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052212 CC Agenda-combined
. yl 'a`$ i979CITY OF A TASCADERO CITY COUNCIL AGENDA Tuesday, May 22, 2012 6:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California REGULAR SESSION — CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Pro Tem O'Malley ROLL CALL: Mayor Kelley Mayor Pro Tem O'Malley Council Member Clay Council Member Fonzi Council Member Sturtevant APPROVAL OF AGENDA: Roll Call PRESENTATION: 1. Recognition of Berean Baptist Church Volunteers for Their Assistance with the Zoo and Lake Park Clean-up Effort 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. April 2012 Accounts Payable and Payroll ■ Fiscal Impact: $2,688,013.19. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for April 2012. [Administrative Services] 2. Broker of Record Designation for Health Insurance Services ■ Fiscal Impact: The cost for consulting services are built into the annual premium and will be charged at the same rate as the City's current consultant, so there will be no increase in cost. If Keenan is successful in reducing the City's premium costs, there could be a net savings to the City. ■ Recommendation: Council authorize the City Manager to execute a Broker of Record Designation for Health Insurance Services. [Administrative Services] 3. Six-Month Update on City Hall Friday Closures ■ Fiscal Impact: Friday closures have reduced overtime and have allowed the City to operate with fewer staff. ■ Recommendation: Council receive and file this report. [City Manager] 4. Approval to Offer a Fall Special Rate for Private Rentals of the Pavilion on the Lake on Saturdays from September through November of 2012 ■ Fiscal Impact: The City will receive $300 less per booking for private party rentals from September through November 2012; however this action is expected to increase revenue due to increased rental activity. Staff hopes that the special rate will generate additional business for dates now open at the Pavilion this fall. The results of the special promotion and fall rates will be evaluated at the end of the fall. ■ Recommendation: Council approve a fall special discount of $300.00 for private rentals of the Pavilion on the Lake on Saturdays from September through November of 2012. [Community Services] 5. Temporary Closure - Colony Days Parade Route ■ Fiscal Impact: No net fiscal impact to the General Fund, as the road closure fee covers the staff time and equipment required for traffic control and clean-up related to this event (estimated at $2,600.00). ■ Recommendation: Council adopt the Draft Resolution establishing a temporary Colony Days Parade Route on Saturday, October 20, 2012, and establishing associated tow-away and "No Parking" zones and road closures from October 18 — 21, 2012, on the dates, times and locations as specified in the Draft Resolution. [Public Works] 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 record before making your presentation. Comments made during Community Forum will not be a subject of discussion. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council. Any members of the public who have questions or need information, may contact the City Clerk's Office, between the hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or mtorgerson6a�atascadero.org.) B. PUBLIC HEARINGS: 1. Proposed Anti-Scavenging Ordinance ■ Ex Parte Communications: ■ Fiscal Impact: None. ■ Recommendations: Council introduce for first reading by title only, the Draft Ordinance adding Section 6-4.20 to Chapter 4 of Title 6 of the Atascadero Municipal Code, creating an infraction offense for unauthorized individuals who engage in scavenging activities. [Police] 2. Weed Abatement — Hearing of Objections ■ Ex Parte Communications: ■ Fiscal Impact: None. Costs of the weed abatement program are recovered through the assessments charged to non-compliant parcels that must be abated by the City Contractor. Those property owners that comply with the Municipal Code are not assessed or charged. ■ Recommendations: Council: 1. Hear all objections to the proposed removal of vegetative growth and/or refuse and allow or overrule any objections; and, 2. Authorize the Fire Chief to proceed and perform the work of abatement. [Fire] C. MANAGEMENT REPORTS: 1. Report on Insurance Services Offices (ISO) Public Protection Classification Summary ■ Fiscal Impact: There is no direct fiscal impact for the City. However, there is potentially significant fire insurance savings for property owners. ■ Recommendation: Council receive and file the Insurance Services Office (ISO) Public Protection Classification Summary Report. [Fire] 2. Proposed Donation of a Downtown Clock in Memory of Joanne Main by the Atascadero Wine Festival Committee ■ Fiscal Impact: None at this time. The clock will use a minimal amount of electricity, and the annual maintenance is expected to be very low for several years. ■ Recommendation: The Parks and Recreation Commission recommends the Council review and approve the proposed downtown clock in memory of Joanne Main, to be located at the corner of EI Camino Real and East Mall. [Community Services] 3. Draft Response to Grand Jury Report Regarding Vacation and Sick Leave Accrual ■ Fiscal Impact: None. ■ Recommendation: Council approve the Draft Response to Grand Jury Report and authorize the City Manager to execute the Draft Response. [City Attorney] 4. Draft Response to Grand Jury Report - "Citizen Complaints and Internal Affairs Investigations" ■ Fiscal Impact: None. ■ Recommendation: Council approve the Draft Response to the Grand Jury Report Form and authorize the City Manager to execute the document on the City Council's behalf. [City Manager] 5. Central Coast Water Board Stormwater Requirements for New and Redevelopment Projects ■ Fiscal Impact: None. ■ Recommendation: Council receive an informational update regarding the Water Board's Joint Effort for Hydromodification Control on the Central Coast. [Public Works] COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) 1. Mayor Bob Kelley and Mayor Pro Tem Tom O'Malley Promotions Committee Update -- Mayor Kelley and Mayor Pro Tem O'Malley are requesting Council consensus to add a future agenda item regarding promotion activities. D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor Kelley 1. Atascadero State Hospital Advisory Committee 2. City of Atascadero Design Review Committee 3. City of Atascadero Finance Committee 4. County Mayors Round Table 5. Economic Vitality Corporation, Board of Directors (EVC) 6. Homeless Services Oversight Council 7. Oversight Board for the Successor Agency to the Community Redevelopment Agency of Atascadero Mayor Pro Tem O'Malley 1. City / Schools Committee 2. Integrated Waste Management Authority (IWMA) 3. League of California Cities — CITIPAC Board Member 4. SLO Council of Governments (SLOCOG) 5. SLO Regional Transit Authority (SLORTA) Council Member Fonzi 1. Air Pollution Control District 2. City of Atascadero Design Review Committee 3. City of Atascadero Finance Committee 4. SLO Local Agency Formation Commission (LAFCo) - alternate Council Member Sturtevant 1. City / Schools Committee 2. Community Action Partnership of SLO County 3. League of California Cities — Council Liaison E. INDIVIDUAL DETERMINATION AND / OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURNMENT Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the May 22, 2012 Regular Session of the Atascadero City Council was posted on May 15, 2012, 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 15`h day of May, 2012, at Atascadero, California. Victoria Randall, Deputy City Clerk City of Atascadero City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. unless there is a Community Redevelopment Agency meeting commencing at 6:00 p.m. in which event the Council meeting will commence immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held at the City Hall Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped for future playback. Charter Communication customers may view the meetings on Charter Cable Channel 20 or via the City's website at www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City Clerk for more information (470-3400). 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. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON 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). 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. 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 The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. ITEM NUMBER: A - 1 ?� DATE: 05/22/12 x'108 '979 -r ' ' CAD Atascader® City Council Staff Report ® Administrative Services Department April 2012 Accounts Payable and Payroll RECOMMENDATION: Council approve certified City accounts payable, payroll and payroll vendor checks for April 2012. DISCUSSION: Attached for City Council review and approval are the following: Payroll Dated 4/12/12 Checks # 29525 - 29554 $ 15,930.01 Direct Deposits 235,881.40 Dated 4/26/12 Checks # 29555 - 29579 13,383.06 Direct Deposits 231,646.91 Accounts Payable Dated 4/1/12 - 4130/12 Checks # 132599 - 132911 & EFTs 1098 - 1109 2,191,171.81 TOTAL AMOUNT $ 2,688,013.19 FISCAL IMPACT: Total expenditures for all funds is $ 2,688,013.19 CERTIFICATION: The undersigned certifies that the attached demands have been released for'pyment and that funds are available for these deman�•s!- Rachelle Rickard, D rector of Administrative Services ATTACHMENT: April 2012 Eden Warrant Register in the amount of $ 2,191,171.81 City of Atascadero Disbursement Listing For the Month of April 2012 Check Check Number Date Vendor Description Amount 1098 04/03/2012 RABOBANK, N.A. Payroll Vendor Payment 41,040.72 1099 04/03/2012 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 10,193.66 1100 04/03/2012 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 1,226.45 132599 04/06/2012 ACTIVE MEDICAL& SAFETY Accounts Payable Check 82.58 132600 04/06/2012 ADVANCED SEPTIC& SEWER SVC Accounts Payable Check 250.00 132601 04/06/2012 AIR-RITE REFRIGERATION Accounts Payable Check 867.99 132602 04/06/2012 AK&COMPANY Accounts Payable Check 2,950.00 132603 04/06/2012 ALAMEDA COUNTY SHERIFFS OFFICE Accounts Payable Check 417.00 132604 04/06/2012 ALL SIGNS AND GRAPHICS, LLC Accounts Payable Check 311.02 132605 04/06/2012 ALLIANT INSURANCE SERVICES INC Accounts Payable Check 352.30 132606 04/06/2012 AL'S SEPTIC PUMPING SVC, INC. Accounts Payable Check 3,905.00 132607 04/06/2012 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 78.67 132608 04/06/2012 AMI PIPE&SUPPLY Accounts Payable Check 1,871.68 132609 04/06/2012 AQUAMARK POOL CARE Accounts Payable Check 237.99 132610 04/06/2012 ARAMARK UNIFORM SERVICES Accounts Payable Check 478.86 132611 04/06/2012 ASCAP Accounts Payable Check 323.21 132612 04/06/2012 AT&T Accounts Payable Check 73.35 132613 04/06/2012 AT&T Accounts Payable Check 44.86 132614 04/06/2012 ATASCADERO NEWS Accounts Payable Check 679.80 132615 04/06/2012 ATASCADERO TRAFFIC WAY STORAGE Accounts Payable Check 576.00 132616 04/06/2012 BATTERY SYSTEMS Accounts Payable Check 137.91 132617 04/06/2012 BOUND TREE MEDICAL, LLC Accounts Payable Check 99.98 132618 04/06/2012 BREZDEN PEST CONTROL, INC. Accounts Payable Check 536.00 132619 04/06/2012 AARON BROWN Accounts Payable Check 179.00 132620 04/06/2012 SHIRLEY R. BRUTON Accounts Payable Check 150.00 132621 04/06/2012 BUTLER BUSINESS MACHINES Accounts Payable Check 138.35 132622 04/06/2012 CAJ.P.I.A. Accounts Payable Check 175.00 132623 04/06/2012 CALPORTLAND Accounts Payable Check 288.36 132624 04/06/2012 JOSEPH M. CARRO Accounts Payable Check 1,170.00 132625 04/06/2012 LISA CAVA Accounts Payable Check 21.31 132626 04/06/2012 CDCE, INC. Accounts Payable Check 32,465.47 132627 04/06/2012 BRADY CHERRY Accounts Payable Check 300.00 132628 04/06/2012 CHICAGO GRADE LANDFILL, INC. Accounts Payable Check 40.00 132629 04/06/2012 KATHLEEN J. CINOWALT Accounts Payable Check 255.50 132630 04/06/2012 CITY OF FRESNO Accounts Payable Check 864.00 132631 04/06/2012 KAREN CLANIN Accounts Payable Check 24.50 City of Atascadero Disbursement Listinq For the Month of April 2012 Check Check Number Date Vendor Description Amount 132632 04/06/2012 COASTAL REPROGRAPHIC SERVICES Accounts Payable Check 368.27 132633 04/06/2012 NICHOLAS E. COUGHLIN Accounts Payable Check 505.00 132634 04/06/2012 CPRS DISTRICT 8 Accounts Payable Check 230.00 132635 04/06/2012 CROP PRODUCTION SERVICES Accounts Payable Check 1,064.61 132636 04/06/2012 CRYSTAL SPRINGS WATER Accounts Payable Check 37.94 132637 04/06/2012 D4 ELECTRIC Accounts Payable Check 3,286.79 132638 04/06/2012 DAN BIDDLE PEST CONTROL SERVIC Accounts Payable Check 130.00 132639 04/06/2012 BRIAN S. DAVIN, JR. Accounts Payable Check 126.00 132640 04/06/2012 DAVIS PIPE COMPANY Accounts Payable Check 56.22 132641 04/06/2012 DANIELA. DAVIS Accounts Payable Check 409.50 132642 04/06/2012 DECOU LUMBER COMPANY Accounts Payable Check 81.49 132643 04/06/2012 DIANI BUILDING CORPORATION Accounts Payable Check 324,333,40 132644 04/06/2012 DRIVE CUSTOMS Accounts Payable Check 1,533.54 132645 04/06/2012 EARTH SYSTEMS PACIFIC Accounts Payable Check 25,923.75 132646 04/06/2012 EIKHOF DESIGN GROUP, INC. Accounts Payable Check 732,50 132647 04/06/2012 FEDERAL EXPRESS Accounts Payable Check 21.74 132648 04/06/2012 FENCE FACTORY ATASCADERO Accounts Payable Check 130.00 132649 04/06/2012 FERRELL'S AUTO REPAIR Accounts Payable Check 358.50 132650 04/06/2012 FGL ENVIRONMENTAL Accounts Payable Check 292.00 132651 04/06/2012 FLUID RESOURCE MANAGEMENT,INC, Accounts Payable Check 1,176.00 132652 04/06/2012 FOOD FOR LESS Accounts Payable Check 6.37 132653 04/06/2012 WARREN FRACE Accounts Payable Check 300.00 132654 04/06/2012 FRANCHISE TAX BOARD Accounts Payable Check 1,741.00 132655 04/06/2012 FREITAS PLUS FREITAS Accounts Payable Check 783.42 132656 04/06/2012 DAVID A. GARIBAY Accounts Payable Check 54.00 132657 04/06/2012 GAS COMPANY Accounts Payable Check 1,767.70 132658 04/06/2012 ANDREW J. GEFTAKYS Accounts Payable Check 114.00 132659 04/06/2012 GEM AUTO PARTS Accounts Payable Check 585.06 132660 04106/2012 GRISANTI HARDWARE Accounts Payable Check 22.65 132661 04/06/2012 BRADLEYA. HACKLEMAN Accounts Payable Check 792.00 132662 04/06/2012 HART IMPRESSIONS PRINT© Accounts Payable Check 244.67 132663 04/06/2012 MELINDA A. HARTMAN Accounts Payable Check 277.80 132664 04/06/2012 CHRISTOPHER HESTER Accounts Payable Check 179.00 132665 04/06/2012 HOME DEPOT Accounts Payable Check 1,350.28 132666 04/06/2012 JESSE J. HUNT Accounts Payable Check 57.60 132667 04/06/2012 INDEPENDENT STATIONERS Accounts Payable Check 41.70 132668 04/06/2012 INHOUSE SECURITY SERVICE, LLC Accounts Payable Check 508.75 City of Atascadero Disbursement Listing For the Month of April 2012 Check Check Number Date Vendor Description Amount 132669 04/0612012 J, CARROLL CORPORATION Accounts Payable Check 45.23 132670 04/06/2012 JIFFY LUBE Accounts Payable Check 34.79 132671 04/06/2012 JK'S UNLIMITED Accounts Payable Check 3,039.91 132672 04/06/2012 JOEL SWITZER DIESEL REPAIR,INC Accounts Payable Check 135.00 132673 04/06/2012 KARP LAND SURVEYS Accounts Payable Check 2,255.00 132674 04/06/2012 JAMES R. LEWIS Accounts Payable Check 250.00 132675 04/06/2012 LIFE ASSIST, INC. Accounts Payable Check 323.38 132676 04/06/2012 ANDREW M. LUCAS Accounts Payable Check 179.00 132677 04/06/2012 MAINLINE UTILITY CO. Accounts Payable Check 1,950.00 132678 04/06/2012 MICHAEL P. MCCAIN Accounts Payable Check 10.00 132679 04/06/2012 WADE MCKINNEY Accounts Payable Check 500.00 132680 04/06/2012 MID-STATE SOLID WASTE& RECYCG Accounts Payable Check 259.26 132681 04/06/2012 MILLENNIUM CONSULTING ASSC. Accounts Payable Check 3,406.44 132682 04/06/2012 MINER'S ACE HARDWARE Accounts Payable Check 146.11 132683 04/06/2012 MATTHEW J. MIRANDA Accounts Payable Check 117.00 132684 04/06/2012 MISSION UNIFORM SERVICE Accounts Payable Check 36.02 132685 04/06/2012 REON C MONSON Accounts Payable Check 30.00 132686 04/06/2012 MOORE'S YARD&TRACTOR SERVICE Accounts Payable Check 12.50 132687 04/06/2012 MICHAL S. MOSES Accounts Payable Check 1,074.91 132688 04/06/2012 MPI DOCUMENT MANAGMENT Accounts Payable Check 84.31 132689 04/06/2012 NICKSON'S MACHINE SHOP INC. Accounts Payable Check 66.00 132690 04/06/2012 NORTH COAST ENGINEERING INC. Accounts Payable Check 180.50 132691 04/06/2012 OFFICE DEPOT INC. Accounts Payable Check 719.36 132692 04/06/2012 O'REILLY AUTOMOTIVE, INC. Accounts Payable Check 68.08 132693 04/06/2012 TARA ORLICK Accounts Payable Check 19.98 132694 04/06/2012 PACIFIC COAST GYMNASTICS CENTS Accounts Payable Check 301.00 132696 04/06/2012 PACIFIC GAS AND ELECTRIC Accounts Payable Check 9,727.44 132697 04/06/2012 VOID Accounts Payable Check 0.00 132698 04/06/2012 PASO ROBLES FORD LINCOLN MERC Accounts Payable Check 65.80 132699 04/06/2012 PFEIFFER PARTNERS, INC. Accounts Payable Check 55,199.98 132700 04/06/2012 PLANT DOCTOR Accounts Payable Check 400.00 132701 04/06/2012 JASON M. PLATZ Accounts Payable Check 152.00 132702 04/06/2012 PLUS 4 ENGINEERING, INC. Accounts Payable Check 79.56 132703 04/06/2012 PROCARE JANITORIAL SUPPLY,INC. Accounts Payable Check 102.93 132704 04/06/2012 PRO-ZYME INTERNATIONAL Accounts Payable Check 12.50 132705 04/06/2012 PRW STEEL SUPPLY, INC. Accounts Payable Check 3,182.11 132706 04/06/2012 RAIN FOR RENT BAKERSFIELD Accounts Payable Check 420.00 City of Atascadero Disbursement Listing For the Month of April 2012 Check Check Number Date Vendor Description Amount 132707 04/06/2012 REVENUE&COST SPECIALISTS LLC Accounts Payable Check 6,996.60 132708 04/06/2012 RACHELLE RICKARD Accounts Payable Check 300.00 132709 04/06/2012 ROB DAVIS BACKHOE Accounts Payable Check 5,832.00 132710 04/06/2012 MICHELLE R. ROGERS Accounts Payable Check 315.00 132711 04/06/2012 SAN LUIS POWERHOUSE, INC. Accounts Payable Check 270.00 132712 04/06/2012 DAVID E. SANCHEZ Accounts Payable Check 179.00 132713 04/06/2012 SANTA MARIA TIRE, INC. Accounts Payable Check 713.68 132714 04/06/2012 SENSATIONS APPAREL Accounts Payable Check 1,410.27 132715 04/06/2012 JOHN C. SIEMENS Accounts Payable Check 418.60 132716 04/06/2012 SIGTRONICS CORP. Accounts Payable Check 338.15 132717 04/06/2012 SLO AIR POLLUTION CONTROL DIST Accounts Payable Check 392.00 132718 04/06/2012 SMITH STRUCTURAL GROUP, LLP Accounts Payable Check 290.00 132719 04/06/2012 STAPLES ADVANTAGE Accounts Payable Check 283.38 132720 04/06/2012 STAPLES CREDIT PLAN Accounts Payable Check 1,186.76 132721 04/06/2012 SUCCESSOR AGENCY TO COMM. Accounts Payable Check 31,133.00 132722 04/06/2012 SUNLIGHT JANITORIAL Accounts Payable Check 2,001.00 132723 04/06/2012 SUPERIOR CRANE&TRANSPORT Accounts Payable Check 264.00 132724 04/06/2012 TEMPLETON UNIFORMS Accounts Payable Check 204.74 132725 04/06/2012 TESCO CONTROLS, INC. Accounts Payable Check 375.00 132726 04/06/2012 RUSS THOMPSON Accounts Payable Check 300.00 132727 04/06/2012 MARCIATORGERSON Accounts Payable Check 48.96 132728 04/06/2012 UNITED STAFFING ASSOCIATES,LLC Accounts Payable Check 950.40 132729 04/06/2012 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 4,409.72 132730 04/06/2012 IWINA M. VAN BEEK Accounts Payable Check 114.00 132731 04/06/2012 VERIZON WIRELESS Accounts Payable Check 1,752.66 132732 04/06/2012 VIDEO PALACE Accounts Payable Check 6.44 132733 04/06/2012 WALLACE GROUP Accounts Payable Check 4,777.66 132734 04/06/2012 WEST COASTAUTO&TOWING, INC. Accounts Payable Check 420,00 132735 04/06/2012 WESTERN JANITOR SUPPLY Accounts Payable Check 9.22 132736 04/06/2012 WHYTAL PACIFIC Accounts Payable Check 405.00 132737 04/06/2012 WILLDAN FINANCIAL SERVICES Accounts Payable Check 6,393.22 132738 04/06/2012 KAREN B.WYKE Accounts Payable Check 26.40 132739 04/06/2012 WYSONG CONSTRUCTION CO. Accounts Payable Check 316,159.88 132740 04/09/2012 COUNTY OF SAN LUIS OBISPO Accounts Payable Check 48,354.80 132741 04/10/2012 ALLSTATE WORKPLACE DIVISION Payroll Vendor Payment 3,701.92 132742 04/10/2012 PREFERRED BENEFITS INSURANCE Payroll Vendor Payment 9,719.97 City of Atascadero Disbursement Listinq For the Month of April 2012 Check Check Number Date Vendor Description Amount 1101 04/12/2012 STATE DISBURSEMENT UNIT Payroll Vendor Payment 856.81 1102 04/13/2012 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM Payroll Vendor Payment 42,415.84 1103 04/13/2012 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEE Accounts Payable Check 56,506.14 132743 04/13/2012 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 760.00 132744 04/13/2012 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 40.00 132745 04/13/2012 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 1,254.00 132746 04/13/2012 FLEX-PLAN SERVICES INC. Payroll Vendor Payment 2,717.07 132747 04/13/2012 FRANCHISE TAX BOARD Payroll Vendor Payment 300.00 132748 04/13/2012 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9,217.11 132749 04/13/2012 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 409.55 132750 04/13/2012 SEIU LOCAL 620 Payroll Vendor Payment 804.71 132751 04/13/2012 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 311.61 132752 04/13/2012 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 1,761.20 132754 04/13/2012 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 6,512.20 132755 04/13/2012 CHEVRON&TEXACO BUS, CARD Accounts Payable Check 1,945.77 132756 04/13/2012 SHELL Accounts Payable Check 864.20 132757 04/13/2012 WRIGHT EXPRESS FSC-76 FLEET Accounts Payable Check 296.36 132758 04/13/2012 WRIGHT EXPRESS FSC-76 UNIVERSL Accounts Payable Check 13,808.70 1104 04117/2012 RABOBANK, N.A. Payroll Vendor Payment 41,290.39 1105 04/17/2012 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 10,245,37 1106 04/17/2012 EMPLOYMENT DEV, DEPARTMENT Payroll Vendor Payment 1,158.29 132759 04/20/2012 A&TARBORISTS, INC. Accounts Payable Check 1,770.00 132760 04/20/2012 MATTHEW R. AANERUD Accounts Payable Check 122,03 132761 04/20/2012 AGP VIDEO, INC. Accounts Payable Check 3,612.50 132762 04/20/2012 ALL SIGNS AND GRAPHICS, LLC Accounts Payable Check 744.32 132763 04/20/2012 ALLIANT INSURANCE SERVICES INC Accounts Payable Check 661.87 132764 04/20/2012 AMERICAN CANCER SOCIETY Accounts Payable Check 190.00 132765 04/20/2012 AMERICAN MARBORG Accounts Payable Check 54.54 132766 04/20/2012 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 632.46 132767 04/20/2012 ANTECH DIAGNOSTICS Accounts Payable Check 403.90 132768 04/20/2012 ARAMARK UNIFORM SERVICES Accounts Payable Check 372.47 132769 04/20/2012 AT&T Accounts Payable Check 98.42 132771 04/20/2012 AT&T Accounts Payable Check 900.85 132772 04/20/2012 AT&T Accounts Payable Check 170.23 132773 04/20/2012 ATASCADERO 76 Accounts Payable Check 32.28 City of Atascadero Disbursement Listing For the Month of April 2012 Check Check Number Date Vendor Description Amount 132774 04/20/2012 ATASCADERO DOOR COMPANY Accounts Payable Check 700.16 132775 04/20/2012 ATASCADERO HAY& FEED Accounts Payable Check 1,457.81 132776 04/20/2012 ATASCADERO NEWS Accounts Payable Check 612.00 132777 04/20/2012 ATASCADERO UNIFIED SCHOOL DIST Accounts Payable Check 3,625.00 132778 04/20/2012 BASSETT'S CRICKET RANCH,INC. Accounts Payable Check 203.87 132779 04/20/2012 TANYA BECK Accounts Payable Check 40.00 132780 04/20/2012 BELL'S PLUMBING REPAIR, INC. Accounts Payable Check 345.00 132781 04/20/2012 BERRY MAN, INC. Accounts Payable Check 1,160.65 132782 04/20/2012 BLUEPRINTER Accounts Payable Check 16.17 132783 04/20/2012 BRADS OVERHEAD DOORS, INC. Accounts Payable Check 450.00 132784 04/20/2012 BRUMIT DIESEL, INC. Accounts Payable Check 4,502.35 132785 04/20/2012 BURKE,WILLIAMS, & SORENSON LLP Accounts Payable Check 24,313.48 132786 04/20/2012 CAL PERS Accounts Payable Check 2,714.40 132787 04/20/2012 CALPORTLAND Accounts Payable Check 2,010.49 132788 04/20/2012 CASH Accounts Payable Check 400.00 132789 04/20/2012 CASH Accounts Payable Check 300.00 132790 04/20/2012 CENTRAL COAST HEALTHCARE,APMC Accounts Payable Check 20.00 132791 04/20/2012 CENTRAL COAST SEAFOOD Accounts Payable Check 827,90 132792 04/20/2012 CHARTER COMMUNICATIONS Accounts Payable Check 962.90 132793 04/20/2012 COASTAL COPY, LP Accounts Payable Check 117.46 132794 04/20/2012 COASTAL REPROGRAPHIC SERVICES Accounts Payable Check 113.26 132795 04/20/2012 DEBORAH COOPER Accounts Payable Check 35.00 132796 04/20/2012 CORELOGIC INF, SOLUTIONS, INC. Accounts Payable Check 100.00 132797 04/20/2012 CRYSTAL SPRINGS WATER Accounts Payable Check 327.88 132798 04/20/2012 CULLIGAN INDUSTRIAL WATER SYST Accounts Payable Check 70.00 132799 04/20/2012 MATTHEW J. CURRY Accounts Payable Check 165.00 132800 04/20/2012 DAKOS LAND SURVEYS, INC. Accounts Payable Check 4,545.00 132801 04/20/2012 BRIAN S. DAVIN, JR, Accounts Payable Check 162.00 132802 04/20/2012 DECOU LUMBER COMPANY Accounts Payable Check 577.62 132803 04/20/2012 LINDA DEICK Accounts Payable Check 40.00 132804 04/20/2012 DEPARTMENT OF CONSERVATION Accounts Payable Check 119.82 132805 04/20/2012 DIANI BUILDING CORPORATION Accounts Payable Check 128,884.21 132806 04/20/2012 DISH NETWORK, LLC Accounts Payable Check 98.99 132807 04/20/2012 DOCUTEAM Accounts Payable Check 60.72 132808 04/20/2012 DRIVE CUSTOMS Accounts Payable Check 2,045.62 132809 04/20/2012 EARTH SYSTEMS PACIFIC Accounts Payable Check 26,845.01 132810 04/20/2012 ED'S FLY MEAT, INC. Accounts Payable Check 146.00 City of Atascadero Disbursement Listing For the Month of April 2012 Check Check Number Date Vendor Description Amount 132811 04/20/2012 EL CAMINO CAR WASH LLC Accounts Payable Check 14.95 132812 04/20/2012 EL CAMINO VETERINARY HOSP Accounts Payable Check 74.76 132813 04/20/2012 EMPLOYEE BENEFIT SPEC., INC. Accounts Payable Check 50.00 132814 04/20/2012 ESCUELA DEL RIO Accounts Payable Check 400.00 132815 04/20/2012 FAILSAFE TESTING Accounts Payable Check 957.25 132816 04/20/2012 FARM SUPPLY COMPANY Accounts Payable Check 31.60 132817 04/20/2012 FERRELL'S AUTO REPAIR Accounts Payable Check 570.11 132818 04/20/2012 FIRST TRANSIT, INC. Accounts Payable Check 20,038.42 132819 04/20/2012 FLUID RESOURCE MANAGEMENT,INC. Accounts Payable Check 27,798.16 132820 04/20/2012 KEN FORMAN Accounts Payable Check 10.00 132821 04/20/2012 FOSTER FARMS DAIRY Accounts Payable Check 373.03 132822 04/20/2012 FRAZEE INDUSTRIES, INC. Accounts Payable Check 245.35 132823 04/20/2012 DAVID A. GARIBAY Accounts Payable Check 54.00 132824 04/20/2012 GAS COMPANY Accounts Payable Check 557.55 132825 04/20/2012 ANDREW J. GEFTAKYS Accounts Payable Check 228.00 132826 04/20/2012 GEM AUTO PARTS Accounts Payable Check 343.49 132827 04/20/2012 GENERAL SERVICES ADMINISTATION Accounts Payable Check 35.76 132828 04/20/2012 GREENSCAPE AERATION CO. Accounts Payable Check 410.00 132829 04/20/2012 GRISANTI HARDWARE Accounts Payable Check 8.19 132830 04/20/2012 HART IMPRESSIONS PRINT© Accounts Payable Check 98.60 132831 04/20/2012 INDEPENDENT ELECTRIC SUPPLY,IN Accounts Payable Check 10,001.06 132832 04/20/2012 INFORMATION TECHNOLOGY Accounts Payable Check 732.46 132833 04/20/2012 EVELYN R. INGRAM Accounts Payable Check 784.00 132834 04/20/2012 IRON MOUNTAIN RECORDS MGMNT Accounts Payable Check 216.47 132835 04/20/2012 J. CARROLL CORPORATION Accounts Payable Check 711.15 132836 04/20/2012 CAROL D. JANSSEN Accounts Payable Check 802.74 132837 04/20/2012 JIFFY LUBE Accounts Payable Check 76.25 132838 04/20/2012 KPRL 1230 AM Accounts Payable Check 320.00 132839 04/20/2012 L.N. CURTIS&SONS Accounts Payable Check 21.04 132840 04/20/2012 LANDSCAPES BY STACH Accounts Payable Check 250.00 132841 04/20/2012 LEE WILSON ELECTRIC CO. INC Accounts Payable Check 1,428.00 132842 04/20/2012 BECKY MAXWELL Accounts Payable Check 66.05 132843 04/20/2012 MICHAEL BRANDMAN ASSOCIATES Accounts Payable Check 37,531.00 132845 04/20/2012 MINER'S ACE HARDWARE Accounts Payable Check 1,397.06 132846 04/20/2012 MISSION COMMUNITY BANK Accounts Payable Check 28,267.20 132847 04/20/2012 MISSION UNIFORM SERVICE Accounts Payable Check 72.04 132848 04/20/2012 MWI VETERINARY SUPPLY Accounts Payable Check 14.41 City of Atascadero Disbursement Listinq For the Month of April 2012 Check Check Number Date Vendor Description Amount 132849 04/20/2012 NBS Accounts Payable Check 11,585.02 132850 04/20/2012 NORTHERN ENERGY Accounts Payable Check 721.61 132851 04/20/2012 OFFICE DEPOT INC. Accounts Payable Check 162.89 132852 04/20/2012 PACIFIC GAS AND ELECTRIC Accounts Payable Check 19,176.92 132853 04/20/2012 PANDA COMMUNICATIONS, INC Accounts Payable Check 639.85 132854 04/20/2012 PARADISE COALITION, INC. Accounts Payable Check 430.80 132855 04/20/2012 PASO ROBLES FORD LINCOLN MERC Accounts Payable Check 210.15 132856 04/20/2012 PERRY'S ELECTRIC MOTORS& CTRL Accounts Payable Check 6,099.32 132857 04/20/2012 PERRY'S PARCEL& COURIER SVC Accounts Payable Check 345.78 132858 04/20/2012 PETTY CASH-FINANCE DEPARTMENT Accounts Payable Check 367.99 132859 04/20/2012 PETTY CASH-FIRE DEPARTMENT Accounts Payable Check 28.92 132860 04/20/2012 JASON M. PLATZ Accounts Payable Check 57.00 132861 04/20/2012 PROCARE JANITORIAL SUPPLY,INC. Accounts Payable Check 90827 132862 04/20/2012 PROFESSIONAL AUTOMOTIVE Accounts Payable Check 186.24 132863 04/20/2012 PRP COMPANIES Accounts Payable Check 1,162.00 132864 04/20/2012 QUALITY CODE PUBLISHING, LLC Accounts Payable Check 778.20 132865 04/20/2012 RAIN FOR RENT BAKERSFIELD Accounts Payable Check 5,412.59 132866 04/20/2012 RAMINHA CONSTRUCTION, INC. Accounts Payable Check 5,605,00 132867 04/20/2012 RECOGNITION WORKS Accounts Payable Check 79.05 132868 04/20/2012 S.W. MARTIN &ASSOCIATES Accounts Payable Check 11,083.33 132869 04/20/2012 SAFETY DRIVERS ED., LLC. Accounts Payable Check 34.30 132870 04/20/2012 SAN LUIS POWERHOUSE, INC, Accounts Payable Check 543.77 132871 04/20/2012 SANTA MARGARITA CONST. CORP. Accounts Payable Check 254,404.80 132872 04/20/2012 SCHLEGEL SAND, GRAVEL, & LAND Accounts Payable Check 646.51 132873 04/20/2012 SENSATIONS APPAREL Accounts Payable Check 24,00 132874 04/20/2012 SIEMENS WATER TECHNOLOGIES Accounts Payable Check 30,356.00 132875 04/20/2012 SLO CO HEALTH AGENCY Accounts Payable Check 1,383.00 132876 04/20/2012 SLO COUNTY HEALTH Accounts Payable Check 60,406.25 132877 04/20/2012 SLO COUNTY SHERIFF Accounts Payable Check 345.00 132878 04/20/2012 STANLEY CONVERGENT SECURITY Accounts Payable Check 453.28 132879 04/20/2012 SUNLIGHT JANITORIAL Accounts Payable Check 1,064.00 132880 04/20/2012 TEMPLETON UNIFORMS Accounts Payable Check 33.49 132881 04/20/2012 TEXAS REFINERY CORP. Accounts Payable Check 584.37 132882 04/20/2012 TRAUMA INTERVENTION SPECIALIST Accounts Payable Check 600.00 132883 04/20/2012 TURF STAR, INC. Accounts Payable Check 82.62 132887 04/20/2012 U.S. BANK Accounts Payable Check 15,665.31 132888 04/20/2012 UNCLE'S BAITS Accounts Payable Check 61.95 City of Atascadero Disbursement Listing For the Month of April 2012 Check Check Number Date Vendor Description Amount 132889 04/20/2012 UNITED RENTALS NORTHWEST, INC Accounts Payable Check 48,889.62 132890 04/20/2012 UNITED STAFFING ASSOCIATES,LLC Accounts Payable Check 1,584.00 132891 04/20/2012 UNIVAR USA, INC. Accounts Payable Check 5,619.90 132892 04/20/2012 VFIS Accounts Payable Check 3,289.00 132893 04/20/2012 WALLACE GROUP Accounts Payable Check 5,109.85 132894 04/20/2012 WELL SEEN SIGN COMPANY Accounts Payable Check 32.18 132895 04/20/2012 WILBUR-ELLIS COMPANY Accounts Payable Check 507.01 132896 04/20/2012 WULFING'S BACKGROUND& POLYGR Accounts Payable Check 250.00 132897 04/23/2012 TAFT ELECTRIC COMPANY Accounts Payable Check 20,332.48 1107 04/27/2012 STATE DISBURSEMENT UNIT Payroll Vendor Payment 856.81 1108 04/27/2012 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEh Payroll Vendor Payment 42,051.92 1109 04/27/2012 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Accounts Payable Check 54,653.87 132898 04/27/2012 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 760.00 132899 04/27/2012 ATASCADERO MID MGRS ORG UNION Payro!! Vendor Payment 40.00 132900 04/27/2012 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 1,214.25 132901 04/27/2012 AXA EQUITABLE Payroll Vendor Payment 520.12 132902 04/27/2012 EMPLOYMENT DEV. DEPARTMENT Accounts Payable Check 3,097.00 132903 04/27/2012 FLEX-PLAN SERVICES INC. Payroll Vendor Payment 2,717.07 132904 04/27/2012 FLEX-PLAN SERVICES INC. Payroll Vendor Payment 170.00 132905 04/27/2012 FRANCHISE TAX BOARD Payroll Vendor Payment 300.00 132906 04/27/2012 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9,217.11 132907 04/27/2012 ICMA-RC Accounts Payable Check 125.00 132908 04/27/2012 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 412.47 132909 04/27/2012 SEIU LOCAL 620 Payroll Vendor Payment 803.35 132910 04/27/2012 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 311.61 132911 04/27/2012 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 1,761.20 $ 2,191,171.81 ITEM NUMBER: A- 2 DATE: 05/22/12 is 1979 Atascadero City Council Staff Report — Administrative Services Department Broker of Record Designation for Health Insurance Services RECOMMENDATION: Council authorize the City Manager to execute a Broker of Record Designation for Health Insurance Services. DISCUSSION: The City of Atascadero utilizes the services of an insurance broker/consultant to assist the City in negotiating rates for health insurance including medical, dental and vision. In addition to assisting the City in negotiating premiums, the company also supports City staff in managing the City's claims, appeals, health insurance information and benefit plan structure. The City currently uses Alliant Insurance Services based in Newport Beach, CA (Alliant) for this purpose. The City moved to Alliant from Wells Fargo after an extensive RFP and selection process in 2008. Alliant offered a variety of programs the City hoped to utilize and had access to a number of health insurance pools that the City ultimately joined. The City's commitment to the pool was for three years, from 2009-12. Being a member of the pool did reduce the cost of health insurance in the first year but costs have increased since that time. Staff is always looking for ways to reduce costs and for ways that services can be done more efficiently. The programs and services Alliant offers are no longer the best fit for the City. Additionally, the City is looking to possibly leave the insurance pool coordinated by Alliant based on the thought that costs could be reduced if we negotiated rates on our own. In 2008, when the City went through an extensive selection process for a full service health insurance broker, there were two companies that were preferred by City administration and the employee health benefits committee; Alliant Insurance Services and Keenan and Associates. Keenan and Associates has continued to grow in size and the number of services offered to their public sector clients has also grown. They have become a major player in the California public sector health insurance market. ITEM NUMBER: A- 2 DATE: 05/22/12 Keenan, based in Torrance, CA is the largest privately held insurance brokerage/consulting firm in California. Keenan has been providing services for over 40 years to public sector entities, and they now serve over 950 California agencies. Keenan's innovative solutions provide high quality, cost-effective insurance, employee benefits, and financial services. Additionally Keenan specializes in proprietary programs for public agencies. They are known for their aggressive negotiating techniques which include utilization of their own actuarial services to assist in demonstrating to insurance companies what their rates should be. During 2010, Keenan negotiated an average 4.8% premium reduction off initial renewal subscriptions. They currently represent over $1 .13 billion in premiums representing over 250,000 public agency staff members. As a full service consulting firm, Keenan will offer the City a variety of services including: • Negotiation of annual benefit renewals • Benefit plan design, evaluation and selection • Monitor and report on utilization trends and prepare action plans as needed • Identify and research new programs • Provide health improvement and wellness programs to employees • Manage the impacts of health care reform on the City • Legislative training and compliance • Provision of webinars and briefings on health insurance issues • Annual training sessions for employees on new developments in the law and on program components • Provide account management services including: o Claim and utilization review o Carrier and vendor installation and performance reviews o COBRA administration o Management of employee software system used for enrollments and changes to health insurance plans o Communication and enrollment assistance o Assistance with billing, claims and eligibility issues o Review of carrier contracts for accuracy o Compliance with state and federal laws and governmental reporting Staff is recommending the transition to Keenan based on their experience, negotiating ability, services provided, and on positive references from other public agencies. The employee benefits committee and city administration unanimously support the change. If Keenan is selected, staff anticipates the increases in cost for city-wide health insurance to be reduced, as well as greater support to staff in administering health insurance programs. ITEM NUMBER: A- 2 DATE: 05/22/12 FISCAL IMPACT: The cost for consulting services are built into the annual premium and will be charged at the same rate as the City's current consultant, so there will be no increase in cost. If Keenan is successful in reducing the City's premium costs, there could be a net savings to the City. ATTACHMENT: Broker of Record Designation Form ITEM NUMBER: A- 4 DATE: 05/22/12 Attachment Broker of Record Designation As of June 1,2012,the organization listed below("Client's appoints Keenan&Associates("Keenan")as the Broker of Record in connection with the following coverages: Medical,Dental,Vision,EAP,Life and AD&D, Disability, Supplemental Life and AD&D, Flexible Spending Accounts, other voluntary coverages.and such additional coverages or insurance as Client may from time-to-time request from Keenan(the"Coverages'_ This appointment rescinds any and all previous appointments Client may have made with respect to the Coverages, and shall remain in full force and effect until cancelled in writing. The parties hereby agree to the following additional terms: With respect to the Coverages, Keenan shall have the exclusive authority and right to negotiate with insurance carriers and other coverage providers on Client's behalf.Keenan shall provide those services as listed on Exhibit A attached to and made a part of this document-Client shall provide Keenan with timely and accurate information necessary to obtain the Coverages and authorizes Keenan to provide such information to prospective insurers and other coverage providers. Except for Keenan's responsibilities with respect to funds obtained from or on behalf of Client,Keenan shall not be a fiduciary of Client. As compensation for its services, Keenan shall receive commissions from insurance carriers and/or other vendors for the placement of insurance coverage. Client shall have no responsibility for the payment of any such commission to Keenan. Additional information concerning Keenan's compensation Disclosure Policy is available online at u—m•.Keenan.com or from your Keenan account representative. Disputes arising out of or relating to this designation,other agreements between the parties,or any other relationship involving Client and Keenan(whether occurring prior to,as part of,or after the signing of this Agreement) shall first be resolved by good faith negotiations between representatives of the parties with decision-making authority. If either party determines that the dispute cannot be resolved through informal negotiation then the dispute shall be submitted to non-binding mediation. The site of the mediation and the selection of a mediator shall be.determined by mutual agreement of the parties. If the dispute is not resolved through mediation within sixty(60) days following the fust notification of a request to mediate, then either party shall have the right to require the matter to be resolved by final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association,or such other arbitration procedures as may be agreed to in writing by the parties. Negotiation, mediation, and arbitration shall be the exclusive means of dispute resolution between Client and Keenan and their respective members,agents,employees and officers. The arbitration shall be conducted its the County of Los Angeles,California. Citv of Atascadero Keenan&Associates Signature, S' nattue: Bv: Wade 11icKinnev B Steve Gedestad Title: Citv Manager Title: Executive Vice President Address: 6907 El Camino Real Address: 2355 Crenshaw Blvd.,Ste.200 Atrascadero,CA 93422 Torrance,CA 90501 Tele hone: 305-470-3400 Telephone, 310 212-0363 Fax: 1 805-470-3495 Attention: Attention: Keenan&Associates—Lwense#0451.72 `<'-.: Bmker of Record Desvninon(r2) (Rev.04/30/122) Page 1 of 3 ITEM NUMBER: A-4 DATE: 05/22/12 Attachment EXHIBIT A KEEN-AN SERVICES Keenan shall provide the following Services: 1. Plan Review- — Keenan shall review- applicable benefit plan(s) and provide information and recommendations regarding insured and/or self-insured options,as requested by Client. ?. Insurance deeds Assessment—Keenan shall work with Client to determine Client's insurance needs. 3. Insurance ?Marketing Plan — Review, evaluate and negotiate insurance renewals on Client's behalf. Keenan shall prepare and present to Client its plan for marketing Client to various carriers and/or Coverage providers. In filrtherance of its plan, Keenan shall contact those markets that it has determined most likely to meet Client's needs, as made known to Keenan, but shall not necessarily contact every available market for the particular Coverage being sought.In so far as practical,Keenan shall honor Client's timely and reasonable requests to contact specific markets,but Keenan shall not be obligated to present Client to any carrier or Coverage provider which Keenan has determined would not be willing to quote Client's business or would not give a competitive quote. 4. Insurance Marketing Results — Keenan shall present to the client, in summary format, information concerning all markets and carriers approached. The summary shall include, as applicable: name of carrier and Coverage providers approached,limits,premium,and deductible. The summary shall also include the names of any carriers or Coverage providers who declined to provide a quote. 5. Review of Insurance Options—Keenan shall present,along with the Marketing Results,a comparison summary highlighting the significant terms and/or differences among the various Coverages quoted. This summary is provided for Client's convenience only. It is Client's responsibility to ask questions and to request any additional information that it deems necessary for it to make an informed decision regarding its insurance or self-insurance program. 6. Obtain Coverage — Once the Client has made its decision, Keenan shall take all steps necessary to communicate Client's decision to the carrier selected and to have the carrier or other Coverage provider bind Coverage on behalf of the Client. 7. Implementation—Keenan shall assist Client in the preparation and distribution of materials relating to the implementation of its coverage,for which client shall give final approval. 