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HomeMy WebLinkAbout070913 - CC Agenda combined igl$ 1979 CITY OF A TA SCA DERO �\AT�scAn�Ro j CITY COUNCIL AGENDA Tuesday, July 9, 2013 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California City Council Closed Session: 5:00 p.m. City Council Regular Session: 6:00 p.m. Successor Agency to the Community Immediately following the Redevelopment Agency of Atascadero conclusion of the City Council Regular Session CITY COUNCIL CLOSED SESSION: 5:00 p.m. 1. CLOSED SESSION -- PUBLIC COMMENT 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Public Employee Performance Evaluation (Govt. Code 54957) Title: City Manager b. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(d)(1) Save Atascadero v. City of Atascadero, et al. San Luis Obispo County Superior Court Case No. CV 128230 4. CLOSED SESSION -- ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION -- REPORT REGULAR SESSION — CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Moreno ROLL CALL: Mayor O'Malley Mayor Pro Tem Sturtevant Council Member Fonzi Council Member Kelley Council Member Moreno APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1. Historic City Hall Video Presentation by Atascadero High School Students 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. Temporary Road Closure - Hot EI Camino Cruise Nite 2013 ■ Fiscal Impact: No net fiscal impact. ■ Recommendations: Council adopt the Draft Resolution authorizing temporary road closures on Friday, August 16, 2013, for Hot EI Camino Cruise Nite 2013. [Police] 2. Remote Caller Bingo Amendment of Title 3, Chapter 12 of the Atascadero Municipal Code ■ Fiscal Impact: Minimal. This code text change will require the City to license remote caller bingo operators. This will require some amount of staff time on an annual basis. ■ Recommendation: Council adopt on second reading, by title only, the Draft Ordinance, amending Title 3 of the Atascadero Municipal Code allowing Remote Caller Bingo games in the City of Atascadero. [Community Development] 3. Subdivision Improvement Agreement - Tract 2525-Phase II (Approval of Subdivision Improvement Agreement) ■ Fiscal Impact: None. ■ Recommendation: Council authorize City Manager to execute a Subdivision Improvement Agreement for improvements associated with the Las Lomas Subdivision, Tract 2525-Phase II. [Public Works] 4. Final Map 2006-0131 (Tract 2701) 6709 Atascadero Avenue (TTM 2004- 0055) (Steve Nino) ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Adopt and Approve Final Map 2006-0131 (the "Subdivision" known as Tract 2701); and, 2. Reject, without prejudice to future acceptance on behalf of the public, the offer of dedication shown on the map for Public Utility Easements and authorize and direct the City Clerk to endorse the City Council's approval on the map. [Public Works] 5. Final Map 2004-0070 (Parcel Map AT 03-108) 5516 Tunitas Avenue (VTPM 2003-0040) - Fetyko ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Adopt and approve Final Map 2004-0070 (Parcel Map AT 03-108); and, 2. Authorize and direct the City Clerk to endorse the City Council's approval on the Map. [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 mtorgerson(c_atascadero.org.) B. PUBLIC HEARINGS: None. C. MANAGEMENT REPORTS: 1. Designation of Voting Delegate - League of California Cities' Annual Conference ■ Fiscal Impact: None. ■ Recommendation: Council designate Mayor Pro Tem Sturtevant as voting delegate at the Annual Business Meeting of the League of California Cities' Annual Conference in September 2013, and direct the City Clerk to inform the League of the designation. [City Clerk] 2. Stormwater Update (Guidance Document Submittal) ■ Fiscal Impact: Staff estimates that costs to fully implement the 29 new Best Practices could be as much as $100,000.00 over the next two years. The current budget includes $20,000.00 per year for stormwater compliance. Staff will incorporate as many of the Best Practices as possible into normal routine operations and maintenance activities to minimize program costs and conform to budgetary limitations as feasible ■ Recommendation: Council receive the update on the City's efforts to develop and submit a Stormwater Guidance Document to the State and develop new drainage standards. [Public Works] 3. Strategic Planning 2013 - Update on Council Goals ■ Fiscal Impact: There is no direct impact as a result of this report. ■ Recommendations: Council: 1. Provide feedback or additional direction if necessary; and, 2. Receive and file this report on the progress being made relative to the City Council's six goals. [City Manager] COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor O'Malley 1. City/ Schools Committee 2. County Mayors Round Table 3. Integrated Waste Management Authority (IWMA) 4. SLO Council of Governments (SLOCOG) 5. SLO Regional Transit Authority (RTA) Mayor Pro Tem Sturtevant 1. City/ Schools Committee 2. City of Atascadero Finance Committee 3. Community Action Partnership of SLO County 4. League of California Cities — Council Liaison Council Member Fonzi 1. Air Pollution Control District 2. City of Atascadero Design Review Committee 3. Oversight Board for Successor Agency to the Community Redevelopment Agency of Atascadero 4. SLO Local Agency Formation Commission (LAFCo) — alternate Council Member Kelley 1. Atascadero State Hospital Advisory Committee 2. City of Atascadero Design Review Committee 3. Economic Vitality Corporation, Board of Directors (EVC) 4. Homeless Services Oversight Council Council Member Moreno 1. California Joint Powers Insurance Authority (CJPIA) Board 2. City of Atascadero Finance Committee (Chair) E. INDIVIDUAL DETERMINATION AND / OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURNMENT TO THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO 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 July 9, 2013 Regular Session of the Atascadero City Council was posted on July 2, 2013, 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 2nd day of July 2013, at Atascadero, California. Victoria Randall, Deputy City Clerk City of Atascadero City of Atascadero WELCOME TO THE ATA SCA DERO 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: 07/09/13 r�r�� Ir r t 6�- r �19 8 '" r i �sr-� ArASCAnERo��� Atascadero City Council Staff Report — Police Department Temporary Road Closure Hot EI Camino Cruise Nite 2013 RECOMMENDATION: Council adopt the Draft Resolution authorizing temporary road closures on Friday, August 16, 2013, for Hot EI Camino Cruise Nite 2013. DISCUSSION: On Friday, August 16, 2013, City staff is proposing to close the following for the annual Hot EI Camino Cruise Nite, which begins at 6:30 p.m.: To be closed from 5:00 p.m. — 8:30 p.m.: • EI Camino Real from Curbaril Ave. to Traffic Way • San Luis Ave from Curbaril to Pueblo • Pueblo from San Luis Ave. to EI Camino Real • East Mall from EI Camino Real to Lewis Ave. • West Mall from EI Camino Real to Lewis Ave. • Entrada from EI Camino Real to Lewis Ave. • Traffic Way from EI Camino Real to Lewis Ave. The Hot EI Camino Cruise Nite event, coordinated by the Atascadero Police Department, Recreation Division and the Public Works Department, attracts thousands of tourists and spectators who line EI Camino Real to view the vehicles that participate in this growing event. Last year there were over 400 vehicles registered. The route for this year's "Cruise" is proposed to begin at Curbaril Ave. and end at Traffic Way. The route requires that Cal Trans or a contractor close the northbound Highway 41 exit and provide a detour for Highway 41 east. Cal Trans has requested a resolution from the Atascadero City Council authorizing the closure of EI Camino Real and the other streets affected along the proposed "Cruise" route. ITEM NUMBER: A- 1 DATE: 07/09/13 FISCAL IMPACT: No net fiscal impact. The cost of putting on the event is approximately $13,750 in budgeted funds, and it is anticipated that these costs will be fully recovered through budgeted sponsorships and entry fees. ALTERNATIVES: None proposed. ATTACHMENTS: 1. Draft Resolution 2. Map of the proposed Hot EI Camino Nite Cruise route 3. Map of the proposed Detour route 4. Street Closure Request Form Attachment 1 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA CREATING A TEMPORARY CRUISE ROUTE BE IT RESOLVED by the City Council of the City of Atascadero that the Hot El Camino Cruise Nite route is hereby established as: El Camino Real from Curbaril Avenue to Entrada to Palma Avenue to Traffic Way and returning to El Camino Real. Additionally, Curbaril Avenue from El Camino Real to San Luis Avenue, San Luis Avenue from Curbaril Avenue to Pueblo Avenue and Pueblo Avenue from San Luis Avenue to El Camino Real will be closed for"cruise" traffic only. BE IT FURTHER RESOLVED that in order to provide a closed route for the cruise, the area described above is designated as a tow-away zone from 5:00 p.m. until 8:30 p.m., on August 16, 2013. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO Tom O'Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney Attachment 2 k's-fye pe/ Traffic Way Exit NOT reconunended No cruise access! 1 1 Northbo Hwy.41 T Exit Closed R d$ LEGE-ND C ©Cruise Pass Registration :w , �q *Participant Entrance ` ..............>Registration Line-up mg�mCruise Route Pre-Registered&New Registrars may enter here using San Luis Ave.from Curbaril 2013 Hot El Camino Cruise Nite Route "Cruisin'the Night Away" Friday,August 16,2013 6:30-8:30 pm For more information, please call(805)470-3360 or visit our website at wn-w.atascadero.org Attachment 3 2 2 g o Lo MM yo o M M � r m M n DK U) Z Osum LLC, M 0 C c M o - H mQl Ago Cz ' ji .l i r Jill H 4� M HOT EL C MW CRUSE NTE CITY OF - ATASCADERO Hia-WAY t LAW w®r MTOUR Aoure �1 �v1 Attachment 4 CITY OF ATASCADERO STREET CLOSURE REQUEST FORM FULL NAME OF ORGANIZATION: City of Atascadero, Recreation Division NAME OF PERSON MAKING APPLICATION: Paula Anton, Recreation Supervisor ADDRESS: 6907 El Camino Real CITY: Atascadero ZIP: 93422 PHONE: DAY 470-3472 EVENING DATE (S) OF REQUESTED ROAD CLOSURE: Friday August 16, 2013 NAME OF STREET: 1. El Camino Real 2. San Luis Ave 3. Pueblo 4. East Mall 5. West Mall 6.Palma 7.Entrada 8.Traffic Way FROM(ADDRESS OR STREET): 1. Curbaril TO San Luis Ave 2. San Luis Ave TO Pueblo 3.Pueblo TO El Camino Real 4. ECR FROM Curbaril TO Traffic Way 5.East Mall FROM ECR TO Lewis Ave 6.West Mall FROM ECR TO Lewis Ave 5.Entrada FROM ECR TO Lewis Ave 6.Palma FROM East Mall TO Traffic Way 8. Traffic Way FROM El Camino Real to Lewis Ave. TIME OF CLOSURE: FROM: 5:00 pm TO: 8:30 pm Cruise Route—map attached PURPOSE FOR CLOSURE: Hot El Camino Cruise Nite a City of Atascadero Special Event(Closed cruise on El Camino Real from Curbaril to Entrada to Lewis Ave to Traffic Way) PROPOSED ALTERNATE ROUTE: See attached detour map PROPOSED EMERGENCY ACCESS PLAN: Emergency vehicles will be allowed to pass through the cruise route; City staff & Assisting Agencies will be at all barricades and will be notified to let the transit emergency vehicles pass through; AFD will have on-duty fire engines located on the cruise route available,if not on a call. PROPOSED TRAFFIC CONTROLS (SIGNS, POLICE, ETC.): Barricades, traffic signs, staff, and assisting agencies will be at all intersections along the cruise route; Traffic signals adjusted for traffic flow; detour route signs to follow attached map; Cal —Trans/a contracted safety service TBD/CHP notified to direct freeway traffic with Special Event signs on Hwy 101 directing NB traffic to exit at Curbaril and SB traffic to exit at Curbaril; APD at Curbaril, Morro Rd., and Traffic Way; Amtrak, RTA and Atascadero Transit,will be notified of the Cruise. Attachment 4 SIGNATURE OF APPLICANT: Paida Amtom DATE: 6/17/13 (Request must be made a minimum of 20 working days prior to event) FOR OFFICE USE ONLY Date Received: Approved by(all departments must approve): Fire Department Police Department Public Works Approved Approved Approved Denied Denied Denied Refer to Council Refer to Council Refer to Council Signature: Signature: Signature: Date: Date: Date: Reason for denial or comments: (Use additional page if necessary) City Manager's action: Signature: Date: City Council action (If applicable): ITEM NUMBER: A- 2 DATE: 07/09/13 1 Nig 011, ,�ArASCAn�O% Atascadero City Council Staff Report - Community Development Department Remote Caller Bingo Amendment of Title 3, Chapter 12 of the Atascadero Municipal Code RECOMMENDATION: Council adopt on second reading, by title only, the Draft Ordinance, amending Title 3 of the Atascadero Municipal Code allowing Remote Caller Bingo games in the City of Atascadero. DISCUSSION: This action consists of the proposed Text Amendment to Title 3 of the Atascadero Municipal Code to allow Remote Caller Bingo games within the City of Atascadero. On June 25, 2013, the City Council held a hearing on the proposed text change and approved staff's recommendations, introducing for first reading by title only, the proposed Draft Ordinance. Background: The City of Atascadero allows bingo games in Atascadero consistent with State law. Bingo is allowed to be played in mobile home parks, senior citizen organizations, and tax exempt organization. One of the underlying requirements of bingo is that the numbers are randomly called in front of the players to prevent fraud. Due to technological advancements, it is now possible to link bingo games in real-time, remotely via the internet, to a bingo caller in a "remote" location. The benefit of this approach is that the logistics and organization of games can be handled by a third party rather than the local charity or