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HomeMy WebLinkAboutAgenda Packet 10/12/1993 RELIC FEVIEW (jYY PLEASE' C�0 {JOT REMOVE FROM MINTER 9 AGENDA ATASCADERO CITY COUNCIL REGULAR MEETING CiTY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4TH FLOOR ROTUNDA Room s OCTOBER 12, 1993 7:00 P.M. I This agenda is prepared and posted pursuant to the requirements of Goyemment Code Section 54954.2. By listing a topic on this agenda, the City Council haO expressed its intent to discuss and act on each item. In addition to any action identified in the brief general description of each hem, the action that may be taken shall inclu6: A referral to staff with specific requests for information continuance; specific direction to staff concerning the policy or mission of the item;discontinuance of considery olr;authorization to enter into negotiations and execute agreements pertaining to the item; adoption or approval; and, disapproval. Copies of the staff reports or other documentation relating to each it m of business referred to on the agenda are on file in the office of the City Clerk [Room P08) and in the information Office (Room 103), available for public inspection during City Hall business hours. The City Clerk will answer any questions regarding the agenda. In compliance with the Americans with Disabilities Act, If you need spec#/assistance to participate in a City meeting or other services offered by this Chy,please contact the City Manager's Office 005) 461-5010) or the City Clerk's Office (1805)4614074). Notifica- tion at least 48 hours prior to the meeting or time when services are needeq will assist the City staff in assuring that reasonable arrangements can be made to provr a accessibility to the meeting or service. I I 1 RULES OF PUBLIC PARTICIPATION: I * Members of the audience may speak on any item on the a0enda. * A person may speak for five (5) minutes. * No one may speak for a second time until everyone wishinP to speak has had an opportunity to do so. * No one may speak more than twice on any item. * Council Members may question any speaker; the speakerl may respond but, after the allotted time has expired, may not initiate further discussion. * The floor will then be closed to public participation and open for Council discussion. i Call to Order Pledge of Allegiance Roll Call City Council Comments COMMUNITY FORUM: The City Council values and encourages exchange of ideas and comments from you, the citizen. The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. To increase the effective- ness of Community Forum, the following rules will be enforced: * A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. * No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. A. COMMITTEE REPORTS (The following represent ad floc or standing commit- tees. Informative status reports will be given, as felt necessary.): • 1. S.L.O. Council of Governments 2. S.L.O. Regional Transit Authority 3. Solid/Hazardous Waste Task Force 4. City/School Committee 5. Traffic Committee 6. County Water Advisory Board 7. Economic Round Table 8. Colony Roads Committee 9. Liability Claims Review & Finance Committee 10. Nacimiento Water Purveyors Advisory Group B. CONSENT CALENDAR: All matters listed under Item B, Consent Calendar, are considered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar: 1. CITY COUNCIL MINUTES - AUGUST 24, 1993 2. CITY COUNCIL MINUTES - AUGUST 26, 1993 (Special & Continued Meeting) 2 3. FINANCE DIRECTOR'S REPORT - JULY, 1993 4. FINANCE DIRECTOR'S REPORT - AUGUST, 1993 5. RESOLUTION NO. 121-93 - Designating a stop intersection on Cortez Ave. at Maleza Ave. 6. RESOLUTION NO. 122-93 - Eliminating two crosswalks ojn Monterey Rd. at Monterey Rd. School 7. RESOLUTION NO. 123.93 - Designating a passenger loading zone at 10320 El Camino Real 8. RESOLUTION NO. 124-93 Naming that portion of State Hi0hway 41 between Route 101 and Route 1 "The E.G. Lewis Highway" C. PUBLIC HEARINGS: None D. REGULAR I SINESS: 1. FISCAL ELEMENT WORKSHOP: SET A DATE FOR A STUDY SESSION ON RESOLUTION NO. 115-93 (Verbal - Recommend Tuesday, Nov. 30, 1993) (cont'd from 9128/93) 2. CALTRANS REQUEST FOR A COMMUNITY ADVISORY COMMITTEE: HIGHWAY 41 REALIGNMENT PROJECT 3. STATUS REPORT ON THE CREEKWAY MAPPING PROGR4M 4. PROPOSAL TO PLACE A PARKS AND RECREATION COMMISSIONER ON THE CITY/SCHOOL COMMITTEE E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3 3. City Clerk 4. City Treasurer 5. City Manager 3 i e Agenda Item: B-1 Meeting Date: 10/12/93 ATASCADERO CITY COUNCIL AUGUST 24, 1993 MINUTES The meeting was called to order in the National Guard Armory at 7:05 p.m. Mayor Kudlac led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley, Borgeson, Nimmo, Luna and Mayor Kudlac Absent: None Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City Clerk City Staff Present: Henry Engen, Community Development Director; Art Montandon, City Attorney; Mark Joseph, Administrative Services Director; and Bud McHale, Police Chief COG Staff: Steve Devencenzi, Senior Planner Caltrans Staff Present: Jerry Laumer, Deputy District Director; Greg Albright, Senior Landscape Architect; Gary Ruggerone, Branch Chief Environmental Planning; Jim Alessi, Project Manager and Nevin Sams, Traffic Engineer COUNCIL COMMENTS: Councilman Nimmo commended Brian Sword and the City Streets crew for out- standing efforts in repairing damage to City streets after heavy rains in the Spring. In addition, he expressed appreciation to Mr. John Boyles for the loan and set up of electronic equipment for the meeting. CC 08/24/93 Page 1 Councilman Nimmo also shared frustration with the occurrence of numerous signs posted throughout the community, particularly on utility poles, for out-of-city condominium sales and gun shows. He indicated that he believed the City of Atascadero should send a message to out-of-town realtors and businesses that the City will adhere to and enforce its' sign ordinance. Councilman Luna inquired about the legality of a recent decision to change the date for the upcoming Planning Commission interviews. The City Attorney explained that the Mayor had asked that the special meeting previously called for Monday, August 23rd be changed to Thursday, August the 26th at the request of Councilwoman Borgeson (due to accident recovery). Councilwoman Borgeson asked for an account of the procedures for calling a special meeting. Mr. Montandon advised that provisions in the Brown Act allow the Mayor to call a special meeting and noted that appropriate notice had been given in writing to the City Council members, press and public. Council Reorganization - Appointment of Mayor and Mayor ProTem Mayor Kudlac announced that he would be stepping down as Mayor effective immediately due to travel commitments relating to his family's plans for re-locating. He noted that he would continue to serve on the City Council until August 31 st. Councilwoman Borgeson objected to Council reorganization at this time. Councilman Luna suggested that the Council postpone electing a new mayor until after Council- man Kudlac officially vacates his seat on the 31st and stated it would be appropriate for the Mayor ProTem to take over in the interim. Mayor ProTem Bewley indicated that because he was presently working out-of-town he preferred to go ahead with electing a new mayor at this time to serve out the balance of the year. Councilman Nimmo voiced support. MOTION: By Councilman Luna to nominate Councilwoman Borgeson as Mayor. Motion failed for lack of second. MOTION: By Councilman Bewley, seconded by Councilman Kudlac to nominate Councilman Nimmo as Mayor. Discussion on the motion:` Councilman Luna commented that he would not vote favorably because it is customary to rotate among the councilmembers the position of Mayor. He noted that Councilman Nimmo had already served one year as Mayor and added that Councilwoman Borgeson had not yet served as Mayor during her present term. CC 08/24/93 Page 2 . Vote on the motion: Motion to elect Councilman Nimmo as Mayor passed 4:1 (Luna). By mutual consent, it was agreed that Councilman Bewley would continue serving as Mayor ProTem. COMMUNITY FORUM: There were no comments from the public at this time. A. COMMITTEE REPORTS (The following represent ad hoc or standing commit- tees. Informative status reports were given, as follows.): 1. Economic Round Table - Mayor Nimmo reported that the Round Table had met on August 18 and received a presentation by Rex Hendrix regarding the proposed Dove Creek development. The Mayor reported that a subcommittee was formed to study the prop gsal and emphasized that the Round Table had not given any expression of approval. He also reported that Lee Rush had provided an update of conceptual plans for a minor league facility in Atascadero. He noted that the Round Table was initially in favor of the project but was anxious to see more information. B. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - JULY 13, 1993 2. CITY TREASURER'S REPORT - JULY, 1993 3. RESOLUTION NO. 104-93 - Authorizing agreement with Ford Motor Credit Co. to lease-purchase six police patrol vehicles 4. RESOLUTION NO. 103-93 -Authorizing agreement with the County of San Luis Obispo to provide Animal Control Services 5. ENGINEERING DESIGN SERVICES FOR REPLACEMENT OF WASTEWATER PUMPING STATION #1 - Award contract to Engineering Development Associates 6. TENTATIVE PARCEL MAP 18-90, 7970 SINALOA AVE. -',Acceptance of final map to establish a Planned Development Overlay zone (PD7) dividing one existing parcel of approx. one-quarter ac. into three parcels of 3,426, 3,435 CC 08/24/93 • Page 3 and 4,066 sq. ft. for single-family residential use (Best) • 7. APPROVAL OF APPLICATIONS FOR FUNDING UNDER THE TRANSPORTATION ENHANCEMENT ACTIVITIES (TEA) GRANT PROGRAM A. Resolution No. 101-93 - Approving application for funds for the TEA program under the Intermodal Surface Transportation Efficiency Act of 1991 for the acquisition of Stadium Park B. Resolution No. 102-93 - Approving application for funds for the TEA program under the Intermodal Surface Transportation Efficiency Act of 1991 for Highway 101 Landscaping The Mayor noted that 'Item #13-2, Treasurer's Report, had not been made available for review. Micki Korba, City Treasurer, provided a verbal report and charged that she was not being given current or accurate information by the Finance Department. She stated that the department had lost needed employees and asserted that the City was at very high risk with an inadequate Finance Department. Ms. Korba shared additional concern relating to the competency of current financial record-keeping processes and exclaimed that without immediate intervention she would not be able to provide an accurate and complete Treasurer's Report. Mark Joseph, Administrative Services Director, remarked that the process of closing • out the books for the past fiscal year was typically time-consuming and often resulted in late reports during this period. He indicated that it was unfortunate and added that the Finance Department was short two staff members. Councilwoman Borgeson asked staff to provide the Council with a full report in Closed Session. Mayor Nimmo agreed and requested that the Treasurers charges be presented in writing. MOTION: By Councilman Luna, seconded by Councilman Kudlac to approve Consent Calendar Items #13-1, 3, 4, 5, 6, & 7. Discussion on the motion: Councilwoman Borgeson remarked that she would abstain from approving the Minutes of the July 13, 1993 meeting because she had been absent. Vote on the motion: Motion to approve the Consent Calendar (except Item #13-2) passed 5:0. CC 08/24/93 Page 4 • . C. PUBLIC HEARINGS: 1. HIGHWAY 41 REALIGNMENT & BRIDGE REPLACEMENT' A. Resolution No. 100-93 - Endorsing Alternate A-Modified realignment of State Highway 41 and bridge replacement across the Salinas River Henry Engen introduced the item and provided background. Stege Devencenzi, COG (Council of Governments) provided clarification of proposed project funding. Greg Albright, Caltrans, outlined the primary and secondary project purposes and provided an overview of the two alternative routes studied. Additionally, he explained mitigation measures identified by the Environmental Impact Report (EIR) approved by the California Transportation Commission (CTC) in December of 1992 and reported that the realignment was now in the design phase. In conclusion, Mr. Albright announced that construction would begin in early 1997 and noted that community advisory committees would be formed to seek input on bridges and tree removal. Lengthy Council questions and comments followed. Councilman Luna argued that project approvals were given for the Alternative A Route and not the A-Modified Route. He shared concern relating to impacts on the Routes 41/101 interchange and asked why it had not been included in the project EIR. Councilman Luna asserted there had not been a public hearing on the A/A-Modified Route on July 14, 1992 despite the fact that the City Council had approved it three votes to two. To Caltrans staff, Councilman Luna inquired about';final project funding approval. Gary Ruggerone reported that the CTC would not actually vote to fund the project until after the final design, but emphasized that the project has been approved in concept and money is available. Councilman Luna continued his commentary and summarized his reasons for opposing the A/A-Modified Route. Councilman Bewley spoke in favor of the A/A-Modified Route and asked Steve Devencenzi what would happen to the funds if the project did not go through. Mr. Devencenzi read pertinent CTC policy and noted that it may reconsider projects on a case-by-case basis. He added that no new projects will be 'added to the State Transportation Improvement Plan (STIP) and commented that there are no guarantees that funding set aside for the realignment project, should it not proceed, will be spent within San Luis Obispo County. Jerry Laumer provided additional clarification relating to funding. He reported that there is no money available for interchanges at this time and speculated that any funding freed up by not undertaking the A/A-Modified project would probably be spent elsewhere because San Luis Obispo County is already over target for funded projects. CC 08/24/93 Page 5 Councilwoman Borgeson asserted that sixteen million dollars was too expensive for the community and exclaimed that Alternative B Route would meet Caltrans' primary • purpose by providing for the bridge replacement. The Mayor called a recess at 8:57 p.m. At 9:20 p.m., the meeting reconvened and the floor was opened for public commentary. Public Comments: Approximately four and one-half hours of orderly public testimony followed. Speakers were asked to form two lines and alternate comments "for" and "against". Ninety- one speakers addressed the City Council; of those thirty-one (31) favored the A/A- Modified Route and sixty (60) opposed the route and supported Alternative B. The speakers were as follows: FOR: AGAINST: George Highland Patrick Mackie* Micki Ready (representing Robert Schecter 400+ Atascadero Chamber Joseph Curtis* of Commerce Members) Wanda Frank* Jay DeCou Lindsay Hampton Carol Ball Jim Horton* Jerry Clay Jean Young Behan* Debbie Horton Livia Kellerman* Bill Horton Eric Greening* Doug Filliponi Anne Marie Kilpatrick* Mike Jackson Marty Kellerman* Richard Moen Violet Vita Eric Michielssen William Ramsier William Murphy John Warren* John Bunjay Nancy Koren* Andrew Monier Fred Frank* John Himes David Brown Sharon Harrison Judith Pett* Representative from the Nancy Rice* Local Laborer's Construe- John Trumble tion Union Joan O'Keefe* Neb Thompson Rose Flaherty* Whitey Thorpe Daphne Fahsing* Rex Hendrix James Patterson* CC 08/24/93 Page 6 B FOR: AGAINST: i * Richard Shannon Barbara Rose Gerry Lizelle Jean Paul Tiscareno* Maggie Vandergon Becky Williams* Frank Henderson Mandy Williams* Al Gustason Barbara Clerks* Robert Lilley Donald Stegman* F.J. Raye Geraldine''!Brasher* Leora Water Gary Hoskin Howard Gaylord Peter Boonisar* Margaret Gaylord Linda Stewart* Doug Scheffer Peter Stewart* Irene Bishop* Craig Dobbs* Victor Jimenez* Carol DeHart* Karen Cohiglio* Stephen LaSalle* Craig Morsn* Steve Holm* Karen Riggs* Nancy Hyman* iMarty U'Ren* Pat Frank Gidi Pullers* o Pamala Holm* Rebecca Kole Harriet Boonisar* John McNeil* Bob Powers* Dorothy McNeil* Robin Dilworth* Ursula Lufna, on behalf of Atascaadero Homeowners Assn.* Kenneth Rice* Raymond'' Jansen* Tonga McGill* 011ie Bishop (* - indicates written statement submitted - on file with the City Clerk) (o - indicates petition submitted with 1 ,658 signatures - on file '';with the City Clerk) CC 08/24/93 Page 7 The following one hundred 0 00) individuals submitted, but did not read, statements in opposition to the A/A-Modified Route (in random order): Douglas Lewis Duronda Smith Kate Leonard William Fox Ethel Pett Edward & Dianna Lakjer John Horton Sheree Ricketts Scott Alexander Carolyn Pressley G. Michael Westwick Alden Shiers Mike & Laurie Joy P. Molloy Oda Ferguson Rebecca Cunningham Roger Zachary M.S. "Stubbie" Fasig Donald Wilson Thomas Rice, Jr. Norm Rogers Michael Osten Judy Wilson Florence Hawes Katharine Barthels Eileen Cunningham Ernest, Janice & Kaleen Perlich Dorothy Smith Edward Allred Lesa Jones Brian La Salle E. Craig Cunningham Bunny Stanfield James Johnston Catharine Young Joan Saueressig Charles Hawes Anna Johnston Barbara Alward Virgina Powers Celia & Roy Moss Alisha Layugan Dawn Rice Ana Hartig-Ferrer Brian & Letha Musgrave Nancy Charters Frank Garcia Russell Goodrich Barbara Schoenike Joseph Hampton James & Ellen Hyde Ursula Luna Patrice Powers Beverly Orton Donald Hartig Tony Rector-Cavagnaro Diana Boswell Robert Behan Riley McGinnis Elnora Garcia William Lewis Marie Roberts Lyndell Henderson Irene Wade John & Shiela Beccia Roy King Melanie Cohen Paula Motlo Katherine & James Baker Matthew Lynch Robert Huot Daniel Smith Judith McKrell Llunos Rees Jansen Helen Ricci & Eleanora Cadman Richard & Catherine Ramsey Robert West Christine & James Sedley /Diane Gouff CC 08/24/93 Page 8 Jill Austin Cindy Spencer Paul Rose Jill Stegman David Broadwater Bob Hewitt Ruby Gorman Lorna Sytsma Paul Hyman In addition, a petition opposing the A/A-Modified Route was submitted bearing the following signatures: K.L. Muther, Steve Erlanson, O.J. Brewer, William Jones, Stephen J. Hopper and Sandra V. Conroy. (Petition on file with ''the City Clerk). ---End of Public Testimony--- Councilwoman Borgeson read into the record a petition opposing Alternate A and in support of Alternate B signed by the following eleven (11) individuals: Sarah Gronstrand, Caren Cook, Mary Sherlock, Mary Pearson, Martha Shiers, Joyce Q. Ramirez, Anne Marie Kirkpatrick, Lilyan Nance, Dorothy Bench, Martha J. Ramusson and Audrey W. Moore. (Petition on file with the City Clerk). MOTION: By Councilman Bewley, seconded by Councilman Kudlac to adopt Resolution No. 100-93 endorsing Alternate A-Modified realignment of State Highway 41 and bridge replacement across the Salinas River. Discussion on the motion: Councilwoman Borgeson highlighted' the concerns 9 shared by the public and asked for assurance from Caltrans staff that this information would be forwarded to the COG. Vote on the motion: Motion to endorse the A/A-Mollified Route passed 3:2 (Councilmembers Borgeson and Luna opposed).'; Because of the late hour, the following two items were continued to Thursday, August 26, 1993: 2. URGENCY ORDINANCE NO. 272 - Amending the Atascadero Municipal Code defining dangerous weapons and prohibiting hunting within the City limits (City Council-initiated) (Cont'd from 8/10/93) 3. TECHNICAL ASSISTANCE GRANT: ECONOMIC DEVELOPMENT - First of two required hearings CC 08/24/93 • Page 9 Agenda Item: B-2 Meeting Date: 10/12/93 ATASCADERO CITY COUNCIL •:is{.:G:4i:•:{?iiY::i:::::.x{•iii::+ii.•i::n:•ii.{{vtii3ti V:fi}ii:i::4:ii:•i......... ::::. AUGUST 26, 1993 MINUTES The Mayor called the meeting to order at 7:25 p.m. in the Club doom. ROLL CALL: Present: Councilmembers Bewley, Borgeson, Kudlac, Luna and Mayor Nimmo Absent: None Also Present: Muriel "Micki" Korba, City Treasurer arSd Lee Raboin, City Clerk Staff Present: Andy Takata, City Manager/Director of Community Services;Steve DeCamp, City Planner,Art Montandon, City Attorney; and Mark Joseph, Administrative Services Director Mayor Nimmo announced that Item #C-1 had been continued, at the request of staff, for more review. No date was set certain for the matter to return. A. SPECIAL MEETING: 1. PLANNING COMMISSION INTERVIEWS AND APPOINTMENTS: A. Interviews B. Selection C. Resolution No. 105-93 - Appointing two members of the public to the City's Planning Commission SPCC 08/26/93 Page 1 The City Council interviewed the following applicants: Dale Cradduck, William Zimmerman, Marcia Torgerson, Rush Kolemaine, Roberta Fonzi, George Schroff, Chris Bonnema, Donna Wallace, Allan Weaver, Doug Byles, Glenn Horn and Ron Gallo. Pursuant to selection guidelines set forth in Resolution No. 35-81, the City Council completed two rounds of balloting resulting in the following appointments: Donna Wallace to serve a four-year term and Chris Bonnema to serve the remaining two years of an unexpired term left vacated by Commissioner Roger Miller. MOTION: By Councilwoman Borgeson, seconded by Councilman Kudlac to adopt Resolution No. 105-93 appointing Donna Wallace and Chris Bonnema to the Planning Commission; motion carried unanimously by roll call vote. B. CONTINUED PUBLIC HEARINGS: 1. URGENCY ORDINANCE NO. 272 - Amending the Atascadero Municipal Code defining dangerous weapons and prohibiting hunting within the City limits (City Council-initiated) (Cont'd from 8/24/93) Item continued (see page 1). 