Minutes 1987-04-28
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, APRIL 28, 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 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
Rev. Kenneth Beene of Landmark Missionary Baptist Church delivered the
invocation.
PUBLIC APPEARANCES
JOHN E. RHONE of 280 Tally Ho Road asked the Council to take up
the matter of paving his driveway at the May 5, 1987, City Council meeting.
Mayor Mankins agreed to make that an agenda item on the requested day.
CONSENT AGENDA
Council Member Porter asked for clarification on the Deferred Compensa-
tion Plan Amendment, and City Manager Robert Mack said that the change
was made to conform with the new tax law.
Moved by .Porter/Johnson (5-0-0) to approve the Consent Agenda with
the recommended courses of action.
C.l. Proclamation, "Be Kind to Animals" Week, May 3-9, 1987. So
C.2. Invitation-La Fiesta Parade May 16, 1987. Council participation.
C.3. City Council Minutes of April 7, 14, 21, 1987. Approved.
C.4. Parking and Traffic Commission Minutes of March 23, 1987.
C.5. Clean-up Week Announcement. Information.
C.6. Deferred Compensation Plan Amendment. Approved, signing authorized.
PUBLIC HEARING
APPLICATION BY MANOR HEALTHCARE CORPORATION FOR MINOR SUBDIVISION AT
579 CAMINO MERCADO AND PROPOSED ABANDONMENT OF DEDICATED RIGHT OF WAY
ON CAMINO OE PLAZA WITHIN OAK PARK ACRES, COUNTY PARCEL NO. 7-771-38
and 39. Continued from April 14, 1987, Meeting-C.C.FILE 6-12-25
Mayor Mankins said th1s Publ1c Hearing was continued from April
14, 1987.
Public Works Director Paul Karp referred to his memo of April 28,
1987, and recommended that the Council take the following actions with
regard to the Tentative Parcel Map AG 87-035, Manor Healthcare Corp./Gordon:
1. Find that the revised tentative map, to be distributed by the
applicant, is substantially consistent with the map reviewed by the Planning
Commission, as well as with City zoning, the General Plan, and the specific
plan for the area.
2. Find that adding Parcel #2 to the previously submitted tentative
map is consistent with the recommendation of the Public Works Director
outlined in his memo of April 8, 1987, regarding the abandonment of Camino
de Plaza.
3. By approving the revised tentative map, approve the abandonment
of Camino de Plaza, reserving therefrom an easement for a future water
line across the westerly 30 feet of the right of way.
4. Require a dedication for future water line extension over a
portion of the southwest corner of Parcel 1 which would be bounded by
a northerly prolongation of the center line of Camino de Plaza, but exclusive
of the area to be used for building construction by Manorcare on Parcel
1.
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CITY COUNCIL APRIL 28, 1987
ARROYO GRANDE, CALIFORNIA PAGE TWO
APPLICATION BY MANOR HEALTHCARE CORPORATION FOR MINOR SUBDIVISION Continued
From Page One
KEN FARGEN, surveyor for the applicant, said an agreement had been
worked out between Manorcare and the owner of the adjacent property,
KIRBY GORDON of 401 Indio Drive, Pismo Beach. He referred to the April
22, 1987, letter to the City from Mr. Gordon stating that he is satisfied
with the new map and supports the abandonment of the street.
Mayor Mankins closed the Public Hearing.
Mr. Karp referred to the Revised Tentative Map on the wall. He
said the map also shows Mr. Gordon's parcel, as well as the water line
easement, the buildings on the property and the property boundary line.
Mr. Fargen said he had talked to Mr. Gordon the day of the City
Council Public Hearing (April 28, 1987), and that both he and Mr. Gordon
were in agreement with the conditions as set forth by Mr. Karp.
Moved by Johnson/Porter (5-0-0) to adopt Mr. Karp's recommendations.
