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Agenda Packet 11/08/2005
19�$ CITY OF A TASCADERO \ � CITY COUNCIL AGENDA Tuesday, November 8, 2005 7:00 P.M. **New Location** New City Hall Council Chambers 6907 EI Camino Real Atascadero, California • REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: (Immediately Following Redevelopment Agency Meeting) 1. PUBLIC COMMENT — CLOSED SESSION 2. CALL TO ORDER a) Conference with Legal Counsel —Anticipated Litigation — Two Cases Significant exposure to litigation pursuant to Govt. Code Sec. 54956.9 Subdivision b.3.a 3. ADJOURN 4. CLOSED SESSION REPORT • REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Clay 1 ROLL CALL: Mayor Scalise • Mayor Pro Tem O'Malley Council Member Clay Council Member Luna Council Member Pacas 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 five minutes. Please state your name and address for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council.) APPROVAL OF AGENDA: Roll Call 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.) PRESENTATION: 1. Certificate of Appreciation presentation to the California Conservation Corps (CCC). 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.) 1. City Council Meetinq Minutes —October 11, 2005 ■ City Clerk Recommendation: Council approve the City Council meeting minutes of October 11 , 2005. [City Clerk] 2. August 2005 Accounts Payable and Payroll ■ Fiscal Impact: $2,600,423.39. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for August 2005. [Administrative Services] 2 3. State CDBG Grant Application ■ Fiscal Impact: Possibility of up to $1,000,000 in grant funding for the Youth/Community Center Complex project. ■ Recommendations: Council: 1. Adopt Draft Resolution approving the grant application for CDBG Disaster Recovery funds for the Youth / Community Center Complex; and, 2. Authorize the City Manager to execute a contract with the State of California if the City is awarded said grant. [Administrative Services] 4. Final Map 2005-0114 (Tract 2664) 6205 Tecorida (TTM 2004- 0057)(Gearhart) ■ Fiscal Impact: None. ■ Recommendations: Council: 1 . Accept Final Tract Map 2005-0114 (Tract 2664); and, 2. Reject offer of dedication for Street Purposes without prejudice to future acceptance. [Public Works] 5. Final Map 2005-0120 (Tract 2714 Phase 1) 2555 and 2605 EI Camino Real (TTM 2004-0064)(Central Coast Assets / Laughlin Development) ■ Fiscal Impact: None. ■ Recommendations: Council: 1 . Accept Final Tract Map 2005-0120 (Tract 2714 Phase 1); and, 2. Reject offer of dedication for Public Utility Easement without prejudice to future acceptance. [Public Works] 6. Temporary Road Closure — Santa Barbara Road and Vieio Camino ■ Fiscal Impact: None. ■ Recommendation: Council approve the request from Burke Construction for the temporary closure of Santa Barbara Road from EI Camino Real to Viejo Camino and the closure of Viejo Camino from Santa Barbara Road to Halcon Road. [Public Works] B. MANAGEMENT: 1. County Library Discussion ■ Fiscal Impact: None. ■ Recommendation: Council discuss request from County Library and provide direction to staff. [City Manager] 2. Wells Fargo Bank's Offer of Dedication of Public Rights-of-Way (Colony Roads Recommendation: -', Council approve a Draft Resolution accepting Wells Fargo Bank's Offer of Dedication of any interest they have in the Colo9ny Roads located inside the boundaries of the City of Atascadero. [City Attorney] 3 3. Inclusionary Housing Polic ■ Fiscal Impact: Fiscal impact will vary depending upon the options implemented and the methods of implementation. ■ Recommendation: Council review the attached report and accompanying documentation and direct staff in the policy direction for implementation of the City's Interim Inclusionary Housing Program. [Community Development] 4. Certification of Mitigated Negative Declaration for Traffic Way Park Expansion and Recreation Center Master Plan, Precise Plan 2005-0185 (City of Atascadero) ■ Fiscal Impact: Included in the Youth Recreation Center Project budget. ■ Recommendation: Council adopt Draft Resolution A certifying proposed mitigated negative declaration 2005-0050. [Community Development] C. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor Scalise 1. County Mayor's Round Table 2. Atascadero State Hospital Advisory Board 3. Local Agency Formation Commissions (LAFCO) 4. SLO Council of Governments (SLOCOG) / S.L.O. Regional Transit Authority (SLORTA) Mayor Pro Tem O'Malley 1. Finance Committee 2. Air Pollution Control District (APCD) 3. Economic Vitality Corporation, Board of Directors (EVC) 4. League of California Cities — Grassroots Network 5. City/ Schools Committee 6. Economic Opportunity Commission (EOC) Council Member Clay 1. S.L.O. County Flood Control & Water Conservation District Water Resources Advisory Committee 2. Nacimiento Water Purveyors Contract Technical Advisory Group 3. North County Water Purveyors Group Council Member Luna 1. Finance Committee Council Member Pacas 1. Integrated Waste Management Authority (IWMA) 2. City/ Schools Committee 3. Atascadero Youth Task Force 4 D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager E. 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, Shannon Sims, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the November 8, 2005 Regular Session of the Atascadero City Council was posted on November 2, 2005 at the Atascadero City Hall Annex, 6905 EI Camino Real, Suite 6, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 2nd day of November, 2005 at Atascadero, California. • i . Shannon Sims, Deputy City Jerk City of Atascadero 5 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 7:00 p.m., at the Atascadero Pavilion on the Lake, 9315 Pismo St., Atascadero. Matters are considered by the Council in the order of the printed Agenda. 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 Annex business hours at the Central Receptionist counter 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) 461-5000. 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 AGENDA ITEMS 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 podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Mayor • Give your name and address (not required) • Make your statement • • All comments should be made to the Mayor and Council • No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present • All comments limited to 5 minutes (unless changed by the Council) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. 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. Access to hook up your laptop to the City's projector will be provided. 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. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council 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: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business 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). TO HAVE ITEMS PLACED ON AGENDA All business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to the City Manager's office in City Hall prior to the deadline. 6 ITEM NUMBER: A- 1 DATE: 11/08/05 CITY OF A TA SCA DERO CITY COUNCIL DRAFT MINUTES Tuesday, October 11, 2005 7:00 P.M. CLOSED SESSION: 6:36 p.m. (Immediately Following Redevelopment Agency Meeting) 1. PUBLIC COMMENT- CLOSED SESSION — None 2. CALL TO ORDER a) Conference with Legal Counsel —Anticipated Litigation In the matter of the Anglo-California Trust Company Indenture Trust Dated December 1, 1929 - San Luis Obispo Superior Court Case No. PR-050193 -Consideration of Intervening in Action b) Conference with Legal Counsel Existing Litigation (Govt. Code Sec. 54956.9(a) 1. City of Atascadero v. Dorsey e� t al. 3. ADJOURN: 7:15 p.m. 4. CLOSED SESSION REPORT City Attorney Patrick Enright announced that for Closed Session Item#2.a) the Council gave direction not to intervene in the pending action; the vote was unanimous. For Closed Session Item#2.b) Council gave further direction on the Dorsey litigation. REGULAR SESSION: 7:00 P.M. Mayor Scalise called the meeting to order at 7:18 p.m. and led the Pledge of Allegiance. CC Draft Minutes 10/11/05 Page 1 of 7 7 . 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, Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Public Works Director Steve Kahn, Community Services Director Brady Cherry, Community Development Director Warren Frace, Deputy Executive Director of Redevelopment Marty Tracey, Police Chief John Couch, Fire Chief Kurt Stone, Deputy Public Works Director Geoff English,and City Attorney Patrick Enright. COMMUNITY FORUM: Pastor Esteban Andrade, Life Church of North County, led those present in prayer. David Buckland apologized to Council for his bad attitude and public attacks on the Council in last weeks Atascadero News. Eric Greeningreminded those resent of the Arts Council Open Studio Tour on October 22nd and 23r"and p p and encouraged all to attend. Roberta Fonzi spoke about affordable housing and explained how many local mobile home parks have raised their rental rates excessively. She encouraged Council to consider a rent control ordinance for mobile home parks in Atascadero. Joanne Main invited everyone to the Chamber of Commerce Mixer on Thursday at the Carlton Hotel where the Colony Days royalty will be honored. Grant Robbins, Syntex Homes, gave an update on the Dove Creek Project and answered questions of Council. Kevin Campion acknowledged all those involved in the process for acceptance of Via Tortuga and adjacent roads. He also spoke about the recent installation of the solar activated speed control on Atascadero Avenue, which has had a dramatic impact in slowing downdrivers. Mayor Scalise closed the Community Forum period. CC Draft Minutes 10/11/05 Page 2 of 7 APPROVAL OF AGENDA: Mayor Scalise announced that Item #B-2 has been pulled from the agenda. MOTION: By Mayor Pro Tem O'Malley 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: Mayor Pro Tem O'Malley thanked Burt Construction and City Staff who have worked on the Sunken Gardens project, and spoke about the Tent City and other events planned for Colony Day. Council Member Clay spoke about how hard the Colony Day Committee has worked and recognized Mayor Pro Tem O'Malley for chairing the event. He encouraged all to attend. Council Member Luna announced a free forum "Co-existing with Coyotes," Wednesday, October 19th, at the Masonic Lodge in San Luis Obispo. PRESENTATION: 1. Proclamation declaring October 9 — 15, 2005 as "Fire Prevention Week". Mayor Pro Tem O'Malley read the Proclamation and presented it to Casey Bryson. Firefighter Bryson thanked Council on behalf of the Fire Department and explained how the Department is working with local schools on fire prevention. A. CONSENT CALENDAR: 1. City Council Strategic Planning Workshop Minutes — September 10, 2005 ■ City Clerk Recommendation: Council approve the City Council strategic planning workshop meeting minutes of September 10, 2005. [City Clerk] CC Draft Minutes 10/11/05 Page 3 of 7 9 2. Marchant Avenue Condominiums: Zone Map Change (ZCH 2005-0098), Zone Text Change (ZCH 2005-0102) — Replace Existing Recreational Vehicle Park with a 12-unit Condominium Development. (5000 Marchant Ave. / Gearhart) ■ Fiscal Impact: Loss of Transient Occupancy Tax revenues of approximately $4,000.00. ■ Recommendations: Council: 1. Adopt on second reading by title only, Draft Ordinance A, approving Zone Map Change 2005-0098 based on findings; and, 2. Adopt on second reading by title only, Draft Ordinance B, approving Zone Text Amendment 2005-0102 modifying PD-10 overlay district code text based on findings. [Community Development] 3. West Front Village: Planned Development Zone Code Text 2003-0058, Zone Change (ZCH 2003-0088) — 14 single-family residential homes, 18 multi-family residential duplex units, a 79-unit hotel, 10,000 sq. ft. of commercial retaiVrestaurant and gas station/fast food buildings, and 12,700 sq. ft. of business park buildings. (Shannon — West Front Properties) ■ Fiscal Impact: Total annual projected revenue for the City of $245,708.00. ■ Recommendations: Council: 1. Adopt on second reading, by title only, Draft Ordinance A approving Zone Code Text Change 2003-0058 establishing a PD-23 overlay district based on findings; and, 2. Adopt on second reading, by title only, Draft Ordinance B approving Zone Change 2003-0088 based on findings. [Community Development] 4. Purchase of Fire Department Utility Vehicle ■ Fiscal Impact: $35,921.77 budgeted in FY 05/06 from the Vehicle Replacement Fund. ■ Recommendation: Council authorize the purchase of a budgeted command/utility vehicle from Rancho Motors Co. in the amount of $35,921.77. [Fire] 5. Road Acceptance: Via Tortuga and Calle Refugio ■ Fiscal Impact: City staff will be responsible for maintaining roads. ■ Recommendation: Council accept Via Tortuga and Calle Refugio into the City-maintained road system. [Public Works] CC Draft Minutes 10/11/05 Page 4 of 7 10 Items pulled: Council Member Luna pulled Item #A-3. MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Clay to approve Items #A-1,2, 4 and 5. Motion passed 5:0 by a roll-call vote. (Pacas opposed Item #A- 2) (Item #A-2.1 Ordinance No. 484, Item #A-2.2 Ordinance No. 485) MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Pacas to approve Item #A-3. Motion passed 4:1 by a roll-call vote. (Luna opposed) (Item #A-3.1 Ordinance No. 486, Item #A-3.2 Ordinance No. 487) B. MANAGEMENT: 1. Parks and Recreation Commission Request to Hold Public Workshops on the Potential Future Uses of Stadium Park ■ Fiscal Impact: Staff time to hold public meetings. ■ Recommendation: Council provide direction to the Parks and Recreation Commission regarding their request to hold public workshops on the potential future uses of Stadium Park. [Community Services] Community Service Director Brady Cherry gave the staff report and answered questions of Council Council Member Luna expressed his concerns, which included staff time to hold the workshops and that there is nothing in the City's budget to implement a master plan at this time. Council Member Clay stated it is important to do something with Stadium Park so the public will use it, that it is a good idea to have the Parks and Recreation Commission deal with it, and to invite the Planning Commission to attend. Mayor Pro Tem O'Malley indicated there is a lot of potential for Stadium Park and it is time to be proactive and get this done. PUBLIC COMMENT Marge Mackay stated it is time for the Council to address this issue, and spoke about ALPS' contribution to Stadium Park. Sandy Jack, Parks and Recreation Commissioner, explained that it is important to start gathering information regarding what the community would like to see for Stadium Park. CC Draft Minutes 10/11/05 Page 5 of 7 He stated it is important to be ready to put a plan together for when funds become available. Rick Mathews, Chairman Parks and Recreation Commission, stated he supports staff's recommendation. He indicated that funding for a Stadium Park Master Plan had been programmed in the past but that it had fallen off. Commissioner Mathews stated that this site is environmentally sensitive and it is important to move forward with this. Eric Greening stated that this park is a treasure and though a formal master planning process with environmental review is preferable, what is proposed now is a good way to determine what the community would like to do with the park. He suggested taking funds programmed for the Sunken Gardens Master Plan and putting it toward a Stadium Park Master Plan. Barbie Butz, Parks and Recreation Commissioner, stated she supports the staff report and reminded everyone that nine years ago after the purchase of Stadium Park workshops were held, so there is some information with which to get started. Mayor Scalise closed the Public Comment period. Council Member Luna stated that one of the important things to be accomplished by the Parks and Recreation Commission is to discover what entities are interested in holding events in Stadium Park and what kinds of events are appropriate. MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Luna to direct the Parks and Recreation Commission to hold public workshops on the potential future uses of Stadium Park. Motion passed 5.0 by a voice vote. 2. County Library Discussion ■ Fiscal Impact: None. ■ Recommendation: Council discuss request from County Library and provide direction to staff. [City Manager] This item was pulled from the agenda. C. COMMITTEE & LIAISON REPORTS: None D. INDIVIDUAL DETERMINATION AND/OR ACTION: None CC Draft Minutes 10/11/05 Page 6 of 7 12 E. ADJOURNMENT: Mayor Scalise adjourned the meeting at 8:18 p.m. to the next regularly scheduled meeting of the City Council on October 25, 2005. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Deputy City Clerk CC Draft Minutes 10/11/05 Page 7 of 7 13 ITEM NUMBER: A 2 • DATE: 11 /08/05 1918 19� Atascadero City Council Staff Report - Administrative Services Department August 2005 Accounts Payable and Payroll RECOMMENDATION: Council approve certified City accounts payable, payroll and payroll vendor checks for August 2005. DISCUSSION: Attached for City Council review and approval are the following: Payroll Dated 8/11/05 Checks # 21559 - 21630 $ 62,230.13 Direct Deposits 170,947.92 Dated 8/25/05 Checks #21631 - 21696 59,061.78 Direct Deposits 170,713.59 Accounts Payable Dated 8/11/05 - 8/31/05 Checks # 101297 101838 & EFTs 360 -376 & 378 2,137,469.97 TOTAL AMOUNT $ 2,600,423.39 FISCAL IMPACT: Total expenditures for all funds is $ 2,600,423.39 CERTIFICATION: The undersigned certifies that the attached demands have been released for pa ent and that funds are available for.these deman Rache a Rickard, Director of Administrative Services ATTACHMENT: August 2005 Eden Warrant Register in the amount of $ 2,137,469.97 14 City of Atascadero Disbursement Listing For the Month of August 2005 Check Check Number Date Vendor Description Amount ie 360 8/2/2005 MID-STATE BANK Payroll Vendor Payment 41,292.97 101297 8/5/2005 AFLAC Payroll Vendor Payment 3,140.30 101298 8/5/2005 BLUE CROSS OF CALIFORNIA Payroll Vendor Payment 84,560.94 101299 8/5/2005 BLUE SHIELD OF CALIFORNIA Payroll Vendor Payment 1,621.50 101300 8/5/2005 DELTA DENTAL,ATTN:ACCOUNTING Payroll Vendor Payment 8,262.32 101301 8/5/2005 THE STANDARD UNIT 22 Payroll Vendor Payment 973.39 101302 8/6/2005 AIDS SUPPORT NETWORK Accounts Payable Check 445.00 101303 8/6/2005 ALAMEDA COUNTY SHERIFFS OFFICE Accounts Payable Check 175.00 101304 8/6/2005 JOE ALLEN Accounts Payable Check 225.18 101305 8/6/2005 AMERICAN RED CROSS Accounts Payable Check 1,400.00 101306 8/6/2005 PAULA ANTON Accounts Payable Check 500.00 101307 8/6/2005 ASSISTANCE LEAGUE OF SLOCO. Accounts Payable Check 500.00 101 308 8/6/2005 ATASCADERO BMX Accounts Payable Check 1,705.00 101309 8/6/2005 ATASCADERO COMMUNITY LINK Accounts Payable Check 1,000.00 141310 8/6/2005 ATASCADERO LOAVES&FISHES Accounts Payable Check 5,000.00 101311 8/6/2005 ANN BANKS Accounts Payable Check 740 101312 8/6/2005 CHARLES BART Accounts Payable Check 53,566.80 101313 8/6/2005 AMY M.BEEMAN Accounts Payable Check 361.20 101314 8/6/2005 CINDY K.BENSON' Accounts Payable Check 256.90 101315 8/6/2005 DIANE L.BISTAGNE Accounts Payable Check 136.50 101316 8/6/2005 SOL CAMPOS Accounts Payable Check 16.20 101317 8/6/2005 JASON F.CARR Accounts Payable Check 40.00 101318 8/6/2005 JALAINE CARRITHERS Accounts Payable Check 11.75 101319 8/6/2005 CASA OF SAN LUIS OBISPO COUNTY Accounts Payable Check 1,000.00 101320 8/6/2005 KATHY J.CINOWALT Accounts Payable Check 70.00 101321 8/6/2005 CITY OF LOS ANGELES- Accounts Payable Check 150.00 101322 8/6/2005 CJP PRODUCTIONS Accounts Payable Check 1,200.00 101323 8/6/2005 KAREN CLANIN Accounts Payable Check 591.50 101324 8/6/2005 MARIANNE CLARKS Accounts Payable Check 70.00 101325 8/6/2005 LES A.CRISTAL Accounts Payable Check 10,000.00 10I326 8/6/2005 DALLAS CROWN,INC Accounts Payable Check 4,757.96 101327 8/6/2005 BRIAN DANA Accounts Payable Check 160.00 101328: 8/6/2005 ROB C.DERRICK Accounts Payable Check 17* 101329 8/6/2005 KEITH J.FALERIOS Accounts'Payable Check 140... 15 City of Ataseadero Disbursement Listing For the Month of August 2005 Check Check ui- 101330 er Date Vendor Description Amount 8/6/2005 FEDERAL EXPRESS Accounts Payable Check 45.47 101331 8/6/2005 THOMAS E.GANDY Accounts Payable Check 200.00 101332 8/6/2005 GAS COMPANY Accounts Payable Check 354.04 101333 8/6/2005 KENNETH GLYNN Accounts Payable Check 115.50 101334 8/6/2005 KRAIG W.HALE Accounts Payable Check 204.00 101335 8/6/2005 BRIAN J.HAMPTON Accounts Payable Check 136.00 101336 8/6/2005 ROCHELLE O.HANSON Accounts Payable Check 40.00 101337 8/6/2005 JENNIFER HERRON Accounts Payable Check 10.69 101338 8/6/2005 HOSPICE OF SLO COUNTY Accounts Payable Check 1,600.00 101339 8/6/2005 EVELYN INGRAM Accounts Payable Check 889.70 101340 8/6/2005 JAKE FANNING CONSTRUCTION Accounts Payable Check 1,750.00 101341 8/6/2005 TOM JAMASON Accounts Payable Check 145.00 101342 8/6/2005 JAKE M.JORGENSEN Accounts Payable Check 80.00 101343 8/6/2005 CAMERON R.KING Accounts Payable Check 60.00 101344 8/6/2005 MATT SCROGGINS CUSTOM PLASTER Accounts Payable Check 4,994.00 101345 8/6/2005 BECKY MAXWELL Accounts Payable Check 31.10 101346 8/6/2005 STEVEN M.MCCLELLAN Accounts Payable Check 255.00 101347 8/6/2005 WADE MCKINNEY Accounts Payable Check 218.48 101348 8/6/2005 MARGARET NAVARRO Accounts Payable Check 100.00 101349 8/6/2005 NORTH COUNTY CONNECTION Accounts Payable Check 1,600.00 101350 8/6/2005 NORTH COUNTY HUMANE SOCIETY Accounts Payable Check 5,000.00 101351 8/6/2005 NORTH COUNTY WOMENS SHELTER Accounts Payable Check 3,000.00 101352 8/6/2005 TERRY O'FARRELL Accounts Payable Check 140.00 101354 8/6/2005 PACIFIC GAS AND ELECTRIC Accounts Payable Check 16,621.73 101355 8/6/2005 PASO ROBLES HEATING&AIR COND Accounts Payable Check 60,000.00 101356 8/6/2005 KAREN POLAND Accounts Payable Check 21.15 101357 8/6/2005 CAROLE ROBINSON Accounts Payable Check 140.00 101358 8/6/2005 DEPT OF ADMIN.JUSTICE SAN JOSE STATE UNIVEI Accounts Payable Check 510.00 101359 8/6/2005 SANTA LUCIA SPORTSMEN ASSOCIAT Accounts Payable Check 224.00 101360 8/6/2005 SBC SMART YELLOW PAGES Accounts Payable Check 192.00 101361 8/6/2005 LISETTE SCHOLL Accounts Payable Check 227.50 101362 8/6/2005 SENIOR LEGAL SERVICES PROJECT Accounts Payable Check 750.00 101363 8/6/2005 SENIOR NUTRITION PROGRAM Accounts Payable Check 1,000.00 0101364 8/6/2005 RICHARD J. SHANNON Accounts Payable Check 195.00 101365 8/6/2005 SLO COUNTY HOUSING TRUST FUND Accounts Payable Check 5,000.00 101366 8/6/2005 DAVID L.SMAW Accounts Payable Check 85.00 16 City of Atascadero Disbursement Listing For the Month of August 2005 Check Check Number Date Vendor Description Amount 101367 8/6/2005 RYAN SMITH Accounts Payable Check 113.67 101368 8/6/2005 GARI STINEBAUGH Accounts Payable Check 9.31 101369 8/6/2005 MARCIA TORGERSON Accounts Payable Check 39.20 101370 8/6/2005 TRAINING INNOVATIONS,INC. Accounts Payable Check 600.00 101371 8/6/2005 TRANSITIONS-MENTAL HEALTH ASSC Accounts Payable Check 1,000.00 101372 8/6/2005 JEFF VAN DEN EIKHOF Accounts Payable Check 40.00 101373 8/6/2005 VERIZON WIRELESS Accounts Payable Check 144.88 101374 8/6/2005 WILLIAM P.WHITE Accounts Payable Check 80.00 101375 8/6/2005 SUSAN M.WILLIAMS Accounts Payable Check 7.13 101376 8/6/2005 JEFF WILSHUSEN Accounts Payable Check 140.00 101377 8/6/2005 JIM R.YANCHESON Accounts Payable Check 205.80 101378 8/8/2005 A&T ARBORISTS Accounts Payable Check 300.00 101379 8/8/2005 BEST BEST&KRIEGER LLP Accounts Payable Check 3,857.31 101380 8/8/2005 BFGC ARCHITECTS PLANNERS,INC. Accounts Payable Check 102,670.47 101381 8/8/2005 BOB'S CRANE SERVICE Accounts Payable Check 250.00 101382 8/8/2005 CJP PRODUCTIONS Accounts Payable Check 600.00 101383 8/8/2005 ROBYN ELLIOTT Accounts Payable Check 80.10 101384 8/8/2005 MIDORI HILL FELDMAN Accounts Payable Check 300.00 101385 8/8/2005 MAINLINE UTILITY CO. Accounts Payable Check 100.00 101386 8/8/2005 DEBBIE MARSEILLES Accounts Payable Check 85.00 101387 8/8/2005 BECKY MAXWELL Accounts Payable Check 31.10 101388 8/8/2005 MINER'S ACE HARDWARE Accounts Payable Check 46.55 101389 8/8/2005 DOROTHY NELSON Accounts Payable Check 93.50 101390 8/8/2005 SANTA MARGARITA CONST.CORP. Accounts Payable Check 2,283.00 101391 8/8/2005 SBC Accounts Payable Check 32.26 101392 8/8/2005 SBC/MCI Accounts Payable Check 16.68 101393 8/8/2005 SIERRA VISTA REG.MED.CENTER Accounts Payable Check 369.00 101394 8/8/2005 MARCIA TORGERSON Accounts Payable Check 6.08 101395 8/8/2005 UNION ASPHALT,INC. Accounts Payable Check 4,623.58 101396 8/8/2005 WALLACE GROUP Accounts Payable Check 2,806.16 101397 8/8/2005 WYSONG CONSTRUCTION Accounts Payable Check 91,422.00 101398 8/8/2005 WYSONG CONSTRUCTION Accounts Payable Check 236,621.88 101413 8/11/2005 AXA EQUITABLE Payroll Vendor Payment 185.58 101414 8/11/2005 CITIPAC Payroll Vendor Payment 150 101415 8/11/2005 UNUM PROVIDENT Payroll Vendor Payment 607.92 17 City of Ataseadero Disbursement Listing For the Month of August 2005 Check Check umber Date Vendor Description Amount 101399 8/12/2005 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 570.00 101400 8/12/2005 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 20.00 101401 8/12/2005 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 388.16 101402 8/12/2005 FAMILY SUPPORT DIVISION Payroll Vendor Payment 207.69 101403 8/12/2005 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 8,782.76 101404 8/12/2005 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 1,103.64 101405 8/12/2005 HARTFORD LIFE INSURANCE Payroll Vendor Payment 10,650.38 101406 8/12/2005 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 1,268.46 101407 8/12/2005 KENNEDY CLUB FITNESS Payroll Vendor Payment 88.00 101408 8/12/2005 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 1,142.40 101409 8/12/2005 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 16.19 101410 8/12/2005 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 68,031.35 101411 8/12/2005 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 653.78 101412 8/12/2005 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 26.00 362 8/15/2005 MID-STATE BANK Accounts Payable Check 190.00 363 8/15/2005 MID-STATE BANK Accounts Payable Check 85.00 364 8/15/2005 MID-STATE BANK Accounts Payable Check 80.00 365 8/15/2005 MID-STATE BANK Accounts Payable Check 65.00 366 8/15/2005 MID-STATE BANK Accounts Payable Check 30.00 367 8/15/2005 MID-STATE BANK Accounts Payable Check 190.00 368 8/15/2005 MID-STATE BANK Accounts Payable Check 125.00 369 8/15/2005 MID-STATE BANK Accounts Payable Check 30.00 370 8/15/2005 MID-STATE BANK Accounts Payable Check 40.00 371 8/15/2005 MID-STATE BANK Accounts Payable Check 10.00 372 8/15/2005 MID-STATE BANK Accounts Payable Check 80.00 373 8/15/2005 MID-STATE BANK Accounts Payable Check 450.00 101416 8/15/2005 A&T ARBORISTS Accounts Payable Check 150.00 101417 8/15/2005 A-JAY EXCAVATING,INC. Accounts Payable Check 230.00 101418 8/15/2005 KEITH AGGSON Accounts Payable Check 10.00 101419 8/15/2005 ALL ABOUT PRODUCE,CORP. Accounts Payable Check 445.40 101420 8/15/2005 AMERICAN PUBLIC WORKS ASSC Accounts Payable Check 202.00 101421 8/15/2005 APPLIED ENGINEERING Accounts Payable Check 1,667.80 101422 8/15/2005 ARAMARK UNIFORM SERVICES Accounts Payable Check 434.80 101423 8/15/2005 GINA ARIAS Accounts Payable Check 20.25 101424 8/15/2005 ASAP REPROGRAPHICS Accounts Payable Check 386.10 18 City of Atascadero Disbursement Listing For the Month of August 2005 Check Check Number Date Vendor Description Amount 101425 8/15/2005 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 747.62 101426 8/15/2005 ATASCADERO FORD Accounts Payable Check 903.48 101427 8/15/2005 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 20.00 101429 8/15/2005 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 11,408.05 101430 8/15/2005 ATASCADERO TRAFFIC WAY STORAGE Accounts Payable Check 942.00 101431 8/15/2005 ATASCADERO WELDING Accounts Payable Check 217.17 101432 8/15/2005 BASSETT'S CRICKET RANCH,INC. Accounts Payable Check 56.81 101433 8/15/2005 BATTERY SYSTEMS Accounts Payable Check 122.16 101434 8/15/2005 BAUER COMPRESSORS Accounts Payable Check 302.09 101435 8/15/2005 BOB'S CRANE SERVICE Accounts Payable Check 250.00 101436 8/15/2005 CALIF CONFERENCE OF ARSON INV Accounts Payable Check 100.00 101437 8/15/2005 CALIFORNIA CODE CHECK Accounts Payable Check 4,198.04 101438 8/15/2005 CFCA-EMS SECTION SO DIVISION Accounts Payable Check 150.00 101439 8/15/2005 BRADY CHERRY Accounts Payable Check 300.00 101440 8/15/2005 JOSEPH CHOUINARD P.E. Accounts Payable Check 121.34 101441 8/15/2005 CINGULAR WIRELESS Accounts Payable Check 104.38 101442 8/15/2005 JERRY L.CLAY Accounts Payable Check 75.0 101443 8/15/2005 COMCO COMPUTERS Accounts Payable Check 84.2 101444 8/15/2005 DS FREEMAN CO,LLC Accounts Payable Check 2,750.00 101445 8/15/2005 EL CAMINO ASSOCIATES Accounts Payable Check 11,946.00 101446 8/15/2005 WARREN FRACE Accounts Payable Check 300.00 101447 8/15/2005 GAS COMPANY Accounts Payable Check 2732 101448 8/15/2005 PETER GAW Accounts Payable Check 10.00 101449 8/15/2005 MIKE GIL Accounts Payable Check 51.00 101450 8/15/2005 GILBERT'S LANDSCAPES Accounts Payable Check 345.00 101451 8/15/2005 NATHAN HASCH Accounts Payable Check 10.00 101452 8/15/2005 HOBBY BODY&PAINT SHOP Accounts Payable Check 486.19 101453 8/15/2005 INTL ASSC OF ARSON INVESTIGATO Accounts Payable Check 75.00 101454 8/15/2005 JAKE FANNING CONSTRUCTION Accounts Payable Check 1,050.00 101455 8/15/2005 STEVEN KAHN Accounts Payable Check 300.00 101456 8/15/2005 DOUG LEE Accounts Payable Check 74.52 101457 8/15/2005 JAMES R.LEWIS Accounts Payable Check 250.00 101458 8/15/2005 GEORGE W.LUNA Accounts Payable Check 75.00 101459 8/15/2005 STEVEN M.MCCLELLAN Accounts Payable Check 85.0 101460 8/t5/2005 DAN MCGAULEY Accounts Payable Check 10. 19 City of Atascadero Disbursement Listini For the Month of August 2005 Check Check umber Date Vendor Description Amount 101461 8/15/2005 WADE MCKINNEY Accounts Payable Check 500.00 101462 8/15/2005 MGE UNDERGROUND,INC. Accounts Payable Check 69,136.20 101463 8/15/2005 PATTY MORRISON Accounts Payable Check 2.00 101464 8/15/2005 MORRO GROUP,INC. Accounts Payable Check 1,491.13 101465 8/15/2005 THOMAS P. O'MALLEY Accounts Payable Check 75.00 101466 8/15/2005 BECKY J.PACAS Accounts Payable Check 75.00 101467 8/15/2005 DEAN PERICIC Accounts Payable Check 10.00 101468 8/15/2005 PHOENIX FOODSERVICES Accounts Payable Check 68.00 101469 8/15/2005 RACHELLE RICKARD Accounts Payable Check 300.00 101470 8/15/2005 SAN LUIS PERSONNEL INC. Accounts Payable Check 80.16 101471 8/15/2005 SANTA MARGARITA CONST.CORP. Accounts Payable Check 64,535.00 101472 8/15/2005 WENDY SCALISE Accounts Payable Check 75.00 101473 8/15/2005 RICHARD J. SHANNON Accounts Payable Check 315.00 101474 8/15/2005 JOHN SIEMENS Accounts Payable Check 458.85 101475 8/15/2005 SLO COUNTY FIRE DEPARTMENT Accounts Payable Check 112.00 101476 8/15/2005 DAVID L.SMAW Accounts Payable Check 102.00 101477 8/15/2005 SOUZA CONSTRUCTION INC. Accounts Payable Check 84,659.63 101478 8/15/2005 SPECTRUM RESOURCES Accounts Payable Check 1,750.00 101479 8/15/2005 MICHAEL STORNETTA Accounts Payable Check 10.00 101480 8/15/2005 TIME WARNER TELECOM Accounts Payable Check 1,312.64 101481 8/15/2005 TRIBUNE Accounts Payable Check 171.00 101482 8/15/2005 U.S.POSTAL SERVICE/NEOPOST Accounts Payable Check 5,000.00 101483 8/15/2005 UNITED STAFFING ASSOCIATES Accounts Payable Check 6,038.40 101484 8/15/2005 WALLACE GROUP Accounts Payable Check 7,082.12 101485 8/15/2005 WEST COAST INSTITUTE OF SPORT Accounts Payable Check 1,743.00 101486 8/15/2005 DANIEL J.WILLS Accounts Payable Check 90.32 361 8/16/2005 MID-STATE BANK Payroll Vendor Payment 38,582.00 374 8/22/2005 BANK OF NEW YORK Accounts Payable Check 137,374.93 101487 8/23/2005 ACTION TOWING Accounts Payable Check 60.00 101488 8/23/2005 ALTHOUSE&MEADE,INC. Accounts Payable Check 1,658.50 101489 8/23/2005 ARAMARK UNIFORM SERVICES Accounts Payable Check 176.98 101490 8/23/2005 ATASCADERO NEWS Accounts Payable Check 631.00 101491 8/23/2005 VOID Accounts Payable Check 0.00 101492 8/23/2005 BRADS OVERHEAD DOORS,INC. Accounts Payable Check 125.00 20 City of Atascadero Disbursement Listing For the Month of August 2005 Check Check Number Date Vendor Description Amount lb 101493 8/23/2005 JACK BRIDWELL Accounts Payable Check 20,475.00 101494 8/23/2005 CALIFORNIA CONSERVATION CORP Accounts Payable Check 2,000.00 101495 8/23/2005 COASTAL CARDIOLOGY,INC. Accounts Payable Check 245.32 101496 8/23/2005 CRYSTAL SPRINGS WATER Accounts Payable Check 63.78 101497 8/23/2005 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 3,040.15 101498 8/23/2005 EARTH SYSTEMS PACIFIC Accounts Payable Check 245.00 101499 8/23/2005 EASYLINK Accounts Payable Check 0.21 101500 8/23/2005 ECONOMIC OPPORTUNITY COMMISSIO Accounts Payable Check 1,000.00 101501 8/23/2005 ENVIRONMENTAL CONCEPTS Accounts Payable Check 2,442.04 101502 8/23/2005 GODBE RESEARCH&ANALYSIS Accounts Payable Check 10,377.50 101503 8/23/2005 H.D.PETERSON Accounts Payable Check 372.59 101504 8/23/2005 HOME DEPOT Accounts Payable Check 1,070.90 101505 8/23/2005 HOME DEPOT Accounts Payable Check 147.73 101507 8/23/2005 I.M.P.A.C.GOVERNMENT SERVICES Accounts Payable Check 7,942.26 101508 8/23/2005 INFORMATION TECHNOLOGY Accounts Payable Check 207.56 101509 8/23/2005 DOUG LEE Accounts Payable Check 20.25 101510 8/23/2005 WADE MCKINNEY Accounts Payable Check 55. 1 8/23/2005 OFFICEMAX CREDIT PLAN Accounts Payable able Check 408.y 101512 8/23/2005 PADRE ASSOCIATES,INC. Accounts Payable Check 650.00 101513 8/23/2005 PRINT LOGIC,INC. Accounts Payable Check 70.00 101514 8/23/2005 PROGRESSIVE MEDICAL INTERNATIO Accounts Payable Check 412.93 101515 8/23/2005 RAMINHA CONSTRUCTION,INC. Accounts Payable Check 55,598.00 101.516 8/23/2005 SANTA MARIA TIRE,INC. Accounts Payable Check 5.36 101517 8/23/2005 SBC Accounts Payable Check 66.94 101518 8/23/2005 SBC/MCI Accounts Payable Check 71.24 101519 8/23/2005 STAPLES CREDIT PLAN Accounts Payable Check 110.35 101520 8/23/2005 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 281.04 101521 8/23/2005 TOM WAY Accounts Payable Check 50.00 101522 8/23/2005 WESTERN FARM SERVICE,INC. Accounts Payable Check 2,377.00 101523 8/23/2005 DANIEL J.WILLS Accounts Payable Check 61.56 101524 8/24/2005 BFGC ARCHITECTS PLANNERS,INC. Accounts Payable Check 115,608.41 101525 8/24/2005 BFGC ARCHITECTS PLANNERS,INC. Accounts Payable Check 46,065.51 101526 8/25/2005 CITY OF ARROYO GRANDE Accounts Payable Check 280.00 375 8/26/2005 BANK OF NEW YORK Accounts Payable Check 671550.0 21 City of Atascadero Disbursement Listing For the Month of August 2005 Check Check umber Date Vendor Description Amount 101527 8/26/2005 AFFSS SOUTHERN DIVISION Accounts Payable Check 50.00 101528 8/26/2005 AHERN RENTALS Accounts Payable Check 627.85 101529 8/26/2005 AK&COMPANY Accounts Payable Check 2,950.00 101530 8/26/2005 AT&T Accounts Payable Check 69.33 101531 8/26/2005 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 25,300.00 101532 8/26/2005 ATASCADERO COLONY DAYS COMMITT Accounts Payable Check 250.00 101533 8/26/2005 ATASCADERO GLASS,INC. Accounts Payable Check 3,480.00 101534 8/26/2005 BEST BEST&KRIEGER LLP Accounts Payable Check 3,844.85 101535 8/26/2005 JACK BRIDWELL Accounts Payable Check 19,700.00 101536 8/26/2005 CALIFORNIA CODE CHECK Accounts Payable Check 2,517.50 101537 8/26/2005 CALIFORNIA RELEAF Accounts Payable Check 250.00 101538 8/26/2005 SOL CAMPOS Accounts Payable Check 140.00 101539 8/26/2005 CHEVRON Accounts Payable Check 1,081.18 101540 8/26/2005 CINGULAR WIRELESS Accounts Payable Check 104.38 101541 8/26/2005 CINGULAR WIRELESS Accounts Payable Check 24.19 101542 8/26/2005 CJP PRODUCTIONS Accounts Payable Check 1,500.00 101543 8/26/2005 CONOCOPHILLIPS Accounts Payable Check 3,854.69 101544 8/26/2005 JOHN COUCH Accounts Payable Check 120.00 101545 8/26/2005 DINYARI,INC. Accounts Payable Check 19,645.04 101546 8/26/2005 DANIEL P.