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HomeMy WebLinkAboutAgenda Packet 121410ARCHIVE COPY CITY CLERK CITY OF ATASCADERO COMMUNITY REDEVELOPMENT AGENCY AGENDA Tuesday, December 14, 2010 6:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California REGULAR SESSION — CALL TO ORDER: 6:00 P.M. ROLL CALL: Chairperson Kelley Vice Chairperson Clay Board Member Beraud Board Member Fonzi Board Member O'Malley APPROVAL OF AGENDA: Roll Call COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Board on any matter not on this agenda and over which the Board has jurisdiction. Speakers are limited to three minutes. Please state your name and address for the record before making your presentation. The Board 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 Board.) 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 Agency Board or public wishes to comment or ask questions. 1 A C. 61 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 Agency Board concerning the item before action is taken. DRAFT MINUTES: Agency 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 Agency Board. If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of this meeting.) 1. Community Redevelopment Agency Special Meeting Draft Action Minutes — October 26, 2010 ■ Board Secretary Recommendation: Board approve Community Redevelopment Agency Special Meeting Draft Action Minutes of October 26, 2010. [Board Secretary] 2. Community Redevelopment Agency of Atascadero 2011 Meeting Schedule ■ Fiscal Impact: None. ■ Recommendation: Agency Board approve Community Redevelopment Agency meeting schedule for 2011. [Executive Director] PUBLIC HEARINGS: None. MANAGEMENT REPORTS: 1. Revisions to Restaurant Stimulus Proaram — Loan Assistance ■ Fiscal Impact: Up to $1 million of budgeted Redevelopment Agency funds could be pledged. ■ Recommendations: Agency Board: 1. Approve the components of, and criteria for, the Restaurant Loan Assistance Program, and; 2. Approve as to form the Loan Assistance Agreement between the Atascadero Redevelopment Agency and participating banks, and; 3. Approve as to form the Reimbursement and Indemnification Agreement between the Atascadero Redevelopment Agency and participants of the Restaurant Loan Assistance Program, and; 4. Authorize the Executive Director to execute such agreements with no single agreement to exceed $500,000, and; 5. Appropriate $1,000,000 from Redevelopment Agency funds to fund loan guarantees for this program. 2. Fiscal Year 2009-2010 Audit ■ Fiscal Impact: None. ■ Recommendations: Agency Board review and accept the financial audit for the period ended June 30, 2010. [Executive Director] BOARD ANNOUNCEMENTS AND REPORTS: (On their own initiative, the Board Members may make a brief announcement or a brief report on their own activities. Board Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Board may take action on items listed on the Agenda.) D. ADJOURNMENT TO CITY COUNCIL MEETING 3 ITEM NUMBER: RA A - 1 DATE: 12/14/10 CITY OF ATASCADERO COMMUNITY REDEVELOPMENT AGENCY SPECIAL MEETING DRAFT ACTION MINUTES Tuesday, October 26, 2010 6:00 P.M. City Hall Council Chambers 6907 EI Camino Real Atascadero, California REGULAR SESSION — CALL TO ORDER: 6:00 P.M. Chairperson Kelley called the meeting to order at 6:02 p.m. ROLL CALL: Present: Board Members Beraud, O'Malley, Fonzi, Vice Chairperson Clay and Chairperson Kelley Others Present: Board Secretary Marcia McClure Torgerson Staff Present: Executive Director Wade McKinney, Assistant Executive Director Jim Lewis, Police Chief Jim Mulhall, Fire Chief Kurt Stone, Community Services Director Brady Cherry, Administrative Services Director Rachelle Rickard, and City Attorney Brian Pierik. RDA Draft Action Special Meeting Minutes of 10/26/10 Page 1 of 3 5 ITEM NUMBER: RA A - 1 DATE: 12/14/10 APPROVAL OF AGENDA: Roll Call MOTION: By Board Member Fonzi and seconded by Board Member O'Malley to approve the agenda. Motion passed 5:0 by a roll -call vote. COMMUNITY FORUM: None A. CONSENT CALENDAR: 1. Communitv Redevelopment Aaencv Special Meeting Draft Action Minutes — September 14, 2010 ■ Board Secretary Recommendation: Board approve Community Redevelopment Agency Special Meeting Draft Action Minutes of September 14, 2010. [Board Secretary] MOTION: By Board Member Fonzi and seconded by Board Member Beraud to approve the Consent Calendar. Motion passed 5:0 by a roll -call vote. B. PUBLIC HEARINGS: None. C. MANAGEMENT REPORTS: 1. Proposed Expansion to Local Business Stimulus Proaram for Restaurants -- Short Term Loans and Microloans ■ Fiscal Impact: Up to $1,000,000 of Redevelopment Agency funds would be invested in this program. The program would seek to see a return of this entire principal with some interest income. ■ Recommendations: Agency Board: 1. Approve in concept expanding the Restaurant Stimulus Program to include offering short-term loans to restaurateurs renovating or constructing restaurants in the downtown zone and to promote existing microloan programs; and, 2. Direct the Executive Director to design a loan program and all related documentation for Agency Board review and approval. Assistant Executive Director Jim Lewis gave the staff report and answered questions from the Council. PUBLIC COMMENT: None RDA Draft Action Special Meeting Minutes of 10/26/10 Page 2 of 3 n ITEM NUMBER: RAA -1 DATE: 12/14/10 MOTION: By Board Member O'Malley and seconded by Board Member Fonzi to: 1. Approve in concept expanding the Restaurant Stimulus Program to include offering short-term loans to restaurateurs renovating or constructing restaurants in the downtown zone and to promote existing microloan programs; and, 2. Direct the Executive Director to design a loan program and all related documentation for Agency Board review and approval. Motion passed 5:0 by a roll -call vote. BOARD ANNOUNCEMENTS AND REPORTS: None D. ADJOURNMENT TO CITY COUNCIL MEETING Chairperson Kelley adjourned the meeting at 6:18 p.m. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C. City Clerk / Board Secretary RDA Draft Action Special Meeting Minutes of 10/26/10 Page 3 of 3 7 Atascadero City Council Staff Report — Executive Director ITEM NUMBER: RA A-2 DATE: 12/14/10 Community Redevelopment Agency of Atascadero 2011 Meeting Schedule RECOMMENDATION: Agency Board approve Community Redevelopment Agency meeting schedule for 2011. DISCUSSION: The Atascadero Community Redevelopment Agency, pursuant to Article III, Section 1 of its Bylaws, amended October 9, 2007, meets quarterly on a day and time to coincide with regular meetings of the City Council. Additional meetings may be held as deemed lecessary for the purpose of transacting the business of the Agency. Staff has prepared the attached schedule for the year 2011 to help in the coordination of these meetings with personal schedules. 7ISCAL IMPACT: None ,.TTACHMENT: Community Redevelopment Agency 2011 Meeting Schedule 0 10 ITEM NUMBER: RA A-2 DATE: 12/14/10 City of Atascadero Office of the City Clerk Atascadero Community Redevelopment Agency 2011 Meeting Schedule MEETING DATE TYPE OF MEETING March 22 Regular June 21 Regular September 27 Regular December 13 Regular Regular meetings shall be held at the City Council Chambers, 6907 EI Camino Real, Atascadero California, unless otherwise specified, quarterly on a day and time to coincide with regular meetings of the City Council. Additional meetings may be held as deemed necessary for the purpose of transacting the business of the Agency. A regular meeting of the Agency may be adjourned to a time and place specified in the order of adjournment pursuant to the requirements of Government Code Section 54955. Meetings are held at 6:00 p.m. For questions, contact the Office of the City Clerk 470-3400 Redevelopment AgencylRDA Meeting Schedule2011 11 In ITEM NUMBER: RA C-1 DATE: 12/14/10 Community Redevelopment Agency of Atascadero Staff Report - Executive Director Revisions to Restaurant Stimulus Program - Loan Assistance RECOMMENDATIONS: Agency Board: 1. Approve the components of, and criteria for, the Restaurant Loan Assistance Program, and; 2. Approve as to form the Loan Assistance Agreement between the Atascadero Redevelopment Agency and participating banks, and; 3. Approve as to form the Reimbursement and Indemnification Agreement between the Atascadero Redevelopment Agency and participants of the Restaurant Loan Assistance Program, and; 4. Authorize the Executive Director to execute such agreements with no single agreement to exceed $500,000, and; 5. Appropriate $1,000,000 from Redevelopment Agency funds to fund loan guarantees for this program. DISCUSSION: On October 26, 2010, the Agency Board directed staff to develop a program to provide short-term financial assistance to people looking to open or expand restaurants in the downtown area of Atascadero. The reason the program is being proposed is that there continues to be impediments to accessing capital, even in situations where successful businesses are looking to expand and have existing equity. Since that time, staff has been talking with local banks and the Agency Counsel to develop a loan assistance program that could be implemented efficiently and quickly. 13 Proposed Short-term Capital Loan Program Staff has looked at several different alternatives for the program including making direct loans to participants, transferring funds to banks for direct loans to participants, and guaranteeing loans made to participants similar to the program used for Colony Square. In evaluating options, staff is recommending a program that: • Can be implemented quickly and efficiently; • Involves local banks as the lending institution; • Leverages the Agency's funds to obtain maximum investment; • Is consistent with state law and labor code 1720(b), the labor code that regulates investment of public funds into private projects greater than a de minimis value;' and, • Is cost-effective to implement. Program Components Based on these parameters, it appears that the existing loan assistance program in place that guaranteed the construction loan to Colony Square would be an effective model to incentivize lending for restaurant expansion. Specifically, guarantees for any one loan would: • Be in amounts of $500,000 or less; • Be released within 18 months of the guarantee's issuance or once long term financing for the project is received, whichever comes first; • Need to be fully collateralized through a reimbursement and indemnification agreement; • The total loan would be issued at no more than 90% loan -to -value; • Loan proceeds could only be used for construction of a new building or the renovation of an existing building including tenant improvements and the installation of commercial kitchen equipment. Existing restaurants in the downtown area would be eligible to participate if they were expanding their business (defined as increased serving area and kitchen capacity); • The restaurant would need to be located in the downtown commercial area (DC zone); • A restaurant would be defined as a "bona fide public eating place" in Section 23038 of the Business and Professions code which says that a restaurant must have a kitchen connected to it, have a seating area, and exist primarily for serving meals with a substantial amount of income coming from meals. If alcohol is served, the establishment must possess ABC license type 41 or 47. ' As outlined in the California Department of Industrial Relations' Coverage Determination letter in Public Works Case No. 2009- 001 dated Slav 13, 2009, which concerned the loan guarantee provided by the Agency in connection with the Colony Square. 14 Funding Determination The actual amount of the assistance being issued would be tied to three key factors; 1) job creation, 2) restaurant size and 3) potential sales /sales tax revenues generated. For start-up businesses, annual sales and likely employment would be estimated based upon accurate pro forma data and sales and employment figures of existing similar restaurants. For each factor, a specified amount of funding would become available depending on how the proposed business meets certain criteria within each factor. For example in the proposed program, for a small family -run restaurant of less than 1,000 square feet with less than $250,000 in annual sales, the maximum guarantee amount would be $125,000. While this likely would not create a new building, it could provide for tenant improvements or kitchen equipment. For a larger regional or national tenant, in a location exceeding 4,000 square feet with over 20 jobs and $1,000,000 in sales, the maximum amount would be $500,000. These criteria are based on the Board's priority of creating additional tax revenues through increased sales and creating jobs for community members. The following chart illustrates the criteria for guarantee amounts and the amount of assistance offered. JOB CREATION (Up to 30% of total funds) 0-5 jobs 5-10 jobs 10-20 jobs 20 or more jobs RESTAURANT SIZE (Up to 20% of total funds) <1,000 square feet >1,000 square feet >2,500 square feet >4,000 square feet ANNUAL SALES/SALES TAX GENERATION (Up to 50% of total funds) Fundinq Eligibility Amount $37,500 $75,000 $112,500 $150,000 VIM $25,000 $50,000 $75,000 $100,000 <$250,000 in sales ($2,500 sales tax) $62,500 >$250,000 in sales (more than $2,500 sales tax) $125,000 >500,000 in sales (more than $5,000 sales tax) $187,500 >1,000,000 in sales (more than $10,000 sales tax) $250,000 = up to $500,000 15 How the Guarantee Program Works As a review, this model is very similar to the SBA 7a program currently provided by the federal government. By having the Agency pledge up to $500,000 per loan as collateral or a "guarantee," loan amounts could be increased and capital opportunities opened up because the guarantee minimizes risk to the lending institutions. According to the Loan Assistance Agreement (Attachment 1), an amount of up to $500,000 per restaurant (not to exceed $1,000,000 total for the program) would be pledged and placed into an interest bearing deposit instrument preceding the drawdown of construction funding for the restaurant project and through the duration of the construction loan. The funds would ultimately only be at risk if the project failed and the liquidation of pledged assets were insufficient to cover the remaining loan balance, and the assets connected to the personal guarantee/pledge were unable to be collected or were insufficient to cover the loan amount. Consistent with a SBA 7a Loan Guarantee, the Agency would collect up to a 2.00% loan guarantee fee, or $10,000 (on a $500,000 guarantee) immediately upon funding of the loan. The bank would collect an annual servicing fee of 0.494% or $2,470 annually (on a $500,000 guarantee). The Agency's total exposure is capped at the amount of the guarantee, up to $500,000 per project. Other provisions in the agreement include: • The bank shall keep the Agency fully informed of all material aspects of the servicing of the loan including any default by Borrower, information concerning material changes to Borrower's financial condition and assets, and all other circumstances bearing on the risk of nonpayment of the indebtedness and the nature, scope, and extent of those risks • The Agency shall be entitled at any time upon providing written notice to the Bank to examine and obtain copies of all notes, security agreements, instruments, and all other agreements and documents related to the loan. • The bank shall complete and forward to the Agency a written quarterly loan status report. • Written approval from the Agency must be obtained prior to any material changes in the loan terms & conditions including: renewal, compromise, extension, acceleration, or other changes in the terms of the loan, loan agreement, or any part thereof. • Bank will obtain written approval from the Agency prior to extending any loan or advance by the bank to the borrower during the term of or life of this agreement (with the exception of any loans or commitments currently outstanding with the bank or any of its participants). • The Agency shall pay an amount not to exceed the full Guarantee to the bank within 60 days after written demand and notice by Bank together with evidence UX that any and all security and guarantees other than the Agency's guarantee have been exhausted and were insufficient to satisfy the loan. The guaranteed amount the Agency shall be obligated to pay shall be limited to the lesser of: o The amount of the actual guarantee not to exceed $500,000; or the outstanding balance after credit for: ■ all payments received from Borrower; ■ all amounts received by Bank from liquidating any and all security for the loan; ■ collections from exhausting any and all guarantees other than the Agency guarantee. Collateralization of Guarantee In preparing the guarantee program, Staff is mindful of the Agency Board's continued direction to protect the Agency and taxpayers as much as possible. While Staff believes the aforementioned agreement achieves this, further protection is received by having the participants sign a Reimbursement and Indemnification Agreement (Attachment 2). In essence, this agreement collateralizes the guarantee and states that if the participant/borrower defaults on the construction loan and the Agency is required to release some or all of the up to $500,000 in pledged funds, then the borrowers must pay that amount back to the Agency within 12 months plus 10% interest per annum. If this amount isn't paid the Agency may pursue a judgment against the participant's assets. The agreement further provides that the borrowers indemnify the Agency against claims arising from or related to the Project. Program Goals If the program is approved by the Agency Board this evening, there could be several benefits. These include: 1. New Investment. The Agency's $1,000,000 investment could represent over $6,000,000 in new investment into the downtown area. The investment also represents construction jobs and the purchase of goods and services in the community during construction. 2. New Jobs. Assuming three restaurants participated in the program, over 60 permanent jobs could be created. 3. Increased Sales Taxes. A large family style restaurant can generate between $1-2 million per year. At this level, three restaurants could net $30,000 - $60,000 in sales taxes per year in addition to property taxes. 4. Vibrant Downtown and Critical Mass. Incentivizing restaurants in the downtown core, a naturally dense commercial area, creates energy and excitement. The more restaurants in a given area (critical mass) the more traffic there will be. e7 Financial Analysis: Redevelopment funds will be pledged to collateralize each loan. While the money would not be expended and will remain an asset of the Agency, it will be pledged as a security cannot be spent for another purpose. Additionally, the funding would be at risk should the loan fail to be paid per the loan agreement and the pledged collateral not be immediately recovered. Construction of new restaurants in the downtown and near the new movie theater will have a positive effect on the downtown economy and will generate additional sales and property tax. FISCAL IMPACT: Up to $1 million of budgeted Redevelopment Agency funds could be pledged. ATTACHMENTS: Attachment 1: Loan Assistance Agreement Attachment 2: Reimbursement and Indemnification Agreement Attachment 3: Assignment of Deposit Account Attachment 1 LOAN ASSISTANCE AGREEMENT This agreement is made this day ofat San Luis Obispo County, California between (hereinafter "Bank") and the Community Redevelopment Agency of the City of Atascadero (hereinafter "CRA") (collectively referred to hereinafter as the "Parties"). WHEREAS, CRA wishes to support economic development activity in the City of Atascadero; WHEREAS, CRA is willing to provide a loan guarantee to Bank in order to assist , (`Borrower") in obtaining a construction loan for the construction of a commercial restaurant project located in Atascadero, California (the "Project"), and to induce Bank to make a loan to Borrower. Said loan being Loan No. , evidenced by Promissory Note dated (hereinafter, the "Loan"). The amount of the Loan is ($ ) (the "Loan Amount"). A complete copy of the Bank's Loan Agreement with Borrower, including the Promissory Note, is attached hereto marked as Exhibit 1 and is incorporated into the terms of this Agreement by reference. WHEREAS, Bank is willing to make the Loan to Borrower in the Loan Amount on condition that CRA guarantee payment of up to the first ($ ) of the outstanding balance of Loan in accordance with the terms and provisions of this Agreement. NOW, THEREFORE the parties agree as follows: 1. GUARANTEE: CRA shall guarantee collection of up to $ of the Loan Outstanding Balance as provided in this Agreement (the "Guarantee"). "Outstanding Balance" is defined as the amount of principal, accrued interest and the cost of administering the Loan or collecting the debt. The CRA's guarantee of collection shall be evidenced by and embodied in this Agreement. CRA assigns and grants to Bank a security interest in a cash account held on deposit with the Bank in the amount of $ for the life of the Loan to secure the Guarantee (the "Security Account"). The Security Account shall be FDIC insured, or fully protected in such other manner as is mutually acceptable to the Bank and CRA, and Bank shall pay and remit interest to CRA on all funds held in the Security Account at the highest rate Bank provides for deposit accounts of similar amount and duration. 2. LOAN GUARANTY FEE: Bank shall collect a loan guaranty fee for CRA of 2.00% of the guarantee amount ($ ) from Borrower that shall be distributed by Bank to the CRA at closing. Bank may request a return of the loan guaranty fee upon cancellation of this Agreement prior to any disbursements being made to Borrower. There will be no return of the loan guaranty fee at any time after Bank has made disbursements against the guaranteed Loan. 3. DISTRIBUTION OF FEE AND INSTRUMENTS: Bank shall immediately after Loan closing distribute the guaranty fee to the CRA and submit a copy of the executed note, settlement sheet, and other instruments pertaining to the Loan and Loan Agreement to CRA. 19 4. LOAN PROCESSING: Bank shall process and close the Loan consistent with prudent closing practices. 5. ADMINISTRATION OF LOAN: Bank shall administer and service Loan. Bank will collect an annual servicing fee of 0.494% of any remaining guarantee amount from the Borrower and remit the same to CRA. Bank shall notify CRA of any material default by Borrower under the Loan. 6. INSPECTION OF RECORDS: CRA shall be entitled at any time upon written notice to Bank to examine and obtain copies of all notes, security agreements, instruments of hypothecation, and all other agreements and documents, and any Loan repayment records held by Bank which relate to the Loan. Further, upon written demand and notice by Bank to CRA that any and all security and guarantees other than this Agreement for the Loan have been exhausted and were insufficient to satisfy the Loan in full, Bank, and its successors and assigns, shall release to CRA all personal financial information pertaining to Borrower, and (collectively, "Indemnitors"), which Indemnitors have provided to Bank. 7. LOAN STATUS REPORT: Bank shall complete and forward to CRA a written quarterly loan status report including but not limited to current status and repayment history of the Loan, as requested. 8. BANK ACTION: Bank will obtain written consent from CRA prior to taking any of the following actions: renewal, compromise, extension, acceleration, or other change in the time of performance of or other material changes in the terms and conditions of the Loan, Loan Agreement, or any part thereof. 9. ASSIGNMENT: Bank may not assign this guarantee in whole or in part without written approval of CRA other than those disclosed as participants at time of funding and their successors and assigns. 10. SUBSEQUENT LOANS: Bank will obtain written approval from CRA prior to making any loan or advance by Bank to Borrower during the life of this agreement, other than advances in connection with the Loan, with the exception of any loans or commitments currently outstanding with the Bank or in which it is a participant. 11. PAYMENT: CRA shall pay an amount not to exceed the full guaranteed amount to Bank within 60 days after written demand and notice by Bank that any and all security and guarantees other than this Agreement for the Loan have been exhausted and were insufficient to satisfy the Loan in full. The guaranteed amount CRA shall be obligated to pay shall be limited to the lesser of (a) $ _; or (b) the Outstanding Balance after credit for (i) all payments received from Borrower, (ii) all amounts received by Bank from liquidating any and all security for the Loan, and (iii) collections from exhausting any and all guarantees other than this Agreement. Following 60 days after written demand and notice by Bank that any and all security and guarantees other than this Agreement for the Loan have been exhausted and were insufficient to satisfy the Loan in full, Bank shall be authorized to apply funds in the Security Account to satisfy the guaranteed amount. Notwithstanding the foregoing, in no event shall the 20 Bank be required to liquidate any security or pursue and guarantee that the Bank has determined in good faith lacks material economic value. 12. WAIVER: CRA waives to the fullest extent permitted by law (a) any defense it may acquire by reason of Bank's election of any remedy against it or borrower or both, including, without limitation or election by Bank to exercise its rights under the power of sale in any Deed of Trust securing the Loan and the consequent loss by CRA of the right to recover any deficiency from Borrower; and (b) all rights and benefits under California Code of Civil Procedure Sections 580a, 580b, 580d and 726, to the extent these statutory Sections have any application. CRA also waives any rights or defenses arising by reason of (a) any disability or other defense of Borrower, any other guarantor or any other person, (b) the cessation from any cause whatsoever, other than payment in full, of the amounts owing under the Loan, including bankruptcy, (c) any statute of limitation available to Borrower, or (d) any act or omission of Bank that contributes to the discharge of Borrower or any other guarantor or release of the collateral unless such act or omission breaches any of Bank's obligations to CRA in this Agreement. Except as is expressly provided in this Agreement, CRA waives all rights of subrogation, reimbursement, indemnification and contribution and any other rights and defenses that are or may become available to CRA by reason of California Civil Code Sections 2787 to 2855, inclusive. 13. LIMIT OF LIABILITY: Liability of CRA to Bank under this Agreement is limited to the lesser of: (a) $ ; or (b) the Outstanding Balance after credit for (i) all payments received from Borrower, (ii) all amounts received by Bank from liquidating any and all security for the Loan, and (iii) collections from exhausting any and all guarantees other than this Agreement. Except for this express liability, CRA shall not be held obligated or responsible in any way for any possible liability incurred on the part of the Borrower toward the Bank, no matter how that liability may be incurred. Further, the terms and provisions of this Agreement are neither intended, nor may they be construed, to create any third -party beneficiaries, and CRA shall not be held obligated or responsible in any way for any possible liability incurred on the part of the Borrower toward any other entity, no matter how that liability may be incurred. 14. SUBROGATION: Upon payment to Bank of the guaranteed amount of Loan, CRA shall become subrogated to the extent of such payment to all rights which Bank had against Borrower, but shall not exercise such rights unless and until the Loan has been repaid in full. 15. ATTORNEY'S FEES: In any action or proceeding brought by either party to enforce this Agreement or any provision hereof, the prevailing party shall be entitled to all costs incurred and reasonable attorney's fees, in addition to any other amounts to which such party is entitled under this Agreement. 16. PREVAILING WAGE: In 2009, CRA submitted a request for a coverage determination to the Department of Industrial Relations ("DIR") regarding the subject of prevailing wage requirements for a project similar to the Project arising from CRA's entering into a loan guarantee agreement similar to this Agreement. CRA received a coverage determination letter from the DIR dated May 13, 2009, a true and correct copy of which is attached hereto as Exhibit 2. The Parties agree that neither this Agreement, nor any actions or communications by CRA, constitute or shall have the effect of making any representation by 21 CRA that prevailing wages will not have to be paid in connection with the Project or any portion thereof. 17. CONFLICTS: In the event of any conflict between the terms of this Agreement and the Loan documents entered into by the Borrower and the Bank, the terms of this Agreement shall control as between the CRA and the Bank. IN WITNESS WHEREOF, Bank and CRA have caused this agreement to be duly executed on the date first above written. ("BANK") By: Title: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF ATASCADERO By: Title: 22 Attachment 2 REIMBURSEMENT AND INDEMNIFICATION AGREEMENT (Atascadero, California) This Reimbursement and Indemnification Agreement ("Agreement") is entered into as of , by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF ATASCADERO ("CRA"), as the indemnified party on the one hand, and , collectively on the other hand (collectively, "Indemnitors"), who for good and valuable consideration agree as follows: 1. Recitals. This Agreement is made with reference to the following facts and circumstances which the parties acknowledge to be true: (a) Pursuant to that certain Loan Agreement dated as of (the "Loan"), by and between (the "Lender") as lender, and (the `Borrower") as borrower, Borrower is borrowing from Lender the principal amount of Dollars ($ ) to be used for the construction of a commercial restaurant project located at in the City of Atascadero, California (the "Project") , all as more particularly described in the Loan. (b) In connection with entering into the Loan with Borrower, Lender has required that CRA guarantee certain obligations of Borrower under the Loan and execute and deliver to Lender a Loan Assistance Agreement (the "Guaranty") in the form attached hereto as Exhibit A. (c) have material financial interests in Borrower and will directly benefit from the making of the Loan, and Indemnitors ( and ) all desire that CRA enter into, execute and deliver the Guaranty. (d) CRA is willing to enter into, execute and deliver the Guaranty provided that Indemnitors agree to the matters contained in this Agreement, including, without limitation, reimbursement and indemnification of CRA for any liability it may have under the Guaranty on the terms provided in this Agreement, and as a material inducement to CRA to enter into, execute and deliver the Guaranty, Indemnitors are willing to so agree and to so reimburse and indemnify CRA. 2. Reimbursement. If CRA at any time or from time to time shall be obligated to make, and actually does make, any payment pursuant to the terms of the Guaranty, whether voluntarily, involuntarily or pursuant to any judgment or other court order ("Guaranty Payment"), Indemnitors agree to pay to and reimburse CRA for the full amount of such Guaranty Payment with interest at 10% per annum from the date of actual payment by CRA under the terms of the Guaranty. Such payment and reimbursement shall be made to CRA without abatement, deduction, offset or counterclaim within twelve (12) months following the giving of written notice by CRA to Indemnitors of the making of such Guaranty Payment; provided, that al the failure of CRA to give such notice shall not release Indemnitors from their oblivation to pay and reimburse CRA for the full amount of such Guaranty Payment. Such payment and reimbursement shall be made to CRA at the address to which notices to CRA are to be given pursuant to Section 8(a) of this Agreement. The obligations and agreements of Indemnitors contained in this Section 2 shall survive the expiration or termination of the Guaranty. 3. Indemnification. Indemnitors agree to indemnify and hold harmless CRA, its present and future board members, officers, agents, servants and employees, and each of them, against and from any and all claims, damages, losses, liabilities, judgments, costs and expenses (including attorneys' fees and costs) which they, or any of them, may suffer or incur which arise from, relate to or are connected with the Project or any payment by or liability of CRA under the Guaranty. Upon demand by any party indemnified pursuant to this Section 3 at any time, Indemnitors agree to reimburse said party for any legal or other expenses incurred in connection with investigating or defending against the foregoing. If any action, suit or proceeding arising from any of the foregoing is brought against any party indemnified pursuant to this Section 3, Indemnitors, to the extent reasonably determined by such party as necessary or advisable in order to protect the rights of such party in connection with such action, suit or proceeding, will resist and defend such action, suit or proceeding by counsel designated by CRA (which counsel shall be reasonably satisfactory to Indemnitors). The indemnities and agreements of Indemnitors contained in this Section 3 shall survive the expiration or termination of the Guaranty. 4. Environmental Indemnity. In addition to, and without limiting, the obligations of Indemnitors under this Agreement, Indemnitors agree to indemnify and hold harmless CRA, its present and future board members, officers, agents, servants and employees, and each of them, against and from (a) any and all claims, actions, losses, liabilities, costs and expenses, including, without limitation, all foreseeable and all unforeseeable consequential damages, directly or indirectly arising out of the use, generation, storage or disposal of Hazardous Materials on or about the Project by or any of it agents, employees, servants, contractors, customers, guests or invitees, and (b) the cost of any required or necessary action, repair, clean-up or detoxification and the preparation of any closure or other required plans to the full extent that such action is attributable, directly or indirectly, to the use, generation, storage, release, threatened release or disposal of Hazardous Materials on or about the Project by or any of its agents, employees, servants, contractors, customers, guests or invitees. As used herein, Hazardous Materials means any flammable explosives, radioactive materials, asbestos, PCBs, hazardous waste, toxic substances or related materials, including, without limitation, substances defined as "Hazardous Substances", "Hazardous Materials" or "Toxic Substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq.; the Toxic Substances Control Act, 15 U.S.C. Section 2601, et seq.; any other federal, state or local law now or hereafter applicable to the Project; and in the rules and regulations now or hereafter adopted or promulgated under or pursuant to any of said laws. The provisions of this Section 4 shall survive the expiration or termination of the Guaranty. 5. Obligations Absolute. The obligations of Indemnitors hereunder are absolute and unconditional, and shall not be affected, diminished, impaired nor released by reason of the E unenforceability or invalidity of the Loan or the existence of any defense to or right of offset respecting payment or performance of the obligations under the Loan which or its heirs, administrators, representatives, successors or assigns may now possess or hereafter have, it being the express intent of the parties hereto that Indemnitors be obligated to provide reimbursement, payment and indemnity as herein provided notwithstanding any such unenforceability, invalidity, defense or right of offset, including but not limited to, (i) any defense that may arise by reason of Lender's election of any remedy to enforce the Loan against Borrower, including, without limitation an election by Lender to exercise its rights under the power of sale in any Deed of Trust securing the Loan, (ii) any rights and benefits that may arise in favor of Borrower under California Code of Civil Procedure Sections 580a, 580b, 580d, and 726, to the extent these statutory Sections may have any application, (iii) all rights and benefits under- Civil Code Section 2809 purporting to reduce a guarantor's obligation in proportion to the principal obligation; or (iv) any defense based on any statute or rule of law that provides that the obligation of a guarantor must be neither larger in amount or in any other respects more burdensome than that of a principal. 6. Notices to CRA. Indemnitors shall immediately give to CRA a complete copy of any notice given by Lender, or its successors or assigns, to Indemnitors, including, without limitation, any notices of nonperformance or default with respect to the Loan, and a complete copy of any notice given by Indemnitors, or any of them, to Lender, its successors or assigns. 7. Guaranty Fee. In consideration of and as a material inducement to CRA to enter into, execute and deliver the Guaranty, and in consideration thereof, Indemnitors agree to pay the Loan Guaranty Fee and annual servicing fee for the CRA's guarantee as specified in the Guaranty ("Guaranty Fee"). Payment of the Guaranty Fee shall be made without counterclaim, abatement, deduction or offset. The obligations and agreements of Indemnitors contained in this Section 7 shall survive the expiration or termination of the Guaranty. Miscellaneous. (a) Notices. All notices which any party is required or desires to give hereunder shall be in writing and shall be deemed given when delivered personally or three (3) days after mailing by registered or certified mail (return receipt requested) to the following address or at such other address as the parties may from time to time designate by written notice in the aforesaid manner: If to CRA: Community Redevelopment Agency City of Atascadero 6907 El Camino Real Atascadero, CA 93422 Attention: Jim Lewis, Assistant City Manager 25 If to Indemnitors: (b) Binding Effect. This Agreement shall be binding upon and inure to the benefit of each party to this Agreement and their respective heirs, administrators, representatives, successors and assigns; provided, that Indemnitors shall not assign any of their rights or obliga- tions under this Agreement. (c) No Waiver; Remedies Cumulative. No failure or delay by CRA in exercising any remedy, right, power or privilege under or with respect to this Agreement shall operate as a waiver of such remedy, right, power or privilege, nor shall any single or partial exercise of any such remedy, right, power or privilege preclude any other or further exercise of such remedy, right, power or privilege, or the exercise of any other remedy, right, power or privi- lege. No remedy, right, power or privilege of CRA under or with respect to this Agreement is intended to be exclusive of any other such remedy, right, power or privilege of CRA but each shall be cumulative and in addition to every other such remedy, right, power or privilege of CRA and each may be exercised concurrently or independently from time to time and as often as may be deemed expedient by CRA. (d) Amendment. The terms and provisions of this Agreement may not be amended, modified or waived, except by an instrument in writing signed by the parties. (e) Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. (f) Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. (g) Late Payment. Any amounts required to be paid to CRA hereunder which are not paid when due shall bear interest from the date due until actually paid at the rate of ten percent (10%) per annum. (h) Attorneys' Fees and Costs. In addition to the amounts to be reimbursed under this Agreement, Indemnitors jointly and severally agree to pay reasonable attorneys' fees and all other costs and expenses incurred by CRA in enforcing this Agreement in any action or proceeding arising out of, or relating to, this Agreement. (i) Construction and Interpretation of Agreement. The parties agree that this Agreement was jointly prepared through negotiations of the parties and the provisions of the 26 Agreement are not to be strictly or liberally construed for or against any of the parties. The titles to the sections and subsections of this Agreement are inserted for convenience only and are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of California. 0) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument. (k) Joint and Several Obligations. Each and all of the agreements, obligations and liabilities of Indemnitors hereunder are joint and several. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. IS (Print Name) (Print Title) COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF ATASCADERO ME (Print Name) (Print Title) 27 w Attachment 3 ASSIGNMENT OF DEPOSIT ACCOUNT Principal Loan Maturity Loan No. Call/Coll Account Officer Initials $ Date References in the boxes are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "***" has been omitted due to text length limitations Borrower: Lender: Grantor: Community Redevelopment Agency of the City of Atascadero City of Atascadero 6907 EI Camino Real Atascadero, CA 93422 THIS ASSIGNMENT OF DEPOSIT ACCOUNT dated as of , is made and executed among Community Redevelopment Agency of the City of Atascadero ("Grantor"): ("Borrower"): and ("Lender"). ASSIGNMENT. For valuable consideration, Grantor assigns and grants to Lender a security interest in the Collateral, including without limitation the deposit accounts described below to secure the Loan Assistance Agreement entered into concurrently between Grantor and Lender (the "LAA"), and agrees that Lender shall have the rights stated in this Agreement with respect to the Collateral, except to the extent the terms of this Agreement conflict with the LAA in which case the terms of the LAA shall control, in addition to all other rights which Lender may have by law. COLLATERAL DESCRIPTION. The word "Collateral" means the following described deposit account ("Account"): Certificate of Deposit Account Number with Lender with an original principal balance of together with (A) all interest, whether now accrued or hereafter accruing; (B) all additional deposits hereafter made to the Account; (C) any and all proceeds from the Account; and (D) all renewals, replacements and substitutions for any of the foregoing. Notwithstanding the foregoing, as provided in the LAA, Grantor shall be paid the interest accruing on the Account prior to an Event of Default on the part of Grantor hereunder or under the LAA. BORROWER'S WAIVERS AND RESPONSIBILITIES. Except as otherwise required under this Agreement or by applicable law, (A) Borrower agrees that Lender need not tell Borrower about any action or inaction Lender takes in connection with this Agreement; (B) Borrower assumes the responsibility for being and keeping informed about the Collateral; and (C) Borrower waives any defenses that may arise because of any action or inaction of Lender, including without limitation any failure of Lender to realize upon the Collateral or any delay by Lender in realizing upon the Collateral; and Borrower agrees to remain liable under the Note no matter what action Lender takes or fails to take under this Agreement. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (A) this Agreement is executed at Borrower's request and not at the request of Lender; (B) Grantor has 29 ASSIGNMENT OF DEPOSIT ACCOUNT (Continued) Loan No.: Page 2 the full right, power and authority to enter into this Agreement and to pledge the Collateral to Lender; (C) Grantor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (D) Lender has made no representation to Grantor about Borrower or Borrower's creditworthiness. GRANTOR'S WAIVERS. Except as otherwise provided in the LAA or as prohibited by applicable law and subject to the limitations on remedies, Grantor waives any right to require Lender to (A) make any presentment, protest, demand, or notice of any kind, including notice of change of any terms of repayment of the Indebtedness, default by Borrower or any other guarantor or surety, any action or non action taken by Borrower, Lender, or any other guarantor or surety of Borrower, or the creation of new or additional Indebtedness; (B) proceed against any person, including Borrower, before proceeding against Grantor; (C) proceed against any collateral for the Indebtedness, including Borrower's collateral, before proceeding against Grantor; (D) apply any payments or proceeds received against the Indebtedness in any order; (E) give notice of the terms, time, and place of any sale of any collateral pursuant to the Uniform Commercial Code or any other law governing such sale; (F) disclose any information about the Indebtedness, the Borrower, any collateral, or any other guarantor or surety, or about any action or non action of Lender; or (G) pursue any remedy or course of action in Lender's power whatsoever. Except as otherwise provided in the LAA, Grantor waives any and all rights or defenses arising by reason of (A) any disability or other defense of Borrower, any other guarantor or surety or any other person; (B) the cessation from any cause whatsoever, other than payment in full, of the Indebtedness; (C) the application of proceeds of the Indebtedness by Borrower for purposes other than the purposes understood and intended by Grantor and Lender; (D) any act of omission or commission by Lender which directly or indirectly results in or contributes to the discharge of Borrower or any other guarantor or surety, or the Indebtedness, or the loss or release of any collateral by operation of law or otherwise; (E) any statute of limitations in any action under this Agreement or on the Indebtedness; or (F) any modification or change in terms of the Indebtedness, whatsoever, including without limitation, the renewal, extension, acceleration, or other change in the time payment of the Indebtedness is due and any change in the interest rate. Except as otherwise provided in the LAA, Grantor waives all rights and defenses arising out of an election of remedies by Lender even though that election of remedies, such as a non -judicial foreclosure with respect to security for a guaranteed obligation, has destroyed Grantor's rights of subrogation and reimbursement against Borrower by operation of Section 580d of the California Code of Civil Procedure or otherwise. Except as otherwise provided in the LAA, Grantor waives all rights and defenses that Grantor may have because Borrower's obligation is secured by real property. This means among other things: (1) Lender may collect from Grantor without first foreclosing on any real property collateral pledged by Borrower; and (2) if Lender forecloses on any real property collateral pledged by the Borrower: (A) The amount of the Borrower's obligation may be reduced only by the price for which the collateral is sold at the foreclosure sale, even if the collateral is worth more than the sale price; (B) The Lender may collect from the Grantor even if the Lender, by foreclosing on the real property collateral, has destroyed any right the Grantor may have to collect from the borrower. This is an unconditional and irrevocable waiver of any rights and defenses the Grantor may have because the Borrower's obligation is secured by real property. IN ASSIGNMENT OF DEPOSIT ACCOUNT (Continued) Loan No.: Page 3 These rights and defenses include, but are not limited to, any rights and defenses based upon Sections 580a, 580b, 580d, or 726 of the Code of Civil Procedure. Grantor understands and agrees that the foregoing waivers are unconditional and irrevocable waivers of substantive rights and defenses to which Grantor might otherwise be entitled under state and federal law. The rights and defenses waived include, without limitation, those provided by California laws of suretyship and guaranty, anti -deficiency laws, and the Uniform Commercial Code. Grantor further understands and agrees that this Agreement is a separate and independent contract between Grantor and Lender, given for full and ample consideration, and is enforceable on its own terms. Grantor acknowledges that Grantor has provided these waivers of rights and defenses with the intention that they be fully relied upon by Lender. Until all Indebtedness is paid in full, Grantor waives any right to enforce any remedy Grantor may have against Borrower or any other guarantor, surety, or other person, and further, Grantor waives any right to participate in any collateral for the Indebtedness now or hereafter held by Lender. GRANTOR'S REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE COLLATERAL. With respect to the Collateral, Grantor represents and promises to Lender that: Ownership. Grantor is the lawful owner of the Collateral free and clear of all loans, liens, encumbrances, and claims except as disclosed to and accepted by Lender in writing. Right to Grant Security Interest. Grantor has the full right, power, and authority to enter into this Agreement and to assign the Collateral to Lender. No Prior Assignment. Grantor has not previously granted a security interest in the Collateral to any other creditor. No Further Transfer. Grantor shall not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Collateral except as provided in this Agreement. No Defaults. There are no defaults relating to the Collateral, and there are no offsets or counterclaims to the same. Grantor will strictly and promptly do everything required of Grantor under the terms, conditions, promises, and agreements contained in or relating to the Collateral. Proceeds. Any and all replacement or renewal certificates, instruments, or other benefits or proceeds related to the Collateral that are received by Grantor (other than interest paid to Grantor as provided herein) shall be held by Grantor in trust for Lender and immediately shall be delivered by Grantor to Lender to be held as part of the Collateral. Validity; Binding Effect. This Agreement is binding upon Grantor and Grantor's successors and assigns and is legally enforceable in accordance with its terms. Financing Statements. Grantor authorizes Lender to file a UCC financing statement, or alternatively, a copy of this Agreement to perfect Lender's security interest. At Lender's request, Grantor additionally agrees to sign all other documents that are necessary to perfect, protect, and continue Lender's security interest in the Property. This includes making sure Lender is shown as the first and only security interest holder on the title covering the Property. Grantor irrevocably appoints Lender to execute documents necessary to transfer title if there is a default. Lender may file a copy of this Agreement as a financing statement. If Grantor changes Grantor's name or address, or the name or address of any person granting a security interest under this Agreement changes, Grantor will promptly notify the Lender of such change. LENDER'S RIGHTS AND OBLIGATIONS WITH RESPECT TO THE COLLATERAL. While this Agreement is in effect, Lender may retain the rights to possession of the Collateral, together with any and all evidence of the Collateral, such as certificates or passbooks. This Agreement will remain in effect until (a) there no longer is any Indebtedness owing to Lender; 31 ASSIGNMENT OF DEPOSIT ACCOUNT (Continued) Loan No.: Page 4 (b) all other obligations secured by this Agreement have been fulfilled; and (c) Grantor, in writing, has requested from Lender a release of this Agreement. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Collateral or if Grantor fails to comply with any provision of this Agreement or the LAA, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Agreement or the LAA, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Collateral and paying all costs for insuring, maintaining and preserving the Collateral. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Borrower. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments, to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Agreement also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. LIMITATIONS ON OBLIGATIONS OF LENDER. Lender shall use ordinary reasonable care in the physical preservation and custody of any certificate or passbook for the Collateral but shall have no other obligation to protect the Collateral or its value. In particular, but without limitation, and except as otherwise required by law, Lender shall have no responsibility (A) for the collection or protection of any income on the Collateral; (B) for the preservation of rights against issuers of the Collateral or against third persons; (C) for ascertaining any maturities, conversions, exchanges, offers, tenders, or similar matters relating to the Collateral; nor (D) for informing the Grantor about any of the above, whether or not Lender has or is deemed to have knowledge of such matters. DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or the LAA or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor, including Grantor's failure to honor its guarantee under the LAA. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Agreement or the LAA is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Insolvency. The insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Defective Collateralization. This Agreement or the LAA ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against the Collateral. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and 32 ASSIGNMENT OF DEPOSIT ACCOUNT (Continued) Loan No.: Page 5 deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Cure Provisions. If any event of default occurs, it may be cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Except to the extent they conflict with the guarantee provisions of the LAA, upon the occurrence of an Event of Default and after any time for cure of such Event of Default has passed, or at any time thereafter, Lender may exercise any one or more of the following rights and remedies, in addition to any rights or remedies that may be available at law, in equity, or otherwise: Accelerate Indebtedness. Lender may declare all Indebtedness of Grantor to Lender immediately due and payable, without notice of any kind to Grantor. Application of Account Proceeds. Lender may take directly all funds in the Account and apply them to the Indebtedness. If the Account is subject to an early withdrawal penalty, that penalty shall be deducted from the Account before its application to the Indebtedness, whether the Account is with Lender or some other institution but in no event shall the liability of Grantor to Lender exceed $1,500,000. Any excess funds remaining after application of the Account proceeds to the Indebtedness will be paid to Grantor. Borrower agrees, to the extent permitted by law, to pay any deficiency after application of the proceeds of the Account to the Indebtedness. Lender also shall have all the rights of a secured party under the California Uniform Commercial Code, even if the Account is not otherwise subject to such Code concerning security interests, and the parties to this Agreement agree that the provisions of the Code giving rights to a secured party shall nonetheless be a part of this Agreement. Transfer Title. Lender may effect transfer of title upon sale of all or part of the Collateral. For this purpose, Grantor irrevocably appoints Lender as Grantor's attorney-in-fact to execute endorsements, assignments and instruments in the name of Grantor and each of them (if more than one) as shall be necessary or reasonable. Other Rights and Remedies. Lender shall have and may exercise any or all of the rights and remedies of a secured creditor under the provisions of the California Uniform Commercial Code, at law, in equity, or otherwise. Deficiency Judgment. If permitted by applicable law, Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Election of Remedies. Except as may be prohibited by applicable law, all of Lender's rights and remedies, whether evidenced by this Agreement or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Cumulative Remedies. All of Lender's rights and remedies, whether evidenced by this Agreement or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor's failure to perform, shall not affect Lender's right to declare a default and to exercise its remedies. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement: Amendments. This Agreement, together with the LAA, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by 33 ASSIGNMENT OF DEPOSIT ACCOUNT (Continued) Loan No.: Page 6 the alteration or amendment. Arbitration. Borrower and Grantor and Lender agree that all disputes, claims and controversies between them whether individual, joint, or class in nature, arising from this Agreement or otherwise, including without limitation contract and tort disputes, shall be arbitrated pursuant to the Rules of the American Arbitration Association in effect at the time the claim is flied, upon request of either party. No act to take or dispose of any Collateral shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration agreement. This includes, without limitation, obtaining injunctive relief or a temporary restraining order; invoking a power of sale under any deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to personal property, including taking or disposing of such property with or without judicial process pursuant to Article 9 of the Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, concerning any Collateral, including any claim to rescind, reform, or otherwise modify any agreement relating to the Collateral, shall also be arbitrated, provided however that no arbitrator shall have the right or the power to enjoin or restrain any act of any party. Borrower and Grantor and Lender agree that in the event of an action for judicial foreclosure pursuant to California Code of Civil Procedure Section 726, or any similar provision in any other state, the commencement of such an action will not constitute a waiver of the right to arbitrate and the court shall refer to arbitration as much of such action, including counterclaims, as lawfully may be referred to arbitration. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Agreement shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations, estoppel, waiver, laches, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The Federal Arbitration Act shall apply to the construction, interpretation, and enforcement of this arbitration provision. Attorneys' Fees; Expenses. Grantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Agreement. Lender may hire or pay someone else to help enforce this Agreement, and Grantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post -judgment collection services. Grantor also shall pay all court costs and such additional fees as may be directed by the court. Lender acknowledges that foregoing provisions are subject to the provisions of California Civil Code §1717. Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of this Agreement. Governing Law. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of California without regard to its conflicts of law provisions. This Agreement has been accepted by Lender in the State of California. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Santa Barbara County, State of California. Preference Payments. Any monies Lender pays because of an asserted preference claim in Borrower's or Grantor's bankruptcy will become a part of the Indebtedness and, at Lender's option, shall be payable by Borrower and Grantor as provided in this Agreement. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be 34 ASSIGNMENT OF DEPOSIT ACCOUNT (Continued) Loan No.: Page 7 granted or withheld in the sole discretion of Lender. Notices. Any notice required to be given under this Agreement shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Agreement. Any party may change its address for notices under this Agreement by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. Power of Attorney. Grantor hereby appoints Lender as its true and lawful attorney-in-fact, irrevocably, with full power of substitution to do the following: (1) to demand, collect, receive, receipt for, sue and recover all sums of money or other property which may now or hereafter become due, owing or payable from the Collateral; (2) to execute, sign and endorse any and all claims, instruments, receipts, checks, drafts or warrants issued in payment for the Collateral; (3)to file any claim or claims or to take any action or institute or take part in any proceedings, either in its own name or in the name of Grantor, or otherwise, which in the discretion of Lender may seem to be necessary or advisable. This power is given as security for the Indebtedness, and the authority hereby conferred is and shall be irrevocable and shall remain in full force and effect until renounced by Lender. Waiver of Co -Obligor's Rights. If more than one person is obligated for the Indebtedness, Grantor agrees not to exercise any claims against such other person which Grantor has or would otherwise have by virtue of payment of the Indebtedness or any part thereof, specifically including but not limited to all rights of indemnity, contribution or exoneration, until such time as Lender has received full payment of all Indebtedness. Severability. If a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Agreement. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement. Successors and Assigns. Subject to any limitations stated in this Agreement on transfer of Grantor's interest, this Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Collateral becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Agreement and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Agreement or liability under the Indebtedness. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Agreement shall survive the execution and delivery of this Agreement, shall be continuing in nature, and shall remain in full force and effect until such time as Borrower's Indebtedness shall be paid in full. Time is of the Essence. Time is of the essence in the performance of this Agreement. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Agreement. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terins not otherwise defined in this Agreement shall have the meanings attributed to such terms in the Uniform Commercial Code: Account. The word "Account" means the deposit account described in the "Collateral Description" section. Agreement. The word "Agreement" means this Assignment of Deposit Account, as this Assignment of 35 ASSIGNMENT OF DEPOSIT ACCOUNT (Continued) Loan No.: Page 8 Deposit Account may be amended or modified from time to time, together with all exhibits and schedules attached to this Assignment of Deposit Account from time to time. Borrower. The word "Borrower" means makers signing the Note and all their successors and assigns. and includes all co-signers and co - Collateral. The word "Collateral" means all of Grantor's right, title and interest in and to all the Collateral as described in the Collateral Description section of this Agreement. Default. The word "Default" means the Default set forth in this Agreement in the section titled "Default". Event of Default. The words "Event of Default" mean any of the events of default set forth in this Agreement in the default section of this Agreement. Grantor. The word "Grantor" means Community Redevelopment Agency of the City of Atascadero. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means the indebtedness evidenced by the Note or Related Documents, including all principal and interest together with all other indebtedness and costs and expenses for which Borrower is responsible under this Agreement or under any of the Related Documents. Lender. The word "Lender" means MISSION COMMUNITY BANK, its successors and assigns. Note. The word "Note" means the Note executed by in the principal amount of $ dated , together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the note or credit agreement. Property. The word "Property" means all of Grantor's right, title and interest in and to all the Property as described in the "Collateral Description" section of this Agreement. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. BORROWER AND GRANTOR HAVE READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS ASSIGNMENT OF DEPOSIT ACCOUNT AND AGREE TO ITS TERMS. THIS AGREEMENT IS DATED AS OF GRANTOR: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF ATASCADERO C Wade G. McKinney, Executive Director of Community Redevelopment Agency of the City of Atascadero I60RIZ0AIa*ii 36 ITEM NUMBER: RAC -2 DATE: 12/14/10 Community Redevelopment Agency of Atascadero Staff ! lepoi n — Executive Director Fiscal Year 2009-2010 Audit RECOMMENDATION: Agency Board review and accept the financial audit for the period ended June 30, 2010. DISCUSSION: The audit firm of Moss, Levy & Hartzheim performed a full audit of the Redevelopment Agency financial statements and found that the Agency presented fairly and accurately the Agency's financial position, and further that the reporting was in conformity with generally accepted accounting standards. Agency net assets decreased by $716,402 during the fiscal year and totaled $6.9 million at June 30, 2010. The fund financial statements show that the Agency had a $1.7 million net loss due to an aggressive capital campaign and the State takeaway of over $1.3 million in increment. Current increment revenue decreased by $98,000 or 3% over 2008-2009, while supplemental increment increased by $3,000. Background: The Redevelopment Agency has four funds: the Redevelopment Agency (General) Fund, the Low/Moderate Income Housing Redevelopment Fund, the 2005 Redevelopment Bond Project Fund, and the 2005 Redevelopment Bond Debt Service Fund. The following discussion will give an overview of the financial status of each fund. Redevelopment Agency (General) Fund As part of AB26 4x, the State legislators voted to shift $2.05 billion from redevelopment agencies to county Supplemental Revenue Augmentation Funds. As a result of this legislation, the Agency was forced to pay $1,335,322 to the County in May 2010 bringing net increment to $317,921 for the Redevelopment Agency Fund. Expenditures exceeded revenues by $601,284 for fiscal year 2009-2010. Total expenditures of $1.5 million included $145,000 spent on tourism, marketing, Main 37 ITEM NUMBER: RAC -2 DATE: 12/14/10 Street, and events; $38,000 expended on economic development initiatives; $100,000 spent on enhanced maintenance in the downtown; and $701,694 spent on the Zoo Entrance/Restroom Project. As part of its economic stimulus package, the Agency also pledged a $1.5 million certificate of deposit with Mission Community Bank as part of a Loan Guarantee Program for the Colony Square Project. Low/Moderate Income Housing Redevelopment Fund Revenues exceeded expenditures in the Low/Moderate Income Housing Fund, increasing that fund's balance by $845,000. The Agency's ending fund balance was about $4.8 million, which was reserved for Low/Moderate Income Housing. During fiscal year 2009-2010 the Fund loaned the Redevelopment Agency Fund $1.3 million in order to free up cash for the Redevelopment Agency Fund to meet its capital and economic initiatives. These monies will be repaid by the Redevelopment Agency Fund to the Low/Moderate Income Housing Fund in June, 2015. 2005 Redevelopment Bond Proiect Fund This fund accounts for the bond proceeds for the 2004 Bonds and as such is programmed for capital expenditures. In 2009-2.010 $1.7 million of these remaining bond funds went towards streetscape projects with $53,000 going towards other projects such as the Maiden Statue Restoration Project. At June 30, 2010, the 2005 Redevelopment Bond Project Fund had an ending fund balance of $422,339. This entire fund balance is programmed for future expenditures on the Maiden Statue Restoration Project, downtown lighting and the Streetscape III Project. 2005 Redevelopment Bond Debt Service Fund Debt service payments on the 2005 Redevelopment Bonds of $844,917 were paid. In accordance with bond covenants, Current Increment revenues of $703,777 were deposited in this fund. (Bond covenants require that as increment comes in that it must be deposited into the Bond Debt Service Fund first until enough has been deposited to cover the next year's debt service payment. Once the next year's debt service payment has been received, any remaining increment is then deposited into the Agency General Fund.) The fund balance is almost $1.4 million, all of which is reserved for debt service. FISCAL IMPACT: None. ATTACHMENT: 1. Fiscal Year 2009-2010 Audited Financial Statements Due to the length of the attachment, it is not included with the staff report; however, it may be viewed in its entirety in the office of the City Clerk or on the City's webpage, www.atascadero.org. CITY COUNCIL Tuesday, December 14, 2010 City Fall Council Chambers 6907 EI Camino Real, Atascadero, California Community Redevelopment Agency Meeting: 6:00 P.M. City Council Regular Session: Immediately following the conclusion of the Community Redevelopment Agency meeting REDEVELOPMENT AGENCY: REGULAR SESSION — CALL TO ORDER: Immediately following the conclusion of the Community Redevelopment Agency meeting PLEDGE OF ALLEGIANCE: ROLL CALL: Council Member Clay Mayor Fonzi Mayor Pro Tem O'Malley Council Member Beraud Council Member Clay Council Member Kelley 1 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 Meeting Draft Action Minutes — November 23, 2010 ■ Recommendation: Council approve the City Council Meeting Draft Action Minutes of November 23, 2010. [City Clerk] 2. Reciting the Fact of the General Municipal Election Held on November 2, 2010. ■ Fiscal Impact: None. ■ Recommendation: Council adopt the Draft Resolution, reciting the fact of the General Municipal Election held on November 2, 2010, declaring the result and such other matters as provided by law. [City Clerk] 3. City Council 2011 Meeting Schedule ■ Fiscal Impact: None. ■ Recommendation: Council approve City Council meeting schedule for 2011. [City Clerk] 4. October 2010 Accounts Payable and Payroll ■ Fiscal Impact: $2,325,932.96. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for October 2010. [Administrative Services] 5. Parks & Recreation Commission Youth Representative ADDointment ■ Fiscal Impact: None. ■ Recommendation: Sub -committee recommends: Council appoint Luke Thek to the Parks & Recreation Commission's Youth Representative position. [City Clerk] 2 6. Final Map 2010-0174 (Parcel Map AT 03-0258) 5190 Portola Road (TPM 2004-0057) Ed Nolan ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Adopt and approve Final Parcel Map 2010-0174 (Parcel Map AT 03-0258); and, 2. Authorize and direct the City Clerk to endorse the Council's approval on the Map. [Public Works] 7. WastewaterTreatment Plant Head-works/Bar-screen Project Design Award ■ Fiscal Impact: Approval of this agreement will result in the expenditure of $99,000.00 previously budgeted Wastewater funds for this capital improvement project. ■ Recommendation: City Council authorize the City Manager to execute an agreement with AECOM Inc. in the amount of $ 99,000.00, for engineering design to prepare working drawings, plans and specification for a pre-screening facility at the head -works of the Atascadero Wastewater Treatment Plant. [Public Works] OATHS OF OFFICE: Administration of Oaths of Office — Newly -elected Council Members Tom O'Malley and Brian Sturtevant, City Clerk Marcia McClure Torgerson, and City Treasurer Joseph Modica will be sworn in by Deputy City Clerk, Victoria Randall. PRESENTATION: 1. Presentation to Outgoing Council Member Ellen Beraud RECESS: The Mayor will call a recess for the City Council reception. RECONVENE: The Mayor will reconvene the City Council at the conclusion of the City Council reception. UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any current issues of concern to the City Council.) COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to three minutes. Please state your name for the 3 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 aho,ved for Community Forum, unless changed by the Council.) B. PUBLIC HEARINGS: 1. New 2010 California Building and Fire Codes a. Supplemental Report -Response to Questions from CitV Council Concerning Recommended Fire Code Modifications ■ Ex Parte Communications: Fiscal Impact: Staff expects minimal fiscal impact from the adoption of the new building codes as recommended by staff. If the City Council directs staff to make the sprinkler requirements less restrictive than recommended, the size and frequency of fires could increase along with the duration of time staff is committed on these fires, which will result in increased use of overtime. Recommendation: Council accept Staff's original recommendation on sprinkler requirements, as proposed in the staff report heard by the Council on November 23, 2010. [Fire] b. Adoption of New 2010 California Building Codes; Modifications to Atascadero Municipal Code: Title 8 Building Regulations and Adoption of the New 2010 California Fire Code; Modifications to the Atascadero Municipal Code: Title 4 Fire Regulations ■ Ex Parte Communications: ■ Fiscal Impact: Staff expects minimal fiscal impact from the adoption of the new building codes. ■ Recommendations: Council introduce for first reading by title only, Draft Ordinance A adopting the mandated California Building Codes, the International Property Maintenance Code, the California Fire Code, and the International Wildland Interface Code with proposed local amendments contained in Title 8 and Title 4 of the Atascadero Municipal Code. [Community Development] C. MANAGEMENT REPORTS: 1. 2011 Community Development Block Grants — Draft Recommendations ■ Fiscal Impact: Available funds are estimated at $202,000 for the 2011 cycle. ■ Recommendations: Council develop and adopt draft funding recommendations for the 2011 Community Development Block Grant (CDBG) funds. [Public Works] 2. Fiscal Year 2009-2010 Audit ■ Fiscal Impact: None. ■ Recommendation: Council review and accept the financial audit for the period ended June 30, 2010. [Administrative Services] G] 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 Fonzi 1. Air Pollution Control District 2. County Mayors Round Table 3. Economic Vitality Corporation, Board of Directors (EVC) 4. SLO Local Agency Formation Commission (LAFCo) - alternate Mayor Pro Tem O'Malley 1. League of California Cities — Council Liaison and CITIPAC Board Member 2. SLO Council of Governments, President (SLOCOG) 3. SLO Regional Transit Authority, President (SLORTA) Council Member Beraud 1. City / Schools Committee 2. Integrated Waste Management Authority (IWMA) Council Member Clay 1. City / Schools Committee Council Member Kelley 1. Atascadero State Hospital Advisory Committee 2. Atascadero Youth Task Force 3. Homeless Services Oversight Council E. INDIVIDUAL DETERMINATION AND / OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURNMENT: Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. 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 videotaped 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 -ar other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805) h70-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in ssuring that reasonable arrangements can be made to provide accessibility to the meeting or service. 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 approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 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 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). 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 (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 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 must be brought to the meeting on a USB drive or CD. 