Minutes 1989-12-12
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MINUTES
MEETING OF THE CITY COUNCIL
TUESDAY, DECEMBER 12, 1989
CITY COUNCIL CHAMBERS, 2'15 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
The City Council met at 7:30 P.M., with Mayor Mark M. Millis
presiding.
~~UTF. AND INVOCATION
Mayor Millis led the Pledge of Allegiance to our Flag, and the
Rev. Dennis Mogavero of Oak Park Christian Church, Grover City,
delivered the invocation.
ROLL CAIJ..
Present were Mayor Millis and Council Members A. K. "Pete"
Dougall, Gene Moots and Doris Olsen. council Member B'Ann Smith was
absent.
A...-QW\L C9.M!iV~Q.Ns.
.1...A... HERMAN E. OIJ\VE of 222 W. Cherry Avenue presented a
petition to the Council protesting the parking by Arroyo Grande
High School staff and students on the neighborhood streets around
the school. He ~aid that' driveways are often blocked, that cars
are parked by fire hydrants, and that streets cannot be swept
because of all the cars. He brought figures to the Council showing
that while school cars are on the streets, there are empty spaces
in the school parking lot.
Mayor Millis said the School District has control over permit
parking in the lot, but that the City is in charge of the street
parking. City Manager Chris Christiansen said Staff would check
into the matter. .
~~ KEN DETILLA of 299 Sunrise Drive represented the
residents of Sunrise Mobilehome Park in thanking the Council and
Staff for their efforts in enforcing the City's Mobilehome Rent
Stabilization Ordinance, including the recent Temporary Restraining
Order obtained by the City Attorney. Mr. De'1'i11a presented a thank
you card to the Council.
.~ NANCY WOOD, San Luis Obispo County Recycling Coordinator,
told the Council that AB939 mandates that recycling will be the law
in California and cities will be required to divert 25 percent of
the waste stream by 1995 and 50 percent by 2000. She said the City
should start as soon as possible to get recycling credit. She said
a curbside recycling program is always the cornerstone of any
municipal plan.
Mayor Millis said City staff has been directed to prepare a
recycling plan and Council would be seeing the plan in January,
1990.
.1.....D... JOHN CLARK of 132 Bridge praised the City for the
Christmas decorations in the Village, but said the rest of the City
should have decorations. He said the merchants on Grand Avenue
should be urged to work with the city on this project. He said the
Village Merchants Improvement Association would pay for more
decorations in the Village.
~ TOM MARTIN, controller for the South County Sanitation
Company, said sanitation trucks. now . will have plastic bottle
compactors, and will be able to accept plastic for recycling.
.'i._J::.QliS.EN.I....Ac.ENDA
It was moved by Olsen/Dougall, and the motion passed, to
approve Consent Agenda Items 5.A. through 5.F., 5.H. through 5.L.
and 5.N., with the recommended courses of action.
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MINUTES
DECEMBER l2, 1989
5.A. November 14, 1989, City council Minutes. Approved.
5.B. November 20, 1989, City Council Minutes. Approved.
S.C. Dc~ember 6, 1989, Senior Advisory commission Minutes.
Informat~on.
5.D. November, 1989, Investment Report. Information.
5.E. City Investment Policy. Approved.
5.F. Annual General City Audit. Information.
5.H. Second Arroyo Valley Car Club Show, July 28, 1990. Approved.
5.I. Countywide Meeting of Planning commissioners. Information.
5.J. Request from Mr. and Mrs. Ritchie for Determination - Guest
House/Room Addition. Information.
5.X. Acceptance of Additional Sewer Easement; Newport Properties
(Highway 227 in the Vicinity of paseo street). Accepted.
S.L. Direct Noticing to Property Owners of General Plan Hearings.
Information.
S.N. Progress Payment No.4, Arroyo Grande Police station
Renovation, Project No. 754. Approved.
~~~ council Members began discussion of Item 5.G. Purchase
of New Fire Pumper, Budgeted Item.
JIM HOWELL of Modesto, a representative of F.M.C., objected
to the awarding to bid for the Fire Pumper to E-One. He said that
E-One deviated from the specifications in an important area. He
said that tho F.M.C. bid would h3ve been lower it it had bid all
aluminum construction instead of steel.
Mayor Millis said all bidders on the Fire pumper had
deviations from specifications. Fire Chief Doug Hamp said that 84
man hours had gone into researching the bids, and this was the best
recommendation the committee could make.
There comments by Mr. Howell about inspection trips being
included in the bid of E-One. Mr. Christiansen said the trips were
included.
It was moved, and the motion passed, to approve the
recommendation to award the bid to E-One.
