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CC 2017-08-22_12c Supplemental Item No. 1TO: FROM: BY: SUBJECT: DATE: MEMORANDUM CITY COUNCIL TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR MATTHEW DOWNING~ANNING MANAGER SUPPLEMENTAL INFORMATION AGENDA ITEM 12.c.-AUGUST 22, 2017 CITY COUNCIL MEETING CONSIDERATION OF STAFF PROJECT 17-008; ADOPTION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND APPROVING THE JAMES WAY OAK HABITAT AND WILDLIFE PRESERVE TRAIL ADDITION PROJECT; APPLICANT -CITY OF ARROYO GRANDE AUGUST 22, 2017 Attached is correspondence received from commercial property owners adjacent to the James Way Habitat regarding the proposed project. cc: City Manager City Attorney City Clerk Public Review Binder ATIACHMENT1 Trust B of the Brian K. Koch & Sally C. Koch Revocable Trust dtd 9-1-88 dba Plaza Enterprise P.O. Box 508, Pismo Beach, California 93448 August 21, 2017 City of Arroyo Grande Community Development 300 East Branch Street Arroyo Grande, CA 93420 RECEIVED AUG 2 2 2017 CITY OF ARROYO GRANDE Easement Rights and Liability Concerns re: James Way Trail Dear City Council, We have been put on notice that council action will be taking place on the James Way park reserve. While our concerns are not directly related to this issue, they are directly related to the park, and worthy of your attention at this time. We are part owners and common area managers of the Oak Park Plaza, the shopping center anchored by Kmart, west of the park. The construction of a new trail, which will undoubtedly be advertised by the city, will bring additional visitor traffic to the park. As the property adjacent to the northwest entrance, visitors often park in our parking lot. To our knowledge, there is no formal easement or document memorializing the public's right to park on our private property to gain access. To that end, we believe we have some liability should an incident occur on or near our property by a park visitor. This liability includes vehicle damage to a parked car. These issues have been raised in previous city council meetings as well as via dialogue with both former Public Works Directors, and have yet to be addressed. We are ready, willing, and able to meet with the appropriate staff to address these issues. The trail, known as the Clover Ridge Trail, is posted on slohike.com. Visitors are directed to park in our parking lot, as there is limited parking on James Way. As an aside, there were two larger transient campsites observed during our last visit over the weekend. Sincerely, Stephanie Teimouri & Pat McCann, Co-Trustees