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HomeMy WebLinkAboutCC_1987-08-10 Regular Meeting MinutesMORRO BAY CITY COUNCIL AGEND] REGULAR MEETING - AUGUST 10, 1987 VETERANS MEMORIAL HALL - 6:00 P.M. ROLL CALL INVOCATION - REVEREND TOM GESHAY, CALVARY BAPTIST CHURCH PLEDGE OF ALLEGIANCE PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on matters other than scheduled hearing items may do so when recog- nized by the Mayor, by standing and stating their name and address. Com- ments should normally be limited to three minutes. DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR A-1 CITY COUNCIL MINUTES FROM THE REGULAR MEETING OF JULY 27, 1987 A-2 RESOLUTION NO. 94-87 ESTABLISHING CITY'S PROPOSITION 4 (GANN) APPROPRIATIONS LIMIT FOR FY 87-88 A-3 RESOLUTION NO. 91-87 ACCEPTING GRANT OF WATERLINE EASEMENT (RUSSELL H. COLE, SR., GRANTOR) A-4 RESOLUTION NO. 93-87 APPROVING AGREEMENT WITH P.G.&E. REGARDING RELOCATION OF A SANITARY SEWER EASEMENT THROUGH THE MORRO BAY POWER PLANT A-5 APPROVAL OF AGREEMENT FOR USE OF P.G.&E. FIREFIGHTING FOAM TRAILER A-6 AWARD OF CONTRACT PW86-09, STORM DRAINS AND DRAINAGE STRUCTURES PROJECT A-7 RESIGNATION FROM WATER ADVISORY BOARD (SADLIER) AND AUTHORIZATION TO ADVERTISE VACANCY B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 CONSIDERATION OF A CITY -INITIATED ZONING ORDINANCE (AFFORDABLE COMMUNITY HOUSING) B-2 ORDINANCE NO. 306 UPDATING FLOODPLAIN MANAGEMENT ORDINANCE - FIRST READING B-3 PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION DENIAL OF CUP17-87; GUEST HOUSE AT 115 EASTER STREET (IVAN PIERCE, APPELLANT) 1 B-4 RESPONSE TO U.S. DEPARTMENT OF INTERIOR CALL FOR PROPOSED OCS OIL AND GAS LEASE SALE 95 B-5 REVIEW OF "VEHICLE TRANSPORTATION" COMPONENT OF DRAFT CIRCULATION ELEMENT (1-HOUR TIME LIMIT) B-6 PUBLIC HEARING ON LCP/GPA/ZOA 01-87, SUBDIVISION AT SEQUOIA COURT AND IRONWOOD (JAMES MERZON, APPLICANT) C. UNFINISHED BUSINESS C-1 ADOPTION OF GUIDELINES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION PROGRAM IN MORRO BAY BY PEOPLES' SELF-HELP HOUSING CORP. C-2 DISCUSSION OF LEAGUE OF CALIFORNIA CITIES DRAFT WATER POLICY STATEMENT D. NEW BUSINESS D-1 ACCEPTANCE OF COUNCILMEMBER MILLER'S RESIGNATION, AND DETERMINATION OF FILLING COUNCILMEMBER VACANCY D-2 SELECTION OF MAYOR PRO TEM, AND APPOINTMENTS TO INTER -GOVERNMENTAL BOARDS D-3 RECREATION AND PARKS COMMISSION BI-CENTENNIAL CELEBRATION REPORT AND APPROVAL OF NEW CITY FLAG D-4 STREET ADVISORY BOARD RECOMMENDATIONS REGARDING REQUESTS FOR STOP SIGN INSTALLATIONS; RESOLUTION NO. 92-87 DIRECTING INSTALLATION OF YIELD RIGHT-OF-WAY SIGNS ON MORRO AVENUE AT MARINA STREET E. CLOSED SESSION E-1 GOVERNMENT CODE SECTION 54956.9(C): CITY -INITIATED LITIGATION F. ADJOURNMENT COPIES OF STAFF REPORTS OR OTHER WRITTEN DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 10, 1987 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Reddell called the meeting to order at 6:00 P.M. POT,T. CAM. PRESENT: Dale Reddell John Lemons Jeff Odell Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Judy Skousen Louise Burt Bill Farrel Forrest Henderson Nick Nichols Steve Wolter Ardith Davis Horace Strong gave the invocation, Allegiance. PUBLIC COMMENT PERIOD Mayor Councilmember Councilmember Councilmember City Administrator City Attorney Finance Director Comm. Development Dir. Asst. to City Admin. Public Works Dir. Recreation & Parks Dir. City Clerk and led the Pledge of 1. Randy Ruff, 485 Shasta, criticized the Council for set- ting a time limit on consideration of the Traffic Circulation El- ement. He referenced the ridiculous amount of time spent on ne- gotiations with attorneys in the matter of the Mildred Dennis lease, and did not believe Council is being fair to the citizens on this subject. He found the time limit revealing to Council's disregard for citizens' rights. Mayor Reddell advised Mr. Ruff the time limit was for this evening only; Council intended to hold as many hearings as it takes to complete review of the Element and receive public input. A hearing was held on July 27th on the Element, and tonight's hearing will be continued to August 24th. Councilmember Lemons also noted Council had previously adopted a policy regarding ne- gotiating City leases to avoid similar situations as had occurred on the Dennis agreement. 