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Minutes 1983-05-24 r C) CITY COUNC IL MAY 24, 1983 ARROYO GRANDE, CALIFORNIA The City Council met in regular session with Mayor Smith presiding. Upon roll call, Council Members Lawrence Vandeveer, Matt Gallagher and Mark Millis reported present. Council Member Hogan is absent. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Pro Tem Gallagher led the Pledge of Allegiance to our Fla9. Thereafter, Father Michael O'Sullivan of St. Patrick's Catholic Church in Arroyo Grande, delivered the invocation. APPROVAL OF MINUTES On mot i on of Counci Iman Vandeveer, seconded by Counci Iman Ga II agher and unanimously carried, the minutes of the May 10,. 1983, meetin9 were approved as presented. APPROVAL OF WARRANTS On mot i on of Counc i I man Vandeveer, seconded by Counci Iman Ga II agher and unanimously carried, Demand Warrants No. 19923A through No. 19936A and No. 19937 throu~h No. 20016, in the total amount of $221,041.94; and Payroll Warrants No. 24952 through No. 25054, in the total amount of $71,310.99, were approved for payment as presented by Finance Director Bacon. NOTICE OF ~GENDA ADDITION Mayor Smith announced that a progress report on the eucalyptus trees on The Pike was inadvertently omitted'from the Agenda, and is added as' Item 10-C. ORAL COMMUNICATIONS - None. APPROVAL OF CONSENT AGENOA ITEMS Counci Iman Vandeveer requested Item #7-E be wi thdrawn from the Consent Agenda; Councilman Millis requested Items #7-F and #7-G be withdrawn; and Counci Iman GaHagher requested Item #7-.0 be withdrawn for further discussion. Thereafter, on motion of Councilman Millis, seconded by Councilman Vandeveer . and unan imous.ly carr i ed ,Consent Agenda Items #7-A through #7-K, wi th the exc I us ion of Items #7-'f>. through #'}-& ,were approvecl as per the recommendat ions. A. Appeal by Tony Decker (Shannon Ranch) to Planning Commission's Decision of May 5, 1983- Denial of Prezonlng from A9rlcultural District to Planned Industrial, Case No. 81-151 - AND Noti fication of Pub! ic Hearing to be held , \ June 28, 1983, at 8:00 P.M. be'fOre City Counci I. FOR INFO PURPOSES ONLY. B. Rec09nition of Arroyo Grande Reserve Pol ice Officer James Mi Iler for Out- standin9 Achievements at Basic Pol ice. Academy--Valedi ctorlan Awar.d for Hi9hest Grade Point Average; Recipient of Expert Shooting Medal and "Outstanding Cadet." RECOMMEND ACKNOWLEDGEMENT WITH CONGRATULATIONS AND FILE. C. Request by .lighthouse Christian School for Fee Exempt License to Sell Fresh Cherries with City of Arroyo Grande. RECOMMEND COUNCil SO APPROVE. H. Receipt of Minutes of April 20, 1983, Meetln9 of South. San Luis Obispo County Sanitation District. RECOMMEND REVIEW AND FILE. '1. Notice of Open Meetin9, Re: lease Sale 73 at Santa Barbara on May 21, .1983. FOR INFO PURPOSES ONLY. J. Request for Authorization to go to Bid for .Asphalt Overlay. RECOMMENO COUNCIL SO APPROVE. K. Request for Authorization to 90' to Bid, Re: Construction of Sewer Mains. RECOMMEND COUNCIL 50 APPROVE. D. Notification by League of California Cities, Re. 1984 Pending Dues Increase. FOR NOTIFICATION PURPOSES ONLY. Councilman ,Gallagher stated his feeling that the 28% increase in dues being requested by the League was exorbitant. Council Members Millis and Vandeveer felt th~ yearly dues were well worth the usefulness of the league to the cities. -.-..- ~-- .~ ':) CITY COUNCIL MAY 24, 1983 ARROYO GRANDE, CALIFORNIA PAGE TWO E. Receipt of Legislative Bulletins (Nos. 22 and 23) from League of Cal i'fornia Cities, Plus Others. RECOMME~p REVIEW; APPLICABLE ACTION, IF ANY; AND.FILE. Councilman Vandeveer requested that letters of opposition be sent to 1 members of the Senate Finance Committee if the vote for reconsideration of Compulsory and Binding Arbitration (SB 778-Dills) had passed. City Manager Mack stated that letters had already been prepared to be sent to. the finance Committee, pending Council approval. After Council discussion, a motion was made by Councilman