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HomeMy WebLinkAboutMinutes 032393 Approved as Submitted 4/27/93 ATASCADERO CITY COUNCIL MARCH 23, 1993 MINUTES The Mayor called the meeting to order at 7:00 p.m. Councilperson Luna led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley, Borgeson, Kudlac, Luna Absent: Mayor Nimmo Also Present: Muriel "Micki" Korba, City Treasurer; Cindy Wilkins, Deputy City Clerk Staff Present: Ray Windsor, City Manager; Andy Takata, Assistant City Manager/Director of Community Services; Henry Engen, Community Development Director; Art Montandon, City Attorney; Mark Joseph, Administrative Services Director; Lt. Bill Watton, Police Department; Mark Markwort, Chief of Wastewater Operations COUNCIL COMMENTS: Councilmembers Borgeson, Kudlac and Luna conveyed their receipt of a call from a concerned citizen about the need for improved Dial-A-Ride service in the evenings and to Twin Cities Hospital. Councilmember Luna requested that staff provide an account- ing of funds, such as TDA funds, that are earmarked for Dial-A-Ride and local transportation projects. PROCLAMATIONS: Mayor Pro Tem Kudlac issued a proclamation for "Month of the Child", April, 1993, which was accepted by Geoff English of the City's Community Services Department on behalf of Biz Steinberg, Chairperson, Community Partners in Childcare. Mayor Pro Tem Kudlac announced that the scheduled proclamation for "Americans with Disabilities Month", April, 1993, would be deferred to a future meeting. COMMUNITY FORUM: Karen Oakes, 6705 Llano Rd., read a prepared statement, dated 3/23/93, conveying concerns about the City's permit review procedures and monitoring of construction projects within its jurisdiction (Exhibit A, attached). Henry Engen provided a brief verbal response to the specific projects cited by Ms. Oakes. Council majority consensus was to direct that staff provide a full report at the next regular meeting for discussion and policy decision regarding grading on slopes of over 10%. John Befumo, 7420 Atascadero Ave., expressed concern about flooding problems on Atascadero Ave. near Morro Road. He conveyed that he has located a large culvert behind the homes on Tecorida, which he indicated the former Public Works Director was not aware of as it is covered with immense bushes. He requested the instal- lation of additional culvert under Atascadero Avenue in the 7400-7500 area of the block in order to direct the water to the culvert on Tecorida. Eric Greening, 7365 Valle, understands there are approx. $100,000 in drainage improvements backlogged for lack of money and encouraged that, if possible, they be put forward in the Clinton Economic Stimulus Plan, urging residents to document their drainage problems. Marcia Torgerson, 6200 Llano Rd., expressed concerns similar to those of Karen Oakes via a prepared statement, dated 3/23/93 (Exhibit B, attached). Mr. Engen responded that a letter, dated 2/3/93, was forwarded to Tom & Marcia Torgerson relative to the development review process and that their concerns will be addressed as part of the report in response to Ms. Oakes's comments. Mayor Pro Tem Kudlac announced that Item D-2 on the agenda has been withdrawn. Mr. Engen added that there is some difficulty advancing the grant application through at the County level, and it is hoped that this item will be brought back at a future date. A. COMMITTEE REPORTS - The following ad hoc or standing committee reports were given: Solid/Hazardous Waste Task Force - Henry Engen reported there was no meeting this month and the next is scheduled for April 1 st. City/School Committee - Ray Windsor reported the committee next meets on April 15th. CC03/23/93 Page 2 Traffic Committee - Councilman Luna reported the committee met last Wednesday. One item involved a recommendation from the Parks & Recreation Commission to designate four parking spaces at the Pavilion to 30-minute parking only; the Traffic Committee recommended designating one of the spaces for a loading/unloading zone. A second item was the suggestion by the Community Development Director for some input on a four-way stop at the Atascadero State Hospital. Since the Council is expecting a report back from staff in the near future relative to that intersection, it was felt that it was premature for the Traffic Committee to make a recommendation on that issue. County Water Advisory Board - Councilwoman Borgeson reported that the board met on 3/3/93 and discussed the State Water Project, reviewing the eleven new project contractors. The Advisory Board's recommendations were forwarded to the Board of Supervisors through their President, Mr. Van Lauren. Economic Round Table - Henry Engen conveyed that the ERT is finalizing its report, scheduled to be presented to the Council at the April 13th meeting. Liability Claims Review & Finance Committee - Councilman Luna reported that the committee met last Wednesday to discuss Tax Revenue and Anticipation Notes, Item B-6 on tonight's agenda. B. CONSENT CALENDAR: 1. FINANCE DIRECTOR'S REPORT - January, 1993 (Cont'd from 3/9/93) 2. FINANCE DIRECTOR'S REPORT - February, 1993 3. CITY TREASURER'S REPORT - February, 1993 4. TENTATIVE TRACT MAP 2-90, 11145-11205 EL CAMINO REAL - Considera- tion of time extension request (Montanaro/North Coast Engineering) 5. TENTATIVE PARCEL MAP 27-90, LOT 3, PINE MOUNTAIN PARK - Considera- tion of time extension request (Noakes/RRM Design) 6. INITIATE