2. Frank Thompson, 700 Pacific, advised he had been con- tacted by the Police Association requesting a donation, and crit- icized the Police Department in general for past activities. DECLARATION OF FUTURE AGENDA ITEMS None MINUTES - MORRO BA: 2ITY COUNCIL REGULAR MEETING - AUGUST 10, 1987 PAGE 2 A. CONSENT CALENDAR A-1 CITY COUNCIL MINUTES FROM THE REGULAR MEETING OF JULY 27 1987 Mr. Napper recommended Council approve the minutes as submitted. A-2 RESOLUTION NO. _94-87 ESTABLISHING CITY'S PROPOSITION 4 (GANN) APPROPRIATIONS LIMIT FOR FY 87-88� Mr. Napper recommended Council adopt Resolution No. 94-87. A-3 RESOLUTION NO. 91 -87 ACCEPTING GRANT OF WATERLINE EASEMENT; RUSSELL COLE, SR., GRANTOR Mr. Napper recommended Council adopt Resolution No. 91-87. A-4 RESOLUTION NO. 93-87 APPROVING AGREEMENT_ WITH P.G.&E. RE- r_APnTMr, RFT,nCATION OF A SANITARY SEWER EASEMENT THROUGH THE MORRO BAY POWER PLANT Mr. Napper recommended Council adopt Resolution No. 93-87. A-5 APPROVAL OF AGREEMENT FOR USE OF P.G.&E. FIREFIGHTING FOAM TRAILER Mr. Napper recommended Council approve the Agreement with P.G.&E. for City -use of their foam firefighting trailer, and authorize the Mayor and City Administrator to sign the Agreement. A-6 AWARD OF CONTRACT AINS AND DRAINAGE STRUC- TURES PROJECT Mr. Napper recommended Council award the contract to R. Baker, Inc. of Arroyo Grande in the amount of $38,825. A-7 RESIGNATION FROM WATER ADVISORY BOARD RIZATION TO ADVERTISE VACANCY SADLIER) AND AUTHO- Mr. Napper recommended Council accept the resignation of Timothy Sadlier from the Water Advisory Board, and instruct staff to ad- vertise the vacancy. MOTION° Councilmember Sheetz moved for approval of the Consent Calendar. The motion was seconded by Councilmember Lemons and unanimously carried. (4-0) B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 CONSIDERATION OF A CITY -INITIATED ZONING ORDINANCE (AFFORDABLE COMMUNITY HOUSING) Bill Farrel noted previous Council action appointing a sub -com- mittee to develop an ordinance providing developer incentives for MINUTES - MORRO BA' ,ITY COUNCIL REGULAR MEETING - AUGUST 10, 1987 PAGE 3 affordable housing. Council referred this ordinance to the Plan- ning Commission for their comments, and the matter is now back before Council with those recommendations. Along with recommend- ing approval of the draft ordinance, the Planning Commission rec- ommended amendments to the General Plan, LUP, and Zoning Ordi- nance to carry out the draft ordinance. Since the Planning Com- mission's consideration of this item, staff has been in contact with the Department of Housing and Community Development; they are of the opinion it is not necessary to make any amendments to these documents for density bonuses up to 25% where they are for residential uses in a residential zone or land use area. Inclu- sion of commercial uses in an exclusively residential zone proba- bly does require amendments. Mr. Farrel also reviewed another suggestion to revise the ordi- nance because of a possible conflict between the ordinance's pro- visions for commercial use and the exclusions of commercial uses in the R-2 zoning district, General Plan, and LUP. Because of these procedural questions affecting validity, staff recommended Council refer the matter back to staff for further research and clarification. Mr. Napper stated he has requested model ordinances on promoting affordable housing from the League of California Cities. Councilmember Lemons was assured by staff that nothing being contemplated was against State law. Mayor Reddell opened the hearing to the public for comments; the hearing was closed as there were no comments. MOTION: Councilmember Sheetz moved this item be returned to staff for further refinement and research on a model ordinance. The motion was seconded by Councilmember Lemons and unanimously carried. (4-0) lim nRDINANCE NO. 306 UPDATING FLOODPLAIN MANAGEMENT ORDINANCE - FIRST READING Mr. Nichols stated the City participates in the National Flood Insurance Program administered by the Federal Emergency Manage- ment Agency (FEMA). Our ordinance was adopted in 1981 establish- ing procedures for minimizing flood damage potential for new pro- jects in the 100-year flood plain. FEMA is mandating changes to the Program, which requires amendment of City ordinances. He re- viewed some of the changes to the ordinance and recommended Coun- cil adopt it as first reading this evening. Councilmember Lemons questioned the requirement for developers in the 100-year flood zone to show the elevations of building pads, and asked if there were building applications for these areas. Mr. Nichols stated the flood elevation has not been calculated; a Motel 6 expansion had been considered in a floodplain, but was not