2. TECHNICAL ASSISTANCE GRANT: ECONOMIC DEVELOPMENT - First of two required hearings (Cont'd from 8/24/93) 0 Mark Joseph presented the staff report and responded to brief questions. There were no comments from the public. No action was taken. The second of the two required public hearings will be held on Tuesday, September 14, 1993. C. CONTINUED REGULAR BUSINESS: 1. DISCUSS FILLING COUNCIL VACANCY (Cont'd from 8/24/93) Brief Council discussion ensued regarding the vacancy created by the resignation of Councilmember Marty Kudlac effective August 31, 1993. The City Clerk noted that the City Council, pursuant to State Law, must either make an appointment or call a special election no later than September 30, 1993. There was general consensus to direct the City Clerk to open a recruitment soliciting interested applicants to fill the City Council vacancy. Staff was asked to bring the matter of selecting an interview to the City Council at their regular meeting of September 14, 1993. SPCC 08/26/93 Page 2 i 2. SELECT VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES . ANNUAL CONFERENCE, OCTOBER 16-19, 1993 (Cbnt'd from 8/24/93) The City Council mutually consented to designate Mayor Nim mo as the voting delegate for the League Annual Conference. Councilwoman Borgoson was appointed the alternate. D. CONTINUED CLOSED SESSION: City Council will adjourn to a Closed Session for purposes of discussion regarding pending litigation, entitled Whitaker v. Citv of Atascadero, pursuant to Government Code Section 54956.9. Art Montandon added an item of pending litigation entitled, City v. Fluitt. At 11 :35 p.m., the City Council adjourned the Open Session to Closed Session. MINUTES RECORD AND PREPARED BY: RABOIN, City terk SPCC 08/26/93 Page 3 0 REPORT TO CITY COUNCIL Agenda Itemj � j ` CITY OF ATASCADERO Through: Andy Takata, City Manager Meeting Date: 10/12/93 From: Mark Joseph, Administrative Services Director� SUBJECT: Accepting the Finance Director' s Report for July and August, 1993 RECOMMENDATION: For Council review only BACKGROUND/ANALYSIS: 1. Introduction - Attached are the reports for both July and August, 1993. The graphs on the final page is for August only, insofar as they reflect year-to-date comparisons. There have been a number of changes in how the City's books are being managed, particularly from month-to-month;. This reflects the Department' s ongoing efforts to move more towards proper accrual accounting. This also provides Counvil and the general public better and more useful information on a more timely basis--ie, monthly rather than annually. • Some of the specific changes are briefly noted' as follows. Depreciation is expended for enterprise funds each month, instead of at year-end. In addition, interest payable, revenues received through the County and large prepaid expenses are accrued monthly. This will even out the revenue and expenditure patterns, which improves prior year comparisons. U1'afortunately, since this is the first year this is being done, current prior year comparisons may be misleading. Furthermore, the year-end closing process for FY 1992-93 was modified so that transactions that occurred in July, (but really should be accrued to June) were reversed in July; likewise, August transactions were reversed in August. Last year, both July and August were posted in August. The approach taken this year is more precise and will improve future comparisons. One final point to be made is that the ongoing;, month-end closing process has been significantly streamlined.' Due to changes in how the Department handles cash transactions, including Electronic Fund Transfers (EFTs) from the, State, many of the month-end journals have been eliminated. Ia addition, "auto-journals" have been created which also eliminate many of the manual journals. The end result is that the process is shortened on the one hand and errors are less likely to occur on the other. 2. Fund Balances - As can be seen from Table One of either July or August, many of the operating funds are starting with negative fund balances. In the case of the General Fund, the current year budget includes both an operating contingency as well as a $100, 000 year-end surplus. As for the other funds, closer monitoring and/or fee adjustments may be warranted. Table One also shows receipt of bond proceeds from the Camino Real Assessment District. In September, proceeds from the Las Encinas/3-F Meadows District will also be included. Although significant in amount, both funds include offsetting debt liabilities. 3. General Fund Revenues - Most of the revenues are being received as planned. Sales Tax revenue may be lagging behind, but it is still early in the fiscal year (September' s receipts will be a better indicator) . Other Fees and Charges include Weed Abatement, which does not arrive until December. Most Investment Earnings are posted quarterly. Comparing this year' s revenues against last year, three observations need to be made. First, last year' s Property Tax included prior year amounts. Under the new Teeter Plan, the City will receive a lump sum for all prior year property tax revenue (roughly $275, 000) , and this has not yet occurred. Second, Construction Fee revenue is actually ahead of last year, which suggests that the local economy may finally be picking up some momentum. Third, Intergovernmental revenues are misleading • because the State refused to release any State Subventions until September, 1992. Accordingly, next month' s report will be a more accurate comparison. 4 . General Fund Expenditures - Overall, most departments are running at or below budget. Parks and Fire tend to run higher at the beginning of the fiscal year, due to summer workloads. The liability insurance premium in Risk Management is approximately $13, 000 higher than originally budgeted, which explains the variance in that program. Referring to prior year comparisons (Figure 2) , Police and Fire are running higher due primarily to restoring the salary and benefits that public safety employees voluntarily waived last year, in addition to the increases for this fiscal year, pursuant to their negotiated M.O.U. ' s. In the case of Fire, an additional expense relates to the Weed Abatement program, but such expenditures are recouped through fees. The drops in Community Development/Public Works and Community Services actually reflect the fact that last year' s layoffs did not take effect until November, 1992. The dramatic drop in Administrative Services is actually the result of accruing the liability premium in Risk Management this year, instead of expending the complete amount in July. This year' s action is more in line with proper accrual accounting. (It , u p should also be noted that the Department' s expenditures are in fact less than last year, owing to two vacancies. ) ', For purposes of Figure 2, Code Enforcement is ',included with General Government. In summary, this year' s revenues are running higher than last year, while it' s expenditures are running less. This is consistent with the overall budget plan of restoring the General Fund' s reserves, as recommended by the City Manager and adopted by Council last July, 1993. • FINANCE DIRECTOR'S REPORT FOR JULY, 1993 (8.3%) TABLE ONE: SCHEDULE OF CHANGES IN SELECTED FUND BALANCES, BY FUND 7/1/93 YR-TO-DATE YR-TO-DATE YR-TO-DATE FUND NAME BALANCE REVENUES EXPENSES BALANCE General Fund (61,830) 185,667 451,346 (327,509) Gas Tax (2,913) 0 16,615 (19,528) Zoo Operations (35,606) 19,564 13,494 (29,537) Dial-A-Ride (73,209) 2,442 11,290 (82,056) Wastewater 1,945,442 9,669 64,777 1,890,334 Lake Pavilion (21,796) 2,255 3,639 (23,180) Aquatics (3,597) 7,357 9,893 (6,133) Recreation (13,458) 29,072 30,708 (15,093) Tree Planting Trust 31,157 0 0 31,157 Sidewalk Trust 42,966 0 0 42,966 A.D. #3 - Debt Service 10,749 0 0 10,749 A.D. #4 - Debt Service 108,358 0 5,100 103,258 A.D. #5 - Debt Service 51,309 0 315 50,994 Camino Real Debt Srvc 0 369,000 13,664 355,336 Las Encinas/3F Debt Srvc 0 0 3,568 (3,568) C.O.P. Debt Service 230,694 1,092 71,058 160,728 Capital Projects Fund (38,702) 399 4,964 (43,267) Camino Real A.D. Const. 0 1,731,000 171,180 1,559,820 Las Encinas A.D. Const. 0 72,881 0 72,881 3F Meadows A.D. Const. 0 32,583 0 32,583 Police Impact Fee (119,060) 769 0 (118,291) Fire Impact Fee 197,884 2,749 0 200,633 Parks Impact Fee (239,203) 4,417 0 (234,787) Drainage Impact Fee 347,345 2,118 0 349,463 Amapoa-Tecorida Fund 185,934 1,106 0 187,040 Streets & Bridges Impact 317,040 4,577 0 321,617 St. Maint. Districts 41,218 0 0 41,218 TDA/Non-Transit 218,779 0 0 218,779 ----------------------------------------------- TOTALS 3,119,502 2,478,715 871,610 4,726,607 NOTES: 1. 7/01/93 Fund Balances are based on the City's financial statements for the fiscal year ending June 30, 1993. They have not yet been verified -by the outside auditors. 2. The 7/01/93 Fund Balance figures represent either the Unreserved Fund Balance, or in the case of Enterprise Funds, the fund's Retained Earnings (less Investment in Fixed Assets) . This figure best represents what is available for use within that particular fund. Debt Service funds include reserves for debt service. 3. Information regarding the COP Debt Service Fund generally lags by one month, based on when data is received from the Trustee. 4. Park Concessions Fund was merged into the Recreation Fund 7/1/93. 5. Source: Income Statement Report by Fund (GLIS) , dated 10/7/93. FINANCE DIRECTOR'S REPORT FOR JULY, 1993 (8.3%) TABLE TWO: BUDGET-TO-ACTUAL COMPARISON, GENERAL FUND ONLY FY 93-94 BALANCE PCT. OF REVENUE/EXPENDITURE BUDGET YR-TO-DATE REMAINING f BUDGET ----------------------------------------------------------- Property Taxes 2,450,000 0 2,450,000 '' 0.0% Sales Tax 1,900,000 50,318 1,849,682 ''„ 2.6% Transient Occupancy Tax 163,500 0 163,500 0.0% Franchise Fees 403,000 0 403,000 '' 0.0% Other Taxes 40,050 3,621 36,429 9.0% Business Licenses 110,000 11,955 98,045 10.9% Construction Permits 382,965 17,760 365,205 ': 4.6% Motor Vehicle In-Lieu 800,000 72,408 727,592 9.1% Other State Subventions 56,700 253 56,447 'i 0.4% Other Intergovernmental 118,500 0 118,500 0.0% Planning & Eng. Fees 89,950 6,494 83,456 7.2% Other Fees & Charges 80, 150 960 79,190 1.2% Fines & Forfeitures 38,075 210 37,865 0.6% Investment Earnings 186,450 325 186,125 '' 0.2% Other Revenues 57,150 6,779 50,371 11.9% Transfers In 180,000 14,583 165,417 8.1% ----------------------------------------------- TOTAL REVENUE 7,056,490 185,667 6,870,823 2.6% Council/Clerk/Treasurer 103,517 4,636 98,881 4.5% • City Attorney 65,000 2,706 62,294 '' 4.2% City Manager 167,404 7,806 159,598 4.7% Personnel 61,514 3,664 57,850 I" 6.0% Police 2,333,406 167,164 2,166,242 7.2% Fire 1,294,275 74,387 1,219,888 5.7% Public Works 185,409 3,926 181,483 '; 2.1% Community Development 533,662 33,441 500,221 6.3% Code Enforcement 25,150 1,410 23,740 5.6% Community Services/Admin 48,700 1,410 47,290 2.9% Parks 277,151 22,427 254,724 '' 8.1% Building Maintenance 164,502 10,287 154,215 '' 6.3% Streets 215,426 8,924 206,502 ± 4.1% Finance 230, 156 13,474 216,682 5.9% Risk Management 252,636 32,691 219,945 12.9% Non-Departmental 654,410 55,076 599,334 8.4% Transfers Out 193,000 7,917 185,083 f 4.1% ----------------------------------------------- TOTAL EXPENDITURES 6,805,318 451,346 6,353,972 'V 6.6% NOTES: 1. Construction Permits revenue includes Plan Check Fees. 2. Budgeted figures were adopted by Council in July, 1993. 3. The City Manager's Office includes Economic Development 4. The $150,000 Contingency is not included in Expenditures',. 5. Source: Income Statement Report/Selective comparison (GEIS), dated 10/7/93. FINANCE DIRECTOR'S REPORT FOR JULY, 1993 (8.3%) TABLE THREE: PRIOR YEAR COMPARISON, GENERAL FUND ONLY CURRENT PRIOR PCT. REVENUE/EXPENDITURE MONTH YR-TO-DATE YR-TO-DATE CHANGE Property Taxes 0 0 0 ERR Sales Tax 50,318 50,318 50,991 -1.3% Transient Occupancy Tax 0 0 0 ERR Franchise Fees 0 0 0 ERR Other Taxes 3,621 3,621 0 ERR Business Licenses 11,955 11,955 9,073 31.8% Construction Permits 17,760 17,760 16,747 6.0% Motor vehicle In-Lieu 72,408 72,408 0 ERR Other State Subventions 253 253 0 ERR other Intergovernmental 0 0 20,010 -100.0% Planning & Eng. Fees 6,494 6,494 4,580 41.8% Other Fees & Charges 960 960 716 34.1% Fines & Forfeitures 210 210 215 -2.3% Investment Earnings 325 325 359 -9.5% Other Revenues 6,779 6,779 76 8819.5% Transfers In 14,583 14,583 14,370 1.5% ----------------------------------------------- TOTAL REVENUE 185,667 185,667 117,137 58.5% Council/Clerk/Treasurer 4,636 4,636 (4,347) -206.7% City Attorney 2,706 2,706 (5,570) -148.6% . City Manager 7,806 7,806 9,327 -16.3% Personnel 3,664 3,664 3,630 0.9% Police 167, 164 167, 164 130,057 28.5% Fire 74,387 74,387 70,889 4.9% Public works 3,926 3,926 10,744 -63.5% Community Development 33,441 33,441 44,321 -24.5% Code Enforcement 0 0 4,175 -100.0% Community Services/Admin 1,410 1,410 1,722 -18.1% Parks 22,427 22,427 16,553 35.5% Building Maintenance 10,287 10,287 9,477 8.5% Streets 8,924 8,924 24,226 -63.2% Finance 13,474 13,474 17,520 -23.1% Risk Management 32,691 32,691 180,123 -81.9% Non-Departmental 55,076 55,076 (41,258) -233.5% Transfers Out 7,917 7,917 12,672 -37.5% ----------------------------------------------- TOTAL EXPENDITURES 449,935 449,935 484,261 -7.1% NOTE: The same footnotes from Table Two apply to Table Three. R FINANCE DIRECTOR'S REPORT FOR JULY, 1993 (8.3%) IV NOTES TO THE FINANCE DIRECTOR'S REPORT: k, 1. The numbers in the Treasurer's Report are cash based; this ''report is accrual-based. Thus, the Treasurer's Report measures cawsh actually received or spent during the month; this report presents revenues earned or expenditures incurred, regardless of when the actual receipt or disbursement occurs. As a result, figures from the two reports will not always tie-in together. I, Mark Joseph, do hereby certify that the above information is accurate and reflects the city's financial position for the period specified. However, the information in this report is unaudited, and may therefore be subject to future revisions. Mark Joseph, Finance Director • FINANCE DIRECTOR'S REPORT FOR AUGUST, 1993 (16.7%) TABLE ONE: SCHEDULE OF CHANGES IN SELECTED FUND BALANCES, BY FUND 7/1/93 YR-TO-DATE YR-TO-DATE YR-TO-DATE FUND NAME BALANCE REVENUES EXPENSES BALANCE General Fund (61,830) 491,594 927,918 (498,154) Gas Tax (2,913) 46,130 56,374 (13,157) Zoo Operations (35,606) 37,545 35,954 (34,016) Dial-A-Ride (73,209) 7,135 42,380_ (108,454) Wastewater 1,945,442 17,131 140,190 1,822,383 Lake Pavilion (21,796) 6,360 6,366 (21,802) Aquatics (3,597) 11,843 22,327 (14,082) Recreation (13,458) 55,159 73,764 (32,063) Tree Planting Trust 31,157 0 56 31,101 sidewalk Trust 42,966 0 0 42,966 A.D. #3 - Debt Service 10,749 0 0 10,749 A.D. #4 - Debt Service 108,358 0 45,201 63,158 A.D. #5 - Debt Service 51,309 0 36,630 14,679 Camino Real Debt Srvc 0 369,000 25,272 343,728 Las Encinas/3F Debt srvc 0 0 7,136 (7,136) C.O.P. Debt Service 230,694 2,183 82,115 150,761 Capital Projects Fund (38,702) 1,140 28,547 (66,109) Camino Real A.D. Const. 0 1,731,000 171,180 1,559,820 Las Encinas A.D. Const. 0 72,881 0 72,881 3F Meadows A.D. Const. 0 32,583 0 32,583 Police Impact Fee (119,060) 4,796 0 (114,264) Fire Impact Fee 197,884 6,882 0 204,766 Parks Impact Fee (239,203) 13,675 0 (225,528) Drainage Impact Fee 347,345 7,885 0 355,230 Amapoa-Tecorida Fund 185,934 5,322 0 191,256 Streets & Bridges Impact 317,040 19,718 0 336,758 St. Maint. Districts 41,218 0 0 41,218 TDA/Non-Transit 218,779 0 0 218,779 ----------------------------------------------- TOTALS 3,119,502 2,939,961 1,701,409 4,358,054 NOTES: 1. 7/01/93 Fund Balances are based on the City's financial statements for the fiscal year ending June 30, 1993. They have not yet been verified by the outside auditors. 2. The 7/01/93 Fund Balance figures represent either the Unreserved Fund Balance, or in the case of Enterprise Funds, the fund's Retained Earnings (less Investment in Fixed Assets) . This figure best represents what is available for use within that particular fund. Debt service funds include reserves for debt service. 3. Information regarding the COP Debt service Fund generally lags by one month, based on when data is received from the Trustee. 4. Park Concessions Fund was merged into the Recreation Fund 7/1/93. 5. Source: Income Statement Report by Fund (GLIS) , dated 10/7/93. FINANCE DIRECTOR'S REPORT FOR AUGUST, 1993 (16.7%) TABLE TWO: BUDGET-TO-ACTUAL COMPARISON, GENERAL FUND ONLY FY 93-94 BALANCE ^, PCT. OF REVENUE/EXPENDITURE BUDGET YR-TO-DATE REMAINING BUDGET ------------------------------------------------------------- Property Taxes 2,450,000 3,321 2,446,679 0.1% Sales Tax 1,900,000 213,218 1,686,782 11.2% Transient Occupancy Tax 163,500 0 163,500 0.0% Franchise Fees 403,000 0 403,000 0.0% Other Taxes 40,050 8,418 31,632 21.0% Business Licenses 110,000 15,462 94,538 14.1% Construction Permits 382,965 49,809 333,156 13.0% Motor Vehicle In-Lieu 800,000 128,909 671,091 16.1% Other State Subventions 56,700 486 56,214 0.9% Other Intergovernmental 118,500 9,431 109,069 8.0% Planning & Eng. Fees 89,950 10,146 79,805 11.3% Other Fees & Charges 80,150 2,048 78,102 2.6% Fines & Forfeitures 38,075 2,951 35,124 7.8% Investment Earnings 186,450 724 185,726 0.4% Other Revenues 57,150 12,505 44,645 21.9% Transfers In 180,000 34,167 145,833 19.0% TOTAL REVENUE 7,056,490 491,594 6,564,896 7.0% Council/Clerk/Treasurer 103,517 9,073 94,444 8.8% City Attorney 65,000 5,571 59,429 8.6% City Manager 167,404 17,289 150,115 10.3% Personnel 61,514 7,861 53,653 12.8% Police 2,333,406 331,515 2,001,891 14.2% Fire 1,294,275 198,468 1,095,807 15.3% Public works 185,409 13,207 172,202 7.1% Community Development 533,662 72,491 461,171 13.6% Code Enforcement 25,150 3,129 22,021 12.4% Community Services/Admin 48,700 3,129 45,571 6.4% Parks 277,151 49,909 227,242 18.0% Building Maintenance 164,502 22,751 141,751 13.8% Streets 215,426 15,980 199,446 7.4% Finance 230,156 28,766 201,390 12.5% Risk Management 252,636 52,700 199,936 1 20.9% Non-Departmental 654,410 80,247 574,163 12.3% Transfers Out 193,000 15,833 177,167 8.2% TOTAL EXPENDITURES 6,805,318 927,918 5,877,400 13.6% NOTES: 1. Construction Permits revenue includes Plan Check Fees. 2. Budgeted figures were adopted by Council in July, 1993. 3. The City Manager's office includes Economic Development. '', 4. The $150,000 Contingency is not included in Expenditures '. 5. Source: Income Statement Report/Selective Comparison (GLIS) , dated 10/7/93. FINANCE DIRECTOR'S REPORT FOR AUGUST, 1993 (16.7%) TABLE THREE: PRIOR YEAR COMPARISON, GENERAL FUND ONLY CURRENT PRIOR PCT. REVENUE/EXPENDITURE MONTH YR-TO-DATE YR-TO-DATE CHANGE Property Taxes 3,321 3,321 26,844 -87.6% Sales Tax 162,900 213,218 218,391 -2.4% Transient Occupancy Tax 0 0 0 ERR Franchise Fees 0 0 6,080 -100.0% Other Taxes 4,796 8,418 3,364 150.2% Business Licenses 3,508 15,462 11,495 34.5% Construction Permits 32,049 49,809 31,470 58.3% Motor vehicle In-Lieu 56,501 128,909 0 ERR Other State Subventions 233 486 0 ERR Other Intergovernmental 9,431 9,431 51,045 -81.5% Planning & Eng. Fees 3,652 10,146 10,010 1.4% Other Fees & Charges 1,088 2,048 1,639 24.9% Fines & Forfeitures 2,741 2,951 4,823 -38.8% Investment Earnings 400 724 1,536 -52.8% Other Revenues 5,726 12,505 6,803 83.8% Transfers In 19,583 34,167 28,740 18.9% ----------------------------------------------- TOTAL REVENUE 305,928 491,594 402,240 22.2% Council/Clerk/Treasurer 4,436 9,073 11,621 -21.9% City Attorney 2,866 5,571 3,840 45.1% City Manager 9,483 17,289 20,187 -14.4% Personnel 4,197 7,861 8,246 -4.7% Police 164,350 331,515 318,714 4.0% Fire 124,081 198,468 168,387 17.9% Public Works 9,281 13,207 28,488 -53.6% Community Development 39,050 72,491 94,639 -23.4% Code Enforcement 0 0 8,694 -100.0% Community Services/Admin 1,718 3,129 4,753 -34.2% Parks 27,482 49,909 48,726 2.4% Building Maintenance 12,464 22,751 22,750 0.0% Streets 7,056 15,980 57,312 -72.1% Finance 15,292 28,766 36,979 -22.2% Risk Management 20,009 52,700 184,130 -71.4% Non-Departmental 25,171 80,247 90,751 -11.6% Transfers Out 7,917 15,833 25,344 -37.5% ----------------------------------------------- TOTAL EXPENDITURES 474,854 924,789 1,133,561 -18.4% NOTE: The same footnotes from Table Two apply to Table Three. 1 p FINANCE DIRECTOR'S REPORT FOR AUGUST, 1993 (16.7%) NOTES TO THE FINANCE DIRECTOR'S REPORT: 1. The numbers in the Treasurer's Report are cash based; this '!report is accrual-based. Thus, the Treasurer's Report measures cash actually received or spent during the month; this report presents revenues earned or expenditures incurred, regardless of when the actual receipt or disbursement occurs. As a result, figures from the two reports will not always tie-in together. I, Mark Joseph, do hereby certify that the above information is accurate and reflects the City's financial position for the period specified. However, the information in this report is '; unaudited, and may therefore be subject to future revisions. Mark Joseph, Finance Director General Fund Revenues by Type Fiscal Year 1994 vs. 1993 250 200 950 r 900 50 D Prop Tax Other TaxesIntergovt Ml— Rev Sales Tax Corst Fees Other Fees Current YTD BE Prior YTD Source: Finance Dept (GLIS Report) Figure 1: August, 1993 Revenues General Fund Expenditures by Department Fiscal Year 1994 vs. 1993 350 300 250 m 200 0 N ' F r 950 900 s0 on ONE D Gen'I Govt Fire Com Svc Trans Out Poi IcB com Dev/PW AW Svc-WD Current YTD ®Prior YTD Source: Finance Dept (GLtS Report) Figure 2: August, 1993 Expenditures 4 REPORT TO CITY COUNCIL Meetingg" Date: 10-12-93 • CITY OF ATASCADERO Agendra Item: B-S Through: Andy Takata, City Manager via: Henry Engen, Director of Community Devlelopment From: Valerie Humphrey, Engineering Division; SUBJECT: Installation of Stop Sign on Cortez Avenue atMaleza Avenue. RECOMMENDATION: The Traffic Committee recommends that Council adopt Resolution No. 121-93 authorizing this installation. DISCUSSION: These streets were recently improved as i condition of development. It is the consensus of the Committee that a stop sign is now appropriate to provide for traffic safety. '.'. OPTIONS: 1) Adopt Resolution No. 121-93 2) Deny Resolution NO. 121-93 3) Return to Traffic Committee for further 'review FISCAL IMPACT: The cost of this installation will be approximately $100. 00 to be paid out of currently budgeted funds. 000003 RESOLUTION NO. 121-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A STOP INTERSECTION ON CORTEZ AVENUE AT THE INTERSECTION WITH MALEZA AVENUE WHEREAS, Section 4-2 .801 et seq. of the Atascadero Municipal Code allows the City Traffic Engineer to determine the location of STOP intersections, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Atascadero Traffic committee has recommended that Establishing a STOP intersection on Cortez at Maleza will improve traffic safety. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings indicating STOP intersection as shown on attached Exhibit "A" . On motion by Councilmember and seconded by Councilmember the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: • ABSENT: ADOPTED: ATTEST: LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor APPROVED AS TO FORM: ARTHER MONTANDON City Attorney APPROVED AS TO CONTENT: HENRY ENGEN Director of Community Development 000004 EXy�ri3/ T "�4 �v F f 000005 • REPORT TO CITY COUNCIL Meeting �Date: 10-12-93 CITY OF ATASCADERO Agenda: Item: B-6 Through: Andy Takata, City Manager via: Henry Engen, Director of Community Development From: Valerie Humphrey, Engineering Division ', SUBJECT: Removal of crosswalks at Monterey Road School.0 RECOMMENDATION: The Traffic Committee recommends that Council adopt Resolution NO. 122-93 authorizing the removal of these crosswalks. DISCUSSION: There are currently 3 crosswalks between the',', Monterey Road School and the bridge over Graves Creek. It is recommended that two of these be eliminated formally. One of these crosswalks, the • one closest to the school, was "moved" in 1989 and has not been repainted since but still needs to be abandoned formally. The other crosswalk is next to the new bridge and does not align correctly with the newly provided sidewalk on the bridge. At a future date the Committee will ask Council to locate a new crosswalk on the north side of the bridge. OPTIONS: 1) Approve Resolution No. 122-93 2) Deny Resolution No. 122-93 hl 3) Return to Committee for further review FISCAL IMPACT: The crosswalk painting will need to be ground off at a cost of approximately $600 to be paid out of currently budgeted funds. cc: Mr. Rolfe Nelson • Principal, Monterey Road School 000006 RESOLUTION NO. 122-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ELIMINATING TWO CROSSWALKS ON MONTEREY ROAD AT MONTEREY ROAD SCHOOL WHEREAS, construction of the new Graves Creek Bridge at Monterey Road provides a sidewalk on the east side of the bridge which is designed to route pedestrians across the bridge to a crosswalk on the north side of the bridge; and WHEREAS, a crosswalk exists on the south side of the bridge which is now in an inappropriate location relative to the sidewalk; and; WHEREAS, a crosswalk also exists adjacent to the entrance to the school parking lot which has not been in use since the installation of another crosswalk which better suits the needs and safety of the students. WHEREAS, Section 4-2.407 et. seq. of the Atascadero Municipal Code allows the City Traffic Engineer to eliminate any traffic control device when it is determined that the conditions which warranted the installation no longer exist or apply; and NOW, THEREFORE, BE IT RESOLVED that the crosswalks designated on attached Exhibit "A" be removed. On motion by Councilmember and seconded by Councilmember , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: City of Atascadero LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor 00000'7 Resolution No. 122-93 page two APPROVED AS TO FORM: ARTHER MONTANDON City Attorney APPROVED AS TO CONTENT HENRY ENGEN Director of Community Development • • 000008 • GRAVES CREEK MONTESSORI SCHOOL BRIDGE REMOVE - - - EXISTING SIDEWALK LEAVE- - MONTEREY ROAD SCHOOL REMOVE - - 00000,q REPORT TO CITY COUNCIL Meeting bate: 10-12-93 CITY OF ATASCADERO Agenda Item: B-7 Through: Andy Takata, City Manager Via. Henry Engen, Director of Community Development From: Valerie Humphrey, Engineering Division SUBJECT: k Establishment of a passenger loading zone at 110320 E1 Camino Real. RECOMMENDATION: Traffic Committee recommends that Council adopt attached Resolution No. 123-93. DISCUSSION: This request was received from Ms. Kelli Kelefe, owner of Keefe's Kottage, a residential board and care facility for disabled adults. Three public and private agency transit systems provide transportation for the residents daily. If vehicles are parked at the curb the bus is unable to safely stop for loadinc and unloading of the passengers. It was determined by the Committee that adequate loading area could be provided by using the existing driveway width and adding a 20' section to the south of the driveway. This alternative would provide the area needed while maintaining most of the current on- street parking. OPTIONS1. 1) Adopt Resolution No. 123-93 2) Deny Resolution No. 123-93 , 3) Return to the Traffic Committee for review FISCAL IMPACT: The cost of this modification will be approximately $50. 00 to be paid out of currently budgeted funds. • 00001.0 RESOLUTION NO. 123-93 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A PASSENGER LOADING ZONE AT 10320 EL CAMINO REAL WHEREAS, Section 4-2.1201, et. seg. . of the Atascadero Municipal Code allows the City Traffic Engineer to designate "Loading Zone" areas, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Traffic Committee has determined that establishing a passenger loading zone at 10320 E1 Camino Real will provide space for the use of transit vehicles needed at this board and care facility. NOW THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings to provide for a passenger loading zone as described on attached Exhibit "A". On motion by , and seconded by , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor APPROVED AS TO FORM: ARTHER MONTANDON City Attorney APPROVED AS TO CONTENT: HENRY ENGEN Director of Community Development 000011 EXHIBIT "A" I j i II i i i Qi W �i KEEFE'S KOTTAGE • o z i 20 � k i t I r 1 W i i t i 3 i I 0 o0oaa REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-8 From: Andrew J. Takata, City Manager Meeting Date: 10/12/93 SUBJECT: Resolution supporting the naming of that portion of Istate Highway 41 between Route 101 and Route 1 "The E.G. Lewis Highway" RECOMMENDATION: Staff recommends that the City Council approve Resolution No. 1,24-93. BACKGROUND: The Historical Society has forwarded this proposed resolution, which was approved by their board, to name Highway 41 between Routes 101 and 1 "The E.G. Lewis Highway". Precedent has been set by the State having recently named Highway 46 between Route 101 and 1 "The Eric Seastrand Highway". Morro Road between Atascadero and Atascadero State Beach (now called Morro Strand was created by E.G. Lewis for residents of the colony to utilize the beach area. AT:cw a Attachment: Resolution No. 124-93 000013 RESOLUTION NO. 124-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, SUPPORTING THE NAMING OF THAT PORTION OF STATE HIGHWAY 41 BETWEEN ROUTE 101 AND ROUTE 1 "THE E.G. LEWIS HIGHWAY" WHEREAS, the State of California, Division of Highways, issued a publication entitled, "Scenic Highway Corridor Survey" pertaining to Highway 41 between Route 101 in Atascadero and Route 1 at Morro Bay; and WHEREAS, the following is an excerpt from the above refenced publication: "...this highway was built as the result of a single man conceiving the idea... If any one man could ever take credit for creating a highway...then it would be Mr. E.G. Lewis... This was his highway, his idea, his alignment, his financing; he made it happen."; and WHEREAS, the State has recently set a precedent in San Luis Obispo County of naming a portion of a highway after an individual, to wit, "The Eric Seastrand Highway", for that portion of Highway 46 between Route 101 and Route 1 . NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero, that it is in full agreement with the State's comments concerning this portion of Highway 41; and BE IT FURTHER RESOLVED, that the City Council of the City of Atascadero does hereby find it eminently and entirely appropriate that the portion of Highway 41 between Routes 101 and be named, "The E.G. Lewis Highway". AND BE IT FURTHER RESOLVED, that City Council of the City of Atascadero does hereby respectfully petition the State of California to adopt this highway designation. On motion by Councilperson and seconded by Councilperson the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: 000014 Resolution No. 124-93 Page 2 ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney • 000015 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Itlm: D-2 Through: Andy Takata, City Manager Meeting Date: 10/12/93 From: Henry Engen v\\, Community Development Director actor SUBJECT: Caltrans request for a Community Advisory Committee: Highway 41 Realignment Project. RECOMMENDATION: In addition to the Community Development Director, that each Council member be requested to submit two (2) candidate names for the Caltrans Advisory Committee to the City Manager for submittal to Caltrans by October 29th. BACKGROUND: The City has received a request from James Alessi, Project Manager for the Highway 41 Realignment Project (see attached) , requesting that the City Council submit candidate names for a committee to work with them to mitigate impacts of the project. As noted in the letter, this is to provide community input for bridge designs, grading and retaining walls, sound barriers, landscape design and oak wood revegetation, park and ride lot, and roadway signing. DISCUSSION: The City is already signatory to a Memorandum of Understanding (see attached) that has been signed by the Federal Highway Administra- tion, the State Historical Preservation Officer, and Caltrans, to ensure that appropriate measures to mitigate the adverse effects of the project on the Atascadero Estates Residential District Plan are carried out. In December 1989, the City Council named a number of individuals to serve in a similar capacity for the road widening and rehabilita- tion project from the Three-Bridges area to San Gabriel on Highway 41. The members on that committee were as follows: Council members Mackey and Borgeson; Gary Sims, Sr. , City Civil Engineer; Lisa Schicker, City Arborist; Henry Hammer, environmental representative; Tim O'Keefe, Cal Poly Forestry Professor; and citizens Anne Little, David Duncan, and Will Lewis.' 000016 It should be noted that "Caltrans reserves the right to approve the final selection of the committee members. " They also indicate that either private or public candidates are welcome. Individuals who have an appreciation of the historical setting and appropriate aesthetic solutions would be prime candidates, as the function of the committee "will be to assist Caltrans in defining study issues and mitigation measures as they relate to the final design. " STATE HISTORIC PRESEMTION OFFICE (SHPO) CONTACT: I would suggest that the Community Development Director be formally designated as the City's contact person with this agency and as a committee appointee. DEADLINE: Caltrans is requesting that members of the committee be selected by November 1, 1993. HE:ph Encls: Caltrans Correspondence from James Alessi - 9/27/93 Memorandum of Agreement - Advisory Council on Historic Preservation, February 15, 1989 cc. James Alessi 000017 STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Governor DEPARTMENT OF TRANSPORTATI P.O. BOX 8114 SAN LUIS OBISPO, CA 93403-8114 v TELEPHONE: (805) 549-3111 O �� 1983 T 5) 549-3259 � � `' `OPM�N� #• Dsv� September 27r, 1993 G0��'C�uN`�Y p 5-SLO-41-15. $/17 . 1 5-SLO-41-17 . 7/19 . 7 Atascadero Bypass 05-225-345207 05-225-309007 Andy Takata City Manager City of Atascadero 650 Palma Avenue Atascadero, CA 93422 Dear Mr. Takata: This letter is a follow-up to my conversation with Honry Engen on September 17 concerning the formation of a communityladvisory committee for the design of the Highway 41 realignment project in the City of Atascadero. Caltrans is committed to working with the community to develop a final design that is compatible with the intentions and aesthetic values of the City. • We request that the City select and recommend the members for the community advisory committee. Private and public members are welcomed on the committee. Caltrans reserves the right to approve the final selection of the committee members' The function of the committee will be to assist Caltrans in defining aesthetic issues and mitigation measures as'' they relate to the final design. The committee will not restudy'', the purpose and need of the project as this was determined via the environmental document and numerous public hearings.'! If the Council requires a more detailed explanation of the !intent of the committee then Caltrans would be available for this purpose. The areas that the committee would have input are asl, follows in order of our priority: 1. Bridge (Stadium Park and Salinas River) - This in',cludes architectural features for the bridge abutments, columns, bridge rail and bike rail . 2 . Grading and Retaining Walls - The final horizontal and vertical alignment is now set but we will have some latitude in the design of the cut and fill slopes, including slope rounding in areas of cut. The appearance of the retaining walls will be developed in conjunction with the committee. i 000018 _�� —� �� �...���.... �..�...r.... �.. .....n ....r•T�. •. n ..� n•n •��.i+v GCTC.I�IL.LAa1.. Andy Takata September 27 , 1993 Page 2 3 . Sound Barriers - The committee will assist in the type selection for the barriers. The homeowners who are directly impacted by the sound barriers will be included. Sound barriers would not be constructed if a majority of the residents directly affected are opposed to them. 4 . Landscape Design and Oakwood Revegetation - We will look at aesthetic and habitat restoration issues for both on-site and off-site mitigation projects. Original members of the "Route 41 Caltrans Advisory Committee" , established December 12 , 1989, should be considered for this purpose. 5 . Park and Ride Lot - The site of the Park and Ride lot has been selected but the final appearance will be developed in conjunction with the committee. 6. Roadway Signing - Signing needs will be determined in the later stages of the project. The environmental document also requires the sound barriers design be compatible with the setting of the historic district and developed in consultation with the City of Atascadero and the State Historic Preservation Office (SHPO) . Please provide the name of the individual who will represent the City when we consult with SHPO. We.,would like to have the members of the committee selected by November 1. This will allow us to get input on the bridge aesthetics at an early date. Design of the bridges are a critical function of the project and must proceed as soon as possible. If you have any questions or comments please call me at 549-3330. Sincerely James M. Alessi Project Manager cc: Henry Engen i 000019 Advisory R EC E IV E Council On FEB 211989 HistoricCIT MGR. Y - Preservation The Old Post Office Building Reply to: 730 Simms Street,Room lw 401 1100 Pennsylvania Avenue,NW,#809 Golden;Colorado 80401 Washington,DC 20004 February 15, 1989 Bruce E. Cannon Division Administrator Federal Highway Administration Region Nine, California Division P.O. Box 1915 Sacramento, CA 95809 REF: Memorandum of Agreement regarding the Realignment of Highway 41, 16 .0/19 .7, through Atascadero, California Dear Mr. Cannon: The enclosed Memorandum of Agreement regarding the realignment of Highway 41 through Atascadero, California, has been accepted by • the Council. This action constitutes the comments of the Council required by Section 106 of the National Historic Preservation Act and the Council ' s regulations. Copies of this Agreement have been sent to the California State Historic Preservation Officer, the City of Atascadero , and the California '; Department of Transportation. The Council appreciates your cooperation in reaching a satisfactory resolution of this matter. Sincerely, lr _ a Robert Fink Director, Western Office of Project Review Enclosure 000020 �.e / MR40RANDU4 OF AGREEMENr WHEREAS, the Federal Highway Administration (FHWA) has determined that the proposed realignment of Highway 41, P.M. 16.0/19.7, through Atascadero, California, will have an adverse effect upon the Atascadero Estates Residential District Plan (Plan), a property eligible for inclusion in the National Register of Historic Places, and has consulted with the California State Historic Preser- nation Officer (SHPO) pursuant to the regulations (36 CER Part 800) implementing Section 106 of the National Historic Preservation Act (16 U.S.C. 470f) ; and WHEREAS, the City of Atascadero and the California Department of Transpor- tation (Caltrans) participated in the consultation and have been invited to con- cur in this Memorandum of Agreement; and NOW, THEREFORE, the F31%. and the SHPO agree that if the Advisory Council on Historic Preservation (Council) accepts this Memorandum of Agreement (agreement) in accordance with 36 CFR 800.6(a)(1)(i), the undertaking shall be implemented in accordance with the following stipulations in order to take into account the effect of the undertaking on Atascadero Estates Residential District Plan. STIPULATIONS The FHWA will ensure that the following weasures are carried out: 1. Prior to alteration of Mercedes Avenue and Santa Ysabel Avenue, a per- manent record of these streetscapes will be made in accordance with the stan- dards of the Historic American Engineering Record (HAER). FHM will contact the HAER, National Park Service, P. 0. Box 36063, San Francisco, California 94102, to determine the appropriate level of docunentation required. All documentation must be acceptable to HAER prior to alterations. FHWA will also provide copies of this documentation to the California SM, the California State Library, the Bancroft Library, and to the City of Atascadero (City). 2. In order to minimize adverse visual effects, FHWA will ensure that designs for any such barrier walls or retaining walls which may be placed within the eligible property will be developed in consultation with the SHPO and the City of Atascadero. 3. Should the SHPO or the City of Atascadero object within 30 days to any actions proposed in accordance with Stipulation 2 to this agreement, the FHWA shall consult with the objecting party to resolve the objection. If the FHWA determines that the objection cannot be resolved, the FHWA shall request the further comments of the Council pursuant to 36 CFR 800.6(b) . Any Council com- ment provided in response to such a request will be taken into account by the FHWA in accordance with 36 CER 800.6(c)(2) with reference only to the subject of the dispute; the FHWA's responsibility to carry out all actions under this agreement that are not the subjects of the dispute will remain unchanged. 00000.11 r 2. . 4. A portion of existing Route 41, generally described as: that portion of El Camino Real between Santa Ysabel Avenue and West Mall, west !Mall and Capistrano Avenue between El Camino Real and Sycamore Road, and SYCammnre Road between Capistrano Avenue and Carbaril Avenue, will be relinquished by Caltrans to the City of Atascadero. The City of Atascadero will ensure that;. future preservation and maintenance of this contributive element of the Plan,', including historic landscape elements and bridge #49-100 within the right-of-why, will be carried out in accordance with the recommended approaches set forth ',in The Secretary of the Interior's Standards for Rehabilitation and Guidelinesi for Rehabilitating Historic Buildings, and will ensure that future work perform0d on these elements will be subject to prior review and approval of the SHPO. 5. Should the SiPO object within 30 days to any actions proposed in accordance with Stipulation 4 of this agreement, the City shall consu4t with the SHPO to resolve the objection. If the City and the SHPO determined that the objection cannot be resolved, the City shall request the further comments of the Council pursuant to 36 CFR 800.6(b) . Any Council comment provided it response to such a request will be taken into account by the City in accordance with 36 CFR 800.6(c)(2) with reference only to the subject of the dispute; the City's responsibility to carry out all actions under this agreemnemt that are not the subjects of the dispute will remain unchanged. Execution of this Memorandum of Agreement by the FHWA and the California SHPO, and its subsequent acceptance by the Council and the FHWA• carrying out the germs of the Memorandum of Agreement, evidences that the FHWA has afforded the Council an opportunity to comment on the undertaking and its effectsl on historic proper- ties, and that the FHWA has taken into account the effects of the project on the Atascadero Estates Residential District Plan. Bruce E. Chnnon (Date) Division Administrator Federal Highway Administration By: —`' 2 i 8 Is ka ntie (Date) Californi State is1toric Preservation officer CONCUR: By: E. W. 1 ckmner, Chiu '(Date) Environmental Analysis Calif. Dept. of Transportation 9 • Ra or Date City Manager City of Atascadero (continued) 0000`��,2 r w 3, • ACCEPTED By: (Date) Advisory Council on Historic Preservation s 000023 REPORT TO CITY COUNCIL CITY OF ATASCADERO . Agenda Item: D-3 Through: Andy Takata, City Manager Meeting Date: 10/12/93 From: Henry Engen, Community Development Director V,k. Kelly Heffernon, Administrative Analyst SUBJECT: Status report on the Creekway Mapping Program RECOMMENDATION: Discuss policy options on how to proceed with the cre-ekway planning process. BACKGROUND: Except for a small segment of Graves Creek, the basic mapping of both Atascadero and Graves Creek is complete. We9,currently have reproducible base maps at a scale of 1" = 250 showing the . following features: 1 . topographic contours 2 . property lines 3. roads and bridges 4. creek reservation boundaries 5. riparian vegetation limits Most recently mapped were portions of Atascadero Creek from the West Mall bridge east to the Salinas River, and from San Gabriel Road west to the City limits. All of this information has been digitized into a computer-based mapping system whereby a map can be generated for any area at essentially any scale. DISCUSSION: As a result of incomplete aerial photo information, What remains to be mapped is the portion of Graves Creek located east of Highway 101 (the Rochelle property) , and contour lines for Atascadero Creek west of the Three Bridges. If sufficient aerials become available, this would conclude the original objective of the Creekway Mapping Committee. 000024 These initial maps contain a strong base of information for proceeding with creekway planning. however, supplemental data, once available, could easily be included on these maps. Such additional features might include biologically sensitive areas, ownership status, soil type, social activities, archaeologically sensitive areas, current pools of water, scenic areas, mineral and access easements, or utility crossings. WATEMX INTRUSION ORDINANCE: With regard to creekway planning, Council has already addressed the issue of human intrusions into the creekways through adoption of Ordinance No. 236 which prohibits private vehicles, trash and pollutants in the creekway (see Attachment A) . The ordinance defines "Riparian Corridor" as "the area of land within the normal high water levels and the land containing riparian vegetation immediately adjacent to the following waterways: (1) Atascadero Creek, (2) Graves Creek, and (3) Salinas River. " This generic definition shall apply until superseded by an "Official Creekway Map" which may now be done for Atascadero Creek and most of Graves Creek. LAND USE E,LEME The Land Use Element of the General Plan also addresses creekway planning by placing restrictions on construction in the riparian zone and calling for comprehensive creek protection policy and management plan. Specifically, the General Plan states the following on page II-42 - under Mitigation Monitoring: r. Grading shall not occur and buildings or structures requiring permit approval shall not be located within any creekway riparian vegetation boundary unless: (i) A site-specific evaluation pursuant to standards approved by the City determines that a lesser setback will provide adequate habitat protection; or (ii) The City completes a creekway mapping program and adopts other specific setback requirements based upon that mapping program. t. The City shall implement a comprehensive creek protection policy and management plan. Such a plan may include the following elements: * The identification of areas along creeks to be regulated by the Plan. * Implementation mechanisms, • such as minimum setbacks for new development. 