HomeMy WebLinkAboutAgenda Packet 011309 r 6Fr- r Jr-.. I�
Sa79 CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, January 13, 2009
City Hall Council Chambers
6907 EI Camino Real, Atascadero, California
City Council Closed Session 5 00 P M
Redevelopment Agency- 6 00 P M
City Council Regular Session Immediately following the
Redevelopment Agency meeting
Public Financing Authority- Immediately following the City
Council meeting
CLOSED SESSION 5 00 P M
1 PUBLIC COMMENT— CLOSED SESSION
2. CALL TO ORDER
a. 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
Under Negotiation Instruction to negotiator will concern price and terms
of payment
b. Public Employee Discipline/Dismissal/Release (Govt. Code Sec
54957)
3. ADJOURN
CLOSED SESSION REPORT
REDEVELOPMENT AGENCY 6 00 P M
REGULAR SESSION Immediately following the conclusion of the
Redevelopment Agency meeting
PLEDGE OF ALLEGIANCE Council Member O'Malley
ROLL CALL. Mayor Beraud
Mayor Pro Tem Fonzi
Council Member Clay
Council Member Kelley
Council Mayor O'Malley
APPROVAL OF AGENDA. Roll Call
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 )
1 City Council Special Meeting Draft Minutes — November 12, 2008
■ Recommendation. Council approve the City Council Special Meeting
Minutes of November 12, 2008 [City Clerk]
2. City Council Special Meeting Draft Minutes — November 22, 2008
■ Recommendation. Council approve the City Council Special Meeting
Minutes of November 22, 2008 [City Clerk]
3. City Council Draft Minutes — November 25, 2008
■ Recommendation. Council approve the City Council Meeting Minutes of
November 25, 2008 [City Clerk]
4. City Council Draft Minutes — December 9, 2008
■ Recommendation. Council approve the City Council Meeting Minutes of
December 9, 2008 [City Clerk]
5. City Council Special Meeting Draft Minutes — December 17, 2008
■ Recommendation. Council approve the City Council Special Meeting
Minutes of December 17, 2008 [City Clerk]
6 Adoption of an Alcohol Policy for the Pavilion on the Lake
■ Recommendation. Council adopt the proposed liquor policy for events to
be held at the Pavilion on the Lake
■ Fiscal Impact: Unknown A few private groups may decide to hold events
elsewhere if they cannot serve hard alcohol [Community Services]
7 Transit Vehicle Purchase - Purchase of a 22 Passenger Transit Bus
through the State Department of General Services
■ Recommendation. Council
1 Adopt the Draft Resolution authorizing the State Department of
General Services to purchase vehicles on behalf of the City of
Atascadero, and,
2 Authorize Staff to proceed with the purchase with the purchase of the
22-passenger transit bus
■ Fiscal Impact: The total cost of the vehicle will be $65,000 of budgeted
Transit Funds-2009 cycle [Public Works]
8. Acceptance of the Offers of Dedication for Public Open Space — Tracts
2525, Phases I and II
■ Recommendations. Council
1 Adopt the Draft Resolution A accepting the Public Improvements within
the areas proposed for Dedication of Public Open Space on Tracts
2525, Phases I and II, (excepting Open Space Lot 3) and reject the
improvements in the areas of dedication for maintenance, and,
2 Adopt the Draft Resolution B accepting the Offer of Dedications for
Public Open Space, in Fee Simple, on Tracts 2525, Phases I and II,
(excepting Open Space Lot 3)
■ Fiscal Impact: The City will be responsible for approximately 25% of the
maintenance costs of the public open space The actual cost will be
computed annually during the assessment period The City's costs for the
2008-2009 (current year) are estimated to be $7,500 from currently
budgeted general funds [Public Works]
9 Annual Sewer Line Cleaning Services — Change Order #2
■ Recommendation. Council authorize the City Manager to execute a
Change Order in the amount of $6,592 00 to Mark Simon Sewer
Maintenance for sanitary sewer-line cleaning services
■ Fiscal Impact: No additional appropriation required $6,592 00 of
budgeted Wastewater Funds will be used to cover this expenditure
[Public Works]
10 Streetscape Phase II Design Contract Change Order— Rick Engineering
■ Description. Design Services for the Rosario Gateway, Entry Arch,
Pedestrian Tunnel, El Camino Real Paving, Wayfinding, Street Lighting,
Bus Stop and Bridge Railing Improvements
• Recommendations. Council
1 Authorize the City Manager to execute a contract change order in the
amount of $20,000 with Rick Engineering Incorporated to pay for
additional design work beyond the scope of the original contract., and,
2 Authorize the City Manager to approve any additional change orders
with Rick Engineering for a total amount not to exceed $20,000 00
■ Fiscal Impact: The maximum possible fiscal impact is $40,000 00 of
2007-2009 budgeted funds [Public Works]
11 Proposition 1 B Grant Applications — Bus Stop Improvement Proiect
■ Description. If successful, this grant would bring $100,000 for bus stop
improvements
■ Recommendation. Council approve the attached draft Resolution
authorizing the submission of the grant application to the San Luis Obispo
Council of Governments (SLOCOG) for Proposition 1B funding for bus
stop improvements in the amount of $100,000 00
■ Fiscal Impact: None Staff is applying for $100,000 in 08/09 Proposition
1 B funding for the Bus Stop Improvement Project. An additional $52,500
has been budgeted through FTA 5307 and TDA funds for this project.
[Public Works]
12.Proposition 1 B Safety and Security Grant Application
■ Recommendation. Council approve the attached Draft Resolution
authorizing the submission of the grant application to the San Luis Obispo
Council of Governments (SLOCOG) for Proposition 1 B Safety and
Security funding for security lighting and cameras in the amount of
$20,000
■ Fiscal Impact: None Staff applied for $20,000, the Board voted to award
$18,880 pending Council approval Agencies are also allocated a small
portion of the 113 Safety and Security funding on a formula basis, for
Atascadero the total for 07/08 and 08/09 is $1,120, bringing the total 1B
funding available for this project to $20,000 [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 None.
C MANAGEMENT REPORTS
1 Fiscal Year 2007-2008 Audit
■ Recommendation. Council review and accept the financial audit for the
period ending June 30, 2008
■ Fiscal Impact: None [Administrative Services]
2. Assembly Bill 885 (AB885) Draft Onsite Wastewater Treatment System
Regulations
■ Recommendations. Council receive information on proposed State
Regulations concerning Septic Systems, and provide feedback regarding
staff's comments to the State Water Resources Control Board
■ Fiscal Impact: The long term fiscal impact on the City from both the State
Water Board statewide and Central Coast Water Board Basin Plan
regulations is unknown at this time Cost could be significant depending
on what the City is required to do in a Septic System Management Plan
Long term work includes costs for inspection systems, record keeping,
and amending local codes Short term fiscal impacts includes staff's time
to review the regulations, travel costs for the trip to the Public Meeting in
Fresno, and staff's time to review the standards and develop comments
[Public Works]
3. Review of Accomplishments and Challenges in Preparation for City
Council Strategic Planning
■ Recommendations. Council
1 Review and comment on a presentation of the City's accomplishments,
challenges, and finances in preparation for City Council Strategic
Planning, and,
2 Recommend topics for strategic planning agenda.
■ Fiscal Impact: None [City Manager]
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.)
1 Council Member Clay
Council Member Clay requests that the following be included on the agenda
when Wal-Mart is discussed
a. 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,
b Move the Garden Center outside of the main building,
c Add a drive-thru pharmacy to the main building
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)
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'Malley
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
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 13, 2009 Regular Session of the Atascadero City Council
was posted on January 7 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 7th day of January, 2009, at Atascadero, California.
Victoria Randall, Deputy City Clerk
City of Atascadero
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 EI 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 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)
ITEM NUMBER. A- 1
DATE 01/13/09
SPECIAL JOINT MEETING
Atascadero City Council
Atascadero Planning Commission
Wednesday, November 12, 2008
5.30 p.m (Display Exhibits)
6.00 p.m. (Informational Forum)
Informational Forum Regarding the Regional
Water Quality Control Board's Proposed Basin
Plan Amendments for Septic Systems
DRAFT MINUTES
This Forum began at 5 50 p m
Present: Council Members Clay, O'Malley and Mayor Beraud
Council Members Elect Fonzi and Kelley
Planning Commissioners Heatherington, Marks, O'Grady, O'Keefe
and Moreno
Others Present: Community Development Director Warren Frace and Deputy Public
Works Director David Athey
Mr Athey gave a presentation concerning the San Luis Obispo County Regional Water
Quality Control Board and Mr Frace reviewed the CEQA scoping meeting scheduled for
November 14, 2008
CC Special Meeting Draft Minutes of 11/12/08
Page 1 of 2
ITEM NUMBER A- 1
DATE 01/13/09
This meeting was noticed as a Special Meeting to enable a majority of the City Council
and Planning Commission to attend This is an Informational Forum, and no actions
were taken
ADJOURNMENT The City Council and Planning Commission adjourned at 8 30
p m to their next regularly scheduled meetings
MINUTES PREPARED BY
Marcia McClure Torgerson, C M C , City Clerk
CC Special Meeting Draft Minutes of 11/12/08
Page 2 of 2
ITEM NUMBER. A-2
DATE. 01/13/09
SPECIAL MEETING
ATASCADERO CITY COUNCIL AND
PLANNING COMMISSION
Economic Development Public Workshop
Saturday, November 22, 20089 8:30 a.m.
DRAFT MINUTES
The meeting was called to order at 8.55 a.m
Present: Council Members Clay, O'Malley, Council Member Elect Kelley and
Mayor Pro-Tem Beraud
Planning Commissioners Jack, Marks, and Chairperson (and Council
Member Elect) Fonzi
Absent: Council Member Luna and Mayor Brennler
Planning Commissioners O'Keefe, Heatherington, Moreno and
O'Grady
Others Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
and Deputy City Clerk Lisa Cava.
This Workshop was noticed as a Special Meeting of the City Council and Planning
Commission to allow a majority of the City Council and Planning Commission to attend
Economic Development Public Workshop
The Economic Development Consultant, Applied Development Economics (ADE),
presented their research findings to date and facilitated the public workshop which
included suggestions and comments from the attendees regarding future opportunities
for economic growth and development.
ADJOURNMENT The City Council and Planning Commission adjourned at 12 05
p m to their next regularly scheduled meetings
MINUTES PREPARED BY
Lisa Cava, Deputy City Clerk
ITEM NUMBER. A- 3
DATE. 01/13/09
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1879
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CITY COUNCIL
DRAFT MINUTES
Tuesday, November 25, 2008
CITY COUNCIL REGULAR SESSION
Mayor Brennler called the meeting to order at 6 05 p m and Mayor Pro Tem Beraud led
the Pledge of Allegiance
ROLL CALL
Present: Council Members Clay, Luna, O'Malley, Mayor Pro Tem Beraud
and Mayor Brennler
Absent: None
Others Present: City Clerk / Assistant to the City Manager Marcia McClure
Torgerson, and Deputy City Clerk Susanne Anshen
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
City Attorney Brian Pierik, Community Services Director Brady
Cherry, and Police Chief Jim Mulhall
APPROVAL OF AGENDA
MOTION By Council Member O'Malley and seconded by Mayor Pro Tem
Beraud to approve the agenda.
Motion passed 5.0 on a roll-call vote.
CC Draft Minutes of 11/25/08
Page 1 of 11
ITEM NUMBER. A- 3
DATE 01/13/09
PRESENTATIONS
1 Council Member George Luna — Recognition for 20 Years of Service
City Manager McKinney presented Council Member Luna with a clock in appreciation
for his 20 years of service to Atascadero
Council Member Luna thanked Mr McKinney for his kind words and spoke of his hopes
for the future of Atascadero George Luna thanked his wife for her own contributions to
the City of Atascadero
Mayor Pro Tem Beraud thanked George Luna and stated he has always put the needs
of the public first.
Council Member Clay thanked George Luna for all his years of service and wished him
the best.
PUBLIC COMMENT
Marge Mackey wished George Luna a wonderful and fun life and stated there are many
people that could not attend tonight that appreciate everything he has done for the City
of Atascadero
Tom Comar expressed his thanks for the sacrifice George Luna has made for his City
Council work and thanked Ursula, George's wife
Rick Matthews thanked George Luna for everything he has provided to this community
and hoped we can live up to his vision
Geraldine Brasher thanked George Luna for his public service
Pam Heatherington thanked George Luna for introducing her to politics in Atascadero
and thanked him for all his hard work.
Bob Powers stated George Luna is a very honest and decent person who really cares
about the City of Atascadero
Council Member O'Malley stated George Luna introduced him to politics, and
appreciated Mr Luna's fiscal conservatism and ability to compromise
Mayor Brennler expressed that 20 years is remarkable and thanked George Luna for
always being polite to him and thanked him for his service
Gretchen Wright stated George Luna introduced her to the crucial items facing the City
and thanked George Luna for always voting with his constituents
CC Draft Minutes of 11/25/08
Page 2 of 11
ITEM NUMBER. A-3
DATE 01/13/09
Marianna Good stated she appreciates George Luna's integrity and presented him with
a balloon bouquet.
Joan O'Keefe thanked George Luna for appointing her to the Planning Commission and
expressed her appreciation for George Luna and his wife's passion for trees that they
share
2. Fire Service Awards — Fire Chief Kurt Stone presented five awards for
completion of 250 to 700 hours of training through the Joint Apprenticeship
Committee (JAC), a partnership between the Community Colleges,
Professional Firefighters Union of California, and the California Fire Chiefs'
Association to Jason Smith (Joint Apprenticeship Fire Engineer), Brian
Westerman (Fire Engineer), Nate Hasch (Certified JAC Paramedic), and
Captains Casey Bryson and Scott Hallet (Fire Officer Instructor 1)
3 Technology Achievement Award presented by City Manager Wade
McKinney to the City of Atascadero, an Award of Excellence by the Municipal
Information Systems Association of California Mr McKinney introduced the
team, lead by Assistant City Manager Jim Lewis, Database Programmer Tom
Whaley, Support Services Tech David Anastasia, Systems Administrator Ken
Phillips, and GIS Analyst Luke Knight.
4 Police Department will introduce newest member of the K-9 Program,
"Aik." Chief Jim Mulhall introduced Aik, the newest member of the K-9
Team, since Zep's retirement. Chief Mulhall introduced Sgt. Roger Milay,
who is in charge of the K-9 Program Each dog receives a badge with his
name and number, and Sgt. Milay presented Aik with his own badge
A. CONSENT CALENDAR
1 City Council Draft Minutes — October 14, 2008
■ Recommendation. Council approve the City Council Meeting Minutes of
October 14, 2008 [City Clerk]
2. July 2008 Accounts Payable
■ Fiscal Impact: None
■ Recommendation Council approve certified City accounts payable, payroll
and payroll vendor checks for July, 2008 [Administrative Services]
CC Draft Minutes of 11/25/08
Page 3 of 11
ITEM NUMBER. A- 3
DATE. 01/13/09
3 Campaign Ordinance Adoption - 2nd Reading
■ Fiscal Impact: The fiscal impact of the adoption of this Ordinance will be
the staff time involved in the implementation of the Ordinance and the
Candidate Statement fees the City will have to cover The staff time will
include processing of Declaration of Candidacy Statements, calculation of
expenditure limit each election season, public noticing requirements, press
releases, postings on the website and processing of additional Late
Contribution Reports The Candidate Statement fees will be approximately
$250 00 per candidate
■ Action. Council adopt on second reading by title only the Draft Ordinance
amending the Atascadero Municipal Code by adding Chapter 19 to Title 2,
adopting an ordinance to be known as "Atascadero Campaign Ordinance "
[City Attorney]
4 Nuisance Abatement Ordinance Adoption - 2nd Reading
• Fiscal Impact: The ordinance would allow the City to recover its costs in
the event summary abatement is necessary to address an imminent threat
to public safety The exact fiscal impact cannot be determined in advance
of a particular summary abatement action
■ Recommendation. Council adopt on second reading by title only, the Draft
Ordinance amending Section 9-8 107 of title 9, Chapter 8 of the Atascadero
Municipal Code pertaining to summary nuisance abatement procedures
[City Attorney]
5 Temporary Road Closure — Holiday Tree Lighting
■ Fiscal Impact: $190 00 in staff time for the installation of Road Closed
signs
■ Recommendation. Council approve a request by Staff for a temporary
road closure for the Holiday Tree Lighting Ceremony on December 5th
2008 [Public Works]
6 Temporary Road Closure — Holiday Musical Walk Around the Lake
■ Fiscal Impact. $320 00 in staff time for placing barricades
■ Recommendation Council approve the temporary road closure for the
annual Holiday Musical Walk Around the Lake on December 6th, 2008
[Public Works]
7 Supplemental Law Enforcement Services Fund
■ Fiscal Impact: $100,000 in SLESF grant funds. Costs do not affect the
General Fund
■ Recommendation Council designate the 2008/2009 Supplemental Law
Enforcement Services Fund (SLESF) monies, in the amount of
$100,000 00, to be used for frontline Police services [Police Department]
David Broadwater asked to have Item No A-2 pulled from the Consent Calendar
CC Draft Minutes of 11/25/08
Page 4 of 11
ITEM NUMBER. A-3
DATE 01/13/09
MOTION By Council Member O'Malley and seconded by Council
Member Clay to approve Items A-1, A-3, A-4, A-5, A-6 and A-7
of the Consent Calendar (with O'Malley and Clay stating they
are voting no on A-3)
Motion passed 5.0 on a roll-call vote for Items A-1, A-4, A-5, A-
6 and A-7 a roll-call vote. , (Item A-4 Ordinance No. 537)
Motion passed 3 2 on a roll-call vote for Item A-3 (O'Malley and
Clay opposing Item A-3) (Item A-3 Ordinance No 536)
Item #A-2
David Broadwater stated he requested Item A-2 be pulled from the agenda and made
reference to the distribution listing for the month of July, Check No 116503 issued to
the Atascadero Chamber of Commerce in the amount of $28,458 00 under a contract
between the City of Atascadero and the Atascadero Chamber of Commerce and stated
the Chamber has failed to consistently provide the accounting for three years
Council Member Luna asked the City Manager if July's accounts payable have already
been paid Mr McKinney stated they have been paid
MOTION By Council Member Clay and seconded by Council Member
O'Malley to approve Item No A-2 on the Consent Calendar
City Manager Wade McKinney and City Attorney Brian Pierik answered questions of
Council
Mayor Brennler called for the Motion
MOTION By Council Member Clay and seconded by Council Member
O'Malley to approve Item No A-2 on the Consent Calendar
Motion passed 5.0 on a roll-call vote.
COMMUNITY FORUM
Joan O'Keefe asked if the public would be able to comment under Council
Announcements and Reports later in the agenda, or whether the public should comment
at this time on Mayor Brenner's report.
Mayor Brender asked if anyone else in the audience would be commenting on his
report and there were none other than Joan O'Keefe
CC Draft Minutes of 11/25/08
Page 5 of 11
ITEM NUMBER. A- 3
DATE 01/13/09
City Attorney Brian Pierik stated it was up to the Mayor's discretion
Mayor Brennler stated his comments would be brief and citing his desire to not lengthen
the Council Announcements and Reports Period, requested those comments be heard
under the Community Forum
Joan O'Keefe spoke on the Mayor's report on the Gaughan lawsuit, requested certain
retributions from the City to Mr Tracey, and questioned whether newly-elected Council
Member Roberta Fonzi should be allowed to participate in these discussions as she
was the Gaughans' realtor
Steve Martin, Executive Director of the Atascadero Main Street Program, reviewed the
downtown holiday events scheduled
Barbie Butz spoke about Coats for Kids, and stated money can be donated to Loaves
and Fishes and earmarked for Coats for Kids
David Broadwater expressed his concern the Council is not allowing public comment
under Council Announcements and Reports
Joanne Main, Atascadero Chamber of Commerce, reflected on the year and economic
times and wants to put the word out for the need to have a positive attitude and to shop
local
Sorrel Marks expressed her hopes that the incoming Council will practice true
leadership She thanked the City Council for their efforts to provide improved civility at
public meetings
Sandy Jack wished all a Happy Thanksgiving
Mayor Brennler closed the Public Comment Period.
Mayor Brennler answered the question on public comment during Council
Announcements by asking the City Attorney if the decision made was appropriate City
Attorney Brian Pierik stated the Council was within the law to allow public comment at
this point rather than under Council Announcements and Reports
Mayor Brennler spoke to Sorrel Marks' comments on the need for civility and expressed
his hope for the future Council to bring people together
B PUBLIC HEARINGS - None
CC Draft Minutes of 11/25/08
Page 6 of 11
ITEM NUMBER. A-3
DATE 01/13/09
C MANAGEMENT REPORTS
1 Colony Park Community Center Status Report
■ Fiscal Impact. None
■ Recommendation. Council review Colony Park Community Center status
report, receive and file [Community Services]
Community Services Director Brady Cherry gave the staff report and answered
questions from Council
PUBLIC COMMENT
Ray Johnson, Past Chair and current Board Member YMCA, stated the YMCA would be
open to discussing expanding the City's efforts at the Community Center
Mayor Brennler closed the Public Comment Period.
There was consensus of the City Council to receive and file the Colony Park
Community Center Status Report.
2 Comparison of Reports Received by Cities from their Chambers of
Commerce
■ Fiscal Impact: Depends on Council direction, if any
■ Recommendation. Council receive this and file this report. [City Manager]
City Clerk / Assistant to the City Manager Marcia McClure Torgerson gave the staff
report and answered questions from the City Council Members
PUBLIC COMMENT
David Broadwater displayed on the overhead screen a report and spoke about the
amount of funding from the City to the Atascadero Chamber of Commerce since 2006
(Exhibit A)
Joanne Main, Executive Director of the Atascadero Chamber of Commerce, stated she
had not been advised her reports were inadequate and reviewed the services the
Chamber of Commerce provides Joanne Main answered questions of the City Council
Members
Ray Johnson spoke about how the contract formula came about in 1992 when he was
on the Chamber board
CC Draft Minutes of 11/25/08
Page 7 of 11
ITEM NUMBER. A-3
DATE 01/13/09
Jay DeCou stated the Chamber's contract is performance-based, so if the business
community does well, the Chamber of Commerce gets paid well, and the Chamber of
Commerce saves the City twice what it would cost the City to do the same work.
Ted Jacobson, Meridian Insurance, served on the Chamber board when the contract
was negotiated, and stated the performance-based contract has been very successful
for the community
Joan O'Keefe spoke about the need for oversight and the need for more detailed
reporting
Tom Comar stated that Mr Broadwater's points are excellent and the contract needs to
be followed to make sure any questions of the public are answered
Dorothy Smith stated she came to Atascadero in 1972-3 to establish a craft-makers'
village and would like to work with the City or anyone else to establish this village
Karyn Sturtevant stated the business men and women of this City are the public that is
served by the Chamber, and there should be no division between the community and
the businesses Karyn Sturtevant spoke in support of the Chamber's efforts to bring
business to Atascadero
Mayor Brennler closed the Public Comment Period
The City Council Members recalled Joanne Main for further questions
REOPENED PUBLIC COMMENT
David Broadwater stated his remarks were not intended to imply the Chamber had
engaged in any wrongdoing
Mayor Brennler closed the Public Comment period
There was a consensus of the Council to receive and file the Comparison of
Reports Received by other Cities from their Chambers of Commerce.
3 Parks and Recreation Commission - Youth Representative Appointment
■ Fiscal Impact: None
■ Recommendation. Sub-committee recommends Council appoint Matthew
O'Connell to the Parks & Recreation Commission's Youth Representative
position [City Clerk]
City Clerk / Assistant to the City Manager Marcia McClure Torgerson provided the staff
report and answered questions from Council
CC Draft Minutes of 11/25/08
Page 8 of 11
ITEM NUMBER. A- 3
DATE. 01/13/09
PUBLIC COMMENT
Sorrel Marks spoke in favor of Matthew O'Connell
Sandy Jack, who served as Parks and Recreation Commissioner in the past, stated in
the past they had both a male and female on the Commission, and encouraged the
Council to maintain an appointment from both genders
Mayor Brennler closed the Public Comment Period.
MOTION By Council Member Luna and seconded by Council Member
O'Malley to appoint Matthew O'Connell to the Parks &
Recreation Commission's Youth Representative position
Motion passed 5.0 on a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS
Mayor Brennler stated he has a matter to bring to the City Council on his review of the
investigation against City employee, Marty Tracey
Council Member O'Malley interrupted with points of order and questions for the City
Attorney Council Member O'Malley stated that it was his understanding that the City
Attorney's advice is to not comment on the Report by Mr Brennler because the litigation
to which he refers relates to personnel performance by an employee
City Attorney Brian Pierik stated this is correct.
Council Member O'Malley asked the City Attorney if the litigation to which Mr Brennler
refers in his report was settled by the parties to the mutual satisfaction of all parties,
including Marty Tracey, the Gaughans, and the City's claims adjuster CJPIA (California
Joint Powers Insurance Authority)
City Attorney Brian Pierik stated Council Member O'Malley is correct.
Council Member O'Malley further asked what the City's ability would be to respond to
this action when it has been turned over to the California Joint Powers Insurance
Authority
City Attorney Brian Pierik stated when a claim has been turned over to the California
Joint Powers Insurance Authority and they accept it as a covered claim, then they have
control over the litigation and can settle the lawsuit or supervise it as it goes to trial
Council Member O'Malley asked if this matter had been reviewed by that process under
law and if all parties, including Marty Tracey, the Gaughans, and the City's claims
adjuster have agreed to the settlement.