8. Ongoing Service--Keenan will provide the following Client support services: — Continued analysis of benefit plan design and performance noting available alternatives as appropriate; — Direction and support with claims resolution and other related issues; — Review of claims experience and trends; — Support with billing/eligibility concerns; — Acting as a liaison between Client and carriers and vendors and serving as a proactive Client advocate; — Responding to day-to-day benefit questions from Client; — Assisting Client with governmental reporting and filings (e.g.,5500's and Summary Annual Reports),as applicable; Keer=&Assocutes—LAcmw#03512'1 Broker of Record Desigiutioa(T2} (Rec.04r30 Z Page 2 of 3 ITEM NUMBER: A- 4 DATE: 05/22/12 Attachment — Providing information concerning current developments and trends in employee benefits and new legislation that may affect Client's plans- - Assisting in drafting, review and/or amendment of benefit plan and related documents. Any document drafted or reviewed by Keenan and approved by Client under this Agreement shall apply solely to the plan year for which the Service was provided_ They are not intended for use beyond the plan year for which they were created,reviewed or revised. Keenan shall not be held liable for any direct,punitive, special,consequential or incidental damages,loss of profit or revenue,loss of business,loss or inaccuracy of data or scope of insurance resulting from the continued use of such plan documents or SPD beyond the dates for which they were intended; — Assisting in the coordination and preparation of open enrollment,orientation,health fairs, and/or question and answer meetings for Client's employees.and — Attendance at 4 meetings of the Client's Insurance Committee. Keenan&Associates—License 00451271 K. Broken of Record Designation iT2 (Rev.04/30/12) Page 3of3 Broker of Record Designation As of June 1, 2012, the organization listed below ("Client") appoints Keenan &Associates ("Keenan") as the Broker of Record in connection with the following coverages: Medical, Dental, Vision, EAP, Life and AD&D, Disability, Supplemental Life and AD&D, Flexible Spending Accounts, other voluntary coverages. and such additional coverages or insurance as Client may from time-to-time request from Keenan (the "Coverages"). This appointment rescinds any and all previous appointments Client may have made with respect to the Coverages, and shall remain in full force and effect until cancelled in writing. The parties hereby agree to the following additional terms: With respect to the Coverages, Keenan shall have the exclusive authority and right to negotiate with insurance carriers and other coverage providers on Client's behalf. Keenan shall provide those services as listed on Exhibit A attached to and made a part of this document. Client shall provide Keenan with timely and accurate information necessary to obtain the Coverages and authorizes Keenan to provide such information to prospective insurers and other coverage providers. Except for Keenan's responsibilities with respect to funds obtained from or on behalf of Client, Keenan shall not be a fiduciary of Client. As compensation for its services, Keenan shall receive commissions from insurance carriers and/or other vendors for the placement of insurance coverage. Client shall have no responsibility for the payment of any such commission to Keenan. Additional information concerning Keenan's compensation Disclosure Policy is available online at www.Keenan.com or from your Keenan account representative. Disputes arising out of or relating to this designation, other agreements between the parties, or any other relationship involving Client and Keenan (whether occurring prior to, as part of, or after the signing of this Agreement) shall first be resolved by good faith negotiations between representatives of the parties with decision-making authority. If either party determines that the dispute cannot be resolved through informal negotiation then the dispute shall be submitted to non-binding mediation. The site of the mediation and the selection of a mediator shall be determined by mutual agreement of the parties. If the dispute is not resolved through mediation within sixty (60) days following the first notification of a request to mediate, then either party shall have the right to require the matter to be resolved by final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, or such other arbitration procedures as may be agreed to in writing by the parties. Negotiation, mediation, and arbitration shall be the exclusive means of dispute resolution between Client and Keenan and their respective members, agents, employees and officers. The arbitration shall be conducted in the County of Los Angeles, California. City of Atascadero Keenan&Associates Signature, Si nature: By. Wade McKinney By: Steve Gedestad Title: City Manager Title: Executive Vice President Address: 6907 El Camino Real Address: 2355 Crenshaw Blvd., Ste. 200 Atrascadero, CA 93422 Torrance, CA 90501 Telephone: 805-470-3400 Tele hone: 310 212-0363 Fax: 805-470-3495 Fax: Attention: Attention: Keenan&Associates—License#0451271 • Broker of Record Designation(1`2) (Rev.04/30/12) Page 1 of 3 EXHIBIT A KEENAN SERVICES Keenan shall provide the following Services: 1. Plan Review — Keenan shall review applicable benefit plan(s) and provide information and recommendations regarding insured and/or self-insured options, as requested by Client. 2. Insurance Needs Assessment—Keenan shall work with Client to determine Client's insurance needs. 3. Insurance Marketing Plan — Review, evaluate and negotiate insurance renewals on Client's behalf. Keenan shall prepare and present to Client its plan for marketing Client to various carriers and/or Coverage providers. In furtherance of its plan, Keenan shall contact those markets that it has determined most likely to meet Client's needs, as made known to Keenan, but shall not necessarily contact every available market for the particular Coverage being sought. In so far as practical, Keenan shall honor Client's timely and reasonable requests to contact specific markets, but Keenan shall not be obligated to present Client to any carrier or Coverage provider which Keenan has determined would not be willing to quote Client's business or would not give a competitive quote. 4. Insurance Marketing Results — Keenan shall present to the client, in summary format, information concerning all markets and carriers approached. The summary shall include, as applicable: name of carrier and Coverage providers approached, limits, premium, and deductible. The summary shall also include the names of any carriers or Coverage providers who declined to provide a quote. 5. Review of Insurance Options — Keenan shall present, along with the Marketing Results, a comparison summary highlighting the significant terms and/or differences among the various Coverages quoted. This summary is provided for Client's convenience only. It is Client's responsibility to ask questions and to request any additional information that it deems necessary for it to make an informed decision regarding its insurance or self-insurance program. 6. Obtain Coverage — Once the Client has made its decision, Keenan shall take all steps necessary to communicate Client's decision to the carrier selected and to have the carrier or other Coverage provider bind Coverage on behalf of the Client. 7. Implementation—Keenan shall assist Client in the preparation and distribution of materials relating to the implementation of its coverage, for which client shall give final approval. 8. Ongoing Service -- Keenan will provide the following Client support services: — Continued analysis of benefit plan design and performance noting available alternatives as appropriate; — Direction and support with claims resolution and other related issues; — Review of claims experience and trends; — Support with billing/eligibility concerns; — Acting as a liaison between Client and carriers and vendors and serving as a proactive Client advocate; — Responding to day-to-day benefit questions from Client; — Assisting Client with governmental reporting and filings (e.g., 5500's and Summary Annual Reports), as applicable; Keenan&Associates—License#0451271 • Broker of Record Designation(1'2) (Rev.04/30/12) Page 2of3 — Providing information concerning current developments and trends in employee benefits and new legislation that may affect Client's plans; — Assisting in drafting, review and/or amendment of benefit plan and related documents. Any document drafted or reviewed by Keenan and approved by Client under this Agreement shall apply solely to the plan year for which the Service was provided. They are not intended for use beyond the plan year for which they were created,reviewed or revised. Keenan shall not be held liable for any direct, punitive, special, consequential or incidental damages, loss of profit or revenue, loss of business, loss or inaccuracy of data or scope of insurance resulting from the continued use of such plan documents or SPD beyond the dates for which they were intended; — Assisting in the coordination and preparation of open enrollment, orientation, health fairs, and/or question and answer meetings for Client's employees. and — Attendance at 4 meetings of the Client's Insurance Committee. Keenan&Associates—License#0451271 4.m- Broker of Record Designation(1'2) (Rev.04/30/12) Page 3 of 3 ITEM NUMBER: A- 3 DATE: 05/22/12 9fry��J `Iola 1 itR 107 h 10M u ter_ Atascadero City Council Staff Report — City Manager's Office Six-Month Update on Friday City Hall Closure RECOMMENDATION: Council receive and file this report. DISCUSSION: As a result of reduced revenues, staffing reductions have occurred throughout City Hall. Reductions at the front counter and in the Community Services and Community Development Departments were making it difficult for staff to cover the front counter during the work week and complete their other work assignments. Staff from other departments often are needed to cover during lunches, staff meetings, illnesses and vacations. City Hall has been closed to the public on Fridays on a trial basis, beginning in November, 2011. The closure has provided an opportunity for the staff to get caught up on the processing of permits, plan checks, planning entitlements, economic development projects, record requests, mail and other business. Although the public counter and City Hall have been closed on Fridays, staff still answers phone calls and email. This report provides an update on how the closure is working. In short, staff has received very few complaints and the public has accepted the closure, and it has made a significant difference in allowing staff to keep up with permit processing, records requests, etc. Specifically, the benefits of the Friday closure have been: • Each of the City's two planners is now assigned to the counter for two days each week. During these days, questions and direct service to the public consume their time and allow little or no time to process staff reports and permits. Fridays are the day planners catch up on staff reports and planning reviews. ITEM NUMBER: A- 3 DATE: 05/22/12 • The closure has resulted in a reduction of overtime by allowing administrative staff the ability to complete Planning Commission minutes and other tasks during regular business hours with fewer interruptions. • Council and Commission agenda packets, and large mailings for business licenses, weed abatement, etc., can be completed more efficiently as staff can better focus on them. The closure has resulted in budget savings, the ability to maintain staffing level reductions, and has enabled us to continue to process permits and complete other tasks in a timely manner. In light of these benefits and our continuing budget challenges, City Hall is scheduled to remain closed on Fridays. FISCAL IMPACT: Friday closures have reduced overtime and have allowed the City to operate with fewer staff. ATTACHMENTS: None ITEM NUMBER: A- 4 DATE: 05/22/12 191l8 If178 Atascadero City Council Staff Report — Community Services Department Approval to Offer a Fall Special Rate for Private Rentals of the Pavilion on the Lake on Saturdays from September through November of 2012 RECOMMENDATION: Council approve a fall special discount of $300.00 for private rentals of the Pavilion on the Lake on Saturdays from September through November of 2012. DISCUSSION: Background: Currently, there are several weekend openings at the Pavilion for fall 2012. Typically, the fall season is primarily booked for weddings by this time of year. Staff has concluded that market conditions, and environmental and economic circumstances have contributed to the decline in bookings. These conclusions are based on qualitative feedback from potential clients that have declined to book the facility. In order to respond in a timely manner to the needs of customers, and continue to book fall 2012, it may be beneficial to run a "Fall Special" in an attempt to generate additional bookings. A proposed discounted rate of $300 off would be a temporary promotion for Saturdays only this fall. Analysis: By offering a special promotion periodically when needed to reflect market conditions, the City is proactively responding to feedback from customers and potential customers. In addition, the City will have the ability to remain competitive with other venues and continue to book events at a reasonable value to the customer and the City. The changing environment and economy can create an unforeseen need to run special promotions from time to time. The proposed $300 special discount would bring a normal Saturday private party rental from $2,600 to $2,300 for 15 hours, with set-up, etc. This special promotion may be helpful to remain competitive and continue to book the facility on Saturdays this fall. Occasional seasonal discounts or sale periods could help increase overall bookings and rental activity during slow periods. If the promotion is successful, we can evaluate our efforts and develop a long-term policy change that would enable the City to offer such special and seasonal promotions in the future, beyond this fall. If approved by the Council, the promotion would be effective only for this fall season on Saturdays for private rentals. ITEM NUMBER: A- 4 DATE: 05/22/12 FISCAL IMPACT: The City will receive $300 less per booking for private party rentals from September through November 2012; however this action is expected to increase revenue due to increased rental activity. Staff hopes that the special rate will generate additional business for dates now open at the Pavilion this fall. The results of the special promotion and fall rates will be evaluated at the end of the fall. ATTACHMENTS: Pavilion Fall 2012 Specials Package FALL SPECIALS AT THE PAVILION ON THE LAKE Available for Events Booked for September—November 2012 I'!�II III fitJ11' I SATURDAY RENTALS — Save $300 Includes use of Great Room, Community Room, Ranger House and Lobby from 9 am — 12 midnight Includes staff set-up and tear-down of tables & chairs. Only one booking per Saturday. Fully staffed from 9:00am-12:00am (15 hours). Flat Rate $2,430 Cleaning Fee (mandatory) 170 Total Saturday Rate $2,600 Pavilion Fall Special $2,300 805-470-3178 www.paviliononthelake.com Call to check availability for your event! FALL WEDDING 5FE-C1AL Pavilion on tkc LAc--- Saturcla,9 WcdclinQ' racLagc Private Party • 15 hours of use from g am — i 2 am (to include decoration time • TakIes and Chairs • Lvent Set-up and Clean-up / X91 III • Panoramic LAC views 1 • poor to Ceiling Windows • 4000 square feet of Hardwood rioors • Accommodations for 20 to 500 guests i • P5ridal Changing Room $2300 r 1► Additions: • LaLesicle Gazebo $ 1 55 for area reservation $ 1 .50 Per chair&$3 5 set up fee • Catering Service Pease see attached menus or contact Pacific Harvest Catering directly www.pacifickarvestcatering.com 805-215-5`71+ • Alcohol Service: • beer,wine and champagne are allowed (no hard liquor) • No corLage fees apply • Security Guards are required when alcohol is served. ()ne guard Per i 00 or thereof guests. $1 8.50/hour • lnsurance is required and may ke obtained for$ 176.15 • bartending service is required and may be Provided through Pacific Harvest Events for$25 Per hour, minimum of-+hours. www.pavilionontkelaLe.com 805-+70-3178 kk Pacific Harvest Events M racific Harvest ravilion rail 5peciak Ckoo,5e One of tke rollowing Menus and receive 1 O% off PW NO i u All menu Prices are subJect to tax and i 89o' gratuity Tuscan Harvest Wedding Menu $ 19.99 Per Person (ralljpecial of 10%off applied before tax and 18%gratuity. 100 guest minimum to receive special.) Appetizers: Local and imported Cheese Display with Grapes, berries & CracLers Tomato bruschetta with Grilled Crostinis Antipasti Platter Dinner: Ceasarjalad Wild Mushroom & Caramelized Onion Lasagna with a Roasted Garlic Parmesan Cream Sauce J' undried rruit&5even-Grain Rice Pilaf Seasonal Grilled rarmers MarLet Vegetables Citrus&mesh herb braised Chicken with Tire Roasted Tomatoes Assortment of Fresh baLed breads &Chive butter --Drinkjtation of Lemonade, Iced Tea & Coffee-- Complimentary CaLe Cutting& Champagne Pour 15outkern Comfort Larmers MarLet barkeque $21 .50 Per person (call jpecial of 10%off applied before tax and i 8%gratuity. 100 guest minimum to receive special.) Trag-rassed & jtationarg Appetizers: Cheese boards withjeasonal berries,Almonds &jliced E)aguettes Vegetable Crudite with Creamy r)uttermilk Dressing Heirloom Tomato bruschetta Crostinis Dinner: Pickled Red Ca66age, Cucumber, Carrot, & braised Pineapple flaw brown jugar Molasses Ru66ed jmoked Pork Herb-Marinated Grilled E)ar6ecued Chicken Wkite Cheddar Mac & Cheese Roastedjeasonal Vegetables Fresh t)aguettes & Loney utter --Drink jtation of Lavender Lemonade, Sweet Iced Tea & Coffee-- Complimentary Cake Cutting& Champagne Pour Rustic countrg Grill $22 Per Person (call`jpecial of 10%of applied before tax and 18%gratuitg. 1 00 guest minimum to receive special.) Appetizers Seasonal rruit Tray Domestic and Imported Cheese Display Assorted Crostinis with Tomato bruschetta, Olive Tapenade, and Caramelized Onion with Chevre Dinner Mixed Organic Greens with fjabyjPinachjalad, Fuji Apples, Dried Cranberries, Candied Walnuts and E)leu Cheese tossed with Pomegranate Vinaigrette Mesquite Grilled Vanilla E)rined Pork Loin with a Calvados Glaze &Apple Chutney Three Cheese Potato Gratin Roasted Red Pepper&Sweet Corn Calces Vegetable Ratatouille Assortment of mesh baked Rolls and utter -DrinL Station of Lemonade, Iced Tea & Coffee- Complimentary Cake Cutting& Champagne Pour ITEM NUMBER: A- 5 DATE: 05/22/12 1918 d. "I I 19797 MCI% A tascadero City Council Staff Report — Public Works Department Temporary Road Closure Colony Days Parade Route RECOMMENDATION: Council adopt the Draft Resolution establishing a temporary Colony Days Parade Route on Saturday, October 20, 2012, and establishing associated tow-away and "No Parking" zones and road closures from October 18 — 21, 2012, on the dates, times and locations as specified in the Draft Resolution. DISCUSSION: On Saturday, October 20, 2012, staff is proposing to close EI Camino Real, from Highway 41 to Traffic Way, from 8:00 a.m. until 1:00 p.m., to conduct the annual Colony Days Parade. The route for this year's Colony Days Parade is the same as last year and is proposed to begin and end at Olmeda Avenue. Additional road closures listed on the Draft Resolution (Attachment 1) are required for parade staging and events related to the Parade. The Annual Colony Days Parade is coordinated by the Colony Days Committee. "Tent City" and festivities following the parade will be centered in and around the Sunken Gardens. Also proposed to be closed are Palma Avenue and East and West Mall in order to serve as a staging area for several of the events and vendor booths. FISCAL IMPACT: No net fiscal impact to the General Fund, as the road closure fee covers the staff time and equipment required for traffic control and clean-up related to this event (estimated at $2,600.00). ATTACHMENTS: 1. Draft Resolution 2. Proposed Parade Route 3. Hwy 41 Detour Route Attachment 1 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA CREATING A TEMPORARY COLONY DAYS PARADE ROUTE BE IT RESOLVED by the City Council of the City of Atascadero that Colony Days parade route is hereby established as Olmeda Avenue to West Mall to Lewis Avenue to Capistrano Avenue to Santa Ysabel Avenue to El Camino Real to Traffic Way and ending at Olmeda Avenue with the Colony Day Festivities centered around the Sunken Gardens. BE IT FURTHER RESOLVED that in order to provide a reserved route for the parade, staging and associated activities, the following actions are required: Thursday, October 18, 2012 through Sunday, October 21, 2012—24 hours Establish No Parking and tow-away zone • East Mall— South-side only, from 5901B to the entrance to the City Parking Lot. Saturday, October 20, 2012—6:00 a.m. until 5:00 p.m. Establish road closure and tow-away zone • East Mall, from El Camino Real to Lewis Avenue • West Mall, from El Camino Real to Olmeda • Palma Avenue, from East Mall to West Mall Saturday, October 20, 2012—8:00 a.m. until 1:00 p.m. (Hard closure at 9:00 a.m.) Establish road closure and tow-away zone • El Camino Real, from Hwy 41 to Traffic Way • Traffic Way, from El Camino Real to Olmeda • Lewis Avenue, from Traffic Way to Capistrano • Capistrano, from Lewis Avenue to Hwy 41 • Hwy 41, from Capistrano/Santa Ysabel to El Camino Real • Palma, from West Mall to Traffic Way • All of West Mall,from El Camino Real to the Capistrano Bridge • Olmeda, from Traffic Way to West Mall • Entrada, from El Camino Real to Lewis Avenue PASSED AND ADOPTED at the regular meeting of the City Council of the City of Atascadero held on the 22nd of May, 2012. Attachment 1 On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO Bob Kelley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney Attachment 2 d0. V� Sa r A 0 �{.. /ViO P,0C4 ` V O �'G� ^r f �p tkrw � B p$ Sta9mq Amn s ®K'ra 3 Q. AO m yr9h • c� 2� 10, 110,10, O°a a� ��a ylgh��y • Sand Ys. Gip 'O7 n V h t� Q 2012 COLONY DAYS PARADE I Parade Inkymotoon Boom 6 Median Strip IStroet narrows) 2. .Lewis Bridge 7 Parade Eids 3. JudgingiAnnouncing Platlurrn 0, Anirquc'Ctassic Cam rs ♦Announcing Ptatfor 4. Median Strip{Street narrows) -a-s Eno r«or 5 Carlton Hotel Attachment 3 y ' rM 11• � ! :.�+• 0 C I7 F O N A ; ' t O n = O D O -< z M -< ( OC —0 _ D 00 ( = cm ! t --I c c Ill C3 M FM ^ _ ^ ooLCIW afire PAM +aY F Oe HCy-INAY 41 EA87 YQBT DET"FCVM Il I ITEM NUMBER: B - 1 DATE: 05/22/12 ,.mm 1918 1976 sA��ERo Atascadero City Council Staff Report — Police Department Proposed Anti-Scavenging Ordinance RECOMMENDATION: Council introduce for first reading by title only, the Draft Ordinance adding Section 6- 4.20 to Chapter 4 of Title 6 of the Atascadero Municipal Code, creating an infraction offense for unauthorized individuals who engage in scavenging activities. DISCUSSION: In 1989, the California State Legislature enacted the California Integrated Waste Management Act, establishing a solid waste management process that required cities and other local jurisdictions to implement plans for source reduction, reuse, and recycling as integrated waste management practices. In addition, under Public Resources Code Section 40059, various aspects of solid waste handling constitute matters of local concern to be governed by local agencies. Under this section, matters of local concern include, but are not limited to, frequency of solid waste collection, means of collection and transportation, level of services, charges and fees, the nature, location and extent of providing solid waste services, and whether the services are to be provided by City employees or through franchises, contracts, licenses, or otherwise. The City of Atascadero ("City") has implemented provisions for collection of solid waste, codified in Atascadero Municipal Code Title 6, Chapter 4. Under this Chapter, the City may award solid waste franchises to Contractors who are granted the privilege of collecting and disposing of refuse, garbage, rubbish and other solid waste produced within the City. Recently, the City has received complaints regarding the removal of items from solid waste containers other than by licensed solid waste contractors and, specifically, has received complaints regarding the removal of recyclable items. As defined in the proposed draft ordinance, such behavior is often referred to as "scavenging." Law enforcement has identified three primary areas of concern related to scavenging: ITEM NUMBER: B - 1 DATE: 05/22/12 1. Scavenging tends to attract nonresidents to neighborhoods where the nonresidents thereafter loiter nearby or on private property, resulting in an increase in calls for law enforcement service. 2. Scavenging concerns have been heightened in recent years due to an increase in identity theft crimes. Individuals who engage in scavenging can collect personal information about the owners of the solid waste, and can thereafter use such information to execute identity theft crimes. 3. Scavenging leads to increased amounts of trash and debris left behind by persons engaged in scavenging, particularly in local parks and public facilities. The concerns related to scavenging appear reasonable as evidenced by the Legislature's attempt to prevent certain types of scavenging. Under Public Resources Code Sections 41950 and 41951, the State prohibits unauthorized removal of recyclable solid waste and materials placed at designated recycling collection locations. Staff recommends the City Council consider adopting the Draft Ordinance to allow the City to prohibit scavenging activities by unauthorized individuals. Adoption of the Draft Ordinance and implementation of Section 6-4.20 would directly address various public health and safety concerns that have been raised by both City residents as well as law enforcement. FISCAL IMPACT: None. ALTERNATIVES: 1. Council may decide not to adopt the Draft Ordinance 2. Council may request staff to make revisions to the Draft Ordinance 3. Council may request staff to conduct further analysis of the scavenging issues prior to adoption of a scavenging ordinance. ATTACHMENT: Draft Ordinance ITEM NUMBER: B - 1 DATE: 05/22/12 Attachment DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING CHAPTER 4 OF TITLE 6 OF THE ATASCADERO MUNICIPAL CODE TO ADD SECTION 6-4.20 PROHIBITING SCAVENGING IN SOLID WASTE CONTAINERS IN THE CITY WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, ("AB 939" or the "Act") established a solid waste management process which requires cities and other local jurisdictions to implement plans for source reduction,reuse and recycling as integrated waste management practices; and, WHEREAS, Public Resources Code § 40059, implementing Article XI, § 7 of the California Constitution, provides that aspects of solid waste handling of local concern include, but are not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and the nature, location and extent of providing solid waste services, and whether the services are to be provided by City of Atascadero ("City") employees or by means of nonexclusive,partially exclusive or wholly exclusive franchise, contract, license or otherwise which may be granted by local government under terms and conditions prescribed by the governing body of the local agency; and, WHEREAS, the City has the right to award solid waste franchises to Contractors and has done so in accordance with Chapter 4 of Title 6 of the Atascadero Municipal Code; and, WHEREAS, Public Resources Code §§ 41950 and 41951 prohibit unauthorized removal of recyclable solid wastes and materials placed at designated recycling collection locations; and, WHEREAS, the City is obligated to protect the public health and safety of the residents and business owners of the City of Atascadero as well as comply with its duties to solid waste Contractors under the contracts entered into for hauling of solid wastes; and, WHEREAS, the City has received complaints regarding the removal of items from solid waste containers other than by licensed solid waste Contractors, and specifically has received complaints regarding the removal of recyclable items from solid waste containers, which recyclables are. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES HEREBY ORDAIN AS FOLLOWS: ITEM NUMBER: B - 1 DATE: 05/22/12 Attachment SECTION 1. Chapter 4 of Title 6 of the Atascadero Municipal Code is hereby amended to include a new Section 6-4.20 to be read as follows: "6-4.20 Scavenging Prohibited. (a) It is unlawful for any person to engage in the act of scavenging. For purposes of this section, "scavenging" means engaging in any of the following activities: (1) Tampering or meddling with a container for solid waste, including recyclable materials; (2) Tampering or meddling with the contents of any container for solid waste,including recyclable materials; (3) Removing the contents of any container for solid waste, including recyclable materials; (4) Removing any container for solid waste, including recyclable materials, from the location where the container has been placed by the owner of the container or owner's agent or employee; or, (5) Removing, tampering, or meddling with any solid waste, including recyclable materials, set out for collection,pursuant to the provisions of this Chapter 4, on private property or on any sidewalk, street, or public right-of-way. (b) The provisions of this section do not apply to: (1) A Contractor or its agents or employees performing under the authority of its contract; (2) A City agent performing within the authority of the City; or (3) The owner of the solid waste or of the container, including the owner's authorized agents and employees. (c) It is declared to be an infraction for any person, other than those individuals listed in subsection(b),to violate any provision of this section 6-4.20." SECTION 2. If any section, subsection, subdivision, sentence, clause,phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's office on and after the date following introduction ITEM NUMBER: B - 1 DATE: 05/22/12 Attachment and passage and shall be available to any interested member of the public. This ordinance shall be effective a 12:01 a.m. on the 31St day after its final passage. INTRODUCED at a regular meeting of the City Council held on May 22, 2012, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Bob Kelley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney ITEM NUMBER: B - 2 DATE: 5/22/12 1918 � f 19 � A tascadero City Council Staff Report — Fire Department Weed Abatement — Hearing of Objections RECOMMENDATIONS: Council: 1. Hear all objections to the proposed removal of vegetative growth and/or refuse and allow or overrule any objections; and, 2. Authorize the Fire Chief to proceed and perform the work of abatement. DISCUSSION: The Municipal Code, Section 6-13.03, addresses the abatement of vegetative growth and/or refuse, which constitute a hazard. The Fire Department conducted its initial inspection during the month of April. There are approximately 11,110 parcels within the City. Compliance with the Weed Abatement Section of our Municipal Code is a critical component of our Fuel Management Plan. The City of Atascadero does not want to be in the mowing business. The intent of this program is to encourage citizens to independently manage the weeds on their properties. An efficient Fuel Management Program helps the City keep wildland fires at a minimum and staffing down. The City charges each parcel the direct costs of the contractor plus an additional 150% fee as a fine to those properties that are not in compliance with the Municipal Code. This fee structure is intended to cover 100% of the cost of the weed abatement program, insuring that compliant property owners/tax payers do not subsidize the cost of the program. As part of the abatement process, the City Council is required to hear objections to the proposed removal of vegetative growth and/or refuse. This hearing allows any affected property owner to object to the proposed abatement of hazards on their property. ITEM NUMBER: B - 2 DATE: 5/22/12 FISCAL IMPACT: None. Costs of the weed abatement program are recovered through the assessments charged to non-compliant parcels that must be abated by the City Contractor. Those property owners that comply with the Municipal Code are not assessed or charged. ALTERNATIVES: No alternative is recommended. ATTACHMENTS: None ITEM NUMBER: C - 1 DATE: 05/22/12 6 rq.� �li9is'i rrF r � is7e CADS , fyfi Atascadero City Council Staff Report — Fire Department Report on Insurance Services Offices (ISO) Public Protection Classification Summary RECOMMENDATION: Council receive and file the Insurance Services Office (ISO) Public Protection Classification Summary Report. DISCUSSION: Fire Insurance Rates & Significance of an ISO Rating Fire Department staff has great news to share with the Council and the community. The City's "Fire Protect Class" has improved. In support of the Council's goal of improving public safety, the community can celebrate and will realize insurance rate savings. This will result in savings to home and business owners. Fire insurance rates on homes and businesses are based on many factors. These factors include the age of the building, if the structure is equipped with sprinklers, ownership (owner occupied), distance to a fire hydrant, a fire station, exits, type of construction, including the type of roofing material, and a community's ISO rating. A community's ISO rating consists of two numbers on a scale from 1-10 with 1 being the best. Atascadero's ISO rating will be a 4/9 as of July 1, 2012. All structures within five miles of a fire station and within 1000 feet of a fire hydrant will receive a 'A." Those structures within the five miles of a fire station but beyond 1000 feet from a hydrant will receive a "9." Class "10" can be assigned to structures over five miles from a fire station. Very few of the last two classes exist in the City of Atascadero. Note: ISO takes into account all fire stations in this study. Additional stations recognized include Atascadero State Hospital and San Luis Obispo County Fire Station 14 on Highway 41, one mile west of Atascadero's city limit. ITEM NUMBER: C - 1 DATE: 05/22/12 In preparing for this report, staff contacted several local insurance offices to inquire how a better rating would affect the insurance rates of Atascadero's citizens. State Farm suggested the new ISO rating would "benefit policy holders." Atascadero Insurance Services said, "good job Atascadero!" He further stated, "This rating should save Atascadero property owners money." As compared to other cities and the nation, Atascadero scores better than most of our neighbors. Paso Robles has an ISO rating of 5, County Fire/Cal Fire a 9/10, Santa Margarita is a 6 and San Luis Obispo City is a 2. Nationwide, the vast majority of fire departments are at an ISO rating of 9. The majority of fire departments in California are rated as a 5. History of the Fire Departments ISO Ratings ISO last rated Atascadero in 1990, and we received a 5/10. In 2008, after the Department took ownership of the ladder truck and believing the truck would help the Fire Department obtain a rating of 4, staff requested a re-evaluation by ISO. Staff's goal was to have the ladder truck recognized by ISO thereby improving our ISO rating. Unfortunately, it took ISO five years before they could fit a re-evaluation of Atascadero into their schedule. ISO has completely changed the evaluation process over the past 22 years. The last evaluation was very archaic and fell far short of measurements used by modern fire departments at that time. While the ISO process just completed by staff was very labor intensive, the process provided good feedback and a very accurate measurement of the Atascadero Fire Department. ISO Rated Areas & Rankings ISO rates a community's dispatch center, water department/company and the fire department. The maximum possible points for a dispatch center is 10, the maximum possible points for a water company is 40 and the maximum possible points a fire department can obtain is 50. Atascadero dispatch center scored high in every category. These categories included hardware, software, the number of operators and their training and staffing. The dispatch center received a rating of 7.85 out of 10. The Atascadero Mutual Water Company scored very high in all categories. AMWC was evaluated on hydrants, maintenance, distribution and flow. The Water Company provided all records requested which included maintenance, flow tests, flushing, and available daily average volume of all storage tanks. ISO field verified flow tests with AMWC and fire personnel. The Water Company received a score of 39.07 out of 40. The final Water Company score, after lowering the base water score due to "divergence," is 30.51 out of 40. ITEM NUMBER: C - 1 DATE: 05/22/12 Divergence Factor is defined by ISO as: "...mathematically reduces the score based upon the relative difference between the fire department and the water supply score. This factor is introduced in the final equation." ISO additionally explains divergence this way, "Even the best fire department will be less than fully effective if it has an inadequate water supply. Similarly, even a superior water supply will be less than fully effective if the fire department lacks the equipment or personnel to use the water. The FSRS is subject to modification by a divergence factor, which recognizes disparity between the effectiveness of the fire department and the water supply." Staffing & Fire Equipment: The Fire Department was evaluated on its use of engines and received 9.23 out of 10 points for The Engine Companies Category Item Earned Max Credit Credit Available Reserve Pumper received .91 1 Pumper Capacity received 5.00 5 Credit for the ladder truck was 1.67 5 Credit for apparatus distribution was 1.76 4 ISO rated credit for Company Personnel 3.65 15 The City is large and very spread out. The report vaguely suggests the need for an additional fire station and staffed fire engine. Along with the size of the City, the staffing is very lean. Training: Item Earned Max Credit Credit Available Drill Tower the department received 0 8 Fire/Smoke Building 0 8 Combustible Liquids Pit 5.00 5 Library & Training Manuals 2.00 2 Multi-Media Training Aids to include Pump & Hydrant Cutaways 2.00 2 Training Area (The back lawn &training Roof Props) 10.00 10 Special and Multi Company Training .81 1 Company Training (Paid & Reserve Staff) 11.40 25 Classes for Officers 15.00 15 Driver Training/Operator 2.00 2 New Driver Training 2.00 2 Hazardous Materials Training .081 1 New Firefighter Training 5.00 5 Pre-Fire Planning Inspections 7.80 15 ITEM NUMBER: C - 1 DATE: 05/22/12 Total of All Eight Evaluated Components: Item Earned Max Credit Credit Available Engine Companies 9.23 10 Reserve Engines .91 1 Fire Engine/Pumper Capacity i 5.00 5 Ladder Truck Service 1.67 5 Reserve Ladder & Service Trucks .23 1 Distribution of Fire Personnel & Equipment 1.76 4 Company Personnel or Staffing 3.65 15 Training (Paid & Reserve Staff) 4.98 9 Total Score for Fire Department: 27.43 50 The Fire Department is exceptionally proud that all points received were not penalized by lack of records or inaccurate records. The ISO liaison was impressed with the department's training records and training programs for new hires and newly promoted employees. He was additionally impressed with all record keeping, including vehicle maintenance, ladder and pump testing records and described them as "flawless." FISCAL IMPACT: There is no direct fiscal impact for the City. However, there is potentially significant fire insurance savings for property owners. ALTERNATIVES: Not Applicable ATTACHMENT: Insurance Services Office (ISO) Public Protection Classification Summary Report ............... 31 7u AY - N4 q 'g-w y ,5 y r 1. SV rt :.Io p MIV 070� 0 i6. I a.: ...AY"'.. ........... Public Protection Classification Summary Report Atascadero FD California Prepared by Insurance Services Office, inc. 413 Eves Drive, Suite 200 P.O. Box 951 Marlton, New Jersey 08053-3112 (856) 985-5500 February 2012 �QSC Properties,Inc.,2007 Background ® e Introduction ISO collects and evaluates information from communities in the United States on their structure fire suppression capabilities. The data is analyzed using our Fire Suppression Rating Schedule (FSRSTM) and then a Public Protection Classification (PPCTM) number is assigned to the community. The surveys are conducted whenever it appears that there is a possibility of a classification change. As such, the PPC program provides important, up-to- date information about fire protection services throughout the country. The Fire Suppression Rating Schedule (FSRS) recognizes fire protection features only as they relate to suppression of first alarm structure fires. In many communities, fire suppression may be only a small part of the fire department's overall responsibility. ISO recognizes the dynamic and comprehensive duties of a community's fire service, and understands the complex decisions a community must make in planning and delivering emergency services. However, in developing a community's Public Protection Classification, only features related to reducing property losses from structural fires are evaluated. Multiple alarms, simultaneous incidents and life safety are not considered in this evaluation. The PPC program evaluates the fire protection for small to average size buildings. Specific properties with a Needed Fire Flow in excess of 3,500 gpm are evaluated separately and assigned an individual classification. A community's investment in fire mitigation is a proven and reliable predictor of future fire losses. Statistical data on insurance losses bears out the relationship between excellent fire protection — as measured by the PPC program -- and low fire losses. So, insurance companies use PPC information for marketing, underwriting, and to help establish fair premiums for homeowners and commercial fire insurance. In general, the price of fire insurance in a community with a good PPC is substantially lower than in a community with a poor PPC, assuming all other factors are equal. ISO is an independent company that serves insurance companies, communities, fire departments, insurance regulators, and others by providing information about risk. ISO's expert staff collects information about municipal fire suppression efforts in communities throughout the United States. In each of those communities, ISO analyzes the relevant data and assigns a Public Protection Classification—a number from 1 to 10. Class 1 represents an exemplary fire suppression program, and Class 10 indicates that the area's fire suppression program does not meet ISO's minimum criteria. ISO's PPC program evaluates communities according to a uniform set of criteria, incorporating nationally recognized standards developed by the National Fire Protection Association and the American Water Works Association. A community's PPC depends on: ➢ Needed Fire Flows, which are representative building locations used to determine the theoretical amount of water necessary for fire suppression purposes. ➢ Receiving and Handling Fire Alarms, including telephone systems, telephone lines, staffing, and dispatching systems. ➢ Fire Department, including equipment, staffing, training, and geographic distribution of fire companies. ➢ Water Supply, including condition and maintenance of hydrants, alternative water supply operations, and a careful evaluation of the amount of available water compared with the amount needed to suppress fires up to 3,500 gpm. ©ISO Properties,Inc.,2007 Page 1 Data.Collection and Analysis ISO has evaluated and classified over 48,000 fire protection areas across the United States using its Fire Suppression Rating Schedule (FSRS). A combination of meetings between trained ISO field representatives and the dispatch center coordinator, community fire official, and water superintendent is used in conjunction with a comprehensive questionnaire to collect the data necessary to determine the PPC number. In order for a community to obtain a classification better then a Class 9, three elements of fire suppression features are reviewed. These three elements are Receiving and Handling Fire Alarms, Fire Department and Water Supply. A review of the Receiving and Handling Fire Alarms fire alarm and communication system accounts for 10% of the total classification. The review focuses on the community's facilities and support for handling and dispatching fire alarms. This section is weighted at 10 points, as follows: • Telephone Service 2 points • Number of Needed Operators 3 points • Dispatch Circuits 5 points A review of the Fire Department accounts for 50% of the total classification. ISO focuses on a fire department's first alarm response and initial attack to minimize potential loss. In this section, ISO reviews such items as engine companies, ladder or service companies, distribution of fire stations and fire companies, equipment carried on apparatus, pumping capacity, reserve apparatus, department personnel, and training. The fire department section is weighted at 50 points,as follows: • Engine Companies 10 points • Reserve Pumpers 1 point • Pumper Capacity 5 points • Ladder/Service Companies 5 points • Reserve Ladder/Service Trucks 1 point • Distribution of Companies 4 points • Company Personnel 15 points • Training 9 points A review of the Water Supply system accounts for 40% of the total classification. ISO reviews the water supply a community uses to determine the adequacy for fire suppression purposes. Hydrant size, type, and installation is also considered, as well as the inspection frequency and condition of fire hydrants. The water supply system is weighted at 40 points, as follows: • Credit for Supply System 35 points • Hydrant Size, Type & Installation 2 points • Inspection/Condition of Hydrants 3 points ©ISO Properties,Inc.,2007 Page 2 There is one additional factor considered in calculating the final score— Divergence. Even the best fire department will be less than fully effective if it has an inadequate water supply. Similarly, even a superior water supply will be less than fully effective if the fire department lacks the equipment or personnel to use the water. The FSRS score is subject to modification by a divergence factor, which recognizes disparity between the effectiveness of the fire department and the water supply. The Divergence factor mathematically reduces the score based upon the relative difference between the fire department and water supply scores. The factor is introduced in the final equation. Pubic Protection Classification Number The PPC number assigned to the community will depend on the community's score on a 100-paint scale: PPC Points 1 90.00 or more 2 80.00 to 89.99 3 70.00 to 79.99 4 60.00 to 69.99 5 50.00 to 59.99 6 40.00 to 49.99 7 30.00 to 39.99 8 20.00 to 29.99 9 10.00 to 19.99 10 0.00 to 9.99 The classification numbers are interpreted as follows: • Class 1 through (and including) Class 8 represents a fire suppression system that includes an FSRS creditable dispatch center, fire department, and water supply. • Class 8B is a special classification that recognizes a superior level of fire protection in otherwise Class 9 areas. It is designed to represent a fire protection delivery system that is superior except for a lack of a water supply system capable of the minimum FSRS fire flow criteria of 250 gpm for 2 hours. • Class 9 is a fire suppression system that includes a creditable dispatch center, fire department but no FSRS creditable water supply. • Class 10 does not meet minimum FSRS criteria for recognition. @ISO Properties,Inc.,2007 Page 3 Distribution of Public Protection Classification Numbers The 2011 published countrywide distribution of communities by the Public Protection Classification number is as follows: Countrywide 14,000 12863 12,000 >4 10,000 8732 8042 8,000 5817 6,Q00 4613 " 41000 1998 20361650 1650 L61 592 838 : . Class Class Class Class Class Class Class Class Class Class Class 1 2 3 4 5 6 7 a 813 9 10 The 2011 published statewide distribution of communities by the Public Protection Classification number is as follows: California 250 237 206 200 - 163 150 101 100 66 53 43 52 50 x 10 10 17 0 177771 , El r. Class Class Class Class Class Class Class Class Class Class Class 1 2 3 4 5 6 7 8 8B 9 10 @ISO Properties,Inc.,2007 Page 4 Assistance The PPC program offers help to communities, fire departments and other public officials as they plan for, budget, and justify improvements. ISO is also available to assist in the understanding of the details of this evaluation. ISO Public Protection representatives can be reached by telephone at (800) 444-4554. The technical specialists at this telephone number have access to the details of this evaluation and can effectively speak with you about your PPC questions. What's more, we can be reached via the intemet at www.isomitigation.com/talk/. We also have a website dedicated to our Community Hazard Mitigation Classification programs at www.isomiti_qation.com. Here, fire chiefs, building code officials, community leaders and other interested citizens can access a wealth of data describing the criteria used in evaluating how cities and towns are protecting residents from fire and other natural hazards. This website will allow you to learn more about ISO's Public Protection Classification program. The website provides important background information, insights about the PPC grading processes and technical documents. ISO is also pleased to offer Fire Chiefs Online — a special secured website with information and features that can help improve your ISO Public Protection Classification, including a list of the Needed Fire Flows for all the commercial occupancies ISO has on file for your community. Visitors to the site can download information, see statistical results and also contact ISO for assistance. In addition, on-line access to the Fire Suppression Rating Schedule and its commentaries is available to registered customers for a fee. However, fire chiefs and community chief administrative officials are given access privileges to this information without charge. To become a registered fire chief or community chief administrative official, register at www.isomiti_qatio n.com, Details Public- Protection Classification ISO concluded its review of the fire suppression features being provided for/by Atascadero FD. The resulting community classification is Class 4/9. If the classification is a single class, the classification applies to properties with a Needed Fire Flow of 3,500 gpm or less in the community. If the classification is a split class (e.g., 6/9), the following applies: ➢ The first class (e.g., "6" in a 6/9) applies to properties within 5 road miles of a recognized fire station and within 1,000 feet of a fire hydrant or alternate water supply. ➢ Class 8B or class 9 applies to properties beyond 1,000 feet of a fire hydrant but within 5 road miles of a recognized fire station. ➢ Alternative Water Supply: The first class (e.g., "6" in a 6/10) applies to properties within 5 road miles of a recognized fire station with no hydrant distance requirement. ➢ Class 10 applies to properties over 5 road miles of a recognized fire station. ➢ Specific properties with a Needed Fire Flow in excess of 3,500 gpm are evaluated separately and assigned an individual classification. QISa Properties,Inc.,2007 Page 5 Summary Evaluation Analysis The following points represent the analysis of the application of the criteria outlined in the FSRS of four topics- Receiving and Handling Fire Alarms, Fire Department, Water Supply, and the Divergence factor for Atascadero FD: Earned _ Credit FSRS Feature Credit Available Receiving and Handling Fire Alarms`_ 414. Credit for Telephone Service 2.00 2 j 422. Credit for Operators 3.00 3 432. Credit for Dispatch Circuits t 2.85 5 440.Credit for Receiving and Handling Fire Alarms 7.85 10 Fire Department j 513. Credit for Engine Companies 9.23 10 i 523. Credit for Reserve Pumpers 0.91 1 532. Credit for Pumper Capacity 5.00 5 549. Credit for Ladder Service 1.67 5 553. Credit for Reserve Ladder and Service Trucks 0.23 1 561. Credit for Distribution i 1.76 4 571. Credit for Company Personnel 3.65 15 580. Credit for Training [ _4.98 9 590. Credit for Fire Department _.