TAX AND REVENUE ANTICIPATION NOTE (TRAN) FINANCING FOR FY1993-94 (Regional pool) 7. RESOLUTION NO. 15-93 - Supporting League of California Cities Channel Counties Division 1993 Legislative Action Program 8. REQUEST TO SUPPORT THE POSITION OF THE COALITION FOR COOPERA- TIVE GOVERNMENT 9. RESOLUTION NO. 18-93 - Authorizing the execution of a certificate of local approval of application for 1993 Federal Emergency Grant funds CC03/23/93 Page 3 Item B-2 was pulled for discussion by Councilman Luna, Items B-4, 5 and 7 were pulled by Councilwoman Borgeson, and Item B-6 was pulled by Micki Korba. MOTION: By Councilwoman Borgeson for approval of Items B-1, 3, 8 and 9, seconded by Councilman Luna; motion carried unanimously. Discussion on Item B-2: Councilman Luna inquired about the deficit shown in the Parks Impact Fee. Mark Joseph explained that amount is a reflection of the City's investment in the Pavilion Fund. The Parks Impact Fee Fund will slowly recoup its costs as developer impact fees are collected over the years. He noted a similar explanation can be given regarding the Police Impact Fee Fund, which made an initial investment in the police facility. Councilman Luna also commented on the amount in the Wastewater Fund, the majority of which reflects fixed assets, and feels the report would be more informative if the figures did not include fixed assets. Mark replied that the requested amendments will be reflected in the March report. MOTION: By Councilman Luna to approve Item B-2, seconded by Councilman Bewley; motion carried unanimously. Discussion on Items B-4 and 5: Councilwoman Borgeson expressed no opposition to approving the two subject time extension requests, however inquired if there is a master calendar which the Community Development Dept. uses to forecast its receipt of permit fees. Henry Engen responded that the Map Act provides for a five-year timeframe within which applicants may request time extensions. He clarified that the main costs involved in final maps are engineering-related,and the larger planning costs are involved early in the tentative map process. MOTION: By Councilwoman Borgeson to approve Item B-4, seconded by Councilman Luna; motion carried unanimously. MOTION: By Councilwoman Borgeson to approve Item B-5, seconded by Councilman Luna; motion carried unanimously. Discussion on Item B-6: Micki Korba conveyed it was her understanding at the last Finance Committee meeting that a proposed concept would be brought before the Council so the City would not be locked into a particular program in order to fully explore all options. Councilman Luna concurred, noting that the deadline for submitting application for the League's program is March 31 st, although the timetable under"Requirements of Participation" (agenda p. 000046) shows that the Council has until June to make its final decision. Councilwoman Borgeson voiced concern that the make-up of the Finance Committee leaves three Councilmembers out of the informa- tion loop until issues such as this come up at a meeting. She would like more CC03/23/93 Page 4 explanation on the committee's decisions and how they are arrived at, feeling the full Council should be involved in all financial transaction decisions;the City Manager was directed to communicate such information to the full Council. MOTION: By Councilman Luna to direct staff to submit the application to participate in the League's TRAN program but by no means commit the City to the eventual participation in that program in order to consider all options, seconded by Councilman Bewley; motion carried unanimously. Discussion on Item B-7: Councilwoman Borgeson, referencing the "Summary of State Budget Grabs" (agenda p. 000056), expressed opposition to the proposed limitation of the deductibility of mortgage interest. Mr. Windsor clarified that the proposed resolution is general in nature and does not commit the Council or the Channel Counties Division to this program. He asked that the Council ignore that page in the report, as it was provided for information only and is misleading, noting that staff will note the Council's concerns about individual elements of the program and will report back the consensus of the League, the Channel Counties Division and the County, when known. MOTION: By Councilwoman Borgeson to approve item B-7, seconded by Councilman Luna; motion carried unanimously. �z C. PUBLIC HEARINGS: 1. PROTEST HEARING, CEASE AND DESIST AREAS C & E (SEPARADO & CAYUCOS) AND I (SAN GABRIEL) - For individuals being required to hook-up to public sewer, pursuant to Ordinance No. 246 Henry Engen provided staff report and responded to questions from Council. Discussion ensued regarding the process of notifying property owners in cease & desist areas, hook-up requirements and the general subject of extending sewer. There was no public comment. MOTION: By Councilman Luna that staff proceed with the requirements for individuals being required by the Regional Water Quality Control Board to hook up in Cease & Desist Areas C, E and I, seconded by Councilman Bewley; motion carried unanimously. CC03/23/93 Page 5 2. RESOLUTION NO. 16-93 - CDBG FUNDING APPLICATION - Public hearing to consider potential application for Community Development Block Grant assistance to fund the site acquisition and rehabilitation for the North County Women's Resource Center domestic violence shelter Henry Engen provided staff report. Public Comments: Barbara