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HomeMy WebLinkAboutCC_1987-09-28 Regular Meeting MinutesMORRO BAY CITY COUNCIL AGENDA REGULAR MEETING - SEPTEMBER 28, 1987 VETERANS MEMORIAL HALL - 6:00 P.M. ROLL CALL INVOCATION 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 Unless an item is pulled for separate action by the City Council to discuss under New Business, the following actions are approved without discussion. A. CONSENT CALENDAR A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF SEPTEMBER 14, 1987 AND SPECIAL MEETING OF SEPTEMBER 17, 1987 A-2 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (UPTOWN BEAUTY SALON) A-3 RATIFICATION OF RECREATION AND PARKS COMMISSION FACILITY -USE RULE CHANGE A-4 ACCEPTANCE OF REAL PROPERTY CONVEYANCE BY SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR COMMUNITY CENTER PUBLIC RIGHT-OF-WAY (PULLED) A-5 STATEMENT OF INVESTMENTS FOR AUGUST 1987 A-6 STATEMENT OF EXPENDITURES FOR AUGUST 1987 A-7 PROCLAMATION DECLARING SEPTEMBER 15 - OCTOBER 15, 1987 AS "EROSION CONTROL MONTH" A-8 PROCLAMATION DECLARING SEPTEMBER 30 - OCTOBER 6, 1987 AS "ROLLER SKATING WEEK" A-9 PROCLAMATION DECLARING OCTOBER 3-10, 1987 AS "ON THE WAGON WEEK" A-10 PROCLAMATION DECLARING THE WEEK OF OCTOBER 4-10, 1987 AS "NATIONAL MENTAL ILLNESS AWARENESS WEEK" 1 A-11 PROCLAMATION DECLARING OCTOBER 4-10, 1987 AS "COASTWEEK", AND OCTOBER 10, 1987 AS "CALIFORNIA COASTAL CLEAN-UP DAY" A-12 PROCLAMATION DECLARING OCTOBER 5-9, 1987 AS "DIAL -A -RIDE WEEK" B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 PUBLIC HEARING ON LABOR RELATIONS/NEGOTIATIONS IMPASSE WITH MORRO BAY PEACE OFFICERS ASSOCIATION B-2 ORDINANCE NO. 309 REGULATING FIRST SKATEBOARDS UPON CERTAIN PUBLIC RIGHTS -OF -WAY AND PROPERTIES PROVISIS FOR ZONING B-3 ORDINANCE FORCEMENT 1 ANDREVISING ASSOCIATED MUNICIPAL VIOLAT ON PENALTIEOSNAND (F RST READING) COODE ENFORCEMENT, EN r B-4 ODEREGARDING EAMENDING NO. 307 MUNICI- PAL COCOCONDOM CONDOMINIUM CONVERSION PROJECTS (FIRST READING) B-5 ORDINANCE NO. 308 MODIFYING THE STATE SPEED LIMIT ON CERTAIN CITY STREETS OR PORTIONS THEREOF (FIRST READING) B-6 PUBLIC HEARING ON CONVENIENCE OF PUBLIC TRANSPORTATION LICENSE FOR LIMOUSINE SERVICE (FLEMING/LAMBERT, APPLICANTS) B-7 CONSIDERATION OF 30-YEAR CITY MASTERLEASE FOR WATERFRONT SITE 51/51W (ASSOCIATED PACIFIC CONSTRUCTORS, INC ) B-8 CONTINUED HEARING (O HOURCHAPTER D SCUSSIONRTIME)LIOMIT)THE PROPOSED CIRCULATION ELEMENT REVISION B-9 PUBLIC HEARING ON ORDINANCE NO. 310 AMENDING ODE CONCERNING OVISIONS OF SUBDIVISION TITLE 16 (SUBDIVISIONS) OF THE MUNICIPAL REVIEW BOARD AND SUBDIVISION MAP PROCEDURES C. UNFINISHED BUSINESS 7, CITY- C-1 SUBMITTAL OFADDITIONAL COASTAL PROGRAM INFORMATIONON NUSEAS AMENDMENT B INITIATED (AKAWILLIAMS BROTHERS INITIATIVE) C-2 REPORT ON DOWNTOWN PARKING ENFORCEMENT PILOT PROGRAM C-3 APPOINTMENT OR SET DATE TO INTERVIEW APPLICANTS TO WATER ADVISORY BOARD D. NEW BUSINESS D-1 LEGAL OPINION REGARDING A POTENTIAL MANDATORY WATER RETROFIT PROGRAM D-2 APPROPRIATION OF PARK IN -LIEU FUNDS FOR IMPROVEMENTS AT DEL MAR PARK D-3 CITY POSITION ON LEAGUE OF CALIFORNIA CITIES RESOLUTIONS FOR ANNUAL CONFERENCE BUSINESS SESSION 2 E. CLOSED SESSION E-1 GOVERNMENT CODE SECTION 54957.6(A) - LABOR RELATIONS E-2 GOVERNMENT CODE SECTION 54956.9(A) - PENDING LITIGATION A. CABRILLO VS. CITY OF MORRO BAY B. (DISCLOSURE OF TITLE MAY JEOPARDIZE SETTLEMENT CAPABILITIES) E-3 GOVERNMENT CODE SECTION 54956.8 - REAL PROPERTY NEGOTIATIONS; LEASE SITE 51 /51W 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 AT CITY HALL, AND ARE AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST. 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 28, 1987 VETERANS MEMORIAL HALL - 6:00 P.M. The meeting was called to order by Mayor Reddell at 6:04 p.m. R(IT,T, (..ATJT PRESENT: Dale Reddell Mayor Paul Donnelly Councilmember John Lemons Councilmember Jeff Odell Councilmember Rose Marie Sheetz Councilmember ABSENT: None STAFF• Gary Napper City Administrator Judy Skousen City Attorney Bill Boucher Assoc. Civil Eng. Alan Davis Harbor Director Bill Farrel Comm. Development Dir. Forrest Henderson Asst. to City Admin. Dave Howell Police Chief Nick Nichols Public Works Dir. Steve Wolter Recreation & Parks Dir. Ardith Davis City Clerk Horace Strong gave the invocation and led the Pledge of Allegiance. PUBLIC COMMENT PERIOD 1. Andy Zatko presented a trophy to Mayor Reddell, noting the bottle on the -trophy contains prohibition whiskey which he found while diving. Mr. Zatko has made this presentation to all City Mayors since Eugene Shelton (1982). 