00005 * The identification of activities that are • prohibited in creek areas, which may include grading, tree/vegetation removal, culverting, and other activities that promote erosion, sedimentation and the degradation of water quality. * The identification of specific'; criteria for: - optimum stream channel configuration and capacity - habitat restoration - access/trail locatiops OPTIONS: In February 1992, Council discussed Creekway Mana ement Alterna- tives (see Attachment B) . The consensus at that to was to take the following four initial steps towards creekway planning: 1 . Define the planning area boundaries 2 . Determine the various interest groups involved and form an overall planning group 3. Gather the necessary information (without using consultants) . 4. Organize meetings with the planning group Except for the riparian mapping completed this past Summer, no major work has been undertaken. Council may wish to direct staff to bring back a '' resolution for public hearing to adopt "Official Creekway Maps" for Atascadero and Graves Creek. HE:KH:ph Attachment A: Waterway Intrusion Ordinance No. 236 Attachment B: Creekway Management staff report, February 11, 1992 and City Council Minutes S/C: Atascadero and Graves Creek Maps, Volbrecht purveys 0000261 ATTACHMENT A - ORDINANCE NO. 236 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ADDING CHAPTER 8 TO TITLE 5 OF THE ATASCADERO MUNICIPAL CODE PROHIBITING SPECIFIED ACTIVITIES IN ATASCADERO CREEK, GRAVES CREEK AND THE SALINAS RIVER The City Council of the City of Atascadero does ordain as - follows: SECTION 1. Chapter 8 is hereby added to Title 5 of the Atascadero Municipal Code to read as follows: CHAPTER S. WATERWAY INTRUSIONS Section 5-8.01. Definitions. (a) Riparian corridor shall mean 'the area of land within the normal high water levels and the land containing riparian vegetation immediately adjacent to the following waterways: ( 1) Atascadero Creek (2) Graves Creek (3) Salinas River The definition above shall apply until superseded by an "Offi- cial Creekway Map" is adopted by the City Council. When such a map or maps are adopted, the "riparian corridor" shall be that area so designated on that map for that area of the waterway. (b) Intrusion shall mean any encroachment or activity into the riparian corridor, as listed in 5-8.02 below, which may adversely impact the drainage, flora and fauna of the specified riparian corridors. (c) Pollutants shall mean any harmful substance, includ- ing but not limited to chemicals, fuels, fill materials, lumber, petroleum products, sewage, domestic animal waste and any other substance which could adversely impact: Drainage; cause flooding; contaminate water; destroy or damage flora or fauna. Section 5-8.02. Prohibited Uses and Activities. Each of the following uses and activities are prohibited: (a) The parking, operation or use of private motorized vehicles, including but not limited to motorcycles, ATVs, dune buggies, recreational vehicles, automobiles, go-carts, motor- ized skateboards or trucks in the riparian corridor. 00000' Ordinance No. 236 Page Two (b) Allowing or causing the accumulation, storing, place- ment, dumping or disposing of pollutants in the riparian corridor, unless done with a properly issued' City grading permit or in an emergency flooding situation to protect life and property. (c) Allowing or causing the migration of pollutants into the riparian corridor. Section 5-8.03. Enforcement. A violation of any provision of this Title shall be a misdemeanor. Penalties for a violation of this'; Chapter shall be as set forth in Chapter 3, Title 1 of this Code. SECTION 2. PUBLICATION The City Clerk shall cause this ordinance to be ',published once within fifteen ( 15) days after its passage in the At&scadero News, a newspaper of general circulation, printed, published and cir- culated in the City in accordance with Section ' 36933 of the Government Code; shall certify the adoption and pasting of this • ordinance and shall cause this ordinance and this' certification together with proof of posting to be entered into the Book of Ordinances of the City. SECTION 3. EFFECTIVE DATE This ordinance shall go into effect and be in '';,full force and effect at 12: 01 a.m. on the 31st day after its passage. b On Motion by Councilmember seconded y Council- member , the foregoing ordinance is hereby adopted in its entirety on the following roll-call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA ALDEN F. SHIERS, Mayor ( A:- 000012S :-0000 S ATTACHMENT B REPORT TO CITY COUNCIL Meeting Date: 21192 CITY OF ATASCADERO Agenda Item: Through: Ray Windsor, City Manager Via: Greg Luke, Public Works Director From: Kelly Heffernan, Administrative Analyst SUBJECT: Discussion of Creekway Management Alternatives. RECOMMENDATION: Given the complex nature and cost implications of this subject staff recommends that Council take no action at this time, allow staff to make its presentation and set a future meeting to provide specific direction leading to the development of a Creekway Management Plan. BACKGROUND: The subject of Creekway management in Atascadero has a long history and remains highly debated. To date your Council has addressed the more apparent concerns of creekway protection, such as compiling existing information into map form to assist policy decisions and regulating waterway intrusions. Remaining are the more complicated concerns of creekway management requiring larger investments of City resources to formulate solutions. Outlined below are the various issues and alternatives involved in creating a Creekway Management Plan. DISCUSSION: Creekway management can range from a blanket setback with certain development regulations to a highly detailed and comprehensive plan encompassing all possible use classifications. Determining the level of detail in studying and planning for the creeks will depend largely on clearly defined goals and objectives. Focusing on creek preservation and protection as the primary goals might be accomplished entirely through the regulatory process whereas adding enhancement and restoration involves more site specific study. Deciding what level of management is necessary will additionally depend on the opportunities and constraints of existing situations. Resources such as funding and staff time may inhibit a more ambitious management strategy although the opportunity for preserving highly sensitive areas or providing public access through a trails system may justify the expense. Such decisions require careful balancing of the costs and benefits and interests involved. 00012'9 Although the goals may differ between management strategies, some of the planning aprocess is similar involving the following basic steps: 1 . Define the planning area boundaries 2. Determine the various interest groups involved and form an overall planning group 3. Gather the necessary information 4. Organize meetings with the planning group 5. Define issues and objectives 6. Determine actions to accomplish objectives 7. Develop draft management plan (whatever level is''decided) 8. Review draft plan 9. Implementation of strategy Creekway management on any level will also share some of the„same issues such as private property rights, protection of plants and wildlife, recrejational opportunities (and conflicts), erosion and sedimentation control, flood protection, protection of historic/archaeological values, and balancing the various interests involved. Conflict resolution and consensus building between the different interest groups will likely be the largest obstacle with any management strategy. OPTIONS A). Development regulations wr hin a sl?ecified setback A setback could fall between having a very broad application and being site specific. As a general approach a setback from some designated location, such as the top of bank or edge of riparian vegetation, could be used in all land use categories for all new construction. This is the least costly approach although staff time would be drained without the aid of a consultant. Conversely there could be varying setbacks depending on the environmental sensitivity of an area. This wquld likely involve an inventory and detailed mapping of biological resources. The timing of conducting such an inventory would be critical because of the narrow window of opportunity of identifying certain plant species such as Spring annuals. No matter what detail is associated with the setback, any such requirement will crate nonconforming structures and would spark the debate between private property 1rights and protection of natural resources; i.e. the "taking" issue would have to be adequately addressed. B). Establishment of Creekway PlanningZones Delineating planning zones within the creekways would be the first step requiring decisions on what exactly to include. The zone could consist Of solely the riparian habitat area, which in itself needs definition, or a buffer of some designated width from the riparian habitat area. Once defined, prohibited and allowed activities could be stipulated based on specific criteria. All activities requiring a permit would be subject to discretionary review. Restriction of activities could be either stringent or . lenient, but the overall intent would be to initially set the stage f')r a defined planning 000030 area that could advance to more comprehensive creekway management as time and money allows. If the burden of defining the boundary of these zones is on the applicant, it would save the City from having to survey and map the entire length of both creeks. C). Habitat Management Plan This approach would involve a detailed study of existing biological resources. Such research would be necessary up front to determine if this type of plan is justified. The focus would be more on resource enhancement and restoration rather than protection through regulation. D). Creek Corridor Trails and Greenway Pian This alternative would concentrate on specific areas along the creekway corridors with opportunities for public access and passive recreation. The responsibilities for maintenance and liability is an issue, as well as the conflict with environmental concerns. Generally, agencies such as fish and Game are against any intrusion into the riparian habitat area. E). Comorehensive Creekway Management Plan This would be the most expensive and time consuming planning approach. It would be all encompassing of the issues and interests associated with creek management, similar to the attached Arcata Creeks Management Plan. Adding to the overall goal of protection would be enhancement, restoration, multi-use and ecological production. As mentioned above, a complete inventory of the biological resources would need to encompass the Spring annuals which would impact the timing of completing the plan. Generally, such an approach takes one to two years to complete. In summary it should be emphasized that none of these alternatives need stand on their own; a combination of any of the above is always an option. For instance a logical approach might be to merge creekway planning zones with some form of development regulation. From there a habitat management plan may be warranted. Attached are excerpts from different creekway management plans ranging in purpose for your reference. ANALYSIS: The above discussion is intended to demonstrate the array of alternatives that may be pursued to implement a creekway management program. Clearly, the Council may choose an alternative that is either ambitious or more even paced. If it is Council's desire to rapidly develop a comprehensive program, then we must look to outside consultants to perform much of the work. The Circulation Element Update is an example of a program that is on the fast track towards completion. 000031 c Conversely, if Council wishes to utilize in-house staff to prepare such a plan, it should ibe recognized that the Pian must be prepared in increments by staff that is already fairly consumed by the tree protection program and the recycling program. Work can begin on identifying Creekway Planning Zones and then bringing�o Council additional land use regulations which will protect the creekway environment. Goals and objectives must be established and, in time, we can budget for environmental surveys and mapping. In this way, a Creekway Management Plan will, step by step, be develloped. The bottom line is that a completed Creekway Plan will require about 1500-2500 man-hours of effort to complete. A consultant can put several people to work on the project and complete the work in 6 months. However, at current staffing levels, in- house staff can reasonably be expected to apply 400-500 man-ho1urs of work per year to the effort. (One person works 2000 man-hours per year.) Therefore, an in house project will take several years to complete. Such is the case for the City of San Luis Obispo. It is staff's opinion that taking a step-by-step approach and have staff prepare the initial portion of the plan would be the appropriate course, considering the current staffing and budget constraints. However, if Council wishes to accelerate the program, funds must be budgeted to retain a consultant. FISCAL IMPACT 1 r for Ata ca ero Without any creekway management proposals drafted o d s � , it is difficult to assess the costs involved with the various management strategies. Yet as an estimate, to simply obtain an accurate survey and inventory of the creeks would cost about $10,000. Conversely,hiring a consultant to prepare a comp(ehensive creekway management plan could range anywhere from $50,000 to $150;000. 00003 --1 SZC A01MUrIC9 Vote on the motion: Motion to uphold the appeal car 4: 1 with Councilman Nimmo voting in opposition i D. REGULAR B SS 1. RECYCLING COMMITTEE ATUS Greg Luke, Public Work erector, 'ntroduced Dennis Loftus, Chairman o€ the Rec ng Committee. Mr. ftus highlighted the efforts and a plishments of the past yea nd provided an =ers iew a goals for the coming year. of Council o e' w 2. CREEKWAY MANAGEMENT POLICY - STAFF PRESENTATION Greg Luke reported that, given the complexity and cost implications of the issue, staff was recommending that Council take no action at this time, but to set a meeting for a future date to provide specific direction to staff leading to ,the development of a Creekway Management Plan. The City Manager pointed out that funding and staff resources are limited and noted that. certain levels of expertise are not available in-house. Mr. Windsor explained that staff will need clear direction from Council about what level of detail is being sought. Councilwoman Borgeson voiced disapproval for staff recommendation to take no action at this time and mentioned that the materials provided in the packet should be relevant. She stated that the plans provided as examples are wetland or coastal and would not be appropriate for Atascadero' s creeks. The City Manager clarified that the attachments were merely examples of management tools from other communities and reiterated the need for specialized expertise for developing a plan for Atascadero. Councilman Lilley asserted that a professional, proactive plan is required with specific recommendations for creeks and trails. He stated that it must be a pragmatic, common-sense plan with the support from the community and noted that he was not supportive of using outside consultant services. Mayor Shiers, noting budget restraints, favored utilizing the staff wherever possible. He encouraged continuing study of other creekway plans in an effort to develop certain areas along the creek and proposed that the City hire outside services only as needed for specialized areas. Councilman Nimmo emphasized the need to move slowly without CCO1128/92 Page 7 000033 R incurring any outside consultant costs and spoke in support of continuing the creekway mapping and riparian rea definition processes. Councilwoman Borgeson asserted that the City has made some progress with the creekway intrusion ordinance and now it �s time to begin protecting the creeks and addressing erosion. She remarked that staff in the Community Services Department could be involved in the process. Councilman Lilley spoke in favor .of community participation and proposed that a committee be formed to develop a 'Iplan the public would support. Public Comments: Joan O'Keefe, 9985 Old Morro Road, proclaimed that: the Council had ignored the testimony presented by a majority of people who spoke at the special City Council meeting on December 19'M 1991 who favor creek setbacks. She criticized the staff report and recommendation to take no action. Russ Kolemaine, 4580 Potrero Road, commented that the creekway mapping should be completed and if the City cannot afford a consultant to do it, it must direct staff to finish the mapping of all waterways. He spoke in support of a cititens ' committee approach as suggested by Councilman Lilley. Sarah Gro nstrand, 762.0 Del Rio Road, asked that while the mapping is being completed, the City consider re-vegetation to restore the creek where clear cutting has resulted. She sha�ced concern for vandalism occurring in the Salinas River and cautioned the Council to not leave this waterway out of the plan. Eric Greening, 7365 Valle, agreed that re-vegetatin is needed and necessary and shared concern for the affect a proposed recreational vehicle park may have on the Salinas River. ---End of Public Testimony--- Councilwoman Borgeson emphasized that she was oppo` ed to a blanket setback but clarified that it did not mean she dinot want creek preservation. She indicated that she could support an advisory committee to help write the plan. Mayor Shiers remarked that he believed it was important to measure the riparian corridor and continue to develop a ', plan that will offer protection for the creek. He added that there should be varying setbacks depending on what the sensitive resources are in the areas. CC01/28/92 Page 8 0000311 F.� Councilman Dexter commented that any setback must be applicable to the area and agreed that mapping should be continued. In addition, he concurred that re-vegetation should begin and encouraged the use of community volunteers. The City Manager advised that the recommendation from staff was his after consultation with the Public Works Director and without conference with Council. He reiterated that the City' s resources are limited and underscored that to really pursue this matter, it will take a long time. He mentioned that he would endeavor to obtain a copy of the Houlder, Colorado plan developed by Randy Rossi for Council to review. In addition, he suggested that a task force could be put together and a blueprint developed to help implore community interest and expertise. Greg Luke referred to the nine steps outlined in the packet and pointed out that it appeared, based on the discussion, that the Council was ready to move forward with the first four steps. Councilman Dexter suggested that it may be appropriate to set a study session in which Council could fine tune the issues and objectives. ANIMAL REGULATION Resolution No. 17-92 - Authorizing the executi of a Joint Exercise of Powers Agreement with the Ci of Paso obles to rovide animal regulation services P B. Res ution No. 18-92 - Creating two new sition classi ficat ns and allocating two additiona positions to the Police artment Mark Joseph provided overview of the aff report and recom- mendations. Councilman Nimmo shared conc n for dding two additional regular employees and remarked that he , ld be more supportive if they were contractual. Other membe of Council agreed. Mr. Joseph indicated that Joint Powers eem t (JPA) would allow for this stipulation. Chief McHale suggested at the position c °ossifications of Animal Control Supervisor an Animal Control Officer°.,be changed to Animal ' Services Supervisor nd Animal Services Office- Public fficePublic Comments Daphne Fah 'ng, co-founder of Action for Animal Rights, asked the Council delay a decision and hold one or more public he ings on the ma er before the plan is an established fact. She a erted CC /28/92 IM04 ge 9 000035 1 \� Irz) .J J p r 4yirJkrj%/rS:�.. J g r! Dir = n ,y. b,iyd .p f r•'' y' •iil�9rYJ� yr rff k rf m� 4y Ys• YY� w P O 1 f f V � O �I �f 9,k• f a ` a o n ' : tr•�9. i.� •.•nay}'+� r\ �Y 'l :>y •• tri . M l.•Sir r.r�•jb' ,fc+. r `vr b r•l Y ' %ri w ; ;, i y! N fb7r::• r Hr l �l+ ��r l u •r l l f l` r ay. l •yM flfh�::+,+f :yr y m � � m d = o nl 4 ti 3 w g y$y rJ1 M � yw O ' o n � g�. O ti t x• i1+ b\y y C o ' i rn ytJ CC) I rrn \\ ;. •`a't ' ' 05010 i� GV08 �• `� •t0 It 32 '9 'fir•,�;,,�, N p � ,n„�c':,• C to t• 1� •���as ��\ tlt• ,r�`�k>s�r •.S1�;a, ,tilt:•+` d n �48 W ���---ill � y F-3 o ti O • O b �ka•� n c h Q 'a"'Y. •j O O A wj Z 8 4 : . 3,• O a t •e x♦ .aA ; lie �y O . O , Z O n a n Al � Z R `l S � i . p O � J nl a Om O •o , 'j •i x 1 t } 5i I t Q v Q'I b O t i 0 � � am �i r 4 ti v� r all � x N � y N _ 0 REPORT TO CITY COiJNCIL ITEM: D-4 DATE• 10/12/93 FROM: Andrew J. Takata, Director Department of Community Services SUBJECT: PROPOSAL TO PLACE A PARKS AND RECREATION COMMISSIONER ON THE CITY/SCHOOL COMMITTEE RECOMMENDATION: 1. City Council acknowledge the concept of a member of the Parks and Recreation Commission being appointed to the City/School Committee as an ex-officio representative; 2 . Direct staff to formally present the proposal to the Atascadero ` School District, and if accepted; 3 . Amend Ordinance 101 and presented to Council for action. BACKGROUND: The Parks and Recreation Commission has considered the merits of a Commission representative attending City/School Meetings in an ex- officio capacity. It is felt that a Commissioner attending these meetings could enhance communications and augment joint efforts related to facility usage and recreation activities for the public. It should be noted that the City Council previously acknowledged the merits of a School District representative on the Parks and Recreation Commission and an ex-officio mem er has been acknowledged since 1985, via Ordinance 101, Section 2-13 . 041 "A member representing the school district shall be a pointed by the Mayor as an ex-officio member of the Commission. The appointee shall serve at the pleasure of the City Council and without compensation" . kv ;prc. cs 000036 PARKS AND RECREATION COMMISSION MINUTES APRIL 15, 1993 ITEM 6 - NEW BUSINESS: ITEM 6-A - PROPOSAL TO PLACE PARRS AND RECREATION COMMISSIONER ON THE CITY/SCHOOL COMMITEE AS AN EX-OFFICIO MEMBER: Staff reviews the role of the City School Committee to the Commission. MOTION: Commissioner smart moves to request staff to prepare and submit a formal request to the City Council to appoint a Parks and Recreation Commission member to the City/School Committee in an ex-officio status; Commissioner Beatie seconds; Motion carries 7-0 000037 ORDINANCE NO. /L '. Page 3 CHAPTER 13 . PARKS AND RECREATION COMMISSIO (Reorganized) Sec. 2-13 ,01 . Established. There i!3 ' created a Parks and Recreation Commission com- posed of seven (7) members. Sec. 2-13 . 