Minutes 1989-09-26
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. MINUTES
MEETING OF THE CITY COUNCIL
TUESDAY, SEPTEMBER 26, 1989
CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
The City council met at 7:30 P.M., with Mayor Mark M. Millis
presiding.
FLAG SALUTE AND INVOCATION
Mayor Millis led the Pledge of Allegiance to our Flag, and the
Rev. James Wickstrom of Berean Bible Church deli vered the
invocation.
ROLL CAL~
Present were Mayor Millis aneS Council Mell\l:)ers A.K. "Pete"
Dougall, Gene Moots, Doris Olsen 'aneS B'Ann smith.
4. ORAL COMMUNICATIONS
JOHN KEEN of 298 N. Elm Street said that Agenda Item 10.C.(1)
was not a recommendation of the Parking and Traffic Commission.
JOHN CLARK of 20'4 Short Street, representing the Village
Improvement Association, requested to speak at Agenda Item 8.A.
5. CONSENT AGENDA
It was moved, and the motion passed, to approve Consent Agenda
Items S.A. through S.F. and S.H.
S.A. Proclamation, "Fire prevention Week," October 8 - 14, 1989.
Proclaimed. Accepting was Fire Inspector Phil Panos.
S.B. Proclamation, "Hospice Month," Novell\l:)er, 1989. Proclaimed.
Accepting were John Keisler and Diana Carter-Coates.
5.C. proclamation, "GooeS Neighbor Months," septell\l:)er - December,
1989. Proclaimed. Accepting was Dixie Budke.
S.D. Proclamation, "Erosion Control Month," September 15 - October
15, 1989. Proclaimed. Accepting was Stan Honeycutt.
5.E. Proclamation, "Constitution Week," september 17 - 23, 1989.
Proclaimed. Accepting was Estelle Baldwin.
5.F. September 12, 1989, City Council Minutes. Approved.
5.H. August 14, 1989, Parking and Traffic Commission Minutes.
Information.
Council Member smith requested a correction of Consent Agenda
Item 5.G. She said the August 7, 1989, Parking and Traffic
commission Minutes should list Cleo silva as present at the
meeting.
- All Council Members expressed regrets over Consent Agenda Item
5.J. Letter of Resignation from william Gerrish, Chairman, Planning
commission, Effective September 30, 1989. Staff was directed to
prepare a plaque for Mr. Gerrish.
It was moved, and the motion passed, to approve Consent Agenda
Items 5.G. with the correction, and 5.J. with regrets.
Mayor Millis and Council Member Dougall left the room after
saying they may have conflicts of interest concerning Consent
Agenda Item 5.1. Final Approval of Tract Map 1669, Corbett canyon
Road (Newport properties; a California General Partnership).
Council Member Smith asked for clarification on the location
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CITY COUNCIL
SEPTEMBER 26, 1989
of the Tract, and Planning Director Doreen Liberto-Blanck showed
the Tract on a map on the wall.
It was moved, and the motion passed, to approve Consent Agenda
Item 5.1., with the conditions outlined in the september 20, 1989,
Staff Report Recommendation of Public Works Director Paul Karp.
Mayor Millis and Council Member Dougall returned to the dais.
6. REG..~J;;\LQJ".J!MBl\~
It was moved by Dougall/Smith, and the motion passed, to
approve the Cash Disbursements, as contained in the September 20,
1989, Staff Report of David Bacon, Finance Director. '""
~L..A.,-_J?W~.I,.IC ~.~R1J:I.G - TEMEQMR.Y CL_O)lJ.lRE OF :REl:I~
i\.t'J'J!.Q)5.IW!:x:.I~I..L~~L.t.~~J!QBTl:LQ.f THE s;..T,lga LrNJL.Q.E.....C:QBH1fA~WlJt...TQ
:r.JitL5..QJJ.IILgmp-LUfE OF ~QMWAI.t1L-~. DURING THJLR1::.H.Q.tI.~y.U!.G....Qx.
:I'.l:ULl'SU.KE-fl\a.LI.'l:YL..AND PL~g::.lmM.L-QY- THRM ~EMP01WU'-9~G..&
XMl.L.J::.RS-9N TH!L-.~ PORT;(9)1 OF R!:;NA STJ3.EET. TO SERVE AS
~P..9~JLlAgLITIES DURInG CONS~~QH
City Manager Chris Christiansen said the temporary structures
would be on the property for four to six months, and would be
removed when the facility renovation is completed.
