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HomeMy WebLinkAboutCC_1985-07-22 Regular Meeting MinutesCITY COUNCIL REGULAR MEETING - JULY 22, 1985 RECREATION HALL - 7:00 P.M. rARVOT:10--prA ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION - REVEREND WOODY SHOEMAKER, CAYUCOS CHRISTIAN FELLOWSHIP ORAL COMMUNICATIONS - Members of the audience wishing to address the Council on matters other than scheduled hearing items may do so when recognized by the Mayor, by standing and stating their name and address. Comments should normally be limited to three minutes. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION'S DENIAL OF VARIANCE FROM MINIMUM LOT SIZE STANDARDS (CASE NO. VAR 09-85) A-2 PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION'S ACTION ON AMENDMENT TO CDP TO ALLOW ADDITIONAL SIGNAGE AND EXTERIOR BUILDING TREATMENT A-3 PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION'S APPROVAL OF CUP'S FOR COMMERCIAL GHOST SHRIMP OPERATIONS (CASE NOS. CUP 15-85, A-F); RECOMMENDATION FROM PLANNING COMMISSION FOR ALLOCATION OF $1500 TOWARD DFG STUDY OF GHOST SHRIMPING B. UNFINISHED BUSINESS B-1 STATUS REPORT ON MORRO BAY STATE GOLF COURSE TRANSFER B-2 CERTIFICATE OF COMPLIANCE FOR EXISTING LOTS AND WITHDRAWAL OF REQUEST FOR PARCEL MAP - SHASTA AND OLIVE C. NEW BUSINESS C-1 RESOLUTION NO. 71-85 APPROVING ENCUMBRANCES FROM FY84-85 C-2 MAINTENANCE AGREEMENT FOR BAYSHORE VILLAGE PUBLIC PARK (PULLED) C-3 RESOLUTION NO. 69-95 RE: RATIFICATION OF 3-YEAR EMPLOYEE CONTRACT WITH MORRO BAY FIREFIGHTERS C-4 APPROVAL OF OUTSIDE COMMUNITY PROMOTION EXPENDITURE - HARBOR FESTIVAL TABLOID D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JULY 8, 1985 D-2 RESOLUTION NO. 70-85 TO AWARD A CONTRACT FOR CONSTRUCTION OF LIBRARY OFF -SITE IMPROVEMENTS AGENDA - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 22, 1985 PAGE TWO D-3 REVIEW OF BID NO. RP 85-172 FOR LAWN MOWER D-4 RESOLUTION NO. 66-85 RE: WASTEWATER TREATMENT PLANT - NOTICE OF COMPLETION D-5 RESOLUTION NO. 67-85 RE: 1985 WEED ABATEMENT CHARGES D-6 ADDITIONS/AMENDMENTS TO CITY JOB CLASSIFICATION PLAN (PULLED) D-7 MONTHLY EXPENDITURE REPORT - JUNE 1985 D-8 MONTHLY STATEMENT OF INVESTMENTS - JUNE 1985 D-9 CHAMBER OF COMMERCE MONTHLY REPORT - JUNE 1985 E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL E-2 CITY ADMINISTRATOR E-3 CITY ATTORNEY F. ADJOURNMENT MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 22, 1985 MORRO BAY RECREATION HALL - 7:00 P.M. Mayor Zeuschner called the meeting to order at 7:00 p.m. ROLL CALL PRESENT: Bud Zeuschner Mayor Ray Kaltenbach Councilmember Jim Miller Councilmember Bruce Risley Councilmember ABSENT: Rose Marie Sheetz Councilmember STAFF: Gary Napper City Administrator Jeff Jorgensen City Attorney Louise Burt Finance Director Forrest Henderson Asst. to the City Admin. Mike Multari Community Development Dir. Steve Wolter Recreation & Parks Dir. Mayor Zeuschner led the Pledge of Allegiance and gave the invocation. ORAL COMMUNICATIONS 1. Andrew Zatko stated that his offer to donate a cannon to be placed at the Veteran's Hall did not include that the cannon should be filled with cement; he intended to fire the cannon at least twice a year on patriotic occasions. He stated that the donation would not be made if the City insisted on filling it with cement. Mayor Zeuschner stated that a letter from the City Administrator regarding this would be coming to Mr. Zatko soon. 2. Deborah Hesch presented a petition to the Mayor with 150 signatures gathered in opposition to the hotel/conference center proposed for South Main Street on the Caratan property. A. PUBLIC HEARINGS, REPORTS & APPEARANCES A-1 PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION'S DENIAL OF VARIANCE FROM MINIMUM LOT SIZE STANDARDS (CASE NO. VAR 09-85) Mr. Multari explained that the applicant owns 3 small adjacent lots and would like to combine 2 of the small lots and build a house on it and another house on the third lot. A variance is necessary because the lots would not meet the minimum standards for that area. The Planning Commission had denied the variance because the project would be out of character with the neighbor- hood. He reviewed the appellant's objections to the action. MINUTES - MORRO REGULAR MEETING PAGE TWO BAY CITY COUNCIL - JULY 22, 1985 Councilmember Risley questioned the figures in the Staff Report regarding the percentage of square feet that the building would cover on the lots. Mr. Multari stated that he would review the figures. Mayor Zeuschner opened the hearing to the public for comments. Don Ross, architect for the project, stated that Staff should not have processed the application as a combined property; two variances were in order and should be addressed as separate issues. He said the Planning