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HomeMy WebLinkAboutAgenda Packet 11/09/1993 PLEASE Do NOT-REMC)VE FROM COLLUTER 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. CC 10/12/93 Page 1 'JU0001 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. CC 10/12/93 Page 2 i/iiflO0 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" CC 10/12/93 Page 3 00(_)003 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. CC 10/12/93 Page 4 0000014 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. CC 10/12/93 Page 5 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 CC 10/12/93 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 CC 10/12/93 Page 7 00,0007 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.', MK:cw • 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 i i 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. 3 3 i 9 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 000x)13 w� STOP U 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 0( 001..`.j Avenal rot.. a� � o 0 El Parque C elta 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 i VIRGINIA PLAZA w x o z H U COAST TO COAST a W PAYNE'S MUSIC' 20 Min. K NATURALLY COUNTRY Red Curb -, VCR/TV REPAIR', SERVICE STATION 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 '0J 7S y9,, _ 0 4 /!J 9T 6p J9a 601, F OASH N W ST /s!.9 lE ao.! bo 4 b 60 4//6 J� G. /19 975 0 604 60-J O FSll r/ 816 ♦ — o O O N OD ',+ 1095 7/ n to m p Y O O OW W4 c 4 �' W ♦ Z 129.454 wo or. ee y Q 60 V� 991 V BIRCHST. 709 by c� n O� V btC 40./ 60 ,. 60 ff1 /19 4J4 O 4 ' \ ' 4 A _ n , O g W y r 60.v 60 W /270" 60 109.3 7/ w 6J O 124.7/ ° 4 4 O `o m v U O U O p 4 w o®_ QLd6 60 60 39.8 /11 j1B MAPLE _ ST. ►. ^ G EIL I //9. --- 4k967 TR. 209 60 Il a6 `b V 0 v O y O O O O 4 O �� bo.a 6000,1 N� 4, . -1 70 /OO 60001 60.5\O W 4 N~ �tA 4 N /90.J N S' ti a r1r n r r9S /r JE 4481. W O : �p 4 Q 4 ♦ PI NE[�, yon ro /!6 19 ttl C 51.71 w f O o A v o i o 8809 - W �llj G � U ti lrsz./a n� f1 0 ` J999 I7 09 Va 4J 21 Q 0 64 so CV 60- F �S P a® A `O �y O C O o✓pJ sy�s � �1, Q ♦ N': O W .r M b a O �rV O b 4 p \ is. �i iS91 ♦ y N `�• -'9 9 Jp y, U Sq N R4F Rn °� 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 w U H W W O H w 50' White* 50' Red 20' Red * Bus Stop and newspaper racks to be relocated to white zone 0 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 pi 1 ' i MA / A LLA Aj Y AAFL--L! �i - -� I 4SC4CF 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 Cad V EXHIBIT A - � S m D GO::JJ ; O E° GD _ O c n `p d0 N r 100 v o • o ,tea �� 00 N `p N .P nth W Z rrN m 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 5 ��)(1 5`' i : t •`t.• � r�r�ae -f•��t••ate ` =� ` .// i'.1 C in CL EZ ti IV Ln ci C'q' m •'sal- �r': •�:' � a�� � �\�• �r a %46W O -.-.1 r�Z '' •w �J! �1 Vcnh-Q !UQ tic cn(L 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 (1(lili?� `r 0 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 ---• - '% www � , , � �< 1 s I i I � I I i v y I yaN3NN I S. P -. 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; i AMWC would like to offer to the City of Atascadero the Creek Reservation area in trade for the lot the City currently owns on Sycamore Road. Details of any such trade would have to address access, easements, and water rights retention. We would appreciate the City' s consideration of this offer and would appreciate being informed of the City' s intent so that we can proceed. Sin rely, Ke Weathers, General Manager cc: City Manager, Andy Takata Community Development Director, Henry Engen i i 00(�s � T, J , I EXHIBIT B \/ s , f - i VO f ------------ EXHIBIT C OF A TASCADERO tt ►�_ to ti • -S -3 ». IX/10 Ra1.4-3 v � a � 9 4 ? o �q T� za PTN. ►9 <'=oo g '- # -0 @ - a \ .73 _ Z 44 ►�� 3 4 D5P - QHS i \ SAG 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) 0000173