Minutes 1989-09-12
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MINUTES
MEETING OF THE CITY COUNCIL
TUESDAY, SEPTEMBER 12, 1989
CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
Th~ Cit! Council met at 7:30 P.M., with Mayor Mark M. Millis
presiding.
FLAG SALUTE AND YNVOCATION
Mayor Hillis led the Pledge of Allegiance to our Flag, and the
. Rev. Phil Coleman of Oak Park Foursquare'. Church delivered the
invocation.
ROLL C~LT.
. Present were Mayor Mil11.. and Counoil Members A. K. "Pete" ~
Dougall, Gene Moots and B'Ann Smith. Council Member Doris Olsen
was absent.
4. PRESENTATION
Mayor Millis read Resolution No. 2340 Honoring Thurston
"Junior" Sylvester for His Outstanding Service to the city on the
Occasion of His Retirement. On motion of Smith/Moots (4-0-1,
Smith, Moots, Dougall and Millis voting aye, Olsen absent) the
Council voted to approve the Resolution. Hr. Sylvester was present
to receive the honor.
5. ORAL COMMUNYCATYONS
None.
9.E. UPDATE ON BRTOGE STREET BRTDGE AT ARROYO GRANDE CREEK
Public Works Director Paul Karp said that an accident had
occurred on the Bridge street Bridge on September 10, 1989, and
that the city had blocked off the bridge at the recommendation of
Structural Engineer Fred Schott. Mr. Karp said the damage
sustained as a result of the accident can probably be repaired in
a fairly timely fashion for about $10,000. He said during the
inspection by the structural engineer other problems were
encountered.
MR. SCHOTT spOke to the Council, and said that the accident
on the bridge may have been a blessing in disguise. He said the
damage caused by the accident would not endanger the bridge as a
whole, but that while inspecting below the deck of the bridge, a
great amount of rust and corrosion was found in a previously
inaccessible area. He showed the Council a chunk of steel that had
been rusted out of a web of a steel beam. He said the truss
connections had from 25 to 70 percent corrosion. He said it is
possible that the bridge could cOllapse at any moment. He said it
was his preferred opinion that it would be a waste of time and
money to study the bridge further. He said he would not want to
risk having anybody on the bridge. He said, at the very least the
City should have a very detailed inspection, and then it would be
necessary to spend a great deal of money if the City chooses to
save this bridge. . ~
Hr. Karp said he could present a thorough written report at
the next Council meeting. He said he would like to use some of the
design money the city had allocated under this year's budget to
proceed with the inspection that Hr. Schott had suggested. He said
the costs would be $5,000 to $6,000.
There was Council discussion with Staff covering the
following:
1. The bridge's historical significance, and a state-required
environmental report befo~e construction could begin.
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CITY COUNCIL
SEPTEMBER 12, 1989
2. Closure of the bridge for at least one and one-half years while
repair or replacement takes place.
3. Possible funding from the state Department of Transportation and
the Federal Highway Administration.
4. The Ci ty working with the Bridge street merchants, whose I
businesses will be disrupted durinq the closure.
BRANDON BACKLUND, 219 Miller Way, a structural engineer, said
-. that several months ago he had proposed that, in order to save the I
bridge, a structure should be built under the bridge to support the i
bridge and its live loads. He said he believes at this time it I
would be wise to look at bridge replacement. He said he wanted to 1
remind the city, if it seeks to preserve the trusses for a new .
bridge, they would have to be securely fastened to the bridge, and I
it would cost a great deal of money.. i
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Mr. Karp said the city is planning a narrower bridge than i
originally proposed, and there may be enough money for preserving I
those historic architectural features. He said he would be
pursuing the avenues he described at the last Council meeting, and !
updating the Council with all information as it becomes available. I
He suggested that a bridge report be a continuing item on the ,
agenda. i
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After further discussion, it was the unanimous consensus of I
the Council that Mr. Karp proceed with his recommendations. !
CONSENT AGENDA
It was moved by Smith/Dougall, and the motion passed, to '
approve Consent Agenda Items G.C. through G.T, with the recommended
courses of action, and clerical corrections made to the Council
Minutes of August 22, 1989. ,
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6.C. August 22, 1989, city council Minutes. Approved with !
corrections. :
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G.D. September 6, 1989, Senior Advisory Commission Minutes. I
Information. I
G.E. July 17, 1989, Parking and Traffic Commission Minutes. I
Information. I
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G.r. August, 1989, Investment Report. Information. I
6.G. Letter of Resignation from Bernard E. Burke, Chairman, Senior
Advisory Commission, Effective October 1, 1989. Accepted with
Regrets.
