HomeMy WebLinkAboutMinutes 121289Approved as read 1/9/90
ATASCADERO CITY COUNCIL
DECEMBER 129 1989
The regular meeting of the Atascadero City Council was called to
order at 6:04 p.m. by Mayor Dexter. The Pledge of Allegiance was
led by Councilman Lilley.
ROLL CALL:
Present: Councilmembers Shiers, Mackey, Lilley,
Borgeson and Mayor Dexter
Staff Present: Ray Windsor, City Manager; Arther Montandon,
City Attorney; Henry Engen, Community
Development Director; Bob Fielding, Chief
Building Official; Gary Sims, Senior Civil
Engineer; Mark Joseph, Administrative
Services Director; Chief Bud McHale, Police
Department; Chief Mike Hicks, Fire
Department; Andy Takata, Director of Parks,
Recreation and Zoo; Boyd Sharitz, City Clerk
and Lee Daykav Deputy City Clerk
Mayor Dexter read the Proclamation endorsing the concepts of
"Human Responsibilities for Peace and Sustainable Development".
At 6:10 p.m., Mayor Dexter recessed to Closed Session for the
purpose of discussing instructions to the City's negotiator
regarding purchase and/or sale of real property. The City
Attorney, quoting the Brown Act, clarified by reading the
following list of items to be addressed:
To give instructions to the City Manager as the City's
negotiator, pursuant to Government Code Section 54956.8,
regarding the following real property transactions:
A. Sale of City owned property. Lots 28,29, 33, 34, 336,
37, 38, 39, 40 and 41 of Atascadero Colony Amendment 6.
B. Purchase of property owned by William P. Guidry, et
al., described as lots 4, 5, 29, 30, 31 and Block 3C.
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C.
Purchase
of property
owned by Gene
and Clara Mumford
described
as lots 1,
2, 33 and 32 of
Block JC.
D.
Purchase
of property
owned by E.L.
Brown described as
lot 3 of
Block JC.
E.
Purchase
of property
owned by George
and Dorothy Bench
described
as Parcel 3
of T.M. at 88-307.
F.
Purchase
of property
owned by W.L.
O'Reilly trust, et
al., described
as lots
1, 2 and 3 of
portion of Block
YA.
The Open Session was reconvened at 7:02 p.m.
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Councilwoman Borgeson made reference to the proclamation Mayor
Dexter read earlier in the evening and suggested to the Council
that the City make a contribution to the County Chapter of Beyond
War Foundation. After consulting with the City Manager on the
proper procedure for making such a donation, the following
motion was made.
MOTION: By Councilwoman Borgeson and seconded by Councilman
Shiers that the City Council donate $100 on behalf of
the County Chapter of Beyond War Foundation; passed
unanimously by roll call vote.
COMMUNITY FORUM:
Gail Mudgett, 3125 Ardilla Road, read the attached prepared
statement (Exhibit A) regarding recent contact with City offices
for the purpose of ascertaining whether an Environmental Impact
Report had been ordered for the area in which she lives. Mrs.
Mudgett referred to a copy of the 1979 Draft Environment Impact
Report (DEIR).
Henry Engen responded, for the purpose of providing information
to Council, that the 1979 DEIR was referenced at the Joint
Meeting of the Planning Commission and City Council on November
21, 1989. He stated that the report had originally been
completed for the Department of Real Estate for the Long Valley
Ranch Project done by Gordon Davis, and is presently used as an
information document.
The Community Development Director further stated that the
applicant's engineers will now be submitting a geology report
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along with all other legally required submittals.
With respect to building permit status requests by the public,
Mr. Engen explained that there was a standard process of
requesting information regarding current permits from the
building counter and that it was not easily done on instant
demand. He further reported that no permits are currently being
sought on Ardilla. Mr. Engen added that perc testing is a pre-
requisite to issuing a building permit and does not require a
permit.
