Minutes 1985-03-12
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CITY COUNCIL MARCH 12, 1985
ARROYO GRANDE, CALIFORNIA 7:30 P.M.
The City Council met in Regular Session with Mayor B'Ann Smith presiding. Upon
roll call Council Members Matt Gallagher. Dorace Johnson, Gene Moots and D. G. Porter
were present.
PLEDGE OF ALLEGIANCE AND INVOCATION
Council Member Porter led the Pledge of Allegiance to our Flag. Reverend
Everett L. Taylor, United Methodist Church. deliv~red the Invocation.
APPROVAL OF MINUTES
On motion of Council Member Johnson, seconded by Council Member Gallagher, and
unanimously carried. to approve the Minutes of the Meetings of February 26 and 27,
and Ma rch 6. 1985.
APPROVAL OF CHECKS
On motion of Council Member Johnson, seconded by Council Member Porter. and
unanimously carried. Demand Checks No. P794 through p808 and No. 24816 through 24938,
in the total amount of $265.747.89: and Payroll Checks No. 29996 through 30109, in the
total amount of $75,160.18. were approved for payment as submitted by Finance Director.
PRE5ENTATI ONS
Mayor Smith presented a Proclamation to the Chamber of Commerce, naming the week
March 17 through 23, 1985, as National Agriculture Week. On behalf of the South County
Agriculture Community, Leroy Sarawutari presented to the Mayor and Council Members a
crate of fresh fruits and vegetables grown locally, for their Interest and help In
promoting agriculture in our area.
Parks and Recreation Director John Keisler announced that the City of Arroyo Grande
had received a grant In the amount of $102.000 In Robertl-Z'Berg Harris Urban Open
Space and Recreation Funding, to be used for 50to Sports Complex.
ORAL COMMUNICATIONS
Katherine Glenn, 236 Cross Street, who voiced her objections to the possibility
of her home being faced with the backyard of another home,and to the filler beigg brought
in agai.ns.t the fence. . Mr. Mack said he bel ieved the developer of the tract would be
selling lots and it is unknown who would build or what type.of..s.tructure would be built
or how it would 'be placed on the lot. City Attorney Shaw suggested the matter be
referred to the Plannino .Commission to determine if a change in the zoning ordinance is
necessary.
Marie Cattoir. 195 Orchid Lane, spoke regarding the right of way' commitment and
a variance on property; and requested answers .to questions from the Planning Commission.
CONSENT AGENDA
Consent Agenda Items HC-l, C-3, D-5, E-l, E-2, E-3, E-4 and E-5 were withdrawn
for discussion. On motion of Council Member Porter, seconded by Council Member Gallagher,
and unanimously carried, to approve all other Consent Agenda Items, i nc I ud i ng a 11
subtitles, as recommended.
A. PROCLAMA TIONS: RECOMMEND MA YOR SO PROCLAIM.
1) NatiQnal Agriculture Week in Arroyo Grande - March 17 - 23 .,935
2) Camp Fire Friendship Day in Arroyo Grande - March 23, 1985. .
8. INVITATIONS: ADVISE AS TO PARTICIPATION.
1) 1985 La Fiesta in San Luis Obispo - Parade, Saturday, May 18,1985.
C. MINUTES AND ANSWERED AGENDAS: REVIEW AND FILE.
1) Plannir,g Commission Minutes/ Answered Agenda for 3/5/85.
2) Human Relations Commission Minutes of 2/20/85.
3) Parking and Traffic Minutes of 2/25/85.
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CITY COUNCIL MARCH 12, 1985
ARROYO GRANDE. CALIFORNIA PAGE TWO.
D. REPORTS AND INFORMATIONAL MATTERS: RECOMMEND REVIEW: ACTION AS NOTED, i
AND/OR FILE.
1) Notification of Receipt of 1984 Park Bond Allocations from State Totalling $136,000.
2) Departmental Monthly Report for February, 1985.
3) Youth in Government Day - June 4,1985 - CONFIRM DATE.
4) Life-Line Program - Emergency Medical Service for Citizens of Arroyo Grande.
5) League of California Cities' Legislative Bulletins:
Bulletin No.6 Dated 2/22/85: RECOMMEND OPPOSITION OF ALL PROPOSED
LEGISLATION CIRCLED WITHIN BULLETIN.
Bulletin No.7 Dated 3/1/85: RECOMMEND SUPPORT OF ALL.