organization. The risk is that a game could be rigged by a corrupt remote caller. In order to prevent fraud with remote callers, the State has adopted new bingo rules to regulate remote caller bingo. One of the requirements of the State law is that local agencies adopt specific ordinance language prior to allowing remote caller bingo. ITEM NUMBER: A- 2 DATE: 07/09/13 Analysis: Adoption of the proposed Municipal Code changes would put the City in compliance with State law and allow remote caller bingo games in Atascadero. The City has received requests from some local organizations to allow remote caller bingo. These organizations have stated that bingo is a good fundraising mechanism for local causes, but that managing traditional on-site bingo games is too difficult for these organizations. They believe that remote caller bingo will allow them to use bingo more often and efficiently to raise money that will benefit community needs. City staff, including the Police Department, has reviewed the proposed changes and do not anticipate any public safety risks or downside to the proposed changes. The City Council introduced this Ordinance for first reading on June 25, 2013. If the Council adopts this Ordinance on second reading on July 9, 2013, the Ordinance will go into effect on August 8th FISCAL IMPACT: Minimal: This code text change will require the City to license remote caller bingo operators. This will require some amount of staff time on an annual basis. ATTACHMENT: Draft Ordinance A ITEM NUMBER: A-2 DATE: 07/09/13 Attachment 1 Attachment 1: Draft Ordinance A DRAFT ORDINANCE A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE BY ADDING SECTION 3-12.03 TO CHAPTER 12 OF TITLE 3. The City Council hereby finds and declares as follows: WHEREAS, bingo is a game of chance that is allowed to be played on a limited basis by the State of California, subject to specific regulations; and, WHEREAS, the City of Atascadero currently allows bingo games consistent with State law when the bingo caller is located on-site; and, WHEREAS, due to recent technological advancements with internet communication, remotely located bingo calling is now possible, and the State of California has revised bingo regulations to allow remote caller bingo subject to the adoption of certain regulations; and, WHEREAS, local service and non-profit organizations have expressed a need to operate remote caller bingo games to raise money for local needs and charities; and, WHEREAS, the operation of remote caller bingo games pose no burden on City resources or public safety; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1: Title 3-12 of the Atascadero Municipal Code is amended to read as follows: 3-12.03 Remote Caller Bingo. (a) Legislative Authorization. This chapter is adopted pursuant to Section 19 of Article IV of the California Constitution, as implemented by Sections 326.3 and 326.4 of the Penal Code. (b) Remote Caller Bingo Authorized. Remote Caller Bingo may be lawfully played in the City of Atascadero pursuant to the provisions of Sections 326.3 and 326.4 of the Penal Code and this chapter, and not otherwise. ITEM NUMBER: A- 2 DATE: 07/09/13 Attachment 1 (c) Qualified Applicants: Applicants for Licensure. (1) The following organizations are qualified to apply to the License Official for a license to operate a bingo game if the receipts of those games are used only for charitable purposes: (i) An organization exempt from the payment of the taxes imposed under the Corporation Tax Law by Section 23701 a, 23701 b, 23701 d, 23701 e, 23701 f, 23701 g, 23701 k, 237011, or 23701 w of the Revenue and Taxation Code. (ii) A mobile home park association of a mobile home park that is situated in the [City]. (iii) Senior citizen organizations. (iv) Charitable organizations affiliated with a school district. (2) The application shall be in a form prescribed by the License Official and shall be accompanied by a nonrefundable filing fee in an amount determined by resolution of the City of Atascadero from time to time. The following documentation shall be attached to the application, as applicable: (i) A certificate issued by the Franchise Tax Board certifying that the applicant is exempt from the payment of the taxes imposed under the Corporation Tax Law pursuant to Section 23701 a, 23701 b, 23701 d, 23701 e, 23701f, 23701 g, 23701 k, 237011, or 23701w of the Revenue and Taxation Code. In lieu of a certificate issued by the Franchise Tax Board, the License Official may refer to the Franchise Tax Board's Internet Web site to verify that the applicant is exempt from the payment of the taxes imposed under the Corporation Tax Law. (ii) Other evidence as the License Official determines is necessary to verify that the applicant is a duly organized mobile home park association of a mobile home park situated in the City of Atascadero. (d) License Application: Verification. The license shall not be issued until the License Official has verified the facts stated in the application and determined that the applicant is qualified. (e) Annual Licenses. A license issued pursuant to this chapter shall be valid until the end of the calendar year, at which time the license shall expire. A new license shall only be obtained upon filing a new application and payment of the license fee. The fact that a license has been issued to an applicant creates no vested right on the part of the licensee to continue to offer bingo for play. The City of Atascadero ITEM NUMBER: A-2 DATE: 07/09/13 Attachment 1 expressly reserves the right to amend or repeal this chapter at any time by resolution. If this chapter is repealed, all licenses issued pursuant to this chapter shall cease to be effective for any purpose on the effective date of the repealing resolution. (f) Conditions of Licensure. (1) Any license issued pursuant to this chapter shall be subject to the conditions contained in Sections 326.3 and 326.4 of the Penal Code, and each licensee shall comply with the requirements of those provisions. (2) Each license issued pursuant to this chapter shall be subject to the following additional conditions: (i) Bingo games shall not be conducted by any licensee on more than two days during any week, except that a licensee may hold one additional game, at its election, in each calendar quarter. (ii) The licensed organization is responsible for ensuring that the conditions of this chapter and Sections 326.3 and 326.4 of the Penal Code are complied with by the organization and its officers and members. A violation of any one or more of those conditions or provisions shall constitute cause for the revocation of the organization's license. At the request of the organization, the City of Atascadero hold a public hearing before revoking any license issued pursuant to this chapter. SECTION 2: A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's Office on and after the date following introduction and passage and shall be available to any interested member of the public. ITEM NUMBER: A- 2 DATE: 07/09/13 Attachment 1 INTRODUCED at a regular meeting of the City Council held on June 25, 2013, 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: CITY OF ATASCADERO Tom O'Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian Pierik, City Attorney ITEM NUMBER: A- 3 ° DATE: 07/09/13 Iiiia 1a7i Atascadero City Council Staff Report — Public Works Department Subdivision Improvement Agreement - Tract 2525-Phase II (Approval of Subdivision Improvement Agreement) RECOMMENDATION: Council authorize City Manager to execute a Subdivision Improvement Agreement for improvements associated with the Las Lomas Subdivision, Tract 2525-Phase II. REPORT IN BRIEF: Tract 2525-Phase II is part of the Woodridge/Las Lomas subdivision. The subdivision was previously owned by R.W. Hertel and Sons (Hertel). Hertel subsequently went bankrupt and forfeited the property. Vista Dorado LLC has purchased the project and plans to build the remaining homes and complete the subdivision improvements in Phase II. Since the subdivision improvements are not yet complete, Vista Dorado LLC is required to complete the subdivision improvements as the houses are constructed. Therefore, staff has prepared a Subdivision Improvement Agreement, between Vista Dorado LLC and the City, which outlines the developer's responsibilities to construct the remaining subdivision improvements. Vista Dorado has signed the Subdivision Improvement Agreement and has submitted the required financial instruments. DISCUSSION: Background: The City Council approved the Woodridge/Las Lomas Tract 2525- Phase II Subdivision Final Map in May 2005. A Subdivision Improvement Agreement (SIA) was signed at that time with R.W. Hertel and Sons. A SIA is required for projects where the final map is recorded but the improvements are not yet completed. Hertel subsequently started the improvements but did not finish the improvement before work stopped sometime in 2007. After work stopped, the City attempted to pull the bonds in order to finish the subdivision improvements, and is currently litigating resolution of the uncompleted work. This process is ongoing, and this approval will not jeopardize the ITEM NUMBER: A-3 DATE: 07/09/13 City's efforts to complete the remaining subdivision improvements in other project phases. The project was subsequently purchased by Vista Dorado LLC. Vista Dorado plans to build the remaining homes in Tract 2525 Phase II and the few remaining lots in Phase I that are adjacent to Phase II. The map below shows the location of the vacant lots. Vista Dorado has already finished the model homes and is planning to pull ten additional permits as soon as possible. The ten additional homes have been submitted for permitting and are close to being issued. tow a R a0 r Y rf a. Figure 1 - Tract 2525 Phase II — Circled area contains Tract 2525- Phase II w Analysis: Staff and the developer have agreed to a phased subdivision improvement schedule. The Developer will be required to complete half of the remaining subdivision improvements, fronting the lots they own at the time of the SIA date, as soon as 51% of the home permits receive a final from the Building Department. The remaining subdivision improvements will be required to be constructed prior to final of the last home in Phase Il. Staff will condition the permits to insure the improvements are constructed according to the schedule outlined above agreement. ITEM NUMBER: A- 3 DATE: 07/09/13 ALTERNATIVES: The City Council may decide not authorize the City Manager to sign the Subdivision Improvement Agreement. Staff does not recommend this action since Vista Dorado LLC has submitted the required documents and bonds and is ready to complete the project. FISCAL IMPACT: None. ATTACHMENT: Exhibit A - Subdivision Improvement Agreement and Bond Estimate ITEM NUMBER: A- 3 DATE: 07/09/13 Exhibit A NO FEE DOCUMENT Government Code&6103 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF ATASCADERO 6905 El Camino Real,Ste 6 Atascadero,CA 93422 Attention: City Clerk SUBDIVISION IMPROVEMENT AGREEMENT This Subdivision Improvement Agreement is made and entered into this 12th day of June, 2013,by and between the City of Atascadero,a municipal corporation,hereinafter referred to as "City,"and Vista Dorada LLC,hereinafter referred to as"Subdividiver." RECITALS A. Subdivider has presented to the City a parcel map or final map of a proposed subdivision of land located within the corporate limits of the City that has been prepared in accordance with the Subdivision Map Act of the State of California,the subdivision ordinances of the City,and the tentative map of the Subdivision previously approved by the City Council. B. The proposed subdivision of land is commonly known and described as Tract 2525-I1,and is hereinafter referred to as the"Subdivision"or the"Project." C. Subdivider has requested approval of the parcel map or final map prior to the construction and completion of the public improvements,including,but not limited to streets, highways,public ways,sidewalks,curbs,gutters,storm drainage facilities,street and traffic signal lighting,public utility facilities,median and parkway landscaping and irrigation,design standards which are part of the provisions for lot grading and drainage in or appurtenant to the Subdivision,and other public improvements that are required by the Subdivision Map Act,the Subdivision ordinances of the City,the tentative map(and approvals given in connection therewith),and final grading plan,if any,approved by the City. The foregoing improvements are hereinafter referred to as"the Required Improvements,"as further described in Attachment NOW,THEREFORE,the parties agree as follows: 1. Performance of Work. Subdivider agrees to furnish,construct and install at Subdivider's own expense the Required Improvements as shown on the plans and specifications of the Subdivision,a copy of which is on file in the office of the City Manager,and is incorporated herein by reference,along with any changes or modifications as may be required by the City Manager or the City Manager's designee(hereinafter"City Manager")due to errors, omissions,or changes in conditions. The plans and specifications of the Required Improvements 91AW 79=A 11335.1 ITEM NUMBER: A- 3 DATE: 07/09/13 Exhibit A may be modified by the Subdivider as the development progresses,subject to the prior written approval of the City Manager. The total estimated cost of the Required Improvements,as determined by the City Manager,is seven hundred forty four thousand two hundred seventeen dollars,as out lined in the attached engineer's estimate of probable costs. 