1. NOVEMBER 28, 1989 CITY COUNCIL MINUTES
2. NOVEMBER 30, 1989 SPECIAL COUNCIL MEETING MINUTES
3. FINAL PARCEL MAP 37-87, 8430 SANTA ROSA ROAD (Messer/Cuesta
Engineering)
4. PROCEDURES FOR THE SELECTION OF COMMISSION, BOARD AND
COMMITTEE MEMBERS
Mayor Dexter read the Consent Calendar. Steve LaSalle, of
Atascadero, asked that Item #4 be pulled for further discussion.
MOTIONS By Councilman Lilley and seconded by Councilwoman
Mackey to approve, with the exception of Item #4, the
Consent Calendar; passed unanimously by roll call vote.
Mayor Dexter clarified Item #A-4 stating that this was a
reaffirmation by the Council of Resolution of 35-81, a resolution
adopting procedures for the selection of commission, board and
committee members. He reported that both he and Councilwoman
Borgeson had served as a subcommittee to review the resolution
and had decided that it was acceptable and that no changes were
necessary.
Public Comment:
Mr. LaSalle asked the Council if the resolution was reaffirmed as
it stands. Mayor Dexter answered that it was, with no changes.
The City Manager noted, for the record, that the resolution was a
policy of the Council and not part of the Municipal Code.
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0 &
MOTION: By Councilman Lilley and seconded by Councilwoman
Mackey that Resolution 35-81 be reaffirmed; passed
unanimously.
B. HEARINGS/APPEARANCES:
1. CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREE, 5550
TRAFFIC WAY ("The Oaks") (Cont'd from 10/30, 11/14 &
11/28/89 --Public hearing closed)
Henry Engen gave staff report and confirmed that landscaping had
died. He stated that the CC&R's did not provide any leverage for
the City to require restoration of the landscaping. He reported
that the matter would be pursued under the enforcement provisions
of the Zoning Ordinance.
The applicant was not present.
Councilwoman Borgeson asked Mr. Engen if he had spoken with the
Homeowner's Association regarding pruning of the tree. He stated
that he had not and indicated that the tree was not a good
candidate for pruning because of its' limited crown.
Council discussion ensued regarding the safety and liability
issue of the tree. The City Attorney advised that once the City
is put on notice that there is a potential danger, the City does
assume some liability if the tree is allowed to remain. Mayor
Dexter clarified the opinion of the City Arborist.
There were no public comments.
MOTION: By Councilman Lilley and seconded by Mayor Dexter to
grant the applicant's request to remove a Heritage Tree
at 5550 Traffic Way; passed 4:1 with Councilman Shiers
voting No. Councilwoman Mackey indicated her yes vote
was made reluctantly and Councilwoman Borgeson stated
that her yes vote was based upon the City Attorney's
assessment regarding liability.
2. PROPOSED ADOPTION OF MODEL CODES AND TITLE 8 BUILDING
REGULATIONS
A. Ordinance No. 199 - AN ORDINANCE OF THE CITY OF
ATASCADERO AMENDING TITLE 8 (BUILDING REGULATIONS) TO
THE ATASCADERO MUNICIPAL CODE AND ADOPTING BY
REFERENCE, THE UNIFORM CODE FOR BUILDING CONSERVATION
INCLUDING ALL APPENDICES (LATEST PRINTING), THE UNIFORM
ADMINISTRATIVE CODE, 1985 1988 EDITION, PUBLISHED BY
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THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE
UNIFORM BUILDING CODE, INCLUDING APPENDIX CHAPTERS 79
32, 35, 38, 57 AND 74, 1985 1988 EDITION, AND THE
UNIFORM BUILDING CODE STANDARDS, ALL PUBLISHED BY THE
INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE
NATIONAL ELECTRICAL CODE, 1987 EDITION, PUBLISHED BY
THE NATIONAL FIRE PROTECTION ASSOCIATION; THE UNIFORM
PLUMBING CODE, INCLUDING ALL APPENDICES, 1985 1988
EDITION, AND THE IAPMO INSTALLATION STANDARDS, 1985
1988 EDITION, ALL PUBLISHED BY THE INTERNATIONAL
ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS AND
THE INTERNATIONAL ASSOCIATION OF BUILDING OFFICIALS;
THE UNIFORM MECHANICAL CODE, INCLUDING ALL APPENDICES,
1985 1988 EDITION, PUBLISHED BY THE INTERNATIONAL
ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS AND
THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE
UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 19851988
EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE
PLUMBING AND MECHANICAL OFFICIALS; THE UNIFORM SIGN
CODE, 1985 1988 EDITION, PUBLISHED BY THE INTERNATIONAL
CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM FIRE
CODE, INCLUDING APPENDIX CHAPTERS I -A, I -B, I -C, II -A,
II -B, II -D, II -E, III -A, III -D, IV -A, V- AND VI -A, VI
B, 1985 1988 EDITION, AND THE UNIFORM FIRE CODE
STANDARDS, 1985 1988 EDITION, PUBLISHED BY THE WESTERN
FIRE CHIEFS ASSOCIATION AND THE INTERNATIONAL
CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM HOUSING
CODE, 1985 1988 EDITION, PUBLISHED BY THE CODE FOR
ABATEMENT OF DANGEROUS BUILDINGS, 1985 1988 EDITION,
PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING
OFFICIALS, ALL AS AMENDED.