^27.43 50 Water Supply 616. Credit for Supply System l 34.67 35 621. Credit for Hydrants 2.00 2 631.Credit for Inspection and Condition 2.40 640. Credit for Water Supply i 39.07 �40 f Divergence i -8.56 -- Total Credit i 65.79 100 ©ISO Properties,Inc.,2007 Page 6 n General.Information To determine the Total Credit, the points for Receiving and Handling Fire Alarms, Fire Department and Water Supply are added together and the Divergence factor is applied. To establish the points for each category, FSRS items labeled as "Credit for..." are totaled. These particular items are intermediate values. Usually these intermediate values are based upon a 100-point scale, but they can be different. The ratios between the actual points scored in each of these sub-items and the points available for full credit are then multiplied by the points available for the sub-item. For instance, Item 414 "Credit for Telephone Service (CTS)" is valued at 2 points. To determine the credit earned, the totals for Item 411 "Review of Telephone Lines (TL)", Item 412 'Review of Telephone Directory (TD)", and Item 413 "Review of Recording Device (RD)" are summed. In Item 411, up to 60 points can accrue; Item 412 has a combined value of 20 points; and 20 points are available for Item 413. The sum of these three Items is divided by 100 and then multiplied by the 2 point weight in Item 414 to determine the final score for "Credit for Telephone Service (CTS)". The formula for Item 414 "Credit for Telephone Service (CTS)" looks like this: CTS =TS x 2 100 Where TS =TL+TD + RD Detailed Evaluation Analysis On the following pages are the details of the evaluation of each category for Atascadero FD. These details relate only to the fire insurance classification for this jurisdiction. They are not for property loss prevention or life safety purposes and no life safety or property loss recommendations are made. At the end of the detailed analysis the relative class is indicated. The relative class represents the classification each category would have achieved if the individual score was translated into a 100-point scale instead of the points available for that category. ©ISO Properties,Inc.,2007 Page 7 t WCOWWWOR CI•fia dliWEg"Whs, Ten percent of a community's overall score is based on how well the communications center receives and dispatches fire alarms. Our field representative evaluated: the telephone service, including the number of telephone lines coming into the center the listing of the emergency number and business number in the telephone directory the automatic recording of emergency calls the communications center, including the number of operators on-duty and awake at the center the dispatch circuits and how the center notifies firefighters about the location of the emergency Item 414-Cred'it for Telephone Service(2points) The first item reviewed is Item 414 "Credit for Telephone Service (CTS)". This item reviews the facilities provided for the public to report fires including the telephone line used to report an emergency, business and private alarm lines including progression of emergency calls to business lines. Also analyzed is the listing of fire and business numbers in the telephone directory and the automatic recording of emergency calls. ISO uses National Fire Protection Association (NFPA) 1221, Standard for the installation, Maintenance and Use of Emergency Services Communications Systems as the reference for this section. To determine the score for Item 414, three sub-items (Item 411, Item 412, and Item 413) were evaluated. The details are as follows: ©ISO Properties,Inc.,2007 Page 8 Earned Credit Item 419 "Review of Telephone Lieges (TL)" Credit Available A. Number of needed fire lines* 25.00 25 For maximum credit, there should be 2 incoming telephone lines reserved for receiving notification of fires. The Communication Center serving Atascadero FD has 4 lines reserved. The telephone directory listed both a business and an emergency number. D. Number of needed fire, business, and private alarm 25.00 25 lines* For maximum credit, there should be 2 incoming lines reserved for notification of fires (and other emergency calls) plus 1 additional line for conducting other fire department business and, if applicable, for private alarms. The Communication Center serving Atascadero FD has 1 line in addition to the 4 lines reserved for receiving notification of fires (and other emergency calls). The telephone directory listed both a business and an emergency number, C. Progression of emergency calls to business lines 10.00 10 For maximum credit, unanswered emergency calls should progress to the business number. D. If detailed information of a fire is received and 0.00 -20 transmitted through more than one communication center, DEDUCT For no deduction of points, fire calls should be immediately transferred from the answering point to the dispatcher who will then obtain the needed information from the caller for dispatching. Review of Telephone Lines (TL)total: 60.00 60 *Note: When only one telephone number is listed in the telephone directory the telephone lines provided cannot be reserved for emergency calls because the general public is not given a choice of telephone lines to use. Therefore, the operator/telecommunicator must accept both emergency and business calls over the same lines. The number of needed fire, business, and alarm lines will show a reduction in credit. OESO Properties,Inc.,2007 Page 9 _______ 1l01lI�.MY IIII YinYfiMIRMI iMI1p1A1A , Earned Credit Item 412 "Review of Telephone b rectory(TD)" Credit Available A. Emergency number on the inside front cover or the 10 10 front page For credit, the fire emergency telephone number should be printed on the inside front cover or front page of the white pages in the telephone directory. B. Emergency number and business number listed under 5 5 "Fire Department„ For credit, both the number to report a fire and the fire department business number should be listed under"FIRE DEPARTMENT' in the white pages (or government section) of the telephone directory. The fire number is listed and the business number is listed. C. Emergency number and business number listed under 5 5 the name of the city For credit, both the number to report a fire and the fire department business number should be listed under the community or fire district in the white pages (or government section) of the telephone directory. The fire number is listed and the business number is listed. D. If the numbers for individual fire stations are listed, 0 -10 DEDUCT For no deduction of points, the individual fire stations should not be listed in the telephone directory. Review of Directory Listing (TD)total: 20 20 Earned Credit Item 413- !Review of Recording ©evice(Rbr' Credit Available A. Review of the recording device(RD): _ 20 20 For credit, a voice recorder should automatically record all emergency calls and the operator should be able to immediately play back any emergency call to review the conversation. --j Review of Recording Device(RD)total: 20 20 ©ISO Properties,Inc.,2007 Page 10 The Items "Tl.", "TD", and "RD" are then added together and divided by the total possible points (100 points)to determine the factor that is applied to the 2 points available for Item 414 "Credit for Telephone Service (CTS)". 414"Credit for Telephone Service(CTS)" = 2.00 points Rein 422-Credit for Operators(3 points) The second item reviewed is Item 422 "Credit for Operators (CTO)". This item reviews the number of operators on duty and awake at the center to handle fire calls and other emergencies. All emergency calls including those calls that do not require fire department action are reviewed to determine the proper staffing to answer emergency calls and dispatch the appropriate emergency response. NFPA 1221, Standard for the Installation, Maintenance and Use of Emergency Services Communications Systems, recommends that ninety-five percent of emergency calls shall be answered within 15 seconds and ninety-nine percent of emergency calls shall be answered within 40 seconds. In addition, NFPA recommends that ninety percent of emergency alarm processing shall be completed within 60 seconds and ninety-nine percent of alarm processing shall be completed within 90 seconds of answering the call. To receive full credit for operators on duty, ISO must review documentation to show that the communication center meets NFPA 1221 call answering and dispatch time performance measurement standards. This documentation may be in the form of performance statistics or other performance measurements compiled by the 9-1-1 software or other software programs that are currently in use such as Computer Aided Dispatch (CAD) or Management Information System (MIS). If the necessary data is not available, the number of needed operators will be determined by specification criteria using a "Call Volume Matrix Table" (see the following page). ©iso Properties,Inc.,2007 Page 11 CALL VOLUME MATRIX TABLE #1 For Public Safety Answering Points that Perform Call Taking and Dispatching Number of Needed Alarms per Year Telecommunicators Less than 731 1 731 to 10,000 2 10,001 to 25,000 4** 25,001 to 50,000 i 5** 50,001 to 100,000 6***� 100,001 to 150,000 7** 150,001 to 200,000 8** 200,001 to 250,000 9** 250,001 to 300,000 10** Over 300,000*** 11** CALL VOLUME MATRIX TABLE #2 For Public Safety Answering Points that Perform Call Taking Without Dispatching Number of Needed Alarms per Year Telecommunicators Less than 10,001 1 10,001 to 50,000 2 50,001 to 100,000 4** 100,001 to 150,000 5** 150,001 to 200,000 6** 200,001 to 250,000 7** 250,001 to 300,000 8** Over 300,000*** 9** * Communication centers that provide emergency medical dispatching (EMD)protocols need two telecommunicators on duty at all times. **Includes a supervisor in the communication center. *** For every 10 additional calls (alarms) that are averaged per hour (87,600 calls per year), one additional telecommunicator is added. VSO Properties,Inc.,2007 Page 12 To determine the score for Item 422, two sub-Items (421.A and 421.8) are summed. The details are as follows: Earned Credit item 421 -"`Review of Operators (PO)"' LCredit Available A. Number of operators on-duty (OD): 80.00 80 For maximum credit, there should be 2 operators on duty at all times. There are an average of 2.00 operators on duty at the communication center. B. Number of operators awake at all times(OA): 20,00 20 For maximum credit, all operators should be awake at all times. There is an average of 2.00 operators awake at all times. Review of Operators (PO)total: 100.00 100 After the items "OD" and "OA" are summed up to determine the points received for the "Review of Operators", the sum is divided by the total possible points (100 points) to determine the factor that is applied to the 3 points available for Item 422"Credit for Operators (CTO)". Item 422"Credit for Operators (CTO)" 3.00 points Item 432-credit for Dispatcl.h Circuits {5 pants) The third item reviewed is Item 432 "Credit for Dispatch Circuits (CDC)". This item reviews the dispatch circuit facilities used to transmit alarms to fire department members. A"Dispatch Circuit" is defined in NFPA 1221 as "A circuit over which an alarm is transmitted from the communications center to an emergency response facility (ERF) or emergency response units (ERUs)to notify ERUs to respond to an emergency". All fire departments (except single fire station departments with full-time firefighter personnel receiving alarms directly at the fire station) need adequate means of notifying all firefighter personnel of the location of reported structure fires. The dispatch circuit facilities should be in accordance with the general criteria of NFPA 1221. "Alarms" are defined in this Standard as °A signal or message from a person or device indicating the existence of an emergency or other situation that requires action by an emergency response agency". There are two different levels of dispatch circuit facilities provided for in the Standard — a primary dispatch circuit and a secondary dispatch circuit. In jurisdictions that receive 730 alarms or more per year (average of two alarms per 24-hour period), two separate and dedicated dispatch circuits, a primary and a secondary, are needed. In jurisdictions receiving fewer than 730 alarms per year, a second dedicated dispatch circuit is not needed. Dispatch circuit facilities installed but not used or tested (in accordance with the NFPA Standard) receive no credit. 0150 Properties,Inc.,2007 Page 13 The score for Credit for Dispatch Circuits (CDC) is influenced by monitoring for integrity of the primary dispatch circuit. There are up to 1.5 points available for this Item. Monitoring for integrity involves installing automatic systems that will detect faults and failures and send visual and audible indications to appropriate communications center (or dispatch center) personnel. ISO uses Nl"PA 1221 to guide the evaluation of this item. Additional points are available for dispatch recording facilities at the Communication Center. All alarms that are transmitted over the required dispatch circuits need to be automatically recorded (including the dates and times of transmission) to earn the maximum points in this item. ISO's evaluation includes a review of the communication system's emergency power supplies. To receive maximum credit, two sources of power need to be provided for the operation of the communications network including dispatch circuits and its related support systems and equipment. A common arrangement is to have the primary power come from a utility distribution system and a secondary power source from an automatic starting emergency engine-generator and/or an Uninterruptible Power Supply (UPS) and Battery System—(SEPSS-Stored Emergency Power Supply Systems). To determine the score for Item 432, four sub-items (Item 431.A, Item 431.8, Item 431.0 and Item 431.D) needed to be evaluated. ©ISO Properties,Inc.,2007 Page 14 The score that Atascadero FD received for Item 432 was calculated as follows: Earned Credit Item 432 -"Credit for Dispatch Circuits(CDC)" Credit Available Item 01A-"dispatch ,circuits Provided" 38.00 40 The points are determined by prorating the value of the type of dispatch circuit using the percentage of members dependent upon each circuit. Item 431B. -"Monitoring for Integrity of Circuit" 0.00 30 For maximum credit, the dispatch circuit should have an automatic system that will detect faults and failures and send visual and audible indications to appropriate personnel. These systems are subject to field verification and demonstration. Item 431C-"Dispatch Recording Facilities at.Communcatior 9.50 10 Center. For maximum credit, all alarms that are transmitted over the required dispatch circuits need to be automatically recorded. Item 431 D-"Emergency Power Suppty"; 9.50 20 For maximum credit, emergency power supplies need to be provided and regularly tested (one hour weekly, under load, with test documentation). Item 431E -"When no circuit is needed" 0.00 100 If all responding firefighters are in the same building as the communication center and are alerted, no dispatch circuit is needed and the maximum points are credited. However, the community does not operate in this fashion. Dispatch Circuits (DC)total: T 57.00 100 After the Items in 431 are summed up to determine the points received for the "Credit for Dispatch Circuits (CDC)", the sum is divided by the total possible points (100 points) to determine the factor that is applied to the 5 points available for Item 432 "Credit for Dispatch Circuits (CDC)', Item 432"Credit for Dispatch Circuits (CDC)" = 2.85 points ©ISO Properties,Inc„2007 Page 15 The final step in determining the credit for "Receiving and Handling Fire Alarms" is to add Item 414, Item 422, and Item 432: Earned Credit iI Item Credit Available 414. Credit for Telephone Service (CTS) 2.00 2 422. Credit for Operators (CTO) 3.00 3 432. Credit for Dispatch Circuits (CDC) 2.85 5 Item 440. Credit for Receiving and Handling Fire Alarms: 7.85 10 Fifty percent of a community's overall score is based upon the fire department's structure fire suppression system. ISO's field representative evaluated: Engine and ladder/service vehicles including reserve apparatus Equipment carried Distribution of fire companies Available and/or responding firefighters Automatic Aid with neighboring fire departments Training Basic Fire Flav The Basic Fire Flow for the community is determined by the review of the Needed Fire Flows for selected buildings in the community. The following building addresses were used to determine the Basic Fire Flow: • 6000 gpm 905 El Camino Real, Atascadero • 6000 gpm 6905 El Camino Real, Atascadero 9 5000 gpm 3980 EI Camino Real, Atascadero 5000 gpm 7315-7383 El Camino Real, Atascadero ® 4000 gpm 4801-4885 El Camino Real, San Luis Obispo Co The fifth largest Needed Fire Flow is determined to be the Basic Fire Flow. Since the FSRS develops a PPC for properties with a Needed Fire Flow of 3,500 gpm or less, the maximum that the Basic Fire Flow can be is 3,500 gpm. The Basic Fire Flow for Atascadero FD has been determined to be 3500 gpm. @ISO Properties,Inc.,2007 Page 16 Item;513 -Credit for Engine Companies(1Qpoints) The first item reviewed is Item 513 "Credit for Engine Companies (CEC)". This item reviews the number of engine companies, their pump capacity, hose testing, pump testing and the equipment carried on the in-service pumpers. To be recognized, pumper apparatus must meet the general criteria of NFPA 1901, Standard for Automotive Fire Apparatus which include a minimum 250 gpm pump, an emergency warning system, a 300 gallon water tank, and hose. The review of the number of needed pumpers considers the Basic Fire Flow; the response distance to built-upon areas; the method of operation; and the response outside the city. Multiple alarms, simultaneous incidents, and life safety are not considered. Item 516.A. Number of Needed Engine Companies(NE) BASIC FIRE FLOW, GPM ENGINE COMPANIES ................................................................................................................................................................................................................................................................................... 500 - 1,000 1 1,250 - 2,500 2 3,000 - 3,500 3 The FSRS indicates that a minimum of 3 engine companies are needed in the fire district to suppress fires in structures with a Needed Fire Flow of 3,500 gpm or less. This number is calculated as follows: The greater of: a) 3 engine companies to support a Basic Fire Flow of 3500 gpm. b) 3 engine companies to provide fire suppression services to areas with a reasonable population of properties without a responding fire station within 1 Y2 miles. c) 2 engine companies based upon the fire department's method of operation to provide a minimum two engine response to all first alarm structure fires. There are 0 additional engine companies needed for response outside the city. The FSRS recognizes that there are 3 engine companies in service. For maximum credit, at least two engine companies should respond to all reported first alarms for fires in buildings (except when only one engine company is needed). The credit for engine companies has been reduced by 0.0 percent because the FSRS review deemed there is an adequate response to all reported fires in the district. For each in-service engine, ISO reviews the pump capacity (as indicated by a pumper test), the hose (including hose testing) and the equipment carried. For maximum credit, pumper service tests must be done annually and documented. ISO evaluates the pumper service tests using NFPA 1911, Standard for the Inspection, Maintenance, Testing and Retirement of In-service Automotive Fire Apparatus. This Standard indicates that the service tests should be conducted for: - 20 minutes @ 100% capacity at 150 psi - 10 minutes @ 70% capacity at 200 psi - 10 minutes @ 50% capacity at 250 psi ©ISO Properties,Inc.,2007 Page 17 Other factors such as the `overload test" are not evaluated in the FSRS and are not required for FSRS credit. For maximum credit, hose tests must be performed annually and documented. ISO evaluates a hose testing program using NFPA 1962, Standard for the Inspection, Care, and Use of Fire Hose, Couplings and Nozzles and the Service Testing of Fire Hose. The FSRS also reviews Automatic Aid. Automatic Aid is considered in the review as assistance dispatched automatically by contractual agreement between two communities or fire districts. That differs from mutual aid or assistance arranged case by case. ISO will recognize an Automatic Aid plan under the following conditions: • It must be prearranged for first alarm response according to a definite pian. It is preferable to have a written agreement, but ISO may recognize demonstrated performance. • The aid must be dispatched to reported structure fires on the initial alarm. • The aid must be provided 24 hours a day, 365 days a year. • The aid must offset a need in the community ISO is surveying. For example, if a community needs a ladder company and the fire department does not have one, but a neighboring community's ladder company responds by Automatic Aid agreement, credit may be available. • The aiding ladder company must cover at least 50% of the needed ladder company Standard Response District by hydrant count in the community being graded. FSRS Item 512.D "Automatic Aid Engine Companies" responding on first alarm and meeting the needs of the city for basic fire flow and/or distribution of companies are factored based upon the value of the Automatic Aid plan (up to 0.90 can be used as the factor). The Automatic Aid factor is determined by a review of the Automatic Aid provider's communication facilities, how they receive alarms from the graded area, inter-department training between fire departments, and the fire ground communications capability between departments. For each engine company, the credited Pump Capacity (PC), the Hose Carried (HC), the Equipment Carried (EC) and a factor for an overweight apparatus all contribute to the calculation for the percent of credit the FSRS provides to that engine company. After the Items in 512 are summed to determine the points received for the"In Service Total (EC)", the sum is divided by the total possible points and then multiplied by the Needed Engine Companies (NE). Next, this is multiplied by the appropriate factor representing the percent of built-upon area of the city with first alarm response of one or two engine companies. Finally, this product is multiplied by the 10 points available for Item 513"Credit for Engine Companies (CEC)"to determine the final score for this item. Item 513"Credit for Engine Companies (CEC)" =9.23 points CO ISO Properties,Inc.,2007 Page 18 Item 523 -Credit for.,Reserve.Pumpers.(1 point) The second pumper item reviewed is Item 523 "Credit for Reserve Pumpers (CRP)'. This item reviews the number and adequacy of the pumpers and their equipment with one (or more in larger communities) pumper out of service. The number of needed reserve pumpers is 1 for each 8 needed engine companies determined in Item 513, or any fraction thereof. The number of reserve pumpers credited in this item will not exceed the number of needed reserve pumpers. If only one reserve pumper is needed, and more than one reserve pumper is provided in the city, only the best equipped reserve pumper will be credited. Reserve pumpers are reviewed for pump capacity, hose carried, and equipment in the same manner as described in Item 512 except that Automatic Aid reserve pumpers are not considered. The value of the Reserve Pumper Credit (RPC) is determined by multiplying the credited Pump Capacity (PC) times the credit for the Hose Carried (HC) times the credit for the Equipment Carried (EC)times the factor for an overweight apparatus. After the items in 521 are factored to determine the points received for each reserve pumper, the reserve pumper with the largest points is selected for the Reserve Pumper Credit (RPC). The value for RPC is added to the value in Item 512 determined above. Next, the best equipped in-service pumper is subtracted from the in-service and reserve total. The difference is then divided by the total the possible points times the Needed Engine Companies (NE). Finally, this quotient is multiplied by the 1 point available for Item 523 "Credit for Reserve Pumpers (CRP)". Item 523 "Credit for Reserve Pumpers (CRP)" =0.91 points item 532—;Credit for Pumper,Capacity(5 pornts]i The next item reviewed is Item 532 "Credit for Pumper Capacity (CPC)'. The total pump capacity available should be sufficient for the Basic Fire Flow of 3500 gpm in Atascadero FD. The maximum needed pump capacity credited is the Basic Fire Flow of the community. The pump capacity is obtained by test at the rated pump pressure. Credit is limited to 80 percent of rated capacity if no test data is available within two years of the survey date. Less than 80 percent may be credited if other mechanical features of the apparatus indicate a generally poor mechanical condition. The existing pump capacity (EP) represents the capacity of in-service pumpers, pumper- ladder, and pumper-service trucks that were credited in Item 513. The reserve pump capacity (RP) is that capacity of reserve pumpers, reserve pumper-ladder, and pumper-service trucks that were credited in Item 523. One-half the capacity of permanently-mounted pumps capable of delivering at least 50 gpm at 150 psi on other apparatus, reserve pumpers and reserve pumper-ladder and reserve pumper-service trucks not credited in Items 513 or 523 is credited in this item. This capacity is expressed as"OP". Automatic Aid pumper capacity is that capacity of pumpers credited as Automatic Aid in Item 513. The capacity credited does not exceed the percent determined by the value of the Automatic Aid pian determined in Item 512.D multiplies by the creditable pump capacity for each Automatic Aid pumper. This capacity is expressed as AAP. ©ISO Properties,Inc.,2007 Page 19 sia The sum of the capacities determined for EP, RP, OP, and AAP is 8000 gpm. The FSRS limits the total capacity to the Basic Fire Flow of 3500 gpm. Next, this capacity is divided by the Basic Fire Flow. Finally, this factor is multiplied by the 5 points available for Item 532 "Credit for Pumper Capacity (CPC)". Item 532 "Credit for Pumper Capacity(CPC)" =5.04 points Item 549—°Credit'for Ladder Service(5 points) The next item reviewed is Item 549 "Credit for Ladder Service (CLS)". This item reviews the number of response areas within the city with 5 buildings that are 3 or more stories or 35 feet or more in height, or with 5 buildings that have a Needed Fire Flow greater than 3,500 gpm, or any combination of these criteria. The height of all buildings in the city, including those protected by automatic sprinklers, is considered when determining the number of needed ladder companies. When no individual response area alone needs a ladder company, at least one ladder company is needed if buildings in the city meet the above criteria. The number and type of apparatus is dependent upon the height of buildings, Needed Fire Flow and response distance. Response areas not needing a ladder company should have a service company. A service company is an apparatus with some or all of the equipment identified in Table 544.A (see the following pages). The number of ladder or service companies, the height of the aerial ladder, aerial ladder testing and the equipment carried on the in-service ladder trucks and service trucks is compared with the number of needed ladder trucks and service trucks and an FSRS equipment list (Table 544 A, B, and C). Ladder trucks must meet the general criteria of NFPA 1901, Standard for Automotive Fire Apparatus to be recognized. The number of needed ladder-service trucks is dependent upon the number of buildings 3 stories or 35 feet or more in height, buildings with a Needed Fire Flow greater than 3,500 gpm, the response distance to built-upon areas, the method of operation and the response outside the city. The FSRS indicates that a minimum of 1 ladder company is needed. This is calculated as follows: 1 ladder company due to the number of buildings with a Needed Fire Flow over 3,500 gpm or 3 stories or more in height, the response distance to built-upon areas or the method of operation. There are 0 additional ladder companies needed because 10% or less of the responses outside of the district result in a reduction of the ladder companies left in the district to 50% or less of the normal strength level. The FSRS recognizes that there are 0.5 ladder companies in service. For maximum credit, a ladder or service company should respond on first alarms to all reported fires in buildings. It was determined the ladder or service company response is to 100% of first alarm fires in buildings. ©ISO Properties,Inc.,2007 Page 20 The FSRS indicates that a minimum of 2 service companies are needed. This need is calculated as follows: 2 service companies due to the number of buildings with a Needed Fire Flow over 3,500 gpm or 3 stories or more in height, the response distance to built-upon areas or the method of operation. The FSRS recognizes that there are 1 service company in service. Ladders, tools and equipment normally carried on ladder trucks are needed not only for ladder operations but also for forcible entry, ventilation, salvage, overhaul, lighting and utility control. If a ladder company is needed, the available equipment items in Table 544.A are summed to determine the points received for a Service Company, and available equipment items in Table 544.13 are summed to determine the additional equipment points available for a Ladder Company. Table 544.A and 544.13 points are added together to determine the total possible points available out of a possible 784 points. Tests and sample forms for recording tests for aerial ladder and elevating platforms are described in NFPA 1911, Standard for the Inspection, Maintenance, Testing and Retirement of In-service Automotive Fire Apparatus. If a service company is needed, the available equipment items are summed in Table 544.A. If additional ground ladders are needed for the service company, the assigned points for each available ground ladder up to 4 (from Table 544.B) are added to the points determined in Table 544.A. All ladder company equipment, available service company equipment, available engine- ladder company equipment and available engine-service company equipment are summed. This sum is then divided by the sum of 784 points multiplied by the Needed Ladder(NL) plus 334 points multiplied by the Needed Service (NS) companies plus any points assigned for any additional ladders from Table 544.B. Next, this factor is multiplied by the appropriate factor (A) representing the percent of built- upon area of the city with first alarm response of a ladder, service, engine-ladder or engine- service company to fires in buildings. Finally, this product is multiplied by the 5 points available for Item 549"Credit for Ladder Service (CLS)". Item 549 "Credit for Ladder Service(CLS)' = 1.67 points ©ISO Properties,Inc.,2007 Page 21 IiM Item 553—Credit for Reserve Ladder and S'. Tice Trucks.('I point) The next item reviewed is Item 553 "Credit for Reserve Ladder and Service Trucks (CRLS)". This item considers the adequacy of ladder and service apparatus when one (or more in larger communities) of these apparatus are out of service. The number of needed reserve ladder and service trucks is 1 for each 8 needed ladder and service companies that were determined to be needed in Item 540, or any fraction thereof. When 8 or less ladder and service companies are needed, and 1 or more ladder companies are needed, the reserve truck should be a ladder truck. When the number of needed reserve ladder and service trucks exceeds the number of needed reserve ladder trucks, the difference is considered as needed reserve service trucks. The number of in-service ladder and service trucks considered out of service is determined by the number of needed reserve ladder and service trucks. The in-service ladder and service trucks credited in Item 549 having the largest number of points is what is considered as out of service. The equipment on credited reserve ladder and service trucks shall be reviewed by application of Tables 544.A, 544.13 and 544.C. The number of reserve ladder trucks credited in this item shall not exceed the number of needed reserve ladder and service trucks. If only one reserve ladder is needed, and if more than one reserve ladder or service truck is provided in the city, only the best equipped reserve ladder or service truck will be credited. All ladder company equipment, available service company equipment, available engine- ladder company equipment and available engine-service company equipment are summed. After the points for all reserve ladder and service equipment is determined, the reserve ladder service truck with the largest points is selected. This value is added to the value of all in- service ladder and service company equipment determined in Item 549. Next, the best equipped in-service ladder or service truck is subtracted from the in-service and reserve total. The difference is then divided by the total possible points for a ladder truck times the Needed Ladder (NL) plus the total possible points times the Needed Service (NS) plus any assigned points for any additional ladders needed from Table 544.8. Finally, this quotient is multiplied by the 1 point available for Item 553"Credit for Reserve Ladder and Service Trucks (CRLS)". Item 553"Credit for Reserve Ladder and Service Trucks (CRLS)" =0.23 points (tem 561 -Credit for i3istribution (4 points) Next, Item 561 "Credit for Distribution (CD)" is reviewed. This Item examines the number and adequacy of existing engine and ladder-service companies to cover built-upon areas of the city. The built-upon area of the city should have a fully equipped first-due engine company within 1'/2 miles and a fully equipped ladder-service company within 2'/miles. To determine the Credit for Distribution, first the Existing Engine Company (EC) points and the Existing Engine Companies (EE) determined in Item 513 are considered along with Ladder Company Equipment (LCE) points, Service Company Equipment (SCE) points, Engine-Ladder Company Equipment (ELCE) points, and Engine-Service Company Equipment(ESCE) points determined in Item 549. Secondly, a determination is made of the percentage of built upon area within 1'/z miles of a first-due engine company and within 2'/2 miles of a first-due ladder-service company. Item 561 "Credit for Distribution (CD)" = 1.76 points ©ISO Properties,Inc-2007 Page 22 Item 571 —Credi#'for Company Personnel;(15 points) Item 571 "Credit for Company Personnel (CCP)" reviews the average number of existing firefighters and company officers available to respond to reported first alarm structure fires in the city. The on-duty strength is determined by the yearly average of total firefighters and company officers on-duty considering vacations, sick leave, holidays, "Kelley" days and other absences. When a fire department operates under a minimum staffing policy, this may be used in lieu of determining the yearly average of on-duty company personnel. Firefighters on apparatus not credited under Items 513 and 549 that regularly respond to reported first alarms to aid engine, ladder and service companies are included in this item as increasing the total company strength. Firefighters staffing ambulances or other units serving the general public are credited if they participate in fire-fighting operations, the number depending upon the extent to which they are available and are used for response to first alarms of fire. Call and volunteer members (VM) are credited on the basis of the average number staffing apparatus on first alarms. Off-shift career firefighters and company officers responding on first alarms are considered on the same basis as call and volunteer personnel. For personnel not normally at the fire station, the number of responding firefighters and company officers is divided by 3 to reflect the time needed to assemble at the fire scene and the reduced ability to act as a team due to the various arrival times at the fire location when compared to the personnel on-duty at the fire station during the receipt of an alarm. The number of Public Safety Officers who are positioned in emergency vehicles within the jurisdiction boundaries may be credited based on availability to respond to first alarm structure fires. In recognition of this increased response capability the number of responding Public Safety Officers is divided by 2. Call and volunteer firefighters and company officers assigned for on-duty shifts at fire stations on a pre-arranged schedule are considered as on duty for the proportional time that they are at the fire station. The average number of firefighters and company officers responding with those companies credited as Automatic Aid under Items 513 and 549 are considered for either on-duty or volunteer company personnel as is appropriate. The actual number is calculated as the average number of company personnel responding multiplied by the value of AA Plan determined in Item 512.D. The maximum creditable response of on-duty and call/volunteer firefighters is 12, including company officers, for each existing engine and ladder company and 6 for each existing service company. Chief Officers are not creditable except when more than one chief officer responds to alarms; then extra chief officers may be credited as firefighters if they perform company duties. The FSRS recognizes 6.55 on-duty personnel and an average of 2.25 volunteers/off-shift personnel responding on first alarm structure fires. Item 571 "Credit for Company Personnel (CCP)" = 3.65 points ©ISO Properties,Inc.,2007 Page 23 item 581 —Credit for Training(9 points) The final item reviewed in the Fire Department section is Item 580 "Credit for Training (CT)". This item evaluates training facilities and aids and the use made of them by the fire suppression force; company training at fire stations; classes for officers; driver and operator training; new driver and operator training; hazardous materials training; recruit training; the pre-fire planning inspection program; and the training and inspection records. A maximum of 35% of the training evaluation is attributed to facilities, aids and use, and 65% is attributed to specialized training including the pre-fire planning inspection program. Earned Credit Ite n 580.A.1 "Facilities.and Aids," Credit Available Drill Tower - 0.00 8 For maximum credit,a 4 story drill tower should be used. 0 points were credited as there is no drill tower available and used by the fire department. Fire Building (including smoke room) 0.00 8 For maximum credit,there should be a fire resistive smoke room that is separated from the drill tower so that training may be conducted in the tower and in the smoke room. A fire building is not available or used for training. Combustible Liquids Pit 5.00 5 For maximum credit, a 1,500 square foot combustible liquid pit or equivalent video instructing effective fire suppression of Class B fires should be used. Credit for a 1500 square foot combustible liquids pit was provided representing the actual size of the pit or that there is a video instructing effective fire suppression of Class B fires available for use to train the fire department personnel. Library and Training Manuals 2.00 2 For maximum credit, a complete library of training manuals should be available in the department for the membership. The library and manuals may include: NFPA"Fire Protection Handbook", "The Fire Chiefs Handbook" published by Fire Engineering, "Managing Fire and Rescue Services" published by lCMA, Training manuals published by IFSTA or equivalent, and the following NFPA Standards, 472, 1001, 1002, 1021, 1201, 1401, 1403, 1410, 1451, and 1620. Credit was given for complete training materials. Multi-Media Training Aids including Pump and Hydrant Cutaways 2.00 2 A slide/overhead projector and compatible multi-media aids are available. A movieNCR type projector and compatible multi-media aids are available. A pump cutaway is available in the department for the membership. A hydrant cutaway is available in the department for the membership. ©ISO Properties,Inc.,2007 Page 24 Earned Credit Item 580 A.I. ``f=acilities and Aiicls (continued) Credit Available Training Area ^ - 10.00 10 For maximum credit; a fire department training area of at least 2.0 acres in size should be available for single and multi-company drills. A training area of 0 acres is provided. Training is conducted on streets or other areas. Review of Facilities and Aids .FA total: 14.00 35 Item 580.A.2"Use" a.Half-day(3 hours)drills, 8 per year(0.05 each) 0.32 0.40 For maximum credit, all members should participate in 8 half-day, single company drills. There were an average of 6.49 single company half-day drills. b. Half-day(3 hours)multiple-company drills,4 per year(0.10 0.32 0.40 each): For maximum credit, all members should participate in 4 half-day multiple company drills. There were an average of 3.24 multiple company drills. c. Night drills(3 hours),2 per year(0.10 each): 0.16 0.20 For maximum credit, all members should participate in two 3-hour night drills per year. There were an average of 1.62 night drills. Factor for"Use"subtotal- 0.81 Average percentage participating in drills- 100% Factor for Use(FU): 0.81 1.0 Review of Facilities and Aids FA total: 14.00 35 "Facilities,Aids and Use"subtotal: 11.35 Deduction for incomplete or missing records- -0.00 Note 1: A single company drill may receive credit under a and c; a multiple-company drill may receive credit under a, b, and c. Note 2: If the Drill Tower, Fire Building, Combustible Liquids Pit or Training Area do not achieve at least 10 points, credit will be given for the use of buildings, streets and open areas (other than formal training grounds), but not both. After the items under Item "Facilities and Aids" are summed and the factor for "Use" is established, the credit for "Facilities, Aids and Use" is determined by multiplying the total possible points (35 points) by the factor for"Use" (up to 1.0) and subtracting any deductions for record keeping. Facilities, Aids and Use subtotal = 11.35 points ©ISO Properties,Inc.,2007 Page 25 Earned Credit Specialized Training Credit Available B Company Training 11.40 25 For maximum credit, each firefighter should receive 20 hours per month in structure fire related subjects as outlined in NFPA 1001. There was an average of 9.12 hours per month of company training received by company members and participation was 100%of those eligible to participate. 