Minutes 1993-12-14
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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.
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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.
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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.
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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
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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
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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
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