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HomeMy WebLinkAboutAgenda Packet 102808 rp���,' P r 11 ' CITY OF ATASCADERO '� r . :11970 ` CITY I T COUNCIL AGENDA Tuesday, October 28, 2008 Redevelopment Agency- 6.00 P M City Council Regular Session Immediately following the conclusion of the Redevelopment Agency meeting City Hall Council Chambers 6907 EI Camino Real, Atascadero, California REDEVELOPMENT AGENCY 6 00 P M REGULAR SESSION Immediately following the conclusion of the Redevelopment Agency meeting PLEDGE OF ALLEGIANCE Mayor Brennier 1 ROLL CALL. Mayor Brennler Mayor ProTem Beraud Council Member Clay Council Member Luna 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 Draft Minutes — September 9, 2008 ■ Recommendation. Council approve the City Council Special Meeting Minutes of September 9, 2008 [City Clerk] 2. City Council Draft Minutes — September 23, 2008 ■ Recommendation. Council approve the City Council Meeting Minutes of September 23, 2008 [City Clerk] 3. Qualified Firms List - Engineering Services ■ Fiscal Impact: The costs of Engineering Services are billed directly to the capital project accounts ■ Recommendation. Council authorize the City Manager to enter into ongoing contracts for contract engineering services with firms on the "General Engineering Services Qualified Firms List." [Public Works] 4. Consideration of Request from the Atascadero Main Street (AMS) - Permission to Install Brackets and Banners in the Downtown ■ Fiscal Impact: None ■ Recommendations. Council 1 Approve the request from Atascadero Main Street (AMS) to grant them permission to install brackets and banners on the streetlight poles in the Downtown in the locations designated on the attached map, and, 2 2 Direct staff to have the Community Redevelopment Agency of Atascadero pay the required fee for the Administrative Use Permit. [City Manager] 5 Temporary Road Closure — Atascadero Main Street - Winter Wonderland ■ Fiscal Impact: $220 00 for the installation of Road Closed signs by Public Works Staff ■ Recommendation. Council approve a request by Atascadero Main Street for road closures for Winter Wonderland on December 12, 2008 [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. ,%W C MANAGEMENT REPORTS 1 Central Coast Regional Water (duality Control Board Stormwater Management Plan (SWMP) Update ■ Fiscal Impact: None ■ Recommendation. Council receive and file this report [Public Works] 2. Campaign Ordinance (Continued from 10/14/08 Council Meetin_g) ■ 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. If Council desires to adopt this campaign ordinance Council introduce for first 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] 3 3. Human Services Grants ■ Description Approval of the distribution of $20,000 in grant funds to assist local service providers that have a profound impact on the community ■ Fiscal Impact: The program is budgeted at $20,000 ■ Recommendation. Council approve Human Services Grants to the Agencies and in the amounts recommended by the Finance Committee in Attachment A. [City Manager] 4. Proposed Urgency Ordinance and A Regular Ordinance Pertaining to Summary Nuisance Abatement Procedures ■ 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 ■ Recommendations. Council 1) Adopt the Draft Urgency Ordinance amending Section 9-8 107 of Title 9, Chapter 8 of the Atascadero Municipal code pertaining to summary nuisance abatement procedures AND 2) Introduce for first 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 Affordable Housing Funds Policy— PLN 2007-1266 (City of Atascadero) ■ Fiscal Impact: None ■ Recommendation. Council adopt the Draft Resolution, approving the City of Atascadero Affordable Housing Funds Policy with attached Affordable Housing Participation Checklist. [Community Development] COUNCIL ANNOUNCEMENTS AND REPORTS (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) D COMMITTEE REPORTS (The following represent standing committees Informative status reports will be given, as felt necessary) Mayor Brennler 1 County Mayors Round Table 2 Air Pollution Control District (APCD) 3 Finance Committee *4104 4 Mayor Pro Tem Beraud 1 Integrated Waste Management Authority (IWMA) 2 City/ Schools Committee Council Member Clay 1 City/ Schools Committee 2 Atascadero Youth Task Force Council Member Luna 1 Finance Committee Council Member O'Malley 1 S L.O Council of Governments (SLOCOG) 2 S L.O Regional Transit Authority (SLORTA) 3 Economic Vitality Corporation, Board of Directors (EVC) 4 League of California Cities — Council Liaison and CITIPAC Board Member E. INDIVIDUAL DETERMINATION AND/OR ACTION 1 City Council 2 City Clerk Parks and Recreation Commission Youth Representative — need two Council Members appointed for interview 3 City Treasurer 4 City Attorney 5 City Manager a. Commission Attendance Report F ADJOURNMENT Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the October 28, 2008 Regular Session of the Atascadero City Council was posted on October 22, 2008 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 22nd day of October, 2008 at Atascadero, California. Victoria Randall, Deputy City Clerk City of Atascadero 5 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m unless there is a Community Redevelopment Agency meeting commencing at 6,00 p.m in which event the Council meeting will commence immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held at the City Hall Council Chambers, 6907 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) 6 ITEM NUMBER A- 1 DATE. 10/28/08 u =8 CITY OF ATASCA DERO CITY COUNCIL DRAFT MINUTES Tuesday, September 9, 2008 - 6:00 p.m. REGULAR SESSION- 6.00 P.M. Mayor Pro Tem Beraud called the meeting to order at 6.00 p m and lead the Pledge of Allegiance ROLL CALL Present: Council Members Luna, Clay, O'Malley, Mayor Pro Tem Beraud Absent: 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, Community Development Director Warren Frace, Public Works Director Steve Kahn, Police Chief Jim Mulhall, and City Attorney Brian Pierik. APPROVAL OF AGENDA. MOTION By Council Member Luna and seconded by Council Member Clay to approve the agenda. Motion passed 4:0 by a roll-call vote. CC Draft Minutes 06/10/08 Page 1 of 11 7 ITEM NUMBER A- 1 DATE. 10/28/08 PRESENTATIONS 1 Recognition of Steven B Kahn, City Engineer/ Director of Public Works, for his years of service to the City of Atascadero A. CONSENT CALENDAR 1 City Council Draft Minutes — May 27, 2008 ■ Recommendation. Council approve the City Council Meeting Minutes of May 27, 2008 [City Clerk] 2. Observance of Veterans Day - Proposed Cancellation of City Council Meeting on November 11, 2008 ■ Fiscal Impact: None ■ Recommendation. Council authorize staff to, cancel the City Council meeting of November 11, 2008, as it i�-'8 natu r al.Widay, noting the next regularly scheduled meeting will be on November 25;2008 [City Clerk] 3. Atascadero Creek Reservation No. 3 - Acceptance of Quitclaim Deed and Acceptance of Assignment and Assumption of Lease (Revised) ■ Description. Atascadero Creek Reservation No 3 is the portion of Atascadero Creek from the EI Camino Real Bridge to the Lewis Avenue Bridge The Atascadero Unified School District currently owns this property and the Atascadero Historical Society holds a lease on this property ■ Fiscal Impact: There are no direct fiscal impacts resulting from the acceptance of Atascadero Creek Reservation # 3 There may be future fiscal impacts associated with the acquisition, such as legal costs, maintenance and irrigation ■ Recommendations. Council adopt the Draft Resolution, thereby- 1 Accepting interest in real property conveyed by the Quitclaim Deed dated October 02, 2007 from the Board of Trustees of the Atascadero Unified School District; and, 2 Accepting Assignment and Assumption of the Atascadero Historical Society Lease to the City [City Manager] 4. Purchase of Two Police Patrol Vehicles ■ Fiscal Impact: The combined cost of both vehicles is $51,908 74 including sales tax, shipping fees and mandatory tire fees Funds are provided in the 2008/2009 City Budget. ■ Recommendation. Council authorize the purchase of two (2) police patrol vehicles from Downtown Ford Sales in Sacramento California at a total cost of $51,908 74 [Police] CC Draft Minutes 06/10/08 Page 2 of 11 8 ITEM NUMBER A-1 DATE. 10/28/08 5. Balboa Road Emergency Access Grading Improvements ■ Fiscal Impact: An additional $15,060 00 over what was previously budgeted for this project. ■ Recommendation. Council authorize the Administrative Services Director to re-direct an additional $15,060 00 in Local Transportation Funds from the Road Rehabilitation 5-Year Maintenance Project to the Balboa Road Project. [Public Works] 6. Final Map 2008-0169 (Parcel Map AT 07-0290) 7095 EI Camino Real (TPM 2007-0093) - Adam Scattini ■ Fiscal Impact: None ■ Recommendations. Council 1 Adopt and approve Final Parcel Map 2008-0169 (Parcel Map AT 07- 0093), and, 2 Authorize and direct the City Clerk to endorse the Council's approval on the Map [Public Work MOTION By Council Member Luna and seconded by Council Member Clay to approve Items A-1 through A-6 of the Consent Calendar (Item A-3, Resolution No 2008-059) Motion passed 4.0 by roll-call vote. COMMUNITY FORUM Pam Heatherington announced she is running for City Council and discussed the issues that are most important to her as a candidate David Broadwater spoke about posting late contributions on the Internet and how long before the election date they should be reported, and he suggested the deadline should be 30 days because of mail-in ballots Marge Mackey stated the Atascadero Land Preservation Society has formed a group that will advocate restoration of Stadium Park for use by the citizens and schools Citizens can call her at 466-1811 to join Mike Jackson spoke about the sidewalk near the carwash and elm trees on West Mall that are very overgrown He also spoke about the real estate financing market for first- time home buyers and FHA's refusal to finance condominiums He urged the City to help approve homes that will fit into FHA financing Jim Wilkins with the Atascadero Historical Society spoke about opening communication lines between the City and the Historical Society on important preservations issues CC Draft Minutes 06/10/08 Page 3 of 11 C ITEM NUMBER A-1 DATE. 10/28/08 Eric Greening thanked Steve Kahn for his service to the City and competence He stated he hoped for a master plan for Stadium Park which will include public restrooms He further asked about the timing to use the bus stop and parking area as a staging area before we get into the grant cycle for the permanent transit stop Lee Perkins spoke about Lon Allen's article in the Tribune on Measure D-08 regarding the concern that big box stores may negatively impact the downtown and the traffic impact of expanding the Del Rio intersection Joanne Main with the Atascadero Chamber of Commerce read a statement from the Chamber Board of Directors, including the results of a survey of Chamber members conducted through an independent polling company She further stated the Chamber favors a No vote on Measure D-08 Roberta Fonzi commended Public Works Director Steve Kahn for a job well-done and for all his assistance to the Planning Commissioners Mary Arnold, Chairman of the Board for the Atascadero Chamber of Commerce, invited everyone to the Chamber's Showcase Mixer on Thursday, September 18, 2008, from 5 00 p m to 7 30 p m at the Lake Pavilion Chuck Ward, a member of Atascadero Veterans' Memorial Foundation, invited everyone to the formal dedication on Nov 7th, and to their fund raiser on Sept 20, at Lake Park, a motorcycle benefit ride called a Poker Run Mayor Pro Tem Beraud Closed Community Forum. Mayor Pro Tem Beraud and Council Members asked staff questions regarding the public comments and discussion followed on the overgrown elm trees, FHA financing rules, Stadium Park and the need for restrooms for the Sunken Gardens B PUBLIC HEARINGS 1 Federal Emergency Management Agency Requirement: Flood Damage Prevention Ordinance ■ Disclosure of Ex Parte Communications. ■ Fiscal Impact: None ■ Recommendation. Council introduce for first reading, by title only, a Draft Ordinance, amending Title 7, Chapter 11 of the Atascadero Municipal Code pertaining to Flood Damage Prevention [Public Works] Public Works Director Steve Kahn gave the staff report. Ex Parte Communications. None CC Draft Minutes 06/10/08 Page 4 of 11 10 ITEM NUMBER. A- 1 DATE. 10/28/08 Public Works Director Steve Kahn and City Attorney Brian Pierik answered questions of the Council PUBLIC COMMENT Mary Arnold asked about changes to the FEMA designations and Public Works Director Steve Kahn answered the question Mayor Pro Tem Beraud Closed the Public Comment period. MOTION By Council Member Luna and seconded by Council Member O'Malley to introduce for first reading by title only the Draft Ordinance, amending Title 7, Chapter 11 of the Atascadero Municipal Code pertaining to Flood Damage Prevention. Motion passed 4:0 by a roll-call vote. 2. Dormant Building Permit Applications Time Extensions -Title 8 Code Text Amendments ■ Disclosure of Ex Parte Communications. ■ Fiscal Impact: Collection of unpaid plan check fees is estimated to provide a financial benefit to the City of approximately $150,000±. ■ Recommendation. Council introduce for first reading by title only the Draft Ordinance, amending Title 8 to retroactively extend dormant and expired single family residential, multi-family residential, industrial, and commercial building permit applications to June 30, 2010, once all outstanding, unpaid plan check fees have been paid, and to clarify the City's building permit fee refund policy and Board of Appeals membership [Community Development] Community Development Director Warren Frace gave the staff report. Ex Parte Communications • Council Member O'Malley spoke with a number of folks in the building industry who are very thankful Community Development Director Warren Frace answered questions of the Council PUBLIC COMMENT Geri Brasher Phemister asked what steps would be taken after the extension date to recover the fees, and Community Development Director Warren Frace stated that once the time is exhausted, they would be considered expired and would be turned over to collection NOW CC Draft Minutes 06/10/08 Page 5 of 11 11 ITEM NUMBER: A-1 DATE. 10/28/08 Mayor Pro Tem Beraud Closed the Public Comment period. Community Development Director Warren Frace answered questions of the public and Council Members MOTION By Council Member O'Malley and seconded by Council Member Luna to introduce for first reading by title only the Draft Ordinance, amending Title 8 to retroactively extend dormant and expired single family residential, multi-family residential, industrial, and commercial building permit applications to June 30, 2010, once all outstanding, unpaid plan check fees have been paid, and to clarify the City's building permit fee refund policy and Board of Appeals membership. Motion passed 4.0 by a roll-call vote. C MANAGEMENT REPORTS 1 Informational Background Report – Drive-Throughs – Overview of Zoning Issues and Impacts ■ Fiscal Impact: None ■ Recommendation Council provide staff and Planning Commission with policy interpretation and direction on drive-through facilities [Community Development] Community Development Director Warren Frace gave staff report and answered questions of the Council PUBLIC COMMENT Lee Perkins asked what the downtown area designation was and what would happen to the current drive-throughs should those businesses leave—would new ones be allowed to replace them or would it be a separate request. Pam Heatherington suggested the Council ask for presentations from both the Obesity Task Force for San Luis Obispo County as well as the Air Quality Control Board As a Planning Commissioner, she spoke of her concern on duplicate restaurants in the City and feared Atascadero could become known as the "fast-food capital" of the county David Broadwater remarked on the listed drive-throughs in the presentation, and asked for a definition of the problem that the City is attempting to address Roberta Fonzi stated the Planning Commission had requested a public hearing on this issue as drive-throughs impact the physically impaired as well as air quality, and wanted to provide the citizens with a voice on this issue CC Draft Minutes 06/10/08 Page 6 of 11 12 ITEM NUMBER A- 1 DATE. 10/28/08 Eric Greening agreed all sectors of the community need to weigh-in on this issue Eric *'' Greening also spoke on the Board of Supervisors' circumventing the local rights of cities Katyn Sturtevant spoke about having sick children in tow while attempting to pick up medications or meals, and stressed it was more of a health issue rather than a convenience issue Mayor Pro Tem Beraud Closed the Public Comment Period. Council Member Luna asked staff about a moratorium on duplicate drive-throughs, and asked if the CUP process dealt with the land and not the applicant. Community Development Director Warren Frace indicated it would be difficult to legislate a limit on any one applicant, and it would probably need to be a Land-Use issue Mayor Pro Tem Beraud asked about downtown borders and the current drive-through uses Community Development Director Warren Frace defined the downtown parameters and stated the current drive-throughs continue indefinitely as long as any lapse in use, regardless of ownership, does not continue for more than six months Council Member Clay spoke of his concern for the disabled, elderly, and soccer moms, and feels the current CUP process is adequate Mayor Pro Tem Beraud stated she would prefer to cap the number of drive-throughs at current CUPs and spoke about limiting drive-throughs to certain zones She further asked staff about AB32 Community Development Director Warren Frace stated AB32 is a State mandate to reduce greenhouse gases, and projects must be analyzed subject to CEQA, with which we currently are complying Council Member O'Malley stated the current Conditional Use Permit process provides for a public hearing, and suggested we look at zoning requirements for certain areas He also expressed concern about a negative economic impact on City revenues Council Member Luna spoke about government's role and felt we should come back with a public hearing, or the next Council should address the issue in strategic planning sessions Council Member Clay stated caps and restrictions furthers Atascadero's image as not being business friendly Council Member O'Malley stated he feels the strategic planning sessions would be the best venue for this topic Mayor Pro Tem Beraud stated she feels the role of government is to protect the public from growth that is unwanted, and the quality of how Atascadero grows is very important. �w CC Draft Minutes 06/10/08 Page 7 of 11 13 ITEM NUMBER A-1 DATE. 10/28/08 The Council unanimously agreed to bring this issue back as a topic for the future Council to review during strategic planning sessions. 2. Second Update on Economic Development Strategy ■ Fiscal Impact: None ■ Recommendation. Council receive an update from representatives of Applied Development Economics on their progress to date regarding the economic development strategy [City Manager] Doug Svensson and Kathy Studwell (Applied Development Economics) gave the report and answered questions of the City Council Mayor Pro Tem Beraud recessed the meeting at 8.37 p.m. Mayor Pro Tem Beraud reconvened the meeting at 8:56 p.m. PUBLIC COMMENT Dan Chacon suggests the subject of workforce be added to the report as a strength and add Cuesta College and Cal Poly as assets under "Workforce " Lee Perkins expressed concern that the workshop is the Saturday before Thanksgiving, and people may be leaving town low Mayor Pro Tem Beraud Closed the Public Comment Period. Mayor Pro Tem Beraud questioned Doug Svensson on the date selected for the workshop Doug Svensson stated they were hoping to catch people before the holiday, and then if you get into December, people are too occupied Assistant City Manager Jim Lewis answered some of the reasons for the date chosen City Attorney Brian Pierik stated if the workshop was noticed as a special meeting, Council could attend as a whole The Council unanimously agreed to notice the workshop as a special meeting of the City Council so that all Council Members may attend, but not participate in, the meeting. 3. Proposed Government Channel Access Policy ■ Fiscal Impact: There is no fiscal impact to the City as a result of approving the attached Policy However, funding is not available for the City to support programming of the government access channel at this time ■ Recommendation. Council approve the attached draft Government Access Channel Policy for the City of Atascadero [City Manager] CC Draft Minutes 06/10/08 Page 8 of 11 14 z (.4, s ITEM NUMBER A-1 DATE. 10/28/08 Assistant City Manager Jim Lewis gave the staff report and answered questions of the Council PUBLIC COMMENT David Broadwater spoke about funding for candidate forums and where those funds would come from, and that he would like to see those discussions on budget televised He also stated that on the draft policy, he would suggest other institutions should be able to use the channel for programs And, finally, he spoke about building public trust and his feeling that sub-committee meetings should be televised Nancy Castle, co-owner of AGP Video, Inc , reviewed her memo dated September 9, 2008, which was handed to each Council Member this evening (Exhibit A) and which stated the policy is too restrictive, in particular, Item 1 B should include produced programs that "have been endorsed by a department director to be of benefit to members of the community " In regard to campaign forums, she would like to have it opened to all campaign forums Finally, Item 3B precludes the hiring of an outside vendor to provide services, which needs to be reviewed because she feels that if you purchase equipment, you should be able to hire an outside vendor for assistance Lee Perkins urged the Council to include Measure D-08 in the candidate forums Joanne Main, Atascadero Chamber of Commerce, spoke about the candidate forums the Chamber has sponsored over the years, and hopes the services of the televised option will not go away She also would like to be included if the policy will open the channel to other entities Mayor Pro Tem Beraud Closed the Public Comment Period. Mayor Pro Tem Beraud addressed David Broadwater's concern about secret subcommittee meetings, and stated the Council does not have secret meetings Assistant City Manager Jim Lewis, City Attorney Brian Pierik, and City Clerk Marcia Torgerson answered questions of the City Council MOTION By Council Member Clay and seconded by Council Member Luna to approve the Government Access Channel Policy for the City of Atascadero Motion passed 3.1 on a roll-call vote. (Beraud opposing.) CC Draft Minutes 06/10/08 Page 9 of 11 1� ITEM NUMBER A-1 DATE. 10/28/08 4. Ordinance Amending Title 2, Chapter 1, Section 2-1.15 of the Atascadero Municipal Code, Pertaining to Voluntary Abstentions ■ Description. This Ordinance, if adopted, would clarify the interpretation of an abstention vote ■ Fiscal Impact: None ■ Recommendation. Council introduce for first reading, by title only, the Draft Ordinance amending Title 2, Chapter 1, Section 2-1 15 of the Atascadero Municipal Code pertaining to voluntary abstentions [City Attorney] City Attorney Brian Pierik provided the staff report and answered questions of the City Council PUBLIC COMMENT David Broadwater supports the traditional Robert's Rules of Order, where an abstention would be considered a non-vote and recorded in minutes as such for citizens who want to track voting records Mayor Pro Tem Beraud Closed the Public Comment Period. Mayor Pro Tem Beraud indicated this came as a request from the Planning Commission, and Community Development Director Warren Frace, City Clerk Marcia Torgerson, and City Attorney Brian Pierik answered further questions of City Council MOTION By Council Member Clay and seconded by Council Member O'Malley to introduce for first reading, by title only the Draft Ordinance Amending Title 2, Chapter 1, Section 2-1 15 of the Atascadero Municipal Code pertaining to voluntary abstentions. Motion passed 3 1 on roll-call vote. (Luna opposing.) COUNCIL ANNOUNCEMENTS AND REPORTS None D COMMITTEE REPORTS Mayor Pro Tem Beraud will attend the Integrated Waste Management meeting tomorrow, and the City Schools has yet to set a meeting date E. INDIVIDUAL DETERMINATION AND/OR ACTION None CC Draft Minutes 06/10/08 c Page 10 of 11 16 t oui t 1.. 