HomeMy WebLinkAboutMinutes 0413931
I
Agenda Item: B-1
Meeting Date: 05111/93
ATASCADERO CITY COUNCIL
APRIL 13, 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 and
Mayor Nimmo
Absent: None
Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City
Clerk
Staff Present: Andy Takata, Assistant City Manager/Director of
Community Services; Henry Engen, Community
Development Director; Art Montandon, City Attorney; Mark
Joseph, Administrative Services Director; Mike McCain, Fire
Chief; Bud McHale, Police Chief; Steve Sylvester, City
Engineer and Steve DeCamp, City Planner
PROCLAMATIONS:
Mayor Nimmo read the proclamation for "Public Schools Week", April 19, 1993 and
presented it to Chief McCain, accepting on behalf of the Masons.
In addition, the Mayor read the proclamation for "Earthquake Preparedness Month",
April 1993 and presented it to Chief McHale.
COUNCIL COMMENTS:
Councilwoman Borgeson noted she has received telephone calls regarding graffiti and
asked for a progress report. Chief McHale indicated that a committee is being formed
by members of the PTA, School District, City staff and others in the community
interested in addressing this problem. He reported that while investigations are on-
going, the department would soon refer six suspects to the justice system. In
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addition, the Chief mentioned that staff was looking at a potential ordinance modeled
after other cities.
Councilman Kudlac suggested that the Council adopt a resolution announcing that it
has no tolerance for graffiti and encouraging community service punishment and/or
other appropriate judicial discipline for violators. Staff was directed to draft said
resolution and bring back for Council action.
COMMUNITY FORUM:
Ray Jansen, 6655 Country Club Drive, appealed to all to walk, or sponsor someone
to walk, in the 10k "Walk for Hunger" April 25, 1993.
William Carlyle requested assistance with changing the use of a Colony home at 5715
Rosario from apartments to an art gallery or museum. The matter was referred to
staff.
Tray Littlejohns, Pastor Christ Chapel, questioned City policy as it relates to the use
and rental of City -owned facilities. He asked the Council to direct the City Attorney
to research and cite specific State Law that would substantiate the policy. Art
Montandon indicated that the answer was not an easy one and clarified that he would
have no authority to investigate the matter without Council approval. By mutual
consent, Council directed staff to provide a report outlining City policies relating to
this item.
Margaret Thornton, 8760 Junipero, stated that it was difficult to negotiate a left turn
onto EI Camino Real from Junipero and suggested extending the red -curbing on EI
Camino Real in front of the physical therapy office. This matter was referred to the
Traffic Committee.
Terrill Graham, 6205 Conejo Road, proclaimed it inappropriate for staff to speak out
in public on political issues. He suggested that the City Council adopt a policy
delineating specific guidelines for public statements made by members of City staff.
Councilwoman Borgeson_indicated that she thought this was an appropriate issue for
Council discussion and action.
Doug Byles, 7777 San Gregorio Road, read portions of his Letter to the Editor
(Atascadero News - 3/31/93). Because Mr. Byles made mention of the raised median
issue, the Mayor suggested his comments might be more pertinent taken with other
public commentary during discussions relating to Regular Business Item #D-1. Mr.
Byles agreed to reserve his testimony until such time.
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A. COMMITTEE REPORTS (The following represent ad hoc or standing commit-
tees. Informative status reports were given, as follows.):
1. Solid/Hazardous Waste Task Force - Henry Engen reported that the task
force had met on April 1, 1993.
2. County Water Advisory Board - Councilwoman Borgeson reported that the
board had met 4/7/93, at which time discussions ensued regarding "Nacimiento
Water". She asked staff to check with Atascadero Mutual Water regarding
their entitlement request for this water source.