filed. MINUTES - MORRO BA'_ .'ITY COUNCIL REGULAR MEETING - AUGUST 10, 1987 PAGE 4 Mayor Reddell opened the hearing to the public; as there were no comments, the hearing was closed. MOTION: Councilmember Sheetz moved Ordinance No. 306 be read by title and number only. The motion was seconded by Councilmember Lemons. Councilmember Lemons asked if the City knew how many people have purchased the flood insurance offered by FEMA? Mr. Nichols did not know; however, he stated the City was required to pur- chase flood insurance for our new wastewater treatment plant, since it is in a 100-year flood zone. Mayor Reddell asked about the City's liability in this program; Ms. Skousen stated there is always liability, however, the City has government immunities and does not guarantee an individual's property is going to be safe. Mr. Nichols stated the Planning Department is aware of the areas designated as 100-year flood zones, and works with the Public Works Department to assure de- velopers are aware. The motion was unanimously carried. (4-0) Mr. Napper read Ordinance No. 306 by title and number only. MOTION: Councilmember Sheetz moved for adoption of the first reading of Ordinance No. 306. The motion was seconded by Councilmember Lemons and unanimously carried. (4-0) RM PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION DENIAL OF CUP17-87; GUEST HOUSE AT 115 EASIER STREET (IVAN PIERCE APPELLANT) Mr. Farrel stated the Planning Commission, on July 6, 1987, de- nied a request to allow a guest house at 115 Easter Street; the applicant has filed a timely appeal to this action. He noted the principle reason the Planning Commission denied the request is the possibility of converting the guest house into a second liv- ing unit and renting it; other concerns were impacts on the neighborhood, greater water usage, and change in community char- acter. The Planning Commission has asked staff to return with guidelines about guest houses in general. Mr. Farrel noted it is important to keep in mind the CUP is for the added bathroom; the recreation room is already built and is legal without these fa- cilities being requested. Mayor Reddell questioned a letter from Mr. DePalma stating guest houses are not allowed on the Atascadero Beach Tract according to the CC&R's. Mr. Farrel stated the CC&R's actually do allow guest houses in that area and some of these CC&R requirements (including the guest house provision) were incorporated into City ordinance. Mayor Reddell requested a letter be directed to Mr. DePalma advising him of this fact. MINUTES - MORRO BA: iITY COUNCIL REGULAR MEETING - AUGUST 10, 1987 PAGE 5 Mayor Reddell opened the hearing to the public for comments. Ivan Pierce, applicant, encouraged Council to grant his appeal noting historical Planning Commission action in approving guest houses; he stated he is willing to sign the deed restriction, and noted he plans to use the addition as a place to shower after beach use. Also speaking in favor of the appeal were Zorus Colglazier, 3069 Beachcomber; Burton Shiner, 110 Easter; and Ed Bowe, 3031 Beachcomber. Mayor Reddell closed the hearing to the public. Councilmember Lemons believed the City to be overly concerned about conversion of this use and presumption someone is guilty before it occurs. MOTION: Councilmember Lemons moved Council grant the appeal. The motion was seconded by Councilmember Odell. Councilmember Sheetz asked if the deed restriction and covenants are included in the motion; she said she could not support the motion if they are not. There was discussion regarding the deed restriction, with Coun- cilmember Sheetz asking if it is enforceable. Ms. Skousen stated the only way to enforce it is to be able to prove the property owner is renting the property. However, it does serve to make a new property owner aware of the restriction. Councilmember Lemons commented rental of the guest house is just as illegal with or without the deed restriction. Mr. Napper asked Council if the motion also includes the staff recommendations there be no compensation received or paid for the use of the house, and no food preparation or storage provided on site. There was discussion on whether or not a microwave oven would be precluded by the language. Mr. Farrel stated the conditions are standard and have been used in the past to regulate guest houses; permanent food preparation facilities such as stove would be con- sidered illegal. He believed a microwave was exempt. The motion was unanimously carried. (4-0) B-4 RESPONSE TO