HomeMy WebLinkAboutCC_1987-09-14 Regular Meeting MinutesMORRO BAY
CITY COUNCIL
AGEND]
REGULAR MEETING - SEPTEMBER 14, 1987
VETERANS MEMORIAL HALL - 6:00 P.M.
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on matters other than scheduled hearing items may do so when recog-
nized by the Mayor, by standing and stating their name and address. Com-
ments should normally be limited to three minutes.
PRESENTATIONS: AWARD TO JAMES A. MILLER FOR HIS TERM AS MORRO BAY CITY
COUNCILMEMBER
DECLARATION OF FUTURE AGENDA ITEMS
A. CONSENT CALENDAR
A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF AUGUST 24, 1987, AND
THE ADJOURNED REGULAR MEETING OF AUGUST 26, 1987
A-2 RESOLUTION NO. 106-87 ACCEPTING OFFER OF DEDICATION OF EASEMENT FOR
PUBLIC STREET PURPOSES (1700 MAIN STREET; SCOVELL)
A-3 RESOLUTION NO. 109-87 ACCEPTING THE CITY'S 1987 COMMUNITY DEVELOPMENT
BLOCK GRANT AWARD OF $545,000 FOR SENIOR HOUSING
A-4 RESOLUTION NO. 108-87 SUPPORTING LEGISLATIVE PRIORITY OF COASTAL
CONSERVANCY BOND FUNDING
A-5 PUBLIC AREA USE PERMIT FOR SPECIAL USE DURING HARBOR FESTIVAL: WIND-
SURFING RACE (PRIVATE SPONSORS)
A-6 PROCLAMATION DECLARING SEPTEMBER 16, 1987, AS "CELEBRATION OF CITIZEN-
SHIP DAY", AND PROCLAMATION DECLARING SEPTEMBER 17, 1987 AS
"CONSTITUTION BICENTENNIAL DAY"
A-7 PROCLAMATION DECLARING SEPTEMBER 18, 1987 "POW -MIA RECOGNITION DAY"
A-8 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (OTTO)
A-9 AWARD OF CONTRACT FOR PROJECT NO. PW 87-03; STREET OVERLAY PROJECT
(over)
B. PUBLIC HEARINGS
REPORTS & APPEARANCES
B-1 PUBLIC HEARING ON LABOR RELATIONS/NEGOTIATIONS IMPASSE WITH MORRO BAY
PEACE OFFICERS ASSOCIATION
B-2 PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION APPROVAL OF CITIZENS -
INITIATED STREET ASSESSMENT DISTRICT, CDP 73-87R, MIMOSA STREET (PAUL
PRICE, APPELLANT); AND APPELLANT'S REQUEST FOR POSTPONEMENT TO CON-
SIDER WITH FORMATION OF STREET ASSESSMENT DISTRICT
B-3 ORDINANCE NO. 307 AMENDING SECTION 17.49.070 OF THE MORRO BAY MUNICI-
PAL CODE REGARDING CONDOMINIUM CONVERSION PROJECTS - FIRST READING
B-4 CONTINUED HEARING ON CHAPTER D (VEHICLE TRANSPORTATION), AND CHAPTER E
(PARKING) OF THE REVISED CIRCULATION ELEMENT (1-HOUR DISCUSSION TIME
LIMIT)
C. UNFINISHED BUSINESS
C-1 DISCUSSION REGARDING FUNCTION OF COMMUNITY HOUSING AD -HOC COMMITTEE
D. NEW BUSINESS
D-1 COMMUNITY PROMOTIONS COMMITTEE RECOMMENDATIONS FOR 1987 OUTSIDE COMMU-
NITY PROMOTIONS PROGRAM, AND REQUEST FOR SUPPLEMENTAL FUNDING
D-2 HARBOR FESTIVAL COMMITTEE'S REQUEST FOR PRIOR FESTIVAL DOCUMENTS
D-3 DETERMINATION OF PROCESS TO FILL STREET ADVISORY COMMITTEE VACANCY
E. CLOSED SESSION
E-1 GOVERNMENT CODE SECTION 54957.6, LABOR RELATIONS
E-2 GOVERNMENT CODE SECTION 54956.9(A), PENDING LITIGATION
A. KEYOTO-NATALIE V. CITY OF MORRO BAY
B. LOPERENA V._CITY OF MORRO BAY
F. ADJOURNMENT
COPIES OF STAFF REPORTS OR OTHER WRITTEN DOCUMENTATION
RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS
AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND
AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT
COST.
