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HomeMy WebLinkAboutCC_2014-02-25_AgendaPacket CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, February 25, 2014 6:00 PM City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Enter on Lewis Ave.) REGULAR SESSION – CALL TO ORDER: PLEDGE OF ALLEGIANCE: Mayor O’Malley ROLL CALL: Mayor O’Malley Mayor Pro Tem Sturtevant Council Member Fonzi Council Member Kelley Council Member Moreno APPROVAL OF AGENDA: Roll Call PRESENTATIONS: None A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken. DRAFT MINUTES: Council meeting draft min utes are listed on the Consent Calendar for approval of the minutes. Should anyone wish to request an amendment to draft minutes, the item will be removed from the Consent Calendar and their suggestion will be considered by the City Council. If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of the meeting.) 1. City Council Draft Action Minutes – January 28, 2014  Recommendation: Council approve the City Council Draft Action Minutes of January 28, 2014. [City Clerk] 2. Highway 41 Multi-Purpose Path Project Design Award (Contract for Professional Services)  Fiscal Impact: The Highway 41 Multi-Purpose Class I Path Project contract is funded by State Transportation Improvement and Transportation Enhancement Grants that were appropriated within the 2013-2015 City budget.  Recommendation: Council authorize the City Manager to execute a contract with North Coast Engineering, Incorporated for the design o f the Highway 41 Multi-Purpose Class I bike and pedestrian path improvements, along Atascadero Creek from Portola Road to San Gabriel Road, for an amount not to exceed $84,807. [Public Works] UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any current issues of concern to the City Council.) COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which th e Council has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. Comments made during Community Forum will not be a subject of discussion. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council. Any members of the public who have questions or need information, may contact the City Clerk’s Office, between the hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or mtorgerson@atascadero.org.) B. PUBLIC HEARINGS: None C. MANAGEMENT REPORTS: 1. Opposition to Inclusion of Properties Overlying the Atascadero Sub- Basin from the Boundaries of a Regulatory Water District for the Paso Robles Groundwater Basin  Fiscal Impact: None.  Recommendation: Council approve Draft Resolution stating that the City of Atascadero opposes the inclusion of properties overlying the Atascadero Sub-Basin from the boundaries of a regulatory Water District for the Paso Robles Groundwater Basin. [Public Works] 2. Road Report – Oral Report  Fiscal Impact: None  Recommendation: Council receive oral report. [Public Works] COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor O’Malley 1. City / Schools Committee 2. County Mayors Round Table 3. Integrated Waste Management Authority (IWMA) 4. SLO Council of Governments (SLOCOG) 5. SLO Regional Transit Authority (RTA) Mayor Pro Tem Sturtevant 1. City / Schools Committee 2. City of Atascadero Finance Committee 3. Community Action Partnership of SLO County 4. League of California Cities – Council Liaison Council Member Fonzi 1. Air Pollution Control District 2. Oversight Board for Successor Agency to the Community Redevelopment Agency of Atascadero 3. SLO Local Agency Formation Commission (LAFCo) Council Member Kelley 1. Atascadero State Hospital Advisory Committee 2. City of Atascadero Design Review Committee 3. Economic Vitality Corporation, Board of Directors (EVC) 4. Homeless Services Oversight Council Council Member Moreno 1. California Joint Powers Insurance Authority (CJPIA) Board 2. City of Atascadero Finance Committee (Chair) 3. City of Atascadero Design Review Committee E. INDIVIDUAL DETERMINATION AND / OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURN TO MEETING OF THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Lori Mlynczak, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the February 25, 2014 Regular Session of the Atascadero City Council was posted on February 19, 2014, at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 19th day of February, 2014, at Atascadero, California. Lori Mlynczak, Deputy City Clerk City of Atascadero City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. Council meetings will be held at the City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Council in the order of the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped for future playback. Charter Communication customers may view the meetings on Charter Cable Channel 20 or via the City’s website at www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City Clerk for more information (470-3400). Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “COMMUNITY FORUM”, the Mayor will call for anyone from the audience having business with the Council to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Mayor and Council. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present This is the time items not on the Agenda may be brought to the Council’s attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations must be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk befo re the meeting begins to announce your presence and turn in the printed copy. TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up t o the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Mayor 2. Give your name (not required) 3. Make your statement 4. All comments should be made to the Mayor and Council 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present 6. All comments limited to 3 minutes The Mayor will announce when the public comment period is closed, and thereafter, no further public co mments will be heard by the Council. ITEM NUMBER: A-1 DATE: 02-25-14 Atascadero City Council January 28, 2014 Page 1 of 8 CITY OF ATASCADERO CITY COUNCIL DRAFT ACTION MINUTES Tuesday, January 28, 2014 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Enter on Lewis Ave.) CITY COUNCIL CLOSED SESSION: 5:00 P.M. Mayor O’Malley announced at 5:00 p.m. that the Council is going into Closed Session. 1. CLOSED SESSION -- PUBLIC COMMENT - None 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION City Council Closed Session: 5:00 P.M. City Council Regular Session: 6:00 P.M. Public Financing Authority: Immediately following the conclusion of the City Council meeting ITEM NUMBER: A-1 DATE: 02-25-14 Atascadero City Council January 28, 2014 Page 2 of 8 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Real Property Negotiators Government Code Section 54956.8 Property Address: APN 029-105-014 5655 Capistrano, Atascadero, CA Agency Negotiator: Rachelle Rickard, City Manager Negotiating Parties: Sean Knopf Under Negotiation: Price and terms of payment 4. CLOSED SESSION -- ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION -- REPORT City Attorney Pierik announced that there was no reportable action taken. REGULAR SESSION – CALL TO ORDER: 6:00 P.M. Mayor O’Malley called the meeting to order at 6:00 p.m. and Council Member Kelley led the Pledge of Allegiance. ROLL CALL: Present: Council Members Kelley, Moreno, Fonzi, Mayor Pro Tem Sturtevant, and Mayor O’Malley Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri Rangel, Community Development Director Warren Frace, Public Works Director Russ Thompson, Police Chief Jerel Haley, Fire Chief Kurt Stone, and City Attorney Brian Pierik. APPROVAL OF AGENDA: MOTION: By Council Member Moreno and seconded by Mayor Pro Tem Sturtevant to approve the agenda. Motion passed 5:0 by a roll-call vote. ITEM NUMBER: A-1 DATE: 02-25-14 Atascadero City Council January 28, 2014 Page 3 of 8 PRESENTATION: 1. Bret Saberhagen Commendation Police Chief Haley read a Proclamation, thanking Bret Saberhagen for his efforts for youth sports in our community, and presented the Proclamation to him. A. CONSENT CALENDAR: 1. City Council Draft Action Minutes – January 14, 2014  Recommendation: Council approve the City Council Draft Action Minutes of January 14, 2014. [City Clerk] 2. Stormwater Control Ordinance - Second Reading  Fiscal Impact: Implementation of the proposed Storm Water Ordinance will have an impact on staff’s time.  Recommendation: Council adopt on second reading, by title only, the proposed Stormwater Pollution Prevention Ordinance that is required by the State Water Resource Control Board’s recently adopted Municipal Stormwater Permit. [Public Works] 3. Resolution of the City Council Regarding Gift by Bertha Shultz for Charles Paddock Zoo  Fiscal Impact: The proposed Resolution will not result in any cost to the City except for the filing fee for the Petition to be filed with the Court in the amount of $435.  