B. CONSENT CALENDAR:
Mayor Nimmo read the Consent Calendar, as follows:
1. CITY COUNCIL MINUTES - MARCH 9, 1993
2. CITY COUNCIL MINUTES - MARCH 23, 1993
3. TRAFFIC COMMITTEE RECOMMENDATIONS:
A. RESOLUTION NO. 18-93 - Designating the placement of a stop intersection
on Corriente Avenue @ Santa Ana Road
B. RESOLUTION NO. 19-93 - Designating the placement of a stop intersection
on Corona Road @ Santa Ana Road
C. RESOLUTION NO. 20-93 - Designating the placement of a stop intersection
on Balboa Road @ Santa Ana Road
4. TENTATIVE TRACT MAP 92003, 7365 SANTA YSABEL - Consideration of a
request to create a five -unit residential condominium project, including the
conversion of one existing unit and the construction of four new units
(Semmes/Cuesta Engineering)
5. CONTRACT AWARD FOR PORTABLE HYDRAULIC PUMP UNIT
6. RESOLUTION NO. 22-93 - Authorizing participation on the S.L.O. County
Regional Hazardous Materials Response Team
7. ART PROJECT - POLICE FACILITY
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Item #B-5 was pulled for correction and clarification. Councilman Luna pulled Item
#13-2 for correction.
MOTION: By Councilman Luna, seconded by Councilman Kudlac to approve
Consent Calendar Items #13-1, 3, 4, 6 & 7; motion carried unanimously
by roll call vote.
By mutual consent, Item #13-2 was continued to April 27, 1993.
Re: Item #B-5. CONTRACT AWARD FOR PORTABLE HYDRAULIC PUMP UNIT
Henry Engen pointed out a mathematical correction. Councilwoman Borgeson inquired
about the legality of R.F. MacDonald's bid revision as referred to in the staff report.
The City Attorney asked that the matter be continued so that he might have the
opportunity to look at the issue.
C. PUBLIC HEARINGS:
1. ROAD ABANDONMENT/LLA 93-001, 9325 CURBARIL AVE. - Request for
consideration of a road abandonment and lot line adjustment which conflicts
with prior City Council action on this issue
Henry Engen provided background and the staff report. Council questions followed
regarding former Council approval and contingency. It was clarified that there are
presently two legal lots and the owner could, if he chooses, tear down the existing
residence --which is located on the lot line --and build two. In addition, Mr. Engen
confirmed that another home could not be built without the lot line adjustment.
Councilwoman Borgeson reiterated support for the prior approval.
Public Comments:
Kelly Gearhart, applicant, spoke in favor of his request to obtain the lot line
adjustment without the lot merger. He pointed out that he desires to enlarge the lot
and does not wish to tear down the existing home.
Councilman Bewley asked Mr. Gearhart if perk tests were completed on the property.
The applicant indicated that they had and reported that there was room for two septic
systems on the subject parcels.
---End of Public Testimony ---
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Councilman Luna noted that he had opposed the road abandonment request when the
item came before the Planning Commission in 1991 and indicated that he was not in
favor of reconsidering the matter.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to deny the
reconsideration and leave intact prior approval requiring that the subject
parcels be legally merged as a condition of approval of the road
abandonment; motion carried 3:2 with Councilmembers Bewley and
Kudlac voting in opposition.
D. REGULAR BUSINESS:
1. EL CAMINO REAL MEDIAN - City Engineer's Report (Cont'd from 2/23/93)
After brief introduction, Steve Sylvester reported that the Police Department had
completed a speed survey on South EI Camino Real and provided a recap. In addition,
he explained that engineering staff had monitored traffic, drafted proposed
modifications to the median and estimated associated costs. With that introduction,
Mr. Sylvester highlighted four recommendations for median alterations, as outlined in
the staff report.
Council questions followed regarding recommended revisions, projected costs and
available funding. Councilwoman Borgeson asked whether staff had considered
removing the median from EI Bordo to Maple (instead of to Musselman Drive). Steve
Sylvester indicated that, based on Council direction, this alternative had not been
considered by staff and projected that it would cost approximately one-third more
than what was proposed.
Councilman Kudlac commented that although he favored making some alterations to
the newly -constructed median, he was not prepared to strike the entire concept from
the General Plan or the Downtown Master Plan.