&KATHLEEN A.DUCASSE Accounts Payable Check 500.00 101547 8/26/2005 ECIVIS,INC. Accounts Payable Check 625.00 101548 8/26/2005 ESRI Accounts Payable Check 6,821.98 101549 8/26/2005 EXECUTIVE COMMUNICATION SYSTEM Accounts Payable Check 3,400.00 101550 8/26/2005 EXECUTIVE INFORMATION SERVICES Accounts Payable Check 11,125.00 101551 8/26/2005 EXXON MOBIL Accounts Payable Check 26.54 101552 8/26/2005 FEDERAL EXPRESS Accounts Payable Check 286.58 101553 8/26/2005 FEDERAL EXPRESS Accounts Payable Check 18.75 101554 8/26/2005 FENCE FACTORY ATASCADERO Accounts Payable Check 277.28 101555 8/26/2005 GAS COMPANY Accounts Payable Check 186.94 101556 8/26/2005 GRISANTI HARDWARE Accounts Payable Check 6.06 101557 8/26/2005 HELLS CANYON BOOT MFG. Accounts Payable Check 115.00 101558 8/26/2005 HOME DEPOT Accounts Payable Check 139.22 101561 8/26/2005 LM.P.A.C.GOVERNMENT SERVICES Accounts Payable Check 8,962.19 101562 8/26/2005 I.M.P.A.C. GOVERNMENT SERVICES Accounts Payable Check 1,215.00 101563 8/26/2005 KRONICK,MOSKOVITZ,TIEDEMANN,& Accounts Payable Check 8,403.18 101564 8/26/2005 JAMES R.LEWIS Accounts Payable Check 240.00 22 City of Ataseadero Disbursement Listing For the Month of August 2005 Check Check Number Date Vendor Description Amount 101565 8/26/2005 LIEBERT CASSIDY WHITMORE Accounts Payable Check 341.80 101566 8/26/2005 WADE MCKINNEY Accounts Payable Check 368.98 101567 8/26/2005 MORRO GROUP,INC. Accounts Payable Check 12,029.55 101568 8/26/2005 MUNIFINANCIAL Accounts Payable Check 2,526.73 101569- 8/26/2005 NEW EDGE NETWORKS TRANSEDGE Accounts Payable Check 284.15 101570 8/26/2005 OFFICE DEPOT INC. Accounts Payable Check 1,504.72 101571 8/26/2005 GLENN OHLER Accounts Payable Check 107.05 101572 8/26/2005 PACIFIC GAS AND ELECTRIC Accounts Payable Check 3,689.38 101573 8/26/2005 S.PASKIN Accounts Payable Check 2,500.00 101574 8/26/2005 GRACE L.PUCCI Accounts Payable Check 945.00 101575 8/26/2005 SAN LUIS PERSONNEL INC. Accounts Payable Check 1,056.48 101576 8/26/2005 SANTA MARGARITA CONST.CORP. Accounts Payable Check 47,787.00 101577 8/26/2005 SBC Accounts Payable Check 210.66 101578 8/26/2005 SBC SMART YELLOW PAGES Accounts Payable Check 219.88 101581 8/26/2005 SBC/MCI Accounts Payable Check 1,922.22 101582 8/26/2005 SHELL Accounts Payable Check 105.83 101583 8/26/2005 STAPLES CREDIT PLAN Accounts Payable Check 31.0 101584 8/26/2005 SYLVESTER'S SECURITY ALARMS Accounts Payable Check 630. 101585 8/26/2005 TESORO Accounts Payable Check 4,742.88 101586 8/26/2005 TRIBUNE Accounts Payable Check 789.84 101587 8/26/2005 UNITED STAFFING ASSOCIATES Accounts Payable Check 5,222.40 101588 8/26/2005 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 9,888.04 101589 8/26/2005 VERIZON WIRELESS Accounts Payable Check 1,372.16 101590 8/26/2005 TOM WAY Accounts Payable Check 210.00 101591 8/26/2005 CATHY WEEKS Accounts Payable Check 533.58 101592 8/26/2005 SUSAN M.WILLIAMS Accounts Payable Check 7.13 101593 8/26/2005 WOLFPACK GEAR Accounts Payable Check 4,194.14 101594 8/26/2005 A&T ARBORISTS Accounts Payable Check 300.00 101595 8/26/2005 ALTHOUSE&MEADE,INC. Accounts Payable Check 5,101.67 101596 8/26/2005 ATASCADERO COMMUNITY Accounts Payable Check 31,133.00 101597 8/26/2005 CANNON ASSOCIATES Accounts Payable Check 418.00 101598 8/26/2005 BARRY HARDY Accounts Payable Check 70.00 101599 8/26/2005 IDENTIX INCORPORATED Accounts Payable Check 1,091.49 101600 8/26/2005 KRONICK,MOSKOVITZ,TIEDEMANN,& Accounts Payable Check 5,969.7 101601 8/26/2005 LEW EDWARDS GROUP Accounts Payable Check 3,33 23 City of Atascadero Disbursement Listing For the Month of August 2005 Check Check umber Date Vendor Description Amount 101602 8/26/2005 SAN LUIS OBISPO COUNTY SHERIFF Accounts Payable Check 13,227.50 101603 8/26/2005 THOMA ELECTRIC,INC. Accounts Payable Check 950.00 101604 8/26/2005 URS CORPORATION Accounts Payable Check 31,082.85 101605 8/26/2005 ZOLL MEDICAL CORPORATION Accounts Payable Check 5,176.40 101822 8/26/2005 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 570.00 101823 8/26/2005 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 20.00 101824 8/26/2005 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 424.55 101825 8/26/2005 AXA EQUITABLE Payroll Vendor Payment 185.57 101826 8/26/2005 FAMILY SUPPORT DIVISION Payroll Vendor Payment 207.69 101827 8/26/2005 CITIPAC Payroll Vendor Payment 15.00 101828 8/26/2005 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 8,661.92 101829 8/26/2005 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 1,071.96 101830 8/26/2005 HARTFORD LIFE INSURANCE Payroll Vendor Payment 10,190.38 101831 8/26/2005 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 968.46 101832 8/26/2005 KENNEDY CLUB FITNESS Payroll Vendor Payment 88.00 101833 8/26/2005 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 1,199.19 101834 8/26/2005 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 16.19 101835 8/26/2005 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 67,912.95 101836 8/26/2005 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 625.98 101837 8/26/2005 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 26.00 101838 8/26/2005 UNUM LIFE INSURANCE CO. Payroll Vendor Payment 156.58 376 8/29/2005 MID-STATE BANK Accounts Payable Check 15.62 378 8/30/2005 MID-STATE BANK Payroll Vendor Payment 37,895.56 $ 2,137,469.97 24 ITEM NUMBER: A-3 DATE: 11/8/05 e. ® ■ 19118 ® 1979 Atascadero City Council Staff Report - Administrative Service Department State CDBG Grant Application RECOMMENDATIONS: Council: 1. Adopt Draft Resolution approving the grant application for CDBG Disaster Recovery funds for the Youth / Community Center Complex; and, 2. Authorize the City Manager to execute a contract with the State of California if the City is awarded said grant. REPORT-IN-BRIEF: In August 2005, the State Department of Housing and Community Development announced the availability of Disaster Recovery funds available to jurisdictions impacted by and declared federal disaster areas by President Bush between August 31, 2003 and October 1, 2004. Eligible applicants are limited to jurisdictions located in a declared disaster area, including the counties affected by the San Simeon earthquake. Distribution and monitoring of these funds will be under the direction of the Department's State Community Development Block Grant (CDBG) Program. DISCUSSION: The budget for construction of the Youth / Community Center Complex encompasses construction of the building and related site improvements, including parking. Because the Youth / Community Center Complex is located in the Redevelopment Area, it qualifies for CDBG program funding, under the category of blight elimination. If the City is awarded the maximum award of $1,000,000, this will allow additional amenities and furnishings for the Youth/ Community Center Complex. 25 ITEM NUMBER: A-3 DATE; 11/8/05 FISCAL IMPACT: Possibility of up to $1,000,000 in grant funding for the Youth / Community Center Complex project. ALTERNATIVES: Do not approve the grant application for submission and locate additional funding from other source(s). ATTACHMENTS: 1. Draft Resolution- Approving an application and contract execution for funding from the Disaster Recovery Initiative program of the State Community Development Block Grant (CDBG) program and authorizing the execution of a grant agreement and any amendments thereto with the State of California for the purposes of this grant. 26 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR FUNDING FROM THE DISASTER RECOVERY INITIATIVE PROGRAM OF THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT WHEREAS, the State Department of Housing and Community Development announced the availability of Disaster Recovery funds available to jurisdictions impacted by and declared federal disaster areas by President Bush between August 31, 2003 and October 1, 2004; and, WHEREAS, eligible applicants are limited to jurisdictions located in a declared disaster area, including San Luis Obispo and Santa Barbara counties, affected by the San Simeon earthquake; and, WHEREAS, the projected cost of complete construction for the Youth / Community Center Complex is in excess of$1,000,000 more than funding currently available. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero SECTION 1. The City Council has reviewed the activities and hereby approves an application for up to $1,000,000 gap funding for construction of the Youth / Community Center Complex. SECTION 2. The City will provide, or has provided, other funding for the Youth / Community Center Complex as follows: FEMA/OES Improved Project funding: $4,051,020 HUD Special Project Grant: $397,640 Redevelopment Agency funds: $500,000 Other City and Community funds: $1,816,930 27 Draft Resolution Page Two SECTION 3. The City Manager is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application. SECTION 4. If the application is approved, the City Manager is authorized to enter into and sign the grant agreement and any amendments thereto with the State of California for the purposes of this grant. 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: Wendy Scalise, Mayor Attest: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney 28 ITEM NUMBER: A-4 DATE: 11/08/05 �01 Nil N ■ 1918 � Y879 I \ATAs��►/ Atascadero City Council Staff Report Public Works department Final Map 2005-0114 (Tract 2664) 6205 Tecorida (TTM 2004-0057) (Gearhart) RECOMMENDATIONS: Council: 1. Accept Final Tract Map 2005-0114 (Tract 2664);and, 2. Reject offer of dedication for Street Purposes without prejudice to future acceptance. DISCUSSION: Tentative Tract Map 2004-0057 / Tract 2664 was approved by the Planning Commission on December 7, 2004. The approved tentative tract map would create eight air space condominiums. Pursuant to California Government Code Section 66440 the approving legislative body (City Council) cannot deny a final map that is consistent with an approved tentative map. The legislative body is also required to accept, accept subject to improvement, or reject on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. Staff recommends rejecting the offer of dedication for street purposes, without prejudice to future acceptance, as shown on the final map. Staff has determined that the Final Tract Map is consistent with approved Tentative Tract Map. FISCAL IMPACT: None ATTACHMENT: Exhibit A: Final Map 2005-0114 (Tract 2664) 29 ITEM NUMBER: A-4 DATE: 11/08/05 Exhibit A Final Map 2005-0114(Tract 2664) 6205 Tecorida Gearhart b 12. ' %,° �• ,-is �• a ,� 1 al I I b: tj I W I I ,II I G 1 I ( a i IypR xl .y 1 I 104 x+rMHm S'n. 3 q ee � �! 3ylyrap Im f y I II Rio, I � �- y. SM' ;y�q�'p W �.. � � � Via► d0'�_ , fit r y 30 ITEM NUMBER: A-5 DATE: 11/08/05 n leis � ne e Atascadero City- Council Staff Report Public Works Department Final Map 2005-0120 (Tract 2714 Phase 1) 2555 and 2605 EI Camino Real (TTM 2004-0064) (Central Coast Assets /Laughlin Development) RECOMMENDATIONS: Council• 1. Accept Final Tract Map 2005-0120(Tract 2714 Phase 1); and, 2. Reject offer of dedication for Public Utility Easement without prejudice to future acceptance. DISCUSSION: Tentative Tract Map 2004-0064 / Tract 2714 was approved by the Planning Commission on May 3, 2005. The approved tentative tract map would create eighty- nine air space condominiums on two common lots, and a single-family residential parcel Phase 1 of this Tract Map creates the two common lots and the single-family residential parcel. Phase 2 will create the condo maps. Pursuant to California Government Code Section 66440 the approving legislative body (City Council) cannot deny a final map that is consistent with an approved tentative map. The legislative body is also required to accept, accept subject to improvement, or reject on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. Staff recommends rejecting the offer of dedication for public utility easement, without prejudice to future acceptance, as shown on the final map. Staff has determined that the Final Tract Map is consistent with approved Tentative Tract Map. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Final Map 2005-0120 (Tract 2714 Phase 1) 31 ITEM NUMBER: A- 5 DATE: 11/08/05 Exhibit A Final Map 2005-0120(Tract 2714 Phase 1) 2555 and 2605 El Camino Real Central Coast Associates and Laughlin Development yQ�_p 1Y,•« I CSi. a'L9Y�6•E '109it 1 �n s awaer -Zi-, 4�^ a�� g zea g � u m 4 g r k l ' aka I•W f x a000'ar r.. w _ tNIQY 4�s N R i �R � p xgggg if LA41T . e�i Bad A /FA tib r/l-yq� AR z 2 x i +x f,rSm ad d V �, 91, U WIto, $ s sA• « � big 32 ITEM NUMBER: A-6 DATE: 11/08/05 �s 9 A tascadero City Council Staff Report- Public Works Department Temporary Road Closure Santa Barbara Road and Viejo Camino RECOMMENDATION: Council approve the request from Burke Construction for the temporary closure of Santa Barbara Road from EI Camino Real to Viejo Camino and the closure of Viejo Camino from Santa Barbara Road to Halcon Road. DISCUSSION: Burkeo t C ns ruction is constructing the offsite improvements for the .Las .Lomas Subdivision off Halcon Road. This work will involve widening and repaving of the road surface of Santa Barbara Road from EI Camino Real to Viejo Camino and Viejo Camino from Santa Barbara Road to Halcon Road. Burke Construction has requested to be able to close the roads during construction. The requested dates are November 14 to 18 and November 21 to 23. The hours of closure would be from 6:30 am until 4:30 pm. All residences will be allowed access to their homes during construction. This will provide a shorter duration of public inconvenience due to construction and a better quality finished road surface. If the roads were not closed, there would still be delays due to construction flagging. Burke Construction has coordinated the closure with the operators of Rocky Canyon Quarry and the contractor for Dove Creek. The public will be notified of the closure through the media, signage and flyers. The detour routes will be clearly delineated, providing advanced notice of the closure and alternate routes ATTACHMENT: 1. Area Map 33 REVISIONS APPROVALS DESCRIPTIONS BY I DATE JAPPROVED ROAD CLOSURES O'L 09 O CAM/NO HiQ? sy N EL En CAPM41NO n REAL U, S yIOHWAy nor 0 0 W g Q a g r y� GS yrcy �q y DRAWN BY: CITY OF ATASCADERO LDCDRAWING NO. LDDESIGNED BY: ENGINEERING DEPARTMENT 0 o5 AREA MAP FILE NAME: XXXXX 34 ITEM NUMBER: B - 1 DATE: 11/08/05 Minn'• IN ie Atascadero City Council Staff Report - City Manager's Office County Library Discussion RECOMMENDATION: Council discuss request from County Library and provide direction to staff. DISCUSSION: Brian Reynolds the County Library Director sent the attached letter to the City Council regarding the County Library. Mr. Reynolds describes the work that has been done in pursuit of a new and or expanded facility in Atascadero. In the letter Mr. Reynolds requests the Council to discuss the following issues. • How soon should a new public library be built in Atascadero? • Where should this new library be located? • How will the building and operating costs be handled? According to the Tetter, Mr. Reynolds is looking for impressions and ideas from the Atascadero community. Mr. Reynolds indicated to City staff that he would be willing to participate in public forums to gain public input on these issues. He is looking to the City to encourage participation and perhaps cosponsor such a forum. The City has participated in the library expansion/relocation by donating funding and including the library in the City's capital fee program. The City collects funds from each new development project for library expansion. The City has not been involved in library operations or the expansion plans. FISCAL IMPACT: None. ATTACHMENTS: 1. Letter and attachments from Brian Reynolds, County Library Director. 35 San Luis Obispo City-County r r P.O. Box 8107, Sari Luis Obispo, CA 93403-8107 995 Palm Street (805) 781-5991 Library Administration (805) 781-5784 9 November 2005 To: Honorable City Council, City of Atascadero From: Brian A. Reynolds, Library Director"'' li�_ Subject: New Atascadero Library Building Background The current Atascadero/Martin Polin Branch Library is too small to adequately serve the public. Today,this Library should be at least twice as large as it is. Using our normal procedures for estimating the size of branch libraries for a twenty-year window, this particular Library should be about three times its current size. While we still face the traditional funding barriers to creating a new Library---needing money for building and operating the new facility—there is renewed interest in having a larger library, probably in a location closer to downtown. For example,I have been approached by Dr. Jim Harrison to consider a site in the new Colony Square development, and also by Atascadero Unified School District officials to consider sharing property with a new performing arts/teacher education center. A Proposal Several months ago I convened an ad hoe committee to analyze potential sites for building a new, larger Atascadero Library. The committee's report is attached to this cover letter,in two parts: a detailed spread sheet and a summary analysis. I respectfully ask that your Council consider three questions: • How soon should a new public library be built in Atascadero? • Where should this new library be located? • How will the building and operating costs be handled? It seems to that residents of Atascadero will have good answers to these questions and I ask that your Honorable Council implement a way to approach the community in order to get these answers. A couple of ways might include a community meeting and/or a community survey of some sort. I look forward to discussing these issues with you. Thank you. Enclosure 36 r a= 3 o N N p1 � 3 o c m �D to :E y C.) Z y O Cn co>>r D CD oo =N nnmc �mpy,n Cb oN 3 mmD D D e�Cn d cn ONyNID C, O O D N X D N r_F C C /D O o 3 �D N N �.N - m N NCD N (Oj N.N S d d d C1 7 •M (D V N CL 0CD CD - J(1 T f° Q Cl N o 3 `G �.N O N N �• y.y y y O Q �- N 7 .O,•N °.N 6 O ryF5-C N'C D m3 'Ovo COCD ° O ° O 4 D . l.o Qd°.NoN(oOD 'NfJD N^ 0 . JM < O ad o T NN.OWX d Oy 0 O N O ` O O _ ! O 3O N N UI• 3 d 0 3 6 fD N ^ N = y N N N N m `CDs m a m J x Z m o ° 3 a0 CD 0 Zr o _N CD y y 1p c m m 3 o a m D 0 3 C cEr CDN (D N CD M ma ,p 3 d N d ^ J ° t0 V 3 7 v C �p O = 7 N O O C 41 O N o m = q - o. m m oo F d -O O J .y..N 0 a .�•. n N ° N 0 O O NN N y O 41 .O O 0 N � d? N J a O O j O ;3� + S. CD J N D) p^ 0 2 J d N CD 0- S y V N ? 3 N D. CD Od N n d O-n N CI CD < �p S d N N 3 CD N (� ^ d? (p 0 .J _.2'.0 CD 1 dy CD O N U J 3 d O N Z N m P o m N o ° N N d m O .m O O n d d o m 0 y m 35.7 = c �. cn c m 3 N n n {3 m O Z CD N Z..J a O n O ,< N < o E m °o y H d o f m o N y N 0 C d 6 O Dl O O. N N N d 4 C d - ° o CD m o � = n �m d N m o a u O N ° H m N N N - N ' CD m ^ N T { N r w° n < 0 c w o= O CD 0. 3 y i o C N O @ � y O y d y y N fin N O N y j O 23 S N CD d v 3 3 0 m m a 3 CD 3 3 N m a 3 w c P v u ! N 5 O n ? N m W cr m " n tr N NO N o 37 The existing Library location 6850 Morro Road Highlights: ❑ Known location ❑ Already 7,000 sq ft constructed Negatives: ❑ Library does not own enough land to expand to required size AND provide adequate parking ❑ Parcels owned are odd shapes limiting structure shape and size Timing: ❑ Depends upon when additional land could be purchased 38 The Atascadero School Site with Performing Arts Center at Lewis Ave Highlights: ❑ Good location with nearby Performing Arts Center ❑ Possible funding source from the State for some of the costs Negatives: ❑ Plans must be submitted by May 2006 ❑ May not win the competitive funding from the State Timing: ❑ 4-5 years I 39 Meridian Insurance Property Highlights: ❑ Located near the Post Office ❑ Bus Stop within a few blocks ❑ Visible from Frontage Road Negatives: ❑ Not located in central downtown ❑ 2 stories required to get appropriate sq ft ❑ Parking 50 spaces in development shared with retail Timing: ❑ 2 years after approval of development 40 City Administration Office (former Bowling Alley) Highlights: ❑ 31,000 sq ft ❑ Structure already exists requiring some remodeling to make library space Negatives: ❑ Site not visible from street ❑ Timing Timing: ❑ 5 to 10 years depending upon completion of Veterans Building repairs 41 Colony Square Development Highlights: ❑ Part of the downtown"park and walk" center ❑ Plenty of shared parking Negatives: ❑ Multi-story to get full sq ft required Timing: ❑ 18 months to 2 years 42 City Hall Veterans Building Highlights: ❑ Good, visible downtown location Negatives: ❑ Not viable location because FEMA funding for repairs depend upon City Hall Offices returning to this location. 43 Ataseadero Printery Highlights: ❑ Existing structure ❑ 19,354 sq ft Negatives: ❑ Historic building with lots of small rooms, multi floors ❑ Expense to retrofit the structure and bring to usable condition for library Timing: 44 ITEM NUMBER: B-2 DATE: 11/08/05 1918 ^ 1 ]9 9 it h. Atascadero City Council Staff Report City Attorney's Office Wells Fargo Bank's Offer of Dedication of Public Rights-of-Way (Colony Roads) RECOMMENDATION: Council approve a Draft Resolution accepting Wells Fargo Bank's Offer of Dedication of any interest they have in the Colony Roads located inside the boundaries of the City of Atascadero. DISCUSSION: The City Council discussed the issue of the Colony Roads and Wells Fargo Bank's offer of dedication at its Strategic Planning Workshop on September 10, 2005. At that time, City Attorney prepared a memorandum and a summary of the issues regarding the acceptance of the roads, including the history of the Colony .Roads, public vs. private roads, the City's responsibility for maintenance if the Council accepts the roads and liability for accidents on the roads. Attached is a copy of the memorandum for your convenience. Offer of Dedication On April 22, 1993, Wells Fargo Bank made an offer of dedication of a public right-of- way for road purposes and incidental uses upon the following described property: Any and all real property in which Offeror may have any interest by virtue of its succession to the rights acquired by Anglo-California Trust Company under the Blanket Deed and consisting of any portion of any street, road, alley, park or other place that was excepted or reserved in any Road Reservation in any Prior Deed. 810330.1 45 ITEM NUMBER: B -2 DATE: 11/08105 The City Council never accepted or rejected the offer of dedication. The County of San Luis Obispo did accept the offer of dedication for all roads located outside the city limits. If the City Council accepts the offer of dedication it is pursuant to Government Code section 7050.1 This section permits real property to be dedicated to a city or county for any public purpose by the recording of an offer of dedication. The offer may be for use of the property for streets, highways, paths, alleys,access or abutter's rights, drainage, open space, parks, or any other public use. Once the offer is recorded, it is irrevocable and can be accepted by the city council at any time. There is no provision for termination or revocation of the offer except by proceeding in the same manner as for summary vacation of streets.2 There is also no requirement for a public hearing or that the matter be published or noticed prior to the hearing. 3 To accept the offer of dedication the Council must do it by formal, action, either by resolution or ordinance. A Resolution has been prepared to accept the offer of dedication of all roads located in the City limits. The Resolution specifically states that the City does not accept the roads into the 'City's road system by virtue of this Resolution. Therefore, the City will not responsible for maintaining any of the roads. As discussed previously, the City may decide on a case by case basis whether the City desires to maintain the roads. Wells Fargo Bank's Interest in Colony Roads Since the Strategic Planning Workshop ("Worksho "}, the City Attorney has had several telephonic conversations with Dennis Law, attorney for Wells Fargo Bank and David Van Horne, attorney for the Willett Trust. At the Workshop the City Attorney stated that Wells Fargo Bank had ownership of the Colony Roads, based on the loan that they are successors in interest to from Anglo California Trust Company. The Colony Roads, as well as other assets were used to secure payment of certain notes held by Frank A. Ruthers, with Ango California Trust Company serving as trustee. Oscar L. Willett then executed a grant deed to Anglo-California Trust Company. At the Workshop, the City Attorney stated that this grant deed gave the fee title to the roads to Wells Fargo Bank, and therefore, they could dedicate the roads to the City. Mr. Law is now of the opinion that Wells Fargo Bank has only a security interest in the roads based on this deed, and that the deed did; not transfer title to Wells Fargo (actually Anglo-California Trust Company). Therefore, what has become known as the Willett Trust has ownership of the roads. The City Attorney has also discussed this matter with David Van Horne, attorney for the Willett Trust, and he is in agreement that the interest transferred may have only been a security interest. In reading the grant deed The City Attorney is not certain that he agrees as the deed makes no mention of the loan, and the interest conveyed is 1 Normally,the city accepts or rejects an offer of dedication pursuant to the Subdivision Map Act. 2 This process is initiated by the City, as in an abandonment proceeding when the City determines the public doesnot need a public right-of-way. Of course,the Brown Act requires that the agenda be posted at least 72 hours prior the meeting. The City may always provide more notice than required by statute. 810330.1 46 ITEM NUMBER: B -2 DATE: 11/08/05 unequivocal. However, at this time, the City Attorney recommends that the City accept the Offer of Dedication made by Wells Fargo Bank in 1993 to the City, and once a court appoints a trustee for the Willett Trust, the Council may accept any offer of dedication made by the Trust. Therefore, there would be no question that the City has ownership of the Colony Roads. Grant Deed The Grant Deed at issue was made in 1931 between Oscar L. Willett, as Trustee for the Atascadero Development Syndicate and General Trust and Anglo-California Trust Company. The deed provides in part as follows: "That the party of the first part (Willett), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to his in hand paid by the second party (Anglo-California Trust Company), the receipt whereof is hereby acknowledged, has granted, bargained and sold, and by these presents does grant, bargain and sell, convey and confirm unto the second party, its successors and assigns: All real estate situated in the County of San Luis Obispo, State of California now in the name of said Oscar Willett, as such trustee, for the Atascadero Development Syndicate and General Trust, and remaining in his name, as such Trustee at the time of recordation of this Conveyance; together with all property subsequently acquired by said Oscar L. Willett, as such trustee, remaining in his name as such trustee at the time of recordation of this conveyance. Also all shares of capital stock issued by Atascadero Mutual Water Company, a California Corporation, located at Atascadero, State of California, appurtenant to said lands." The grant deed unequivocally transfers all interest that the Atascadero Development Syndicate and General Trust (Willett) had to Anglo-California Trust Company. The City Attorney will discuss this prior to the Council meeting, but in any event, the conclusion does not change the recommendation to accept the offer of dedication. If the grant deed did not convey all interest to the Anglo-California Trust Company, then when the Willett Trust make an offer of dedication the Council can accept that offer. If the grant deed did convey all interest to the Anglo-California Trust Company the Council acceptance of the Willett offer of dedication would be unnecessary, but not affect the validity of the City's acceptance of the roads. 810330.1 47 ITEM NUMBER: B-2 DATE: 11/08/05 ALTERNATIVES: 1. The Council could decide that to accept the offer of dedication from Wells Fargo Bank. 2. The Council could decide to wait for the offer of dedication from the Willett Trust and accept both offers of dedication at the same time. ATTACHMENTS: Attachment A - Resolution Accepting A Portion of An Offer of Dedication Attachment B. - Memorandum dated September 8, 2005 from this office on the issue of the Colony Road Attachment C — Offer of Dedication by Wells Fargo Bank 810330.1 48 DRAFT RESOLUTION RESOLUTION ACCEPTING A PORTION OF AN OFFER OF DEDICATE The following resolution is hereby offered and reads: WHEREAS, Wells Fargo Bank, National Association, Trustee ("Offeror"), is the successor to certain rights in and to the streets and roads and other places in the City of Atascadero and, also, in that part of the unincorporated area of the County of San Luis Obispo ("County"), which is adjacent to the City of Atascadero; and WHEREAS, Offeror has offered to dedicate a public right-of-way for road purposes and incidental uses in, under, on and over all of the said streets and roads, and a copy of said "Offer to Dedicate" is attached hereto as Exhibit"A," and WHEREAS, the City is willing to accept the said offer but only as to those streets and roads which lie inside of the boundaries of the City of Atascadero. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Atascadero, State of California, as follows: Section 1. The City does hereby accept only that portion of the offered public right- of-way, for road purposes and incidental uses, in, under, on and over that portion of the property described in the said Offer to Dedicate as lies inside the boundaries of the City of Atascadero. Section 2. The City does not by this Resolution accept any of the offered public right-of-way into the City road or street system and no part of the right-of- way accepted by this Resolution shall become a city road or street by virtue of this Resolution. Section 3. That the City Clerk be, and hereby is, authorized and directed to record a certified copy of this Resolution in the Office of the County Recorder of the County of San Luis Obispo. Section 4. This Resolution shall become effective immediately upon its adoption. Section 5. The City Clerk shall certify the adoption of this Resolution. 49 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: Wendy Scalise, Mayor Attest: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney 50 KRONICK MOSKOVITZ IEDEMANN &GIRARD A PROFESSIONAL CORPORAMON MEMORANDUM TO: Honorable Members of the City Council FILE NO.: 11335.001 City of Atascadero CC: Wade McKinney, City Manager FROM: Patrick L. Enright, City Attorney Kronick, Moskovitz &Tiedemann &Girard DATE: September 8, 2005 RE: Colony Roads In 1914, the community of Atascadero was subdivided and developed by Mr. E.G. Lewis. The development was done under the name of Atascadero Colony,which involved two corporations owned by Lewis, Colony Holding Company and Atascadero Estates (hereinafter"the Lewis Corporations")The road issue has its roots in the original development of the area. Rather than dedicate roads for public use, Lewis retained ownership of the roads, giving the land purchaser legal rights to use the rights of way. The deed recorded by Colony Holding Corporation to the original purchasers of the Colony Lots provides as follows: The fee of each and all streets, roads, alleys, parks and other places is reserved to the first party', but the second party2 shall have and is hereby granted a license to use the said reserved places as private streets or places belonging to the first party, and in common with other lot and parcel owners of said"Atascadero,"under rules and regulations to be adopted by the first party. The sale or conveyance of said land by the above description, or the fact that a map has been recorded shall not be deemed or construed as a dedication of any street, alley, road, park, or other place above mentioned, and the first party reserves the sole and exclusive right to make public dedication thereof. Upon public dedication being made by the first party, such dedication shall operate as a conveyance to the second party of the fee at the center of the street or road upon which the above described land abuts and 1 The first party was the Colony Holding Corporation,which was created by E.G.Lewis for the Atascadero Colony. Z The second party would be the actual purchaser of the lot. The initial intention of E.G.Lewis was to grant a license to every purchaser of the Atascadero lots to use the roads, which remained the ownership of Colony Holding Company. Colony Holding Company as the owner of the roads,could give"licenses" to additional parties,but the intent was to limit the use of the roads primarily to the residents of Atascadero. Therefore, they are referred to as "private streets." 805809.1 51 Memo Page 2 shall constitute a part of the land hereby granted, subject, however, to said easements. Colony Holding Corporation went bankrupt in the 1920's and the deed to the streets, roads, alleys,parks and other places reserved to Colony Holding under the above provisions, was transferred to several owners. Eventually,Wells Fargo Bank become the owner of the properties, and in 1993 made an offer of dedication of a public right-of-way for road purposes and incidental uses upon all the following property: Any and all real property in which offeror may have any interest by virtue of this succession to the rights acquired by Anglo-California Trust Company under the Blanket Deed and consisting of any portion of any street, road, alley, park or other place that was excepted or reserved in any Road Reservation in any Prior Deed. The City of Atascadero prior to this offer of dedication had been negotiating with Wells Fargo Bank, but the negotiations failed to address the City's concerns. In particular, the City was demanding that with the transfer of the roads, that Wells Fargo would pay the city a sum of money.4 The negotiations in the early 90's failed,and Wells Fargo unilaterally made an offer of dedication. They made the same offer to San Luis Obispo County for those roads located outside the city limits. The County adopted a Resolution accepting the offer of dedication on May 17, 1993. The County specifically provided in the resolution that the public rights of way shall not become a County Road by virtue of this Resolution. The City never took any action, either accepting or rejecting the offer of dedication by Wells Fargo Bank. On June 21, 2005, Wells Fargo Bank filed a petition in San Luis Obispo County Superior Court to terminate the trust. The next hearing on the matter is scheduled for November 1, 2005. Numerous property owners who lived adjacent to these roads take the position that the roads are private based upon the language of the deed from Colony Holding. As a private road, if someone wanted to use the road they would need to receive the permission/consents of the property owner as the public in general may not use a private road. A separate issue is maintenance of the road and liabilities for injuries/accidents on the road. The City may accept the dedication without accepting maintenance of road or any liability, which is how this firm recommends that the City accept the dedication. In the future, the City Council 3 Wells Fargo Bank acquired the rights to the Colony Roads from the Anglo-California Trust Company. 