41 ITEM NUMBER A- 1 DATE. 10/28/08 'qwe F ADJOURNMENT The meeting was adjourned at 10 12 p m to the next regularly scheduled meeting of the City Council is on September 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—Memo dated September 9, 2008, from AGP Video, Inc. CC Draft Minutes 06/10/08 Page 11 of 11 17 ..s V ITEM NUMBER: A-2 DATE. 10/28/08 ■ CITY OF A TASCA DERO CITY COUNCIL DRAFT MINUTES Tuesday, September 23, 2008 — 6.00 p m. REGULAR SESSION: Mayor Brennler called the meeting to order at 6 00 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 Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson, and Deputy City Clerk Susanne Anshen Staff Present: City Manager Wade McKinney, Community Development Director Warren Frace, Redevelopment Specialist Marty Tracey, Police Chief Jim Mulhall, Deputy Public Works Director David Athey, City Attorney Brian Pierik, and Administrative Services Director Rachelle Rickard APPROVAL OF AGENDA. MOTION By Council Member Clay and seconded by Mayor Pro Tem Beraud to approve the agenda. Motion passed 5:0 by a roll-call vote. Draft CC Minutes 09/23/2008 Page 1 of 16 19 ITEM NUMBER: A-2 DATE. 10/28/08 PRESENTATIONS 1 Recognition of Grace Pucci, former Deputy City Clerk, for her years of service to the City of Atascadero 2. Presentation of Employee Service Award Jeff Wilhusen for 10 years on the Police Department. A. CONSENT CALENDAR- 1 City Council Draft Minutes —June 10, 2008 ■ Recommendation. Council approve the City Council Meeting Minutes of June 10, 2008 [City Clerk] 2. City Council Draft Minutes —June 24, 2008 ■ Recommendation. Council approve the City Council Meeting Minutes of June 24, 2008 [City Clerk] 3. Ordinance Amendment Pertaining to Voluntary Abstentions ■ Description. This ordinance, if adopted, would clarify the interpretation of an abstention vote ■ Fiscal Impact: None ■ Recommendation. Council adopt on second reading, by title only, the Draft Ordinance amending Title 2, Chapter 1, Section 2-1 15 of the Atascadero Municipal Code pertaining to voluntary abstentions. [City Manager] 4. Dormant Building Permit Applications Time Extensions --Title 8 Code Text Amendments ■ Fiscal Impact: Collection of unpaid plan check fees is estimated to provide a financial benefit to the City of approximately $150,000±. ■ Recommendation. Council adopt on second reading, by title only, draft Ordinance A amending Title 8 to retroactively extend dormant and expired single family residential, multi-family residential, industrial, and commercial building permit applications to June 30, 2010, once all outstanding, unpaid _plan check fees have been paid, and to clarify the City's building permit fee refund policy and Board of Appeals membership [Community Development] 5. San Luis Obispo County Narcotics Task Force - Memorandum of Understanding ■ Fiscal Impact: The fiscal impact is approximately $150,000 of budgeted funds consisting of one full time police officer, and related equipment. ■ Recommendation. Council authorize the City Manager to execute the Memorandum of Understanding (MOU) between the State Office of the Attorney General, State Department of Justice, Bureau of Narcotics Draft CC Minutes 09/23/2008 Page 2 of 16 20 ITEM NUMBER. A-2 DATE. 10/28/08 Enforcement (BNE), and the City of Atascadero for operation of the county w„w Narcotics Task Force [Police] 6. California Department of Alcoholic Beverage Control — Grant Assistance Program ■ Fiscal Impact: The fiscal impact is a positive $29,254 in grant fund revenues and a corresponding $33,754 in expenses to conduct special operations and to administer the grant. The $4,500 difference in revenues and expenses will come from budgeted police funds ■ Recommendation. Council designate the 2008/2009 California Department of Alcoholic Beverage Control (ABC) monies for use in reducing the availability of alcoholic beverages to minors [Police] 7 Federal Emergency Management Agency Requirement - Flood Damage Prevention Ordinance ■ Fiscal Impact: None ■ Recommendation. Council adopt on second reading by title only, the Draft Ordinance, amending Title 7, Chapter 11 of the Atascadero Municipal Code pertaining to Flood Damage Prevention [Public Works] Item No. A-3 was pulled from the Consent Calendar for discussion. MOTION By Council Member O'Malley seconded by Mayor Pro Tem Beraud to approve Item Nos. A-1, A-2, A-4, A-5, A-6, and A-7 of the Consent Calendar (Item A-4, Ord. #533, Item A-5, Contract #2008-030; Item A-7, Ord. #534) Motion passes 5.0 on a roll-call vote. Item No A-3 Council Member Luna stated abstentions should be treated as in Roberts' Rules of Order Council Member Clay requested public comment on this issue PUBLIC COMMENT David Broadwater stated he stands for Roberts Rules of Order, and the public needs to have a clear understanding of how members are voting Mayor Brennler closed the Public Comment period. Council Member Clay feels the issue has been thoroughly researched by our City Attorney, and supports the recommendation Council Member O'Malley supports the recommendation and explanation by City Attorney ,%NW Draft CC Minutes 09/23/2008 Page 3 of 16 21 ITEM NUMBER- A-2 DATE 10/28/08 MOTION By Council Member O'Malley seconded by Council Member Clay to adopt on second reading, by title only, the Draft Ordinance amending Title 2, Chapter 1, Section 2-1 15 of the Atascadero Municipal Code pertaining to voluntary abstentions. (Item A-3, Ord. #532) Motion passes 3:2 on a roll-call vote. (Council Member Luna and Mayor Brennler opposed.) COMMUNITY FORUM Mitch Paskin spoke about broken asphalt on Los Altos Road and San Marcos Road due to the construction by Oak Ridge Estates and that Oak Ridge Estates should pay for those damages Pam Heatherington stated she is running for City Council and stated why she is seeking public office and the importance of public input on development projects Maria Hooper asked about the Printery Building's broken windows, and hoped mothballing the building for protection would be discussed in the near future Joan O'Keefe discussed the Gaughns v City of Atascadero matter and her difficulties in securing public records on this case , David Broadwater spoke on funds provided by the City to the Atascadero Chamber of Commerce since 2006, and the biannual reports required to be filed (Exhibit A) Ron Rothman spoke about Measure D and is concerned about the erroneous charge made that the measure is supported by unions Jolene Horn spoke on the Basin Plan R3-2008-005 that was voted on by the Regional Water Quality Control Board on May 9 It limits the use of properties with septic systems and she is concerned that a public workshop on this will not be held before the November 18th hearing in Sacramento Don Idler expressed support for Joanne Main and the Atascadero Chamber of Commerce Tom Comar stated he is a spokesperson for Yes on Measure D08, which has filed a complaint with the California Fair Practices Commission and the San Luis Obispo County Grand Jury against the Chamber of Commerce, claiming they have violated their non-profit status and have misused tax payers' money Lee Perkins spoke as Coordinator for Yes on Measure D-08, and is concerned about the confusion in town on the D-08 issue and it should be included in election forums. Also, Ms Perkins asked for an update on Colony Square Draft CC Minutes 09/23/2008 Page 4 of 16 22 ITEM NUMBER: A-2 DATE. 10/28/08 NW* Ned Thompson stated his support for the Atascadero Chamber of Commerce and Joanne Main and urged a no vote on Measure D-08 Bill White, President of the Atascadero Professional Firefighters Local 3600, and also on behalf of the President of the Atascadero Police Officers Association, expressed opposition for Measure D-08 John Holman stated he supports D-08 Kelly Long, a store owner who will be in competition with Walmart, wants Walmart in Atascadero, and commended the Chamber for the recent Showcase Mixer Shirley Lyons noticed the sign on EI Camino Real and wants to know if it is on City property She stated her concern with downtown shops, specifically, a tattoo parlor and a saloon, which are inappropriate for downtown Maggie White stated concern over the Save Atascadero signs and what we are saving it from, and feels Walmart's presence will not harm Atascadero Ron Walters, President of A Better Atascadero, stated his support for the Atascadero Chamber of Commerce and Joanne Main as she has always had best interest of City in mind Mike Talen, as a member of Atascadero Chamber of Commerce Board of Directors, spoke "` of his concern for contentious debates and attacks on the Walmart issue, his concern that unions may be behind the complaints and unfair tactics, and asked for a no vote on Measure D-08 Clarisse McMillan supports Joanne Main and spoke on the need for a tax base for Atascadero Icey Hagedorn worries the Shield Initiative (anti-Walmart) will allow Costco but not Walmart, by its terms Bill Vargues stated Measure D-08 instills fear against Walmart, but shopping should be a choice not dictated by government. He also stated we need tax revenue Chad Porter, Atascadero Chamber Board Member, stated we do not need Measure D-08, and is proud of the community Scott Hallett, a member of the Local Firefighters Association, urged a No vote on Measure D-08 Mike Jackson asked the status on the Highway 41/101 construction, and the status of our redevelopment money in the state budget. Mr Jackson expressed concerned that the Yes Vftw Draft CC Minutes 09/23/2008 Page 5 of 16 23 ITEM NUMBER. A-2 DATE 10/28/08 On D-08 committee is attacking the Chamber who has worked diligently for the City, and rw. feels the City needs the Chamber to move ahead to provide positive future for business Bob Wilkins feels the attack on Chamber is unnecessary as the Chamber has provided a lot of service to the businesses of Atascadero and community members, and he is worried about the City's finances Thomas McGee expressed his concern about college students unable to find jobs and that his quarterly sales tax to the state is very small Karyn Sturtevant stated she is not fan of Walmart, but is a fan of Joanne Main and the Chamber of Commerce, and expressed her concerns about accusations and possible lawsuits when the integrity of the Chamber is called into question Sandy Jack feels Walmart could bring a large tax revenue base to Atascadero, and he supports the Chamber as they have the best interests of the City at heart. Barbie Butz spoke in favor of the Chamber of Commerce as a former member and board member, and supports the Chamber's work as they are fair and honest. Ann Ketcherside stated that Yes on Measure D-08 means you are against Walmart. She also stated two small towns in Kansas are dead because of Walmart and a Super Walmart there She does not want Atascadero to look like every other town, and wants to save the small shops that have supported the tax base for many years ,rr Dan Chacon expressed concerned that the issue is not Walmart, but power Zoe Duty stated she wants to vote no on D-08, and the City Council should regulate what goes on in Atascadero Ann Hatch spoke about community and not looking back, but rather to the future Steve Martin, Executive Director of the Atascadero Main Street, stated his Board has taken no position on Measure D-08, however, over the last four weeks ten businesses have left downtown He stated no new businesses are moving in behind them Mr Martin supports the Atascadero Chamber of Commerce as a professional organization which is well- received by the community Personally, Mr Martin feels there are people who fear Walmart more than they love Atascadero Joanne Main, President and CEO of the Atascadero Chamber and resident, stated she is proud to have worked with the Chamber since 2000 Ms Main read the Chamber's mission statement. She also stated the Chamber has worked within the rights of the organization and the FPPC allegation against the Chamber was reviewed by an attorney who indicated the Chamber is well within their rights Draft CC Minutes 09/23/2008 Page 6 of 16 24 ITEM NUMBER- A-2 DATE. 10/28/08 Chuck Ward, with the Veteran's Memorial Foundation, reported the Veterans' Memorial, which is now 85 percent completed, is scheduled for the Dedication on Nov 8th Mr Ward said you can visit www.Atascaderoveteransmemorial.com and buy a brick to help fund this project. Over 1,000 commemorative bricks have already been purchased Nora Trinicosta stated she is saddened by the City Council and Chamber of Commerce restricting participation in discussion forums Mayor Brennler closed the Public Comment Period. Mayor Pro Tem Beraud asked Steve Martin (Main Street) to define the differences between Main Street and the Chamber of Commerce Steve Martin indicated that Main Street's goal is transforming the downtown into the historical, cultural, economic, and social center of the City; and the Chamber of Commerce's goal is much broader and addresses the business needs of all businesses within the city limits Mayor Pro Tem Beraud asked about the difference in the non-profit status of the Chamber and Main Street. Steve Martin indicated Main Street is a 501c3, which is not allowed to use resources to campaign and may only inform or educate voters, however, the Chamber of Commerce is a 501 c6 Mayor Brennler asked Joanne Main about the Chamber's obligation to provide reports including detailed breakdowns of expenditures Joanne Main indicated the recently received semiannual report is what she has been providing twice a year since 2000, and has not been requested to provide any further information Mayor Pro Tem Beraud asked about a copy of the Chamber survey, and Joanne Main stated that the Chamber does not own the survey, it was commissioned through Walmart. She further apologized for the error in reading the report, which was an honest error Ms Main stated that notwithstanding her error, the percentages did not change Joanne Main stated she would ask her Board if they wanted to provide the written survey results to the City Council Council Member Clay stated on the Chambers contract, on page 2, which states at Item (d) that the Chamber has the ability to "develop proper surveys wherein individuals may be induced to locate in the City", and Ms Main indicated that it was stated in this contract that the Chamber was well within their bounds Council Member Clay further stated in that under Item (f), the contract states "aid in promoting the development and use of unoccupied commercial and industrial properties " Mayor Brennler asked Joanne Main if she helped in structuring the language of this contract, where it reads, "develop proper surveys" and he asked if she knew what that language meant. Joanne Main stated that, being a Chamber of Commerce, they can develop surveys for whatever subject they want to survey the business community Draft CC Minutes 09/23/2008 Page 7 of 16 25 ITEM NUMBER- A-2 DATE. 10/28/08 Mayor Brennler asked about the questions of Mr Paskin about road conditions and asked City Clerk Marcia Torgerson if he has contacted her Marcia Torgerson said he has not contacted her Mayor Brennler asked Mr Paskin to contact the City Clerk. City Manager Wade McKinney stated they will continue to follow these issues Mayor Brennler stated Maria Hooper and Joan O'Keefe both brought up the issue of the Printery mothballing and asked staff the status City Manager Wade McKinney said staff and the City Attorney are working on legal options of doing the mothballing Mayor Brennler stated Joan O'Keefe has been attempting to obtain documents on the Gaughan case City Attorney Brian Pierik suggested this be on a future agenda. He also said that the CJPIA made the settlement and the City Council was not consulted on the decision Mayor Brennler stated several speakers suggested adding Measure D-08 to the candidates' forums which staff suggested he bring up during Council Comments Mayor Brennler asked City Manager Wade McKinney about Jolene Horn's comments on the Basin Plan and City Manager Wade McKinney said the matter will be on the Council agenda on October 14, and public comment will be received at that time Mayor Brennler asked about Lee Perkins' request for an update on Colony Square, and City Manager Wade McKinney stated staff is working with the architect to revise drawings that will be resubmitted Mayor Brennler asked about Shirley Lyons' concern that D08 signs are on City property, and City Clerk Marcia Torgerson stated Caltrans owned the land and the Code Enforcement Officer has spoken to them about moving the sign Mayor Brennler asked about Mr Wilkins' comment about the City going bankrupt, and City Manager Wade McKinney stated the City is not filing for bankruptcy City Manager Wade Mr McKinney answered questions of Council Members on the state budget's impact on the City Mayor Brennler recessed the meeting at 8:20 p.m. Mayor Brennler reconvened the meeting at 8:32 p.m. 1.000, Draft CC Minutes 09/23/2008 Page 8 of 16 26 ITEM NUMBER A-2 DATE. 10/28/08 B PUBLIC HEARINGS �irr► 1 California Manor Purchase and Renovation Funding ■ Disclosure of Ex Parte Communications. 9 Fiscal Impact: -None , ■ Recommendation. Council adopt the Draft Resolution approving the issuance of Multifamily Housing Revenue Bonds for the purpose of financing the acquisition and rehabilitation of California Manor [City ■ Manager] Deputy Executive Director Marty Tracey gave the staff report and answered questions of the Council Members Terence Murphy with the California Statewide Community Development Authority answered questions as to why this hearing is required by law, both Federal and City, and further provides a layer of transparency to the public on responsibilities for the City Ex Parte Communications None Mr Murphy answered questions of the City Council Members PUBLIC COMMENT Roberta Fonzi asked how the property will be maintained, how eligibility is determined, and if City costs will be incurred Zoe Duty asked how the City will be involved Mr Murphy stated public bonds are used for these types of projects and the City has oversight on the use of this type of bond money Mr Murphy stated eligibility will be dictated by whatever the agreement is between the project and the state, and maintenance will be covered by a $25,000 per unit sum put into the rehab Zoe Duty asked who does weekly maintenance Mr Murphy said it was the owner's responsibility to maintain the property Mike Condry, proponent of the project, answered questions of the Council Mayor Brennler closed the Public Comment period. MOTION By Council Member O'Malley seconded by Council Member Clay to adopt the Draft Resolution approving the issuance of Multifamily Housing Revenue Bonds for the purpose of financing the acquisition and rehabilitation of California Manor Motion passed 5.0 on a roll-call vote. (Resolution #2008-060) VAWW Draft CC Minutes 09/23/2008 Page 9 of 16 27 ITEM NUMBER. A-2 DATE 10/28/08 C MANAGEMENT REPORTS 1 Regional Water Quality Control Board (RWQCB) - Storm Water Management Plan - NPDES Phase II ■ Fiscal Impact: The long term fiscal impact is unknown at this time but could be significant. Staff is estimating the consultant costs will likely range between $30,000 and $50,000 to study the impacts of the new requirements and prepare a compliant SWMP ■ Recommendation. Council direct staff to file the 2004 Storm Water Management Plan (SWMP) with the Central Coast Regional Water Quality Control Board (RWQCB) with language that the City will conduct a future process to attempt to incorporate the Board's February 15, 2008 revised standards to the extent practicable for this community [Public Works] Community Development Director Warren Frace gave the staff report and answered questions of Council Matt Thompson, Civil and Environmental Engineer with the Regional Water Quality Control Board also answered questions of the City Council Members PUBLIC COMMENT Pam Heatherington urged the City Council to take the RWQCB's recommendation to help protect the garbage in our oceans and the indirect contribution to global warming issues Susie Anderson spoke about the creek setback implementations, which is now worded as "buffer zones" and would like this explained to the community Ms Anderson urged the Council to protect private property rights from the appointed-member water board Mike Jackson took exception to the four additional items required by the RWQCB as a threat to the City and admires Lompoc for refusing to comply; and he asked how the cost of compliance will be recovered Jolene Horn asked why we did not have this dialogue before the matter was voted upon by the RWQCB on May 9th and why it comes to us only two months away from it going to RWQCB Ms Horn also asked why only cities over 10,000 in population in Regipp $ have the four extra requirements, as Atascadero has creek reservations in place already Roberta Fonzi, Chairperson of the Planning Commission and candidate for City Council, stated we have not had adequate time and have not received answers from RWQCB of our staff's questions She also stated the public has not had time to comment on this issue J or!8 i§_W lu I ( I.7EIi ,AIr1 iAl Draft CC Minutes 09/23/2008 Page 10 of 16 28 ITEM NUMBER. A-2 DATE. 10/28/08 Len Colamarino asked if any inquiry was made into availability for legislative relief or judicial relief, what was the basis of Lompoc's challenge, and what is the prospect of their succeeding Fred Frank lives along a stream and wants this Plan implemented as soon as possible because of stream overflows Zoe Duty stated she understood the RWQCB only wants a plan, but we would have as much as four years to implement the plan Karyn Sturtevant agreed with Pam Heatherington and we have to protect our water resources Tom Johnson stated the RWQCB is not trying to force this on Atascadero, and we need to investigate the possible judicial or legislative relief available David Broadwater asked for more information on streams that are matters of concern and exactly what is the extent of the problems that we are facing Glen Horn stated this is a solution looking for a problem and urged our Council to protect the community from the RWQCB Mr Thompson answered questions as to the RWQCB request for a storm water management plan He stated buffer zones and creedk setbacks are synonymous As to whether anyone has achieved legislative or judicial relief, Mr Thompson said he is unaware of any successful case He stated they are talking about a management plan for surface water, not ground water Mr Thompson and David Ennis, an environmental scientist with the RWQCB, answered further questions of the City Council A community member stated there are currently two vacancies on the Regional Water Quality Control Board, and Atascadero is not represented Ron Robin spoke about Graves Creek and the impact, and he has never been able to vote on the setbacks Mayor Brennler closed the Public Comment period. Community Development Director Warren Frace, City Manager Wade McKinney, Deputy Public Works Director David Athey, and City Attorney Brian Pierik answered further questions of City Council Members Council Member Luna made a motion to direct staff to file the 2004 Storm Water Management Plan (SWMP) with the Central Coast Regional Water Quality Control Board *4001 Draft CC Minutes 09/23/2008 Page 11 of 16 2E ITEM NUMBER A-2 DATE. 10/28/08 (RWQCB) with language that the City will commit to a future process to incorporate the ,, 40 Board's February 15, 2008, revised standards for this community Mayor Pro Tem Beraud stated that she would second the motion with additional language on revising the plan Council Member O'Malley felt that the matter should be continued for public input. Further discussion was held by the Council and questions were answered by City Manager Wade McKinney and City Attorney Brian Pierik who suggested further questions be asked of the Water Board representatives and then continue the matter over to the next meeting Matt Thompson returned to the lecturn and answered further questions Mayor Brennler noted the time is 11 00 p m and said that if the Council wants to continue the meeting, it would require a motion MOTION By Council Member Luna seconded by Mayor Pro Tem Beraud to continue the City Council Meeting past 11 00 p.m Motion passed 5.0 on a roll-call vote. Council Members continued discussions with Mr Thompson and Mr Ennis regarding the process for the Storm Water Management Plan Council Member Luna withdrew his motion MOTION By Council Member Luna seconded by Council Member O'Malley to continue Item C-1 to the next meeting on October 14, 2008. Motion passes 5.0 on a roll-call vote. MOTION By Council Member O'Malley seconded by Council Member Clay to continue Item No. C-2 to the next meeting of the City Council. Motion failed 2:3 on a roll-call vote. (Luna, Beraud, and Brennler opposed.) 2. Draft Campaign Ordinance— Discussion of Council Options ■ Fiscal Impact: Depending upon the direction from the City Council, Staff will be in a position to provide an estimate of the expenses that would be associated with the preparation of any further documents and the extent of staff time which would be involved with implementing Council direction and the cost associated with any campaign ordinance [City Attorney] City Attorney Brian Pierik gave the staff report and answered questions of the City Council Draft CC Minutes 09/23/2008 Page 12 of 16 30 ITEM NUMBER A-2 DATE 10/28/08 1%W Council Member Luna suggested the issue of ex parte disclosures be continued to the next strategic planning session of the City Council A majority of the City Council directed staff to continue that portion of Item No. C-2 dealing with ex parte disclosures to the next strategic planning session of the City Council PUBLIC COMMENT David Broadwater provided an 11-page citizen report to the Council Members and briefed them on the contents (Exhibit B) Len Colamarino stated there should be ex parte disclosure and also agrees with the $ 50 per resident limit. Mike Jackson asked how non-cash support items, such as a full-page ad, will be handled on ex parte disclosures Mayor Brennler closed the Public Comment period. City Attorney Brian Pierik and City Clerk / Assistant to the City Manager Marcia McClure Torgerson answered questions of the City Council MOTION By Mayor Pro Tem Beraud and seconded by Council Member Luna to direct the City Attorney to prepare an Ordinance for first reading including the following options (a) Alternative 2, a $12,000 limit be set for voluntary campaign expenditures, and, (b)The section on ex parte disclosures is tabled, and (c) Staff to post all mid-year 460s on the website, and, (d) Reduce the amount required to be included in the Late Contribution reports Motion passed 3:2 on a roll-call vote. (O'Malley and Clay opposed.) MOTION By Mayor Pro Tem Beraud seconded by Council Member Luna that all 460s are to be posted on the City's website. Motion passes 5.0 on a roll-call vote. Mayor Brennler recessed the meeting at 12:15 a.m. Mayor Brennler reconvened the meeting at 12.23 a.m. 3. Creation of a Vector Control Program and Benefit Assessment `�WrrP' Draft CC Minutes 09/23/2008 Page 13 of 16 31 ITEM NUMBER A-2 DATE. 10/28/08 ■ Fiscal Impact: No fiscal impact to the City's budget. However, City residents would be assessed an annual rate of $9 80 - $25 00 per single-family residence depending on the number of acres ■ Recommendations. Council 1 Allow the County to provide vector control services within the Atascadero city limits, and, 2 Allow property owners within Atascadero city limits to participate in the Proposition 218 Ballot Measure to fund the program [City Manager] Deputy Executive Director Marty Tracey gave the staff report and answered questions of the City Council Laurie Saylow, County Environmental Health Program, reviewed the report on vector control services within city limits and answered questions of the City Council PUBLIC COMMENT - None Mayor Brennler Closed the Public Comment Period. MOTION By Council Member Luna seconded by Mayor Pro Tem Beraud to (1) Allow the County to provide vector control services within the Atascadero city limits, and, (2) Allow property owners within Atascadero city limits to participate in the Proposition 218 Ballot Measure to fund the program. Motion passed 5.0 on a roll-call vote. 4 Amendments and Additions to Fee Schedule ■ Fiscal Impact: There will be an estimated annual increase in operating revenue of $40,000 from the changes to these service fees ■ Recommendation. Council adopt Draft Resolution A adding new fees and amending selected existing fees [Administrative Services] Administrative Services Director Rachelle Rickard presented the staff report and answered questions of Council Council Member O'Malley stated he would step down for the portion of the report on the Colony Park Community Center as he owns property in that area, and therefore, the motion will need to be split into two motions PUBLIC COMMENT - None MOTION By Council Member Luna, seconded by Council Member O'Malley to adopt Draft Resolution A Adding New Fees and Amending Draft CC Minutes 09/23/2008 Page 14 of 16 32 s t•.. x� �' ., ITEM NUMBER A-2 DATE. 10/28/08 Selected Existing Fees (separating out those fees that relate to Colony Park Community Center). Motion passed 5.0 on a roll-call vote. (Resolution #2008-061) Council Member O'Malley stated his recusal in relation to the Colony Park Item C-5 is because he owns property at 5990 Bajada across from the Community Center MOTION By Mayor Pro Tem Beraud seconded by Council Member Luna to adopt Draft Resolution A Adding New Fees and Amending "Fees For Planning And City Services" (Attachment A To Resolution 2006-080) on the Colony Park Community Center Motion passed 4:0.1 on a roll-call vote. (O'Malley abstained) 5 Colony Park Community Center Status Report ■ Fiscal Impact: None ■ Recommendation. Council review Colony Park Community Center status report and receive and file [Community Services] MOTION By Council Member Luna, seconded by Council Member O'Malley, to continue Item C-5 City Attorney Brian Pierik made a point of order that Council Member O'Malley could not ,,. vote on this item as previously stated Council Member O'Malley withdrew his second to the motion MOTION By Council Member Luna, seconded by Mayor Pro Tem Beraud, to continue Item C-5. Motion passes 4.0 on a roll-call vote. (O'Malley abstained) MOTION By Council Member O'Malley, seconded by Council Member Clay to adjourn the meeting Motion fails 2.3 on a roll-call vote. (Luna, Beraud and Brennler opposed) COUNCIL ANNOUNCEMENTS AND REPORTS Mayor Pro Tem Beraud reported on the Public Trust Committee and expressed need for public education on Measure D-08 at the candidates' forum The idea of public trust was to build trust and provide education Written argument for and against has been prepared for the sample ballot, but we need to add Measure D-08 to candidates' forum on September 30, 2008, and it is necessary to educate the public on both sides of the issue Draft CC Minutes 09/23/2008 Page 15 of 16 33 ITEM NUMBER A-2 DATE. 10/28/08 City Attorney Brian Pierik and City Clerk / Assistant City Manager Marcia McClure Torgerson explained to the Council Members why they were opposed to Mayor Pro Tem Beraud's proposal City Attorney Brian Pierik reminded the Council this issue was not an agendized item and no action could be taken MOTION By Council Member O'Malley, seconded by Council Member Clay to adjourn. Motion fails 2;3 on a roll-call vote. (Luna, Beraud, and Brennler opposed) Mayor Brennler expressed his difficulties in attempting to obtain information on lawsuits on the Gaughns and Mr Tracey Insofar as matters are now settled, he is at a loss to understand why the documents cannot be made available, and Mr Tracey has provided a letter that he does not object. City Attorney Brian Pierik stated the definition of public records and that insurance Company, CJPIA, has control over documents prepared by them, which are not public records of the City Mayor Brennler asked City Manager Wade McKinney if the De Anza bridges are to be discussed at the next meeting, and in particular, he wants this Council to be aware of why delays have occurred City Manager Wade McKinney stated the matter could be discussed on the next agenda. F ADJOURNMENT MOTION By Council Member Luna, seconded by Council Member Clay, to adjourn the meeting. Motion passes 5-0 on roll-call vote. The meeting was adjourned at 1 25 a.m to the next regularly scheduled meeting of the City Council. MINUTES PREPARED BY Susanne Curtis Anshen, Deputy City Clerk The following exhibits are available for review in the City Clerk's office. Exhibit A--David,Broadwater- report on City funding,of Atascadero Chamber 91 Gpmmergp Exhibit B- David Broadwater- report dated September 23, 2008 Draft CC Minutes 09/23/2008 Page 16 of 16 34 i.. ITEM NUMBER A-3 DATE. 10/28/08 rp17Fi . .f r r. n_ 19tg Ir �, r ts?