CC Draft Minutes of 11/25/08
Page 9 of 11
ITEM NUMBER. A-3
DATE 01/13/09
City Attorney Brian Pierik stated they have all agreed to the settlement of the litigation
Council Member O'Malley asked City Attorney Brian Pierik, since the litigation has been
settled, whether Mr Pierik considered this a pending matter or closed
City Attorney Brian Pierik stated the litigation is closed
Council Member Luna asked if this report would cause some type of litigation to reopen
City Attorney Brian Pierik stated that it would be impossible for him to predict; and in
order to answer the question, he would have to speculate
Council Member George Luna asked if any comments by anybody, including the Mayor,
could reopen the litigation
City Attorney Brian Pierik stated that the only thing he could say is that Mayor Brennier
asked that this be put on the agenda, it was added to the agenda, he is going to say
what he is going to say, and he could not predict what the outcome or what his
comments would be City Attorney Brian Pierik advised the rest of the Council not to
comment on what Mayor Brennler may say since this matter was in litigation and the
litigation related to the performance by an employee of his duties, and for that reason, it
was his advice to the Council Members not to comment on what Mayor Brennler may
say
Mayor Brennier discussed his review of the allegations and report of investigation
against Atascadero City Employee, Marty Tracey, Deputy Director of the
Redevelopment Agency and continued to read from 16 points on his findings (Exhibit
B)
City Attorney Brian Pierik interrupted Mayor Brennler to state that the 16 findings may
be beyond the scope of what the Brown Act contemplates as a brief report regarding
activities
Mayor Brennler indicated his report was brief and completed reciting his 16 points of
findings
Council Member O'Malley stated there have been three years of unfounded allegations,
none of which were found to have any merit. Council Member O'Malley stated that if
problems are discovered in the future, we need to fix them, and now we need to be
proactive and polite and move forward to accomplish good things for our community
MOTION By Council Member O'Malley and Seconded by Council
Member Clay to adjourn
Motion passed 5.0 on a roll-call vote.
CC Draft Minutes of 11/25/08
Page 10 of 11
ITEM NUMBER. A- 3
DATE. 01/13/09
F ADJOURNMENT
The meeting was adjourned at 8 32 p m to the next regularly scheduled meeting of the
City Council on December 9, 2008
MINUTES PREPARED BY
Susanne Curtis Anshen, Deputy City Clerk
The following exhibits are available for review in the City Clerk's office
Exhibit A. Written report to the City Council by David Broadwater covering the Chamber of Commerce
reports from 2006 to 2008
Exhibit B November 20 2008 report by Mike Brennler entitled A Review of the Allegations and the
Report of Investigation against City of Atascadero Community Redevelopment Agency Deputy Director
Martin Tracey
CC Draft Minutes of 11/25/08
Page 11 of 11
ITEM NUMBER A- 4
DATE. 01/13/09
X1
197919'$ ' r r CITY OF ATASCA DERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, December 9, 2008
CITY COUNCIL REGULAR SESSION — 6 00 p.m
Mayor Brennler called the meeting to order at 6 05 p m and Council Member Clay led
the Pledge of Allegiance
ROLL CALL.
Present: Council Members Luna, Clay, O'Malley, Mayor Pro Tem Beraud,
and Mayor Brennler
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson
and Deputy City Clerk Susanne Anshen
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
City Attorney Brian Pierik, Interim Public Works Director Geoff
English, Chief of Police Jim Mulhall, and Administrative Services
Director Rachelle Rickard
APPROVAL OF AGENDA.
MOTION By Council Member Luna and seconded by Mayor Pro Tem
Beraud to approve the agenda.
Motion passed 5.0 by a roll-call vote.
CC Draft Minutes 12/09/2008
Page 1 of 8
ITEM NUMBER A-4
DATE. 01/13/09
A. CONSENT CALENDAR
1 City Council Draft Minutes — October 28, 2008
■ Recommendation. Council approve the City Council Meeting Minutes of
October 28, 2008 [City Clerk]
2. Reciting the Fact of the General Municipal Election Held on November 4,
2008
■ Fiscal Impact: None
■ Recommendation Council adopt the Draft Resolution, reciting the fact of
the General Municipal Election held on November 4, 2008, declaring the
result and such other matters as provided by law [City Clerk]
MOTION By Council Member Luna and seconded by Mayor Pro Tem
Beraud to approve Item A-1 and A-2 on the Consent Calendar
Motion passed 5.0 by a roll-call vote. (A-2 Resolution No. 2008-
063)
OATHS OF OFFICE
1 Administration of Oaths of Office — Newly-elected Council Members
Jerry Clay, Roberta Fonzi and Bob Kelley were sworn into office by City
Clerk/Assistant to City Manager Marcia McClure Torgerson.
CITY COUNCIL REORGANIZATION
1 Council Appointment of Mayor — The City Clerk called for
nominations or a motion from the Council Members for Mayor
NOMINATION Mayor Pro Tem B6raud nominated herself for Mayor and
Council Member Fonzi seconded the nomination
Nomination passed 5.0 by a roll-call vote.
2. Council Appointment of Mayor Pro Tem — The new Mayor called for
nominations from the Council Members for Mayor Pro Tem
NOMINATION Council Member O'Malley nominated Council Member
Fonzi as Mayor Pro Tem and Council Member Clay
seconded the nomination.
Nomination passed 5.0 by a roll-call vote.
CC Draft Minutes 12/09/2008
Page 2 of 8
ITEM NUMBER A-4
DATE. 01/13/09
Mayor Beraud stated she is proud to serve as Mayor for 2009 and spoke of her service
to the community and commitment to the future of Atascadero
PRESENTATION
1 Presentation to Outgoing Council Members Mike Brennier and
George Luna
Mayor Beraud presented retiring Council Members George Luna and Mike Brennler with
engraved pieces expressing appreciation for their service
George Luna and Mike Brennier thanked the Council and staff for all of their support.
James Patterson, member of the San Luis Obispo County Board of Supervisors,
presented a proclamation setting forth a resolution adopted by the Board of Supervisors
honoring George Luna for his 21 years of service to the City of Atascadero
George Luna thanked Supervisor Patterson, expressed his appreciation for the
presentation, and thanked City staff for all their assistance over the years
Mayor Beraud recessed the City Council meeting at 6.49 p.m. to reconvene the
Redevelopment Agency meeting.
Mayor Beraud reconvened the City Council meeting at 8:15 p.m.
PRESENTATION
1 Bob Wilkins, Chair of the Atascadero Veterans Memorial
Foundation, presented a framed certificate confirming the
Foundation's presentation of the Faces of Freedom bronze,
Heroes Wall, and the Pathway to Freedom, to the City of
Atascadero and its citizens, in honor of all who served.
Council Members Clay and O'Malley spoke of the City's appreciation for all the hard
work by local volunteers
A. CONSENT CALENDAR (continued)
3. City Council 2009 Meeting Schedule
■ Fiscal Impact: None
■ Recommendation. Council approve City Council meeting schedule for
2009 [City Manager]
CC Draft Minutes 12/09/2008
Page 3 of 8
ITEM NUMBER A-4
DATE 01/13109
4 Temporary Road Closure and Tow-Away Zone — Atascadero Main Street
Winter Wonderland
■ Fiscal Impact: None
■ Recommendation. Council approve the attached draft Resolution
authorizing tow away zones for Winter Wonderland [Public Works]
5. Adoption of a Section 125 Flexible Benefits Plan for Employees
■ Fiscal Impact: Plan costs will vary based on the number of participants
and will be paid for by the employees who participate Plan costs are
estimated to be $4,400 per year with the cost per employee being
approximately $100 annually There may be savings to the city on
Medicare and other payroll taxes
■ Recommendation. Council adopt the attached Draft Resolution adopting a
flexible benefits plan for employees [City Manager]
MOTION By Mayor Pro Tem Fonzi and seconded by Council Member
Kelley to approve Item Nos. A-3 through A-5 of the Consent
Calendar
Motion passed 5.0 by a roll-call vote. (A-4 Resolution No.
2008-064 and A-5. Resolution No. 2008-065)
COMMUNITY FORUM
Pastor Vern Haynes from True Spirit Missionary Baptist Church offered a prayer
Anne Ketcherside has started a group called Business Friends to promote businesses
and thanked those contributing businesses Anne Ketcherside listed those in
attendance and stated they will meet again the first part of February and invited the
Council and public
Steve Martin, Atascadero Main Street, spoke of the up-coming holiday events
downtown and the free downtown discount card now available
Len Colamarino spoke on the FEMA denial of the repairs to the Rotunda building and
urged the Council to appeal the FEMA decision
Wendy Rogers, Red Tree Gallery, thanked the City for improvements on Traffic Way
Joanne Main, Atascadero Chamber of Commerce, announced the mixer date and
upcoming Chamber events
CC Draft Minutes 12/09/2008
Page 4 of 8
ITEM NUMBER A- 4
DATE. 01/13/09
Barbie Butz congratulated the new Council and reminded everyone about Coats for
Kids
Al Fonzi spoke about the Veterans Memorial Foundation's brick project.
Mayor Beraud closed the Public Comment Period.
City Manager Wade McKinney stated they had not expected much from the first FEMA
appeal, but staff is more optimistic on the second FEMA appeal
B HEARINGS None
C MANAGEMENT REPORTS
1 Regional Water Quality Control Board (RWQCB) - Storm Water
Management Plan Update
■ Fiscal Impact: The long-term fiscal impact is unknown at this time but
could be significant. Staff has secured Wallace Group for $21,500 to
assist in the preparation of a compliant SWMP
■ Recommendation. Council approve the proposed timeline for submittal of
a Storm Water Management Plan (SWMP) to the Central Coast Regional
Water Quality Control Board (RWQCB) [Public Works]
Interim Public Works Director Geoff English- gave the staff report and announced the
workshop on this issue to be held December 17, 2008, at 6 00 p m Interim Public
Works Director Geoff English and City Attorney Brian Pierik answered questions of the
City Council members
PUBLIC COMMENT
Lee Perkins congratulated Council and expressed hope that everyone attends the
December 17th workshop as this is important to property rights and creek setbacks
Anne Ketcherside reminded the new Council Members that citizens voted for them
because of property owner rights, and asked they study well the buffer-zone issue
Al Fonzi asked if the December 17th workshop could be recorded for those who cannot
attend
Mayor Beraud closed the Public Comment period.
There was a consensus of the City Council Members to audio tape the meeting of
December 17, 2008, and make the same available on the City website.
CC Draft Minutes 12/09/2008
Page 5 of 8
ITEM NUMBER. A-4
DATE 01/13/09
MOTION By Council Member O'Malley and seconded by Council
Member Clay to approve the proposed timeline for submittal of
a Storm Water Management Plan (SWMP) to the Central Coast
Regional Water Quality Control Board (RWQCB).
Motion passed 5.0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS
1 Announcement of Commission Appointments
Council Member Clay continues to support Sandy Jack as his appointment to the
Planning Commission, and will appoint Ann Hatch to the Parks & Recreation
Commission, should she want to continue in that position
Council Member O'Malley announced he will continue his appointment of Heather
Moreno to the Planning Commission, and will continue to support his appointment of
Dan Chacon for the Parks and Recreation Commission
Mayor Pro Tem Roberta Fonzi appointed Brian Sturtevant to the Planning Commission,
and appointed Suzie Greenaway to the Parks and Recreation Commission
Council Member Bob Kelley appointed David Bentz to the Planning Commission, and
appointed Tom Zirk to the Parks and Recreation Commission
Mayor Beraud stated she is not making any changes to her appointments at this time
CC Draft Minutes 12/09/2008
Page 6 of 8
ITEM NUMBER A- 4
DATE. 01/13/09
D COMMITTEE APPOINTMENTS (by Mayor Beraud)
Air Pollution Control District - Mayor Pro Tem Roberta Fonzi
Atascadero State Hospital Advisory Board (appointed by the Governor) - Council
Member Bob Kelley
Atascadero Youth Task Force - Council Member Bob Kelley
City/ Schools Committee - Council Member Jerry Clay and Mayor Ellen Beraud
County Mayors Round Table - Mayor Ellen Beraud
Economic Vitality Corporation, Board of Directors (EVC) - Council Member Tom
O'Malley
Finance Committee - Mayor Ellen Beraud and Mayor Pro Tem Roberta Fonzi
Integrated Waste Management Authority (IWMA) - Mayor Ellen Beraud
League of California Cities — Council Liaison - Council Member Tom O'Malley
League of California Cities — CITIPAC Board Member (appointed by League of CA Cities)
Council Member Tom O'Malley
Local Agency Formation Commissions (LAFCO) (appointed by City Selection Committee)
No appointment
S L.O Council of Governments (SLOCOG) - Council Member Tom O'Malley
S L.O Regional Transit Authority (SLORTA) - Council Member Tom O'Malley
COMMITTEE REPORTS
League of California Cities
Council Member O'Malley reported he was one of five members who went to the State
to give input to the State Air Resources Board
Integrated Waste Management Authority-
Mayor Beraud reported on the programs of the IWMA and the county recycling numbers
which exceed any county in the state
E. INDIVIDUAL DETERMINATION AND/OR ACTION
City Clerk / Assistant to City Manager Marcia McClure Torgerson asked for direction to
advertise for the two at-large positions, one on the Planning Commission and one on
the Parks and Recreation Commission
There was consensus of the City Council to direct the City Clerk/Assistant to
City Manager Marcia McClure Torgerson to advertise for the at large positions on
the Planning Commission and the Parks and Recreation Commission.
City Manager Wade McKinney announced there is a Finance Committee meeting
tomorrow, and information on Finance Committee meetings is available online for the
public
CC Draft Minutes 12/09/2008
Page 7 of 8
ITEM NUMBER A-4
DATE. 01/13/09
Council Member O'Malley announced his application to the Regional Water Quality
Control Board, and stated that all the County Mayors have supported his application
Bob Kelley wished everyone a Happy Christmas and prosperous New Year and he is
looking forward to working with the Council next year
Mayor Pro Tem Fonzi seconded Bob Kelley's wishes and announced they had an
excellent fire evaluation meeting last week hosted by our Fire Chief
Mayor Beraud wished everyone a Happy Holiday Season and New Year
F ADJOURNMENT
Mayor Beraud adjourned the meeting at 9 27 p m to the next regularly scheduled
meeting of the City Council
MINUTES PREPARED BY
Susanne Curtis Anshen, Deputy City Clerk
CC Draft Minutes 12/09/2008
Page 8 of 8
ITEM NUMBER A-5
DATE 01/13/09
SPECIAL JOINT MEETING
Atascadero City Council
Atascadero Planning Commission
Wednesday, December 17, 2008
5.45 p.m (Display Exhibits)
6.00 p m. (Informational Forum)
Informational Forum Regarding the City of
Atascadero's Storm Water Management Plan
DRAFT MINUTES
This Forum began at 6 02 p m
Present: Council Members Clay, O'Malley and Kelley
Planning Commissioners Moreno and Marks
Others Present: Interim Public Works Director Geoff English, Deputy Public Works
Director David Athey, and City Clerk Marcia McClure Torgerson
Mr English welcomed the audience and Mr Athey updated those present on the history
of the Storm Water Management Plan and the Draft that Staff is currently working on
Mr English and Mr Athey answered questions of the audience and accepted written
comments
This meeting was noticed as a Special Meeting to enable a majority of the City Council
and Planning Commission to attend This is an Informational Forum, and no actions
were taken
CC Special Meeting Draft Minutes of 12/17/08
Page 1 of 2
ITEM NUMBER. A-5
DATE 01/13/09
ADJOURNMENT The City Council and Planning Commission adjourned at 8 15
p m to their next regularly scheduled meetings
MINUTES PREPARED BY
Marcia McClure Torgerson, C M C , City Clerk
CC Special Meeting Draft Minutes of 12/17/08
Page 2 of 2
ITEM NUMBER A-6
DATE 01/13/09
r n fn n �, I
�lays' "- fl: 1 0�7� 1
A tascadero City Council
Staff Report - Community Services Department
Adoption of an Alcohol Policy for the Pavilion on the Lake
RECOMMENDATION
Council adopt the proposed liquor policy for events to be held at the Pavilion on the
Lake
DISCUSSION
There has been a pattern of problems associated with the serving of hard alcohol at
some events at the Pavilion on the Lake In reviewing these incidents when the serving
of hard alcohol has been a problem, staff has found that they are almost exclusively
limited to private events Non-profit events have not experienced the same problems
when hard alcohol is present at the Pavilion For example, in 2006 and 2007 the
Pavilion Coordinator identified occasions in which hard liquor was served and directly
resulted in negative experiences and potentially dangerous consequences during the
rental period These and other experiences have led to increased damage to the facility
and could have led to more dangerous outcomes
Example 1 A wedding party served hard liquor shots to their guests in place of a
champagne toast. The brother of the groom was later found lying on the floor of the
Community Room, covered in his own vomit.
Example 2 After consuming hard liquor at a birthday party, a man was physically
fighting with his wife in the Pavilion lobby because she was trying to take his car keys
The security guards on duty had to physically hold him back to get control of the keys
and put him in the backseat of the car, so his wife could drive home
Historically, damage to the Pavilion is considerably greater when hard alcohol is served
by private rental groups Such problems have not been evident at non-profit events
when hard liquor is served and/or sold
Staff is recommending that a liquor policy be implemented at the Pavilion on the Lake
that stipulates that hard liquor will no longer be allowed to be served at private rental
events Beer, wine and champagne will continue to be allowed at these private rental
events Non-profit organizations will not be affected by this new alcohol policy, and will
be able to continue to serve hard liquor An additional provision affecting all renters will
be to require special event liability insurance when alcohol is present to reduce liability
for the City and the renters themselves
FISCAL IMPACT
Unknown A few private groups may decide to hold events elsewhere if they cannot
serve hard alcohol
ALTERNATIVES
Continue to allow all rental groups at the Pavilion to serve hard liquor at events
Recommendations 3 through 6 listed on the Pavilion Liquor Policy Attachment would
still be upheld for all of the facility's renters
ATTACNMENT
Pavilion Liquor Policy
P -
City of Atascadero
{1915A �
1979CAD Department of Community Services
Alcohol Policy for the Pavilion on the Lake
(Adopted by City Council on )
Date
1 Hard liquor will not be permitted at private rental functions including weddings, birthday parties, and
other private events. (Beer,wine and champagne will continue to be permitted)
2. Hard liquor will continue to be permitted at non-profit and fundraising events held at the Pavilion. Hard
liquor may also be sold during non-profit and fundraising events. An ABC license is required when
alcohol is to be sold during such events.
3. A certified bartender is required to serve alcohol at all Pavilion functions. The Pavilion Coordinator may
waive this requirement if the event is a"low risk" non-profit function and a sober supervision is present
to serve the alcohol and monitor consumption.
4 Security guards will remain a requirement at all functions in which alcohol is served. One security
guard is required per 100 guests.
5. Special event insurance must be purchased at all events in which alcohol is served. The insurance
includes general liability and liquor liability premiums. Insurance may be purchased through the City of
Atascadero or the City must be presented with a Certificate of Insurance naming the City of Atascadero
as an additional insured for one million dollars($1,000,000).
6. No alcohol of any kind may be served for minors or at parties that are in honor of someone under the age
of 18(ie: 15`h or 16'h birthday parties)
6907 EL CAMINO REAL•ATASCADERO,CALIFORNIA 95422
Pavilion on the Lake:(805)461-5005,Fax. (805)461-5026•Recreation Services:(805)461-5000,Fax.(80.5)461-7612•Zoo:(805)461-5080
ITEM NUMBER A-7
DATE 01/13/09
1818 � 1979
Atascadero City Council
Staff Report - Public Works Department
Transit Vehicle Purchase
Purchase of a 22 Passenger Transit Bus
through the State Department of General Services
RECOMMENDATIONS
Council
1 Adopt the Draft Resolution authorizing the State Department of General Services
to purchase vehicles on behalf of the City of Atascadero, and,
2 Authorize Staff to proceed with the purchase with the purchase of the 22-
passenger transit bus
DISCUSSION
Each year the State of California Department of General Services solicits bids for a
wide variety of equipment, materials and services Other governmental agencies are
provided with the results of these bids and allowed to purchase these goods through
the state for a service fee of 1% of the purchase price, to a maximum of $5,000
Considerable staff time is saved by eliminating the need to prepare specifications,
advertise bids and evaluate results Based upon previous purchases, the costs offered
by the state are very competitive
Staff is proposing to purchase a 22-passenger transit bus to replace an existing high
mileage vehicle The purchased bus will separately receive a two-way radio, farebox,
bike rack and custom painting
FISCAL IMPACT
The total cost of the vehicle will be $65,000 of budgeted Transit Funds-2009 cycle
ATTACHMENT Draft Resolution
ITEM NUMBER. A-7
DATE 01/13/09
DRAFT RESOLUTION
RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE
STATE OF CALIFORNIA TO PURCHASE VEHICLES ON BEHALF OF
THE CITY OF ATASCADERO
Be it resolved that the City Council of the City of Atascadero does hereby authorize the
Procurement Division, Department of General Services of the State of California, to purchase
vehicles for and on behalf of the City of Atascadero pursuant to Section 10324 of the California
Public Contract Code, and that the City Manager, is hereby directed to sign and deliver all
necessary requests and other documents in connection therewith for and on behalf of the City of
Atascadero
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-
ATTEST CITY OF ATASCADERO
Marcia McClure Torgerson, C.M.0 Ellen Beraud
City Clerk Mayor
APPROVED AS TO FORM.
Brian A. Pienk
City Attorney
ITEM NUMBER. A- 8
DATE. 01/13/09
Xii to e
Atascadero City Council
Staff Report - Public Works Department
Acceptance of the Offers of Dedication for Public Open Space
Tracts 2525, Phases I and II
RECOMMENDATIONS
Council
1 Adopt the Draft Resolution A accepting the Public Improvements within the areas
proposed for Dedication of Public Open Space on Tracts 2525, Phases I and II,
(excepting Open Space Lot 3) and reject the improvements in the areas of
dedication for maintenance, and,
2 Adopt the Draft Resolution B accepting the Offer of Dedications for Public Open
Space, in Fee Simple, on Tracts 2525, Phases I and 11, (excepting Open Space
Lot 3)
DISCUSSION
Background On September 23, 2003, the City Council adopted the Woodlands
Specific Plan for the Woodridge project, located south of Halcon Road, north of Santa
Barbara Road and east of Viejo Camino Road This Specific Plan provides a blueprint
for development of the area and open space improvements
Among other features, this Specific Plan provides for dedication of 52 4 acres of open
space and trails This open space is required to be dedicated to the public upon
completion of improvements for public use Improvements have been underway during
the past three years and are now ready for acceptance by the City Council on behalf of
the public At the time of approval of the phased final maps (Tract 2525-1 and Tract
2525-II) the City Council rejected acceptance of the dedications until required
improvements were completed
The required onsite tract improvements for the several residential areas that are part of
the Specific Plan blue print have not yet been completed are not a part of this
acceptance request. However, the improvements for the public open space areas have
been substantially completed and the open space is now ready for acceptance
ITEM NUMBER A- 8
DATE 01/13/09
The conditions of this development project include the construction of trails through an
oak woodland, common-space landscaping, tree planting and a pocket park with
playground structure
The conditions also required the residents of this development to maintain these public
improvements in perpetuity The Woodridge (Las Lomas) Landscaping and Lighting
Assessment District No 02 (District) was established to cover the cost for the
maintenance and upkeep of the landscaping and public trail improvements
The City of Atascadero will facilitate the maintenance management of the common area
landscaping, open space areas, trails, park facilities and other related improvements in
the District. As a part of the City's maintenance obligations, staff will start a formal bid
process for landscape maintenance and management services In the meantime, staff
will temporarily utilize the services of the current landscape maintenance Contractor
Analysis. Muni-Financial is the firm that was hired to create the District at
Woodridge In consultation with Muni-Financial, it was determined that the property
that is maintained in the District must be held by the City in accordance with the
legislation on District formation The method to achieve this is to accept the Offers of
Dedication, in fee simple and reject the maintenance of the improvements
Staff held a meeting on February 13, 2008 with homeowners within the Specific Plan
area and explained the requirements and benefits of the Landscaping and Lighting
Assessment District and answered questions from the homeowners
Conclusion. The acceptance of the Offers of Dedication and rejection of maintenance
of the public open space improvements, with the exception of Open Space Lot 3, will
allow the property owners of Woodridge to fund the maintenance of the improvements
through the Landscaping and Lighting Assessment District No 02
FISCAL IMPACT
The City will be responsible for approximately 25% of the maintenance costs of the
public open space The actual cost will be computed annually during the assessment
period The City's costs for the 2008-2009 (current year) are estimated to be $7,500
from currently budgeted general funds
ATTACHMENTS Draft Resolution A
Draft Resolution B
ITEM NUMBER A-8
DATE. 01/13/09
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA,AUTHORIZING
THE DIRECTOR OF PUBLIC WORKS
TO ACCEPT THE PUBLIC IMPROVEMENTS WITHIN THE OPEN
SPACE AREAS OF THE WOODLANDS SPECIFIC PLAN
WHEREAS, the City Council approved the Woodlands Specific Plan on September 23,
2003 consisting of a plan for approximately 120 acres of residential, commercial, and open space
development; and,
WHEREAS, the City Council approved and adopted the Woodridge Landscaping and
Lighting District No. 2 on May 24, 2005, thereby establishing an assessment district for the purpose
of funding open space infrastructure and improvements, and,
WHEREAS, City staff will be responsible to contractor for the ongoing maintenance of the
public improvements, and,
WHEREAS, the public improvements within the open space areas as defined in Exhibits A
and B attached hereto, have been substantially completed and may now be accepted for the benefit
of the public, and,
WHEREAS, the public improvements within the open space areas as defined in Exhibits A
and B, attached hereto, are subject to a one-year warranty period as defined in the Subdivision
Improvement Agreement; and,
WHEREAS, the City will retain ten percent (10%) of the posted bonds as collateral for
performance of any necessary repairs, during the one year warranty period.
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of
Atascadero
SECTION 1. The City Council does hereby direct the Public Works Director to accept the
public improvements within the open space areas of the Woodlands Specific Plan, more particularly
described in Exhibits A and B attached hereto.
ITEM NUMBER A-8
DATE. 01/13/09
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.
