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Home My WebLink About051413 - CC Agenda-combined . yl 'a`$ i979CITY OF A TASCADERO CITY COUNCIL AGENDA Tuesday, May 14, 2013 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California City Council Closed Session: 5:00 p.m. City Council Regular Session: 6:00 p.m. CITY COUNCIL CLOSED SESSION: 5:00 p.m. 1. CLOSED SESSION -- PUBLIC COMMENT 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Labor Negotiators(Govt. Code Sec. 54957.6) Agency designated representatives: Wade McKinney, City Manager Employee Organizations: Atascadero Firefighters Bargaining Unit; Atascadero Police Association; Service Employees International Union, Local 620; Mid-Management/Professional Employees; Non- Represented Professional and Management Workers and Confidential Employees b. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Save Atascadero v. City of Atascadero, et al. San Luis Obispo Superior Court Case No. 128230 C. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(d)(1) William J. Vetter et al. v. City of Atascadero Case No. CV 128276 4. CLOSED SESSION -- ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION -- REPORT REGULAR SESSION — CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Mayor O'Malley ROLL CALL: Mayor O'Malley Mayor Pro Tem Sturtevant Council Member Fonzi Council Member Kelley Council Member Moreno APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1. Presentation to Outgoing Planning Commissioners 2. Presentation on History of Alvord Field, by Jean Alvord 3. Update on School Bond Projects by Atascadero Unified School District Superintendent Deborah Bowers A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken. DRAFT MINUTES: Council meeting draft minutes are listed on the Consent Calendar for approval of the minutes. Should anyone wish to request an amendment to draft minutes, the item will be removed from the Consent Calendar and their suggestion will be considered by the City Council. If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of the meeting.) 1. City Council Draft Action Minutes — April 23, 2013 ■ Recommendation: Council approve the City Council Draft Action Minutes of April 23, 2013. [City Clerk] 2. March 2013 Investment Report ■ Fiscal Impact: None. ■ Recommendation: Council receive and file the City Treasurer's report for quarter ending March 2013. [Administrative Services] 3. Alcoholic Beverage Control (ABC) License - Off-Sale Beer and Wine - PLN 2013-1457 / ABC 2013-016 - 7065 EI Camino Real (Grocery Discount Center ■ Description: Alcoholic Beverage Control license request to allow the sale of beer and wine at the Grocery Discount Center for consumption off-site. ■ Fiscal Impact: None. ■ Recommendation: Council adopt Draft Resolution "A" finding that public convenience or necessity would be served by allowing the issuance of a Type 20 ABC license for the sale beer and wine for off site consumption at Grocery Discount Center at 7065 EI Camino Real. [Community Development] 4. Zoo Green Parking Lot Design Contract Award (Contract for Professional Services) ■ Fiscal Impact: The Zoo Green Parking Lot contract is funded by Urban Greening Grant funds. The Urban Greening Grant does not require matching funds. ■ Recommendation: Council authorize the City Manager to execute a contract with North Coast Engineering, Incorporated, for the design of the City's Zoo Green Parking Lot improvements for an amount not to exceed $46,388.00. [Public Works] UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any current issues of concern to the City Council.) COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. Comments made during Community Forum will not be a subject of discussion. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council. Any members of the public who have questions or need information, may contact the City Clerk's Office, between the hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or mtorgerson atascadero.org.) B. PUBLIC HEARINGS: 1. Weed Abatement — Hearing of Objections ■ Ex Parte Communications: Ex Parte communications are any communications to a Council Member, concerning a pending matter before the Council, that occur in the absence of the other Council Members. Examples may include conversations, site visits, public meetings, etc. ■ Fiscal Impact: None. Costs of the weed abatement program are recovered through the assessments charged to non-compliant parcels that must be abated by the City Contractor. Those property owners who comply with the Municipal Code are not assessed or charged. ■ Recommendations: Council: 1. Hear all objections to the proposed removal of vegetative growth and/or refuse and allow or overrule any objections, and, 2. Authorize the Fire Chief to proceed and perform the work of abatement. [Fire] C. MANAGEMENT REPORTS: 1. Oak Ridge Estates / 3F Meadows PD-11 — State Route 41 (Morro Road) / Los Altos Road Intersection ■ Fiscal Impact: None. ■ Recommendation: Council find that the proposed "Caltrans Standard 405.7 intersection with a right turn taper" improvements at the intersection of State Route 41 (Morro Road) and Los Altos Road satisfy the requirements of the Atascadero Municipal Code, Planned Development 11 for a "right-turn lane". [Public Works] 2. Appointment of the Initial Advisory Board for the Atascadero Tourism Business Improvement District and Establishment of the Rules and Procedures for the District ■ Fiscal Impact: There will be ongoing costs of administration of the ATBID, which will be partially covered by a 1% administration fee charged against the assessments. ■ Recommendation: Council adopt the Draft Resolution for the appointment of the initial Advisory Board for the Atascadero Tourism Business Improvement District and the establishment of the Rules and Procedures for the District. [City Manager] 3. Stormwater Drainage Standards and Stormwater Guidance Document Update ■ Fiscal Impact: $35,000 for Public Works plan-checking assistance. ■ Recommendations: Council: 1. Receive an update regarding the City's efforts to develop and implement new drainage standards and a Stormwater Guidance Document that are required by the State of California; and, 2. Direct Staff to implement the stormwater program using in-house staff and proceed with hiring assistance for Public Works plan-checking. [Public Works] COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) 1. Mayor Tom O'Malley Discussion of a memorial honoring Ernie Porter. D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor O'Malley 1. City / Schools Committee 2. County Mayors Round Table 3. Integrated Waste Management Authority (IWMA) 4. SLO Council of Governments (SLOCOG) 5. SLO Regional Transit Authority (RTA) Mayor Pro Tem Sturtevant 1. City / Schools Committee 2. City of Atascadero Finance Committee 3. Community Action Partnership of SLO County 4. League of California Cities — Council Liaison Council Member Fonzi 1. Air Pollution Control District 2. City of Atascadero Design Review Committee 3. Oversight Board for Successor Agency to the Community Redevelopment Agency of Atascadero 4. SLO Local Agency Formation Commission (LAFCo) - alternate Council Member Kelley 1. Atascadero State Hospital Advisory Committee 2. City of Atascadero Design Review Committee 3. Economic Vitality Corporation, Board of Directors (EVC) 4. Homeless Services Oversight Council Council Member Moreno 1. California Joint Powers Insurance Authority (CJPIA) Board 2. City of Atascadero Finance Committee (Chair) E. INDIVIDUAL DETERMINATION AND / OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURNMENT: Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the May 14, 2013 Regular Session of the Atascadero City Council was posted on May 7, 2013, at the Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 7th day of May, 2013, at Atascadero, California. Victoria Randall, Deputy City Clerk City of Atascadero City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. unless there is a Community Redevelopment Agency meeting commencing at 6:00 p.m. in which event the Council meeting will commence immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held at the City Hall Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped for future playback. Charter Communication customers may view the meetings on Charter Cable Channel 20 or via the City's website at www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City Clerk for more information (470-3400). Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6907 EI Camino Real, Atascadero, and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Mayor and Council. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations must be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Mayor 2. Give your name (not required) 3. Make your statement 4. All comments should be made to the Mayor and Council 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present 6. All comments limited to 3 minutes The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. ITEM NUMBER: A- 1 DATE: 05/14/13 F1_ ®RF-,lp n o� 1915 R NOD --- C� E; � CITY OF ATASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, April 23, 2013 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California City Council Closed Session: 5:00 p.m. City Council Regular Session: 6:00 p.m. CITY COUNCIL CLOSED SESSION: 5:00 p.m. Mayor O'Malley announced at 5:00 p.m. that the Council is going into Closed Session. 1. CLOSED SESSION -- PUBLIC COMMENT - None 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Labor Negotiators(Govt. Code Sec. 54957.6) Agency designated representatives: Wade McKinney, City Manager Employee Organizations: Atascadero Firefighters Bargaining Unit; Atascadero Police Association; Service Employees International Union, Local 620; Mid-Management/Professional Employees; Non- Atascadero City Council Draft Minutes of April 23,2013 Page 1 of 10 ITEM NUMBER: A- 1 DATE: 05/14/13 Represented Professional and Management Workers and Confidential Employees b. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Save Atascadero v. City of Atascadero, et al. San Luis Obispo Superior Court Case No. 128230 4. CLOSED SESSION -- ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION -- REPORT City Attorney Pierik announced that there was no reportable action taken. REGULAR SESSION — CALL TO ORDER: 6:00 P.M. Mayor O'Malley called the meeting to order at 6:04 p.m. and Council Member Moreno led the Pledge of Allegiance. ROLL CALL: Present: Council Members Kelley, Moreno, Fonzi, Mayor Pro Tem Sturtevant, and Mayor O'Malley Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Russ Thompson, Fire Marshal Tom Peterson, Police Chief Jerel Haley, and City Attorney Brian Pierik. APPROVAL OF AGENDA: MOTION: By Mayor Pro Tem Sturtevant and seconded by Council Member Fonzi to approve the agenda. Motion passed 5:0 by a roll-call vote. Atascadero City Council Draft Minutes of April 23,2013 Page 2 of 10 ITEM NUMBER: A- 1 DATE: 05/14/13 PRESENTATIONS: 1. Proclamation for "Ehlers-Danlos Syndrome Awareness Month" Council Member Fonzi presented Christina Rightmer the proclamation. Assemblyman Achadjian representative Kevin Drabinski also presented Ms. Rightmer a proclamation on behalf of Assemblyman Achadjian and the State Assembly. 2. Proclamation for "Bike Month" Mayor O'Malley announced the upcoming event "Cycle De Mayo" in honor of Bike Month. 3. Life-Saving Awards Presented to Commander Joe Allen, Officer Kellye Netz, Officer Christopher Hall, Corporal John Taylor and Corporal Matthew Chesson by Atascadero Police Department Police Chief Haley presented the Life-Saving Awards. 4. Employee Service Awards City Manager McKinney presented employee service awards to the following employees: 10 years Police Corporal Scott Pipan 5 years City Attorney Brian Pierik A. CONSENT CALENDAR: 1. City Council Draft Action Minutes — April 9, 2013 ■ Recommendation: Council approve the City Council Draft Action Minutes of April 9, 2013. [City Clerk] 2. Establishment of the Atascadero Tourism Business Improvement District (ATBID) Second Reading of Ordinance ■ Fiscal Impact: There will be ongoing costs of administration of the ATBID, which will be partially covered by a 1% administration fee charged against the assessments ■ Recommendation: Council adopt on second reading, by title only, the Draft Ordinance, adding Chapter 16 to Title 3 of the Atascadero Municipal Code, establishing the Atascadero Tourism and Business Improvement District. [City Manager] Atascadero City Council Draft Minutes of April 23,2013 Page 3 of 10 ITEM NUMBER: A- 1 DATE: 05/14/13 3. Supplemental Law Enforcement Services Fund ■ Fiscal Impact: The City will receive the $100,000 grant of SLESF restricted funds and will utilize it for frontline police services. ■ Recommendation: Council designate and approve spending plan for 2012/2013 Supplemental Law Enforcement Services Fund (SLESF) monies in the amount of $100,000 to be used for frontline police services. [Police] 4. Weed/Refuse Abatement Program ■ Fiscal Impact: The City recovers costs for administering this program through the 150% administrative fee, which is placed on the San Luis Obispo County Special Tax Assessment for the fiscal year 2013-2014 Tax Roll. ■ Recommendation: Council adopt the Draft Resolution, declaring vegetative growth and/or refuse a public nuisance, commencing proceedings for the abatement of said nuisances, and placing all abatement fees on the San Luis Obispo County Special Tax Assessment for the fiscal year 2013-2014 Tax Roll. [Fire] 5. Eagle Ranch Annexation and Specific Plan - PLN 2008-1280 - EIR Contract Authorization ■ Fiscal Impact: Processing the EIR will be revenue neutral to the City of Atascadero. The project applicant (Eagle Ranch, LLC) will be responsible for the payment of all consultant costs related to the preparation of the EIR. The City's cost recovery fees require that a 10% administration fee be paid to cover staff time related to preparing the EIR. ■ Recommendation: Council authorize the City Manager to execute a contract with FirstCarbon Solutions - Michael Brandman Associates (FCS- MBA) in the amount $579,590.00 to provide professional services for the preparation of an Environment Impact Report (EIR) for the Eagle Ranch Annexation and Specific Plan. [Community Development] 6. March 2013 Accounts Payable and Payroll ■ Fiscal Impact: $11,122,198.38 ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for March 2013. [Administrative Services] Mayor Pro Tem Sturtevant pulled Item #A-1 & 2. Council Member Fonzi pulled Item #A-4 MOTION: By Council Member Moreno and seconded by Council Member Kelley to approve Item #A3, 5, & 6 of the Consent Calendar. Motion passed 5:0 by a roll-call vote. (#A-5: Contract No. 2013-014) Atascadero City Council Draft Minutes of April 23,2013 Page 4 of 10 ITEM NUMBER: A- 1 DATE: 05/14/13 Item #A-1 & 2 Mayor Pro Tem Sturtevant stated that he pulled Item #A-1 & 2 because he was not at the Council meeting of April 9t" and he would be abstaining on these items. Mayor O'Malley also stated that he would be abstaining from Item #A-2 as he has a conflict of interest. MOTION: By Council Member Kelley and seconded by Council Member Moreno to approve Item #A-1 & 2 of the Consent Calendar. Item #A-1: Motion passed 4:0 by a roll-call vote. (Sturtevant abstained) Item #A-2: Motion passed 3:0 by a roll-call vote. (O'Malley & Sturtevant abstained) (Ordinance No. 568) Item #A-4 Council Member Fonzi asked for clarification on the definition of refuse. Fire Marshal Peterson explained what the Fire Department is referring to concerning refuse. MOTION: By Council Member Fonzi and seconded by Mayor Pro Tem Sturtevant to approve the Consent Calendar. Motion passed 5:0 by a roll-call vote. (Resolution No. 2013- 006) UPDATES FROM THE CITY MANAGER: City Manager Wade McKinney gave an update on projects and issues within the City. COMMUNITY FORUM: The following citizens spoke during Community Forum: Jerry Clay, Linda Hendy, Tom Lewis, Jim Shannon, Christina Rightmer, and John Olson. Mayor O'Malley closed the COMMUNITY FORUM period. B. PUBLIC HEARINGS: None. Atascadero City Council Draft Minutes of April 23,2013 Page 5 of 10 ITEM NUMBER: A- 1 DATE: 05/14/13 C. MANAGEMENT REPORTS: 1. Partnership between the City and the Historical Society ■ Fiscal Impact: The City will lose $100 per year with the termination of the lease for the lower Rotunda. ■ Recommendations: Council: 1. Authorize the City Manager to execute the Agreement with the Atascadero Historical Society, terminating and dissolving the Lease Agreement entered into on July 27, 1993 with the Society by declaring that it is necessary to use the Lower Rotunda in the Historic City Hall for a Central Reception; and, 2. Authorize the City Manager to execute the Memorandum of Understanding that documents the establishment of a partnership between the City and the Society that will focus on preserving Atascadero's past and incorporating it into our future. [City Manager] Assistant to the City Manager Marcia McClure Torgerson gave the staff report and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: David Broadwater. Mayor O'Malley closed the Public Comment period. MOTION: By Council Member Fonzi and seconded by Council Member Kelley to: 1. Authorize the City Manager to execute the Agreement with the Atascadero Historical Society, terminating and dissolving the Lease Agreement entered into on July 27, 1993 with the Society by declaring that it is necessary to use the Lower Rotunda in the Historic City Hall for a Central Reception; and, 2. Authorize the City Manager to execute the Memorandum of Understanding that documents the establishment of a partnership between the City and the Society that will focus on preserving Atascadero's past and incorporating it into our future. Motion passed 5:0 by a roll-call vote. (#C-1.1: Contract No. 2013-015, #C-1.2: Contract No. 2013-016) Atascadero City Council Draft Minutes of April 23,2013 Page 6 of 10 ITEM NUMBER: A- 1 DATE: 05/14/13 2. General Plan & Housing Element Annual Progress Report 2012 (PLN 2006-1133) ■ Fiscal Impact: None. ■ Recommendation: The Planning Commission recommends: City Council submit the attached 2012 Annual General Plan and Housing Report to the State of California. Community Development Director Warren Frace gave the staff report and answered