Loading...
HomeMy WebLinkAboutCC_1987-11-09 Regular Meeting MinutesREGULAR MEETING - NOVEMBER 9, 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 dis- cuss, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF OCTOBER 26, 1987 A-2 AWARD OF CONTRACT PW87-02; COMMUNICATIONS REPEATER BUILDING A-3 RESOLUTION NO. 117-87 ESTABLISHING AND ADJUSTING U.S. COAST GUARD MOORING FEES FOR FY87-88 A-4 RESOLUTION NO. 118-87 DENYING APPEAL AND UPHOLDING PLANNING COMMISSION APPROVED CDP73-87R (MIMOSA STREET IMPROVEMENT PLAN) A-5 NOTICE OF COMPLETION PW 87-03; STREET OVERLAY PROJECTS (PULLED) A-6 NOTICE OF COMPLETION PW 86-09; STORM DRAIN PROJECTS A-7 RESOLUTION NO. 119-87 MODIFYING AND SETTING FINAL CITY BUDGET FOR FY87-88 A-8 PROCLAMATION DECLARING NOVEMBER, 1987 "HOSPICE MONTH" B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION APPROVAL OF CDP80-87R, DEL MAR PARK IMPROVEMENTS (THOMAS, APPELLANT) 1 B-2 CONSIDERATION OF OPEN SPACE SPECIAL USE PERMIT FOR 1987 CHRISTMAS STREET FAIRE (CHAMBER OF COMMERCE AND MERCHANTS ASSOCIATION, APPLICANTS) B-3 ORDINANCE NO. 314 PERMITTING LIMITED SIDEWALK SALES IN THE CENTRAL BUSINESS DISTRICT (PILOT PROGRAM, FIRST READING) B-4 APPROVAL OF HOUSING COMMITTEE'S SURVEY AND APPROPRIATION OF MONIES FOR PRINTING AND MAILING EXPENSES B-5 PUBLIC HEARING ON CHAPTER F AND G (HARBOR; TRANSIT) OF THE PROPOSED CIRCULATION ELEMENT REVISION (1-HOUR DISCUSSION TIME LIMIT) B-6 REQUEST BY TENANT TO EXTEND CERTAIN PERFORMANCE TIME LINES ON LEASE SITE 93-95W (JIM GEORGE) C. UNFINISHED BUSINESS C-1 DISCUSSION OF POSSIBLE RESCISSION TO JULY 1987 10% WATER RATE INCREASE C-2 LEGAL OPINION REGARDING POTENTIAL MANDATORY WATER RETROFIT PROGRAM C-3 CONSIDERATION OF ESTABLISHING A BLUE-RIBBON CITIZENS ADVISORY COMMIT- TEE TO FURTHER ASSIST PLAN OF STUDY UNDER INTERIM ORDINANCES 301 AND 304 (VRM AND ADJOINING PROPERTIES) C-4 AUTHORIZATION FOR RESTORATION OF PUBLIC IMPROVEMENTS, LAUREL AVENUE D. NEW BUSINESS D-1 ACCEPTANCE OF RESIGNATION FROM WATER ADVISORY BOARD (HANNULA), AND DISPOSITION TO FILL VACANCY E. CLOSED SESSION E-1 GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION, WESTERN OIL AND GAS ASSOCIATION V. CITY OF MORRO BAY E-2 GOVERNMENT CODE SECTION 54956.8, REAL PROPERTY NEGOTIATIONS; LEASE SITE 93-95W 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 - NOVEMBER 9, 1987 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Reddell called the meeting to order at 6:04 p.m. RML CALL PRESENT: Dale Reddell Paul Donnelly John Lemons Jeff Odell Rose Marie Sheetz ABSENT: None STAFF: Gary Napper Judy Skousen Louise Burt Alan Davis Bill Farrel Forrest Henderson Nick Nichols Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Finance Director Harbor Director Community Dev. Dir. Asst. to City Admin. Public Works Director City Clerk Reverend Don Carey of the Presbyterian Church gave the invoca- tion; and Horace Strong led the Pledge of Allegiance. PUBLIC COMMENT None DECLARATION OF FUTURE AGENDA ITEMS 1. Councilmember Sheetz noted there had been a request by one of the Councilmembers to schedule a joint meeting with the Harbor Advisory Board. She suggested the meeting be delayed un- til after the first of the year to combine it with the prepara- tion of the Harbor Master Plan to commence around the same time. If Council meets with the Board at that time, they can provide direction on the Harbor Plan. Council concurred the meeting should be postponed until after the first of the year. 2. Councilmember Lemons requested an item be scheduled on the next agenda to discuss the County Water Advisory Board's rec- ommendations on water conservation to the Board of Supervisors. 3. Councilmember Lemons requested a staff report and sug- gestions about actions the City can take to improve the health of the business community in Morro Bay. In conjunction with that, he asked about an economic study for which the City has con- tracted. Mr. Napper stated the study has been received, and the consultant is scheduled to appear at Council's next meeting to present the study and its recommendations. Mr. Napper suggested MINUTES - MORRO BAY _ATY COUNCIL REGULAR MEETING - NOVEMBER 9, 1987 PAGE 2 the study and its findings will provide the response to the re- quested action. 4. Councilmember Lemons directed staff prepare an ordi- nance which would require incumbent councilmembers to resign their Council seats at time of filing nomination papers for Mayor, if they run for Mayor mid -way through their Council term. 5. Councilmember Lemons referred to a discussion at a Channel Counties Division meeting in Solvang regarding a Council/ Department Head Team -Building Seminar. He asked an agenda item be scheduled to set a date for this seminar, unless that date is set no later than January 1988. 