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AGENDA

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.
PLEDGE OF ALLEGIANCE:Mayor Pro Tem Bourbeau
ROLL CALL:Mayor Moreno 
Mayor Pro Tem Bourbeau 
Council Member Fonzi 
Council Member Funk 
Council Member Newsom
APPROVAL OF AGENDA:

Roll Call

Recommendation: Council:
 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.
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.)
Motion and Vote
 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 Report
  • 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 (ZCH19-0023)
  • 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 2019/2020.
    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 2019/2020, 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 2019/2020.
    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 2019/2020.[Administrative Services]
     7.De Anza Estates Assessment Districts

  • Fiscal ImpactAnnual 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 2019/2020.
    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 2019/2020, 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 2019/2020pursuant 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 2019/2020.
    6. Adopt Draft Resolution F declaring the City’s intention to levy and collect assessments for the AtascaderoLandscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2019/2020.[Administrative Services]
     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 2019/2020.
    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 2019/2020, 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 2019/2020.
    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 2019/2020. [Administrative Services]
    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 the 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 (805) 470-3400, or cityclerk@atascadero.org.)

    B. PUBLIC HEARINGS:
     1. Weed Abatement – Hearing of Objections
    • 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.
    • Recommendation: 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]

       Motion and Vote
    C. MANAGEMENT REPORTS:
     1.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 (CalPERS)
    • 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. [Administrative Services]
    Motion and Vote
     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 FY19/20. 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.
    • Recommendation: 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]
    Motion and Vote
    D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. The following represent standing committees. Informative status reports will be given, as felt necessary):
      Mayor Moreno
    1. City Selection Committee 
    2. County Mayors Round Table 
    3. Economic Vitality Corporation, Board of Directors (EVC) 
    4. SLO Council of Governments (SLOCOG) 
    5. SLO Regional Transit Authority (RTA)

    Mayor Pro Tem Bourbeau
    1. City / Schools Committee 
    2. City of Atascadero Finance Committee 
    3. Integrated Waste Management Authority (IWMA) 
    4. SLO County Water Resources Advisory Committee (WRAC) 

    Council Member Fonzi
    1. Air Pollution Control District 
    2. Atascadero Basin Ground Water Sustainability Agency (GSA) 
    3. City of Atascadero Design Review Committee 
    4. SLO Local Agency Formation Commission (LAFCo) 

    Council Member Funk
    1. City of Atascadero Finance Committee 
    2. Homeless Services Oversight Council 
    3. League of California Cities – Council Liaison 

    Council Member Newsom
    1. California Joint Powers Insurance Authority (CJPIA) Board 
    2. City / Schools Committee 
    3. City of Atascadero Design Review Committee 
    4. Visit SLO CAL Advisory Committee
    E.INDIVIDUAL DETERMINATION AND / 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 
    2. City Clerk 
    3. City Treasurer 
    4. City Attorney 
    5. City Manager
    F. ADJOURN
    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.