2
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - SEPTEMBER 14, 1987
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Reddell called the meeting to order at 6:03 p.m.
ROLL CALL
PRESENT: Dale Reddell
Paul Donnelly
John Lemons
Jeff Odell
Rose Marie Sheetz
ABSENT: None
STAFF: Gary Napper
Judy Skousen
Louise Burt
Bill Farrel
Forrest Henderson
Dave Howell
Nick Nichols
Steve Wolter
Ardith Davis
PUBLIC COMMENTS
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Administrator
City Attorney
Finance Director
Comm. Dev. Dir.
Asst. to City Admin.
Chief of Police
Public Works Dir.
Recreation & Parks Dir.
City Clerk
1. Warren Dorn reviewed accomplishments of Morro Bay Beau-
tiful during the past 8 years. He stated they want to work with
the City to improve City property near the entrance of Morro Bay
where there are some eucalyptus trees, recycling center, and a
car wash. He also suggested placing a bandstand in City Park for
the purpose of holding band concerts, lectures, etc., and noted
Morro Bay Beautiful's willingness to erect this structure.
2. Ann Udell stated she wished to speak on Item D-1 on the
agenda regarding Community Promotions, but would like to defer
her comments until that item is considered by Council. Mayor
Reddell indicated she could speak at that time.
PRESENTATIONS
Mr. Napper stated Council was prepared to present a plaque to Mr.
Miller for his service as a member of the City Council; however,
Mr. Miller is not present.
DECLARATION OF FUTURE AGENDA ITEMS
1. Councilmember Sheetz requested an agenda item be sched-
uled to consider allegations the Cypress Trailer Park is convert-
ing residential spaces to RV sites. Mr. Napper stated staff is
in contact with an attorney representing some of the tenants who
live at the park, but staff will report back to Council. He re-
quested those with complaints attempt to document the violations
and forward them to the City for review.
A. CONSENT CALENDAR
A-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF AUGUST 24,
1987. AND THE ADJOURNED REGULAR MEETING OF AUGUST 26, 1987
Mr. Napper recommended Council approve the minutes as submitted.
A-2 RESOLUTION NO. 106-87 ACCEPTING OFFER OF DEDICATION OF EASE-
MENT FOR PUBLIC STREET PURPOSES (1700 MAIN STREET; SCOVELL)
Mr. Napper recommended Council adopt Resolution No. 106-87.
A-3 RESOLUTION NO. 109-87 ACCEPTING THE CI_TY'S 1987 COMMUNITY
DEVELOPMENT BLOCK GRANT AWARD OF $545�000 FOR SENIOR HOUSING
Mr. Napper recommended Council adopt Resolution No. 109-87.
A-4 RESOLUTION NO. 108-87 SUPPORTING LEGISLATIVE PRIORITY OF
COASTAL CONSERVANCY BOND FUNDING
Mr. Napper recommended Council adopt Resolution No. 108-87.
A-5 PUBLIC AREA USE PERMIT FOR SPECIAL USE DURING HARBOR FESTI-
VAL: WINDSURFING RACE (PRIVATE_5PONSORS)
Mr. Napper recommended Council adopt Resolution No. 111-87.
A-6 PROCLAMATION DECLARING SEPTEMBER_16� 1987. AS "CELEBRATION
OF CITIZENSHIP DAY", AND PROCLAMATION DECLARING_4 SEPTEMBER
17, 1987 AS "CONSTITUTION BICENTENNIAL DAY"
Mr. Napper recommended Council authorize the Mayor to sign the
proclamation.
