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Minutes 1993-11-23 .. .. 196 -- MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, NOVEMBER 23, 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 Rev. Jan Armstrong of First Presbyterian Church delivered the invocation. 3. ROLL CALL Present were Mayor Gallagher and Council Members Drew Brandy, Bernard Burke, Gene Moots and James Souza. Staff Members present were City Manager Chris Christiansen, city Attorney Roger Lyon, City Clerk Nancy Davis, Planning Director Doreen Liberto-Blanck and Chief of Building and Fire Kurt Latipow. 4. ORAL COMMUNICATIONS JOSEPH FARINO of 315 N. Elm Street requested that the City not require him to pay an $80.00 past-due water bill. Mayor Gallagher directed Staff to meet with Mr. Farino and try to reconcile the matter. 5. CONSENT AGENDA It was moved by Burke/Brandy, and the motion passed unanimously to approve Consent Agenda Item 5.a., October 26, 1993, city Council Minutes, and 5.b; , November 9, 1993, City Council Minutes, which included an amendment that added to the end of the second paragraph on Page 5 the sentence, "Mr. Keisler said the Parks and Recreation Commission had recommended a 50-year lease." Consent Agenda Item S.c., Approval of Tract 2109; Brighton Avenue: Merilee Peck-Newdoll, was deleted from the agenda. It was moved by Moots/Souza, and the motion passed unanimously to approve without prejudice Consent Agenda Item S.d., Approval of Parcel Map AG 91-133; 220 Short Street: J.P. Muscarella, Jr. 6. REGISTER OF CHECKS It was moved by Burke/Brandy, and the motion passed unanimously to approve Cash Disbursements in the amount of $65l,510.30, as listed in the November 18, 1993, Staff Report of Finance Director David Bacon. 7.A. PUBLIC HEARING - REZONE CASE NO. 93-001: AMENDMENT TO THE DEVELOPMENT CODE TO CLARIFY TABLE 9-07.030-A. SECTIONS 9-07.020. 9- 07.030. AND 9-03.050-B. AND ADDING A NEW SECTION IN CHAPTER 9-07 EXPLAINING WHEN A CONDITIONAL USE PERMIT IS NEEDED; CITYWIDE The Planning Director referred to her November 18, 1993, Staff Report, which recommended that the Council conduct the first "' reading of the proposed Ordinance. She said the proposed ordinance I i 1 I , .- I . .... 197 CITY COUNCIL MINUTES NOVEMBER 23, 1993 was an attempt to clarify the City's planning process with regard to when a Conditional Use Permit is required for commercial projects. Council Member Brandy asked if the Planning Department received requests from citizens to FAX documents to them. Ms. Liberto-Blanck said the Planning Department does receive requests to FAX documents, but there is no FAX machine at City Hall. She said the Police and Fire Department FAX machines can be used. Mayor Gallagher said this Ordinance would allow business people who vacate one particular location to know in a short amount of time what they can come back into and what would be required. He said this would make for a more efficient operation. 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. When no one came forward to speak, the Mayor closed the hearing to the floor. Mr. Christiansen read the title of the proposed 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 Burke/Moots, and the motion passed unanimously to dispense with further reading of the Ordinance. Mayor Gallagher said that constituted the first reading of the Ordinance. 7.B. CONTINUATION OF PUBLIC HEARING - ADOPTION 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 at the last Council meeting when the model codes were discussed, fire sprinklers were the main topic. He said the proposed Uniform Fire Code and the Building Code ordinances had been changed so that fire sprinklers will not be required in new single family homes or single family homes that are being remodeled. Mayor Gallagher referred to the incentive sheet in Fire Chief Latipow's staff Report that encourages single family home builders to install sprinklers and offers certain incentives and construction flexibility. The Fire Chief described the incentives. Chief Latipow said the sprinkler incentive sheet would be available in the building department, and recommended that it be distributed in the Planning Department and at the Chamber of Commerce. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Gallagher declared 2 ~'_.._-----._-" , . 