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HomeMy WebLinkAboutAgenda Packet 06/14/2005 tl CITY OF A TASCA DERO Isis ® 182'9 CITY COUNCIL AGENDA Tuesday, June 14, 2005 7:00 P.M. Atascadero Lake Pavilion 9315 Pismo St. Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: (Immediately Following Redevelopment Agency Meeting) • 1. PUBLIC COMMENT— CLOSED SESSION 2. CALL TO ORDER a) Conference with Labor Negotiator (Govt.Code Sec. 54957.6) Agency Negotiators: City Manager, Assistant City Manager Employee Organizations: Department Heads, Mid- Management/Professional, Confidential, Atascadero Police Association, Atascadero Fire Fighters Bargaining Unit, Service Employees Intl. Union Local 620. b) Conference with legal counsel — anticipated litigation — access to Stadium Park Significant exposure to litigation pursuant to Govt. Code Sec. 54956.9 (b). 3. ADJOURN 4. CLOSED SESSION REPORT REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Pacas 6 y ROLL CALL: Mayor Scalise Mayor Pro Tem O'Malley Council Member Clay Council Member Luna Council Member Pacas 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 five minutes. Please state your name and address for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council.) APPROVAL OF AGENDA: Roll Call 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.) PRESENTATIONS: • 1. Presentation of service plaque to former Planning Commissioner, Tim Peterson. 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.) 1. City Council Meeting Minutes — May 10, 2005 ■ City Clerk Recommendation: Council approve the City Council meeting minutes of May 10, 2005. [City Clerk] 2. Sewer Extension Reimbursement Agreements (Rossi/Candiff) ■ Fiscal Impact: The City will collect a 2% administrative charge from all reimbursements. This charge will be deducted from the total amount refunded. ■ Recommendation: Council authorize the City Manager to execute the two Sewer Extension Reimbursement Agreements with Mr. Rossi and Mr. Candiff. [Public Works] 2 3. Atascadero Lake Water Quality / Purchase of a Solar Powered Water Circulator ■ Fiscal Impact: Expenditure of $45,000.00 in previously allocated Parkland Facility Fees for this purchase. ■ Recommendation: Council authorize the City Manager to purchase a solar powered water circulator in the amount of $45,000.00 to help reduce the frequency and size of the algae blooms and fish die-offs at Atascadero Lake. [Public Works] 4. Community Development Block Grant (CDBG) Program / Fiscal Years 2006 - 2008 ■ Fiscal Impact: Continued availability of approximately $200,000 annually during the next 3 years for CDBG eligible programs. ■ Recommendation: Council adopt the attached Draft Resolution approving a cooperative agreement with the County of San Luis Obispo for participation in the Community Development Block Grant Program for Fiscal Years 2006 - 2008. [Public Works] • 5. Temporary Road Closure/ San Marcos Road ■ Fiscal Impact: None. ■ Recommendation: Council approve the request for the temporary closure of San Marcos Road. [Public Works] 6. Garcia Road Bridge Project Award (Bid 2005-0041 ■ Fiscal Impact: Engineer's Estimate is $999,854.38. ■ Recommendation: Council review staff report and authorize the City Manager to execute a contract with the successful lowest bidder on this project. [Public Works] 7. Final Map 2004-0089 (Tract 2562) 5680 Rosario (TTM 2003-0038) Madru a ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Accept Final Parcel Map 2004-0089 (Tract 2562); and, 2. Reject, without prejudice to future acceptance, the offer of dedication for Public Utility Easement; and, 3. Authorize City Manager to execute a Subdivision Improvement Agreement. [Public Works] • 3 8. Temporary City Hall Interior Improvement Project — Electrical, Plumbing and Mechanical (Bid No. 2005-011, 2005-012, 2005-013) ■ Fiscal Impact: $925,221.60. ■ Recommendations: Council: 1. Authorize the City Manager to execute a contract with Wysong Construction Company in the amount of $520,920.00 for the electrical interior improvements; and, 2. Authorize the City Manager to execute a contract with Wysong Construction Company in the amount of $109,200.00 for the plumbing interior improvements; and, 3. Authorize the City Manager to execute a contract with Santa Margarita Construction Corporation in the amount of $140,898.00 for the mechanical interior improvements; and, 4. Authorize the Director of Administrative Services to allocate $925,221 .60 toward the completion of the Interior Improvements Project. [Public Works] B. PUBLIC HEARINGS: 1. Downtown Parking and Business Improvement Area (FY 2005-2006) / Confirmation of Annual Assessment ■ Fiscal Impact: Downtown Parking and Business Improvement District revenue of approximately $10,500 for fiscal year 2005-2006. • ■ Recommendation: Council adopt the Draft Resolution confirming annual assessment for Downtown Parking & Business Improvement Area (Fiscal Year 2005-2006). [City Manager] 2. Title 8 Building Regulations Update / 2004 California Electrical Code Adoption with Minor Modifications ■ Fiscal Impact: None. ■ Recommendation: Council introduce for first reading, by title only, Draft Ordinance A, approving amendments to Title 8 of the Atascadero Municipal Code pertaining to Building Regulations. This action would adopt the latest Electrical Code, modify requirements in high fire hazard construction, clarify soils requirements and provide minor clean up language. [Community Development] 3. Placing Sewer Service Charges on the 2005-06 Property Tax Rolls ■ Fiscal Impact: The City will bill $1,558,301.20 in sanitation service charges for Fiscal Year 2005-06. ■ Recommendation: Council adopt the Draft Resolution adding service charges to the 2005-06 property tax rolls. [Public Works] • 4 C. MANAGEMENT: 1. Local Road Improvement Loan Program ■ Fiscal Impact: The City will deposit up to $500,000 to secure loans for road improvements. Interest on the deposit will be based on the prevailing rate for 10-year certificates of deposit and will be paid semi-annually. There is a slight financial risk if residents enrolled in the program default on their loans. ■ Recommendations: Council: 1. Direct staff to move forward with the Local Road Improvement Loan Program and authorize the City Manager to enter into a two-year agreement with Santa Lucia Bank instituting the program and to sign all other financial agreements required for the program; and, 2. Authorize the Administrative Services Director to deposit up to $500,000 in the form of negotiated certificates of deposit to be used as collateral for the loan program. [City Manager] 2. Community Survey on Local Taxes and Assessments ■ Fiscal Impact: $10,000.00 initially with a potential $45,000.00 additional cost. ■ Recommendations: Council: 1. Direct staff to research levels of support through community polling for an increase in the local sales tax rate; and, • 2. Appropriate $10,000 from the General Fund Reserve, to hire the Lew Edwards Group, a public opinion and research consulting firm, to assist in identifying key issues, problems, and opportunities unique to the City and to evaluate survey results for levels of support and voter trends. [City Manager] 3. SMARA Compliance Report 2005/ Millhollin Mine (CUP 96003) ■ Fiscal Impact: None. ■ Recommendations: Council: + 1. Direct staff to prepare and execute a formal agreement that would allow stockpiling of materials in the southern portion of Phase 2; and, 2. Request the operator provide an updated restoration cost estimate for staff's review. Upon staff's approval of the estimate, a new financial assurance bond would be required to be posted. [Community Development] 4. Inclusionary Housing Policy/ Discussion of Program Options ■ Fiscal Impact: None. ■ Recommendations: Council provide staff with direction on how to proceed with potential modifications to the City's inclusionary housing program. [Community Development] 5 D. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor Scalise 1. County Mayor's Round Table 2. Atascadero State Hospital Advisory Board 3. Local Agency Formation Commissions (LAFCO) Mayor Pro Tem O'Malley 1. Finance Committee 2. Air Pollution Control District (APCD) 3. Economic Vitality Corporation, Board of Directors (EVC) 4. League of California Cities — Grassroots Network 5. City/ Schools Committee 6. Economic Opportunity Commission (EOC) Council Member Clay 1. S.L.O. County Flood Control & Water Conservation District Water Resources Advisory Committee 2. Nacimiento Water Purveyors Contract Technical Advisory Group 3. North County Water Purveyors Group Council Member Luna • 1. SLO Council of Governments (SLOCOG) / S.L.O. Regional Transit Authority (SLORTA) 2. Finance Committee Council Member Pacas 1. Integrated Waste Management Authority (IWMA) 2. City/ Schools Committee 3. Atascadero Youth Task Force E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURNMENT: 6 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, Shannon Sims, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the June 14, 2005 Regular Session of the Atascadero City Council was posted on June 7, 2005 at the Atascadero City Hall Annex, 6905 EI Camino Real, Suite 6, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 7th day of June, 2005 at Atascadero, California. Smmn% 3��— Shannon Sims, Deputy City Clerk City of Atascadero • 6 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the Atascadero Pavilion on the Lake, 9315 Pismo St., Atascadero. Matters are considered by the Council in the order of the printed Agenda. ` Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall Annex business hours at the Central Receptionist counter 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) 461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS 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 podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Mayor • Give your name and address (not required) • Make your statement • All comments should be made to the Mayor and Council • No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present • All comments limited to 5 minutes (unless changed by the Council) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). TO HAVE ITEMS PLACED ON AGENDA All business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to the City Manager's office in City Hall prior to the deadline. 8 ITEM NUMBER: A- 1 DATE: 06/14/05 A �A iA iaCITY OF A TA SCA DERO ia � i 7s e CITY COUNCIL DRAFT MINUTES Tuesday, May 10, 2005 7:00 P.M. CLOSED SESSION: 6:35 p.m. 1. PUBLIC COMMENT— CLOSED SESSION - None 2. CALL TO ORDER a) Conference with Labor Negotiator (Govt. Code Sec. 54957.6) Agency Negotiators: City Manager, Assistant City Manager Employee Organizations: Department Heads, Mid- Management/Professional, Confidential, Atascadero Police Association, Atascadero Fire Fighters Bargaining Unit, Service Employees Intl. Union Local 620. b) Conference with legal counsel (Govt. Code Sec. 54956.9 (b) ) Significant exposure to litigation — one potential case. 3. ADJOURN: 7:13 p.m. 4. CLOSED SESSION REPORT City Attorney Patrick Enright announced that the City Council gave further direction to the labor negotiator and no reportable action was taken on Item # 2.b). REGULAR SESSION: 7:00 P.M. Mayor Scalise called the meeting to order at 7:15 p.m. and Council Member Clay led the Pledge of Allegiance. CC Draft Minutes 05/10/05 Page 1 of 9 9 ROLL CALL: Present: Council Members Clay, Luna, Pacas, O'Malley and Mayor Scalise Absent: None Others Present: City Clerk, f Assistant to City Manager Marcia McClure Torgerson and Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Administrative Services Director Rachelle Rickard, Community Services Director Brady Cherry, Public Works Director Steve Kahn, Community Development Director Warren Frace, Police Chief John Couch, Deputy Executive Director of Redevelopment Marty Tracy, Deputy Public Works Director Geoff English and City Attorney Patrick Enright. COMMUNITY FORUM: Raymond Jansen spoke about citizenship and the importance of all citizens becoming acquainted with what government is doing in their name. Joanne Main, Chamber of Commerce, announced that the annual Tuesday Evening in the Park barbecues will start June 14 . and this year a season ticket will be available at the Chamber Office and at the June 14th barbecue. Eric Greening announced that there will be a second round of TEA grants and one of the projects that may be eligible would be the Anza trail connection between Atascadero and Templeton. Zonk Thompson expressed his concern with the Parks and Recreation Department's application process for use of city playing fields. Barbie Butz invited everyone to Children's Day in the Park on May 21s' from 10:00 to 2:00 p.m. Joan O'Keefe announced that the Atascadero Native Tree Association would be participating in Children's Day in the Park. She asked about rumors that the Atascadero City Hall building might be sold to a private owner. City Manager Wade McKinney stated that no Council or staff member has spoken to him about selling the Veterans Memorial Building. Katrin Colamarino, Executive Director of the San Luis Obispo County Arts Council, stated one of her missions is to help the north.county be in the forefront of art. CC Draft Minutes 05/10/05 Page 2 of 9 10 Bill Artfel thanked the city staff for the new stop signs and speed limit signs on Traffic Way. Mayor Scalise closed the Community Forum period. APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Council Member Pacas to approve the agenda. Motion passed 5:0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Pacas asked for clarification about an application for a second unit within the amnesty program (Exhibit A) in which the Fire Department is requesting a sprinkler system. It is her understanding that Council intended this requirement to be for new construction. There was Council consensus to bring this back before the City Council if this is the way staff thought this should be done. Council Member Clay pointed out that there is a need for a youth football field in Atascadero. PRESENTATIONS: 1. Proclamation declaring May 15, 2005 "Police Memorial Day" and the week of May 15th — 21 st as "National Police Week". Mayor Pro Tem O'Malley read the proclamation and presented it to Police Chief John Couch. 2. Presentation of service plaque to former Parks and Recreation Commissioner, Gail Kudlac. Mayor Scalise presented the service plaque to Gail Kudlac and spoke about her accomplishments. Ms. Kudlac thanked everyone for the recognition. 3. Damage Assessment . Report for City Hall presented by Phieffer Associates. Stephanie Kingsmore, project architect for the City Hall repair renovation project, and Brent Nuttle, structural engineer, gave the report and answered questions of Council. CC Draft Minutes 05/10/05 Page 3 of 9 11 PUBLIC COMMENT Eric Greening questioned if there is any possibility of beginning the negotiations from a point of piles going onto bedrock being necessary for the security of the building. Ms. Kingsmore stated that this is what they are proposing. Mayor Scalise closed the Public Comment period. A. CONSENT CALENDAR: 1. City Council Meeting Minutes - March 22, 2005 ■ City Clerk Recommendation: Council approve the City Council minutes of March 22, 2005. [City Clerk] 2. City Council Meeting Minutes— April 12, 2005 ■ City Clerk Recommendation: Council approve the City Council minutes of April 12, 2005. [City Clerk] 3. Pavilion on the Lake Caterer Approval ■ Fiscal Impact: Revenue of $150/month rental fee, 16% of gross receipts for gall on-site cafe &catering sales and 8% of gross receipts for all off-site catering sales. ■ Recommendation:. Council. approve a three-year contract with Pacifica Harvest Catering, effective May 11, 2005 through June 30, 2008, for the Pavilion caterer & cafe. [Community Services] 4. City Inspection Services ■ Fiscal Impact: None. ■ Recommendation: Council authorize the City Manager to enter into ongoing contracts for contract inspection services with firms on the "Inspection Services Qualified Firm List." [Public Works] 5. Atascadero Creek— Sanitary Sewer Inverted Siphon Replacement ■ Fiscal Impact: $408,700.00, wastewater fund. ■ Recommendations: Council: 1. Authorize the Administrative Services Director to transfer $133,292 from the Wastewater Fund to the Public Works Department, Wastewater Division Capital Outlay Fund for the Atascadero Creek Sanitary Sewer Inverted Siphon Replacement project; and, 2. Authorize the City Manager to execute a contract with MGE Underground for $268,706 to construct the Atascadero Creek — Sanitary Sewer Inverted Siphon; and, 3. Authorize the City Manager to execute a change order for $26,871 to CC Draft Minutes 05/10/05 Page 4 of 9 12 expand the existing contract with Cannon Associates for engineering support services for the Atascadero Creek — Sanitary Sewer Inverted Siphon Replacement project. [Public Works] MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Clay to approve Items #A-1, 2, 3, 4 and 5. Motion passed 5:0 by a roll-call vote. (Item #A-3 Contract No. 2065-011, Item #A-5 Contract No. 2005-012) B. PUBLIC HEARINGS: 1. Planned Development 15 Text Amendment: Zone Change 2005-0096 (City of Atascadero) ■ Fiscal Impact: The proposed zone text amendment will be revenue neutral to the City. ■ Recommendation: Planning Commission Recommends: Council introduce for first reading, by title only, draft Ordinance A approving Zone Text Change 2005-0096 based on findings. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council PUBLIC COMMENT Ann Fletcher, Seperado Avenue resident, stated she was against allowing access for lot 30 from Seperado. Linda Wargo, Seperado Avenue resident, asked how the tree mitigation would work for this lot. Director Frace explained the tree mitigation for this site. Fred Dyste, Seperado Avenue resident, thanked staff and Council for seeing this through and expressed concern with further access onto Seperado for secondary units. Director Frace stated that access for second units would not be possible. Mayor Scalise closed the Public Comment period. MOTION: By Council Member Luna and seconded by Council Member Clay to introduce for first reading, by title only, draft Ordinance A approving Zone Text Change 2005-0096 based on findings. Motion passed 5:0 by a roll-call vote. Mayor Scalise recessed the hearing at 8:30 p.m. CC Draft Minutes 05/10/05 Page 5 of 9 13 Mayor Scalise called the meeting back to order at 8:37 p.m. C. MANAGEMENT REPORTS: 1. Sunken Gardens Improvement Project ■ Fiscal Impact: $1,238,940.00, Community Redevelopment Agency bond proceeds. Recommendations: Parks and Recreation Commission recommends: Council approve the Sunken Gardens Improvement Project, deleting the diagonal walking paths and moving the Wood Nymphs from the Sunken Gardens until they can be repaired, or build a shelter to protect them from the elements. City Staff recommends: Council approve final design elements for the Sunken Gardens Improvement Project and approve staff calling for bids. (This approval would include the diagonal paths and provide for on site protection of the Wood Nymphs during construction). [Public Works Department] Public Works Director Steve Kahn and Community Development Director Warren Frace gave the staff report and answered questions of Council. PUBLIC COMMENT Joan O'Keefe spoke'about the lack of public input for this project and reviewed Council agendas for the last year-and-a-half on which this item was placed. Katrin Colamarino expressed the SLO County Art Council's support for the City of Atascadero and its citizens in the restoration and protection of the Nymphs because of their historic value. Eric Greening spoke of the importance of first preparing a master plan for the Sunken Gardens and raised the issue of potential damage to the Maidens with this design from heavy equipment and the weather. Colby Dixon introduced Atascadero High School Students Nick Tringo, Patty Shelly and Shawn Summerville and stated that many students use the Sunken Gardens space because they can walk to it. They stated their concerns that the proposed internal sidewalks will cut down on the space available for recreational use. Steve Martin, Atascadero Main Street, reviewed Main Street's involvement in the Sunken Gardens improvement process and stated their board supports the plan with the diagonal walkways. CC Draft Minutes 05/10/05 Page 6 of 9 14 Larry Putnam commended Council and staff for bringing this vision forward and stated it is • important to stay with it. . Cheryl Machado, Atascadero Main Street Board, encouraged Council to vote in favor of this plan with the pedestrian walkways. Tricia Williams, business owner in the Main Street district, stated her support for the original plan including the diagonal walkways. Lon Allen stated his support for the plans to improve the sunken gardens, feels there has been good public input, and would like to see this get done. Bob Wilkins, downtown business owner, expressed his support for this project and felt it will be an enhancement to the downtown. Joanne Main, Chamber of Commerce, stated that public input has appeared to support retention of the diagonal walkways, and that the Chamber has discussed this project and is in support of it. Mary Chastain, Chamber of Commerce, expressed her support for the project and stated that the Sunken Gardens were never meant to be a sports arena. Maria Hooper stated she sees lots of people using the Sunken Gardens, that it is not necessary to improve it with sidewalks, etc., and that the money could be better spent elsewhere. Julie Bennett stated she supports the diagonal walkways as they will encourage more foot traffic. Barbie Butz, Parks and Recreation Commissioner, explained that their recommendation came as a result of their concern about the cost of installing and maintaining the diagonal walkways, and the protection of the Maidens. Joan O'Keefe continued to speak regarding public input, the Parks and Recreation Commission's recommendation and of her concern that a completed plan is all the public has ever seen. Nick Tringo stated he represents Atascadero youth and that they do not.want to attack the entire plan, but are concerned that the diagonal pathways will detract from the main function of the Sunken Gardens which is community recreation. Eric Greening spoke about the difficulties that may result from relocating youth activities from the park, and questioned what physical steps would be taken to protect the Maidens during construction. Mayor Scalise closed the Public Comment period. CC Draft Minutes 05/10/05 Page 7 of 9 15 Council Member Clay commented that the diagonal sidewalks have been spread wide enough apart that the center section can still be used for activities. In addition he thought , that there had been plenty of public comment. Council Member Luna stated he could not support the interior walkways as they are expensive, and he expressed disappointment that the Maidens will not be restored given the amount of money that is being spent. He would like the fountain to be fixed and made functional. Council Member Pacas stated she couldn't support the walkways through the middle, and would rather the money be used for the Maidens. She expressed concern that this plan will take away something from the youth of the community. Mayor Pro Tem O'Malley stated there have been efforts made to preserve the maidens, and he sees this as a balanced investment meeting the needs of the entire community. MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Clay to approve final design elements for the Sunken Gardens Improvement Project and approve staff calling for bids. (This approval would include the diagonal paths and provide for on site protection of the Wood Nymphs during construction). Motion passed 3:2 by a roll-call vote. (Luna, Pacas opposed) D. COMMITTEE & LIAISON REPORTS: Mayor Pro Tem O'Malley 1. Finance Committee: Has been meeting and reviewing the contract with the City Attorney and have recommended that the Committee continue to meet with the City Attorney on quarterly basis. They also recommended going ahead with a special project to help resolve preliminary questions about Colony Roads. 2. Air Pollution Control District (APCD): May is "Clean Air Month." 3. Economic Vitality Corporation, Board of Directors (EVC): Annual event will be held on May 27th at the Embassy Suites. 4. League of California Cities - Grassroots Network: Represented the city in Ojai and heard disturbing news on the state budget. Atascadero was recognized for its work with inclusionary housing; Council Member Pacas 1. Integrated Waste Management Authority (IWMA): Meets tomorrow at 12:30 p.m., Cold Canyon Landfill. Council Member Luna will be honored as a past member. CC Draft Minutes 05/10/05 Page 8 of 9 16 E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Manager City Manager Wade McKinney reported on the Highway 41 interchange project. F. ADJOURNMENT: Mayor Scalise adjourned the meeting at 10:04 p.m. to the next regularly scheduled meeting of the City Council on May 24, 2005. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Deputy City Clerk • The following exhibit is available for review in the City Clerk's office. Exhibit A—Second Unit Amnesty Permit CC Draft Minutes 05/10/05 Page 9 of 9 17 ITEM NUMBER: A-2 DATE: 06/14/05 .p, ■nnm Isis a ie�e A�1SCAD�/ ' Atascadero City Council Staff Report - Public Works Department Sewer Extension Reimbursement Agreements RECOMMENDATION: Council authorize the City Manager to execute the two Sewer Extension Reimbursement Agreements with Mr. Rossi and Mr. Candiff. DISCUSSION: In conjunction with the development of their property, Mr. Rossi and Mr. Candiff extended the public sewer on Linda Vista and Seperado Avenues. In doing so, sewer access was provided to other properties. Atascadero Municipal Code allows application for reimbursement from future sewer connections to these extensions as indicated by the following: 7-5.002 Reimbursement when. The City may approve a reimbursement agreement with persons who have paid for public sewer extensions. Application for reimbursement must be submitted within six (6) months of acceptance of sewer extension. Said agreements shall provide for reimbursement of the excess cost borne by said persons, at such time within fifteen (15) years as money is paid to the City for service from said sewer extension. The City shall require the applicant to file and have approved by the City Engineer a reimbursement map showing the method and amount of cost spread to each future connection to the sewer extension. (Ord. 438 § 2 (part), 2004) FISCAL IMPACT: The City will collect a 2% administrative charge from all reimbursements. This charge will be deducted from the total amount refunded. 18 ITEM NUMBER: A-3 DATE: 06/14/05 >� ieis a 1979 \ iii Atascadero City Council Staff Report - Public Works Department Atascadero Lake Water Quality Purchase of a Solar Powered Water Circulator RECOMMENDATION: Council authorize the City Manager to purchase a solar powered-water circulator in the amount of $45,000.00 to help reduce the frequency and size of the algae blooms and fish die-offs at Atascadero Lake. • DISCUSSION: Background: Over the years, Atascadero Lake has experienced multiple incidents of algae blooms and fish die-offs. These incidents occur primarily in the hot summer months and are a result of inherent conditions that exist in Atascadero Lake. The conditions relate primarily to the fact that Atascadero Lake, for most of the year has no inflow or outflow. Atascadero Lake does not have enough year-around water circulation to prevent these periodic algae blooms and fish die-offs. In an effort to minimize the number of algae blooms and fish die-offs, City staff has previously completed projects and implemented practices to better manage water quality in Atascadero Lake. Some of those efforts include: 1. Atascadero Creek Fill-pipe repairs/ enhancements 2. Installation of two lake-side wells for additional water sources. 3. Acquisition of the Ag well from the Yellow Rose Ranch as an additional water source. 4. Periodic chemical applications to help control algae blooms. 5. Annual domestic waterfowl removal and relocation efforts. 6. Sediment removal at times of low water levels. 7. Implementation of a routine water testing program to monitor water quality conditions. • Additional water quality enhancement projects will be completed, as funding permits. In particular, efforts will be made to provide additional water circulation. One such project currently proposed by Staff is the purchase and installation of a solar-powered water circulator. 19 Analysis: A feasibility study was completed on Atascadero Lake in 1987 and one of the findings was that the late season algae blooms and fish die-offs are a result of a lack of dissolved oxygen (DO). The study also states that maintaining higher levels of dissolved oxygen in the lake water will help prevent future late season algae blooms and fish die-offs. (Copies of the 1987 feasibility study are available for review on request.) City staff identified a low-cost alternative in the form of a solar-powered water circulator, the SolarBee. This solar-powered water circulator will provide many of the benefits of a permanent aeration system without the annual operational costs. The SolarBee is designed for improving water quality in bodies of water. It is a floating solar-powered circulator that draws up to 10,000 gallons per minute from below the machine and spreads it across the top of the lake in a near-laminar-flow manner for long distance coverage and continuous surface renewal. The SolarBee's mixing action greatly accelerates the biological and chemical processes that clean up wastewater, freshwater, and potable water. The SolarBee will be anchored at a deep point of the lake and has three solar panels that will be exposed above the water surface. A promotional flyer for the SolarBee is attached. (Attachment 1) Permanent aeration systems to artificially maintain higher DO levels are costly and require significant annual operations and maintenance costs. Another alternative, floating spray fountains have also been considered. Spray fountains do not provide the near-laminar-flow manner necessary to*address the need for better DO distribution. A brief comparison of options for Dissolved Oxygen distribution is attached. (Attachment 2) On Thursday, April 21, 2005, the proposal to purchase a solar-powered water circulator was discussed at the Atascadero Parks and Recreation Commission meeting. All residents living adjacent to Atascadero Lake were notified in advance and notices about the meeting were posted at various locations around the lake. At the Parks and Recreation Commission, there was general support from the public and Commission, however concerns were expressed about the visual impact of the above-water solar panels, recommendations from other users and the potential for vandalism by boaters. Staff has contacted the manufacturer, who will provide a lower profile version to reduce the potential negative visual impact. The manufacture will also provide small buoys and signage discouraging contact by boaters. In addition, the solar panels are made of a durable plastic material that will be vandal resistant. Finally, staff has contacted representatives of three agencies that maintain and operate lakes with an installed Solar Bee. Contacts at all three agencies reported positive results from the Solar Bee and none reported any problems with maintenance or services levels. Conclusion: The purchase and installation of the solar-powered water circulator is the next phase of an on-going water enhancement project. Future projects may include, but not be limited the planting of submergent and emergent plants and continued efforts to provide alternate water sources and relocate domesticated waterfowl. 