0.00 points will be deducted for missing or incomplete records. C.Classes=for Officers 15.00 15 For maximum credit, each officer should receive 2 days of leadership, management, supervisory, and incident management system training per year as outlined in NFPA 1021. There was an average of 2.00 days devoted to officer classes and participation is 100%of those eligible to participate. 0.00 points will be deducted for missing or incomplete records. D.briver anAb pera prTraining 2.04 2 For maximum credit, each driver and operator should receive 4 half- day sessions of driver/operator training per year in accordance with NFPA 1002 and NFPA 1451. There were 4.00 half-day sessions received per year by drivers and operators and participation was 100% of those eligible to participate. 0.00 points will be deducted for missing or incomplete records. E Neand Qperatar Training 2.00 2 For maximum credit, each new driver and operator should receive 40 hours of driver/operator training per year in accordance with NFPA 1002 and NFPA 1451. There were 40.00 hours received per year by new drivers and operators and participation was 100%of those eligible to participate. 0.00 points will be deducted for missing or incomplete records. F Training orp Hazardods Materials 0.81 1 For maximum credit,each firefighter should receive'/day of training for incidents involving hazardous materials in accordance with NFPA 472. There were 0.81 days of training received per year and participation was 100%of those eligible to participate. 0.00 points will be deducted for missing or incomplete records. ©ISO Properties,Inc.,2007 Page 26 Earned Credit Speciatize f Training(continued), Credit Available G.Recruit Traiining 5.00 5 For maximum credit, each firefighter should receive 240 hours of structure fire related training in accordance with NFPA 1001 within the first year of employment or tenure. There were 240.00 hours received per year and participation was 100%of those eligible to participate. 0.00 points will be deducted for missing or incomplete records. H.Pre-Fire Planning inspections 7.80 15 For maximum credit, pre-fire planning inspections of each commercial, industrial, institutional, and other similar type building (all buildings except 1-4 family dwellings)should be made twice per year by company members. Records of inspections should include up-to date notes and sketches. There are 80.00%of the buildings inspected at a yearly frequency of 1.00. Participation is 81,00%. 0.00 points will be deducted for missing or incomplete records. To determine the Credit for Training, the points credited in Item 580.A though 580.H are summed. For maximum credit, records should be kept of all training. NFPA 1401 outlines the appropriate manner in which to accomplish this. A deduction of up to 20 points (20% for each Item) is made for a lack of records. A deduction of 10% is made for incomplete records and 20%for no records for each sub-item. A total of 0.00 paints is deducted to reflect a deficiency of record keeping for Atascadero FD. Finally, this sum is divided by 100 and then multiplied by the 9 points available for Item 580 "Credit for Training (CT)". Item 580"Credit for Training (CT)" =4.98 points ©ISO Properties,Inc.,2007 Page 27 mni n a nnw,Mn.eeru_®ram.n The final step in determining the Credit for Fire Department is to add the following eight components: I Earned Credit i Item Credit Available 513. Credit for Engine Companies (CEC) 9.23 10 523. Credit for Reserve Pumpers (CRP) 0.91 1 _ 532. Credit for Pumper Capacity (CPC) 5.00 5- 549. Credit for Ladder Service (CLS) 1.67 5 553. Credit for Reserve Ladder and Service Trucks (CRLS) 0.23 1 561. Credit for Distribution (CD) 1.76 4� 571. Credit for Company Personnel (CCP)_ 3.65 _ 15 581. Credit for Training (CT) 4.98 9 Item 590. Credit for Fire Department: 27.43 50 a:r ter� u� Forty percent of a community's overall score is based on the adequacy of the water supply system. The ISO field representative evaluated: the capability of the water distribution system to meet the Needed Fire Flows at selected locations up to 3,500 gpm. size, type and installation of fire hydrants. inspection and condition of fire hydrants. Item 06–Credit for Supply System,(35 points) The first item reviewed was Item 616 "Credit for Supply System (CSS)". This item reviews the rate of flow that can be credited at each of the Needed Fire Flow test locations considering the supply works capacity, the main capacity and the hydrant distribution. The lowest flow rate of these items is credited for each representative location. A water system capable of delivering 250 gpm or more for a period of two hours plus consumption at the maximum daily rate at the fire location is considered minimum in the ISO review. To determine the score for Item 616 "Credit for Supply System (CSS)", three sub-items are evaluated (item 612 "Supply Works Capacity", Item 613 "Main Capacity" and Item 614 "Hydrant Distribution"). Where there are 2 or more systems or services distributing water at the same location, credit is given on the basis of the joint protection provided by all systems and services available. DISO Properties,Inc.,2007 Page 28 The supply works capacity is calculated for each representative Needed Fire Flow test location, considering a variety of water supply sources. These include public water supplies, emergency supplies (usually accessed from neighboring water systems), suction supplies (usually evidenced by dry hydrant installations near a river, lake or other body of water), and supplies developed by a fire department using large diameter hose or vehicles to shuttle water from a source of supply to a fire site. The result is expressed in gallons per minute (gpm). The normal ability of the distribution system to deliver Needed Fire Flows at the selected building locations is reviewed. The results of a flow test at a representative test location will indicate the ability of the water mains (or fire department in the case of fire department supplies)to carry water to that location. The hydrant distribution is reviewed within 1,000 feet of representative test locations measured as hose can be laid by apparatus. Credit is allowed up to 1,000 gpm for each hydrant within 300 feet of the location, 670 gpm for hydrants within 301 to 600 feet of the location and 250 gpm for hydrants within 601 to 1,000 feet of the location. Credit may be reduced when hydrants do not have a pumper outlet and/or two or more hose outlets. If a hose diameter greater than 2'/ inch is carried by all in-service pumpers, the hydrant distribution credit may be greater due to the reduced friction loss in the larger diameter hose. For maximum credit, the Needed Fire Flows should be available at each location in the district. Needed Fire Flows of 2,500 gpm or less should be available for 2 hours; and Needed Fire Flows of 3,000 and 3,500 gpm should be obtainable for 3 hours. Item 616 "Credit for Supply System (CSS)" = 34.67 Item 621 —'C`redit.for Hydran#s'(2 points) The second item reviewed is Item 621 "Credit for Hydrants (CH)". This item reviews the number of fire hydrants of each type compared with the total number of hydrants. For maximum credit, all hydrants should have a pumper outlet, 6 inch or larger branch connection, uniform size operating nut and should operate in a uniform direction in accordance with AWWA C-502 Standard for Dry-Barre! Fire Hydrants or AWWA C-503 Standard for Wet-Barrel Fire Hydrants. For maximum credit, all suction supply points should be equipped with a dry hydrant with a 6 inch or larger pipe and fittings, a minimum number of 90 degree elbows (preferably no more than two), and suction screen placement so that the dry hydrant will deliver the design capacity (usually 1,000 gpm) as specified in NFPA 1142, Standard on Water Supplies for Suburban and Rural Fire Fighting. OISO Properties,Inc.,2007 Page 29 There are a total of 1272 hydrants in the city. Earned Credit 626. Hydrants,-Size,Type and Installation Credit Available A.With a 6-inch or larger branch and a pi;umper.outlet 900.00 100 %with or without 2'/2-inch outlets There are 1272 hydrants that have a 6-inch or larger branch and a pumper outlet. B.With a 6-inch or larger branch and no pumper outlet 0.00 75 but two or more 2'/z-inch outlets,or with a small foot valve,or with a small barrel There are 0 hydrants that have a 6-inch or larger branch but no pumper outlet, or have a small foot valve or with a small barrel. C.With only a 2'/z inch outlet 0.00 25 There are 0 hydrants with only a 2'/Z-inch outlet. D.1t11ith;less than a 6-inch branch 0.00 25 There are 0 hydrants with less than a 6-inch branch connection. E.Flush Typp 0.00 25 There are 0 hydrants that are of the flush type. F.Cistern or sdction point 0.00 25 There are 0 locations that are considered a cistern and/or a suction point. -- Total 100.00 100 Note 1: 2 points are deducted for each 10 percent of the hydrants that are not operating in a uniform direction of the majority, or with an operating nut different from the majority. Of the 1272 hydrant that were reviewed, 0% did not operate in the direction of the majority and 0% had a different size operating nut. Note 2: 10 points are deducted if more than one type hose thread is used for pumper or hose outlets. Of the 1272 hydrant that were reviewed, none had a different hose thread than the majority. There were no points deducted for this item. To determine the "Credit for Hydrants (CH)", the points credited in Item 620.A though 620.F are summed, including any deductions. The sum is divided by 100 and then multiplied by the 2 points available for Item 621 "Credit for Hydrants (CH)", Item 621 "Credit for Hydrants (CH)" =2.00 ©ISO Properties,lne.,2007 Page 30 Item 630.—Credit for Inspection and Condition.(3 points) The third item reviewed is Item 630 "Credit for Inspection and Condition (CIC)". This item reviews the fire hydrant inspection frequency, the completeness of the inspections and the condition of hydrants. Inspection and condition of hydrants should be in accordance with AWWA M-17, Installation, Field Testing and Maintenance of Fire Hydrants. A. Inspection.(HIj. The frequency of inspection is the average time interval between the 3 most recent inspections. -Frequency_of Inspections Points .................................................................................................................................................................................... '/z year 100 1 year 80 2 years 65 3 years 55 4 years 45 5 years or more 40 Note: The points for inspection frequency are reduced by 10 points if the inspections are incomplete or do not include a flushing program. An additional reduction of 10 points are made if hydrants are not subjected to full system pressure during inspections. If the inspection of cisterns or suction points does not include actual drafting with a pumper, or back-flushing for dry hydrants, 40 points are deducted. B. Condition (H1=): A factor (HF) is determined from the following list of conditions according to the actual condition of hydrants examined compared with the total number examined during the survey: Condition Factor ................ ...................................................................................................................................................................................................................................................... Standard (no leaks, opens easily, conspicuous, well located for use by pumper) 1.0 Usable (with some defects and/or impediments to use) 0.5 Not Usable 0.0 For maximum credit, all hydrants should be inspected twice a year. The inspection should include operation of the fire hydrant, a test for leaks (using domestic pressure), and a flushing of the hydrant. Records should be kept of inspections. ©ISO Properties,Inc.,2007 Page 31 Water System: Atascadero Mutual Water Co Item 630.A"Inspection(HI):" Time Interval Most recent inspection was Jun 01, 2011 1St prior inspection was Jun 01, 2010 1 year 2nd prior inspection was Jun 01, 2009 1 year Review of Inspection (HI): Earned Credit Credit Available 80 100 For maximum credit, all hydrants should be conspicuous, well located for use by a pumper and in good condition. There was 1 hydrant examined in this FSRS item. Item 630.8`.`Con... tion(HF):" Maximum Factor Standard: 1.0 There was 1 hydrant considered in standard condition. Usable: 0.5 There were 0 hydrants considered in usable condition. Not Usable: 0.0 There were 0 hydrants considered not usable. Review of Condition (HF): Condition Factor Maximum Factor (HF) 1.00 1.0 To determine the "Credit for Inspection and Condition (CIC)", the points credited in Item 630.A are multiplied by the Condition Factor from Item 630.13. The product is divided by 100 and then multiplied by the 3 points available for Item 631 "Credit for Inspection and Condition (CIC)" Item 631 "Credit for Inspection and Condition (CIC)" =2.40 0130 Properties,Inc.,2007 Page 32 mim. The final step in determining the credit for Water Supply is to add Item 616, Item 621, and Item 631; Earned Credit Item Credit Available 616. Credit for Supply System (CSS) 34.67 35 621. Credit for Hydrants (CH) 2.00 2 631. Credit for Inspection and Condition (CIC) 2.40 3 Item 640. Credit for Water Supply: 39.07 40 I :-8.56 The Divergence factor mathematically reduces the score based upon the relative difference between the fire department and water supply scores. The factor is introduced in the final equation. ©ISO Properties,Inc.,2007 Page 33 SUr"inaq'y of Pu6!>rc,profecfi�Qn Gfassif�ation vre Ca�f iISS far Atascacra,'Fd Earned Credit FSRS Item Credit Available Receiving and Handling Fire Alarms 414. Credit for Telephone Service 2.00 2 422. Credit for Operators 3.00 3 432. Credit for Dispatch Circuits 2.85 5 440.Credit for Receiving and Handling Fire Alarms 7.85 10 Fire Department 513. Credit for Engine Companies 9.23 10 j 523. Credit for Reserve Pumpers ! 0.91 1 532. Credit for Pumper Capacity 5.00 5 549. Credit for Ladder Service ! 1.57 5 553. Credit for Reserve Ladder and Service Trucks j 0.23 1 € 561. Credit for Distribution !€ 1.76 4 571. Credit for Company Personnel l 3.65 15 580. Credit for Training ! 4.98 9 I 590.Credit for l=ire Department � 27.43 mm�50 Water Supply 616. Credit for Supply System 34.67 35 621. Credit for Hydrants 2.00 2 631. Credit for Inspection and Condition 2.40 3 € 640.Credit for Water Supply 39.07 40 { Divergence -8.56 -- I Total Credit 65.79 Community Classification =419 If the individual scores Atascadero FD achieved for Receiving and Handling Fire Alarms; Fire Department; and Water Supply were translated into a 100 point scale instead of the (10, 50 and 40) points actually used, the relative Fire Suppression Rating Schedule classification for each of these sections would be: Receiving and Handling Fire Alarms: a (relative) Class 3 Fire Department: a (relative) Class 5 Water Supply: a (relative) Class 9 QISO Properties,Inc.,2007 Page 34 o + N a c a c y e a Qo o a n 0 0 0 o c o0 0 0 a o d P o4 > o O vi Ln �n O kn O N O O O O O O O +n M M M M M W OGT GWz•7 4: OC C OO O O O O OO M M pc h M CG N N ON M M M tO :c 0 v o �j P o O O O O O O O O O O d O o O a z z d +y o� c 4. rn 0 0 0 0 0 C> d 0 0 0 0 0 0 0 o d c E °c YL y N E O O O O O O O O O O C O n O O O C O O O O O O C M M M M M N O e1• eY M 't W O G f w c 7 F dQ O V U ti � v L ry o O O O P O O o O O O O O N A.i � Lpzl OWC Qt G CL Q 3 3 Q E w i� of N O O U d p z 99 M a I+1 L C CIOC as � p ® O O O O O O o O P O O O O O ; U d z U C O H a Az z cLL cn o z r K cs cC cG cdCd a cd a a m a U O O GV^ °° 0 ° m w� O OU �U t _ aiU a� U Q8 cd Q m m v o v b Cd ro 3 c`� cVy v N u w o y � y W � � U � V Ua y O cyi y u D E v r w R civ a a v Q U O lz O E" 5� Gy Q oZj "V °�3 V' qj °',� cn �j fn �3 °� x o x a Ndd � w s or.G o a > c M c 5 c o c G Ei ° �_ a f Cd E - I E c c Q v w c U U U V cco Ea U U Ca E U ^� U U W cd _ U a it o m > a W [il V W u U W V �] Gal M } d o p 3 c W eo f C5, E E E E E E E E E E E d S >, i a E E E E c5 E E E E E E a U U U U U U U �j ° o 0 o G o 0 o f ` I r -0t V U U U U U U V m 0 — c w > Q U p w E N U g w CIz QQ m° E > EU 7 m F V F + . 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'cc c M It > 2 it 'O 0 E c > E l n < Z < O Q a � 0 ti 0Z p + ITEM NUMBER: C - 2 DATE: 05/22/12 191l8 If178 Atascadero City Council Staff Report — Community Services Department Proposed Donation of a Downtown Clock in Memory of Joanne Main by the Atascadero Wine Festival Committee RECOMMENDATION: The Parks and Recreation Commission recommends the Council review and approve the proposed downtown clock in memory of Joanne Main, to be located at the corner of EI Camino Real and East Mall. DISCUSSION: Background: The Atascadero Wine Festival Committee has brought forward a proposal to donate a vintage style clock in the downtown area to honor the memory of the late Joanne Main. Mrs. Main was the former Chamber of Commerce Executive Director, and a member of many community organizations. The clock was a project Mrs. Main had discussed as a future project to enhance Atascadero's downtown. The clock would be located at the highly visible corner of EI Camino Real and East Mall at the Sunken Gardens, across from the Peabody and Plum real estate office. Attached are pictures and renderings of the proposed clock and its location. The following reflects some specific information about the clock: • It is manufactured by the Verdin Bells and Clocks Company, which has been continuously in business since 1842 in Ohio. • It will be customized to read, "Atascadero 1913-2013." • The clock styling would be similar to the City's existing street lights around the Sunken Gardens. • The clock stands 10'ft. 11" inches tall, and would be mounted on a small concrete base that features a memorial plaque honoring Mrs. Main. • The clock is two-sided and has a lighted face. • The clock and pole would be painted a forest green. • The clock does not chime. • The Wine Festival Committee will pay for the clock ($> $10,000) and its installation. • The City of Atascadero would own and maintain the clock. It has a three-year warranty, and there is a company in Bakersfield that is certified to maintain the clock. The actual base of the clock will be designed for the corner of West Mall in consultation with City staff. The Photoshop depiction is conceptual. The item went before the Parks and Recreation Commission at its April 19, 2012, meeting to introduce the proposed project and give the Commission and the public an opportunity to provide input. The Commission recommends approval of the clock to the Council. Attached to this report are depictions of the proposed clock and the location. FISCAL IMPACT: None at this time. The clock will use a minimal amount of electricity, and the annual maintenance is expected to be very low for several years. ATTACHMENT: Attachment A - Clock Face Attachment B - Scale Drawing of the Proposed "Courtyard" Clock Attachment C - Photoshop conceptual depiction of the clock installed at EI Camino Real and East Mall ITEM NUMBER: C - 2 DATE: 05/22/12 Attachment A • ti lU 2 9 RFNDFRINC PR[PAR[U fOR: I�Ioi�k W�IK 1'MiwI Almiu[[lo fA R1.6r194 Rrnh11y,M7 oF!Icb IA,NII2 Lakeside Wine Festiva gn•['«,w,.�,�..,,a,.,K..�,i.�l Atascadero,CA 1Y1256>:C:IICXKti Iwdn lr..l.M.IiJ r[. 51NC1:8492 PII(1VIRIY 1)f 111[V[RI71N COMPANY <:irc lrc.r.�171 Ign.SIl�NN4bvw.vercNn.un ITEM NUMBER: C - 2 DATE: 05/22/12 Attachment A I ' Th Builds " ' p1 Any That's a B So We'd Our Str p When we in 1842,o steeple. clocks ev that revol the windi Today,w our hea same neighborhood as our first clock job,Old St.Mary's Church. Our Family We are a family business with the fifth generation of the Verdin family at the helm,and the sixth generation in training. Our clocks are still made in our factory by our extended family,talented employees with decades of experience and know-how. ITEM NUMBER: C - 2 DATE: 05/22/12 Attachment B COURI'YARD 2'-99A 6" 1. [0.85 M] [0.33 33 M] `BEZEL' P. EA SIDE _ I I C7 40 I 'i0� 'COVERS" — )j-r 4'K CLEAR LEAN TYR EA. S1DE $STD. "ROMAN" \ — NUMERAL DIAL \\ WITH 'SPADE" HANDS. (SHOWN) "PHOTO CELL" AUTO "ON" AT DUSK AND "OFF'AT DAWN- = SIDE ELEVATION To SPECIFICATIONS: of wTWO FACED, 24 inch. [0.61 M] LEGIBLE 22 inch. [0.56 M] i REAR ILLUMINATION FACE WITH "SPADE" HANDS, ALUMINUM POST WEATHER PROOF 1 a FINISH COLORS OPTIONS AVAILABLE r M "ACCESS PANEL" REMOVALBE ONE SIDE FOR-ALL PANELS HAVE TO "FAST—SET" CONTROL TAMPER—PROOF MODULE, MTG. OF POST SCREWS w( TOOL BY (BY GEAN. CONTR� do VERDIN. I O LEC. HOOK—UP (BY iq ^ ELEC. CONT-R.) I� [0.33 M] MODEL No. 4N Scale: Y2"= 1 ' 0" VERDIN DESIGN GROUP THE VERDIN COMPANY CORPORATE HEADQUARTERS 444 READING ROAD CINCINNATI,OHIO 45202 1-0005430488 miss@veldlnL v .YNTdm.ccm W M OESON COkCEPf 15 INE CCCLUSWE PROPERTY OF TIE YFROIN COMPANY.AND MAY NOT K COPIED.REPRODUCED, MANJI'ACiURm,MAR —.OR SOLD IN WHOLE OR AN PARI'THEREOF WITHOUT THE DtPRM WRIIEN CONSENT CF THE YERCIN COYFANY 444 READING ROAD,CINCI NAn,OHIO. DATE: 05/22/12 Attachment C 1iM+� - � - � ��1111111111m111 L ITEM NUMBER: C - 3 1u�1DATE: 05/22/12 II I ysis'i C�ar �- i ia7e Atascadero City Council Staff Report - City Attorney's Office Draft Response to Grand Jury Report Regarding Vacation and Sick Leave Accrual RECOMMENDATION: Council approve the Draft Response to Grand Jury Report and authorize the City Manager to execute the Draft Response. DISCUSSION: Background: Atascadero Personnel Rule 15.2(c) provides: "(c) Employees shall cease to accumulate vacation once their accrued vacation balance has reached two (2) times their current annual accrual. Further accumulation of vacation leave shall not occur until the employee's vacation leave balance falls below the maximum amount that can be accumulated. Upon recommendation of the department head with concurrence of the City Manager, an employee may accumulate vacation beyond the maximum under exceptional circumstances." While the limitation of vacation accrual in Rule 15.2(c) is set forth in the personnel rules, the City has not enforced the limitation for at least 20 years. As a result, the City has employees who have accrued vacation in excess of the limit. There are a number of City employees who chose to perform their duties instead of taking all of the vacation time to which they were entitled due to their dedication to the City. If these dedicated employees had taken the vacation time to which they were entitled in order to stay below the limitation amount for vacation accrual, then the City would have faced significant additional expenses including overtime expenses due to the increased workload on other City employees. The City's practice of permitting vacation to accrue without limitation is an unwritten practice. Consistent with California law, the fact that the City has permitted employees to accrue vacation without limitation has established an enforceable past practice. ITEM NUMBER: C - 3 DATE: 05/22/12 Furthermore, this enforceable past practice cannot be changed without providing notice to all employee associations and allowing them with an opportunity to meet and confer over the change to this past practice. Therefore, since the actions of the City have been consistent with the enforceable past practice of allowing vacation to accrue without limitation, this past practice serves as the controlling policy rather than Rule 15.2(c) and the City is not in violation of its own controlling policy on vacation time. On October 18, 2011, there was a meeting of the Finance Committee at which there was input by the public and discussion by the Committee on the subject of vacation accrual. This was a public meeting with a posted agenda. At this meeting, there was a presentation by City Attorney Brian Pierik, Finance Director Rachelle Rickard and Assistant City Manager Jim Lewis. There were members of the public who attended this meeting and provided the Committee with their comments. There was discussion by the Committee Members Bob Kelley and Roberta Fonzi and the direction by the Committee was for the City Attorney present a staff report to the City Council at its meeting set for October 25, 2011 and for the Finance Committee Comments to be communicated to the Council. On October 25, 2011, the City Council received a Staff Report from the City Attorney on the status of the City's vacation accruals and options for changing the policy. A copy of the October 25, 2011 Staff Report is included in Attachment 1 to this Staff Report. At the October 25, 2011 meeting, the City Council directed staff to address the issue through the meet and confer process with employee associations. The City staff stated that this process would begin in January 2012 as part of the negotiations for the comprehensive update of the City's Personnel Rules and Regulations, the document that contains the vacation accrual limit. On January 12, 2012, the first draft of the revised Personnel Rules and Regulations was released for employee associations to review for a period of one month. Consistent with Council direction, City Management began the meet and confer process during a lengthy meeting with employee organizations on February 15, 2012. A second meeting with employee organizations was held February 27, 2012. On February 28, 2012, there was a City Council meeting at which time City Manager Wade McKinney provided the Council with an update on the status of the City's efforts with regard to the vacation leave accrual policy. A third meeting was held on March 14, 2012. A fourth meeting was held on April 4, 2012. Based on the discussions at these meetings, City staff will prepare a final draft of the Personnel Rules and Regulations which will be reviewed by all employee organizations. ITEM NUMBER: C - 3 DATE: 05/22/12 The Personnel Rules and Regulations are very lengthy and complex and deal with issues such as recruitments, examinations, appointments, compensation, discipline, harassment, conflicts of interest and benefits. Vacation leave is one of several parts of the overall document being negotiated. City Staff has continued in the negotiations with employees regarding the vacation leave accrual and cap provisions consistent with City Council direction. City Staff anticipates the Personnel Rules and Regulations returning to the City Council for consideration in June 2012. When the Personnel Rules and Regulations return to the City Council, the vacation accrual and cap will be addressed, and once the new rules are adopted the new policy will be in effect. Grand Jury Report of February 28, 2012 On February 28, 2012, the San Luis Obispo Grand Jury transmitted a Report to the City of Atascadero on the subject of vacation accrual, copy attached to this Staff Report as Attachment 2. In this Report, the Grand Jury commented upon the subject of vacation accrual and other matters as related to all seven cities in the County of San Luis Obispo. The Grand Jury also made a number of Findings and Recommendations in the Report. The City is required to prepare a Response to this Grand Jury Report and transmit that Response to Presiding Judge of the Superior Court. The Findings upon which a response by the City of Atascadero is requested by the Grand Jury Report are Findings 1, 2, 7, 8 and 10. The Recommendations upon which a response by the City of Atascadero is requested by the Grand Jury Report are Recommendations 1, 2, 6, 7, 9 and 10. Draft Response to Grand Jury Report A Draft Response to the Grand Jury Report is attached to this Staff Report as Attachment 3. The Draft Response includes the proposed responses to Findings 1, 2, 7, 8 and 10 and also the proposed responses to Recommendations 1, 2, 6, 7, 9 and 10. ITEM NUMBER: C - 3 DATE: 05/22/12 FISCAL IMPACT: Approval of the Response to the Grand Jury Report has no fiscal impact to the City. ALTERNATIVES: 1. The Council may modify the Draft Response to the Grand Jury Report in such manner as the Council may determine appropriate. 2. If the Mayor has any comments regarding the Grand Jury Report in addition to the comments set forth in the Draft Response, then the Mayor may make separate comments in response to the Grand Jury Report ATTACHMENTS: 1. October 25, 2011 Staff Report, "Vacation Leave Accrual" 2. Grand Jury Report of February 28, 2012 3. Draft Response to Grand Jury Report ITEM NUMBER: C - 3 DATE: 05/22/12 Attachment 1 f91g IT 1979 10-25-11 Staff Report sAT��ERo Atascadero City Council Staff Report - City Attorney's Office Vacation Leave Accrual RECOMMENDATION: Council provide direction to City Staff regarding vacation leave accrual options. DISCUSSION: Introduction. The City Attorney prepared a Staff Report which was presented to the Finance Committee at its meeting on October 18, 2011, on the subject of vacation accrual. Staff will provide the City Council at its meeting on October 25, 2011 any recommendations made by the Finance Committee. There are generally two issues being discussed, both dealing with the limit on employees accruing vacation leave. What is the current policy on accruals and what should the policy be in the future? This Staff Report provides background and a legal analysis of the City of Atascadero vacation policy and practices and a discussion of the legal options available to the City. Legal Analysis The City Attorney's Office has reviewed the information provided by staff and has developed the following analysis: Atascadero Personnel Rule 15.2(c) provides- "(c) Employees shall cease to accumulate vacation once their accrued vacation balance has reached two (2) times their current annual accrual. Further accumulation of vacation leave shall not occur until the employee's vacation leave balance falls below the maximum amount that can be accumulated. Upon recommendation of the department head with concurrence of the City Manager, an employee may accumulate vacation beyond the maximum under exceptional circumstances." 1 ITEM NUMBER: C - 3 DATE: 05/22/12 Attachment 1 While the limitation of vacation accrual in Rule 15.2(c) is set forth in the personnel rules, the City has not enforced the limitation for at least 20 years. As a result, the City has employees who have accrued vacation in excess of the cap. The City's practice of permitting vacation to accrue without limitation is an unwritten practice. General Legal Principles Although no employer is required to provide employees with paid or unpaid vacations, once an employer has an established practice, policy, or agreement to provide paid vacations, California law restricts the manner in which the employer administers its vacation program. Specifically, Vacation pay constitutes "wages" within the meaning of Labor Code section 200. Further, section 227.3 of the Labor Code provides as follows: "Unless otherwise provided by a collective-bargaining agreement, whenever a contract of employment or employer policy provides for paid vacations, and an employee is terminated without having taken off his vested vacation time, all vested vacation shall be paid to him as wages at his final rate in accordance with such contract of employment or employer policy respecting eligibility or time served; provided, however, that an employment contract or employer policy shall not provide for forfeiture of vested vacation time upon termination." The California Supreme Court has explained that paid vacation "is not a gratuity or a gift, but is, in effect, additional wages for services performed," or a "form of deferred compensation." Suastez v. Plastic Dress-Up Co. (1982) 31 Cal.3d 774, 779-780. Restrictions on Accrual of Vacation Limitations on the amount of vacation that an employee can accrue are permissible under California law. However, these limitations must be carefully crafted. "[1]f the employment agreement precludes an employee from accruing more vacation time after accumulating a specified amount of unused vacation time (a 'no additional accrual' policy), the employee does not forfeit vested vacation pay. A 'no additional accrual' policy simply provides for paid vacation as part of the compensation package until a maximum amount of vacation is accrued. The policy, however, does not provide for paid vacation as part of the compensation package while accrued, unused vacation remains at the maximum. Since no more vacation is earned, no more vests. A 'no additional accrual' policy, therefore, does not attempt an illegal forfeiture of vested vacation." Boothby v. Atlas Mechanical, Inc. (1992) 6 Cal.App.4" 1595, 1602. Any vacation policy that provides for a forfeiture of vacation that is not used by a specific date is unlawful in California. Courts have held that these "use-it-or-lose-it" policies result in an impermissible forfeiture of vested vacation pay and consequently violate the provisions of Labor Code section 227.3. See Los Angeles County Professional Peace Officers' Assoc. v. County of Los Angeles (2004) 115 Cal.App.4t" 866. 2 ITEM NUMBER: C - 3 DATE: 05/22/12 Attachment 1 There have been occasions where employees attempt to voluntarily forfeit their vested vacation. Please note that employees cannot voluntarily forfeit vested vacation. Creation of a Past Practice As stated above, it is our understanding that the City has not enforced the cap on vacation accruals described in the personnel rules for at least 20 years. It is our further understanding that this failure to enforce the cap on vacation accruals has been administered without exception. Consistent with California law, the fact that the City has permitted employees to accrue vacation without limitation has established an enforceable "past practice." Under California law, "[a] past practice is one which is: (1) unequivocal; (2) clearly enunciated and acted upon; and (3) readily ascertainable over a reasonable period of time as a fixed and established practice accepted by both parties. A past practice must be `regular and consistent' or 'historic and accepted."' California School Employees Ass'n, Chapter 135 v. La Habra School District (2006) 30 PERC 93 citing Riverside Sheriffs' Assn. v. County of Riverside (2003) 106 Cal.AppAth 1285, 1291. The City's past practice of not enforcing its cap has been uniform and without exception, and thus it is "unequivocal." The practice has been acted upon repeatedly, and as it has continued for at least 20 years and has not been objected to by the City or its employee associations, it would likely meet the standard of a past practice. If a past practice is within the scope of representation (i.e., is wages, hours, or terms or conditions of employment), the City will be prohibited from changing that past practice until it meets its meet and confer obligations under the Meyers-Milias-Brown Act ("MMBA"). Consequently, in order to change its past practice and establish an enforceable cap on vacation, the City would need to provide notice to all the employee associations and provide them with the opportunity to meet and confer over the change to this past practice. Options for Addressing the Vacation Policy and Practice Should the Council want to change the policy and institute limits to accruals, the City will need to work through the "meet and confer" process with the employee associations and unions. The City will need to recognize past practice and build it into any new scenario. There are many options for creating new systems that can be discussed at the Finance Committee meeting. Potential future options include: 1. Maintain Existing Practice The City has the option of continuing forward in the same manner that it has for many years. There is a financial benefit to the City in proceeding in this manner, as it will not require the immediate cash-out of any vested vacation. However, the City would need 3 ITEM NUMBER: C - 3 DATE: 05/22/12 Attachment 1 to be mindful of its obligation to cash-out all vested vacation immediately upon termination. 2. Revise Personnel Rules to Reflect Current Practice Should the City wish to continue the practice of permitting employees to accrue vacation without limitation, the City could revise its Personnel Rules and any other relevant policies and contracts to reflect this practice. 3. Begin Enforcing Personnel Rule 15.2 (c) In order to enforce Personnel Rule 15.2 (c), the City would first need to notice its employee organizations of its intent and meet and confer over the decision and the effects of the decision. There are two alternatives that the City could utilize to enforce Personnel Rule 15.2 (c): a. Alternative No. 1: Cash Out Vacation in Excess of Cap and Then Enforce the Cap on Vacation Immediately This alternative would involve a cash out of all vacation that has accrued in excess of the cap at the employee's current rate of pay. Employees who are currently in excess of the cap would then automatically be at the cap, which would prevent them from earning any additional vacation until they had taken enough vacation to bring them below the cap. The financial expense here is that the City would incur the cost of cashing out the vacation at one time which we understand has been an impediment to enforcing Personnel Rule 15.2 (c) in light of current budget restraints. b. Alternative No. 2: Allow Employees to Take Time Off and Enforce the Cap on Vacation Gradually Rather than enforcing the cap on vacation immediately, the City could do so gradually over an established period of time. As with the first alternative of enforcing the cap immediately, this second alternative would also be a change in past practice and the City's obligation to meet and confer would have to be satisfied before proceeding. The "gradual" enforcement of the policy would entail agreeing to a date in the future when all employees are required to be under the cap on vacation accruals. Before that date occurs, the City would either have to permit employees to use their vacation in excess of the cap and/or cash out their vacation. The City would still face a financial impact from the expense of the cash-out, and the expense of additional overtime, temps and other workload coverage expenses, but the City would be able to spread this cost over time. 4 ITEM NUMBER: C - 3 DATE: 05/22/12 Attachment 1 4. Create a new Personnel Rule for vacation accrual The City Council may decide to give direction to City Staff to draft a new Personnel Rule pertaining to vacation accrual. This option would require that the City comply with the meet and confer process. FISCAL IMPACT: The Fiscal Impact will depend upon the option selected by the City Council regarding vacation accrual. 