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. L I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the December 14, 2010 Regular Session of the Atascadero City Council was posted on December 8, 2010 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 81h day of December, 2010, at Atascadero, California. t Victoria Randall, Deputy City Clerk City of Atascadero rA ITEM NUMBER: A - 1 DATE: 12/14/10 CITY OF A TASCA®ERO CITY COUNCIL Tuesday, November 23, 2010 6:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California REGULAR SESSION — CALL TO ORDER: 6:00 P.M. Mayor Fonzi called the meeting to order at 6:00 p.m. and Council Member Beraud led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, Kelley, Beraud and Mayor Fonzi Absent: Mayor Pro Tem O'Malley Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Russ Thompson, Community Services Director Brady Cherry, Police Chief Jim Mulhall, Fire Chief Kurt Stone, and City Attorney Brian Pierik. Council Member Beraud stated that since she is finishing her term on the City Council, she is terminating her campaign committee and has funds left over. She announced that she will be giving the balance in her account, $1,000.00, to the Friends of the Library in their effort to expand our Library and move it Downtown. CC Draft Action Minutes of 11/23/10 Page 1 of 6 lr ITEM NUMBER: A - 1 DATE: 12/14/10 APPROVAL OF AGENDA: Roll Call MOTION: By Council Member Beraud and seconded by Council Member Kelley to approve the agenda. Motion passed 4:0 by a roll -call vote. A. CONSENT CALENDAR: 1. City Council Meeting Draft Action Minutes — November 9, 2010 ■ Recommendation: Council approve the City Council Meeting Draft Action Minutes of November 9, 2010. [City Clerk] 2. Amendment of Pre -Qualification Procedure for ACH-08 Bid on Historic City Hall Project ■ Fiscal Impact: This proposed change is expected to widen the pool of potential contractors for bid ACH-08, and could allow for a more competitive price. ■ Recommendation: Council adopt the attached Draft Resolution, authorizing the amendment of the procedure for pre -qualification of contractors for the ACH-08 bid on the Historic City Hall Project. [Administrative Services] 3. Drug and Alcohol Policy - Transit Services ■ Fiscal Impact: The City of Atascadero receives approximately $210,000 per year in FTA operating assistance for transit services. Expenditures for Drug and Alcohol testing average $300-$400 per year. ■ Recommendation: Council adopt the attached Drug and Alcohol Policy for safety -sensitive Transit employees. [Public Works] Mayor Fonzi pulled Item #A-2. MOTION: By Council Member Clay and seconded by Council Member Beraud to approve Items #A-1 & #A-3 of the Consent Calendar. Motion passed 4:0 by a roll -call vote. diem #A-2: ,,savor Fonzi asked Staff for an explanation regarding the importance of the historical and FEMA experience required in the City Hall restoration bids. City Manager McKinney explained that the historic City Hall has some serious, historically significant areas within the building that will require specialized work and onsiderations. The concern is that a company not experienced in historical significant bw..d ngs will submit a low bid because they do not understand the work involved. Also, =EaA funding may be jeopardized if all their regulations are not followed explicitly. ';t. 77eft Action Minutes of 11/23/10 Pag'�o 2 of 6 10 ITEM NUMBER: A - 1 DATE: 12/14/10 Staff has lightened the regulations so that they applied to a broader audience, and still protect the building. We need to comply with the Secretary of the Interior's Standards. Mayor Fonzi asked Larry Fugal of Bernards whether or not it was Bernards' responsibility to oversee all the contractors working on this restoration. Mr. Fugal re -stated the importance of the Secretary of the Interior's Standards and the application for this project. He said that if we get sideways with the regulations under the Secretary of the Interior's Standards, we risk funding. Secondly, if the contractor does not have the expertise to monitor those in the field on a day to day basis, you run the risk of having to re -do the work which will involve change orders and an increased budget. f�T3 I+Z+7*7-NIAZ116 The following citizen spoke on this item: Mike Brennler Mayor Fonzi closed the Public Comment period. MOTION: By Council Member Beraud and seconded by Council Member Clay to approve Items #A-2 of the Consent Calendar. Motion passed 4;0 by a roll -call vote. (Resolution No. 2090- 073) UPDATES FROM THE CITY MANAGER: City Manager Wade McKinney gave an update on projects and issues within the City. COMMUNITY FORUM: The following citizens spoke during Community Forum: Tom Gaddis, Ray Weymann, Lee Perkins, Tom Comar, Jules Carcanague (Exhibit A), Mike Anderson, Fred Frank, Dan O'Grady, Bill Schaffer, Ron Rothman, Michael Lautner, Jim Patterson, Mike Brennier, Doug Marks read a prepared statement from Len Colamarino, Joan O'Keefe, and Marty Brown. Mayor Fonzi closed the COMMUNITY FORUM period. Council Member Kelley stated it has been a pleasure working with Council Member Beraud. Council Member Clay asked everyone to give Council Member Beraud a standing ovation. Council Member Beraud thanked everyone for the kind words. CC Draft Action Minutes of 11/23/10 Page 3 of 6 11 ITEM NUMBER: A - 1 DATE: 12/14/10 r,layor Fonzi stated that it has been a pleasure working with Council Member Beraud and that even though they don't always agree, Council Member Beraud is always willing and open to talk about issues. Mayor Fonzi said she appreciates her hard work on the Council. Mayor Fonzi recessed the meeting at 7.00 p.m. Mayor Fonzi reconvened the meeting at 7.10 p.m. B. PUBLIC HEARINGS: 1. 2010 Bicvcle Transportation Plan - Final Review and Adoption • Ex Parte Communications: • Fiscal Impact: There is no fiscal impact to the City by the adoption of the proposed 2010 City of Atascadero Bicycle Transportation Plan. ■ Recommendations: Parks and Recreation Commission recommends the City Council 1. Adopt Draft Resolution A, certifying Proposed Mitigated Negative Declaration 2010-0006; and, 2. Adopt Draft Resolution B, adopting the proposed 2010 City of Atascadero Bicycle Transportation Plan. [Community Services] Community Services Director Brady Cherry gave the staff report and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: Dan Rivoire, Doug Marks read a prepared statement from Len Colamarino, Jim Patterson, Fred Frank, Richard Moen, and Mike Zappas. Mayou Fonzi closed the Public Comment period. MOTION: By Council Member Beraud and seconded by Council Member Clay to: 1. Adopt Draft Resolution A, certifying Proposed Mitigated Negative Declaration 2010-0006; and, 2. Adopt Draft Resolution B, adopting the proposed 2010 City of Atascadero Bicycle Transportation Plan, with 2 amendments to the Plan: replacing the word "shall" with "should" in Policy #10 & #18. Motion passed 4:0 by a roll -call vote. (#1: Resolution No. 2010- 074, #2: Resolution No. 2010-075) C0 Draft Action Minutes of 11/23/10 Page 4 of 6 12 ITEM NUMBER: A-1 DATE: 12/14/10 2. Adoption of New 2010 California Building Codes; Modifications to Atascadero Municipal Code: Title 8 Building Regulations and Adoption of the New 2010 California Fire Code; Modifications to the Atascadero Municipal Code: Title 4 Fire Regulations • Ex Parte Communications: • Fiscal Impact: Staff expects minimal fiscal impact from the adoption of the new building codes. ■ Recommendations: Council introduce for first reading by title only, Draft Ordinance A adopting the mandated California Building Codes, the International Property Maintenance Code, the California Fire Code, and the International Wildland Interface Code with proposed local amendments contained in Title 8 and Title 4 of the Atascadero Municipal Code. [Community Development] Deputy Community Development Director Ken Forman gave the staff report and answered questions from the Council. Fire Chief Stone and Fire Marshall Peterson also answered questions from the Council. PUBLIC COMMENT: None MOTION: By Council Member Kelley and seconded by Council Member Ciay to direct staff to bring back to the Council analysis with options concerning square footage as it pertains to fire sprinklers in ag buildings and additions, and return the Ordinance for introduction on first reading by title only, adopting the mandated California Building Codes, the International Property Maintenance Code, the California Fire Code, and the International Wildland Interface Code with proposed local amendments contained in Title 8 and Title 4 of the Atascadero Municipal Code. Motion passed 4:0 by a roll -call vote. C. MANAGEMENT REPORTS: None. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Clay reminded everyone that the outside temperatures for the next few days will be in the 20's and teens. He urged everyone who are leaving town for the holiday to protect your plumbing by leaving the heat on low to avoid freezing pipes. Council Member Beraud reviewed the Council's major accomplishments while she served on the City Council. CC Draft Action Minutes of 11/23/10 Page 5 of 6 13 ITEM NUMBER: A - 1 DATE: 12/14/10 D. COMMITTEE REPORTS: None E. INDIVIDUAL DETERMINATION AND / OR ACTION: None F. ADJOURNMENT: Mayor Fonzi adjourned the meeting at 8:40 p.m. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C. City Clerk / Assistant to the City Manager The following exhibit is available for review in the City Clerk's office: Exhibit A — Petitions requesting a blinking crosswalk at the intersection of EI Camino Real and EI Bordo CC, Draft Action Minutes of 11/23/10 Page 6 of 6 14 ITEM NUMBER: A-2 DATE: 12/14/10 Atascadero City Council Marcia McClure Torgerson, C.M.C., City Clerk Reciting the Pact of the General Municipal Election Held on November 2, 2010 Council adopt the Draft Resolution, reciting the fact of the General Municipal Election held on November 2, 2010, declaring the result and such other matters as provided by law. DISCUSSION: The General Municipal Election was held on November 2, 2010. California Elections Code §10262 states that the City Council shall meet to declare the results of the election upon certification of results by the County Election Department. The California Elections Code §10262 & 10264 also states that the Council shall adopt a resolution reciting the fact of the election, including a statement of the results. Total voter registration for the City of Atascadero was 16,453, which is 362 less than the total voter registration for the year 2008. Atascadero voters were asked to vote for two Council Members, a City Clerk, A City Treasurer, and Ballot Measures E-10, F-10, and G-10. The final official results are attached to this report. FISCAL IMPACT: None. ATTACHMENTS: Final Official Results Draft Resolution, with County Clerk Certificate of Results 15 16 City ofAtascadero Office of the City Clerk FINAL OFFICIAL ELECTION RESULTS (as of November 23, 2010) NAME VOTES % of VOTES ATASCADERO CITY COUNCIL Citv Council - Four Year Term - 2 seats Tom O'Malley 6313 37.37% Brian Sturtevant 3886 23.00% Chuck Ward 2626 15.54% Sandy Jack 2361 13.98% Bret Heinemann 1593 9.43% Write-in Votes 114 0.67% ATASCADERO CITY CLERK Marcia M. Torgerson 7911 98.55% Write-in Votes 116 1.45% ATASCADERO CITY TREASURER Joseph Modica Jr. 5717 64.50% David P. Bentz 3095 34.92% Write-in Votes 52 0.59% BALLOT MEASURE #E - Elect Mayor and 4 Council Members: Yes 8562 83.54% No 1687 16.46% BALLOT MEASURE #F - 2 -Year Term for Mayor: Yes 5706 55.66% No 4545 44.34% BALLOT MEASURE #G - 4 -Year Term for Mayor: No 5664 55.75% Yes 4496 44.25% 17 ON DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 2010, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Atascadero, California, on Tuesday, November 2, 2010, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, pursuant to Resolution No. 2010-054 adopted June 8, 2010, the County Election Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as "Exhibit A." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of ballots cast in the precincts except vote by mail voter ballots and provisional ballots was 4634. That the whole number of vote by mail voter ballots cast in the City was 6898, making a total of 11.532 ballots cast in the City. SECTION 2. That the names of persons voted for at the election for Member of the City Council are as follows: Chuck Ward, Tom O'Malley, Sandy Jack, Brian Sturtevant, and Bret Heinemann. That the names of the persons voted for at the election for City Clerk are as follows: Marcia McClure Torgerson That the names of persons voted for at the election for City Treasurer are as follows: David P. Bentz and Joseph Modica Jr. W the measures voted upon at the election are as follows: Shall the electors elect a Mayor and four Council Members? YES NO Shall the term of office of mayor be two years? YES NO Shall the term of office of mayor be four years? YES NO SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates and for and against the measures were as listed in Exhibit "A" attached. SECTION 4. The City Council does declare and determine that: Tom O'Malley was elected as Member of the City Council for the full term of four years; Brian Sturtevant was elected as Member of the City Council for the full term of four years; Marcia McClure Tor eg_ rson was elected as City Clerk for the full term of four years, and Joseph Modica, Jr. was elected as City Treasurer for the full term of four years. That as a result of the election, a majority of the voters voting on Measure E-10 did vote in favor of it, and that the measure was carried, and shall be deemed adopted and ratified. That as a result of the election, a majority of the voters voting on Measure F-10 did vote in favor of it, and that the measure was carried, and shall be deemed adopted and ratified. That as a result of the election, a majority of the voters voting on Measure G-10 did not vote in favor of it, and that the measure was not carried, and shall not be deemed adopted and m ified. SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) :For what office each person was voted for; (4) The :number of votes given at each precinct to each person; (5) The total number of votes given to each person. SECTION 6. That the City Clerk shall immediately make and deliver to each of the ,persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the (- institution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. On Motion by Council Member and seconded by Council rViember , the foregoing Resolution was adopted on the following roll -call vote: 20 AYES: NOES: ABSENT: ADOPTED: ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney CITY OF ATASCADERO: Roberta Fonzi, Mayor 21 Exhibit A CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST NOVEMBER 2, 2010 CONSOLIDATED GENERAL ELECTION CITY OF ATASCADERO I, JULIE L. RODEWALD, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of Atascadero on November 2, 2010, and that a photocopy of the Statement of Votes Cast to which this certificate is attached, shows the number of votes cast in said city for each candidate for the office of Member of the City Council, City Treasurer and City Clerk and that the totals shown for each candidate for the office of Member of the City Council, City Treasurer and City Clerk in said city and in each of the respective precincts therein, are full, true and correct. SS, my hand and Official Seal this 23rd day of November, 2010. ODEWALD County Clerk -Recorder 7. 23 24 CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST CITY OF ATASCADERO MEASURE E-10 CONSOLIDATED GENERAL ELECTION NOVEMBER 2, 2010 I, JULIE L. RODEWALD, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of Atascadero on November 2, 2010, and that the Statement of Votes Cast, to which this certificate is attached, shows the number of votes cast in said city for and against said measure, and that the totals shown for ;and against said measure in said city, and in each of the respective precincts therein, are full, true and correct. MEASURE E-10: Shall the electors elect a Mayor and four Council Members? my hand and Official Seal, this 23rd day of November, 2010 IU nE . RODEWALD, County Clerk -Recorder CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST CITY OF ATASCADERO MEASURE F-10 CONSOLIDATED GENERAL ELECTION NOVEMBER 2, 2010 1, JULIE L. RODEWALD, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of Atascadero on November 2, 2010, and that the Statement of Votes Cast, to which this certificate is attached, shows the number of votes cast in said city for and against said measure, and that the totals shown for and against said measure in said city, and in each of the respective precincts therein, are full, true and correct. MEASURE F-10: Shall the term of office of mayor be two years? ny hand and Official Seal, this 23rd day of November, 2010 SIE . RODEWALD, County Clerk -Recorder 25 CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST CITY OF ATASCADERO MEASURE G-10 CONSOLIDATED GENERAL ELECTION NOVEMBER 2, 2010 I, JULIE L. RODEWALD, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of Atascadero on November 2, 2010, and that the Statement of Votes Cast, to which this certificate is attached, shows the number of votes cast in said city for and against said measure, and that the totals shown for and against said measure in said city, and in each of the respective precincts therein, are full, true and correct. MEASURE G-10: Shall the term of office of mayor be four years? S, my hand and Official Seal, this 23rd day of November, 2010 26 r �'JUI- . RODEWALD, County Clerk -Recorder 7 O v, �, Oh C-. 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DISCUSSION: The City Council, pursuant to Chapter 2, Section 1.01 of the Atascadero Municipal Code, meets the second and fourth Tuesday of each month. On occasion, the Council will hold special study sessions and/or joint meetings with one or both of the Commissions on a fifth Tuesday. Generally, in the summer months, the Council meets once a month and avoids conflicts with major holidays. Staff has prepared the attached schedule for the year 2011 to help in the coordination of these meetings with personal schedules. None ATTACHMENT: City Council 2011 Meeting Schedule 51 52 ITEM NUMBER: A-3 DATE: 12/14/10 O�M�-Mkl Atascadero City Council 2011 Meeting Schedule MEETING DATE TYPE OF MEETING January 11 Regular January 25 Regular February 8 Regular February 22 Regular March 8 Regular March 22 Re ular April 12 Regular April 26 Re ular May 10 Regular May 24 Regular June 7 Regular June 21 Re ular July 12 Regular August 9 Regular September 13 Regular September 27 Regular October 11 Regular October 25 Regular November 8 Regular November 22 Regula December 13 Regular Meetings are held at 6:00 p.m. or at the conclusion of the Redevelopment Agency meeting, whichever comes last. 6907 El Camino Real, Atascadero, CA 93422 470-3400 City CouncillCouncil Meeting Schedule12011 53 54 ITEM NUMBER: A-4 DATE: 12/14/10 Atascadero City Council Staff Report - Administrative Services Department October 2010 Accounts Payable and Payroll RECOMMENDATION: Council approve certified City accounts payable, payroll and payroll vendor checks for October 2010. DISCUSSION: Attached for City Council review and approval are the following: Payroll Dated 10/14/10 Dated 10/28/10 Accounts Payable Dated 10/01/10-10/31/10 FISCAL IMPACT: Checks # 28291 - 28320 Direct Deposits Checks # 28321 - 28350 Direct Deposits Checks # 126307 - 126666 & EFTs 875 - 882 TOTAL AMOUNT Total expenditures for all funds is $ 18,144.41 236,378.42 20,652.96 238,991.14 1,811,766.03 $ 2,325,932.96 $ 2,325,932.96 CERTIFICATION: The undersigned certifies that the attached demands have been released for payment and that funds are available for these demands. x Rachelle Rickard, Director of Administrative Services ATTACHMENT: October 2010 Eden Warrant Register in the amount of $ 1,811,766.03 55 City of Atascadero Disbursement Listinc For the Month of October 2010 Check Check Number Date Vendor Description Amount 126307 10/01/2010 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 630.00 126308 10/01/2010 HARTFORD LIFE INSURANCE Payroll Vendor Payment 7,730.00 126309 10/01/2010 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 677.69 126310 10/01/2010 SEIU LOCAL 620 Payroll Vendor Payment 832.86 126311 10/01/2010 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 311.61 126312 10/01/2010 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 1,768.89 875 10/05/2010 RABOBANK, N.A. Payroll Vendor Payment 47,590.50 876 10/05/2010 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEIN Payroll Vendor Payment 84,418.11 877 10/05/2010 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 14,570.17 878 10/05/2010 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 1,413.18 126313 10/07/2010 A.C.T.S. Accounts Payable Check 45.00 "26314 10/07/2010 AIRGAS WEST Accounts Payable Check 112.32 126315 10/07/2010 AIR -RITE REFRIGERATION Accounts Payable Check 232.43 126316 10/07/2010 ALL ABOUT PRODUCE, INC. Accounts Payable Check 496.40 126317 10/07/2010 ALLIANT INSURANCE SERVICES INC Accounts Payable Check 352.30 126318 10/07/2010 AMERICAN WEST TIRE & AUTO INC Accounts Payable Check 401.00 126319 10/07/2010 ANTECH DIAGNOSTICS -WEST Accounts Payable Check 292.5 126320 10/07/2010 ARAMARK UNIFORM SERVICES Accounts Payable Check 417.41 1"6321 10/07/2010 KELLY AREBALO Accounts Payable Check 288.00 126322 10/07/2010 ASSC. OF ZOOS & AQUARIUMS Accounts Payable Check 47.50 126323 10/07/2010 AT&T Accounts Payable Check 1,070.59 126324 10/07/2010 AT&T Accounts Payable Check 30.74 126325 10/07/2010 ATAS COMM REDEV AGENCY Accounts Payable Check 31,133.00 126326 10/07/2010 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 20.00 126327 10/07/2010 ATASCADERO COMMUNITY LINK Accounts Payable Check 890.50 126328 10/07/2010 ATASCADERO TRAFFIC WAY STORAGE Accounts Payable Check 576.00 126329 10/07/2010 BASSETT'S CRICKET RANCH,INC. Accounts Payable Check 91.33 126330 10/07/2010 BERNARDS Accounts Payable Check 93,160.64 126331 10/07/2010 JUSTIN BLACK Accounts Payable Check 102.00 126332 10/07/2010 BLUEPRINTER Accounts Payable Check 63.61 `26333 10/07/2010 NICHOLAS P. BOONISAR Accounts Payable Check 6.00 126334 10/07/2010 BRADS OVERHEAD DOORS, INC. Accounts Payable Check 215.00 126335 10/07/2010 BRUMIT DIESEL, INC. Accounts Payable Check 17.57 126336 10/07/2010 BURKE,WILLIAMS, & SORENSON LLP Accounts Payable Check 9,815.12 126337 10/07/2010 BURTON'S FIRE, INC. Accounts Payable Check 968.2: City of Atascadero Disbursement Listing For the Month of October 2010 Check Check "amber Date Vendor Description Amount 126338 10/07/2010 CA CODE CHECK, INC. Accounts Payable Check 10,815.00 126339 10/07/2010 CA CONSERVATION CORP Accounts Payable Check 3,720.00 126340 10/07/2010 CAL -COAST REFRIGERATION, INC Accounts Payable Check 378.04 126341 10/07/2010 CED CONSOLIDATED ELECTRICAL Accounts Payable Check 549.91 126342 10/07/2010 CENTRAL COAST HEALTHCARE,APMC Accounts Payable Check 130.00 126343 10/07/2010 CENTRAL COAST SEAFOOD Accounts Payable Check 824.40 126344 10/07/2010 BRADY CHERRY Accounts Payable Check 300.00 126345 10/07/2010 CHEVRON & TEXACO BUS. CARD SVC Accounts Payable Check 2,115.26 126346 10/07/2010 VOID Accounts Payable Check 0.00 126347 10/07/2010 CINCINNATI ZOO & BOTANICAL GDN Accounts Payable Check 499.30 126348 10/07/2010 CLEARS, INC. Accounts Payable Check 60.00 126349 10/07/2010 TIMOTHY CLEAVER Accounts Payable Check 102.00 126350 10/07/2010 COAST ELECTRONICS Accounts Payable Check 2,003.97 126351 10/07/2010 COASTAL REPROGRAPHIC SERVICES Accounts Payable Check 147.78 126352 10/07/2010 COLONY DAYS COMMITTEE Accounts Payable Check 40.00 126353 10/07/2010 COMMUNITY ACTION PARTNERSHIPS Accounts Payable Check 54.50 126354 10/07/2010 CORNERS LIMITED Accounts Payable Check 1,227.02 126355 10/07/2010 CREDIT BUREAU Accounts Payable Check 20.85 126356 10/07/2010 CRYSTAL SPRINGS WATER Accounts Payable Check 126.33 126357 10/07/2010 CULLIGAN INDUSTRIAL WATER SYST Accounts Payable Check 70.00 126358 10/07/2010 CULVER MELIN ENTERPRISES, INC. Accounts Payable Check 200.00 126359 10/07/2010 CWEA TCP Accounts Payable Check 264.00 126360 10/07/2010 DAVE BANG ASSC., INC. Accounts Payable Check 507.27 126361 10/07/2010 DANIEL A. DAVIS Accounts Payable Check 567.00 126362 10/07/2010 SANDRA N. DEAL PH.D. Accounts Payable Check 325.00 126363 10/07/2010 DECOU LUMBER COMPANY Accounts Payable Check 357.76 126364 10/07/2010 LISA DILLON Accounts Payable Check 20.00 126365 10/07/2010 DOVE CREEK COMMUNITY ASSC. Accounts Payable Check 2,197.44 126366 10/07/2010 ECONOMIC VITALITY CORP OF SLO Accounts Payable Check 5,000.00 126367 10/07/2010 ED'S FLY MEAT, INC. Accounts Payable Check 40.25 126368 10/07/2010 EIKHOF DESIGN GROUP, INC. Accounts Payable Check 9,210.00 126369 10/07/2010 ESCUELA DEL RIO Accounts Payable Check 216.00 126370 10/07/2010 EWING IRRIGATION GOLF INDUSTRL Accounts Payable Check 424.85 126371 10/07/2010 FEDERAL EXPRESS Accounts Payable Check 101.15 126372 10/07/2010 FERRELL'S AUTO REPAIR Accounts Payable Check 226.36 126373 10/07/2010 FGL ENVIRONMENTAL Accounts Payable Check 504.00 126374 10/07/2010 FIRST TRANSIT, INC. Accounts Payable Check 21,089.72 57 City of Atascadero Disbursement Listing 5E' For the Month of October 2010 Check Check Number Date Vendor Description Amount 126375 10/07/2010 FIRSTLINE GLOVES, INC. Accounts Payable Check 308.7 126376 10/07/2010 FLUID RESOURCE MANAGEMENT,INC. Accounts Payable Check 850.00 126377 10/07/2010 ROBERTA FONZI Accounts Payable Check 37.00 126378 10/07/2010 WARREN FRACE Accounts Payable Check 300.00 126379 ;0/07/2010 FRAZEE INDUSTRIES, INC. Accounts Payable Check 280.63 126380 10/07/2010 GAS COMPANY Accounts Payable Check 593.11 126381 ';0/07/2010 ANDREW J. GEFTAKYS Accounts Payable Check 36.00 126382 .0/07/2010 GEM AUTO PARTS Accounts Payable Check 340.42 126383 10/07/2010 STEPHEN GESELL Accounts Payable Check 179.00 '126384 10/07/2010 GOLDING CONCRETE SAWING Accounts Payable Check 616.00 126385 10/07/2010 GRISANTI HARDWARE Accounts Payable Check 33.69 12.6386 !0/07/2010 GROWING GROUNDS FARM Accounts Payable Check 226.78 126387 10/07/2010 HANSEN BRO'S CUSTOM FARMING Accounts Payable Check 4,545.00 ;26388 10/07/2010 HANSON AGGREGATES, INC. Accounts Payable Check 339.91 126389 10/07/2010 BARRY HARDY Accounts Payable Check 142.30 126390 10/07/2010 HART IMPRESSIONS PRINT & COPY Accounts Payable Check 189.51 126391 10/07/2010 NATHAN HASCH Accounts Payable Check 165.00 126392 10/07/2010 DIANE M. HELBERT Accounts Payable Check 160,000.0- 126393 10/07/2010 HSBC BUSINESS SOLUTIONS Accounts Payable Check 262.8 126394 10/07/2010 ICE TEES CUSTOM SCREENPRINTING Accounts Payable Check 292.28 126395 10/07/2010 INGLIS PET HOTEL Accounts Payable Check 208.04 126396 10/07/2010 INTOXIMETERS Accounts Payable Check 93.25 ":6397 10/07/2010 JB DEWAR INC Accounts Payable Check 33.00 126398 10/07/2010 JESPERSEN'S TIRE SERVICE, INC. Accounts Payable Check 92.08 526399 10/07/2010 JIFFY LUBE/SOUND BILLING Accounts Payable Check 108.05 126400 10/07/2010 K.D. JANNI LANDSCAPING, INC. Accounts Payable Check 367.78 126401 10/07/2010 KCI ENVIRONMENTAL, INC. Accounts Payable Check 700.00 26402 10/07/2010 BOB KELLEY Accounts Payable Check 354.00 26403 10/07/2010 L.N. CURTIS & SONS Accounts Payable Check 264.77 )26404 10/07/2010 MELISSA LAMAR Accounts Payable Check 14.06 126405 10/07/2010 LANDSCAPES BY STACH Accounts Payable Check 280.00 126406 10/07/2010 LEE WILSON ELECTRIC CO. INC Accounts Payable Check 2,100.00 126407 10/07/2010 LEHI VALLEY TRADING COMPANY Accounts Payable Check 61.45 '126408 10/07/2010 JAMES R. LEWIS Accounts Payable Check 1,744.67 126409 !0/07/2010 LIFE ASSIST, INC. Accounts Payable Check 632.98 12.6410 !0/07/2010 MAINLINE UTILITY CO. Accounts Payable Check 1,237.50 126411 10/07/2010 MALLORY CO Accounts Payable Check 9,686.0 5E' City of Atascadero Disbursement Listing 59 For the Month of October 2010 Check Check mber Date Vendor Description Amount .26412 10/07/2010 MARTINELLI LANDSCAPE CONST INC Accounts Payable Check 1,551.83 126413 10/07/2010 BECKY MAXWELL Accounts Payable Check 81.05 126414 10/07/2010 ROBERT E. MAXWELL Accounts Payable Check 950.00 126415 10/07/2010 ERIN MCGRATH Accounts Payable Check 148.45 126416 10/07/2010 WADE MCKINNEY Accounts Payable Check 500.00 126417 10/07/2010 MEDWORKS MEDICAL CENTER, INC. Accounts Payable Check 400.00 126418 10/07/2010 MICHAEL MERCHANT Accounts Payable Check 289.53 126419 10/07/2010 MICHAEL BRANDMAN ASSOCIATES Accounts Payable Check 44,666.55 126420 10/07/2010 MID -COAST GEOTECHNICAL, INC. Accounts Payable Check 1,850.00 126421 10/07/2010 MID -COAST MOWER & SAW Accounts Payable Check 1,196.62 126422 10/07/2010 MINER'S ACE HARDWARE Accounts Payable Check 622.13 126423 10/07/2010 MISSION UNIFORM SERVICE Accounts Payable Check 101.70 126424 10/07/2010 JOHNNY F. MITCHELL Accounts Payable Check 152.00 126425 10/07/2010 REON C MONSON Accounts Payable Check 45.00 126426 10/07/2010 MICHAL S. MOSES Accounts Payable Check 1,015.24 126427 10/07/2010 MULLAHEY FORD Accounts Payable Check 625.88 126428 10/07/2010 NAVAJO ROCK & BLOCK Accounts Payable Check 455.83 26429 10/07/2010 NORTH COAST ENGINEERING INC. Accounts Payable Check 2,674.75 .26430 10/07/2010 NORTH COUNTY GLASS Accounts Payable Check 93.27 126431 10/07/2010 ANDREYA NUNEZ Accounts Payable Check 20.00 126432 10/07/2010 OFFICE DEPOT INC. Accounts Payable Check 964.71 126433 10/07/2010 TARA ORLICK Accounts Payable Check 13.50 126434 10/07/2010 OUTLET TOOL SUPPLY Accounts Payable Check 33.21 126435 10/07/2010 PACIFIC COAST GYMNASTICS CENTE Accounts Payable Check 233.10 126436 10/07/2010 PACIFIC GAS AND ELECTRIC Accounts Payable Check 1,608.23 126437 10/07/2010 PASO ROBLES FORD LINCOLN MERC Accounts Payable Check 3,677.70 126438 10/07/2010 PC MALL Accounts Payable Check 1,097.66 126439 10/07/2010 PFEIFFER PARTNERS, INC. Accounts Payable Check 108,804.60 126440 10/07/2010 KEN PHILLIPS Accounts Payable Check 297.00 126441 10/07/2010 JASON M. PLATZ Accounts Payable Check 36.00 126442 10/07/2010 ANDREW G. PRATT Accounts Payable Check 95.00 126443 10/07/2010 PROCARE JANITORIAL SUPPLY,INC. Accounts Payable Check 950.60 126444 10/07/2010 PRW STEEL SUPPLY, INC. Accounts Payable Check 460.28 126445 10/07/2010 RECOGNITION WORKS Accounts Payable Check 19.70 126446 10/07/2010 RACHELLE RICKARD Accounts Payable Check 300.00 126447 10/07/2010 ROB DAVIS BACKHOE Accounts Payable Check 1,400.00 126448 10/07/2010 ALBERTO RODRIGUEZ Accounts Payable Check 2,748.00 59 City of Atascadero Disbursement Listing For the Month of October 2010 Check Check Number Date Vendor Description Amount 126449 10/07/2010 JOEY ROEDL Accounts Payable Check 29.2- 126450 10/07/2010 MICHELLE R. ROGERS Accounts Payable Check 229.24 126451 10/07/2010 CARRIE ROWLAND Accounts Payable Check 80.00 126452 10/07/2010 S.W. MARTIN & ASSOCIATES Accounts Payable Check 11,083.33 12645: 10/07/2010 SAN LUIS SECURITY, INC. Accounts Payable Check 1,723.50 126454 10/07/2010 SANTA LUCIA SPORTSMEN ASSC INC Accounts Payable Check 224.00 126455 10/07/2010 SCHIMM'S TREE SERVICE, INC. Accounts Payable Check 750.00 126456 10/07/2010 SCOTT O'BRIEN FIRE & SAFETY CO Accounts Payable Check 99.71 126457 10/07/2010 JOHN C. SIEMENS Accounts Payable Check 280.00 126458 10/07/2010 SLO COUNTY HEALTH Accounts Payable Check 59,808.25 126459 10/07/2010 SLO COUNTY OFFICE OF EDUCATION Accounts Payable Check 370.00 126460 10/07/2010 SMART AND FINAL Accounts Payable Check 160.72 126461 10/07/2010 DAVID L. SMAW Accounts Payable Check 133.00 126462 10/07/2010 RYAN SMITH Accounts Payable Check 102.00 126463 10/07/2010 STATEWIDE SAFETY & SIGNS, INC. Accounts Payable Check 593.34 126464 10/07/2010 STEVE SCHMIDT TOPSOIL, INC. Accounts Payable Check 311.76 126465 10/07/2010 STUDIO 101 WEST Accounts Payable Check 1,130.73 126466 10/07/2010 SUNLIGHT JANITORIAL Accounts Payable Check 2,620.0 126467 10/07/2010 CALLIE TAYLOR Accounts Payable Check 21.3- 126468 10/07/2010 TEMPLETON UNIFORMS Accounts Payable Check 67.12 126469 10/07/2010 TERRA PAINTS Accounts Payable Check 148.90 126470 10/07/2010 TESCO CONTROLS, INC. Accounts Payable Check 1,123.10 '126471 10/07/2010 TESORO FLEET SERVICES Accounts Payable Check 6,035.43 126472 10/07/2010 RUSS THOMPSON Accounts Payable Check 300.00 126473 10/07/2010 TITAN INDUSTRIAL & SAFETY Accounts Payable Check 395.06 126474 10/07/2010 TOM'S MECHANICAL & HYDRAULIC Accounts Payable Check 42.00 126475 10/07/2010 TOSTE CONSTRUCTION Accounts Payable Check 28,622.00 126476 10/07/2010 TOWN & COUNTRY FENCING Accounts Payable Check 2,011.00 126477 10/07/2010 TRIBUNE Accounts Payable Check 183.00 126478 10/07/2010 UNCLE'S BAITS Accounts Payable Check 30.60 126479 10/07/2010 USA MOBILITY WIRELESS, INC. Accounts Payable Check 53.16 126480 10/07/2010 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 970.44 126481 10/07/2010 IWINA M. VAN BEEK Accounts Payable Check 133.00 126482 10/07/2010 VERIZON WIRELESS Accounts Payable Check 2,343.13 126483 10/07/2010 WELL SEEN SIGN COMPANY Accounts Payable Check 184.03 126484 10/07/2010 WILLDAN FINANCIAL SERVICES Accounts Payable Check 11,667.1- 126485 10/07/2010 JASON WILLIAMS Accounts Payable Check 80.0 •1 City of Atascadero Disbursement Listing For the Month of October 2010 Check Check amber Date Vendor Description Amount ,26486 10/07/2010 WULFING'S BACKGROUND & POLYGR Accounts Payable Check 225.00 126487 10/07/2010 ZOO MED LABORATORIES, INC. Accounts Payable Check 122.50 126488 10/11/2010 ALLSTATE WORKPLACE DIVISION Payroll Vendor Payment 4,421.16 126489 10/11/2010 CSAC - EIA Payroll Vendor Payment 1,185.48 126490 10/11/2010 MEDICAL EYE SERVICES Payroll Vendor Payment 1,529.33 126491 10/11/2010 PREFERRED BENEFITS INSURANCE Payroll Vendor Payment 8,242.74 126492 10/11/2010 SDRMA Payroll Vendor Payment 115,297.54 126493 10/13/2010 C3 CONSTRUCTION & DEVELOPMENT Accounts Payable Check 9,667.80 126494 10/13/2010 SHELL Accounts Payable Check 631.08 126495 10/13/2010 SPECIALTY GEAR & TRANSMISSION Accounts Payable Check 807.35 126496 10/14/2010 DIANE M. HELBERT Accounts Payable Check 40,000.00 126497 10/15/2010 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 630.00 126498 10/15/2010 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 40.00 126499 10/15/2010 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 930.00 126500 10/15/2010 FLEX -PLAN SERVICES INC. Payroll Vendor Payment 2,536.16 26501 10/15/2010 HARTFORD LIFE INSURANCE Payroll Vendor Payment 11,313.00 126502 10/15/2010 ICMA RETIREMENT CORP Accounts Payable Check 125.00 126503 10/15/2010 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 629.23 126504 10/15/2010 SEIU LOCAL 620 Payroll Vendor Payment 835.59 126505 10/15/2010 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 311.61 126506 10/15/2010 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 1,668.89 879 10/19/2010 RABOBANK, N.A. Payroll Vendor Payment 41,548.52 880 10/19/2010 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM Payroll Vendor Payment 85,167.26 881 10/19/2010 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 12,382.70 882 10/19/2010 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 1,262.74 126507 10/21/2010 JOHNNY F. MITCHELL Accounts Payable Check 190.00 126508 10/22/2010 ACTION FAX & PRINTER Accounts Payable Check 462.79 126509 10/22/2010 AGP VIDEO, INC. Accounts Payable Check 3,920.00 126510 10/22/2010 AHERN RENTALS Accounts Payable Check 451.95 126511 10/22/2010 AIR -RITE REFRIGERATION Accounts Payable Check 280.85 126512 10/22/2010 ALL SIGNS AND GRAPHICS, LLC Accounts Payable Check 735.02 126513 10/22/2010 ALTHOUSE & MEADE, INC. Accounts Payable Check 1,140.00 126514 10/22/2010 AMERICAN MARBORG Accounts Payable Check 203.41 61 City of Atascadero Disbursement Listing 62 For the Month of October 2010 Check Check Number Date Vendor Description Amount 12651E 10/22/2010 AMERICAN WEST TIRE & AUTO INC Accounts Payable Check 114.7 126516 10/22/2010 A -MOBIL Accounts Payable Check 240.00 126517 10/22/2010 AQUAMARK POOL CARE Accounts Payable Check 384.86 126518 "0/22/2010 ARAMARK UNIFORM SERVICES Accounts Payable Check 178.93 126519 10/22/2010 ARMET'S LANDSCAPE, INC. Accounts Payable Check 7,445.20 126520 10/22/2010 AT&T Accounts Payable Check 68.12 126521 10/22/2010 AT&T Accounts Payable Check 67.24 126522 10/22/2010 AT&T Accounts Payable Check 677.07 126524 10/22/2010 AT&T Accounts Payable Check 1,099.01 126525 10/22/2010 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 2,873.80 126526 10/22/2010 ATASCADERO NEWS Accounts Payable Check 705.00 126527 '10/22/2010 JENAMARIE P. BAIRD Accounts Payable Check 35.00 126528 10/22/2010 AUDREY BANKS Accounts Payable Check 75.00 126529 10/22/2010 BCS, LLC Accounts Payable Check 4,523.77 126530 10/22/2010 BERNARDS Accounts Payable Check 108,749.81 126531 10/22/2010 NICHOLAS P. BOONISAR Accounts Payable Check 18.00 126532 10/22/2010 BOUND TREE MEDICAL, LLC Accounts Payable Check 396.56 126533 10/22/2010 BRUMIT DIESEL, INC. Accounts Payable Check 25.3 126534 10/22/2010 CASEY BRYSON Accounts Payable Check 51.0- 126535 10/22/2010 BURKE,WILLIAMS, & SORENSON LLP Accounts Payable Check 4,344.00 126536 10/22/2010 BUTLER BUSINESS MACHINES Accounts Payable Check 327.07 126537 10/22/2010 C3 CONSTRUCTION & DEVELOPMENT Accounts Payable Check 31,748.01 126538 10/22/2010 CA CODE CHECK, INC. Accounts Payable Check 3,940.47 126539 10/22/2010 CALPORTLAND Accounts Payable Check 240.33 126540 10/22/2010 CHICAGO GRADE LANDFILL, INC. Accounts Payable Check 80.00 126541 10/22/2010 CITY OF ATASCADERO Accounts Payable Check 190.00 126542 10/22/2010 CITY OF SAN LUIS OBISPO Accounts Payable Check 25.00 126543 10/22/2010 CLEARS, INC. Accounts Payable Check 50.00 126544 10/22/2010 COAST ELECTRONICS Accounts Payable Check 4,255.07 126545 10/22/2010 COASTAL COPY, LP Accounts Payable Check 340.82 126546 10/22/2010 COASTAL REPROGRAPHIC SERVICES Accounts Payable Check 62.01 126547 10/22/2010 CONOCOPHILLIPS Accounts Payable Check 2,065.94 126548 10/22/2010 CRYSTAL SPRINGS WATER Accounts Payable Check 73.00 126549 10/22/2010 CULLIGAN INDUSTRIAL WATER SYST Accounts Payable Check 80.00 126550 10/22/2010 MATTHEW J. CURRY Accounts Payable Check 100.00 126551 10/22/2010 D4 ELECTRIC Accounts Payable Check 187.5 126552 10/22/2010 DECOU LUMBER COMPANY Accounts Payable Check 183.1 62 City of Atascadero Disbursement Listing 63 For the Month of October 2010 Check Check •mber Date Vendor Description Amount .26553 10/22/2010 DEPARTMENT OF CONSERVATION Accounts Payable Check 790.39 126554 10/22/2010 DEPARTMENT OF JUSTICE Accounts Payable Check 776.00 126555 10/22/2010 DISH NETWORK, LLC Accounts Payable Check 86.99 126556 10/22/2010 DOCUTEAM Accounts Payable Check 45.75 126557 10/22/2010 DRIVE CUSTOMS Accounts Payable Check 3,316.88 126558 10/22/2010 EL CAMINO BUILDING SUPPLY Accounts Payable Check 82.17 126559 10/22/2010 EL CAMINO CAR WASH LLC Accounts Payable Check 9.95 126560 10/22/2010 EWING IRRIGATION GOLF INDUSTRL Accounts Payable Check 12.83 126561 10/22/2010 FERRAVANTI GRADING & PAVING Accounts Payable Check 62,731.63 126562 10/22/2010 FERRELL'S AUTO REPAIR Accounts Payable Check 233.31 126563 10/22/2010 FGL ENVIRONMENTAL Accounts Payable Check 72.00 126564 10/22/2010 FIRST TRANSIT, INC. Accounts Payable Check 22,238.64 126565 10/22/2010 FIRSTLINE GLOVES, INC. Accounts Payable Check 154.36 126566 10/22/2010 FLUID RESOURCE MANAGEMENT,INC. Accounts Payable Check 795.00 126567 10/22/2010 ROBERTA FONZI Accounts Payable Check 19.00 126568 10/22/2010 FOOD FOR LESS Accounts Payable Check 72.90 126569 10/22/2010 FRAZEE INDUSTRIES, INC. Accounts Payable Check 50.73 26570 10/22/2010 G. SOSA CONSTRUCTION, INC. Accounts Payable Check 5,200.00 26571 10/22/2010 GEM AUTO PARTS Accounts Payable Check 103.72 126572 10/22/2010 GIBBS INTERNATIONAL, INC. Accounts Payable Check 122.58 126573 10/22/2010 GILBERT'S LANDSCAPES Accounts Payable Check 350.00 126574 10/22/2010 GOLDING CONCRETE SAWING Accounts Payable Check 200.00 126575 10/22/2010 GROUND UP DESIGN & CONST. MGMT Accounts Payable Check 31,615.90 126576 10/22/2010 HANSEN BRO'S CUSTOM FARMING Accounts Payable Check 13,542.00 126577 10/22/2010 HARVEY'S HONEYHUTS Accounts Payable Check 595.18 126578 10/22/2010 HOME DEPOT Accounts Payable Check 962.93 126579 10/22/2010 LYNDA HOREJSI Accounts Payable Check 25.00 126580 10/22/2010 HSBC BUSINESS SOLUTIONS Accounts Payable Check 295.84 126581 10/22/2010 ERIK W. HUBER Accounts Payable Check 108.00 126582 10/22/2010 INFORMATION TECHNOLOGY Accounts Payable Check 930.55 126583 10/22/2010 INTERSTATE BILLING SERVICE Accounts Payable Check 1,810.64 126584 10/22/2010 JESPERSEN'S TIRE SERVICE, INC. Accounts Payable Check 532.61 126585 10/22/2010 JIFFY LUBE/SOUND BILLING Accounts Payable Check 138.44 126586 10/22/2010 JOHN DEERE LANDSCAPES, INC. Accounts Payable Check 111.25 126587 10/22/2010 KRITZ EXCAVATING & TRUCKING INC Accounts Payable Check 2,154.60 126588 10/22/2010 LIFE ASSIST, INC. Accounts Payable Check 109.03 126589 10/22/2010 LOCATE PLUS CORPORATION Accounts Payable Check 25.00 63 City of Atascadero Disbursement Listing For the Month of October 2010 Check Check Number Date Vendor Description Amount 126590 10/22/2010 MANUEL MADRIGAL Accounts Payable Check 100.0L 126591 10/22/2010 MADRONE LANDSCAPES, INC. Accounts Payable Check 4,108.95 126592 10/22/2010 SHARON A. MARINI Accounts Payable Check 129.60 126593 10/22/2010 MARTINELLI LANDSCAPE CONST INC Accounts Payable Check 2,176.51 126594 10/22/2010 WADE MCKINNEY Accounts Payable Check 845.00 126595 10/22/2010 MICHAEL FREDERICK PAVING,INC. Accounts Payable Check 665.00 126596 10/22/2010 MID -COAST MOWER & SAW Accounts Payable Check 93.98 126597 10/22/2010 MINER'S ACE HARDWARE Accounts Payable Check 1,146.39 126598 10/22/2010 MISSION UNIFORM SERVICE Accounts Payable Check 115.51 126599 10/22/2010 MICHAL S. MOSES Accounts Payable Check 1,009.12 126600 10/22/2010 MOSS, LEVY, & HARTZHEIM LLP' Accounts Payable Check 6,000.00 126601 10/22/2010 DAVE MUEHLHAUSEN Accounts Payable Check 10.00 126602 10/22/2010 NBS Accounts Payable Check 3,825.00 126603 10/22/2010 NORTH