20 Staff requests that the City Council authorize the City Manager to purchase a solar powered water circulator to help reduce the frequency and size of the algae blooms and fish die-offs at Atascadero Lake. FISCAL IMPACT: Authorization of this request will result in the expenditure of $45,000.00 in previously allocated Parkland Facility Fees for this purchase. ATTACHMENTS: 1 . SolarBee promotional brochure 2. Comparison sheet for DO distribution options 21 NEW-The new 02 units now operate 24 hrs/day totally on solar power!! For more details go to our website:www.solarbee.com/models.shtml 4iVservoir and Pond Circulators SOLARBEE SB10000 "Cleaner Water at Less Cost" Description Features The SolarBee SB10000 is a floating so- • Solar powered for no energy costs. Operates sunup to lar-powered pond and reservoir circulator sundown 365 days per year. constructed of stainless steel and corrosion • Shore power option allows 24 hrs/day operation which resistant polymers.The 16'diameter machine costs approximately $10.00/month for electricity. draws up to 10,000 gallons per minute from • Simple installation, no contractor required. below and spreads it gently across the top of • Two year parts and labor warranty. the pond for continuous surface renewal. The • Low maintenance, long life, stainless steel construction. SB10000's mixing action greatly accelerates • Can be purchased outright, or on a lease purchase or the biological and solar processes that clean on a rent-to-own basis. up wastewater and freshwater. The SolarBee Can Solve These Problems: in Wastewater in Fresh Water • High Aeration Energy Costs • Algae Blooms • Odor Events and Overloading • Taste and Odor in Drinking Water • ischarge Permit Problems • Fish Kills OD, TSS, and Algae Problems • Odors High Ammonia (N) and Phosphorus (P) • Excessive Vegetation High pH, Low DO • Appearance • Excessive Sludge Buildup • Eutrophication • Short Circuiting and Stratification • Optional Buoy Marker Lights for Boat Traffic - e . BasicOperation surface aeration increases Near laminar flow reaches dramatically as the surface up to 50 acres or more per is renewed at flows up to machine. The SolarBee's high 10,000gpm. flow mixing action ac- celerates the normal HoNional Nlixin� g . purification process Primary in the pond through flow gentle, thorough Larger Aerobic Zone Both horizontal and vertical circulation patterns are mixing and surface createdfor Improved Vertical re-aeration. Mixing distribution of oxygen, algae,bacteria,and nutrients. ® Horizontal Mixing rc- Manufactured By: PUMP SYSTEMS, INC., 530 25th Ave. E., P.O. Box 1940, Dickinson, ND 58601 Ph (701) 225-4494 Fax (701) 225-0002 Ph (866)437-8076 www.pumpsystems.com www.solarbee.com 10000082504 ©PUMP SYSTEMS,INC.,2004 22 U) c cd O U RS O �- cd O N Q CD V N N > V) +. N C +- N C U) m U Q. U . N cd N C CTJ O C -p •+- czO U O i C O O Q' O cz Q) ai o p cis cn E O O fl E cn � � � U cn �' � � � o a� E Q I1 0 Y � J aS U J cn -0 D V x x coO O O) 0 0)( n Q. E o f E O O �• Q O 0 0 0 zt= �p 0 0 0CL Lo cz CL Lr) C13 Q i 0 E ao oo O N o x o � o 0 x C � o 0 c o - - Q- L � C- -,2 O LO Q CO ON Co � oT ` CO � 69 CL Cid I { �Q >, L iUcz C N CN QO O C x - O O x . O E UO CL �to N OUX OO _ U 3 o Q. c� E 3 (n o a c �i Q CD Q.. CZ O IL .O O O C O E O L U N ' O O N W c>s N O . caQ N O O � cLf ++ Q O C) }' O O U , W 4- U OU 0 0 cn p O C LO O N N r LC) m cz cz L C13 .00 II C — '+- w O U) O Q. U) 00 �cicz d .i U a O U i- L 00 0 i U i U O O 6c.� °U,) a � wH a 64 C O m Q o 0 � 0 Cl F- o o ° � Cid p Q UL U 23 ITEM NUMBER: A-4 DATE: 06/14/05 iais � is�e Atascadero City Council Staff Report - Public Works Department Community Development Block Grant Program Fiscal Years 2006 - 2008 RECOMMENDATION: Council adopt the attached Draft Resolution approving a cooperative agreement with the County of San Luis Obispo for participation in the Community Development Block Grant Program for Fiscal Years 2006 - 2008. DISCUSSION: Background: Beginning with the 1 4 g g g 99 /95 fiscal year, the City of Atascadero has participated with the County of San Luis Obispo and other cities as part of the "urban county" Community Development Block Grant (CDBG) program. Urban counties receive annual, formula-based grants directly from the federal department of Housing and Urban Development (HUD) under the CDBG, HOME Investment Partnerships (HOME) and the Emergency Shelter Grants (ESG) programs. Cooperative agreements between the participating jurisdictions established a formula allocating CDBG funds by jurisdiction. The HOME and ESG funds were not formally divided up, but the cities provided recommendations to the county on these programs. On April 22, 2005 the County, pursuant to HUD regulations, notified the City of its right to elect to continue to participate in the CDBG program by choosing from the following options: 1. Join the urban county to receive CDBG allocations through the county. 2. Become a stand-alone CDBG entitlement jurisdiction to receive CDBG funds directly from HUD, 3. Decline a formula CDBG allocation or entitlement and become an applicant to the competitive state CDBG program. Analysis: Staff has reviewed each of the three options available to the City. Staff recommends continuation of the current CDBG allocation by participating as part of the "urban county" program (Option 1). This option is preferred for the following reasons: 24 ITEM NUMBER: A-4 DATE: 06/14/05 1. Participation in the state CDBG program (Option 3) is competitive in nature and there is no guarantee that the City would receive any CDBG funding from year to year. 2. Becoming a stand alone City would require the City to meet all of the HUD regulations as a grant recipient, including preparation of a five year plan, annual allocation plan, preparation of various federally required reports, and other administrative activities. This would require additional staff resources to be allocated toward grant administration then currently allocated. 3. The City would be able to obtain more CDBG funds through the State than the "urban county" program, potentially securing $500,000 to $830,000 in a competitive cycle. However, the statewide competitive nature of the program puts the City at risk of receiving no funds. 4. The administration and distribution of HOME and other housing funds would continue to be administered by the County. Although the City would be eligible for more funding as part of the State competitive process, it would be required to administer the projects and activities. 5. Administration of the CDBG program is a highly regulated and technical process for which the County has staff that specializes in this area. Additional training and participation in HUD activities would require additional staff resources. 6. The funding allocation the County uses for City allocations is identical to the formula used by HUD if the City received a direct allocation. There may be some additional increase in funding levels as a direct entitlement city; however, it would be offset by the increases in administration required for.direct participation. Participation as art of the "urban county" allocation program would continue to provide p p Y p g the City with annual allocation of CDBG funds and continue to limit the amount of time the City would be required to spend on program administration which would increase with either of the remaining options. Participation in the program is for a three- (3) year fiscal year cycle; therefore the City will be able to re-evaluate its options prior to the next three-year cycle. Conclusion: Continued participation in the CDBG program with the County provides continued allocation of CDBG funding to Atascadero while limiting the financial and administrative resources necessary to participate in the program overall. Due to HUD deadlines, the County requested execution of this agreement by the respective cities executive officers; however, ratification by the City Council is required to make this Agreement binding. FISCAL IMPACT: Continued availability of approximately $200,000 annually during the next 3 years for CDBG eligible programs. 25 ITEM NUMBER: A-4 DATE: 06/14/05 ALTERNATIVES: Council may choose to participate as a stand alone CDBG entitlement jurisdiction or become an applicant to the competitive State program. ATTACHMENTS: 1. Draft Resolution 2. Cooperation Agreement 26 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A COOPERATION AGREEMENT BETWEEN THE CITY AND COUNTY OF SAN LUIS OBISPO TO CONTINUE JOINT PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, the County of San Luis Obispo ("County"), a political subdivision of the State of California, and the City of Atascadero ("City"), a municipal corporation, desire to continue participation in the Community Development Block Grant (CDBG) program administered by the U. S. Department of Housing and Urban Development (HUD); and WHEREAS, said program will promote the public health, safety and welfare by providing grant funds to be used by the City and County ("parties") to improve housing opportunities for low-income and moderate-income households, to encourage economic reinvestment, to improve community facilities and public services, and to provide other housing-related facilities or services; and WHEREAS, the City, as part of the federally designated "San Luis Obispo — Atascadero — Paso Robles Metropolitan Area", wishes to again defer its entitlement status to the County for the mutual benefit of both jurisdictions; and WHEREAS, HUD requires that the parties enter into a Cooperation Agreement to define their rights and obligations as a prerequisite of participation in the CDBG program, THEREFORE, BE IT RESOLVED BY THE ATASCADERO CITY COUNCIL AS FOLLOWS: Section 1. Findings. 1. The proposed Cooperation Agreement is consistent with the General Plan and with City and County policies encouraging cooperation between agencies on issues of regional significance such as affordable housing. 2. The proposed Cooperation Agreement will promote the public health, safety and welfare by enabling the City and County to participate in the U. S. Department of Housing and urban Development's CDBG programs, under an "urban county" entitlement; thus making available funds for a variety of housing, economic development, and public services programs not otherwise available. 3. The Parties intend to adopt a Memorandum of Understanding which will establish administrative policies and procedures, performance standards, and guidelines for block grant program implementation by the County and participating cities. 4. The proposed Cooperation Agreement is not a "project" for purposes of compliance with the provisions of the California Environmental Quality Act and j the City's Environmental Guidelines. } 27 Cita'of Atascadero Resolution No. Page 2 of 2 Section 2. Authorization to enter into Cooperation Agreement. Pursuant to Federal Regulations 24 CFR 570.501 (b), et. Seq., the City Council hereby authorized the Mayor to enter into a Cooperation Agreement, Exhibit "A", with the County to enable joint participation in the Community Development Block Grant Program U. S. Department of Housing and Urban Development (HUD). Section 3. City Administrative Officer authorized to act for Citi The City Manager, the City's Administrative Officer, is hereby authorized to act on behalf of the City in connection with the implementation of the agreement, on-going operation of the Community Development Block Grant Program, and other activities necessary to carry out the intent of the agreement. Section 4. Public Notice. A summary copy of this resolution, together with the ayes and noes, shall be published at least once in full, within 10 days after its adoption, in the Atascadero News, a newspaper published and circulated in the City. A copy of the full text of this resolution shall be on file in the office of the City Clerk and shall be available to any interested member of the public. On motion by Council Member and seconded by Council Member the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCAADERO Wendy Scalise, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright City Attorney 28 A COOPERATION,AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF ATASCADERO FOR JOINT PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM,THE HOME INVESTMENT PARTNERSHIPS PROGRAM, THE EMERGENCY SHELTER GRANT PROGRAM, THE AMERICAN DREAM DOWNPAYMENT INITIATIVE PROGRAM,AND THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM FOR FISCAL YEARS 2006 THROUGH 2008 THIS AGREEMENT is made and entered into this day of, , 2005, by and between the County of San Luis Obispo, a political subdivision of the State of California, hereinafter called "County"; and the City of Atascadero, a municipal corporation of the State of California, located in the County of San Luis Obispo, hereinafter called "City";jointly referred to as "Parties." WITNESSETH WHEREAS, in 1974, the U.S. Congress enacted and the President signed a law entitled, The Housing and Community Development Act of 1974, herein called the "Act". Said Act is omnibus legislation relating to federal involvement in a wide range of housing and community development activities and contains eight separate titles; and WHEREAS, Title I of the Act is entitled "Community Development" and consolidates several existing categorical programs for housing and community development into new programs for such housing and development of metropolitan cities and urban counties or communities by providing financial assistance annually for area- wide plans and for housing, public services and public works programs; and WHEREAS, the Community Development Block Grant (CDBG) Program, the HOME Investment Partnerships (HOME) Program, the Emergency Shelter Grant (ESG) Program, the American Dream Downpayment Initiative (ADDI) Program, and the Housing Opportunities for Person with AIDS (HOPWA) Program are consolidated under Title I of the Act; and WHEREAS, the County of San Luis Obispo has requested of the federal Department of Housing and Urban Development, hereinafter referred to as "HUD", that the County be designated as an "urban county"; and WHEREAS, the County needs to requalify as an urban county and will be eligible to receive CDBG funds provided that the County's entitled cities defer their entitlement to the County to enable both the County and the entitlement cities to jointly participate in the program; and WHEREAS, the City desires to participate jointly with the County in said program; and Page 1 29 l WHEREAS, if HUD redesignates the County as an urban county, the County may also be eligible to receive funds from the Home Investment Partnership Program (hereinafter referred to as "HOME"), the Emergency Shelter Program (hereinafter referred to as "ESG"), the American Dream Downpayment Initiative Program (hereinafter referred to as "ADDI"), and the Housing Opportunities for Persons with Aids Program (hereinafter referred to as "HOPWA"); and WHEREAS, the Community Development Block Grant Regulations issued pursuant to the Act provide that qualified urban counties must submit an application to the Department of Housing and Urban Development for funds, and that cities and smaller communities within the metropolitan area not qualifying as metropolitan cities may join the County in said application and thereby become a part of a more comprehensive county effort; and WHEREAS, as the urban county applicant, the County must take responsibility and assume all obligations of an applicant under federal statues, including: the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the consolidated plan, and the assurances of certifications; and WHEREAS, by executing this Agreement, the Parties hereby give notice of their intention to participate in the urban county CDBG, HOME, ESG, ADDI, and HOPWA programs. NOW THEREFORE, in consideration of the mutual promises, recitals and other provisions hereof, the Parties agree as follows: SECTION I. General. A. Responsible Officers. The Director of the County of San Luis Obispo Department of Planning and Building (hereinafter referred to as "Director") is hereby authorized to act as applicant for the CDBG, HOME, ESG, ADDI, and HOPWA programs and to administer funding and activities under the programs. The City Manager is hereby authorized to act as the responsible officer of the City under the programs. B. Full Cooperation. Parties agree to fully cooperate and to assist each other in undertaking eligible grant programs or projects, including but not limited to community renewal and lower income housing assistance activities, specifically urban renewal and publicly-assisted housing; public services; and economic development. C. Term of Agreement — Automatic Renewal Provision. The term of this Agreement shall be for a period of three (3) years commencing July 1, 2006 through June 30, 2009. In addition, this Agreement automatically renews to a new second consecutive three-year term, unless the City provides written notice at least 60 days prior to the end of the term that it elects not to participate in a new Page 2 30 qualification period. Before the end of the first three-year term, the County will notify the City in writing of its right not to participate in the urban county for a successive three-year term. The Parties agree to adopt amendments to this Agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice by HUD, prior to the subsequent three-year extension of the term. Any amendment to this Agreement shall be submitted to HUD as required by the regulations and any failure to adopt required amendments will void the automatic renewal of the Agreement for the second three-year term. The Agreement remains in effect until the CDBG, HOME, ESG, ADDI, and HOPWA program funds and income received with respect to the three-year qualification period, and the subsequent three-year renewal, are expended and the funded activities are completed. The Parties may not terminate or withdraw from the Agreement while the Agreement remains in effect. D. Scope of Agreement. This Agreement covers the following formula funding programs administered by HUD where the County is awarded and accepts funding directly from HUD: the CDBG Entitlement Program, the HOME Program, the Emergency Shelter Grant (ESG) Program, the American Dream Downpayment Initiative (ADDI) Program and the Housing Opportunities for Person with AIDS (HOPWA) Program. SECTION II. Preparation and Submittal of CDBG Fundinjz Applications. A. Inclusion of City as Applicant. Parties agree that City shall be included in the application the County shall submit to the Department of Housing and Urban Development for Title I Housing and Community Development Block funds under the above recited Act. B. Consolidated Plan. City shall assist the County by preparing a community development plan, for the period of this Agreement, which identifies community development and housing needs, projects and programs for the City; and specifies both short and long-term City objectives, consistent with requirements of the Act. County agrees to: (1) include the City plan in the program application, and (2) include City's desired housing and community development objectives, policies, programs, projects and plans as submitted by City in the County's consolidated plan. C. Application Submittal. County agrees to commit sufficient resources to completing and submitting the Consolidated Plan and supporting documents to HUD in time for the Parties to be eligible to receive funding beginning July 1, 2006, and to hold public hearings as required to meet HUD requirements. D. County Responsibility. Parties agree that the County shall, as applicant, be responsible for holding public hearings and preparing and submitting the Page 3 31 CDBG funding application and supporting materials in a timely and thorough manner, as required by the Act and the federal regulations established by HUD to secure entitlement grant funding beginning July 1, 2006. E. Grant Eligibility. In executing this Agreement, the Parties understand that they shall not be eligible to apply for grants under the Small Cities or State CDBG Programs for appropriations for fiscal years during the period in which the Parties are participating in the urban county CDBG entitlement program; and further, the City shall not be eligible to participate in the HOME, ESG, ADDI or HOPWA programs except through the urban county. SECTION III. Program Administration. A. Program Authorization. County Administrator is hereby authorized to carry out activities that will be funded from the annual CDBG, HOME, ESG, ADDI, and HOPWA programs from fiscal years 2006, 2007, and 2008 appropriations and from any program income generated from the expenditure of such funds. B. Responsibilities of Parties. Parties agree that the County shall be the governmental entity required to execute any grant agreement received pursuant to the CDBG, HOME, ESG, ADDI, and HOPWA applications, and the County shall thereby become legally liable and responsible thereunder for the proper performance of the plan and CDBG, HOME, ESG, ADDI, and HOPWA under county programs: City agrees to act in good faith and with due diligence in performance of City obligations and responsibilities under this Agreement and under all subrecipient agreements. City further agrees that it shall fully cooperate with the County in all things required and appropriate to comply with the provisions of any Grant Agreement received by the County pursuant to the Act and its Regulations. C., City Assistance. City agrees to undertake, conduct, perform or assist the County in performing the essential community development and housing assistance activities identified in the City's community development plan. Pursuant to the Act and pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement with the County as set forth in 24 CFR 570.503. SECTION IV. Use of Program Funds. A. Allocation of CDBG funds. All funds received by County pursuant to this Agreement shall be identified and allocated, as described below, to the specific projects or activities set out in the application, and such allocated amounts shall be expended exclusively for such projects or activities; provided, however, that a different distribution may be made when required by HUD to comply with Title I of the Housing and Community Development Act of 1974, as amended. Page 4 32 1) Metropolitan Cities' Allocation. Parties agree that County shall make available to City a total amount of CDBG funds equal to that which City would have been entitled had it applied separately as a "metropolitan city", using HUD allocation formulas as applied by County. No "administrative" fee or other fees will be deducted by the County to meets its obligations under the terms of this Agreement. Further, with respect to the availability of the funds, County agrees to fully cooperate and assist City in expending such funds. 2) Non-Metropolitan Cities' Allocation. County agrees to allocate a portion of CDBG program funds to the non-Metropolitan, incorporated cities participating in the program. The amount of allocation per city shall be equal to that which the urban county formula award from HUD increases as a result of the HUD allocation formulas as applied by County. 3) Special Urban Project Fund. It is further agreed that County shall set aside a portion of CDBG funds as a Special Urban Projects Fund, available to all participating incorporated cities and the County of San Luis Obispo County on a competitive basis. Amount of the Fund shall equal fifteen (15) percent of the urban county formula CDBG funding after deducting the allocation for cities as described in paragraph 1 and 2 above. The Special Urban Projects Fund shall be awarded annually by the County Board of Supervisors, following criteria developed jointly by County and the cities participating in the program. 4) County allocation. City agrees that urban county formula CDBG funds remaining after deducting allocations for cities and the Special Urban Projects Fund comprise the County allocation. B. Availability of Funds. County agrees to make CDBG funds available to all participating incorporated cities when HUD makes the CDBG funds available to it. The County shall immediately notify the participating incorporated cities of the availability of the funds. It is understood by the Parties hereto that the CDBG funds being used for the purposes of this Agreement are funds furnished to the County, through HUD pursuant to the provisions of the Housing and Community Development Act of 1974, as amended, hereinafter referred to as the "Act". Notwithstanding any other provision of this Contract, the liability of the County shall be limited to CDBG funds available for the Project. The City understands that the County must wait for release of CDBG funds from HUD before CDBG funds may be advanced or reimbursed. The County shall incur no liability to the City, its officers, agents, employees, suppliers, or contractors for any delay in making any such payments. Page 5 33 C. Administrative and Public Services Costs. County hereby acknowledges that City, as subrecipient, incurs certain administrative costs in preparing housing and economic development plans, program planning, management and accounting, professional support services, and other reasonable and necessary expenses to carry out City's plan; and further, County agrees that after the availability of CDBG program funds to City, County shall not use its remaining balance of funds in any way that would limit City's ability to use its CDBG funds to the maximum extent allowed by HUD for administrative, public service, or program purposes. D. Income Generated. City shall notify the County of any income generated by the expenditure of CDBG funds received by the City. Such program income may be retained by City subject to the provisions of this Agreement, the Act and its Regulations. Any program income retained must only be used for eligible activities in accordance with all CDBG requirements as then apply. E. Use of Program Income. County shall monitor the use of any program income, requiring appropriate record-keeping and reporting by the City as may be needed for this purpose, and shall report the use of such program income to HUD. In the event of close-out or change of status of the City, all program income on hand or received by the City subsequent to the close-out or change of status shall be paid to the County. In the event that the City withdraws from the urban county to become an entitlement grantee, as provided under 24 CFR 570.504, all program income on hand or received by the City from urban county activities shall be retained by the City to be used as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds. F. Change in Use of Property. City shall notify the County of any modification or change in the use of real property acquired or improved in whole or in part using CDBG funds that is within the control of the City, from that use planned at the time of acquisition or improvement including disposition. Such notification shall be made within thirty (30) days of such change of use and comply with the provisions of 24 CFR 570.505. G. Fair Housing Implementation. Parties agree that no urban county funding shall be allocated or expended for activities in or in support of any cooperation unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. H. Conflict Resolution. In the event of disagreement between the County and the City as to the allocations, disbursement, use, or reimbursement of CDBG funds, the Parties agree to accept HUD's written determination as to the appropriate resolution or disposition of funds to the extent HUD is willing to resolve such disagreement. Page 6 34 SECTION V. Amendment or Extension of Asreement. A. Subrecipient Agreement. For each fiscal year during the term of this Agreement, County and City shall enter into a Subrecipient Agreement, prepared jointly by County and City, that will list the project(s) City will undertake with its CDBG entitlement funds during that program year. Said Subrecipient Agreement will set forth the project changes, time schedule for completion of the project(s), and additional funding sources, if any. If substantial compliance with the completion schedule cannot be met by the City due to unforeseen or uncontrollable circumstances, the City may extend the schedule for project completion, as allowed by federal regulations. B. Amendments. Parties agree that a fully executed amendment or amendments to this Agreement may be entered into at any time if required or necessary to implement the plans contemplated hereunder, or to comply with any grant agreement or the regulations issued pursuant to the Act. SECTION VI. Compliance with Federal Regulations. A. General. Parties agree to take all actions necessary to comply with the urban county's certifications required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974; the National .Environmental Policy Act of 1969; the Uniform Relocation Assistance and Real Property Acquisition Act of 1970; and other applicable laws. B. Citizen Participation. Parties agree to comply with federal citizen participation requirements of 24 CFR Part 91, and provide citizens with: 1) An estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income; and 2) A plan for minimizing displacement of persons as a result of CDBG- assisted activities and programs, and to provide assistance to such persons. C. Citizen Participation Plan. Parties agree to follow a citizen participation plan which: 1) Provide for and encourages citizen participation, particularly those of low or moderate income who reside in slum or blighted areas where CDBG funds are proposed to be used; 2) Provide citizens with reasonable and timely access to local meetings, staff reports, and other information relating to gran'tee's proposed use of funds, as required by HUD regulations related to the actual use of funds under the Act; Page 7 35 3) Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least: 1) formulation of needs; 2) review of proposed grant activities; and 3) review of program performance; for which public hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation of handicapped persons; 4) Provides for a timely written answer to written complaints and grievances, within 15 working days where practicable; 5) Identifies how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate. D. Parties hereby certify, to the best of their knowledge and belief, that: 1) Conflict of Interest. No federal grant monies have been paid or will be paid, by or on behalf of the Parties, to any officer or employee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of. any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement. 2) Influence. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) Certifications Disclosure. Parties agree to include this certification in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements), and that all grant subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was entered into. Page 8 36 E. Certification Regarding Policies Prohibiting Use of Excessive Force and Regarding Enforcement of State and Local Laws Barring Entrances. In accordance with Section 519 Public Law 101-144 (the 1990 HUD Appropriations Act), the City certifies that it has adopted and is enforcing. 1) A policy prohibiting the use of excessive force by law enforcement agencies within their respective jurisdictions against any individuals engaged in non-violent civil rights demonstrations; and 2) A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within their jurisdictions. SECTION VII. Execution of Allreement and Recordkeeping. A. HUD Certification. The Director is hereby authorized to execute and submit to the County the HUD Certification Form with respect to the community development activities carried out within the boundaries of the City. It is further understood that the County will rely upon the certification executed by the Director for purposes of executing a certification form for submission to HUD. B. Maintenance of Records. City shall maintain records of activities for any projects undertaken pursuant to the program, and said records shall be"open and available for inspection by auditors assigned by HUD and /or County on reasonable notice during the normal"business hours of the City. NOW, THEREFORE, the Parties hereto have caused this Cooperation Agreement to be executed and attested by their proper officer thereunder duly authorized, and their official seals to be hereunto affixed, all as of the day first above written. County Counsel Certification The Office of the County Counsel hereby certifies that the terms and provisions of this Agreement are fully authorized under State and local laws, and that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. By: Timothy McNulty, Deputy County Counsel Date: Page 9 37 COUNTY OF SAN LUIS OBISPO By: Chairperson of the Board of Supervisors Date: ATTEST: Julie Rodewald, County Clerk Date: Page 10 38 NOW, THEREFORE, the Parties hereto have caused this Cooperation Agreement to be executed and attested by their proper officer therunder duly authorized, and their official seals to be hereunto affixed, all as of the day first above written. CITY OF ATASCADERO WENDY SCALISE, MAYOR Date: ATTEST: MARCIA McCLURE TORGERSON, CITY CLERK Date: APPROVED AS TO CONTENT: WADE G. McKINNEY, CITY MANAGER Date: APPROVED AS TO FORM: PATRICK L. ENRIGHT, CITY ATTORNEY Date: Page 11 39 ITEM NUMBER: A-5 DATE: 06/14/05 :W nn n A •e 1918 1ee pop Atascadero City Council Staff Report — Public Works Department Temporary Road Closure San Marcos Road RECOMMENDATION: Council approve the request for a temporary closure of San Marcos Road. DISCUSSION: Mr. & Mrs. Bart are in the process of building a home at 8335 San Marcos Road. This is located between Portola Road and. San Clemente Ave. They are proposing to sewer their home. No sewer exists in San- Marcos Road, so a sewer main extension is required. San Marcos, in this area, is extremely narrow and does not allow for safe travel through the construction site when the sewer is installed. The request is for day- time closure of the roadway for the period of one week. Traffic will be detoured as indicated on the attached map. FISCAL IMPACT: None ATTACHMENTS: Request w/map 40 3clD F— -11-A- (9 -fC YL' G r ' 1 . V\ V t C'e S \0 C©�'t VAC- - k re c° IEC`ILI vtcc e t-k-.e r- (C-V) tit i-k _ C 4 r` � �jq W C-r v\ &-V,G h� t 41 WIJI kf- CD (D CD CL o (D (D r tip p p CLE Op VJ A l J r cn CD Vol f 6 v Icn cn It"s t- cn cc o j t� ,� it ? 