HomeMy WebLinkAboutAgenda Packet 102808 rp���,' P r 11 ' CITY OF ATASCADERO
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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.
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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]
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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
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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
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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
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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
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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
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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]
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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.)
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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,
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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
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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
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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
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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
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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'
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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
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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
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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
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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
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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
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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
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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 $50,000 to study
the impacts of the new requirements and prepare a compliant SWMP
ATTACHMENTS
1 RWQCB staff's February 15, 2008 Letter
2 RWQCB staff's July 10, 2008 Letter
3 RWQCB staff's August 12, 2008 Letter— denying time extension request
r.rr
s
60
ATTACHMENT A
9-23-08 Staff Report
Attachment 1
err RWQCB's February 15, 2008 process letter
0 California Regional Water Quality Control Board
Linda S.Adams Central Coast Region
Agency SecrelaryhwaArnoldrnenwa
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Intemel Address:htip://www.waterbmd$.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
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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
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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
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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
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ATTACHMENT A
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«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
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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
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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
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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
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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
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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
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ATTACHMENT A
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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
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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
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ITEM NUMBER C-5
DATE. 10/28/08
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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
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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
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mss.a
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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
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