Vandeveer, seconded by Councilman Gallagher and carried, authorizin9 City Manager Mack to send out letters opposing SB 778 re: Com- pulsory and Binding Arbitration, to Senator Maddy and other Senate finance Committee members. Councilman Gallagher also requested the City's opposition to SB 142, Total Preemption of Local Sign Ordinance, be sent to proper representatives, if the vote on it had not already taken place. After Council discussion, a motion was made by Councilman Gallagher, seconded by Councilman Millis and carried, approving Councilman Galla9her's request reo 5B 142, as stated above. f. Receipt of Zone Three Advisory Committ~e's Agenda, with Accompanying Data, for Meeting of May 19, 1983, Plus Others. RECOMMEND REVIEW AND fiLE. Councilman Millis reported on the annual calculations made by the County and presented to Zone 3 for surplus Lopez water, and a price set for sale of said surplus. He referred the Council and City Staff to the Lopez Water Supply Contract, with particular reference to the portion addressing the manner in which price for sale of the .surplus water is set.. He stated his interpretation of the guidelines indicate that the price recommended to Zone 3 at its May 19th meeting falls short of what should be charged. Director of Public-Works Karp indicated that the County has already been asked to justify its fi.9ures as even the computations presented are not too clear in the manner in which they were arrived at. After Council discussion, a motion was made by Counci lman Vandeveer, seconded by Councilman Millis and carried, directing that cost and sale of surplus Lopez water .be reviewed by City Staff and returned to the Counci 1 at its next regular meeting for further consideration. G. Receipt of Parking and Traffic Commlssion's Minutes for Apri 1 18,- 1983. RECOMMEND REVIEW AND FILE (NO COUNCIL ACTION REQUIRED AT THIS TIME) . Councilman Millis asked whether the Parkin9 & Traffic Commission had discussed a change in. its meeting time, as previously requested by the Council. Director of Pub Ii c Works Karp stated he had encouraged .the Convni ss i on to consider changing their meeting time to 7:30 P.M. No action, however, had been taken by the Commission. After Council discussion, a motion was made by Councilman Millis, seconded by Councilman Gallagher and carried, directing City Staff to ~raft an ordinance changin9 the meeting time of the Parking & Traffic Commission to 7:00 P.M. PUBLIC HEARING - SONIC CABLE T.V. RATE INCREASE - ORDINANCE 1ST READING City Manager Mack reviewed the background of this request and discus- \ sion of the matter at previous Council meetin9s. \ The hearing having been properly noticed and published, Mayor Smith opened it for public comment. NEVILLE ROMAIN, 1120 The Pike, stated the cable service continues to be bad and he sees no improvement in it. BILL HARGAN, Executive Vice President of Sonic Cable Television, 755 Santa Rosa, San Luis Obispo, stated the .rebuilding of the entire system is now complete. ) ( :J CITY COUNCIL MAY 24, 1983 ARROYO GRANDE, CALIFORNIA PAGE THREE STEVE BURRELL of Sonic, explained through the use of graphs and diagrams, how satellite signals are received, where and how the Los Angeles signals are picked up, and how the microwave distribution system at Cuesta Peak sends the signals to the various subscribing communities. MR. HARGAN continued the visual. presentation to clarify SONIC's eco- nomic situation, stating that if Sonic were following the Consumer Price Index, the cable rate should be $17.55. He stated. the rate increase being requested from $8.00 per month to $9.00 per month needs to be in effect July 1, 1983. GEORGE HILL, 288 Sunrise Drive, stated that reception of Cable has been terrible in the Sunrise Terrace Mobile Home Estates. STEVE BURRELL explained that this mobile home park owns Its Internal cable television system and that although Sonic had offered to take over the system and upgrade it while the rest of the City's system was being rebuilt, their offer