~~~ council Members discussed Item 5.M. Unreinfo~ced Masonry
Building Policy. council Member Moots said he wanted to be sure
the city was complying with state law in this matter. Mr.
christiansen said that the Policy statement would meet the state
Requirements.
It was moved by Olsen/Moots, and the motion passed, to approve
the Unreinforced Masonry Building policy recommended by Mr.
Christiansen in his memorandum dated December 8, 1989.
6. RE(;JlIT_tILQ.F~J:lli~~;i
It was moved by Dougall/Olsen, and the motion passed to
approve the Cash Disbursements, as contained in the December 4,
19B9, staff Report of Finance Director David Bacon.
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MINUTES
DECEMBER 12, 1989
7. PUBLIC HEARING - INCREASE IN TENMlTS' RENTS AT VAGABOND
MQBILEHOME PARK. 53~ TRAFFIC WAY. IN A~pRDANCE WITH ARROYO GRAMD~
~QMICIP~ CODE SECTION 5-l6.~) HARDSHIP EXCEPTIONS. TH E OWNlJCi.
Q~~-HQaILEHOME PARK IS REOUESTING-^N INCREASE IN TE~N~:~~
IH~N'I'S '1'0 C9INCIDE W!TH THE LATEST INCREASE IN WATER RATES BY 'fHE
~.l..I!I->79J:!.NSON. 0-b'li.tf1U.
Mr. Christiansen referred to his memorandum dated December 8,
1989. He said that the mobi1ehome park owner was requesting a rent
increase for his tenants to cover the cost of the recent City water
rates increase.
After being assured 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.
MELVIN JOHNSON, owner of Vagabond Mobilehome Park at 535
Traffic Way, read a statement dated December 12, 1989, to the
council. Mrs. Johnson distributed copies of the statement to the
Council Members and Staff.
Mr. Johnson asked the Council to allow him to pass on the
minimum water rate increase, the Lopez Lake Treatment rate
increase, and the sewer treatment increase 100 percent to the
residents of The Vagabond Mobilehome Park along with a cost-of-
living adjustment which has been scheduled to become effective
January 1, 1990. He also asked that the Council consider a change
to the city Mobilehome Rent stabilization Ordinance, which would
automatically allow for such mandated changes that are inevitable
in the future.
DORA ESREY of Space 35 asked if the increase being requested
would be in addition to the regular increase allowed by the City
ordinance. Mr. Johnson said yes.
MARGY RITTER, who also lives in the mobilehome park, objected
to the increase because she is on a fixed income.
There were no further pUblic comments, and Mayor Millis closed
the pUblic hearing to the floor.
Council Member Moots asked if any of the other mobilehome
parks in the city have this situation of all tenants on one water
meter. NORM STEVENS said that his park has the same situation and
so far he has not heard that the owners want to change the rent for
that reason.
There was further discussion of how utilities are handled in
the other mobilehome parks in the City.
Mayor Millis said that the city's rent stabilization ordinance
allows for a rent increase every year just for this purpose. He
said Mr. Johnson is asking for the rent increase plus the water
increase. He said he is concerned about those on fixed incomes,
and the precedent setting nature of this increase.
Mr. Johnson pointed out that the annual increase allowed does
not keep up with inflation. He said mobilehome owners are the only
people in the City who did not get increases in rates for water
usage.
After further discussion, it was moved by Moots/Olsen, and the
motion passed, to deny the water increase to Vagabond Mobilehome
Park because there is no hardship exceptance due to the fact that
the park owners are allowed an increase of 7'5 percent of the
National Consumer Price Index to cover this.
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H.I.NJ.l.TE.S.
OJ;;CEMDER l2. 1969
8. A. UI'.DA:r.E_OtLD.RID_~E.~'.{.l\.E.l;'rJ!.IiI~J,;;.....A'L.AI3.B.Q..X9_mJhl!.Qf.s.Bf'};;JS...
Pub11c Works Dlrcctor Paul Karp sa1d that bids for the bridge
restoration would be opened and award would be orally recommended
by Engineer Fred Schott on January g, 1990. He said that at that
time the Staff also will recommend that the Council direct the
contractor selected to order the necessary raw materials required
for the project. He said this directive would reduce anticipated
delars Wh1Ch could occur as a result of extended time necessary to
acqu1re steel for the project. He referred to his December ."
1990 ~ letter to those interested in the progress of the bridge
repalr.
Letters thanking the City for placement of four directional
.signs were read by MRS. JEAN BUSH, developer of property south of
the bridge, and CAROL GEMEINHARDT of Creative Cakes and Company.