6) SCA T Monthly Performance Report for December, 1984.
7) "Runabout" System Monthly Report for February, 1985.
8) SLO County Air Pollution Control District Quarterly Report for 10, 11 and 12., 1984.
9) PIAC (Public Interest Action Center) - Inquiry, Re. Appeal Process - RECOMMENDATION:
Authorize City Manager to send attached response.
E. CONSTRUCTION PAYMENTS: AUTHORIZE PA YMENT.
1) Village Restroom Payment No.2.
2) Soto Park Complex - Miscellaneous Construction, Repairs and New Materials and
Fencing.
3) Reservoir No.1 Roof Payment No.4.
4) Deep Well. Phase IV, Payment No. 10.
5) Brisco Road Payment No.1.
C-l. Planning Commission Minutes/Answered Agenda for 3/5/85.
Mayor Smith questioned the variance granted on the Bowser property and asked for
clarification. Planning Director Eisner said as a part of the design process for the
undergrounding utilities on Traffic Way, Planning Department will be examining the
creation of a new plan line for the ultimate width of the street. He said the applicant
asked to be permitted to build up to the plan line rather than on a set back.
Mayor Smith said she wanted further study on Mrs. Cattoir's comments.
C-3. Parking and Traffic Minutes of 2/25/85.
Council Member Porter asked for clarification of recommendations to the City Council
and Mayor Smith explained that the subject is on the Agenda to .be discussed later.
D-5. League of California Cities' Bulletin.
Council Member Porter asked for clarification of recommendations of the proposed
legi s JOlt ion. City Manager Mack explained his recommendations for Council to oppose
AB-3167, AB-564. AB-190 and AB-525, AB-268.
E-l, Village Restroom Payment No.2.
Council Member Gallagher asked If the new village restrooms provide handicap
access. Mr. Mack said it meets all handicap standards, with one exception, which is
to be corrected.
E-2. Soto Park Complex.
Council Member Porter said there were two bills and asked if they were duplicates.
Mr. Mack said they are two separate bills, one for the fencing company and the other
to the General Contractor.
E-3. Reservoir No. 1 Roof Payment No.4.
Public Works Director Paul Karp said the Progress Payment No.3 had not been
submitted to Council and recommended that both payments be made to the contractor
for work completed.
E-4. Deep Well, Phase IV, Payment No. 10.
Council Member Porter asked for clarification regarding the payment because part
of page was cut off in duplication of the document.
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CITY COUNC I L MARCH 12, 1985
ARROYO GRANDE, CALIFORNIA PAGE THREE
E-5. Brisco Road Payment No.1.
Council Member Gallagher asked if curb, gutter and sidewalk would be installed
along the Brisco Lumber property. Mr. Mack said not as part of this project, because
as previously discussed with Council, the property owner refuses to provide the right
of way and it may be necessary for the City to create a sidewalk improvement district
at a later date.
On motion of Council Member Porter, seconded by Council Member Johnson, and
unanimouslY carried, to approve the Consent Agenda Items C-l, C-3, D-5 and all E items
as recommended.
PUBLIC HEARING: PROPOSEO AOOPTION OF ORDINANCE.MODIFYING MUNICIPAL CODE, TITLE 6,
CHAPTER 6 ANO 7, RE: WATER AND SEWER CONNECTIONS (CONTINUED HEARING)
Mr. Karp summarized the significant changes to the Ordinance and said the reason
for reviewing the Ordinance was to cover new types of projects not considered in the
original ordinances, such as commercial condominiums, and meter installations. Mr.
Karp discussed each change to the Ordinance with Council.
Mayor Smith said the Notice of Publ ic HearIng had been duly publ ished and all
requirements met for this continued Public Hearing and invited the public to address
the CounCi 1. No one came forward and Mayor Smith declared the public portion of
the hearing closed.
Mr. Karp read the title of the Ordinance. On motionof Council Member Gallagher,
seconded by Council Member Moots, and unanimously carried, to dispense with further
reading of the Ordinance.
ORDINANCE NO. C.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING THE ARROYO GRANDE MUNICIPAL CODE BY
AMENDING SECTIONS 309, 401, 403, 405, 406, 407,
AND 701 OF CHAPTER 6 OF TITLE 6 DEALING WITH
SEWER CONNECTIONS.
Mayor Smith said that constituted the first reading of the ordinance.
