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HomeMy WebLinkAboutCC_2014-05-13_Minutes Approved May 27, 2014 n In 9,1 n 1818 R 1979'-� \ � CITY OF ATASCADERO CITY COUNCIL ACTION MINUTES Tuesday, May 13, 2014 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Enter on Lewis Ave.) City Council Closed Session: 5:00 P.M. City Council Regular Session: 6:00 P.M. 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 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Labor Negotiators (Govt. Code Sec. 54957.6) Agency designated representatives: Rachelle Rickard, City Manager Employee Organizations: Atascadero Firefighters Bargaining Unit; Atascadero Police Association; Service Employees International Union, Local 620; Mid-Management/Professional Employees; Non- Represented Professional and Management Workers and Confidential am Employees Atascadero City Council May 13,2014 Page 1 of 10 Approved May 27, 2014 4. CLOSED SESSION -- ADJOURNMENT am 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 Little Leaguer Joseph Dawson 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 Commander Joe Allen, Fire Chief Kurt Stone, and City Attorney Brian Pierik. APPROVAL OF AGENDA: MOTION: By Council Member Fonzi and seconded by Mayor Pro Tem Sturtevant to approve the agenda. Motion passed 5:0 by a roll-call vote. PRESENTATIONS: 1. 75th Anniversary of Little League Proclamation The City Council presented the Proclamation to Tim Bochum. Atascadero City Council May 13,2014 Page 2 of 10 Approved May 27, 2014 2. North County Boys & Girls Club Allen Reese gave a presentation to the City Council. 3. Atascadero State Hospital 60th Anniversary Celebration Martha Staib, Acting Public Information Officer for Atascadero State Hospital, gave a presentation to the City Council about the history of the Hospital and the upcoming events. 4. US 101 Corridor Presentation by San Luis Obispo Council of Governments (SLOCOG) Jessica Berry from SLOCOG gave the presentation to the City Council. A. CONSENT CALENDAR: 1. March 2013 Accounts Payable and Payroll ■ Fiscal Impact: $1,970,350.82 ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for March 2013. [Administrative Services] 2. March 2014 Investment Report ■ Fiscal Impact: None. ■ Recommendation: Council receive and file the City Treasurer's report for quarter ending March 2014. [Administrative Services] 3. Purchase of 19 Passenger Dial-A-Ride Transit Bus ■ Fiscal Impact: This purchase is funded through a combination of Federal Transit Administration (FTA) and Transportation Development Act (TDA), and is included in the City's 2013/2015 budget. ■ Recommendation: Council authorize the purchase of a 19 Passenger Transit Bus from Creative Bus Sales for $62,809.06. [Public Works] 4. PLN 2099-0033 / ZCH 2014-0171 - Second Reading - Oak Ridge Estates / 3F Meadows - PDA I Text Amendment (Castlerock Development/ KM Holdings) ■ Fiscal Impact: Oak Ridge Estates is a private development project that is responsible for funding all on-site and off-site improvements. As the project builds single-family residential houses the City will receive permit fees, Capital Facility Impact Fees, and increased property tax that will be revenue positive to the City. r. Atascadero City Council May 13,2014 Page 3 of 10 Approved May 27, 2014 ■ Recommendation: Council adopt on second reading by title only, Draft Ordinance A amending PD-11 for the Oak Ridge Estates/3-F Meadows r� project. [Community Development] 5. Temporary Road Closure - Colony Days Parade Route ■ Fiscal Impact: No net fiscal impact to the General Fund, as the road closure fee covers the staff time and equipment required for traffic control and clean-up related to this event (estimated at $2,600.00). ■ Recommendation: Council adopt the Draft Resolution establishing a temporary Colony Days Parade Route on Saturday, October 18, 2014, and establishing associated tow-away and "No Parking" zones and road closures from October 16 — 19, 2014, on the dates, times and locations as specified in the Draft Resolution. [Public Works] 6. Landscape and Lighting District Maintenance Services Award - Apple Valley and De Anza Estates ■ Fiscal Impact: The majority of these maintenance costs will be paid for by assessments on property owners in the districts; however, the City of Atascadero is responsible for 50% of the cost for maintaining the open space and trails in the De Anza Estates LLA and 50% of the cost for maintaining the park in the Apple Valley LLA. ■ Recommendation: Council authorize the City Manager to execute a two- year