2. Work,Satisfaction of City Manager. All of the work on the Required Improvements is to be done at the places,of the materials,and in the manner and at the grades, all as shown upon the approved plans and specifications and the City's Improvement Standards and Specifications,to the satisfaction of the City Manager. Subdivider shall protect,maintain and repair all work installed by subdivider prior to the acceptance of the Required Improvements,including,but not limited to,signing and striping,activation of all street lighting, traffic signals and irrigation controllers and payment of all energy costs through the warranty period. 3. Injury to Public Improvements.Public Property or Public Utilities Facilities. Subdivider shall replace or repair,or have replaced or repaired,all public improvements,public utility facilities,and surveying or Subdivision monuments which are destroyed or damaged in the performance of any work under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or private utility property damaged or destroyed in the performance of any work done under this Agreement,whether such property is owned by the United States or any agency thereof,or the State of California,or any agency or political subdivision thereof,or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction of the City Manager. 4. Inspection by City. Subdivider shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work,the Subdivider may request a final inspection by the City Manager or the City Manager's representative. If the City Manager or the designated representative determine that the work has been completed in accordance with this Agreement, then the City Manager shall recommend the acceptance of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and the City Council has taken action to accept the improvements. Subdivider shall bear all costs of plan check,inspection and certification. 5. Subdivider's Obligation to Warn Public During Construction. Until final acceptance of the Required Improvements,Subdivider shall give good and adequate warning to the public of each and every dangerous condition existing in said improvements,and will take reasonable actions to protect the public from such dangerous condition. 6. Superintendence by Subdivider. Subdivider shall require each contractor and subcontractor to have a competent foreman on the job at all times when that contractor or subcontractor,or any employee or agent thereof,is performing work on the Required Improvements. In addition,Subdivider shall maintain an office with a telephone and Subdivider or a person authorized to make decisions and to act for Subdivider in Subdivider's absence shall be available on the job site within three(3)hours of being tailed at such office by the City W20.106 787222.4 11335.1 ITEM NUMBER: A- 3 DATE: 07/09/13 Exhibit A during the hours of 9:00 A.M.through 5:00 P.M.,Monday through Friday,or any other day or time when work is being performed on the Required Improvements. 7. Work,Time for Commencement and Performance. Work on the Required Improvements has been commenced by the Subdivider or shall commence on or before the 81' day of May,2013,and Work on the Required improvements shall be completed on or before the ls`day of May,2015,or in accordance with the attached completion schedule which ever is sooner;provided,however,that the Required Improvements shall not be deemed to be completed until accepted in writing by the City. 8. Time of Essence;Extension. a. Time is of the essence of this Agreement. The dates for commencement and completion of the Required Improvements may not be extended,except as provided in this paragraph. The City Manager may extend the dates for a maximum of one hundred and eighty (180)days due to delays in the work actually caused by inclement weather,riots,strikes, lockouts,fires,earthquakes,floods and conditions resulting therefrom,or for other reason beyond the control of the Subdivider. Extension of the dates for any other cause or beyond one hundred and eighty(180)days shall be made only by the City Council. Extensions shall be granted only upon a showing of good cause by the Subdivider. The City Council or City Manager,as appropriate,shall be the sole and final judge as to whether good cause has been shown to entitle the Subdivider to an extension. b. Requests for extension of the commencement and/or completion date shall be in writing and delivered to the City in the manner hereinafter specified for service of notices. An extension of time,if any,shall be granted only in writing,and an oral extension shall not be valid or binding on the City. C. In the event the City extends the time of commencement and/or completion of the Required Improvements,such extension may be granted without notice by the City to the Subdivider's surety and shall in no way release any guarantee or security given by the Subdivider pursuant to this Agreement,or relieve or release those providing an improvement security pursuant to this Agreement. The surety or sureties,if any,in executing the securities shall be deemed to have expressly agreed to any such extension of time. d. In granting any extension of time,the City may require new or amended improvement security in amounts increased to reflect increases in the costs of constructing the Required Improvements or impose other conditions to protect its interests and ensure the timely completion of the Required Improvements. 9. Utility Undergrounding and Relocation Costs. Subdivider shall assume all costs for utility and cable television undergrounding and/or relocation which is not the responsibility of the cable television,gas,electric,telephone,or other utility company under the terms of the franchises with the City or otherwise imposed upon the utility companies by law. 10. Improvement Security. Concurrently with the execution of this Agreement,the Subdivider shall furnish the City with: 920/06 787222.4 11335.1 1 i I r. ITEM NUMBER: A- 3 DATE: 07/09/13 Exhibit A a. Faithful Performance Security. Subdivider shall provide faithful performance security as set forth in the Atascadero Municipal Code section 11-8.14 to secure faithful performance of this Agreement(the"faithful performance"security). This security shall be in the amount of one hundred percent(100%)of the total estimated cost of the Required Improvements,as determined by the City Manager. The total estimated cost of the Required Improvements is seven hundred forty four thousand two hundred seventeen dollars,as outlined in the attached engineer's estimate of probable cost. b. Payment Security. Subdivider shall also provide payment security as set forth in the Atascadero Municipal Code section 11-8.14 to secure payment to the contractor, subcontractors and to persons renting equipment or furnishing labor or materials to them for the work(the"payment security"). This security shall be in the amount of fifty percent(50%)of the total estimated cost of the Required Improvements,as determined by the City Manager and shall secure the obligations set forth in Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code of the State of California. C. Guarantee and Warranty Security. Subdivider shall also file with this Agreement a"guarantee and warranty security"in the amount of ten percent(10%)of the total estimated cost of the Required Improvements,as determined by the City Manager,to guarantee and warrant the Required Improvements for a period of one year following their completion and acceptance against any defective work or labor done,or defective materials furnished. d. Monument Security. Subdivider shall also file with this Agreement a "monument security"in the amount of one hundred percent(100%)of the total estimated cost of the installation of survey monuments in the Subdivision,as determined by the City Manager, which total cost is in the amount of tewelve thousand six hundred Dollars($12,600),to guarantee and secure the placement of such monuments. e. All required securities shall be in a form approved by the City Attorney. f. Any bonds submitted as security pursuant to this section shall be executed by a surety company authorized to transact a surety business in the State of California. These bonds shall be famished on the forms enclosed following this Agreement and shall be satisfactory to the City. The bonds shall be obtained from a responsible corporate surety(or sureties)acceptable to the City,which is licensed by the State of California to act as surety upon bonds and undertakings and which maintains in this State at least one office for the conduct of its business. The surety(or sureties)shall furnish reports as to its financial condition from time to time as requested by the City. The premiums for said bonds shall be paid by Subdivider. g. Any bonds submitted as security pursuant to this section shall be furnished by companies who are authorized and licensed by the Insurance Commissioner as"admitted surety insurers." Bonds must be approved by City. Before approving the proposed surety and in order to assess the sufficiency of the Surety,the Surety shall provide the City with an original of a certificate from the clerk of San Luis Obispo County that the certificate of authority of the insurer has not been surrendered,revoked,canceled,annulled,or suspended or,in the event that it has,that renewed authority has been granted. MOM 7872UA 11335.1 ITEM NUMBER: A- 3 DATE: 07/09/13 Exhibit A h. No change,alteration,or addition to the terms of this Agreement or the plans and specifications incorporated herein shall in any manner affect the obligation of the sureties,except as otherwise provided by the Subdivision Map Act. i. The securities shall be irrevocable,shall not be limited as to time(except as to the one-year guarantee and warranty period)and shall provide that they may be released,in whole or part,only upon the written approval of the City Manager and as provided in paragraph 11. All securities provided pursuant to this Agreement shall expressly obligate the surety for any extension of time authorized by the City for Subdivider's completion of the Required Improvements,whether or not the surety is given notice of such an extension by the City. j. The Attorney-in-Fact(resident agent)who executes the securities on behalf of the surety company must attach a copy of his/her Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers. 11. Release of Security. a Guarantee and Warranty_Securit,. Any unused portion of the guarantee and warranty security may be released one year after acceptance of the Required Improvements by the City Council. The amount to be released shall first be reduced by the amount deemed necessary by the City to correct any defects in the Required Improvements that are known or believed by the City to exist at the end of the guarantee and warranty period. b. Payment Security. The payment security may be released thirty-five(35) days after passage of the time within which claims of lien are required to be recorded pursuant to Article 3 of Chapter 2 of Title 15 of Part 4 of Division 3 of the Civil Code(commencing with Section 3114),but in no event shall such security be released prior to one hundred and twenty(120)days after acceptance of the Required Improvements by the City. The amount to be released shall first be reduced by the total of all claims on which an action has been filed and notice thereof given in writing to the City. City expressly may require the surety not to release the amount of security deemed necessary by City to assure payment of reasonable expenses and fees,including reasonable attorney's fees. C. Faithful Performance Security. (1)The faithful performance security shall be released upon final completion and acceptance of the Required Improvements by the City Council and in accordance with Government Code Section 66499.7. Partial release of the faithful performance security shall be approved only as required by.and subject to the conditions and limitations set forth in, Government Code Section 66499.7. (2)If the City approves the partial release of the faithful performance security,the: City may accept replacement security at the required reduced level as a substitute for the original security,but the release of the original security shall not be effective until the City Council approves the form and amount of the replacement security. If the partial release is effected through a reduction in the amount of the existing security,the Subdivider shall provide to the 9120/116, 787222A 11335. ITEM NUMBER: A- 3 DATE: 07/09/13 Exhibit A City written acknowledgement by the issuer of the security that the existing security remains in full force and effect at the reduced level. (3)A reduction in performance security under this section is not,and shall not be deemed to be,an acceptance by the City of the completed improvements,and the risk of loss or damage to the improvements and the obligation to maintain the improvements shall remain the sole responsibility of the subdivider until all of the Required Improvements have been accepted by the City Council and all other required improvements have been fully completed in accordance with the plans and specifications for the improvements. d. Monument Security. The monument security may be released upon. acceptance of the required monument installation by the City Manager. 12. Inspection and Other Fees. The Subdivider shall pay to the City all fees imposed in connection with the construction and inspection of the Required Improvements. These fees must be paid in full prior to the City's acceptance of the Required Improvements. The fees referred to above are not necessarily the only City fees,charges or other costs that have been,or will be,imposed on the Subdivision and its development,and this Agreement shall in no way exonerate or relieve the Subdivider from paying such other applicable fees,charges,and/or costs. 