� CAD Atascadero City Council Staff Report - Public Works Department Qualified Firms List - Engineering Services RECOMMENDATION Council authorize the City Manager to enter into ongoing contracts for contract engineering services with firms on the "General Engineering Services Qualified Firms List." DISCUSSION- The City uses Engineering firms for capital improvement project design services, preparation of plans and technical specifications, preparation of construction estimates and construction support for a variety of public infrastructure capital improvement projects The City frequently has capital projects funded which will require engineering services j Contracting for Engineering Services from an established list is allowed in Section V of the City's Purchasing Policy as an ongoing professional service This allows the City to hire Engineering firms for funded capital projects as needed. On July 18, 2008 and September 17, 2008, staff solicited proposals from qualified engineering firms for the purpose of establishing a list to provide Engineering Services for the Public Works Department on an as needed basis Proposals were received from twelve firms The proposals were reviewed for qualifications, previous experience, references and cost. All twelve firms were found to be qualified and staff is recommending that they all be placed on the "Engineering Services Qualified Firm List." 3! ITEM NUMBER: A-3 DATE. 10/28/08 FISCAL IMPACT The costs of Engineering Services are billed directly to the capital project accounts ATTACHMENT Attachment "A" - Engineering Services Qualified Firms List 36 ITEM NUMBER A-3 DATE. 10/28/08 Attachment "A" CITY OF ATASCADERO ENGINEERING SERVICES - QUALIFIED FIRMS LIST OCTOBER 2008 EDA P O Box 1829 San Luis Obispo, CA 93406-1829 Ph 549-8658 Fx: 549-8704 North Coast Engineering 725 Creston Road, Suite B Paso Robles, CA 93446 Ph 239-3127 Fx: 239-0758 Triad/Holmes Associates 555 Chorro Street, Suite A San Luis Obispo, CA 93405 Ph 544-8908 Fx: 544-8932 Tartaglia Engineering 7360 EI Camino Real, Suite E P O Box 1930 Atascadero, CA 93423 Ph. 466-5660 Fx: 466-5471 Cannon Associates 364 Pacific Street San Luis Obispo, CA 93401 Ph. 544-7407 Fx: 544-3863 Pavement Engineering Inc. 3485 Sacramento Drive, Suite A San Luis Obispo, CA 93401 Ph 781-2265 Fx: 781-2267 37 ITEM NUMBER A-3 DATE 10/28/08 Attachment "A" R. Thompson Consulting Inc. 7600 Morro Road Atascadero, CA 93422 Ph 462-1375 Fx: 462-2124 Freitas Plus Freitas 9011 Soquel Drive, Suite C Aptos, CA 95003 Ph 831-688-1168 Fx: 831-688-1218 Wallace Group 612 Clarion Court San Luis Obispo, CA 93401 Ph 544-4011 Fx. 544-4294 Rick Engineering Company 711 Tank Farm Road, Suite 110 San Luis Obispo, CA 93401 Ph 544-0707 Fx. 544-2052 Bethel Engineering 935 Riverside Avenue Paso Robles, CA 93446 Ph 227-0260 Fx: 227-0267 Penfield and Smith 210 East Enos Drive, Suite A Santa Maria, CA 93454 Ph 925-2345 Fx: 925-1539 `10 38 ITEM NUMBER A-4 DATE. 10/28/08 ■s■s ■ CADS Atascadero City Council Staff Report - City Manager's Office Consideration of Request from the Atascadero Main Street (AMS) - Permission to Install Brackets and Banners in the Downtown RECOMMENDATIONS: Council j 1 Approve the request from Atascadero Main Street (AMS) to grant them permission to install brackets and banners on the streetlight poles in the Downtown in the locations designated on the attached map, and, j2. Direct staff to have the Community Redevelopment Agency of Atascadero pay the required fee for the Administrative Use Permit. DISCUSSION The City has received a request from the Executive Director of the Atascadero Main Street (AMS) for the City Council to consider a proposal to allow streetlight post brackets and banners to be installed in the Downtown The specific locations requested are shown on the attached map, the x's are the streetlights not being considered, and the black dots are the streetlights being proposed The following list details the requested locations. • Parkside of East Mall between EI Camino Real and Palma (5 locations) • Parkside of West Mall between EI Camino Real and Palma (5 locations) • Entrada between EI Camino Real and Palma (10 locations) • Traffic Way between EI Camino Real and Palma (10 locations) • Palma between Traffic Way and West Mall (5 locations) AMS's purpose for the banners is to delineate the historic Colony District and provide color and movement in the Downtown The proposed banners would be two feet wide by four feet long, the same as the banners currently displayed on El Camino Real that are managed by the Chamber of Commerce The banners would hang from the Acorn style light fixtures, with the green poles, that now line the streets around Sunken Gardens and the Downtown (see Attachment 1 of this report) 3f ITEM NUMBER. A-4 DATE. 10/28/08 The City received a similar request in April of 2000 from the Chamber of Commerce The Chamber asked the City to participate in a joint program to install banner brackets along EI Camino Real on the taller PG&E Cobra light poles The City Council voted to contribute $3,000 00 for the installation of the brackets and the purchase of 35 banners, participate in the installation of the brackets, and waive the fee for the administrative hearing This program is ongoing and successful AMS proposes to purchase the banners, the mounting hardware, and pay to have the brackets installed utilizing Parking and Business Improvement Area (PBIA) funds that they have received from the City They plan on purchasing four sets of seasonal banners that would be rotated every three months Samples of possible banner designs are attached to this report. AMS would be responsible for scheduling, billing, installation, removal, and maintenance Also, AMS proposes to make some of the banner locations available to other organizations within the City via an agreement. Many of the street light poles referred to in this report are owned by PG&E. AMS would be required to contact PG&E to gain permission to install the proposed brackets on those poles. Also, an Administrative Use Permit will be required for this project. The fee for this permit, and required mailing, would be approximately $980 00 The permit will include conditions of approval The following is a partial list of those conditions • All banners will comply with all City requirements • The Atascadero Main Street will be responsible for overseeing the banner program in the Downtown • All banners will be kept in good repair and appearance • All banners must be professionally designed and manufactured • Banners will not be permitted to display any commercial messages, political endorsements or business names. • Banner messages will be restricted to the promotion of the City of Atascadero, special events, public activities, the Downtown District or seasonal decorations. The AMS has estimated the overall costs for this project will be $11,000 00 FISCAL IMPACT- None ALTERNATIVES: 1 Council could deny this request. 2 Council could approve this request with additional conditions 40 ITEM NUMBER. A-4 DATE. 10/28/08 ATTACHMENTS 1 Downtown area light fixture drawing 2 Map of downtown area streetlights proposed to be included in this project. 3 Samples of banner designs 41 r ATTACHMENT 1 REVISIONS APPROVALS DESCRIPTIONS BY DATE APPROVED 17.25" OPTIONAL OUTLET ACORN STYLE LUMINAIRE WITH 100 WATT HPS LAMP WITH DARK GREEN HOUSING AND BUD FINIAL. WASHINGTON POSTLITE/HOLOPHANE MODEL 3.5" I WAUIODHPMTN7N3 OPTIONAL BANNER POLE I I 12'-0" WASHINGTON STYLE CAST ALUMINUM POST WITH 17" DIAMETER BASE MOUNTING AND TAPERED SHAFT ANTIQUE STREET LAMP MODEL PA W17 12 2FGIUS-S ANDG 8'-0- SEE LIGHT POLE BASE DETAIL STANDARD DRAWING DA-2.2 5.5" OPTIONAIL OUTLET CONTACT CITY PWD TO DETERMINE IF OUTLET IS NEEDED CENTERLINE OF POLE ASSEMBLY SHALL BE 24"BEHIND ADJACENT CURBFACE DRAWN BY CITY OF ATASCADERO M•R W ENGINEERING DEPARTMENT DRAWING NO DESIGNED BY 7 11/06 DOWNTOWN AREA LIGHT FIXTURE DA- 2A FILE NAME. DA-21 DWG 42 ATTACHMENT 2 At , r •,�'. its ry VA pis is� aG�:` .F� � �j .yN, � �• ` $gg Las , All � .,4••, ''�}�.�'`u?.. ,.4 . f § Adv 04 wo IP lop ` Ilk •i esu '�. ,10 Al- 43 �TACII'14ANT2 . . . ■� � . � � � ... I � .. . _> . . �+t:Axa/yam � . : /y y ° : < . . . . i � ; � 45 �a n« � 6 y, 5` 46 s x"- am p F� Ito rot X- { nQ ITEM NUMBER: A-5 DATE. 10/28/08 Atascadero City Council Staff Report — Public Works Department Temporary Road Closure Atascadero Main Street - Winter Wonderland RECOMMENDATION. Council approve a request by Atascadero Main Street for road closures for Winter Wonderland on December 12, 2008 DISCUSSION Atascadero Main Street is requesting the closure of East Mall, West Mall and Entrada Avenue from EI Camino Real to Lewis Avenue and Palma Avenue from Traffic Way to East Mall as indicated on the attached map Closures have been timed to accommodate school traffic FISCAL IMPACT $220 00 for the installation of Road Closed signs by Public Works Staff ATTACHMENTS Road Closure Map 49 ITEM NUMBER A-5 DATE 10/28/08 4 + + A M Road Closure Request December 12, 2008 Winter Wonderland Atascadero Main street Entrada Avenue Palma — Traffic Way to West Mall West Mall to East Mall 1200pm to1030pm East Mall — ECR to Lewis Avenue West Mall — ECR to Lewis Avenue 330pm to103Opm 140) 50 ITEM NUMBER. C- 1 DATE. 10/28/08 ray, r f is�s r y r s Atascadero City Council Staff Report - Public Works Department Central Coast Regional Water Quality Control Board Stormwater Management Plan (SWMP) Update RECOMMENDATION- Council receive and file this report. BACKGROUND At the September 23, 2008 City Council meeting, staff provided the City Council with an overview of the Central Coast Regional Water Quality Control Board's (RWQCB) requirements for the City's revised Storm Water Management Plan This report is attached (Attachment A) The City Council continued this item as they requested additional information from the City Attorney regarding the requirements and the potential liability the City could incur On October 14, 2008 Staff provided a supplemental report regarding activities of other cities in the Board's jurisdiction (Attachment B) The City Attorney also provided a supplemental report regarding the Council's previous questions concerning the City's potential liabilities (Attachment C) Staff has met with RWQCB staff regarding an extension for submitting the city's SWMP An extension would provide more time for the City to rewrite the plan and involve members of the public in the process On October 17, 2008, staff submitted a letter to the RWQCB formally requesting an extension through March 3, 2009 (Attachment D) If an extension is granted, staff will immediately begin revising the City's SWMP and begin a public review process FISCAL IMPACT None 51 ITEM NUMBER. C-1 DATE 10/28/08 ATTACHMENTS . 4w-t' ! Attachment A September 23, 2008 Staff Report on RWQCB Storm Water Management Plan and NPDES Phase II Attachment B October 14, 2008 Supplemental Report Attachment C October 14, 2008 Supplemental Report - City Attorney Attachment D Letter to Roger Briggs of the RWQCB yjAk . . E.max. a= v T 1a, 7ow . 52 ATTACHMENT A 9-23-08 Staff Report n IS 1978 Atascadero City Council Staff Report - Public Works Department Regional Water Quality Control Board (RWQCB) Storm Water Management Plan NPDES Phase II RECOMMENDATION Council direct staff to file the 2004 Storm Water Management Plan (SWMP) with the Central Coast Regional Water Quality Control Board (RWQCB) with language that the City will conduct a future process to attempt to incorporate the Board's February 15, 2008 revised standards to the extent practicable for this community REPORT-IN-BRIEF During this past year, the Central Coast Regional Water Quality Control Board (RWQCB) has taken two actions that affect the City of Atascadero The first is to amend the Basin Plan The Basin Plan update includes a number of new onsite wastewater (septic system) regulations, one of which requires the City to develop a Septic System Management Plan The second action requires Storm Water Management Plan (SWMP) revisions The actions differ in that the Basin Plan changes affect onsite wastewater systems (septic systems) while the SWMP changes affect the City owned storm water system Both actions will require the allocation of additional City resources Staff plans to update the Council on the Basin Plan at a future meeting This report focuses on the RWQCB's latest request for revisions to the City's SWMP City staff has been working to prepare a SWMP since 2003 The City of Atascadero originally submitted a draft SWMP in 2003, but like most other Central Coast cities, the SWMP was not approved by the RWQCB In February 2008, the RWQCB issued a letter regarding the processing of SWMPs The letter included four new regulations that would need to be incorporated into the City's SWMP prior to being approved These four requirements are in addition to the six minimum storm water pollution control measures that are required by the federal National Pollutant Discharge Elimination System (NPDES) Phase II regulations The City is required to amend its draft SWMP and secure RWQCB approval by March 2009 City staff is requesting Council direction on how to proceed with the SWMP 5� V ATTACHMENT A 9-23-08 Staff Report DISCUSSION , What is NPDES, what does it do, and how is it enforced? The NPDES program was established under the Federal Clean Water Act in 1977 to protect and restore surface waters of the United States Surface waters include wetlands, lakes, creeks, and rivers The enforcement of NPDES is delegated by the Federal government to the states The California State Water Resources Control Board (State Board) is responsible for State implementation of NPDES The State Board, a regulatory state agency, and the nine RWQCBs coordinate implementation throughout California. The RWQCB that oversees Atascadero is Region 3 - Central Coast Regional Water Quality Control Board Our RWQCB covers a six-county area, including San Luis Obispo County, Santa Barbara County, Monterey County, San Benito County, Santa Clara County and Santa Cruz County The RWQCB is composed of nine officials that are appointed by the Governor and serve four-year terms The RWQCB appoints an Executive Officer who is responsible for day to day operations and enforcement of regulations How do Storm Water Management Plans (SWMP) relate to NPDES and what do the plans cover? A SWMP is required for every City and County in the State as part of NPDES Phase II NPDES was implemented in two phases depending on the size of agencies Phase I required agencies with populations over 100,000 to comply NPDES Phase II required cities smaller than 100,000 in population to comply SWMPs define strategies and provide guidelines for the protection of water quality and the reduction of pollutant discharge Prior to the Region 3 RWQCB's additional regulations, a SMWP was required to address six minimum requirements 1 Public Education 2 Public Participation 3 Illicit Discharge Detection and Elimination 4 Construction Site Storm Water Runoff Control 5 Post Construction Storm Water Management 6 Pollution Prevention/Good Housekeeping for Municipal Operations What Process has the City followed to prepare a SWMP? In February, 2002, the City Council directed staff to begin development of a SWMP as required by NPDES Phase II The City retained URS Inc , to assist staff in drafting the plan In March 2003, the City Council directed staff to submit the SWMP to the RWQCB The RWQCB reviewed the plan and requested a number of revisions The City was working earnestly to get the SWMP plan approved By December 2004, the City and RWQCB had completed three re-submittal cycles of the SMWP and responded to comments from the RWQCB 54 ATTACHMENT A 9-23-08 Staff Report Shortly after December 2004, RWQCB staff indicated that the City of Atascadero's *""' Storm Water Plan adoption would be delayed because of problems with staffing and heavy opposition to other cities' plans from environmental groups Coincidentally, the City of Paso Robles' SWMP, which had been submitted in the same timeframe as Atascadero's, was approved The City's draft SWMP remained under review with the RWQCB for several years Staff did not receive any further comments from the RWQCB until November 2007 In November 2007, the RWQCB notified Atascadero and other agencies that a new timeline and process for adopting the outstanding SWMPs would be imposed The new process .and timeline was presented and approved at the RWQCB meeting on December 7, 2007 At this meeting many agencies were concerned about the lack of detail provided in the Board's staff report regarding the four additional SWMP requirements imposed by the local RWQCB On February 15, 2008, RWQCB staff notified the City of Atascadero and other cities of the new requirements and timeline for Storm Water Plan adoption (refer to Attachment 1) The letter included four new requirements that are likely to have a major impact on Atascadero's future development and "housekeeping" practices What are the new requirements being imposed by the RWQCB? Listed below is a summary of the four new RWQCB requirements that were released in the February 15, 2008 letter (refer to attachment 1 and 2) 1 Maximize infiltration of clean storm water, minimize runoff volume and rate. The RWQCB believes that excess storm water is a problem for streams and creeks According to the RWQCB, excess water may cause erosion of stream banks and down cutting of stream beds Therefore, the RWQCB is requiring agencies to modify development practices to retain the same amount of water onsite post-development as occurred prior to development. The City currently requires the rate of stormwater run-off to be maintained at pre-development levels but does not restrict the quantity of run-off The proposed changes would restrict the quantity of run-off to pre-development levels This represents a change in the thinking and design of how stormwater has been handled for decades In order to comply with this requirement projects will likely have to incorporate onsite retention systems and utilize other means such as porous paving materials which will allow stormwater to permeate back into the site 2 Protection of riparian areas, wetlands and their buffer zones. The RWQCB is requiring agencies to determine and implement appropriate setbacks to riparian areas, creeks, and wetlands It is not clear exactly which waterways would be affected by this requirement. It appears that the minimum setbacks could be greater than those currently adopted by the City's General err Plan 55 ATTACHMENT A 9-23-08 Staff Report 3 Minimize pollutant loading The RWQCB is requiring agencies to incorporate Best Management Practices (BMP) into SWMPs that will minimize the discharge of pollutants affecting creeks and streams For example, the City will need to incorporate specific BMP that will address low dissolved oxygen and pathogens into Atascadero Creek. This requirement will likely require modifications to the City's existing stormwater drainage system that may result in expensive modifications, maintenance and retrofits 4 Provide long-term watershed protection Agencies are required to develop plans to control watershed impacts, also known as hydromodification The RWQCB desires that watersheds contain no more than 3-10% impervious surfaces (paving) This means that the City will have to develop plans and requirements that limit new and redevelopment impacts on storm water runoff volume in creeks and watersheds through site design and limitations on lot coverage These requirements are complicated and the boundaries of the watershed are not clearly delineated Due to the unique nature of Atascadero's topography which includes several valleys, creeks, and riparian areas, the City could potentially contain multiple watersheds Since many parts of Atascadero already exceed the 5% threshold, this rule is likely to clog ent practices and redevelopment. It is not clear how this rule Will affect compact infill development Iwo, like the City encourages Downtown Additionally, the cost of complying with these new requirements is not known What is the timeline for approving/enacting new SWMP? The timeline provided by the RWQCB is provided below- Table 1, Water Board Timeline Task Date Phase I Water Board Assessment of July 8, 2008 Water Quality Challenges Phase II City Finalization of Draft SWMP and Water Board Staff and September 17, 2008 Public SWMP Review Phase III City SWMP Redraft October 29, 2008 Phase IV Water Board staff Final November 19, 2008 Review and Postingof SWMP Phase V Water Board Action (if March 20, 2009 needed 56 ATTACHMENT A 9-23-08 Staff Report In essence, the Board is giving cities 60 days from the date comments are provided by ,%WWI RWQCB staff to complete the revised SWMP While this may seem like an appropriate amount of time, staff has had concerns that once comments are received, this does not allow for adequate time to analyze the specific impacts of these regulations on the community and then have time for public comment, workshops and deliberation As of the date of this report, the City has yet to receive comments on the previously submitted 2004 SWMP, and therefore it has been difficult to draft a revised plan In the meantime, the timeline continues to move forward Subsequently, staff requested an extension in order to have time to receive comments from the Board, study the impacts of the new regulations, and have a public process to consider impacts of the SWMP A letter was received from RWQCB staff on August 12, 2008 (see Attachment 3), that denied the City's request for additional time Staff has submitted a letter requesting reconsideration of the RWQCB's time extension denial Nw.r 57 ATTACHMENT A 9-23-08 Staff Report What Are Other Cities Doing? Atascadero is not the only agency facing the imposition of the four new requirements Twenty-four agencies in the RWQCB jurisdiction are facing the same requirements The following chart outlines several other agencies and their actions taken to date Submitted December 2004 Draft for initial Water Board review Staff will be responding to the Water Board Atascadero March 2009 based on City Council direction. The Water Board has notified staff that comments will be provided to the City based on the 2004 draft and the City is still required to address the four additional requirements. Submitted Draft in August 2008. The CSD's plan Templeton CSD March 2009 addresses facilities they own. The County of San Luis Obis o's plan covers the rest of the town. The Water Board has notified the City that they will be Paso Robles* Approved 2004 addressing the four additional requirements during their next Storm Water Plan update in 2009. The Water Board has notified the County that they will be County of San Luis Obispo` Approved 2008 addressing the four additional requirements during their next Storm Water Plan update in 2012. The City resubmitted its Storm Water Plan in September 12, 2008 for initial Water Board Review The City has addressed the four additional requirements by either City of San Luis Obispo April 2009 telling the Water Board they already have standards that address the Water Board's concerns (LID and riparian setback standards), or offering to do study's and report back to the Board in three years to present options H dromodification Plan). The plan has made it through the appeal period and was approved in early September The City City of Santa Maria September 2008 responded to the Regional Board saying that they would study the issues brought up in the February 15 letter and report back to the Regional Board in two ears. Lompoc and the Building Industry Association has appealed the Storm Water Plan approval to a Full Water Board Hearing. The City of Lompoc was required to City Lompoc October 2008 submit a Storm Water Plan prior to the RWOCB's July 10, 2008 letter which relaxed requirements that Lompoc previously addressed. The City has re-submitted to the Regional Board on September 5, 2008. The City revised their Storm Water City of Morro Bay April 2009 Plan to be similar to the County of San Luis Obispo Storm Water Plan. The City's Storm Water Plan will now be subject to a sixty day review before final approval. A hearing will be held if any person or agency requests one. *The City of Paso Robles and San Luis Obispo County already have approved Storm Water Plans. Agencies with approved Storm Water Plans will be required to address the four additional measures when their Storm Water Plans are up for their five year review clr ti <�,l, d'v i.ijkii'} ­,YT�.: 58 ATTACHMENT A 9-23-08 Staff Report How Should the City Respond to the RWQCB's New Requirements? Staff is very concerned about the RWQCB's four new SWMP requirements. In addition, the RWQCB has provided a short timeframe to analyze and integrate the requirements into the City's draft SWMP Staff is also concerned that the short timelines have limited the opportunity for public participation in the SWMP process Staff has reviewed the approach of neighboring cities to comply with SWMP requirements The City of Santa Maria has submitted its SWMP with a provision that they will review and incorporate standards that implement the new requirements in the next two years It is staff's understanding that the RWQCB has approved Santa Maria's SWMP Therefore, staff is proposing Atascadero resubmit the SWMP with a provision agreeing to review and study these issues in the future The approach would allow time for adequate staff analysis and public participation regarding these four new requirements. What Alternatives Are Available to the City? 1 The City does not File a Timely SMWP It is staff's understanding that if the City's SWMP is not submitted by November 19, 2008, RWQCB staff will unilaterally insert the new requirements into the City's plan and they will then be in effect. RWQCB staff's action could be appealed at the RWQCB Board meeting of March 20, 2009 2 Incorporate the Four Requirements into the SWMP Council could direct staff to begin a thorough evaluation of the four additional requirements and return to the City Council for approval of a plan that fully complies with the latest RWQCB plan requirements Staff would need to hire a consultant to assist with this effort and begin a public participation process Staff does not think this could be accomplished before the November deadline 3 Resubmit the existing SWMP The City could resubmit the existing 2004 SWMP without modification Staff would expect the RWQCB to reject this plan and unilaterally add the four requirements This alternative likely has the same end result and Alternative 1 above In addition, the Council could direct staff to A. Seek Legislative Relief The City could approach its legislators to have laws written or changed to provide relief from the four additional requirements This option would be time consuming and require significant staff resources B Seek Judicial Relief- The City could challenge the requirements and the process in court. This option would be time consuming and expensive with significant City Attorney time vow required 59 ATTACHMENT A 9-23-08 Staff Report r.r+ FISCAL IMPACT The long term fiscal impact is unknown at this time but