questions from the Council. PUBLIC COMMENT: None MOTION: By Mayor Pro Tem Sturtevant and seconded by Council Member Kelley to direct staff to submit the attached 2012 Annual General Plan and Housing Report to the State of California. Motion passed 5:0 by a roll-call vote. 3. Strategic Planning 2013 - Council Goals and Action Plan ■ Fiscal Impact: The two-year budget is based on the goals developed through the strategic planning process. While there is no direct impact as a result of the approval of this work plan, future budgets will be based on these goals, and specific projects may require the expenditure of funds or additional resources.. ■ Recommendations: Council: 1. Adopt the goals selected at the Strategic Planning Workshop of January 25-26, 2013; and, 2. Approve the related action plans implementing Council Goals. [City Manager] City Manager Wade McKinney gave the staff report and answered questions from the Council. PUBLIC COMMENT: None There was Council consensus, regarding the Remote Caller Bingo request, to process the request and charge only time and material. Atascadero City Council Draft Minutes of April 23,2013 Page 7 of 10 ITEM NUMBER: A- 1 DATE: 05/14/13 The City Council listed the following proposed amendments: • Promote Common Sense Regulations and Reform: o Add "Eliminate unnecessary ordinances and regulations" under Common Sense updates to City codes. • Provide High Quality Public Safety Services: o Add "Work with neighborhood residents to resolve neighborhood specific issues as the need arises" under Partnerships. • Promote the Atascadero Lake Park, Pavilion, Veterans Memorial and Zoo as an Event Center: o Add "Seek compatible land uses around the Lake Park Complex" under Goals. o Add "Review adequacy of current fee structure" under Improved Facilities and Infrastructure at the Lake Park Complex. • Pursue Economic Development o Add a fourth section, "Maintain capacity in staff to support projects and permit streamlining." There was Council consensus to list the Council's goals in the priority order used during their Strategic Planning Workshop in January: 1. Promote the Atascadero Lake Park, Pavilion, Veterans Memorial and Zoo as an Event Center 2. Pursue more connection between the City Council and Community 3. Promote Common Sense Regulations and Reform 4. Promote Environmental Stewardship 5. Pursue Economic Development 6. Provide High Quality Public Safety Services MOTION: By Council Member Moreno and seconded by Council Member Fonzi to: 1. Adopt the goals selected at the Strategic Planning Workshop of January 25-26, 2013; and, 2. Approve the related action plans, including the proposed amendments, implementing Council Goals. Motion passed 5:0 by a roll-call vote. Mayor O'Malley recessed the meeting at 8:30 p.m. Mayor O'Malley reconvened the meeting at 8:40 p.m. Atascadero City Council Draft Minutes of April 23,2013 Page 8 of 10 ITEM NUMBER: A- 1 DATE: 05/14/13 4. Strategic Planning 2013 Action Plan Update - Improved Plan Check Process ■ Fiscal Impact: None. ■ Recommendation: Council receive and file this report. Community Development Director Warren Frace gave the staff report and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: John Olson. Mayor O'Malley closed the Public Comment period. The City Council received and filed this report. COUNCIL ANNOUNCEMENTS AND REPORTS: The City Council Members made brief announcements. D. COMMITTEE REPORTS: Mayor O'Malley 1. County Mayors Round Table — last meeting was in Morro Bay and they discussed Tourism. 2. Integrated Waste Management Authority (IWMA) — Looking at food waste recycling. 3. SLO Council of Governments (SLOCOG) — Have been discussing CalTrans issues. Mayor Pro Tem Sturtevant 1. City / Schools Committee — The Lighthouse "Reality Tour" drug prevention program will be held at City Hall in May. Council Member Fonzi 1. Air Pollution Control District — Executive Committee Board has been formed and will meet on May 1 st Council Member Kelley 1. City of Atascadero Design Review Committee - Met with Taco Bell and discussed their remodeling project. Atascadero City Council Draft Minutes of April 23,2013 Page 9 of 10 ITEM NUMBER: A- 1 DATE: 05/14/13 Council Member Moreno 1. City of Atascadero Finance Committee (Chair) — Reviewing the budget process. E. INDIVIDUAL DETERMINATION AND / OR ACTION: None F. ADJOURNMENT: Mayor O'Malley adjourned the meeting at 9:37 p.m. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C. City Clerk / Assistant to the City Manager Atascadero City Council Draft Minutes of April 23,2013 Page 10 of 10 ITEM NUMBER: A - 2 DATE: 05/14/13 Atascau-bro Cityuntil March 2013 Staff Report - City Treasurer March 2013 Investment Report RECOMMENDATION: Council receive and file the City Treasurer's report for quarter ending March 2013. REPORT IN BRIEF: Cash and Investments Checking $ 494,838 Zoo Credit Card Deposit Account 10,059 Money Market Accounts 737 Certificates of Deposit 7,987,000 Government Securities 11,027,667 LAIF 14,911,926 Cash with Fiscal Agents 1,786,925 Cash in Banks at March 31, 2013 $ 36,219,152 Deposits in Transit - Outstanding Checks (327,54_8) Cash and Investments at March 31, 2013 $ 35,891,604 Investment Activity Securities Purchased: Purchase Date Description Type Cost Maturity Date None Securities Matured: Maturity Date Description Type Original Cost Amount Matured 01/07/13 Peoples State Bank CD $ 249,000 $ 249,000 01/23/13 Capital One Bank CD 100,000 100,000 01/29/13 South Georgia Bank CD 245,000 245,000 02/05/13 Horry County State Bank CD 245,000 245,000 02/07/13 Proficio Bank CD 245,000 245,000 Page 1 of 11 Investment Activity (continued) Securities Sold/Called Prior to Maturity: None Other Reportable Activities: None Page 2 of 11 CITY OF ATASCADERO TREASURER'S REPORT CASH&INVESTMENTS ACTIVITY SUMMARY for the quarter ending March 31,2013 CHECKING FISCAL ACCOUNTS INVESTMENTS AGENT TOTALS Balance per Banks at January 1,2013 1,073,647 $ 41,408,090 1,404,985 43,886,722 Receipts 8,501,594 18,240 381,940 8,901,774 Disbursements (16,569,344) - (16,569,344) Transfers In 14,049,000 6,550,000 - 20,599,000 Transfers Out (6,550,000) (14,049,000) - (20,599,000) Balance per Banks at March 31,2013 $ 504,897 * $ 33,927,330 $ 1,786,925 36,219,152 Deposits in Transit Outstanding Checks (327,548) Adjusted Treasurer's Balance $ 35,891,604 * This balance includes the balance of the Zoo Credit Card Deposit Account, which is the account established to receive the point of sale credit card transactions from the Zoo Gift Shop, and to disburse fees charged by the credit card processing service. 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M CC M rte+ M kTi M C M CG M C4 M C ` C F G. •� x 3k k �L ii :R 2 m : W 0 0 o c o City of Ataseadero Investments by 'Type March 2013 Government Cash with Securities Fiscal Agent 31% 5% LAIF Certificates - 42% of Deposit 22% Investment March 201.3 L,AIF $ 14,911,926 Certificates of Deposit 7,987,000 Government Securities 11,027,667 Cash with Fiscal Agent 1,786,925 Other 737 $ 35,714,255 Page 8 of I 1 City of Atascadero Investments by Maturity March 2013 One to Five Years 49% One Month to One Year 5% Within One Month 2% On Demand 44% Investment March 2013 On.Demand $ 14,912,663 Within One Month 690,000 One Month to One Year 1,715,000 One to Five Years 16,609,667 $ 33,927,330 * Cash with fiscal agent is not included in the totals for this graph because the amounts are restricted based on bond covenants,and therefore,the City doesn't not retain the option to liquefy these funds at will. Page 9 of 11 City of Atascadero Investments by Custodial Agent March 2013 Bank of New York UnionBank c i j 1, �vq''�a-�.&s '�..y<�� ,.,��sa �yS 53% 7 0 ,`.may�' K l '• ' "7-,,r State of Califomia 42% Custodial Agent March 2013 State of California $ 14,911,926 Union Bank I9,015,404 Bank of New York 1,786,925 $ 35,714,255 Page 10 of 11 City ®f Ataseadero Investment 'Field vs. 2-'Fear Treasury Field For the {quarter Ended March 31, 2013 1.20% 1.00% T 0.80% `m �T -. 0.60% 0.40% 33 wl l 0.20% 0.00% j ^ N <ell 5�Q O� 5mQ O� +City Yield 2-Yr Treasury Weighted Portfolio Yield 2-Yr Treasury Weighted Portfolio City Yield Yield March 2011 1.10% 0.82% June 2011 1,11% 0.58% September 2011 1.08% 0.44% December 2011 1.08% 0.45% March 2012 1.02% 0.48% June 2012 0.95% 0.43% September 2012 1.01% 0.41% December 2012 0.93% 0.36% March 2013 0.98% 0.36% Page f 1 of 11 ITEM NUMBER: A- 3 DATE: 5/14/13 Atascadero City Council Staff Report — Community Development Department Alcoholic Beverage Control (ABC) License Off-Sale Beer and Wine PLN 2013-1457 / ABC 2013-016 7065 EI Camino Real (Grocery Discount Center) (Alcoholic Beverage Control license request to allow the sale of beer and wine at the Grocery Discount Center for consumption off-site) RECOMMENDATION: Council adopt Draft Resolution "A" finding that public convenience or necessity would be served by allowing the issuance of a Type 20 ABC license for the sale beer and wine for off site consumption at Grocery Discount Center at 7065 EI Camino Real. DISCUSSION: The applicant has applied through the Department of Alcoholic Beverage Control (ABC) for a Type 20 license at their existing location at 7065 EI Camino Real. ABC defines a Type 20 license as: OFF SALE BEER & WINE — (Package Store) — Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are allowed on the premises. The site is zoned Commercial Retail (CR) and has a General Plan Land Use designation of General Commercial (GC). Food and beverage retail sales (including beer and wine for off- site consumption) is identified as an allowed use in the Commercial Retail zone per the Atascadero Municipal Code. ITEM NUMBER: A- 3 DATE: 5/14/13 Analysis: ABC requires a "letter of necessity or convenience" from the City in order to issue a new off sale beer and wine license at this location. Sections 23958 and 23958.4 of the Business and Professions Code (alcoholic beverages section) requires the local governing body of the area to determine that public convenience or necessity would be served by the issuance of another license. In this case, ABC has identified that there is not an overconcentration of alcohol licenses within the area; however, the letter from the City is still required by ABC to issue a new Type 20 license. The proposed site is located in census tract number 125.02, which allows up to six (6) licenses to exist in the census tract. There are currently five (5) licenses existing on the census tract. The Atascadero Police Department has reviewed the proposed application and does not have concerns or opposition regarding the issuance of an additional Type 20 license at this location. FISCAL IMPACT: None. ATTACHMENTS: 1. Location Map 2. Draft Resolution A ITEM NUMBER: A- 3 DATE: 5/14/13 Attachment 1 Attachment 1: Location Map �1O 1 7100 6k t'yr3 r Grocery Discount Center 7065 EI Camino Real 0 APN 030-081-042 01 ro �D GD \ • ry SAO _ � • 2 c� 0 30 5280 r1 3 6300 6 7305 _ 6 \ 01 F y fi4 650 i, 5 10y0 2 ;. ._. 6r 110, 660 205 f'�s 6050 \ 0 C F� X30 6150 180 685 O I ITEM NUMBER: A- 3 DATE: 5/14/13 Attachment 2 Attachment 2: Draft Resolution A DRAFT RESOLUTION "A" RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, FINDING THAT A PUBLIC CONVENIENCE OR NECESSITY WILL BE SERVED BY ALLOWING THE ISSUANCE OF A TYPE 20 ABC LICENSE AT 7065 EL CAMINO REAL ON APN 030-081-042 (GROCERY DISCOUNT CENTER / TAFT) WHEREAS, an application has been received from Neil R. Benson of Grocery Discount Center (7065 El Camino Real, Atascadero CA 93422) Applicant, and Jerry Taft (10125 Santa Clara Rd. Atascadero, CA 93422) Property Owner, to request that the Council make a finding of public convenience or necessity to allow the Department of Alcoholic Beverage Control to issue a Type 20 license for sale of beer and wine for off-site consumption, at an existing food and beverage retail store located at 7065 El Camino Real, (APN 030-081-042); and, WHEREAS, the site's current General Plan Designation is General Commercial (GC); and, WHEREAS, the site's current Zoning Designation is Commercial Retail (CR); and, WHEREAS, retail establishments that sell beer and wine for off-site consumption are an allowed use within the zoning district; and, WHEREAS, the Atascadero Police Department has reviewed the requested Type 20 off-sale beer and wine license and does not believe it presents any public safety concerns; and, WHEREAS, the City Council has determined that public convenience or necessity will be served by the issuance of a Type 20 off sale beer and wine license for an existing food and beverage retail store at 7065 El Camino Real; and WHEREAS, the City Council of the City of Atascadero considered the proposed application at a public meeting on May 14, 2013; and, NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to approve PLN 2013-1457 and determines that a public convenience or necessity will be served by the issuance of a Type 20 off sale beer and wine license to Grocery Discount Center 7065 El Camino Real. ITEM NUMBER: A- 3 DATE: 5/14/13 Attachment 2 On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Tom O'Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney ITEM NUMBER: A- 4 DATE: 05/14/13 Atascadero City Council Staff Report — Public Works Department Zoo Green Parking Lot Design Contract Award (Contract for Professional Services) RECOMMENDATION: Council authorize the City Manager to execute a contract with North Coast Engineering, Incorporated, for the design of the City's Zoo Green Parking Lot improvements for an amount not to exceed $46,388.00. DISCUSSION: Background: The Atascadero Lake Park frontage was re-constructed in 2012. The improvements consisted of new walkways, landscaping, and signage. However, the front dirt parking area was not improved with that project. The dirt area was not improved since City staff, with the assistance of the Low Impact Development Initiative staff, had previously developed a grant application to build a low impact development parking lot in this area. The grant application was submitted to the State in 2011. The City was notified by the State of California, Natural Resources Agency, that the City's Urban Greening Grant, Zoo Green Parking Lot Project (Project) grant funding was approved in January 2012. The Project funding consists of a no-match grant of $564,700.00. This means that the City is not required to come up with matching funds to complete the project's scope. The grant application scope was developed with the assistance Darla Inglis of the Low Impact Development Initiative. The project scope was written to satisfy the Natural Resources Agency requirement that applicants use natural systems, or systems that mimic natural systems, in the Project design. Therefore, the Project scope addresses three major elements, which include stormwater quality, stormwater infiltration/runoff, and the heat island effect. The Project is also proposing to reduce energy usage as much as possible which dovetails with the City's plans to reduce greenhouse gas emissions. The City developed a list of features that will satisfy the Project elements (or scope), which includes the following: • Pervious concrete for parking spaces • Bio-retention swales ITEM NUMBER: A- 4 DATE: 05/14/13 • Passive runoff treatment areas • Planting numerous trees and plants • Regular and pervious asphalt and concrete for the parking areas • Underground water detention/retention basins The City and Low Impact Development Initiative collaborated on design development drawings that will be used to finalize the project design. The design development drawing is included as Attachment 1. In order to meet budget requirements, the City has reduced the scope to include only the work in the new parking lot area. The drawing below shows work in the existing parking lot, but there is not enough grant money to design these features. Staff will consider applying for future grants in order to design and build those improvements. Staff is working very diligently to move this project to construction. Construction is slated to occur after the busy summer season. It is anticipated that the project will go to construction in September with completion in Late November 2013. Analysis: City staff solicited proposals for the Zoo Green Parking Lot Engineering Design Services. Two design proposals were received on April 15, 2013. The design proposals were reviewed for accuracy and compliance with the proposal requirements and ranked based on graded criteria. North Coast Engineering received the highest ranking. Staff has negotiated the price and services needed for this project with North Coast Engineering. The fee for the design services to be provided by North Coast Engineering is $46,388. Conclusion: Staff recommends that the City Council authorize the City Manager to execute a contract with North Coast Engineering in the amount of $46,388.00, for the design of the Zoo Green Parking Lot. FISCAL IMPACT: The Zoo Green Parking Lot contract is funded by Urban Greening Grant funds. The Urban Greening Grant does not require matching funds. The following table outlines grant funding uses and sources. ITEM NUMBER: A- 4 DATE: 05/14/13 FUNDING USES Design $ 46,388 Contingency 10% 4,639 Staff Time 4,000 Low Impact Development Initiative 4,973 Total Estimated Cost $ 60,000 FUNDING SOURCES Urban Greening Grant Grant Funds 60,000 Total Funding Sources $ 60,000 ALTERNATIVES: 1. Council may reject staff's recommendation and direct staff to reconsider the design firm choice. Staff does not recommend this action since the fall construction season will be missed and staff does not believe a better price could be achieved. ATTACHMENT: 1. Design Development Plan ITEM NUMBER: A- 4 DATE: 05/14/13 Attachment 1 Design Development Document xQ O CD c O c fioc r s o.r o`�g' 0 2' v oQ a e 8C,T otp-- ' 6n � � � 5 M � o = a o a o Y 00 CL W C OL a 9 6 4ga� o� a �aN $.ENo . .a @E o o E o E E o o.E ° W wM ' a705 Cc) n � Cn ° G ooff _F Q o ES .r �N cccr�, o c� ,o vay � n •nM •o m .f r..r, oc pE xm ❑ Q L7 A h Q h N O h V O n.N- N N 0 A b N O V N O M 4 O Ti Q o n 0. N 1.' f m / :.�:•, a .� .�`, rye; - -� 'r'�,�',�,, � _a I— �&cNC o rill �i �{ _V CL � 0 O Q:w-.