441 -son sells - I4k Jig _��) FY � -.. f3'�' - - is ' '., .--„-__, •_,_ �' _[ �'"�, ' y�� � --, 1 _ Alpp Xle 11 t� r_ • r (D ._ _ M.,,, , •�St 1. � . aw sv D -O � U� =,h E; o � � � --j �' �' c• DT � D M " cn -, 0 � � o3v � �. � N W 00 -0o ccf) < c°nv � � =r (D a c°nmmm � cncnv (n4 < �DD �� � rn' CL0 M 0 � 000m N N00o � Sv O "00 °• wwSv W 0 � 0- M N O o r- Q 0 CL0- Qo < o � � cn � Npm < . - coca sum * w D o cn o cn —� u, � N —!, _ :3rn �v CL 070 M0 � boa: 30)W0- rnU) m (n (Mn3in` � ° incnw cr CD CDMMv rn -gym o (D 0O Q U) -"h�. �' � O Q 0 ,-* _ -"h ° 42 ITEM NUMBER: A-6 DATE: 06/14/05 min WE Xrg ■ iaia SC" Atascadero City Council Staff Report — Public Works Department Garcia Road Bridge Project Award City Bid No. 2005-004 RECOMMENDATION: Council review staff report and authorize the City Manager to execute a contract with the successful lowest bidder on this project. DISCUSSION: • The project consists of replacement of the single-lane wooden bridge on Garcia Road over Graves Creek with a two-lane concrete and steel bridge. The existing 20-foot wide bridge will be replaced with a new 36-foot wide bridge, which will include a pedestrian sidewalk. Construction work will be phased to ensure that at least one lane will remain open at all times to vehicular traffic. This project is federally financed by Highway Bridge Replacement and Rehabilitation (HBRR) funds and is subject to all requirements of that,grant. The City established a 5% Disadvantaged Business Enterprise (DBE) goal for this project. All environmental reviews and permits have been obtained, and the necessary permanent and temporary construction easements have been obtained and certified by Caltrans. The project was advertised since May 13, 2005. The bids will be opened on June 13, 2005 and will be reviewed for accuracy and compliance with the City of Atascadero Procurement Policy and HBRR funding requirements. Staff will present to the Council at the June 14, 2005 meeting the City Clerk's Bid Summary, revealing who was the successful low-bidder. FISCAL IMPACT: The fiscal impact of this project will be determined once project is awarded. 43 r ITEM NUMBER: A-6 DATE: 06/14/05 i9is e 1979 A tascadero City Council Staff Report - Public Works Department Garcia Road Bridge Project City Bid No. 2005-004 RECOMMENDATION: Council authorize the execution of a contract with Souza Construction Inc. in the amount of $514,972.00 for the Garcia Road Bridge Project. DISCUSSION: Background: The project consists of the replacement of the existing 20-foot wide single- lane wooden bridge on Garcia Road over a tributary of Graves Creek with a 36-foot wide concrete bridge with two travel lanes and sidewalks. This project is federally financed by 80% Highway Bridge Replacement and Rehabilitation (HBRR) funds and 20% Circulation System Impact Funds. The City established a 5% Disadvantaged Business Enterprise (DBE) goal for this project. All environmental reviews and permits have been obtained. Permanent and temporary construction easements have been obtained and certified by Caltrans. The Construction Documents have been certified by Caltrans. Analysis: The project was advertised from May 13, 2005 through June 13, 2005. Three bids were received. They were opened and publicly read on June 13, 2005. Bids were reviewed for accuracy and compliance with bidding and Disadvantaged Business Enterprise (DBE) requirements and Souza Construction Inc. was found to be the successful low-bidder, with a proposal of $514,972.00. Conclusion: Staff recommends that the City Council award a contract to Souza Construction Inc. for the Garcia Road Bridge project. ITEM NUMBER: A-6 DATE: 06/14/05 FISCAL IMPACT: EXPENDITURES Design includes Environmental 200,000.00 Right of Way 70,000.00 Construction 514,972.00 Construction Engineering and Administration 120,000.00 Contingency 10% 50,000.00 Total Estimated Expenditure: $954,972.00 REVENUES Highway Bridge Replacement and Rehabilitation HBRR 1,016,000.00 Circulation System Impact Funds $254,000.00 Total Revenues: $1,270,000.00 ALTERNATIVES: Do not award the contract. Direct staff to re-bid the project. ATTACHMENTS: • Bid Summary • CITY OF ATASCADERO Office of the City Clerk BID SUMMARY TO: City Council FROM: Marcia McClure Torgerson, C.M.C., City Clerk T BID NO.: 2005-004 OPENED: 10:00 a.m. on 06/13/05 PROJECT: Garcia Road Bridge Project Three (3)bids were received and opened today, as follows: Bidder Total Bid Price Specialty Construction Inc. $1,393,667.00 Souza Construction $ 514,972.00 R. Burke Corporation $ 921,306.00 ITEM NUMBER: A-7 DATE: 06/14/05 a a. i ■ n �m 1818 � 1879 Atascadero City Council Staff Report — Public Works Department Final Map 2004-0089 (Tract 2562) 5680 Rosario (TTM 2003-0038) (Madruga) RECOMMENDATIONS: Council: 1. Accept Final Parcel Map 2004-0089 (Tract 2562); and, 2. Reject, without prejudice to future acceptance, the offer of dedication • for Public Utility Easement; and, 3. Authorize City Manager to execute a Subdivision Improvement Agreement. DISCUSSION: Tentative Tract Map 2003-0038 / Tract 2562 was approved by the City Council on April 13, 2004. The subdivision approved the creation of five single family residential lots. Pursuant to California Government Code Section 66440 the approving legislative body (City Council) cannot deny a final map that is consistent with an approved tentative 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. Staff recommends rejecting the offer of dedication for public utility easement without prejudice to future acceptance. Staff has determined that the Final Parcel Map is consistent with approved Tentative Tract Map. FISCAL IMPACT: None ATTACHMENTS: • Exhibit A: Final Map 2004-0089 (Tract 2562) 44 ITEM NUMBER: A-7 DATE: 06/14/05 Exhibit A Final Map 2004-0089(Tract 2562) • 5680 Rosario Madruga go n gffo is Tj � �-' .8•^^a� �� $��SIR � �/ I' � s. 1 n I & 1{ I 1 � 1 N O � g� V , F srr 45 ITEM NUMBER: A- 8 DATE: 06/14/05 3 1918 Atascadero City Council Staff Report — Public Works Department Temporary City Hall Interior Improvement Project — Electrical, Plumbing and Mechanical (Bid No. 2005-011 , 2005-012, 2005-013) RECOMMENDATIONS: Council: 1. Authorize the City Manager to execute a contract with Wysong Construction Company in the amount of $520,920.00 for the electrical interior improvements; • and, 2. Authorize the City Manager to execute a contract with Wysong Construction Company in the amount of $109,200.00 for the plumbing interior improvements; and, 3. Authorize the City Manager to execute a contract with Santa Margarita Construction Corporation in the amount of $140,898.00 for the mechanical interior improvements; and, 4. Authorize the Director of Administrative Services to allocate $925,221 .60 toward the completion of the Interior Improvements Project. DISCUSSION: The City is leasing the building at 6901 EI Camino Real, formerly Creekside Lanes, to be a temporary City Hall. The change in occupancy from an entertainment facility to that of government offices requires that interior spaces be altered and upgraded to accommodate employee usage and needs. The Council recently approved the framing, sheetrock and doors for this project. This request is for the necessary electrical, plumbing and mechanical improvements. These projects were advertised from May 20, 2005 through June 3, 2005. • 46 One bid was received for the electrical improvements. The bid was reviewed for accuracy and compliance with City of Atascadero Procurement Policy requirements and Wysong Construction Company was found to be the successful low-bidder, with a proposal of $520,920.00. Two bids were received for the plumbing improvements. The bids were reviewed for accuracy and compliance with City of Atascadero Procurement Policy requirements and Wysong Construction Company was found to be the successful low-bidder, with a proposal of $109,200.00. Three bids were received for the mechanical improvements. The bids were reviewed for accuracy and compliance with City of Atascadero Procurement Policy requirements and Santa Margarita Construction Corporation was found to be the successful low-bidder, with a proposal of $140,898.00. EXPENDITURES Construction Contract- Electrical $520,920.00 Plumbing $109,200.00 Mechanical $140,898.00 20% Contingency $154,203.60 TOTAL ESTIMATED EXPENDITURE: $925,221.60 . FISCAL IMPACT: $925,221.60 ALTERNATIVES: None ATTACHMENTS: 1. 2005-011 Bid Summary 2. 2005-012 Bid Summary 3. 2005-013 Bid Summary 47 CITY OF ATASCADERO Office of the City Clerk BID SUMMARY TO: City Manager's Office FROM: Marcia McClure Torgerson, C.M.C., City Clerk OPENED: 1:00 p.m. — 06/03/05 PROJECT: Annex II — Rough and Electrical Improvements BID NO.: 2005-011 1 Bids were received and opened today, as follows: Bidder Total Bid Price Wysong Construction Company $520,920.00 Attachment: 1 bid 48 CITY OF ATASCADERO Office of the City Clerk BID SUMMARY TO: City Manager's Office FROM: Marcia McClure Torgerson, C.M.C., City Clerk OPENED: 1:00 p.m. 06/03/05 PROJECT: Annex II — Rough and Finish Plumbing Improvements BID NO.: 2005-012 2 Bids were received and opened today, as follows: Bidder Total Bid Price Santa Margarita Construction Corporation $163,760.00 Wysong Construction Company $109,200.00 Attachment: 2 bid ` 49 CITY OF ATASCADERO Office of the City Clerk BID SUMMARY TO: City Manager's Office FROM: Marcia McClure Torgerson, C.M.C., City Clerk OPENED: 1:00 p.m. — 06/03/05 PROJECT: Annex II — HVAC Ducting Improvements BID NO.: 2005-013 3 Bids were received and opened today, as follows: Bidder Total Bid Price Wysong Construction Company $151,200.00 Santa Margarita Construction Corporation $140,898.00 Paso Robles Heating and Air Inc. $195,000.00 Attachment: 3 bid 50 ITEM NUMBER: B- 1 DATE: 06/14/05 s VIM 1 ■ r. ieis ie a A'>r C" Atascadero City Council Staff Report - City,Manager's Office Downtown Parking & Business Improvement Area (FY 2005-2006) Confirmation of Annual Assessment RECOMMENDATION: Council adopt the Draft Resolution confirming annual assessment for Downtown Parking & Business Improvement Area (Fiscal Year 2005-2006). DISCUSSION: Background: The City of Atascadero established a Downtown Parking and Business Improvement Area in 1986 (Chapter 11 of the Atascadero Municipal Code) for the purpose of acquisition, construction or maintenance of parking facilities, decoration of public places, promotion of public events, and general promotion of business activities in the downtown area. The formation and operation of a Business Improvement Area is governed by the California Streets & Highways Code (Section 36500 et. Seq.) Historically, the budget for the Business Improvement Area is submitted in conjunction with the City's annual budget. In each of the last four fiscal years from 2001, through 2005, the Council confirmed the annual assessment for the Downtown Parking & Business Improvement Area, and contracted with Atascadero Main Street, Inc., to administer the Downtown Parking & Business Improvement Area funds for downtown improvement activities and events. Atascadero Main Street received $9,500 fiscal year 2001-2002, $10,500 fiscal year 2002-2003, $10,500 fiscal year 2003-2004, and $10,500 for fiscal year 2004-2005. Analysis: The Streets & Highways Code requires that the "advisory board" provide a report to the City Council annually for the expenditure of funds derived from the assessment paid by businesses in the downtown area. The Atascadero Main Street Board of Directors functions as the "advisory board". The report (Attachment 1) identifies the proposed improvements and activities for the area, based upon the National Main Street Program's four-point approach. The report does not propose any changes to the area or of the assessment. The Downtown Parking and Business Improvement Area assessments collected by the City are estimated at approximately $10,500 annually. The recommended action would confirm the assessment and collection of these funds for downtown revitalization activities for 2005-2006. ITEM NUMBER: B - 1 DATE: 06/14/05 City Code Section 3-11.09 permits the City to enter into an agreement with an agency to expend District revenues consistent with City regulations. The City of Atascadero contracts with Atascadero Main Street, Inc., to expend the Downtown Parking and Business Improvement Area finds received by the City. The Atascadero Main Street Board of Directors is proposing expenditures for 2005-06 with the Downtown Parking and Business Improvement Area funds as follows: BIA Funds requested for 2005-2006 $10,500 Carry over from 2004-2005 $ 0 Total Proposed Funding Available $10,500 2004-2005 Proposed Expenditures: Signage & Banners $ 1,500 Membership Directory $ 1,500 Streetscape Maint./Improvement $ 1,500 Parking/Lighting/Art Coordination $ 1,000 Winter Wonderland Street Fair $ 4,000 Spring Time in the Colony $ 500 Sweetheart Stroll (Valentine's Day) 500 Total Proposed Expenditures for 2003-04 $10,500 Fund Residual $ 0 The City Council adopted a draft Resolution of Intention on May 24, 2005, and set a public hearing for June 14, 2005 to receive public comment. Following the public hearing, the Council can adopt a Resolution confirming the report as originally filed or as changed by the Council. Adoption of the resolution constitutes the levying of assessment. FISCAL IMPACT: Downtown Parking and Business Improvement District revenue of approximately $10,500 for fiscal year 2005-2006. ALTERNATIVES: 1. The City Council may not confirm the resolution to levy the assessment, thereby eliminating the revenue and funding of Main Street. 2. The City Council may grant Atascadero Main Street, Inc., the Downtown Parking and Business Improvement Area assessment funds in an amount lower than recommended. 3. The City Council may redirect the Downtown Parking and Business Improvement Area assessment funds and cancel the contract with Atascadero Main Street, Inc. Alternatives 1, 2 and 3 are not recommended because planned downtown revitalization efforts would be reduced or eliminated. ATTACHMENTS: 1. Downtown Parking and Business Improvement Area Report and Proposed Expenditures for 2005-2006 2. Draft Resolution City of Atascadero Downtown Parking and Business Improvement Area Annual Report for Fiscal -Year 2005/2006 The California Streets and Highways Code Section 36533 requires the preparation of a report for each fiscal year for which assessments are to be levied and collected to pay the costs of improvements and activities of the Improvement Area. The report may propose changes, including, but not limited to the boundaries of the parking and business improvement area or any benefit zones within the area, the basis and method of levying the assessments, and any changes in the classification of businesses. There are no boundary changes proposed. The boundaries are more specifically described as follows: From the South corner of Morro Road at the Highway 101 over-crossing then in the generally northwest direction immediately adjacent to Highway 101, to a point, at the intersection of El Camino Real and Rosario Avenue, then easterly along Rosario Avenue, to a point at the intersection of Rosario and Palma Avenue, then easterly along Palma Avenue to the rear lot line of parcels on the east side of Traffic Way, then north along said rear lot lines to include Lot 24 of Block LA, of Atascadero, then northerly along the center line of Traffic Way, to a point, then easterly to include the presently existing National Guard Armory Property. Then to a point easterly to the intersection of West Mall and Santa Ysabel Avenue at the West Mall bridge, then southerly along Santa Ysabel Avenue to a point at the intersection of the southerly leg of Hospital Drive and Santa Ysabel Avenue, then easterly from that point to the extension of proposed Highway 41, then southwesterly to the Morro Road/Highway 101 over-crossing, point of beginning. The Atascadero Main Street organization is the advisory body and sub- contractor to the City regarding the downtown Parking and Business Improvement Area. Since 2000, the City, Community Redevelopment Agency, Main Street and the community have worked to strengthen the downtown business community, increase the capacity of the Main Street organization and implement the downtown revitalization strategy. Each licensed business in the Improvement Area shall contribute to the assessment. Activities and improvements in the Downtown Parking and Business Improvement Area are funded by the assessment. a 1 53 The proposed work plan and budget for fiscal year 2005-2006 is as follows: BIA Funds requested for 2005-2006 $10,500 Carry over from 2004-2005 $ 0 Total Proposed Funding Available $10,500 2004-2005 Proposed Expenditures: Signage & Banners $ 1,500 Membership Directory $ 1,500 Streetscape Maint./Improvement $ 1,500 Parking/Lighting/Art Coordination $ 1,000 Winter Wonderland Street Fair $ 4,000 Spring Time in the Colony $ 500 Sweetheart Stroll (Valentine's Day) 500 Total Proposed Expenditures for 2003-04 $10,500 Fund Residual $ 0 This report shall be filed with the City Clerk on behalf of the Downtown Parking and Business Improvement area for fiscal year 2005-2006. 2 54 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO CONFIRMING DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA ASSESSMENT FOR FISCAL YEAR 2005-2006 WHEREAS, the Atascadero Main Street, Inc., Board filed a report with the City in accordance with Section 36534 of the Streets & Highway Code of the State of California; and, WHEREAS, the City Council having received the report adopted Resolution declaring intent to levy annual Downtown Parking and Business Improvement Area assessment pursuant to Section 36534 of said code; and, WHEREAS, the City Council did fix a time and place for a public hearing on the levy of the proposed assessment for fiscal year 2005-2006; and, WHEREAS, on June 14, 2004, the City Council conducted a public hearing at the date and time for such purpose; and, WHEREAS, the City Council did not receive the required number of protests for the levy of such assessment. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Atascadero does hereby confirm approval of the Section 36534 Report as originally filed and conformation of approval of such report constitutes the levy of an assessment for fiscal year 2004-2005, pursuant to the Streets & Highway Code of the State of-California. BE IT FURHER RESOLVED that the City Council directs staff to make appropriations in the City's budget in accordance with such report. 1 55 On motion by Council Member and seconded buy council Member the foregoing Resolution is hereby adopted following roll call vote: AYES: NOES: ABSENT: ABSTAINED: ADOPTED: CITY OF ATASCADERO Wendy Scalise, Mayor ATTEST: APPROVED AS TO FORM: By: By: Marcia McClure, C.M.C, City Clerk Patrick L. Enright, City Attorney. 2 56 ITEM NUMBER: B -2 DATE: 06/14/05 n isi`s ° p iaie CADS/ Atascadero City Council Staff Report - Community Development Department Title 8 Building Regulations Update and 2004 California Electrical Code Adoption with Minor Modifications RECOMMENDATION: Council introduce for first reading, by title only, Draft Ordinance A, approving amendments to Title 8 of the Atascadero Municipal Code pertaining to Building Regulations. DISCUSSION: Background: Title 8 is the local building regulations (Local Building Code). Every three years California adopts the State Codes, and gives local jurisdictions an opportunity to modify them, or adopt them in their entirety. The State has adopted a new California Electrical Code, with an effective date of August 1, 2005. The City's only proposed modification to this portion of the State Codes is the authority to disconnect in the event of an emergency. This is consistent with our current electrical code modification. Building staff has also made some slight changes to the Building Code in Title 8, in order to clarify and/or correct minor issues. These changes include a change to the soils report requirements for swimming pools, an exception to construction requirements for deck projections over descending slopes, and an additional chapter to provide regulations after a declared natural or man-made disaster. Summary: Due to the adoption of the 2004 California Electrical Code, and the opportunity to modify this code with local amendments, the Division of Building Services proposes these modifications to the City's Building Regulations. The Codes and amendments proposed, will improve public safety by throughout our community. The significant modification to the Electrical Code includes: o Electrical Code modified to authorize disconnection of electrical service in case of emergency, with no additional changes 57 i I Minor changes to the Building Code include: o Change the requirement for soils reports for swimming pools from 10% slope to 30% slope o Provide an exception for deck projections over descending slopes to eliminate the requirement for enclosing the unused underfloor space on decks when at least 50% of the perimeter is a minimum of 6 feet above grade An additional chapter has been added to Title 8 to include: o Placement of standard placards after a natural or man-made disaster o Establishment of standards and regulations for the repair and reconstruction of structures damaged as a result of a natural or man-made disaster Analysis: Currently Title 8 requires soils reports for swimming pools constructed on slopes greater than 10%. This requirement has been changed to 30% to be consistent with the requirements of the 2001 California Building Code. . Construction in Designated Fire Severity Zones is mandated by the adoption of the Urban Wildland Interface Code, and is consistent with Title 4-7. There has been some confusion over construction requirements on appendages, such as decks, projecting over descending slopes. We have provided an exception to Section 8-3.106.F.6 and 8-3.106.G.6 to eliminate the requirement to enclose the underfloor area on decks when more than 50% of the perimeter is at least 6 feet above grade: The placement of placards and repair and reconstruction requirements after a natural or man-made disaster will provide additional security in emergency situations. Conclusion: The Title 8 update is a routine process provided by the State of California when new codes are adopted. Building Services staff has taken this opportunity to clarify and update Building and Post Disaster regulations. This Ordinance will take the guesswork out of many of the City's regulations. FISCAL IMPACT: None ALTERNATIVES: 1. The City Council may approve the code amendment subject to minor changes and additions. The Council's motion to approve needs to include any changes. Significant changes should be referred back to staff for additional analysis. 2. The Council may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1: Draft Ordinance A 58 • Attachment 1: Draft Ordinance A ORDINANCE NO. A AN ORDINANCE OF THE CITY COUNCIL OF ATASCADERO, CALIFORNIA, AMENDING TITLE 8 (BUILDING REGULATIONS) OF THE CITY OF ATASCADERO MUNICIPAL CODE IN ITS ENTIRETY AND ADOPTING CERTAIN UNIFORM MODEL CODES RELATING TO BUILDING CONSTRUCTION AND MAINTENANCE WHEREAS, Government Code Section 50022, et seq. and California Health & Safety Code Section 17922 empower the City of Atascadero ("City') to adopt by reference the California Building Standards Code (the "California Building Standards Code") as provided in Titles 24 and 25 of the California Code of Regulations and other codes, including, without limitation, the Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings and Uniform Administrative Code; and • WHEREAS, the California Building Standards Commission ("Commission") recently adopted new amendments to the California Building Standards Code; and WHEREAS, California Health & Safety Code, Section 17958.5 authorizes cities to modify the California Building Standards Code by adopting more restrictive standards and modifications if such standards and modifications are accompanied by express findings that they are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, the City Council of the City of Atascadero ("City Council") finds that local climatic, geological or topographical conditions exist within the City, which include, but are not limited to, the following: FINDING 1 That the City of Atascadero is situated at the base of a watershed of the Santa Lucia Mountains and that flooding of Atascadero Creek, Graves Creek, and Salinas River results in conditions rendering fire department vehicular traffic unduly burdensome or impossible as witnessed in major floods that occurred in 1952, 1961, 1969, 1973, 1978, 1982, and 1995. Furthermore, flood conditions described above create the potential for overcoming the ability of the fire department to aid or assist in fire control, evacuations, rescues and other emergency task demands inherent in such situations. The resulting overburdening of fire department personnel may cause a substantial or total lack of • protection against fire for the buildings and structures located in the City of Atascadero. The afore-described conditions support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code and, in 59 particular, support the imposition of greater requirements than set forth in Sections 601.5.9, 705, 904.2.2, and 1503, and Appendix Sections 3104.2, 3106, and 3107.2 of the 1998 California Building Code, Article 230-70 of the 1998 California Electrical Code, and Sections 902.2.4.3, 902.3.4, 903.3, 1001.9, 1002.1, 1003.2, 1003.3.1, 1006.1, • 1007.3.3.6.1, 1102.3.1, 1102.4.1, 5202.3.6, 7802.3, 7902.2.2.1, and 8204.2 and Appendix II-F Sections 1 and 4.3 of the 2001 California Fire Code. FINDING 2 That the City of Atascadero is situated near three major faults each capable of generating earthquakes with a magnitude of 7.5. These are the San Andreas to the east of the City, the Nacimiento-Rinconada that crosses Hwy 101 north of the City then parallels the City to the east, and the Hosgri to the South West. Other faults of importance are the Huasna and West Huasna to the Southeast of the City, the San Simeon to the Northwest. In as much as these faults are included as major California earthquake faults, which are subject to becoming active at any time, the City Atascadero is particularly vulnerable to devastation should such an earthquake occur. The potential effects include isolating the City of Atascadero from the North and South due to the potential for collapsing of freeway overpasses or a slide on both the Cuesta and Ontario Grades and the potential for horizontal or vertical movement of the Edna fault rendering surface travel across the southern extremities of the city unduly burdensome or impossible. Additional potential situations inherent in such an occurrence include broken natural-gas mains causing structure and other fires, leakage of hazardous materials, the need for rescues from collapsed structures, and the rendering of first aid and other medical attention to large numbers of people. The protection of human life and the preservation of property in the event of such an occurrence support the imposition of fire protection requirements greater • than those set forth in the California State Building Standards Code and in particular support the imposition of greater requirements than set forth in Sections 601.5.9, 705, 904.2.2, and 1503 of the 1998 California Building Code, Article 230-70 of the 2001 California Electrical Code, and Sections 902.2.4.3, 902.3.4, 903.3, 1001.9, 1002.1, 1003.2, 1003.3.1, 1006.1. 1007.3.3.6.1, 1102.3.1. 1102.4.1. 5202.3.6, 7802.3, 7902.2.2.1, and 8204.2 and Appendix II-F Sections 1 and 4.3 of the 2001 California Fire Code. FINDING 3 - That the central commercial area in the City of Atascadero consists of mixed conditions that create the potential for possible conflagration, including congested streets during the business day, numerous older buildings without adequate internal fire-resistance, and contemporary low-rise buildings. Significant spread of fire in said area will actually exceed the fire suppression capabilities of regional firefighting personnel. The continued development of the Atascadero commercial area and the current and potential development of high-rise buildings pose a substantial threat of fire to human life, public safety, and the preservation of property and support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code, and in particular, support the imposition of greater requirements than set forth in Sections 601.5.9, 705, 904.2.2, and 1503 of the 2001 California Building Code, Article 230-70 of the 1998 California Electrical Code, and Sections 902.2.4.3, 902.3.4, 903.3,1001.9, 1002.1,1003.2, 1003.3.1, 1006.1.1007.3.3.6.1, 1102.3.1, 1102.4.1, 5202.3.6, 7802.3, 60 7902.2.2.1, and 8204.2 and Appendix II-F Sections I and 4.3 of the 2001 California Fire Code. • FINDING 4 That the City of Atascadero is bisected by a major freeway (Hwy 101), traversing in the north/south direction and a major highway (Hwy 41) traversing in an east/west direction. The City is also transected by a mainline railroad that traverses in the north/south direction. It is a frequent occurrence for the aforementioned highways and railway to support the transportation of hazardous materials. The potential for release or threatened release of a hazardous material along one of these routes is highly probable given the volume transported daily. Incidents of this nature will normally require all available emergency response personnel to prevent injury and loss of life, and to prevent as far as practicable, property losses. Emergency personnel responding to said incidents may be unduly impeded and delayed in accomplishing an emergency response as a result of this situation, with the potential result of undue and unnecessary risk to the protection of life and public safety, particularly in those buildings or structures without the protection of automatic fire sprinklers. The above-described problems support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code, and in particular support the imposition of greater requirements than set forth in-Sections 601.5.9, 705,904.2.2, and 1503 of the 2001 California Building Code, Article 230-70 of the 1998 California Electrical Code, and Sections 902.2.4.3, 902.3.4, 903.3, 1001.9, 1002.1, 1003.2, 1003.3.1, 1006.1, 1007.33.6.1, 1102.3.1, 1102.4.1, FINDING 5 That seasonal climatic conditions duringthe late summer and fall create numerous serious difficulties in the control and protection against fire situations in the City of Atascadero. The hot, dry weather in combination with Santa Ana winds frequently results in wildland fires in the brush-covered slopes on the Santa Lucia Mountains and several areas surrounding. The aforementioned areas completely surround the City. When a fire occurs in said areas, such as occurred in 1994, the Highway 41 fire burned for several days and entered the City, the entirety of local fire department personnel is required to control, monitor, fight and protect against such fire situations in an effort to protect life and preserve property and watershed land. The same climatic conditions may result in the concurrent occurrence of one or more fires in the more populated areas of the City without adequate fire department personnel to protect against and control such a situation. Therefore, the above-described findings support the imposition of fire- protection requirements greater than those set forth in the California State Building Standards Code, and in particular support the imposition of greater requirements than set forth in Sections 601.5.9, 705, 904.2.2, and 1503 of the 2001 California Building Code, Article 230-70 of the 2001 California Electrical Code, and Sections 902.2.4.3, 902.3.4, 903.3, 1001.9, 1002.1, 1003.2, 1003.3.1, 1006.1, 1007.3.3.6.1, 1102.3.1, 1102.4.1, 5202.3.6, 7802.3, 7902.2.2.1, and 8204.2 and Appendix II-F Sections 1 and 4.3 of the 2001 California Fire Code. • 61 FINDING 6 • That for the most part, the soils in the City of Atascadero are medium to highly expansive in nature, and such soils may cause damage to foundations, structures and underground utilities if not properly mitigated through known construction techniques. Furthermore, a significant part of the City lies on hills and rolling topography subject to earth slides and movements and present problems to developments constructed in such areas due to surface water drainage and disposal. The above-described conditions support the imposition of requirements greater than those set forth in the California State Building Standards Code and, in particular, support the imposition of greater requirements than those set forth in Sections 1804.7, 1806.1, and 1900.4.4, Table 18-I-C, 3102.7.2, and Appendix Sections 421, 3305, 3306, 3307, 3308, 3309.3, 3309.4, 3309.8, 3309.10, 3309.11, 3311, 3316.1, and 3318.3 of the 2001 California Building Code and Section 315.4 of the 2001 California Plumbing Code. FINDING 7 That the more-restrictive modifications requiring automatic fire-sprinkler systems in buildings evidenced by the afore-described findings allow a trade-off for, and reduction of, other less effective fire-resistive components of a building support the acceptance of requirements lesser than those set forth in the California State Building Standards Code and, in particular, support the imposition of lesser requirements than those set forth in Section 709.4.1 of the 2001 California Building Code and Sections 902.2.1 and 903.2 of the California Fire Code. • WHEREAS, based upon the recommendations of the Building Official and Fire Chief, the City Council finds that the proposed amendments to the California Building Standards Code ("amendments") are more restrictive than the standards adopted by the California Building Standards Commission, would decrease the potential incidence of property damage, injury and death due to fires and earthquakes, and are reasonable and necessary to mitigate the aforementioned local climatic, geologic or topographical conditions. WHEREAS, the City Council finds that each of the local amendments to the California Building Standards Code are supported by the local climatic, geologic and/or topographic conditions described herein. THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES ORDAIN AS FOLLOWS: Section 1. The City Council hereby adopts the recitals contained in this Ordinance as findings to support the modifications to the California Building Standards Code. Section 2. Title 8 of the Atascadero Municipal Code is hereby amended to read in full as follows: 62 • 1. 