A-7 PROCLAMATION DECLARING SEPTEMBER 18, 1987 "POW -MIA RECOGNI-
m nAV11nTV11
Mr. Napper recommended Council authorize the Mayor to sign the
proclamation.
A-8 REJECTION OF LIABILITY CLAIM AGAINST THE CITY (OTTO)
Mr. Napper recommended Council deny the claim and authorize the
City Clerk to sign and send the rejection letter.
A-9 AWARD OF CONTRACT FOR PROJECT NO. PW 87-03; STREET OVERLAY
PROJECT
Mr. Napper recommended Council award the contract to Madonna Con-
struction in the amount of $44,412.40.
MINUTES - MORRO BA, :'ITY COUNCIL
REGULAR MEETING - SEPTEMBER 14, 1987
PAGE 3
MOTION: Councilmember Lemons moved for approval of the Consent
Calendar as recommended by staff. The motion was sec-
onded by Councilmember Odell and unanimously carried.
(5-0)
B. PUBLIC HEARINGS]REPORTS & APPEARANCES
B-1 PUBLIC HEARING ON LABOR RELATIONS/NEGOTIATIONS IMPASSE WITH
MORRO BAY PEACE —OFFICERS ASSOCIATION
Mr. Henderson stated negotiations between the representatives of
the Morro Bay Peace Officers Association (MBPOA) had stalled in
early June. On August 21, 1987, the MBPOA and the City met with
a State Conciliation Service Mediator to try and resolve differ-
ences to no avail. The meeting scheduled tonight was for pur-
poses to resolve the issues; however, Mr. Henderson stated he has
been informed by the MBPOA they wish to make a statement prior to
Council consideration of this matter.
John Gajdos, President of the MBPOA, stated recent events make
Council discussion unnecessary at this time, and they request
they be allowed to reserve the right to return at a future meet-
ing if necessary. Mr. Napper stated the MBPOA has indicated to
staff they would like to go back to the negotiating table to work
out an agreement both parties could be satisfied with.
Council granted the request, and the item was pulled from the
agenda.
B-2 PUBLIC HE_A_RING ON APPEAL OF PLANNING COMMISSION APPROVAL OF
CITIZENS -INITIATED STREET ASSESSMENT DISTRICT, CDP 73-87R,
MIMOSA STREET (PAUL PRICE, APPELLANT); AND APPELLANT'S
REQUEST FOR POSTPONEMENT TO CONSIDER WITH FORMATION OF
STREET ASSESSMENT DISTRICT
Mr. Napper stated the appellant, Mr. Price, recently requested
this item be postponed as he is out of town at this time. Mr.
Nappper suggested Council open the hearing to accept comments
from anyone who might be unable to attend a hearing at a later
date, and then continue the item to a time in October.
Mayor Reddell opened the hearing to the public for comments; as
there were no comments, the hearing was closed.
MOTION: Councilmember Lemons moved the hearing be continued to
October 26, 1987. The motion was seconded by Coun-
cilmember Sheetz and unanimously carried. (5-0)
B-3 ORDINANCE NO. 307_A_MENDING SECTION 17.49.070 OF THE MORRO
BAY MUNICIPAL CODE_REGARDING CONDOMINIUM CONVERSION PROJECTS
Mr. Farrel noted Council had previously requested staff to review
current ordinances regulating condominium conversions to deter-
MINUTES - MORRO BAD. :ITY COUNCIL
REGULAR MEETING - SEPTEMBER 14, 1987
PAGE 4
mine whether or not they could be strengthened. Two modifica-
tions are proposed by staff and have been approved by the Plan-
ning Commission. One is to reduce by half the nuambereof pert-
ments which can be converted to condos in any ye
the number of apartments completed in the previous year. The
other is to standardize the format of the apartment vacancy sur-
vey required of applicants seeking to convert apartments to con-
dominiums. An ordinance has been prepared for Council considera-
tion to effectuate these two changes.