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.
project Architect TONY OREFICE said the location chosen for
the temporary trailers would save the city money.
This was an informational item and no Council action was
taken.
l..&.--E.UJlN.U;_m;~EnLG-=-Mf&HI2.I.~ TrTLE 5. CIi~PTER 1 OF THE MUNrcrPAL
s;QD.L.J!.BQJ:J.nI.U);&;-S;A~D ROOMS WITijrN THE CUX
Mr. Christiansen referred to the September 19, 1989, Staff
Report of Chief of Police Rick TerBorch. Chief TerBorch
recommended that Card Rooms be prohibited in the City.
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. -
Council Member Smith said this ordinance would not prohibit
card games in private homes for social purposes.
Mr. Christiansen read the title of ordinance No. 415 C.S.
Amending the Municipal Code Title 5, Chapter 1 Regarding Card
Rooms. It was moved by Moots/Dougall, and the motion passed, to
dispense with further reading of the Ordinance. Mayor Millis said
that constituted the first reading of the Ordinance.
L&.J'_UJ~]"IC H.~RING - ^M~D.ilfG CHAPTER 4. ZpNING ORDINANCE. AP.J].1KG.
.:iT..b~$J..QR DESIGN OF PARKING STRUCTURES AND FOR RECREATrONAL
VEHIC~~~rNG IN CO~CIAL ZONEa
Ms. Liberto-Blanck referred to her Staff Report of september
26, 1989, and said the Planning commission has recommended that the
city Council (1) Adopt the Ordinance which adopts a Negative CITY
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143
CITY COUNCIL
SEPTEMBER 26, 1989
Declaration and approves amendment of Chapter 4, Article 26
(parking Standards) of the Municipal Code; and (2 ) Instruct the
City Clerk to file a Notice of Determination. Ms. Liberto-Blanck
discussed the eight major required Design Standards for Parking
Structures, and the requirement for Recreational Vehicle Parking
in new commercial developments. She said the Planning Commission
had decided the best solution to controlling stormwater pollution
is to require separation devices at the end of the line, before it
enters a stream, retention basin, or the ocean. She said the
proposed ordinance does not include any discussion of oil
separation devices.
There were Council questions of Staff.
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.
Council Member Smith said she was concerned about visibility
and fire. She said fire sprinklers should be mandatory. She asked
for stricter language concerning visibility in the ordinance.
Other Council Members agreed.
After further Council discussion, the title of the Ordinance
was read by Ms. Liberto-Blanck. It was moved by smith/Moots, and
the motion passed, to dispense with further reading of Ordinance
No. 416 C.S. Amending Chapter 4 of the Municipal Code to Amend
Section 9-4.2613, Establishing Recreational Vehicle Parking
Standards; and to Add section 9-4.2616, Establishing Standards for
Design of Parking Structures, with the following changes:
1. Fire sprinklers will be mandatory in the Ordinance.
2. The word "shall" will be substituted for the word "should"
throughout the document, except section 9-4.2616 (j) and (1) (2) .
Mayor Millis said that constituted the first reading of the
Ordinance.
8.A. UPDATE ON BRIDGE STREET BRIDGE AT ARROYO GRANDE CREEK
Mr. Christiansen referred to the September 21, 1989, Staff
Report of Mr. Karp, in which he discussed state and Federal funding
and time requirements, and saving the historic trusses for the
replacement bridge. The report also covered the possible
construction of a temporary pedestrian bridge, and communication
with the merchants south of the bridge.
Speaking in favor of the need for a pedestrian bridge as soon
as possible were JOHN CLARK, representing the village Improvement
-- Association; RALPH AND 3EAN BUSH, owners of businesses at 135, 137
and 145 Bridge and 111 Nelson; RON LEGAULT, owner of the cargo
company, and JOANNE NEWHOUSE, McLintocks manager. They said the
business loss has been dramatic, and that they would normally
expect a large increase in business during the holidays. Mrs. Bush
presented a list of the businesses affected by the bridge closure
to the Council members.
TONY OREFICE suggested that perhaps access to Bridge Street
could be gained over private property between the Swinging Bridge
and Bridge street.