1997 Uniform Administrative Code; 2. 2001 California Building Code, Volume I (including Appendix Chapter 4; Appendix Chapter 15; Appendix Chapter 31 Division I and Division III; and Appendix Chapter 33 except Section 3310), and Volume II; 3. 2004 Cal i f amia Electrical Code; 4. 2001 California Plumbing Codei 5. 2001 California Mechanical Code; 6. 1997 Uniform Housing Code; 7. 1997 Uniform Code for the Abatement of Dangerous Buildings; 8. California Building Standard Commission Emergency Standards INDEX CHAPTER 1 ADMINISTRATIVE • 8-1.101 Administrative 8-1.102 Purpose 8-1.103 Authority 8-1.104 Applicability CHAPTER 2 ORGANIZATION AND ENFORCEMENT 8-2.101 Creation of Division of Building Services 8-2.102 Powers and Duties of Building Official 8-2.103 Appointing Authority 8-2.104 Custodian of Records 8-2.105 Permits, Inspections, and Fees 8-2.106 Establishment of Board of Appeals 8-2.107 Adoption of Uniform Administrative Code 8-2.108 Modifications of Certain Parts of the Uniform Administrative Code 8-2.109 Right of Entry 8-2.110 Violations and Enforcement 8-2.111 Cargo Containers and Railroad Cars 8-2.112 Temporary Toilet Facilities CHAPTER 3 PRIMARY BUILDING CODE • 8-3.101 Adoption of California Building Code 8-3.102 Modifications of Certain Parts of the California Building Code 8-3.103 Soils Reports 63 8-3.104 Roof Covering Limitations • 8-3.105 Fire Sprinkler Systems 8-3.106 Special Building Construction Requirements Based on Fire Zones 8-3.107 Sign Permits CHAPTER 4 PRIMARY ELECTRICAL CODE 8-4.101 Adoption of National Electrical Code 8-4.102 Authority to Disconnect CHAPTER 5 PRIMARY PLUMBING CODE 8-5.101 Adoption of California Plumbing Code 8-5.102 Modifications of Certain Parts of California Plumbing Code 8-5.103 Building Sewers CHAPTER 6 PRIMARY MECHANICAL CODE 8-6.101 Adoption of the California Mechanical Code 8-6.102 Modifications of Certain Parts of the California Mechanical Code CHAPTER 7 SWIMMING POOL BARRIERS 8-7.101 Barriers for Swimming Pools, Spas and Hot Tubs I • CHAPTER 8 PRIMARY HOUSING CODE 8-8.101 Adoption of Uniform Housing Code 8-8.102 Modifications of Certain Parts of the Uniform Housing Code CHAPTER 9 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS + 8-9.101 Adoption of the Uniform Code for the Abatement of Dangerous Buildings CHAPTER 10 UNREINFORCED MASONRY 8-10.101 Unreinforced Masonry Buildings 8-10.102 Scope 8-10.103 Definitions 8-10.104 Rating Classifications 8-10.105 General Requirements 8-10.106 Administration 8-10.107 Analysis and Design 8-10.108 Materials of Construction 8-10.109 Information Required on Plans 8-10.110 Glossary of Symbols and Notations • 64 • CHAPTER 11 PRIMARY ENERGY CODE 8-11.101 Adoption of the California Building Standards Commission Emergency Standards CHAPTER 12 POST-DISASTER REQUIREMENTS 8-12.101 Scope 8-12.102 Application of Provisions 8-12.103 Definitions 8-12.104 Placards 8-12.105 Repair Criteria 8-12.106 Repair Criteria for Historic Buildings 8-1.2.1.07 Repair Criteria for Unreinforced Masonry Buildings Title 8 of the City of Atascadero Municipal Code is hereby amended in its entirety to read as follows: CHAPTER 1 ADMINISTRATIVE 8-1.101 Title • A. This Title shall be known as the City of Atascadero Building Code, Title 8 of the Atascadero Municipal Code. 8-1.102 Purpose A. The City Council expressly finds that the purpose of this Code is to provide minimum standards to safeguard life, limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of buildings and structures within the City of Atascadero. 8-1.103 Authority A. This Code is adopted pursuant to the authority granted by Section 7 of Article XI of the State constitution to a City to make and enforce such local, police, sanitary and other regulations as are not in conflict with the general laws of the State. It is further adopted pursuant to the applicable provisions of the State Housing Laws (Health and Safety Code Section 17910 et seq., and particularly Sections 17922 and 17958 thereof) and applicable rules and regulations promulgated pursuant thereto as Title 24 and 25 of the California Code of Regulations. 8-1.104 Applicability • A. The provisions of this Code shall apply to the construction, alteration, moving, demolition, repair, maintenance and use of buildings and structures located within the incorporated territory of the City of Atascadero. 65 EXCEPTIONS: Public projects located in a public way and not subject to . County land use regulations; public utility towers and poles; mechanical equipment not specifically regulated in this Code; hydraulic flood control structures; and buildings and structures owned and constructed by a Federal, State, or other agency whose authority preempts that of City government. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure in the County, or cause the same to be done, contrary to, or in violation of, any of the provisions in this Code, and Title 8 of the City of Atascadero Municipal Code, the Uniform Housing Code, the California Building Code, the California Plumbing Code, the California Mechanical Code, the California Electrical Code and any other codes as adopted by this Code and the State Housing Law. CHAPTER 2 ORGANIZATION AND ENFORCEMENT; ADOPTION OF PRIMARY ADMINISTRATIVE CODE 8-2.101 Creation of Division of Building and Safety A. There is hereby contained within the City governmental structure the "Division of Building Services" of Community Development, herein referred to as the 'Building Division", which shall be under the administrative jurisdiction of the Building Official as designated by the appointing authority. • 8-2.102 Powers and Duties of the Building Official A. The Building Official is hereby authorized and directed to enforce the provisions of this Code and of the codes adopted by reference herein. For such purpose, the Building Official shall have the power of a law enforcement officer. The Building Official is hereby authorized to consult experts qualified in fields related to the subject matter of this Code and codes adopted by reference herein as necessary to assist him/her in carrying out his/her duties. The decisions of the Building Official in enforcing, interpreting, or in exercising the authority delegated by the provisions of this Code and of the codes adopted hereby shall be deemed final, subject to appeal as provided in Section 10-2.106 of this Code. 8-2.103 Appointing Authority A. The Director of Community Development of the City of Atascadero shall appoint the Building Official and shall authorize the Building Official to appoint such number of officers, inspectors, assistants and other employees for the Building Division as shall be authorized by the City Council from time to time. The Building Official may deputize such employees as may be necessary to carry out the functions of the Building Division. 8-2.104 Custodian of Records A. The Building Official shall cause a record to be kept of all permits and all other pertinent • transactions of the Building Division under this Code and the codes adopted hereby. 66 • 8-2.105 Permits, Inspections and Fees A. Permits Required. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure regulated by this Code, or cause the same to be done, without first obtaining the necessary permits for each separate building or structure from the Building Official_ B. Permits Required/Grading or Waste Disposal Not Separate. 1. Grading and or waste disposal system permits for residential sites shall not be issued separately from the residence permit without the specific approval of the Building Official and City Planner. 2. Grading permits are required for earth movement of over 50 cubic yards and/or for cuts or fills in excess of 3 feet. C. Expiration of Permit. Section 106.4.4 is replaced with the following: 1. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of issuance of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. . 2. Failure to request and receive a recorded inspection by the Administrative Authority within the 180-day period constitutes a condition of suspension or abandonment. 3. Before such abandoned or suspended work can be recommenced, a new permit shall be obtained to do so, and the fee therefore shall be one half the amount required for a new permit for such work, but in no case less than $84.00, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. 4. Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. D. Expiration of Plan Review. Section 106.4.4 is replaced with the following: Applications for which no permit is issued within 180 days following date of notification of approval/ready for issuance by the Building Division, or applications within 180 days 67 following date of notification of permit corrections to be picked up or returned, shall expire • by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. No extension is allowed except by written appeal to the Building Official. No application shall be extended more than once. E. Permit Fees. Section 107.2 is replaced with the following: Permit fees shall be established by City Council resolution as may be necessary from time to time. The value to be used in computing the building permit and building permit plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work,painting, roofing, electrical,plumbing,heating, air conditions, elevators, site work, fire-extinguishing systems and any other permanent equipment, The regional modifier shall be 1.0. F. Emergency Permits. Emergency permits may be issued by the Building Official for any area of work regulated by this Code when it is determined that the work is of an emergency nature and failure to perform the work may be detrimental to the health, safety, or welfare of the occupants, public, or the environment. Applications for emergency permits shall be filed no later than 10 days from the date of commencement of emergency work. An emergency permit may also require a land use permit. • G. Exempted Work. Exempted work shall be as described in Section 106.2 of the California Building Code. 8-2.106 Establishment of Board of Appeals A. The City Council shall constitute the Board of Building Appeals. 8-2.107 Adoption of Uniform Administrative Code A. Certain documents marked and designated as the "Uniform Administrative Code", 1997 Edition are hereby adopted for establishing technical codes that regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings. Regulations, provisions, conditions and terms of such "Uniform Administrative Code", 1997 Edition on file in the Building Division, are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter." 8-2.108 Modifications of Certain Parts of the Uniform Administrative Code. The following portions of the Uniform Administrative Code are hereby amended: A. Section 104.2.3 (Right of Entry). 8-2.109 Right of Entry. The following replaces Section 104.2.3 of the Uniform Administrative Code: 68 • During the course of exercising the duties delegated to the Building Official in Section 8-2.102 this Code, and when, in the opinion of the Building Official, there exists a reason to believe that a violation of this Code or due cause exists to inspect a property, the Building Official, or designee, is hereby authorized to enter such property or premises at any reasonable times and to inspect and perform any duty imposed on him/her by the provisions of Section 8-2.102 of this Code or by other applicable law. If such property or premises is occupied, the Building Official or designee shall first present proper credentials to the occupant and request entry, explaining his/her reasons therefore. If such entry is refused or cannot be obtained because the owner or person having charge or control of the property cannot be located after due diligence, the Building Official shall seek judicial authorization for entry pursuant to an inspection warrant in accordance with the procedures set forth in the California Code of Civil Procedure sections 1822.50-1822.57. Notwithstanding the foregoing, if the Building Official or designee has reasonable cause to believe that there exists an unsafe, substandard, or dangerous condition within the building or premises as to require immediate inspection to safeguard the public health or safety, he/she shall have the right to immediately enter and inspect such property and may use any reasonable means required to secure such entry and make such inspection, whether such property is occupied or unoccupied and whether or not permission has been sought or obtained." . 8-2.110 Violations, Enforcement, Compliance Official. The following is added to the Uniform Administrative Code: A. Purpose. This section establishes procedures for enforcement of violations of this Code. The enforcement procedures set forth are intended to assure due process of law in the abatement or correction of violations and substandard, or otherwise noncompliant conditions subject to the jurisdiction of this Code. B. Violations. It shall be unlawful for a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building, structure or building service equipment or cause or permit the same to be done in violation of this code and any adopted model code. C. Enforcement Responsibility. The responsibility for the enforcement of the provisions of this Code shall. be per Title 12 of the Atascadero Municipal Code. D. Cost of Abatement or Compliance; Tax Lien. 1. Liability for Costs of Enforcement. Any person who maintains any premises in violation of any provision of this Code, or any adopted model code, or the State Housing Law shall be liable for and obligated to pay to the City of Atascadero all costs incurred by the City of 69 Atascadero in obtaining abatement or compliance that is attributable to • or associated with the enforcement or abatement action, whether the action is administrative, injunctive, or legal, and for all damages suffered by the City of Atascadero, its agents, officers, and employees as a result of such violation or efforts to abate the violation. 2. Failure to Pay. If the owner of the property involved in such abatement or compliance action fails to pay for the costs of such abatement or compliance action upon demand by the City of Atascadero, the City Council by resolution may order the cost of the abatement to be specially assessed against the parcel. Such assessment shall be collected at the same time and in the same manner as ordinary City taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of the delinquency as are provided for ordinary City taxes. E. Notice of Noncompliance. 1. When Determined by the Building Official that work has been done without required permits, or has not been completed in accordance with the requirements of this Code, the State Housing Laws, or any other code adopted herein, the Building Official may cause a Notice of Noncompliance to be recorded with the County Recorder and shall notify the owner of the property of such action. The Notice of Noncompliance shall describe the property, shall set forth the non- complying conditions, and shall state that the owner of such property has been duly notified. The Building Official shall record a notice of release of the Notice of Noncompliance with the County Recorder when it has been determined by the Building Official that the non- complying conditions have been corrected. F. Public Nuisance. 1. Nuisance Defined. Buildings or structures, or portions thereof, regulated by this Code that are unsafe, or not provided with adequate egress, or that constitute a fire hazard, or that are determined substandard under the provisions of the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, or the State Housing Law, or that are otherwise dangerous to human life, or that constitute a hazard to health, safety or public welfare by reason of inadequate maintenance, dilapidation, damage, obsolescence, or abandonment as specified in this Code, or any other effective ordinance, shall be declared unsafe buildings and shall be declared public nuisances and shall be ordered abated by repair, rehabilitation, removal, or demolition pursuant to the provisions of this code. 8-2.111 Cargo Containers and Railroad Cars. The following is added to the Uniform Administrative Code: 70 A. Relocation. When proposed use is other than originally designed and/or . intended as determined by the Building Official, railroad cars, cabooses, shipping containers, mobile homes, and similar assemblies, etc., may not be moved into or relocated within the City limits without his/her approval. B. Not Conventional Construction. Railroad cars, cabooses, shipping containers, mobile homes, and similar assemblies, etc, do not qualify as conventional construction; therefore, all design/engineering work, plans, calculations, etc., must be accomplished by a California licensed architect or engineer. 8-2.112 Temporary Toilet Facilities Required. The following is added to the Uniform Administrative Code: A. No person shall initiate or proceed with construction, erection, alteration, repair, or razing a project without first having provided an adequate number of suitable sanitary job toilet facilities for the use of workers on the project in a ration of 1 toilet per 30 workers. Toilets must be within two hundred (200) feet of each work area within the project site. CHAPTER 3 PRIMARY BUILDING CODE 8-3.101 Adoption of California Building Code A. Certain documents marked and designated as the "California Building Standards Code", 2001 Edition are hereby adopted for establishing technical codes that regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings. Regulations, provisions, conditions and terms of such "California Building Standards Code", 2001 Edition on file in the Building Division, are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter." 8-3.102 Modifications of Certain Parts of the California Building Code. The following portions of the "California Building Code", 2001 Edition, are hereby deleted: (a) Section 101 (Section, Scope, and General) (b) Section 103 (Violations) (c) Sections 104.1 (Organization and Enforcement), 104.2 (Powers and Duties of the Building Official), 104.2.3 (Right of Entry). (d) Section 105 (Board of Appeals) • (e) Sections 106.1 (Permits Required), 106.4.4 (Expiration). 71 (f) Sections 107.2 (Permit Fees), 107.3 (Plan Review Fees), 107.4 (Expiration of Plan Review) • 8-3.103 Soils Reports. The following is added to Section 106.3.2: A. Soils reports are required for all new single and multi-family dwellings, new commercial buildings, commercial additions, swimming pools on slopes equal to or greater than 301,0, residential additions and detached accessory structures over 1000 sq. ft., and other structures as determined by the Building Official, to determine soil characteristics. The soils report shall include foundation recommendations for the proposed structure based upon the determined soil characteristics. EXCEPTION: When determined by the Building Official that a soils report is not necessary due to the minor scope of the project, or evidence observed by site investigation, or substantive information provided by project owner or authorized agent. B. An expansive index test is required for all structures not included in Section A above to determine foundation design. EXCEPTION: L When determined by the Building Official that an Expansive Index Test is not necessary due to the minor scope of work, or evidence observed by site investigation, or substantive information provided by project owner or authorized agent. • 2. In lieu of providing an expansive index test, a foundation design meeting the requirements of 91 — 130 High weighted expansion tests may be used. 8-3.104 Roof Covering Limitations. Roofing Materials. The following is added to Section 1503: A. Installation of wood roofing materials is prohibited. B. Roof covering for all new buildings, and for any re-roofing of existing buildings, shall be no less than Class "A" rating, regardless of building type or occupancy. Any reference to the approved use of roofing materials with less than Class "A" rating is hereby deleted. EXCEPTION: 1. Roof coverings on additions to existing wood shingle roofs amounting to no greater than twenty-five percent (25%) of the existing roof area maybe Class "B" rating. 2. Repairs to existing wood roofs not exceeding 25% of existing roof area per calendar year may be Class "B" ratings. • 72 8-3.105 Fire Sprinkler Systems. In addition to the requirements of Section 904.2.1 of the California Building Code, an automatic fire extinguishing system shall be installed in the occupancies and locations as set forth below: A. New Construction. An automatic fire extinguishing system shall be installed and maintained in all new buildings in "A," "B," "E," "F," "H," 111," "M," "R", "S" and "U" (when "U" structure is attached to an "R") occupancies as defined by the Uniform Building Code, regardless of type of construction or floor area, for which any Building Permit is issued after the effective date of this Ordinance. EXCEPTIONS: Detached Group B or M occupancies not exceeding 500 square feet and located at least 10 feet from adjacent buildings and 5 feet from adjacent property lines; Note: "U" occupancies converted to conditioned habitable space will be required to install an automatic fire extinguishing system. a. Existing Construction. Unless the California Fire Code is more restrictive, an automatic fire extinguishing system shall be installed in all existing buildings or structures where proposed or ongoing additions exceed 10% of the total . floor area of the existing building or structure, and which meet one or more of the following: (i) Have a total floor area exceeding two thousand (2,000) square feet, (ii) When a second story or higher is added, (iii)When occupancy change increases fire risk or hazard EXCEPTIONS (iv)Additions to single-family residences resulting in a total floor area of less than 3,000 square feet. Regardless of additions, alterations or repairs in existing sprinklered buildings, sprinkler coverages shall remain as per the National Fire Protection Association 13, 13R, or 13D standards, whichever are applied by the Fire Chief. 8-3.106 Special Construction Requirements Based on Fire Severity Zones A. General: The provisions of this article shall apply within the boundaries of Fire Hazard Zones as defined herein and shown on a map entitled "Fire Hazard Map of Atascadero", on • file in the office of the Chief of the City Fire Department and adopted hereby as part of this Code. 73 B. Definitions: For the purpose of this article, certain terms are defined as • follows: 1. Very High Fire Hazard Severity Zone: Are those areas of the City of Atascadero designated by the Chief of the City Fire Department as having a very high propensity for wild fire due to the existence of excessive wild brush fuel, lack of adequate water for fire suppression, or lack of adequate access to fire fighting equipment. 2. High Fire Hazard Severity Zone: Are those areas of the City of Atascadero designated by the Chief of the City Fire Department as having a high propensity for wild fire due to the existence of excessive wild brush fuel, lack of adequate water for fire suppression, or lack of adequate access to fire fighting equipment. 3. Moderate Fire Hazard Severity Zone: Are those areas of the City of Atascadero designated by the Chief of the City Fire Department as having a moderate propensity for wild fire due to the existence of excessive wild brush fuel, lack of adequate water for fire suppression, or lack of adequate access to fire fighting equipment. C. Construction in Very High, High, and Moderately High Fire Hazard Zones shall be per the 2000 Edition of the Urban-Wildland Interface Code, and Title 4 of the Atascadero Municipal Code. • EXCEPTIONS: 1. Accessory structures not exceeding 120 square feet in floor area when located at least 50 feet from buildings containing habitable spaces. 2. Agricultural buildings at least 50 feet from buildings containing habitable spaces. D. Objective. The objective of this chapter is to establish minimum standards to locate, design and construct buildings and structures or portions thereof for the protection of life and property, to resist damage from wildfires, and to mitigate building and structure fires from spreading to wildland fuels. The minimum standards set forth in this chapter vary with the critical fire weather, slope and fuel type to provide increased protection, above the requirements set forth in the Building Code, from the various levels of hazards. E. Fire hazard severity maps. The fire hazard severity of building sites for all buildings hereafter constructed, modified or relocated into urban- wildland interface areas shall be established in accordance with the Wildland Fire Hazard Maps on file with the City of Atascadero Fire Department. • 74 . F. Construction in very high severity fire zones. Construction in very high severity fire zones shall be as described for Class 1 ignition-resistant construction in the 2000 edition of the Urban-Wildland Interface Code and Title 4 of the Atascadero Municipal Code. 1. Roof Covering. Installation of wood roofing products shall be per Section 802.104 of the Atascadero Municipal Code. For roof coverings where the profile allows a space between the roof covering and roof decking, the space at the eave ends shall be fire stopped to preclude entry of flames or embers. 2. Protection of Eaves. Eaves and soffits shall be protected on the exposed underside by materials approved for a minimum of one-hour- rated fire-resistive construction. Fascias are required and must be protected on the backside by materials approved for a minimum of one-hour-rated fire-resistive construction or 2-inch (51 mm) nominal dimension lumber. 3. Gutters and Downspouts. Gutters and downspouts shall be constructed of noncombustible material. 4. Exterior Walls. Exterior walls of buildings or structures shall be constructed with materials approved for a minimum of one-hour-rated fire-resistive construction on the exterior side or constructed with approved noncombustible materials. EXCEPTION: Heavy timber or log wall construction. Such material shall extend from the top of the foundation to the underside of the roof sheathing. 5. Unenclosed Underfloor Protection. Buildings or structures shall have all underfloor areas enclosed to the ground with exterior walls in accordance with Section 8-3.106.F.4. EXCEPTION: Complete enclosure may be omitted where the underside of all exposed floors and all exposed structural columns, beams and supporting walls are protected as required for exterior one- hour-rated fire-resistive construction or heavy timber construction. 6. Appendages and Projections. Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, shall be a minimum of one-hour-rated fire-resistive construction, heavy timber construction or constructed of approved noncombustible materials. When the attached structure is located and constructed so that the structure or any portion thereof projects over a descending slope • surface greater than 10 percent, the area below the structure shall have all underfloor areas enclosed to within 6 inches of the ground, with exterior wall construction in accordance with Section 8-3.106.F.4. 75 EXCEPTION: Decks with more than 50'),,;, of the perimeter 6 fect or more above _,rade mav h�q�io -cted Jth a imnirmirn of onC-110I.Ir fire ...................­­­­................ ...... .................. is e resistivcoiistrUCtion on the exterior, heaw t'niber construcii car ...................__............ Lapprwv�LdLoncorribustible materials. _ 7. Exterior Glazing. Exterior windows, window walls and glazed doors, windows within exterior doors, and skylights shall be tempered glass, multilayered glazed panels, glass block or have a fire-protection rating of not less than 20 minutes. 8. Exterior Doors. Exterior doors shall be approved non-combustible construction, solid core wood not less than 1-3/4 inches (45 mm)thick, or have a fire-protection rating of not less than 20 minutes. Windows within doors and glazed doors shall be in accordance with Section 8- 3.106.F.7. EXCEPTION: Vehicle access doors. 9. Vents. Attic ventilation openings shall not be located in soffits, in eave overhangs, between rafters at eaves, or in other overhang areas. Gable end and dormer vents shall be located at least 10 feet (3048 mm) from property lines. Underfloor ventilation openings shall be located as close to grade as practical. 