was not accepted by the owners of the mobile home park. He stated the reception problems in the park are due to the internal system being old and in need of repairs; but .Sonlc's hands are tied to provide better service since they have no control over It beyond the main connection to the park. GEORGE BURTON, 350 Sunrise Drive, of the Mobile Home Associates, stated he has called other areas being served by Sonic when transmission problems occur at .the park, and, they have also reported outages at the same time. STEVE GORDON of SONIC explained how outages at certain points effect lines to various areas being served. Councilman:Gallagher stated that poor reception was still being received since the rebuilding of the system. .Mr. Burrell stated. that City Manager Mack had indicated receiving only three complaints of poor reception since completion of --the rebuilding. EDITH LINDLEY, 836 Kingsbury Drive in Sunrise Terrace Mobile Home Park, complained about the poor reception and service. RUSS MERRIS, 345 Sunrise Drive, Manager of the 5un'rlse Terrace Mobi Ie Home Estates, stated the park has 540 residents very disenchanted with Sonic service. He further requested that a rate increase be held in abeyance until an independent study is made of the Park's system, which Sonic claims is defective. The study will be completed by the 31st of this month and a report on its 'results given the City around the 1st of June. NEVILLE ROMAIN, The Pike, stated that the TV picture is subject to regular disruptions and cited his dissatisfaction with the way complaints are handled by Sonic. ED AIKEN,.. 432 Gar.den Street, commented regarding poor service and trans- missions, stating that this should have been corrected by the recent rebuilding. He further cited his disappointment with Channel 6. City Manager Mack questioned SONIC on various matters, as follows: 1) What is the anticipated life of the major improvements put in? Mr. Hargan answered 12 to 15 years; 2) Should the increase be given, would Sonic put in sufficient monies to maintain the improvements at the quality level of the stated life of the system? Mr. Hargan answered in the affirmative. 3) City Manager Mack.asked what criteria this Counci I should use to measure the rate increase request. Mr. Hargan replied the need for a greater return on invested capital, which now is less than the national rate. Wi th the rate increase, Sonic would realize a 14t% composite with a 16% return. 4) City Manager Mack inquired as to Sonic's previous statement that they have the uni lateral right to increase the rate without Council approval. Mr. Hargan stated that this right was available and that Sonic does qualify for deregula- t ion. 5) City Manager Mack then asked why Sonic keeps coming back before the Council with its rate increase request. Mr. Hargan briefly outlined deregulation statutes and indicated Sonic's preference to not deregulate, because of the paper work involved and fees assessed by the California Public Broadcas t i ng Sys tem Foundat i on, wh i ch Son i c wou Id rather pay to the City. ---- -~ ( ':) CITY COUNCIL MAY 24, 1983 ARROYO GRANDE, CALIFORNIA PAGE FOUR Councilman Millis asked how many basic cable subscribers there are from th i s C i .ty. Mr. Hargan replied 4,222 includir~, the commercial hookups. ., Mayor Smith requested clarification of the Sunrise Mobile Home Estates situation. Mr. Hargan stated that Sonic is waiting outside the gate to take the system over and that the park is billed a bulk rate, but if Sonic were to take over the system, the subscribers would be billed individually. In answer to Councilman Vandeveer, Mr. Hargan stated that Sonic does go into the park to try to maintain it, even though the system does not belong to them, but it definitely needs a new rebuilt system. MRS. LINDLEY reiterated problems with service and transmissions being experienced by subscribers of Sunrise Park. GEORGE HILL of Sunrise Terrace commented on Sonic's desire to buy the internal system. Mr. Hargan