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HomeMy WebLinkAboutMinutes 042391 MEETi DA7E� DA$� ATASCADERO CITY COUNCIL MINUTES April 23, 1991 The meeting was called to order by Mayor Lilley at 7:00 p.m. , followed by the Pledge of Allegiance. Roll Call: Present: Councilmembers Borgeson, Dexter, Nimmo, Shiers and Mayor Lilley Staff: Henry Engen, Community Development Director; Greg Luke, Public Works Director; Mark Joseph, Admin- istrative Services Director; Acting Chief Mike McCain, Fire Department; Art Montandon, City Attor- ney; Cindy Wilkins, Deputy City Clerk. COUNCIL COMMENTS: At Councilmember Borgeson's request, Item E-1(A) was addressed. She reported that a businesswoman had approached her advising that what is believed to have been the personal desk of E.G. Lewis is for sale at a north County antique shop, and she asked if the Council has a desire to pursue the City' s purchase of this item. She added that Eleanor Duncan has offered a $100 cash donation should the Council decide to pursue such purchase through donations or other fundraising activity. Following discussion, Council con- sensus was to request the City Attorney (who has some personal expertise on the subject of antiques, and who indicated he would not charge for this service) to look at the desk and negotiate a possible purchase price for future Council consideration. It was also the Council's consensus that the purchase should be perhaps by a combination of public and private funds. Motion: By Councilmember Dexter, seconded by Councilman Shiers, that Council authorize Councilmember Bor- geson and Mr. Montandon to proceed with further review and investigation; motion passed unanimously by voice vote. - Presentation by Girl Scouts of Atascadero, Santa Margarita a Templeton (Colony Service Unit) - Debra Floyd This item was postponed. Proclamation: "Victims of Pornography Week", May 5-11, 1991 (American Family Association, Atascadero Chapter/Bay Area Citizens Against Pornography) Mayor Lilley read the afore-mentioned proclamation. There was no one present to receive it. COMMUNITY FORUM: Eric Greening, 7365 Valle, read a prepared statement conveying sug- gestions for an adopt-a-tree program (see Exhibit A, attached) . A. COMMITTEE REPORTS (The following represents ad hoc or standing committees. Informative status reports will be given, as felt necessary.) : Mayor Lilley noted that the committee reports have been moved from the end of the agenda to the beginning for the benefit of the pub- lic. 1. S.L.O. Area Coordinating Council/North Coastal Transit: Councilwoman Borgeson reported this committee met on April 3rd. The Unmet Needs Plan was adopted, and a survey for household hazardous waste was authorized. Alternatives for current funding formulas was the most significant item on the agenda; it was given to SLOACC staff for report and recommendations to be reviewed at the committee's meeting in January. 2. Solid/Hazardous Waste Management Committee - No report 3. Recycling Committee: Councilman Shiers reported the edu- cation subcommittee of the Recycling Committee met and continued to discuss ways of assuring that the public remains informed about area recycling and of any future plans. The committee meets again this Thursday to dis- cuss the budget for the coming year. 4. Economic Opportunity Commission - No report 5. City/School Committee: Meets Thursday, 4/25/91. 6. Traffic Committee: Mr. Luke reported this committee did not meet this month, noting there are Traffic Committee items on this agenda from its March meeting. 7. Downtown Interim Sign Committee: Mayor Lilley expressed the hope that he will be in a position with members of that committee to make a presentation to the Council for consideration at its May 14th meeting regarding a propo- sal of the subcommittee. cc4/23/91 Page 2 8. County Water Advisory Board: Councilwoman Borgeson re- ported that Steve Kashiwata made a presentation of the State Water Project, Coastal Branch, and that the Mon- terey County EIR for salt water intrusion was moved back to the end of April. A meeting was set up with County representatives to look into a mobile lab to measure the efficiency of irrigation methods on ag land; the Board of Supvrs. would need to weigh the idea against other budget considerations. There will be a presentation by Chuck Pritchard at the CWAB' s next meeting on the subject of State Water from the Cattlemen's Association viewpoint. 