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HomeMy WebLinkAboutCC_1987-10-26 Regular Meeting MinutesREGULAR MEETING - OCTOBER 26, 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 City business matters (other than Public Hearing items under Section B) may do so by standing. When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments should normally be limited to three minutes. DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council to discuss, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF OCTOBER 12,, 1987, AND THE SPECIAL MEETING OF OCTOBER 21, 1987 A-2 EXPENDITURE REPORT - SEPTEMBER 1987 A-3 STATEMENT OF INVESTMENTS - SEPTEMBER 1987 A-4 RESOLUTION NO. 114-87 RATIFYING ONE-YEAR MEMORANDUM OF UNDERSTANDING WITH MORRO BAY PEACE OFFICERS ASSOCIATION A-5 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (KING) A-6 SET DATE (9 NOVEMBER 1987) FOR APPEAL HEARING ON CDP80-87R FOR IMPROVEMENTS AT DEL MAR PARK A-7 REJECTION OF ALL BIDS ON BID PW87-05; LANDSCAPING AT WASTEWATER TREATMENT PLANT A-8 AWARD OF CONTRACT FOR BID PW87-04; STREET CHIP SEAL PROJECT A-9 NOTICE OF COMPLETION ON PROJECT PW87-01; ANNUAL STREET STRIPING A-10 NOTICE OF COMPLETION ON PROJECT PW87-03; STREET OVERLAY PROJECT (PULLED) A-11 APPROVAL OF TRACT MAP 1288; SOUTHEAST CORNER YERBA BUENA AND MAIN STREET (J. MACHOCK; APPLICANT); RESOLUTION NO. 115-87 ACCEPTING OFFER OF DEDICATION FOR EASEMENT (over) A-12 APPROVAL OF BAIL SCHEDULE FOR CODE VIOLATIONS A-13 DENIAL OF APPLICATION TO PRESENT LATE CLAIM (VOLKSWAGEN OF AMERICA) B. PUBLIC HEARINGS,_REPORTS & APPEARANCES B-1 PRESENTATION BY STATE PARKS AND RECREATION DEPARTMENT CONCERNING PROPOSED MASTER PLAN FOR STATE PARK UNITS IN MORRO BAY B-2 PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION APPROVAL OF CDP73-87R (MIMOSA STREET IMPROVEMENT PLAN) B-3 REPORT ON PRELIMINARY IMPROVEMENT PLANS FOR CITIZENS -INITIATED MIMOSA STREET ASSESSMENT DISTRICT B-4 REQUEST BY BLUE HERON TERRACE TENANTS' ASSOCIATION FOR TRAFFIC SAFETY AT THEIR MOBILEHOME PARK ENTRANCE (SOUTH BAY BLVD.) B-5 REPORT ON PROPOSED SPECIFICATIONS AND JOINT FUNDING FOR LAUREL AVENUE SLIDE REPAIR/STABILIZATION PROJECT B-6 PUBLIC HEARING ON CHAPTER F AND G (HARBOR; TRANSIT) OF THE PROPOSED CIRCULATION ELEMENT REVISION (1-HOUR DISCUSSION TIME LIMIT) C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 313 AMENDING CITY UTILITY BILLING PROCEDURES (SECOND READING AND ADOPTION) C-2 DISCUSSION OF POSSIBLE RESCISSION TO JULY 1987 10% WATER RATE INCREASE D. NEW BUSINESS D-1 LEGAL OPINION REGARDING POTENTIAL MANDATORY WATER RETROFIT PROGRAM D-2 CONSIDERATION OF ESTABLISHING A BLUE-RIBBON CITIZENS ADVISORY COMMITTEE TO FURTHER ASSIST PLAN OF STUDY UNDER INTERIM ORDINANCES 301 AND 304 (VRM AND ADJOINING PROPERTIES) E. CLOSED SESSION E-1 GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION (KEYOTO-NATALIE V. CITY OF MORRO BAY 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 - OCTOBER 26, 1987 VETERANS MEMORIAL HALL - 6:00 P.M. The meeting was called to order by Mayor Reddell at 6:00 p.m. PRESENT: Dale Reddell Paul Donnelly John Lemons Jeff Odell Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Judy Skousen Bill Boucher Louise Burt Bill Farrel Forrest Henderson Nick Nichols Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Assoc. Civil Engineer Finance Director Community Dev. Dir. Asst. to City Admin. Public Works Director City Clerk Reverend Jim McCalip of the First Baptist Church gave the invoca- tion, and Mayor Reddell led the Pledge of Allegiance. PUBLIC COMMENT None. DECLARATION OF FUTURE AGENDA ITEMS 1. Councilmember Lemons stated recent State law requires the City to inspect all buildings to determine if they comply with seismic safety requirements. He would like to have a status of the State mandated program at the present time, and also sug- gestions to defray costs for the survey. Mr. Napper indicated staff is aware of the State law and will provide the report. 