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MINUTES - •ATASCADERO *Y COUNCIL
Regular Meeting, November 12 , 1985 , 7 : 30 p.m.
Atascadero Administration Building
The Regular Meeting of the Atascadero City Council was called to order at
7 :30 p.m. by Mayor Nelson, followed by the Pledge of Allegiance.
ROLL CALL
Present: Councilmembers Mackey, Molina, Norris and Mayor Nelson.
Absent: None
STAFF
Mike Shelton, City Manager; Thomas Morlan, Acting City Legal Counsel;
Bud McHale , Police Chief; Henry Engen, Community Development Director;
Paul Sensibaugh, Public Works Director; Joel Moses, Associate Planner;
Meg Morris , Assistant Planner; Cindy Wilkins, Deputy City Clerk; Robert
Jones, City Attorney/City Clerk (arrived approx. 9:35 p.m. ) .
COUNCIL COMMENT
Councilwoman Mackey, on the advice of the City Attorney, asked if Coun-
cil would support the citizens' appeal of the Planning Commission's
decision allowing for the removal of the sycamore tree at Kentucky Fried
Chicken; Council's support would allow for an additional public hearing
as well as eliminate the $100 fee requirement for appeals. Based on
their lack of information relating to this issue , Council concurred to
allow for the normal appeal process to take place , if initiated.
Councilwoman Norris congratulated Emile LaSalle, present in the audience,
for his recent election to the A.U.S.D. Board.
Mayor Nelson proclaimed the month of November as both National Hospice
Month and Veterans' Unity Month.
A. CONSENT CALENDAR
Note: re: Item #6, Mike Shelton, City Manager, briefly summarized this
item,
re: Item #2 , Mayor Nelson asked that the item be entitled "Pro-
posed Resolution 124-85" , omitting the subsequent wording, as
some of the Councilmembers felt the: wording to be misleading.
1. Minutes of the Regular Council Meeting of October 28, 1985
2, Proposed Resolution 124-85
3. Authorization Requested for Public Works Director to Enter into a
5-Year Elevator Maintenance Agreement with Tri-County Elevator Co.
4. Claim by Lennette Tingey (unspecified amount) (RECOMMEND DENIAL)
5 Proposed Resolution 125-85 - Authorizing a Procedure for the Des-
truction of Police Records
6. Motion Directing City Clerk to Advertise for Interested Applicants
to Serve as Citizen Representative to the Citizens Transit Advisory
Committee
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COUNCIL MINUTES - 11/12/85
PAGE TWO
7. Tentative Parcel Map 26-85 - Davis/Greene - 8870 San Gabriel Road
(Allow division of 8.7 acres into 3 lots of 2 . 9 acres each)
8. Lot Line Adjustment 10-85 - Dulitz/Moore (Adjust property line to
create 2 lots with frontage access off Garcia Road)
MOTION: By Councilwoman Mackey to approve Consent Calendar Items 1-8 ,
seconded by Councilman Handshy; passed unanimously by roll-call
vote.
MOTION: By Councilman Handshy that Council recess and convene as the
Atascadero County Sanitation District Board of ,Directors,
seconded by Councilman Molina; passed unanimously.
B. ATASCADERO COUNTY SANITATION DISTRICT -(ACSD)
1 . Proposed Annexations into the Atascadero County Sanitation District :
A. Public Hearing on the Following Proposed Annexations into the
ACSD (Cont 'd from 10/14/85 and 10/28/85) .
a. Lots 73-87 , Marchant Way
b. Lots 66-72 , Santa Rosa Road
c. Lots 11-16 , Santa Rosa Road
B. Proposed Resolution 118-85 (Alternate 6) - Approving Annexation
for Improvement District #3 (Lots 73-87 , Marchant Way, Lots 66-
72 , Santa Rosa Road and Lots 11-16 , Santa Rosa Road (Cont 'd from
10/14 and 10/28/85)
C. Proposed Resolution 123-85 (Alternate 2) - Approving Annexation
for Improvement District #3 (Lots '66-87 , Block JC Marchant Way
and Santa Rosa Road)
Paul Sensibaugh, Public Works Director, gave staff report. He noted
that staff would be willing to meet with some of the property owners on
Monday, Nov. 18th, 7: 30 p.m. , at the VFW Hall for an informal discussion
of this issue and the alternatives before the [-Board, , if the property
owners so choose.
PUBLIC COMMENT
Carl Lownes, representing most of the property owners on Marchant Way
and Santa Rosa, expressed that the cost estimates are 2-3 times what
they understood the original estimates to be. He requested that t:he Beard
postpone their decision until the Nov. 25th meeting in order to give the
property owners the opportunity the meet at the VFW on the 18th and dis-
cuss the alternatives offered; most of the property owners should be
present at that time, along with their owri' engineer and some of the City
Staff. Mr. Lownes 'extended an invitation to Council to attend, as `.in-
dividua,ls (not as a body) .