Mayor Reddell opened the hearing to the public for comments;
there were no comments and the hearing was closed.
Councilmember Lemons questioned the necessity for including Sec-
tion B.3.b. He believed it it could create a circumstance
wherein no apartments would be built because the apartment supply
exceeds the demand, and yet no existing apartments would be al-
lowed to convert to condominiums because no apartments were built
during previous year.
There was considerable Council discussion on this item, including
commentary by City staff. Councilmember Lemons favored deferring
this matter to the next meeting and instructing staff to contact
the real estate industry and find out what constitutes a housing
shortage. He stated he would not be uncomfortable setting a 50%
He asked if the City could absolutely pro -
vacancy rate limit. en stated not totally; the City
hibit conversions. Judy Skous
must have a basis to justify taking that action, and it must be
reasonable.
MOTION: Councilmember Lemons moved this matter be continued to
the next meeting for further refinement by staff. The
motion was seconded by Councilmember Donnelly and unan-
imously carried. (5-0)
B-4 CONTINUED HEARI_N_G ON CHAPTER D (VEHICLE TRANSPORTATION), AND
CHAPTER E USSION T(PARKING) OF THE REVISED CIRCULATION ELEMENT (1-
HOUR DISCIME LIMIT)
Mr. Farrel noted Council's past considerations of the Circulation
Element and reviewed unresolved questions for Council. He noted
Council has previously determined the use of Bolton Drive or
Prescott Drive as an arterial roadway to the Williams Brothers
development be eliminated from the Plan, along with the realign-
ment of a portion of North Main Street to Alder Avenue.
Mayor Reddell opened the hearing to the public for comments.
Wayne Williams, representing the San Luis Obispo Bicycle Club,
stated he had been asked by the City to comment on the bicycle
portion of the Circulation Element. He centered his comments
around the need for safety improvements to South Bay Boulevard,
and cited funding options through the Area Council of Governments
MINUTES - MORRO BA1 �IITY COUNCIL
REGULAR MEETING - SEPTEMBER 14, 1987
PAGE 5
and Local Transportation Funds, as well as SB 959 funds (off-
shore oil drilling impacts).
Mary Phillips discussed residential parking, and Mr. Farrel
stated the Circulation Element makes no changes in this area.
Faye McGonagill, 2898 Sandalwood, spoke in opposition to the
Embarcadero extension. She noted a 1974 vote on this subject,
the results of which was against the extension and a Council
promise only to reconsider with a vote of the people. She also
made comments relative to a subsequent need to widen
Azure/Sandalwood Streets to accommodate increased traffic flows
if a road is placed through the VRM property to the Beach Tract
residences.
Mayor Reddell closed the hearing to the public.
Council discussed the Atascadero Road/Embarcadero connection at
length. Councilmember Lemons questioned if Measure D might pro-
hibit construction of the Embarcadero extension.
Councilmember Sheetz stated she is opposed to the Embarcadero ex-
tension, and would not vote in favor of its inclusion in the Cir-
culation Element. She believed the extension would increase
traffic on the Embarcadero at a time when Council should be look-
ing for alternatives to alleviate traffic there.
Councilmember Lemons questioned whether the 1974 election wherein
the electorate voted against a bridge connecting the north and
south portions of the Embarcadero was an initiative or advisory
vote. Mrs. McGonagill stated it was an advisory vote.
There was discussion relative to other alternatives to provide an
additional route to the North and South portions of Morro Bay.
Councilmember Donnelly suggested Council reserve the right to
have the bridge constructed at a later date, but not necessarily
with the priority schedule set forth in the Circulation Element.
Mr. Napper reminded Council they were planning for the long-range
needs of the City and it is important to make decisions about the
City's future so that proper planning can take place. Decisions
made about the Circulation Element do not necessarily mean those
items have to be implemented immediately or by the City.