Commission's action that the project would be out of character with the neighborhood is erroneous in that many of the homes in the area are on substan- dard lots and, in fact, the project would be in character with the rest of the neighborhood. He stated that the size of the smaller lot qualifies the application for a special circum- stance; also in view of the fact that the City does not have mandatory merger provisions, if the Council does not allow the variance it would constitute a taking of property. Chuck Prescott, resident on Prescott, stated that because sub- standard lots were allowed in the past is no reason to repeat the mistake; he was against the variance. Also speaking aginst the project were George Rodgers, Tom Texiera, and Jim Rodgers. Tim Waddel, applicant, stated that he was not a developer and intended to live in the larger house himself and move his parents into the smaller one. MOTION: Councilmember Risley moved the hearing be closed to the public. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (4-0-1) Jeff Jorgensen, City Attorney, stated that the City was not disputing the fact that the application is for two separate variances. He also stated that because Morro Bay does not have a merger ordinance, there are 3 legal parcels and the possibil- ity exists that the owners of the parcels could sell the lots separately and the Council could be compelled to allow condi- tional building on the parcels, separately. However, the Council is not compelled to grant the variance; it would not constitute a taking of the property. Mr. Multari stated that his calculations show the figures in the staff report regarding the percentage of square footage of building covering the property are correct. MINUTES - MORRO REGULAR MEETING PAGE THREE BAY CITY COUNCIL - JULY 22, 1985 MOTION: Councilmember Kaltenbach moved that Council deny the appeal and uphold the Planning Commission's action. The motion was seconded by Councilmember Risley. Councilmember Risley stated that the project is out of character with the neighborhood; he felt the special provision as to building on substandard lots has to be decided on a case by case basis. Councilmember Miller felt that Council should take into consid- eration the risk factor involved in that the City could end up with 3 small houses on the 3 lots. Mayor Zeuschner said that the Council needs to protect the neighborhood; because the substandard lots were legal at one time does not make it acceptable now or conforming. The motion was carried on the following roll call vote: AYES: Kaltenbach, Risley, Zeuschner NOES: Miller ABSENT: Sheetz MOTION: Councilmember Risely moved that staff be directed to prepare appropriate findings to support denial of the variance request. The motion was seconded by Council - member Kaltenbach and unanimously carried. (4-0-1) A-2 PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION'S ACTION ON AMENDMENT TO CDP TO ALLOW ADDITIONAL SIGNAGE AND EXTERIOR BUILDING TREATMENT Mr. Multari stated that Morro Bay Self -Storage was appealing the Planning Commission's action to table for six months their request to amend a Coastal Development Permit to allow changes to the exterior materials and signage on the east side of their mini -warehouse project. The exterior materials would change the appearance of a large blank wall facing Highway 1 and very visible to traffic. They are willing to alter the appearance of the wall provided they are able to install their sign on this wall advertising their business. The Planning Commission voted to table the matter for six months so that they can see what the effects a new project immediately in front of the building will have on the wall; they felt that the exterior materials and sign could be coordinated with the new project. Mr. Multari reminded Council that the applicant is under no obligation to mitigate the appearance of the wall and six months from now may decline to do so; the applicant feels it is important to advertise his building now. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 22, 1985 PAGE FOUR Michael Corey, property manager for Morro Bay Self -Storage, spoke in favor of the appeal to allow the signage. David Brannon, the architect of the project to be built in front of the Self -Storage building, was not in favor of the exterior materials adjustments. He felt that the landscaping and archi- tecture of his building will mitigate the Self -Storage wall and he presented several renderings of the project to illustrate his point. Detailing on the wall will detract from his project. He felt if a sign was discreetly done, it would be satisfactory; however, he was against modifying the wall. MOTION: Councilmember Risley moved that the public hearing be closed. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (4-0-1) MOTION: Councilmember Risley moved that Council uphold the Planning Commission decision to table the matter for six months. The motion was seconded by Councilmember Kaltenbach. Mayor Zeuschner was in favor of allowing the banner currently on the building to stay for 90 days to assist in signage needs. The motion was unanimously carried. (4-0-1) MOTION: Mayor Zeuschner moved that the applicant be allowed to leave his current banner on the building for an addi- tional 90 days. The motion was seconded by Council - member Risley and unanimousy carried. (4-0-1) A-3 PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION'S APPROVAL OF CUP'S FOR COMMERCIAL GHOST SHRIMP OPERATIONS (CASE NOS. CUP 15-85, A-5); RECOMMENDATION FROM PLANNING COMMISSION FOR ALLOCATION OF $1500 TOWARD DFG STUDY OF GHOST SHRIMPING Mr. Multari explained the history of this item which included the determination by the Local Coastal Program that Conditional Use Permits must be obtained to harvest ghost shrimp in Environ- mentally Sensitive Habitats. All operators involved in harvest- ing ghost shrimp applied for the permits and lengthy hearings have been held before the Harbor and Planning Commissions regarding the effects of this activity on the mudflats; both Commissions approved the CUPs with conditions. The approval was appealed by the Morro Coast Audubon Society on the basis that the Planning Commission determination did not include the larger issues of wetlands/mudflats maintenance and enhancement. The Planning Commission action included a recommendation for Council to allocate $1,500 to help the Fish and Game study of an analysis of the sediment. MINUTES - MORRO REGULAR MEETING PAGE FIVE BAY CITY COUNCIL - JULY 22, 1985 Mr. Multari noted that there is a disagreement between the City and the Department of Fish and Game regarding the City's authority in this matter; the City maintains it has authority to control the harvesting of ghost shrimp within its jurisdictional boundaries. Mayor Zeuschner opened the matter to the public for comment. Phil Persons, President of the Morro Coast Audubon Society, stated that the mudflats are designated by the City as an Environmentally Sensitive Area; the Land Use Plan declares that an ESH shall be protected against any significant disruption and there is no question that disruption is occuring. He requested that the City deny the CUPS and declare a moratorium on ghost shrimping; he indicated that the Morro Coast Audubon Society was prepared to help in the study of this area. Mike Radon, President of the Commercial Fishermen's Organiza- tion, reminded Council that this matter had been studied extensively by the Harbor and Planning Commissions and they had recommended issuance of the CUPS. He stated that the harvesting of ghost shrimping has been going on for 10 years and there is no significant damage yet. Dr. Richard Watkins was concerned about the damage to the mudflats and suggested that Council go outside the area to obtain an opinion on any study generated; he did not think there would be any significant results of a study by December of this year. Ed Ewing stated that there is no evidence that ghost shrimping is causing damage; the Fish and Game Commission is meeting in August and they will decide what the impacts are and the Council should not make a decision until they know of the results of that meeting. John MacDonald did not feel that there would be any meaningful data from the study. Tom Richards, a professor of biology at Cal Poly, stated that he visited the mudflats recently after having last seen them about 2 years ago; he said that the change is amazing and feels that the City does not have time to wait for the study. The hydrau- lic pumping of ghost shrimp is causing a significant impact on the mudflats and should be stopped immediately. Kathy Cordero, a commercial ghost shrimp harvester for 13 years, stated that the Fish and Game study actually began 6 months ago at the behest of the ghost shrimpers because they were concerned MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 22, 1985 PAGE SIX about the affects. She stated that they want to retain the maximum use of the resource without damaging it so that they can continue to use it. , Jean Cartwright stated that she is a frequent visitor of the mudflats and conducts tours of them for students. She said that there are 6 to 8 foot craters as a result of the pumping of ghost shrimp and the water in them is tepid. She feels there is damage being done to this significant environmental heritage of Morro Bay. Gary Robertshaw, ghost shrimp harvester, encouraged the Council to allow the harvesting of ghost shrimping to continue until a study is completed. MOTION: Councilmember Kaltenbach moved that the public hearing be closed. The motion was seconded by Councilmember Miller and unanimously carried. (4-0-1) Councilmember Kaltenbach stated that he had personally observed the damage being done to the mudflats and was in favor of an immediate moratorium on ghost shrimping. MOTION: Councilmember Kaltenbach moved that Council place an immediate moratorium on the hydraulic pumping and harvesting of ghost shrimp and other invertebrate in Morro Bay. The motion was seconded by Councilmember Risley. Councilmember Risley reviewed his study of this issue and per- sonal observation of the damage being inflicted on the mudflats. He felt that the moratorium will not hurt the community and will preserve this environmentally sensitive habitat. Councilmember Miller stated that damage to the mudflats has not been proved; he did not feel that allowing the harvesting of ghost shrimp until the study by the Fish and Game is completed will harm the mudflats. Councilmember Kaltenbach stated that the action only affects about 4 operators and he cannot see risking the damage being done; the bay is for everyone. Mr. Napper asked if the motion included hand pumping of ghost shrimp and Councilmember Kaltenbach said that it did not, just hydraulic pumping. Mayor Zeuschner stated that the Council has a responsibility to maintain a resource; he felt that important questions needed to be answered as to what the recovery time is and what the safe yield is. Until a study is made, the Council should act on the side of caution. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 22,.1985 PAGE SEVEN The motion was carried on the following roll call vote: AYES: Kaltenbach, Risley Zeuschner NOES: Miller ABSENT: Sheetz Staff was directed to draft a resolution including this action and other conditions placed on the matter by the Planning Commission. Councilmember Risley stated that as to participating financially in the study, he felt that it goes beyond just the City and should be participated in by the County, State, and other agen- cies concerned such as the Audubon Society and the Commercial Fishermen. MOTION: Councilmember Risley moved that the City invite other affected agencies to form a task force to study this area. The motion was seconded by Councilmember Kaltenbach and unanimously carried. (4-0-1) It was noted that the study should answer the questions as to the recovery time from ghost shrimping and safe yield. Council recessed at 9:05 p.m. and reconvened at 9:12 p.m. B. UNFINISHED BUSINESS B-1 STATUS REPORT ON MORRO BAY STATE GOLF COURSE TRANSFER Steve Wolter reviewed his staff report on this matter which included a lengthy history of the negotiations between the City, County and State regarding the transfer of the golf course to Morro Bay. He highlighted the terms of the State's proposed agreement which the Staff found objectionable. It is staff's opinion that this is the best the State will do as far as an agreement with the City and direction from Council is appropriate. Councilmember Risley wanted to know how many annual passes the City would be expected to reduce through attrition. County personnel in the audience stated that there were perhaps 600 to 700; Mr. Napper stated that it would be up to the City to come up with a program to accomplish this; however, the City's ability to eliminate the annual passes could be used as criteria by the State in evaluating whether or not to continue City operation beyond their proposed 5-year limit. MINUTES - MORRO REGULAR MEETING PAGE EIGHT BAY CITY COUNCIL - JULY 22, 1985 Mayor Zeuschner suggested that Council hold a public hearing on the matter and refer the contract to the Golf Course Advisory Board and the County for their input. He noted that he was not satisfied with the 5-year term and was inclined to see the County continue to operate the golf course. John Lemons reminded Council that the State does own the park, and is treating the property in much the same way the City treats their Embarcadero lease sites. MOTION: Councilmember Kaltenbach moved that staff submit the contract to the Golf Course Advisory Committee and appropriate members of County personnel for review and comment; and, that a public hearing be set for the Council's first meeting in September. The motion was seconded by Councilmember Risley and unanimously carried. ( 4-0-1 ) B-2 CERTIFICATE OF COMPLIANCE FOR EXISTING LOTS AND WITHDRAWAL OF REQUEST FOR PARCEL MAP - SHASTA AND OLIVE Mr. Napper stated that Council had requested an opinion from the new City Attorney regarding the City's requirement to issue this certificate. Mr. Jorgensen's opinion concurs that the City should issue Certificates of Compliance to indicate that the lots are in conformance with the