13. Defense,Indemnification and Hold Harmless. To the fullest extent permitted by law,the Contractor agrees to indemnify,defend and hold harmless,City and any and all of City's boards,officers,employees,agents,assigns,and successors in interest through legal counsel reasonably acceptable to the City,from and against any and all claims losses,demand and expenses,including,but not limited to,attorney's fees and cost of litigation,on account of bodily injury,including death,or property damage arising out of or in any way connected to the work performed by Contractor under this agreement. Without affecting the rights of City under any provision of this agreement.Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of the City,provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved,the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. This defense,indemnification and hold harmless provision shall extend to claims, losses,damage,injury,costs,including attorney fees,and liability for injuries occurring after completion of the construction of the Required Improvements as well as during construction,and. shall apply regardless of whether or not the City has prepared,supplied or approved the plans and/or specifications for the Required Improvements or has inspected or accepted the same. Acceptance of insurance required under this Agreement shall not relieve Subdivider from liability under this defense,indemnification and hold harmless provision. The parties intend that this provision shall be broadly construed to effectuate its purpose. 9/24(06 787222.4 11335.1 ITEM NUMBER: A- 3 DATE: 07/09/13 Exhibit A 14. Environmental Warranty. a. Prior to the acceptance of any dedications or improvements by City, Subdivider shall certify and warrant that:neither the property to be dedicated nor Subdivider are in violation of any environmental law and neither the property to be dedicated nor the Subdivider are subject to any existing,pending,or threatened investigation by any federal,state or local governmental authority under or in connection with any environmental law. Neither Subdivider nor any third party will use,generate,manufacture,produce,or release,on,under,or about the property to be dedicated,any hazardous substance,except in compliance with all applicable environmental laws. Subdivider has not caused or permitted the release of,and has no knowledge of the release or presence of,any hazardous substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to,or in the vicinity of,the property to be dedicated. Subdivider's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated. Subdivider shall give prompt written notice to City at the address set forth herein of- (i) f(i) Any proceeding or investigation by any federal,state or local governmental authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to,or in the vicinity of,the property to be dedicated; (ii) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance;and (iii) Subdivider's discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership,occupancy, use for the purpose for which it is intended,transferability,or suit under any environmental law. b. As used in this Agreement,the term"hazardous substance"includes any hazardous or toxic substance or material or waste,including but not limited to all types of gasoline,oil,and other petroleum hydrocarbons,asbestos,radon,polychlorinated biphenols (PCBs),or any other chemical,material,controlled substance,object,condition,waste,living organism or any combination thereof which is or may be hazardous to human health or safety or to the environment due to its radioactivity,ignitability,corrosivity,reactivity,cxplosivity, toxicity,carcinogenicity,mutagenicity,phytotoxicity,infectiousness or other harmful properties of effects,which is now,or in the future becomes,listed,defined or regulated in any manner by any federal,state,or local City based directly or indirectly upon such properties. 15. Subdivider's Insurance. a. Subdivider Shall Maintain Insurance. Subdivider shall not commence any work before obtaining,and shall maintain in force at all times during the duration and performance of this Agreement,the policies of insurance specified in this Section. Such insurance must have the approval of the City as to limit,form,and amount,and shall be placed with insurers with an A.M.Best rating of no less than A:Vll. 9!20/06 787222A 1133.5.1 ITEM NUMBER: A- 3 DATE: 07/09/13 Exhibit A b. Subdivider to Provide Evidence of Insurance. Prior to the execution of this Agreement and prior to the commencement of any work,the Subdivider shall furnish to the City,and the City must approve,original certificates of insurance and endorsements effecting coverage for all policies required by the Agreement. Subdivider shall not allow any contractor or subcontractor to commence work until similar insurance first shall have been so obtained by such contractor or subcontractor. Certificates shall be signed by a person authorized by the insurer,or insurers,to bind coverage on their behalf. Certificate of insurance and endorsements shall be on standard Accord,Department of Insurance,and Insurance Services Office approved forms or on forms approved by the City. As an alternative to providing the City with approved forms of certificates of insurance and endorsements,the Subdivider may provide complete,certified copies of all required insurance policies,including endorsements,effecting the coverage required by this Section. At any time,at the written request of the City,Subdivider agrees to furnish one or more copies of each required policy including declarations pages,conditions,provisions, endorsements,and exclusions. Such copies shall be certified by an authorized representative of each insurer. C. No Suspension of Insurance. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended,voided,cancelled, terminated by either party,reduced in coverage or in limits except after thirty(30)days'prior written notice by certified mail,return receipt requested,has been given to the City. d. Deductibles. Any deductibles,or self-insured retentions,exceeding five thousand dollars($5,000)must be declared to,and approved by,the City. Upon request by the City,Subdivider shall demonstrate financial capability for payment of such deductibles or self- insured retentions. e. Coverages Shall Not Limit Obligations. The requirement as to types, limits,and the City's approval of insurance coverage to be maintained by Subdivider are not intended to,and shall not in any manner,limit or qualify the liabilities and obligations assumed by Subdivider under the Agreement. f.. Required Limits. Subdivider and its contractors and subcontractors shall, at their expense,maintain in effect at all times during the term of this Agreement,not less than the following coverage and limits of insurance,which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance of Subdivider and its contractors and subcontractors of the following coverage and limit of insurance is a material element of the Agreement. The failure of Subdivider or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Agreement. g. Workers'Compensation Insurance. Subdivider shall maintain,during the term of this Agreement,Workers'Compensation insurance for all of Subdivider's employees as required.by Labor Code section 3700 of the State of California and Employer's Liability Act, including Longshoremen's and Harbor Workers'Act("Acts"),if applicable. Employer's Liability limits shall not be less than one million dollars($1,000,000)per occurrence. The Subdivider shall execute a certificate in compliance with Labor Code section 1861,on the form provided in the Contract Documents. The insurer shall agree to waive all rights of subrogation 9/2010, 757222A 11335.1. ITEM NUMBER: A- 3 DATE: 07/09/13 Exhibit A against the City,its officers,officials,and employees for losses arising from work falling within the terms of this Agreement. Subdivider shall indemnify and hold harmless the City for any damage resulting to it,including attorney fees,from failure of either Subdivider or any contractor or subcontractor to take out and maintain such insurance. h. Commercial General Liability Insurance. Subdivider shall maintain during the term of this Agreement such commercial general liability insurance as shall insure the City,its elective and appointive boards and commissions,officers,agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement. The insurance shall include,but not be limited to,protection against claims arising from death, bodily or personal injury,or damage to property resulting from actions,failures to act,or operations of Subdivider,any contractor's or subcontractor's operations hereunder,whether such operations are by Subdivider or any contractor or subcontractor or by anyone directly or indirectly employed by either Subdivider or any contractor or subcontractor. The amount of insurance coverage shall not be less than one million dollars($1,000,000)per occurrence and two million dollars($2,000,000)per policy aggregate. As an alternative to the policy (aggregate)the Subdivider may have an aggregate limit of one million dollars($1,000,000)per occurrence apply. Coverage shall be at least as broad as Insurance Services Office"occurrence form CG 00 01 (ed. 10/01)"covering commercial general liability or its equivalent. i. Endorsements. Subdivider shall see that the commercial general liability insurance shall include,or be endorsed to include,the following: (a)Provision or endorsement naming the City of Atascadero,its officers, employees,agents,boards,commissions,and volunteers as Additional Insureds with respect to liability arising out of the performance of any work under this Agreement. (b)Provision or endorsement stating that insurance is Primary insurance with respect to the City,its officers,employees,agents,boards,commissions,and volunteers,to the extent the City is an additional insured. Any insurance or self-insurance maintained by the City, its officers,officials,employees,agents,boards,commissions,and volunteers shall be excess of the Subdivider's insurance and shall not contribute with it. (c)Provision or endorsement stating that the Subdivider's insurance shall apply separately to each insured against whom claim is made or suit is brought,except with respect to the limits of the insurer's liability(cross-liability). (d)Provision or endorsement stating that any failure to comply with reporting or other provisions of the policies including breaches of representations shall not affect coverage provided to the City,its officers,employees,agents,boards,commissions,and volunteers. 16. Prevailing Wage. In the event it is determined that the Subdivider is required to pay prevailing wages for the work perforned under this Agreement,the Subdivider shall pay all penalties and wages as required by applicable law,and hold harmless,defend and indemnify the City for any liability the City may have for penalties and wages as required by applicable law. 17. Title to Required Improvements. The City shall not accept any real property to be dedicated or the Required Improvements unless they are constructed in conformity with the 9/20/06 787222.4 11335.1 ITEM NUMBER: A- 3 DATE: 07/09/13 Exhibit A approved plans and specifications,approved modifications,if any,the approved final or parcel map,and City Improvement Standards and Specifications,to the satisfaction of the City Manager. Until such time as the Required Improvements are accepted by the City,Subdivider shall retain title and shall be responsible for;and bear the risk of loss to,any of the improvements constructed or installed. Title to and ownership of any real property to be dedicated and the Required Improvements constructed under this Agreement by Subdivider shall vest absolutely in the City upon completion and acceptance in writing of such Required Improvements by City. The City shall not accept the Required Improvements unless title to the Required Improvements is entirely free from lien. Prior to acceptance,Subdivider shall supply the City with appropriate lien releases,at no cost to and in a form acceptable to the City. 18. Repair or Reconstruction of Defective Work. If,within a period of one year after final acceptance by the City Council of the Required Improvements,any improvement or part of any improvement furnished and/or installed or constructed,or caused to be installed or constructed by Subdivider,or any of the work done under this Agreement materially fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to City,repair,replace or reconstruct any defective or otherwise unsatisfactory part or parts of the improvements. If the Subdivider fails to act promptly or in accordance with this requirement,or if the exigencies of the situation require repairs or replacements to be made before the Subdivider can be notified,then the City may,at its option,make the necessary repairs or replacements or perform the necessary work,and Subdivider shall pay to City the actual cost of such repairs plus fifteen percent(15%)within thirty(30)days of the date of billing for such work by City. 19. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents,contractors,or subcontractors are or shall be considered to be agents of the City in connection with the performance of Subdivider's obligations under this Agreement. 