6.H. Award of Bid - Two Resuscitators, Fire Department, Budgeted I
Item. Low Bid Awarded.
6.!. Award of Bid - Vacuum Sweeper, Parks Department; Budgeted
Item. Low Bid Awarded.
6.J. Progress Payment for Construction of Water Main and Sewer Main I
Improvements in Allen street, Project No. 60-70-89-1. Approved.
6.K. Purchase of 3/4 Ton Pickup Truck; Public Works Department; I
Budgeted Item. Approved. '
6.L. Purchase of Vehicle Shed Enclosure; Public Works Department; I
Budgeted Item. Approved. i
6.M. Removal of Three Underground Storage Tanks; Corporate Yard;
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SEPTEMBER 12, 1989
Budgeted Item. Approved.
6. N. Acceptance of Deeds for Development at the Corner of May
street at paseo Street (Carrithers). Accepted.
6.0. Traffic Way/Grand Avenue/West Branch Street Intersection;
Employment of Right-of-Way Negotiation Team. Approved.
6.P. Setting Public Hearing Date, Amending Title 5, Chapter 1 of
the Municipal Code Relating to Card Games. Hearing set for
september 26, 1989.
6.Q. Purchase of Electric Breaker Drill; Public Works Department;
Budgeted Item. Low Bid Accepted.
6.R. Purchase of Air compressor; Public Works Department; Budgeted
Item. Low Bid Awarded.
6. S. Purchase of Portable Generator; Public Works Department;
Budgeted Item. Low Bid Awarded.
6.T. Purchase of Vibratory Plate Compactor; Public Works
Department; Budgeted Item. Low Bid Awarded.
Item 6.A. was a proclamation by Mayor Millis of "National
D.A.R.E. Day," September 14, 1989, accepted by Arroyo Grande Police
Officer Patti Hazouri, and Dory Wachtel and Ethan Fischer.
Item 6. B. was a proclamation by Mayor Millis of "Physical
Therapy Week" October 1 - 7, 1989, American Physical Therapy
Association, accepted by Kathryn Bringle.
7. REGISTER OF WARRANTS
It was moved by Smith/Dougall, and the motion passed, to
approve the Cash Disbursements, as contained in the September 6,
1989, Staff Report of David Bacon, Finance Director.
8.A. PUBLIC HEARING - PUBLIC WORKS INSPECTION FEES FOR PROJECTS NOT
COVERED BY THE SUBDIVISION ORDINANCE
City Manager Chris Christiansen referred to the August 25,
1989, Staff Report of Mr. Karp, who recommended that the City
Council conduct a public hearing to discuss adoption of an
ordinance modifying fees in Ordinance No. 408 C,S.
After being reassured that the Public Hearing had been duly
pUblished and all legal requirements met, Mayor Millis declared the
hearing open and said all persons would be heard regarding the
matter.
When no one came forward to speak, Mayor Millis closed the
hearing to the floor.
After Council discussion, it was moved by Smith/Dougall (4-0-
1, Smith, Dougall, Moots and Mayor Millis voting aye, Olsen absent)
to approve Resolution No. 2341 Adding and Amending Fees for
Planning and Engineering Permit Processing. .~
8.8. PUBLIC HEARING - EXTENSION OF AN URGENCY aRDINANC~
PROHIBITING. ON AN INTERIM BASIS.. THE APPROVAL OF ANY "ADULT
ENTERTAINMENT" USE OR APPLICATION FOR SUCH USE. PURSUANT TO SECTION
65859 OF THE CALIFORNIA GOVERNMENT CODE
Mr. Christiansen referred to the September 12, 1989, Staff
Report of Planning Director Doreen Liberto-Blanck, who recommended
that the Council adopt the Urgency Ordinance extending the present
Urgency Ordinance for ten months and fifteen days.
After being reassured that the Public Hearing had been duly
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CITY COUNCIL
SEPTEMBER 12, 1989
published and all legal requirements met, Mayor Millis declared the
hearing open and said all persons would be heard' regarding the
matter.