6. Councilmember Odell asked about a previous item re- quested for the agenda regarding a legal interpretation of the Tidelands Act with regard to ownership of buildings on the Embar- cadero. Ms. Skousen stated that item is on her list of priori- ties; however, there have been more pressing items recently sub- mitted by Council. A. CONSENT CALENDAR A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF OCTOBER 26, 1987 _ Mr. Napper recommended Council approve the minutes as submitted. A-2 AWARD OF CONTRACT PW87-02; COMMUNICATIONS REPEATER BUILDING Mr. Napper recommended Council award the contract to Complete De- velopment Services, Inc. of San Luis Obispo in the amount of $11,777.33. A-3 _R_ESO_LUTION NO. 117-87 ESTABLISHING AND ADJUSTING U.S. COAST GUARD MOORING FEES FOR FY87-88 _ Mr. Napper recommended Council adopt Resolution No. 117-87. A-4 RESOLUTION NO. 118-87 DENYING APPEAL AND UPHOLDING PLANNING COMMISSION APPROVED CDP73-87R (MIMOSA STREET IMPROVEMENT PLAN) Mr. Napper recommended Council adopt Resolution No. 118-87. Councilmember Odell asked if this Resolution is forwarded to the Coastal Commission, or remains with the City. Mr. Farrel stated it remains with the City as the permitting agency, but can also be modified by the City if conditions/design warrants. A-5 NOTICE OF COMPLETION PW 87-03;_ STREET OVERLAY PROJECTS ( PULLED) ���� MINUTES - MORRO BAY ITY COUNCIL REGULAR MEETING - NOVEMBER 9, 1987 PAGE 3 A-6 NOTICE OF COMPLETION PW 86-09; STORM DRAIN PROJECTS Mr. Napper recommended Council accept the project as complete, and authorize the City Clerk to sign and record the Notice of Completion. A-7 RESOLUTION_ NO. 119-87 MODIFYING AND SETTING FINAL CITY BUDGET FOR FY87-88 Mr. Napper recommended Council adopt Resolution No. 119-87. A-8 PROCLAMATION DECLARING NOVEMBER, 1987 "HOSPICE MONTH" Mr. Napper recommended Council authorize the Mayor to sign the proclamation. MOTION: Councilmember Lemons moved for approval of the Consent Calendar. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 PUBLIC HEARING ON APPEAL OF PLANNING C_OMMISS_ION APPROVAL OF CDP80-87R, DEL MAR PARK IMPROVEMENTS (THOMAS, APPELLANT�T )_� Mr. Farrel reviewed the proposed improvements of a picnic facil- ity where the BMX track is currently located. He said the plans are in accordance with a City -adopted master plan for Del Mar Park, and the City has received $27,000 in grant monies to fund the improvements. The Coastal Commission approved the Master Park Plan in July 1980. The appellants indicate the BMX track should be retained, and the proposed picnic site is to close to their home. He recommended Council deny the appeal and uphold the Planning Commission's de- termination to grant the permits. Mayor Reddell opened the hearing to the public. William Thomas, appellant, 500 Island Street, noted his property adjoins the park property. He stated the master plan for the park was approved in the 1970's, the City ran out of money to im- plement the plan, and nothing was accomplished for a number of years. The residents believed the park was going to remain as is. He explained he has no objection to the children using the area for a BMX track or to race their radio -controlled cars. His objection is the picnic site which could accommodate 80 people is too near his home and would be very disturbing. He also stated the parking lot cannot handle the increased number of people. Jack Schroeder, 345 Island, distributed and reviewed his written response to the proposed improvements and why Council should dis- approve the permit. He noted the environmentally -sensitive na- MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 9, 1987 PAGE 4 ture of the creek, encouraged passive use of the park, and relo- cation of a picnic site closer to Del Mar School. Mary Phillips voiced some concerns regarding inverse condemnation of church property if the park is expanded because Ironwood Avenue will need to be widened to accommodate increased traffic. Mary Schroeder, Ms. Breal, and Sharon Thomas also spoke in oppo- sition to the picnic area at this location, and noted the detri- mental effects of increased traffic on Island Street if the new picnic area is constructed. Mayor Reddell closed the hearing to the public. Councilmember Sheetz stated the master plan for this area was de- veloped 10 years ago and a lot of things have taken place since then. She said Council should act on what the people want in this case, and refer the matter back to staff to