Recommendation: Council adopt Draft Resolution to request funds, gifted by Bertha Shultz to the Atascadero Community Services Foundation to benefit the Charles Paddock Zoo, be given directly to the City of Atascadero with the same intention. [City Attorney] City Attorney Pierik pulled Item #A-3. MOTION: By Council Member Fonzi and seconded by Mayor Pro Tem Sturtevant to approve #A-1 & 2 of the Consent Calendar. Motion passed 5:0 by a roll-call vote.(#A-2: Ordinance No. 579) City Attorney Pierik explained the issue surrounding the gift by Bertha Shultz and pointed out a few typos that will be corrected. MOTION: By Mayor O’Malley and seconded by Council Member Moreno to approve #A-3 of the Consent Calendar. Motion passed 5:0 by a roll-call vote. (Resolution No. 2014-001) ITEM NUMBER: A-1 DATE: 02-25-14 Atascadero City Council January 28, 2014 Page 4 of 8 UPDATES FROM THE CITY MANAGER: City Manager Rachelle Rickard gave an update on projects and issues within the City. COMMUNITY FORUM: The following citizens spoke during Community Forum: Tom Farrell, Jerry Clay, John Daly, Marlene Lutz, and Mark Russo. Mayor O’Malley closed the COMMUNITY FORUM period. B. PUBLIC HEARINGS: 1. 2014 Community Development Block Grants Funding Recommendations  Fiscal Impact: Available funds are estimated at $121,388 for the 2014 cycle.  Recommendations: Council review and approve funding recommendations for the 2014 Community Development Block Grant (CDBG) program as shown and authorize staff to adjust final award amounts proportionately upon receipt of the final funding amount. [Public Works] Public Works Director Russ Thompson gave the staff report and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: Jerry Clay. Mayor O’Malley closed the Public Comment period. MOTION: By Council Member Fonzi and seconded by Mayor Pro Tem Sturtevant to approve funding recommendations for the 2014 Community Development Block Grant (CDBG) program as shown and authorize staff to adjust final award amounts proportionately upon receipt of the final funding amount. Motion passed 5:0 by a roll-call vote. ITEM NUMBER: A-1 DATE: 02-25-14 Atascadero City Council January 28, 2014 Page 5 of 8 C. MANAGEMENT REPORTS: 1. City Council Policy Position - Paso Robles Ground Water Basin Water District Formation  Fiscal Impact: No fiscal impact is anticipated at this time.  Recommendation: Council direct staff to prepare a letter or resolution for the City Council declaring the City of Atascadero’s official position regarding the formation of a regulatory district for the Paso Robles Groundwater Basin. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions from the Council. Also, John Neil, General Manager of the Atascadero Mutual Water Company, stated their position on this issue. Ex Parte Communications Mayor O’Malley stated he is on the Air Pollution Control District and has spoken to other elected officials. He also mentioned that Council Member Fonzi is on LAFCO. PUBLIC COMMENT: The following citizens spoke on this item: Gary Kirkland, Laurie Alexiev, Len Colamarino, Bill Pelfrey, and Bruce Bevins. Mayor O’Malley closed the Public Comment period. MOTION: By Council Member Fonzi and seconded by Council Member Kelley to direct staff to prepare a letter or resolution for the City Council declaring the City of Atascadero’s official position regarding the boundaries of the Atascadero Mutual Water Company’s exclusion from the Paso Robles Groundwater Basin. Motion passed 5:0 by a roll-call vote. Mayor O’Malley recessed the meeting at 7:28 p.m. Mayor O’Malley reconvened the meeting at 7:39 p.m. ITEM NUMBER: A-1 DATE: 02-25-14 Atascadero City Council January 28, 2014 Page 6 of 8 2. Second Review - PLN 2010-1361 - Atascadero Draft Climate Action Plan (Citywide, City of Atascadero)  Fiscal Impact: The main fiscal impact on the City will be for staff time.  Recommendations: The Planning Commission recommends the City Council: 1. Adopt Draft Resolution A, certifying Proposed Negative Declaration 2013-0003; and, 2. Adopt the January 14, 2014 version of the draft Atascadero Climate Action Plan. Staff Recommends the City Council: 3. Adopt Draft Resolution B, adopting the January 28, 2014 version of the draft Atascadero Climate Action Plan, which includes City Council text changes from the January 14, 2014 City Council meeting. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions from the Council. Ex Parte Communications  Council Member Kelley met with Mr. Weymann and received emails.  Mayor Pro Tem Sturtevant received emails on this topic.  Mayor O’Malley met with Mr. Reil & Mr. Weymann.  Council Member Fonzi attended the Climate Action Plan workshops and met with a variety of people with differing opinions.  