(FIRST READING: Motion to (1) waive reading of
ordinance in full and approve by title only - Voice
vote; (2) motion to approve Ord. No. 199 on first
reading - Roll Call)
Henry Engen gave staff report with recommendation. Bob Fielding,
Chief Building Official, clarified the reason behind the
adoption of the Uniform Building Code for Conservation. He
explained that it allows the City more flexibility in dealing
with existing and historic buildings and additionally allows
reinforcement of un -reinforced masonry or potentially hazardous
buildings. Mr. Fielding described the Code as the most current
and viable document; one that everyone can be familiar with and
use as a standard.
Mayor Dexter commended the Chief Building Official for his
report and Mr. Fielding responded to Council questions regarding
State mandates and earthquake requirements. Councilman Shiers
asked if the City could require commercial buildings to supply
hot running water. Mr. Fielding explained that the Building Code
only necessitates restaurants and food service facilities to
provide the infrastructure for hot and cold running water. He
further stated that the Department of Health and Safety has
jurisdiction over issues of this nature.
Councilwoman Borgeson asked Chief Hicks to clarify fire sprinkler
square footage standards. He explained that the formatting is
new, but the standard is the same.
Mr. Fielding added that the fee schedule has not been changed.
There were no public comments.
MOTIONm By Councilwoman Borgeson and seconded by Councilman
Shiers to waive the reading of the Ordinance in full
and approve by Title only; passed unanimously.
MOTION: By Mayor Dexter and seconded by Councilwoman Mackey to
approve Ordinance No. 199 on first reading; passed
unanimously by roll call vote.
3. REVISIONS TO TERMS OF PLANNING COMMISSIONERS
A. Ordinance No. 200 - Amending Sections 2-9.02, 2-9.03
and 2-9.04 of the Atascadero Municipal Code revising
the terms of office of the Planning Commission.
(FIRST READING: Motion to (1) waive reading of
ordinance in full and approve by title only - Voice
vote; (2) motion to approve Ord. No. 200 on first
reading - Roll Call)
The City Attorney gave his report and presented his proposed
revisions, including the deletion of the provision which required
a planning commissioner who runs for City Council to resign.
Mayor Dexter announced that he had noted that the Municipal Code
also stated that a commissioner to the Parks and Recreation
Commission be required to resign if he/she sought election to the
City Council. He asked Mr. Montandon for procedure to make this
provision consistent with other commissions. The City Attorney
advised the Council to act on the calendared matter and if they
intended to further amend other provisions of the Code, those
amendments should be brought back at a later date.
There were no comments from the public.
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MOTION3 By Councilman Lilley and seconded by Councilwoman
Mackey to waive reading and approve by title only
Ordinance No. 200 to amend Sections 2-9.02, 2-9.03 and
2-9.04 of the Municipal Code; unanimously passed.