could be significant. Staff is estimating the consultant costs will likely range between $30,000 and $50,000 to study the impacts of the new requirements and prepare a compliant SWMP ATTACHMENTS 1 RWQCB staff's February 15, 2008 Letter 2 RWQCB staff's July 10, 2008 Letter 3 RWQCB staff's August 12, 2008 Letter— denying time extension request r.rr s 60 ATTACHMENT A 9-23-08 Staff Report Attachment 1 err RWQCB's February 15, 2008 process letter 0 California Regional Water Quality Control Board Linda S.Adams Central Coast Region Agency SecrelaryhwaArnoldrnenwa d nxne�er Intemel Address:htip://www.waterbmd$.ca.8ovIC=balcoast or 895 Acrovista Piam Saito 101,San Luis Obispo,Caliromia 93401-7906 Phone(805)549-3147 FAX(805)543-0397 February 15 2008 «AddressBlock» «Ag encyMail i ngAdd ress» «AgencyCityo CA(AgencyZip)) GreetingLiner> Notification to Traditional,Small MS4s on Process for Enrolling under the State's General NPDES Permit for Storm Water Discharges Introduction As Executive Officer of the Regional Water Quality Control Board, Central Coast Region (Water Board), I am writing to notify you of the Water Board's revised process for enrolling traditional, small Municipal Separate Storm Sewer Systems (M84s) under the State's General Permit No. CAS000004 (General Permit). Water Board staff have identified you as an entity that owns or operates an MS4 so you must enroll in the General Permit and develop and implement a Storm Water Management Program(SWMP). This letter describes the SWMP approval process and our expectations regarding the content of your SWMP to comply with the General Permit,and provides you with the schedule Water Board staff intend to follow for review of your SWMP and enrollment of your MS4 under the General Permit. Staff will communicate further with you as your enrollment cycles begin,to establish specific schedules for the five phases leading to enrollment. Water Board staff will evaluate your SWMP for compliance with the General Permit requirements, including the Maximum Extent Practicable standard, and as appropriate will approve the SWMP and enroll you in the General Permit. If requested,Water Board staff will schedule a public hearing before the Central Coast Water Board for consideration of an individual SWMP The Water Board's revised enrollment process is a fundamental shift from the way we have reviewed and approved SWMPs to date. The revised enrollment process eliminates the multiple SWMP review/edit iterations and negotiations that characterized our previous approach. For SWMPs that do not meet the schedule and content described here for General Permit compliance, staff will draft specific resolutions or individual permits for Water Board consideration that will protect water quality beneficial uses,and the biological and physical integrity of watersheds. Enrollment Process and Schedule Water Board staff grouped the 24 remaining un-enrolled traditional MS4s Into eight enrollment cycles (Table 1). Each cycle spans a period of 33 to 38 weeks and concludes, on the projected date, with Water Board approval of individual SWMPs and enrollment of the MS4s under the General Permit. Each enrollment cycle includes five time-limited phases requiring specific actions by both Water Board staff and the MS4 (Table 2). The precise timing and duration of each phase is subject to California Environmental Protection Agency Regvkd Paper �r 61 ATTACHMENT A 9-23-08 Staff Report Iw of «First—Name»alast—Namev 2 February 15,2008 change; Water Board staff will develop specific schedules at the commencement of each enrollment cycle. Table 1 Enrollment Cycles for Attachment 1 and 2 MS4s Projected Projected Projected Cycle MS4 Group Group Members Start tate for Off xe� tive Board SWMP Enrollment Cycle A royal Approval 1 Santa Maria/Lompoc Santa Maria Jan.22,2008 July 28,2008 Sept.5,2008 Lompoc San Luis Obispo 2 Coastal Santa Barbara Goleta Jan.29,2008 September 2, Oct.17 2008 County Carpinteria 2008 Santa Barbara Santa Barbara UC Santa Barbara 3 Santa Cruz Mountains Santa Cruz County Mid February 2008 October 20, Dec.5,2008 and Coast Capitola 2008 San Luis Soquel Obispo Aptos Ben Lomond Boulder Creek Live Oak Felton Coralitos Watsonville City of Santa Cruz Scotts Valley UC Santa Cruz 4 Coastal San Luis Arroyo Grande Mid April 2008 January 2009 2009—1 Obispo County Grover Beach Quarter Pismo Beach San Luis Oceano Obispo Morro Bay Ba ood—Los Osos 5 Upper Salinas King City Early June 2008 February2009 2009—1 Templeton Quarter Atascadero I Salinas 6 City of San Luis Obispo City of San Luis Early September April 2009 2009-2— Obispo 009-2Obispo 2008 Quarter San Luis Obispo 7 Upper Pajaro Gilroy Early November August 2009 2009—T'- San Martin 2008 Quarter Santa Clara Watsonville 8 Santa Ynez Buellton Mid November August 2009 2009—3` Solvang 2008 Quarter Vandenberg AFB San Luis Obispo 1 Board approval only required if a hearing is requested by stakeholder Cal forma Environmental Protection Agency Recycled Paper 62 ATTACHMENT A 9-23-08 Staff Report d aFirst Name»«Last—Name» 3 February 15,2008 Table 2: Phases of MS4 Enrollment Cycle Duration weeks Phase I:Water Board Staff Assessment of Water Quality Challenges Water Board staff: Assess available water quality information Accept input from stakeholders on water quality conditions 3-4 Prepare and transmit to MS4 staff a statement of current knowledge of water quality challenges that must be addressed by SWMP Phase II:Water Board Staff SWMP Review Water Board staff: Review SWMP and"red-lines"text 3-4 Send red-tined SWMP and tetter ex lainin re uirements to MS4 Phase lll:MS4 SWMP Redraft MS4 staff re-draft SWMP and post for Public Review 6 Phase IV-Water Board Staff Final Review and Posting of SWMP Water Board staff review SWMP 2-4 Water Board staff post SWMP and table of required revisions for Public Review a Water Board staff respond to public comment and EO approves SWMP 3-4 Phase V,Water Board Action if hearing requested) Water Board staff prepare Staff Report with recommendation and resolution for 2 SWMP approval Water Board Staff: Post Staff Report with Board Agenda for Public Review Respond to additional public comment 6 Prepares Presentation for Hearing Conduct internal review up to Board Meeting Total 33 to 38 Communication Clear and open communication between Water Board staff,MS4 staff and stakeholders is vital to the success of this enrollment process. Also, the Phase II General Permit requires public participation as a component of developing and implementing successful stormwater management programs for MS4s. To comply with the General Permit,you must verify that you have achieved broad and timely distribution of announcements of scoping meetings, draft stormwater program documents, and local agency actions on stormwater program activities when you submit your SWMP for Water Board staff review Water Board staff are committed to ensuring that the enrollment process proceeds with open communication. Staff will employ a list-serve(email notification)for notifying all interested parties of important milestones in each enrollment cycle. Water Board staff will also maintain an MS4 enrollment tracking webpage where staff will post relevant documents and indicate the status of each MS4 in the enrollment process. Additionally an individual Water Board staff person will be assigned to each enrollment cycle. We request that you also identify an individual to serve as point of contact representing your M84 with whom we will communicate during the enrollment process. You must identify your point of contact when Water Board staff contact you to initiate your enrollment cycle. California Environmental Protection Agency Recycred Payer 63 ATTACHMENT A 9-23-08 Staff Report aFirst Namep«Last_Namea 4 February 15,2008 Central Coast Water Board Expected SWMP Content The federal Clean Water Act(CWA)provides that National Pollutant Discharge Elimination System (NPDES) permits for MS4s must require municipalities to reduce pollutants In their stormwater discharged to the Maximum Extent Practicable(MEP)(CWA§402(p)(3)(B)). The California Water Boards have established the meaning and application of this standard through several adopted stormwater permits(the MEP standard is the same for Phase I and Phase II municipalities)' The Water Board implements the General Permit to be consistent with its Water Quality Control Plan (Basin Plan)to ensure protection of water quality beneficial uses, and the biological and physical integrity of watersheds according to the issues in the Regions. Your SWMP must include an array of Best Management Practices (BMPs), including the six Minimum Control Measures listed in the General Permit,to achieve the following conditions: I. Maximize infiltration of clean stormwater and minimize runoff volume and rate II. Protect riparian areas,wetlands,and their buffer zones III. Minimize pollutant loading;and IV Provide long-term watershed protection I.Maximize Infiltration of clean stormwater,and minimize runoff volume and rate. Water Board staff expect your SWMP to present a schedule for development and adoption of control standards for hydromodification. For SWMP adoption, staff will recommend to the Water Board the following interim requirements, which would apply until such time that you develop acceptable control standards for hydromodification: • For new and re-development projects, Effective Impervious Area' shall be maintained at less than five percent(5%)of total project area. • For new and redevelopment projects that create and/or replace 5,000 square feet or more of impervious surface, the post-construction runoff hydrographs shall match within one percent (1%) the pre-construction3 runoff hydrographs, for a range of events with return periods from 1-year to 10-years. • For projects whose disturbed project area exceeds two acres,preserve the pre-construction drainage density (miles of stream length per square mile of watershed)for all drainage areas serving a first order stream' or larger and ensure that post-project time of concentration is equal or greater than pre-project time of concentration. These interim requirements must be implemented for all applicable projects subject to your discretionary approvals within six (6) months of your enrollment in the Phase II permit. Your schedule for development and adoption of your own control standards for hydromodification must include: • Numeric criteria for controlling stormwater runoff volume and rates from new and redevelopment. 'Several stormwater permits adopted by different Regional Boards have been legally challenged. All have been upheld by the State Water Resources Control Board and the courts. The Water Boards have broad authority to regulate stormwater and land use activities that result in discharges to waters of the Stale. Urbanization is one the most Important land use activities affecting water quality beneficial uses,and the physical and biological Integrity of watersheds in the Central Coast Region. 'Effective Impervious Area is that portion of the Impervious area that drains directly to a receiving surface waterbody via a hardened storm drain conveyance without first draining to a pervious area. In other words, impervious surfaces tributary to pervious areas are not considered Effective Impervious Area. 3 Pre-construction condition is defined as undeveloped soil type and vegetation. 4 A first order stream is defined as a stream with no tributaries. California Environmental Protection Agency (� R­) Id Paper lose 64 ATTACHMENT A 9-23-08 Staff Report «First_Nameb«Last_Name» .5- February 15,2008 • Numeric criteria for stream stability required to protect downstream beneficial uses and prevent physical changes to downstream stream channels that would adversely affect the physical structure,biologic condition,and water quality of streams. • Specific applicability criteria,land disturbance acreage thresholds,and exemptions. • Performance criteria for control BMPs and an inspection program to ensure proper long term functioning over • Education requirements for appropriate municipal staff on hydromodification and Low Impact Development. You must include an effective strategy to control hydromodification, or Water Board staff will recommend to the Water Board requirements in the resolution approving your SWMP and enrolling you in the Phase II permit. 11.Protect riparian areas,wetlands,and their buffer zones: Your SWMP must include BMPs and/or other control measures to establish and maintain a minimum 30-foot buffer zone for riparian areas and wetlands6 The buffer zone is a protective area that is undisturbed to the maximum extent practicable. Your SWMP must Include consideration and prioritization of local conditions, such as habitat degradation, water quality, and land management practices, and apply more substantial buffer zones where necessary to protect riparian areas and wetlands. You must include an effective strategy to adopt and implement protection of riparian areas, wetlands, and their buffer zones, or Water Board staff will recommend to the Water Board requirements In the resolution approving your SWMP and enrolling you in the Phase II permit. 111.Minimize Pollutant loading Your SWMP must include BMPs and/or other control measures to minimize pollutant loading, including volume- and/or flow-based treatment criteria. Your SWMP must include consideration and prioritization of local conditions,such as existing pollutant loading,water quality 303(d)listed impaired waters, pollutants of concern,habitat degradation,and land management practices,and apply more stringent control measures where necessary to minimize pollutant loading. You must include an effective strategy to reduce pollutant loading, or Water Board staff Will recommend to the Water Hoard requirements in the resolution approving your SWMP and enrolling you in the Phase II permit. IV.Provide long-term watershed protection You must Include In your SWMP a strategy to develop watershed based hydromodification management plans. These plans should incorporate Low Impact Development strategies with the goal of Post Construction Storm Water Management to achieve an Effective Impervious Area of no more than three to ten percent(3—10%)of watershed area within your jurisdiction,depending on local conditions. The requirements listed above are often characterized as hydromodification controls, or Low Impact Development. These terms are related and their meanings overlap. These requirements are necessary to ensure protection of water quality,beneficial uses,and the biological and physical integrity of watersheds and aquatic habitat. You can reference information on hydromodification controls and Low Impact Development principles on the Central Coast Water Board's website: s The Central Coast Water Quality Control Plan(Basin Pian)requires protection of riparian and wetland habitat and their buffer zones(Basin Plan,Section V.G.4). California Environmental Protection Agency Gd JZ-yakd Paper 65 ATTACHMENT A 9-23-08 Staff Report sFirst_Name»«Last Namen -6- February 15,2008 http://www waterboards.ca.(Iovtcentralcoast/storrnwater/low%20impact%20devel/lid index.htm. Evaluation of Program Effectiveness and Progress toward Water Quality Goals Because MEP is a dynamic performance standard which evolves over time as stormwater management knowledge Increases, MS4 managers must continually assess and modify their programs to incorporate improvements in control measures and BMPs to achieve MEP Therefore, your SWMP should contain a detailed plan for evaluating its effectiveness and progress toward complying with the General Permit. Your SWMP must also explain how you will communicate evaluation results with stakeholders, Your evaluation plan should include quantifiable measures for evaluating the effectiveness of the program and be based on the following objectives: • Assess compliance with requirements of the General Permit Including: Inspection Programs Construction Site Controls Elimination of unlawful discharges New development and redevelopment requirements • Verify that BMPs are being implemented (e.g., all new applicable developments meet hydromodification control requirements described above and as further described in your SWMP); • Assess the chemical, physical, and biological impacts on beneficial uses caused by pollutants of concern in stormwater discharges; • Characterize watersheds and stormwater discharges; • Identify sources of pollutants;and • Evaluate long-term trends in receiving water quality Conclusion Please become familiar with the schedule for the enrollment cycle for your MS4 and the steps in the enrollment process. When Water Board staff contact you to initiate your enrollment cycle, please provide us with contact information for the individual that will be representing your MS4 Please begin updating or preparing your SWMP to include the following as explained in this letter• • Hydromodification controls for new and redevelopment; • Protection of riparian and wetiand habitat and their buffer zones; • Minimization of pollutant loading; • Provision of long-term watershed protection;and • Evaluation of program effectiveness. Your SWMP must be specific and must include:well-defined BMPs and other actions that you will implement, schedules, measurable goals, and measures to determine the effectiveness of your program. If your SWMP is not comprehensive or lacks specificity I will not approve It,and Water Board staff will draft a resolution or an individual permit for consideration by the Water Board at a hearing. I am clarifying the Water Board's revised enrollment process and SWMP content and requirements to speed up approval of SWMPs for MS4s in the Central Coast Region that will protect water quality beneficial uses, and the biological and physical integrity of watersheds. I am also committing staff time to regulate MS4s and provide technical and financial assistance to municipalities for stormwater management programs. California Environmental Protection Agency t�tedra�. .1 66 ATTACHMENT A 9-23-08 Staff Report «First—Name))ailast—Name)) 7 February 15,2008 The Proposition 84 Storm Water Grant Program funds may be used to provide matching grants to local public agencies for the reduction and prevention of stormwater pollution of rivers, lakes,and streams. A total of approximately $82 million will be available for matching grants. A scoping meeting to answer questions and to solicit input will be held at our office in San Luis Obispo on Monday March 3,2008,from 1:00—4:00 PM. For more information on the Proposition 84 Storm Water Grant Program and workshops, visit the State Water Board's website at: http:t/www.waterboards.ca.gov/funding/propa4.htrnl. I anticipate you will have questions about this letter and the expected content of your SWMP Please contact us. Our lead staff for this enrollment process is Dominic Roques, drogues&waterboards.ca.gov or at(805)542-4780. Sincerely (7--z-j 1�� Roger W Briggs Executive Officer W:\Storm WaterlMunicipal\Phase If MSAIVIS4 Enrollment StrategleslMS4 Notification LthPhasellNotifications2-12-08.doc California Environmental Protection Agency 'Gd Recycled Paper �I 67 ATTACHMENT A 9-23-08 Staff Report Attachment 2 RWQCB's July 10, 2008 process letter la, California Regional Water Quality Control Board Linda S.Adams Central Coast Region ArnoldSchwarsenegger en A Secrem $ � ,Y Internet Address:http://www.waterhoazds.ea.gov/centralcoast Gorrrror 995 Aerovista Place,Suite 101,San Luis Obispo,California 93401-7906 Phone(805)549-3147 FAX(805)543.0397 July 10 2008- David Athey City of Atascadero 6907 EI Camino Real Atascadero,CA 93422 Dear David Athey FOLLOW UP TO NOTIFICATION TO TRADITIONAL, SMALL MS4s REGARDING PROCESS FOR ENROLLING UNDER THE STATE'S GENERAL NPDES PERMIT FOR STORMWATER DISCHARGES On February 15 2008, 1 sent a letter to you with my expectations regarding the content of Storm Water Management Plans (SWMPs), and an explanation of our process for enrolling traditional, small Municipal Separate Storm Sewer Systems (MS4s) under the State's General Storm Water Permit. This letter responds to feedback we received regarding my February 15 letter and is a follow up to the meetings we have had with several municipalities. This letter presents: • An example approach for including quantifiable measures of healthy watersheds in stormwater management programs • Additional time for developing interim hydromodification criteria • Reiteration of our authority to provide expectations for SWMP content • The current status of the enrollment process • The availability of technical and financial assistance My February 15 letter emphasized that SWMPs must include BMPs to achieve the following conditions, which are necessary to ensure protection of water quality beneficial uses, and the biological and physical integrity of watersheds and aquatic habitat: 1. Maximize infiltration of clean stormwater and minimize runoff volume and rate ll. Protect riparian areas,wetlands,and their buffer zones 111. Minimize pollutant loading;and IV Provide long-term watershed protection My February 15 letter specifically required your SWMP to include an "Evaluation of Program Effectiveness and Progress toward Water Quality Goals. This means that your SWMP must identify quantifiable measures to determine whether your stormwater program achieves the conditions (I-IV) above and any other water quality goals your SWMP is designed to achieve (e.g., pollution reduction). in my February 15 letter I included interim requirements for hydromodification control that could serve as quantifiable measures and that I considered adequate for recommending SWMP approval to our Board. California Environmental Protection Agency &cxled Paper 68 ATTACHMENT A 9-23-08 Staff Report David Athey 2 July 10,2008 Several responses to my February 15 letter requested that 1 consider different interim requirements for hydromodification control that could serve as quantifiable measures for recommending SWMP approval to our Board. This information is discussed in the next section on quantifiable measures, below We also received requests for additional time to align SWMPs with my expectations. This issue is discussed below under Additional Time for Developing Interim Criteria for Hvdrornodification. Finally some responses questioned our legal authority to base SWMP approvals on the expectations I presented in the Feb. 15 letter and claimed that they are not necessary for compliance with the State General Permit. This issue is discussed below under Legal Authority to Provide Expectations for SWMP Content. The list of goals above (listed as 1.through IV) includes our expectation that you"provide long- term watershed protection. This means that your SWMP must include a schedule (of BMPs)to integrate all stormwater management control measures into all aspects of land use planning and development (municipal plans, policies, ordinances, codes, conditions of approval, etc.) to attain/protect healthy watersheds. Municipalities must understand the specific water quality and watershed issues in their areas, such as pollutant loading, aquatic habitat degradation, types of land uses and their impacts, trends, and the cumulative effects from multiple municipalities in a watershed. Municipalities must plan comprehensively to define their future growth, including infrastructure and redevelopment, in the context of long-term watershed protection. I recommend that municipalities located in the same watershed work together and pool resources to define water quality and watershed scale issues, and assess watershed conditions, in a coordinated manner This type of collaborative approach is being used by almost 3000 farmers in our region, as they also learn how to comply with the Water Board's requirements to define and resolve water quality and watershed scale issues. Farmers in our region established a non-profit organization that coordinates and streamlines their compliance efforts,helps minimize costs, and helps disseminate information among farmers and between farmers and the Water Board We acknowledge the challenge this presents, and that it will take years for municipalities to learn how to incorporate and implement these changes beyond the project or site-specific scale It will take time to build the institutional capacity to do the work,and to measure results. Please see the section at the end of this letter on the availability of financial and technical assistance. An Example Approach for Including Quantifiable Measures of Healthy Watersheds in Stormwater Management Programs The attached information may help you develop quantifiable measures of healthy watersheds, including numeric criteria for hydromodification control and watershed protection controls. The information is not comprehensive, but provides examples to demonstrate how a control measure should be linked to, a) a desired condition(or goal), b)the parameter(s)that define the condition, and c)quantifiable measures that serve to evaluate performance of the control measure. We will use this type of approach to evaluate the control measures and quantifiable measures (including Interim criteria for hydromodification controls)in your SWMPs. We recognize that different Phase II communities are at different junctures in developing or Implementing their SWMPs and selecting quantifiable measures. Thus, the attached information may assist you in different ways; for example, it may assist your selection of interim hydromodification criteria, or it may help you improve your SWMP's measures of long-term performance. California Environmental Protection Agency �.J Recycled Paper {' 69 ATTACHMENT A 9-23-08 Staff Report David Athey 3- July 10,2008 Additional Time for Developing Interim Criteria for Hydromodification My February 15 letter stated that we expect you to implement our interim requirements for hydromodification control for all projects subject to your agency's discretionary approvals within six (6) months of your enrollment in the Phase II General Permit, i.e.,when your SWMP is approved by the Executive Officer or adopted by the Water Board. In response to the feedback we received, we are providing flexibility in three ways: 1) 1 am providing you an additional six (6) months, (to make it a full year),before you apply interim criteria for hydromodification control,2) 1 am willing to consider other hydromodification control criteria that you develop,if they are reasonably equivalent to those I specified in my February 15 letter and 3) 1 am willing to consider the applicability of hydromodification control criteria based on local conditions. Water Board staff's expectation is that within one year of enrollment under the General Permit,you will have adequate development review and permitting procedures to impose conditions of approval, or other enforceable mechanisms, to implement quantifiable measures (numeric criteria) for hydromodification control. Your SWMP must include a commitment and a schedule to develop any alternative interim criteria, should you choose to develop them. If you fail to develop alternative criteria acceptable to the Water Board you will be subject to our interim criteria as stated in the February 15 letter We are available to discuss hydromodification control measures (BMPs), acceptable numeric criteria for those controls,and the criteria for their application(applicability criteria). If you intend to develop your own interim criteria for hydromodification control, please include your schedule for developing the criteria in your SWMP and allow for a period of no less than three (3) weeks for Water Board staff to review the proposed criteria. Water Board staff will also consider economic factors in reviewing hydromodification control criteria and applicability criteria. To ensure our allowance of additional time does not come at a cost to watershed health, we propose that by our original six-month date,you inform property developers that,in the absence of established detailed criteria (interim or otherwise)for hydromodification control, you only approve and permit projects that incorporate substantive hydromodification evaluation and controls(that is, the developers can propose their own approach to meet the intent until