Hayor Hillis said that the council's and Staff's number one
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CITY'COUNCIL
SEPTEMBER 26, 1989
priority at this time is the bridge. He said the city wants the
bridge open as soon as possible, but licensed structural engineers
have told the city the bridge is not safe. He said the city is
looking at all possibilities, including opening a pedestrian
walkway. He also directed Staff to look into the possibility of
constructing a bridge over the creek at Kiwanis Park. He said the
staff and Council should keep in regular communication with the
merchants.
8.B. ~~~PS AT CAMINO MERCADO
No Report.
~.
~L~._-1fl-t&R~C~Q<<--I~OVEMENTS AT WEST BRANCH STREET/GRAND
AVENU~ITI.C WAY AND WESLEY STREET
No Report.
S . D. t'.OLICE J'AW.:UX J::.xENW~
Mr. Christiansen referred to his September 22, 1989,
memorandum, and recommended that the city Council award the bid for
the renovation of the Police Station to D. W. Peterson Construction
in the amount of $690,000.00, which is the low bid.
It was moved, and the motion passed, to approve the
recommendation and authorize the Mayor to sign the contracts.
S . E . y"~U...QJ'.-.:m.E_yJ:;l!.JmA.tu'J.iAH
Ms. Liberto-Blanck referred to her Staff Report of September
26, 1989. and reviewed the schedule for the completion of the
Update of the Land Use, Open Space, Conservation, and Housing
Elements of the city's General Plan, and for the preparation of the
Development Code (Zoning and Subdivision Ordinances) and Resource
Management Plan.
There was Council consensus to approve the schedule, and to
salect November 20, 1989, as a suitable date for a joint meeting
with the Planning commission before the draft general plan and EIR
are released for public review.
~~Y~STATUS OF THE FIVE-ACRE PARCEL FROM THE COUNTY OF SAN LUIS
OBISPQ
Mayor Millis, Council Members Dougall and Moots, and Mr.
Christiansen said they had possible conflicts of interest and left
the room.
Names were drawn to complete a quorum of the Council, and
Council Member Moot's name was drawn. He returned to the dais.
City Attorney JUdy Skousen said, pursuant to Council
direction, she and the Department Heads attended the Board of
supervisors meeting September 19, 1989, to urge the County to ~
complete the escrow on the five-acre parcel adjacent to the
Community Center. She said Supervisor Johnson indicated that the
Board supports the agreement deeding the land to the city, but that
the city's disagreement with developer Don MCHaney must be settled
first.
She said she had tried to contact Mr. McHaney, but that he is out
of the County. She referred to her September 12, 1989, letter to
the Board requesting that the land exchange be completed. She said
the developers want to put a two-year deadline (instead of 10
years) for voters to decide where a new City Hall will be located.
She said the City is willing to sign a resolution stating that
municipal offices will be put on the five acres.
After Council questions of Mrs. Skousen, it was moved by
Olsen/Smith that, if there is no agreement to close escrow by
October 15, 1989, the city Attorney be aut~orized to file a lawsuit
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CITY COUNCIL
SEPTEMBER 26, 1989
against the County, the Royal Oaks developers, Mid-State Bank,
Howard Mankins, and others. On a roll-call vote, Council Members
Olsen, Smith and Moots voted aye.
Mayor Millis, Council Member Dougall and Mr. Christiansen
returned to the room.
9. A. METROMEDIA REOUEST FOR PERMISSION TO INSTALL ADDITIONAL PAGING.
TRANSMITTERS AT R~SERVOIR NO.2
Mayor Millis said he may have a conflict of interest and left
the room.
Mr. Christiansen said he had no new information since the last
meeting. The agenda item was continued to the meeting of October
10, 1989.
Mayor Millis returned to the dais.
9.R. AWARO OF CONTRACT FOR THE COHSTRUCTION OF THE SH.ALI~OW PASO
ROBLES AND THE DEEP PISMO TEST WELLS. PROJECT NO. 60-89-2
JIM GARING, Garing, Taylor and Associates, engineers for the
project, gave an overview of the City's position with regard to
water. He discussed the state Safe Drinking Water Bond Law, the
City's need for supplemental water, and the Phase I Water System
Study Update, which clarifies the future needs of the city. He
said the City has water to serve 16,400 citizens, and that point
will be reached by 1991 to 1994. He said a supplemental source is
needed because the City could reach short peak capability by 1990.