agreement, with the option of two (2) one-year extensions, with Madrone Landscapes, Inc., for landscape maintenance services in the Apple Valley and De Anza Estates Landscape and Lighting Assessment Districts. [Public Works] 7. Apple Valley Assessment Districts ■ Fiscal Impact: Annual assessments for 2014/2015 will total $42,000 for road/drainage system maintenance and $56,000 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Apple Valley. ■ Recommendations: Council: 1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) for fiscal year 2014/2015; and, 2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer's Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley); and, 3. Adopt Draft Resolution C declaring the City's intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) in fiscal year 2014/2015, and to appoint a time and place for the public hearing on these matters; and, Atascadero City Council May 13,2014 Page 4 of 10 Approved May 27, 2014 4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2014/2015 .�.. pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code; and, 5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer's Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2014/2015; and, 6. Adopt Draft Resolution F declaring the City's intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2014/2015. [Administrative Services] 8. De Anza Estates Assessment Districts ■ Fiscal Impact: Annual assessments for 2014/2015 will total $40,090 for road/drainage system maintenance and $15,875 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in De Anza Estates. The City General Fund will contribute $1,020 for the fiscal year 2014/2015 for half of the maintenance costs of the trails and open space. ■ Recommendations: Council: 1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) for fiscal year 2014/2015; and, 2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer's Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates); and, 3. Adopt Draft Resolution C declaring the City's intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) in fiscal year 2014/2015, and to appoint a time and place for the public hearing on these matters; and, 4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2014/2015 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code; and, 5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer's Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2014/2015; and, Atascadero City Council May 13,2014 Page 5 of 10 Approved May 27, 2014 6. Adopt Draft Resolution F declaring the City's intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year �.. 2014/2015. [Administrative Services] 9. Las Lomas (Woodridge) Assessment Districts ■ Fiscal Impact: Annual assessments for 2014/2015 will total $12,051 for road/drainage system maintenance and $11,638 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Las Lomas (Woodridge). ■ Recommendations: Council: 1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) for fiscal year 2014/2015; and, 2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer's Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge); and, 3. Adopt Draft Resolution C declaring the City's intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) in fiscal year 2014/2015, and to appoint a time and place for the public hearing on these matters; and, 4. Adopt Draft Resolution D initiating proceedings for annual levy of i0w assessments for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2014/2015 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code; and, 5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer's Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2014/2015; and, 6. Adopt Draft Resolution F declaring the City's intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2014/2015. [Administrative Services] 10.Atascadero Tourism Business Improvement District (ATBID) Annual Assessment ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Approve the ATBID Annual Report; and, 2. Adopt the Draft Resolution of Intention, declaring intent to levy annual Business Improvement District assessment, and set a public hearing for May 27, 2014. [City Manager] Atascadero City Council May 13,2014 Page 6 of 10 Approved May 27, 2014 Citizen Mitch Paskin asked to have #A-4 to be pulled. MOTION: By Council Member Moreno and seconded by Mayor Pro Tem, �..r Sturtevant to approve Items #A-1, 2, 3, 5, 6, 7, 8, 9, and 10 of the Consent Calendar. Motion passed 5:0 by a roll-call vote. (#A-10 4:0, O'Malley abstained) (#A-5: Resolution No. 2014-008, #A-6: Contract No. 2014-012, #A-7.1: Resolution No. 2014-009, #A-7.2: Resolution No. 2014-010, #A-7.3: Resolution No. 2014-011, #A-7.4: Resolution No. 2014-012, #A-7.5: Resolution No. 2014-013, #A- 7.6: Resolution No. 2014-014, #A-8.1: Resolution No. 2014-015, #A-8.2: Resolution No. 2014-016, #A-8.3: Resolution No. 2014- 017, #A-8.4: Resolution No. 2014-018, #A-8.5: Resolution No. 2014-019, #A-8.6: Resolution No. 2014-020, #A-9.1: Resolution No. 2014-021, #A-9.2: Resolution No. 2014-022, #A-9.3: Resolution No. 2014-023, #A-9.4: Resolution No. 2014-024, #A- 9.5: Resolution No. 2014-025, #A-9.6: Resolution No. 2014-026, #A-10: Resolution No. 2014-027. Item #A-4: Mayor O'Malley asked staff to summarize this item. Community Development Director Frace explained this is the second reading of the Draft Ordinance amending PD-11 for the Oak Ridge Estates/3-F Meadows project. Citizen Mitch Paskin urged the Council to vote no on Item #A-4. too MOTION: By Council member Kelley and seconded by Council Member Moreno to approve #A-4 of the Consent Calendar. Motion passed 5:0 by a roll-call vote. (Ordinance No. 580) 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: Joyce Zimmerman (Exhibit A), Don Ritter, Mike Casey, David Martin. Mayor O'Malley closed the COMMUNITY FORUM period. Atascadero City Council May 13,2014 Page 7 of 10 Approved May 27, 2014 B. PUBLIC HEARINGS: ow 1. Weed Abatement - Hearing of Objections ■ Ex Parte Communications: ■ Fiscallmggct: None ■ Recommendations: Council: 1. Hear all objections to the proposed removal of vegetative growth and/or refuse and allow or overrule any objections; and, 2. Authorize the Fire Chief to proceed and perform the work of abatement. [Fire] Ex Parte Communications: None Fire Chief Kurt Stone gave the staff report and answered questions from the Council. PUBLIC COMMENT: None MOTION: By Council Member Fonzi and seconded by Council Member Kelley to: 1. Hear all objections to the proposed removal of vegetative growth and/or refuse and allow or overrule any objections; and, aw 2. Authorize the Fire Chief to proceed and perform the work of abatement. Motion passed 5:0 by a roll-call vote. 2. Amendments and Additions to Fee Schedule ■ Ex Parte Communications: ■ Fiscal Impact: There will be an estimated annual increase in operating revenue of$436,700 from service fees. ■ Recommendation: Council adopt Draft Resolution A establishing a schedule of Fees and Charges for City Services. [Administrative Services] Ex Parte Communications: None Administrative Services Director Jeri Rangel gave the staff report and answered questions from the Council. PUBLIC COMMENT: None Atascadero City Council May 13,2014 Page 8 of 10 Approved May 27, 2014 MOTION: By Council Member Moreno and seconded by Mayor Pro Tem am Sturtevant to adopt Draft Resolution A establishing a schedule of Fees and Charges for City Services, and direct staff to bring back this issue to the Council annually for review of fees. Motion passed 3:2 by a roll-call vote. (Fonzi & Kelley opposed) (Resolution No. 2014-028) C. MANAGEMENT REPORTS: None COUNCIL ANNOUNCEMENTS AND REPORTS: The City Council Members made brief announcements. D. COMMITTEE REPORTS: Mayor O'Malley 1. County Mayors Round Table — next meeting will be in Morro Bay and they will be discussing Water. 2. City Selection Committee - will interview applicants for the Regional Airport Board. Mayor Pro Tem Sturtevant 1. City/Schools Committee meeting will be Friday, May 23, 2014. 2. League of California Cities — Council Members, the City Clerk, and their spouses attended the League's Channel Counties Dinner in Buellton two weeks ago. The dinner was well attended by Council Members and staff from most of the cities from Ventura, Santa Barbara and San Luis Obispo counties. The guest speaker was Lt. General John W. Raymond from Vandenberg Air Force Base. Council Member Fonzi 1. SLO Local Agency Formation Commission (LAFCo) - update regarding formation of a possible groundwater basin maintenance district. E. INDIVIDUAL DETERMINATION AND / OR ACTION: None F. ADJOURNMENT Mayor O'Malley adjourned the meeting at 8:24 p.m. Atascadero City Council May 13,2014 Page 9 of 10 Approved May 27, 2014 MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C. ! City Clerk /Assistant to the City Manager The following exhibit is available for review in the City Clerk's office: Exhibit A—Joyce Zimmerman handout on Fracking err tires Atascadero City Council May 13,2014 Page 10 of 10 City Council Minute Exhibit A _ Date: -1 —I MONTEREY E1 L 4 LOS ANGELES TIMES/MCT A pump jack