Council preferred to withhold a decision on the Embarcadero ex-
tension until after the hotel/motel study is completed, and the
other questions mentioned are answered (i.e., previous election
results).
Mr. Farrel introduced the proposed improvements to the Radcliff/
North Main Street intersection by relocating lower Radcliff to
the north-west. Council concurred with the relocation as
planned.
MINUTES - MORRO BA'i :ITY COUNCIL
REGULAR MEETING - SEPTEMBER 14, 1987
PAGE 6
Mr. Farrel reviewed the proposed Coleman Drive realignment.
Councilmember Lemons was concerned regarding an agreement with a
private property owner (Den Dulk) in the area and how the pro-
posed realignment of Coleman Drive might affect that. Coun-
cilmember Sheetz also requested information on how the private
property owner could develop the property if the City changes the
alignment of Coleman Drive. Staff was directed to research these
items and respond with a fact report before further Council dis-
cussion on the proposal takes place.
Council discussed the arterial road from the future Williams
Brother's Shopping Center south to South Bay Blvd., and concurred
it should remain in the Circulation Element.
Council discussed the local road through "VRM" property north of
the High School, and directed it be deleted in the Circulation
Element from the west side of the property next to the sand
dunes, and placed parallel to Highway One the east side of the
property.
With regard to the arterial roadway access through Morro Bay
State Park, Council decided to wait until the State Parks Depart-
ment finishes their Master Plan of this park unit and Council is
in public receipt of the State's recommendations.
Mr. Napper suggested the review of the Circulation Element be
continued to the next meeting for consideration of the Parking
component of the Element; Council concurred.
C.
UNFINISHED BUSINESS
C-1 DISCUSSION REGARDING FUNCTION OF COMMUNITY HOUSING AD -HOC
COMMITTEE
Mr. Napper stated a Mayor -appointed committee has been meeting
with a developer regarding a concept for senior housing on the
property behind the Safeway store. The Committee has recently
prepared a housing and need survey which it would like to have
distributed. At this point, the Committee lacks the funding to
accomplish this, and they also need clarification as to their
purpose and function. He noted if the Committee's purpose is to
help the developer in his senior housing project, the developer
should submit an application and go through the process like any-
one else. If the goal is something else, this objective needs
further definition.
Mayor Reddell agreed with Mr. Napper's assessment. He stated the
Committee needs direction and money to function. Presently, the
Committee is a tool of the developer, with the developer telling
the Committee what they should do.
Councilmember Lemons stated one of the charges of the Committee
was to determine if there is a need for affordable housing in the
MINUTES - MORRO BAi ;ITY COUNCIL
REGULAR MEETING - SEPTEMBER 14, 1987
PAGE 7
community, and what type of housing the community wants. He said
if the revised affordable housing ordinance is adopted, it pro-
vides for incentives to develop property for community housing
projects. He believed it unfair to ask someone to spend money in
accordance with the terms of that ordinance and then subsequently
tell them they cannot develop it for one reason or another. The
developer should know ahead of time if the community wants af-
fordable housing. The function of the Committee was to set out
criteria for any development covered by the proposed ordinance.
There was discussion regarding the costs involved in funding the
survey, and staff time to administer it. Mr. Napper stated the
costs could be absorbed if the sole charge of the Committee is
the development and evaluation of a survey; if it is to be an on-
going committee, staffing and funding of any projects must be ap-
proved. He also stated staff should refine the questions before
the survey is mailed, and Council approve the final document.
Council concurred the Committee's sole purpose at this point is
to refine a survey, and have it mailed.
Council held a recess from 8:40 p.m. to 8:59 p.m.