Mr. Karp noted that the signs were billed to the insurance
company of the man who damaged the bridge in an automobile
accident, as were the other detour signs previously installed by
the City. 6. D. I:!QQIS...J3L'lliJ'S AT CAMINO MERCADO
No Report.
_0_&._J:N.'J:~~SJ~9..Lt.QN---1:Mrn9_~M"Illi:rS_lt.T WEST BRANCH STREET/GRAND
AVENU~~Bh):E~C WAY AND WESLEY STREET
No Report.
0.0. Po;"Ic.ILJ'.AG.:U.I..~J:WIllQN
Mr. Christiansen said that the new roof will be constructed
on the building withi.n one or two weeks. TONY OREFICE, architect
for the project, said the contractor is ahead of schedule.
6 . E . ~^':tE.R..RID'_OJIT
Council Member Olsen said that Deputy County Engineer Clint
Mi.lne has reported that the draft Environmental Impact Report on
the state Water Project will be given to the cities in January,
1990, and the final EIR is expected in september, 1990. Council
Member Olsen said she is concerned because there will be changes
between the draft and final EIR and, with the citizens of Arroyo
Grande voting whether to accept the state Water in November, 1990,
there may not be enough time to study the issue properly. She said
the water costs will be flexible, and the figures could keep
changing. She said San Luis Obispo County is telling the affected
entities to hold elections in November, 1990, but Santa Barbara
county is looking toward a 1991 election.
Mayor Millis said he hopes that all citizens in the county
have an opportunity to vote on the state water. He said Arroyo
Grande and the Nipomo Community Services District so far are the
only entities in the County which will be voting on the issue in
1990. He said if all cities do not participate in the water
project, costs will be higher than is being stated now.
council Member Olsen said Mr. Milne said the State water woulrl
cost $300 to $700 per acre foot. She said the State water project
is growth-inducing.
There was further discussion. Mayor Millis suggested that
letters should be written to the other entities in the county
saying that Arroyo Grande is going to poll its citizens on the
November, 1990, ballot as to whether or not they wish to
participate in the State water project. Mayor Millis said the
letters should urge the entities to take the same action. He said
the state water could be so costly it could change people's lives.
other council Members agreed that letters would be a good idea.
Mr. Christiansen said the letters would be sent.
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MINUTES
DECEMBER 12, 1989
!2.l\. ESTABLTSHMENT OF BANX CARD ~CCOUNTS
Mayor Millis and Council Member Dougall said they may have
conflicts of interests on this agenda item. city Attorney Judy
Skousen said that because of Council Member Smith's voluntary
absence and the lack of a quorum, no action could be taken on the
item.
9.B. 1990 STRAWRF.RRV FESTIVAL
Mr. Christiansen referred to his memorandum of December 8,
1989, and recommended that the Council approve a resolution
requesting Cal Trans to permit closure of Branch Street. He also
told the Council that the Festival committee is requesting that the
City crews perform the cleanup, including the creek area, on the
Monday morning after the festival.
JOHN CLARK, chairman, said that the Festival will cover all
costs for clean-up, including the cleaning of the streets.
Mr. Christiansen said that decorative fence rails at Branch
Street and Traffic Way should be removed during the festival, to
minimize City liability.
It was moved by Moots/Olsen (4-0-1, Moots, Olsen, Dougall and
Millis voting aye, Smith absent) to approve Revolution No. 2357
Requesting Authorization to Close City streets.
9. C. ~pLUTION DESIGNATINC A LANDMARK TREE. 214 EAST BElili.Qtl..lL~
It was moved by Moots/Olsen (4-0-1, Moots, Olsen, Dougall and
Millis voting aye, Smi th absent) to approve Resolution NO. 2356
Designating Landmark Tree 89-52.
.l.Q . WRITTEN COMMUNICATIO~
None
11. ORAL COMMUNICATION~
Council Member Moots described a new committee being formed
in the County...the Growth Management Committee, which will include
the planning staffs of the Cities and the County. He said the Area
Coordinating Council will be the lead agency for the committee.
He said what areas the committee focuses on are crucial. He
expressed concern about the possible erosion of local control. He
said there are areas where the cities and county could cooperate,
but that the focus of the committee is very important.
~CLOSED SEsSION
The Council went into closed session at 9:18 P.M. to discuss
pending litigation pursuant to C.C. Sec. 54956.9(a) and personnel
pursuant to G.C. Sec. 54957.
l3. ADJ:Q.URNMENT
The council reconvened at 9:45 P.M. and immediately adjourned.
MAYOR
ATTEST:
CITY CLERK
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