sits across the street from a vacant home just outside Shafter city limits on March 5. Accessing oil trapped in Kern County's Monterey Shale formation could be prohibitively expensive. N , M.RACTIO L , A vast oil trove is trapped ' in,the complicated geology under the area stretching from Bakersfield to Fresno I BY JUME CART Los Angeles Tunes SHAFFER—A bustling city is sprouting on five acres,carved out of a vast almond grove:Tanker trucks and heavy equipment come and go,a row of office trailers runs the length of the site and an im- posing 150-foot drilling rig illumi- nated by footbalpfield like lights ris- es over the trees. IYs all been hustled into service to solve a tantalizing riddle:how to into the largest oil shale.reser- Almond farmer Tom Frantz works in his orchard in Shafter last tap tap t the United States. month.Up to 15 billion barrels of oil could lie beneath the land. voiAcross the southernSanJoaquin provide ac- 15 billion barrels of recoverable oil Valley, oil exploration sites have acidization—can help p ed whaYs known as the popped up in agricultural fields and cess to deep and lucrative oil re- is trapped Shale formation,which on government land,driven by the serves. The race began after the federal covers 1,750 square miles,roughly hope that technological advances in on extraction—ply hydraulic Energy Information Administration fracturing(known as fracking)and estimated in 2011 that more than Please see SHALE,A7 LO O In In up V im+ L as y O cm N � ro V N N N a cm N OWN t. 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CISG r. p cu : ppw y a �1 ao Uo v 6o 6l co >wULpr, � OD , U 4-1 p co . 0 >, w ° ° ��c.r � °0xpr 3 4.1 tic> v •.+avi o � U� CtoJ' � p O >, 4)cp 4)b .0 Yo NO 'w O � r+ 3 �.O 0 O .yCO h yw° o 4) o d '. a . da° � .v a� c�n o obi �3'ov, 3U '�i a, m aH c°i P5' c�°��o °�' obi3a. i -d 3 J Frrack Free in `94 Fracl�n continued om page 1 FrackingMoratorium of these health-threatening practices:' Since then,several new studies and in reports from around the country Dave State underscored just how harmful racking Bill and well stimulation are to public health,water supplies and the air.This State Senators Holly Mitchell and groundwater pollution,high levels of bill builds on last year's actions andwill ensure that Californians have Mark Leno have introduced a bill to water consumption,and earthquakes. complete information about trackingve impose a moratorium on fracking and Senate Bill 1132 would impose a and well stimulation before those well stimulation in California unless moratorium until completion of an techniques are allowed to continue in there is certainty that the practices will expanded study of fracking's impacts, California not harm public health,the environ which must then be followed by a "More than half of Californians have ment and the economy. determination that the public health, said in public opinion surveys that Fracking and well stimulation are the environment and the economy will they want public end to fracking in this technologies that have in recent years not be harmed if fracking resumes. state.It doesn't make sense to them to been used in oil and natural gas fields "Senatots Mitchell and Leno have let big oil pump toxic chemicals into the around the country to literally break up placed before the legislature the aquifers,near ground,including ne neuifers,and e and dissolve rock deep in the earth to opportunity to take the next logical hope for the best. r aq gives gain access to previously inaccessible step to protect Californians from a legislators a chance to demonstrate oil and gas reserves.The technologies dangerous practice,"said Kathryn that they are listening to their constitu- employ hundreds of harsh and toxic Phillips,director of Sierra Club Califor- ,> chemicals,including acids,mixed with nia."Last year the legislature passed a e The Siena Club will be reaching out large quantities of water Fracking and bill,SB 4,that would begin regulation to members throughout California to well stimulation has been linked to high help make sure this bill gets the sup- levels of air pollution,surface and FRA CKING continued on page 3 port it needs to get it through the _ Senate by May 30(after which it goes to the Assembly for consideration). Step one for SLO folks:On March 15, get on a bus to Sacramento! confirms how fi �tt a is known a bout fraCkiflolFsfieal.LL3Y LISA SONG concern no � �� ID JIM MORRIS comprehensive where a lack of air moni- fide. sideClimate News Population-based studies of toring and research is a - -'the investigative