City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Ken Irwin, City Manager
MEETING DATE: February 21, 2023
ITEM NO: 6.1
SUBJECT: Approve Resolution No. 2023-04 and Authorize Execution of a Nonexclusive Vehicular Traffic Easement between the City of Patterson and the Patterson Joint Unified School District.
RECOMMENDATION
Staff recommends the City Council adopt Resolution No. 2023-04 to Approve and Authorize Execution of a Nonexclusive Vehicular Traffic Easement between the City of Patterson and the Patterson Joint Unified School District.
BACKGROUND
A portion of 9th Street in the City of Patterson (“City”) borders and provides rear access to Patterson High School. Speeding cars on this portion of the street during school hours has created ongoing and serious safety concerns. These safety concerns are not attributed to schoolrelated traffic (e.g., student drop-offs and pick-ups). Instead, the greatest safety concerns are due to general traffic during the school day, especially during lunch hours. The California Department of Education (“CED”) has requested that the Patterson Joint Unified School District (“District”) address the safety issues created by vehicular traffic near the school. City staff and District representatives have collaborated in the past several weeks to evaluate potential solutions to the traffic safety concerns identified by the District and CED. Staff has prepared a Nonexclusive Vehicular Traffic Easement Agreement (“Easement Agreement”) for the District’s consideration. District staff has provided feedback and suggested revisions to the Easement Agreement. Once the City Council approves the Easement Agreement, District staff will present the final version to the District Board of Trustees for approval.
SUMMARY OF TERMS
The Easement Agreement authorizes the District to install and operate two (2) gates on 9th Street to block vehicular traffic during certain school hours. In terms of location, the gates would only restrict access to a single block that borders Patterson High School. The Easement Agreement would have a negligible impact on traffic patterns and is designed to restrict vehicular access to smallest area necessary to protect students.
In terms of timing, the Easement Agreement will still allow for student drop-offs and pick-ups at the beginning and end of each school day. The District must give the City prior written notice of school schedules. The District may only use the easement when school is physically being held.
The Easement Agreement accounts for variations in school hours, such as during minimum days.
The District will bear the cost of installing, maintaining, and operating the gates. The District will also be obligated to bear the cost of removing the gates and making any repairs caused by the construction, use, or removal of the gates. The City must approve the District’s construction plans before the gates are installed.
The Easement Agreement is nonexclusive, meaning the City may still use the subject portion of 9th Street at any time for any City purpose. The Easement Agreement also contains provisions to ensure emergency services personnel will have access to the gates so that emergency services will not be interrupted or impaired.
FISCAL IMPACT
There is no impact to the General Fund by approving and authorizing the execution of the Easement Agreement.
ENVIRONMENTAL IMPACT
The Easement Agreement contemplates the installation of two gates and a limited number of other minor improvements on an existing street. There are signs proposed in the improvement plans and the gates are a minor structure that is an accessory to existing institutional facilities.
Similarly, the pedestrian refuge islands and traffic-calming speed humps are minor structures that are accessories to existing institutional facilities. Consequently, the Easement Agreement is exempt from environmental review under the California Environmental Quality Act (“CEQA”) under the following categorical exemptions: California Code of Regulations, Title 14, Section 15303 -- New Construction or Conversion of Small Structures and California Code of Regulations, Title 14, Section 15311 - Accessory Structures.
POLICY ALTERNATIVES
The City Council’s options are:
1. Adopt Resolution No. 2023-04 and Easement Agreement without any changes;
2. Adopt Resolution No. 2023-04 and Easement Agreement with changes and revisions;
3. Continue the item to a later meeting of the City Council and provide direction to staff for any changes; or
4. Reject Resolution No. 2023-04 entirely.
ATTACHMENTS
1. Resolution No. 2023-04
2. Exhibit A - Final Nonexclusive Public Vehicular Traffic Easement Agreement
3. Exhibit B - 9th Street Map
4. Exhibit C - School Property Map
5. Exhibit D - Easement Map
6. Exhibit E - PJUSD Theater at 9th St. Closure and Crosswalk