9. Economic Round Table: Mayor Lilley reported that, at this committee's last meeting, a presentation was given by Mike Multari, Crawford, Multari & Starr, pertaining to that firm's Economic Development Study of Atascadero, and Henry Engen provided an overview of the history of the economic aspects of the General Plan. The Round Table is planning a Saturday retreat to focus on setting forth tasks that are consistent with Council' s directives. He noted the meeting attendance by the members of the Round Table has been outstanding, and the information coming out of their meetings is exciting. He publicly thanked Dave Vega, PG&E, for his efforts in getting the downtown street light painting accomplished, at PG&E's expense. Also thanked were members Mike Kirkwood, Stan Cherry and John Cotsenmoyer, who have been working on a proposal for the banks they represent to assist in funding proposed additional improvements for the merchants in the downtown area. Councilwoman Borgeson expressed concern regarding the potential expense of retaining a consultant to facilitate the proposed retreat. Mayor Lilley responded that if a City appropriation were needed, a formal request would be brought before Council. He noted that PG&E is assisting in this area, so City funds may not be necessary. 10. B.I.A. - Mayor Lilley noted that BIA members--specifi- cally John Himes and members of Paper Works staff--have been working diligently with him on the efforts of the Downtown Interim Sign Committee, and he thanked them. 11. Colony Roads Committee: Mayor Lilley reported this com- mittee recently met and received a presentation from Mary Gayle of Burke, Williams & Sorensen, who specializes in these kinds of issues and is also a historian. The com- mittee suggested that she prepare a public report of her analysis of the roads situation; May 14th is the target cc4/23/91 Page 3 date. The public was encouraged to be present for the presentation. B. CONSENT CALENDAR: I. MARCH 26, 1991 CITY COUNCIL MINUTES 2. APRIL 5, 1991 CITY COUNCIL MINUTES (Special Meeting) 3. CITY TREASURER'S REPORT - MARCH, 1991 4. FINANCE DIRECTOR'S REPORT - MARCH, 1991 5. RESOLUTION NO. 34-91 - MODIFYING PARKING REGULATIONS ON EL CAMINO REAL IN THE VICINITY OF THE CHAPEL OF THE ROSES AND COLONY PARK 6. RESOLUTION NO. 35-91 - DESIGNATING A 20-MINUTE PARKING ZONE ON SAN ANSELMO ALONG A PORTION OF THE FRONTAGE OF THE TRUE SPIRIT MISSIONARY BAPTIST CHURCH 7. RESOLUTION NO. 32-91 - ACCEPTING MONTURA LANE INTO THE CITY MAINTAINED ROAD SYSTEM 8. ZONING REPORT - STAFF REPORT RE: REQUIRING CONDITIONAL USE PERMITS FOR SELECTED UTILITY TRANSMISSION FACILITIES 9. RESOLUTION NO. 30-91 - DECLARING WEEDS A PUBLIC NUISANCE AND AUTHORIZING COMMENCEMENT OF ABATEMENT PROCEEDINGS 10. ACCEPTANCE OF FINAL PARCEL MAP 22-89, 7900/8000 SANTA CRUZ ROAD - Division of 10.27 acres into three lots of 3.39 acres each (Long/Knowles - Volbrecht Surveys) 11. STATUS OF SAFE ROUTE TO SCHOOL FUND Re: Item A-1, Councilman Dexter requested a correction as to the time of adjournment of the 3/26 meeting. Councilwoman Borgeson requested Items A-5, 7, 10 & 11 be pulled for discussion. Richard Smith, a member of the public, requested Item A-8 be pulled for discussion. Motion: By Councilwoman Borgeson, seconded by Councilman Shiers to approve Items 1 (with noted correction to time of adjournment) , 2, 3, 4, 6 and 9 of the Consent Calendar; motion passed unanimously by voice vote. Re: Item A-5, Councilwoman Borgeson expressed the desire to see the 20-min. parking limit expanded further north on E1 Camino Real along the frontage of the Golden West Development Center. Mr. Engen suggested that Council take action on the item as presented and that possible extension of the 20-min. parking zone be placed on the Traf fic Committee's next meeting agenda for study and recom- mendation. cc4/23/91 Page 4 Motion: By Councilman Dexter, seconded by Councilwoman Borgeson to approve Item 5 [Resolution No. 34-91] ; motion passed unanimously by voice vote. Re: Item A-7, Councilwoman Borgeson asked Mr. Luke how proposed Council action on this item was initiated. Mr. Luke summarized the construction history of Montura Ln. and indicated that a property owner desires to take access off of Montura, which is a quieter and safer