arm of the publge health effects of gravated by a Texas reg The new study, led by Congress — reviewed v study has under- (unconventional natural latory system that often ooradohn ASchooldgate aof Public t the Col. more than t studies from just how little is gas) operations exist,"con- protects the _ government agencies, the in try about the health cluded the report published dustry over the public. m researcheon thee environ- searchers searchers and concluded ences of the natural Monday in the he and academic ed )m that began a reviewed journal Environ- the series said the uncests interviewed rr logical mental, mpacts of shale social and psycho- that oil and gas develop- igo,when advances mental Science&Technol- tainties persist across then ment"pose inherent envi- volume hydraulic ogy. drilling.It was the first time ronmental and public g, or fracking, country. anyone had tried to tackle " health risks,but the extent kmg, and Last week,Inside country Gas and oil production the question in a systematic of these risks ... is un- al drilling allowed News, the Center for Pub- releases many toxic chemi- way,A �r to tap shale de- tic Integrity and The Gals into the air and water, Regulators well studknoies GAO reviewed he in Part,because the ross the United Weather Channel reported including carcinogens like aware of the knowledge not generally take into ado c- on the health data gap-in benzene and respiratory gap. In 2012, the Govern- count the potential long- Accountability broad public the Eagle Ford Shale, hazards like hydrogen Sul- ment Accountabili Office ty term,cumulative effects." a FracVinqmay b beh'l'nd Oklahoma , quake swarm -JL BY JIM EFSTATHIOU,JR. water underground has Bloomberg News been linked to a sixfold There have been more jump in quakes in the cen- earthquakes strong enough tral United States from 2000 to be felt in Oklahoma this to 2011,according to the sci- year than in all of 2013,over- ence agency,part of the In- whelming state officials who terior Department. are trying to determine State regulators last year whether the temblors are curtailed operations at one linked to oil and natural gas Love County injection well production. and shut down a second af- The state Sunday night ter a series of earthquakes experienced its 109th earth- in the area, according to quake of a magnitude 3 or Matt Skinner, a spokesman higher, matching the total with the Oklahoma Corpo- for all of 2013;;according to ration Commission.State of- Austin Holland, a research ficials are analyzing a swarm seismologist wiIth the Okla of earthquakes in the past 10 homa Geologipal Survey. days near Langston,he said. More quakes followed, in- "This is the area we're cluding a magtlftude 4 near most concerned about," Langston about 40 miles Skinner s a n an wells interview north of Oklahoma City. A surge in U.S.oil and gas in the area." production by fracturing,or Chad Warmington, presi- fracking, in which drillers dent of the Mid-Continent use a mix of water and chem- Oil and Gas Association of icals to coax liquids from Oklahoma, an industry rock formations,has gener- group, wasn't immediately ated large volumes of waste- available for comment.The water.As fracking expanded number of earthquakes with to more fields,reports have suspected connections to in- become more frequent from jection wells is a small frac- Texas to Ohio of earth- tion of the number of wells, quakes linked to wells that according to America's Nat- drillers atdrillers use to pump waste- ural Gas Alliance,an indus- water underground. try group in Washington. "We certainly likely have Oklahoma's earthquake,e a gst cases of earthquakes being recorded caused by different oil and 5.7-magnitude temblor near gas activity," Holland said. Prague, Okla., on "Evaluating those carefully Nov 6, 2011, was linked to can take significant amounts wastewater wells by re- of time, especially when searchers from the Univer- we're swamped." sity of Oklahoma,Columbia Within the past year, University and the USGS. earthquakes thought to be The state's geological of- tied to wastewater disposal fice said the connection was wells were recorded in Azle, inconclusive. State regula- Texas; Jones, Okla.; and tors last month said well op- northeastern Ohio, accord- erators should have to ing to Art McGarr, a geo- record injection well pres- physicist with the U.S.Geo- sure daily instead of month- logical Survey in Menlo ly.The rule needs state leg- Park eg- Pak islature approval and the sig- Pumping igPumping fracking waste- nature of Gov.Mary Fallin.