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Minutes 1993-12-14 > \ , . . ., " \ 204 ( -- MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, DECEMBER 14, 1993 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 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 Reverend Father George of Saint Patrick's Catholic Church delivered the invocation. 3. ROLL CALL Present were Mayor Gallagher and Council Members Drew Brandy, Bernard Burke and Gene Moots. Council Member James Souza was absent. Staff Members present were city Manager Chris Christiansen, city Attorney Roger Lyon, City clerk Nancy Davis, Finance Director David Bacon, Planning Director Doreen Liberto- Blanck, Chief of Building and Fire Kurt Latipow and Public Works Director Van Laurn. 4. ORAL COMMUNICATIONS None. 5. CONSENT AGENDA It was moved by Moots/Burke to approve Consent Agenda Items 5.a. through 5.g., with the recommended courses of action. Moots, Burke, Brandy and Gallagher voted aye, and Souza was absent. 5.a. December 1, 1993, Senior Advisory Commission Minutes. Information. 5.b. November, 1993, Investment Report. Information. 5.c. Liability Claim, Mamie Blaisedell. Claim rejected. 5.d. Liability Claim, Rosie Colton. Claim rejected. 5.e. Computer Replacement; City Clerk's Office; unbudgeted Item. Approved. 5.f. Planning Department Informational Pamphlets Regarding Conditional Use Permits, General Plan, Zoning Ordinance, and Development Code. Information. 5.g. Resolution No. 3015 Declaring the City Council's Intent to Hold a Public Hearing at 7:30 P.M. January ll, 1994, to Ascertain Whether a Public Nuisance Exists at Property Located at 202 Alder Street. Approved. 1 -- -- . 205 / CITY COUNCIL MINUTES DECEMBER 14, 1993 6. REGISTER OF CHECKS It was moved by Burke/Brandy, and the motion passed unanimously to approve Cash Disbursements in the amount of $786,526.60, as listed in the December 8, 1993, Staff Report of Finance Director Bacon. 7.A. SECOND READING OF ORDINANCE ISSUING A CATEGORICAL EXEMPTION. AMENDING CHAPTER 9 OF THE MUNICIPAL CODE (AMENDMENT TO THE DEVELOPMENT CODE) AND INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF CATEGORICAL EXEMPTION: REZONE CASE NO. 93-001 It was moved by Moots/Brandy (4-0-1, Moots, Brandy, Burke and Gallagher voting aye, Souza absent) to adopt Ordinance No. 460 C.S. Issuing a Categorical Exemption, Amending Chapter 9 of the Municipal Code (Amendment to the Development Code) and Instructing the City Clerk to File a Notice of Categorical Exemption (Rezone Case No. 93-001). 7.B. 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 Mr. Christiansen said the Council had before it the model code ordinances and a resolution accepting the "Findings of Fact," including Exhibit A that outlined in detail the findings. After being assured that the Public Hearing had been duly pUblished and all legal requirements met, Mayor Gallagher declared the Public Hearing open and said all persons would be heard regarding the matter. Speaking against the adoption of the Uniform Fire Code and Building Code ordinances, because they contained sections requiring fire sprinkler systems in certain buildings, were the following people: TIM QUIGGLE AND HEATHER JENSEN, speaking on behalf of the Arroyo Grande Chamber of Commerce; BOB BOWEN of 1033 Acorn; TONY OREFICE, 980 Robin Circle, and RICHARD DE BLAUW of 744 Alta Vista Way. Their objections included, 1) there would be a financial burden on small businesses: 2) it would take too long to recoup the cost of the sprinkler systems through reductions in insurance rates; 3 ) the wording of the requirements would cause confusion; the timing is bad because of the poor business climate, 4) the State fire requirements offer a safe enough environment and 5) the turning radius of the City's large fire truck is too great and increases the necessity for too-stringent fire safety requirements. 