HomeMy WebLinkAboutMinutes 092689 -
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ATASCADERO CITY COUNCIL
MINUTES
SEPTEMBER 260 1989
The regular meeting of the Atascadero City Council was called to
order at 7:00 p.m. by Mayor Dexter, followed by the pledge of
Allegiance lead by Councilwoman Borgeson.
ROLL CALLm
All Present : Councilmembers Lilley, Shiers, Mackey, Borgeson and
Mayor Dexter
Staff: Ray Windsor , City Manager ; Henry Engen, Community
Development Director ; Chief Bud McHale, Police
Department ; Jeff Jorgensen, City Attorney; Andy Takata,
Director of Parks, Recreation and Zoo; Mark Joseph,
Director of Administrative Services; and Boyd Bheritz ,
City Clerk.
Rudy Hernandez the new Assistant Finance Director was introduced .
Councilwoman Borgeson announced that the month of October is
"Adopt-A-Dog" Month and is being sponsored by AFAR.
Mayor Dexter proclaimed October 1-7, 1989 as "Mental Illness
Awareness Week" and presented the proclamation to Barbara
Barnard .
COMMUNITY FORUM*
Gail Mudgett, 3125 Ardilla Fld~ read the attached prepared
statement regarding drainage, erosion and seismic hazards in
Atascademro. Mayor Dexter told Ms. Mudgett that she had raised
some very important questions and Council is in the process of
look-ing into this situation.
Lee Perkins thanked the City for the generous support of the DARE
Program so that children at Lewis Avenue School could learn about
the dangers of drugs. Also as a member of the Lewis Avenue PTA
she expressed concern of the safety issue of the crossing at
Olmeda and Traffic Way. They would like a crossing guard at
that intersection due to the heavy traffic . She presented the
City Clerk with a petition requesting a crossing guard at this
intersection. Mayor Dexter advised that this would be an
appropriate subject for the City-School Committee.
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Terry Graham stated he agreed with Mrs. Mudgett 's statements. He
also expressed his concerns regarding exclusion of the public
from occurrences which are occurring all around us. There have
been several issues on the consent calendar that he feels were of
great significance to the general public of Atascadero, but to
� which the Chairpersons of those meetings felt were
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inconsequential for public input , including the establishment of
a hazardous waste and/or other toxic waste dump in the North
' County and the changing of the zoning requirements for the Aonepoa
Tecmrida District .
Glenda Silva urged Council action on having a crossing guard at
the Intersection of Olmeda and Traffic Way. She stated her
granddaughter had been struck this summer crossing the street
from the Junior High School as she left Bummer School . She said
trees are important but our children are our most natural
heritage. -
Dolores Berry, 6955 Balboa Rd. spoke in support of Mrs. Mudgett ' s
statement .
Alan Volbrecht spoke on behalf of the Atascadero Highlands
Project . Drainage and erosion control in the immediate vicinity
of Mrs. Mudgett ' s property and the people down stream can be
mitigated. He feels that through the improvements proposed on
Ardilla Rd. that with the erosion control plan that has been
submitted to the City that they can help to contain the water and
run off from the large bowl that is immediately above their
property. The intent of the developers is to put the road in the
original road right of way as was originally laid out by the
original colony subdividers 60 or 70 years ago.
1. PRESENTATION OF WARNER BROS. REm FILMING SCHEDULE
City Manager Ray Windsor introduced Andy Stone, Executive
Producer, Charlie Harrington, Location Manager, and Barbara
Friedman, Production Assistant . Mr. Stone stated that the name
of the movie will ' be called "My Blue Heaven" and will be released
around the end of July. The Production Office is at 3100 E1
Camino Real , telephone number 461-7000. Atescadmero will be the
main location of this film. Photography will start on November
6th. About 110-125 technicians, scenic people, cast , etc . will
be used to make this movie.
A.
