Loading...
Minutes 1993-11-09 · - · - - 191 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, NOVEMBER 9, 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. Ehrhardt Lang of First united Methodist 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, Assistant City Attorney Tim Carmel, City Clerk Nancy Davis, Finance Director David Bacon, Planning Director Doreen Liberto-Blanck, Chief of Building and Fire Kurt Latipow, Parks and Recreation Director John Keisler and Chief Building Inspector John Richardson. 4. ORAL COMMUNICATIONS None. 5. CONSENT AGENDA It was moved by Burke/Souza, and the motion was unanimously approved to approve Consent Agenda Items 5.a. through 5.f., with the recommended courses of action. 5.a. Proclamation, "Excellent Customer Services Week," November 15 - 19, 1993. Mayor Gallagher read the proclamation and it was accepted by Chamber of Commerce Director Heather Jensen and city Clerk Davis. 5.b. September 28, 1993, city Council Minutes. Approved. 5.c. October 12, 1993, city Council Minutes. Approved. 5.d. November 3, 1993, Senior Advisory Commission Minutes. Information. 5. e. Third Quarter, 1993, Departmental Monthly Reports. Information. 5.f. october, 1993, Investment Report. Information. 6. REGISTER OF CHECKS It was moved by Souza/Brandy, and the motion passed unanimously to approve Cash Disbursements in the amount of $331,254.59, as listed in the November 4, 1993, Staff Report of 1 ~ ---------"..._-- -- I . 1 9~TY COUNCIL MINUTEr - VEMBER 9, 1993 Finance Director Bacon. 7.A. PUBLIC HEARING - ADO~TION OF ORDINANCES AMENDING AND UPDATING THE UNIFORM FIR:e: CODE. BUILDING. PLUMBING /SOLAR ENERGY. MECHANICAL. ABATEMENT OF DANGERQUS BUILDINGS. ELECTRICAL. SWIMMING POOL ANQ SOLAR SWIMMING POOL/SPA, AND SIGN CODES THAT SET STANDARDS FOR THE CITY TO FOLLOW: CITYWIDE Mr. Christiansen said the various codes are controlled by state law. He said approximately 20 years ago the state adopted legislation that provides a minimum level in relation to the various codes. He said jurisdictions throughout the state must meet the minimum levels, but have the choice of exceeding- the state mandates. Chief Latipow referred to his October 7, 1993, Staff Report and discussed the code process. He said the proposed amendments were for the most part routine, and in many cases, simple re- proposals of past requirements. He said some amendments were deleted because new language in the Model Code that was equivalent or better than past requirements. He referred to the most significant and controversial amendments concerning Automatic Fire Sprinklers in the Fire Code. He showed a video tape that explained the importance of fire sprinklers in putting out fires in the early stages. He said the amendment that says roofing material must meet or exceed class "A" requirements also may be controversial. Chief Latipow listed the annual fire losses and volume of calls for the nearby cities and said Arroyo Grande had more loss and calls than the other cities. He said the solution to the problem would be fire sprinklers or additional full-time personnel. 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 amendments that would require fire sprinklers in new and remodeled construction were TIM QUIGGLE of Corbett Canyon Road, KEVIN HUNSTAD of 743 Scenic circle, ED DORFMAN of 289 La Cresta, JOHN KEEN of 298 N. Elm Street, BOB BOWEN of 1033 Acorn, RICHARD DE BLAUW of 744 Alta vista Way, MIKE FULLER of 567 Bakeman Lane and TONY OREFICE of 980 Robin Circle. Their concerns included the high cost of installing the sprinklers; the contention that only 29 percent of the housing base would have sprinklers; sprinklers would save only one life in 17 years; the new law concerning smoke alarms will prevent more fires; there should be more fire prevention education and fire inspections; mutual and automatic aid has increased the fire response time; smoke alarms should be installed in garages and attics; the citizens at large should pay for fire sprinklers and not just the building contractors, home buyers and remodelers; only 12 percent of the calls answered by the Fire Department are actual fires; there would be minimal savings in insurance premiums, and 2 i I I . CITY COUNCIL MINUTEE"'"~ - 1 9 3 NOVEMBER 9, 1993 water and sewer bills will increase. ROBERT TEETERS of 692 Via Vaquero spoke in favor of the fire sprinkler requirements. He said the amendments are not unreasonable and now is the time to start a fire sprinkler program in Arroyo Grande. The Fire Chief answered some of the objections to fire sprinklers by saying that the cost of installation of sprinklers can be as low as $1.26 a square foot; there have been three lives lost in fires in the last 17 years; there is no staff to conduct more fire prevention education or inspections; "flash over" in a fire takes from six to eight minutes while the City's response time now is seven minutes; smoke detectors do not put out fires; 75 percent of the fires are residential: there are insurance savings for commercial buildings; hook up fees are based on demand: persons who plan to install sprinkler systems should solicit bids because they are competitive; the state requires that a licensed contractor ~, install sprinklers; the cost for the city to hire full-time people is prohibi ti ve at this time; the cities of San Luis Obispo and pismo Beach require fire sprinklers and have gotten extremely creative with their contractors, and large backflow preventors are not re9uired on residential. Council Members discussed the matter extensively. They agreed that requiring fire sprinklers on new and residences being remodeled placed too great a financial burden on the home owner/buyer. council Member Souza