explained further the attempts made to resolve problems with '-' Sunrise Terrace.ls system. RUSS .MERRIS commented further, stating they wanted something definite regarding alleged problems of the Park's system. STEVE GORDON of Sonic further explained some of the problems with the Park's internal system. There being no further public comment on this matter, Mayor Smith declared the hearing closed. Council discussed the matter at length, basically having no objection to the requested rate increase but questioning the quality of transmissions and servi ce call.s. Further discussion was also held regarding Councilman Gallagher's previous suggestion that a survey be conducted by Sonic Cable TV, whereby every fifth'Sonic subscriber is mailed a questionnaire requesting they respond to que.stions regarding quality of service, response to service calls, etc., ~/ith responses to be mai led to City Hall where tabulation would take place. After Council discussion, a motion was made by Councilman Millis, seconded by Councilman Gallagher and carried, directing that Sonic Cable TV have every fifth subscriber picked from its computer list and sent a survey questionnaire, with the response to be sent to Arroyo Grande City Hall for :tabulat ion. Said survey to include a request for response to questions regarding qua.lity of service and Sonic'~ handling of calls for service. Mr. Hargan pointed out that Sonic needs 21 days lead time to notify subscribers of a rate increase and that they would not be sending survey questionnaires to bulk rate subscribers, such as Sunrise Terrace Mobile Home Estates. After further Council discussion and direction, City Attorney Shlpsey prepared and read for its first reading, the title of an Ordinance amending the Municipal Code to increase the basic Sonic Cable TV's monthly rate from $8.00 to $9.00. Thereafter, a motion was made by Councilman Vandeveer, seconded by .Councilman Gallagher and un~nlmously carried, to dispense with reading the balance of the Ordinance. MAYOR SMITH DECLARED A BRIEF RECESS The Counci I reconvened with all members present as shown on roll call. PROGRESS REPORT - EUCALYPTUS TREES ON THE PIKE City Manager Mack reported that a person has come forth to take down 38 leaning eucalyptus trees on The Pike, in exchange for keeping the wood from said cut trees. The person Is working out the liability Insurance matter with the property owners. The proposed agreement presented at the Council's last meeting was briefly discussed and certain amendments will be "\ , r- i:J CITY COUNC I L MAY 24, 1983 ARROYO GRANDE, CALIFORNIA PAGE FI VE made to it to clarify certain aspects of it, before it is presented for signing to owners of the eucalyptus trees, residents of The Pike, and the City. NOTICE OF LAFCO'S "SPHERE OF INFLUENCE STUOY" AVAILABLE Mayor Smith reported that LAFCP's studies on the Spheres of Influence are now available and they have continued their public hearing to June 16th. Councilman Millis stated this was a significant document and a public hearing should be held on it at the Council's June 14th meeting. PROGRESS REPORT - MOSQUITO ABATEMENT IN CITY Director of Public Works Karp. reported that the County has set out traps and identified some species of mosqui.tos, which is necessary in order to determine which method of abatement is necessary. He further stated that complaints about mosquitos have been received at the Sports Complex. He stated mosquito fish might be used to help the situation, If they become available. City Manager Mack explained that to use sprays, I I cens es and expertise is required, which the City does not have. Councilman Millis requested that funds for mosqui to abatement be budgeted now, so they are available .at the onset of the problem next year. AUTHORIZE PURCHASE OF CITY'S PRORATED SHARE OF SCAT FARE BOX SHORTFALL Courrcil reviewed a report from City Manager Mack indicating an antici- pated shortfa 11 in SCAT's fare box revenues, which could effect the CIty's street maintenance funds. Mayor Smith reported that SCAT's Board has requested each member city of_SCAT contribute its prorated share of the anticipated shortfall, which for the City is estimated at .