detailed criteria are established). Legal Authority to Provide Expectations for SWMP Content As noted in my February 15 letter the federal Clean Water Act (CWA) provides that National Pollutant Discharge Elimination System (NPDES)permits for MS4s must require municipalities to reduce pollutants in their stormwater discharges to the Maximum Extent Practicable (MEP) (CWA §402(p)(3)(B)). The California Water Boards have established the meaning and application of this standard through several adopted stormwater permits (the MEP standard is the same for Phase 1 and Phase II municipalities)' The Water Board implements the General Permit to be consistent with its Water Quality Control Plan (Basin Plan) to ensure protection of water quality beneficial uses, and the biological and physical integrity of watersheds according to the issues in the Regions. The General Permit contemplates that low impact development will be a component of 'Several stormwater permits adopted by different Regional Boards have been legally challenged. All have been upheld by the State Water Resources Control Board and the courts. The Water Boards have broad authority to regulate stormwater and land use activities that result in discharges to waters of the State. Urbanization is one the most important land use activities affecting water quality beneficial uses,and the physical and biological integrity of watersheds in the Central Coast Region. California Environmental Protection Agency 'Gd Recycled Paper *4 ` 70 ATTACHMENT A 9-23-08 Staff Report David Athey 4- July 10,2008 SWMPs. See Fact Sheet to General Order at page 6. The General Permit also requires the SWMP to contain meas&atile goals, including, for exaitlple,'pdreent reduction in pollution load The General Permit has been in effect for nearly five years and the Central Coast Water Board expects that Phase If communities will have benefited from their own experience and other communities in developing a robust SWMP The General Permit expects Phase II communities to learn from Phase I communities in implementing MEP The February 15 letter did not require that each community include the specific recommendations, but rather stated that the Executive Officer would not approve a SWMP that does not include adequate low impact development BMPs and measurable goals. Our approach, including our February 15, 2008 letter is consistent with the General Permit, Current Status of Enrollment Process Since initiation of the new enrollment strategy several enrollment cycles have begun. Table 1 presents the status of the cycles. Please check our website for more specific scheduling information and notices for public comment periods. http://Www.swrcb.ca.gov/rwqcb3/Stcrmwater/index.htm Availability of Technical and Financial Assistance Several grant programs are currently available to provide matching grants to local public agencies to protect watersheds, reduce and prevent stormwater pollution, and implement LID planning and design principles and practices. These programs include California Proposition 84 Storm Water funds, California Proposition 1E Flood Prevention and Stormwater Management, and the US EPA West Coast Estuaries Initiative. I encourage you to pursue these grant opportunities. For more information specifically on the Proposition 84 Storm Water Grant Program and workshops,visit the mow' State Water Board's website at: http.,//www.waterboards.ca.gov/water issues/programs/grants loans/prop84/index.shtml You may also contact our grant manager Angela Schroeter at 805-542-4644 or at ASchroeterCaDwaterboards.ca.gov,regarding these grant opportunities. The Water Board is also providing partial funding for a Central Coast Low Impact Development Center The Center will assist municipalities, engineers, and developers to implement Low Impact Development on the Central Coast. We anticipate technical assistance will be available from the Central Coast LID Center office starting fall 2008. In the meantime,we encourage you to contact the LID Center of Maryland (http://www.lowimr)actdevelopment.org , as they have extensive experience in helping municipalities implement LID throughout the Unites States, including California. We also encourage you to contact other professionals who are qualified to implement LID and watershed protection, such as the Center for Watershed Protection (www.cwp.org and www.stormwatercenter.net), and The Center for Water and Land Use (http://extension.ucdavis,edu/unit/center for water and_land_use/about.asp) to use their many technical and educational resources(many of which are free). These services will help you create the institutional capacity to integrate all stormwater management control measures into all aspects of land use planning and development (municipal plans, policies, ordinances, municipal codes conditions of approval,etc.)to protect healthy watersheds. California Environmental Protection Agency Rec7ectedPaper {' 71 ATTACHMENT A 9-23-08 Staff Report r.rir+ David Athey -5 July 10,2008 Table 1 Status of Enrollment Cycles for Attachment 1 and 2 MS4s rojected 2rojected Projected tall Cycle MS4 Group Group Members 3tart Date for =xecutive Officer Board hone(805 nrollment Cycle WMP Approval Approval SWMP z rea Code) 1 Santa Maria Santa Maria Jnderway 0,ugust 11 2008 Sept.5,2008 Dominic San Luis Roques Obispo 2-4780 2 Coastal Santa Goleta Jnderway September 2,2008 Oct.17 2008 3randon Barbara County Carpinteria Santa Sanderson Santa Barbara Barbara 49-3868 UC Santa Barbara Lompoc(originally in Cycle 1 3 Santa Cruz Santa Cruz County Jnderway ebruary 2009 March 6, Phil Hammer Mountains and Watsonville 2009 49-3882 Coast City of Santa Cruz San Luis Scotts Valley Obispo UC Santa Cruz 4 Coastal San Luis Arroyo Grande Jnderway January 2009 2009- Tamara Obispo County Grover Beach Quarter Presser Pismo Beach San Luis 49-3334 Oceano CSD Obispo Morro Bay Los Osos CSD 5 Upper Salinas King City une 2008 February 2009 2009-t avid Innis Templeton Quarter 9-3150 Atascadero Salinas 6 City of San Luis City of San Luis Underway April 2009 2009-2" amara Obispo Obispo Quarter resser San Luis 49-3334 Obispo 7 Upper Pajaro Gilroy Early November August 2009 2009-3Dominic San Martin 2008 Quarter Roques Santa Clara I Watsonville 42 4780 8 Santa Ynez Bueliton Mid November August 2009 2009-3Dominic Solvang 2006 Quarter oques Vandenberg AFB San Luis 42-4780 Obispo Agencies, municipalities, and consultants are all on a learning curve with respect to stormwater management, LID implementation,and watershed protection. Water Board staff are not design or planning experts, and as with all of our requirements,we cannot legally tell those we regulate how to comply Municipalities must build their capacity to be able to comply with the Board's requirements. This includes hiring qualified personnel to develop and implement SWMPS, and providing the most up to date, relevant education on an ongoing basis. When relying on consultants, it is critical that you carefully consider the qualifications and experience of the professionals you retain. Many consulting firms are on the same learning curve as agencies and municipalities. 2 Board approval only required N a hearing Is requested by stakeholder California Environmental Protection Agency RecKled Paper 72 ATTACHMENT A 9-23-08 Staff Report David Athey 6- July 10,2008 If you have any questions regarding this letter please contact Dominic Roques at droguesto7.waterboards.ca.gov or at(805) 5424780. If you have any questions regarding the status of a particular enrollment cycle,please contact the staff person indicated in Table 7 Thank you for your commitment to developing a SWMP that will support healthy watersheds in the Central Coast Region. Sincerely (7---'* Roger W Briggs Executive Officer Cc: Hillary Hauser Heat The Ocean Steve Shimek,The Otter Project Kira Redmond,Santa Barbara ChannelKeeper Christine Sotelo,SWRCB Chris Crompton,California Stormwater Quality Association Jerry Bunin,Homebuilders Association of the Central Coast Attachment:An Example Approach for Including Quantifiable Measures of Healthy Watersheds for Stormwater Management Programs WAStcrmwater\ Stormwater Program) Municipal ProgramThase 11X154 Enrollment StrategiesWlS4 Notification LtAl'ollow-up LtrlFollowuptoFeb15Final dr.doc California Environmental Protection Agency tro Recycled Paper }` T . . 7' ATTACHMENT A 9-23-08 Staff Report Attachment 3 RWQCB's August 12, 2008 process letter California Regional Water Quality Control Board QW; Central Coast Region Linda S.Adams 895 Acrovista Place,Suite 101,San Luis Obispo,Califomis 93401-7906 Arnold Scbwarzenegger Secretaryfor (805)549-3147 Fax(805)5430397 Governor htip:/Avvvw.-waterboards.ca.gov/centralcowt Environmental Protection August 12, 2008 Steve Kahn City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Dear Mr Kahn ENROLLMENT SCHEDULE — STORM WATER MANAGEMENT PLAN; CITY OF ATASCADERO, SAN LUIS OBISPO COUNTY,WDID#3 40MSO4027 Central Coast Water Board staff David Innes met with you and David Athey on July 8 2008 to discuss the City of Atascadero's enrollment in the Municipal Stormwater low General Permit. The emphasis of your meeting wasto_, idule we e- mailed to you on June 24 2008. The schedule RIMOM our Board approved at the December 7 2007 hearing, my Notification to Traditional, Small MS4s letter dated February 15 2008 and my recent Follow-up letter dated July 10, 2008 The schedule provides a firm date for a March 2009 Board hearing, if requested, to consider approval of your Storm Water Management Program (SWMP) Our schedule requires you to submit a revised draft by August 13, 2008. However you won't meet this timeline because of your decision to present our requirements to your City Council in September before submitting revisions in October 2008 Atascadero is one of 24 communities participating in this enrollment process. As I emphasized in my February and July letters the current enrollment process has certain dates that each community must meet. The schedule staff provided reflects these dates, but the interim due dates-have some flexibility This flexibility however may have consequences if you chose to side step the required dates. In this case,we would receive your SWMP during Phase ill: MS4 SWMP Redraft. At this approximate October 10th date you would have only one week to respond to our staff and public comments. Essentially your modification of the schedule would skip most of Phase II and your opportunity to receive our feedback. The consequence of missing our dates is the potential we may require a series of recommendations and resolutions we would attach after public posting of your SWMP and Staff Report preparation, if portions are unacceptable to staff t esl We plan to work with you and your staff to help develop a SWMP that meets all expectations of the General Permit and our enrollment notifications. In 2004 we provided comments to your SWMP and we plan to provide additional comments to the December 2004 draft in the next few weeks. If you incorporate the recommendations California Environmental Protection Agency Recycled Paper ?+ `tile �a 74 ATTACHMENT A 9-23-08 Staff Report City of Atascadero f" -2- August 12, 2008 we provide, our later recommendations%and resolutions for your SWMP will likely be minimal. We look forward to working with you in a cooperative fashion. However we are committed to finalizing Atascadero's SWMP by March 2009 We hope the flexibility we've given you to plan within our schedule will result in a substantive and specific set of BMPs and measurable goals to improve stormwater control in Atascadero Sincerely, � ca� Roger W Briggs Executive Officer S:\Stormwater\—Stormwater Program\Municipal Program\Phase IIVv1S4 Enrollment Strategies\Enrollment Schedules for MS4 S Groups\Upper alinas Atas-Templ-KingVAllas schedule modification.doc File:Atascadero SW file x California Environmental Protection Agency } �.a ,Recycled Paper �Y 75 ATTACHMENT B ■I ■w Is 1918 C 1979 Atascadero City Council Staff Report - Public Works Department SUPPLEMENTAL REPORT Regional Water Quality Control Board (RWQCB) Storm Water Management Plan NPDES Phase II DISCUSSION The City Council reviewed an update regarding a Storm Water Management Plan (SWMP) at their September 23� regular meeting Staff has continued to compile information regarding the requirements of the Regional Water Quality Control Board A meeting has been scheduled with the Home Builders Association and staff is working on scheduling a meeting with the Regional Board Staff A discussion of the requirements was included on the agenda of the Mayor's meeting held on October 3`d San Luis Obispo County City Managers have held a meeting on the issue and are planning follow-up meetings Cities in the six-county region are working to understand the Regional Board's requirements and the associated costs Attached is a matrix developed by staff highlighting the current status of region cities relative to the SWMP requirements. The matrix is developing each day as significant financial and staff resources from region cities are focused on the SWMP requirements The positions of the cities are evolving and there are more unknowns than recognized at the previous Council review The City has received the remaining comments from Regional Board Staff regarding the previously submitted SWMP ATTACHMENT Matrix on SWMP Requirements 76 Central Coast Regional Water Quality Control Board-Region 3 Storm Water Management Plan & NPDES/WDR Permit Status, as of 10103/08 Municipality SWMP Status NPDES Permit Status Arroyo Grande 2nd draft plan submitted 9/5/08.Will be available for public y comment(60 days); review&approval scheduled for 01/2009. Tied to Oceano WDR Atascadero Due to small size,does not have NPDES,but has a Buellton Has begun editing draft based on 2/08&7/08 letters from the WDR for their permit&Basin Pian compliance.Last Board.Review scheduled for mid-Nov reviewed 2006,no modifications anticipated prior to 2011 or 2012. 4 big issues remain.4th draft due 10/3/08;5 jurisdictions Capitola (Santa Cruz Co,City of Santa Cruz,Capitola,Watsonville,& Scotts Valley)requesting more time to create common language for the 5 agencies&will submit on 10/24/08. Carpinteria Gilroy See So.Santa Clara County Further revisions to plan have been submitted in June 2008,in Goleta response to the RWCQB letter of 2/15/08 Grover Beach Draft plan submitted 9/2008.Review&approval scheduled for Tied to Oceano WDR 01/09 MS4s(Municipaiseparate storm sewer system) Permit Hollister Board approved revised SWMP 2/2006 issued 2/2/06 King City npoc Hearing w/RWQCB on 10/17/08 Tows Osos CSD Just beginning revisions of 1st draft Monterey Region Approved 2003;Last revised 11/15/06 Granted:9/7/06 Morgan Hill See So.Santa Clara County Original prepared 2003;submitted revision summer 2008. In compliance for NPDES permit;is pursuing an Morro Bay Resubmitted 9/5/08 with corrections.Posted to board website upgrade to tertiary treatment for their ocean 9/29/08 for 60 day public comment review discharge wastewater treatment plant Draft plan submitted 9/5/08,due for review between 10/3 10/9/08.Will then be available for public comment(60 days), Due to small size,no NPDES permit,but WDR Oceano CSD compliance will be part of the final/approved SWMP after which revisions will be made based on the board&public Review scheduled 01/09(see AG and Grover) comments In compliance.Submitted 12/04&approved early 2005;they Paso Robles are in year 4 of program.Last revision 5/6/2008;Working Permit approved early 2005 currently on annual report. Pismo Beach San Luis Obispo Submitted draft to RWQCB 9/12/08;draft ordinance now available for public comment 60 day period. San Luis Obispo County SWMP approved by the RWQCB on 3/22/07 NPDES permit granted 3/22/07 Submitted with revisions on 5/29/08 per Boards 2/15/08 Santa Barbara letter-Board responded 8/1/08 with list of additional improvements to be made before they'd recommend approval. nta Barbara County Submitted to Regional Board 9/15/08 Santa Barbara Draft submitted 06/2008;Board responded 8/1/2008 with list of additional improvements. So.SC Co.(those areas in Region 3) is in its'infancy;are just So.Santa Clara County getting started;met 9/30/08 w/Board&Cities of Gilroy& MHill,deciding whether to join forces or each go it alone. 77 4 big issues remain.4th draft due 10/3/08;5 jurisdictions Santa Cruz (Santa Cruz Co,City of Santa Cruz,Capitola,Watsonville,& Scotts Valley)requesting more time to create common language for the 5 agencies&will submit on 10/24. 4 big issues remain.4th draft due 10/3/08;5 jurisdictions Santa Cruz County (Santa Cruz Co,City of Santa Cruz,Capitola,Watsonville,& Scotts Valley)requesting more time to create common language for the 5 agencies&will submit on 10/24. 1st draft previously submitted to RWQCB,currently working on Santa Maria a 2nd draft to include a portion of the requirements per board letter of 2/15/08;City is opposing certain requirements. 4 big issues remain.4th draft due 10/3/08;5 jurisdictions Scotts Valley (Santa Cruz Co,City of Santa Cruz,Capitola,Watsonville,& Scotts Valley)requesting more time to create common language for the 5 agencies&will submit on 10/24. SWMP approved by the RWQCB on 9/28/04,Ordinance Soledad adopted 2005.Failure to implement notice from Board dated Permit granted 9/28/2004 5 2006. Solvang Templeton CSD 4 big issues remain.4th draft due 10/3/08;5 jurisdictions Watsonville (Santa Cruz Co,City of Santa Cruz,Capitola,Watsonville,& Scotts Valley)requesting more time to create common language for the 5 agencies&will submit on 10/24. 78 ATTACHMENT C n 1918 1978 AT��ERO/ A tascadero City Council Staff Report - City Attorney SUPPLEMENTAL REPORT City Attorney Report on Potential Third Party Liabilities Storm Water Management Plan DISCUSSION On September 23, 2008, City Staff presented a Staff Report on the Storm Water Management Plan designated as Item C-1 on the Agenda. After the Staff Report was presented to the City Council, there was public comment from a number of individuals, including representatives from the Regional Water Quality Control Board (RWQCB) During the comment period, one of the RWQCB representatives stated that there was potential liability faced by the City for third party lawsuits in the event the City did not obtain an approved Storm Water Management Plan The City Council requested that the City Attorney review the issue of potential third party liability and report back to the Council at its next meeting Rufus Young of Burke, Williams & Sorensen submitted a Memorandum to City Attorney Brian Pierik on September 29, 2008 regarding the issue of potential third party liability This Memorandum is attached to this report. Mr Young has substantial experience in storm water issues including drafting and negotiating storm water permits with regional water quality control boards and the State Water Resources Control Board Mr Young's comments on the drafts of the Small Cities NPDES MS4 storm water permit resulted in a number of changes to that permit. Mr Young is a member of the faculty of the ALI-ABA Land Use Institute, where his topics include the Clean Water Act and its effect on land use FISCAL IMPACT The City Attorney is unable to estimate the potential fiscal impact which might result from third party lawsuits as it is unknown at this time when the City might obtain err✓ 79 ATTACHMENT C approval of its Storm Water Management Plan and, further, the nature and extent of any third party lawsuits is unknown as none have been filed to date ATTACHMENTS Memorandum from Rufus Young to Brian Pierik dated September 29, 2008 80 2310 East Ponderosa Drive Suite 25 ' Camarillo, California 93010-4747 +" • 11, voice 805 987 3468 fax 805 482 9834 www bwstaw com BURKE WILLIAMS & SORENSEN LLP OFFICE MEMORANDUM TO Brian A. Pierik FROM Rufus C Young DATE. September 29, 2008 RE Atascadero MS4 Third-Party Memo Issues. (1) May an entity which has been designated as within the scope of the Phase II Small MS4 Storm Water Permit be sued by a third party? (2) Are discharges from the City's storm water system covered by the Phase II Storm Water Permit? Answers (1) Yes, under the Citizen Suit provisions of the Clean Water Act, for failure to submit a Storm Water Management Plan on a timely basis. In addition, a party damaged by a discharge in violation of a permit, or a discharge without a permit, also may have an action for trespass or nuisance, and, depending on the nature of pollutants discharged, possibly under the federal Comprehensive Environmental Response, Compensation and Liability Act. (2) No, not until the Storm Water Management Plan is approved by the Regional Board Discussion In 1972, the Federal Water Pollution Control Act (also referred to as the Clean Water Act [CWA]) was amended to provide that the discharge of pollutants to waters of the United States from any point source is unlawful unless the discharge is in compliance with a National Pollutant Discharge Elimination System (NPDES) permit. In 1987, Congress amended the CWA by adding § 402(p), which established a statutory framework for regulating storm water discharges from municipal separate storm sewer systems (MS4s) In 1990, the U S Environmental Protection Agency (EPA) implemented § 402(p) by promulgating regulations for storm water discharges from Los Angeles - Inland Empire - Menlo Park - Orange County - Palm Desert - Ventura County 81 Brian A. Pierik September 29, 2008 Page 2 MS4s serving a population of 100,000 people or more These regulations, known as the Phase I regulations, impose NPDES permit requirements on owners of medium and large MS4s Discharge of storm water from an MS4 to waters of the United States without a NPDES permit is a violation of the CWA. An "MS4" is a conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels and storm drains designed or used for collecting or conveying storm water 40 C F R §122.26(b)(8) On December 8, 1999, the EPA promulgated Phase II storm water regulations, subjecting owners of Small MS4s to CWA permit requirements Federal regulations allow two options for permits for storm water discharges, individual permits and general permits In California, the State Water Resources Control Board (SWRCB) elected to adopt a Statewide General Permit for Small MS4s in order to efficiently regulate numerous storm water dischargers under a single permit, which is regulatory in nature SWRCB WQO No 2003-0005 The Small Cities General Permit regulates discharges of storm water from all "regulated Small MS4s " The City is among many California Cities designated by the EPA and the SWRCB for coverage (regulation) under the Small Cities Permit. See SWRCB WQO No 2003-0005, Attachment 1 By imposing the NPDES MS4 storm water permit requirement on owners of MS4s, Congress has conscripted municipal governments in the battle against water pollution Therefore, the City is required to comply with the Small Cities Permit. That permit requires the City to submit a Storm Water Management Plan satisfactory to the Regional Board, in a timely manner Coverage under the Permit commences only after- 1) Board staff has reviewed the SWMP to determine compliance with the CWA requirement to reduce the discharge of pollutants to the maximum extent practicable ("MEP") and has recommended coverage under the Small Cities MS4 Permit, 2) the SWMP is made available for public review for a minimum of 60 days, and 3) permit coverage has been approved by either the RWQCB or its Executive Officer Penalties for Violations of Permit Conditions. Section 309 of the CWA provides significant penalties for any person who violates any CWA permit condition or limitation in a permit issued under § 402 Any 82 Brian A. Pierik September 29, 2008 Page 3 person who violates any permit condition, or discharges storm water from an MS4 to waters of the United States without a permit, could be subject to a civil penalty not to exceed $27,500 per calendar day of such violation, as well as any other appropriate sanction provided by § 309 of CWA. Under California law, the Porter-Cologne Water Quality Act also provides for administrative, civil, and criminal penalties, which in some cases may be greater than those under the CWA. Enforcement by Third Parties. To supplement state and federal enforcement of the Clean Water Act, Congress empowered citizens to serve as "private attorneys general" and bring their own lawsuits to enforce the Clean Water Act. The citizen suit authority is found in Clean Water Act § 505, 33 U S C § 1365 Any person or entity that either is or might be adversely affected by any CWA violation has the right to file a citizen suit to enforce the provisions of the CWA. Citizens may seek injunctive relief, civil penalties, and reimbursement of legal costs and attorneys' fees In addition, if a regulatory agency fails to take enforcement actions against a violator of the Clean Water Act or does not get acceptable results from their enforcement actions, citizens have the right to file citizen suits against a state regulatory agency or the U S EPA. In California, numerous cases have been brought against local governments to enforce provisions of the CWA. Conceptually, a third party claiming to have been damaged by a discharge which violates a permit or by a discharge without a permit also could bring an action against the discharger for trespass or nuisance and for property contamination under the federal Comprehensive Environmental Response, Compensation and Liability Act, 42 U S C §§ 9601, et seq Problems of proof and causation could make this option less attractive than an enforcement action under the CWA. A SWRCB Fact Sheet on the Small Cities General Permit may be found at http.