10. Detached Accessory Structures. Detached accessory structures located less than 50 feet (15 240 mm) from a building containing habitable space shall have exterior walls constructed with materials approved for a minimum of one-hour-rated fire-resistive construction, heavy timber, log wall construction or constructed with approved noncombustible materials on the exterior side. When the detached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall have all underfloor areas enclosed to within 6 inches of the ground, with exterior wall construction in accordance with Section 8-3.106.F.4 or underfloor protection in accordance with Section 8-3.106.F.5. EXCEPTION: The enclosure may be omitted where the underside of all exposed floors and all exposed structural columns, beams and supporting walls are protected as required for exterior one-hour-rated fire-resistive construction or heavy timber construction. See Section 8-3.106.F.1 for roof requirements. G. Construction in high severity fire zones. Construction in high severity fire zones shall be as described for Class 2 Ignition-resistance construction in the 2000 edition of the Urban-Wildland Interface Code and Title 4 of the Atascadero Municipal Code. 76 1. Roof Covering. Installation of wood roofing products shall be per Section 802.104 of the Atascadero Municipal Code. For roof coverings where the profile allows a space between the roof covering and roof decking, the space at the cave ends shall be fire stopped to preclude entry of flames or embers. 2. Protection of Eaves. Combustible eaves, fascias and soffits shall be enclosed with solid materials with a minimum thickness of 3/4 inch. No exposed rafter tails shall be permitted unless constructed of heavy timber materials. 3. Gutters and Downspouts. Gutters and downspouts shall be constructed of noncombustible material. 4. Exterior Walls. Exterior walls of buildings or structures shall be constructed with materials approved for a minimum of one-hour-rated fire-resistive construction on the exterior side of constructed with approved noncombustible materials. EXCEPTION: Heavy timber or log wall construction. Such material shall extend from the top of the foundation to the underside of the roof sheathing. • 5. Unenclosed Underfloor Protection. Buildings or structures shall have all underfloor areas enclosed to the ground, with exterior walls in accordance with Section 8-3.106.F.4. EXCEPTION: Complete enclosure may be omitted where the underside of all exposed floors and all exposed structural columns, beams and supporting walls protected as required for exterior one- hour-rated fire-resistive construction or heavy timber construction. 6. Appendages and Projections. Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, shall be a minimum of one-hour-rated fire-resistive construction, heavy timber construction or constructed with approved noncombustible materials. When the attached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall have all underfloor areas enclosed to within 6 inches (152 mm) of the ground, with exterior wall construction in accordance with Section 8- 3.106.F.4. EXCEPTION: Decks with mare than 50% of the perimeter 6 l:eet or • mote above grade may be protected with a r11i13iMUM o one l�ottrfre resistive _cotrStrUcttc»l on the exterior, h.gavt ttm e;r constructtimon car approved noncombustible materials. 77 7. Exterior Glazing. Exterior windows, window walls and glazed doors, windows within exterior doors, and skylights shall be tempered glass, multilayered glazed panels, glass block or have a fire-protection rating of not less than 20 minutes. 8. Exterior Doors. Exterior doors shall be approved non-combustible construction, solid core wood not less than 1-3/4-inch thick, or have a fire-protection rating of not less than 20 minutes. Windows within doors and glazed doors shall be in accordance with Section 8- 3.106.G.7. EXCEPTION: Vehicle access doors. 9. Vents. Attic ventilation openings, foundation or underfloor vents or other ventilation openings in vertical exterior walls and vents through roofs shall not exceed 144 square inches each. Such vents shall be covered with noncombustible corrosion-resistant mesh with openings not to exceed 1/4 inch. Attic ventilation openings shall not be located in soffits, in eave overhangs, between rafters at eaves, or in other overhang areas. Gable end and dormer vents shall be located at least 10 feet from property • lines. Underfloor ventilation openings shall be located as close to grade as practical. 10. Detached Accessory Structures. Detached accessory structures locate less than 50 feet from a building containing habitable space shall have exterior walls constructed with materials approved for a minimum of one-hour-rated fire-resistive construction, heavy timber, log wall construction, or constructed with approved noncombustible material on the exterior side. When the detached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall have all underfloor areas enclosed to within 6 inches of the ground, with exterior wall construction in accordance with Section 8-3.106.G.4 or underfloor protection in accordance with Section 8-3.106.G.5. EXCEPTION: The enclosure may be omitted where the underside of all exposed floors and all exposed structural columns, beams and supporting walls are protected as required for exterior one-hour-rated fire-resistive construction or heavy timber construction See Section 8-3.106.G.1 for roof requirements. 78 H. Construction in moderate severity fire zones. Construction in moderate severity fire zones shall be as described for Class 2 Ignition-resistance construction in the 2000 edition of the Urban-Wildland Interface Code and Title 4 of the Atascadero Municipal Code. 1. Roof Covering. Installation of wood roofing products shall be per Section 802.104 of the Atascadero Municipal Code. For roof coverings where the profile allows a space between the roof covering and roof decking, the space at the eave ends shall be fire stopped to preclude entry of flames or embers. 2. Unenclosed Underfloor Protection. Buildings or structures shall have all underfloor areas enclosed to the ground with exterior walls. EXCEPTION: Complete enclosure may be omitted where the underside of all exposed floors and all exposed structural columns, beams and supporting walls are protected as required for exterior one- hour-rated fire-resistive construction or heavy timber construction. 3. Vents. Attic ventilation openings, soffit vents, foundation or underfloor vents or other ventilation openings in vertical exterior walls and vents through roofs shall not exceed 144 square inches each. Such vents shall be covered with noncombustible corrosion-resistant mesh with openings not to exceed 1/4 inch. 1. Replacement or repair of roof coverings 1. Roof coverings on buildings or structures in existence prior to the adoption of this code that are replaced or have 25 percent or more replaced in a 12-month period shall be replaced with roof covering required for new construction as described in Section 8-3.104 of this Code. Roof coverings for repairs less than 25 percent in a 12-month period shall be replaced with not less than Class A fire-treated materials. 8-3.107 Sign Permits. The following signs shall not require a building permit: A. These exemptions shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this code or any other law or ordinance regulating the same. 1. Changing the advertising copy or message on a painted, printed, or nonstructural sign face. Including theater marquees and similar signs specifically designed for the use of replaceable copy. Sign changes that require structural or electrical modifications shall not be included in this exception. • 2. Painting, repairing or cleaning of an advertising structure or the changing of the advertising copy or message thereon shall not be 79 considered an erection or alteration that requires a sign permit . unless a structural change is made. CHAPTER 4 PRIMARY ELECTRICAL CODE 8-4.101 Adoption of National Electrical Code: Certain documents marked and designated as the "California Electrical Code", 200 Edition, are hereby adopted for establishing administrative, organizational and enforcement rules and regulations for technical codes that regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings. Regulations, provisions, conditions, and terms of such "California Electrical Code", 2004 Edition, on file in the Building Division, are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter. 8-4.102 Authority to Disconnect. The buildin,, official is _hereby authorized to disconnect anv wire or electrical conductor in case of` an emergency where necessary to salec,,uard life or property, or where such wire may interfere with.the work of the Fire Departrn.en.t. The building.._ o fic al__is_ further authorized to disconnect or order the discontinuance of electr cal service to anv electrical ww�irin« dee ice appliance apparatus, of ec�uit�rnent found to be dangerous to life or property. or where illegally connected �Vhet� such equipment or installation is . to be disconnected. a notice shall be gjy�en to thy, owner or tei a��t listing the causes for such action �1`he building official shall provide written notice to the occult or property owner at least 24 hours in advance of such disconnection, statim the reasons therefore In cases of immediate danger to life and property, the building official sl all notify h.e serving utility in writing, of the order to discontinue service and request that the service dtsconnectcd,_It Shall be unlawful for anv person. firrrt corporation or utility cotYipanv to supply electrical service to ati electrical device apparatus appliance or equiptxtent that has been disconnected or his been ordered disconnected by thebuitdittg official Lintil a verification of Lipprolral his b c;i anted by the building off'rct�rl. ea CHAPTER 5 PRIMARY PLUMBING CODE 8-5.101 Adoption of California Plumbing Code: Certain documents marked and designated as the "California Plumbing Code", 2001 Edition, are hereby adopted for establishing administrative, organizational and enforcement rules and regulations for technical codes that regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings. Regulations, provisions, conditions, and terms of such "California Plumbing Code", 2001 Edition, on file in the Building Division, are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter. 80 • 8-5.102 Modifications of Certain Parts of the California Plumbing Code. The following portions of the "California Building Code", 2001 Edition, are hereby amended: 1. Pursuant to Section 103.4 of the California Plumbing Code (Permit Fees) plumbing fees shall be by the current fee resolution as adopted by the City Council for the City of Atascadero. 8-5.103 Building Sewers. The California Plumbing Code, as adopted by Section 8-1.101 of this title, is amended as follows: A. The following requirements shall apply to building sewers and related drainage piping: 1. All building sewers shall be constructed with pipe of internal diameter not less than four(4) inches, unless a pipe of internal diameter not less than three (3) inches is approved by the Administrative Authority. 2. A cleanout shall be placed in every building sewer within five (5) feet of each building, at all changes in alignment or grade in excess of one hundred thirty five (135) degrees, within five (5) feet of the junction with the public sewer, and at intervals not to exceed one hundred (100) feet in straight runs. The cleanout shall be made by inserting a "Y" • fitting in the line and fitting the cleanout in the "Y" branch in an approved manner. In the case of a cleanout near the junction of the public sewer, the "Y" branch riser shall be extended to a depth of not more than one (1) foot. All other cleanouts shall be extended to finish grade. 3. Drainage piping serving fixtures located at an elevation of less than one (1) foot above the nearest upstream manhole cover in the main sewer serving said fixtures shall drain by gravity into the main sewer, and shall be protected from backflow of sewage by installing an approved backwater valve. Each such backwater valve shall be installed only in that branch or section of the drainage system that receives the discharge from fixtures located less than one (1) foot above the nearest upstream manhole cover. B. Private Sewage Disposal Systems. The design, installation operation and maintenance of private sewage disposal systems shall be in conformance with Appendix K of the Uniform Plumbing Code and with standards specified in this section. Where specific standards are not provided within this section or where the Administrative Authority determines that -higher requirements are necessary to maintain a safe and sanitary condition, the "Water Quality Control Plan, Central Coast Basin" (adopted by the Regional Water Quality Control Board of the Central Coast Region) or other recognized industry standards may be used as a guideline by the Administrative Authority. C. Percolation Test. An on-site investigation shall be made by a registered engineer competent in sanitary engineering in order to determine the 81 suitability of a particular site for a private sewage disposal system and to • provide the data necessary to design a private sewage disposal system. A percolation test shall be required prior to issuance of a permit for all new or enlarged private sewage disposal systems. D. Test Procedures. The following percolation test procedure shall be used in performing percolation tests, except that other accepted test procedures may be used when approved by the Administrative Authority: 1. Number and Location of Test Holes. A minimum of three separate test holes spaced uniformly through and located in the immediate vicinity of the proposed leach field site are to be made. 2. Type of Test Holes. The test hole shall have horizontal dimensions between four (4) and twelve (12) inches and vertical sides to the depth of the absorption trench. 3. Preparation of Test Holes. Smeared soil surfaces shall be removed from the sides and bottom of the test hole to provide a natural soil interface. All loose material shall be removed from the test hole. Two (2) inches of coarse sand or fine gravel shall be added to the test hole to protect the bottom from scouring and sediment. 4. Soil Saturation and Swelling. The test hole is to be carefully filled to a depth of one (1) foot above the gravel or sand with clear water, which is to be kept in • the hole for at least four (4) hours but preferably overnight. This step may be omitted in sandy soils containing little or no clay. 5. Measurement of Percolation Rate. The percolation rate shall be determined twenty-four (24) hours after water is first added to the test holes; except, in sandy soils containing little or no clay, the percolation rate shall be determined after the water from one (1) filling, of the test hole has completely seeped away. + (i) If water remains in the test hole after the overnight swelling period, adjust the depth to approximately six (6) inches over the gravel or sand and, from a fixed referenced point, measure the drop in water level over a thirty (30) minute period to calculate the percolation rate. (ii) If no water remains in the test hole after the overnight swelling period, add clear water to bring the depth of water in the test hole to approximately six (6) inches over the gravel or sand. From a fixed reference point, measure the drop in water level at approximately thirty(30) minute intervals over four (4) hours refilling six (6) inches over the gravel or sand as necessary. The drop that occurs during the final thirty (30) minute period is used to calculate the percolation rate. The drops during prior periods provide information for possible modification of the test procedure to suit local conditions. 82 (iii) In sandy soils (or in other soils in which the first six (6) inches • of water seeps away in less than thirty (30) minutes after the overnight swelling period), the time interval between measurements shall be taken as ten (10) minutes and the test shall run for one (1)hour with the drop during the final ten(10) minutes being used to calculate the percolation rate. 6. Deep Boring. A soil boring, to a minimum depth of ten (10) feet below the bottom of the absorption trench or pit, shall be made in order to determine the presence of impermeable bedrock and/or ground water. 7. General Design Standards. The following standards shall be used in the design of new or enlarged private sewage disposal systems where the percolation rate does not exceed one hundred twenty (120) minutes per inch. (i) Determination of Size of Absorption Area. The absorption area, measured in lineal feet of absorption trench, shall be calculated as set forth in this section. Tables 4-1 (Absorption Area Requirements) and 4-2 (Standard Trench Adjustment Factors), included in this chapter, shall be referred to as necessary. (absorption area pet bedroom.) X (no. of bedrooms.) • X adjustment factor (ii) Location of Private Sewage Disposal Systems. The minimum distance between components of a private sewage disposal system and other site features shall be as set forth in Table 4-3 (Horizontal Distance Separation) and Table 4-4 (Vertical Distance Separation). Where physical limitations on a site preclude conformance with distance separation requirements, the Administrative Authority may approve a lesser separation when the design is prepared by a registered engineer competent in sanitary engineering and when adequate substantiating data is submitted with the design. The Administrative Authority shall not approve a separation less than that set forth in the "Water Quality Control Plan--Central Coast Region" unless the Regional Water Quality Control Board or its designated representatives have previously approved the design. 8. Additional Standards: (i) Existing legal building sites that are served by an individual on-site well may be approved for a private sewage disposal system only if the site meets lot size standards for private • sewage disposal systems. 83 (ii) Private sewage disposal systems proposed to be installed on • slopes of twenty percent (20%) or more shall be designed by and have their installation inspected and certified by a registered civil engineer. The design shall minimize grading disruption associated with access for installation and maintenance. Such systems shall be prohibited on slopes of thirty percent (30%) or more, unless approved by both the Administrative Authority and the Regional Water Quality Control Board_ (iii) When the percolation rates is more then thirty (30) minutes/inch, a private sewage disposal system shall be designed, inspected, and certified to work by a registered civil engineer. (iv) When the percolation rates exceeds one hundred twenty (120) minutes/inch, a private sewage disposal system, using solely dependent upon soil absorption, shall not be allowed. (v) The design of private sewage disposal systems shall incorporate an approved filtering device to remove solids from effluent at the outlet of septic tanks. (vi) When the percolation rate exceeds thirty (30) minutes/inch, a • private sewage disposal system using a seepage pit shall not be allowed. (vii) Expansion area shall be provided on all building sites, shall be identified on all plans submitted for private sewage disposal systems, and shall remain available for system expansion. If areas reserved for system expansion are not accessible for future installation, then the expansion area shall be installed with the original system. (viii) Inspection risers with four (4) inches minimum diameter shall be installed at the ends of each absorption trench or bed. (ix) Septic tank manholes more than twenty-four (24) inches below grade, valves, distribution boxes, and pumps shall be permanently accessible to the surface in a manner acceptable to the Building Official. 9. Special Design Standards. The following standards shall be used in the design of new or enlarged private sewage disposal systems where the percolation rate exceeds sixty (60) minutes per inch. Designs for alternate types of private sewage disposal systems shall be by a registered civil engineer and may be approved by the Administrative • Authority when the design engineer submits adequate substantiating data with the design. 84 (i) Determination of Size of Disposal Field. The size of the disposal field shall be determined by the design engineer using methods of accepted engineering practice including manuals and documents specified in this chapter or as otherwise approved by the Administrative Authority. (ii) Location of Private Sewage Disposal System. The minimum distance between components of a private sewage disposal system and other site features shall be as set forth in Table 4-3 (Horizontal Distance Separation) and Table 4-4 (Vertical Distance Separation) using the column entitled "Leach Field or Seepage Bed." (iii) When private sewage disposal systems are designed pursuant to this section, the design engineer shall provide the owner with information on the location, design operation and maintenance of the private sewage disposal system. (iv) Existing legal building sites that are served by an individual on-site well may be approved for a private sewage disposal system only if the site is one acre or larger in size and meets other regulations and requirements regarding distance separation. • (v) Expansion area shall be provided on all building sites. 10. Replacement of Existing Private Sewage Disposal System. Where an existing private sewage disposal system has failed, the replacement system shall be designed in conformance with this chapter and shall be designed, inspected and certified to work by a registered civil engineer. In the event that the replacement system cannot be designed to conform with this chapter, the Administrative Authority may approve a system designed to lesser standards when it is designed, inspected and certified to work by a registered civil engineer. (i) A private sewage disposal system shall not be replaced by another system if sewers are available. (ii) The Administrative Authority shall not approve a replacement system that does not conform with prohibitions set forth in the "Water Quality Control Plan--Central Coast Basin," unless the Regional Water Quality Control Board or its designed representative has previously approved the design. The Administrative Authority may authorize a temporary means of sewage disposal pending such approval. (Ord. 360 § 3 (part), 1999) • Table 4-1. Absorption Area Requirements 85 _ _ Absorption = Percolation 'Area Per:; Rate ;Bedroom (Minutes/Inch) ;(Square Feet) 0 9 150 '1 _ I '165 _...r__..... j 11 15 190 16 20 .'215. _.,. . .. 21--25 .230 126--30 `250 31 35 1270 36 40 '285 I 1-45 __.. €300 ...._.._.. 14_6-50 1315 ' 51 60 x1330 [6—1 70 380 71--80 430 ' 1[81--90 520 • 91 100 660 101 -110 3830 . 111--120 __.._.; 1250� • 86 . Table 4-2. Standard Trench Adjustment Factor ....... ..... _......_.. Depth of Gravel Trench Width (in inches) :Below Pipes JOn Inches) 12 18 LL 243 ;36„ 42 148 54 ;60 12 _ .75 f.78 .80. . 82 ..x.83. . 85 86. 87- 87 8 60 E_4 66._..E 69 71.. E�73- .75 .77 178 .... - - — -...-.-....--.-.. .. _.._ 24 __..._. F 50 x.54 57. 60.. 1'.62 64_._.1.66 68 'i 70 .30_ 11"A1..60 .:. 62 64 36 37 f 41.._.. W44 47 } 50 52 54 56 58 ____. 42 51 0. _ 52 .._...= 54 148 30 33 36 139 i 42 44 ,.46 Note 1. For trenches not shown in Table 4-2, the standard trench adjustment factor may be computed as follows: Where W=width of trench(in feet) D = depth of gravel below pipe (in feet) W+2 • W+ 1 +2D Table 4-3. Horizontal Distance Separation (In Feet) ' Building Septic I Leach !Seepage Sewer `Tank Field or 1Pit E Seepage E . _ Bed ! Buildings or structures, including, 2 5 8 18 1porches, steps, breezeways, [[ ;patios, and carports whetherE f covered or not _. ... Property Line Clear�2� 5 l5 10 Water supply well F50(3) 5�010�� 150 ;Streams, when shown 7 1/2 minute; 50 50 100 100 IUSGS Map and when a defined' j jchannel with definite bed and banks exists ! 87 ephemeral draws or other5050 50 50 Swales, e v • ;natural watercourses with drainage; (areas larger than 10 acres i Trees 10. *.___.._.. . Seepage pits ;Leach field„or seepage bed _ ... ___... . .__ 5 _.. 15 On-site domestic water service line _ _ .. istr Dibution box ...'�5 � _ ._ Pressure ublic water main '105 --T 10 10 `10 iSlopIng ground, cuts, or other-- - 15 15 embankments Reservoirs, including ponds, lakes,, 200 200 1 200(') 200I') tanks, basins, etc. for storage,; regulation and control of water recreation, power, flood control or linking Springs 100 100 100 1100 Notes: (1) Distance separation shall be increased to twenty(20) feet when building or structure . is located on a downward slope below a leach field, seepage bed or seepage pit. (2) See Section 315 (c) of Uniform Plumbing Code. (3) Distance separation may be reduced to twenty-five (25) feet when the drainage piping is constructed of materials approved for rise within a building. (4) See Section 1108 of Uniform Plumbing Code. (5) For parallel construction or crossings, approval by the Health Department shall be required. (6) Distance is measured as horizontal distance to daylight. This distance may be reduced where it is demonstrated that favorable geologic conditions and soil permeability exist based on a report and analysis prepared by a licensed geologist or soils engineer. (7) Distance is measured at spillway elevation. (*) See tree protection guidelines. 88 • Table 4-4. Vertical Distance Separation (In Feet) (Leach Field or Seepage ' t ;Seepage Bed Pit :`Ground �15� � water `Bedrock 10 €Note: Distance is measured from bottom of (trench or pit. I CHAPTER 6 PRIMARY MECHANICAL CODE 8-6.101 Adoption of California Mechanical Code: Certain documents marked and designated as the "California Mechanical Code", 2001 Edition, are hereby adopted for establishing administrative, organizational and enforcement rules and regulations for technical codes that regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings. Regulations, provisions, conditions and terms of such "California Mechanical Code", 2001 Edition, on file in the Building Division, are hereby referred to and • made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter. 8-6.102 Modifications of Certain Parts of the California Mechanical Code. The following portions of the "California Mechanical Code", 2001 Edition, are hereby deleted: 1. Pursuant to Section 115.1 and 115.2 of the California Mechanical Code (Permit Fees) mechanical fees shall be by the current fee resolution as adopted by the City Council for the City of Atascadero. CHAPTER 7 SWIMMING POOL BARRIERS 8-7.101 Barriers for Swimming Pools, Spas and Hot Tubs. All swimming pools, spas and hot tubs within the City shall conform to the requirements as specified in sections 115920 through 115927 of the California Health and Safety Codes and Appendix Chapter 4 of the 2001 Edition of the California Building Code. CHAPTER 8 PRIMARY HOUSING CODE • 8-8.101 Adoption of Uniform Housing Code. Certain documents marked and designated as the "Uniform Housing Code", 1997 Edition, published by the 89 International Code Council, are hereby adopted for establishing administrative, • organizational and enforcement rules and regulations for technical codes that regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, regulations, provisions, conditions and terms of such "Uniform Housing Code", 1997 Edition, published by the International Code Council, on file in the Building Division, are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter. 8-8.102 Modifications of Certain Parts of the Uniform Housing Code. The following portions of the "Uniform Housing Code", 1997 Edition, are hereby deleted: A. Section 203.1 (Appeals Board) B. Section 302 (Fees) 8-8.103 The following replaces Section 302 of the Uniform Housing Code: A. Whenever work is required to be done under the provisions of this Code, a building, plumbing, electrical, or mechanical permit may be required by the building official prior to the commencement of work. Appropriate fees shall be assessed by the building official pursuant to permit fee resolutions as adopted by the City Council. In the event that abatement proceedings must be initiated against a property in order to gain compliance with the • provisions of this Code, all costs associated with the abatement shall be paid by the property owner pursuant to the provisions of Section 8- 2.110.D.1 of this Code. CHAPTER 9 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS 8-9.101 Adoption of Uniform Code for the Abatement of Dangerous Buildings. Certain documents marked and designated as the "Uniform Code for the Abatement of Dangerous Buildings", 1997 Edition, published by the International Code Council, are hereby adopted for establishing administrative, organizational and enforcement rules and regulations for technical codes that regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, regulations, provisions, conditions and terms of such "Uniform Code for the Abatement of Dangerous Buildings", 1997 Edition, published by the International Code Council, on file in the Building Division, are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter. • 90 • CHAPTER 10 UNREINFORCED MASONRY 8-10.101 Unreinforced Masonry Buildings A. Purpose. The purpose of this chapter is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on unreinforced masonry bearing wall buildings. Such buildings have been widely recognized as posing a threat to life because of a history of poor performance, i.e. partial or complete collapse, during moderate to strong earthquakes. B. Provisions. The provisions of this chapter are intended as minimum standards for structural seismic resistance established primarily to reduce the risk of life loss or injury. Compliance with these standards will not necessarily prevent loss of life or injury or prevent earthquake damage to rehabilitated buildings. This chapter does not require alteration of existing electrical, plumbing, mechanical or fire safety systems (unless they constitute a hazard to life or property). C. This chapter provides systematic procedures and standards for identification and classification of unreinforced masonry bearing wall buildings based on their present use. Priorities, time periods and standards are also established under which these buildings are required to be . structurally analyzed and anchored. Where the analysis finds deficiencies, this chapter requires the buildings to be strengthened or demolished. Qualified Historical Buildings shall comply with the State Historical Building Code (SHBC) established under Part 8, Title 24 of the California Administrative Code. (Ord. 360 § 2 (part), 1999; Ord. 226 § 1 (part), Exh. A (part), 1991) 8-10.102 Scope. The provisions of this chapter shall apply to all unreinforced masonry buildings. A. This chapter shall not apply to detached one- or two-family dwellings and detached apartment houses containing less than five dwelling units and used solely for residential purposes. B. This chapter shall not apply to warehouses and similar buildings used for emergency services or supplies. (Warehouses that have been converted to retail, office, commercial, or residential occupancies are not exempt.) C. This chapter shall not apply to buildings owned by the Federal or State Government. (Buildings owned by local jurisdictions are not exempt.) All conforming and legal nonconforming buildings that are required to be strengthened by alteration as a result of this chapter shall not be required to comply with current site • improvement standards of the City zoning ordinance, including parking and landscaping. 91 In the event a building owner does not agree with zoning or signage conditions, he or she may seek relief through appeal to the Planning Commission. (Ord. 360 § 2 (part), 1999; • Ord. 226 § 1 (part), Exh. A (part), 1991) 8-10.103 Definitions. For the purposes of this chapter, the applicable definitions in Sections 2302 and 2312 of the Uniform Building Code shall apply: A. "Essential building" means any building housing a hospital or other medical facility having surgery or emergency treatment areas; fire and police stations; municipal government disaster operation and communication centers. B. "High-risk building" means any building not classified as an essential building. Exception: A high-risk building shall not include the following: 1. Any building having exterior walls braced with masonry crosswalls or wood frame crosswalls spaced less than forty (40) feet apart in each story. 2. Crosswalls shall be full story height with a minimum length of one and one-half(1 1/2)times the story height. C. "Unreinforced masonry bearing wall" means a masonry wall having all of • the following characteristics: 1. Provides the vertical support for a floor or roof. 2. The total superimposed load is over two hundred (200) pounds per lineal foot. 3. The area of reinforcing steel is less than fifty (50) percent of that required by Section 8-3.107 of this chapter. (Ord. 360 § 2 (part), 1999; Ord. 226 § 1 (part), Exh. A(part), 1991) 8-10.104 Rating classifications. The rating classifications shown in Table No. 8-10.104A of this section are established and each building within the scope of this chapter shall be placed in one such rating classification by the Building Official. Table No. 8-10.104A Rating Classifications Type of Building Class Essential Building I High Risk Building II . 