4 At the request of a few property owners,Wells Fargo Bank did quitclaim portions of the roads to individual property owners. I have not seen any of these quitclaim deeds,but discussed this with Dennis Law, attorney for Wells Fargo and he is going to provide copies to me of the deeds. He does not believe that there is a significant number of these(probably less than 10). Wells Fargo Bank took the position that their interest in the roads constituted a mere technical cloud on title, with any ownership interest in them having been lost by either failure to pay property taxes or by implied dedication. 5 Perhaps a better term would be to acquire a license,but even in the original deed the license was to be granted by the owner of the road, Colony Holding Corporation, not the individual property owner. 805809.1 52 Memo Page 3 can determine whether to accept the roads (or some of them) into the city's road system, at which point the City would be responsible for maintenance of the roads and potentially liable for any injury/accidents on the roads. ANALYSIS: Public Roads All roads that the public has a right to travel on, whether express or prescriptive, are "public roads." However, not all "public"roads are county or city roads until they are accepted as such by resolution. Although a road is a "public street" and subject to "public control"; it is not necessarily maintained by the local governing entity. (61 Cal.Atty.Gen.Ops.466, 468 (1978).) The general rule is that a city may not use city road funds for maintaining "public" roads other than "city"roads. Accordingly, a city has no statutory duty to maintain public roads that have not been accepted into the city highway system by resolution of the board of supervisors. There are several ways that a road may become "public" including a dedication, a grant deed, a prescriptive right or a common law dedication. Wells Fargo Bank in 1993 made an offer of dedication of all of the public rights-of-way for road purposes and incidental uses concerning all of the "roads" owned by the Bank. This is consistent with the terms of the original grant deed executed by the original property owners, which provided in part: Upon public dedication being made by the first party, such dedication shall operate as a conveyance to the second party of the fee to the center of the street or road upon which the above described land abuts and shall constitute a part of the land hereby granted,subject, however to said easements. Upon the public dedication of the roads owned by Wells Fargo Bank(originally Colony Holding Company), the property lines are extended to the centerline, and the public has an easement for road purposes. Even in 1914, there was the provision that E.G. Lewis may transfer the roads to another entity for public purposes. With this offer of dedication by Wells Fargo Bank, the remainder of this memorandum will address how roads become"public" through dedication. Dedication of Roads A dedication is the application of private real property to a public use by the acts of its owner which clearly manifest the intent that it be used for a public purpose. The property interest dedicated may be either an easement or the fee title interest. The two methods of dedication are statutory dedication and common law dedication. A statutory dedication is accomplished through compliance with the specific requirements of a statute, such as by the recordation of a map in substantial compliance with the Subdivision Map Act. A common law dedication involves less formal requirements. 805809.1 53 Memo Page 4 In new subdivisions the offer of dedication is completed through the Subdivision Map Act. However, the Legislature has adopted several specialized statutes for the commitment of private land to public or quasi-public uses. Specifically, Government Code section 7050 provides in pertinent part: With the consent of the city, county, or city and county, as the case may be, an irrevocable offer of dedication of real property for any public purpose, including, but not limited to, streets, highways, paths, alleys, including access rights and abutter's rights, drainage, open space, public utility or other public easements, parks, or other public places, may be made pursuant to this section. Such offer of dedication shall be executed, acknowledged, and recorded in the same manner as a conveyance of real property. Such offer of dedication when recorded in the office of the county recorder, shall be irrevocable and may be accepted at the time the city council of the city within which such real property is located at the time of acceptance, or . . . . . Wells Fargo Bank made an offer of dedication, but the City has never accepted or rejected the dedication. Once the offer is recorded, it is irrevocable and can be accepted by the city council at any time. There is no provision for termination or revocation of the offer except by proceedings in the same manner as for summary vacation of streets. The owner may specify the purpose of the dedication in the recorded offer, and presumably the City would be restricted to this purpose. An unaccepted offer under the statute would not lapse under the operation of the marketable title statutes, because it is not offered by recordation of a subdivision map. A statutory offer of dedication may be accepted either formally(by a formal resolution of the Council accepting the dedication) or informally (public use of the property or by some other official government action). For an informal acceptance by some official government action, the City must take some action, or assert some dominion or control over the property that recognizes that it has been devoted to public uses. Normally this is accomplished by expending public funds for the improvement or maintenance of the road. The courts have made a distinction between "implied in fact dedication" which requires evidence of affirmative acts or acquiescence of the property owner, and"implied in-law dedication," which is established by continuous adverse public use of the property for the prescriptive period without substantial interference by the owner. A dedication offer may be accepted by the public use of the property without any formal action by the City. When the offer to dedicate property is implied from the use of the property by the public, the use must be adverse, open, notorious, continuous, and with knowledge of the owner. When the use is sufficient to determine to show the owner's intent to offer the property for dedication, the same use also show the public's acceptance of the offer. When an offer to dedicate is found by a conveyance of the owner, by his or her recordation of a map, or by reference to a recorded or unrecorded map in a deed, there is an "implied-in-fact" dedication. When there is a dedication for public use without any affirmative acts by the owner, there is an"implied-in-law dedication. The courts look at the various surrounding circumstances to find evidence of the owner's intent to dedicate property and element similar to those required 805809.1 54 Memo Page 5 foraprescriptive easement must be roved in order to establish that there has been such a P dedication. In this case, Wells Fargo Bank has made a statutory offer of dedication. The City has never formally accepted the offer of dedication, and the question as to whether there was an acceptance of the roads by the public would be a factual issue based on the unique circumstances of each road. I recommend that the City formally accept the offer of dedication, subject to the roads not being part of the City's road system. In this way, there will be no issue concerning the status of the roads as "public" or "private." If the Council does not desire to accept the offer of dedication, then the issue of the roads needs to be resolved road by road, depending on the use of the road, any signs posted that they are private roads, etc. The language in the original deed restriction in the early 20th century clearly contemplated that the roads would become public upon dedication. Maintenance of Roads If the City accepts the dedication offer, the City does not necessarily assume the obligation of maintenance. The City is not required to maintain any road or street until they have also been formally included into the public road system. (Streets and Highway Code §§ 948, 1806; Government Code § 66477.1.) Once the roads and streets have been accepted for dedication and formally accepted as a part of the road system, the City assumes the affirmative duty of maintenance. All of the property owners abutting the street have a right of ingress and egress across the dedicated streets, and they have a right to expect that their access will be cared for. If the City fails to maintain and repair the streets after due notice, and the abutting property owner loses access to property as a result, the private property owner is entitled to recover the damages that result from this loss of access. (Clay v. City of Los Angeles 21 Cal.App.3d 577, 581-582 (1971).) Once a street or road is accepted into the public street system, if the City fails to properly maintain the dedicated property, the City will be liable for any injuries incurred as a proximate result of a condition. The City may be initially be immune from liability for the design and construction of the road, but will acquire liability if a dangerous condition is brought to its attention and it fails to remedy the condition. (Government Code §§ 830.6, 831.) Liability for Injury on Unaccepted Road Streets and Highway Code § 1806 provides that the City is not liable for failing to maintain any road until it has been accepted into the street system. No public or private street or road shall become a City street or road until the City Council, by resolution, has caused the street or road to be accepted into the City street system. Although the City has no liability for injury resulting from the condition of roads not yet accepted into the public road system, the entity may be liable for injuries in some cases where it has maintained the road. The City is only immune from liability for roads it has actually maintained if the maintenance was not performed negligently and the condition of the road is no more dangerous or unsafe than it was before the work commenced. (Government Code § 831.3; Matthews v. County of San Bernardino (1991) 233 Cal.App.3d 1623, 1631-1634.) Government Code § 831.3 specifically provides: 805809.1 55 Memo Page 6 Neither a public entity nor a public employee is liable for any injury occurring on account of the grading or the performance of maintenance or repair on or reconstruction or replacement of any road which has not been officially accepted as a part of the road system under the jurisdiction of the public entity if the grading, maintenance, repair, or reconstruction or replacement is performed with reasonable care and leaves the road in no more dangerous or unsafe condition than it was before the work commenced. No act of grading, maintenance, repair, or reconstruction or replacement within the meaning of this section shall be deemed to give rise to any duty of the public entity to continue any grading, maintenance, repair, or reconstruction or replacement on any road not a part of the road system under the public entity's jurisdiction. As used in this section "reconstruction or replacement" means reconstruction or replacement performed pursuant to Article 3 (commencing with Section 1160) of Chapter 4 of Division 2 of the Streets and Highway Code. Simply stated, Section 1806 states that a city is not liable for failure to maintain unaccepted roads, while Government Code section 831.3,states if public entities perform an act of maintaining, grading or repairing unaccepted roads, they may be liable if the work is not done with reasonable care and if the work leaves the road in a more dangerous or unsafe condition than it was in before the work began. Government Code section 831.3 is basically a negligence standard; i.e. the petitioner would have to establish that the City performed the work negligently. However, this is a factual issue to be resolved by a jury, and could subject the City to a lawsuit to address whether the work was or was not performed negligently. Therefore, if the City desires not to accept the street or road into the City's road system, the City must ensure that it performs no work on the street or road in order to avoid any possibility of being sued. This would include any maintenance, repairs, grading or reconstruction. Once the City performs any work on the street or road,it may be subject to a lawsuit alleging that the work was done negligently. 805809.1 56 Nov-01-2005 05:07pm From- T-195 P.002/004 F-224 P j Reccsdinq Rsqut-tmd a}r: •, 5 . . . Wella Fargo bink, wruatec 1 x.11 Sutter Street San Pranci9cp, CA 94163 Arid.Nhen-Reoordad i'rkU To: , Jalynnc dies Antiza; Morcls t buttery 1304. Ego-milfic Street Irv. J+Qx 730 $an Luis Obispo, CA 93406-07a0 Sp&et Above,Tin Line For Adcocdar's Ur.* OFFER TO nspZCATZ TIATS Orrm To DEDYCAT- is masa tbLe.,y2&nty aa='ne raa! dAy ct 149], by HELLS PARoo SAVE, ivZ=ONr". ASSG'CZATSQN, TruaCoe (haxainmltor referred to as "ogfezar"), whose ac3nress id'lzl Gutta= Stra4t, San Fran G.is=q, CaXitarnia 94143. WHF-RZAS,' offeror it the aueccssor to the ri9htr acquired by Knglo-California Tzvst cQppany under Cha daad dAtaa :'apua'ry 13, 19do by oxmhr (.. -taillett, a* Truj;toc, to Ang]:o-C31jfnrnStt Trow Uempm yy, which Geed-was recorded,ori March 2x, 1.9a1, in volume 101 of orficia:. 8eoordz at page. 9S in the oerice vd t}xs cc,4 nty.Recorder 'n� set, Y.UIS Cb}cPv (cuCh decd hMLr9 hereinafte-r zeEerrltd tZ) arm 'thO nula6kct Dead") , WH£APAS, the pt•oprrtias trannferred tC.inglowCpiiForxia Trust Company pursuant to the alankat Dmad i.ncYudcd. the gee or carzain actual or proposed ILtreots And Z'cads, inasmuch ac the Came had been axcapted or reserved in aapdc (hafrinatter rcfarred to as 'Ifr3,or uesds") 'recorded prier to the date o= rerwrdation of the B].shket Daed, exetu'ted ay ascar L. i{Silatt aridfar hie prsaecessori7i In int*rest (r4farred to as thr, "First party"-in the Ppior Qeads) in Cavo= or varitius grahtp6s («eferred to as the Ra;cond pdr�y'k in the Prior Qeeds), pursuant.t'o proviciona (hereinafter reiez-red to as •Road iicaarvakions°} , which road aubcttntially AS fOilour: ItTne One Cf e0.ch and all ctrsats, 'ro-IdR, alleys, Paries and -cchcx places is zertr-4 to she f1--SL ptrty, but ehc secopd perry shall hova and la hsreDy grentsd a licens• to use the said roger-VOd Alncec as private streets or places bcicngincg to the rirsC parry, Slid it came With other. lot and pnrcal .owner= GC $aid "A-�Ascaderor', sander rules and raqul4tiens VOL 41Uftai 211 12 57 Nov-01-2005 05,07pm From- T-195 P.003/004 F-224 to be adopcpd.py rhe ti,rst peyty. Thg Sala O. convayanca of said land by the above dcsorlpticn, or the' timet that a mbp has �been recorded, anali not brs deemed jar ,conntruad as b daclicatian or any cmmreeit, aliey, road, park ' or prher place above m¢nticned,,and tha first -party ryervas the sold and excl,urivi�-, right to make'public dedication tbe;qaof, -v RP UU121AR y�giyO�tien bcirb ma8� by nA rirr,t-aa.�-ty. ,ucn , ds ie c+4J+,. 6ha oto®rate a Le Convey�rtgR trz jb4L•3foc,Q,nd tenSs r b {'h a a rt• i-ni„�t5 uo �'�,�` 1'� 1'h�abol+d • "� ,..vt'���d 3.a�5d 3�3T�n� anC 'tt�°�� ,Sw^^� -4 tate r ' ger 4 eL��la�5d h®rpbv 'trranCp� ,¢,yb a . h�wynv� - ri❑ ��Sid jag, Jgg�&-t� (SmPllai�.I". supplied-) . : wmzR$As, it is tho intent o. Offeror that japan recardatLan of ,this ofiar to Madico•to, any tee xnearest. io arrp actuai or p;oposecs ptreet or read now held by Offeror as a succescor in interest to the "first party^ so named in any prior Doed •shbll ba convsyed to the ^yetohd panty," =a 'named in much Pribr pecad, or such sacand 17arty+s SuccessoX in interest, as appropriate.. t'o'tmm uontcr of the straot or road upon whien said land zouts, in accordance with tr,Q terms and ccntlit,ians of nrly prior Deed, ac eat torch in any prior •1ti`g4d AOie�'vation- NOW, THeREFORE, oEt4For .does hareby oiler a dedica'cion Df 0 ,public righC-vt-vay tai road purposQa arid incidanLal uaeS ypvn the rol.lwing dczosibed 'property: ,Any and all real property In which OCCeror may h.%v* any �ntt:rcr-t by YlY'ttlt of i,t3 CucancOiOn Zo the rights acquired by • Rnglo-Calitdrnia Trust rnmpany undar the elftnkat Qaed anal donsisting oC %ny portion of any stroa:t, read, allay c park of other plaice that ups excaptea or rc;erved in any Read Resexvntion, in anY prior Dead. Sit WITNESS WNtMEOF, rSia Otfer to DdOioate is hcroby eWOc%)tRd by Offeror• on tha day rnG year ri,rat above vrltzen. HEAL-5 irARGo ehNK, NATIONAL AssoczxrlQN, TRUSTEE 7 ny. (NSVYcon C M '; iYicc Pro*itlCnt fir. A Janco 0. poyustohe, Vice rrasJdent von M?nr12 3 58 Nov-01-2005 05 07p From- T-195 P.004/004 F-224 . STATE Of CALIPORM.tk ��_. 11i••• . Ea. coUN7'Y QP Sart Francl.ecu J, on tha ---- a ddy of. Jspri J.t 1999, before me, the Notary' Pr]lolSa, pxrsonh].ly appeared "URIM; C. MCCXRTI,4 and �IA2'(E5 e, zayuSTONE, personally Kneen to he (or 'prove* to na on ths. bZ cn at satisTacCo>:y avidenca� ro bm the persom;.uhcse malbrs are SQbxcribeC to tha•.vitl}Sn �,nstxumimt ;nd.ackuowX&dgad to TPA-rhat they ex'-'euted . the saTrA wr, their 'Authorized' oa.pmoiT;ies, and that by their ai9nakures on the ir)ctrumenM thcr nersans, or Cha crrtlty upon behalf or which the pprsana instrumenz. stxTKESC my hnn�: and nfiicia3 =Cal • 'tr.,xa eS Na:ary Pualsc • 9fiFJCIAT6 Sr AZ, (acal) JPAMEIA ERCOERICK ' n _ HOiMY�IffUt•cwr 1.hpnu P(wwr.wpi—{MT!2,IPSP f� i - L'NbOFt1Qt ,iEtiy't` 4102%T204' 59 ITEM NUMBER: B-3 DATE: 11/08/05 n 1979Atascadero City Council StaffReport - Community Development Department Inclusionary Housing Policy RECOMMENDATION: Council review the attached report and accompanying documentation and direct staff in the policy direction for implementation of the City's Interim Inclusionary Housing Program. BACKGROUND: The City Council held a strategic planning meeting on September 9, 2005 to review the implementation of the existing inclusionary housing program's affordability requirements and terms. The Council directed staff to further investigate the option of providing an equity sharing program that would allow deed restricted, moderate income units to convert to market rate-units prior to the end of the 30 year affordability term. The Council also requested options that would encourage long term homeownership of affordable units and protections for buyers against drops in affordable sale prices. DISCUSSION: Staff has contracted with the firm of Goldfarb Lipmam LLP to assist in the process. Ms. Barbara Kautz and Ms. 'Polly Marshall are experts in the field of inclusionary housing and have worked with agency throughout California to tailor similar programs. In order to address the Council's goals for affordability, long term homeownership, protection of investment, and implementation and tracking of affordable units, Ms. Kautz and Ms. Marshall have developed an Issues and Options Report. The purpose of the Issues and Options Report is to provide the Council with a process to make a number of policy decisions that will be incorporated into the deed restriction documents that will regulate the purchase and resale of affordable units. The Issues and Options Report is attached to this staff report as Attachment 1. An informational overview of deed restricted affordable housing issues that Ms. Kautz has written is provided in Attachment 2 as additional information. 60 ITEM NUMBER: B-3 DATE: 11/08/05 FISCAL IMPACT: Fiscal impact will vary depending upon the options implemented and the methods of implementation. Management of the Inclusionary Housing Program will obligate the City to devote staff time and resources to future affordable housing projects. Staff time and resources to administer affordable housing programs over the coming decades has not been calculated but should not be assumed to be insignificant. ALTERNATIVES: 1. The Council may direct staff to proceed with implementation of selected options for the Inclusionary Housing Program. 2. The Council may direct staff not to proceed with the implementation of the inclusionary housing options. In this case, Council should provide staff with direction on how to proceed with the current Inclusionary Housing Policy. 3. The Council may choose to refer the item back to staff for additional analysis. Clear direction to staff should be provided on additional information or policies that are desired. CONCLUSION: Over the last few years, staff has been implementing the Interim Inclusionary Policy. Recently, it has become apparent that there are some issues that need to be addressed within the policy in order to ensure the 'Council's goals of affordability, low risk, and retention are met. The attached Issues and Options Report will provide information on methods available for implementation of the inclusionary Policy. ATTACHMENTS: Attachment 1: Issues and Options for Atascadero Affordable Housing Program, Goldfarb Lipman LLP Attachment 2: Homeownership: How to Keep Homes Affordable Over the Long Term, Barbara E. Kautz, Goldfarb Lipman 61 ITEM NUMBER: B -3 DATE: 11/08/05 Attachment 1 Issues and Options for Atascadero Affordable Housing Program Goldfarb Lipman,Attorneys Issues and Options for Atascadero Affordable Housing Program Issue: The City of Atascadero has had an inclusionary affordable housing requirement since 2003. On September 9, 2005, the City Council considered several options for retaining affordability and agreed to explore an equity-sharing program for moderate-priced homes. The purpose of this meeting is for the Council to review and consider policies for the documents needed to ensure that the City's policies are implemented and enforceable. Background: Since 2003, the City of Atascadero has required that all developments needing a legislative approval from the City include 20 percent affordable units. For single-family projects, all of the inclusionary homes must be affordable to moderate-income households (those earning 120 percent of median income or less), while in multi-family projects, the inclusionary homes must be affordable to a mix of moderate-income, low-income, and very low-income households. In recent months, as interest rates have increased, the City has found that some of the existing households owning inclusionary homes have been forced to sell at prices below the price at which they purchased the home. In addition, some developers have asked the City to modify the deed restriction applied to the developments so that it is more acceptable to lenders and homebuyers. Consequently, on September 9, 2005, the City Council met and agreed to study a program that, for moderate-income families, would replace the existing controls on resale price with equity sharing on a sliding scale, with incentives to encourage residents to stay longer in their homes. Controls on resale prices would remain for lower income and very low income households for a 30-year term. In addition, the City decided to develop a set of deed restrictions that would be more acceptable to the development and lending communities and that would encourage the continued affordability of the units. 62 ITEM NUMBER: B -3 DATE: 11/08/05 Equity-Sharing Options Most jurisdictions attempt to maintain affordability over time by placing resale controls on the inclusionary units. According to a 2003 statewide survey of inclusionary programs, the median term of restrictions for for-sale housing is 34 years. This strategy maintains a steady stock of affordable housing, and Atascadero intends to utilize resale restrictions for low-income and very low income homes. However, the formula currently used for resale restrictions on moderate-income homes has resulted in actual reductions of sales prices as interest rates have recently increased. In addition, critics of resale restrictions point out that they result in the homebuyer's falling farther behind the market, because permitted increases in the restricted price typically are lower than increases in housing prices. Cities that have administered inclusionary programs for many years have also found that overly strict resale restrictions may create a disincentive to maintain the home. On the other hand, when the homeowner is allowed to retain more appreciation, the City is required to provide additional subsidies to keep the same unit affordable. The City Council should consider if it would use its share of appreciation to subsidize future lower income housing, rather than purchasing another moderate-income home. Attached are tables that show four options for sharing equity with the homeowner, as well as a comparison with sale at a restricted price indexed for increases in median income. In all-four options, the homebuyer would initially purchase the unit at an affordable price and then could sell the home at fair market value. At resale, the homebuyer would repay the City the initial subsidy (the difference between the fair market value and the actual affordable price when the homeowner purchased the home). The City would also receive a portion of the appreciation in the home's fair market value. The options for sharing of appreciation are as follows: 1. Option One. The City's equity share would remain constant, equaling the percentage of the initial subsidy, over a 30-year period. For instance, with an initial fair market value of $430,000, and an affordable price of$281,000, the subsidy would equal 34.7% of the initial fair market value. Over the 30-year period, the City would receive 34.7%of any appreciation in the value of the home. This is a formula often used by subsidy programs, such as the federal HOME program. It treats the City as an investor in the home. In comparison with the other options explored here, it results in a somewhat above average amount to the homeowner in Years 1 — 10 but less in years 20—30. There is no particular incentive for the homeowner to remain for a longer period in the home. The additional City subsidy required to make an equivalent home affordable to a moderate-income household is relatively low. 2. Option Two. The initial share of appreciation to the City would equal the percentage of the initial subsidy. The City share would decline gradually (by 1%per year) over a 30- year period. This formula provides some incentive for the homeowner to stay in the home for a longer period of time to reduce the City's equity share. However, it results in very low returns to 63 ITEM NUMBER: B -3 DATE: 11/08/05 the City on the initial subsidy after 8 — 10 years and high additional costs to create another affordable unit. $2;500,000 :. - - Unrestricted'Fair MarketU.alue --*--Option 1 Fiat Share $2'000,000 "' _Option 2: Initial Share Eguats.Slb,,�idy i Option 3 <80%.initial Share — --Option 4 90%Initial Share --Option 5 Restricted.Resale ,$I 150D.000 _.�.: _. .._....� w._ __..a w $1;0.001000 r . r w ,r Year T' Year-15, Year 1t} Year 15 `Y5� ear 20 Year,25 --ear 30 Assumes 7°lo:property.opprecidtion nyears lY10;Z%in years i1-30. Assumes 5%growth in median incomeA years I- 3. Option Three. The City would receive an initial equity share of 80 percent, declining to 65 percent at 5 years, 50 percent at 10 years, 40 percent at 15 years, 30 percent at 20 years, and 20 percent at 25 years. This option creates a strong incentive for homeowners to remain in their home for at least 10 years but provides a reasonable return to homebuyers. Until year 25, the additional subsidy required for the City to obtain another affordable unit is relatively low. This option is consistent with Fannie Mae requirements but may not be consistent with California Housing Finance Agency (CaIHFA), FHA, or VA requirements. However, FHA/VA field offices may approve local programs not necessarily conforming to the guidelines. 4. Option Four. The City would receive an initial equity share of 90 percent, which would decline by 10 percent per year and disappear after 10 years. 64 ITEM NUMBER: B -3 DATE: 11/08/05 Although this formula creates strong incentives to remain in the home for 5 — 10 years, the City receives no return on the initial subsidy after 10 years, and high additional subsidies are required to create future affordable units. Like Option Three, this option is consistent with Fannie Mae requirements but may not be consistent with California Housing Finance Agency(CaIHFA), FHA, or VA requirements. 5. Option Five. For comparison, this option shows the effect of resale restrictions tied to increases in median income. This is not an equity-sharing model; the homeowner retains all appreciation because the price is set to be affordable to the next moderate-income buyer. In all cases, the homeowner would be guaranteed a return of the initial down payment, principal payments, closing costs, and real estate commission. In all four scenarios, this would exceed the homeowner's equity in the first year but not by the fifth year. The funds collected by the City would be placed into a housing trust fund. The City has indicated that it intends to use these funds to assist in creating housing for lower income and very low- income households; although the funds could also be used to help moderate-income buyers purchase a home. The key variables in the success of any equity-sharing program are the rate of increase in the cost of homes, and the rate of increase in median income limits. If homes increase at a faster rate than median incomes, then a shared appreciation program will benefit the homebuyer, although the City will generally not retain enough funds to subsidize another home. However, if there is a downturn in the real estate market, while median incomes continue to increase, then the homebuyer would have been better off with a restricted resale price. The tables in the attached charts assume that home values will increase by 7% annually for the first ten years, and 5% annually thereafter, equivalent to median income growth. While double- digit inflation in housing prices has been the rule in the past few years within the state, home sale prices increased annually by an average of 7% between 1989 and 2004. In the 10-year period from 1991 to 2001, home.prices in the San Luis Obispo-Atascadero-Paso Robles area increased at an average annual rate of only 3.6%. Given this extreme fluctuation in appreciation rates over a relatively short time, the appreciation rate assumed here attempts to capture long-term appreciation over the next 30 years. Revised Deed Restrictions and Other Documents to Be Recorded Against the Property For the City's requirements to be enforceable, the City needs to record certain documents against the development. Initially, an agreement with the developer is recorded against the property. Then, as homes are sold, the developer's agreement is designed to be replaced with documents signed by each homebuyer. 65 ITEM NUMBER: B 3 DATE: 11/08/05 I In recent years, cities in California have encountered substantial problems in enforcing inclusionary requirements. In a few cases developers have constructed the market-rate homes but not the inclusionary ones. Some homeowners have sold homes in violation of the resale restrictions. Others have assumed debt that is well in excess of their equity in the property, resulting in either bankruptcy or foreclosure. Cities have been forced to protect their investment by preventing a foreclosure sale or by enforcing their rights in bankruptcy court. Maintaining affordability requires three elements: • First, the City must ensure that the developer actually constructs the affordable homes. • Second, the deed restrictions and other documents guaranteeing affordability must be recorded in ways that are recognizable by lenders and title companies and ensure that the City will be notified in the event of a foreclosure or recognized as a secured creditor in bankruptcy. • Last, the City must have adequate staff, or make arrangements with an outside entity, to administer the program and be able to respond to problems as they arise. The recorded documents include numerous policies for the affordable units. For instance, should the homeowner be allowed to rent out the home? What kind of a credit should be given for capital improvements installed by the homeowner? What happens if the owner defaults on the first mortgage? The attached tables list issues and options for the City Council's review. Following the Council's decisions on policy, the appropriate deed restrictions and other documents can be drafted. Specific Documents Needed For the Council's information, this section describes the documents that will ultimately be prepared to implement the inclusionary program. Agreement with the Developer. Communities typically utilize a "master developer agreement" that summarizes the developer's and the City's obligations regarding the affordable homes. (Atascadero now uses such an agreement, but the form currently used requires substantial revision.) It is recorded against the property, ensuring that a future owner will have constructive notice if a portion of the property is sold off. The revised master developer agreement will first describe the affordable homes approved by the City (location; type of units; number of bedrooms and square footage; design and appearance; development schedule in relation to the market-rate homes). Then it will describe the affordability conditions (level of affordability and length of affordability; controls on rents, for rental projects; affordability provisions for ownership units; procedures for setting affordable rents and sales prices; procedures for selecting tenants or buyers). Last, in an ownership project, 66 ITEM NUMBER: B -3 DATE: 11/08/05 the agreement will have provisions for termination as each affordable home is sold, and for complete termination completely once the developer has fulfilled the obligations. Deed Restrictions Needed for Homeowners. The documents required for each home are actually somewhat more complex than those needed for the developer.. They include: I. A Shared Appreciation Agreement and Option to Purchase (for equity-sharing); or, a Resale Restriction and Option to Purchase (where the resale price is restricted).These agreements contain all the terms about rentals, treatment of capital improvements, etc., and allow the City to purchase the property in the event of default (such as if the homeowner defaults on another loan). The documents are recorded against the property. 