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HomeMy WebLinkAboutMinutes 113099 Approved as submitted DATE: 12/14/99 ®� MINUTES i9is ® ie e ATASCADERO CITY COUNCIL STUDY SESSION TUESDAY, NOVEMBER 30, 19999 6:30 P.M. I. CALL STUDY SESSION TO ORDER Mayor Johnson called the meeting to order at 6:35 p.m. II. PLEDGE OF ALLEGIANCE Council Member Scalise led the Pledge of Allegiance. III. ROLL CALL Present: Council Members Arrambide, Clay, Luna, Scalise and Mayor Johnson Absent: None Others Present: City Clerk Marcia Torgerson Staff Present: City Manager Wade McKinney, Community Services Director Brady Cherry, Assistant City Engineer John Neil and City Attorney Roy Hanley. ATASCADERO ROADS IV. PURPOSE AND INTRODUCTIONS City Manager Wade McKinney welcomed everyone to this Study Session and gave a summary of how the Session would proceed. He introduced Community Services Director Brady Cherry and Assistant City Engineer John Neil who will also be making presentations tonight. Mr. McKinney gave definitions of unfamiliar terms that would be used at this meeting. CC-Roads Study Session 11/30/99 Page 1 Approved as submitted DATE: 12/14/99 V. SUMMARY OF FINANCIAL ISSUES Mr. McKinney reviewed amount of taxes we pay and how much Atascadero receives. He also compared the cities within SLO County concerning their tax revenues and expenditures. Council Member Luna asked what percentage of cities supplement their gas tax with the general fund monies. Mr. McKinney replied that the majority of cities in our county do not supplement with the exception Arroyo Grande and Paso Robles who contribute DLF. Council Member Clay asked for confirmation that most cities use only gas tax, not general funds, and we may need to use general funds because we have more roads. Mr. McKinney stated that other cities supplement their funds more than we do. Council Member Clay asked what role developers could play in road maintenance. Mr. McKinney replied that developer impact fees could not be used for maintenance. PUBLIC COMMENT Joan O'Keefe, Old Morro Road East, asked if the 8.6 million dollars of general fund revenue could fluctuate. Mr. McKinney responded, yes. Mayor Johnson closed the Public Comment period. VI. DESCRIPTION OF THE ATASCADERO ROAD SYSTEM Community Services Director Brady Cherry described the different categories of streets in Atascadero. He provided legal explanations for the current road situation. He explained that city maintained roads have been accepted by Council Resolution. Debbie Cardinale, 7355 Sonora, asked if there is a record of roads that are maintained. Mr. Hanley commented that the maintenance Mr. Cherry referred to is not an insolated incident, but rather roads that have been maintained since 1985 without there being a Council Resolution. Mr. Cherry responded, yes, there is a list. Ms. Cardinale asked what would qualify a road as "maintained." Mr. Cherry replied that it would require performed maintenance and the road would also have to be on the Public Works list. Ms. Cardinale asked if the maintenance would have to have occurred on a schedule or by citizen complaint. Mr. Cherry stated that since he has been with the City, it has been the department's practice to maintain only "city maintained" roads. Ms. Cardinale asked for a definition of the term"Colony Road." City Attorney Roy Hanley responded that when Atascadero roads were first being made there were not public roads rather property owners could buy entitlements which allowed them to travel on Colony Roads, thus allowing them to refuse whomever they wished. Council Member Luna asked what the estimated life of a newly accepted Colony Road would be. Mr. Cherry responded the expected life span of a new road or newly repaired road would be 20 years. Council Member Luna asked Mr. Hanley what the status of the Colony Road issue is. Mr. Hanley answered that the issue is yet to be resolved and commented that an attempt to CC-Roads Study Session 11/30/99 Page 2 Approved as submitted DATE: 12/14/99 resolve it may not advance the City's interest in fixing the road system. Mr. Hanley stated that the greatest problem would be the legal issue with Wells Fargo and maintaining the roads. Council Member Luna stated that he had hoped to hear a solution to the Colony Roads issue tonight. Mr. Hanley responded that the Colony Roads issue should be discussed in Closed Session so that the Council can discuss all the legal components. Council Member Clay asked for clarification of assessment districts. Mr. Cherry explained that after acceptance of an assessed road, the City would assume maintenance. Council Member Scalise asked if a neighborhood wanted to bring their road up to City standards and have the City accept it into its maintenance system, is there a list of requirements for them to follow? Mr. Cherry stated that there is and that information could be distributed. Council Member Arrambide stated that he is a"survivor" of an assessment district. He stated that their main concern was liability and believes it is still the major issue. He suggested that any road, built as a result of a development project, be up to City standards. PULBIC COMMENT Joan O'Keefe, Old Morro Road East, asked why the first list was created in 1985. Mr. Cherry replied that all the roads currently maintained, and the roads adopted by a Council Resolution, have been on the Public Works list since at least 1985, probably beginning in 1980. Barbara Reiter, 10150 San Marcos Road, stated that her street, San Marcos between Sierra Vista and Escondido, is not