Council Member Moreno received several emails, and spoken with staff and the consultant. PUBLIC COMMENT: The following citizens spoke on this item: Ray Weymann, Edward Veek, Walter Reil, Bruce Bevins, Len Colamarino, Susan DeCarli, Charlie Smith, Fred Frank, Chuck Ward, Bob Martz, Christopher Erin, Ted Gilbert, Ray Weymann (Exhibit A), Jim Patterson, Eric Shaffer, Laura Mordonis, Duane Anderson, Elsa Dawson , Sheila Healy, Tom Dawson, Peter Burn, Michael Latner, John Reed, Karyn Sturtevant, Bill Pelfrey, Gary Kirkland, and Ted Gilbert. Mayor O’Malley closed the Public Comment period. Mayor O’Malley recessed the meeting at 9:29 p.m. Mayor O’Malley reconvened the meeting at 9:39 p.m. ITEM NUMBER: A-1 DATE: 02-25-14 Atascadero City Council January 28, 2014 Page 7 of 8 MOTION: By Council Member Kelley and seconded by Mayor Pro Tem Sturtevant to accept Council Member Fonzi’s and Moreno’s proposed changes. Motion passed 5:0 by a roll-call vote. The City Council then went through the proposed changes submitted by Mr. Weymann and there was Council consensus to accept some of Mr. Weymann’s recommendations. MOTION: By Council Member Kelley and seconded by Council Member Moreno to: 1. Adopt Draft Resolution A, certifying Proposed Negative Declaration 2013-0003; and, 2. Adopt Draft Resolution B, adopting the January 28, 2014 version of the draft Atascadero Climate Action Plan, which includes City Council text changes from the January 14, 2014 City Council meeting, the consultant’s proposed changes, and Mr. Weymann’s proposed changes that were accepted by the City Council. Motion passed 5:0 by a roll-call vote. (1: Resolution No. 2014- 002, 2: Resolution No. 2014-003) 3. Fiscal Year 2012-2013 Audit  Fiscal Impact: None.  Recommendation: Council review and accept the financial audit for the period ended June 30, 2013. [Administrative Services] This item was continued. 4. 2014 Strategic Planning Update - Administrative Services Department/Financial Strategy  Fiscal Impact: None  Recommendation: Council review and file the Comprehensive Financial Strategy. [Administrative Services] This item was continued. 5. Community Development – Strategic Planning Update – Oral Report  Fiscal Impact: None  Recommendation: Council receive oral report. [Community Development] This item was continued. ITEM NUMBER: A-1 DATE: 02-25-14 Atascadero City Council January 28, 2014 Page 8 of 8 6. Strategic Planning 2013 Update on Council Goals  Fiscal Impact: There is no direct impact as a result of this report.  Recommendations: Council: 1. Provide feedback or additional direction if necessary; and, 2. Receive and file this report on the progress being made relative to the City Council’s six goals. [City Manager] This item was continued. COUNCIL ANNOUNCEMENTS AND REPORTS: None D. COMMITTEE REPORTS: None E. INDIVIDUAL DETERMINATION AND / OR ACTION: None F. ADJOURN TO MEETING OF THE PUBLIC FINANCING AUTHORITY OF ATASCADERO Mayor O’Malley adjourned the meeting at 10:44 p.m. MINUTES PREPARED BY: ______________________________________ Marcia McClure Torgerson, C.M.C. City Clerk / Assistant to the City Manager ITEM NUMBER: A-2 DATE: 02-25-14 Atascadero City Council Staff Report – Public Works Department Highway 41 Multi-Purpose Path Project Design Award (Contract for Professional Services) RECOMMENDATION: Council authorize the City Manager to execute a contract with North Coast Engineering, Incorporated for the design of the Highway 41 Multi-Purpose Class I bike and pedestrian path improvements, along Atascadero Creek from Portola Road to San Gabriel Road, for an amount not to exceed $84,807. DISCUSSION: Background: The City received grant funding from the San Luis Obispo Council of Governments to construct a multi-purpose Class I bike and pedestrian path (Path) along Highway 41 and Atascadero Creek in 2013. The Path is proposed to be installed from the northwest corner of Portola Road to the Northeast corner of San Gabriel Road (see attached map). The path will consist of an eight to ten-foot wide paved surface that winds its way along Atascadero Creek. The Path will be designed to accommodate both pedestrians and bicyclists. The Path will take the approximate route of the existing walking trail that was previously installed by the Resource Conservation District (RCD) (see picture below). The City had initially proposed to install the Path on the South side of Highway 41. However, Caltrans recommended that the City move the proposed path to the north side