Mr. Karp read the title of the Ordinance. On motion of Council Member Gallagher,
seconded by Council Member Moots, and unanimously carried, to dispense with further
reading of the Ordinance.
ORDINANCE NO. C.5.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANOE AMENDING THE ARROYO GRANDE
MUNICIPAL CODE BY AMENDING SECTIONS 18 AND 22
OF CHAPTER 7 OF TITLE 6 DEALING WITH WATER SERVICES.
Mayor Smith said that constituted the first reading of the ordinance.
PUBLI C HEAR I NG: PROPOSED AMENDIIENT TO MUNICIPAL CODE OF CITY OF ARROYO GRANDE
PERTINENT TO SIGN REGULATIONS
Mr. Eisner said the draft amendment to the zoning ordinance is brought to Counci I
regarding on-site signs. He said the matter had been reviewed by the Planning Commission
and recommended approval.
Mayor Smith said the Notice of Public Hearing had been duly published and all
requirements met and declared the hearing open. Mayor Smith said the Chamber of
Commerce had requested by letter to continue the public hearing for two weeks, to
permit the Chamber to give input.
JAMES O'KEEFE, Owner of King's Fish & Chips, said he was the only one attending
the meeting that was aware of the Sign Ordinance and that he would like to see
amendments made to the Ordinance. He said the City needs signs that can be seen,
and that will attract the public and the tourists.
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CITY COUNCIL MARCH 12, 1985
ARROYO GRANDE, CALIFORNIA PAGE FOUR.
REUBEN KVIDT, President, Chamber of Commerce, said the Chamber did not have a
representative at the Planning Commission meeting but had received copies of the
draft changes which would be reviewed and feedback provided. He said he would
like to request a continuance of the hearing.
KARL HOGAN, 1255 Poplar, said he would like to ask the Council, the Planning
Commission and the Staff to use restraint, and said some businesses need help with
signs and that they do contribute to the budget of the City.
VIRGIL HOULDING, Owner, Telephone To Go, 1312 Grand Avenue, said he agreed the
signs are important and necessary for businesses.
On motion of Council Member Ga1.1agher, seconded by Council Member Porter, and
unanimously carried, to continue the Public Hearing for two weeks for more public
testimony at that time.
PUBLIC HEARING: APPEAL OF PLANNING COMMISSION'S DECISION OF APPROVAL, RE: LOT SPLIT
CASE NO. .85-408,WALNUT VIEW ESTATES (ELLSWORTH/PACE)
Planning Director Stan Eisner explained on a posted Tract Map the proposed lot
split requested of the 16 acre property located at Southeast Corner Cherry and Branch
Mill Road.
Mayor Smith said the Notice of Public Hearing had been duly published and all
legal requirements met and declared the Continued Public Hearing open for comments
from the publ ic.
dated Ma rch 12, 1985,
Mr. Mack asked that the letter/from Mr. and Mrs. Mel Lusardi, 530 Los Olivos,
be entered into the record. He said the letter generally expressed opposition to
the development of the subject property.
SHIRLEY GIBSON, 277 E. Cherry, questioned Staff regarding the property. Mr.
Eisner said at the present time the zoning on the property is RAB-3, and the General
Plan category for the property is low density residential. He said the request is to
divide the property into four parcels, and theoretically under the existing zoning all
four parcels could again be divided as long as no single lot was smaller than 40,000
sq. ft.
RICHARD HILL, 611 E. Cherry, said the community had been going over this subject
for a year or better and the problem of water has not yet been solved and he felt the
developers should offer a solution to the water problem.
C. KUREK, 6b3 E. Cherry, said the subject has been through the Planning Commission
and through the City Council and suggested the property be left in agricultural land.
LEROY SARAWUTARI, 512 Launa Drive, said he was concerned about the property being
divided again and again until its reduced to RAB-3 lot size, it will increase the
problems of drainage, flag lots and other things that come with poor planning.
JEANNETTE TRIPODI, 521 E. Cherry, spoke in opposition of the requested lot split.
MRS. AL STILLWELL, 734 Myrtle, said she felt the drainage not adequate.
KARL HOGAN, 1255 Poplar St., said on three previous occasions the developers
offered a drainage solution for the right to develop the property. He said the
developers are requesting a lot split into four parcels and he felt consideration
of anything more than that was not warranted at this time.