ENHANCED 911 SYSTEM AGREEMENT
Police Chief James Clark gave to the Council copies of his explanation
of the Enhanced 911 System Agreement. He said that in the past 911 telephone
calls have been routed from Grover City to the Arroyo Grande Police Department.
He said that if the Council approves the agreement calls will come directly
to Arroyo Grande. He also said that the callers' telephone number will
be shown on a display, and the dispatcher will see the phone number and
address of the caller. He said cost of installation will be paid by
the State of California. He said the City will then pay only a monthly
cost of $79.64. He said the new system will not be in place for approximately
one year.
Moved by Johnson/Millis (5-0-0) to accept the agreement to Furnish Enhanced
911 Emergency Reporting Telephone Service.
ROYAL OAKS ESTATES DEVELOPMENT (Continued from April 14, 1987)-C.C.FILE 6-14-105
Present and giving input were WILLIAM LACKEY, the developer; DAN LLOYD,
his project engineer; DON MCHANEY, realtor; SAN LUIS OBISPO COUNTY SUPER-
VISOR JIM JOHNSON, and ROB STRONG, who is acting as Planning Director for the City
on this project.
The Mayor asked Council Members, Staff and the applicant to list items
in the ordinance and resolutions on which they would like further discussion.
In answer to Council Member Millis, City Attorney Art Shaw said the
Council could approve the Tract Map with the conditional finding that it
would be effective only when the ordinance is effective.
The Mayor said a question page prepared by the City Manager also would
be discussed.
After Council consideration, it was moved by Porter/Moots (5-0-0, Council
Members Porter, Moots, Millis, Johnson and Mayor Mankins voting aye) to approve
Resolution 2130 Accepting EIR and Addendums with two minor changes by City
Attorney Shaw.
Council Member Millis said he was concerned about the large estate lots
being split into smaller lots, and increasing density without going through
the zone change procedure. There was extensive discussion of how to ensure
this, and how to define institutional uses. Mr. Shaw said some institutional
uses are spelled out in the R-A District, but further definitions are needed.
Mr. Strong read the Municipal Code Section 9-4.503(a), which describes the
institutional definitions in the Royal Oaks Ordinance. It was the consensus
of the Council to describe fully in the Royal Oaks Ordinance the R-A uses listed
in the Municipal Code, and to add the following wording suggested by Mr. Shaw
to Paragraph 2, Page 2 of g, of the Ordinance.
"Any changes or amendments of the uses authorized herein constitute
a rezoning and shall require an amendment of this ordinance."
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CITY COUNCIL APRIL 28, 1987
ARROYO GRANOE, CALIFORNIA PAGE THREE
ROYAL OAKS OEVELOPMENT Continued from Page 2
The following actions were taken by the Council:
1. Ordinance, Page 7, ORAINAGE RETENTION BASIN ADJOINING SOUTH COUNTY
REGIONAL CENTER AND VIA LA BARRANCA. Hold until County and developer come
to an agreement.
2. Ordinance, Page 8, TREE PRESERVATION. The Parks and Recreation
Director (rather than the Commission) shall recommend the designation and
preservation of historic and specimen trees and groves...
3. Ordinance, Page 8, TREE PRESERVATION EASEMENTS, Item f), first
sentence. Lots 136-140, 220-226 and 232 added in the blank spaces.
4. Exhibit "C,"Conditions for Tentative Map, Page 1, Items 4) and
5) . Hold for later discussion.
5. Exhibit "C," Conditions for Tentative Map, Page 2, COUNTY DRAINAGE
BASIN. Hold for later discussions.
6. Exhibit "C," Conditions for Tentative Map, Page 3, SCHOOL SITE.
Hold until Council sees agreement between School District and developer
to ensure soil compaction issue covered.
THE COUNCIL RECESSED FROM 9:00 to 9:14 P.M.
7. Exhibit "C," Conditions for Tentative Map, Page 5, LOT GRADING.
Add to begi nni ng of paragraph I "Lots 220-226 wi 11 be 1 eft in natural terrai n."