of Highway 41 to avoid expensive right -of-way, tree and archeology impacts. Figure 1 below shows the Path’s proposed location looking toward the restaurant on the Corner of Portola Road and Highway 41. The City received $526,000 in grant funding to construct the multi-purpose Path. Additionally, Council directed an additional $156,000 in Transportation Enhancement Grant money for design and construction of this project. Total project funding is $682,000 which will be used to design and construct the improvements. The project design is split into two separate phases of design: Phase I consisted of determining a proposed alignment for the project and collection of design data and reports. This phase has been completed by North Coast Engineering as part of a previous contract. Phase I consisted of the ITEM NUMBER: A-2 DATE: 02-25-14 collection and generation of topographic mapping, a biologists report, tree report, archeology report, 35% design drawings and meetings with Caltrans. Staff met with, and presented the proposed alignment to, Caltrans for feedback in early February. Caltrans provided input on the design, which is being used in Phase II. Since this project is funded by SLOCOG, and partially in the Caltrans right of way, Caltrans input is vital to project success. Phase II will consist of the generation 80%, 100% and final design plans. Each step in the process involves coordination with Caltrans. Coordination includes several Caltrans departments including: right of way, environmental, design, traffic safety and encroachments. Therefore, the cost of the Phase II design is higher than typical projects because of the increased coordination with Caltrans, additional plan reviews and submittals related to the encroachment permitting process. However, staff will strive to come in under budget and ahead of schedule. Design costs are outlined in Table 1 below. A Request for Proposals was issued in 2013 for the Phase II design work. Three proposals were received. The proposals were reviewed for accuracy and compliance with the proposal requirements and ranked based on graded criteria. North Coast Engineering received the highest ranking of the three proposers. They also have worked on other paths along Caltrans highways and have extensive experience with the Caltrans Encroachment Permit Process. Staff has negotiated the price and services needed for this project with North Coast Engineering. The fee for the design services, to be provided by North Coast Engineering, is $84,807.00. Staff is moving very quickly to procure the design drawings. The funding has a very short time frame. The City needs to submit the plans and complete the environmental review by April 1st, so the project can be added to the California Transportation Commission’s June Agenda. Staff believes that the project is on track and will continue to push it forward. ITEM NUMBER: A-2 DATE: 02-25-14 Conclusion: Staff recommends that the City Council authorize the City Manager to execute a contract with North Coast Engineering in the amount of $84,807.00 for the design of the Highway 41 Multipurpose Class I Path Project. FISCAL IMPACT: The Highway 41 Multi-Purpose Class I Path Project contract is funded by State Transportation Improvement and Transportation Enhancement Grants that were appropriated within the 2013-2015 City budget. Design Phase I Design, Soils, Topo, Reports 47,203$ Phase II Design 84,807 Staff time 15,000 Design Contingency 8,990 Construction Construction Contract 404,600 Testing, inspection and staff time 40,500 Construction Contingency 80,900 Total Estimated Cost 682,000$ Highway 41 Multi-Purpose Path State Transportation Improvement Grant 526,000$ Transportation Enhancement Grant 156,000 Total Funding Sources 682,000$ PROJECTED FUNDING SURPLUS / (SHORTFALL)-$ PROPOSED FUNDING USES ESTIMATED FUNDING SOURCES ALTERNATIVES: 1. Council may direct staff to reconsider the design firm choice. Staff does not recommend this action since the construction funding could be lost if the design and environmental is not on the June California Transportation Commission Agenda. ATTACHMENT: Path Location Map ITEM NUMBER: A-2 DATE: 02-25-14 ITEM NUMBER: C-1 DATE: 02-25-14 Atascadero City Council Staff Report - Public Works Department Opposition to Inclusion of Properties Overlying the Atascadero Sub- Basin from the Boundaries of a Regulatory Water District for the Paso Robles Groundwater Basin RECOMMENDATION: Council approve Draft Resolution stating that the City of Atascadero