COKER ELLSWORTH, 145 S. Halcyon, said he had heard continuing arguments regarding
dens i ty, traffic, and drainage and pertaining to the conditions of approval on the
four lots he said as far as curbs and gutters, he felt it totally unfair for four
lots of four acres each compared to other city lots that are smaller and denser. He
said he has a problem with the 120 ft. strip across the property as a reservation or
easement, that he pays taxes on and cannot use.
Mayor Smith called for others to speak, and then declared the hearing closed.
Council discussion followed concerning the natural resources, traffic, drainage
and the desire to keep the property as agriculture land.
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CITY COUNC I L MARCH 12, 1985
ARROYO GRANDE, CALIFORNIA PAGE FIVE.
A motion was made by Council Member Johnson, seconded by Council Member Porter,
to grant the Appeal and deny the tentative parcel map based upon the following
findings:
1. Design endangers public health, safety and welfare by accentuating rather
than lessening the ability to solve flooding and drainage problems.
2. Design is not consistent with the City's General Plan which contemplates
one acre lot densities. If parcel is to be split into larger parcels than one acre,
the City should change its General Plan to show agricultural usage and larger
five acre parcels for all Class I and II soils.
3. Design of the subdivision is not appropriate:
e.g. A. Hillside should remain under one ownership
B. Long narrow lower lots paralleling Cherry Avenue would be better
with a lot line perpendicular to Cherry, splitting lower land into
two lots.
rese rva t i on
4. Design interferes with a public access easement/to the water tank. Another
property line across that easement will Inevitable lead to gates and other
interferences with the easement.
On the following roll call vote. to wit:
AYES: Council Members Gallagher, Johnson, Moots, Porter and Mayor Smith
NOES: None
ABSENT: None
the motion carried.
COUNCIL RECESSED FROM 9:36 P.M. to 9:47 P.M.
On motion of Council Member Porter, seconded by Council Member Johnson, and
unanimously carried, to refer the subject to the Planning Commission for consideration
of whether the General Plan should be changed to Agriculture on the Ellsworth/Pace
Walnut View Estates property, and to report back to Council.
ARCHITECTURAL REVIEW CASE NO. 84-319, PROPOSED 21 UNIT MOTEL, GRAND.AVENUE BETWEEN
HALCYON ROAD.ANDALDER.STREET(PUBLIC.HEARING.ClOSED'AND'MATTER'CONTINUED'FROM.2/26/85.
City Attorney Shaw referred to his memo of March 7, 1985, which set out some of
the problems for Council consideration, and said he had prepared a moratorium ordinance
on kitchenette motels and motels in the H-S zone.
Mr. Shaw read the Ordinance in its entirety.
ORDINANCE NO. 319 C.S.
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
ARROYO GRANDE PROHIBITING APPROVALS OF PERMITS
OR OTHER ENTITLEMENTS FOR MOTELS, INCLUDiNG
KITCHENETTE TYPE MOTELS, PENDING STUOY OF
CONTEMPLATED ZONING PROPOSALS.
On motion of Council Member Porter, seconded by Council Member Gallagher, and
on the following roll call vote, to wit:
AYES: Council Members Gallagher, Johnson, Moots, Porter and Mayor Smith
NOES: None
ABSENT: None
the foregoing Ordinance, effective immediately, was passed and adopted at this
reNding on the 12th day of March 1985.
On motion of Council Member Johnson, seconded by Council Member Gallagher, and
unanimously carried, to deny the motel at this time pending the conclusion of the
City's study.
Mayor Smith added to Mr. Eisner that now is the time to review commercial uses
in the H-S zone to determine if changes are needed.
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CITY COUNCIL MARCH 12, 1985
ARROYO GRANDE, CALIFORNIA PAGE SIX..
VEHICLE ANO GENERAL STORAGE WITHIN R-l, RESIDENTIAL, ZONE SETBACKS AND YARDS
Mr. Mack said Council consideration on several points is needed-and following
discussion, Council decided on a Study Session to be held on Wednesday, March 20,
1985, at 1:00 P.M.
RESOLUTION ADOPTION: EL CAMINO REAL/NORTH HALCYON ROAD STOP SIGN INSTALLATION
Mr. Karp read the title of the Resolution. On motion of Council Member Gallagher,
seconded by Council Member Moots, and unanimously carried, to dispense with further
reading of the Resolution.
RESOLUTION NO. 1828
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ESTABLISHING A BOULEVARD STOP SIGN
AT THE INTERSECTION OF EL CAMINO REAL AND NORTH
HALCYON ROAD.