access than Coromar. Because the offer of dedication was rejected at the time of map recordation, the proposed access is in private easement status. Mr. Luke noted his decision to place the item on the Council's agenda was guided by his understanding that the Council desires to eventually bring as many of the private roads as possible into the City-maintained system. Councilwoman Borgeson asked if the other property owners on Montura Ln. , in its current private status, could grant their permission to allow a driveway curb cut on that street. Mr. Luke responded that underly- ing ownership(s) would need to be determined, but that would be an option available to the requesting party. Councilwoman Borgeson questioned staff' s support of this particular request, noting that there are about 50 miles of private roadway in the City. Council- man Nimmo expressed concern for consistency in the Council' s policy regarding the subject development. Mayor Lilley recalled that the Council consensus during study of the emerging roadway policy was to examine the possible acceptance of private cul-de-sacs case-by- case, based on public need, whether they would be more appropriate- ly leftinprivate status or accepted into the City system. Further Council and staff discussion ensued regarding policy deci- sions as they relate to roadway acceptance. Council consensus was to continue this item, and the City Attorney was directed to research the creation of this cul-de-sac and pro- vide a status report of the existing beneficial holders to the access easements. Councilwoman Borgeson asked that staff investi- gate engineered drawings and specifications for Montura Ln. to verify that it meets City road standards. Re: Item A-8, Richard Smith, 13505 Santa Ana, spoke in opposition to the recent installation of an unsightly GTE Mobilnet utility building near his property and expressed that City ordinances with respect to permits required of this utility company appear to be "wholly inadequate". It is his understanding that three other similar buildings are proposed. Mr. Smith added that he hopes the City' s policy on the permitting of such structures comes in line with that of Santa Barbara, and he urged that the Council look into the matter. cc4/23/91 Page 5 5 Gail Davis, 13605 Santa Ana, expressed opposition to the location of the GTE tower, indicating it is within 5 feet of her property line. Although she realizes the construction was legal, she feels she was misled by GTE representatives as to the size and location of the tower and feels "morally raped" . Staff and Council discussion ensued. Mr. Engen conveyed that the City's current ordinance language with regard to utilities was derived from the County Zoning Ordinance in 1983, and it is bas- ically all-inclusive. Staff' s report recommends that the Zoning Ordinance be amended to specify that future proposals for such utility buildings, particularly in residential areas, go through a special process sensitive to the neighborhood. Council consensus was to direct Mr. Engen to provide a status re- port on any similar impending structures and draft a proposed urgency ordinance to halt this kind of construction pending adop- tion of the General Plan Update. It was further directed by Council that these items be fast-tracked. Andrea Schulte, 7129 San Gregorio, questioned the common-sense aspect, feeling that the GTE Mobilnet permit application review should have raised questions at the staff level due to the proposed residential location. Notion: By Councilwoman Borgeson, seconded by Councilman Shiers, to direct that staff bring back an urgency ordinance along with a report of findings as dis- cussed; motion passed unanimously by voice vote. Mr. Smith noted that he will submit photographs of the subject tow er for Council review. He added that he has discussed the issue with GTE Mobilnet representatives, and they seem to be responsive to the property owners' concerns and willing to help beautify the tower. Re: Item A-10, Councilwoman Borgeson indicated she pulled this item to express her "no" vote. Motion: By Councilman Nimmo, seconded by Councilman Dexter to approve Item A-10; motion passed by 4: 1 roll- call vote, with Councilwoman Borgeson opposed. Re: Item A-11, Councilwoman Borgeson asked if staff knows when the safe routes to school will be implemented, which