198 - CITY COUNCIL MINUTES NOVEMBER 23, 1993 the Public Hearing open and said all persons would be heard regarding the matter. BOB BOWEN of 1033 Acorn discussed the City distribution charges on a three-fourths-inch versus a one-inch meter. After further discussion, Mayor Gallagher said asked Staff to evaluate the City's charges and come back to the Council with a recommendation. He said if the City is trying to provide an incentive to install sprinklers, then it should only charge a distribution fee based on actual consumption. PAUL KARP of 596 Woodland Drive, former Arroyo Grande Public Works Director, said Arroyo Grande requires a one-inch service up to the house. He said the meters pass considerably more than the manufacturers say they will pass. He said if the City requires the plumbing to be adequate between the meter and the house and there is already one-inch plumbing in the street, there will be adequate fire flows, there will be no problems with the distribution charge and the three-fourths-inch meter will be sufficient. He said the monthly charges also are higher for the one-inch meters. ED DORFMANN of 289 LaCresta supported Mr. Bowen's ideas on the meter charges. He also asked the Council to not require sprinklers in duplexes, but to change the building code requirements from one hour to two hour fire walls. TIM QUIGGLE of Corbett Canyon Road said he was happy with the changes in the proposed fire sprinkler ordinance, but asked the Council to consider a fire safety education program for the public. He said a City newsletter could get this started. Chief Latipow said his department has spent approximately 100 hours on fire safety education. When no one further came forward to speak, the public hearing was closed to the floor. Mayor Gallagher and Council Members Moots and Brandy said they approved of the proposed ordinances, including the ones containing new requirements on fire sprinklers. They said in multiple units residents suffer the results of what their neighbors do. They said damage to a structure is less with sprinklers and insurance costs are lower. They cited the City's limited financial and man power resources. Council Members Souza and Burke objected to requiring sprinklers in new and remodeled condominiums and duplexes. He said these are usually first homes for people, and the added costs may preclude them from buying. Council Member Burke said he would like to see duplexes and units up to four added to the exceptions. He said the new requirements could keep the City from reaching mandated low-cost housing levels. The titles of the proposed ordinances were read by the Mayor, 3 .-m.._.___._._ 0:,.;., 199 CITY COUNCIL MINUTES NOVEMBER 23, 1993 as follows: l. An Ordinance of the City Council of the City of Arroyo Grande Adopting by Reference the 1991 Edition of the Uniform Fire Code With Additions, Deletions and Amendments. It was moved by Brandy/Souza and approved (with Burke and Souza voting no) to dispense with further reading of the ordinance. 2. An Ordinance of the City of Arroyo Grande Amending Chapter 1 of Title 8 of the Arroyo Grande Municipal Code, to Adopt by Reference the 1991 Uniform Building Code, Including Amendments Thereto Concerning stop Orders, Corrections, Fees, and Adding Section 305 (h) Deleting Section 3208 (B) 10, 11, Repealing All Conflicting Ordinances and sections. It was moved by Brandy/Moots and approved (with Burke and Souza voting no) to dispense with further reading of the ordinance. 3. An Ordinance of the City of Arroyo Grande Amending Chapter 12 of Title 8 of the Arroyo Grande Municipal Code to Adopt by Reference the 1991 Uniform Code for the Abatement of Dangerous Buildings: Repealing All Conflicting Ordinances and Sections. It was moved by Brandy/Moots and approved unanimously to dispense with further reading of the ordinance. 4. An Ordinance of the City of Arroyo Grande Amending Chapter 10 of Title 8 of the Arroyo Grande Municipal Code to Adopt by Reference the 1991 Uniform Mechanical Code, Including Amendments Thereto concerning Energy Connections and Fees: Repealing All Conflicting Ordinances and sections. It was moved by Brandy/Moots and the motion passed unanimously to dispense with further reading of the ordinance. 5. An Ordinance of the City of Arroyo Grande Amending Chapter 5 of Title 8 of the Arroyo Grande Municipal Code, to Adopt by Reference the 1991 Uniform Plumbing and the 1991 Uniform Code for Solar Energy Installations Including Amendments Thereto concerning stop Orders, Fees and Water Heaters: Repealing All Conflicting Ordinances and sections. It was moved by Brandy/Moots and the motion passed unanimously to dispense with further reading of the ordinance. 