MOTIONm By Councilwoman Mackey and seconded by Councilman
Lilley to approve Ordinance No. 200; passed unanimously
by roll call vote.
uv. TAPE RECORDING OF CITY COUNCIL MEETINGS
A. Ordinance No. 201 - Repealing Section 2-1.19 of the
Atascadero Municipal Code, which regulated the
recordation of City Council meetings.
(FIRST READING: Motion to (1) waive reading of
ordinance in full and approve by title only - Voice
vote; (2) motion to approve Ord. No. 201 on first
reading Roll Call)
The City Attorney gave staff report indicating that Section
2-1.19 of the Municipal Code, which requires a four-hour notice
of intent to record meetings, conflicted with Government Code
Section 54953.5 and recommended deleting the whole requirement.
Mr. Montandon clarified for Councilwoman Mackey by stating that
if the amendment was adopted, no notice would be required and
that the only control left to Council under State law would be
that if the meeting is disrupted by the recording in anyway, the
recordation devices could be excluded from the meeting.
There were no comments from the public.
MOTIONm By Councilwoman Borgeson and seconded by Councilman
Shiers to waive the reading of the ordinance in full
and approve by title only; passed unanimously.
MOTIONm By Councilwoman Borgeson and seconded by Councilman
Shiers to approve Ordinance No. 201 of the Atascadero
Municipal Code repealing Sections 2-1.19; passed 4:1
with Councilwoman Mackey voting no, stating that she
was not against the recordation of the meetings but
felt that the Council should be notified.
Mayor Dexter called for a recess at 8:12 p.m. The meeting was
reconvened at 8:25 p.m.
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1~ HERITAGE TREE REMOVAL° 8250 LOS OSOS ROAD ^- REQUEST FOR
RECONSIDERATION (Denied 11/28/89) (Councilwoman Mackey)
Mayor Dexter read Section 2-1.13(D) of the Atascadero Municipal
Code regarding motions to reconsider.
Councilwoman Mackey asked the Council for reconsideration of
this tree removal request stating that she had received a call
from the applicant, Mr. Bligh, and had gone back out to view the
tree. She reiterated that she still did not think the tree would
fall on anyone, but acknowledged that the applicant had properly
processed the application and that staff had recommended to
approve. She also reported that there were many more oaks on the
property and that her original questions of intent on the
property had been answered. Fencing had been completed and
sprinkler heads were staked for identification due to plowing.
In addition, Ms. Mackey observed many boxed trees awaiting
planting.
Councilwoman Mackey expressed, as a separate item, that she
would like to see the new Tree Ordinance soon and to remove the
review by City Council, except on appeal.
Councilwoman Borgeson asked the City Attorney for clarification
on reconsideration. Mr. Montandon advised the Council on the
legality of voting on this matter.
MOTION: By Councilwoman Mackey and seconded by Councilman
Lilley to reconsider the 11/28/89 decision of the City
Council on the request to remove a Heritage Tree at
8250 Los Osos Road; passed unanimously.
Additional discussion followed with Councilwoman Borgeson
declaring that there had been no new evidence presented. She
asserted that another public hearing should be held before the
Council addressed the request again. Councilwoman Mackey
debated that there was additional evidence that justified
reconsideration and clarified the reasons for changing her
decision.
Councilwoman Borgeson additionally reported that she had learned
that Ms. Shicker's reports have been edited by Staff and objected
strongly. She requested that the City Arborist be present at
meetings when requests to remove trees are heard so that she
could answer specific questions and note any additions to her
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reports.
Councilman Shiers spoke in opposition of the request stating that
the tree is not dead and that it serves a useful purpose to
wildlife. He favored fencing the tree off for safety reasons.
Comment:Public
Debbie Sligh, 8250 Los Osos Road and speaking on behalf of her
father, asked the Council to vote on the matter.
MOTIONn By Councilman Lilley and seconded by Councilwoman
Mackey to approve the request to remove the Heritage
Tree at B250 Los Osos Road; passed 3:2 with
Councilmembers Borgeson and Shiers voting against.
Councilman Lilley stated that he wanted to see the new Tree
Ordinance address liability issues and considerations for
preservation of wildlife habitats.