find an alter- nate place for the picnic area, or to design a smaller project. There was considerable discussion regarding relocating the picnic area; Mr. Napper reviewed the probable process to salvage the grant monies specifically obtained and targeted for this project. Councilmember Lemons questioned the radio -controlled car activ- ity, and Mr. Napper stated earlier Council direction had been not to construct the picnic area until an alternate place is found for the radio -controlled cars, which staff intended to do before construction of any improvements. MOTION: Councilmember Sheetz moved staff evaluate an alterna- tive site for the picnic area within Del Mar Park; pre- pare the necessary paperwork to salvage the grant; and review alternative sites for the BMX bikes and radio controlled cars. The motion was seconded by Coun- cilmember Lemons and unanimously carried. (5-0) Councilmember Lemons requested adjacent property owners be noti- fied of future hearing dates on this subject. B-2 CONSIDERATION OF OPEN SPACE SPECIAL USE PERMIT FOR 1987 CHRISTMAS STREET FAIRE (CHAMBER OF COMMERCE AND MERCHANTS ASSOCIATION, APPLICANTS) ��- Mr. Napper stated the Chamber of Commerce and Merchants Associa- tion are hosting the 3rd annual Christmas Street Faire to be held on Sunday, November 29th. It is hoped the Sunday event will avoid conflicts with regular Saturday business which has been a problem in the past. He stated the sponsors of the Faire have requested Morro Bay Boulevard be closed from Shasta to just past Morro Avenue. The City has budgeted approximately $1,000 for City support services for the event. Mayor Reddell opened the hearing to the public for comments. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 9, 1987 PAGE 5 Chris Thompson, Chamber manager, stated the last 2 Faires have been very successful; he said he would answer questions if Coun- cil had any. Gregg Hanson, Video Home Services, stated he is pleased the Faire will be conducted on Sunday only this year. Charles Palmer, 485 Estero, stated some thought should be given to making the Faire a weekly event so the merchants benefit from it. Mayor Reddell closed the hearing to the public. Councilmember Donnelly asked when the chip -seal resurfacing of Morro Bay Blvd. will commence; Mr. Nichols stated the project will commence next week if it doesn't rain. Council instructed the resurfacing not interfere with the Christmas Faire. MOTION: Councilmember Lemons moved for approval of Public Area Use Permit No. 181 as submitted with the conditions presented by staff. The motion was seconded by Coun- cilmember Sheetz and unanimously carried. (5-0) Im ORDINANCE NO. 314 PERMITTING LIMITED SIDEWALK SALES IN THE CENTRAL BUSINESS DISTRICT (PILOT PROGRAMS FIRST READING) Councilmember Sheetz stated she was removing herself from consid- eration of this item on advice of the City Attorney due to a con- flict of interest. Bill Farrel reviewed the proposed ordinance which is based on a model obtained from the City of San Luis Obispo. It has been re- viewed by a committee of downtown merchants and the Planning Com- mission. There is a Planning Commission recommendation to allow A -frame or pedestal type signs, however, staff believes this may hamper enforcement of the City's current sign ordinance which prohibits these types of signs and staff recommends it not be in- cluded in the ordinance. He said the ordinance is proposed as a pilot program, and the ordinance will expire on September 30, 1988. Mr. Farrel also stated the temporary ordinance establishes a Cit- izens Review Committee to review the applications for sidewalk sale, conduct periodic site inspections, and propose suggested modifications to the ordinance prior to its expiration. Councilmember Lemons suggested a provision that sidewalk sale permits only be issued to adjacent merchants. Judy Skousen stated that provision had initially been included in the ordi- nance by Mr. Farrel; however, she believed it could be considered discriminatory since sidewalks are public property. Council could include the phrase in the ordinance and take a chance they won't be sued on the issue. MINUTES - MORRO BAY LITY COUNCIL REGULAR MEETING - NOVEMBER 9, 1987 PAGE 6 Mayor Reddell opened the hearing to the public for comments. Chris Thompson, Chamber manager, stated the Chamber and Merchants are committed to working with the City for a better community and business climate. He said if the sidewalk sales get out of hand, the business people themselves would request the ordinance be rescinded. Councilmember Lemons was concerned merchants might sell things