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Minutes 1989-12-12 --- '~.., 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. 1 ..,.,.-, -" 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. 2 . . ~ ..~ 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. 3 ..- -~ -', 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. 4 . . - 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 5 - - - ..~._------ -----------