schools are affec- ted and what triggers it. Mr. Engen responded that it was proposed to be incorporated in the Circulation Element. He noted that the City/Schools Committee is keenly interested in this topic, and this cc4/23/91 Page b 6 item is on that committee's meeting agenda for Thursday, 4/25. Councilmember Borgeson expressed the importance of ongoing discus- sion with the School District regarding its participation, noting a new school is proposed on Del Rio Road and that it would be ap- propriate for the School District to contribute to the installation of routes to school. There was no action taken. C. HEARINGS/APPEARANCES: 1. WATER SUPPLY STUDY - PRESENTATION BY DON ASQUITH, THE MORRO GROUP Mayor Lilley noted this is an information item tonight and is for the benefit of both the public and the City Council. Mr. Asquith provided an in-depth review of the results of the water supply study recently conducted by The Morro Group. He noted a correction needs to be made to Page 6 of the report: The fault referenced should read the "Rinconada" Fault (not the Nacimiento Fault) . Re- lated discussion ensued, and Mr. Asquith responded to questions by Council and the public. Public Comment Robin Fimmester, 7109 San Gregorio, expressed concern about water rationing mandates and questioned the sanity of the members of the community to allow the water company to dictate its use. He feels the mandate to ration is "suspect", in view of the positive results of the water study. Richard Mullen, 4200 Portola, asked Mr. Asquith, ( 1) if it would benefit the water company to deepen their present wells, and (2) if there is a current need to have a severe conservation plan in ef- fect in Atascadero. Mr. Asquith responded deepening the wells would probably not help much, except perhaps from a mechanical standpoint during the decline in overall water levels. He added that there are numerous solutions to the problem of acquiring the available water and that he has suggested (in the report] what he considers the best solution as a geologist. He declined to respond to the second question. Eric Greening, 7365 Valle, observed that the answer to the question of whether we have enough water to reach build-out, according to the current General Plan, seems to hinge more on legally defining who " "we" are rather than on geology. He asked Mr. Asquith where the water in our deep aquifer comes from and at what rate; Mr. Asquith responded that the recharge of the deep aquifer is from the Salinas River, which he further explained. cc4/23/91 Page 7 7 Andrea Schulte asked what the Council's next action will be, now that the study is complete. Mayor Lilley reminded those in atten- dance that this is not an action item tonight. He reiterated that the $10,000 study performed by Mr. Asquith was to respond to the community' s and Council's concern about whether water is available, having the need to determine that, apparently, independently, with- out a great deal of assistance from the water company. John McNeil expressed that he has some misgivings about the report, what he termed as "cautious" statements throughout it and the lack of a statement of The Morro Group' s qualifications to perform such a study. Mr. Asquith summarized his professional background. (See Exhibit "C", attached) Bob Lilley, a Navarette St. resident (of no relation to Mayor Lil- ley) , based on the report's findings and information obtained from the SLO County Engineering Dept. , expressed he finds no rational basis for severe water rationing at this point in time. He asked how available the deep ground water basin is, to which Mr. Asquith responded. Nancy Rice, 4245 Arena, asked, ( 1) since most of the City's sub- basin is beneath County land, what impact will use by agriculture and future development have on this sub-basin, and do farmers have unrestricted use of this water? Mr. Asquith responded that, al- though the current agricultural users on the County land referenced have prior rights, he noted the need to bear in mind that "we're talking about very deep wells, very expensive wells and some power- ful pumping" . He noted that agriculture can survive and compete only where there is cheap water, which in this case would mean the water from the deep aquifer. As for future development, he offered only a speculative response, noting that