HomeMy WebLinkAboutCC_2019-07-09_MinutesCITY OF ATASCADERO
CITY COUNCIL
MINUTES
Tuesday, July 9, 2019
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Entrance 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 Moreno announced at 5:00 p.m. that the Council was going into Closed Session.
9. CLOSED SESSION -- PUBLIC COMMENT - None
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference With Legal Counsel—Anticipated Litigation
Significant exposure to litigation pursuant to Govt. Code
Section 54956.9(d)(2): 1 potential case
4. CLOSED SESSION -- ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION – REPORT
The City Attorney reported that there was no reportable action in Closed Session.
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor Moreno called the meeting to order at 6:00 p.m. and Mayor Pro Tem Bourbeau led
the Pledge of Allegiance.
Atascadero City Council
July 9, 2019
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ROLL CALL:
Present: Council Members Fonzi, Funk, Newsom, Mayor Pro Tem Bourbeau
and Mayor Moreno
Absent: None
Staff Present: City Manager Rachelle Rickard, 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
Newsom 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.
PRESENTATIONS:
1. Employee Recognition
City Manager Rickard presented the following employees with Service Awards:
• 5 Years: Jon Woolery, Senior Technical Support Specialist
Bruce St. John, Building Inspector II
Amanda-Muther, Administrative Assistant/Deputy City Clerk
Ayla Tomac, SST/Dispatcher
Sam Rodriguez, Police Corporal
• 15 Years: Timm Cleaver, Wastewater Operator II
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes —June 25 2019
■ Recommendation: Council approve the .tune 25, 2019 Draft City Council
Meeting Minutes. [City Clerk]
2. Planned Development Amendment for the Principal Mixed-use Proiect
Zone Change Second Reading
■ Fiscal Impact: If the project is approved for processing, it should be required
to be fiscally neutral so the added residential units fund their fair share of
impacts to City police, fire, and parks services.
■ Recommendation: Council adopt on second reading, by title only, Draft
Ordinance approving Title 9 Zone Text Amendments to the Planned
Development Overlay Zone No. 24 (PD -24) and changing the zoning of Lot
62 from RMF -10 to CR based on findings. [Community Development]
Atascadero City Council
July 9, 2019
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3. Authorizina Temgorary Road Closures for Hot EI Camino Cruise Nite and
Colony Days Parade Route
■ Fiscal Impact:
Hot EI Camino Cruise Nite: No net fiscal impact.
Colony Days Parade Route: The Colony Days closure of the parade route is
expected to take over 100 hours of budgeted staff time for road closure
applications, set-up and manning the road closure.
■ Recommendations: Council:
1. Adopt Draft Resolution A authorizing temporary road closures and
restrictions on August 16, 2019 for the Hot EI Camino Cruise Nite.
2. Adopt Draft Resolution B authorizing temporary road closures and
restrictions on October 5, 2019 for Colony Days Parade Route.
[Public Works]
4. Atascadero Transit Driver Services Contract Award
■ Fiscal Impact: A combined contract total of $396,546 for the initial 23 -month
contract term, with three optional one year extensions for $222,874 in
FY21122, $232,180 in FY22123, and $237,115 in FY23/24.
■ Recommendation: Council authorize the City Manager to execute a contract
with MV Transportation, Inc. to provide Atascadero Dial A Ride transit driver
services for $185,187 for ,partial FY19120 and $211,359 for FY20I21 for a
combined total of $396,546 for the initial 23 -month contract term, with three
optional one year extensions for $222,874 in FY21122, $232,180 in FY22123,
and $237,115 in FY23124. [Public Works]
5. Rebid 2019.Storm Drain Culvert Replacements Project
■ Fiscal Impact: Potential to receive a responsive low bid within the City's
budget.
■ Recommendations: Council:
1. Reject all bids received on June 18, 2019 for 2019 Storm Drain Culvert
Replacements Project.
2. Direct staff to revise the bid package and resolicit bids for construction for
the 2019 Storm Drain Culvert Replacements Project. [Public Works]
MOTION: By Mayor Pro Tem Bourbeau and seconded by Council Member
Fonzi to approve the Consent Calendar. (#A-2: Ordinance No. 622)
(#A-3: Resolution Nos. 2019-061 and 2019-062) (#A-4: Contract No.
2019-005)
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: Geoff Auslen
Mayor Moreno closed the COMMUNITY FORUM period.
Atascadero City Council
July 9, 2019
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B. PUBLIC HEARINGS:
1. Proposition 218 Majority Protest Process Relative to Proposed Increase to
Wastewater (Sewer) Rates
■ Ex -Parte Communications:
■ Fiscal Impact: If approved, the new wastewater rates will result in an estimated
$350,000 in additional revenue from sewer service charges collected in FY19/20.
■ Recommendations: Council:
1. Conduct a public hearing to receive all written and verbal testimony
regarding the proposed wastewater (sewer) rates and consider the results
of protest proceedings in accordance with Proposition 218.
2. Adopt one of the following resolutions certifying the protest results:
A. For a non -majority protest -- Draft Resolution A certifying that the number
of valid written protests were not received from property owners
representing a majority of the parcels subject to the proposed rate increase.
OR
B. For a majority protest — Draft Resolution B certifying that the number of
valid written protests were received from property owners representing
a majority of the parcels subject to the proposed rate increase.
3. If no majority protest exists, adopt Draft Resolution C approving proposed
wastewater rates effective August 8, 2019. [Public Works]
Ex Parte Communications
The Council Members reported having no communications on this item.
Public Works Director DeBar gave the staff report and answered questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: Curtis Black
Mayor Moreno closed the Public Comment period.