Public Comments:
Jay DeCou, 9200 Pino Solo, spoke on behalf of RAM (Residents Against the Median)
and made the following recommendations: 1) Remove the southern thirty feet of
median to accommodate the Colombo residence, 2) Allow a turn pocket for the
Biaggini project, 3) Modify the northern end of the median to allow two-way left turn
traffic from EI Bordo to Musselman, 4) Install a traffic stop light at the entrance to the
State Hospital when funds become available and 5) Abandon all plans for future
median projects on EI Camino Real. In addition, Mr. DeCou pointed out that H.D.
Peterson of Atascadero had given RAM a quote of $12,000 to remove the median and
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reiterated that RAM was willing to contribute approximately $2,500 towards that
cost.
Dorothy McNeil, 8765 Sierra Vista Road, read a prepared statement (see Exhibit A)
in support of the median and in opposition to expending any funds on its' removal.
Ed Biaggini, 10700 EI Camino Real, thanked staff to responding to the public and
making recommendations for certain modifications. He reported that he had received
an estimate from his contractor for completing the modification recommended by staff
at the entrance to his new development and noted that it was almost half the cost.
He cautioned the Council to get the best price for the work.
Eric Greening, 7365 Valle, stated he believed that medians promote strip development
and indicated that he had reservations about the installation of future raised medians.
He suggested that additions of concrete and trees be made for the benefit of
pedestrians and encouraged the Council to look for creative solutions to traffic
problems.
Chuck Duveneck, 5260 Maleza and representing the California Dump Truck
Association, argued that hauling and delivering materials to merchants on EI Camino
Real becomes very difficult when u -turns must be negotiated.
Norman Young, 9184 Birch, asserted that the City Council should get rid of the
median.
Joan O'Keefe, 9985 Old Morro Road East, spoke in favor of the raised, landscaped
median because it discourages strip development and provides traffic safety. She
added that the concept should not be abandoned and urged the Council to spend the
least amount of money necessary to address the deficiencies.
Robert Shaw, 5465 Capistrano, asked for clarification of the State Hospital's
participation in the median project. Mark Joseph explained that the State had
contributed $150,000 to the project and reported that the additional funds came from
City gas taxes and developer funds.
Jon DeMoralis, Executive Director of the Atascadero State Hospital, read a prepared
statement (see Exhibit B) outlining the hospital's position.
Al Wilkins, 8050 San Clemente, announced that as a hospital employee he
appreciated the median and exclaimed that his trip to work was now much safer.
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Dan Phillips, 8800 EI Camino Real, read a portion of a letter he had received from the
governor explaining how City transit funds and State Mental Health Department
monies can be used. He urged the Council to pursue the installation of a traffic signal
light at the intersection of EI Camino Real and the State Hospital.
Mike Godfrow, President of the California Association of Psychiatric Technicians at
Atascadero State Hospital, reported that members of that association support the
raised median and the concept of adding a traffic signal.
Don Cole, 10475 Cuesta Court, stated that he liked Councilwoman Borgeson's
suggestion of removing the median from EI Bordo to Maple. He added that he
disapproved of the choices for shrubbery and trees.
John McNeil, 8765 Sierra Vista, pointed out that safety was more important than
convenience and warned the Council to only let licensed and bonded contractors make
modifications.
Calvin Lester, 6570 Morro Road, opposed further construction of any medians on EI
Camino Real.
Doug Byles, 7777 San Gregorio, continued comments he began expressing under
Community Forum. He pointed out benefits of following a master plan for the
community. He also complained about a yard in approximately the 3400 block of
Ramona at Monterey Road and asked why materials there could not be fenced or
concealed. In addition, Mr. Byles offered other suggestions relating to balancing the
City's budget.
---End of Public Testimony ---
Council discussion followed regarding traffic speed in the subject area. The Police
Chief noted that a traffic signal at the entrance to the State Hospital would
significantly slow traffic. The City Engineer provided a summary of the steps
necessary to approve a signal light and agreed that signalization would reduce
speeding.
Councilwoman Borgeson asserted that, based on telephone calls she had received, the
public would support a traffic signal on South EI Camino Real, but does not favor a
raised median any far north than the one recently constructed. She stated that the
median was poorly planned and that the entire concept was a bad idea for the
community and, if installed, would be detrimental to established businesses on El
Camino Real. In closing, Councilwoman Borgeson asked that Council give considera-
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tion to her proposal of eliminating the median in front of Rancho Del Bordo and the
Perkins Mobilehome Park.