D. NEW BUSINESS
D-1 COMMU_NI_T_Y PROMOTIONS COMMITTEE RECOMMENDATIONS FOR 1987 OUT-
SIDE COMMUNITY PROMOTIONS PROGRAM, AND REQUEST FOR SUPPLE-
MENTAL FUNDING
Mr. Napper reviewed the 5-point marketing program submitted by
the Community Promotions Committee to advertise Morro Bay for FY
87-88. The Committee is seeking Council authorization of $17,995
supplemental funds for this program. He noted the total commu-
nity promotions program, if approved by Council, would be
$56,345, which includes a $22,000 contribution to the County Vis-
itors and Conference Bureau (VCB). He recommended approval of
the program and request for this year only, with cost -benefit
analysis in next year's budget review.
Ann Udell, Chairman of the Community Promotions Committee, re-
viewed the various components of the marketing program including
the contribution to the VCB, Morro Bay brochure, WATTS line tele-
phone number, magazine advertising, and a Morro Bay video. She
also reviewed expenditures by private business which, when added
to the direct contribution by the City, she estimates to be one-
half million dollars spent on promoting/advertising the City.
Mayor Reddell asked how the VCB will encourage private business
funding to match governmental contributions. Jonni Eylar, man-
ager of the VCB, stated they have added a salesperson to their
staff to sell private memberships. She believed it is just a
matter of spending the time to sell the memberships.
MINUTES - MORRO BA! .ITY COUNCIL
REGULAR MEETING - SEPTEMBER 14, 1987
PAGE 8
Councilmember Sheetz asked if there has
tax revenue. Louise Burt stated bed tax
however, sales tax is up only slightly.
been an increase in bed
revenues have increased;
Councilmember Sheetz stated the program basically expands on pre-
vious years' programs, and is a good one. She asked about the
initiative which placed a cap on the amount of community promo-
tions expenditures. Mr. Napper stated the amount in the initia-
tive was 5% of the previous year's bed tax; the proposal is es-
sentially 12% of bed tax revenues. He noted, however, the ini-
tiative was previously declared invalid by the Court. If this
package is adopted tonight, the City will be spending a total of
$83,500 on community promotions, which includes the local visi-
tors information bureau contract awarded to the Chamber ($22,000)
and the $17,000 for City support of local community events.
MOTION: Councilmember Odell moved for approval of the 5-point
community promotions program for FY 87-88, and alloca-
tion $17,995 from FY 87-88 General Fund Contingencies
to supplement the Outside Community Promotions Fund for
this year only. The motion was seconded by Councilmem-
ber Lemons and unanimously carried. (5-0)
D-2 HARBOR FESTIVAL COMMITTEE'S REQUEST FOR PRIOR FESTIVAL
DOCUMENTS
Mr. Napper stated this item has been agendized at Council's re-
quest; Mr. Wolter has prepared his understanding of the City's
role in the Harbor Festival, and Mrs. Burt has provided a list of
expenditures and revenues for 1985 and 1986. Letters from Coun-
cilmember Sheetz, and the Chairman of the 1987 Harbor Festival
have been included. He requested direction from Council on this
matter.
Mayor Reddell and Councilmember Lemons questioned the Finance
Director regarding bookkeeping procedures and financial records
during this period. Ms. Burt noted receipts on individuals rent-
ing booths for the Harbor Festival were kept during 1985; in
1986, Councilmember Sheetz stated she would take care of mailing
receipts to individuals. Therefore, the City received revenue
and made receipts out to Councilmember Sheetz. Councilmember
Sheetz stated nothing had been said about financial records when
the Harbor Festival Committee made their request; the Committee
had requested booth applications only.
Councilmember Lemons stated the subject matter was public
records, and he had previously received a copy of a telephone
message from Councilmember Sheetz to the Recreation Department
that she had destroyed records in her possession.
Councilmember Lemons asked if a receipt is written, and the money
deposited in City funds, are those receipts City records? Ms.
Skousen stated it depends on the facts and circumstances; she
said she does not have enough information to determine what were
MINUTES - MORRO BAD y'ITY COUNCIL
REGULAR MEETING - SEPTEMBER 14, 1987
PAGE 9
City records in this case. Councilmember Lemons asked if they
were City records and disposed of, certain provisions of State
law might apply? Ms. Skousen stated yes. Councilmember Lemons
suggested the matter should be referred to the District Attorney
or Grand Jury for an investigation if there is a question regard-
ing destruction of City records.