20. Notice of Breach and Default. The following shall constitute a default under this Agreement: If Subdivider refuses or fails to prosecute the work on the Required Improvements, or any part thereof,with such diligence as will ensure its completion within the time specified,or any extension thereof,or fails to complete the Required Improvements within such time;if Subdivider should be adjudged a bankrupt,or Subdivider should make a general assignment.for the benefit of Subdivider's creditors,or if a receiver should be appointed in the event of Subdivider's insolvency;or if Subdivider or any of Subdivider's contractors,subcontractors, agents or employees should violate any of the provisions of this Agreement. In the event of Subdivider's default,Subdivider shall be deemed to be in breach of this Agreement and the City may serve written notice upon Subdivider and Subdivider's surety,if any,of the breach of this Agreement. Subdivider shall have fifteen(15)days from receipt of written notice by City to cure any default. 21. Breach of Agreement;Performance By Surety or City. In the event Subdivider is in default under this Agreement,and the applicable cure period set forth in paragraph 21 has expired without such default having been cured by Subdivider,the City may thereafter deliver a notice of breach to Subdivider's surety,if any,and such surety shall have the duty to take over 920106 787222.4 11335.1 ITEM NUMBER: A- 3 DATE: 07/09/13 Exhibit A ITEM NUMBER: A- 3 DATE: 07/09/13 Exhibit A and complete the work on the Required Improvements;provided,however,that if the surety within fifteen(15)days after the serving of such notice of breach upon it does not give the City written notice of the surety's intent to take over the performance of the Agreement,or does not commence performance thereof within fifteen(15)days after notice to the City of such election, then the City may take over the work and prosecute the same to completion by contract,or by any other method the City may deem advisable,for the account and at the expense of the Subdivider,and the Subdivider's surety shall be liable to the City for any excess cost or damages incurred by the City. In such event,the City,without liability-for so doing,may take possession of and utilize in completing the work such materials,appliances,plants or other property belonging to Subdivider as may be on the site of the work and necessary therefore. The remedy provided by this paragraph is in addition to,and not in lieu of,other remedies available to the City. The City reserves to itself all remedies available to it at law or in equity for a breach of Subdivider's obligations under this Agreement.In addition to any other remedy the City may have,a breach of this Agreement by the Subdivider shall constitute consent to the filing by the City of a notice of violation against all the lots in the Subdivision. Subdivider agrees that the choice of remedy or remedies for Subdivider's breach shall be in the discretion of the City. If the form of improvement security is other than a bond,the City,after giving notice of breach of the Agreement,may proceed to collect against the improvement security in the manner provided by law and by the terns of the security instrument. 22. Building Permit Sign-Off or Issuance of Certificate of Occupancy. The Subdivider is planning to build the project single family homes in two phases. Phase 1 home construction consists of 32,Tract 2525-II,lots on Eliano Street. Phase 2 home construction consists of 43,lots on Avion Road and Alcotan Lane. The City will allow final or sign off as complete,up to 51%of the building permits in a phase,before the public improvements in that individual phase have to be completed. In the case; where homes in both phases are being constructed simultaneously,public improvements in Phase; 1 will be completed prior to the issuance of the 19`j'overall building permit.Phase 2 public improvements will be completed prior to the issuance of the 39`x'overall building permit. The City will not sign off as complete,or issue any certificate of occupancy for any building constructed within the Subdivision,until and after such time as the City accepts the public improvements that are required to be built as previously described. 23. Notices. All notices required under this Agreement shall be in writing,and delivered in person or sent by registered or certified mail,postage prepaid. Notices required to be given to City shall be addressed as follows: City Manager CITY OF ATASCADERO 6907 El Camino Real Atascadero,CA 93422 Notices required to be given.to Subdivider shall be addressed as follows: Rick Scott 9120/06 787222.0 11335.1 ITEM NUMBER: A- 3 DATE: 07/09/13 Exhibit A Vista Dorada,LLC 9740 Appaloosa Road,Suite 130 San Diego,CA 92106 Any party may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 24. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. 25. Attorney Fees. In the event any legal action is brought to enforce or interpret this Agreement,the prevailing party shall be entitled to an award of reasonable attorney fees,in addition to any other relief to which it may be entitled. 26. Personal Nature of Subdivider's Obligations/Assigmnent. All of Subdivider's obligations under this Agreement are and shall remain the personal obligations of Subdivider notwithstanding a transfer of all or any part of the property within the Subdivision subject to this Agreement,and Subdivider shall not assign any of its obligations under this Agreement without the prior written consent of the City. 27. Acquisition and Dedication of Easements or Rights-of-Way. If any of the Required Improvements are to be constructed or installed on land not within the Subdivision or an already existing public right-of-way,no construction or installation shall be commenced before: a. The irrevocable offer of dedication or conveyance to City of appropriate rights-of-way,easements or other interests in real property,and appropriate authorization from the property owner to allow construction or installation of the Required Improvements,or b. The issuance of an order of possession by a court of competent jurisdiction pursuant to the State Eminent Domain Law. Subdivider shall comply in all respects with any such order of possession. Nothing in this paragraph shall be construed as authorizing or granting an extension of time to Subdivider for completion of the Required Improvements. 28. Compliance with Laws. Subdivider,its agents,employees,contractors,and subcontractors shall comply with all federal,state and local laws in the performance of the work required by this Agreement,including but not limited to obtaining all applicable permits and licenses. 29. No Vesting of Rights. Entering into this Agreement shall not be construed to vest Subdivider's rights with respect to any change in any zoning or building law or ordinance. 30. Approvals by City. Any approval or consent that is to be given by the City under this Agreement shall be in writing,and any approval or consent that is not in writing shall not be binding on the City. 9/20/06 787222A 11335.1 ITEM NUMBER: A- 3 DATE: 07/09/13 Exhibit A 31. Construction and Interpretation. It is agreed and acknowledged by Subdivider that the provisions of this Agreement have been arrived at through negotiation,and that Subdivider has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore,the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement. 32. Successors and Assigns--Covenant Running With the Land. This Agreement shall inure to the benefit of,and be binding upon,the successors and assigns of the respective parties. A memorandum of this Agreement in the form attached hereto shall be recorded in the Office of the Recorder of San Luis Obispo County concurrently with the final map or parcel map of the Subdivision. This Agreement shall constitute a covenant running with the land and an equitable servitude upon the real property within the Subdivision. 33. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction,the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties. 34. Actions. Any action by any party to this Agreement,or any action concerning a security furnished pursuant thereto,shall be brought in the appropriate court of competent jurisdiction within the County of San Luis Obispo,State of California,notwithstanding any other provision of law which may provide that such action may be brought in some other location. The law governing this Agreement is the law of the State of California. 35. Integration. This Agreement is an integrated agreement. It supersedes all prior negotiations,representations,or agreements,either written or oral. 36. Modification. This Agreement may be amended only by a written instrument signed by the parties. Subdivider shall bear all costs of amendments to this Agreement that are requested by the Subdivider. 9/20106 787222A 11335.1 ITEM NUMBER: A- 3 DATE: 07/09/13 Exhibit A IN WITNESS WHEREOF,the parties have executed this Agreement as follows: CITY OF ATASCADERO By: Wade G.McKinney,City Manager ATTEST: Marcia McClure Torgerson,City Clerk APPROVED AS TO FORM: Brian Pierik,City Attorney Burke,Williams&Sorensen,LLP SUBDIVIDER: Vista Dorada,LLC By: Presidio Advisory Group,LI,C,its Manager By: '1 Donald R.Faye,its Manager 9!2.0!06 797222A 11335.1 ITEM NUMBER: A- 3 DATE: 07/09/13 Exhibit A ACKNOWLEDGMENT State of California County of, San Diego ) On June 12,2013 before me, Claudia E.Wilson, notary public, _ (insert name and title of the officer) personally appeared Donald R. Faye who proved to me on the basis of satisfactory evidence to be the person()whose name(Pj is/gWe �. subscribed to the within instrument and acknowledged to me that he/s46/ttfey executed the same in his/hgf/thelr authorized capacity(ifirol),and that by his/lir/thefir signature(g)on the instrument the person(ra),or the entity upon behalf of which the person($)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. { - GLAtiI?IAEWYtScua � � _' N(AiAftV Fie6L',C-C,a1 SFA .- SAN SEGO CGd3N7Y f'' ' Signature �'t LY€ (seal) ITEM NUMBER: A- 3 DATE: 07/09/13 Exhibit A ATTACHMENT A Engineer's Estimate of Probable Cost rrrllde sjgrigroup DATE: Jan 29,2013 OB No.: 2D12D2D —(Ing envimnme is people enjoy" CB NM: La Teraza 11 Tract 252rPhase II 3765 South Higuera,'.Cuite 102 CALL BY:SHS San Luis Obispo,Ca_ K BY: SBWII Ph:8. 542.1 794 FW:[805).543.460 emal:www.n sntlesl ,can La Teraza if Opinion Of Probable Costs To Complete Im rovements Within R.O.W. CAT, ITEM I OUANT I UNIT ICOST-UNIT11 COST I DESCRIPTION EARTHWORK SIDEWALKIAPPROACH SLID R,ADES 1 15,16" 1 SF I 0 3Q ! . I $4,5491 ALLOWANCE Earthwork SulXotal: $4,546 T IMPROVEMENTS DRIVE APPROACH 8,285 SF 9.00 $29,385 ALLOWANCE EXTEND CURB DRAINS TO BSW 31 EA 90.00 $2,790 ALLOWANCE SIDEWALKS 11,600 SF 10.00 $116,000 ALLOWANCE HANDICAP RAMPS 300 SF 13.00 $3,900 ALLOWANCE AGGREGATE BASE 15,160 Sr 0.8 $13,199 ALLOWANCE 2'ASPHALT OVERLAY 94.799 S 1.95 $184,7291 ALLOWANCE _ ADJUST MANHOLES TO GRADE 21 EA 535.00 $11.235 ALLOWANCE ADJUST WATER VALVE TO GRADE 14 EA 350.00 $4,900 ALLOWANCE ADJUST WATER METER TO GRADE 74 EA 400.00 1$2900 ALLOWANCE STREETMONUMENTS 18 EA 700.00 ALLOWANCE FIRE HYDRANT MARKERS 6 EA 32.00 ALLSWtANCE LANSCAPEDAREAS 55,000 SF 2.00 ALLOWANCE STOP BARSIMARKINGS 300 SF 12 ALLOWANCE Improvements Subtotal: $518,896 EROSION CONTROLS FIBER ROLLS 4,000 LF 1.96 $7,840 ALLOWANCE GRAVEL BAGS 100 SF 3.00 $300 ALLOWANCE Eroslon Control Subtotal: $8,140 SUBTOTAL $531,584 CONTINGENCIESiINFLATICMACMINISTRATION f4(ff.of subtotal). $212,639 i GRANDTOTAL: $744,217 i NOTE:THE UNIT COSTS GIVEN ARE PER THE COUNTY OF SAN LUIS OBISPO'S APPROVED UNIT COST GUIDELINES THIS OPINION OF COSTS WAS PREPARED USING STANDAFD COST ANDIOe QUANTITY ESTIMATE PRACTICES.ITIS UNDERSTOOD AND AGREED THAT THIS IS AN ESTIMATE ONLY,AND THAT THE ENGINEER SHALL NOT DE LMLE TO THE OWNER OR TO P,THIRD PARTY FOR ANY FAILURE TO ACCURATE LY ESTIMATE THE COST ANIYOR QUANTIFIES FOR THE PRNECr,OR ANY PART THEREOF. 7872222 1133+.1 ITEM NUMBER: A-4 DATE: 07/09/13 19181 r'.IIh '9 Atascadero City Council Staff Report — Public Works Department Final Map 2006-0131 (Tract 2701) 6709 Atascadero Avenue (TTM 2004-0055) (Steve Nino) RECOMMENDATIONS: Council: 1. Adopt and Approve Final Map 2006-0131 (the "Subdivision" known as Tract 2701); and, 2. Reject, without prejudice to future acceptance on behalf of the public, the offer of dedication shown on the map for Public Utility Easements and authorize and direct the City Clerk to endorse the City Council's approval on the map. DISCUSSION: Tract 2701 creates 12 lots that vary in size from 2,100 to 3,700 square feet. Vesting Tentative Tract Map 2004-0055/Tract 2701 was approved by the City Council on February 22, 2005. The project sat for a number of years until a subsequent owner filed for a Vesting Tentative Tract Map reconsideration. The owner received reconsideration approval from the City of Atascadero Planning Commission on February 19, 2013. Pursuant to California Government Code Section 66440 the approving legislative body (City Council) cannot deny a final map that is consistent with an approved Vesting Tentative Tract Map. The legislative body is also required to accept, accept subject to improvement, or reject on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. City staff has determined that the Final Map is consistent with approved Vesting Tentative Tract Map. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Final Map 2004-0055, Boundary Map and Index Map (Tract 2701) ITEM NUMBER: A-4 DATE: 07/09/13 Exhibit A Final Map 2006-0131 (Tract 2701) 6709 Atascadero Avenue Steve Nino c jmp LL M o� RIP Ilk e= s B' d t 8 U % .gpyr Cyd a�� br, Q3a r� n by �� ^` °rr r �`0h�• w•�°'a* "%"'L rr f F� El 2q ITEM NUMBER: A-5 DATE: 07/09/13 i9i`s � � ia7e Atascadero City Council Staff Report — Public Works Department Final Map 2004-0070 (Parcel Map AT 03-108) 5516 Tunitas Avenue (VTPM 2003-0040) Fetyko RECOMMENDATIONS: Council: 1. Adopt and approve Final Map 2004-0070 (Parcel Map AT 03-108); and, 2. Authorize and direct the City Clerk to endorse the City Council's approval on the Map. DISCUSSION: Tentative Parcel Map 2003-0040 was approved by the City Council on February 28, 2003. The Tentative Parcel Map approved the division of a 28,716 square foot lot into four lots of 9210, 6066, 6532, and 6908 square feet. Staff has determined that the Parcel Map is in substantial conformance with approved Vesting Tentative Parcel Map. Pursuant to California Government Code Section 66474.1 the approving legislative body cannot deny a parcel map that is in substantial conformance with the previously approved tentative map. Also, Pursuant to California Government Code Section 66477.1(a), at the time the legislative body approves a parcel map, the legislative body shall also accept, subject to improvement, or reject any offer of dedication. On this parcel map, there are no proposed offers of dedication. FISCAL IMPACT: None ATTACHMENT: Exhibit A: Final Map 2004-0070 (Parcel Map AT 03-108) Sheet 3 ITEM NUMBER: A-5 DATE: 07/09/13 Exhibit A,Sheet 3 Final Map 2004-0070 (Parcel Map AT 03-108) 5516 Tunitas Avenue Andy Fetyko LU IU y4i5� F ��' 7-7f' S 7t.= 'ic' jk i Ry^��yEE spg ■ �1 �1 ■ `Y^J p Z tlFi R Fzn �'� �• FSSF � L45 - Iii [# [ [ [ G a t '��• �e�3:�339?35=9599.99959g53333g535?'"s3? s:gag3� 6 '�k sTY p' ■ • c n 2 a A - 0 m ar < � ` VE2/SdVW/9 x k F V—1 NJOlB .-��f k W _..-_•-- __ - -__-. - --- aaa aeosa�6"c 3AV SV1INni _ '3AV SV11Nf11 Irs �RMII� eKw IXEr.N.W aocN N-zl M sLw 18Y.M.IIN 7t rM ..l'N Li9.N.11X �" fC1 e� e k � s•.e r• t3.sr�iN�i� 4 Q�a.. ��<L . 6€ rtggs _15 s tines� 1 C S IIAo�AI� I1 n Co 7 b r CI=O a $r IV _ tag Nil i9A `! i x p �$ I V Jib e�9b ig Uj QiN,ttOw 1 mm�`� =NN�m�ll C.NY,.�.0 _ AM _ uw__ _ UN Nal- X.oi.txolil _—_— — hN N..oseN N-ao,eiortl rrc�n.ow�au _—_—_ -—-_ _tt•t�rstgelt _—_ 3AV oluvsoa •3AV olarsoa ------------- - - - - - - - - - J------------- ITEM NUMBER: C - 1 DATE: 07/09/13 I_n,f M yl 1918 1878 \ l`SCADF Atascadero City Council Staff Report — City Clerk Designation of Voting Delegate - League of California Cities' Annual Conference RECOMMENDATION: Council designate Mayor Pro Tem Sturtevant as voting delegate at the Annual Business Meeting of the League of California Cities' Annual Conference in September 2013, and direct the City Clerk to inform the League of the designation. DISCUSSION: This year's League of California Cities' Annual Conference is scheduled for Wednesday, September 18th through Friday, September 201h, in Sacramento. One very important aspect of the Annual Conference is the Annual Business Meeting when the membership takes action on conference resolutions. Annual Conference resolutions guide cities and the League in their efforts to improve the quality, responsiveness and vitality of local government in California. Each City Council is asked to designate a voting representative and an alternate who will be present at the Annual Business Meeting. League bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. Council Member Sturtevant will be attending the annual conference and would be available to serve as delegate. FISCAL IMPACT: None ITEM NUMBER: C - 2 ° DATE: 07/09/13 Iiiia 1a7i Atascadero City Council Staff Report — Public Works Department Stormwater Update (Guidance Document Submittal) RECOMMENDATION: Council receive the update on the City's efforts to develop and submit a Stormwater Guidance Document to the State and develop new drainage standards. REPORT IN BRIEF: City staff updated Council in May regarding the State's revised Municipal Stormwater Permit and the requirement for the City to submit a Stormwater Guidance Document. The Stormwater Guidance Document coordinates the City's existing Stormwater Management Plan and the recently adopted Municipal Stormwater Permit. Coordination is required since the revised Municipal Stormwater Permit replaces the City's existing Stormwater Management Plan and adds additional workload to City staff. This report provides an update of this additional workload. City staff submitted the Guidance Document on July 1, 2013, as required by the State Water Board. This staff report also provides an update of staff's efforts to draft revised city-wide drainage standards. DISCUSSION: Background: The State of California adopted a revised Municipal Stormwater Permit on February 5, 2013. The revised Municipal Stormwater permit applies to Cities with populations of 15,000 or more. The previous Municipal Stormwater Permit (Municipal Permit) required the City to develop a Stormwater Management Plan (SWMP) for approval by the Central Coast Water Board. The City's SWMP was approved by the Water Board in 2009. ITEM NUMBER: C - 2 DATE: 07/09/13 The City's current SWMP addresses six minimum control measures that the City must perform on an ongoing basis, namely: 1. Elimination of illegal discharges 2. Public education 3. Public participation 4. Construction controls — erosion, sedimentation, polluted discharge 5. Post construction measures — ongoing effectiveness and maintenance 6. Good housekeeping — street sweeping, spill prevention, storm drain cleaning. Each minimum control measure includes best management practices (best practices) for implementation. Best practices, when implemented, are designed to protect and enhance stormwater quality. Examples of best practices include Creek Cleanup Day, Creek Sampling Day and City Inspector erosion control training. The City tracks best practices implementation and reports the results to the Central Coast Water Board. Typical items reported include measurements such as tons of trash collected from Creek Cleanup Day and water quality results from Creek Sampling Day. The revised Municipal Permit includes best practices that are new, similar, or equivalent to those which are contained in the City's Stormwater Plan. Therefore, the State required the City to compare and contrast the revised Municipal Stormwater Permit with the SWMP. The deliverable is a "Guidance Document" that was submitted to the State on July 1 , 2013. The Guidance Document is discussed further in the Analysis Section. The revised Municipal Permit can be viewed or downloaded at: http://www.swrcb.ca.gov/water issues/programs/stormwater/docs/phsii20l2 5th/order final.pdf Joint Effort Drainage Requirements —The new drainage standards will fundamentally change the way drainage from development and redevelopment is handled. Currently most jurisdictions on the Central Coast require developed sites to discharge the amount of storm water that historically ran off the property in a 2-year or 10-year storm in its "undeveloped" condition, and holding back runoff during a 50-year or 100-year storm from the "developed" site. This typically resulted in the installation of a drainage detention basin with a single small outlet pipe that would quickly fill in a storm event and slowly drain out at a rate that conservatively matched the historic runoff rate of a smaller storm. The new drainage regulations will attempt to more closely mimic the historic and natural water cycle. This means that post development runoff will have to mimic predevelopment runoff in quantity. Projects will also no longer focus on runoff quantity issues alone. Runoff water quality as well as natural stormwater infiltration into the ground will be equally regulated. Staff is currently drafting the City's revised drainage standards. Staff's plan was to present the revised drainage standards to Council during the first meeting of August so ITEM NUMBER: C - 2 DATE: 07/09/13 the requirements could be implemented by September 6, 2013. However, the Central Coast Water Board has told City staff that the implementation date is being pushed back to March 6, 2014, essentially providing the City with six additional months to craft our revised drainage standards. It appears that Water Board staff decided to provide extra time to the Cities since the final requirements are being reconsidered at the July 2013 Water Board meeting. Staff anticipates evaluating the reconsidered requirements in August and will finish drafting the revised drainage standards by the end of September. Staff will then present the new drainage standards by the end of October for City Council Comment. Staff will address Council and the public's comments and return the drainage standards for final acceptance in November. The time extension will delay the implementation of the new standards on the public and on proposed development projects. Projects accepted as complete for processing prior to March 6, 2014, will avoid the additional costs involved with compliance. Analysis: Staff prepared and submitted the Guidance Document by the July 1, 2013 deadline. The Guidance Document shows where the new regulations and the previously approved SWMP agree, conflict or are silent. In the event the regulations conflicted or the City does not currently engage in the work, the City must implement the new requirements or provide new justification for not performing the work. In cases where the requirement is similar, the City has proposed to consolidate with or accept the new requirements. Consolidation typically means that the City will implement the revised permit requirement according to the City's Stormwater Permit time frames. The revised Stormwater Permit contains many new Best Practices that will increase the City stormwater workload. Staff has determined that the revised Municipal Permit requires the implementation of 29 additional Best Management Practices (Best Practices). The new Best Practices are contained in the following Minimum Control measures: Illicit Discharge Detection and Elimination, Construction Site Runoff Control, and the Pollution Prevention/Good Housekeeping. The new Best Practices with rough time and estimated cost estimates are included as Exhibit A. The new Best Practices include work such as yearly stormwater certification and reporting, water quality sampling at stormwater outfalls, developing written procedures for illegal discharge investigations, more frequent cleaning of storm drains, and yearly submission of a Program Effectiveness Assessment and Improvement Plan. Staff has estimated the amount of extra time and money that implementation of the 29 additional Best Practices will require. Recurring costs are estimated to be approximately $85,000 per year. Staff time is estimated to be approximately 470 hours extra per year. These costs are estimates for full and complete implementation. However, these cost and time estimates will be in better focus once staff has the opportunity to implement the new requirements. The bottom line is that the revised Municipal Permit will significantly increase staff workload since the requirements are expanded. ITEM NUMBER: C - 2 DATE: 07/09/13 City staff is now working on Municipal Stormwater Permit implementation. Staff's first task will be to assign the new Best Practices to the various City Department staffers that are responsible for similar SWMP tasks. In addition, staff will be evaluating which portions of the plan can be contracted out. Some of the tasks are regional in nature (education) and are the same in each municipality. Therefore, staff is looking for options for partnering to lower costs. Lastly, staff will be focusing on making sure that the new requirements are implemented in the most cost and time effective manner possible. This means reviewing work procedures to find out where requirements can be worked on simultaneously (i.e. storm drain cleaning, outfall sampling, and marking) or where staff already performs similar work. Staff will be conducting this work over the next six months. FISCAL IMPACT: Staff estimates that costs to fully implement the 29 new Best Practices could be as much as $100,000.00 over the next two years. The current budget includes $20,000.00 per year for stormwater compliance. Staff will incorporate as many of the Best Practices as possible into normal routine operations and maintenance activities to minimize program costs and conform to budgetary limitations as feasible. ALTERNATIVES: The City Council may provide staff direction or input regarding the Guidance Document or the City's stormwater program implementation. ATTACHMENTS: Exhibit A — Draft Guidance Document ITEM NUMBER: C -2 DATE: 07/09/13 Exhibit A New Best Management Practices O O O O O O 00 O U CD C o 0 0 9 o 0 0 0 00 O O 0 O O O O (f3 Co 613 0 I- 64 N N N UD 6q Efl ER Q Q1 O E U CO ^J O N O LO O 00 Co CO O L N � 'D O O O O O O O O C O O OCD O O O O Co in O O O O O O O O LO O O O� O O O O U N O O O N N N .r-- ti _ _ _ W x � V Cl) EtT tf? 