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Agenda Packet 012709
19710 IT C Y OF A TASCADERO CITY COUNCIL AGENDA Tuesday, January 27, 2009 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California r City Council Closed Session 5.00 P M City Council Regular Session 6.00 P M CLOSED SESSION 5 00 P M. 1 PUBLIC COMMENT— CLOSED SESSION 2. CALL TO ORDER a. Conference with Legal Counsel — Anticipated Litigation (Govt. Code Sec 54956 9 (c)) Initiation of Litigation - One Potential Case b. Public Employee Appointment (Govt. Code Sec 54957) Director of Public Works c Conference with Real Property Negotiators (Govt. Code Sec 54956 8) Property- Easement from Capistrano Avenue to Stadium Park along APN# 029-105-028 Agency Negotiator- Wade McKinney, City Manager Negotiating Parties Dr Gary Renzaglia and Ms Sandy Hughes 1 Under Negotiation Instruction to negotiator will concern price and terms of payment 3. ADJOURN CLOSED SESSION REPORT REGULAR SESSION 6 00 P M. PLEDGE OF ALLEGIANCE Mayor Beraud ROLL CALL. Mayor Beraud Mayor Pro Tem Fonzi Council Member Clay Council Member Kelley Council Mayor O'Malley APPROVAL OF AGENDA. Roll Call PRESENTATIONS 1 Recognition of Outgoing Commissioners 2. PG&E Recognition of City for Enrollment in "Climate Smart" Program 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 minutes 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 ) 2 1 Alvord Field Concession and Restroom Project Award ■ Fiscal Impact: Approval of this contract will result in the expenditure of $146,694 in previously allocated funds. ■ Recommendations. Council 1 Authorize the City Manager to execute a contract with Nick E Pokrajac, Inc in the amount of $146,694 00 for the Construction of the Alvord Field Concession and Restroom building, and, 2 Authorize the Director of Administrative Services to move $ 42,600 of Redevelopment Agency Funds from the Lake Park Frontage Improvement project the Alvord Field Concession and Restroom Building Project; and, 3 Authorize the City Engineer to file a Notice of Completion when the project is complete [Public Works] 2. Acceptance of New Fare Media on Fixed Route Transit Service ■ Fiscal Impact: Minimal fiscal impact is anticipated, revenue per rider will be monitored on a monthly basis to ensure no loss of revenue ■ Recommendation. Council approve the acceptance of day and monthly passes on the local fixed route service [Public Works] 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 The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council ) B PUBLIC HEARINGS 1 Del Rio Road Specific Plan and EIR - Wall-Mart/The Annex - EIR Request of Proposal Process - Wal-Mart Project Description Review - Specific Plan Boundary Adoption - Public Review Process ■ Fiscal Impact: The fiscal impact of the Specific Plan and EIR process on the City is expected to be minimal The City's cost recovery fees will require that planning staff time is covered for the preparation of Specific Plan and EIR ■ Recommendations. Council 1 Direct staff to issue requests for proposals (RFP's) for an Environmental Impact Report (EIR) per the City's purchasing policy for the Del Rio Road Specific Plan area, and, 2 Adopt Draft Resolution A approving a study area boundary for the Del Rio Road Specific Plan [Community Development] 3 2. Central Coast Regional Water Quality Control Board Draft 2009 Storm Water Management Plan Update— NPDES Phase II • Fiscal Impact: Staff estimates that the total costs will be approximately $900,000 over the next five years This includes the costs to generate the draft 2009 Storm Water Management Plan The plan does contain language that allows the City's expenses to be reduced during fiscally challenging times ■ Recommendations. Council 1 Receive report and provide comment on the draft 2009 Storm Water Management Plan (Storm Water Plan), and, 2 Authorize staff to file the Storm Water Plan with the Central Coast Regional Water Quality Control Board (Water Board) to maintain compliance with the January 29, 2009 deadline [Public Works] C MANAGEMENT REPORTS 1 Request by San Luis Obispo County Board of Supervisors (SLOBOS) for Consent to Create a San Luis Obispo Tourism Business Improvement District (SLOTBID) ■ Fiscal Impact: If the BID passes county-wide, the revenues raised will depend on the number of cities that choose to participate but are anticipated to be in the $1 million to $2 million per year range ■ Recommendation. Council adopt Draft Resolution, authorizing the San Luis Obispo Board of Supervisors to create the San Luis Obispo Tourism Business Improvement District, and granting the San Luis Obispo Board of Supervisors jurisdiction for all the purposes in connection with creation and operation of the proposed San Luis Obispo Tourism Business Improvement District, with input from the lodging businesses and participating cities [Community Services] 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 Beraud 1 City/ Schools Committee 2 County Mayors Round Table 3 Finance Committee 4 Integrated Waste Management Authority (IWMA) 4 Mayor Pro Tem Fonzi 1 Air Pollution Control District 2 Finance Committee Council Member Clay 1 City/ Schools Committee Council Member Kelley 1 Atascadero Youth Task Force Council Member O'MalleV 1 Economic Vitality Corporation, Board of Directors (EVC) 2. League of California Cities — Council Liaison and CITIPAC Board Member 3 SLO Council of Governments (SLOCOG) 4 SLO Regional Transit Authority (SLORTA) E. INDIVIDUAL DETERMINATION AND/ OR ACTION 1 City Council 2 City Clerk 3 City Treasurer 4 City Attorney 5 City Manager a. Commission Attendance Report F ADJOURNMENT 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, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the January 27, 2009 Regular Session of the Atascadero City Council was posted on January 20, 2009 at the Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location Signed this 20th day of January, 2009, at Atascadero, California. Nftw Victoria Randall, Deputy City Clerk City of Atascadero 5 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 unless there is a Community Redevelopment Agency meeting commencing at 6.00 p.m in which event the Council meeting will commence immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held at the City Hall Council Chambers, 6907 El Camino Real, Atascadero Matters are considered by the Council in the order of the printed Agenda. 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 6907 EI Camino Real Atascadero, and on our website, www.atascadero.org An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. 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 Council meetings are video taped and audio recorded, and may be reviewed by the public Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400) 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 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 to the lectern. If + you wish to speak for, against or comment in any way- 1 ay1 You must approach the lectern and be recognized by the Mayor 2. Give your name and address (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 7 No one may speak for a second time until everyone wishing to speak has had an opportunity to do so and no one may speak more than twice on any item 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 brought to the meeting on a USB drive or CD is preferred. Access to hook up your laptop to the City's projector can also be provided. 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 before the meeting begins to announce your presence and turn in the printed copy The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council 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 • Please approach the lectern and be recognized • Give your name and address (not required) • State the nature of your business 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) 6 ITEM NUMBER A- 1 DATE. 01/27/09 X ■' ■ ion is e O Atascadero City Council Staff Report - Public Works Department Alvord Field Concession and Restroom Project Award RECOMMENDATIONS- Council 1 Authorize the City Manager to execute a contract with Nick E Pokrajac, Inc in the amount of $146,694 00 for the Construction of the Alvord Field Concession and Restroom building, and, 2. Authorize the Director of Administrative Services to move $ 42,600 of Redevelopment Agency Funds from the Lake Park Frontage Improvement ,. project the Alvord Field Concession and Restroom Building Project; and, 3 Authorize the City Engineer to file a Notice of Completion when the project is complete DISCUSSION Background. Through architectural and design inspections, Public Works staff has identified the layout for the replacement and redesign of the Alvord Field concession stand and restroom building This project is being completed in cooperation with the Atascadero Babe Ruth Association Atascadero Babe Ruth Baseball has funded and completed the demolition of the old concession stand and grading and installation of the foundation for the new facility Analysis. Due to the age and compliance issues of the existing facility and the desire of the Atascadero Babe Ruth Association to operate a fully functioning concession facility, it is necessary to upgrade the facility to accommodate ADA compliant restrooms and to construct a concessionary facility that meets current health department codes and regulations The project was advertised for formal bidding process on December 17, 2008 and eight (8) bids were received on January 12, 2009 Bids were reviewed for accuracy and compliance with City of Atascadero Procurement Policy and Nick E. Pokrajac, Inc , was 7 found to be the successful low-bidder with an apparent low base-bid of $ 92,615 This project was bid with several Add-Alternates to allow for the award of additional portions of the project as funding allows Following is a list of the Add Alternates selected for this project # ITEM COST Base bid (Shell) $ 92,615 1 Exterior treatment to match Park design guidelines $ 12,344 2. Interior electrical, plumbing and mechanical $ 11,468 3 Interior finish, (drywall, paint, doors, etc ) $ 10,141 4 Interior Cabinetry (removed as an alternate) $ 0 5 Appliances and furniture $ 7,101 6 Exterior ADA Accessibility routes $ 20,126 Staff is recommending that all of the Add Alternates except #4 and #5 be included in the contract and that $ 42,600 of the $ 235,000 funding previously allocated to the Lake Park Sign and Frontage project be transferred to the Alvord Field Concession and Restroom Building Project. Adequate funds will remain in the Lake Park Sign and Frontage project to complete the desired project. EXPENDITURES PS & E $ 18,000 Construction Contract- $ 146,694 Fire Sprinkler System bid separately) $ 12,000 10% Contingency $ 15,900 TOTAL ESTIMATED EXPENDITURE $ 192,594 FUNDING Alvord Concessions Replacement project $150,000 Transfer of Lake Park Frontage project funds- $ 42,600 TOTAL PROJECT FUNDING $ 192,600 FISCAL IMPACT Approval of this contract will result in the expenditure of $ 146,694 in previously allocated funds ATTACHMENTS Attachment #1- Bid Summary Attachment #2- Bid Sheet with Add Alternates 4110 8 Attachment 1 u a N 0�0 r- O OM C1 kn r- N O1 O E"y 69 64 66s CDs N 66 6N9 69 69 O V � V N P.0 'C Vl O 00 M M w cl M 64 69 69 69 64 69rs C.Os u O a H 11WD O C u u .u, N 4 O U U N 64 y U ti o u q v a> _ rp Cd ae�td N U O H 00 z z v Q w v x AU **owl O O W O �-+ N Mi 110 r---1 00 9 1 Attachment 2 NW *WV l CITY OF ATASCADERO ALVORD FIELD SNACK BAR & RESTROOMS PROJECT lBID NO 2009-001 ITEM PAYMENT APPROX. TOTAL ITEM DESCRIPTION UNIT NO REFERENCE QTY ITEM PRICE 1 Contractor to provide all labor and materials to complete shell construction,framing,exterior doors,exterior counters,rough and l finish exterior electrical and plumbing and roofing.Contractor shall 1 Is 1 provide all labor and materials necessary to complete restrooms j including interior finishes,finish plumbing and electric,wall and 1 floor finishes per plans and specifications. ADD ALTERNATE#1 —I Contractor to provide all labor and material to install Culture Stone Veneer River Rock or Stream Stone to match existing park facilities,including all flashing and mortar beds per plans and 1 Is ���2 Ll 41 �?-+ specifications. ADD ALTERNATE#2 Contractor to provide all interior finishes,all rough and finish 1 Is -14- electrical, Lelectrical,plumbing,mechanical including fixture top out. I ADD ALTERNATE#3 Contractor to provide all sheet rock,tape and texture and paint o 0 finishes,door frames,doors,and additional wall finishes as called 1 Is for in plans and specifications. ADD ALTERNATE#4 1 Contractor to provide all labor and material to purchase and install 1 Is !� !I cabinetry as called out in plans and specifications. 1 ADD ALTERNATE#5 Contractor to provide all labor and material to purchase and install complete kitchen package including appliances,tables and other 1 Is %, equipment as called for In the plans and specifications. ADD ALTERNATE#6 I Contractor to provide all labor material and equipment to install 1 Is i all proposed facilities shown on.See sheets T2,AO and Al r. NOTE: I Site grading,foundation,rough plumbing(under slab)and landscaping are to be installed by others I i TOTAL BID PRICE.,$ Is=Lump Sum sf=Square Feet ea=Each If=Linea[Feet to=Ton "NOTE. in case of error in extension of price into the total price column,the unit price will govem. 10 ITEM NUMBER: A-2 DATE. 01/27/09 s 1 e SRO Atasc dero Cit Council Staff Report- Pub rd-Works-Department Acceptance of New Fare Media on Fixed Route Transit Service RECOMMENDATION- Council approve the acceptance of day and monthly passes on the local fixed route service DISCUSSION Fixed route transit service in San Luis Obispo County is provided by the cities of Atascadero, Paso Robles, San Luis Obispo and the Regional Transit Authority serving the unincorporated areas and 5 cities area. Currently each transit system utilizes fare media unique to their service and accepts transfers from the regional system. To improve service quality and efficiency, the San Luis Obispo Council of Governments (SLOCOG), initiated a Region Wide Fare Improvement Study to evaluate current fare practices and policies Towards the established goal of creating a simplified and consistent fare system, a daily and monthly pass that will be accepted on all fixed route systems has been recommended If approved, the new passes will be accepted beginning February 1, 2009 In a parallel action, the City of Paso Robles has established a daily and monthly pass for their fixed route system, the Paso Robles Express, and are requesting acceptance of those passes on the North County Shuttle The North County Shuttle is jointly operated by the cities of Atascadero and Paso Robles. FISCAL IMPACT In the case of the regional passes, a revenue sharing formula based upon the individual cost per rider for each agency has been established Quarterly reconciliation will be provided by the Regional Transit Authority Minimal fiscal impact is anticipated Fare distribution on the North County Shuttle will be structured to provide equity between pass sales and service provided Minimal fiscal impact is anticipated, revenue per rider will be monitored on a monthly basis to ensure no loss of revenue 11 ITEM NUMBER. B-1 DATE. 01127/09 r n n : r r .. j r r : '' r Atascadero City Council Staff Report - Community Development Department Del Rio Road Specific Plan and EIR Wal-Mart / The Annex EIR Request of Proposal Process Wal-Mart Project Description Review Specific Plan Boundary Adoption - Public Review Process RECOMMENDATIONS Council 1 Direct staff to issue requests for proposals (RFP's) for an Environmental Impact Report (EIR) per the City's purchasing policy for the Del Rio Road Specific Plan area, and, 2 Adopt Draft Resolution A approving a study area boundary for the Del Rio Road Specific Plan DISCUSSION Background. Project Applications The City of Atascadero has received two separate General Plan Amendment applications for the following • A Wal-Mart Supercenter consisting of a commercial-retail store with grocery sales of approximately 142,811± square feet with a 3,696± square-foot outdoor garden area for a total building area with outdoor garden center of 146,507± square feet. The General Plan Amendment requests the re-designation of 10 03± acres of MDR, (Medium Density Residential) to GC (General Commercial) to create a total site of 21 6± acres of GC (General Commercial). • The proposed Annex project application is for 114,574± square feet of commercial buildings located north of the Del Rio Road / El Camino Real 13 intersection on the east and west side of EI Camino Real The General Plan Amendment requests the re-designation of 3 11± acres of SFR-X and CPK (Single-Family Residential—X and Commercial Park) to GC (General Commercial) to create a total site of 13 03± acres of GC (General Commercial). On March 11, 2008, the City Council directed staff to initiate the process of amending the General Plan and analyzing the projects In that direction, the Council also directed staff to (refer to Attachment 1 and 2) • define a comprehensive project area boundary • prepare a Specific Plan • prepare an EIR to analyze the impacts of the proposed project • conduct a public participation process Summary The Specific Plan The adoption of a Specific Plan is necessary in order to develop and implement a master plan to regulate development within the overall project area. The Specific Plan, would become the regulatory framework that implements the General Plan and its policies/programs, as well as establish the standards by which development shall occur within the Wal-Mart and Annex project sites Specifically, it would incorporate precise design standards and guidelines that could provide site-specific requirements as well as providing flexibility from the City's existing zoning code requirements, public works standards, and other regulations. Most importantly, the Specific Plan would also provide policies for the installation and financing of infrastructure throughout the project area The Specific Plan process has been used in Atascadero on the Woodridge (now Las Lomas) project and a specific plan will be prepared for the Eagle Ranch annexation project. The Atascadero General Plan identifies specific plans as the preferred way to implement large planning projects in Atascadero General Plan policy requires specific plans for all projects involving more than 100 residential dwelling units An easy way to understand a specific plan is that it is similar to a Planned Development Overlay (PD) PD's however, are limited to use on parcels under a single ownership and cannot regulate off site infrastructure and financing requirements Specific plans were created in State law to deal with the master planning of larger planning areas with multiple property owners and complex infrastructure and financing requirements A specific plan creates a bridge between the broad policies of the General Plan and the specific regulations of the zoning ordinance while providing flexibility within the existing zoning codes and creating site-specific standards and requirements. The Specific Plan will be prepared and funded by the applicant's project team and will be reviewed by City staff 14 Environmental Review/ CEQA *rrr Due to the size and scope of the proposed commercial projects and General Plan Amendments, an Environmental Impact Report (EIR) will be required in conformance with the California Environmental Quality Act (CEQA) The EIR would be processed simultaneously with the Specific Plan and would provide an analysis of not only the build-out of the planning area, including the proposed applications, but a range of project alternatives. The range of alternatives will be developed by the Specific Plan consultant through the public input process and will be approved by the City Council The EIR would also include a "no project" alternative which would allow the Council to compare the impacts of approving the proposed project with the positive and negative impacts of developing under the existing zoning Due to the comprehensive scope of the EIR, experienced and qualified professional consultants will be required who will be under contract and managed by the City The cost of preparing the EIR will be funded by the applicants. Analysis. Request for Proposal Process The City's Purchasing Policy provides a process for the hiring of professional services consultants (refer to Attachment 6) Staff will be following the Purchasing Policy to select consultants for the EIR. The first step in the process is the issuance of a Request for Proposal (RFP) to qualified consultants requesting a proposal to perform a .r professional service for the City The draft RFP (Attachment 4) describes the scope of work, expectations, and performance requirements for the process Both Wal-Mart and the Annex project will be responsible for the joint funding of the EIR. Staff has requested the applicants submit deposits to cover the upfront costs of initiating the consultant selection process per the City's fee schedule Wal-Mart Project Description Options Wal-Mart's project description consists of commercial-retail store with grocery sales of approximately 142,811± square feet with a 3,696± square-foot outdoor garden area for a total building area with outdoor garden center of 146,507± square feet. This project description was authorized for a General Plan Amendment on March 11, 2008 by the City Council (refer to Attachment 1) At the January 13, 2009 City Council meeting, the Council directed staff to agendize the following potential changes to the Wal-Mart site for Council review and discussion 1 Add two restaurant pads to the front of the Wal-Mart project without reducing the square footage of the main building, consistent with the submittal included in the October 29, 2007, staff report to City Council, 2 Move the Garden Center outside of the main building, 3 Add a drive-thru pharmacy to the main building. 15 According to Wal-Mart's October 2007 application, the two pads could accommodate an additional 16,500± square feet of retail development. These pads, plus the proposed Wal-Mart building would have an anticipated total size of 163,000± square feet. A General Plan text amendment would be necessary to amend Table II-5 of the General Plan to allow the additional square footage If the City Council chooses to add any additional optional elements to the Wal-Mart project description, then Attachment 1 should be amended to include those items and the text amendment if applicable Specific Plan / EIR Process Specific Plan Process EIR 'Process IV V II� Comimuhit Particj,pation R u Pp �R "— Timelines for the 'Pre" :`. crn & EIR process will be K developed by the ° consultants and included in the Spec cV,JAn 'aCies.: n°d lira I 1 t i1 contracts. aes glV' tom:t4s Public Review and Tubli0eyiew,and Comment � etit R v' AHgO;rinigD,raf b SPecif1-t: Planning • It Councilflearing • 16 Preliminary Project Boundary Specific Plan Boundary In order to describe the scope of the EIR for the RFP, staff is proposing a project boundary for the Specific Plan (refer to next page) The Specific Plan boundary will be defined by the parcels controlled by Wal-Mart and the Rottman Group (The Annex) and the adjoining rights-of-way This area would be controlled by the specific plan, subject to General Plan and zoning changes, and analyzed by the EIR. New Master Plan of Development Areas Adjacent to the Specific Plan area are 10 parcels (11 9 acres) that are either vacant or underutilized according to the current zoning designations Staff is proposing that these 10 parcels be re-designated under the General Plan to require a Master Plan of Development (MPD) prior to any new development. The General Plan currently identifies 12 sites in Atascadero that require a MPD (refer to exhibits on following pages) The MDP can be prepared as either a conditional use permit (CUP) or planned development (PD) The reason for requiring a MPD on the surrounding parcels would be to ensure that future development would be consistent with the Specific Plan and would incorporate any necessary mitigation measures from the EIR. Staff is especially concerned that shared driveway, reciprocal access easements, and shared parking will be necessary to mitigate the traffic impacts resulting from development of the entire area. Without the MPD requirement on the surrounding parcels, the City may not be *Mo' able to require these mitigation measures No General Plan or zoning changes would occur in these areas Staff is recommending the City Council adopt Draft Resolution A (Attachment 7) adopting a study area boundary for the specific plan and identifying new master plan of development areas First Assembly Church Parcels In addition, the City has received a letter from the Atascadero First Assembly Church requesting their five parcels (15 3 acres) on Del Rio Road be included in the Specific Plan (refer to Attachment 3) Currently the Church property is zoned Residential Suburban (RS) which would allow for a church to be built with a CUP It is staff's understanding that the church wants to be included in the Specific Plan process so the property can be re-designated to allow commercial development. Staff has the following concerns with this request and is not recommending this site be added to the Specific Plan / EIR process for the following reasons. • No application or conceptual plans for development of the site have been prepared. • The project applicants (Wal-Mart/ Rottman Group) are adamantly opposed to including additional sites in the Specific Plan. • Addition of the church site will create additional neighborhood impacts and issues. • The church or City may be obligated to pay for a portion of the specific plan/EIR. • Additional commercial development will create more traffic impacts on the Del Rio / US 101 interchange • The specific plan/ EIR process timeline will be extended 17 Specific Plan Boundary Is f, x 3 New Master Plan of by Development Overlay n Area (City Responsibility) First Assembly Parcels Specific Plan + Boundary +r�,►4 ' (applicant responsibility) ' rtes t�r.,, 4a +�+�+►9 4+P+► * �, - � s '1 New Master Plan of Development Overlay Area (City Responsibility) Ax . 18 i11IN 1i1► U Mg ME 'ago, New Master Plan of ..rl.Gl►ia��`Qai� .�rs r♦�I'G•`M�.aa�+�►ari ��s �$'i�,� ee.a ..��i�1�.` t�r��a► ♦�..�aYnr�ii� � �5a., 0 1�p '"i s a 1 e +' • , ��1- AreasDevelopment Overlay lot pxx ♦ ! r r •� `m � i� 1� �IIC��Ikt1"fill• r�� w-miQ& Rf ` _� I R'.�4' `a a"v1 4 e epi Z - Responsibility) ' fir+ �I`������1 �� �® �� ►♦�1�1I,�. �°. A IN ♦nwgmtI���`T��yI✓P�iMwi1���/iv �P b rr ♦A t � WN ��j�vt�i�'�.r���lf kr •t�1.wv` ` i`i r ���1w *rte"/i'i♦ ►i 1 /' _ ♦�I`�pf" +�t:.� ata".\1°tri+Issr♦Iae y /f�/ ��`/�t1 I,*•� N— srsr r �Irfutll rn+1r,. t �� '� I�e� J\gyp"rsrlw r/� `,�♦ f•� r, • �Me�` ♦ a� �i.� �waa\��•ev�d�►�• R ur w ��y , ``1 r��F`rI/1 ►eft• ♦,�AaU '.re > ,'�ir�i. ♦�.r ii�� 6 1 �0 i- l♦" .O vI� ♦i I •t r< �4�l��♦ �I �� 4•iaK�` wr r/ i °���•� r\,r:� a�tl qoi m f M '0 M. W-Og I`�V�4°1" '�• ` 1. / 1.. ♦ ►♦ •�r ant r I .. a �# Hill" S "` �i �jt�ter'f!%'!♦ �� ill" 4►b,��i0►""i .� r/�l��j,Y`�!.�°�'�``♦�t10a���i�roI/��r �r����l! r' .•..-�MA \:.�ls ♦1.• + j�/� P4rs a � fir..+��� o�Ot... ��`v1� \°i {sI�1►\H• 1 % � ��1 �t,..4r. � r\ y A� . i • �A 4r OR � . W� �WMRdw•wf �! iii a� 's i�rM� �!N-s aw ♦�� �� ��� �l�+C ♦ter #/1 �� v r��•�ar�ar+� (►l.-/w 0._,om S01111 C f �# s�� 'far..+ .�.►.t I 'Alma `01 ONN Al M UP a'67 Ski iii�j����r►��,��i�j���ut�vo r o/� *0•����pi w 1: fit# Public Participation Process Under the Council's General Plan Amendment policy, a community participation process is encouraged for General Plan Amendments When the Council initiated the amendment process for the Wal-Mart / Annex project, staff was directed to conduct a neighborhood meeting regarding the project and hold a joint Planning Commission / City Council meeting (refer to Attachment 1 and 2) The purpose of the neighborhood meeting is to allow community input on the proposed design and character of the project including the site plan and architecture Although the City Council has held a number of meetings concerning the Wal-Mart / Annex project, all of those meetings have being narrowly focused on the question of whether to process the project applications or not. This neighborhood meeting will be the responsibility of the applicants to facilitate The applicants can organize the meeting as they see fit as long as it allows an opportunity for public input. This process will be similar to the meeting that Eagle Ranch conducted in September 2008 The purpose of the joint Planning Commission / City Council meeting is to endorse a project site plan and architectural concept that will be used as the preferred project for the EIR and specific plan This will also be an opportunity for the Council to discuss project alternatives to be analyzed in the EIR and for the Council to ask for any final changes to the project. Once the preferred project is defined, the EIR consultant will begin the public scoping *NOW process to identify the environmental issues that will be addresses under the EIR. When the Draft Specific Plan and Draft EIR are completed they will be released simultaneously for public comment and review Following the review process, hearing drafts will be prepared for public hearings before the Planning Commission and City Council EIR Consultant Selection Committee Members The purchasing policy requires a selection committee be assembled to review the proposals that are received Staff is considering a five member selection committee representing a cross section of professionals who have a range of experience working on large projects and EIR's Selection Committee Members. • Warren Frace, Community Development Director • Brian Pierik, City Attorney • Public Works Director • San Luis Obispo County Senior Planning Staff Member • Local City Planning Director or Senior Staff The selection committee is setup to balance staff input with outside planning professionals and the City Attorney The selection committee will convene to review all of the proposals that were received and determine a "short list" of consultants to 21 interview Based on the interview process and proposals, the selection committee will choose an EIR consultant. This consultant will be recommended to the City Council for 1,001 the awarding of a contract. Conclusion. The Del Rio / EI Camino area represents the City's most promising area for a large scale commercial development. The specific plan and EIR process will allow the area to develop to its full potential while minimizing the potential for negative impacts on the community Areas not covered by the specific plan will have a master plan of development requirement added to ensure consistency with the specific plan and EIR. The EIR will be prepared by a consultant that is hired by the City at the expenses of the project applicant. FISCAL IMPACT The fiscal impact of the Specific Plan and EIR process on the City is expected to be minimal The City's cost recovery fees will require that planning staff time is covered for the preparation of Specific Plan and EIR. ALTERNATIVES The City Council may direct staff to modify the draft RFP's, the selection process, and/or the public participation process ATTACHMENTS 1 Attachment 1 3/11/08 Council Resolution to Process Wal-Mart GPA 2 Attachment 2 3/11/08 Council Resolution to Process Annex GPA 3 Attachment 3 April 21, 2008 Letter from First Assembly Church 4 Attachment 4 Draft Request for Proposal for EIR 5 Attachment 5 Draft Consultant Mailing List 6 Attachment 6 March 11, 2008 Council Resolution 7 Attachment 7 Draft Resolution A— Del Rio Specific Plan Boundary 22 ATTACHMENT I Resolution 2008-010 Wal-Mart Supercenter Authorizing Staff to Process General Plan Amendment RESOLUTION NO.2008-010 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO� CALIFORNIA AUTHORIZING STAFF TO PROCESS A GENERAL PLAN LAND USE DIAGRAM AND TEXT AMENDMENT GPA 2007-40201 PLN 2007-1245 INCLUDING APP: 049-11Z-002,0K 019, 022,036, 09,049-151-037,HO, 041. FOR THE WAL-MART SUPERCENTER Del Rio Road/El Camino Real (Wal-Mart Stores, Inc./EDA) WHEREAS, an application has been reCaived from FDA Design Pyofessjonals, 1998 Santa Barbara Street, San Luis Obispo, CA 93401 (Applicant) and Wal-Mart Stores Inc. 9001 S.E. I& Street,Bentonville, AR 7271.6-0550 (Property OwneT),tea considier a project consisting of a General Plan Land Use Diagram,and Text Amendment for a commercial-retail store with a building for grocery sales of approximatcly 142,811t: square feet and a 3,6966 sqLL=400t outdoor garden area,for a total building area with outdoor garden center of 146,507=square feet on a,21,0—+ acre project site located at the southeast corner of El Camino Real and Del Rib Road. (APN- 049-112-002,019,019,022,036., 039.049-151-037,040,041);and, WHEREAS the Atascadero City Council considered authorizing staff to pmccss the proposed application at a public mecti-rigon March 11, 2M consistent with the City's General Plan.Amendment Policy;and, NOW THEREFORE, the City Council of the City of Atascadera hereb4 rexalves to. authorize staff to process the requested General flan Land Use Diagram and Text Arnendrinimt for Wal-Mart Stoms, 1ne. (APN 049-1124)022, 018,01.9 022,036,039 049-1+51-037 040,041), and a General Plain Text Arricridmant to allow a commemial score of um aplinmirriate 146,607' square--Root building (with outdoor garden center)on the project site. The General Plan shall. be processed concurrently with 2 Specific Plan for the corrimcmial area surrounding Del Ric,Road and lel Carnina Real intersection. Community workshops and joint Planning Commission and City Council study sessions will be required. Staff will return to the City Council with a detailed project description and a dffined Specific Plan project area,subject to the following exhibits-, Exhibit A. Wal-Mart-Location gap,General Plan and Zoning .Exhibit 8, Wal-Mart, Existing Project Site Aerial Exhibit C: Wal-Mart Pruposod Conceptual Site Plan Exhibit D- Wal-Mat-Pmposad Conceptual Elevations Exirrlast E. Wal-Mart-Fim.r Plans Exhibit F Wal-Mart-Grading Plan Exhibit G- Wal-M-art-Cross Sections *AW Exhibit H, 'tidal-Mart-Uti lity Plan 23 City of Atescadero Resolution No.2008-010 Page 2 of 10 On.motion by Council Member O'Malley,and seconded by Council Member Clay the foregoing resolution is hereby adopted in its entirety by the following roll call vow. AYES Council Members Clay Luna,O'Malley and Mayor Brennler NOES Council Member B6raud ABSTAIN None ABSENT None ADOVTED� March 11, 2008 Y A LSSCADERO CA m4rennier Mayor ATTEST Marcia McClure Torge.,son, C.M.C,,bClerk APPROVE AS TO FORM. Brian Pierik,City Attorney 24 EXHIBIT A: Location Map,General Plan &Zoning-Wal-Mart Supercenter `err' r Project Areaq;-` Del. Rio 21 0f Acres ' sy "� Road .. � 9 4 MDR GC 10.3f Acres r 1071 s° EI Camino Real f `%vow 25 EXHIBIT B: Project Site Aerial-Wal-Mart Supercenter � �r .y . . y. z. a�y . . , > . . . . . . \�^ « k � 26 EXHIBIT C: Proposed Conceptual Site Pian-Wal-Mart Supercenter ;ANNEX R; c3 � ;9 ON OAKS 0 d t \ A a y10-! C M 27 EXHIBIT D: Proposed Conceptual Elevations-Wal-Mart Supercenter Y � n E«. # s r ate` 28 EXHIBIT E: Proposed Floor Plan-Wal-Mart Supercenter vftw a VOW 29 Supe plan vwd Srt EXHIBIT p; Iropo yi ff 14 ez EXHIBIT Proposed Cross Secti_s-wamartSupercenter *Awl f f � f ` \ { , . < / . a < ! � w j \ . } � 7 } $ ) ( ( � \ \ � �( � B } ( � { \ { b { � } � \ ! � � \ � \ � *NOW w � / § 31 EXHIBIT H: Proposed Utility Plan-Wal-Mart Supercenter r� fJf1 r a m A d. oa � t 5 J,�,•+�' N�tdHR t�vvar a t t s •r/"��` _ PRAP:9E05TRtY.i3iiflE F� �,.nL f.- g RRiWYI.�II'ddRVGTu'�Nlth'f 0! :% var" paGoMcDuraua g ��k� .. /� .«.......BC:...................•. LTFMJt tiRNN UNC selr.Ec tsar. '..Y,ss 4Yr"A.IIY 6A7EWNEti y # ,�' T*"i.. � ShYY�rSFYi:7i IY+IWK1lt G � 32 ATTACHMENT 2: Resolution 2008-011 The Annex Shopping Center Authorizing Staff to Process General Plan Amendment-The Annex Shopping Center RESOLUTION NO.2008-011 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING STAFF TO PROCESS A GENERAL PLAN LAND USE DIAGRAM AMENDMENT GPA 2007-0021 (PLN 2007-1246)ON APN: 049-102-020,031, 0329 045,OU,050,0566 AND 049-131.070 FOR THE ANNEX SHOPPING CENTER Det Rio Road/El Camino*Real (The Rott=n Group/EDA) WHEREAS, an application has been received from EDA Design Professionals, 1.998 Santa Barbara Street, San Luis Obispo, CA 93401 (Applicant), and The Rottman Group, 1065 Higuera Street, San Luis Obispo,CA 93401. (Property Owner),to consider a project consisting of a General Plan Land Use Diagram Amendment for a commercial development project located at the northeast corner of El Camino Real and Del Rio Road. (APN: 049-102-020,031, 03 2, 045, 048,050,056, and 049-131-070),and, WHEREAS the Atascadero City Council considered authorizing staff to process the proposed application at a public meeting on March 11, 2008 consistent with the City's General Plan Amendment Policy- and, NOW THEREFORE the City Council of the City of Atascadero, hereby resolves to authorize staff to process the requested General Plan Land Use Diagram Amendment, for The Annex Shopping Center development project, (APN 049-102-020,031,032,045,048,050 056, and 049-131-070) and a General Plan Text Amendment to allow eight retail buildings, totaling approximately 115,0001 square feet, on the project site. The Central Plan shall be processed concurrently with a Specific Plan for the commercial area surrounding Del Rio and El Camino Real intersection. Community workshops and joint Planning Commission and City Council study sessions will be required. Staff will return to the City Council with a detailed project description and a defined Specific Plan project area,subject to the following exhibits. Exhibit A. The Annex -Location Map,General Plan and Zoning Exhibit B: The Annex -Existing Project Site Aerial Exhibit C, The Annex -Proposed Conceptual Site Plan Exhibit D- The Annex -Proposed Conceptual and Elevations Iow 33 City aFf Atascrrdero Resolution No.200"11 Rage 2 of 6 On motion by Council Member O'Malley and seconded by Council Member Clay the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES. Council Members Clay Luna,O'Malley and Mayor Brennler• N0E-5 Council Member Bdraud ARSTAINr Pone ABSENT None ADOPTED- March 11,2008 �Y AT CADERD CA e Brennler Mayor ATTES'T Marcia MCC.1UTC Torgerscan, C.M,C,OtyClerk APPROVED AS TO FORM. f:2� z 2 Brim Pierik, City Attorney 34 T o �' � r €�^ s X, ti t v? "•,gam. �� �- +� � ,� ♦� � d �a o c � c � d 7 � t \ r t ri r � F r. R' b 4 � a i NNW .40 aw ion 1 ti £ C 3 ✓4 Vi 2 421m, i0ossuvI EXHIBIT C: Proposed Conceptual Site Plan-The Annex Shopping Center f to %bob f )t f r 3 4 • i NOTA / � 4 �z GASS' NO7APARP � < 4ARCEL 2 37 EXHIBIT D: Proposed Conceptual Elevations-The Annex Shopping Center OU i; kgs? YL C7. � ZY P Q � w 0 d ' uu a a z Joe w Q d 0 sir w z UO 38 Attachment 3: April 21,2008 Letter from First Assembly Church **awl NkWarren Fnace Community Development Director City ofAbaooadmno ��� ^�^�^SCADER0 April 21 2008 Building pwnpwFor God Dear Mr Fnace It is my understanding that the City of Atmeoadoro will soon be conducting a Specific Plan Area Study at the North and of El Camino Real both adjacent hoand across from the Outlet Center Aothe owner of1G75acres directly across the freeway(along Del Rio Road and bounded byhighway 101 and San Ramon Romd)` wewould like tobeincluded inthat study ec^mn""m"^ Senior Pastor }ti� oUrd�a)neand tmndomtodevelop our prapahfuture, Assodate Pastor^"mua"o" � VVohope to construct new Church facilities somewhere on the fifteen Jeff Wn»m acres and a\|mm the remaining property to be used for the building of , ��� » housing Oreneighborhood commercial center Kirklay*eterson cmfdran�sDirector We are unaware at this time of how best to involve ourselves in this pnooaoa. However we look forward toworking with the City in any capacity vw*can tngain abig picture view ofhow our property and the entire area may bnbest developed. Please contact uaatyour convenience and let usknow how wmmight join with you for the benefit ofour community very sincel 5545 Amm ^�n� ) ~~ Rick Comstock mas^atio�CAmwo Pastor p^one.805-46r�262a Fax:805-486-5235 AteocadepoFirst Assembly rh"rch@m�aderofirst.com wwwatammdetmrstoom 39 Attachment 4: Draft Request for Proposal for EIR Request for Proposal for the Preparation of an Environmental Impact Report for the Dei Rio Road Area Specific Plan City of Atascadero, California Proposals Requested by City of Atascadero Community Development Department 6907 EI Camino Real Atascadero, CA 93422 Phone (805) 461-5000 Fax (805) 461-7612 Dated Pre-Submittal Meeting Proposals due 40 I. INTRODUCTION The City of Atascadero (hennafter, City) will be hiring a qualified EIR Consultant to prepare an Environmental Impact Report for the Del Rio Road Area Specific Plan located in the City of Atascadero, California. The ETR Consultant (hermafter, EIR Consultant) shall prepare the Environmental Impact Report in accordance with applicable State Guidelines and the California Environmental Quality Act. The Request for Proposal below summarizes the Project and the environmental and entitlement analysis expected for the Project as well as the time, location and format for submission of Proposals in accordance with this Request for Proposal. The preparation and format of the Environmental Impact Report shall be directed by the City The Del Rio Road Area Specific Plan will be managed by the City in consultation with a separate professional planning consultant simultaneously with the Environmental Impact Report. Preparation of the Environmental Impact Report will require close coordination with the City and the specific plan consultant so that a legally defensible and timely Environmental Impact Report can be prepared in accordance with the schedule to be submitted with this Proposal. A. Project Background The Del Rio Road Area Specific Plan is the combination of the City's desire to plan fir►' for development within a defined commercial and residential area located around the Del Rio Road/U S Highway 101 intersection. Within this location, the City has received two coordinated commercial development applications, identified as the Wal-Mart Supercenter/Annex Shopping Center On October 23, 2007, the City Council directed staff not to process the combined Wal-Mart Supercenter/Annex Shopping Center project with a 4-1 vote. At issue was the current General Plan land use designation for the Wal-Mart site which identifies the site as not exceeding 150,000 square feet of commercial development. The Wal-Mart Supercenter site was proposed as an 184,195 square foot commercial building, plus a 10,563 square foot outdoor garden center for a total of 194,758 square feet on 26.5 acres The site also included two commercial-retail building pads along El Camino Real totaling 16,500 square feet. On January 25, 2008, staff received the current application with revisions to the Wal- Mart Supercenter site. This revised application represents a reduced site of 21± acres, with a reduced building of approximately 142,811± square feet and a 3,696± square-foot outdoor garden area, for a total building area with outdoor garden center of 146,507± square feet. The proposed Annex project application is for 114,574± square feet of commercial buildings located north of the Del Rio Road/El Camino Real intersection on the east and west side of El Camino Real. City Council policy requires that the Council authorize staff to process all General Plan Amendment applications The Council's policy also requires all General 41 Plan Amendments to be reviewed and processed in a manner to facilitate citizen participation. On March 11, 2008, the Council outlined an approach for Council action consistent with General Plan Amendment policy Under this approach, the Council received the initial staff report, hearing public testimony on the proposed applications, and then directed staff to process the project applications as follows 1 Process the combined Wal-Mart Supercenter/Annex Shopping Center project and return to the City Council for a Specific Plan project boundary approval. 2. Conduct community meeting(s)to solicit public concerns and discuss issues related to the project attempting to resolve as many issues as possible. 3 Conduct anoint City Council/Planning Commission study session to include general plan and environmental analysis early in the project review process Incorporate comments from the Planning Commission and the public into the project to the extent possible. 4 Complete the EIR documentation and public review process with review by City staff B. Project Description and Location As mentioned above, the Del Rio Road Area Specific Plan is the combination of the City's desire to plan for development within the a defined commercial and residential area centered around the Del Rio Road/U S Highway 101 intersection. Within this location, the City has received two coordinated commercial development applications, identified as the Wal-Mart Supercenter/Annex Shopping Center, further defined below and in attached Exhibits 7 - 17 In addition, the Specific Plan area includes a study area that encompasses properties surrounding the Wal-Mart Supercenter/Annex Shopping Center and areas west of U S Highway 101, as defined in attached Exhibits 1 - 3 The purpose of the study area is to identify the distribution, location, and extent of commercial and residential land use The Wal-Mart Supercenter project consists of a request for a General Plan Land Use Diagram Amendment from SE, MDR, and HDR (Suburban Estates, Medium and High Density Residential) to GC (General Commercial) of a 21 0± acre site. Wal-Mart's application proposes a commercial-retail/grocery store of approximately 142,811±square feet and a 3,696± square-foot outdoor garden area for a total building area with outdoor garden center of 146,507± square feet. Preliminary site plans indicate the entire site would be terraced to create a 650± space parking lot with one driveway on El Camino Real and two driveways on Del Rio Road. The Annex Shopping Center project consist of a request for a General Plan Land Use Diagram Amendment of approximately 1.38± acres of SFR-X (Single-Family Residential-X) and approximately 1 73± acres of CPK (Commercial Park) to GC (General Commercial) The Annex application would allow 114,574± square feet of commercial buildings on separate parcels totaling 13 03±acres of land. *00 42 The Del Rio Area Specific Plan will be managed by the City in consultation with a separate professional planning consultant simultaneously with the Environmental Impact Report. Adoption of a Specific Plan is the preferred approach for implementing a master plan to regulate development within the overall project area. The Specific Plan will become the regulatory document that implements the General Plan and its policies/programs, as well as establish the standards by which development shall occur within the plan area. The Specific Plan will incorporate precise design standards and guidelines that will supersede the City's existing zoning code, public works standards, and other regulations. The Specific Plan will also provide policies for the installation and financing of infrastructure throughout the project area. The proposed project site requires the following entitlements ■ Environmental Impact Report; ■ General Plan Land Use Diagram Amendment; ■ Specific Plan, ■ Tentative Tract Map, ■ Lot Merger; ■ Conditional Use Permit (Master Plan of Development for Wal-Mart and the Annex sites), and ■ Possible other agency approvals that may be necessary pursuant to applicable laws and regulations C. Environmental Analysis An Environmental Impact Report (EIR) will be processed simultaneously with the Specific Plan and will contain project-specific analysis on the proposed Wal-Mart Supercenter and the Annex Shopping Center applications as well as the remaining specific plan area. Project alternatives will be prepared by the Specific Plan consultant and will contain both land use and development policy alternatives. The EIR consultant will consult with City staff and the Specific Plan Consultant during the preparation of comprehensive analysis for the project and each alternative. The EIR Consultant will provide guidance on selecting a reasonable range of project alternatives The EIR will also include a "no project" alternative which will allow the City Council to compare the impacts of approving the proposed project, an alternative project with the impacts of not approving the proposed project or any project alternatives The overall area within the Del Rio Road Area Specific Plan will require programmatic environmental analysis as these areas will require potential land use designation scenario analysis without site-specific design details or definition. The Wal-Mart Supercenter application and the Annex Shopping Center application will each require project-specific environmental analysis To date, staff has identified the main issues identified at previous public hearings for the Wal-Mart Supercenter/Annex Shopping Center proposal, although other concerns or issue may arise through the public participation and scoping process as follows 'mow Light and Glare—Site and Street lighting; 43 ■ Wayfindmg and Signage, ■ Aesthetics, Community Character, and Area Design, ■ Landscaping—Caltrans and Public Streets, 1100 ■ Native Tree Impact Analysis, ■ Geo-Hazard and Soils ■ Visual Analysis, Biological Impacts, ■ Traffic and Transportation Infrastructure Requirements, ■ Grading Impacts, ■ Cultural Resource Determinations - Historical and Archaeological, ■ Air Quality Impacts — Including Greenhouse Gas Analysis Climate Change and Relationship to the U S Mayor's Climate Protection Agreement; ■ Water Quality and Storm Drainage Requirements ■ Economic Impact/Urban Decay Analysis, ■ Municipal Services/Finance Required, ■ Energy Efficiency & Low Impact Development Potential, ■ Commercial and Residential Buffering; ■ Project Alternatives, ■ Cumulative Impacts, ■ Utilities, and ■ Watershed/Storm Water quality and drainage. The City has a consulting arborist and a consulting biologist on staff to provide peer review and possible oversight of native tree preservation, landscaping, and any biological resource issues The City has retained W-Trans, Inc to complete an in-depth analysis of each of the U S Highway 101 interchanges within the City of Atascadero This study was completed in early 2008 The City prefers that W-Trans be retained by the EIR consultant in evaluating all transportation and circulation issues for this project, including coordination with the design development of citywide interchange design concepts In addition, the City is currently in the process of producing a broader city-wide economic analysis as an update to the City's economic development strategy with the firm Applied Development Economics The economic development strategy analysis is not meant to substitute for analysis required by this EIR, however, the City will facilitate any required coordination efforts between the economic consultant and EIR consultant. Please do not contact Applied Development Economics in preparation of this Proposal. The EIR Consultant will not be required to coordinate with the Economic Consultant through the EIR process Consultant contact information is listed as follows Steve Weinberger W-Trans (Preferred Transportation/Circulation Sub-Consultant) 490 Mendocino Avenue, Suite 201 Santa Rosa, CA 95401 (707) 542-9500 sweinberger@w-trans.com 44 D Scoping and Public Participation The City anticipates a robust public participation process. The City anticipates EIR consultant participation in the following public meetings 1 Community Outreach. A minimum of one neighborhood meeting will be held to soliciting input on the project. Specific Plan Consultant to take the lead with City Staff 2 Joint City Council/Planning Commission. Approve preferred project parameters/definition. Specific Plan consultant will take the lead with City Staff The EIR consultant will be present. 3 Optional Joint City Council/Planning Commission. Only needed if additional preferred alternative(s) are requested by the City Council. Specific Plan consultant will take the lead with City Staff The EIR consultant will be present. 