other then those items specifically sold in their store; perhaps items from home which could turn the sidewalk sale into a flea market. Ms. Skousen stated the City cannot tell merchants what to sell; however, she believed the Review Committee could screen the merchandise in review of the program. John Baker, 857 Main St., requested he be allowed to place an A - frame sign in the sidewalk area near the tree in front of his business. He objected to the clearance of 5 feet required from the curb, noting the tree within that area and the enhanced visi- bility his sign would receive if placed closer to the curb. Larry Reeck, Chairman of the Merchants Association, stated the merchants are in favor of the sidewalk sale ordinance. He indi- cated some of the merchants on the side streets are interested in the A -frame type signs since their businesses do not get the vis- ibility of those fronting on Morro Bay Blvd. or Main St. Julie Hanson, Radar Communications and Video Home Services, was opposed to the ordinance and to the Christmas Faire. She be- lieved the sales should be in a vacant lot or the park. Bob Finley, 415 Morro Bay Blvd., encouraged Council to adopt the ordinance on the suggested trial basis, and to keep it simple as initially proposed. Mayor Reddell closed the hearing to the public. There was discussion regarding street vendors using space in front of established businesses. Councilmember Lemons suggested the word "adjacent" be added to the first sentence in paragraph two of the first page of the ordinance; "The Council further finds that carefully controlled and restricted use of the public sidewalks by adjacent merchants...". Councilmember Lemons also favored including the paragraph from the Planning Commission's Resolution No. 63-87 to permit A -frame and pedestal type signage and substitute it for paragraph 3F in the ordinance. There was discussion regarding the requirement for five feet clearance from the curb. Mr. Farrel suggested deleting the words "from the curbing" in 3D; that would leave the requirement for five feet clear of obstruction anywhere in the sidewalk in front of the business. MINUTES - MORRO BAY _'ITY COUNCIL REGULAR MEETING - NOVEMBER 9, 1987 PAGE 7 Mr. Napper and Mr. Farrel advised against allowing the A -frame signage noting the intent of the ordinance is to provide for sidewalk sales, and Council could make later revisions to the sign ordinance if they wish to allow this particular type of signage. Judy Skousen requested an introduction paragraph be included in the ordinance, "The City Council of the City of Morro Bay does ordain as follows:"; and verbiage in the first paragraph under number 3 to include reference to the map, Exhibit A, to make it part of the ordinance. Mr. Napper reviewed the amendments suggested by Council to in- clude the introduction phrase to the ordinance; the words to ef- fect only adjacent store owners may display merchandise in front of their businesses; words will be added to the ordinance to in- clude reference to the map; the requirement for 5 foot clearance will not necessarily be from curb; include the Planning Commis- sion's recommendation to allow A -frame or pedestal type signs to 30 May 1988 with continuance afterwards based upon the Commit- tee's findings; no permit fees will be charged during the pilot period; and street vendors not having a fixed place of business within the special district will not be allowed. MOTION: Councilmember Lemons moved Ordinance No. 314 be amended as outlined by the City Administrator. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) Mayor Reddell opened the hearing to the public to comment on the amended ordinance. Larry Reeck commented the merchants will make this ordinance work and will conform to it. Julie Hanson again spoke in opposition to the closure of streets. Mayor Reddell advised this item did not include street closures; it is an ordinance to allow and regulate sidewalk sales only. Mayor Reddell closed the hearing to the public. MOTION: Councilmember Lemons moved Ordinance No. 314 be read by title and number only. The motion was seconded by Councilmember Odell and carried with Councilmember Sheetz abstaining. (4-0-1) Mr. Napper read Ordinance No. 314 by title and number only. MOTION: Councilmember Donnelly moved for approval of the first reading of Ordinance No. 314 as amended. The motion was seconded by Councilmember Lemons and carried with Councilmember Sheetz abstaining. (4-0-1) Councilmember Sheetz resumed her seat on the Council. MINUTES - MORRO BAD.