6. An Ordinance of the City of Arroyo Grande Amending Chapter 9 of Title 8 of the Arroyo Grande Municipal Code to Adopt by Reference the 1991 Uniform sign Code, Including Amendments Thereto concerning Permits, Applications, Exceptions and Fees; Repealing All Conflicting Ordinances and sections. It was moved by Brandy/Moots and the motion passed unanimously to dispense with further reading of the ordinance. 7. An Ordinance of the City of Arroyo Grande Amending Chapter l3 of Title 8 of the Arroyo Grande Municipal Code to Adopt by Reference the 1991 Uniform Swimming Pool Code, and the 1991 Solar Swimming Pool/Spa Code Review Manual, and the 1991 Uniform Administrative 4 --~--~- , 200 - CITY COUNCIL MINUTES NOVEMBER 23, 1993 Code, Including Amendments Thereto concerning Administrative Authority, stop Orders, Fees, and Penalties: Repealing All conflicting Ordinances and sections. It was moved by Bran~Y/Moots and the motion passed unanimously to dispense with further reading of the ordinance. 8. An Ordinance of the City of Arroyo Grande Amending Chapter 3 of Title 8 of the Arroyo Grande Municipal Electrical Code, to Adopt by Reference the 1993 National Electrical Code, and the 1991 Uniform Administrative Code, Including Amendments concerning Light Outlets, Service Entrance Conduits, Service Disconnecting Means, Electrode Grounding, Open Wiring on Insulators, Concealed Knob and Tube Wiring, Nonmetallic Sheathed Cable, U.F. Cable ceiling and Wall Mounted Fixtures, Amending sections 210-709 (a), 230-43, 230-70, 250-5(b), 250-91(b) 320-3, 336-3, 337-1, 339-3(a)(5): Deleting Sections 230-50, 230-51, 230-52, 324-2-6, 339-3(a)(4), 339-3(b): Fees; Repeal All Conflicting Ordinances. It was moved by Brandy/Moots and the motion passed unanimously to dispense with further reading of the ordinance. Mayor Gallagher said that constituted the first reading of the ordinances amending and updating the 1991 Model (Construction) Codes. The City Attorney said the pUblic hearing should be continued to the next meeting. He said when the ordinances are adopted, there will be findings required by state law as to the local conditions justifying the acceptance of the ordinances. It was moved by Moots/Brandy and unanimously approved to continue the public hearing to December l4, 1993. Chief Latipow said he would work with the Public Works Director to address the concerns about the size of the water meters to be required. 8.A. APPOINTMENT OF HEATHER JENSEN TO THE TRAFFIC COMMISSION: TERM EXPIRES JUNE 30. 1996 Mayor Gallagher nominated Heather Jensen of 569 May Street to the Traffic Commission and the Council approved. Ms. Jensen's term will expire June 30, 1996. 8. B. APPOINTMENT OF GREG PARKS TO THE PARKS AND RECREATION COMMISSION: TERM EXPIRES JUNE 30. 1996 Mayor Gallagher nominated Greg Parks of 676 victoria Way to the Parks and Recreation Commission and the Council approved. Mr. Parks' term will expire June 30, 1996. B.C. APPOINTMENT OF RICHARD FRANKS TO THE CITIZENS' TRANSPORTATION ADVISORY CO~ITTEE (CTAC). AN ADVISORY COMMITTEE OF SLOCOG Mayor Gallagher nominated Richard Franks of 879 Fairoaks Avenue to the citizens' Transportation Advisory Committee (CTAC), an advisory committee of SLOCOG, and the Council approved. 5 ~--_. -"-~., ~, . " 201 CITY COUNCIL MINUTES NOVEMBER 23, 1993 8.D. REFINANCING OF STATE WATER LOANS (SAFE DRINKING WATER LOAN CONTRACT) Mr. Christiansen referred to the November lS, 1993, Staff Report of Finance Director David Bacon. He said the city has established two water loans from the State, under clean drinking water legislation. He said the loans were established at an interest rate of 8.5 percent, and the outstanding principal for both is approximately $l,lOO,OOO.OO. He said there is an opportunity to refinance the loans at 6.l4 percent interest, which would result in a net savings to the City of approximately $820,000.00. Council Members discussed the matter and asked questions of Staff. It was moved by Burke/Souza and the motion passed unanimously to direct Staff to proceed with the refinancing. S.E. DIRECTION REOUESTED REGARDING AGREEMENT WITH ST. PATRICK'S SCHOOL FOR INSTALLATION OF CURB. GUTTER AND SIDEWALK Mayor Gallagher and Council Member Brandy said they may have conflicts of interest and left the room. Mayor Pro Tern Moots presided. Mr. Christiansen referred to the November 5, 1993, Staff Report of Timothy Carmel, Assistant city Attorney, concerning