Councilman Bewley remarked that compromise must be reached and modifications
made as needed to the existing median. He noted that there was much to be learned
by the experience and speculated that there will be ample opportunities for public
input in the design of any future median projects.
MOTION: By Councilman Kudlac, seconded by Councilman Bewley to remove the
southerly thirty feet of the median at the Columbo residence; motion
approved unanimously.
MOTION: By Councilman Kudlac, seconded by Councilman Bewley to remove the
existing median from EI Bordo to California Manor; motion carried 4:1
(Councilman Luna opposed).
MOTION: By Councilman Kudlac, seconded by Councilman Bewley to construct a
northbound left turn opening for the Biaggini tract; motion carried 4:1
(Councilman Luna opposed).
MOTION: By Councilman Kudlac, seconded by Councilman Luna to direct staff to
continue discussions with Atascadero State Hospital regarding the
installation of a traffic signal at the State Hospital entrance at the earliest
date possible; motion carried 5:0 by roll call vote.
MOTION: By Councilman Kudlac, seconded by Councilman Luna to increase the
length of no parking zones "red curb areas" at all u -turn locations to a
minimum of sixty feet; motion carried 5:0 by roll call vote.
2. TEMPLETON SERVICE DISTRICT - Consideration of request to explore
extension of City sewer service to the Templeton Community Services District
Henry Engen provided the staff report and recommendation to cooperate with the
Templeton Community Service District in exploring the pros and cons of possibly
providing sewage treatment service to Templeton. If authorized, he concluded, staff
would prepare an analysis for further Council review and direction.
Councilman Kudlac indicated that he was in support of having staff study the matter.
Councilwoman Borgeson stated she did not favor paying for such a study.
Councilman Luna remarked that he would like to be presented with cost projections.
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Public Comment:
Eric Greening cautioned staff to thoroughly investigate the potential location of the
sewage pipeline.
---End of Public Testimony ---
By mutual consent, staff was authorized to explore the concept and report
back.
3. CONSTRUCTION PRACTICES REPORT - Response to citizen's complaints at
March 23rd City Council meeting
Steve DeCamp provided an overview of City's permit review process and building
inspection procedures. In addition, he gave a status report on the building activities
at 9800 Corriente and 7005 Rayar.
Councilman Luna inquired about requirements for sedimentation control and shared
concerns relating to specific development on Ardilla Road at Graves Creek. He stated
that he would like to see the Council set some kind of policy to control sedimentation
and protect adjacent properties. Henry Engen pointed out that new standard project
conditions require sedimentation and erosion control plans and noted that the City
Engineer is responsible for ensuring that these conditions are being met.
Additional questions followed regarding development on slopes.
Public Comments:
Karen Oakes, 6705 Llano Road, reiterated complaints addressed in her letter to the
Council dated March 23, 1993 and expressed concern that the building process does
not allow input from downhill neighbors. She urged the Council to ensure
enforcement of the City's existing codes.
Marcia Torgerson, 6200 Llano Road, read portions of a prepared statement (see
Exhibit C) and cited specific ordinance sections she believes need refinement or are
not now being enforced. She too asked the Council to insist that the City's Zoning
Ordinance be complied with.
Andy McMeans, 6150 Llano Road, spoke in support of Ms. Oakes's suggestion to
reduce building permit approvals if the City is unable to enforce regulations due to
staffing limitations.
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-End of Public Testimony ---
Councilman Luna asked staff to clarify whether or not a permit is required to begin
"grubbing" or clearing a site of vegetation. He argued that a permit should be required
before a bulldozer is used to scrape or clear a building site. Steve DeCamp indicated
the Uniform Building Code does not require a permit for simply removing vegetation.
He pointed out that the City's Zoning Ordinance does not allow "padding" or preparing
a building pad and then putting up the lot for sale.
Councilwoman Borgeson asserted that the City needs to enforce its' building
standards diligently and that the Council must be made aware if the job cannot be
done by staff. Councilmembers Bewley and Luna concurred.