2. Promissory Note and Deed of Trust. A promissory note is a promise to pay a debt. For equity-sharing, the note would include the terms of repayment of the initial subsidy plus any share of appreciation. For lower income homes with resale restrictions, the note would promise to repay the difference between the restricted price and the affordable price if the home were ever sold at fair market value. The notes are secured by recording a deed of trust against the property—similar to the deed of trust recorded to secure any mortgage. When inclusionary housing was first adopted in many jurisdictions,recording a resale restriction was thought to be sufficient to protect the City. However, cities discovered that they were not notified in the event of a default or sale, and several lost affordable homes. If the City has a deed of trust recorded, it will be notified in the event of sale or default on another mortgage. 3. Request for Notice of Default. This notice provides additional assurance that the City will be notified in the event of a default. 4. Disclosure to Homebuyers. Because these documents are so complicated, the City needs to have a disclosure written in much simpler language. Where homeowners have been caught selling in violation of a City's restrictions on their property, they have often argued that they never understood the provisions that they had agreed to. This disclosure is designed to ensure that homebuyers truly understand the City's restrictions and requirements. Rental Re ug latory_Agreement Needed for Rental Projects A rental regulatory agreement is necessary for inclusionary rental projects, is binding on the initial and future owners of the development, and is recorded against the property. It contains provisions for the location and size of the affordable units, affordability provisions (term of affordability, affordability level, procedures for determining affordable rent, provisions for verification of incomes and rents, provisions for over-income tenants), and property requirements, such as for maintenance and hazard insurance. Depending on the circumstances and other subsidies involved, it may also be accompanied by a promissory note, deed of trust, and request for notice of default. 67 ITEM NUMBER: B -3 DATE: 11/08/05 Enclosures 1. Options and Issues Table 2. Comparison of Equity-Sharing Formulas 3. 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Median income by household size is determined for each county in tables published annually by the State. In adopting an inclusionary ordinance, the City is not required to use these definitions, although it is helpful to do so to create some consistency with other programs. Rents Monthly rents, including a reasonable allowance for utilities, cannot exceed: • For very low income households: 30% of 50% of median monthly income. • For lower income households: 30% of 60% of median monthly income. • For moderate income households: 35% of 110% of median monthly income. Costs of Ownership Monthly affordable housing costs, including principal, interest,property taxes, hazard insurance, private mortgage insurance, maintenance, utilities, and homeowners fees, cannot exceed: • For very low income households: 30% of 50% of median monthly income. • For lower income households: 30% of 70% of median monthly income. • For moderate income households: 35% of 110% of median monthly income San Luis Obispo County.The County's affordability standards are included in Section 22.12.070 of the County Code. Rents The County's method for determining rents for very low-income and lower income households is the same as the state's.HUD fair market rents are used to determine moderate-income rents, rather than basing rent levels on household income. Costs of Ownership The affordable sales price is determined by a table geared to income level and mortgage rates. The ordinance does not include factors such as property taxes, insurance, utilities, and the like. We have not been able to find if these costs have been factored into the table. 95 ITEM NUMBER: B-3 DATE: 11/08/05 Attachment 2 Homeownership: How to Keep Homes Affordable Barbara E. Kautz Over the Long Term Goldfarb Lipman,Attorneys Homeownership: How to Keep Homes Affordable Over the Long Term Barbara E. Kautz Goldfarb & Lipman LLP 1300 Clay Street, 9th Floor Oakland, CA 94612 510-836-6336 bkautz @ goldfarblipman.com These materials have been prepared by Goldfarb and Lipman for informational purposes only and are not legal advice. 96 Introduction: The Enforcement Problem The initial creation of affordable housing for homeowners requires a major effort by local government, developers, nonprofits, and citizens to create ordinances, obtain governmental approvals, provide subsidies, design programs, and to draft and execute appropriate deed restrictions. Communities are often shocked to find that they are threatened with losing—or have lost—the affordable units, due to problems ranging from foreclosures,to sales by homeowners in violation of deed restrictions, to delay in enforcing the restrictions. If documents are not properly drafted and recorded, and if the local agency does not have the staff and time to monitor and enforce those restrictions, the very first homeowner can walk away with a windfall profit, and the affordable housing that the community worked so hard to create will be gone forever. Once the first homeowner walks away with a huge profit, other homeowners will try to follow. The problem arises because of the potential for a windfall profit to a homeowner who sells at fair market value in violation of the deed restrictions. Affordable units are often worth hundreds of thousands of dollars more on the open market than if sold at a restricted resale price. A homeowner who was thrilled to buy a home at a price substantially below the market is often angry when she proposes to sell the house and finds that the resale restrictions or equity sharing provisions substantially limit her profit. Homeowners often desire to take out second mortgages to pay their bills or send their children to college and are distressed to find that they have little equity in their home. Homeowners are sometimes able to convince a City Council that the resale restrictions are unfair, despite the significant subsidies that enabled the homeowners to purchase the units in the first place. .97 Guaranteeing affordability requires that the deed restrictions and other documents guaranteeing affordability must be recorded in ways that are recognizable by lenders and title companies. Decision-makers and homeowners must clearly understand the restrictions so that they are not surprised at the time of sale. Finally, the agency must have adequate staff, or make other provisions to monitor the units and to identify problems at an early date. This paper discusses specific techniques related to each element. Recording the Proper Homebuyer Documents to Ensure Long-Term Affordability Case 1: The Invisible Deed Restriction A town had had an eighteen-year inclusionary program that had never experienced any problems. The resale controls were all attached to the grant deed and weren't recorded separately. The controls required the homeowner to record, on behalf of the town, a request for notice of default; the homeowners never did so. When the homeowners over-encumbered the property and declared bankruptcy, the bank foreclosed and purchased the property at a trustee sale—having no knowledge of the resale controls, which weren't recorded separately and so never showed up the title report. The town learned what had happened only when the neighbors saw the bank's 'for sale"sign. Eventually the town was able to regain title to the property and sell it to an eligible buyer, However, the property was vacant for a year, back taxes and homeowners'dues accumulated, and the town incurred substantial attorneys fees and costs to regain the property. Case 2: "Catch Me If You Can A city had operated its inclusionary program for several years and recorded a separate document labeled "Resale Restriction." The homeowners saw their neighbors in market- rate homes selling comparable homes at large profits and decided to sell without notifying the city. They retained a realtor(who also ignored the restrictions), listed the home on the Multiple Listing Service,pocketed$100,000, and moved to Nebraska. The buyers and their realtor also failed to appreciate the meaning of the "Resale Restriction" listed on the title report. The city learned of the sale only when other first time buyers complained that they wanted to sell at market rate, too! The town sued the sellers, buyers, and realtors for fraud and conspiracy. Eventually the matter was resolved through mediation. The buyers were found to be income-eligible to participate in the homeownership program. The realtors and sellers paid the buyers the 98 difference between the market price and the affordable price. But the city incurred substantial attorney's fees and costs and significant negative publicity before it regained the property. Understanding the Typical Structure of Homeowner Financing, Recording, and Title Reports Avoiding the problems described requires understanding the typical structure of homeowner financing, recording of property interests, and the contents of a title report. Title companies, lenders, and realtors are accustomed to dealing only with readily recognizable documents and often do not read the documents listed in a title report. Consequently they may ignore resale restrictions or other documents that are not recorded in recognizable ways. Typical Homeowner Financing. Almost every person who buys a home borrows at least some of the money from a bank or other lending institution. The lender requires the buyer to sign two documents which together provide security for the loan: a promissory note and a deed of trust. A promissory note is simply a written promise to repay a debt. It can be as simple as "IOU $100,payable on Tuesday." In the case of a home loan, the promissory note will include all of the lender's terms and conditions in addition to the promise to repay the loan. Promissory notes typically include the rate of interest, monthly payments, term of the loan,penalties for late payments, and numerous other provisions. 99 The lender obtains security for the loan by requiring the borrower to sign a deed of trust. The deed of trust allows the home to be foreclosed on if the homeowner is in default on the loan.' While the note is not recorded against the property, commercial lenders always record their deeds of trust. When a property is sold or is threatened with foreclosure, all holders of recorded deeds of trust will be notified. (A "deed of trust," which provides security for a loan, should be distinguished from a "grant deed," which transfers the ownership in a property.) Recordin,g and Title Reports. Documents are "recorded" (listed by date and time in special County records)by the County Recorder for each County so that prospective buyers and lenders will have knowledge of any party that may have an interest in the property. The recording system protects interests in real property and protects buyers from purchasing properties with undisclosed problems. Recorded documents may included deeds of trust, memoranda of leases, a notice that a lawsuit is pending, mechanics' liens, IRS liens, a notice that property is located within a redevelopment area, easements, and many other property interests. Any documents recorded against a property are shown on a "title report" prepared by a title company. The documents are listed in the order in which they were recorded. Any buyer or lender is considered to have "constructive notice" of the contents of all documents listed in the title report—in other words, courts will presume that the buyer has read every document listed in the title report, whether or not the buyer has actually read the document. The order in which documents are recorded generally determines which ones are honored first in the event of a default, with certain exceptions such as property tax liens, which almost is1 Technically,the lender(called the beneficiary in the deed of trust)appoints a trustee(usually a title company)who 100 always have first priority.Where more than one deed of trust has been recorded, the deed of trust recorded first gets paid off first in the event of a default. The "first mortgage," which is usually the largest loan against the property, is secured by the first deed of trust to be recorded. Additional loans—called secondary financing--are recorded later in second, third, or even fourth position. The "first lender" is the one who provides the first mortgage.In return for having the loan in first position, the first lender will usually loan funds at a lower rate of interest than the secondary lender. In the private market, second deeds of trust are often referred to as home equity loans or second mortgages. The order of recording documents is very important. If there is a foreclosure, the foreclosing lender will "wipe out" anything that was recorded after his deed of trust—every document that is "subordinate" to his deed of trust—and will take title to the property "subject to" any document that was recorded prior. Holders of subordinate interests must be able to pay off loans in superior positions, or otherwise cure a default, or they will lose all of their interest in the property when the first lender forecloses on it. Example: Financing,Recording,and Title Report on a Typical Home Assume that a house sells for$250,000 in 2001. The homeowner makes a$50,000 down payment and receives a$200,000 loan at 5.5% interest from American Bank. A year later, after the house has increased in value to$350,000, the homeowner borrows another$20,000 at 8% interest from Crockett Bank. Assuming that both of the loans are secured by the value of the house, the owner's title report will show that: American Bank recorded a deed of trust in the amount of$200,000 in 2001. Crockett Bank recorded a deed of trust in the amount of$20,000 in 2002. If the homeowner defaults and either of the banks foreclose, the home will be sold at a trustee's sale. Because American Bank recorded its deed of trust first, and is in first is authorized to foreclose on the property in the event of default by the borrower(called the trustor in the deed of trust).Details regarding the drafting of a deed of trust are beyond the scope of this paper. 101 position, it will receive the first$200,000 in proceeds from the sale, with Crockett Bank receiving the next$20,000. If the house sells for more than $220,000 at the trustee's sale, both American and Crockett will be made whole. However, if American forecloses, it will "wipe out" Crockett's loan unless a buyer is willing to pay at least$220,000. Consequently, Crockett must be able come up with$200,000 cash to pay off American's loan to protect its investment. Typical Financing Used in Affordable Housing Programs First Mortgage. In most homeowner affordable housing programs, a bank makes a loan to the homebuyers for the maximum that they can afford. This loan is almost always in first position and not subordinate to any other loan. Lenders will not usually permit these loans to be subordinate to any restrictions on affordability or resale price. A commercial lender will probably want to be able to sell the loan in the secondarymortgage market, often to the Federal National � Mortgage Association (FNMA, fondly known as "Fannie Mae"). Other commercial loans may be insured by the Federal Housing Administration ("FHA"). The California Housing Finance Agency("CalHFA") also provides first mortgages at low interest rates to low-income first-time homebuyers. All of these agencies not only control the terms of the first mortgage, but also establish standards for any secondary financing provided by other public agencies. Secondary Financing. Local government's assistance to a homebuyer is often provided in the form of secondary financing. CalHFA and certain federal programs may also provide secondary financing. These second loans typically provide one or more of the following: • Closing costs • Down payment assistance 102 • Gap financing between the purchase price and the maximum loan that the owner can qualify for Loans for all three of these purposes typically accumulate interest and must be repaid either at the time of sale or following a regular repayment schedule. Another form of secondary financing is for a public agency to record a deed of trust equal to the difference between the fair market value of the home and the affordable sales price. This form of secondary financing is often used for inclusionary units. A developer is required to sell the home to an eligible family at less than fair market value. The public agency may then record a deed of trust for the difference between the fair market value of the home and the affordable sales price. For instance, if a home worth $350,000 is sold to a first-time buyer for$250,000, the homebuyer would sign a note, and the agency would record a deed of trust for the $100,000 difference between the fair market value and the cost to the homeowner. This deed of trust would be subordinate to the normal bank loan made to finance the $250,000 purchase price. These notes are often called"soft seconds" if the homebuyer is not required to pay any interest until the home is sold to another first-time buyer, or possibly not at all. Each government agency that provides assistance to a homeowner may have specific requirements for its note and deed of trust, and these documents tend to be far more complex than those used in typical single-family home transactions. Consequently, the local agency needs to take care to ensure that the borrower understands the terms. The Five Basic Documents Needed to Enforce Any Home Ownership Program Given the typical structure of first-time homeowner financing, agencies need to prepare five documents to ensure that their controls on ownership units are enforced: 103 1. Resale Restriction and Option to Purchase Agreement(recorded) 2. Promissory Note (not recorded) 3. Deed of Trust (recorded) 4. Request for Notice of Default (recorded) 5. Disclosure to Buyers (not recorded). Resale or Shared Appreciation Restriction. The resale restriction, or shared appreciation restriction, typically coupled with an Option to Purchase, includes all the substantive provisions to be applied to the property as a condition of any governmental subsidy or sale below fair- market value. (The paper does not discuss issues involving the substantive provisions.) _Terms to be Included in the Resale Restriction and Option to Purchase: Terms Needed When the Resale Price Is Restricted: • Required period of affordability and affordability level • Means of calculating the resale price • "Excess proceeds note" if qualified buyer cannot be found. Terms Needed When the Resale Price Is Not Restricted: • Provisions for repayment of any secondary financing; AND/OR • Provisions for sharing of equity or appreciation. Terms to Be Included In All Restrictions • Treatment of capital improvements at resale • Treatment of deferred maintenance at resale • Procedures for property transfer • Provisions for repayment of any secondary financing benefiting a public agency • Requirements (if any)for owner-occupancy 104 • Consequences of involuntary sale or transfer: inheritance, divorce, etc. • Addition of parties to title by marriage or domestic partnership • Requirements for hazard insurance • Provisions for subordination, refinancing, and home equity loans • Default events that trigger the Option to Purchase When public agencies first implemented inclusionary housing programs (as in the first case study), they often recorded no separate documents regarding the resale restrictions or the community's right to purchase the unit, but merely attached the conditions to a grant deed. These restrictions may not show up in a title report and allow an argument to be made that a buyer did not have constructive notice of the restrictions. In response to this problem, local agencies recorded the restrictions as separate documents and carefully titled the agreements, since the title of the document may be the only part of the document that will show up in a title report. A typical title is, "Option to Purchase at a Restricted Price." However, experience has shown, as in the second case study, that buyers, lenders, and realtors may also ignore clearly labeled resale restrictions. The parties to the transaction rarely read the documents listed as exceptions in a title report. Loans may be processed in banking centers located in other states or even offshore; employees processing the loan may have never heard of an inclusionary housing program, and "resale restrictions" may be interpreted as illegal restrictive covenants (requiring sale of property to persons of a particular race). Most importantly, when the property is sold, either through a market transaction or at a trustee's sale because of default, no law or practice requires notice to the public agency that recorded a resale restriction. Consequently, if an agency only records a resale restriction, it may 105 not be notified by a title company when the property is sold. The agency, however,can be guaranteed notice if it records two documents: a deed of trust and a request for notice of default. Notes and Deeds of Trust. Because deeds of trust are so familiar to lenders, title companies, and realtors, the agency's requirements can best be enforced if they are incorporated into a deed of trust. While a deed of trust is most commonly used to provide security for a loan,it can be used to provide security for any obligation: The advantage for a local agency is that state law requires that all holders of deeds of trust be notified if the owner defaults, prior to the sale of the property at a trustee's sale. This gives the agency time to cure the default, or to exercise its option to purchase. In addition,normally all holders of deeds of trust will be notified by the title company with a request fora "payoff demand" (the amount needed to pay off the deed of trust) when property is sold through a purchase agreement, This is because the new buyer or lender typically requires as a condition of sale that all deeds of trust be removed ("reconveyed") before the new owner will take title. Consequently, the title company will send a notice to the public agency as the deed of trust holder when a sale is pending, and secret sales, as in the second case study, will be avoided. Because the local agency's deed of trust is almost always recorded in a position subordinate to the first mortgage, the agency needs to be able to "cure" the default on the first mortgage if the homebuyer defaults on it. State law gives cure rights to the holders of all deeds of trust. Cure rights allow the agency to pay off the deficiency on the first mortgage in the event that the homeowner is in arrears or exercise its option to purchase the home to avoid foreclosure. 106 • The homeowner's obligations to the local government are typically secured as follows: For all secondary financing, the homebuyer signs a promissory note that specifies the loan terms, such as interest rate, repayment schedule, whether the interest is compounded, etc. The financing is secured by a deed of trust. • If the public agency is to receive a share of the appreciation in the home's value at resale, a promissory note contains the terms of the shared appreciation. This note is also secured by a deed of trust. • If the home were originally sold at an affordable price, and if the resale price were strictly controlled so that the home would always remain affordable, then local agencies may require the homebuyer to sign an "excess proceeds" note.The homebuyer keeps all the appreciation if the home is sold at the restricted price,but if a qualified buyer cannot be found and the home is sold for fair market value, the agency will capture the difference between the affordable price and the fair market value—the "excess proceeds." The repayment of these excess proceeds can be secured with a deed of trust. • All of the other obligations in the resale restrictions—a requirement that the home be owner-occupied, requirements for payment of property taxes—are also incorporated into the deed of trust to ensure that these obligations are complied with. If a deed of trust secures only the performance of contractual obligations, and not repayment of a loan, it is called a "performance" deed of trust. The enforceability of a performance deed of trust in the context of a first-time homebuyer program was upheld by the California Court of Appeal in the 2005 case,Dieckmeyer v. 107 Redevelopment Agency.2 Dieckmeyer had purchased a home under a first-time homebuyers program. She received a$23,000 loan from the City of Huntington Beach for closing costs, loan fees, and the down payment. The loan was to be repaid with interest and with a share of her equity in the home upon resale. In addition,Dieckmeyer agreed to Covenants, Conditions, and Restrictions (CC &Rs) recorded by the developer, which required her to sell the property to another moderate income household. Dieckmeyer paid off the loan with interest and demanded that the Redevelopment Agency reconvey the deed of trust to her, which would have allowed her to sell the home at fair market value with no obligation to sell to another qualified homebuyer or to share her equity with the Agency. The Court of Appeal agreed that the Agency's deed of trust could remain on the title to the home to secure eventual payment of the shared equity even though she had paid off the $23,000 loan. The court noted that Dieckmeyer would not have been able to buy the home with the City's assistance, and that she was now trying to avoid living up to a deal that she had agreed to. This decision supports local governments' use of deeds of trust to enforce the contractual obligations of first-time homebuyers. Request for Notice of Default. A Request for a Notice of Default is a recorded notice that requires notice to be provided to the person recording it whenever the holder of a deed of trust declares a default or acts to enforce a lien on property. Normally it is recorded at the time of initial sale along with the deed of trust and other documents. The Request for Notice provides additional assurance that an agency will be notified in the event of a default. Also, the agency must be notified sooner, within ten business days of the 127 Cal.App 4 248 (2005). 108 date that a Notice of Default is recorded.3 Holders of deeds of trust need only be notified within 30 days.4 The requirements for this notice are listed in Civil Code section 2924b. They are somewhat complex. In the past some public agencies have required the homeowner to record the notice. This is unrealistic; a low- or moderate-income homeowner is unlikely to understand either how to draft the notice or to record it. The notice should be drafted by the agency's counsel and recorded at the time of sale. Issues Involving Refinancing and Home Equity Loans Case 3; As Much Money As You Want A city sold a home to a first-time homebuyer and recorded a separate document labeled a "Resale Restriction and Option to Purchase." The city's restrictions limited the price at resale to $150,000, but unrestricted homes in the neighborhood sold for$500,000. The homeowner refinanced the house for$250,000 and then was loaned another$100,000! Although the loans on the house(totaling$350,000) were much less than its fair market value, they exceeded the permitted resale price by $200,000. The homeowner could not repay the loans and eventually defaulted. The city learned of the trustee's sale two days before its scheduled date and stopped the sale. While the litigation proceeded, the homeowner moved out and squatters moved in. Eventually the city spent over$100,000 to repair the damage caused by the squatters plus significant attorney's fees, unpaid taxes, and homeowner's dues. The lender lost the excess $200,000 in loans, which the homeowner had used to support his drug addiction. With interest rates low and homeowners encouraged to refinance their homes and take out equity, public agencies have encountered repeated problems with homebuyers refinancing or obtaining home equity loans in excess of the restricted resale price or in ignorance of the agency's right to a share of appreciation. If the homeowner cannot make the monthly payments,the lender tries to foreclose and take title to the home, forcing the agency to go to court to retain its interest in the property. Many loans have predatory terms, including adjustable rate mortgages that permit 3 Civil Code section 2924b(b)(1). 109 large monthly interest rate increases; negative amortization, allowing interest to accumulate and be added to principal; and balloon payments requiring the homeowner to pay off the entire loan within a few years. Lenders are willing to make these loans because they often do not read the recorded documents and are unaware of the terms, and they believe that there is sufficient equity in the home to pay off the loan even if the homeowner defaults. Consequently, they are less concerned about the homeowner's credit history and ability to pay. The homeowner often desires to refinance or to obtain a home equity loan for perfectly legitimate reasons: to finance a child's college education; to obtain a lower interest rate; to construct home improvements. With high- priced homes nearby, the homeowner may be surprised to find that she has little equity in her home. Refinancing. In some cases a lender may ask the homeowner to pay off existing deeds of trust to give higher priority to the new loan. This occurs when the homeowner refinances the first deed of trust. The public agency may then be contacted by a homeowner asking to pay off the existing loan and/or to have the agency "subordinate" any existing deed of trust or the agency's resale restrictions to the new loan—in other words, to give the new first mortgage priority over the agency's deed of trust or resale restrictions. As a condition for the subordination, the agency can protect its interest by requiring that: • The total debt on the property (including any shared appreciation) cannot exceed some percentage of the restricted resale price (or fair market value, if the resale price is not restricted), usually 90 or 95 percent; a Civil Code section 2924b(c). 110 • Monthly housing costs after the refinancing will not exceed the affordable housing cost; and • Only certain types of loans are acceptable (allowing rejection of loans that require large balloon payments or permit negative amortization or big jumps in the interest rate). Subordinate Loans. The lender is not required to notify the holder of an existing deed of trust before making a loan subordinate to the existing deeds of trust. Ultimately, agencies may discover home equity loans and other subordinate financing only by reviewing public records showing the documents recorded against a home. Public agencies often include conditions in their deed of trust limiting the total debt on a property to a set percentage and requiring homebuyers to obtain approval before obtaining subordinate financing. However, the federal Gare-St. Germain Act and the California Civil Code limit a lender's ability to declare a loan due and payable because another lien has been created that is subordinate to the lender's debt. In other words, the lender cannot require the homeowner to pay off the loan merely because the homeowner takes out another mortgage. To discourage homeowners from taking out loans in excess of the restricted price, public agencies have imposed the following provisions: • Requiring payment on any existing public agency note if subordinate financing is obtained. For instance, the agency may require payment on a "silent second" where payment ordinarily would not be required until resale. • Allowing the public agency to exercise its Option to Purchase if the homeowner takes out financing prohibited by the resale restrictions or deed of trust. 111 • Allowing the public agency to record a notice of default and foreclose on the property if prohibited financing is obtained. However, although there may be public policy reasons for these provisions, given federal and state law, the public agency may not be able to enforce any of these requirements. Providing Adequate Disclosure Case 2 Reprised: "I Didn't Know What I Was Signing" After the owners who decamped to Nebraska were served with the city's lawsuit, they claimed that they didn't know that there were resale restrictions, even after they were shown the copies they had signed. They stated that they were primarily Spanish-speaking and didn't understand. Lastly, they claimed that their realtor told them the restrictions didn't apply to them. When caught violating resale restrictions, homeowners often allege that the restrictions were inadequately disclosed. This is understandable because the resale restrictions,promissory note, and deed of trust combined may total well over 50 pages. To guard against these claims, a separate disclosure should be prepared that explains the terms of the resale restriction and any loan in plain English. (This document must be reviewed by local counsel to ensure that it accurately reflects what is in the agreements!)Typically the disclosure will include calculations showing the homebuyers how much equity they will receive in various situations. The disclosure will also explain limitations on refinancing and on additional mortgages, requirements for hazard insurance, the term of affordability, and provisions in the event of default. Some communities have prepared videos explaining the loan terms. The buyer acknowledges reading and understanding the documents by signing the disclosure. Many communities also require first-time homebuyers to participate in homeowner 112 education programs that explain maintenance requirements,homeowner responsibilities, predatory lending, and other issues that homeowners may encounter. Disclosure issues may also arise when the homebuyer is not fluent in English. Generally, a party entering into an agreement has the duty to ensure that he or she fully understands the agreement before signing. Nonetheless, it is good practice, at a minimum, to translate the disclosure documents into a language in which the homebuyer is fluent. Disclosure to Decision-Makers. Case 4: "It's Not Fair" In 2001, moderate-income homeowners purchased homes for$255,000 that were actually worth$305,000. Three years later, their houses were worth $430,000 at fair market value, but the restricted resale price—which would enable the city to sell the homes to other moderate-income buyers—was only$275,000. The homeowners appealed to the City Council, arguing that they could not buy a comparable house in the area for the $275,000 that they were entitled to. The Council agreed to consider whether the homeowners could be provided some "financial relief." 