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HomeMy WebLinkAboutCC_1987-11-30 Regular Meeting MinutesMORRO BAY CITY COUN.CIL AGENDA REGULAR MEETING - NOVEMBER 23, 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 NOVEMBER 9, 1987 A-2 EXPENDITURE REPORT - OCTOBER 1987 A-3 STATEMENT OF INVESTMENTS - OCTOBER 1987 A-4 APPROVAL OF TRACT MAP 1498 FOR 6-UNIT CONDOMINIUM PROJECT AT MONTEREY AND MARINA (MC LAUGHLIN) A-5 RESOLUTION NO. 125-87 RATIFYING COMPROMISE AND RELEASE SETTLEMENT ON WORKERS COMPENSATION CLAIM BY JAMES MILLER A-6 RESOLUTION NO. 120-87 APPROVING DISABILITY RETIREMENT APPLICATION BY DON PIERCE A-7 PROCLAMATION DECLARING NOVEMBER 30 - DECEMBER 5, 1987 "WINTER STORM PREPAREDNESS WEEK" A-8 PROCLAMATION DECLARING NOVEMBER 22ND - 28TH "1987 CALIFORNIA FAMILY WEEK" A-9 RESOLUTION NO. 124-87 APPROVING PUBLIC AREA USE PERMIT FOR SPECIAL HARBOR USE; LIGHTED BOAT PARADE, DECEMBER 13TH A-10 SET HEARING DATE ON APPEAL OF PLANNING COMMISSION CONDITIONS OF APPROVAL (CUP 41-86, AMENDED); ORVAL LEAGE B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 CONSIDERATION OF MORRO BAY GARBAGE SERVICE RATE INCREASE REQUEST CAUSED BY HIGHER LANDFILL CHARGES ($.50/MONTH RESIDENTIAL; $1.10/MONTH PER YARD PER PICKUP FOR COMMERCIAL) B-2 RESOLUTION NO. 121-87 ORDERING REMOVAL OF NO -PARKING RESTRICTION (RED CURB) AT 1052 MAIN STREET (SUNRISE CENTER) B-3 ORDINANCE NO. 315 IMPLEMENTING A SELF -INSPECTION FIRE PROGRAM FOR COM- MERCIAL ESTABLISHMENTS (FIRST READING) B-4 ORDINANCE NO. 316 IMPLEMENTING DENSITY BONUSES AND OTHER INCENTIVES FOR COMMUNITY HOUSING PROJECTS (CASE NO. LCP/ZOA 08-87) FIRST READING B-5 REPORT ON ALTERNATIVES AND OPTIONS FOR TRAFFIC SAFETY IMPROVEMENTS AT BLUE HERON MOBILEHOME PARK (SOUTH BAY BLVD.) B-6 PRESENTATION OF LOCAL ECONOMIC DEVELOPMENT STUDY BY APPLIED DEVELOP- MENT ECONOMICS C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 314 IMPLEMENTING INTERIM SIDEWALK SALES AND DISPLAYS PILOT PROGRAM (SECOND READING AND ADOPTION) C-2 COUNCIL SELECTION OF MEMBERS TO BLUE-RIBBON COMMITTEE C-3 STATUS REPORT ON CYPRESS TRAILER COURT TENANTS' COMPLAINTS D. NEW BUSINESS D-1 RECOMMENDED ACTIONS FOR WATER CONSERVATION IN SAN LUIS OBISPO COUNTY BY COUNTY WATER ADVISORY BOARD D-2 PROGRESS REPORT ON STATE -MANDATED SEISMIC SAFETY INSPECTION PROGRAM D-3 INFORMATION REPORT ON POSSIBLE EVALUATION OF ADVISORY BOARDS/ COMMISSIONS D-4 RESOLUTION NO. 123-87 SUPPORTING EFFORTS TOWARDS FEDERAL GOVERNMENT IMPROVEMENTS OF MARINER SAFETY AT THE MORRO BAY HARBOR ENTRANCE E. CLOSED SESSION 1. GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION (CITY OF MORRO BAY VS. HITTLE'S LANDING; KEYOTO-NATALIE VS. CITY OF MORRO BAY; AND CABRILLO VS. CITY OF MORRO BAY) _ 2. GOVERNMENT CODE SECTION 54956.9(C); POTENTIAL CITY INITIATED LITIGATION F. ADJOURNMENT ADJOURN TO NOVEMBER 30, 1987 SPECIAL CITY COUNCIL MEETING (6PM): 1. AWARD OF CONTRACT AND FINANCING OF MORRO BAY COMMUNITY CENTER 2. RELEASE OF ANNUAL WATER REPORT 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. -3- MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1987 VETERANS MEMORIAL HALL - 6:00 P.M. The meeting was called to order at 6:05 p.m. by Mayor Reddell. ,PnT.T, rAT,T. PRESENT: Dale Reddell Jeff Odell Rose Marie Sheetz John Lemons ABSENT: Paul Donnelly STAFF: Gary Napper Judy Skousen Bill Boucher Louise Burt Alan Davis Bill Farrel Forrest Henderson Nick Nichols Ardith Davis Horace Strong gave the invocation, Allegiance. PUBLIC COMMENT Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Assoc. Civil Engineer Finance Director Harbor Director Comm. Development Dir. Asst. to City Admin. Public Works Director City Clerk and led the Pledge of 1. Charles Palmer requested permission to speak on items D-1 and D-3 when those items came up on the agenda. He also dis- tributed and reviewed graph information he had developed concern- ing water consumption and conservation. DECLARATION OF FUTURE AGENDA ITEMS 1. Mayor Reddell requested an item be scheduled for the November 30th Council meeting to discuss the Morro Rock Improve- ment Fund and the possibility of allocating those monies to the efforts of the Morro Bay Commercial Fishermen's Organization to improve safety in Morro Bay Harbor. 2. Councilmember Sheetz asked if Council will be holding 2 meetings in December; Mr. Napper stated he planned to schedule 2 meetings because of the work -load, but would try to make the sec- ond meeting a light agenda. Mayor Reddell indicated the Planning Commission should also meet twice in December, and Mr. Napper stated they do have 2 meetings scheduled. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1987 PAGE 2 A. CONSENT CALENDAR A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF NOVEMBER 9, 1987 Mr. Napper recommended Council approve the minutes as submitted. A-2 EXPENDITURE REPORT - OCTOBER 1987 Mr. Napper recommended Council approve the Expenditure Report. A-3 STATEMENT OF_ INVESTMENTS_- OCTOBER 1987 Mr. Napper recommended Council receive the report for file. A-4 APPROVAL OF TRACT MAP 1498 FOR 6-UNIT _CONDOMINIUM PROJECT AT MONTEREY AND MARINA (MC-LAUGHLIN) Mr. Napper recommended Council approve the Final Map for Tract 1498, and authorize the City Clerk to execute and record the Final Tract Map. A-5 RESOLUTION NO. 125-87 _RATIFYING COMPROMISE AND RELEASE SETTLEMENT ON WORKERSCOMPENSATIONCLAIM BY JAMES MILLER Mr. Napper recommended Council adopt Resolution No. 125-87. A-6 RESOLUTION NO. 120-87 APPROVING DISABILITY RETIREMENT APPLI- CATION BY DON Mr. Napper recommended Council adopt Resolution No. 120-87. A-7 PROCLAMATION DECLARING NOVEMBER 30-DECEMBER 5, 1987 "WINTER STORM PREPAREDNESS WEEK" Mr. Napper recommended Council authorize the Mayor to sign the Proclamation. A-8 PROCLAMATION DECLARING NOVEMBER 22-28, 1987 111987 CALIFORNIA FAMILY WEEK" Mr. Napper recommended Council authorize the Mayor to sign the Proclamation. A-9 RESOLUTION NO. 124-87 APPROVING PUBLIC AREA USE PERMIT FOR SPECIAL HARBOR USE; LIGHTED BOAT PARADE Mr. Napper recommended Council adopt Resolution No. 124-87. Mayor Reddell asked questions regarding the total expense of the disability retirements of Miller and Pierce. Mr. Henderson stated disability retirement through PERS is difficult to project total pension payments. The $40,000 on the Miller workers com- MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1987 PAGE 3 pensation settlement closes the case against the City, but does not include attorneys fees and medical paid to date. MOTION: Councilmember Lemons moved for the approval of the Con- sent Calendar. The motion was seconded by Councilmem- ber Sheetz and unanimously carried. (4-0) B. PUBLIC HEARINGS, REPORTS & APPEARANCES CONSIDERATION OF MORR_O BAY GARBAGE SERVICE RATE INCREASE REQUEST CAUSED BY HIGHER LANDFILL CHARGES ($.50/MONTH RESI- DENTIAL; $1.10/MONTH PER YARD PER PICKUP FOR COMMERCIAL) Councilmember Odell stepped down due to a conflict of interest. Mr. Nichols reviewed this matter stating Morro Bay Garbage Ser- vice is requesting a rate increase to residential and commercial service effective January 1, 1988 caused by increases in Los Osos Landfill fees. The Morro Bay Garbage Service increase would re- sult in a $.50/month increase for residential services, and $1.10/month per yard per pickup for commercial. The Refuse Board has reviewed the information to support the in- crease in rates, and recommends Council approval of the request. Mayor Reddell opened the hearing to the public for comments; there were no comments and the hearing was closed. It was noted parallel rate increases for the City of San Luis Obispo and Los Osos have already been approved. Mayor Reddell asked when the Los Osos Landfill will be closed permanently; Mr. Cattaneo, owner of Morro Bay Garbage Service, stated it would be closing November 1988. He said they are cur- rently trying to find locations for transfer stations when it be- comes necessary to use the San Luis Landfill. MOTION: Councilmember Lemons moved for approval of Resolution No. 126-87. The motion was seconded by Councilmember Sheetz and carried with Councilmember Odell abstaining. ( 3-0-1 ) Councilmember Odell returned to his seat. B-2 RESOLUTIONN_O_.121_-87_ ORDER_ING REMOVAL_ OF _NO-P_A_R_KING RESTRICTION _ ( RED CURB ) AT 1 052 _MAIN STREET ( SUNRISE CENTER) Mr. Nichols explained the City has received a request from occu- pants at 1052 Main Street, the Sunrise Center, to eliminate the no -parking zone in front of their development. Mr. Nichols ex- plained the parking prohibition was required during the initial development because the street did not allow enough room for parking and travelling. Since that time, new street striping has MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1987 PAGE 4 realigned road geometry allowing for turn pockets, which makes the red -zone in front of 1052 Main Street no longer necessary. The