Shirley Moore, resident, incauired if the parcels under consideration had
been included intherecent estimation of remaining sewer hook-ups (some-
time back, she stated, the paper reported 90 hook-ups left after the 400
COUNCIL MINUTES - 11/1205
PAGE THREE
unit project was included in the system) ; having been paying for several
years, she expressed concern about possibly losing the opportunity to hook
up should the 90 "slots" be filled up. Paul Sensibaugh responded that the
existing lost were included in that estimate, however, potential lot splits
weren't figured in.
MOTION: By Director Mackey that the Board go along with the wishes of the
property owners and continue this item to their Nov. 25th meet-
ing, seconded by Director Norris; passed unanimously.
MOTION: By Director Handshy that the Board adjourn and reconvene as the
Atascadero City Council, seconded by Director Mackey; passed unan-
imously.
nanimously
C. HEARINGS, APPEARANCES AND REPORTS
1. Public Hearing - Appeal by Gary Mulholland of_ a 10-foot Sidewalk Re-
quirement for an RMF-16 Project at 5550 Traffic Way
Henry Engen, Community Development Director, gave background summary
on this item, with further staff report from Paul Sensibaugh, ,Public
Works Director.
Public Comment
Gary Mulholland, applicant, proposed that the City staff perform a
pedestrian traffic study and determine what size sidewalkshould be
used as a policy, bringing their findings back to Council for an open
public hearing on the issue.
Mr. Engen reported that he had received a letter supporting the appeal
from a party (E. Grinnell) in Vancouver, WA.
Councilman Molina questioned the policy of not requiring sidewalks on
the industrial side of the street. Councilman Handshy and Councilwom-
an Mackey expressed concern over school children traffic. Mayor Nelson
and Councilwoman Norris stated that a sidewalk policy for the area
should be set as a public Council-level decision.
MOTION: By Councilwoman Norris that staff perform pedestrian traffic stud-
y and bring back their findings to Council for public hearing,
seconded by Councilman Handshy; passed unanimously.
2. Public Hearing- Zone Change 6-85 - 'Planning Commission Request to
Revise Minimum Lot Size Performance Standards Formula in the RS, RSF-Z
and LSF-Z Zones. (This involves the substitution of specific site in-
formation in the septic suitability factor instead -of using generalized
soils data, and to consider elimination of the 20% lot size reduction
adjustment option. )
Henry Engen, Comm. Develop. Director , gave staff report.
No public comment
MOTION: By Councilwoman Mackey that Mayor Nelson read proposed Ord. 113 by
title only, seconded by Councilman Molina; passed unanimously.
Mayor Nelson read proposed Ord. 113 by title only.
COUNCIL MINUTES - 11/1085
PAGE FOUR
MOTION: By Councilwoman Mackey that this constitutes the first reading
of proposed Ord. 113 , seconded by Councilman Molina; passed
unanimously. Second reading will be at the Nov. 25th meeting.
3. Public Hearing - Zoning Enforcement Hearings:: Nuisance Abatement
Thomas Morlan, representing the City' s legal counsel, Morlan & -Jones,
outlined the purpose and procedures for abatement hearings.
Oaths were administered to Henry Engen, Comm. Develop. Director, Joel
Moses, Associate .Planner, and Meg Morris, Assistant Planner, ,(who all
testified on behalf of the City utilizing the VCR) by Cindy Wilkins,
Dep. City Clerk. Henry Engen summarized the enforcement effort.
A. 1800 El Camino Real (APN: 49-131-47)
Owned by Leonard Q. Brazzi
(NOTE: Nuisance Abated Prior to Hearing Date)
Resolved, as noted; no Council action necessary.
B. 5985 Rio Rita (APN: 49-151-06)
Owned by Michael Frederick
Joel Moses, Assoc. Planner, gave staff report, with assistance of
Meg Morris operating VCR to show Planning, Dept. film of site.
Mr. Moses added that he had met with Mr. Fredericks for a discus-
sion of the issue today, and Mr. Fredericks had demonstrated a
willingness to take care of the problem as quickly as possible.
Public Comment
Michael Frederick, owner of subject property, took oath from Dep. `
Clerk. He stated that the property has always been a problem; in
approximately 1959 , Madonna Construction Co. took a lot of the
fill material from the side of the mountain on the property and
used it in the construction of the freeway overpasses. He stated
that the reason for "dragging our feet" was , up until two weeks
ago, he had a buyer for the property. The potential buyer had
planned to completely redesign the grading plan for a bigger pro-
ject. Although the City previously approved the engineered grad
ing plan, neither they nor the engineer would guarantee drainage.