Brian A. Pienk, City Attorney
ITEM NUMBER A-8
DATE 01/13/09
Exhibit A to Draft Resolution A
Open Space —Legal Description
Parcels OS-1, OS-2 and OS-4 of Tract No 2525-1, in the City of Atascadero, County of
San Luis Obispo, State of California, according to the map reported March 25, 2005 in
Book 25 of Maps, Pages 83 to 92, in the Office of the County Recorder of said County
ITEM NUMBER A-8
DATE 01/13/09
Page 2, Exhibit A to Draft Resolution A
Graphic Depiction of Property
CITY OF ATASCADERO
LotS OS-1, OS-2,&OS-4 of Tract 2525-1
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ITEM NUMBER. A- 8
DATE 01/13/09
Exhibit B to Draft Resolution A
Open Space —Legal Description
Lot OS-5 of Tract 2525-2, in the City of Atascadero, County of San Luis Obispo, State
of California, according to the Map thereof recorded August 19, 2005, in Book 27,
Pages 6 through 10, in the office of the County Recorder of said County
ITEM NUMBER. A- 8
DATE 01/13/09
Page 2 of Exhibit B to Draft Resolution A
Graphic Depiction
CITY OF ATASCADERO
Lot OS-5 of Tract 2525-2
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ITEM NUMBER A-8
DATE 01/13/09
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA,
ACCEPTING THE OFFERS OF DEDICATIONS
FOR PUBLIC OPEN SPACE ON TRACTS 2525-I AND 2525-II
IN FEE SIMPLE AND AUTHORIZING THE CITY MANAGER
TO EXECUTE GRANT DEEDS FOR RECORDATION
ON BEHALF OF THE PUBLIC
WHEREAS, the City Council approved the Woodlands Specific Plan on September 23,
2003 consisting of a plan for approximately 120 acres of residential, commercial, and open space
development; and,
WHEREAS, the Woodlands Specific Plan requires that certain parcels of land within the
development area be dedicated to public open space once public improvements within the open
space areas are completed, and,
WHEREAS, the public improvements within the open space areas as defined in Exhibits A
and B attached hereto, have been substantially completed and may now be accepted for the benefit
of the public, and,
WHEREAS, City staff is prepared to execute a landscaping contract for maintenance of the
public open space, and,
WHEREAS, a landscaping and lighting assessment district has been established to fund the
public open space, and,
WHEREAS, the Engineer's Estimate for maintenance costs allocates a cost of twenty-five
percent (25%) of the annual budget for maintenance and upkeep of the public open space area (as
defined in Exhibits A and B attached hereto)to the City
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Atascadero
SECTION 1. The City Council does hereby accept the Offers of Dedication for Public
Open Space in fee simple.
SECTION 2. The City Council does hereby direct the City Manager to execute Grant
Deeds, for fee simple title to the Public Open Space parcels as defined in Exhibits A and B attached
hereto, and cause the Grant Deeds to be recorded in the County Recorder's Office of San Luis
Obispo County
ITEM NUMBER. A-8
DATE. 01/13/09
SECTION 3. The City Council hereby authorizes the City Manager to execute an
agreement with Gilbert's Landscapes, Inc for the maintenance and upkeep of the
landscaping, open space and trails in the Woodridge (Las Lomas) Landscaping and
Lighting District No 02.
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.
Brian A. Pierik, City Attorney
ITEM NUMBER A-8
DATE 01/13/09
Exhibit A to Draft Resolution B
Open Space —Legal Description
Parcels OS-1, OS-2 and OS-4 of Tract No 2525-1, in the City of Atascadero, County of
San Luis Obispo, State of California, according to the map reported March 25, 2005 in
Book 25 of Maps, Pages 83 to 92, in the Office of the County Recorder of said County
ITEM NUMBER A-8
DATE 01/13/09
Page 2, Exhibit A to Draft Resolution B
Graphic Depiction of Property
CITY OF ATASCADERO
LotS OS-1, OS-2,&OS-4 of Tract 2525-1
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ITEM NUMBER A-8
DATE 01/13/09
Exhibit B to Draft Resolution B
Open Space —Legal Description
Lot OS-5 of Tract 2525-2, in the City of Atascadero, County of San Luis Obispo, State
of California, according to the Map thereof recorded August 19, 2005, in Book 27,
Pages 6 through 10, in the office of the County Recorder of said County
ITEM NUMBER A-8
DATE. 01/13/09
Page 2 of Exhibit B to Draft Resolution B
Graphic Depiction
CITY OF ATASCADERO
Lot 09;5 of Tract 2525-2
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ITEM NUMBER A-9
DATE. 01/13/09
Xii i9 e
Atascadero City Council
Staff Report - Public Works Department
Annual Sewer-Line Cleaning Services
Change Order #2
RECOMMENDATION
Council authorize the City Manager to execute a Change Order in the amount of
$6,592 00 to Mark Simon Sewer Maintenance for sanitary sewer-line cleaning services
DISCUSSION
Background Each year the City of Atascadero contracts for the cleaning and swabbing
of approximately one-quarter of the approximately 200,000 linear or sanitary sewer-lines
owned and maintained by the City of Atascadero Staff utilizes outside contractors to
perform this portion of our annual sanitary sewer-line maintenance program for cost
effectiveness During the last four (4) year term, the City's collection system has
increased in total linear feet of sanitary sewer-line In addition, due to problematic
sewer-line locations, some portions of the collection system are cleaned annually As a
result of this additional cleaning, we have exceeded the original contract amount
awarded for this service
Analysis California Contract Code requires the Governing Board to approve Change
Orders in excess of 20% of the original bid price A Change Order with Mark Simon
Sewer Maintenance has been prepared in the amount of $6,592 00 to cover additional
sanitary sewer-line cleaning charges The total original contract price for the Annual
Sanitary Sewer-line Cleaning project was $61,600 No additional appropriation is
required as existing funds in the Wastewater Collection Contract Services account are
sufficient to cover this expenditure
Conclusion. Staff recommends that the City Council authorize the City Manger to
execute Change Order #2 to the contract with Mark Simon Sewer Maintenance in the
amount of $6,592 00 to cover additional sanitary sewer-line cleaning charges
ITEM NUMBER A- 9
DATE 01/13/09
FISCAL IMPACT
No additional appropriation required $6,592 00 of budgeted Wastewater Funds will be
used to cover this expenditure
ATTACHMENT
Attachment A- Annual Sanitary Sewer-line Cleaning Project- Change Order #2
e
City of Atascadero
1918'; 7a -, CHANGE ORDER
AS�'ADE1�p/ Purchase Order#
Project. WWTP Annual Sewer Maintenance
Change Order Number 2
Change Order Date 11/10/2008
Contractor Mark Simon Sewer Maintenance
Purpose of Change Order-
Additional sanitary sewer system line cleaning due to additons to the collection system during the contract
period and to clean problematic sanitary sewer-line locations to prevent plugs.
We, the undersigned contractor, have given careful consideration to the changes proposed and hereby agree,
if this proposal is approved, that we will provide all equipment, furnish all materials, except as may be noted
above, and perform all services necessary for the work above specified, and will accept as full payment
therefor the prices shown below
By reason of this proposed change, day(s) extension of time is requested.
Estimated Cost: $ 6,592.00
Signed: Contractor's Authorized Agent
Contractor is hereby authorized and directed to make the herein described changes from the plans and
specifications, and/or to increase or decrease contract quantities and time, as described above
Recommended: Approved:
by- by-
Requestee City Manager
For Official City Use Only
Change in Contract Price Change in Contract Time
Original contract price: $ 61,600 00 Original contract time: 0 days
Total CO price(all CO's) $ 12,320.00 Change in contract time(all CO's) days
Contract price prior to this CO- $ 73,920.00 Contract time prior to this CO- 0 days
Net increase(decrease)this CO- $ 6,592.00 Net increase(decrease)this CO- 0 days
Contract price w/all approved CO's: $ 80,512.00 Contract time w/all approved CO's: 0 days
ITEM NUMBER A- 10
DATE. 01/13/09
1079
C"
Atascadero City Council
Staff Report - Public Works Department
Streetscape Phase II Design Contract Change Order
Rick Engineering
(Design Services for the Rosario Gateway, Entry Arch, Pedestrian Tunnel, EI
Camino Real Paving, Wayfinding, Street Lighting, Bus Stop and
Bridge Railing Improvements)
RECOMMENDATIONS
Council
1 Authorize the City Manager to execute a contract change order in the amount of
$20,000 with Rick Engineering Incorporated to pay for additional design work beyond
the scope of the original contract., and,
2 Authorize the City Manager to approve any additional change orders with Rick
Engineering for a total amount not to exceed $20,000 00
DISCUSSION
The Streetscape Phase II project has been under development and design since
December 2007 The first two project areas, at the intersection at Palma and Traffic Way
and the Virginia Plaza Cross Walk, are almost complete The next phase, Phase Ilb, is
nearing design completion and staff anticipates going to bid in late winter 2009 The
Phase Ilb project areas include the following areas and elements the Rosario Gateway,
Entry Arch, Pedestrian Tunnel, EI Camino Real Paving, Wayfinding Signage, Street
Lighting, and Bridge Railing
City staff is requesting Council approve a $20,000 change order that will pay for additional
work that is needed to complete the Phase Iib design plans The change order is needed
to pay for additional work that was not included in the original scope of work. The
additional work includes topographic, boundary and potholing survey work; additional
design work along the Colony Square and Denny's frontage, preparation of additional bid
alternates to allow contract award flexibility; structural revisions to the Entry Arch based on
site constraints and as-built design of the Colony Square frontage, and evaluation of
ITEM NUMBER A- 10
DATE 01/13/09
paving mat use under overlay areas Staff does not anticipate further significant change
orders since the design plans are at the 90% design stage
The additional work is needed for several reasons The original scope did not include the
sidewalk design in front of the Denny's restaurant nor the cross walk. These areas were
added when the Conditions of Approval for Colony Square were changed at the
developer's request. In addition, the Colony Square frontage was not built per plan and
necessitated the redesign of the City's paving and median improvements Lastly, there
was a greater need for construction engineering work on the traffic Way improvements
The budgeted amount that is left would not cover the potential for unforeseen problems on
the next phase of construction The following table lists the projected funding needs for
the entire Streetscape Phase II project.
Project Funding Allocation
FUNDING USES
Phase Ila - Traffic Way/ Palma, Virginia Cross Walk
Design (Budgeted) $ 115,650
Actual Construction Cost 730,161
Construction Support 73,020
Contingency 146,029
Subtotal Phase Ila $ 1,064,860
Phase Ilb - Rosario Gateway, Pedestrian Tunnel, Entry Arch
Area, ECR Medians and Paving
Design (Budgeted) 254,774
Estimated Construction Costs 1,960,000
Construction Support 196,000
Contingency 392,000
Subtotal Phase Ilb 2,802,774
Total Estimated Cost $ (3,867,634)
FUNDING SOURCES
Streetsca a Project
Redevelopment Bond Funds $ 2,469,640
Redevelopment Agency Funds 397,500
LINK Pedestrian Tunnel Donations 3,680
STIP Transportation Enhancement 375,000
Subtotal Streetsca a Projects 3,245,820
Wayfinding Program
Redevelopment Bond Funds 613,600
Total Funding Sources $ 3,859,420
PROJECTED FUNDING SHORTFALL $ (8,214)
ITEM NUMBER A- 10
DATE. 01/13/09
As shown above, there is a projected funding shortfall Staff has adjusted the next
streetscape design package (Phase Ilb) to include bid alternates This will allow staff
flexibility in recommending (to Council) which projects to fund This will allow the City to
keep the project within budget constraints or add project areas if bids come in
significantly under budget. Staff anticipates Phase Ilb will go to bid in early spring 2009
FISCAL IMPACT
The maximum possible fiscal impact is $40,000 00 of 2007-2009 budgeted funds
ITEM NUMBER A- 11
DATE. 01/13/09
i9is � i a
i
Atascadero City Council
Staff Report - Public Works Department
Proposition 1 B Grant Applications
Bus Stop Improvement Project
(if successful, this grant would bring$100,000 for bus stop improvements.)
RECOMMENDATION
Council approve the attached draft Resolution authorizing the submission of the grant
application to the San Luis Obispo Council of Governments (SLOCOG) for Proposition
1 B funding for bus stop improvements in the amount of $100,000 00
DISCUSSION
On October 21St the San Luis Obispo Council of Governments issued a Call-for-Projects
for Fiscal Year 08/09 Proposition 1 B Transit Grant Program These funds are available
for capital projects with a minimum 10-year life
Staff has submitted an application for bus stop improvement funding which would allow
the installation of shelters and amenities in the downtown area in conjunction with the
downtown streetscape projects
The initial submission was due December 5th SLOCOG requires a Resolution of the
Council supporting the request to complete the application package
FISCAL IMPACT
None Staff is applying for $100,000 in 08/09 Proposition 1 B funding for the Bus Stop
Improvement Project. An additional $52,500 has been budgeted through FTA 5307
and TDA funds for this project.
ATTACHMENT Draft Resolution
ITEM NUMBER. A- 11
DATE 01/13/09
DRAFT RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO, CALIFORNIA
APPROVING SUBMISSION OF AN APPLICATION
FOR PROPOSITION 1B TRANSIT FUNDING
BE IT RESOLVED by the City Council of the City of Atascadero that a Bus Stop
Improvement Project would benefit the residents of and visitors to, Atascadero, and,
BE IT FURTHER RESOLVED that the San Luis Obispo Council of Governments
(SLOCOG) is the agency authorized to program Proposition 1B funds on a competitive basis.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Atascadero desires to seek $100,000 in Proposition 113 funding for a Bus Stop Improvement
Project in the City of Atascadero
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-
ATTEST CITY OF ATASCADERO
Marcia McClure Torgerson, C.M.0 , Ellen Beraud, Mayor
City Clerk
APPROVED AS TO FORM.
Brian A. Pienk, City Attorney
ITEM NUMBER A- 12
DATE. 01113/09
OQ ie e7e7
Atascadero City Council
Staff Report - Public Works Department
Proposition 1 B Safety and Security Grant Application
RECOMMENDATION
Council approve the attached Draft Resolution authorizing the submission of the grant
application to the San Luis Obispo Council of Governments (SLOCOG) for Proposition
1B Safety and Security funding for security lighting and cameras in the amount of
$20,000
DISCUSSION
On October 21St the San Luis Obispo Council of Governments issued a Call-for-Projects
for Fiscal Year 08/09 Proposition 1B Safety and Security Grant Program These funds
are available for capital projects with a minimum 10-year life
Staff submitted an application for the installation of outdoor safety and security lighting
and video cameras at the transit office and vehicle storage yard The initial submission
was due November 14th At the SLOCOG Board meeting on December 17th, the Board
voted to award funding to the City of Atascadero pending City Council approval of the
grant application submission
FISCAL IMPACT
None Staff applied for $20,000, the Board voted to award $18,880 pending Council
approval Agencies are also allocated a small portion of the 1 B Safety and Security
funding on a formula basis, for Atascadero the total for 07/08 and 08/09 is $1,120,
bringing the total 1 B funding available for this project to $20,000
ATTACHMENT Draft Resolution
ITEM NUMBER. A- 12
DATE. 01/13/09
DRAFT RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO, CALIFORNIA
APPROVING SUBMISSION OF AN APPLICATION
FOR PROPOSITION 1B SAFETY AND SECURITY FUNDING
BE IT RESOLVED by the City Council of the City of Atascadero that improving the
safety of the drivers and the security of the vehicles is essential, and
BE IT FURTHER RESOLVED that the San Luis Obispo Council of Governments
(SLOCOG) is the agency authorized to program Proposition 1B Safety and Security funds on a
competitive basis
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Atascadero desires to seek $20,000 in Proposition 1B Safety and Security funding for security
enhancements to the Transit Facility in the City of Atascadero
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
ATTEST CITY OF ATASCADERO
Marcia McClure Torgerson, C.M.0 , Ellen Beraud, Mayor
City Clerk
APPROVED AS TO FORM.
Brian A. Pienk, City Attorney
ITEM NUMBER C- 1
DATE. 01/13/09
1970
A tascadero City Council
Staff Report - Administrative Services Department
Fiscal Year 2007-2008 Audit
RECOMMENDATION
Council review and accept the financial audit for the period ending June 30, 2008
REPORT-IN-BRIEF
The Audit firm of Glenn, Burdette, Phillips and Bryson performed a full audit of the
financial statements and found that the City presented fairly and accurately the City's
financial position, and further that the reporting was in conformity with generally
accepted accounting standards
DISCUSSION
The effects of the economic environment were obvious in the results of the 2007-2008
fiscal year Sales tax revenues were down 10 9% over the prior year, the double-digit
property tax growth of recent years dwindled to under 4%, and development revenues
were less than half of what they were only two years ago Certainly, these are difficult
economic times, but they are not new to Atascadero The City went through a painful
financial experience in the early 1990's and, as a result, has prepared itself to be in a
much better position this time General fund reserves were almost $9 9 million at the
end of the 2007-2008 fiscal year and vehicles and technology equipment are being
replaced regularly The City is fully solvent and does not have any going concern
issues
Especially in these challenging times, it is critical to have the specific results from the
year's operations This information can be used as a managerial tool to help navigate
the future Included in this discussion are the results from fiscal year 2007-2008 and
projections of upcoming years These projections will need to be refined and modified
as time moves forward and when additional details are learned regarding key revenue
sources and the state of the economy
ITEM NUMBER C- 1
DATE. 01/13/09
REVENUES
Revenues did not meet projections for the fiscal year The downturn in the economy
was quicker and deeper than anticipated, significantly affecting all three key revenues
sources property tax, sales tax, and development. The chart below shows a
comparison of fiscal year 2007-2008 and the prior year, 2006-2007
COMPARATIVE INCOME STATEMENT
2006/2007 2007/2008
Actuals Actuals % Change $Change
Property Tax $ 7,107,002 $ 7,511,886 5.7% $ 404884
Sales tax 3,982,903 3,547,696 10.9% (435,207)
Other Taxes 1,655,589 1,620,473 -2.1% (35 116)
Intergovernmental 399,383 236,917 -40.7% (162,466)
FEMA/OES 204 761 569,124 1779% 364 363
Other Grants 352 136 42,920 -878% (309,216)
Service Charges
Mutual Aid 742,963 861,597 16.0% 118,634
Public safety 185,902 182,671 17% (3,231)
Development 1,603,506 990,043 38.3% (613,463)
Recreation, zoo,
parks & pavilion 579,095 590,606 2.0% 11 511
Interest 622,337 467,963 248% (154 374)
Interfund charges 968,929 1,043,102 77% 74 173
Other 529,333 367,347 306% (161 986)
CFD Transfer 57,552 289,760 403.5% 232,208
Total revenues $ 18,991,391 $ 18,322,105 35% $ (669,286)
Employee services $ (11,308,379) $ (13,446,396) 18.9% $ (2,138.017)
Operating supplies &
services (4,935,565) (5,436,146) 101% (500 581)
Special purchases (722,465) (182,411) 748% 540 054
Capital outlay (1,583,237) (363,232) 771% 1,220,005
Debt service (41,499) (41,300) --05% 199
Total expenses (18,591,145) (19,469,485) 47% $ (878 340)
NET INCOME $ 400,246 $ (1,147,380)
ITEM NUMBER C- 1
DATE. 01/13/09
Property tax revenues, which totaled $7 5 million, accounted for 41% of General Fund
revenues during fiscal year 2007-2008 This was up from $7 1 million in the prior year,
or 5 7% While positive growth is encouraging, it is not guaranteed For the last ten
years, this revenue has been a staple of the General Fund, and has proven to be
dependable in our community For now, current projections predict slow but gradual
growth over the next five years The County Assessor has not yet been able to gauge
the impact of the reductions in property value assessments on the City Economists
have recently reported that Atascadero, like many other cities in the State, may
experience some negative growth in property tax revenues before the economy
recovers Staff will continue to monitor and evaluate this critical situation
Sales Tax revenues have become an increasingly smaller percentage of the General
Fund revenues Revenues for fiscal year 2007-2008 were $3 5 million, down 11% from
$4 million in the prior year Unlike other local communities that have seen progressive
sales tax revenue growth, Atascadero is back down to revenue levels from fiscal year
2001-2002 It is often more telling to look at per capita, constant dollar figures The
constant dollar per capita sales tax revenue for 2007-2008 was $62 45 This is down
from $82 21 in 2005-2006 and $83 13 in 2002-2003 For comparison, the constant
dollar sales tax per capita in 2007-2008 was $133 42 for the City of Paso Robles and
$230 79 for the City of San Luis Obispo
Atascadero's sales tax revenues have been particularly hard hit during this downturn
because its sales tax base is not broad In other words, a large portion of sales tax
revenue comes from a few retailers in sectors that have been hit hard Since calendar
year 2001, the City's top two sales tax revenue producing industries have been
Building/Construction and Autos/Transportation Lack of consumer confidence, the soft
housing market, and last year's increase in fuel and energy rates have caused
reductions in these two sectors Atascadero Ford recently closed its doors From its
high point, this is a loss of $320,000 in sales tax revenues annually This has had a
significant effect on the City's already lagging sales tax revenues The combination of
the downturn in Building & Construction sales revenues, along with the closure of the
Ford dealership have caused the year to end about $450,000 lower than originally
anticipated Staff is projecting that sales tax revenue will come in flat to slightly lower
for fiscal year 2008-2009, but should increase slowly thereafter
The economy has hit development revenue hard, with it down 38%, or $613,000, from
last year The valuation of permits in 2007-2008 was only $16 million, compared with
the valuation of $49 million in 2006-2007 The effect of this reduction in permit activity
is most evident in the construction permit revenue (down $341,000) and building plan
check revenue (down $262,000)
The City experienced some one-time windfalls that reduced the net loss this year to
$1 1 million FEMA paid $569,000 in administration reimbursement related to the City
Hall Rehabilitation Project. This covers costs incurred by the City over the last few
years to administer the City Hall project. This is a one-time payment and will not be
realized again in future years
ITEM NUMBER C- 1
DATE 01/13/09
EXPENSES
Because the City is a
service organization, the Operating
largest portion of General supplies &
Fund expenditures is services Special
dedicated to employee 28% purchases
services In fact, labor 1%
costs made up 69% of the
General Fund ., Capital
expenditures for 2007- outlay
2008 This amount is up Employe 2%
over last year due to the services Debt service
lack of position vacancies 69%
0%
compared to last year, the
hiring of a few new
employees, raises, and
staffing at the Colony Park
Community Center Overall, General Fund expenditures were up 4 7% over the prior
fiscal year
AUDIT REPORT
The audit report summarizes the City's financial performance for the fiscal year and
provides an overview of financial activities for the year It is a useful big-picture tool to
manage long-term fiscal health of the City The Management Discussion and Analysis
discusses the financial highlights, gives an overview of the financial statements, and
provides a financial analysis of the City's funds After that, summarized information on
all of the City's funds can be found The Notes to the Financial Statements include
additional details and explanations of the figures in the Statements to give the reader a
better understanding of the complete fiscal performance of the City The last section of
the report includes detailed information on the balance of each of the funds and their
activity The report was audited by a local independent audit firm, Glenn, Burdette,
Phillips & Bryson, and as seen on the Independent Auditor's Report on page 1, was
found be to in conformity with generally accepted accounting principles
FISCAL IMPACT
None
ATTACHMENTS
1 Fiscal Year 2007-2008 Audited Financial Statements
ITEM NUMBER C-2
DATE 01/13109
psis � �9�e
Atascadero City Council
Staff Report - Public Works Department
Assembly Bill 885 (AB885)
Draft Onsite Wastewater Treatment System Regulations
RECOMMENDATIONS
Council receive information on proposed State Regulations concerning Septic Systems,
and provide feedback regarding staff's comments to the State Water Resources Control
Board
REPORT-IN-BRIEF
The State Water Resources Control Board (State Water Board) has issued draft
regulations that will set minimum standards for new and repaired septic systems The
State Water Board was required to issue the regulations to comply with Assembly Bill
885 (AB885) requirements This report provides a brief overview of AB885 and its
potential impacts on Atascadero residents Staff will be submitting written comments to
the State Board during the Public Comment review period and is seeking feedback from
Council regarding staff's comments The proposed State Board regulations are
separate from the recently adopted septic system Basin Plan changes The recently
adopted septic system Basin Plan changes were adopted by the Central Coast
Regional Water Quality Control Board (Central Coast Water Board), which is a sister
agency to the State Water Board Both of the new regulations may be implemented
and the strictest provisions of each will be in effect.
DISCUSSION
Background. The State Water Resources Control Board (State Water Board) is a State
Agency that regulates many Statewide water quality issues including septic systems
The State Water Board is proposing to adopt new regulations to establish minimum
requirements for the permitting, monitoring, and operation of onsite wastewater
treatment systems (septic systems) statewide In addition, the State Water Board is
proposing to adopt a plan that will implement the regulations statewide The
implementation plan is also referred to as a "statewide waiver policy "
ITEM NUMBER C-2
DATE 01/13/09
Statewide vs. Local Requirements
The proposed regulations and implementation plan are separate from the recently
adopted Central Coast Regional Water Quality Control Board Basin Plan Septic System
amendments (see Attachment 1 -- 10/14/2008 staff report for information and
background ) The Central Coast Regional Water Quality Control Board Basin Plan
septic system amendments are more specific to the six-county area that stretches from
Southern Santa Clara to Santa Barbara County The City is included in the Central
Coast Water Quality Control Board's jurisdiction and is currently implementing the
existing septic system Basin Plan requirements The City has been following changes
to the Basin Plan and has previously submitted comments regarding changes to it.