` ,ITY COUNCIL REGULAR MEETING - NOVEMBER 9, 1987 PAGE 8 B-4 APPROVAL OF HOUSING COMMITTEE'S SURVEY AND APPROPRIATION OF MONIES FOR PRINTING AND MAILING EXPENSES Mr. Farrel reviewed this item initiated at Council direction for staff to assist the Community Housing Ad -Hoc Committee in their survey regarding community housing and needs. The survey has been reviewed by staff with minimal changes. It is estimated the survey can be printed in the Sun -Bulletin and in flyers at an ap- proximate cost of $424.00. This does not include staff time to prepare the survey and compile the results. Mayor Reddell opened the hearing to the public for comments; there were no comments and the hearing was closed. Mayor Reddell requested the first sentence of the questionnaire begin with, "At the request of the City Council,". Councilmember Lemons requested the questions regarding City subsidies be in- cluded in the final survey form; he believed it to be one of the more important questions. He stated the purpose of the survey is to find out if the people want subsidized community housing. Mr. Farrel stated the questions can be included in the survey. Councilmember Sheetz asked the purpose of Question 12 regarding choices between a swimming pool, jacuzzi, satellite tv, etc. She believed these amenities would only increase the cost of "affordable" housing. Mr. Napper indicated staff has some of the same questions; being confused as to what the City is trying to measure by the survey, and what will be accomplished. He does not believe there is the expertise on staff to properly prepare a quantitative scientific survey. Councilmember Sheetz believed approval of this item would be to the benefit of one individual developer, and suggested the devel- oper conduct the survey at his own time and expense. Councilmem- ber Donnelly commented the City only needs to know how much peo- ple are willing to pay for affordable housing. Councilmember Lemons stated City Ordinances and the LCP give pri- ority to affordable housing but the unknown is whether the commu- nity supports the idea. MOTION: Councilmember Lemons moved staff prepare the question- naire to include the questions about subsidies, and distribute as indicated in the report. The motion was seconded by Councilmember Odell and carried with Coun- cilmember Sheetz voting no. (4-1) MINUTES - MORRO BAY I.;"ITY COUNCIL REGULAR MEETING - NOVEMBER 9, 1987 PAGE 9 B-5 PUBLIC HEARING ON CHAPTER F AND G (HARBOR: TRANSIT) OF THE _PROPOSED CIRCULATION ELEMENT REVISION (1-HOUR DISCUSSION TIME LIMIT) Mayor Reddell suggested this item be dropped to the end of the agenda; Council concurred. B-6 REQUEST BY TENANT TO EXTEND CERTAIN PERFORMANCE TIME LINES 5_N_LEASE _SITE 93-95W (JIM GE'ORGE) Judy Skousen outlined the progress on fulfilling the conditions on this lease site set by Council when they assigned it from Mildred Dennis to Mr. and Mrs. George on July 27, 1987. Although the timelines established have not been met, there has been progress and extenuating circumstances for the failure to meet those deadlines. Ms. Skousen outlined the status of the condi- tions and the request by the Georges to extend the deadlines. She noted staff has met with the Georges, their legal counsel, engineer, and architect and recommends the following: The dead- line to open the restaurant be extended to January 5, 1988, with foundations repair work to be completed by December 5, 1987; the deadline to commence construction on the new project be extended from October 30, 1987 to December 15, 1987 on condition the re- quired bonds be posted or paid immediately; and Council provide guidance on the Georges' request to divide the project into two phases and extension of time for engineering plans for revetment, dock, berthing and public access facilities submitted, permits requested, and project completed. Mayor Reddell asked what the effect would be if the City removed the deadlines and required the Georges to pursue the conditions diligently. Ms. Skousen stated the city would lose the leverage they have to require them to perform; especially when the lessee has agreed to those deadlines. Councilmember Odell asked about the 2-phased development request, and Ms. Skousen stated it will delay the public access require- ment, but there is no way of avoiding that at this point. Mayor Reddell opened the hearing to the public for comments. Ray Biering, attorney for Mr. and Mrs. George, stated his clients have proceeded diligently and in good faith toward opening the restaurant and fulfilling City conditions. He said because of the magnitude of the project and the numerous unforeseen problems encountered, they are forced to request