5 ITEM NUMBER: C - 3 DATE: 05/22/12 Attachment 2 PAY IME NOW OR PAY ME LATER CITY EMPLOYEE VACATION AND SICK LEAVE ACCUMULATION PAY INTRODUCTION This report is a study of actual employee vacation and sick leave accumulation,and the rules and regulations governing these accumulations,in each San Luis Obispo County municipality. ORIGIN This Grand Jury investigation resulted frons a citizen complaint and was expanded to include all cities in the County. PROCEDURE The Grand Jury obtained infonnation for this report from the following sources: 1. Personnel Rules and Regulations from all seven cities in San Luis Obispo County 2. All Memorandums of Understanding' (MOUs)from all seven cities. Memorandums were for all bargaining units2 in each jurisdiction;they identify vacation, sick leave and overtime policies in each city,unit by unit. 3. A record of each city employee, identifying his or her accumulated sick leave,vacation and overtime 'Memorandum of Understanding is an understanding reached as a result of meeting and conferring on hours,wages and working conditions pursuant to California law. 2 Bargaining units are police and fire safety personnel,management employees,confidential(at will and exempt employees,usually working for management personnel)and miscellaneous employees,who are usually non-safety personnel,e.g.,parks,building,planning. Page 1 4. Calculations of the potential unfunded liability3 for vacation time in each jurisdiction, based upon current data submitted 5. Follow-up communication with a city if there was any question about the data received 6. Calculations of accumulated vacation time at a conservative $35 per hour based upon when the documentation was received by the 2011-2012 Grand Jury NARRATIVE CITY OF ARROYO GRANDE Each employee unit has a different amount of maximum accumulated time that can be carried for vacation and sick leave. Vacation time can vary from 200 to 225 hours, except for management personnel who can accumulate up to 750 hours of vacation time. The City requires all employees to use at least 80 hours of vacation time annually after one year of service. The Grand Jury found that there is only one employee who has exceeded the maximum amount of vacation time allowed; that person was grandfathered in when the rules were changed. The City allows up to 480 hours of accumulated sick leave. Annually, an employee has the option of being paid 25% of his/her unused sick leave for the preceding twelve months. In lieu of payinent, an employee may opt to transfer 25% of his/her unused sick leave to vacation credit. Overall, the City has 83 full and part-time employees with a total of 7,232 hours of accumulated vacation time on its books and only one employee who exceeds the allowable accumulated time. The employee average is about 87 hours or I I days of vacation. The City currently has an unfunded liability for accumulated vacation time in the amount of $253,120. As a result, the City appears to be managing its leave time very well. 3 Unfunded liability is the payment owing for accumulated vacation tune at a future date when an employee leaves the city,and is paid out of general operating funds available to the city at the time of payout. Usually,final payments are at a rate of pay higher than that being earned at the time the vacation was accumulated. Page 2 CITY Or ATASCA.UERO The City of Atascadero has a policy limiting vacation accrual, but has not enforced its own policy for over 20 years, thereby causing a major problem for the City. The City's policy clearly states, "Employees shall cease to accumulate vacation once their accrued vacation balance has reached two (2)times their annual accrual rate." On October 25,2011,the City Attorney provided a legal analysis to the City Council regarding restrictions on accrual of vacation, general principles and past practices, and submitted the following options for the City Council to consider: • Maintain existing practice • Revise Personnel Rules to reflect current practices • Begin enforcing current rules, which would require a meet and confer process with employee bargaining units • Allow employees to take time off and enforce the vacation cap gradually • Create a new Personnel Rule for vacation accrual The City Attorney developed these options for the City Manager and the City Council to help resolve this problem. As of this writing,however, no action has been taken by the City Council. The City of Atascadero has unlimited accrual of sick leave and a"Stay Well" bonus program. Once eligible, an employee may opt to receive a pay-off equal to one-third of the unused annual allotment of sick leave. The City does not pay off accumulated sick leave when an employee leaves the City, with the exception of Mid-management personnel. Mid-management personnel are entitled to receive payment at their hourly rate for one-half of their accur nulated sick leave. The City of Atascadero currently has 116 employees with 25,352 hours of accumulated vacation time on its books and unfunded liability for accumulated vacation time of$887,320. The average accumulated vacation time per employee is more than 218 hours or approximately 27 days, which is the second highest total in the County. Page 3 The City is managing its vacation time poorly and has built up a significant unfunded liability as a result. CITY OF GROVER BEACH Employees may earn up to 280 hours of vacation time a year, depending upon how long they have been with the City. The City has a"Buy Back"program for vacation when accumulation exceeds 60%of the authorized time allowed. Employees may be paid a maximum of 80 hours of compensation for vacation accumulation in any calendar year. This approach minimizes unfunded liability. Employees with less than five years with the City may accumulate a maximum of 20 days, while employees with five to ten years may accumulate up to 25 days. Employees with over ten years with the City may accumulate a maximum of 34 days. Any vacation exceeding this amount will be forfeited,unless approved by the City Administrator in advance. Management and Confidential unit employees may accumulate up to 632 hours of vacation time, depending on how many years they have worked for the City. Sick leave may be accumulated up to 2,000 hours,and management personnel may be paid a maximum of 672 hours upon leaving city employment. However, effective with new contracts, the sick leave buy back policy has been suspended. Some accumulated sick leave may be applied to the Public Employee Retirement System(PERS), depending on the existing contracts at the time of retirement. At present,the City has a total of 55 employees with 10,496 hours of accumulated vacation time on its books and unfunded liability for accumulated vacation time in the amount of$367,360. The relatively high unfunded liability may cause some concern, as the average vacation accumulation per employee is 190 hours or about 24 days. However, it appears as if the City is Page 4 managing its accumulated vacation time quite well, it addresses the issue on an annual basis in an effort to limit its liability. CITY OF MORRO BAY The City of Morro Bay has a vacation accumulation policy ranging from 10 to 20 days per year. Employees may carry forward one year of their maximum allowable annual accumulation of vacation time. There is a"buy back"program for some employees when they exceed the maximum allowable accrual time. The City has a policy that once an employee reaches the maximum vacation accumulation, the employee may not continue to accrue vacation time. However, City records indicate that several employees appear to have more time on the books than allowed by City rules and regulations. The City Manager is authorized to grant approval to exceed the maximum allowable accrual of vacation,but it is not known if such approval has been granted officially. Management and Confidential Unit employees may accumulate up to 400 hours of vacation time. The Grand Jury noted that twelve employees have over 300 hours of accumulated vacation time, four employees have over 400 hours and two employees have in excess of 600 hours. The City has no limit on sick leave accumulation and there is a pay-off policy between 25% and 35% of sick leave accumulation when the employee leaves City employment, depending upon the bargaining unit. The City has a total of 98 full and part-time employees with total accumulated vacation time of 14,766 hours and unfunded liability for accumulated vacation time of$516,810. The average vacation accumulation per employee is about 151 hours or 19 days. The City appears to be managing accrued vacation time reasonably well, but it does have some long-time employees who may cause a financial problem when they leave City employment. Page 5 CITY OF PASO ROBLES The City of Paso Robles has a policy governing how many vacation hours an employee may accumulate on an annual basis. This accurnulation is based upon time in service and ranges from 80 to 160 hours, except for Management and Confidential Unit employees who may accrue up to 200 hours. In the City's Personnel Rules,under Section 16.02 (c),however, the policy states: "At no time may an.employee have a total balance of vacation days in excess of one-and-one-half times its current, annual accrual rate. Excess vacation accrued in this manner shall be lost if not taken within 60 days of the date the maximum accumulation is reached." The Grand Jury found that 67 of 165 City employees, or 40%, exceed the maximum vacation allowed, even though the City has a policy of paying off vacation time up to one week per year, if the employee has at least three weeks of vacation accumulated. It is obvious that the City does not follow its own vacation accrual policy. The Grand Jury investigation revealed that the City has an enormous problem of accumulated vacation time and related unfunded liability. The largest accumulation is among the Police Department and Management and Confidential Unit employees,the two highest paid units in the City. This situation magnifies the problem because the cost of payout per employee in these two units exceeds the cost of payout per employee in the Miscellaneous Unit(non-safety personnel). Currently, the City has 47,045 total hours of accumulated vacation on its books and unfunded liability for accumulated vacation time of$1,646,575 because it does not enforce its maximum vacation accumulation policy. The 165 City employees have an average of 285 accumulated vacation hours or more than 36 days per employee, which is the highest accumulation in the County. In contrast, the City of San Luis Obispo has 50,429 hours on its books for 345 employees, for an average time accumulated vacation time of only 18.25 days per employee. Page 6 The City of Paso Robles has unlimited accrual of sick leave, as do most of the cities in the county. The Grand Jury also noted that the City of Paso Robles appears to have a set of personnel rules and regulations that has not been updated since 1989. As a result,there may be significant outdated policies and procedures that require a thorough review by the City Council and staff. CITY OF PISMO BEACH In the City of Pismo Beach,vacation time varies with the employee bargaining unit. Generally, employees can receive up to 20-22 days, depending upon time with the city, and may accrue up to 44 days or two times the employee's annual accrual rate. The City has no cap on accumulated sick leave accruals; however, payment of accrued sick leave cannot exceed 480 hours. Some time may be converted to the retirement system, depending upon. the existing city contract with PERS. The City has a total of 85 employees with 8,691 accumulated vacation hours and unfunded liability for accumulated vacation time of$304,185. Although this number may seem to be cause for concern, the City of Pismo Beach has no employees who exceed the maximum allowed. The City averages about 103 hours of accumulated time or about 13 days per employee. Vacation time appears to be well managed. CITY OF SAN LUIS OBISPO In the City of San Luis Obispo, vacation can be accrued up to two times the annual rate allowed for an employee. Depending upon.the bargaining unit;the City may buy back from an employee up to 80 hours of vacation time annually. The City of San Luis Obispo has unlimited accumulation of sick leave and can pay off Miscellaneous Unit employees between 10% and 15%of their accumulation, after an employee Page 7 has 20 years with the City. Tire and Police personnel can receive up to 30%payment of their accumulation, depending upon time with the City. There are so many variations on buy back of time, accrual rates and other forms of compensation that analysis of vacation time is the most meaningful. The City of San Luis Obispo has a total of 50,740 hours of accumulated vacation time and unfunded liability for accumulated vacation time of$1,775,900. With 345 employees,however, the City has an average accumulated vacation time of only 147 hours or approximately 18 days per employee. The City of San Luis Obispo is well within its policy guidelines for vacation accumulation and vacation time appears to be well managed. Page 8 SUMMARY TABLES The two tables below summarize the vacation accrual issues that each municipality in San Luis Obispo County must manage. The first table shows the amount of unfunded liability for vacation accrual by city in the County. Table 1: Summary of Unfunded Liability for Vacation Accrual City Unfunded Liability for Vacation Accrual Arroyo Grande $253,120 Atascadero $887,320 Grover Beach $367,360 Morro Bay $516,810 Paso Robles $1,646,575 Pismo Beach $304,185 San Luis Obispo $1,775,900 Note: Gates of the amount of unfunded liability vary by city. All calculations of accumulated vacation time are based upon when the documentation was submitted to the 2011-2012 Grand Jury in mid- 2011, at an average cost of$35 per hour. The second table shows the average vacation accrual in hours per employee by city in the County. Table 2: Summary of Average Vacation Accrual per Employee City Average Vacation Accrual - Hours per Employee Arroyo Grande 87 Atascadero 218 Grover Beach 190 Morro Bay 151 Paso Robles 285 Pismo Beach 102 San Luis Obispo 147 __ Page 9 CONCLUSION After a review of the vacation and sick leave policies of the cities in San Luis Obispo County, and a review of accumulated vacation time for employees, it is apparent that some cities are not in compliance with their own personnel rules, regulations and policies. Several jurisdictions have excessive accumulated vacation time that places the city in financial jeopardy due to unfunded liability. Employees have been allowed to accumulate excessive vacation time, either as a result of poor management practices or the inability of management to allow vacation time off for employees. It is obvious that several jurisdictions have, or will have, a considerable problem in paying off accumulated vacation time. Almost all accumulated time is paid off at a higher rate than when it was earned,which adds an additional financial burden on all cities. It is also clear that in some jurisdictions personnel rules and regulations have not been updated for some time. As a result,they do not reflect current practices. Some jurisdictions appear to use employee agreements in lieu of updating their personnel rules and regulations; they incorporate the agreements into the personnel rules by reference. It is very difficult for an individual who is not familiar with a particular jurisdiction to understand employee benefits fully by reviewing only the Personnel Rules. All Memorandums of Understanding should be reviewed, as well. Page 10 FINDINGS 1. There is substantial unused accumulated vacation time in all jurisdictions in San Luis Obispo County. 2. With the exception of the Cities of Grover Beach and Arroyo Grande, all jurisdictions in San Luis Obispo County allow unlimited accrual of sick leave. All jurisdictions but one, however, have a policy allowing the buy back or payoff of accumulated sick leave either annually or upon leaving city employment. 3. The City of Paso Robles,with only 165 employees, has more than 47,000 hours of accumulated vacation on its books and an enormous unfunded liability of$1,646,575. 4. The City of Paso Robles has a policy stating that no employee can exceed one-and-one- half times their annual accumulation or they will lose their vacation time. 5. The City of Paso Robles is in gross violation of its own policies governing accumulated vacation time;40%of City employees exceed the stated policy. 6. The City of Paso Robles has not updated its personnel rules and regulations since 1989. 7. The City of Atascadero has admittedly and blatantly violated its own policies on vacation time for more than 20 years. 8. The City of Ataseadero has not acted to date on any policy changes related to its accumulated vacation problem, in spite of the recommendations of the City Attorney. 9. The City of Morro Bay has 12 employees with over 300 hours of accumulated vacation time and is in violation of its own policies,in some cases. Page 11 10. Most jurisdictions do not update their personnel rules and regulations after MOUs are developed with each bargaining unit. All personnel rules are incorporated into any new MOUS, but personnel rules are not always updated accordingly. RECOMMENDATIONS 1. All jurisdictions should review their accumulated vacation time and implement steps to address future accumulation and payment of vacation time. 2. All jurisdictions that do not update their personnel rules after implementing new Memorandums of Understanding should update their personnel rules to reflect current practices. 3. The City of Paso Robles should review and update its Personnel Rules and Regulations. 4. The City of Paso Robles should take immediate steps to stop additional vacation accumulation in violation of its own policies. S. In order to reduce its unfunded liability, the City of Paso Robles should consider a multi- year program to pay off accumulated vacation time. 6. The Atascadero City Council should irmnediately address the recommendations made by their City Attorney for dealing with the problem of maximum allowable vacation time, implement one of the recommendations and adhere to it. 7. The City of Atascadero should consider a multi-year program to pay off accumulated vacation time and sick leave, and thereby reduce its unfunded liability. 8. The City of Morro Bay should enforce its policies with regard to accumulation of vacation time in excess of allowable time. Page 12 9. All jurisdictions in the County should constantly monitor their accumulated sick leave, vacation and compensatory time to ensure that they do not incur further unfunded liabilities. 10. All jurisdictions in the County should report annually to their citizens on the status of vacation and sick leave accumulations, and compare thein with the prior year to demonstrate how they are addressing the unfiinded liability issue. COMMENDATIONS The Cities of Arroyo Grande, Pismo Beach and San Luis Obispo are managing their accumulated vacation time extremely well. REQUIRED RESPONSES All cities are required to respond to Findings 1, 2 and 10, and Recommendations 1, 2, 9, and 10. The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior Court by May 30, 2012. Please provide a paper copy and an electronic version of all responses to the Grand Jury, The City of Paso Robles is required to respond to Findings 1-6 and 10,and Reconunendations 1-5, 9 and 10. The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior Court by May 30,2012. Please provide a paper copy and an electronic version of all responses to the Grand Jury. The City of Atascadero is required to respond to Findings 1,2, 7, 8, and 10, and Recommendations 1,2, 6, 7, 9, and 10. The responses shall.be submitted to the Presiding Judge of the San Luis Obispo County Superior Court by.May 30, 2012. Please provide a paper copy and an electronic version of all responses to the Grand Jury. Page 13 The City of Morro Bay is required to respond to Findings 1, 2, 9, and 10, and Recommendations 1, 2 and 8-10. The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior Court by May 30,2012. Please provide a paper copy and an electronic version of all responses to the Grand Jury. The mailing addresses for delivery are: Presiding Judge Grand Jury Presiding Judge Barry T. LaBarbera San Luis Obispo County Grand Jury Superior Court of California P.O. Box 4910 1050 Monterey Street San Luis Obispo, CA 93402 San Luis Obispo, CA 93408 The email address for the Grand Jury is: GrandJuzy@co.slo.ca.us Page 14 Response to Grand Jury Report Form Report Title: Report Date: Authorized Responder: FINDINGS • I (we) agree with the findings numbered.- 0 umbered:• l (we) disagree wholly or partially with the findings numbered: (Attach a statement specifying any portions of the findings that are disputed, include an explanation of the reasons.) RECOMMENDATIONS • Recommendations numbered have been implemented. (Attach a summary describing the implemented actions.) • Recommendations numbered have not yet been implemented, but will be implemented in the future. (Attach a timeframe for the implementation.) • Recommendations numbered require further analysis. (Attach an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or director of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.) • Recommendations numbered will not be implemented because they are not warranted or are not reasonable. (Attach an explanation.) Date: Signed: Number of pages attached Revised February 2012 ITEM NUMBER: C - 3 DATE: 05/22/12 Attachment 3 Draft Response to Grand Jury Report Form Report Title: "PAY ME NOW OR PAY ME LATER" Report Date: The Grand Jury Report is undated, but was sent to the City by correspondence from the Grand Jury dated February 28, 2012. Response by: Mayor Bob Kelley and Atascadero City Council Title: Mayor and City Council Members FINDINGS The Report requests the City of Atascadero to respond to Findings 1, 2, 7, 8 and 10 1 (we) agree with the findings numbered: Finding 1 as relates to City of Atascadero I (we) disagree wholly or partially with the findings numbered: Finding 2 as relates to City of Atascadero Finding 7 Finding 8 Finding 10 as relates to City of Atascadero (Attach a statement specifying any portions of the findings that are disputed; include an explanation of the reasons.) SEE ATTACHMENT RECOMMENDATIONS The Report requests the City of Atascadero to respond to Recommendations 1, 2, 6, 7, 9 and 10 Recommendations numbered as listed below have been implemented Recommendation No. 1 -- As discussed in response to Finding 8, below in the Attachment, the City of Atascadero is reviewing its accumulated vacation time and will be implementing steps to address future accumulation and payment of vacation time. Time frame: Personnel Rules are expected to be presented to the City Council in June 2012 Recommendation No. 6 -- As discussed in response to Finding 8, below in the Attachment, the City of Atascadero is addressing the recommendations made by their City Attorney regarding accrued vacation leave and will be implementing an appropriate Personnel Rule and Regulation on this subject. Time frame: Personnel Rules are expected to be presented to the City Council in June 2012 ITEM NUMBER: C - 3 DATE: 05/22/12 Attachment 3 (Attach a summary describing the implemented actions.) SEE ATTACHMENT Recommendations numbered as listed below have not yet been implemented, but will be implemented in the future. See discussion above regarding Recommendation No. 1 and No. 6 (Attach a timeframe for the implementation.) Recommendations numbered N/A require further analysis. (Attach an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or director of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.) Recommendations numbered as listed below will not be implemented because they are not warranted or are not reasonable. Recommendation No. 2 — See Attachment for explanation Recommendation No. 7 — See Attachment for explanation Recommendation No. 9 -- See Attachment for explanation. Recommendation No. 10 -- See Attachment for explanation Date: May , 2012 Signed: Wade McKinney, City Manager City of Atascadero Number of pages attached: Eight(9) including Attachment and Staff Report of 10/25/11 ITEM NUMBER: C - 3 DATE: 05/22/12 Attachment 3 ATTACHMENT TO GRAND JURY REPORT FORM RESPONSE BY CITY OF ATASCADERO FINDINGS 2. Finding: With the exception of the Cities of Grover Beach and Arroyo Grande, all jurisdictions in San Luis Obispo County allow unlimited accrual of sick leave. All jurisdictions but one, however, have a policy allowing the buy back or payoff of accumulated sick leave either annually or upon leaving city employment. Response to Finding 2: With regard to Finding 2 as relates to the City of Atascadero, the City policy provides that for designated employees including Executive Management, Mid Managers and Confidential employees, after five years of employment, receive one-half of their sick leave accrual upon leaving the employment of the City. 7. Finding: The City of Atascadero has admittedly and blatantly violated its own policies on vacation time for more than 20 years. Response to Finding 7: With regard to Finding No. 7, this Finding is not an accurate characterization of the practice of the City of Atascadero with regard to accrual of vacation leave. In fact, the use of the term "blatantly" is clearly an inappropriate characterization of the practice of the City since the term "blatant" is commonly defined as "brazenly obvious, flagrant." An accurate description of what has occurred in the City with regard to the accrual of vacation leave is as follows. Atascadero Personnel Rule 15.2(c) provides: "(c) Employees shall cease to accumulate vacation once their accrued vacation balance has reached two (2) times their current annual accrual. Further accumulation of vacation leave shall not occur until the employee's vacation leave balance falls below the maximum amount that can be accumulated. Upon recommendation of the department head with concurrence of the City Manager, an employee may accumulate vacation beyond the maximum under exceptional circumstances." While the limitation of vacation accrual in Rule 15.2(c) is set forth in the personnel rules, the City has not enforced the limitation for at least 20 years. As a result, the City has employees who have accrued vacation in excess of the limit. There are a number of City employees who chose to perform their duties instead of taking all of the vacation time to which they were entitled due to their dedication to the City. Furthermore, if these dedicated employees had taken the vacation time to which they were entitled in order to stay below the limitation amount for vacation accrual, then the City would have faced significant additional expenses including overtime expenses due to the increased workload on other City employees. The City's practice of permitting vacation to accrue without limitation is an unwritten practice. Consistent with California law, the fact that the City has permitted employees to accrue vacation without limitation has established an enforceable past practice. Furthermore, this enforceable past practice cannot be changed without providing notice to all employee associations and allowing them with an opportunity to meet and confer over the change to this past practice. The legal significance of a past practice is addressed in detail in the Staff Report submitted by the City Attorney to the City Council at its meeting on October 25, 2011, copy attached hereto. ITEM NUMBER: C - 3 DATE: 05/22/12 Attachment 3 Therefore, since the actions of the City have been consistent with the enforceable past practice of allowing vacation to accrue without limitation, this past practice serves as the controlling policy rather than Rule 15.2(c) and the City is not in violation of its own controlling policy on vacation time. 8. Finding: The City of Atascadero has not acted to date on any policy changes related to its accumulated vacation problem, in spite of the recommendations of the City Attorney. Response to Finding 8: This Finding is completely untrue. In fact, the City has taken action with regard to the subject of accumulated vacation leave which is described here. On October 18, 2011, there was a meeting of the Finance Committee of the City Council at which there was input by the public and discussion by the Committee on the subject of vacation accrual. This was a public meeting with a posted agenda. At this meeting, there was a presentation by City Attorney Brian Pierik, Finance Director Rachelle Rickard and Assistant City Manager Jim Lewis. There were members of the public who attended this meeting and provided the Committee with their comments. There was discussion by the Committee Members Bob Kelley and Roberta Fonzi and the direction by the Committee was for the City Attorney present a staff report to the City Council at its meeting set for October 25, 2011 and for the Finance Committee Comments to be communicated to the Council. On October 25, 2011, the City Council received a Staff Report from the City Attorney (copy attached) on the status of the City's vacation accruals and options for changing the policy. At this meeting, the City Council directed staff to address the issue through the meet and confer process with employee associations. The City staff stated that this process would begin in January 2012 as part of the negotiations for the comprehensive update of the City's Personnel Rules and Regulations, the document that contains the vacation accrual limit. On January 12, 2012, the first draft of the revised Personnel Rules and Regulations was released for employee associations to review for a period of one month. Consistent with Council direction, City Management began the meet and confer process during a lengthy meeting with employee organizations on February 15, 2012. A second meeting was held February 26, 2012. A third meeting was held on March 14, 2012. A fourth meeting was held on April 4, 2012. Based on the discussions at these meetings, City staff will prepare a final draft of the Personnel Rules and Regulations which will be reviewed by all employee organizations. The Personnel Rules and Regulations are very lengthy and complex and deal with issues such as recruitments, examinations, appointments, compensation, discipline, harassment, conflicts of interest and benefits. Vacation leave one of several part of the overall document being negotiated. City Staff has continued in the negotiations with employees regarding the vacation leave accrual and cap provisions consistent with City Council direction. City Staff anticipates the Personnel Rules and Regulations returning to the City Council for consideration in June 2012 or sooner if negotiations can be completed earlier. When the Personnel Rules and Regulations return to the City Council, the vacation accrual and cap will be addressed, and once the new rules are adopted the new policy will be in effect. On February 28, 2012, there was a City Council meeting at which time City Manager Wade McKinney provided the Council with an update on the status of the City's efforts with regard to the vacation leave accrual policy. ITEM NUMBER: C - 3 DATE: 05/22/12 Attachment 3 Thus, the City has acted with regard to the vacation leave accrual policy and intends to continue to proceed as described above. 10. Finding: Most jurisdictions do not update their personnel rules and regulations their personnel rules and regulations after MOUs are developed with each bargaining unit. All personnel rules are incorporated into any new MOUs, but personnel rules are not always updated accordingly. Response to Finding 10: This response is limited to Finding 10 as it relates to the City of Atascadero. In the City of Atascadero, MOUs serve a different purpose than Personnel Rules and Regulations. MOUs are specific to the needs and preferences of individual bargaining units regarding their wages, terms and conditions of employment. MOUs may vary significantly among employee associations. MOUs are also frequently of shorter duration than Personnel Rules and Regulations and are updated as an organizations financial condition changes. Personnel Rules and Regulations serve as the backbone of the City's Human Resources program and apply to all City employees and are updated to be consistent with State and Federal law and best practices. RECOMMENDATIONS 1. Recommendation: All jurisdictions should review their accumulated vacation time and implement steps to address accumulation and payment of vacation time. Response to Recommendation No.1: As described above in regard to Finding No. 8, the City of Atascadero is reviewing accumulated vacation leave and the City intends to implement steps to address accumulation and payment of accumulated vacation leave. 2. Recommendation: All jurisdictions that do not update their personnel rules after implementing new Memorandums of Understanding should update their personnel rules to reflect current practices. Response to Recommendation No. 2: For the reasons stated in the City's response to Finding 10 above, the City will not implement Recommendation No. 2. 6. Recommendation: The Atascadero City Council should immediately address the recommendations made by their City Attorney for dealing with the problem of maximum allowable vacation time, implement one of the recommendations and adhere to it. Response to Recommendation No.6: As described above in regard to Finding 8, the City of Atascadero is reviewing accumulated vacation leave and the City intends to implement steps to address accumulation and payment of accumulated vacation leave. ITEM NUMBER: C - 3 DATE: 05/22/12 Attachment 3 7. Recommendation: The City of Atascadero should consider a multi-year program to pay off accumulated vacation time and sick leave, and thereby reduce its unfunded liability. Response to Recommendation No.7: As described above in regard to Finding 8, the City is reviewing the options for addressing the subject of accumulated vacation time and sick leave and will make the appropriate decision following that review. 9. Recommendation: All jurisdictions in the County should constantly monitor their accumulated sick leave, vacation and compensatory time to ensure that they do not incur further unfunded liabilities. Response to Recommendation No.9: The City of Atascadero has reviewed, and will continue to review, liabilities for all leave including sick leave, vacation and compensatory time, during the annual audit process. The City believes this action is sufficient and the City does not intend to take undertake the time and expense of any further monitoring. 10. Recommendation: All jurisdictions in the County should report annually to their citizens on the status of vacation and sick leave accumulations, and compare them with the prior year to demonstrate how they are addressing the unfunded liability issue. Response to Recommendation No.10: As described above in regard to Finding 8, the City is also in the process of reviewing the subject of vacation accrual and is considering the available options. With regard to reporting on the status of vacation and sick leave accumulations, the City prepares annually a Financial Statement which contains the total for all compensated absences including vacation leave, sick leave, holiday pay, compensatory time off and administrative leave. The current year Financial Statement, as well as all the Financial Statements for all prior years, is a public record and is posted on the City's website. The Financial Statement is also submitted to the City Council each year for approval at a notice public meeting of the Council and the Agenda and the Agenda Report for that item is posted on the City's website. For these reasons, there is no need to incur the time and expense for any additional reporting on this subject and the City does not intend to do so. ITEM NUMBER: C -4 DATE: 05/22/12 r 1978 , �y Atascadero City Council Staff Report - City Manager's Office Draft Response to Grand Jury Report "Citizen Complaints and Internal Affairs Investigations" RECOMMENDATION: Council approve the Draft Response to the Grand Jury Report Form and authorize the City Manager to execute the document on the City Council's behalf. DISCUSSION: The San Luis Obispo County Grand Jury released a report in June of 2005 entitled, "Citizen Complaints against Law Enforcement Agencies, Internal Affairs Investigations." The City responded to this report, in accordance with CPC 933(c), in September of 2005. In October of 2011, the Grand Jury sent a letter to the Atascadero Police Chief, stating that "Given the fact that most current Police Chiefs and the Sheriff were not in office at the time the original report was issued, the 2011-2012 SLO County Grand Jury would like to interview you for an update on the responses of your agency to the 2004-2005 SLO County Grand Jury report." Newly appointed Police Chief Haley responded to their request and was interviewed by the Grand Jury in November 2011. In March 2012, the Grand Jury submitted a new report to the City entitled, "Citizen Complaints and Internal Affairs Investigations," and asked for a response from the legislative body. Staff has prepared the attached response for Council's review and approval. FISCAL IMPACT: None. ITEM NUMBER: C -4 DATE: 05/22/12 ALTERNATIVES: The City Council may revise the response to the Grand Jury before approval. ATTACHMENTS: 1. San Luis Obispo County Grand Jury Report 2. Response to Grand Jury Report Form ITEM NUMBER: C -4 ®ATE: 05/22/12 Attachment 1 CITIZEN COMPLAINTS AND INTERNAL AFFAIRS INVESTIGATIONS SUMMARY This Grand Jury report informs the public about their rights to file a complaint with a police agency and it describes the police agency process used to investigate that complaint. This 2011-2012 Grand Jury investigation found that the San Luis Obispo County Sheriffs Department, under the leadership of the newly elected Sheriff Ian Parkinson, has made great strides in improving the handling of citizen complaints and internal affairs investigations by reestablishing its Internal Affairs Unit, now known as the Professional Standards Unit. The 2011-2012 Grand Jury also found that police departments in San Luis Obispo County implemented recommendations made in the 2004-2005 Grand Jury report and adhere to established state standards in handling citizen complaints and conducting internal affairs investigations. Police departments in San Luis Obispo County also make use of modern video technology to record police interaction with the citizens of the county. INTRODUCTION Citizens are often concerned as to what recourse is available to them if they have a complaint about police personnel, and how they can file an official complaint against those officers. Citizens are also concerned about the process utilized by police departments in investigating their own officers, and how their specific complaint will be handled. California Penal Code Section§ 832.5(a) states: "Each department or agency in this state that employs peace officers shall establish a procedure to investigate complaints by members of the public against the personnel of those departments or agents, and shall make a written description of the procedure available to the public." Page 1 The 2011-2012 Grand Jury(hereafter referred to as the current Grand Jury) reviewed the current policies of San Luis Obispo County police agencies governing complaints received from citizens about police actions, and how those agencies investigate citizen complaints. ORIGIN The current Grand Jury decided to update the 2004-2005 Grand Jury (hereafter referred to as the previous Grand Jury)report on the same topic. The current Grand Jury noted that almost all Chiefs of Police and the Sheriff are new to their office since the previous Grand Jury report. The current Grand Jury determined that a review of policies, practices and procedures relating to citizen complaints would be valuable to the citizens of the county. METHOD The Grand Jury requested and received written policies and procedures for handling citizen complaints and internal affairs investigations from all seven municipal police departments in the county and the Sheriffs Department. The Grand Jury reviewed the previous Grand Jury report on citizen complaints, its findings and recommendations, and the responses provided by the Chiefs of Police and the Sheriff. After reviewing the current policies of all police agencies, the Grand Jury arranged to interview all Chiefs of Police and the Sheriff. Those interviewed were as follows: • Steve Annibali, Chief of Police,Arroyo Grande Police • Jerel Haley, Chief of Police,Atascadero Police • Steve Gesell, Commander, Ataseadero Police • Jim Copsey, Chief of Police, Grover Beach Police • Tim Olivas, Chief of Police, Morro Bay Police Page 2 • Lisa Solomon, Chief of Police, Paso Robles Police • Jeff Norton, Chief of Police, Pismo.Beach Police • Deborah Linden, Chief of Police, San Luis Obispo Police • Ian Parkinson, Sheriff, San Luis Obispo County • Jim Voge, Commander, San Luis Obispo County Sheriff's Department NARRATIVE The previous Grand Jury report noted that not all police agencies were consistent in how they handled citizen complaints or the investigative process. During the interview process with the Chiefs of Police and the Sheriff, the current Grand Jury was advised that all agencies now have a similar policy, provided by Lexipol.l Lexipol also provides policy suggestions in almost every area of law enforcement, and it has become the most common tool utilized by law enforcement agencies, along with policy direction provided through the offices of the Peace Officers Standards and Training Commission (POST). The Commission on POST was established by the California Legislature in 1959 to set minimum selection and training standards for California law enforcement. The POST organization, with more than 130 staff members, functions under the direction of an Executive Director appointed by the Commission. POST funding comes from the Peace Officers Training Fund (POTF). The POTF receives money from the State Penalty Assessment Fund, which in tum receives money from penalty assessments I Lexipol is the leading provider of risk management resources for public safety organizations,delivering its services through a unique, web-based development system with an integrated training component. The Lexipol system has helped law enforcement agencies reduce risk and stay ahead of litigation while communicating clear and concise policy guidance to their employees. Page 3 on criminal and traffic fines. Therefore, the people who violate the laws that peace officers are trained to enforce fund the POST Program. The POST Program is voluntary and incentive-based. Participating agencies agree to abide by the standards established by POST. More than 600 police agencies participate in the POST Program and are eligible to receive the Commission's services and benefits, which include: • Job-related assessment tools • Research into improved officer selection standards • Management counseling services • The development of new training courses • Reimbursement for training, and • Leadership training programs All police agencies in San Luis Obispo County, with the exception of Pismo Beach, adhere to the policies and procedures of POST. Pismo Beach is the only San Luis Obispo County agency that is accredited by the Commission on.Accreditation for Law Enforcement(CALEA), which is a national accreditation program. However, Pismo Beach does follow POST guidelines through CALEA, as POST and CALEA are similar in nature. Over 600 California agencies follow POST guidelines,and only a few California agencies participate in CALEA. During the interview process with the Chiefs and the Sheriff, the Grand Jury asked a number of questions with regard to citizen complaint procedures. Does your agency provide citizen complaint forms to individuals who request thein? All agencies provide citizen complaint forms and make brochures that explain the complaint process available to the public. Page 4 Are the forms available in Spanish? All agencies have their forms available in. Spanish, and they all subscribe to a service through AT&T that provides telephone interpreters as needed. Do you have any Spanish language personnel who can assist a complainant? All agencies have access to some Spanish-speaking personnel and, as previously noted, they can use the service provided by AT&T for other interpreting needs. Do you have your citizen complaint forms on your Internet site? Pisano Beach, Grover Beach and the Sheriff's Department have citizen complaint information on the web. Paso Robles and San Luis Obispo stated that they will be placing the information on their websites soon. Arroyo Grande, Atascadero and Morro Bay do not have the inforination on their websites at this time. If a citizen makes a complaint, how is the initial complaint handled and by whom? In all instances, the complainant has the opportunity to discuss the complaint with a supervisor when the initial complaint is made. The complainant may stop an interview with a supervisor at any time. The complaint is then forwarded to a supervisor or commanding officer, if it cannot be resolved at the first level. Ultimately, the final decision regarding the handling of the complaint rests with the Chief of Police or Sheriff. The Sheriff Department's new system will be discussed separately as it merits special attention. Can a complainant take the forms and return them at a later date? If so, what is the process when the form is returned? Every department responded that complainants are free to take forms with them and return them at a later date. Page 5 Does the form used by your department advise individuals that they are committing a crime by filing a false report? Atascadero, Grover Beach, Morro Bay, Paso Robles, and San Luis Obispo Police Departments have an admonition on their complaint forms. The admonition states that if a citizen files a false report against an officer they can be charged with a misdemeanor. Arroyo Grande, Pismo Beach and the Sheriff's Department do not have the admonition on their complaint forms. However, the Pismo Beach Police Department also had the admonition on its website. Subsequent to the current Grand Jury interview with Chief of Police Jeff Norton, the admonition was removed from the website. The admonition could have been interpreted to be threatening, thereby dissuading citizens from filing a complaint. California Penal Code requires that a citizen sign a form stating that they are aware that a false report filed against a police officer can be found a misdemeanor.2 A California Appellate Court has ruled that Section 148.6 of the penal code is constitutional, and citizens may be prosecuted for filing a false report.3 However, Federal Courts have ruled the section is unconstitutional under Federal law because it deprives a citizen of their right to complain about a public official.' Leading California police personnel attorneys have advised their clients that section 148.6, although held to be constitutional by the California Supreme Court, is basically unenforceable because federal constitutional law generally trumps state constitutional law in the area of citizens' rights. Consequently, they have advised their clients to remove the admonition from all complaint forms. 