�0 n �'S'_•. �'1 V I }��V�'� • 6 to _ _• r w O N so U CoA C V �C U x v ITEM NUMBER: B - 1 DATE: 5/14/13 1918 � f 19 � A tascadero City Council Staff Report — Fire Department Weed Abatement — Hearing of Objections RECOMMENDATIONS: Council: 1. Hear all objections to the proposed removal of vegetative growth and/or refuse and allow or overrule any objections, and, 2. Authorize the Fire Chief to proceed and perform the work of abatement. DISCUSSION: The Municipal Code, Section 6-13.03, addresses the abatement of vegetative growth and/or refuse, which constitute a hazard. The Fire Department conducted its initial inspection during the month of April. There are approximately 11,090 parcels within the City. Compliance with the Weed Abatement Section of our Municipal Code is a critical component of our Fuel Management Plan. The City of Atascadero does not want to be in the mowing business. The intent of this program is to encourage citizens to independently manage the weeds on their properties. An efficient Fuel Management Program helps the City keep wildland fires at a minimum and staffing down. The City charges each parcel the direct costs of the contractor plus an additional 150% fee as a fine to those properties that are not in compliance with the Municipal Code. This fee structure is intended to cover 100% of the cost of the weed abatement program, insuring that compliant property owners/tax payers do not subsidize the cost of the program. As part of the abatement process, the City Council is required to hear objections to the proposed removal of vegetative growth and/or refuse. This hearing allows any affected property owner to object to the proposed abatement of hazards on their property. ITEM NUMBER: B - 1 DATE: 5/14/13 FISCAL IMPACT: None. Costs of the weed abatement program are recovered through the assessments charged to non-compliant parcels that must be abated by the City Contractor. Those property owners who comply with the Municipal Code are not assessed or charged. ALTERNATIVES: No alternative is recommended. ATTACHMENTS: None. ITEM NUMBER: C - 1 DATE: 05/14/13 n 1918 � m_ P 1978 Atascadero City Council Staff Report — Public Works Department Oak Ridge Estates / 3F Meadows PD-11 State Route 41 (Morro Road) / Los Altos Road Intersection RECOMMENDATION: Council find that the proposed "Caltrans Standard 405.7 intersection with a right turn taper" improvements at the intersection of State Route 41 (Morro Road) and Los Altos Road satisfy the requirements of the Atascadero Municipal Code, Planned Development 11 for a "right-turn lane". REPORT IN BRIEF: The City Council directed that this item be placed on a Council agenda. This item was previously discussed before Council on April 10, 2012. At that time, Staff had thought that the City Engineer could make a decision on this issue based on Planned Development 11, which allows the City Engineer to make road design decisions for the City. For most projects this is the case. However, staff has since determined that this item must be acted on as a Council reconsideration of a previous November 22, 2005 Council action. The November 2005 Council action found the proposed 2005 improvements did not meet the intent of the Municipal Code, and the developer was directed to construct the improvements as described in PD-11. The developer has recently provided the City with additional information related to the intersection design, including a 1995 letter between the original developer's engineer (EDA) and Caltrans indicating a channelized right-turn was not required. The Developer is requesting that the November 2005 Council action be reconsidered based on information from the City's independent engineer analysis and input from Caltrans, and the Developer be allowed to construct the Caltrans Standard 405.7 intersection alternative. ITEM NUMBER: C - 1 DATE: 05/14/13 DISCUSSION: Background: This staff report describes the current status of the offsite improvement permit requirements related to the Los Altos/State Route 41 intersection (Los Altos/SR41). The project update presented in March of 2010 informed Council that the City had stopped issuing home construction permits. The City had stopped issuing permits because Oak Ridge Estates had not completed their onsite and offsite subdivision improvements as required by Planned Development 11 (PD-11). The original 3-F Meadows Ranch project was approved by the City Council in February 1995. The project included a lot line adjustment map (LLA 94005), a zone change (ZCH 94-001), which created the PD-11 zoning district, a colony road abandonment (RA 94-001), and the certification of an Environmental Impact Report. The project resulted in the reconfiguration of 115 existing residential lots on approximately 550 acres. The project created 111 single-family residential lots and one lot for a future water tank to serve the project. The other three lots were dedicated as 256 acres of open space. An additional 39 acres of conservation easements were created over the single-family lots. A project map is included in Attachment A. Summary: Project construction began in 2003 after the project was acquired by Castlerock Development. Since then, permits for 26 single-family homes have been issued and finaled. As a result of the economic downturn, construction on the project has been very limited since 2006. The last housing permit was issued in the summer of 2007. Currently a limited construction crew is maintaining the site and working on road improvements. One of the project requirements listed in PD-11, requires off-site road improvements at Los Altos/SR41 to be completed within three years of the issuance of Phase I housing permits. Staff sent a letter dated March 8, 2010, to Castlerock Development, stating that no further residential building permits will be issued for the project until these improvements have been completed. Staff has since been working with the Oak Ridge Estates to get the improvement constructed. The remainder of this report focuses on the offsite improvements at Los Altos/SR41. Analysis: Off-Site Improvements The suspension of project residential permitting is preventing the construction of additional dwelling units that could contribute additional traffic to Los Altos/SR41 . Therefore, there are currently no potential public safety issues caused by the non- compliance with PD-11. However, the Developer has been working to design and complete the required off-site improvements at Los Altos/SR41 so permit issuance may resume. ITEM NUMBER: C - 1 DATE: 05/14/13 Planned Development 11 requires the developer to construct the following Los Altos/SR41 improvements: 1. A Left-turn lane shall be constructed on State Highway 41 for eastbound traffic entering Los Altos Road. 2. Vehicle refuge lanes shall be constructed for vehicles turning left onto State Highway 41 from Los Altos Road. 3. Provide a minimum of five hundred fifty (550) feet of sight distance at the intersection of Los Altos Road and State Highway 41. 4. Advisory and warning signage shall be installed along State Highway 41 to advise drivers of the approaching intersection with Los Altos Road. 5. Designated right-turn lane shall be constructed on State Highway 41 for westbound traffic entering Los Altos Road. The aforementioned improvements must be constructed when the average daily traffic (ADT) on Los Altos Road reaches five hundred (500) vehicles per day, with the development of the twenty-seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1 , whichever is earlier. The improvements are now required since it has been over three years since the first building permits have been issued. City staff has met with the developer on numerous occasions to discuss the scope of the Los Altos/SR41 improvements. Castlerock has also been working with Caltrans and has received direction from Caltrans' staff regarding Caltrans' preferred intersection design alternative. Oak Ridge Estates previous owner also sought direction regarding Caltrans' preferred intersection alternative. The project's previous owner sought clarification on intersection design in early 1995. The first owner's consultant, EDA, met with Caltrans in March 1995 to discuss the intersection design. EDA sent a follow-up letter to Caltrans that outlined the scope of the improvements, which clarified the following (see attachment 2), this letter was recently provided to the City of Atascadero by Castlerock: • Left turn channelization is required only for 10 or more lots accessing SR4. • A right—turn lane is not required for cars turning off of SR41 to Los Altos Road or the lots. An eight foot shoulder is required for 150-200 feet along SR41. • A right turn acceleration lane from Los Altos to SR41 is not required. • A left turn acceleration lane for traffic from Los Altos or the driveways is not required. ITEM NUMBER: C - 1 DATE: 05/14/13 • 500 feet of sight distance is required in both directions. Caltrans subsequently responded that the EDA letter was correct regarding the improvements desired by Caltrans (Attachment 2). This represents Caltrans's initial direction regarding the needed improvements. Additional Caltrans direction was in June 2005 and more recently in November 2010. A 2005 Caltrans' plan review letter discussed the potential environmental impacts to the adjacent creek from right turn channelization. The 2005 letter informed Castlerock that Caltrans no longer desires right turn channelization lane and requested that the intersection be constructed to a Caltrans Standard 405.7 intersection with a right turn taper. The 2005 letter directed Castlerock to proceed with a right turn taper design. Castlerock subsequently asked the City Council in 2005 to accept the improvements that were preferred by Caltrans. The City Engineer presented the preferred alternative to Council on October 25 and November 22, 2005. Council rejected the alternative, as discussed below. Since that time Caltrans has reiterated its position in a 2010 letter re-confirming Caltrans' direction to use a Caltrans Standard 405.7 intersection with a right turn taper rather than a right turn channelization lane. Castlerock is requesting that the City reconsider this issue in order to determine if the Caltrans Standard 405.7 intersection right-turn taper intersection improvements requested by Caltrans are consistent with the requirements of PD-11 for a "right-turn lane." In support of their request, Castlerock submitted a detailed traffic engineering analysis from TPG Consultants. The TPG report supports Caltrans' direction and provided a supporting traffic analysis. TPG's data indicates that full right turn channelization lane was not warranted based on the Final Environmental Impact Report Traffic data. In addition, Castlerock has submitted another letter from Caltrans that reiterates the preferred intersection alternative is a Caltrans Standard 405.7 intersection with a right-turn taper. This letter is included at the end of Attachment 4. Staff obtained an independent analysis of the current and future traffic conditions resulting from the Oak Ridge Estates development. Staff retained a traffic engineer, W- trans, to determine whether PD-11's current, Los Altos/SR41 requirements are still warranted based on applicable traffic evaluation measures and standards. W-trans' report focused in on the question of whether the project-generated trips satisfy the warrant for right-turn channelization at Los Altos/SR41. W-trans' report looked at current and build-out levels of service (LOS) for the right-turn approach. ITEM NUMBER: C - 1 DATE: 05/14/13 FIGURE 1 - SHOWING CURRENT CONDITIONS SZ,, V. Existing intersection Los Altos ` does not include a Road right-turn taper State Route 41 t '41 1 �- EXISTING AC DIKE/EDGE OF ROAD t v According to W-trans, the left-turn approach (driving eastbound from Morro Bay) currently operates at a LOS A, during both the morning and evening peak hours. The right turn approach (driving westbound from the City) currently operates at LOS B and C, during the morning and evening peak hours. The report noted that the LOS does not change with the addition of project traffic that was estimated by the project Final Environmental Impact Report (FEIR). The project FEIR assumed that 50% of the traffic would use the SR41/Los Altos Road intersection and 50% would use the connection to Santa Lucia Road. W-trans also provided a more conservative analysis by assuming that 75% of the project trips would use Los Altos/SR41 . W-Trans concluded by stating that full project build-out would not warrant the installation of a westbound right turn lane on SR41 based on the project EIR as well as their more conservative analysis. W- Trans further concluded that a right-turn taper is warranted. The existing intersection does not currently include a full right turn taper (see Figure 1, above). Under the provisions of PD-11, the City Engineer has the ability to modify road improvement designs as long as the intent of the improvement is satisfied. However, Council has previously taken action on this subject so Council will need to make the decision. The previous Council voted to reject the Caltrans preferred intersection design on November 22, 2005. The meeting minutes indicate that Council was concerned about the safety of the new design, lack of additional traffic analysis and sight distance issues. The staff report and minutes are included as Attachment 2. Since that decision, additional traffic safety studies have been completed, the Acting City Engineer has found the proposed design consistent with the intent of PD-11 , and ITEM NUMBER: C - 1 DATE: 05/14/13 Caltrans has reiterated its position that the proposed Caltrans Standard 405.7 intersection with a right-turn taper is the preferred alternative, both environmentally and operationally. The City retained an Acting City Engineer In order to address the aforementioned Council concerns. The current City Engineer cannot make this decision because of a previous business relationship with Castlerock. Therefore, City staff hired Steve Sylvester from North Coast Engineering to act as the City Engineer in this instance. Mr. Sylvester is a California Registered Civil Engineer who has previously worked for the City of Atascadero as acting City Engineer in the 1990's. City staff tasked Mr. Sylvester with determining the necessity of a right turn channelization lane and refuge lane improvements for Los Altos/SR41 . This review is necessary since TPG and W-Trans have indicated that full right turn channelization lane is not warranted, and Caltrans' has provided Castlerock with direction to prepare an alternative intersection design. In summary, Mr. Sylvester's task was to determine if the improvement of a Caltrans Standard 405.7 intersection with a right-turn taper satisfies the intent of PD-11. Mr. Sylvester reviewed background documents and visited the intersection as well as consulted with W-Trans, City staff, and Caltrans. Mr. Sylvester's report is attached as Attachment 4. Mr. Sylvester's report makes the following finding and recommendations, which City staff will direct Castlerock to implement: 1. The results of two separate traffic evaluations prepared by registered traffic engineers (TPG and W-Trans) conclude that right turn channelization is not warranted for the Los Altos/SR41 intersection. 2. Caltrans has indicated that they are not requiring a full right-turn channelization lane or a center refuge lane based on existing plus project traffic volumes, lack of accidents, and environmental impacts at this location. Caltrans will require that the intersection be improved to a Standard 405.7 "standard public road approach intersection" (Caltrans Standard 405.7 intersection with a right-turn taper). Therefore, the intersection should be improved to meet the requirements of Figure 405.7 "Public Road Intersections" of the Caltrans Highway Design Manual. (See Figure 2, below and Attachment 5). *Caltrans clarified in a 2012 follow up letter that they have no position for or against a refuge lane. However, Caltrans did provide direction in 1995 that indicated an acceleration lane is not required. Caltrans current letter was only providing input on the right turn lane and sight distance. It should be noted that Caltrans does not have a standard design for a "refuge lane". The closest improvement would be a standard acceleration lane. The last clarification was ITEM NUMBER: C - 1 DATE: 05/14/13 that the sight distance Caltrans would require is greater than the City's PD-11 Requirement by 55 feet. The City's analysis indicates a refuge lane is not warranted and is consistent with Caltrans' 1995 direction on the acceleration lane. However, Castlerock's current design includes a refuge area, which is shown below. * _ • ? `• ' Right-turn taper (Caltrans Standard Los Altos ' 405.7) Road , •L Striped center State Route 41 r median 'vehicle }L refuge'. J / • o t • •• » �:�G jjti • . r y •ll- � FIGURE 2- RIGHT TURN TAPER DESIGN - CALTRANS' PREFERRED ALTERNATIVE 3. The current intersection configuration does not meet the Caltrans [standard] requirement, and sight distance and signage are inadequate for existing and project build out conditions. These items are required to be addressed in PD-11. 4. All other Traffic Safety mitigation measures as required by PD-11, including the sight distance and signage requirements, should be implemented. Lastly, Mr. Sylvester concludes by confirming that "...The intent of the EIR and PD-11 was to mitigate traffic impacts associated with development of the project. Based on information available at the time, the EIR and PD-11 required right turn and refuge lane improvements. Based on the updated information provided by the TPG and W-Trans reports, and the correspondence from Caltrans, it is my professional opinion that the substitution of a Standard 405.7 "standard public road approach intersection" (Caltrans Standard 405.7 intersection with a right-turn taper) improvement at the Los Altos/SR41 intersection would be consistent with the intent of PD-11 conditions 9- ITEM NUMBER: C - 1 DATE: 05/14/13 3.656(c)(3) (vi) and (ix) requirements for a "vehicle refuge lane" and "designated right turn lane..." Castlerock has also asked a local independent Civil Engineer to peer review the plans that were developed to comply with Caltrans' direction. Tartaglia Engineering reviewed the plans and has provided a letter indicating the plans are acceptable for submittal to Caltrans. This letter is included as Attachment 6. Conclusion: Castlerock has submitted additional information that responds to Council's 2005 concerns regarding safety at the intersection and the preferred environmental alternative. The Acting City Engineer has determined that a Caltrans Standard 405.7 intersection with a right-turn taper satisfies the intent of the EIR and PD-11. It appears that Castlerock has adequately addressed Council's previous concerns in regards to intersection traffic and safety and Caltrans' preferred environmental alternative. Lastly, Caltrans has the ultimate authority over the proposed intersection improvements regardless of the City's requirements. That said, staff will continue to work with Caltrans to insure that the intent of the improvements conform to the PD-11 requirements as much as possible. ALTERNATIVES: 1. Council may continue the item for more information or revised project design. 