2. Mary Phillips objected to seniors having to pay $3.00 an hour to play pool at the Senior Center on Saturdays; she also stated they are required to place a $150 deposit on use of the key. She said the seniors bought the pool table themselves. Mr. Wolter stated this matter has been referred to the Senior Citizens Board of Directors; if they determine the pool -playing on Saturday is an official senior activity, the charges will not be in effect. Mr. Napper noted that City Council had received a memorandum on this and other senior activity issues. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Odell requested the City Attorney research return- ing a portion of the Tidelands Grant to the State; specifically, the area from Morro Rock west to the 3 mile corridor. MINUTES - MORRO BP" '•,ITY COUNCIL REGULAR MEETING - __� TEMBER 28, 1987 PAGE 2 A. CONSENT CALENDAR A-1 _CITY COUNCIL MINUTES OF THE REGULAR MEETING OF SEPTEMBER 14, 1987 AND SPECIAL MEETING OF SEPTEMBER 17, 1987 Mr. Napper recommended Council approve the minutes as submitted. A-2 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (UPTOWN BEAUTY SALON) Mr. Napper recommended Council deny the claim, and authorize the City Clerk to sign the rejection letter. A-3 RATIFICATION OF RECREATION AND PARKS COMMISSION FACILITY -USE RULES Mr. Napper recommended Council ratify the Recreation and Parks Commission rules establishing an annual permit process for stand- ing facility use reservations. A-4 ACCEPTANCE OF REAL PROPERTY_ CONVEYANCE BY SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR COMMUNITY CENTER PUBLIC RIGHT- OF-WAY (PULLED) No action; item pulled from Agenda. A-5 STATEMENT OF INVESTMENTS FOR AUGUST 1987 Mr. Napper recommended Council receive the report for file. A-6 STATEMENT OF EXPENDITURES FOR AUGUST 1987 Mr. Napper recommended Council approve the Expenditure Report as submitted. A-7 _PROCLAMATION DECLARING SEPTEMBER 15 - OCTOBER 15, 1987 AS "EROSION CONTROL MONTH" A-8 PROCLAMATION DECLARING SEPTEMBER 30 - OCTOBER 6,_ 1987 AS "ROLLER SKATING WEEK" A-9 PROCLAMATION DECLARING OCTOBER_3-10, 1987 AS "ON THE WAGON WEEK A-10 PROCLAMATION DECLARING THE WEEK OF OCTOBER 4-10, 1987 AS "NATIONAL MENTAL ILLNESS AWARENESS WEEK" A-11 PROCLAMATION DECLARING OCTOBER 4-10, 1987 AS "COASTWEEK", AND OCTOBER 10, 1987 AS "CALIFORNIA COASTAL CLEAN-UP DAY" A-12 PROCLAMATION DECLARING OCTOBER 5-9, 1987 AS "DIAL -A -RIDE W EE K -- Mr. Napper recommended Council authorize the Mayor to sign the Proclamations. MINUTES - MORRO B2, �,'ITY COUNCIL REGULAR MEETING - SEPTEMBER 28, 1987 PAGE 3 Mayor Reddell asked questions regarding the use permits for fa- cility use; he was concerned the City's right to preempt group - use activities could jeopardize a major event if it was scheduled to be held at the new Community Center. Mr. Napper stated orga- nizations would only be preempted for official City business; he also noted official City business is typically held at the Vets Hall rather than the new Community Center. MOTION: Councilmember Lemons moved for the adoption of the Con- sent Calendar. The motion was seconded by Councilmem- ber Odell and unanimously carried. (5-0) B. _PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 PUBLIC HEARING ON LABOR RELATIONS/NEGOTIATIONS IMPASSE WITH MORRO BAY PEACE OFFICERS ASSOCIATION Mr. Henderson reviewed recent negotiations with the Morro Bay Peace Officers Association (MBPOA), which failed to result in agreement. He stated late today (3 PM), staff received aa writossten proposal from the MBPOA requesting a 6.0% pay increase board, retroactive to July 25, 1987, and a 1 year contract. Don Becker, Chief Negotiator for