MOTION: By Council Member Funk and seconded by Mayor Pro Tem
Bourbeau adopt Draft Resolution A certifying that the number of
valid written protests were not received from property owners
representing a majority of the parcels subject to the proposed
rate increase. (Resolution No. 2019-063)
Motion passed 5:0 by a roll -call vote.
MOTION: By Council Member Fonzi and seconded by Council Member Funk
to adopt Draft Resolution C approving proposed wastewater rates
effective August 8, 2019. (Resolution No. 2019-064)
Motion passed 5:0 by a roll -call vote.
2. Adopting Sewer Service Charges to be Added to the 2019-2020 Property
Tax Rolls
■ Ex -Parte Communications:
■ Fiscal Impact: The City will collect either $2,275,732 or $1,945,082 in sewer
service charges for FY19120 depending on whether or not new sewer rates
are adopted following the Proposition 218 Majority Protest Process.
Atascadero City Council
July 9, 2019
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■ Recommendations: Council:
1. Adopt Draft Resolution A approving sewer service charges to be added to
the 2019-2020 property tax rolls if Proposition 218 majority protest is
unsuccessful (new rates).
OR
2. Adopt Draft Resolution B approving sewer service charges to be added to
the 2019-2020 property tax rolls if Proposition 218 majority protest is
successful (old rates). [Public Works]
Ex Parte Communications
The Council Members reported having no communications on this item.
Public Works Director DeBar 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
Newsom to adopt Draft Resolution A approving sewer service
charges to be added to the 2019-2020 property tax rolls.
(Resolution No. 2019-065)
—� Motion passed 5:0 by a roll -call vote.
3. Ordinance to Repeal and Replace Title 6 Chanter 6 "No-Smokina Areas
Established in Certain Public Places" and Repeal Title 10. Chanter 1
Section 10-1.34 "Smoking and Tobacco Products"
■ Ex -Parte Communications:
■ Fiscal impact: None.
■ Recommendation: Council introduce, for first reading by title only, Draft
Ordinance repealing and replacing Title 6, Chapter 6 "No -smoking areas
established in certain public places° of the Atascadero Municipal Code and
deleting in its entirety Title 10, Chapter 1, Section 10-1.34 "Smoking and
tobacco products". [Police Department]
Ex Parte Communications
Council Member Funk reported communicating through email with Wendi Lewis of ECHO.
The remainder of the Council Members reported having no communications on this item.
Deputy City Manager/City Clerk Christensen 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.
Atascadero City Council
July 9, 2019
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MOTION: By Council Member Funk and seconded by Council Member
Newsom to introduce, for first reading by title only, Draft
41■ -P Ordinance repealing and replacing Title 6, Chapter 6
"No -smoking areas established in certain public places" of the
Atascadero Municipal Code and deleting in its entirety Title 10,
Chapter 1, Section 10-1.34 "Smoking and tobacco products".
Deputy City Manager/City Clerk Christensen read the title of the Ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA, REPEALING AND REPLACING TITLE 6 CHAPTER 6 "NO -SMOKING
AREAS ESTABLISHED IN CERTAIN PUBLIC PLACES" OF THE ATASCADERO
MUNICIPAL CODE TO EXPAND THE SMOKE-FREE AREA AND PROHIBIT ALL
PERSONS UNDER THE AGE OF 18 FROM POSSESSING TOBACCO AND
REPEALING IN ITS ENTIRETY ATASCADERO MUNICIPAL CODE SECTION 10-1.34
"SMOKING AND TOBACCO PRODUCTS"
Motion passed 5:0 by a roll -call vote.
C. MANAGEMENT REPORTS:
1. General Plan & Housing Element Annual Progress Report 2018 (CPP19-0045)
■ Fiscal Impact: None.
■ Recommendation: Council receive and file the 2018 Annual General Plan
Progress Report. [Community Development]
Community Development Director Dunsmore 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.
The Council received and filed the
2018 Annual General Plan Progress Report.
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
2. Economic Vitality Corporation, Board of Directors (EVC)
3. SLO Regional Transit Authority (RTA)
Atascadero City Council
July 9, 2019
Page 6 of 7
Mayor Pro Tem Bourbeau
1. Integrated Waste Management Authority (IWMA)
a. Council Member Bourbeau noted that the IWMA will discuss
Polystrene at the meeting this month.
Council Member Newsom
1. City of Atascadero Design Review Committee
Mayor Moreno recessed the meeting at 7:32 p.m.
Mayor Moreno reconvened the meeting at 7:42 p.m. with all present.
E. INDIVIDUAL DETERMINATION AND l OR ACTION: (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.)
1. City Council
a) Mayor Moreno will discuss and request Council direction whether or not
to agendize participation in Monterey Bay Community Power's
Community Choice Aggregation Program for the August 13, 2019 Council
Meeting.
Mayor Moreno summarized the brief discussion that occurred at the June 25, 2019
Meeting.
Tom Habashi of Monterey Bay Community Power answered questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: Emmett Aris, Dan Cook, Davenport, Geoff
Auslen, Nadia Levine, Sadie Levine, Heather Howell, Janice Petko, John Smigelski, Ron
Walters, Rita Casaverde, Rylan Aris and June Cochran.
Mayor Moreno closed the Public Comment period.
Following discussion by the Council, the item will not be agendized for the August 13, 2019
Meeting.
�s131I6111 S'L I
Mayor Moreno adjourned the meeting at 8:45 p.m.
MI T EPA Y.
L a K: hristense
De City Manager 1 City Clerk
APPROVED: August 13, 2019
Atascadero City Council
July 9, 2019
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