MacGregor, Director of the North County Women's Resource Center, thanked the City for its ongoing support over the past two years and commented on the status of the process to locate and acquire a site for the domestic violence shelter. She reported that the Center has executed a lease option purchase agreement and that the State's response has been good, noting that domestic violence shelters are the State's priority this year, which increases the possibility for successful acquisition. Should the Center succeed in its efforts to purchase the shelter site, she indicated the money formerly used to pay rent could be used for such things as counselling, food and other services. She offered to respond to questions, noting that Pat Wickstrom of People's Self-Help Housing Corporation was also present to respond, if necessary. MOTION: By Councilwoman Borgeson to approve Resolution 16-93, seconded by Councilman Luna; motion carried unanimously. D. REGULAR BUSINESS: 1. ORDINANCE NO. 268 - Amending Ordinance No. 252, Section 2-13.03 of the Atascadero Municipal Code, amending the terms of the members of the Parks & Recreation Commission (Recommend motion to adopt on second reading by title only) There was no public comment on this item. MOTION: By Councilman Luna to adopt Ordinance No. 268 on second reading, by title only, seconded by Councilman Bewley; motion carried unanimously. 2. RESOLUTION NO. 17-93 - Supporting the San Luis Obispo County Land Conservancy's grant application for a Highway 101 Landscaping Enhancement and Gateway Signage Program Item withdrawn (see Mayor Pro Tern's comment under Community Forum, page 2). CC03/23/93 Page 6 E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council: Councilman Luna announced that he would be happy to speak with individual Council members regarding what occurs at the Finance Committee, within the limits of the Brown Act (refer to discussion on Item B-6, page 4). City Treasurer: Micki Korba announced her intention to amend the Treasurer's Report to include the previous month's figures (in addition to the now-shown prior year's) to assist Council in tracking how money is being spent. City Manager: Ray Windsor announced that City Clerk Lee Raboin is absent due to the death of her brother. Funeral arrangements are pending and will be forwarded to the Council when known. Ray Windsor recalled a late request, following last year's budget hearing considering community group requests, from the Atascadero Tennis Club seeking $700 to resurface the high school tennis courts, which was denied by the Council. As a result, Recreation Supervisor Geoff English had suggested raising funds on a voluntary basis and has since succeeded in raising $805; the extra $105 will be given to the Tennis Club for their general fund. Mr. Windsor conveyed the Council's thanks to Geoff for that effort and asked if a member of Council would be willing to present the $700 check to the School Board at its next meeting. Councilwoman Borgeson volun- teered to make the presentation. MAYOR PRO TEM KUDLAC ADJOURNED THE MEETING AT 8:30 P.M. TO THE NEXT REGULAR MEETING ON TUESDAY, APRIL 13, 1993 AT 7:00 P.M. MINUTES RECORDED AND PREPARED BY: 1 CINDY WILKINS, Deputy City Clerk CC03/23/93 Page 7 EXHIBIT A TO CITY COUNCIL MINUTES OF 3/23/93. March 23, 1993 Council Members, City of Atascadero 5500 Palma Avenue Atascadero, CA. 93422 RE: Construction Practices, Health/Safety Issues Mayor Nimno and Council Members: While I appreciate staff's efforts to assure quality housing projects in Atascadero, holes in our system of plan development coupled with the absence of a Compliance Officer to monitor plan execution have allowed questionable construction practices to excel resulting in health and safety issues that expose city management to potential liability. I would like to identify two specific projects that set unacceptable precedents. First, a home on property adjacent to my own has been occupied for over a year without receiving final inspection clearance due to an inability to control negative effects of runoff from the site. Continuing erosion problems have resulted in land slides and significant sediment deposits in creeks and ponds downstream. A complaint has been filed with the City and despite assurances that there would be time for public comment through precise plan review of the proposal to mitigate the erosion, the owners proceeded on their own to dump large quantities of dirt down the hill last week. You should note that the drainage pipe put in place by the owners without a permit and that is now ging covered, carries runoff from the driveway where water and possible wastes are then dumped unfiltered into a blue line swale. The City has not followed through in enforcing the building code. Furthermore, the City has verbally abdicated any responsibility for resulting effects on adjacent homeowners. You have set a precedent that nobody is in charge and that is not acceptable. Second, on property across the ridge but also adjacent to my own, a 2 foot boulder appears to have escaped last week from a new building site where grading was initiated without a permit. The boulder rolled several hundred feet down hill knocking over a fire hydrant. The lack of a permit is an issue but so is the fact that despite the average slope of the lot exceeding 30% lin my opinion), no precise plan was required and adjacent residents never notified. The short term issue is that our