2. Council may find that the proposed Caltrans Standard 405.7 intersection with a right-turn taper improvement at the intersection of State Route 41 (Morro Road) and Los Altos Road does not satisfy the requirements of the Atascadero Municipal Code. Castlerock would be required to construct the improvements as cited in the Municipal Code. This alternative is not recommended since Caltrans has stated it prefers the Caltrans Standard 405.7 intersection with a right-turn taper alternative shown graphically in this staff report. Additionally, the Acting City Engineer has found that the proposed improvements meet the intent of PD-11. If Council chooses to approve Alternative No. 2, there will be greater environmental impacts to the creek that may not be able to be mitigated." FISCAL IMPACT: None. ITEM NUMBER: C - 1 DATE: 05/14/13 ATTACHMENTS: 1. Project Map 2. EDA letter to Caltrans 1995 and Caltransreply 3. Staff Report from the November 22, 2005 City Council Meeting 4. Council Minutes — November 22, 2005 5. Report by Acting City Engineer Steve Sylvester, North Coast Engineering 6. Draft Right Turn Taper Drawing 7. Letter from Tartaglia Engineering ITEM NUMBER: C - 1 DATE: 05/14/13 Attachment 1 Project Map Project Map 4 v w IMP : r r r �r 4W r r l r • 'Y r 1 ' i b r r ~ 4 1 d y � r i `V r Y j 1 - lw v r r V r- v r V r • � v f ' v '^� 7Rt : i ITEM NUMBER: C - 1 DATE: 05/14/13 Attachment 2 March 1995 Letters from EDA and Caltrans 3. 11Sloov E DA,a r, 4 r-41 `'^'t "Ou&r 7 "1 P i UVROMPT ASSOWIFS March 6, 1995 Caffrans P.O. Box 8114 50 Hguera Street San Luis Obispo, CA 93403 Ahn: Larry Newland He: Highway 41 at Los Altos Road (post-Mlle 11.45) and Driveway (Post-Mile 10.9) Dear Larry: ' Thank you far meeting with me to discuss specific Catfrarts criteria fe , we el�ereviewing the need for tutureproyements along Highway 41. .As discussed, 3-17 these portions of the highway as a result of comments outlined in the Final Elft for the from Meadows Project. Althnugh the bulk of this project lies e a si)nsignificant patter oe�a� these locations, the EIR has determined that there may The purpose t i this fetter is to which could require some modification to the highway. set of goals, which will in turn review our discussions whichre I uired improvements for ii allow us to formulatO Athese ars• The central tot:us allow us to proceed with any q of our meeting involved left-tum channelization, acceleration and deceleration s as summarized in the following issues: 1. Ott turn channeliT.dtlO - if a left tum is made onto a road of driveway serving less than 10 bts, then a dedicated lett-turn lane is not required. if 10 lots or more are served by a road connecting to Highway 41, then a left-turn lane is required. The stacking length is determined by the number of lots x 10 trips/lot/day X .10 = number of trip/peak hour. 2. R - r I v f�jy�iwav 4141 -provide an eight-toot wide shoulder beginning 150' - 200' from intersection. av41 - not 3_ Right- urn sn �-on nt QM Q d- WAY— E( required. 4. AGGLBtton lart+ � ffi2n1—roa"f dT!YQYLdX_4rghX 41- not required. 5 Site dfts_a ce _ 5p0' of sight distance is requ;red In both directions. P L A N N I N G C I V I L E N G I N E E R I N G L A N D S U R V E Y I N G 1320 NIPOMO ST.•• SAN LUIS 061SP0. CA^9340c 8 05 .54 9.5058 • FAX 805-231.3797 ITEM NUMBER: C - 1 DATE: 05/14/13 Mag 09 03 01 :23p EDR 1805) 5498704 p.3 N199a MarCh s �••`,. , Page 2 :`• ' pf'put meF;tin4 piaase r. 0"��Sng my understanding ou;or your time please iorwaid a letterours SPY a aforementioned items- Cali call me i you wish to end consideratlon- Sincerely, ENGINE RING DEVELOPMENT ASSOCIATES chael K. N dge i • FAX 805-549-8704 E N G I N E E R I N G D E V E L O P CVt E N T A 934010 i 805-549.8658 FAX 805-237-3797 ,Inn ti,onMn ST- SAN 1-0IS OBISPO^C AI A AA A05•237 1033 ITEM NUMBER: C - 1 DATE: 05/14/13 May 09 03 01 :23p EDA 18051 S498704 p. 4 13i1J•'85 DA:49 $'305 549 3077 CaLTRA\S �00] STA-FE(k CALrc)AK%"US1NES3.TF" {TAnON h�HOUSING AGENCY FETE WILSON.G-0--c' e DEPARTMENT OF TRANSPORTATION P.O.BOX&11 a SAN LUSS 0915?D,CA 53.".3 of i< 1rt:L[PPk1NC. (W'1 ¢atY5171 Tib[805}540-3259 Peat-ft-Fax Note 7671 Dau p#.—do, Yo Fe CoIDeO�• C•. r�+ui•r 's�rn'''• march 15, 1995 Fa:• _ Fax 5-SLO-041-].O-9/11.45 Route 41 lmprovewentc Mr. Michael Hodge C/O EDA 1320 Nipomo street San Luis Obispo, CA 93401 Dear Mr. Hodge: The purpose of this letter is to acknowledge your understanding of our meeting concerning improvements on Route 41. Based on your letter of March 6, 1995, it is clear to mo that you have a thorough understanding of Caltrans position regarding operational and safety standards on this facility. please be aware that prior to waking any improvements within the state right-of-way an encroachment permit must be obtained. Prior to obtaining an encroachment permit, you are required to have design plans reviewed by this office and an environmental document approved by the lead agency. Biological and archaeological surveys must specifically address impacts in the state right-of--way. Should you have further questions regarding encroachment permits, please contact Steve Senet, Permits Engineer, at (805) 549-3152. Specific questions concerning roadway geometry, sight distance, or other Caltrans standards should be directed to Deb Neumann in our Special Studies branch at (805) 549-3120. 1 want to thank you for your patience. If I can be of further assistance please call me at (805) 549-3683. Sincerely, �� once C. Newland District 5 Intergovernmental Review Coordinator cc: JT Gibbs, JA Vanzeventer, S SereS,BJ041hepebro s• > p1.slRlCT S• COA5T PROVICntiO QUALITY TAANSPagTATJCN CN THE CEe'7AAL / ITEM NUMBER: C - 1 DATE: 05/14/13 Attachment 3 November 22, 2005 Staff Report and Minutes c llPi l Atascadero City Council Staff Report — Public Works Department Oak Ridge Estates (3-F Meadows) Intersection State Route 41 and Los Altos Road Improvements RECOMMENDATION: Council find that the proposed improvements for the intersection of State Route 41 (Morro Road) and Los Altos Road meet the requirements of the Atascadero Municipal Code. DISCUSSION: Background: This agenda item is continued from the October 25th City Council Meeting. At this meeting, the staff report was given, public testimony was heard and the Council discussed the item. The Council and public expressed concern that the widened shoulder for right hand turns, in place of a right hand turn pocket, would not be adequate for future increased traffic volumes. The Council requested that Caltrans attend a future meeting to discuss this. Caltrans will attend this meeting to discuss the issues and answer questions. Analysis: Oak Ridge Estates (also known as 3-F Meadows) is a 111 lot planned development on the west side of Atascadero. The public improvements and homes for Phase 1 are under construction. The developer, Castlerock Development, has also begun the work on construction documents for Phases 2 thru 4. ITEM NUMBER: C - 1 DATE: 05/14/13 The conditions for development for this project are listed in the Atascadero Municipal Code section 9-3.656 "Establishment of Planned Development Overlay Zone No. 11: (PD 11)". One of the conditions requires the construction of improvements at the intersection of State Route 41 and Los Altos Road. The improvements consist of a left turn lane, a right turn lane, a vehicle refuge lane, signage and sight distance requirements. The conditions are listed in section 9-3.656 (c) (3) (v) thru (ix). These improvements were required based on comments by Caltrans to the 3-F Meadows Environmental Impact Report (See Attachment "A"). The project Civil Engineer, R. Thompson Consulting, has begun the design of the improvements to this intersection. Padre Associates has produced a Natural Environmental Study (NES) for the area affected by the construction. The NES has found that the construction of a right turn lane will have environmental impacts to the south east corner of the intersection. The impacts are caused by the relocation of a creek, removal of vegetation and loss of wetlands. (See Attachment B) The specific impacts, according the NES, are: • Loss of mixed willow series, a community of special concern • Removal of 3 coast live oak trees and substantial encroachment on 4 coast live oak trees • Possible take of birds protected under the Migratory Bird Treaty Act, as a result of construction activities • Temporary fill and permanent fill in waters of the U.S. • Temporary fill and permanent fill in jurisdictional wetlands • Impacts to CDFG defined wetlands The project Civil Engineer and environmental consultant looked for ways to reduce the environmental impacts of the improvements, while complying with the conditions of development listed in PD-11. They found that if they reduced the right turn lane into a widened shoulder for right hand turns that the impacts were substantially reduced, as follows (See Attachment C): • Avoid the loss of mixed willow series, a community of special concern • Reduce possible take of birds protected under the Migratory Bird Treaty Act, as a result of construction activities • Reduce temporary fill and permanent fill in waters of the U.S. • Avoid impacts to jurisdictional wetlands The project Civil Engineer forwarded the two plans to Caltrans for their review and comment. Caltrans responded as follows: "Although we initially indicated that a right turn channelization was desired, upon further evaluation we have determined that reconstructing the intersection to conform to the standard public road approach intersection, as shown in figure 405.2 of the Caltrans Highway Design Manual, will serve the traffic needs of this intersection while minimizing impacts to the creek." (See Attachment D). The developer of Oak Ridge Estates, Castlerock Development, Has ITEM NUMBER: C - 1 DATE: 05/14/13 requested that the improvement be constructed with a widened shoulder for right hand turns. Staff is looking for Council determination that the widened shoulder for right hand turns will meet the intent of PD-11. Following is the text from the Atascadero Municipal Code concerning the right hand turn requirement. (ix) Designated right-turn lanes shall be constructed on State Highway 41 for westbound traffic entering both Los Altos Road and the driveway serving Lots 109-112. Improvement plans for the right-turn lanes shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The right-turn lane for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred (500) vehicles per day, with the development of the twenty- seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. Conclusion: Staff has visited the site, discussed the issue with Caltrans and recommends the project be built with a widened shoulder for right hand turns. The original Caltrans recommendation was made without the benefit of a field review, detailed site design or Natural Environmental Study (See Attachment E). ALTERNATIVES: 1. Do not find proposed improvements for the intersection of State Route 41 (Morro Road) and Los Altos Road meet the intent of the requirements of the Atascadero Municipal Code. The developer would be required to construct the improvements with a right hand turn pocket. This would have increased environmental impacts. 2. Continue the item for more information or revised project design. ATTACHMENTS: Attachment A— Caltrans response letter to Project EIR dated October 26, 1994 Attachment B — Caltrans response letter to plan submittal dated June 15, 2005 ITEM NUMBER: C - 1 DATE: 05/14/13 Attachment A— November 22, 2005 Staff Report STA7�7 OF CALIFOAN11k-N-F51NESS.R,ANSPORTAMN AND MOUSING AGENCY y-ITE wkSOiq,G„r„„ DEPARTMENT OF TRANSPORTATION 00 Gov o,,, NNUASOGASPO.CA 9l.OI.4•1. T -r..ut,& letter 35 !I October 26, 1991 3F Meadows Ranch SLO41-11.45 State Clevinbhouse I400 Tenth Street,Room 121 Sacramento,CA 95314 3F Meadows Ranch Draft Environmental impact Re fx.)rt SCH 019-4061014 Calt_ans District 5 staff has reviewed the above referenced docurncnt, The following comments were geuetated.as a result of the review: PruFwsc(1 road cutuicctious to thr State Highway shall have left turn channclizations at the cxpcns: 35.1 of the de%clowr. which will have to meet cutTcnt Caltrans Sutndards, A field review with the developer will be necessary. Biologic:--1 and archeological sun'eys must be cumpleted turd cover and proposed work within the 35.2 State highwav richt-of-way. Any impacts found within the State ngltt-of-way must be included in the envu-onniental docuutcnts,with mitigation measures identified. Pace IV - D 1. The 1991 traffic volumes im.too old. The document crates ADT for Route 41 as 33.3 6460 on this segment. Our records show an ADT of 95W in 1993. Due to the resulting increase in right turn muvemenu,a designated right ttun hire will be required. Thant:you for the uppartunity to comment. If you have any questions,please contact me at(ROS) 549-3683. Sincereiv. Larry Newland Intergovernmental Review Coordinator SS:ss ITEM NUMBER: C - 1 DATE: 05/14/13 Attachment B - November 22, 2005 Staff Report SPATE OF CAS�FORWAARIO SSS TRANSPORTATION AkMJHOMING AGENCY _ _ ARNO4D SCNW'AN ZENEGQER .own DEPARTMENT OF TRANSPORTATION PERMITS DEPARTMENT 50 HIGUERA STREET SAN LUIS OBISPO.CA 93401-5415 a PHONE(805)349-3152 FAX (805)549.3062 TDD(805)$49-3259 http://www.daLco.lgv/distW Flex yore power Be energy e icieni June 15,2005 05-SLOG-41-11.45 Permit No.: Not assigned Mr. Russ Thompson,PE R.Thompson Consulting 7600 Morro Road Atascadero CA 93422 Dear Mr.Thompson: Subject: Preliminary Encroachment Permit Application Review—Castlerock Development-3F Meadows Thank you for submitting your Encroachment Permit Application for the off-site roadway improvements to State Highway 41 at the intersection of Los Altos Road in the City of Atascadero. With your application you included two improvement plans as we previously requested. One set of plans included right turn channelization improvements to Los Altos Road,and the other set showed improvements without a right turn lane. In comparing and evaluating the two plan sets,as well as reviewing the environmental impacts inventory you provided,we have concluded that constructing the right turn channelization would require extensive realignment of the creek and removal of most of the vegetation within the creek area. Furthermore,we recognize the difficulty and technical infeasibility of realigning the creek to the north due to environmental impacts and right of way constraints. Although we initially indicated that right turn channelization at this location was desired, upon further evaluation we have determined that reconstructing the intersection to conform to the standard public road approach intersection,as shown in Figure 405.2 of the Caltrans Highway Design Manual,will serve the traffic needs at this intersection while minimizing impacts to the creek. Please proceed with the reduced channelization design. If you have any questions or wish to discuss this matter please feel free to call me at (805)549-3497. 'Caltrans improves mobility scroac ralilornis' ITEM NUMBER: C - 1 DATE: 05/14/13 Mr.Thompson June 15,2005 Page 2 of 2 Sincerely, _r- Steve Senet, District Encroachment Permit Engineer cc James Kilmer Paul McClintic ITEM NUMBER: C - 1 DATE: 05/14/13 Attachment 4: Council Minutes- November 22, 2005 r sle X CITY OF ATASCADERO i CITY COUNCIL MINUTES Tuesday, November 22, 2005 7:00 P.M. CLOSED SESSION: 6:32 p.m. (Immediately Following Redevelopment Agency Meeting) 1. PUBLIC COMMENT — CLOSED SESSION — None 2. CALL TO ORDER a. Conference with legal counsel — Existing Litigation (Govt. Code Sec. 54956.9 (a)) 1. City of Atascadero v. Pacific Gas and Electric 3. ADJOURN: 6:49 p.m. 4. CLOSED SESSION REPORT City Attorney Patrick Enright announced that the Council met in closed session and no reportable action was taken. REGULAR SESSION: 7:00 P.M. Mayor Scalise called the meeting to order at 7:00 p.m. and Council Member Luna led the Pledge of Allegiance. ITEM NUMBER: C - 1 DATE: 05/14/13 ROLL CALL: Present: Council Members Clay, Luna, Pacas, O'Malley and Mayor Scalise Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson and Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Administrative Services Director Rachelle, Rickard, Public Works Director Steve Kahn, Community Services Director Brady Cherry, Community Development Director Warren Frace, Police Chief John Couch and City Attorney Patrick Enright. COMMUNITY FORUM: Ann Ketcherside spoke about tree removals in Atascadero and asked for clarification on the zoning for a private property located in Atascadero. Eric Greening spoke about appropriate mitigation for tree removals. He also suggested that local artists be permitted to display their work on the walls of the Council Chamber. Mitch Paskin spoke about San Marcos Road between Los Altos and the Castle Rock project and asked that he and his neighbors be kept informed about decisions made for the project that will affect the road. Mayor Scalise closed the Community Forum period. There was Council discussion regarding addressing the issue of Public Art in the Council Chamber at a strategic planning session. APPROVAL OF AGENDA: Mayor Scalise announced that Item #A-2 has been pulled from the agenda. MOTION: By Council Member Luna and seconded by and seconded by Council Member Clay to approve the agenda as amended. Motion passed 5:0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: None ITEM NUMBER: C - 1 DATE: 05/14/13 PRESENTATION: 1. Proclamation congratulating the Economic Opportunity Commission on its 40th Anniversary. Council Member Luna read the Proclamation and presented it to Jim Patterson, 5'h District Supervisor and Biz Steinberg, CEO of the Economic Opportunity Commission. Mr. Patterson spoke about the EOC and the services it provides to the community. Ms. Steinberg thanked the Council and the community for its efforts in support of their programs. A. CONSENT CALENDAR: 1. City Council Meeting Minutes — October 25, 2005 ■ City Clerk Recommendation: Council approve the City Council meeting minutes of October 25, 2005. [City Clerk] 2. Final Map 2005-0117 (Tract 2640) 1225 EI Camino Real (TTM 2004-0054) (ECR 24, LLC) ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Accept Final Parcel Map 2005-0117 (Tract 2640); and, 2. Reject, without prejudice to future acceptance, the offers of dedication for Streets, Open Space Recreation Easements, Public Utility Easement and Public Drainage Easement; and, 3. Accept offer of dedication for Public Access Easements; and, 4. Authorize City Manager to execute a Subdivision Improvement Agreement. [Public Works] Item #A-2 was pulled from the agenda. 