The State Water Board is proposing to adopt new statewide septic system regulations
as required by a signed state law The State Law is referred to as Assembly Bill 885,
and was crafted to address septic system issues on a statewide basis Once
implemented, the City will have to comply with both the new State Water Board
regulations and the local Central Coast Regional Water Quality Control Board Basin
Plan requirements The proposed regulations allow the local water boards or agencies
to adopt more stringent requirements In either case the more restrictive requirement
will apply to City landowners with septic systems
Assembly Bill 885 Requirements and Implementation
The proposed State Water Board regulations were written to address seven main septic
system siting, design and operational points Table 1, describes the seven points that
are addressed in the new regulations
Table 1
The Seven Points of Assembly Bill 885
Point 1 Minimums stem operating requirements
Point 2- Requirements for impaired state waters, including Clean Water Act Section 303(d)-
listed waters'
Point 3. Requirements authorizing local implementation of the regulations
Point 4 Requirements for corrective actions for failing septic sstems
Point 5 Minimum septic sstem monitoring requirements
Point 6 Exemption criteria
Point 7 Requirements for determining when a system is subject to major repair
The State Water Board has incorporated the seven points into the proposed
regulations The proposed regulations set the minimum septic system standards for the
State The State Water Board regulations address the seven issues and are organized
into four main articles The proposed articles consist of the following
• Article 1 Definitions, applicability of the regulations, and general requirements,
• Article 2 Groundwater level determinations for new OWTS,
' means those surface water bodies or segments thereof that are identified on a list approved first by the State Water
Board and then approved by US EPA pursuant to Section 303(d)of the federal Clean Water Act.
ITEM NUMBER C-2
DATE 01/13/09
• Article 3 Requirements for supplemental treatment and OWTS dispersal
systems,
• Article 4 Requirements for protecting impaired surface waters
The proposed implementation plan allows owners of septic systems to discharge
wastewater without having to file a report of waste discharge (essentially a state permit
application) with a Regional Water Quality Control Board as long as the existing or new
septic system and its owner comply with the State's waiver requirements
Public Process for Statewide Adoption
The public can comment on the proposed regulations anytime until the close of the
public comment period on February 9, 2009 The proposed regulations are available
on the City's website at www.atascadero.orq Citizens who are interested in
commenting may submit comments in person (at one of the public forums [see
Attachment 2]) or to
State Water Resources Control Board
Division of Water Quality
Attn Todd Thompson, P E
1001 1 Street, 15th Floor, P O Box 2231
Sacramento, CA 95812
Citizens who have questions may contact Mr Todd Thompson at (916) 341-5518 or
tthompson@waterboards.ca.gov Comments must be received or postmarked on or
before February 9, 2009
The State Water Board has established a timeline for regulation and waiver adoption as
follows
• November 7, 2008 Release documents for public review and comment
• November 7, 2008 — February 9, 2009 90 day public comment period with 12
public meetings
• December 2008 thru April 2009 Staff prepares responses to comments and
makes appropriate revisions to proposed regulations, statewide waiver and
DEIR
• August 2009 — 30 day comment period ending with adoption of EIR, regulations
and waiver
• November 2009 Completion of Office of Administrative Law review
• Jan 1, 2010 — Effective date of regulations
• July 2010 — Implementation date of regulations (AB 885 stipulated a six month
delay)
Staff Analysis.
Staff has analyzed the proposed regulations for changes that will potentially have an
impact on City residents, finances, staff resources, and our existing permitting system
Staff has also included the draft septic system requirements and implementation plan
as Attachment 3 Table 2 outlines some of the differences between the Central Coast
Water Board Basin Plan and State Water Board septic system requirements
ITEM NUMBER C-2
DATE. 01/13/09
TABLE 2
Issue Recently Adopted New Statewide Staff Comment
Basin Plan Requirements
Requirements
Article I Requirements Definitions, Applicability and General Requirements
Definitions Has definitions for Does not define Comment: No Comment since this
Watercourse watercourse, streams or would be less stringent than the Basin
other bodies of water Plan requirements.
Design Requires only some Requires all new, Comment: City staff believes this is a
systems be designed modified and expanded regional or local issue and should be
by an engineer based system to be designed left to the discretion of individual
on site conditions by an engineer Regional Boards Staff does not believe
that an engineered design is required in
situations where the property has fast
water percolation and is relatively flat.
The Statewide requirement will
increase the cost of systems with faster
percolation, since those systems are
typically not required to be engineered
by the Central Coast Water Board or
Munici al Code
Record Same requirements Operations and Comment: Staff believes this
Keeping as the Statewide Maintenance Manual requirement should only apply to
requirements with prepared by a qualified complex alternative systems. Would
minor differences professional is required. likely cause costs of engineered
systems to increase. Cost would be
dependent on the complexity of the
system
Operations Alternative systems Owners of alternative Comment: No Comment since there
and are not currently systems2 shall maintain are no systems in Atascadero that are
Maintenance allowed in Atascadero a contract with a service currently subject to this requirement.
of Alternative without Central Coast provider to ensure that
Systems Water Board approval the advanced system is
The City will be operated, maintained
required to develop a and monitored as
Septic System designed
Management Plan that
would specify these
types of requirements
Owners are Owners will be required Comment: Staff believes that
encourage to pump to obtain an inspection Statewide requirement should be a
their system every five report a minimum of recommendation since this would likely
years once every five years. impact lower income landowners
disproportionately Septic system
owner's ongoing maintenance cost
would increase.
2 Alternative systems are engineered to treat water to a higher level than a normal septic system
ITEM NUMBER C-2
DATE. 01/13/09
Issue Recently Adopted New Statewide Staff Comment
Basin Plan Requirements
Requirements
Owners are Owners are encouraged Comment: Staff supports a
encouraged to pump to pump their tank performance based approach
every five years anytime the sum of the (Statewide requirement) for septic
regardless of scum scum depth and sludge maintenance since this is likely to
and sludge depth depth exceeds 25%of reduce the incidence of failed systems
the septic system depth Pumping will cause the system owner's
(performance based ongoing maintenance costs to increase
approach) when the tank is pumped, however; the
chance that the system will fail is likely
to decrease
Septic system owners Septic system owners Comment: No Comment since the
are required to will be required to retain Statewide requirement is less stringent
maintain records as all inspection records than the Basin Plan requirement.
long as they own the pertaining to their septic
property system for a minimum of
five years.
Septic System No requirement for Requires collection and Comment: City of Atascadero residents
Monitoring groundwater testing testing of groundwater are served by a community water
samples from onsite system However, the Statewide
domestic wells if the requirement is likely to increase costs
property is not served by to property owners with wells
a community water
system (i a Atascadero
Mutual Water Company)
ARTICLE 2 REQUIREMENTS GROUNDWATER LEVEL DETERMINATIONS
FOR NEW OWTS
Site Requires Requires Groundwater Comment: No Comment
Investigation determination but level determinations as
differs in when the part of site
information can be investigations
collected.
ARTICLE 3 REQUIREMENTS
PERFORMANCE REQUIREMENTS AND SPECIFICATIONS
Supplemental Does not allow local Allows Local Agencies Comment: Whether allowed by the
Treatment agencies to require to require supplemental State Water or Central Coast Water
Requirements additional treatment treatment to mitigate for Board, alternative systems may be a
(additional unless a septic system challenging site solution to sites with difficult soils or site
treatment management plan is conditions, protection of conditions
systems) adopted by the local water quality or
agency protection of public
health
ITEM NUMBER C-2
DATE. 01/13109
Issue Recently Adopted New Statewide Staff Comment
Basin Plan Requirements
Requirements
Does not contain Contains specific Comment: No Comment since
specific discharge discharge limits, testing discharge limits are likely to be required
limits, testing requirements and regardless of which standard applies
requirements and certification for
certification for supplemental treatment
supplemental systems.
treatment systems.
This may be required
if a Septic System
Management Plan is
developed and it
addresses additional
treatment systems
Dispersal Allows the use of Does not allow the use Comment: Staff believes that the
Systems sidewall in calculating of sidewall area when Statewide Requirement is overly
(leachfield) trench length calculating needed restrictive and will cause new or
trench length replacement systems to have double
the length of trench currently needed
This will have an impact on land use
since system size could potentially
double This will increase costs for new
and replacement systems
ARTICLE 4 REQUIREMENTS PROTECTING IMPAIRED WATER BODIES
ITEM NUMBER C-2
DATE 01/13/09
Issue Recently Adopted New Statewide Staff Comment
Basin Plan Requirements
Requirements
Requirements The Basin Plan does Requires a 600-foot Comment: Atascadero Creek is
and not have a setback setback for new septic currently listed by the State and federal
Applicability requirement for creeks system from a creek or Environmental Protection Agency as
or rivers with Total stream that is being impaired by pathogens
Maximum Daily Load designated as an However, this setback would not be
determinations impaired water body for automatically implemented if the State
However, the Central nitrogen or pathogens requirements are adopted In addition,
Coast Water Board and where a Total the setback would only apply to new
has the authority to Maximum Daily Load systems if septic systems are
require this type of a has been approved by specifically determined to be the cause
setback when it the State and the local of the stream pollution, and existing
develops a Total Water Board includes a systems would have to be inspected
Maximum Daily Load3 determination that septic and if determined to be impacting the
systems contribute to stream, modified to meet specific
the impairment. The treatment requirements The Statewide
regulations require regulations also allow for advanced
additional actions on the treatment in order to new systems to be
part of septic system placed inside the 600 foot setback.
owners if this section
applies Staff believes that the 600 foot setback
requirement is overly restrictive since it
does not consider location, topography
or geology Staff believes that any
setback determination should be left to
individual water boards when a Total
Maximum Daily Load is developed
through apublic process
Overall, the Statewide regulations will likely increase the cost of installing new and
replacement systems Staff believes that the final regulations, when adopted, should
allow flexibility and provide for local control of septic system issues
FISCAL IMPACT
The long term fiscal impact on the City from both the State Water Board statewide and
Central Coast Water Board Basin Plan regulations is unknown at this time Cost could
be significant depending on what the City is required to do in a Septic System
Management Plan Long term work includes costs for inspection systems, record
keeping, and amending local codes Short term fiscal impacts includes staff's time to
review the regulations, travel costs for the trip to the Public Meeting in Fresno, and
staff's time to review the standards and develop comments
3 Total Maximum Daily Load is developed for streams that are determined by the Central Coast Regional
Water Quality Control Board to be impacted by pollutants Total Maximum Daily Load is total daily limit on
the quantity of a pollutant that can be discharged to a stream from all pollutant sources near the stream
Determining a TMDL is a lengthy public process with many opportunities for the public to be involved.
ITEM NUMBER. C-2
DATE. 01/13/09
ALTERNATIVES
Council may modify Staff's comments or not endorse Staff's comments on the
proposed regulations
ATTACHMENTS
Attachment 1 10/14/2008 Staff Report Central Coast Regional Water Quality
Control Board Basin Plan Septic System Amendments-- for
information and background
Attachment 2 Listing of State Workshops and Hearing
Attachment 3 Draft State Septic System Regulations and Implementation Plan
Attachment 1
ITEM NUMBER. c -1
DATE. 10/14/2008
-e ■n n i
1918 1079
Atascadero City Council
Staff Report— Public Works Department
Central Coast Regional Water Quality Control Board
Basin Plan Septic System Amendments
RECOMMENDATION
Council direct Staff to provide the State Water Board with comments on Staff's analysis
of the Central Coast Regional Water Quality Control Board's Septic System Basin Plan
amendments
REPORT-IN-BRIEF
The Central Coast Regional Water Quality Control Board (Regional Board) is a State
Government Agency that recently made changes to its Septic System rules and
regulations The Regional Board's Septic System rules and regulations are part of a
Water Quality Control Plan, often called a Basin Plan The changes to the septic
system rules and regulations will direct the City to sign a Memorandum of
Understanding with the Regional Board in order to allow the City to regulate septic
systems in Atascadero, develop and implement a Septic System Management Plan,
and update the Municipal Code to align our regulations with the Regional Board's
recent changes
DISCUSSION
Background. The Central Coast Regional Water Quality Control Board is a State
Government Agency that is responsible for protecting surface and groundwater quality
in the six counties stretching from Santa Barbara to southern Santa Clara County The
Regional Board is part of the State Water Resources Control Board' and California
Environmental Protection Agency
The State Water Resources Control Board provides administrative support and appellate oversight for
the State s nine Regional Water Boards.
ITEM NUMBER. C -1
DATE. 10/14/2008
The Regional Board was formed in 1949 to regulate wastewater discharges from
Industrial and municipal treatment plants The idea was to create a local version of a
State agency that would make better decisions than a body located in Sacramento The
Regional Board consists of nine individuals from the six county areas Regional Board
members are appointed by the Governor to staggered four-year terms The appointees
are all volunteers and are required to have knowledge regarding water quality issues
Individuals represent constitutes such as, water quality, water supply, local government,
recreation, fish or wildlife and others A list of the current local Regional Board
members may be viewed at:
http.//www waterboards ca gov/centralcoast/about—us/board—members shtml
In 1969 the Porter Cologne Water Quality Acte expanded the Regional Board's authority
to protect all ground and surface waters This authority includes the ability to levee
significant fines on polluters and establish water quality objectives as part of a Regional
Water Quality Control Plan (Basin Plan ) The Basin Plan is developed by the Regional
Board to describe the requirements3 that are needed in order to protect ground and
surface water quality in the Regional Board's jurisdiction The Basin Plan includes
requirements and goals for septic systems, wastewater discharges, landfills and storm
water systems The Regional Board recently amended the Basin Plan's onsite
wastewater (septic system) treatment requirements on May 9, 2008
The City provided comments to the Regional Board and a request for additional time for
public input prior to the May 9th public hearing In addition, City staff spoke during the
hearing's public comment period to highlight the City's concerns City staff's written
Basin Plan comments are contained in Attachment A and the City's request for
additional public input time is included as Attachment B The Regional Board s Basin
Plan Amendment staff report, Regional Board staff's written response to public
comments, and the hearing's audio recording can be accessed at:
http.//www.waterboards.ca.gov/centralcoast/board info/agendas/2008/may/item9/index.
shtml
The Regional Board adopted the Basin Plan amendments with minor changes4
Therefore, the amendments are currently going through an administrative and legal
review in Sacramento Both the State Water Resources Control Board (State Board)
and the Office of Administrative Law will be reviewing the local Regional Board's
2 The Porter Cologne Water Quality Act is the governing State law for water quality protection in California
and can be found at: http://www.swrcb ca.gov/laws_regulations/docs/portercologne.pdf
3 Water quality objectives are established to protect the beneficial uses of State waters. This means that
when an entity discharges treated wastewater to an aquifer or stream there will be specific pollutant levels
that cannot be exceeded For example, the City is allowed to discharge wastewater to percolation ponds
close to the Salinas River The City is allowed to only release a set concentration of salts in order to
protect the use of the aquifer The current beneficial uses of the Atascadero groundwater subbasin are
municipal industrial and agricultural uses.
4 The Water Board changed the requirement for septic system pumping from a required five-year cycle to
a recommended five-year cycle
ITEM NUMBER. C -1
DATE. 10/14/2008
changes The Office of Administrative Law's review is not a public process and is
focused on the Basin Plan Amendment's compliance with other State laws The State
Water Board's review is based on the technical and administrative compliance with the
Porter Cologne Water Quality Act.
The Regional Board has sent the amended Basin Plan language for review and
concurrence to the State Water Board The review period typically takes six months to
one year City staff has been in contact with State Water Board staffer Michael
Buchman who is leading the Basin Plan Amendment review Mr Buchman anticipates
that the amended language, along with State Board staff recommendations, will be
heard before the State Water Board sometime in November 2008, possibly the 18th At
the time of this staff report, the State Board's staff recommendation was not known
The State Board staff will either recommend that the Basin Plan amendments be
accepted by the State Board members or be sent back to the Regional Board for
reconsideration State Board staff believes that their recommendations will be
considered at the November 18th State Board hearing City staff believes we will have
at least ten days to comment to the State Board since Mr Buchman mentioned that the
comment period was likely to close on October 28th, 2008 This provides the City and
the public with time to provide written comments on the recently adopted changes and
State Board staff's recommendation
Summary City staff previously provided Regional Board staff with comments objecting
to a number of new and changed requirements that were unfunded mandates and may
result in potential costs to property owners Staff's complete comments are included in
Attachment A.
The Regional Board's proposed changes, staffs summarized comments and the
Regional Board staff's responses are as follows
1 Regional Board Change
Watercourse - A natural or man-made aFtnfisial
channel for passage of water A Fwnning-stre#
frets. There must be ;stream', usually flowing in
a particular direction (though it need not flow
continuously) usually discharging into some stream
or body of water
City Staff's Previously Submitted Comment:
The definition of "Watercourse" was changed to be less specific than the previous
Basin Plan requirement. The Regional Board changed the definition of a watercourse,
mainly by deleting some language and adding "man-made" to the definition City staff
believes it is important to define watercourse in a straight forward, easy to interpret
manner The definition approved by the Water Board is ambiguous
ITEM NUMBER. C -1
DATE. 10/14/2008
Regional Board Staff Response to the City-
Staff response. The City's proposed definition is certainly more specific and limiting than
that proposed in this amendment. However, the intent is to require adequate setback
from any surface water (watercourse, drainageway, stream, natural, man-made, with or
without bed or banks, etc.) to preclude impacting that water quality See response to
John Ricker's comment 5 above. No change recommended.
Additional Regional Board Response to the City*
Staff response: The watercourse definition is intended to be as broad as possible in
order to preclude seepage of wastewater into any surface water, even for a short
duration Flexibility in the setback requirement, included to ensure reasonable protection
of water quality, is in the language"Where site conditions permit migration of wastewater
to water" Such language has been in the watercourse setback requirement since 1983,
but is often overlooked This qualifying language is moved so that it is clearly applicable
to each of the setbacks in the proposed criteria VIII D 2.b.17 In cases where the stated
setback is not provided, then the onsite system designer must document the conditions
that will preclude seepage of wastewater into the surface water The watercourse
setback requirement is essentially unchanged from the existing Basin Plan criteria. No
change recommended.
2 Regional Board Change
Onsite wastewater management plans Ahe"d shall
be implemented in urbanizing areas to investigate
and mitigate long-term cumulative impacts resulting
from continued use of individual, alternative and
community onsite wastewater systems.EPA A
City Staffs Previously Submitted Comment:
The Regional Board is requiring all government agencies that have septic systems in
their jurisdictions to develop and implement an Onsite Wastewater Management Plan
(Management Plan) City staff is concerned about this requirement since it will
potentially cost a significant amount of money to develop and implement a
Management Plan In addition, there appears to be a lack of water quality impacts from
septic systems which could precipitate the need for a Management Plan City staff
believes that the Regional Board should use a collaborative approach to dealing with
septic system issues where impacts are known to occur
ITEM NUMBER. C -1
DATE. 10/14/2008
Regional Board Staff Response to the City-
Staff response. The comment implies that onsite wastewater management is not
needed in Atascadero because problems were not identified in 1983 It does not
indicate whether any water quality monitoring, investigation, or other evaluation of onsite
discharge impacts has been performed in the 25 years since the current Basin Plan
criteria was adopted Staff is not aware of any such monitoring or investigation In
short, the City is unlikely to be aware of impacts for which it has not looked Many of the
components of effective onsite wastewater management are already implemented In the
City of Atascadero, and those activities could be coordinated into a cost-effective onsite
wastewater management plan. California Water Code §13267 authorizes the Water
Board to request technical reports regarding exiting or proposed discharges of waste.
Development and implementation of onsite wastewater management plans will
streamline the development of such technical reports by identifying where and how
onsite discharges can be authorized without risk to water quality The Water Code
specifically requires the discharger (homeowner in the case of most onsite systems) to
develop such reports. an admittedly cumbersome approach. However if the Citv fails to
develop and implement an onsite wastewater management plan, then it must notify
dischargers of their responsibility to apply individually to the Water Board (see comment
2 above) In summary, required development and implementation of onsite wastewater
management plans is included in the proposed Basin Plan amendment as the most cost-
effective method of providing for long-term water quality protection from impacts
associated with onsite discharges. Water Board staff agrees that a collaborative
approach to meeting onsite management needs is most effective for effected agencies
and the public. No change recommended.
City Staff Follow Up Since the time that this comment was submitted to the Regional
Board, John Neil and Robert Jones of the Atascadero Mutual Water Company have
stated that Atascadero's local aquifer has not been impacted by Atascadero's septic
systems The local aquifer is comprised of the Atascadero Subbasin to the Paso
Robles Groundwater Basin Staff believes that this could be transmitted to the State
Board if City comments are submitted
3 Regional Board Change
PROHIBITIONS
13 For new land divisions (including lot s Imo)
served by onsite systems, lot sizes less than
one acre shGuld ne4 be PBFFRe#ed are prohibited
unless auh ized and r an on§item emen
Ian approved b a Central Coast Water
Board Executive Officer For the pu=le of
this orohibltion. seconds units are considered
"de-facto" lots lits and shall not be constructed
on lots less than two gcres in size Wpigss
consistent with onsite managementIQ ans
ITEM NUMBER. C -1
DATE. 10/14/2008
City Staff's Previously Submitted Comment:
Regional Board staff has added new language to prohibit second units on lots less than
2-acres This new language is based on a Regional Board legal opinion and does not
appear to be supported by science City staff sees no difference between building a
second unit or a single home with additional bedrooms Each situation would have to
show that the property is capable of handling the entire wastewater flow and include
open land for the reserve leachfield This requirement conflicts with the City's Municipal
Code which requires at least one acre for second units where the lot is served by an
onsite septic system
Regional Board Staff Response to the City-
Staff response: The City of Atascadero has a broad secondary unit policy which allows
second dwellings on many lots throughout the City Yet, as indicated in response to
comment 5, the City does not evaluate the impacts of onsite discharges on underlying
groundwater resources. Until such time as the City implements an onsite wastewater
management plan to characterize such potential impacts, secondary units on less than
two acres should not be allowed Also see response to John Ricker's comment 12.
Language is added to VIII D a.13 to clarify that smaller lot sizes are allowed where
consistent with an onsite wastewater management plan.
Additional Regional Board Response To The City-
Staff resconse: Existing Basin Plan criteria limits onsite wastewater systems to one acre
per residence unless the site is particularly favorable, in which case one half acre is
acceptable The proposed revision includes clarifying language, but does not change
the underlying one acre per residence standard. The proposed revision (Site Suitability
Prohibition Vlll D.2.a.13) also provides for exception to the one-acre limitation in areas
covered by onsite wastewater management plans As with many of the existing and
proposed Basin Plan criteria, the conservative nature of the requirement (one acre per
residence) is intended to ensure long-term water quality protection where onsite
wastewater management is not implemented. Language is added to VIII D.a.13 to
clarify that smaller lot sizes are allowed where consistent with an onsite wastewater
management plan.
Analysis. The proposed Basin Plan changes will likely have an impact on City finances,
staff resources and will require changes in the Municipal Code The main issues
include the requirement that the City sign a Memorandum of Understanding (MOU)
with the Regional Board for septic system oversight; requirements to develop, gain
approval for and implementation of a Septic System Management Plan, and change the
Municipal Code to comply with the new second unit and other Basin Plan changes
ITEM NUMBER. C -1
DATE. 10/14/2008
The options available to the City include the following
1 Comment on the State Water Board's staff Basin Plan recommendation
2 Do not comment and therefore accept the State Water Board staff's
recommendations to the State Water Board in order to effect changes in the
Basin Plan language
If the upcoming State Board decision is contrary to the City's position then our options
include
1 Work with the Regional Board to develop a Memorandum of Understanding and
an Onsite Wastewater Management Plan
Pro The City will be able to develop and Onsite Management Plan to specifically
address Atascadero's unique geography For example, Regional Board staff has
stated that the issue of second units not being allowed on lots that are less than
two acres could be addressed in the Onsite Management Plan This could
possibly result in the allowance of second units on lots of less-than two acres as
long as the lot's conditions (i a soil and topography) are favorable The Onsite
Wastewater Plan would need to describe the criteria for favorable lot conditions
in order to gain Regional Board staff concurrence However, there are no
guarantees that Regional Board staff would be willing to negotiate on this item
Con This could potentially add additional work for City Staff and cost the City
money The Regional Board Basin Plan specifies the minimum requirements
that would need to be addressed City and Regional Board staff could disagree
on the extent of which the requirements need to be addressed, which could
cause Onsite Management Plan implementation costs to be significant.
2 Decide not to sign a Memorandum of Understanding and onsite Wastewater
Management Plan
Pro The City would transfer all permitting and complaint inspection functions to
the Regional Board This would save the City money and free up staff time
Con The Regional Board is a bureaucratic organization and its staff is
overburdened with their current work load This could lead to serious delays in
permitting new and repaired systems City residents would most likely not be
well served by this arrangement.