//www swrcb ca.gov/water_issues/programs/stormwater/docs/final_sm_ms4_fact_o rder pdf 8. ATTACHMENT D 1978' CITY OF ATASCADERO 6907 El CAMINO REAL,ATASCADERO, CA 93422 Telephone (805)461-5000 * Fax (805)461-7612 October 17, 2008 Roger Briggs Executive Officer Central Coast Regional Water Quality Control Board 895 Aerovista Place San Luis Obispo, CA 93401 RE Request for Storm Water Management Plan Adoption Time Line Extension Dear Mr Briggs, I appreciated the opportunity to meet with your staff, Matt Thompson and David hinis on October 9, 2008, to discuss our concerns related to the City of Atascadero's Draft Storm Water Management Plan (SWMP) We are specifically concerned with the time frames for adoption and how it impacts our community's desire for public participation The City of Atascadero is requesting an opportunity to conduct a SWMP public participation process, prior to submittal to the Water Board We want to work with you and your staff and we believe we have an opportunity to produce a comprehensive SWMP if more time is granted We believe we need the extra time in order to provide information and provide an opportunity for our citizens to participate in the SWMP process Therefore, in the interest of moving the plan forward we are proposing the following SWMP adoption schedule • Submit requested SWMP response timeline to RWQCB October 17, 2008 • Hire consultant to revise SWMP October 24, 2008 • Revise SWMP with evaluation of interim measures December 1, 2008 • Conduct Public Review process January 2009 • Prepare final draft SWMP February 2009 • City Council approve SWMP February 24, 2009 • Submit final draft SWMP to RWQCB March 3, 2009 84 Mr Roger Briggs October 17 2008 As you can see, this schedule delays final draft submittal until March 3, 2009 We believe this proposed process will provide the City with the necessary time to develop a well-vetted plan that is mutually agreeable to the Water Board. We look forward to getting your positive response and working with your staff to produce the best possible SWMP In the meantime we are proceeding with the selection of a consultant to start our SWMP re-wnte Should you have any questions you can reach me at (805) 470-3180 Sincerely, Geo nghsh Interim Public Works Director City of Atascadero Cc W McKinney, City Manager J Lewis, Assistant City Manager W Frace, Community Development Director D Athey, Deputy Public Works Director B Pierik, City Attorney 85 86 ITEM NUMBER C-2 DATE. 10/28/08 19" ■ 197 jW Atascadero City Council Staff Report - City Attorney's Office Campaign Ordinance (Continued from 10/14/08 Council Meeting) ACTION If Council desires to adopt this campaign ordinance Council introduce for first 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 " DISCUSSION. At the August 12, 2008 meeting of the City Council, the Council directed the City Attorney to prepare a draft a campaign ordinance to include a voluntary expenditure limit and a reduction in the contribution amount which triggers late contribution reports At the September 23, 2008 meeting of the City Council, a draft Campaign Ordinance was presented to the City Council along with a staff report by the City Attorney At the City Council meeting on September 23, 2008, following the staff report, there were questions from the Council, comments from the public and then discussion by the Council regarding the draft Campaign Ordinance Following the discussion by the City Council, the Council directed the City Attorney to prepare a Campaign Ordinance to include a $12,000 voluntary expenditure limit for City Council candidates and a reduction in the late contribution reporting requirement from the current amount of $1000 down to the amount of $250 The City Attorney has prepared the Campaign Ordinance as directed by the City Council and the ordinance is attached to this report. Also at the meeting of September 23, 2008, the City Council approved a motion directing that all FPPC Form 460s be posted on the City's website 87 ITEM NUMBER C-2 DATE. 10/28/08 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 ALTERNATIVES 1 The City Council may not adopt a campaign ordinance 2 The City Council may adopt a campaign ordinance which has different provisions from those included in the ordinance attached to this staff report. ATTACHMENT Draft Campaign Ordinance 88 DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE BY ADDING CHAPTER 19 TO TITLE 2 ADOPTING AN ORDINANCE TO BE KNOWN AS "ATASCADERO CAMPAIGN ORDINANCE" WHEREAS, the City Council desires to adopt an ordinance providing for a voluntary expenditure limit on campaigns by City Council candidates, and, WHEREAS, the City Council further desires to provide incentives and benefits to encourage candidates to comply with the voluntary expenditure limit; and, WHEREAS, the City Council further desires to reduce the dollar amount requirement for late contributions from the requirement set by State law NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS SECTION ONE. Findings. The City Council hereby incorporates the foregoing recitals and *tjr finds that this ordinance will include a voluntary expenditure limit on campaigns by City Council candidates with incentives and benefits to encourage compliance with the limit, and this ordinance will reduce the dollar amount requirement for late contributions from the State law requirement. SECTION TWO. Adoption. The City Council of the City of Atascadero hereby amends Title 2 of the Municipal Code by adding Chapter 19 as follows 2-19.01 Title. This chapter shall be known as the "Atascadero Campaign Ordinance" and is intended to supplement the provisions of the State Political Reform Act (California Government Code Section 81000, et. seq ) The provisions of this chapter are expressly intended to be more restrictive than the provisions of State law This chapter applies only to candidates for City Council. 2-19.02 Purposes and Intent. The City Council enacts this chapter to provide benefits and incentives that encourage City Council candidates to agree to voluntarily limit campaign expenditures err 89 2-19.03 Voluntary Expenditure Limit. (a) Expenditures The term "expenditures" as used in this chapter shall mean the total of the expenditures by a City Council candidate and any campaign committee controlled by the candidate. (b) Declaration of Candidacy Statement Each candidate for City Council office shall file, with their nomination papers, a "Declaration of Candidacy Statement" ("Declaration") which will be in a form to be determined by the City Clerk. At the time of filing his/her Declaration, the candidate shall indicate on the Declaration his/her acceptance or refection of the voluntary expenditure limit set forth herein. City Council candidates who agree to adhere to voluntary campaign expenditure limitations in accordance with this chapter, and who spend more than the voluntary campaign expenditure limitation, must notify the City Clerk pursuant to the provisions of this chapter (c) Limitation on Expenditures The voluntary campaign expenditure limit shall be twelve thousand dollars ($12,000 00) and the base was established in June 2008 as adjusted in the manner provided by this chapter The adjustment to the voluntary expenditure limit will be calculated by the City Clerk. For City Council elections conducted with the City's general municipal election, the adjustment will be made on June 1 For special municipal elections called to fill a vacant seat on the City Council, the adjustment will be made ninety days before the special election. The adjustment will be rounded off to the nearest hundred dollar figure downward if $49 99 or less or upward if $50 00 or more The adjustment will be based upon the Consumer Price Index increment as determined by the United States Department of Labor, Bureau of Consumers (CPI-U), Los Angeles/Riverside/Orange, CO, CA Area—all items, or successor index. (d) Within three working days of the close of the candidate filing period for City Council, the City Clerk shall notify in writing all candidates of the acceptance or refection of the voluntary expenditure limn by the other candidates. (e) A candidate who agrees to accept the voluntary expenditure limit in this article may not change that decision, except that if an opposing candidate files a statement of refection of the voluntary expenditure limit, the candidate may rescind by written notice to the City Clerk his/her acceptance of the voluntary expenditure limit within three working days of receipt of the notice from the City Clerk issued pursuant to Section 2-19 03(d) (f) Incentives and Benefits For candidates accepting the voluntary expenditure limits, the following benefits and incentives will apply- 90 (1) The City will pay the cost of the Candidate's Statement Of Qualifications as NOW printed in the Official Voter Information Guide (2) The fact of a candidate's participation in the voluntary expenditure limit program will be posted by the City Clerk on the City's website and at City Hall. (3) Ten working days after the close of the candidate filing period for City Council, the City Clerk will issue a press release to newspapers, radio and television stations announcing the names of the City Council candidates, if any, who have accepted the voluntary expenditure limit established by this chapter (4) Each participating candidate may use the designation "voluntary spending linut candidate" in all election and campaign materials except for the Candidate's Statement of Qualifications that is included in the voter pamphlet. (g) Should a City Council candidate agree to accept the voluntary expenditure limit in this chapter and thereafter, whether intentionally or inadvertently, fail to abide by that agreement, then the candidate upon discovering said failure shall cause written notice of such failure to be received by the City Clerk's Office within one working day and the following rules shall apply- (1) The candidate shall forthwith pay the City Clerk's estimated cost of the Candidate's Statement Of Qualifications as printed in the Official Voter Information Guide (2) The candidate shall immediately discontinue use of the designation "voluntary spending linut candidate" in all election and campaign materials (3) The City Clerk shall post a notice on the City's website and at City Hall and issue a press release stating that the candidate had agreed to the voluntary expenditure limit, but has exceeded the limit. (h) The candidate shall be responsible for monitoring his/her campaign expenditures to ensure compliance with the voluntary expenditure limit set by this chapter The City Clerk is not responsible for monitoring campaign expenditures or advising candidates who have exceeded, or are close to exceeding, the expenditure linut as that is the responsibility of the candidate. 2-19.04 Reduction of dollar amount for late contribution reports. In addition to all contribution reporting requirements set forth in the California Government Code and other applicable state laws, the threshold requirement for reporting late contributions for City Council candidates shall be reduced from the State requirement, currently $1000, down to $250 (two hundred and fifty dollars), including in kind services and donations These late contributions shall be reported on the Fair Political Practices Commission (FPPC) late contribution form, currently referred to as the 497 Contribution Report. 2-19.05 Applicability of other laws. "Orr 91 Nothing in this chapter shall exempt any person from applicable provisions of any other laws of this State or the City SECTION THREE. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and, before the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper published and circulated in the City of Atascadero A copy of the full text of this ordinance shall be on file in the City Clerk's Office on and after the date following introduction and passage and shall be available to any interested member of the public. INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote AYES NOES ABSTAIN ABSENT ATTEST CITY OF ATASCADERO Marcia McClure Torgerson, C.M.0 , City Clerk Mike Brennler, Mayor APPROVED AS TO FORM. Brian Pierik, City Attorney 92 ITEM NUMBER: C -3 ' DATE. 10/28/08 � r Atascadero City Council Staff Report- City Manager's Office (Approval of the distribution of$20,000 in grant funds to assist local service providers that have a profound impact on the community) RECOMMENDATION Council approve Human Services Grants to the Agencies and in the amounts recommended by the Finance Committee in Attachment A. DISCUSSION The City of Atascadero has a Human Services Grant program, where annually $20,000 has been available to assist local service providers that have a profound impact on the community The providers must meet a series of eligibility criteria in the competitive process The Finance Committee has reviewed the applications and has made the attached recommendations Twenty-one applications were received requesting $77,187 All but one of the applications complied with the City's criteria and all were worthy of funding Sixteen applications are recommended for partial funding as can be seen on Attachment A. The complete applications are available for review in the City Clerk's office FISCAL IMPACT The program is budgeted at $20,000 ATTACHMENTS Attachment A— Finance Committee's Recommendations 93 ITEM NUMBER. C -3 DATE. 10128/08 Attachment A Off n r. r r, t Y918'' r r'+' P 1979 Human Services Grants - 2008 Finance Committee's Recommendations Request for Prior Year Current Agency Name Award Year Recommendation Aids Support Network $0.00 $1,160.00 $0.00 American Red Cross $1,500.00 $3,000.00 $1,500.00 Assistance League/Operation School Bell $0.00 $2,000.00 $500.00 Atascadero BMX NEW $2,500.00 $0.00 Atascadero Community Link $1,200.00 $1,500.00 $1,000.00 Atascadero Loaves and Fishes $4,500.00 $7,500.00 $4,000.00 Atascadero Performing Arts Center Committee APACC NEW $20,000.00 $0.00 Court Appointed Special Advocates for Children CASA $0.00 $1,560.00 $0.00 El Camino Homeless Organization(ECHO) $4,000.00 $5,000.00 $3,500.0P Economic Opportunity Commission(EOC)-Adult Day Services Program $0.00 $2,475.00 $500.00 Food Bank Coalition of SLO County $1,000.00 $2,500.00 $1,000.00 Hospice of SLO County $2,000.00 $2,000.00 $1,000.00 Hotline of SLO County-Call 211 $300.00 $2,000.00 $250.00 North County Connection $0.00 $2,998.00 $250.00 North County Women's Shelter $3,000.00 $3,000.00 $2,500.00 Partnership for the Children of SLO County—La Clinica de Tolosa $1,000.00 $6,000.00 $1,000.00 Senior Legal Services Project $500.00 $1,994.00 $500.00 Senior Nutrition Program $1,000.00 $2,000.00 $1,000.00 Sexual Assault Recovery&Prevention Center of SLO County $0.00 $1,800.00 $0.00 Transitional Food& Shelter,Inc NEW $5,000.00 $1,000.00 Transitions Mental Health Association (TM-IA) NEW $1,200.00 $500.00 TOTAL $20,000.00 $77,187.00 $20,000.00 R 94 ITEM NUMBER: C-4 DATE. 10/28/08 AS ■ e Atascadero City Council Staff Report - City Attorney's Office Proposed Urgency Ordinance and a Regular Ordinance Pertaining to Summary Nuisance Abatement Procedures RECOMMENDATIONS Council. 1) Adopt the Draft Urgency Ordinance amending Section 9-8 107 of Title 9, Chapter 8 of the Atascadero Municipal code pertaining to summary nuisance abatement procedures AND 2) Introduce for first reading by title only, the Draft Ordinance amending Section 9- 8107 of title 9, Chapter 8 of the Atascadero Municipal Code pertaining to summary nuisance abatement procedures DISCUSSION The City Attorney has been requested by City Staff to review the City's codes to determine the best method for the City to recover its expenses associated with nuisance abatement when there is an imminent hazard or danger to public health and safety The attached ordinance would amend Section 19-8 107 "Abatement of nuisance" of the Atascadero Municipal Code by adding sub-section Q) to permit recovery of City's costs where the nuisance constitutes an imminent hazard or danger to public health and safety Further, the City could recover its costs for the actions taken to abate the nuisance as a lien which can be collected with the ordinary county taxes There are multiple situations currently existing in the City involving nuisance conditions on private properties that are potential hazards to the public's health, safety, and welfare Some of these nuisance conditions may require immediate action by the City to eliminate the hazard and protect the public. The Atascadero Municipal Code, however, does not establish any procedure for the summary or emergency abatement 9r ITEM NUMBER- C-4 DATE. 10/28/08 of nuisance conditions that pose an imminent safety threat. The purpose of the proposed urgency ordinance (and the regular ordinance version) is to establish a summary abatement procedure and to ensure that the City can recover its costs in these types of situations In the typical nuisance case, the property owner or other responsible party abates the nuisance voluntarily upon request by City staff In situations in which the property owner does not cooperate or respond, the City must act on its own to abate the nuisance and protect the public Municipal Code section 9-8 107 currently allows the City to initiate administrative proceedings to abatement public nuisances Under these procedures, the City must first notify the property owner of the public nuisance conditions and provide the property owner with at least 30 days to abate the nuisance If the property owner does not comply with this notice, the City may schedule a nuisance abatement hearing before the City Council on at least 15 days notice Following the hearing, the City Council may order the property owner to abate the nuisance by a certain date (not less than 30 days) If the property owner again fails to comply, the City may abate the nuisance itself and impose a special assessment on the property in the amount of the abatement costs This is a standard procedure for most nuisance conditions However, in situations in which a public nuisance represents an imminent threat to the public's health and safety, it may not be feasible or prudent to go through this process and wait until after the City Council's deadline for nuisance abatement expires Rather, the City may need to take immediate action and abate the nuisance itself The Municipal Code does not currently establish a procedure for such circumstances Therefore, the proposed ordinance adds a subsection 0) to Municipal Code section 9-8 107, which establishes a summary abatement procedure and authorizes the City to collect its reasonable abatement costs as an assessment against the property The proposed ordinance also contains a minor amendment to the current cost recovery procedures set forth in subsections (e) through (i) of Section 9-8107 to ensure consistency with state law Under the current cost recovery procedures, the City's Enforcement Officer must provide the property owner with notice of a City Council hearing to consider the proposed assessment. At the hearing, the City Council can modify or revise the proposed assessment, but the Municipal Code does not require any further notice of the assessment. Government Code section 38773 5 authorizes the collection of abatement costs as an assessment, but requires cities to give notice at the time of imposing the assessment. The ordinance would amend subsection (f) to include a requirement that the City Manager provide written notice of the final assessment following confirmation by the City Council As noted above, the City is currently monitoring multiple situations involving nuisance conditions that may require immediate abatement by the City Therefore, an urgency ordinance is requested to ensure that the City has the option of pursuing summary abatement if necessary against these properties In addition to the urgency ordinance, the City Attorney recommends that the City Council introduce the regular ordinance 96 ITEM NUMBER. C-4 DATE 10/28/08 version to ensure that the summary abatement procedure is added to the Municipal Code 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 ALTERNATIVES 1 Adopt the proposed urgency ordinance only 2. Submit and introduce by first reading the proposed regular ordinance only 3 Take no action. ATTACHMENTS • Urgency Ordinance VOW • Regular Ordinance 97 DRAFT URGENCY ORDINANCE AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING SECTION 9-8.107 OF TITLE 9, CHAPTER 8 OF THE ATASCADERO MUNICIPAL CODE PERTAINING TO RECOVERY OF NUISANCE ABATEMENT COSTS AND SUMMARY NUISANCE ABATEMENT WHEREAS, California Government Code section 38771 authorizes a city council to declare by ordinance what constitutes a nuisance, and WHEREAS, California Government Code section 38773 permits a city council to authorize the summary abatement of any nuisance at the expense of the persons creating, causing, committing, or maintaining it and to make the expense of abatement of nuisances a lien against the property on which it is maintained and a personal obligation against the property owner, in accordance with Government Code sections 38773 1 or 3 8773 5, and, WHEREAS, the Atascadero Municipal Code does not currently provide a procedure for summary abatement of nuisances and the recovery of costs associated with summary abatement; and, WHEREAS, Government Code section 38773 1 permits cities to establish by ordinance a procedure to collect abatement and related administrative costs by a nuisance abatement lien, which is recorded in the county recorder's office and has the same force, effect, and priority of a judgment lien, and, WHEREAS, the Atascadero Municipal Code does not currently provide for a procedure as allowed by Government Code section 38773 1, and WHEREAS, the addition of procedure pursuant to Government Code section 38773 1 and a summary abatement procedure would provide the City with greater flexibility in responding to nuisance conditions, and WHEREAS, this Ordinance must take effect immediately as an urgency ordinance to preserve the public peace, health and safety; and WHEREAS, there are multiple situations currently existing in the City involving private properties with potential health and safety threats to the public, which may require summary abatement by the City because of inaction by the property owner and/or responsible party; and WHEREAS, the procedure established by this ordinance would allow the City to act immediately to address public nuisance conditions that are imminently hazardous and threaten the public peace, health, or safety 98 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES ORDAIN AS FOLLOWS SECTION ONE. Findings The City Council hereby incorporates the foregoing recitals and findings SECTION TWO Adoption. The City Council of the City of Atascadero hereby amends Section 9-8 107 of Title 9, Chapter 8 of the Municipal Code as follows 9-8.107 Abatement of nuisance. The Enforcement Officer may initiate proceedings to abate nuisances (see Section 9- 8 106) as follows (a) First Notice of Nuisance Upon the determination by the Enforcement Officer that a nuisance exists, a Notice of Nuisance shall be prepared with copies thereof to be served either personally or by mail, postage prepaid, certified, return receipt requested, to the owner of said affected premises as shown on the last equalized assessment role, or the tenant. If no address can be found or is known to the Enforcement Officer,then the notice shall be mailed to such person at the address of the premises affected by the proceedings The failure of any person to receive the notice does not affect the validity of any proceedings taken hereunder A copy of the Notice of Nuisance shall be prominently and conspicuously placed upon the premises affected by the nuisance proceedings Where the Enforcement Officer has determined that the condition causing the nuisance is 'ter imminently dangerous to human life or limb, or to public health or safety, the Enforcement Officer may include in the first notice an order that the property, building or structure affected be vacated pending correction or abatement of the conditions causing the nuisance. (1) Content of First Notice of Nuisance. (i) A legal description and street address, assessor's parcel number, or other description sufficient to identify the premises affected. (ii) A descnption of the condition causing the nuisance Where the Enforcement Officer has determined that the condition causing the nuisance can be corrected or abated by repair or corrective action, the notice shall state the repairs or corrective actions that will be required and the time limit within which the nuisance must be corrected. (iii) An order to complete abatement of the nuisance within thirty (30) days (iv) A statement that if the nuisance is not corrected as specified, a hearing will be held before the Atascadero City Council to consider whether to order abatement of the nuisance and levy a special assessment, which may be collected at the same time and in the same manner as is provided for the collection of ordinary taxes pursuant to Section 25845 of the Government Code. Special assessments shall be subject to the same penalties, interest and procedures of foreclosure and sale in the case of delinquency as is provided for ordinary taxes Nrr` (b) Notice of Nuisance Abatement. If, upon the expiration of the period specified in the 9! First Notice of Nuisance, action to abate the nuisance has not been commenced, or, if it has been commenced, it has not been pursued with due diligence nor completed within the time specified, the Enforcement Officer shall prepare a Notice of Nuis' n6e Abatement and serve such notice. The hearing shall be scheduled before the City Council at a stated time and place not less than fifteen (15) nor more than thirty (30) days after service of the notice to show cause why stated conditions should not be found to be a nuisance and why the nuisance should not be abated by the Enforcement Officer (1) Content of Abatement Notice. The Notice of Nuisance Abatement shall contain the following: (i)The information specified in Section 9-8 104(d)(1) and (3) (ii) The information specified in subdivisions (1) (i), (iii), and (iv) of subsection (a) of this section. (c) Abatement Action. A decision to abate a nuisance shall be reached through a hearing (Section 9-8 104) Upon the conclusion of the hearing, the Council may terminate the abatement proceedings or it may order the owner or other affected person to abate the nuisance prescribing a reasonable time (not less than thirty (30) days) for completion of abatement. The order may further provide that, in the event abatement is not commenced, conducted and completed in accordance with the terms set by the City Council, the Enforcement Officer is empowered and authorized to abate the nuisance The order of the City Council shall be served by mail, postage prepaid, certified, return receipt requested to the owner of said affected preiruses as shown on the last equalized assessment roll. The time limits set by the City Council are to begin upon service of the notice. (d) Abatement Penalties and Costs. Upon expiration of the time limits established as set forth in subsection (c) of this section, the Enforcement Officer shall acquire jurisdiction to abate the nuisance and carry out the following as appropriate. (1) Disposal of Materials Any materials in or constituting any nuisance abated by the Enforcement Officer may be disposed of or, if directed by the Council, sold in the same manner as surplus City personal property is sold. (e) Account of Costs and Receipts and Notice of Assessment. The Enforcement Officer will keep an iteiruzed account of the costs of enforcing the provisions of this title and of the proceeds of the sale of any materials connected therewith. Upon completion of abatement, the Enforcement Officer shall prepare a notice to be served by mail, postage prepaid, certified, return receipt requested, to the owner as shown on the last equalized assessment roll specifying: (1)The work done. (2) An itemized account of the costs and receipts of performing the work. (3) An address, legal description, or other description sufficient to identify the premises (4) The amount of the assessment proposed to be levied against the premises, or the amount to be refunded, if any, due to excess proceeds over expenses. (5) The time and place where the Enforcement Officer will submit the account to the Council for confirmation. The time and place specified shall be not less than fifteen (15) days after service of the notice (6) A statement that the Council will hear and consider objections and protests to said account and proposed assessment or refund. 100 6 I (f) Hearing on Account and Proposed Lien. At the time and place fixed in the notice, the Council will hear and consider the account and proposed assessment, together with objections and protests thereto (Section 9-8 104) At the conclusion of the hearing, the City Council may make such modifications and revisions of the proposed account and lien as it deems dust and may order the account and proposed lien confirmed or denied, in whole or in part, or as modified and revised. The determination of the City Council as to all matters contained therein is final and conclusive. The city manager must give notice of the City Council's decision on the assessment of the costs of abatement by certified mail to the property owner and to any responsible person. (g) Notice of Lien: Upon confirmation of an assessment by the Council, the Enforcement Officer is to prepare and have recorded in the office of the County Recorder of San Luis Obispo County a notice of lien. The notice is to contain. (1) A legal description, address and/or other description sufficient to identify the prerruses. (2) A description of the proceeding under which the special assessment was made, including the order of the Council confirming the assessment. (3) The amount of the assessment. (4) A claim of lien upon the described premises (h) Lien. Upon the recordation of a notice of lien, the amount claimed shall constitute a lien upon the described premises, pursuant to Section 25845 of the Government Code Such lien is to be at a parity with the liens of state and county taxes (i) Collection with Ordinary Taxes After recordation, the Notice of Lien is to be delivered to the County Auditor, who will enter the amount of the lien on the assessment roll as a special assessment. Thereafter, the amount set forth is to be collected at the same time and in the same manner as ordinary county taxes and is subject to the same penalties and interest and to the same procedures for foreclosure and sale in case of delinquency, as is provided for ordinary county taxes, all laws applicable to the levy, collection and enforcement of County taxes are made applicable to such assessment. 