is County property and development would involve services; (2) Would it not be wiser to locate the new reliable water sources before proceeding with the build-out? Mr. Asquith responded in the affirmative. Resident Dorothy McNeil expressed she was confused by some state- ments in the water report which were based on the 1979 study. She asked on what basis Mr. Asquith' s report states the basin is "es- sentially the same" (Page 6) , since there has been a lot of water use since that time, and she asked if the drought has affected it. Mr. Asquith responded that the continuance of water levels staying essentially the same in the area north of the river is based on the data in the river (the deep well field) where it has been heavily pumped; that water comes back up each year, except when there was no live flow in the river. He expressed there are no water levels out there, unless the landowners took them; the County istheonly organization taking water levels that will tell you anything, and they only have river wells data, which was utilized by Mr. Asquith cc4/23/91 Page 8 8 for his report. Mrs. McNeil requested and received clarification on other points. Mr. Asquith made note of the fact that private well data is, by law, confidential information. Mrs. McNeil ex- pressed that it would seem prudent for the water company and the City to be sure that needed water is available and accessible before proceeding with buildout. (See Exhibit"B", attached) Dick Chafin, 8250 San Dimas, asked if drilling more wells would relieve the short-term problem. Mr. Asquith responded he did not explore possible short-term solutions, focusing his study on the long-term. Mr. Chafin indicated he' s weighing the facts in his mind to see if he voluntarily supports the water company' s ration- ing mandate or not He wonders if the water company is reluctant to spend the money to drill more wells, or if the water is truly inaccessible for legal reasons. Mr. Luke reminded the public that The Morro Group was retained to study the long-term water supply reliability; they were not asked to suggest short-term solutions nor analyze how the water company has functioned or should func- tion. George Luna, 10600 San Marcos, speaking as a private citizen, re- cited "Churchill's Theorem" from Management Science, which he feels is relevent in light of the age of some of the data Mr. Asquith used in the water study. The discussion then came back to Council. Noting the misfortune of the City to have to take independent action by expending the funds for the water study in order to assure its availability, Mayor Lilley expressed that what relationship matures, if any, between the City and the water company, as far as the mechanics of plan- ning, storage, delivery and cooperation, depends on the attitudes of both entities. He encouraged the property owners, as the share- holders of the water company, to communicate what they think that relationship should be to both entities. Mr. Luke noted the interaction between staff and the water company is presently good. There was no Council action taken. COUNCIL RECESSED FOR A BREAK FROM 9:45 TO 10:00 P.M. D. REGULAR BUSINESS: 1. HOUSEHOLD HAZARDOUS WASTE FUNDING Steve Devencenzi, the SLOACC Coordinator of the Solid Waste Pro- gram, reviewed the information provided in the agenda packet. He indicated that the correspondence essentially seeks authorization cc4/23/91 Page 9 9 to allow grant funds that have come back to the County to remain in a common pot, which will be shared by all the cities in the County for financing future household hazardous waste-related activities. He offered to respond to questions from Council. He noted last year's one-day collection event proved to be extremely expensive, and SLOACC is trying to structure a mobile collection system for such future activities. There was no public comment. Motion: By Councilman Nimmo, seconded by Councilwoman Bor- geson, to agree to leave the City' s pro-rata share in a pool for the future planning purposes of the Area Coordinating Council; motion passed unanimous- ly by roll-call vote. 2. CONSIDERATION OF REQUEST BY MIKE MESSER FOR DIRECTION RE: MEANS FOR PROVIDING SEWER SERVICE TO LAKEVIEW DRIVE PROPERTY Mr. Engen gave a verbal report indicating that Mr. Messer has a precise plan pending on the subject property, which is located in a