Councilwoman Borgeson reiterated her request to have the City
Arborist on hand when the Council hears items regarding Heritage
Trees. Mayor Dexter directed the Community Development Director
to ask Ms. Shicker to be present. Mr. Engen noted that this
would create an additional cost to the program.
2. DRAINAGE IMPROVEMENTS
A. Graves Creek Project
Gary Sims, Senior Civil Engineerr, gave lengthy staff report
explaining the present conflicts. He read portions of an
independent survey performed by Volbrecht Surveys on December
12, 1989 and stated that there has always been a question of
what is the potential runoff impact of the Dovica Tract
Subdivision. He concluded that Paul Sensibaugh's original
analysis during the Dovica Tract review period was correct and
that the runoff implications resulting from that tract are
minuscule.
Mr. Sims proposed that once the Record of Survey has been filed
and the Berrys have been provided with such, if they disagree
with it, they would be entitled to thirty days to have another
surveyor file an Opposing Record of Survey. He suggested that
at that time Staff meet with the Berrys to identify and negotiate
a suitable project.
Mr. Sims defined "water course" and substantiated the area as
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such. He answered additional Council questions regarding
proposed runoff from new developments and stated that he did not
believe the runoff from the Dovica Tract was surface water. He
further reported that the Engineering Department's drainage and
survey calculations are public information and invited the Berrys
to come in and review and discuss them with Staff.
Mayor Dexter directed the question of City liability to the City
Attorney who advised that the liability would be based upon the
amount of damage caused by any diverted water. He further
explained that, given the calculations of today, there is little
chance of liability.
Comment:Public
James Berry, 6955 Balboa, asked the Council to address the "real
issue" which he described as excess water caused by development
flowing through his property. He disagreed that his property
was in a water course and strongly objected to runoff from new
developments declaring that this is illegal. He further
remarked that he would not accept Volbrecht's survey and asked to
be granted time to have a re -survey completed.
Mayor Dexter urged Staff to continue to do all that they can to
negotiate with the Berrys and arrive at a satisfactory conclusion
to the problem.
B. Resident Petition re: Alegre Avenue
Mr. Sims gave his staff report indicating that the developer's
drainage plan was never submitted for review and that this
oversight was not caught. Attempts to convince the developer and
the design engineer to mitigate the existing situation failed
because of the fact that their map had been signed off.
Henry Engen asked Council to refer to Staff to more fully
evaluate alternatives and make cost estimates.
Lengthy Council discussion followed regarding the drainage issues
of the City, the need for a Comprehensive Drainage Plan and the
City's responsibility to ensure conditions of approval.
3° DOWNTOWN STREET LIGHTING PROJECT (Councilman Lilley)
Councilman Lilley reported that he had met with Dave Vega, Area
Manager for PG&E's North County Customer Center, in an effort to
revamp existing lighting around City Hall. Mr. Lilley summarized
some of the technical difficulties and costs involved with a
historical lighting program. He suggested a pilot program that
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would 1> restore the lighting along both East and West Mall and
2) allow the City an opportunity to "work out the bugs" by
establishing a good liaison with PG&E to coordinate a cost-
efficient way to replace the lighting system.
Mr. Vega, an 11 -year resident of Atascadero and representing
PG&E, addressed the Council and announced that he would be happy
to work with the City on the proposed project.
Discussion followed with supportive comments from the Council.
The City Manager suggested starting a fund for the downtown
revitalization program to help account for monies spent.
MOTIONx By Councilman Lilley and seconded by Councilwoman
Mackey to authorize a sum not to exceed $3,000 to
restore the lighting along both Malls from El Camino
Real to the Memorial Building; passed unanimously by
roll call vote.
OATH OF OFFICE
At 10:10 p.m., the City Clerk swore in the new City Attorney, Art
Montandon.
uw. CALTRANS ADVISORY COMMITTEE
Mayor Dexter appointed nine persons to serve on the Caltrans
Advisory Committee: Lisa Bhicker and Gary Sims, members of
Staff; Bonita Borgeson and Marge Mackey as members of the
Council; Henry Hammer, Tim O'Keefe, Anne Little, David Duncan and
Will Lewis as Members -at -Large.