On motion of Council Member Gallagher, seconded by Council Member Moots, and
on the following roll call vote, to wit:
AYES: Council Members Gallagher, Johnson, Moots, Porter and Mayor Smith
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted the 12th day of March 1985.
RESOLUTION ADOPTION: STAGECOACH ROAD/GULARTE ROAO STOP SIGN INSTALLATION
Mr. Karp read the title of the Resolution. On motion of Council Member Gallagher,
seconded by Council Member Moots, and unanimously carried, to dispense with further
reading of the Resolution.
RESOLUTI ON NO. 1829
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ESTABLISHING A BOULEVARD STOP SIGN
AT THE INTERSECTION OF STAGECOACH ROAD AND GULARTE
ROAD.
On motion of Council Member Gallagher, seconded by Council Member Moots, and on
the fol lowing roll call vote, to wi t:
AYES: Council Members Gallagher, Johnson, Moots, Porter and Mayor Smith
NOES: None
ABSENT: None
the fore90ing Resolution was passed and adopted the 12th day of March 1985.
RESOLUTION ADOPTION: STAGECOACH ROAD/PLATINO LANE STOP SIGN INSTALLATION
Mr. Karp read the title of the Resolution. On motion of Council Member Gallagher,
seconded by Counei 1 Member Moots, and unanimously carried, to dispense with further
reading of the Resolution.
RESOLUTI ON NO. 1830
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ESTABLISHING A BOULEVARD STOP SIGN
AT THE INTERSECTION OF STAGECOACH ROAO AND PLATINO
LANE.
On motion of Counci lman Gallagher, seconded by Counci lman Moots, and on the
following roll call vote, to wit::
AYES: Council Members Gallagher, Johnson, Moots, Porter and Mayor Smith
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted the 12th day of March 1985.
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CITY COUNCIL MARCH 12, 1985
ARROYO GRANDE, CALIFORNIA PAGE SEVEN.
RESOLUTION ADOPTION: ORO DRIVE/PLATINO LANE STOP SIGN INSTALLATION
Mr. Karp read the title of the Resolution. On motion of Councilman Gallagher,
seconded by Councilman Moots, and unanimously carried, to dispense with further
reading of the Resolution.
RESOLUTION NO. 1831
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANOE ESTABLISHING A BOULEVARD STOP SIGN
AT THE INTERSECTION OF ORO DRIVE AND PLATINO LANE
On motion of Councilman Gallagher, seconded by Councilman Moots, and on the
foJlowing roll call vote, to wit:
AYES: Council Members Gallagher, Johnson, Moots, Porter and Mayor Smith
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted the 12th day of March 1985.
RESOLUTION ADOPTION: JAMES WAY/OAK PARK BOULEVARD STOP SIGN INSTALLATION
Mr. Karp read the titJe of the Resolution. On motion of Councilman Gallagher,
seconded by Councilman Moots, and unanimously carried, to dispense with further
reading of the Resolution.
RESOLUTION NO. 1832
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ESTABLISHING A TEMPORARY BOULEVARD
STOP SIGN AT THE INTERSECTION OF JAMES WAY AND
OAK PARK BOULEVARD.
On motion of Councilman Gallagher, seconded by Councilman Moots, and on the
following roll call vote, to wi t:
AYES: Council Members Gallagher, Johnson, Moots, Porter and Mayor Smith
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted the 12th day of March 1985.
RESOLUTION ADOPTION: NO PARKING ZONE, 495 TO 509 GRAND AVENUE
Mr. Karp read the title of the Resolution. On motion of Counci Iman GaJlagher,
seconded by Councilman Moots, and unanimously carried, to dispense with further
reading of the Resolution.
RESOLUTION NO. 1833
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANOE ESTABLISHING A "NO PARKING" ZONE
ON A PORTION OF GRAND AVENUE, 495 TO 509 GRAND
AVENUE.
At this point, Mr. James O'Keefe, 1351 Grand Avenue, addressed the Council
requesting delay of any more red ~oning for nO parking on Grand Avenue for a period
of at least thirty days, due to a petition being drawn up. Council advised Mr.
O'Keefe that the no parking had been requested by the people concerned, and Mr.
O'Keefe withdrew his request.
O~ motion of Councilman Gallagher, seconded by Councilman Moots, and on the
following roll call vote, to wit:
AYES: Council Members Gallagher, Johnson, Moots, Porter and Mayor Smith
NOES: None
ABSENT: None
the forego i ng Reso I uti on was passed and adopted On the 12th day of Ma rch 1985.