Though the grading doesn't conform with that plan, Mr. Frederick
stated he already has $12 ,000 into the grading as it is. He's
willing to work with the City to solve the problem, indicating
30 days would be sufficient time to begin that process.
Mr. Engenadvisedstaff could work with Mr. Frederick to process
a grading _plan in that period, and he would have 180 days under
the permit to do the work.
MOTION: By Councilwoman Mackey that Council concurs with staff findings
and recommendations, as listed in their report, and directs them
to work with Mike Frederick in order to abate this nuisance as
expediently as possible , seconded by Councilman Molina; passed
unanimously by roll-call vote.
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COUNCIL MINUTES - 11/12/85
PAGE FIVE
C. 2100 El Camino Real (APN: 49-141-41)
Owned by Del Rio Investments
(Leased by Phillip and Mary Simoneau)
Staff report by Joel Moses, Assoc. Planner, with assistance of
Meg Morris , Asst. Planner, operating VCR. Mr. Moses added that,
during the time of the posting, staff had visited the site and
talked to Mrs. Simoneau; in addition, Mrs. Simoneau vis:itd.d -,the
City offices today and reviewed what has occurred since then:
She has installed a fence and is in the process of trying to
screen the property, and she indicated all the vehicles are now
operational (unconfirmed, by staff) . She indicated she could not,
due to her husband' s illness, be present tonight.
No public comment.
MOTION: By Councilman Molina that Council concurs with 'staff findings
and recommendations, as listed in their report, seconded by
Councilman Handshy; passed unanimously by roll-call vote.
D. 4540 Hidalgo (APN: 28-042-03)
Owned by Walter Braffett, et al.
Staff report by Joel Moses , with assistance of Meg Morris (VCR) .
Mr. Moses added that Mr. Braffett had visited the City offices
Friday to discuss cleaning up the site; he indicated that due
to vehicle breakdown and illness, he has been unable to complete
the process but that he would continue to try and remove as much
of the material as possible. ---No public comment.
MOTION: By Councilwoman Mackey that Council concurs with staff findings
and recommendations, as listed in their report, seconded by Coun-
cilman Handshy; passed unanimously by roll-call vote. It was
suggested that volunteer help be sought to assist in the cleanup.
E. 8555 El Corte (APN: 30-401-01 through 05)
Owned by William Poe
Staff report by Joel Moses, with assistance of Meg Morris (VCR) .
Mr. Moses added that Mr. Poe visited the City offices to discuss
the issue today.
Public Comment
Bill Poe, owner of subject property, took oath from Dep. Clerk.
He related his embarrassment over this issue. He recently ac-
quired this property, which was already in a problem state. The
Health Dept. issue has been addressed, and the only outstanding
problem is with regard to some of the equipment on the property;
:It seems no one is really sure who owns the equipment. Other
than that, Mr. Poe has no problem resolving the matter and feels
30 days is. sufficient time.
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COUNCIL MINUTES 11/185
PAGE SIX
MOTION: By Councilman Handshy that Council concurs with staff findings
and recommendations, as listed in their report, seconded by
Councilwoman Norris; passed unanimously by roll-call vote.
F. 8405 Coromar Road (APN: 56-041-17)
Owned by Harold Jr. and M.K. Sims
Staff report by Joel Moses , with assistance of Meg Morris (VCR) .
Mr. Moses related that Mr. Sims has asked for a 30-day continu-
ance of the matter in order to allow him to work on the site;
although 30 days might be sufficient time, Mr. Sims indicated to
Mr. Moses during their last contact , about 2 weeks ago, that he
didn't know what his regular work schedule would be and whether
or not rain might forestall some of his removal of equipment from
the site.
Thomas Morlan, Acting City Legal Counsel, recommended against a
continuance, as the law mandates 30 days to abate if. Council so
finds that a nuisance exists.
MOTION: By Councilwoman Mackey that Councilconcurs withstaffrecommen-
dations, as listed in their report , seconded by Councilman'Molina
passed unanimously by roll-call vote.
Public Comment
Sharon Wright, resident, related that she and her husband fee-1
they have been miscategorized and fall into the abatement Cate
fory: They were issued a citation for not having a business
license, and she feels the action the City, took against them for
having equipment on their property should have come in the way
of an abatement notice. Mrs.Wright claims she and her husband,
a general contractor, have had a business' license for 3z years
which expired in July. They reapplied because the business ad-
dress changed; the City lost their files, and they reapplied
again in August. They still haven't received a license. The
City came out and cited them, and they have to go to court on
Nov. 22nd for not having a business license. She feels they
have been harrassed by the City and that court is unnecessary.
City Attorney, Robert Jones, responded that it ' s within the
Council' s power to request the City Atty. to continue the court
appearance for a period of time to allow staff to respond; 'Coun-
cil consented to follow that suggestion, with a report on the
matter to be provided City Council.