4 EIR Scoping- One (1) location. EIR consultant will take the lead with City Staff Specific Plan consultant will be present. 5 Draft EIR/Draft Specific Plan Comments Open House One (1) location. EIR consultant will take the lead with City Staff Specific Plan consultant will be present. 6 Planning Commission. Review Final EIR (Draft EIR with Response to Comments) Specific Plan and EIR consultants will collaborate with City staff and be present 7 City Council. Proposed Certification of Final EIR. Specific Plan and EIR consultants will collaborate with City staff and be present E. Minimum EIR Consultant Requirements 1 Have no record of unsatisfactory performance. EIR Consultants who are or have been seriously deficient in current or recent contract performance, in the absence of circumstances properly beyond the reasonable control of the EIR Consultant, shall be presumed to be unable to meet this requirement. 2. Have no conflict of interest or past project history in direct representation of Wal-Mart or the Rottman Group, Inc. in the planning or environmental analysis of a Wal-Mart or a Wal-Mart-affiliated project. The City requests disclosure of any consultant work on Wal-Mart or Wal-Mart-affiliated projects and a summary of the project results 3 Demonstrate ability to maintain adequate files and records and meet statistical reporting requirements. 4 Demonstrate administrative and fiscal capability to provide and manage the proposed services and to ensure a complete audit trail. 45 5 Meet other presentation and participation requirements listed in this Request for Proposal (RFP) 6 Desired Qualifications. The EIR Consultant for the project described in Now this RFP shall have the demonstrated expertise and capability in preparing a legally defensible EIR that meets all City, Countv Regional, and State Environmental guidelines and procedures F Correspondence All correspondence, including proposals, shall be submitted to City of Atascadero Community Development Department Attn. Warren Frace, Director 6907 El Camino Real Atascadero, CA 93422 G Proposal Submittal Deadline All proposals must be received at the address listed above no later than 5.00 PM xxxxxxxxxxx, 2009 Electronically transmitted proposals will be accepted only if prior written arrangements and notification is made with the receiving individual. Postmarks will not be accepted in lieu of actual receipt. All proposals shall be in a sealed envelope clearly marked "REQUEST FOR PROPOSAL." Late or incomplete proposals will not be considered. II. PROPOSAL REVIEW TIMELINE A. Pre-Submittal Meeting B Deadline for Submittal C. Oral Interviews (Preliminary Date) D Notify EIR Consultants of Pending Selection E. Beginning Date for Contract Work III. PROGRAM DESCRIPTION/REQUIREMENTS A. Scope of Services The EIR Consultant shall prepare an Environmental Impact Report (EIR) for the Project under direction of the City and in accordance with the California Environmental Quality Act (CEQA) This will include the preparation of an Initial Study to determine what additional technical studies will need to be prepared for the Specific Plan and to establish the base analysis for the EIR. Project schedules shall be prepared and updated on a regular basis (every 60 days) with a regular monthly call that shall last approximately 1 46 hour to make sure that all deliverables and information needs are being obtained and met so to minimize project delays This scope should include the deliverables identified below B. Deliverables The deliverables shall be prepared in accordance with the agreed upon schedule as may be updated by mutual agreement of the EIR Consultant and the City 1 Twenty (20) copies of a working draft version of the Draft EIR for City staff to review 2 Twenty (20) copies of the preliminary (screen check) Draft EIR for City staff review 3 Seven (7) copies of the Appendices for the preliminary Draft ETR for City staff review 4 Fifty (50) copies and one (1)reproducible master of the Draft EIR and appendices for public review and 100 CD's in PDF format. 5 Ten (10) copies of the preliminary Final EIR for City staff review 6 Fifty (50) copies and one (1) reproducible master of the Final EIR and 100 CD's in PDF format. *W The EIR Consultant will be responsible for coordination of all electronic and mail noticing requirements in accordance with CEQA and communication with the City on all document reviews. The EIR Consultant shall coordinate and manage the preparation and distribution of the Notice or Preparation/Initial Study Draft EIR and Final EIR to all necessary agencies, participants, and the City The City will request that certain meeting notices be mailed to all addresses in the City We anticipate that the EIR Consultant will need additional communications and meetings with the City staff to confirm the scope of the studies. The Del Rio Area Specific Plan will be managed by the City in consultation with a separate professional planning consultant simultaneously with the Environmental Impact Report. C. Work Schedule EIR Consultant shall present a preliminary schedule for the Project as part of their proposal assuming an xxxxxxxxxx, 2009, kick-off meeting with the City The schedule should include a three week review period of all internal draft documents and 60 days for all City review 47 IV PROPOSAL CONDITIONS A. Contingencies This Request for Proposal (RFP) does not commit the City to award a contract. The City reserves the right to accept or refect any or all proposals, or waive minor irregularities, if the City determines it is in the best interest of the City to do so The City will notify all EIR Consultants, in writing, of selection and/or refection of proposals B. Acceptance or Rejection of Proposals Proposals shall remain open, valid and subject to acceptance anytime up to six months after the proposal submission/opening date and time. The City realizes that conditions other than cost are important and will award contract(s) based on the proposal(s) that best meet the needs of the City C. Modifications The City reserves the right to issue addenda or amendments to this RFP D Proposal Submittal To be considered, all proposals must be submitted in the manner set forth in the RFP It is the EIR Consultant's responsibility to ensure that its proposal arrives on or before the specified time. E. Incurred Costs This RFP does not commit the City to pay any costs incurred in the preparation of a proposal in response to this request. All costs incurred in developing a proposal are the sole responsibility of the EIR Consultant. F Negotiations The City may require the potential EIR Consultant(s) selected to participate in negotiations to submit price, technical, or other revisions of their proposals, as may result from negotiations. G Final Authority The final authority to award contracts rests with the City V PROPOSAL REQUIREMENTS A. General 1 All interested and qualified EIR Consultants are invited to submit a proposal for consideration. Submittal of a proposal indicates that the EIR Consultant has read and understands this entire RFP, to include all logo 48 appendices, attachments, exhibits, schedules, addenda (as applicable), and all concerns regarding this RFP have been satisfied. �wrr 2 Proposals must be submitted in the format described below Proposals shall be prepared in such a way as to provide a straightforward, concise description of capabilities to satisfy the requirements of this RFP Emphasis should be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. 3 Proposals must be complete in all respects as required in this section. At the City's discretion, a proposal may not be considered if it is conditional or incomplete 4 Proposals must be received at the designated location no later than the date and time as specified in this RFP 5 In developing the proposal the EIR Consultant should carefully review this Proposal to take into consideration the rights, obligations, and costs associated therewith. Any revision to the RFP which the EIR Consultant desires must be specified in the proposal B. Proposal Presentation Seven (7) written proposals are required. An individual authorized to bind the EIR Consultant firm shall sign the original cover page of the proposal. The proposal shall contain a "not-to-exceed" total fee schedule. The fee proposal shall indicate the expected total fee for the work described in the EIR Consultant services proposal. The total fee shall also be itemized by task, including EIR Consultant staff time and hourly rates, and other direct costs such as printing and travel The fee schedule shall also be signed by an individual authorized to bind the EIR Consultant firm. 1 Statement of Certification - Include the following in this section of the proposal (a) A concise statement of the services proposed, clearly labeled "The Preparation of an Environment Impact Report for the Del Rio Area Specific Plan, City of Atascadero, California." (b) A statement that the EIR Consultant will provide the services as described in the proposal within the time frames outlined in the RFP (c) A statement that all aspects of the proposal, including cost, have been determined independently, without consultation with any other prospective EIR Consultant or competitor for the purpose of restricting completion. 49 (d) A statement that all declarations in the proposal and attachments are true and that this shall constitute a warranty, the falsity of which shall entitle the City to pursue any remedy by law wrrM (e) A statement that the EIR Consultant agrees that aspects of the RFP and the proposed submittal shall be binding if the proposal is selected and the contract awarded. (f) A statement that the EIR Consultant agrees to provide the City with any other information determined necessary for an accurate determination of the EIR Consultant's ability to perform services as proposed. (g) A statement that the prospective EIR Consultant, if selected, will comply with all applicable rules, laws and regulations 2 Proposal Description - A detailed description of the proposal being made, to include the following- (a) Brief synopsis of the EIR Consultant's understanding of the City s needs and how the ETR Consultant plans to meet these needs, (b) Narrative description of the proposed plan to achieve the program objectives and requirements, (c) Detailed plan of activities, (d) Milestones and deliverable charts, number of copies of draft and final documents, as applicable, (e) Proposed timeline, (f) Explanation of any assumptions and/or constraints, and (g) A description of all Wal-Mart required work and outcomes over the past ten years 3 Statement of Experience - Include the following in this section of the proposal (a) Business name, address, and phone/fax numbers of the prospective EIR Consultant and legal entity such as corporation, partnership, etc; (b) Number of years the prospective EIR Consultant has been in business under the present business name, as well as related prior business names, 50 (c) A statement that the prospective EIR Consultant has a demonstrated capacity to perform the required services, (d) List any applicable licenses or permits presently held and indicate ability to obtain the required services, (e) A statement that the EIR Consultant has an organization that is adequately staffed and trained to perform the required services or demonstrate the capability for recruiting such staff, and (f) A statement of qualifications for the proposed project highlighting the firm's specific experience in the preparation of documents focusing on environmental impact reports 4 Contracts completed during the last five years, involving similar project analysis (a) For each such contract show- (i) Date of completion and duration of each contract, (ii) Type of service, (iii) Total dollar amount contracted for and amount received, *MW (iv) Location of area served, and (v) Name, address, and phone/fax numbers of agency with which contracted and agency contact person administering the contract. If none, so state. (b) If any contract was terminated prior to the original termination date during the last five years, show for each contract. (i) Date of completion and duration of each contract; (ii) Type of service, (iii) Total dollar amount of contracted for and amount received, (iv) Location of areas served, (v) Name, address, and phone/fax numbers of agency with which contracted and agency contact person administrating the contract, and (vi) If none, so state. 51 (c) Contracts currently in effect - show the following for each contract: (i) Date due for completion and duration of contract, (ii) Type of service, (iii) Total contract amount, (iv) Name, address, and phone/fax or e-mail numbers of agency with which the organization is currently contracting and agency contact person administering the contract; and (v) If none, so state. (d) References Provide a minimum of five (5) professional references for similar contracts, either in progress or completed by the EIR Consultant, within the past three (3) years Please provide the name, address, and telephone number for each of these references and a brief description of the contract(s) for which the EIR Consultant provided services. (e) Describe controlling interests held in any other firms providing equivalent or similar services. If none, so state. (f) Describe financial interest in other lines of business If none, so state. (g) Describe any pending litigation involving prospective ETR Consultant or any officers, employees, and/or EIR Consultants thereof, in connection with contracts If none, so state. (h) Describe any convictions or adverse court rulings involving fraud and/or related acts of all officers, EIR Consultants, and employees If none, so state. (1) A statement that the EIR Consultant does not have any commitments or potential commitments which may impact on the EIR Consultant's ability to perform the contract services �) Statement that the EIR Consultant does not have any financial conflicts of interest with either Wal-Mart, Inc. or the Rottman Group, Inc. 5 Key Personnel and Sub-Contracted EIR Consultant Information (a) If an EIR Consultant plans to subcontract any portion of the service delivery described in the RFP, the EIR Consultant must include a written justification for subcontracting. Attach a lqww 52 statement from each subcontracted EIR Consultant, signed by a duly authorized officer, employee, or agent of the subcontracted irwr organization/firm that includes the name and address of that organization/firm, type of work to be performed and percentage of the total work of the proposal. The statement must also affirm that the sub-contracted EIR Consultant will perform all work indicated and will comply with all items as indicated above. This information will be used to determine the potential responsibility of the EIR Consultant. (b) Describe the experience, qualifications, and other vital information, including relevant experience on previous similar projects, of all key individuals who may be assigned to a Client transaction. Key personnel include partners, managers, associates and other professional staff that will perform work and/or services in this project. This information shall include functions to be performed by the key individuals. Failure to provide this information may deem the response to the Request for Proposal for qualifications non-responsive. 6 Insurance The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of Now the work hereunder by the Consultant, its agents, representatives, employees, or sub consultants. Minimum Scope of Insurance. Coverage shall be at least as broad as (a) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001) (b) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto) (c) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (d) Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than. (a) General Liability- $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability- $1,000,000 per accident for bodily injury and property damage. err► 53 (c) Employer's Liability- $1,000,000 per accident for bodily injury or disease. (d) Errors and Omissions Liability $1,000,000 per occurrence. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City At the option of the City, either- the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses 7 Task Budget. Submit a Task Budget corresponding to the project budget in the Request for Proposal. Indicate the percentage of the total budget assigned to each task itemized in the project budget, to facilitate comparative analysis of the level of effort proposed for each task. VI. PROPOSAL EVALUATION AND SELECTION A. Evaluation Process All proposals will be reviewed by the City A primary consideration shall be the effectiveness of the EIR Consultant's organization in the delivery of comparable or related services based on demonstrated performance. A City approved selection committee will review all proposals The selection committee will conduct interviews of the most qualified firms based on the proposals submitted. B. Final Approval Any contract resulting from this RFP will be awarded by the City 54 Exhibit 1 Preliminary Specific Plan Area 'AIIMr Specific Plan Boundary f' New Master Plan of Development Overlay Area (City Responsibility) Specific Plan Boundary �* f (applicant responsibility) New Master Plan of 2 Development Overlay ,i, Area IR,• F.} (City Responsibility) f 55 EXHIBITS Exhibit 2 Preliminary Specific Plan Area Aerial Exhibit 3 General Plan &Zoning Diagram Exhibit 4 Wal-Mart Super Center and the Annex Shopping Center Site Plan Exhibit 5 Wal-Mart - Location Map, General Plan and Zoning Exhibit 6 Wal-Mart - Existing Project Site Aerial Exhibit 7 Wal-Mart - Preliminary Conceptual Site Plan Exhibit 8 Wal-Mart - Preliminary Conceptual Elevations Exhibit 9• Wal-Mart—Preliminary Floor Plan Exhibit 10• Wal-Mart—Preliminary Grading Plan Exhibit 11 Wal-Mart—Preliminary Cross Sections Exhibit 12 Wal-Mart—Preliminary Utility Plan Exhibit 13 Wal-Mart Justification Statement Exhibit 14 The Annex - Location Map, General Plan and Zoning Exhibit 15 The Annex - Existing Project Site Aerial Exhibit 16 The Annex -Preliminary Conceptual Site Plan Exhibit 17 The Annex - Preliminary Conceptual and Elevations Note: Listed Exhibits are not attached to Council staff report 56 IIIR Attachment 5: Draft RFP Mailing List Cannon 364 Pacific Street, San Luis Obispo, CA 93401 Associates Crawford Multari 641 Higuera Street,Ste 302 San Luis Obispo, (805) 541-2622 (805)5415512 Clark& Mohr CA 93401 Dudek& 621 Chapala Street,Santa Barbara, CA 93101 (805) 963-0651 (805)963-2074 Associates, Inc Morro Group, Inc 1422 Monterey Street, Ste C200 San Luis (805) 543-7095 (805)543-2367 Obispo, CA 93401 Penfield &Smith 210 East Enos Drive,Ste A Santa Maria, CA (805) 925-2345 (805)925-1539 93454 Rick Engineering 715 Tank Farm Road,Ste 110 San Luis Obispo, (805) 544-0707 (805)544-2052 Company CA 93401 Tetra Tech, Inc 8634 Paseo De Vaca,Atascadero,CA 93422 (805)448-4079 Wallace Group 612 Clarion Court, San Luis Obispo, CA 93401 (805) 544-4011 (805)544-4294 57 Albert A. Webb3788 McCray Street, Riverside, CA 92506 (951) 686-1070 (951)788-1256 Associates Bauer Planning& 220 Commerce,Ste 230 Irvine, CA 92602 (714) 508-2522 (714) 508-2113 Environemtal Services, Inc Chambers Group, 17671 Cowan,Ste 100 Irvine, CA 92614 (949) 261-5414 (949) 261-8950 Inc Cotton Bridges 999 Town and Country,4th Floor Orange, CA Associates 92868 Downtown 31726 Rancho Viejo Rd , Ste 223 San Juan (949)489-1442 (949)240-8068 Solutions Capistrano,CA 92675 iiiiiii EARSI 223 62nd Street, Newport Beach, CA 92663 (949) 646-8958 (949) 646-5496 om Ecology and 437 J Street,San Diego, CA 92101 (619) 696-0578 (619) 696-0578 Environment, Inc EDAW, Inc 515 S. Flower Street, 9th Floor Los Angeles, CA (213) 593-7700 (213) 593-7715 90071 Envicom 28328 Agoura Road,Agoura Hills, CA 91301 (818) 879-4700 (818)879-4711 Corporation Environmental 707 Wilshire Blvd , Ste 1450 Los Angeles, CA (323)933-6111 (323) 934-1289 Science 90017 Associates 58 HDR Engineering, 8690 Balboa Avenue, Ste 200 San Diego, CA (858) 712-8400 (858)712-8333 Inc 92123 Hogle Ireland, Inc 1500 Iowa Avenue, Ste 110 Riverside, CA (951) 787-9222 (951)781-6014 92507 Impact Sciences * 803 Camarillo Springs Rd ,Ste A Camarillo, CA (805)437-1900 (805)437-1901 93012 Jones&Stokes * 17310 Red Hills Avenue,Ste 320 Irvine, CA (949) 260-1080 (949)260-1080 92614 Lilburn 1905 Business Center Drive,San Bernardino, CA (909) 890-1818 (909)890-1809 Corporation 92408 MIG 801 N Harbor Blvd , Fullerton, CA 92832 (714)871-3638 (714)871-1188 MSA Consulting, 34200 Bob Hope Drive, Rancho Mirage, CA (760) 320-9811 (760)320-7893 Inc 92270 PCR Services 233 Wilshire Blvd , Ste 130 Santa Monica, CA (949)753-7001 (949)753-7002 Corportation 90401 Phil Martin & 18551 Von Karman Avenue,Ste 140 Irvine, CA (949) 250-0503 (949)250-0512 Associates, Inc 92612 Project Design 701 B Street,Ste. 800 San Diego, CA 92101 (619) 235-6471 (619)234-0349 Consultants "wNW 59 RBF Consulting 14725 Alton Parkway, Irvine, CA 92618-2027 RGP Planning & 8921 Research Drive, Irvine, CA 92618 (949)450-0171 (949)450-0182 Development Sevices T& B Planning 17542 East 17th Street,Ste 100 Tustin, CA (714) 505-6360 (714)505-6361 Consultants, Inc 92780 Terra Nova 400 South Farrell, Ste B-205 Palm Springs, CA (760) 320-9040 (760)322-2760 Planning and 92262 Research, Inc The Berger Group 7825 Fay Avenue,Ste 256 La Jolla, CA 92037 (858)456-5575 (858)777-5672 Tom Dodson & 2150 North Arrowhead Avenue, San (909) 882-3612 (909)882-7015 Associates Bernardino, CA 92405 West Coast 1838 Eastman Avenue,Ste 200 Ventura, CA (805) 644-7976 (805)644-5929 Environmental 93003 and Engineering BMS Group 414 Jackson Street, Ste 404 San Francisco, CA (415) 249-0130 (415) 249-0132 94111 Denise Duffy& 947 Casa Street, Ste 5 Monterey, CA 93940 (831)373-4341 (831) 373-1417 Associates, Inc Dyett& Bhatia 755 Sansome Street,Ste 400 San Francisco, CA (415) 956-4300 94111 60 Freedman Tung& 101 New Montgomery Street, 6th Floor,San (415) 291-9455 (415) 291-9633 Bottomley Francisco, CA 94105 Mogavero 2012 K Street,Sacramento, CA 95814 (916)443-1033 (916)443-7234 Notestine Associates Raney Planning& 1501 Sports Drive, Sacramento, CA 95834 (916) 372-6100 (916)419-6108 Management, Inc allimli:1111111glill HIS! SASAKI 77 Geary Street,4th Floor, San Francisco, CA (415)776-7272 94108 Winzler& Kelly 1735 North First Street,Ste 301 San Jose, CA (408)451-9615 (408)451-9665 95112 Wood Rodgers, 580 2nd Street,#200, Oakland, CA 94607 510-208-2404 cell 510-551 Tom Proulx, (tproulx@woodrodgers.com) 3147 Director of Business Development TIP Strategies, 7000 North MoPac, Suite 305 512/343-9190 Inc. Austin TX,78731 61 Attachment 6 October 24,2006 City Purchasing Policy: Professional Service>$40,000 1400, 30 City Council Award > $40,000.00 Professional service contracts exceeding $40,000 must be awarded by the City Council. A Formal Request for Proposal (RFP) or a Request for Qualifications (RFQ) process should be used, thereby assuring the City that it has engaged the most qualified consultant available for the engagement. The formal process generally takes more time and expense than informal solicitations of qualifications and in some instances may actually not be the most cost-effective approach. 3 1 Formal Request for Proposal or Request for Qualifications Developing the RFP or RFQ Because RFP's and RFQ's ask for a subjective product, they should contain the greatest detail possible, and may include the following: A precise description of the problem or objective The services to be performed The product to be provided -410 62 3.0 City Council Award > $40,000.00 (CONTINUED) 3 1 Formal Request for Proposal or Request for Qualifications (continued) Developing the RFP or RFQ(continued) The anticipated time schedule for- Submittal of RFP/RFQ (date and time) Any pre-proposal conference (date, time and location) Review and evaluation of the proposals Award of the contract Commencement of work on the project Completion date Evaluation factors and the relative importance of each. Expectations or limitations on the part of the City, i.e The format, form and quantity of any expected reports The extent/nature of assistance/cooperation available from the City Expected content of the RFP/RFQ, including: The overall description of techniques to be used Listing of similar services provided to other clients Listing of available references to contact Description and qualifications of assigned lead and supporting personnel Time and staff expected to be expended Facilities and equipment to be used Portion of contract to be performed by sub-contractors Subcontractors/Subconsultants qualifications Cost, in summary and total, and desired method of payment. The RFP/RFQ for services may, but is not required to, state the amount budgeted for the service. Contractual requirements including,but not limited to Prohibition against assignment Indemnification Insurance requirements �wrr 63 3.0 City Council Award > $40,000.00 (CONTINUED) 3 1 Formal Request for Proposal or Request for Qualifications (continued) Developing the RFP or RFQ (continued) 8 Contract Requirements (continued) Bonding requirements Warranties Compliance with federal, state and City laws, rules and regulations Compliance with any grant related regulations Sample contract Construction project management service RFP's may require evidence be provided of experience in construction project design review and evaluation, construction mobilization and supervision, bid evaluation, project scheduling, cost-benefit analysis, claims review and negotiation, and general management and administration of a construction project. b) Issuing the RFP/RFQ To ensure maximum exposure and competition, the responsible department shall prepare a list of potential firms to receive the RFP/RFQ City staff shall make reasonable efforts to ensure that small business firms, located in San Luis Obispo County, are aware of the RFP/RFQ's issued. If required or desired, the responsible department will submit the RFP/RFQ notice to be advertised in a local newspaper of general circulation. The notice will be published one or more times beginning at least fourteen calendar days prior to the designated closing Additional advertisements may be placed in a regional newspaper of general circulation, appropriate professional or trade journals, and state or governmental publications designed for public notice A reasonable length of time between solicitation and closing dates must be allowed to provide potential respondents time for preparation in accordance with the complexity, the size of the project, and the scope of advertising. City staff may conduct conferences to explain the requirements of the project. A sufficient amount of time should be allowed after the RFP/RFQ has been issued to allow potential respondents to become familiar with the project. Any clarification or changes required to the RFP/RFQ, as a result of the conference, shall be added as a written amendment. A summary of the conference shall be provided to all prospective respondents receiving the request. 64 3.0 City Council Award > $40,000.00 (CONTINUED) 3 1 Formal Request for Proposal or Request for Qualifications (continued) Issuing the RFP/RFQ (continued) The requesting department shall prepare sufficient copies of the RFP/RFQ to allow distribution to potential respondents of record and responses to the published advertisements. In addition, the department shall maintain a list of RFP/RFQ's issued and responses. Amendments should be used to make any changes in quantities, descriptions, schedules, or to correct defects or ambiguities in the original RFP/RFQ Amendments are provided to ensure that all potential respondents are furnished with the same information with which to prepare proposals Amendments to the RFP/RFQ shall be identified as such and shall require acknowledgment as such by firms receiving the RFP/RFQ Amendments shall be sent to all known recipients of the RFP/RFQ within a reasonable time period before the closing date. If the time and date established for the receipt of proposals does not allow sufficient time for consideration and changes, the time and date will be modified by amendment. Proposal Opening: Proposals shall be submitted to the City Clerk's office and shall be clearly identified with the Proposal number on the envelope. Faxed or other electronic proposals are not acceptable. Proposals received by 5 00 p.m. of the designated closing day will be opened on the following workday for preliminary review Any proposal received after the time specified in the RFP/RFQ shall be returned unopened. To avoid disclosure of the contents of competing RFPs/RFQs proposals will be opened in the presence of City Clerk or his/her designee and the Department Head or the Director of Administrative Services,requesting the proposals Respondents may modify of withdraw their proposals prior to the established closing date and time, without penalty However any modifications submitted after the established closing date and time will not be accepted. Such modifications will be returned to the respondent, unopened. 65 3.0 City Council Award > $40,000.00 (CONTINUED) 3 1 Formal Request for Proposal or Request for Qualifications (continued) Issuing the RFP/RFQ (continued) The City Clerk's office shall maintain a list of proposals received, including name and address of respondent, the number of modifications received, if any, and any additional information requested. The register will be open to inspection after the award of the contract or the refection of all proposals. Proposals and modifications shall be shown only to the evaluation committee personnel, the City Clerk or his/her designee, and the Department Head (or the Director of Administrative Services) until a recommendation is made to Council or all proposals have been refected. Refection of Proposals The City reserves the right to refect any and all proposals, to accept or refect any one or more items of a proposal, or to waive any irregularities or informalities in the proposal or the RFP/RFQ process if to do so is deemed to best serve the interests of the City Evaluation Factors and Method. Because unique services are requested, cost is not considered the primary selection criteria. Evaluation factors may include General quality and responsiveness of the proposal, including but not limited to Responsiveness to the terms, conditions, and items of performance, Completeness and thoroughness of the proposal, Grasp of the problem, work to be performed, and approach to be used. Organization and personnel making the proposal Evidence of good organizational and management practices. Qualification of the personnel. Specialized experience of the firm and its personnel relative to the required services. References who can be contacted to verify past record of performance, i.e., completion of a quality product, in a timely manner, and within budget constraints. The financial condition of the firm. Capacity of the firm to perform the subject project within a required time frame 66 3.0 City Council Award : $40,000.00 (CONTINUED) 3 1 Formal Request for Proposal or Request for Qualifications (continued) Evaluation Factors and Method (continued) Evaluation factors may include (continued) If appropriate, the price, in any of the following formats, may be considered Total price and price breakdown. Price range. Cost schedule. A Selection Committee shall be formed to evaluate the submitted data and determine the products that should receive further consideration. The Committee shall be appointed by the Department Head, subject to the approval of the City Manager or the Director of Administrative Services, and may consist of more than one department. The Selection Committee may choose to interview all of the responding consultants, only the top few ranking consultants or to not perform interviews. After the interviews (if applicable), the Selection Committee shall rank the consultants based on their proposals, interviews, and references Exceptions to Formal RFP/RFQ- The formal RFP/RFQ process may be bypassed in the following three instances In emergency situations where time is of the essence, the appropriate Department Head may dispense with the formal RFP/RFQ process to obtain services necessary in dealing with the emergency Immediately following the emergency, the appropriate Department Head shall prepare a report to Council explaining the emergency and the items purchased. When one known service provider is available, the Department Head shall prepare a report for Council approval requesting an exemption from the formal RFP/RFQ procedures and if applicable awarding the bid to the"sole source" When there are extenuating circumstances that would make the formal RFP/RFQ process not the most cost effective approach. This often relates to qualitative, artistic or proprietary software/technological issues The appropriate Department Head shall prepare a report to Council requesting an exemption from the formal bidding procedures. 67 3.0 City Council Award > $40,000.00 (CONTINUED) 3 1 Formal Request for Proposal or Request for Qualifications (continued) Ongoing Professional Services In some instances it is in the best interest of the City to have current ongoing contracts with multiple consultants for the same or very similar services. (i.e. services that can be defined as to scope of work but not as to required events such as contract planning services, public safety investigations, soils testing, contract building inspections services, etc.) These services would best be handled by establishing an eligibility list and by entering into annual ongoing professional service contracts The process for selecting firms for annual ongoing professional service contracts shall be generally the same as for other professional services contracts, however multiple firms may be awarded an ongoing contract based on the RFP/RFQ process and may be placed on the eligibility list. Additional firms/individuals may also be awarded contracts and placed on the eligibility list at a later date, using the RFP/RFQ process without impacting contracts currently in place Council shall award each ongoing contract that is expected to exceed $40,000 00 at a public meeting. As events occur and need arises, work will be assigned to the consultants on the eligibility list at the sole discretion of the Department Head. The Department Head, however, shall make a reasonable attempt to rotate work between consultants subject to availability and special needs Negotiation. The Department Head or designee(s) shall discuss with the highest ranked firm(s) the requirements of the project, the scope of services needed to meet the requirements, and negotiate a reasonable fee/contract for the established work assignment. 3.2 Awarding the Contract: The Department Head/Division Head shall prepare a report to Council recommending the most responsive consultant. The Council shall then award the contract in a public meeting. 68 3 0 CITY COUNCIL AWARD >$40,000 00 (continued) 3.2 Awarding the contract (continued) Except for urgencies all contracts exceeding $40,000 00 must be awarded by the City Council. Otherwise Such purchases are void and not considered an obligation of the city Invoices may be returned to the contractor/service provider unpaid. The person ordering the unauthorized purchase may be held personally liable for the costs of the contract. 3 3 Contract and Purchase Order A contract shall be prepared and the consultant shall sign the two original copies A purchase order shall also be prepared detailing the consultant's name, service being purchased, estimated total price of the service being purchased and budget account to be charged. The purchase order shall be signed and dated by the Department Head. The Department/Division will obtain a completed IRS form W-9 from the consultant. Proof of insurance in accordance with the contract shall be obtained The City Attorney shall sign the two original copies of the contract approving it as to form. The City Manager or his/her Council designee shall sign the two original copies of the contract approving it as to form. The entire purchase order, the W-9, proof of insurance and both original copies of the contract shall be submitted to the City Manager or the Director of Administrative Services for approval and signature One original copy of the executed contract shall be returned to the contractor/service provider and the other original shall remain in the City Clerk's Office. A copy of the executed contract shall be sent to the initiating department and a copy to the Administrative Services Department. 3 4 Renewals Contracts for ongoing services may include annual renewal provisions for up to five years 3.5 Change Orders The City Manager is authorized to issue change orders for changes or additions to the original scope of work that result in less than a 20% aggregate change in contract price. Change orders in excess of 20% shall be brought to the City Council for approval. 69 ATTACHMENT 7 Draft Resolution A-Del Rio Specific Plan Study Area Boundary - 40*1 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA ADOPTING A SPECIFIC PLAN STUDY AREA BOUNDARY FOR THE WAL-MART SUPERCENTER AND ANNEX SHOPPING CENTER PLN 2007-1245 AND PLN 2007-1246 Del Rio Road/El Camino Real (Wal-Mart Stores, Inc. / The Rottman Group / EDA) WHEREAS, an application has been received from EDA Design Professionals, 4404 1998 Santa Barbara Street, San Luis Obispo, CA 93401 (Applicant) and Wal-Mart Stores, Inc. 2001 S E 10tr' Street, Bentonville, AR 72716-0550 (Property Owner), to consider a project consisting of a General Plan Land Use Diagram and Text Amendment for a commercial-retail store with a building for grocery sales of approximately 142,811± square feet and a 3,696± square-foot outdoor garden area, for a total building area with outdoor garden center of 146,507± square feet on a 21 0± acre project site located at the southeast corner of EI Camino Real and Del Rio Road (APN 049-112-002, 018, 019, 022, 036, 039, 049-151-037, 040, 041), and, WHEREAS, an application has been received from EDA Design Professionals, 1998 Santa Barbara Street, San Luis Obispo, CA 93401 (Applicant), and The Rottman Group, 1065 Higuera Street, San Luis Obispo, CA 93401 (Property Owner), to consider a project consisting of a General Plan Land Use Diagram Amendment for a commercial development project located at the northeast corner of EI Camino Real and Del Rio Road (APN 049-102-020, 031, 032, 045, 048, 050, 056, and 049-131-070), and, WHEREAS, the Atascadero City Council considered authorizing staff to process the proposed application at a public meeting on March 11, 2008 consistent with the City's General Plan Amendment Policy; and, 70 WHEREAS, the Atascadero City Council has determined that a Specific Plan consistent with Gov Code Sections 65450-65457 shall be prepared for the project in conjunction with the General Plan Amendments and Zone Changes, and, NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to a Specific Plan study area boundary, subject to the following exhibit: Exhibit A. Del Rio Specific Plan Study Area Boundary On motion by Council Member , and seconded by Council Member , the foregoing resolution is hereby adopted in its entirety by the following roll call vote AYES NOES ABSTAIN ABSENT ADOPTED CITY OF ATASCADERO, CA Ellen Beraud Mayor ATTEST Marcia McClure Torgerson, C M C , City Clerk APPROVED AS TO FORM Brian Pierik, City Attorney Iftow 71 Exhibit A: Del Rio Specific Plan Study Area Boundary Del Rio Specific Plan Boundary New Master Plan of Development Overlay , yk F Area (City Responsibility) Specific Plan Y` Boundary (applicant responsibility) s y .�,'� �• tE�. �' M its .• r New Master Plan of Development Overlay Area Res (City Responsibility) Y) 72 ITEM NUMBER. B-2 DATE 01127/09 -a r 'iss r r.. F r 1 e I-7 Atascadero City Council Staff Report— Public Works Department Central Coast Regional Water Quality Control Board Draft 2009 Storm Water Management Plan Update NPDES Phase II RECOMMENDATIONS Council 1 Receive report and provide comment on the draft 2009 Storm Water Management Plan (Storm Water Plan), and, 2 Authorize Staff to file the Storm Water Plan with the Central Coast Regional Water Quality Control Board (Water Board) to maintain compliance with the January 29, 2009 deadline REPORT-IN-BRIEF. On February 15, 2008, the Water Board directed the City of Atascadero to update and submit a Storm Water plan A copy of this letter is included in Attachment A. City staff has been working to prepare a Storm Water Plan since 2003 The City of Atascadero originally submitted a draft Storm Water Plan in 2003, but like most other Central Coast cities, the Storm Water Plan was not approved by the Water Board For several years the draft plan sat dormant and we received no comment from the Water Board In February 2008, the Water Board issued a letter regarding the processing of Storm Water plans The letter included four new regulations that would need to be incorporated into the Storm Water plan prior to being approved These four requirements are in addition to the six minimum Storm Water pollution control measures that are required by the federal National Pollutant Discharge Elimination System (NPDES) Phase II regulations The City is required to amend its draft Storm Water Plan and secure Water Board approval by March 2009 City staff is requesting Council direction on how to proceed with the Storm Water Plan 73 ITEM NUMBER. B-2 DATE. 01/27/09 DISCUSSION The following discussion represents an abbreviated background and introduction to NPDES, the Water Board and Stormwater plans More detailed information is included as Attachment B What is NPDES, what does it do, and how is it enforced? The NPDES program was established under the Federal Clean Water Act in 1977 to protect and restore surface-waters of the United States The enforcement of NPDES is delegated by the Federal government to the states The California State Water Resources Control Board (State Board) is responsible for Statewide implementation of NPDES The Central Coast Regional Water Board coordinates implementation on the Central Coast, which includes the City of Atascadero How do Storm Water Management Plans relate to NPDES and what do the plans cover? A Storm Water Plan is required for every City and County in the United States as part of NPDES Storm Water Plans define strategies and provide guidelines for the protection of storm water quality and the reduction of pollutant discharges into storm water Prior to the February 15, 2008 letter, a SMWP was required to address six minimum requirements 1 Public Education 2 Public Participation 3 Illicit Discharge Detection and Elimination 4 Construction Site Storm Water Runoff Control 5 Post Construction Storm Water Management 6 Pollution Prevention/Good Housekeeping for Municipal Operations The City's updated Storm Water Plan addresses the aforementioned six areas plus the additional mandates the Water Board has placed on the City The additional mandates are discussed in greater detail below What Process has the City followed to prepare a Storm Water Plan? In February, 2002, the City Council directed staff to begin development of a Storm Water Plan as required by NPDES Phase II In compliance with NPDES requirements, the City Council directed staff to submit the Storm Water Plan in March 2003 The Water Board reviewed the plan and requested a number of revisions The City was working earnestly to get the Storm Water Plan approved By December 2004, the City and Water Board had completed three re-submittal cycles of the SMWP and responded to comments from the Water Board The City's draft Storm Water Plan remained under review with the Water Board for several years Staff did not receive any direction from the Water Board until February 15, 2008 On this date, Water Board staff notified the City of Atascadero and other 74 ITEM NUMBER. B-2 DATE. 01/27/09 cities of the new requirements and timeline for Storm Water Plan adoption (refer to Attachment A, Letter from Roger Briggs) The letter included four new requirements that are likely to have a major impact on Atascadero's future development and operational practices What are the new requirements being imposed by the Water Board? Listed below is a summary of the four new Water Board requirements that were released in the February 15, 2008 letter 1 Maximize infiltration of clean storm water, minimize runoff volume and rate The Water Board believes that excess storm water is a problem for streams and creeks The proposed changes would restrict the quantity of run-off to pre- development levels 2 Protection of riparian areas, wetlands and their buffer zones. The Water Board is requiring agencies to determine and implement appropriate setbacks to riparian areas, creeks, and wetlands 3 Minimize pollutant loading The Water Board is requiring agencies to incorporate Best Management Practices (BMP) into Storm Water Plans that will minimize the discharge of pollutants affecting creeks and streams 4 Provide long-term watershed protection Agencies are required to develop plans to control watershed impacts from increased storm water runoff (also known as hydromodification) and pollution Staff has developed the draft 2009 Storm Water Plan that addresses the Water Board's mandates, balanced with the need for long-term community development. What is the timeline for approving/enacting new Storm Water Plan? The timeline to submit the Draft 2009 Storm Water Plan is shown in Table 1 The Water Board amended the timeline at the City's request to accommodate the City's need for public input and Council consideration 75 ITEM NUMBER. B-2 DATE. 01/27/09 Table 1, Atascadero's Submittal Timeline Review SWMP preparation timeline with December 9, 2008 Yes City Council Draft SWMP posted on Website for review December 10, 2008 Yes First Public Review Meeting December 17, 2008 Yes Prepare Final Draft SWMP/work with RWQCB to determine areas of agreement December 18, -January 5, 2009 Yes with plan language Submit Draft SWMP to Water Board January 5, 2009 Yes Receive Water Board comments and January 16, 2009 Yes incorporate into Plan Revised Draft SWMP posted on Website January 21, 2009 Yes for Public Review and Comment City Council consider Final Draft SWMP for submittal of potential comments to January 27, 2009 Current Action Water Board Submit Plan to Water Board January 29, 2009 Pending 60 Day Water Board Public Review On or after January 29, 2009 as Pending Begins determined by CCRWQCB Board Hearing if requested by the Public May, 8, 2009 If Requested or the City I The Storm Water Management Plan The City has contracted with the Wallace Group to write and develop the draft 2009 Storm Water plan The draft 2009 Storm Water Plan outlines tasks that the City is currently doing (e g cleaning storm drains), tasks that the City will be required to do (i e develop a low impact development ordinance) and additional tasks that the Water Board is demanding (e g development of a hydromodification plan ) The tasks are arranged into six minimum control measures as discussed below Staff has also garnered input from the Public, city employees, and the Water Board Staff The draft 2009 Storm Water Plan is included as Attachment C The Public was given the opportunity to review and comment on the Preliminary Draft Storm Water Plan prior to and at a December 17, 2008 informational forum The purpose of the forum was to receive resident and stakeholder feedback on the Storm Water Plan City staff believes it is important that the plan be crafted to reflect the community needs and concerns and be fiscally responsible Staff received numerous verbal and written responses at the forum and made changes in the plan to reflect community sentiment. 