92 • Exception: For the purpose of this chapter, portions of buildings constructed to act independently when resisting seismic forces may be placed in separate rating classifications. (Ord. 360 § 2 (part), 1999; Ord. 226 § 1 (part), Exh. A(part), 1991) 8-10.105 General requirements. A. The owner of each building within the scope of this chapter shall cause a structural analysis of the building to be made by a civil or structural engineer or architect licensed by the State of California. If the building does not meet the minimum earthquake standards specified in this chapter, the owner shall either cause it to be structurally altered to conform to such standards; or cause the building to be demolished. B. The owner of each building within the scope of this chapter shall comply with the requirements set forth above by submitting to the Building Official for review within the stated time limits: I. On or before January 1, 2005, a structural analysis, which is subject to approval by the Building Official, and which shall demonstrate that the • building meets the minimum requirements of this chapter; or 2. On or before January 1, 2005, a structural analysis and plans for the proposed structural alterations of the building necessary to comply with the minimum requirements of this chapter; or 3. On or before January 1, 2005,plans for the demolition of the building. C. After plans are submitted and approved by the Building Official, the owner shall obtain a building permit, commence and complete the required construction within the time limits set forth in Table No. 8- 10.105A of this section. Table No. 8-10.105A Time Limits for Compliance Rating Occupant Deadline for Building Permit From Date of Permit Classification Load Submission - Issuance Issuance of Deadline for Commence Rehabilitation Strengthening Within Complete Plans or Demolition Within • I Any January 1, January 1, 180 days 3 years 2005 2005 II Any January 1, January 1, 180 days 3 years 93 2005 2005 (Ord. 360 § 2 (part), 1999; Ord. 356 §§ 1, 2, 1999; Ord. 280 § 1, 1994: Ord. 226 § 1 (part), Exh. A(part), 199 1) 8-10.106 Administration. A. Service of Order. The Building Official shall issue an order, as provided in subsection (b) of this section, to the owner of each building within the scope of this chapter within sixty(60) days from the effective date of these regulations. B. Contents of Order. The order shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment, and upon the person, if any, in apparent charge or control of the building. The order shall specify that the building has been determined by the Building Official to be within the scope of this chapter and, therefore, is required to meet the minimum, seismic standards of this chapter. The order shall specify the rating classification of the building and shall be accompanied by a copy of • Section 8-10.105 of this chapter, which sets forth the owner's alternatives and time limits for compliance. C. Appeal Form Order. The owner or person in charge of or in control of the building may appeal to the Board of Appeals the Building Official's initial determination that the building is within the scope of this chapter. Such appeal shall be filed with the Board in accordance with Section 2- 12.02 of this Code. Appeals or request for slight modifications from any other determinations, order or actions by the Building Official pursuant to this chapter, shall be made in accordance with the normal appeal procedures established in this Code. D. Recordation. At the time that the aforementioned order is served, the Building Official shall file with the Office of the County Recorder a certificate stating that the subject building is within the scope of Chapter 3, Earthquake Hazard Reductions in Existing Unreinforced Masonry Buildings. The certificate shall also state that the owner thereof has been ordered to structurally analyze the building and to structurally alter or demolish it where it is not found to comply with Chapter 3. If the building is found not to be within the scope of this chapter, or as a • result of structural alterations or an analysis is found to be structurally capable of resisting minimum seismic forces required by this chapter, or is 94 • demolished the Building Official shall file with the Office of the County Recorder a certificate terminating the status of the subject building as being classified within the scope of Chapter 3 Earthquake Hazard Reduction in Existing Unreinforced Masonry Buildings. E. Enforcement. If the owner or other person in charge or control of the subject building fails to comply with any order issued by the Building Official pursuant to this chapter within any of the time limits set forth in Section 8-10.105, the Building Official shall order the entire building vacated and remain vacated until such order has been complied with. If compliance with such order has not been accomplished within ninety (90) days after the date the building has been ordered vacated, or by such additional time as may have been ordered vacated, or by such additional time as may have been granted by the Appeals Board, the Building Official may order the demolition of the building in accordance with the Abatement of Dangerous Building provisions in this Code. (Ord. 360 § 2 (part), 1999; Ord. 226 § 1 (part), Exh. A (part), 1991) 8-10.107 Analysis and design. A. General. Every structure within the scope of this division shall be analyzed and constructed to resist minimum total lateral seismic forces assumed to act nonconcurrently in the direction of each of the main axes • of the structure in accordance with the following equation: V = ZCIW_RW The value of ZCl/RW need not exceed the values set forth in Table 8- 10.107A. Exception: The Building Official, upon receipt of adequate justification prepared by a civil or structural engineer or architect licensed by the state, may accept structural analysis and design in accordance with the latest edition of the Uniform Code for Building Conservation, published by the International Conference of Building Officials, as an alternate method of compliance with the provisions of this chapter. B. Lateral Forces on Elements of Structures. Parts or portions of structures shall be analyzed and designed for lateral loads in accordance with Section 8-10.107(a) of this chapter and 2312(g) of the Uniform Building Code but not less than the value from the following equation: Fp =ZICp Wp (UBC 2312) Exception: Unreinforced masonry walls in buildings that are not of a Class I rating may be analyzed in accordance with Section 8-10.108. • The value of Cp need not exceed the values set forth in Table 8-10.107C. 95 C. Anchorage and Interconnection. Anchorage and interconnection of all • parts, portions and elements of the structure shall be analyzed and designed for lateral forces in accordance with Table No. 8-10.107C of this code and the equation Fp = ZECp Wp as modified by Table No. 8- 10.107B. Minimum anchorage of masonry walls to each floor or roof shall resist a minimum force of two hundred (200) pounds per lineal foot acting normal to the wall at the level of the floor or roof. D. Level of Required Repair. Alterations and repairs required to meet the provisions of this chapter shall comply with all other applicable requirements of the Uniform Building Code unless otherwise specifically provided for in this chapter. E. Required Analysis. 1. General. Except as modified in this chapter, the analysis and design relating to the structural alteration of existing structures within the scope of this chapter shall be in accordance with the analysis specified in Chapter 23 of the UBC. 2. Continuous Stress Path. A complete, continuous stress path from every part or portions of the structure to the ground shall be provided for the required horizontal forces. 3. Positive Connections. All parts, portions or elements of the structure • shall be interconnected by positive means. F. Analysis Procedures. 1. General. Stresses in materials and existing construction utilized to transfer seismic forces from the ground to parts or portions of the structure shall conform to those permitted by the Uniform Building Code and those materials and types of construction specified in Section 8-10.108. 2. Connections. Materials and connectors used for interconnection of parts and portions of the structures shall conform to the Uniform Building Code. Nails may be used as part of an approved connector. Table No. 8-10.107A Horizontal Force Factors Based on Rating Classification Rating . Classification ZCURW 96 . I 0.229 II 0.183 Table No. 8-10.107B Horizontal Force Factors "Zl" for Parts or Portions of Structures Rating Classification ZCl/RW I 0.50 • II 0.40 3. Unreinforced Masonry Walls_ Except as modified in this chapter, unreinforced masonry walls shall be analyzed as specified in UBC Sections 2406, 2407 and 2408 to withstand all vertical loads as specified in Chapter 23 of the Uniform Building Code in addition to the seismic forces required by this chapter. The fifty percent (50%) increase in the seismic force factor for shear walls as specified in Section 2407 (h) 4F of the Uniform Building Code may be omitted in the computation of seismic loads to existing shear walls. No allowable tension stress will be permitted in unreinforced masonry walls. Walls not capable of resisting the required design forces specified in this chapter shall be strengthened or shall be removed and replaced. Exception: (i) Unreinforced masonry walls in buildings not rated as a Class I building pursuant to Table No. 8-10.104 may be analyzed in accordance with Section 8-10.108. 97 (ii) An unreinforced masonry wall that carries no design loads other than its own weight may be considered as veneer if it is • adequately anchored to new supporting elements. G. Combination of Vertical and Seismic Forces. I. New Materials. All new materials introduced into the structure to meet the requirements of this section that are subjected to combined vertical and horizontal forces shall comply with Section 2303 of the Uniform Building Code. 2. Existing Materials. When stresses in existing lateral force resisting elements are due to a combination of dead loads plus live loads plus seismic loads, the allowable working stress specified in the Uniform Building Code may be increased one hundred percent (100%). However, no increase will be permitted in the stresses allowed in Section 8-10.108, and the stresses in members due only to seismic and dead loads shall not exceed the values permitted by Section 2303 (d) of the Uniform Building Code. 3. Allowable Reduction of Bending Stress by Vertical Load. In calculating tensile fiber stress due to seismic forces required by this chapter, the maximum tensile fiber stress may be reduced by the full direct stress due to vertical dead loads. . Table No. 8-10.107C Horizontal Force Factor Cp Applicable to Rigid Items Elements of Structures and Nonstructural Components Value of Cp* A. Part of Portion of Structure 1. Walls, including the following: a. Unbraced (cantilevered) parapets......................................................... 2.00 b. Other exterior walls above the ground floor.............................................. 0.75 C. All interior bearing and nonbearing walls and partitions.............................. 0.75 d. Masonry or concrete fences over 6 feet high........................................... 0.75 • 2. Penthouse (except where framed by an extension of the building frame)............... 0.75 98 • 3. Connections for prefabricated structural elements other than walls, with force applied at center of gravity....................................................................0.75 4. Diaphragms ........................................................................................ B. Nonstructural Components 1. Exterior and interior ornamentations and appendages.................................... 2.00 2. Chimneys, stacks, trussed towers and tanks on legs a. Supported on or projecting as an unbraced cantilever above the roof more than one-half itstotal height.........................................................................2.00 b. All others, including those supported below the roof with unbraced projection above the roof less than one-half its height, or braced or guyed to the structural frame at or above its center of mass......................0.75 3. Signs and billboards........................................................................... 2.00 4. Mechanical,plumbing and electrical equipment and machinery and associated piping............................................................................... 0.75 5. Tanks and vessels (plus contents), including support systems and anchorage.........0.75 6. Storage racks (include • contents)..............................................................0.75 7. Anchorage for permanent floor-supported cabinets and bookstacks more than 5 feet in height (includes contents)........................ ..........................0.75 8. Anchorage for suspended ceilings and light fixtures (See also Section 4701(e))...... 0.75 9. Access floor systems........................................................................... 0.75 * See Section 8-10.107(b) for use of Cp. See UBC C Table No. 23-P (1988) for footnote references. (Ord. 360 § 2 (part), 1999; Ord. 226 § 1, Exh. A (part), 1991) 8-10.108 Materials of construction. A. General. All materials permitted by the Uniform Building Code including their appropriate allowable stresses and those existing configurations of materials specified in this chapter may be utilized to meet the requirements of this chapter. B. Existing Materials. 1. Unreinforced Masonry Walls. Unreinforced masonry walls analyzed in accordance with this section may provide vertical support for roof and floor construction and resistance to lateral loads. The facing and 99 backing of such walls shall be bonded so that not less than four (4) • percent of the exposed face area is composed of solid headers extending not less than four (4) inches into the backing. The distance between adjacent full-length headers shall not exceed twenty-four (24) inches vertically or horizontally. Where the backing consists of two or more wythes, the header shall extend not less than four (4) inches into the most distant wythe, or the backing wythes shall be bonded together with separate headers whose area and spacing conform to the foregoing. Tension stresses due to seismic forces normal to the wall may be neglected if the walls do not exceed the height to thickness ratio in Table 8-13.108A and the in-plane shear stresses due to seismic loads as set forth in Table No. 8-10.108B. If the wall height-thickness ratio exceeds the specified limits, the wall may be supported by vertical bracing members designed in accordance with this section. The deflections of such bracing member at design loads shall not exceed one-tenth of the wall thickness. Table No. 8-10.108A Allowable Value of Height-Thickness Ratio of Unreinforced Masonry Walls with Minimum Quality Mortar I'2 Buildings with Crosswalks All Other Wall Location as Defined by Section AC2403 Buildings Walls of One Story Buildings 16 13 First Story Wall of Multi-Story Buildings 16 15 Walls in Top Story of Multi-Story Buildings 14 9 All Other Walls 16 13 (1) Minimum quality mortar shall be determined by laboratory testing in accordance with Section 8-10.108(e). (2) Table No. 8-10.108A is not applicable to buildings of rating Classification I. Walls of buildings within rating Classification I shall be analyzed in accordance with 8-10.107(f). • 100 • Table No. 8-10.108B Allowable Shear Stress for Tested Unreinforced Masonry Wall Eighty Percent of Seismic In- plane Test Results of PSI Average Test Results Shear Based on Not Less Than of Cores in PSI Gross Areal 30 plus axial stress 20 3 psi 40 plus axial stress 27 4 psi 50 plus axial stress 33 5 psi 100 plus axial stress 67 or more 10 psi max or more 1 Allowable shear stress may be increased by addition of 10% of the axial stress due to the weight of the wall directly above. Exception: The wall may be supported by flexible vertical bracing members designed in accordance with Section 8-10.107, if the deflection at design loads is not less than one- quarter nor more than one-third of the wall thickness. All vertical bracing members shall be attached to floor and roof construction for their design loads independently of required wall anchors. Horizontal spacing of vertical bracing members shall not exceed one-half the unsupported height of the wall nor ten (10) feet. The wall height may be measured vertically to bracing elements other than a floor or roof Spacing of the bracing elements and wall anchors shall not exceed six (6) feet. Bracing elements shall be detailed to minimize the horizontal displacement of the wall by components of vertical displacements of the floor or roof. 2. Existing Roof, Floors, Walls, Footings and Wood Framing. Existing materials including wood shear walls utilized in the described configuration may be used as part of the later load resisting system, provided that the stresses in these materials does not exceed the value • shown in Table No. 8-10.108C. 101 C. Strengthening of Existing Materials. New materials including wood shear walls may be utilized to strengthen portions of the existing seismic resisting systems in the described configurations provided that the stresses do not exceed the values shown in Table No. 8-10.108D. Table No. 8-10.108C Values for Existing Materials Existing Materials or Configuration of Materials) Allowable Values 1. Horizontal Diaphragms. a. Roofs with straight sheathing and roofing 100 lbs. per foot for seismic shear applied directly to the sheathing. b. Roofs with diagonal sheathing and roofing 400 lbs. per foot for seismic shear applied directly to the sheathing. c. Floors with straight tongue and groove sheathing. 150 lbs. per foot • d. Floors with straight sheathing and finished wood flooring. 300 lbs. per foot for seismic shear e. Floors with diagonal sheathing and finished wood flooring. 450 lbs. per foot for seismic shear f Floors or roofs with straight sheathing and plaster Add 50 lbs. per foot sheathing and plaster applied to the joist or rafters.2 to the allowable values for Items 1 a and 1 c. 2. Shear Walls. Wood stud walls with lath and plaster. 100 lbs. per foot each side for seismic shear 3. Plain Concrete Footings. f = 1500 psi unless otherwise shown by tests. 4. Douglas Fir Wood. Allowable stress same as no. 1 D.F.' 5. Reinforcing Steel. f= 18,000 lbs. per square inch • maximum.3 102 • 6. Structural Steel. f=20,000 lbs. per square inch maximum.3 ' Material must be sound and in good condition. 2 The roof lath and plaster must be reattached to existing joists or rafters in a manner approved by the Building Official. 3 Stresses given may be increased for combinations of loads as specified in Section 8-10.107.G.2. Table No. 8-10.108D Allowable Values of New Materials Used in Conjunction with Existing Construction Existing Materials or Allowable Values Configuration of Materials' From UBC Tables 1. Horizontal Diaphragms. Plywood Same as specified in Tables No. 25-J of sheathing applied directly over UBC. existing straight sheathing with ends of plywood sheets bearing on joists or • rafters and edges of plywood located on center of individual sheathing boards. 2. Shear Walls. a. Plywood sheathing applied directly Same as values specified in Tables 25-- over existing wood studs. No value K of the UBC. shall be given to plywood applied over existing plaster or wood sheathing. b. Drywall or plaster applied directly 75% of the values specified in Table No. + over the existing wood studs. 47-1 of the UBC. 3. Shear Bolts. Shear bolts and shear 100% of the values for solid masonry dowels embedded a minimum of 8 specified in Table No. 24E of UBC. No inches into unreinforced masonry values larger than those given for 1/4 walls, bolt centered in a 2-1/2 inch inch bolts shall be used. diameter hold with dry-pack or non- shrink grout around circumference of bolt or dowel.' 4. Tension Bolts. Tension bolts and 1200 lbs. per bolt or dowel. tension dowels extending entirely through unreinforced masonry walls secured with bearing plates on far side • of wall with at least 20 sq. inches of area.2 5. Wall Anchors (8-10.109(2)(a)). 103 a. Bolts extending to t he exterior face 600 lbs. per bolt. of the wall with a 2-1/2 inch round plate under the head. Installed as specified for shear bolts. Spaced not closer than 12 inches on centers.1,2 b. Bolts or dowels extending to the 1200 lbs. per bolt or dowel. exterior face of the wall with a 2-1/2 inch round plate under the head and drilled at an angle of 22-1/2 degrees to the horizontal. Installed as specified in shear bolts.1,2 Table No. 8-10.108D (Continued) Allowable Values of New Materials Used in Conjunction with Existing Construction Existing Materials or Allowable Values Configuration of Materials' From UBC Tables • 6. Infilled Walls. Reinforced masonry Same as values specified for infilled openings in existing unreinforced masonry walls. unreinforced masonry walls with keys or dowels to match reinforcing. 7. Reinforced Masonry. Masonry piers Same values as specified in Chapter and walls reinforced per Section 2407 24, UBC. of the UBC. 8. Reinforced Concrete. Concrete Same values as specified in Chapter footings, walls, and piers reinforced as 26, UBC. specified in Chapter 26 of the UBC and designed for tributary loads. 9. Existing Foundation Loads. Calculated existing foundation loads Foundation loads for structures due to maximum dead load plus live exhibiting no evidence of settlement. load may be increased 25% for dead load and may be increased 50% dead load plus seismic load required by this Division. Notes: 1 Bolts and dowels to be tested as specified in Section 8-3.107(f). 2 Bolts and dowels to be 1/2 inch minimum in diameter. • 104 • D. Alternate Materials. Alternate materials, designs and methods of construction may be approved by the Building Official in accordance with the provisions of the Uniform Building Code. E. Minimum Acceptable Quality of Existing Unreinforced Masonry Walls: 1. General Provisions. All unreinforced masonry walls utilized to carry vertical loads and seismic forces parallel and perpendicular to the wall plant shall be tested as specified in this subsection. All masonry quality shall equal or exceed the minimum standards established herein or shall be removed and replaced by new materials. Alternate methods of testing may be approved by the Building Official. The quality of mortar in all masonry walls shall be determined by performing in-place shear tests or by testing eight (8) inch diameter cores. Alternative methods of testing may be approved by the Building Official. Nothing shall prevent pointing with mortar of all the masonry wall joints before the tests are first made. Prior to any pointing, the mortar joints must be raked and cleaned to remove loose and deteriorated mortar. Mortar for pointing shall be Type S or N except that masonry cements shall not be used. All preparation and mortar pointing shall be done under the continuous inspection of a special inspector certified to inspect masonry or concrete, and approved by the • Building Official. At the conclusions of the inspections of, the inspector shall submit a written report to the licensed engineer or architect responsible for the seismic analysis of the building setting forth the result of the work inspected. Such report shall be submitted to the Building Official for approval as part of the structural analysis. All testing shall be performed in accordance with the requirements specified in this subsection by a testing agency approved by the Building Official. An accurate record shall be kept of all such tests and of their locations in the building, and these results-shall be submitted to the Building Official for approval as part of the structural analysis. 2. Number and Location of Tests. The minimum number of tests shall be two per wall or line of wall elements resisting a common force, or one (1) per fifteen hundred (1500) square feet of wall surface, with a minimum of eight (8) tests in any case. The exact test or core location shall be determined at the building site by the licensed engineer or architect responsible for the seismic analysis of the subject building. 3. In-Place Shear Tests. The bed joints of the outer wythe of the masonry shall be tested in shear by laterally displacing a single brick relative to the adjacent bricks in that wythe. The opposite head joint of the brick to be tested shall be removed and cleaned prior to testing. The • minimum quality mortar in eighty percent (80%) of the shear tests shall not be less than the total of thirty(30) psi plus the axial stress in the wall at the point of the test. The shear stress shall be based on the 105 gross area of both bed joints and shall be that at which movement of • the brick is first observed. 4. Core Tests. A minimum number of mortar test specimens equal to the number of required cores shall be prepared from the cores and tested as specified in this chapter. The mortar joint of the outer wythe of the masonry core shall be tested in shear by placing the circular core section in a compression testing machine with the mortar bed joint rotated fifteen (15) degrees from the axis of the applied load. The mortar joint tested in shear shall have an average ultimate stress of twenty (20) psi based on the gross area. The average shall be obtained from the total number of cores made. If test specimens cannot be made from cores taken, then the shear value shall be reported as zero. F. Testing of Shear Bolts. One-fourth of all new shear bolts and dowels embedded in unreinforced masonry walls shall be tested by a Special Inspector using a torque calibrated wrench to the following minimum torques: 1/2" diameter bolts or dowels =40 foot-lbs. 5/8" diameter bolts or dowels= 50 foot-lbs. 3/4" diameter bolts or dowels=60 foot-lbs. No bolts exceeding three-fourths (3/4) of an inch shall be used. All nuts • shall be installed over malleable iron or plate washers when bearing on wood and heavy cut washers when bearing on steel. G. Determination of Allowable Stresses for Design Methods Based on Test Results. 1. Design Shear Values. Design seismic in-plane shear stresses shall be substantiated by tests performed as specified in subsections (e)(3) and (4) of this section. Design stresses shall be related to test results obtained in accordance with Table No. 8-10.108B. Intermediate values between three (3) and ten(10)psi may be interpolated. 2. Design Compressions for Tension Values. Compression stresses for reinforced masonry having a minimum shear value of three (3) psi shall not exceed one hundred (100) psi. Design tension values for unreinforced masonry shall not be permitted. H. Tests Required. Five percent (5%) of the existing rod anchors utilized as all or part of the required wall anchors shall be tested in pullout by an approved testing laboratory. The minimum number tested shall be four (4) per floor, with two (2) tests at walls with joist framing into the wall and . two (2) tests at walls with joists framing into the wall and two tests at walls with joists parallel to the wall. The test apparatus shall be supported 106 on the masonry wall at a minimum distance of the wall thickness from the • anchor tested. The rod anchor shall be given a pre-load of three hundred (300) lbs. prior to establishing a datum for recording elongations. The tension test load reported shall be recorded at one-eighth (1/8) inch relative movement of the anchor and the adjacent masonry surface. Results of all tests shall be reported. The report shall include the test results as related to the wall thickness and joist orientation. The allowable resistance value of the existing anchors shall be forty percent(40%) of the average of those tested anchors having the same wall thickness and joist orientation. I. Test Procedures. Qualification tests for devices used for wall anchorage shall be tested with the entire tension load carried on the enlarged head at the exterior face of the wall. Bond on the part of the device between the enlarged head and the interior wall face shall be eliminated for the qualification tests. The resistance value assigned the device shall be twenty percent (20%) of the average of the ultimate loads. (Ord. 360 § 2 (part), 1999; Ord. 226 § 1,Exh. A (part), 1991) 8-10.109 Information required on plans. A. General. In addition to the seismic analysis required elsewhere in this chapter, the licensed engineer or architect responsible for the seismic analysis of the building shall determine and record the information required by this section on the approved plans. B. Construction Details. The following requirements with appropriate construction details shall be made part of the approved plans: 1. All unreinforced masonry walls shall be anchored at the roof level by tension bolts through the wall as specified in Table 8-10.108D, or by approved equivalent at a maximum anchor spacing of six (6) feet. All unreinforced masonry walls shall be anchored at all floors with tension bolts through the wall or by existing rod anchors at the maximum anchor spacing of six (6) feet. All existing rod anchors shall be secured to the joists to develop the required forces. The Building Official may require testing to verify the adequacy of the embedded ends of existing rod anchors. Tests when required shall conform to Section 8-10.108(h). When access to the exterior face of the masonry wall is prevented by proximity to an existing building, wall anchors conforming to Items 5 and 6 in Table 8-10.108D may be used. Alternative devices to be used in lieu of tension bolts for masonry wall anchorage shall be tested as specified in Section 8-10.108(1). 107 2. Diaphragm chord stresses of horizontal diaphragms shall be developed in existing materials or by addition of new materials. • 3. Where trusses and beams other than rafters or joists are supported on masonry, ledgers or columns shall be installed to support vertical load of the roof or floor members. 4. Parapets and exterior wall appendages not capable of resisting the forces specified in this chapter shall be removed, stabilized or braced to ensure that the parapets and appendages remain in their original position. 5. All deteriorated mortar joints in unreinforced masonry walls shall be pointed with Type S or N mortar. (Masonry cements shall not be used.) Prior to any pointing, the wall surface must be raked and cleaned to remove loose and deteriorated mortar. All preparation and pointing shall be done under the continuous inspection of a special inspector certified to inspect masonry or concrete, and approved by the Building Official. At the conclusion of the project, the inspector shall submit a written report to the Building Official setting forth the portion of the work inspected. 