extensions to deadlines. He requested Council approve the extension deadlines as outlined by the City Attorney. He stated the engineer and architect of the project are present to answer questions Council may have. Mayor Reddell closed the hearing to the public. MINUTES - MORRO BAY `ITY COUNCIL REGULAR MEETING - NOVEMBER 9, 1987 PAGE 10 MOTION: Councilmember Odell moved Council continue this matter to Closed Session. The motion was seconded by Coun- cilmember Lemons and unanimously carried. (5-0) Council recessed from 8:55 p.m. to 9:11 P.M. C. UNFINISHED BUSINESS C-1 DISCUSSION OF POSSIBLE RESCISSION TO JULY 1987 10% WATER RATE INCREASE Mr. Napper stated this item is agendized at Council request to consider possible rescission of the 10% water rate increased ef- fective July 1, 1987. He reviewed information regarding this in- crease including capital improvement needs of the water supply and distribution system. The $50,000 being generated by the in- crease augments a new water production reserve account for sup- plemental water supplies. He stated the low water user realizes a $.20 increase per month, and the median water user an addi- tional $.65 per month. He recommended Council retain the in- crease noting a gradual increase is easier on the consumer than a large one after several years without an increase. He suggested future increases be adjusted mid -fiscal year, rather than the summer -time which is a high -use season when water users feel the impact of the increase more severely. MOTION: Councilmember Donnelly moved this item be tabled. The motion was seconded by Councilmember Lemons and carried on the following roll call vote: AYES: Donnelly, Lemons, Odell, Reddell NOES: Sheetz C-., LEGAL OPINION REGARDING POTENTIAL MANDATORY WATER RETROFIT PROGRAM Judy Skousen reviewed the questions asked by Council regarding mandatory retrofit. She stated Council may legally retrofit ev- ery structure in Morro Bay with City employees at City expense and then sell the water equivalencies saved to individual builders; the City may require every home in the City to be retrofitted even without the homeowners consent; and the City may force a building to be retrofitted as a condition of sale of that building. She emphasized she is only providing the legal answer to Council questions, and not policy or political aspects of what Council may want to do. She counselled Council to provide ade- quate findings on any mandatory retrofitting if implemented. Councilmembers discussed various aspects of mandatory retrofitting, and indicated they would like recommendations of the Water Advisory Board before taking action. Councilmember Odell did not believe mandatory retrofitting of every house is to requiring reasonable; however, consideration could be given retrofitting upon sale of a house. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 9, 1987 PAGE 11 Councilmember Lemons asked if Council could require ultra -low flow devices on new construction; Ms. Skousen stated Council has that authority and no findings need be established. Mayor Reddell stated he was not in favor of residential mandatory retrofitting; however, consideration could be given to mandatory retrofitting of commercial structures. Councilmember Donnelly suggested the Water Advisory Board look into implementing a pro- gram for mandatory retrofitting in phases, using residential as a last resort. Council concurred the matter be referred to the Water Advisory Board for recommendation along with the Annual Water Report if possible. C _CONSIDERATION OF ESTABLISHING A BLUE-RIBBON CITIZENS ADVI- SORY COMMITTEE TO FURTHER ASSIST PLAN OF STUDY UNDER INTERIM ORDINANCES 301 AND 304 (VRM AND ADJOINING PROPERTIES) Mr. Napper reviewed the Blue Ribbon Committee concept for assist- ing in the development of land use ideas for the properties. The suggestion is for the committee to advise and react to policy suggestions and act as a sounding board for public opinion. Staff suggests the committee consist of 7 members; an Atascadero Beach Tract resident, a North Main Street commercial businessper- son, the principle property owner of Keyoto-Natalie, a local en- vironmental organization representative, and 3 members -at -large. Mayor Reddell stated he had information the individuals previ- ously attending meetings acting as the owners of the property are, in fact, not the owners but paid representatives of the owner. There was discussion as to whether the agents or the own- ers should be on the committee, with Council consensus the deci- sion should to be left to the owners; an invitation to partici- pate