CO. COMMUNICATIONS, LLC Accounts Payable Check 320.00 126604 10/22/2010 NORTH COUNTY WOMEN'S SHELTER Accounts Payable Check 12,100.00 126605 10/22/2010 O.C. TANNER Accounts Payable Check 3,318.02 126606 10/22/2010 OFFICE DEPOT INC. Accounts Payable Check 373.85 126607 10/22/2010 ONTRAC Accounts Payable Check 5.0 126608 10/22/2010 OUTLET TOOL SUPPLY Accounts Payable Check 161.6 126610 10/22/2010 PACIFIC GAS AND ELECTRIC Accounts Payable Check 39,470.33 126611 10/22/2010 PASO ROBLES FORD LINCOLN MERC Accounts Payable Check 2,361.65 126612 10/22/2010 VOID Accounts Payable Check 0.00 126613 10/22/2010 PC MALL Accounts Payable Check 602.15 126614 10/22/2010 PC MECHANICAL, INC. Accounts Payable Check 13,485.83 126615 10/22/2010 PERRY'S ELECTRIC MOTORS & CTRL Accounts Payable Check 3,201.10 126616 10/22/2010 PFEIFFER PARTNERS, INC. Accounts Payable Check 4,674.37 126617 10/22/2010 JASON M. PLATZ Accounts Payable Check 38.00 126618 10/22/2010 PLUS 4 ENGINEERING, INC. Accounts Payable Check 78.01 126619 10/22/2010 ANDREW G. PRATT Accounts Payable Check 95.00 126620 10/22/2010 PROCARE JANITORIAL SUPPLY,INC. Accounts Payable Check 345.25 126621 10/22/2010 PRW STEEL SUPPLY, INC. Accounts Payable Check 1,774.27 126622 10/22/2010 REGAL ELECTRIC Accounts Payable Check 9,210.00 126623 10/22/2010 RITTERBUSH REPAIR SERVICES Accounts Payable Check 450.00 126624 10/22/2010 ROB DAVIS BACKHOE Accounts Payable Check 7,000.00 126625 10/22/2010 ROSSI TRANSPORT SERVICE Accounts Payable Check 500.66 126626 10/22/2010 S.W. MARTIN & ASSOCIATES Accounts Payable Check 2,000.0- 126627 10/22/2010 MICHAEL D. SAMANIEGO Accounts Payable Check 693.0 •E City of Atascadero Disbursement Listing 65 For the Month of October 2010 Check Check "•-tuber Date Vendor Description Amount .26628 10/22/2010 SAN LUIS POWERHOUSE, INC. Accounts Payable Check 135.00 126629 10/22/2010 SLO COUNTY HEALTH Accounts Payable Check 59,808.25 126630 10/22/2010 SLO COUNTY OFFICE OF EDUCATION Accounts Payable Check 20.00 126631 10/22/2010 SLO COUNTY PUBLIC WORKS Accounts Payable Check 350.00 126632 10/22/2010 SLO COUNTY PUBLIC WORKS Accounts Payable Check 350.00 126633 10/22/2010 SLO COUNTY SHERIFF Accounts Payable Check 122.00 126634 10/22/2010 DAVID L. SMAW Accounts Payable Check 95.00 126635 10/22/2010 STANLEY CONVERGENT SECURITY Accounts Payable Check 1,791.64 126636 10/22/2010 STATE WATER RES CONTROL BOARD Accounts Payable Check 95.00 126637 10/22/2010 MICHAEL STORNETTA Accounts Payable Check 151.00 126638 10/22/2010 SUPERIOR CRANE & TRANSPORT Accounts Payable Check 240.00 126639 10/22/2010 RONALD R. TARICA Accounts Payable Check 270.00 126640 10/22/2010 CALLIE TAYLOR Accounts Payable Check 45.00 126641 10/22/2010 TEMPLETON UNIFORMS Accounts Payable Check 311.20 126642 10/22/2010 TESCO CONTROLS, INC. Accounts Payable Check 460.06 126643 10/22/2010 TOLAR MANUFACTURING CO, INC. Accounts Payable Check 41,694.38 126644 10/22/2010 MARCIA TORGERSON Accounts Payable Check 178.00 26645 10/22/2010 TOSTE CONSTRUCTION Accounts Payable Check 3,285.00 26646 10/22/2010 TRM GOOD, LLC Accounts Payable Check 33.00 126647 10/22/2010 TURF STAR, INC. Accounts Payable Check 168.37 126650 10/22/2010 U.S. BANK Accounts Payable Check 16,764.50 126651 10/22/2010 ULTREX BUSINESS PRODUCTS Accounts Payable Check 522.61 126652 10/22/2010 UNITED RENTALS Accounts Payable Check 200.00 126653 10/22/2010 USA BLUE BOOK Accounts Payable Check 290.08 126654 10/22/2010 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 3,050.77 126655 10/22/2010 VERIZON WIRELESS Accounts Payable Check 174.48 126656 10/29/2010 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 630.00 126657 10/29/2010 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 40.00 126658 10/29/2010 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 960.00 126659 10/29/2010 AXA EQUITABLE Payroll Vendor Payment 520.12 126660 10/29/2010 FLEX -PLAN SERVICES INC. Payroll Vendor Payment 2,536.16 126661 10/29/2010 FLEX -PLAN SERVICES INC. Payroll Vendor Payment 160.00 126662 10/29/2010 HARTFORD LIFE INSURANCE Payroll Vendor Payment 7,745.00 126663 10/29/2010 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 655.84 126664 10/29/2010 SEIU LOCAL 620 Payroll Vendor Payment 854.91 126665 10/29/2010 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 311.61 65 Checi: Number Date City of Atascadero Disbursement Listing For the Month of October 2010 Vendor 1 33C 10 VANTAGEPOINT TRNSFR AGT 304633 66 Description Amount Payroll Vendor Payment 1,668.3 $ 1,811,766.03 ITEM NUMBER: A-5 DATE: 12/14/10 A tascadero City Council Marcia McClure Torgerson, C.M.C., City Clerk Parks & Recreation Commission Youth Representative appointment 10 �i Sub -committee recommends: Council appoint Luke Thek to the Parks & Recreation Commission's Youth Representative position. �'3�I�I+3310 The Parks & Recreation Commission advises the City Council on matters that pertain to Parks and Recreation. The Commission also frequently considers issues that affect the youth of Atascadero. The City Council values the opinion of the youth of Atascadero, and has a youth representative advisory position on the Commission. There can be as many as two youth representatives; they must be between the ages of 13 and 18 years of age, and must be a resident of the City. The youth representatives serve a one year term. Youth Representative Matthew O'Connell served the Commission from September 2008 to June 2010. He resigned this year as he has graduated from High School and entered college. As required by Resolution No. 2005-014, the City Council directed the City Clerk to advertise the vacancy and schedule interviews with a sub -committee of the City Council, Council Member Bob Kelley and Council Member Jerry Clay. One student applied, Luke Thek. The interview was conducted and the sub -committee has recommended that Luke Thek be appointed to fill the vacancy left by O'Connell's resignation. ALTERNATIVES: Council may direct the City Clerk to continue to advertise the vacancy. ATTACHMENT: One application —Luke Thek MJ m Please return to: CITY CLERK 6907 El Camino Real Atascadero, CA 93422 CITY OF ATASCADERO PARKS & RECREATION COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with the exception of youth representatives who are not required to he registered voters. Minimum qualifications are subject to verification. Please complete the Supplemental Questionnaire, which accompanies this application. APPLICATION FOR: PARKS & RECREATION CONMSSION NAME:Email Address: RESIDENTIAL ADDRESS: ' 1 1 VJ1 a Home Phone:y W,yi�` ` Work Phone: �$U � MAILING ADDRESS (if different): _VJV Are you a resident of the City of Atascadero? Are you a registered voter? Yes No OCCUPATION: ! " ' fi L r. How Long? t' EMPLOYMENT - Present or last employer's �n0ame, address and phone number: H Position held and length of employment: EDUCATION: fAe �� � � a -c- � M Esc MOM Wo �Iy of Atascadero s & Recreation Commission Application Page 2 U --L- T IYK Applicant's Name `F.T,EVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL ISTRATION: . _6-VJ(V &,Sf % NVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL. AND/OR ACADEMIC ORGANIZATIONS: lI J � � A ` Ott % A o �- i QXT A X T n F/VL 59 leo.( 4 _- OTHER CITY COMMISSIONS, COMAflTTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING ON: t=3Jw did you learn about this vacancy? Newspaper Article _ _ Newspaper Ad Community Group Word of Mouth L,Ibrary City Hall All Place of Employment Other (specify): Please eomplete the following supplemental questionnaire. Feel free to attach a resume or other information about yourself. I hereby certify. under penalty of perjury, that the information on this application and attached supplement are true and correct. Signature; �;4k, Date: V2fl w his application and supplement are "public documents" and are available for review upon request. Applicants are advised :raay be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. 7C amity of Atascadero Parks & Recreation Commission Application Page 3 Applicant's Name CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE PARKS AND RECREATION COMMISSION 1. Please expiainwhy you would like to serve on the Parks and Recreation Commission. V j ov�.A+ 2. Have you ever attended a meeting of the Parks and Recreation Commission? — Yes V No 3. What is it about the Parks and Recreation Commission that interests you? What qualities, experience and expertise would you bring to the Parks and Recreation Commission? ry 4. In your view, what is the function of the Parks and R creation Commission? J-0 5. How would you see your role as a member of the Parks and Recreation C mmission? kT kkc---§ -4 41 AINC" d�v 0 7 5 71 City of Atascadero Parks & Recreation Commission Application Page 4 Applicant's Name 6. What are the current issues facing the Parks and Recreation Commission? k jj-r-e cA V --,t i j- 7. Are you familiar with the City's General Plan, and if so, describe briefly your views about the document. 8. If appointed, what specific goals would you like to see the Parks and Recreation Commission achieve? IT- �zc --D A4v�,etv e Fllak VAR # 9. If there is additional information you would like to share about yourself, please use the following space provided (optional). I hereby certify that the foregoing information is true and correct Signature: Date: O/Z e 72 Atascadero City Council Staff Report - Public Works Department ITEM NUMBER: A-6 DATE: 12/14/10 Final Map 2010-0174 (Parcel Map AT 03-0258) 5190 Portola Road (TPM 2004-0057) Ed Nolan RECOMMENDATIONS: Council: 1. Adopt and approve Final Parcel Map 2010-0174 (Parcel Map AT 03-0258); and, 2. Authorize and direct the City Clerk to endorse the Council's approval on the Map. DISCUSSION: Tentative Parcel Map 2004-00574 was approved by the City Council on September 11, 2007. The Tentative Parcel Map approved the division of a 3.02 acre lot into two lots of 1.50 and 1.52 acres. Staff has determined that the Parcel Map is in substantial conformance with approved Tentative Parcel Map. Pursuant to California Government Code Section 66474.1 the approving legislative body (City Council) cannot deny a parcel map that is in substantial conformance with the previously approved tentative map. Also, Pursuant to California Government Code Section 66477.1(a), at the time the legislative body approves a parcel map, the legislative body shall also accept, accept subject to improvement, or reject any offer of dedication. There are no offers of dedication on this map. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Final Map 2010-0174 (Parcel Map AT 03-0258) 73 ITEM NUMBER: A-6 Exhibit A r :iai Map 2010-0174 (Parcel Map AT 03-0258) 9Cr rtola Road r m s d 0 6� Y E 3 NR rn c �g d'J � PORTOLA ROAD ¢ ez i '�'� 7Wo `� � _ R a N ygx3 �0 9 gz i i g O I O� 12 � l/ 8 § ^� p N nJap W w o 0 zam3 zZ m 0 3ry�' a< a 5 oL �o a i5 a s � •a� 0 O G O i tea, q � I mpg \ l OSB �Q. � og'^$-"•^ ��e 74 4/10 A tascadero City Council Staff Report - Public Works Department ITEM NUMBER: A-7 DATE: 12/14/10 Wastewater Treatment Plant Head-works/Sar-screen Project Design Award RECOMMENDATIONS: City Council authorize the City Manager to execute an agreement with AECOM Inc. in the amount of $ 99,000.00, for engineering design to prepare working drawings, plans and specification for a pre-screening facility at the head -works of the Atascadero Wastewater Treatment Plant. DISCUSSION: Background: The City Council allocated funds in fiscal year 2010/ 2011 budget for a Head -works/ Bar -screen project at the Wastewater Treatment Plant. The Head -works/ Bar -screen will aid the City with regulatory requirements as well as reduce the non- organic materials from entering the treatment process to enhance the life expectancy of the City's wastewater infrastructure and reduce staff time currently necessary to remove non -organics from the Wastewater Treatment plant's processing equipment. The proposed design services award is the first step towards improving the City's solids handling program at key wastewater facilities. The selected consultant will conduct an initial pre -design evaluation of historical non-organic solids handling issues, review Lift Stations #3 and #5 role in grinding and / or screening of non-organic solids upstream of the headworks project, and ultimately prepare design plans and specifications for the budgeted headworks facility. Analysis: The Wastewater Treatment Plant Head -works/ Bar -screen Project Design Services Request for Proposals were due on November 18, 2010. Three (3) proposals from Engineering firms were received. The proposals were reviewed for accuracy and compliance with the proposal requirements and ranked based on graded criteria. AECOM Inc, received the highest ranking of the three proposers. The AECOM fee for the design services to be provided is $99,000. 75 ITEM NUMBER: A-7 DATE: 12/14/10 EXPENDITURES Admin Costs/ Staff time $10,000 Engineering and Design Expenses $99,000 Construction Estimate $441,000 Contingency @ 20% $88,200 Potential Ad -Alternate: Site Improvements $16,600 Inspection and Testing Services @ 5% TOTAL PROJECT EXPENDITURES $22,200 $677,000 REVENUES Allocated Wastewater Funds $677,000 TOTAL PROJECT REVENUES $677,00 Conclusion: AECOM Inc. is the highest ranking design firm based on the graded criteria established for this project and is qualified and prepared to complete engineering design to prepare working drawings, plans and specifications for a pre-screening facility at the headworks of the Atascadero Wastewater Treatment Plant. Staff recommends that the City Council award the project to AECOM Inc., and authorize the City Manager to enter into an agreement with AECOM Inc. for $ 99,000.00 for engineering design to prepare ,,,,orking drawings, plans and specifications for a pre-screening facility at the headworks c)f the Atascadero Wastewater Treatment Plant. FISCAL IMPACT: Approval of this agreement will result in the expenditure of $99,000.00 previously budgeted Wastewater funds for this capital improvement project. ATTACHMENT: 1. List of proposing engineering firms 76 ITEM NUMBER: A-7 DATE: 12/14/10 City of Atascnclero Public TfiI'ork-s Department Bid Srtnrmcsg OPENED: 11/18/2010 PROJECT: R'NVTP HeadwarkslBarscreen Project 3 Bids ivere received and opened today-, as follows: Rank Firm Address 1 AECOM 1194 Pacific Street, Ste 204 San Luis Obispo.CA 93401 2 Freitas +Freitas 3233 Valencia Avenue, Ste Al Aptos; CA 95003 3 Carrollo 7580 North Ingram Avenue, Ste 112 Fresno, CA 93711 77 78 Atascadero City Council Staff Report - Fire Department ITEM NUMBER: B — 1a DATE: 12/14/10 New 2010 California Building and Fire Codes Supplemental Report Response to Questions from City Council Concerning Recommended Fire Code Modifications RECOMMENDATION: Council accept Staff's original recommendation on sprinkler requirements, as proposed in the staff report heard by the Council on November 23, 2010. REPORT -IN -BRIEF: Local jurisdictions may make modifications to the new State Codes if justified by climatic, topographic or geological conditions, and provided the modifications are at least as restrictive as the State mandated Codes. At the City Councils' request, staff has returned with clarifications and justifications related to the proposed changes to Title 4 of the Atascadero Municipal Code regarding fire sprinklers. DISCUSSION: Since 1991 the City of Atascadero has maintained a fire sprinkler ordinance which exceeded the requirements of the State of California. In 2004, the City modified the fire sprinkler code to require fire sprinklers in all new construction and remodeled homes/businesses exceeding certain square footage standards. These deviations were based on the number of fire stations and fire staff, geographic size of the City (long travel distances), water system limitations, and threat of fire to the vegetation eight months a year. Risk vs. Cost: The fire sprinkler issue is an important policy consideration for the City Council especially in these economic times. Staff has developed the following information to assist Council in analyzing the risk versus gain and cost/benefit, The capabilities and limitations of the fire department, the impacts of progressive fire prevention and fire 79 supression systems are the areas considered to balance risk to the community. The fell(°wing matrix depicts risk as it compares to Fire Department capabilities and Code :lations. As the City has a larger, more equipped fire department with the most E° rictive codes, risk goes down. As fire capabilities or codes are reduced risk goes . The Council is trying to determine the local risk/cost tolerance. Hee Flow: At the last City Council meeting, numerous questions came up regarding fire flow. The following charts illustrate the thresholds or requirements for certain sizes of buildings. Fir? Flow is described as the amount of water needed to extinguish a fire in a given type a,n6 size of a structure for a specified duration as outlined in the California Fire Code. It sh,.)uld be noted that maximum fire flow is usually obtainable in the core of the City. As ;property owners build further from the core, the availability of water and access to the water supply is generally reduced. These conditions exist due to: dead-end roads & lines, elevated building sites, wide hydrant spacing, very long pipe runs and smaller diameter water lines. All of these factors are evaluated when determining the available fire flow for a particular building site. This means, that even though City ') Ics may permit additions of a certain size, fire flows restrict the permitted size and y only allow an addition of square footage less than the City Code. The chart below is an abbreviated example to illustrate fire flow. As fire flow �irements increase, so does the need for staff to apply the water to a fire. Staff has added the approximate numbers of fire engines & staff needed to suppress fires based on the size of a structure and whether it has sprinklers or not. Required Flow Required Flow W/O Sprinklers W/Sprinklers 1 1 & 2 Family Residence under 3600 Sq. Ft. 1000 GPM 500 GPM 2 Other Occupancies 0 — 3600 Sq. Ft. 1500 750 3 Other Occupancies 3601 — 4800 Sq. Ft. 1750 875 4 Other Occupancies 4801 — 6200 Sq. Ft. 2000 1000 ++All fire flows above require at least two hour duration in capability ++Commercial fire sprinkler systems allow a 75% reduction in fire flow Staff/Fire Engines & Fire Flow needed to fight a fire in the following sized structures: 1 & 2 Family Residence Engines/Staff No Sprinklers Engin s/Staff W/S rinklers 500 - 1000 Sq. Ft. 3/13 Staff 1000 GPM 2/7 Staff 500 GPM 1001 - 2000 Sq. Ft. 4/16 Staff 1000 2/7 Staff 750 2001 - 3000 Sq. Ft. 5/21 Staff 1000 2/9 Staff 500 3001 - 4800 Sq. Ft. *7-8/28-34 Staff 1000/1500/1750 3/13 Staff 500 to 875 4801 - 6200 Sq. Ft. *10/48 Staff 2000 4/21 Staff 1000 *May Require a Ladder Truck Sprinkler Ordinance Comparison: Over the last eight years numerous requests for additions have been processed successfully under the current sprinkler ordinance. A few cases caused staff to realize code shortcomings. Under the current Code, no provision was made for modest additions for buildings near 3000 sq. ft. Given staff's experience and a complete evaluation of the history of cases involving these few issues, the amended Code will accommodate nearly all of the types of addition requests received by the City over the last 8 years. The following tables give examples of the restrictions within the current code and descriptions of proposed relief. Review of current and proposed sprinkler requirements: Current Code: Addition Sprinklers Yes / No 1 Existinq House 0 - 3000 Sq. Ft. NO 2 Existing House 3001 Sq. Ft. Add 1 Sq. Ft. YES 3 Existing House 4500 Sq. Ft. Add 1 Sq. Ft. YES 4 Existing House 5000 Sq. Ft. and greater YES Prnnnced Code Adnntinn- Addition Sprinklers Yes / No 1 Existin House 0 - 3000 Sq. Ft. NO 2 Existing House 3000 Sq. Ft. Add 10%=300 Sq Ft Total=3300 SF NO 3 Existing House 4545 Sq. Ft. Add 10%=454.50 Sq Ft Total=4999.50 SF NO 4 Existing House 5000 Sq. Ft. Plus YES F-�Ionale behind Staff's Recommendation to use a Trigger of 3000 sq ft: .aff proposes no change from the current 3000 sq. ft. as a maximum sq. ft. trigger be'ore requiring residential sprinklers. Relief from the current code is recommended by sta''° for residential structures over 3000 sq. ft. that do not exceed 5000 sq. ft. (See chart ab^ve). Staff recommends using a 10% formula that could be applied to these projects c aiiow modest additions before triggering sprinklers. Under the current code sprinklers aie triggered with any addition in excess of 3000 sq. ft. -some additions equal to 3272 sq. ft. that use the 10% relief will increase in size to 3599.20 sq. ft., just under 3600 sq. ft. At 3601 sq. ft. the fire flow requirements increase f,orn 1000 gpm to 1750 gpm. It is staff's belief that 3272 sq. ft. is a difficult number to ggest as a sprinkler trigger and believes if such an odd number was used it would confuse the public. To simplify the process, staff recommends rounding the number to 3000 sq. ft. 3000 sq. ft. is used as a threshold elsewhere in the CBC & CFC, an example are the restrictions in Group U occupancies. 11conclusion, staff believes that the staffing requirements, duration of fires, and mmitment of fire equipment, dramatically increase at the 3000 sq. ft. mark. The sheer ._ ;fount of hose handling, breathing apparatus air bottles & refills, smoke evacuating 3quipment, fire flow and overhaul, necessitates a significant increase in staff. The Council has the discretion to modify this section of the Code, recognizing that the California Fire Code will dictate fire flow, which must be met in all structures per the ode. Options: 1. Raise or lower the percentage of square footage that triggers sprinklers 2. Raise or lower the total square footage before triggering sprinklers 3. Eliminate this requirement New Construction: There is no change to the fire sprinkler system requirements for new construction. Group U Occupancies: 3roup U buildings are described in the Code as private garages attached or detached, agricultural use buildings, workshops etc, or as accessory structures to residential units. nese occupancies are limited in type and size by the CFC as described in previous fire flow chart. Group U Buildings can be increased to 3000 sq. ft. when the use is limited to storage of private or pleasure type of motor vehicles where no repair work is completed or fuel is dispensed. Chane Sq Ft Chane Fire Flow Residential Addition less 3000 SF 10 3300 1000 GPM Residential Addition more than 3600 SF 10 3960 1750 GPM Residential Addition more than 3600 SF 20 4320 1750 GPM Staff preferred Rounded down 3272 SF 10 3599.20 1000 GPM The Council has the discretion to modify this section of the Code, recognizing that the California Fire Code will dictate fire flow, which must be met in all structures per the ode. Options: 1. Raise or lower the percentage of square footage that triggers sprinklers 2. Raise or lower the total square footage before triggering sprinklers 3. Eliminate this requirement New Construction: There is no change to the fire sprinkler system requirements for new construction. Group U Occupancies: 3roup U buildings are described in the Code as private garages attached or detached, agricultural use buildings, workshops etc, or as accessory structures to residential units. nese occupancies are limited in type and size by the CFC as described in previous fire flow chart. Group U Buildings can be increased to 3000 sq. ft. when the use is limited to storage of private or pleasure type of motor vehicles where no repair work is completed or fuel is dispensed. The current Atascadero Municipal Code states that detached U occupancies cannot exceed 1000 sq. ft. without fire sprinklers per the Code. The Council has the discretion to modify this section of the Code, recognizing that the California Fire Code will dictate fire flow, which must be met in all structures per the Code. These buildings may or may not require sprinklers. Options: a. Restrict Group U, including agricultural buildings, to less than 3000 sq. ft. by requiring 50 foot separations from dwelling units & property lines, ignition resistant (WUI) construction requirements. b. Require sprinklers only when fire flow dictates sprinklers be installed. c. Require the building is open on all four sides. Occupancy Separation between home and garage: Under the current and proposed code, all sq. ft. calculations will be counted as the area under one continuous roof. Occupancy separations will still apply when a residential occupancy is attached to a garage or U occupancy. If a fire area separation is used to separate an R-3 from a U occupancy, a 2 hour firewall would be required and it would have to extend beyond the exterior walls (including the eves) by 18" and vertically at least 30" above both adjacent roofs. FISCAL IMPACT: Staff expects minimal fiscal impact from the adoption of the new building codes as recommended by staff. If the City Council directs staff to make the sprinkler requirements less restrictive than recommended, the size and frequency of fires could increase along with the duration of time staff is committed on these fires, which will result in increased use of overtime. ALTERNATIVES: Residential Additions: The Council has the discretion to modify this section of the Code, recognizing that the California Fire Code will dictate fire flow, which must be met in all structures per the Code. Options: 1. Raise or lower the percentage of square footage that triggers sprinklers. 2. Raise or lower the total square footage before triggering sprinklers. 3. Eliminate this requirement. ^,coup U Occupancies: �1 Council has the discretion to modify this section of the Code, recognizing that the California Fire Code will dictate fire flow, which must be met in all structures per the Corte. These buildings may or may not require sprinklers. Options: a. Restrict Group U, including agricultural buildings, to less than 3000 sq. ft. by requiring 50 foot separations from dwelling units & property lines, ignition resistant (WUI) construction requirements. b. Require sprinklers only when fire flow dictates sprinklers be installed. c. Require the building is open on all four sides. ATTACHMENTS: None ITEM NUMBER: B — 1 b DATE: 12/14/10 Atascadero City Council Staff Report - Community Development Department Adoption of New 2010 California Building Codes; Modifications to Atascadero Municipal Code: Title 8 Building Regulations 2010 California Building Code 2010 California Residential Code (new this code cycle) 2010 California Mechanical Code 2010 California Electrical Code 2010 California Plumbing Code 2010 California Green Building Code (new this code cycle) 2010 California Historic Building Code 2010 California Existing Building Code 2009 International Property Maintenance Code Adoption of the New 2010 California Fire Code; Modifications to the Atascadero Municipal Code: Title 4 Fire Regulations 2010 California Fire Code 2009 International Wildland Interface Code RECOMMENDATION: Council introduce for first reading by title only, Draft Ordinance A adopting the mandated California Building Codes, the International Property Maintenance Code, the California Fire Code, and the International Wildland Interface Code with proposed local amendments contained in Title 8 and Title 4 of the Atascadero Municipal Code. PEPORT-IN-BRIEF: -he 2010 California Building and Fire Codes were adopted by the State of California on my 1, 2010, and will become effective throughout the State on January 1, 2011. All hermit applications for construction projects received on or after January 1, 2011 will be ;abject to the new code requirements. Local jurisdictions may make modifications to the new State Codes if justified by ;climatic, topographic or geological conditions, and provided the modifications are at ;east as restrictive as the State mandated Codes. DISCUSSION: State Building and Fire Codes are updated on a 3 -year cycle. The current City codes are the 2007 edition, and have been in effect since January 1, 2008. The 2010 I alifornia Codes will become effective throughout the State on January 1, 2011. Permit applications submitted on or before December 31, 2010 will be processed under the current code requirements. Permit applications submitted on or after January 1, 2011 will be processed under the new 2010 CBC requirements. Two new codes are adopted by the State this code cycle, the California Residential Building Code, which provides standards for one and two family residential projects, and the California Green Building Standards Code, which regulates interior and exterior environmental features as they relate to new construction projects. The typical building code adoption process is as follows: The State adopts the new building codes on July 1, 2010, to become effective in six months. • Local jurisdictions use six months period to review the new codes and make local amendments. ® Local amendments must be based on geologic, topographic or climatic conditions, and must be at least as restrictive and the State Code. State Codes become effective on January 1, 2011. Local amendments become effective 30 days after 2nd reading. Kei,,° points of interest this code cycle include: ® New graywater system standards Green Building Standards • Fire Safety and Wildland Urban Interface (WUI) Residential Code for single family residential. -j Unreinforced Masonry Buildings 8r3 Gravwater Svstems Graywater systems were approved in the State as an emergency regulation update in August of 2009. The emergency regulation was in response to the ongoing concern for a sufficient supply of potable water throughout the State, and allowed the installation of single -fixture and clothes washer systems without construction permits. These systems were relatively easy to install, and required little or no modification to the existing plumbing system. In the new California Plumbing Code, the exception has been revised to eliminate the single -fixture system. The only graywater system that will be exempt from a permit will be the clothes washer system. CalGreen Code The 2010 California Green Building Standards Code, commonly referred to as the CALGreen Code, is the first statewide green building code in the Country. This code was first introduced on August 1, 2009 on a voluntary basis. It becomes a mandatory code on January 1, 2011. Many of the provisions of the CALGreen Code have been enforced in Atascadero, such as our local recycling ordinance and our cooperative work with the Local Regional Water Quality Control Board. The CALGreen code will have mandatory requirements, and contain Tier 1 and Tier 2 voluntary compliance measures for projects that wish to exceed minimum environmental standards. It is assumed that many of the Tier 1 and Tier 2 voluntary requirements will become mandatory in the next code cycle. Fire Safety Fire Safety code requirements will include fire sprinkler systems in single-family residences throughout the State. The City of Atascadero has required fire sprinkler systems in single-family residences since October of 2004, so this new Statewide requirement will not impact Atascadero. Wildland Urban Interface (WUI) has been a concern in Atascadero for many years. The City first adopted the International Wildland Urban Interface code in 2004. That code prescribed Ignition Resistant Construction requirements in specified Fire Severity Zone areas. Since that time the State has incorporated WUI requirements into the California Building Codes. The Fire Department proposes to adopt the 2009 International Wildland Interface Code with the exception of Chapter 5, which regulates Construction Requirements in Fire Severity Zones. These requirements will be covered by the Ignition Resistant Construction requirements in Chapter 7A of the California Building Code and will be applied uniformly to both High and Very High Fire Severity Zones. This will alleviate some confusion between different code sections and different fire severity zones. In addition to streamlining the Ignition Resistant Construction requirements in fire severity zones, the City is proposing to exempt additions and remodel projects where the first permit application submittal date for the building permit was prior to October 5, 2004. This exception will provide relief for projects where materials or type of construction was difficult to match while meeting the WUI standards. Residential Code The California Residential Code provides methods and standards for one and two family residential dwellings up to three stories in height. This code will provide a template that, if followed precisely, can be used to construct a one or two family building without the use of an architect or engineer. In cases where the prescriptive measures in the Residential Code are not followed, a licensed architect or engineer will be required to analyze the project and provide necessary details. The City requires a geotechnical (soils) report for a new single family residence, and that service also requires a licensed engineer. The Community Development Department and Fire Department propose to replace the fire sprinkler system requirements with our current local fire sprinkler ordinance requirements. Our local code requires fire sprinklers on residential and commercial additions that meet certain size limitations. ether features in the Residential Code include: Attached decks will require a permit. Decks will still be exempt from building permit when detached, less than 200 sq ft, and less than 30 inches above grade. • Buildings with fire sprinklers will be allowed to be three feet to a property line without exterior wall or opening protection • Buildings without fire sprinklers must be five feet to a property line for the same requirements. • Guards (formally called guardrails) are still required to be 42 inches high. • Carbon monoxide detectors will required along with smoke detectors in new construction and in remodels and additions when the value of the work exceeds $1,000. Unreinforced Masonry Buildinas (URM Since 1979 the State of California has taken a proactive approach to identify and address unreinforced masonry buildings. In 1986 the State Legislature passed a law requiring local governments to inventory all unreinforced masonry buildings and establish a loss reduction program and report their progress to the State. In 1995 the City of Atascadero contracted with a local architect to survey the City and develop a list of probable unreinforced masonry buildings (URM's). The City also adopted a local ordinance, AMC Section 8-10, requiring a licensed architect or engineer to evaluate URM's and either: • Provide testing and analysis demonstrating that the structure is not a URM • Provide structural analysis and plans to modify and upgrade the structure • Or demolish the structure The timeframes for bringing these buildings to an approved standard of compliance was January 1, 2005. IN For the buildings with historical significance, demolition is not allowed. City staff has worked with property owners to improve their unreinforced masonry buildings with seismic retrofit methodology, and since that time twenty three buildings have been upgraded and removed from the URM list. Nine buildings remain on the list, one of which is the Historic City Hall, and one is the Historic Printery Building. O The remaining list of Probable Unreinforced Masonry Buildings include: City Staff proposes to notify the owners of the remaining probable unreinforced masonry buildings that their buildings are declared unsafe as defined in the Title 8 Building Regulations, and therefore they must comply with seismic retrofit standards by July 1, 2011 or a Notice of Noncompliance will be filed on the property and the structures will be ordered vacated until seismic upgrade compliance is completed and verified. It is possible that some of the remaining buildings could be removed based solely on the testing and analysis. Local Amendments In addition to the mandated code adoption, the Division of Building Services and Fire Department are proposing to amend the City Building and Fire Code requirements, Title 8 and Title 4 of the Atascadero Municipal Code, to support the California Building and Fire Codes as they apply to our City. Title 8 and Title 4 documents with track changes, as well as commentary documents for both Chapters, are included as an attachment. Summary: California Building Codes are adopted by the State on a 3 -year cycle. 2010 Building Codes were adopted by the State on July 1, 2010 and will become effective throughout the State on January 1, 2011. Municipalities use the 6 -month timeframe between the State adoption and the effective date of the code to make local modifications based on climatic, topographic or geographic conditions. Conclusion: This is a mandatory code adoption process. FISCAL IMPACT: Staff expects minimal fiscal impact from the adoption of the new building codes. ALTERNATIVES: The Council may refer this item back to staff for additional analysis of proposed local amendments. The 2010 State Building Codes will go into effect in Atascadero in Atascadero on January 1, 2011 regardless of Council action. ATTACHMENTS: 1. Attachment 1: Title 8 modification commentary 2. Attachment 2: Title 4 modification commentary 3. Attachment 3: Draft Ordinance A of t fta chment 1: Title 8 modification commentary DISCUSSION OF AMENDMENTS PROPOSED TITLE 8 AMENDMENTS OF THE ATASCADERO MUNICIPAL CODE SECTION 8-1.102 ADOPTION OF CODES The 2010 editions of the California Building Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code, Energy Code, Historical Building Code, Existing Building Code, Green Building Code, are adopted in this section, including appendices. The 2009 International Property Maintenance Code is also adopted in this section. SECTION 8-2.1.1 MODIFICATIONS TO CHAPTER I The administrative chapter in the California Building Code was moved from Appendix Chapter 1 to Chapter I Division II. This section is modified to reference the proper new code sections. (a) Section 105.1.3 Cargo containers and railroad cars. Language has been modified to clear up ambiguity. Mobilehomes without HUD labels are not built to an approved minimum standard, and are no longer approved for habitation. Because these structures are not conventionally constructed, modifications are required to be designed by a licensed professional. (b) Section 105.2.4 Work exempt from permit: 1. Exempt accessory structures less than 120 square feet will be limited to 16 feet in total height. 2. This deck exemption is included in the administrative section of the Residential Code. That administrative section has been deleted and replaced with the administrative section in the Building Code. This modification reinstates the deck exemption. SECTION 113 THROUGH 117 These section numbers have been changed to reference new code sections. ST-,'CTION 8-3.101 MODIFICATIONS TO THE BUILDING CODE 9r (a) Delete Appendix A, B, C, D, F, G, H and K. Adopt I and J. (b) Section 701A.1. This section was modified to specify CBC 7A as the construction standards for new construction in High or Very High Fire Severity Zones. This section also exempts additions or modifications to existing buildings if they were built prior to the effective date of the construction standards in the 2003 International Wildland Interface Code. That date was October 5, 2004. (c) Section 701A.2. This section was modified to reference the City's High and Very High Fire Severity Zones. (d) Section 701A.4. This section was modified to apply to additions or modifications to existing buildings only if they were originally constructed after the effective date of the 2003 International Wildland Interface Code, October 5, 2004. (e) Exemptions. Lists structures that are exempt from the fire severity zone construction requirements: 1. To allow a shade structure, open on all sides, without Ignition Resistant construction. 