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Minutes 1985-03-12 -- 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 CONSENT AGENDA Consent Agenda Items HC-l, C-3, D-5, E-l, E-2, E-3, E-4 and E-5 were withdrawn for discussion.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. "i'fo'":'~.l~""'" ;".::;':l~~~~-;:~f,W~~-:I'.!J:,'~'~_~:~.r~:~~~~~.t-~~~~,~~~~~",r,,''j\;'r~+~~,~~~_._J~~~,L.j;t:~,).~~\t""'f~''''''-h'':-<'':~ , .. -- 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. ...---- -- 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. ~_._------~-'._'-'-"- ---_._._'.-,--- .-- __ _'<,__w' .-. -- 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. --------- -------------- - .- 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. ',._.. \.'I<.'j-.,:j~,;",,,;,,"'\.:~;I;,:-,t.';~~~:M~:!!\~~~~~~"W_~ '-~" ... - ~.._-~,. "" -. "'--""."' -- .__L"- "'._ ..,w.__.,. .......-...--........-......---...... . .- -- 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. ------..- - . -, 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. ,~,''''''''c__~~....,,''~ _. ~ ..........~... ~ '..' ..... ^,. ~'.:U~',",""-".~ - ,....,__._ -._. .- '....d<1.~~.~- ...-...-.~._- ..... 1iII'~" RfI_W:~,.jj!'\~~' '~~Ii~:"""":"".: ,,,,,,~ .,-::,'~:.; - . -- 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. -_.._._._~'...._-.--- -..- -- 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. . __:'.'-_....:..~..-..,~':;.:~~c...,..........._,.....,~..-.~."..,.'...___ ._.... ~._._~ ""-"":.'. ',~ " . ..:.;........,;; ...... .'..' .~ ....... , . , 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