2. Councilmember Odell requested a joint meeting with the Harbor Advisory Board be scheduled in the near future to discuss items of mutual interest. He requested staff poll Councilmembers for agenda items and an appropriate date to hold the meeting. There was discussion relative to holding joint meetings with all commissions and advisory boards; Mayor Reddell favored an evalua- tion of the commissions so Council will know how they are per- forming. He believed staff could provide a report letting Coun- cil know how they are operating. 3. Councilmember Sheetz asked about a previous request for a joint meeting- with the Council, Planning Commission and Cal Poly students regarding downtown revitalization plans. Mr. Farrel stated he has been in contact with Mr. McGonagill (professor at Cal Poly) on this matter, but Mr. McGonagill has not provided a date as yet. A. CONSENT CALENDAR A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF OCTOBER 12, 1987, AND THE SPECIAL MEETING OF OCTOBER 21, 1987 Mr. Napper recommended Council approve the minutes as submitted. A-2 EXPENDITURE REPORT - SEPTEMBER 1987 Mr. Napper recommended Council approve the Expenditure Report. A-3 STATEMENT OF INVESTMENTS - SEPTEMBER 1987 Mr. Napper recommended Council accept the Statement of Invest- ments for file. A-4 RESOLUTION NO. 114-87 RATIFYING ONE-YEAR MEMORANDUM OF UNDERSTANDING WITHMORRO BAY PEACE OFFICERS ASSOCIATION Mr. Napper recommended Council adopt Resolution No. 114-87. A-5 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (KING) Mr. Napper recommended Council deny the claim, reject the settle- ment offer of $20,000, and authorize the City Clerk to send the rejection notice. A-6 SET DATE_( 9 NOV_EM_BER_ 1 987) FOR APPEAL HEARING ON CDP80-87R FOR IMPROVEMENTS-AT�DEL MAR PARK Mr. Napper recommended Council set November 9, 1987 to hear the appeal. A-7 _AWARD OF CONTRACT FOR BID PW87-05;_LANDSCAPING AT WASTEWATER TREATMENT PLANT Mr. Napper recommended Council reject all submittals on this bid, and instruct staff to re -advertise. A-8 AWARD OF CONTRACT FOR BID PW87-04; STREET CHIP SEAL PROJECT Mr. Napper recommended Council waive the minor bid irregularity and award the contract to M. J . Hermreck , Inc. in the amount of $48,050. MINUTES - MORRO BAY -ITY COUNCIL REGULAR MEETING - OCTOBER 26, 1987 PAGE 3 Councilmember Donnelly asked several specification questions re- garding this project, to which Mr. Nichols responded. Coun- cilmember Lemons was concerned about waiving the irregularity and the City's liability if the next low bidder decides to sue be- cause of the waiver. Mr. Napper, Mr. Nichols, and Ms. Skousen indicated it is their belief, after review of the facts, the ir- regularity is minor enough to be waived and defended. A-9 NOTICE OF COMPLETION ON PROJECT PW87-01;� ANNUAL STREET STRIPING Mr. Napper recommended Council accept the project as complete, and authorize the City Clerk to sign and file the Notice of Completion. A-10 NOTICE OF C_OMP_LETION ON PROJECT PW87-03; STREET OVERLAY PROJECT T None; item pulled from Agenda. A-11 APPROVAL OF _TRACTMAP 1288; SOUTHEAST CORNER _YERBA BUENA AND MAIN STREET-(J __M_ACHOCK; APPLICA ATION); RESOLUTION NO. 115-87 CCEPTING OFFER OF DEDICATION FOR EASEMENT Mr. Napper recommended Council approve Tract Map 1288 and adopt Resolution No. 115-87. A-12 APPROVAL OF BAIL SCHEDULE FOR CODE VIOLATIONS Mr. Napper recommended Council adopt Resolution No. 116-87. A-13 DENIAL OF APPLICATION TO PRESENT LATE CLAIM- (VOLKSWAGEN OF TM - ERICA) -Mr. Napper recommended Council reject the Application to Present Late Claim, and authorize the City Clerk to send the rejection notice. MOTION: Councilmember Sheetz moved for approval of the Consent Calendar as submitted. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 PRESENTATION BY STATE PARKS AND RECREATION -DEPARTMENT CON- CERNING PROPOSED MASTER PLAN FOR STATE PARK UNITS IN MORRO BAY Mr. Napper introduced Don Hook, Senior Landscape Architect with the California Department of Parks and Recreation, to present their plans for the State Park units in Morro Bay. Mr. Hook stated the State had made every effort to find out what the feeling is in Morro Bay in terms of how residents felt State MINUTES - MORRO BAY _ITY COUNCIL REGULAR MEETING - OCTOBER 26, 1987 PAGE 4 parks should grow in the next 20 years; he noted they are trying to balance the needs for public access and preserving resources. He noted 3 public hearings have been held locally and have been well attended. Mr. Hook introduced Jim Quayle who outlined the proposed plans for the State Parks in Morro Bay. The main parks are the Atas- cadero Beach State Park, and the Morro Bay State Park, but recom- mendations include changes at Morro Rock, Heron Rookery, Museum/ Windcover, Marina/Marsh Frontage, road system through the Morro Bay State Park, and the Cloisters Site in North Morro Bay. He noted their proposal to eliminate one of the roads through the Morro Bay State Park met with strong opposition from local resi- dents, and that proposal has been withdrawn. However, plans are to abandon the lower State road and realign it around the camp- site between the golf course. Their plans include a name change for Atascadero State Beach to Morro Strand State Beach. Councilmember Sheetz asked if the State plans to improve the plumbing in the Marina area; she had received numerous complaints about back-up problems. Mr. Quayle stated he was not aware of the problems, but would look into it; he noted they are proposing a pump -out facility at that location. Councilmember Sheetz asked how the plan would be implemented, and Mr. Quayle stated it will be in phases as funds become available. Their first priority is renovating the Morro Bay State Park campgrounds. Councilmember Lemons commented he did not believe a pedestrian/ vehicle over- or under -cross is needed in the golf course; he said the road through the golf course is not a hazard to golfers, and the cost -benefit is prohibitive. Mayor Reddell opened the hearing to the public for comments. James Lowry, 480 Bonita, stated an improved road through the golf course could increase the speed cars travel on that road. Mayor Reddell closed the hearing to the public. Councilmember Donnelly asked if the road to Black Hill will re- main open. Mr. Quayle said yes, however, it closes at dusk. They also plan some improved trail systems and interpretative displays through the Black Hill area. Mayor Reddell noted he was pleased with the improvements planned for Atascadero State Beach Park. He suggested additional State patrolling be implemented (for loose dogs and litter), and addi- tional parking for day -use of the beach. He also requested State Park officials look into establishing dressing rooms for the peo- ple who use the beach; there is a problem with surfers dressing in the open in front of local residents. MINUTES - MORRO BAY -ITY COUNCIL REGULAR MEETING - OCTOBER 26, 1987 PAGE 5 Council thanked the State Parks people for their presentation and time spent reviewing their plans with Morro Bay. Mr. Napper stated there is no action required of Council at this time; a final draft of their Plan will be submitted sometime in December for official Council review and recommendation to the State Commission. B-2 PUBLIC HEARING ON APPEAL OF _P_LANNING COMMISSION APPROVAL OF CD7P73187R (MIMOSA STREET IMPROVEMENT PLAN) Mr. Farrel stated the Coastal Development Permit was initiated by the City at the inception of the Assessment District to determine if there are any significant environmental matters which need to be addressed. The conditions of the Permit approved by the Plan- ning Commission include archaeological mitigations due to evi- dences of an ancient native American cemetery in the area. No other coastal issues were identified by staff as part of the CDP review. Mr. Price has appealed the Planning Commission's approval of the CDP. It is staff's opinion Mr. Price's opposition to the forma- tion of the Assessment District is not a coastal issue; the issue is whether the CDP should be enacted with conditions appropriate to mitigate environmental concerns. Staff recommends Council deny the appeal. Mayor Reddell opened the hearing to the public for comments. Paul Price, 2045 Ironwood, objected to property owners being in- cluded in the Assessment District whose property did not actually connect to Mimosa Street. He stated he is against the require- ment for