COUNCIL RECESSED FOR A FIVE-MINUTE BREAK @ 9: 40 P.M.
D. UNFINISHED BUSINESS
1. Proposed Ordinance No. 112 -Amending the City Business License Or-
dinance Regulations (Recommend Continuance to future; Council Meeting)
(Cont 'd from 10/14/85 - Verbal Presentation by Grigger Jones , Atty. )
City Attorney Jones reviewed that the purpose of this amended
COUNCIL MINUTES - 11/185
PAGE SEVEN
ordinance is that the current one is the County Business License Or-
dinance which was adopted in its entirety, and many of its provisions
are not applicable today or to the City of Atascadero. He suspects
the first draft may be complete in two weeks.
E. NEW BUSINESS
1 . Proposed City Council/Parks and Recreation Commission Meeting Agenda
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for November 21 , 1985 {
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Council consented to approve of the date and proposed agenda; Coun-
cilmembers Norris and, possibly, Molina may not be in town to attend.
2 . Authorization Requested for Staff to Enter into Agreement with a
Private Engineering Firm to Provide Design Services for Replacing
Graves Creek Bridge (Proposals due November 8) (Public Works Direc-
tor, Paul Sensibau h, to give verbal presentation)
Paul Sensibaugh gave staff report. During the five-minute break,
he provided copies of the bid summaries received from the three en-
gineering firms the City requested to submit ahem to Council: Bis-
sell & Karn, Sacramento; CH2M Hill, Inc. , San Jose; Bruce Fraser &
Associates, Shingle Springs , all well-known California bridge con-
sultants and confirmed by Cal-Trans to have the capability to work
on this project Staff recommends acceptance of the proposal from
Bissell & Karn for the design engineering, who would also be doing
the construction engineering. (Figures quoted to City by Bissell &
Karn: $11,064. 77 , design engineering; $28,956.00 construction eng-
ineering)
No public comment.
MOTION: By Councilman Handshy to accept staff recommendation to accept
the proposal from Bissell & Karn, seconded by Councilman Molina;
passed unanimously by roll-call vote.
3. Proposed Resolution 126-85 - Authorizing Mayor to Enter into Agree-
ment with the County of San Luis Obispo to Exchange Property Tax
Revenue, Transfer Appropriations Limit, and Settle and Release of
All Claims
Mike Shelton, City Manager, gave staff report. He noted that the
full County Board of Supervisors unanimously approved the concept
of this proposed agreement, which will go 'before them one week from
today for conclusion upon Council' s approval tonight
MOTION: By Councilman Molina to have the Mayor sign and accept the agree-
ment with the County, seconded by Councilwoman Norris; passed
unanimously by roll-call vote, adopting Res. 126-85.
Council and staff concurred on the significant accomplishment reached
by the negotiating process , which, >Mayor Nelson noted, has -seen all
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COUNCIL MINUTES 11/12/85
PAGE EIGHT
3 of Atascadero' s City Councils since incorporation in 1979 , as well
as new faces on the County Board of Supervisors over the same period
of time.
F. COMMUNITY FORUM
No public comment.
G. INDIVIDUAL DETERMINATION AND/OR ACTION
City Council - Councilwoman Norris inquired if the business license
issuance process is behind schedule; Mr. Engen responded the pro-
cess is running on schedule, with no problems or complaints lately.
Mr. Shelton commented that the renewal process is now complete.
Councilwoman Mackey related that she had received' a complaint from
a citizen who used the coin-operated car wash in town, ldst some
money in the machine there and found that there was nothing posted
providing a contact to secure a refund from. She inquired if there
is an ordinance requiring non-attended coin-operated vendors to
furnish such information. City Attorney, Robert Jones, responded
that , legally, it' s difficult to enforce such a requirement; Coun-
cil consented that were customers to avoid patronizing the`.vendor,
the problem would take care of itself.
MEETING ADJOURNED AT 10: 16 P.M. TO THURS. , NOV. 21ST, @ 4:00 P .M. FOR THE
PURPOSE OF INTERVIEWS OF THE ADMINISTRATIVE SERVICES DIRECTOR CANDIDATES
AND 8: 00 P.M. FOR A JOINT MEETING WITH THE PARKS AND RECREATION COMMIS-
SION, AND TO 6: 30 P.M. (PRIOR TO THE REGULARLY SCHEDULED MEETING) ON NOV.
25TH IN THE 4TH FLOOR CLUB ROOM FOR THE PURPOSES OF 1984-85 AUDIT REVIEW
AND FIRST QUARTER FINANCIAL REVIEW.
RECORDED BY:
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ROBERT M. JOITS, City Clerk
PREPARED BY:
CINDY WILKINS, Dep City Clerk
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