U.S. DEPARTMENT OF INTERIOR CALL FOR PROPOSED OC_SO IL AND GAS LEASE SALE795 Mr. Farrel stated there are 5 tracts off the coast of Morro Bay which have already been leased, but not developed. At this time, the U.S. Department of Interior has issued a Call for Information on their "Notice of Intent to Prepare an EIS on Southern Califor- nia Sale 95" . He noted the City has objected at every possible MINUTES - MORRO BAI ITY COUNCIL REGULAR MEETING - AUGUST 10, 1987 PAGE 6 opportunity to offshore oil leasing and onshore support facili- ties; this is another opportunity. He reviewed the points developed by the City in order to respond to the Department of Interior, and stated the Planning Commission and Harbor Advisory Board have reviewed and approved the points. Councilmember Odell suggested including the fact that Morro Bay has more sandy beach than rocky beach as a reason not to develop off Morro Bay. One of the points made by the Bureau of Land Man- agement is a sandy coast is more sensitive to oil pollution and less capable of recovery than rocky coastline. Councilmember Lemons suggested changing the wording from "the proposed Lease Sale 95 ...", to "the development of Lease Sale 95... ". He said it is the development of the sites that should be opposed, as the development causes the problems being cited. Staff noted it would make those changes. Councilmember Sheetz stated there were a number of facts given by Congressman Panetta on the way the tide flows which makes Morro Bay different from other areas; she suggested including some of this information in the letter. Mayor Reddell asked if there is a date by when platforms will be placed on the sites. Mr. Napper stated if all goes well for the U.S. Department of the Interior, their schedule is to release the sales by September 1989. Mayor Reddell opened the hearing to the public; there were no comments and the hearing was closed. MOTION: Councilmember Sheetz moved Council adopt the staff re- port as the City's response to the Dept. of Interior's Call for Information (including Council comments), and staff be instructed to prepare this response in a let- ter for the Mayor's signature. The motion was seconded by Councilmember Lemons and unanimously carried. (4-0) B-5 REVIEW OF "VEHICLE TRANSPORTATION" COMPONENT OF DRAFT CIRCU- LATION ELEMENT (1-HOUR TIME LIMIT) Mr. Farrel stated Council will concentrate this evening on the Vehicle Transportation and Streets component of the Circulation Element. He noted the staff report included recommendations from the Planning Commission, Harbor Advisory Committee, and Street Advisory Committee; staff concurred in these recommendations ex- cept the deletion of a future arterial roadway connecting Atas- cadero Road with the Embarcadero. Staff believed this should be retained in the Element as a long-range, low -priority plan. Don Funk of the Morro Group, consultant on this Element, reviewed the various aspects of the Vehicle Transportation and Streets component. He said the purpose of the Element is to meet current MINUTES - MORRO BA1 21ITY COUNCIL REGULAR MEETING - AUGUST 10, 1987 PAGE 7 and expected circulation needs of the community. He reviewed various tables of information including traffic f streetsmajor traffic generators, selected problem areas, types the street system master plan. He stated one of main reasons for retaining the Embarcadero/ Atascadero Road connection is to allow for an alternate route to and from the north and south portions of Morro Bay. If the High- way 1 overpass at Main/Radcliffe Streets ever collapses due to an earthquake or accident, emergency vehicles would have to go through Atascadero and San Luis Obispo to get to the north or south part of Morro Bay. Mayor Reddell noted the statistics in the Element are from 1984 and earlier, and asked if there are more current figures. Mr. Nichols stated the data was current at the time of plan prepara- tion, but the draft document has taken this long for advisory board and hearing reviews. Councilmember Odell was concerned about uncontrolled intersec- tions and whether the Element had sufficiently addressed them. He also asked if, in recommending the Embarcadero/Atascadero Road connection, consideration had been given to going through P.G.