02. Qualifications. The regular members of the Commission shall be qualified electors of the City. Sec, 2-13 ,03 . embers- An ointment: Terms of office. The City Council shall appoint the membrs of the Parks and Recreation Commission. Regular members f the Commission shall serve for a period of four (4) years be inning July 1 of the year of appointment. The terms of three 3) of the regular members shall expire on June 30, 1986, and ev ry four (4) years thereafter; and the terms of four (4) regular members shall expire on June 30, 1988, and every four (4) y ars thereafter. Vacancies on the Commission occurring other t an by expiration of term shall be filled in the manner establi hed for appoint- ments. All members shall serve at thelea ure of the Council. p City Sec, 2-13 . 04 . Eft officio member. A member representing the school distr ct shall be ap- pointed by the Mayor as an ex officio memb r of the Commis- sion. The appointee shall serve at the pleasure of the Mayor and without compensation. --- Sec . 2-13 ,05 . Ab ea e fro^ meeti as• Rulining for office on Cite Council . Absence of a member of the Commission fr m three (3) con- secutive meetings, or from four (4) meetings curing a calendar year, without formal consent of the Commission noted in its official minutes, shall ber t d by the Re rection Director to the City Council for consideration of rem val from office . If a member of the Commission files for election as a member, of any elective City office, his term as a c mmissioner shall terminate as of the date of filing. Sec . 2-13 , 06 . Oreanj -z=tion . -. As of August 1 annually, or as soon they after as is fea- sible, the members of the Commission shall Elect a chairman 000038 MINUTES EXCERPTS CITY OF ATASCADERO PLANNING COMMISSION 10/19/93 ACTION MINUTES SU&JECT: 13.3. GENERAL PLAN CONFORMITY REPORT 93-1: General Plan Conformity Finding for the exchange of City-owned real property located on Sycamore Road for the Atascadero Mutual Water Company creekway reservation property STAFF RECOMMENDATION: (Heffernon via DeCamp) Staff recommends that the Commission find the exchange of the City-owned real property on Sycamore Road for the subject AMWC creekway reservation property to be in conformance with the Atascadero General Plan. TESTIMONY: None. ACTION: Approve staff recommendation. Motion: Wallace Second: Bonnema AYES: Wallace, Lochridge, Edwards, Carden, Berger, Bonnema, Johnson NOES: None ABSENT: None (Page 5 of 6) ()rf00173 General Plan Conformity Report Page Two RECOMMENDATION: The staff recommends that the property be des-gnated as surplus prop- erty, but maintaining a 25 foot access and recreational easement cros- sing the site connecting Sycamore Road and the Water Company property for access and recreational uses. The action would qualify as a Class 12 categorical exemption (sale of surplus property) from the California Environmental Quality Act pro- cess. JM•ph Attachments: Exhibit A - Location Map Exhibit B - A.P.N. Mao Exhibit C - Alluvium Map Exhibit D - Inundation Map EXHIBIT E Citv of Atascadero Item• 6-7 STAFF REPORT FOR: Planning Commission Meeting Date: June 16, 1987 BY: Joel Moses, Associate Planner Project Address: Sycamore Road P n. Lot 4 , Blk H, Atas. Colony) SUBJECT: General Plan Conformity Report - City sale of real property located on Sycamore Road north of Hidalgo Road in River Gardens. (APN 28-092-09 Northern ptn. Lot 4, Blk H, Atascadero Colony) (Exhibits A & B) . BACKGROUND: The City of Atascadero acquired the approximate 12,000 square foot property as a part of the recent transfer of properties. The County had previously noted the property as surplus and had contacted the City in 1985 . The City has found no specific public purpose for the property and now is seeking to have the property declared as surplus property so the property can be disposed of. ANALYSIS: The property is presently vacant. The City presently has no plans to use the property except as a detour route during the reconstruction of the Sycamore Road Bridge. The adjoining property is currently gen- erally developed with single family residential uses. The area to the East is owned by the Water Company and is used for gravel/sand extrac- tion. The area is designated Moderate Density Single Family on the General Plan; the corresponding zoning is RSF-Y (Residential Single Family - minimum lot size of 1 acre with sewer 1 1/2 acre without sewer) . The site is currently not provided with sewer but is within the Urban Service Area. The area to the West is within a leachfield problem area as noted in the City's sewer study (John Wallace & Assoc- iates) . A review of the General Plan makes no specific statement as to the need for the property. However, a need is noted as to the need for the retention of an easement for emergency access and recreational use. Additional comments made in the General Plan might note the site as undevelopable. The Open Space and Conservation Element notes the site in the inundation and alluvium areas (Maps X-1, and X-2) (Exhibits C&D) and as such falls under the Public Safety Policies (page 84) sta- ting, "that Permits shall be denied in the potential inundatioc areas" . Staff Report W7 1 MOTION: Commissioner Smart moves to recommend approval of staff's property trade proposal with Atascad ro Mutual Water District and request staff to clarify that the Atascadero creekway, reservation access continues to the Salinas River and that City will not become liable for any previous litigation; Commissioner Beatie seconds; Motion carries 5-1 (Commissioner Bench voting no) (Commissioner Coniglio absent) EXHIBIT D PARK AND RECREATION COMMISSION MINUTES SEPTEMBER 16, 1993 (DRAFT MINUTES. . .NOT APPROVED BY PARKS & RECREATION COMMISSION) ITEM 6-A - ATASCADERO MUTUAL WATER COMPANY PROPOSAL TO TRADE ATASCADERO CREEK RESERVATION PROPERTY FOR CITY-OWNED LOT ON SYCAMORE ROAD: Staff informs the Commission that the Atascadero Mutual Water Company has made a proposal to the City to trade certain creek reservation property for a City-owned lot on Sycamore Road. A trade proposal has been drafted by Kelly Heffernon, Administrative Analyst for Commission review. Commission comments to the proposal will be forwarded to the Planning Commission and City Council for their consideration. In Kelly's absence, Geoff English, Recreation Supervisor, reviews the property trade proposal, which suggests the City retention of a 20-foot easement on the Sycamore Road property for Salinas River access. Commissioner Bench feels that the City could also consider requesting monetary payment in addition to retaining an easement as part of the trade due to the appraised value of the Sycamore lot being greater than the creek reservation property. Commissioner Bench also feels that any prior litigation associated with the creek reservation property should not be transferred to the City if ownership is transferred. The Commission has a consensus that ownership of the creek reservation would be consistent with the City's General Plan and would be an asset to future trail and recreational uses. MOTION: Commissioner Bench moves to recommend approval of staff's property trade proposal with Atascadero Mutual Water District with stipulation that 50% of appraised Sycamore Road property value be paid to the City in addition to the City maintaining a 20-foot easement, and that funds received from the trade be dedicated to parks and recreation projects; (Motion dies for lack of a second) Commissioners discuss the inclusion of 50 percent of property value being suggested for consideration into the trade agreement and discuss the effect of such a request on future trade agreements. MOTION: Commissioner Beatie moves that the Commission concurs with staff's property trade proposal and recommends staff further investigate the possibility of negotiating a reasonable additional payment for the value of the Sycamore property; (Motion withdrawn) EXHIBIT C OF A TASCADERO t t 1c; v 9 U1 S '26 9 10 11 4 3 O � s .4 12 REPO T� ra r 5 r 34 23 PJE- U LM CITY OF ATASCADERO F Assessor 's Map Sk. 28, Pg. 9 County of San Luis Obispo, Calif. For Assessment Purposes only IEXHIBIT B AfjW i b � v O I I � I y I vaN3tIN i • AMWC would like to offer to the City of Atascadero the Creek Reservation area in trade for the lot the City currently owns on Sycamore Road. Details of any such trade would have to address access, easements, and water rights retention. We would appreciate the City's consideration of this offer and would appreciate being informed of the City's intent so that we can proceed. Sin rely, Ke Weathers, General Manager cc: City Manager, Andy Takata Community Development Director, Henry Engen s EXHIBIT A km; 5005 EL CAMINO REAL • P.O. BOX 6075 • ATASCADERO, CA 93423 • (805) 466-2428 1 ATASCADERO MUTUAL WATER, COMPANY ESTABUSHEO 1913 June 30, 1993 Atascadero City Council, 6500 Palma Ave. , Atascadero, Ca. 93422 Subject: Proposal to trade "Atascadero Creek Reservation" to City Honorable Mayor Marty Kudlac and Council members, Atascadero Mutual Water Company (AMWC) owns several hundred acres of land within the City of Atascadero. Included in that land is about 300 acres adjoining the Salinas River and about 10 acres known as the "Atascadero Creek Reservation" extending from the Bridge at West Mall to Railroad tracks (a general map of this area is attached) . These parcels were deeded to AMWC before the formation of the Colony apparently to preserve riparian water rights and for other benefits to the Shareholders of AMWC. The subject property has potential for public use including recreation, trail systems, and wildlife habitat. It is a vital link to connecting the original downtown, city administrative center, and school district facilities to the open space of the Salinas River. The Board of Directors of AMWC (Board) feel that deeding this property to the City of Atascadero (City) would best suit the needs of the community. It is apparent from planning done by the City that the City also shares in this belief. Several property owners adjoining AMWC' s Creek Reservation area have approached the Board seeking to obtain portions of the property to add to and/or supplement their use of existing lots. The Board has tentatively told these owners -that AMWC would prefer to trade this land to the City of Atascadero for public use. They informed the property owners that if the City expresses a serious interest in a trade, the Board would not consider selling or leasing portions of the Creek Reservation to adjoining owners. JUN : 1993 '-uUIMUNITY DEVELOPMENT CONCLUSIONS: The exchange of the Sycamore Road lot for the creekway reservation property appears to be in conformance with the policies of the Land Use and Conservation and Open Space Elements of the General Plan. Attachments: Exhibit A - Letter from the AMWC Exhibit B - Map of the Atascadero Creek R servation property owned by the AMWC Exhibit C - Location map of the Sycamore City lot Exhibit D - Recommendation from the Pa ks and Recreation Commission Exhibit E - Declaration of Surplus Property • location, purpose and extent of such acquisition or disposition, such street vacation or . abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof. The planning agency shall render its report as to conformity with said adopted general plan or part thereof within forty (40) days after the matter was submitted to it, or such longer period of time as may be designated by the legislative body. On June 30, 1993 the AMWC sent a letter to the City Council requesting a trade of their creekway property for the City's Sycamore Road lot (see Exhibit A for a copy of the letter). The subject property encompasses roughly 10 acres extending from the West Mall Bridge to the Railroad tracks (see Exhibit B for map of this area). Several existing residences abut the reserves. On August 10, 1993 the City Council reviewed the AMWC proposal and referred the matter to the Planning Commission and the Parks and Recreation Commission for further consideration and recommendations. The proposal will return to Council for a final decision once both Commissions have heard the item and provided direction. The Parks and Recreation Commission heard this item on September 16, 1993 and recommended approval of the Water Company proposal but requested further clarification concerning creekway access to the Salinas River and City liability for previous litigation (see Exhibit D). The Sycamore Road lot was declared surplus property approximately six years ago (see Exhibit E). The lot is approximately 12,000 square feet in size, is zoned Residential Single Family and is currently vacant (see Exhibit C for property location). ANALYSIS: The General Plan indicates that as a basic community goal, the City should preserve its natural flora and fauna and where appropriate, provide for creekside trails. Specifically, the Conservation and Open Space Element states the following policy on page II-30: C. Scenic and open space easements, parklands and open space dedications shall be obtained through the subdivision and development review process, including but not limited to: floodplains, creek reservations, wooded areas, scenic backdrops, sensitive areas, historic sites and similar suitable areas. City ownership of the Atascadero Creek Reservation property would further the goal of preserving the City's natural resources and is consistent with the above stated policy. ()Oj'063 CITY OF ATASCADERO Item: B . 3 STAFF REPORT For: Planning Commission Meeting Date: 10-05-93 Through:/40 Steven L. DeCamp, City Planner ffile No: GPCR 93-1 From: Kelly Heffernon, Administrative Analyst SUBJECT: Requested General Plan Conformity Finding for the exchange of City owned real property located on Sycamore Road for the Atascadero Mutual Water Company (AMWC) creekway reservation property. RECOMMENDATION: Staff recommends that the Commission find the exchange of 1he City owned real property on Sycamore Road for the subject AMWC creekway reservation property to be in conformance with the Atascadero General Plan. SITUATION AND FACTS: 1 . Applicant............................ Atascadero Mutual Water Company 2. Representative....................... Ken Weathers, Ger eral Manager 3. General Plan Designation......... Recreation (L) 4. Zoning District...................... Recreation (L) 5. Legal Descriptions.................. Sycamore lot: APN 028-092-009 AMWC parcels:. APN 028-361-005, 028-201-005, 028-341-008 BACKGROUND: The California Government Code, in Section 65402(a) provides as follows: If a general plan or part thereof has been adopted, no real property shall a acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the ()()�)"G"I, MOTION: Commissioner Beatie moves that the Commission concur with staff's property trade proposal and recommend staff further investigate the possibility of negotiating a reasonable additional payment for the Sycamore Road property; (Motion withdrawn) MOTION: Commissioner Smart moves to recommend approval of staff's property trade proposal with Atascadero Mutual water Company, and request staff to clarify that the Atascadero Creekway reservation access continue to the Salinas River and that City will not become liable for any previous litigation Commissioner Beatie seconds; Motion carries 5-1 (Commissioner Bench voting no) (Commissioner Coniglio absent) PARKS AND RECREATION COMMISSION MINUTES • SEPTEMBER 19 , 1993 ITEM 6-A - ATASCADERO MUTUAL WATER COMPANY PROPOSAL TO TRADE ATASCADERO CREEK RESERVATION PROPERTY FOR CITY-OWNED LOT ON SYCAMORE ROAD: Staff informs the Commission that the Atascade o Mutual Water Company has made a proposal to the City to trad certain creek reservation property for a City-owned lot on Sycamore Road. A trade proposal has been drafted by Kelly Heffernon, Administrative Analyst, for Commission review. Commission comments to the proposal will be forwarded to the Planning Commission and City Council for their consideration. In Kelly's absence, Geoff English, Recreation Supervisor, reviews the property trade proposal, which suggests City retention of a 20- foot easement on the Sycamore Road property for Salinas River access. Commissioner Bench states the City could consider requesting monetary payment in addition to retaining an easement as part of the trade due to the appraised value of the Sycamore lot being greater than the creek reservation property. Commissioner Bench also states that any prior litigation associated with the creek reservation property should not be transferred to the City if ownership is transferred. The Commission has a consensus that ownership of the creek reservation would be consistent with the City's General Plan and would be an asset to future trail and recreational uses. MOTION: Commissioner Bench moves to recommend approval of staff's property trade proposal with Atascadero Mutual Water Company with stipulation that 50% of appraised Sycamore Road property v lue be paid to the City in addition to the City maintaining a 20- foot easement, and that funds received from t h e trade be dedicated to parks and recreation projects; (Motion dies for lack of a second) Commissioners discuss the inclusion of 50 percent o property value being suggested for consideration into the trade agreement and discuss the effect of such a request on any future trade agreement. • 0000#10 Meeting Date: 9/16/93 Agenda Item: REPORT TO PARKS AND RECREATION COMMISSION CITY OF ATASCADERO Through: Steven DeCamp, City Planner From: Kelly Heffernon, Administrative Analyst SUBJECT: Consideration of a proposal from the Atascadero Mutual Water Company (AMWC) to trade Atascadero Creek Reservation property for the City lot located on Sycamore Road. RECOMMENDATION: Recommend approval of the AMWC proposal to the Planning Commission and City Council with the condition that an easement across the Sycamore lot be retained. BACKGROUND: On 8/10/93, the City Council reviewed the AMWC proposal and referred the matter to your Commission and Planning Commission for further consideration and recommendations. The proposal will return to Council for a final decision once both Commissions have heard the item and provided direction. Please see the attached staff report for additional background information. DISCUSSION: As indicated in the attached report, the AMWC proposal was referred to City Department Heads to seek their comments and concerns. The concerns of Police Chief Richard McHale were received after the Council meeting and therefore were not included in that report. In sum, his concerns echo most of those expressed by other Department Heads, although he adds the burden of property maintenance that the City would assume with ownership. He states the proposal would not have a net effect on law enforcement response. • Encl: Staff report prepared for 8/10/93 City Council meeting EXHIBIT B J 1. � I i y I yaN3NN AMWC would like to offer to the City of Atascadero the Creek Reservation area in trade for the lot the City currently owns on Sycamore Road. Details of any such trade would have to address access, easements, ,and water rights retention. We would appreciate the City's consideration of this offer and would appreciate being informed of the City's intent so that we can proceed. + Sin rely, `t)fL—. Ke Weathers, General Manager cc: City Manager, Andy Takata Community Development Director, Henry Engen • ()00011)-1,7 5005 EL CAMINO REAL • P.O. BOX 6075 • ATASCADERO, CA 9 423 (805)466-2428 ATASCADERO MUTUAL WATER COMPANY ESTABLISHED 1913 June 30, 1993 Atascadero City Council, 6500 Palma Ave. , .Atascadero, Ca. 93422 Subject: Proposal to trade "Atascadero Creek Reservation" to City I Honorable Mayor Marty Kudlac and Council members, Atascadero Mutual Water Company (AMWC) owns several hundred acres of land within the City of Atascadero. Included im that land is about 300 acres adjoining the Salinas River and about 10 acres known as' the "Atascadero Creek Reservation" extending from the Bridge at West Mall to Railroad tracks (a generalmap of this area is attached) . These parcels were deeded to AIIWC before the formation of the Colony apparently to preserve riparian water rights and for other benefits to the Shareholders of AMWC. The subject property has potential for public use including recreation, trail systems, and wildlife habitat. t is a vital link to connecting the original downtown, city administrative center, and school district facilities to the open space of the Salinas River. The Board of Directors of AMWC (Board) feel that d eding this property to the City of Atascadero (City) would be3t suit the needs of the community. It is apparent from planning done by the City that the City also shares in this belief. Several property owners adjoining AMWC's Creek Res rvation area have approached the Board seeking to obtain portioas of the property to add to and/or supplement their use of axisting lots. The Board has tentatively told these owners that AqWC would prefer to trade this land to the City of Atascadero for public use. They informed the property owners that if the City expresses a serious interest in a trade, the Board would not consider selling or leasing portions of the Creek Reservation to adjoining owners . J N ' - 1993 COMMUNITY DEVELOPMENT 0(0l)�II;;R shall be protected from destruction, overuse and misuse by the use of zoning, tax incentives, easements, or fee acquisi- tion. " cquisi-tion. " C. Scenic and open space easements, parklands and open space dedications shall be obtained through the subdivision and development review process, including but not limited to: flood plans, creek reservations, wooded areas, scenic back- drops, sensitive areas, historic sites and similar suitable areas . " "i. Public-owned creek reserves shall be preserved for park and recreational use, with appropriate areas left in their natural state for public enjoyment and habitat purposes . Any recre- ational use of the creek shall minimize it' s impact on the habitat value and open space qualities of the creeks . " In their letter, the Atascadero Mutual Water Company recognized the public use potential of the creekway reserves, including recrea- tion trail systems and wildlife habitat and the interest evidenced by the City Council in prior actions . These included the recent completion of the Creekway Mapping Program and spirited debates over the most appropriate ways to protect the creekways . It would appear that the optimum means by which to protect the creekways is to obtain them in fee title. The down side of acquisition is the exposure to liability, but in today' s litigious environment, the City could be named regardless of underlying fee-ownership of the creeks . Hence, the Community Development staff recommendation is to negotiate terms of acceptance with the Atascadero Mutual Water Company but to retain the Sycamore lot for resale as a housing site but withholding a 20 foot easement for the Salinas River access . HE:ph Encls : June 30, 1993 - letter from Atascadero Mutual Water Co. September 16, 1993 - Parks and Recreation Commission Staff Report September 16, 1993 - Parks and Recreation Commission Minutes Excerpts October 5, 1993 - Planning Commission Staff Report October 5, 1993 - Planning Commission Minutes Excerpts cc: Ken Weathers, General Manager, Atascadero Mutual Water Company s (1(lil(1 ;`r Fire: The Fire Chief supported the acquisition of the creekway as part of an expanded system of ownership. Police: The Police Chief opposed the acquisition of the creek reserve citing the market value of the Sycamore Road lot, additional liability and maintenance responsibility, and notind that the Creek Reservations will remain in open space anyway. Wit respect to law enforcement impacts, he saw no change in responsibilities either way. Administrative Services: The former Administrative Services Director felt that acquiring the creekway lands could be an asset to the City but did not feel that trading the Sycamore lot would be fair given the worth of the Sycamore lot as a building site (the creekway prope ty is not) . He also expressed concerns about exposure to added liability, partic- ularly, as might result from flood damage. Parks and Recreation Commission Recommendation: The minutes of the Parks and Recreation Commission meeting on September 16, 1993, are enclosed with the Commission - on a 5 : 1: 1 vote - endorsing the trade proposal but request ng that staff "clarify that the Atascadero Creek Reservation access continue to the Salinas River and that City will not become liable for any previous litigation" . Planning Commission Recommendation: On October 5, 1993, the Planning Commission heard he matter and, on a 7 : 0 vote, found that the proposed exchange w uld be in con- formance with the Atascadero General Plan (see attached staff report and minutes excerpts) . ANALYSIS• The City already owns a considerable stretch of Atascadero Creekway Reserve and the 4=3, 500 foot segment proposed for transfer to the City would provide for continuous City and/or school ownership between the Southern Pacific railroad tracks and San Andres, a total of some X9250 feet ( 1 . 