HomeMy WebLinkAboutAgenda Packet 11/09/1993 PLEASE Do NOT-REMC)VE
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AGENDA - ---
ATASCADERO CITY COUNCIL
REGULAR MEETING
CITY ADMINISTRATION BUILDING
6540 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM
NOVEMBER 9, 1993
7:00 P.M.
This agenda is prepared and posted pursuant to the requirements of Go vemment 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 Iden red in the brief
general description of each item, the action that may be taken chaff incl e: A referral to
staff with specific requests for information; continuance; specific d"ection to staff
concerning the policy ormission of the item;discontinuance of considerado ;autho aatlari
to enter into negotiations and execute agreements pertaining to the ft m; adoption or
approval; and, disapproval.
Copies of the staff reports or other documentation relating to each item of business
referred to on the agenda acre on Me in the office of the City Clerk (Room 208);and in the
Information Office (Room 1031, available for public inspection during Ch y Hall business
hours. The City Clerk will answer any questions regarding the agenda.
In compliance with the Americans with Disabilities Act, if you needs asshlence to
participate in a City meedn9 or other services offered by this City,please ntact the City
Manager's Office((805)461-5010)or the City Clerk's Office ((805)461- 074). Notif e'
tion at least 48 hours prior to the meeting or time when services are neech d will assist the
City staff in assuring that reasonable arrangements can be made to prode accessibility
ity
to the meeting or service.
RULES OF PUBLIC PARTICIPATION:
* Members of the audience may speak on any item on theagenda.
* 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.
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 RJEPOM (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 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 - October 12, 1993
2. CITY TREASURER'S REPORT September, 1993
2
3. RESOLUTION NO. 127-93 - Designating stop intersection on Navidad at San
Jacinto
4. RESOLUTION NO. 128-93 Designating stop intersection n Avenal at Santa
Rosa
5. RESOLUTION NO. 129-93 - Designating stop intersection on El Paryue at Santa
Rosa
6. RESOLUTION NO. 134-93 - Designating one 20-minute parking space in the
5900 block of El Camino Real
7. RESOLUTION NO. 131-93 - Establishing a 25 mph speed one 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.
cheduledD 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 WaterCo. proposal to exchange a portion of Ata cadero 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
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.
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Page 1
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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 direct the Community
Services Department to establish a citizens task force to develop 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 for 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 revisions.
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. Jansen's suggestion
and stated he would look forward to the Council's response.
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 (COG)/Regional Transit Authority
(SLORTA) - Mayor Nimmo provided a report of the last meeting held
October 6, 1993 in San Luis Obispo. He highlighted discussions relating
to staff reorganization of COG and reported that COG'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.
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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 Higjhway 41 between
Route 101 and Route 1 "The E.G. Lewis Highway"
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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, 1993
Councilman Luna asked to amend page 5 of the Minutes to more accurately 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 as part of the official
record.
MOTION: By Councilman Luna, seconded by Councilwoman 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 ADVISORY 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, he commented that
he hoped that ground rules for solving disputes will be spelled out in advance.
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There was consensus to appoint Henry Engen as the City's contact person and
• it was agreed that names would be submitted to the Cily 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 dale. 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 II-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
0 (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 Borges'on 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 6d 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.
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Councilman Luna asserted that the principles of creekway protection set forth in the
General Plan should be specified in the Zoning Ordinance as well. Mr. Engen indicated is
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 mapped 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 that "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 stressed 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 the 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 than 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 11-42 with
the understanding that some consideration will be given to
individual situations, as referred to by Mr. Bench; motion carried
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Page 6 0
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 ATASCADERO
CITY COUNCIL WILL TUESDA Y, OCTOBER 26, 1993 AT 7:00 P.M.
MUTESE_ [7ED AND PREPARED BY:
L t RABOIN, Cit , Clerk
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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
MArt 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.',
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00000114ti
CITY OF ATASCADERO
TREASURER'S REPORT e
FOR THE MONTH OF SEPTEMBER, 1993
FISCAL
GENERAL ACCT. INVESTMENTS AGENT TOTAL
BEGIN. TREASURER'S $115,434. $8,717, 176. $685, 199. $9,517, 809.
BALANCE
RECEIPTS 650,244. 944, 884. 4,448. 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- e
ADJUSTED TREASURER' S BALANCE $9,985,750.
CITY OF ATASCADERO
MURIEL C. KORBA
City Treasurer
a:treas-rpt #40
e
ALL FUNDS - GENERAL ACCOUNT/INVESTMENTS
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,$40.