2 California Penal Code 148.6 3 People vs. Stanistreet(2002) 29 Cal. 4`h 497-California Supreme Court, 4 Chaker vs. Crogan (2005)428 P. 3`d 1215- Court of Appeals, 9"'Circuit Page 6 How are complaints handled after the initial filing? After a decision is made to investigate the complaint, it is assigned to an investigator. All police departments appear to conduct a complete and thorough investigation into each complaint. In all cases, the investigation ultimately is reviewed by the Chief or Sheriff and., in consultation with staff, a decision is made as to what, if any, disciplinary action is required. Who determines who will investigate a complaint? If the investigation requires an internal affairs investigation, the Chief of Police or the Sheriff, in concert with staff, will make a determination as to who will handle the investigation. In all cases, an officer senior to the officer being investigated will conduct the investigation. In rare instances involving a senior officer or the Chief of Police, cities have used outside investigators to conduct an impartial investigation. There are four possible findings to all investigations pursuant to Penal Code Section 832.5. Unfounded: The investigation discloses that the alleged act(s) did not occur or did not involve department personnel. Complaints that are determined to be frivolous will fall within the classification of unfounded (Penal Code 832.5 (c). Exonerated: The 'investigation discloses that the alleged act occurred, but the act was justified, lawful and/or proper. Not Sustained: The investigation discloses that there is insufficient evidence to sustain the complaint or fully exonerate the employee. Sustained: The investigation discloses sufficient evidence to establish that the act occurred and that it constituted misconduct. Page 7 What is the process after the investigation is completed? Upon completion of the investigation, a recommendation will be made to the Chief of Police or the Sheriff as to what, if any, disciplinary action is required. Based upon the above criteria, a determination will be made if the complaint is sustained or not sustained. What is the complainant advised after the investigation is complete? All departments notify the complainant that the investigation has been completed, and the findings pursuant to the four categories: unfounded, exonerated, not sustained or sustained. It is often difficult to explain to a complainant why they cannot be privy to additional information; however, Government Code 3300, The Peace Officer's Bili of Rights, protects the personnel files of all police officers. Based upon existing state law, complainants are not entitled to be notified of any disciplinary action taken against an officer. Do you have a specific person or persons assigned to internal affairs investigations? Because police departments in San Luis Obispo County are relatively small, they do not have a special internal affairs unit or personnel assigned specifically to internal affairs. The San Luis Obispo County Sheriff s Department is an exception and will be discussed separately. Do you ever use outside investigators if you believe there may be a conflict of interest in using department personnel? As previously noted, outside investigators are not usually used; however, if the complaint involves the Chief of Police or the Sheriff, or even a high-ranking member of the department, it is possible to utilize the services of an outside investigator. Page 8 What land of a log do you keep with regard to citizen complaints filed? All departments maintain a master log of citizen complaints. The log includes administrative complaints that have been handled informally, as well as complaints that resulted in internal affairs investigations. These complaint logs are usually separate. Minor complaints are purged from an officer's personnel files after a prescribed period of time, usually based upon the department's own policies. Informal counseling does not require retention of file documents. All Chiefs of Police and the Sheriff indicated that they utilize a master log to track officers' activities and the number of complaints against any individual officer. The Sheriff's Department has a unique system of tracking.5 All departments maintain the log for a period of time required by law, usually five years if an internal affairs investigation was a part of the complaint process.6 How are your personnel trained to conduct internal affairs investigations? All departments train their personnel in Internal Affairs Investigation through POST-certified training schools. Departments are reluctant to utilize personnel who have not received POST training in internal affairs investigations. In such cases, a POST-certified supervisor will monitor the investigation. Is in-house training conducted on the handling of internal affairs investigations? Departments continuously train their personnel either through external courses or Lexipol training in-house. 5 Discussed under a separate heading for the Sheriff's Department 6 The State of California requires at least five year retention for citizen complaints. The statute of limitations is four years for misconduct. Internal Affairs and statewide guidelines recommend twenty- five year retention for officer-involved shootings. Page 9 Do you have any community outreach programs to encourage citizens to come forth with complaints if they feel justified in doing so? In that same regard, do you have any programs encouraging citizens to come forth with positive comments and commendations about police personnel? All Chiefs and the Sheriff indicated that they participate in community activities, such as service clubs, homeowner groups, and local organizations, where they encourage citizens to come forward with any comments about the department. There is no concerted effort to solicit complaints; however, all indicated that they are always open and responsive to citizen input. Do you have any specific technology that is utilized to assist your agency when conducting internal affairs investigations, such as mini-video cameras, personal recording devices, in- vehicle video or other similar technology? All departments have cameras, recording devices and other technology to assist them in documenting events, and they use such technology when conducting an internal affairs investigation. It is often easier to show a complainant a video of their actions in a given situation than to try to convince them that there was no wrongdoing on the part of an officer. Conversely, if an officer has committed an act of misconduct, it is easier for the department to take corrective action with the aid of such technology. Many departments have the ability to download videos when an officer arrives at the station, and each department maintains digital recordings of all activities. The Sheriff's Department is currently unable to download video from patrol vehicles and must maintain DVDs in their evidence storage area, which is cumbersome, requires excessive storage space and is not time efficient. Many officers have individual recording devices that they activate when at the scene of an incident, and the video cameras in the vehicles can often observe activity at a great distance when an officer leaves the vehicle. Page 10 All Chiefs and the Sheriff agreed that new technology has aided them enormously in being able to supervise personnel and provide additional safety for officers; it has also assisted in effectively resolving many citizen complaints. SAN LUIS OBISPO COUNTY SHERIFF'S INTERNAL AFFAIRS UNIT Under the previous administration, the Sheriff's Department did not have an Internal Affairs Unit. At that time, the Sheriff would receive a complaint and decide if it should be handled as an Administrative Inquiry (AI) or an Internal Affairs (IA) investigation. Als did not receive a tracking number. Under the new administration, the Sheriff's Department does not conduct Als, only IA investigations. As a result, all citizen complaints are tracked and recorded. Statistically, this may give the impression that citizen complaints have increased under the new Sheriff. However, the percentage of sustained complaints has been reduced and the overall tracking of citizen complaints has been improved. During his 201.0 election campaign, Sheriff lan Parkinson made a commitment to restore an Internal Affairs Unit to the Sheriff's Department. On February 14`h 2011, this unit was reestablished and renamed. The Sheriff employed Jim Voge, retired Commander from the Los Angeles Police Department, to head the new unit. Commander Voge has over 33 years of experience and ran the Los Angeles Police Department's Internal Affairs Unit comprised of 278 employees. Commander Voge is currently creating a new Internal Affairs School for Central Coast police agencies, and he is seeking POST approval for such training. Information was based upon documents submitted to the current Grand Jury by the Sheriff's Department. Page 11 The Sheriffs Department advised that it had implemented a system called IA PRO, in response to the question"Do you maintain a log of citizen complaints?" IA PRO is a software program that aids in the investigation and retention of citizen complaints. The Professional Standards Unit provides a number through IA PRO to every citizen complaint and maintains both an electronic and hard copy of every investigation. This IA PRO system allows the department to monitor the behavior of its officers because all complaints are tracked. Under the previous administration, when complaints were taken and resolved at the station level by supervisors, a record of the complaint was not always maintained. As a result, an officer may have had several complaints in the past, but without proper recording of the complaints there was no way to identify officers who may have needed correction. Commander Voge has now trained all supervisors in the Sheriffs Department regarding proper investigative procedures for citizen complaints. CONCLUSION Based upon interviews and documents that were submitted to the current Grand Jury, it appears that all police agencies in San Luis Obispo County are now conducting investigations into citizen complaints in a positive and effective manner. The recommendations made by the previous Grand Jury have been implemented. As a result of the previous Grand Jury recommendations, all police departments in the county have implemented the changes suggested and improved their citizen complaint process. All departments now adhere to the guidelines suggested by POST and Lexipol, particularly with regard to maintaining proper complaint logs and following up on citizen complaints in a timely manner. Page 12 FINDINGS 1. The Police Departments of Pismo Beach and Grover Beach and the Sheriffs Department have citizen complaint forms on their websites. 2. The Police Departments of Arroyo Grande, Atascadero, Paso Robles, San Luis Obispo, and Morro Bay do not have citizen complaint forms available on their websites. 3. The Police Departments of Atascadero, Grover Beach, Morro Bay, Paso Robles, and San Luis Obispo have an admonition on their citizen complaint forms. 4. The Police Department of Grover Beach and the Sheriff's Department do not have an admonition on their websites. 5. The Police Departments of Paso Robles and San Luis Obispo indicated that they would soon place citizen complaint forms on their websites. 6. All Police Departments use the policy guidelines proposed by Lexipol. 7. All Police Departments and the Sheriff s Department adhere to the policy guidelines for citizen complaints proposed by POST. However, the Pismo Beach Police Department also adheres to the guidelines of CALEA, a national organization. 8. The Sheriffs Department has an outdated system of video recording in their vehicles and lacks the ability to store video data efficiently. The storage of DVDs is inefficient, requires too much space and slows retrieval time when it is necessary to utilize the information. Page 13 RECOMMENDATIONS 1. The Police Departments of Arroyo Grande, Atascadero, Paso Robles, San Luis Obispo, and Morro Bay should add citizen complaint forms to their websites. 2. The Police Departments of Atascadero, Grover Beach, Morro Bay, Paso Robles, and San Luis Obispo should remove the admonition from their complaint forms. 3. The Sheriff s Department should upgrade its vehicles with digital recording devices in order to enhance safety for all personnel, reduce download time and storage space required, and improve the ability to retrieve information, thereby providing better service overall. COMMENDATIONS The San Luis Obispo Sheriff's Department is to be commended for implementing a new Internal Affairs Unit. Sheriff Ian Parkinson is to be commended for following through on a campaign promise in such a timely manner. Additionally, the employment of Commander Jim Voge and the implementation of the IA PRO system represent a vast improvement in the Sheriff's ability tomonitorthe conduct of his personnel Page 14 REQUIRED RESPONSES The City of Arroyo Grande is required to respond to Findings 2, 6 and 7, and Recommendation 1. The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior Court by June 18, 2012. Please provide a paper copy and an electronic version of all responses to the Grand Jury. The City of Atascadero is required to respond to Findings 2, 3, 6, and 7, and Recommendations 1 and 2. The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior Court by June 18,2012. Please provide a paper copy and an electronic version of all responses.to.the Grand Jury. The_Q-4y of;Grover-Beach is required to respond to Findings 1, 3, 6, and 7, and Recommendation 2. The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior Court by June 18, 2012. Please provide a paper copy and an electronic version of all responses to the Grand Jury. The City of Morro Bay is required to respond to Findings 2, 6, and 7, and Recommendations 1 and 2. The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior Court by June 18, 2012. Please provide a paper copy and an electronic version of all responses to the Grand Jury. The City of Paso Robles is required to respond to Findings 1, 5, 6, and 7, and Recommendations 1 and 2. The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior Court by June 18,2012. Please provide a paper copy and an electronic version of all responses to the Grand Jury. Page 15 The City of San Luis Obispo is required to respond to Findings 2,3, 5, 6, and 7, and Recommendations 1 and 2. The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior Court by June 18, 2012. Please provide a paper copy and an electronic version of all responses to the Grand Jury. The Sheriff's Department is required to respond to Findings 1, 4, 6, 7, and 8, and Recommendation 3. The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior Court by May 19, 2012. Please provide a paper copy and an electronic version of all responses to the Grand Jury. The mailing addresses for delivery are: Presiding Judge Grand Jury Presiding Judge Barry T. LaBarbera Superior Court of California San Luis Obispo County Grand Jury P.O. Box 4910 1050 Monterey Street S San Luis Obispo, CA 93408 an Luis Obispo, CA 93402 The e-mail address for the Grand Jury is: GrandJM(o co.slo.ca.us Page 16 California Penal Code 933. (a) Each grand jury shall submit to the presiding judge of the superior court a final report of its findings and recommendations that pertain to county government matters during the fiscal or calendar year. Final reports on any appropriate subject may be submitted to the presiding judge of the superior court at any time during the term of service of a grand jury. A final report may be submitted for comment to responsible officers, agencies, or departments, including the county board of supervisors,when. applicable, upon finding of the presiding judge that the report is in compliance with this title. For 45 days after the end of the term, the foreperson and his or her designees shall, upon reasonable notice, be available to clarify the recommendations of the report. (b)One copy of each final report,together with the responses thereto, found to be in compliance with this title shall be placed on file with the clerk of the court and remain on file in the office of the clerk. The clerk shall immediately forward a true copy of the report and the responses to the State Archivist who shall retain that report and all responses in perpetuity. (c)No later than 94 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on,the findings and recommendations pertaining to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court, with an'information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findings and recommendations. All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file in those offices. One copy shall be placed on file with the applicable grand jury final report by, and in the control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years. (d) As used in this section "agency" includes a department. 933.05. (a)For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: (1)The respondent agrees with the finding. (2)The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b)For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1)The recommendation has been implemented, with a summary regarding the implemented action. (2)The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. (3)The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. (4)The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c)However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by.an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury,but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decisionmaking authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. (d)A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. (e)During an investigation,the grand jury shall meet with the subject of that investigation regarding the investigation,unless the court, either on its own determination or upon request of the foreperson of the grand jury,determines that such a meeting would be detrimental. (f)A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report. Response to Grand Jury Report Form Report Title: Report Date: Authorized Responder: FINDINGS ® 1 (we) agree with the findings numbered- 0 l (we) disagree wholly or partially with the findings numbered: (Attach a statement specifying any portions of the findings that are disputed, include an explanation of the reasons.) RECOMMENDATIONS • Recommendations numbered have been implemented. (Attach a summary describing the implemented actions.) ® Recommendations numbered have not yet been implemented, but will be implemented in the future. (Attach a timeframe for the implementation.) ® Recommendations numbered require further analysis. (Attach an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or director of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.) • Recommendations numbered will not be implemented because they are not warranted or are not reasonable. (Attach an explanation.) Date: Signed: Number of pages attached Revised February 2012 ITEM NUMBER: C -4 DATE: 05/24/12 Attachment 2 Response to Grand Jury Report Form Report Title: "CITIZEN COMPLAINTS AND INTERNAL AFFAIRS INVESTIGATIONS." Report Date: The Grand Jury Report is undated, but was sent to the City by correspondence from the Grand Jury dated March 20, 2012. Authorized Responder: City Manager Wade McKinney FINDINGS: We agree with the findings numbered: 2, 3, 6 and 7. RECOMMENDATIONS: Recommendations numbered 1 and 2 have been implemented, a summary is attached. Date: May 23, 2012 Signed: Wade McKinney, City Manager Number of pages attached 1 ITEM NUMBER: C -4 DATE: 05/24/12 Attachment 2 ATTACHMENT TO GRAND JURY REPORT FORM RESPONSE BY CITY OF ATASCADERO Report Title: "CITIZEN COMPLAINTS AND INTERNAL AFFAIRS INVESTIGATIONS." RECOMMENDATIONS 1. Recommendation: The Atascadero Police Department should add citizen complaint forms to their websites. This recommendation relates to Finding 2. Response to Recommendation No.1: The Atascadero Police Department has implemented this recommendation and created an active link to the Atascadero Police Department Citizen Complaint form on the Police Department page of the City of Atascadero web site. The form is available on the website in both English and Spanish language formats. In addition to the complaint form, the Atascadero Police Department is currently pursuing the possibility of creating an additional link on the website for a "commendation" form. This form will allow residents of Atascadero to commend superior performance by officers. 2. Recommendation: The Atascadero Police Department should remove the admonition from their complaint forms. This recommendation relates to Finding 3. Response to Recommendation No. 2: The admonition on page three of the Atascadero Police Department Citizen Complaint form which states, "It is against the law to make a complaint that you know to be false. If you make a complaint against an officer knowing that it is false, you can be prosecuted on a misdemeanor charge." has been removed from both the English and Spanish language formats of the Citizen Complaint form. ITEM NUMBER: C - 5 DATE: 05/22/12 R rm ilia lrS Atascadero City Council Staff Report — Public Works Department Central Coast Water Board Stormwater Requirements for New and Redevelopment Projects RECOMMENDATION: Council receive an informational update regarding the Water Board's Joint Effort for Hydromodification Control on the Central Coast. REPORT-IN-BRIEF: This report provides an update of the Central Coast Water Board's Joint Effort for Hydromodification Control (Joint Effort) Study, which was recently released as a working draft. The Water Board is using the Joint Effort Study to establish requirements for new stormwater facilities that will be part of development and redevelopment projects. City staff has reviewed the working draft and is providing this stormwater update to keep Council abreast of the pending requirements. DISCUSSION: Background: The National Pollutant Discharge Elimination System (NPDES) program was established under the Federal Clean Water Act in 1977 to protect and restore surface waters of the United States. Surface waters include wetlands, lakes, creeks and rivers. Every local municipality in California is required to produce and implement a Stormwater Plan as part of NPDES. A Stormwater Plan defines strategies and guidelines for the protection of stormwater quality and the reduction of pollutant discharge. The City's stormwater plan was approved by the Water Board in 2009 and amended in June 2010. The June 2010 Water Board amendment required the City to ITEM NUMBER: C - 5 DATE: 05/22/12 either participate in the Water Board's Joint Effort for Hydromodification Control (Joint Effort) or to develop its own costly hydromodification control plan. The City Council directed staff to participate in the Water Board's Joint Effort and closely follow the Joint Effort's progress. Hydromodification is the damage that occurs to streams, lakes and rivers from increased runoff from streets, developments and roofs. City staff has been both tracking and actively involved in the Water Board's Joint Effort process. The City's involvement includes staff's participation in a County Wide Technical Advisory Committee (TAC) and the completion of tasks that are required for future hydromodification implementation. City staff is the current TAC Chair. The TAC was formed as a means of sharing information, providing consistent agency staff responses to Joint Effort requirements that affect each community, and developing consistent implementation requirements in all of the member communities. The Joint Effort also requires the City to perform other tasks including: providing City GIS information (slope, City boundaries, topography, soils) to the Joint Effort consultants, review of existing City codes to determine where hydromodification implementation conflicts will occur and the adoption of an ordinance that will implement the Water Board's final hydromodification requirements. City staff has completed the first two requirements and will be providing Council with a hydromodification control ordinance after the Water Board adopts its final hydromodification control requirements. The Water Board is currently planning to adopt the Joint Effort Hydromodification Control Requirements at its September 6, 2012 meeting. The Water Board's Joint Effort process is wrapping up and the next step includes the release of the draft hydromodification control requirements for agency review and comment. Summary: At the time this staff report was written, the Water Board staff had not released its Final Draft Stormwater Hydromodification Requirements (Final Draft Requirements). City staff has learned that the Final Draft Requirements will contain changes from the working draft City staff has been reviewing. Nonetheless, City staff believes that the Final Draft's development and redevelopment project applicability triggers, requirements and exceptions probably will not change much from the working draft's requirements. Water Board staff had indicated that the Final Draft Requirements would be released on May 4, 2012, but they have not yet been released as of this writing. Staff is planning to review the final draft requirements and update Council at the May 22nd meeting, if they are released in time. Water Board staff released its Working Draft Requirements in late March for review by a number of municipalities and consultants who have acted as a limited peer review committee. The City of Atascadero is not a member of that group. However, staff has been receiving updates on the Joint Effort's progress through our participation with the Technical Advisory Committee. Staff was able to procure a copy of the working draft through the peer review group in order to provide this update. ITEM NUMBER: C - 5 DATE: 05/22/12 The Working Draft Requirements describe the work that was completed to determine where and how the new post construction stormwater requirements will apply. Post construction requirements include items such as stormwater retention basins, Low Impact Development Best Management Practices, rain barrels and limiting site disturbance, to name a few. Water Board staff's Working Draft Requirements includes four documents, attached to this staff report, including: 1. Summary of Findings and Applications — Association of Physical Landscape Zones with Key Watershed Processes. 2. Narative Supporting: Management Strategy — Example Criteria — Watershed Process Table. 3. Post-Construction Requirements for New and Redevelopment for the Central Coast Region. 4. Applicability Flow Chart — Requirements for Small, Medium and Large Redevelopment Projects. Documents one and two present the results of Water Board staff's studies to determine the watershed characteristics that the City will need to protect. Water Board staff and their consultants developed nine Physical Landscape Zones (PLZs), which relate the landscape, water body and watershed processes that will need to be protected. A map showing the physical landscape zones is included as Attachment 1 . The type of hydromodification control a project will need to implement will be dependent on the Physical Landscape Zone in which the project is located. Atascadero appears to contain Landscape Management Zones 1 ,2,3,4,5,6,7 and 9. Landscape Management Zones 1 and 2 are the largest zones in the City. The remaining two documents, three and four, outline Water Board staff's draft requirements to control the quantity and quality of stormwater that runs off of development and redevelopment projects. Document 3 - Post-Construction Requirements for New and Redevelopment for the Central Coast Region — describes the requirements and guidance for post construction runoff control. Document 3 also describes the types of projects that are exempt, alternatives to compliance and obstacles to onsite compliance. Document 4 — Applicability Flow Chart — provides a visual method to determine if a project is subject to post construction stormwater control. The requirement to provide post construction stormwater control is triggered by the square footage of new or reconstructed impervious surface. The site specific requirements are based on the Landscape Management Zone. Table 1 lays out the triggers for implementation and the post construction requirement. These requirements will apply to all construction (except specifically exempted projects) projects based on square footage. ITEM NUMBER: C - 5 DATE: 05/22/12 Table 1 — Post Construction Triggers and Requirements For Impervious Surface Requirement Square Footage 0 to 2,499 None >_2,500 —4,999 Requirement 1 — Site Design Measures: Implement one or more measures: e.g. rain barrels, direct stormwater runoff to vegetated areas, use permeable surfaces, conserve open space. >5,000-14,999 Requirement 2 —Water Quality Treatment: All of above and treat stormwater volume equal to 1.5 times the volume generated by the 85% 24-hour storm. >_15,000-22,499 Requirement 3 - All of above and may include onsite stormwater retention depending on the Landscape Management Zone 1,2,4,5,7 and 8). >22,500+ Requirement 4— Peak Management: All of above plus Post development peak flows shall not exceed pre-development peak flows Zones 1,2,3,6 and 9). Document 3 also outlines alternative compliance methods and exemptions. Alternative compliance will apply to sites that cannot accommodate post construction stormwater controls based on site physical conditions. This would include slow percolating soils or lack of available space. Alternative compliance would consist of an offsite project or in- lieu fee, according to the draft requirements. Exemptions are specific and include: road resurfacing projects, sidewalks, bike lanes, re-roofing projects, pools, trails and others. A detailed list of exemptions is located in Attachment 4 Post-Construction Requirements for New and Redevelopment for the Central Coast Region. Analysis: Staff is actively following the Water Board's Joint Effort for Hydromodification Control development process to ensure the final post construction requirements are fair and cost effective. Most new single family residential projects will only be required to comply with Requirement 1. In most cases, the site design measures will not add significant cost to the project and professional design assistance will probably not be required. The City will be required to develop a list of these approved site design features which will also lower costs for these projects. Commercial, government and multifamily projects will be subject to all four post construction requirements depending on the amount of impervious surface that will be constructed. This includes new and re-development projects. New projects on undeveloped lots are not likely to be as challenging as downtown or redevelopment projects. This is because new projects are not typically constrained by prior development patterns or infrastructure. The downtown area and other re-development projects will be a greater challenge since these lots are typically fully paved or constructed upon. In addition, the downtown area is currently exempt from stormwater control requirements so modification or replacement of existing infrastructure is not possible. Costs for all projects will depend on the complexity and size of the needed stormwater infrastructure. The potential for redevelopment project costs to be higher than green ITEM NUMBER: C - 5 DATE: 05/22/12 field developments is great. As stated before this is because of past development patterns, lack of existing infrastructure to build on or modify, and most developed lots downtown are fully covered. This has the potential to push development to green field areas where post construction stormwater development costs could be potentially less expensive. The draft requirements attempt to equalize costs by allowing alternative compliance projects (offsite) or in-lieu fees on redevelopment projects where infeasibility is demonstrated. Conclusion: Everyone recognizes the need for clean water and healthy streams and lakes. However, these requirements have the potential to add thousands of dollars to new and redevelopment projects without the corresponding water quality benefit. Therefore, staff will be preparing and submitting written comments on the Final Draft Requirements once they are released for public review and comment. In addition, staff will be sharing our comments with other local agencies so coordinated responses can be provided and shared concerns discussed. Staff's review will focus on insuring that the final requirements are cost effective, do not provide disincentives to redevelopment and actually protect stormwater quality and quantity. Staff anticipates that this issue will be considered by the Water Board at its September 6t" meeting. FISCAL IMPACT: None ALTERNATIVES: None ATTACHMENTS: 1. Atascadero's Physical Landscape Zones and Associated Characteristics 2. Summary of Findings and Applications — Association of Physical Landscape Zones with Key Watershed Processes. 3. Narrative Supporting: Management Strategy — Example Criteria — Watershed Process Table. 4. Post-Construction Requirements for New and Redevelopment for the Central Coast Region. 5. Applicability Flow Chart — Requirements for Small, Medium and Large Redevelopment Projects. ITEM NUMBER: C - 5 DATE: 05/22/12 Attachment 1 Atascadero's Physical Landscape Zone Map and Associated Characteristics d-I' Asuncion 1/ I r He 0 41 Fosr F - ,o _ C;r Watershed management zones df Urban area boundary Data sources 1 5 9 Watershed management zones:Stillwater Sdences,2012 AF 2 dil 6 10 Basc data:ESRI 2010 Ndf 3 ' °':' °° . W� Stillwater Sciences 4 8 o s `fY wwnr.stillwaterscl.com ITEM NUMBER: C - 5 DATE: 05/22/12 SUMMARY CHARACTERISTICS OF THE WATERSHED MANAGEMENT ZONES 1. Characteristics:drains to stream or to wetland; underlain by Quaternary and Late Tertiary deposits 0-40%; Early to Mid-Tertiary sed. 0-10% Attributes and Management Approach:This single WMZ includes almost two-thirds of the urban area of the Region; it is defined by low-gradient deposits (Quaternary and Tertiary in age) together with the moderately sloped areas of these younger deposits that drain to a stream or wetland.The dominant watershed processes in this setting are infiltration into shallow and deeper soil layers; conversely, overland flow is localized and rare. Management strategies should minimize overland flow and promote infiltration, particularly into deeper aquifers if overlying a groundwater basin in its recharge area. 2. Characteristics:drains to stream or to wetland; underlain by Early to Mid-Tertiary sed. 10-40% Attributes and Management Approach:This WMZ is similar to#1 in both materials and watershed processes, but groundwater recharge is anticipated to be a less critical watershed process in most areas (only 1%of the urban areas of the Region in this WMZ overlie a groundwater basin); thus, whereas management strategies need to minimize overland flow as with WMZ#1,they need not emphasize groundwater recharge as the chosen approach to the same degree. 3. Characteristics:drains to stream or to wetland; underlain by Franciscan melange and Pre- Quaternary crystalline 0-10% Attributes and Management Approach:This WMZ includes those few flat areas of the Region underlain by old, generally impervious rocks with minimal deep infiltration (and intersecting with no mapped groundwater basins). Overland flow is still uncommon over the surface soil; chemical and biological remediation of runoff, reflecting the slow movement of infiltrated water within the flat soil layer, are the dominant watershed processes. Management strategies should promote treatment of runoff through infiltration,filtration, and by minimizing overland flow. 4. Characteristics:drains to lake, large river, or marine nearshore; underlain by all types 0-10% and Quaternary and Late Tertiary deposits 10-40% Attributes and Management Approach:This WMZ covers those areas geologically equivalent to WMZ's 1 and 3 but draining to one of the receiving-water types that are not sensitive to changes in flow rates.The dominant watershed processes in this low-gradient terrain are those providing chemical and biological remediation of runoff, but a specific focus on infiltrative management strategies is only necessary for those parts of this WMZ that overlie a groundwater basin (which,for this WMZ, constitute in total about 10% of the Region's urban areas). S. Characteristics:drains to stream; underlain by Quaternary deposits, Late Tertiary deposits, and Early to Mid-Tertiary sed. >40% Attributes and Management Approach:These steep, geologically young, and generally infiltrative deposits are critical to the natural delivery of sediment into the drainage system; management strategies should also maintain the relatively high degree of shallow (and locally deeper) infiltration that reflects the relatively permeable nature of these deposits. Because this WMZ only covers steeply sloping areas, however, it is relatively uncommon in urban areas ITEM NUMBER: C - 5 DATE: 05/22/12 (<3%). 6. Characteristics:drains to stream; underlain by Franciscan melange and Pre-Quaternary crystalline>40% Attributes and Management Approach:The steeply sloping geologic deposits not in WMZ 5 are included here; they are similarly important to the natural delivery of sediment into the drainage system but have little opportunity for deep infiltration, owing to the physical properties of the underlying rock. Management strategies should maintain natural rates of sediment delivery into natural watercourses but avoid any increase in overland flow beyond natural rates, which are low where undisturbed even in this steep terrain. 7. Characteristics:drains to large river or marine nearshore; underlain by all types>40% Attributes and Management Approach:This WMZ is very rare in the urban parts of the region (0.1%total) because such terrain provides little space or opportunity for urban development. The receiving waters that characterize this WMZ are insensitive to changes in runoff rates but still depend on natural sediment-delivery processes for their continued health; thus, management strategies need to focus on maintaining this process in the few areas that the WMZ is found. 8. Characteristics:drains to wetland; underlain by Quaternary deposits, Late Tertiary deposits, and Early to Mid-Tertiary sed. >40% Attributes and Management Approach: Equivalent to WMZ 5 but with a different receiving- water type, these steep and generally infiltrative deposits should be managed to maintain the relatively high degree of shallow(and locally deeper) infiltration that reflects the relatively permeable nature of these deposits. Delivery of sediment, however, is unlikely to be important to downstream receiving-water (i.e.,wetland) health. Even more so than with the other steep WMZs,this type is extremely uncommon in the Region's urban areas (<0.1%). 9. Characteristics:drains to wetland; underlain by Franciscan melange and Pre-Quaternary crystalline>10%; or drains to stream or wetland; underlain by Franciscan melange and Pre- Quaternary crystalline 10-40% Attributes and Management Approach:These moderately sloping, older rocks that drain to either a stream or wetland are neither extremely sensitive to changes in infiltrative processes (because the underlying rock types are typically impervious) nor key sources of sediment delivery(because slopes are only moderate in gradient). Overland flow is still uncommon over the surface soil, and so management strategies should apply reasonable care to avoid gross changes in the distribution of runoff between surface and subsurface flow paths.About 6%of the urban parts of the region are found on this WMZ; none include an underlying groundwater basin, emphasizing the relative unimportance of maintaining deep infiltration. 10. Characteristics:drains to lake, large river,or marine nearshore; underlain by Early to Mid- Tertiary sed., Franciscan melange, or Pre-Quaternary crystalline 10-40%;drains to lake; underlain by all types >40% Attributes and Management Approach: Underlying less than 1%of the urban areas of the Region,this WMZ drains into those receiving waters insensitive to changes in runoff rates. It includes the moderately sloped areas that are anticipated not to be key sediment-delivery sources (by virtue of hillslope gradient) or that drain into lakes (which generally do not require natural rates of sediment delivery for their continued health). Across the entire urbanized part ITEM NUMBER: C - 5 DATE: 05/22/12 of the Region, less than 1 square kilometer of this WMZ also overlies a mapped groundwater basin, suggesting that a broad management focus on deep infiltration is unwarranted. ITEM NUMBER: C - 5 DATE: 05/22/12 Attachment 2 Summary of Findings and Applications-Association of Physical Landscape Zones with Key Watershed Processes. Summary of Findings and Applications Association of PLZ's with Key Watershed Processes This "association" was one of the fundamental results of Task 4 of the Joint Effort, and that work provides the foundation and much of the details for what follows. However, a few modifications were made following completion of the Task 4 report as the Joint Effort moved into the stage of application (Table 1). Note the process abbreviations (in parentheses); they will be used below. Changes from the Task 4 presentation of this table: • The last four processes on this table (evapotranspiration, delivery of sediment, delivery of organics, and chemical/biological transformations)were mentioned in the Task 4 narrative but were not included in the original table, because their relative importance is not inferred to have a strong dependency on the PLZ in which they occur(except for the slope-only dependency for DS and CBT; see below).These four processes are included explicitly here because their modification by development can be significant, and because the choice of stormwater- management strategy can have a strong influence on the degree to which these processes are impaired or mitigated. • In the context of this analysis, impairment to "delivery of sediment" is presumed to result in less sediment input to the receiving water.This is counterintuitive to typical concerns of "construction erosion control," where the goal is to minimize sediment releases. In the post- construction period, however, maintenance of sediment delivery is essential to the health of certain receiving-water types (as is organic delivery), and it is this (long-term) process that is being addressed here. • A presumed slope-only dependence was assigned to DS (where steeper slopes --> more sediment delivered) and CBT(for which steeper slopes --> less residence time 4 lower importance). • The processes of overland flow and rilling&gullying were combined, since the latter is simply the most visible expression of the former and because the latter(erosive) process requires the former(hydrologic) one.The inverse, however, is NOT true—overland flow on a flat slope will not result in rills, and so their combination is not strictly accurate. However, management practices to minimize creation of overland flow are not anticipated to materially differ on flat slopes because of an absence of rilling—and so the simplification here is judged reasonable and non-consequential to management. Note that "rilling and gullying" (a hillslope process) is not the same as "stream-channel erosion" (a reflection of increase release of rapid runoff to a stream).The latter is symptomatic of a change in watershed process(es) but is not considered an altered process itself. • Infiltration and groundwater recharge were combined into the same category, because the assessment of their relative importance and susceptibility to disturbance differs only for two uncommon PLZ's (pQ0 and pQ10) (and even there only modestly), and they are otherwise so closely linked that management strategies identified for this process set are not anticipated to be affected by their combination in either of the two affected PLZ's. ITEM NUMBER: C - 5 DATE: 05/22/12 • Creep and landsliding are not included in this table, because they are generally not directly influenced by stormwater-management strategies. • Upon further evaluation of available data, individual ratings for six specific combinations of PLZ's and watershed processes were changed by one category: o F0& F10, OF: M4L o pQ0, GW & IF: M4L o F40 & LT40, OF: 1-14M ITEM NUMBER: C - 5 DATE: 05/22/12 Table 1. Final table showing the association of watershed processes with PCTs, based on the Task 4 publication and as modified by subsequent review of data. The table highlighting the qualitative magnitude of anticipated change for each process as a result of urbanization. Red-shaded cells indicate the greatest anticipated change (e.g., a "Low" importance for overland flow in many PLZ's is anticipated to become "High" in an urban watershed). sM6 Watershed Processes v 3 Uj EC N N �u O ~ M > 0 . m s ca - to PLZ s .> C _� N O O M O O 4j 4- fa Oa fa `••� v VI O aJ >. O fa o O> _ L 3 C 3 w _ a) 0 CL Y s C U � O E V w Franciscan melange 0-10% L L L M L M H Pre-Quaternary crystalline 0-10% L L L M L M H Early to Mid-Tertiary sed. 0-10% L H M M L M H Late Tertiary sediments 0-10% L H M M L M H Quaternary deposits 0-10% L H M M L M H Franciscan melange 10-40% M L L M M M M Pre-Quaternary crystalline 10-40% M L L M M M M Early to Mid-Tertiary sed. 10-40% L M M M M M M Late Tertiary sediments 10-40% L H M M M M M Quaternary deposits 10-40% L H M M M M M Franciscan melange>40% M L L M H M L Pre-Quaternary crystalline>40% M L L M H M L Early to Mid-Tertiary sed.>40% M M M M H M L Late Tertiary sediments>40% M M M M H M L Quaternary deposits>40% M M M M H M L Note that two pairs of lithologic types (Franciscan melange + Pre-Quaternary crystalline, and Late Tertiary sediments + Quaternary deposits) have identical ratings to each other within each of the three slope categories.This offers the potential for future simplification in the application of this framework. ITEM NUMBER: C - 5 DATE: 05/22/12 Importance of Key Watershed Processes to Specific Types of Receiving Waters Not every watershed process is critical, or even necessarily relevant,to the long-term health of every type of receiving water. Based on a general scientific understanding of the interaction of runoff and detrital material with receiving waters,the associations shown in Table 2 were postulated. Table 2.The association of watershed processes with receiving-water types. Cells with "X" indicate those watershed processes that may be affected by urban development, with potentially significant consequences for the indicated receiving water. Watershed Processes v ._ 00 C C u > 3 c > E -a s c ao •. 