&E. property. Mr. Funk stated they had not considered it an option. Mayor Reddell opened the hearing to the public. Nancy Bast, 450 Fairview, read a letter submitted earlier to Council on behalf of the Civic Action League opposing the Coleman Drive/Highway 41 connection and reminding Council the voters re- jected similar proposals on two ballot occasions. Janice Schenk expressed concerns about possible development in the area of Coleman Park with the realignment of Coleman Drive. Don Funk explained the two issues, Embarcadero extension to High- way 41 and realignment of Coleman Drive, noting the Coleman Drive realignment consists of placing Coleman Drive behind the chil- dren's park and extending it to the Rock. This would allow for potential development of the present Coleman Drive area for com- mercial fishing only, as prescribed by a people's initiative. Charles Palmer, 485 Estero, stated if Coleman Drive is placed be- hind the park, the City will be infringing on P.G.&E. underground tunnels. Faye McGonagill, 2898 Sandalwood, spoke against the Embarcadero extension to Highway 41, and the connection to San Jacinto through the VRM property. She believes such an extension would destroy the north Morro Bay neighborhood, and noted the number of accidents at San Jacinto caused by Highway 1. She made sugges- tions to contact P.G.&E. regarding an emergency access road to the Embarcadero through their property. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 10, 1987 PAGE 8 Randy Ruff, 485 Shasta, suggested Council take an environmental look at the Embarcadero area and get cars out rather than plan- ning ways to route more through there. The area around Coleman Drive should be made an environmental sensitive open area. The environment is the number one priority, and the mentality of this discussion is all off -base. Jane Von Koehe, 2775 Hemlock, believed more yield signs are needed in the North Morro Bay area. She also stated the Embar- cadero area should be for people rather than cars. Mayor Reddell closed the hearing to the public. Mr. Napper suggested Council discuss the presentation this evening and continue the matter to their August 24th meeting. Mayor Reddell stated he was in favor of getting traffic off the Embarcadero and getting people on it. He also wanted a separate study of stop/yield signs in town. Councilmember Sheetz also was not in favor of creating more traffic on the Embarcadero. MOTION: Councilmember Sheetz moved the hearing on the Traffic Circulation Element be continued to August 24th. The motion was seconded by Councilmember Lemons. Councilmember Lemons suggested Council also discuss the related parking component of the Element at that meeting if time allows. Councilmember Sheetz amended her motion to include Council would discuss the parking component of the Ele- ment if time allows. The amendment was accepted by Councilmember Lemons and the motion was unanimously carried. (4-0) Council took a recess from 8:38 p.m. to 8:55 p.m. B-6 PUBLIC HEARING ON LCP/GPA/ZOA 01-87, SUBDIVISION AT SEQUOIA COURT AND IRONWOOD (_JAMES MERZON, APPLICANT) Mayor Reddell excused himself from discussion and action on this matter because of a conflict of interest, and handed the meeting to Councilmember Lemons to act as Chair of the meeting. Mr. Farrel reviewed the application for a General Plan and Local Coastal Program amendment from low density residential to low/medium density residential, and a zone change from R-A to R-1/PD for a site located on the corner of Sequoia Court and Ironwood Avenue. The applicant's current proposal is to subdi- vide to create one new parcel of 10,800 square feet. The Plan- ning Commission recommends approval of the application. Chairman Lemons opened the hearing to the public for comments. Jim Merzon, applicant, stated he is willing to accept the condi- MINUTES - MORRO BA1 �'ITY COUNCIL REGULAR MEETING - AUGUST 10, 1987 PAGE 9 tions imposed by staff and the Planning Commission and would be happy to answer any questions. Chairman Lemons closed the hearing to the public. MOTION: Councilmember Sheetz moved for adoption of Resolution No. 95-87. The motion was seconded by Councilmember Odell and carried on the following roll call vote: AYES: Lemons, Odell, Sheetz NOES: None ABSTAIN: Reddell Mayor Reddell resumed his seat. C. UNFINISHED BUSINESS C-1 ADOPTION OF GUIDELINES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION PROGRAM IN MORRO BAY BY PEOPLES' SELF-HELP HOUSING CORP. Councilmember Odell excused himself due to a possible conflict of interest. Mr. Farrel stated Council had reviewed the guidelines at their last meeting and postponed action on the item due to some out- standing questions. A response to some of the questions was pro- vided by Peoples's Self -Help Housing Corp. (PSHHC) and