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HomeMy WebLinkAboutCC_1987-04-13 Regular Meeting MinutesMORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 13, 1987 RECREATION HALL - 7:00 P.M. 1 , 1 ROLL CALL INVOCATION - REVEREND DONALD CAREY, PRESBYTERIAN CHURCH PLEDGE OF ALLEGIANCE PRESENTATION: MOST VALUABLE CITY EMPLOYEE AWARD (JANUARY-MARCH 1987) PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on matters other than scheduled hearing items may do so when recog- nized by the Mayor, by standing and stating their name and address. Com- ments should normally be limited to three minutes. DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council to discuss under New Business, the following actions are approved without discussion. A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF MARCH 23, 1987, AND THE SPECIAL MEETINGS OF MARCH 24, MARCH 26, AND MARCH 30, 1987 A-2 RESOLUTION NO. 43-87 SUPPORTING AB 451 REQUIRING STATE REIMBURSEMENT OF MANDATED COSTS UPON LOCAL GOVERNMENT A-3 NOTICE OF COMPLETION, NUTMEG WATER TANK CONSTRUCTION PROJECT A-4 RESOLUTION NO. 41-87 RE: EASEMENT AGREEMENT PROVIDING ACCESS TO THE NUTMEG WATER TANK A-5 APPROVAL OF MAP FOR TRACT MAP 1367, "VISTA DEL SOL" CONDO SUBDIVISION (SEQUOIA AND MAIN STREET) (PULLED) A-6 GRANT OF STORM DRAIN EASEMENT AS CONDITION OF APPROVAL FOR TRACT 1367 (SEQUOIA AND MAIN STREET) (PULLED) A-7 RESOLUTION NO. 44-87 DECLARING WEEDS A NUISANCE AND FIRE HAZARD AND AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO PROCEED WITH ABATEMENT A-8 DECLARATION OF PROPERTY SURPLUS TO THE CITY'S NEEDS B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 PUBLIC HEARING ON MEASURE B (WILLIAMS PROPERTY) SUBMITTAL TO COASTAL COMMISSION FOR CERTIFICATION B-2 PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION DENIAL OF CUP 44-86, FISH SHANTY RESTAURANT (BUILDING IMPROVEMENTS AT 1245 EMBARCADERO) B-3 REQUEST FOR WAIVER FROM WATER EQUIVALENCY -TRANSFER DEED RESTRICTION (GORDON WOOD) B-4 PUBLIC HEARING ON CONSIDERATION OF POTENTIAL PROJECTS FOR A 1987 COM- MUNITY DEVELOPMENT BLOCK GRANT APPLICATION B-5 CHAMBER OF COMMERCE REQUEST FOR RECONSTITUTION OF CITY COMMUNITY PRO- MOTIONS COMMITTEE B-6 ORDINANCE NO. 303 ALTERING LOCATION, DAY, AND TIME OF CITY COUNCIL REGULAR MEETINGS - FIRST READING C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 302 CHANGING THE NUMBER OF MEMBERS OF THE TV FRANCHISE AND SERVICES BOARD - SECOND READING AND ADOPTION D. NEW BUSINESS D-1 COMMUNITY PROMOTIONS COMMITTEE RECOMMENDATION AND CITY COUNCIL CONSID- ERATION OF ADDITIONAL FISCAL CONTRIBUTION TO SAN LUIS OBISPO COUNTY VISITORS AND CONFERENCE BUREAU D-2 APPOINTMENT OF CITY OFFICIAL TO SAN LUIS OBISPO COUNTY SOLID WASTE MANAGEMENT COMMITTEE E. CLOSED SESSION E-1 GOVERNMENT CODE SECTION 54957 - PERSONNEL E-2 GOVERNMENT CODE SECTION 54957.9(A) - LITIGATION (CABRILLO VS. CITY OF MORRO BAY) F. ADJOURNMENT MINUTES - MORRO REGULAR MEETING RECREATION HALL BAY CITY COUNCIL - APRIL 13, 1987 - 7:00 P.M. Mayor Reddell called the meeting to order at 7:00 p.m. ROLL CALL PRESENT: Dale Reddell John Lemons Jeff Odell Rose Marie Sheetz Jim Miller STAFF: Gary Napper Judy Skousen Bill Farrel Forrest Henderson Dave Howell Ardith Davis Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Community Dev. Dir. Asst. to City Admin. Police Chief Deputy City Clerk Reverend Don Carey of the Presbyterian Church gave the invoca- tion, and Horace Strong led the Pledge of Allegiance. PRESENTATION Mayor Reddell made the "Most Valuable Employee" award to Police Sgt. Dean Hileman for the period January -March, 1987. He re- viewed the accomplishments of this employee including development of a new communications equipment plan, and work as advisor to the Police Department's Explorer Post. It was noted the selec- tion for "Most Valuable Employee" is made by the City's Employee Relations Committee composed of City employees. PUBLIC COMMENT 1. Ross Blakely stated he had addressed the former Council in September 1986 about the subject of establishing a Civilian