$1,140.00. In . return for the shortfall contribution, the cities would receive SCAT tokens, to be distributed at each city's discretion. Four possible distribution methods were reviewed. After Council discussion, a motion was made by Councilman Gallagher, seconded by Councilman Vandeveer and carried, author- izing the City to make up the 38% fare box shortfall anticipated as this CI ty' s prorated.share among SCAT membership. , Means o-fdistributlng the tokens will be discussed at a later Council , meeting. I REVIEW OF NUTRITION TRANSPORTATION CONTRACT - REEVALUATE NEED Council reviewed a report from City Manager Mack regarding the con- tract this City.has with the Grover City Senior Citizens organization to transport Arroyo. Grande residents to the Nutrition Program In the meal center in Grover City. During the current contract period, which started. July 1, 1982, only eTeven residents have availed themselves 'of the service, with only six using the transportation service to the meal center recently. After Council discussion, a motion was made by Councilman Vandeveer, seconded by Louncilman Millis and carried, accepting City Manager Mack's recommendation to request the Area Planning and Coordinating Council I . reeva 1 uate the "reasonab 1 eness" of meet I ng these trans I t needs and to request E.O.C., which generates these transit needs through its nutrition program, to assume transit responsibility of the Area Planning and Coordinat- ing Council and determine that these transit needs are reasonable to meet. AMENDMENT PROCESS TO ADOPTED CITY EMERGENCY PLAN Mayor Smith reported that she has been asked by residents of the City to review its adopted Emergency Plan, in light of the recent earthquake disaster in Coalinga. She suggested that perhaps a citizen's committee could work with the Chief of Police to address areas of concern and make certain they are covered in the Plan. Police Chief Clark was present and reported that copies of the Plan have been distributed, training seminars ! attended, and valuable information gathered at a recent meeting with I Coalinga's Police Chief. He indicated that the adopted Emergency Plan is only a foundation to build on and is being constantly reevaluated and up- , graded. Mayor Smith indicated she will be appointing.a committee to work , I further with Chief Clark on the Plan. Marie Cattoir, Orchid Lane, reviewed recent newspaper articles rating the safety of schools and public buildings, which would be offered to the public for protection but are themselves ! -_.~._-- r-- .~ CITY COUNCIL MAY 24, 1983 ARROYO GRANDE, CALIFORNIA PAGE SIX t unsafe, which cannot be ignored. ADOPT RESOLUTION - TAX PROCEEOS EXPENDITURE APPROPRIATION LIMIT Finance Director Bacon reviewed with the Counci I the calculation of the appropriation limit from tax proceeds for fiscal year 1983-84. He indicated a resolution is required to adopt said appropriation limit. After Council discussion, City Attorney Shipsey read the titte of a resolu- tion adopting a tax proceeds expenditure appropriation limit; thereafter, a motion was made by Councilman Millis, seconded by Councilman Vandeveer and unanimously carried, to dispense with reading the balance of this resolution. RESOLUTION NO. 1697 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A TAX PROCEEDS EXPENDITURE APPROPRIATION LIMIT FOR FISCAL YEAR 1983-84. On motion of Councilman Vandeveer, seconded by Councilman Gallagher and on the following roll call vote, to wit: . AYES: Councilmen Vandeveer, Gallagher, Millis and Mayor Smith NOES: None ABSENT: Cound lman Hogan the foregoing Resolution was passed and adopted this 24th day of May, 1983. REV I EW OF POll CY RE: STORM DRAINAGE & RECREATION AT SPORTS COMPLEX Councilman Millis.stated he had requested this matter be on the Council's agenda because of