8. Exhibit "C," Conditions for Tentative Map, Page 6, STREET NAMES.
Developer should check to be sure names are not duplicated in the County,
that words are not repeated in the street names, and the criteria for "road,
lane, drive, and place" is followed.
9. Exhibit "C," Conditions for Tentative Map, Page 6, DRAINAGE BASINS.
Hold for further discussion.
10. Exhibit "C," Conditions for Tentative Map, Page 7, OFF-SITE IMPROVEMENTS.
It was moved by Millis/Johnson (5-0-0) to approve an agreement between
the developer and the City which says:
"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."
11. Exhibit "C," Conditions for Tentative Map, Page 8, OFF-STREET
IMPROVEMENTS, Item e). Delete this paragraph. Item f) should be on hold
for later discussion.
12. The Council directed Staff to see to it that the Resolution, which
is going to be attached to the Tentative Tract Map, be as specific as the
Ordinance.
13. Mr. Mack's ROYAL OAKS QUESTIONS. Questions 1,3,4,5,6 and 8 were
previously answered, and Question 2.was put on hold.
14.Mr. Mack's ROYAL OAKS QUESTION 7. Council directed Staff to add
at the end of Paragraph 3 on Page 2 of the Ordinance the following:
"The developer and/or his architectural review committee wi 11 review
each individual plan, and the City will approve the developer's
general CC&R Plan only."
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CITY COUNCIL APRIL 28, 1987
ARROYO GRANDE, CALIFORNIA PAGE FOUR
MINER'S HARDWARE NURSERY EXPANSION
Mr. Karp referred to his memo of April 23, 1987, and said the operators
of Miner's Hardware wish to install a storage area for nursery products
on the top of the Arroyo Grande Creek bank behind two buildings on property
in the Village Creek Plaza, and are requesting an Encroachment Permit to
occupy a storm drain easement. Mr. Karp said the City Attorney had recommended
an agreement between the applicant and the City to outline conditions under
which the encroachment could occur. Mr. Karp said Staff believes that
prior to expanding additional effort, that conceptual approval by the Council
is warranted.
MIKE MINER, owner, and STEVE PFARR, manager, spoke to the Council.
After Council discussion, the Mayor appointed Council Member Johnson and
Parks and Recreation Director John Keisler as a committee to look at the
property and make a recommendation on the proposal.
RESOLUTION NO. 2131 REPEALING RESOLUTION NO. 1484 AND DOWNTOWN PARKING
uIN LIEU" CERTIFICATES-C.C.FILE 9-10-23
Mr. Mack referred to his memo of April 20, 1987, concerning repeal
of Resolution No. 1484, which allowed the issuance of "in lieu" certificates.
He explained that Municipal Code Section 9-4.2603, concerning downtown
parking, was amended and no longer provides for the issuance of the certificates.
Moved by Moots/Johnson (5-0-0, Council Members Moots, Johnson, Porter,
Millis and Mayor Mankins all voting aye) to approve Resolution No. 2131
Repealing Resolution No. 1484.
RESOLUTION NO. 2132 TO PERMANENTLY ESTABLISH AFTERNOON COUNCIL MEETINGS
ON FIRST AND THIRD TUESDAY OF EACH MONTH
After Council discussion, it was moved by Johnson/Porter (5-0-0, Council
Members Johnson, Porter, Moots and Millis and Mayor Mankins all voting
aye) to extend the daytime meetings on the first and third Tuesdays of
the month through the months of May and June, 1987.
APPOINTMENT TO SAN LUIS OBISPO WASTE MANAGEMENT COMMISSION
Mayor Mankins asked that this item be postponed until further information
about the dates and times of meetings could be obtained.
ADJOURNMENT TO CLOSED SESSION
The meeting was adjourned to a Closed Session on litigation at 10:15
P.M.
RECONVENEMENT AND ADJOURNMENT
The Council reconvened and immediately adjourned at 10:45 P.M. on
motion of Millis/Johnson (5-0-0).
MAYOR
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