No formal action was taken. The report was received and filed.
4. DIAL -A -RIDE REPORT - Response to Council's March 23rd direction
Henry Engen provided the staff report and recommendation to refer the question of
expanding Dial -A -Ride service hours and/or days to the 1993-94 budget process.
Public Comments:
Rush Kolemaine, Box 1990, remarked that there was a need for improved service and
proposed that by increasing Dial -A -Ride services, the City may increase local sales tax
revenue.
---End of Public Testimony ---
MOTION: By Councilman Bewley, seconded by Councilman Kudlac to extend the
meeting beyond 11:00 p.m.; motion carried unanimously.
Council agreed to refer the question of expanding Dial -A -Ride service hours
and/or days to the 1993-94 budget process.
5. WIL-MAR DISPOSAL AUDIT
Mark Joseph introduced Carlos Reynoso, CPA, who completed the financial review
of Wil -Mar Disposal Company, Inc. Mr. Reynoso provided an overview of his findings
and recommendations.
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Public Comments:
Betty Sanders, attorney for Wil -Mar, urged the Council to direct staff to come back
with an ordinance that would place upon the property tax rolls delinquent refuse
collection charges. Ms. Sanders pointed out that residents who have applied for
exemption to mandatory garbage collection must file annually. Councilwoman
Borgeson noted that the public needs to be advised of this responsibility. Councilman
Luna suggested that this could be done easily by computer.
---End of Public Testimony ---
By mutual consent, the Council directed staff to prepare and bring back a draft
ordinance providing authority for placing delinquent refuse collection accounts
on the property tax rolls. In addition, staff was asked to address Mr.
Reynoso's suggestion for replacing recycling coupons with payment dividends.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Treasurer
Micki Korba announced that she would be attending the Annual City Treasurers'
Conference in Dana Point during the week of April 20 through 23.
2. City Manager
Andy Takata mentioned that staff would come back with suggested dates for a joint
meeting with Paso Robles City Council regarding economic development and resource
sharing. In addition, he announced that long-time resident Miles Wemp had passed
away and to honor him, Recreation Department staff would erect a sign in his memory
at Paloma Creek Park.
THE MEETING WAS ADJOURNED AT 11:15 P.M. THE NEXT MEETING OF THE
ATASCADERO CITY COUNCIL WILL BE TUESDAY, APRIL 27, 1993 AT 7:00 P.M.
Attachments:
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Page 11
ED BY:
Exhibit A - (McNeil) Exhibit C - (Torgerson)
Exhibit B - (DeMoralis)
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EXHIBIT A
to 'Itascad:ro City Council
From Dorothy F. ,"Ic�:eil
April 13, 1993
R.e-ardins the median.
I am certainly not a specialist on medians, tlou�:h I have
driven streets in many cities which have them. ",ether. I stay in
a motel in Santa Barbara on estate street, I really have not
found it to be an inconvenience to turn ri!at, drive a bloc -'C or two
in order to turn left to find the shop or restaurant 1 rant to
visit . wzzlftl
It is anderstandabie that business owners on El Camino fear that
peo _s will not come to them unless shoppers can t,,.rn left in the
midale of everyand any bloc's at any time. But as a city grows the
way Atascad.ero has in the last two decades, business owners and
suoppers find the main business street has become far too active
to allow constant left turns --or to allot: fort lifts to carry
lumber or other items back and forth across the busiest street
in torn.
Xost business p°aople :rant to see the town 7row for obvious rt'asons.
I I owned a lumber -Card or a furniture store or restaurant -or
a ,_Qts .aper --I'd be happy about the growtu'a w.-.ich 1"as doubled our
ronula _on in two decades. But I t link I :!o-1-ld reco, nize t Tat
such -,rotrth may :Wean t. at for the safet:,- and �.,elfare of my town,
a d o.2 its ae::,thet c improvement, a median do%n the center of
t�iE' ma or traffic artery is . esirable aad necessary'.
"rid 1 I -would reco-nine that the -vorld. V -wide recession nas
forced our cite to v,m'u 7,c
�every dollar. +end - o'
. e cent to re;-ove
the me -than would be irresro sible and Shameful..