concern he. has about the storm drainage at the Sports Com- p I ex and b~cause. c i t izens have as ked h.i m what is go i ng to be done about it with various recommendations given. He reviewed that In 1980 the Council made two motions,one citing that primary use of the 40 acres would be the Sports Complex; and the other that the volume of the drainage on the 40 acre parcel be no'more than 80 acre feet. He asked Director of Public Works Karp whether the volume now exceeds .80 acre feet. Mr. Karp replied that his estimation is.that the capable volume, before overflow, Is 78 acre feet. Councilman Mil1isreviewedhis recollection and at some point It was stated that no new water was to be added to the drainage:at the complex, although he has been unable to find this in the minutes from the Parks & Recreation Commi ss i on or the Counci 1. Director of Public Works Karp did not. recal I any direction as to I imlations of where the 80 acre feet of drainage comes from. Council discussed.the possible Impact on the drainage from recent develop- ments on Farroll Road. Mayor'Smlth stated her feeling that the City needs to do something immediately to resolve the problem of the water sitting In the pits, as we are now only three years into the five year Plan for the Complex and something needs to be done now to solve the standing water problem. She stated that construction going on above the Complex needs to be scrutin- ized to make certain it isn't adding more drainage to the Sports Complex. Sports Associ ates. Randy 5mi th and .Gee Gee Soto were present and commented on the drainage problem. Clark Moore reviewed the history of drainage in that area .and type of soil in the area and its interaction with the drainage. Jim McGi Ins explained the origin of the 80 acre feet figure as maximum to be held by the Complex, and that when the whole project was presented to the Sports Associates and City Council, It included recommendations for dewatering the ponds through use of pumps in three days, but the problem now is money. Mayor SmHh stated this matter would be on the Council's next Agenda to discuss various options to resolve this matter. Dorace Johnson, Parks & Recreation Commissioner, requested that docu" mentation be kept of facts and figures discussed. I Director of Parks & Recreation Keisler stated a way needs to be found I ! to solve the problem. i I COUNCILMAN GALLAGHER EXITED THE MEETING AND IS NOW ABSENT. I I ! ") ,.--- ~ j: ITY COUNC I L MAY 24, 1983 ARROYO GRANDE, CALIFORNIA PAGE SEVEN AOOPT RESOLUTION AMENDING CHARGES FOR CITY DOCUMENT COPIES ,"'} City Manager Mack reported that it had b~en pointed out that to photo- copy the full Municipal Code would cost quite a bit in excess of the $25.00 charge currently on the books, and therefore an amendment of this charge is being requested that the complete copy of said Code, without binder, be sold for $100.00. After Council discussion, City Attorney Shipsey read In fuli, the resolution relating to charges f~r copies of certain City documents. RESOLUTION NO. 1698 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANOE ESTABLISHING CHARGES FOR COPIES OF THE ARROYO GRANDE MUNICIPAL CODE BOOK,. INDIVIDUAL PAGES TO THE ARROYO GRANDE MUNICIPAL CODE AND REPRODUCTION CHARGES OF OTHER DOCUMENTS AND REPEALING RESOLUTION NO. 1201 WHEREAS, it would be to the benefit of the residents of the City of Arroyo Grande and others to purchase copIes of the Arroyo Grande Municipal Code, portions thereof and other documents filed with the City of Arroyo Grande; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ARROYO GRANDE, that Resolution No. 1201 is hereby repealed in its entirety. BE IT FURTHER RESOLVED BY THE COUNCIL {IF THE CITY OF ARROYO GRANDE, AS FOLLOWS: SECTION I: That the Arroyo Grande City Municipal Code shall be sold for $100.00 a complete copy, without binder. SECTION 2: That the individual pre-printed pages of the Arroyo Grande Municipal Code shal1 be sold at the rate of $.07 per each page. SECT! ON 3: That the Arroyo Grande Zoning Ordinance shall be sold for $7.50 a copy. SECTION 4: That all other reports, documents or pages shall be sold for the sum of .