Cease & Desist area. The applicant, Mike Messer, reiterated the facts as stated in his April 3rd correspondence, which is included in the agenda packet. Council then asked questions of staff, discussing the request at length. Mr. Luke clarified that staff gave no recommendation as this is an unusual request, because the property is located in a moratorium area. To grant Mr. Messer's request would leave the City in the situation of not -being able to serve other lots in that area and raises a number of questions as to whether the Council wishes to explore this subject further. Mr. Luke reviewed a map of the area, indicating which lots are and are not sewered, and which lots are City-owned. Discussion ensued on the subject of possible sewering of the remaining area and its implications relative to the value of City-owned lots and the issue of whether to dispose of some of them. Mr. Messer stated that he feels there will eventually be an assess- ment district, because this is a Cease & Desist area and there will be failing septic systems. He noted that he is prepared to parti- cipate in a future sewer assessment district. Motion: By Councilman Nimmo, seconded by Councilman Dexter, to allow Mr. Messer to put in a small diameter line with the understanding and necessary documentation for his participation in a sewer assessment dis- cc4/23/91 Page 10 10 trict when and if it is established; motion passed by 3:2 roll-call, with Councilmembers Borgeson and Shiers opposed. 3. RESOLUTION NO. 33-91 - AMENDING RESOLUTION NO. 125-90 TO IN- ELUDE FEES FOR, (1) FORESTRY AND WOODLOT MANAGEMENT PLANS, AND (2) ANNUAL PRUNING, TRENCHING AND ENCROACHMENT PERMITS FOR PRIVATE AND PUBLIC UTILITIES Mr. Engen gave staff report and responded to questions from the Council. He noted the annual utility pruning permit fee is a guesstimate at $100 per year and is hoped to both recover costs and encourage public cooperation. Staff will monitor the permit acti- vities and propose fee adjustments accordingly. Motion: By Councilman Dexter, seconded by Councilman Nimmo to continue the meeting past 11:00; motion passed unanimously. Public Comment Fred Frank, 3615 Ardilla Rd. , concurs that the fees should offset costs and should not be so high as to discourage compliance and cooperation; he believes the proposed $50 per acre Woodlot Manage- ment Fee is not fair and would discourage participation. He made note of the requirement in the Forestry and Woodlot Management Plan for the services of a Registered Professional Forester, which will ensure compliance with the Tree Ordinance and shift the City' s management and administrative costs to the applicant. He suggested a fee schedule which he believes is more realistic, would tend to subsidize the small landowner and perhaps be a bit high for large landowners. Jim Dulitz, 1300 Garcia Rd. , spoke in support of reducing the fees from those proposed, feeling they're rather high. Discussion then came back to Council and focused on the need to set fees which will encourage participation. Motion: By Councilwoman Borgeson, seconded by Councilman Shiers, to adopt Resolution Wo. 33-91, subject to staff monitoring and annual adjustment, as neces- sary, with the Woodlot Management Plan modified to: $250fup to 10 acres; $400/10-40 acres; $600/40+ acres. Motion passed unanimously on voice vote. With regard to the proposed annual pruning, trenching and encroach- ment permit fee of $100, Councilwoman Borgeson asked that the cc4/23/91 Page 11 11 record reflect her feeling that it is much too low a figure for utilities, noting PG&E and So. California Gas. Staff was asked, while monitoring the fees, to note what type of complaints are received, as well as how much trenching has occurred so as to better determine actual staff costs. 4. ORDINANCE NO. 221 - AMENDING MAP 23 OF THE OFFICIAL ZONING MAPS BY REZONING THAT CERTAIN REAL PROPERTY DESCRIBED AS LOTS 18-25 AND "PARK RESERVATION All OF BLOCK 72, ATASCADERO COLONY FROM COMMERCIAL TOURIST/FLOOD HAZARD OVERLAY (CT/FH) TO SPECIAL RECREATION/FLOOD HAZARD OVERLAY/PLANNED DEVELOPMENT OVERLAY (LS(FH) (PD8)) (Eagle Creek Associates/Boud & Associ- ates) (Recommend motion to waive reading in full and approve on second reading by title only. ) (Cont'd from 4/9/91) Mr. Engen reviewed staff report and offered to respond to ques- tions. There was no public comment. Motion: By Councilman Dexter, seconded by Councilman Nimmo, to adopt Ordinance No. 221 on second reading by title only; passed unanimously by roll-call. Councilman Shiers requested note (prior to the vote) that water is of concern; however, he supports this project, because he believes there are uses on the current zoning which would put a greater demand on water than this project would. 