Street Advisory Committee has reviewed this item and recom- mends elimination of the no -parking area. Mr. Nichols noted Street Advisory Committee concerns regarding sight distance leav- ing the development; but, the property owner and tenants have ac- knowledged it is their problem and not a reason for prohibiting parking in front of the businesses. Mr. Nichols recommended Council adopt Resolution No. 121-87 restoring on -street parking at 1052 Main St. Mayor Reddell opened the hearing to the public for comments. Dick Fisher, representing the Owners Association, encouraged Council to adopt the Resolution. Mayor Reddell closed the hearing to the public. MOTION: Councilmember Odell moved for the adoption of Resolu- tion No. 121-87. The motion was seconded by Coun- cilmember Lemons and unanimously carried. (4-0) B-3 ORDINANCE NO. 315 IMPLEMENTING A _S_ELF-INSPECTION FIRE PRO- GRAM FOR COMMERCIAL ESTABLISHMENTS (FIRST READING) Chief Zerr reviewed the proposed Ordinance which would allow cer- tain business owners to conduct their own fire safety inspec- tions. He noted the time and money to be saved by the City under this program, and stated the Fire Department will continue to in- spect businesses with an occupancy load over 50. He said the program is well received by the business community which has in- dicated a preference for governing itself. Chief Zerr said the Fire Department will spot check to assure compliance and accurate inspections. Mayor Reddell opened the hearing to the public for comments; there were no comments and the hearing was closed. MOTION: Councilmember Sheetz moved Ordinance No. 315 be read by title and number only. The motion was seconded by Councilmember Lemons and unanimously carried. (4-0) Mr. Napper read Ordinance No. 315 by title and number only. MOTION: Councilmember Sheetz moved for approval of the first reading of Ordinance No. 315. The motion was seconded by Councilmember Lemons and unanimously carried. (4-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1987 PAGE 5 B-4 ORDINANCE NO. 316 IMPLEMENTING DENSITY BONUSES AND OTHER _INCENTIVES FOR COMMUNITY HOUSING PROJECTS (CASE NO. LCP/ZOA 08-87) FIRST READING ��- Mr. Farrel reviewed the Ordinance prepared at the request of Council as a result of the affordable housing initiative. He said the Planning Commission recommends approval of an Ordinance which includes density bonuses to encourage affordable housing for all age groups; greater density applications would be for multiple family zoning rather than single family residential. Other bonuses could include possible fee reductions or waiver, flexibility in park dedication fees, and reduced interior side- walk standards. Mr. Farrel said the Ordinance does not include an incentive for mixing commercial uses with affordable housing projects; he sug- gested if Council wishes this included, it be done separately as it would require a change to the Zoning Ordinance, LUP, and General Plan. Councilmember Lemons stated the commercial incentive was not in- cluded in the initiative, but he would like it added to the City's ordinances. He is willing to approve this ordinance as is with instruction to staff to begin the amendment process to allow mixed uses to encourage affordable housing. Mayor Reddell opened the hearing to the public for comments; there were no comments and the hearing was closed. MOTION: Councilmember Sheetz moved Ordinance No. 316 be read by title and number only. The motion was seconded by Councilmember Lemons and unanimously carried. (4-0) Mr. Napper read Ordinance No. 316 by title and number only. MOTION: Councilmember Sheetz moved for approval of the first reading of Ordinance No. 316. The motion was seconded by Councilmember Lemons and unanimously carried. (4-0) MOTION: Councilmember Lemons moved staff be instructed to ini- tiate the process to allow commercial uses as part of an affordable housing project. The motion was seconded by Councilmember Odell and unanimously carried. (4-0) B-5 REPORT ON ALTERNATIVES _AND OPTIONS FOR TRAFFIC SAFETY IMPROVEMENTS AT BLUE HERON MOBILEHOME PARK (SOUTH_BAY BLVD.) Mr. Nichols stated Council had directed staff at their last meet- ing to evaluate various options to provide safe access to and from the Blue Heron Mobilehome Park. He discussed a 4-way stop at Quintana Road and South Bay Blvd., and reasons why this solu- tion will not relieve the problem, and would transfer traffic problems to other areas. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1987 PAGE 6 He also reviewed the sight distance problem with the embankment on the southerly side of the driveway, concerns associated with requiring the property owner to make improvements for enhanced safety of the driveway, installation of "no left turn" signs for entering and leaving the driveway, realignment of the driveway to Quintana Road, creating an assessment district to realign the driveway, and advanced warning signs. Mayor Reddell opened the hearing to the public for comments. Arthur Gilb and Shirley Riggs, residents of the Blue Heron Mo- bilehome Park, urged Council to take immediate short-term action by reducing the speed limit or installing stop signs at the driveway entrance. Darrel Wong, park owner, discussed an alter- nate realignment of the drive which provided for a triangular is- land in the driveway for left and right turns. He stated he is willing to work with the City for a safe solution, but would like to look at other alternatives besides staff's realignment of the driveway to Quintana Road. Councilmember Sheetz asked if Mr. Wong's proposal is feasible; Mr. Nichols stated he did not know, but is willing to look at it. Mayor Reddell asked about County ownership of South Bay Blvd., and whether additional right-of-way could be acquired to widen that road to allow turn pockets. Mr. Nichols indicated right-of- way acquisition is expensive, and the County has no title to this portion of the road. There was considerable discussion regarding this item including whether or not the speed limit could be reduced. Ms. Skousen stated traffic warrants do not support a lower speed limit. If a lower speed limit is posted, it would be considered a speed trap by the Courts and any citations issued thrown out. Mayor Reddell and Councilmember Sheetz were interested in lowering the speed limit even though it might not be enforceable. Councilmember Lemons was not in favor of this and believed it might create a false sense of security for the park residents when in fact traf- fic would continue at the same speed currently travelled on South Bay Blvd. MOTION® Councilmember Sheetz moved this matter be returned to staff to review the options discussed this evening with the property owner. The motion was seconded by Mayor Reddell and unanimously carried. (4-0) Discussion regarding short-term solutions ensued with a recommen- dation to install advance -warning signs. MOTION: Councilmember Sheetz moved staff be instructed to im- plement a program of advance -warning signs to help al- leviate the problem. The motion was seconded by Mayor Reddell and unanimously carried. (4-0) Mr. Nichols indicated signs could be up within 2 to 3 weeks. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1987 PAGE 7 B-6 PRESENTATION OF LOCAL ECONOMIC DEVELOPMENT STUDY BY APPLIED DEVELOPMENT ECONOMICS - Steve Wahlstrom of Applied Development Economics gave a detailed overview of the document, "A Study of Morro Bay's Economic Devel- opment Opportunities" which involves an analysis of Morro Bay's economic base including the tourism, retail trade, motel, commer- cial fishing, manufacturing, P.G.&E. power plant, and small busi- ness industries. He expanded on the affects of tourism, the City's greatest revenue producer, and the potential of the Embar- cadero, which is the hub of the tourism focus in Morro Bay. Mr. Wahlstrom provided a number of recommendations for improving the Morro Bay economy, and noted the constraints on same. One of these constraints is the lack of community agreement about Morro Bay's future; the community is polarized around the issue of growth, and this presents a major barrier to effective land use planning. Councilmember Sheetz stated the report does not address the re- tail problems of merchants on Main Street and Morro Bay Blvd. Mr. Wahlstrom agreed stating these are support areas for resi- dents and visitors here to see the harbor. Mr. Napper stated the study was to analyze the data base of the local economy. That has been accomplished in the study, and the City can go from there to formulate a plan of action. He suggested Council ask questions of the consultant, and then continue the discussion to a joint meeting with the Planning Commission to implement some of the suggestions in the Study. Councilmember Sheetz asked about the California Main Street Pro- gram; Mr. Wahlstrom