75 miles total) . The open space policies of the City' s Land Use, C nservation and Open Space Elements include the following relative to creekways : "a. Scenic and sensitive lands including creeks, riparian corri- dors, wetlands, and other areas of significant habitat value 00001 1� REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: D-2 Through: Andy Takata, City Manager Meeting Date: 11/09/93 File Number: GPCR 93-1 From: Henry Engen At Community Development Director SUBJECT: Request of Atascadero Mutual Water Company for proposed exchange of a portion of Atascadero Creekway Reservation for a City-owned lot on Sycamore. RECOMMENDATION• Agree to accept Creekway Reservation land but retain City owner- ship of Sycamore lot (except for dedication of an access easement to the Salinas River) . BACKGROUND: At the Council ' s meeting of August 10, 1993, Council considered the attached letter from the Atascadero Mutual Water Company proposing to exchange the City' s one-third acre vacant parcel on Sycamore for approximately ten (10) acres of Atascadero creekway lying between the West Mall Bridge and the railroad tracks. The action of the Council was to refer the matter to the Parks and Recreation Commission and the Planning Commission for their review and recom- mendation, including consideration of the State-mandated General Pian Conformity Report from the Planning Commission. DISCUSSION• Evaluation of this proposal requires consideration of a number of issues . These include liability, equity in property value exchange, consistency with City creekway preservation goals and General Plan policies, and details of an agreement, including access easements and water rights retention. Departmental Responses: The proposal was routed to City Departments with the following recommendations : ,' ATTACH .�l En 0 - a y' '• �� ,�;�~'•.'•. �_Y�•`'e' :I Vii: /� ��"_ ��/ 1•` �W ,moi I, +� -T\� 7 lJ i , t 4.r4(i :U 1 d wf 4) August 31, 1995 - Complete sewering (including residential hookups of Cease and Desist area G. On November 24, 1992 Council awarded a bid for the construction of the Santa Rosa Sewer Project and on January 26, 1993 , Ordinance No. 246, which mandated compulsory connection within 24 months, and which established fee assessments was passed unanimously by Council. Area G is the last Cease and Desist area which remains unsevered. Plans for the construction of a sewer extension to this area have been completed by the City Engineer. Construction of this sewer extension is anticipated to be begin in the spring of 1994 . Attachments: A) Map of Cease and Desist Areas 5 000052 owner would enter into an agreement to repay the City after a period of 15 years at 6% interest. 2) The development of a reimbursement agreement where each benefitting property would be required to enter into the agreement to repay the City when either their on-site septic system fails or when the property is sold. The report recommended that Council incorpo ate the second option into City policy and that all outstanding assessments be hereafter recorded as liens on those properties which are benefitting from such projects. The Director oE public Works highlighted the repayment method and noted that staff would be coming back with a repayment agreement for approval. Funding for the construction was approved by a 4:0 vote. Two months later, at the May 12, 1992 Counc'l meeting, the Director of Public Works presented to Council proposed Ordinance No. 246 which was to require connection to the municipal sewer system either upon septic tank failure or sale of the residence. Council expressed several concerns about this ordinance. The primary concern was that the proposed ordina a would allow properties to delay hooking up to the sewer. The Council by consensus, directed staff to prepare an alternativ ordinance which would implement only for the cost of thetion sewer line assessrcedure and properties no ne but also for nothe y cost of the hook-up as well. With knowledge that a public hearing cone ping the City's performance in adhering to State sanitation requa ements was to be held by the RWQCB the following day, on June 9, 1992 Council adopted Resolution No. 57-92 which found that it is necessary for the City to exercise all of the enforcement powers endowed by the State of California's Health and Safety Code (S ction 5463) , to ensure the connection of all buildings in Cease and Desist Areas. On June 10, 1992 the Regional Water Quality Control Board issued Cease and Desist Order No. 92-68 which establis ed a definitive time schedule for sewering the remaining unsewered Cease and Desist Areas. The schedule established is as follows: 1) March 31, 1994 - Complete severing (including residential hookups) of Cease and Desist area 1. 2) July 10, 1994 - Complete sewering (including residential hookups) of Cease and Desist. areas C and E. 3) August 31, 1994 - Complete sewering (including residential hookups of Cease and Desist area F. 4 Elilil�v�, sewered. Cease and Desist Area I gained physical access to the municipal sewer in 1987 when a sewer main was extended to serve the San Gabriel School. However, actual connection of the properties in Area I was thwarted until January 1992 when the City's General Plan was amended to allow Cease and Desist Areas located outside of the Urban Service Area access to the municipal sewer. Since it was the Atascadero Unified School District which paid the original cost of extending the sewer to this area, the benefiting property owners in Area I are required to reimburse the School District for their share of the sewer extension construction cost. After Cease and Desist Area K was sewered by a private developer in 1991, only two Cease and Desist areas remained unsewered, areas F5 and G. On July 9, 1991 the City's Director of Public Works provided Council with information on the feasibility, methodology and cost of providing municipal sewer service to Cease and Desist Area F5. Two conceptual engineering plans prepared by local engineering firms were attached to this report. A method whereby a project could be financed was also presented. This method consisted of installing the system using money from the Wastewater Division's facility reserve fund with the provision that the fund be reimbursed as connections were made. Although existing City Ordinance 181 required that once the sewer becomes available, connection take place within two years, this staff report recommended that the requirement to connect to the sewer system be delayed until either the house is sold or the septic tank system needs replacement and that the reimbursement amount be increased at a set rate to account for inflation. After public testimony and Council discussion, a Motion was unanimously carried which directed staff to prepare specific recommendations based upon the Director of Public Works proposal. On February 5, 1992, The Regional Water Quality Control Board (RWQCB) directed the City to submit a report by April 8, 1992 , which was to describe the methods by which the City has eliminated or plans to eliminate failing septic systems in Atascadero. The letter asked for a schedule for severing Areas F,G and I or justification, including documentation, why these areas can remain unsewered without impairing water quality. On March 10, 1992, the Director of Public Works presented Council with specific recommendations for Cease and Desist Area "F". These recommendations included the construction of a wastewater collection system funded by money borrowed from the City's Wastewater Division reserve funds. This report recommended that the $217, 181. 00 (est.cost) eventually be repaid to the Wastewater Fund by the benefitting properties through one of two possible mechanisms: 1) The development of an assessment district where all benefitting property owners are required to hook up to the system within two years. At that time each property 3 Obispo Department of Public Health which officially delineated nine • areas with high incidence septic system problems, was completed. In June of 1981 the RWQCB issued Cease and Desist Order No. 81-60 which required that sewer service be provided in six of the nine septic system problem areas. The Order identified the areas designated as C and E (Seperado, Cayucos) as having eighty percent of the system failures and specified a time schedule for sewering of these two areas. The compliance date specified was November 1, 1986. Cease and Desist Order No. 81-60 also order d that the four remaining areas be sewered according to a workplan to be developed by the ACSD. In 1983 the current wastewater treatment Eacilities were constructed with the assistance of the Step 2 Grant award. In 1984 the existing ACSD Sanitation Ordinance was amended to require connection to the public sewer, within twenty-four months, after public sewer service becomes available. In 1985 the residents located in that portion of Cease and Desist Area F located on the west side of Atascadero Lake along Marchant Way F6) , petitioned the ACSD to extend the public sewer to serve this area and assess them for the costs associated with this extension. his request was granted and Assessment District #3 was formed. The remaining portion of Cease and Desist Area F, located on the east side of Atascadero Lake (F5) , was not sews ed at this time because: 1) The ACSD was directed by Cease and Desist Order 81-60 to sewer Areas C and E by a specific date, November 1, 1986. No such time schedule was given for sewering Area F. With the deadline for sewering Areas C and E drawing near, sewering Area F was riot a primary concern. 2) Area F5 is geographly separated from Area F6 by Atascadero Lake. Area F6 was relatively easy to sewer, Area F5 was not. 3) The property owners in area F6 petitioned the ACSD for a sewer extension project and asked to be assessed for the cost of the extension. The property owners in Area F5 did not. ACSD reserve funds were used as the "up-front money to sewer area F6. To cover the cost of sewer line construction in Areas C and E, municipal bonds were sold. In all three cases, assessment districts were formed and the benefitting property owners were assessed for construction costs. By the end of 1986 responsibility for the ACSD had been assumed by the City and Cease and Desist areas C, E, and F6 were 2 0000119 REPORT TO COUNCIL November 3, 1993 • CITY OF ATASCADERO THROUGH: Andy Takata, City Manager VIA: Henry Engen, Director of Community Development FROM: Mark Markwort, Chief of Wastewater Operations SUBJECT: History of Cease and Desist Area Sewering A County "Report on Master Water and Sewerage Plan" (1972) and The "Atascadero Area General Plan" (1975) , concluded that the capacity of the existing wastewater treatment plant would be equalled sometime in 1979-80. In response to these reports, the Atascadero County Sanitation District (ACSD) requested that the Regional Water Quality Control Board (RWQCB) place a wastewater treatment construction project on the list for consideration for grant funding by the State Water Resources Control Board (SWRCB) and the Federal Environmental Protection Agency. The ACSD was subsequently requested to complete a "Plan of Study" which was submitted to the SWRCB in early 1976. As a result of the Plan of Study the ACSD was given a Step 1 Grant to assist in the ' preparation of preliminary studies in the form of a Facilities Plan - Project Report and Environmental Impact Report. The objective of the Project Report was to select the most cost-effective system consistent with technical and environmental factors that will satisfy the wastewater treatment/disposal needs of the ACSD through approximately 1990. The treatment/disposal needs of the ACSD were determined by population increase projections, projected increases in connections by the existing population, and expansion of the collection system to serve areas which were identified by the County Building Department as having numerous septic system failures. After submittal of the report, a conditional Step 2 Grant was awarded to the ACSD with the stipulation that; "The grantee agrees to delineate and define the septic tank areas and submit their connection schedule 120 days after receipt of the Step 2 grant. The grantee agrees that no less than 60 percent of the septic tank failing areas will be connected to the treatment plant at the time of commencing operation of the treatment plant. " Since no funding was available to meet this condition, the ACSD asked that this condition be rescinded. This request was denied. However, the condition was modified to allow up to three years for the connection of 60 percent of the areas with failing septic systems. In March of 1981, a survey conducted by San Luis 1 0000118 Resolution No. 132-93 . page five ATTEST: CITY OF A ASCADERO LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney APPROVED AS TO CONTENT: HENRY ENGEN Director of Community Development Resolution No. 132-93 page four 25 56-261-059 Trowbridge $8,434 .37 8400 Santa Rosa Atascadero, CA 93422 26 56-261-059 Britton $8,434. 37 8410 Santa Rosa Atascadero, CA 93422 27 56-261-47 Stout $8,434. 37 8380 Santa Rosa Atascadero, CA 93422 28 56-261-062 Fitzpatrick $8, 434. 37 8360 Santa Rosa Atascadero, CA 93422 29 56-261-055 Towles $8,434. 37 8350 Santa Rosa Atascadero, CA 93422 30 56-261-054 Wilkerson $8,434. 37 2030 San Vincente Long Beach, CA 90815 31 56-261-004 Dugar $8,434. 37 8330 Santa Rosa Atascadero, CA 93422 32 56-351-004 Blankenship $8,434. 37 8300 Santa Rosa Atascadero, CA 93422 On motion by Councilmember and seconded by Councilmember the foregoing Resolution is adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: DATE: 00(?6i1143 Resolution No. 132-93 page three 13 56-322-026 Anderson $8,434. 37 8405 Santa Rosa Atascadero, CA 9342 14 56-322-007 White $8,434. 37 9500 Mt. View Atascadero, CA 9342 15 56-322-006 Fernandez $8,434. 37 9460 Mt. View Atascadero, CA 9342 16 56-322-032 Ransom $8,434 .37 9420 Mt. View Atascadero, CA 9342 17 56-321-006 Largomarsino $8,434. 37 9425 Mt. View Atascadero, CA 9342 18 56-321-007 Van Gundy $8,434. 37 P.O. Box 234 Atascadero, CA 9342 19 56-321-008 Burns $8,434. 37 9465 Mt. View Atascadero, CA 9342 20 56-321-012 Dodson $8, 434 . 37 9475 Mt. View Atascadero, CA 9342 21 56-321-021 Diedum $8, 434. 37 9575 Lakeview Atascadero, CA 9342 22 56-321-020 Adams $8,434.37 8435 Santa Rosa Atascadero, CA 9342 23 56-321-010 Wiley $8,434. 37 P.O. Box 77 Atascadero, CA 9342 24 56-261-051 Trowbridge $8, 434 .37 8400 Santa Rosa Atascadero, CA 9342 Resolution No. 132-93 page two interest charges shall be deferred until either the open space easement is rescinded (upon request of owner and approval of the City Council) or at end of the 15 year payment period, whichever occurs first. Section 5. The properties that are intended to be included in Assessment District 17 is listed as follows: Assessment District #7 Assessment Roll ASMT-1 A.P.N. OWNER AMOUNT 1 56-322-023 City of Atascadero $8,434. 37 2 56-322-023 City of Atascadero $8,434 . 37 3 56-322-023 City of Atascadero $8,434 .37 4 56-322-016 Young $8,434.37 9425 Lakeview Atascadero, CA 93422 5 56-322-018 City of Atascadero $8,434.37 6 56-322-017 City of Atascadero $8,434 .37 7 56-322-019 Messer $8,434. 37 P.O. Box 2507 Atascadero, CA 93423 8 56-322-020 New Owner $8,434 .37 9545 Lakeview Atascadero, CA 93422 9 56-322-021 Diedum $8,434. 37 9575 Lakeview Atascadero, CA 93422 10 56-322-011 City of Atascadero $8,434. 37 it 56-322-010 City of Atascadero $8,434. 37 12 56-322-027 Johnson $8,434.37 8401 Santa Rosa Atascadero, CA 93422 000044 RESOLUTION NO. 132-93 • A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING FORMATION OF ASSESSMENT DISTRICT NO. 7 (Santa Rosa Road - Cease and Desist Area "F") WHEREAS, on June 12, 1981 the Regional Water Quality Control Board issued Cease and Desist Order No. 81-60 prohibiting the use of septic systems in designated areas of Atascadero, including a potion of the area shown as Assessment District No. 7 on attached Exhibit A; and WHEREAS, on June 8, 1992 the Regional Water Quality Control Board issued Cease and Desist Order No. 92-68 reconfirming their requirement that the remaining areas be provided with sewer service by specific deadlines; and WHEREAS, the City Council of the City of Atascadero held a properly noticed Public Hearing on October 26, 1993 at which a majority protest was presented; and WHEREAS, the City Council voted to over-ride the majority protest; and WHEREAS, it is in the best interest of the City of Atascadero to provide sewer service to the subject properties in conformance with the City's General Plan; and WHEREAS, the extension of utility service to existing private structures are categorically exempt pursuant to the provisions of the California Environmental Quality Act (Class 19) . NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ATASCADERO AS FOLLOWS: Section 1. The Council finds that the territory described in this Resolution will be benefitted by public sewer service, and creation of Assessment District 17; Section 2 . An interest rate of 5% shall be charged on the unpaid principal amount of the assessment; Section 3. The Annexation Fee of $550. 00 will be waived for those properties connected to the sewer system prior to August 1, 1994; Section 4. Assessment Lot No. 32 (APN 56-351-004) may enter into an agreement with the City of Atascadero to record an open space easement across said parcel .and in exchange for the public benefit derived, the payment of the assessment plus 5% annual EXHIBIT A R ' a s CU O Z O S ©y � N r �► 0 N � N N .P N S S " Oct. 31 , 1993 To: Atascadero City Planning & Development Dept . c/o Henry Engen Subject: Santa Rosa Rd . sewer system variance: To whom it may concern; This letter will document our request to be exempt of all assessments to be levied against our 5 acre parcel of pasture land on 8300 Santa Rosa Rd. It is well documented that the great majority of this parcel is often flooded during our winter seasons , which would make it very costly, if ever permitted to develope this law land area for a future housing development . We have lived here for seventeen years , after building our home up on the knoll , so we ,ve seen alot of water pass by . We wish to keep the present cattle operation continuing for as long as we can manage so , and we definitely have no plans in the future to develope it . We therefore propose a legal note be attached to our deed on this parcel which would mandate full payment, (assessment , plus interest , up to fifteen years at 5%, ) if a new landowner should wish to develope this parcel .. This sum could be paid to the City or Sewer district. In summary, we, (my wife and I , ) wish to express our sincere appreciation for the good logic and judgement shown in working with and handling these most difficult sewer districts problems . Sincerely , Art & Betty Blankenship ! \�I 8300 Santa Rosa Rd . Atascadero, Calif . 93422 Z �1 (805 ) 466-2763 CO3,,A UNITY DEVE!OPMENr With respect to the 5.02 acre Blankenship parcel, discussions have been held leading to the attached letter which has been reviewed by the City Attorney. Should the Council desire to keep this land in open space, staff would recommend that the Blankenship parcel be included in the District but that - in exchange for recording an open space easement across the lot - that no fee be charged until either (1) the open space easement is rescinded per approval of the owner and the City or (2) At the end of the 15 year period, whichever occurs first. The amount due would be $8,434.37 plus 5% annual interest pro-rated through the da a of payment. ' Since these assessments will not be added to the tax roles until next summer, there is adequate time to record the open space/assessment commitment to the satisfaction of the City Attorney. On receipt of proof of such a recording the assessment for the Blankenship parcel (#'32 in the attached Resolution) would be listed as 11011. Approval of an open space easement on the Elankenship lot would, at least temporarily, eliminate the only potential for a lot split in the proposed district. At the City Council's October 26th Hearing Mr. Lanny Dugar (8330 Santa Rosa) correcte the record by noting that his parcel is 3.08 acres and not the 5102 acres shown on the Assessor's map. Staff has verified that this lot could not be split under the RSF-Z zoning standards (1-1/2 to 2-1/2 acre minimum lot size, depending on lot size factors) . In response to some of the questions raised at the Public Hearing, the Chief of Wastewater operations has prepared the . accompanying history of the Cease and Desist Areas Encl: November 2 1993 letter - Art Blankenship Resolution No. 132-93 Santa Rosa Area Sewer Project Map (revised) November 3, 1993 report - History of Cease and Desist Area Sewering, Mark Markwort 0000110 REPORT TO CITY COUNCIL Meeting Date: 11-9-93 CITY OF ATASCADERO Agenda Item: D-1 Through: Andy Takata, City Manager ce From: Henry Engen, Director of Community Development W Valerie Humphrey, Engineering Division SUBJE Formatio of Assessment District No. 7 - Santa Rosa area. RECOMMEND ION: Staff recommends passage of Resolution No. 132-93 which documents the conditions for Assessment District #7 and sets the boundary of benefit. BACKGROUND: At the City Council meeting of October 26th Council held a Public Hearing regarding the formation of Sewer Assessment District #7. Following the Public Hearing four adjustments were made to the ' proposed reimbursement formula. Those adjustments were: 1) Establish an interest rate of 5% (vs 10%) on unpaid balance of assessment. 