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CITY OF A TASCADERO
CITY COUNCIL
MINUTES
Tuesday, May 14, 2019
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Entrance on Lewis Ave.)
City Council Regular Session: 6:00 P.M.
REGULAR SESSION — CALL TO ORDER: 6:00 P.M.
Mayor Moreno called the meeting to order at 6:03 p.m. and Mayor Pro Tem Bourbeau led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Fonzi, Funk, Newsom, Mayor Pro Tem Bourbeau
and Mayor Moreno
Absent: None
Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri
Rangel, Public Works Director Nick DeBar, Police Lieutenant Robert
Molle, Community Development Director Phil Dunsmore, Fire Chief
Casey Bryson, City Attorney Brian Pierik and Deputy City
Manager/City Clerk Lara Christensen.
APPROVAL OF AGENDA:
MOTION: By Mayor Pro Tem Bourbeau and seconded by Council Member
Fonzi to:
1. Approve this agenda; and,
2. Waive the reading in full of all ordinances appearing on this
agenda, and the titles of the ordinances will be read aloud by
the City Clerk at the first reading, after the motion and before
the City Council votes.
Motion passed 5:0 by a roll -call vote.
Atascadero City Council
May 14, 2019
Page 1 of 8
PRESENTATIONS: None
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes —April 23 2019
■ Recommendation: Council approve the April 23, 2019 Draft City Council
Meeting Minutes. [City Clerk]
2. March 2019 investment Repo
■ Fiscal Impact: None.
■ Recommendation: Council receive and file the City Treasurer's report for
quarter ending March 2019. [Administrative Services]
3. Title 9 and Title 11 Planning and Zoning Text Amendments - Annual Code
Update (ZCH19-00231
■ Fiscal Impact: Potential savings of staff time.
■ Recommendation: Council adopt on second reading, by title only, the Draft
Ordinance amending the Atascadero Municipal Code, Title 9 Planning &
Zoning, Section 9-1.110 Public hearings, Section 9-3.330 Nonresidential
district allowable land uses, Sections 9-3.340 through 9-3.345 and 9-3.348
through 9-3.349 Property development standards, Section 9-6.112 Farm
animal raising, Section 9-6.174 Seasonal or temporary sales, Section
9-12.104 Required approvals and Title 11 Subdivisions, Section 11-4.06
Noticing of planning commission hearing on tentative map and determining
this Ordinance is exempt from review under the California Environmental
Quality Act. [Community Development]
4. Second Amendment to Agreement for City Attorney Legal Services
■ Fiscal Impact: None.
■ Recommendation: Council approve Second Amendment to Agreement for
Legal Services with Burke, Williams & Sorensen for City Attorney Services.
[City Manager]
5. Adoption of Atascadero Transit's Title VI Plan 2019-2022
■ Fiscal Impact: The City of Atascadero benefits from Federal Transit
Administration capital and operating assistance funding. Federal funds could be
withheld from Atascadero Transit should the City fail to submit a Title VI Plan.
■ Recommendation: Council adopt Atascadero Transit's Title VI Plan for 2019-
2022. [Public Works]
6. Apple Valley Assessment Districts
■ Fiscal Impact: Annual assessments for 2019/2020 will total $38,500 for
road/drainage system maintenance and $63,000 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 201912020.
Atascadero City Council
May 14, 2019
Page 2 of 8
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).
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 201912020, and
to appoint a time and place for the public hearing on these matters.
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 2019/2020 pursuant to the provisions of Part 2 of
Division 15 of the California Streets and Highways Code.
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 201912020.
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 201912020. [Administrative
Services]
7. De Anza Estates Assessment Districts
• Fiscal Im act: Annual assessments for 2019/2020 will total $30,562 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 $1,400 for the fiscal year
2019/2020 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 201912020.
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).
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 201912020,
and to appoint a time and place for the public hearing on these matters.