Review Board for the Police Department. At that time they de- ferred the matter until after the POST study. Since the POST re- port has now been received, Mr. Blakely believes there is even more need for such a Board and requested Council establish one. 2. Norma Wolf, Bolton Drive, discussed the Williams Brothers Shopping Center proposal and objected to plans to make Bolton Drive a major access street to the new Center. Mayor Reddell stated the Williams property rezoning is the City subject f bl'ic hear g MINUTES - MORRO BA CITY COUNCIL REGULAR MEETING - APRIL 13, 1987 PAGE 2 subject contained in the City's draft Traffic Circulation Ele- ment. He also stated as far as he was personally concerned, Bolton Drive as an access road to any shopping center project on the rezoned lands is not an acceptable option. DECLARATION OF FUTURE AGENDA ITEMS 1. Councilmember Miller requested an item to discuss the deed restriction requirements related to water equivalency awards. Mayor Reddell suggested there was an item on tonight's agenda for a specific waiver, and Council could discuss the broader subject at that time. A. CONSENT CALENDAR A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF MARCH 23, 1987, AND T_HE SPECIAL MEETINGS OF MARCH 241 MARCH 26, AND MARCH 30, 1987� Mr. Napper recommended Council approve the minutes as submitted. A-2 RESOLUTION NO. 43-87 SUPPOR_T_I_N_G AB 451 BURSEMENT OF MANDATED COSTS UPON LOCAL IRING STATE REIM- ,-..w wr-wm Mr. Napper recommended Council adopt Resolution No. 43-87. A-3 NOTICE OF COMPLETION, NUTMEG WATER TANK CONSTRUCTION PROJECT Mr. Napper recommended Council accept the completion of the pro- ject, and authorize the City Clerk to sign and record the Notice of Completion. A-4 RESOLUTION NO._41-87 RE: EASEMENT AGREEMENT PROVIDING ACCESS TO THE NUTMEG WATER TANK Mr. Napper recommended Council adopt Resolution No. 41-87 approv- ing the easement agreement and authorize staff to record the easement. A-5 APPROVAL OF MAP FOR TRACT _MAP 1 367 , "VISTA DEL SOL" CONDO SUBDIVISION (SEQUOIA AND MAIN STREET) (PULLED) A-6 _GRANT OF STORM DRAIN EASEMENT AS CONDITION OF APPROVAL FOR TRACT 1367 (SEQUOIA AND MAIN STREET) (PULLED) A-7 1987 WEED ABATEMENT PROGRAM, AUTHORIZATION TO PROCEED Mr. Napper recommended Council adopt Resolution No. 44-87. A-8 DECLARATION OF PROPERTY SURPLUS TO -THE CITY'S NEEDS Mr. Napper recommended Council declare the 1976 Xerox copy ma- chine in the Harbor Department as property surplus to the City's needs. MINUTES - MORRO BA CITY COUNCIL REGULAR MEETING - APRIL 13, 1987 PAGE 3 MOTION: Councilmember Sheetz moved for adoption of the Consent Calendar as recommended. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 PUBLIC HEARING ON MEASURE_B (WILLIAMS PROPERTY) SUBMITTAL TO COASTAL COMMISSION FOR CERTIFICATION Bill Farrel reviewed the background on the initiative petition which amends the City's Local Coastal Plan. Council is required to adopt a Resolution incorporating the initiative rezoning and forward it to the Coastal Commission for certification. He out- lined the amendment process which includes forwarding material contained in a 6-week review package to the Coastal Commission for. their consideration in amending the LCP. The 6-week review period ends on April 13, 1987, and Council is in receipt of a listing of written public comments on the amendment. Mr. Farrel suggested several changes in the materials to be sub- mitted to the Coastal Commission in order to present an accurate and relevant package. He recommended deleting paragraph 3 on page 2, which refers to sales which could be captured with ex- panded shopping facilities; deleting paragraph 2 on page 6, im- plying if the William's property was used for agriculture pur- poses it could limit the City's use of water resources; and para- graph 3 on page 7, alluding to jeopardizing the City's water re- sources if the land was used for agricultural purposes. He rec- ommended Council also eliminate the 2 reports attached to the ma- terials entitled Planning Assistance