opposes the inclusion of properties overlying the Atascadero Sub-Basin from the boundaries of a regulatory Water District for the Paso Robles Groundwater Basin. DISCUSSION: Background: At the January 28, 2014 City Council meeting Staff made a presentation on the Paso Robles Groundwater Basin and its relationship to the Atascadero Sub - Basin, including recent efforts by others to form a regulatory water district. T estimony was received from John Neil, General Manager of the Atascadero Mutual Water Company regarding the efforts of a coalition of agricultural and rural residential property owners to form a water district, and the Water Company Board of Directors’ position on issues surrounding the water district. Staff and the Water Company General Manager described their understanding of the hydro-geologic conditions that exist in the area immediately east of the Salinas River, specifically the presence of the Rinconada Fault that creates a geologic barrier between the Paso Robles Groundwater Basin and the Atascadero Sub -Basin. Staff also shared the conclusions of several studies that documented significant declines in groundwater levels in the greater Paso Robles Groundwater Basin (east of Paso Robles) that also documented very different, and stable conditions in the Atascadero Sub -Basin. The City Council stated its support of excluding tho se properties that overlie the Atascadero Sub-Basin from the proposed boundary o f the regulatory water district, and directed staff to bring back a letter or resolution stating the Council’s support. ITEM NUMBER: C-1 DATE: 02-25-14 Attached is a resolution for City Council’s consideration and approval that summarizes the issues, and states the Council’s direction provided at its last meeting. FISCAL IMPACT: None. ALTERNATIVES: 1. The Council may modify the proposed resolution to include additional information regarding the formation of the Water District, or location of the district boundary. 2. The Council may refer this item back to staff for additional analysis. 3. The Council may decide to take no formal policy position regarding the Paso Robles Groundwater Basin. ATTACHMENT: 1. Draft Resolution ITEM NUMBER: C-1 DATE: 02-25-14 ATTACHMENT 1: Draft Resolution DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, SUPPORTING THE POSITION OF THE ATASCADERO MUTUAL WATER COMPANY BOARD OF DIRECTORS OPPOSING THE INCLUSION OF PROPERTIES OVERLYING THE ATASCADERO SUB-BASIN FROM THE BOUNDARIES OF A REGULATORY WATER DISTRICT FOR THE PASO ROBLES GROUNDWATER BASIN. WHEREAS, The City of Atascadero commends the efforts of the Atascadero Mutual Water Company to manage the water supply serving the community of Atascadero, including groundwater resources in the Atascadero Sub-Basin; and, WHEREAS, The City further understands that the generally accepted boundary between the Atascadero Sub-Basin and the Paso Robles Groundwater Basin is the Rinconada Fault, and WHEREAS, The City understands the conditions within the Atascadero Sub-Basin groundwater formation are distinctly separate and unique from those conditions that may exist in the Paso Robles Groundwater formation, and WHEREAS, The City understands the two groups commonly known as PRAAGS and Pro Water Equity seek to form a California Water District within the Paso Robles Groundwater Basin, and WHEREAS, The City of Atascadero remains neutral on the formation of said California Water District, and WHEREAS, The City understands that the Atascadero Mutual Water Company Board of Directors “supports the activities of PRAAGS and Pro Water Equity so long as those activities and those proposed water district boundaries do not include properties that overlie the Atascadero Sub-Basin”, and WHEREAS, The City believes that protection of water resources serving the City of Atascadero is of vital interest of the City for the health, welfare and economic vitality of the community, and ITEM NUMBER: C-1 DATE: 02-25-14 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: 1. The City of Atascadero supports efforts to exclude the properties that overlie the Atascadero Sub-Basin from the boundary of any water district formed for the Paso Robles Groundwater Basin. On motion by Council Member _______________________ and seconded by Council Member ________________________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: _______________________________ Tom O’Malley, Mayor ATTEST: ______________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________ Brian A. Pierik, City Attorney