stated the program provides free professional assistance, and is funded through the State Department of Housing and Community Development to help cities revitalize their "main street" areas. Councilmember Odell expressed concern with the comments regarding "limited" recreational activities; he listed the many natural re- sources in the area which provide recreational opportunities. Mr. Wahlstrom stated that conclusion was reached through inter- views; there is little activity for the youth during evening hours. Mayor Reddell opened the hearing to the public for comments. Hugo Hampp, 1121 Main Street, questioned the impact when a new hotel center is built at Hearst Castle. Mr. Wahlstrom stated he believed that development is a luxury facility rather than the $30-$40 per night motel competing against Morro Bay. Charles Palmer, 485 Estero, challenged the validity of the fig- ures in the study; Mr. Wahlstrom stated they are valid figures, MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1987 PAGE 8 but not updated the figures. The information was gathered in De- cember 1986. Jody Giannini commented on the commercial fishing industry fig- ures and stated 1987 should reflect even stronger business; he suggested the study be discussed during the joint meeting between the Council and Harbor Advisory Board. Bob Finley indicated the report did not provide much retail in- formation; he would like to know how much leakage of retail is occurring to other shopping centers. Mayor Reddell closed the hearing to the public. Councilmember Lemons requested organizations in the City, such as the Chamber of Commerce and Merchants Association, be furnished with copies of the report. Council could then meet with the var- ious organizations and receive input from them on the study. Councilmember Sheetz agreed and suggested a 1/2 day seminar with all organizations invited to attend and provide input. Mayor Reddell requested Mr. Wahlstrom provide the city with in- formation on costs to update the data, include Morro Bay Blvd. and Main St. retail as part of the Study, and a timeframe in which that might be accomplished. MOTION: Councilmember Sheetz moved the various organizations in town be given a copy of the report, and a 1/2 day semi- nar be held sometime in January 1988 to discuss the Study with the organizations. The motion was seconded by Councilmember Odell and unanimously carried. (4-0) Mayor Reddell requested Item D-4 be discussed at this time to al- low those present wishing to comment on this matter to do so be- fore Council dispenses with the other items on the agenda. Coun- cilmembers agreed. Councilmember Odell requested Item C-2 re- garding the Blue -Ribbon Committee be postponed to Monday night so Councilmember Donnelly can be present at the selection of the committee members. Council concurred. MOTION: Councilmember Odell moved Item C-2 regarding the Blue - Ribbon Committee be postponed to November 30th. The motion was seconded by Councilmember Lemons and unani- mously carried. (4-0) D-4 RESOLUTION NO. 123-87 SUPPORTING EFFORTS TOWARDS FEDERAL. GOVERNMENT IMPROVEMENTS OF MARINER SAFETY AT THE MORRO BAY HARBOR ENTRANCE Mr. Napper stated the recent death of a resident commercial fish- erman, Al French, has increased support for Federal Government improvements of the Morro Bay Harbor. The proposed resolution has been prepared by local fishermen and the Harbor Advisory MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1987 PAGE 9 Board, and will spur a grass -roots effort to hasten Federal actions. Councilmember Lemons suggested that instead of petitioning the Corps of Engineers (paragraph 6 of Resolution No. 123-87), the President of the United States and the Congress should be peti- tioned to direct the Corps of Engineers to take corrective ac- tion. Council concurred with this amendment, and added the Board of Supervisors to the list of those to be petitioned for to be support. Councilmember Odell noted funding which might be available through the State Department of Navigation, and indicated he would pursue investigation of the funding. MOTION® Councilmember Odell moved for the adoption of Resolu- tion No. 123-87 as amended. The motion was seconded by Councilmember Lemons. Fred Sears, President of the Morro Bay Commercial Fishermen's Or- ganization, stated the Corps of Engineers does not have a project where the problem is; the problem is at the mouth of the