for Commercial Development in Morro Bay, and Morro Bay Shoers' Survey 1987. He reminded Council they had decided they would not consider mod- ifications to the LUP text other than those necessary to send the amendment to the Coastal Commission. He recommended Council re- ceive public testimony on this subject, but make no responses ex- cept to include the comments in the information sent to the Coastal Commission. Councilmember Sheetz asked if the project requires an EIR; Mr. Farrel stated it does, however, not until an application is re- ceived for the specific project. Additionally, on this Land Use Amendment, the Coastal Commission is technically the lead agency responsible for CEQA requirements. Mayor Reddell opened the hearing to the public for comments. He noted all public comments received by mail and those made this evening would be forwarded to the Coastal Commission. Peter Diffley, 960 Anchor Street, reviewed a letter submitted earlier by the Citizens Action League in opposition of the pro- cess established to amend the LCP. Tim Hixon, 1335 Clarabelle MINUTES - MORRO BA =Y COUNCIL REGULAR MEETING - APRIL 13, 1987 PAGE 4 spoke in opposition to using Bolton Drive as a main access street to the development. Mayor Reddell reiterated the Bolton drive issue is not included in the package of information regarding the Williams property re- zoning to be sent to the Coastal Commission. It is, however, a part of the draft Traffic Circulation Plan, and public comment directed to the Bolton Drive use should be voiced at the time Council considers the Traffic Circulation Plan. James Maul, architect, 3009 Beachcomber, spoke against the pro- posed location of the shopping center recommending all other lo- cations be explored before using this one. Warren Dorn, 212 Beach, spoke in favor of forwarding the matter to the Coastal Commission and criticized the delay in carrying out an adopted people's initiative. Norma Wolf, 1300 Bolton Drive, objected to the project at this location. Jane Bailey, 800 Ridgeway, expressed concern about costs to the taxpayers for public improvements to the project. Jim Rodgers, 145 Dana Way, stated the people have voted in favor of the project, and there should be no discussion as to whether or not to develop a shopping center. Ben Sanders, 2420 Nutmeg, urged the Council to send this matter on to the Coastal Commission. MOTION: Councilmember Miller moved the public hearing be closed and the matter returned to Council. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) Councilmember Miller stated the voters had decided the issue al- ready, and the rezoning initiative should be sent to the Coastal Commission. MOTION: Councilmember Miller moved the matter be sent to the Coastal Commission. Councilmember Lemons asked him to amend the motion to include adoption of Resolution No. 47-87. Councilmember Miller amended his motion to include adoption of Resolution No. 47-87. The motion and amendment was seconded by Councilmember Lemons. Councilmember Odell asked if the deletions suggested by Mr. Farrel should be included. There was discussion with regard to this, with Council wishing to hear from the developers' attorney. MOTION: Councilmember Lemons moved the motion be tabled. The motion was seconded by Councilmember Miller and unani- mously carried. (5-0) MINUTES - MORRO BA_`ITY COUNCIL REGULAR MEETING - APRIL 13, 1987 PAGE 5 Ray Biering, attorney for Williams Brothers, stated the applicant does not believe the deletions will hurt their application, and they have no problem with Mr. Farrel's recommendations. Phillip Bagget, 1360 Bolton, asked questions regarding the pro- cess and the information to be deleted, and Council explained. Councilmember Sheetz asked about legal requirements as cited by Mr. Diffley. Mr. Farrel stated an EIR will need to be prepared on the project, but not before certification of the LUP amendment by the Coastal Commission. MOTION: Councilmember Lemons moved the public hearing be closed. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) MOTION: Councilmember Lemons moved the tabled motion be re- turned. The motion was seconded by Councilmember Miller and unanimously carried. (5-0) Mr. Napper asked Council if it was their intention to adopt the changes recommended by Mr. Farrel; Council indicated it was. The complete motion was reread as follow: Councilmember Miller moved the matter be sent on to the Coastal Commission; adoption of Resolution No. 47-87; and including the following amendments to the Coastal Land Use Plan Amendment Proposal prepared by Raymond Biering, dated February 23, 1987: Deletion of para- graph 3 on page 2; deletion of paragraph 2 on page 6; deletion of paragraph 3 on page 7; and elimination of the 2 reports entitled, Planning Assistance for Commer- cial Devel�ment in Morro Bay, and Morro Bay Shoppers' Survey 1987. The motion was seconded by Councilmember Lemons. The motion carried unanimously by roll call vote. (5-0) B-2 PUBLIC HEARING ON APPEAL OF PLANNING -COMMISSION DENIAL OF CUP 44_-8Tf FISH SHANTY RESTAURANT (BUILDING IMPROVEMENTS AT 1245 EMBARCADERO) Mr. Farrel explained the application is to allow a 416 square foot addition to an existing legal non -conforming use. He re- viewed Council's previous interpretation of Measure D, an initia- tive measure prohibiting expansion in this area. Council had de- termined projects which do not expand the existing use do not vi- olate the provisions of Measure D. Subsequent to that interpre- tation and considering this project, the Planning Commission de- nied the request stating the project constitutes an addition and expansion to the existing building and was inconsistent with the intent of Measure D. MINUTES - MORRO BA. CITY COUNCIL REGULAR MEETING - APRIL 13, 1987 PAGE 6 Council discussed this application noting the expansion is for storage area only, which does not expand the primary restaurant use of the site. Mayor Reddell opened the hearing to the public. Nelson Sullivan, Fairview Avenue, discussed the initiative which applies to this application and stated any development should be considered an expansion or enlargement and therefore denied. He said changing the meaning of the words of the initiative is ille- gal, as was the illegal incorporation of the Measure into the City Code. Warren Dorn stated when Measure D was adopted, it was misrepre- sented, and the City did not have control of the zoning in this area. The initiative was a misuse of the rights of the people. David Ross, applicant, stated his project will enhance the area; he noted the initiative was to protect the fishing industry, and none of the fishermen he has talked to feel his project will hurt their business. MOTION: Councilmember Miller moved the matter be returned to Council. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) Councilmember Lemons suggested a finding be added to the proposed resolution that the project does not violate the provisions of Measure D. MOTION: Councilmember Lemons moved a fourth finding be added to the Resolution stating, "The project does not consti- tute an expansion of use and, therefore, it does not violate Measure D". The motion was seconded by Coun- cilmember Miller. Councilmember Miller indicated he was in favor of the project and did not believe it violated Measure D in that it does not harm the commercial fishing industry in Morro Bay. Councilmember Sheetz was concerned the storage area not be made into a service area at some future date, and suggested an addi- tional condition be added to the resolution prohibiting this alteration. Councilmember Odell stated the spirit of Measure D was to pre- serve the area that could be used by the fishermen for navigation and commerce. Since the project area is not directly adjacent to the water, he did not believe it affected the fishing industry. The motion was unanimously carried by roll call vote. (5-0) MINUTES - MORRO BA ,CITY COUNCIL REGULAR MEETING - APRIL 13, 1987 PAGE 7 MOTION: Councilmember Sheetz moved an additional Condition, Condition #10, be added to the