2. Tool sheds, playhouses and similar structures exempt from building permits. 3. To allow modifications to buildings built prior to October 5, 2004 without Ignition Resistant construction. (f) Section 903.2 through 903.2.18. Replaces "where required" section in Building Code with existing locally adopted code language to be consistent with Fire Code. Exceptions have been modified to limit requirements for specified minor additions. (g) Section 903.2.1. Provides a fire sprinkler system hazard risk table based for change of occupancy. (h) Section 903.3. Delete current local ordinance text and replace with Building Code text. (i) Section 1506.3.1. Prohibits wood shake or shingle. (j) Section 1802.2. Allows 1,000 square foot additions and 1,000 square foot accessory structures without soils report with building official approval. (k) Sections 3408.1.1 through 3408.1.4.3. Modified to reference new code sections. (1) Section 3109.4.4.2. Requires property line fence in conjunction with door alarms or self- closing doors for swimming pool fencing in order to protect from access through adjacent property. (m)(n) (o) (p) Change numbering only. (q) Section J104.2.1 has been modified to apply requirements uniformly, and to specify when project submittals must comply with adopted standards regarding site drainage, sensitive environments, Low Impact Development, Stormwater Pollution Plan, erosion and sedimentation control, and to and specify submittal requirements for projects in a Flood Hazard area or a Geologic Hazard Overlay Zone. SECTION 8-4.101 MODIFICATIONS TO THE RESIDENTIAL CODE 93 (a) Delete Appendix A, B, C, D, E, F, G, I, J, K, L, M, N P, Q and R. Adopt Appendix H and O. (b) Replace administrative chapter with Building Code administrative chapter as amended. (c) Section R313. Replace fire sprinkler requirements to be consistent with current local fire sprinkler system requirements and Fire Code. =` Add Section R401.1 to maintain consistency with the Building Code requirements, and to ensure new buildings are constructed with adequate foundations based the soil type and characteristics. SECI''y_ 'N 8-5.101 MODIFICATIONS TO THE ELECTRICAL CODE (a) Replace administrative chapter with Building Code administrative chapter as amended. JN 806.101 MODIFICATIONS TO THE PLUMBING CODE (a) Delete Appendix D, G, and L. 'b` Adopt Appendix A, B, I and K. fc Replace administrative chapter with Building Code administrative chapter as amended. (d) Section 8-6.102. Minor text modification private sewage disposal system to clear ambiguity. SEC -1 ION 8-107.101 MODIFICATIONS TO THE MECHANICAL CODE (a) Adopt Appendix A, B, C and D. " -)N F_-8.101 MODIFICATIONS TO THE GREEN BUILDING CODE (a) Delete Appendix A4 and A5. 8-g.1.1 MODIFICATIONS TO THE PROPERTY MAINTENANCE CODE (a) Ad©pt URM Appendix Chapter Al to provide seismic strengthening provisions. 9z. Attachment 2: Title 4 modification commentary DISCUSSION OF AMENDMENTS PROPOSED TITLE 4 AMENDMENTS OF THE ATASCADERO MUNICIPAL CODE SECTION 4-7.102 ADOPTION OF CODES The 2010 edition of the California Fire Code, including appendices. The 2009 International Wildland Interface Code is also adopted in this section. SECTION 4-7.103 MODIFICATIONS TO CHAPTER I (b) Delete Appendix Chapter A. SECTION 4-7.103 MODIFICATIONS TO THE FIRE CODE The administrative chapter in the California Fire Code was moved from Appendix Chapter 1 to Chapter I Division 11. This section is modified to reference the proper new code sections. (n) Delete Appendix Chapter A. (o) Adopt Appendix D without Table D 103.4 and Figure D 103.1. Fire Department has existing adopted standards. (p) Section 101.1. Designates Fire Code of Atascadero. (q) Section 105.1.4. Modified to referenced new code section. (r) Section 108.1. Modified to referenced new code section. (s) Section 311.2.2. No change. (t) Section 503.1.1. No change. (u) Section 505.1. Address number clarification. (v) Section 507.2. Modified to referenced new code section. (w) Section 6092.1. Delete Hood Servicing. This section is now covered in code text. (x) Section 901.7. No change. (y) Section 903.2 through 903.2.18. Section 903.2 through 903.2.18. Replaces "where required" section in Fire Code with existing locally adopted code language to be 95 consistent with Building Code. Exceptions have been modified to limit requirements for specified minor additions. (z) Section 903.2.1. Provides a hazard risk table based for change of occupancy. (aa) Remaining sections are modified to reference new code sections and to delete redundant code text. SuCTTON 4-7.1.4 MODIFICATIONS TO THE WILDLAND INTERFACE CODE (a) Delete Chapter 5. Wildland Interface Ignition Resistant Construction requirements are contained in Chapter 7A of the Building Code. (b) Delete Appendix C, E and G. Attachment 3: Draft Ordinance A ORDINANCE A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA REPEALING TITLE 8 (BUILDING REGULATIONS) AND CHAPTER 7 OF TITLE 4 (FIRE CODE), AND AMENDING TITLE 8 AND CHAPTER 7 OF TITLE 4 OF THE MUNICIPAL CODE TO ADOPT AND AMEND THE LATEST EDITIONS OF THE CONSTRUCTION AND FIRE CODES, AND ADOPT FINDINGS OF FACTS TO SUPPORT THE IMPOSITION OF REQUIREMENTS GREATER THAN THE REQUIREMENTS ESTABLISHED BY OR PURSUANT TO THE CALIFORNIA BUILDING STANDARDS CODE (City of Ataseadero) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from the City of Atascadero (6907 El Camino Real, Atascadero, CA 93422), to consider a project consisting of Amendments to Title 8, and Title 4 of the Atascadero Municipal Code to be consistent with the California Building Standards Code; and, WHEREAS, it is the desire and intent of the City Council of the Atascadero to provide citizens with the greatest degree of fire, life and structural safety in buildings in the most cost effective manner by adopting that body of regulations referred to as the California Building Standards Code with amendments specific to the City of Atascadero; and WHEREAS, the California Health and Safety Code, Section 17958.5 and Section 18941.5, require the City Council, before making any modifications or changes to the California Building 97 Standards Code pursuant to Health and Safety Code Sections 18941.5 and 17958.5, to make an express fi,iding that each such modification or change is needed; and, WHEREAS, the California Health and Safety Code Section 17958.7 requires that such ;$�,anges must be determined to be reasonably necessary because of local climatic, geological, or topographical conditions; and, WHEREAS, such findings must be made available as a public record and a copy thereof with each such modification or change shall be filed with the State of California Building Standards Commission; and, WHEREAS, the proposed text amendments are exempt per section 15061(b)(3) in accordance with the California Environmental Quality Act (CEQA); and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on November 23, 2011, studied and considered the proposed municipal code text amendments and changes; and, WHEREAS, the Council of the City of Atascadero affirms the findings justifying previous changes and modifications to the adopted construction and fire codes previously adopted; and, WHEREAS, the City Council hereby determines that Sections 701A.3.2, 903.2, 1011.1.1- 1011.1.3, 1505.1, 1506.3.1 and 1802.2, and Appendix Sections J101.3, J101.4, J103.2, J108.1 and J110.2 of the 2010 California Building Code, Sections 710.1, 713.5, 717.0, 719.1 and Appendix Sections Kl(A) of the 2010 California Plumbing Code, Article 230-70(A)(1) of the 2010 California Electrical Code, and Sections 311.2, 503.1, 505.1, 508.2.2, 603.4, 609.2, 903.2, 904.11.4.2, 904.11.6.4, 1011.1.1-1011.1.3, 1411.4, and 1415.1 of the 2010 California Fire Code are required to be modified due to the findings contained herein to greater requirements than those set forth in the California State Building Standards; and, WHEREAS, the City Council finds that each of the changes or modifications to measures referred to therein are reasonably necessary because of local climatic, geological, or topographical conditions in the area encompassed by the boundaries of the City of Atascadero, and the City Council further finds that the following findings support the local necessity for the changes or modifications: That the City of Atascadero is situated at the base of a watershed of the Santa Lucia Mountains and that flooding of Atascadero Creek, Graves Creek, and Salinas River results in conditions rendering fire department vehicular traffic unduly burdensome or impossible as witnessed in major floods that occurred in 1952, 1961, 1969, 1973, 1978, 1982, and 1995. Furthermore, flood conditions described above create the potential for overcoming the ability of the fire department to aid or assist in fire control, evacuations, rescues and other emergency task demands inherent in such situations. The resulting overburdening of fire department personnel may cause a substantial or total lack of protection against fire for the buildings and structures located in the City of Atascadero. The afore -described conditions support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code and, in particular, support the imposition of greater requirements than set forth in Sections 701A.3.2, 903.2, 1011.1.1-1011.1.3, 1505. 1, and 1506.3.1 of the 2010 California Building Code, Article 230-70 of the 2010 California Electrical Code, and Sections 311.2, 503.1, 505.1, 508.2.2, 603.4, 609.2, 903.2, 904.11.4.2, 904.1.1.6.4„ 1011.1.1-1011.1.3, 1411.4, and 1415.1 of the 2010 California Fire Code. 2. That the City of Atascadero is situated near three major faults each capable of generating earthquakes with a magnitude of 7.5. These are the San Andreas to the east of the City, the Nacimiento-Rinconada that crosses Hwy 101 north of the City then parallels the City to the east, and the Hosgri to the South West. Other faults of importance are the Huasna and West Huasna to the Southeast of the City, the San Simeon to the Northwest. In as much as these faults are included as major California earthquake faults, which are subject to becoming active at any time, the City Atascadero is particularly vulnerable to devastation should such an earthquake occur. The potential effects include isolating the City of Atascadero from the North and South due to the potential for collapsing of freeway overpasses or a slide on both the Cuesta and Ontario Grades and the potential for horizontal or vertical movement of the Edna fault rendering surface travel across the southern extremities of the city unduly burdensome or impossible. Additional potential situations inherent in such an occurrence include broken natural-gas mains causing structure and other fires, leakage of hazardous materials, the need for rescues from collapsed structures, and the rendering of first aid and other medical attention to large numbers of people. The protection of human life and the preservation of property in the event of such an occurrence support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code and in particular support the imposition of greater requirements than set forth in Sections 701A.3.2, 903.2, 1011.1.1-1011.1.3, 1505.1, and 1506.3.1 of the 2010 California Building Code, Article 230-70 of the 2010 California Electrical Code, and Sections 311 2, 503.1, 505.1, 508.2.2, 603.4, 609.2, 903.2, 904.11.4.2, 904.11.6.4„ 1011.1.1-1011.1.3, 1411.4, and 1415.1 of the 2010 California Fire Code. That the central commercial area in the City of Atascadero consists of mixed conditions that create the potential for possible conflagration, including congested streets during the business day, numerous older buildings without adequate internal fire -resistance, and contemporary low-rise buildings. Significant spread of fire in said area will actually exceed the fire suppression capabilities of regional firefighting personnel. The continued development of the Atascadero commercial area and the current and potential development of high-rise buildings pose a substantial threat of fire to human life, public safety, and the preservation of property and support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code, and in particular, support the imposition of greater requirements than set forth in Sections 701A.3.2, 903.2, 1011.1.1-1011.1.3, 1505.1, and 1506.3.1 of the 2010 California Building Code, Article 230-70 of the 2010 California Electrical Code, and Sections 311.2, 503.1, 505.1, 508.2.2, 603.4, 609.2, 903.2, 904.11.4.2, 904.11.6.4„ 1011.1.1-1011.1.3, 1411.4, and 1415.1 of the 2010 California Fire Code. 4. That the City of Atascadero is bisected by a major freeway (Hwy 101), traversing in the north/south direction and a major highway (Hwy 41) traversing in an east/west direction. The City is also transected by a mainline railroad that traverses in the north/south direction. It is a frequent occurrence for the aforementioned highways and railway to support the transportation of hazardous materials. The potential for release or threatened release of a hazardous material along one of these routes is highly probable given the volume transported daily. Incidents of this nature will normally require all available emergency response personnel to prevent injury and loss of life, and to prevent as far as practicable, property losses. Emergency personnel responding to said incidents may be unduly impeded and delayed in accomplishing an emergency response as a result of this situation, with the potential result of undue and unnecessary risk to the protection of life and public safety, particularly in those buildings or structures without the protection of automatic fire sprinklers. The above-described problems support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code, and in particular support the imposition of greater requirements than set forth in Sections 701A.3.2, 903.2, 1011.1.1- 1011.1.3, 1505.1, and 1506.3.1 of the 2010 California Building Code, Article 230-70 of the 2010 California Electrical Code, and Sections 311.2, 503.1, 505.1, 508.2.2, 603.4, 609.2, 903.2, 904.11.4.2, 904.11.6.4, 1011.1.1-1011.1.3, 1411.4, and 1415.1 of the 2010 California Fire Code. That seasonal climatic conditions during the late summer and fall create numerous serious difficulties in the control and protection against fire situations in the City of Atascadero. The hot, dry weather in combination with Santa Ana winds frequently results in wildland fires in the brush -covered slopes on the Santa Lucia Mountains and several areas surrounding. The aforementioned areas completely surround the City. When a fire occurs in said areas, such as occurred in 1994, the Highway 41 fire burned for several days and entered the City, the entirety of local fire department personnel is required to control, monitor, fight and protect against such fire situations in an effort to protect life and preserve property and watershed land. The same climatic conditions may result in the concurrent occurrence of one or more fires in the more populated areas of the City without adequate fire department personnel to protect against and control such a situation. Therefore, the above-described findings support the imposition of fire -protection requirements greater than those set forth in the California ,State Building Standards Code, and in particular support the imposition of greater requirements than set forth in Sections 701A.3.2, 903.2, 1011.1.1-1011.1.3, 1505.1, and 1506.3.1 of the 2010 California Building Code, Article 230-70 of the 2010 California Electrical Code, and Sections 311.2, 503.1, 505.1, 508.2.2, 603.4, 609.2, 903.2, 904.11.4.2, 904.11.6.4„ 1011.1.1-1011.1.3, 1411.4, and 1415.1 of the 2010 California Fire Code. That for the most part, the soils in the City of Atascadero are medium to highly expansive in nature, and such soils may cause damage to foundations, structures and underground utilities if not properly mitigated through known construction techniques. Furthermore, a significant part of the City lies on hills and rolling topography subject to earth slides and movements and present problems to developments constructed in such areas due to surface water drainage and disposal. The above-described conditions support the imposition of requirements greater than those set forth in the California State Building Standards Code and, in particular, support the imposition of greater requirements than those set forth in Sections 1802.2, and Appendix Sections J101.3, J101.4, J103.2, J108.1 and J110.2 of the 2010 California Building Code, 100 Sections 710.1, 713.5, 717.0, 719.1 and Appendix Section KI(A) of the 2010 California Plumbing Code; and, WHEREAS, the City Council has determined that the provisions of the State Building Standards Code are shall be modified, changed and amended, as provided for in this ordinance, based upon the foregoing findings and that said Council takes said action because of the public interest in protecting life and preserving public safety and property; and, WHEREAS, the Building Official is hereby authorized and directed to transmit a copy of this ordinance to the California Building Standards Commission as required by California Health and Safety Code Section 17958.7. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. All Chapters of Title 8 of the City of Atascadero Municipal Code are hereby repealed and replaced by new Title 8 as follows. TITLE 8 Chapter 1 ADMINISTRATIVE Title 8 Atascadero Municipal Code with Track Changes Chapter 1 ADMINISTRATIVE 8-1.101 Title. 101 T' i, --title shall be known as the City of Atascadero Building Construction Code, Title 8 of the ;adero Municipal Code. (Ord. 520 § 1 (part), 2007) L :. -.:-.,n2 Adoption of Codes. 8 -2n (410) documents, three (3) each of which are on file in City offices, identified by the Seal f _': c. City of Atascadero, marked and designated as: 1. *"�T2010 Edition of the California Building Code (Volumes 1 and 2) published by the International Code Council -2010 Edition of the California Residential Code published by the International Code Council 3. the 2007 2010 Edition of the California Electrical Code published by the National Fire Protection Association -b- 20072010 Editions of the California Mechanical Code published by the International Association of Plumbing and Mechanical Officials 5. and the 2010 California Plumbing Code published by the International Association of Plumbing and Mechanical Officials S. -2010 Edition of the California Green Building Code 7. the ?0T2010 Edition of California Energy Code 8. , the 2007 2010 Edition of the California Historical Building Code i. -x0007 2010 Edition of the California Existing Building Code 10. , a *' �2009 Edition of International Property Maintenance Code published by the International Code Council -are hereby adopted, including chapters and sections not adopted by agencies of the State of alifornia, and including appendices thereto, as the Building Construction Regulations of the City of Atascadero. The provisions of such are hereby referred to, adopted, and made a part hereof as if fully set out in this chapter except as modified hereinafter. (Ord. 520 § 1 (part), 2007) 8-1.103 Building Official designated. ="he Building Official is hereby designated as the Building Official and Code Official for the 'ity of Atascadero. Where the "authority having jurisdiction" is used in the adopted codes, it i -!I I mean the building official. (Ord. 520 § 1 (part), 2007) Chapter 2 ORGANIZATION AND ENFORCEMENT 8-2.101 Administration of adopted Codes. The administration and enforcement of this title shall be in accordance with Chapter 1, Division I Af-,pende, h of the California Building Code as adopted in Chapter 1 of this title and _mien6ed in this chapter. (Ord. 520 § 1 (part), 2007) k02 5-2.102 Modification of Appendix Chapter 1, Division II. (a) Amend Appendix Section 103.1 to read as follows: 103.1 Creation of enforcement agency. The Building Services Division is hereby created and the official in charge thereof shall be known as the building official. (b) Amend Appe.,dix Section 105.1 and add AppeSection 105.1.3 to read as follows: 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or cause any such work to be done, shall first make application to the building official and obtain the required permit. Grading and/or waste disposal system permits for residential sites shall not be issued separately from the building permit for the residence without specific approval of the building official and Community Development Director. 105.1.3 Cargo containers and railroad cars. Railroad cars, cabooses, shipping containers, mobile homes without HUD certification label, and similar assemblies shall not be moved into or relocated within the City limits for habitation, storage or any structural purpose without approval of the building official. Said structures do not qualify as conventional construction, and therefore compliance with all applicable codes shall be substantiated by pr-epaf:edy-a California licensed architect or engineer. (c) Add Section 105.2.4 to read as follows: 1 One story detached accessory structures used as tool and storage sheds. playhouses and similar uses exempt from a building permit under Section 105.2 may not exceed 16 ft in total height. 2. In residential one and two family dwellings. decks not exceeding 200 sq ft (18.58m2) in area. that are not more than 30 inches (762mm) above Lradc at any point, that are not attached to a Structure and do not serve the exit door required by Section 1011.4. (d) Amend Apperidix Section 105.3.2 to read as follows: 105.3.2 Time limitation of application. 1. Expiration of Plan Review. Applications for which no permit is issued within 180 days following date of notification of approval/ready for issuance by the Building Division, or applications within 180 days following date of notification of permit corrections to be picked up or returned, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. 103 In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. No extension is allowed except by written appeal to the Building —ficial. The Building Official is authorized to grant one extension of time for an additional nod not exceeding 180 days. No application shall be extended more than once. 2. Fee refund. Application fees and permit fees are assessed to cover the cost of providing )ermit issuance services and therefore are not refundable once service has been obtained. A full refund (100%) can only be given when a cancelled application was submitted and/or reviewed due to staff error. Refunds for cancelled applications will not include submittal fees, document imaging fees, and plan review fees (once a plan review has been completed). Refunds must be requested in writing and within one (1) year of application submittal date. Refunds for cancelled hermits will include up to 80% of the permit fee, provided no work has commenced and the request for refund is within one (1) year from permit issuance. Refunds must be requested in writing and within one (1) year of permit issuance. Refunds will not be processed for applications and/or permits that have been suspended or revoked, or that have expired due to _imitation. Dormant building permit application one -time -only blanket extension. In addition to the ime extension allowed in section 105.3.2.1., any building permit application for new single- family -residence, new multi -family -residence, new commercial or industrial building, or a commercial or industrial addition, submitted to the City of Atascadero on or before September 9, x'008, may opt into a one -time -only application extension. In order to be considered for this )rogram, all outstanding plan check fees must be paid in full on or before February 28, 2009, and r).ny subsequent building permit regulated by this program must be paid for in full and issued on or before June 30, 2010. Any building permit application or subsequent building permit regulated by this program that does not meet all timeframes indicated in this section will be ancelled and become null and void, and any subsequent work will require a new permit application, new plans, and new plan check and permit fees. (d) Amend Appendix Section 105.5 to read as follows: '_05.5 Expiration of permit. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of issuance of such permit, or if building or work authorized by such permit is suspended or abandoned for a period of 180 ays at any time after the work is commenced. Failure to request and receive a recorded inspection by the building official within the 180 -day period constitutes a condition of pension or abandonment. Before work can be recommenced after expiration of a permit, a new permit shall be obtained to do so, and the fee therefore shall be one half the amount required for a new permit for such work, wided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full 1 -;,=it fee. 10Z, Any pennittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. (e) Amend Appendix Section 22-113 to read as follows: SECTION 44-2113 BOARD OF APPEALS 1-13113.1 Appeals Bo General. The Board of Building Appeals shall be as described in Section 2-12.01 of the Atascadero Municipal Code. 412113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form or construction is proposed. The board shall have no authority to waive requirements of this code. For appeals relating to accommodations for the disabled, the authority of the board shall include the ability authorize reasonable alternatives to disabled access requirements imposed by the California Building Standards Code. (f) Add,kppendiH Sections 113.2114.��. and 11-3. l 14.64 to read as follows: 114.5 Notice of noncompliance. When determined by the building official that work has been done without required permits, or has not been completed in accordance with the requirements of this code, the State Housing Laws, or any other adopted code, the building official may cause a Notice of Noncompliance to be recorded with the County Recorder and shall notify the owner of the property of such action. The Notice of Noncompliance shall describe the property, shall set forth the non -complying conditions, and shall state that the owner of such property has been duly notified. The building official shall record a notice of release of the Notice of Noncompliance with the County Recorder when it has been determined by the building official that the non -complying conditions have been corrected. 113.3.1114.6 Liability for costs of enforcement. Any person who maintains any premises in violation of any provision of this code, the State Housing Law, or any other adopted code shall be liable for and obligated to pay to the City of Atascadero all costs incurred by the City of Atascadero in obtaining abatement or compliance that is attributable to or associated with the enforcement or abatement action, whether the action is administrative, injunctive, or legal, and for all damages suffered by the City of Atascadero, its agents, officers, and employees as a result of such violation or efforts to abate the. violation. 105 rr the owner of the property involved in such abatement or compliance action fails to pay for the �f such abatement or compliance action upon demand by the City of Atascadero, the City by resolution may order the cost of the abatement to be specially assessed against the pal -cel. Such assessment shall be collected at the same time and in the same manner as ordinary �A t dtaxes are collected and shall be subject to the same penalties and the same procedure and sa'- �n case of the delinquency as are provided for ordinary City taxes. (g) Amend Appendix Section 44-5116.1 of to read as follows: 16.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, �r= 'mitary or deficient because of inadequate means of egress facilities, inadequate light and tilation, or which constitute a fire hazard, or are otherwise dangerous to human life or public 7acl i are, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, V building official deems necessary and as provided for in this section and the 2886 2009 od pion of the International Property Maintenance Code, as adopted. A vacant structure that is not secured against entry shall be deemed unsafe. (h) Add Section 44-6-117 to read as follows: SECTION 446117 CONSTRUCTION SITE si117.1 Temporary toilet facilities required. No person shall initiate or proceed with istruction, erection, alteration, repair, or razing a project without first having provided an z -equate number of suitable sanitary job toilet facilities for the use of workers on the project in a ration of 1 toilet per 30 workers. Toilets must be within two hundred (200) feet of each work area within the project site. �,Urd. 533 §§ 1, 2, 2008; Ord. 520 § 1 (part), 2007) t; --101 Administration of adopted Codes. fhe administration and enforcement of this title shall be in accordance with AppeChapter 1, Division 11 of the California Building Code as adopted in Chapter 1 of this title and amended in this chapter. (Ord. 520 § 1 (part), 2007) Chapter 3 BUILDING CODE ':.101 Modifications of the California Building Code. (a) Appendix A, B, C. D, ai+4-E. F-. G. Hand K. Adopt Appendix I and J. (b) Amend Section 701A.1 to read as follows: building,701A.1 Seope. This ehapter- applies to t b b Within a Wildl ,a 14 -ban r r g Ai -ea as a clef4ned ifi e ti , 702 n This chapter applies to building materials systems and/or assemblies used in the exterior design of construction of new buildings and additions to existin-, buildings whose first application for construction permit was submitted after October 4, 2004, and located in a High or Very High Fire Severity Zone as described on the approved City of Atascadero Fire Severity Zone map on file in the office of the Fire Chief of the City of Atascadero. (c) Amend 701A.2 to read as follows: 701A.2 Puruose. The purpose of this chapter is to establish minimum standards for the protection of life and property by increasing= the ability of a building located in a High or Very High Fire Severity Zone within the City of Atascadero to resist the intrusion of flames or burnIM-1 embers projected by a ve,etation fire and contributes to a systematic reduction in conflagration losses. (d) Amend Section 701A.3.2 to read as follows: 701A.3 -.2 -Application. -New buildings. or additions or alterations to buildings whose first application for construction permit was submitted after October 4. 2004, located in -fire �a High or Very, High Fire severity zone. N buildings a dditi tE) ems +. buildings b the enfereifi- b a b building, a4ia Fy 1, 2009, shall comply with all sections of this chapter. as amended.and the Pr-Ovisions ^f thp I4qt,.q4 tiona! WilElland UFban inter -face Code adopted and amended in Sections 8 7.102 and Q 7.104 f the Ataseadefe M ieipal Code. -Exceptions: 1. 1. Detached trellises patio covers gazebos and similar structures. 450 sq ft or less, with open trellis roof or Class A roofin<7 when open on all sides and located at least 10 feet from adjacent buildings. 2 Accessory structures not exceeding 120 square feet in floor area and exempt from a bUilding permit per Section 105.2. as amended. 32. Agricultural buildings where located at least 50 feet from buildings containing habitable spaces on the same lot and 50 feet from an adjacent property line. 107 4-3—Additions or modifications to existing building whose first application for construction permit was submitted prior to October 5. 2004. Additions to existing "„.'robs whefe Y? b and the e�iter-iof Eletails of the addition wili mateh the b , (f) Amend 704A.1 as follows: 704A.1 General. The materials prescribed herein for ignition resistance shall conform to the recILIirernents of this chapter. Wood shake or wood shingle roofing products shall not be installed on any exterior part of any building. (�) Delete Sections 903.2 through 903.2.18. Add new ,Sections 903.2 and 90-,.2.1 through 903.2.18 to read as follows: 903.2 Where required. An approved automatic fire sprinkler system shall be installed: 1. Throughout all new buildings. Fxceptions: containing Groups 13 and M occux 500 sauare feet (46.45 m`) and loc adjacent buildings on the same property and not less than 5 feet from adjacent property lines. 2. Buildings containing Group U occupancies where floor area is less than 1000 square feet (92.9 m2) and located not less than 10 feet from adjacent buildings on the same property and not less than 5 feet from adjacent property lines, unless part of a mixed -occupancy building containing a Group R. Division 3occupancv. ut an existing building other- than a Groun R. Division 3 occumncv or a U occupancy when accessory to a Group R. Division 3 occupancy whenever additions exceed ten (10) percent of the total floor area of the existing building and the total combined floor area wi11 exceed 2.000 square feet 085.8 m2), or a second storms greater is added. or the occupancy is changed to a more hazardous use. 3. Throughout an existing Group R, Division 3 occupancy or Group U occupancy when accessory to a Group R. f)ivision 3 occupancy whenever additions exceed ten (10) percent of the total floor area of the existing building and the total combined floor area will exceed 5.000 square feet (185.8 m`). Exceptions: 1. Group R. Division 3 occupancies where the total combined floor area will not exceed 3.000 square feet (278.7 m`). 1JE 2. Group B and M occupancies whenever single or multiple additions will not exceed 1.000 square feet (92.9 m2) beyond the size of the structure on the effective date of this regulation or the total combined floor area will not exceed 5,000 square feet (464.5 m2), and a second story or greater is not added and the occupancy is not changed to a more hazardous use. 4. 'When occupancy change increases fire risk or hazard (h) Add section 903,2.1 Fire Sprinkler Hazard Categuories to read as follows: 903 1 Fire Sprinkler Hazard Categories. Hazard categories in regard to fire sprinkler system requirements shall be in accordance with Table 903.2.1. Table 903.2.1 Fire Sprinkler Svstem Relative Hazard Fire Sprinkler System Relative Hazard Categories Relative Hazard Occupancy Classifications 1 (highest hazard} H 2 A F-1, R-1, R-2, R-3.1, R-4, 1 3 F-2, R-3, E 4 1 B. M. S-2, U 5 In additions to existing buildings equipped with an automatic fire sprinkler system. For the purpose of requiring the automatic fire sprinkler systems specified in this chapter, the. floor area within the surrounding exterior walls shall be considered as one building. An automatic fire sprinkler system need not be installed in spaces or areas in telecommunications buildings used exclusively for telecommunications equipment. associated electrical power distribution equipment batteries and standby engines provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by fire barriers consisting of not less than 1 -hour fire -resistance -rated walls and 2 -hour fir -resistance -rated floor/ceiling assemblies. 903.2 Where Fequ.a A ( .r. atiE F;, SffilikleFS�'SteFn Shall he iflStallo l• 1 Th h r all „ builds - 109 eontaininb Pivision eeeupaney- ` b - Mid the tatal eembifiecl b mrzag t Q�" 2 eontaininb Pivision eeeupaney- ` b - Mid the tatal eembifiecl b fIE)E)f- area A,ill e�jeeeEj 2,000 square feet t Q�" 2 , hazardous M.." FINE . ........... . . ............ 'MW w eontaininb Pivision eeeupaney- ` b - Mid the tatal eembifiecl b fIE)E)f- area A,ill e�jeeeEj 2,000 square feet t Q�" 2 , hazardous b iS OF the a ...V, My IWOM 903.2.1 through 903.2.40:318 not used. Text continues with Section 903.2-.443. ... . ........... . . ............ 9 �. MCMI. a�. TEVITI". Mom IS 903.2.1 through 903.2.40:318 not used. Text continues with Section 903.2-.443. ... . ........... . . ............ �. a�. IS i _ IMME M2 IV M -MM M -0-9- f OMMEW �ODi Amend Section 1505.1 to read as follows: 1505.1 General. Roof assemblies shall be divided into the classes as defined below. Class A, B and C roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790. In addition, fire -retardant -treated wood roof coverings shall be tested in accordance with ASTM D 2898. The minimum roof coverings installed on new and existing buildings shall be a Class A assembly_. Exception: Skylights and sloped glazing that comply with Chapter 24 or Section 2610. {b}_(jj Add Section 1506.3.1 to read as follows: 1506.3.1 Wood shake and shingle roof coo ^b limitations. Wood shake or wood shingle roofing, products shall not be installed on any exterior part of any building. Exceptions: 1. Roof coverings on additions to existing wood shingle or wood shake roofs not greater than 25 percent of the existing roof area may be a fire -retardant -treated wood shingles or shakes to match existing. 2. Repairs to existing wood roof coverings not exceeding 25 percent of existing roof area per calendar year may be fire -retardant -treated wood shingles or shakes to match existing. 0+4�1 Amend Section 1802.2 to read as follows: 1802.2 Where required. The owner or applicant shall submit foundation and soils investigation report to the building official where required in Sections 1802.2.1 through 1802.2.7. Exceptions: 1. The building official need not require a foundation or -and soils investigation report where satisfactory data from adjacent areas is available that demonstrates an investigation is not necessary for any of the conditions in Sections 1802.2.1 through 1802.6. 2. The b ldibffia ., r ff' 1 el, F fetin action wid rads faf additions to (_ -etip R, Divisiefis 1 and 3 aeeupaneies of less than 1000 squar-e feet of Poor- area aiid Eletaehed aeeessef� str-tietufes with less than 1000 of fleei: afea, pr-ovided an e?ipansive ifide�i 4,eS*L fS f)f6N'!E1eE1. bi lieid of the f:equir-ements of 91 i 3 -0 b an expansive iflElex - test, design meeting High weighted o n teats Fa , t -be e The building official may not require a foundation and soils investi,ation report for one-story, wood -frame and light -steel -frame additions to Group R Division 1 and 3 occupancies of 1,000 square feet of floor area or less. or new one-story, wood -frame and light -steel -frame detached accessory structures 1.000 square feet of floor area or 111 lei - or one-story, wood -frame and 'I ght-steel -frame additions to detached accessory structures ? <<" 9 square feet of floor area or less when a licensed architect or engineer provides -a foundation �gn and a site observation report with a statement of site suitability. 04LU Add Sections 34063408.1.1 through 34063408.1.4.3 to read as follows: 3"3408.1.1 Change of occupancy classification based on hazard category. The relative degree of hazard between different occupancy classifications shall be determined in accordance with the category specified in Tables 34063408.1.1, 34063408.1.2 and 34863408.1.3. Such determination shall be the basis for the application of Sections 34063408.1.2 through 34063408.1.4.3. 