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Minutes 1989-09-12 ;~.~~ ~ ~ ! I I I 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. 1 ------.---.- . -..... -.---.-----...---. -_.... .--.. "." 'n ..... OM ._____.__.. "'--"-,_,..~._...__.____._.......__.__.__ ._....____ ~ ..._ ............. . _ '_" 135 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 I 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 , 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. , I , 6.C. August 22, 1989, city council Minutes. Approved with ! corrections. : i 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 I 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; 2 .L V U ~,_ CITY COUNCIL 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 3 -- . _.-._._.__._~-'.----__ .__.- -_.____....___..._.__._ .__..... 0-"" --" ~ - 137 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 4 .L V U . ~ ." COUNCIL 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 5 . _.,____~.___. _.____.. ,__ ___._......m_. ..... ..... . . -, .. 139 CITY COUNCIL . 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. , , 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). 6 .L'+U ~ - CITY COUNCIL 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. ~(a~ MAYOR ATTEST: ~ .().~ ~y ~LERX '-" 1 I .....,; .