curbs, gutters and sidewalks, noting there are no side- walks in North Morro Bay. He is also concerned about the poten- tial disruption of Indian burial grounds in the area. Jamie Karl of Los Osos, and representing the Chumash Indians, discussed indications of an Indian burial ground located in the Mimosa Street area. Mayor Reddell closed the hearing to the public. Councilmember Lemons and Mayor Reddell both noted the CDP contains mitigating provisions for any archaeological values discovered. MOTION: Councilmember Lemons moved the appeal be denied. The motion was seconded by Councilmember Donnelly and unan- imously carried by roll call vote. (5-0) B-3 REPORT ON PRELIMINARY IMPROVEMENT --PLANS FOR CITIZENS -INITI- ATED MIMOSA STREET ASSESSMENT DISTRICT Mr. Nichols stated the preliminary improvements plans for the Mimosa Street Assessment District are presented to Council as a status report only; no action is required of Council. MINUTES - MORRO BAY -iTY COUNCIL REGULAR MEETING - OCTOBER 26, 1987 PAGE 6 Terry Orton of Westland Engineering reviewed the preliminary con- struction drawings for the Assessment District; rough costs are estimated at $125,500. He reviewed a question raised by Mr. Price as to the inclusion of Mr. Atchley's parcel into the As- sessment District; although a portion of the Atchley parcel fronts on Ironwood, there is an existing agreement tied to Atchley's parcel which allows him access to Mimosa, thereby bene- fiting. Mr. Price's question why the Jacobson and Sherman parcels were not included in the District was answered by Mr. Orton stating the properties primary access is on Bayview, and the easements at the rear of the properties do not constitute enough of a benefit to be included in the District. Mr. Orton also reviewed efforts to mitigate impact to potential archaeological sites in the area. He noted the only place where they will be cutting into the soil is where the storm drain crosses the street. There was Council discussion regarding creating a cul-de-sac in the area thereby eliminating a need to connect Hill with Iron- wood. Mr. Orton indicated there is not enough room to provide for a 100 foot cul-de-sac; there is a problem with driveways across the street from where a cul-de-sac could be placed, and the fire and police departments prefer the concept of a through road for safety and emergency access reasons. The process after this meeting is to finalize the plans, adver- tise for bids, calculate parcel assessments and property owner notices. The assessment district plans will then be brought be- fore Council for the formal protest hearing and consideration of establishing an assessment district as requested by the citizens' petition. Council asked various questions to which Mr. Orton responded. Mayor Reddell opened the hearing to the public. Paul Price asked Mr. Orton a number of questions to which Mr. Orton responded. Mr. Price discussed the Atchley parcel stating Mr. Atchley does not have access to the agreement Mr. Orton men- tioned because the property has not been sold. He maintained without Mr. Atchley, there is not 65% of the property owners in favor of the Assessment District. Mr. Price also discussed the potential Indian burial grounds and encouraged Council to show sympathy for this culture. He stated the cul-de-sac wasn't a bad idea if one of the property owners it installed, but he still wasn't gave up their parcel to have sure it was an adequate solution. Mayor Reddell closed the hearing to the public. MINUTES - MORRO BAY -ITY COUNCIL REGULAR MEETING - OCTOBER 26, 1987 PAGE 7 Councilmember Sheetz asked questions relative to Council's dis- cretion in stopping the assessment district. Mr. Nichols stated tonight is a status report only; no action is required of Coun- cil. He noted the State Streets and Highways Code allows a ma- jority of property owners to form an assessment district; Council cannot stop them but facilitates the procedures they must go through in order to form the district. If, after hearing the costs of the District, the property owners still favor formation of an assessment district, Council must allow the District to proceed. Councilmember Odell asked about the requirement that only parcels fronting the street can be part of an assessment district. Mr. Nichols stated the correct terminology would be parcels benefit- ing from the improvements; they do not necessarily have to front on the street. No action was taken by Council. Council recessed from 8:25 p.m. to 8:37 p.m. B-4 REQUEST BY BLUE HERON _TERRACE TENANT'S ASSOCIATION FOR mrzAPVTr RAFRTY AT THEIR MOBILEHOME PARK ENTRANCE (SOUTH BAY BLVD.)