0 It is not uncommon for homeowners who were thrilled to purchase homes at a below market cost to be angry and upset when they discover how little equity they have gained at resale. As in the above example,in recent years household incomes have been increasing at rates substantially slower than the rate of increase in new home prices. Consequently, homeowners in affordable units often find that they are falling farther and farther behind in their ability to purchase another house, rather than keeping up with increases in housing costs, like other homeowners. Without a legal remedy, they often complain to the City Council or Board of Supervisors and ask for relief. The public agency's remedy is to ensure that the decision-makers understand the consequences of their program when they adopt it—and to keep re-educating newly elected councilmembers and supervisors. Strict resale restrictions will maintain affordability but will not 113 allow homeowners to gain the benefits of increased equity, except in a very limited way. Provisions allowing homeowners to retain much of the appreciation in the home's value will give the homeowners more of the benefits of homeownership but will require the public agency to subsidize each sale to a future owner to maintain affordability. The trade-offs must be clear to the decision-makers at the time that they adopt the program. Monitoring Homebuyer Programs Case 5: "What's This?" A redevelopment agency worked for years to create a homeownership program in a very poor, blighted area, where it seemed that no one would want to buy a home. The agency worked with a nonprofit to develop a 90-unit project. The agency put in millions of dollars. The County added millions more. The developer went through nightmares. The agency put in more money. The County put in more money. So as not to discourage homebuyers, the only resale restriction was an option for the redevelopment agency to purchase the home at the restricted resale price. If the agency didn't exercise the option, the homeowner could sell at market, and the agency would get only an equity share based on its second mortgage. One day a homeowner sent notice to the agency that he intended to sell his home. The agency had only 30 days to exercise its option. The agency's receptionist signed the certified mail receipt, but no one on the agency's housing staff remembers seeing the notice. The home sold for$300,000 over the restricted price. The agency could do nothing because it had failed to exercise its option in time. Its equity share was tiny. The unit was lost forever as an affordable home. Implementing inclusionary ordinances requires dedicated staff and training in the mechanics of the program. It cannot be done on the cheap. Familiarity with deeds of trust, defaults, subordination, and secondary financing is not atypical "core competency" of cities and counties, except the largest or most experienced. Keeping units in the program and ensuring that they are not lost to defaults, fraudulent sales, or lack of knowledge requires a commitment to monitoring, training, and adequate staff. The following tasks need to be done annually to ensure that units remain in the program: Establish a data base that includes all homes in the homebuyer y program. 114 . • Review assessor's records annually for changes in title and to ensure that the 0 homeowner's exemption is still being claimed. • Review documents recorded against title to identify subordinate loans that may jeopardize the agency's interest in the property. Many counties now show all recorded documents on line. An alternative is to establish a contract with a title company to review annually any new recorded documents. The agency also needs to establish a fixed procedure for reviewing notices of sale, requests for subordination and loan payoffs, hazard insurance notices, notices of defaults, and all other documents. Some local governments have entered into agreements with local realtors, lenders, or nonprofit organizations to administer their program. In each case, however,local agency oversight is critical to ensure that the consulting agency understands the local program and is administering it in accordance with the agency's goals. 115 ITEM NUMBER: B -4 DATE: 11/08/05 n Isis 1 e Atascadero City Council Staff Report - Community Development Department Certification of Mitigated Negative Declaration For Traffic Way Park Expansion and Recreation Center Master Plan Precise Plan 2005-0185 (City of Atascadero) RECOMMENDATION: Council adopt Draft Resolution A certifying Proposed Mitigated Negative Declaration 2005-0050. DISCUSSION: Background: The City of Atascadero is moving forward with plans to construct a Recreation Center at Traffic Way Park. The proposed Recreation Center is consistent with the Traffic Way Park Master Plan that was adopted by City Council earlier this year. In addition to constructing the Recreation Center, the project will include the phased expansion and relocation of existing facilities at the park. Prior to any construction activities,the City is required to prepare, circulate and certify a CEQA environmental document. Staff has prepared and circulated a proposed Mitigated Negative Declaration (MND) and is recommending the Council certify the proposed document. Analysis: The MND identifies six areas of potential environmental impact that could result from the project. Those potential impacts are biological, water quality, archaeology, soil contamination, native trees and traffic. The MND found that all of these issues could be mitigated to a level of less than significant, without have a major impact on the park design. 116 ITEM NUMBER: B -4 DATE: 11/08/05 Biology The biological impacts of the projects are related to the proximity to Atascadero Creek and the riparian habitats. The original master plan proposed to extend active turf play areas and hardscape improvements into the riparian area. The biologist determined that park improvements should be limited to the location of the existing corporation yard fence to minimize impacts to the creek. Also, any new storm drainage outfall structures would require grading and construction within the creek. The biologist recommends that the project be designed to utilize the existing drainage outfalls. The MND has incorporated-both of these recommendations as mitigations. The architect for the project has agreed that these changes to the master plan can be made with minimal impact to the site plana Water Quality Parks have large areas of manicured turf and parking lots. Both of these elements produce storm water runoff with high levels of oil, silt, fertilizers and chemicals. Due to the park's adjacency to the creek, there is a potential to negatively impact the creek's water quality with storm water run off. The biologist is recommending that all storm water be filtered and cleaned before being released into the creek. The MND includes mitigation measures that all storm water be filtered through biofilitration swales or mechanical filters. These changes are being incorporated into the engineered drainage plan. Archaeology Anytime a project is proposed near a significant creek there is a possibility that Native American artifacts could be present. The City hired an archaeologist to complete a Phase I study of the site. Although the Phase l study did not find any artifacts, the archeologist could not rule out the possibility that there are buried artifacts. The MND includes mitigation measures that additional Phase 11 sampling and monitoring be conducted prior, to and in conjunction, with construction activities. Soil Contamination Since the site functioned as a wastewater treatment plant for Atascadero for a number of years, it was possible that some soil contamination could be found. The City has hired ATC Associates to conduct both Phase I and Phase II surveys and testing of the site determine if there is any contaminated soil. The Phase 11 bore tests identified some shallow and isolated traces of organic constituents (aroclor 1260 and benzo (a) pyrene) in a few pockets on the site. Because youth will be present, the City has chosen to use the highest standard for soil clean up whichis also used for public schools. Based on this standard, the MND includes mitigations that require these small areas of contamination to be excavated and transported to an approved disposal facility. Following excavation the site will be clean. 117 ITEM NUMBER: B -4 DATE: 11/08/05 Native Trees The project arborist identified five significant native oak trees that would have to be removed to accommodate the parking lot construction. The arborist also identified that a number of smaller trees along the creek bank that could be impacted by the project. The arborist is recommending that the parking lot be slightly redesigned and the improvements along the creekbank be pulled back to preserve these trees. These recommendations have been incorporated into the MND as mitigations. Staff has been working with the project architect on a redesign that will preserve these trees. Traffic The project's traffic engineer has analyzed the projects traffic and parking generation. The project's parking and traffic levels are within acceptable City standards. However, parking for the site is limited and events will need to be managed on weekends to avoid parking issues. No mitigation measures were required. FISCAL IMPACT: Included in the Youth Recreation Center project budget. ALTERNATIVES: 1 . The City Council may make minor modifications to mitigation measures. 2. The City Council may determine that more information is needed on some aspect of the MND and may refer the item back to staff. ATTACHMENT: Attachment 1: Draft Resolution A 118 ITEM NUMBER: B -4 DATE: 11/08/05 ATTACHMENT 1: Draft Resolution A Approval of Draft Negative Declaration DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING PROPOSED NEGATIVE DECLARATION 2004-0050 PREPARED FOR PRECISE PLAN 2005-0185 (City of Atascadero Traffic Way Park Expansion and Youth Recreation Center Master Plan) WHEREAS, an application has been received from the City of Atascadero (6905 El Camino Real, Suite 6), to consider the construction of a Youth Recreation Center and expansion to Traffic Way Park and, WHEREAS, an Initial Study and Proposed Negative Declaration 2004-0050 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS the City Council of the City of Atascadero held a public hearing on November 8, 2005 following the close of the review period to consider the Initial Study and Proposed Negative Declaration; and, WHEREAS, the City Council has determined that the project will have no significant impacts; and, NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to certify Proposed Negative Declaration 2005-0050 based on the following Findings, and as shown in Exhibit A: 1. The Proposed Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment; and, 4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 119 ITEM NUMBER: B -4 DATE: 11/08/05 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, 6. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, 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: Wendy Scalise, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney 120 City of Atascadere, 1979 CEQA Re errai Request for Comments Community Development Department 6905 El Camino Real,Suite 6,Atascadero,CA 93422 (805)461-5000 Date: October 10, 2005 To: Atascadero Mutual Water Company Atascadero Unified School District California Regional Water Quality Control Board Charter Communications Pacific Bell Pacific Gas and Electric San Luis Obispo Air Pollution Control District SLOCOG Southern California Gas Company Upper Salinas/Las Tablas Resources Conservation District Department of Fish and Game Army Corps of Engineers From: Steve McHarris,Deputy Community Development Director .Q The attached Proposed Mitigated Negative Declaration is referred for your Agency's review and comment. The public review period for this project runs from October 7,2005 to October 26, 2005. Mitigated Negative Declaration 2005-0050 and initial study By L — Date Mailed OCT 1 0 2MS 121 r !\!DORSEQ) e iiu i ii` ''(i s CITY OF ATASCAD]ERO 1 0 7 7,9 7928 !q - e, 297a ...�05 CAD .,V ALD,COUP C, < ? COMMUNITY DEVELOPMENT DEPARTMENT ' i , IAMOS C1G�f4 NOTICE OF INTENT TO ADOPT PROPOSED MITIGATED NEGATIVE DECLARATION NOTICE IS HEREBY GIVEN that the Environmental Coordinator of the City of Atascadero has completed a review of the following project and is proposing the following environmental determination: Applicant: City of Atascadero,6905 El Camino Real suite 6,Atascadero,CA 93422 Phone: 805-470-3482 Project Title: Precise Plan 2005-0185 -Traffic Way Park Expansion and Recreation Center Master Plan Project 5493,5599 Traffic Way,Atascadero,CA 93422 Location: (San Luis Obispo County)APN 029-091-007,028-361-033 Project The proposed project is a City Park Master Plan to allow a 12.5 acre phased development designed to Description: retain and expand Traffic Way Park as follows: Replace the existing City Public Works Yard with park development;construct a new outdoor recreation complex and 19,000 square foot indoor recreational youth facility; reconstruct existing recreational sports fields and a 9,800 square foot indoor/outdoor skate and BMX area park(former metal industrial building);add two new batting cages;an indoor/outdoor skate,.an outdoor climbing wall,a water spray play area,two playgrounds, two basketball courts,an outdoor stage and amphitheater,a picnic and bbq area,and a 123-space parking lot with a drop-off area;and designate a future aquatic swim facility. The plan also includes perimeter fencing;walking trail;safety lighting;and retains the existing public restrooms and sewer lift station facility. General Plan Designation: P,I Zoning District:P,I Environmental Begins: October 7,2005 Review Dates: Ends: October 26,2005 Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration Environmental is proposed. The proposed Mitigated Negative Declaration is available for public Determination: review from 10/7/05 through 10/26/05 at 6905 El Camino Real, Suite 6, Community Development Department from 8:00 a.m. to 5:00 p.m.,Monday through Friday. Any interested person may review the proposed Mitigated Negative Declaration and project files. Questions should be directed to Steve McHarris,Deputy Community Development Director at 470-3482. f" St.9ven G.McHams,Deputy Community Development Directorate i -FOc PPN 2005-0185.Tnlric Way Put 6IND.= - Print Dn..10/07!057:12 PM 6905 EL CAMINO REAL,SUITE 6•ATASCADERO,CA 93422 (805)461-5000 •FAX 461-7612 122 =__= .arloaY '10:■ I. '9is 'e'a CITY OF ATASCADERO PROPOSED MITIGATED NEGATIVE DECLARATION #2005-0050 6905 El Camino Real, Suite 6 Atascadero,CA 93422 805/461-5000 Applicant: City of Atascadero,6905 El Camino Real,Atascadero,CA 93422 Phone:805-470-3482 Project Title: Precise Plan 2005-0185—Traffic Way Park. Project 5493,5599 Traffic Way,Atascadero,CA 93422 Location: (San Luis Obispo County)APN 029-091-007,028-361-033 Project The proposed project is a master plan to allow a 12.5 acre phased development designed to retain and Description: expand Traffic Way Park as follows: Replace the existing City Public Works Yard with park development;construct a new outdoor recreation complex and 19,000 square foot indoor recreational youth facility; reconstruct existing recreational sports fields and a 9,800 square foot indoor/outdoor skate and BMX area park(former metal industrial building); two new batting cages;an indoor/outdoor skate,an outdoor climbing wall,a water spray play area,two playgrounds,two basketball courts,an outdoor stage and amphitheater,a picnic and bbq area,and a 123-space parking lot with a drop-off area,and a future aquatic swim facility The park includes perimeter fencing; walking trail;sports lighting;and retains the existing public restrooms and sewer lift station facility. General Plan Designation: P,I Zoning District: P,I Findings: 1. The project does not have the potential to degrade the environment. 2. The.project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited,but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. Determination: Based on the above findings,and the information contained in the initial study 2005-0023 (made a part hereof by reference and on file in the Community Development Department),it has been determined that the above project will not have an adverse impact on the environment when the following mitigation measures are incorporated into the project(see attachment). Prepared By: Steve McHarris,Deputy Community Development Director Date Posted: October 7,2005 Public Review Ends: October 26,2005 Attachments: - Location Map . - Aerial photo - Site photographs Traffic Way Park Expansion and Recreation Center Master Plan - Biological resource mitigation measures Arborist Tree Protection Plan Exhibit - Existing Conditions - Initial Study 2005-0050 - A&T Arborist Report(attachment) Fiir.PPN 2005.01SS.Traffic Way Park MND— - - - -- PfmtMr..tON7rO5T.t2 PM 123 6905 EL CAAHNO REAL,SUITE 6 •ATASCADERO,CA 93422 • (80 5)461-5000•FAX 461-7612 ail CITY OF ATASCADERO INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM Environmental Review 2005-0050 Applicant: City of Atascadero,6905 El Camino Real suite 6,Atascadero,CA 93422 Phone: 805-470-3482 Project Title: Precise Plan 2005-0185 -Traffic Way Park Expansion and Recreation Center Master Plan Project 5493,5599 Traffic Way,Atascadero,CA 93422 Location: (San Luis Obispo County)APN 029-091-007,028-361-033 Project The proposed project is a City Park Master Plan to allow a 12.5 acre phased development designed to Description: retain and expand Traffic Way Park as follows: Replace the existing City Public Works Yard with park development;construct a new outdoor recreation complex and 19,000 square foot indoor recreational youth facility; reconstruct existing recreational sports fields and a 9,800 square foot indoor/outdoor skate and BMX area park(former metal industrial building);add two new batting cages;an indoor/outdoor skate,an outdoor climbing wall,a water spray play area,two playgrounds, two basketball courts,an outdoor stage and amphitheater,a picnic and bbq area,and a 123-space parking lot with a drop-off area;and designate a future aquatic swim facility. The plan also includes perimeter fencing;walking trail;safety lighting;and retains the existing public restrooms and sewer lift station facility. General Plan Designation: P,I Zoning District:P,I Lead Agency Name City of Atascadero and Address: 6905 El Camino Real, Suite 6,Atascadero,CA 93422 Contact Person and Steven G.McHarris,Deputy Community Development Director Phone Number: City of Atascadero 6905 El Camino Real, Suite 6 Atascadero,CA 93422 General Plan Public,Industrial Designation: Zoning: Public,Industrial Surrounding Land North: Industrial Uses and Setting: South: Medium Density Residential West: Recreational East: Open Space Other public agencies None whose approval is required (e.g.,permits, financing approval,or participation agreement) _. . 10/07/05 _- _ _. .. PPN 2005-0185.Traffic Way Park MND.sm 124 t.. CITY OF ATASCADERO INITIAL STUDY Attachment I Location Map 5493, 5599 Traffic Way Atascadero, CA gy r }x � Project Site ,y l t+ri,* e � 7n• ry..:� a,.�'�a:...70 r, titin w �f/ w � Atascadero Creek r� SOS Nw h y C �('7� til@ e*ta :a�v ,1 c V u r � . PPN 2005-0195.Traffic Way Park W1ND.sm _ 10107ro5 125 _ la � p 4 ry` 4/,��` A,r�`x. �. .p � .• "w'�„`�s f^� `r ""w` j..j s ♦- "v '�" ":t 'kt JJs ,` .?!�J f'* [• �. `>$'r:::..,•S M. .i�'g} .+tc�4 J �'" � so.S . � aT4,f * ,'2"h Y".�''„yr.p +.w/��' ilk J �"s e z - ,:i 4 r / .ziTd M"F!:.Jdc=s ✓�� Project Site ` Ile ool '' ,�"�^�',its .+tea•' ip '� .i: ��, � �� *�1Y y, q�C >" v �s,�' ( ��� �4e�r + a4 i K K x 't ° �J+ y r ✓ 'v `{ r.�,,,-f }± �� a I.�. 3,d r rig( d•�,�,X'� i.:`!s @��`'+"�- r1 ;e f 7C,.�r 1( J TAT fir, ��1 is t !•moi. ��A f�( a ' i � T6+.� '1' a""�r +>ws _ "`-T` ��}f' it -►1 #' r,,,.+" �� �� -. f, ave q, 2 � .,r-'��t ��.,,�r.wP K�'A�y+ � z.� � 1i i, �� ':t � acccfff�����•�" } '.'j �, r,�. '�'9'f°ra ��: t`'-``v �- �� �� 1' .s(eta ! ` -� ?+., hra��.". 4�• - F''. ;d:k.4f�+�rleR '3'p/,�.-°+,.i� t�Y�j .,�i � Awl fj trt 4s yq r sfar ds t .y x ! '�•». � i'I� Gy •r! f i $. • x ,.M 'y-„ 1,Ir � ^ r .�.� _ r'�� ..�,° �Jar r;: -ar a.-.,�, ., x-.'`� ,��. � .�.. ..,� tr y� �.'icj:s.". `:•`-!, gb9 4" '.�i„`.,�,'v' CITY OFATASCADERO INITIAL STMY Attachment 3 Traffic Way Park Expansion and Recreation Center Master Plan 711) a srasux r.� } -i •-,• t \� ■ az aw nw w.fn.raraYrw. � ! d:. + ♦--✓ _ f.^= ��. �(n�� o toe.+o.�oeaoa a rraay 1,4 a..ya•ey..ro+o�r na oy 'na 1- � mcaam wne�ra rawruzYr 1! t ��.qt r!d! �..LJ � ! i �_, h. �'� YX r. , � � - - � eee.we• N' ✓. r 1 1 � y - � ra rr��, � "F � rowesreurta ow,u�a ra r 1a�ri IL 41 O; .f .,�� �'�✓, µ,yr 7,,,� w..� SfTE \ r `m`° "T"MASTER PLAN; 10/07/05 PPN 2005-0185.Traffic Way Park MND.sm _ 127 X61�19', ;.__=�,'�;•s.�. s�..tR f �t ----'�L� �«LC. R''�a.��'�''`,� ..��'�.¢y +wwrcm��Y ;- AR` ! �, R .�w^ai� 4s� , 7 � - _ t I 7 _ rr• y *,.�....�r^.,`�•" .'T "�''+ •-� "�$ ,�e"-tea ��`� � � P{��' u amu. �• 0. .���� �' `''�sr+r 3 _ r 'zt �=`"�u''� r ..�.z-u'�,Tta� t-�`= � c -�� ,�'�•��� t ,fes �. .t•`.t .� +r- �,_.,. .F�.�S Jell .: �� �c,��*'^,.�* •,;y C�-H .fe�.�, . :: �"�.�� � �-,7 �.,+... til I �j �! �".�� g � �. it �y caa, -yr 4 P ✓ - rad R Ft ,I Y. i moi.��,• r� CITY OF ATASCADERO INITIAL STUDY Attachment 5 Recommended Biological Resources Mitigations 5.1 Biological resource mitigation recommendations We recommend the following biological resource (BR)mitigation measures to prevent or mitigate for impacts to wetlands and waters of the United States, riparian habitat, rare species,and nesting birds. 5.1.1 Loss of habitat mitigations A. Potential Jurisdictional Waters: If jurisdictional waters are impacted, a mitigation plan must be developed and approved by the Corps. The Regional Water Quality Control Board requires a 2:1 mitigation ratio for permanent impacts and a 1:1 mitigation ration to temporary for impacts to streambed habitat (as per Daniel Gutterrez,RWQCB,August 25,2005). B. Riparian: The riparian habitat is defined as the area between the outer edges of the riparian vegetation. The California Department of Fish and Game and San Luis Obispo County regulations require building set-backs from the edge of riparian habitat to protect this.resource. We recommend a 35-foot set-back from the riparian habitat, unless otherwise negotiated with the Department of Fish and Game. BR-1 Riparian habitat shall be protected from direct and indirect impacts where practicable. Riparian habitat protections include avoiding direct impacts to drainages such as culverts and crossings. Minimize indirect.impacts by providing bio-filtration of storm water and designing detention for residential and roadway discharges. BR-2 If impacts to the riparian zone are proposed. (e.g. placement of hardscape or irrigated turf inside of the buffer), the following steps must be completed depending upon jurisdictional areas affected: 1. Permits must be obtained, as appropriate, from the California Department of Fish and Game (DFG Code 1600), the U.S. Army Corps of Engineers (Section 404 of the Clean Water Act), the Regional Water Quality Control Board (Section 401 of the Clean Water Act). 2. A mitigation,monitoring, and.reporting plan shall be prepared and approved by the .City and' other jurisdictional agencies, as appropriate (i.e., California Department of Fish and Game, U.S. Army Corps of Engineers,and the Regional Water Quality Control Board). Riparian mitigation shall increase the aerial extent of riparian.habitat on site at a two-to-one ratio (created riparian area to impacted riparian area). Functions and values of the created riparian zone must be comparable to the impacted habitat. --- PPN 2005-0185.Traffic Way Park MND.sm 10/07/05 _129 CITY OFATASCADERO INITIAL STUDY Althouse and Aleade.Inc-556.01 3. Mitigation implementation and success will be monitored for three to five years, depending on the jurisdictional agencies' requirements. BR-3 If site disturbance is proposed within 35 feet of riparian habitats, riparian protection and enhancement shall be monitored during construction. 1. Orange silt fence will be installed at the edge of proposed disturbance boundary. 2. The boundary will be labeled with highly visible signs that indicate "Riparian Protection Zone —No construction equipment or ground disturbance allowed" BR-4 Habitat enhancements are to be required if impacts to the riparian zone are proposed. Enhancements shall include planting native trees and shrubs in order to increase the width and density of riparian habitat proportional to disturbed areas at a two to one ration (enhanced area to disturbed area). See BR-2a. BR-5 When demolition of buildings or hardscape inside of the 35-foot riparian buffer occurs: 1. Where practicable, equipment shall be placed outside of the riparian buffer. 2. A biological monitor shall be present on site. 3. All water discharged during demolition must be contained on site away from the creek. If discharge is proposed for the creek, authorization must be obtained from the Regional Water Quality Control Board. C. Native Trees: The City of Atascadero requires native trees on the property be protected when possible and mitigated.for if damaged or removed. 1311-6 Tree canopies and trunks within 25 feet of proposed disturbance zones shall be mapped and numbered by a qualified biologist and a licensed land surveyor. Data for each tree shall include diameter at breast height(4.5 ft) of each stem/trunk,canopy diameter, tree height, tree health,.and habitat notes.(cavities for birds or bats), raptor nests, wood rat nests, and unique features. BR-7 A native tree protection plan shall be prepared for the project and approved by the City if impacts to native trees trees are anticipated. BR-8 Impacts to the native tree canopies or root zones shall be avoided where practicable. Impacts include any ground disturbance within 1.5 tunes the diameter of the dripline of the tree. BR-9 Impacts to native trees 'shall 'be mitigated in kind at a 2:1 ratio. Oaks removed shall be replaced in kind at a 4:1 ratio. BJologf-I Report–Tidffie 8 qv P-k and Youth Center .36 130 CITY OF ATASCADERO INITIAL STUDY AIthause and Aleade.Inc.-486.A! BR-10 Replacement trees shall be seasonally maintained (browse protection, weed reduction and irrigation, as needed) and monitored annually for at least five years. 5.1.2 Common wildlife mitigations A. Nesting habitat: Migratory non-game native bird species are protected by international treaty under the Federal Migratory Bird Treaty Act(META) of 1918 (50 C.F.R. Section 10.13). Sections 3503, 3503.5 and 3513 of the California Fish and Game Code prohibit take of all birds and their active nests including raptors and other migratory non-game birds (as listed under the Federal MBTA). BR-11 Immediately prior to ground disturbance activities, if work occurs between March Iu and August 31", nesting bird surveys shall be conducted. To avoid impacts to nesting birds, grading and construction activities that affect grassland habitats or trees shall not be conducted during the breeding season from March Ig to August 31St. If construction activities must be conducted during this period, nesting bird surveys shall take place within one week of ground disturbance. Ground nesting birds are possible in un-mowed fallow grasslands. If surveys do not locate nesting birds, construction activities may be conducted. if nesting birds are located, no construction activities shall occur within 200 feet of nests until chicks are fledged. Construction activities shall observe a 300 foot buffer for raptor nests. B. Reduction of movement corridors: Impacts to the riparian zone shall be minimized to protect local wildlife movement corridors on the property. Open space fences shall not include game wire;no-climb wire,or impenetrable fencing, or shall have animal passages at 150 foot intervals. Exterior lights shall be shielded to direct fighting to the ground. C. Displacement and/or take: Wildlife expected to occur on the property includes common species such as red fox, mule deer, coyote, bobcat, striped skunk, raccoon, black-tailed jackrabbit, and several species of rodents. Mitigations for impacts to common wildlife species are usually not required. 5.1.3 Rare species mitigations A. Cooper's hawk and sharp-shinned hawk: Pre-construction nesting surveys shall be conducted as specified in BIS-10 if impacts to riparian canopy are anticipated. B. Pallid Bat: Prior to tree removal or demolition of buildings on site, we recommend the following mitigation measure: BR-12 If work is to be conducted between March 1 and April 15, pre construction survey shallbe conducted to determine if pallid bats are present in the trees proposed for removal. No trees may be removed that contain maternal bat __colonies. c� CITY OF ATASCADERG INITIAL STUDY Alehouse and Meade.Inc.-156.01 C. Southwestern pond turtle: We recommend the following mitigation measure to ensure that no pond turtles are impacted by the project. BR-13 Immediately prior to any activity that affects riparian habitat, a pre- construction survey shall be conducted to determine the potential for pond turtles to occur in the work areas. If no water is present in the work areas, the project may commence with a biological monitor during .initial vegetation removal activities. The monitor shall be qualified and permitted to move pond turtles if they are found in the project area. Yellow Warbler and Yellow-breasted cehat: Pre-construction nesting surveys shall be conducted as specified in BR-10 if impacts to riparian canopy are anticipated. D. Steelhead trout - South/Central ESU: Section 9 (16 USCA 1538) of the Federal Endangered Species Act (FF..SA) prohibits the "taking" of a listed species by anyone, including private individuals, corporations, and state and local agencies. NMFS has authority for regulation of anadramous fish and marine mammals. The Traffic Way Park and Youth Center shall not have take of the federally listed threatened steelhead trout that occur in Atascadero Creek. In addition to the 35-foot set-back from the riparian corridor, the following mitigation recommendations will reduce the potential. for take to a Tess than significant level. BR-14 Immediately prior to any activity that affects riparian habitat, a pre- construction survey shall be :conducted to determine the potential for steelhead to occur in the work areas. If no water is present in the work areas, the project may commence without further surveys or monitoring obligations for steelhead. If water is present, the pre-construction survey shall be conducted in a manner that will identify if steelhead are present in the work areas. BR-15 If steelhead are present in the work areas,the fish will be moved to an appropriate location prior to project commencement. E. California Red-legged Frog: We recommend the following mitigation measure to ensure that no red-legged frogs are impacted by the project. BR-16 Immediately prior to any activity that affects riparian habitat, a protocol pre-construction.survey shall be conducted to determine the potential for California red-legged frogs to occur in the work areas. If no water is present in the work areas, the project may commence with a - biological monitor during initial vegetation removal activities. BR-17 If California red-legged frogs are found, .the project will .be delayed until the US Fish and Wildlife Service is consulted and a plan approved for relocation and protection of the frog. Biological Rgorl-Trzo7cTigvPark and Youth Center 38 19181 S Y97H CITY OF ATASCADER0 INITIAL STUDY Attachment 6 Tree Protection Plan Exhibit S 'P[�� �'�+ P=�„yy,� -., f du a�� F.'� �ff�.�;..�i-- �a,,►�a.' �, ke�l.E6��,. '��� �.. Fr ., .. t a � � �y \` I �-�A W ) M 6/y�'y�� •S TT��r`��' .c. � .�♦^�\ - 1 s -// u,o.w+tar wq.,. err sr-.'...., f t.. i �tTT l M.ISMLI�Cni►/uWlewlfbtT�tyh� aE A /�. Y•-` .Frnl( r(� K`*`/'�^t �'\ :R(� .. a Gr/a'W41rFQt'MpyllYt�ouYLuws �.�D( '`r( 1 •.�.. w r � M A rB7, �VZ .fi°'•t*•� J t ',„k 1' wr urc* ..r. C' c i i -' C CENTER �- 1 y-31 r k , F ? � �F�,-:a. �I mss• n*x 1�. R 10/07/05 _ PPN 2005-0185.Traffic Way Park MND.sm 7 - 133 - r CITY OF ATASCADERO INITIAL STUDY Attachment 7 Existing Conditions Site Map EXISTING EURDINGS 5493 TRAFFIC WAY ALUMINUM SIDED BUILDING - ® � O t ZCURRENT EFFLUENT CATCH BASIN I I BASERALL DIAMOND �I LLI ,.1 LL_ ' :'` ` LL_ LL- MEL CONTAINER\ ~ RESTROOMSICONCESSIONS 5599 TRAFFIC WAY W B TRANSFORMER SEWER UFT STATION PUMP HOUSE MS®ALL DIAMOND - I. to ` AERATION TANK I OFFICE /.: W W WATER - SECONDARY CIARIflER \\\\ I { BUILDING('FORMER PRIMARY CLARIFIER). �I N '_..�.-•ALJ �, Ik ALUSii1ti� - 1 :..-.. ALUMINUM SIDED B L._.....� roRMERSGO-6 1 MOSILE OFFICE ® 1 Arom�Yn•b 8u1�InFM I . -. I � f��{t. - ALUMINUM SIDED SUILDINfrr. I x ek- exruNA710N I ' y 1101 OIMEDA(ARMORY) —— SITE BOUNDARY FENCE I I'` NOTE: } BASt~FFANRC30{TAIHED FROM WILSON LAND 3URYEY3.lAT1UART 12.'1A06 TOPOGRAPHIC SURYlY r�r( I;: PPN 2005.0185.Traffic Way Park MND.sm -- 10/07/05 134 CITY OFATASCADERO INITIAL STUDY Attachment 8 A&.T Arborist Report ST P.O. BOX 1311 TEMPLETON,CA 93485 (80S)434-0131 9-OS-OS Citv of Atascadero Traffic Way Park Tree Protection Plan This tree protection plan is in regards to the development of the new recreation center and athletic fields located between Traffic Way and Atascadero Creek. The current use on this property consists of city maintenance support facilities and ball fields.The trees on site consist of coast live oaks(Quercus agrifolia),valley oaks(Quercus lobata),blue oak (Quercus douglasio,london plane trees(Planranus arcerrifolia),lcylandi cypress trees (Cupressocyparis levlandir),red gum eucalyuptus(Eucalyptus rosrtata),english walnut (Juglans regia),fig(Ficus carica),black walnuts(Juglans nigra),sycamore(Plantanus racemosa),ornamental pear(Prunms kawakamii). It shall be:noted here,the leylandi cypress trees were not inventoried because some of the trees are dying of Cytospora canker and the rest are soon to follow. They should all be removed. The arborists did not inventory shrubs or other poor quality trees. The trees are tagged with an aluminum number plate along with the corresponding colored tape. Trees that will be saved according to the current plans have yellow tape attached to the number tag. Trees that will have to beremoved have red tape. Many of the trees with red tape can be saved and the proposed changes with corresponding tree numbers is discussed below. Tree fencing has not been outlined an the plans as the Irborists feel changes will be made to save additional trees. When final plans are available,the required fencing will be outline on the plans. :All.drip line%impacts on the spreadsheet are subject to change according to plan changes. A native tree removal permit has not been completed for this project as the number of planned removals will most likely decrease. The trail construction parallel to Atascadero Creek shall be constructed around the oak trees without:removing any."'There appears to be ample room to'accomplish this,"The existing fence shall be removed without damaging nearby trees. All large oaks and black walnuts along the creek riparian area that overhang the trail require crown inspections and crown reduction pruning. Future plans should include designing around tree 25 and 26 in the swim complex area. These two oak trees are in very good condition and should be saved. Trees#29,31,30,37,and 38 exist within the parking lot south.of the recreation center. :Consideration should be given to move the parking lot to the north and eliminating the planting areas. -These trees are in good condition and should,be saved. free 471 is a native sycamore tree that was not surveyed ThisItree needs proper surveying as the arborists feel it can be saved. It is in veryygood condition. ,,.,,Most all the young oak trees in the greenbelt along Traffic Way were not surveyed. We assume this area will not be disturbed and all the trees can remain. Many of these young PPN 2005-0185.Traffic Way Park MND.sm .. 