3. Temporary Road Closure / Park Dedication — Holiday Lighting Ceremony — Winter Wonderland ■ Fiscal Impact: None. ■ Recommendation: Council approve Draft Resolution authorizing the temporary road closure for the community events scheduled to take place on Friday, December 2, 2005. [Community Services] ITEM NUMBER: C - 1 DATE: 05/14/13 4. Temporary Road Closure — Holiday Musical Walk Around the Lake ■ Fiscal Impact: None. ■ Recommendation: Council approve Draft Resolution authorizing the temporary road closure for the Holiday Musical Walk Around the Lake on December 3, 2005. [Community Services] MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Luna to approve Items #A-1, 3, and 4. Motion passed 5:0 by a roll-call vote. (Item #A-3 Resolution No. 2005-094, Item #A-4 Resolution No. 2005-095) B. MANAGEMENT: 1. Oak Ridge Estates (3-F Meadows) Intersection State Route 41 and Los Altos Road Improvements ■ Fiscal Impact: None. ■ Recommendation: Council find that the proposed improvements for the intersection of State Route 41 (Morro Road) and Los Altos Road meet the requirements of the Atascadero Municipal Code. [Public Works] Public Works Director Steve Kahn gave the staff report and answered questions of the Council. PUBLIC COMMENT Christine Rogers, Castle Rock Development, spoke about the project and answered questions of Council. Paul McClintic, Cal Trans, answered questions of Council. Council Member Pacas expressed concern with safety issues and the need for a right turn lane. Council Member Clay also spoke in favor of a right turn pocket. Brian Maul, San Marcos Road resident, gave specific examples of his concerns regarding safety issues at this intersection. Mitch Paskin, San Marcos Road resident, stated his views regarding safety, tree removals and retaining walls at this intersection. ITEM NUMBER: C - 1 DATE: 05/14/13 Ralph Bettman, San Marcos Road resident, urged the Council to look ahead at future impacts at this intersection and expressed his concerns with safety on San Marcos and Los Altos Roads. Steve Halmoridge, San Marcos Road resident, spoke about traffic safety at this intersection. Russ Thompson, applicant's representative, addressed issues raised during the Public Comment period. Mitch Paskin stated that the intersection improvement is Castle Rock's responsibility. Christine Rogers explained Castle Rock's position on the intersection. Will Arcularius, San Marco Road resident, spoke about inadequate signage and safety at this intersection. Mayor Scalise closed the Public Comment period. Mayor Scalise stated she was concerned with the permitting process and justifications, however, clearing brush and trees could contribute to safety at the intersection. Council Member Luna indicated he had hoped for another alternative to mitigate the environmental damage; something safe for the next 25 years and good for the neighborhood, however he does not see that this has happened. He stated he is not convinced that the original design is not a lot safer. Mayor Pro Tem O'Malley spoke about the importance of getting full cost recovery. He expressed concern regarding problems at the state level, safety, and lack of analysis and indicated he would support going back to the original recommendations. MOTION: By Council Member Luna and seconded by Council Member Clay to find that the proposed improvements for the intersection of State Route 41 and Los Altos Road does not meet the intent of the requirements of the Atascadero Municipal Code, and the implications of this decision is that the developer would be required to construct the improvements with the right hand turn pocket as originally designed. Motion passed 5:0 by a roll-call vote. C. COMMITTEE & LIAISON REPORTS: None ITEM NUMBER: C - 1 DATE: 05/14/13 D. INDIVIDUAL DETERMINATION AND/OR ACTION: City Attorney City Attorney Patrick Enright reminded Council of the Special Meeting on Tuesday, November 29tH E. ADJOURNMENT: Mayor Scalise adjourned the meeting at 8:25 p.m. to the next regularly scheduled meeting of the City Council on December 13, 2005. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Deputy City Clerk ITEM NUMBER: C - 1 DATE: 05/14/13 Attachment 5 Report by Acting City Engineer Steve Sylvester, North Coast Engineering NORTH COAST ENGINEERING, INC. Civil Engineering - Land Surveying - Project Development February 22. 2012 City of Atascadero Public Works Department 6907 EI Camino Real Atascadero, CA 93442 Attn David Athey. PE, Deputy Public Works Director Subject. Los Altosll-lighway 41 Right Turn Channelization and Refuge Lane Review Oak Ridge Estates Planned Development 11 (PD1 1) Dear Mr Athey, As requested by the City of Atascadero (City), North Coast Engineering (NCE) has prepared the following review of the necessity for right turn channelization and refuge lane Improvements for the Los Attos]Highway 41 intersection. Our analysis is based on a review of relevant background documents, conversations with W-Trans Inc., City and Caltrans staff. and a site visit. Reference Documents The following documents, provided by City staff. were reviewed 1. 3F Meadows Environmental Impact Report, December, 1994 by sedes. 2. Planned Development Overlay Zone No. 11 (PD1 1). 3 Correspondence (2) from Steve Senet, Department of Transportation, dated June 15, 2005 and November 9, 2010. 4. 'Traffic Evaluation for the intersection of SR41 (Morro Road) at Los Altos Road', by TPG Consulting dated October 29, 2009 5 'Los Altos Road/State Route 41 Intersection Evaluation by W-Trans dated December 21, 2011 6 Preliminary Intersection plans by RTC (no date). 72S Creston Road,Suite B Paso Robles CA 93446 (805)239-3177 FAX(805)739.0758 ITEM NUMBER: C - 1 DATE: 05/14/13 David Athey City of Atascadero February 22,2012 Page 2 of 5 Background Oak Ridge Estates(formerly 3F Meadows) is a 110 single family home development on the west side of Atascadero. Approximately 20 residential units have been constructed and occupied. Primary access to the development is from Los Altos Road at Highway 41 (SR41). A secondary access from Cenegal, Laurel and Santa Lucia Roads is planned for a future phase of the project. In 1994 an Environmental impact Report (EIR) was prepared for the project. The EIR included a review of "Traffic Safety" which established mitigation measures for project impacts. Mitigation Measure 3.c requires the following road upgrades for SR41 to mitigate safety hazards created by the increased traffic volume at Los Altos Road: "2) Develop a refuge lane for vehicles turning left onto Morro Road from Los Altos Road "3)Develop right turn lane for West bound Morro Road traffic" A number of other mitigation measures are required for this location but are not included in this review. The other mitigation measures include a left turn pocket, and sight distance and signage improvements. In 1995, the City approved Planned Development 11 (PD-11) for the project. Among other development requirements, PD-11 established conditions of approval for the project. PD-11 incorporated all of the Traffic Safety mitigation measures in the EIR, including the requirements for the SR41 refuge lane and right turn lane at Los Altos Road. The EIR assumed that 50% of total project trips would be directed to the Los Altos/SR41 intersection, but it does not appear that a formal peak hour trip review or intersection analysis was prepared. A Level of Service analysis was also not prepared. The recommendation for the right tum lane appears to be based on a California Department of Transportation (Caltrans) EIR comment fetter. Caltrans' letter requested two mitigations,the first was the left turn channelization, and the second was a right turn lane based on their 1993 traffic volumes. Caltrans has subsequently changed its position on right turn channelization after they reviewed plans submitted for an encroachment permit in 2005. A June 15, 2005 letter from Steve Senet, Caltrans Permit Engineer, to the project's representative, indicates that Caltrans will no longer require the right turn channelization because of a lack of traffic accidents, extensive creek realignment requirements, environmental concerns, and right of way constraints. Caltrans is requiring the intersection meet the ITEM NUMBER: C - 1 DATE: 05/14/13 David Athey City of Atascadero February 22,2012 Page 3 of 5 requirements of the "standard public road approach intersection", which would require tapers (extensions of paved shoulder)from SR41, but not full right tum improvements or a refuge lane. Caltrans has since reiterated their position in a November 9, 2010 letter from Steve Senet to the project's representative. Mr. Senet states that as long as the project trips do not increase then Caltrans position of improving the intersection to the "standard public road approach intersection" would remain. Based on my review of the traffic analysis reports from TPG Consulting and W-Trans, the total number of project trips has not changed and therefore Caltrans'determination would still apply. In order to determine if project traffic conditions have changed, two separate traffic evaluations have been prepared for this intersection. The first, prepared on behalf of the developer by TPG Consulting, includes updated traffic counts, a Level of Service analysis, a speed survey, accident research, and a review of right tum channelization requirements based on the Caltrans Highway Design Manual. This report followed the assumptions in the EIR that 50% of project traffic would utilize this intersection. The report concluded that with project buildout, acceptable levels of service would be maintained, and that lacking any accident history at the location, right turn channelization is not warranted. This evaluation is consistent with Caltrans' position. A second, independent traffic evaluation was prepared by W-Trans on behalf of the City. This study included a review of projected traffic volumes, a Level of Service analysis, review of collision history, and a Turn Lane Analysis. This study took a more conservative approach to trip generation in that it used a higher trip generation factor per residence, and assumed that 75% of project traffic would utilize this intersection instead of the 50% used in the EIR and TPG report. W-Trans concluded that even with the more conservative, increased trip rate and usage percentage, the intersection levels of service would be acceptable. The City's independent evaluation also is consistent with Caltrans' position. In addition, W-Trans reviewed the collision history for the area and determined that there were two collisions within 150 feet of the intersection in the time period of January 1, 2005 through December 31, 2009. W-Trans determined that the collision rate is a little over half of the statewide average for accidents near similar intersections. Therefore, W-Trans concluded, based on all the factors that"While a right-turn taper is warranted based on anticipated p.m. peak hour volumes under Existing plus Project conditions, a full right-turn lane is not warranted under these conditions." W-Trans's conclusion is based on the traffic collision analysis,the level of service analysis, and the turn lane analysis. W-Trans further concluded that a refuge lane (also referred to as left turn acceleration lane) is not warranted. ITEM NUMBER: C - 1 DATE: 05/14/13 David Athey City of Atascadero February 22,2012 Page 4 of 5 A site visit was conducted during the P.M. Peak Hour by the undersigned on Wednesday, January 11, 2012. The purpose of the visit was to observe existing intersection conditions. The following observations were noted: 1. There were no significant delays experienced in making the left turn from Los Altos Road onto SR41; there were adequate gaps in the cross traffic to allow this turn. 2. The sight distance to the east towards town appears to be obstructed by existing vegetation. 3. Signage approaching the intersection (westbound)is inadequate. 4. The existing intersection configuration does not appear to meet the requirements of a Caltrans 405.7"standard public road approach intersection". 5. Traffic turning right on to Los Altos Road must reduce speed significantly in the travel lane, due to the lack of an adequate taper as well as the limited sight distance and inadequate signage. This causes traffic behind the turning vehicle to slow down and/or encroach in to the oncoming lane to pass the turning vehicle. Conclusions and Recommendations 1. The results of two separate traffic evaluations prepared by registered traffic engineers conclude that right turn channelization is not warranted for the SR41/1-os Altos Road intersection. 2. Caltrans has indicated that they are not requiring a full right turn channelization or a refuge lane based on existing plus project traffic volumes, lack of accidents, and environmental impacts at this location. Caltrans will require that the intersection be improved to a Standard 405.7 "standard public road approach intersection." Therefore, the intersection should be improved to meet the requirements of Figure 405.7'Public Road Intersections"of the Caltrans Highway Design Manual. 3. The current intersection configuration does not meet the Caltrans requirement, and sight distance and signage are inadequate for existing and project buildout conditions. These items are required to be addressed in PD1 1. 4. All other Traffic Safety mitigation measures as required by PD1 1, including the sight distance and signage requirements, should be implemented. ITEM NUMBER: C - 1 DATE: 05/14/13 David Athey City of Atascadero February 22, 2012 Page 5 of 5 The intent of the EIR and PD11 was to mitigate traffic impacts associated with development of the project, Based on i-iformation available at the time, the EIR and PD11 required right turn lane and refuge lane improvements. Based on the updated information provided by the TPG and N'-trans reports, and the correspondence from Caltrans, it is my professional opinion that the substitution of a Standard 405.7 'standard public rcad approach intersection" improvement at the SR41/t-os Altos intersection would be consistent with the intent of PD-11 conditions 9-3.656(c)(3) (vi) and (ix) requirements for a "vehicle refuge lane" and "designated right-turn lane". Respectfully submitted, gpF e I s yl l,� F 1 " 29743 Steven J. Ive�ter, PE * Exp. s/ i Principal Engineer sr �* crvn � �rFOF CA1 � SJS/mlp Attachments 1. Standard 4057 intersection detail 2. PD-11 conditions 9-3.656(c)(3)(vi) and (ix) 3. Correspondence from Steve Senet Department of Transportation, dated June 15, 2005 4. Correspondence from Steve Senet Department of Transportation, dated November 9, 2010 ITEM NUMBER: C . 