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N 0 o O to cc co lie CO c ca 0- -E c N E N 0 CL E c co c N � E o � 0 � 0 O E z cn c m �:: c L Of O > O 0 O) O U W W i W of E Q �' J ED Q L L Z D O O Z C 0 (4 Q Q F- V � CO CO W W W W ITEM NUMBER: C - 3 DATE: 07/09/13 WAIF" `tri s' is�e'� PYfAS�ERo`/� Atascadero City Council Staff Report — City Manager's Office Strategic Planning 2013 Update on Council Goals RECOMMENDATIONS: Council: 1. Provide feedback or additional direction if necessary; and, 2. Receive and file this report on the progress being made relative to the City Council's six goals. DISCUSSION: As part of the City's annual strategic planning process, the City Council adopted goals on April 23, 2013. The goals adopted at the meeting were: 1. Promote the Atascadero Lake Park, Pavilion, Veterans Memorial and Zoo as an Event Center 2. Pursue more connection between the City Council and Community 3. Promote Common Sense Regulations and Reform 4. Promote Environmental Stewardship 5. Pursue Economic Development 6. Provide High Quality Public Safety Services This report provides an update on the progress being made to date. The action plans that are attached to this report highlight goals and values for each of the initiatives. The values were developed by the Council as the guiding principles for implementation. Progress on the goals is noted on each sheet. ITEM NUMBER: C - 3 DATE: 07/09/13 FISCAL IMPACT: There is no direct impact as a result of this report. The two-year budget is based on the goals developed through the strategic planning process and includes funding for these strategic planning goals. ATTACHMENTS: 1. Promote the Atascadero Lake Park, Pavilion, Veterans Memorial and Zoo as an Event Center 2. Pursue more connection between the City Council and Community 3. Promote Common Sense Regulations and Reform 4. Promote Environmental Stewardship 5. Pursue Economic Development 6. Provide High Quality Public Safety Services ITEM NUMBER: C - 3 DATE: 07/09/13 Promote the Atascadero Lake Park, Pavilion, Veterans Memorial and Zoo as an Event Center Action Plan 2013-15 Goals • Achieve re-accreditation of the Zoo • Increase marketing efforts of the Lake Park, Pavilion, Veterans Memorial and Zoo • Improve Condition of Facilities at the Lake Park, Pavilion, Veterans Memorial and Zoo • Increase parking capacity at the Lake Park complex • Create new infrastructure that increases the desirability of the Lake Park Complex to host quality events benefiting the entire community • Increase volunteer involvement and programs at the Lake Park Complex • Seek compatible land uses around the Lake Park Complex Values • Celebrate the Centennial • Build Capacity for the Future • Spend Time on Good Investments • Focus on Hot Spots • Leverage Resources • Move at a Quick Pace • Involve Partners Achieve re-Accreditation of the Zoo • Prepare the physical and infrastructure areas of the Zoo for upcoming inspection. ✓ Upgrading several areas, making them more energy efficient. ✓ Flamingos were moved to new and more visually appealing exhibit area at the front of the Zoo ✓ The roof over the lemur holding areas has been leaking and is being replaced. Skylights are being installed to provide a more natural experience for the lemurs. ✓ Working with the Zoo Society to obtain funding for reaccreditation projects, including the rebuilding of the lemur exhibit, a new wallaby exhibit, update of the hog exhibit, and other needed renovations. ITEM NUMBER: C - 3 DATE: 07/09/13 Increase Marketing and Media Exposure of the Pavilion, Lake Park and Zoo • Increase marketing presence on Google, Facebook and other internet sources for the Pavilion as an event center. ✓ Current and upcoming events at the Pavilion are being posted on Facebook and Visit Atascadero website. • Work with City marketing firm to establish effective marketing campaign. ✓ Staff is working with Mental Marketing on a marketing campaign. ✓ A new version of the Visit Atascadero website has been launched and traffic is up by 148%. ✓ The Visit Atascadero Facebook "likes"are currently at 891. ✓ Developed and promoted "June Wine Month"in Atascadero. • Increase the marketing of the Zoo. ✓ Staff is coordinating with Mental Marketing on a Zoo promotions video. • Investigate the opportunity for receptions at the Zoo. • Focus on unique aspects of the complex. Increase Parking Capacity at the Lake Park Complex • Construct the Zoo Green Parking Lot in 2013. ✓ The final plans for the parking lot are complete and currently out to bid. The construction award is scheduled for the August 13th City Council meeting. Construction is anticipated to begin in September and completed prior to October 15tH o Add 50 parking spaces at the Zoo frontage. ✓ The final design has added 53 parking spaces to the existing parking lot. The project also includes solar lighting, permeable paving, and passive water quality improving bio-swales. Improved Facilities and Infrastructure at the Lake Park Complex • Complete the Accreditation process for the Zoo. ✓ A number of projects have already been completed including the Flamingo Exhibit, removing the alligator pond, replacement of the Lemur Exhibit roof, perimeter fencing replacements, and general site clean-up. Many more projects are underway and in the planning/permitting stage. • Use CDBG Barrier Removal funds to make accessibility improvements to pathways and picnic facilities at the Lake Park. ✓ Environmental and design work is in progress. The planned project includes the installation of an ADA compliant pathway from the existing bridge near the Veteran's Memorial, across the edge of the existing parking lot, and replacement of the asphalt path to the Pavilion parking lot. ITEM NUMBER: C - 3 DATE: 07/09/13 The project will update the Park's ADA signage as required for the Bandstand Project, and also includes an ADA compliant picnic table and BBQ site (replacing existing non-compliant table and grounds). • Celebrate the completion of the Kiwanis Bandstand. ✓ The Bandstand project was completed by the Kiwanis and the opening concert was a success. The bandstand is now being used as the venue for the Summer Concerts in the Park series. • Implement water quality / aeration improvements to improve the clarity of, and environmental health of the Lake. ✓ The first phase of the fountain project has been designed and fountains have been ordered. Scheduled delivery is planned for mid-July. The fountains are planned to be installed by the end of July by Public Works Staff. It is anticipated water levels by August/September may limit the initial phase of the project to install the first two or three fountains. • Improve appearance and physical condition of Pavilion by expediting deferred maintenance work. ✓ The front exterior of the Pavilion has been painted and the pavers along the Lake front walk have been repaired; other projects are currently being planned. • Improve the condition of the Ranger House to increase popularity of the Pavilion as a wedding venue. ✓ The Ranger House remodel project is underway by Public Works staff. The kitchen has been demolished as well as the bathroom. Both are being enlarged to meet ADA compliance laws. The remodel will include new bathroom and kitchen fixtures, appliances, counters, a small air conditioning unit, wood flooring and new interior paint. • Focus volunteer efforts on needed visual improvements to the grounds and facilities. ✓ The Public Works staff continues to focus volunteer group efforts at the Lake Park. Recent volunteer projects have included weeding, mulching and painting of fencing and signage. • Modernize the irrigation system to improve landscape health and save water. • Review adequacy of current fee structure. ✓ Zoo fees are scheduled to be increased effective July 11, 2013. ITEM NUMBER: C - 3 DATE: 07/09/13 Pursue More Connection Between the City Council and Community Action Plan 2013-15 Goals • Value Community Engagement • Connect in new and different ways the Council to the Community • Provide a variety of opportunities for Community Members to participate in local government • Provide opportunities for Community Members to get information about local and regional programs and regulations Values • Celebrate the Centennial • Build Capacity for the Future • Spend Time on Good Investments • Focus on Hot Spots • Leverage Resources • Move at a Quick Pace • Involve Partners Community Outreach • City Council Members rotate in writing monthly "Council Corner" articles for the Atascadero News. ✓ These monthly articles will appear in the News on the first Friday of each month, and copies will be emailed to City staff. Upcoming due dates are: ■ August 2nd issue — Roberta Fonzi ■ September 6th issue — Bob Kelley ■ October 4th issue — Tom O'Malley ■ November 1st issue — Heather Moreno ■ December 6th issue — Brian Sturtevant • Continue to provide City Council meetings on KPRL, AM radio. (Ongoing) • Continue to provide live video of City Council meetings on Charter cable and over the internet. (Ongoing) ITEM NUMBER: C - 3 DATE: 07/09/13 • City Council Members participate in videoed interviews with Charter Connection. • Streamline PowerPoint presentations at City Council meetings for ease of viewing at the meeting, on television and the internet. ✓ Staff continues to fine tune the PowerPoint presentations for City Council meetings. • Improve production of press releases, sharing information about upcoming events and progress within the City. ✓ Staff is focusing on improvement of press releases. • Improve Audio Video infrastructure in the Historic City Hall ✓ The installation of a new audio visual system in the 4t" floor rotunda at historic City Hall is currently in progress. • Improve our Special Events Roadmap to include updated information. Atascadero Centennial • Participate with the Centennial Committee. ✓ Staff is attending meetings. • Brand City events as part of the Centennial ✓ All City special events this year are using the Centennial logo for branding. • Support Centennial Events ✓ Staff is supporting the Centennial Pageant and Poker Run. • Hold Centennial events including the Mayors Winemaker Dinner, Grand Opening of the Historic City Hall and reinstallation of the Wrestling Bacchantes. ✓ The Mayor's Winemaker Dinner was successfully held June 21St ✓ The Elegant Evening Event for Historic City Hall is planned for August 2nd ✓ The Grand Opening Celebration and Open House Event for Historic City Hall is planned for August 20tH ✓ The plans and permits for the reinstallation of the Bacchantes statue are in progress and the reinstallation is planned for September. Staff is attempting to find a contractor willing to donate the labor for the reinstallation, with the City purchasing needed materials. ITEM NUMBER: C - 3 DATE: 07/09/13 Promote Common Sense Regulations and Reform Action Plan 2013-15 Goals • Reduce the number of new regulations created • Encourage a common sense approach to needed regulations • Reduce local regulations where possible • Help the community know about and understand emerging regional regulations Values • Celebrate the Centennial • Build Capacity for the Future • Spend Time on Good Investments • Focus on Hot Spots • Leverage Resources • Move at a Quick Pace • Involve Partners Encourage County, State and Federal Governments to reduce regulations • Adopt a City Council Legislative Agenda • Utilize the City's Advocacy Consultant to Promote the City's Position • Participate with the League of California Cities o Participate on Department and Policy Committees o Participate in the Channel Counties Division o Attend League Events • Coordinate Advocacy Opportunities with the League's Regional Public Affairs Manager • Meet regularly with Elected Officials Common sense updates to City codes • Prepare zoning code update to eliminate unnecessary ordinances and regulations and minimize barriers and streamline the permitting of new businesses. ✓ Staff presented a Management Report to City Council at their June 11 rn meeting on proposed code updates to road improvement standards, septic ITEM NUMBER: C - 3 DATE: 07/09/13 system replacement rules, and second unit fees. With Council's direction staff will be bringing back revised Municipal Code text amendments to the Council later this year. • Prepare annual report to Council on the City's regulation reform efforts. • Process a Municipal Code Text Amendment related to Remote Caller Bingo. ✓ Up for adoption at the July 9, 2013 City Council meeting is an Ordinance amending the Municipal Code to allow Remote Caller Bingo in Atascadero. If adopted, the Ordinance will go into effect August 8, 2013. Adapt Regional Water Quality Control Board Storm Water and Septic Regulations to Fit Atascadero • Storm Water Regulations o Develop new engineering design standards that best fit Atascadero's needs, and fit business friendly strategy to extent possible ✓ The development of the new regulations and design standards is in progress, and will be brought back to City Council. The required Guidance Document has been completed in-house and submitted to the RWQCB and discussed tonight under separate report. o Minimize impact on potential redevelopment opportunities in the Downtown ✓ This is part of the storm water standards currently being developed by staff. Staff is incorporating exemptions to the extent possible, and offsite mitigation opportunities for alternative compliance. o Develop post-construction maintenance and monitoring strategies that are sustainable ✓ This is part of the storm water standards currently being developed by staff. Common sense post-construction maintenance activities and monitoring requirements are being minimized to the extent possible so that the new standards are meaningful and effective. • Onsite Waste Water Ordinance o Develop septic design standards that best fit Atascadero's unique physical setting and needs ✓ The draft Onsite Wastewater Management Plan has been completed and is currently being processed for approval with the RWQCB staff. The plan incorporates the historical design methods successfully used in the current Municipal Code, and minimizes post construction requirements for the City and the public. o Work with Mutual Water Company to demonstrate to the State the current level of groundwater protection that exists here already ✓ Testing and monitoring programs referenced in the proposed Onsite Wastewater Management Plan rely on water quality tests already conducted by the Water Company. ITEM NUMBER: C - 3 DATE: 07/09/13 o Ongoing monitoring and