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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 CC 04/13/92 Page 1 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. CC 04/13/92 Page 2 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 CC 04/13/92 Page 3 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 --- CC 04/13/92 Page 4 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 CC 04/13/92 Page 5 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. CC 04/13/92 Page 6 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- CC 04/13/92 Page 7 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. CC 04/13/92 Page 8 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. CC 04/13/92 Page 9 -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. CC 04/13/92 Page 10 E 7 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: CC 04/13/92 Page 11 ED BY: Exhibit A - (McNeil) Exhibit C - (Torgerson) Exhibit B - (DeMoralis) CC4/13/93 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, CC4/13/93 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 CC4/13/93 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. CC4/13/93 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. CC4/13/93 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