harbor entrance, and it is necessary to get the Corps to extend their project boundary. The motion was unanimously carried. (4-0) Mayor Reddell requested a copy of the Resolution be sent to every city in the County asking for their support, too. Councilmember Sheetz stated she has written to the chairman of the Public Safety Committee of the League of California Cities asking for their resolution of support. Chuck Clarke indicated he had spent 3 terms in the Pentagon, and knows how the legislators operate. Legislative aides will con- tact the Corps, who will reply that studies are being done, and that will be the reply to the City. He encouraged the City to invite appropriate representatives of the Corps to the City so they can see first hand what the problem is. Randy Ruff, 485 Shasta, stated the State of California has a lob- byist office in Washington, D.C.; it might be a good idea to con- tact the Governor's office and get the services of the State lob- byist in Washington to help. Mr. Napper advised he has just dispatched a letter to Colonel Ono of the Corps of Engineers apprising him of the situation and the need for a commitment from the Corps. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1987 PAGE 10 C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 314 IMPLEMENTING INTERIM SIDEWALK SALES AND DISPLAYS PILOT PROGRAM (SECOND READING AND ADOPTION) Mr. Napper noted this ordinance is temporary and permits sidewalk sales and displays in certain downtown areas. He said the ordi- nance expires September 30, 1988; the use of pedestal/A-frame signs can be continued after May 30th upon recommendation of the Review Committee. 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. (3-0-1) Mr. Napper read Ordinance No. 314 by title and number. MOTION: Councilmember Lemons moved for adoption of the second reading of Ordinance No. 314. The motion was seconded by Councilmember Odell and carried with Councilmember Sheetz abstaining. (3-0-1) C-2 COUNCIL SELECTION OF MEMBERS TO BLUE-RIBBON COMMITTEE This item was postponed to November 30, 1987. C-3 STATUS REPORT ON CYPRESS TRAILER COURT TENANTS' COMPLAINTS Bill Farrel reviewed this matter noting tenants' complaints the owner of the Cypress Trailer Park will not allow them to sell their mobile homes with a right to leave them at his park; conse- quently, he then buys their home himself, and rents it. While this is technically a civil matter between the owner and tenants, the City concern is whether a zoning violation is occurring with the property owner slowly converting the mobilehome park use into a transient RV park. Mr. Farrel reviewed the two zones in which the Cypress Trailer Park is located and the restrictions which apply to the uses. A limited RV use has been operating there for several years, and staff has been unable to determine what the pre -incorporation status of the park was; this makes it difficult to ascertain if there is a zoning violation. Staff will continue to monitor the situation and recommends Council take no action at this time. Hugo Hampp, owner of the park, was present but had no comments. Mr. Napper stated staff would update Council on this item as more information is obtained. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1987 PAGE 11 D. NEW BUSINESS D-1 RECOMMENDED ACTIONS FOR WATER CONSERVATION IN SAN LUIS OBISPO COUNTY BY COUNTY WATER ADVISORY BOARD Nick Nichols reviewed the County Water Advisory Board sub -commit- tee report on recommended actions on a Master Water Plan Update. He also noted the Morro Bay Water Advisory Board's review of these recommendations. Their recommendations for Council to for- ward to the County Water Advisory Board are: 1) implement a County -wide water conservation program; 2) consider hiring a wa- ter conservation coordinator to establish the program; and 3) es- tablish criteria, guidelines and 1988-89 budget appropriations to implement the program. Councilmember Lemons, Council's delegate to the County Water Ad- visory Board, did not believe the City should participate in the costs of a County Conservation Coordinator. He requested Council authorize him to vote in favor of a resolution which has the same wording as that recommended by the City Water Advisory Board. MOTION: Councilmember Sheetz moved the City's representative to the County Water Advisory Board be instructed to vote in favor of the recommendations as proposed by the City Water