--- Mr. Nichols reviewed staff's and the Street Advisory Committee's attempts to solve a traffic safety problem residents of the Blue Heron Terrace Mobile Home Park believe they have in leaving their park and entering South Bay Blvd. They maintain a left turn onto South Bay Blvd. is hazardous due to the speed of the traffic and restricted sight distance of oncoming northbound cars. The Street Advisory Committee believed the safe entrance and ex- its onto public roadways to be the responsibility of the property owner. Attempts to encourage the park owner to take responsibil- ity for this problem have failed, and the park residents are turning to Council for a possible solution. Arthur Gilb, representing the Blue Heron Terrace homeowners, dis- cussed the hazards of trying to turn left on South Bay Blvd. from their park. He noted a number of accidents and near -accidents have occurred at this location. Shirley Riggs, a resident at Blue Heron, discussed the sight visibility hazard caused by the bank just before the park entrance. Alternatively, she suggested stop signs at the entrance to the park, or a sign indicating "stop sign ahead" which could slow traffic enough to allow resi- dents out of the park. A 4-way stop sign should also be placed at the Quintana Road/South Bay Blvd. intersection. Nick Nichols reviewed City -history in setting the speed limit on South Bay Blvd. He indicated it had gone from 40 mph, to 25 mph at the request of the park owner in 1974, and back again to 40 mph in the 1978. The 40 mph is based on a current speed survey which suggests the critical speed travelled on that road is be- MINUTES - MORRO BAY .:ITY COUNCIL REGULAR MEETING - OCTOBER 26, 1987 PAGE 8 tween 42 and 48 mph. If the City ignores a certified speed sur- vey, the courts will not enforce citations. A speed limit set below a speed survey is artificially set and constitutes a speed trap. He also stated if the City installed a stop sign at the Quintana Road/South Bay Blvd. intersection it could subject the City to extreme liability problems; stop signs must be installed in accordance with strict standards and warrants. Councilmember Lemons requested staff determine if the slope of the hillside south of the park entrance is City property or be- longs to the park owner. He believed the City could require the park owner to eliminate the hazard of sight distance. There was also discussion regarding initial permits issued to the mobile - home park and conditions which may have existed at that time; staff was instructed to research retroactive enforcement of per- mit conditions. Council discussed various alternatives to alleviate the situation until a long-term solution can be found, including prohibiting left-hand turns onto South Bay Blvd. from the park. Mr. Nichols noted it is the responsibility of the property owner to make the driveway safe; not the City's responsibility to conform roadways to private driveways. He suggested another alternative which would realign the driveway entrance to cut over to Quintana Road. Residents would then enter South Bay Blvd. from Quintana where the sight distance is better. The question of who pays for the improvements still remains. Earl Night, Blue Heron resident, made some comments regarding the situation and police patrolling. Mayor Reddell closed the hearing to the public. Councilmember Odell suggested temporary signage indicating an ex- tremely dangerous intersection; Mr. Nichols indicated it is a possibility. MOTION: Councilmember Sheetz moved the item be referred to staff to study the suggestions brought up this evening and report back to Council in 4 weeks with sufficient notice to the Blue Heron residents so they can be pre- sent. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) B-5 REPORT ON PROPOSED SPECIFICATIONS AND JOINT FUNDING FOR LAUREL AVENUE SLIDE REPAIRABILIZATION PROJECT Bill Boucher, Associate Civil Engineer, reviewed the damage to the north end of Laurel Avenue which occurred during a landslide as a result of flooding by the 1982-83 winter season. He noted a number of properties were affected causing damage to retaining walls, foundations, utility lines, and street pavement. Tempo- rary repairs were installed, and the City contracted with Staal, Gardner and Dunne for a geotechnical study of the slide to arrive MINUTES - MORRO BAY _iTY COUNCIL REGULAR MEETING - OCTOBER 26, 1987 PAGE 9 at a long-term solution. North Coast Engineering was engaged to prepare construction plans and specifications based on the recom- mendations of the geotechnical study. Mr. Boucher noted property owners have been informed they will be responsible for their share of the costs in attempting to correct the landslide problem on private property. If agreement cannot be reached, an assessment district could be established by Coun- cil. He stated Council allocated $150,000 in May of 1985 towards finding and constructing a solution to the problem. Tom Blake of Staal Gardner and Dunne reviewed the geotechnical investigation explaining the findings and also the number of un- knowns due to lack of historical information. One of his recom- mendation is to install piezometers which will provide data to evaluate steps to be taken to alleviate the landslide problem. He also made recommendations to divert the groundwater and sur- face water before it can soak into the landslide mass; installa- tion of an inclinometer would also help establish the slip of the landslide if there is future movement. John McCarthy, North Coast Engineering, briefly reviewed the con- struction plans to implement the recommendations made by Mr. Blake. Mr. Boucher stated he has made it clear to property owners the City is interested in rectifying the problem, but does not con- sider it a problem confined to City right-of-way. He emphasized the City should not pay for work on private property. He re- viewed a cost -sharing plan indicating estimated costs per prop- erty owner in the range of $5,000. He made recommendations for Council to authorize Stall, Gardner and Dunne to install the piezometers; and for staff to negotiate with the property owners on cost -sharing, rights -of -entry and easements. Mayor Reddell opened the hearing the to the public for comments. Gene Kenner asked numerous technical questions to which Mr. Boucher and Mr. Blake responded. Mr. Kenner did not believe he had a share in solving this problem with his property on Maple Avenue. Mayor Reddell asked if property owners would be allowed to build on their property if the steps recommended were not followed. Mr. Nichols believed property owners would have to build at their own risk exempting the City from any liability. Mary Phillips believed the problem to be the fault of Garing & Taylor, engineers employed by the City at the time the improve- ments in this area were installed. She suggested suing them. MINUTES - MORRO BAY -ITY COUNCIL REGULAR MEETING - OCTOBER 26, 1987 PAGE 10 Jack Inman complained about the lack of action to solve this problem for the last 5 to 6 years. He suggested the problem is water leakage from City water mains, cuts on private property, and bad engineering of the area. David Sosna, representing affected property owners, asked a ques- tion regarding developed property. Randall Harris reviewed in detail the measures he has taken to mitigate the landslide problem on his property. He did not be- lieve he should be required to pay additionally for the solution proposed by the City. Cathy Sherrill requested her driveway be restored so she can get in and out more easily. She also wanted to know if the property owners participate in the costs, who would be liable if the same thing happens again. Mr. Hart commented on the road width and asked if the City