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CITY COUNCIL MARCH 12, 1985
ARROYO GRANOE, CALIFORNIA PAGE EIGHT.
: RESOLUTION ADOPTION: 30-MINUTE PARKING ZONE, 1350 GRANO AVENUE
Mr. Karp read the title of the Resolution. On motion of Councilman Gallagher,
i seconded by Councilman Moots, and unanimously carried, to dispense with further
i readi ng of the Resolution.
RE50LUTI ON NO. 1834
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ESTABLISHING THIRTY (30) MINUTES
PARKING ZONES ON A PORTION OF GRAND AVENUE
(1350 GRAND AVENUE ENCOMPASSING A MINIMUM OF
THREE (3) PARKING SPACES.
Mr. James O'Keefe, 1351 Grand Avenue, voice objection to vehicles being allowed
to park on Grand Avenue with For Sale signs on them and he requested a two hour limit
be incorporated. Councilman Gallagher agreed the vehicles for sale should be cited.
Mr. Mack explained the County Savings Bank had requested by Jetter the limited parking
to eliminate parking by employees of adjoining businesses in front of the Bank. Mr.
O'Keefe pointed out that the vehicles would come across the street and park in front
of his business for long term parking.
Following further discussion, a motion was made by Councilman Gallagher, seconded
by Councilman Moots, and on the following roll call vote, to wit:
AYES: Council Members Gallagher, Johnson, Moots, Porter and Mayor Smith
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted the 12th day of March 1985.
RESOLUTION ADOPTION: CROSS STREET RIGHT OF WAY DEDICATION ACCEPTANCE (CONTINUED)
Mr. Mack said Council had authorized him to negotiate an agreement among all parties
involved with curb, gutter and driveway work on Cross Street. He presented an
Agreement signed by all parties, ana .explained the conditions in detail.
Mr. Mack. read the title of the Resolution. On motion of Councilman Gallagher,
seconded by Councilman Moots, and unanimously carried, to dispense with further
reading of the Resolution, and attaching and incorporating the Agreement in the Resolution
RESOLUTI ON NO. 1835
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ACCEPTING CROSS STREET OFFER OF
DEDICATION AS SHOWN ON PARCEL MAP AG 77-105.
On motion of Councilman Gallagher, seconded by Councilman Moots, and on the
following roll call vote, to wit:
AYES: Council Members Gallagher, Johnson, Moots, Porter and Mayor Smith.
NOES: None
ABSENT: None
the foregoi ng Resolution and Agreement was passed and adopted the 12th day of March 1.985.
RESOLUTION OPPOSING PG&E PROPOSED RATE INCREASE
Council Member Gallagher read the Resolution in its entirety.
RESOLUTI ON NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANOE OPPOSING THE PROPOSED RATE INCREASE
OF THE PACIFIC GAS AND ELECTRIC COMPANY TO RECOVER
ALL COSTS OF DIABLO CANYON NUCLEAR POWER PLANT.
Council expressed non-support of the Resolution as written.
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CITY COUNCIL MARCH 12, 1985
ARROYO GRANDE, CALIFORNIA PAGE NINE.
JAY CONNER, 542 Cotilla Hog, said none of the costs had been passed on to any
rate payer, and the stockholders have borne the whole cost of the plant to date and
they are able to maintain the highest level of return to the stockholders.
ELLA HONEYCUTT, 560 Oak Hill Road, said she felt the Council had a responsibility
to rewrite the Resolution and take a position.
MARIE CATTOIR, 195 Orchid Lane, said she felt the Council must go on record
regarding any rate increase, and reported a hearing is scheduled for March 21 and 22,
at 1 :00 P.M. in the San Luis Obispo City Council Chambers.
KARL HOGAN, 1255 Poplar Street, said he thought the best way to reduce costs at
the plant would be to allow it to operate because more delay wi 11 lead to more fees.
Council Member Gallagher made a motion to accept the Resolution. The mot i on
died for lack of second.
Mayor Smith directed the Staff to prepare a Resolution stating concern regarding
a rate increase and present it at the Adjourned Meeting.
PROPOSED AMENDMENT TO CITY CODE, PERTINENT TO PROCESS OF APPEALING PLANNING COMMISSION
DECISIONS DIRECTLY TO CITY.COUNCIL.