1 DATE 0$1+13 HIGHWAY DESIGN MANUAL 400-31 >. Ez i Figur 405.7 Public Road Intersections f ) k jk � � / \ Q {� /: 7 ` )\ > x tn §/ d & CL 9 « G ..CU | k� C" / CO ƒ8 &§ CUI Q 00 Cn �G fm x ~ \ _- § k k CO �£ Bb U Ln >m m - C2 9 § t $ G r ( w 0 0 0 LN| c <-6 2 x i t'i v |� | > x _ N § aJO ,k I —� 2i � x � \ 2 , »S fm u 0 f EE x 2 )� \ �/ 2 13 .92 2 Do q q A q 9 0 | M �> �� | » 22 �0 0 9 2a 0 0 o � I w m l - Q fi x ` 2 2 7 � k ce 15\ > � \ § .20 (m k $ Er V \ \k_oIn Q LU3 , z `- m§ k � + \ k/ Cr C\ : Q� ITEM NUMBER: C - 1 DATE: 05/14/13 9-3.6%Establishment of Planned Development Overlay Zone No. 11: (PD1 1). The Planne d D evel opment Overlay Z one No. 11 is establi shed as shown on the ofncial zoning maps(Section 9-1.102 of this title). The conditions of development are established: Conditions of Approval. (a) Planning Division. (1) To ensure conformance with the provisions of the PD-11 Overlay Zone,a master plan of development shall be prepared which satisfies all of the following conditi ons pri or to the recordati on o f any final do cument impl ementing Lot Line A dj ustment 94-0 0 5. The Master D evel opment Plan shall consist of the one(1)inch equal s forty(40) feet plans entitl e d"Pre ci se Road Alignment/Lot Grading Plan,"amended and supplemented,as required by these conditions. (2) A Miti gati on Monitoring Pro gram,prepared in confnrniancewith the Mitigation Monitoring Plan contained in the final EIR fnr this proj ect, shall be prepared and implemented prior to the commence- mentofany construction.Preparation o f the Miti gati on Monitoring Pro gram shall be the financial responsibility of the appli cant (3) The applicant shall demonstrate,to the satisfaction of the City Attorney,that adequate title and/or interest has been obtained for the existing C olony rights-of-way within the project boundary prior to approval of the Master Development Plan. (4) The Master D evel opment Plan shall show the location of building envelopes, leach field areas,and driveways for lots whose average slope exceeds thirty percent(30%). The buil ding,l ea ch fi el d and driveway 1 o cati ons shall b e subj ect to the revi ew and approval o f the Community Development Director. (5) Open space easements to provide wildlife corridors shall be provided in conformance with the recommendations of the Final EIR. Limits on fencing and other detrimental uses within easement areas shall be restricted by the proj ect CC and R's. The location ofthe easements and CC and restrictions shall be subject to the revi ew and approval of the C ommunity D evel opment Director. (6) The"Open Space'lots(Lots A,B and C)as shown on Exhibit B shall be offered for dedication to the City. (7) Road Abandonment 94-001 shall be completed and all necessary documents shall be recorded prior to, or simultaneously with the recordation of any final documen(s) implementing LLA 94-005. ITEM NUMBER: C - 1 DATE: 05/14/13 (8) Retaining walls shall be used wherever feasible to reduce the amount of grading necessary 8br the construction of roads and homes. Grading plans shall be reviewed by the City Engineer and Community Development Director to ensure that proposed grading does not exceed that necessary to develop the site. (9) Road maintenance agreements,in a fbrm approved by the City Attorney,shall be prepared and recorded Sbr each group of lots which share a driveway or other common access. The agreements may be made a part of the CC and R's,or may be recorded as deed restrictions, or may b e recorded as separate roa d maintenance agre ements. (10) The applicant shall prepare a Comprehensive Restoration Plan(CRP)as part of the road improvement plans. The CRP shall be prepared by a qualified professional and shall address plant lists,planting methods(to include slope preparation,mulching and slope protection),and a maintenance program,including weed control and irrigation. The CRP shall be reviewed and approved by the City Engineer and Community Development Director prior to the issuance ofpemuts for road construction. (11) The lot line adjustment shall not result in the establishment of any greater number ofIots that are nonconforming due to lot sizethan currently exists. The lot line adjustment shall not result in the establishment of any lot which is smaller than the smallest currently existing Colony lot within the subject site. (b) FireDepartment. (1) Water Supply. (i) Prior to final occupancy release by the City,the minimum required fire flow shall be one thousand(1000)gallons per minute at twenty(20)psi residual pressure fibra one- hundred-twenty(120)minute duration in residential development, or as approved by the Fire Chief. The required fire flow will increase,as provided in UFC Appendix III-A,based on square feet o f residential construction,with a fiftypercent(50%) fire flowcredit for automatic sprinkler systems. V erification must be provided from water company or fire department records in established areas or by a proof of design test at the completion of new on-site water main construction. Homes designated strictly as model homes and/or sales offices,but with no residential occupancy,shall be granted exemption from the required fire flow as approved by the Fire Chief. (ii) Underground fire service mains and appurtenances shall conform to HFPA 24 minimum standard and plans are reviewed by the Fire Department prior to installation. The underground main size shall be a minimum of eight(8)inch diameter. If combustible building materials are used,a temporary onsite water tank with an approved Fire Department connection shall be installed prior to any stockpiling or installing any combustible materials. ITEM NUMBER: C - 1 DATE: 05/14/13 (iii) Fire Hydrants. The minimum number and distribution of fire hydrants is one(1) hydrant every five hundred(500) fleet as provided in UFC Appendix III-B. The fire hydrant will be Atascadero Mutual Water C ompany specification with one four and one-half(41/z)inch and one or more two and one-half(2/z)inch outlets.Existing hydrants may be adequate,provided they consist of a minimum of one four and one-half(41/)inch and one two and one-half(21/) inch outlet. New hydrant color will be Safety Yellow for public right-of-way and Safety Red for private right-of-way. All hydrants in the public right-of-way to have"Blue Dot' highway reflector installed on the adjacent street of drivevay to clearly identify the fire hydrant location. (iv) The dwellings shall be equipp ed with a residential automatic fire sprinMer system. The sprinkler system will be designed and install ed according to NFPA Pamphlet No. 1 3D. The fire department requires a minimum one(1)inch water meter for resi dential sprinkler systems. (2) Fire Apparatus Access. (i) If combustible construction materials are used,all required public access roadways shall be completed to a minimum width of twenty(2 0) feet, or as described in subsections(a.)and(b)below,capable of supporting forty thousand(40,000)pounds,with an all-weather surface,to within one hundred fifty(15 0)feet ofall stockpiles and all sides of buildings with combustible construction. The access roadways to be posted"No Stopping/Fire Lane" and shall not be us ed for the storage of materials. Proposed private roads,driveways or extensions of existing roads shall be designed and constructed as follows: a. Single-funilyresidential access road. Avehicularaccessto more than one parcel or vehicular access to a single parcel with more than two (2)buildings or more than three(3) dwelling units shall be twelve(12) fleet width for one-way traffic and sixteen(16)fie et width for two-way traffic. The road shall also provide for a ten(10) foot fuel modification area on each side. b. Driveway. A vehicular access to a single parcel with one(1) or two (2)buildings, having no more than three(3)dwelling units on a single parcel and any number of accessory buildings. Length Required Width 0-49 feet 12 feet 50-99 feet 14 feet Greater than 16 feet 200 feet (Note 1 and Note 2) ITEM NUMBER: C - 1 DATE: 05/14/13 NOTE: 1. For driveways exceeding three hundred(300) fleet,turnaround shall be provided at the building site and must be within fifty(5 0) feet of the dwelling. 2. For driveway exceeding eight hundred(800) feet,a turnout shall beprovidedat the midpoint or every four hundred(40 0) feet. (ii) Fire apparatus access roads shall have an unobstructed vertical clearance of not less than thirteen(13)feet and six(6)inches. Driveways shall have not less than fifteen(15)feet of vertical clearance. (iii) Fire apparatus access roads and driveways shall be designed and maintained to support the imposed loads of forty thousand(40,000) pounds at twenty-five(2 5) miles per hour, and shall be provided with a surface so as to provide all-weather driving capabilities. (iv) The turning radius o f a fire apparatus access road shall have horizontal inside radius curvature ofnot less than twenty-eight(2 8) feet insi de radius and forty-eight(4 8)feet outside radius. (v) All dead-end fire apparatus access roads in excess of one hundred fifty(150) feet in length shall be provided with approved provisions for turning around of fire apparatus. The bulb or cul-de-sac radius shall not be less than forty(4 0) fleet. The hammer-head T shall extend a minimum o f thirty(3 0) feet to each side of the centerline of the entry road and be eighteen(18) feet wide. The turnaround shall extend forty(4 0) feet from the entry road and be a minimum of eighteen(18) feet wide. Where parcels are zoned five(5)acres or larger, turnarounds shall be provided at intervals of approximately one thousand three hundred twenty (1,320) feet, or as approved by the Fire Chief. Each dead-end road shall have a turnaround constructed at its terminus. (vi) The minimum level of improvement is determined by the grade of the access road or driveway provi ding access from the road to the building site or parisingarea as follows(UFC 10.204): Surface Mirdmum Grade All-Weather Less than 12 percent Nonskid(Note 1) 12 percent to 16 percent Nonskid(Note 2) Over 16 percent ITEM NUMBER: C - 1 DATE: 05/14/13 Note 1. Surface shall be asphalt or concrete in the City of Atascadero Engineering Standard Specifications and Drawings including a nonskid finish(brushed concrete or equivalent pavement). Note 2.A driveway/access road that would provide a grade greater than sixteen percent(16%) and less than twenty percent(20%)and is designed by a Registered Civil Engineer may be considered on a case-by-case basis by the Fire Chief. (vii) The maximum length of dead-end road,including all dead-end roads accessed from the dead-end roads, shall use the following cumulative lengths as a guideline for approval by the Fire Chi ef,regardl ess o f the rnunb er o f parcel s served: Parcels less than 1 acre 800 feet Parcels 1 ac. to 4.66 ac. 1320 feet Parcels 5 ac. to 19.99 ac. 2640 feet Parcels 20 +ac. 5290 feet All lengths shall be measured from the edge of the roadway surface at the intersection that begins from the road to the end of the dead-end road surface at its farthest point.Where a dead-end road crosses areas of differing zones,the shortest allowable length shall apply. (3) Fuel Management. All parcels shall comply with the fire department's wildland fuel management program The hazardous vegetation that the program is concerned with is seasonal and recurrent in nature. Theretre,the operation of the program is planned on a continuous annual basis. (c) Engineering Division. (1) Road Improvements—General. (i) All road improvements shall be constructed in accordance with the City Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. ITEM NUMBER: C - 1 DATE: 05/14/13 (ii) An encroachment permit shall be obtained from the City Engineering Department prior to the start of construction. The applicant shall enter into a Plan Check/Inspection agreement with the City. (iii)Road improvement plans prepared by a registered civil engineer shall be submitted for review and approval by the City Engineer prior to approval of the Master Development Plan. Road improvement plans shall conform to the requirements of the City Standard Specifications, Section 2—Preparation of Plans. R-value testing shall be done,and pavement sections designed by a registered civil engineer to the satisfaction of the City Engineer. (2) Road Improvements—On-Site. (i) The following roads shall be fully improved to a Rural Hillside Collection Section(City Std. 404), or as approved by the City Engineer prior to the issuance of building permits. The structural section shall be based on a T.I. =5.0. b. San Marcos Road from the proj ect boundary to the intersection of Cenegal Road (prior to Phase I); a. Cenegal Road from the prof ect boundary to the intersection of San Marcos Road (prior to Phase II); (ii) All other roads within the proj ect boundary shall be fully improved to a Rural Hillside Local Section(City Std. 402),or as approved by the City Engineer pri or to the issuance o f buil ding p ermits. The structural section shall be based on a T.I. =4.0. (iii)The minimum right-of-wayvizi dth for all on-site roads shall be fifty(50) fleet (iv)All cul-de-sacs shall meet the requirements of City Standard 415,Typical Cul-de-Sac for rural areas with an unobstructed turning radius of forty(4 0) feet and a paved radius of thirty- four(34) feet,or as approved by the City Fire Marshal. Areas not paved within the forty(40) foot unobstructed turning radius shall be designed and maintained to support imposed loads of forty thousand(40,000)pounds at twenty-five(2 5)miles per hour and shall be provided with a surface which provides for all weather driving capabilities. (v) Slope easements shall be provided on each side of the right-of-way as needed to accommodate cut slopes,fill slopes and/or retaining structures. (vi)Curve widening shall be constructed on all on-site roads in conformance with Section 4,Paragraph F of the City Standard Specifications, or as approved by the City Engineer. (vii) On-site road alignments shall be designed such that all existing stre ets,roads and alleys outside the proj ect boundary,which intersect the proj ect boundary,are provided with,and capable of obtaining,access from the on-site roads. Road alignments outside the project ITEM NUMBER: C - 1 DATE: 05/14/13 boundary,which intersect the project boundary,shall be clearly shown on the improvement plans. (viii) The applicant shall install all necessary street name and traffic signs as well as all necessary traffic striping and markings as required by the City Engineer. (ix) The applicant shall offer to dedicate all road rights-of-way for on-site roads to the City. The irrevocable offer of dedication shall be filed prior to, or simultaneouslywith,the recordation of any final document implementing Lot Line Adjustment 94-005. (3) Road Improvements—Off-Site. (i) Curve widening shall be constructed on Los Altos Road from Highway 41 to San Marcos Road where curve radii is less than two hundred(200)feet. Curve widening shall be constructed in conformance with Section 4,Paragraph of the City Standard Specifications,or as approved by the City Engineer.Plans for the curve widening shall be submitted for reviewand approval by the City Engineer prior to the approval of the Master Development Plan. The curve widening on Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred(5 00)vehicles per day,with the development of the twenty-seventh lot in Phase 1, or within three(3)years of the issuance of building p errnits for Phase 1, whichever is earlier. (ii) A "Stop" sign and stop bar shall be constructed at the intersection of Los Altos Road and San Marcos Road and shall be constructed with the development of Phase 1 of the proj ect and prior to the issuance of building permits. (iii) San Marcos Road between Los Altos Road and the project boundary shall be improved preparatory to acceptance of this portion of road into the City maintained system. Curve widening shall be constructed where curve radii is less than two hundred(200) feet. Curve widening shall be constructed in conformance with Section 4,Paragraph F of the City Standard Specifications,or as approved by the City Engineer. Improvement plans for the curve widening shall be submitted for review and approval by the City Engineer prior to approval of the Master Development Plan San Marcos Road between Los Altos Road and the proj ect boundary shall be improved prior to the development of Phase 1 of the project and prior to the issuance of building permits. (iv) The applicant shall enter into a maintenance agreement with the City for the portion of San Marcos Road between Los Altos Road and the proj ect boundary. The agreement shall guarantee that damage to the road which results from construction traffic generated by the development of the project is properly repaired. The agreement shall be reviewed and approved by the City Engineer and the City Attorney. The agreement shall remain in-force throughout construction of Phase 1 and Phase 2 of the proj ect. ITEM NUMBER: C - 1 DATE: 05/14/13 A maintenance security in a form acceptable to the City Attorney and the City Engineer shall be posted for the portion of San Marcos Road between Los Altos Road and the proj ect boundary. The maintenance security shall remain effective until final acceptance of both Phase 1 and Phase 2 of the proj ect. (v) Left-turn lanes shall be constructed on State Highway 41 for eastbound traffic entering both Las Altos Road and the driveway serving Lots 109-112. Improvement plans for the left-turn lanes shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The left-tum lanes for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred(5 00)vehicles per day,with the development of the twenty-seventh lot in Phase 1,or within three(3)years of the issuance of buil ding permits for Phase 1, whicheveris earlier. The left-tum lanes for the driveways accessing Lots 109-112 shall be constructed with the development of any portion of Lots 109-112. (vi)Vehicle refuge lanes shall be constructed for vehicles turning left onto State Higliway 41 from both Los Altos Road and the driveway serving Lots 109-112. Improvement plans for the refuge lanes shall be submitted for reviewand approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The vehicle refuge lane for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred(500)vehicles per day,with the development of the twenty- seventh lot in Phase 1, or within three(3)years of the issuance of building permits for Phase 1, whicheveris earlier. The vehicle refuge lane for the driveways accessing Lots 109-112 shall be constructed with the development ofany portion of Lots 109-112. (vii) The improvements required to achieve a mininmm of five hundred fifty(550) feet of sight distance shall be constructed at the intersection of Los Altos Road and State Highway 41 and at the intersection of the driveway serving Lots 109-112 and State Highway 41. Improvement plans for the site distance improvements shall be submitted fnr review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The site distance improvements for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred(500) vehicles per day,with the development of the twenty-seventh 1 ot in Phas e 1,or withinthree(3)years of the issuance ofbuil ding permits for Phase 1,whichever is earlier. The site di stanceimprovemerds for the driveways acces sing L ots 109-112 shall be constructed with the development of any portion of Lots 109-112. ITEM NUMBER: C - 1 DATE: 05/14/13 (viii)Advisory and warning signage shall be installed along State Highway 41 to advise drivers of the approaching intersection with Los Altos Road and the driveway serving Lots 109- 112. Signage shall be installed which indicates aleft-turn lane ahead. Improvement plans for the signage improvements shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan The signage improvements for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred(500)vehicles per day,with the development of the twenty-seventh 1 of in Phas a 1,or within three(3)years o f the i ssuance o f buil ding p ermits for Phase 1,whichever is earlier. The signage improvements for the driveways accessing Lots 109-112 shall be constructed with the development ofany portion of Lots 109-112. (ix)Designated right-tum lanes shall be constructed on State Highway 41 for westbound traffic entering both Los Altos Road and the driveway serving Lots 109-112. Improvement plans for the right-tum lanes shall be submitted for reviewand approval by Caltrans and the City Engineer prior to approval of the Master Development Plan The right-turn lane for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred(5 00)vehicles per day,with the development of the twenty-seventh lot in Phase 1, or within three(3)years of the issuance of buil ding permits for Phase 1, whichever is earlier. The right-turn lane for the driveways a cces