the City, reviewed in depth the negotiations between the City and the MBPOA (which includes sworn personnel in the Police Department, as well as the Dispatchers) since April 1987. He noted a total of 7 meetings have been held with the Association and reviewed the City's and the Associa- tion's positions at the various meetings. After their last meet- ing (July 7, 1987) failed to produce an agreement, a mediator from the State Conciliation Service was called in an attempt to resolve the differences. This also failed, and the Association requested a hearing before Council, subsequently set for Septem- ber 14th. At that hearing, the MBPOA requested a continuance as they wished to return to the negotiating table with City negotia- tors. That bargaining session was held on September 17th; again, an agreement was not reached. Consequently, the final hearing was set this evening. Mr. Becker reviewed salary comparisons between Morro Bay Police employees and other County agencies. He stated the three issues the two parties were unable to reach agreement on is retirement, salary, and contract term. The MBPOA requests the PERS 2% at 50 retirement plan, which the City is agreeable to; however, the Association wants the plan to be effective in the second year of a 3 year contract with the City paying the additional 2% connected with the plan in July 1989. The City has agreed to implement the plan July 1990. Mr. Becker discussed the City's policy not to award retroactivity unless agreement is reached at least during the month of July. This position has been modified by City negotiators due to the fact the PERS actuarial study was not received until June 18th, and negotiations on this subject were unable to proceed until it was received. MINUTES - MORRO BA >'ITY COUNCIL REGULAR MEETING - SEPTEMBER 28, 1987 PAGE 4 Mayor Reddell opened the hearing to the public for comments. Gregg Beuer, negotiator for the Morro Bay Peace Officers Associa- tion, stated the Association is not completely prepared for the hearing this evening, because he was led to believe the hearing would be handled in a different manner. He noted the negotia- tions resulted in a lot of give and take on both sides. He re- viewed the Association's opposition to a long-term contract due to unknowns in future years, citing changes in tax laws. He em- phasized the importance in benefits as opposed to increases in salaries due to current tax laws; and, outlined the Association's commitment to the 2% at 50 retirement plan, and the benefits to the City in attracting qualified personnel with comparable pay packages. Mr. Beuer noted dispatchers cannot be included in the retirement program; therefore, they need a 6% salary raise now and 2% salary raise in January 1988. He reviewed salaries for dispatchers in other jurisdictions, and noted the additional duties Morro Bay dispatchers are expected to perform outside of the straight dis- patching often performed in other cities. Mr. Beuer stated the Association was informed by their represen- tative, Mr. Lennon, the City negotiator offered a 6% salary raise across-the-board retroactive to the first pay -period in August for a one-year contract; he said the Association would accept that. Stan Thomas, President of the Morro Bay Firefighters, spoke in favor a granting retroactivity to the MBPOA due to the extenuat- ing circumstances involving the PERS actuarial study. He also stated the 2% at 50 will the the Firefighters number one priority when they enter into negotiations with the City next year. Ross Blakely admonished the Council to balance protection of the people's interests with the Peace Officers Association's. He noted the MBPOA's political activity during the last election. Mayor Reddell closed the hearing to the public. MOTION: Councilmember Donnelly moved the meeting adjourn to Closed Session at the conclusion of the meeting to in- struct the City's negotiating team. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) B-2 ORDINANCE NO.309 REGULATING USE OF SKATEBOARDS UPON CERTAIN PUBLIC RIGHTS-OF-WAY_AND PROPERTIES (FIRST READING) Mr. Henderson stated staff has prepared an ordinance as requested by Council to regulate the use of skateboards due to the in- creased activity of this sport and the exposure to liability on the part of the City. He stated the ordinance was modeled after other cities' ordinances on the same subject. It was noted after the ordinance is adopted, specific areas prohibiting skateboard- ing will be designated by Resolution. MINUTES - MORRO Bt_ ;ITY COUNCIL REGULAR MEETING - SEPTEMBER 28, 1987 PAGE 5 Councilmember Lemons questioned how individuals would know where it is prohibited to skateboard? Ms. Skousen stated the City would provide signage. Councilmember Lemons asked if the City would be liable if someone was injured where there is no signage. Ms. Skousen stated the City would have no more liability than it has presently. Councilmember Lemons asked how the information Council has adopted this ordinance would get to the children. Mr. Napper stated there could be an education process through the Recreation and Parks Department, Campus Resource Officer, and Neighborhood Watch group. Mr. Napper noted the CCCJPA Insurance Fund has informed the City we must self -insure if we are thinking to install a municipal skateboard ramp; the City cannot buy carrier liability insurance for such a high -risk activity. Mayor Reddell opened the hearing to the public for comments. Russell Vreeland, 224 Main Street, was concerned the ordinance was not publicized enough to allow children and interested par- ents to get involved in commenting on it. He believed it impor- tant to receive input from the children, and for a safe place to be found for them to skateboard. The hearing was closed to the public. MOTION: Councilmember Sheetz moved this matter be referred to the Recreation and Parks Commission for public input by interested children and parents, and for the Commission to forward a recommendation to Council. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) B-3 ORDINANCE NO.311 REVISING MUNICIPAL CODE PROVISIONS FOR ZONING AND COD_E_ ENFORCEMENT, AND ASSOCIATED VIOLATION PENAL- TIES (FIRST READING Judy Skousen reviewed the proposed ordinance which corrects many inconsistencies and conflicting procedures in the current code. She said the ordinance reorganizes and clarifies old code sec- tions. Also included in the ordinance is the definition of a Code Enforcement Officer responsible for enforcing all of the Code and giving that individual the authority to write citations for violations. Another addition to the Code is specifying many violations infractions, or misdemeanor/infractions, which saves the City the cost of providing the defendant with a jury trial and a public defender. Penalties have also been increased to be consistent with the Penal Code. Mayor Reddell opened the hearing to the public; there were no comments and the hearing was closed to the public. Councilmember Lemons asked several questions to which Ms. Skousen responded. There was considerable discussion regarding the defi- MINUTES - MORRO BA_ .ITY COUNCIL REGULAR MEETING - SEPTEMBER 28, 1987 PAGE 6 nition of public nuisance. Ms. Skousen explained it is impossi- ble to write a definition of public nuisance that is so precise it covers every situation; some latitude must be left to the "common sense" of the Code Enforcement Officer. She noted none of the definitions have been changed from what is presently in the Code. There was discussion regarding the change of the Building Offi- cial from Chief Building Inspector to the Community Development Director. Ms. Skousen explained the Community Development Direc- tor is the supervisor of the Building Department and of the Chief Building Official. Upon questioning regarding the Code Enforcement Officer's cita- tion authority, Mr. Napper stated the City would proceed along current procedures to eliminate the violations before a citation is issued. The Code Enforcement Officer will not issue a cita- tion without first consulting with the City Administrator or City Attorney. MOTION: Councilmember Sheetz moved Ordinance No. 311 be read by title and number only. The motion died for lack of a second. Councilmember Odell asked if this ordinance is basically what is in effect now, and Mr. Napper said yes. He also asked if there have been any abuses; Mr. Napper stated no, there are enough checks and balances to prevent abuses by public employees. MOTION: Councilmember Sheetz moved Ordinance No. 311 be read by title and number only. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0). Mr. Napper read Ordinance No. 311 by title and number only. MOTION: Councilmember Sheetz moved for approval of Ordinance No. 311 as first reading. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0). B-4 ORDINANCE NO. 307 AMENDING SECTION 17.49.070 OF THE MORRO BAY MUNICIPAL CODE REGARDING CONDOMINIUM CONVERSION PROJECTS (FIRST RET-D-ING) - Mr. Farrel reviewed this item noting prior Council concerns re- garding an ordinance previously drafted by staff restricting condominium conversions. Mr. Farrel reviewed a staff analysis of vacancy rates, and provided options for Council consideration. The recommendation is to retain a 5% vacancy factor as the level below which a housing shortage will exist; the cap on approval condo conversions be at one-half the average number of apartment units completed during the preceding 5 years; and require the va- cancy survey be prepared by a qualified outside consultant se- lected by the City, and used on a consistent basis, to be paid for by the applicant for condo conversion projects. The current provision to prohibit condo conversions when a housing shortage exists would be retained. MINUTES - MORRO Bi 'ITY COUNCIL REGULAR MEETING - SEPTEMBER 28, 1987 PAGE 7 Mayor Reddell opened the hearing to the public; there were no comments and the hearing was closed. MOTION: Councilmember Lemons moved Ordinance No. 307 be read by title and number only. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) Mr. Napper read Ordinance No. 307 by title and number only. MOTION: Councilmember Odell moved for approval of first reading of Ordinance No. 307. The motion was seconded by Coun- cilmember Lemons and unanimously carried. (5-0) B-5 ORDINANCE NO. 308 MODIFYING THE STATE SPEED LIMIT ON -CERTAIN CITY STREETS OR PORTIONS THEREOF (FIRST READING) Bill Boucher, Associate Civil Engineer, reviewed the recent speed survey just completed by the City, and the proposal to increase the speed limit on Main Street between Marina and Olive Streets from 25 miles per hour to 30 miles per hour. There are several streets the City has designated speed limitsother than the prima facie speed limit of 25 miles per hour established by the Cali- fornia Vehicle Code. In order to retain and/or change these speed limits, an engineering and traffic study must be conducted every 5 years to justify the speed limits established by the City. The Street Advisory Committee and the Police Department have reviewed this study, and recommend concurrence in the findings. The Street Advisory Committee also recommended on -street parking be prohibited on the east side of Main Street between Highway 41 and Errol Street, and that the length of the right -turn lane on northbound Main Street be increased. Mayor Reddell opened the hearing to the public for comments. Jane Bailey stated speeding on Piney Way is common, however, she hesitates to complain for fear the speed limit will be increased due to prevailing speeds. The hearing was closed to the public. MOTION: Councilmember Lemons moved Ordinance No. 308 be read by title and number only. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) Mr. Napper read Ordinance No. 208 by title and number only. MOTION: Councilmember Odell moved for approval of the first reading of Ordinance No. 308. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) MINUTES - MORRO BA. 21TY COUNCIL REGULAR MEETING - SEPTEMBER 28, 1987 PAGE 8 B-6 PUBLIC HEARING ON CONVENIENCE OF PUBLIC TRANSPORTATION LICENSE FOR LIMOUSINE SERVICE (FLEMING/LAMBERT( APPLICANTS) Police Chief Dave Howell stated the Police Department has con- ducted a background investigation which the applicants have pre- liminarily passed. He recommended they be granted the permit to operate a limousine service provided they: 1) obtain a City business license; 2) obtain adequate off-street parking/storage for the limousine; and 3) provide proof of necessary insurance to the City. Mayor Reddell opened the hearing to the public; there were no comments and the hearing was closed. Mayor Reddell questioned the $10 pick-up charge proposed, and ap- plicant Jeanne Lambert explained. Mayor Reddell commented this $10.00 fee could be cheaper than the existing taxi service. MOTION: Councilmember Donnelly moved for adoption of Resolution No. 113-87. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) B-7 CONSIDERATION OF 30-YEAR CITY MASTER LEASE FOR WATERFRONT SITE 51 51W (ASSOCIATED PACIFIC CONSTRUCTORS, INC.) Alan Davis reviewed the history on this site which includes Mr. Whibley's purchase of the lease once held by Mrs. Batteiger. The City's temporary lease has been extended several times during which negotiations over a new City master lease with Mr. Whibley have occurred. In the lease before the Council, Mr. Whibley agrees with every provision except for the buy-back of the build- ing structures from the City. Mr. Davis detailed the City's po- sition on this issue, since the City has legal right and title tc the structures. Mayor Reddell opened the hearing to the public. Reg Whibley, 595 Napa, stated he disagreed with the concept of buying back the buildings on lease sites in principle. He stated if he had been able to make his investment in a more timely fash- ion he would be requesting a reassignment rather than a new lease, and he blamed the City for these setbacks. He emphasized his plans for improvement were water oriented, and he should be encouraged in this type of development. Alan Davis stated the lease improvements on these sites belong to the people of the State of California; the City administers the property in trust for the State. Councilmember Sheetz asked what liability the City would have if it ignored the provision requir- ing a buy-back. Mr. Davis stated it would be a gift of public funds and a violation of the Tidelands trust. There was considerable discussion regarding this subject, with Judy Skousen explaining the differences between old County leases and the new City lease. It was noted Mr. Whibley's interim lease expires September 30, 1987. MINUTES - MORRO Bk �'ITY COUNCIL REGULAR MEETING - SEPTEMBER 28, 1987 PAGE 9 Councilmember Lemons stated he was uncomfortable doing anything other than what is recommended this evening; however, he wondered if it is possible to change things at a later date. Ms. Skousen stated there is nothing to prevent 2 parties from entering into another agreement if both parties agree. Councilmember Lemons suggested a position paper be prepared to find out if there is different way to handle this matter and still comply with the law regarding the buy-back provision. Ms. Skousen stated generally when a lease expires it is put out to bid and then there is no question what the value is; it be- comes the highest bid. In this case, the City is giving the pre- sent Tenant privileged status by not placing the lease to bid. Ms. Skousen stated discussions have reached the point of negoti- ating publicly, and she suggested Council continue discussion of this matter in Closed Session. Ray Biering, representing the Waterfront Leaseholders Associa- tion, stated the buy-back provision of the City lease is unfair. He believed the issue is more complex than can be discussed in public and suggested the best way to resolve the issue is through legal memos submitted to the City Council. Mr. Whibley favored continuing with a temporary lease rather than amending a new lease later. Nancy Bast pointed out the City has had its hands tied with 50- year leases on some of the sites; the City is charged with maxi- mizing the use of the land and finally has the opportunity to run the leases in a business -like manner. Al Hall, Whale's Tail lease site, favored obtaining a legal posi- tion paper on the issue and would welcome the opportunity to look at a new lease. Mayor Reddell closed the hearing to the public. MOTION: Councilmember Odell moved the matter be continued to Closed Session for discussion. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) B-8 CONTINUED HEARING ON CHAPTER E (PARKING) OF THE PROPOSED CIRCULATION ELEMENT REVISION (1-HOUR DISCUSSION TIME LIMIT) Due to the lateness of the hour, Council decided to continue the hearing on this item to October 12th. MOTION: Councilmember Sheetz moved this item be continued to the next meeting; Council dispense with Item B-9; and continue the rest of the agenda items to the next meet- ing. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) MINUTES - MORRO BA, >ITY COUNCIL REGULAR MEETING - SEPTEMBER 28, 1987 PAGE 10 B-9 PUBLIC HEARING SIONS OF TITLE CERNING SUBDI PROCEDURES s ON ORDINANCE NO. 310 AMENDING CERTAIN PROVI- G7iiMYSIVA IMaCal AW THE MUNICIPAL CODE UuN- ISION REVIEW BOARD AND SUBDIVISION MAP Judy Skousen explained the proposed ordinance clears up ambigui- ties and inconsistencies in the current ordinance along with up- dating it in accordance with the State Subdivisions Map Act. One other change involves eliminating a Planning Commissioner from the Subdivision Review Board. This avoids the conflict of a Planning Commissioner making recommendations to himself or having decisions he participated in appealed to him. Councilmembers discussed the amendments with Councilmember Odell suggesting a member -at -large be appointed; he believed another viewpoint than staff's needed to be part of the Subdivision Re- view Board. Mr. Farrel explained the Subdivision Review Board is essentially a technical body; the more innovative approaches to an application appear when the matter comes before the Planning Commission. Mayor Reddell opened the hearing to the public for comments; there were no comments and the hearing was closed. MOTION: Councilmember Lemons moved Ordinance No. 310 be read by title and number only. The motion was seconded by Councilmember Donnelly and unanimously carried. (5-0) Mr. Napper read Ordinance No. 310 by title and number only. MOTION: Councilmember Lemons moved for approval of the first reading of Ordinance No. 310. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) MOTION: Councilmember Sheetz moved the meeting adjourn to Closed Session. The motion died for lack of a second. Council discussed whether or not to continue with the agenda items or defer them to another meeting. MOTION: Councilmember Lemons moved Council continue with the Unfinished Business portion of the agenda. The motion was seconded by Councilmember Donnelly and carried with Councilmember Sheetz voting no. (4-1) C. UNFINISHED BUSINESS C-1 SUBMITTAL OF ADDITIONAL INFORMATION ON CASE NO. LUP 01-87, CITY -INITIATED LOCAL COASTAL PROGRAM LAND USE AMENDMENT (AKA WILLIAMS BROTHERS INITIATIVE) Mr. Farrel reviewed the update on the City's LCP amendment re- quest for the Williams Brothers' property area. The request was initially forwarded to the Coastal Commission in April 1987, and MINUTES - MORRO BA_ 'ITY COUNCIL REGULAR MEETING - SEPTEMBER 28, 1987 PAGE 11 the City received a notification from the Commission requesting additional information. The report is information only for Coun- cil; no action is required. Mr. Napper suggested Council should, however, receive and accept the report as the City's response to the Coastal Commission's request for supplemental information. Councilmember Sheetz asked several questions to which Mr. Farrel responded. Councilmember Odell suggested a change to page 11 at tI-e top of the page; the sentence should read, "In short, there appear to be few or no options in commodate a FRas4:�e;ic*shoppin center een proposed within the City'r�Also, on page 12, the last sen- tence of the second paragraph, add "and demand" after the word "needs. terms of available land to ac- of the size and type that has Mr. Napper requested a change on the first page of the staff re- port under, "The attached materials include:", delete the word "rejection" in the second item. MOTION: Councilmember Odell moved Council accept the staff re- port as amended as the City's response to the Coastal Commission's request for supplemental information con- cerning Case No. LUP 01-87. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) �� REPORT ON DOWNTOWN PARKING ENFORCEMENT PILOT PROGRAM Chief Dave Howell reviewed the downtown parking enforcement pilot program held from August 3rd to September 4th using volunteer Po- lice Department Explorers. He stated they initially spent time meeting with merchants and explaining the program. Sixteen warn- ings were given and 6 citations issued. He stated there is not a consistent or large enough parking prob- lem to warrant continuance of the program; however, he recom- mended the Police Department continue to address individual com- plaints as received from merchants. MOTION: Councilmember Lemons moved Council receive the report for file and commend the Police Explorers for their ef- forts and positive public relations. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) C-3 APPOINTMENT OR SET DATE TO INTERVIEW APPLICANTS TO WATER AD- VISORY BOARD Mr. Henderson noted 3 applications have been received for the Water Advisory Board vacancy. He said staff is currently re- cruiting for vacancies on the TV Franchise and Services Board, and Street Advisory Committee. He recommended Council either se- lect one of the Water Board applicants this evening, or set a date to interview applicants for all board vacancies at the next Council meeting. The final date for applications on the TV Board and Street Committee is October 9th. *major (corrected 10-12-87) MINUTES - MORRO BAD ITY COUNCIL REGULAR MEETING - SEPTEMBER 28, 1987 PAGE 12 Councilmember Sheetz asked if there has also been a resignation on the Harbor Advisory Board; Alan Davis said Eric Barnham had just resigned. Mr. Barnham was appointed by Council, but is one of the applicants suggested by Supervisor Coy to represent the Los Osos area. MOTION: Councilmember Sheetz moved Council interview all appli- cants and refer the matter to staff to poll Councilmem- bers for an appropriate date to interview following the October 12th meeting. The motion was seconded by Coun- cilmember Donnelly and unanimously carried. (5-0) Council discussed disposition of the remaining agenda items. MOTION: Mayor Reddell moved item D-1 be deferred to the October 12th meeting; and items D-2 and D-3 be considered at an adjourned meeting to be held Wednesday, September 30, 1987, at 6:00 p.m. in the City Hall Conference Room. The motion was seconded by Councilmember Donnelly and unanimously carried. (5-0) D. NEW BUSINESS D-1 LEGAL OPINION REGARDING A POTENTIAL MANDATORY WATER RETROFIT PROGRAM Deferred to October 12, 1987. D-2 APPROPRIATION OF PARK IN -LIEU FUNDS FOR IMPROVEMENTS AT DEL MAR PARK Council deferred consideration of this item to an adjourned meet- ing September 30th. D-3 CITY POSITION ON LEAGUE OF CALIFORNIA CITIES RESOLUTIONS FOR ANNUAL CONFERENCE BUSINESS SESSION Council deferred this matter to an adjourned regular meeting September 30th. E. CLOSED SESSION MOTION: Councilmember Sheetz moved the meeting adjourn to Closed Session. The motion was seconded by Councilmem- ber Odell and unanimously carried. (5-0) Mayor Reddell announced Council is adjourning to Closed Session to consider the following: 1. Labor Relations in accordance with Government Code Sec- tion 54957.6(a); 2. Pending litigation in accordance with Government Code Section 54956.9(a) in the matter of Cabrillo vs. City of Morro Bay, and an item the disclosure of which may jeopardize settle- ment capabilities; and 3. Real property negotiations in accordance with Govern- ment Code Section 54956.8 regarding Lease Site 51/51W. MINUTES - MORRO BA)_ ;ITY COUNCIL REGULAR MEETING - SEPTEMBER 28, 1987 PAGE 13 The meeting adjourned to Closed Session at 10:18 p.m. and re- turned to regular session at 1:24 a.m. MOTION: Councilmember Sheetz moved the meeting adjourn to Wednesday, September 30, 1987, at 6:00 p.m. in the City Hall Conference Room to consider items D-2 and D-3 from tonight's agenda. The motion was seconded by Coun- cilmember Donnelly and unanimously carried. (5-0) The meeting adjourned at 1:24 a.m. Recorded by: x ARDITH DAVIS City Clerk