He described the city's present wells. He said and tho project in
question would include drilling two wells, one to replace an
existing well at the Soto sports Complex, and a test well on the
St. Barnabas Well Site. He said the well at St. Barnabas would not
interfere with water used by Arroyo Grande farmers.
There were Council questions of Mr. Garing. Council Member
Moots questioned the variation in the bid amounts and said the
costs were too high. He said the State money was not free, and
that it would have to be paid back. Council Member Smith said
their needs to be a Water Conservation Program in the City.
Hr. Garing said there may be a well site in the Rancho Grande
development.
It was moved, and the motion passed, to approve the awarding
of the contract for the project to Haggiora Brothers Drilling,
Inc., in the amount of $174,850, subject to State Department of
Water Resources approval, and, if no water is found in the test
well at St. Barnabas, the Council will meet to decide whether to
drill another test well.
1.0.A. REPLACEMENT OF WATER MAIN IN BRANCH MILL ROAD: UNBrJ..QGETED
~
Council Member Moots said he may have a conflict of interest
and left the room.
Mr. Christiansen referred to the September 20, 1989, Staff
Report of Mr. Karp, who recommended that the City Council consider
allocating funds in the amount of $15,950.00 from the Water
Facility Fund Number 42 to allow the City to enlarge and lower the
water line in Branch Mill Road in the vicinity of Coach Road; and
authorize the Staff to enter into an agreement with contractor,
Craig Beecham to perform the work.
After Council questions, it was moved by Dougall/Olsen and the
motion passed, to approve the recommendation.
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CITY COUNCIL
SEPTEMBER 26, 1989
J...Q..JLJ,~'J:1j:.R....QJ'_1m.OJH:.$.LT2-11Q.I:LD A RETAI.HI}K;~L1L.1A1aL.~ THA~L..IJ:m .
.~J2::.11iCILs..'.tAliI2A:QD_(n:_J~Q'y~j, OAKS, LOT 124. 105 RODEO DRIVE (MILES
MIL~Ro.....AHtL~JLS.HMnBl
Mr. Christiansen referred to his memorandum of. September 21,
1989, and recommended approval with the following conditions:
(1) The retaining wall to be designed by a civil Engineer.
(2) Retaining wall will not create any drainage problem to adjacent
properties, existing drainage swales and structures.
It was moved by smith/Dougall, and the motion passed, to .......,
approve the recommendation.
..1._0......c....W~S.,.AnLI.:;;1IM~~lLffYARD STOP SIGN AT THE INTERSECTION
OF SOJ.l.'11i.JJASPN STJY;_Et ~N.tLlm:t&.Q~
It was moved by Smith/Moots (4-1-0, Smith, Moots, Olsen and
Millis voting aye, Dougall voting no) to approve Resolution No.
2345 Establishing a Boulevard stop Sign at the Intersection of
South Mason Street and Nelson street.
.lJlt..C-"-L~J.......E..s..T.AJiL.Im:W.&ti'LQf .A "SI~Y (60) IU.mrr~BKlm;~Q1m.-QH...A
P..Q.RT_I..QN-9...l':J'.HAU~~L.LUjjJBAF:tIC WAY} JUlCQ8P..&tSDiG A M:tNIMUM O~
1.HREE (3} PAAlU~..f~.tS-1.8k":.~tI.-B~ON NO. UUJ.
It wasJl\oved by Smith/Dougall (5-0-0, Smith Dougall, Moots,
Olsen and Millis voting aye) to approve Resolution No. 2346
Establishing a "Sixty (60) Minute Parking" Zone on a Portion of
Traffic Way (146 Traffic Way) Encompassing a Minimum of Three (3)
Parking Spaces (Repeal Resolution No. 2319).
11. ~ITTEN COMMUNICATIONS
None.
12. O~~ COMMUNICATIONS
None.
13. CLQS1;JL~~IOij
On motion of Moots/Dougall, the Council adjourned at 9:17 P.M.
for a Closed Session on Personnel, Potential Litigation: Government
Code section 54956.9 (b), and Litigation: Government Code Section
54956.9 (c).
J. 4. ADJOURNMENT and immediately
The Council reconvened at . 11:05 P.M.
adjourned.
'-- M~' i4dfk>
"""'"
YOR
ATTEST: 7JAM~ a. ~
crr. CLERK