Recreation Pooled Cash -20,$61.
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.
0aCOP Debt Svc Pooled Cash -24, 341.
pital Project Pooled Cash -60,672.
' 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, $00.
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 .
INVESTMENTS
TIME DEPOSITS
CERTIFICATES OF DEPOSIT, SAVINGS, AND 0
LOCAL AGENCY INVESTMENT FUND
9/30/93
INTEREST
TIME DEPOSITS: AMOUNT RECEIVED (5)
Orange County Investment Pool/TRAN $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) TRAN (Tax and
Anticipation Note) , which is due in July, 1994 from this Fund. •
(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 through September 30,
1993, and does not reflect interest amounts accrued but not received.
Also not included above are interest amounts earned in Fiscal Agent or
County accounts, which are used for bond retirement purposes.
•
000 0 11
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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 mangy "close calls" .
After review of the location the Traffic Committee's agreed with that
a stop sign on Navidad Avenue would improve safety in this area.
i3
E
OPTIONS
i
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.
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0000111
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
s
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 hereby adopted in
its entirety on the following roll call vote:
AYES
NOES:
ABSENT:
ADOPTED:
ATTEST:
LEE RABOTN, City Clerk ROBERT P. NIMMO, Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON
City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN
Director of Community Development
is
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STOP
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0000111
REPORT TO CITY COUNCIL Meeting Date: 11-9-93
CITY OF ATASCADERO Agenda Item• B-4
Through: Andy Takata, City Managert;��-:
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 croates a problem
• for motorists entering from the side streets. Requiring cars
exiting Avenal and entering Santa Rosa to stop wi] 1 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.
i
o0���► �
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 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
OOO�)1!r
Avenal _
El Parque
Q
0000117
REPORT TO CITY COUNCIL Meeting Date: 11-9-93
CITY OF ATASCADERO Agenda °Item: B-5
Through: Andy Takata, City Manager ",�K,
Via: Henry Engen, Director of Community Development
From: Valerie Humphrey, Engineering Division
SUBJECT
Establishment of Stop intersection.
RECOMMENDATION
The Traffic Committee recommends that Council adapt Resolution
No. 129-93 creating a stop intersection on E1 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 E1 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 budgetoed funds.
0000 V-1
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 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 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
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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 '�
From: Valerie Humphrey, Engineering Division
SUBJECT:
Request for 20 Minute Parking in 5900 Block of El 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 E1 Camino Real and the Curb directly in
front is painted red due to a fire hydrant.
iThe 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
•
RESOLUTION NO. 130-93
RESOLUTION OF THE COUNCIL OF THE
CITY OF ATASCADERO DESIGNATING ONE PARKING 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 Engineer 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 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
EXHIBIT A
Resolution 130-93
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TRAFFIC WAY
OOQ01--13
• REPORT TO CITY COUNCIL Meeting Date: 11-9-93
CITY OF ATASCADERO Agenda =. Item: B-7
Through: Andy Takata, City Manager Gam.
Via: Henry Engen, Director of Community Development 1
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.
00(){A'�.1
i
RESOLUTION NO. 131-93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF •
ATASCADERO ESTABLISHING A 25 MPH SPEED LIMIT
IN THE PERKINS MOBILE HOME SUBDIVISION
WHEREAS, Section 4-2 . 501, et. sec(, of the Atascadero
Municipal Code allows the City Traffic Engineer, 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 the 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 and 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
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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 Atascadera 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 g y p rese
rated 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 returnejd 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.
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 $150.00
for painting and signs to be paid out of currently budgeted funds.
Oow)'tiq
RESOLUTION NO. 44-93
RESOLUTION OF THE COUNCIL OF THE CITY OF ATA$CADERO
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 ATIASCADERO
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
0001: 9
REPORT TO CITY COUNCIL Meeting', Date: 11-9-93
CITY OF ATASCADERO Agenda Item: B-9
Through: Andy Takata, City Manager v
Via: Henry Engen, Director of Community Delvelopment �W
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 tacks.
This issue was returned to the Traffic Committee for further
review. Upon reconsideration it is recommended thaat 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
FISCAL IMPACT:
The cost of these modifications will be approximately $500 for
painting and signs to be paid out of currently budgeted funds.