76 ITEM NUMBER. B-2 DATE. 01/27/09 The draft 2009 Storm Water Plan is required to address six minimum control measures in the following areas 1 Public Education 2 Public Participation 3 Illicit Discharge Detection and Elimination 4 Construction Site Storm Water Runoff Control 5 Post Construction Storm Water Management 6 Pollution Prevention/Good Housekeeping for Municipal Operations Each minimum control measure consists of one or more Best Management Practices (BMPs) that must be implemented Best Management Practices are tasks, that when implemented, should result in short to long-term improvements in storm water quality For example a BMP would be street sweeping Street sweeping removes trash from streets and therefore reduces storm water pollution since the collected trash is not washed into waterways Another example of a BMP is educating school students By reaching school age children early enough, they may be less likely to pollute due to their heightened awareness of storm water related issues The City must also include measurable goals in the plan that will be used to determine if the BMPs are being successfully implemented Measureable goals include tons/volume of trash removed and miles of street swept or the number of students reached and the year on year percentage increases Best Management Practices and estimated costs contained in the City's plan are discussed in the next section of the report. In addition to the six standard Minimum Control Measures required by federal law, the Water Board Executive Officer, Roger Briggs, mandated that Cities in the Water Board's jurisdiction address four additional storm water related issues Staff believes that the draft 2009 Storm Water Plan addresses the new mandates Storm Water Management Plan Contents As stated previously, the draft 2009 Storm Water Plan includes descriptions of the six Minimum Control Measures This section provides an overview of each measure Minimum Control Measure One - Public Education Minimum Control Measure One requires the City to implement a public education program about the impacts of storm water discharges on surface and groundwater The purpose of this minimum control measure is to inform the community about steps they can take to improve the local water quality The City's draft 2009 Storm Water Plan is based on a strategy that targets homeowners, commercial activities, school age children, and City employees The City **NW is proposing to distribute materials that targets specific storm water concerns such as dumping oil in storm drains and illegal dumping The City will also partner with other municipalities and stakeholder groups where possible to maximize limited resources 77 ITEM NUMBER. B-2 DATE. 01/27/09 The Best Management Practices identified for Minimum Control Measure One include the following Table 3 — Public Education Best Management BMP INTENT Practices (BMPs) Partner with other municipalities Conserve resources while increasing public awareness of and stakeholder groups everyday activities and how they impact water bodies Public School Outreach Provide schools with educational materials, conduct class room presentations. Target Homeowner Community Increase awareness of water quality issues and achieve voluntary compliance with discharge regulations. Target materials towards specific Increase awareness of water quality issues and achieve members of the business voluntary compliance with discharge regulations. community Pet Waste Management Reduce the source of pollution to receiving waters through education and enforcement of pet waste disposal and feral cat populations concerns. Establish resource library Provide a forum for storm water management information to be disseminated and to allow community feedback. Minimum Control Measure Two — Public Involvement/ Participation The purpose of this minimum control measure is to have citizens help develop the Storm Water Management Program The Public Involvement / Participation Minimum Control Measure requires the City to comply with applicable State and local public noticing requirements In addition, the Minimum Control Measure requires the City to develop the appropriate Best Management Practices to ■ Broaden public support by promoting citizen involvement in the development and decision making process ■ Shorten implementation schedules by getting early citizen/stakeholder buy in ■ Broaden the base of expertise and its economic benefits ■ Provide a conduit to other programs Citizen inclusion into the process may reduce future legal challenges and encourage citizens to take an active role in the programs implementation Additionally, cross- connections and relationships with other compatible programs can reduce plan implementation costs and work load by spreading efforts across a greater number of programs 78 ITEM NUMBER. B—2 DATE. 01/27/09 The City has identified the following Involvement/ Participation Goals y .r I Incorporating public values, assumptions and preferences into water quality-related decision-making processes II Encouraging volunteerism and feedback of water quality related issues The City has already started to implement this Minimum Control Measure by providing a Preliminary Draft Storm Water Plan for Public Review, hosting a public input forum on December 17, 2008, and collecting valuable feedback from the community via the City's web site The Public Involvement / Participation Best Management Practices are listed below Table 4 — Public Involvement / Participation BMPs BMP INTENT Host Biennial Stakeholders Meeting Provide the public an opportunity to discuss various viewpoints and to provide input concerning appropriate storm water management policies and BMPs. See Section 2 6 Review& Report Program. Storm Drain Marking Raise awareness about the connection between storm drains and receiving waters and to deter littering, excess fertilizer use dumping, and other practices that contribute to storm water pollution Community Creek Clean Up Day Allow concerned citizens to become directly involved in water pollution prevention, educate members of the community about the importance of stream water quality and improve water quality Develop and adopt a street/creek Allow concerned citizens to become directly involved in water program pollution prevention educate members of the community about the importance of stream water quality and improve water quality Technical Advisory Committee Assist in the development, revision and review of water quality standards and administrative procedures Minimum Control Measure Three — Illicit Discharge Detection / Elimination Illicit discharges are defined to be any discharge to a storm water system that is not composed entirely of storm water, unless allowed through an exception process (such as discharges from fire-fighting activities) The purpose of this minimum control measure is to eliminate non-storm water flows from entering into the City's storm water conveyance system Non-storm water often contributes high levels of pollutants, including heavy metals, toxics, oil and grease, solvents, nutrients, viruses and bacteria to streams and lakes These pollutants threaten the health of the receiving water body and those that depend on it. The Illicit Discharge Detection and Elimination Program Minimum Control Measure requires the City to develop a storm drain map, establish an ordinance to prohibit the discharge of non-storm water into storm drains, develop a plan to detect and address non-storm water discharges and educate public employees, businesses and the general 79 ITEM NUMBER. B-2 DATE. 01/27/09 public about the hazards associated with illegal discharges and Improper disposal of waste The draft 2009 Storm Water Management Plan contains the rational and standard handling procedures for these discharges For example, water line flushing will be allowed if the water is de-chlorinated and the discharge pipe will not cause erosion of the surrounding area if erosion occurs (the eroded dirt would be a illegal discharge to the City's storm drain system) The Illicit Discharge / Detection Best Management Practices consist of the following Table 6 — Illicit Discharge / Detection BMPs BMP INTENT Develop a GIS-based storm drain and receiving water Identify and track problem areas, required atlas/database maintenance and discharge violations Educate public employees, businesses and the general Improve creek habitat, increase awareness of public about the hazards associated with illegal water quality issues and achieve voluntary discharges and improper disposal of waste compliance with discharge regulations Adopt an Illicit Discharge Detection and Elimination Eliminate Illicit Discharges. Ordinance Minimum Control Measure Four— Construction Site Runoff Control The Construction Site Runoff Control Program Minimum Control Measure seeks to reduce or eliminate, where possible, the pollutants contributed from construction sites Construction sites have the potential to affect storm and receiving water quality from discharges related to erosion and site construction activities and materials The City is required to establish an ordinance or other regulatory mechanism to eliminate non- storm water discharges that are caused by construction The following strategies will be followed to implement the Construction Site Runoff Control Program Goals ■ Include erosion and sediment control plan review into the discretionary review process ■ Educate City employees, businesses and the general public about the potential pollutants associated with construction sites ■ Develop an ordinance or other regulatory mechanism, to require the implementation of proper erosion and sediment controls, and controls for other wastes, on applicable construction sites ■ Utilize standardized construction site inspection checklists that include erosion and sediment controls, and non-storm water discharges ■ Track inspection and enforcement actions 80 ITEM NUMBER. B-2 DATE 01/27/09 The list of Construction Site Runoff Control Program BMPs is provided in Table 7 below Table 7 — Construction Site Runoff Control BMPs BMP INTENT Include erosion and sediment control Ensure consistent application of proper erosion and plan review into the discretionary review sedimentation control methods. process Educate public employees, businesses Improve awareness of construction site storm water related and the general public about the pollution in order to reduce construction site-related discharges. potential pollutants associated with construction sites. Establish construction site complaint Eliminate pollutant runoff from construction sites reporting mechanism Minimum Control Measure Five— Post-Construction Site Runoff Control Post-Construction Site Runoff Controls consist of onsite structures or facilities that are constructed to minimize or eliminate impacts on storm water or waterbodies The Post-Construction Site Runoff Controls will apply to new or redevelopment projects The City is required to develop Post-Construction Site Runoff Controls in order to achieve the following 1 Increase awareness of public employees, businesses and the general public of the site, source and treatment controls that can reduce the impacts of development/redevelopment on waterbodies 2 Incorporate good site, source and treatment controls into the Municipal Code and the development review process 3 Assure mechanism is in place for long-term maintenance of post-construction facilities in new subdivisions Existing projects, including single family residences, are not subject to the Post Construction runoff requirements The following new and redevelopment projects, not "deemed complete ' by the end of the first year of plan implementation, will be subject to the new requirements 1 Single-Family Hillside Residences on slopes greater than 10% 2 Automotive Repair Shops 3 Retail Gasoline Outlets 4 Restaurants 5 Home Subdivisions with 10 or more housing units 'Deemed Complete means upon certification of the project's EIR,when an EIR is required for the project or upon completion of environmental review by staff,when an EIR is not required for the project. 81 ITEM NUMBER. B-2 DATE. 01/27/09 6 Parking lots 5,000 square feet or more or with 25 or more parking spaces and potentially exposed to storm water runoff "" 7 New development projects that create 5,000 square feet of impervious area 8 Redevelopment projects that create or replace 10,000 square feet of impervious area except for the following list of exempted projects o Maintenance and utility projects that do not create new impervious areas such as asphalt overlays, replacement and slurry seals, and installation or repair of subsurface utilities or aerial utilities o Infill sidewalk projects on streets with existing sidewalk. The list of Post-Construction Site Runoff Control Program BMPs is provided in Table 8 Table 8 — Post Constructing Site Runoff Control BMP BEST MANAGEMENT PRACTICES BMP INTENT BMPS Adopt and enforce an ordinance to require specific post- Maximize Infiltration of clean storm water, and construction storm water management controls, including minimize runoff volume and rate, provide long attachment 4 criteria and hydromodification controls, for term watershed protection. applicable new development and redevelopment projects. Incorporate post-construction storm water management Maximize Infiltration of clean storm water, and considerations into the development review process. minimize runoff volume and rate, provide long term watershed protection Incorporate post-construction storm water management To reduce pollutants in storm water runoff by in the development review process checking for good site design and post- construction storm water management during the development review process. Ensure post construction BMPs are maintained. To reduce pollutants in storm water runoff by verifying post-construction storm water management maintenance is being performed Protect riparian areas, wetlands and other buffer zones. To protect riparian areas, wetlands and other bufferzones Minimum Control Measure Six— Pollution Prevention/Good Housekeeping For Municipal Operations The purpose of this minimum control measure is to ensure a reduction in the amount and type of pollution that collects on streets, parking lots, open spaces, storage and vehicle maintenance areas as a result of City operations The Pollution Prevention/Good Housekeeping for Municipal Operations Minimum Control Measure requires the City "exam its own activities and develop a program to prevent the discharge of pollutants from these activities " 82 ITEM NUMBER. B—2 DATE. 01/27/09 Municipal activities that the city will be required to examine include Table 9 — Municipal Activities MUNICIPAL FACILITY ACTIVITY Building and Grounds Maintenance and Repair Parking/Storage Area Maintenance Vehicle and Equipment Fueling Vehicle and Equipment Maintenance and Repair Vehicle and Equipment Washing and Steam Cleaning Outdoor Loading and Unloading of Materials Outdoor Container Storage of Liquids Outdoor Storage of Raw Materials Outdoor Process Equipment Over water Activities Landscape Maintenance 'O. The City will develop and implement a facility-specific water pollution control manual (FPCM) for City facilities not enrolled under the Industrial Activities Storm Water General Permit, and that have activities with a significant potential to release pollutants to storm drains, such as vehicle operations, construction yards, corporation yards and sanitary sewer systems The anticipated Best Management Practices for each facility- specific FPCM will be based on anticipated municipal activities are provided in Table 10, below Table 10 - Pollution Prevention/Good Housekeeping For Municipal Operations BEST MANAGEMENT PRACTICES BMP INTENT BMPS Municipal Employee Training and Provide employee training on pollution prevention/hood Education housekeeping techniques Inventory and develop Standard Prevent or reduce pollutant runoff from municipal operations Operating Procedures for Municipal Activities Inventory and develop Standard To reduce pollutants in storm water runoff by checking for good site Operating Manuals for Municipal design and post-construction storm water management during the Facilities development review process. 83 ITEM NUMBER. B —2 DATE. 01/27/09 Additional Plan Requirements Mandated by the Water Board's February 15th, 2008 letter The February 15, 2008 letter provided minimum standards that the City's Storm Water Management Plan must adopt to comply with the following Board-identified objects Maximize infiltration of clean storm water and minimize runoff volume and rate II Protect riparian areas, wetlands, and other buffer zones Ill Minimize pollutant loading IV Provide long-term watershed protection To comply with item I "maximize infiltration of clean storm water and minimize runoff volume and rate," the Board will allow the City to develop an effective hydromodification control strategy or require the City meet Regional Board imposed interim standards within six months of the SWMP approval by the Executive Officer (or within six months of SWMP adoption by the Regional Board ) Hydromodification is the alteration of the natural flow of water through a landscape due to land development activities The City has elected to develop its own hydromodification criteria rather than use the Water Board Mandated criteria The proposed draft hydromodification criterion is included in the draft 2009 Storm Water Management Plan The goal of the City's hydromodification plan is to comply with the Water Board's requirement to protect the watershed in as cost effective and straight forward manor as possible The draft hydromodification criterion prepared by the City includes a methodology for determining pre and post storm water runoff amounts and strategies for implementation The plan differs based on if properties are included in the denser urban reserve area or in the more rural west side The draft hydromodification plan also includes exemptions from the plan requirements that cover projects related to low income projects, streets, sidewalks, and development and re-development that have less than 5,000 square feet of hard surface The Water Board has also mandated that the City protect riparian areas, wetlands, and other buffer zones at part of item II The Water Board has mandated that the draft 2009 Storm Water Management plan include a minimum 30-foot buffer zone for riparian areas and wetlands The draft 2009 Storm Water Management Plan does not include new requirements for 30-foot buffer zones Instead, City staff is proposing that the existing General Plan required setbacks coupled with the existing creek reservations exceed the intent of item II To comply with item III "Minimize pollutant loading", the draft 2009 Storm Water Management plan includes BMPs to minimize pollutant loading, including volume and/or flow-based treatment criteria The BMPs and/or other control measures were selected and prioritized based on local conditions and include a strategy to reduce pollutant loading To comply with item IV "Provide long-term watershed protection", the draft 2009 Storm Water Management plan includes a draft watershed based hydromodification2 plan 2 Alternation of the natural watershed hydrologic characteristics caused by urbanization or other land uses changes that may result in damage to downstream receiving waters(creeks) 84 ITEM NUMBER. B-2 DATE. 01/27/09 The draft hydromodification plan includes Low Impact Development strategies and methodologies for the design of storm water runoff facilities City staff is proposing short and long-term criteria that are as stringent as the Water Board's, but are more flexible to fit Atascadero's unique watershed characteristics In addition, Staff is proposing to exempt certain projects from the requirements including low income housing, sidewalks, landslide areas and roads The plan attempts to comply with the requirements while being reasonable and fiscally sensitive ALTERNATIVES 1 Provide comments/direction for changes to the draft 2009 Storm Water Management Plan Staff will make the changes and submit the plan by the January 29, 2009 deadline 2 Direct staff not to submit the draft 2009 Storm Water Management Plan in order to make changes or to allow more time for discussion Staff does not recommend this course of action for the following reasons a The Water Board has threatened the City with severe penalties for non- submittal b The City could be sued by third parties as allowed by the federal Cleanwater Act c The City will still have 60 days to request a hearing before the Water Board or change the plan FISCAL IMPACT The draft 2009 Storm Water Management Plan will have an impact on the City General Fund Staff has prepared estimated costs for each of the five permit years The costs for the first two years are greater than the last two years because of onetime costs. The onetime costs are associated with changing/adopting City codes and generating new plans the City does not currently have The following is a breakdown of estimated costs by permit year- Permit Year Total Cost 1 $230,6001 2 $227,3001 3 $171,4001 4 131,5001 5=E$ 111,5001 rA✓ Attachment D lists each permit year's Best Management Practice and estimated costs The listed costs are best estimates Firmer estimates will become available as work 85 ITEM NUMBER. B-2 DATE. 01127/09 proceeds and staff will share updated costs as they become available Staff estimates that the total costs will be approximately $900,000 over the next five years This NOW includes the costs to generate the draft 2009 Storm Water Management Plan The plan does contain language that allows the City's expenses to be reduced during fiscally challenging times ATTACHMENTS A. Water Board staff's February 15, 2008 Letter B Additional Information on NPDES, the Water Board and Storm Water Plans C Draft 2009 Storm Water Management Plan D Best Management Practices and Costs 86 Attachment A California Regional Water Quality Control Board Linda S.Adams Central Coast Region Agency Secretary Arnold Schwaraeoeggtr ✓ Intemet Address: http://www.waterboards.ca.gov/cenbmlcoast Governor 895 Aerovista Place,Suite 101,San Luis Obispo,California 9340 1-7 906 Phone(805)549-3147 FAX(805)543-0397 February 15, 2008 «AddressBlock)) ((AgencyMailingAddress)) ((AgencyCity)), CA«AgencyZipu ((Greeting Line)) Notification to Traditional, Small MS4s on Process for Enrolling under the State's General NPDES Permit for Storm Water Discharges Introduction As Executive Officer of the Regional Water Quality Control Board, Central Coast Region (Water Board), I am writing to notify you of the Water Board's revised process for enrolling traditional, small Municipal Separate Storm Sewer Systems (MS4s) under the State's General Permit No. CAS000004 (General Permit). Water Board staff have identified you as an entity that owns or operates an MS4, so you must enroll in the General Permit and develop and implement a Storm Water Management Program (SWMP). This letter describes the SWMP approval process and our expectations regarding the content of your SWMP to comply with the General Permit, and provides you with the schedule Water Board staff intend to follow for review of your SWMP and enrollment of your MS4 under the General Permit. Staff will communicate further with you as your enrollment cycles begin, to establish specific schedules for the five phases leading to enrollment. Water Board staff will evaluate your SWMP for compliance with the General Permit requirements, including the Maximum Extent Practicable standard, and as appropriate will approve the SWMP and enroll you in the General Permit. If requested,Water Board staff will schedule a public hearing before the Central Coast Water Board for consideration of an individual SWMP The Water Board's revised enrollment process is a fundamental shift from the way we have reviewed and approved SWMPs to date. The revised enrollment process eliminates the multiple SWMP review/edit iterations and negotiations that characterized our previous approach. For SWMPs that do not meet the schedule and content described here for General Permit compliance, staff will draft specific resolutions or individual permits for Water Board consideration that will protect water quality, beneficial uses,and the biological and physical integrity of watersheds. Enrollment Process and Schedule Water Board staff grouped the 24 remaining un-enrolled traditional MS4s into eight enrollment cycles (Table 1). Each cycle spans a period of 33 to 38 weeks and concludes, on the projected date, with Water Board approval of individual SWMPs and enrollment of the MS4s under the General Permit. Each enrollment cycle includes five time-limited phases requiring specific actions by both Water Board staff and the MS4 (Table 2). The precise timing and duration of each phase is subject to California Environmental Protection Agency Recwkd Paper 87 «First—Names ®cLast—Nameb .2 - February 15, 2008 change, Water Board staff will develop specific schedules at the commencement of each enrollment cycle. Table 1 Enrollment Cycles for Attachment 1 and 2 MS4s Projected Projected Projected Cycle MS4 Group Group Members Start Date for Executive Board SWMP Enrollment Cycle O fice'oSvWMP Approval 1 1 Santa Maria/Lompoc Santa Maria Jan.22,2008 July 28,2008 Sept.5 2008 Lompoc San Luis Obispo 2 Coastal Santa Barbara Goleta Jan.29,2008 September 2, Oct. 17,2008 County Carpinteria 2008 Santa Barbara Santa Barbara UC Santa Barbara 3 Santa Cruz Mountains Santa Cruz County Mid February 2008 October 20, Dec.5, 2008 and Coast Capitola 2008 San Luis Soquel Obispo Aptos Ben Lomond Boulder Creek Live Oak Felton Coralitos Watsonville City of Santa Cruz Scotts Valley UC Santa Cruz 4 Coastal San Luis Arroyo Grande Mid April 2008 January 2009 2009—1 Obispo County Grover Beach Quarter Pismo Beach San Luis Oceano Obispo Morro Bay Ba ood—Los Osos 5 Upper Salinas King City Early June 2008 February 2009 2009—1 Templeton Quarter Atascadero Salinas 6 City of San Luis Obispo City of San Luis Early September April 2009 2009-2 na Obispo 2008 Quarter San Luis Obispo 7 Upper Pajaro Gilroy Early November August 2009 2009—3ru San Martin 2008 Quarter Santa Clara Watsonville 8 Santa Ynez Buellton Mid November August 2009 2009—3 Solvang 2008 Quarter Vandenberg AFB San Luis Obispo 1 Board approval only required if a hearing is requested by stakeholder California Environmental Protection Agency aRecycled Paper ��88 --- Now aFirst Name* aLast Name» .3 - February 15,2008 '�Mr+ Table 2: Phases of MS4 Enrollment Cycle Duration weeks Phase I. Water Board Staff Assessment of Water Quality Challenges Water Board staff, Assess available water quality information Accept input from stakeholders on water quality conditions 3-4 Prepare and transmit to MS4 staff a statement of current knowledge of water quality challenges that must be addressed by SWMP Phase II Water Board Staff SWMP Review Water Board staff: Review SWMP and"red-lines"text 3-4 Send red-lined SWMP and letter explaining requirements to MS4 Phase III. MS4 SWMP Redraft MS4 staff re-draft SWMP and post for Public Review 6 Phase IV- Water Board Staff Final Review and Posting of SWMP Water Board staff review SWMP 2-4 Water Board staff post SWMP and table of required revisions for Public Review 8 Water Board staff respond to public comment and EO approves SWMP 3-4 Phase V Water Board Action if hearing requested) Water Board staff prepare Staff Report with recommendation and resolution for 2 SWMP approval Water Board Staff- Post Staff Report with Board Agenda for Public Review Itaw Respond to additional public comment 6 Prepares Presentation for Hearing Conduct internal review up to Board Meeting Total 33 to 38 Communication Clear and open communication between Water Board staff, MS4 staff, and stakeholders is vital to the success of this enrollment process. Also, the Phase II General Permit requires public participation as a component of developing and implementing successful stormwater management programs for MS4s. To comply with the General Permit, you must verify that you have achieved broad and timely distribution of announcements of scoping meetings, draft stormwater program documents, and local agency actions on stormwater program activities when you submit your SWMP for Water Board staff review Water Board staff are committed to ensuring that the enrollment process proceeds with open communication. Staff will employ a list-serve (email notification) for notifying all interested parties of important milestones in each enrollment cycle. Water Board staff will also maintain an MS4 enrollment tracking webpage where staff will post relevant documents and indicate the status of each MS4 in the enrollment process. Additionally, an individual Water Board staff person will be assigned to each enrollment cycle. We request that you also identify an individual to serve as point of contact representing your MS4 with whom we will communicate during the enrollment process. You must identify your point of contact when Water Board staff contact you to initiate your enrollment cycle. **AOI California Environmental Protection Agency Recycled Paper 89 eFirst_Name» ecLast_Name» .4- February 15, 2008 Central Coast Water Board Expected SWMP Content The federal Clean Water Act(CWA) provides that National Pollutant Discharge Elimination System (NPDES) permits for MS4s must require municipalities to reduce pollutants in their stormwater discharges to the Maximum Extent Practicable (MEP) (CWA§402(p)(3)(B)) The California Water Boards have established the meaning and application of this standard through several adopted stormwater permits (the MEP standard is the same for Phase I and Phase II municipalities)' The Water Board implements the General Permit to be consistent with its Water Quality Control Plan (Basin Plan) to ensure protection of water quality, beneficial uses, and the biological and physical integrity of watersheds according to the issues in the Regions. Your SWMP must include an array of Best Management Practices (BMPs), including the six Minimum Control Measures listed in the General Permit,to achieve the following conditions: I. Maximize infiltration of clean stormwater, and minimize runoff volume and rate Il. Protect riparian areas,wetlands, and their buffer zones III Minimize pollutant loading; and IV Provide long-term watershed protection I. Maximize Infiltration of clean stormwater, and minimize runoff volume and rate. Water Board staff expect your SWMP to present a schedule for development and adoption of control standards for hydromodification. For SWMP adoption, staff will recommend to the Water Board the following interim requirements, which would apply until such time that you develop acceptable control standards for hydromodification: • For new and re-development projects, Effective Impervious Areae shall be maintained at less than five percent(5%)of total project area. • For new and redevelopment projects that create and/or replace 5,000 square feet or more of impervious surface, the post-construction runoff hydrographs shall match within one percent (1%) the pre-construction3 runoff hydrographs, for a range of events with return periods from 1-year to 10-years. • For projects whose disturbed project area exceeds two acres, preserve the pre-construction drainage density (miles of stream length per square mile of watershed) for all drainage areas serving a first order stream4 or larger, and ensure that post-project time of concentration is equal or greater than pre-project time of concentration. These interim requirements must be implemented for all applicable projects subject to your discretionary approvals within six (6) months of your enrollment in the Phase II permit. Your schedule for development and adoption of your own control standards for hydromodification must include. • Numeric criteria for controlling stormwater runoff volume and rates from new and redevelopment. ' Several stormwater permits adopted by different Regional Boards have been legally challenged. All have been upheld by the State Water Resources Control Board and the courts. The Water Boards have broad authority to regulate stormwater and land use activities that result in discharges to waters of the State. Urbanization is one the most Important land use activities affecting water quality, beneficial uses,and the physical and biological integrity of watersheds in the Central Coast Region. z Effective Impervious Area is that portion of the impervious area that drains directly to a receiving surface waterbody via a hardened storm drain conveyance without first draining to a pervious area. In other words, impervious surfaces tributary to pervious areas are not considered Effective Impervious Area, 3 Pre-constructlon condition is defined as undeveloped soil type and vegetation a A first order stream is defined as a stream with no tributaries. California Environmental Protection Agency (� Recycled Paper x..90 --- uFirst Name»cl-ast Nameo .5- February 15,2008 0 Numeric criteria for stream stability required to protect downstream beneficial uses and prevent physical changes to downstream stream channels that would adversely affect the physical structure, biologic condition, and water quality of streams. • Specific applicability criteria, land disturbance acreage thresholds, and exemptions. • Performance criteria for control BMPs and an inspection program to ensure proper long term functioning over • Education requirements for appropriate municipal staff on hydromodification and Low Impact Development. You must include an effective strategy to control hydromodification, or Water Board staff will recommend to the Water Board requirements in the resolution approving your SWMP and enrolling you in the Phase 11 permit. II Protect riparian areas wetlands, and their buffer zones: Your SWMP must include BMPs and/or other control measures to establish and maintain a minimum 30-foot buffer zone for riparian areas and wetlands' The buffer zone is a protective area that is undisturbed to the maximum extent practicable. Your SWMP must include consideration and prioritization of local conditions, such as habitat degradation, water quality, and land management practices, and apply more substantial buffer zones where necessary to protect riparian areas and wetlands. You must include an effective strategy to adopt and implement protection of riparian areas, wetlands, and their buffer zones, or Water Board staff will recommend to the Water Board requirements in the resolution approving your SWMP and enrolling you in the Phase II permit. III. Minimize pollutant loading Your SWMP must include BMPs and/or other control measures to minimize pollutant loading, including volume- and/or flow-based treatment criteria. Your SWMP must include consideration and prioritization of local conditions, such as existing pollutant loading, water quality, 303(d) listed impaired waters, pollutants of concern, habitat degradation, and land management practices, and apply more stringent control measures where necessary to minimize pollutant loading. You must include an effective strategy to reduce pollutant loading, or Water Board staff will recommend to the Water Board requirements in the resolution approving your SWMP and enrolling you in the Phase II permit. IV. Provide Iona-term watershed protection You must include in your SWMP a strategy to develop watershed based hydromodification management plans. These plans should incorporate Low impact Development strategies with the goal of Post Construction Storm Water Management to achieve an Effective Impervious Area of no more than three to ten percent (3 — 10%)of watershed area within your jurisdiction, depending on local conditions. The requirements listed above are often characterized as hydromodification controls, or Low Impact Development. These terms are related and their meanings overlap. These requirements are necessary to ensure protection of water quality, beneficial uses, and the biological and physical integrity of watersheds and aquatic habitat. You can reference information on hydromodification controls and Low Impact Development principles on the Central Coast Water Board's website. 5 The Central Coast Water Quality Control Plan(Basin Plan)requires protection of riparian and wetland habitat and their buffer zones (Basin Plan,Section V G.4). California Environmental Protection Agency Recycled Paper 97 «First_Name» «Last Namem -6- February 15,2008 httg://www waterboards ca qov/centralcoast/stormwater/low%20impact°/a20devel/lid index.htm. Evaluation of Program Effectiveness and Progress toward Water Quality Goals Because MEP is a dynamic performance standard which evolves over time as stormwater management knowledge increases, MS4 managers must continually assess and modify their programs to incorporate improvements in control measures and BMPs to achieve MEP Therefore, your SWMP should contain a detailed plan for evaluating its effectiveness and progress toward complying with the General Permit. Your SWMP must also explain how you will communicate evaluation results with stakeholders. Your evaluation plan should include quantifiable measures for evaluating the effectiveness of the program and be based on the following objectives. • Assess compliance with requirements of the General Permit , including: Inspection Programs • Construction Site Controls • Elimination of unlawful discharges New development and redevelopment requirements • Verify that BMPs are being implemented (e.g , all new applicable developments meet hydromodification control requirements described above and as further described in your SWMP); • Assess the chemical, physical, and biological impacts on beneficial uses caused by pollutants of concern in stormwater discharges; • Characterize watersheds and stormwater discharges; • Identify sources of pollutants, and • Evaluate long-term trends in receiving water quality Conclusion Please become familiar with the schedule for the enrollment cycle for your MS4, and the steps in the enrollment process. When Water Board staff contact you to initiate your enrollment cycle, please provide us with contact information for the individual that will be representing your MS4 Please begin updating or preparing your SWMP to include the following as explained in this letter- • Hydromodification controls for new and redevelopment; • Protection of riparian and wetland habitat and their buffer zones; • Minimization of pollutant loading; • Provision of long-term watershed protection; and • Evaluation of program effectiveness. Your SWMP must be specific and must include: well-defined BMPs and other actions that you will implement, schedules, measurable goals, and measures to determine the effectiveness of your program. If your SWMP is not comprehensive or lacks specificity, I will not approve it, and Water Board staff will draft a resolution or an individual permit for consideration by the Water Board at a hearing. I am clarifying the Water Board's revised enrollment process and SWMP content and requirements to speed up approval of SWMPs for MS4s in the Central Coast Region that will protect water quality, beneficial uses, and the biological and physical integrity of watersheds. I am also committing staff time to regulate MS4s and provide technical and financial assistance to municipalities for stormwater management programs. California Environmental Protection Agency t2ecyctut Paper 92 «First—Name)) ((Last—Name)) -7- February 15,2008 The Proposition 84 Storm Water Grant Program funds may be used to provide matching grants to local public agencies for the reduction and prevention of stormwater pollution of rivers, lakes, and streams. A total of approximately $82 million will be available for matching grants. A scoping meeting to answer questions and to solicit input will be held at our office in San Luis Obispo on Monday, March 3 2008, from 1:00—4:00 PM. For more information on the Proposition 84 Storm Water Grant Program and workshops, visit the State Water Board's website at: http://www waterboards.ca.gov/funding/prop84 html. I anticipate you will have questions about this letter and the expected content of your SWMP Please contact us. Our lead staff for this enrollment process is Dominic Roques, drogues&--waterboards.ca.gov or at(805) 542-4780. Sincerely, Roger W Briggs Executive Officer WAStorm WateAMunicipahPhase 11 MSAMS4 Enrollment Strategies\MS4 Notification Ltr\PhasellNotifications2-12-08.doc California Environmental Protection Agency Recycled Paper --- ---- - - —- 93 Attachment B 1 9 Atascadero City Council Staff Report- Public Works Department Regional Water Quality Control Board (RWQCB) Storm Water Management Plan NPDES Phase II Attachment B—Additional Information DISCUSSION What is NPDES, what does it do, and how is it enforced? The NPDES program was established under the Federal Clean Water Act in 1977 to protect and restore surface waters of the United States Surface waters include wetlands, lakes, creeks, and rivers The enforcement of NPDES is delegated by the Federal government to the states The California State Water Resources Control Board (State Board) is responsible for State implementation of NPDES The State Board, a regulatory state agency, and the nine RWQCBs coordinate implementation throughout California. The RWQCB that oversees Atascadero is Region 3 - Central Coast Regional Water Quality Control Board Our RWQCB covers a six-county area, including San Luis Obispo County, Santa Barbara County, Monterey County, San Benito County, Santa Clara County and Santa Cruz County The RWQCB is composed of nine officials that are appointed by the Governor and serve four-year terms The RWQCB appoints an Executive Officer who is responsible for day to day operations and enforcement of regulations How do Storm Water Management Plans (SWMP) relate to NPDES and what do the plans cover? A SWMP is required for every City and County in the State as part of NPDES Phase II NPDES was implemented in two phases depending on the size of agencies Phase I required agencies with populations over 100,000 to comply NPDES Phase II required cities smaller than 100,000 in population to comply SWMPs define strategies and provide guidelines for the protection of water quality and the reduction of pollutant discharge Prior to the Region 3 RWQCB's additional regulations, a SMWP was required to address six minimum requirements 94 1 Public Education 2 Public Participation 3 Illicit Discharge Detection and Elimination 4 Construction Site Storm Water Runoff Control 5 Post Construction Storm Water Management 6 Pollution Prevention/Good Housekeeping for Municipal Operations What Process has the City followed to prepare a SWMP? In February, 2002, the City Council directed staff to begin development of a SWMP as required by NPDES Phase II The City retained URS Inc , to assist staff in drafting the plan In March 2003, the City Council directed staff to submit the SWMP to the RWQCB The RWQCB reviewed the plan and requested a number of revisions The City was working earnestly to get the SWMP plan approved By December 2004, the City and RWQCB had completed three re-submittal cycles of the SMWP and responded to comments from the RWQCB Shortly after December 2004, RWQCB staff indicated that the City of Atascadero's Storm Water Plan adoption would be delayed because of problems with staffing and heavy opposition to other cities' plans from environmental groups Coincidentally, the City of Paso Robles' SWMP, which had been submitted in the same timeframe as Atascadero's, was approved The City's draft SWMP remained under review with the RWQCB for several years Staff did not receive any further comments from the RWQCB until November 2007 In November 2007, the RWQCB notified Atascadero and other agencies that a new timeline and process for adopting the outstanding SWMPs would be imposed The new process and timeline was presented and approved at the RWQCB meeting on December 7, 2007 At this meeting many agencies were concerned about the lack of detail provided in the Board's staff report regarding the four additional SWMP requirements imposed by the local RWQCB On February 15, 2008, RWQCB staff notified the City of Atascadero and other cities of the new requirements and timeline for Storm Water Plan adoption (refer to Attachment 1) The letter included four new requirements that are likely to have a major impact on Atascadero's future development and "housekeeping" practices What are the new requirements being imposed by the RWQCB? Listed below is a summary of the four new RWQCB requirements that were released in the February 15, 2008 letter (refer to attachment 1 and 2) 1 Maximize infiltration of clean storm water, minimize runoff volume and rate The RWQCB believes that excess storm water is a problem for streams and creeks According to the RWQCB, excess water may cause erosion of stream banks and down cutting of stream beds Therefore, the RWQCB is requiring agencies to modify development practices to retain the same amount of water 95 onsite post-development as occurred prior to development. The City currently ; requires the rate of stormwater run-off to be maintained at pre-development levels but does not restrict the quantity of run-off The proposed changes would restrict the quantity of run-off to pre-development levels This represents a change in the thinking and design of how stormwater has been handled for decades In order to comply with this requirement projects will likely have to incorporate onsite retention systems and utilize other means such as porous paving materials which will allow stormwater to permeate back into the site 2 Protection of riparian areas, wetlands and their buffer zones. The RWQCB is requiring agencies to determine and implement appropriate setbacks to riparian areas, creeks, and wetlands It is not clear exactly which waterways would be affected by this requirement. It appears that the minimum setbacks could be greater than those currently adopted by the City's General Plan 3 Minimize pollutant loadinq The RWQCB is requiring agencies to incorporate Best Management Practices (BMP) into SWMPs that will minimize the discharge of pollutants affecting creeks and streams For example, the City will need to incorporate specific BMP that will address low dissolved oxygen and pathogens into Atascadero Creek. This requirement will likely require modifications to the City's existing stormwater drainage system that may result in expensive modifications, maintenance and retrofits 4 Provide long-term watershed protection Agencies are required to develop plans to control watershed impacts, also known as hydromodification The RWQCB desires that watersheds contain no more than 3-10% impervious surfaces (paving) This means that the City will have to develop plans and requirements that limit new and redevelopment impacts on storm water runoff volume in creeks and watersheds through site design and limitations on lot coverage These requirements are complicated and the boundaries of the watershed are not clearly delineated Due to the unique nature of Atascadero's topography which includes several valleys, creeks, and riparian areas, the City could potentially contain multiple watersheds. Since many parts of Atascadero already exceed the 5% threshold, this rule is likely to change development practices and redevelopment. It is not clear how this rule will affect compact infill development like the City encourages Downtown Additionally, the cost of complying with these new requirements is not known 96 What is the timeline for approving/enacting new SWMP? The timeline provided by the RWQCB is provided below- Table 1, Water Board Timeline Task Date Phase I Water Board Assessment of July 8, 2008 Water Quality Challenges Phase II City Finalization of Draft SWMP and Water Board Staff and September 17, 2008 Public SWMP Review Phase III City SWMP Redraft October 29, 2008 Phase IV Water Board staff Final November 19, 2008 Review and Posting of SWMP Phase V Water Board Action (if March 20, 2009 needed In essence, the Board is giving cities 60 days from the date comments are provided by RWQCB staff to complete the revised SWMP While this may seem like an appropriate amount of time, staff has had concerns that once comments are received, this does not allow for adequate time to analyze the specific impacts of these regulations on the community and then have time for public comment, workshops and deliberation As of the date of this report, the City has yet to receive comments on the previously submitted 2004 SWMP, and therefore it has been difficult to draft a revised plan In the meantime, the timeline continues to move forward Subsequently, staff requested an extension in order to have time to receive comments from the Board, study the impacts of the new regulations, and have a public process to consider impacts of the SWMP A letter was received from RWQCB staff on August 12, 2008 (see Attachment 3), that denied the City's request for additional time Staff has submitted a letter requesting reconsideration of the RWQCB's time extension denial 97 What Are Other Cities Doing? Atascadero is not the only agency facing the imposition of the four new requirements. Twenty-four agencies in the RWQCB jurisdiction are facing the same requirements The following chart outlines several other agencies and their actions taken to date Submitted December 2004 Draft for initial Water Board review. Staff will be responding to the Water Board based Atascadero March 2009 on City Council direction. The Water Board has notified staff that comments will be provided to the City based on the 2004 draft and the City is still required to address the four additional requirements, Submitted Draft in August 2008. The CSD's plan Templeton CSD March 2009 addresses facilities they own. The County of San Luis Obis o's pan covers the rest of the town. The Water Board has notified the City that they will be Paso Robles* Approved 2004 addressing the four additional requirements during their next Storm Water Plan update in 2009. The Water Board has notified the County that they will be County of San Luis Obispo* Approved 2008 addressing the four additional requirements during their next Storm Water Plan update in 2012. The City resubmitted its Storm Water Plan in September 12, 2008 for initial Water Board Review. The City has addressed the four additional requirements by either telling City of San Luis Obispo April 2009 the Water Board they already have standards that address the Water Board's concerns (LID and riparian setback standards),or offering to do study's and report back to the Board in three years to present options(Hydromodification Plan). The plan has made it through the appeal period and was approved in early September The City City of Santa Maria September 2008 responded to the Regional Board saying that they would study the issues brought up in the February 15 letter and report back to the Regional Board in two ears. Lompoc and the Building Industry Association has appealed the Storm Water Plan approval to a Full Water City Lompoc October 2008 Board Hearing. The City of Lompoc was required to submit a Storm Water Plan prior to the RWQCB's July 10, 2008 letter which relaxed requirements that Lompoc previouslyaddressed. The City has re-submitted to the Regional Board on September 5, 2008. The City revised their Storm Water City of Morro Bay April 2009 Plan to be similar to the County of San Luis Obispo Storm Water Plan. The City's Storm Water Plan will now be subject to a sixty day review before final approval. A hearing will be held if any person or agency requests one. *The City of Paso Robles and San Luis Obispo County already have approved Storm Water Plans. Agencies With approved Storm Water Plans will be required to address the four additional measures when their Storm Water Plans are up for their five year review 98 How Should the City Respond to the RWQCB's New Requirements? Staff is very concerned about the RWQCB's four new SWMP requirements In addition, the RWQCB has provided a short timeframe to analyze and integrate the requirements into the City's draft SWMP Staff is also concerned that the short timelines have limited the opportunity for public participation in the SWMP process Staff has reviewed the approach of neighboring cities to comply with SWMP requirements. The City of Santa Maria has submitted its SWMP with a provision that they will review and incorporate standards that implement the new requirements in the next two years It is staffs understanding that the RWQCB has approved Santa Maria's SWMP Therefore, staff is proposing Atascadero resubmit the SWMP with a provision agreeing to review and study these issues in the future The approach would allow time for adequate staff analysis and public participation regarding these four new requirements What Alternatives Are Available to the City? 1 The City does not File a Timely SMWP It is staffs understanding that if the City's SWMP is not submitted by November 19, 2008, RWQCB staff will unilaterally insert the new requirements into the City's plan and they will then be in effect. RWQCB staffs action could be appealed at the RWQCB Board meeting of March 20, 2009 2 Incorporate the Four Requirements into the SWMP Council could direct staff to begin a thorough evaluation of the four additional requirements and return to the City Council for approval of a plan that fully complies with the latest RWQCB plan requirements Staff would need to hire a consultant to assist with this effort and begin a public participation process Staff does not think this could be accomplished before the November deadline 3 Resubmit the existing SWMP The City could resubmit the existing 2004 SWMP without modification. Staff would expect the RWQCB to reject this plan and unilaterally add the four requirements This alternative likely has the same end result and Alternative 1 above In addition, the Council could direct staff to A. Seek Legislative Relief The City could approach its legislators to have laws written or changed to provide relief from the four additional requirements. This option would be time consuming and require significant staff resources B Seek Judicial Relief- The City could challenge the requirements and the process in court. This option would be time consuming and expensive with significant City Attomey time required 99 Attachment C CITY OF ATASCADERO Storm Water Management Plan Photo credit:Lon Allen x January 5, 2009 Prepared By WALLACE GROUN 100 VOW Draft Stormwater Management Pian January 9, 2009 *ow 101 Table of Contents 1 INTRODUCTION 11 Stormwater Management:Why It's Important 1 1.2 Regulatory requirements •2 2 CITY SWMP DEVELOPMENT PROCESS 7 2.1 Step 1 Identify Baseline Criteria 7 2.2 Step 2. Rank& prioritize Pollutants of Concern 8 2.3 Step 3 Rank& prioritize Best Management Practices 8 2.4 Step 4 Incorporate Community input. 10 2.5 Begin Implementation of BMPs 10 2.6 Review and Report on Program Effectiveness 10 3 WATER QUALITY BASELINE ASSESSMENT 12 31 Stormwater Management Program Objectives. 12 3.2 Stormwater Management Jurisdictional Area 13 33 Program Funding 13 34 Land Use Principles 14 35 Surface Waters 15 351 Salinas River 17 3.5.2 Graves Creek 18 3.53 Paloma Creek 18 3.54 Atascadero Creek 19 3.5.5 Atascadero Lake .20 3.5.6 Other Tributaries .22 3.6 Pollutants of Concern .22 37 Best Management Practices .24 37 Natural Environment Protection Policies .26 3.8 City Maintained Facilities 31 3.81 Public Parks 31 3.8.2 Landscaping around Public Building and Lift Station Facilities .31 3.8.3 Public Streets 32 39 City Departments and Coordination 32 4 STORMWATER MANAGEMENT PROGRAM REQUIREMENTS .34 41 Public Education and Outreach 34 4.2 Public Involvement/Participation Program 44 4.3 Illicit Discharge Detection and Elimination Program 52 44 Construction Site Stormwater Runoff Control Program 59 4.5 Post-Construction Stormwater Management for New and Redevelopment Program 64 46 Pollution Prevention/Good Housekeeping for Municipal Program 75 5 BMP IMPLEMENTATION TIMELINE SUMMARY .85 5 1 Permit Year 1 ($230,6001) 86 5.2 Permit Year 2($227,3001) 86 53 Permit Year 3($171,4001) 87 102 54 Permit Year 4($ 131,5001) 88 5.5 Permit Year 5($ 111,5001) 88 56 Permit Year 1 —5 89 List of Figures Figure 1 —Prioritization Flowchart 9 Figure 2—SWMP Jurisdictional Area 13 Figure 3—Sales Tax revenue Error! Bookmark not defined Figure 4—Zoning 15 Figure 5—Salinas Hydrologic Unit(Exhibit by California Watershed Portal) 17 Figure 6—Graves Creek Tributary Area(Exhibit by California Watershed Portal) 18 Figure 7—Paloma Creek Tributary Area(Exhibit by California Watershed Portal) 19 Figure 8—Atascadero Creek Tributary Area (Exhibit by California Watershed Portal) 20 Figure 9—Atascadero Lake (Exhibit by Google) 21 Figure 10—SWMP Jurisdictional Area 85 List of Tables Table 1 —Key Water Quality Report and Watershed Management Plans 7 Table 2—Priority Pollutants of Concern 22 Table 3—Secondary Pollutants of Concern 24 Table 4—BMPs Dismissed from Further Consideration (this permit cycle) 24 Table 5—Priority BMPs (this permit cycle) 25 Table 6—Secondary BMPs (this permit cycle) 25 Table 7—Public Education and Outreach BMPs 35 Table 8—Public Involvement/Participation 45 Table 9—Non-Significant Contributors 53 Table 10—Illicit Discharge Detection and Elimination BMPs 55 Table 11 —Construction Site Runoff Control BMPs 60 Table 12—Post-Construction Stormwater Management In New Development and Redevelopment BMPs 67 Table 13—Potential Pollutants of Concern Likely Associated with Specific Municipal Facilities 75 Table 14—Potential Pollutants of Concern Likely Associated with Specific Municipal Activities. 