Resolution that the 416 square foot addition shall not be converted at any time to a customer service area. The motion was seconded by Councilmember Lemons, and unanimously carried by roll call vote. (5-0) MOTION: Councilmember Lemons moved for the adoption of Resolu- tion No. 46-87, as amended. The motion was seconded by Councilmember Miller and unanimously carried by roll call vote. (5-0) B-3 REQUEST FOR WAIVER FROM WATER EQUIVALENCY -TRANSFER DEED RESTRICTION (GORDON WOOD) Mr. Farrel reviewed the request from Mr. Wood citing a serious health problem and his doctor's advice to move to another loca- tion. The home he is currently building has numerous stairs and his doctor advises against climbing stairs on a regular basis with his heart condition. Therefore, Mr. Wood is requesting re- lief from the deed restriction on the property in order to sell it before the one-year period expires. Councilmember Sheetz questioned heart condition from a urologist. Wood has been under medical care gan construction. a doctor's certification on a Councilmember Miller noted Mr. since 1985, before the house be - Mayor Reddell stated he would like a legal opinion from the City Attorney as to the legality of the deed restriction provision in the Ordinance. Councilmember Lemons suggested Council has no business reviewing personal medical history. MOTION: Councilmember Sheetz moved this item be tabled until such time as the City Attorney renders an opinion on the legality of the deed restriction. The motion was seconded by Councilmember Miller. Councilmember Lemons did not believe it was the City's place to question the reasons of an individual who requests the waiver; Councilmember Miller disagreed. Councilmember Sheetz asked Mr. Napper if the deed restriction re- quirement wasn't enacted to keep people from building houses for speculation? Mr. Napper stated it was to provide an incentive to owner -builders by giving them a priority status for water allocation. The motion failed on the following roll call vote: AYES: Miller, Sheetz NOES: Lemons, Odell, Reddell MINUTES - MORRO BA CITY COUNCIL REGULAR MEETING - APRIL 13, 1987 PAGE 8 MOTION: Councilmember Lemons moved Council grant Mr. Wood's re- quest with the findings that his documented and re- cently -developed health problems comply with Municipal Code Section 13.20.090 (C & D). The motion was sec- onded by Councilmember Odell and carried with Coun- cilmember Sheetz voting no. (4-1) MOTION: Councilmember Miller moved staff be instructed to ini- tiate the process to return with an Ordinance amendment to delete the deed restriction requirement. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) Mayor Reddell opened the subject to the public for comments; there were none. Council recessed from 8:55 p.m. to 9:05 p.m. B-4 PUBLIC HEARING ON CONSIDERATION OF POTENTI_A_L PROJECTS FOR A 1987 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION Bill Farrel reviewed the procedure to apply for a CDBG grant in 1987. He noted the City had received $525,000 in 1986 for hous- ing stock rehabilitation. The process for 1987 is for Council to receive testimony this evening regarding public input on poten- tial projects. He stated the only written response received to date was from People's Self -Help Housing Corporation requesting financial help on their 40-unit senior housing project proposal. Mayor Reddell asked if the City should make application for other projects besides the suggestion from PSHHC. Mr. Napper stated the City could be competing against itself; it is better to con- centrate on one project where the City has the most need. Mayor Reddell opened the hearing to the public. Jeanette Duncan, Executive Director of PSHHC, stated PSHHC is in- terested in applying for $325,000 to assist in the development of their senior housing project on North Main Street. Councilmember Sheetz asked how the Texaco bankruptcy matter affects PSHHC pur- chase of the Texaco property for the housing project. Ms. Duncan stated she hopes it will not affect it