Minutes 1987-04-14
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESOAY, APRIL 14, 1987
COUNCIL CHAM8ERS, 215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
The City Council met in re9ular session with Mayor Howard Mankins
presiding. Present were Council Members Dorace Johnson, Mark M. Millis,
Gene Moots and D. G. Porter.
FLAG SALUTE AND INVOCATION
Mayor Mankins led the Pledge of Allegiance to our Flag, and the Reverend
Dennis Bjorgan of First Assembly of God Church delivered the invocation.
TREE CITY PRESENTATION
Mayor Mankins showed the Council and others present a trophy the City
had been presented at Arbor Day ceremonies. The trophy was given to the
City in celebration of its fifth anniversary as a designated Tree City USA.
PUBLIC APPEARANCES
None
CONSENT AGENDA
Moved by Porter/Johnson (5-0-0) to approve Consent Agenda Items C.1,
C.2 and C.3.
C.1. Departmental Report, First Quarter, 1987. Information.
C.2. Planning Commission Minutes of March 17, 1987. Information.
C.3. Parks and Recreation Commission Minutes of March 10, 1987. Information.
PUBLI C HEAR I NGS
APPLICATION BY MANOR HEALTHCARE CORPORATION FOR MINOR SUBDIVISION AND PROPOSED
ABANDONMENT OF DEDICATED RIGHT OF WAY AT 579 CAMINO MERCADO, WITHIN OAK PARK
ACRES, COUNTY PARCEL NO. 7-771-3B and 39-C.C. FILE 6-12-25
-----p-ubTic Works Director Paul Karp asked for the hearing to be opened and
then continued to the next nighttime meeting.
Mayor Mankins declared the public hearing open.
KIRBY GORDON of 401 Indio Drive, Pismo Beach, said he is the owner of
the property adjacent to the abovementioned parcel. He asked the Council to
reserve an easement for ingress and egress.
Acting Planning Director Ned Rogoway pointed to the parcel on a map on
the wall, and said a lot line and street were to be abandoned. Mr. Karp said
the purpose of the abandonment is to get rid of a road that might not be needed.
City Attorney Art Shaw said Mr. Gordon should state in a letter to the
City what he desires for the property.
Moved by Millis/Moots (5-0-0) to continue the Public Hearing to April
28, 1987, at the regular hearing time, when the applicant will be present.
201 BRISCO ROAD PUBLIC NUISANCE ABATEMENT-C.C. FILE 5-12-8
Mr. Shaw asked for a continuance of this matter to May 12, 1987, on the
bas i s that County records are needed and they will take some weeks to
locate.
Moved by Millis/Johnson (5-0-0) to continue the Public Hearing to May
12, 1987, at the re9ular hearing time. Mr. Shaw said he would notify
Attorney Stephen Cool, who is representing the owners of the property.
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CITY COUNCIL APRIL 14, 1987
ARROYO GRANDE, CALIFORNIA PAGE TWO
ROYAL OAKS ESTATES DEVELOPMENT Continued from April 7, 1987-C.C. FILE 6-14-105
DON MCHANEY, an associate in the development of Royal Oaks, presented
the Council with a survey of the oak trees on the property. The survey said
there were approximately 1,750 oaks in the two large groves, and 70 additional oak
trees in the subdivision. BILL LACKEY, developer, also was present and gave input.
Parks and Recreation Director John Keisler referred to the City's
Ordinance No. 333 C.S. Comprehensive Community Tree Program, and said that
in replacing trees the City does the planting and the owner maintains the
tree. He said on slope plantings the City usually owns and maintains, but
if the property owner owns the slope he maintains it.
ROB STRONG, who is acting Planning Director on this project, referred
to the Royal Oaks Check List prepared by the City Manager and dated April
9, 1987. He said Staff Recommended Conditions had been added under the
various discussion items. The following actions were taken by the Council:
1. Page 9, STREET TREES, Recommended Conditions Accepted.
2. Page 9, OAK TREE REMOVALS, Recommended Conditions Accepted, the
third paragraph of conditions will include, "and replacement trees
need not be oak trees if so determined by the Parks and Recreation
Director. The Director may authorize a replacement tree ratio from
two-to-one to five-to-one as a variance from Ordinance No. 333 C.S."
3. Page 11, LOT C. Proposed acceptable use will be an estate lot. Boun-
daries will not change. Tree preservation will be honored. Future
resubdividing will be prevented by the City Attorney. Proposed
Condition concerning a notation on the final map was approved.
Lot C, 182 and 184 may be converted to institutional uses upon
approval of City Council after rezoning public hearing. Lot B
may be converted to a public elementary school upon approval of
Planning Commission after use permit public hearing.
LOT 182. Proposed acceptable use will be an estate lot. Boundaries
will not change. There will be no changes to 52' wide storm drain
easement and storm drain, and the County drain basin has not been
moved to site. Future re-subdividing will be prevented by City
Attorney.
LOT 184. Proposed acceptable use will be an estate lot. Boundaries
will not change. There are no changes to 52' wide storm drain ease-
ment and storm drain, and County drain basin has not been moved to
site. Future re-subdividing will be prevented by City Attorney.'
4. COUNTY STORM DETENTION FACILITY. City will own. A maintenance
assessment district will maintain.
5. LOT GRADING. Grading of Lots 127-134, 187-192 and 205, and 227-232
and 183 are acceptable.
