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Minutes 1987-05-05 - '" MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MAY 5, 1987 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA The City Council met in regular session with Mayor Howard Mankins presiding. Present were Council Members 00 race Johnson, Mark M. Millis, Gene Moots and D. G. Porter. FLAG SALUTE Mayor Mankins led the Pledge of Allegiance to our Flag. PUBLIC APPEARANCES None CONSENT AGENDA C.3. Council Member Millis asked the dimensions of the lots on the property. Public Works Director Paul Karp showed on a map on the wall the configuration of the houses on the property, and said that the City is not adjusting a Lot Split at this time. He referred to his memo of April 29, 1987, and recommended that the City Council accept on behalf of the public the easement deed from Mr. and Mrs. Hosier to permit a sewer line relocation of their property at the corner of Cherry and Arroyo Avenues. C.4. Council Member Porter asked if the easement goes with the Tract 1075, and Mr. Karp said he is recommending that the Council authorize a grant of landscape easement over City right of way within the Sunny Acres Tract near the corner of Huasna Road and Loomis Lane. Referring to his memo of April 29, 1987, he said the easement would permit placement of landscape materials within the City property which lies behind a block wall constructed on the Huasna frontage of the Sunny Gardens subdivision. Moved by Johnson/Porter (5-0-0) to approve the Consent Agenda with the recommended courses of action. C.1. Lon9 Range Planning Ad Hoc Committee Minutes of 4/20/87. Information. C.2. City Record Microfilming. Information. C.3. Cherry and Arroyo Avenues Sewer Easement. Trade Approved. C.C.FILE 9-4-30 C.4. Huasna Road Landscape Easement. Recommended Granting Approved.C.C.FILE 7-10-1 ROYAL OAKS ESTATES DEVELOPMENT (Continued from April 28, 1987)C.C.FILE 6-14-105 Mayor Mankins said that the Council had before it the Royal Oaks Estates Ordinance and Resolution. He asked City Attorney Art Shaw about approving the Tentative Tract Map, and Mr. Shaw replied that this is a normal Tentative Tract Map that the City is "fast tracking." He said it would not be effective for any purpose the developer can proceed under until the Ordinance becomes effective. City Manager Robert Mack referred to his memo of May 1, 1987, and said that documents presented to the Council hopefully comply with its intent in that all the conditions that one will find in the final addition to the Tract Map are contained within the Ordinance. He said that the asterisks note conditions to the Tract Map, so that if the Council wishes to make any changes in those items asterisked, the Tract Map will be changed also. Mr. Mack said clerical errors in the Ordinance will be corrected. He said there should be an addition to the Ordinance concerning R-A District uses. After questions and discussion, Council Members agreed to add to the Ordinance on Page 2 just above Item 7, the R-A District Permitted Uses as listed in Municipal Code Section 9-4.503(a). Mr. Mack said that the following should be added to Paragraph 3, Page 2, of the Ordinance: "The developer and/or his architectural review committee will review each individual plan, and the City will approve the developer's general CC&R Plan only." ---- - - -" C!TY COUNC I L MAY 5, 1987 AROYO GRANDE, CALIFORNIA PAGE TWO ROYAL OAKS Continued from Page 1 Mr. Mack recommended and the Council agreed to add to Page 8 of the Ordinance: "Whatever water line problems have to be corrected, between the South County Regional Center easterly to a connection through the Vernon Avenue intersection adjoining the Community Center on West Branch Street, will be done by the City, up to a cost of $25,000. If the costs are more than $25,000, the developer will pay the extra costs." WILLIAM LACKEY, developer of Royal Oaks, said he would be doing the actual work on the road. The Council agreed. Mayor Mankins said the next item for discussion should be the arrangement between the drainage ponds, and the transfer of the property above the maintenance yard. L. CURTIS SORG, San Luis Obispo County Property Manager, said the County and the developer had reached an agreement on the exchange of land that will be workable for both parties. Mayor Mankins asked if major ponding would be on the County land and the developer's pond used for natural runoff? Mr. Sorg said natural historic flow will still occur and the drainage basin will not be located on County property. Mr. Sorg said the County would like the exchanged property to carry the same zoning as its present property. Mayor Mankins said that zoning is agriculture. Mayor Mankins said the County will maintain its own drainage pond. He said the Via La Barranca, and the developer's pond on the land exchanged with the County will be maintained by the developer for three years. He said at the end of the three years, the City will take over maintainance just as with other drainage ponds in the City. Mr. Mack said the map and the ordinance will