sing L ots 109-112 shall b e constructed with the development of any portion of Lots 109-112. (x) Curve widening shall be constructed on the following roads where curve radii is Iessthan two hundred(200) feet,. Curve widening shall be constructed in conformance with Section 4,Paragraph F of the City Standard Specifications, or as approved by the City Engineer. Plans for the curve widening shall be submitted for reviewand approval by the City Engineer prior to the approval of the Master Development Plan. a. Laurel Avenue from Santa Lucia Road to Cenegal Road. b. C enegal Road from Laurel Avenue to the proj ect boundary. The curve widening shall be constructed when the ADT on Laurel Avenue reaches five hundred(500) vehicles per day,with the development ofthe thirty-eighth lot in Phase 2, or withinthree(3)years ofthe issuance of buil ding permits for Phase 2,whichever is eariier. (xi)A three-foot wide Class II base or other all weather surface walkway shall be provided along one side Cenegal Road from the proj ect boundary to Laurel Avenue and along Laurel Avenue from Cenegal Road to Santa Lucia Road, or as approved by the City Engineer. Improvement plans for the walkways shall be submitted for reviewand approval by the City ITEM NUMBER: C - 1 DATE: 05/14/13 Engineer and Community Development Director prior to approval of the Master Development Plan. The three-foot-wide pedestrian walkway shall be constructed when the ADT on Laurel Avenue reaches five hundred(500)vehicles per day,with the development of the thirty-eighth lot in Phase 2, or within three(3)years of the issuance of building permits for Phase 2, whichever is earlier. (4) Drainage. (i) All drainage improvements shall be constructed in accordance with the City Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. (ii) A grading and drainage plan for each lot,prepared by a registered civil engineer, shall be submitted for reviewand approval by the City Engineer prior to the issuance of building permits. A registered civil engineer shall provide a written statement that all work has been completed and is in full compliance with the approved plans and the Uniform B wilding C ode (UB C). (iii)An erosion control plan addressing interim erosion control measures to be used during the construction shall be submitted for reviewand approval by the City Engineer. Erosion control measures shall be in-pla ce b etwe en October Istand April 1st. Prior to issuance of Grading Permits,and if required under the Clean Water Act(CWA), the applicant shall obtain the necessary permits in compliance with the requirements of the National Pollutant Discharge Elimination System(NPDES). (5) Utilities. (i) All relocation and/or alteration of existing utilities shall be the responsibility of the applicant. (ii) The applicant shall submit a composite utility plan signed and approved by a representative for each public utility company along with the improvement plans. (iii) The applicant shall install all new utilities(water, gas, electric, cable TV and telephone)underground. Fire hydrants shall be installed at locations as required by the City Fire Marshal. Utilities shall be extended to the property line frontage of each parcel or its public utility easement. (iv)Any utility trenching in existing streets shall be overlayed to restore a smooth riding surface to the satisfaction of the City Engineer. (6) General. ITEM NUMBER: C - 1 DATE: 05/14/13 (i) A Preliminary Soils Report shall be prepared for the property to determine the presence of expansive soil or other soil problems and shall make recommendations regarding grading of the proposed site. A final soils report shall be submitted by the soils engineer prior to the final inspection and shall certify that all grading was inspected and approved and that all work done is in accordance with the plans and the preliminary report. (ii) All improvements shall be covered with a one hundred percent(100°!0) Performance Guarantee and a fifty percent(50%)Labor and Materials Guarantee until the improvements are deemed substantially complete by the City Engineer. Prior to the final inspection o f the improvements, and before the other guarantees mentioned in this conditionare released,a ten(10)percent Maintenance Guarantee shall be postedto cover the improvements fora period of one year fro mthe date of the final inspection. The guarantee amounts shall b e based on an engineer's estimate submitted by the proj ect engineer and approved by the City Engineer. The guarantees posted for this project shall be approved by the City Attorney. (iii) A mylar copy and a blue line print of as-built improvement plans, signed by the registered engineer who prepared the plans,shall be provided to the City Engineer prior to the final inspection. (iv) The applicant shall acquire title or interest in any off-site land that may be required to allow for the construction ofthe improvements. The applicant shall bear all costs associated with the necessary acquisitions. (v) All improvements shall be completed or bonded for prior to the approval of the Master Development Plan. If the improvements are to be bonded,the applicant shall enter into a PerfbrmanceAgreementwith the City. The form and content o f the P erformance Agreement shall be reviewed and approved by the City Engineer and City Attorney. (Ord. 409 § 3,2003; Ord. 286 § 3 Exh. C, 1995) ITEM NUMBER: C - 1 DATE: 05/14/13 s1w�.aFCieeUl4Yk�-1fUS�ESS.�aAhSl18TAI7U1AhRH0US,k,�1GEZYL' _—- _—_ AWELDSL1WA@',jagu^!,Uaws,^ W DEPARTMENT OF TRANSPORTATION PERMITS DEPARTMENT 50 Fi1Gt:F:RA SIRFFT SAN LUIS OBISPO,CA 93401-5415 PIKINE(SOS)549-3152 FAX (SOS)Ss9-3062 TDD(305)549.3259 ccw�r ew +��of RECEIVED JUL ()8 2005 June 15.2005 COMMUhm GEVELOPA NT 05-SLO4l-11.45 Permit No.: Not assigned Mr.Russ Thompson,PE R.Thompson Consulting 7600 Morro Road Atascadero CA 93422 Dear Mr-Thompson: Subject: Preliminary Encroachment Permit Application Review—Castlerock Development-3F Meadows Thant:you for submitting your Encroachment Permit Application for the off-site roadway improvements to State Highway 41 at the intersection of Los Altos Road in the City of Amseadero. With your application you included two improvement plans as we previously requested. One act of plans included right turn chiumelization improvements to Los Altos Road,and the other set showed improvements without a right turn lane. In comparing and evaluating the M-o plan sets,as well as reviewing the environmental impacts inventory you provided,we have concluded that constructing the right turn channelization would require extensive realignment of the creek and removal of most of the vegetation within the creek arca. Furthermore,we recognize the difficulty and technical infeasibility of realigning the creek to the north due to environmental impacts mid right of way constraints. Although we initially indicated that right turn channelization at this location was dcsi=4 upon further evaluation we have determined that reconstructing the intersection to conform to the standard public road approach intersection.as shown in Figure 405.2 of the Caltrans Highway Design Manual.will serve the traffic needs at this intersection while minimizing impacts to the creek. Please:proceed with the reduced channeti7,ation design. If you have any questions or wish to discuss this matter please feel free to call me at (805)549-3497. T:S"114 i W ravK=`bi)i q we nW r�lilJmu ITEM NUMBER: C - 1 DATE: 05/14/13 Mr.Tbompson June 15,2005 Page 2 of 2 Sincerely, Steve Sent, District Encroachmcnt Permit Engineer cc James Kilmer Paul 'vtcClintic i ITEM NUMBER: C - 1 DATE: 05/14/13 aA$1lFCAlIFORVIA-0R131[ _7RAh'sll�gr�,. 7,y t� irlN:M:ENI,_Y —Axr.�I:o xl lwnRlFw�c�;li.cynAlilM DEPARTMENT OF TRANSPORTATION 30 HIGUERA STREET SAN LUIS OBISPO.CA 93401-5415 'HONE (803)549.3101 FAX (805)549-3329 TTY 1311 t 'i' wtv.(Jot.ca.wyv,dut05! Fkx)wrpowr' B!enelRy f�[e0nf November 9,2010 Roy E.Ogden, Esquire Ogden&Fricks LLP 656 Santa Rosa Street,Suite 213 San Luis Obispo,California 93401 Dear Mr.Ogden: CASTLEROCb SUBDIVISION This letter is in response to your request for Caltrans to update its position on the need for right turn channelization at Los Altos Road as part of the off-site improvements for the Castlerock Subdivision. So long as the subdivisiou plans have not seen changes iliac would increase the number of trips generated by the project at this intersection since we last reviewed this project in 2005.we can maintain our historical position on this issue. We previously reviewed substantially complete engineering drawings for the right turn channelization.and found that there were substantial environmental constraints associated with altering portions of the adjacent creek,as well as a demonstrated need for additional right of way for a right turn channelization project. We find that upgrading the intersection to the standard public road approach intersection,shown in Figure 405.2 of the Caltrans Highway Design Manual,would provide a satisfactory design to accommodate vehicles turning right onto Los Altos Road. If you require any other information or wish to discuss this matter further please do not hesitate to call me at(805)549-3206. Sincerel , teve Sonet District Five F.ner(kichment Permit Engineer 'Caftmnw i"J fmw•rs maway fn'!mw r ahtornfo" ITEM NUMBER: C - 1 DATE: 05/14/13 Attachment 6 Draft Right Turn Taper Drawing Standard 405.7 Intersection RIGHT TURN TAPER WIDENING - 12' WIDE 'r Mir EXISTING LEFT TURN , LANE EXISTING REFUGE AREA TO REMAIN ITEM NUMBER: C - 1 DATE: 05/14/13 Attachment 7 Letter from Tartaglia Engineering Peer Review of Plans TARTAGLIA ENGINEERING TE CIVIL ENGINEERS 7360 EI Camino Real,Suite E•P.O.Box 1930 Atascadero,California 93423 E-mail: civiiengineers@tartaglia-engineering.com Phone(605)466-5660•Fax(805)466.5471 Mr.Don Ritter April 29,2013 Casticrock Development 202 Tank Farm Road San Luis Obispo,CA 93401 File: 13-77 Subject: SR-41 -Los Altos Intersection Design Atascadero,CA Dcar Mr.Ritter: I have completed my review of the plans and find that they substantially meet the requirements of CALTRANS Design Manual, Figure 405.7. While I feel that they arc not 100%complete, they could probably be used to initiate the Encroachment Permit process with CALTRANS Again. 1 think that there are some details missing such as dimensions, station offsets,etc. 'Those items should probably be put on before a submittal is made to CALTRANS. My suggestion is that you have a represcntativc of Castlerock there at the meeting to present their side should there be any opposition to the approval of the use of Figure 405.7. If for some reason they vote against the use of 405.7 there could be extensive delays in reaching an agreement on the final design. Feel free to call me if you have any questions or comments. Sincerely yours. TARTAGLIA ENGINEERING '6"4!�6 —V'� �'/4' Robert C.Tartaglia Civil Enginccr ITEM NUMBER: C - 2 DATE: 05/14/13 OR Atascadero City Council Staff Report — City Manager's Office Appointment of the Initial Advisory Board for the Atascadero Tourism Business Improvement District and Establishment of the Rules and Procedures for the District RECOMMENDATION: Council adopt the Draft Resolution for the appointment of the initial Advisory Board for the Atascadero Tourism Business Improvement District and the establishment of the Rules and Procedures for the District. DISCUSSION: The lodging businesses in Atascadero have requested the establishment of the "Atascadero Tourism Business Improvement District" (ATBID) in order to levy annual assessments under the Parking and Business Improvement Area Law of 1989. The activities to be funded by the proposed levy of assessments against Lodging Businesses within the ATBID are tourism promotions and marketing programs to promote the City as a tourism destination. On April 9, 2013, the City Council reviewed staff's recommendations for the establishment of the ATBID, and the City Council introduced the proposed ATBID Ordinance. On April 23, 2013, the City Council adopted the Ordinance. The Ordinance will become effective on May 23, 2013. Pursuant to the ATBID Ordinance, the effective date the assessments will begin is June 1 , 2013. The Draft Resolution will appoint the initial Advisory Board and lists the initial members that have been nominated to serve on the Board for staggered three- and two-year terms. The Draft Resolution also establishes rules and procedures that include future Board nomination processes, how often the Board will meet, annual reports, protest procedures, authorized expenditures, and approval of the annual assessment. ITEM NUMBER: C - 2 DATE: 05/14/13 ALTERNATIVES: Council may appoint other individuals to the initial Advisory Board for the Atascadero Tourism Business Improvement District, and may propose alternative rules and procedures for the Board and the District. FISCAL IMPACT: There will be ongoing costs of administration of the ATBID, which will be partially covered by a 1% administration fee charged against the assessments. ATTACHMENT: Draft Resolution for the appointment of the initial Advisory Board for the Atascadero Tourism Business Improvement District and Establishing the Rules and Procedures for the District ITEM NUMBER: C - 2 DATE: 05/14/13 Attachment DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPOINTING THE INTIAL ADVISORY BOARD FOR THE ATASCADERO TOURISM BUSINESS IMPROVEMENT DISTRICT AND ESTABLISHING THE RULES AND PROCEDURES FOR THE DISTRICT WHEREAS, the City has formed a parking and business improvement district known as the "Atascadero Tourism Business Improvement District" or "ATBID" pursuant to California Streets and Highways Code Section 36500 and following under Ordinance No. 568 (ATBID Ordinance), which was adopted by the Atascadero City Council on April 23, 2013. WHEREAS, unless otherwise defined in this Resolution, all capitalized terms will have the meaning ascribed to such terms in the ATBID Ordinance; and, WHEREAS, the City Council desires to appoint the members of the initial ATBID Advisory Board and establish rules and procedures for the operation of the ATBID. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. Establishment of Initial Advisory Board. The ATBID Advisory Board for FY 2013/2014 will be comprised of the following members to each serve two- or three-year staggered terms, as indicated, and until their successors are duly selected and seated: Name Term Amar Sohi, Holiday Inn Express and Suites Three year Jiten Patel, Best Western Plus Colony Inn Three year Deana Alexander, The Carlton Hotel Three year Bhikhu Patel, Rancho Tee Motel Two year Sohem Bhakta, Super 8 Motel Two year SECTION 2. Advisory Board Nomination Process. Beginning in 2015, each Advisory Board will be appointed by the following process: a. In February of each year, the ATBID will mail a letter to all owners of Lodging Businesses located in the ATBID. The letter will include an announcement of a meeting to be held at the City Council Chambers for the purpose of making nomination for the ATBID Advisory Board seats that are vacant or are scheduled to become vacant as of July 1 of the same year. ITEM NUMBER: C - 2 DATE: 05/14/13 Attachment b. Membership on the Advisory Board is eligible to representatives of Lodging Businesses within the ATBID area who have fully paid their ATBID assessment at the time of the appointment, and remain fully paid during the term of their membership on the Board. C. At the noticed meeting, the ATBID will facilitate a nomination process whereby any business owners meeting the qualification established in (b) above may be nominated for a seat on the Board. d. At the same meeting, the ATBID will facilitate an election by secret written ballot received, mailed, or cast at that meeting. All ATBID Lodging Business members in attendance at the meeting will be eligible to vote. If an ATBID Lodging Business member is unable to attend, a proxy with a signed statement from the member will be allowed to participate on the member's behalf. e. The persons receiving the most votes will be deemed to have won the nomination. The nominee's names will be forwarded to the City Clerk no later than April 30th of the same year as a recommendation to the City Council for filling board vacancies. f. The City Council will appoint the five (5)-member ATBID Advisory Board. The ATBID Advisory Board will meet quarterly or more frequently. The ATBID Board Members will serve at the pleasure of the City Council and may be removed at any time by the City Council. g. If the City Clerk does not receive nominations of potential Board Members by April 30th of any applicable year, the open positions on the ATBID Advisory Board will be appointed by the process set forth for appointing boards and commissions in Chapter 2-2.08 of the Municipal Code. SECTION 3. Authorized Expenditures. The Advisory Board will recommend the expenditure of ATBID assessment revenues in accordance with the ATBID program and budget approved by the City Council, and in compliance with all City purchasing regulations, or as otherwise set by ordinance. SECTION 4. Preparation and Adoption of Annual Report and Resolution of Intention to Levy Proposed Assessment. California Streets and Highways Code section 36533 requires the Advisory Board to prepare and file with the City an annual report regarding the ATBID. The report, among other things, is required to itemize improvements and activities in the fiscal year, the cost of those activities,the amount of surplus or deficit revenues carried over from a previous fiscal year, and contributions other than assessments, the amount of any contributions to made from sources other than the assessment levied on Lodging Businesses. The City Council will approve the report as filed or modify any portion and approve it as modified. Pursuant to California Streets and Highways Code sections 36534 and 36535, after approving the annual ITEM NUMBER: C - 2 DATE: 05/14/13 Attachment report, the City will adopt an annual resolution of intention to levy the assessment for that fiscal year,publish a notice, and hold a public hearing on the assessment. SECTION 5. Protest Procedures. Pursuant to California Streets and Highways Code, Sections 36524 and 36525, the following rules and procedures regarding the filing of protests and a majority protest will apply to public hearings on the annual report and assessment: a. At the annual public hearing to hear such protests, testimony of all interested persons for or against any changes to the extent of the District, or the furnishing of specified types of improvements or activities will be heard. A protest may be made in writing or orally by any interested person. Any protest pertaining to the regularity or sufficiency of the proceeding must be in writing and must clearly set forth the irregularity or defect to which the objection is made. b. Every written protest must be filed with the City Clerk on or before the public hearing date. The City Council may waive any irregularity in the form or content of any written protest, and at the public hearing may correct minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. C. Each written protest must contain a description of the business in which the person subscribing the protest is interested, sufficient to identify the business and if a person subscribing is not shown on the official records of the City as the owner of the business, the protest must contain or be accompanied by written evidence that the person subscribing is the owner of the business. A written protest which does not comply with this requirement will not be counted in determining a majority protest. d. If written protests are received from the owners of businesses in the ATBID or in any new areas proposed to be included in the ATBID, which will pay fifty percent (50%) or more of the assessments proposed to be levied and such protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no further proceedings to levy the proposed assessment, as contained in the resolution of intention, will be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvements or activities within the area, those types of improvements or activities will be eliminated for the applicable period. SECTION 6. Approval of Annual Assessment. Following the hearing, the City Council may adopt a resolution confirming the report as originally filed or as changed by the Council. The adoption of the resolution will constitute the continuation of the levy for the fiscal year referred to in the report. SECTION 7. CEQA Compliance. This Resolution is exempt from provisions of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines, Section 15320, ITEM NUMBER: C - 2 DATE: 05/14/13 Attachment in that it causes a modification of the rules and procedures for an established subsidiary district within the Atascadero city boundaries. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO Brian Sturtevant, Mayor Pro Tem ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney ITEM NUMBER: C - 3 DATE: 05/14/13 - � ,� r ' se7e r7 `ATA'sranE�1 Atascadero City Council Staff Report — Public Works Department Stormwater Drainage Standards and Stormwater Guidance Document Update RECOMMENDATIONS: Council: 1. Receive an update regarding the City's efforts to develop and implement new drainage standards and a Stormwater Guidance Document that are required by the State of California; and, 2. Direct Staff to implement the stormwater program using in-house staff and proceed with hiring assistance for Public Works plan-checking. REPORT-IN-BRIEF: This report provides an update on two separate stormwater permit requirements recently adopted by the State of California that will directly impact the City of Atascadero, specifically: • Central Coast Water Board's Joint Effort for Hydromodification Control regulations (Joint Effort), including new drainage standards requirements. • State Water Resources Control Board's adoption of a revised Municipal Stormwater Permit (Stormwater Permit). The Joint Effort drainage standards and Stormwater Permit regulations require the city to revise the City's existing drainage standards, develop alternative compliance options for those revised drainage standards, and produce a new stormwater "Guidance Document". The Guidance Document will reconcile the City's current Stormwater Management Plan (SWMP) with the new State Stormwater Permit requirements. The Guidance Document will show where the plans agree, disagree or are silent. In the event the plans disagree, or the City does not currently engage in the required activities specified in the new permit, the City would describe how it will implement the new requirements, or provide justification why the work cannot be implemented. The Guidance Document must be submitted to the State by July 1, 2013. The City's revised ITEM NUMBER: C - 3 DATE: 05/14/13 drainage standards and alternative compliance methodology must be implemented by September 6, 2013. Given the tight timeframe for implementing the revised stormwater program, Staff recently prepared and circulated a Request for Proposal to hire a consultant to work with Staff to develop the revised drainage standards and Guidance Document. The lowest cost proposal received that met the City's requirements was for $77,000. This program was not included in the current 2011/2013 budget. Funding for the implementation of stormwater programs was not budgeted as State regulations, requirements and compliance directives were previously difficult if not impossible to predict. The approvals of the regulations have slowly evolved over the past several years, and a key element was not resolved until February of this year. In following the development of the State regulations, Staff has been actively engaged with the process, including participation in technical advisory committees, attending workshops and hearings, as well as participation in Statewide Stormwater Coalitions with other affected agencies. In an effort to minimize the fiscal impact of developing the drainage program, Staff is recommending the process be completed in-house, making other staffing and program adjustments to free up the needed time to produce the program prior to September of this year. DISCUSSION: Background: Joint Effort Drainage Requirements: The National Pollutant Discharge Elimination System (NPDES) program was established under the Federal Clean Water Act in 1977 to protect and restore surface waters of the United States. Surface waters include wetlands, lakes, creeks and rivers. The NPDES requires every local municipality in California to produce and implement a Stormwater Plan. A Stormwater Plan defines strategies and guidelines for the protection of stormwater quality and the reduction of pollutant discharge. The City's Stormwater Management Plan (SWMP) was approved by the Central Coast Water Board in 2009, and amended in June 2010. The amendment required the City to either participate in the Central Coast Water Board's Joint Effort for Hydromodification Control, or develop its own new drainage standards. The City Council directed staff to participate in the Water Board's Joint Effort process. Staff was actively involved in the Joint Effort Technical Advisory Committee, submitted written and verbal testimony at hearings, and participated in funding specialized legal representation on behalf of stormwater coalition cities and counties. Ultimately, the Water Board adopted the new Joint Effort drainage regulations on September 6, 2012, and gave cities and counties one year to incorporate the new regulations into local codes. ITEM NUMBER: C - 3 DATE: 05/14/13 The new drainage standards will fundamentally change the way drainage from development is handled. California drainage law has long held the principle of development cannot increase runoff on downstream property unless capacity exists downstream - and in San Luis Obispo County cities do not have regional flood control facilities or drainage systems designed to accept developed runoff. Currently most jurisdictions on the Central Coast require developed sites to discharge the amount of storm water that historically ran off the property in a 2-year or 10-year storm in its "undeveloped" condition, and holding back runoff during a 50-year or 100-year storm from the "developed" site. This typically resulted in the installation of a drainage detention basin with a single small outlet pipe that would quickly fill in a storm event and slowly drain out at a rate that conservatively matched the historic runoff rate of a smaller storm. The new drainage regulations will attempt to more closely mimic the historic and natural hydrologic cycle. Projects will no longer focus on runoff quantity issues alone. Runoff water quality as well as natural stormwater infiltration into the ground will be equally regulated. The chart below shows typical drainage Peak Flow vs. Time, where: Solid line = Undeveloped Land Short dashed line = Developed Land with Basin Dotted line = Developed Land without Basin The chart graphically illustrates the larger peak and quicker runoff from uncontrolled, developed sites. By reducing the height of the developed site's peak runoff to the undeveloped condition (peak of the solid line), excess water does not enter the creek too quickly. The current method of flood control has been effective in limiting flooding to larger storm events, however it does not address the issues of runoff quality, stormwater infiltration, and runoff from multiple storm events. These items are often collectively referred to as post construction standards or hydromodification standards. The new standards will require projects to closely match the historic "undeveloped" flow rate that is represented by the solid line below regardless of the rainfall intensity, with equal focus on pre-development infiltration and water quality. Developed - No Control Undeveloped Developed — Current ' Peak Runoff Standards a 3 o ' U Storm Starts -mt- Undeveloped ...- .. -. • • ........................ Time ITEM NUMBER: C - 3 DATE: 05/14/13 The Joint Effort drainage standards will be triggered by the amount of impervious surface area on a site and mitigation becomes more stringent as the amount of impervious surface increases. Table 1 below defines the triggers for implementation and the associated post-construction requirements. Table 1 — Post Construction Triggers and Requirements For Impervious Surface Requirement Square Footage 0 to 2,499 None >_2,500—5,000 Requirement 1 —Site Design Measures: Implement one or more measures: e.g. rain barrels, direct stormwater runoff to vegetated areas, use permeable surfaces, conserve open space. >_5,000-15,000 Requirement 2—Water Quality Treatment: All of the above and treat stormwater quality onsite (remove oils, sediment, turbidity, etc.). >_15,000-22,500 Requirement 3-All of above and may include onsite stormwater retention depending on the site soils. >_22,500+ Requirement 4— Peak Management: All of above plus Post development peak flows must not exceed pre-development peak flows. Flow must match the solid line in Chart 1. Exemptions to the proposed requirements are allowed where justified and specifically authorized by the local agency. In general the new drainage standards will apply to all City and private development construction projects throughout the City, including road widening projects and building additions. This is a change from the City's current requirements particularly in the Downtown area which is currently exempt from stormwater requirements. The Joint Effort drainage regulations recognize the benefit of compact urban development and redevelopment, and include provisions to allow local agencies to reduce or exempt requirements. The City can develop alternative compliance "offsite" projects in order to reduce the requirements or grant exemptions. Alternative compliance requirements include the development of in-lieu fees or the construction of similar improvements in another part of the watershed. Alternative compliance projects would need to be approved by the Water Board. An "Urban Sustainability Area" (USA) must be established for this area prior to development of offsite mitigation programs. The Water Board defines a USA as land that is designated for dense zoning and is transit orientated, such as the Downtown commercial core and high density residential areas in Atascadero. In addition to the downtown area, offsite mitigation will apply to sites that cannot accommodate post-construction stormwater controls based on physical site conditions. This would include sites having slow percolating soils or those with a lack of required space to reasonably install mitigation measures. The State requirements also contain exemptions for specific types of projects which include: road resurfacing projects, sidewalks, bike lanes, re-roofing projects, pools, trails, and roof mounted solar systems. ITEM NUMBER: C - 3 DATE: 05/14/13 Stormwater Guidance Document: The revised Municipal Stormwater Permit was adopted by the State Water Board on February 5, 2013. The revised Municipal Stormwater permit applies to Cities populations of 15,000 or more. The previous Municipal Stormwater Permit required the City to develop a Stormwater Management Plan (SWMP) for approval by the Central Coast Water Board. The City's current SWMP addresses six minimum control measures that the City must perform on an ongoing basis, namely: 1. Elimination of illegal discharges 2. Public education 3. Public participation 4. Construction controls — erosion, sedimentation, polluted discharge 5. Post construction measures — ongoing effectiveness and maintenance 6. Good housekeeping — street sweeping, spill prevention, storm drain cleaning. The minimum standards can be found at: http://www.waterboards.ca.gov/rwgcb3/water issues/programs/stormwater/docs/lid/post construction requirements adopted.pdf . The recently adopted State Stormwater Permit eliminates the City's currently approved SWMP. The City must now evaluate the new Municipal Stormwater Permit against provisions in our current SWMP, and submit a "Guidance Document" to the State by July 1, 2013. This Guidance Document must show where the new regulations and the previously approved SWMP agree, disagree or are silent. In the event the regulations disagree, or the City does not currently engage in the work, the City must implement the new requirements or provide new justification for not performing the work. Analysis: The City has invested a significant amount of staff time over the past four years in monitoring and engaging in the process of the State and Regional Board's on- going development of stormwater regulations. The final stage of the stormwater program implementation will require the City to devote significant resources towards meeting the State's six minimum control measures noted above. The City must now perform additional technical studies and reports to establish: • Guidance Document • New engineering standards for drainage • Updated stormwater management plan • Urban Sustainability Area The lowest cost proposal from consulting firms, that met the technical experience and capabilities, was for $77,000 to develop these plans and reports. This is not currently funded in the 2011/2013 budget. ITEM NUMBER: C - 3 DATE: 05/14/13 The stormwater program will significantly increase the short-term workload on City Staff. Without funding an outside consultant, and having in-house Staff develop the stormwater engineering in-house, much of the duties for developing the program will fall on the Deputy Public Works Director to implement. The stormwater program development comes at a time where workload for development plan checking has dramatically increased. Staff is concerned that the Council's goal of minimal permit processing and reduced timelines would be compromised. Therefore, Staff is recommending that the following steps be ttaken in order to create a staffing plan to allow compliance with the State regulations: 1. Distribute current capital projects to Operations staff for management. 2. Hire a part-time contract plan checker in Public Works. 3. Hire student intern(s) to perform less technical duties including data collection for traffic engineering, an audit of wastewater connections, standard updating and AutoCAD drafting. The significant milestones for implementing the stormwater program in the next four months will be: 1. June 25, 2013: Draft Engineering Standards. • Council and Public review of the 90% draft engineering drainage standards, draft Urban Sustainability Area, and the Guidance Document. 2. July 01, 2013: Guidance Document Due at Regional Board • Staff submits Guidance Document to the State and local Water Board's as required. 3. August 13, 2013: Final Engineering Drainage Standards. • Council and public review of final standards and Urban Sustainability Area. 4. September 06, 2013: Begin implementation of new standards. Conclusion: The City recognizes the need for clean water and healthy streams and lakes, and the City Council has made "Environmental Stewardship" and "Common Sense Regulations" a strategic planning goal. The recent State of California adoption of new storm water standards are intended to protect, preserve and improve the State's stormwater quality. Staff is now challenged to craft stormwater standards that implement the State regulations while ensuring they fit the City's unique setting. Staff is currently operating at capacity for existing work load and does not have additional capacity in which to complete the above tasks in-house while dedicating the time required to other high ITEM NUMBER: C - 3 DATE: 05/14/13 priority City initiatives. Therefore, staff is proposing to rearrange management of current capital projects, retain a contract plan checker, and hire a student intern in order to internally develop the plans and submittals required by the Central Coast and State Water Boards, and avoid the $77,000 outside consulting fee. The contract plan checking could be tried on an interim basis for a 6-month trial period to see if an increased level of service to development projects is achieved. At the end of the period, Staff can re-evaluate the effectiveness and actual level of service provided. FISCAL IMPACT: Hiring a part-time plan checker will result in an estimated $30,000 maximum for the initial 6-month trial period, while student intern is estimated to cost $5,000 through the summer, both coming from operational reserves. The 2013-2015 Budget will include these funds. An option would be to have the consultant prepare the necessary plans and engineering studies at a cost of $77,000 from operational reserves. ATTACHMENTS: None