Attachments:
Resolution No. 106-93
cc: Postmaster
0000.31
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 PTASCADERO
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
00003/11
EXHIBIT "A"
Resolution
No. 106-93
20' Red
126' Red
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White*
50' Red
20' Red * Bus Stop and newspaper racks
to be relocated to white zone
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0000TI
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
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 tinder 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
CITY OF ATASCADERO Item: B . 1
STAFF REPORT
FOR: Planning Commission Meeting Date : 10-19-93
BY : P/P Steven L. Decamp, City Planner File No : ZC 93-003
SUBJECT:
Initiation of Zoning Ordinance Text amendment affecting 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 Newdoll
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 initiated 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 Marchant Avenue
and Alcantara have been zoned at various times for multiple
family, office, and commercial tourist uses . The current zoning
of the property is Commercial Tourist with a Planned Development
Overlay . Actual development of the property has been constrained
00(��2,
STAFF REPORT ZONING ORDINANCE TEXT
October 19, 1993 AMENDMENT INITIATION
isPage 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
00003C
H'1"1'f1l t11vtLNT A
CITY OF ATASCADERO Zone Change 93-003
��;'��� - � '"'•- �
COMMUNITY DEVELOPMENT
Study Area Map
DEPARTMENT
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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 93-013, 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 desires 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)
REPORT TO CITY COUNCIL Meeting Date: 11-9-93
CITY OF ATASCADERO Agenda Item: D-1
Through: Andy Takata, City Managerce
.
From: Henry Engen, Director of Community Development M�
Valerie Humphrey, Engineering Divisio
SUBJECT:
Formation of Assessment District No. 7 - Santa Rosa area.
RECOMMENDATION:
Staff recommends passage of Resolution No. 132-93 which
documents the conditions for Assessment District 1#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
'
P. 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%j on unpaid
balance of assessment.
2) Waive $850. 00 Annexation Fee for those p3toperties
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 5% 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.
(?00039
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 date 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 (132 in the attached Resolution) would
be listed as 11011.
Approval of an open space easement on the Blankenship 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) corrected the record by
noting that his parcel is 3.08 acres and not the 5. 02 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
0000114
` Oct. 31 , 1993
To: Atascadero City Planning & Development Dept ,
c/o Henry Engen
Subject : Santa Rosa Rd . sewer system variance:
:'o 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 low 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 ':clot of water
pass by . We wish to keep the present cattle operation
• continuing for as long as we can manage so, and we definit iy
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 Blankenship1�/
8300 Santa Rosa Rd . VVV
Atascadero , Calif . 93422
( 805 ) 466-2763
COtJCtti UNI?y DEVELOPMENT
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0000,12
RESOLUTION NO. 132-93
4b
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 $850. 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
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 #7 is listed as follows:
Assessment District #7
Assessment Roll
ASMT.1 A.P.N. OWNERAHOUN
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 $0, 434 . 37
9425 Lakeview
Atascadero, CA 93422
5 56-322-018 City of Atascadero $8,434. 37
6 56-322-017 City of Atascadero $$,434. 37
7 56-322-019 Messer $$,434. 37
P.O. Box 2507
Atascadero, CA 93423
8 56-322-020 New Owner $$,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 $$,434. 37
11 56-322-010 City of Atascadero $8,434 .37
12 56-322-027 Johnson $8,434. 37
8401 Santa Rosa
Atascadero, CA 93422
0000.14
Resolution No. 132-93
page three
13 56-322-026 Anderson $8,434. 37
8405 Santa Rosa
Atascadero, CA 93422
14 56-322-007 White $8,434. 37
9500 Mt. View
Atascadero, CA 93422
15 56-322-006 Fernandez $8,434. 37
9460 Mt. View
Atascadero, CA 93422
16 56-322-032 Ransom $8,434. 37
9420 Mt. View
Atascadero, CA 93422
17 56-321-006 Largomarsino $8,434.37
9425 Mt. View
Atascadero, CA 93422
18 56-321-007 Van Gundy $8, 434. 37
P.O. Box 234
Atascadero, CA 93423
19 56-321-008 Burns $8,434. 37
9465 Mt. View
Atascadero, CA 93422
20 56-321-012 Dodson $8, 434 . 37
9475 Mt. View
Atascadero, CA 93422
21 56-321-021 Diedum $8, 434. 37
9575 Lakeview
Atascadero, CA 93422
22 56-321-020 Adams $8,434. 37
8435 Santa Rosa
Atascadero, CA 93422
23 56-321-010 Wiley $8, 434 . 37
P.O. Box 77
Atascadero, CA 93422
24 56-261-051 Trowbridge $8,434.37
8400 Santa Rosa
Atascadero, CA 93422
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 93421
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:
Resolution No. 132-93 .
page five
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
0000,17
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 n
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
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 ordered that the four
remaining areas be sewered according to a workplan to be developed
by the ACSD.