76 Table 15—Measurable Goals Associated with Specific Municipal Activities 77 Table 16—Pollution Prevention/Good Housekeeping For Municipal Operations BMPs 80 Table 17—NPDES Program Per Capital Cost 85 Appendices A Potential Pollutants of Concern/CCAMP Characterization Data/Beneficial Uses B Maps C Technical Basis of Hydromodification Approach D Draft Hydromodification Plan `SOW 103 1400 1 INTRODUCTION This document serves as the City of Atascadero's National Pollutant Discharge Elimination System (NPDES) Phase II Stormwater Management Plan (SWMP) This SWMP describes the City's program to comply with the California NPDES General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4s) (SWRCB Water Quality Order 2003-0005-DWQ) This permit regulates Phase II MS4s in California. The City's SWMP is a guidance document to be used by the City's regulatory body, the Central Coast Regional Water Quality Control Board (Regional Board), contractors, and the general public. It is an evolving program that will be monitored and revised as necessary in order to address changes in the compliance programs or in the Permit requirements The City's SWMP defines strategies and guidelines for protection of water quality and reduction of pollutant discharges to the Maximum Extent Practicable (MEP) from all areas within the City and all City maintained facilities The SWMP will be implemented over the next five years (from March 2009 to March 2014) as detailed in Section 4 0 Each minimum control measure and associated best management practice (BMP) included in this SWMP have their own implementation schedule, based on allocated funding and program priorities. 1 1 STORMWATER MANAGEMENT WHY IT'S IMPORTANT Items 1 through 6 of the Water Quality Order No 2003-0005-DWQ state 1 Urban runoff is a leading cause of pollution throughout California. 2. Pollutants of concern found in urban runoff include sediments, non-sediment solids, nutrients, pathogens, oxygen-demanding substances, petroleum hydrocarbons, heavy metals, floatables, polycyclic aromatic hydrocarbons (PAHs), trash, and pesticides and herbicides. 3 During urban development, two important changes occur First, where no urban development has previously occurred, the naturally vegetated and pervious land is converted to impervious surfaces such as paved highways, streets, rooftops, and parking lots. Natural vegetated soil can both absorb rainwater and remove some pollutants providing an effective purification process. Because pavement and concrete can neither absorb much water nor remove pollutants, the natural purification and water absorption characteristics of the land are lost under impervious surfaces. Second, urban development creates new pollutant sources as human population density increases and brings with it proportionately higher levels of vehicle emissions, vehicle maintenance wastes, municipal sewage, pesticides, household hazardous wastes, pet wastes, trash, etc., all of which can be washed into the MS4s. As a result of these two changes, the runoff leaving a developed urban area may be significantly greater in volume, velocity, and/or pollutant load than pre- development runoff from the same area. 4 A higher percentage of impervious area correlates to a greater pollutant load, resulting in turbid water, nutrient enrichment, bacterial contamination, organic matter loads, toxic compounds, temperature increases, and increases of trash or debris 5 Pollutants present in stormwater can have damaging effects on both human health and aquatic ecosystems. In addition, the increased flows and volumes of stormwater discharged from Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 1 104 impervious surfaces resulting from development can significantly impact beneficial uses of aquatic "''` ecosystems due to physical modifications of watercourses, such as bank erosion and widening of channels. 6 When water quality impacts are considered during the planning stages of a project, new development and many redevelopment projects can more efficiently incorporate measures to protect water quality 1 2 REGULATORY REQUIREMENTS In 1972, the Federal Water Pollution Control Act, which established the NPDES program, was adopted The NPDES program regulates the discharge of wastes from point sources to surface waters The Federal Water Pollution Control Act was amended in 1977 and became known as the Clean Water Act (CWA) In 1987 the CWA was again amended to add Section 402, which established a framework for regulating discharges from MS4s as a special category of point source under the NPDES Program In 1990, the United States Environmental Protection Agency(EPA) promulgated regulations for permitting MS4s serving a population of 100,000 people or more. These regulations, known as the Phase I regulations, require operators of medium and large MS4s to obtain stormwater permits. The EPA adopted the NPDES Phase II Stormwater regulations, which expanded the NPDES program to cover smaller MS4s, in 1999 The State of California adopted the U S Environmental Protection Agency (USEPA) National Pollutant Discharge Elimination System (NPDES) Phase II Final Rule and the State Water Resources Control Board (SWRCB) Water Quality Order No 2003-00005-DWQ, NPDES General %www Permit No. CAS000004, "Waste Discharge Requirements for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4s) General Permit(referred to as the "MS4 General Permit") on April 30, 2003 An "MS4"is defined by the SWRCB as a conveyance or system of conveyances, 1 Designed or used for collecting or conveying clean stormwater; 2. Which is not a combined sewer; and 3 Which is not part of a Publicly Owned Treatment Works (POTW) as defined by Title 40 of the Code of Federal Regulations(CFR) Section 122.2. The City was designated by the EPA as a regulated Small MS4 because it is located within an urbanized area and not previous permitted under Phase 1 regulations (See attachment 1 of the Phase II General Permit provided in Appendix A) Section D of the General Permit defines Stormwater Management Program requirements necessary to protect water quality and to reduce the discharge of pollutants from the City to the Maximum Extent Practicable (MEP). It states that SWMP must include BMPs, measurable goals, and timetables for implementation in the following six program areas (minimum control measures) I A collection and conveyance system includes storm drain inlets and roads with catch basins, curbs, gutters, ditches and/or man-made channels. Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 2 105 I Public Education and Outreach The Permittee must educate the public in its permitted jurisdiction about the importance of the stormwater program and the public's role in the program. 2. Public Participation The Permittee must comply with all State and local notice requirements when implementing a public involvement/participation program 3 Illicit Discharge Detection and Elimination The Permittee must adopt and enforce ordinances or take equivalent measures that prohibit illicit discharges.The Permittee must also implement a program to detect illicit discharges 4 Construction Site Stormwater Runoff Control The Permittee must develop a program consistent with the SWRCB's General Construction Activities Stormwater Permit to control the discharge of pollutants from construction sites greater than or equal to one acre in size within its permitted jurisdiction. The program must include inspections of construction sites and enforcement actions against violators. 5 Post Construction Stormwater Management The Permittee must require long-term post-construction BMPs that protect water quality and control runoff flow, to be incorporated into development and significant redevelopment projects Post- construction programs are most efficient when they stress (i) low impact design, (ii) source controls; and(iii) treatment controls. 6 Pollution Prevention/Good Housekeeping for Municipal Operations The Permittee must examine its own activities and develop a program to prevent the discharge of pollutants from these activities At a minimum, the program must educate staff on pollution prevention, and minimize pollutant sources. BMPs and measureable goals incorporated into the SWMP must be chosen that will result in the reduction of pollutant discharge to the MEP Per the Fact Sheet for the General Permit: ■ MEP is a technology-based standard set by Congress in the CWA (Section 402(p)(3)(B)(iii) to establish the level of pollutant reductions the discharger must achieve. ■ MEP is generally a result of emphasizing pollution prevention and source control BMPs as the first lines of defense in combination with structural and treatment methods where appropriate serving as additional lines of defense ■ The MEP Approach is an ever-evolving,flexible, and advancing concept,which considers technical and economic feasibility As knowledge about controlling urban runoff continues to evolve, so does that which constitutes MEP ■ Communities that have greater water quality impacts must put forth a greater level of effort. ■ The RWQCB Executive Officer or, if requested, the RWQCB through a public hearing, is responsible for evaluating the SWMP for compliance with the MEP standard The Regional Board Executive Officer, Mr Roger W Briggs, has issued two letters which clarify the expectations that the Regional Board has regarding the City of Atascadero and the MEP standard Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 3 106 *,%W Additional Additional clarification of requirements was also provided in an e-mail from Regional Board staff and is discussed below Roger Brio's Letter 1. February 15,2008. The February 15,2008 letter provided minimum standards that the SWMP must adopt to meet the following Board-identified objects: I Maximize infiltration of clean stormwater and minimize runoff volume and rate II Protect riparian areas,wetlands, and other buffer zones Ill Minimize pollutant loading Iv Provide long-term watershed protection To meet item I "maximize infiltration of clean stormwater and minimize runoff volume and rate," the Board will allow the City to develop an effective hydromodification control strategy or require the City meet the following interim standards within six months of the SWMP approval by the Executive Officer(or within six months of SWMP adoption by the Regional Board) ■ Maintain an effective impervious area (EIA)2 of less than five percent for new and re-development projects. • Require the pre-construction3 and post construction runoff hydrographs to match within one percent of each other over a range of events with return periods from 1-year to 10-years for all new and redevelopment projects that create and/or replace 5,000 square feet or more of impervious surface ■ Preserve the pre-construction drainage density4 for all drainage areas serving a first order streams or larger for projects whose disturbed area exceeds two acres. ■ Ensure the pre-construction time of concentration is equal to or greater than the pre-project time of concentration for projects whose disturbed area exceeds two acres. To meet item II "protect riparian areas, wetlands, and other buffer zone", the SWMP must include a minimum 30-foot buffer zone for riparian areas and wetlands. The Board also indicates that the SWMP must include consideration and prioritization of local conditions to substantiate the width of buffer zone necessary to protect specific riparian area and wetland areas within the City's jurisdiction The SWMP must include a strategy to adopt and implement protection of riparian areas,wetlands and their buffer zones. To meet item III "Minimize pollutant loading", the SWMP must include BMPs and/or other control measures to minimize pollutant loading, including volume- and/or flow-based treatment criteria. The BMPs and/or other control measures must be selected and prioritized based on local conditions and include a strategy to reduce pollutant loading z An effective impervious area is an impervious area(such as a roof or parking lot)that is directly connected to a stream or drainage system during the specified design storm.Conversely an ineffective impervious area is an area that drains to a pervious area,before entering a MS4 component. 3 The pre-construction condition is the area with an assumption of typical vegetation,soil,and stormwater runoff characteristics of open space areas typical of California's central coast unless reasonable historic information is provided that the area was atypical. 4 The pre-construction drainage density is a measure of the miles of stream length per square mile of watershed immediately prior to the project. 5 A first order stream is stream is a stream which does not have any other stream feeding into it. Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 4 107 To meet item IV "Provide long-term watershed protection", the SWMP must include a strategy to develop watershed based hydromodifications plans that include Low Impact Development strategies that demonstrate a plan to reduce the Effective Impervious Area to no more than three to ten percent of the watershed area within the City's jurisdiction Finally, the February 15, 2008 letter clarifies the Boards expectation that the SWMP include quantifiable measures for evaluating the effectiveness of the program and a plan to communicate evaluation results with stakeholders. Roger Brigg's Letter 2. July 10th 2008. The July 10, 2008 letter re-emphasized that the SWMP must include a schedule of BMPs that will provide long term watershed projection by integrating stormwater management control measures into all aspects of land use planning and development. It also provided an additional six months before the implementation of the interim hydromodification criteria would be applied to projects (revises the implementation time to one year of SWMP approval by the Executive Officer (or within six months of SWMP adoption by the Water Board) David Innis E-mail. December 17, 2008 The December 17, 2008 e-mail indicated that the Executive Officer has designated all Phase II MS4s, regardless of their exclusion per Attachment 2 (and thus Attachment 4) of the General Permit, be subject to Attachment 4 requirements. Attachment 4 of the General Permit stipulates that the post construction program include design standards for the following types of discretionary development and redevelopment projects: ■ Single-Family Hillside Residences ■ 100,000 Square Foot Commercial Developments ■ Automotive Repair Shops ■ Retail Gasoline Outlets ■ Restaurants ■ Home Subdivisions with 10 or more housing units ■ Parking lots 5,000 square feet or more or with 25 or more parking spaces and potentially exposed to stormwater runoff The City will be required to meet specific design standards described in Attachment 4 of the General Permit as part of their post-construction program, including but are not limited to a. Peak Stormwater Runoff Discharge Rates Post-development peak stormwater runoff discharge rates shall not exceed the estimated pre- development rate for developments where the increased peak stormwater discharge rate will result in increased potential for downstream erosion. b Conserve Natural Areas If applicable, the following items are required and must be implemented in the site layout during the subdivision design and approval process, consistent with applicable General Plan and Local Area Plan policies: 6 Alternation of the natural watershed hydrologic characteristics caused by urbanization or other land uses changes that may result in damage to downstream receiving waters. 14 0,01 Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 5 108 1) Concentrate or cluster Development on portions of a site while leaving the remaining land in a natural undisturbed condition 2) Limit clearing and grading of native vegetation at a site to the minimum amount needed to build lots, allow access, and provide fire protection. 3) Maximize trees and other vegetation at each site by planting additional vegetation, clustering tree areas, and promoting the use of native and/or drought tolerant plants. 4) Promote natural vegetation by using parking lot islands and other landscaped areas. 5) Preserve riparian areas and wetlands. c. Minimize Stormwater Pollutants of Concern The development must be designed so as to minimize, to the maximum extent practicable, the introduction of pollutants of concern that may result in significant impacts, generated from site runoff of directly connected impervious areas (DCIA), to the stormwater conveyance system as approved by the building official. d Protect Slopes and Channels Project plans must include BMPs consistent with local codes, ordinances, or other regulatory mechanism and the Design Standards to decrease the potential of slopes and/or channels from eroding and impacting stormwater runoff• e Provide Storm Drain System Stenciling and Signage f Properly Design Outdoor Material Storage Areas g Properly Design Trash Storage Areas h. Provide Proof of Ongoing BMP Maintenance r i. Design Standards for Structural or Treatment Control BMPs The Permittees shall require that post-construction treatment control BMPs incorporate, at a minimum, either a volumetric or flow based treatment control design standard, or both, as identified below to mitigate (infiltrate,filter or treat)stormwater runoff, 1) Volumetric Treatment Control BMP 2) Flow Based Treatment Control BMP THIS SPACE INTENTIONALLY LEFT BLANK Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 6 109 °rrMf' 2 CITY SWMP DEVELOPMENT PROCESS The SWRCB through Water Quality Order No. 2003-0005-DWQ, requires regulated small separate storm sewer systems (MS4) to submit a Stormwater Management Plan, a Notice of Intent and an appropriate fee Attachment 1, of Water Quality Order No 2003-0005-DWQ, designated the City of Atascadero as a "Regulated Small MS4" The City originally prepared a SWMP to meet the NPDES Phase II regulatory requirements in March of 2003 Between 2004 and 2008, no action was taken by the Board on the City's third plan submittal. The Regional Board recently issued revised criteria and a new timeline for compliance. The revised criteria are based on current Regional Board staff assessments of water quality challenges facing the City and with the Boards clarification of the Maximum Extent Practicable standard (See Section 1.2, February 15, 2008 letter) The City's SWMP defines strategies and guidelines for protection of water quality and reduction of pollutant discharges to the Maximum Extent Practicable (MEP) from all areas within the City and all facilities maintained by the City To maximize program resources, the City developed a four step screening process that would focus pollution control efforts on the most pressing pollutants of concern with the ultimate goal of reducing those identified and prioritized as "priority" pollutants A similar approach was taken to screen potential BMPs and select those that have the greatest ability to reduce pollutants of concern. This section describes the four step process used to revise the SWMP 2 1 STEP 1 IDENTIFY BASELINE CRITERIA The city conducted a comprehensive self study of the current conditions of receiving waters.Table 1 provides a list of key water quality report and watershed management plans evaluated for the SWMP Table 1—Key Water Quality Report and Watershed Management Plans WATER QUALIT.TD000MENT INTERNET HYPERLINK,WHERE AVAILABLE http.//www.mcwra.co.monterey.ca.us/Agency_data/USLS%20R Upper Salinas River Watershed Action Plan CD%20Watershed%2OAction%20PIan/USLS%20RCD%2OWat ershed%20Action%20PIan.htm Salinas River Watershed Management Action Plan, ham://www.waterboards.ca.,qov/centralcoasVWMI/Salinas%20R October 1999 jyer.pdf Central Coast Regional Water Quality Control Board http://www.swrcb.ca.gov/rwgcb3/publications_formslpublication Basin Plan s/basin_plan/index.shtmi Watershed Management Initiative,January 2002 http://www.swrcb.ca.gov/rwgcb3/water_issues/programs/wmi/d ocs/wmi2002_final_document_revised_1_22_02.pdf Water Quality Priorities and Targeted Projects 2004-2005 http://www.swrcb.ca.gov/rwgcb3/Water_issues/programs/wmi/d ocs/wmi2004waterqualitypdor tiesappendixdfinal.pdf Central Coast RWQCB 303(d)Investigations and TMDL fhttp://www waterboards ca gov/water issues/programs/tmdl/30 Projects 3d lists2006 epa.shtml Central Coast RWQCB 2002 CWA 303(d)List of hftp://www.waterboards.ca.gov/tmdl/docs/2002req3303d listpdf Impaired Waterbodies RWQCB Central Coast Ambient Monitoring Program hftp://www.cramp.org/ccamp/CCAMP_Salinas_Report.pdf (CCAMP) Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 7 110 The list of the potential pollutants of concern consisted of pollutants typically found in urban runoff, the pollutants identified in the Central Coast Ambient Monitoring Program (CCAMP) report (CCMAP data is included in Appendix B), pollutants listed on the Regional Boards 303(d) list for the surface water bodies within the City limits or immediately downstream of the City, and those identified during the"Upper Salinas Water Quality Assessment" meeting hosted by the Regional Board on July 8, 2008 Each pollutant was evaluated to determine if the pollutant had the potential to adversely affect the beneficial uses of each of the surface waters located within or immediately downstream of the City limits. Beneficial uses for surface and ground waters are divided into twenty standard categories and are provided in Appendix A. 2 2 STEP 2 RANK & PRIORITIZE POLLUTANTS OF CONCERN The process used for evaluating and prioritizing potential pollutants of concern (POC) consisted of using a scoring/ranking matrix for each pollutant. Criteria used to prioritize identified potential pollutants of concern were as follows. ■ Has the constituent or its effects been detected in local urban runoff? • Is the constituent listed as a source of impairment on local Section 303(d) listings? ■ Does the constituent have the potential to cause or contribute to the exceedance of standards in receiving waters? ■ Has the constituent been identified as a significant public, regulatory or Permittee concern that has yet to be adequately or completely addressed by draft or adopted federal, state or local water quality criteria or regulations? Pollutants were either designated as "priority" pollutants, "secondary" pollutants, pollutants that should be studied further or pollutants that could be eliminated from further consideration at this time. This SWMP plan will evaluate BMPs to address priority pollutants. BMPs that address only secondary pollutants (and do not contribute to the reduction or elimination of priority pollutants)will not begin until the level of concern for the secondary pollutant exceeds those that are currently on the priority pollutant list. BMPs that address both priority and secondary pollutants are preferred, however BMPs selection criteria will be based on BMPs that best address the priority pollutants. 2 3 STEP 3 RANK & PRIORITIZE BEST MANAGEMENT PRACTICES The selection of Best Management Practices (BMPs) began with the list of the U S EPA's menu of BMPs (http.//cfpub.epa.gov/npdes/storm water/menuofbmps/index.cfm) This initial list was supplemented with BMPs identified in an evaluation of three approved SWMPs with similar issues, constraints and opportunities. The three programs included San Luis Obispo County, City of Lompoc and City of Paso Robles. The process used for evaluating and prioritizing potential BMPs consisted of using a decision matrix. BMPs identified as being the most appropriate BMPs for the City were incorporated into the SWMP The decision criteria used in the BMP prioritization process were as follows ■ Is it a mandatory BMP? Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 8 ■ How effectively will the BMPs address a pollutant(or pollutant source) of concern? 111111111111111f ■ Does the BMP have public support? ■ Will the cost of implementing the BMP have a reasonable relationship to the pollution control benefits to be achieved? ■ Is the BMP technically feasible considering soils, geography,water resources,etc? Each criterion was assigned a uniform weighting factor BMPs receiving a weighted score greater than or equal to two, advanced to the secondary screening process where the following additional criteria were applied ■ Is the BMP Compatible with SWMP Program Goals and Objectives? ■ Is the City already implementing (all or a portion of)the BMP being considered? ■ Which of the BMPs is the easiest to implement? ■ Which of the BMPs is the easiest to quantitatively evaluate success? After the criteria selection and criteria weighting were complete, BMPs were either dismiss or prioritized All prioritized BMPs were incorporated into the SWMP BMPs designated as "Secondary" BMPs will be implemented as funding is available An overview of the ranking and prioritization process is provided in Figure 1 Itlai�df # e rrte%Grit ria> Rank&Prlorltlzedon Process Identify N N Dismiss POCs from Potential of Concern (POCs) further consideration wool }. Y Y Eon'Consider for Designate as t onalMonitoring' PhorityPOCs, (CAM)list Master List of Best Management Practices iI}?Stil` N Dismiss BMPs (BMPs)to Consider r .� from further consideration f. Designate as Secondary BMPs Y N Evaluate BMPs Identify SWMP CompatibilityWth ith Goals&Objectives Program Goalstrz6 and Objectives Identify Designate as Priority BMPs Mandatory BMPs_J Figure 1—Prioritization Flowchart Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 9 112 2 4 STEP 4 INCORPORATE COMMUNITY INPUT The City provided opportunities for community input to the SWMP by conducting a presentation/workshop to stakeholder groups on December 17th The meeting was intended to give the public an understanding of the new regulation and its implications and an opportunity to review and evaluate the ranking and prioritization process used by the City to prioritize Pollutants of Concern and Best Management Practices. Public feedback was incorporated into the SWMP so that it currently reflects the values and priorities received through the stakeholder process. Lastly, the SWMP was adopted by the Atascadero City Council at a January 27, 2009 public meeting 2 5 BEGIN IMPLEMENTATION OF BMPS The SWMP will be implemented over the next five years (from March 2009 to March 2014) as detailed in Section 4 Each minimum control measure and associated best management practices (BMPs) included in this SWMP have their own implementation schedule, based on City funding and program priorities The schedule for implementation of BMPs over the first five-year permit term will vary depending on the BMPs More complex BMPs are broken down into a number of stages with measurable goals identified for each The more complex BMPs will take longer than those that require relatively simple changes to existing practices Refer to Section 4 for a description of the BMPs and Measurable Goals for each Minimum Control Measure and for the BMP implementation timetable and responsible parties 2 6 REVIEW AND REPORT ON PROGRAM EFFECTIVENESS Annually, the City will prepare a report that summarizes the following 1 SWMP effectiveness 2. Implementation of the SWMP 3 Status of measurable goals 4 Effectiveness of BMPs, in terms of regulatory compliance, changing awareness, changing behavior, pollutant load reductions and runoff and receiving water quality to the extent practicable 5 Improvement opportunities to achieve MEP To incorporate stakeholder input, the Annual Report will be posted on the City and Regional Board's web sites?The City will publicize its availability and methods of providing feedback. Bi-annually, a stakeholders meeting will be held to provide a public forum for community input to the SWMP program (See BMP PP1) The City has incorporated measurable goals that are consistent with the California Stormwater Quality Association (CASQA) program documented in the Municipal Stormwater Program Effectiveness Assessment Guidance manual The minimum outcomes for all BMPs will be established as "level one outcomes" (documenting activities). Where adequate base line data currently exists, levels 2 (raising awareness) and 3 (changing behaviors) were used Level 3 outcomes (changing behaviors) are incorporated into program elements by developing interim milestones that will allow the collection of necessary baseline data to support higher level outcome expectations. Program funding limitations and BMP implementation priorities require that the City not divert resources from implementing on the ground projects/process improvements to calculate the information necessary to 7 The posting of Atascadero s SWMP on the Regional Board's web site is at the sole discretion and control of the Regional Board Executive Officer and the City is not responsible for insuring or maintaining Regional Board website to support the annual SWMP report posting. Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 10 113 achieve level 4 outcomes (reducing loads from sources) However, level 4 outcomes are included as measurable goals when information supporting the outcome is readily available (i a volume of trash pulled from creek during creek clean up days) THIS SPACE INTENTIONALLY LEFT BLANK 1410 Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 11 114 1'%" 3 WATER QUALITY BASELINE ASSESSMENT This section provides an overview of the SWMP-related items unique to the City of Atascadero 3 1 STORMWATER MANAGEMENT PROGRAM OBJECTIVES The City has identified the following stormwater management program objectives considering the Regional Boards interpretation of the MEP standard and based on the City's prioritization of the pollutants of concern and development objectives identified by stakeholders: i Maximize infiltration of clean stormwater and minimize runoff volume and rate II Protect riparian areas, wetlands, and other buffer zones III Minimize pollutant loading IV Provide long-term watershed protection V Promote recognition that stormwater and healthy receiving water systems enhance the quality of life VI Balance water quality and economic opportunities VII Promote public participation The overall goal of the City's SWMP is to define a program of BMPs that facilitate the seven objectives above N THIS SPACE INTENTIONALLY LEFT BLANK Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 12 115 3 2 STORMWATER MANAGEMENT JURISDICTIONAL AREA The City is responsible for implementing its SWMP within the area shown in figure 2. .411 4 a� $ I # ``' x4'•:4r z� ypo� C JW C3 4 Figure 2—SWMP Jurisdictional Area 3 3 PROGRAM FUNDING The City, through currently budgeted programs and operations, annually spends over $300,000 a year on storm water related work, including planning, engineering, inspection, maintenance and other operation functions In addition to the operational expenditures, the City currently has $486,590 programmed for storm water related capital improvements. The City, however, is currently experiencing a significant budget shortfall and an uncertain financial future Major revenue sources for the City, including sales tax and development income, are in a decline while growth in property taxes, the City's largest revenue source, is stagnant. The City has already taken measures to counteract this economic downturn such as. implementing a hiring chill, reducing operating expenses, adopting a policy of no new programs or expenditures, reducing service levels, increasing fees to residents and increasing financial monitoring Even with these measures, in the current fiscal year, the City is expecting expenditures to exceed revenues by 11% or $2,000,000 Projections show this annual Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 13 116 shortfall will increase to $2,500,000 or (13%) in 200912010 and the City's general fund will be ! Net Income(Loss) required to borrow cash in order to maintain j $1,500,000 current or lesser levels of operations. $1,000,000 ....................... --- --In accordance with City financial policies 1 $500,000 ..... _._._. _ ..................................................... regarding additional programs or service levels, 11 (and in fact in accordance with the City's $. q ${500,000) —._..---._ economic realities an additional funding or Y 9 work for storm water related Items requires ! $(1,000,000) ------- --- - corresponding cuts in other City services such ----- as police, fire, recreation, or parks The City will '. continue to evaluate and prioritize the most $(2,000,000) — —` -- important storm water related work based on i $(2,500,000) - -------........... .................... ..... available funding. This may mean that some proposed BMPs will not be started or ! C 1r� 11 1� 1� completed The City will not add new SWMP ti° �°°anti° ° ry ° ����ti�'°° °tia�ti°ry°1,�tio ry°1ti�tio programs when the City's budget deficit exceeds 5% of General Fund expenditures and or reserves dip below 20% of annual general Figure 3-Net Income(Loss) fund expenses. The City will provide the Regional Board with budget information to justify its operational decisions. The City believes this is a prudent approach (spend dollars on the highest priorities) given the unprecedented economic conditions currently being experienced The City believes cost is an important and essential tenant of MEP that cannot be ignored, namely economic considerations. The City will evaluate the proposed SWMP programs to ensure minimum operational levels are not sacrificed in order to implement The City's storm water work prioritization methodology is described in greater detail in Section 2. The City will continue to seek ways to reduce implementation costs. Examples of potential costs savings include• ■ sharing information and training costs with nearby permitted communities ■ partnering with non-profits ■ evaluating success of receiving grant funding opportunities and applying for Federal, State and regional grants with high likelihood of award ■ utilizing free federal, regional and state service programs (such as the LID center) 3 4 LAND USE PRINCIPLES Atascadero is framed on the east by the Salinas River and on the west by the Santa Lucia Mountains. The land use in the City is presently a combination of residential, commercial, office professional, industrial, public facilities, agriculture, and parks and open space Residential land uses make up the single largest land use category in the City and it is expected, under the General Plan (adopted June 2002, Updated June 2004), that the population within the City limits will grow to about 36,000 people by 2025 Out of concern for environmental protection and resource conservation, the City's general plan was developed using smart growth principles.The City intends to retain the historic Colony land use pattern of a central downtown,ringed with residential neighborhoods that transition into lower-density rural areas Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 14 117 The City's downtown area has linear commercial corridors along EI Camino Real and Morro Road The City *400, plans to focus mixed uses and moderate densities into this downtown corridor to preserve natural resources and open space in the rural density areas surrounding the urban core Figure 4 shows the city limits, designated redevelopment areas, colony boundary, urban service line and urban reserve lines and the distribution of zoning Cify of Atascadero ` Zoning Diagram -- ddcpbd &11311007 ➢, 1. ` ,fit' lei 4. •...«•. tY %S. s Mme,' ,»..y`M'Ey__ 5 s.',aa .PPL;y..!h!t.M!n!!!f.4!w.+•r:•ww.ayrc .dl F` vpueGlL��,lfWION�ah'H 't./' vy jj uu:a•nn airs wwxua t .»�. t�'��1 � a.�f�E aearvxrme� f } Figure 4—Zoning 3 5 SURFACE WATERS This section provides an overview of the location, beneficial uses, pollutants of concern and social issues surrounding each of the surface water located within the City limits The City of Atascadero contains three major named creeks Atascadero Creek, Graves Creek, and Boulder Creek(a tributary to Graves Creek) These creeks are located within creek reservation parcels established Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 15 118 ,r. with the original recording of the Atascadero Colony subdivision in 1913 These parcels are designated as open space and no new development can occur within these parcels. There are 60 parcels in total ranging in width from approximately 50-feet to in excess of 250-feet and were sized to capture a majority of the riparian area within the reservation boundaries In total, the City contains 170 46 acres of creek reservation parcels surrounding Atascadero, Graves, and Boulder creeks. The creek reservation parcels, in conjunction with an additional 20-foot setback (from the creek reservation boundary to any new structures), protect the major waterways within the City Based on Atascadero's topography, the City includes over 70 blue-line creeks which feed into Atascadero Creek, Graves Creek, Boulder Creek, the Salinas River, and/or complete their own watershed These creeks are primarily located on private property zoned for a variety of uses. All blue-line creeks and the Salinas River are protected by the 20-foot creek setback as measured from each side of the ordinary high water mark. A majority of the Salinas River is also located within parcels owned and managed by the Atascadero Mutual Water Company, providing added protection from intensive development. The only permitted exceptions to the current creek setback regulations require a Conditional Use Permit and must be approved by Planning Commission In this situation, the Planning Commission must find that creeks, riparian areas, and site improvement will not be negatively impacted by the exception based on information provided by a qualified biologist and Geotechnical engineer Atascadero is located in the Salinas River Watershed. The Salinas River, Atascadero (shown as Hale Creek in the figure below), Graves and Paloma Creeks, and Atascadero Lake are surfaces water bodies that lie within the City boundaries. They are considered part of the Salinas Hydrologic Unit, Paso Robles Hydrologic Area, and Atascadero Hydrologic Sub Area and all ultimately drain into Monterey Bay Iftow Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 16 119 °t 4�p;` C x' t ,�171 " 4•,, ��� r � ��� }iii', t?' Qa.. X Figure 5—Salinas Hydrologic Unit(Exhibit by California Watershed Portal) 3.5.1 Salinas River The Salinas River defines the eastern boundary of the City, which abuts mostly rural residential land use and some single-family neighborhoods Many of these parcels are owned and managed by the Atascadero Mutual Water Company The River originates in south San Luis Obispo County and flows northwesterly into Monterey County through the Salinas Valley and empties into Monterey Bay, totaling approximately 180 miles (290 kilometers) The flow past Atascadero is seasonal and is dictated by localized rainfall and controls at San Luis Reservoir (near Santa Margarita) Mean monthly flows are commonly in excess of 400 cubic feet per second (cfs) during January through April, but the River rarely contains any measurable surface flow in June through November The City of Atascadero contributes 0.3 percent of the Salinas River tributary area. Available monitoring data indicate water quality impairments in the Salinas River watershed are primarily associated with agricultural land uses and groundwater pumping Recent studies have shown the upper Salinas River is impaired for Chloride and Sodium and targets agriculture and urban runoff as a potential source. The Salinas River is listed as an impacted water body on the Regional Board's 303(d) list. Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 17 120 The beneficial uses for the stretch of the Salinas River between the Salinas Reservoir and the Nacimiento River, as defined by Region 3 Basin Plan, are MUN, PRO, AGR, GWR, REC1, REC2, WILD, COLD, WARM, SPWN, MIGR, RARE and COMM See Section 2.1 for an explanation of beneficial use labels 3.5.2 Graves Creek Graves Creek begins north of the City and flows southeast to Monterey Road before flowing north on the east side of hi hwa 101 before'oinin the Salinas River north of town. sr " � 4 ;+ R v, a T Frr 3 4 . sr, t Figure 6—Graves Creek Tributary Area(Exhibit by California Watershed Portal) The Regional Board has not yet defined the beneficial uses for Graves Creek and limited water quality monitoring exists for the Creek. 3.5.3 Paloma Creek Paloma Creek begins south of the City and flows northeast, crossing under 101 at Santa Barbara Road before joining with the Salinas River Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 18 121 s � C a �s v^� va ,CA �6 Figure 7—Paloma Creek Tributary Area(Exhibit by California Watershed Portal) The Regional Board has not yet defined the beneficial uses for Paloma Creek and no known water quality monitoring exists for the Creek. 3.5.4 Atascadero Creek Atascadero Creek runs from Cerro Alto to the Salinas River The Creek parallels Highway 41 within the City limits. The tributary to Atascadero Creek is shown in Figure 8 Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 19 122 µ V N i( fi g `.Y f^1v kn T Figure 8—Atascadero Creek Tributary Area(Exhibit by California Watershed Portal) Atascadero Creek is listed as an impacted water body on the Regional Board's 303(d) list due to low dissolved oxygen levels and high levels of indicator bacterial (fecal coliform) Available monitoring data were unable to identify the likely sources of these pollutants. Low dissolved oxygen levels are typically associated with excess nutrients while potential sources of fecal coliform bacteria include sewage, domestic pets and wildlife. A significant contributor to both impairments is the ephemeral nature of Atascadero Creek. Typically as water levels begin to wane, temperatures begin to rise Pools within the watershed become stagnant and because pools capture suspended sediment, they frequently have high nutrient loads. The combination of excess nutrients and too little oxygen result in limited resources for creek inhabitants The beneficial uses of Atascadero Creek as defined by Region 3 Basin Plan are. MUN, AGR, GWR, REC1, REC2,WILD, COLD, SPWN, RARE and COMM As all sampling of Atascadero Creek occurs below Atascadero Lake. It is unclear if the results are skewed by lake water quality issues during times when the lake is spilling into Atascadero Creek. 3.5.5 Atascadero Lake Atascadero Lake is the centerpiece of Atascadero Lake Park. The Lake Park is open year- round and includes a walking path that follows the edge of the lake, playground, restroom facilities, large and small barbecue areas, horseshoe pits, sand volleyball court and the Charles Paddock Zoo A location map is provided in Figure 9 below Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 20 123 rk aya 41ti 101 .,VWj0 Id, Cole ell gAO'v4p A Ito, Figure 9—Atascadero Lake(Exhibit by Google) Atascadero Lake is fed by an upstream ephemeral creek and water diverted from Atascadero Creek. However, both creeks lack enough year-round flow to prevent infrequent algae blooms and fish die-offs in the lake. These unpleasant incidents occasionally occur during prolonged periods of hot summer temperatures. Without intervention, the Lake would undergo the process of eutrophication, i e turn into a pond and then ultimately a meadow The USGS states that eutrophication is a process whereby water bodies, such as Atascadero lake, receive excess nutrients that stimulate excessive plant growth (algae, periphyton attached algae, and nuisance plants weeds), often called an algal bloom. Algal blooms diminish dissolved oxygen in the water when dead plant material decomposes and can cause other organisms to die While nutrients can come from many sources, (fertilizers applied to agricultural fields, golf courses, and suburban lawns, deposition of nitrogen from the atmosphere, erosion of soil containing nutrients, and sewage treatment plant discharges), the bulk of nutrients in this lake are believed to be a result of the indigenous duck population Because the community is resistant to reduce the duck populations and the City wants to maintain the lake as a lake (and not a meadow), the City has taken steps to improve water quality, including increasing the lake's dissolved oxygen levels by installing Solar Bees to increase water circulation, reducing lake temperatures and the update of nutrients by installing floating wetlands, using portable power aerators, supplementing lake inflows through with well Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 21 124 `err water inflows, posting signs discouraging duck feeding and periodically relocating domestic waterfowl to reduce source of nutrients. The City currently tests the lake water during summer months to monitor dissolved oxygen levels. The beneficial uses of Atascadero Creek as defined by Region 3 Basin Plan are MUN, GWR, REC1, REC2, WILD, COLD, WARM, NAV, and COMM 3.5.6 Other Tributaries Atascadero has over 70 miles of"blue line"streams. The majorities of these streams are located on private property and have not been characterized. This SWMP includes consideration of these lesser known, and in most cases, unnamed streams within the City limits 3 6 POLLUTANTS OF CONCERN The list the potential pollutants of concern initially evaluated consisted of typical pollutants found in urban runoff, the pollutants identified in the Central Coast Ambient Monitoring Program (CCAMP) report, pollutants listed on the Regional Boards 303(d) list for the surface water bodies within the City limits or immediately downstream of the City, and those identified during the "Upper Salinas Water Quality Assessment"meeting hosted by the Regional Board on July 8, 2008 The Central Coast Ambient Monitoring Program (CCAMP) has two monitoring site relevant to the City One site was located on the Salinas River at the Highway 41 Bridge The other location was at Atascadero Creek at Highway 41 Characterization data was collected at these sites between February 1999 and March 2000 Supplemental testing took place during the summer months to capture dissolved oxygen time- relative information. A map of the sampling locations and water quality characterization reports is available in Appendix B The complete report can be found at:http.//www.ccamp.org/ Table 2 identifies the pollutants of concern that ranked as 'priority' for this SWMP using the ranking and prioritization process discussed in Section 2.2. This SWMP plan will focus on BMPs that are oriented to address these pollutants. Table 2—Priority Pollutants of Concern RECEIVING WATERS POLLUTANT OF CONCERN ATASCADERO ATASCADERO PALOMA CREEK SALINAS RIVER GRAVES"CREEK CREEK LAKE Low Dissolved Oxygen X X x Indicator Bacteria X (Fecal Coliforms) Nutrients x Chloride X Sodium X 'Based on single sampling event. Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 22 125 The likely sources of these pollutants of concern for the City are as follows: Low Dissolved Oxygen There have been no studies conducted in the city's receiving waters to clearly identify the source of the low dissolved oxygen (DO) levels. While DO levels are known to fluctuates naturally in waters, DO levels such as observed in monitoring are typically associated with nutrient enrichment or water stagnation Nutrients can come from many sources, such as fertilizers applied to agricultural fields, golf courses, and suburban landscapes; deposition of nitrogen from the atmosphere, erosion of soil containing nutrients, and sewage treatment plant and septic system discharges domestic pets and wildlife. Water stagnation is common for the creeks in the region due to their ephemeral nature Typically as water levels begin to wane, temperatures begin to rise Pools within the watershed become stagnant and because pools capture suspended sediment and attract thirsty wildlife, they frequently have elevated nutrient loads The combination of excess nutrients and too little oxygen result in limited resources for aquatic creek inhabitants BMPs included in this plan to address low dissolved oxygen conditions include. PE1-PE6, PP2-4, ID1-3, COM 3, PC1-4, GH1-3 Indicator Bacteria There have been no studies conducted in the city's receiving waters to clearly identify the source of the high indicator bacterial (Fecal Coliforms) levels. Although indicator bacteria are not necessarily dangerous to humans, their presence in streams indicates that the water is contaminated with fecal waste from warm- blooded animals (such as wildlife,domestic livestock, humans and pets) BMPs included in this plan to address indicator bacterial concerns include PE1-PE6, PP2-4, ID1-3, CON1- 3, PC1-4, GI-11-3 Nutrients High levels of nitrogen in waters can produce harmful algal blooms. In turn, these blooms can produce "dead zones" in water bodies where dissolved oxygen levels are so low that most aquatic life cannot survive Typical activities that contribute to high nutrient loads include over fertilization, domestic and wild animal waste, nutrient rich runoff from impervious surfaces and discharge from treatment plants and septic systems BMPs included in this plan to address high nutrient concerns include. PE1-PE6, PP2-4, ID1-3, CON1 3, PC1-4, GI-11-3 Chloride The RWQCB's 303(4) lists agriculture, pasture grazing, and riparian and/or upland urban runoff as the potential sources of chloride in the Salinas River BMPs included in this plan to address chloride concerns include. PE1-PE6, PP24, ID1-3, CON1-3, PC1-4, GH1-3 Sodium The RWQCB's 303(d) lists agriculture, pasture grazing, and riparian and/or upland urban runoff as the potential sources of chloride in the Salinas River BMPs included in this plan to address sodium concerns include PE1-PE6, PP24, ID1-3, CON1-3, PC1-4, GH1-3 Table 3 identifies the pollutants of concern that ranked as'secondary for this SWMP Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 23 126 Table 3—Secondary Pollutants of Concern RECEIVING WATERS POLLUTANT OF CONCERN ATASCADERO ATASCADERO PALOMA CREEK SALINAS'RIVER GRAVES CREEK -CREEK LAKE Sediments X X X X Trash X X X Oils and Grease X Pesticides&Herbicides X X X X X Pollutants of concern removed from further consideration include pathogens, heavy metals, polycyclic aromatic hydrocarbons, Chlorophyll a, pH, and Salts. Pursuing BMPs that focus solely on these pollutants will dilute the funding and efforts best appropriated to address the priority pollutants identified by the City However, the actions taken to address Priority and Secondary pollutants may have beneficial positive effects on the above mentioned removed pollutants of concern (i a street sweeping may remove sediments that have pathogens, polycyclic aromatic hydrocarbons, salts and heavy metals attached ) 3 7 BEST MANAGEMENT PRACTICES As discussed in Section 2.3, BMPs were evaluated and ranked to identify and focus efforts on BMPs that would make the most of the cities limited funding Table 4 lists the BMPs removed from consideration for each of the minimum control measures. Table 4-BMPs Dismissed from Further Consideration(this permit cycle) SWMP PROGRAM AREA BMPS DISMISSED FROM RATIONALE FOR REMOVAL FURTHER CONSIDERATION Public Education and Cost of implementing BMP perceived as not have a reasonable Outreach Promotional Giveaways relationship to the pollution control benefits to be received.Anticipated lack of public support for program. This BMP ranked lower than the other Public Participation BMPs based on the perception that attitude surveys work best if the information they Public Participation Attitude Surveys provide is used to tailor the approach of the stormwater program.Given the significant number of mandatory tasks during the first permit cycle and perceived inability to modify the program based on survey results, this BMP was eliminated for this permit cycle. Illicit Discharge Detection and None Not Applicable Elimination Construction Site Given that the State provides criteria for SWPPP certification and Stormwater Runoff Contractor training and monitoring,the City believes that expending additional funds on this Control certification BMP is not warranted. Post Construction Stormwater None Not Applicable Management Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 24 127 Pollution Prevention/Good The City does not apply road salts to its roads. The City uses sand Housekeeping for Road Salt Application which is swept up during street sweeping activities. Municipal Operations Table 5 shows the BMPs that were designated as priority BMPs. All of these BMPs are mandatory based on the General Permit requirements or on Region 3 specific requirements. Table 5—Priority BMPs(this permit cycle) SWMP PROGRAM AREA BMP TITLE Public Education and PE3 Homeowner Outreach Outreach PE4 Business Outreach Public Participation PP1 B Provide Legal Notice ID1 Tracking Records&Database Illicit Discharge Detection and ID2 Education and Training Elimination ID3 Illicit Discharge Ordinance CONI Discretionary Review Tools(other regulatory mechanism) Construction Site Stormwater Runoff CON2 Construction Site Inspection&Enforcement Control CON3 Construction Site Complaint Mechanism PC1 Post Construction Ordinance PC2 Discretionary Review Tools Post Construction PC3 Construction Stormwater Management Site Inspections Stormwater Management PC4 Post Construction Stormwater Management BMP Maintenance Inspections PC5 Protect Riparian Areas,Wetlands Buffer Zones Pollution GH2 Municipal Activities Prevention/Good Housekeeping for GH3 Municipal Facilities Municipal Operations BMPs ranked as'Secondary BMPs are provided in Table 6 below,grouped by ranking category Table 6—Secondary BMPs(this permit cycle) RANK BMPTITLE 1 PE1A Collaboration with SLO Co.Partners for Water Quality Group 1 PE1 B Support Groundwater Guardian efforts 1 PE1C Support SLO Green Build efforts Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 25 128 *4001, RANK BMP TITLE 1 PE1D Support Tree City USA organization efforts 1 PE2 Public School Outreach 1 PE5A Pet Waste Management 1 PE6 Establish Resource Library 1 PP2 Storm Drain Marking(via public participation,marking required per attachment 4) 1 PP3 Community Creek Clean Up Day 1 P135 Collaborate with technical advisory committee 1 GH1 Municipal Employee Training and Education 2 PE513 Promote TNR Program 2 PP4 Develop'adopt a street'and'adopt a creek'programs The SWMP includes all Priority and Secondary BMPs. Secondary BMPs will be implemented as funding becomes available Re-ranking of BMPs will occur at the onset of each SWMP review cycle or if deemed appropriate by the municipality (for example, a secondary BMP may be promoted to a a 'priority bmp' based on newly identified concerns or as grant funding opportunities are identified Priority BMPs will not be re-categorized as secondary BMPs. 3 7 NATURAL ENVIRONMENT PROTECTION POLICIES The City's general plan currently includes a number of policies and programs to support and protect Atascadero's natural environment and support the continued health of the many creeks, streams, and water bodies located within the City The General Plan's goals and policies focus on both the preservation of sensitive natural areas and Atascadero's watershed The Following Goals, Policies, and Programs are listed in the City's 2002 General Plan and are currently implemented by staff during the review of all development projects The following guiding principles and programs focus on protection of Atascadero's watershed and sensitive natural areas, by minimizing site disturbance and grading of these riparian areas. GOAL LOC 5. PRESERVE THE CONTOURS OF THE HILLS. BUILDINGS BUILT ON HILLSIDES SHALL CONFORM TO THE TOPOGRAPHY USING THE SLOPE OF THE LAND AS THE BASIS FOR THE DESIGN OF THE STRUCTURE. Policy 5.3 Prevent unnecessarily intensive grading of development sites. Programs 1 Update and maintain the Municipal Code to require grading plans prior to any site disturbance wr,r 2. Limit grading to the minimum area necessary to accomplish site development. Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 26 129 GOAL LOC 8 WATERSHED AREAS OF ATASCADERO SHALL BE PROTECTED Policy 81 Ensure that development along Atascadero Creek, Graves Creeks,the Salinas River, blue line creeks, and natural springs, lakes, or other riparian areas does not interrupt natural flows or adversely impact riparian ecosystems and water quality Programs 1 Work with other agencies to implement the Erosion Control Assistance Program for review of development proposals to minimize sedimentation of creeks and the Salinas River 2. Update the Appearance Review Manual to include provisions for preserving, reclaiming and incorporating riparian features in conjunction with new development. 3 The waterways in the City shall be maintained in a natural state and concrete channelization creeks shall be prohibited. 4 The City shall strongly discourage underground piping, and unnecessary disturbance of creeks and streams, and encourage use of bridges and arched culverts. Any alterations required for public safety will be guided by this policy 5 Allow flood protection measures (such as selective brush cleaning), low-impact trail development, streambed maintenance and bank protection along streams where appropriate with necessary permits. 6 Prohibit new structures or disturbance of riparian habitat along creek banks except for restoration purposes. 7 Maintain a current GIS-based map of the riparian areas within Atascadero 8 Prior to permit approval, refer projects along blue-line creeks to the Corps of Engineers, Department of Fish and Game, Regional Water Quality Control, and Upper Salinas-Las Tablas Resource Conservation District. 9 Creek reservations and the Salinas River shall be preserved for open space and recreational use, with appropriate areas left in their natural state for public enjoyment and habitat purposes. Any recreational use of the River and creeks shall minimize its impact on the habitat value and open space qualities of the creeks. 10 Land disturbance shall be minimized in proximity to watercourses including necessary flood protection measures, such as selective brush clearing, and low-impact trail development. Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 27 130 11 Areas subject to flooding, as identified through flood hazard overlay zoning and flood maps, shall be protected from unsound development consistent with the City's flood hazard ordinance requirements. 12. Wellhead and Aquifer Recharge Area Protection Zones The City shall adopt and maintain an ordinance that identifies existing and potential well sites and aquifer recharge areas, including sufficient buffers to protect them from contamination The ordinance shall define restricted and prohibited land uses within the well protection zones and provide for the review and approval by both the City and the Atascadero Mutual Water Company of any project or development within the specified zones. The ordinance will establish a policy to provide for the monitoring of activities within these protection zones. 13 Support the establishment and protection of floodable terraces, wetlands, and revegetation along creeks and streams. Policy 8.2- Establish and maintain setbacks and development standards for creek side development. Program 1 Adopt and maintain a creek setback ordinance that will establish building setbacks and development standards along the banks of Atascadero Creek, Graves Creek, blueline creeks and the Salinas River to ensure the uninterrupted natural flow of the streams and protection of the riparian ecosystem with flexible standards for the downtown area Responsibility- CDD, Planning Commission, City Council Timeframe Adopt Ordinance in 2003 2. Prior to adoption of a creek setback ordinance an interim 20-foot creek setback shall be in effect along Atascadero Creek, Graves Creek and all other 7 5 min USGS quadrangle blueline creeks as follows. a) On Atascadero Creek and Graves Creek setbacks shall be measured from the edge of the creek reservation b) All other blueline creek setbacks shall be measured from ordinary high water mark. c) The Planning Commission may approve exceptions to the interim creek setbacks in the form of a Conditional Use Permit if the finding can be made that creeks, riparian areas and site improvement will not be negatively impacted by the exception Policy 8.3 Preserve public creek reserves for public access, and ensure that recreational use does not impact habitat value and open space qualities. Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 28 131 Programs 1"001 1 Develop park, trail, and recreational amenities where appropriate in public creek reserves. 2. Require the dedication of trail easements and access points as part of subdivision maps or development permits consistent with the Circulation Element. Policy 8 4 Review and regulate all proposed on-site wastewater disposal systems to protect public health and water quality Programs 1 Update and support a Memorandum of Understanding or similar agreement between the City of Atascadero and Regional Water Quality Control Board regarding the standards for the design, approval,exception process, installation, and maintenance of on-site wastewater disposal systems. 2. Require percolation testing of all proposed subdivision lots that will not be served by sewer 3 The City's Sewer Master Plan shall address sewering areas with a high concentration of existing lots below 1/2 acre and areas with extremely severe soil percolation constraints Policy 8.5 The City shall implement a stormwater control program consistent with the requirements of the National Pollutant Discharge Elimination System (NPDES) Permit Program (Phase II). Programs 1 Adopt and implement an Urban Stormwater Quality Management and Discharge Control ordinance 2. Include design guidelines to minimize impervious surfaces and decrease off-site storm flows in the Appearance Review Manual. 3 New development shall be required to maintain historic off-site storm flows unless improvements are made that maintain historic downstream and upstream flows. 4 The City will develop a stormwater master plan including shared detention facilities. 5 Require Erosion Control Plans and Stormwater Pollution Prevention Plans (SWPPP) for development on sites of 1-acre or more and on smaller sites with slopes over 10% 6 The City will continue to notify project applicants and actively inspect sediment and erosion control mitigation measures from October 15 to April 15 of each year Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 29 132 GOAL LOC 10 CONSERVE ENERGY AND RESOURCES BY PREVENTING OR CORRECTING DEGRADATION OF THE ENVIRONMENT Policy 10.1 Ensure efficient and adequate solid waste disposal by reducing waste volumes through recycling and other methods. Programs 1 Pursuant to State law, institute a program to achieve maximum recycling of waste products generated by the community 2. Continue to reduce solid waste through source reduction, curbside recycling, green waste collection, and recovery, in cooperation with the Integrated Waste Management Board (SLO IWMA) 3 Encourage recycling programs at City facilities, projects, and programs to the maximum extent feasible 4 Support actions which conserve energy and encourage energy conservation. Consumption of non-renewable resources should be minimized Renewable resources should be recycled or replenished Policy 10.2 Support ongoing water conservation efforts fir• Programs 1 Coordinate water conservation programs with AMWC 2. Consider expansion of reclaimed water use 3 Encourage the incorporation of water conservation measures in new development. Policy 10.2 Support ongoing water conservation efforts. Programs 1 Coordinate water conservation programs with AMWC 2. Consider expansion of reclaimed water use 3 Encourage the incorporation of water conservation measures in new development. Policy 10.5 Encourage soil conservation by minimizing grading and preventing erosion. Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 30 133 Programs 1 Require soil retention and erosion control as conditions of approval for development projects 2. Amend the Municipal Code to require sediment and erosion control measures on projects, consistent with NPDES requirements. GOAL SFN 5 REDUCE THE POTENTIAL FOR HARM TO INDIVIDUALS AND DAMAGE TO THE ENVIRONMENT FROM HAZARDOUS MATERIALS. Policy 5.1 Reduce the potential for exposure to humans and the environment from hazardous substances. Programs 1 Require business that use, store, or transport hazardous materials to ensure that adequate measures are taken to protect health and safety Policy 5.2: Reduce the potential for pesticide exposure to humans and the environment. Programs 2. Ensure the emergency first responders and dispatch operators know to contact the County Agriculture Commissioner's Office for technical assist5ance in the event of a pesticide-related emergency 3 Work with pesticide applicators (including commercial users and homeowners) to ensure necessary measures are taken to protect health and safety 4 Provide information and technical guidance to encourage implementation of Integrated Pest Management strategies. 3 8 CITY MAINTAINED FACILITIES The City maintains several types of facilities. 3.8.1 Public Parks The City maintains the regional Lake Park Complex including playground equipment, barbecues, picnic areas, the lake and grounds, Paloma Creek Park Sports Complex and Playground, Traffic Way Park, Sunken Gardens Park and the Historic Administration Building grounds. These parks are maintained by the City's Park Division A map of City maintained parks is provided in Appendix B 3.8.2 Landscaping around Public Building and Lift Station Facilities Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 31 134 **Mr The City manages the landscaping of City Hall, the Police Station, Fire Stations, Charles Paddock Zoo, Lift Stations, and Maintenance Buildings. A map of City maintained facilities is provided in Appendix B 3.8.3 Public Streets The City manages the landscaping of the City medians, planters and parkways The City also repairs, rehabilitates and maintains public roads. 3 9 CITY DEPARTMENTS AND COORDINATION City Departments will work together to implement this SWMP A brief description of each City Department that will be involved in SWMP implementation is included below- Community Development Department The Community Development Department administers the City's General Plan, Zoning Ordinances, Appearance Review Manual, International Building Code, International Fire Code, Native Tree Ordinance, Affordable Housing Program and California Environmental Quality Act (CEQA) The department's purpose is to ensure the orderly and logical development and growth of the City of Atascadero, while preserving the community's unique quality of life, rural character and natural environment. The Department provides technical analysis and recommendations to the Planning Commission and City Council on community development and land use issues. Www► Public Works Department The Public Works Department functions include three primary divisions they are Administration, Engineering and Operations Section The Department has 25 full time employees. The Administration Division provides the following services. ■ Coordinates all Public Works activities ■ Interacts with other agencies ■ Transit Services ■ Administers the contract for solid waste collection, disposal and recycling ■ Administration of the Community Development Block Grant(CDBG) Program The Engineering Division provides the following services- In-house engineering services for the Capital Projects Program, which includes funding, design and administration of City construction projects ■ Review and approval of private development plans submitted to the City ■ Inspection of public improvement construction projects and onsite grading and drainage for private developments ■ Oversight of all traffic issues, including signage and striping, studies and traffic safety ■ Management and implementation of Atascadero's Stormwater Management Program ■ Technical and Engineering support for Wastewater The Public Works Operations Section is divided into 4 Divisions, which are Streets, Parks, Facilities and Wastewater Operations. Atascadero SWNIP Initial Public Review January 9,2009 Preliminary Draft Page 32 135 ■ Streets Division is responsible for 140 miles of roads and 14 bridges, including road surface repair and maintenance, center medians, traffic signals, traffic control devices and signs, traffic markings and striping, various curb painting, drainage structures, tree trimming and brush cutting. This Division also provides pick-up and disposal of dead animals, responds to all emergency situations, provides 24-hour stand-by coverage and performs over 70 different maintenance activities. ■ Parks Division provides for City parks, street trees, medians and City grounds.The facilities include Atascadero Lake Park Complex, including playground equipment, barbecues, picnic areas, the Lake and grounds. The Division is responsible for the Lake Water Quality Program,maintaining the Paloma Creek Park Sports Complex and Playground, Colony Park, Sunken Gardens Park, Stadium Park and the City Administration Building grounds. The Parks Division also maintains and manages various City owned open space areas, creek reservations and trails ■ Facilities Division is responsible for the maintenance, repair and operation of all City Buildings including the Historic City Hall, City Hall Annex, Police Station, Fire Stations 1 and 2, Pavilion, Zoo Buildings and new Colony Park Community Center This Division has adopted a proactive approach to building care by implementing a maintenance and replacement program prior to a problem occurring This preventative maintenance approach has helped to minimize the cost of building maintenance and has increased the level of service to the buildings. ■ Wastewater Division protects public and environmental health and safety by providing wastewater collection and treatment service to approximately one-half of the City's residences as well as commercial and industrial customers The Wastewater Division maintains a 2.39 million-gallon per day wastewater treatment facility, over 60 miles of pipeline, and 13 wastewater-pumping stations. The division also reclaims water for irrigation of the Chalk Mountain Golf Course Staff in different Divisions of this Section work together to capitalize on manpower for needed projects. Cross training and transferring between sections occurs periodically to provide an efficient and flexible staff to meet the public's needs. Community Services Department The Community Services Department functions include Recreation, Facility Management and the Zoo The department consists of the Recreation and Zoo Divisions. The department is responsible for the management and planning of the parks, Lake Pavilion and the new Colony Park Community Center The staff provides administrative support for the Parks and Recreation Commission Staff also serves as a liaison to the San Luis Obispo Zoological Society Board of Directors, Youth Task Force, Visitors and Conference Bureau (VCB) Board and the City's Tourism Committee. Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 33 136 �Mrr 4 STORMWATER MANAGEMENT PROGRAM REQUIREMENTS This section briefly defines the best management practices that are designed to reduce the discharge of pollutants from municipal separate storm sewer systems (NMS4s") to the maximum extent practicable The best management practices are implemented under one of six minimum control measures established by the General Permit. 4 1 PUBLIC EDUCATION AND OUTREACH The Public Education Minimum Control Measure of the Small MS4 Permit (adopted April 30,2003)requires the Permittee "to implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of stormwater discharges on water bodies and the steps that the public can take to reduce pollutants in stormwater runoff" The purpose of this minimum control measure is to inform the community about steps they can take to improve the local water quality Because numerous development, personal and property rights issues that have impacts to water quality have been contentious in the past, the City seeks to use the public education program to help build consensus and support for the Stormwater Management Plan. The City has identified the following Public Education and Outreach Goals. ► Increasing the level of knowledge and awareness of specific industries and target audiences to water quality related issues. ►l Forming partnerships with other regulated small MS4s. ►►► Providing public recognition and incentives to highlight water quality efforts and achievements. The following strategy will be followed to implement the Public Education and Outreach Goals • Target materials in a variety of formats towards specific members of the Community i. Homeowners ii. Commercial Activities iii. School Aged Children iv City employees • Target materials towards specific pollutants of concern • Partner with other municipalities and stakeholder groups were possible to implement regional wide programs and conserve limited resources. • Establish resource library A table summarizing Public Education and Outreach BMPs is provided in Table 7 Implementation details are provided after the summary tables 7a through 7g. 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E co a. ± [ / 7 � � ± 0 E [ « E 2 m E . , L§ 875e8 \ f � f } w� ) v co ƒ w I R - � m2 �m � � § . 9 Ln � ) \\ ± ( / IL *t U / 30 to� � \z 140 Table 7a—PEI Partner with Other Municipalities and Stakeholder Groups Title PE1 Partner with Other Municipalities and Stakeholder Groups when appropriate) Task: Use collaborative regional partnerships to leverage shared resources Purpose Distribute stormwater pollution prevention public education and outreach information, materials and activities. BMP Details. In conjunction with the SLO County Partners for Water Quality, collaborate with countywide coalition of regulated MS4s to protect and improve water quality through stormwater pollution prevention. The coalition meets regularly to discuss stormwater issues of interest and concern The coalition also shares resources and co-sponsors public events and other water quality activities. See http.//www.slocounty.ca.gov/PW/Stormwater/Partners for more information on the program In conjunction with the Atascadero Mutual Water Company- a. Support the Groundwater Guardian program to raise community awareness about groundwater issues, implement educational programs to inform citizens about responsible water use, and coordinate activities with local agencies and organizations already involved in water-related issues. See http.//www.groundwater.org/active/community.asp?id=13 for more information about the program. b Support the Our Water, Our World campaign to provides the public with information about less toxic pest management and less toxic pest controls See http.//Www.ourwaterourworld2MI for more information about the program c. Provide an area for SLO Green Build to maintain an informational kiosk that contains information regarding green building and the SLO Green Build certification process. d Maintain standing as a member of the Tree City USA organization, as appropriate. Implementation Year 1 —5. Participate in majority of SLO County Partners for water quality Milestones. meetings, Meet with AMWC semi-annually to coordinate support opportunities, Provide space for SLO Green Build to maintain a kiosk at the City Permitting Help Desk, maintain standing with Tree City USA organization Data Collected Coordinate with partnerships. Assessment Confirmation Identify coordination efforts. Measures Tabulation. Number of events attended Goals targeted Partner with other municipalities and stakeholder groups where possible to implement regional wide programs and conserve limited resources. Target materials towards specific members of the Community- All Establish resource library Pollutants All SWMP Objectives. VI Targeted Notes: Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 38 141 Table 7b—PE2 Public School Outreach Title PE2 Public School Outreach Task: Provide schools with educational materials, conduct classroom presentations Purpose Emphasize to students in the 4th grade why stormwater is important. Program includes the identification of stormwater impacts to local water bodies and ecosystems,what kids and their families can do to prevent stormwater pollution and what watershed stewardship service opportunities are available BMP Details. In conjunction with the partners for water quality and presented by a credentialed educator,this BMP provides an in-classroom stormwater pollution prevention presentation aligned with State curriculum standards and entitled "Where Does That Water Go?"The program uses a 3D interactive model to teach children about the relationship of their behaviors at home and school, to the storm drain and impacts on the receiving waters and aquatic wildlife See http.//www.siocounty.ca.q_ov/AssetFactory.asox?did=16119 for more information on the program. Implementation Year 1 Identify private learning institutions within the City that have 4th grade students. Milestones. Implement program in one public, private learning institution, reaching at least 30%of the 4th grade students at that institution, if access is allowed Year 2-5 Increase student participation 20%each year if participation is under 50%, if access is allowed by the public/private schools. Data Collected. 1 The number of 4th grade students that attend public, private learning institutions _40# within the City limits. 2. The number of public, private learning institutions within the City limits. Assessment Tabulation. Number of Schools targeted, Percent of 4th grade students within the City Measures. limits that participated Goals targeted Partner with other municipalities and stakeholder groups were possible to implement regional wide programs and conserve limited resources Target materials towards specific members of the Community- School Age Children. Establish resource library Pollutants All SWMP Objectives. II, III, IV, V, VII Targeted Notes This program has been developed to complement existing curricula standards. However, schools have significant limitations on time available for outside programs and may be hesitant to accept this BMP We hope that by focusing on one school early on,we will have testimonials from that school to assist in gaining access to other schools. Ultimately, the ability to broaden the program is limited on school acceptance Depending on school acceptance and success of this program, the program may be reduced or expanded The City will support and conduct this BMP until such time as the school district is covered by its own stormwater management plan Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 39 142 � %Wow Table 7c—PE3 Homeowner Outreach _PE3 Homeowner Outreach Task: Target outreach materials towards homeowners. Purpose Increase awareness of water quality issues and achieve voluntary compliance with discharge regulations BMP Details Develop and distribute materials by tailoring existing materials towards City of Atascadero environment using community-based social marketing techniques. Specific areas of action include common behaviors known to generate stormwater pollution ■ Chlorinated water discharge options. ■ Landscape Care ■ Car washing ■ Proper disposal of household hazardous wastes ■ Water Conservation Practices ■ Alternatives to Toxic Substances ■ Pest Control ■ Pet Waste Management ■ Septic Systems Depending on the subject and funding availability, materials will be placed at strategic locations, provided on the City's web site, included in "Atascadero Magazine" (mailed to all City addresses yearly)or promoted on the City of Atascadero TV Channel 20 The City will partner yearly,or as funding is available,with other agencies to promote NPDES-compatible workshops within City limits (i.e greywater harvesting,water conservation, sustainable landscapes) Implementation Year 1 Landscape and pet waste management behaviors An assessment of the Milestones: need to prepare bilingual materials will be made based on census data. Year 2-5 Remaining topics at a rate of two per year,with priorities based on public feedback. Data Collected Develop or modify existing outreach materials to address the common behaviors known to generate stormwater pollution and determine the best venues to distribute developed materials Assessment Confirmation Identify target audiences Identify materials were developed and venues Measures for distribution Tabulation Identify how many brochures were distributed per location. Goals targeted. Target materials towards specific members of the Community- Homeowners. Establish resource library Pollutants All SWMP Objectives. I, II, III, IV,V,VI,VII Targeted: Notes: Placement of brochures at strategic locations (i.e chlorinated water discharge brochures next to pool chemical supplier inventory, etc) must be approved by local suppliers.Where not allowed,the City will document efforts to establish collaboration with local suppliers to gain understanding of the business's adversity to allowing it. Channel TV 20 promotions will be used as long as the City Council supports the on- going availability of the channel. NOW Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 40 143 Table 7d—PE4 Business Outreach 4000, Title PE4 Business Outreach Task: Target outreach materials towards businesses Purpose Increase awareness of water quality issues and achieve voluntary compliance with discharge regulations BMP Details: Develop and distribute materials by tailoring existing materials towards City of Atascadero environment using community-based social marketing techniques. Specific areas of action include common business types known to generate stormwater pollution ■ Landscape care ■ Mobile cleaners(pet wash, carpet cleaning, auto detailers, pressure washing, etc) ■ Contractors ■ Automobile maintenance ■ Pest control ■ Restaurants ■ Kennels and vets ■ Dry Cleaners The City will partner yearly with other agencies to promote NPDES-compatible workshops within City limits i e. iPM systems, sustainable landscapes) Implementation Year 1 Landscape and pest control behaviors An assessment of the need to Milestones: prepare bilingual materials will be made based on census data. Year 2-5 Evaluate success of previous year efforts by observing percent of `*o' targeted business's who are implementing recommended BMPs. Remaining topics at a rate of two per year,with priorities based on public feedback and observed stormwater violation trends Data Collected- Develop BMP fact sheets/brochures. Quantify number of business reached. Assessment Confirmation Measures: Identify target audiences. Identify materials were developed. Tabulation Quantify number of businesses where information was distributed Goals targeted. Partner with other municipalities and stakeholder groups were possible to implement regional wide programs and conserve limited resources. Target materials towards specific members of the Community See details list above Establish resource library Pollutants All SWMP Objectives. 1, 11, III, IV,V,VI,VII Targeted: Notes- Notice of Violations will be tracked under IDE3a and additional businesses may be added or removed from the list of targeted businesses to reflect sources of pollutants as they are identified The initial list of targeted business will be based on public review and feedback. New businesses license applications will be evaluated for suitability to incorporate into program. Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 41 144 Table 7e—PE5 Animal Waste Title PE5 Animal Waste Task: Target outreach materials towards animal owners and creek side residents. Purpose Increase awareness of water quality issues associated with animal waste BMP Details: Encourage pet owners to properly dispose of their animal's waste by launching public education campaigns that inform pet owners about the importance of cleaning up after their pets. Signs and "mutt mitts"will be placed at all public parks. The City will promote and support the North County Humane Societies"Trap, Neuter, and Return"program to reduce the feral cat populations within the City See http.//www.sionchs.org/programs.htm for more information on the North County Humane Society programs. Implementation Year 1 Place mutt mitt stations at 50%of public parks. Develop, in conjunction Milestones. with North County Humane Society, appropriate measurable goals and timetables to reduce the feral cat population within the City limits and available City funding Year 2. Place mutt mitt stations at 50% of public parks. Begin feral cat TNR program if private funding is available or after the City budget experiences two ears of increasing reserves. Data Collected. Develop BMP fact sheets/brochures Assessment Confirmation. Measures: Identify target audiences. Identify materials were developed. Tabulation. Number of feral cats spayed or neutered or relocated to appropriate locations Goals targeted Partner with other municipalities and stakeholder groups were possible to implement regional wide programs and conserve limited resources Target materials towards specific pollutants. Pollutants Fecal Coliforms SWMP Objectives. Il, III, IV, V, VII Targeted Notes. The TNR program has been used successfully in the past to reduce the feral cat population in Atascadero. The program is effective but expensive to implement and may have political hurdles to address. The focus of this BMP will be on Atascadero Creek. Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 42 145 Table 7g—PE6 Establish Resource Library ' Title PE6 Establish Resource Library Task: Provide information related to stormwater management Purpose To disseminate more detailed public education on stormwater controls. BMP Details Establish web page with stormwater management educational materials, links to relevant design aids (Construction site BMP and LID technique manuals)and forms for the public to report problems. Implementation Year 1 Establish and promote web page Milestones. Year 2. Coordinate with Technical Advisory Committee(see PP5) to determine best available manuals and required edits to address City of Atascadero specific concerns and priorities Year 3. Incorporate recommended manuals into City standards, code, and public education materials. Year 2-5 Update and promote web page Data Collected Web site usage. Adoption of Construction Site BMPs and LID techniques manual Assessment Confirmation Measures: Identify web site developed, link to reference manuals and a form for the public to provide input or complaints are included.Web site promoted Identify data manuals were adopted Tabulation. Number of web site hits, percent increase in web site hits over time Respond to 100% of the inquiries received with 24 hours(72 hours if on the weekend Goals targeted Partner with other municipalities and stakeholder groups were possible to implement regional wide programs and conserve limited resources. Target materials towards specific pollutants. Establish Resource Library Pollutants All SWMP 7141 I Targeted Objectives: Notes The City of Atascadero will participate with a county-wide Technical Advisory Committee, if established. Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 43 146 4 2 PUBLIC INVOLVEMENT / PARTICIPATION PROGRAM The Public Involvement / Participation Minimum Control Measure of the Small MS4 Permit require the Permittee to comply with applicable State and local public notice requirements and to determine the appropriate BMPs to • Broaden public support by promoting citizen involvement in the development and decision making process. ■ Shorten implementation schedules. ■ Broaden the base of expertise and economic benefits. • Provide a conduit to other programs The purpose of this minimum control measure, per EPA fact sheet 2.4 is to have citizens help to develop the program. Citizen inclusion into the process is anticipated to reduce legal challenges and encourage citizens to take an active role in the programs implementation. Additionally, cross-connections and relationships with other compatible programs can reduce plan implementation costs and energy by spreading efforts across a greater number of programs. The City has identified the following Involvement/Participation Goals: I Incorporating public values, assumptions and preferences into water quality-related decision-making processes. *44W11 Encouraging volunteerism and feedback of water quality related issues. The following strategy will be followed to implement the Involvement/Participation Goals: • Host biennial stakeholders meeting to review, assess SWMP program progress and modify the SWMP program to reflect citizen priorities. • Encourage community clean up, education and monitoring efforts • Establish Adopt a Street/Creek Program A table summarizing Public Involvement/Participation BMPs is provided in Table 8 Implementation details are provided for each BMP after the summary table in table 8a through 8e. Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 44 147 a a) U Wo 15 (n m LLI Z a>i v W 3 a o p. U o U X X Z X X X X OW X Q CD —Jx X m Z- X X ° a +� Z �"' cc X xLij x m X X m J N X X X c a. X r X X X c En En -C- =o s m �' is G nc CO c ccs � c $ .a O O G `may a) :ry~ O O d d Z rG 'O O N E a, G N C -Op co p Q.G ul . cn O 0 'D b N G CL O CO 0. Q N t •t gco cc a) E C6v a N m 0 W w 8 • O v e r 3 n� o coo y v c v Lu cn c > m ac U ni c a -0 W o opo N J N CD 0 =3 m o o :R y 7 m 7 C Sa C p N 'C 0co _ CD C ` 0 �{} 'OLS ca. Q ..- O Y 'd CL N �zi o > 50 co Q N d- CL COo O a 0 co oc o CD X- ��. a' Xmc c a� Ed 0 3 m rs' o o U a o d > > 'Scn d a5 Z CCC n a-n rn ui v '? a`> N fl v o m a CIL 11 r— ca y an o0 m `a) n.1 CC G N N w Um N ooo a 3 45 co Q °� 7 a- Z U) w O LLI LUn 2fn @ W~ a) O o LL � cc � cEn ct M cv oa. d CL m �? a � o c� �a m o aNi � p W O v o 9 W �c a � V o U X X rn�� 0 r W m L X N J CtS .V N O (NCO "fl 0) O LP y p G v N ctsCJ @ G [U? O d y p.. N `L 4 m o ami p z -CO- m yco @ o N c o N c d d co cu; @ cram � � ics " N c w- u; c`6 J � m mc= =�Gc� o ai oa �Q Owl D `° co p d a> o c N m y`a� � cs -0 m � � � � a- c � cc V ani °,--' -0 co d I o co e ni .c z c � 0 o N w d g m UA v °' y m a `�° o c c0� a� o m = °3 a c m c o o` b o v o -W fl a`3 ei � m aoi d� p Ria d caa a� � o •� my 'r> 3 acE fE > o-- a o = W —co w 00 o o CO vo m o w co T-4 V"O j Oar p�j O r N N N G 'G 3 v O �' d N '7 �� m U v �_ � •O G O N m C �p p co CI (Q o � 3al o � U1 (i � [4 tt ?7 c6 r O a)co O C V t!7 -O � Ir- NulY ccc v 20 Ul o v co dg C- o N i E O n. 1 Table 8a—PP1 Stakeholder Meetings Title PPI Stakeholder Meetings Task: Conduct biennial stakeholder meetings. Purpose Informed and solicit feedback from stakeholders of water quality issues in their community, assess SWMP program progress and modify the SWMP program to reflect citizen priorities and MEP standards. BMP Details. Identify stakeholders,schedule and promote meeting. Facilitate discussion and revise programs as necessary Implementation Year 1, 3, 5 Identify stakeholders, schedule and promote meetings. The Year 1 Milestones. meeting will consist of the SWMP Regional Board adoption process. Years 1-5 Post annual report and provide mechanism to receive public comments Stakeholder meetings,with appropriate legal notice,will be held prior to implementation of any proposed ordinances Data Collected. Number of citizen interests represented in stakeholder group Record of material resented and feedback received Assessment Confirmation Measures. Identify stakeholders meeting was publicized and held, minutes taken. Tabulation. Number of events held and number of attendees. Goals targeted Incorporating public values, assumptions and preferences into water quality- related decision-making processes `.. Encouraging volunteerism and feedback of water quality related issues. Pollutants All SWMP I-VII Targeted I Objectives- Notes- Meetings will be advertised on City Website, via e-mail through the Lycos system set up by RWQCB and in the local paper Posting will be placed in accordance with public notification policies. See Section 2.6 for program effectiveness review and report details. Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 47 150 Table 8b—PP2 Storm Drain Markings Title PP2 Storm Drain Markings Task: Mark 100%storm drains with message relating inlets to receiving waters. Purpose Raise awareness about the connection between storm drains and receiving waters and to deter littering, excess fertilizer use, dumping, and other practices that contribute to stormwater pollution BMP Details. Establish a program to comprehensively address storm drain marking of existing storm drains, actively recruit volunteer groups to help, and facilitate volunteer groups that take the initiative to undertake a marking project. Identify an appropriate and affordable means of thanking volunteers Modify City standards drawing 502, 503 and 504 to require inlet marking for all new storm drains proposed Implementation Year 1 Identify storm drain inlets without markings. Incorporate information into Milestones. current storm drain GIS system. Mark 20%of unmarked inlets. Year 2: Modify City standards 502 through 504 Mark 20% of unmarked inlets Year 3-5 Mark 20% of unmarked inlets. When all inlets are marked, inspect and re-mark inlets as needed Data Collected Number and location of existing storm drains present within City limits Number of volunteers solicited Number and location of new storm drains installed within City Limits. Assessment Confirmation Measures Identify storm drain marking program created and publicized Record approach of providing recognition to volunteers. Verify that City Standards have been revised. Tabulation. Number and percent of storm drains marked by volunteers. Percent of new storm drain inlets verified to include approved storm drain markings. Goals targeted Encouraging volunteerism and feedback of water quality related issues Pollutants All SWMP II, III, IV, V, VII Targeted- Objectives: Notes: Program will focus storm drain marking projects to occur on one day of each year Storm drains located in areas considered"high risk"will be marked using City crews. Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 48 151 Table 8c—PP3 SLO County Creek Day Title PP3 SLO County Creek Da Task: Encourage individuals or groups to volunteer their time to improve water quality of designated creeks within the City Limits. Purpose Allow concerned citizens to become directly involved in water pollution prevention, educate members of the community about the importance of stream water quality; improve water quality of creeks targeted BMP Details Creek Day is an existing County wide collaborative effort to help keep SLO County beautiful and trash free The City will provide participant materials and support as necessary to assure a successful Atascadero effort. Partner with other agencies (Upper Salinas Las Tables RCD and Atascadero Mutual Water Company)to assure an Atascadero Creek is included in community creek clean up days. Implementation Year 1 —5 Participate and promote county wide creek clean up day Milestones. Data Collected: Volume or mass of material collected Number of participants in local effort. Measures taken to promote event. Assessment Confirmation. Measures: Identify event was held, how it was publicized and what support the City provided. Tabulation. Volume or mass of material collected Number of participants. Increase participation in program each year Goals targeted Encouraging volunteerism and feedback of water quality related issues. Pollutants All SWMP II, III, V, VII Targeted Objectives- Notes: Only stretches of creek accessible to the public will be included in this BMP 1001 Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 49 152 Table 8d—PP4 Adopt a Creek/Road Program Title PP4 Adopt a Creek/Road Program Task: Implement programs that provide public recognition for individuals or groups volunteering their time to improve water quality Purpose Increase public awareness of water quality issues, promote active participation of watershed citizens, and reduce pollutants in the watershed. BMP Details. Identify priority stretches of creeks and roads suitable for diverse participation (i.e public access, no known safety concerns, etc). Create a map of areas up for adoption and protocols for the program Create informational packets for distribution to interested organizations. Order materials Publicize program. Implementation Year 1 Identify priority stretches of creeks and roads suitable for diverse Milestones: participation (i.e. public access, no known safety concerns, etc) Create map of areas up for adoption and protocols for the program Year 2. Create informational pack, order support materials. Solicit one organization for participation in demonstration project. Year 3 Adopt lessons learned from demonstration project. Edit materials accordingly Promote program. Establish baseline participation metrics. Year 4-5 Increase program participation each year Data Collected- Number of reaches adopted. Volume or mass of material collected. Record of enhancement made weeds pulled, trees planted, etc Assessment Confirmation Measures. Identify materials were developed and program was publicized. Tabulation Number of reaches adopted. Volume or mass of material collected. Record of enhancement made weeds pulled,trees planted, etc Goals targeted- Encouraging volunteerism and feedback of water quality related issues. Pollutants All SWMP ll, III, IV, V, Vil Targeted- Objectives Notes: This program will apply towards public roads and publicly accessible stretches of creek/streams If program is successful, increase the physical extent of the program to address lower priority stretches of creeks and roads. Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 50 153 Table 8e—PP5 Technical Advisory Committee(TAC) Title PP5 Technical Advisory Committee(TAC) Task. Utilize local expertise (environmental, development, municipal representation) to review stormwater program. Purpose Provide for continuous improvement based of technical review of stormwater program elements. BMP Details. Explores issues related to regulatory programs, proposed legislation,funding alternatives and identifying regional consensus for stormwater management programs to support water quality protection in the Regional Implementation Coordinate with SLO Partners for Water Quality- Details. Year 1 In collaboration with other municipalities, develop application and committee member selection criteria Recruit and select TAC members. Determine appropriate sub committees and committee by-laws. Year 2. In collaboration with other municipalities, evaluate and make recommendations for region specific construction pollution prevention and LID design standards manual. Identify and prioritize regional priorities. Year 3—5 Address timely and technical water quality topics based on priorities established and at the request of the SLO County Partners for Water Quality Group Data Collected. Number of participants and areas represented on TAC Meeting records. Assessment Confirmation Measures. TAC formed Meetings held. Recommendations made. Tabulations: Number of meetings attended. Goals targeted Encouraging volunteerism and feedback of water quality related issues. Pollutants All SWMP I, II, III, IV, VI Targeted Objectives: Notes Efforts will be collaborated with other members of the SLO Partners for Water Quality and the Regional Water Quality Control Board to establish a county-wide forum.The City will have representation on the TAC team, if a team is formed. www Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 51 154 4 3 ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM Illicit discharges are defined to be any discharge to an MS4 that is not composed entirely of stormwater, unless allowed through an exception process(such as discharges from fire-fighting activities) The Illicit Discharge Detection and Elimination Program Minimum Control Measure of the Small MS4 Permit require Permittees to ■ Develop a storm drain map, showing the location of all outfalls and the names and locations of all waters of the US that receive discharges from those outfalls. ■ Establish an ordinance or other regulatory mechanism, to prohibit the discharge of non-stormwater into the MS4 The ordinance must include appropriate enforcement procedures and actions. ■ Develop a plan to detect and address non-stormwater discharges, including illegal dumping into the MS4 ■ Educate public employees, businesses and the general public about the hazards associated with illegal discharges and improper disposal of waste The purpose of this minimum control measure, per EPA fact sheet 2.5 is to eliminate non stormwater from entering into MS4s. Non stormwater often contributes high levels of pollutants, including heavy metals, toxics, oil and grease, solvents, nutrients, viruses and bacteria to receiving waters These pollutants threaten the health of the receiving water body and those that depend on it. The City has identified the following Illicit Discharge Detection and Elimination Program Goals. ►. Increase awareness of the storm drain and receiving water system ii Increase awareness of public employees, businesses and the general public about the hazards associated with illegal discharges and improper disposal of waste. in. Eliminate illicit discharges through education, enforcement and acceptable alternatives. The following strategy will be followed to implement the Illicit Discharge Detection and Elimination Program Goals: • Develop a GIS-based storm drain and receiving water atlas and use it to identify and track problem areas, required maintenance and discharge violations. • Educate public employees, businesses and the general public about the hazards associated with illegal discharges and improper disposal of waste • Develop an Illicit Discharge Detection and Elimination ordinance • Dedicate staff time towards the inspection of non-stormwater discharges from culvert outfalls The City has identified the following categories of non-stormwater discharges or flows to be potential contributors of pollutants to the MS4 • Irrigation water ■ Effluent from septic tanks and/or failing sewer lines • Fire and water line flushing ■ Outdoor restaurant mat/floorlpatio washing • Individual residential car washing • Street Wash Water ■ Chlorinated swimming pool discharges Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 52 155 Iwo, Not all of the categories above are regulated by the City Only those that are regulated will be addressed in this IDDE section The remaining categories are addressed in Minimum Control Measure 1 Public Education and Outreach and include efforts to reduce non-stormwater discharges associated with individual residential car washing and street wash water originating from pressure washers and steam cleaners and in Minimum Control Measure 4 Construction Site Stormwater Runoff Control Program for efforts to reduce non-stormwater discharges associated with street wash water originating from construction activities such as saw cutting slurry Categories of illicit discharges identified as non-significant contributors of pollutants to the MS4 are provided in Table 9 Table 9—Non-Significant Contributors ILLICIT DISCHARGE RATIONALE FOR DETERMINING DISCHARGE IS A NON-SIGNIFICANT CONTRIBUTOR OF POLLUTANTS Protocols are established that address chlorine residuals prior to them entering the MS4 If water lines need flushing or if they break,the line may be flushed to the atmosphere if Water line flushing de-chlorination tablets are used to neutralize the chorine or the water is directed to a stabilized landscaped area. All de-chlorinated discharges shall be appropriately permitted. Air Conditioning Condensates This type of discharge is required to be re-infiltrated. The City does not have the authority to authorize any work that involves diverting stream Diverted stream flows flows.State and Federal permits define how stream diverting work will be performed. The City requires proof of these permits.If proof cannot be made,the City issues a stop work order and notifies all relevant permitting authorities. The City does not permit the pumping of uncontaminated groundwater to the City storm Rising ground waters drain unless the discharger has a valid NPDES Permit for the discharge.In some instances the City may permit pumping uncontaminated groundwater into the sanitary sewer collection system. Uncontaminated ground water This type of discharge is required to be re-infiltrated or in limited circumstances infiltration conveyed into the sanitary sewer Groundwater may be pumped from construction sites during excavation.The City does Uncontaminated pumped not permit the pumping of uncontaminated groundwater to the City storm drain unless ground water the discharger has a valid NPDES Permit for the discharge.In some instances the City may permit pumping uncontaminated groundwater into the sanitary sewer collection s stem. Discharges from potable This type of discharge is required to be conveyed to a stabilized landscape area and water sources infiltrated. Foundation Drains This type of discharge is required to be conveyed to a stabilized landscape area and infiltrated. Water from springs is considered uncontaminated unless identified otherwise Identified sources of contaminated groundwater are remediated.New sources of contamination Springs are sometimes discovered during excavation that occurs in new development and redevelopment.When a contaminated site is discovered,the City implements procedures to require site remediation and to bring the site into compliance with applicable regulations. Water from crawl space This type of discharge is required to be conveyed to a stabilized landscape area and pumps infiltrated. Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 53 156 ILLICIT DISCHARGE RATIONALE FOR DETERMINING DISCHARGE IS A NON-SIGNIFICANTCONTRIBUTOR OF POLLUTANTS Footing drains This type of discharge is required to be conveyed to a stabilized landscape area and infiltrated. Contaminants may be introduced into riparian habitats and wetlands by human activities. The City utilizes a number of BMPs to protect wetland areas,such as restricting access, Flows from riparian habitats prohibiting activities that may be harmful to the habitat area,and removing trash and and wetlands debris from these areas.Flows from riparian habitats and wetlands can become contaminated if they come into contact with contaminants.When contaminates are found in a wetland or riparian habitat area,BMPs are used to prevent contact with surface flows. The list of Illicit Discharge Detection and Elimination Program BMPs is provided in Table 10 Implementation details are provided for each BMP after the summary table in table 10a through 10c. Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 54 157 � 'E E F- \ f£ �« , 2o e = s �� 1 � / 0 , a s t >- E . \ \ / ± E E \ } / < , & 2LO x x x O - x x x x x % � x x x x \\ .ƒ . -j2 x x x x 7LU / cu m . § - . x x x x \ m a CD � k 2 \ _ . \ m kj \ \ E / . 7Co / 7 UJ 0 / § \ / \ 7 � _ U o E � o b \ ~ § ® CD ca § Q 2 = 222 _ � � 2k \ $ � 7 / Ra Cl) k � � CL 3: 0 � - mo = m % » n ƒ W5 R o oe± � § a � e �: E } e / & o = $ t _ � 2 � ƒ 7 g _ 2 CLo) m 8 _ � L) en .� w « kf \ / m � / \ � # E36 / fC%l k0 ƒ 2 02 22 £ ± § / 2 / 2 ) \f S / ' 33 � - - E ƒ & ) , \ \ /\ k m 7 z \ 5 LU � � $ $ § ±e D .2 227 % / # & & C:) _ � c a)M t » � 7 / � ° > m � \ -0 cia em & 22 \ w F- 275 2 & t .2 ƒ� % k7E £ / 2c G aka 3 a � � f �2 / ) .fad � � 0 � � \ / \� \ ƒ § \ « � 7 � CL CD as ƒ gq � 2i D CID 22 / 0 2 G � / / \ 2 a2 = / \ \ LU � S & 'n Co § / - � � , 2 § \ \ e0 £� i . k \ 3 \ \ .3 \ 7 \ R e CL C*4 \ f 3 0 o kz 158 Table 10a—ID Tracking Records and Databases Title ID1 Tracking Records and Databases Task: Develop a GIS-based storm drain and receiving water atlas. Purpose Allow for geospatial analysis of trends in illicit discharge activity and reduce pollutant loading delivered to receiving waters through illicit discharges. BMP Details. Identify location and characteristics of all storm drain outlets and their receiving water bodies. Incorporate contributing land uses, potential pollutant sources and risks to receiving waters. Identify priority of outlets based on known problem areas and suspected"hot spots." Determine baseline data of extent of illicit discharge problem Establish complaint reporting mechanism (phone line and internet based form) and procedures for routing complaints. Create IDDE reporting form to log complaints and resolution Implementation Year 1 Identify data gaps and focus on completing inventory of outlets associated Details: with Atascadero Creek. Prioritize and create a plan to address remaining areas with data gaps Create IDDE reporting form to log complaints and resolution Develop response protocols. Data Collected. Number, location and IDDE priority of storm drain outlets. Report and resolution mechanisms. Assessment Confirmation Measures. Identify GIS system and IDDE reporting mapping and system that was developed. Establish, maintain and promote a phone line and web site based complaint reporting mechanism. rrr Tabulation Number of high risk outlets identified Confirmation that 100% of high risk outlets have stormwater stencil on the inlets. Number and result of dry weather inspections conducted Number of person hours dedicated to dry weather inspections Number and types of complaints received, method of complaint, investigation, pollutants or activity involved, response time and resolution provided, confirm follow up inspection took place Percent of outlets identified as a problem from year to year Goals targeted, Increase awareness of the storm drain and receiving water system, Increase awareness of public employees, businesses and the general public about the hazards associated with illegal discharges and improper disposal of waste, Eliminate illicit discharges through education, enforcement and acceptable alternatives. Pollutants All SWMP II, III, IV Targeted- Objectives. Notes. This BMP is tightly coordinated with BMP ID2 Education and Training Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 56 159 Table 10b—ID2 Education and Training Title ID2 Education and Training Task: Develop or utilize existing training program and guidelines for maintenance and code enforcement staff Purpose Standardize spill response procedures and procedures on how to locate,eliminate and prevent illicit discharges. BMP Details. One hour training sessions will be conducted biennially and be developed I oriented towards City field crews. City field crews and emergency response personnel will be represented in the development of the training and response procedures. Procedures will include documentation of types of illicit discharges, educational pamphlets prepared/provided to offenders and thresholds and steps to trigger enforcement, if necessary Procedures will be documented in pocket sized guide On alternative years, a segment no less than 10-minutes will be dedicated to the IDDE program during other NPDES training topics being covered Develop procedures for tracing the source of an illicit discharge, and develop plant to detect and address illicit discharges. Dedicate staff time to conduct dry weather monitoring of high risk outlets and to update mapping and database with information from IDDE reporting form. Implementation Year 2- Provide in-house training to present IDDE procedures and increase Details: awareness. Solicit feedback of field crews and revise program as necessary Year 3-5 Conduct dry weather inspections of 100% of high risk outlets year Promote public complaint process. Year 4 Provide in-house training to present IDDE procedures and increase awareness. Review results(fines, improvements, etc) made as a result of violations observed and reported during year 2 and 3 Solicit feedback of field crews and revise program as necessary Year 5 Reduce reported illicit discharges by 80%while actively promoting public complaint process. Data Collected Training modules used/developed Number of attendees at training session(s) Result of evaluation form from attendees, results from classroom quizzes, percent improved before and after survey/quiz. Assessment Confirmation. Measures: IDDE focus training took place. Document improvements made to the program Tabulation Number of attendees. Results from evaluation forms, pre and post test. Goals targeted. Increase awareness of the storm drain and receiving water system. Eliminate illicit discharges through education, enforcement and acceptable alternatives. Pollutants All SWMP II, III, IV,V Targeted Objectives: Notes. The implementation of this BMP will be coordinated with the AMWC The phone line will be established and promoted in year 1 If the number of calls to the phone line by year 3 is significant,a separate"hotline"will be established. Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 57 160 Table 10c—ID3 Illicit Discharge Ordinance Title ID3 Illicit Discharge Ordinance Task: Define and prohibit illicit discharges into the storm sewers stem Purpose Reduce illicit discharges to protect receiving water quality BMP Details Define what constitutes an illicit discharge Establish responsibility and authority to enforce illicit discharge violations, verify tracking system developed in IDI is suitable for tracking needs. Implementation Year 3 Draft Ordinance will be developed, provided for public review and Details. adopted. Year 4 Ordinance will be implemented and enforced throughout the term of the permit. Enforcement actions will be documented and included in the Annual Report. Data Collected Review and modification/adoption of revised/new codes to address illicit discharge concerns. Assessment Confirmation Measures. Illicit discharge ordinance adopted (year 3)or modifications made to other ordinance to address illicit discharges, Goals targeted. Increase awareness of the storm drain and receiving water system Eliminate illicit discharges through education,enforcement and acceptable alternatives. Pollutants All SWMP II, III, IV, V Targeted I Objectives. Notes: IDDE Ordinance will be distributed for public review with at least one public workshop to solicit public input prior to adoption. 1%W Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 58 161 4 4 CONSTRUCTION SITE STORMWATER RUNOFF CONTROL PROGRAM Construction sites have the potential to affect storm and receiving water quality The Construction Site Runoff Control Program Minimum Control Measure of the Small MS4 Permit seeks to, or eliminate where possible, the pollutants contributed from construction sites by requiring that Permittees. ■ Establish an ordinance or other regulatory mechanism, to require the implementation of proper erosion and sediment controls, and controls for other wastes, on applicable construction sites, consistent with SWRCB GCASP ■ Have procedures for site plan review of construction plans that are consistent with applicable SWPPP and considers potential water quality impacts • Have procedures for N01, SWPPP verification, site inspection and enforcement on control measures ■ Have sanctions to ensure compliance ■ Establish procedures for the receipt and consideration of information submitted by the public. The City has identified the Construction Site Runoff Control Program Goals. I Increase awareness public employees, businesses and the general public of the pollutant potential of construction sites. II Reduce the pollutant load generated from construction sites. The following strategy will be followed to implement the Construction Site Runoff Control Program Goals. ■ Include erosion and sediment control plan review into the discretionary review process. ■ Educate City employees, businesses and the general public about the potential pollutants associated with construction sites. ■ Develop an ordinance to or other regulatory mechanism, to require the implementation of proper erosion and sediment controls, and controls for other wastes, on applicable construction sites. ■ Utilize standardized construction site inspection checklists that include erosion and sediment controls, and non-stormwater discharges. ■ Track inspection and enforcement actions. The list of Construction Site Runoff Control Program BMPs is provided in Table 11 Implementation details are provided for each BMP after the summary table in table 11 a through 11 c. Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 59 162 C C � O 4) C LLIO O EC_ Z CD > > O N W CD (D0 O D J E U U o U Z Ln X X X X 0 ,W :m --tX X X a zLLJ a m2111 X X X X c'om oN m d ~ NX X X X X of a �L ca cn r X X X X X d m vi _o m o U - 0 _ as o 0 0CD ` � c N O O U a) m m w o f Q N > C p in U Z o U E D o as u, ' o O 2 c J m E CD � .N � � o o Co N 'U p Y Co m N C U C Q W a) o cn m _' aci aUi "vi E c a» c U (6 Z,'D O E m O c aci E o m 2 o 0 E a) n. CL 22 N > U c c c a>iL o c = aoi J t) c c s a) a) oou o = v O E m a`� n n 3 NOW c H 2 � c CD U w � o v o a) $ a) O m = 0 W (CO N o L 0 Q Cl p C N d N o v� c N N c Cn o o c n o 'o CD 14 'v c 3 2 G U E m - o m N C O d 8 -0 •0 N - C .D L O O N N fa N N ff N 42 > cu 5; N O Q � 'o, f O p M C C CD O U p p O > p w U W U2 Co c U o U a o o � ` o Q m aw Qm0o r C_ M Co N N � M o �cO ZoOm OOCL om c c ai N V c U E oiU U L) V E C_ v5 p C) E U U W r� F- � N C ~ C co O` a) O (a a) W "voi C o `m Z o C= � N.- o D m E o U — E a) L) c6 21 caU U U O U L Ctr_ N -a U) =3 C N E p C C m W cao W E W 2 N � a3i F- a o � wm a a) E� o CD ui U) WN co CD � � C�° Cc° s � o p a) C Uy W Ch W N o n Ca o - 3 c o a`ni `6 M Q U o v o Cv a (D a o o c N c Z !- m c N a- a) _ - Q'V. a) aciE0 'n � � � cam2 mc E Q„I C p C O N 'D 2 'D pN C i; N C 2 EUU pOn..0y nC wO Cdm U w U E O ?, N tO -o c 0Ek IZOU Z L) U ¢ a 163 Table I I —CON 1 Discretionary Review Tools Title CON 1 Discretionary Review Tools Task: Define minimum E&SC requirements, establish plan review checklist. Purpose Establish minimum requirements to implement for construction site operators to comply with GCASP to control construction-related discharges. BMP Details. Review local codes for E&SC requirements to verify that E&SC plans are required for all projects that trigger a grading permit, that reference is made to an adopted E&SC design guide and a progressive enforcement policy is in place Develop Standard Conditions of Approval and informational brochure related to E&SC practices Train new plan reviewers on E&SC plan check requirements to ensure that project will include BMPs needed to be in conformance with adopted manual or City Engineer's approval. Require E&SC responsibilities as a topic in pre- application meeting Implementation Year 1 Identify local codes for E&SC requirements and identify needed Details: Ordinances and Standards revisions if appropriate Confirm E&SC plan triggers are appropriate Verify all plan checkers have received training related to E&SC practices Year 2: Ordinances and Standards required revisions adopted if needed Develop Standard Conditions of Approval and an informational brochure related to E&SC practices Year 2—5 Track reporting data.Train plan reviewer staff as necessary Data Collected Review and modification/adoption of revised/new codes to address E&SC plan requirements. Number of grading permits Number of E&SC plans requiring revision. Assessment Confirmation Measures: Review and modification of codes made, if needed E&SC brochure prepared and distributed. Tabulation. Percent of grading permits issues that included E&SC plans. Goals targeted Increase awareness public employees, businesses and the general public of the pollutant potential of construction sites. Reduce the pollutant load generated from construction sites. Pollutants All SWMP II Ill, V Targeted Objectives. Notes: Revisions to Grading Ordinance, if required, will be distributed for public review prior to adoption.At least one public meeting to solicit public input will be held if revisions are required *Not Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 61 164 Table 11 b—CON 2 Construction Site Inspections and Enforcement Title CON 2 Construction Site Inspection and Enforcement Task: Define Construction Site Inspection and Enforcement Protocols Purpose Eliminate construction related discharges. BMP Details. Document active/inactive construction sites and minimum inspection frequencies, including pertinent project information such as owner, contractor, start and completion dates, size in acres, inspection date, inspection findings, complaints received and City response to address complaints Establish standard field inspection forms and follow up procedures. Verify inspection staffs are trained in construction site stormwater and water quality related issues. Develop informational brochure related to proper E&SC field practices. Require E&SC responsibilities as a topic in pre-construction meeting Post links to Contractor E&SC training opportunities on City web site Require Construction Site to post hotline number on site Implementation Year 1 Develop construction site field review checklist, including verification of Details. submission of NOI and on-site maintenance of SWPPP, and an informational brochure related to proper implementation of E&SC practices. Require pre-construction meetings be held for Major Grading projects (>500 cubic yards disturbed) Year 1 —5 Inspect project sites, as needed,subject to General Construction Permit and SWPPP requirements for compliance. Track reporting data. Train inspection staff as necessary Update web site with links to Contractor E&SC training opportunities. Data Collected. Review and modification/adoption of revised/new codes to address enforcement requirements. Number and type of corrective and enforcement actions taken Number of referrals to RWQCB Number of repeat offenders and/or problem areas identified. Assessment Confirmation Measures- E&SC field practices brochure prepared and distributed. Document that construction site inspection staff has a minimum 1-hour training/refresher course every year related to proper E&SC/stormwater handling on construction sites and the active/inactive construction sites are tracked Tabulation. Number of inspection, number and type of enforcement actions taken, percent of major vs minor enforcement actions, percent of enforcement actions taken year to year; number of referrals to RWQCB and repeat offenders/problem areas identified, number of inspectors trained; number and percent of projects that had pre-construction meetings for construction site stormwater management. Surveys. Results from inspection training evaluation forms pre & post class testing Goals targeted. Increase awareness of pollutant potential of construction sites. Reduce the pollutant load generated from construction sites. Pollutants All SWMP II, III, V Targeted Objectives Notes. Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 62 165 Table 11 c—CON 3 Construction Site Complaint Mechanisms Title CON 3 Construction Site Complaint Mechanism Task: Establish Construction Complaint Mechanism,follow up protocols Purpose Eliminate construction related discharges. BMP Details Create and promote stormwater hot line and internet based compliant form. Establish complaint response protocols, including field investigation, data tracking Implementation Year 1 Create and promote stormwater hot line and internet based compliant Details. form. Establish protocols to follow up on construction site issues and with originator of complaint, if known Year 1 —5 Track reporting data. Data Collected Number and type of complaints received through each medium. Corrective and enforcement actions taken. Number of referrals to RWQCB Number of repeat offenders and/or problem areas identified Assessment Confirmation. Measures Review phone line, internet based complaint form created and promoted Tabulation Number of inspections, Number and type of enforcement actions taken Percent of major vs. minor enforcement actions Percent of enforcement actions taken year to year Number of referrals to RWQCB and repeat offenders/problem areas identified Number of inspectors trained Surveys. Follow up with reporter for feedback on action taken Goals targeted Increase awareness public employees, businesses and the general public of the pollutant potential of construction sites. Reduce the pollutant load generated from construction sites Pollutants SWMP All II, III, V,VII Targeted. Objectives: Notes: Phone line and internet based form created as part of ID1 Tracking Records and Databases. Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 63 166 VOW 4 5 POST-CONSTRUCTION STORMWATER MANAGEMENT FOR NEW AND REDEVELOPMENT PROGRAM Post-Construction stormwater management controls implemented in new and re-development projects can significantly reduce the impacts of development to receiving water bodies. The Post-Construction stormwater management controls Program Minimum Control Measure of the Small MS4 Permit seeks to ■ Develop and implement strategies which include a combination of structural and/or non-structural BMPs ■ Have an ordinance or other regulatory mechanism requiring the implementation of post- construction runoff controls to the extent allowable under State law ■ Ensure adequate long-term operation and maintenance of controls The City has identified the Post-Construction stormwater management controls Program Goals: I Increase awareness of public employees, businesses and the general public of the site, source and treatment controls that can reduce the impacts of development/redevelopment to receiving water bodies. II Incorporate good site, source and treatment controls into City code and the development review process III. Assure mechanism is in place for long-term maintenance of post-construction facilities in new subdivisions. The following strategy will be followed to update design standards and codes as necessary to implement the Post-Construction stormwater management control program goals: • Include the site, source and treatment controls plan review into the discretionary review process. ■ Ensure all projects limit clearing of native vegetation to minimum necessary, maximize trees and vegetation, and protect slopes and channels from eroding by conveying runoff safely from tops of slopes, utilizing natural drainages, stabilizing permanent channel crossings and vegetating slopes with native vegetation in accordance with Attachment 4 design standards ■ Apply post construction control standards for the following new and redevelopment projects not "deemed complete8"by the end of year 1 ■ Single-Family Hillside Residences on slopes greater than 10% ■ Automotive Repair Shops ■ Retail Gasoline Outlets ■ Restaurants ■ Home Subdivisions with 10 or more housing units 8"Deemed Complete means upon certification of the project's EIR,when an EIR is required for the project or upon completion of environmental review by staff when an EIR is not required for the project. Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 64 167 ■ Parking lots 5,000 square feet or more or with 25 or more parking spaces and potentially *000 exposed to stormwater runoff ■ New development projects that create 5,000 square feet of impervious area ■ Redevelopment projects that create or replace 10,000 square feet of impervious area except for the following list of exempted projects o Maintenance and utility projects that do not create new impervious areas such as. asphalt overlays, replacement and slurry seals; and installation or repair of subsurface utilities or aerial utilities o Infill sidewalk projects on streets with existing sidewalk. ■ Apply hydromodification control standards (as proposed in Appendix D to this plan) by the end of year 2. (See Appendix C provides the technical basis for the proposed hydrodynamic plan ) Hydromodification controls will be required for all project subject to Attachment 4 requirements with the following exceptions- ■ Public projects that have limited ROW, such as installation of ADA ramps or small retaining walls. ■ For street, road, highway or freeway projects,which are under the jurisdiction of the agency issuing the building permit: sidewalks, bicycle lanes, trails, bridge accessories, guardrails, and landscape features associated with the roadway project ■ Projects that are in areas subject to localized flooding during the storm events for which infiltration or flow duration controls are specified ■ Projects in landslide, liquefaction and soil stability problem areas ■ Projects that drain directly or via a storm drain to a sump • Projects exempted from infiltration requirements include. o Projects or portion thereof,that creates housing affordable to persons of low or moderate income o Projects located within'/z mile of a bus stop or within the established urban service line o Projects where the water table distance separation is less than ten feet. o Projects that take place on an existing brown field or grey field site within a redevelopment area. o Projects with industrial activity or high vehicular traffic[25,000 or greater average daily traffic(ADT) on main roadway or 15,000 or more ADT on any intersecting roadway]. o Projects with recognized situation of impracticality such as unfavorable or unstable soil conditions,or with risk of groundwater contamination because a known unconfined aquifer lies beneath the land surface or an existing or potential underground source of drinking water is less than 10-feet from the surface ■ Educate City employees, businesses and the general public about the potential impacts to receiving water bodies associated with new and redevelopment projects. ■ Develop an ordinance or other regulatory mechanism, to require the implementation of proper site, source and treatment controls, including long-term maintenance of such facilities on applicable new and redevelopment projects to meet Attachment 4 and hydromodification control design standards Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 65 168 ■ Utilize standardized construction site inspection checklists that include post-construction BMP control considerations The list of Post-Construction Site Runoff Control Program BMPs is provided in Table 12. 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E ° E ° °? .c a: Ecco � ° cmU � (noma) a � cmw>' omcucQ cn d o m a m (n o ? 3 cm 0 3: 3 .= 2 3: 0 � oE � -o °-1nE � cmm a) E � nEcuc =) C) oo � > °Oco ° m � CD >ioo $ >, 00mm '� .� aw .0 6) cu U cn E -o "o L F- a (n .o U E E -o cn 0 a o Cl) d r- Z 3 N C aWC W .j E = •L , co y 0C 0 C C _2 Lu c c a mzV w O O N U) E m � � aEi EE CL Q d o.,°� o U) a L (n c O U ° d C ° m 0 0 C _ U E -o a wm Ena a`> co � c Q V U IL *kU) :€ m a a as 171 � . � E W W � a W . 13. c k W/ � x Ir- Lu � . \ ACD � m & _ � co \ Q 2 f 7� f C �� . 0 UJ ƒ \ƒmak �I-- \ fyfF ƒ . LU 3 .. \ /R O t CD e ; \ an CL ©� UA WUJ � \ \ In 2 CO CD IS t 7 k \\ CD Z ° ? ? g O � err' Table 12a—PC 1 Post Construction Ordinance Title PC 1 Post Construction Ordinance Task: Define minimum post construction stormwater requirements. Purpose Establish good site design requirements to protect water quality, receiving waters and watersheds from impact of stormwater discharges BMP Details: Conduct a self audit of existing post-construction program. Identify appropriate minimum post construction design requirements and require that this information be provided by the Applicant prior to the application being considered"deemed complete" Review local codes to identify necessary revisions. Revise or create new codes to address numeric standards for post-construction design requirements and long-term maintenance provisions Identify zoning techniques to promote dense development in urban service line. Develop in-lieu fee options for projects unable to comply with minimum post construction design requirements. Implementation Year 1 Train City development and review staff in good site design and Low Details. Impact Development principals and hydromodification policy Conduct self audit of post construction program. Develop in-lieu fee options. Year 2:Amend or create ordinances and Standards to reflect required revisions adopted Data Collected Review and mod ificationladoption of revised/new codes to address post construction design requirements. Assessment Confirmation Measures: Audit conducted Training held Review and modification of codes made. Pre& Post surveys. Percent of new development projects that incorporate site, source and treatment controls into site design. Goals targeted Incorporate good site, source and treatment controls into City code and the development review process.Assure long term maintenance of post construction facilities. Pollutants All SWMP I-VII Targeted Objectives. Notes. Revisions to Ordinances will be distributed for public review prior to adoption At least one public meeting to solicit public input will be held Proposed in-lieu fee options will be tied to Effective Impervious Area associated with the project and will only be allowed in instances were post construction stormwater requirements are not technically feasible on the site or where the costs to implement said requirements on-site would provide more water quality benefits elsewhere in the watershed New development review and maintenance staff will be trained in LID and post construction management controls as part of their new employee orientation. "Deemed Complete"defined as the point at which environmental review has been completed (EIR certification for larger projects) Vftw Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 70 173 Table 12b—PC 2 Discretionary Review Tools Title PC 2 Discretionary Review Tools Task: Incorporate Post Construction Stormwater Management into the development review process Purpose Reduce volume of runoff and improve runoff quality by design BMP Details. Incorporate post construction stormwater considerations into the CEQA Initial Study checklist. Develop a Post Construction Stormwater Management plan review checklist, Standard Conditions of Approval and informational brochure Train new plan reviewers on Post Construction Stormwater Management plan check requirements Require Post Construction Stormwater Management as a topic in pre- application meeting Adopt or create a LID Design Guidance document. Implementation Year 2.Adopt or create a LID Design Guidance document. Details: Year 3 Revise CEQA initial study checklist. Develop a Post Construction Stormwater Management plan review checklist, Standard Conditions of Approval and informational brochure related to Post Construction Stormwater Management practices. Require Post Construction Stormwater Management as a topic in pre- application meeting Train new pian reviewers on Post Construction Stormwater Management plan check requirements. Year 4—5 Track reporting data. Data Collected- Review and modification/adoption of CEQA Initial Study Checklist to address Post Construction Stormwater Management. Number of grading permits. Number of site tans requiring revision. Assessment Confirmation ., Measures: Review and modification to CEQA Checklist made, if needed. Post Construction Stormwater Management plan review checklist created. Standard Conditions of Approval for Post Construction Stormwater Management developed. Tabulation. Number of grading permits issues that included post construction stormwater management considerations in submitted plans Number of plans year to year with post construction stormwater management considerations in submitted plans not requiring revisions. Goals targeted Increase awareness of public employees, businesses and the general public of the site, source and treatment controls that can reduce the impacts of development/redevelopment to receiving water bodies. Incorporate good site, source and treatment controls into City code and the development review process. Assure long term maintenance of post construction facilities. Pollutants All SWMP I-VII Targeted: Ob'ectives. Notes. Revisions to Grading Ordinance, if required, will be distributed for public review prior to adoption A brochure describing Post Construction Stormwater Management plan requirements will be developed and distributed as part of PE4 Business Outreach, Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 71 174 Table 12c—PC 3 Post Construction Stormwater Management Site Inspections Title PC 3 Post Construction Stormwater Management Site Inspections Task. Develop Post Construction Stormwater Management Practices Inspection Protocols, Purpose Ensure Post Construction Stormwater Management Practices are constructed in accordance to plans. BMP Details Establish standard field inspection forms and verify inspection staffs are trained in post construction site stormwater construction practices. Require Post Construction Stormwater Management responsibilities as a topic in pre- construction meeting Implementation Year 2: Develop construction site field review checklist.Train inspection staff Details. Include Post Construction Stormwater Management responsibilities as a topic in pre-construction meeting. Year 2—5. Inspect project sites subject to post-construction ordinance for compliance with post construction stormwater management controls.Track reporting data. Data Collected Number and type of corrective and enforcement actions taken Assessment Confirmation Measures. Post Construction Stormwater Management inspection checklist created Document that construction site inspection staff have a minimum 0.5-hour training/refresher course every year related to proper Post Construction Stormwater Management considerations on construction sites. 1%W Tabulation Number of inspections, number and type of corrective actions taken Percent of major vs. minor enforcement actions. Surveys. Results from inspection training evaluation forms pre&post class testing Goals targeted Increase awareness public employees, businesses and the general public of the site, source and treatment controls that can reduce the impacts of development/redevelopment to receiving waterbodies. Assure long term maintenance of post construction facilities. Pollutants All SWMP FI-VI Targeted I Objectives. Notes: New staff will be trained in Post Construction Stormwater Management practices as part of their new employee orientation Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 72 175 Table 12d—PC 4 Post Construction Stormwater Management BMP Maintenance Title PC 4 Post Construction Stormwater Management BMP Maintenance Task: Develop Post Construction Stormwater Management Practices Inspection Protocols. Purpose Ensure Post Construction Stormwater Management Practices are maintained accordance to program schedule BMP Details Establish standard field inspection forms and verify inspection staffs are trained in post construction site stormwater maintenance practices. Require Post Construction Stormwater Management maintenance responsibilities as a topic in re-construction meeting Implementation Year 2: Develop post construction site field review checklist. Train inspection staff Details Include Post Construction Stormwater Management maintenance responsibilities as a topic in pre-construction meeting Year 2—5 Inspect 20 percent of project sites subject to post-construction ordinance for compliance with post construction stormwater management controls Track reporting data. Data Collected Number and type of corrective and enforcement actions taken Assessment Confirmation Measures. Post Construction Stormwater Management maintenance inspection checklist created. Document that construction site inspection staff have a minimum 0.5-hour training/refresher course every year related to proper Post Construction Stormwater Management maintenance considerations. Tabulation. Number of inspections, number and type of corrective actions taken Percent of major vs. minor enforcement actions. Surveys, Results from inspection training evaluation forms pre & post class testing Goals targeted Increase awareness public employees, businesses and the general public of the site, source and treatment controls that can reduce the impacts of development/redevelopment to receiving water bodies. Assure long term maintenance of post construction facilities. Pollutants All ISWMP I-VI Targeted- Objectives. Notes. New staff will be trained in Post Construction Stormwater Management maintenance practices as part of their new employee orientation Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 73 176 Table 12e—PC 5 Protect Riparian Areas,Wetlands Buffer Zones Title PC 5 Protect Riparian Areas,Wetlands Buffer Zones Task: Review existing riparian areas and wetlands policies. Purpose Protect function and habitat provided by riparian areas and wetlands. BMP Details. Verify existing policies are appropriate comply with RWQCB riparian protection policies. Implementation Year 4 Verify existing policies are appropriate and exceed RWQCB riparian Details protectionpolicies. Data Collected Number of Building Permits that the Set Back Policy Covers Assessment Confirmation. Measures: Report number of projects Goals targeted Increase public employee, businesses and general public awareness of the site, source and treatment controls that can reduce the impacts of development/redevelopment to receiving water bodies. Pollutants All SWMP I-VII Targeted. I Objectives: Notes. Implement current general plan policies. low Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 74 177 4 6 POLLUTION PREVENTION / GOOD HOUSEKEEPING FOR MUNICIPAL PROGRAM The Pollution Prevention/Good Housekeeping for Municipal Operations Minimum Control Measure of the Small MS4 Permit (adopted April 30, 2003) requires the Permittee "exam its own activities and develop a program to prevent the discharge of pollutants from these activities" The purpose of this minimum control measure is to ensure a reduction in the amount and type of pollution that collects on streets, parking lots, open spaces, storage and vehicle maintenance areas and is discarded in local waterways; and results from actions such as environmentally damaging land development, flood management practices or poor maintenance of the storm drain system. Table 13 and 14 summarize the potential pollutants associated with municipal facilities and practices as provided by the California Stormwater BMP Handbook and modified by EPA. Table 13—Potential Pollutants of Concern Likely Associated with Specific Municipal Facilities POTENTIAL POLLUTANTS MUNICIPAL fACiCITYACTIVITY Z Z =_ W w v o ww in a w < !C Q ~ y W :� Q W O W m. to z m -j O a p N O Building and Grounds Maintenance X X X X X X X X X and Repair Parking/Storage Area Maintenance X X X X X X X X Vehicle and Equipment Fueling X X X X Vehicle and Equipment X X C Maintenance and Repair Vehicle and Equipment Washing X X X X X X and Steam Cleaning Outdoor Loading and Unloading of X X X X X X X X Materials Outdoor Container Storage of X X X X X X Liquids Outdoor Storage of Raw Materials X X X X X X X Outdoor Process Equipment X X X X X X X X Over water Activities X X X X X X X Landscape Maintenance X X X X X X Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 75 178 fir= Table 14—Potential Pollutants of Concern Likely Associated with Specific Municipal Activities POTENTIAL POLLUTANTS MUNICIPALm N w z w PROGRAM ACTIVITIES Z Z = w c`na m ¢ LU w en ¢ w Z w LU 0C7 ¢ u) Z m O w O a 0U) X 0 Sweeping&Cleaning X X X X X Road,Streets and Street Repair Maintenance Highway and Striping/Painting X X X X X Operations and Maintenance Bridge and structure maintenance X X X X X Inspection and Cleaning of X X X X X X Stormwater System Drainage System Controlling Illicit Connections X X X X X X X X X Operation and and Discharges *#4WMaintenance Controlling Illegal Dumping X X X X X X X X X Maintenance of Stormwater X X X X X System Solid Waste Collection X X X X X X X Waste Reduction&Recycling X X X Waste Handling Household Hazardous Waste X X X X X and Disposal Collection Controlling Litter X X X X X Controlling Illegal Dumping X X X X X X Water Line Maintenance X X X Water and Sewer Utility Operation Sanitary Sewer Maintenance X X X X and Maintenance Spill/leak/overflow Control, Response and Containment X X X X X The Permit requires the City to 1 Develop and implement an operation and maintenance program with the ultimate goal of preventing or reducing pollutant runoff from municipal operations into the storm drain system Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 76 179 2. Provide employee training on how to incorporate pollution prevention/hood housekeeping techniques , into municipal operations such as park and open spaces, and storage and vehicle maintenance area and is discharged into local waterways The City has identified the permit requirements above as its Pollution Prevention/Good Housekeeping for Municipal Operations Goals. The City will develop and implement facility-specific water pollution control manual (FPCM)for City facilities not enrolled under the Industrial Activities Stormwater General Permit, and that have activities with a significant potential to release pollutants to storm drains, such as vehicle operations, construction yards, corporation yards and sanitary sewer systems The anticipated measurable goals for each facility-specific FPCM for the purpose of this SWMP based on anticipated municipal activities are provided in Table 15 This table will be refined during development of the FPCM and standard operating procedures (SOP) manual. Table 15—Measurable Goals Associated with Specific Municipal Activities ACTIVITIES DATA COLLECTED MEASURABLE GOAL Identify type of potential pollutant generating activities conducted at facility Confirm FPCM developed with number type and location of Identify type,method of materials BMPs present on site. stored at facility-assess risk for potential to pollute stormwater Track number and type of non-stormwater discharges. Develop Facility Specific Evaluate long term trends. Water Pollution Control identify and eliminate non-stormwater Manual discharges. Identify number and percent of BMPs implemented and maintained. Identify and map existing BMPs, maintenance protocols and schedule. (See individual facility activity for data collection and measurable goals of maintenance activities conducted at Identify needed BMPs,implementation facilities). schedule.Incorporate new BMPs into BMP maps,inspection and maintenance protocols. Identify type of potential pollutants generating during maintenance activities. Adopt,develop or Confirm SOP manual developed for type of procedures supplement existing Identify and eliminate non-stormwater conducted by maintenance staff standard operating discharges including type of materials procedures(SOP) used in maintenance activities and (See individual activity for data collection and measurable manual document material risk for potential to goals of specific maintenance activities) pollute stormwater and lesser risk alternatives,appropriate transport or disposal methods of materials. Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 77 180 �w ACTIVITIES DATA COLLECTED MEASURABLE GOAL Tons or volume of materials swept up Confirmation street and parking lot sweeping conducted at Sweeping&Cleaning identifying high priority areas and GIS f curb and gutter areas, defined frequency and coverage and with proper equipment. (Curb&gutter City cleaning schedule and protocols. Quantify area of parking lots cleaned and length of curb and maintained parking lots) gutter systems cleaned. GIS of city maintained parking lots, identifying high priority areas and Records mass/volume and disposal of waste. cleaning schedule and protocols Percent and number of high priority storm systems inspected GIS of stormwater system inspection Percent and number of high priority storm systems that are locations,identifying high priority out of compliance. Inspection and Cleaning areas. of Stormwater System Confirmation that Initial notification and follow up inspections Inspection and follow up protocols conducted in accordance with established procedures. developed. Identification and quantification of long term trends through GIS evaluation of problem areas. Develop protocols for cleaning. Percent,number and quantification of extent that high priority Identification/quantification of GIS of storm systems cleaned. Maintenance of stormwater system,including high Records mass/volume and disposal of waste. Stormwater System priority systems and cleaning schedule. Identification and quantification of long term trends through Estimated volume of tons of materials GIS evaluation of individual stormwater system maintenance efforts. removed from stormwater systems. Number and type of illicit connections/discharges reportedlidentified. GIS of illicit connection and Number of violations notices issued. Percent of repeat Controlling Illicit offenders. Connections and discharges identified. Discharges Follow up protocols developed Confirmation that Initial notification and follow up inspections conducted in accordance with established procedures. Identification and quantification of long-term trends through GIS evaluation of problem areas. GIS of illegal dumping areas identified. Tons/volume of materials removed Records mass/volume and disposal of waste Controlling Illegal during clean up,level of effort required Record of follow up actions(area signed with fine Dumping to complete cleanup(Man hours, information,fenced(or other similar method)to increase equipment and disposal feeds). dumping difficulty Follow up protocols developed. Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 78 181 ACTIVITIES DATA COLLECTED MEASURABLE GOAL Confirm spill/leak/overflow control,response and Develop Spill/leak/overflow Control, containment procedures developed. Response and Containment program. Spill/leak/overflow Track location and frequency of spill/leak/overflows. Control,Response and Number and method that Containment spill/leak/overflows were identified. Track calls and corresponding outreach effort or training program. Number of restaurantlgrease trap inspections conducted. Track compliance rates with grease trap requirements;follow up procedures for problem areas identified. Develop pesticide,herbicide and Confirm pesticide,herbicide and fertilization application fertilization application protocols. protocols developed. Evaluate and implement integrated pest management program. Number of acres,type and volume/mass of pesticide, herbicide fertilization and integrated pest management Landscape Maintenance Track annual use,by location,of each program applied, of the following:pesticide,herbicide fertilization and implement integrated %decrease in pesticides applied pest management program. Confirm audit of irrigation protocols conducted.Track and Audit and evaluation of irrigation quantify changes implemented to conserve water and reduce program protocols. over-spray The list of Good Housekeeping BMPs is provided in Table 16 Implementation details are provided for each BMP after the summary table in table 16a through 16c. 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U a � @ a Cf) 0 O z, a) co (L _0 r_ 3E m Q � 184 Table 16a—GH 1 Municipal Employee Training and Education Title GH1 Municipal Employee Training and Education Task: Conduct Pollution Prevention/Good Housekeeping training program Purpose Teach staff about potential sources of stormwater contamination and ways to minimize the water quality impact of municipal activities BMP Details Develop or utilize EPA and Caltrans BMP training materials and BMP guidance documents to teach field maintenance staff to address safety, materials handling, waste disposal, illicit discharge detection or other operational issues. Incorporate Pollution Prevention/Good Housekeeping BMPs into safety tail gate meeting a minimum of once every four meetings. Include Pollution Prevention/Good Housekeeping BMPs in new employee orientation program. Periodic unscheduled inspections of facilities and maintenance activities by City management will be conducted to gauge what has been learned and opportunities to improve Confirm that facility SWPPPs and BMP guidance documents are available to all employees as a reference Implementation Year 1-5 Annually conduct training modules, complete a minimum of two Details. unscheduled inspection of facilities or operations to verify Pollution Prevention/Good Housekeeping BMPs are being practiced. Revise program as necessary Data Collected. Training modules developed number of attendees at training session, Results of evaluation forms from attendees, Results from classroom and/or field quizzes, Percent improved based on scores from before and after survey/quiz. Percent improved results from unscheduled inspections. Assessment Confirmation Measures. Training modules developed.Tailgate Safety meetings Held Tabulation. Identify number of attendees at training session (and percent of field staff attending) Results from evaluation forms, quizzes. Number and type, percent decrease over time of deficiencies observed during unscheduled inspection Surveys: Percent increase in awareness before and after the training Percent awareness from year to year Goals targeted Provide employee training on how to incorporate pollution prevention/hood housekeeping techniques into municipal operations such as park and open spaces, and storage and vehicle maintenance area and is discharged into local waterways. Pollutants All SWMP I-VI Targeted Objectives- Notes. Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 82 185 Table 16b—GH 2 Municipal Activities Title. GH2 Municipal Activities Task: Establish procedures to eliminate minimize and/or treat pollutants generated from municipal activities Purpose Eliminate, minimize and/or treat pollutants generated from municipal activities. BMP Details. Develop inventory of municipal activities and their associated potential pollutants based on Table 13 Evaluate and prioritize BMPs to eliminate, minimize and/or treat pollutants for each type of activity BMPs that require the purchase of new equipment, if the equipment cannot be rented, will be identified and included on purchase requests submitted as part of the City's budget approval process. Determine schedule and protocols for implementing BMPs and create a standard operating procedures handbook. Implement BMPs. Record quantities addressed/collected as appropriate Implementation Year 1 Prepare inventory and assessment of typical activities. Details: Year 2. Develop standard operating procedures handbook. Year 2—5 Record quantities addressed/collected as appropriate Data Collected Develop standard operating procedures handbook. Quantify drain system for cleaning frequency Develop protocols for cleaning facilities (catch basins, drain pipe, pump stations, drainage basins, etc) Street sweeping records prioritized street segments, corresponding cleaning frequency Assessment Confirmation Measures: Identify standard operating procedures manual developed Tabulation Number of catch drainage facilities cleaned Estimate of waste removed Quantity of material collected per mile. See Table 15 for additional assessment measures. Goals targeted Develop and implement and operation and maintenance program with the ultimate goal of preventing or reducing pollutant runoff from municipal operations into the storm drain system. Pollutants All SWMP I-VI Targeted- Objectives. Notes: Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 83 186 .