is in- cluded in Council's packet. Councilmember Lemons questioned the Conflict of Interest provi- sion in the Guidelines; he said everyone who applies under the program has to qualify anyway. Mr. Farrel explained the screen- ing committee reviewing the applications has to have criteria to judge applications. He also stated the guidelines were taken from those prepared by the California Department of Housing and Community Development. Councilmember Lemons asked who is the City Loan Committee? Mr. Farrel stated it is not included in the guidelines, but would probably consist of a representative from PSHHC, the Finance Di- rector and the Community Development Director. Councilmember Lemons believed the City Loan Committee should be defined in the Guidelines. Councilmember Lemons also asked questions regarding insurance and Mayor Reddell questioned foreclosure proceedings, to which Patricia Wickstrom of PSHHC responded. MOTION: Councilmember Sheetz moved for approval of the City's CDBG Housing Rehabilitation Program Guidelines as re- submitted to include the appendix material submitted by PSHHC and definition of the Loan Committee. The motion MINUTES - MORRO BA). .:'ITY COUNCIL REGULAR MEETING - AUGUST 10, 1987 PAGE 10 was seconded by Councilmember Lemons and carried, with Councilmember Odell abstaining. (3-0-1) Councilmember Odell resumed his seat. C-2 DTSCTISSION OF LEAGUE OF CALIFORNIA CITIES DRAFT WATER POLICY STATEMENT Mr. Napper stated Council reviewed this matter at their last Council meeting and made some suggestions along with forwarding it to the Water Advisory Board for their review and comments. The Water Advisory Board very thoroughly reviewed the Statement and made recommendations for inclusions along with adopting sev- eral suggestions posed by the Community Development Director. Nick Nichols reviewed the changes and additions suggested by the Water Advisory Board. Councilmember Lemons commended the Water Advisory for reviewing this item so thoroughly; he believed they had done an excellent job. Mr. Napper stated staff would take approved comments and forward them in a comprehensive letter to the Channel Counties Division of the League. The League's Environmental Policy Committee will be considering these items for final format to be submitted at the Annual Conference; he noted Councilmembers Lemons and Odell were members of this Committee. Councilmember Lemons suggested the final format very clearly and strongly state the Glossary is adopted as part of the Policy Statement. MOTION: Councilmember Lemons moved the comments of the Water Advisory Board be reduced to writing and submitted to the Channel Counties Division of the League of Califor- nia Cities on behalf of the City. The motion was sec- onded by Councilmember Odell and unanimously carried. (4-0) D. NEW BUSINESS D-1 ACCEPTANCE OF COUNCILMEMBER MILLER'S RESIGNATION, -AND DETER- MINATION OF FILLING COUNCILMEMBER VACANCY Mr. Napper advised Council should officially accept Councilmember Miller's resignation this evening. In addition, Council can ei- ther fill the vacancy by appointing an individual to fill Coun- cilmember Miller's unexpired term, or call a special election for that purpose. He noted the earliest a special election could be held is April 12, 1988; since the County of San Luis Obispo has no plans to conduct an election on that date, the City would be on its own and the cost could be in the area of $10,000. Mr. Napper recommended Council accept the resignation of Coun- cilmember Miller, and appoint a registered voter of Morro Bay to fill his unexpired term of office to November 1988. MINUTES - MORRO BAI 2ITY COUNCIL REGULAR MEETING - AUGUST 10, 1987 PAGE 11 MOTION: Councilmember Lemons moved Council accept the resigna- tion of Councilmember Miller from the Morro Bay City Council, effective August 1, 1987. The motion was sec- onded by Councilmember Sheetz and unanimously carried. (4-0) Councilmember Odell requested a 3 minute recess. Mayor Reddell called a recess, and Council recessed from 9:37 p.m. to 9:40 p.m. Councilmember Sheetz stated she favored an election to fill the vacancy; however, since an election is not possible until April 1988, she believed Council should attempt to appoint a replacement. Mayor Reddell believed the individual chosen should have a record of attending past Council meetings, is interested in the City, and can step into Councilmember Miller's chair and not be left behind for the next 2 or 3.months. Councilmember Lemons stated he has a nominee. He