be amended to include the dedication of the drainage pond to the City. Mr. Shaw said the regular wording on dedication of drainage facilities could be used. Council Member Porter asked where the drainage basins will be located. Mr. Mack pointed to a map posted on the wall, and showed the County's retention basin, which he said he believed was relocated to Royal Oaks Lots 182 and possibly 184. Mr. Lackey drew on the map an area where his drainage basin would be located. Mr. Karp asked what drainage would go into that pond. Mr. Lackey said Tract drainage and the drainage that Rancho Grande drops onto the property. Mr. Karp said right now Miller Way drains into the County pond. Mr. Lackey said that might be intercepted. He pointed to the various lots that would drain into his basin in addition to Miller Way. He said the County pond will continue to get drainage the pond gets now, or less. Mayor Mankins said the Staff should be aware that Rancho Grande drainage now spills out onto Royal Oaks. Mr. Karp said there is a dispute now between the owners of the two developments and that the parties are working on resolving that dispute. I The Mayor asked if there is a map available showing the location of "E" Street. Mr. Lackey said not at this time, but it is fairly similar to the last map presented to Council. The Mayor explained approximately where the street would be. -, CITY COUNCIL MAY 5, 1987 ARROYO GRANOE, CALIFORNIA PAGE THREE ROYAL OAKS Continued from Page 2 On Page 9 under "Other Streets" the Mayor said Item 3 should be deleted. Mr. Shaw expressed concern about an easement for "E" Street. Mr. Sorg said the developer already has an easement for that Street. The Mayor said the new (enlarged) easement should be in the City's possession before adoption of the Final Map. Mr. Shaw said he approved the adoption of the Ordinance at this time. He said the Ordinance should be adopted before the Resolution. He said the Resolution was being adopted to make the developer feel at ease that the City would not be changing its requirements in the next 45 days. He said it would not become effective for 45 days. Mr. Shaw read the title of the Ordinance. It was moved by Porter/Moots (5-0-0) to dispense with further reading of the Ordinance. It was moved by Moots/Johnson (4-1-0, Council Members Moots, Johnson, Porter and Mayor Mankins voting aye, and Council Member Millis voting no) to adopt an Ordinance Amending a Portion of the Zoning Map to Reclassify Certain Property in the City of Arroyo Grande as P.O., Planned Development For a Residential Subdivision Identified as "Royal Oaks Estates," and Repealing and Superseding Ordinances 221 C.S. and 317 C.S. Mayor Mankins said that constituted the first reading of the Ordinance. Moved by Moots/Johnson (5-0-0) to dispense with further reading of Resolution 2133. Moved by Moots/Johnson (4-1-0, Council Members Moots, Johnson, Porter and Mayor Mankins voting aye, and Council Member Millis voting no) to adopt Resolution No. 2133 Conditionally Approving Revised Tentative Tract Map No. 1390, Royal Oaks Estates, and Repealing Tentative Parcel Map Approved by Resolution No. 1817, December 11, 1984. Mayor Mankins thanked all concerned for their attendance at the many meetings and hard work on this project. Mr. Sorg asked if the County would be receiving the same zoning designation, and Mr. Shaw said the final ordinance would reflect that. Mr. Lackey asked if he had a Tentative Tract Map, and the Mayor answered in the affirmative. OAK PARK SPHERES-C.C.FILES 8-3-5,8-3-6 Mr. Mack said the Council has before it two Resolutions pertaining to sites located in the City of Arroyo Grande's Sphere of Influence. He said it is important to take a formal position on the matter so that the Local Agency Formation Commission will know where the City stands on the matter of the City of Pismo Beach request to annex the aforementioned property. He said the City will prepare a cover letter to go with the Resolutions to LAFCo. Council Member Johnson said the Resolutions should be adopted to reaffirm the present Council's position on the matter. Mayor Mankins read the title of Resolution No. 2134. Moved by Porter/Johnson (5-0-0) to dispense with further reading of the Resolution. Moved by Johnson/Porter (5-0-0, Council Members Johnson, Porter, Millis, Moots and Mayor Mankins voting aye) Stating a Position Regarding the Continued Inclusion of Twenty-Eight Acres of Grace Bible Church Property Within the Sphere of Influence and the Sphere of Service of the City of Arroyo Grande. Mayor Mankins read the tit1e of Resolution No. 2135. Moved by Porter/Johnson (5-0-0) to dispense with further reading of the Resolution. Moved by Johnson/Porter (5-0-0, Council Members Johnson, Porter, Millis, Moots and Mayor Mankins voting aye) to adopt Resolution No. 2135 Stating a Position Regarding the Continued Inclusion of 155 Acres of Oak Park Acres Property Within the Sphere of Influence of the City of Arroyo Grande. Moved by Millis/Johnson (5-0-0) to send copies of the letter and resolutions to other entities, including the South San Luis Obispo County Sanitation District and surrounding cities. ,----.