2) Waive $850. 00 Annexation Fee for those properties that connect before the RWQCB deadline of August 1, 1994 3) Include an additional 5 City lots for a total of 7 City lots within the 32 lot District 4) Negotiate with Art Blankenship relative to keeping the pastureland in open space and possibly modifying the boundary. The total cost of $269,899.68 will be divided between 32 benefitting properties to arrive at an individual assessment of $8,434. 37. The assessment can be paid in full at any time or financed at 5% interest for 15 years. Over 15 years the original estimated annual payment for a $9,996.28 assessment at 10% would have been $1315.54. With the adjustment, a revised cost of $8,434.37 at 51% over 15 years reduces to an estimated annual payment of $789.66. The City's overall share of $59, 040 would be paid out of the Wastewater Treatment Fund. is (}00039 MINUTES EXCERPTS CITY OF ATASCADERO PLANNING COMMISSION 10/19/93 ACTION MINUTES SUBJECT: B.1. ZONE CHANGE 93-003: Initiation of Zoning Ordinance Text amendment affecting the CT (PD 10) zone located at the intersection of Marchant Avenue and Alcantara. (Robert Newdoll/Eric Hagen) STAFF RECOMMENDATION: (DeCamp) Staff recommends that the Commission initiate Zone Change 93-003, amending the PD (Planned Development) Overlay #10 zone for the Commercial Tourist zoning district at the intersection of Marchant Ave. and Alcantara. TESTIMONY: Eric Hagen, representing Robert Newdoll, testified in support of initiation of the study of the subject site and briefly reviewed the applicant's desire to develop a mini storage facility. ACTION: Approve staff recommendation. Motion: Edwards Second: Berger AYES: Wallace, Lochridge, Edwards, Carden, Berger, Bonnema, Johnson NOES: None ABSENT: None • (Page 3 of 6) ()0(��� a A' 1f1-t11vtr.NT A .. . . . CITY OF ATASCADERO Z ne Change 93-003 '�� ' "'� Study Area Map COMMUNITY DEVELOPMENT ;,l DEPARTMENT ri - -�! Aj cr Y AAE --L! 41 y _ SCA 00003 STAFF REPORT ZONING ORDINANCE TEXT October 19, 1993 AMENDMENT INITIATION Page 2 by its location, access concerns and the presence of residential uses on adjacent lots . The current owner of the parcels believes that their development as a mini storage facility would be both economically viable and could be accomplished in a manner that is sensitive to the site' s obvious development constraints . Although staff has not undertaken any formal analysis of this proposal, the concept does appear to have merit . An amendment to the list of conditionally allowed uses in the PD overlay zone would be the most appropriate way to affect the desired change . CONCLUSIONS: The amendment of Planned Development Overlay Zone #10 may provide an appropriate, alternative vehicle for the development of a group of parcels whose ultimate use is clearly constrained by location, size and adjacent residential development . ATTACHMENTS : Attachment A - Study Area Map 00003f,", CITY OF ATASCADERO Item: B . 1 STAFF REPORT FOR: Planning Commission Meeting Date : 10-19-93 • BY : n/P Steven L. DeCamp, City Planner File No : ZC 93-003 SUBJECT: Initiation of Zoning Ordinance Text amendment aff cting the CT (PD 10) zone located at the intersection of Marchant Ave and Alcantara. RECOMMENDATION: Staff recommends that the Commission initiate ZonE Change 93-003 amending the PD (Planned Development) Overlay #10 zone for the Commercial Tourist zoning district at the intersection of Marchant Ave . and Alcantara. SITUATION AND FACTS: 1 . Applicant . . . . . . . . . . . . . . . . . . . .Robert Newdo 1 2 . Representative . . . . . . . . . . . . . . .Eric Hagen 3 . Project Address . . . . . . . . . . . . . .5000 Marchant 3 . General Plan Designation. . . . .Tourist Commercial 4 . Zoning District . . . . . . . . . . . . . .CT (PD 10) 5 . Existing Use . . . . . . . . . . . . . . . . .Vacant BACKGROUND: Zoning Ordinance Section 9-1 . 114 and 9-1 . 115 provide that Zoning Ordinance Text and Map amendments may be initiatec by either the City Council or the Planning Commission. After such amendments are initiated, staff will prepare a report and recommendations for consideration at public hearings before the Planning Commission and, subsequently, the City Council . Final action on such amendments must be by Ordinance adopted by the City Council . ANALYSIS: The undeveloped parcels at the intersection of Ma chant Avenue and Alcantara have been zoned at various times foi multiple family, office, and commercial tourist uses . The current zoning of the property is Commercial Tourist with a Plan ed Development Overlay . Actual development of the property has teen constrained 000 �s.> REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-10 Through: Andy Takata, City Manager Meeting Date: 11/09/93 File Number: ZC 93003 From: Henry Engen 0, Community Development Director SUBJECT: Initiation of a Zoning Ordinance Text Amendment relative to the CT (PD 10) Zone located at the intersection of Marchant Avenue and Alcantara. RECOMMENDATION: Accept the Planning Commission' s recommendation to initiate consideration of this proposed PD10 Planned Development Zoning Text Amendment. BACKGROUND: A Zoning Map and Text Amendment may be initiated by the Planning Commission or City Council and is brought to the City Council for concurrence in that it would modify the Planning Division' s Work Program. ANALYSIS• There has been a long history of proposed projects under varying General Plan and Zoning designations on this site, which is a uniquely difficult one. The current owner of the parcels is seeking to modify the PD' s zoning standards to permit a mini storage compatible with the neighborhood. This type of land use would appear to have appeal in that it would generate significantly less traffic than alternate land uses currently allowed. Analysis by staff and review by the Planning Commission would look to the impacts and aesthetics of allowing such a conditionally allowable use as a buffer between residences and the more intensive Tourist Commercial development anticipated on Morro Road. HE:ph Encls : October 19, 1993 - Planning Commission Staff Report October 19, 1993 - Planning Commission Minutes Excerpts cc: Robert Newdoll . Eric Hagen EXHIBIT "A" Resolution No. 106-93 20' Red 126' Red w U H W W O H M P-4 50' White* 50' Red 20' Red * BuE Stop and newspaper racks to be relocated to white zone 0 {)00033 RESOLUTION NO. 106-93 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A NO PARKING ZONE ON EL CAMINO REAL IN FRONT OF THE POST OFFICE WHEREAS, Section 4-2 . 1101, et. seq. , of the Atascadero Municipal Code allows the City Traffic Engineer to designate "No Parking" areas, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Traffic Committee has determined that establishing a No Parking zone in front of the Post Office will improve a sight hazard. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings as indicated in the attached "Exhibit "A" . On motion by ,and seconded by , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor APPROVED AS TO FORM: ARTHER MONTANDON City Attorney APPROVED AS TO CONTENT: HENRY ENGEN Director of Community Development 00003," FISCAL IMPACT• The cost of these modifications will be approximately $500 for painting and signs to be paid out of currently bud eted funds. Attachments: Resolution No. 106-93 cc: Postmaster 000031 REPORT TO CITY COUNCIL Meeting Date: 11-9-93 CITY OF ATASCADERO Agenda Item: B-9 Through: Andy Takata, City Manager Via: Henry Engen, Director of Community Development From: Valerie Humphrey, Engineering Division SUBJECT• Establishment of No Parking zone on El Camino Real in front of the Post Office. RECOMMENDATION' It is the recommendation of the Traffic Committee that Council adopt Resolution No. 106-93 authorizing the modifications as described on the attached resolution. DISCUSSION• This item was originally presented to Council at the meeting of September 14, 1993 . At that time the red curb requested extended along the entire frontage of the Post Office property. Council denied the request as the proposal did not allow for the bus loading zone or access to the newspaper sales racks. This issue was returned to the Traffic Committee for further review. Upon reconsideration it is recommended that No Parking be established along the frontage of the Post Office property except where necessary for the bus loading zone and newspaper sales racks, which are proposed to be moved north to improve sight distance considerations. Parking needs appear to be adequately met with the on-site spaces provided by the Post Office. It was noted that the vehicles parked at the curb are frequently "For Sale" vehicles which are parked for long term. OPTIONS• 1) Adopt Resolution No. 106-93 2) Deny Resolution No. 106-93 3) Return item to Traffic Committee for further review 0000:30 RESOLUTION NO. 44-93 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING LOADING ZONES AT THE ATASCADERO LAKE PAVILION WHEREAS, Section 4-2 . 1201, et. seq. , of the Atascadero Municipal Code allows the City Traffic Engineer to designate "Loading Zones" areas, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Traffic Committee has determined that establishing two Loading Zones at the Atascadero Lake Pavilion will provide a needed facility for citizens utilizing the facilities. NOW THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings to provide for loading zones located on the east side of the Pavilion, adjacent to the existing handicap stall, and adjacent to the Ranger House on the eastern side of the parking lot. On motion by and seconded by , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor APPROVED AS TO FORM: ARTHER MONTANDON City Attorney APPROVED AS TO CONTENT: HENRY ENGEN Director of Community Development 00001!` 0 OPTIONS: 1) Adopt Resolution No. 44-93 2) Deny Resolution No. 44-93 3) Return item to Traffic Committee and/or Parks and Recreation Commission for further review FISCAL IMPACT: The cost of these modifications will be approximately $150.00 for painting and signs to be paid out of currently budgeted funds. REPORT TO CITY COUNCIL Meeting Date: 11-9-93 CITY OF ATASCADERO Agenda Item: B-8 Through: Andy Takata, City Manager via: Henry Engen, Director of Community Development .0; From: Valerie Humphrey, Engineering Division SUBJECT: Establishment of Loading Zones at Atascadero Lake Pavilion. RECOMMENDATION• The Traffic Committee recommends that Council approve Resolution No. 44-93 authorizing the installation of two loading zones at the Atascadero Lake Pavilion. DISCUSSION• This item was originally presented to Council on June 8th of this year. At that time Council expressed concern that parking was at a premium at the park and that designating two spaces loading zones would be excessive. The request was returned to the Traffic Committee for further review. Since that time the Rotary Club has improved the walkway through the park providing easier access to the Pavilion area from the larger parking lot near the Zoo. The Parks and Recreation Commission has again asked for two spaces to be designated loading only. The Commission cites the need of the zoo docents for access in loading and unloading the small animals and reptiles from the Ranger House for educational programs presented outside the park along with Pavilion uses. The Traffic Committee has concurred with the request and feels that in light of the parking available at the Zoo that the request is reasonable and should be approved. • 00n01-117 'ON,T.7Vq v /J 97 60 O4Q J9Q ASH 3 -4j N O ST /2/.9 QEIa/ ao y b 60 4/./6 io v � /29 075 Q v w A U O 0 0 O O O N 60 60.J(D 9401 /J/.e26 4 m /o9s " -, C-) Owl �+ q /29.ISO 0 P W 44 h Q �.)4/.46 60 (1I by pQ ql � V BIRCH ST. 7/09 5 rnn r= D v olC 40./ 60 60 Om eOD /29 4S4 O O u PO 4 O ° y o Lya y W r 60.E 6o W O 6O O w o /z70u D /o9.s n w y W v 60 N 60.y O O O/24.7/ A � 4 O `O m O O o OO p to u o® 60 J9.8 /22 JJa MAPLE _ ST. Z4 04 40./ 60 4 L E,,t //9 967 60 4/6 w TR. 209 O y O O O O ~ I . Go.00z c� � 4 70 /44 60072 60 Sv /d0.3 M 4� I7 t .� � O th r iP1 Il Jf 4S Ss W 'A 4 4 N Z PINE LjiO t 840S 0 /J6 6 C S/.7J ✓y O v O A tia Q'O V 9/ Z UB 09 y VN U P u " U W V � m � y o®w m leo.s/ Q IJ 20 d S9 99 77 09 O ` 64 1 Z Jr. � s-0 /a " O--j '1 y c� 6o,e 0 F m y ti® a p o O odpl sy-�6 o N U O O , s N to X597q ~ J"y 6q � Jp y, (r .�.Zy96,Y Jvp/ ,O iJ J SA N RA F Rn AES RESOLUTION NO. 131-93 RESOLUTION OF THE CITY COUNCIL OF THE C TY OF • ATASCADERO ESTABLISHING A 25 MPH SPEED RIMIT IN THE PERKINS MOBILE HOME SUBDIVISI N WHEREAS, Section 4-2 . 501, et. sect, of the Atascadero Municipal Code allows the City Traffic Engine r, through an engineering and traffic survey, to determine the appropriate speed limit for streets within the City; and WHEREAS, an engineering and traffic survey conducted by the Atascadero Police Department determined that the appropriate and safe speed is 25 miles per hour ("MPH") within thEt Perkins Mobile Home subdivision. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings to indicate a 25 MPH speed limit in the area noted on attached Exhibit A. On motion by Councilmember z nd seconded by Councilmember the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES• ABSENT: ADOPTED: ATTEST: By: LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor APPROVED AS TO FORM: ARTHER MONTANDON City Attorney APPROVED AS TO CONTENT: HENRY ENGEN Director of Community Development REPORT TO CITY COUNCIL Meeting Date: 11-9-93 CITY OF ATASCADERO Agenda Item: B-7 Through: Andy Takata, City Manager Via: Henry Engen, Director of Community Developmental`- From: Valerie Humphrey, Engineering Department SUBJECT: - Establishment of 25 MPH speed limit in the Perkins Mobile Home Subdivision. RECOMMENDATION• Traffic Committee recommends approval of Resolution No. 131- 93 . DISCUSSION• The Perkins Mobile Home subdivision is a high density residential area. The property owners on this street are concerned about the speed and have approached the Traffic Committee regarding lowering the existing speed limit. This area meets the legal criteria for posting a 25 MPH speed limit, which is determined by residential density. OPTIONS• 1) Approve Resolution No. 131-93 2) Deny Resolution No. 131-93 3) Return to Traffic Committee for further consideration FISCAL IMPACT• The cost of signage for this modification is estimated to be approximately $400 . 00. 0000"411 EXHIBIT A Resolution 130-93 VIRGINIA PLAZA w x 0 z H U COAST TO COAST a w PAYNE%'S MUSIC 20 Min. t NATURALLY COUNTRY Red Curb VCR/TV REPAIR SERVICE STATION TRAFFIC WAY 000 ._1 RESOLUTION NO. 130-93 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING ONE PARKIN SPACE A 20 MINUTE PARKING ZONE IN THE 5900 BLOCK OF EL CAMINO REAL WHEREAS, Section 4-2 . 1301 et. sequence of the Atascadero Municipal Code allows the City Traffic Enginee to designate limited time parking areas, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Traffic Committee has studied the traffic problems at this location and have determined that a 20 Minute Parking area is appropriate. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings as indicated on attached Exhibit "A" . On Motion by Councilman , and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on th following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY CF ATASCADERO LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor APPROVED AS TO FORM: ARTHER MONTANDON City Attorney APPROVED AS TO CONTENT: HENRY ENGEN Director of Community Development REPORT TO CITY COUNCIL Meeting Date: 11-9-93 CITY OF ATASCADERO Agenda Item: B-6 Through: Andy Takata, City Manager( , via: Henry Engen, Director of Community Development `-111 From: Valerie Humphrey, Engineering Division SUBJECT: Request for 20 Minute Parking in 5900 Block of E1 Camino Real. RECOMMENDATION• Traffic Committee recommends approval of Resolution 130-93 . DISCUSSION: The Traffic Committee was approached by the owner of the business at 5915 El Camino Real, a TV and VCR repair shop, that was having trouble loading and unloading equipment. The only access for this business is on El Camino Real and the curb directly in front is painted red due to a fire hydrant. The owner originally requested a loading zone however the Committee felt that to completely eliminate a parking space was unwise in the downtown area. A compromise was reached with the recommendation to establish a 20 minute parking space just north of the existing red curb. This limited time parking space should not be detrimental to any of the affected stores. FISCAL IMPACT• The cost of this modification is estimated at approximately $50. 00 to be paid out of currently budgeted funds. cc: Mr. Don Price - BIA Avenal � o � o � o � El Parque 0 00001110 • RESOLUTION NO. 129-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO DESIGNATING STOP INTERSECTION ON EL PARQUE AT SANTA ROSA WHEREAS, Section 4-2 . 801 et seq. of the Atascadero Municipal Code allows the City Traffic Engineer to determine the location of STOP intersections, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Atascadero Traffic committee has recommended that Establishing a STOP intersection at this locatiom will improve traffic safety. NOW, THEREFORE, BE IT RESOLVED that the Citv of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings indicating STOP intersections at the location listed above. On motion by Councilmember and seconded by Councilmember , the foregoing Resolution is h reby adopted in its entirety on the following roll call vote: AYES NOES: ABSENT: ADOPTED: ATTEST: LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor APPROVED AS TO FORM: ARTHER MONTANDON City Attorney APPROVED AS TO CONTENT: HENRY ENGEN Director of Community Development REPORT TO CITY COUNCIL Meeting Date: 11-9-93 CITY OF ATASCADERO Agenda Item• B-5 Through: Andy Takata, City Manager , , Via: Henry Engen, Director of Community Development , From: Valerie Humphrey, Engineering Division SUBJECT Establishment of Stop intersection. RECOMMENDATION The Traffic Committee recommends that Council adopt Resolution No. 129-93 creating a stop intersection on El Parque Avenue at the intersection with Santa Rosa. DISCUSSION This section of Santa Rosa has a rise which creates a problem for motorists entering from the side streets. Requiring cars exiting El Parque and entering Santa Rosa to stop will improve this situation. OPTIONS 1) Approve Resolution No. 129-93 2) Deny Resolution No. 129-93 3) Return to Traffic Committee for further consideration. FISCAL IMPACT The cost of this installation is estimated to be approximately $150 . 00 to be paid out of current fiscal year budgeted funds. Avenal c O c � E1 Parque . 0 • RESOLUTION NO. 128-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO DESIGNATING STOP INTERSECTION ON AVENAL AT SANTA ROSA WHEREAS, Section 4-2 . 801 et seq. of the Atascadero Municipal Code allows the City Traffic Engineer to determine the location of STOP intersections, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Atascadero Traffic committee has recommended that Establishing a STOP intersection at this location will improve traffic safety. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings indicating STOP intersections At the location listed above. On motion by Councilmember and seconded by Councilmember , the foregoing Resolution is h reby adopted in its entirety on the following roll call vote: AYES NOES: ABSENT: ADOPTED: ATTEST: LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor APPROVED AS TO FORM: ARTHER MONTANDON City Attorney APPROVED AS TO CONTENT: HENRY ENGEN Director of Community Development OOs)O 3tr REPORT TO CITY COUNCIL Meeting Date: 11-9-93 CITY OF ATASCADERO Agenda Item• B-4 Through: Andy Takata, City Manager Lam-' Via: Henry Engen, Director of Community Development From: Valerie Humphrey, Engineering Division SUBJECT Establishment of Stop intersection. RECOMMENDATION The Traffic Committee recommends that Council adopt Resolution No. 128-93 creating a stop intersection on Avenal Avenue at the intersection with Santa Rosa. DISCUSSION This section of Santa Rosa has a rise which creates a problem for motorists entering from the side streets. Requiring cars exiting Avenal and entering Santa Rosa to stop will improve this situation. OPTIONS 1) Approve Resolution No. 128-93 2) Deny Resolution No. 128-93 3) Return to Traffic Committee for further consideration. FISCAL IMPACT The cost of this installation is estimated to be approximately $150. 00 to be paid out of current fiscal year budgeted funds. 00001;. RESOLUTION NO. 127-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO DESIGNATING STOP INTERSECTION ON NAVIDAD AVENUE THE INTERSECTION WITH SAN JACINTO WHEREAS, Section 4-2 . 801 et seq. of the Atascadero Municipal Code allows the City Traffic Engineer to determine the location of STOP intersections, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Atascadero Traffic committee has recommended that Establishing a STOP intersection at this locatiom will improve traffic safety. NOW, THEREFORE, BE IT RESOLVED that the Cit of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings indicating STOP intersections at the location listed above. On motion by Councilmember a d seconded by Councilmember the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES NOES: ABSENT: ADOPTED: ATTEST: LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor APPROVED AS TO FORM: ARTHER MONTANDON City Attorney APPROVED AS TO CONTENT: HENRY ENGEN Director of Community Development 000013 REPORT TO CITY COUNCIL Meeting Date: 11-09-93 CITY OF ATASCADERO Agenda Item: B-3 Through: Andy Takata, City Manager Via: Henry Engen, Director of Community Development From: Valerie Humphrey, Engineering Division SUBJECT Establishment of Stop intersection. RECOMMENDATION The Traffic Committee recommends that Council adopt Resolution No. 127-93 creating a stop intersection on Navidad Avenue at the intersection with San Jacinto. DISCUSSION The request for a stop sign at this location came from a resident in the area who writes that traffic does not hesitate when entering San Jacinto from Navidad causing many "close calls" . After review of the location the Traf f is Committee agreed with that a stop sign on Navidad Avenue would improve safety in this area. OPTIONS 1) Approve Resolution No. 127-93 2) Deny Resolution No. 127-93 3) Return to Traffic Committee for further consideration. FISCAL IMPACT The cost of this installation is estimated to be approximately $150. 