34063408.1.2 Means of egress, general. Hazard categories in regard to life safety and means of egress shall be in accordance with Table 34063408.1.2. Table 34063408.1.2 Means of Egress Hazard Categories Relative Hazard Occupancy Classifications 1 (Highest Hazard) H 2 I-2, I-3, I-4 3 A, E, I-1, M, R-1, R-2, R-4 4 B, F-1, R-3, S-1 5 (Lowest Hazard) F-2, S-2, U X3408.1.2.1 Means of egress for change to higher hazard category. When a change of occupancy classification is made to a higher hazard category (lower number) as shown in Table 3406.1.2, the means of egress shall comply with the requirements of Chapter 10 of the California Building Code. 34063408.1.2.2 Means of egress for change of use to equal or lower hazard category. When a change of occupancy is made to an equal or lesser hazard category (higher number) as shown in Table 3406.1.2, existing elements of the means of egress shall not be reduced below the level wstablished by the code under which the building was constructed for the new occupancy ciassification. Newly constructed or configured means of egress shall comply with the requirements of Chapter 10 of the California Building Code. Exception: Any stairway replacing an existing stairway within a space where the pitch or slope cannot be reduced because of existing construction shall not be required to comply with the maximum riser height and minimum tread depth requirements. 112 34863408.1.3 Heights and areas. Hazard categories in regard to height and area shall be in accordance with Table 34863408.1.3. Table 34863408.1.3 Heights and Areas Hazard Categories Relative Hazard Occupancy Classifications 1 (Highest Hazard) H 2 A-1, A-2, A-3, A-4, I, R-1, R-2, R-4 3 E, F-1, S-1. M 4 (Lowest Hazard) B, F-2, S-2, A-5, R-3, U 34863408.1.3.1 Height and area change to higher hazard category. When a change of occupancy is made to a higher category as shown in Table 34843408.1.3, heights and areas of buildings and structures shall comply with the requirements of Chapter 5 of the California Building Code for the new occupancy classification. 34863408.1.3.2 Height and area change to equal or lesser category. When a change of occupancy classification is made to an equal or lesser hazard category as shown in Table 34863408.1.3, the height and area of the existing building shall be deemed acceptable. 34863408.1.3.3 Fire barriers. When a change of occupancy classification is made to a higher hazard category as shown in Table 34863408.1.3, fire barriers in separated mixed-use buildings shall comply with the fire resistance requirements of the California Building Code. Exception: Where the fire barriers are required to have a 1 -hour fire -resistance rating, existing wood lath and plaster in good condition or existing 1/2 -inch -thick (12.7 mm) gypsum wallboard shall be permitted. 34863408.1.4 Exterior wall fire -resistance ratings. Hazard categories in regard to fire - resistance ratings of exterior walls shall be in accordance with Table 34863408.1.4. Table 34863408.1.4 Exposure of Exterior Walls Hazard Categories Relative Hazard Occupancy Classic►cation I(Highest Hazard) H 2 F-1, M, S-1 3 j A,B,E,I,R 4 (Lowest Hazard) F-2, S-2, U 113 ;#44)63408.1.4.1 Exterior wall rating for change of occupancy classification to a higher hazard category. When a change of occupancy classification is made to a higher hazard category as shown in Table 34063408.1.4, exterior walls shall have a fire -resistance and exterior opening protectives as required by the California Building Code. This provision shall not apply to walls at right angles to the property line. 'exception: A 2 -hour fire -resistance rating shall be allowed where the building does not exceed three stories in height and is classified as one of the following groups: A-2 and A-3 with an occupant load of less than 300, B, F, M, or S. 34063408.1.4.2 Exterior wall rating for change of occupancy classification to an equal or lesser hazard category. When a change of occupancy classification is made to an equal or lesser hazard category as shown in Table 34063408.1.4, existing exterior walls, including openings, shall be accepted. 34063408.1.4.3 Opening protectives. Openings in exterior walls shall be protected as required by the California Building Code. Where openings are required to be protected because of' distance from the property line, the sum of the area of such openings shall not exceed 50 percent of the total area of the wall in each story. Exceptions: 1. Where the California Building Code permits openings in excess of 50 percent. 2. Protected openings shall not be required in buildings of Group R occupancy that do not exceed three stories in height and that are located not less than 3 feet (914 mm) from the property line. 3. Where exterior opening protectives are required, an automatic sprinkler system throughout may be substituted for opening protection. 4. Exterior opening protectives are not required when the change of occupancy group is to an equal or lower hazard classification in accordance with Table 34063408.1.4. (1) amend Section 3109.4.4.2 as follows: Section 3109.4.4.2 Construction permit, safety features required. Commencing January 11 2007, except as required by Section 3109.4.4.5, whenever a building permit was issued for construction of a new swimming pool or spa or any bUilding permit issued for remodeling of an existing pool or spa, at a private. single-family home, it shall be equipped with at least one of the following seven drowning prevention safety features: Items 4 and 5 tna�, only be used in conjunction with an enclosure meeting the requirements of'Section 3119.4.4.3, that isolates the swinnnin„ pool, spa or hot tub from adjoining properry. "114 I The pool shall be isolated from access to a home by an enclosure that meets the requirements of Section 3109.4.4.3. 2. The pool shall incorporate removable mesh pool fencing that meets American Society for Testing -and Materials (ASTM) Specifications F2286 standards in conjunction with a Late that is self-closing and self -latching, and can accommodate a l:ey lockable device. The pool shall be equipped with an alpnroved safety pool cover that meets all requirements of the ASTM Specifications F 1346. 4 The residence shall be equipped with exit alarms on those doors providing direct access to the pool. 5. All doors providing direct access from the home to the swimming pool shall be equipped with a self-closing self -latching device with a release mechanism placed no lower than 54 inches above the floor. 6. Swimming pool alarms that when ]laced in pools will Sound upon detection of accidental or unauthorized entrance into the water. These pool alarms shall meet and be independently certified to the ASTM Standard F 2208 "Standards Specification for Pool Alarms" which includes surface motion, pressure, sonar laser and infrared type alarms. For purposes of this article. "swimming pool alarms" shall not include swimming protection alarm devices designed for individual use, such as an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water. 7 Other means of protection if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth in items 1- 4. and have been independently verified by an approved testing laboratory as meeting standards for those devices established by the ASTM or the American Society of Testing Mechanical Engineers (ASTM). O3tm Amend Appendix J101.1 to read as follows: J101.1 Scope. Grading, excavation, and earthwork construction, including fills and embankments, shall comply with the provisions of this chapter and Title 9, Sections 9-4.138 through 9-4.154 of the Atascadero Municipal Code. Where conflicts occur between the technical requirements of this chapter and the soils report, the soils report shall govern. Where conflicts occur between this chapter and Title 9 provisions, the most restrictive shall govern. �k'4(n) Add Appendix Section J101.3 to read as follows: J101.3 Special grading standards. All excavations and fills except for minor grading shall be conducted in accordance with the following special standards: 1. Area of cuts and fills. Cuts and fills shall be limited to the minimum amount necessary to provide stable embankments for required parking areas or street rights-of-way, structural foundations, and adequate yard areas. Consideration shall be given to revising the building design to minimize unnecessary grading. 115 2. Creation of building sites: slope limitations. Grading for the purpose of creating a a r( ' )r a building or structure shall be prohibited on slopes of 20 percent or greater except where authorized through precise plan approval. 3. Final contours. Contours, elevations and shapes of finished surfaces shall be blended -lith adjacent natural terrain to achieve a consistent grade and natural appearance. HOLO Add Appendix Section J101.4 to read as follows: J 101.4 Grading near watercourses such as creeks, streams and rivers (collectively referred to as "creeks"). Grading, dredging, or diking may not alter any intermittent or perennial stream or natural body of water shown on any USGS 7 1/2 minute map, except as permitted through approval of a grading and drainage plan, and appropriate permits from the California Department of Fish and Game and any other federal or State agency with jurisdiction over work near or in creeks. Watercourses are to be protected as follows: 1. Watercourses shall not be obstructed unless an alternate drainage facility is approved. 2. Fills placed within creeks shall have suitable protection against erosion during flooding. 3. Grading equipment shall not cross or disturb channels containing live streams without siltation control measures approved by the City Engineer in place. 4. Excavated materials shall not be deposited or stored in or alongside creeks where the materials can be washed away by high water or storm runoff. 04i4�p) Amend Appendix Section J103.2 to read as follows: ,P03.2 Exempted work. A grading permit shall not be required for the following: 1. Grading in an isolated, self-contained area, provided there is no danger to the public, that such grading will not adversely affect adjoining properties, and that such grading is approved by the City Engineer. 2. Excavation for construction of a structure permitted under this code. 3. Cemetery graves. 4. Refuse disposal sites controlled by other regulations. 5. Excavations for wells, or trenches for utilities. 6. Mining, quarrying, excavating, processing, or stockpiling of rock, sand, gravel, aggregate, or clay controlled by other regulations, provided such operations do not affect the ?ateral support of, or significantly increase stresses in, soil on adjoining properties. 116 7. Exploratory excavations performed under- the direction of a registered design professional. Any grading needed to gain access to exploratory excavation areas is not included in this exemption. 8. Excavation and/or fill not greater than 50 cubic yards (38.3 m3) that is not intended to support a structure does and will not obstruct a drainage course. Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. {ii4q� Add Appendix Sections J104.2.1 and J104.2.2 to read as follows: J104.2.1 Application content. To apply for a grading permit, the grading plan shall be submitted together with the additional information required by this section. Where grading requiring a permit is proposed in conjunction with a precise plan or conditional use permit request, those applications may be used to satisfy grading permit information requirements as long as all required information is submitted. Where a grading permit is required and the grading will move less than 500 cubic yards and is located on slopes less than 20 percent, the application for a grading permit shall include the following: 1. Contour Information. a. For sites with slopes of 10 percent or less, accurate contours of existinc, ground at one foot intervals and drainage channels, including areas of the subject site (and adjoining properties) that will be affected by the disturbance either directly or through drainage alterations. b. For sites with slopes greater than 10 percent and less than 30 percent, details of area drainage and accurate contours of existing ground at 2 -foot intervals; for slopes 30 percent or greater, contours at 5 -foot intervals. 2. Location of any buildings or structures existing or proposed on the site within 50 feet of the area that may be affected by the proposed grading operations. 3. Proposed use of the site necessitating grading. 4. Limiting dimensions, elevations or finished contours to be achieved by the grading, slopes of cut and fill areas and proposed drainage channels and related construction. 5. Drainage plan. The drainage plan shall include provisions to mitigate the impact of drainage on nearby creeks. swales and offsite properties or structures. The drainage plan shall comply with the requirements of any Council adopted City Engineering Standard Specifications and Drawings Low Impact Development. or I- Ivdromodifieation Control Standards. 117 6. Wher-erod by the build,'„baff eial, a -A soils engineering report, including date garding the nature, distribution and strength of existing soils, conclusions and commendations for grading procedures and criteria for corrective measures when necessary ;nd opinions and recommendations covering adequacy of sites to be developed by the proposed z --tiding. 7. Where required by the building official, an engineering geology report, including a description of site geology, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading. 8. Intended means of erosion and sedimentation control and site revegetation, including the location, species, container size and quantity of plant materials proposed, and the proposed time of planting. 9 W ro r-equir-ed by *l4o buflE ng a f-Ae4 , »Protective measures to be taken during construction, such as hydro -mulching, berms (temporary or permanent), interceptor ditches, subsurface drains, terraces, and/or sediment traps in order to prevent erosion of the cut faces of excavations or of the sloping surfaces of fills. 10. Where gradin-, area of disturbance exceeds one acre, a Stormwater Pollution Prevention Plan will be submitted. The Stormwater Pollution Prevention Plan shall be in compliance with the most recent General Construction Permit issued by the State Water Resources Control Board. Where the grading will move 500 cubic yards or more, is located on slopes of 20 percent or greater, or is located within a Geologic Hazard overlay zone or Flood Hazard overlay zone, the grading plan shall be prepared and certified by a registered civil engineer and shall include specifications covering construction and material requirements in addition to the information required above. The grading, plan shall also include: 1. If located in a Flood Hazard Area, the gradina plan shall include flood wav and flood zone boundaries and appropriate mitigations required by Municipal Code Title 7, Chapter 11 Flood Damage Prevention. 2. If located in a Geologic Hazard Overlay Zone, an engineering geology report, including, a description of site geology, conclusions and recommendations re�!ardin�,- the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading. 118 rJ (OAmend Appendix J108.1 to read as follows: J108.1 General. Cut and fill slopes shall be set back from the property lines in accordance with this section. Setback dimensions shall be measured perpendicular to the property line and shall be as shown in Figure J108.1, unless substantiating data is submitted justifying reduced setbacks. The building official may require an investigation and recommendation by a qualified engineer or engineering geologist to demonstrate that the intent of this section has been satisfied prior to approval of alternate setbacks. (- ,s Add Appendix Section J110.2 to read as follows: J110.2 Revegetation. Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements and that shall not be occupied by structures, such areas shall be replanted to prevent erosion after construction activities are completed as follows: 1. Preparation for revegetation. Topsoil removed from the surface in preparation for cyrading and construction shall be stored on or near the site and protected from erosion while grading operations are underway, provided that such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved. After completion of such grading, topsoil shall be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. 2. Methods of revegetation. Acceptable methods of revegetation include hydro - mulching, or the planting of rye grass, barley or other seed with equivalent germination rates. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscaping cover shall be sown at not less than four (4) pounds to each one thousand (1000) square feet of land area. Other revegetation methods offering equivalent protection may be approved by the building official. Plant materials shall be watered at intervals sufficient to assure survival and growth. Native plant materials are encouraged to reduce irrigation demands. 3. Off-site effects. Grading operations shall be conducted to prevent damaging effects of erosion, sediment production and dust on adjacent property, including public and private rights- of-way. (Ord. 520 § 1 (part), 2007) Chapter 4 RESIDENTIAL CODE 8-4.101 Modifications to the California Residential Code. 119 (OAmend Appendix J108.1 to read as follows: J108.1 General. Cut and fill slopes shall be set back from the property lines in accordance with this section. Setback dimensions shall be measured perpendicular to the property line and shall be as shown in Figure J108.1, unless substantiating data is submitted justifying reduced setbacks. The building official may require an investigation and recommendation by a qualified engineer or engineering geologist to demonstrate that the intent of this section has been satisfied prior to approval of alternate setbacks. (- ,s Add Appendix Section J110.2 to read as follows: J110.2 Revegetation. Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements and that shall not be occupied by structures, such areas shall be replanted to prevent erosion after construction activities are completed as follows: 1. Preparation for revegetation. Topsoil removed from the surface in preparation for cyrading and construction shall be stored on or near the site and protected from erosion while grading operations are underway, provided that such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved. After completion of such grading, topsoil shall be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. 2. Methods of revegetation. Acceptable methods of revegetation include hydro - mulching, or the planting of rye grass, barley or other seed with equivalent germination rates. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscaping cover shall be sown at not less than four (4) pounds to each one thousand (1000) square feet of land area. Other revegetation methods offering equivalent protection may be approved by the building official. Plant materials shall be watered at intervals sufficient to assure survival and growth. Native plant materials are encouraged to reduce irrigation demands. 3. Off-site effects. Grading operations shall be conducted to prevent damaging effects of erosion, sediment production and dust on adjacent property, including public and private rights- of-way. (Ord. 520 § 1 (part), 2007) Chapter 4 RESIDENTIAL CODE 8-4.101 Modifications to the California Residential Code. 119 (e) Delete Appendix A BCD E F G I J K L M N P, Q and R. Adopt Appendix H and 0. (f) Delete Chapter I, Division II Administration of the California Residential Code shall be as set forth in Chapter 1 Division II of the California Building Code, as amended. (g) Delete Section R313. Add new Section R313 to read as follows: Section R313 Required. Fire sprinkler systems shall be as set forth in Section 903.2 of the California Building Code, as amended. (h) Amend Section R401.1 to read as follows: Section R401.1. Required. The owner or applicant shall submit foundation and soils investigation report to the building official as set forth in the California Building Code, as amended. Chapter 4-5 ELECTRICAL CODE 8-45.101 Modifications of the California Electrical Code. (a) Administration of the California Eelectrical Ceode shall be as set forth in Appefidi�i.Chapter 1 Division II of the California Building Code, as amended. (b) Amend Article 230-70(A)(1) to read as follows: (1) Readily Accessible Location. The service disconnecting means shall be installed at a readily accessible location either outside the building or other structure, or inside nearest the point of entrance of the service conductors. The disconnecting means shall be accessible to emergency personnel, either directly or by a remote actuating device, without requiring transit of the building interior. Dedicated electrical equipment rooms located at the building perimeter and providing direct access to the outside shall satisfy accessibility for emergency personnel. (Ord. 520 § 1 (part), 2007) Chapter 5-6 PLUMBING CODE 8-36.101 Modifications of the California Plumbing Code. (a) Delete Appendix Chapters 1, Division II. , Administration of the plumbing code shall be as set forth in eChapter 1 Division II of the California Building Code, as amended. P. ai4d I= iii d _ (b) Delete Appendix D, G, and L. Adopt Appendix A, _B, I rind K - (k) Amend Section 710.1 to read as follows: 120 710.1 Drainage piping serving fixtures located at an elevation of less than one (1) foot above the nearest upstream manhole cover in the main sewer serving said fixtures shall drain by gravity into the main sewer, and shall be protected from backflow of sewage by installing an approved backwater valve. Each such backwater valve shall be installed only in that branch or section of the drainage system that receives the discharge from fixtures located less than one (1) foot above the nearest upstream manhole cover. (ed) Amend Section 713.5 to read as follows: 713.5 No permit shall be issued for the installation, alteration, or repair of any private sewage disposal system, or part thereof, on any lot where a public sewer is available at the property line or where the public sewer is within 200 feet of the proposed or existing building. (dc) Amend 717 to read as follows: 717.0 Size of building sewers. The minimum size of any building sewer shall be determined on the basis of the total number of fixture units drained by such sewer, in accordance with Table 7- 8. No sewer shall be smaller than the building drain. All building sewers shall be constructed with pipe of internal diameter not less than four (4) inches (100 mm), unless a pipe of internal diameter not less than three (3) inches is approved by the Authority Having Jurisdiction. (ef) Amend Section 719.1 to read as follows: 719.1 A cleanout shall be placed in every building sewer within five (5) feet of each building, at all changes in alignment or grade in excess of one hundred thirty five (135) degrees, within five (5) feet of the junction with the public sewer, and at intervals not to exceed one hundred (100) feet in straight runs. The cleanout shall be made by inserting a "Y" fitting in the line and fitting the cleanout in the "Y" branch in an approved manner. In the case of a cleanout near the junction of the public sewer, the "Y" branch riser shall be extended to a depth of not more than one (1) foot. All other cleanouts shall be extended to finish grade. (€g) Amend Appendix Section KI (A) to read as follows: (A) Where permitted by Section 713.0 the building sewer may be connected to a private sewage disposal system complying with the provisions of this appendix and Section 8-5.102 of the Atascadero Municipal Code. The type of system shall be determined on the basis of location, soil porosity, and groundwater level, and shall be designed to receive all sewage from the property. The system, except as otherwise approved, shall consist of a septic tank with effluent discharging into a subsurface disposal field, into one (1) or more seepage pits, or into a combination of subsurface disposal field and seepage pits. The Authority Having Jurisdiction may grant exceptions to the provisions of this appendix for permitted structures that have been destroyed due to fire or natural disaster and that cannot be reconstructed in compliance with these provisions. 121 Where conflicts occur between this appendix and provisions of Section 8-5.102 of the Municipal Code, the most restrictive shall govern. (Ord. 520 § 1 (part), 2007) 8-56.102 Private sewage disposal systems. The design, installation operation and maintenance of private sewage disposal systems shall be in conformance with Appendix K of the California Plumbing Code and with standards specified in this section. Where specific standards in this section and the Appendix K conflict, the most restrictive standard shall apply. Where specific standards are not provided within this section or where the Authority Having Jurisdiction determines that higher requirements are necessary to maintain a safe and sanitary condition, the "Water Quality Control Plan, Central Coast Basin" (adopted by the Central Coast Regional Water Quality Control Board or other recognized industry standards may be used as a guideline by the Authority Having Jurisdiction. (a) Percolation Test. An on-site investigation shall be made by a registered engineer competent in sanitary engineering in order to determine the suitability of a particular site for a private sewage disposal system and to provide the data necessary to design a private sewage disposal system. A percolation test shall be required prior to issuance of a permit for all new, replacement or enlarged private sewage disposal systems. Percolation tests shall be conducted within the soil that will be used for the leachfield. (b) Percolation Testing Procedure for Seepage Pits. The following percolation test procedure shall be used in performing percolation tests, except that other accepted test procedures may be used when approved by the Authority Having Jurisdiction: (1) The hole diameter shall be between six (6) and eight (8) inches. The test depth shall be equal to the depth of the proposed dry well, plus sufficient depth to prove proper setback to groundwater and impervious material as required by this chapter. (2) Carefully fill the hole with clear water to a maximum depth of four (4) feet below the surface of the ground, or if cuts are anticipated, to the depth of the assumed inlet. (3) All holes shall be pre-soaked for twenty-four (24) hours unless the site consists of sandy soils containing little or no clay. In sandy soils where the water on two (2) consecutive readings seeps away faster than one-half (1/2) the wetted depth in twenty-five (25) minutes or less, re -fill the hole with water, and pre-soak for an additional two (2) hours. After the two (2) hour pre-soak, the test may then be run. The time interval between measurements shall be taken at ten (10) minutes and the test run for one (1) hour. Re -fill to original depth after each reading. (4) For all other soils, the percolation rate measurement shall be made on the day following the twenty-four (24) hour pre-soaking. (5) Pre-soak the boring as described above. After twenty-four (24) hours have elapsed, re -fill the hole to the proposed inlet depth. The fall of water should be measured every 122 one-half (1/2) hour over a five (5) hour period. Re -fill the hole after each one-half (1/2) hour reading. During the last or the sixth hour, do not re -fill the hole after the one-half (1/2) hour reading. Be sure to check the total hole depth every one-half (1/2) hour as well to see if any caving has occurred. (6) Readings will be recorded and reported in min/inch. (c) Leachfield Percolation Test Procedure. The following percolation test procedure shall be used in performing percolation tests, except that other accepted test procedures may be used when approved by the Authority Having Jurisdiction: (1) Number and Location of Test Holes. A minimum of three (3) separate test holes spaced uniformly through and located in the immediate vicinity of the proposed leach field site are to be made. (2) Type of Test Holes. The test hole shall have horizontal dimensions between four (4) and twelve (12) inches and vertical sides to the depth of the absorption trench. (3) Preparation of Test Holes. Smeared soil surfaces shall be removed from the sides and bottom of the test hole to provide a natural soil interface. All loose material shall be removed from the test hole. Two (2) inches of coarse sand or fine gravel shall be added to the test hole to protect the bottom from scouring and sediment. (4) Soil Saturation and Swelling. The test hole is to be carefully filled to a depth of one (1) foot above the gravel or sand with clear water, which is to be kept in the hole for at least four (4) hours but preferably overnight. This step may be omitted in sandy soils containing little or no clay. (5) Measurement of Percolation Rate. The percolation rate shall be determined twenty-four (24) hours after water is first added to the test holes; except, in sandy soils containing little or no clay, the percolation rate shall be determined after the water from one (1) filling of the test hole has completely seeped away. (i) If water remains in the test hole after the overnight swelling period, adjust the depth to approximately six (6) inches over the gravel or sand and, from a fixed referenced point, measure the drop in water level over a thirty (30) minute period to calculate the percolation rate. (ii) If no water remains in the test hole after the overnight swelling period, add clear water to bring the depth of water in the test hole to approximately six (6) inches over the gravel or sand. From a fixed reference point, measure the drop in water level at approximately thirty (30) minute intervals over four (4) hours refilling six (6) inches over the gravel or sand as necessary. The drop that occurs during the final thirty (30) minute period is used to calculate the percolation rate. The drops during prior periods provide information for possible modification of the test procedure to suit local conditions. 123 (iii) In sandy soils or other soils in which the first six (6) inches of water seeps away less than thirty (30) minutes after the overnight swelling period, the time interval between .surements shall be taken as ten (10) minutes and the test shall run for one (1) hour with the ��-k_>p during the final ten (10) minutes being used to calculate the percolation rate. (6) Deep Boring. A soil boring, to a minimum depth of ten (10) feet below the bottom "fe absorption trench or pit, shall be made in order to determine the presence of impermeable bedrock and/or groundwater. (d) General Design Standards. The following standards shall be used in the design of view or enlarged private sewage disposal systems where the percolation rate does not exceed one �wvidred twenty (120) minutes per inch. (1) Determination of Size of Absorption Area. The absorption area, measured in ,itch] feet of absorption trench, shall be calculated as set forth in this section. Tables 4-1 (Absorption Area Requirements) and 4-2 (Standard Trench Adjustment Factors), included in this chapter, shall be referred to as necessary. The formula for calculating trench length is included Trench Length = A,, x Nb x Af T,,, Aa = Absorption area per bedroom Nb = Number of bedrooms Af = Trench adjustment factor T,,, = Trench width (2) Location of Private Sewage Disposal Systems. The minimum distance between components of a private sewage disposal system and other site features shall be as set forth in TaU(, 4-3 (Horizontal Distance Separation) and Table 4-4 (Vertical Distance Separation). Where physical limitations on a site preclude conformance with distance separation requirements, the Authority Having Jurisdiction may approve a lesser separation when the design is prepared by a �s �g st,;red engineer competent in sanitary engineering and when adequate substantiating data is abwrlitted with the design. The Authority Having Jurisdiction shall not approve a separation less than that set forth in the "Water Quality Control Plan—Central Coast Region" unless the Regional Water Quality Control Board or its designated representatives have previously approved the design. (3) Plastic Leach Chamber. Plastic leach chamber systems shall be installed per the ements of Table 4-5, when the percolation rate is less than thirty (30) minutes per inch. 12 (4) Standard Trench Lengths. Standard trench lengths for percolation rates less than thirty (30) minutes per inch are included in Table 4-6. The trench lengths shown in Table 4-6 are for a standard three (3) foot wide trench with three (3) feet of gravel below the distribution pipe. Other trench configurations may require different trench lengths and system design. The sections included in this chapter shall be complied with for designs that differ from the lengths shown in Table 4-6. (e) Additional Standards. (1) Existing legal building sites that are served by an individual on-site well may be approved for a private sewage disposal system only if the site is one (1) acre or larger in size and meets other regulations and requirements regarding septic setbacks and distance separation. (2) Private sewage disposal systems proposed to be installed on slopes of twenty (20) percent or more shall be designed by and have their installation inspected and be certified to be in substantial conformance with the City approved engineering plans by a Registered Civil Engineer or Registered Environmental Health Specialist. The design shall minimize grading disruption associated with access for installation and maintenance. Such systems shall be prohibited on slopes of thirty (30) percent or more, unless approved by both the Authority Having Jurisdiction and the Regional Water Quality Control Board. (3) When the percolation rate is below thirty (30) minutes/inch, the contractor, developer, installer or homeowner, shall certify in writing that the private sewage disposal system conforms to the prescriptive standards of this section at or before calling for final inspection. (4) When the percolation rates equals or exceeds thirty (30) minutes/inch, a private sewage disposal system shall be designed, inspected, and be certified to be in substantial conformance with the City approved engineering plans by a Registered Civil Engineer or Registered Environmental Health Specialist. (5) When the percolation rate exceeds one hundred twenty (120) minutes/inch, a private sewage disposal system, solely dependent upon soil absorption, shall not be allowed, unless the lot size is two (2) acres or greater. (6) The design of private sewage disposal systems shall incorporate an approved filtering device to remove solids from effluent at the outlet of septic tanks. (7) When a seepage pit percolation rate exceeds thirty (30) minutes/inch, a private sewage disposal system using a seepage pit shall not be allowed. (8) Seepage pit (dry well) types systems shall be designed, inspected, and be certified to be in substantial conformance with the City approved engineering plans by a registered civil engineer. 125 (9) A one hundred (100) percent expansion area shall be provided on all building sites, shall be identified on all plans submitted for private sewage disposal systems, and shall rei. ain available for system expansion. If areas reserved for system expansion are not accessible for future installation, then the expansion area shall be installed when the primary system is installed. When the primary and expansion systems are installed jointly, a means of switching flows to each field shall be provided. (10) Inspection risers with four (4) inches minimum diameter shall be installed at the ends of each absorption trench or bed. The inspection riser shall be open on the bottom of the trench or perforated. (f) Septic Tanks. (1) Septic tank manholes more than twenty-four (24) inches below grade, valves, distribution boxes, and pumps shall be permanently accessible to the surface in a manner acceptable to the Authority Having Jurisdiction. (2) Septic tanks shall be constructed and installed as specified in the California Plumbing Code, Appendix K. In addition, the following standards shall be met. Septic tank sizes shall be in conformance with Table 4-7. Septic tanks shall be repaired only by a licensed contractor. (i) Water tightness shall be ensured prior to backfilling the excavation around the yank. The water tightness test shall be conducted in conformity with the American Society for Vesting and Materials (ASTM) Standard C 1227 or equivalent. The installer shall provide a written report of the results of the test to the Building Official. (ii) All septic tanks for new systems and replacement tanks for existing systems shall equipped with an effluent filter that complies with the American National Standards Institute ,NSI) Standard 46. The filter shall be accessible for cleaning, replacement and maintenance. filters shall be maintained as required by their listing; the owner shall maintain records of filter � .aintenance but need not submit these records to the County. (iii) Septic tanks and other system components installed with more than three (3) feet o earth cover or beneath surfaces subject to vehicular traffic (such as driveways and vehicle turnarounds) shall be traffic rated or engineered to support the additional load. (iv) Each compartment of the septic tank shall be provided with a watertight riser, apable of withstanding anticipated structural loads and extending to grade level for ease of maintenance. Risers shall be constructed of concrete, PVC, fiberglass or other approved material, with a minimum inside horizontal measurement of twenty (20) inches. Risers shall be covered with tight fitting lids that are gas tight, securely fastened with stainless steel or other noncorrosive fasteners, resistant to vandals, tampering, and access by children. Surface water shall be diverted away from the riser cover or septic tank lid providing a sloping surface away from the riser, or extending the riser at least six (6) inches above grade. If the lid is in a driveway or other traffic area, the lids and risers shall be structurally designed to support vehicle weight. 