Minutes 1994-01-11
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JANUARY 11, 1994
CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
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The City Council of the City of Arroyo Grande met at 7:30
P.M., with Mayor Matthew Peter Gallagher, III, presiding.
1. & 2. FLAG SALUTE AND INVOCATION
Mayor Gallagher led the Pledge of Allegiance to our Flag, and
the Rev. Paul Jones, Retired, pismo Beach delivered the
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lnvocatlon.
3. ROLL CALL
Present were Mayor Gallagher and Council Members Drew Brandy,
\-- Bernard Burke, Gene Moots and James Souza. Staff Members present
were Acting City Manager Rick TerBorch, city Attorney Roger Lyon,
City Clerk Nancy Davis and Chief of Building and Fire Kurt Latipow.
4. ORAL COMMUNICATIONS
None.
5. CONSENT AGENDA
It was moved by Burke/Moots, and the motion passed unanimously
to approve Consent Agenda Items 5.a. through 5.j., with the
recommended courses of action.
5.a. Proclamation Honoring Ruben Cavanillas, Recipient of the "Ken
Talley Award." Mr. Cavanillas was present to accept the
proclamation from Mayor Gallagher.
5.b. Proclamation Honoring Kenneth and Gabriele Levine, "Citizens
of the Year." The Levines were present to accept the proclamation
from Mayor Gallagher.
Chamber of Commerce Executive Director Heather Jensen said the
awards to Mr. Cavanillas and the Doctors Levine would be presented
at the Chamber of Commerce's annual dinner January 19, 1994.
5.c. November 23, 1993, city Council Minutes. Approved.
5.d. December 14, 1993, city Council Minutes. Approved.
5.e. January 5, 1994, Senior Advisory commission Minutes.
Information.
5.f. December, 1993, Investment Report. Information.
5.g. Fourth Quarter, 1993, Sales Tax Revenue Report. Information.
5.h. Purchase of Radar Units; Police Department; Budgeted Item.
Approved.
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5.i. Emergency Replacement of Non-Budgeted Items (Computer); Fire
Department. Approved.
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5.j. Ratify Designation of Rick TerBorch as Acting City Manager
During the Absence of the City Manager. Approved.
6. REGISTER OF CHECKS
It was moved by Souza/Moots, and the motion passed unanimously
to approve Cash Disbursements in the amount of $518 150.50 as
listed in the December 28, 1993, Staff Report of Finan~e Dire~tor
David Bacon.
7.A. CONTINUATION OF PUBLIC HEARING - SECOND READING OF ORDINANCES
AMENDING AND UPDATING THE UNIFORM FIRE CODE. BUILDING.
PLUMBING/SOLAR ENERGY, MECHANICAL. ABATEMENT OF DANGEROUS
BUILDINGS. ELECTRICAL. SWIMMING POOL AND SOLAR SWIMMING POOL/SPA.
AND SIGN CODES THAT SET STANDARDS FOR THE CITY TO FOLLOW: CITYWIDE
Acting City Manager TerBorch said at the last meeting there
were some concerns that the Council directed Staff to address. He
asked Fire Chief Latipow to discuss his December 27, 1993, report
on Emergency Vehicle Access, Egress and Grade Requirements.
The Chief said the City's requirements are in line with many
other jurisdictions, but are not quite as restrictive as some in
the State. He said there was nothing in the proposed amendments to
the model code that had to do with grades or turning radiuses.
After being assured that the Public Hearing had been duly
published and all legal requirements met, Mayor Gallagher opened
the hearing to the floor.
Speaking against the State Fire and Building Codes' proposed
amendments requiring sprinkler systems in new and remodeled
buildings were BOB BOWEN of 1033 Acorn, TIM QUIGGLE of the Chamber
of Commerce, ED DORFMANN of 289 LaCresta, KEVIN HUNSTAD of 743
Scenic Circle and TONY OREFICE of 980 Robin Circle. Mr. Bowen and
Mr. Hunstad also asked for clarification of the sprinkler
requirements with regard to grade.
When no one further came forward to speak, Mayor Gallagher
closed the hearing to the floor.
Mayor Gallagher said the State building codes are updated
every three years. He said city Staff had recommended that the
Council hold the approval of the State Building Codes and
amendments in abeyance until such time as the city receives the new
building codes in the spring, reviews the 1994 codes and evaluates
what the City's needs are, based upon the updated codes.
council Members discussed with the Fire Chief the question of
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JANUARY 11, 1994
fire sprinkler requirements and grades of streets and driveways in
projects. Council Member Moots expressed concerns about the removal
of parking in cul-de-sacs and designing streets to meet the
requirements of the City's large fire truck. The Fire Chief said he
makes decisions on whether or not to require sprinklers based on
the particular problems of each individual project, keeping in mind
public safety.
Mayor Gallagher talked about the City's fire response time of
eight minutes, and the Fire Chief said during that time "flash
over" could occur over the contents of the room involved and the
fire could spread to other rooms. He said sprinklers contain a
l fire usually in two minutes.
Council Member Souza asked if the Fire Chief could override
the city's standards if he felt it was necessary, and the Fire
Chief said yes. The City Attorney said the Fire Chief also is
dealing with two types of development, new subdivisions or multi-
unit projects that require discretionary use permits that offer a
lot more flexibility and means to exercise discretion to impose
requirements, versus the infill lots in the already-existing
developments where his only authority is dealing with the uniform
codes and the issuance of building permits. Council Member Burke
said he thought the State Code fire regulations had sufficient
safeguards.
It was moved by Moots/Brandy, and the motion passed
unanimously to hold the approval of the State Building Codes and
amendments in abeyance until the City receives the 1994
Construction Codes, at which time they can be addressed again.
8. WRITTEN COMMUNICATIONS
None.
9. ORAL COMMUNICATIONS
Mayor Gallagher referred to the January 3, 1994, memorandum
from the Chief of Police praising members of the city's special
Response Team for its work on a "callout" in Grover Beach January
1, 1994.
10. CLOSED SESSION
City Attorney Lyon said the Council would be discussing in
Closed Session Personnel matters; Pending Litigation pursuant to
Government Code section 54956.9 (a) concerning Kawaoka vs. city of
Arroyo Grande, Mack vs. City of Arroyo Grande, Pace-Ellsworth vs.
city of Arroyo Grande, Fuller vs. City of Arroyo Grande and Teeters
vs. City of Arroyo Grande, and Anticipated Litigation pursuant to
Government Code Section 54956.9 (b) ( 1 ) . It was moved by
Moots/Souza, and the motion passed unanimously to adjourn to Closed
Session at 8:27 P.M.
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11. ADJOURNMENT
The Council reconvened after Closed Session. It was moved by
Burke/Moots, and the motion passed unanimousJ.y to adjourn the
meeting at 10:16 P.M.
ATTEST: 1~ a. ~
NANCY A DAVIS, CITY CLERK