0 0 c :3o W L V, ` 'O. d O M 0 Qj 41 CO W O L V O 3 �� 0 V p U Lca 3 41 j O 4/ O > H 0 N 3 lab > +�'+ •N >4 C L 0 C O > 'y M t *' RECEIVING WATER TYPE oc °A W E Streams X X X X X X X Wetland X X X X X X Lake X X Large rivers X X Marine nearshore X X Groundwater aquifers X X A few patterns are evident: (1) Streams are commonly affected by alterations to any of the watershed processes—as noted in the Task 4 report, streams are well-recognized to respond to disturbances in their contributing watersheds, and they are particularly efficient at passing the effects of disturbance farther downstream. For these reasons, they are a useful surrogate for the full range of receiving waters, but their sensitivity to changes in the delivery of water, sediment, and organics is not fully shared by every other receiving-water type. (2) Natural rates of sediment delivery are presumed important (and beneficial) for streams, large rivers, and the marine nearshore environment, because they sustain in-stream habitat and maintain beaches. Conversely, sediment delivery is not a beneficial process to maintain for lakes and wetlands (indeed, processes that indirectly increase rates of sediment delivery, particularly overland flow, are detrimental) and is irrelevant for groundwater recharge. (3) All receiving waters are influenced by changes to CBT(i.e., all are water-quality sensitive). (4) The interrelated processes of overland flow, interflow, infiltration, and ET, which in combination determine surface-water flow rates and volumes, are only of concern for streams and wetlands—lakes and large rivers are defined on the basis of their anticipated insensitivity to ITEM NUMBER: C - 5 DATE: 05/22/12 typical urban-induced changes in these discharge parameters (and thus management strategies do not target these processes for these receiving waters). (5) Groundwater aquifers obviously depend on infiltration, but its management will have very different criteria (and perhaps different strategies as well)than for managing discharge to streams. Where discharge passes from one receiving-water type to another(for example, discharge to a stream then enters a lake), in nearly all cases the "direct" receiving water(i.e., where the runoff first arrives) will determine the necessary management strategies rather than the "terminal" receiving water (the ocean, in all cases; but with potentially an intermediate wetland, lake, or large river).This is because downstream waterbodies are, in general, less sensitive to impacts by virtue of increasing drainage area, and because the most common direct receiving water(streams) already have the greatest sensitivity and are therefore will be subject to the most restrictive mitigation.The only exceptions to this rule are (1) drainage into a lake and then to a stream, for which the standing water is presumed to have always functioned to eliminate downstream sediment discharge, and so protection of this process is not necessary; and (2) drainage that includes a lake or wetland as either a terminal or intermediate receiving water, for which targeted control of nutrients or other water-quality constituent may be necessary to avoid excessive loading. ITEM NUMBER: C - 5 DATE: 05/22/12 Integration of Receiving-Water Types, PLZ's, and Watershed Processes In the terminology of the Joint Effort, every location on the landscape has two attributes: its "Physical Landscape Zone" (PLZ), determined by the underlying geology and the local hillslope gradient (Figure 1); and its direct receiving-water type (Figure 2).These combine to define the "Watershed Management Zones," of which there are 90 unique combinations (reflecting 15 PLZ's and 6 receiving- water types). For simplicity, however, PLZ's with equivalent sets of key watershed processes (specifically, F & pQ and LT& Q,for all slope categories)were combined into single PLZ groups, reducing their number to 9 and thus the total number of unique combinations (9 PLZ's x 6 receiving-water types) to 54. The important watershed processes associated with each of these 54 PLZ—receiving water combinations are displayed in Table 3 (using their abbreviations shown across the column headings in Table 2). Processes listed before the "/" were judged to be of primary concern (i.e., shaded red on Table 1, because they are major factors undergoing large potential change with urbanization); those after the "/" do not typically show such a high magnitude of potential change (i.e., shaded yellow on Table 1). Cells in Table 3 colored the same have the same set of processes, or(if the process lists are not identical)their management strategies nonetheless are anticipated to be equivalent to one another. Table 3. Key watershed processes associated with each unique PLZ—receiving water combination. Processes listed before the "/" are of primary concern (shaded red on Table 1); those after the "/" do not show such a high magnitude of potential change (i.e., yellow on Table 1). Same-colored cells are anticipated to require the same set of stormwater management strategies. PHYSICAL DIRECT RECEIVING WATER LANDSCAPE Large Marine Ground- ZONE Stream Wetland Lake water river nearshore aquifer Franciscan melange 0-10% Pre-Quaternary crystalline be CBT/ / CBT/ CBT/DO CBT/ 0-10% Early to Mid-Tertiary sed.0- • • CBT/ 10% DO CBT/ CBT/DO be of Late Tertiary sediments 0- • • CBT/ 10% DO CBT/ CBT/DO Quaternary deposits 0-10% • • Franciscan melange 10-40% Pre-Quaternary crystalline /OF, ET, /OF, ET, /DO,DO, CBT CBT /CBT /DO, CBT /CBT DO, CBT 10-40% Early to Mid-Tertiary sed. • • /DO, /DS, /DS, DO, /GW,CBT 10-40% • • CBT CBT CBT Late Tertiary sediments 10- • • /DO, /DS, /D S, DO, 40% Quaternary deposits 10-40% • • CBT CBT CBT ITEM NUMBER: C - 5 DATE: 05/22/12 Franciscan melange>40% Pre-Quaternary crystalline DS ET,, OF, /DO DO OF, ET, /DO DS/ DS/DO / >40% Early to Mid-Tertiary sed. /OF, GW, >40% IF, ET, DO /DO DS/ DS/DO /GW Late Tertiary sediments >40% /GW,ET, DO O /DO DS/ DS/DO /GW Quaternary deposits>40% The list of processes in each cell of Table 3 form the basis for determining the necessary elements of stormwater mitigation for each WMZ. Stormwater mitigation is always presumed to include the following additional treatments, and so the affected watershed processes are not listed separately within the individual cells of the table: • All stormwater mitigation includes receiving-water buffers, i.e. "DO" and "DS" at a low level of change will always be mitigated (e.g., "CBT/DO" = "CBT/DS" = "CBT/"). • All stormwater mitigation includes some basic level of water-quality treatment, and thus "CBT" at a low level of change will always be mitigated (e.g., "/DO, CBT" = "/DO"). • If a high level of GW change/concern is indicated, a high level of CBT mitigation will always be required for protection of groundwater aquifers (e.g., "GW,CBT/" = "GW/"). These conditions and principles result in a simplified presentation (Table 4), whose colors are keyed to geographic locations on the associated map of Watershed Management Zones (Figure 3).The presence or absence of an underlying groundwater basin is similarly determined from the mapping shown in Figure 4. ITEM NUMBER: C - 5 DATE: 05/22/12 Table 4. A reorganized and simplified presentation of Table 3. Numbers specify which Watershed Management Zone (WMZ's) is represented by the combination expressed by the cell.Those marked with an asterisk will require protection of groundwater recharge if underlain by a mapped groundwater basin (for stream and wetland receiving waters, protection of this process at an appropriate level for the PLZ is incorporated regardless of presence/absence of a groundwater basin). DIRECT RECEIVING WATER Lake, Large Rivers & PHYSICAL LANDSCAPE ZONE Stream Wetland Lake w/GW rivers & marine, marine w/GW basin nearshore basin Franciscan melange 0-10% 4 4 4 4 Franciscan melange 10-40% 9 9 10 10 10 10 Franciscan melange>40% 9 10 10 7 7 Pre-Quaternary crystalline 0-10% 4 4 4 4 Pre-Quaternary crystalline 10-40% 9 9 10 10 10 10 Pre-Quaternary crystalline>40% 9 10 10 7 7 Quaternary deposits 0-10% 4 4 4* 4 4* Quaternary deposits 10-40% 4* 4 4* Quaternary deposits>40% 8 10 4 10* 7 7* Late Tertiary sediments 0-10% 4* 4 4* Late Tertiary sediments 10-40% 4 4* 4 4* Late Tertiary sediments >40% 8 10 10* 7 7* Early to Mid-Tertiary sed. 0-10% 4 4* 4 4* Early to Mid-Tertiary sed. 10-40% 10 10* 10 10* Early to Mid-Tertiary sed. >40% 8 10 10* 7 7* KEY: 1. OF, GW/IF, ET 2. OF/GW, IF, ET 3. CBT/OF, ET 3 4. CBT(*)/ 4 5. DS/GW, IF, ET 6. DS/OF, ET 7. DS/ (*) 7 8. /GW, IF, ET 8 9. /OF, ET 9 10. /(*) 10 ITEM NUMBER: C - 5 DATE: 05/22/12 Abbreviations: OF = apply strategies to protect OVERLAND FLOW (avoidance) GW= apply strategies to protect GROUNDWATER RECHARGE IF = apply strategies to protect INTERFLOW ET= apply strategies to protect EVAPOTRANSPIRATION CBT= apply strategies to protect CHEMICAL AND BIOLOGICAL TRANSFORMATIONS DS= apply strategies to protect DELIVERY OF SEDIMENT DO = apply strategies to protect DELIVERY OF ORGANICS (*) = apply strategies to protect GROUNDWATER RECHARGE, but only where underlain by mapped groundwater basin • Processes listed before the "/" = key watershed processes; of primary concern for protection; should be subject to most stringent numerical criteria • Processes listed after the "/" =watershed processes of less critical importance; could be subject to less stringent numerical criteria ITEM NUMBER: C - 5 DATE: 05/22/12 San lose reed 'I Mader, Santa Cruz pw Monterey Q Carmel O Comilva • Paso Robles \ Cambria •ti Framscan Melange.0-10% 0 Framscan Melange,1040% Fronnscan Melange 40% Pre-Ouatemary crystalkne rocks.0.10% Pre-Ouatemary cryslanne racks,10.40% n df Pre-0uatemary erystaMe rocks --40% Oualernary segmentary deposits.0-10% �-sm Ouaternary se(kmentary deports,10-10% 4 -'W 0ualernary seopmenlary deposits,>40% Youngest Tertiary sedimentary rocks.0.10% t Youngest Tertiary sedtmenlary rocks.10-40% Youngest Terttaty sedimentary rocks X40% Early to Mrd Tertiary sedimentary rocks.0-10% 4f Earl 10 Mrd-Tertiary sedimentary rocks.10.40% sante Nertwa if Earl to Mid-Tertiary sedimentary rocks >40% Yater CENTRAL COAST HYDROMODIFICATION • • Data wurces Streamer Highways,Towns,SSRI 2010 t re :r s• Stilhvatff Soclice" HIIIshadstint:MMuralEarth 2010 c .:s sacro www.stlllw•terscl.coms Figure 1.The Physical Landscape Zones of the Central Coast Region, defined as the fifteen unique combinations of lithologic types and categories of hillslope gradient. ITEM NUMBER: C - 5 DATE: 05/22/12 o Sen Jae . Merced I dl Mama . Santa Cruz W .wn Monterey �Ir Cemxd CadGnga Cam" .1 t7rs Jtu 1 ar rde Santa Mara • aR CENTRAL COAST HYDROMODIFICATION PROJECT SM1ti�a Direct Draining Recetvtng-Water Type oats soup Stream River(>200 sq mi watershed area) Streams,fthwwis,Toors:ESRI 2010 HOWtade Lnt_Natural Earth 2010 S Late S Ocean N r. 10 ry b ctices Wetland u Li:� �; �„ �r Sfw.stillwoter cl.con www.•tlllweter•cl.com Figure 2. Map of direct receiving waters for all urban areas and their associated watersheds in the Central Coast Region. ITEM NUMBER: C - 5 DATE: 05/22/12 o son)am . MnCrd Made-a,, Santa CIU L L �• � `t Monterey lu r ,k carn,d L-4 r Caahngn i • t. Cambria f� at Santa Mi'.1 1 CENTRAL r L ami.• _ � �'`�. '_Hata LkYC}afa COASTD • •D • PROJECT Watershed management zones Data sawcec 4F 1 4F S Y Prowl bo ndary Streams.tOghwep,Tooma ESR[2010 _ * 6 tUllshade tnt 1/atu:-sl Earth 2010 4F 1 7 a is acst Stilh%-ater Sciences +� iwww.stillwatersci.com Figure 3. Map of the Watershed Management Zones, based on the combination of Physical Landscape Zones (Figure 1) and direct receiving-water types (Figure 2). Areas are as defined in Table 4. ITEM NUMBER: C - 5 DATE: 05/22/12 San Jose Merced :y \ l Gilroy Madera O Santa Cruz ,,' i - U Montereyi0'as � Carmel - •� �_f tea? Coalinga fix'so Robles Cambria San Luis'Obispo `Yy A ro rroyo Grande Santa Maria 4 `3J J Cutt 4- 1-4 t_`bmpoc: Santa Barbara COASTCENTRAL • • • • • r urban Nodes j Groundwater Basins Data sources: Groundwater Basin:CDWR Project boundary Streams,Highways,Towns:ESRI 2010 Hilishade tint:Natural Earth 2010 N 0 10 30 40 M' Stillwater Sciences 0 12.5 2s s0 km www.stillwatersci.com Figure 4. Mapped groundwater basins of the Central Coast Region, showing the urban areas (outlined). ITEM NUMBER: C - 5 DATE: 05/22/12 SUMMARY CHARACTERISTICS OF THE WATERSHED MANAGEMENT ZONES 11. Characteristics:drains to stream or to wetland; underlain by Quaternary and Late Tertiary deposits 0-40%; Early to Mid-Tertiary sed. 0-10% Attributes and Management Approach:This single WMZ includes almost two-thirds of the urban area of the Region; it is defined by low-gradient deposits (Quaternary and Tertiary in age) together with the moderately sloped areas of these younger deposits that drain to a stream or wetland.The dominant watershed processes in this setting are infiltration into shallow and deeper soil layers; conversely, overland flow is localized and rare. Management strategies should minimize overland flow and promote infiltration, particularly into deeper aquifers if overlying a groundwater basin in its recharge area. 12. Characteristics:drains to stream or to wetland; underlain by Early to Mid-Tertiary sed. 10-40% Attributes and Management Approach:This WMZ is similar to#1 in both materials and watershed processes, but groundwater recharge is anticipated to be a less critical watershed process in most areas (only 1%of the urban areas of the Region in this WMZ overlie a groundwater basin); thus, whereas management strategies need to minimize overland flow as with WMZ#1,they need not emphasize groundwater recharge as the chosen approach to the same degree. 13. Characteristics:drains to stream or to wetland; underlain by Franciscan melange and Pre- Quaternary crystalline 0-10% Attributes and Management Approach:This WMZ includes those few flat areas of the Region underlain by old, generally impervious rocks with minimal deep infiltration (and intersecting with no mapped groundwater basins). Overland flow is still uncommon over the surface soil; chemical and biological remediation of runoff, reflecting the slow movement of infiltrated water within the flat soil layer, are the dominant watershed processes. Management strategies should promote treatment of runoff through infiltration,filtration, and by minimizing overland flow. 14. Characteristics:drains to lake, large river, or marine nearshore; underlain by all types 0-10% and Quaternary and Late Tertiary deposits 10-40% Attributes and Management Approach:This WMZ covers those areas geologically equivalent to WMZ's 1 and 3 but draining to one of the receiving-water types that are not sensitive to changes in flow rates.The dominant watershed processes in this low-gradient terrain are those providing chemical and biological remediation of runoff, but a specific focus on infiltrative management strategies is only necessary for those parts of this WMZ that overlie a groundwater basin (which,for this WMZ, constitute in total about 10%of the Region's urban areas). 15. Characteristics:drains to stream; underlain by Quaternary deposits, Late Tertiary deposits, and Early to Mid-Tertiary sed. >40% Attributes and Management Approach:These steep, geologically young, and generally infiltrative deposits are critical to the natural delivery of sediment into the drainage system; management strategies should also maintain the relatively high degree of shallow (and locally deeper) infiltration that reflects the relatively permeable nature of these deposits. Because this ITEM NUMBER: C - 5 DATE: 05/22/12 WMZ only covers steeply sloping areas, however, it is relatively uncommon in urban areas (<3%). 16. Characteristics:drains to stream; underlain by Franciscan melange and Pre-Quaternary crystalline>40% Attributes and Management Approach:The steeply sloping geologic deposits not in WMZ 5 are included here;they are similarly important to the natural delivery of sediment into the drainage system but have little opportunity for deep infiltration, owing to the physical properties of the underlying rock. Management strategies should maintain natural rates of sediment delivery into natural watercourses but avoid any increase in overland flow beyond natural rates, which are low where undisturbed even in this steep terrain. 17. Characteristics:drains to large river or marine nearshore; underlain by all types>40% Attributes and Management Approach:This WMZ is very rare in the urban parts of the region (0.1%total) because such terrain provides little space or opportunity for urban development. The receiving waters that characterize this WMZ are insensitive to changes in runoff rates but still depend on natural sediment-delivery processes for their continued health; thus, management strategies need to focus on maintaining this process in the few areas that the WMZ is found. 18. Characteristics:drains to wetland; underlain by Quaternary deposits, Late Tertiary deposits, and Early to Mid-Tertiary sed. >40% Attributes and Management Approach: Equivalent to WMZ 5 but with a different receiving- water type, these steep and generally infiltrative deposits should be managed to maintain the relatively high degree of shallow(and locally deeper) infiltration that reflects the relatively permeable nature of these deposits. Delivery of sediment, however, is unlikely to be important to downstream receiving-water (i.e.,wetland) health. Even more so than with the other steep WMZs,this type is extremely uncommon in the Region's urban areas (<0.1%). 19. Characteristics:drains to wetland; underlain by Franciscan melange and Pre-Quaternary crystalline>10%; or drains to stream or wetland; underlain by Franciscan melange and Pre- Quaternary crystalline 10-40% Attributes and Management Approach:These moderately sloping, older rocks that drain to either a stream or wetland are neither extremely sensitive to changes in infiltrative processes (because the underlying rock types are typically impervious) nor key sources of sediment delivery(because slopes are only moderate in gradient). Overland flow is still uncommon over the surface soil, and so management strategies should apply reasonable care to avoid gross changes in the distribution of runoff between surface and subsurface flow paths.About 6% of the urban parts of the region are found on this WMZ; none include an underlying groundwater basin, emphasizing the relative unimportance of maintaining deep infiltration. 20. Characteristics:drains to lake, large river, or marine nearshore; underlain by Early to Mid- Tertiary sed., Franciscan melange,or Pre-Quaternary crystalline 10-40%;drains to lake; underlain by all types>40% Attributes and Management Approach: Underlying less than 1%of the urban areas of the Region,this WMZ drains into those receiving waters insensitive to changes in runoff rates. It includes the moderately sloped areas that are anticipated not to be key sediment-delivery ITEM NUMBER: C - 5 DATE: 05/22/12 sources (by virtue of hillslope gradient) or that drain into lakes (which generally do not require natural rates of sediment delivery for their continued health). Across the entire urbanized part of the Region, less than 1 square kilometer of this WMZ also overlies a mapped groundwater basin, suggesting that a broad management focus on deep infiltration is unwarranted. ITEM NUMBER: C - 5 DATE: 05/22/12 Protecting Key Watershed Processes: Management Strategies and Stormwater Control Measures In focusing on the protection of key watershed processes,the Joint Effort has abandoned the historic, symptomatic approach to stormwater management and hydromodification control. Instead of identifying a problematic outcome of urban development (e.g., "eroding stream channels") and requiring a targeted 'fix' to the 'problem' (e.g., "armor the bank"), it identifies the root causes of changes to receiving waters—namely, disruption of the watershed processes that sustain the health and function of these waterbodies. Management strategies, therefore, must similarly focus on these processes. This approach embodies a key assumption: protecting watershed processes will protect receiving waters. Most current hydromodification control plans are antithetical to this approach,typically with an exclusive focus on metering out surface runoff at a rate designed to minimize in-stream erosion but with no recognition of whether overland flow ever existed in that location, or whether the myriad of other watershed conditions and functions are also being protected by such a narrow focus. To support this chosen mitigation framework for the Joint Effort, it is instructive to identify broad sets of"management strategies"that are appropriate to the protection of watershed processes in various settings, and for which numeric performance criteria can be assigned.Although there is no formally accepted "list" of such strategies,the Joint Effort has found the following set to be a useful organizational framework (Table 5). Table 5. Five categories of stormwater management strategies. FC: Flow control (either"volume"or"rate") PSO: Preserve delivery of sediment and organics(typically,via riparian or other waterbody buffers) MSV: Maintain soil and vegetation regime (fostering the movement of water through native vegetation and soil layers) PR: Land preservation (both riparian and upland; is an effective subset of MSV but also embraces PSO when implemented adjacent to receiving waters) WQ: Water-quality treatment Flow Control encompasses a broad range of stormwater criteria for addressing hydraulic and hydrologic goals.This includes regulations that typically mandate that (1) post-development peak flows are less than or equal to pre-development peak flows for a series of intermediate and/or large design storm events (i.e., "storm event peak flow" control); (2) runoff from flows with the highest risk potential for channel erosion, and by extension damage to aquatic habitat, are not increased in duration ("flow-duration control"); and (3) runoff is infiltrated or retained onsite, without specific reference to the range of stream-channel flows that are affected, to maintain groundwater flow or reduce overall runoff volume ("retain volume"). Preserve Delivery of Sediment and Organics into the channel network is critical for the maintenance of various habitat features and aquatic ecosystems in the fluvial setting. While preservation of these functions is not a goal found in most stormwater regulations, it is often discussed qualitatively as a goal in establishing or justifying riparian buffer requirements. ITEM NUMBER: C - 5 DATE: 05/22/12 Maintain Soil and Vegetation Regime is a valuable and highly effective alternative to water-quality treatment, because much impairment is due to the isolation of soil and vegetation from the path of urban stormwater runoff, which in turn eliminates the processes of filtration, adsorbtion, biological uptake, oxidation, and microbial breakdown (collectively termed the watershed process of"chemical and biological transformations" by the Joint Effort). Note that this management strategy overlaps with several others: not only can it accomplish water-quality treatment, but also it can constitute stormwater volume-based flow control; if adjacent to water bodies, it preserves the delivery of sediment and organics to waterbodies; and it is a (typically intentional) byproduct of any application of land-preservation strategies as well. Land Preservation includes open space requirements and the minimizing of effective impervious area. Both have the goal of avoiding or directing runoff from impervious surfaces to pervious areas, rather than routing it directly to the storm drainage system. Water Quality Treatment includes a suite of stormwater control measures (SCM's)that address the major link between urbanization and water quality impairment, which is caused by the increased runoff from impervious surfaces and soil compaction of pervious areas, and the delivery of urban sources of pollutants such as nutrients from fertilizer, metals from brake pads, and sediment from exposed soil surfaces. Within each broad category of management strategies, multiple SCM's are available for direct application to meet performance criteria. Similarly, a single SCM may reflect multiple management strategies and address more than one watershed process, which provides the reminder that well- chosen stormwater control measures can accomplish multiple objectives within a relatively simple mitigation approach. In addition, some SCM's are traditional facilities ('structural' SCM's), whereas others affect the overall site design, choice of construction materials or approaches, and various regulatory or incentive programs ('non-structural' and 'programmatic' SCM's). This great variety of available measures means that any proscriptive approach to the implementation of stormwater management on a site is ill-advised and likely infeasible; instead, a site designer will likely need to make use of a suite of SCM's that, in combination, can meet the performance criteria required for the protection of watershed processes at the site.The designer's task is to optimize the choice of SCM's to achieve the desired net benefits with a desired level of simplicity and necessary degree of reliability. Table 6 lists a broad range of SCM's that are commonly implemented in stormwater management and hydromodification control plans, and that directly address one or more watershed processes.They are grouped by watershed process, and so the same SCM may appear more than once. They are also organized by their type (site design and post-construction, and "other"), and they note (in parentheses) the management strategy(s) for which they can be applied. ITEM NUMBER: C - 5 DATE: 05/22/12 Table 6. Typical associations of watershed processes, stormwater control measures, and management strategies. KEY to type of SCM's: Key watershed process Parcel-Scale Site Design Parcel-Scale Post-Construction SCM's Other Strategies rI. ® � . . . Vegetation +soil preservation (PSO, MSV, PR, WQ) Grading limits, building/road placement, impervious surface reduction (FC, PSO,MSV, PR) Impervious surface disconnection (FC) Bioretention, biofiltration, native vegetation restoration (FC, PSO, MSV, WQ) Permeable pavement(FC,WQ) Vegetated roofs (FC, MSV, WQ) Cisterns, rainwater harvesting(exits watershed) (FC, WQ) Cisterns, rainwater harvesting(remains in watershed) (FC,WQ) Retention ponds, infiltration basins (FC,WQ) Detention ponds/vaults (FC,WQ) Riparian restoration Regional by-pass 2. Infiltration and groundwater rechar.91� Vegetation +soil preservation (PSO, MSV, PR, WQ) Grading limits, building/road placement, impervious surface reduction (FC, PSO,MSV, PR) Permeable pavement; other impervious surface disconnection (FC, WQ) Bioretention (FC, MSV,WQ) Native vegetation restoration (PSV, MSV) Soil amendments (FC, MSV, WQ) Cisterns, rainwater harvesting (remains in watershed) (FC, WQ) Retention ponds, infiltration basins (FC, WQ) 1W A Vegetation +soil preservation (PSO, MSV, PR, WQ) Grading limits, building/road placement, impervious surface reduction (FC, PSO,MSV, PR) Permeable pavement; other impervious surface disconnection (FC, WQ) Bioretention (FC, MSV, WQ) Native vegetation restoration (PSV, MSV) Soil Amendments (FC, MSV, WQ) Retention ponds, infiltration basins (FC,WQ) ITEM NUMBER: C - 5 DATE: 05/22/12 4. Evapotranspiration Vegetation +soil preservation (PSO, MSV, PR, WQ) Receiving water preservation and setbacks (PSO, MSV, PR,WQ) Impervious surface reduction (FC, PR) Impervious surface disconnection (FC) Bioretention, biofiltration, native vegetation restoration (FC, PSO, MSV, WQ) Vegetated roofs (FC, MSV, WQ) Cisterns, rainwater harvesting(remains in watershed) (FC,WQ) Retention ponds, infiltration basins (FC,WQ) Riparian restoration 5. Delivery of sediment to streams Soil preservation (type and structure)(PSO, MSV, PR) Receiving water preservation and setbacks (PSO, MSV, PR, WQ) Grading limits, building/road placement, impervious surface reduction (FC, PSO,MSV, PR) 6. Delivery of organic matter to . . . Vegetation preservation (PSO, MSV, PR, WQ) Receiving water preservation and setbacks(PSO, MSV, PR, WQ) Grading limits, building/road placement, impervious surface reduction (FC, PSO,MSV, PR) Bioretention, biofiltration, native vegetation restoration (FC, PSO, MSV,WQ) Riparian restoration 7. Chemical/biological transformations Vegetation +soil preservation (PSO, MSV, PR, WQ) Receiving water preservation and setbacks (PSO, MSV, PR, WQ) Grading limits, building/road placement, impervious surface reduction (FC, PSO,MSV, PR) Permeable pavement; other impervious surface disconnection (FC, WQ) Bioretention, biofiltration, native vegetation restoration (FC, PSO, MSV, WQ) Bioswales (filter strips), proprietary WQ treatment devices, detention ponds/vaults (WQ) Source Control Illicit discharge detection Riparian restoration As noted above, hydromodification control plans are assumed to always include a basic level of water-quality treatment and buffers around receiving waters. The SCM's that can address these goals (and their associated management strategies) are as follows, from those at the top of the list that emphasize preservation (and a broad suite of protected processes) to those at the bottom with a more limited, but potentially better targeted, strategic approach: ITEM NUMBER: C - 5 DATE: 05/22/12 • Receiving water preservation and setbacks (PSO, MSV, PR, WQ) • Vegetation +soil preservation (PSO, MSV, PR, WQ) • Native vegetation restoration (FC, PSO, MSV, WQ) • Grading limits, building/road placement, impervious surface reduction (FC, PSO,MSV, PR) • Bioretention and biofiltration (FC, PSO, MSV, WQ) • Permeable pavement; other impervious surface disconnection (FC, WQ) • Bioswales (filter strips), proprietary WQ treatment devices, detention ponds/vaults (WQ) ITEM NUMBER: C - 5 DATE: 05/22/12 Associating Stormwater Management Strategies with each WMZ One of the foundational principles of the Joint Effort is that not every location on the landscape requires the same set of stormwater mitigation measures, because of intrinsic differences in the key watershed processes at each locale and the sensitivity to those processes of the downstream receiving water(s).These differences are captured in the map of Watershed Management Zones (Figure 3), with ancillary conditions relative to groundwater shown in Figure 4. Based on the effectiveness of the various stormwater management strategies (and some examples of their associated SCM's) at protecting or replacing the key watershed processes,the following set of tables (Table 7.1-7.10) display those management approaches that are most likely to provide successful mitigation as needed for each WMZ. In the tables that follow,the red-highlighted columns are those requiring the most effective measures, because those are the watershed processes that are most strongly (and, given the downstream receiving water,the most critically) affected by urbanization. Yellow-highlighted columns denote less- strongly or less-critically affected processes, thereby suggesting that a somewhat less stringent criteria may be appropriate. Purple-highlighted columns apply only for those WMZ's (#'s 4, 7, and 10) for which the presence of an underlying groundwater basin will impose additional concerns for the protection of watershed processes. The entries for Table 7 reflect a qualitative assessment of the degree of effectiveness of each listed SCM for the protection or replacement of the indicated watershed process. Only those that have moderate (3/4 circle) or high (full circle) effectiveness are included for the highlighted watershed processes. In combination,they suggest a possible range of strategies that, in total, can be effective at addressing the suite of key watershed processes. Note, however, that they do not specify any singular approach for a specific site—that lies beyond the ability of any generalized framework to provide. ITEM NUMBER: C - 5 DATE: 05/22/12 Table 7. Key watershed processes (highlighted)for each of the 10 watershed management zones,together with the stormwater management strategies and some example criteria that are likely to be effective in their protection. Preserve/maintain 4 0 O No benefit Watershed Processes a � C u M 0 W1f�C O d H C 0 C WMZ #1 0 �� 3 L :5 os C 0 CL W 0 cM (OF, GW; also IF, ET) c ° i c w 0 3 f0 i M Y co O,N >, a 0 j '0 M N3 Ji •E , C 7 ++ •GJ 41al Y 0 W W 0 M V Management Strategy Example Criteria E San Diego County—Hydromodification Plan 0 4 4 O O 4 Flow Control Section 438 of EISA— Retain 95th Percentile Event 4 4 O O 4 State of New Jersey—Groundwater Recharge • • (11 O O ()Water Quality Treatment O City of Santa Monica— Urban Runoff Mitigation Plan 4 4 O O 4 King County, Washington— Requirements for Sensitive Watersheds 4 4 4 4 ( O Lan ' State of Delaware—Final Draft Stormwater Regulations to Minimize 4 4 O O 4 Effective Impervious Area ITEM NUMBER: C - 5 DATE: 05/22/12 Preserve/maintain 0 4 0 0 No benefit Watershed Processes v � m C Cu"t3 u vi O N wC O C WMZ #2 �� �-0 - CL Q y0 OY p� (OF; also GW, IF, ET) c ° I " 3 E m 4 W M O++ T to O i +' 3 C � iT fO i+C+ V H 53 m 0 >4 'y+� a, L Management Strategy Example Criteria41 LU Y bb E San Diego County—Hydromodification Plan 0 4 (10 0 0141 4 Flow Control Section 438 of EISA— Retain 95th Percentile Event 4 0 0 4 State of New Jersey—Groundwater Recharge 0 0 () 0 0 Water Quality Treatment City of Santa Monica— Urban Runoff Mitigation Plan a 4 4 0 0 4 King County, Washington— Requirements for Sensitive WatershedsLanO ' PreservationState of Delaware—Final Draft Stormwater Regulations to Minimize 0 0 Effective Impervious Area 4 Q11 QO Q11 ITEM NUMBER: C - 5 DATE: 05/22/12 Preserve/maintain 40 4 0 0 No benefit Watershed Processes a � -a fC O Nw = O = WMZ #3 2 �� - (CBT; also OF, ET) °«' c c a o 3 L � E M f0 .W+ M +' T fa O } 3 = " L L o41 u Management Strategy Example Criteria — ° W o Y San Diego County—Hydromodification Plan 0 a QO () 0 0 0 Flow Control Section 438 of EISA— Retain 95th Percentile Event Q0 QO QO QP 0 0 Q0i Water Quality Treatment City of Santa Monica— Urban Runoff Mitigation Plan 0 0 King County, Washington— Requirements for Sensitive WatershedsLand Preservation O State of Delaware—Final Draft Stormwater Regulations to Minimize Effective Impervious Area QOQ0 4 Q 0 0 Q Preserve/maintain 0 QO 0 0 No benefit Watershed Processes a = C u u �n 3 O a, � _ =s + E ai m�0 7 WMZ #4 � 3 �L 0.0 (CBT-/) C v c 3 \c ` 3 c ;' `° � o � tA > ;�� 0 a, 3 > � 'E _ Management Strategy Example Criteria W W o E u` 1 San Diego County—Hydromodification Plan 0 4 4 0 0 4 ITEM NUMBER: C - 5 DATE: 05/22/12 Section 438 of EISA— Retain 95th Percentile Event 44 44 0 04 State of New Jersey—Groundwater Recharge • • () 0 0 () O Water Quality Treatment City of Santa Monica— Urban Runoff Mitigation Plan 4 4 a 0 04 4 King County, Washington— Requirements for Sensitive Watersheds 4 4 4 4 QO QOLand Preservation O State of Delaware—Final Draft Stormwater Regulations to Minimize O 0 Effective Impervious Area QO 4 QO QO QO Preserve/maintain 0 Q1 0 0 No benefit Watershed Processes v �+ oc *' u-0 u v) O N w O O C WMZ #5 2 m� � °� 0.0 r (DS/GW, IF, ET) °+; c I a o 3 �E i fa M O a+ > f0 O v +' 3 c L3 yY y " >� a 0 a, > � O 5 � m �0- y °�' ani Management Strategy Example Criteria 41 bn W o Efa u Y San Diego County—Hydromodification Plan 0 QO 1 4 (j 0 0 QO I QP ControlFlow Section 438 of EISA—Retain 95th Percentile Event Q0 Q0 4 Q0 0 0 Q0 c) State of New Jersey—Groundwater Recharge () 0 0 () 0 0 Water Quality Treatment City of Santa Monica— Urban Runoff Mitigation Plan 4 QO QO 4 0 0 Q DeliveryPreserve Santa Cruz—City-wide Creeks and Wetlands Management Plan (Variable SedimentWidth) 0 4 0 QO King County, Washington— Requirements for Sensitive Watersheds QO QO QO QO QO 4 4 O Land Preservation State of Delaware—Final Draft Stormwater Regulations to Minimize 0 0 Effective Impervious Area ITEM NUMBER: C - 5 DATE: 05/22/12 Preserve/maintain 40 4 0 0 No benefit Watershed Processes al to c u u -aM O Wv� CD WMZ #6 CA 3 M_ �.w t= �o O �p L :5-O LM L 0.0 '•' CL 0 'C. veli0LA .0 O.0, OM (DS/OF, ET) coZr_a`! m o+; 0 3 M L >. ,5 o L 3 41 12 41 i(0 L Y V LA > ;F.= 0 v3 > L 'EC C M Y �Y N L Management Strategy Example Criteria WLU o u Y • Control Section 438 of EISA— Retain 95th Percentile Event 4 0 0 Q Water Quality Treatment City of Santa Monica— Urban Runoff Mitigation Plan4 4 40 0 QO _ Santa Cruz—City-wide Creeks and Wetlands Management Plan (Variable • Width) King County, Washington— Requirements for Sensitive Watersheds O Land Preservation State of Delaware—Final Draft Stormwater Regulations to Minimize 0 0 Effective Impervious Area Preserve/maintain 40 4 0 0 No benefit Watershed Processes v � L C C cl u (n E c6 O d w C 0 C WMZ #7 0 �� �-0 1 " ; W 03° M0 Ln WO Y o +, 3 4' iM L0 u� > ;�'O 0 Ola > L EC C C M > O 41 Ol i Management Strategy Example Criteria a°Lo 'y o Y Y ITEM NUMBER: C - 5 DATE: 05/22/12 Flow Control Section 438 of EISA— Retain 95th Percentile Event 44 44 O 04 State of New Jersey—Groundwater Recharge () • • () O O ()Water 0 Quality City of Santa Monica— Urban Runoff Mitigation Plan 4 4 4 4 O O 4 4 _ Santa Cruz—City-wide Creeks and Wetlands Management Plan (Variable Width) 0 0 0 4 4 0 Land Preservation King County, Washington— Requirements for Sensitive Watersheds 4 4 4 4 4 (10 O Preserve/maintain 0 4(10 O No benefit Watershed Processes v �o _ = v u tA 3 a o a, w _ WMZ #8 =� M �'" ` -0Qr O l9 y 3 % �-0 iDi O._ = i O .Q 0 O� Oto M m to d to O+� O > �-0 Q.a3 > � 'E _ Management Strategy Example Criteria W o E Section 438 of EISA— Retain 95th Percentile Event 4 4 O O 4 Flow Control State of New Jersey—Groundwater Recharge • • () O OWater O Quality City of Santa Monica— Urban Runoff Mitigation Plan 4 O O 4 Land Preservation King County, Washington— Requirements for Sensitive Watersheds O ITEM NUMBER: C - 5 DATE: 05/22/12 Preserve/maintain 0 4(10 O No benefit Watershed Processes i+ L C C to O WU U to -O yt L WMZ #9 3 `� Ir, �' ` 0 o >° �-a �o-L o. _ C L Q Q d 0 o ate, 0 R OF, ET) ° w 0 3 E 0 L M V L 41 �• to L O M 3 41L t6 L U > w'O Q. 4J3 > L C Management Strategy Example Criteria o W o .� Flow Control Section 438 of EISA— Retain 95th Percentile Event 4 4 4 O O 4 Water Quality Treatment City of Santa Monica— Urban Runoff Mitigation Plan 4 4 4 O O 4 Land Preservation King County, Washington— Requirements for Sensitive Watersheds 4 4 4 4 4 (1 O Preserve/maintain 0 4(10 O No benefit Watershed Processes v � tor- v" L C u_ to to O N to C 3 C Z ++ G) to d4 C WMZ #10 O M U a-a b.0L O._ •~ cL p C. ao O+; Om to41 to o) tea o 41 >. o L = 3: 41 41 L f0 L. V Management Strategy Example Criteria °L� w o r San Diego County—Hydromodification Plan 0 4 4 O O 4 Flow Control Section 438 of EISA— Retain 95th Percentile Event 4 4 4 O O 4 State of New Jersey—Groundwater Recharge • • () O O ()Water Quality Treatment 0 City of Santa Monica— Urban Runoff Mitigation Plan 40 4 4 O O 4 Land Preservation King County, Washington— Requirements for Sensitive Watersheds 4 4 4 40 4 () O ITEM NUMBER: C - 5 DATE: 05/22/12 Numeric Criteria Review of existing stormwater management criteria from a range of jurisdictions in California and around the country suggest a broad range of numeric criteria that have been applied, with varying degrees of effectiveness at protecting watershed processes.An assessment of these existing criteria has formed the basis for recommending the appropriate standards for stormwater management to protect watershed processes in the Central Coast Region.The final list of criteria is still under development. Attachment 3 Narrative Supporting: Management Strategy- Example Criteria -Watershed Process Table. Narrative Supporting; Management Strategy - Example Criteria - Watershed Process Table ITEM NUMBER: C - 5 DATE: 05/22/12 The Management Strategy-Example Criteria- Watershed Process table was developed to provide a linkage between broad categories of stormwater management objectives(Strategies), specific examples of stormwater management criteria for each strategy from California and around the nation(Criteria), and how implementation of each criterion is anticipated to preserve or replace critical watershed processes identified previously during the project(Watershed Processes). Each Criterion is rated from a scale of 0 to 4 (using symbols) according to how well it performs for preserving or replacing each Watershed Process. An additional table is provided showing examples of stormwater management techniques that cannot be easily rated but which are judged effective for protecting Watershed Processes and provide a toolbox that developers can use to meet overall stormwater objectives. Credit systems like the Seattle Green Factor can be an effective way to provide options towards achieving goals. Management Strategies While the term"hydromodification" is not used in the majority of stormwater management manuals or ordinances past or present,the concepts of protecting water quality,maintaining water balance, and preserving stream channel stability have been in the mainstream for decades. The Criteria presented in this review are grouped according to the following five broad Strategies: 1. Flow Control 2. Water Quality Treatment 3. Preserve Delivery of Sediment and Organics 4. Land Preservation 5. Maintain Soil and Vegetation Regime Flow Control encompasses a broad range of stormwater criteria for addressing hydraulic and hydrologic goals. Three sub-categories are included and defined below: Storm Event Peaks,Flow Duration Matching and Storm Volume Control, and Retain/Infiltrate Volume. Storm Event Peaks. Use of detention storage for peak flow control has perhaps the longest history in stormwater management. Requirements for managing storm event peak flows grew out of need to provide flood control on a more localized scale in urban areas. Regulations typically mandate that post- development peak flows are less than or equal to pre-development peak flows for a series of intermediate and/or large design storm events (e.g.,the 2-, 10-, and 25-year events)—thus ensuring, at least in theory, that new development will not create additional flooding hazards. Flow Duration Matching and Storm Volume Control. The need for storm event volume control was recognized in the late 1980's and came into mainstream use in the early 2000's. Peak control criteria were not effective for mitigating channel erosion risk(Booth, 1989; MacRae, 1992;MacRae, 1993; Bledsoe and Watson,2001). The goal became to control the runoff from events in the 1-year to 2-year range, corresponding to the frequency with the highest risk potential for channel erosion(commonly correlated with the bankfull event), and by extension damage to aquatic habitat. Standards were promulgated to provide extended detention(minimum 24 to 48 hour drawdown time)for a sufficient volume to mitigate risk of channel erosion. A drawback of volume control criteria,however, is that the resulting outflow hydrograph does not necessarily match pre-developed conditions. In response, flow duration matching was first introduced in King County,WA in 1990 and became popular throughout many counties in California during the mid-2000's in response to hydromodification requirements from Water Boards. The goal is simple on the surface—attempt to match the aggregate duration of sediment- transporting discharges in the to the extent possible. The specific criteria are rather complex and highly technical;this is necessary because there has to be an objective statistical basis to measure compliance; ITEM NUMBER: C - 5 DATE: 05/22/12 in other words one cannot simply perform a subjective visual comparison of peak frequencies and flow durations. Retain/Infiltrate Volume. None of these strategies address long-term hydrology, expressed as the range of flows from the largest storm to baseflow during the driest time of the year. To address this gap, a handful of regulating authorities have implemented requirements for infiltrating runoff or retaining it onsite,without specific reference to the range of stream-channel flows that are affected or that can be measured to evaluate compliance or effectiveness. Goals include maintaining groundwater flow, reducing overall runoff volume,or both. Water Quality Treatment criteria address the major link between urbanization and water quality impairment,which is the increased runoff from impervious surfaces and soil compaction of pervious areas, as well as urban sources of pollutants such as nutrients from fertilizer,metals from brake pads, and sediment from exposed soil surfaces. Use of stormwater control measures (SCM's) for treatment of pollutants in urban runoff became popular in the 1990's as the focus of water quality programs moved from traditional end-of-pipe point source control to management of nonpoint sources. Early research by Schueler(1987)indicated there was a point of diminishing returns between percent capture of annual runoff and pollutant removal effectiveness, and that majority of pollutant mass tended to be carried in runoff during the beginning of storm events, called the"first flush,"in many(but not all)climatological regions. Over the next several years,most stormwater programs developed treatment criteria targeting this first-flush volume,with regulations coalescing around the 85th to 90th percentile annual storm depth, called the Water Quality Volume. California programs took a more robust approach, adding flow-based criteria for SCM's that do not provide storage volume(such as swales which treat via filtration), and publishing 85th percentile isopluvial maps to account for highly variable rainfall patterns. While some SCM's designed for water quality treatment do have benefits for reducing peak flows and promoting infiltration and evapotranspiration,the primary reasons for their use are linked to the local water quality requirements,which reflect goals of protecting aquatic life, drinking