CONSENT CALENDARs
1. SEPTEMBER 12n 1989 CITY COUNCIL MINUTES
2° FINANCE DIRECTOR'S REPORT - JULY 1989
3° FINANCE DIRECTOR'S REPORT - AUGUST 1989
4° CITY TREASURER'S REPORT - JULY 1989
S. CITY TREASURER'S REPORT - AUGUST 1989
6. REQUEST BY THE CITY OF SAN LUIS OBISPO FOR SUPPORT IN ASKING
LEAGUE OF CALIFORNIA CITIES TO SPONSOR LEGISLATION ENABLING
CITY-SPONSORED BUSINESS SIGN PROGRAMS ALONG STATE HIGHWAYS.
7. RESOLUTION NO. 17-89 - PROCLAIMING THE MONTHS OF SEPTEMBER,
OCTOBER, NOVEMBER AND DECEMBER AS "GOOD NEIGHBOR" MONTHS
(United Way/Neighbors Helping Neighbors)
S. FIRE, EMERGENCY MEDICAL AND HAZARDOUS MATERIAL MASTER PLAN
REQUEST FOR PROPOSALS
9. AWARDS OF BIDS - RESURFACING PROJECT
10. ELIMINATION OF CROSSWALK AT ARCADE AND EL CAMINO REAL
11 . AUTHORIZE AMENDMENT TO AUDITOR'S CONTRACT TO REFLECT
INCREASED COMPENSATION ($2,000) FOR SANITATION DISTRICT
AUDIT.
12. RESOLUTION NO. 72-89 - APPROVING THE APPLICATION FOR GRANT
FUNDS UNDER THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND
RECREATION PROGRAM FOR THE ATASCADERO LAKE PAVILION.
Councilman Shiers stated he would like item A-6 pulled from the
Consent Calendar .
Councilwoman Borgeson said she would like item A-12 pulled from
the Consent Calendar.
MOTIONS By Councilwoman Mackey, seconded by Councilwoman
Borgeson to approved the Consent Calendar except for
items A-6 and A-12. Passed unanimously by roll call
vote.
Councilman Shiers said he pulled Item A-6 because of the issue
that was raised in that item. He has no problem with what is
being proposed here, but this proposed resolution as written
would not apply to the City of Atascadero and that seems to be
what is implied in the issue. He would like it applicable to the
City of Atascadero and would like us to pass on to the City of
San Luis Obispo a request that it would be reworded so that the
City of Atascadero, as well as other cities, could take advantage
of such a program.
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MOTION: By Councilman Shiers, seconded by Councilman Lilley,
to approve Item A-6 noting that the City of Atascadero
requests that the language be modified so it includes
sign abatement programs as well as amortization
programs. Passed unanimously.
Councilwoman Borgeson asked that Andy Takata give a staff report
on Item A-12. Mr. Takata gave the report and answered questions
from the Council .
Terry Graham spoke against this grant .
Sarah Gronstrand spoke in favor of securing this grant .
MOTION: By Councilwoman Borgeson, seconded by Councilwoman
Mackey to approve Item A-12, Resolution No . 72-89.
Passed unanimously by roll call vote.
B. HEARINGSIAPPEARANCESs
1 . APPEAL BY TOM VAUGHAN OF PLANNING COMMISSION DENIAL OF
TENTATIVE PARCEL MAP 23-88 - PROPOSED DIVISION OF TWO LOTS
OF 18.7e ACRES INTO 4 PARCELS OF 4.5 ACRES EACH (10750
SANTA ANA RD. )
Henry Engen, Community Development Director , gave staff report
with the recommendation to deny the appeal based on the Findings
for Denial adopted by the Planning Commission.
Council discussion and questions followed.
Tom Vaughan, the applicant , thanked the Council for meeting with
him at the site and allowing him to explain what he personally
feels has been a confusing issue. He has letters from various
engineers who have addressed the buildability of these sites.
He asked that condition #7 that says "cul-de-sac" be replaced
with the word "Private road" and condition #10 the word "three"
changed to "four" . He feels that this is a unique site and a lot
of time and effort has been spent in trying to preserve this
setting.