reviewed the qualifications of the individual, stating although the person has not been a member of the community very long, he has been active since he's been here. He has been involved in the Morro Bay Library, was a newspaper publisher, active on the Water Advisory Board, currently serves on the County Water Advisory Board as Supervisor Coy's designee, and is now on the 1987-88 County Grand Jury. MOTION: Councilmember Lemons moved Tom Wuriu be appointed to the City Council to fill Mr. Miller's unexpired term. The motion was seconded by Mayor Reddell. Mayor Reddell stated Mr. Wuriu meets his criteria. Councilmember Sheetz stated she could not support the motion; she believes Mr. Wuriu is on too many committees and would not be able to stretch himself further. Mayor Reddell asked if she could support Mr. Wuriu if he did not have so many commitments. Councilmember Sheetz responded he should fulfill one obligation before taking on another. The motion failed on the following roll call vote: AYES: Lemons, Reddell NOES: Odell, Sheetz Councilmember Odell stated he wished to nominate Ken Powell who is a 12 year resident of Morro Bay and owns a paint store. He said he doesn't have a great deal of advisory board experience, but has served well on the one board he has been appointed to. MOTION: Councilmember Odell moved Ken Powell be appointed to the vacancy on the City Council. The motion was sec- onded by Councilmember Sheetz. MINUTES - MORRO BAI _'ITY COUNCIL REGULAR MEETING - AUGUST 10, 1987 PAGE 12 There was considerable discussion regarding Mr. Powell and Mr. Wuriu. The motion failed on the following roll call vote: AYES: Odell, Sheetz NOES: Lemons, Reddell MOTION: Councilmember Lemons moved Rodger Anderson be appointed to the City Council. The motion was seconded by Mayor Reddell and failed on the following roll call vote: AYES: Lemons, Reddell NOES: Odell, Sheetz MOTION: Mayor Reddell moved John Baker be appointed to the City Council. The motion was seconded by Councilmember Lemons. Councilmember Odell expressed dismay Councilmembers could not discuss this appointment out of the public eye due to the re- straints of the Brown Act. Councilmember Sheetz suggested Coun- cil postpone a decision until some of the people whose names have been suggested have been asked if they are willing to serve; also Councilmembers will then have an opportunity to meet with some of them. Councilmember Odell agreed, indicating he was not comfort- able making a decision this evening; he knew only slightly some of the individuals suggested. Councilmember Reddell withdrew his motion and Coun- cilmember Lemons his second. Councilmember decided to continue the matter to an adjourned meeting on Wednesday, August 12th at 7:00 p.m. in the Veterans Hall. D-2 SELECTION OF MAYOR PRO TEM, AND APPOINTMENTS TO INTERGOVERN- MENTAL BOARDS �� Mr. Napper stated when Mr. Miller resigned his Council seat, he also vacated the position of Mayor Pro Tem and various appoint- ments to inter -governmental committees: Council SubCommittee on Employee Grievances; Economic Opportunity Commission; and the Tri-Counties Socioeconomic OCS Advisory Committee. Council can either fill these vacancies now or wait until after they have made an appointment to the Council vacancy. MOTION: Councilmember Lemons moved this item also be deferred to Wednesday evening, August 12th. The motion was sec- onded by Councilmember Odell and unanimously carried. (4-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 10, 1987 PAGE 13 D-3 RECREATION AND PARKS COMMISSION BI-CENTENNIAL CELEBRATION REPORT AND APPROVAL OF NEW -CITY FLAG Steve Wolter stated Council previously directed the Recreation and Parks Commission to develop programs to celebrate the Bicen- tennial of the Constitution. A Commission subcommittee made rec- ommendations to the Commission who adopted the 8 programs; 3 re- quire additional City funds or staff time. He reviewed the pro- grams noting a request for an appropriation of $1,150 to purchase 6 City flags, and direction to staff to investigate costs and de- signs to expand/improve the Centennial Stairway to commemorate the Bicentennial. Mr. Wolter displayed the various suggestions for a City flag not- ing the one preferred by the Recreation and Parks Commission. This is basically the logo on City letterhead in a circular form with "City of Morro Bay Incorporated 1964" in a white banner around the logo. The colors suggested are white on a blue back- ground. A graphic artist also made recommendations to break-up