Conclusion. At the time this staff report was written, the State Board had not yet
released a notice for the State Board hearing The State Board hearing is anticipated
to be held on either November 4th or 18th according to State Board staffer Michael
Buchman Mr Buchman anticipates numerous comments on this item and believes
ITEM NUMBER. C -1
DATE. 10/14/2008
there will be a three week comment period ending no earlier than October 24, 2008
Therefore, this will provide the public and the City with time to submit comments
FISCAL IMPACT
If Council chooses to comment on the basin plan, there will be a commitment of staff
time, however no additional funding will be required The total costs for compliance
with the Basin Plan requirements are unknown at this time Total and ongoing costs will
depend on the level of detail required in our Onsite Wastewater Management Plan
The City does have the option to forgo regulation of septic systems in Atascadero by
not signing a MOU with the Regional Board Regulation of septic systems would revert
back to the Regional Board This means that this option would have to be carefully
weighed vs the benefit of being able to regulate septic systems locally
ALTERNATIVES
The City Council can direct staff to not submit comments to the State Board
ATTACHMENTS
Attachment A— City Comments on the Proposed Septic System Changes
Attachment B — Mayor's Letter to Roger Briggs
CITY OF ATASCADERO
PUBLIC WORKS DEPARTMENT
roti " 1979
6907 El CAMINO REAL,ATASCADERO, CA 93422
Telephone (805)461-5000* Fax(805)461-7612
April 7, 2008
Ms. Sorrel Marks
Central Coast Regional
Water Quality Control Board
895 Aerovista Place, Suite 101
San Luis Obispo, CA 93401
Comments on Amendments to the Central Coast Water Quality Control Plan (Basin Plan)
Onsite Wastewater Requirements
Dear Ms. Marks,
The City of Atascadero (City) appreciates the opportunity to comment on the Central Coast
Regional Water Quality Control Board's (Water Board) proposed Onsite Wastewater Basin Plan
Amendments The City agrees with the Water Board staff that amendments to the Onsite
Wastewater Basin Plan requirements are long overdue The City appreciates Water Board
staff's eye towards making the requirements straightforward and implementable However, the
City believes that a number of the amendments should be modified or clarified prior to adoption
The City has the following comments
Resolution No R3-2208-0005
1 Page 3, Definition of"Watercourse"-
Regional Board staff has changed the definition of a watercourse, mainly by deleting some
language and adding "man-made" to the definition City staff is concerned that the new
definition is too flexible and is still open to broad interpretation Past experience has shown
that not all Water Board staffers interpret the Basin Plan equally In addition, the old
definition was much clearer and provided language that assisted City staff in identifying
watercourses However, City staff understands that the original definition was problematic
for Water Board staff and we are therefore recommending the following definition'
Watercourse —A running stream of water; a natural stream fed from permanent or
natural sources, including rivers, creeks, runs, and rivulets There must be a stream,
usually flowing in a particular direction, though it need not flow continuously It may
sometimes be dry It must flow in a definite channel, having a bed or banks, and
usually discharges itself into some other stream or body of water It must be something
more than a mere surface drainage over the entire face of the tract of land, occasioned
by freshets or other extraordinary causes
It is important to define watercourse in a straight forward, easy to interpret manner The
above definition provides the minimum guidelines that agency staff, homeowners, and the
public can use to determine appropriate setback distances.
2 Page 5, RECOMMENDATIONS, Number 1 -
City staff recommends that the first sentence be amended as follows
' Definition from Black's Law Dictionary, Fifth Edition, 1989
" Provide property buyers, upon request, with legally available records regarding the
existence, location, operation, and maintenance of onsite disposal systems "
It is not the City's responsibility to track or be involved with property transfers within our
boundary We will provide any documents that we physically posses, in conformance with
the Freedom of Information Act.
3. Page 5, Item 7-
City staff recommends that additional language be added to the following sentence
" Local jurisdictions shall ensure that alternate onsite system owners are provided an
informational maintenance or replacement document by the system designereeeK or
Fe{F968Rtative installer "
This language better clarifies who is responsible for providing operational documents to
homeowners since non-engineers are allowed to design septic systems.
4 Page 5, PROHIBITIONS, Page 9 -
We recommend that Water Board staff take a collaborative approach to achieving its goal of
getting Cities and Counties to develop and implement Onsite Wastewater Management
Plans, as described further below We recommend that Water Board staff add the following
language to the end of this prohibition " Central Coast Water Board Executive Officer or
individual Waste Discharge Requirements issued by the Water Board "
5 Page 5, Vlll D.2.1 b. ONSITE WASTEWATER MANAGEMENT PLANS-
The City, with Water Board staff's knowledge and approval, has been implementing the
Water Board's Basin Plan requirements at the City's own expense We have consented to
this situation in order to provide a service to the City's homeowners. This has worked for the
most part and has freed up valuable Water Board staff time, allowed for speedy permitting
and eliminated duplicative governmental oversight. However, we are now perplexed on why
the development of Onsite Wastewater Management Plans have become such an important
and immediate issue It appears that the Water Board staff desires that the City spend a
potentially significant amount of funds on an issue that, to City staff's knowledge, is not
currently needed in Atascadero
Overall, it is unclear to City staff how the Water Board can require Cities and Counties to
prepare Onsite Wastewater Management Plans. Staff has looked at the Basin Plan's
governing document, the Porter Cologne Water Quality Act. City staff has found no
instance where the Water Board is given the authority to require the City to address a waste
discharge that is not the City's responsibility (The City is not the owner of the individual
septic systems.) Therefore, we strongly recommend that the Basin Plan language be
reverted back to the current language Additionally, this requirement, as written, is an
unfunded mandate If the current language is not changed, then the City requests that the
Water Board provide the funding for plan development.
City staff agrees with Water Board Staff that Onsite Wastewater Management Plans may
be a good tool to prevent ground or surface water contamination in areas where limiting site
conditions could lead to problems Indeed, Water Board staff has already identified the
urbanizing areas with septic systems that may be impacting water quality These areas
were noted in Basin Plan Section VIII D2 b Curiously enough, Atascadero was not listed in
2
that section even though septic systems have been in use for over 75 plus years, a majority
of the land has been previously subdivided, and it incorporates approximately 25 square
miles of land It is also important to note that the City does not allow new divisions of land
less than one acre if sewer is not available Therefore, even if further"urbanization" were to
occur, the current Basin Plan requirements would be adequate to protect water quality in
Atascadero Lastly, all new subdivisions that are less than one acre are connected to our
wastewater collection system
The City sees itself as a partner in the effort to protect water quality We believe that
forcing Cities and Counties to produce Onsite Wastewater Management Plans (if it is
somehow legal, we believe it is an undue requirement) is a step in the wrong direction
Water Board staff should use a collaborative approach, much like the approach that was
used to develop the Ag Waiver program, for each individual jurisdiction City staff also
believes that this new water quality objective should be focused on the areas where septic
systems are known problems (those listed in the current Basin Plan ) This would ensure
that funds and resources are spent on real problem areas.
City staff pledges to work with Water Board staff to implement changes that may be needed
in our upcoming Memorandum of Understanding (MOU) discussions. We believe that a
collaborative approach and minor changes may be all that is needed
6 Page 8, PROHIBITIONS, Number 13 -
Water Board staff have added new language to prohibit second units on lots less than 2-
acres. This new language is based on a Water Board legal opinion and does not appear to
be supported by technically sound science City staff sees no difference between building a
second unit or a single home with additional bedrooms. Each situation would have to show
that the property is capable of handling the entire wastewater flow and include open land for
the reserve leachfield. City staff also recommends removal of the term "defacto" since the
words use implies that the construction of a second unit on lots of less than 2 acres
constitutes an illegitimate or illega12 lot split. City staff recommends the following
amendments be made
" For the purpose of this prohibition, secondary units construction on a lot of less than 2
acres is aye considered "defac#e" a lot splits and shall not be allowed,
unless it is shown that the lot can accept the wastewater flow
from the primary and second unit.
It also appears that Water Board staff has removed language that was previously contained
in the Basin Plan that allowed lot splits of less than one acre, if favorable site conditions
were present. No justification was provided in the amended requirements
Lastly, it appears short sighted to require that lots be 2-acres or larger for second units
California, especially the Central Coast, is dealing with a large population of aging
individuals These individuals are being cared for by their adult children, hence, there is a
demand for second units. The Water Code requires Water Board staff to consider housing
needs when establishing new requirements. It does not appear that the housing needs
requirement was considered City staff believes that the threshold for second units vs. lot
size should be based on whether or not the land can accept the onsite wastewater load
2 The use of De facto. As defined in Black's Law Dictionary, Fifth Edition, 1989
3
Failure to do so would potentially cause undue hardships on families when the potential for
water quality improvement or protection is insignificant.
7 Page 9, REQUIREMENTS, Number 9-
City staff is unclear why the requirement for a 0 1 gallon per day per square foot application
rate is required for percolation rates between 61 and 120 minutes per inch It is not
reasonable to require a landowner with a percolation rate of 61 minutes per inch to
construct an onsite wastewater system that would be the same size as the system on a lot
with an 120 minute per inch percolation rate The 61 minute per inch percolation rate is
almost twice as fast as the 120 minutes per inch rate Therefore, the system would be twice
the needed size, twice the cost and provide no greater water quality protection Agencies
have to be responsive and only require what is necessary to protect human health and the
environment. City staff proposes the following application rates for percolation rates
between 61 and 120 minutes per inch
minutes/inch d/s ft
61-80 0.2
81-100 015
101- 120 01
8. Page 9& 10, REQUIREMENTS, Number 17-
City staff recommends that a note be included with each setback clarifying that a 100-foot
setback applies to the areas upslope from a Water Course, Drinking Water Supply
Reservoir Spillway Elevation or Spring Onsite wastewater systems that are downslope
from the aforementioned features do not pose a risk to the upslope features (water doesn't
flow uphill )
9 Page 10, REQUIREMENTS, Number 25-
City staff recommends that the word "downgradient"in this paragraph be changed to
"downslope"since this more accurately describes the surface location
City staff appreciates the opportunity to review and comment on the proposed Onsite
Wastewater Basin Plan Amendments. Please call me should you have any questions.
Sincerely,
Original Signed by David Athey
David M Athey
Deputy Public Works Director
City of Atascadero
Cc: Wade McKinney, City of Atascadero
Steve Kahn, City of Atascadero
Warren Frace, City of Atascadero
4
CITY OF ATASCADERO
1918 P 19 7
April 25, 2008
Roger W Briggs
Executive Officer
Central Coast Regional Water Quality Control Board
895 Aerovista Drive
San Luis Obispo, CA 93401
Request for Additional Public Input on February 15, 2008 NPDES Phase II Requirements
and Delay of Upcoming Regional Board Action on Onsite Wastewater Basin Plan
Amendments
Dear Mr Briggs
The City Council of Atascadero has been informed that new septic system Basin Plan
requirements will be considered by your board on May 9, 2008 In addition, you have issued
new NPDES Phase II requirements on all remaining cities with un-approved Storm Water
Management Plans. The City of Atascadero is very concerned about these recent developments.
We are, therefore,requesting that the May 9, 2008,hearing on the Basin Plan Requirements be
postponed until July 2008 to allow for additional public comment, and that the new requirements
contained in your February 15, 2008 letter be subject to additional public input.
The Atascadero City Council met on April 22, 2008, and discussed the upcoming changes to the
Septic System Basin Plan Requirements. Several members of the public voiced concerns over
the proposed changes and indicated that public notification by your staff was inadequate and
requested more time to be allowed for public input and discussion. We believe that the changes
proposed in the basin plan are significant and more time is needed to adequately inform the
public We request that the hearing be postponed until the Regional Board's July or August
meetings. This will allow our citizens more time to be involved and provide comments
In addition,our staff also presented the requirements of your February 15, 2008 letter Your
letter indicates that four additional requirements need to be addressed in our Storm Water
Management Plan. My understanding is that these requirements are above and beyond the
NPDES Phase II requirements and were developed without public input. The City Council and I
6907 EL CAMINO REAL - ATASCADERO,CA 93422 - (805)461-5000 - FAX(805)461-7612
Roger W Briggs
April 25,2008
Page 2
are very concerned about this since public input is key to public acceptance. We request that
these new requirements be rescinded and at very least, vetted through a public input process.
The City has enjoyed a great working relationship with you and your staff, and I hope you will
consider and grant our request. If you would like to discuss this matter further,please feel free to
contact Steve Kahn, Public Works Director, at(805) 470-3480
?ike
ry
ennler,Mayor
City of Atascadero
Attachment 2
aw
Mariposa December 8 2008 7 p m. Board sof Supervisors Chambers
Workshop Government Center
5100 Bullion St.
Mari rasa CA
San Andreas December 9 2008 7 p m, Board of Supervisors Chambers
Workshop 291 Mountain Ranch Road
Sara Andreas, CA
Nevada City December 10 2008 7 p.m Board of Supervisors Chambers
Workshop Eric Rood Administrative Center 950
Maidu Avenue
Nevada City, CA
Susanville December 11 2008 7 p m Lassen County Fairgrounds
Workshop Jenson Haff.
195 Russell Afire
Susanvil'le. CA(0130
Redding December 1,8 2008 7 p m Board of Supervisors Chambers
Workshop Shasta County Admin Center- 1450
Court Street
Redding, CA
Bishop January 13 2009 7 p m. Tri-COUnty Fairgrounds
Workshop Sierra St and Fair Dr
Bishop, CA
Riverside January 14 2009 7 p rn. Riverside County Supervisors
Workshop Chambers
4080 Lemon Street
Riverside, CA 92501
Malibu January 15 2009 7 p m. Malibu High School
Workshop 30215 Morning View Dr
Malibu, CA
Fresno January 22 2009 7 p m Fresno Unified School District
Workshop Board Chamber
2309 Tulare,Street
Fresno, CA
Santa Rosa January 27, 2009 7 p m. Wells Fargo Center for the Arts
Workshop Meriot Theater
50 Mark West Springs Bead
Santa Rosa. CA
Eureka January 28, 2009 7 p m, Eureka High School.Auditorium
Workshop 1915 J Street
Eureka, CA
Sacramento February 9, 2009, 1 30 p m. Byron Sher Auditorium
Hearing Cai EPA Building
1001 1 Street
Sacramento CA
Attachmew 3
APPENDIX B
Proposed OWTS Regulations and Conditional Waiver
AB 885 Regulations
DRAFT
TITLE 27 ENVIRONMENTAL PROTECTION
DIVISION 5 STATE WATER RESOURCES CONTROL BOARD
CHAPTER 1 ONSITE WASTEWATER TREATMENT SYSTEMS (OWTS)
ARTICLE 1 GENERAL PROVISIONS
§30000. SWRCB—Definitions.
Except as otherwise indicated in this Article,definitions of terms used in the SWRCB-promulgated portions of this Chapter
shall be those set forth in Division 7(commencing with Section 13000)of the Water Code and Chapter 6.5 of Division 20
of the Health and Safety Code(commencing with Section 25 100)
At-grade system"means an OWTS dispersal system with a discharge point located at the preconstruction grade
(ground surface elevation).The discharge from an at-grade system is always subsurface.
`Basin plan"means the same as `water quality control plan"as defined in Division 7(commencing with Section 13000)
of the Water Code.Basin plans are adopted by each Regional Water Board,approved by the SWRCB and the Office of
Administrative Law and identify surface water and groundwater bodies within each Region s boundaries and establish,for
each,its respective beneficial uses and water quality objectives.Copies are available from the Regional Water Boards.
`Bedrock"means the rock,usually solid,that underlies soil or other unconsolidated,surficial material.
`Certification means an expression of professional opinion in the form of a certificate,stamp,or signature that the
OWTS,or its components,meets industry standards that are the subject of the certification,but does not constitute a
warranty or guarantee,either express or implied.For proprietary supplemental treatment systems,certification is a
statement that indicates the subject system has demonstrated performance through an independent,third-party evaluation of
performance data as required in§30013(e),but does not constitute a warranty or guarantee,either express or implied.
`Cesspool'means an excavation in the ground receiving wastewater,designed to retain the organic matter and solids,
while allowing the liquids to seep into the soil.Cesspools differ from seepage pits because cesspool systems do not have
septic tanks.
`Clay"means a soil particle;the term also refers to a type of soil texture As a soil particle,clay consists of individual
rock or mineral particles in soils having diameters<0 002 mm in diameter As a soil texture,clay is the soil material that is
comprised as 40 percent or more clay particles and not more than 45 percent sand and not more than 40 percent silt
particles.
`Community water supply"means a public water system regulated by the California Department of Public Health or a
local health department.
`Conventional system"means an OWTS consisting of a septic tank and a subsurface system for dispersal of septic tank
effluent.A gravity subsurface dispersal system may be a leachfield or seepage pit.A conventional system may include
septic tank effluent pumping where the dispersal area is located at a higher elevation than the associated septic tank or to
accomplish uniform distribution.Properly sited,designed,installed and operated conventional systems are capable of
nearly complete removal of suspended solids,biodegradable organic compounds and fecal coliform bacteria.However
other pollutants may not be removed to acceptable levels.Conventional systems can be expected to remove no more than
10 to 40%of the total nitrogen compounds(TN)in domestic wastewater after final soil treatment.
`Dispersal system"means a leachfield,seepage pit,mound,at-grade,subsurface drip field,evapotranspiration and
infiltration bed,or other type of system for final wastewater treatment and subsurface discharge.
`Domestic wastewater"means the type of wastewater normally discharged from,or similar to,that discharged from
plumbing fixtures,appliances and other household devices including,but not limited to toilets,bathtubs,showers,laundry
facilities,dishwashing facilities,and garbage disposals.Domestic wastewater does not include wastewater from industrial
processes other than inputs considered de minimis(less than 5 percent).
`Domestic well'means a groundwater well that provides water for human consumption and is not regulated by the
California Department of Public Health.
DRAFT
`Dosing tank"means a watertight receptacle located between an OWTS treatment unit(i.e.,septic tank or supplemental
treatment unit)and a dispersal area equipped with an automatic siphon device or pump designed to discharge wastewater
intermittently in the distribution lines in amounts proportioned to the capacity of such lines and to provide adequate rest
periods between such discharges.
"Earthen material"means a substance composed of the earth s crust(i.e.,soil and rock).
`EDF"see electronic deliverable format,
`Effluent'means the wastewater discharged from an OWTS treatment component or any portion thereof.
`Electronic deliverable format'or `EDF"means the data standard adopted by the SWRCB for submittal of
groundwater quality monitoring data to the SWRCB s intemet-accessible database system.
`Engineered Fill'means soil that meets the criteria in Table 3 in§30014
`Escherichia coli"means a group of bacteria used as an indicator of fecal pollution.
"ETI"see"Evapotranspiration and infiltration bed."
`Evapotranspiration and infiltration(ETI)bed"means a subsurface dispersal bed in which soil capillarity and root
uptake help to disperse the effluent from a septic tank or supplemental treatment system through surface evaporation,soil
absorption,and plant transpiration.
`Existing OWTS"means an OWTS that was either permitted by the applicable local agency or legally installed before
the effective date of this Chapter
`Fines"are soil particles with a diameter less than 0 05 millimeters.Fines consist of silt-or clay-sized particles.
"Gravel-less chamber"system means a buried structure used to create an aggregate-free absorption area for infiltration
and treatment of wastewater
`Grease interceptor"means a passive interceptor that has a rate of now exceeding 50 gallons-per-minute and that is
located outside a building.Grease interceptors are used for separating and collecting grease from wastewater
"Groundwater"means water below the land surface that is at or above atmospheric pressure.
"High-strength waste"means wastewater having a 30-day average concentration of biochemical oxygen demand(BOD)
greater than 250 milligrams-per-liter(mg/L)or of total suspended solids(TSS)greater than 150 mg/L after the septic tank
or other OWTS treatment component and before the dispersal system.
`Impaired Water Bodies"means those surface water bodies or segments thereof that are identified on a list approved
first by the SWRCB and then approved by US EPA pursuant to Section 303(d)of the federal Clean Water Act.
`Major repair"means any repair required for an OWTS due to surfacing wastewater effluent.
`Memorandum of understanding"(MOU)means a formal agreement between the Regional Water Board and a local
agency The agreement authorizes the local agency to administer the OWTS discharge program in lieu of direct State
regulation of discharges from OWTS.
`Mottling"means a soil condition that results from oxidizing or reducing minerals due to soil moisture changes from
saturated to unsaturated over time.Mottling is characterized by spots or blotches of different colors or shades of color
(grays and reds)interspersed within the dominant color as described by the United States Department of Agriculture soil
classification system.This soil condition can be indicative of historic seasonal high groundwater level,but the lack of this
condition may not demonstrate the absence of groundwater
`MOU"see `Memorandum of understanding.
`Mound system means an aboveground dispersal system(covered sand bed with effluent leachfield elevated above
original ground surface inside)used to enhance soil treatment,dispersal,and absorption of effluent discharged from an
OWTS treatment unit such as a septic tank.Mound systems have a subsurface discharge.
`NELAP Accredited"means an accreditation for laboratories issued by a state government program in which that
laboratory resides or through the National Environmental Laboratory Accreditation Program,
DRAFT
`New Lot'means a lot recorded after the effective date of this Chapter
`New OWTS"means an OWTS permitted after the effective date of this Chapter
`Onsite wastewater treatment system(s)"(OWTS)has the same meaning as found in§13290 of the California Water
Code.The short form of the term may be singular or plural.
"Percolation test"means a method of testing water absorption of the soil.The test is conducted with clean water and test
results can be used to establish the dispersal system design.
`Performance requirements"means the maximum allowable concentrations of BOD,TSS,total nitrogen(TN),or total
coliform resulting from the active treatment of domestic wastewater from an OWTS
`Permit'means a document that allows the installation and use of an OWTS The term refers to any one of the
following-
1 A conditional waiver of waste discharge requirements issued by the SWRCB or a Regional Water Board,
2. Waste discharge requirements issued by a Regional Water Board or the SWRCB,or
3 A document,so named,issued by a local agency that is operating under an MOU or other agreement with a
regional water board or SWRCB pursuant to these regulations.
"Person means any individual,firm,association,organization,partnership,business trust,corporation,company, State
agency or department,or unit of local government who is,or that is,subject to this Chapter
`Pollutant'means any substance that alters water quality of the waters of the State to a degree that it may potentially
affect the beneficial uses of water as listed in a basin plan.
`Pressure distribution"means a type of dispersal system employing a pump or automatic siphon and distribution piping
with small diameter perforations(1/4 of an inch of less)or drip emitters to introduce effluent into the soil with uniform
distribution.
"Qualified professional"means an individual licensed or certified by a State of California agency to design and
construct OWTS,including an individual who possesses a registered environmental health specialist certificate or is
currently licensed as a professional engineer or professional geologist.
"Record Plan"means the document prepared by either a qualified professional or person authorized to install OWTS
pursuant to§30002(g). Record plans detail the `as-built'installation of the OWTS,including but not limited to final
placement of an OWTS its components,sizes and the specifications of components.
`Replaced OWTS"means an OWTS that has its treatment capacity expanded,or its dispersal system replaced,after the
effective date of this Chapter
`Rock"means any naturally formed aggregate of one or more minerals(e.g.,granite,shale,marble);or a body of
undifferentiated mineral matter(e.g.,obsidian),or of solid organic matter(e.g.,coal)that is greater than 0.08 inches(2mm)
in size.
`Sand"means a soil particle;this term also refers to a type of soil texture.As a soil particle,sand consists of individual
rock or mineral particles in soils having diameters ranging from 0 05 to 2.0 millimeters in diameter As a soil texture, sand
is soil that is comprised of 85 percent or more sand particles,with the percentage of silt plus 1.5 times the percentage of
clay particles comprising less than 15 percent.
`Seepage pit'means a drilled or dug excavation,three to six feet in diameter either lined or gravel filled,that receives
the effluent discharge from a septic tank or other OWTS treatment unit for dispersal.
`Septic tank"means a watertight,covered receptacle designed for primary treatment of wastewater and constructed to
1 Receive wastewater discharged from a building;
2. Separate settleable and floating solids from the liquid,
3 Digest organic matter by anaerobic bacterial action,
4 Store digested solids,and
5 Clarify wastewater for further treatment with final subsurface discharge.
DRAFT
`Septic tank effluent'means wastewater discharged from a septic tank.
`Service provider"means a person capable of operating,monitoring,and maintaining an OWTS consistent with the
requirements and responsibilities in§300020),§30013(g), §30013(h),§30014(f),and the O&M manual or capable of
inspecting a septic tank in accordance with§30002(u)of this Chapter
`Shallow dispersal system"means a dispersal system designed to apply wastewater at the upper layer of the soil column
using pressure distribution.
`Silt'means a soil particle;this term also refers to a type of soil texture.As a soil particle,silt consists of individual rock
or mineral particles in soils having diameters ranging from between 0 05 and 0 002 mm in diameter As a soil texture,silt is
soil that is comprised as approximately 80 percent or more silt particles and not more than 12 percent clay particles.
`Site means the location of the OWTS and,where applicable,a reserve dispersal area capable of disposing 100 percent
of the design flow from all sources the OWTS is intended to serve.
`Site Evaluation"means an assessment of the characteristics of the site sufficient to determine its suitability for an
OWTS to meet the requirements of this Chapter
`Soil"means the naturally occurring body of porous mineral and organic materials on the land surface,which is
composed of unconsolidated materials,including sand-sized,silt-sized,and clay-sized particles mixed with varying
amounts of larger fragments and organic material.The various combinations of particles differentiate specific soil textures
identified in the soil textural triangle developed by the United States Department of Agriculture(USDA)as found in Soil
Survey Staff,USDA,Soil Survey Manual,Handbook 18,U S.Government Printing Office,Washington,DC, 1993,p
138.For the purposes of this chapter,soil shall contain earthen material of particles smaller than 0 08 inches(2 mm)in size.
"Soil permeability"means a measure of the ability of a soil to transmit liquids.
`Soil texture"means the soil class that describes the relative amount of sand,clay,silt and combinations thereof as
defined by the classes of the soil textural triangle developed by the USDA(referenced above).
`Supplemental treatment'means any OWTS or component of an OWTS,except a septic tank or dosing tank that
performs additional wastewater treatment so that the effluent meets the performance requirements of§30013 prior to
discharge of effluent into the dispersal field.
`Telemetric"means the ability to automatically measure and transmit OWTS data by wire,radio,or other means.
`TMDL is the acronym for"total maximum daily load."Section 303(d)(1)of the Clean Water Act requires each State
to establish a TMDL for each impaired water body to address the pollutant(s)causing the impairment. In California,
TMDLs are usually adopted as Basin Plan amendments.
`Total coliform"means a group of bacteria consisting of several genera belonging to the family Enterobacteriaceae,
which includes Escherichia coli bacteria.
`Waste discharge requirement'or `WDR means an operation and discharge permit issued for the discharge of waste
pursuant to Section 13260 of the California Water Code.
Authority Cited- CA Water Code§ 13291 § 1058
Reference- CA Water Code§ 13291(b).
§30001. SWRCB—Applicability
(a) This Chapter establishes minimum requirements for the permitting,monitoring,and operation of OWTS for preventing
conditions of pollution and nuisance.Regional Water Boards and local agencies implementing the OWTS regulations
may establish requirements for OWTS that are more protective of water quality than the requirements contained in this
Chapter
(b) This Chapter applies to all new OWTS Requirements in this Chapter apply to existing OWTS only where specifically
indicated.