City maintained and is not on the list. Mr. Cherry stated that research could be done to determine whether or not that section of the road is City maintained. Pete Sotello, Seperado, asked for clarification of public right of way on non-city maintained roads. Mr. Cherry explained that the public has a prescriptive easement which provides the public with the right to travel the area. Mr. Sotello stated that Seperado is desperately in need of repair and asked when the City will step in. Mr. Cherry responded that the issue of emergency access is a problem and the City would not want the street to digress to the point that emergency vehicles could not gain access to homes. He stated that at the same time, the City does not want to adopt maintenance of the road. Howard Dolbeck, 7505 Cortina Ave., asked what the neighborhood would have to do to bring the road to City standards and under City maintenance. Mr. Cherry responded that he would address the issues later in the evening. Mr. Dolbeck commented that he had been told that even if the road was brought up to City standards, the City may not adopt the road. Mr. Cherry stated that his comment was true. Alice Bernick, asked why the City is not responsible to inform new home buyers of the status of the road adjacent to the property. Mr. Hanley stated that the City is not entitled to know when a home is in escrow and also it is not a legal duty of the City. He explained that the City attempted CC-Roads Study Session 11/30/99 Page 3 Approved as submitted DATE: 12/14/99 to place signs on those streets that are not City maintained, and the public resisted believing it would effect their property value. Laurie Grauss, Maleza, stated when she built her home City staff told her the road would be accepted by the City once all homes were built and the road completely paved. She also asked what happens with the subdivision roads. Mr. Cherry responded that they are privately maintained. Council Member Clay asked when the policy to not adopt roads was made. Mr. Hanley answered that he did not know the exact date but believed, originally, decisions were made ad hoc. He stated that staff would like to see the Council adopt a policy in the near future. Amy Woodard, asked if money is going to be poured into the Main Street Program, and if so, who will want to come to Main Street if the streets are not maintained. Mr. McKinney answered that the Main Street Program is financed with Redevelopment funds. Council Member Clay asked that if some of the Redevelopment funds were used for improvement of roads in the Redevelopment area, that could allow for increased funds in the roads account. Mr. McKinney stated that he was correct. Lon Allan, Santa Lucia, asked if a property owner will be able to put up a fence on a Colony Road. Mr. Hanley stated that it was possible but a Colony Lot landowner could also remove the fence by civil action. He expressed, in his opinion, if a barrier was placed on a Colony Road where it was unwanted by the City, it would probably have to be removed. Jennifer Hageman, Santa Lucia, asked if a subdivision is required to create roads at the City standard. Mr. McKinney replied that the City has required new roads to be up to City standards since the early 90s when the standards were adopted. Joan O'Keefe, Old Morro Road East, stated that some deviation has occurred as far as permitting the development of homes without first the development of a road, creating problems today. Mayor Johnson closed the Public Comment period. Council Member Luna asked if the roads that currently make up the old Highway 41 will be brought into the City maintained list once the new Highway 41 is finished. Mr. Cherry responded, yes, the City negotiated with Cal Trans which provided the City with $315,000 to fix the road. Council Member Clay stated that the policy of not accepting roads is not an old policy. VII. REVIEW THE PAVEMENT CONDITION REPORT AND FINDINGS Assistant City Engineer John Neil explained the pavement condition rating system. CC-Roads Study Session 11/30/99 Page 4 Approved as submitted DATE: 12/14/99 Mayor Pro Tem Arrambide asked how we currently decide which roads to repair. Mr. Neil answered that most of the funds currently used to repair roads are from outside sources and staff has attempted to prioritize by traffic etc. Mayor Johnson asked about the bike lanes. Mr. Neil replied that the County provided the money for that project. Council Member Luna asked how Portola was chosen to be resurfaced. Mr. Neil answered that Portola was on the Five-Year CIP since 1990. He stated that he encourages the public to attend Council meetings and speak because it is there that the CIP is created. Council Member Luna asked if Redevelopment monies could be used to help with the streets. Mr. Hanley responded that, yes, but our Redevelopment plan is very restrictive. PUBLIC COMMENT Rush Kolemaine, P.O. Box 1990, asked where the City will get future funds to maintain our roads. Mr. Neil stated that it will come from Urban State Highway account monies and regional monies. John Daley, stated that he was opposed to the City's incorporation in 1979 because of several issues including the fact that the City would be unable to keep the roads in proper repair. He suggested that the Council place on the March 2000 ballot the option to dis-incorporate the City. Larry Kennedy, asked what would be done to fix this problem. Alice Bernick, asked if the residents are supposed to maintain the road. Mr. McKinney stated that the residents are responsible on non-City