at all and noted they are dealing with a subsidiary of Texaco. MOTION: Councilmember Lemons moved the public hearing be closed. The motion was seconded by Councilmember Odell and unanimously carried. (5-0). MOTION: Councilmember Sheetz moved staff be directed to prepare a project -specific application addressing the People's Self -Help Housing Corporation request for the Council's April 27th meeting. The motion was seconded by Coun- cilmember Lemons and unanimously carried. (5-0) MINUTES - MORRO BA 'ITY COUNCIL REGULAR MEETING - APRIL 13, 1987 PAGE 9 B-5 CHAMBER_ OF COMMERCE REQUEST FOR RECONSTITUTION OF CITY COMMUNITY PROMOTIONS COMMITTEE Mr. Napper reviewed the Chamber of Commerce's request for reorga- nization of the City's Community Promotions Committee to include the president or chairperson of the Merchants Association, the Hotel/Motel Association, and the Chamber of Commerce; the Chamber Manager; a businessperson involved in a tourist related business; and a City staff member as a non -voting liaison. Their recommen- dation also includes elimination of a Councilmember on the com- mittee. Mr. Napper noted the Committee advises the City Council on expenditures for outside City -advertising promotion. In reviewing this request, Mr. Napper suggested Council include a representative from the Waterfront Leaseholders Association, and the City Administrator and Chamber Manager serve as non -voting staff liaisons to the Committee. He also suggested Council re- examine the purpose of the Committee. Mayor Reddell opened the matter for hearing to the public. Ann Udell, President of the Morro Bay Chamber of Commerce, re- viewed the Chamber's request and agreed with the suggested addi- tions made by Mr. Napper. She reiterated the request a Coun- cilmember not be included on the committee, and requested the Committee meet on a regular basis, rather than at the call of the chairman. Mayor Reddell returned the matter to Council. There was considerable discussion on this matter, with Coun- cilmember Sheetz suggesting disbanding the Community Promotions Committee. She believed the Visitors Conference Bureau has been extremely successful in advertising the City out -side the local area, and the need for the Community Promotions Committee has ceased. The VCB is comprised of professionals doing a profes- sional job of advertising the City; the Chamber is comprised of business -people trying to do the same thing and not as effec- tively. The City can allocate $20,000 of the outside City adver- tising funds to the VCB and the rest ($10,000) to the Motel Asso- ciation for brochures. MOTION: Councilmember Sheetz moved the Community Promotions Committee be disbanded and the City's promotions money be allocated proportionally to the VCB and the Motel Association. The motion was seconded by Councilmember Miller. Mayor Reddell disagreed with dissolving the Committee; he be- lieved the Chamber and the Motel Association are finally willing to work together and the City should encourage the relationship. Councilmember Lemons also believed the City needed this advisory body. MINUTES - MORRO BA vITY COUNCIL REGULAR MEETING - APRIL 13, 1987 PAGE 10 Councilmember Odell asked questions regarding the VCB's and Com- mittee's dual purposes. He stated he was not convinced the Com- mittee did not continue to serve a purpose. MOTION: Councilmember Lemons moved the motion be tabled. The motion was seconded by Councilmember Odell and carried with Councilmembers Miller and Sheetz voting no. (3-2) MOTION: Councilmember Lemons moved the public hearing be re- opened. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) Ann Udell stated the Community Promotions Committee makes recom- mendations to Council on how outside advertising funds should be spent. One of their recommendations was to fund the VCB which promotes the County as a whole; however, the City must still pro- mote Morro Bay. Warren Dorn stated when the bed tax was increased, a commitment was made that the money would go through a promotions committee; he was opposed to abolishing the committee. John Harper, Vice -President of the Hotel/Motel Association, spoke in support of continuing with the Community Promotions Committee in an effort to keep the Chamber and the Hotel/Motel Association working together. MOTION: Councilmember Lemons moved the hearing be closed to the public. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) MOTION: Councilmember Lemons moved for approval of reorganizing the Community Promotions Committee in accordance with staff's suggestion, and determine no Councilmembers would serve on the Committee. The motion was seconded by Mayor Reddell and carried on the following roll call vote: AYES: Lemons, Odell, Reddell NOES: Miller, Sheetz B-6 ORDINANCE NO. 303 ALTERING LOCATION, DAY, AND_ TIME OF CITY COUNCIL REGULAR MEETINGS - FIRST READING Mr. Napper stated the Ordinance before Council had been prepared at their request. It changes regular Council meeting times from 7:00 p.m. to 6:00 p.m.; changes the day of Council meetings from Monday to Tuesday; and changes the place of the meeting from the Recreation Hall to the Veterans Hall. If Council approves the Ordinance, it will be in effect by the first meeting in June, 1987. Mr. Napper also noted the problems associated with the Sun -Bulletin's publishing dates, and constraints on Council to receive and absorb agenda material and still have time to ques- tion staff if necessary. MINUTES - MORRO BA -ITY COUNCIL REGULAR MEETING - APRIL 13, 1987 PAGE 11 Mayor Reddell opened the hearing to the public for comments. Pat Dilbeck, Editor of the Sun -Bulletin, stated the change in meeting times will pose a big burden on the paper to deliver timely news to the public. A small space is saved for pertinent stories, but in-depth news will have to wait until the following week. Since the Sun -Bulletin is the community's paper, she hoped Council will reconsider its decision. Warren Dorn, 212 Beach, stated the Council meeting date should occur so the paper's right -to -know and report is not denied. Tom Wuriu, Juniper, spoke in opposition to the Tuesday night meet- ings, stating the people need to know about City activities in a timely manner through the local newspaper. Mark Allen, 560 Shasta, spoke in opposition to the 6:00 p.m. time change; he felt people would not have time to get home from work, have dinner, and attend meetings by 6:00 p.m. MOTION: Councilmember Odell moved the hearing be closed to the public. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) MOTION: Councilmember Lemons moved to table item B-6. The mo- tion was seconded by Mayor Reddell. Mr. Napper pointed to the need to at least change the ordinance regarding meeting location to the Veterans Hall. Councilmember Lemons withdrew his motion, and Mayor Reddell his second. MOTION: Councilmember Lemons moved to amend the ordinance to delete section 2.08.010 and section 2.08.030. The mo- tion was seconded by Mayor Reddell. It was noted by deleting section 2.08.030 of the proposed ordi- nance, the time of Council meetings will remain at 7:00 p.m. The motion failed, with Councilmembers Miller, Odell, and Sheetz voting no. (2-3) Councilmember Odell stated he was in favor of the ordinance be- cause he believed it would help him do a better job for the peo- ple who voted for him, even though it may be an unpopular deci- sion in view of the Sun -Bulletin's objections. He needs the ex- tra time to become more familiar with the agenda packet to enable him to make an informed decision. MOTION: Councilmember Odell moved to read Ordinance No. 303 by title and number only. The motion was seconded by Councilmember Sheetz. MINUTES - MORRO BA CITY COUNCIL REGULAR MEETING - APRIL 13, 1987 PAGE 12 Councilmember Lemons disagreed with Councilmember Odell, stating it doesn't make any difference how inconvenient it is for a Coun- cilmember; they knew the constraints when they ran for office. He believed the Council will be doing a disservice to the commu- nity by enacting this ordinance and not allowing