(c) No person shall do any of the following without first notifying the Regional Water Board.
DRAFT
(1) operate a new or existing OWTS with the capacity to treat over 3,500 gallons-per-day that has been relocated,
expanded,repaired or replaced,
(2) increase the average pollutant loading of the waste stream entering an OWTS with the capacity to treat over 3,500
gallons-per-day;
(3) change the nature(e.g.,from domestic to commercial)of the waste stream entering an OWTS,or
(4) discharge wastewater at greater volumes than the design flow into an OWTS.
(d) This Chapter may be implemented through conditional waivers of WDRs by the SWRCB or Regional Water Boards.
(e) Regional Water Boards may adopt waste discharge requirements that exempt individual OWTS from requirements
contained in this Chapter
(f) A local agency may implement this Chapter,or a portion thereof,as authorized by the SWRCB or by a Regional Water
Board through agreement,adopted resolution,or Memorandum of Understanding(MOU).Any MOU,adopted
resolution,or similar agreement must require compliance with these regulations and the applicable Regional Water
Board basin plan.
Authority Cited: CA Water Code§1058, 13291
Reference:CA Water Code§13291(d), 13291(e)
§30002. SWRCB—General Requirements.
(a) New OWTS and replaced OWTS shall be operated to accept and treat flows of domestic wastewater,excluding any
material not generally associated with household activities(including,but not limited to,toilet flushing,food
preparation,laundry,household cleaning including drain cleaning,and personal hygiene) Additionally,OWTS may be
designed and operated to accept other wastewater from facilities that:
(1) exclude hazardous waste,as defined in Section 66260 10 of Title 22 of the California Code of Regulations,
(2) reduce high strength wastewater to below a 30-day average concentration of 250 mg/L BOD and 150 mg/L TSS
effluent and prior to discharge to the septic tank;or
(3) use waste segregation practices and systems to reduce pollutant concentrations entering the OWTS to domestic
wastewater levels.
(b) New OWTS and replaced OWTS shall be designed to disperse effluent to subsurface soils in a manner that maximizes
unsaturated zone treatment and aerobic decomposition of soluble and particulate organic compounds and other
pollutants in the effluent.
(c) New OWTS shall be designed,operated and maintained in accordance with the requirements of this Chapter
(d) The design of new and replaced OWTS shall be based on the expected influent wastewater quality the wastewater
quantity the characteristics of the site,and the required level of treatment for protection of water quality and public
health.
(e) A qualified professional shall perform all necessary soil and site evaluations for all new OWTS and for existing OWTS
where the treatment or dispersal system will be replaced or expanded.
(f) A qualified professional shall design all new OWTS and existing OWTS where the treatment or dispersal system will
be replaced or expanded.A qualified professional employed by a local agency while acting in that capacity,may
review,design,and approve a design for a proposed conventional OWTS
(g) A Licensed General Engineering Contractor(Class A),General Building Contractor(Class B),Sanitation System
Contractor(Specialty Class C-42),or Plumbing Contractor(Specialty Class C-36)shall install all new OWTS and
replaced OWTS in accordance with California Business and Professions Code Sections 7056,7057,and 7058 and
Article 3 Division 8,Title 16 of the California Code of Regulations.A property owner may also install his/her own
OWTS if the as-built diagram and the installation are inspected and approved by the Regional Water Board or
DRAFT
authorized local agency at a time when the OWTS is in an open condition(not covered by soil and exposed for
inspection).
(h) Materials in concentrations that are deleterious and inhibiting to OWTS operations shall not be discharged to an
OWTS Deleterious and inhibiting materials include the following:
(1) any biocide,or
(2) all products and matters defined in Chapter 41 Division 4.5 Title 22 in the California Code of Regulations.
(i) The owner of any site on which a new OWTS or replaced OWTS is located shall have an operation and maintenance
(O&M)manual prepared by a qualified professional.O&M manuals shall include,at a minimum.
(1) the name,address,telephone number,business and professional license number of the OWTS designer;
(2) the name,address,telephone number,business and professional license number,where applicable,of the OWTS
installer-
(3) the name,address,and telephone number of the service provider that maintains any supplemental treatment
system,
(4) instructions for proper operation and maintenance and a protocol for assessing performance of the OWTS,
(5) the Record Plan with a certification that the dispersal system meets all applicable requirements contained in
§30014(a);
(6) the design flow and performance requirements for the OWTS,
(7) a list of types of substances that could inhibit performance if discharged to the OWTS,including those applicable
to(h);
(8) a list of substances that could cause a condition of pollution or nuisance if discharged to the OWTS,including but
not limited to pharmaceutical drugs and water softener regeneration brines;and
(9) a copy of the SWRCB or Regional Water Board waiver or waste discharge requirements applicable to the system.
(j) Each owner of a new OWTS with supplemental treatment components or existing OWTS with supplemental treatment
components(see§30013)shall maintain,in addition to the O&M manual and record plan,a contract with a service
provider to ensure that the OWTS is operated,maintained and monitored as designed.
(k) The owner shall retain a Record Plan and an O&M manual for any new or replaced OWTS upon completion of an
OWTS installation. Upon the sale of a site,it is the obligation of the owner of the site to provide the buyer,through
escrow or otherwise,a complete copy of the O&M manual and record plan for the OWTS at the site.
(1) The owner shall retain all inspection records pertaining to their OWTS for a minimum of five years.
(m) Cesspools shall not be used for new or replaced OWTS
(n) All new or replaced septic tanks and new or replaced grease interceptor tanks shall comply with the standards
contained in Sections K5(b),K5(c),K5(d),K5(e),K5(k),K5(m)(1),and K5(m)(3)(ii)of Appendix K,of Part 5,Title
24 of the 2007 California Code of Regulations.
(o) All new septic tanks shall comply with the following requirements.
(1) Access openings shall have watertight risers and shall be set within 6 inches of finished grade; and
(2) Access openings shall be secured to prevent unauthorized access.
(p) The installation of new prefabricated septic tanks shall be limited to those approved by the International Association of
Plumbing and Mechanical Officials(IAPMO)and their installation shall be installed according to the manufacturer's
instructions. If IAPMO certified tanks are not available locally,other prefabricated tanks may be allowed only if they
comply with subsection(q)below
(q) New non-prefabricated tanks or prefabricated tanks not certified by IAPMO shall be installed only after the design is
stamped and certified by a California registered civil engineer as meeting the industry standards necessary to comply
with these requirements,
DRAFT
(r) New and replaced OWTS septic tanks shall be designed to prevent solids in excess of three-sixteenths(3/16)of an inch
in diameter from passing to the dispersal system.Septic tanks that use a National Sanitation Foundation/American
National Standard Institute(NSF/ANSI)Standard 46 certified septic tank filter at the final point of effluent discharge
from the OWTS and prior to the dispersal system shall be deemed in compliance with this requirement.All
documentation received as a result maintenance on effluent filters shall be retained for five years.
(s) OWTS owners with an onsite domestic well on their property must monitor groundwater by sampling and analyzing
water from.
(1) a monitoring well designed to measure the effect of the OWTS discharge,located down-gradient and within 100
feet of the OWTS dispersal system.For existing OTWS with domestic wells, sampling shall take place within 5
years of the effective date of this chapter and no less than every fifth year thereafter For new OWTS,sampling
shall take place within 30 days following the installation of the new OWTS and every fifth year thereafter
Samples shall not be taken earlier than six months prior to the end of every five year sampling period,or
(2) an existing onsite domestic well on the property For existing OTWS with domestic wells, sampling shall take
place within 5 years of the effective date of this chapter and no less than once every fifth year thereafter For
new OWTS with a domestic well, sampling shall be conducted within 30 days following the installation of a
new OWTS and no less than once every fifth year thereafter Samples shall not be taken earlier than six months
prior to the end of every five year sampling period.
Groundwater analyses shall be conducted in accordance with(t) Existing OWTS and new OWTS installations shall
be exempt from this requirement if the facility that the OWTS serves is provided water from a community water
supply system.
(t) The owner or owner's authorized representative shall collect groundwater samples pursuant to(s)and shall have them
analyzed by a laboratory certified by the California Department of Health Services.The laboratory shall be capable of
producing laboratory results in EDF format.The groundwater samples shall be analyzed for the following• calcium
(Ca),magnesium(Mg),sodium(Na),potassium(K),iron(Fe),manganese(Mn),zinc(Zn),sulfate(SO,),chloride
(Cl),nitrate(NO,),nitrite(NO,),fluoride(F),TDS,total alkalinity(as CaCOA carbonate(CO,),bicarbonate(HCO3),
MBAS(methylene blue active substances),pH and total coliforms.If a sample tests positive for total coliforms,the
sample shall be analyzed for Escherichia coli bacteria.The name of the site owner,the site address and the laboratory
results shall be transmitted to the S WRCB in EDF format. The names and addresses of owners of tested domestic wells
shall not be released.
(u) Any person owning a septic tank shall obtain a report of inspection from a service provider a minimum of once every
five years.The inspection report shall verify that the level of settleable solids and/or floatable solids do not impair the
performance of the septic tank.It is recommended that septic tanks be pumped if the sum of the scum depth and sludge
depth exceeds 25%of the septic tank depth as measured from the water line to the bottom of the tank.
(v) The SWRCB recommends that the regenerating saline backwash from water softeners not be discharged either to the
OWTS or to the ground in any manner
(w) Surfacing effluent is prohibited.In cases of violation of this prohibition,a major repair shall be conducted by a service
provider or qualified professional. Such corrective action shall be commenced within 30 days of reported violation,and
must be completed within 90 days.The Regional Board may exempt a property from the 90-day requirement and
extend the time frame,but such exemptions shall not extend beyond 180 days.
Authority Cited.CA Water Code§1058, 13291
Reference- CA Water Code§13267 13291(d), 13291(e)
ARTICLE 2 GROUNDWATER LEVEL DETERMINATIONS FOR NEW OWTS
§30012 SWRCB—Groundwater Level Monitoring.
(a) A site evaluation shall be conducted by a qualified professional to determine the depth to the seasonal high
groundwater,unless the seasonal high groundwater level at the site has previously been determined to be greater than
DRAFT
10 feet below the ground surface. Such a finding may be based upon the following sources-previous evaluations or
studies,or well driller information.
(b) Soil mottling observed during the site evaluation by a qualified professional may be used to determine the seasonal
high groundwater level.Where soil mottling observations cannot be made or lead to unreliable conclusions,a qualified
professional shall use the following protocols to determine seasonal high groundwater prior to design and installation
of an OWTS
(1) To measure depth to seasonal high groundwater,a groundwater level monitoring well shall be installed to a
minimum depth of ten feet in the vicinity of a proposed wastewater dispersal system.If an impermeable layer is
present at a depth of less than ten feet below the ground surface,the depth of the groundwater level monitoring
well shall be decreased to the depth of the impermeable layer
(2) For OWTS serving facilities other than single family homes,the SWRCB or Regional Water Board shall
determine the number and depth of groundwater level monitoring wells. Such determinations by the Regional
Water Board shall supercede the depth requirements in(b)(1).
(3) Measurements of depth to seasonal high groundwater shall be conducted between November 1 and April 1 unless
otherwise specified by the Regional Water Board. Groundwater levels shall be measured continuously using a
piezometer to record the seasonal high groundwater level.The piezometer may be a float device that mechanically
or electrically records the highest water level.
(4) For areas that are subject to special circumstances such as seasonal high groundwater caused by snowmelt or
irrigation,measurements to determine the annual high groundwater level shall be conducted during a period
specified by the Regional Water Board.Groundwater levels shall be measured in the same manner as specified in
(b)(3)above.
(5) The Regional Water Board may exempt sites or areas from this Section where an alternative protocol for
determining seasonal high ground water is established in the basin plan.
Authority Cited:CA Water Code§1058, 13291
Reference. CA Water Code§13260 13264 13267 13269 and 13291
ARTICLE 3 PERFORMANCE REQUIREMENTS AND SPECIFICATIONS
§30013. SWRCB—Performance Requirements for Supplemental Treatment Components.
(a) Local agencies or the Regional Water Board may require supplemental treatment systems for any existing or new
OWTS where treatment is needed to mitigate for insufficient soil depths or to provide for protection of the water
quality and public health.Required soil depths are set forth in§30014(c)for a conventional system or§30014(d)for a
dispersal system with supplemental treatment components.
(b) Supplemental treatment components,other than for disinfection or nitrogen reduction,shall be designed to reduce
biochemical oxygen demand(BOD)and total suspended solids(TSS)concentrations.Supplemental treatment
components,other than for disinfection or nitrogen reduction,shall produce an effluent that meets the following
requirements.
(1) The 30-day average carbonaceous BOD(CBOD)concentration shall not exceed 25 milligrams per liter(mg/L),or
alternately,the 30-day average BOD shall not exceed 30 mg/L,and
(2) The 30-day average TSS concentration shall not exceed 30 mg/L.
(c) Supplemental treatment components designed to perform disinfection shall provide sufficient pretreatment of the
wastewater so that effluent does not exceed a 30-day average TSS of 10 mg/L and shall further achieve an effluent total
coliform bacteria concentration,at the 95 percentile,no greater than either of the following;
(1) 10 Most Probable Number(MPN)per 100 milliliters prior to discharge into a dispersal field where the soils
exhibit percolation rates between 1 and 10 minutes per inch(MPI)or where the soil texture is sand,or
DRAFT
(2) 1000 MPN per 100 milliliters prior to discharge into a dispersal field where the soils exhibit percolation rates
greater than 10 MPI or consist of a soil texture other than sand.
(d) Effluent from supplemental treatment components designed to reduce nitrogen shall not exceed a 30-day average TN
concentration of 10 mg/L as nitrogen.
(e) Before the installation of any proprietary supplemental treatment OWTS,all such treatment components shall be tested
by an independent third party testing laboratory The independent third party laboratory shall certify that the type of
system being installed and its components are capable of reliably meeting applicable performance requirements when
installed according to design and manufacturer specifications,based upon the results from the testing protocol.The
testing protocol shall include but is not limited to the following:
(1) a testing duration of not less than six continuous months,
(2) the minimum number of sample days shall not be less than 96 days;
(3) All samples shall be analyzed by a NELAP accredited laboratory
(4) the wastewater used for testing shall consist primarily of municipal or domestic wastewater and shall have
concentrations in the following ranges.
(A) BOD- 125 milligrams per liter or greater,
(B) TSS 125 milligrams per liter or greater;
(C) TN(as N)•50 milligrams per liter or greater,
(D) total coliform bacteria. 1X106 MPN/100 ml or greater,and
(E) alkalinity(as CaCO3) 50 milligrams per liter or greater
(5) hydraulic and organic design loading shall be varied during the test to simulate OWTS operational stress at
different levels of use,including all of the following:
(A) regular daily use,where the following daily wastewater flow regime entering the supplemental treatment
system is as follows.
i) approximately 35%of the daily wastewater design flow enters the OWTS from 6.00 a.m.to 9.00 a.m.
ii) approximately 25%of the daily wastewater design flow enters the OWTS from 11.00 a.m.to 2.00 p.m.
iii) approximately 40%of the daily wastewater design flow enters the OWTS from 5.00 p.m.to 8.00 p.m.
(B) vacation(e.g.,one week rest)no sooner than two weeks after testing commencement and no later than two
weeks before test termination.
(6) testing of supplemental treatment components to comply with the performance requirements of(b),(c)or(d)shall
be conducted with the following detection limits listed in Table 1
TABLE 1
DETECTION LIMITS FOR WASTEWATER CONSTITUENTS
Parameter Detection Limit
BOD 2 mg/L
TSS 5 mg/L
Total Coliform 2.2 MPN
Total Nitrogen 1 mg/L
(f) The ongoing monitoring of supplemental treatment components designed to meet the performance requirements of(b),
(c)or(d)shall be monitored in accordance with the operation and maintenance manual for the OWTS or more
frequently as required by the Regional Water Board.
DRAFT
(g) OWTS with supplemental treatment components shall be equipped with a visual or audible alarm as well as a
telemetric alarm that alerts the owner and service provider in the event of system malfunction. OWTS using
supplemental treatment shall,at a minimum,provide for 24-hour wastewater storage based on design flow as a means
to minimize pollution from overflow discharge after a system malfunction or power outage.
(h) OWTS designed to meet the disinfection performance requirements outlined in(c)shall be inspected for proper
operation weekly by a service provider unless a telemetric monitoring system is capable of continuously assessing the
operation of the disinfection system.Testing of effluent from supplemental treatment components that perform
disinfection shall be conducted quarterly based on analysis of total coliform with a minimum detection limit of 2.2
MPN Effluent samples shall be taken by a service provider and analyzed by a California Department of Health
Services certified laboratory
Authority Cited: CWC 1058, 13291
Reference: CA Water Code§13260 13264 13267 13269 and 13291
§30014. SWRCB—Dispersal Systems
Any dispersal system that is part of a new OWTS shall meet the following requirements.
(a) Dispersal systems shall be designed and installed at the shallowest practicable depth to maximize elements critical to
effective treatment of effluent in the soil.Elements critical to effective treatment include oxygen transfer,biological
treatment,evapotranspiration and vegetative uptake of nutrients.
(b) Dispersal systems,except those addressed in(i)and(k)below,shall be designed using only the bottom area of the
dispersal system as the infiltrative surface.The infiltrative surface shall be sized using the design application rates
contained in either Table 2 or Figure 1
(c) Dispersal systems of all conventional OWTS shall have at all times during operation at least three feet of continuous
unsaturated,undisturbed,earthen material with less than 30 percent of that material by weight containing mineral
particles in excess of 0 08 inches(2 mm)in size(i.e.,rock)below the bottom of the dispersal system.Where greater
than 30 percent of the undisturbed earthen material exceeds 0 08 inches(2 mm)in size,pressure distribution shall be
used to disperse the OWTS effluent and either of the following shall apply-
(1) the minimum depth of unsaturated,undisturbed earthen material required shall be determined using Figure 2,or
(2) the application rate as shown in Table 2 or Figure 1 shall be reduced by the same percentage as that of the earthen
materials in excess of 0 08 inches(2 mm)at the dispersal area.
(d) Dispersal systems of all OWTS with supplemental treatment components shall have at all times during operation at
least two feet of continuous unsaturated,undisturbed,earthen material with less than 30 percent of that material
consisting of mineral particles in excess of 0 08 inches(2 mm)in size(i.e.,rock)below the bottom of the dispersal
system.Where greater than 30 percent of the undisturbed earthen material exceeds 0 08 inches(2 mm)in size,pressure
distribution shall be used to disperse the OWTS effluent and either of the following shall apply-
(1) the minimum depth of unsaturated,undisturbed earthen material required shall be determined using Figure 2,or
(2) the application rate as shown in Table 2 or Figure 1 shall be reduced by the same percentage(by weight)as that of
the earthen materials in excess of 0 08 inches(2 mm)at the dispersal area.
(e) Where undisturbed earthen material has insufficient depth to satisfy the minimum depth requirements in(c)or(d),
engineered fill as defined herein may be added to existing site soils so that the site exceeds the specified soil depth
requirements.Engineered fill(i.e.,sand or crushed glass)shall meet the specifications contained in Table 3
Engineered fill shall compensate for the lack of in-place earthen material at a 1.5 to 1 basis so that a one foot
deficiency in the soil column depth would require one and one half feet of engineered fill material.A pressure
distribution system is required where engineered fill is used to comply with the minimum earthen material depth
requirements. In no case shall engineered fill compensate for more than one foot of the minimum native soil depth
requirements in(c)or(d)
DRAFT
(f) Conventional OWTS dispersal systems in which pumps are used to move effluent from the septic tank to the dispersal
system shall be equipped with one of the following:a visual,audible,or telemetric alarm that alerts the owner or
service provider in the event of pump failure.All pump systems shall,at a minimum,provide for storage in the pump
chamber during a 24-hour power outage or pump failure and shall not allow an emergency overflow discharge.
(g) All dispersal systems shall have at least six(6)inches of soil cover
(h) In no case shall a vehicle drive or be placed over the dispersal system.
(i) Gravel-less chambers shall meet the requirement for conventional dispersal systems contained in(c)and(d) The
infiltrative surface shall be sized using the area beneath the open portion of the chamber(not including area beneath the
base of support or outside the chamber)and using the design application rates contained in either Table 2 or Figure 1
The design infiltrative surface area of such a system may be reduced to no less than seventy percent(70%)of the area
required for a conventional dispersal system.
TABLE 2
DESIGN INFILTRATIVE SURFACE APPLICATION RATES
USDA Soil Texture Classification Maximum Wastewater Application
Rate(gallons per day per square foot)
Coarse Sand with percolation rate less than 1 MPI Prohibited
Coarse sand,medium sand 1.2
Fine sand,loamy sand 1 1 to 0.8
Sandy loam,loam,sandy clay loam 0 7 to 0 6
Silt loam 0.5 to 0 4
clay loam,silty clay loam,sandy clay 0.3 to 0.2
TABLE 3
ENGINEERED FILL SPECIFICATIONS
Dry Weight%Passing
I Maximum percentage of particles smaller than 0 053 mm in 5%
diameter(sieve#270).
2. Maximum percentage of particles over 2.0 mm in diameter 20%
3 Sieve Size
3/8 100
4 95-100
10 75-100
16 50-85
30 25-60
50 10-30
100 2-16
200 0-3
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DRAFT
Figure 2 Minimum Depth of Earthen Material
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Fraction of Rock in Earthen Material
Conventional OWTS Supplemental Treatment
DRAFT
(j) Dispersal systems using shallow pressurized dnp or orifice dispersal shall meet the following requirements
(1) the allowed application area shall not exceed four square feet per emitter/orifice.In no case may application areas
overlap or comprise less than one square foot per lineal foot; and
(2) all systems shall be designed and maintained to reduce orifice clogging and root intrusion.
(k) Seepage Pits shall be designed on sidewall area as the infiltrative surface and are allowed where the following
conditions apply
(1) a qualified professional has determined that the site is unsuitable for other types of dispersal systems due to soil
properties or amount of area available at the site;
(2) the bottom of the seepage pit is a minimum of ten feet above seasonal high groundwater level,and
(3) the site meets one of the conditions.
(A) A minimum of ten feet of unsaturated,undisturbed soil exists below the bottom of the seepage pit and above
the seasonal high groundwater level,impervious layer,or bedrock.All strata to a depth of 10 feet below the
pit bottom are free of groundwater in accordance with§30012,or
(B) a seepage pit may have less than 10 feet of unsaturated,undisturbed soil below the bottom of the seepage pit,
but no less than two feet of unsaturated,undisturbed soil,when supplemental treatment components are used
to meet the performance requirements specified in§30013(b),and§30013(c),
(C) a seepage pit may have less than two feet of unsaturated,undisturbed soil beneath the bottom of the seepage
pit when supplemental treatment components are used to meet the performance requirements specified in
§30013(b)and§30013(c)(1).
(1) Evapotranspiration and infiltration(ETI)systems shall be designed such that evapotranspiration and infiltration
exceed the design waste flow combined with a 25-yr return rate precipitation event on an annual,monthly and
seasonal basis.ETI systems shall be operated in a manner that prevents human exposure to wastewater Measures
shall be taken(e.g.,fences,signs,etc)to keep humans,animals and vehicles off the ETI bed.
Authority Cited: CA Water Code§1058, 13291
Reference: CA Water Code§13260 13264 13267 13269 and 13291
ARTICLE 4 PROTECTING IMPAIRED WATER BODIES
§30040. SWRCB—Applicability and Requirements.
This section shall apply to any water body that has been designated as an impaired water body due to nitrogen or pathogens
pursuant to Section 303(d)of the Clean Water Act,but only where a TMDL has been approved that includes a
determination that OWTS contribute to the impairment of the water body
(a) No new OWTS dispersal area shall be constructed or operated within 600 linear feet[in the horizontal(map)direction]
of the edge of the river bank,lake or the mean high tide unless one of the following applies.
(1) where the waterbody is listed as an impaired water body due to nitrogen,OWTS meets the performance
requirements for supplemental treatment contained in§30013(b)and§30013(d).
(2) where the water body is listed as an impaired water body due to pathogens,OWTS meets the performance
requirements for supplemental treatment contained in§30013(b)(1)and§30013(c)or the dispersal field
requirements contained in§30014(c).
(b) Unless modified or exempted pursuant to(c),(d),or(e),an owner of any existing OWTS dispersal area within 600
linear feet[in the horizontal(map)direction]of the edge of the river bank,lake or the mean high tide shall obtain a
report of inspection by a qualified professional within one year of the effective date of these regulations or within one
year after the effective date of a TMDL that includes a determination that OWTS contribute to impairment of the water
body,whichever is later
(1) The inspection shall include but not be limited to
DRAFT
(A) a determination of whether the OWTS is discharging to the surface;
(B) a determination of whether the OWTS complies with the depth to seasonal high groundwater requirements of
this Chapter-
(C) for a water body listed as an impaired water body for pathogens,a determination of whether Escherichia coli
in the OWTS discharge is reaching groundwater;and
(D) for a water body listed as an impaired water body for nitrogen,a determination of whether nitrogen exceeding
10 mg/1 is reaching groundwater;
(2) The OWTS owner shall submit the report of the inspection to the Regional Water Board within 30 calendar days
of the completion of the inspection.
(3) Where a determination is made by a qualified professional that an OWTS discharge of Escherichia coli bacteria or
nitrogen exceeding 10 mg/1 is reaching groundwater,the owner of the OWTS shall have four years following the
date of the determination to meet the applicable requirements of(a).
(4) In the absence of any determination required pursuant to(1)(B),(1)(C)or(1)(1)),the OWTS will be deemed to
contribute to the impairment of the water body,the owner shall have five years after the effective date of the
applicable TMDL to meet the applicable requires of(a).