Dave Main from Engineering Development Associates stated that the
sites are septic sites. He stressed that all septic systems are
engineered and he would venture to say that every septic system
in this area has been engineered and that the City is equipped
with everything it needs to review and approve this type of
system. The Building Department already has in place the
mechanism that it needs to assure that a proper and effective
system is going to be installed on any one of these sites.
Mr. Main responded to questions from the Council .
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William Dohan, 8035 Santa Rosa Rd. , stated that four different
engineers have visited the site and have indicated that not only
are there adequate room for building sites but also for the
private disposa l systems and the 100% recharge area. Since they
have agreed to utilize the existing fire road alignment, not only
can they do the subdivision without removing a single tree, by so
doing the concurrent adjustment of the lot lines will add
additional disposal area to parcels 1 and 2. Mr. Dohan answered
questions from the Council .
Council discussion followed.
Henry Engen indicated that mound, evapotranspiration and
infiltration, and evapotranspiration systems are unconventional ,
last resort systems on existing lots of record but not advisable
if they can be avoided.
MOTION: By Councilman Shiers, seconded by Councilwoman Borgeson
to deny the appeal based on the findings for denial
adopted by the Planning Commission in Exhibit A.
Passed unanimously by Roll Call Vote.
Mayor Lilley asked for a 10 minute recess at 8:55 p .m. Meeting
reconvened at 9:09 p.m.
C. REGULAR BUSINESS=
1. DOWNTOWN PARKING LOT AGREEMENTS (3) (City of Atascadero with
B. I .A. /J. Stinchfield/D. Smith ) (Continued from 8/22/89 and
9/12/89)
Councilman Lilley stated this item will be continued until
the next Council meeting.
2. CERTIFICATES OF PARTICIPATION FINANCING:
A. RESOLUTION NO, 68-89 — AUTHORIZING THE ISSUANCE OF
$2,000,000 IN CERTIFICATES OF PARTICIPATION
Mark Joseph, Administrative Services Director, gave the staff
report and then introduced Jerry Laster who answered Council
questions.
Doug Lewis asked questions regarding the bids for the Police
Facility.
Terry Graham said he felt that the building of the Police
Facility should be placed on the ballot and let the people decide
about the building of the Police Facility.
Sarah Gronstrand said Council should "stop talking, and do" .
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MOTIONs By Councilman Lilley, seconded by Mayor Dexter to
approve Resolution No . 68-e9. Passed unanimously by
roll call vote.
B. RESOLUTION NO, 70-89 - AMENDING THE BUDGET TO RECEIVE
THE PROCEEDS FROM THE CERTIFICATES OF PARTICIPATION
Mark Joseph, Administrative Services Director, stated that no
action will be taken on this resolution at this time.
3. ECONOMIC DEVELOPMENT COMMITTEE
Ray Windsor , City Manager , gave the staff report.
Council discussion followed.
It was the consensus of the Council to approve having an Economic
Development Committee.
D.
INDIVIDUAL DETERMINATION AND/OR ACTIONo
1 . City Council
Councilman Lilley asked that the City Manager contact Dr .
Avina from the Atascadero Unified School District in
writing requesting a meeting of the City-School Committee as
soon as possible.
Mayor Dexter asked the City Attorney to work with the City
Manager and the Mayor regarding the selection of a new City
Attorney.
2. City Attorney
None
3. City Clerk
4. City Treasurer
Gere Sibbach said he would like to meet with Council in
closed session to review the salary of the City Treasurer.
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S. City Manager
Ray Windsor stated that he had given a copy of a proposed
Resolution from the Home Owners Assoc . regarding creekway
set backs. He recommended that this be referred to the
General Plan Sub-Committee and to then come back to Council
with a recommendation on the matter .
Whitey Thorpe inquired as to the nature of this proposal .
MOTIONS By Councilman Lilley, seconded by Councilwoman Mackey
to forward the Study and Resolution adopted by the Home
Owners Association be referred to the General Plan Sub
Committee for further study and actions they deem
appropriate. Passed unanimously.