---..-..-.- -- . -. CITY COUNCIL MAY 5, 1987 ARROYO GRANDE, CALIFORNIA PAGE FOUR PRESENTATION OF 1987-88 BUDGET Mr. Mack read his 1987-88 City Manager's Budget Massage dated May 5, 1987. He reviewed the City's Current Year, 1988 and 1989 Reserves, and went over extensive charts and graphs illustrating the proposed budget. Council Member Millis asked that the Council hold a study session on a new program concerning the Police Department. Mr. Mack said he would check with Chief Jim Clark and set a time for this. Other budget study sessions were set for May 14, 19, 21 and 28. Mayor Mankins asked about the two-year budget, and Mr. Mack said it allows for better planning. The Mayor asked how much requests exceeded projected revenue, and Mr. Mack said $1 to $1\ million. MINER'S HARDWARE NURSERY EXPANSION-C.C.FILE 7-10-2 Council Member Johnson referred to her memo of May 5, 1987, and recommended that the Council deny this request, and said her study includes the following concerns: 1. The area of requested use lies within the f100dway (not flood plain). 2. Chain link and barbed wire are a visual and physical hazard. 3. Site is visab1e from both Traffic Way and the freeway. 4. Proposed use would not be in agreement with approval of plans for project as already given by staff, Planning Commission, Architectural Review, etc. 5. The existing area is pleasing in its present natural state. This environment would be destroyed by approving this request for encroachment on the City Easement. She referred to a May 4, 1987 letter from JIM SILVA, a Village business owner, protesting the encroachment request. Parks and Recreation Director John Keisler referred to his memo of May 1, 1987, and recommended that the Council deny the request for encroachment. He said the proposed use of chain link fences with barbed wire and the possible storage of pallets of fertilizer and landscape materials, even when screened by 15 gallon trees, is not an environment that the City wants to promote adjacent to the creek, and located in a floodway. After being asked about requirements dealing with storage of materials in the f100dway, Mr. Karp said that the proposed encroachment area is in the flood plain, not the floodway, and read from Municipal Code Section 9-4.304, Standards for Storage of Materials and Equipment. He said if proper precautions were taken it was his opinion that the Zoning Ordinance would permit certain types of storage on a flood plain. STEVE PFARR of Miner's Hardware said the plans submitted could be changed and compromise could be made. JERRI PENCE, speaking for the Village Association, said she is concerned with the way the encroachment would look and said that it should be neat and in keeping with the look of the Creek area. There was Council/Staff discussion. Mr. Keisler went over his recommendation. He referred to the City Greenbelt System Report. Acting Planning Director Ned Rogoway gave a history of the application for the encroachment permit. He said the Planning Commission's approval of the Village Creek Plaza did not include such an encroachment as Miner's has requested. . CITY COUNCIL MA Y 5, 1987 ARROYO GRANDE, CALIFORNIA PAGE FIVE MINER'S HARDWARE NURSERY EXPANSION Continued from Page 4 CARROL PRUETT, representing the Mid-Coast Land Company, owner of the Village Creek Plaza, said perhaps the owners need to discuss with the encroachment request with Miner's. He said the .owners would approve the request only on a short-term, month-to-month basis. Council Member Johnson said the City would be setting a precedent if it approves the request. Moved by Johnson/Millis (5-0-0) to deny the Request for an Encroachment Permit to Occupy Storm Drain Easement, Village Creek Plaza. APPOINTMENT TO DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA ADVISORY BOARD Mayor Mankins appointed Mark Clark, a Certified Public Accountant in the Central Business District, as a member of the Downtown Parking and Business Improvement Area Advisory Board. STRAWBERRY FESTIVAL REQUEST TO CLOSE PORTION OF STATION WAY-MAY 23, 1987 After discussion of insurance with MRS. PENCE, and JOHN CLARK, Festival chairman, it was moved by Moots/Johnson (5-0-0) to approve the request to close the street with the conditions that the liability insurance policy for the festival be approved by the City Attorney, and other festival arrangements be approved by the City Police and Fire Chiefs. 282 TALLY HO-PRIVATE PROPERTY-PAVING Mr. Karp said he had the right of entry to the property for all but the driveway, which he said the Council had authorized him to sub grade up to 44 feet. He said the owner could complete the driveway paving, and then bill the City for the amount of concrete authorized by the City Council at previous Council meetings. Mr. John Rhone, owner of the property, was unable to attend the meeting due to ill health. The Council made no changes in its previous decisions with regard to this property. ADJOURNMENT The meeting was adjourned at 5:30 P.M. MAYOR ATTEST: CITY CLERK