126 (v) Wooden and metal septic tanks are prohibited, as are cesspools. (g) Seepage Pit Design (1) A statement of infeasibility of leaching trenches or beds is required, except for a seepage pit that is designed to the standards of this section to replace an existing seepage pit system. (2) Seepage pits shall be cylindrical in shape with a diameter of not less than four (4) feet, or more than six (6) feet. Construction of a seepage pit with a diameter less than four (4) feet or greater than six (6) feet may be permitted with written approval of the Authority Having Jurisdiction. (3) Seepage pits shall have a centrally located four (4) inch diameter perforated pipe which extends from the inlet to the bottom of the pit and the space around the pipe shall be filled with washed gravel which may vary in size from three-fourths (3/4) inch to two and one-half (2 1/2) inches. A smaller gravel size may be used if the Design Engineer can provide justification for its use and written approval is obtained from the Authority Having Jurisdiction. When necessary to meet minimum slope setback requirements, the upper portion of the central pipe shall be unperforated. (4) Rock fill in seepage pits shall be covered with one layer of a geotextile fabric designed for the purpose or approved equivalent, and backfilled with a minimum of twelve (12) inches of clean earth cover, free of debris and rock. (5) Seepage pits shall have an effective disposal depth of at least ten (10) feet. Effective disposal depth is defined as total depth subtracted by the distance below the grade to the uppermost disposal pipe perforation. (6) The maximum depth of a seepage pit shall be fifty (50) feet, unless the building official provides written approval for a greater depth. (7) Multiple seepage pit installations shall receive septic tank effluent via an approved distribution method. The percentage distribution of effluent entering each seepage pit shall be determined by the performance test of the seepage pit and shall be approved by the Authority Having Jurisdiction. (8) The maximum effluent application rate for a seepage pit is 0.30 gallons/square foot/day. (9) Seepage pits shall maintain all horizontal and vertical setback requirements listed in this chapter. (h) One hundred Percent (100%) Expansion Area. All systems shall be designed and constructed to reserve sufficient site area for a one hundred percent (100%) replacement dispersal system/area. Installation of dual fields shall be required for all sites when access for 127 installation of the replacement field/area would not be feasible after initial site development. When the primary and expansion systems are installed jointly, a means of switching flows to each field shall be provided. (i) Design Flow Rate. For single-family dwellings, the daily design flow shall be three hundred seventy-five (375) gallons per day for up to four (4) bedrooms, with one hundred 'ifty (150) gallons per day for each additional bedroom in excess of four (4). For other occupancies, refer to the California Plumbing Code, Appendix K. (j) Special Design Standards. The following standards shall be used in the design of new or enlarged private sewage disposal systems where the percolation rate equals or exceeds thirty (30) minutes per inch. Designs for alternate types of private sewage disposal systems shall be by a Registered Civil Engineer and may be approved by the Administrative Authority, and shall be approved by the Central Coast Regional Water Quality Control Board, when the Design i-ngineer submits adequate substantiating data with the design. (1) Determination of Size of Disposal Field. The size of the disposal field shall be determined by the Design Engineer using methods of accepted engineering practice including manuals and documents specified in this chapter or as otherwise approved by the Authority Having Jurisdiction. (2) Location of Private Sewage Disposal System. The minimum distance between components of a private sewage disposal system and other site features shall be as set forth in Table 4-3 (Horizontal Distance Separation) and Table 4-4 (Vertical Distance Separation) using the column entitled "Leach Field or Seepage Bed." (3) When private sewage disposal systems are designed pursuant to this section, the Design Engineer shall provide the owner with information on the location, design operation and _aintenance of the private sewage disposal system. (4) Existing legal building sites that are served by an individual on-site well may be approved for a private sewage disposal system only if the site is one (1) acre or larger in size and meets other regulations and requirements regarding septic setbacks and distance separation. (5) One Hundred Percent (100%) Expansion Area. All systems shall be designed and constructed to reserve sufficient site area for a one hundred percent (100%) replacement dispersal system/area. Installation of dual fields shall be required for all sites when access for installation of the replacement field/area would not be feasible after initial site development. (k) Replacement of Existing Private Sewage Disposal System. Where an existing private sewage disposal system has failed, the replacement system shall be designed in conformance with this chapter and shall be designed, inspected and be certified to be in substantial conformance with the City approved engineering plans by a Registered Civil Engineer. In the event that the replacement system cannot be designed to conform with this chapter, the Authority Having Jurisdiction may approve a system designed to lesser standards 12E when it is designed, inspected and be certified to be in substantial conformance with the City approved engineering plans by a Registered Civil Engineer. (1) A private sewage disposal system shall not be replaced by another system if sewers are available and are either within two hundred (200) feet of the structure, as required by the plumbing code, or sewers are at the property line. (2) The Authority Having Jurisdiction shall not approve a replacement system that does not conform to prohibitions set forth in the "Water Quality Control Plan—Central Coast Basin," unless the Regional Water Quality Control Board or its designed representative has previously approved the design. The Administrative Authority may authorize a temporary means of sewage disposal pending such approval. (1) Tables. Table 4-1 Absorption Area Requirements Percolation Rate (Minutes/Inch) Absorption Area per Bedroom (Square Feet) 0-9 150 10 165 11-15 190 16-20 215 21-25 230 26-30 250 31-35 270 36-40 285 41-45 300 46-50 315 51-60 330 61-70 380 71-80 430 81-90 520 91-100 660 101-110 830 111-120 1250 Table 4-2 129 Standard Trench Adjustment Factor t of Gravel Below Pipes (Inches) 12 18 24 Trench Width (Inches) 30 36 42 48 54 60 12 .75 .78 .80 .82 .83 .85 .86 .87 .87 18 .60 .64 .66 .69 .71 .73 .75 .77 .78 24 .50 .54 .57 .60 .62 .64 .66 .68 .70 30 .43 .47 .50 .53 .55 .58 .60 .62 .64 36 .37 .41 .44 .47 .50 .52 .54 .56 .58 42 .33 .37 .40 .43 .45 .48 1 .50 .52 .54 48 .30 33 .36 .39 .42 .44 .46 1 .48 .50 N, -)(c: For trenches not shown in Table 4-2, the standard trench adjustment factor may be: i - inch Adiustment Factor = W = width of trench (in feet) D = depth of gravel below pipe (in feet) Table 4-3 Horizontal Distance Separation (In Feet) W+2 W+I+2D 1 ',-'YO Building Sewer Septic Tank Leach Field or Seepage Bed Seepage Pit Puddings or structures, including porches, steps, breezeways, patios, and carports whether covered or not 2 5 80 ) 80 Property line Clear(-) 5 5 10 Water su 1 well in unconfined aquifer 50`' 50 100 150 Watercourse " 50 50 100 100 Swales ' 50 50 50 50 Native Trees * IOC) * 10(' Seepage pits - 5 5 12 i each field or seepage bed - 5 6 5 Or -sire domestic water service line 1" 5 5 5 Lis, ribution box - - 5 5 �` � e_+ Ure public water main 10 10 ] 0 10 1 ',-'YO Sloping round, cuts, or other embankments — — 15"' 15((') Reservoirs "7, including ponds, lakes, tanks, 200 200 20017, 2000, basins, etc. for storage, regulation and control of 5-29 8 water recreation, power. flood control or linking 5 Groundwater, where soil is Springs loo loo 100 loo Notes: (1' Distance separation shall be increased to twenty (20) feet when building or structure is located on a downward slope below a leach field, seepage bed or seepage pit. ('' See Section 315(c) of this Code. t3) Distance separation may be reduced to twenty-five (25) feet when the drainage piping is constructed of materials approved for rise within a building. See Section 1 108 of this Code. (5) For parallel construction or crossings, approval by the Health Department shall be required. `e' Distance is measured as horizontal distance to daylight. This distance may be reduced where it is demonstrated that favorable geologic conditions and soil permeability exist based on a report and analysis prepared by a licensed geologist or soils engineer. (7) Distance is measured at spillway elevation. A natural or artificial channel for passage of water, a running stream of water, or a natural stream fed from permanent or natural sources such as rivers, creeks, runs, and rivulets. There must be a stream, usually flowing in a particular direction (though it need not flow continuously) in a definite channel, having a bed or banks and usually discharging into a stream or body of water. w' A pond, lake, tank, basin or other space either natural or created whole or in part by the building of engineering structures, which is used for storage, regulation, and control of water, recreation, power, flood control, or drinking. 0j Topographic low point that conveys water to watercourses. (*) See tree protection guidelines. Table 4-4 Vertical Distance Separation (In Feet) Note: Distance is measured from bottom of trench or pit. Unless a setback distance of at least two hundred fifty (250) feet to any domestic water supply well or surface water is assured. In this case the minimum separation shall be ten (10) feet. 131 Leach Field or Seepage Bed Seepage Pit Ground water, where percolation rate (min/in) is <1 50 1-4 20 5-29 8 >30 5 Groundwater, where soil is Gravels 50 Gravels with few fines 20 Other 10 Bedrock 10 10 Note: Distance is measured from bottom of trench or pit. Unless a setback distance of at least two hundred fifty (250) feet to any domestic water supply well or surface water is assured. In this case the minimum separation shall be ten (10) feet. 131 ` Gravels—Soils with over ninety-five percent (95%) by weight coarser than a No. 200 sieve and over one-half (1/2) of the coarse fraction larger than a No. 4 sieve. 3 Gravels with few fines—Soils with ninety percent (90%) to ninety-four percent (94%) coarse fraction larger than a No. 4 sieve. Table 4-5 Hi Capacity Infiltrator System Design Requirements Percolation Rate 1 bed Infiltrator Trench Length (feet)* High Capacity Chambers' 4 bed <1-9 I bed 2 bed 3 bed 4 bed' <1-9 30 60 90 120 10 36 66 96 132 11-15 42 72 114 154 16-20 48 84 126 172 21-26 54 90 138 180 26-29 60 96 150 198 30+ Design by Engineer Trench lengths good for up to three (3) bedrooms. Homes larger than four (4) bedrooms shall be calculated as required by this chapter. Consult manufacturer design criteria for alternative product design criteria. This information shall be submitted to the City for review prior to system approval. Table 4-6 Requirements for Gravel Standard System Trench Lengths Percolation Rate 1 bed Standard 3'x3' Trench Length (feet)* Gravel Trench 2 bed 3 bed 4 bed <1-9 25 50 75 100 10 28 55 83 110 11-15 32 63 95 127 16-20 36 72 108 143 21-26 38 77 115 153 26-29 42 83 1 125 1 167 30+ Design by Engineer Three (3) ft. wide by three (3) ft. deep trench, with .5' of gravel above pipe invert. Any alternative trench configuration shall be calculated according to the requirements of this chapter. t Homes larger than four (4) bedrooms shall be calculated as required by this chapter. Table 4-7 Required Size of Septic Tani: for Single -Family Dwelling Number of Bedrooms Minimum* Septic Tank Ca acit�, in Gallons 1 or 2 750 3 1,000 4 1.200 5 or 6 1,500 . See California Plumbing Code for an expanded list of tank sizes. (Ord. 520 § 1 (part), 2007) Chapter 5-7 MECHANICAL CODE 8-67.101 Modifications to the California Mechanical Code. (a0 '+` Delete Appen Eli x Chapter 1. Divison II -a; d Tom. Administration of the mechanical code shall be as set forth in AppencligChapter 1 Division 11 of the California Building Code. (b) Adopt Appendix A. B. C and D. (Ord. 520 § 1 (part), 2007) Chapter -7-8 GREEN BUILDING CODE 8-8.101 Modifications to the California Green Building Code (a) Delete Appendix A4 and A5 Chapter 9 UNSAFE BUILDINGS AND STRUCTURES 8-79.101 Modifications to the International Property Maintenance Code. (a) Amend Section 101.1 to read as follows: 133 101.1 Title. These regulations shall be known as the Property Maintenance Code of Atascadero, hereinafter referred to as "this code". (b) Amend Section 102.3 to read as follows: 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Building Standards Code and other applicable laws and ordinances. (c) Amend Section 103.1 to read as follows: 103.1 General. The office of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the code official. (d) Amend Section 103.5 to read as follows: 103.5 Fees. The fees for activities and services performed by the code official under this code shall be in accordance with the schedule as established by the applicable governing authority. 108.1.5 (e) Dangerous Add Seetien 108.1.5 str-ueture or to premises. read as fell, FoF ws: the puFpose of this code. any structure E) pFemises d that has any of all of the eonditions or- defeets deseiibed Jaelow shall be considei-e deaf,1. Any aisle,passageway,, to the appfoved b or- fife code of the jurisdietien as felated to the fequifeffients fof b bHil 1;,,.Y� s 2. 5 is so wafped, weffi lease, tofii of- othef",ise unsafe as to not pfevide safe and adequate ffleans o egfi8ss. building,fife, of eaFthquake, suok a -ii extent wind, that flood, Eleter-ior-ation, it is likely to paftially b oF completely e 4. Any poi4ion of a g, f, appui:tenanee of: omaffiefitation on the b th of stability, of is not so anehor-ed, attaehedfastefled in plaee so as to be eapable Of b natufal of af4if4eial leads of one and one half the otiginal designed yalae dilapidation, X34 a b 6. The bui-ld'tt'tbT-E)r- sti=utai' , oF any per-tiaii thereof, is elce-c'ri-jy unsafe fvr itstise and eEeu� 7. The b. OF str-betui-e is b b ed., dilapidated, unsecured of: abandonedb ht play in the building or- st!-Uetur-e f0f Committing „1., 4 41 itEt- building building- building, building collapse or- any othei: t4eat to life safety. dwelling used of intended te be used f -of- inadequate ffiaifitefiaiiee, dilapidation, ', Elamage, faaltYb , inadequate system. of othefwise. is detefffiiiied b�, the light, ... eade offieial to be unsanitafy, unf4t fef- human habitation ef in sueh a eofiditjofl that is likely to eause siekness or -Eli (Ord. 520 § 1 (part), 2007) Chapter 8-10 WATER EFFICIENT LANDSCAPE AND IRRIGATION 8-810.101 Purpose. Consistent with California State law, it is the purpose of this chapter to: (a) Promote the values and benefits of landscapes while recognizing the need to use water resources as efficiently as possible; (b) Prevent unreasonable water waste by limiting landscape water use to the amount reasonably required for beneficial use; (c) Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects. (Ord. 548 § 2, 2010) 135 ME M ' M . (Ord. 520 § 1 (part), 2007) Chapter 8-10 WATER EFFICIENT LANDSCAPE AND IRRIGATION 8-810.101 Purpose. Consistent with California State law, it is the purpose of this chapter to: (a) Promote the values and benefits of landscapes while recognizing the need to use water resources as efficiently as possible; (b) Prevent unreasonable water waste by limiting landscape water use to the amount reasonably required for beneficial use; (c) Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects. (Ord. 548 § 2, 2010) 135 'mt;,A02 Definitions. "Certificate of completion" means the document required under Section 8-8.105(c). "Landscapable area" means all the planting areas, turf areas, and water features in a ter, .,cape design plan. The landscape area does not include footprints of buildings or structures, s�o: e, alfa, driveways, parking lots, decks, or patios. "Landscape contractor" means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems. "Landscape documentation package (LDP)" means the documents required under Section -8.105(b). "Landscape project" means total area of landscape in a project as defined in "landscape area" for the purposes of this chapter. "Multifamily residential" means two (2) or more attached residential units. Landscape :rcas for multiple detached units on one (1) parcel will be considered single-family units for the purposes of this chapter. "New construction" means, for the purposes of this chapter, a new building with a landscape or other new landscape, such as a park, playground or greenbelt without an associated building. "Permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscapes. "Pervious" means any surface or material that allows the passage of water through the _ateri�l and into the underlying soil. "Project applicant" means the individual or entity requesting a permit, plan check or aesigr review from the local agency. A project applicant may be the property owner or designee. "Rehabilitated landscape" means any relandscaping project that requires a permit, plan check, or design review. "Runoff" means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. "Single-family residential" means one (1) home on one (1) lot, or multiple detached units on one (1) lot (not attached). "Soil moisture sensing device" or "soil moisture sensor" means a device that measures ,,,he amount of water in the soil. The device may also suspend or initiate an irrigation event. "Turf" means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool -season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustine-rass, Zovsiagrass, and Buffalo grass are warm -season grasses. "Valve" means a device used to control the flow of water in the irrigation system. "Water conserving plant species" means a plant species identified as having a low plant factor. "Water waste runoff" means water flowing away from property and which is caused by excessive application(s) of water beyond reasonable or practical flow rates, water volumes or duration of application. (Ord. 548 § 2, 2010) 8-810.103 Applicability. The information within this chapter applies to new construction and rehabilitated landscapes for commercial, industrial and residential projects that are subject to the development review process and/or a building permit with the exception of subsection (f), which applies to all properties within the City limits. (a) Development Review Process. In conjunction with the submittal of a project for development review (tentative parcel map, tentative tract, development plan or conditional use permit), conceptual landscape and irrigation plans shall be provided that demonstrate that the design of the landscaping and irrigation complies with the standards within this chapter. These plans shall be reviewed by City staff during the development review process. (b) Building Permit. In conjunction with the submittal of a project for building permit plan check, final landscape and irrigation plans, in compliance with this chapter, shall be submitted with the project. After a plan check review by the Planning and/or Building and/or Public Works Departments for compliance with this chapter, a building permit may be issued. Fees consistent with the fees established for building plan check will be applied for staff review of the landscape and irrigation plan. (1) Residential Building Permits. (i) Landscape plans in compliance with this chapter shall be required to be submitted with all new single-family residences and new second unit building permits. (ii) Landscape plans shall be required in conjunction with residential remodels and additions only when new landscape is proposed to be installed. All new landscape and relandscaping shall be compliant with this chapter. (2) Nonresidential Building Permits. 137 (i) Landscape plans in compliance with this chapter shall be required to be submitted '.I building permits for all new nonresidential construction. (ii) When submitting a building permit for nonresidential remodels and additions, a landscape plan shall be submitted to bring the site into compliance with Section 8-8.104. Only al*Prations required for compliance with Section 8-8.104 shall be required to be shown on the i'dscape plan. (c) Certificate of Completion. Once the landscape and irrigation plans and necessary ournentation has been provided in substantial compliance with the LDP, a certificate of c impletion may be issued. A certificate of completion shall be issued prior to the project receiving a certificate of occupancy by the Building Division. (d) Landscape and Irrigation Installation. For both projects less than or greater than .re (1) acre, the landscape and irrigation shall be installed per the approved plans prior to the ,lance of a certificate of occupancy or "final" of the building/project. (e) Landscape Bond. (1) For projects that have a landscape area of one (1) acre or greater and require a a bond may be posted which would allow a building to be finaled and a certificate of ­ipancy to be issued prior to the site landscape and irrigation being completed. The bond shall based on an estimate for labor and materials to complete the landscape and irrigation project per the approved plans, plus an additional twenty-five (25) percent. The applicant shall fill out L. t2 landscape bond security bond agreement along with the necessary bonding information, to 'v� Public Works Department for review and approval to determine the specific bond amount. (2) For projects that have a landscape area of less than one (1) acre which does not require the LDP, the Community Development Director or designee may approve a bond to be posted which would allow a building to be finaled and a certificate of occupancy to be issued r;rior to the site landscape and irrigation being completed. (f) Water Waste Prevention. This provision applies to all properties with the City 1?T1- its. (1) Overhead irrigation of residential and commercial landscapes, including golf courses, parks, school grounds and recreation fields, shall be prohibited between the hours of 10:00 a.m. and 5:00 p.m. (i) Exceptions to the permitted watering timeframe are permitted for renovation or repair of the irrigation system with an operator present, landscape irrigation audits, the reseeding planting of turf grass not to exceed an establishment period of twenty-one (21) consecutive u y.; or the application of a landscape fertilizer that requires watering in. 138 (2) Water runoff shall be prohibited. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, parking lot, street, alley, gutter, ditch, or adjacent property is prohibited. (Ord. 548 § 2, 2014) 8-510.104 Landscape standards and limitations for new construction and rehabilitated landscapes. (a) All project landscaping and irrigation plans/designs (residential, commercial, industrial) shall comply with the following standards and limitations: (1) Turf areas less than eight (8) feet in width in any direction are prohibited; (2) Turf shall be prohibited within the public right-of-way, including parkways; (3) Turf shall be prohibited on slopes greater than twenty (20) percent where the toe of the slope is adjacent to an impermeable hardscape (where twenty (20) percent means one (1) foot of vertical elevation change for every five (5) feet of horizontal length rise divided by run X 100 = slope percent); (4) Developments shall be graded to maximize the on-site distribution of runoff to planted areas; (5) For nonturf areas, landscape shall utilize a planting palette of low water- use plants designated by the Atascadero Mutual Water Company's list of water conserving plants; (6) A minimum two (2) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated; (7) For nonturf areas, drip irrigation and nonoverhead spray methods shall be utilized; (8) Irrigation control systems shall utilize rain sensors, either integral or auxiliary, that suspend irrigation during and after rainfall events; (9) Irrigation systems shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto nontargeted areas, such as adjacent property, nonirrigated areas, hardscapes, roadways, or structures; (10) Spray irrigation shall be prohibited within twenty-four (24) inches of nonpermeable surfaces such as, but not limited to, concrete sidewalks and driveways. Allowable irrigation within the setback from nonpermeable surfaces may include drip, drip line, or other low -flow nonspray type of systems. The setback area may be planted or nonplanted. The surfacing of the setback may be mulch, gravel, cobles, or other porous material. These restrictions may be modified if the landscape area is adjacent to permeable surfacing, and no runoff occurs or the adjacent nonpermeable surface drains entirely to landscaped areas; 139 (11) Water features shall use recirculating water systems; (12) The architectural guidelines and codes, covenants, and restrictions of common interest developments shall not have the effect of prohibiting the use of low-water use plants or requiring turf grass in landscaped areas; (13) The Building Official shall have the authority to grant modifications to .'D sections (1) through (12) for individual cases provided that the Building Official first finds t' it the modification is in compliance with the intent and purpose of this chapter and that such modification does not create water waste or additional water use than would be created if subsections (1) through (12) were implemented. (b) Commercial and industrial projects shall comply with the following turf Ii nutations: (1) The area planted in turf grass and irrigated with spray irrigation shall be limited to tc-, (10) percent of the development's landscapable area or two thousand five hundred (2,500) sjuare feet, whichever is less. (i) Exceptions. This section does not apply to cemeteries, plant collections as part of botanical gardens and arboretums open to the public, City and public parks, and school sports fields. (c) Single-family residences shall comply with the following turf limitations: (1) Turf grass installed with spray irrigation on residential lots shall be limited to twenty-five (25) percent of the landscapable area or two thousand five hundred (2,500) square feet, whichever is less. (d) Multifamily projects and residential subdivision tracts shall comply with the following turf limitations: (1) Turf grass installed with spray irrigation on individual residential lots shall be limited to twenty-five (25) percent of the landscapable area or two thousand five hundred (2,500) square feet, whichever is less. (i) Landscape area for new residential subdivisions will be calculated on an individual lot basis as each lot develops, not a total of landscape areas prior to subdivision. (2) Turf grass in common outdoor areas (including landscape and lighting district areas) shall be limited to ten (10) percent of the landscapable area. (i) The ten (10) percent limitation shall be exclusive of areas designed as active play sL!-,-.Faces (e.g., ballfields, playgrounds, picnic areas). All other common landscape within the 140 subdivision or multifamily project will be designed under one (1) permit subject to the maximum turf limitations. (ii) Active play areas open to the public are exempt from this provision. (e) Model homes shall comply with the following: (1) Turf grass shall be prohibited in the front yards of model homes, and shall be limited to fifty (50) percent of the landscapable area in back and side yards, or two thousand five hundred (2,500) square feet, whichever is less. (2) Model homes shall be used to educate future home owners about water efficient landscape and irrigation techniques. Education features for model homes shall include: (i) The installation of interpretive landscape information signs that describe the principles of water efficient landscapes including features such as hydrozones, appropriate irrigation equipment and others techniques that contribute to the overall water efficient irrigation theme. (ii) Information shall be provided to new home owners that include techniques on designing, installing, managing, and maintaining water efficient landscapes. (f) Rehabilitated landscapes shall comply with the following: (1) Rehabilitated landscapes shall comply with the turf limitations and water use standards as outlined in subsections (a) through (e), as appropriate to the property type. (2) Landscape plans for rehabilitated landscapes shall be reviewed for compliance with the standards when proposed or required as part of a building or grading permit, discretionary review, and/or when required by Section 8-8.105. (Ord. 548 § 2, 2010) 8-810.105 Requirements for landscaped areas equal to or greater than one (1) acre. (a) Projects that have a landscape area equal to or greater than one (1) acre shall meet the following requirements: (1) Project shall comply with all of the items identified in Section 8-8.104. (2) Weather -based irrigation controllers, soil moisture -based controllers, or other self- adjusting irrigation controllers shall be required for irrigation scheduling. (b) The following documents and plans shall be submitted prior to the issuance of a building permit for the associated project (please refer to the Landscape and Irrigation Design Guide for specific forms and criteria). 141 Compliance with landscape documentation package which includes completion of the rV"ing items: (1) Project information; (2) Water efficient landscape worksheet; (3) Soil management report; (4) Landscape design plan; (5) Irrigation design plan; (6) Grading design plan. Note: the landscape area for new residential subdivisions will be calculated on an i-dividual lot basis as each lot develops, not a total of landscape areas prior to subdivision. i n:refore, generally a residential subdivision will not require an LDP for individual lot l�,ndscaping. However, if the common landscape areas within the subdivision, multifamily project, or rdscape and lighting district total one (1) acre or greater, an LDP for those areas shall be completed under a single permit. (c) The following documents and plans need to be completed and the landscape and �iaation project shall be installed prior to the issuance of a certificate of occupancy or building -nit final for the associated project (please refer to the Landscape and Irrigation Design Guide for specific forms and criteria). Certificate of completion which includes documentation of the following items: (1) Irrigation scheduling; (2) Landscape and irrigation maintenance schedule; (3) Irrigation audit, irrigation survey and irrigation water use analysis; (4) Irrigation efficiency; (5) Stormwater management. (Ord. 548 § 2, 2010) Chapter 9 RESERVED Chapter 10 UNREINFORCED MASONRY 8-IG11.101 Modifications to the California Existing Building Code. (a) Adopt Appendix Al {-a3fj2� Add Appendix Section 102.3 to read as follows: 102.3 Compliance with other codes. All conforming and legal nonconforming buildings that are required to be strengthened by alteration as a result of this chapter shall not be required to comply with current site improvement standards of the City zoning ordinance, including parking and landscaping. 0_44(c) Add definitions to Section A103 to read as follows: ESSENTIAL BUILDING. A building of unreinforced masonry construction that contains a hospital or other- medical facility having surgery or emergency treatment areas, fire and police stations or a municipal government disaster operation and communication center. HIGH-RISK BUILDING. A building of unreinforced masonry construction that is not an essential building. A high-risk building shall not include a building having exterior walls braced with masonry crosswalls or wood frame crosswalls spaced less than forty (40) feet apart in each story; crosswalls shall be full story height with a minimum length of one and one-half (1 1/2) times the story height. {e)(d) Add Appendix Section A115 entitled "Administrative Provisions" to read as follows: SECTION A115 ADMINISTRATIVE PROVISIONS A115.1 Rating classifications. The rating classifications shown in Table A115.1 of this section are established and each building within the scope of this chapter- shall be placed in one such rating classification by the building official. Exception: Portions of buildings constructed to act independently when resisting seismic forces may be placed in separate rating classifications. TABLE A115.1 RATING CLASSIFICATIONS Type of Building Class 143 A115.1.1 General requirements. The owner of each building within the scope of this chapter shall cause a structural analysis of the building to be made by a civil or structural engineer or architect licensed by the State of California. If the building does not meet the minimum earthquake standards specified in this chapter, the owner shall either cause it to be structurally altered to conform to such standards or cause the building to be demolished. The owner of each building within the scope of this chapter shall comply with the requirements set forth above by submitting to the building official for review within the stated time limits: 1. On or before January 1, 2005, a structural analysis, which is subject to approval by the building official, and which shall demonstrate that the building meets the minimum requirements of this chapter; or 2. On or before January 1, 2005, a structural analysis and plans for the proposed structural alterations of the building necessary to comply with the minimum requirements of this chapter; or 3. On or before January 1, 2005, plans for the demolition of the building. After plans are submitted and approved by the building official, the owner shall obtain a building permit, commence and complete the required construction within the time limits set forth in Table Al15.1.1. TABLE A115.1.1 TIME LIMITS FOR COMPLIANCE Rating Classification Occupant Load Deadline for Submission of Rehabilitation Building Permit Issuance Deadline for Strengthening From Date of Permit Issuance .k /'_4 A115.2 Notice and Order A115.2.1 General. The building official shall, within 30 days of the determination that a building is of unreinforced masonry construction issue a notice and order as provided in this section to the owner of a building within the scope of this chapter. A115.2.2 Service of notice and order. A notice or order issued pursuant to this section shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment roll, and upon the person, if any, in apparent charge or control of the building. The failure of any such person to receive such notice or order shall not affect the validity of any proceedings taken under this chapter or relieve any such person from any duty or obligation imposed on him by the provisions of this chapter. A115.2.3 Content of notice and order. The notice shall specify that the building has been determined by the building official to be within the scope of this chapter and, therefore, is subject to the minimum seismic standards of this chapter. The order shall direct the owner to obtain a building or demolition permit as required by this chapter and cause the building to be structurally altered to conform to the provisions of this chapter, or cause the building to be demolished. The notice or order shall be accompanied by a copy of Section A115.1, which sets forth the owner's responsibilities. A115.3 Appeal. The owner of the building may appeal the building official's initial determination that the building is within the scope of this chapter to the Board of Appeals established by Appendix Section 112 of the California Building Code, as adopted. Such appeal shall be filed with the Board within 60 days from the service date of the order described in Section A115.2. Any appeal shall be decided by the Board no later than 90 days after filing and the grounds thereof shall be stated clearly and concisely. Appeals or requests for modifications from any other determinations, orders or actions by the building official pursuant to this chapter shall be made in accordance with the procedures established in Appendix Section 104.10 of the California Building Code. A115.4 Recordation. At the time that the building official serves the aforementioned notice, the building official shall also file and record with the office of the county recorder a certificate stating that the subject building is within the scope of this chapter and is a potentially earthquake hazardous building. The certificate shall also state that the owner thereof will be ordered to structurally analyze the building to determine compliance with this chapter. If the building is either demolished, found not to be within the scope of this chapter, or is structurally capable of resisting minimum seismic forces required by this chapter as a result of structural alterations or an analysis, the building official shall file and record with the office of 145 Plans or Demolition Complete Commence Within Within I Any January 1, 2005 January 1, 2005 180 days 3 years II Any January 1. 2005 Januar 1, 2005 180 days 3 vears A115.2 Notice and Order A115.2.1 General. The building official shall, within 30 days of the determination that a building is of unreinforced masonry construction issue a notice and order as provided in this section to the owner of a building within the scope of this chapter. A115.2.2 Service of notice and order. A notice or order issued pursuant to this section shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment roll, and upon the person, if any, in apparent charge or control of the building. The failure of any such person to receive such notice or order shall not affect the validity of any proceedings taken under this chapter or relieve any such person from any duty or obligation imposed on him by the provisions of this chapter. A115.2.3 Content of notice and order. The notice shall specify that the building has been determined by the building official to be within the scope of this chapter and, therefore, is subject to the minimum seismic standards of this chapter. The order shall direct the owner to obtain a building or demolition permit as required by this chapter and cause the building to be structurally altered to conform to the provisions of this chapter, or cause the building to be demolished. The notice or order shall be accompanied by a copy of Section A115.1, which sets forth the owner's responsibilities. A115.3 Appeal. The owner of the building may appeal the building official's initial determination that the building is within the scope of this chapter to the Board of Appeals established by Appendix Section 112 of the California Building Code, as adopted. Such appeal shall be filed with the Board within 60 days from the service date of the order described in Section A115.2. Any appeal shall be decided by the Board no later than 90 days after filing and the grounds thereof shall be stated clearly and concisely. Appeals or requests for modifications from any other determinations, orders or actions by the building official pursuant to this chapter shall be made in accordance with the procedures established in Appendix Section 104.10 of the California Building Code. A115.4 Recordation. At the time that the building official serves the aforementioned notice, the building official shall also file and record with the office of the county recorder a certificate stating that the subject building is within the scope of this chapter and is a potentially earthquake hazardous building. The certificate shall also state that the owner thereof will be ordered to structurally analyze the building to determine compliance with this chapter. If the building is either demolished, found not to be within the scope of this chapter, or is structurally capable of resisting minimum seismic forces required by this chapter as a result of structural alterations or an analysis, the building official shall file and record with the office of 145 the county recorder a form terminating the status of the subject building as being classified within the scope of this chapter. ^.115.5 Enforcement. If the owner in charge or control of the subject building fails to comply with any order issued by the building official pursuant to this chapter within the time limit set forth in Section Al 15.1, the building official shall verify that the record owner of this building has been properly served. If the order has been served on the record owner, then the following provisions apply: 1. The building official may order that the entire building be vacated and that the building remain vacated until such order has been complied with. If compliance with such order pias not been accomplished within 90 days after the date the building has been ordered vacated or such additional time as may have been granted by the Board of Appeals, the building official may order its demolition in accordance with the provisions of Sections 107, 108, and 109 of the International Property Maintenance Code. 2. Any person who violates any provision of this chapter is guilty of a misdemeanor, and is subject to the penalty as provided for in Chapter 1 of the City of Atascadero Municipal Code. I (Ord. 520 § 1 (part), 2007) Chapter 4-1-12 POST -DISASTER REGULATIONS 8-3412.101 Intent. This chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy following an earthquake or other destructive event. The chapter further authorizes the building official and his or her representatives to post the appropriate placard at each entry to a building or structure upon completion of a safety assessment. (Ord. 520 § 1 (part), 2007) 84412.102 Application of provisions. The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Atascadero following each destructive event. The City Council may extend the provisions as necessary. (Ord. 520 § 1 (part), 2007) 84412.103 Definitions. SAFETY ASSESSMENT. A visual, nondestructive examination of a building or structure for the purpose of determining the condition for continued use. (Ord. 520 § 1 (part), 2007) 8-1412.104 Placards. (a) The following official placards shall be used to designate the condition for occupancy of buildings or structures: 6 (1) Green: "Inspected—Lawful Occupancy Permitted" is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure. (2) Yellow: "Restricted Use" is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restriction on continued occupancy. (3) Red: "Unsafe—Do Not Enter or Occupy" is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstances except as authorized in writing by the building official or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damaged encountered. (b) The placard shall display the number of the ordinance codified in this chapter, and the name, address and phone number of the jurisdiction. (c) Once the placard has been attached to the building or structure, it shall not be removed, altered or covered until authorized representative by the Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section. (Ord. 520 § 1 (part), 2007) 147 SECTION 2. Chapter 7 of Title 4 of the City of Atascadero Municipal Code is hereby repealed and replaced by new Chapter 7 of Title 4 as follows: ATASCADERO MUNICIPAL CODE TITLE 4 Chapter 7 FIRE CODE 4-7.101 Title. 