MEETING ADJOURNED AT 9:55 P.M. TO A CLOSED SESSION IN THE 4TH
FLOOR CLUB ROOM FOR DISCUSSION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(b) p SIGNIFICANT EXPOSURE TO LITIGATION; SAID
MEETING WILL ADJOURN TO A CLOSED SESSION ON WEDNESDAY, SEPTEMBER
279 1989 AT 3s00 P.M. , ROOM 207p FOR DISCUSSION CONCERNING
EMPLOYEE SALARIES AND BENEFITS PURSUANT TO GOVERNMENT CODE
SECTION 54957.6.
MINUTES RECORDED BYe
BOYD SkARITZ7 CITY CLERvL----
PREPARED BYs
0, IA RAIREZp�ACTING DEP V CITY CLERK
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;„'ail Lee Mudgett
3125 Ardilla;- Road
Atascad ero, Calif
93422
September 26, 1989
Mr. Chairman andMembers of the Atascadero City Council
This statement is regarding Drainage, Erosion, and Seismic Hazard.
Thank you for giving me this opportunity to hear of my anger and deep concern
about two components of our State required Safety Element,- the nine year lack
of a City-wide Drainage Plan, and the lack of heeding the excellent Seismic,
Landslide, and Geological component in our Safety Element.
Only having the General Plan for one day previous to my August 24th Statement
I did not spot that one inch, powerful paragraph on page 116, mandating a
comprehensive flood control and drainage system for the Colony of Atascadero,
which was to be combined with the street and sewer improvements. On August
24th I spoke only from my sense of what a city drainage system should be. In
my 19th Statement to the Planning Commission I emphasized the nine year lack of
that component of the Safety Element.
Mrs. Karen Caniglio, a neighbor on our Block, and I spent two hours with Mr.
Sensebaugh on the 15th, during which he said that the City was too poor for a --
combination of City wide Drainage with the Street and Sewer Improvements. In
fact, he said that neither the City Council nor the Planning Commission had
authority over his work, - that the only relationship was with the budget. Is
that true? Do you have only the power of the purse strings over Mr. Sensebaugh?
It ipas not drainage that aroused my anger before our meeting on August 24th
with Mr. Windsor, Mrs. Borgeson, and Mr. Sensebaugh with my Block neighbors.
It was what I had read about seismic activity on the hill above me BEFORE, my
purchase of the General Plan. I read/inaa copy of the 1977 Advisory Report,
loaned to me by my neighbor Dolores Berry. After my purchase of the General
Plan, for twenty dollars, she and I compared the 1977 Report with the General
Plan and. found that the scientific Advisory Report had been incorporated into
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the General Plan, with its maps and tables.
When I read what then became Page 139 of the General Plan, I was truly alarmed.
I quote: "Thoughtful Land Use decisions are fundamental to seismic safety. We
j should not erect a structure or carry out-vradine on ground that is subject to
high levels of seismic activity, or other ireologia, hazards until the conse-
quences have been evaluated and the work approved by competent professionals.
To this end no structure should be built unless geologists, architects, soil
engineers, and builders, AS WELL AS THE COMMUNITY ARE SATISFIED THAT ADEQUATE
STANDARDS DESIGNED TO PREVENT LIFE THREATENING COLLAPSE OR DAMAGE IN FUTURE
EARTHQUAKES." Unquote. The emphasis is mine. See !
pages; 22,24,and 141.
The Table of Contents in the General Plan indicates in Chaters X and XJ, from
pave 133 to 14 6, thirteen pages no less, that THAT portion of our Safety
Element was well researched and made a part of the General Plan. WHY has it
not been heeded? WHY are lots being sold on that unstable hill despite the
great safety warning of our General Plan? Is it not exposing people and
structures to geologic hazards? CEQA covers that! See page 299 for the list
of Significant Effects!
I have also read in my own search that development is not a right, but a
priviledge. Much knowledge has come to light and many laws have been enacted
since 1914, when Mr. Lewis plotted those beautiful lots on that hill above us.