2 . --- \ , 206 , CITY COUNCIL MINUTES DECEMBER 14, 1993 When no one further came forward to speak, Mayor Gallagher closed the hearing to the floor. Council Members discussed City requirements and procedures with the Fire Chief. Council Member Burke said he would like to see small businesses excluded from the fire sprinkler requirements. There was discussion of businesses having to comply with earthquake standards, and the Fire Chief said two-thirds of the buildings in the Village have already done so. He said remodeled businesses would have to comply with sprinkler requirements only if bearing walls were being torn down, the remodeling costs exceeded 25 percent of the property's assessed valuation or square footage was being added. He said in reality a major portion of the businesses being remodeled would not have to install sprinklers. The Fire Chief said he it is his job to try to find ways to lesson the financial impact on the City caused by fires. He said there were 820 calls so far in 1993. He said the current volunteer fire fighters' response time is exceeding seven minutes, and during that time the contents of the building is being consumed by fire. Council Members said they would like some clarifications on some of the issues concerning fire sprinkler requirements, and it was moved by Moots/Brandy, and the motion passed unanimously to continue the discussion to the next scheduled meeting. Council Member Moots asked members of the audience to pass on to the Council any new information they had gathered. 8.A. APPEAL REGARDING WATER BILL: JOE FURINO: 315 N. ELM STREET JOE FURINO of 315 N. Elm Street said someone was living in his house without his permission, and that the City had refused to stop water service to the house even though he had requested that action. He asked the Council to change City policy and 1) close out water service accounts when asked to by the property owner, 2) not to accept water payments from anyone other than the property owner, and 3) for a one-year rebate or credit for the amount of water service billed to him. City Attorney Lyon said the City cannot act as an eviction agency. He said the tenant has rights and the city must follow due process. He said he would like to research the question of whether the City must accept payment from the tenant. Mayor Gallagher directed the City Attorney to research the legal issues and respond to Mr. Furino by letter. 3 -...----.------ - --.---.----.---......--.,,---- > , 207 CITY COUNCIL MINUTES DECEMBER 14, 1993 8.B. REOUEST FOR DISCUSSION WITH CITY COUNCIL REGARDING THE NATIVITY SCENE (WHICH HAS BEEN LOCATED IN HART-COLLETT VOLUNTEER FIRE FIGHTERS MEMORIAL PARK IN THE PAST) : KATHY VALLENDER: 420 LEANNA DRIVE KATHY VALLENDER of 420 Leanna Drive objected to the City moving the Christmas Nativity scene from the Hart-Collett Park to the lawn in front of Amanda's Interiors at 124 West Branch street. Ms. Vallender said it had been a 20-year tradition that the Nativity scene was placed in the park and the City should not have moved it because of a few protestors. Speakers who agreed with Ms. Vallender were MIKE CONNOLLY of 215 Oro Drive, HENRY MAYO of 873 Turquoise Drive, RUBIN KVIDT of 116 vista Drive, RAMONA TEICHERT of 203 Bridge Street, TERRY JOHNSON of 1295 Petrick Street, WALTER WEIDMAN of Peace Lutheran Church, DICK FRANKS of 879 Fair Oaks, RON SMITH of 106 Nelson Street, BILL ROSA of 150 Cuesta Del Sol, BILL WILSON of Pismo Beach, DELBERT MC LAUGHLIN of 325 Tally Ho Road, DAVE SANDERS of 642 Camino Del Rey, RUTH MAU of 883 Tempus Circle, FRED JONES and several unidentified members of the audience. FRED FLANN ELL of 550 Via Vaquero said the Council should do what is legal, that City personnel should not be used for setting up the scene and that city space should not be used for storage of it. Mayor Gallagher explained that the City had moved the Nativity scene in order to prevent a confrontation similar to what happened in 1992. He said a group of atheists had applied to the city to place a four-by-eight-foot sign in the Hart-Collett Park next to the Nativity scene saying, "ci ty Officials: Remove the Nativity Scene - Using Taxes to Promote Religion Violates the U.S. Constitution. II On the other side of the sign was a quotation of Thomas Jefferson. He said the new site is a good visible location, and placing the sign there prevented a possible fight that would disrupt the peaceful enjoyment of the Christmas season. He said the Supreme Court soon may be issuing a decision on this issue. City Attorney Lyon said the First Amendment covers the right of free expression, and that even minority groups have a right to their points of view. 8.C. RESOLUTION AUTHORIZING THE ISSUANCE AND CONFIRMING THE SALE OF WATER REFUNDING REVENUE BOND. SERIES 1993. IN THE AGGREGATE PRINCIPAL AMOUNT OF Sl.131.992.66 It was moved by Burke/Moots (4-0-1, Burke, Moots, Brandy and Gallagher voting aye, Souza absent) to approve Resolution No. 3014 Authorizing the Issuance and Confirming the Sale of Water Refunding 4 '. , . 