6. Repair details shall be prepared for any cracked or damaged unreinforced masonry wall required to resist forces specified in this chapter. C. Existing Construction. The following existing construction information shall be made part of the approved plans: 1. The type and dimensions of existing walls and the size and spacing of floor and roof members; 2. The extent and type of existing wall anchorage to floors and roof, 3. The extent and type of parapet corrections, if any, which were performed in accordance with the Uniform Building Code; 4. Accurately dimensioned floor plans and masonry wall elevations showing dimensioned openings,piers, wall thickness and heights; 5. The location of cracks or damaged portions of unreinforced masonry walls requiring repairs; 6. The type of interior wall surfaces and whether reinstalling or anchoring of ceiling plaster is necessary; 7. The general condition of the mortar joints and whether the joints need • pointing. (Ord. 360 § 2 (part), 1999; Ord. 226 § 1, Exh. A(part), 1991) 108 • 8-10.110 Glossary of symbols and notations. C = Numerical coefficient as specified in UBC Section 2312 (e) 2B. cp = Numerical coefficient as specified in UBC Section 2312 (g) and given in Table No. 23-P. PC = Specified compressive strength of concrete, psi. Fp = Lateral forces on a part of the structure. fT = That portion of the base shear, V, considered concentrated at the top of the structure in addition to Fn. hN = Height in feet above the base to Level i,n or x respectively. I = Importance Factor given in UBC Table No. 23-L. R,,, = Numerical coefficient given in Tables 23-0 and 23-Q of UBC. V = The total design lateral force or shear at the base. W = The total seismic dead load as defined in UBC Section 2312(e)l. Wp = The weight of an element or component. Z = Numerical coefficient of 0.40 for Seismic Zone 4. (Ord. 360 § 2 (part), 1999; Ord. 226 § 1, Exh. A(part), 1991) • CHAPTER 11 PRIMARY ENERGY CODE 8-11.101 Adoption of California Energy Code: Certain documents marked and designated as the "California Energy Code", 2001 Edition, specifically including, without limitation, the California Building Standards Commission's Emergency Standards "Building Standards Bulletin 01-03", dated on or about August 1, 2003, are hereby adopted for establishing administrative, organizational and enforcement rules and regulations for technical codes that regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings. Regulations, provisions, conditions and terms of such "California Energy Code", 2001 Edition, on file in the Building Division, are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter. CHAPTER. 12 POST DISASTER REGULA11ONS 8-12.101 SCOPE. This SUbchapter establishes standard pl�Lca.rds_to be used-to indicate the conditioil of a structure • for Continued oc,cur)ancv after_��nv natural or inaii,__m��dt disaster. It further authorizes Building Services as well as authorized representatives to post appropi late placards at each entry point to a building' or structure upon completion of a safety assessment. This subchapter also establishes 109 standards and reQdations for the repair and reconstruction of`structures darnaged as a result of a disaster I-or which a local emer,yenc-,,, has becti declared by the City Council. The subeliamer • disaster...............................................................local..---------- ........................... does not allwvy emp xetions from the buildin- fire electrical, meclianical. and Imb I)ILino codes, ............. and other codes. 8-12.1,02 APPI.A(.IATION OF PROVISIONS. A. I-he orovisions of this spbcha tc[ a I (gs and structures -:4jLp ........................... ............. re ulatecl --_,_ppj'cal)].e to all buildin by the city following each disaster a disastefter a local erner-ency has been declared by the City Council. B. The TeQuirements of this subchai)ter mav be waived bv the Buil.dim'-, Official. The.... ................ n engi.1jecrinfz eva:luaticLij in. Section 8-12.10' of the Atascadero Municipal Code. 8-12.103 DEFINITIONS. For the pug)ose.ofthis subchgpterthefiollowing definitions shall qpply: ARCHITEC"L A Derson licensed by the State ofCalifornia to practice architecture as prescribed by the State of California Business and Professions Code. BUILDING OFFICIAL. The officer or other designated authority charged with the administrat*on and enforcement of this subchaMer, or m dgly authorized reesentative. I LI CIVIL ENGINEER. ...A_.person registered by the State of California to practice civil Mincering as p escribed by the State of California BLIS'nc,;g and Professions Code. CURRENT CODE. The edition of the California Building, Code published by the International Code Council, as adopted by the city in accordance with operation of."ImA, VLLtsuant to Cal. Health & Safety Code 18938. -The­ rnedition-to be aTmIled shall be that edition in at the time of the declaration o#_a local een4encvbv the City Council. ENGINEERING EVALUATION. An evaluation of a damaged building or structure or sus)..i...e.c..te-d darnaQed building or strUCtUrC. P�Zr, med under the direction of a structural of the building or structure. em --------...... g-ineer, civil em-yincer, or architect retained by the ownej .................... ENGINEERING EVALUATIONS shall, at a nunimum, contain recommendations for repair with &ipropriate opinion of constniction cost for those repairs...... All ENGINEERING EVAIXATIONS shall include the emyincerls or architects stamp, wet-,s: jgjjAqLq,_and license expiration date. ESSENTIAL SERVICE FACILITY. Those buildings or structures designated by the city to house faciliti for emengena lith _�1).�gations SUbSeQ Lient to a disaster. _js_sarylor err._-- ------ 110 • EVENT. Ativ occurrence which results In. the declaration of a disaster by the City Council. includim-) but not limited to. wind storms, earthouakes, fire and floods. ..........--........... ...........and--.-......................- HISTORIC BUILDING OIZ STRUCTURE Any building or structurc regIstered with a (bderalstate, county, or city governnient, or the register of' points of interest. AND STRIJCU rrRES shall also include those buildings and structures xx"ffim a recognized historic district. .............. .......! -.- ............... SAFETY ASSESSMENT. A visual examination of a buildi.n,,,, or structure for the p 0)q.5ether continued occui) wh I ancv is at.)nronriate a natural .............................................. or man-madc disaster. _. .__ ----------------.— STRI,TCTI..J"R.Al.., .EN(ir]NEER. A person registered by the State of"C'allforn.la to practice civil Lind to use the title structural envineer as defined in the State of .....defined............................. .................... ........ California .Business and Professions Code. REPLACEMENT VAIAJE. The dollar value. as deterrnined by a Building Official. for Eep]agj -yed structure-with a new structure of the same size--savoe of n(y a dama( .1. lne V......... construction and sarne occupancy, and located on the same site. VALUE Of REPAIR. The dollar value, as determined by a BuIldim, Official for makit t-, necessary- repairs to the damaged structure. 8-12.104 PLACARDS. A. T'he follow1m, official placards shall be used tq_dgsjgn4_q the conditlop of buildi .........................Z----- - or structures followin--, a disaster. 1. Green: "INSPEC-FED — Lawful OqqM , gy Perqlittt� e. -,..osted oil any _qn ay-tie 11 .b-g..I Id-ing-o-i,--,structure where no pDarent hazard has been found. Placement of this placard does not mean that there is no damage to the building or structure. 2. Yellow: "RESTRICTED OR LIMEFFID FINTRY" may be posted on each darna�4ed building or structure where the ctaiRage Ilas created a 11azardous ............ condition whichjustifies restricted occupancy. rheBuildingOfficial who posts this placard will note in gn ,,era]. terms the hazard created and will note in ggjeral. terms the hazard created arid will clearly -an-d c.p.n.g.sely note the restrictions on occpane fir.. ........... 3. Red: -LINSAl"F; .......Q-o Not F'Inter or Occupy- may be posted on each damage buildinf-, or structure such that continued occuT)ancv poses a threat to tiff; or ................. ........... .................... licalth. Buildiruys or structures he-.gijtore d only after authorization in writing by a building official. Safety assessment teams • are authorized to enter these buildings at any time. This placard shall not be used. or considered as a demolition. order. The official who r)osts th.is placard shall e notin ,�,eneral ternis d4ma,:,,q encountered. ................ C. Once the placard has been attached to a buildiiw or strUCtUrC. it shall not be removed, • Once........................... -................ ......... been .................... lac. Itered or covered until authorized b-,i a buildim, official. 8-12.105 REPAIR CRITERIA. Buildings and structures of`all occupancies which have been. darnage I as the result of a disasteE,--except as otherwise noted, shall be repaired in accordance with the following ...................---....................---.............. ................ criteria: A. When the estimated value of rgpairs does not exceed 10% of the repl acernent value of the structure,...tile darnaged i Ln be restored to the pre-disaster cond't' when the dania-ed elements include suspended ceilin- systems. the ........................ ......................tz� -..................... ceiling system shall be repairedwith all bracing required by current code. B. When the estimated value of repair is greater than 1.0% but less than 50", of the estimated............. rei7lac n7 /or 111-yalp-e----ofthestructure, the damaged elem.ents shall be repaired and' broulrt into eoralonnance with the structural requirements of the CUITC11t Codes. -hen the estimated value of repair is 50% or more of ic i-ppiagg, enL value of the C. W 11........... ............... estimated_.................. D structu:re, the entire structure shall be brogoit into conformance with the Fire and life ....................-....lire,.......... safety and structural requirements of the current applicable codes. • DIn Group R, Division ').oqLLjpgLjqics. the repair value of dqrnagcd....-c1..vJj.i..i n-gy.s.-may be excluded from the commtation of perceijtag��of replace nent value. ............ 8-12-106 REPAIR CRITERIA FOR HISTORIC BUILDINGS OR S'T'RUCTURES. A. Buildimus or structures which are included on a national, state, or local register of historic places or which are qualifying StTUCtUTes within a recognized historic district, which have been damaged as a result of a disaster shall have an engineering �etialuatiotl performed. B. The minium criteria for repair shall be as included in 8-12.107 with due consideration given to.the historical rating and nature of the structures. Additional standards and criteria, as noted in the CaL Code of Rees. 24,.PpCL� shall apply. C. Where conflicts exists between the standards contained herein and the State of —Ca I'forn'a I I istor'c Code, the Historic Buildina Code shall. govern. -E-1-1.12........................... 8-13407 REPAIR CRITERIA FOR UNREINFORCED MASONRY-BIJILRINGS. All daniaged buildin,-,s determined to he bearing wall buildings constructed of • -------j------- ........................................... j!nEe. 'nforced maso......nr-v---shall be reraired and sere_ mythened to fUIIV COMDV..........ith the 112 requirements o1- the Lni(onn Code l()r Buildin,=� Consen�ation and the, Atascadero • Municipal Cde. SECTION 3: The City Council finds that the changes made the uniform codes are enacted to mitigate the threats posed to public peace, health and safety from earthquakes and fire. In this regard, the recitals set forth in this Ordinance are incorporated herein by reference as findings. Moreover, it can be seen with certainty that adoption of this Ordinance will not have a significant adverse effect on the environment and is therefore exempt from California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines. Staff is directed to file a notice of exemption within five (5) days of the adoption of this Ordinance. SECTION 4: If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective. • SECTION 5: 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. • 113 INTRODUCED at a regular meeting of the City Council held on June 14, 2005, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on June 14, • 2005,by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF ATASCADERO By: Wendy Scalise, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk • APPROVED AS TO FORM: Patrich Enright, City Attorney • 114 ITEM NUMBER: B -3 DATE: 06/14/05 "w ripe e ■ n iei$ " e � 7a s , City Council Agenda Report Staff Report - Public Works Department Placing Sewer Service Charges on the 2005-06 Property Tax Rolls RECOMMENDATION: Council adopt the Draft Resolution adding service charges to the 2005-06 property tax rolls. DISCUSSION: • City Ordinance provides for the collection of sewer- service charges on the general County tax bills. Charges have been collected in this manner since the County Sanitation District was dissolved in 1984. The attached resolution has been prepared to accomplish the necessary collection through the 2005-06 property tax bills. There is no increase in the sewer service rates. A Notice of Public Hearing has been published noticing this action. The relevant area of discussion during the public hearing is whether or not the property owner is responsible for all or any portion of the sewer service charge that is listed on Exhibit A. Any questions or concerns received during the public hearing should be referred to staff for resolution prior to submitting the charges to the County Auditor by the July deadline. FISCAL IMPACT: The City will bill $1,558,301.20 in sanitation service charges for Fiscal Year 2005-06. ATTACHMENTS: 1. Draft Resolution 113 DRAFT RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ADOPTING SERVICE CHARGES TO BE ADDED TO THE 2005-06 PROPERTY TAX ROLLS WHEREAS, Council has duly held a public hearing concerning the addition of the 2005-06 service charges to the 2005-06 property tax bills; and WHEREAS, due notice was given to the public in accordance with Section 5473 of the Health and Safety Code; and WHEREAS, at said hearing the attached report marked "Exhibit A" containing such charges was duly received by said council; and WHEREAS, at said public hearing opportunity was given for filing objections and protests and for presentation of testimony of other evidence concerning same; and WHEREAS, it is in the public interest that this body adopt the charges and determine and confirm the report presented at the hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero, as follows: Section 1. That the recitals set forth hereinabove are true, correct and valid. • Section 2. That Council hereby adopts the service charges set forth on the attached report marked "Exhibit A" which is hereby expressly incorporated herein by reference as though here fully set forth; and Council hereby determines and confirms the report containing such charges as set forth in said "Exhibit A" and hereby further determines and confirms that each and every service charge set forth in said report is true and accurate and is in fact owed. Section 3. That the charges as so confirmed and determined and adopted shall appear as separate items on the tax bill of each parcel listed in said report, and such charges shall be collected at the same time and in the same manner as ordinary County ad valorem taxes are collected, and are subject to the same penalties in the same procedure and sale in case the delinquency is provided for such taxes. Section 4. The City Clerk shall file a certified copy of this resolution and said Exhibit A with the County Auditor upon its adoption. 114 Resolution No. Page 2 Section 5. This resolution is approved by at least a two-thirds vote of said Council. On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety by the following vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO Marcia M. Torgerson, C.M.C., Wendy Scalise, City Clerk Mayor 115 EXHIBIT A Due to the length of this document, it has not been reproduced as an attachment, however, it may be reviewed in the office of the City Clerk 116 ITEM NUMBER: C- 1 DATE: 06/14/05 iiia .q a' X7_9 ' �Ascan�/ Atascadero City Council Staff Report- City Manager's Office Local Road Improvement Loan Program RECOMMENDATIONS: Council: 1. Direct staff to move forward with the Local Road Improvement Loan Program and authorize the City Manager to enter into a two-year agreement with Santa Lucia Bank instituting the program and to sign all other financial agreements required for the program; and, 2. Authorize the Administrative Services Director to deposit up to $500,000 in the form of negotiated certificates of deposit to be used as collateral for the loan program. REPORT-IN-BRIEF: At the January 11, 2005 council meeting, the City Council directed staff to develop a loan program that would provide an alternative to assessments for neighborhoods that wanted to improve their local roads. An alternative presented that evening was establishing a loan program to improve roads. The program would be privately administered by a local bank and loans would be made available to all residents regardless of financial condition or credit. This would be accomplished by having the City enter into a partnership with the bank by depositing funds to serve as collateral to the bank loans issued for road improvements. The deposit would secure the loans, therefore guaranteeing a low interest rate and accessibility to the loans regardless of a resident's financial situation. The City would work with neighborhoods on determining the repairs needed and would walk them through the construction process. The bank would manage all aspects of the loan program. Neighborhoods would need to select contractors and coordinate financial support for the project on their own. If the Council approves the program this evening, loans could be made as early as July 1, 2005. 117 ITEM NUMBER: C- 1 DATE: 06/14/05 Background Atascadero has several miles of local streets not maintained by the City that are falling into disrepair. Likewise, funding is not available for improvements to several City- maintained streets. Last year, certain neighborhoods indicated interest in forming an assessment district to improve their local streets. Neighbors were polled to determine if support existed for such districts. Results determined that none of the 11 neighborhoods wanted to go forward with assessments for local street improvements. This was largely based on the cost of the assessments which were estimated at $600- $4,000 per year depending on the condition of the street. Even though there is no interest in assessment districts, there is an option. Neighborhoods could still independently move forward with improvements. If a neighborhood decides to improve their street outside of a formal assessment it would be considered a private process between property owners, and could actually be more cost-effective. This is because the neighbors would not be required to pay prevailing wage and they would not need to pay for an engineer's report or the City's administrative costs for managing the assessment district. The neighbors would need to hire an engineer and construction company on their own and would be required to get an encroachment permit from the City. While this is a good alternative, there are still a few concerns. First, the neighbors will need to come together to agree on the improvements being made, the construction timeline, and who will actually coordinate the project and contractor selection. Second, the project may be unaffordable for some residents,who either don't have the cash on hand or may not have access to financing. This is where the City's loan program would come into place. A secured loan program, sponsored by the City, would provide access to capital for all residents at a lower cost than commercial loans. Even with the program, there will still be situations where neighbors either will not or can not afford to pay. Because the improvements are a private matter between neighbors, residents cannot be mandated to pay as is the case with a voter-approved assessment. This could cause problems for neighborhoods if there is not general consensus to financially support the project. Administration of Local Road Improvement Loan Program In order to create a loan program, the program needed to be developed and a financial partner selected. In March, staff released a request for proposals to all local financial institutions to see if there was interest in such a program. Financial institutions were asked to respond to questions related to how they would operate the program, how much they would charge and their prior experience in lending. Santa Lucia Bank, based in Atascadero, was the successful respondent and has been selected to manage the program. Santa Lucia Bank has agreed to manage the day to day operation of the program, including managing the loan approval and issuance process, providing notification to homeowners regarding all aspects of the loan, disbursing funds to contractors, and determining defaults. The City will be responsible for selecting and approving projects, providing collateral funds in a timely manner and cooperating with the bank's requests. The obligations and roles of each party are spelled out in the attached agreement (Attachment A). 118 ITEM NUMBER: C- 1 ` DATE: 06/14/05 The loans proposed under this program will be subordinate to first trust deeds, second trust deeds, and home equity lines of credit. Loans will also be available to residents that might not otherwise qualify for a traditional bank loan. This can be accomplished because the City will secure the loans by depositing an amount equal to the total loan being requested by property owners for street improvements. These funds will serve as collateral against the residential loans, therefore guaranteeing access and a lower interest rate on the note. The deposit would be in the form of a negotiated certificate of deposit (CD) and would be a part of the City's investment portfolio. The annual yield of the CD will be based on the prevailing rate for a 10-year CD at the time the loans are funded. The interest rate charged to the homeowners for their loan will be tied to the CD rate. The rate will be 50 basis points (0.50%) higher than the CD's yield. This spread will go to the bank to cover the program's cost. Loans will be issued for a ten-year term. Should a homeowner default on their loan, the City would surrender a portion of the collateral equal to the resident's unpaid balance. The bank would then transfer the recorded deed of trust to the City for the remaining balance. The City would collect this amount when the house sold, we could choose to foreclose or we could place a lien on the property. The Local Road Loan Program Process As previously mentioned, the local road loan program requires investment from the neighborhood, City, and a local bank. The following steps illustrate how the program would work: 1. Neighbors meet to discuss the conditions of their local road and determine if there is interest in fixing/rehabilitating the street. A neighborhood spokesperson/coordinator is selected. 2. City staff hosts a neighborhood meeting to discuss the repairs needed, review the process, and provide an initial timeline and cost estimates. 3. After the meeting is finished, neighbors would need to determine if they would like to move forward. A majority of residents living along the street being considered for improvement must sign a petition consenting to having the improvements being done. 4. If the community votes to move forward with street improvements, the next step is to determine how many of the neighbors will financially support the project. Because this is not an assessment, residents cannot be forced to pay for the project. If it is determined that there are enough homeowners committed to financially supporting the project, the project will move forward. - If there is support, neighbors may approach the bank and begin processing a standard loan application. 5. Those financially supporting the project would work together to hire an engineer to work with City staff to design the street improvements. Once designs were completed, they would be submitted to the City for review. Because improvements are being made to the public right-of-way, the City will waive all related development fees. The engineer will also provide cost estimates to the residents. 119 ITEM NUMBER: C- 1 DATE: 06/14/05 6. If the plans are acceptable to the City Engineer, he will approve the plans. The contractor working with the neighborhood will now be eligible to receive an encroachment permit. At this point the local bank will begin the funding process. 7. A resident may choose to financially participate outside of the loan program by depositing their whole contribution directly with the bank. These funds will be held in an escrow account for the project. 8. Residents will be notified if they are approved for a loan. If a resident does not meet the banks standards, the bank will notify the City and the City may still approve the loan. 9. Once financing has been arranged, the contractor will be notified by the neighbors, they will pick up their encroachment permit and work can begin. 10. The City will inspect the project throughout construction. The project must be completed to the pre-arranged standards before payment will be provided. 11. The City will provide the bank with a notice of project completion. Once the notice is received, the bank will disburse payment to the contractor. 12. Residents will then make payments on the note for a period of ten years. The loan will be fixed. 13.If a loan defaults, the City will inherit the recorded deed of trust and will collect on the note when the property sells or the City could choose to foreclose against the assigned promissory note and deed of trust. FISCAL IMPACT: The City will deposit up to $500,000 to secure loans for road improvements. Interest on the deposit will be based on the prevailing rate for 10-year certificates of deposit and will be paid semi-annually. There is a slight financial risk if residents enrolled in the program default on their loans. ALTERNATIVES: 1. Do not move forward with the program ATTACHMENTS: Attachment A: Agreement between the City of Atascadero and Santa Lucia Bank 120 ITEM NUMBER: C- 1 DATE: 06/14/05 ATTACHMENT A AGREEMENT BETWEEN THE CITY OF ATASCADERO AND SANTA LUCIA BANK FOR SERVICES RELATED TO THE LOCAL ROAD IMPROVEMENT LOAN PROGRAM This agreement is made upon the date of execution, as set forth below, by and between Santa Lucia Bank, hereinafter referred to as "Bank", and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City". The parties hereto, hereby agree to the following terms and conditions: 1.00 GENERAL PROVISIONS 1.01 PURPOSE: To establish a partnership between a bank and the City that provides low interest loans to neighborhoods for improving their local streets. The City will deposit funds in the form of a negotiated certificate of deposit with the bank to be used as collateral for the loans. This collateralization allows loans to be made to all residents regardless of their credit and also provides a competitive, fixed interest rate. Bank administers the loan program on behalf of the City. 1.02 TERM: This agreement will become effective on the date of execution set forth below, and will continue for a period of two years. At the conclusion of the initial term, new loans will not be offered unless the agreement is extended for another term mutually agreed to by both parties. 1.03 SERVICES TO BE PERFORMED BY CONSULTANT: Bank agrees to perform or provide the services specified in "Obligations of Bank" section of this agreement. Bank shall determine the method, details and means of performing the above- referenced services. 1.04 COMPENSATION: In consideration for the services to be performed by Bank, namely the administration of the program, Bank shall charge the borrowers the negotiated CD rate for the City's collateralized funds plus .50%. The rate shall be fixed for the term of the loan. This shall be the only compensation Bank receives for administering the loan program. 2.00 OBLIGATIONS OF BANK 2.01 LOAN ADMINISTRATION/APPROVAL: Bank agrees to manage all components of the loan application and approval process including the processing of applications, correspondence with borrowers, running credit checks, property valuations and title searches, and collection of payment. For purposes of loan approval, the maximum loan to value for any given loan will be 90%. The City has the option to approve a credit that would not meet the bank's 121 ITEM NUMBER: C- 1 DATE: 06/14/05 normal underwriting standards as to credit criteria, loan to value maximums, and/or income. 2.02 NOTIFICATION: Bank shall serve as the responsible party for all communications with participants regarding the loan program including but not limited to loan award, payment collection, loan status, default, and changes to the program. 2.03 RELEASE OF FUNDS: Bank shall only release loan proceeds to the approved general contractor performing the work, and only after the City has given final sign-off to the project. 2.04 DETERMINATION OF DEFAULT: Default will be defined by Bank as any loan that has become more than 60 days past due. The City will be notified of the default and the default process will be completed within 90 days. Upon default and payment in full of the Santa Lucia Bank note, Bank will assign all rights under the executed promissory note and deed of trust to the City. 2.05 PLEDGING OF ASSETS: Bank will enter into an agreement with the City regarding the pledging of bank assets to collateralize the certificate of deposits provided as collateral to the loans as defined under Government Code Section 53601. 2.06 CERTIFICATE OF DEPOSIT: Bank will deposit the City's funds being used for collateral-in the form of a ten-year certificate of deposit. The rate on the certificate will be negotiated by both parties at the time of funding and interest shall be paid semi-annually. 2.07 REPORTS: Bank will provide reports on loans included in this program on mutually agreed upon intervals. 2.08 INDEMNIFICATION: Bank hereby agrees to, and shall, hold City, its elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from Bank's or any of Bank's employees' agents' negligent operations, errors and omissions, be by Bank or by any one or more persons directly or indirectly employed by, or acting as agent for, Bank. 3.00 OBLIGATIONS OF CITY 3.01 COOPERATION: City agrees to comply with all reasonable requests of the bank necessary to the performance of Bank's responsibilities under this agreement. 3.02 PROJECT SELECTION/DESIGN/APPROVAL: The City will meet with neighborhoods to answer questions about the program and will provide information regarding the process for making the street improvements being requested. Upon expression of interest from a given neighborhood to financially support the project, receipt of a signed petition from 51% of the residents along the impacted street consenting to the project, and receipt of construction documents that are within the City's standards, the City shall issue an 122 ITEM NUMBER: C - 1 DATE: 06/14/05 encroachment permit for access to the street, therefore authorizing the pending street improvements. 3.03 PROVISION OF FUNDS: The City p g will deposit funds being used for loan collateral within a timely manner and before the loan is funded. 4.00 TERMINATION OF AGREEMENT 4.01 TERMINATION ON NOTICE: Notwithstanding any other provision of this agreement, at any time, without cause by giving at least thirty (30) days prior written notice to the other parties to this agreement. Termination shall apply to future loans only and does not relieve obligations already established from previous loans. 4.02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events: (1) Bankruptcy or insolvency of any party; (2) Sale of the business of any party; (3) The end of the thirty 30 days as set forth in Section 4.01; (4) Assignment of this agreement by bank without the consent of the City. 5.00 MISCELLANEOUS 5.01 REMEDIES: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies new or hereafter allowed by law or equity. 5.02 NO WAIVER: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement. 5.03 ASSIGNMENT: This agreement is specifically not assignable by bank to any person or entity. Any assignment or attempt to assign by Bank, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4.02. 5.04 ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach thereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. 5.05 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party: 123 ITEM NUMBER: C- 1 DATE: 06/14/05 PARTY ADDRESS A. CITY OF ATASCADERO 6500 EI Camino Real, Suite 6 Atascadero, CA 93422 Attention: Assistant City Manager B. SANTA LUCIA BANK 7480 EI Camino Real Atascadero, CA 93422 Attention: Senior Vice President-Credit 5.06 GOVERNING LAW:This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises. 5.07 BINDING EFFECT: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as a consent by City to any assignment of this agreement or any interest in this agreement. 5.08 SEVERABILITY: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule. 5.09 SOLE AND ENTIRE AGREEMENT: This agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This agreement correctly sets forth the obligations of the parties hereto to each other as of the sate of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. 