Advisory Board. The motion was seconded by Coun- cilmember Odell and unanimously carried. (4-0) D-2 PROGRESS REPORT ON STATE -MANDATED SEISMIC SAFETY INSPECTION PROGRAM _ Bill Farrel reviewed the State's seismic safety regulations with regard to inspection of buildings and how they apply to the City. He suspected there are less than 12 buildings in Morro Bay af- fected by the law, and the City is waiting for the advisory re- port on criteria and procedures for local jurisdictions to be is- sued by the California Seismic Safety Commission. It is antici- pated this report will be received sometime in February 1988. Councilmember Lemons was concerned about complying with the stan- dards, and requested a report in February 1988 as to the status and the City's plans to comply. Mayor Reddell noted for the record Charles Palmer had requested permission to speak on items D-1 and D-3, but was not present at the time those items came before the Council. D-3 INFORMATION REPORT ON POSSIBLE EVALUATION OF ADVISORY BOARDS COMMISSIONS Forrest Henderson stated he has been in contact with the League of California Cities and the City of San Luis Obispo to determine if those agencies have information regarding evaluation of advi- sory commissions and committees. The League has no information; the City of San Luis Obispo has a charter provision (which has MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1987 PAGE 12 never been implemented) for an ad -hoc committee to review stand- ing committees every 5 years for recommendations to the City Council for termination, modification, or continuation of the committee. The City of San Luis Obispo instead plans to hold joint meetings with their various commissions throughout the year. Otherwise, staff was unable to locate a formal evaluation system for Council advisory bodies. Mayor Reddell noted the importance of Council staying in contact with their advisory boards and letting them know what Council ex- pects of them. Councilmember Lemons suggested this subject be made a part of the team -building seminar to be held between Coun- cil and Department Heads sometime in January. Councilmember Sheetz noted a pending Palo Alto lawsuit which could eliminate any purpose to a cable television board. E. CLOSED SESSION Councilmember Lemons requested when Council adjourns this evening they adjourn in memory of Al French who died in the capsizing of the Langosta II on November 9th, and the City Administrator be directed to write a letter to his family advising them of this. He also requested the meeting be adjourned with respect to Lila Keiser for her community involvement over many years. Ms. Keiser was recently moved to a convalescent home in Long Beach to be near her family. He reminded Council of her service as a Coun- cilmember for 2 terms, dedication to recreation in Morro Bay which resulted in naming a park after her, and numerous other ac- tivities which made her a significant part of Morro Bay over the years. MOTION: Councilmember Lemons moved the meeting be adjourned this evening in memory of Al French, and with respect to Lila Keiser. The motion was seconded by Councilmem- ber Odell and unanimously carried. (4-0) MOTION: Councilmember Odell moved the meeting adjourn to Closed Session. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0) Mr. Napper reminded the public Council will be adjourning this evening to Monday, November 30th at 6:00 p.m. in the Veterans Hall to award the contract for the Community Center, and release the Annual Water Report. Mayor Reddell announced the meeting is adjourning to Closed Ses- sion to discuss pending litigation in accordance with Government Code Section 54956.9(a) regarding Cit of Morro Ba vs. Hittle's Landing, Keyoto-Natalie vs. City of Morro Bay; and Cabrillovs. City of Morro Bay; and potential City -initiated litigation in ac- cordance with Government Code Section 54956.9(c). MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1987 PAGE 13 The meeting adjourned to Closed Session at 10:35 p.m. and re- turned to open session at 10:59 p.m. F. ADJOURNMENT MOTION: Councilmember Odell moved the meeting be adjourned to Monday, November 30, 1987 at 6:00 p.m. in the Veterans Hall, and in memory of Al French and with respect to Lila Keiser. The motion was seconded by Councilmember Sheetz and unanimously carried. (4-0) The meeting adjourned at 10:59 p.m. Recorded by: 4%1E�. ARDITH DAVIS City Clerk