208 , CITY COUNCIL MINUTES DECEMBER 14, 1993 Revenue Bond, Series 1993, in the Aggregate Principal Amount of $1,131,992.66. a.D. RESOLUTION DECLARING THE CITY'S INTEREST IN OBTAINING STATE HIGHWAY ACCOUNT (SHA) FUNDS ALLOCATED TO THE CITY AND THE REGION FOR VARIOUS HIGHWAY. STREET. AND ROAD PURPOSES Mr. Christiansen referred to the December 14, 1993, Staff Report of the Planning Director, who wrote that the Long Range Planning Committee had recommended that the Council utilize SHA funds to identify short term and long term solutions to provide traffic relief through the City. " It was moved by Moots/Brandy (4-0-1, Moots, Brandy, Burke and Gallagher voting aye, Souza absent) to approve Resolution No. 3016 i Declaring the Council's Interest in Obtaining State Highway Account (SHA) Funds Allocated to the City and the Region for Various Highway, Street and Road Purposes. a.E. TRACT 2109 - (1) CONSIDERATION OF TRAFFIC FEE REDUCTION: (2) CONSIDERATION OF WATER METER FEE REDUCTION: ( 3) REOUEST FOR WAIVER OF RESIDENTIAL FIRE SPRINKLERS: (4) APPROVAL OF TRACT 2109: BRIGHTON AVENUE: MERILEE PECK-NEWDOLL ~ Mr. Christiansen said Merilee Peck-Newdoll was requesting consideration of a traffic fee reduction, a water meter fee reduction, elimination of the requirement on the tract for fire sprinklers, and approval of Tract 2109. He recommended that the Council approve the water meter fee reduction to go along with the installation of fire sprinkler systems, but said the traffic fees and the fire sprinklers were conditions placed on the tract by the Planning Commission. He said when the tract was approved, Ms. Peck-Newdoll had not appealed those conditions and the appeal period had passed. ci ty Attorney Lyon said if the Council were to change the conditions, the matter would have to go back to the Planning commission for reconsideration and all issues connected with the project would open up. MERILEE PECK-NEWDOLL of 2642 Halcyon Road and her representative JIM MC GILLIS of San Luis Engineering spoke at the meeting. They said no appeal of conditions was made on the fire sprinklers because it was not known that the steeper street grade would require them. They also said they would like to be treated like the ARCO and VONS Market projects that will be paying lower fees. They asked the Council to consider rebates to them when the new lower traffic fees go into effect. Council Member Brandy requested more information on why fire 5 . .' . " 209 CITY COUNCIL MINUTES DECEMBER 14, 1993 sprinklers are required on a project that has a cul-de-sac that is 92-feet wide. Mr. Laurn said there is a City standard that requires a 46 foot radius for a cul-de-sac. He said the Fire Department's large truck needs a 55-foot radius in order to turn around, so in the interest of response time, fire sprinklers were required on this project. He said the street grade has also changed. He said the developer did install a fire hydrant that was not required. Council Members agreed with the city Manager's recommendations. It was moved by Moots/Burke, and the motion passed unanimously to approve the map of Tract 2109 in accordance with the provisions of the Subdivision Map Act and accept the offers of dedication for streets and the facilities therein, the water rights, and the easements for street trees on behalf of the public sUbject to the completion of the improvements to the satisfaction of the Director of Public Works. The Council also rejected without prejudice the dedication of Public utility Easements subject to acceptance by the utility companies at a later date. 9. WRITTEN COMMUNICATIONS Mayor Gallagher read a letter from Fire Chief Latipow to Police Chief TerBorch expressing appreciation for Police assistance by Dispatcher Linda Holt at the time of the Pismo Beach Sea Venture Hotel fire. ORAL COMMUNICATION None. CLOSED SESSION None. ADJOURNMENT It was moved by Burke/Moots, and the motion passed unanimously to adjourn the meeting at lO:09 P.M. lY\ MAYOR ATTEST: 7ln~ (1, ~ NANCY A. DAVIS, CITY CLERK 6 ---..-. _._--_._-_.-.-.~_._. -_.._-~.-