When no one came forward to speak, Mayor Millis closed the
hearing to the floor.
After Council discussion, it was moved by smith/Dougall (4-0-
1, smith, Dougall, Moots and Millis voting aye, Olsen absent) to
adopt ordinance No. 414 C.s.Extending Prohibition on an Interim
Basis of the Approval of Any "Adult Entertainment" Use or
-- Application for Such Use, Pursuant to Section 65858 of the
California Government Code, and Directinq the Consideration and
Review of Regulations Relating Thereto.
9.A. HOOK RAMPS AT CAMINO MERCADO
After Council discussion of traffic conditions, staff was
directed to expedite the widening of Oak Park Road to allow for
right turns on EI Camino Real.
9.B. INTERSECTION IMPROVEMENTS AT WEST BRANCH STREET/GRAND AVENUE/
TRAFFIC WAY AND WESLEY STREET
Mr. Karp referred the Council to Consent Agenda Item 6.0.
9.C. PROPOSED POLICE FACILITY EXPANSION
Mr. Christiansen said the contractors' bids had been opened,
and the apparent low bid was $690,000. He said the architect would
be reporting to the Council on se~tember 26, 1989.
9.D. TEMPORARY HOUSING OF POLICE DEPARTMENT DURING CONSTRUCTION
Mr. Christiansen referred to the September 6, 1989, Staff
Report of Chief of police Rick TerBorch, who recommended that the
city Council hold a public hearing on Tuesday, september 26, 1989,
to consider approval of:
1. The temporary closure of Rena Street approximately sixty feet
north of the north curb line of Cornwall Avenue to the south curb
line of Cornwall Avenue during the remodel of the police facility;
and
2. The placement of three temporary office trailers on the closed
portion of Rena Street to serve as the temporary.Police Facility
during the construction.
Council Members approved Chief TerBorch's recommendation and
directed Staff to work closely with the neighbors of the facility.
9.F. TRAFFIC MITIGATED AD HOC COMMITTEE
Council Member Moots referred to the September 7, 1989, Report
from the Traffic Mitigation Ad Hoc committee, which recommended
that the council instruct Staff to review the programs in the
report with the South county Economic Association and the Chamber
of Commerce.
council Member Moots reviewed the report's goals, assumptions,
proposed implementation program and procedures and examples of
fees. There were Council questions, and Mayor Millis suggested
that when the committee reports back to the Council that examples
of fees be given.
There was council consensus that the recommendations be
approved.
9.G. STATUS OF THE FIVE-ACRE PARCEL FROM THE COUNTY OF SAN LUIS
OBISPO
Mayor Millis, council Members Dougall and Moots, and Mr.
Christiansen said they may have conflicts of interest in this CITY
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SEPTEMBER 12, 1989
matter and left the room.
city Attorney Judy Skousen said that even with a drawing of
names from those who have stated they may have a conflict of
interest, the Council would be unable to have a quorum because of
the absence of Council Member Olsen.
Ms. Skousen said that city staff has met with county Staff and
the developers and made some progress with regard to the Five-Acre
Parcel. She said there was some disagreement about whether the
property should have the City Hall on it or just municipal offices.
She said the developer wants to shorten the time trame, in which
the public has to vote on the placement of a city Hall, from ten
years to two years. She said the City does. not agree with the
county or the developer, and an emphatic letter was written to the
Board of Supervisors asking for a public hearing on september 19,
1989, and insisting that the land exchange be completed. She said
the city has threatened to sue the County, the developer and the
title company. She said a land exchange agreement does exist
between the County and the developer, and the City of Arroyo Grande
is named as a third party to the contract.
COUNCIL MEMBERS DOUGALL AND MOOTS RETURNED TO THE DAIS
10. A. METROMEDIA REOUEST FOR PERMISSION TO INSTALl. ADDITIONAL
PAGING TRANSMITTERS AT RESERVOIR NO.2
Mayor Millis said he may have a conflict in interest in this
matter and left the room.
Mr. Christiansen referred to the August 24, 1989, Staff Report
of Mr. Karp, who said he had contacted Don Stressman of Metro Media
to relate to him the concerns of the Council and City Manager, and
invited him to attend this Council meeting.
DON STRESSMAN, 819 W. Church Street, Santa Maria, said he will
be meeting with Sonic Cable TV on September 20, 1989, to work out
ways to stop the interference on three frequencies.