In 1983 the current wastewater treatment facilities 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. This request was
granted and Assessment District 13 was formed.
The remaining portion of Cease and Desist Area F, located on
the east side of Atascadero Lake (F5) , was not sewered 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 not 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
000(049
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 Citys 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, thisstaff 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 carriedwhich 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 sewering 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
0000:50
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 incorporate 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 of 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 Council 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.
he
primaryconcern was that the proposed ordinance would allow
properties to delay hooking up to the sewer. The Council by
consensus, directed staff to prepare an alternative ordinance which
would impslnmt only for the cost of thetion sewer linedure and assess
properties also forthe
Y
cost of the hook-up as well.
With knowledge that a public hearing concerning
the was t City's
performance in adhering to State sanitation requirements
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 (Section 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 established a definitive
time schedule for sewering the remaining unsewered Cease and Desist
Areas. The schedule established is as follows:
1) March 31, 1994 - Complete sewering (including
residential hookups) of Cease and Desist area
I.
2) July 101, 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
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
unsewered. 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
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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
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
Plan 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 :
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 noting that the Creek
Reservations will remain in open space anyway. With 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 property 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 requesting 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 the matter and,
on a 7 : 0 vote, found that the proposed exchange would 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, Conservation 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
()(1001
shall be protected from destruction, overuse and misuse by the
use of zoning, tax incentives, easements, or fee acquisi-
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
i
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5005 EL CAMINO REAL P.O. BOX 6075 • ATASCADERO, CA 93423 (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 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.
D �IBy
JUN 3 1993
COMMUNITY DEVELOPMENT
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'n Weathers,
General Manager
cc: City Manager, Andy Takata
Community Development Director, Henry Engen
000x)'j-7
EXHIBIT B
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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 andl 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
0(i001
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 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 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 value 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 of property value
being suggested for consideration into the trade agreement and
discuss the effect of such a request on any future trade agreement.
00��)�.t?
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 requeststaff to clarify
that the Atascadero Creekway re$: ervation 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)
i
CITY OF ATASCADERO Item: B . 3
STAFF REPORT .
For: Planning Commission Meeting Date: 10-05-93
Through:A40 Steven L. DeCamp, City Planner File 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 SycamoreRoad for the Atascadero Mutual Water Company
(AMWC) creekway reservation property.
RECOMMENDATION:
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.
SITUATION AND FACTS:
1 . Applicant............................ Atascadero Mutual Water Company
2. Representative....................... Ken Weathers, General 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 be 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
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
40 the planning agency as to conformity with said adopted general plan or parer•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.
00`)()G3
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 Reservation property
owned by the AMWC
Exhibit C - Location map of the Sycamore City lot
Exhibit D - Recommendation from the Parks and Recreation
Commission
Exhibit E - Declaration of Surplus Property
EXHIBIT A
5005 EL CAMINO REAL • P.0. BOX 6075 • ATASCADERO, CA 93423 • (805) 466-2428
i �
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
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 i�93
'COMMUNITY DEVELOPMENT
()0I.?t)k;
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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
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EXHIBIT C
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CITY OF ATASCADERO F
Assessor's Map Bk. 28, Pg. 9
County of San Luis Obispo, Calif. s
For Assessment
Purposes only
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 ownershipof 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 fund$ 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)
MOTION: Commissioner Smart moves to recommend approval of
staff's property trade proposal with Atascadero 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)
0ooO'70
EXHIBIT E
Citv of Atascadero Item• B-7
STAFF REPORT
FOR: Planning Commission Meeting Date: June 16 , 1987
BY: Joel Moses, Associate Plannern. Lot
Project Address: Sycamore Road P 4 , Slk 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 publics 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 inundation
. areas" .
Staff Report
(lfl0WY 1
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:oh
Attachments: Exhibit A - Location Map
Exhibit B - A.P.N. Map
Exhibit C - Alluvium Map
Exhibit D - Inundation Map
•
()000'7 •
MINUTES EXCERPTS
CITY OF ATASCADERO
PLANNING COMMISSION
10/19/93
ACTION MINUTES
SUBJECT: B.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)
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