suggested that the Planning and Building Departments collaborate on an incentive program to encourage fire sprinklers in residences, and Council Member Brandy said sprinklers should be required in all duplexes and apartment buildings where units have one shared wall. He also said sprinklers should be required in new annexations. Mayor Gallagher said he would support the idea that the city needs to begin on a fire sprinkler program because 736 calls have been received by the Fire Department this year to date and there has been a fire loss of $500,000. He also supported the idea of providing incentives. It was moved by Moots/Souza, and the motion passed unanimously to continue the first reading of the model ordinances to the next Council meeting on November 23, 1993, and direct staff to do the following: 1. The Planning and Building Departments should work on incentives in the whole fee structure that the city can use to show builders, remodelers or potential home owners why it makes sense economically to install fire sprinklers. 2. Eliminate from the amendments the requirement of fire sprinklers in new residential single family homes and remodels. 3. Retain the fire sprinkler requirements for commercial buildings. S.A. REVISION TO FINANCE OFFICE FEE SCHEDULE '_ 3 1 91ITY COUNCIL MINUT,' - NOVEMBER 9, 1993 The Council began a discussion of increases in Returned Check Fees, Business License Account Initial Set Up Fees, Water Turn Off/on Charges, and Water Account Initial Set Up Fees. Council Member Burke argued against set up fees and said the city should be encouraging new businesses. He said the value that would be received from new business would outweigh the fees received. council Members Moots and Souza agreed with Council Member Burke that set up fees are unnecessary because the city employee already is on the job. Council Member Brandy and Mayor Gallagher said the set up fees should be charged so that the person who requests the City services pays for them, not all the taxpayers. They also said the money is needed for the operation of the city. MS. JENSEN said with all the fees and taxes being paid by a new business, it could be the difference between starting the business or not. Mr. Christiansen read the title of a resolution concerning the increases in fees. It was moved by Souza/Burke (3-2-0, Souza, Burke, Moots voting aye, Brandy and Gallagher voting no) to approve Resolution No. 3012 Adopting Fees for Various Services (Finance and Water Departments), including an amendment eliminating the Business License Account Initial Set Up fee and the Water Account Initial Set Up Fee. 9.A. REOUEST FQR STREET NAME CHANGE: TRACT 1769 (JUST OrF FARROLL AVENUE): J.M. MC GILLIS. REPRESENTATIVE Mr. christiansen referred to the October 26, 1993, letter from J. M. Me Gillis, project coordinator for Tract 1769, and recommended that the Council agree to change the name of "Noe street" to "Noel street," at the request of the tract developer. He said Staff had no difficulty with the name change. It was moved by Moots/Souza, and the motion passed to unanimously, to approve the street name change as requested. .' 9.B. PROPOSED MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE SAN LUIS OBISPO COU6TY Y.M.C.A. Mr. Christiansen said if the Council approves of the proposed agreement with the Y.M.C.A., it will be sent to the City Attorney for his study and approval. Present from the V.M.C.A. board was MIKE MORGENSEN, executive director, MR. OREFICE and BOB GARING. Mr. Keisler referred to his November 2, 1993, Staff Report concerning the memorandum of agreement to locate the new V.M.C.A. on the city's five acres of land adjacent to the Community Center on West Branch Street. 4 . .. . CITY COUNCIL MINUT-- ...... 195 NOVEMBER 9, 1993 Mr. Orefice, who is architect for the project, showed building options and placement on the property. He said the project would be built in phases depending on the amount of money raised. I Council Members asked questions of Staff. They said if the Y.M.C.A. ever ceases to utilize the facility, it should revert back to the city or the city should have first right of refusal. Mayor Gallagher recommended that the Y.M.C.A. should announce the i establishment of its presence on the land with signs, etc. as soon as the agreement is signed. The lease term was discussed and Council Members approved the period of 99 years. Mr. Keisler said the Parks and Recreatlon Commission had recommended a 50-year lease. i It was moved by Burke/Moots, and the motion passed unanimously to approve conceptually the Memorandum of Agreement between the city of Arroyo Grande and the San Luis Obispo County Y.M.C.A. for a Five cities Y.M.C.A. Family Site, including the amendments ! concerning a 99-Year lease and reversion of the structure to the city if the Y.M.C.A. no longer utilizes it. -, 9.C. RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE USED OIL RECYCLING FUND UNDER THE USED OIL RECYCLING ENHANCEME~T ~ Mr. Christiansen recommended the adoption of the resolution approving the grant application in the amount of $4,769.80, in relation to used oil recycling. He said the money will be used for public education. It was moved by Souza/Burke (5-0-0, Souza, Burke, Brandy, Moots and Gallagher voting aye) to approve Resolution No. 3013 Approving the Application for Grant Funds From the Used oil Recycling Fund Under the Used oil Recycling Enhancement Act, to be Used for Public Education. 10. WRITTEN COMMUNICATIONS None. 11. ORAL COMMUNICATIONS None. 12. CLOSED SESSION None. 13. ADJOURNMENT It was moved by Moots/Burke, and the motion passed unanimously to adjourn the meeting at 10:17 P.M. f ATTEST: ~a. ~ NANCY A DAVIS, CITY CLERK ,~ 5 ~~--~