Councilmember Sheetz requested Councilmember Lemons to speak
plainly and indicate such if he had something to specifically ac-
cuse her of. Councilmember Lemons stated City financial records
were destroyed. Councilmember Sheetz stated she has receipts in
her own private receipt book, and Councilmember Lemons stated she
should provide those receipts. He commented all he is interested
in is finding out if they were City financial records; and, if
they were destroyed, and if that was wrong.
Councilmember Sheetz stated she never told Ms. Burt how to keep
her books; she did take care of receipts during 1986 because it
was too much extra work for Ms. Burt.
Mayor Reddell stated as he reads the staff report, the Harbor
Festival Committee was a City committee during 1984, 1985, and
1986. Ms. Skousen stated it does appear that way from reading
Mr. Wolter's report, but the letter from Councilmember Sheetz is
very different.
Upon questioning by Mayor Reddell, Ms. Skousen stated if City
records were destroyed, the charge could be a felony; as such,
investigation should be referred to the District Attorney's of-
fice by the City Council. It is not under the purview of the
City Administrator or the City Attorney to either independently
refer or investigate a criminal matter; they can only refer it to
the District Attorney if requested by Council.
Mr. Napper explained the uniqueness of the origin and relation-
ship of the Harbor Festival Committee, and stated it has annually
improved and been refined since inception. This year, a new
steering committee is trying to make it a non-profit organization
and many new improvements are being instituted.
MOTION: Councilmember Lemons moved this matter be referred to
the District Attorney's office to determine whether or
not official public records were destroyed in violation
of the law. The motion was seconded by Mayor Reddell.
Councilmember Odell asked if anyone could refer a matter of this
nature to the District Attorney. Ms. Skousen stated yes. Coun-
cilmember Odell believed his time was being wasted when this
could have been referred to the District Attorney a long time
ago.
MINUTES - MORRO BAi :'ITY COUNCIL
REGULAR MEETING - SEPTEMBER 14, 1987
PAGE 10
The motion carried on the following roll call vote:
AYES: Donnelly, Lemons, Odell, Reddell
NOES: None
ABSTAIN: Sheetz
D-3 DETERMINATION OF PROCESS TO FILL STREET ADVISORY COMMITTEE
VACANCY
Mr. Henderson stated the appointment of Councilmember Donnelly to
the City Council resulted in a vacancy on the Street Advisory
Committee. Two applications remain on file, and Mr. Henderson
recommended Council advertise the vacancy and encourage the two
applicants on file to re -apply.
MOTION: Councilmember Odell moved staff be instructed to adver-
tise the vacancy and encourage the two citizens with
applications on -file to re -apply. The motion was sec-
onded by Councilmember Donnelly and unanimously
carried. (5-0)
E. CLOSED SESSION
MOTION: Councilmember Lemons moved the meeting adjourn to
Closed Session. The motion was seconded by Councilmem-
ber Odell and unanimously carried. (5-0)
Mayor Reddell announced Council was adjourning to Closed Session
to discuss labor relations in accordance with Government Code
Section 54957.6; pending litigation in accordance with Government
Code Section 54956.9(a) in the matters of Kevoto-Natalievs. City
of Morro Bay, and Loperena vs. Ciroty of MorBay; and significant
exposure to litigation in accordance with Government Code Section
54956.9(b)(1).
The meeting adjourned to Closed Session at 10:15 p.m. and re-
turned to regular session at 11:26 p.m.
F. ADJOURNMENT
MOTION: Councilmember Odell moved
The motion was seconded by
unanimously carried. (5-0)
The meeting adjourned at 11:26 p.m.
Recorded by:
ARDITH DAVIS
City Clerk
the meeting be adjourned.
Councilmember Donnelly and