✓ Table 16c—GH 3 Municipal Facilities Title GH 3 Municipal Facilities Task. Establish procedures to eliminate minimize and/or treat pollutants generated from municipal facilities. Purpose. Eliminate, minimize and/or treat pollutants generated from municipal facilities. BMP Details. Develop inventory of municipal facilities and their associated potential pollutants based on Table 14 Inspect facilities for water quality impacts. Verify facilities have SWPPP, if required Evaluate and prioritize BMPs to eliminate, minimize and/or treat pollutants for each facility or types of facility Determine schedule and protocols for implementing BMPs and create a facility water pollution control manual for all City facilities not enrolled under the Industrial Stormwater General Permit that have activities with a significant potential to release pollutants to storm drains. Implement BMPs. Record quantities addressed/collected as appropriate. Implementation Year 1 Prepare inventory and assessment of municipal facilities Details. Year 2. Develop standard operating procedures handbook. Year 2—5 Record quantities addressed/collected as appropriate Data Collected Develop Facility Water Pollution Control manual Identify pollutant generating activities and develop site map Implement BMPs for pollutant generating activities Identify and eliminate non-stormwater discharges Conduct audit of site for conformance with facility pollution prevention plan. Assessment Confirmation Measures. Facility pollution prevention plan was developed and is present on site Identify audit/inspection of each facility was conducted Tabulation Number, type and location of BMPs Number and type of non-stormwater discharges Number of non-stormwater discharges eliminated Quantities collected (i.e tons of debris collected), used (i.e volume of pesticides and/or mulch applied, mutt mitts stocked)or addressed (i e. length of curb swept), % reduction/increase over time (i.e reduced pesticide use) See Table 15 for additional assessment measures Goals targeted Develop and implement and operation and maintenance program with the ultimate goal of preventing or reducing pollutant runoff from municipal operations into the storm drain system. Pollutants All SWMP 1-VI Targeted Objectives. Notes. `%W Atascaderc,SWMP Initial Public Review January 9,20D9 Preliminary Draft Page 84 187 5 BMP IMPLEMENTATION TIMELINE SUMMARY This section summarizes the level of effort for year of the permit years. Per year implementation costs are provided in parenthesis adjacent to the permit header The cost shown includes BMPs that extend across all five permit year The projected cost for each BMP is included in parenthesis at the end of the BMP The costs shown include labor, overhead, equipment, material,waste disposal and printing costs and are estimated only The EPA provided an annual cost estimate for municipalities (with 50,000 people) that were implementing model stormwater phase II programs (figure 10) EPA Annual Cost Estimates Final Rule $400 o $350 0 r �+ $300 $250 rZ w $200 o $150 U $100 c a $50 Vii- I i 10000 30000 50000 70000 110000 Population (Excerpted from 'Funding Phase II Stormwater Programs,Andrew J Reese AMEC 2000) Figure 10—SWMP Jurisdictional Area Based on an approximate population of 28,000, the City annual cost estimate per the EPA model would be approximately$100,000 (or$3.57 per person) However, the preliminary cost estimate to implement the SWMP(priority and secondary BMPs) is$160,000(or$5 71 per person) With a$5 71 per capita per year, the Cities SWMP as currently proposed compares favorably to other national benchmarks (National League of Cities,American Public Works Association and EPA) is provided in Table 17 Table 17—NPDES Program Per Capital Cost BASIC EXPANDED Low END HIGH END AVG PROGRAM PROGRAM Initial Cost (Permit $075 $616 ear 1 Annual Cost Permit ears 2-5) $1.63 $7 64 Total Cost 5 year Permit $145 $7.34 $1.39 $1.28 $7.83 $5.63 $916 Source National League of Cities,Stormwater Designing and Implementing an Effective Federal Register 1999. Workshop,March 5,1999(not indexed Stormwater Management Program,proposed NPDES,Final Rule, for inflation).Based on 50,000 Stormwater NPDES Phase II,APWA,1998. December 8,pp 68,791 population,$501hr rate. Second permit cycle shown in parenthesis. wool Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 85 188 51 PERMIT YEAR 1 ($230,6001) PE2 Identify private learning institutions within the City that have 4th grade students. Implement program in one public, private learning institution, reaching at least 30% of the 4th grade students at that institution, if access is allowed PE3 Landscape and pet waste management behaviors.An assessment of the need to prepare bilingual materials will be made based on census data. PE4 Landscape and pest control behaviors.An assessment of the need to prepare bilingual materials will be made based on census data. PE5 Place mutt mitt stations at 50% of public parks Develop, in conjunction with North County Humane Society, appropriate measurable goals and timetables to reduce the feral cat population within the City limits and available City funding. PE6A Establish and promote web page PP1 Host biennial stakeholders meeting. PP2 Mark 20%of storm drain inlets. PP4 Identify priority stretches of creeks and roads suitable for diverse participation (i.e. public access, no known safety concerns, etc) Create map of areas up for adoption and protocols for the program PP5 In collaboration with other municipalities, develop application and committee member selection criteria. Recruit and select TAC members. Determine appropriate sub committees and committee by-laws IDI Identify data gaps and focus on completing inventory of outlets associated with Atascadero Creek. Prioritize and create a plan to address remaining areas with data gaps. ID2 Create IDDE reporting form to log complaints and resolution Develop response protocols. CONI Identify local codes for E&SC requirements and identify needed Ordinances and Standards revisions if appropriate Confirm E&SC plan triggers are appropriate Verify all plan checkers have received training related to E&SC practices. CON2 Develop construction site field review checklist, including verification of submission of NO1 and on- site maintenance of SWPPP, and an informational brochure related to proper implementation of E&SC practices. CON3 Create and promote stormwater hot line and internet based compliant form Establish protocols to follow up on construction site issues and with originator of complaint, if known PC1 Train City development and review staff in good site design and Low Impact Development principals and hydromodification policy Develop in-lieu fee options GH2 Prepare inventory and assessment of typical municipal activities. GH3 Prepare inventory and assessment of municipal facilities. 52 PERMIT YEAR 2 ($227,300') PE2 Increase student participation 20% each year if participation is under 50%, if access is allowed by the public/private schools. PE3 Two new topics addressed through community based social marketing programs. PE4 Two new topics addressed through community based social marketing programs. PE5 Place mutt mitt stations at 50%of public parks. Support feral cat population reduction efforts PE6C Maintain and promote web page Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 86 189 PP4 Create informational pack, order support materials. Solicit one organization for participation in 40 demonstration project. "' PP5 In collaboration with other municipalities, evaluate and make recommendations for region specific construction pollution prevention and LID design standards manual. Identify and prioritize regional priorities. ID1 Identify data gaps and focus on completing inventory of outlets associated with Atascadero Creeks. Prioritize and create a plan to address remaining areas with data gaps. Create IDDE reporting form to log complaints and resolution. Develop response protocols. Begin tracking complaints received and City responses with the goal of investigating 100% of the complaints received within 48 hours ID2 Provide in-house training to present IDDE procedures and increase awareness. Solicit feedback of field crews and revise program as necessary CON1 Ordinances and Standards required revisions adopted if needed. Develop Standard Conditions of Approval and an informational brochure related to E&SC practices.Train staff in construction site runoff controls PC1 Amend or create ordinances and Standards to reflect required revisions adopted PC2 Adopt or create a LID Design Guidance Manual PC3 Develop construction site field review checklist.Train inspection staff Include Post Construction Stormwater Management responsibilities as a topic in pre-construction meeting. Post construction included in discretionary review process. PC4 Conduct post construction BMP maintenance inspections GH2 Develop standard operating procedures handbook for typical municipal activities. GH3 Develop standard operating procedures handbook for municipal facilities. 53 PERMIT YEAR 3 ($171,4001) PE2 Increase student participation 20%each year if participation is under 50%, if access is allowed by the public/private schools. PE3 Two new topics addressed through community based social marketing programs PE4 Two new topics addressed through community based social marketing programs. PE5 Maintain mutt mitt stations. Support feral cat population reduction efforts. PE6B Incorporate recommended manuals into City standards, code, and public education materials PE6C Maintain and promote web page PPI Host Biennial Stakeholders Meeting PP2 Modify City standards 502 through 504 Mark 20%of unmarked inlets. PP4 Adopt lessons learned from demonstration project. Edit materials accordingly Promote program. Establish baseline participation metrics. PP5 Through the TAC, address timely and technical water quality topics based on priorities established and at the request of the SLO County Partners for Water Quality Group ID1 Update database ID2 Conduct dry weather inspections of 100%of high risk outlets year Promote public complaint process. ID3 Draft Ordinance will be developed, provided for public review and adopted COW Train staff in construction site runoff controls. PC2 Revise CEQA initial study checklist. Develop a Post Construction Stormwater Management plan review checklist, Standard Conditions of Approval and informational brochure related to Post Construction Stormwater Management practices. Require Post Construction Stormwater Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 87 190 Management as a topic in pre-application meeting Train new plan reviewers on Post Construction Stormwater Management plan check requirements. PC3 Post construction included in discretionary review process PC4 Conduct post construction BMP maintenance inspections. 54 PERMIT YEAR 4 ($ 131,5001) PE2 Increase student participation 20%each year if participation is under 50%, if access is allowed by the public/private schools. PE3 Two new topics addressed through community based social marketing programs PE4 Two new topics addressed through community based social marketing programs PE5 Maintain mutt mitt stations. Support feral cat population reduction efforts PE6C Maintain and promote web page PP2 Mark 20% of storm drain inlets. PP4 Promote adopt a creek/road program, increase participation each year PP5 Through the TAC, address timely and technical water quality topics based on priorities established and at the request of the SLO County Partners for Water Quality Group ID1 Update database ID2 Conduct dry weather inspections of 100%of high risk outlets year Promote public complaint process IN Provide in-house training to present IDDE procedures and increase awareness. Review results (fines, improvements,etc) made as a result of violations observed and reported during year 2 and 3 Solicit feedback of field crews and revise program as necessary r ID3 Ordinance will be implemented and enforced throughout the term of the permit. Enforcement actions will be documented and included in the Annual Report. PC3 Post construction included in discretionary review process PC4 Conduct post construction BMP maintenance inspections. PC5 Verify existing policies are appropriate and exceed RWQCB riparian protection policies 55 PERMIT YEAR 5 ($ 111,500') PE2 Increase student participation 20%each year if participation is under 50%, if access is allowed by the public/private schools. PE3 Two new topics addressed through community based social marketing programs. PE4 Two new topics addressed through community based social marketing programs PE5 Maintain mutt mitt stations. Support feral cat population reduction efforts. PP1 Host Biennial Stakeholders Meeting PP2 Mark 20%of storm drain inlets. PP4 Promote adopt a creek/road program, increase participation each year PP5 Through the TAC, address timely and technical water quality topics based on priorities established and at the request of the SLO County Partners for Water Quality Group ID1 Update database ID2 Conduct dry weather inspections of 100% of high risk outlets year Promote public complaint process CON1 Train development review staff in construction site runoff controls. Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 88 191 PC3 Post construction included in discretionary review process PC4 Conduct post construction BMP maintenance inspections. +w ` 5 6 PERMIT YEAR 1 — 5 (Cost of BMPs applied over all years has been included in individual year totals) PE1 Participate in majority of SLO County Partners for water quality meetings, Meet with AMWC semi- annually to coordinate support opportunities, Provide space for SLO Green Build to maintain a kiosk at the City Permitting Help Desk, maintain standing with Tree City USA organization PP1 B Provide legal notice (as often as required) PP1C Post Annual Report, provide mechanism to comment on program priorities and effectiveness. PP3 Participate and promote county wide creek clean up day CON2 Require pre-construction meetings be held for Major Grading projects (>500 cubic yards disturbed) Train inspection staff as necessary Update web site with links to Contractor E&SC training opportunities CON2 Train construction field inspection staff in construction site runoff controls. CONS Establish construction site complaint reporting mechanism. Track complaints. GH1 Annually conduct training modules, complete a minimum of two unscheduled inspection of facilities or operations to verify Pollution Prevention/Good Housekeeping BMPs are being practiced Revise program as necessary ** Track and monitor all BMPs Compile and post annual report. Costs are estimated and may change up or down as the plan are formalized and more information is known ,glow-0000, Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 89 192 Appendix A Potential Pollutants of Concern/CCAMP Characterization Data/Beneficial Uses 193 a, M O � I N I \ 'ILLLLLLLLLLLLLLLLL j EE 3 N N p p i nS C. C 0 OO O O U O. O. O °1 O O O "' U' N ~ U U Q ° : O i Z a a a a ; w w u u C 'c L) ¢ � � 0: y y 0 bm N m N I 6) O O O: cd cd'.. cd O' O 0.S-. cd' cd cd w va z ;C, w w oa as a rn o, EL� \ vi . ^ � CC � I LIE-` EIM �pO Nl� O'E L2 R I L E .ff cd O } r cs aoi o o ❑ o G o o 0 0 o ;' y <1 0 l o ¢ C a ¢ J 0 0 0 J 194 r G. C.. n Y op T p � O N O y L.LLLLLLLLLL.LLLLLLLLLLLL.0._:LLL.L.LLL..Ll LLL ,--� n II u U ca ctl U 1-00 0 .moi xi � 3 a' Cd Cd ZZ 0'.; O - .�.� .�. b0ru b0 bD l bA.. P. 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O IIlI'I� O O r n�- L N c b QJ .44 c ro 'oM r b_p .2 .72 b con 1� V) v z F" �" ch o . U N N: N :): N: 'y CC cJ. ❑ ^ f." .0: .0: M O C ^C R"3. "� a-. i.+ EV 0 0 N. Q! OU O' O O' O: U CQ w x O O g es —1,Ac21 L4 H 3 a, U 200 4 Beneficial Use Key Municipal and Domestic Supply(MUN) Uses of water for community, military, or individual water supply systems including, but not limited to, drinking water supply According to State Board Resolution No 88-63, "Sources of Drinking Water Policy" all surface waters are considered suitable, or potentially suitable, for municipal or domestic water supply except where a. TDS exceeds 3000 mg/l (5000 u5/cm electrical conductivity), b Contamination exists, that cannot reasonably be treated for domestic use, c. The source is not sufficient to supply an average sustained yield of 200 gallons per day; d. The water is in collection or treatment systems of municipal or industrial wastewaters, process waters, mining wastewaters, or stormwater runoff; and, e The water is in systems for conveying or holding agricultural drainage waters. Agricultural Supply(AGR) Uses of water for farming, horticulture, or ranching including, but not limited to, irrigation, stock watering, or support of vegetation for range grazing Industrial Process Supply(PROC) Uses of water for industrial activities that depend primarily on water quality (i.e , waters used for manufacturing, food processing, etc.) Industrial Service Supply(IND) Uses of water for industrial activities that do not depend primarily on water quality including, but not limited to, mining, cooling water supply, hydraulic conveyance, gravel washing, fire protection, or oil well repressurization. Ground Water Recharge (GWR) Uses of water for natural or artificial recharge of ground water for purposes of future extraction, maintenance of water quality, or halting of saltwater intrusion into freshwater aquifers. Ground water recharge includes recharge of surface water underflow Freshwater Replenishment(FRSH) Uses of water for natural or artificial maintenance of surface water quantity or quality (e g , salinity) which includes a water body that supplies water to a different type of water body, such as, streams that supply reservoirs and lakes, or estuaries, or reservoirs and lakes that supply streams. This includes only immediate upstream water bodies and not their tributaries. Navigation (NAV) Uses of water for shipping, travel, or other transportation by private, military, or commercial vessels. This Board interprets NAV as, "Any stream, lake, arm of the sea, or other natural body of water that is actually navigable and that, by itself, or by its connections with other waters, for a period long enough to be of commercial value, is of sufficient capacity to float watercraft for the purposes of commerce, trade, transportation, and including pleasure, or any waters that have been declared navigable by the Congress of the United States"and/or the California State Lands Commission. 201 `rrirl�'{ Hydropower Generation (POW) Uses of water for hydropower generation Water Contact Recreation (REC-1) Uses of water for recreational activities involving body contact with water, where ingestion of water is reasonably possible These uses include, but are not limited to, swimming, wading, water-skiing, skin and scuba diving, surfing,white water activities,fishing, or use of natural hot springs Non-Contact Water Recreation (REC-2) Uses of water for recreational activities involving proximity to water, but not normally involving body contact with water, where ingestion of water is reasonably possible These uses include, but are not limited to, picnicking, sunbathing, hiking, beachcombing, camping, boating tidepool and marine life study, hunting, sightseeing, or aesthetic enjoyment in conjunction with the above activities Commercial and Sport Fishing (COMM) Uses of water for commercial or recreational collection of fish, shellfish, or other organisms including, but not limited to, uses involving organisms intended for human consumption or bait purposes Aquaculture (AQUA) Uses of water for aquaculture or mariculture operations including, but not limited to, propagation, cultivation, maintenance, or harvesting of aquatic plants and animals for human consumption or bait purposes. Warm Fresh Water Habitat(WARM) Uses of water that support warm water ecosystems including, but not limited to, preservation or enhancement of aquatic habitats,vegetation,fish, or wildlife, including invertebrates. Cold Fresh Water Habitat(COLD) Uses of water that support cold water ecosystems including, but not limited to, preservation or enhancement of aquatic habitats,vegetation,fish or wildlife, including invertebrates. Inland Saline Water Habitat(SAL) Uses of water that support inland saline water ecosystems including, but not limited to, preservation or enhancement of aquatic saline habitats, vegetation, fish, or wildlife, including invertebrates Estuarine Habitat(EST) Uses of water that support estuarine ecosystems including, but not limited to, preservation or enhancement of estuarine habitats, vegetation, fish, shellfish, or wildlife (e.g , estuarine mammals, waterfowl, shorebirds) An estuary is generally described as a semi-enclosed body of water having a free connection with the open sea, at least part of the year and within which the seawater is diluted at least seasonally with fresh water drained from the land. Included are water bodies which would naturally fit the definition if not controlled by tidegates or other such devices. Marine Habitat(MAR) Uses of water that support marine ecosystems including, but not limited to, preservation or enhancement of marine habitats, vegetation such as kelp,fish, shellfish, or wildlife(e.g , marine mammals, shorebirds) 202 Wildlife Habitat(WILD) Uses of water that support terrestrial ecosystems including, but not limited to, preservation and enhancement of terrestrial habitats, vegetation, wildlife (e g , mammals, birds, reptiles, amphibians, invertebrates), or wildlife water and food sources. Preservation of Biological Habitats of Special Significance(BIOL) Uses of water that support designated areas or habitats, such as established refuges, parks, sanctuaries, ecological reserves, or Areas of Special Biological Significance (ASBS), where the preservation or enhancement of natural resources requires special protection An ASBS designation implies the following requirements. Discharge of elevated temperature wastes in a manner that would alter water quality conditions from those occurring naturally will be prohibited Discharge of discrete, point source sewage or industrial process wastes in a manner that would alter water quality conditions from those occurring naturally will be prohibited Discharge of waste from nonpoint sources, including but not limited to stormwater runoff, silt, and urban runoff, will be controlled to the extent practicable In control programs for waste from nonpoint sources, Regional Boards will give high priority to areas tributary to ASBS Rare,Threatened, or Endangered Species (RARE) Uses of water that support habitats necessary, at least in part, for the survival and successful maintenance of plant or animal species established under state or federal law as rare,threatened, or endangered. Migration of Aquatic Organisms(MIGR) Uses of water that support habitats necessary for migration or other temporary activities by aquatic organisms, such as anadromous fish Spawning, Reproduction, and/or Early Development(SPWN) Uses of water that support high quality aquatic habitats suitable for reproduction and early development of fish Shellfish Harvesting (SHELL) Uses of water that support habitats suitable for the collection of filter-feeding shellfish (e.g.,clams, oysters, and mussels)for human consumption, commercial,or sport purposes This includes waters that have in the past,or may in the future, contain significant shellfisheries. Areas of Special Biological Significance (ASBS) ASBS are those areas designated by the State Water Resources Control Board as requiring protection of species or biological communities to the extent that alteration of natural water quality is undesirable The following areas have been designated Areas of Special Biological Significance in the Central Coastal Basin 1 Ano Nuevo Point and Island, San Mateo County 2. Pacific Grove Marine Gardens Fish Refuge and Hopkins Marine Life Refuge, Monterey County 3 Point Lobos Ecological Reserve, Monterey County 4 Carmel Bay, Monterey County 5 Julia Pfeiffer Burns Underwater Park, Monterey County 6. Ocean area surrounding the mouth of Salmon Creek, Monterey County 203 7 Channel Islands, Santa Barbara County-San Miguel, Santa Rosa, Santa Cruz 204 Appendix B Maps Atascadero SWMP Initial Public Review January 5,2009 Preliminary Draft Page 1 205 d r f • t €€ r --'"....+nom ,r.�s» C�,,�'•,�^�., .,�+ ` stir,;y� N d 14 A► t ���g �. fir =���• � `+� 9 S� v:S x ` d M�yI �t fiyt s Rtkr: ►' u�tify�r�ts►'�ghM� � ►y ,��y�w�� f � i +irlP' ter. axi z 1, Al . lrWe r�. rt ��P �'j l"�r rs`� ''.•.�,r :": LV�� -lv ' 't .. .t� N d a k if ONJUVDSVIV Y N a = X m m a U ' � ro � o m ' � m jl x v C �; + '-:, �i it �}ti �Y � �'�r�s�y it a�"'r„�1 ♦�p+ C� P�e"a ti F�►tinp YRS f( ' Xl` `W w, 'I9,� s •`'DHy � Y�,.i�.s k f1,y`�b'".�i �tM"h, ' 'r��r! �pYytY I'rrr f�t�1111�lt Mi ��TL °3`y�Y'Y"i• ^'� �'� T ,��.J.,,,.a. a , me,- .3 " Appendix C Technical Basis for Hydromodification Plan Approach Atascadero SWMP initial Public Review January 5,2009 "' 400, Preliminary Draft Page 2 208 Hydromodification Plan, Rev B The City will implement a hydromodification control plan consistent with one of the three options below- Option 1 Adhere to requirements provided in the EO February 15th letter Option 2: Adopt hydromodification criteria developed by another local municipality and approved by Board staff, such as the criteria adopted for the City of Salinas. Option 3. Develop city-specific hydromodification criteria such as the following: 1 Runoff generated from storms with rainfall depths less than or equal to 0 75- inches shall be retained or detained and allowed to infiltrate and/or seep away slowly, as occurs in a bioretention facility designed with a minimum 18-inches of soil, a design surface loading rate not to exceed 5 inches per hour, and a total volume (including surface detention, soil interstices, and subsurface storage) equal to the volume of runoff produced by the first 0 75-inches of rainfall on the drainage area tributary to the facility Projects unable to fully infiltrate or detain the volume generated from a 0 75-inch storm will be required to participate in an in-lieu fee program or mitigation banking program that would retain the project's required infiltration volume elsewhere in the same watershed 2. Post-development peak flow rates from basins shall match pre-development peak flow rates for the 2, 10,25 and 50 year storm events The allowable low flow rate of each basin is 10 percent of the pre-developed 2 year peak discharge rate. Post development peak flow rates will be determined using commercially available software capably of generating SBUH hydrographs. 3 Projects shall limit directly connected impervious areas to an effective area equivalent to 5%of the development site Additionally for projects whose disturbed project area exceeds two acres: 4 The pre-construction drainage density(miles of stream length per square mile of watershed)for all drainage areas serving a first order stream (defined as a stream with not tributaries)shall be preserved, and ensure that the post- project time of concentration is equal or greater than the pre-project time of concentration. 1 209 Appendix D +rr Draft Hydromodification Plan 1400 -10010 Atascadero SWMP Initial Public Review January 5,2009 Preliminary Draft Page 1 210 fir►° Technical Basis of the Atascadero Hydromodification Plan Executive Summary This paper discusses the City's proposed approach to addressing hydromodification issues The City of Atascadero believes that the proposed approach best addresses both existing and future hydromodifiction impacts for creeks within and immediately downstream of the City's jurisdiction. The proposed hydromodification plan is intended to comply with the hydromodification control numerical and performance criteria requirements stated in the Region 3 Executive Officer(EO) letter of February 15, 2008 The paper is divided into four sections Background t� Comparison Table of the City's approach with Attachment 4 and Region 3 Executive Officer letter of February 15,2008 (with timeframes adjusted per July 10, 2008 EO letter) Detailed description of comparison table contents iv Summary of Conclusions While there are a few core differences between the Regional Board's approach and the City of Atascadero's approach, both agencies share the same goal and commitment to develop a plan that adequately protects receiving waters. The Regional Board's approach is perceived to be strongly oriented towards developing a watershed model and applying all provisions uniformly across all areas and project types within the City's jurisdiction. This has the advantage of eliminating potential inconsistent application of post-construction requirements. The "ter specific criterion set by the Board clearly achieves the water board's goal of reducing impacts to the watershed as a result of development. The major downside of the approach is that the criteria established by the Board does not address hydromodification caused by existing development and creates disproportionate costs per watershed benefit for new and redevelopment projects It also discourages infill and compact, transit oriented growth because these types of projects have limited space to implement cost- effective hydromodification strategies EPA specifically encourages the creation of incentives for infill or more compact, transit-oriented growth over a parcel-by-parcel approach because the latter has been demonstrated to exacerbate water quality problems, particularly on a watershed scale, by encouraging low-density scattered development. The Regional Board proposal appears to be inconsistent with the following EPA policies from EPA's "Protecting Water Resources with Smart Growth"publication (EPA publication number 231-R-04-002) Policy 40 "Create a sliding scale of mitigation requirements based on level of density" Policy 52 "Designating smart growth site design as a BMP" Policy 53 "Allow offsite mitigation" Policy 57 "Maximize use of existing impervious cover' The City of Atascadero has developed a draft hydromodification plan with the following assumptions • Impacts to receiving waters are real and measurable • Preparing the preliminary design of stormwater controls in conjunction with the preliminary site plan can help reduce overall project costs (by minimizing rework and potentially reducing infrastructure costs) and allow for a greater range of choices for handling stormwater 1 211 • There are diminishing returns on investment required to maintain the pre-development hydrologic regime everywhere at all times and still meet current development demands and City smart growth goals, and, • To maximize the return on stormwater investment and provide assurances to the Regional Water Quality Control Board that post-construction measures will be applied to adequately address volume-duration discharges, numeric sizing requirements is required. The following numerical standards are strategically selected to achieve key watershed health criteria. The numeric criteria include • Establishing minimum groundwater recharge volumes • Maintaining peak runoff rates consistent with pre-development rates to the extent practicable • Minimizing directly connected impervious areas where possible • Maintaining pre-development drainage densities. Treatment control standards are based on the 85th percentile storm and are not included in the draft hydromodification plan. See attachment 4 of the general permit for volume and flow control design standards The City will also establish qualitative criteria intended to promote Low Impact Development. The City will develop or adopt a site design manual that promotes the following site design/low impact design principles. • Stormwater is an important natural resource that should be used to replenish our creeks, lakes, and groundwater supplies • Post-development stormwater management systems should utilize natural features of the site to mimic the pre-development runoff characteristics (volume, rate, timing and pollutant loading) • It is generally more efficient and cost-effective to prevent problems rather than attempt to correct them after the fact. • On-site storage, infiltration, transpiration and evaporation of stormwater are generally preferred over direct discharges to surface water bodies. • Structural or maintenance-heavy practices (such as detention basins, hydrodynamic structures, water quality filters, etc) should only be integrated into the design after all non-structural practices have been fully explored and deemed too costly or not-environmentally sound. • Distributed, small-scale retention systems are preferred over a single retention basin. 2 212 I. Background This section discusses what hydromodification is and what can be done to minimize it. What is hydromodification? Hydromodification describes the changes to peak discharge rates, volume of runoff, volume of rainfall infiltrated and duration of runoff as a result of changing land use. Undeveloped areas such as oak forests and grasslands serve as sponges for excess rainwater When these areas are covered with impervious surfaces (houses, roads and parking lots, etc.) the amount of rainwater absorbed is limited As shown in figure 1, the extent of impervious surface of a site can influence how much of a rain storm is intercepted by vegetation, evapotranspirated back into the atmosphere, infiltrated into the ground, or leaves the site as runoff 40%evapotranspiration 38%evapotranspiration 10% 20% runoff runoff iti,t�a ......,..wW,.......,.,..,... r 5 sYtaII6W r xr�f�gsit lri�w Yrtflltretron irtMOaCron r , 21 ties �; ,� X46 dip , , ; 1nf�itrati n g r Infiltra�tort'.. J tnwat C nota owe• ins p+ imp rr tou 9urlace 35%evapotranspiration 30%evapotranspiration W191is40 30% unof • diarltxft r 1pa/�shallt� rtlfHtrrp tfatiltiratin , . tfiliat ' 3nfittrgpr,, 3596�5f1°�(,ltilFxeti!ls�t78`8to'iface ; '75°�=14U9+u.lmpeniiiiva 8ur�acsT' Figure 1 Relationship between impervious surface,surface runoff,infiltration and evapotranspiration (Source:Stream Corridor Restoration:Principles,Processes,and Practices,FISWG 1998) Changing the amount of impervious area of a site can lead to a host of problems, including- Increased flooding frequencies and magnitudes Increased erosion of streams and hillsides Increased contaminate concentration levels in stormwater runoff Reduced groundwater recharge rates The loss of infiltration from urbanization has resulted in profound groundwater changes. As more surface area becomes covered with impervious surfaces, less water is able to seep back into the ground Reduced 3 213 groundwater recharge rates may result in lower base flows during dry weather as less groundwater is 1400, available to move through the soil and into stream channels and aquifers. Development projects can also impact neighboring properties. Traditional stormwater management practices emphasize conveyance—using street gutters, curbs, pipes and canals to remove water from the developed areas as quickly as possible, and engineered flood control measures—dams, dikes and levees, and detention facilities to offset the impact of development. This transfers the immediate problems downstream by increasing the volume and peak rate of runoff leaving our sites. The compound effect of increased impervious surfaces with a more efficient collection and conveyance system is often flooding and erosion. When runoff leaves a storm drain network and empties into a creek, its excessive volume and energy can scour creek banks, damaging streamside vegetation and harming aquatic habitat. Even the extended duration of discharge from detention basins has been attributed to adversely affect the shear stress of receiving channels. Runoff that leaves a developed site by crossing over impervious surfaces, often picks up contaminates that were accumulated on that surface as a result of everyday and seemingly harmless activities such as. driving, maintaining vehicles and lawns, disposing of waste, washing cars and even walking pets. Polluted runoff may contain nutrients, pathogens, hydrocarbons, toxic organics, sediments, metals, trash, and debris. Additionally, higher creek and lake temperatures may result as the runoff picks up heat from the paved surfaces. Contaminates and warmer water are carried to a storm drain system and are discharged into our creeks, lakes, and the ocean where contaminates can accumulate and cause problems for aquatic life What can be done to minimize the existing effects of hydromodification? Stretches of creeks and rivers that have already been impacted by hydromodification can be restored. Restoration practices typically include stabilizing the channel and its banks and re-contouring the floodway What can be done to minimize the future effects of hydromodification? Watersheds in healthy condition can be protected from future effects of hydromodification through stream buffers and runoff management techniques, such as Low Impact Development and water harvesting practices. The Regional Board has mandated specific interim criteria and indicated that final hydromodification criteria must provide measures that are as effective as the interim criteria. The final hydromodification criteria must include ■ Numeric criteria for controlling stormwater runoff volume and rates from new and redevelopment ■ Numeric criteria for stream stability required to protect downstream beneficial uses and prevent physical changes to downstream stream channels that would adversely affect the physical structure, biologic condition and water quality of streams. ■ Specific applicability criteria, land disturbance acreage thresholds and exemptions. ■ Performance criteria for control BMPs and an inspection program to ensure proper long term functioning ■ Education requirements for appropriate municipal staff on hydromodification and low impact development 4 214 To evaluate the potential impacts of a project to the watershed, it is necessary to evaluate the geomorphology, ecology and other natural characteristics of the water body that would be impacted. Typically this means developing a model of the watershed What type of information is needed to develop a representative hydromodification model? To develop a model that reflects the geomorphology, ecology and other natural characteristics of the watershed,the City would need ■ Hydrology data(35 to 50 years of rainfall records, preferably in hourly time increments) ■ Stream gages to validate rainfall—runoff relationship ■ Site Data (land use, soils, vegetation, evapotranspiration rates and topographic conditions) • Historical and existing channel conditions o Geomorphic conditions based on historical and current aerial photos o survey data, topographical maps and ortho plots for assessment of lateral adjustment, flood plain area o inventory of instream management activities, flood plain modifications o in-field qualitative assessment of stability indicators and cursory quantitative assessment of morphology, such as substrate and riparian vegetation data o dissolved oxygen levels and nutrient 1 pollutant loadings* 'while not technically hydromodification, this information is necessary to protect downstream beneficial uses and evaluate if projects would adversely affect the physical structure,biologic condition and water quality of streams. Base bi inn- c.'d ht , MAT � w ryS .;;, �rs �C�rauXuterta�l s - L' P�hlstC-t3An Kong 4M � ► ic Figure 2 Overview of Information necessary to decision making analysis (per Better Assessment Science Integrating point and Non-point Sources) 5 215 To be effective, the model must also be able to predict receiving water responses to lot level development practices and provide tools for evaluating tradeoffs between instream and out-of-stream uses of water and in-stream and out-of-stream mitigation measures. By necessity, most watershed models generalize watershed responses to rainfall Thus a model of the upper Salinas tributary area capable of providing an understanding of the effects of annual rainfall, dam discharge, tributary runoff and water extraction to groundwater resources requires looking at the watershed across the whole watershed over a significant duration of time However an understanding of geomorphic structure of the river channel that determines the basis of conditions experienced by fish requires appreciation of the physical processes that operate over a few feet and change over a period of hours to a few days. To convince others (RWQCB, Stakeholders, and potential litigants to 3rd party lawsuits), the model will need to document the appropriateness of all assumptions made, define the limits of the model based on ability to calibrate it with real world data and be able to defend the selection of representative reaches used in the study The City has only one rain within the area and it records daily rainfall values. The nearest in-stream gage is downstream from the City limits(in Paso Robles). What are some of the City of Atascadero concerns with this approach? The Region Board use of the phrase "as effective as" puts the burden on the City to determine how effective the Boards requirements are and then to develop a program that meets or exceeds those requirements. Natural systems do not easily lend them selves to significant degrees of certainty Because the relationships in natural systems are so complex, models often need to make simplifying assumptions. The more simplifying assumptions made, the more affordable it is to development the model, but the less accurate the model is at reflecting the natural conditions. The City simply lacks the funding to develop a model representative of the site conditions and capable of being used as a watershed and site scale Estimated costs to develop a model similar to the ones used in Phase I communities are estimated to exceed $400,000 The cost to develop the model for limited number of future development is not warranted given that the city is essentially built out. The City's proposed approach addresses existing problems within the watershed while the Regional Boards approach does not. Many of the existing watershed problems cannot be linked to a responsible party but the City lacks resources to address them. Of the 3077-acres located within the Urban Service Line and tributary to a creek of concern, 421-acres, representing 519 parcels are likely to be developed or redeveloped Thus only a small percentage of projects will be required to implement hydromodification control (if the Board rejects the City's proposal) Implementing hydromodification to the full extend for all of these projects may not make the current problem worse, but it does nothing to address the current problem The City's proposed approach provides a greater increase in watershed benefits for each development dollar invested. The cost of incorporating hydromodification controls for certain types of projects (in-fill, localized flooding areas, etc), is significant because additional engineered elements (sub surface storage, green roofs, etc) are required when there isn't enough room or there are other limitations that prevent runoff from being infiltrated on site through natural, passive practices Implementing hydromodification controls for these types of projects isn't the most cost-efficient method of addressing watershed problems. 6 216 vftw The City's proposed approach encourages compact and in-fill development while the Regional Boards Pre and post hydrograph matching to pre-settlement days does not. Significant land is required to affordably implement hydromodification controls (as specified by the Regional Boards Interim Criteria) EPA examined storm water runoff from different development densities to determine the comparative difference between scenarios. There analysis demonstrated: • The higher-density scenarios generate less storm water runoff per house at all scales—one acre, lot, and watershed—and time series build-out examples, • For the same amount of development, higher-density development produces less runoff and less impervious cover than low-density development; and • For a given amount of growth, lower-density development impacts more of the watershed Taken together, these findings indicate that low-density development may not always be the preferred strategy for protecting water resources. Higher densities may better protect water quality — especially at the lot and watershed levels. To accommodate the same number of houses, denser developments consume less land than lower density developments. For additional information on the EPA study see http.//www,epa..qov/smartgrowth/water density.htm) The City's proposed approach encourages redevelopment which provides additional water quality benefits Policy 57 from EPA's "Protecting Water Resources with Smart Growth" publication (EPA publication number 231-R-04-002) states that "re-development of previously developed sites provides water quality benefits by reducing the need to accommodate growth on undisturbed, open land They also state that impervious land redeveloped to serve multiple uses generally decreases runoff in most cases. Policy 40 "Create a sliding scale of mitigation requirements based on density" suggests that communities reduce mitigation requirements based on density While the publication recommends (and the City concurs) that many impervious surfaces can be redesigned to capture runoff and using a sliding scale for mitigation requirements works best with combined with smart growth planning concepts, neither approach is accommodated by the strict performance criteria established by the Board Pre and post hydrograph matching to pre-settlement days doesn't take into account the flows that are diverted from the Salinas River by the Salinas Reservoir The City of San Luis Obispo Salinas Reservoir currently has a maximum storage capacity of 23,843 acre-feet. The City of Atascadero comprises of 17,088 acres of land The City of Atascadero represents 0 3-percent of the tributary area of the Salinas River at a location within the Salinas River,just downstream of the City Limits. If all of the City's 100-year event rainfall (5 5-inches)were collected and stored in the reservoir, the reservoir would only be at 30% capacity Considering that not all of the rainfall ends up as runoff(some is intercepted by plants, evapotranspi rated back into the atmosphere or infiltrated into the soil), the City is significantly built out, and that the City represents such an insignificant portion of the Upper Salinas Watershed,the logic of expending public funds to develop a model is not consistent with Maximum Extent Practicable which allows for an expectation that the funds expended to implement a particular Best management Practice be proportional to the water quality benefit received' Rigid pre and post hydrograph matching to within 1% to pre-settlement days does not allow for exceptions where upon infiltrating in the remaining available land (even if the development has been designed with fingerprinting techniques) will result in geologic or structural instabilities, for the project or neighboring projects. Other communities who have implemented mandatory infiltration (as would be necessary to match VOW (Order WQ 2000-11 http://www.swrcb.ca.goviwater_issuestprograms/stormwater/smallms4faq,shtmi), 7 217 pre and post hydrographs) have found that it has yielded some unintended consequences. Examples of the 1400 unintended consequences include landslides, foundation failures, and premature failure of roadways as a result of seepage2 and drain times that significantly exceed design expectations3 Lastly, the Regional Boards approach is inconsistent with the hydromodification policies being implemented by Phase I communities Phase I communities are allowed a low flow release (sized to release without sediment transport) As currently stated, the Boards' position of pre and post hydrograph matching to within 1% to pre-settlement days does not allow a low flow release Modifying the requirement to allow a low flow release would increase design flexibility and reduce size and cost to implement. -000 2 City of San Diego Low Impact Development Soil,Hydrogeologic&Geotechnical Considerations:Seepage Case Histories.Robert N.Hawk,PE,CEG,CHG, Engineering and Capital Projects 3 Siting,Design and Operation of Infiltration BMPs:A Case Study by Brian Currier Scott Taylor John Johnston,Howard Yamaguchi,and J.Steven Borroum 218 i-11 d) CO '� Ois o 'r' LO-. 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Z E .2 O E2 COD cn tA (D coC d CD m U) C) ca m p W. a) y 0 Lf '� O > O V d C Cy C CD CD r a, c N 'o O m d 00 ��" C O O in U Q. V �i6 C O ` J O C O O E 0 0 «f m o c m W a aEi FL— m L o m m o�uoi S 0 in U) > CC) m p a a) 0 C C 0- (6 co O U m W N _ 3 ao E LLCD o -0 co 2 CD Q a) '15 `a) o CLca m a c tT ao) Q o aw) rn 2 m °)o .6 0 �' a) 2 a 2 -0 Z � .� N ao . > 3 c a) ui ty v o y o c m Co p •0 CCf [a coCU m C V 'O .r X E d V a T 0 .- m 3 o a) c` o a-Ui ) o)o v a) c 3 E � o o o@ c . acoca o o ao CO o 'm m voi n o ter°) .0 n c E o a� n a) cog m m = o E cn c E �n �_ •� o y n wa cu rn zT� �' o o o n � � m e a) nn i a) Ev E -o o �, m cn c � N c y N Oa Cn p U ^ p U O Q �O N p _� N C aa)) cD N a) O v0 Q = C m c �) m a) v .3 y -o c- c ca c v o rn �� ca ai '� o �? r) O in c c) a`) �6 0 m rn CO �_ � c � = m c0 cca cY E a) o -a - � .6 u)U Qami v E o cm`a u' 3 c E v o 0 c C -aa)CD cu m W 3 m >, -0 `o o M c «° c n a. 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N O C N Q d CO O U — N (D N fa d N .o .d O O a) = a) -0 O Q N E m a n a) rn m Y O a) cQ O O — C t0.� F- m E o r m •ia w •X c) Om U a) cn X c 0 - E cE c N CD V _ cn c m o E coi c� m � oo' a E > c v L V E a) U N C m C O 0 0 .0 .« O N N Z 0 Q V m _ _T 0 n O ca cno U 'n 0 m .> >- a o x Ea 226 '%WW III. Comparison Table Details In Section 11, the comparison table provides key hydromodification concerns and how the City is addressing them Additional columns are provided to compare the criteria established in Attachment 4 and the interim criteria established by the Board. The final column provides additional explanation or justification for the City criteria. Greater detail of each hydromodification issue is provided below Implementation Date. The City's hydromodification controls are contingent on successful adoption of a post-construction ordinance. The ordinance is anticipated to be adopted by the completion of permit year 2. Once adopted, the new hydromodification controls will be applied for all projects"deemed complete" at that time For larger projects, deemed complete coincides with the certification of the environmental document. For projects that do not require an EIR, "deemed complete" will be based upon the completion of environmental review of the project by City staff Applicability Criteria New Development and Redevelopment Projects. The City will implement post- construction program with design standards for the following types of and redevelopment projects: • Single-Family Hillside Residences • Automotive Repair Shops • Retail Gasoline Outlets • Restaurants • Home Subdivisions with 10 or more housing units • Parking lots 5,000 square feet or more or with 25 or more parking spaces and potentially exposed .4, to stormwater runoff • New development projects that create 5,000 square feet of impervious area. • Redevelopment projects that create 10,000 square feet of impervious area. The February 15th letter specified that hydromodification controls should be applied to all new and redevelopment projects that create and/or replace 5,000 square feet of impervious surfaces. However, the City views the Boards threshold of extending the applicability requirements to the level for redevelopment projects that replace 5000 square feet of impervious surfaces as a deterrent to encouraging infill development. Data has proven that higher density projects create less overall watershed impacts and the City believes that infill should be encouraged Per the City hydromodification control plan, redevelopment projects that do not increase imperious area and do not increase drainage efficiency from the pre-project condition, will be exempt from complying with hydromodification controls but project proponents will be required to provide to the City • an assessment of site opportunities and constraints to reduce imperviousness and retain or detain site drainage, • plans of proposed design features and surface treatments used to minimize imperviousness in accordance with City low impact design standards, • an inventory and accounting of existing and proposed impervious areas,and • a qualitative comparison of pre-project to post-project efficiency of drainage collection and conveyance that demonstrates that hydrologic source controls will be incorporated into the project to the maximum extent practicable. 