the agreement with st. Patrick's School for Installation of Curb, Gutter and Sidewalk. Mr. Carmel's report gave alternatives open to the Council for when the school would be required to install curb, gutter and sidewalk - when the first commercial property develops or when all commercial lots have been developed. MR. KARP, who is a parent of students at st. Patrick's School, gave the Council copies of a proposed agreement that said installation of curb, gutter and sidewalk would take place within 90 days after Council acceptance of the final configuration of West Branch Street. Council Members discussed the matter and agreed 'with the wording in the agreement prepared by Mr. Karp and the school, to wit: "If a certificate of occupancy is issued for a modular classroom pursuant to the permit, the School shall construct curb, gutter and eight foot (S' ) sidewalk, at no cost to City, on the entire West Branch street frontage of the School Property. Construction of said curb, gutter and sidewalk shall be completed by the School within 90 days after the city council acceptance of the construction of West Branch Street in conformance with ultimate geometries between the Brisco Road intersection and Tract 604, including curb, gutter and sidewalk on the West Branch Street frontage of Rancho Grande." - Mayor Gallagher and Council Member Brandy returned to the dais. 6 --- _.._~ - , . 202 CITY COUNCIL MINUTES NOVEMBER 23, 1993 a.F. REPORTS FROM VARIOUS COMMITTEES 1. South San Luis Obispo County Sanitation District. Mayor Gallagher said the final sampling of off-shore mussels has been completed and a report made soon. He said Grover Beach is still pursuing its interest in becoming a member of the district board. 2. South County Area Transit (SCAT) Council Member Moots said the board had filed its TDA claim forms that are required before monies are allocated. He said a consultant has reported to SCAT and with the completion of the Grover Beach railway station in 1995, there may be monies for a straight-line bus system down Grand Avenue. Mayor Gallagher asked if TDA money had been used in the Oak Park interchange improvements, and Council Member Moots said that was Federal Aid Urban Funds. Mayor Gallagher noted that the interchange improvements had been completed early and under budget. Council Member Moots said there is a shortage of money to run the bus from San Luis Obispo to Santa Maria. 3. Council of Governments Mayor Gallagher said there has been a lack of a quorum at the CTAC meetings and the appointment of Mr. Franks to that body will help matters. He said the Solid Waste Joint Powers Agreement will be acted upon soon. He said there was discussion of how to align the internal COG Staff and a proposal was defeated by a "super" vote. 7. Long-Range Plan Update Committee Council Member Moots said the committee had not met. 4. Solid Waste Task Force Committee Council Member Burke said the task force joint powers agreement was discussed at a meeting attended by Council Member Brandy, the Planning Director and him. He said there was committee dissention concerning voting powers. He said at the December 2, 1993, meeting the JPA would be looked at and sent to the COG, which will send it out to the cities. He said voting on it would take place in January, 1994, hopefully. 5. Zone 3 Water Advisory Committee, and 6. County Water Advisory Board Council Member Brandy said Lopez Lake is 50 percent full. He said the seismic safety of Lopez Dam is still being studied. He said the committee has been working with the State Division of Dam Safety and has applied to increase the dam capacity to 72 percent. He said Arroyo Grande had voted against taking part in a cloud seeding program. 8. Chamber of Commerce Economic Development Committee Council Member Souza said the committee had not met. Mayor 7 ~ . 203 CITY COUNCIL MINUTES NOVEMBER 23, 1993 Gallagher said the committee had completed an economic survey of the City and 220 people were polled. He said the statistics are being studied and a report would be made. 9. Coordinated Agriculture Support Program Council Member Souza said there would be a meeting on December 10, 1993, and he would make a report after that. 9. WRITTEN COMMUNICATIONS None. 10. ORAL COMMUNICATIONS None. ll. CLOSED SESSION None. l2. ADJOURNMENT It was moved by Moots/Brandy and the motion passed unanimously to adjourn the meeting at 9:1l P.M. ~~~ -I MATTHEW ATTEST: ~a. ~ NANCY A. AVIS, CITY CLERK 8 ..--...