could be sure the problem would not happen again. Mary Phillips dis- cussed natural springs which had been filled with cement in the area. Mayor Reddell closed the hearing to the public. Councilmember Odell asked about City liability if repairs are made and the slide happens again. Ms. Skousen stated if the City is acting on the best information available and the geologist has not erred, another slide would be an act of God if it occurred again. Councilmember Lemons stated he is not in favor of expending City funds to correct a problem on private property, and it is obvious the property owners present are not interested in participating in the recommendations financially. He asked what the City s obligation is to restore public improvements if the property own- ers refuse to participate in the overall proposed solution. Ms. Skousen stated she would research the matter and report back. There was discussion regarding repairing the street in accordance with the recommendations without performing the repairs on pri- vate property. Mr. Napper considered that option a "bandaid" ap- proach to the problem, but said staff would investigate and re- port back; the geologist had been instructed to look at the whole problem and make a comprehensive recommendation. He did not see the necessity of spending City monies to install monitoring de- vices if the overall repairs were not going to take place on pri- vate property by the owners. MOTION: Councilmember Lemons moved this matter be referred back to staff for a recommendation as to the amount of re- pair work that can be done on Laurel Avenue without ad- versely affecting the existing situation; and directed all other activity cease in connection with the pro- MINUTES - MORRO BAY ,ITY COUNCIL REGULAR MEETING - OCTOBER 26, 1987 PAGE 11 ject. The motion was seconded by Councilmember Donnelly. Mayor Reddell suggested the property owners on lots 12, 13, and 14 where the actual slide occurred be contacted to examine the drainage on their properties. The motion was unanimously carried. (5-0) Council recessed from 11:02 p.m. to 11:10 p.m. B-6 PUBLIC HEARING- _O_NCHAPTER F AND G (HARBOR; TRANSIT) OF THE PRnPnSED CIRCULATION ELEMENT REVISION _(1`-,HOUR DISCUSSION TIME�LIMIT MOTION: Councilmember Lemons moved items B-6, C-2, D-1, and D-2 be continued to the next regular meeting. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) Mr. Napper noted those items would appear on the November 9th agenda. C. UNFINISHED BUSINESS C-1 _ORDINANCE NO. 313 AMENDING CITY UTILITY BILLING PROCEDURES (SECOND READING AND ADOPTION) Mr. Napper stated this Ordinance will establish monthly utility billing procedures. He noted staff will return with a report in February 1988 regarding this change. MOTION: Councilmember Sheetz moved Ordinance No. 313 be read by title and number only. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) Mr. Napper read Ordinance No. 313 by title and number. MOTION: Councilmember Sheetz moved for approval of the second reading and adoption of Ordinance No. 313. The motion was seconded by Councilmember Donnelly and unanimously carried. (5-0) C-2 DISCUSSION OF POSSIBLE RESCISSION TO JULY 1987 10% WATER RATE INCREASE This item deferred to November 9, 1987. D. NEW BUSINESS D-1 LEGAL OPINION REGARDING POTENTIAL MANDATORY WATER RETROFIT ROGR PAM _�- _ _ Deferred to November 9, 1987. MINUTES - MORRO BAY -ITY COUNCIL REGULAR MEETING - OCTOBER 26, 1987 PAGE 12 D-2 CONSIDERATION_ OF ESTABLISHING A BLUE-RIBBON _C_ITIZENS ADVI- SORY COMMITTEETO FURTHER ASSIST PLAN OF STUDY UNDER INTERIM ORDINANCES 301__AND_304 (VRM AND ADJOINING PROPERTIES) Deferred to November 9, 1987. 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 pending litigation in the matter of Keyoto-Natalie v. City of Morro Bay in accordance with Government Code Section 54956.9(a). The meeting adjourned to Closed Session at 11:13 p.m. and re- turned to regular session at 11:57 p.m. MOTION: Councilmember Odell moved the meeting be adjourned. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0). The meeting adjourned at 11:57 p.m. Recorded by: ARDITH DAVIS City Clerk