When Mr. Sensebaugh in his response to my August 24th Statement stated, "I do
not read the General Plan." I was deeply shocked and I said as much that day
to him and the group. I have not gotten over being shocked that our City
Engineer would contemptiously dismiss my quotes from the General Plan, this
4-lCity s Constitution!
I shall briefly go over my Statements and Letters for the main points: When I
first called the City Engineer I asked for a copy of the State Law on Grading
and Bulldozing. I knew one existed. Mr. Sensebaugh came out without a copy
of either the State Law or the City Ordinance. When I complained, ,Mr. Barnes
the engineer/owner in charge of the bulldozing said, "Mrs. Mudmett, I don't
have to have a copy of the law. I just go to the city." To which I responded,
"I like to do my own reading."
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Two or three days later I received from Mr. De Camp a copy of Page 763 of the
Uniform Building Code with the yellow pencil underlining und-W Section 7003
and Point 8, which allowed the bulldozing with no permit if the cuts were under
two feet. HOWEVER, I read Point 1, which in effect says a permit IS required
if damage is apparent to private property. Pulver.izina alluvial soil above
my property just before the rainy season invites a sea of mud down on my property.
QUESTIONS: Why was Point One skipped? Why also did he skip the deep grading
being done south of me on the side of that steep hill, to dig out a road? There
was NO permit for that? See paces 21 and 141 of the General Plan.
I co to Page One of Mr. Windsors August 31st reply to my August 24 Statement.
I'll mention the 3rd line in Paragraph 3. I quote: "The zoning ordinance con-
tains Section, etc., , which declare as categorically exempt from CEQA proposed
grading on terrain with slope$ LESS than 20%, that will involve less than 5,000
cubic yards of earth -moving. Unquote. II turned to Page 21 of the General Plan!
The part of the map in array indicates solpes GREATER THAN 30%, and: I found that
the hill above us was all in grayl SO, CEQA is NOT categor.ically. exempt! Was
this pure deceit to a greyhead, who could not possibly know the percentages of
grades? Or know where to find the State and City law for its application? Or is
it just that Xr�~o�t read or study our General Plan either?
On pane 2 of his letter he indicates ONLY a Drainage Plan is needed to co ahead
on that major grading for a road on that unstable hill; See pages 22 and 24.
On August 31st, Mr. Windsor included a copy of the 1986 Contract on Atascadero
Road Construction with Mr. Gordon Davis with Mr. Pa'I Sensebaugh, signing. I
have asked for the files on that contract on that high risk hill project. See
my September 4th letter to Mr. Windsor about our City daring to approve building
and grading on that unstable hill. I wrote to him that our City Council should
not deceive buyers of lots on that beautiful hill, when our General Plan calls
it a po6tential seismic hazard.
Yy September 9th letter: No response has been made to correct bulldozing and
fill-in of an old deep, natural ditch, which has been the result of years of
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drainage from the high curve in the hill above, with the run-off converging
into that natural drain. Nor has anything been planted on the hill above us,
which the City allowed to be cleared and pulverized. And the rainy season
approaches.
This City faces law suits as a result of its ignoring the safety rights of its
citizens, simply because two components of our Safety Element havitbeen ignored..
Finally in desparation, because my questions and requests to see the files were
not being answered, I sent a certified letter to Mayor Rollin Dexter, on
September 13. I have not received a reply as yet. I, as a citizen of this
City have the right to the public information of our City Government.
Since now I address my complaints to you, the City Council, I shall quote a
portion of gay letter to Mayor Dexterr
"Did the Sensebaugh/Davis Contract ignore the advice and strict„sures of the 1969
California Environmental 6A lity Act and of our own 1980 General Plan? And did
the City Council ignore the General Plan, too, when they approved that 1986
Road Contract? Do you not have the power of the budget over our City Engineer?
Mr. Sensebaugh said to me on the 15th, that the Budget items are directly
related to you, and I assume that the Budget requires your approval of the
Contract of 1986.
Than you very such,
r
/ f
Gail Lee Mudgett 0111