5. SALES TAX SUPPLEMENTAL FUNDING _ SELECTION OF TWO TASK
FORCE MEMBERS TO SLOACC
The City Manager gave his report stating that this task force's
primary objective would be to secure input in a public opinion
survey to assess public attitudes,' test support for specific
measures, projects and fund options, evaluate survey results and
assist in developing a program that could be supported by all
jurisdictions to be ultimately decided on by voters in the
County. He announced the first meeting of this task force and
asked the Mayor to appoint two members of the Council.
Mayor Dexter appointed Councilwoman Borgeson and Councilman
Shiers; both Councilmembers accepted.
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6. _ WASTE REDUCTION AND MANAGEMENT
RESOLUTION (Atascadero Recycling Committee)
The City Manager gave his report explaining that the resolution
before the Council was the first step in identifying issues the
Committee wants to work on. Mr. Windsor supported adoption
advising that the resolution is in conformance with State
legislation with respect to the goals of recycling.
Comment:Public
Ron Valarino, resident of Atascadero and member of the Recycling
Committee, spoke in support of the resolution. He asked the
Council to give them the "green light" as they are anxious to get
started.
Jim Patterson, 9312 N. Santa Margarita Road in Atascadero and
Chairman of the Recycling Committee, stated that the resolution
sets the groundwork for the Committee and establishes goals to
manage the issues of solid waste. Mr. Patterson answered Council
questions regarding current legislation and enforcement of source
reduction.
Councilwoman Mackey announced that there is currently a vacancy
on the committee. Mr. Patterson answered Council questions
regarding member qualifications.
MOTIONm By Councilwoman Borgeson and seconded by Councilman
Shiers to adopt Resolution 84-89; passed unanimously by
roll call vote.
D. :
&. City Councils
A. Committee Reports (The following represents ad hoc or
standing committees. Informative status reports will
be given, as felt necessary.):
1. City/School Committee - Mayor Dexter gave report
stating that the Committee had met and discussed a
request to include a member of the business
community on the committee. It was decided that
the Committee stand as it is: a communication
between the two entities of City Council/Staff and
School Board/Staff. The City Manager announced
the newt meeting date as Thursday, December 14,
1989.
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2. North Coastal Transit/S.L.Q. Area Coordinating
Council - Councilwoman Borgeson attended a public
hearing to receive public input on the existence
of public transportation needs and gave her
report. The newt meeting will be in January of
1990.
3. Traffic Committee - Councilwoman Mackey reported
that the Committee had held a special meeting to
discuss the four-way stop at Olmeda and Traffic
Way. PTA members have requested a crossing guard
at that location. Ms. Mackey indicated that the
request has been referred to the City/School
Committee and the City Manager re -iterated the
date of their next meeting.
4. Solid/Hazardous Waste Mgmt. Committee -
Councilwoman Mackey indicated that a report and
recommendation was forthcoming on the Chicago
Grade Landfill.
5. Recycling Committee (see Item C-6)
6. Economic Opportunity Commission - Mayor Dexter
gave his report and announced the next meeting
date as December 14, 1989.
7. Finance Committee - Councilman Shiers indicated
that there had been no meeting.
B. B.I.A. - No meeting was held due to the busy
holiday season.
9. Downtown Steering Committee - Henry Engen gave his
report stating that consultants are working on a
preliminary draft and announced that a meeting
was to be scheduled for early January 1990.
10. Interim Growth Management Committee - No report.
11. General Plan Subcommittee - No report.
2. City Attorney - No report.
3. City Clerk - Wished all his associates a happy holiday
season.
4. City Treasurer - No report.
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5. City Manager — Expressed best wishes for the New Year.
Additional Council Comment:
Councilman Shiers referred to a letter the City Council had
received regarding air pollution caused by burn days and asked
the Council to take a look at the problem and consider some
solutions. The City Manager indicated that input would be
solicited from the Fire Chief.