(c) Adoption or amendment of a TMDL may alter the 600-foot distance requirement or compliance dates in(a)and(b)
(d) This Section does not apply to impaired water bodies where,prior to the effective date of this Chapter,the Regional
Water Board has adopted a TMDL requiring implementation of a wastewater management plan.The wastewater
management plan must include methods to reduce the OWTS pollutant contribution to the impaired water body,a plan
for water quality monitoring,and a program for the repair or replacement of existing OWTS. The wastewater
management plan must be designed to result in either elimination of the impairment or the reduction of the contribution
of OWTS to the impairment.
(e) The requirements contained in this Section shall not apply to OWTS owners who commit by way of a legally binding
document to connect to a centralized wastewater collection and treatment system regulated through WDRs as specified
within the following timeframes.
(1) The owner must sign the document within forty-eight months of the effective date of this Chapter or the effective
date of a TMDL,whichever is later
(2) The specified date for the connection to the centralized community wastewater collection and treatment system
shall not extend beyond nine years following a Regional Water Board determination made pursuant to this Section.
§30040 to §30200 [Reserved for SWRCB]
Conditional Waiver
DRAFT
7STATE OF CALIFORNIA
STATE WATER RESOURCES CONTROL BOARD
DIVISION OF WATER QUALITY
ORDER NO DWQ—20OX—XXX
STATEWIDE WAIVER OF WASTE DISCHARGE REQUIREMENTS FOR DISCHARGES
FROM ONSITE WASTEWATER TREATMENT SYSTEMS
The State Water Resources Control Board (State Water Board) finds that:
1 The State of California(State)has approximately 1.2 million onsite wastewater treatment systems
(OWTS)that discharge waste from residential, commercial, and industrial facilities. Most OWTS
are located in urban fringe and rural areas, although some are within urban areas.
2 Most OWTS consist of a septic tank and a subsurface dispersal field that receives effluent from the
septic tank. The discharge to the area below the dispersal field contains contaminants including
bacteria and viruses (pathogens), and dissolved organic and inorganic compounds, including
nitrates and pharmaceuticals.
3 Pathogens can survive from 20 days to 100 days in unsaturated soil below an OWTS dispersal
field. Once in groundwater, pathogens may travel several hundred feet before becoming inactive
Existing OWTS are not individually monitored to determine whether the discharge from such
systems effectively and significantly reduce pathogens in the effluent prior to eventual discharge to
groundwater
4 Dissolved contaminants including inorganic compounds (chlorides, nitrates, etc) and organic
compounds (pesticides, pharmaceuticals, organic solvents, etc)that are resistant to degradation
and eventually may reach and adversely affect the beneficial use of groundwater
5 Where OWTS are located above a groundwater table, discharge plumes containing dissolved
contaminants from the OWTS may travel in groundwater for hundreds of feet. Such discharge
plumes from OWTS,though somewhat diluted,may exceed drinking water standards for nitrates
for hundreds of feet. The direction of groundwater flow is usually not known, may vary seasonally,
and may be influenced by nearby groundwater pumping.
6 Where OWTS are located above fractured bedrock, discharges containing dissolved contaminants
from OWTS can travel hundreds of feet as undiluted flow in rock fractures in a short time period.
The direction of water flow in rock fractures is difficult, if not impossible, to determine
7 Contaminants from OWTS in groundwater can discharge to surface water bodies, adversely
affecting the beneficial uses of such water bodies.
8 Most local agencies require drinking water wells to be constructed a minimum of 100 feet from
OWTS
9 Within the State there are approximately 600,000 domestic drinking water wells on properties also
using OWTS for waste disposal.
DRAFT
10 Most local agencies do not require sampling and analysis of water from domestic drinking water
wells after a post-construction coliform screening of the wells. Domestic drinking water wells are
not regulated by the State Department of Health Services
11 The State Water Board has conducted sampling of domestic drinking water wells in a variety of
hydrogeologic environments Results have shown that water quality in domestic wells often may be
degraded by surface contaminants.
12 Discharges from OWTS have degraded surface water and groundwater throughout the State As a
result, eight Regional Water Quality Control Boards (Regional Water Boards)have adopted OWTS
discharge prohibitions in specific areas. Eight Regional Water Boards have identified OWTS
discharges as contributing to the pollution of multiple Pacific coast beaches and eleven surface
water bodies designated as impaired pursuant to Section 303(d) of the Federal Water Pollution
Control Act and subsequent analysis through the process of investigating the sources of pollution in
establishing total maximum daily loads of the pollutant of concern.
13 The California Water Code (CWC) section 13260(a)(1)requires that any person discharging waste,
or proposing to discharge waste that could affect the quality of the waters of the State, other than a
discharge into a community wastewater collection system, shall file a report of waste discharge
(ROWD)with the appropriate Regional Water Board.
14 CWC Section 13263 requires that a Regional Water Board prescribe waste discharge requirements
(WDRs) any existing discharge, or any material change in an existing discharge The requirements
must implement any relevant basin plan.
15 CWC section 13269 authorizes the State Water Board to waive the requirement that a discharger
must submit an ROWD pursuant to section 13260 CWC section 13269 also authorizes the State
Water Board to waive the requirement for issuance of WDRs for specific types of discharges where
the State Water Board determines that such a waiver is consistent with any applicable basin plan
and that the waiver is in the public interest.
16 Many local agencies, including most of the 58 counties within the State, have adopted standards or
requirements for OWTS All nine Regional Water Boards have adopted standards or requirements
applicable to OWTS in their water quality control plans (basin plans). CWC §13291 7 allows local
agencies and Regional Water Boards to adopt and retain standards for OWTS that are more
protective of public health or the environment than State Water Board regulations or standards
adopted for the permitting and operation of OWTS
17 A notice was sent to all known interested parties and copies of the proposed Final PEIR were sent
to all responsible agencies.
18 On XXX XX, 200X, in accordance with CEQA(PRC, Section 21000, et seq), the State Water
Board adopted a Mitigated Environmental Impact Report No XXXXX for this Order
19 The State Water Board has notified all known interested agencies and persons of its intent to adopt
this Order for waiving the requirement for owners of OWTS to submit an ROWD and to apply for
or obtain WDRs for OWTS discharges unless otherwise directed by a Regional Water Board. The
DRAFT
State Water Board has provided all known interested parties with an opportunity for a public
hearing and an opportunity to submit comments.
20 The State Water Board, in a public meeting on XXXX XX, 200X, heard and considered all
comments pertaining to this Order
21 Amendments to this Order have been evaluated by the State Water Board in light of the
Environmental Impact Report Just certified and the substantial evidence before the Board, and the
State Water Board finds such amendments to be consistent with the analysis contained therein. The
State Water Board finds that there will be no additional potentially significant environmental
impacts or substantial increase in the severity of previously-disclosed environmental impacts
caused by the amendments to this Order
On Month Date,Year and at,the State Water Board conducted a public meeting and adopted a Final
Programmatic Environmental Impact Report(Final PEIR) for the discharge of OWTS to the
environment. The Final PEIR conforms with the requirements contained in Public Resources Code
Section 21000 et. Seq
IT IS HEREBY ORDERED that:
1 Based upon the findings set forth in this Order and the administrative record for this matter, the
State Water Board adopts this Order waiving the requirement for owners of OWTS to submit
an ROWD and to apply for or obtain WDRs for OWTS discharges unless otherwise directed by
a Regional Water Board. These requirements are waived only if owners of OWTS comply with
the provisions contained in this Order
2 The State Water Board certifies that the Final PEIR with proposed mitigation for OWTS
discharges complies with the California Environmental Quality Act(CEQA) and the CWC for
protection of the environment.
3 The State Water Board,based upon the testimony received at the aforementioned hearing, and
information contained in the Final PEIR, finds that this Order with its attendant requirements
for discharges from OWTS is in the public interest,provided that all dischargers seeking
coverage under this waiver of ROWDs and WDRs.
a. Comply with the conditions for waiver of WDRs as set forth in Sections I through IV,
below; and
b Comply with all applicable State Water Board and Regional Water Boards plans and
policies
4 Any OWTS discharge not specifically described by the categories and conditions set forth in
this Order is expressly prohibited unless authorized by WDRs, or made in compliance with
prerequisites to discharge contained in CWC Section 13264(a)
5 This Order shall not create a vested right and all discharges shall be considered a privilege, as
provided in CWC Section 13263(g)
DRAFT
6 Pursuant to CWC Section 13269, the waiver of WDRs for specific types of discharges provided
for herein. (a) is conditional, (b)may be terminated at any time, (c) does not permit any illegal
activity, (d) does not preclude the need for other permits that may be required by local
governments, (e) and does not preclude the State Water Board or applicable Regional Water
Boards from administering enforcement remedies, as authorized by provisions of the CWC
7 This Order expires on [date five years hence] unless it is re-adopted on or before that date
8 The State Water Board may review this Order at any time and may modify or terminate this
Order in its entirety or for individual discharges, as appropriate
GENERAL REQUIREMENTS
To qualify for coverage under this Order, the OWTS must meet all the criteria below-
1 the OWTS is placed or proposed for placement on a parcel that conforms with the local land use
requirements adopted by the appropriate local agency;
2 the structure to be serviced by the OWTS complies with by the applicable local zoning codes, and
other applicable land use regulations and policies.
I. Definitions
Except as otherwise indicated in this Order, definitions of terms used in this Order shall be those set
forth in Division 7 (commencing with Section 13000) of the Water Code and Chapter 6 5 of Division
20 of the Health and Safety Code (commencing with Section 25 100)
"At-grade system"means an OWTS dispersal system with a discharge point located at the
preconstruction grade (ground surface elevation) The discharge from an at-grade system is always
subsurface
"Basin plan"means the same as "water quality control plan" as defined in Division 7 (commencing
with Section 13000) of the Water Code. Basin plans are adopted by each Regional Water Board,
approved by the SWRCB and the Office of Administrative Law, and identify surface water and
groundwater bodies within each Region's boundaries and establish, for each, its respective
beneficial uses and water quality objectives. Copies are available from the Regional Water Boards.
"Bedrock"means the rock, usually solid, that underlies soil or other unconsolidated, surficial material.
"Certification"means an expression of professional opinion in the form of a certificate, stamp, or
signature that the OWTS, or its components, meets industry standards that are the subject of the
certification,but does not constitute a warranty or guarantee, either express or implied. For
proprietary supplemental treatment systems, certification is a statement that indicates the subject
system has demonstrated performance through an independent, third-party evaluation of
performance data as required in Category B of Section III,but does not constitute a warranty or
guarantee, either express or implied.
DRAFT
"Cesspool"means an excavation in the ground receiving wastewater that is designed to retain the
organic matter and solids, while allowing the liquids to seep into the soil. Cesspools differ from
seepage pits because cesspool systems do not have septic tanks.
"Clay"means a soil particle, the term also refers to a type of soil texture As a soil particle, clay
consists of the individual rock or mineral fragments in soils having diameters <0 002 mm in
diameter As a soil texture, clay is the soil material that is comprised as 40 percent or more clay
particles and not more than 45 percent sand particles and not more than 40 percent silt particles
"Community water supply"means a public water system regulated by the California Department of
Public Health or a local health department.
"Conventional system"means an OWTS consisting of a septic tank and a subsurface dispersal system
septic tank effluent. A gravity subsurface dispersal system may be a leachfield or seepage pit. A
conventional system may include septic tank effluent pumping where the dispersal area is located
at a higher elevation than the associated septic tank or to accomplish uniform distribution. Properly
sited, designed, installed, and operated conventional systems are capable of nearly complete
removal of suspended solids,biodegradable organic compounds, and fecal coliform bacteria.
However, other pollutants may not be removed to acceptable levels. Conventional systems can be
expected to remove no more than 10 to 40% of the total nitrogen compounds (TN) in domestic
wastewater after final soil treatment.
"Dispersal system"means a leachfield, seepage pit,mound, at-grade, subsurface drip field,
evapotranspiration and infiltration bed, or other type of system for final wastewater treatment and
subsurface discharge.
"Domestic wastewater" means the type of wastewater normally discharged from, or similar to, that
discharged from plumbing fixtures, appliances, and other household devices including,but not
limited to toilets,bathtubs, showers, laundry facilities, dishwashing facilities, and garbage
disposals. Domestic wastewater does not include wastewater from industrial processes, water
softener systems, other than inputs considered de minimis(less than 5 percent) wastewater
"Domestic well"means a groundwater well that provides water for human consumption and is not
regulated by the California Department of Public Health.
"Dosing tank"means a watertight receptacle located between an OWTS treatment unit(i.e., septic
tank or supplemental treatment unit) and a dispersal area equipped with an automatic siphon device
or pump designed to discharge wastewater intermittently in the distribution lines in amounts
proportioned to the capacity of such lines and to provide adequate rest periods between such
discharges.
"Earthen material"means a substance composed of the earth's crust(i.e , soil and rock)
"EDF" see electronic deliverable format.
"Effluent"means the wastewater discharged from an OWTS treatment component or any portion
thereof.
DRAFT
"Electronic deliverable format" or"EDF"means the data standard adopted by the SWRCB for
submittal of groundwater quality monitoring data to the SWRCB's internet-accessible database
system.
"Engineered Fill"means soil that meets the criteria in Table 3 in Section III of this Order
"Escherichia coli"means a group of bacteria used as an indicator of fecal contamination.
"ETI" see"evapotranspiration and infiltration bed"
"Evapotranspiration and infiltration (ETI) bed"means a subsurface dispersal bed in which soil
capillarity and root uptake help to disperse the effluent from a septic tank or supplemental
treatment system through surface evaporation, soil absorption, and plant transpiration.
"Existing OWTS"means an OWTS that was either permitted by the applicable local authority or
legally installed before the effective date of this Order
"Fines" are soil particles with a diameter less than 0 05 millimeters. Fines consist of silt or clay sized
particles.
"Gravel-less chamber" system means a buried structure used to create an aggregate-free absorption
area for infiltration and treatment of wastewater
"Grease interceptor"means a passive interceptor that has a rate of flow exceeding 50 gallons-per-
minute and that is located outside a building. Grease interceptors are used for separating and
collecting grease from wastewater
"Groundwater"means water below the land surface that is at or above atmospheric pressure
"High-strength waste"means wastewater having a 30-day average concentration of biochemical
oxygen demand(BOD) greater than 250 mg/L or total suspended solids (TSS) greater than 150
mg/L after the septic tank or other OWTS treatment component and before the dispersal system.
"Impaired Water Bodies"means those surface water bodies or segments thereof that are identified on
a list approved first by the SWRCB and then approved by US EPA pursuant to Section 303(d) of
the federal Clean Water Act.
"Major repair"means any repair required for an OWTS due to surfacing wastewater effluent.
"Memorandum of understanding"(MOU)means a formal agreement between the Regional Water
Board and a local agency The agreement authorizes the local agency to administer the OWTS
discharge program in lieu of direct State regulation of discharges from OWTS
"Mottling"means a soil condition that results from oxidizing or reducing minerals due to soil moisture
changes from saturated to unsaturated over time Mottling is characterized by spots or blotches of
different colors or shades of color(grays and reds) interspersed within the dominant color as
described by the United States Department of Agriculture soil classification system. This soil
condition can be indicative of historic seasonal high groundwater level but the lack of this
condition may not demonstrate the absence of groundwater
DRAFT
"MOU" see "Memorandum of understanding."
"Mound system"means an aboveground dispersal system(covered sand bed with effluent leachfield
elevated above original ground surface inside)used to enhance soil treatment, dispersal, and
absorption of effluent discharged from an OWTS treatment unit such as a septic tank. Mound
systems have a subsurface discharge
"NELAP Accredited"means an accreditation for laboratories issued by a state government program
in which that laboratory resides or through the National Environmental Laboratory Accreditation
Program.
"New lot"means a lot established after the effective date of this Order
"New OWTS"means an OWTS permitted after the effective date of this Order
"Onsite wastewater treatment system(s)" (OWTS)has the same meaning as found in §13290 of the
California Water Code. The short form of the term may be singular or plural.
"Percolation test"means a method of testing the water absorption of the soil. The test is conducted
with clean water and test results are used to establish the dispersal system design.
"Performance requirements"means the maximum allowable concentrations of BOD, TSS, total
nitrogen(TN), and total coliform resulting from the active treatment of domestic wastewater from
an OWTS
"Permit"means a document that allows the installation and use of an OWTS The term refers to any
one of the following:
1 A conditional waiver of waste discharge requirements issued by the SWRCB or a the Regional
Water Board,
2 Waste discharge requirements issued by a Regional Water Board or the SWRCB, or;
3 A document, so named, issued by a local agency that is operating under an MOU or other
agreement with a regional water board or SWRCB pursuant to these regulations.
"Person"means any individual, firm, association, organization, partnership,business trust,
corporation, company, State agency or department, or unit of local government who is, or that is,
subject to these regulations.
"Pollutant"means any substance that alters water quality of the waters of the State to a degree that is
may potentially affect the beneficial uses of water, as listed in a basin plan.
"Pressure distribution"means a type of dispersal system employing a pump or automatic siphon and
distribution piping with small diameter perforations (1/4 of an inch of less) or drip emitters to
introduce effluent into the soil with uniform distribution.
"Qualified professional"means an individual licensed or certified by a State of California agency to
design and construct OWTS, including an individual who possesses a registered environmental
DRAFT
health specialist certificate or is currently licensed as a professional engineer or professional
geologist.
"Record Plan" means the document prepared by either a qualified professional or person authorized to
install in¶(i) of Section II. Record plans detail the"as-built" installation of the OWTS, including
but not limited to final placement of an OWTS its components, sizes and the specifications of
components.
"Replaced OWTS"means an OWTS that has its treatment capacity expanded, or its dispersal system
replaced, after the effective date of this Order "Rock"means any naturally formed aggregate of
one or more minerals (e g., granite, shale, marble), or a body of undifferentiated mineral matter
(e g. obsidian), or of solid organic matter(e.g., coal)that is greater than 0 08 inches (2mm) in size
"Sand"means a soil particle, this term also refers to a type of soil texture As a soil particle, sand
consists of the individual rock or mineral particles in soils having diameters ranging from 0 05 to
2 0 millimeters in diameter As a soil texture, sand is soil that is comprised of 85 percent or more
sand particles,with the percentage of silt plus 1 5 times the percentage of clay particles comprising
less than 15 percent.
"Seepage pit"means a drilled or dug excavation, three to six feet in diameter, either lined or gravel
filled, that receives the effluent discharge from a septic tank or other OWTS treatment unit for
dispersal.
"Septic tank"means a watertight, covered receptacle designed for primary treatment of wastewater
and constructed to
1 Receive wastewater discharged from a building;
2 Separate settleable and floating solids from the liquid,
3 Digest organic matter by anaerobic bacterial action,
4 Store digested solids, and
5 Clarify wastewater for further treatment with final subsurface discharge
"Septic tank effluent"means wastewater discharged from a septic tank.
"Service provider"means a person capable of operating, monitoring, and maintaining an OWTS
consistent with the requirements and responsibilities in¶1 of Section II, ¶g and/or¶h, Category B,
and/or¶f, Category C of Section III, and the O&M manual, or capable of inspecting a septic tank
in accordance with¶w, Section II of this Chapter
"Shallow dispersal system"means a dispersal system designed to apply wastewater at the upper layer
of the soil column using pressure distribution.
"Silt"means a soil particle, this term also refers to a type of soil texture. As a soil particle, silt consists
of the individual rock or mineral particles in soils having diameters ranging from between 0 05 and
0 002 mm in diameter As a soil texture, silt is soil that is comprised as approximately 80 percent
or more sand particles and not more than 12 percent clay particles.
DRAFT
"Site"means the location of the OWTS and, where applicable, a reserve dispersal area capable of
disposing of 100 percent of the design flow from all sources the OWTS is intended to serve
"Site Evaluation"means an assessment of the characteristics of the site sufficient to determine its
suitability for an OWTS to meet the requirements of this Order
"Soil"means the naturally occurring body of porous mineral and organic materials on the land surface,
which is composed of unconsolidated materials, including sand-sized, silt-sized, and clay-sized
particles mixed with varying amounts of larger fragments and organic material. The various
combinations of particles differentiate specific soil textures identified in the soil textural triangle
developed by the United States Department of Agriculture (USDA) as found in Soil Survey Staff,
USDA, Soil Survey Manual, Handbook 18, U S Government Printing Office, Washington, DC,
1993,p 138 For the purposes of this Order, soil shall contain earthen material of particles smaller
than 0 08 inches (2 mm) in size.
"Soil permeability"means a measure of the ability of a soil to transmit liquids.
"Soil texture"means the soil class that describes the relative amount of sand, silt, and clay and
combinations thereof as defined by the classes of the soil textural triangle developed by the USDA
(referenced above)
"Supplemental treatment"means any OWTS or component of an OWTS, except a septic tank or
dosing tank that performs additional wastewater treatment so that the effluent meets the
performance requirements in Section III of this Order prior to discharge of effluent into the
dispersal field.
"Telemetric"means the ability to automatically measure and transmit OWTS data by wire, radio, or
other means.
"TMDL" is the acronym for"total maximum daily load." Section 303(d)(1) of the Clean Water Act
requires each State to establish a TMDL for each impaired water body to address the pollutant(s)
causing the impairment. In California, TMDLs are usually adopted as Basin Plan amendments
"Total coliform"means a group of bacteria consisting of several genera belonging to the family
Enterobacteriaceae, which includes Escherichia coli.
"Waste discharge requirement"of"WDR"means an operation and discharge permit issued for the
discharge of waste pursuant to Section 13260 of the California Water Code
II. General Conditions
(a) New OWTS and replaced OWTS shall be operated to accept and treat flows of domestic
wastewater, excluding any material not generally associated with household activities (including,
but not limited to,toilet flushing, food preparation, laundry,household cleaning including drain
cleaning, and personal hygiene) Additionally, OWTS may be designed and operated to accept
other wastewater from facilities that:
DRAFT
(1) exclude hazardous waste, as defined in Section 66260 of Title 22 of the California Code of
Regulations,
(2) reduce high strength wastewater to below a 30-day average concentration of 250 mg/L BOD
and 150 mg/L TSS in the septic tank effluent and/or prior to discharge to the dispersal system,
or
(3) use waste segregation practices and systems to reduce pollutant concentrations entering the
OWTS to domestic wastewater levels.
(b) New OWTS and replaced OWTS shall be designed to disperse effluent to subsurface soils in a
manner that maximizes unsaturated zone treatment and aerobic decomposition of soluble and
particulate organic compounds and other pollutants in the effluent.
(c) New OWTS shall be designed, operated and maintained in accordance with the requirements in
this Order
(d) The design of all new and replaced OWTS shall be based on the expected influent wastewater
quality, the quantity and characteristics of the site, and the required level of treatment for
protection of water quality and public health.
(e) A qualified professional shall perform all necessary soil and site evaluations for all new OWTS and
for existing OWTS where the treatment or dispersal system will be replaced or expanded.
(f) A qualified professional shall design all new OWTS and existing OWTS where the treatment or
dispersal system will be replaced or expanded. A qualified professional employed by a local
agency while acting in that capacity can review, design, and approve a design for a proposed
conventional OWTS
(g) A Licensed General Engineering Contractor(Class A), General Building Contractor(Class B),
Sanitation System Contractor(Specialty Class C-42), or Plumbing Contractor(Specialty Class C-
36) shall install all new OWTS and replaced OWTS in accordance with California Business and
Professions Code Section 7056, 7057, and 7058 and Article 3,Division 8, Title 16 of the California
Code of Regulations A property owner may install his/her own OWTS if the as-built diagram and
the installation are inspected and approved by the Regional Water Board or authorized local agency
at a time when the OWTS is in an open condition (not covered by soil and exposed for inspection)
(h) Materials in concentrations that are deleterious and inhibiting to OWTS operations shall not be
discharged to an OWTS Deleterious and inhibiting materials include the following:
(1) any biocide, or
(2) all products and matters defined in Chapter 41, Division 4.5, Title 22 in the California Code of
Regulations.
(i) The owner of any site on which a new OWTS or replaced OWTS is located shall have an operation
and maintenance (O&M) manual prepared by a qualified professional. O&M manuals shall
include, at a minimum.
DRAFT
(1) the name, address, telephone number, business and professional license number of the OWTS
designer;
(2) the name, address, telephone number,business and professional license number, where
applicable, of the OWTS installer;
(3)the name, address, and telephone number of the service provider that maintains any
supplemental treatment system,
(4) instructions for proper operation and maintenance and a protocol for assessing of performance
of the OWTS,
(5) the Record Plan with a certification that the dispersal system meets all applicable requirements
contained in subsection (a), Category C of Section III of this Order;
(6) the design flow and performance requirements for the OWTS,
(7) a list of types of substances that could impair performance if discharged to the OWTS,
including those applicable to¶h,
(8) a list of types of substances that could cause a condition of pollution or nuisance if discharged
to the OWTS, including but not limited to pharmaceutical drugs and water softener
regeneration brines, and
(9) a copy of the SWRCB or Regional Water Board waiver or waste discharge requirements
applicable to the system.
(j) Each owner of a new OWTS with supplemental treatment components or existing OWTS with
supplemental treatment components (see Category B of Section III) shall maintain, in addition to
the O&M manual and record plan, a contract with a service provider to ensure that the OWTS is
operated, maintained, and monitored as designed.
(k) The owner shall retain a Record Plan and an O&M manual for any new or replaced OWTS upon
completion of an OWTS installation. Upon the sale of the site, it is the obligation of the owner of
the site to provide the buyer, through escrow or otherwise, with a complete copy of the O&M
manual and record plan for the OWTS at the site
(1) The owner shall retain all inspection records pertaining to their OWTS for a minimum of five
years.