17 227 Exempted in-fill projects and projects exempted from infiltration requirements will be subject to an in-lieu *40 fee based on a quantifiable metric, such as directly connected impervious area, impervious area or retention volume The exact criteria will be refined through the public hearing process The funds generated from the in-lieu fee will be applied towards watershed enhancement projects that the City has determined to be of greater value to the overall health of the watershed Performance Criteria. Types of Hydromodification Controls. Applicable project subject to the post construction ordinance will be required to implement site design measures per attachment 4 and the hydromodification control design standards. Hydromodification control design standards will include effective impervious area limits, infiltration volumes, peak flow and drainage density requirements as well as water quality and energy dissipation requirements. Owners will be responsible for ensuring that the facilities are maintained and continue to function as designed Modeling Criteria. The City proposes to allow commercial software packages capable of generating event based hydrograph programs, if the following criterions are used Hydrograph Method SBUH or custom localized curve, if available* Time Interval. 1 minute Storm Distribution. Type I Storm Duration 24-hours Rainfall Depths. Corresponding NOAA Isopluvial Precipitation chart Antecedent Moisture Condition AMC II Time of Concentration Per TR-55 Manual The NRCS Curve Number or Rational Coefficient will be derived from discrete units (driveways, roads, roofs, lawn and natural vegetation area) instead of larger categories (single family residence < '/4 acre) Because areas subject to construction equipment traffic will infiltrate less volume than undisturbed soils, post-development curve numbers or rational coefficients will need to reflect changes in soil characteristics expected after construction has been completed unless the plans call to restore the soil structure (i.e deep tilling, chisel plowing or amending the upper soil surface) Event based models are easy to use and review and have been used for decades to estimate volume of rainfall and runoff, peak flows and duration of runoff over a variety of rainfall events. A noted draw back of event-based models is that they don't take into account the effects of back-to-back storms. Modelers typically model back to back storms by adjusting tail water elevations of detention basins. This is an improvement over aforementioned approach but still does not take into account saturated soil conditions or losses due to plant uptake and evapotranspiration processes. Phase 1 communities have recently been incorporating continuous simulation models into site development review Most of the models being recommended are based on continuous modeling simulations. The city is concerned about adopting a continuous simulated,flow duration model because of the following* ■ Flow duration relationships require calibration with stream gages. There are no in-stream gages within the City of Atascadero to create a flow duration relationship relevant to the City The closest stream gages are at the Santa Margarita Reservoir (which is inherently unnatural due to the dam release and diversion fundamental to the Reservoir) and downstream in Paso Robles. 18 228 „w ■ Continuous simulation models rely on a minimum of 30 years or more of local hourly rainfall data. The city only has daily rainfall data The process of converting daily data to hourly data reduces its models credibility ■ For models to include the spatial location of one land parcel relative to another in the watershed they require the creation of a significant number of sub watersheds since most models lump simulation processes for each land use type at the sub watershed level. A review of two of the programs being used in the San Francisco Regional found that while these hydromodification models provide valid conceptual approaches to protecting pre-development flow durations, they have room for improvement, including o how BMPs are sized o the need for field verification of underlying assumptions for model calibration o Use of LID facilities for hydrologic control, instead of traditional `end of pipe' solutions (i e ponds) o Refinement of the simplified infiltration rate assumptions o Enhancement to allow an evaluation of the interaction between multiple source areas at a larger scale The Phase 1 communities will be investing in model improvements over the next few years and by waiting, the City of Atascadero can defer these significant costs while the challenges are being identified and worked out. ■ Establishing a model specific to the local area is relatively expensive Phase 1 communities have reportedly spent more than two million dollars doing the necessary studies to create a region-specific model. A quote to develop a model specific to the San Luis Obispo Watershed exceeded $400K. This represents a $771 premium for parcels subject to the new requirement just to develop the model Spending this amount of money would violate Maximum Extent Practical principals, since the benefit to the watershed would be minimal versus the significant cost. ■ The cost of these programs has the potential to be relatively significant once a model specific to the local area has been established While there are free distributed modeling systems available (HSPF, for example), many Phase 1 communities have been using a windows based front end to the HSPF model from Clear Creek Solutions (used by Alameda, Santa Clara, San Diego and San Mateo Counties)which sells for$2,500 with annual technical support of$1000 This would significantly burden middle and low income housing ■ The discharge from the Salinas Reservoir significantly reduces the flows in Salinas River from their historical levels. Comparison of pre-settlement stream flows with post project stream flows have the risk of allowing greater discharges than event and site based analysis would permit. ■ The percent of land available for development/re-develop, and given the zoning applied to this area when compared to the overall watershed tributary to the Salinas River, is significantly limited. The entire area within the City limits is 25.6 square miles, of which, 18.2-square miles is considered developed The model would be used for the development of 1096 projects, and at $400k per model, equates to $775 per parcel outside of the urban service line Spending this amount of money would violate Maximum Extent Practical principals, since the benefit to the watershed would be minimal versus the significant cost. *4W 19 229 ■ Studies have shown that flow duration curves are most appropriate for humid, perennial catchments 1400, Semi-arid environments, such as those that feed the Salinas River, it is the large, infrequent storms that do most of the sediment transport4 and not the small storms (less than 10-year return interval). To compensate for event based model limitations,the City will require site reviews of downstream receiving waters and implementation of in-stream projects,where appropriate The Water Board is recommending the use of pre-and post hydrograph matching The city is not in favor or using matching hydrographs because of the following • Matching hydrographs on a project by project or parcel-by-parcel approach has been demonstrated to exacerbate water quality problems, particularly on a watershed scale, by encouraging low-density scattered development. ■ The sophistication of modeling required to demonstrate compliance to within one percent is excessively onerous For instance, a hydrologic model would need to be developed that would show the timing of each water harvesting, low impact development and flood control facility A single family house incorporating good site design would need to develop a model that could demonstrate how their rain barrels, unit paver driveway, shallow landscape detention areas, swales, each check dam within the swale, and detention basin areas interrelate for each run-on and runoff location over a range of storm events. A large subdivision of homes would require this type of analysis for each house within the subdivision as well as common areas. In addition, all models are simplified to assume rainfall falls over the entire watershed at the same rate of intensity Even with this level of detail, the probability of the a single site behaving as the model predicts is limited because rainfall does not fall on a site uniformly, much less a watershed Educational Criteria. The Stormwater Management Plan includes milestones for education of key city staff Key city staff includes those involved in the discretionary review process, construction and post- construction inspection processes. This training is schedule to occur in year 1 of the SWMP Applicability Criteria. Projects Exempt from Infiltration Requirements The following projects are exempt from the infiltration requirements ■ low or moderate income housing The City and EPA recognize water quality benefits of promoting high density housing ■ Located within '/ mile of a bus stop or in a designated land use overlay The City and EPA recognize water quality benefits of promoting livable,walk able communities ■ Located in areas subject to localized flooding during the storm events for which infiltration or peak flow controls are specified Incorporating infiltration requirements for sites where existing grades have caused ponding adjacent to structures puts the city at risk for property damage and health and safety lawsuits. ■ Located where the water table distance separation of less than ten feet, which is consistent with Attachment 4 criteria. ■ Taking place on an existing brown field or grey field site within a redevelopment area.The City seeks to concentrate development within the Urban Service Line 4 http:llag.arizona.eduloals/watershed/highlands/erosionsedimentation.html �11N� 20 230 ■ With industrial activity or high vehicular traffic [25,000 or greater average daily traffic (ADT) on main roadway or 15,000 or more ADT on any intersecting roadway], which is consistent with Attachment 4 criteria. ■ With recognized situations of impracticality such as unfavorable or unstable soil conditions, or with risk of groundwater contamination because a known unconfined aquifer lies beneath the land surface or an existing or potential underground source of drinking water is less than 10-feet from the surface], which is consistent with Attachment 4 criteria. See 'impracticability provisions' in this section Projects exempted from infiltration requirements will either be 1 Subject to an in-lieu fee based on a quantifiable measures such as directly connected impervious area, total impervious area or required retention volumes. The exact parameter will be determined through stake holder meetings and the public hearing process The funds generated from the in-lieu fee will be applied towards watershed enhancement projects that the City has determined to be of greater value to the overall health of the watershed. 2. Required to retain the volume of water produced by the project elsewhere within the same watershed Categories of projects that are exempted from meeting hydromodification infiltration requirements were chosen to balance watershed health from a broader perspective than just peak and volume controls There are watershed (and other) benefits received from supporting projects that reduce society's dependence on vehicles by promoting livable, walk able communities, reducing new infrastructure costs (by promoting infill) and encouraging redevelopment of previously contaminated sites Peak flow rate criteria. Applicable projects post development peak flows will be required to match pre- settlement peak flows for 2, 5, 10, 25 and 50 year event intervals. This approach addresses a wider spectrum of storms than have historically been addressed. The February 15th letter requirement to match the post project hydrograph to within 1% of the pre- settlement project hydrograph limits watershed protection to new and redevelopment projects that trigger the hydromodification requirements. the approach does not incorporate modifications to the receiving water caused by the Salinas Reservoir The reservoir diverts a tributary area more than seven times the size of the area within Atascadero city control. Additionally, the nature of the Salinas River (intermittent surface flows, wide bank widths), are indicative that higher storm events are more significant factors to stream stability than annual events. When coupled with infiltration and discharge velocity requirements, the requirements for post development peak flows to match pre-settlement peak flows over a range of storm events is presumed to protect receiving waters Stream stability criteria. range of storm events to control The proposed hydromodification control plan provides controls for discrete events between 85th percentile storm or 10% of the 2-year pre-development peak flow (whichever is smaller) to NOAA defined 10 year-24 hour event. This expands the lower end of the City's current retention and detention requirements. While the February 15th letter indicates that pre and post hydrographs must match within 1% of each other over a range of events from 1-year to 10-years, it would be a significant challenge to fully match the hydrograph, especially when using LID and water harvesting techniques. Models sufficiently complex to accurately mimic every one of the sites best management practices, including their relation to time, antecedent moisture conditions of the soil and each other , run the risk of being very difficult, if not impossible to be understood by discretionary permit reviewers and the general public. As complexity '�rrr 21 231 increases, so does the risk of agencies readily adopting the model output as correct (i.e. potential for www 'garbage in, truth out) While some of this risk could be minimized through the adoption of standard software, many engineers are reluctant to assume the risk of certifying computer-sized BMPs developed through 'black box'technology Additionally, many stretches of the creeks and Salinas River within the Cities jurisdiction serve to recharge the groundwater(as evidence by intermittent dry stretches of stream bed even during rain events) Lastly, the nature of the Salinas River (intermittent surface flows, wide bank widths), are indicative that higher storm events are more significant factors to stream stability than annual events. Stream stability criteria allowable low flow- This is the flow rate that can"drip"from a basin or site.The rate of low flow allowed is presumed to be at a rate stable to the receiving water based on numerous studies north of and south of the project area. This decreases the lower end of the City's current allowable detention low flow requirements from the 2 year pre-development peak runoff rate to 10% of the two year pre-project runoff rate A summary of flows determined through detailed study to be acceptable is provided in the table below- Allowable low flow Study Area Comments 10%of 2-year peak flow data Santa Clara County Streams Per California Regional Board Fact Sheet for Alameda Countywide Clean water Program and Fairfield Suisun Urban Runoff Management Program and San Mateo Stormwater Pollution Prevention Program 50%of 2 year peak flow data Western Washington CBIA Hydromodification Report March 24 ,2008 20% of pre-project 2-year peak San Francisco Bay Region Order No R2-2007-0026, Permit flow No. CAS612005 Runoff volume control criteria. Projects subject to hydromodification controls will be required to retain the volume associated with a 0 75-inch event. This rain event depth corresponds to the 85th-percentile storm. Because this depth correlates with Attachment 4 treatment control standards, it allows the city and developers to optimize the costs associated with incorporating water quality benefits into a project. This approach is consistent with earning 2 Leadership in Energy and Envrinmental Design (LEED points under the LEED New Development (ND), Green Infrastructure & Building (GIB) Credit 7 Stormwater Management. Credit 7 of LEED ND GIB allows a total of 4 LEED points to be earned based on the percent of storm events retained The upstream diversion of water supplies to City of San Luis Obispo is greater than city's increased volume caused by future development (and potentially existing and future development) The City of San Luis Obispo Salinas Reservoir currently has a maximum storage capacity of 23,843 acre-feet. The City of Atascadero comprises of 17,088 acres of land If 100 percent of the City's 100-year event rainfall (5.5- inches)were collected and stored in the reservoir, the reservoir would only be at 30% capacity 22 232 Stream stability requirement: duration of runoff criteria. The term 'duration' implies the length of time a basin is allowed to discharge into receiving water However, as used by the Regional Board (and hydrologists and geomorphologists), the term represents the percent of times that a given runoff rate is exceeded Because the city lacks adequate data to define the runoff-duration curve for Atascadero Creek and that the Salinas River sediment transport is more influenced by larger storms, the City will not be defining its hydromodification controls based on flow duration receiving water relationships. The City will however, incorporate multi-stage discharge outlets to better mimic pre-development runoff regimes. Because rain gage data is available, it is the basis for sizing outlet orifices. A schematic representation of a basin with a multi-stage discharge outlet is shown in figure 3 (modified from Figure 1 of the"The Bay Area Hydrology Model — A Tool for Analyzing Hydromodiflcation Effects of Development Projects and Sizing Solutions , J Bicknell, et al, September 26, 2006) Overflow provision for peak Inflows site runoff after events(storage may also reductions from site design, be increased to meet flood infiltration or other retention control requirements) ` measures -� G D ------ - --- ----------------- E released at maximum discharge rate in pipe Vol Dead storage Discharge to (optional) stream Bottom infiltration B It t where applicable Figure 3 Schematic multi-stage discharge outlet. Legend: A)outlet riser B)low Bow orifice;C)intermediate orifice(1 shown);D)weir notch(V-type shown);E)freeboard above riser(typically 1 foot) Directly connected impervious areas new development. The February 15th letter requires that the effective impervious area of new development projects be maintained at less than five percent of the total project area. Effective impervious areas are areas such as rooftops, streets, sidewalks, and parking lots that drain directly to a stream or wetland system via pipes. They are considered "effective" because the effectively drain the landscape. Impervious areas that drain to landscapes, swales, parks and other pervious areas is considered "ineffective" because the water is allowed to infiltrate through the soil and into groundwater,without a direct connection to the stream of wetland Disconnecting impervious areas typically results in the decrease of the runoff volume and an increase of the time of concentration Historically there was no requirement to limit effective impervious area. However, in its hydromodification control plan, the City will require that the effective impervious area of new development projects be maintained at less than five percent of the total project area.The calculation of total project area will include only the portions of the development that are located on private property 23 233 Directly connected impervious areas re-development. The February 15th letter requires that the ww effective impervious area of re development projects be maintained at less than five percent of the total project area. See description above for definition of effective and ineffective impervious areas. Historically there was no requirement to limit effective impervious area However, in its hydromodification control plan, the City will require that the effective impervious area of re-development projects be limited to the maximum extent practicable The City hydromodification plan does not require a blanket maximum percentage for re-development projects. Redevelopment projects that would result in significant grading to meet a 'effective impervious area' percent requirements due to historical or adjacent property grades. The magnitude of earthwork and impacts to existing facilities, including utilities, necessary to implement grade changes will be used as part of the City's analysis in determining the practicality of disconnecting impervious surfaces Drainage Density Criteria. The City approach mimics the February 15th letter criteria for drainage density- For projects whose disturbed project area exceeds two acres, preserve the pre-construction drainage density (miles of stream length per square mile of watershed) for all drainage areas serving a first order stream (defined as a stream with no tributaries), and ensure that the post-project time of concentration is equal or greater than the pre-project time of concentration. In lieu fee requirement. An in-lieu fee is required for projects that are exempted from complying with infiltration or peak discharge requirements The in-lieu fee program will be developed as part of minimum control measure 5, post-construction, best management practice 1 (PC1 Post Construction Ordinance) during permit years 1 and 2 as part of the public hearing process. In lieu fee criteria. The in lieu fee as currently envisioned will be pro-rated based on the directly connected impervious area of the project. The rational for using directly connected impervious area is to encourage development to minimize the extent of directly connected impervious areas associated with their �.., project. The in-lieu fee program will be developed as part of minimum control measure 5, post-construction, best management practice 1 (PC1 Post Construction Ordinance) during permit year 2. An appropriate quantifiable metric will be determined through the public process. Examples of potentially appropriate numeric parameters include total impervious area, directly connected impervious areas and required rainfall retention volumes. Record Keeping The City will collect and retain site plans identifying impervious areas, surface flow directions for the entire site and location of post-construction storm water management controls, applicant drainage report and rationale for any exceptions or impracticability provisions, when appropriate. The city will also collect and retain a certified copy of the 0&M maintenance agreement and right of entry Owners will be responsible for ensuring that the facilities are maintained and continue to function as designed. The property owner will be required to complete an 0&M maintenance agreement and Operation and Maintenance Plan. The operation and maintenance plan will also require a right to enter that allows City Maintenance staff to address emergency maintenance if the responsible party fails to The 0&M Plan will be required to be filed as a covenant to the recorded deeds of all lots to enforce the imposition of any special tax assessment that may be necessary to maintain stormwater treatment facilities if the responsibility party fails or is unable to perform any of the obligations in the Maintenance Agreement. City will develop a post-construction inspection program as part of PC 3 during permit year 2. 24 234 *M+" The property owner will be required to complete an Operation and Maintenance (0&M) maintenance agreement and Operation and Maintenance Plan. The 0&M plan will: • Identify who is responsible for maintenance and how the maintenance is funded Include a copy of the maintenance agreement in the 0&M Plan. • Provide an overview of site drainage patterns, including all discharge points and the location of each treatment BMP • Document design parameters, features, methods and materials of construction, intended mode of operation and other key characteristics of stormwater treatment BMPs on your site. Include BMP manufacture data and manuals for proprietary BMP systems Include a list of prohibited practices and means of enforcement, • Provide a reference and checklist to be used during verification inspections. The checklists should be used for the maintenance report submitted to the City as required by maintenance agreement. • Identify a maintenance program and schedule to ensure treatment BMPs continue to operate as intended. Maintenance is required a minimum of once per year • Identify and itemize the anticipated budget in perpetuity after termination of the contractor maintenance period • Include a section to maintain historical inspection records and training logs. The 0&M Plan will be required to be filed as a covenant to the recorded deeds of all lots to enforce the imposition of any special tax assessment that may be necessary to maintain stormwater treatment facilities if the responsibility party fails or is unable to perform any of the obligations in the Maintenance Agreement. The City intends to establish, when funding is budgeted, an inspection program, including but not limited to routine inspections, random inspections, inspections based upon complaints or other notice of possible violations, inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants, inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the NPDES stormwater permit, and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records, sampling discharges, surface water, groundwater, and material or water in drainage control facilities, and evaluating the condition of drainage control facilities and other stormwater treatment practices. Impracticality Provisions. Recognized situations of impracticability include, (i) extreme limitations of space for treatment on a redevelopment project, (ii) unfavorable or unstable soil conditions at a site to attempt infiltration, and (iii) risk of ground water contamination because a known unconfined aquifer lies beneath the land surface or an existing or potential underground source of drinking water is less than 10 feet from the soil surface The criteria are consistent with Attachment 4 impracticality criteria and require engineering judgment. 25 235 3. Summary of Conclusions The City of Atascadero hydromodification control plan was developed with the goal and commitment to protect receiving waters through the implementation of numerical volume and peak discharges controls, and site design sizing requirements The City evaluated the tradeoffs of developing a city-specific (or region specific) model with the initial understanding that: "All models are wrong, but some are useful." -- George Edward Pelham Box (early statistician who used complex models to simplify real world problems) However upon looking at available watershed data to calibrate the model, the state of hydromodification control models currently being used by Phase I communities, the City goals and funding constraints, the City migrated to a philosophy more akin to Peter Norvig Peter is credited with the quote "All models are wrong, and increasingly you can succeed without them." — Peter Norvig (research director at Google) 26 236 Attachment D *.r 51 PERMIT YEAR 1 ($230,6001) PE2 Identify private learning institutions within the City that have 4th grade students. Implement program in one public, private learning institution, reaching at least 30% of the 4th grade students at that institution, if access is allowed. PE3 Landscape and pet waste management behaviors. An assessment of the need to prepare bilingual materials will be made based on census data. PE4 Landscape and pest control behaviors.An assessment of the need to prepare bilingual materials will be made based on census data. PE5 Place mutt mitt stations at 50% of public parks. Develop, in conjunction with North County Humane Society, appropriate measurable goals and timetables to reduce the feral cat population within the City limits and available City funding PE6A Establish and promote web page PP1 Host biennial stakeholders meeting PP2 Mark 20%of storm drain inlets. PP4 Identify priority stretches of creeks and roads suitable for diverse participation (i.e. public access, no known safety concerns, etc) Create map of areas up for adoption and protocols for the program. PP5 In collaboration with other municipalities, develop application and committee member selection criteria. Recruit and select TAC members. Determine appropriate sub committees and committee by-laws. ID1 Identify data gaps and focus on completing inventory of outlets associated with Atascadero Creek. Prioritize and create a plan to address remaining areas with data gaps. ID2 Create IDDE reporting form to log complaints and resolution. Develop response protocols. COW Identify local codes for E&SC requirements and identify needed Ordinances and Standards revisions if appropriate Confirm E&SC plan triggers are appropriate.Verify all plan checkers have received training related to E&SC practices. CON2 Develop construction site field review checklist, including verification of submission of NO1 and on- site maintenance of SWPPP, and an informational brochure related to proper implementation of E&SC practices. CON3 Create and promote stormwater hot line and internet based compliant form Establish protocols to follow up on construction site issues and with originator of complaint, if known. PC1 Train City development and review staff in good site design and Low Impact Development principals and hydromodification policy Develop in-lieu fee options. GH2 Prepare inventory and assessment of typical municipal activities. GH3 Prepare inventory and assessment of municipal facilities. 5.2 PERMIT YEAR 2 ($227,300') PE2 Increase student participation 20%each year if participation is under 50%, if access is allowed by the public/private schools. PE3 Two new topics addressed through community based social marketing programs. PE4 Two new topics addressed through community based social marketing programs. PE5 Place mutt mitt stations at 50%of public parks. Support feral cat population reduction efforts. PE6C Maintain and promote web page Atascadero SWMP Initial Public Review January9,2009 Preliminary Draft Page 86 237 PP4 Create informational pack, order support materials. Solicit one organization for participation in demonstration project. `w PP5 In collaboration with other municipalities, evaluate and make recommendations for region specific construction pollution prevention and LID design standards manual. Identify and prioritize regional priorities. ID1 Identify data gaps and focus on completing inventory of outlets associated with Atascadero Creeks Prioritize and create a plan to address remaining areas with data gaps. Create IDDE reporting form to log complaints and resolution. Develop response protocols. Begin tracking complaints received and City responses with the goal of investigating 100%of the complaints received within 48 hours. ID2 Provide in-house training to present IDDE procedures and increase awareness. Solicit feedback of field crews and revise program as necessary CON1 Ordinances and Standards required revisions adopted if needed. Develop Standard Conditions of Approval and an informational brochure related to E&SC practices.Train staff in construction site runoff controls. PCI Amend or create ordinances and Standards to reflect required revisions adopted PC2 Adopt or create a LID Design Guidance Manual PC3 Develop construction site field review checklist.Train inspection staff Include Post Construction Stormwater Management responsibilities as a topic in pre-construction meeting. Post construction included in discretionary review process. PC4 Conduct post construction BMP maintenance inspections. GH2 Develop standard operating procedures handbook for typical municipal activities. GH3 Develop standard operating procedures handbook for municipal facilities. 53 PERMIT YEAR 3 ($171,4001) PE2 Increase student participation 20%each year if participation is under 50%, if access is allowed by the public/private schools. PE3 Two new topics addressed through community based social marketing programs. PE4 Two new topics addressed through community based social marketing programs. PE5 Maintain mutt mitt stations. Support feral cat population reduction efforts. PE66 Incorporate recommended manuals into City standards, code, and public education materials. PE6C Maintain and promote web page PP1 Host Biennial Stakeholders Meeting PP2 Modify City standards 502 through 504 Mark 20%of unmarked inlets. PP4 Adopt lessons learned from demonstration project. Edit materials accordingly Promote program. Establish baseline participation metrics. PP5 Through the TAC, address timely and technical water quality topics based on priorities established and at the request of the SLO County Partners for Water Quality Group ID1 Update database. ID2 Conduct dry weather inspections of 100%of high risk outlets year Promote public complaint process. ID3 Draft Ordinance will be developed, provided for public review and adopted. CONI Train staff in construction site runoff controls. PC2 Revise CEQA initial study checklist. Develop a Post Construction Stormwater Management plan review checklist, Standard Conditions of Approval and informational brochure related to Post Construction Stormwater Management practices. Require Post Construction Stormwater Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 87 238 Management as a topic in pre-application meeting Train new plan reviewers on Post Construction Stormwater Management plan check requirements. PC3 Post construction included in discretionary review process PC4 Conduct post construction BMP maintenance inspections. 54 PERMIT YEAR 4 ($ 131,5001) PE2 Increase student participation 20%each year if participation is under 50%, if access is allowed by the public/private schools. PE3 Two new topics addressed through community based social marketing programs PE4 Two new topics addressed through community based social marketing programs. PE5 Maintain mutt mitt stations. Support feral cat population reduction efforts. PE6C Maintain and promote web page PP2 Mark 20% of storm drain inlets. PP4 Promote adopt a creek/road program, increase participation each year PP5 Through the TAC, address timely and technical water quality topics based on priorities established and at the request of the SLO County Partners for Water Quality Group ID1 Update database ID2 Conduct dry weather inspections of 100% of high risk outlets year Promote public complaint process IN Provide in-house training to present IDDE procedures and increase awareness. Review results (fines, improvements, etc) made as a result of violations observed and reported during year 2 and 3 Solicit feedback of field crews and revise program as necessary "+ ID3 Ordinance will be implemented and enforced throughout the term of the permit. Enforcement actions will be documented and included in the Annual Report. PC3 Post construction included in discretionary review process PC4 Conduct post construction BMP maintenance inspections. PC5 Verify existing policies are appropriate and exceed RWQCB riparian protection policies. 55 PERMIT YEAR 5 ($ 111,5001) PE2 Increase student participation 20% each year if participation is under 50%, if access is allowed by the public/private schools. PE3 Two new topics addressed through community based social marketing programs. PE4 Two new topics addressed through community based social marketing programs. PE5 Maintain mutt mitt stations.Support feral cat population reduction efforts. PP1 Host Biennial Stakeholders Meeting PP2 Mark 20%of storm drain inlets. PP4 Promote adopt a creek/road program, increase participation each year PP5 Through the TAC, address timely and technical water quality topics based on priorities established and at the request of the SLO County Partners for Water Quality Group ID1 Update database. ID2 Conduct dry weather inspections of 100% of high risk outlets year Promote public complaint process CON1 Train development review staff in construction site runoff controls. Atascadero SWMP Initial Public Review January 9 2009 Preliminary Draft Page 88 239 PC3 Post construction included in discretionary review process PC4 Conduct post construction BMP maintenance inspections. '"WO, 5 6 PERMIT YEAR 1 - 5 (Cost of BMPs applied over all years has been included in individual year totals) PE1 Participate in majority of SLO County Partners for water quality meetings; Meet with AMWC semi- annually to coordinate support opportunities, Provide space for SLO Green Build to maintain a kiosk at the City Permitting Help Desk, maintain standing with Tree City USA organization. PP1 B Provide legal notice (as often as required) PP1 C Post Annual Report, provide mechanism to comment on program priorities and effectiveness. PP3 Participate and promote county wide creek clean up day CON2 Require pre-construction meetings be held for Major Grading projects (>500 cubic yards disturbed) Train inspection staff as necessary Update web site with links to Contractor E&SC training opportunities. CON2 Train construction field inspection staff in construction site runoff controls. CONS Establish construction site complaint reporting mechanism.Track complaints. GH1 Annually conduct training modules, complete a minimum of two unscheduled inspection of facilities or operations to verify Pollution Prevention/Good Housekeeping BMPs are being practiced Revise program as necessary ** Track and monitor all BMPs. Compile and post annual report. Costs are estimated and may change up or down as the plan are formalized and more information is known. Atascadero SWMP Initial Public Review January 9,2009 Preliminary Draft Page 89 240 ITEM NUMBER: C- 1 DATE. 01/27/09 CGl7 r r R' II f leis A►,��cm Atascadero City Council _ Staff Report - Community Services Department Request by San Luis Obispo County Board of Supervisors (SLOBOS) for Consent to Create a San Luis Obispo Tourism Business Improvement District (SLOTBID) RECOMMENDATION- Council adopt Draft Resolution, authorizing the San Luis Obispo Board of Supervisors to create the San Luis Obispo Tourism Business Improvement District, and granting the San Luis Obispo Board of Supervisors jurisdiction for all the purposes in connection with creation and operation of the proposed San Luis Obispo Tourism Business Improvement District, with input from the lodging businesses and participating cities DISCUSSION On October 10, 2006, the City Council approved the City's participation in a county-wide BID at 1%. The effort was not successful county-wide, however, so the endeavor was suspended The BID effort is being revisited at this time, but at a revised assessment of 2%. The lodging industry, in concert with the San Luis Obispo County Visitors and Conference Bureau (VCB), is interested in establishing a countywide tourism Business Improvement District (BID) that will substantially increase tourism marketing programs for the participating areas, including Atascadero The tourism BID will raise funds for a specific purpose (tourism promotion), create a sustained tourism promotion budget, and enable a significant campaign to be launched that will increase visitor demand The VCB believes that with increased competition from Santa Barbara and Monterey Counties, and an unprecedented number of new rooms proposed to be built countywide and occupancies slowly decelerating, the need for additional promotion has never been greater This item initiates the BID formation process by asking the cities of the County to consent to join a countywide BID Informational meetings have already been held for the affected unincorporated areas and participating cities, including Cambria, Cayucos, San Simeon, Arroyo Grande and Atascadero Formal hearings on the actual formation of a BID will follow at the County level when the number of cities consenting has been established. The formal hearings are the opportunity for protests to be registered 241 ITEM NUMBER. C- 1 DATE. 01/27/09 The BID is a process set by State law (1989 Parking and Business Improvement Area Law) to allow businesses to raise funds for specific purposes that will benefit those businesses It is not subject to Proposition 218 voting requirements that cover other forms of assessment districts However, a BID proposal is subject to veto by written protest from a "proportional majority" of affected parties. Such a majority would be formed by the number of affected business owners who would pay 50% or more of the proposed assessment. This protest opportunity is available once each year for the life of the assessment in addition to the initial process The County, acting as the lead agency, has approved the resolution of request to form the BID within the boundaries of the cities The San Luis Obispo County VCB would contract with the County to develop and implement the marketing plan in concert with the lodging industry The BID boundaries would encompass all lodging industry businesses (excluding RV parks) that are currently assessed Transient Occupancy Tax (TOT) of the County and all participating cities The assessment would be set at 2% of the nightly room rental revenues and collected in similar fashion to TOT The SLO County VCB staff and the lodging industry have spent many months consulting with lodging owners and believe they have support from the industry, especially in Atascadero, for this proposal The money raised through the assessment would be applied specifically for marketing purposes with the intent of increasing tourism and, therefore, increasing revenues for the lodging industry and city and county The BID assessment would be a legal government levy that can be audited and enforced in the same fashion as taxes such as the TOT Intended Results. As per BID law, those businesses paying the assessment will benefit directly from the increased promotion that will take place as a result of a substantially larger tourism marketing program As tourism in Atascadero increases, so will the taxes paid by visitors in the form of sales tax and TOT, benefits the city will enjoy The onus will be on the SLO County VCB or other contractor, to meet the expectations of the lodging industry paying the assessment. Measurements will be developed to track effectiveness of the programs to ensure the program's viability The ultimate grade will be determined by the lodging industry as they determine whether or not the benefit is great enough to continue the assessment on an annual basis FISCAL IMPACT If the BID passes county-wide, the revenues raised will depend on the number of cities that choose to participate but are anticipated to be in the $1 million to $2 million per year range ATTACHMENTS 1 Draft San Luis Obispo County Board of Supervisors Resolution 2. Draft Resolution Giving Consent for BID Formation 242 IN THE BOARD OF SUPERVISORS Attachment i COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA ____day_________, 2009 PRESENT ABSENT RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO DECLARING ITS INTENTION TO ESTABLISH THE SAN LUIS OBISPO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT (SLOCTBID), DECLARING ITS INTENTION TO LEVY AN ASSESSMENT ON LODGING BUSINESSES WITHIN SUCH DISTRICT, AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS, the San Luis Obispo County Lodging Steering Committee in conjunction with the San Luis Obispo County Visitors&Conference Bureau ("SLOCVCB") supports the Board of Supervisors of the County of San Luis Obispo (the "Board of Supervisors") establishing the San Luis Obispo County Tourism Business Improvement District ("SLOCTBID") and levying an annual assessment on lodging businesses, which include hotels, motels, bed and breakfasts, and vacation homes within the proposed SLOCTBID, and WHEREAS, the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Section 36500 et seq , authorizes counties to establish business improvement areas for the purpose of promoting tourism, and WHEREAS, the city councils of the Cities of Morro Bay, Atascadero and Arroyo Grande have consented to the creation of the SLOCTBID, and WHEREAS, lodging businesses within the proposed SLOCTBID have requested the Board of Supervisors establish such an improvement area. NOW THEREFORE, the Board of Supervisors of the County of San Luis Obispo does hereby resolve, determine and find as follows Section 1. The recitals set forth herein are true and correct. Section 2 The Board of Supervisors declares its intention to establish the San " Luis Obispo Tourism Business Improvement District ("SLOCTBID") and to levy and 243 collect annual assessments against lodging businesses within the SLOCTBID boundaries pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq (the "Law"), commencing thirty (30) days after approval of the ordinance establishing the SLOCTBID Section 3 The boundaries of the SLOCTBID shall be the boundaries of the County of San Luis Obispo and the cities of Atascadero, Morro Bay and Arroyo Grande Section 4. The name of the business improvement area shall be the "San Luis Obispo County Tourism Business Improvement District." Section 5. The Board of Supervisors hereby declares that the types of improvements and activities to be funded by the levy of assessments against lodging businesses within the SLOCTBID are tourism promotions and marketing programs to promote San Luis Obispo County as a tourism destination and projects, programs, and activities that benefit lodging businesses located and operating within the boundaries of the district. The proposed improvements and activities shall be targeted at increasing transient stays Section 6. Except where funds are otherwise available, an assessment will be levied annually against lodging businesses to pay for the improvements and activities within the SLOCTBID commencing thirty (30) days after approval of the ordinance establishing the SLOCTBID Assessments will be collected in monthly installments or such other installments as determined by the Board of Supervisors The proposed assessment is to be levied on all lodging businesses, which include hotels, motels, bed and breakfasts, and vacation homes, within the SLOCTBID boundaries based upon of the rent charged by the operator per occupied room per night for all transient occupancies Federal government employees on government business will be exempt from the levy of assessment. Extended stays, defined as more than 30 consecutive calendar days, shall be exempt from the levy of assessment. New lodging businesses within the boundaries of the SLOCTBID shall not be exempt from the levy of assessment. Assessments levied pursuant to the SLOCTBID shall not be included in gross room rental revenue for the purpose of determining the amount of the transient occupancy tax. Section 7. The Board of Supervisors hereby sets as the date for a public meeting on the establishment of the SLOCTBID and the levy of assessments and as the date for a public hearing on the establishment of the SLOCTBID and the levy of assessments Both the public meeting and the public hearing will be held at 9 00 a.m , or as soon thereafter as practicable, in the County of San Luis Obispo, Board Chambers, 1055 Monterey Street, San Luis Obispo, California. Section 8. At the public meeting and public hearing the testimony of all interested persons for or against the establishment of the SLOCTBID, the extent of the SLOCTBID, or the furnishing of specified types of improvements or activities will be heard A protest may be made orally or in writing by any interested person Any protest pertaining to the regularity or sufficiency of the proceedings shall be in 244 writing and clearly state the irregularity or defect to which objection is made To count in the determination of a majority protest against the SLOCTBID, a protest must be in writing *40W Written protests must be received by the Clerk of the Board, County of San Luis Obispo before the close of the public hearing scheduled herein and may be delivered or mailed to the Clerk of the Board, County of San Luis Obispo, 1055 Monterey Street, Suite D120, San Luis Obispo, California. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing Each written protest shall contain a written description of the business in which the person signing the protest is interested sufficient to identify the business If the person signing the protest is not shown on the official records of the County of San Luis Obispo as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business A written protest which does not comply with this section shall not be counted in determining a majority protest. Section 9. If, at the conclusion of the public hearing, protests are received from the owners of businesses in the proposed SLOCTBID which will pay fifty percent (50%) or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protest to less than fifty (50%) percent (i e , there is a majority protest), no further proceedings to create the SLOCTBID, as contained in this resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the Board of Supervisors If the majority protest is only against the furnishing of a specified type or types of improvement or activity within the SLOCTBID, those types of improvements or activities shall be eliminated Section 10. Further information regarding the proposed SLOCTBID may be obtained from the Clerk of the Board, County of San Luis Obispo, 1055 Monterey Street, Suite D120, San Luis Obispo, California. Section 11. The Clerk of the Board is instructed to provide notice of the public meeting and public hearing in accordance with law Section 12. This resolution shall take effect immediately upon its adoption by the Board of Supervisors, and the Clerk of the Board shall certify to the vote adopting this resolution PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of San Luis Obispo, State of California, held on this day of , 2009 by the following vote Upon motion of Supervisor , seconded by Supervisor , and on the following roll call, to wit: AYES Win., NOES 245 ABSENT ABSTAINING moo the foregoing resolution is hereby adopted COUNTY OF SAN LUIS OBISPO BY Chairperson, Board of Supervisors ATTEST By. Clerk of the Board of Supervisors APPROVED AS TO FORM AND LEGAL EFFECT WARREN R JENSEN County Counsel By- Assistant County Counsel Date 246 Attachment 2 '#.r DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, STATE OF CALIFORNIA, GRANTING CONSENT TO THE COUNTY OF SAN LUIS OBISPO TO FORM THE SAN LUIS OBISPO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT (SLOCTBID) WHEREAS, the County of San Luis Obispo is beginning the process to establish a San Luis Obispo County Tourism Business Improvement District (SLOCTBID) pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq , to promote tourism and the lodging businesses in San Luis Obispo County; and, WHEREAS, the Board of Supervisors of the County of San Luis Obispo has requested consent to create the SLOCTBID, at an assessment of 2%, in the unincorporated areas of Cambria, Cayucos and San Simeon, and the cities of Arroyo Grande and Atascadero with adoption of the proposed Resolution to be brought before the Board of Supervisors on Tuesday, March 17, 2009 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero that. Section 1. The above recitals are true and correct. Section 2. The City Council consents to the County of San Luis Obispo forming the San Luis Obispo County Tourism Business Improvement District, which District shall include the City of Atascadero. Section 3. The City Clerk is hereby directed to transmit a certified copy of this Resolution, to the Clerk of the County of San Luis Obispo Board of Supervisors Section 4. This Resolution is effective upon its adoption. 247 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- Ellen Beraud, Mayor ATTEST Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM. 1400 Brian A. Pienk, City Attorney N"01 248 ITEM NUMBER. E—5A DATE 01/27/09 City of Atascadero Quarterly Commissioner Attendance Report October through December, 2008 S Julie Dunn * P P A(E) Jay Sechrist* P P P Barbie Butz A(E) P P Sorrel Marks P P P Jonalee Istenes P P A(E) Dan Chacon P A E P Ann Hatch P P P Susan Greenaway * P Tom Zirk* IN P The terms of office for Dunn &Sechrist ended on 12/18/08. Greenaway &Zirk were sworn in on 12/18/08. ZIM2 ec vg as Sandy Jack P P P P Joan O'Keefe * P P P Roberta Fonzi P P P Heather Moreno P P P P Dan O'Grady P A(E) P P Doug Marks * P P P Pamela Heatherington P A E P P David Bentz* P Brian Sturtevant * = P * The terms of office for O'Keefe and Marks ended on 12/16/08. Bentz and Sturtevant were sworn in on 12/16108. P= Present A =Absent A(E)= Excused Absence 249