If the first oortion of the median is i; perfac use 'Ghat know -
1 e-,-4
no es-1ed e to make improvements wren the city has the :.coney to e:itend
the median on El Camino. I think t. --e median is hLere to stay ,
and I welcome it,
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EXHIBIT B
Page 1
MR. MAYOR, CITY COUNCIL, RESIDENTS FOR AND AGAINST THE
MEDIAN:
MY NA -MF IS JON DE MORALES, EXECUTIVE DIRECTOR OF ATASCADERO
STATE HOSPITyL.
THERE HAS BEEN CONSIDERABLE CONTROVERSY OVER THE RAISED
MEDIAN AND MISINFORMATION REPORTED REGARDING THE ROLE,
INFLUENCE, AND POSITION OF THE STATE HOSPITAL IN THIS
MATTER.
IN ORDER TO SET THE RECORD STRAIGHT, I THINK IT NECESSARY TO
CLARIFY THAT ATASCADF.RO STATE HOSPITAL REQvESTc:D TURN L,tXES
AT THE HOSPITAL ENTRANCE TO REDUCE THE RISK OF TRAFFIC
ACCIDENTS. THE STATE PROVIDED FUNDS TO OFFSET THE :OST OF
THIS PROJECT TO THE CITY.
THERE HAVE NOT BEEN ANY LAWSUITS FILED AGAINST THE HOSPITAL
BY VICTIMS OF TRAFFIC ACCIDENTS AT THE HOSPITAL ENTRANCE AND
THE HOSPITAL DID NOT REQUEST A RAISED MEDIAN.
HOWEVER, THE RAISED MEDIAN FROM MUSSELMAN DRIVE EXTENDING
SOUTH TO SAN DIEGO ROAD IS A DEFINITE IMPROVEMENT OVER
FLUSH MEDIAN, WHICH I AND HOSPITAL STAFF WHOLEHEARTEDLY
_r
SUPPORT.
i
f
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EXHIBIT B
Page 2
ATASCADERO STATE HOSPITAL EMPLOYS 1450 STAFF, MOST OF WHOM
LIVE IN THIS COMMUNITY AND ALL OF WHOM NEGOTIATE THE
HOSPITAL ENTRANCE TWO TO FOUR TIMES OR MORE EACH WORKING
DAY.
I HAVE NEGOTIATED THAT INTERSECTION SEVERAL TIMES EACH
WORKING DAY FOR THIRTY -TRO YEARS. THERE IS NOTHING THAT
WILL GET.YOUR HEART STARTED...NOT EVEN A STRONG CUP OF
COFFEE... LIKE THE SIGHT OF A TEN -YARD DUMP TRUCK IN YOUR
REARVIEW MIRROR BARRELING DOWN ON YOU AT A HIGH RATE OF
SPEED IN THE SAME LANE YOU OCCUPY AT A DEAD STOP WHILE
WAITING FOR A BREAK IN TRAFFIC TO NEGOTIATE ALEFT TURN.
TIME RAISED MEDIAN AND TURN LANE AT THE HOSPITAL ENTRANCE HAS
SIGNIFICANTLY REDUCED THE RISK OF ACCIDENTS AT THIS
INTERSECTION.
IT HAS BEEN SAID THAT VEHICLE SPEED HAS INCREASED SINCE THE
INSTALLATION OF THE MEDIAN. I QUESTION THIS OBSERVATION IN
THE ABSENCE OF A BASELINE STUDY ESTABLISHED PRIOR TO THE
INSTALLATION OF THE MEDIAN. I CAN TELL YOU FROM PERSONAL
EXPERIENCE THJAT n` kN`c' MOTORISTS HAVE AND CONTINUE, TO TRAVEL
THIS STRETCH OF EL CAMINO REAL AT EXCESSIVE SPEEDS.
I BELIEVE THJAiT THE INSTALI.+.NTION OF A TRAFFIC SIGNAL AT THE
iNTE:2SECTT.Oit OF E:l CAMINO REAL AND THE HOSPITAL ENTRANCE
x
WILL SIGNIF?CAI TL Y REDUCE RISK TO ANYONE TRAVELTNG THIS
STRETCH OF EL CAMTNO REAL.