THE MEETING WAS ADJOURNED AT 10:42 P.M. TO THE NEXT REGULAR
MEETING ON JANUARY 9, 1990.
MINUTES RECORDED BY:
BOYD C. SHARITZ, C LERK
MINUTES PREPARED BY:
wt&-C�
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LEE DAYKA, DEPUTY CITY CLERK
Attachment: Exhibit A (Mudgett)
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Gail Lee Mudaett
3125 Ardilla Road
Atascadero, Calif
December 12, 1989
Ladies and Gentlemen of the City Council:
On Thursday, December 7th, I telephoned Chief Planner Engen to protest the
taking of "percolation samples, for building" on'the seismic hill above our
home. I protested to Mr. Engen that this City Council had ordered an Envir-
onmental Impact Report for that area earlier.
Planner Enaen's reply was, "7I just discovered an EIR:" I said, "Please may
I see it?" He said he would not be there, but that he would leave the EIR
with a note addressed to me in the office.
My immediate reaction to Mr. Engen's "discovery of an EIR" was:
1. Why hadn't Gordon Davis, or Bill Barnes, offered the EIR in Auaust,
when without City permits for bulldozing, Mr. Sensebaugh stopped the work of
grading the paper road on the steep slopes of that "high risk" hill?
2. Wily was that EIR belately discovered in December, three full months
later, and after the City Council ordering of an EIR?
On Friday, December 8, with three neighbors adjoining that area, I was given
this 1979 DRAFT EIR, prepared by a San Luis Obispo firm, which is no longer
listed in the telephone directory. The applicant is Gordon T. Davis. Four
copies were made of that EIR for $37 dollars and not $38.00 for just one copy,
as offered at City Hall;
On Mondat the 11th, I telephoned the Sacramento Office of California Department
of Real Estate, because the Title Page states that the EIR was prepared for them.
Two Sections of that Department told me that the EIR was"not handled by them".
I next contacted a specialist on EIR's and his simple analysis was: That as a
DRAFT EIR it would have been obsolete after two years. That copy Mr. Engen
gave me was dated January 1979
My question to you: Why would our City Chief Planner present me with an obsolete,
ten year old DRAFT EIR (DEIR) as a Final Environmental Impact Report? WHY WAS
THIS DECEITFUL TRICK FOISTED ON ME, A CONCERNED CITIZEN?
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2
On Sunday, December 10th, a young workman was on the slope above our home,
beside his truck taking sampled out of the big hole in the aground. Amazed,
I asked him, "Why are you working on Sunday?" He answered,"Oh: We have
to Bret this in by Monday."
I wondered why the rush? When I went to the City Hall today, I asked to see
the permits for any building on the paper road of Ardilla. I was told that it
would take time for the girl to find them. When I asked,"Don't you have a
list of very recent permits?" I was told, "No. It would take time to find them."
My question to you our City Council is: What kind of store are you running?
Fake EIR"s and the inability to locate permits as recent as one day? Memory
can do that much:
I wish this statement of questions and answers to be placed on the next Agendas
for the Planning Commission and the City Council.
Than You,
/17G G (LGIi G p
Gail Lee Mudge t
r
W 0?
December 12, 1989
ADDENDUM TO THE GLM STATEMENT TO THE ATASCADERO CITY COUNCIL, OF DECEMBER_!@th.
Ladies and Gentlemen:
Tonight at 5PM Lee the Secretary to this City Council, phoned to say she could
not find. any reference to an EIR for the seismic hill above, south and north of
my home, I thank Lee for her diligent search. I still honestly believe that
such a City Council order was given. I certainly can be wrong, and for that I
apologize.
However, when I protested to Mr. Engen on the December 7th, saying I could not
understand w� the building samples when the EIR had been ordered. Mr. Engen
did not correct that protest. He said., "I just discovered an EIR."
Nor do I withdraw my strong outrage at being given a ten year old obsolete DRAFT
Report in order to facilitate building on those seismic foothills, That fact
still stands!
I also repeat, I wish to be on the agendas of the Planning Commission and the
City Council w'it'h hat deceitful, tricking 1979 EIJI.
G'M