10/07105 - - - 135 CITY OT ATASCADERO INITIAL STUDY Attachment 8 A&T Arborist Report trees need proper training at this time. Several of the red gum eucalyptus trees have red gum lerp psyllid infestation. A systemic insecticide will remedy the problem. Three of these trees have very poor acute crotches and they may need to be removed before they become a hazard. It appears that proposed baseball diamond A is smaller than B. Consideration should be given to switch the proposed fields so that many of the young oak trees in the outfield of B could be saved by placing field A where B is proposed. It is the responsibility of the city to provide a copy of this tree protection plan to any and all contractors and subs that work within the drip line of any native tree. It is highly recommended that each contractor sign and acknowledge this tree protection plan. This project shall require an oh-site pre-construction meeting with the city,grading contractor and the arborist. Topics will include fencing,monitoring and requirements for a positive final occupancy letter. All trees potentially impacted by this project are numbered and identified on both the grading plan and the spreadsheet. Trees are numbered on the grading plans and in the field with an aluminum tag. In the field,trees to be saved have yellow tape and trees to be removed have red tape per the current plan. Tree Rating System A rating system of I-10 was used for visually establishing the overall condition of each tree on the spreadsheet. The rating system is defined as follows: Ratinf Condition' 0 Deceased I Evidence of massive past failures,extreme disease and is in severe - decline. . 2 May be saved with attention to class 4 pruning,insect/pest eradication and future monitoring. 3 Some past failures,some pests or structural defects that may be mitigated by class IV pruning. 4 May havehad minor past failures,excessive deadwood or minor structural defects that can be mitigated with pruning. 5 Relatively healthy tree with little visual structural and or pest defects , 6 Healthy tree that probably can be left in its natural state. 7-9 Have had proper arboriculturai pruning and attention or have no - apparent structural defects. 10 Specimen1ree with perfect shape,structure and foliage in a protectbd fling(i.e.park,arboretum). -t ---.-_ - PPN2005-0185.Trafficway Park MNDsm-------_-__ 10/07/05 136 CITY OF ATASCADERO INITIAL STUDY Attachment 8 A&T Arborist Report The followin,mitigation measuresi methods must be fully understood and followed by anyone working within the drip line of any native tree. Any necessary clarification will be provided by us(the arborists)upon request. L Fencing: - The proposed fencing shall be shown in orange ink on the grading plan. It must be a minimum of 4'high chain link,snow or safety fence.staked at the edge of the drip line or line of encroachment for each tree or group of trees. The fence shall be up before any construction or earth moving begins. The city or their designee shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s),upon notification,will inspect the fence placement once it is erected. After " this time,fencing shall not be moved without arborist inspection/approval. If the orange plastic fencing is used,a minimum of four zip ties shall be used on each stake to secure the fence. All efforts shall be made to maximize the distance from each saved tree. The fencing must be constructed prior to the city pre-construction meeting for inspection by the city and the arborists. 2. Soil Aeration Methods: Soils within the drip line that have been compacted by heavy equipment and/or construction activities must.be returned to their original state before all work is completed. Methods include water jetting;adding organic matter,and boring small holes with an auger(18"deep,2-3'apart with a 24"auger)and the application of moderate amounts of nitrogen fertilizer. The arborist(s)shall advise. 3. Chip Mulch: All areas within the drip line ofthe trees that cannot be fenced shall receive a 4=6"layer of chip mulch to retain moisture,soil structure and reduce the effects of soil compaction. 4. Trenching Within,Drip Line: All trenching for foundations within the drip Line of native trees stall be hand dug. All major roots shall trr avoided whenever possible. All exposed roots larger than 1"in-diameter:shall be clean cut with sharp pruning tools and not left ragged. A Mandatory meeting between the arborists and grading/trenching contractor(s)shall take place prior to work start. This activity shall be monitored by the arborist(s)to insure proper root prunmg is.tallcing place. 5. Grading Within The Drip Line. Grading should not encroach within the drip line unless authorized. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the " tree on a rapidly draining mound. 6. Exposed Roots: Any exposed roots-shall be re-covered the same day they were exposed. If they cannot,they must be covered with burlap or another suitable material and wetted down 2x per day until re-buried. 7. Paving Within The Drip Line: Perviousrfa _sucing is preferred within the drip line of any native tree. However,certainitu sations exist where pavers may not be " the best rnitigaticirAf the roadway is to be used for commercial"vehicles,the over- - excavation for the bas„sometimes exceeds'twenty four inches'r This excavation would remove the roots Non-commercial use of pavers is moreappropriate as the excavation is .much less. However,iaareas where the arborist feels the soil'is shallow,Paver installation will cause damage to the very roots beim protected. Pavers must be ;interlockinb with a intnimum of 10%void spacelackfilled with pea gravel Geo-textile 77, 10!07!05 PPN 2005-0185.Traffic way Parc MND.sm :�ar.__ _ ,__..�_.. >_ - . _ -_. 137 `r; u CITY OF ATASCADERO INITIAL STUDY Attachment 8 A&T Arborist Report fabric shall be permeable. The arborists would like to inspect the material prior to installation. If road surface encroachment can be limited to less than 25%of the drip line,pavers are not necessary. S. Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees,as this will contribute to soil compaction. Also there is to be no parking of equipment or personal vehicles in these areas. All areas behind fencing are off limits unless pre-approved by the arborist. 9. Existing Surfaces: The existing ground surface within the drip line of all oak trees shall not be cut,filled,compacted or pared,unless shown on the grading plans and approved by the arborist. 10. Construction Materials And Waste: No liquid or solid construction waste shall be dumped on the ground within the drip line of Any native tree. The drip line areas are not for storage of materials either. 11. Arborist Monitoring: An arborist shall be present for selected activities (trees identified on spreadsheet and items bul eted below). The monitoring does not necessarily have to be continuous but observational attimes during these activities. It is the responsibility of the owner(s)or their designee to inform us prior to these events so we can make arrangements to be present. It is the responsibility of the owner to contract (prior to construction)alocally licensed and insured arborist that will document all monitoring activities. « pre-construction fence placement w any utility or drainage trenching within any drip line « All grading and trenching near trees requiring monitoring on the spreadsheet 12. Pre-Constryctton'Meeting:`Anon-site pre-coAstrttetion meeting with the`; .Arborist(s),City,Officrals,:Planning Stath:,and the eaikrbovingAeam shall be requned for this project. Prior to finaloccupancy,a letter fromtfie arborist(s)shall be required verifying the health/condition of all impacted trees and,providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s)were on site for all grading and/or trenching activity that encroached into the drip line of the selected native trees,and that all.work done in these areas was'completed to the standards set forth above. 13. Pruning: 'Class 4 pruning includes-Crown reduction pruning shall consist of reduction of tops,'sides or individual limbs. A trained arborist shall perform all pruning. No pruning shall take more than 25%of the Iive crown of any native tree. Any trees that may need pruning for road/.home clearance shall be pruned prior to any grading activities to avoid any branch tearing 'Class 3 pruning includes-hazard pruning is recommended where safety considerations are paramount. This consists of removal of dead,diseased, decaying and obviously.weak branches 2 inches in diameter and greater. Class 2 pruning is recommended where aesthetic conditions are secondaryto structural integrity and tree 'health concerns. It shall consists of removal of dead dymg,'decaying,interfering, obstructing and weak�bran6es as well as selective fiiinfiffig to lesson wind resistance. ----_-- ------_-__ PPN 2005-0185.Traffic way Park MND.sm _ 10/07105 ---- -- ---- 138 CITY OF ATASCADERO INITIAL STUDY Attachment 8 A&T Arborist Report Class 1 pruning has emphasis on aesthetics with removal of dead,dying,decaying weal: branches and selective thinning to lesson wind resistance. 14. Landscape: All landscape under the drip-Iine shall be drought tolerant or native varieties. Lawns shall be avoided. All irrigation trenching shall be routed around drip lines;otherwise above ground drip-irrigation shall be used. It is the owner's responsibility to notify the landscape contractor regarding this mitigation. 15. Utility Placement: All utilities and sewer/storm drains shall be placed down the roads/driveways and when possible outside of the drip lines. The arborist shall supervise trenching within the drip line. All trenches in these areas shall he exposed by air spade or hand dug with utilities routed under/over the roots. Roots greater than 2 inches in diameter shall not be cut. 16. Fertilization and Cultural Practices: A-stheproject moves toward completion,the arborist(s)may suggest either fertilization and/or mycorrhiza applications that will benefit tree health. Mycorrhiza offers several benefits to the host plant, including faster growth,unproved nutrition,greater drought resistance,and protection from pathogens. . The included spreadsheet includes trees listed by number,species and multiple stems if applicable,diameter and breast height(4.5'),condition(scale from poor to excellent), status(avoided,impacted,removed,exempt),percent of drip line impacted,mitigation required(fencing,root pruning,monitoring),construction impact(trenching,grading), recommended pruning and individual tree notes. If all the above mitigation measures are followed,we feel there will be noadditional. long-term significant impacts tothe remaining native trees. Please let us know if we can be of any future assistance to you for this project. Steven G.Alvarez Certified ArboristJ"�'yWC 0511 Chip Tamagni` Certified Arborist ME 6436-A 10/07/05 PPN 2005-0185.Traffic Way Park MND.sm .139 _ - _ CITY OF RTAS CADERO INITIAL STUDY Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PPN 2005-0185 GP:Grading Perma PS:Panning Services 8P:Building Pemrl SS:Building Services T0:Temporary FD:Fre Department Occupancy PD:Police Department 5493, 5599 Traffic Way Fl:Final inspecWn CE:City Engineer F0:Final Occupancy CA City Ntomey PMWC:Water Cone. Mitigation Measure i.d.1: All lighting shall be designed to eliminate any BP Ps 1.d.1 off site glare. All exterior site lights shall utilize full cut-off,"hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 30-feet in height,limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas. Fixtures shall be shield cut-off type. Avoid wall mount fixtures at rear of building, except at exits. Mitigation Measure 3.b.1: The project shall be conditioned to comply BP BS/Ps 3.b.1 with all applicable District regulations pertaining to the control of fugitive dust(Pli as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers,graders,cranes,loaders, scrapers, backhoes,generator sets,compressors, auxiliary power units,with ARB certified motor vehicle diesel fuel(Non- taxed version suitable for use off-road). • Maximize to the extent feasible,the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction 1 equipment operating during any given time period. • Schedule of construction truck trips during non-peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading,demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 = mph. Reclaimed (non-potable)water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project - - re-vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. PPN 2005-0185.Traffic Way Park MND.sm 10/07/05 _ - - 140 �k- ` -7 ,WSuoe CITY OF ATASCADERO INITIAL STUDY Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PPN 2005-0185 GP.GradingPemvt PS:Panning Services BP Building Permit BS:Building Services TO:Tenporary FD:Five Department Occupancy PD:Police Deparhnent 5493, 5599 Traffic Way F:Final inspection CE,CiryEngineer Mr.Final Occupancy WW:Wastewater CA City Anomey AMWC:Water Comp. E. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binder,jute netting,or other methods approved in advance by the APCD. G. All roadways, driveways,sidewalks,etc,to be paved should be complete as soon as possible. In addition,building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. 1. All trucks hauling dirt,sand,soil,or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer)in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets,or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. A. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary,to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure Mitigation Measure 4.a.b.e.1: The mitigation measures in Attachment 5 BP BS/S 4.a.b.e.1 of the Proposed Mitigated Negative Declaration#2005-0050 shall be implemented. Mitigation Measure 4.a.b.e.2: In addition to the mitigation measures in BP BS/PS 4.a.b.e.2 Attachment 5,the project improvements sand/or vegetation removal shall not encroach beond the existing Atascadero Creek bank fence line. The site plan,grading and utility plans shall identify the existing fence line and to remain in place and.identified as limits of work to avoid any impacts to Atascadero Creek. Mitigation Measure 4.a.b.e.3: The project shall incorporate mitigation measures 1 —16 as cited from the A&T Arborist Report,dated 9/08/05. -. Mitigation Measure 4.a.b.e.4: The project shall incorporate mitigation measures that recommend redesigning around tree#25 and#26 in the _ - swim complex area;tress#29,30, 31,37,and 38 within the parking lot j -- -south of the recreation areas;and tree#71 which is a native sycamore _ tree that was not originally surveyed. In addition,most of the young oak - - _tress in the greenbelt along Traffic Way were not originally surveyed an shall remain undisturbed by the project;and baseball diamonds shall be adjusted to retain the young oak trees in the outfield of B, as cited from _ . -- PPN 2005-0185Jraffic Way Park MND.sm 10/07/05 ��. CITY OF ATASCADERO INITIAL STUDY Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program (Monitoring Measure PPN 2005-0185 GP:GradingPemnd PS:Planning Services BP.Building Permit BS:Budding Services TO:Temporary FD:Fire Department Occupancy PD:Podce Department 5493, 5599 TraWic Way Fl:Finalsspection W wa egin er F0:Fnal Occupancy CA City Attorney AMWC:Water Corp. the A&T Arborist Report,dated 9108105. Mitigation Measure 4.e.1: The site/grading plan shall identify all tree BP/GP BS/PS 4.e.1 protection and enhancement measures recommended by a Certified Arborist in the Tree Protection Plan.Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: Grading and excavation and grading work BP/GP BS/PS 4.e.2 shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4-foot chain link,snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal Mitigation Measure 5.b.1: Archaeologial monitoring of the demolition of BP/GP BS/PS 51.1 the existing City of Atascadero Public Works Corporation yard and neighboring Traffic Way Park. In the event that prehistoric cultural resources are encountered,work will be halted in the specific area until archaeological protocol is complete. Mitigation Measure 5.b.2: Conduct a Phase II archaeological test to BP/GP BS/PS 5.b.2 determine the presence/absence of subsurface resources. Different areas of the subject property shall be systematically samples,and all recovered materials shall be thoroughly processed, identified,and analyzed. Mitigation Measure 5.b.3: if Phase II testing shows.that significant BP/GP . BS/PS 5.b.3 resources do exist then aPhase III mitigation plan shall be prepared to deal with expected impacts. The project archaeologist will work with project planners to minimize adverse impacts and preserve archaeological resources. Mitigation Measure 6.b.2: The grading permit application plans shall BP/GP BS/PS 61.2 include erosion control measures to prevent soil,dirt,and debris from entering the storm drain system during and after construction. A _ separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit - application. _ Mitigation Measure 6.c.d.1: A soils report shall be required to be BP/GP BS/PS 6.c.d.1 submitted with a building permit by the building department.The,building - --- -- _. PPN 2005-0185.Traffrc Way Park MND.sm _-10107105 - _ _142 _ A� CITY OFATASCADERO INITIAL STUDY Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PPNt 2005-0185 GP Grading Penat PS:Planning Services BP:Building Pemrt BS:Building Services TO:Tenwrary FD:Fee DepaNnent Occupancy PD:Police Depanment 5493, 5599 Traffic Way Fl:Final inspeclbn CECity engineer F0:Final Occupancy WW:Wastewater CA:City Anomey AMWC:Water Comp. plans will be required to follow the recommendations of the soils report. Mitigation Measure 7.c.d.1: Conduct a risk assessment to evaluate the BP/GP BS/Ps 7.c.d.1 potential effects of the residual chemicals detected in shallow soils underlying the site to human health using appropriate regulatory guidance. Mitigation Measure 7.c.d.2: Based on the risk assessment findings, BP/GP BS/PS 7.c.d.2 prepare a work plan to excavate impacted soils to acceptable regulatory levels. Mitigation Measure 7.c.d.3: After soils have been excavated and BP/GP BS/PS 7.c.d.3 properly disposed of,forward all data to the San Luis Obispo County Environmental Health Department and request site closure. Mitigation Measure 7.c.d.4 Per the findings of the Asbestos and lead- BP/GP BS/PS 7.c.d.4 based paint survey,prepared by ATC(Phase II Environmental Site Assessment),suspect asbestos-containing materials and limited lead XRF materials both inteior and exterior as identified at the project site shall be removed and mitigated per all local,State and Federal regulations. Mitigation Measure 7.c.d.5 Disturbances greater than 1 acre: BP/GP BS/PS 7.c.d.5 Naturally.Occurring Asbestos(NOA)has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM)for Construction,Grading, Quarrying,and Surface Mining Operations,prior to any grading activities at the site,the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If naturally occurring asbestos is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction,Grading, Quarrying, and Surface Mining Operations. These requirements may include but are not limited to 1)an Asbestos Dust Mitigation Plan which. must be approved by the District before construction begins,and 2)an Asbestos Health and Safety Program will also be required for some projects. Mitigation Measure 8.e.f.1: BP/GP BS/PS/CE 8.e.f.1 - 1. Provide biofiltration of irrigation runoff (nuisance water) and small stormwater flows. • Slope ball fields toward the biofiltration zone, and away from the creek channel. -- a Enhance existing drainage swale to create a wide bottom and shallow gradient. Create grass swale (waterway). Vegetate swale with monocots that require little maintenance and low or no PPN 2005-0185.Traffrc Way Park MNDsm 10/07/05 =143 CITY OT ATASCADER(O INITIAL STUDY Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PPN 2005-0185 GP:GradingPemd PS:Planning Services BP:Building Periril BS:Building Services T0:Terrporary FD:Fre Departrnent Occupancy PD:Police Department 5493, 5599 Traffic Way Ft:Final inspection Cit Engineer Final al Occupancy WW: CA City Attorney AMWC:Water Corry. fertilizer (e.g. No-mow fescues: Festuca rubra and F. ovina varieties). Follow NRCS practice standard #412. • When velocities exceed 10 ft./sec, the waterway shall be designed in accordance with NRCS practice standard#468, lined waterway or outlet. • Design objectives of grass swale shall include: i. Reduce hydrologic regime alterations ii. Reduce impacts to receiving channel iii. Enhance infiltration iv. Reduce pollutant discharges (sediment, nutrients,pesticides) 2. Stormdrain drop inlets in parking areas will be outfitted with fossil filtration systems. ■ Stormdrain filters shall be maintained i. after the first storm of the rainy season, and ii. at least three additional times per rainy season. Mitigation Measure 11.d.1: All construction activities shall comply with BP BS/PS 11.4.1 the City of Atascadero Noise Ordinance for hours of operation. Mitigation Measure 13.1 Fire sprinklers shall be included with the BP BS/PS/Fire 13.1 construction of the new buildings PPN 2005-0185.Traffic Way Park MNDsm ---- 10/07/05 - _ 144 CITY OF RTAS CADERO INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards&Hazardous ❑ Hydrology/Water Quality ❑ Land Use/Planning Materials ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a"potentially significant effect"or"potentially significant unless mitigated"impact on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment,there WILL NOT be a significant effect in this case because all potentially significant effects(a)have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and(b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, incl ud' g revisi s or mitigation measures that are imposed upon the proposed project. V'e McHarris - uty Community Development Director PPN 2005-0185.7raffic Way Park MNDsm - - 10/07/05 _-145- CITY OF ATASCADE gC INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except"No Impact" answers that are adequately supported by the information sources a Lead Agency cites following each question, A"No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved(e.g.the project falls outside a fault rupture zone). A"No Impact" answer should be explained where it is based on project-specific factors as well as general standards(e.g.the project will not expose sensitive receptors to pollutants,based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site,cumulative as well as project-level,indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made,an EIR is required. 4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from"Potentially Significant Impact" to a"Less than Significant Impact." The Lead Agency must describe the mitigation measures,and briefly explain how they reduce the effect to a less than significant level(mitigation measures from Section XVII, "Earlier Analyses,"may be cross-referenced). 5) Earlier analyses may be used where,pursuant to the tiering,program EIR, or other CEQA process,an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead Agencies are encouraged to incorporate into the checklist references information sources for potential impacts(e.g.general plans,zoning ordinances). Reference to a previously prepared or outside document should,where appropriate,include a reference to the page or pages where the statement is substantiated. A source list should be attached. Other sources used or individuals contacted should be cited in the discussion. _ - 10/07/05 _. - PPN 2005-0185.Traffic Way Park MND.sm - ---146 CITY OF ATASCADERO INITIAL STUDY Initial Study 2005-0050 Potentially Less Than Less Than No Significant Significant with Significant Impact PPN 2005-0185 Impact Mitigation Impact 5493, 5599 Traffic Way Incorporation LAESTHETICS--Would the project: a)Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ VMN b)Substantially damage scenic resources, including, but not ❑ Ellimited to,trees,rock outcroppings,and historic buildings within a state scenic highway? c)Substantially degrade the existing visual character or ❑ El Elquality of the site and its surroundings? d)Create a new source of substantial light or glare that ❑ El ❑ would adversely affect day or nighttime views in the area? SOURCES: Project Description;Traffic Way Park Expansion and Recreation Center Master Plan, David Volz Design, Landscape Architects and Park Planners; Biological Report for Traffic Way Park and Youth Center,Althouse and Meade, Inc.;Traffic Way Park Tree Protection Plan,A&T Arborists. DISCUSSION: 1.a. The proposed project does not obscure a scenic vista. In fact,the project will replace the City corporation yard with a public accessible facility. 1.b. The proposed project will not substantially damage scenic resources. Native trees in the construction area will be mitigated according to the Atascadero Native Tree Ordinance. The project site is not near a state scenic highway and does not contain an historic structure.The project site will not disturb any rock outcroppings. 1.c. The proposed residence is an infill development and will remain within the character of the surrounding area. The proposed improvements have been professionally designed as an expansion of Traffic Way Park. Park improvements are designed to be compatible with the existing park and adjacent uses. 1.d.Proposed lighting will be for parking areas and pedestrian walkways. No sports field lighting is proposed. On-site lighting will not result in day or nighttime views in the area. Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off,"hooded"lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 30-feet in height,limit intensity to 2.0 foot candles at ingress/egress,and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas. Fixtures shall be shield cut-off type. Avoid wall mount fixtures at rear of building, except at exits. 2.AGRICULTURAL RESOURCES: In determining whether .impacts to agricultural resources are significant environmental effects,lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997)prepared by the California Dept.of Conservation as an optional model to use in assessing impacts on agriculture and farmland.Would the project: a)Convert Prime Farmland, Unique Farmland,or Farmland ❑ ElofStatewide Importance(Farmland),as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non- agricultural use? b)Conflict with existing zoning for agricultural use,or a Williamson Act contract? ❑ ❑ ❑ VN c) Involve other changes in the existing environment which, 10!07/05 Page 15 PPN 2005.0185.Traffic Way Park biNDsm - 147 - . CITY OFATASCADERO MTIAI,STUDY Initial Study 2005-0050 Potentially Less Than Less Than I No Significant Significant with Significant Impact PPN 2005-0185 Impact Mitigation Impact Incorporation 5493, 5599 Traffic Way due to their location or nature;could result in conversion of El EI El F71 Farmland,to non-agricultural use? SOURCES: Land Use Element EIR. DISCUSSION 2.a. The property is not shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency as prime farmland. 2.b. The property is not under a Williamson Act contract. 2.c. The project will not result in the conversion of farmland to non-agricultural uses. 3.AIR QUALITY--The significance criteria established by the Air Quality Control District in its CEQA Guidelines may be relied upon to make the following determinations.Would the project: a)Conflict with or obstruct implementation of the applicable air quality plan? b)Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c)Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard(including releasing emissions that exceed quantitative thresholds for ozone precursors)? d)Expose sensitive receptors to substantial pollutant El E concentrations? e)Create objectionable odors affecting a substantial number E of people? SOURCES:Air Pollution Control District(APCD)CEQA Air Quality Handbook; Project Description;Traffic Way Parc Expansion and Recreation Center Master Plan, David Volz Design, Landscape Architects and Park Planners; Human Health Assessment, Mearns Consulting Corporation. DISCUSSION: 3.a.b.c.) It is not anticipated that construction activities will have a significant effect on air quality. Emissions generated from construction equipment are expected to be temporary and short term. Construction activities, including site grading, may produce small quantities of air pollution,including dust and equipment exhaust. The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM-10)as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. 3.d.)The construction of a community park will not concentrate pollutants. 3.e.)The construction of a community park will not create objectionable odors. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust(PM-10) as contained in sections 6.3,6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. 10/07/05`' Page 16 PPN 2005-0185.Traffic Way Park MND.sm 148 --- CITY OF ATASCADERO INITIAL STUDY Initial Study 2005-00550 Potentially Less Than Less Than No Significant Significantwith Significant Impact PPN 2005-0185 Impact Mitigation Impact 5493, 5599 Traffic Way Incorporation • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers,graders, cranes, loaders, scrapers, backhoes,generator sets,compressors, auxiliary power units,with ARB certified motor vehicle diesel fuel (Non-taxed version suitable for use off-road). • Maximize to the extent feasible,the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non-peak hours to reduce peak hour emissions. • Limit the length of the construction workday period,if necessary. • Phase construction activities,if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading,demolition and building plan notes: L. Reduce the amount of the disturbed area where possible. M. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed(non- potable)water should be used whenever possible. N. All dirt stockpile areas should be sprayed daily as needed. O. Permanent dust control measures identified in.the approved project re-vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. P. Exposed ground areas that.are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established. Q. All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binder,jute netting,or other methods approved in advance by the APCD. R. All roadways,driveways,sidewalks, etc,to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. S. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. T. All trucks hauling dirt,sand,soil,or other loose materials are to be covered or should maintain at least two feet of freeboard(minimum vertical distance between top of load and top of trailer)in accordance with CVC Section 23114. U. Install wheel washers where vehicles enter and exit unpaved roads onto streets,or was off trucks and equipment leaving the site. V. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. W. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering,as necessary,to prevent transport of dust off site. The name and telephone number of such ' persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance i for finish grading of any structure. i I 4. BIOLOGICAL RESOURCES--Would the project: a)Have a substantial adverse effect, either directly or .. F7 El through habitat modifications,on any species identified as a El V\J candidate,sensitive,or special status species in local or regional plans, policies,or regulations,or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b)Have a substantial adverse effect on any riparian habitat 10/07/05 -.; ____Page 17 PPN 2005-N85.Traffic Way Park MND.sm CITY OF ATASCADERG INITIAL STLII➢Y Initial Study 2005-0050 Potentially Less Than Less Than No Significant Significant with Significant Impact PPN 2005-0185 Impact Mitigation Impact 5493, 5599 Traffic Way Incorporation or other sensitive natural community identified in local or regional plans, policies,or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c)Have a substantial adverse effect on federally protected El El El E wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh,vernal pool,coastal, etc.)through direct removal,filling,hydrological interruption, or other means? d)Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with F El F LEI established native resident or migratory wildlife corridors,or impede the use of native wildlife nursery sites? e)Conflict with any local policies or ordinances protecting biological resources,such as a tree preservation policy or ordinance? f)Conflict with the provisions of an adopted Habitat LS Conservation Plan, Natural Community Conservation Plan, or other approved local, regional,or state habitat conservation plan? SOURCES: Project Description;Traffic Way Park Expansion and Recreation Center Master Plan, David Volz Design, Landscape Architects and Park Planners; Biological Report for Traffic Way Park and Youth Center,Althouse and Meade, Inc.; Phase I Environmental Site Assessment, Komex; Phase II Environmental Site Assessment,ATC Associates, Inc.;Traffic Way Park Tree Protection Plan,A&T Arborists. DISCUSSION: 4.a. No rare plants and eight special status animals have the potential to occur on the property. No rare plants or special status animals were documented on the property during surveys in the summer of 2005. 4.b. The project site consists of two habitats:riparian and anthropogenic. 4.c. There are no wetlands on the project site. 4.d. The Land Use Element EIR concludes that development within the city limits will not have a significant impact on wildlife or wildlife corridors. 4.e. The City of Atascadero requires native trees on the property be protected when possible and mitigated for if damaged or removed. 4.f. The project does not conflict with any existing habitat conservation plan, Natural Community Conservation Plan, or other approved local,regional,or state habitat conservation plan. Mitigation Measure 4.a.b.e.1: The mitigation measures in Attachment 5 of the Proposed Mitigated Negative Declaration#2005-0050 shall be implemented. Mitigation Measure 4.a.b.e.2: In addition to the mitigation measures in Attachment 5,the project improvements sand/or vegetation removal shall not encroach beond the existing Atascadero Creek bank fence line. The site plan, grading and utility plans shall identify the existing fence line and to remain in place and identified as limits of work to avoid any impacts to Atascadero Creek. Mitigation Measure 4.a.b.e.3: The project shall incorporate mitigation measures 1 -16 as cited from the A&T Arborist Report,dated 9/08/05. Mitigation Measure 4.a.b.e.4: The project shall incorporate mitigation measures that recommend redesigning around tree#25 and#26 in the swim complex area;tress#29,30, 31, 37,and 38 within the parking lot south of the recreation areas; and tree#71 which is a native sycamore tree that was not originally surveyed. In addition,most of the young- 10107105 oung _10!07!05 ` Page 18 PPN 2005.0185.Traffic Way Park MND.sm _. --- - 150 =__: -:r- t CITY OFATASCADERO INITIAL STUDY Initial Study 2005-0050 Potentially Less Than Less Than No Significant Significant with Significant Impact PPN 2005-0185 Impact Mitigation Impact 5493, 5599 Traffic Way Incorporation oak trees in the greenbelt along Traffic Way were not originally surveyed an shall remain undisturbed by the project; and baseball diamonds shall be adjusted to retain the young oak trees in the outfield of B,as cited from the A&T Arborist Report, dated 9/08/05. Mitigation Measure 4.e.1: The site/grading plan shall identify all tree protection and enhancement measures recommended by a Certified Arborist in the Tree Protection Plan.Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: Grading and excavation and grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4-foot chain link,wire mesh with T-posts or similar sturdy fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 5. CULTURAL RESOURCES--Would the project: a)Cause a substantial adverse change in the significance of a historical resource as defined in'15064.5? El El El b)Cause a substantial adverse change in the significance of El ® E ❑ an archaeological resource pursuant to'15064.5? c)Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? El El L�l d)Disturb any human remains,including those interred El0 ❑ outside of formal cemeteries? VN SOURCES: Project description; Land Use Element EIR.Traffic Way Park Expansion and Recreation Center Master Plan, David Volz Design, Landscape Architects and Park Planners; Phase I Cultural Resources Survey, Central Coast Archaeology;Phase I Environmental Site Assessment, Komex. DISCUSSION: 5.a.b.c.d. No known historical,archeological or cultural sites have been found ound or documented in the vicinity of the project. The 1926 and 1931 Sanborn maps identify the project site as"Administration Park". Historical aerial photographs from 1937 through present time indicate that the site had been vacant until through 1937. Mitigation Measure 5.b.1: Archaeological monitoring of the demolition of the existing City of Atascadero Public Works Corporation yard and neighboring Traffic Way Park. In the event that prehistoric cultural resources are encountered, work will be halted in the specific area until archaeological protocol is complete. Mitigation Measure 5.b.2: Conduct a Phase II archaeological test to determine the presencelabsence of subsurface resources. Different areas of the subject property shall be systematically samples,and all recovered materials shall be thoroughly processed,identified,and analyzed. Mitigation g n Measure 5.b.3: If Phase II testing shows that significant resources do exist then a Phase III mitigation plan shall be prepared to deal with expected impacts. The project archaeologist will work with project planners to minimize __. adverse impacts and preserve archaeological resources. 10/07/05 Page 19 PPN 2005-0185.TracWay ParkMND.sm_. 151 ffi CITY OFATASCADERO INITIAL STUDY Initial Study 2005-0050 Potentially Less Than Less Than No Significant Significant with Significant Impact PPN 2005-0185 Impact Mitigation Impact 5493, 5599 Traffic Way Incorporation 6. GEOLOGY AND SOILS --Would the project: 77�1 a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury,or death involving: I)Rupture of a known earthquake fault, as delineated 17 on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii)Strong seismic ground shaking? 17 iii)Seismic-related ground failure,including 17 liquefaction? VQ iv)Landslides? VIIJ b)Result in substantial soil erosion or the loss of topsoil? r7l El C)Be located on a geologic unit or soil that is unstable,or El El that would become unstable as a result of the project,and potentially result in on-or off-site landslide, lateral spreading,subsidence,liquefaction or collapse? d)Be located on expansive soil,as defined in Table 18-1-B of the Uniform Building Code(1994),creating substantial risks to life or property? e)Have soils incapable of adequately supporting the use of El El 1:1 D21 septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? SOURCES: Project description; Land Use Element EIR;Traffic Way Park Expansion and Recreation Center Master Plan, David Volz Design, Landscape Architects and Park Planners. DISCUSSION: 6.a. The project is not located on any known earthquake faults. 6.b. Construction activities on the site will be required to comply with sedimentation and erosion control measures prescribed by the City Engineer. 6.c.d.e Soil conditions will be reviewed during building permit review in accordance with the municipal code. A soils report shall be required for submittal with a future building permit by the building department.The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings.The property contains no unusual geological formations. Mitigation Measure 6.b.1: If any cut and fill slopes are required,they shall be hydro seeded with an appropriate erosion control method(erosion control blanket,hydro-mulch,or straw mulch appropriately anchored)immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean up of any mud or debris that is tracked onto public streets by construction vehicles. 10/07/05 _ Page 20 PPN 2005-0185.Traffic Way Park MNDsm -152 - CITY OF ATASCADERO INITIAL STUDY Initial Study 2005-00550 Potentially Less Than Less Than No Significant Significant with Significant Impact PPN 2005-0185 Impact Mitigation Impact 5493, 5599 Traffic Way Incorporation Mitiaation Measure 6.b.2: The grading permit application plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.d.1: A soils report shall be required to be submitted with a building permit by the building department.The building plans will be required to follow the recommendations of the soils report. 7. HAZARDS AND HAZARDOUS MATERIALS--Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use,or disposal 0 1Z 11 of hazardous materials? b)Create a significant hazard to the public or the environment through reasonably foreseeable upset and El [E211 El accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials,substances,or waste within one El - quarter mile of an existing:or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government IF1 F1 1-1 Code Section 65962.5 and,as a result,would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan area or,where such a plan has not been adopted,within two El 11 El 1V71J miles of a public airport or public use airport,would the project result in a safety hazard for people living or working in the project area? f) For a project within the vicinity of a private airstrip,would the project result in a safety hazard for people living or working in the project area? g) Impair implementation of or physically interfere with an El 0 11 IM adopted emergency response plan or emergency evacuation plan? h)Expose people or structures to a significant risk of loss, injury or death involving wildland fires,including where El El Vm\J wildiands are adjacent to urbanized areas or where residences are intermixed with wildlands? SOURCES: Project description;General Plan Land Use Element;Traffic Way Park Expansion and Recreation Center Master Plan,David Volz Design, Landscape Architects and Park Planners;Human Health Assessment, Mearns Consulting Corporation; Phase I Environmental Site Assessment, Komex;Phase 11 Environmental Site Assessment, ATC Associates, Inc.;Traffic Way Park Tree Protection Plan,A&T Arborists. DISCUSSION _ 7a.b.The project will not create a public hazard due to the transport,disposal,or release of hazardous materials. 7.c Naturally occurring asbestos may be exist on site. In addition,similar hazards have been identified in the Phase 10/07/05 __ Page 21 PPN 2005 0185.Traffic Way Park MNDsm - =153 - • CITY OF ATASCADERO INITIAL STUDY Initial Study 20.05-0050 Potentially Less Than Less Than No Significant Significant with Significant Impact PPN 2005-0185 Impact Mitigation Impact 5493, 5599 Traffic Way Incorporation II Environmental Site Assessment related to buildings identified for demolition. Without mitigation,the emission of asbestos may be hazardous to human health. Mitigation measures have been included to reduce potential impacts to a level of insignificance. 7.d. Past uses for the site include the location of a 500 gallon gas tank and historic use of the site as a sewage treatment plant.There is also a presence of buildings constructed prior to 1980,which may contain asbestos. The site is currently operating as a city park facility and a city maintenance corporation yard. The City park has historically been designated and utilized as a public park. The skate park(metal building and adjacent paved parking was formerly owned and operated by Atascadero hay and feed. The City corporation yard was historically operated as the sewage treatment plant for the City from 1937 to 1983. Infrastructure associated with the sewage treatment process is currently on the property(e.g.clarifiers,aeration tank, effluent catch basin). Other sewage treatment plant features(bio-solids or sludge beds)were buried in place. Currently,the property functions as the City sewer lift station and Public Works yard. An emergency over flow catch basin,or current effluent catch basin for the sewer lift station exists on the northern portion of the property. The corporation yard includes a main office (500 square feet);a mobile trailer office (300 square feet); pump house(300 square feet); paint shop(converted clarifier,600 square feet); maintenance shop(1,500 square feet)and Dial-A-Ride vehicle storage shed(2,000 square feet). The sewage lift station consists of a pump house,turbine,a water AST,and a emergency unlined catch basin. Based on the Phase II Environmental Site Assessment, no further soil assessment is warranted at this time. However, mitigation measures have been included for other risk assessment aspects of the project as identified below. The phase two environmental site assessment concludes the following: Groundwater was not encountered.in any of the soil boreholes.The maximum depth of exploration was 20 feet bgs. Soils generally consisted of silt. Disturbed soils and fill material was observed in several boreholes from approximately 1 to 5 feet bgs. Darker colored soils were observed in boreholes B-5, B-5A, and B-513. Soil samples collected as part of the former UST investigation from boreholes B-6, B-7,and B-8 did not have detectable concentrations of TPH,VOCs(including fuel oxygenates)and metals concentrations appeared to be consistent with background concentrations and are below applicable Residential PRGs. Native soils were observed in boreholes B-6, B-7,and B-8. It was reported that the UST was removed sometime in the early 1980s.The State or County did not regulate UST removals during this time. Soil samples collected as part of the historic sewage treatment plant are discussed below. • Soil samples did not have detectable concentrations of TPH,VOCs(including fuel oxygenates),phenols and chlorinated pesticides. • Metals concentrations appeared to be consistent with background concentrations and are below applicable Residential PRGs (see Site Assessment,Table 2). • Fecal coliform was not present at a detectable concentration in any of the soil samples analyzed..Total coliform and enterococcus were detected in several soil samples at concentrations near their respective PQL. Enterococcus was detected in a background soil sample at a concentration similar to that of soil samples with detectable concentrations.Total coliform was not detected in the background soil samples.No regulatory criteria exist for total coliform,fecal coliform and enterococcus in soil. Based on discussions with the analytical laboratory, Creek Environmental,concentrations for the selected microbiological parameters in soil appeared to be low and non-significant. • Numerous organic constituents were detected and several(i.e. aroclor 1260 and benzo(a)pyrene)are included in the State's Proposition 65 list of known cancer-causing chemicals.Table 3 shows detected organic constituents and their applicable Residential PRG. • Ploycylic aromatic hydrocarbons(PAHs)were detected at relatively low concentrations in shallow soil samples collected from boreholes(B-2, B-3,and B-5)were fill materials(including asphaltic material)were encountered. None of the detected PAHs exceeded their respective PRG with exception to benzo(a)pyrene. Samples B-5/1, B-3A/1, and B-5A/5 had a concentration of 0.2 mg/kg and the Residential PRG is 0.062.The vertical and lateral extents of detectable PAHs are sufficiently delineated. • Chlorinated pesticides 4,4'-DDD,4,4'DDE,a-chlordane, and g-chlordane were detected in samples collected from boreholes TMW-1 and TMW-1 B.Concentrations of these chlorinated pesticides were several orders of magnitude below their respective Residential PRGs.The vertical and lateral extents of detectable chlorinated - - —-- - pesticides are sufficiently delineated. _. -10107/05 - Page 22 PPN 2005-0185.Traffic Way Park MNDsm - 154 CITY OF ATASCADERO INITIAL STUDY Initial Study 2005-0050 Potentially Less Than Less Than No Significant Significant with Significant Impact PPN 2005-0185 Impact Mitigation Impact 5493, 5599 Traffic Way Incorporation • The PCB aroclor 2360 was detected in shallow soil samples from boreholes TMW-1, B-3A, B-3B, B-3D,and B-5. Concentrations ranged from 0.02 (TMW-1/5)to 0.9 (B-3A/1)mg/kg.The Residential PRG for aroclor 1260(0.22 mg/kg)was exceeded by samples B-3A/1 (0.9 mg/kg)and B-313/1 (0.6 mg/kg).The vertical and lateral extent of detectable aroclor 1260 is sufficiently delineated. 7e.f. The property is not near an airport. 7g.h.The site is within the Fire Department's five minute or less response area. During building permit review,the fire department will verify appropriate fire hydrant locations. Mitigation Measure 7.c.d.1: Conduct a risk assessment to evaluate the potential effects of the residual chemicals detected in shallow soils underlying the site to human health using appropriate regulatory guidance. Mitigation Measure 7.c.d.2: Based on the risk assessment findings, prepare a work plan to excavate impacted soils to acceptable regulatory levels. Mitigation Measure 7.c.d.3: After soils have been excavated and properly disposed of,forward all data to the San Luis Obispo County Environmental Health Department and request site closure. Mitigation Measure 7.c.d.4 Per the findings of the Asbestos and lead-based paint survey, preapred by ATC(Phase II Environmental Site Assessment),suspect asbestos-contining materials and limited lead XRF materials both inteior and exterior as identified at the project site shall be removed and mitigated per all local,State and Federal regulations. Mitigation Measure 7.c.d.5 Disturbances greater than 1 acre: Naturally Occurring Asbestos (NOA)has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure(ATCM)for Construction, Grading,Quarrying,and Surface Mining Operations,prior to any grading activities at the site,the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If naturally occurring asbestos is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction,Grading, Quarrying,and Surface Mining Operations. These requirements may include but are not limited to 1)an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins,and 2)an Asbestos Health and Safety Program will also be required for some projects. 8. HYDROLOGY AND WATER QUALITY--Would the project:- a)Violate any water quality standards or waste discharge requirements? b)Substantially deplete groundwater supplies or interfereEl El E 17 substantially with groundwater recharge such that there V 14 would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g.,the production rate of previously-existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c)Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river,in a manner which would result in substantial erosion or siltation on-or off-site? - d)Substantially alter the existing drainage pattern of the site or area,including through the alteration of the course of a IvEli 10/07/05 Page 23 PPN 2005-018S.Traffic Way Park MNDsm 155_ - ' CITY OF ATASCADERO INITIAL STUDY Initial Stud 2005-0050 Potentially Less Than Less Than No Study Significant Significant with Significant Impact PPN 2005-0185 Impact Mitigation Impact Incorporation 5493, 5599 Traffic Way stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on-or off-site? e)Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems El V\J or provide substantial additional sources of polluted runoff? f)Otherwise substantially degrade water quality? g)Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h)Place within a 100-year flood hazard area structures that 0 ZZI would impede or redirect flood flows? i)Expose people or structures to a significant risk of loss, El El El ZZ injury or death involving flooding,including flooding as a result of the failure of a levee or dam? j) Inundation by seiche,tsunami,or mudflow? El E description;SOURCES: Pro1' tion; Flood Insurance Rate Map 060700 0004 B;Traffic Way Park Expansion and P Recreation Center Master Plan,David.Volz Design. DISCUSSION: 8a. The construction will not violate water quality standards. 8b. The project will not deplete ground water supplies. Water will be provided by Atascadero Mutual Water Company. 8c.d.e.f. All cut and fill during construction shall be subject to review for compliance with City drainage and grading regulations. Drainage will not be permitted to create or intensify any hazards for persons or property in the vicinity. Park improvements will include a variety if impervious and highly pervious surfaces throughout the project site. Mitigation measures have been incorporated to address any potential increase in storm water runoff from the project site. 8.g.h.i. Park structures will be outside of the 100-year flood hazard area. 8.j. The project area is not subject to innundation by a tsunami. 3. Mitigation Measure 8.e.f.1: Provide biofiltration of irrigation runoff (nuisance water) and small stormwater flows. • Slope ball fields toward the biofiltration zone,and away from the creek channel. ■ Enhance existing draina9e Swale to create a wide bottom and shallow.gradient. ■ Create grass Swale (waterway). Vegetate Swale with monocots that require little maintenance and low or no fertilizer (e.g. No-mow fescues Festuca rubra and F. ovina varieties). Follow NRCS practice standard#412. ■ When velocities exceed 10 ft./sec, the waterway shall be designed in accordance with MRCS practice standard#468,lined waterway or outlet. ■ Design objectives of grass swale shall include: i. Reduce hydrologic regime alterations ii. Reduce impacts to receiving channel iii. Enhance infiltration iv. Reduce pollutant discharges(sediment,nutrients,pesticides) Stormdrain drop inlets in parking areas will be outfitted with fossil filtration systems. ■ Stormdrain filters shall be maintained i. after the first storm of the rainy season, and ii. at least three additional times per rainy season. 70107/05 Page 24 PPN 2005-0185Jraffic Way Park MND.sm 156- CITY OF ATASCADERO INITL4L STUDY e Initial Study 2005-0050 Potentially Less Than Less Than No - Significant Significant with Significant Impact PPN 2005-0185 Impact Mitigation Impact 5493, 5599 Traffic Way Incorporation 9. LAND USE AND PLANNING-Would the project: a)Physically divide an established community? ❑ ❑ ❑ b)Conflict with any applicable land use plan, policy,or ❑ ❑ Elregulation of an agency with jurisdiction over the project (including, but not limited to the general plan,specific plan, local coastal program,or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c)Conflict with any applicable habitat conservation plan or ❑ ❑ EDnatural community conservation plan? VN SOURCES: Land Use Element;Circulation Element; Land Use Element EIR;Project Description;Traffic Way Park Expansion and Recreation Center Master Plan, David Volz Design, Landscape Architects and Park Planners;Phase I Environmental Site Assessment,Komex. DISCUSSION: 9.a. The project will not physically divide an established community. A single-family residence is consistent and compatible with the surrounding neighborhood. 9.b.The General Plan identifies Traffic WayPark as a Community Park land use designation. The site is currently operating as a city park facility and a city maintenance corporation yard. The City park has historically been designated and utilized as a public park. The skate park(metal building and adjacent paved parking was formerly owned and operated by Atascadero hay and feed. The City corporation yard was historically operated as the e treatment sewage plant for the City from 1937 to 1983. Infrastructure associated with the sewage treatment - g eatment process is currently on theroe e. .clarifiers aeration tank P P r1Y( 9 � , effluent catch basin). Other sewage tr eat mentP lant features (bio-solids or sludge beds)were buried in place. Currently,the property functions as the City sewer lift station and Public Works yard. An emergency enc g y over flow catch basin,or current effluent catch basin as n for the sewer Ilft station exists - on the northern portion of the property. The corporation yard includes a main office(500 square feet);a mobile trailer office(300 square feet);pump house(300 square feet); paint shop(converted clarifier, 600 square feet);maintenance shop(1,500 square feet)and Dial-A-Ride vehicle storage shed(2,000 square feet). The sewage lift station consists of a pump house,turbine,a water AST,and a emergency unlined catch basin. 9.c.The project is consistent with the open space and conservation policies identified in the General Plan. Per } General Plan Goal LOC 12,the project provides a wide range of recreational activities and leisure experiences for all I age groups,designed to foster a healthy community for residents and visitors. a 10. MINERAL RESOURCES--Would the project: a)Result in the loss of availability of a known mineral ❑ ❑ ❑ resource that would be of value to the region and the residents of the state? = i b)Result in the loss of availability of a locally-important ❑ El VN mineral resource recovery site delineated on a local general plan,specific plan or other land use plan? SOURCES: Project description. = 1 10/07/05- - Page 25 PPN 2005-0185.Traffic Way Park MNDam 157 - - ^� CITY OF ATASCADERC INITIAL STUDY Initial Stud 205-�0�6 Potentially Less Than Less Than No Study Significant Significantwith Significant Impact PPN 2005-0185 Impact Mitigation Impact Incorporation 5493, 5599 Traffic Way DISCUSSION: 10.a.b. No mining is proposed as a part of this project. No known mineral resources have been identified in the area. 11. NOISE—Would the project result in: _71 a)Exposure of persons to or generation of noise levels in El D El V\4 excess of standards established in the local general plan or noise ordinance,or applicable standards of other agencies? b)Exposure of persons to or generation of excessive El 0 ground-borne vibration or ground-borne noise levels? c)A substantial permanent increase in ambient noise levels ® F in the project vicinity above levels existing without the project? d)A substantial temporary or periodic increase in ambient 117 noise levels in the project vicinity above levels existing without the project? e)For a project located within an airport land use plan or, El where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? f)For a project within the vicinity of a private airstrip,would EJ E O the project expose people living or working in the project area to excessive noise levels? SOURCES: Project description; Noise Element; Noise Ordinance;Acoustical Design Manual;Traffic Way Park Expansion and Recreation Center Master Plan, Landscape Architects and Park Planners. DISCUSSION: 11 a.b.c.d.)Construction is expected to involve some heavy machinery and use of impact tools that make noise. Noise levels on the site are thus expected to be raised temporarily. The future park construction is not expected to generate unacceptable levels of noise. 11.e.f.) The project is not located within an airport land use plan or private airstrip. Mitigation Measure 11.d.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. 12.POPULATION AND HOUSING --Would the project: a)Induce substantial population growth in an area,either El E E [2,_]- directly(for example,by proposing new homes and businesses)or indirectly(for example,through extension of roads or other infrastructure)? - b) Displace substantial numbers of existing housing, E ❑ necessitating the construction of replacement housing elsewhere? - - c)Displace substantial numbers of people,necessitating the construction of replacement housing elsewhere? 10107/05 Page 26 PPN 2005-0185.Traffic Way Park MNO.sm __ -158 r 1W CITY OFATASCADERO INITIAL STUDY Initial Study 2005-0050 Potentially Less Than Less Than No PPN 2005-0185 Significant Significant with Significant Impact Impact Mitigation Impact 5493, 5599 Traffic Way Incorporation SOURCES: Project description; General Plan Land Use Element. DISCUSSION: 12.a.) One home will be built where the general plan projection anticipates approximately one additional house. 12.b.c.)No housing or persons will be displaced. 13. PUBLIC SERVICES a)Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities,the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other I performance objectives for any of the public services: Fire protection? ❑ El ❑ Police protection? ❑ ❑ ® ❑ Schools? ❑ ❑ ® ❑ Parks? ❑ Other public facilities? ❑ ❑ ® ❑ SOURCES: Project description; Land Use Element EIR;Traffic Way Park Expansion and Recreation Center Master Plan, David Volz Design, Landscape Architects and Park Planners. DISCUSSION: Development Impact Fees: Development Impact Fees will be required of any new project for which a building permit is issued. The concept of the impact fee program is to fund and sustain improvements which are needed as a result of new development as stated in the General Plan and other policy documents within the fee program. Development Impact Fees fall into the following categories: Drainage Fees(including the Amapoa Tecorida Drainage Area Fee); Streets, Road,Bridge Fees; Sewer Fees; Public Safety Fees; and Park Fees, Miscellaneous Fees. In addition, school fees are collected by the Atascadero Unified School District. The amount of impact fees to be paid will be determined at the time of issuance of building permit. 1 Fire and Police: Impact fees are charged for new development,to help pay the cost of providing new facilities to s. serve the expanding city.The Fire Department of the City of Atascadero has indicated that it will be able to adequately service the proposed project. The applicant shall comply with all requirements of the Fire Department. The City of Atascadero Police Department has also indicated that the proposed project poses no problems to the police to adequately service it. Mitigation Measure 13.1 Fire sprinklers shall be included with the construction of the new buildings j Schools: At buildout,the city's population will overburden the existing school system unless additional classroom space is added.The Atascadero Unified School District charges impact fees to fund additional schools as needed. State law restricts mitigation of school impacts to the levying of these fees and other measures adopted by the _ school district. Pr "^ ovlslon of adequate facilities for the population is the responsibility of the school district. Fees will be required through construction permits for the residence. 10/07/05 ---- Page 27 PPN 2005-D185.Traffic Way Park MND.sm I 159 _ ` CITY OF ATASCADERG INITIAL STUDY Initial Study 2005-0050 Potentially Less Than Less Than No Significant Significant with Significant Impact PPN 2005-0185 Impact Mitigation Impact Incorporation 5493, 5599 Traffic Way Parks: New residences will increase demand on parks and recreation facilities.The City's Parks& Recreation Commission is committed to finding ways to continue to provide parks and other recreational opportunities to city residents as the city expands,thereby addressing cumulative impacts. Other public facilities:The construction of the project is not expected to have significant impacts on any other public facilities. 14.RECREATION -- a)Would the project increase the use of existing LZ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b)Does the project include recreational facilities or requireE the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? SOURCES: Project description;Parks and Recreation Element;Traffic Way Park Expansion and Recreation Center Master Plan, David Volz Design, Landscape Architects and Park Planners. DISCUSSION; - 14.a.) Residents are expected to increase their use of Traffic Way Park as the phased development provides added recreational programs and opportunities, but the numbers are not expected to result in substantial physical deterioration of any facilities. 14.b.) The project includes mitigation measures that will allow the design and development to avoid any adverse physical effects on the environment. 15.TRANSPORTATIONITRAFFIC--Would the project: a)Cause an increase in traffic that is substantial in relation 0 to the existing traffic load and capacity of the street system (i.e.,result in a substantial increase in either the number of vehicle trips,the volume to capacity ratio on roads,or congestion at intersections)? b)Exceed, either individually or cumulatively,a level of El El service standard established by the county congestion management agency for designated roads or highways? c)Result in a change in air traffic patterns,including either an increase in traffic levels or a change in location that results in substantial safety risks? d)Substantially increase hazards due to a design feature El (e.g., sharp curves or dangerous intersections)or incompatible uses(e.g.,farm equipment)? e)Result in inadequate emergency access? E 0 E f)Result in inadequate parking capacity? - El Page 28 10/07/05 -. PPN 200585.Trafficblay Park MNDsm - - -01 _ - 160 CITY OF ATAS CADERO INITIAL STUDY Initial Study 2005-0050 Potentially Less Than Less Than No Significant Significant with Significant Impact PPN 2005-0185 Impact Mitigation Impact 5493, 5599 Traffic Way Incorporation g)Conflict with adopted policies,plans,or programs ❑ ❑ supporting alternative transportation (e.g., bus turnouts, bicycle racks)? SOURCES: Land Use Element; Circulation Element;Project Description;Conceptual Park Master Plan, David Volz Design, Landscape Architects and Park Planners. DISCUSSION: 15a.b.The Circulation Element(CE)anticipates park development in this area. The CE incorporates mitigation for effects from increased traffic. 15.c. No changes will occur to the air traffic patterns. 15.d. There are no sharp curves or major intersections within the vicinity. Park entraces have been evaluated to insure safe sight distance. 15.e. The project will have adequate emergency access from Traffic Way. 15.f. Adequate parking will be provided on-site for the park users. 16. UTILITIES AND SERVICE SYSTEMS--Would the project: a) Exceed wastewater treatment requirements of the F-1 F1applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or ❑ wastewater treatment facilities or expansion of existing El F facilities,the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water ❑ drainage facilities or expansion of existing facilities,the VN construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the ❑ project from existing entitlements and resources,or are new or expanded entitlements needed? e)Result in a determination by the wastewater treatment ❑ provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f)Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? El 1-1 g)Comply with federal,state,and local statutes and ❑ ❑ regulations related to solid waste? SOURCES: Project description; Land Use Element;Traffic Way Park Expansion and Recreation Center Master Plan, = David Volz Design,,Landscape Architects and Park Planners. DISCUSSION: Water., The Atascadero Mutual Water Company(AMW C)will provide water. All property within the city limits is entitled to water from the AMWC. The project is not expected to require significant quantities of water beyond that anticipated for park development and use. j 10/07/05 Page 29 PPN 2005-0185.Traffic Way Park MNDsm CITY OFATASCADERO INITIAL STUDY Initial Study 2005-0050 Potentially Less Than Less Than No Significant Significant with Significant Impact PPN 2005-0185 Impact Mitigation Impact 5493, 5599 Traffic Way Incorporation Water is pumped from two portions of the largest underground basin in the county,the Paso Robles Formation,using a series of shallow and deep wells.The water company anticipates that it will be able to meet the city's needs through buildout and beyond: Water demand at buildout under the LUE is estimated at about 8,500 acre-feet per year(AFY).The total available groundwater supply greatly exceeds demand, according to the findings of the Long-Term Viability of Water study. However,the water company does not currently have the deep wells needed to tap into the total amount needed at buildout. The water company is currently developing plans for installing wells where they will be most effective and will not conflict with water rights of others. According to the Water Company, development of additional wells is expected to keep pace with construction in the city,so that water supply will not be interrupted. Sewer.The city sewer system will be used to handle wastewater generated by park users. 17. MANDATORY FINDINGS OF SIGNIFICANCE-- a) Does the project have the potential to degrade the quality 17 of the environment, substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b)Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively El F considerable"means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will cause substantial adverse effects on human beings,either directly or indirectly? DISCUSSION: The project site is developed and considered as an infill site which is currently being proposed for expansion of Traffic Way Park,consistent with the General.Plan and Zoning Ordinance. The proposed project has been analyzed as required by CEQA and the Atascadero Municipal Code. Project-related impacts have been identified and mitigation measures have been included within the proposal to reduce the effect of the proposed project as described herein. SOURCES: General Plan Land Use Element,City of Atascadero,2002 Zoning Ordinance,part of Municipal Code,City of Atascadero,as amended through 1999. Land Use Element Environmental Impact Report(EIR),Crawford,Multari,&Clark,adopted 2002 CEQA Handbook,Air Quality Control District,August 1995 General Plan Safety Element,City of Atascadero,2002 - General Plan Circulation Element,2002 General Plan Noise Element,adopted 2002 = Acoustical Design Manual,Brown-Buntin Associates,1991 Noise Ordinance City of Atascadero 1992 Flood Insurance Rate Map,community-panel number 060700 0002 B Trip Generation,Institute of Traffic Engineers PROJECT SOURCES: 7 Page e 30 10/07/05 PPN 2005-0185.Traffic Way Park MND.sm t c_ 162 ---- CITY OFATASCADERO INITIAL STUDY Project Description Traffic Way Park Expansion and Recreation Center Master Plan,David Volz Design,Landscape Architects and Park Planners Human Health Risk Assessment,Meams Consulting Corporation Biological Report for Traffic Way Park and Youth Center,Althouse and Meade,Inc. Phase I Cultural Resources Survey,Central Coast Archaeology Phase 1 Environmental Site Assessment,Komex Phase II Environmental Site Assessment,ATC Associates,Inc. Traffic Way Park Tree Protection Plan,A&T Arborists 10107/05 -- 3 Pa 8 _ PPN 2005-0185.Traffic Way Park MNO.sm _ : ::. -_.