the people to receive the City's news in a timely fashion. There was discussion regarding moving the date of receiving agenda packets forward to give Council more time to study the in- formation. Mr. Napper indicated either option eliminates a staff preparation day. The motion to read Ordinance No. 303 by title and num- ber only was unanimously carried. (5-0) Mr. Napper read Ordinance No. 303 by title and number only. MOTION: Councilmember Miller moved for adoption of the first reading of Ordinance No. 303. The motion was seconded by Councilmember Sheetz and carried on the following roll call vote: AYES: Miller, Odell, Sheetz NOES: Lemons, Reddell C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 302 CHANGING THE NUMBER OF MEMBERS OF THE TV FRANCHISE AND SERVICES BOARD - SECOND READING AND ADOPTION Mr. Napper stated this ordinance will go into effect May 13, 1987; it changes the composition of the TV Board to "up to 5 mem- bers" from the required 5 members. MOTION: Councilmember Sheetz moved Ordinance No. 302 be read by title and number only. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) Mr. Napper read Ordinance No. 302 by title and number only. MOTION: Councilmember Sheetz moved for approval of the second reading and adoption of Ordinance No. 302. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) D. NEW BUSINESS D-1 COMMUNITY PROMOTIONS COMMITTEE RECOMMENDATION AND CITY COUNCIL CONSIDERATION OF iADDITIONAL FISCAL CONTRIBUTION TO SAN LUIS OBISPO COUNTY VISITORS AND CONFERENCE BUREAU Mr. Napper stated Council had approved $11,500 last fall for the first 6 months membership in the VCB, and held the remaining re- quested funding ($10,000 additionally) until a 6 months' activity MINUTES - MORRO BA =Y COUNCIL REGULAR MEETING - APRIL 13, 1987 PAGE 13 report was submitted. The City's Community Promotions Committee has reviewed the VCB's report and recommends Council release the additional $10,000. Jonni Eylar, Director of the VCB, reviewed the purpose of the VCB and the ways in which it has advertised Morro Bay and the County during the last 6 months. Dave Garth, San Luis Obispo Chamber Manager, also spoke in support of the allocation. MOTION: Councilmember Sheetz moved for approval of the Commu- nity Promotions Committee recommendation to disburse the remaining $10,000 for FY86-87 City membership in the VCB from the FY86-87 Outside Community Promotions Fund. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) D-2 APPOINTMENT OF CITY OFFICIAL TO SAN LUIS OBISPO COUNTY SOLID WASTE MANAGEMENT COMMITTEE Mr. Napper advised the County of San Luis Obispo will be the lead agency in preparing a County Hazardous Materials Siting and Dis- posal Plan. They are proposing a 13-member Waste Management Com- mittee and have requested each of the 7 city councils in the County select one of its membership to serve. MOTION: Councilmember Sheetz nominated Councilmember Lemons to serve on the Committee. The nomination was seconded by Councilmember Miller and carried, with Councilmember Lemons voting no. (4-1) Mayor Reddell indicated he would like to hear brief reports from time to time from Councilmembers on the activities of the commit- tees they participate in. Councilmember Lemons advised he would be absent from the April 27th and May 11th City Council meetings. 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 discuss personnel matters in accordance with Government code Section 54957, and litigation in accordance with Government Code Section 54956.9(a). The litigation items are: Cabrillo Enterprises v_s. City of Morro Bay City of Morro Bay vs. Brown Jennings, et al. vs. City of Morro Bay MINUTES - MORRO BA YITY COUNCIL REGULAR MEETING - APRIL 13, 1987 PAGE 14 The meeting adjourned to Closed Session at 11:30 p.m. and ad- journed from Closed Session to Thursday, April 23, 1987 at 8:30 a.m. in the City Hall Conference Room to continue discussion of the above -referenced Closed Session items. The meeting adjourned at 1:38 a.m. Recorded by: 4� ARDITH DAVIS Deputy City Clerk