4-7.102 Adoption of Fire Code and Wildland-Urban Interface Code. 4-7.103 Modifications to the California Fire Code. 4-7.104 Modifications to the International Wildland-Urban Interface Code. 4-7.101 Title. This chapter shall be knoivn as the Cin of Atascadero Fire Code. (£ -2�ice}: 200;) 2010 4-7.102 Adoption of Fire Code and Wildland-Urban Interface Code. Two {2} documents_ three. (3) of which are on file in City offices, identified by the Seal of the City of Atascadero marled and designated as the, 89 (2010'iEdition of the California Fire Code and the ?{ f•2003 Edition of the International Wildland-Urban Interface Code published by the International Code Council are hereby- adopted, including chapters and sections not adopted b}7 agencies of the State of California, and including appendices thereto, as the Fire Prevention Regulations of the City of Atascadero. The provisions of such are hereb}_ referred to, adopted, and made a part hereof as if fully set out in this chapter except as modified hereinafter. (Ord. 520 s ipart-?-2007x-(2010 4-7.103 Modifications to the California Fire Code. a1 (a) al Delete Appendix Chapters A a#;clD (b) Adopt Apperulix D -without Table Dio3_4 and Future D1CC3.l hc} -Amend :kppen4t3i Chapter,IL DivisignlI. Section 101.1 to read as follows: 101.1 Title. These regulations shall be known as the Fire Code of Atascadero, hereinafter referred it) as 'this cede". W] (E) t.... t.. Cil 103 i tI „11,. 4-11-0 �I�SdWtiefi tMoiff the r (d) Add ApptqadLMIChavtei I. Division II. Section 105 1 A to read as follows- 105.1.4 105.1.4 Construction permit consolidation. Construction permits required under appendix Section 105.7 mai be included with a construction permit issued by the building official under :^fix Chapter 1 of the California Building Code. All applicable construction permit fees shall be included in the consolidated construction permit issued b)• the building official - (e) Amend Appendi f Ghgpter I3ilt�iorn,ILtSection 10S.1 to react as follows: 103.1 Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretations of this code, there shall be and is hereby created a board of appeals- The board of appeals shall be the City Council. The fire code official shall be an ex officio member and shall act as secfetary to said board but shall have no vote upon any matter before the board. The board shall adopt rules of procedure for conducting its business. (f; Amend Section 311.2? by deletion of Exceptions 1 and 2. (g) Amend Section X03.1.1 to read as follows: 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for even- facility; building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road small comply -,with the requirements of this section and shall extend within 150 feet (45:?20rntri) of all portions of the facility and all portions of the exterior walls of the first stork- of the building measured by an approved routs around the exterior of the budding or facility. 149 Exception: The fire code official is authorized to increase the dissension of 150 feet (4:,720 Dun) where: 1. Fire apparatus access roads cannot be installed because of location on propertm-, topography, .vattrwats_ nonnegotiable grades or other similar conditions, and an appro,-ed alternative means of protection is provided. 2. 'There are not more than two Group R-3 or Group U occupancies_ (h) Amend Section 303.1 to read as follows: 545.1 :address numbers. New and existing buildings shall have approved address numbers. building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property- all buildirtffs tivith access via an alley or other similar roadways shall have the address number provided on the rear door of the building or tenant space. Address numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters_ Numbers, shall be a minimum of 4 inches (10-2 mm:) high with a minimum stroke width of 0.3 itch (12.? mm) or as otherwise, determined necessary by the fire code official. (i 'Is Amend Section &? :;4 .%t+3t�?._'lto read as follows - 508.2.2 W.2.2 Rater tanks. Water Tanks are not permitted for private fire protection. (k)U-_') Amend Section 609-' and add Section 609.2-1 to read as follows: 609.2 ANIere required. l Type 1 hood shall be installed at or above all conunercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors. Hood systems shall be tied into existing alarm s<<stems. -- ser fee senfiererl a er-th-aetivatiarrofany-fires suppression sFs#e13--Tlre sul fission # the certiat�-osp3cat3-��:ics..the-res}u�sibilit�-oma+-e-ar;trac-ter-par�r�ir�g-tl��ie,�> Vhe eeftii€ioatc 3e a copy e4-tl trtr Dice es lots es tt hast}�afed t e zatir�tr is 3--�-detailc+d-last-gf-all=.kork--e.oti}aleiea -ofr-the-systarn-+;e-learn-f}azales-r�placa-i��ks ;-fer-lrasge --�x-eleaffliness-of-il�-hood affil-asseetated-app}i?af- (1)(I) Amend Section 901.1 to read as follows: 901.7 Systems out of service. )A here a required fire protection system is out of service, the fire code official shall be notified inunediatel,r and, where required by the fire code official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service. 151 Rhere utilized, fire watches shall be provided with at least one approved means for notification of the fire department and their only duty shall be to perform constant patrols of the protected premises and, keep watch for fires- The person assigned to fife watch shall maintain a written log of their activities during their assigned shift and the log shall be provided to the fire code official upon request. M Delete Sections 903.2 through 9032. 1 S. Add new Sections 9032 and 903.21 _through 903.2 . 18 to read as follows: 903.2 ANIere required. An approved automatic fire surinkler s -,,-stem shall be installed - 1. Throughout all new buildings. Exceptions I- Buildings conrainin�GrDui)s B and M occupancies 'where floor area is not more than500 square feet (46.45 m2) and located not less than 10 feet from adiacent buildings on the same property and not less than 5. feet from adjacent property Imes; 2. Buildings containing Grow l! occuvancies where floor area is less than 1000 square feet (92.9 un`) and located not less than 10 feet from adjacent buildings on the same property and not less than 5 feet from adjacent property- lines, unless part of a mixed -occupancy building containing a Group R, Division 3occupanmr Throughout an exisfin—buildinc, other than a Group R. Division 3 ocgMqgcv or a U occut3ancv yyrhen accessory to a Grout) R. Division 3 occupancy whenever additions exceed ten (10) percent of the total floor area of the existing building and the total combinedfloorarea will exceed 2-ODO square feet (185.8 in 2)_ or a second story or greater is kct4zd- or o; Lqpp qaj§-ch-ged to a more hazardous use, 3. Throughout an existing Grout) R. Division 3 occoanc,,, or Group U occUancv,,vhen accessory to a Group R- Division 3 occupanev whenever additions exceed ten (10) percent of the total floor area of the existmu, builditiL, and the total combined floor area will exceed 5.000 square feet (185.8 m2). Exceptions: 1- Grout) R- Division 3 occuvancles where the total combined floor area will not exceed 3,000 square feet (275-7 m')_ 2. 2)- 2, Group B and M occupancies wheneyer single or multiple additions will not exceed 1,000 square feet (92-9 m2) beyond the size of the structure on the effective date of this regulation or the total combined floor area will not exceed =.000 square. feet (464.5-m2), and a second story or greater is not added. and the occupanv is not changed to a more hazardous use. 4. V-Iien occupancy change increases fare risk or hazard (n) Add section 903.2.1 Fire Sprinkler Hazard Cateaories to read as follolvs: 903.2.1. Fire Sprinkler Hazard Categories. Hazard categories in regard to fire sprinkler system requirements shall be in accordance with Table 903.2.1_ Table 903.2.1 Fire Sprinkler System Relative Hazard Eire Sprinkler System Relative Hazard Categories Relative Hazard Occupancy Classifications 1 (highest hazards H 2 A, F-1, R-1, R-2, R-3.1, R -d, I 3 F-2, R-3, E B, M, S-2 U -_,.__ 3. In additions to existing buildings eouipped smith an automatic fire sprinkler system. For tllUurpose. of re uanng the automatic fire sprinkler systems specified in this chanter. _cha ter. the -- — floor area within the surrounding exterior iyalls shall be considered as one building, An automatic fare sprinkler system need not be installed in spaces or areas in telecominumcatioils buildings used exclusively for telecommunications equipruent. associated electrical power distribution equipment batteries and standby engines provided those spaces or areas are equipRed throughout With an automatic fire alarm system acid are separated from the remainder of the building by fire barriers consisting of not less than 1 -hour fire -resistance -rated wafts and ?-hour fir -resistance -rated floor4ceilmQ assemblies -At1d-Muweipal-Cad rff of cod itlr atrnetadsf tits ",, thraugli 40 F:@- 903.2 General. An automatic fare -extinguishing systern shall be installed iia neva: Lwilcliai s -as set forth in Section 903."_' of the California Building Code as amended in Section 5-3.101 of the Atascadero liunicipal Code. 153 Section 903 2.3 through Section 903.2.10.3 not used. Text continues with Section 903? 11. 4i o -add Section 904 11.4.2 to read as follows: 904.11.4.2 Wood or wood product fueled cooking. All commercial -type cooking equipment using wood or wood products as fuel shall be protected by an automatic sprinkler system within the flood and the duct work. The water supply may be provided from the building's fire sprinkler s}stem. or the domestic water supply- The minimum water flow calculation shall be 18 gallons per minute (69 1pm) at 7 psi for each head. There shall be a separate control valve for the fire sprinkler system protecting the commercial -type cooking equipment_ ffl)j'p� Amend Section 904.11.6.4 to read as follows: 904.11.+6.4 Extinguishing system service. Automatic fire -extinguishing systems shall be serviced in accordance witlt the manufacturer's specifications and the California State Fire Marshal's Standards at least every 6 months and alter activation of the system. Sen -ice shall be by licensed and qualified individuals, and a certificate of inspection shall be forwarded to the fire code official as set forth in section 609.21.1. t Add Sections 907.20.5.1 through 907.20.=.3 to read as follocv-s: °L1�a 20.54 (907.9.5.1) False alarms. The fire code official is authorized to seek cost recovM, for a fire department response to an alarm system activation which is determined to be a false alarm caused by system malfunction; system misuse or other non -emergency causes. S 90;-20-.--4 (90'9.5+.'_) False alarm frequency-. The cost recovery- fee will be charged for all responses after the second false alarm in a calendar year. 1 15Z. 98.8=3 (9.9.5.3) False alarm fee. The amount of the cost recovery fee will be as set forth in the City of Atascadero User Fees Schedule" Additional fees may be char7ed for extraordinar: circumstances. 44r;04; r. t t t r� .t o t�, t n� t t ..a S'viT:2T2'iwz—IcmTai�'S'��7'.`_^'tTrti"rxaYca�r' 'a morethafi!no feet r7 l OF 44e is edvi@;'vifige F.. ;4e mit t _4-1. �3�-3ir7�•�iii@F{�i�33ii - r� 'fit-�i�Cl�:-��2 Sign ShRA be i" the 96 99F41 ill SeetIeHS 19l-?=. 10±1. I. ifid 191 } (rj add Section 1411.3 to read as follows: 1411.3 Temporary exit signage. All buildings under construction or undergoing demolitio;t shall be provided with ternporanr exit signage 4vhen any one or more of the following conditions are present: 1- The building is 15,000 square feet or larger. Z. tIkhen in the opinion of the fire code official: exit signage is necessan- due to the design of the building or other unusual circumstances are present. The location and design of the exit signs shall be determined by the fire code official_ 155 (s) Amend Section 141=. I to read as follows: 1415.1 Where required. Structures under construction; alteration or demolition shall be provided with not less than one approved portable fire extinguisher in accordance with Section 906 and sized for not less than ordinary hazard as follows- 1. At each stairway on all floor levels where combustible materials have accumulated. 2. In every storage- and construction shed. 3. Additional portable fire extinguishers shall be provided where special hazards exist, includins, but not limited to, the storage and use of flammable and combustible liquids. 4. Throughout the building wider construction in sufficient quantity so travel distance does not exceed ?S feet_ S. The minimum rating for fire extin-auishers shall be 2A1 OBC_ (Ord.320 5 2 (pan-, 200 4-7.104 Modifications to the International W'ildland-Urban Interface Code. t..a) Delete _appendix C. E and G. (b) Amend Section 101.1 to read as follows: 101.1 Title. These regulations shall be known as the IN"ildland-Urban Interface Code of the C'ily of Atascadero. hereinafter rcferred to its "this code." References throughout this code to the International Building Code shall mean California Builditlg Code. References throughout this code to the International Fire Code shall mean California Building Code. 151 (c) add Section 101.1.1 to read as follows: 101.1.1 Code official designated. For the purposes of this code, the code official shall be the fire code official or building of icMl as established in thebudding construction and fire codes adopted b -,r the Cin . (d) Amend Section 104.1 to read as follows: 104.1 General. To determine the suitabilit • of alternate materials and methods and to proTI-ide for reasonable interpretations of the provisions of this code. there shall be and hereby is created a board of appeals. The board of appeals shall be the Cite Council. The building official and fire code official shall be es officio members, and shall act as secretarrn of the Board_ The board shall adopt reasonable rules and regulations for conducting its investigations and shall render decisions and findings in xriling to the code official_ with a duplicate copy 10 the applicant. (e) Amend Section i0S to be titled CERTIFICATE OF OCCUPANCY and amend Section 10S.l to read as follows: 108.1 General. A certificate of occupancy shall not be issued by the building official until the code official determines that the protect is in compliance with tlus code. (f) Amend Section 302.1 to read as follows: 302.1 Declaration. W-ildland-L rban Interface areas shall be established by the Fire Hazard Severity Zones designated by the State of California or as declared by the Cita' Councill. ff mend Chapter ` to read as follows: Stiction 501, Chahapter 5 is deleteri in its entiret%Ignition Resistant Construction shall be as set forth in Chester 7 � of the ,California , Buildfniz Code as. amended in Section 9-3 101 of ihA Atascadero Nfunicipai Code. 157 i g') Ameft4-sect _. ew5 506_2-.80f-9Fe19b er��a�psc��:ed-•cicUble��c#o€�ari�g��er ref �,i�gs��u�e"ilFe��-a��aa st�aea-be��eeart�e-€eaf eo�r�g-ar3d�ekis3�#��a�paee-et���a�e-encl�-s��a��€r�es�oppzc�..t4 nr a-BuA Saetic n--9-1- X 7 0 - a ad+ ra-lUfu ci a# -Dade_ NTRODUCED 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: ABSENT: AT TEST: CITY OF ATASCADERO Marcia McClure Torgerson, C.M.C., Roberta Fonzi Mayor City Clerk APPROVED AS TO FORM: Brian Pierik, City Attorney 159 160 Atascadcro City Council Staff Report - Public Works Department ITEM NUMBER: C - 1 DATE: 12/14/10 2011 Community Development Block Grants Draft Recommendations RECOMMENDATION: Council develop and adopt draft funding recommendations for the 2011 Community Development Block Grant (CDBG) funds: DISCUSSION: Background: The 2011 CDBG award process began in the Fall of 2010. The first of two Workshops were held throughout the County to solicit public comment on community needs. The County published a request for CDBG proposals. The City received 15 applications for CDBG funds by the deadline and one after the deadline. Total funding, based on previous levels, is anticipated to be $202,000. Final funding amounts will be released by the Department of Housing and Community Development in early 2011. CDBG funds are available for community development activities, which meet at least one of the three national objectives: 1. A benefit to low and moderate -income persons; 2. Aid in the prevention or elimination of blight; 3. Address urgent needs that pose a serious and immediate threat to the health or welfare of the community. In order for a program to qualify under the low and moderate income objective, at least 51% of the persons benefiting from the project or program must earn no more than 80% of the area median. Additionally, at least 70% of the CDBG funds must be spent toward this objective. The following criteria should also be used to guide selection of CDBG programs: 1. The proposal is consistent with the national objectives and eligibility criteria of the HUD CDBG program; 161 ITEM NUMBER: C - 1 DATE: 12/14/10 2. The proposal is consistent with the Urban County Consolidated Plan; 3. The proposal is consistent with the General Plan and other City codes/ordinances. 4. The proposal will achieve multiple community development objectives; 5. The proposal can be implemented in a timely manner, without significant environmental, policy, procedural, legal, or fiscal obstacles to overcome; and 6. The project is not financially feasible without CDBG funding. The City received the following applications for the 2011 funding cycle: Public Facilities Requested City of Atascadero — Handicapped Accessibility - Barrier Removal Projects $150,000 North County Women's Shelter — Restroom Renovation 13,000 North County Connection — Sober Living Center 5,000 People's Self Help Housing — Improvement to existing facility 23,687 Public Services - Limited to 15% of 2011 Allocation ($30,300) j Atas. Community Services Foundation — Youth Activity Scholarships 8,000 titE scadero Loaves and Fishes — Operation of Food Pantry 15,000 Big Brothers Big Sisters — Operating Expenses, Mentor Program 5,000 CAPSLO — Senior Health Screening 2,750 CAPSLO — Forty Wonderful Program 2,750 CAPSLO — Teen Academic Parenting Program 2,750 EI Camino Homeless Organization — Operations 15,000 Literacy Council — Atascadero Program* 4,000 j Senior Nutrition Program for SLO Count — Hot Lunch for Seniors 5,000 Transitional Food and Shelter — Shelter for Medically Fragile 5,000 Economic Development -Charged against 20% Administrative Cap Mission Community Services — Women's Business Program 5,000 Administration - Limited to 20% of 2010 Allocation $40,400 City Pro ram Administration Costs 40,400 Total Funds Requested $302,337 fEstimated Total Funding Available $202,000 *The application from the Literacy Council was received 5 days late as explained in the attached letter from Executive Director, Bernadette Bernardi. The application was received prior to staff's review and consideration of the other applications, and was therefore considered. The City received over $100,000 more in funding requests that is anticipated in grant rurjds. In addition there are limits related to categories of funding as described below. part of the CDBG process tonight Council must develop a draft recommendation for .. 2011 grant year that meets the funding criteria while adhering to the category limits. HO ITEM NUMBER: C - 1 DATE: 12/14/10 A copy of all applications, funding regulations and a summary of past awards has been provided with your agenda packet. Copies have also been provided in the lobby and the library for public review. Upon approval, the draft funding recommendations will be forwarded to the County for publishing along with recommendations from all participating agencies. A minimum of 30 days after publication the second workshop will be held to allow questions from applicants regarding the draft recommendations after which the draft allocations will be forwarded to City Council, with comments from the workshop, for final approval and forwarding to the County Board of Supervisors. The following is a brief explanation of the funding groups and applications within each: PUBLIC FACILITIES Public Facilities are defined as activities relating to real property, including the acquisition, construction, rehabilitation or installation of public improvements. These activities can be carried out by a grantee, subrecipient or other nonprofit. City of Atascadero — City Facilities and Infrastructure — Barrier Removal Funds Requested: $150,000 This project provides for the removal of accessibility barriers at all city facilities. Project includes, in part, sidewalk modifications, infill of sidewalk gaps, audible ramping issues, bathroom compliance upgrades, door hardware replacements, audible and visual warning systems, ramping issues and access to facilities. North County Women's Resource Center — Restroom Renovation Funds Requested: $13,000 North County Women's Resource Center provides assistance to women and children who are victims of domestic violence. Approximately 95% of their clients meet the low to very low-income criteria. The proposed project would provide for the renovation of three restrooms at the Atascadero domestic violence shelter. Some of the items to be repaired or replaced include vinyl flooring, vanities, light fixtures, tub insert walls, mirrors, sinks, toilets, and heat valves. North County Connection — Sober Living Facility in Atascadero Funds Requested: $5,000 The applicant indicates that the project goal is to acquire, rehabilitate and develop the North County Connection Resource and Recovery Center currently located at 8600 Atascadero Avenue into a residential Sober Living Facility. The proposed project has a stated budget of $80,000 consisting of a request for $30,000 in 2011 CDBG funds from the County of San Luis Obispo, $37,440 in kind labor contributions and $7,560 in secured private funds. 163 ITEM NUMBER: C - 1 DATE: 12/14/10 Staff has concerns about the applicant's ability to complete the project within CDBG time requirements due to the current status of the project and the approvals/funding required. People's Self Help Housing — Repair and Renovations to existing housing facility Funds Requested: $23,687 People's Self Help Housing has $15,317.70 remaining from the 2007 grant cycle earmarked for roof repair to an existing project consisting of 17 apartment units on Santa Ysabel Avenue. This funding is inadequate to perform the repair which is now estimated at approximately $30,000. People's is requesting $14,685 in 2011 funding to augment the remaining 2007 funding to fully fund the roof repair. Applicant is also requesting $6,500 to develop plans to convert the present laundry room/office/storage into a one bedroom apartment and $2,502.70 to cover administration and overhead. 'while staff supports the request for additional grant funds to complete the roof repair, request to fund architectural plans for a project that has not secured construction ;sanding is inconsistent with the historic priorities of the Council. iS41.11131LIC SERVICES - 15% cap on percentage of award from this category estimated at $30,300 this cycle. CDBG regulations allow for a wide range of public service activities, including, but not limited to: Employment services, crime prevention, child care, health services, ubstance abuse services, fair housing counseling and recreational services. Atascadero Community Services Foundation — Youth Activitv Scholarship Fund Funds Requested: $8,000 The Community Services Foundation has established a scholarship fund to allow the children of low-income families to participate in recreational and social activities. Because this program is limited to low-income families, the benefit criteria will be met. Atascadero Loaves and Fishes — Groceries for Needy Families Funds Requested: $15,000 oaves and Fishes operate an emergency food pantry for very low and low-income residents in Atascadero, Templeton, Santa Margarita, Creston and California Valley. They are requesting funds to purchase groceries. °gig Brothers/Big Sisters — Mentoring Program F,.inds Requested: $5,000 Chis organization is requesting funding to be used to operate their mentoring program ,'or children between the ages of 6 and 16. Potential volunteers are trained, interviewed 1,...4 ITEM NUMBER: C-1 DATE: 12/14/10 and screened, clients are interviewed and provided with safety materials and training and are then matched with a Big Brother or Big Sister. Community Action Partnership of San Luis Obispo County, Inc. (CAPSLO) — Forty Wonderful Program Funds Requested: $2,750 CAPSLO (formerly Economic Opportunity Commission) is requesting funding from all agencies for the "Forty Wonderful Program" which is designed to improve access to medical services, early detection and intervention of chronic diseases and reduce mortality for low-income women age 40 and older. CAPSLO — Senior Health Screening Funds Requested: $2,750 CAPSLO is also requesting funds from all agencies to support the Senior Health Screening program. Senior Health Screening is a mobile health screening program for seniors in the county. In Atascadero clinics are held at the Hagan Senior Center and California Manor Apartments. Funds would cover testing and expenses. CAPSLO — Teen Parentina Program Funds Requested: $2,750 The Teen Parenting Program ensures that pregnant and parenting teens receive prenatal, well -baby, and other health care; education and mentoring to improve pregnancy outcomes; and support to complete their high school education, improve parenting skills, reduce subsequent pregnancies, reduce social isolation, and experience a sense of connection with their peers and case manager. EI Camino Homeless Organization — Shelter Maintenance/Operation and Motel Vouchers Funds Requested: $15,000 ECHO provides shelter services to the homeless in Northern San Luis Obispo County, including Santa Margarita, Atascadero, Paso Robles, San Miguel, Creston and Shandon. Since its inception in 2001, ECHO reports that they have provided over 70,000 beds and over 117,000 hot meals to the homeless and hungry. The ECHO shelter, intake process and all ancillary services are located at the First Baptist Church, 6370 Atascadero Avenue in Atasca.dero. These funds would be used to pay for Shelter maintenance and operation. Literacy Council — Atascadero Program Funds Requested: $4,000 This organization is requesting funds to recruit and prepare volunteers as tutors. The Literacy Council operates 14 centers throughout San Luis Obispo County. This past fiscal year 505 tutors served 824 learners with 21,568 hours of tutoring. 165 ITEM NUMBER: C - 1 DATE: 12/14/10 Note: The application for the Literacy Council was submitted 5 days after the deadline. ''� �; Executive Director is requesting consideration of their application. Senior Nutrition Program of San Luis Obispo County — Hot Lunches for Seniors F=unds Requested: $5,000 Free Senior Nutrition Program operates ten dining rooms throughout San Luis Obispo County that provide hot noon time meals to seniors or delivery of meals to those that are homebound. In fiscal year 09/10, Senior Nutrition Program provided 21,125 meals to 221 seniors in the city of Atascadero. Transitional Food and Shelter — Residential Care Home for Disabled in Atascadero :Fi,.:ids Requested: $5,000 Temporary, emergency shelter for county residents who are both medically fragile and homeless, who are too ill, injured or disabled to be safely housed in an overnight homeless shelter. The clients are housed at 5 apartments in Atascadero, 4 apartments at the Anderson Hotel in SLO and 1 apartment in Arroyo Grande. ECONOMIC DEVELOPMENT/ADMINISTRATION 20% cap on percentage of award �-om this category estimated at $40,400 this cycle. _conomic Development is defined as acquiring, constructing, reconstructing, ehabilitating or installing commercial or industrial buildings, structures, and other real ,property equipment and improvements; assisting a private, for-profit business through loans, grants, interest subsidies, or providing economic development services in k°onnection with otherwise eligible CDBG economic development activities. Mission Community Services Corporation — Women's Business Center Program =sands Requested: $5,000 The Women's Business Center program is established by the U.S. Small Business administration. The purpose of the program is to provide introductory and in-depth repreneurial training to underserved women, minorities, displaced workers, veterans and other population groups. City of Atascadero — CDBG Program Administration Funds Requested: $40,400 Costs associated with the administration of the Community Development Block Grant r)rogram. Significant staff time from Administration, Public Works and Administrative `_J:)rvices is required for grant administration, payment processing and coordination with L: ounty Planning staff. 66 ITEM NUMBER: C - 1 DATE: 12/14/10 If administration costs exceed the funding allocation, remaining cost of administering the program will need to be paid from the general fund. FISCAL IMPACT: Available funds are estimated at $202.000 for the 2011 cycle. ALTERNATIVES: Awards must meet program requirements, providing a minimum of 70% of funding for benefit to low and moderate -income persons, and no more than 15% can be allocated to the public service category. ATTACHMENTS: Attachment A: Letter from Literacy Council dated October 27, 2010 Attachment B: Past Year's "Public Service" Awards NOTE: A complete packet of submitted applications is available for public review at the City of Atascadero, 6907 EI Camino Real. 167 0yRilh (�, Y i� I . 1 AC 9f5 d4 COUNCIL 1 October 27. ?014 Valerie 1luntphren Public V arks Department Citv of Atascadero 6902 El Canino peal Atascadero, CA 93422 Dear ;'els. l Iumphrcy. ITEM NUMBER: C — 1 DATE: 12/14/10 Attachment "A" b, P,r,me, .irl rate t he1., . x� c.*l:{ao C � t I ouTrri r..... a,n.y Enclosed is the Literacy Council's CDBG Application for 201 1. Todt %'s mailint is five days after the posted duo date of October 22, 2010. 1 fully understand that yott need not accept this late application or submit this request to the mayor and city council mcnlhcrs of" Atascadiro, though 1 would ver. llruch appreciate it if you Would, This application is Lite because of my oversight. I f6rgot that CDBG proposals «ere clue to the Count}' of San Luis Ohi pa on October 22. ` 010 and onIN realized today chat I had missed the deadlinc. Please consider the 1_,1teracy Council's past diligence in both applyinx and reporting for C:DBG funds while deliberating on this request for late acceptance of our application. Please lorw and this rCyucst to excu c my rnistakv :and accept the enclosed C:DBG Application for ^_t.711 funds to the mayor and eitc council ancntbcrs. 7 ]tank you. I look forc'varding to hezuring from you regarding tarn next step, in this process. Cordially. Hemndette Bernardi ExecutiN-e Director Enclosure: as stated III(iLT..RASTREET SUt71 ID! ",V,, [!'.Iscl[I1 I1.),i14',4iJ1 7 ;.s s;l1 .4219 • I,00 549-+t"19 * V,q_A i1:4 j ?Idl,6(,IaI t f ia':el � 17;[L�CLiI('1 � �u to iE'_Ft15t 11 Cf"ICV-0[n+. ITEM NUMBER: C - 1 DATE: 12/14/10 Attachment "B" PAST YEARS "PUBLIC SERVICE" AWARDS PUBLIC SERVICE 2009 2010 TOTAL 2009 & 2010 BIG BROTHERS BIG SISTERS $ 1,960 $ 1624 $ 3,584 COMMUNITY SERVICES FOUND. $ 2,519 $ 3,248 $ 5,767 E.C.H.O. S 12,750 $ 6,238 $ 28,988 LITERACY COUNCIL $ 980 $ 1,083 S 2,063 LOAVES AND FISHES $ 6,860 $ 8,119 $ 14,979 PSHHC - Foreclosure Prevention $ 980 n/a $ 980 SENIOR NUTRITION PROGRAM OF SLO $ 980 $ - $ 980 TOTAL ALLOCATED S 27,029 $ 30,312 $ 57,341 169 170 ITEM NUMBER: C - 2 DATE: 12/14/10 Atascadero City Council Staff Report - Administrative Services Department Fiscal Year 2000-2010 Audit RECOMMENDATION: Council review and accept the financial audit for the period ended June 30, 2010. DISCUSSION: The Audit firm of Moss, Levy, and Hartzheim performed a full audit of the financial statements and found that the City presented fairly and accurately the City's financial position, and further that the reporting was in conformity with generally accepted accounting standards. Although the free -fall of the economy has dissipated, a turn -around has not yet been realized, based on 2009-10 fiscal year totals. The General Fund saw a slight improvement over what was budgeted, but this was due to tough decisions and hard work, not to economic recovery. About $1.06 million in General Fund reserves was budgeted to be used during the 2009/2010 fiscal year, consistent with the Council -established Fiscal Strategy. The year ended with a General Fund loss of about $716,000, an improvement over the budget of about $345,000. General Fund reserves were about $7.5 million at the end of the fiscal year. The City is fully solvent and does not have any going concern issues. Results from the prior fiscal year can help to indicate the fiscal health of the organization. That information can also be used as a managerial tool to evaluate if any adjustments need to be made as the City moves forward. As the revenues show, and most economists would agree, the economic crisis is not over yet. Some economists continue to believe that things will get better from here, and some still argue that there may be a "W" affect; the economy may get a little better for a bit and then drop back down, and then get better again. While this news is somewhat encouraging, there is likely some time before a significant long-term improvement will be seen. 171 ITEM NUMBER: DATE: REVENUES Below is a table comparing 2008/2009 and 2009/2010 fiscal years. PropertyTax Sales tax Other Taxes Intergovernmental FEMA/OES Other Grants ervice Charges Mutual Aid Public safety Development Recreation, zoo, parks & pavilion Inte rest Interfund charges O'Lhe r CFD Transfer Total revenues Employee services Operating supplies & services Special purchases Capital outlay Debt service Total expenses NET INCOME COMPARATIVE INCOME STATEMENT 2008/2009 2009/2010 Actuals Actuals Change C-2 12/14/10 $ Change $ 7,654,487 $ 7,233,564 -5.5% $ (420,923) 3,019,523 2,583,898 -14.4% (435,625) 1,739,497 1,650,747 -5.1% (88,750) 168,576 167,829 -0.4% (747) 11,914 6,912 -42.0% (5,002) 53,164 134,775 153.5% 81,611 887,899 518,053 -41.7% (369,846) 295,007 245,243 -16.9% (49,764) 806,447 525,876 -34.8% (280,571) 569,707 593,191 4.1% 23,484 311,177 171,216 -45.0% (139,961) 1,020,251 1,240,421 21.6% 220,170 322,918 276,240 -14.5% (46,678) 302,952 267,130 -11.8% (35,822) $ 17,163,519 $ 15,615,095 -9.0% $ (1,548,424) $ (13,308,638) $ (12,061,133) (5,142,995) (293,071) (31,082) (41 ,517) (18,817,303) $ (1,653,784) (4,097,216) (165,194) (7,371) (16,330,914) $ (715,819) 9.4% $ 1,247,505 -20.3% 1,045,779 -43.6% 127,877 -76.3% 23,711 -100.0% 41,517 -13.2% $ 2,486,389 Both revenues and expenses are down from the prior year. Revenues are $1.5 million under the prior year, concentrated primarily in the City's historically three top revenue z�)i�r es: Property Tax, Sales Tax and Development revenue. -r!Z ITEM NUMBER: C - 2 DATE: 12/14/10 The year -over -year reduction in these three revenues composed almost 75% of the $1.5 million drop in revenues. Another $370,000 of the reduction was due to lower levels of activity in mutual aid response EXPENSES Employee services came in $1.2 million under the prior year. This was a combination of chilled positions, leaner overtime, and a reduction in the need for mutual aid response. Another $1 million was cut out of operating costs as compared to 2008/2009. This was a result of continued tough decisions, hard work, and commitment from the entire City team. AUDIT REPORT The audit report summarizes the City's financial performance for the fiscal year and provides an overview of financial activities for the year. It is a useful big -picture tool to manage long-term fiscal health of the City. The Management Discussion and Analysis discusses the financial highlights, gives an overview of the financial statements, and provides a financial analysis of the City's funds. After that, summarized information on all of the City's funds can be found. The Notes to the Financial Statements include additional details and explanations of the figures in the Statements to give the reader a better understanding of the complete fiscal performance of the City. The last section of the report includes detailed information on the balance of each of the funds and their activity. The report was audited by a local independent audit firm, Moss, Levy, and Hartzheim, and as seen on the Independent Auditor's Report on page 1, was found be to in conformity with generally accepted accounting principles. FISCAL IMPACT: None. ATTACHMENT: 1. Fiscal Year 2009-2010 Audited City Financial Statements Due to the length of the attachment, it is not included with the staff report; however, it may be viewed in its entirety in the office of the City Clerk or on the City's webpage, www.atascadero.org. 173 �L