would be extended to the principle owner(s). Council decided each Councilmember would bring 6 names to the next meeting and Council would select from those. MOTION: Councilmember Sheetz moved Council establish a 7-member Blue-ribbon Advisory Committee to assist in the Plan of Study under Interim Ordinance No. 301 and 304, the ar- eas of representation as suggested by the City Adminis- trator, and selection of the Committee members be made at the next meeting. The motion was seconded by Coun- cilmember Lemons and unanimously carried. (5-0) C-4 AUTHORIZATION FOR RESTORATION OF PUBLIC IMPROVEMENTS, LAUREL AVENUE Mr. Nichols stated at their last meeting Council heard from con- sultants on recommendations to mitigate the effects of a land- slide on Laurel Avenue. Property owners in attendance expressed MINUTES - MORRO BAYITY COUNCIL REGULAR MEETING - NOVEMBER 9, 1987 PAGE 12 a negative reaction to participating in a joint effort to solve this problem. Council direction at that time was to stop pro- ceedings for a joint project and report back on costs and feasi- bility to repair the Laurel Avenue roadway only. The geotechni- cal consultant believes repairs to the roadway will probably not have a negative impact upon the stability of the landslide, and the City Attorney recommends repair to the Laurel Avenue roadway to its "pre -slide" condition. MOTION: Councilmember Lemons moved staff be authorized to re- pair Laurel Avenue as expeditiously as possible pur- suant to Public Contract Code Section 20161. The mo- tion was seconded by Councilmember Sheetz and unani- mously carried. (5-0) D. NEW BUSINESS D-1 ACCEPTANCE OF RESIGNATION FROM WATER ADVISORY BOARD (HANNULA), AND DISPOSITION TO FILL VACANCY Mr. Henderson noted the recent resignation of Hal Hannula from the Water Advisory Board. He reviewed the expiration of terms on various boards and commissions December 31, 1987. He suggested Council advertise all positions for interviewing in December, and encourage those board members whose terms are expiring to re- apply. MOTION: Councilmember Odell moved staff be instructed to adver- tise all advisory board positions that are currently or will be vacant for appointment, and invite interested citizens and existing Boardmembers to apply for inter- view with the Council in late December 1987; and, the resignation of Mr. Hannula from the Water Advisory Board be accepted. The motion was seconded by Coun- cilmember Donnelly and unanimously carried. (5-0) B-5 PUBLIC HEARING ON CHAPTER F AND G (HARBOR; TRANSIT) OF THE PROPOSED CIRCULATION ELEMENT REVISION (1-HOUR DISCUSSION TIME LIMIT) Councilmember Sheetz suggested a special meeting be set to con- sider only the Traffic Circulation Element. Mr. Napper stated he intended to schedule a final study session on this item at which time staff would provide answers to questions Council has asked during the hearings, and list the changes suggested by Council. Councilmember Lemons requested the Street Advisory Committee sug- gestion number 2 under Chapter H, Pipelines and Utility Transmis- sion Lines, be deleted. Councilmember Lemons also addressed num- ber 5 under the same section regarding maintenance of trenches and suggested permanent resurfacing be required there after a certain period of time. MINUTES - MORRO BAY ITY COUNCIL REGULAR MEETING - NOVEMBER 9, 1987 PAGE 13 Mayor Reddell opened the hearing to the public for comments. Bob Burke of P. G. & E. stated Council is in receipt of written com- ments from P.G. & E; he had no further comments but would answer questions if Council had any. The hearing was closed to the public. There were no other comments, and Mr. Napper indicated staff would compile input from all of the hearings, prepare a final draft to the Element, and poll Council for an acceptable special meeting date. MOTION: Councilmember Odell moved the meeting adjourn to Closed Session. The motion was seconded by Councilmember Sheetz and unanimously carried. (5-0) Mayor Reddell announced Council is adjourning to Closed Session to consider pending litigation in accordance with Government Code Section 54956.9(a) in the matter of Western Oil and Gas Associa- tion v. City of Morro Bay; and real property negotiations in ac- cordance with Government Code Section 54956.8 regarding Lease Site 93-95W. The meeting adjourned to Closed Session at 10:04 p.m. and re- turned to regular session at 10:32 p.m. MOTION: Councilmember Sheetz moved The motion was seconded by unanimously carried. (5-0) The meeting adjourned at 10:32 p.m. Recorded by: ARDITH DAVIS City Clerk the meeting be adjourned. Councilmember Odell and