--Page f ATC Associates, Inc. 2325 Skyway Drive,Suite C (:Y t Santa Maria, California 93455 Phone (805) 928-3000 Fax (805) 928-6046 A S S O C I A T E S I N C . www.atcassocictes.com PHASE Ii ENVIRONMENTAL SITE ASSESSMUNT 5599 TRAFFIC WAY ATASCA®ERO, CALIFORNIA Prepared For: Community Redevelopment Agency of Atascadero 6905 El Camino Real,Suite 6 Atascadero, California 93422 Submitted bv: ATC Associates Inc. 455`0NAL GF°<o�� 2325 Skyway Drive,Suite C c� a;o"AR6e. C+AKo1-51 Santa Maria, California 93455 NO 6;)74 ATC job No.: 79.29626.0002 Date:September 2,2005 R OFCA���O`� Prepared by: Reviewed and Approved by: Louis J.Cappel Richard E.Chandler,P.G. #6074 Project Manager Principal Geologist September 7,2005 ------- -- -- -- --- ATC Associates Inc, . ATC Project No.:79.29626.0002 _ - 164 PHASE II ENVIRONMENTAL SITE ASSESSMENT 5599 TRAFFIC WAY ATASCACADERO, CALIFORNIA TABLE OF CONTENTS 1 INTRODUCTION............ .....................................................................1 1.1 PREVIOUS ENVIRONMENTAL WORK ......................... ............................. 1 1.2 OBJECTIVES...............................................................................................2 2 SITE DESCRIPTION ..............................................................................3 2.1 LOCATION AND DESCRIPTION.................................................................3 2.2 SITE AND VICINITY GENERAL CHARACTERISTICS....................................3 2.3 CURRENT USE OF THE SITE.........................................................................3 2.4 DESCRIPTIONS OF STRUCTURES, ROADS, AND OTHER IMPROVEMENTS ONTHE SITE...............................................................................................3 2.5 GEOLOGIC SETTING.................................................................................4 2.6 HYDROLOGIC SETTING.............................................................................4 2.6.1 Surface Water................................................................................4 2.6.2 Groundwater.................................................................................4 3 ASSESSMENT ACTIVITIES....................................................................5 3.1 SITE HEALTH AND SAFETY PLAN................................................................5 3.2 UTILITY LOCATION .........:........................::............:...................................6 3.3 DRILLING AND SOIL/GROUNDWATER SAMPLING METHODS .................6 3.4 ANALYTICAL TESTING...............................................................................6 3.5 INVESTIGATION DERIVED WASTE (IDW) MANAGEMENT AND DISPOSAL ............. ..................................................................................................7 4 ASSESSMENT RESULTS ........................................................................8 4.1 SOIL AND GROUNDWATER CONDITIONS................................................8 4.2 ANALYTICAL RESULTS ...............................................................................8 5 CONCLUSIONS AND RECOMMENDATIONS ..................................12 5.1 CONCLUSIONS.......................................................................................12 5.2 RECOMMENDATIONS, . ......... ... ........ . ..... ,.............13 6 LIMITATIONS.....................................................................................14 7 REFERENCES .....................................................................................15 September 7,2005 i _ ATC Associates Inc..-- ATC Project No.:79.29626.0002 _ -. 165 PHASE 11 ENVIRONMENTAL SITE ASSESSMENT 5599 TRAFFIC WAY ATASSCACADERO,CALIFORNIA LIST OF TABLES 1 Soil Analytical Laboratory Results -Organic and Microbiological Constituents 2 Soil Laboratory Analytical Results—Metals and EPA Residential Soil PRGs 3 Detected Organic Constituents and EPA Residential Soil PRGs LIST OF FIGURES 1 Site Vicinity Map 2 Site Plan 3 Site Plan with Soil Borehole Locations LIST OF APPENDICES A Asbestos and Lead-Based Paint Survey B ATC Standard Operating Procedures . C Soil Borehole Logs D Copies of Chain of Custody and Laboratory Reports September 7,2005 it ATC Associates inc. -- _ ATC Project No.:79.29626.0002 - - - -- _- - - _-- --------------------------- - -- --- -. 166 PHASE 11 ENVIRONMENTAL SITE ASSESSMENT 5599 TRAFFIC WAY ATASCADERO,CALIFORNIA 1 INTRODUCTION ATC Associates Inc. (ATC) is pleased to submit this Phase H Environmental Assessment (ESA) report (the Report) on the property located at 5599 Traffic Way in Atascadero, California. The Site currently operates as the City Public Works Yard and the sewer lift station. We understand that the Redevelopment Agency is interested in redeveloping the Site as a youth facility. The Redevelopment agency adopted an environmental process similar to that required for California school districts under Assembly Bill 387 and 2644, Senate Bill 162 for any site acquisitions, expansions, additions, and major renovations. 1.1 PREVIOUS ENVIRONMENTAL WORK Prior to this Report, a Phase I ESA was performed on the Site and limited shallow soil sampling within the current catch basin was conducted. A description of these activities is found below. PHASE 11 CATCH BASIN INVESTIGATION In November 2004, Komex at the request of the Redevelopment Agency, collected shallow soil samples within the current catch basin at the Site. The purpose of .the soil sampling and laboratory testing was to evaluate if selected organic and inorganic constituents existed in shallow soils. Komex's report entitled Phase II Catch Basin Investigation—5599 Traffic Way, dated November 29,2004 concludes the following: • Organic constituents were not detected above their respective method-reporting limits in any of the shallow soil samples collected from the current catch basin. _ • Metals concentrations in the shallow soil samples collected from the current catch basin did not exceed any United States Environmental Protection Agency Region 9 - Residential Preliminary Remediation Goals (Residential PBGs) for soil and are consistent with background levels. Subsequent to these findings, the Redevelopment Agency contracted Komex to conduct a Phase I ESA for the Site and for the northern adjacent property located at 5493 Traffic Way. The conclusions and recommendations of the Phase I ESA Report are described below. PHASE I ENVIRONMENTAL SITE ASSESSMENT The Report concluded that recognized environmental conditions (RECs) at the 5493 Traffic Way property were not identified and based .on these findings Komex recommended no further September 7,2005 1 ATC Associates inc. - ATC Project No.:79.29626.0002 167 PHASE II ENVIRONMENTAL SITE ASSESSMENT 5599 TRAFFIC WAY ATASCADERO,CALIFORNIA investigation at this property. The Report indicated that the 5599 Traffic Way property has the following RECs: • Gasoline may have been released from the former 500-gallon underground storage tank (UST), dispenser and/or associated piping during fueling operations. • The materials associated with the sewage wastewater or sewage treatment byproducts (bio- solids or sludge) may contain hazardous materials. During the sewage treatment process, sewage or treated sewage may have been released from the concrete lined wet well, clarifiers and/or aeration tank. Based on the age of these structures, it is possible that cracks may exist that could act as conduits to the subsurface. During decommissioning of the sewage treatment plant, the effluent catch basins, settling ponds, and/or bio-solid or sludge beds were buried in-place. In addition, the unlined effluent catch basins, settling ponds, and/or bio-solid or sludge beds may have leached contaminants into shallow groundwater. Historic application and incorporation of bio-solids or sludge into soils may have impacted soils and groundwater. • Based on the age of the Site buildings, it is possible that asbestos-containing materials (ACM) and lead-based paints (LBP) are present. Although the presence of ACM and LBP does not constitute a REC as defined by ASTM,the potential presence of these materials will require assessment prior to demolition/renovation of the Site buildings. 1.2 OBJECTIVES The objectives of this Phase II ESA were to: 1. Evaluate whether gasoline constituents exist in shallow soil and groundwater in the vicinity of the former 500-gallon gasoline UST at concentrations that merit additional Phase II ESA = investigation and/or the need of a human risk assessment and/or remediation. 2. Evaluate whether selected organic and inorganic chemicals and microbiological parameters exist in shallow soils and groundwater beneath the Site at concentrations that merit further Phase H ESA investigation and/or the need. of a human health risk assessment and/or remediation. 3. Evaluate whether the materials used to construct the Site buildings contain hazardous levels of asbestos and/or lead-based paint. September 7;2005- 2 ATC Associates Inc, - ATC Project No.:79.29626.0002 ___ -168----- PHASE 11 ENVIRONMENTAL SITE ASSESSMENT 5599 TRAFFIC WAY ATASCACADERO,CALIFORNIA 2 SITE DESCRIPTION 2.1 LOCATION AND DESCRIPTION The Site is located approximately 0.5-mile north of Highway 101 and downtown Atascadero, California (see Figure 1 and Figure 2). The Site is at an approximate elevation of 845 feet above mean sea level (AMSL), with exception of the current effluent catch basin, which is approximately 10 feet lower in elevation, according to the United States Geological Survey (USGS) 7.5-Minute Quadrangle of Atascadero(see Figure 1). The Site historically operated as the sewage treatment plant for the City from .1937 to 1983. Infrastructure associated with the sewage treatment process is currently present on the property (e.g. clarifiers, aeration tank, effluent catch basin). Other sewage treatment plant features (bio- solids or sludge beds) were reportedly buried in-place. Currently, the property functions as the City sewer lift station and Public Works Yard. An emergency over flow catch basin, or current effluent catch basin for the sewer lift station exists on the northern portion of the property. Two baseball diamonds used for recreational purposes are located on the western portion of the .property. 2.2 SITE AND VICINITY GENERAL CHARACTERISTICS The Site lies within a mixed light industrial, residential and commercial area in the City of Atascadero. The Site vicinity is generally level, with a slight slope toward the east-southeast and Atascadero Creek(see Figure 1). 2.3 CURRENT USE OF THE SITE This property functions as the sewer lift station and the Public Works Yard. 2.4 DESCRIPTIONS OF STRUCTURES, ROADS, AND OTHER IMPROVEMENTS ON THE SITE The Site is approximately 100 to 400 feet east of Traffic Way. A roadway, partially asphalt- paved and dirt, leads to the Site. Six Site buildings exist near the center to southeast portion of the Site property,including the: main office (500 square feet); a mobile trailer office (300 square feet); pump house (300 square feet); paint shop (converted clarifier [600 square feet]); maintenance shop (1,500 square feet) and Dial-A-Ride vehicle storage shed (2,000 square feet). September 7,2005 3 _:_ ATC Associates Inc. ATC Project No.:79.29626.0002 - - - 169.. ... ._ . _ _ -..__ _ _ PHASE II ENVIRONMENTAL SITE ASSESSMENT 5599 TRAFFIC WAY ATASCACADERO, CALIFORNIA The sewage lift station, located on the eastern portion of the Site, consists of a pump house, turbine, and a water AST. An emergency unlined catch basin is located at the northern portion of the Site. In addition, features associated with the former sewage treatment plant still exist, such as the primary clarifier (currently the paint shop) a secondary clarifier and an aeration tank. These features are approximately 600 square feet each. 2.5 GEOLOGIC SETTING The Site is located in the southern Coast Ranges geomorphic province of California. The Coast Ranges province is characterized by northwest-trending mountain ranges, valleys, and faults. Bedrock in the Site vicinity is composed of middle to upper Miocene-age sedimentary rocks (DMG, 1958). Valley fill overlying the bedrock formations includes unconsolidated Quaternary- age terrace and alluvial deposits composed of clay, silt, sand, and gravel. According to the Geologic Map of the Atascadero Quadrangle (Dibblee, 2004) the Site is underlain by Holocene- age alluvial sediments. 2.6 HYDROLOGIC SETTING 2.6.1 SURFACE WATER No surface water was visible in the vicinity of the Site during the investigation. The closest surface water feature is Atascadero Creek, which is approximately 500 feet toward the southeast-east. 2.6.2 GROUNDWATER See Section 4.1 for a discussion of groundwater conditions beneath the Site during the investigation. Groundwater data beneath the Site prior to this investigation was not available. Shallow groundwater data were available for review for a former service station located at 5975 El Camino Real approximately 0.5-mile south of the Site. Unconfined groundwater is reportedly present in the Sitevicinity at depths ranging from approximately.5 feet to 10 feet below ground surface (bgs), and flows toward the east under a gradient of approximately 0.09 feet/foot (Holguin, Fahan, and Associates,Inc., 2004). This is likely a perched zone and may be discontinuous. The Site is situated in the Atascadero Sub-basin with the Paso Robles Aquifer representing the principal drinking water aquifer. Groundwater in this aquifer would likely be present at depths ranging from approximately 60 feet to 70 feet bgs in the Site vicinity (Fugro West/Cleath and Associates,2002). SATC Associates Inc September 7,2005 4 - ATC Project No.:79.29626.0002- ------ - --- - PHASE II ENVIRONMENTAL SITE ASSESSMENT 5599 TRAFFIC WAY ATASCADERO,CALIFORNIA 3 ASSESSMENT ACTIVITIES The asbestos and lead-based paint survey report is included in Appendix A. The locations of the soil boreholes were selected based on the RECs identified in the Phase I ESA and are shown in the Site Plan presented on Figure 3. The initial investigation was conducted on June 1 and 2, 2005. The soil analytical data from this initial investigation were evaluated and additional investigation was warranted, which was conducted on July 5 and July 6, 2005. The assessment included a total of 33 direct-push soil boreholes and the collection of soil samples for laboratory analysis. 3.1 SITE HEALTH AND SAFETY PLAN ATC has established a Safety and Health Program (SHP) to ensure the personal health and safety of all ATC employees. The SHP defines safety practices and procedures to be instituted in all ATC work places, as applicable. The program meets, and often exceeds, the requirements promulgated by the Occupational Safety and Health Act (OSHA). As part of the SHP, all ATC personnel are appropriately trained and under a Medical Surveillance Program in accordance with OSHA 40 CFR 1910.120. ATC's primary mechanism to ensure employee, environmental, and public safety at the project site is the Site Health and Safety Plan (SHSP). ATC prepared and implemented a SHSP for this project. All individuals working under the purview of ATC were required to read and sign the SHSP to acknowledge their understanding of the information contained in it. The SHSP is site- specific and task-specific, describing hazardous conditions that may have been encountered and prescribed the necessary safety protocols to protect employees from these hazards. The SHSP was reviewed by the project management team and then reviewed/approved for field use by the Site Safety and Health Officer. The SHSP was implemented and enforced on site by the assigned Site Safety and Health Officer. The SHSP identified the following: roles and responsibilities of key site personnel; hazard analysis for all chemical, physical, and physiochemical hazards anticipated; a personnel Protection plan; site safety procedures for specific site operations, (e.g., drilling, etc.); a decontamination plan; and an emergency response/contingency plan. The SHSP specified levels of protection for site personnel on a task-specific basis. As with any project of this magnitude, there are inevitable encounters with a variety of physical hazards ranging from- simple housekeeping 'to temperature extremes. ATC provided continual evaluation of all f September 7, 2005 5 ATC Associates Inca ATC Project No.:79 29626.0002 _ _.171 ----- -- PHASE 11 ENVIRONMENTAL SITE ASSESSMENT 5599 TRAFFIC WAY ATASCADERO,CALIFORNIA potentially hazardous conditions and prescribed additional safety protocols to protect site personnel as needed. 3.2 UTILITY LOCATION Prior to drilling the soil borings ATC contacted Underground Service Alert (USA) and a private utility locator service (Cruz Brothers Locators and Pacific Coast Locators)to identify utilities in the vicinity of the proposed borehole locations. 3.3 DRILLING AND SOIL/GROUNDWATER SAMPLING METHODS ATC advanced soil boreholes at the selected locations utilizing a direct push drill rig on two separate occasions. The initial investigation was conducted on June 1 and 2, 2005. The soil analytical data from this initial investigator were evaluated and additional investigation was warranted, which.was conducted on July 5 and July 6, 2005. The borings were sampled continuously for soil identification and logging purposes in general accordance with ATC's Standard Operating Procedure —Direct Push Drilling and Soil Sampling, which is included in Appendix B. To obtainr P reliminaY regarding arding the decree of-potential volatile organic compounds (VOC) a representative sample was collected at each sampling location and field impact o soil are resen P a t p � P P screened for volatile organic vapors utilizing a hand held photo-ionization detector (PID) in general accordance with ATC's Standard Operating Procedure — Field Soil Vapor Monitoring, which is included in Appendix B. At the conclusion of soil sampling activities, all soil boreholes were backfilled with bentonite chips to within one--foot of grade and were hydrated in place. The remaining one-foot and the surface were restored to previously existing conditions. An ATC representative completed lithologic logs for each boring in general accordance with ASTM Method D 2488-90. Borehole luded in lobs are included Appendix C. 3.4 ANALYTICAL TESTING d 2 2005 collected during the first art of the investigation conducted on June 1 an , Soil samples c g p P were submitted to Oilfield Environmental Compliance (OEC) for the analyses outlined below. Exceptions to this are samples collected from borings B-6, B-7 and B-8 which were collected to evaluate soils for constituents associated with petroleum hydrocarbons, including metals (part September 7,2005 6 ATC Associates Inco ATC Project No.:79.29626.0002 - -- - - ----- --.. ---- --- PHASE 11 ENVIRONMENTAL SITE ASSESSMENT 5599 TRAFFIC WAY ATASCADERO,CALIFORNIA of the UST investigation) and samples collected from borehole BG which were collected to evaluate soils for background levels of selected microbiological parameters and metals. • Total petroleum.hydrocarbons as (TPH)in accordance with USEPA Method 8015-M; • Volatile Organic Compounds (VOCs) including fuel oxygenates in accordance with USEPA Method 8260B; • Semi-volatile organic compounds in (SVOCs) including phenols accordance with USEPA 8270; • Organo-phosphorous pesticides in accordance with USEPA Method 8141; • Chlorinated pesticides and polychlorinated biphenols (PCBs) in accordance with USEPA Method 8081/8082; and, • CAM 17 metals in accordance with USEPA Method 6020/7470A. • Total coliform and fecal coliform in accordance with Standard Method 9221B and 9221E; and, • Enterococcus in accordance with Standard Method 9230B. Soil samples collected during the additional investigation (step-out boreholes) conducted on 'July 5 and 6, 2005, which are identified with a capital letter after the borehole number (i.e. TMW-1A), were submitted to OEC for the analyses below. • Chlorinated pesticides and PCBs in accordance with USEPA Method 8081/8082;and, • SVOCs including phenols accordance with USEPA 8270. 3.5 INVESTIGATION DERIVED WASTE (IDW) MANAGEMENT AND DISPOSAL The waste materials that were managed for the Site assessment included drill cuttings and drilling and sampling equipment decontamination rinse liquids. All IDW were transported off- Site by OEC and were disposed of at an appropriate facility. September 7,2005__ _ _ _ ATC Associates Inc. ATC Project No.:79.29626.0002 --- __ 173 -- - -_ PHASE II ENVIRONMENTAL SITE ASSESSMENT 5599 TRAFFIC WAY ATASCADERO,CALIFORNIA 4 ASSESSMENT RESULTS 4.1 SOIL AND GROUNDWATER CONDITIONS Soil borehole logs for the direct-push borings are found in Appendix C. Groundwater was not encountered beneath the Site in any of the boreholes. The maximum depth of exploration was to approximately 20 feet bgs. The lithology generally consisted of silt with little gravel and/or clay. Fill material consisting of bricks, concrete and asphalt were observed in soil cuttings from several boreholes (TMW-1, B-2, B-5, and B-3) from approximately ground surface to 5 feet bgs. Darker colored soils were observed in boreholes B-5,B-5A, and B-5B 4.2 ANALYTICAL RESULTS Analytical results for organic and microbiological parameters are shown in Table 1; and, metals are shown in Table 2. Copies of the chain of custodies and analytical reports are found in Appendix D. TPH TPH were not detected at or above the practical quantification limit (PQL) in any of the soil samples analyzed. The practical quantitation limits (PQLs) for petroleum hydrocarbons within the C4-C9 and C10-C22 ranges was 15 milligrams per kilogram(mg/kg) and within the C23-C32 range was 25 mg/kg. VOCs VOCs were not detected at or above their respective PQL in any of the soil samples analyzed. The PQLs for the VOCs, including the fuel oxygenates was 0.005 mg/kg, except for tertiary butyl alcohol(TBA)which had a PQL of 0.025 mg/kg. SVOCs and Phenols Phenols were not detected at or above their respective PQL in any of the soil samples analyzed. SVOCs (mostly polycyclic aromatic hydrocarbons [PAHs]) were present at detectable concentrations in samples B-2/5, B-3/1, B-5/1, B-3 A/1, B-5 A/5 and B-5 D/5. Compounds detected include benzo (a) anthracene, benzo (a) pyrene, benzo (b) fluoranthene, benzo (g,h,i) perylene, benzo (k) fluoranthene, bis (2-ethylhexyl) phthalate, chrysene, fluoranthene, indeno - September 7,2005 8 ATC Associates inc - ATC Project No.:79.29626.0002 : 174 PHASE 11 ENVIRONMENTAL SITE ASSESSMENT 5599 TRAFFIC WAY ATASCACADERO, CALIFORNIA (1,2,3-cd) pyrene, phenanthrene, and pyrene. Concentrations ranged from 0.2 to 0.6 milligrams per kilogram (mg/kg). The PQL for most of the samples analyzed for SVOCs was 0.1 mg/kg. However, the PQLs for B- 5 A/1, B-5 B/1, B-2/10, B-2 C/1 and B-1/5 were elevated because the samples were diluted prior to analysis. B-5 A/1 was diluted by a factor of 2, resulting in a PQL of 0.2 mg/kg. B-5 B/1 and B- 2/10 were diluted by a factor of 15, resulting in a PQL of 1.5 mg/kg. B-2 C/1 and B-1/5 were diluted by a factor of 10, resulting in a PQL of 1 mg/kg. Organo-phosphate Pesticides Organo-phosphate pesticides were not detected at or above their respective PQL in any of the soil samples analyzed. Chlorinated Pesticides The following chlorinated pesticides were detected in the soil samples collected at 5 feet bgs from boreholes TNM-1 and B-2: • 4,4'-DDD was detected at 0.004 mg/kg in samples TNM-1/5 and TMW-1B/5; • 4,4'-DDE was detected at 0.005 mg/kg in samples TMW-1/5 and TMW-1B/5; • a-Chlordane concentrations ranged from 0.003(TMW-1B/5)to 0.006 (TMW-1/5)mg/kg•, • g-Chlordane concentrations ranged from 0.004(TMW-1B/5)to 0.008(B-2/5)mg/kg;and, • Dieldrin was detected at 0.009 mg/kg in sample TMW-1/5. The PQL for all organo-chlorinated pesticides except technical chlordane and toxaphene was 0.003 mg/kg. The PQL for technical chlordane and toxaphene was 0.02 mg/kg. The PQLs for B- 1/5, B-2/10,B-2 C/1,B-3 A/1,B-3 B/1,B-5 A/1,B-5 A/5,B-5 B/1,B-5 B/5 and B-5 D/5 were elevated because the samples were diluted prior to analysis. Sample B-1/5 had PQLs of 0.015 mg/kg for all, organo-chlorinated pesticides and 0.1 mg/kg for technical chlordane and toxaphene. B-2/10 had PQLs of 0.04 mg/kg and 0.27 mg/kg. B-2 C/1,B- A/I, B-3 B/1, and B-5 A/1 had PQLs of 0.03 mg/kg and 0.2 mg/kg. B-5 A/5 had PQLs of 0.006 mg/kg and 0.04 mg/kg. B-5 B/1 had PQLs of 0.08 mg/kg and 0.53 mg/kg. Samples B-5 B/5 and B-5 D/5 had PQLs of 0.012 mg/kg and 0.08 mg/kg. September 7,2005 ATC Associates Inc. , .., ATC Project No.:79.29626.0002 -- --- -- -- -- - - _? - - _ s -- 175 PHASE II ENVIRONMENTAL SITE ASSESSMENT 5599 TRAFFIC WAY ATASCADERO,CALIFORNIA PCBs The PCB aroclor 1260 were detected in shallow soil samples from boreholes TMW-1, B-3A,B-3B, B-3D, and B-5. Concentrations ranged from 0.02 (TMW-1/5)to 0.9 (B-3A/1) mg/kg. The PQL for most of the samples analyzed for PCBs was 0.02 mg/kg. However, the PQLs for B- 1/5,B-2/10,B-2 C/1,B-3 A/1,B-3 B/1,B-5 A/1,B-5 A/5, B-5 B/1,B-5 B/5 and B-5 D/5 were elevated because the samples were diluted prior to analysis. Sample B-1/5 had a PQL of 0.1 mg/kg. B-2/10 had a PQL of 0.27 mg/kg. B-2 C/1, B-3 A/1, B-3 B/1, and B-5 A/1 had a PQL of 0.2 mg/kg. B-5 A/5 had a PQL of 0.04 mg/kg. B-5 B/1 had a PQL of 0.53 mg/kg. Samples B-5 B/5 and B-5 D/5 had PQLs of 0.08 mg/kg. Metals Results for metals are as follows: • Antimony was not present at a detectable concentration in any of the soil samples analyzed; • Arsenic was not present at a detectable concentration in any of the soil samples analyzed; • Barium was detected in all soil samples ranging in concentration from 58 to 160 m,-/k,-,- • g/kg;• Beryllium was not present at a detectable concentration in any of the soil samples analyzed; • Cadmium was detected in the majority of the samples analyzed and ranged in concentration from 1.2 to 5.8 mg/kg; • Chromium was detected in all soil samples ranging in concentration from 13 to 41 mg/kg; • Cobalt was detected in all soil samples ranging in concentration from 14.2 to 17 mg/kg; • Copper was detected in all soil samples ranging in concentration from 9.7 to 100 mg/kg; • Lead was detected in all soil samples ranging in concentration from 6.9 to 77 mg/kg, • Mercury was not present at a detectable concentration in any of the soil samples analyzed; • Molybdenum was not present at a detectable concentration in any of the.soil'samples analyzed; • Nickel was detected in all soil samples ranging in concentration from 16 to 75 mg/kg; • Selenium was not present at a detectable concentration in any of the soil samples analyzed;. • Silver was detected in three soil samples ranging in concentration from 2.4 to 3.4 mg/k,-,- • g/kg;• Thallium was not present at a detectable concentration in any of the soil samples analyzed; • Vanadium was detected in all soil samples ranging in concentration from 11 to 71 mg/kg; and, September 7,2005 10 ATC Associates inc - - - - .ATC Project No.:79.29626.0002-- -=- PHASE If ENVIRONMENTAL SITE ASSESSMENT 5599 TRAFFIC WAY ATASCADERO,CALIFORNIA • Zinc was detected in all soil samples ranging in concentration from 36 to 150 mg/kg. The PQLs for the metals were less than their respective Preliminary Remediation Goals (PBGs) for residential soils (USEPA, 2004) with the exception of arsenic. The PQL for arsenic was greater than its Cal-modified PRG. Therefore, although arsenic was not detected in any soil samples submitted for analysis of arsenic, because the PQL was 4 milligrams per kilogram (mg/kg) it is possible that concentrations of arsenic exist in site soils at concentrations less than 4 mg/kg and at a concentrations greater than 0.062 mg/kg, the Cal-modified PRG for arsenic in residential soils. Total Coliform, Fecal Coliform and Enterococcus Results for total coliform, fecal coliform and enterococcus are as follows: • Total coliform was present at a detectable concentration in two samples at 2 most probable number per gM ram(MPN/gm) (TMW-3/5) and 22 PN/gm(TMW-1/5); • Fecal coliform was not present at a detectable concentration in any samples analyzed;and, • Enterococcus was detected in numerous sample ranging in concentration from 2 to 8 MPN/gm. September 7,2005 17 ATC Associates Inc. ATC Pro�ecfo N ..79-.-2-9--62--6-.-0002---------- 9 29626 . .0002 ------ - - 7 77= - - PHASE II ENVIRONMENTAL SITE ASSESSMENT 5599 TRAFFIC WAY ATASCADERO,CALIFORNIA .� CONCLUSIONS AND RECOMMENDATIONS Conclusions and recommendations for the asbestos and lead-based paint surveys are presented in Appendix A. Conclusions and recommendations for the soil investigation is presented below. 5.1 CONCLUSIONS Based on the findings, ATC concludes the following: • Groundwater was not encountered in anv of the soil boreholes. The maximum depth of exploration was 20 feet bas. Soils generally consisted of silt. Disturbed soils and fill material was observed in several boreholes from approximately 1 to 5 feet bgs. .Darker colored soils were observed in boreholes B-5,B-5A, and B-5B. • Soil samples collected as part of the former UST investigation from boreholes B-6, B-7, and B-8 did not have detectable concentrations of TPH, VOCs (including fuel oxygenates) and metals concentrations appeared to be consistent with background concentrations and are below applicable Residential PRGs. Native soils were observed in boreholes B-6,B-7 and B- 8. It was reported that the UST,was removed sometime in the.early 1980s. The State or County did not regulate UST removals during this time. • Soil samples collected as part of the historic sewage treatment plant are discussed below. o Soil samples did not have detectable concentrations of TPi I, VOCs (including fuel oxygenates),phenols and chlorinated pesticides. o Metals concentrations appeared to be consistent with background concentrations and are below applicable Residential PBGs (see Table 2). o Fecal coliform was not present at a detectable concentration in any of the soil samples analyzed. Total coliform and enterococcus were detected in several soil samples at concentrations near their respective PQL. Enterococcus was detected in a background soil sample at a concentration similar to that. of soil samples with detectable concentrations. Total coliform was not detected in the background soil samples. No regulatory criteria exist for total coliform, fecal coliform and enterococcus in soil. Based on discussions with the analytical laboratory, Creek Environmental, concentrations for the selected microbiological parameters in soil appeared to be low and non-significant. _ o Numerous organic constituents were detected and several (i.e. aroclor 1260 and benzo (a) pyrene) are included in the State's Proposition 65 list of known cancer-causing September 7,2005 12 ATC Associates Inc. ATC Project No.:79.29626.0002 _. 178 PHASE 11 ENVIRONMENTAL SITE ASSESSMENT 5599 TRAFFIC WAY ATASCACADERO,CALIFORNIA chemicals. Table 3 shows detected organic constituents and their applicable Residential PRG. o Polycylic aromatic hydrocarbons (PAHs) were detected at relatively low concentrations in shallow soil samples collected from boreholes (B-2, B-3, and B-5) where fill materials (including asphaltic material) were encountered. None of the detected PAHs exceeded their respective residential PRG with exception to benzo (a) pyrene. Samples B-5/1, B- 3A/1, and B-5A/5 had a concentration of 0.2 mg/kg and the Residential PRG is 0.062. The vertical and lateral extents of detectable PAHs are sufficiently delineated. o Chlorinated pesticides 4,4'-DDD, 4,4'-DDE, a-chlordane, and g-chlordane were detected in samples collected from boreholes TMW-1 and TMW-1B. Concentrations of these chlorinated pesticides were several orders of magnitude below their respective Residential PBGs. The vertical and lateral extents of detectable chlorinated pesticides are sufficiently delineated. o The PCB aroclor 1260 was detected in shallow soil samples from boreholes TMW-1, B- 3A, B-3B, B-3D, and B-5. Concentrations ranged from 0.02 (TMW-1/5) to 0.9 (B-3A/1) mg/kg. The Residential PRG for aroclor 1260 (0.22 mg/kg) was exceeded by samples B- 3A/1 (0.9 mg/kg) and B-3B/1 (0.6 mg/kg). The vertical and lateral extent of detectable aroclor.1260 is sufficiently delineated. 5.2 RECOMMENDATIONS Based on ATC's conclusions,the following is recommended: • No further soil assessment is warranted at this time. Conduct a risk assessment to evaluate the potential effects of the residual chemicals detected in shallow soils underlying the Site to human health using an appropriate regulatory guidance. • Based on the risk assessment findings, prepare a work plan to excavate impacted soils to acceptable regulatory levels. After soils have been excavated and properly disposed-of, forward all data to the San Luis Obispo County Environmental Health Department and request site closure. September 7,2005 73 .:= -- - ATC Associates Inco -- ATC Project No 79.29626.0002 - :179 PHASE II ENVIRONMENTAL SITE ASSESSMENT 5599 CADTRAFFIC WAY ATASCADERO,CALIFORNIA 6 LIMITATIONS This report was prepared for the exclusive use and sole reliance of the Redevelopment Agency for the specific application defined for this project completed at 5599 Traffic Way, Atascadero, California. ATC will release this Report to other parties only with prior approval from the Redevelopment Agency. ATC performed the services for this project in accordance with the terms of the contract between ATC and the Redevelopment Agency. The conclusions presented in this report are based on ATC's observations of existing site conditions, interpretation of site history, site usage information collected during the study, and the professional judgment of ATC. Conclusions should not be relied upon to precisely represent conditions at any other time. Facts, conditions, and acceptable risk factors may change with time and this report should be utilized within this context. Findings of this investigation based on data provided by others carry no warranty, expressed or implied, as a result of the usage of such data. Conclusions about the Site conditions under no circumstances comprise a warranty that conditions in all areas within the site (and beneath structures) are of the same quality that ATC has inferred from observable site conditions and readily available site history. . ATC makes no warranty, either expressed or implied, as to its findings, opinions, recommendations, specifications, or professional advice, except that they were formulated after being prepared in accordance with generally accepted standards of care and diligence normally practiced by recognized consulting firms performing services of similar nature. September 7,2005 14 ...ATC Associates Mc.:.- --.-_ _ATCProject No. 79.29626.0002_ -_-- 180 PHASE 11 ENVIRONMENTAL SITE ASSESSMENT 5599 TRAFFIC WAY ATASCADERO,CALIFORNIA 7 REFERENCES Dibblee. (2004). Geologic Map of the Atascadero Quadrangle. DMG. (1958). Geologic Map of California,San Luis Obispo Sheet. California Division of Mines and Geology. 1958 (Fifth printing 1992). Fugro West/Cleath and Associates (2002). Draft Final Report Paso Robles Groundwater Basin Study, Prepared for: County of San Luis Obispo Public Works Department. March 2002. Holguin, Fahan, and Associates, Inc. (2004). Fourth Quarter 2003- Groundwater Monitoring and progress Report for Chevron Products Company Service Station #9-0596, 5975 El Camino Real,Atascadero,California. December. Komex. 2005. Phase I Environmental Site Assessment-5493 and 5599 Traffic Way,Atascadero, California. February 3. Komex. 2004. Phase Il Catch Basin Investigation - 5599 Traffic Way, Atascadero, California. November 29. September7,2005 15 -- ---ATC Associates Inco ATC Project No.:79.29626.0002