5.10 DUE AUTHORITY: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 5.11 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments of exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 124 ITEM NUMBER: C- 1 DATE: 06/14/05 5.12 AMENDMENTS: Amendments to this agreement shall be in writing and shall be made only with the mutual written consent of all of the parties to this agreement. Executed on , 2005, at Atascadero Attest: CITY OF ATASCADERO By: Marcia McClure Torgerson Wade G. McKinney City Clerk City Manager Approved as to form: By: Patrick L. Enright Larry H. Putnam City Attorney President/CEO Santa Lucia Bank 1%5 ITEM NUMBER: C-2 DATE: 06/14/05 n 1918 Atascadero City Council Staff Report- City Manager's Office Community Survey on Local Taxes and Assessments RECOMMENDATIONS: Council: 1. Direct staff to research levels of support through community polling for an increase in the local sales tax rate; and, . 2. Appropriate $10,000 from the General Fund Reserve, to hire the Lew Edwards Group, a public opinion and research consulting firm, to assist in identifying key issues, problems, and opportunities unique to the City and to evaluate survey results for levels of support and voter trends. REPORT-IN-BRIEF: At the January 11, 2005 Council meeting, the City Council directed staff to move forward with a scientifically accurate poll to determine levels of support for a special tax or assessment for certain specific purposes such as road maintenance or public safety. Staff has developed the survey and was prepared to move forward with the polling. Since that time, however, the environment has changed. The City of San Luis Obispo, the region's leading sales tax producer, has decided to move forward with a general sales tax increase ranging from 1/4 cent to 1/2 cent. In preparation, the city hired a pollster and a public opinion and research firm to determine levels of support. Results have determined that almost 60% of residents would support an increase in the sales tax. During this time, several other cities throughout the county have indicated that they would also be considering a general sales tax increase. Each of these cities is considering placing the tax on the November 2006 ballot. The sales tax rate in San Luis Obispo County Is the lowest allowed by state law with only one cent ($0.01) or 14% of the tax collected going to local services. 126 ITEM NUMBER: C-2 DATE: 06/14/05 With this new information, it would be prudent to include questions regarding a sales tax increase in our survey. Additionally, to ensure the questions contained in the survey are written in a manner that gathers the most accurate response, and that the analysis performed after the results are submitted is as precise as possible, staff is recommending that a public opinion consultant be hired. DISCUSSION: County-wide Tax Measure During the past several years, the state of California has taken millions of dollars from local governments used for critical services and the funding has never been returned. This, along with increased citizen demand and expectations, has made it necessary for cities to consider local tax initiatives. Atascadero is not alone in considering additional revenue measures. Several cities throughout the county have already enacted local taxes on utilities or citywide assessment districts for specific purposes, including the cities of Paso Robles, Grover Beach, and San Luis Obispo. In recent months, the mayors and city managers of San Luis Obispo County have been discussing the concept of increasing the sales tax across the county to preserve critical services such as public safety, and road and park maintenance. The concept being discussed is that all cities would place a measure on the November 2006 ballot to raise sales tax by either a 1/4 cent or a '/2 cent. Proceeds from the tax would go to local services. The City of San Luis Obispo has taken the lead and has received favorable results in preliminary polling. Locally generated taxes are important in that they are one of very few sources of revenue that the state cannot take away. In prior surveys, Atascadero residents have stated that fixing roads, improving public safety, increasing park maintenance and open space and revitalizing downtown were important to them. Further, a majority of residents supported an increased property tax for these purposes if it was $100 or less. Data was not collected for an increase to the sales tax. Staff is recommending that the council consider an increase in the local sales tax and add such questions to the community survey. The Lew Edwards Group The Lew Edwards Group, a public opinion and finance measure consulting firm specializes in helping governments educate their citizenry to ensure success on financial measures. Their clients have passed more than $10 billion in California finance measures with a 90% success rate. In November 2004, the firm was successful in 100% of its finance measures attempted. If hired, initially, the Lew Edwards Group will work with the pollster to design the survey, ensure the random voter population called is representative of those likely to vote, and they will analyze the data and provide conclusions on next steps based upon their experience in the field. Should the polling indicate that a sales tax or other tax measure has support, the Lew Edwards Group would be available to coordinate a public awareness campaign including all related materials and meetings. The City of San Luis Obispo is using the services of the Lew Edwards Group. 127 ITEM NUMBER: C-2 DATE: 06/14/05 FISCAL IMPACT: A scientific survey will cost approximately $25,000 to conduct and funds have already been authorized for this purpose. An additional $10,000 is required to obtain the services of the Lew Edwards Group. Should the City choose to move forward with an election for a special tax or sales tax increase, an additional $45,000 would need to be allocated to fund the public education and outreach component. Sales tax collection in FY 04-05 is expected to be $3,600,000. A '/a cent increase would yield the City an additional $900,000 in revenues, and a '/2 cent increase would yield $1,800,000. ALTERNATIVES: 1. Move forward with polling for assessment districts and special tax only. 2. Move forward with polling for assessment districts, special taxes and a sales tax without the assistance of a public opinion consultant. 128 ITEM NUMBER: C-3 ` DATE: 06/14/05 CA►DF. j Atascadero City Council Staff Report -Community Development Department SMARA Compliance Report 2005 Millhollin Mine (CUP 96003) RECOMMENDATIONS: Council: 1. Direct staff to prepare and execute a formal agreement that would allow stockpiling of materials in the southern portion of Phase 2; and, 2. Request the operator provide'an updated restoration cost estimate for staff's review. Upon staff's approval of the estimate, a new financial assurance bond would be required to be posted. DISCUSSION: Background: The Millhollin Quarry was established in 1945. Although the Quarry was established within an area already subdivided (Atascadero Colony, 1914), its establishment preceded the development of the majority of surrounding properties which are now predominantly residential. The Quarry was used on a very small scale for approximately 45 years. ■ March of 1980 - A Reclamation Plan was approved for the Quarry by the County of San Luis Obispo. Although the City had incorporated eights months prior, the County continued to process land use applications for about one year after incorporation until such time as the City was staffed and able to assume that function. As a result of procedural oversights and technical inconsistencies, the 1980 Reclamation Plan did not undergo environmental review pursuant to the California Environmental Quality Act of 1970 (CEQA) nor was it subject to State review as required by the Surface Mining and Reclamation Act of 1975 (SMARA). Without any public notice, the approval of the 1980 Reclamation Plan went unchallenged. 129 ITEM NUMBER: C-3 DATE: 06/14/05 ■ 1991 - The County of San Luis Obispo (the customer of the Quarry) intensified their use of the Quarry significantly. This increased level of activity caused 10 neighboring residents to contact the City with short-term operational questions (noise, dust, traffic, etc.) and long-term end-use questions (closure date, final site condition, etc.). It was then that the City discovered that the State still considered the County to be the lead agency responsible for ensuring SMARA compliance within the Millhollin Quarry. ■ 1992 - The City of Atascadero became certified by the State Mining & Geology Board as lead agency under SMARA. ■ June of 1993 - The City ordered that an amended reclamation plan be prepared for the Millhollin Quarry that would address the operational concerns and establish a "sunset date" when mining activities would cease and the site would be reclaimed in an acceptable manner. From June through December of 1993 numerous plans were submitted and deemed inadequate. During this time, the County escalated their operations at the Quarry which further upset the neighbors. ■ December of 1993 - The Council directed the Quarry to be closed until an adequate amended plan was submitted. September of 1994 The Interim Operational Agreement was approved by Council. Neighboring residents were dissatisfied with the approval of the Interim Agreement and filed suit against the City and mine owner. ■ March 1996 - All parties agreed that City staff would prepare the amended Reclamation Plan and supporting environmental documentation. ■ October 1996 - City Council approved revised Reclamation Plan and Operations Agreement in the form of Conditional Use Permit 96003. The lawsuit was subsequently settled. Analysis: The 1996 Millhollin Quarry Reclamation and Closure Plan (CUP 96003) has two components that require City inspections and monitoring for compliance. The first component is the Operations Agreement. The Operations Agreement deals with the day to day operation of the Mine and minimizing impacts to the surrounding neighborhood. The second component is the long term SMARA Reclamation Plan that requires the site to be restored as phases of the mining operation are completed. 0 130 ITEM NUMBER: C-3 DATE: 06/14/05 k Picture of mine prior to reclamation activity SMARA Reclamation Compliance The overall purpose of SMARA is to ensure that open pit mines are restored or reclaimed during the mining process so that they don't become long term nuisances. The 1996 Plan requires the mining operation to be completed in 2011 and the entire site to be restored. Restoration is defined by the Plan as returning the site to grazing land with 50 native oaks that would then be available for residential development. The City's role in this process is to monitor excavations and restorations for compliance with the Plan and make annual reports to the State of California. In order for the City to determine compliance, the operator is required to provide annual information related to the excavations, material removal, topsoil retention, and reclamation. Annual Inspection The City sent the operator a letter on April 4, 2005 requesting that new topographic survey maps of the Mine be submitted so that the City could perform its annual inspection. City staff-met with the operator's surveyor on the site on April 19 and May 26, 2005 to inspected the mine and assess reclamation compliance. 131 ITEM NUMBER: C-3 DATE: 06/14/05 Phase 1: j Recontoured and I / �_ ••` ' \ -'`� ,, I / i revegetation underway. I � i I L \ Im ( Not at final grade. ,X z L t 1 <1 Phase 2: Partially Recontoured and slopes have been reseeded. Not at final grade. I \ Phase 2: This portion of phase two Phase 2• must be used to move l i ' materials from the top of Excavation work has begun 1 � i � � `� / ' phase 3 to the bottom of the 1 , + \ in phase 3. The phase is site. about 35% disturbed. � '� ` ���\ `�.�`\� �� / Not at final grade. 1 \\ \\ ` �.'�� j Not at final grade. + rt ''I {�/�' O 11 LILA - �� �:�` � � ` c---. � � �j 7 • __ t :, , +`+• -` � � � � 1 _, i �•-- ,} n .� 1996 Reclamation and Phasing Map The following table summarizes staff's site inspection: 132 ITEM NUMBER: C-3 DATE: 06/14/05 May 26, 2005 Annual Inspection Findings Additional Action Inspection Item 1. Material In compliance none Quantities up to 20,000 cubic 2004: yards may be 2,830 cubic yard removed extracted annual 2005 year to date: 9,385 cubic yards removed 2. Extent and depth In compliance none of Mining The reclamation The May 13, 2005 topo map prepared by plan limits the area Robert Tartaglia RCE indicate that the depth of disturbance the of site disturbance is consistent with the depth of reclamation plan. excavation allowed. 3. Phasing Phase 1 Since final grade has The mining Mining operations have stopped in not been obtained in operation is to Phase 1 and a majority of the phase Phase 1 or 2 there is the occur in three has been reseeded and shows possibility that these sequential phases. progress toward re-vegetation. areas could be further However, final grade has not been excavated in the future. obtained in Phase 1 leaving open the possibility that this area could be The contouring and re- further excavated in the future. vegetation in these phases appear to be Phase 2 progressing The northern portion of Phase 2 has satisfactorily. been graded and benched and seeded for restoration. The lower, A portion of Phase 2 southern portion of Phase 2 is still needs to be used to being actively used as part of the move material from the minor operation for stock piling and ridge top in Phase 3 to moving material for export. Similar the base of the site to Phase 1, final grade has not been which is also in Phase obtained in Phase 2 leaving open the 3. possibility that this area could be further excavated in the future. The Council could direct staff to prepare and Phase 3 execute a formal The biggest change to the mine since agreement that would the last inspection is the excavation allow stockpiling of in Phase 3. Approximately one half materials in the 133 ITEM NUMBER: C-3 DATE: 06/14/05 May 26, 2005 Annual Inspection Findings Additional Action Inspection Item of the Phase 3 area has been southern portion of excavated. The area and depth of Phase 2. excavation in Phase 3 is consistent with the reclamation plan. 4. Reclamation The survey maps indicate that 92,093 Since final grade has At the end of each square feet (2.11 acres) of the site not been obtained in mining phase the' has been reclaimed and that an Phase 1 or 2 there is the area is to be additional 48,264 square feet (1.10 possibility that these reclaimed with acres) has been contoured and areas could be further topsoil, native seeded. excavated in the future. plants and oaks per the Staff's site inspection have verified reclamation plan that survey map to be correct. requirements However, since final grade has not be obtained in these areas it is possible that they could still be re- excavated in the future and therefore are not reclaimed. 5. Topsoil The plans indicate 1,572 cubic yards The maps should be The Reclamation of top soil have been stockpiled. The updated to reflect the Plan requires the 2003 survey indicate an additional correct stockpile salvage, 1,505 cubic yards along the ridgeline quantities. maintenance and that still exists. Staff is estimating redistribution of top that 3,077 cubic yards of topsoil have soil. been salvaged and stockpiled on site. The reclamation plan indicates that 1,793 cubic yards of topsoil are needed to reclaim Phase 2 and 4,977 cubic yards of topsoil are needed for Phase 3. Staff's site visit found the top soil on phase 2 to be thin and rocky on the re-contoured slopes but does appear to support the growth of grasses. In order to reclaim the remainder of Phase 2 and 1/2 of Phase 3, 3400 cubic yards of top soil will be necessary. It appears that the top soil stock pile is very close but may be short by 300 cubic yards. 134 ITEM NUMBER: C-3 DATE: 06/14/05 May 26, 2005 Annual Inspection Findings Additional Action Inspection Item 6. Financial Currently the City is holding a bond of The Council should Assurance $11,888 for restoration. This amount request the operator The operation is has not been changed since 1996.. provide an updated required to post a Recently the State notified the City restoration cost estimate restoration bond in that the an annual review of the for staff's review. Upon case of operator financial insurance is required. staff's approval of the default. estimate a new bond should be required to be posted. CONCLUSION: The extraction and excavation portions of the mining operation appear to be progressing in conformance with the operations agreement. Phase 1 and portions of Phase 2 appear to be close to reclamation. A formal agreement regarding Phase 1 and 2 would clarify the status of these phases. Topsoil stockpile quantities appear to be out of compliance with the reclamation plan. The financial assurance bond should be updated and the amount increased. FISCAL IMPACT: None ATTACHMENTS: Attachment 1: 5-26-05 Inspection Photos 135 ITEM NUMBER: C-3 DATE: 06/14/05 Attachment 1: Inspection Photos 5-26-05 � � �'� ��� �.� �?3rd t0. -, s�•.£.^" �.��,k .� m'��' s y's�i£ �� ,,��„ 6E. w a r gx<a N- -,� ��S� �. 'sem �r _ ,.;•'�"-^s, *t` '�'� "�� � r � +,. ^. �g�- •r,,,g, �.. .,. " �, ,�a �^ - r4# �� ®r, ryg' T.i* a :.8�y { M +".k` "a• s yy s :r '°s% eA �-lx k*g ' Phase 3: Material loading area 136 ITEM NUMBER: C-3 DATE: 06/14/05 M E ` a �� s +WSJ;t �`.'"�'.3+' ��.�`�`�,.'.�`. '°����"�. 'm'� ,�..�5� �"'"' f�*"s `' �`,�,,'� �4•yY�'� '`� -x ., Recontoured and replanted portions of Phase 1 and Phase 2. 137 ITEM NUMBER: C-3 DATE: 06/14/05 y. ! ,�,� g i r lwl�,I`ffilfw 0', ..�' '.a Grass revegeation in Phase 1. 138 ITEM NUMBER: C-3 DATE: 06/14/05 WR, < 3 's F ,y 3� i Phase 1 revegeation 139 ITEM NUMBER: C-3 DATE: 06/14/05 56 ter. .,a. OR F . s Phase 3 current area of excavation. 140 i � i• � 1 07 EMT MR 'n IR"K to WON �' k is e � as✓ b""a m"` Nil ITEM NUMBER: C-3 DATE: 06/14/05 k k a�= x v P Top soil stockpile in Phase 2. 142 ITEM NUMBER: C-3 DATE: 06/14/05 r, r S f 4 ^Y $ � t Phase 2 are between upper and lower portions of Phase 3 that is used to move material to the loading area. 143 ITEM NUMBER: C-3 DATE: 06/14/05 a 4 n33 { t M7 p F § Warning sign with flashing beacon. (Beacon was operating on 5/26/05) 144 ITEM NUMBER: C -4 DATE: 06/14/05 Y 1818 9 1079 Atascadero City Council Management Report - Community Development Department Inclusionary Housing Policy Discussion of Program Options RECOMMENDATION: Council provide staff with direction on how to proceed with potential modifications to the City's inclusionary housing program. BACKGROUND: • Two years ago, on June 24, 2003, the City adopted an inclusionary.housing policy that required all housing projects with a zone change or general plan amendment to provide 20% of the units as long term affordable units. That policy was amended in November 2003 to increase the in-lieu fee and clarify some wording (see following page). One of the key provisions of the policy is section 6.5 that requires "all inclusionary units shall be deed restricted for a period of 30 years". Approximately 160 affordable units have been included in the inclusionary program since June 24, 2003. All of these units are subject to the 30 year affordability requirement. As of May 30, 2005, less than ten affordable units have been constructed and sold, however there are several units in the construction phase. As an increasing number of inclusionary units move towards construction, the development community is raising concerns regarding the financing and resale of these units. The City is required by the State, through the General Plan Housing Element to provide for a full range of housing for all of its citizens. This translates into a requirement to provide for a share of the regional affordable housing need. Currently the City is required to provide approximately 120 very low, low and moderate income, "affordable" housing units per year. The City's policy of requiring a 30-year deed restriction on these affordable units is consistent with State guidelines and standards for affordable units. As part of the Housing Element's annual report to the State, the City must identify affordable units that have been built and that are lost. The City is required to take steps to protect or replace those lost units. One of the risks of reducing the 30- year deed restriction is that it will put the City in the position of having to replace those units sooner. 145 ITEM NUMBER: C-4 DATE: 06/14/05 Within the Redevelopment Area, the State requires the City to provide 15% of the new units with a minimum of 45 year deed restricted. The City's annual redevelopment report must report the City's progress toward meeting this requirement. No projects within the RDA area have been built that meet this standard, contributing to the City's growing affordable housing need. Due to the General Plan update and strong real estate market, the City of Atascadero is seeing a significant increase in housing production. This increase in production is contributing to the City's affordable housing supply as a result of the inclusionary housing requirement. However, this production increase is likely a short term trend that will end at some point. There exists a risk that if the affordable units that are built today are not subject to a long term deed restriction, these units will begin to disappear at the same time housing production decreases. Potentially, this could result in a situation where few new affordable units are being built and a large number of affordable units are converted to market rate units. This would result in the City reporting a loss of affordable housing stock to the State. Since there appears to be a number of complex and legitimate concerns regarding affordable housing, a staff committee from Community Development, Finance, Redevelopment and the City Manager's office has been assembled to review the issues. The staff committee has met with a number of experts in the field of affordable housing financing, law, construction, public policy and administration. In summary, staff found the City's existing program is legal and basic. However, the program does have complications with the financing and resale of affordable units that will become increasingly difficult to administer over the long term. The purpose of this report is to illustrate a possible modification to the existing inclusionary program that could address some of these issues. The options raised in this report are a simplified overview and no formal action can be taken to modify the program at this point. If the Council chooses to make modifications to the program, staff will need to begin a formal process of amending the housing program. 146 ITEM NUMBER: C-4 DATE: 06/14/05 City of Atascadero Interim Inclusionary Housing Policy Adopted by City Council June 24, 2003 Amended by City Council November 25, 2003 INCLUSIONARY SECTION INTERIM POLICY A. Project Requirements 1. All residential projects that require legislative approval are subject to the inclusionary requirement as follows: o Projects of 1-10 units:pay in-lieu fee or build units. o Projects of 11 or more units must build units or receive a Council approval to pay in-lieu fees. B. Percent Affordable 1. The percentage of units within a project that must be affordable shall be 20%. 2. The distribution of affordable units in single family land use areas shall be as follows: o 100%Moderate 3. The distribution of affordable units in multi-family and mixed use commercial land use areas shall be as follows: o 20%Very Low Income o 37%Low Income o 43%Moderate 4. In-lieu fees shall be collected for all fractional units up to 0.499 units, fractional units of 0.50 and greater shall be counted as 1.0 units. 5. All inclusionary units shall be deed restricted fora period of 30 years. C. Exceptions 1. Projects that do not require a legislative approval from the City shall not be subject in the interim policy. 2. Projects that qualify for the State density bonus are exempt form additional inclusionary housing requirements. 3. Second units are exempt from the inclusionary requirement. D. Affordable Housing Standards 1. The exterior design and quality standards for affordable units shall be comparable to those of market rate units. Affordable units may be of a smaller size and utilize less expensive interior finishes. 2. Affordable units shall be distributed throughout a project site and not concentrated in one location. 3. Inclusionary units shall be built concurrently with market rate units. A construction timeline shall be approved by the City Council prior to construction. E. In-Lieu Fees 1. In-lieu fees for units and fractions of units shall be based on 5.00%of the construction valuation of the market rate unit. F. Alternatives 1. The developer may request and the City Council may approve any of the following alternatives to on-site construction or payment of in-lieu fees for inclusionary units: o . Off-site construction o Land dedication o Combinations of construction,fees and land dedications. G. Incentives 1. As an incentive to provide affordable units,all inclusionary units shall be treated as density bonus units that are not counted as part of the maximum density entitlement of a site. 147 ITEM NUMBER: C-4 DATE: 06/14/05 ANALYSIS: The current housing program treats all inclusionary housing products the same, requiring the same 30-year deed restriction without an "opt out" provision. While this one size fits all approach simplifies the short term administration of the program, there are some negative aspects which include: ➢ Conventional loaning institution may not lend without a foreclosure opt-out provision in the deed restriction. ➢ Buyers are unable to gain any equity in the value of the house until the end of the 30-year deed restriction. ➢ The County's affordability sales prices are tied to interest rates, which means an increase in interest rates will reduce the future sales price of the unit, leaving the buyer upside down on a housing loan in a market that is appreciating at a double digit rate. CURRENT HOUSING PLAN r =Fr Private Sector Private Sector Single Family Residential Multi-Family Moderate Income Low Income (est. price $297,000) (est. price $191 ,000) units to date +/- 100 du's units to date +/- 15 du's long term 30 year deed restriction long term 30 year deed restriction Very Low Income (est. price $125,000) units to date +/- 40 du's long term 30 year deed restriction 148 ITEM NUMBER: C-4 DATE: 06/14/05 The staff committee has developed an outline for a modified housing program that is illustrated below. The primary difference is that the 30-year deed restriction on moderate income units would have an opt out provision tied to a silent second loan held by the City. If a buyer chose to sell their affordable house at market rate, the City would be paid on the silent second. The silent second would represent the difference between the original sales price and the original market value. The seller would be entitled to any equity gained over the original market value, which is essentially the same situation a market rate buyer would be in. The City would realize the original subsidy amount that could be used to build low income housing. ALTERNATIVE HOUSING PLAN Money generated from the market • ■ ■ rate sales of moderate income + units could also be use to fund a> • first time buyer program. ■ NO , ,m "t It * Private Sector Private & Public Sector Single Family Residential Multi-Family Moderate Income Low Income (est. price $297,000) (est. price $191 ,000) units to date +/- 100 du's units to date +/- 15 du's 30 year deed restriction long term 30 year deed restriction AlequitV sharing exit provision • Very Low Income *$$$ (est. price $125,000) units to date +/- 40 du's • long term 30 year deed restriction • Money generatedfrom the market rate sales of modejate income units would be use,¢ to fund or �• subsidize low and Ary low income ♦♦ public and private projects with 45 to 55 year affordable r trictions. ♦� 149 ITEM NUMBER: C-4 DATE: 06/14/05 EQUITY SHARING PROGRAM OVERVIEW x l� Y Ila Private Sector Single Family Residential Restricted sales price: $300,000 Market Value price: $400,000 Affordability Subsidy: $100,000 ➢ Example, a project is conditioned to provide 1 Moderate Income housing unit. ➢ Based on the latest County standards, the maximum selling price would be +/-$300,000. against the property that ➢ The City would record a modified 30-year deed restriction g p p y would allow the market rate sale of the unit prior to the 30-years, subject to the City retaining the original subsidy amount. ➢ The subsidy amount would be based on a market rate appraisal of the unit at time of initial sale. (For example, if the restricted sales price was $300,000 but the market value of the unit was $400,000, there would be a $100,000 subsidy value that could be realized at the time of sale). ➢ The City would hold a"silent second mortgage" against the property for the $100,000 subsidy value. ➢ If the unit were sold at market rate prior to the 30 year affordability requirement, the City would be paid the $100,000. ➢ This $100,000 would be put into an account to be used for constructing or subsidizing long term low and very low income units. ➢ Currently there are 106 moderate income units required on current projects. Assuming the average affordability subsidy of $100,000 per unit would provide the City with potentially $10,000,000 in additional affordable housing funds. 150 ITEM NUMBER: C-4 DATE: 06/14/05 The benefit of the modified program would be to simplify the financing and resale of moderate income units, while also creating a significant new source of funding for low and moderate income housing projects. ALTERNATIVE HOUSING PLAN BENEFITS Would simplify the lending and financing of moderate income units. ➢ Would provide more flexibility for the resale of moderate income units. ➢ Would create a significant source of housing funds that could be combined with RDA set aside funds and in-lieu housing funds to develop high quality long term low income housing projects. While there are a number of solid benefits to the modified program, there are also a number of significant administration issues as well. As the City gets more involved in an elaborate housing program, with potentially millions of dollars of funds, it will be necessary to devote significantly more staff resources to housing. ALTERNATIVE HOUSING PLAN ISSUES ➢ Existing 30-year deed restrictions that have been recorded would have to be amended. ➢ Professional legal assistance would be required to assist staff in revising deed restrictions and setting up silent second mortgage programs. ➢ Moderate income units that are converted to market rate units would have to be reported to the State annually and would need to be replaced by new units. ➢ The City's current housing production increase is likely a short term trend that will end at some point. Potentially, this could result in a situation where few new affordable units are being built and a large number of affordable units are converted to market rate units. This would result in the City reporting a loss of affordable housing stock to the State. ➢ Additional staff time and resources would be required in the Community Development, Redevelopment and Finance Departments to administer and manage the program. ➢ The City would -be committed to a permanent and comprehensive housing program. ➢ Construction and management of public affordable housing is expensive and time intensive. 151 ITEM NUMBER: C-4 DATE: 06/14/05 FISCAL IMPACT: Modification ram would result in the collection of additional fees that flcation of the housing program g could be used to build affordable housing projects. Management and administration of additional housing fees will obligate the City to devote staff time and resources to future affordable housing projects. Staff time and resources to administer affordable housing programs over the coming decades has not been calculated, but should not be assumed to be insignificant. ALTERNATIVES: 1. The Council may choose to continue with the existing housing program with no changes. 2. The Council may choose to direct staff to investigate different housing options. 152