00 to be paid out of current fiscal year budgeted funds. INVESTMENTS TIME DEPOSITS CERTIFICATES OF DEPOSIT, SAVINGS, AND LOCAL AGENCY INVESTMENT FUND 9/30/93 INTEREST TIME DEPOSITS: AMOUNTRECEIVED (5) Orange County Investment Pool/TRAM $2, 109.272. $29,494. Orange County Investment Pool 7,096,742. 77,529. Local Agency Investment Fund 6, 046. 1,771. TOTAL TIME DEPOSITS $9,212,060. $108,794 . Mid-State Interest Received 1, 161. TOTAL INTEREST RECEIVED $109,955. (6 ) Notes: ( 1) Reserved Fund cash is specified for City debt service. (2) Unreserved Fund cash can be used for normal operations of the City. (3) The City must repay the $2,000, 000. (plus interest IRAN (Tax and Anticipation Note) , which is due in July, 1994 from this Fund. 0 (4 ) The City must repay $2,079,778. due on this TRAN in November, 1993 from this fund. This fund has earned $70,453. in interest through September 30, 1993. (5 ) September interest yields are as follows: Orange County 7 .74% LAIF 4 .43% Mid-State 2 . 04% (6 ) This is actual amount deposited to City accounts t rough September 30, 1993, and does not reflect interest amounts accruel but not received. Also not included above are interest amounts earnei in Fiscal Agent or County accounts, which are used for bond retirement purposes. 00001.1 ALL FUNDS - GENERAL ACCOUNTIINVESTMENTS RESERVED UNRESERVED CASH ( 1) CASH (2) FUNDS General Fund Pooled Cash $ $1,257,643. (3) Gas Tax Fund Pooled Cash -4, 899. Development Fee Pooled Cash -0- A.D. #4 - Reserve Pooled Cash 50,534. Zoo Enterprise Pooled Cash -34,271. Payroll Trust Pooled Cash -55, 106. TRAN Repayment Pooled Cash 2, 109,272. (4) 92 CDBG-NCWS Pooled Cash 19. Dial-A-Ride Pooled Cash -91, 109. WasteWater Fund Pooled Cash 2,723,526. Lake Park Pavil. Pooled Cash -17,288. Aquatics Pooled Cash -19,340. Recreation Pooled Cash -20,861. Tree Plant Fund Pooled Cash 30,358. Tree Assn Fund Pooled Cash 747. Sidewalk Trust Pooled Cash 42,973. Police Training Pooled Cash -565. Weed Abatement Pooled Cash -6,486. A.D. #4 Redemptn. Pooled Cash 10,751. A.D. #4 Redemptn. Pooled Cash 11,916. A.D. #5 Redemptn. Pooled Cash 14,223. Camino Real Redm Pooled Cash -2,056. COP Debt Svc Pooled Cash -24, 341. apital Project Pooled Cash -60,072. ' 89 COP Const. Pooled Cash -11,521. Pol.Dev. Fees Pooled Cash -112,985. Fire Dev. Fees Pooled Cash 207,995. P&R Dev. Fees Pooled Cash -218, 185. Drain. Dev. Fees Pooled Cash 358, 141. Amapoa-Tec. Fee Pooled Cash 192,497 . Public Works Pooled Cash 331,081. St. Main. Dist. Pooled Cash 41,224. TDA Non-Transit Pooled Cash 233,632. Camino Real Const. Pooled Cash 1,454, 128. Las Encinas Cnst. Pooled Cash 566, 800. 3F Meadows Const. Pooled Cash 337,728. TOTAL ALL FUNDS $2, 170,299. $7, 125, 804. CASH WITH FISCAL AGENT Camino Real Resr Cash $ 201, 000. 92 St. A.D. Resv Cash 45, 170. Wastewater Fund Cash 73, 866. Camino Real Redm Cash 168, 000. 92 St. A.D. Redm. Cash 3,420. 89 COP Debt Svc. Cash 198, 191. 0OTAL WITH FISCAL AGENT $ 689,647 . CITY OF ATASCADERO TREASURER'S REPORT FOR THE MONTH OF SEPTEMBER, 1993 FISCA GENERAL ACCT. INVESTMENTS AGEN TOTAL BEGIN. TREASURER'S $115,434 . $8,717, 176 . $685, 199. $9,517,809. BALANCE RECEIPTS 650,244 . 944, 884 . 4,148. 1,599,576. DISBURSEMENTS <888,430.> <888,430.> TRANSFERS IN 450,000. <450, 000.> -0- TRANSFERS OUT -0- OTHER (RETURNED -0- CHECKS) BALANCE $327,248. $9,212, 060. $689,647. $10,228,955. DEPOSITS IN -0- TRANSIT CHECKS OUTSTANDING <243,205.> ADJUSTMENTS -0- ADJUSTED TREASURER'S BALANCE $9,985,750. CITY OF ATASCADERO MURIEL C. KORBA City Treasurer a:treas-rpt #40 • REPORT TO CITY COUNCIL CITY Of ATASCADERO Agenda Item: B-2 From: Micki Korba, City Treasurer Meeting Date: 11/9/93 SUBJECT: Treasurer's Report - September 1993 RECOMMENDATION: Council review and approve. BACKGROUND: The attached Treasurer's Report is in a new format which I hope will give Council and the public more complete information on Atascadero's financial picture (courtesy of Art Montandon and the City of Santa Maria). Since the present circumstances are quite different from the previous year and there was no previous month to compare to, I believe the September report presents as much current information as is possible at this time. The October report will be completed as soon as all the figures for that month are available. MK:cw • 00000111-i 4:0 by roll call vote. 4. PROPOSAL TO PLACE A PARKS AND RECREATION COMMISSIONER ON THE CITY/SCHOOL COMMITTEE Andy Takata provided a brief staff report and presented the recommendations. By mutual consent, the City Council acknowledged the concept; directed staff to formally present the proposal to the Atascadero School District; and if accepted, to draft an amendment to Ordinance 101 for Council consideration. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Attorney Art Montandon added a Closed Session regarding matters relating to labor negotiations and pending litigation entitled, Dechance v. City. 2. City Treasurer Micki Korba announced that she would be happy to verify, by appointment, her statement previously made at the City Council meeting of August 24, 1993 regarding the City's current financial situation. In addition, she reported that accounting streamlining had been accomplished thanks to the efforts of an account clerk in the Finance Department. 3. City Manager Andy Takata provided an overview of the next meeting agenda. He also announced that Mark Joseph, Administrative Services Director, was resigning and taking a position with the City of American Canyon. AT 8:16 P.M., THE MEETING WAS ADJOURNED TO CLOSED SESSION FOR PURPOSES OF DISCUSSIONS REGARDING LABOR NEGOTIATIONS AND PENDING LITIGATION. SAID CLOSED SESSION HELD PURSUANT TO GOVERNMENT CODE SECTIONS 54957.6 AND 54956.9(a). THE NEXT MEETING OF THE A TASCADERO CITY COUNCIL WILL E TUESDA Y, OCTOBER 26, 1993 AT 7:00 P.M. MIUTESE_ O DED AND PREPARED BY: i X �jl � Ltt RABOIN, Cit . Clerk CC 10/12/93 Page 7 Councilman Luna asserted that the principles of creekway protec Lion set forth in the General Plan should be specified in the Zoning Ordinance as well. lor. Engen indicated that this can be accomplished as part of the comprehensive re-Write of the Zoning Ordinance. Councilman Luna reiterated that he would support a resolution adopting the maps and incorporating General Plan language as referenced Public Comments: Doug Lewis, Tunitas Avenue resident, asked if the Salinas River Was being included. Henry Engen reported that the Salinas River had not been mappec and no action was being proposed for that waterway. He pointed out that the Salinas River is subject to existing language in Ordinance No. 236. Mr. Lewis observed thE t "No Trespassing" signs once posted in the Salinas River bed had been stolen and remarked that he hoped they could be replaced to deter violators. He also stres ed that creeks are visual areas and encouraged regulating the construction of structures in the creek. Tom Bench, 7503 Carmelita Avenue, asked staff for clarification of color coding on the maps. Henry Engen responded. Mr. Bench reported that part of his lot and that of an adjacent neighbor's property was identified to be within the riparian zone and asserted that the only vegetation there is weeds. He added that 1he Fire Department orders the abatement of those weeds every year and asked that something be done to address this dilemma. ---End of Public Testimony--- Councilwoman Borgeson pointed out that the City of Arcadia's creekway management plan specifies that 50% of the riparian habitat zone has to have endangered species and suggested that Atascadero's plan go one step further thar simply identifying "greenery" in the creekway. She proclaimed that other components must be studied to more accurately define the local riparian habitat corridor. Henry Engen explained how the area was mapped based on the field work conducted and clarified that any existing structures would be excluded from setbacks that might be imposed. He also mentioned that staff would look into the situation identified by Mr. Bench. MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to direct staff to bring back for public hearing a resolution to adopt Official Creekway Maps and including language incorporating paragraph (r)(i) from the General Plan as shown on page II-42 with the understanding that some consideratior will be given to individual situations, as referred to by Mr. Be ch; motion carried CC 10/12/93 Page 6 y f' s�qtr There was consensus to appoint Henry Engen as the City's contact person and it was agreed that names would be submitted to the City Manager not later than October 26 to meet the November 1 deadline. 3. STATUS REPORT ON THE CREEKWAY MAPPING PROGRAM Henry Engen provided a status report on the Creekway Mapping Committee, displayed the base maps and asked for further direction. He recommended that the City Council direct staff to bring back a resolution for public hearing to adopt the maps as the "Official Creekway Maps" for Atascadero Creek and Graves Creek. Council questions and comments followed. Councilman Luna asked what the total cost of the creekway mapping had been. Henry Engen reported that the City had expended $26,000 to date. Councilman Luna spoke in favor of accepting the creekway mapping program, including the definition of "riparian", and incorporating the maps into the waterway intrusion ordinance. He stated that he supports the comprehensive creek protection policy outlined in the General Plan but noted that, in light of the cost of the mapping, the completion of a creekway mapping program as outlined, including specific setbacks, (as referenced under Mitigation Monitoring, Page 11-42, paragraph (r)(2)), may have to wait for more prosperous times. Councilman Luna concluded that he did think, however, it appropriate to include in the proposed resolution adopting the creekway maps General Plan language relating to site-specific evaluations pursuant to City standards (paragraph (r)(i)) to ensure protection of creekway riparian vegetation. Councilwoman Borgeson shared concern about the total cost of completing the mapping. Henry Engen provided the background of the mapping and the associated costs since the process began in 1990. Councilwoman Borgeson continued stating that she would like to see the creekway management plan be a positive one, rather than one that focusses on regulations. She noted that the plan should set goals set creek maintenance and protection, resource management, creek restoration, habitat & fish management and restoration. She indicated that she did not favor creek setbacks but was supportive of site-specific evaluations. Mayor Nimmo asked the Community Development Director if staff currently completes a site-specific evaluation. Mr. Engen responded affirmatively and noted that the City relies on standards set by CEQA, the Department of Fish & Game and the City's own General Plan. Councilman Bewley remarked that he had no problem with adopting the maps but was not in favor of rigid setbacks. CC 10/12/93 Page 5 Councilman Luna pulled Item #B-1 , City Council Minutes of 8/24/93, for amendment. MOTION: By Councilman Luna seconded by Councilman Bewley to adopt the Consent Calendar, Items #B-2 through 8; motion carried unanimously by roll call vote. Re: Item #13-1 CITY COUNCIL MINUTES - AUGUST 24, 19 3 Councilman Luna asked to amend page 5 of the Minutes to more a curately reflect his comments made during the public hearing regarding the Highway 41 realignment on August 24, 1993 at the National Guard Armory. In addition, he requested that his notes and related documents previously submitted be included a part of the official record. MOTION: By Councilman Luna, seconded by Council oman Borgeson to approve the Minutes as amended; motion carried 4:0. C. PUBLIC HEARINGS: None D. REGULAR BUSINESS: 1. FISCAL ELEMENT WORKSHOP: SET A DATE FOR A STUDY SESSION ON RESOLUTION NO. 115-93 (Verbal - Recommend Tuesday, Nov. 30, 1993) (cont'd from 9/28/93) The City Council mutually agreed to meet in a study session on Tuesday, November 30, 1993 to review and consider the Fiscal Element. 2. CALTRANS REQUEST FOR A COMMUNITY ADVIS RY COMMITTEE: HIGHWAY 41 REALIGNMENT PROJECT Henry Engen provided the staff report and recommendation that the City Councilmembers submit to the City Manager two names each for the Caltrans Advisory Committee. Public Comments: Eric Greening, 7365 Valle Avenue, asked if input would be received from those who rent (and are not the homeowner) in the proximity. In addition, lie commented that he hoped that ground rules for solving disputes will be spelled otit in advance. CC 10/12/93 Page 4 0000014 2. City/School Committee - Andy Takata reported that staff was endeavoring to schedule a meeting for November. 3. Economic Round Table - Henry Engen announced that the Round Table would meet on October 20, 1993 at 7:30 a.m. 4. Colony Roads Committee - Councilman Luna reported that the Assistant City Attorney, Mary Redus Gayle, had prepared a written summary of the complex issue of City roads and noted that a copy was available for review at the City Clerk's Office. PRESENTATION: The City Clerk mentioned that Mr. Lara, on behalf of Roger Freberg, Chairman of the Red Ribbon Committee of San Luis Obispo County, was present to receive the Mayor's proclamation for "Red Ribbon Week". Mayor Nimmo presented the previously-read proclamation to Mr. Lara. After accepting the proclamation, Mr. Lara presented the City with a banner for display during the specified week and a number of red wristbands for City officials/employees to wear in recognition and support of the drug-free effort. B. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - AUGUST 24, 1993 2. CITY COUNCIL MINUTES - AUGUST 26, 1993 (Special & Continued Meeting) 3. FINANCE DIRECTOR'S REPORT - JULY, 1993 4. FINANCE DIRECTOR'S REPORT - AUGUST, 1993 5. RESOLUTION NO. 121-93 - Designating a stop intersection on Cortez Ave. at Maleza Ave. 6. RESOLUTION NO. 122-93 - Eliminating two crosswalks on Monterey Rd. at Monterey Rd. School 7. RESOLUTION NO. 123-93 - Designating a passenger loading zone at 10320 EI Camino Real 8. RESOLUTION NO. 124-93 - Naming that portion of State Highway 41 between Route 101 and Route 1 "The E.G. Lewis Highway" CC 10/12/93 Page 3 �►i_ti_ 0O,1 Councilwoman Borgeson praised the D.A.R.E. Program and urged continued support during economically-stressing times. On another matter, Councilwoman Borgeson asked for guidelines relating to City Council discussions with individuals who have development projects pending. Art Montandon provided a brief overview of legal constraints and offered to resurrect a memorandum directed to the Planning Commission and the City Council addressing the subject that he had distributed approximately one year ago. COMMUNITY FORUM: Ray Jansen, 6655 County Club Drive, urged the City Council to di ect the Community Services Department to establish a citizens task force to evelop a plan for Atascadero that will stir the apathetic and redefine principles regarding religion, education, politics and economics. Leo Korba, 10905 Santa Ana Road, mentioned a letter to the editor in the Atascadero News written by George Highland concerning recent interviews or the City Council vacancy. He asked if there had been a violation of the Brown Act. Paul Fellman, Rancho Del Bordo, questioned the integrity of the City Council decision to cancel a contract with H.D. Peterson and re-bid median revisi ns. Micki Ready, Executive Director of the Atascadero Chamber of Commerce, extended appreciation to City employees and crew from the California Mens Colony for outdoor clean-up around the Chamber office and EI Camino Real. Rush Kolemaine, Potero Road resident, indicated support for Mr. ansen's suggestion and stated he would look forward to the Council's response. A. COMMITTEE REPORTS (The following represent ad hoc cr standing commit- tees. Informative status reports will be given, as felt necessary.): 1. S.L.O. Council of Governments (COG)/Regional Transit Authority (SLORTA) - Mayor Nimmo provided a report of th last meeting held October 6, 1993 in San Luis Obispo. He highlighted discussions relating to staff reorganization of COG and reported that C G's review of the Draft Joint Powers Agreement (JPA) for the Integrated Solid Waste Management Agency would be delayed to allow the local jurisdictions an opportunity to informally study it. The mayor also presented an update on the City's two Transportation Enhancement Act (TEA) grant projects. CC 10/12/93 Page 2 000002 Agenda Item: B-1 Meeting Date: 11/09/93 ATASCADERO CITY COUNCIL OCTOBER 12, 1993 MINUTES The Mayor called the meeting to order at 7:00 p.m. Councilperson Luna led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley, Borgeson, Luna and Mayor Nimmo Absent: One Seat Vacant Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City Clerk Staff Present: Andy Takata, City Manager/Director of Community Services; Henry Engen, Community Development Director; Art Montandon, City Attorney;Mark Joseph,Administrative Services Director and Bud McHale, Police Chief PROCLAMATIONS: O Mayor Nimmo read the proclamation for "White Cane Safety Day" - October 15, 1993. o The Mayor read the proclamation for "Red Ribbon Week" - October 23-31, 1993. COUNCIL COMMENTS: Councilman Luna commended the Fire Department for its' Fire Prevention/Fuel Management Program and extended appreciation to the Community Development Department for its' October 5, 1993 letter seeking citizen compliance regarding sedimentation and erosion control measures. CC 10/12/93 Page 1 • ,rv0001 3. RESOLUTION NO. 127-93 - Designating stop intersection on Navidad at San Jacinto 4. RESOLUTION - UT ON NO. 128-93 Designating stop intersection.on Avenal at Santa: Rosa 5. RESOLUTION NO. 129-93 - Designating stop intersection on EI Parque at Santa Rosa 6. RESOLUTION NO. 130-93 - Designating one 20-minute parking space in the 5900 block of EI Camino Real 7. RESOLUTION NO. 131-93 - Establishing a 25 mph speed zone in the Perkins Mobilehome Subdivision 8. RESOLUTION NO. 44-93 - Designating loading zones at the Atascadero Lake Park Pavilion 9. RESOLUTION NO. 106-93 - Designating a no parking zone on El Camino Real in front of the Post Office 10. PROPOSED INITIATION OF ZONING TEXT AMENDMENT relative to the CT (PD10)' zone located at the intersection of Marchant Ave. and Alcantara (Newdoll/Hagen) C. PUBLIC HEARINGS: None scheduled D. REGULAR BUSINESS: 1. RESOLUTION NO. 132-93 - Approving the formation of Assessment District No. 7 (Santa Rosa Road, Cease and Desist Area "F") 2. ATASCADERO CREEKWAY RESERVATION - Consideration of Atascadero - Mutual Water Co. proposal to exchange a portion of Atascadero Creekway Reservation for City-owned lot on Sycamore and the Planning Commission's General Plan Conformity Report E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager 3 Call to Order Pledge of Allegiance Roll Call City Council Comments COMMUNITY FORUM: The City Council values and encourages exchange of ideas a id comments from you, the citizen. The Community Forum period is provided to recei a comments from the public on matters other than scheduled agenda items. To incr asethe effective- ness of Community Forum, the following rules will be enforced: * A maximum of 30 minutes will be allowed for Community Forum, unless Council_authorizes an extension. * All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. * No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. A. COMMITTEE"REPORTS (The following represent ad hoc or standing commit- tees. Informative status reports will be given, as felt necessary.): 1 . S.L.O. Council of Governments 2. S.L.O. Regional Transit Authority 3. Solid/Hazardous Waste Task Force 4. City/School Committee 5. Traffic Committee 6. County Water Advisory Board 7_ Economic Round Table 8. Colony Roads Committee 9. Liability Claims Review & Finance Committee 10. Nacimiento Water Purveyors Advisory Group B. CONSENT CALENDAR: All matters listed under Item B, Consent Calendar, are considered to be routine, and will be enacted by one motion in the form listed below. There'` ill be no separate discussion on these items. A member of the Councilor public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the`adoption of the Consent Calendar: 1. CITY COUNCIL MINUTES - October 12, 1993 2. CITY TREASURER'S REPORT - September, 1993 2 T-'C T(;--Mry I EW-M)IC PLPASP PQ NOT R MC)VE FROM WINTER AGENDA ATASCADERO CITY COUNCIL REGULAR MEETING CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM- NOVEMBER 9, 1993 7:00 P.M. This agenda is prepared and posted pursuant to the requirements of Government Code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action idendfled in the brief general description of each item, the action that may be taken shall include. ,A referral to staff with specific requests for information, continuance; specific direction to staff concerning thepolicy ormission of the item;discontinuance of consideration;authorization to enter into negotiations and execute agreements pertaining to the Item; adoption or approval; and, disapproval. 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 (Room 208) and in the Information Office (Room 103), available for public inspection during City Hall business hours. The City Clerk will answer any questions regarding the agenda. In compliance with the Americans with Disabil ties 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 ((805)451-5010)or the City Clerk's Office((805)451-5074). Notifica- tion 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. RULES OF PUBLIC PARTICIPATION: Members of the audience may speak on any item on the agenda. * A person may speak for five (5) minutes. * No one may speak for a second time until everyone wishing to speak has had an opportunity to do so. No one may speak more than twice on any item. * Council Members may question any speaker; the speaker may respond but, after the allotted time has expired, may not initiate further discussion. * The floor will then be closed to public participation and open for Council discussion.