0) Summary Abatement Procedure Notwithstanding any other provision of this code, whenever the Enforcement Officer determines that a public nuisance exists within the city and that nuisance constitutes an imminent hazard or danger to public health or safety, the Enforcement Officer, without observing the provisions of this chapter with regard to abatement procedures, may take the following steps to abate the nuisance (1) give the property owner written notice by U S mail of the public nuisance, the City's proposed timing and method of the abatement, and the City's intent to collect the abatement costs as lien against the property subject to collection as property taxes, (2) following notice to the property owner, take all necessary and reasonable steps to cause the abatement of such nuisance in such manner as the Enforcement Officer determines is reasonably required, (3) promptly report any such emergency abatement action to the City Council, and (4) cause to be maintained an itemized account of the costs incurred by the City in abating the imminently dangerous condition. Such costs may be recovered by the city in the same manner that abatement costs are recovered pursuant to subsections (e) through (i) of this section. 101 SECTION THREE. Severability If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional SECTION FOUR. Urgency This Ordinance is hereby declared an urgency measure pursuant to the terms of California Government Code section 36937 (b) and shall be effective immediately upon adoption by a four-fifths (4/5th) vote of the City Council. SECTION FIVE. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, must be published twice at least five (5) days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and, before the expiration of fifteen (15) days after its final passage, in the Atascadero News A copy of the full text of this ordinance must be on file in the City Clerk's Office on and after the date following introduction and passage and must be available to any interested member of the public INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote. AYES NOES ABSTAIN ABSENT ATTEST CITY OF ATASCADERO Marcia McClure Torgerson, C.M.0 , Mike Brennler, Mayor City Clerk APPROVED AS TO FORM. Brian Pierik, City Attorney U it of )'J, 102 DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING SECTION 9-8.107 OF TITLE 9, CHAPTER 8 OF THE ATASCADERO MUNICIPAL CODE PERTAINING TO RECOVERY OF NUISANCE ABATEMENT COSTS AND SUMMARY NUISANCE ABATEMENT WHEREAS, California Government Code section 38771 authorizes a city council to declare by ordinance what constitutes a nuisance, and WHEREAS, California Government Code section 38773 pernuts a city council to authorize the summary abatement of any nuisance at the expense of the persons creating, causing, committing, or maintaining it and to make the expense of abatement of nuisances a lien against the property on which it is maintained and a personal obligation against the property owner, in accordance with Government Code sections 38773 1 or 3 8773.5, and, WHEREAS, the Atascadero Municipal Code does not currently provide a procedure for summary abatement of nuisances and the recovery of costs associated with summary abatement; and, WHEREAS, Government Code section 38773 1 permits cities to establish by ordinance a procedure to collect abatement and related administrative costs by a nuisance abatement lien, which is recorded in the county recorder's office and has the same force, effect, and priority of a judgment lien, and, WHEREAS, the Atascadero Municipal Code does not currently provide for a procedure as allowed by Government Code section 38773 1, and WHEREAS, the addition of procedure pursuant to Government Code section 38773 1 and a summary abatement procedure would provide the City with greater flexibility in responding to nuisance conditions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES ORDAIN AS FOLLOWS SECTION ONE. Findings. The City Council hereby incorporates the foregoing recitals and findings SECTION TWO Adoption. The City Council of the City of Atascadero hereby amends Section 9-8 107 of Title 9, Chapter 8 of the Municipal Code as follows 9-8.107 Abatement of nuisance. 10-1 The Enforcement Officer may initiate proceedings to abate nuisances (see Section 9- 8 106) as follows (a) First Notice of Nuisance Upon the determination by the Enforcement Officer that a nuisance exists, a Notice of Nuisance shall be prepared with copies thereof to be served either personally or by mail, postage prepaid, certified, return receipt requested, to the owner of said affected premises as shown on the last equalized assessment role, or the tenant. If no address can be found or is known to the Enforcement Officer, then the notice shall be mailed to such person at the address of the premises affected by the proceedings. The failure of any person to receive the notice does not affect the validity of any proceedings taken hereunder A copy of the Notice of Nuisance shall be prominently and conspicuously placed upon the premises affected by the nuisance proceedings Where the Enforcement Officer has determined that the condition causing the nuisance is imminently dangerous to human life or limb, or to public health or safety, the Enforcement Officer may include in the first notice an order that the property, building or structure affected be vacated pending correction or abatement of the conditions causing the nuisance (1) Content of First Notice of Nuisance. (i) A legal description and street address, assessor's parcel number, or other description sufficient to identify the premises affected. (u) A description of the condition causing the nuisance. Where the Enforcement Officer has determined that the condition causing the nuisance can be corrected or abated by repair or corrective action, the notice shall state the repairs or corrective actions that will be required and the time limit within which the nuisance must be corrected. (iii) An order to complete abatement of the nuisance within thirty (30) days (iv) A statement that if the nuisance is not corrected as specified, a hearing will be held before the Atascadero City Council to consider whether to order abatement of the nuisance and levy a special assessment, which may be collected at the same time and in the same manner as is provided for the collection of ordinary taxes pursuant to Section 25845 of the Government Code. Special assessments shall be subject to the same penalties, interest and procedures of foreclosure and sale in the case of delinquency as is provided for ordinary taxes (b) Notice of Nuisance Abatement. If, upon the expiration of the period specified in the First Notice of Nuisance, action to abate the nuisance has not been commenced, or, if it has been commenced, it has not been pursued with due diligence nor completed within the time specified, the Enforcement Officer shall prepare a Notice of Nuisance Abatement and serve such notice The hearing shall be scheduled before the City Council at a stated time and place not less than fifteen (15) nor more than thirty (30) days after service of the notice to show cause why stated conditions should not be found to be a nuisance and why the nuisance should not be abated by the Enforcement Officer (1) Content of Abatement Notice The Notice of Nuisance Abatement shall contain the following: 104 (i)The information specified in Section 9-8 104(d)(1) and (3) (ii) The information specified in subdivisions (1) (i), (iii), and (iv) of subsection (a) of this section. (c) Abatement Action. A decision to abate a nuisance shall be reached through a hearing (Section 9-8 104) Upon the conclusion of the hearing, the Council may terminate the abatement proceedings or it may order the owner or other affected person to abate the nuisance prescribing a reasonable time (not less than thirty (30) days) for completion of abatement. The order may further provide that, in the event abatement is not commenced, conducted and completed in accordance with the terms set by the City Council, the Enforcement Officer is empowered and authorized to abate the nuisance The order of the City Council shall be served by mail, postage prepaid, certified, return receipt requested to the owner of said affected premises as shown on the last equalized assessment roll. The time limits set by the City Council are to begin upon service of the notice (d) Abatement Penalties and Costs. Upon expiration of the time limits established as set forth in subsection (c) of this section, the Enforcement Officer shall acquire jurisdiction to abate the nuisance and carry out the following as appropriate. (1) Disposal of Materials Any materials in or constituting any nuisance abated by the Enforcement Officer may be disposed of or, if directed by the Council, sold in the same manner as surplus City personal property is sold. (e) Account of Costs and Receipts and Notice of Assessment. The Enforcement Officer will keep an itenuzed account of the costs of enforcing the provisions of this title and of the proceeds of the sale of any materials connected therewith. Upon completion of abatement, the Enforcement Officer shall prepare a notice to be served by mail, postage prepaid, certified, return receipt requested, to the owner as shown on the last equalized assessment roll specifying: (1) The work done. (2) An itemized account of the costs and receipts of performing the work. (3) An address, legal description, or other description sufficient to identify the premises. (4) The amount of the assessment proposed to be levied against the premises, or the amount to be refunded, if any, due to excess proceeds over expenses. (5) The time and place where the Enforcement Officer will submit the account to the Council for confirmation. The time and place specified shall be not less than fifteen (15) days after service of the notice. (6) A statement that the Council will hear and consider objections and protests to said account and proposed assessment or refund. (f) Hearing on Account and Proposed Lien. At the time and place fixed in the notice, the Council will hear and consider the account and proposed assessment, together with objections and protests thereto (Section 9-8 104) At the conclusion of the hearing, the City Council may make such modifications and revisions of the proposed account and lien as it deems,lust and may order the account and proposed lien confirmed or denied, in whole or in part, or as modified and revised. The determination of the City Council as to 105 all matters contained therein is final and conclusive. The city manager must give notice of the City Council's decision on the assessment of the costs of abatement by certified mail to the property owner and to any responsible person. (g) Notice of Lien. Upon confirmation of an assessment by the Council, the Enforcement Officer is to prepare and have recorded in the office of the County Recorder of San Luis Obispo County a notice of lien. The notice is to contain (1) A legal description, address and/or other description sufficient to identify the premises. (2) A description of the proceeding under which the special assessment was made, including the order of the Council confirming the assessment. (3) The amount of the assessment. (4) A claim of lien upon the described premises. (h) Lien. Upon the recordation of a notice of lien, the amount claimed shall constitute a lien upon the described premises, pursuant to Section 25845 of the Government Code Such lien is to be at a parity with the liens of state and county taxes (i) Collection with Ordinary Taxes. After recordation, the Notice of Lien is to be delivered to the County Auditor, who will enter the amount of the lien on the assessment roll as a special assessment. Thereafter, the amount set forth is to be collected at the same time and in the same manner as ordinary county taxes and is subject to the same penalties and interest and to the same procedures for foreclosure and sale in case of delinquency, as is provided for ordinary county taxes, all laws applicable to the levy, collection and enforcement of County taxes are made applicable to such assessment. 0) Summary Abatement Procedure Notwithstanding any other provision of this code, whenever the Enforcement Officer determines that a public nuisance exists within the city and that nuisance constitutes an imminent hazard or danger to public health or safety, the Enforcement Officer, without observing the provisions of this chapter with regard to abatement procedures, may take the following steps to abate the nuisance (1) give the property owner written notice by U S mail of the public nuisance, the City's proposed timing and method of the abatement, and the City's intent to collect the abatement costs as lien against the property subject to collection as property taxes, (2) following notice to the property owner, take all necessary and reasonable steps to cause the abatement of such nuisance in such manner as the Enforcement Officer determines is reasonably required, (3) promptly report any such emergency abatement action to the City Council, and (4) cause to be maintained an itemized account of the costs incurred by the city in abating the imminently dangerous condition. Such costs may be recovered by the city in the same manner that abatement costs are recovered pursuant to subsections (e) through (i) of this section. SECTION THREE. Severability If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this 106 ,3 ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION FOUR. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, must be published twice. at least five (5) days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and, before the expiration of fifteen (15) days after its final passage, in the Atascadero News A copy of the full text of this ordinance must be on file in the City Clerk's Office on and after the date following introduction and passage and must be available to any interested member of the public INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote AYES NOES ABSTAIN ABSENT VOW ATTEST CITY OF ATASCADERO Marcia McClure Torgerson, C.M.0 , Mike Brennler, Mayor City Clerk APPROVED AS TO FORM. Brian Pierik, City Attorney 107 108 ITEM NUMBER. C -6 DATE. 10/28/08 iu ■e CADS Atascadero City Council Staff Report - Community Development Department Affordable Housing Funds Policy PLN 2007-1266 (City of Atascadero). RECOMMENDATION Council adopt the Draft Resolution, approving the City of Atascadero Affordable Housing Funds Policy with attached Affordable Housing Participation Checklist. DISCUSSION Background. In 2003, the City Council approved an Inclusionary Housing Policy for all developments requiring a legislative approval i e Zone Change or General Plan Amendment. The Inclusionary Housing Policy includes provisions for in-lieu fees to be applied to future affordable housing In addition, the City's Redevelopment Agency (RDA) sets aside the state required sum of 20 percent of the tax increment, commonly referred to as RDA set-aside funds In December 2007, Tierra West Advisors (TWA) was selected to aid in the creation of an Affordable Housing Funds Policy for allocation of Redevelopment Agency housing set-aside funds, and City affordable housing in-lieu funds TWA contacted various groups and members of the housing community, including The Housing Authority of San Luis Obispo (HASLO), Peoples' Self Help Housing, SLO Nonprofit, ECHO, North County Women's Resource Center, the San Luis Obispo County Housing Trust Fund, private affordable housing developers, and affordable housing advocates which may have an interest in Atascadero's new Affordable Housing Funds Policy The process for developing a policy included extensive community outreach to assure consistency with community goals The City Council, Agency Board and Planning Commission held two Affordable Housing Joint Study Sessions on February 28, 2008 and April 29, 2008, with a specific public-only workshop held on March 5, 2008 This 10E ITEM NUMBER C-5 DATE. 10/28/08 provided ample opportunity for public consideration of affordable housing issues and concerns, as well as workshop activities designed to review and test a draft Affordable Housing Policy The process milestones which lead to development of the proposed Affordable Housing Funds policy are summarized as follows Tierra West Associates selected and contract December approved 2007 Community Outreach Initiated January 2008 First City Council/Planning Commission Study February 2008 Session Community Meeting March 2008 Second City Council/Planning Commission Study April 2008 Session Community Outreach Follow-up Aril 2008 City Council to consider Final Draft Policy October 2008 Analysis. As directed by the City Council, TWA and City sta ensive public input into developing an Affordable Housing Funds Poli Wroposed Policy has been drafted to guide both the Community Development Department and the Redevelopment Agency in evaluating projects and proposals that request financial assistance from the City's affordable housing in-lieu and Redevelopment set-aside funds The Policy is modeled on the format used in the General Plan, and provides the guidelines that City and Agency staff will adhere to in evaluating the appropriateness of affordable housing project proposals. It takes into account the current size of City and RDA staffing and scale of the City, to include alternatives that may aid the City to achieve maximum levels of production and success The evaluation checklist provides detail and reveals the expectations of the City to aid the development community in crafting appropriate affordable housing proposals for consideration The checklist is made up of criteria delineated within five sections based upon Council and public input during the Affordable Housing Workshops to include Project Funding, Site, Location, and Neighborhood Consistency; Affordability; Term of Affordability; and, Proponent/Partnerships Each criterion within a section has been assigned points. "Optional" elements are worth two (2) points, "Encourage" elements will earn four (4) points, "High Priority" elements will receive ten (10) points, and "Mandatory" elements can earn up to eighteen (18) points The maximum number of points available is two (200) hundred However, it is unlikely that any one proposed project would or could receive the maximum number of points because of the diversity of desired elements 110 City of Atascadero -Affordable Housing Participation Checklist Organization Name: Date: Project Name: Contact Person Project Type: Phone: New Construction B Email Address: Rehabrlttao- o^ Application Number Is this an update to an existing checklist? krelaucdons:Please kuert ft apprnpetets ewmper of Paris In the"Points"column.ExeW where wars is a Mille of Point offered,there is no grarfwlled point allowance for big than pig eompilsom.in ednNton to the minimum 000"points,as proieets must meet the eppfkakfe mandatory/requirements. Optional Points y points Encouraged Points 4points Nigh Priority Points 10 Jgrft Mandatory Points Criteria Description [Reauirement Type I Points 3631—M 1-Preled-MM'Sq- 1- Funding Leveraged Are there funds from other sources? is 1-2 Principal Sum Publk Inves:men: WIN principal sum be recovered in specified time? 18 1-4 Retum on Investment Will there be a reasonable return on Investment> 4 1-5 Cost Per Unit Lower City cost per unit given higher priority ,t06-roph,f16,00a40A0e•Bp1e,t4C,00f- Aep-epa,t66•d1,40 ed-4 pet,tee•101.00,e� 10 2�,=fsgp,eee=p pt FS%IU TAL 60 Sectfot► -Sita Locatl surd Cons 2-1 Neight:orhood Conpaabillty Does the project fit the neighborhood? 4 2-2 Adherence Zoning Requirements Does the project follow General Plan Consistency? 4 2-3 Environmental SuitabW Are there no significant envlromemal Issues? 2 2-4 NeighbOmood Acceptance Does the neighborhood supoorr?(neighborhood meeting 4 required) 2-5 Green Development Stan Is the project LEED cerdfietl9 4 2-6 6uibdng Appearance Does project provide high quality architecture? 4 2-7 Landscape Does project provide high quality landscape? 2 2-8 Commercial COmpenent Project includes mixed use? 10 2-5 Downtown Site Project in downtown zone? 10 2=0 Located is RDA Project Area Project in the Redevelopment Project,Area? 10 SUBTOTAL 64 Section AftrdaMky aM 7 Very LOW Income Percentage very low income units? 18 3-2 Low'ncome Percentage very low income units? ta%=qea,ro30%=roe,>SB% repot 10 3- Moderate income WIN there be any Moderate Income? 4 3-4 Rental Jmts'rojel Does project include rental units? -50%-Wei.54.75%.Soft,>75%-tppai 10 3-5 Numner of undsmensity Is Project at maximum General Plan dehsdr 4 3-6`variety of UnC Size Is there a mix of unit sizelbedrooms?(min 25%of units) 2 ISWTOTAL 771 48 4-TWM of 4-1 Ownership Units Deed Restriction Term 45 year term required 4-2 Rental Jnit Deed Restncgr,Temt 55 year term required 78 4-3 Additional Time Restriction Proposing to deed restrict at lease 10 yam more than 45/55 4 years? SWOM 22 5-1 Local Non-proflbFor Profit Its project a SLO County non-profit involved in the project? 10 72 local Pr000nen: Is prbJect proponent located in SLO County- 5-3 E*penence of Proponent Is developer experinced in affordable housing i good f0 references? V . 5.4 Project Timing&Readiness JAre project entitlements approved? 4 SUB AL 26 Percentage of Points Received= 100% Point Scored 200 Out of Total Points 1 200 �.r ITEM NUMBER. C-5 DATE. 10/28/08 In specific cases, a point scale is used For example, depending on the percentage of very low and/or low income units provided within a proposed project, between five (5) and eighteen (18) points can be added to the total number of points available Projects that earn at least eighty (80%) percent of the points available will be given consideration by Staff for possible project development. General Plan Consistency _.. The proposed Affordable Housing Funds Policy is consistent with the following General Plan policies HOS 1 1 1 Designate adequate sites and implement programs to help met the City Regional Housing Needs Allocation HOS 6.2 1 Earmark RDA set aside funds for housing projects HOS 8 13 Use Redevelopment Agency funds to leverage State and federal funds (including and encourage the use of private financing mechanisms), to assists in the production of affordable housing HOS 9 13 Continue to review and revise local procedures to streamline the process LOC 1 17 Within the Urban Core encourage infill development or the revitalization or reuse of land already committed to urban development where utilities and public services exist. Conclusion. The Policy provides clear direction for staff when reviewing and evaluating proposed affordable housing projects that are requesting financial assistance from the City and Redevelopment Agency The Policy and checklist will increase staff efficiencies and ensure that proposed projects will meet the desired and mandated affordable housing requirements, and City, State, and other funding source requirements Staff is looking forward to implementing the proposed Affordable Housing Funds Policy, and recommends that the Policy and checklist be approved as presented FISCAL IMPACT Adoption of this Policy has no fiscal impact. 11: ITEM NUMBER: C-5 DATE. 10/28/08 ALTERNATIVES The City Council may refer the application back to staff for additional analysis or clarification of specific issues The Council should provide direction on issues that require additional analysis ATTACHMENTS Attachment 1 Draft Resolution —Approval of Affordable Housing Funds Policy with attached Affordable Housing Participation Checklist Attachment 2 Tierra West Advisor Affordable housing Policy & Strategy Development, May 15, 2008 (Informational Document) r.rr 114 ITEM NUMBER C-5 DATE. 10/28/08 ATTACHMENT 1 Draft Resolution DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA APPROVING AFFORDABLE HOUSING FUNDS POLICY (City of Atascadero) WHEREAS, the City of Atascadero has an Inclusionary Housing Policy for all developments requiring a legislative approval, which includes provisions for in-lieu fees to be applied to future affordable housing; and WHEREAS, the City of Atascadero Redevelopment Agency (RDA) sets aside the state required sum of 20 percent of the tax increment, commonly referred to as RDA set-aside funds for affordable housing; and, WHEREAS, the Atascadero General Plan provides policy direction in support of programs that help meet the City Regional Housing Needs Allocation, earmark redevelopment agency funds for housing projects, and use redevelopment agency funds to leverage State and federal funds to assist in the production of affordable housing; and, WHEREAS, the City of Atascadero held three separate public outreach meetings to discuss affordable issues and develop an affordable housing funds policy; and, NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to approve the Affordable Housing Funds Policy, attached hereto as Exhibit A, which includes an attached Affordable Housing Participation Checklist. On motion by Council Member and seconded by Council Member , the foregoing resolution is hereby adopted in its entirety by the following roll call vote NOW 115 ITEM NUMBER C-5 DATE 10/28/08 AYES ( ) NOES ( ) ABSTAIN ( ) ABSENT ( ) ADOPTED CITY OF ATASCADERO, CA Mike Brennler Mayor ATTEST Marcia McClure Torgerson, C.M.0 , City Clerk APPROVED AS TO FORM. Brian Pienk, City Attorney 116 ITEM NUMBER C-5 DATE. 10/28/08 EXHIBIT A: Affordable Housing Funds Policy Affordable Housing Funds Policy It is the goal of the City that there be an adequate supply of quality housing for its residents regardless of income levels and/or special needs over the long term To achieve this goal, the City will consider assisting affordable housing projects based upon a number of factors Chief among those factors is projects located within the Redevelopment Agency Project Area, affordable housing projects with a commercial retail component, and the return on investment made by the City or Agency In addition to considering the cost per unit, depth of affordability and length of affordability, at least the principal amount of any investment should be returned to the City or Agency in a timely manner This will help to ensure that adequate funds are available to maximize affordable housing opportunities over the long term Goal Promote an adequate supply of quality housing regardless of income levels and/or special needs of residents, and ensure that adequate funds are available to maximize affordable housing opportunities over the long term Policy 1.1. City and Agency will consider assisting affordable housing projects based ' upon a number of factors including projects located within the Redevelopment Agency Project Area, affordable housing projects with a commercial retail component, and the return on investment made by the City or Agency Policy 1.2. City and Agency will use the Affordable Housing Project Ranking Checklist to evaluate proposed affordable housing projects and assistance requests Policy 1.3. City and Agency's highest priority will be to utilize Redevelopment Agency Housing Set-Aside Fund and City Affordable Housing In-Lieu Fund monies to provide "gap funding" so as to leverage funds from other sources for qualifying affordable housing projects. Policy 1.4. At a minimum, the principal sum of any investment made by the City or Agency on an affordable housing project shall be recovered within a prescribed period of time Policy 1.5. At all times the City and the Agency shall obtain the principle amount loaned to a project. Projects that provide an additional return on investment will be given higher priority Policy 1.6. The City and Agency shall consider the experience, the timing, and the readiness of the proponent and proposed project. 