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 2019/2020 pursuant to
the provisions of Part 2 of Division 15 of the California Streets and
Highways Code.
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 201912020.
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 201912020.
[Administrative Services]
Atascadero City Council
May 14, 2019
Page 3of8
8. Las Lomas (Woodridge) Assessment Districts
■ Fiscal Impact: Annual assessments for 2019/2020 will total $90,383 for
road/drainage system maintenance and $64,890 for landscape and lighting
maintenance. These amounts will be assessed to the owners of parcels in Las
Lomas (Woodridge). The City General Fund will contribute $1,850 for the fiscal
year 2019/2020 for 25% 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. 02 (Woodridge) for fiscal year 201912020.
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).
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 201912020, and to
appoint a time and place for the public hearing on these matters.
4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments
for the Atascadero Landscaping and Lighting Maintenance District No. 02
(Woodridge) for fiscal year 2019/2020 pursuant to the provisions of Part 2 of
Division 15 of the California Streets and Highways Code.
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 201912020. _
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 201912020. (Administrative Services]
MOTION: By Mayor Pro Tem Bourbeau and seconded by Council Member
Fonzi to approve the Consent Calendar. (#A-3: Ordinance No. 620)
(#A-4: Contract No. 2007-029-A-2) (#A-6: Resolution Nos. 2019-015,
2019-016, 2019-017, 2019-018, 2019-019 and 2019-020)
(#A-7: Resolution Nos. 2019-021, 2019-022, 2019-023, 2019-024,
2019-025 and 2019-026) (#A-8: Resolution Nos. 2019-027, 2019-028,
2019-029, 2019-030, 2019-031 and 2019-032)
Motion passed 5:0 by a roll -call vote.
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: None,
Mayor Moreno closed the COMMUNITY FORUM period.
Atascadero City Council
May 14, 2019
Page 4 of 8
B. PUBLIC HEARINGS:
1. Weed Abatement — Hearing of Ob"ections
■ Ex -Parte Communications:
■ Fiscal Impact: None. Costs of the weed abatement program are recovered
through the assessments charged to non-compliant parcels that must be
abated by the City Contractor. Those property owners who comply with the
Municipal Code are not assessed or charged.
■ Recommendations: Council:
1. Hear all objections to the proposed removal of vegetative growth and/or
refuse and allow or overrule any objections.
2. Authorize the Fire Chief to proceed and perform the work of abatement.
[Fire Department]
Ex Parte Communications
Council Member Funk reported speaking with a resident concerned with being able to hire
a contractor to do the abatement in time for the June 1st deadline. The remainder of the
Council Members reported having no communications on this item.
Fire Chief Bryson gave the staff report and answered questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: None.
Mayor Moreno closed the Public Comment period.
MOTION: By Mayor Pro Tem Bourbeau and seconded by Council Member
Fonzi to:
1. Hear all objections to the proposed removal of vegetative
growth and/or refuse and allow or overrule any objections.
2. Authorize the Fire Chief to proceed and perform the work of
abatement.
Motion passed 5:0 by a roll -call vote.
C. MANAGEMENT REPORTS:
1. Amendment to the Contract Between the Citv Council of the Citv of
Atascadero and the Board of Administration of the California Public
Em to ees' Retirement S stem CaIPERS
■ Fiscal Impact: None.
■ Recommendation: Council adopt on second reading, by title only, the Draft
Ordinance authorizing the Mayor to execute an amendment to the contract
between the City Council of the City of Atascadero and the Board of
Administration of the California Public Employees' Retirement System.
r..
[Administrative Services]
Deputy City Manager Christensen gave the staff report and answered questions from the
Council.
Atascadero City Council
May 14, 2019
Page 5 of 8
PUBLIC COMMENT:
The following citizens spoke on this item: None.
Mayor Moreno closed the Public Comment period.