Mr. Mack said that the City Code provides that any person may appeal a decision
of the Planning Commission to the City Council in written form within 10 calendar days
of Planning Commission action. He said a $50 filing fee must be attached to the
appeal. He said "any person" means a City official could appeal, but questioned the
filing fee exercise. He said Council had requested that Staff come back to Council
with an Ordinance that clarifies the right of any City official to make an appeal and
also to waive the $50 filing fee.
Mr. Mack read the title of the Ordinance. On motion of Councilman Gallagher,
seconded by Counc,i1man Moots, and' unanimously carried, to dispense with further reading
of the Ordinance.
ORDINANCE NO. C.S.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE
AMENDING THE ARROYO GRANDE MUNICIPAL CODE
BY AMENDING TITLE 9, CHAPTER 4, SECTION
9-4.3106 (a) RELATI NG TO "APPEALS".
Mayor Smith said that constitutes the first reading of the Ordinance.
CCCJPA MEDICAL COVERAGE--WITHDRAWAL OF PARTICIPATION
Mr. Mack explained in detail the present coverage the City carries with CCCJPA
and further explained the workings of a Health Maintenance Organization (HMO). He
said the local HMO is called Health Net and is operated by Blue Cross and is offered
to City employees at this time. He said in order to withdraw from CCCJPA, it mus t
be done by Apri 1 1, 1985.
On motion of Council Member Johnson, seconded by Councilman Moots, and unani-
mously carried, to authorize the Mayor to sign the attached notice of withdrawal
from the CCCJPA Medical Plan prior to April 1, 1985.
TRACT MAP 1158, OAK PARK VILLAS, FINAL APPROVAL
Mr. Karp explained on a posted map the location, and said if the developer
wished to develop low density residential it would be in conformance with General
Plan. He said the developer provided a 70 lot division, has posted the necessary
bonds and fees and recommended that Council approve the Tract Map for recordation
subject to seven conditions listed in the memo of March 8, 1985.
Following Council discussion, a motion was made by Council Member Johnson,
seconded by Council Member Moots, and unanimously carried, to accept the final
approval of Tract Map 1158, Oak Park Villas, with the seven conditions attached.
ABANDONMENT OF PUBLIC RIGHT OF WAY, 407 EL CAMINO REAL
Mr. Karp said Council had before them a Resolution which must be adopted if
City is to complete the previously discussed abandonment in front of the Bed and
Breakfast Inn owned by Rudy Veland. Mr. Karp read the title of the Resolution.
On motion of Counci I Member Gallagher, seconded by Counci I Member Moots, and
unanimously carried, to dispense with further reading of the Resolution.
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CITY COUNCIL MARCH 12, 1985
I ARROYO GRANDE, CALIFORNIA PAGE TEN.
I
; RESOLUTION NO. 1836
I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
I ARROYO GRANDE SETTING FORTH ITS INTENTION TO VACATE
I AND ABANDON A PORTION OF EL CAMINO REAL, IN THE
CITY OF ARROYO GRANDE, AND FIXING TIME AND ~LACE
;
FOR HEARING AS PROVIDED BY GOVERNMENT CODE SECITON
\ 50430, ET SEQ.
I On motion of Council Member Gallagher, secondea by Council Member Moots, and on
I the fa 11 ow i n9 ro 11 ca 11 vo te, to wit:
,
! AYES: Counei 1 Members Ga 11 agher, Johnson, Moots. Porter and Mayol- Smi th
NOES: None
ABSENT: None
! the foregoing Resolution was passed and adopted the 12th day of March 1985.
DENIAL STRIP CREATION, TRACT 550, CERRO VISTA CIRCLE
Mayor Smith said it was requested to have the item continued for two weeks.
On motion of Council Member Gallagher, seconded by Council Member Moots, and
unanimously carried, to continue the item for two weeks.
WRITTEN COMMUNICATIONS
None
ORAL COMMUNICATIONS
None
ADJOURNMENT
Mayor Smith adjourned the City Council to Closed Session at 11:30 P.M.
RECONVENEMENT AND ADJOURNMENT
The Council reconvened at 12:42 A.M. from Closed Session. On motion of Council
Member Porter, seconded by Council Member Moots, and unanimously carried, to adjourn
to Wednesday, March 20, 1985, at 1:00 P.M. Council adjourned at 12:44 A.M.
MAYOR
ATTEST:
DEPUTY CITY CLERK