117 ITEM NUMBER C-5 DATE. 10/28/08 Policy 1.7. The City and Agency shall make neighborhood compatibility, adherence to zoning requirements, environmental suitability of the site, and neighborhood acceptance principal considerations when evaluating the suitability of any proposed affordable housing project. Policy 1.8. The City and Agency shall make green build practices, building appearance, and landscape principal considerations when evaluating the suitability of any proposed quality affordable housing project. Policy 1.9. The City and Agency shall consider the type of affordable housing project being proposed such as very low/low/moderate income, rental or ownership product, size and variety of units Policy 1.10. The City and Agency shall give higher priority to projects with a lower cost per unit. Policy 1.11. The City and Agency will consider the location and commercial component of a proposed project, and give higher priority to projects located in the downtown area and the Redevelopment Project Area. Policy 1.12. The City and Agency shall obtain the longest possible term of affordability for assisted projects At a minimum 45 years for home ownership units, and 55 years for rental units Policy 1.13. The City and Agency shall encourage a wide range of partnerships between nonprofit corporations and private developers of affordable housing that are located within San Luis Obispo County Policy 1.14. The City and Agency shall use the San Luis Obispo County Council of Governments Regional Housing Needs Allocation Plan (RHNA) Scale as a guideline for the percentage of income targeting housing units that should be developed Exhibit A. Affordable Housing Project Ranking Checklist (post Matrix) 118 EXHIBIT A: Affordable Housing Participation Checklist(Exhibit A Attachment) City of Atascadero - Affordable Housing Participation Checklist Organization Name: Date: Project Name: Contact Person Project Type: Phone: New Construction Email Address: Rehabilitation Application Number: Is this an update to an existing checklist? 0 Optional Points 2 points Encouraged Points 4 oints High Priority Points ;'.N,..ItT ►okiits ,a ;' n a Mandatory Points Criteria Descri tion Re ulrement Type Points 1-1 Funding Leveraged Are there bunds-from eater sources? 18 1-2 Principal Sum Public investment will principal sum be tecotrered in specified time?, 18 1-4 Return on investment Will thersbeareasonaiiereturnonornestmam?'... 4 1-5 Cost Per Unit Lowet'City cost per unit given htgherprrodty 40A 10 60 2-1 Neighborhood Compatibility Dees the ptojecti tlhe neighborhood? ,':- 4 2-2 Adherence Zoning Requirements Does the project follow General Plan Consistencj(1 4 2-3 Environmental Suitabliry, Are'tirere no,fiigrifitard @nvitarieht±il3ssrtes7 2 Does the neighborhood Support?{neighborhood meeting 2-4 Neighborhood Acceptance reglihBd)- = 4 2.5 Green Development Plan 61he-ptolet LEEDiertfeti? 4 2-6 BuilidngAppearance Does phojeEt praywhigh quality architecture?, 4 2-7 Landscape Does pnifeelpmvidehlgflgtialttylandscape? 2 2-8 Commercial Component Projectinclpdes,nixed r3sc7 r'IDNWUMUR10 2-9 Downtown She Project indowntownzoga? 10 2-10 Located in RDA Project Area ProjaCttnttY9 REflavelbp{nent Pratec[Araa? 10 U 3-1 Very Low Income Perdeirbrgea+erynr Intxyme urrils? t8 3-2 Low Income P6rcettYage-Yarytoai tncdme uritis? i-'-' ?as".,;� 10 3-3 Moderate Income wig there be any Mpilerete Income? 4 3-4 Rental Units Project Does pro"4t irrclutle nerd un11s? _ ,.',�,, ,t7 "�nfi° ,',: 10 777 3-5 Number of urlitsldenstty tsT'kojett'etlltaidrlldm Cameral PFiffi,d s , 4 3-8 Variety of Unit Size ts"te a.gdx of tirdt btzelbedrooms?,tmin 25196-of unfsI 2 48 4-t Ownership Units Deed Reshkaon Term 45yetartn tequlfep ' - ' 18 4-2 Rental Unit Dead Restriction Term 55 yeariemt reWtiretl f`', 4.3 Additional Time Restriction f'mpostng;ttrdaedini attsase'1lyearsmor6ltltan4 4 years?.'' 22 5-1 Local Non-PromtFor Profit (S prejeEta SLO,Courdynon-prtriil ihyalved in 10 5-2 Local Proponent IsproloctytpporiatttloCatad;In SLO:CouMy? 2 5-3 Fxperieneeol'Proporont tstl@�ret r:axperincediiaffordab�housing/good k e t�� '� 10 feference9 ;: -iEr - 5-4 Project Timing d Readiness Are.proled entitlements approved? 4 26 low Percentage of Points Received= 100% Point Scored 200 Out of Total Points 200 �7� ITEM NUMBER C-5 DATE. 10/28/08 ATTACHMENT 2: Tierra West Advisor Affordable housing Policy&Strategy Development, May 15, 2008 (informational Document) A i ad* a tordable Housing Policy And Strategy Development Community Redevelopment Agency City of Atascadero Tierra West Adviso,rs: Real Estate and Redevelopment Consultants 0 Contact: Contact Mickwl Garcia Regan Candclario Tierra West Advisors Tierra West Advisors 2616 East 3*4 Street 2616 East 3"Street Los Angeles,CA 9OW3 Los Angeles,CA 90033 Phone:323-2654400 Phone, 805-550-8898 Fax- 323-261-8676 Fax-, 323-261-9676 Email;mgarciaCi�,4icffakicsmdvison.com Email-,ramdclario(o_itiecrawe-.tadvism,com -"001 120 ITEM NUMBER C-5 DATE. 10/28/08 Affordahk Housing Policy Tierra West Advisors Development C ity ol'Atasmiero May 15,20)8 Mr.Martin 'MarV'Tmcey Deputy Executive Director C[TY OF ATASCADERD COMMUNITY REDFVELOPIMENT AGENCY 04)7 El camitio Real Atasc-adero,CA 93422 SUBJECT Aflordable Housing Policy and Strategy Development Dear Mr,Tracey. The Community Redevelopment Agency Mg uncy)of the City of Atascadero("City")has uvirunissioned Tierra West Advisors( Timm Alost") to develop an Affordable Housing Policy and Strategy("Analysis'i, The fallowing data i;s provided in sup ccm rda in �port, Of our r . mcodittiou, that the Agency utilize tate affo Me housing polWy project evaluation checklist and implementation strategy(Exhibits A and 3)that has been cooperatively developed bv City staff,community members and Tierra West over the put six months, Tierm West is confident that these documents meet the two primary Agency goals that were identified throughout the affordable housing policy development process. The six month community outreach process and policy development woricshop activities accomplished the goal of providing a community education process regarding affbTdablc housing to frame the affordable housing objigatiom—ofthe,City for policy decision makers in Atascadero. The project evaluatioji checklist has accomplished the goal of proviiihig staff with an easy tin use tool for reviewing project Proposals and,the provision of a method for analyzing project feasibility for use by policy decision makers- ASSIGNMENT The assignment as requested by the Agency requests that Tierra West provide an anah(sis to include the following! • an analysis of the existing housing prognims offered in Atascadc", • developtnent ofan inventory of existing housing l0knigraot projects-in Atascadero, • analyze existing staffing and mcommend appropriate staffing for housing programs, • identify potential housing program partners, • implementation of a community outreselVeducational effort to key stakeholders in Atascadero including Commissimcn;and City Council me-rrkhm,and • 13-01op a new affordable housing policy and strategy for the Agency BACKGROUND The City of Atascadero is known as a family oriented,mid-size community with a quaint stuall-town chane: The City is buzzing with new business and a blossoming economy Atascadero s rolling-hill topography is covered with oak trees and is lame to a variety of wildli fe species.Residents of Atascadero are concerned with preserving the town's of" space resources and native horticulture, and have kept these goals as a priority 121 ITEM NUMBER C-5 DATE. 10/28/08 West * Affordableelo1-lertr ing Policy `I'i�°rlf"+tl �'�'IPSO �.d�►r15�'Y"� ffDctcl��p(n�ant .i ill ,t 1.�.t�, .J lf:: f 1.�..1. L,tiff of Ataseadero while still cneouraging growth and revitalization. Asascadero was to be E,G. Lewis 'utopia"back when he founded it in 191.3.and it truly is a tiale bit triparadise.it is an exciting place,to lira and do business. Tire past few yearns have beset an exciting time for the City's housing, lire►dram_ The update of the City's General Flan and Housing Element initiated a period of butt eommemial and residential growth in the City. The City Council implcnicntcxlmany policies and actions to promote a vancty,of housing products and pun-vide affordable housing for tlrcir workforce, if approved on.June 10, 21V8 the City will also have an atYcirdibic housing policy in place that will provide c€ear guidelines and expectations for view alTordable housing picajects.. The recent actions include: • Updating the General plan and Housing Element in 2fifl2 • Adoption of an 'inclusionary Housing"Program in 2ftdl3 • Adoption of a"Mixed Ilse"Program in 2004 • Adoption of a Second Residential Unit ordinance in,2004 • adoption of a Second Unit Antnuw.sty policy in 2004 • Adoption of Equity Sharing Program for moderate incoatee units 205 ■ Authorization eo Vebin Pmcess 6or Inclusionary Housing.Ordinance 005 • Authorization to Begin Process for Condominium Conversion ordinance 2005 • Frpec and approval qj'a ner+t Affordable Housing Pealkr.Summer 2008 Alit of these actions contribute to the City's housing Programs and enrable the City to move l4miard toaxard implementation of the City C'outwil adopted Housing Element. The years 2001 through late 2005 continued to show growth. With the mart ref 2llllti,the City began to see a slowing in the housing:market which continues to be the cause in mid 2808. The City has cboscu this tinrc to plan effectively far future hottsi:ng heeds and growth. ASSIGNMENT l`lPDATE$: Anafrsia of catistin>r hoasinPrograms - Tierra Vest has reviewed the 2th05 and 2f!(,16 Annual Housing Report documents, the interim Affordable Policy the adopted Arimcsty Program, Inclusionary dousing and Second unit Program documents. The existing housing. Program analysis provided a basis for development of the affordable hous€ng policy development strategy Tierra West conducted discussions with rkTtay E.uet:utive Director Marty Tracey, Planner Kerry Margason and Agency Board T"surur Itachelle Pickard regarding cxi&tiu#prograrns said Priorities for staffing. Tiersu West also researched information regwrling affirdauble housing programs available from tike private scetor including nonprofit orgataizsations such its liahitat for Humanity Peoples Self ficlp Housing Corporation,Irl Camino Homcle&s organization and the Housing Authority of San Luis Obi". Tierra West identified ntatly affordable housing organizations and advocates based within Atascadero and located within the County of Sul Luis.Obi6poa Tires:contacts,Were Compiled in a datab aNe to serve as a resource for staff for years to come_ Inventnry of hotrsing nrrrnr:attttt7 1'icara West reviewed flies at City Lull and has had brief discussions with the Finance and Community Development Staff`: Tierra West facilitated a working meeting on January 30,2008 to discuss lite status of current fifes and to agrees:upon a standard database forwent and filingplan- A.complete filing,and maintenances pian designed to ensnare long term success fur project monitoring and maintenance was provided to staff: 122 ITEM NUMBER C-5 DATE 10/28/08 Tierra West Ad.N+'�sors ref ord,ahl. Housing Polic} CIN ia.:r .r.rrr •., Llc+t�.lcrpntisc adero ron...ra ,lr.uriv: Staffdetermined that the inventory responsibility and file nainivriance task would be handled through the existing Geographic Information SySte4115("GIS")contract Ninth the Community Development Department. Per Planner Keary M irgtason,Tierra West concluded etl'orts with regard to the i iventory task. Analysis of glatigg and recommendation for housing stafllu a- W cll qualified,well trained and w;:ll equipped staff is tho key to succgssful organizations and successful puhl is R,ctor programming efforts, Tierra West is confident that the human resource efforts of the City of Auscadero will continue the sttt cogful nature of affordable housing etTorts on behalf of the community The final affordable housing policy does not recommend the implementation or development of new allardatble housing Projects Or lim rums;and,therel'tare;no stalling recortuttendadon is needed for implerraentation. Tiena Vilest rnconwtricnds that the City of Atascadevo consider a consolidation of housing efforts to one.depntrment for case. of superr siren and focused efforts rcgarding,monitoring and compliance as wcll ars new pro cwaluatiorr and projeo.numagerncnt resportsibititics, Tierra.West has reviewed rite existing housing projects and housing programs provider]by staff ever the past sire months_ The affordable housing policy reconnr►endation provided a project evaluation checklist that will enable staff ter quickly and efficiently evaluate funding assistance requests £moi the privats sector, The checklist will also assist'toff with the identification of Potential Projects that may be initiated by the Agency or submitted to the development community in the forst of a request for 1xvIx—sols or request for qualifications., Funding of die administration of housing responsibilities can be achieved through the Redevelopme-tit Agency which wound be the logical location for all affordable housing activities. Tierra Vilest also recommends that the Agency idcnfafy a p+artrter and contract moniioring requirement.scrviccs with that partmr to ensure that all mquircrticrus and reporting is completed on schedule. Identlft•potential.Housine Proeram Partnersitlus- T'ienra West has conipleted outreach and cooperative discamious regarding housing programs and the. development a£a new affordable housing policy_ The outreach has enabled Tierra W st to build relationships with key community stakeholders involved in housing.issues. Tierra West has,also identified three potential housing program partners, As dw process comes to a close, %-c Cxpcct that the improved relationship anal continued involvcment of the key stakeholders will facilitate greater partnership opportunities with Pcoplcs Self'Help Housing,Corporation, Housing Authority of San Luis Obispo HASLQI, and San Luis Obispo Hauling Trust bund. Should titrac and budget permit.'Tierra West will schedule and fat i:litatc mcctings with the targeted potential housing Progm"R fwmlcrs, Implement an Outreach and Educational,Effort. Tierra Voest has contacted and developed a database of key stakeholders said organizations who are interested in Atascadem affordable housing. Many of these oontuas have particgmted in the extensive outre tch effort over the past six months. Their inictmst and expertise have assisted in the process of developing an affordable housing policy for the Agency and have cnsumd that the Policy is mAcciivc of the con intinny Ticrr;t Wcst completed two Special Joint Study Sessions including the City Council. Redevelopment Agency Board, Planning !Commission,and the public to study and discuss affordable:housing in Atascadem. The study sessions were field on Tuesday.February 28.2006 avid Tuesday.April 29 200$_ Additionally a caminunity meeting covering a similar agenda was held on Wednesday,Nfamh g 2008_ The outreach and educational 61ort was successful on two fmaats. 12: ITEM NUMBER. C-5 DATE. 10/28/08 Tierra West Advisors s evellopm l-ltsusin�Policy • k city Development 1. iA i•: ,ta; it.arr,' t"it'V'Uf'ila^pCildc`t€l First,l cy decision makers in attendance w�crc providcd a great deal of background regarding the requirement to provide,affordable housing= The information and hands[ut experience provided though the use of quality management tools and a workshop atmosphere greatly enhanced this educational effort: Second,coutmunity menibers in attendatice N%,M- exposed to a significant amount of information regardint;a.ffrardable housing. The availability of information and increased clarity regarding issues(wi&or niytlas)r svciat€xl with afl'urdable housing will be valuable ss the City maws forward with efforts to prncridc affordable housing. The ouircacli associated with the developtimit of the affordable housing policy should serve as a community building cf'ort that creates a pwr+ietship mentality about City stag,residents,businesses and other interested parties. Outreach Efforts: • Two Press Releases • Two published 'News from tete City Manger"newsletters • Two Public Study Sessions Bald iii the City Council Chambers at City haft • One Community Meetinu,held at The Pavilion on the fake • 50+ email corresporideoces to key community stakeholders and affordable houain4 advocates • Over 50 phone discussions with key cotmtruti ity stakeholders said affordable housin#advocates. • Development of a contracts database for future affordable housing communication Ticrnr West utiliTrd a"hands-on approach to the educational outreach effort through two distinct workshop acti%ritics and one on one discussion Tate first workshop activity(Affinity Techniqucl allowed the community to be creative regarding tete provision of affordable housing and theta come to a general consensus regarding affordable housing preferences. The second workshop allowed the c€ernninnityF to further de-fine their preferences and test the proposed policy against potential projects and the reality'of potential project locations within the city Current suppori for the policy and project evaluation checklist and sucer:s.4 of the outreach cffi tt was based on the hands-ern appmach to dcvc loping the new afforclabic policy Devetw a new Attardahle Rousing Policy and Strateiv for the Asen�. Tietnt.West created a,list of twenty-two t?2)housing policy alternative scenarios fur the Agency to consider. Tierra.West chose to continue the:Process with the nicest appropriate course, selected by the Agency, and devClopcd Clic affordable housing policy,project evaluation chmklist,and an implenurntution;strtrtcgy based on that direction provided a-s Exhibits A and R. If you have any questions regarding any of the recorntnendations or analysis I wilt snake myself available for discussion. Please feel tree to contact ine directly at 8051550-8898 or crit email at rcamdelariut tierrawe stndvisorM.ecim_ etre look forward to continuing to work with you and your staff and to tie eventual adoption of a nein hmmng policy by the City Council anal Redevektpincut Algeney Board sumrmc-r of20(08, Sincerely TtERRA%VEST At11'1SORS Regan A Candclarin Senior Associate 124 ITEM NUMBER C-5 DATE. 10/28/08 « I'+fi'ca lopt1-larusin Pcrl c) TierraTierra ' Y West �.t.�vLsi�l`S Licvele+Fstnott t't�i k".aunt•un+L tTE.a..u�gC.reiw s ia�a� � �. t"Itw'i}f �ltasca�irru Ce Mike Garcia,Tierra«lest Advisors NVarsesa.Frace,iCunvntmnity Development Director,City of Atascadero List of ExWbits Policy Dtsc`ttntestt(Exhibit.A) Implementation Strategy(Exhibit F) Projcct Evaluation Chccklist(Exhibit B) Contacts Listing(Exhibit Q File Management System(ExhiNt D) Draft Staff'Report(Exhibit E) 125 ITEM NUMBER C-5 DATE. 10/28/08 14000 (Exhibit IF) implementation Strategy Citti.Agency a ll'ordable housing participation proposedp�rccss: Any request for City/Al eney participation in an affordable housing project or Program must be submitted in writing to the Deputy Executive Director of the Community Redevelopment Agency The request must detail the project Scope, proposed budget,and funding sources. The request must also clearly identify how the project meets andior exceeds the affordable housing policy issue considerations. A copy of the Affordable Housing Policy and Project Evaluation Checklist will be provided to the applicant. The Executive Director and appropriate staffwill review the request and determine a ranking of the project based on the 2008 Afflardable Housing Policy issue considerations. If warranted, staff will convene a meeting with the applicant to clarify any outstanding issues and to answer any project specific questions and iruiv submit the project for consideration by the appropriate governing body If the request is not feasible for any reason,a response letter will be generated by staff. 126 ITEM NUMBER- C-5 DATE 10/28/08 (Exhibit 8) 2008 Affordable Housing Policy-project Ranking Checklist City of Atascadero Possible Proposed AveraEe Wonder lit 'rkmt Iro mq Policy Directives Funding Source Corn fiance 6 0 6__. 6 RHNA Support WereLow 3 0 g 2 0 2 2 Moderate 1 0 1 Above Moderate 0 0 Addresses Agency Deficit 5 0 g g Utilizes SLO Green Build 3 0 0 3 2216 sod P lici HQ33 G1 as HOS G2 1 0 0 0 HOS G3 1 p 1 1 HOS GA 1 0 0 0 IHOS G5 1 0 1 1 HOS G0 1 0 1 1 HOS GT 1 0 0 1 HOS 08 1 no 0 0 HOS Gg 1 0 1 HOS G10 1 0 U Ci Council Prio I+m; the Cities Economic Base 1 1' 1 Emphasis on Roads 1 0 i Natural Resources f iectlon 1 FO 1 Administrative Consideratiois— Cq Considerations- CStaff Burden p p 0 0 Leveraging of outside funding sources and grants. 1 0 g 13 Prro*t includes a repayment plan for the Agency or City 10 0 5 5 t T is requiesti a grant 0 0 0 0 Site control 5 0 0 5 F'ncject is located;linin the Redevelopment P Area S 0 6 6 ET&t is located within the CRY Limits 2 0 2 2 Project is located downtown with higher density and mixed-use components that take advantage of existing transportation and community InfrastructureNacilYly resoLwces. 4 0 0 4 Increased supply of affordable rental housing 4 0 4 4 rt of transitional housing 1 0 0 p Development of SRO housing 1 0 0 0 127 ITEM NUMBER C-5 DATE. 10/28/08 Increased supply of special Needs andfor accessible housing 3 0 3 3 Parlicipalilon with local Nonprofit and commuMty based organizations 3 0 0 3 Housing Development Experience in Atasoadero 3 0 0 3 Housing Development Quantity and Quality of Experierice 3 0 1 0 3 Development of affordable sensor housing opportunities 1 0 1 1 Development of a secondary dwelling unit 2 0 0 0 Total Prplect Points OB 0 49 so [Possible Discretional Point Percentage 15% 15% 15% 5% Maximum Disorownal Points 14 0 1 7 Tj2 rn 711 IMaximuPossible Points 110 0 56.35 1 9 Based on 90%of total points for red, W Rank, twhart Alternative One Yellow 67 76 Based on 86%of total points for red, f7i o t Ran * Chait Alternative Two Yeiflow 52-56 h2it Staff can substitoe completed projects in place of the'evera.ge' project and 'wonder"'project to provide historical comparisons of the current project being reeked. 96 24 128 ITEM NUMBER C-5 DATE 10/28/08 4ftw 18.3 qp Q40 4 '31 C50 01-AXII I it 11 -All fa tJ3 g m V cc al 0 4) 9 2 2 mmm c ° of to (D a logs A 00 c o m'ma I 2 r .L.8 E220 E Al < 0 16','' 5'6 Z:!f 16 Q 66—1, re p>- 2 -o: o at 82 R c -j I j3paot I o j3 c5 010 0 W X tf4cn (n CO WlQla- I- m V3 col I OD .0 8 � �E ow E .2 '12 1 a i ' 2 .2 Jr > Q Q 0 22 cA, -3 d 3. 2 -2 io 0 Lim —iA o c -92 Ql Z ID 2tQg E CL C3 U7 INW 12� ITEM NUMBER C-5 DATE. 10/28/08 1 g nt �,r v 2 9t lm"11,4 11" .0 .0 m .0 0 O�Off. c D a MIAMI I 1 111 JIM ES o o ao tg 0 co C 3 D W a, GD Cp 4S 8. J.- S m;o An N:.r4 ,,m R u--u—— C: ifla r. Q 3r- B 13 MOM2 • Quoo E E E -2, E x X X d E? 0 x 2 2 2 w 1.0 C :amm 01 mafg � m oil 0-�r 0 D I IJ 6 JIM' IMN I I 1i I M -7 mc la: 42. ME 61 m C im 130 ITEM NUMBER. C-5 DATE. 10/28/08 4 Analysis and Draft: Affordable Housing Inventory Community Redevelopment Agency City of Atasoadero io Tierra West Advisors Real Estate and Redevelopment Consultants Contact: Contact: Midhae1 Garda Regan Candelarlo Tierra Wast Advisors,LLC Tierra'West Advisors,LLC 168 Annandale Rd. 1284 Sydney Street Pasadena.,CA 91105 San Luis Obispo,CA 93401 Phone:(714)309-1104 Phone:(714)323-8226 Fax:(714)754-4365 Fax:(626)796-5488 Email:mgarcia@tierrawestadvisors.com Email:rcandelario@tierrawestadvisors.com (Exhibit D) Iow, 131 ITEM NUMBER C-5 DATE 10/28/08 Kir Marty Tracey AFFORDABLE HOUSING INVENTORY Atascadero Community Redevelopment Agency January 14,2008 Page 3 • Adoption of a Second Residential Unit ordinance in 2004 • Adoption of a Second Unit Amnesty policy in 2004 • Adoption of Equity Shoeing Program for moderate income units 2005 • Authorization to Begin Process for Inclusionary Housing Ordinance 2005 • Authorization to Begin Process for Condominium Conversion Ord.2005 All of these actions contribute to Alascadero's housing programs and enable the City to move forward toward implementation of the City Council adopted Housing Element- The years 2001 through late 2005 continued to show growth. With the start of 2006, the City began to see a slowing of growth in the housing market. The success of these programs and projects has necessitated the organization of, and streamlining of the process for management and monitoring of the various housing programs offered by the Agency and City of Atascadero. In particular the projects with covenants must be monitored and inspected on a regular basis as well as the housing loan and grant programs (bat must be monitored and inspected on a regular basis. Tierra West identified that the Finance division has one set of documents that provide detailed information regarding existing loans. Tierra West also found that there are project files in more than,one location within City Hall. The loan and grant program files appear to be filed based on different time frames and based on different program names. The City of Atascadero has done an excellent job coping with a very difficult office space situation following the earthquake damage to City Hall in December of 2003. Following the earthquake,staff has been required to move documents from one place to another on mulfiple occasions. The following recommendation is provided to meet this Agency need as well as to provide direction for appropriate housing program staffing, RECOMMENDATIONS • Develop a Central Filing System and Central Filing System location within City Hall for all Housing Program Related Documents. • Create a Central Filing System guidelines document, distribute the guidelines to all staff, post the guidelines atthe central filing system location, and schedule a simple one hour training session for key staff(Project Managers, Loan Specialists, Support Staff,Interns), • Schedule two coordination meetings for the key staff members from Finance and Community Development. (Include the Planning Staff as needed.) The meetings will provide an opportunity for each diviislon to agree upon their respective needs regarding the file system and document format, • Agree upon a single document andfor program application to be used for all housing related projects. The system should include a 'tickler,function for follow-up on each individual case as needed. Additionally the document should be set-up so that only key people have access to the main inventory document so that files are not lost or changed with out the proper approval, • Implement the central filing system recommendation by December 31 2008 Tierra Wast is available to facilRate this.process and provide the necessary documents to 132 ITEM NUMBER C-5 DATE. 10/28/08 **AW Mr.MarlyTraosy AFFORDAKE HOUSING INVENTORY Atascadere CommL"ty Redevelopment Agency January 14,2008 Page 4 accomplish the central filing system as an added scope of service:under the current contract. Alternative 1. Continue the status quo which does not improve the current system and will undoubtedly increase the potential for projects 'failing through the cracks. Projects that fall through the cracks will create a situation where the Agency becomes subje:ot to fines and unfavorable results during State and Federal audits. Alternative 2: Relocate all of the project files to one location and allow each Division to maintain the status quo. This will improve the process; however it Will not generate communication among the Divisions and will not improve the likelihood of positive audit outcomes from State and Federal auditors. If you have any questions regarding any of the recommendation's or analysis I will make myself available for discussion. Tierra Wes( is available to facilitate the staff training, inter division discussions and to assist with the implementation of the filing system as an added scope of service under our current contract. Sincerely, TIERRA WEST ADVISORS Regan M.Canclefario Senior Associate *#JW 133 ITEM NUMBER: E-5a DATE 10/28/08 City of Atascadero Quarterly Commissioner Attendance Report July through September, 2008 �, ,��.� ��. ,��.�:.�.-..��� � ���ami�. �� ���`�sr; � ,��� � c��, leetln � Shr��n►casel�zier Julie Dunn P P Jay Sechrist P P Barbie Butz P P Sorrel Marks P P Jonnalee Istenes P P Dan Chacon P P Ann Hatch P P -. � �.� a36 �`.� '� %� y ��' .,5��, 'a ass.`��. �$1 =�' k �,'��'^{ „ •,� a�, k �.r '�' Y a a.`'ate„ �tea: c �'�,' s � :�. mss.a +S Sandy Jack No Mtg P P P P P Joan O'Keefe No Mtg P P P P P Roberta Fonzi No Mtg P P P P P Heather Moreno No Mtg P P P A(E) P Dan O'Grady No Mtg P P P A(E) P Doug Marks No Mtg I P P P P P Pamela Heatherington No Mtg A E P P P P P= Present A=Absent A(E)= Excused Absence AdminAsst/CityClerk/Commissions/A ttendanceReports/089208.doc 135 J J J