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EXHIBIT B
Page 3
IN ORDER TO FACILITATE THE INSTALLATION OF A TRAFFIC SIGNAL
AT THIS INTERSECTION, I HAVE AUTHORIZED A TRAFFIC STUDY AT
NO EXPENSE TO THEE CITY. IF THE STUDY AND THE C -TTY SUPPORTS
THE INSTALLATION OF A SIGNAL, I AM Pt'2ZPAp RED TO RECOMMEND
ANNEXATION OF THE HOSPITAL BY THE CITY TO DERIVE ADDITIONAL
SALES TAX REVENUE -- ESTIMATED AT $60,000 ANNUALLY. IN
ADDITION, I AM PREPARED TO RECOMMEND TITILE TRAINS_ER AND/OR A
LONGER TERM LEASE TO ENABLE THE CITY TO EXPAND RECREATIONAL
FACILITIES AT PALOMA CREEK PARK AND THE RE-ROUTItvG OF
HALCYON ROAD TO REDUCE THE RISK OF ACCIDENTS INwOLVING fli'E VY
EQUIPMENT NEGOTIATING ENTRANCE INTO VIEJO CAMINO.
I DO NOT HAVE AN OFFICIAL INTEREST IN THE INSTALLATION OF A
RAISED MEDIAN ELSEWHERE IN THE CITY AS PROVIDED BY 'RE
GENERAL PLAN. HOWEVER, SPEAKING AS A CONSUMER, ONE WHO
SPENDS A GREAT DEAL OF TIME IN ATASCADERO, TRAVELING EL {
1
CAMINO REAL, PATRONIZING RETAIL ESTABLISHMENTS AND
PARTICIPATING IN COMMUNITY SERVICE PROJECTS, I THINK IT
DEFINITELY ENHANCES THE CITY'S APPEARANCE AND IMPROVES
TRAFFIC SAFETY.
CONSIDERING THE IMPACT ON COMMERCIAL ACCESS TO RETAIL
OUTLETS AND THE DIFFICULTY SENIOR CITIZENS HAVE NEGOTIATING
LEFT TURNS, PERHAPS ADJUSTMENTS THROUGH COMPROMISE AND A
COMBINATION OF RAISED AND FLUSH MEDIANS MAY ACCOMMODATE OUR
COLLECTIVE NEEDS.
1 11
I
I
7
Marcia McClure Torgerson
6200 Llano Road
Atascadero, CA 93422
805"466-7980
April 13, 1993
City Council
City of Atascadero
6500 Palma
Atascadero, CA 93422
Re: Zoning ordinance Enforcement
Dear Councilmembers:
I received a copy of the staff report and frankly, was not
surprised at its contents. This report is a perfect example of
the brick wall that I've been hitting when trying to work with
the Planning Department on this issue. Mr. Engen and Mr. Decamp
explain in this report the procedures the city follows when
processing a building permit. They also address the two examples
I referred to in my letter. What they fail to acknowledge or
address is the fact that these procedures don't seem to be enough
to avoid damage to private and public waterways. They also fail
to mention that they are not enforcing several of the already
existing zoning ordinances.
Atascadero is full of creeks and ponds that are filling up with
sediment at an accelerated rate because we are ignoring the
cause. I don't think anyone would want to knowingly ruin our
waterways. But, by simply enforcing the already existing zoning
ordinances, the sedimentation rate in our creeks and ponds would
drop dramatically.
I would like to quickly review the portion of the zoning
ordinance that pertains to these issues. I have marked the
particular sentences that I feel are being overlooked by the
Planning Department and I would like you to review them.
First, on page 4-59 (9-4.141, a-9) refers to when a grading
permit involves minor grading on slopes less than 20%. #9
states, "Where required by the Building Official, protective
measures to be taken during construction, such as etc." I think
the first phrase "Where required by the Building official" should,
be removed. I feel that protective measures on construction
sites should take place if there is any possibility of damaging
neighboring land or waterways.