(m)Cesspools shall not be used for new or replaced OWTS
(n) All new septic tanks, replaced septic tanks, and new or replaced grease interceptor tanks shall
comply with the standards contained in Sections K5(b), K5(c), K5(d), K5(e), K5(k), K5(m)(1), and
K5(m)(3)(ii) of Appendix K, of Part 5, Title 24 in the 2007 California Code of Regulations
(o) All new septic tanks shall meet the following requirements
DRAFT
1 Access openings shall have watertight risers and shall be set within 6 inches of finished grade;
and
2 Access openings shall be secured to prevent unauthorized access.
(p) The installation of prefabricated septic tanks shall be limited to those approved by the International
Association of Plumbing and Mechanical Officials (IAPMO) and their installation shall be installed
according to the manufacturer's instructions If IAPMO certified tanks are not available locally,
other prefabricated tanks may be allowed only if they comply with¶q below;
(q) New non-prefabricated tanks or prefabricated tanks not certified by IAPMO shall be installed only
after the design is stamped and certified by a California registered civil engineer as meeting the
industry standards necessary to comply with these requirements,
(r) New and replaced OWTS septic tanks shall be designed to prevent solids in excess of three-
sixteenths (3/16) of an inch in diameter from passing to the dispersal system. Septic tanks that use a
National Sanitation Foundation/American National Standard Institute (NSF/ANSI) Standard 46
certified septic tank filter at the final point of effluent discharge from the OWTS and prior to the
dispersal system shall be deemed in compliance with this requirement. All documentation received
as a result maintenance on effluent filters shall be retained for five years
(s) OWTS owners with an onsite domestic well on their property must monitor groundwater by
sampling and analyzing water from.
(1) a monitoring well designed to measure the effect of the OWTS discharge, located down-
gradient and within 100 feet of the OWTS dispersal system. For existing OWTS with domestic
wells, sampling shall take place within 5 years of the effective date of this Order and no less
than every fifth year thereafter For new OWTS with domestic wells, sampling shall take place
within 30 days following the installation of the new OWTS and every fifth year thereafter For
both new and existing OWTS, samples shall not be taken earlier than six months prior to the
end of every five year sampling period., or
(2) an existing onsite domestic well on the property For existing OWTS with domestic wells,
sampling shall take place within 5 years of the effective data of this Order and no less than once
every fifth year thereafter For new OWTS with a domestic well, sampling shall be conducted
within 30 days following the installation of a new OWTS and no less than once every fifth year
thereafter For both new and existing OWTS, samples shall not be taken earlier than six months
prior to the end of every five year sampling period.
Groundwater analyses shall be conducted in accordance with¶(t) Existing OWTS installations
shall be exempt from this requirement if the facility that the OWTS serves is provided water from a
community water supply system.
(t) The owner or owner's authorized representative shall collect groundwater samples collected
pursuant to¶(s) and shall have them analyzed by a laboratory certified by the Department of Health
Services The laboratory shall be capable of producing laboratory results in EDF format. The
groundwater samples shall be analyzed for the following: calcium(Ca), magnesium(Mg), sodium
(Na),potassium(K), iron(Fe),manganese (Mn), zinc (Zn), sulfate(SO,), chloride (Cl),nitrate
DRAFT
(NO,), nitrite (NO,), fluoride(F), TDS, hardness (as CaCO3), total alkalinity(as CaCO3),carbonate
(CO,), bicarbonate(HCO,), MBAS (methylene blue active substances),pH and total coliform. If a
sample tests positive for total coliforms, the sample shall be analyzed for Escherichia coli bacteria.
The name of the site owner, the site address and the laboratory results shall be transmitted to the
SWRCB in EDF format. The names and addresses of owners of tested domestic wells shall not be
released.
(u) Any person owning a septic tank shall obtain a report from a service provider a minimum of once
every five years The inspection report shall verify that the level of settleable solids and/or floatable
solids do not impair the performance of the septic tank. It is recommended that septic tanks be
pumped if the sum of the scum depth and sludge depth exceeds 25% of the septic tank depth as
measured from the water line to the bottom of the tank.
(v) The SWRCB recommends that the regenerating saline backwash from water softeners not be
discharged either to the OWTS or to the ground in any manner
(W)Surfacing effluent is prohibited. In cases of violation of this prohibition, a mayor repair shall be
conducted by a service provider or qualified professional. Such corrective action shall be
commenced within 30 days of reported violation, and must be completed within 90 days. The
Regional Board may exempt a property from the 90-day requirement and extend the time frame,
but such exemptions shall not extend beyond 180 days.
III Category-Specific Conditions for New OWTS
All new OWTS shall comply with Category A, Section III requirements and each specific requirement
within the subsequent categories where the OWTS contains the component that is addressed in that
subsection.
Category A. Depth to Groundwater Determination Requirements for New OWTS
(a) A site evaluation shall be conducted by a qualified professional to determine the depth to the
seasonal high groundwater unless the seasonal high groundwater level at the site has previously
been determined to be greater than 10 feet below the ground surface Such a finding may be based
upon the following sources previous evaluations or studies, or well driller information.
(b) Soil mottling observed during the site evaluation by a qualified professional may be used to
determine the seasonal high groundwater level. Where soil redoximorphic observations cannot be
made or lead to unreliable conclusions, a qualified professional shall use the following protocols to
determine seasonal high groundwater prior to design and installation of an OWTS
(1) To measure depth to seasonal high groundwater, a groundwater level monitoring well shall be
installed to a minimum depth of ten feet in the vicinity of a proposed wastewater dispersal
system. If an impermeable layer is present at a depth of less than ten feet below the ground
surface, the depth of the groundwater level monitoring well shall be decreased to the depth of
the impermeable layer
DRAFT
(2) For OWTS serving facilities other than single family homes, the SWRCB or Regional Water
Board shall determine the number and depth of groundwater level monitoring wells Such
determinations by the regional board shall supercede the depth requirements in¶b(1) of this
Order
(3) Measurements of depth to seasonal high groundwater shall be conducted between November 1
and April 1 unless otherwise specified by a Regional Water Board. Groundwater levels shall be
measured continuously using a piezometer to record the seasonal high groundwater level. The
piezometer may be a float device that mechanically or electronically records the highest water
level.
(4) For areas that are subject to special circumstances such as seasonal high groundwater caused by
snowmelt or irrigation,measurements to determine the annual high groundwater level shall be
measured in the same manner as specified in¶b(3) above.
(5) The Regional Water Board may exempt sites or areas from this Section where an alternative
protocol for determining seasonal high ground water is established in the basin plan.
Category B New OWTS with Supplemental Treatment Components
(a) Local agencies or the Regional Water Board may require supplemental treatment systems for any
existing or new OWTS where treatment is needed to mitigate for insufficient soil depths or to
provide for protection of the water quality and public health, as deemed necessary Required soil
depths are set forth in §24914(c) for a conventional system or §24914(d) for a dispersal system
with supplemental treatment components
(b) Supplemental treatment components, other than for disinfection or nitrogen reduction, shall be
designed to reduce biochemical oxygen demand(BOD)and total suspended solids (TSS)
concentrations. Supplemental treatment components, other than for disinfection or nitrogen
reduction, shall produce an effluent that meets all of the following requirements
(1) The 30-day average carbonaceous BOD (CBOD) concentration shall not exceed 25 milligrams
per liter(mg/L), or alternately, a 30-day BOD in excess of 30 mg/L, and
(2) The 30-day average TSS concentration shall not exceed 30 mg/L
(c) Supplemental treatment components designed to perform disinfection shall provide sufficient
pretreatment of the wastewater so that effluent does not exceed a 30-day average TSS of 10 mg/L
and shall further achieve an effluent total coliform bacteria concentration, at the 95 percentile, no
greater-than either of the following:
(1) 10 Most Probable Number per 100 milliliters prior to discharge into a dispersal field where the
soils exhibit percolation rates between 1 and 10 minutes per inch(MPI) or where the soil
texture is sand, or
DRAFT
(2) 1000 MPN per 100 milliliters prior to discharge into a dispersal field where the soils exhibit
percolation rates greater than 10 MPI or consist of a soil texture other than sand.
(d) Effluent from supplemental treatment components designed to reduce nitrogen shall not exceed a
30-day average TN concentration of 10 mg/L as nitrogen.
(e) Before the installation of any proprietary supplemental treatment OWTS, all such treatment
components shall be tested by an independent third party testing laboratory The independent third
party laboratory shall certify that the type of system being installed and its components are capable
of reliably meeting applicable performance requirements when installed according to design and
manufacturer specifications,based upon the results from the testing protocol. The testing protocol
shall include but is not limited to¶1 thru¶5 below-
(1) A testing duration of not less than six continuous months,
(2) the minimum number of sample days shall not be less than 96 days,
(3) All samples shall be analyzed by a NELAP accredited laboratory
(4) The wastewater used for testing shall consist primarily of municipal or domestic wastewater
and shall have concentrations in the following ranges
(A)BOD 125 milligrams per liter or greater;
(B)TSS 125 milligrams per liter or greater;
(C)TN(as N) 50 milligrams per liter or greater;
(D)total coliform bacteria. 1 X 106 MPN/100 ml or greater; and
(E)alkalinity(as CaCO3) 50 mg/L or greater;
(5) Hydraulic and organic design loading shall be varied during the test to simulate OWTS
operational stress at different levels of use, including all of the following:
(A)regular daily use,where the following daily wastewater flow regime entering the
supplemental treatment system is as follows.
i) approximately 35% of the daily wastewater design flow enters the OWTS from 6.00
a.m. to 9.00 a.m.
ii) approximately 25% of the daily wastewater design flow enters the OWTS from 11.00
a.m. to 2 00 p.m.
iii) approximately 40% of the daily wastewater design flow enters the OWTS from 5.00
P.M. to 8 00 p.m.,
(B)vacation(e g., one week rest))no sooner that two weeks after testing commencement and
no later that two weeks before test termination.
DRAFT
(6) Testing of supplemental treatment components to comply with the performance requirements
of b, (c), and(d) shall be conducted with the following minimum detection limits listed in
Table 1
TABLE 1
DETECTION LIMITS FOR WASTEWATER CONSTITUENTS
Parameter Detection Limit
BOD 2 mg/L
TSS 5 mg/L
Total Coliform 2.2 MPN
Total Nitrogen 1 mg/L
(f) The ongoing monitoring of supplemental treatment components designed to meet the performance
requirements of(b), (c) or(d) shall be monitored in accordance with the operation and maintenance
manual for the OWTS or more frequently as required by the Regional Water Board.
(g) OWTS with supplemental treatment components shall be equipped with a visual or audible alarm
as well as a telemetric alarm that notifies the owner and service provider in the event of system
malfunction. OWTS using supplemental treatment shall, at a minimum,provide for 24-hour
wastewater storage as a means to minimize pollution from overflow discharge due to system
malfunction or power outage.
(h) OWTS designed to meet the disinfection performance requirements outlined in (c) shall be
inspected for proper operation weekly by a service provider unless a telemetric monitoring system
is capable of continuously assessing the operation of the disinfection system. Testing of effluent
from supplemental treatment components that perform disinfection shall be conducted quarterly
based on analysis of total coliform with a minimum detection limit of 2.2 MPN Effluent samples
shall be taken by service provider under contract and analyzed by a California Department of
Health Services certified laboratory
Category C Dispersal Systems for New OWTS
Any dispersal system that is part of a new OWTS shall meet the following requirements
(a) Dispersal systems shall be designed and installed at the shallowest practicable depth to maximize
elements critical to effective treatment of effluent in the soil. Elements critical to effective
treatment include oxygen transfer, biological treatment, evapotranspiration and vegetative uptake
of nutrients.
(b) Dispersal systems, except for those addressed under seepage pits (k) and gravel-less chambers (i),
shall be designed using only the bottom area of the dispersal system as the infiltrative surface The
DRAFT
infiltrative surface shall be sized using the design application rates contained in either Table 2 or
Figure 1
(c) Dispersal systems of all conventional OWTS shall have at least three feet of continuous
unsaturated,undisturbed, earthen material with less than 30 percent of that material by weight
containing mineral particles in excess of 0 08 inches (2 mm) in size (i.e rock)between the bottom
of the dispersal system and the top of seasonal high groundwater level, impermeable strata, or
bedrock, whichever of these three, if present,has the highest elevation. Where greater than 30
percent of the undisturbed earthen material exceeds 0 08 inches (2 mm) in size by weight,pressure
distribution shall be used to disperse the OWTS effluent and either of the following shall apply-
(1) the minimum depth of undisturbed earthen material required shall be determined using Figure
2, or
(2) the application rate as shown in Table 2 or Figure 1 shall be reduced by the same percentage as
that of the earthen materials in excess of 0 08 inches (2 mm) at the dispersal area.
(d) Dispersal systems of all OWTS with supplemental treatment components shall have at all times
during operation at least two feet of continuous unsaturated, undisturbed, earthen material with less
than 30 percent of that material consisting of mineral particles in excess of 0 08 inches (2 mm) in
size (i.e rock)between the bottom of the dispersal system and the top of seasonal high
groundwater level, impermeable strata, or bedrock, whichever of these three, if present, has the
highest elevation. Where greater than 30 percent of the undisturbed earthen material exceeds 0 08
inches (2 mm) in size,pressure distribution shall be used to disperse the OWTS effluent and either
of the following shall apply-
(1) the minimum depth of undisturbed earthen material required shall be determined using Figure
2, or
(2) the application rate as shown in Table 2 or Figure 1 shall be reduced by the same percentage
(by weight)as that of the earthen materials in excess of 0 08 inches (2 mm) at the dispersal
area.
(e) Where undisturbed earthen material has insufficient depth to satisfy the minimum depth
requirements in (c) or(d), engineered fill as defined herein may be added to existing site soils so
that the site exceeds those specified soil depth requirements Engineered fill (i.e , sand or crushed
glass) shall meet the specifications contained in Table 3 Engineered fill shall compensate for the
lack of in-place earthen material at a 1 5 to 1 basis so that a one foot deficiency in the soil column
depth would require one and one half of a feet of engineered fill material. A pressure distribution
system is required where engineered fill is used to comply with the minimum earthen material
depth requirements. In no case shall engineered fill comprise more than one foot of the minimum
native soil depth requirements in(c) or(d)
(f) Conventional OWTS dispersal systems in which pumps are used to move effluent from the septic
tank to the dispersal system shall be equipped with one of the following: a visual, audible, or a
telemetric alarm that alerts the owner or service provider in the event of pump failure All pump
systems shall, at a minimum, provide for storage in the pump chamber during a 24-hour power
outage or pump failure and shall not allow an emergency overflow discharge
N
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DRAFT
Figure 2 Minimum Depth of Earthen Material
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1
01 0.2 0.29 03 035 04 045 05 055 06 065 07 075 0.8 085 09 095 097
Fraction of Rock in Earthen Material
C'nnventinnnl gnnnlementnl
DRAFT
TABLE 2
DESIGN INFILTRATIVE SURFACE APPLICATION RATES
USDA Soil Texture Classification Maximum Wastewater
Application Rate (gallons per
day per square foot)
Coarse Sand with percolation rate less than 1 MPI Prohibited
Coarse sand, medium sand 1.2
Fine sand, loamy sand 1 1 to 0 8
Sandy loam, loam, sandy clay loam 0 7 to 0 6
Silt loam 0 5 to 0 4
clay loam, silty clay loam, sandy clay 0.3 to 0.2
TABLE 3
ENGINEERED FILL SPECIFICATIONS
1 Maximum Percent particles smaller than 0 053 mm in 5%
diameter(sieve#270)
2 Maximum Percent particles over 2 0 mm. In diameter 20%
3 Sieve Size Dry Weight%Passing
3/8 100
4 95-100
10 75-100
16 50-85
30 25-60
50 10-30
100 2-16
200 0-3
DRAFT
(g) All dispersal systems shall have at least six (6) inches of soil cover
(h) In no case shall a vehicle drive or be placed over the dispersal system.
(i) Gravel-less chambers shall meet the requirement for conventional dispersal systems contained in
(c) and(d) The infiltrative surface shall be sized using the area beneath the open portion of the
chamber(not including area beneath the base of support or outside the chamber) and using the
design application rates contained in either Table 2 or Figure 1 The design infiltrative surface area
of such a system may be reduced to no less than seventy percent (70%) of the area required for a
conventional dispersal system.
(j) Dispersal systems using shallow pressurized drip or orifice dispersal shall meet the following
requirements.
(1) The allowed application area shall not exceed four square foot per emitter/orifice In no case
may application areas overlap or comprise less than one square foot per lineal foot.
(2) All systems shall be designed and maintained to reduce orifice clogging and root intrusion.
(k) Seepage Pits shall be designed on sidewall area as the infiltrative surface and are allowed where the
following conditions apply-
(1) a qualified professional has determined that the site is unsuitable for other types of dispersal
systems due to soil properties or amount of area available at the site,
(2) the bottom of the seepage pit is a minimum of ten feet above seasonal high groundwater level,
and
(3) the site meets one of the conditions
(A)A minimum of ten feet of soil below the bottom of the seepage pit and above the seasonal
high groundwater level, impervious layer, or bedrock. All strata to a depth of 10 feet below
the pit bottom are free of groundwater in accordance with Category A. Depth to
Groundwater Determination Requirements of this Section of this Order, or
(B)When an OWTS has supplemental treatment components designed to meet the performance
requirements specified in Category B(b) and Category B of this Order(c), and these
requirements are met, a seepage pit may have less than 10 feet of soil below the bottom of
the seepage pit,but no less than two feet of soil, or
(C)When an OWTS has supplemental treatment components designed to meet the performance
requirements specified in Category B(b) and Category B (c)(1)of this Order, a seepage pit
may have less than two feet of soil beneath the bottom of the seepage pit.
(1) Evapotranspiration and infiltration (ETI) systems shall be designed such that evaporation and
infiltration exceed the design waste flow combined with a 25-yr return rate precipitation event on
an annual, monthly, and seasonal basis. ETI systems shall be operated in a manner that prevents
DRAFT
human exposure to wastewater Measures shall be taken (e.g. fences, signs, etc)to keep humans,
animals and vehicles off the ETI bed.
IV PROTECTING IMPAIRED WATER BODIES
This section shall apply to any water body that has been designated as impaired due to nitrogen or
pathogens pursuant to Section 303(d) of the Clean Water Act but only where a TMDL has been
approved that includes a determination that OWTS contribute to the impairment of the water body
(a) No new OWTS dispersal area shall be constructed or operated within 600 linear feet [in the
horizontal(map) direction] of the edge of the river bank, lake, or the mean high tide unless one of
the following applies
(1) where the waterbody is listed as impaired due to nitrogen, OWTS meets the performance
requirements for supplemental treatment contained in¶b and¶d of Category B in this Order ,
and/or
(2) where the water body is listed as impaired due to pathogens, OWTS meets the performance
requirements for supplemental treatment contained in¶b(1) and¶c of Category B or¶c of
Category C in this Order
(b) Unless modified or exempted pursuant to (c) or(d), or(e), owners of existing OWTS dispersal area
within 600 linear feet [in the horizontal (map) direction] of the edge of the river, lake or mean high
tide shall obtain a report of inspection by a qualified professional within one year of the effective
date of these regulations or within one year after the effective date of a TMDL that includes a
determination that OWTS contribute to impairment of the water body, whichever is later
(1) The inspection shall include but not be limited to
(A)a determination of whether the OWTS is discharging to the surface,
(B)a determmation of whether the OWTS complies with the depth to seasonal high
groundwater requirements of this Chapter;
(C)for a water body impaired for pathogens, a determination of whether Escherichia colt in the
OWTS discharge is reaching groundwater; and
(D)for a water body impaired for nitrogen, a determination of whether nitrogen exceeding 10
mg/l is reaching groundwater;
(E)In the absence of any determination required pursuant to (B), (C) or(D), the OWTS will be
deemed to contribute to the impairment of the water body
(2) The OWTS owner shall submit the report of the inspection to the Regional Water Board within
30 calendar days of the completion of the inspection.
(3) Where a determination is made by a qualified professional that an OWTS discharge of
Escherichia coli bacteria or nitrogen exceeding 10 mg/l is reaching groundwater, the owner of
DRAFT
the OWTS shall have four years following the date of the determination to meet the applicable
requirements of(a)
(c) Adoption or amendment of a TMDL may alter the 600-foot distance requirement or compliance
dates in(a) and(b)
(d) This Section does not apply to impaired waters where, prior to the effective date of this Chapter,
the Regional Water Board has adopted a TMDL requiring implementation of a wastewater
management plan. The wastewater management plan must include methods to reduce the OWTS
pollutant contribution to the impaired water body, a plan for water quality monitoring, and a
program for the repair or replacement of existing OWTS The wastewater management plan must
be designed to result in either elimination of the impairment or the reduction of the contribution of
OWTS to the impairment.
(e) The requirements contained in this Section shall not apply to OWTS owners who commit by way
of a legally binding document to connect to a centralized wastewater collection and treatment
system regulated through WDRs as specified within the following timeframes
(1) The owner must sign the document within forty-eight months of the effective date of this
Chapter or the effective date of a TMDL,whichever is later
(2) The specified date for the connection to the centralized community wastewater collection and
treatment system shall not extend beyond nine years following a Regional Water Board
determination made pursuant to this Section.
I, Clerk to the State Water Board, do hereby certify that the foregoing is a full, true, and correct copy
of a Resolution adopted by the State Water Resources Control Board on Month,Day,Year
ITEM NUMBER C-3
DATE 01/13/09
S I,s,s' r r ie7e
, CAD r,!
i
A tascadero City Council
Staff Report - City Manager's Office
Review of Accomplishments and Challenges in Preparation for
City Council Strategic Planning
RECOMMENDATIONS-
Council
1 Review and comment on a presentation of the City's accomplishments,
challenges, and finances in preparation for City Council Strategic Planning, and,
2 Recommend topics for strategic planning agenda.
DISCUSSION
Background The City utilizes a Strategic Planning approach to focus resources,
establish priorities, direct the City's work product and to create a two-year budget. The
Strategic Plan is developed through a series of Council, community and staff meetings
The City Council Strategic Planning workshop will be held Wednesday and Thursday,
January 28 and 29, 2009, in the City Council Chambers
The Strategic Planning workshop provides a unique opportunity for the City Council to
discuss its working relationship with Staff and among each other, and to deliberate on a
variety of complex issues facing the community It is a careful balance of public input,
team building and problem solving in a compact time period The workshop focuses on
Council discussion so that the community and Staff can hear and understand the
preferences and directions of the City Council
Analysis Despite the City's ongoing financial and operational challenges, the staff
continues to accomplish many things Service levels, despite a strain on staff, continue
to be consistent. However, as finances continue to tighten, service levels will be
impacted In preparation for strategic planning discussions, Staff will provide an
overview, by operational department, of the achievements of the past year and the
challenges looking ahead Additionally, the staff will present a brief financial overview
and benchmark the City's financial condition to other cities in the County
ITEM NUMBER C-3
DATE. 01/13/09
Conclusion. This meeting provides an opportunity for the community to raise or
comment on issues that may be discussed by the City Council at the Strategic Planning
workshop There are likely more issues of interest than time available, and the Council
will have an opportunity at the workshop to prioritize the issues for discussion
FISCAL IMPACT
None
i9is 1979 CITY OF ATASCADERO
ATASCADERO PUBLIC FINANCING
AUTHORITY
(The Public Financing Authority (PFA) is a public corporation empowered to borrow
money and issue bonds The City of Atascadero formed the PFA in 2004 to assist in
raising capital for essential public projects )
AGENDA
Tuesday, January 13, 2009
Time. Immediately Following City Council meeting
that follows Community Redevelopment Agency
meeting at 6 00 P.M
Atascadero City Hall
6907 EI Camino Real, Atascadero, California
ROLL CALL. Chairperson Beraud
Vice Chairperson Fonzi
Board Member Clay
Board Member Kelley
Board Member O'Malley
APPROVAL OF AGENDA. Roll Call
COMMUNITY FORUM
BOARD ANNOUNCEMENTS AND REPORTS (On their own initiative, the
Board Members may make a brief announcement or a brief report on their own
activities Board 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 Board may take action on items listed on the Agenda.)
A. CONSENT CALENDAR
1 Board Meeting Minutes —January 8, 2008
■ Board Secretary Recommendation. Board approve the Authority Board
meeting minutes of January 8, 2008 [Board Secretary]
B ADJOURNMENT
ITEM NUMBER PFA A- 11
DATE. 01/13/09
:v
107-9
191 /9 CITY OF ATASCADERO
ATASCADERO PUBLIC FINANCING
AUTHORITY
DRAFT MINUTES
Tuesday, January 8, 2008
Time. Immediately Following Community Redevelopment
Agency meeting that starts at 6 30 P M
Chairperson Luna called the meeting to order at 6 55 p m
ROLL CALL
Present: Board Members B6raud, Clay, O'Malley, Brennler and Chairperson
Luna
Absent. None
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson
and Deputy City Clerk Grace Pucci
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Administrative Services Director Rachelle Rickard, Community
Development Director Warren Frace, Community Services Director
Brady Cherry, Police Chief Jim Mulhall, Fire Chief Kurt Stone and
City Attorney Brian Pierik.
APPROVAL OF AGENDA.
MOTION By Board Member Beraud and seconded by Board Member
Clay to approve the agenda.
Motion passed 5.0 by a roll-call vote.
PFA Draft Minutes 01/08/08
Page 1 of 2
ITEM NUMBER PFA A- 1
DATE 01/13/09
COMMUNITY FORUM
None
BOARD ANNOUNCEMENTS AND REPORTS
None
A. CONSENT CALENDAR
1 Board Meetinq Minutes — January 9, 2007
■ Board Secretary Recommendation. Board approve the Authority Board
meeting minutes of January 9, 2007 [Board Secretary]
MOTION By Board Member Beraud and seconded by Vice Chairperson
Brennler to approve Item #A-1
Motion passed 5.0 by a roll-call vote.
B ADJOURNMENT
Chairperson Luna adjourned the meeting at 7 00 p m
MINUTES PREPARED BY
Marcia McClure Torgerson, C M C , City Clerk
PFA Draft Minutes 01/08/08
Page 2 of 2