maintained roads. Larry and Janet Koznek, 7485 Cortina, stated, in a prepared statement read by Howard Dilbeck, the City should take all roads into the City's maintenance system. If not, the City should provide to citizens staff for consultation on these issues. Paul Gray, San Marcos Road, stated that he would like to see a third party determine who actually owns the roads. Barbara Reiter, 10150 San Marcos Road, expressed concern for heavy, public traffic on non-City maintained roads. She suggested a Bond issue to resolve this problem. Mr. McKinney thanked the public for their concerns. He briefly addressed the finance concerns. Henry Novak, asked if there has ever been a survey as to why the roads are in the condition they are in. He stated that the poor condition is due to roads being created incorrectly. Lee Scott, Pinal, stated he is in a maintenance district and he has had extreme tire problems. Mr. McKinney stated that Mr. Cherry will be speaking about the maintenance district shortly. He CC-Roads Study Session 11/30/99 Page 5 Approved as submitted DATE: 12/14/99 commented that the City only receives in property taxes, $140 worth of maintenance each year for surrounding home owners. Mayor Johnson closed the Public Comment period. VIII. REVIEW OF GENERAL PLAN CIRCULATION ELEMENT Mr. McKinney explained the role of the General Plan and its relation to the layout of our roads. PUBLIC COMMENT: None IX. POTENTIAL STRATEGIES Mr. McKinney described the different funding methods that could be used: special taxes, new state funds, assessment districts, or the General Fund. Council Member Clay asked if we could add to our phone survey a question asking the public if they would be willing to pay a special tax to help repair our roads. Mr. McKinney stated that we could. Mayor Pro Tem Arrambide expressed concern for the home owners in assessment districts who have or will have to put out more money. He also asked if there was a new tax imposed, would those who are in an assessment district have to still pay the assessment fee. Mr. McKinney answered, yes. He stated a possible strategy would be opening an assessment district window to everyone at one time. Council Member Scalise suggested that an all-weather road be researched. Council Member Luna stated that we have to stop thinking of only how it affects me. We need a long-term plan to solve this issue. He also suggested a ten-year CIP, letting the voters decide at an election. Council Member Luna also stated he hopes the Council will be careful with the assessment districts and liability. Council Member Clay stated he would support reducing the width requirement of our roads to conserve both money and trees. PUBLIC COMMENT Howard Dolbeck, stated he is opposed to the special tax, in favor of the state funds, and in favor of the assessment district strategy. An Atascadero resident on Escarpa stated he supports a gas tax as those who use the roads pay for their maintenance. Mayor Johnson responded that the gas tax is in the State's jurisdiction. CC-Roads Study Session 11/30/99 Page 6 Approved as submitted DATE: 12/14/99 Raymond Jansen, 6655 Country Club Drive, stated that he supports a tax because it allows the entire community to pay for improvements that all citizens will enjoy. Larry Kennedy, Sonora, stated he supports more narrow streets, all-weather surface streets, and a tax; however, it would have to benefit all roads in the City. Horace Cardinale, Sonora, asked if cold mix could be made available to the public to use for the improvement of pot holes. Council Member Luna asked the City Attorney his opinion on that suggestion. Mr. Hanley stated that it could increase the liability to the City, but he would have to review that issue. Ann Quinn, Atascadero Gazette, asked if the $750,000 - $1,200,000 per year would maintain all the streets or just current City maintained streets. Mr. McKinney stated that the pavement condition report was for the roads that are considered City maintained roads. He also stated that if a special tax is implemented it would be for all roads. Rush Kolemaine, P.O. Box 1990, asked for a financial clarification on property taxes. Brian Stiff, Tranquila, suggested that if a survey is conducted, ask citizens if they are aware if they are on a City maintained road or not. Bill Bright, 11875 Santa Lucia, suggested that economic development would increase our sales tax revenue. Mr. McKinney stated that they would add that to the list of strategies. Alice Bernick, expressed concern for the roads in Atascadero that are not safe. She encouraged the Council to look at improving those roads. Art Reider, 10150 San Marcos, commented that the cost per head is $1,000. He stated that property values will benefit from improving the roads. Council Member Scalise thanked the staff and public for their efforts and participation. Randy Kenny, suggested that all utilities be installed prior to final paving. Mayor Johnson closed the Public Comment period. Mayor Johnson thanked everyone for their participation. He commented that Atascadero is not a unique or unusual case. Council Member Clay stated that he agreed with what Council Member Scalise said. X. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:30 p.m. to the next scheduled regular meeting on Tuesday, December 14, 1999. CC-Roads Study Session 11/30/99 Page 7 Approved as submitted DATE: 12/14/99 MEETING RECORDED AND PREPARED BY: KKAlicAa c(hmt /x) ti Marcia McClure Torgerson, City Cl k Melanie Whaley, Deputy City Clerk CC-Roads Study Session 11/30/99 Page 8