Second, on page 4-60 (9-4.142, d-2) refers to Criteria for
Approval. It states, "A grading permit may be issued only where
the Planning Director first finds, where applicable that proposed
grading will not result in erosion, stream sedimentation, or
other adverse off-site effects or hazards to life or property."
This is not currently being enforced.
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EXHIBIT C
(2)
Third, on page 4-62 (9-4.144, b-1) refers to Grading Standards
and revegetation. It states, "Where natural vegetation has been
removed through grading in areas not affected by the landscaping
requirements and that shall not be occupied by structures, such
areas shall be replanted as set forth in this Subsection to
prevent erosion after construction activities are completed." It
goes on to say that "Topsoil removed from the surface in
preparation for grading and construction shall be stored on or
near the site and protected from erosion while grading operations
are underway." If you look down to paragraph #c, it states, "Off -
Site Effects: Grading operations shall be conducted to prevent
damaging effects of erosion, sediment production and dust on.
adjacent property, including public and private rights-of-way."
This section needs to be enforced.
Fourth, on page 4-62 (9-4.145 a-1&2) refers to sedimentation and
Erosion control. It states,_"A sedimentation and erosion control
plan is required when grading which may affect adjacent property
or private rights-of-way which is proposed to be conducted or
left in an unfinished state during the period from October 15
through April 15. A sedimentation and erosion control plan is
required when land disturbance activities are conducted in
geologically unstable areas, on slopes in excess of 30%, etc."
In this same section, #b, urc & #d go on to explain what
requirements are involved in sedimentation and erosion control
plan preparation and processing, plan check and inspection. I
think sedimentation and erosion control should be on the
inspector's check list. This section gives several examples of
types of control measures that are recommended and also states in
#2, "In order to prevent polluting sedimentation discharges,
erosion and sediment control devices shall be installed as
required by the City Engineer for all grading and filling." This
has not been done. in #d-3, it refers to final erosion measures.
It states, "Within 30 days after completion of grading, requiring
a sedimentation and erosion control plan, all surfaces disturbed
by vegetation removal, grading.... etc.,.. shall be revegetated to
control erosion. I think this needs to be enforced but I also
think.that you should add to that section the requirement that
the revegetation be watered until established. Also in section
#d-3, it refers to the USDA Soil Conservation Service Bulletin
4347 for further information about sedimentation and erosion
controls. I think since this booklet is referred to in the
zoning ordinance, it should be given, along with a building
application, to anyone applying for a building permit.
Last but not least is drainage. on page 4-65 (9-4.148) states
that "Drainage: Standards for the control of grading, and
drainage are intended to minimize harmful effects of storm water
runoff and resulting inundation and erosion on 'proposed projects,
and to protect neighboring and downstream properties from
drainage.problems resulting from new developments. Under (9-
4.149 a) it states, "Drainage plans are required for a project
that involves land disturbance of more than one acre. The
problem I'm aware of here is that many of the required drainage
CC4/13/93
EXHIBIT C
(3)
plans have failed and no one seems to want to take responsibility
for the damage caused. If the engineers that the city is
trusting to design drainage plans for its citizens is not doing
an acceptable job, then the city needs to review the drainage
plans before accepting them. I think that limiting yourself to a
certain o of slope is wrong. You could have property with an 8%
slope that could have a drainage problem. Each property needs to
be judged on its own. If there is a drainage problem, control
it.
If these ordinances are not going to be enforced than they should
be changed. There is no reason to keep them on the books if the
city is not following them
I would like to"address something that was said at the last City
Council meeting. In reference to one of the building sites I had
referred to;the term "grubbing" was used. It was explained that
grubbing isscraping the weeds off the surface. But I didn't
find the term "grubbing" in the zoning ordinance at all. its
definition in the dictionary is "To clear of roots and stumps by
digging. Or to dig up by the roots." This sounds Like something
that could cause environmental impacts on downstream properties
if sedimentation and erosion controls are not required.
if you agree with any or all of these suggestions I've made
tonight, please instruct the Community Development Director
and./or the City Manager to notify staff and the City Engineer of
the importance of enforcing these ordinances.
Silnc�erely,
A"l &6&"
Marcia McClure Torgerson
/m
a