There was Council discussion with Mr. Stressman on the
subjects of interference on the sonic Cable TV stations, and
planning Department approval for the new building housing the
equipment.
It was moved by Moots/Dougall to give conceptual approval for
the 931.8625 MHZ band.
JOHN KEEN of 298 N. Elm street said he has been trying to get
sonic Channel 20 cleared up for five years. He said now is an
opportune time to require that this be done.
council Member Moots suggested that the city allow Metro Media
conceptual approval of the 900 MHZ band, but that a strong
statement be issued saying that unless the interference on the
Sonic Cable channels is cleared up, the city. will utilize its 30-
day option to cancel the contract. -
A vote was taken on the motion and voting aye were council
Members Moots, Dougall and Smith.
MAYOR MILLIS REENTERED THE ROOM AND TOOK HIS PLACE ON THE DAIS
11.A. LETTER OF REOUEST TO CONSTRUCT A RETAINING WALL TALLER THAN
THE ~O-INCH STANDARDS OF ROYAL OAKS~ LOT 180. 200 RODEO DRYVR (GREG
LAMPMAN. CUMMINGS-LAMPMAN CONSTRUCTION)
Mr. christiansen referred to his memorandum of September 6,
1989, and recommended that the Council approve the request with the
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SEPTEMBER 12, 1989
following conditions:
1. The retaining wall to be designed by a Civil Engineer.
2. That construction of the retaining wall shall not cause any
grading, drainage or erosion problem to the property or adjacent
properties.
It was moved for approval by Smith/Dougall, and the motion
passed with Council Member Moots abstaining because of a possible'
conflict of interest.
11.B. RESOLUTION REOUES~ING AUTHORIZATION TO CLOSE A STREET. 1989
HARVEST FESTIVAL PARADE, SEPTEMBER 23. 1989
It was moved by Moots/Dougall (4-0-1, Moots, Dougall, Smith
and Millis voting aye, Olsen absent) to approve Resolution No. 2342
Requesting Authorization to Close a Street (Branch Street).
1l.C. RESOLUTION AUTHORIZING A PROCEDURE FOR DESTRUCTION OF POLICE
RECORDS
It was moved by Dougall/Moots (4-0-1, Dougall,' Moots, Smith
and Millis voting aye, Olsen absent) to approve Resolution No. 2343
Authorizing a Procedure for Destruction of Police Records.
Chief of police TerBorch said that records destroyed would be
basically dead records. He said that the resolution does not
include any documents relating to capital crimes, embezzlement of
public funds, bribery of public officials, reports involving Arroyo i
Grande City employees or any prisoner arrest files of child abuse
reports, except as noted. He said this would provide an on-going
procedure for records destruction.
l1.D. RESOLUTION DESIGNATING A "LANDMARK" GROVE NO. 89-50. LE POINT
STREET AT HIGHWAY 227
Parks and Recreation Director John Xeisler said the grcve is
located on city easement.
It was moved by Moots/Smith (4-0-1, Moots, Smith, Dougall and
Millis voting aye, Olsen absent) to approve Resolution 2344
Designating a Landmar~ Grove 89-50.
11.E. AWARD OF BID FOR COMPUTER EOUIPMENT
Mr. Christiansen referred to the september 7, 1989, Staff
Report of Ms. Liberto-Blanck, who recommended that the City Ccuncil
award a purchase order to Lebard and Company of Santa Maria, in the
amount of $6697.59 to purchase IBM compatible computer equipment,
software, and installation for the Planning Department and
Administration office, and authorize the release of $1597.59 from
the City's una110cated reserves and $5100 from the Planning
Department's budget towards the purchase of such equipment.
After Council discussion, it was moved by smith/Dougall, and
the motion passed, to award the bid for the Computer Equipment to
Lebard and company.
12. WRITTEN COMMUNICATIONS
None.
13. ORAL COMMUNICATIONS
None.
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14. CLOSED SESSION
The council adjourned at 8:53 P.M. to a Closed Session on the
following:
a. Litigation: Mack vs. city of Arroyo Grande.
(Government Code Sec. 54956.9 (a).
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SEPTEMBER 12, 1989
b. potential Litigation: Government Code Sec. 54956.9 (b) (1).
15. ADJOURNMENT
The council reconvened at 9:45 P.M. and immediately adjourned.
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