Certain Areas. Sidewalks will be required off-site on James Way,
Halcyon and "E" Street. In addition to the above, Council said
concrete curbs, gutters and/or sidewalks shall be installed off-site
at four specific places listed on the checklist. The Council also
approved listed Proposed Conditions concerning this item.
6. Page 12, E STREET. The Proposed Condition to this item was approved
by the Council, and added to item c) will be the words, "and provision
of access easement or title of the driveway."
Mayor Mankins directed Staff to prepare an Ordinance for Royal Oaks
Estates. Mr. Shaw said the Council also will be voting on the EIR and
Tentative Map.
COUNCIL RECESS FROM 9:55 P.M. TO 10:00 P.M.
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CITY COUNCIL APRIL 14, 1987
ARROYO GRANDE, CALIFORNIA PAGE THREE
444 WALNUT STREET NUISANCE ABATEMENT-C.C. FILE 5-12-9
Acting Planning Director Ned Rogoway referred to his memo of April 8,
1987, and recommended that a public hearing be set for the purpose of
declaring an automobile repair service at 444 Walnut Street a public
nuisance. He said the commercial activity at this location is in violation
of the R-l zone provisions and standards, and is being operated without a
license and after repeated notices requesting removal of the business.
Moved by Porter/Johnson (5-0-0, Council Members Porter, Johnson, Millis
and Moots and Mayor Mankins voting aye) to adopt Resolution No. 2129 That
a Public Nuisance May Exist at 444 Walnut Street, and setting the Public
Hearing for 7:30 P.M. May 12, 1987.
225 TALLY HO ROAD RIGHT OF WAY ENCROACHMENT PERMIT-C.C. FILE 1-3-44
JEFF CARRITHERS, developer, had questions of staff about the encroach-
ment permit agreement. Mr. Shaw said Mr. Carrithers and the Public Works
Director would have to come to an agreement on the matter. A continuance
was asked for, and the Mayor continued this item until the meeting of
April 21, 1987.
225 TALLY HO ROAD PARCEL MAP APPROVAL-C.C. FILE 6-12-26
Mr. Karp referred to his memo of April 8, 1987, and recommended that
the Council accept on behalf of the public the quitclaim deed from Patricia
Lauthbury for drainage improvements on her property adjacent to James Way;
accept on behalf of the public the offers to dedicate for James Way and
street tree easement; find that the required public improvements are neces-
sary prerequisites to the orderly development of the area; find that Parcel
Map AG 85-337 is consistent with the conditionally approved tentative map
found by the Planning Commission to be consistent with the General Plan and
City Zoning; and approve Parcel Map AG 85-337.
Moved by Moots/Johnson (5-0-0) to approve Mr. Karp's recommendation.
SPRUCE STREET TRACT 1314 PUBLIC IMPROVEMENTS ACCEPTANCE-C.C. FILE 6-14-99
Mr. Karp referred to his memo of April 8, 1987 and recommended that
the Council accept on behalf of the public subject to provision to the
standard maintenance bond the public improvements constructed as conditions
to Tract 1314.
Council Member Johnson asked if the required trees had been planted in
the Tract. Mr. Karp said that former Planning Director Stanley Eisner and
Parks and Recreation Director Keisler had approved the Tract. EDGAR MUELLER,
applicant, said Mr. Keisler had pointed out to him where he wanted the trees
planted. Mr. Mueller said he had planted the trees. Council Member Johnson
asked for additional assurance.
Moved by Moots/Porter (5-0-0) to approve Mr. Karp's recommendation with
the condition that the Parks and Recreation Director approve the planting of
the required trees.
OAK PARK AREA REPORT
Mr. Mack referred to his memo of April 10, 1987, and said that the City of
Pismo Beach had voted on April 13, 1987, to direct staff to prepare a resolution
which would annex an area in the Arroyo Grande Sphere of Influence west of Oak Park
Blvd., which contains 155 acres of Oak Park Acres, and an area in the Arroyo Grande
Sphere of Service for the Central Coast Christian Academy site.
GREG WAYBRIGHT of 106 Narlene Way, Pismo Beach, said that what Mr. Mack
referred to as Central Coast Christian Academy site belongs to Grace Bible
Church. He said the church would like to remain in Arroyo Grande because
of its history here, and would prefer to be in Arroyo Grande's Sphere of
Service.
On Mr. Mack's recommendation, it was moved by Johnson/Moots (5-0-0) to
send a letter to the City of Pismo Beach stating Arroyo Grande's opposition
to the proposed annexation.
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CITY COUNCIL APRIL 14, 1987
ARROYO GRANDE, CALIFORNIA PAGE FOUR
APPOINTMENT TO SAN LUIS OBISPO COUNTY WASTE MANAGEMENT COMMISSION
Continued to Agenda of April 21, 1987.
VILLAGE ASSOCIATION LETTER/PETITION TO ARROYO GRANDE POLICE DEPARTMENT
Continued to Agenda of April 21, 1987.
ADJOURNMENT TO CLOSED SESSION
The Mayor adjourned the meeting at 10:35 P.M. to a Closed Session on
personnel.
RECONVENEMENT AND ADJOURNMENT
The meeting reconvened from Closed Session at 11:05 P.M. and immediately
adjourned.
MAYOR
ATTEST:
CITY CLERK