water resources, and minimizing risk of disease resulting from contact with pathogens in water bodies. Preserve Delivery of Sediment and Organics.Natural delivery of sediment and organic matter into the channel network are critical processes for the maintenance of various habitat features and aquatic ecosystems in the fluvial setting. While preservation of these functions is not a goal found in most stormwater regulations, it is often discussed qualitatively as a goal in establishing or justifying riparian buffer requirements. Land Preservation. Open Space Requirements are sometimes used as a technique in stormwater regulation, especially when a receiving stream or reservoir has a high value placed on its protection. Minimize Effective Impervious Area. There are several regulating authorities with requirements for limiting impervious area and directing runoff from impervious surfaces to pervious areas,rather than routing it directly to the storm drain(thus converting"effective"impervious area to"ineffective" impervious area,namely hard surfaces where the runoff can reinfiltrate into the ground instead of connecting directly to the channel network). These practices work to limit Effective Impervious Area. Maintain Soil and Vegetation Regime The need for water-quality treatment"facilities"is widely understood in stormwater management,but the underlying reason for such a need is commonly recognized only partly. Although the import of new pollutants into a watershed is one dimension of water-quality impairment,the greater cause is typically the isolation of soil and vegetation from the path of urban stormwater runoff. In an undisturbed watershed,the processes of filtration, adsorbtion,biological uptake, oxidation, and microbial breakdown (collectively termed the watershed process of"chemical and biological transformations"by the Joint ITEM NUMBER: C - 5 DATE: 05/22/12 Effort)provide extremely effective purification of most (though not all) contaminants,both natural and anthropogenic. The most obvious evidence of this is enshrined in Health Department rules,nationwide, which typically mandate no more than 100 feet of separation between a raw sewage discharge (via drainfield) and a human drinking-water supply. The effectiveness of this treatment does not rely on structural measures,but rather on the ability of natural soil and vegetation to purify water of most of its even most deleterious contaminants. This management strategy embraces not only the"natural"approach to water-quality treatment and protection but also major components of how the rainfall—runoff relationship is attenuated in an undisturbed watershed. Evapotranspiration, infiltration, interflow, and deep recharge in an undisturbed watershed all reflect the presence of soil and vegetation; maintaining these elements is thus an obvious strategy for protecting these processes as well. As such,this strategy overlaps with several others: not only can it accomplish water-quality treatment,but also it provides an effective(but non-engineered and so difficult to quantify) approach to stormwater volume-based flow control. In addition, if adjacent to water bodies it preserves the delivery of sediment and organics to waterbodies; and it is a(typically intentional)byproduct of any application of land-preservation strategies as well. Example Criteria The Criteria are drawn from a cross-section of ordinances and regulations from municipalities, states, and even the federal government. Examples from California were preferentially selected,but existing examples were not broad enough in scope to address all of the Strategies. In many instances, a regulating authority uses similar Criteria as provided in the table example; these are noted as"Similar Criteria"in highlighted boxes. Key assumptions regarding how the Criteria are related to the Watershed Process ratings are provided in italicized text. It is important to note that the Criteria are not mutually exclusive among the Strategies—some meet multiple objectives. In addition,the Criteria are not presented in the more holistic context of the goals of their ordinance or requirement; often a regulating authority has multiple (and sometimes tiered) criteria for addressing several water resource management goals. Watershed Processes Each Watershed Process is discussed,both in the context of the natural setting and the developed landscape. Overland flow Precipitation reaching the ground surface that does not immediately soak in must run over the land surface(thus, "overland"flow). Most uncompacted,vegetated soils have infiltration capacities of one to several inches per hour at the ground surface,which exceeds the rainfall intensity of even unusually intense storms of the Central Coast and so confirms the field observations of little to no overland flow in undisturbed watersheds. In contrast,pavement and hard surfaces reduce the effective infiltration capacity of the ground surface to zero, ensuring overland flow regardless of the meteorological attributes of a storm,together with a much faster rate of runoff relative to vegetated surfaces. Infiltration and groundwater recharge These closely linked hydrologic processes are dominant across most intact landscapes of the Central Coast Region. They can be thought of as the inverse of overland flow;precipitation that reaches the ground surface and does not immediately run off has most likely infiltrated. Their widespread occurrence is expressed by the common absence of surface-water channels on even steep (undisturbed)hillslopes. Thus, on virtually any geologic material on all but the steepest slopes (or bare rock), infiltration of rainfall into the soil is inferred to be widespread,if not ubiquitous. With urbanization, changes to the ITEM NUMBER: C - 5 DATE: 05/22/12 process of infiltration are also quite simple to characterize: some(typically large) fraction of that once- infiltrating water is now converted to overland flow. Interflow Interflow takes place following storm events as shallow subsurface flow(usually within 3 —6 feet of the surface)occurring in a more permeable soil layer above a less permeable substrate. In the storm response of a stream, interflow provides a transition between the rapid response from surface runoff and much slower stream discharge from deeper groundwater. In some geologic settings,the distinction between "interflow"and"deep groundwater"is artificial and largely meaningless; in others,however,there is a strong physical discrimination between"shallow"and"deep"groundwater movement. Development reduces infiltration and thus interflow as discussed previously, as well as reducing the footprint of the area supporting interflow volume. Evapotranspiration In undisturbed humid-region watersheds,the process of returning water to the atmosphere by direct evaporation from soil and vegetation surfaces and by the active transpiration by plants can account for nearly one-half of the total annual water balance; in more and regions,this fraction can be even higher. Development covers soils with impervious surfaces and usually results in the compaction of soils when grading occurs.Native plants are often replaced with turfgrass,which typically have lower rates of evapotranspiration unless irrigated throughout the summer months. Delivery of sediment to waterbodies Sediment delivery into the channel network is a critical process for maintaining various habitat features in fluvial systems (although excessive sediment loading from watershed disturbance can also be a significant source of degradation). Development commonly covers surfaces and non-native vegetation may prevent the natural supply of sediment from reaching the stream. Delivery of organic matter to waterbodies Introduction of allochthonous organic material into the stream network, either as fine organic material suitable for food or as coarse organic material that can provide physical structure and hydraulic resistance in the channel,is critical for maintaining aquatic life. Development may reduce the input of organic matter to streams, especially when native vegetation near streams is cleared or replaced with turfgrass. Chemical/biological transformations This encompasses the suite of watershed processes that alter the chemical composition of water as it passes through the soil column on its path to (and after entry into)a receiving water. The conversion of subsurface flow to overland flow in a developed landscape eliminates much of the opportunity for such transformations, and this loss is commonly expressed through degraded water quality. Stream Stability While an indicator of watershed conditions and not a Watershed Process itself, stream stability may be important to consider when development cannot achieve an adequate degree of performance for the other Watershed Processes. This is more likely to occur as impervious footprints become large and overwhelm the ability of the remaining landscape to absorb development impacts, and where inadequate mitigation has occurred. The following ratings are used in the table to link the performance of the Criteria to each Watershed Process. Key assumptions regarding how the Criteria relate to the Watershed Processes are provided in italicized text. ITEM NUMBER: C - 5 DATE: 05/22/12 Rating Description 40 Criterion preserves or fully replaces the watershed process relative to natural conditions. Criterion substantially preserves the watershed process or replaces most of the process 3 relative to natural conditions. 2 A Criterion partially preserves or replaces the watershed process. IM Criterion minimally replaces a portion of the watershed process. 0 Criterion provides no protection or support of the watershed process. Summary The following Criteria provide the best overall protection of Watershed Processes: • Section 438 of EISA—Retain 95th Percentile Event • City of Santa Monica—Urban Runoff Mitigation Plan • City of Santa Barbara SWMP—Volume Reduction Requirement • State of Delaware—Final Draft Stormwater Regulations King County, Washington—Requirements for Sensitive Watersheds also scores high,but the rankings are due primarily to the percentage of land left in an undeveloped state. The four Criteria listed above share a gap in coverage of Watershed Processes—delivery of sediment and organic matter to waterbodies. Where these processes require protection, a buffer zone requirement could be used to address the gap. Many areas within the Central Coast region require protection for only a subset of the Watershed Processes, depending on their Watershed Management Zone classification.As a result, a one-size-fits-all approach is not likely to provide flexibility in the development of stormwater management requirements. Multiple techniques are likely to be needed to address varying objectives. It is also important to note that some Criteria(such as flood control requirements)may score poorly for individual Criteria but still have an important role in stormwater management by virtue of community needs or concerns. Citations Bledsoe,B.P. and C.C. Watson. 2001. Effects of Urbanization on Channel Instability. Journal of the American Water Resources Association. 37(2): 255-270. Booth, D. B. 1989. Runoff and stream-channel changes following urbanization in King County, Washington: chapter in Gallster,R., ed.,Engineering Geology in Washington,Vol. II: Washington Division of Geology and Earth Resources Bulletin 78,pp. 639-650. MacRae, C.R. 1992. The Role of Moderate Flow Events and Bank Structure in the Determination of Channel Response to Urbanization. Resolving conflicts and uncertainty in water management: Proceedings of the 45th Annual Conference of the Canadian Water Resources Association. Shrubsole, D., ed. 1992,pg 12.1-12.21. ITEM NUMBER: C - 5 DATE: 05/22/12 MacRae, C.R. 1993. An Alternate Design Approach for the Control of Instream Erosion Potential in Urbanizing Watersheds. Proceedings of the Sixth International Conference on Urban Storm Drainage, Sept 12-17, 1993. Torno,H.C.,vol. 2,pg 1086-1098. Schueler, T.R. 1987. Controlling Urban Runoff.Washington Metropolitan Water Resources Planning Board. ITEM NUMBER: C - 5 DATE: 05/22/12 Attachment 4 Post-Construction Requirements for New and Redevelopment for the Central Coast Region. PRELIMINARY DRAFT Post-Construction Requirements for New and Redevelopment for the Central Coast Region March 22, 2012 1. Introduction The objective of this document is to describe the requirements to control the quantity and quality of stormwater produced by new and redevelopment to protect watershed processes and the beneficial uses of receiving waters. This document describes the requirements and guidance for post-construction stormwater control for new and redevelopment projects including: ■ Watershed Management Zones ■ Minimum Requirements -Performance Requirements -Hydrologic Analysis -Documentation ■ Alternative (off-site) Compliance ■ Obstacles to On-site Compliance ■ Watershed Planning ■ Exemptions ■ Definitions ■ Selection of Stormwater Control Measures 2. Watershed Management Zones The Central Coast Region is broken into 10 Watershed Management Zones (WMZs), which are aligned with specific stormwater control requirements to address the impacts of development on watershed processes and beneficial uses. Map Tiles 1 through 4 (attached) illustrate the WMZs for the Central Coast Region's urbanized areas. 3. Minimum Requirements Minimum Requirements apply to certain projects on public or private land that fall under the planning and building authority of a Permittee including commercial, industrial, residential housing subdivisions (i.e., detached single-family home subdivisions, multi- family attached subdivisions (town homes), condominiums, and apartments), mixed- use, and roadways. ITEM NUMBER: C - 5 DATE: 05/22/12 Minimum Requirements are intended to protect watershed processes that are necessary for healthy receiving waters. Minimum Requirements include Performance Requirements, and the necessary hydrologic analysis and documentation to support the Performance Requirements. The Performance Requirements are based on addressing the causal factors of receiving water degradation (i.e. disruption of natural watershed processes) rather than symptomatic factors (e.g., stream channel stability). As such, the Minimum Requirements (numeric and non-numeric criteria) focus on those numeric and non-numeric criteria that address watershed processes and on the thresholds at which they can reasonably be implemented. Not all of the Minimum Requirements apply to every development or redevelopment project. Their applicability varies depending on the type and size of the project. This section identifies thresholds that determine the applicability of the Minimum Requirements, as well as the associated required Performance Requirements, hydrologic analysis and documentation. Figure 1, Applicability Thresholds Flow Chart, (Attached) also provides a means to identify project thresholds and requirements. 3.1. Performance Requirements New and redevelopment projects shall be required to comply with Performance Requirements listed in this Section. For new development, requirements must be achieved for the entire project. Redevelopment projects shall be required to comply with Performance Requirements only for the new and/or replaced impervious surface. The exception is in redevelopment projects when the runoff from the existing impervious surfaces on the project site cannot be separated from the runoff from new and replaced surfaces. In that situation, the Performance Requirements for water quality treatment apply to the entire flow directed to any post-construction treatment facilities. 3.1.1. Performance Requirement #1: Site Design Measures All development projects, which create and/or replace > 2500 ft of impervious surface, including detached single-family home projects, will utilize one or more of the following site design measures: • Limit disturbance of natural water bodies and drainage systems • Minimize compaction of highly permeable soils • Conserve natural areas, including existing trees, other vegetation, and soils • Minimize impervious surfaces • Direct roof runoff into cisterns or rain barrels for reuse • Direct roof runoff onto vegetated areas • Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas • Direct runoff from driveways and/or uncovered parking lots onto vegetated areas • Construct sidewalks, walkways, and/or patios with permeable surfaces ITEM NUMBER: C - 5 DATE: 05/22/12 • Construct bike lanes, driveways, and uncovered parking lots with permeable surfaces This provision applies to all development projects that require approvals and/or permits issued under the Permittee's planning, building, or other comparable authority. 3.1.2. Performance Requirement #2: Water Quality Treatment The purpose of runoff treatment is to reduce pollutant loads and concentrations in stormwater runoff using physical, biological, and chemical removal mechanisms so that beneficial uses of receiving waters are maintained and, where applicable, restored. When site conditions are appropriate, on-site retention via infiltration can potentially be the most effective Stormwater Control Measures for runoff treatment. However, infiltration may be especially challenging for small sites and therefore the Performance Requirement for Water Quality Treatment does not require on-site infiltration for compliance. The Water Board also recognizes that small redevelopment sites may be able to reduce their net impervious surface area, where net impervious surface area is the sum of new and reconstructed imperious areas, minus any new pervious area created by elimination or demolition of existing on-site impervious surfaces. Net Impervious Area = (New and Replaced Impervious Area) — (New Pervious Area) In these cases, project applicants that are able to bring their net impervious surface additions below 5,000 ft2 are not required to comply with Performance Requirement #2. Performance Requirement #1 will still apply if the project is 2,500 ft or larger. All development projects, which result in a net addition > 5000 ft of impervious surface shall meet the following Performance Requirements: Volume Approach — Treat stormwater runoff volume: • Equal to 1 .5 times the volume of runoff generated by the 85th percentile 24-hour storm event, based on local historical rainfall data and determined using the formula and volume capture coefficients set forth in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ASCE Manual of Practice No. 87, (1998), pages 175-178; and • To achieve at minimum 80% Total Suspended Solids removal Note: Most water quality designs guidelines presume 80 percent TSS removal performance. However, in evaluating water quality treatment options, the opportunity for improved and/or targeted treatment performance should be evaluated. Identification of pollutants of concern to downstream receiving waters such as those associated with Impaired Waters (303(d) list) and Total Maximum Daily Load allocations may necessitate targeted treatment. Because conventional water quality treatment designs generally focus on the removal of total suspended solids and pollutants adsorbed to those particles, they do little to address soluble pollutants such as dissolved metals, which are ITEM NUMBER: C - 5 DATE: 05/22/12 present in urban runoff. Infiltration (e.g., bioretention) is often a very effective option to address a wide spectrum of pollutant types and forms (e.g., soluble and particulate). However, Performance Requirement #2 does not require infiltration due to the general feasibility of doing so at a small project size. Therefore, the applicant should evaluate options to maximize pollutant removal efficiency, including infiltration, biofiltration, and proprietary devices, to minimize pollutants being discharged from the project. For design guidance, project applicants can refer to the California Stormwater Quality Association's Stormwater Best Management Practice Handbook, New Development and Redevelopment (2003), cite more sources. 3.1.3. Performance Requirement #3: Retention Retention is required for most projects that create and/or replace > 15,000 ft new and/or replaced impervious surface. For some WMZs, retention is not required, while in others, the methods by which the retention requirement is met will vary. These distinctions acknowledge the varying watershed processes that exist in the Central Coast and focus on requirements that are consistent with the protection or restoration of these processes. For example, retention via infiltration is important in WMZs where groundwater recharge is an important watershed process. In other areas, where groundwater recharge is not emphasized but reduction of overland flow is important, retention objectives may be met using infiltration, but storage, harvesting and reuse, and evapotranspiration approaches may also be appropriate. Similarly, there are some WMZs in which retention does not significantly support watershed processes. In these WMZs, retention is not required. For projects that create > 15,000 ft2 of new and/or replaced impervious surface, the WMZ specific requirements are: Watershed Management Zones 3, 6, 9, and 10: No retention requirements. Performance Requirements #1 and #2 still apply. Performance Requirement #4 may apply to projects > 22,500 ft.2 Watershed Management Zones 2, 5, and 8: Retain 95th Percentile Event - Prevent offsite discharge from events up to the 95t percentile precipitation event. This volume must be infiltrated, evaporated/transpired, or harvested for later use to the maximum extent technically feasible. Compliance can be achieved via storage, rainwater harvesting, infiltration, and/or evapotranspiration. Performance Requirements #1 and #2 still apply. Performance Requirement #4 may apply to projects > 22,500 ft.2 ITEM NUMBER: C - 5 DATE: 05/22/12 Watershed Management Zones 1, 4, and 7 Retain 95th Percentile Event - Prevent offsite discharge from events up to the 95t percentile precipitation event. Compliance must be achieved via infiltration. Performance Requirements #1 and #2 still apply. Requirement #4 may apply for projects > 22,500 ft.2 Note: Compliance with Performance Requirement #2 (water quality treatment) and #3 (retention requirements) may be achieved more cost-effectively by optimizing Stormwater Control Measures such as the use of bioretention facilities which provide both water quality treatment and retention benefits. 3.1.4. Performance Requirement #4: Peak Management The Joint Effort recognizes that for some projects, management of peak flows is necessary to address potential downstream erosion and flooding. In such cases, conventional approaches (e.g., ponds, vaults) may be necessary. While conventional detention methods do not address watershed process other than reducing the overland flow peaks generated by a project that would otherwise reach a stream, if used in combination with on-site retention requirements, this overall management strategy can be an effective means of supporting a number of watershed processes. All projects that create and/or replace >22,500 ft 2 of new and/or replaced impervious surface and are located in a WMZ where runoff control is a concern shall meet the following requirements: Watershed Management Zones 1, 2, 3, 6, and 9: Post-development peak flows shall not exceed pre-development peak flows for the 2 through 100-yr storm events. Performance Requirement #1, #2, and #3 still apply. Watershed Management Zones 4, 5, 7, 8 and 10: No Peak Management required beyond local flood control requirements Performance Requirement #1, #2, and #3 still apply. 3.1.5. Minimum Requirement #5: Special Circumstances Some projects may be subject to the Special Circumstances designation. Post- construction stormwater control requirements for Special Circumstances are described below: 3.1.5.1. Highly altered streams, drainage channels, or presence of downstream flow control facilities (e.g. detention ponds) ITEM NUMBER: C - 5 DATE: 05/22/12 Performance Requirement #4 (Peak Management) does not apply to projects where project discharges stormwater runoff into creeks or storm drains where the potential for erosion, or other impacts to beneficial uses, is minimal. Such situations include the following.. 1. Discharges into stream channels, or drainage channels that are concrete-lined or otherwise continuously armored from the discharge point to the channels confluence with a lake, large river, or ocean; 2. Continuous Underground storm drain systems discharging directly to a lake, large river, or ocean; or, 3. Presence of existing flow control facilities, that regulate flow volumes and durations that are located between the project site and receiving water. The Permittee shall provide documentation describing the site- specific conditions verifying these special circumstances. 3.1.5.2. Historic Lakes and Wetlands Over time, California has lost many receiving waters such as lakes, and wetlands, to human land use activities (e.g. reclamation, fill, rerouting of water, etc.). These historic environments had intrinsic value but also provided water quality and hydrologic benefit to downstream waterbodies (e.g., streams). The Joint Effort conducted its analysis at a scale that did not include identification of these historic hydrologic features. Consequently, infiltration requirements may not be appropriate for a new or redevelopment project located where there was once a historic hydrologic feature such as a lake or wetland. In these situations, pre-development hydrologic processes did not include significant infiltration of rainwater but rather filtration, storage, and ponding. Requirements for historic lakes and wetlands are: For historic lakes and wetland projects that create and/or replace >15,000 ft2 of impervious surface, the following Performance Requirements apply: Detain runoff volume equal to that generated by the 95'" percentile precipitation event. Performance Requirements #1 and #2 still apply. ITEM NUMBER: C - 5 DATE: 05/22/12 For historic lakes and wetland projects that create and/or replace > 22,500 ft2 of impervious surface, the following Performance Requirements apply: Detain runoff volume equal to that generated by the 95'" percentile precipitation event, and Performance Requirements #4 (Post-development peak flows shall not exceed pre-development peak flows for the 2 through 100-yr storm events.) Performance Requirements #1 and #2 still apply. The Permittee will provide reasonable documentation to justify that any new or redevelopment project subject to stormwater control requirements is more appropriately categorized under the Special Condition category, "Historic Small Lakes and Coastal Wetlands." 3.2. Required Hydrologic Analysis The computational methods needed to evaluate the Performance Requirements depend on the type of information required and the size of the project area. Use of a continuous simulation model is generally preferred to most accurately estimate changes in runoff due to development. However, the Water Board recognizes that the use of continuous simulation models, such as those based on the EPA's HSPF (Hydrologic Simulation Program-Fortran), present challenges in evaluating flow control options, primarily due to lack of local calibration and adequate representation of emerging BMPs, particularly those associated with Low Impact Development. The hydrologic analysis requirements for post-construction new and redevelopment are as follows: For projects between 5,000 ft2 and 22,500 ft2, single-event based analyses can be utilized. For projects >22,500 ft2 use a calibrated continuous simulation hydrologic model is required to calculate runoff, retention, infiltration, and water quality treatment performance. Note that single event models tend to overestimate peak flow rates from pervious areas because they cannot adequately model subsurface flow. Additionally, peak flow rates tend to be overestimated as the actual time of concentration is typically greater than what is assumed. An understanding of limitations and ways to better estimate conditions when using single-event based hydrologic analysis is strongly encouraged. The Low Impact Development Manual for Southern California includes a comparison and discussion of commonly used single-event and continuous simulation models used to evaluate stormwater control measures. (http://www.casga.org/LID/tabid/240/Default.aspx). ITEM NUMBER: C - 5 DATE: 05/22/12 3.3. Documentation Documentation requirements for projects are to be developed. Documentation (reporting, tracking, etc.) will be required for all projects. Documentation type and level of detail will vary based on the size of project and requirements. These post-construction stormwater requirements emphasize protection or restoration of watershed processes. To do so effectively, most projects will need to integrate site planning and design principles, such as those associated with Low Impact Development, early and throughout the design process. Project applicants will be required to submit information that documents the site design processes including efforts to prioritize approaches that provide the greatest water quality benefit. 4. Alternative Compliance for Off-site Mitigation Local governments may use an alternative compliance mechanism, such as a fee- in-lieu arrangement, to comply with site-scale post-construction requirements. This section to be more fully developed but will include: 1. Allowance for Permittees to comply with parcel-scale requirements off-site 2. Parameters or criteria by which Alternative Compliance may be granted (currently drafted in Sections 5 and 6) 3. Corresponding Water Quality and/or Flow Control (retention, peak management) Performance Requirements 4. Documentation, reporting and other administrative elements. 5. Technical Infeasibility Criteria for allowing Off-site Compliance The Stormwater Control Measures that best support Watershed Processes and compliance with the Performance Requirements are generally those consistent with Low Impact Development (LID) design such as infiltration, rainwater harvesting and reuse, evapotranspiration, and storage. However, it is recognized that LID principles are not universally applicable and there are cases where on-site compliance is not feasible or appropriate. The following Technical Infeasibility Criteria are being considered in terms of appropriate Performance Requirements and options for off- site mitigation: • Depth to seasonal high water table • Depth to an impervious layer such as bedrock • Soil permeability (i.e. infiltration capacity) • Existing soil contamination • Space constraints (e.g., infill projects, some redevelopment projects, high density development) ITEM NUMBER: C - 5 DATE: 05/22/12 • Geotechnical hazards • Locations within 100 feet of a groundwater well used for drinking water 6. Watershed Planning Off-site mitigation projects identified through Watershed Planning may also be used by the Permittee to meet post-construction stormwater requirements. Protection and restoration of watershed processes are generally best accomplished where they occur (i.e., at the site). This is especially true of large new development projects where intact watershed processes can be protected and, the ability to do so is feasible due to the site scale. It can be more challenging in redevelopment contexts where existing site conditions constrain the options for feasibly implementing facilities to manage stormwater. Watershed Planning can be effective at addressing existing and potential future impacts to watershed processes and, in some cases, identify actions that provide greater receiving water protection or improvement than can be achieved at the individual parcel scale. Watershed Planning can provide a mechanism by which the post-construction stormwater control requirements for new and redevelopment can be evaluated in the context of a Watershed Management Zone (WMZ). WMZs are characterized by distinct physical and receiving water attributes. Each WMZ has key watershed processes that are a focus for protection or restoration. Watershed Plans may be used to identify prioritized projects, consistent with WMZ objectives, which address specific stormwater quality and/or runoff problems. Watershed Planning may also be used to demonstrate an equivalent level of treatment and flow control through the use of regional stormwater treatment facilities. Watershed Planning must take into consideration the long-term cumulative impacts of urbanization including existing and future development. To qualify for off-site mitigation through the use of a Watershed Plan, the Permittee must develop a proposal that includes, at minimum: a. Description of the off-site project(s), which must be included in a Watershed Plan adopted by the Permittee. b. The location of the proposed off-site project(s), which must be located within the same WMZ and watershed as the parcel-scale project. c. The proposed off-site project(s) must be consistent with the watershed processes and management strategies associated with the Watershed Management Zone. d. The proposed off-site project will: 1) meet or exceed the parcel-scale Performance Requirements. Any mathematical analysis (e.g., calculations and modeling) needed to demonstrate off-site compliance shall be included in the project proposal. ITEM NUMBER: C - 5 DATE: 05/22/12 e. Where the off-site mitigation project(s) has not been constructed, a schedule for completion. As noted above, off-site compliance with parcel-scale requirements must be evaluated and documented based on the parcel-scale numeric performance requirements, watershed processes, and associated management strategies. Section 4, p. 15-19 of the document, "Summary of Findings and Applications" (Attached), provides numerous examples of stormwater control measures that are commonly implemented in stormwater management and hydromodification control plans, and that directly address one of more watershed processes. While this section focuses on the use Watershed Planning as an approach to comply with parcel-scale stormwater control requirements, Watershed Planning can also be used to identify prevention, structural retrofit, and redevelopment strategies for reducing the effects of existing development on the aquatic resources. Regional approaches can be evaluated but most likely off-site projects identified through Watershed Planning will involve small-scale decentralized systems that are a retrofit of existing infrastructure. 7. Exemptions Specific exemptions (i.e. no stormwater control requirements) to Minimum Requirements for new and redevelopment include: 7.1. Road Maintenance: 7.1.1. The following road maintenance practices are exempt: • Pothole and square cut patching, • Overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage, • Shoulder grading, • Reshaping/regrading drainage systems, • Crack sealing, • Resurfacing with in-kind material without expanding the road prism. 7.1.2. The following road maintenance practices are not exempt: • Removing and replacing a paved surface to base course or lower, or repairing the roadway base: If impervious surfaces are not expanded. • Extending the pavement edge without increasing the size of the road prism, or paving graveled shoulders: These are considered new impervious surfaces and are subject to the minimum requirements that are triggered when the thresholds identified for new or redevelopment projects are met. • Resurfacing by upgrading from dirt to asphalt, or concrete; upgrading from gravel to asphalt, or concrete; or upgrading from a bituminous surface treatment ("chip seal") to asphalt or concrete: These are considered new impervious surfaces and are subject to the minimum requirements ITEM NUMBER: C - 5 DATE: 05/22/12 that are triggered when the thresholds identified for new or redevelopment projects are met. 7.2. Underground utility projects: Underground utility projects that replace the ground surface with in-kind material or materials with similar runoff characteristics. 7.3. Curb/gutter projects: Curb and gutter improvement or replacement projects that are not part of any additional creation or replacement of impervious surface area (e.g., sidewalks, roadway). 7.4. Sidewalks and bicycle lanes: Sidewalks built as part of new streets or roads and built to direct stormwater runoff to adjacent vegetated areas; bicycle lanes that are built as part of new streets or roads but are not hydraulically connected to new streets or roads and that direct stormwater runoff to adjacent vegetated areas. 7.5. Trails and pathways: 7.6. Impervious trails built to direct stormwater runoff to adjacent vegetated areas or other non-erodible permeable areas. 7.7. Second-story additions that do not increase the building footprint 7.8. Raised decks, stairs, or walkways (not built directly on the ground) designed with spaces to allow for water drainage 7.9. Installing photovoltaic systems on/over existing roof or other impervious surface 7.10. Reroofing projects involving no increase in roof surfaces 7.11. Addition of chimneys or BBQ areas 7.12. Spas/pools 7.13. New skylights or single chimney or replacement in the same location 7.14. Temporary structures (temporary = 6 months) 7.15. Electrical and utility vaults, sewer and water lift stations, backflows and other utility devices 7.16. Above-ground fuel storage tanks and fuel farms with spill containment systems 8. Definitions Related to Post-Construction Stormwater Requirements Single-family Residence Project — The building of one single new house or the addition and/or replacement of impervious surface associated with one single existing house, which is not part of a larger plan of development. Impervious surface — A hard, non-vegetated surface area that either prevents or retards the entry of water into the soil mantle, as under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for purposes of determining whether the thresholds for application of ITEM NUMBER: C - 5 DATE: 05/22/12 minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling. Landscaped Areas — Areas of soil and vegetation not including any impervious surfaces such as impervious patios, BBQ areas, and pools. Low Impact Development (LID) — A stormwater and land use management strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation, and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. Native vegetation — Vegetation comprised of plant species, other than noxious weeds, that are indigenous to the Central Coast Region and which reasonably could have been expected to naturally occur on the site. Net impervious area — the sum of new and reconstructed imperious areas, minus any new pervious area created by elimination or demolition of existing on-site impervious surfaces. Net Impervious Area = (New and Replaced Impervious Area) — (New Pervious Area) New development — Land disturbing activities, including construction or installation of a building or other structure; creation of impervious surfaces; and subdivision, short subdivision and binding site plans. Permeable or Pervious Surface — A surface that allows stormwater to infiltrate into the ground. Examples include pasture, native vegetation areas, landscape areas, and permeable pavements. Project — The area defined by the legal boundaries of a parcel or parcels of land that is (are) subject to new development or redevelopment project. For road projects, the length of the project site and the right-of-way boundaries define the site. Receiving waters — Bodies of water or surface water systems to which surface runoff is discharged via a point source of stormwater or via sheet flow. Ground water to which surface runoff is directed by infiltration. Redevelopment — On a site that is already developed, the creation or addition of impervious surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities. Replaced impervious surface — For structures, the removal and replacement of any exterior impervious surfaces or down to the foundation. For other impervious surfaces, the removal down to bare soil or base course, and replacement. Stormwater Control Measures — Stormwater management practices integrated into project design that emphasize protection of watershed processes. Stormwater Management Measures include, but are not limited to, bioretention/rain gardens, ITEM NUMBER: C - 5 DATE: 05/22/12 permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re-use. 9. Selection of Stormwater Control Measures Selection of Stormwater Control Measures (e.g., Best Management Practices) to comply with these post-construction requirements should emphasize site development strategies that are most effective at addressing key watershed processes. While the more conventional engineered stormwater conveyance, treatment, and detention systems can reduce the impacts of development to water quality and hydrology, they cannot replicate the natural hydrologic functions and processes of the natural watershed, nor can they remove sufficient pollutants to replicate the water quality of pre-development conditions. Low Impact Development (LID) is a stormwater control and land development strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation, and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. When used alone or in conjunction with other stormwater management measures as part of a new or redevelopment project, LID can be an effective means of protecting or restoring watershed processes and receiving waters. When designing a project site, Stormwater Management Measures should be prioritized to address the most watershed processes as possible. Often these "high benefit" Management Measures are LID techniques that are integrated early in the project design phase such as open space preservation, reduction of impervious area, and setbacks from sensitive receiving waters. Substantial guidance is available to support design of stormwater management measures, including: cite CASQA, Santa Barbara, Southern California manuals. On-site Stormwater Management Measures include LID as well as other techniques that help achieve the goals of LID such as downspout dispersion and infiltration, and concentrated and sheet flow dispersion of runoff from other impervious areas, such as driveway, and sloped pervious areas. LID BMP's often include bioretention, rain gardens, permeable pavements, and vegetated roofs which serve to infiltrate, disperse, and retain stormwater run-off on-site. Their application helps to support a range of watershed processes and receiving water health. Section 4, p. 15-19 of the document, "Summary of Findings and Applications" (Attached), provides numerous examples of stormwater control measures that are commonly implemented in stormwater management and hydromodification control plans, and that directly address one of more watershed processes. S:\Stormwater\_Stormwater Program\_Municipal Program\Phase II\Hydromod Criteria\Joint Effort\Post- Construction Requirements\Post_construction_requirements.docx ITEM NUMBER: C - 5 DATE: 05/22/12 Attachment 5 Applicability Flow Chart—Requirements for Small, Medium and Large Redevelopment Projects. ITEM NUMBER: C - 5 DATE: 05/22/12 Does the Start Here project No discharge to No stormwater control requirements the Yes Is the project Exempt? No Will the project create > 2,500 ft2 Does the project result of new OR in < 5,000 ft2 net No replaced impervious surface? Yes No Stormwater OR new plus Requirements replaced impervious z Performance Yes No Requirement#1 Yes only required See Figure Is the project a single 1d family residence? Performance No Requirement 1 and 2 Performance Requirement#1 create >5,000 ft2 of create >15,000 ft2 new OR replaced of new OR replaced additional No OR new plus Yes OR new p lus NO Stormwater No additional St � Requirements replaced replaced Stormwater impervious impervious Requirements surface? surface? Yes See Figure 1b Figure 1a. Requirements for small new and redevelopment projects ITEM NUMBER: C - 5 DATE: 05/22/12 Project creates>15,000 ft2 of new OR replaced OR new plus replaced impervious surface? Does the project fall under the Yes See Special Circumstances Special Circumstances designation? Requirement#5 No For projects For projects located in WMZ located in other 3, 6, or 9? WMZs Performance Performance Requirements 1 Requirements 1, and 2 only 2,and 3 Will the project create > 22,500 ft2 of new OR No additional replaced OR new plus replaced impervious surface? Stormwater Requirements No Yes See Figure 1c Figure 1b. Requirements for medium sized new and redevelopment projects ITEM NUMBER: C - 5 DATE: 05/22/12 Project creates>22,500 ft2 of new OR replaced OR new plus replaced impervious surface Yes Does the project fall under the Special Circumstances designation? No Leepecial Circumstances Performance irement Requirements 1,2,3 and 4 Figure 1c. Requirements for large new and redevelopment projects ITEM NUMBER: C - 5 DATE: 05/22/12 Amount of new OR replaced OR new plus replaced impervious surface created by the single family residence Greater than or Greater than or Greater than or equal to 2,500 ft2 equal to 15,000 equal to 22,500 and less 15,000 ft2 and less than ft2 ft2 22,500 ft2 !/ Performance Performance Performance Requirement 1 Requirements 1, Requirements 1, only 2,and 3 2,3,and 4 Figure 1d. Requirements for Single Family Residential projects