building code seems to contain no element to control runaway rocks that may crash to the properties and roadway below and this is unconscionable. The lona term issue is that the lack of public input has resulted in an approved drainage plan for this project that directs rain gutter emissions and other runoff down the steep, back portion of the lot and onto Llano Road. Llano already suffers from failure of cut slopes and unprotected drainage swales filled with maxi all year. The residents of Llano Road are being asked to carry an unfair burden and suffer unnecessary risk as a result of one developer's right to build. In summary, precise plans should be required on any project where the average slope of the lot exceeds 20% or where drainage is required across adjacent properties. Additionally, if the lack of a Compliance Officer results in the City's inability to properly monitor. contractors and homeowners on current projects, then no building permits should be issued until the health and safety of current residents are assured. Thank you for your time. Sincerely, )lUeno-Eles ~ 6705 Llano Road, Atascadero, CA 93422 EXHIBIT B TO CITY COUNCIL MINUTES OF 3/23/93. (PAGE 1 OF 2 ) Tom & Marcia Torgerson 6200 Llano Road Atascadero, CA 93422 March 23 1993 city Council City of Atascadero 6500 Palma Ave. Atascadero, CA 93422 Dear councilmembers : Back in January, we wrote a letter to you with copies to the Planning Commission, Henry Engen, Public Works and the Department of Fish and Game. The letter was concerning the lack of sedimentation control on building sites. it also addressed the city' s indifference to engineered drainage failures . We have since spoken to Hr. Engen, Bill Wittmeyer, Brian sword and the Planning Department, As most of you know, we have a pond on our property that is fed by a "blue line creek" . In the last 3-4 years, clue to development upstream, the pond has been severely impacted by sediment runoff . IL have pictures for those of you who have not been out to our home .and seen it first hand. In all of our discussions with the city officials I lust mentioned, it was agreed that this is a problem that should not be taking place . Of course, we' ve been told that the City of Atascadero is not responsible, but we beg to differ with you. In the City of Atascadero' s Zoning ordinance, from 9-4 . 141 to 9-4 . 154, it explains in detail requirements if any grading is being done, including drainage plans, revegetat:on plans, sedimentation and erosion control plans as those described in USDA soil Conservation service Bulletin 347 . =let the City requires little if any of these plans And if they do, they don' t examine the plans submitted. They assume that if an engineer drew the plans, they are fine. This system is not working. Many of the homes upstream from us, with engineered plans , have had major erosion problems that have become our problem. We thought after all our discussions on this topic with the planning department, that AT LEAST this iaould be an issue that they would address for any future building applications. We have been told that Mr. Engen has not given any direction to the planners to consider any new drainage issues can future building applications . An example of th.,:Ls is the new construction site on Rayar, that :wren mentioned, where there s a steep slope but no sediment control , nc bcLtoder control and an approved drainage plan that could cause more erosion problems after the home 'is built 00011"41 CITY COUNCIL MINUTES 3/23793, EXHIBITIB (PAGE 2 tr- 2) ( 2 ) The bottom line is that with each new construction site upstream from us, t1he city is not going to require any sedimentation controls even though they know the potential is there for erosion problems . Drainage plans from engineers , even if they have engineered several failures, will be accepted at face value. The construction site on Rayar is again an example of drainage plan problems . The approved plans show all rain gutter and surface runoff being diverted to one or two rock swale areas and then down the greater than 45m slope which already has had several land slides . It just doesn' t make sense As you can see, we have not made much progress going through the proper channels. That is why we are here tonight. Something has to be done to make the planning department enforce already existing zoning ordinances . It makes so much sense to avoid a problem by enforcing a few safeguards instead of ignoring the obvious potential for damage not only to the building site but also downstream neighbors . I spoke with Andy Takata this morning for the first time and discussed briefly these problems with him. He told me he would talk with qtr. Engen and get back to me. Hopefully, he will be able to make some changes in procedures within the city. But we feel there is also a need for some changes in the wording of the zoning ordinances . Please consider this matter as soon as possible. our portion of the pond on our property is close to being half full with sediment. With each new rainstorm, the problem in our backyard gets bigger and bigger. 10-20 years from now, when all of Atascadero's creeks and ponds are full of sediment, the City Council will want to pay someone several thousand dollars for a study on how to clean the creeks and ponds; and then hire someone to do it. 'shy not just stop filling them up in the first place Thank you. Sincerely, Tom or erson Marcia Torgerson /m