maintenance strategies should be reasonable and sustainable for the City and the public. ✓ Testing and monitoring programs referenced in the proposed Onsite Wastewater Management Plan rely on water quality tests already conducted by the Water Company. • Monitor development/implementation of new Regional Regulations o Remain active on a County and Statewide level to stay abreast of current trends in State regulations ■ Communicate with State Legislators ■ Membership in CASQA ✓ The City is a current member of CASQA as a Municipal Agency. ■ Continue association with Melissa Thorme, at Downy Brand Law Firm ✓ Ms. Thorme has testified in Sacramento at Water Resources Control Board hearings on behalf of the City, CASQA, and other municipalities fighting for common sense water resource regulations. ■ Active participation with other local agencies to communicate with the Regional Water Quality Control Board ✓ Staff continues to be actively involved in the Hydromodification Technical Advisory Committee, and interacts regularly with other agencies in the development of the storm water code amendments part of the new permitting regulations. ITEM NUMBER: C - 3 DATE: 07/09/13 Promote Environmental Stewardship Action Plan 2013-15 Goals • Promote and publicize the City's environmental stewardship goals and accomplishments • Find a balance point between environmental and economic development goals • Involve the public and volunteers in achieving the City's environmental goals Values • Focus on Good Investments with a proven track record • Economic Development can enhance the environment Leverage Resources • Preserve Rural character • Oak trees are the City's defining character element. • Involve Partners Promote and publicize the City's environmental stewardship accomplishments. • Create an Environmental Stewardship page on the website. • Prepare and update a report on accomplishments for the Website. Involve the public and volunteers in achieving the City's environmental goals • Continue Native Oak Tree planting program and seedling give-away. (Ongoing) • Encourage "Adopt-a-Facility" volunteer projects that have direct environmental improvement affects ✓ The Public Works Operations staff continues on-going work with volunteer groups to adopt the maintenance functions for City facilities, i.e. Downtown Duckies, and the annual Creek Clean-Up Day. • Provide public information regarding energy efficient programs and products. ITEM NUMBER: C - 3 DATE: 07/09/13 Balance environmental and economic development goals. • Promote the creation of open space preserves on Eagle Ranch. • Adopt a business friendly Climate Action Plan. • Continue to expedite the permitting of roof top photovoltaic systems. • Adopt business friendly stormwater discharge regulations. ✓ See storm water section of the "Adopt Common Sense Regulations" portion of this report. • Create opportunities for improved environmental services provided by solid waste vendors and recycling service providers. ✓ Solid Waste contract planning in-progress. Staff will update the City Council in the fall. ITEM NUMBER: C - 3 DATE: 07/09/13 Pursue Economic Development Action Plan 2013-15 Goals • Grow the local business economy • Expand the City's sales tax and transient occupancy tax base • Building partnerships and alliances with local business interests Values • Expanding local businesses helps the City and its residents • Secure revenue base • Focus on development Commercial Hot Spots • Leverage Resources by creating partnerships and good relationships • Move at a Quick Pace Grow the local business economy • Focus on the development of Council identified Commercial Hot Spots • Reduce planning services application fees Expand the City's sales tax and transient occupancy tax base. • Focus staff efforts and City resources on commercial hot spots • Identify a site for a regional destination RV park • Expedite the Walmart /Annex project ✓ The Save Atascadero lawsuit was successfully defended and the appeal period is currently awaiting a challenge from the plaintiffs. The interchange studies and roundabout design refinement is underway and Caltrans review is in progress. ITEM NUMBER: C - 3 DATE: 07/09/13 Build partnerships and alliances with local business interests. • Refocus and Expand the Office of Economic Development • Use SharePoint to coordinate inter-department efforts • Instill an entrepreneurial / can do attitude with staff ✓ The on-going efforts of the City's "Office of Economic Development Team" are good examples of this strategic plan goal in action. The group meets monthly to review opportunities and determine outreach activities. • Meet regularly with commercial brokers Maintain capacity in staff to support projects and permit streamlining. ✓ The Community Development Department recently completed a "Contract Plan Checking RFP" process as reported to City Council at their June 25th meeting. Public Works has also retained the services of a contract plan checker (Mike Bertecini) as approved by City Council as part of the storm water regulation development program. ✓ Similarly, interns have been hired and are being effectively utilized in both Community Development and Public Works. ITEM NUMBER: C - 3 DATE: 07/09/13 Provide High Quality Public Safety Services Action Plan 2013-15 Goals • Provide Excellent Customer Service • Further develop emergency preparedness capabilities • Develop and Maintain Partnerships • Provide measured high levels of service Values • Celebrate the Centennial • Build Capacity for the Future • Spend Time on Good Investments • Focus on Hot Spots • Leverage Resources • Move at a Quick Pace • Involve Partners Infrastructure • Modernize emergency radio communications capabilities for Police, Fire and Public Works. o Develop and implement a strategy for replacement of outdated radio communications network. ✓ This is in progress. The Police and Fire Department have participated in a demonstration for one of the three potential vendors. The second vendor demonstration should take place within the coming months. The funding for the system replacement has been identified and secured in the upcoming budget. o Apply for a Fire Act Grant to fund dispatch and radio replacement. ✓ In progress, application preparation is on-going; staff is consulting with a professional grant writer. o Improve current systems through updating of repeater systems. ✓ The voter repeater system was activated and is currently in use for the Police Department radio system. This was paid for out of SLESF funding. The same voter repeater system is in the design phase funded in the Fire Department's FY2013-2014 budget. ITEM NUMBER: C - 3 DATE: 07/09/13 o PD to replace dated handheld radios using SLESF funding. ✓ Sixteen new handheld radios have been purchased and are currently being programed for use. They will be issued to officers for use by July 1Sr • Work with Technology to stabilize computing and reporting systems. o Improve service to MDC terminals for Fire and Police vehicles. ✓ The Fire Department has deployed new, more stable MDC modems and has found significant improvements, in ease of use and efficiency. o Work with service provider to improve capabilities of the CAD system. ✓ The most recent update from EIS for the CAD system seems to have cleared up the majority of the service issues. The Police Department will continue to work with EIS to ensure that has resolved all remaining issues. Partnerships • Continue collaboration with community groups and partner agencies to provide high levels of service with limited available resources. o Work with local School District Officials to provide training and enhance response to critical incidents occurring on school grounds. ✓ Fire & Police staff and the City's Emergency Planning Coordinator met with the school to review and compare emergency plans, procedures and each other's responsibilities prior to, during and post emergency. o Police and Fire to partner with Lighthouse and other similar programs as response to drug abuse occurring within the community. ✓ Both Police and Fire Department personnel participated with the Lighthouse group to put on the "Reality Tour" demonstrating the dangers of drug use and abuse to our local area teens and their parents. The event was a success and will be repeated in the coming months. o Work with neighborhood residents to resolve neighborhood specific issues as the need arises. ✓ The Police Department service area coordinator program is continuing to successfully deal with neighborhood issues. • Cooperate on a regional level to develop responses to emergency incidents. o Training with local police agencies in Police response to active shooter incidents. ✓ The Police Department is currently coordinating with the San Luis Obispo Sheriff's Department who is hosting active shooter response training. ITEM NUMBER: C - 3 DATE: 07/09/13 o Work with County partners to develop protocols for Fire and Police response to active shooter incidents. ✓ County Fire Chiefs have developed and adopted a county-wide standard operations plan all fire agencies will use in a mass casualty incident. o Renegotiate & strengthen Fire Department Automatic Aid Contracts. ✓ Annually Auto Aid agreements are evaluated for effectiveness and equity; this year only minor changes were made to the fire departments agreements. Additionally, a new county-wide Operational Area Plan has been completed, known as the SLO Co Mutual Aid Plan. Atascadero Fire was a key player in the development of this new and expanded plan and participated for well over a year during its development. • Fire & Police Continued Support of the Lighthouse Initiative. o Provide Leadership & Direction. ✓ PD staff remains on the board of the Lighthouse program and continues to provide input and direction on behalf of the Police Department and FD staff remains very involved and provide leadership to their sections of Lighthouse. o Develop & Lead the mentorship program. ✓ Fire staff is developing a mentorship and peer guidance program within Lighthouse. o Assist with Fund Raising. ✓ Fire Staff is involved with fund raising efforts. Community Involvement • Ensure services to the community through collaborative and innovative project focus. o Full Implementation of the Police Service Area Coordination Program focusing on providing community policing model of service. ✓ The program has been fully implemented and is being used by residents on an ongoing basis to address community problems. o Institute a self-directed model for police and fire personnel to provide services within the community. ✓ The self-directed model has been defined and put in place. With current staffing levels this will be used sparingly but should increase when the current openings have been filled. • Emergency Planning for Business. o Develop a Business Continuity Plan & a Tool Box for local businesses to use during an emergency and recovery. ✓ This Plan is in the development stage. ITEM NUMBER: C - 3 DATE: 07/09/13 • New Fire Code Development and Adoption. ✓ Fire staff is leading this effort on behalf of the Fire Department which is expected to be completed in winter of 2013. • Continue Development of the Disaster Response Trailer (DRT). o Further Develop operational policies and procedures (Completed) o Develop use agreements with neighboring departments (Completed) o Expand the vehicles capabilities and communications system (Ongoing) Training • Emergency Preparedness Training o CERT training ✓ Completed second class February 2013. o CERT Team Development & Governance ✓ Ongoing and nearing completion. o Follow-up with a second offering of "Employee & Family Emergency Preparedness training." ✓ The 2013 class had 28 participants. A second class may be scheduled in winter of 2014. o Hold a Disaster Council Meeting (Fall 2013) o Provide a Table Top Disaster Drill and a Full EOC Activation Drill. ✓ To be scheduled December of 2013. • Continue development of Fire Department Performance Based Training Program. (Ongoing) • Schedule fire training with neighboring fire departments quarterly. (Ongoing) Focus on Core Services • Maintain a focus on problem areas within the community. o Reinstitute the Motor Officer Program and Patrol Based Motor Officer Position to focus on traffic safety concerns in the community. ✓ Both positions have been selected and the officers have received their training. The traffic unit is fully functional with both officers. o Develop and implement a Juvenile Services Detective Position to focus on juvenile crimes including gangs, graffiti and other associated issues. ✓ The position has been filled and the job description for the position has been fully articulated. • Monitor Response Standards and evaluate deployment model for performance ✓ Quarterly, staff reviews EMS calls for QI/QA (Quality Improvement/Quality Assurance) and annually Fire staff reviews all calls for service with a focus on response times, engine deployment and percentage of first due responses. ITEM NUMBER: C - 3 DATE: 07/09/13 • Continue to encourage high levels of customer service with employee groups in Police and Fire services. o Leverage of SLESF funding to provide line level officers with equipment to sustain and enhance current levels of service. ✓ All SLESF funds have been allocated and are in the process of being distributed. Funds for the police cadet and reserve officer programs have been allocated which should increase current service levels within the Department. • Respond to requests from within the community for specific enforcement issues. o Implementation of Aggressive Animal Ordinance ✓ The ordinance has been passed and implemented appropriately.