standards and procedures at the time of their creation in 1959 and are legal lots. He noted that this is an administrative function and no action is required of Council; the appellant will drop the appeal for a lot line adjustment if the certificates are issued. Councilmember Risley reviewed the history of the property which indicates that there never were two lots, but that the lot was created from several portions of lots. The City should not issue a Certificate of Compliance because there has never been a division of the property. Councilmember Kaltenbach stated that if the City approved this request, other property owners could make the same claim and the City would have to grant their request. Mayor Zeuschner asked if Council approval would carry with it any implication of water availability or building permit approval. Mr. Multari stated that it did not; the applicant would have to get a Coastal Permit, water equivalencies, and building permit. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 22, 1985 PAGE NINE Councilmember Miller criticized the Council for first rejecting one City Attorney's opinion, getting the new City Attorney's opinion and rejecting that also. Councilmember Kaltenbach stated it was only an opinion, just that. Mr. Jorgensen stated that based on his analysis, a Certificate of Compliance is warranted. Mayor Zeuschner asked if there was any basis for denial and Mr. Jorgensen stated that the issue involves a separate legal lot which has not been merged; it is entitled to a Certificate of Compliance. MOTION: Councilmember Risley moved that a Certificate of Compliance not be issued. The motion was seconded by Councilmember Kaltenbach. Katherine Walling stated that this has been one lot since 1888. She stated that the whole neighborhood is distressed because of the issue; many of the lots in the area are made up of portions of lots, and others may request this action from Council. She said this will erode the R-1 designation the property owners in the area want to retain. It was noted that the City is in the process of preparing a merger ordinance which will handle problems of this nature. Mayor Zeuschner stated that it was important to protect the standards of the area. The motion was carried on the following roll call vote: AYES: Kaltenbach, Risley, Zeuschner NOES: Miller ABSENT: Sheetz Mr. Multari requested a legal opinion regarding whether or not the Council can tell him not to do something the law says he must do; Mr. Jorgensen will look into the matter. Mr. Napper stated that Mr. Multari will be in touch with the applicant about setting a hearing date for his appeal since Council ordered the Certificate of Compliance not to be issued. C. NEW BUSINESS C-1 RESOLUTION NO. 71-85 APPROVING ENCUMBRANCES FROM FY84-8 Mr. Napper stated that the list totalling $2,026,373 from FY84-85 is from projects approved by Council but incomplete as of the end of FY84-85. MINUTES - MORRO REGULAR MEETING PAGE TEN BAY CITY COUNCIL - JULY 22, 1985 MOTION: Councilmember Risley moved for the adoption of Resolution No. 71-85. The motion was seconded by Councilmember Kaltenbach and carried with Councilmember Miller voting no. ( 3-1 -1 ) C-2 MAINTENANCE AGREEMENT FOR BAYSHORE VILLAGE PUBLIC PARK (PULLED) Mr. Napper stated that this matter will be brought back to Council after the parties involved have reviewed the agreement. C-3 RESOLUTION NO. 69-85 RE: RATIFICATION OF 3-YEAR EMPLOYEE CONTRACT WITH MORRO BAY FIRE FIGHTERS Mr. Henderson reviewed the terms of the contract and distributed information to the Council detailing the costs of the 3-year contract to the City. MOTION: Councilmember Kaltenbach moved for the adoption of Resolution No. 69-85. The motion was seconded by Councilmember Risley and unanimously carried by roll call vote. ( 4-0-1 ) Mayor Zeuschner asked about the other employee units and Mr. Napper stated that they have settled; however, there were a few things to be discussed in closed session. Mayor Zeuschner stated that he has received positive feedback from employees on the way in which Mr. Henderson handled negotiations and thanked him for his efforts. C-4 APPROVAL OF OUTSIDE COMMUNITY PROMOTION EXPENDITURE - HARBOR FESTIVAL TABLOID Mr. Napper stated that the Community Promotions Committee has recommended to Council that they approve promoting the 1985 Harbor Festival by funding the distribution of the Sun - Bulletin's Central Coast Autumn tabloid in Visalia in the amount of $3,357. MOTION: Councilmember Kaltenbach moved for approval of the staff recommendation to fund this advertising in the amount of $3,357. The motion was seconded by Councilmember Risley. Councilmember Risley reported on a speaker from Santa Barbara at the recent conference he attended in Monterey. The subject was on the value of art in changing the quality of life in a community and improving it; at least half of their community promotions funds go to promoting the arts. The Community Promotion's recommendation falls in this category. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 22, 1985 PAGE ELEVEN The motion was unanimously carried. (4-0-1) D. CONSENT CALENDAR D-1 CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JULY 8, 1985 Mr. Napper recommended that Council approve the minutes as submitted. D-2 RESOLUTION NO. 70-85 TO AWARD A CONTRACT FOR CONSTRUCTION OF LIBRARY OFF -SITE IMPROVEMENTS Mr. Napper recommended that Council adopt Resolution No. 70-85 awarding the project to D. W. Peterson Construction in the amount of $23,002.47, and that Council appropriate $7,600 from FY85-86 General Fund contingencies to augment the project's funding. D-3 REVIEW OF BID NO. RP 85-172 FOR LAWN MOWER Mr. Napper recommended that Council reject all proposals and authorize staff to re -advertise for a 4-wheel drive lawn mower. D-4 RESOLUTION NO. 66-85 RE: WASTEWATER TREATMENT PLANT - NOTICE OF COMPLETION Mr. Napper recommended that Council adopt Resolution No. 66-85 and authorize execution of an agreement with performance bond requirements for the remaining minor work. D-5 RESOLUTION NO. 67-85 RE: 1985 WEED ABATEMENT CHARGES Mr. Napper recommended that Council adopt Resolution No. 67-85 approving and ordering the assessment of charges for weed abatement on certain lots in 1985. D-6 ADDITIONS/AMENDMENTS TO CITY JOB CLASSFICIATION PLAN D-7 MONTHLY EXPENDITURE REPORT - JUNE 1985 Mr. Napper recommended that Council adopt the June 1985 Expenditure Report as submitted. D-8 MONTHLY STATEMENT OF INVESTMENTS - JUNE 1985 Mr. Napper recommended that Council accept the report for file. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 22, 1985 PAGE TWELVE D-9 CHAMBER OF COMMERCE MONTHLY REPORT - JUNE 1985 Mr. Napper recommended that Council accept the report for file. MOTION: Councilmember Risley moved for the approval of the Consent Calendar. The motion was seconded by Councilmember Kaltenbach and unanimously carried. ( 4-0-1 ) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL A. Mayor Zeuschner requested Council to direct staff to prepare a resolution commending the public safety personnel involved in fighting the Las Palitas fire. MOTION: Mayor Zeuschner moved that staff be directed to prepare a resolution commending public safety employees who helped out at the Las Palitas fire. The motion was seconded by Councilmember Risley and unanimously carried. ( 4-0-1 ) E-2 CITY ADMINISTRATOR A. Mr. Napper advised that the petition for rezoning the Williams Brothers property did not qualify for a special election after signature verfication. It did, however, qualify for placing on the November 1986 general municipal election with 10% sufficiency. B. Mr. Napper asked Fire Chief Zerr to review activities for decreasing fire hazards on State property. Chief Zerr explained to Council that he had made an inspection with Park Ranger Dennis Hansen and some determinations for mowing areas as a fire break were made. He feels that this will mitigate the fire hazard for adjacent property owners. C. Mr. Napper requested a closed session to discuss employee negotiations. D. Mr. Napper asked Council to adjourn after the closed session to Monday, July 29, 1985 at 7:00 p.m. in the City Hall Conference Room to interview applicants for Harbor Commission. There are also several applicants for TV Franchise Board and those may be included in the evening as well. Councilmember Risley requested the status on hiring a Harbor Manager and Mr. Napper stated that he has been reviewing the applications and will make final determinations for interview selections when he returns from vacation on Monday, July 29th. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 22, 1985 PAGE THIRTEEN E-3 CITY ATTORNEY A. Mr. Jorgensen requested that if Council has questions on his opinions or information he is not aware of, they advise him of such prior to the Council meeting. F. ADJOURNMENT MOTION: Councilmember Kaltenbach moved that the meeting adjourn to closed session to discuss employee negotiations. The motion was seconded by Councilmember Risley and unanimously carried. (4-0-1) The meeting adjourned to closed session at 10:41 p.m. and returned to regular session at 11:08 p.m. MOTION: Councilmember Kaltenbach moved that the meeting be adjourned to July 29, 1985 at 7:00 p.m. in the City Hall Conference Room to interview applicants for Harbor Commission and TV Franchise Board. The motion was seconded by Councilmember Miller and unanimously carried. ( 4-0-1 ) The meeting adjourned at 11:08 p.m. Recorded by: 6�2 6� ARDITH DAVIS Deputy City Clerk