$.25. per page. On mot ion of"Counci Iman Vandeveer, seconded by Mayor Smi th and on the following roll can vote, to wit: AYES: Councilman Vandeveer and Mayor Smith NOES: Councilman Millis ABSENT: Councilmen Hogan and Gallagher I i the foregoing Resolution was passed 'and adopted this 24th day of.May, 1983. i I I AUTHORIZE NEGOTIATOR AND APPRAISER FOR TALLY HO ROAO GRADES I I City Engineer Karp reviewed with the Counci 1 his. report dated Apri I 19, 1983, regarding establishment of grades for Tally Ho Road, north of le Point \ , 1Jo Street. After Council discussion, a motion was made by Councilman Millis, I seconded by Councilman Vandeveer and carried, conceptually approving the I I grades and alignment established on the plan for proposed improvements on i ! . Tally Ho Road, northerly of the Le Point Street intersection and authorizing , . Director of Public Works Karp to get. someone to negotiate the right of way I necessary and an appraiser. i :'1 I NOTICE OF APPEAL FILED RE: REZONE 683-169 (FOREMASTER) - WITHDRAWN , , , ;1 City Manager Mack reviewed an 'appeal which has been filed by J. M. , , I McGillis, on behalf of John Foremaster, regarding the Planning Commission's , I denial of a change in the land use of Lot 7, Oak Park Acres, and the City J Attorney's opinion outlined in his memorandum dated May 13, 1983. He further I i stated that a public hearing on the appeal would be held on June 14th. i I --- -- ,.-. J ~ CITY COUNCIL MAY 24, 1983 ARROYO GRANDE, CALIFORNIA PAGE EIGHT Mr. Jim McGillis of San Luis Engineering was present and explained , reasons for the appeal, stating that the land use was designated for duplexes on the Oak Park Acres Planned Development, but a change is being requested for single fami ly homes. Lengthy discussion was held on the matter among the Council, City Staff, Jim McGillis, John Foremaster and Rueben Kvidt. Options recommended to the property owners were to either abide by the existing Ordinance No. 140 c. S. for Parcel #7, or to go through the zone change procedures. It was pointed out that previous changes to Ordinance No. 140 C.S. have been approved, as long as the proposals did not exceed the guidelines. The Council Members indicated that they would have to uphold the City Attorney's opinion to require a rezoning to permit single family housing on Lot 7, which is presently zoned P-D with a requirement that the property be developed as cluster housing or multiple family dwellings. Mr. McGillis then stated the appeal Is being withdrawn. City Manager Mack stated that appeal had not been published as yet and could be withdrawn at this time, ,and further, that the $50.00 appeal check would be refunded. WRITTEN COMMUNICATIONS - None. ORAL COMMUNICATIONS Councilman Vandeveer reported that he had attended the last meeting of the Downtown Parking Advisory Board and that a survey Is needed of what we want for the'downtown area and what. uses wi 11 be allowed. Mayor Smith Indicated that the new Planning Director. will work on this. ADJOURNMENT TO EXECUTIVE SESSION On motion of Councilman Millis, seconded by Counctlman Vandeveer and unanimously carried, the meeting adjourned at 12:05 A.M. to an Executive Session. The City Clerk was excused from attending said session. RECONVENEMENT AND ADJOURNMENT The Counci I reconvened at 12:30 A.M., with Counci Imen Vandeveer and Millis and Mayor Smith present. City Manager Mack announced the appointment of a new Planning Director, Mr. Stan Eisner. Council Member Millis moved to confirm the appointment of. Mr. Eisner. The motion was seconded by Council Member Vandeveer. Mot i on passed with theaffi rmat i ve votes of Counci Imen Mi 11 is, Vandeveer and Mayor Smith. On motion of 'Councilman Vandeveer, seconded by Councilman Millis and unanimously carried, the meeting adjourned at 12:45 A.M. -~ ! - , I , MAYOR ATTEST: CITY CLERK i I :J