5. ORDINANCE NO. 220 - ADDING FORESTRY AND WOODLOT MANAGEMENT PROVISIONS TO THE CITY'S TREE ORDINANCE (Ord. #214) (Recommend motion to waive reading in full and approve on second reading by title only. ) (Cont'd from 4/9/91) Mayor Lilley introduced the item. There was no public comment. Motion: By Councilman Dexter, seconded by Councilman Nimmo, to adopt Ordinance No. 220 on second reading by title only; passed unanimously by roll-call. 6. WATER COMPANY AGREEMENTS (Cont'd from 3/26/91) A. TO DRILL ON CITY'S SYCAMORE ROAD LOT B. TO DISTRIBUTE CITY'S RECLAIMED WATER Mr. Luke gave the staff report, noting this item was continued from the March 26th meeting to allow for discussion by the full Council. cc4/23/91 Page 12 12 Councilwoman Borgeson expressed a desire that the Council consider a land swap with the water company, exchanging the water company's Creek Reservation 1-A lot (noted in the AMWC Master Plan as poten- tial surplus property) for the City' s Sycamore Rd. lot. Superintendent Bob Hamilton, Atas. Mutual Water Co. , expressed he believes the water company board would be willing to discuss the potential of some kind of a swap, following their proposed test drill on the Sycamore Rd. lot, if it proves to be of a productive nature. There was no public comment. Motion: By Councilman Nimmo, seconded by Councilman Dexter, to authorize the City Manager to execute an agree- ment with Atascadero Mutual Water Co. to permit the Company to drill a test well on the City's Sycamore Road lot with the assurance that the lot will be restored to the same or better condition should the well be unsuccessful; motion passed by 4: 1 voice vote, with Councilwoman Borgeson opposed. By consensus, Council approved staff recommendation number two, directing staff to prepare a draft agreement with Atascadero Mutual Water Co. to distribute reclaimed water, said agreement to be brought back to Council for final consideration. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Manager - Mr. Engen noted the City Manager has asked that Council adjourn to 6:00 p.m. at the May 14th meeting. Motion: By Councilman Dexter, seconded by Councilman Nimmo, to adjourn to closed session; motion passed unani- mously. MEETING ADJOURNED AT 11:27 P.M. TO A CLOSED SESSION FOR PURPOSES OF DISCUSSION REGARDING MATTERS INVOLVING POTENTIAL LITIGATION. THE CLOSED SESSION ADJOURNED AT 11:55 P.M. TO 6:00 P.M. ON MAY 14, 1991 PRIOR TO THE NEXT REGULAR MEETING. Minutes prepared by: CINDY WILKINS Admin. Secy./Dep. City Clerk cc4/23/91 Page 13 13 J City Council Minutes /Z 4/23/91, Exhibit B µ MORRO GROUP WATER STUDY Comments from Dorothy McNeil to Atascadero City Council 4/23/91 I found myself drawing a sigh of relief when I read the con- clusions of the Morro Group report to the city of Atascadero concerning our water supply for the future. There are some questions which remain in my mind. I was a bit confused by some statements. On page 6 we are told "The area of the basin near Atascadero and north to Templeton was, at that time , in the category of having a lone-term increase in ground water storage. " This statement reflects the 1979 study made eleven years ago. What do we know today of this sub-basin? Tremendous increase of use has occurred since that study. Has the drought affected it? On page 6 we are told that groundwater levels in the vicinity of the AMWC well field are substantially to totally independent of changes in water levels in the main Paso basin. Yet a news account says "This sub-basin is not in overdraft, nor would additional extraction from it contribute significantly to any overdraft in the main basin." If the sub-basin and the main basin are separated by a fault, and if the main basin is in overdraft and the sub-basin is not, how can additional extractions from the sub-basin affect the main basin at all--either significantly or insignificantly? It is my understanding that well #11, not included in the study, R is on land