the blue background by placing a white banner on the left, right, or both sides of the logo. The Recreation and Parks Commission's consideration of the flag was prior to this recent suggestion on banners. Councilmembers discussed the various flag proposals and favored the recommendation of the Recreation and Parks Commission with the addition of the white banner on the left and right side of the logo. Motion: Councilmember Lemons moved Council approve the Recre- ation and Parks Commission 8-point plan to celebrate the Bicentennial of the U.S. Constitution; instruct staff to investigate costs and designs to expand/im- prove the Centennial Stairway; approve appropriation of $1,150 from FY87-88 General Fund Contingency for the purchase of 6 City flags and flag pole improvements; and approve the recommendation of the Recreation and Parks Commission for a City flag to include the two white banners. The motion was seconded by Councilmem- ber Sheetz and unanimously carried. (4-0). D-4 STREET ADVISORY COMMITTEE RECOMMENDATIONS REGARDING REQUESTS FOR STOP SIGN INSTALLATIONS, RESOLUTION NO. 92-87 DIRECTING INSTALLATION OF YIELD RIGHT-OF-WAY SIGNS ON -MORRO AVENUE AT MARINA STREET Mr. Nichols stated the Street Advisory Committee recently re- ceived requests for stop signs at Morro Avenue at Marina Street, and Morro Bay Blvd. at Napa Avenue. Staff investigated the re- quests and presented information to the Street Advisory Commit- tee. The Committee did not recommend stop signs at Morro Bay Blvd. and Napa Avenue; warrants for a 4-way stop are not met at this location and the Committee believed it prudent to wait for MINUTES - MORRO BA1 .ITY COUNCIL REGULAR MEETING - AUGUST 10, 1987 PAGE 14 the Community Center to be completed and study traffic circula- tion in the whole area at that time. With regard to the Morro Avenue at Marina Street, the Committee believed a yield sign along with appropriate marking be placed at this site; warrants for a stop sign are not met, but amounts of traffic and types of accidents call for the yield recommendation. There was lengthy discussion on warrants and how they apply to installation of stop signs throughout the City. Mayor Reddell did not agree with the premise someone has to die before a stop sign can be installed. Mr. Nichols explained the need to use a standard supportable in a court if necessary. Councilmember Lemons supported the recommendation of the Street Advisory Committee, noting the liability imposed on the City if it arbitrarily installs stop signs. Sil Cadenasso stated the Chamber of Commerce Board of Directors unanimously voted to request Council install a stop sign at the Napa/Morro Bay Blvd. location. Councilmember Sheetz believed a stop sign is needed at this in- tersection; the situation could be reevaluated when the Community Center is complete. Councilmember Lemons reiterated it doesn't meet the warrants. There was further discussion on the advisability of installing stop signs without studying the downtown area as a whole, or meeting traffic standards. MOTION: Councilmember Lemons moved the request for a stop sign at the corner of Morro Bay Blvd. and Napa Avenue be de- ferred with consideration of the draft Traffic Circula- tion Element. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0) MOTION: Councilmember Sheetz moved for adoption of Resolution No. 92-87 (yield right-of-way signs on Morro Ave. at Marina Street). The motion was seconded by Councilmem- ber Lemons and unanimously carried. (4-0) E. CLOSED SESSION Mr. Napper stated due to the late hour, the City -initiated liti- gation, and the Western Oil and Gas lawsuit matter can be post- poned to the Wednesday evening Council meeting. He suggested Mayor Reddell only announce the VRM issue. MOTION: Councilmember Lemons moved the meeting adjourned to Closed Session. The motion was seconded by Councilmem- ber Sheetz and unanimously carried. (4-0) MINUTES - MORRO BAD. ,.:ITY COUNCIL REGULAR MEETING - AUGUST 10, 1987 PAGE 15 Mayor Reddell announced Council is adjourning to Closed Session to discuss litigation in accordance with Government Code Section 54956.9(a) regarding Kota -Morro Bay, Inc. -land Morro Bay - Natalie, Inc. vs. City of Morro Bay. The meeting adjourned to Closed Session at 11:20 p.m. and re- turned to regular session at 11:32 p.m. MOTION: Councilmember Sheetz moved the meeting be adjourned. The motion was seconded by Councilmember Lemons and unanimously carried. (4-0) The meeting adjourned at 11:32 p.m. Recorded by: ARDITH DAVIS City Clerk