MOTION: By Mayor Pro Tem Bourbeau and seconded by Council Member
Funk to adopt on second reading, by title only, the Draft
Ordinance authorizing the Mayor to execute an amendment to
the contract between the City Council of the City of Atascadero
and the Board of Administration of the California Public
Employees' Retirement System.
Deputy City Manager/City Clerk Christensen read the title of the Ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, TO APPROVE AN AMENDMENT TO
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE CITY
COUNCIL OF THE CITY OF ATASCADERO.
Motion passed 5:0 by roll -call vote. (Ordinance No. 621)
2. Wastewater Rate Study and Proposed Sewer Service Rate Increases
■ Fiscal Impact: Approving staff recommendations has the potential to
generate an estimated $350,000 in additional revenue from sewer service
charges collected in FY19120. The recommendations will also approve
additional total expenditures of up to $20,000 related to the Proposition 218
majority protest process ($5,000) and wastewater rate study professional
services and support activities ($15,000) from the Wastewater fund in the
current fiscal year.
■ Recommendations: Council:
1. Receive and file report on Wastewater Rate Study.
2. Adopt Draft Resolution establishing procedures for the submission and
tabulation of protests in connection with rate hearings conducted pursuant
to the requirements of Proposition 218.
3. Direct staff to administer the Proposition 218 majority protest process and
send out notice of the proposed increases to all property owners
connected to the municipal sanitary sewer system.
4. Set a Public Hearing on July 9, 2019 for the City Council's consideration
of the proposed wastewater rate increases.
5. Approve a budget amendment and authorize the Director of
Administrative Services to appropriate $5,000 from the Wastewater Fund
for costs related to the Proposition 218 majority protest process.
6. Approve a budget amendment and authorize the Director of
Administrative Services to appropriate an additional $15,000 from the
Wastewater Fund to professional services related to wastewater rate
study and support activities. [Public Works]
Atascadero City Council
May 14, 2019
Page 6 of 8
Public Works Director DeBar gave the staff report and answered questions from the
Council. Clayton Tuckfield, Tuckfield & Associates, presented the Wastewater Rate Study
-- to the Council and answered questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: None. .�
Mayor Moreno closed the Public Comment period.
MOTION: By Mayor Pro Tem Bourbeau and seconded by Couincil Member
Fonzi to:
1. Receive and file report on Wastewater Rate Study.
2. Adopt Draft Resolution establishing procedures for the
submission and tabulation of protests in connection with rate
hearings conducted pursuant to the requirements of
Proposition 218.
3. Direct staff to administer the Proposition 218 majority protest
process and send out notice of the proposed increases to all
property owners connected to the municipal sanitary sewer system.
4. Set a Public Hearing on July 9, 2019 for the City Council's
consideration of the proposed wastewater rate increases.
5. Approve a budget amendment and authorize the Director of
Administrative Services to appropriate $5,000 from the
Wastewater Fund for costs related to the Proposition 218
majority protest process.
S. Approve a budget amendment and authorize the Director of
Administrative Services to appropriate an additional $15,000
from the Wastewater Fund to professional services related to
wastewater rate study and support activities.
Motion passed 5:0 by a roll -call vote. (Resolution No. 2019-033)
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS:
The following Council Members made brief announcements and gave brief update reports
on their committees since their last Council meeting:
Mayor Moreno
1. County Mayors Round Table
Mayor Pro Tem Bourbeau
1. City 1 Schools Committee
2. City of Atascadero Finance Committee
3. Integrated Waste Management Authority (IWMA)
Council Member Funk
1. Homeless Services Oversight Council
Council Member Newsom
1. Visit SLO CAL Advisory Committee
Atascadero City Council
May 14, 2019
Page 7 of 8
E. INDIVIDUAL DETERMINATION AND 1 OR ACTION: None
F. ADJOURN
Mayor Moreno adjourned the meeting at 7:32 p.m.
7MREPA 8Y:
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y'City IV9�na r / City Clerk
APPROVED: May 28, 2019
Atascadero City Council
May 14, 2019
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