not owned by the AMWC. Does the water company own an `1 al%which is actually over the sub-basin? If not, how can there L ° be no physical problem in gaining access to the basin to extract the needed 2,500 to 4,000 acre feet needed for buildout? Clint Milneaddressed the Homeowners over a year ago and expressed his belief that AMWC may find itself in court more than once over the basin water. With these problems in mind, and the additional problem of finding only dry wells, it does seem prudence would dictate that the company and the city make sure the needed water is therevbefore . proceeding with buildout. My family has stored. drinking water in case of an emergency. If the emergency oceurs�: , we would carefully ration what we have unless new sources became available soon. We would not invite prosec e residents to shareaur meager, life-saving supply. City Council Minutes 4/23/91 Exhibit C MORRO GROUP ',DATER STUDY omments from John McNeil o City Council of Atascadero 4/23/91 The Morro Group Water Study appears to be a competent analysis of our water problem in Atascadero-. However, I have some mis- givings about the report. First , I find no statement in the report as to the qualifications of the Morro Group as to their education and track record in this specialized field. . Secondly, cautious statements are made throughout the report such as "probable" used numerous times, "more Likely, " "substantially to totally independent ," referring to the water basins, and "estimates are approximate, "used several times. As a professional man, I can understand this cautious language. Weasel words are a good part of an attorney's vocabulary. But this is a report from engineers from whom I expect precision. All of the probabilities and qualifications in the report should not support the conclusion of a "reliable-"-I repeat, 'reliable-- source of water for buildout without water from any other sources. The Morro Group w cautious in developing their supporting data, but they threw caution to the winds in arriving at their con- clusion that we have a reliable source of eater for buildout. I urge you, the City Council, to be cautious in accepting this report , both as to its supporting data and as to its conclusions. J6hn W. McNeil City Council Minutes 4/23/91 Exhibit A Testimony given to the Atascadero City Council During Community Forum on April 23rd, 1991 by Eric Greening Often, good ideas get forgotten because there is nobody to bring them to fruition. One good idea that I hope does not get forgotten is our treasurer's suggestion for an adopt-a•tree list: you dig,you haul,you plant; no extra charge. Citizens with healthy volunteering seedlings and no space for them to grow,and citizens with space who want trees,could all benefit,and the city as a whole could benefit from reforestation with trees genetically adapted to our area. At your previous meeting,I welcomed this suggestion,but pointed out that our city itself spreads over a diversity of life zones,and expressed concern that his should be taken into account. In thinking about the matter since, I have come up with a way to address this concern without creating a complicated set of rules or making a significant demand on staff time: instead of giving the tree to the first applicant,why not past each item on ythe list for two weeks,and then any time more than one family applies for a given tree,give the tree to the applicant who lives closest. While this keeps the beautiful simplicity of the original conception,I must say that I still wish we had an arborist whose priasibil ty would include this and many other aspects of maintaining the integrity of our urban forest. Our lack of an arborist can have another drawback: while perusing Arbor Day literature, I discovered that being a "Tree City U.S.A." is not just an expression of vague sentiment; it is an honor that must be earned,just like our zoo's accreditation. And our vacant arborist's position represents a fall from compliance with the standards. I don't know how the folks in Nebraska check up on these things,but suspect that our status may in jeopardy. I'm proud of lkivng in a "Tree City U.S.A.,but only if it means something. It's nice to have a treasurer who generates good ideas, but managing our city's funds is a full-time job: caring for our unique natural heritage should be as well. 1