HomeMy WebLinkAbout121311 - Agenda Packet 121311
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, December 13, 2011
City Hall
Council Chambers
6907 El Camino Real, Atascadero, California
City Council Regular Session 6:00 p.m.
Community Redevelopment : Immediately following conclusion of
Agency of Atascadero the City Council Regular Session
(Please note special meeting time.)
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Kelley
ROLL CALL: Mayor O’Malley
Mayor Pro Tem Kelley
Council Member Clay
Council Member Fonzi
Council Member Sturtevant
APPROVAL OF AGENDA: Roll Call
CITY COUNCIL REORGANIZATION:
1. Council Appointment of Mayor – The City Clerk will accept
nominations from the Council Members.
2. Council Appointment of Mayor Pro Tem – The new Mayor will accept
nominations from the Council Members.
COUNCIL REORGANIZATION RECESS
A. CONSENT CALENDAR: (All items on the consent calendar are considered to
be routine and non-controversial by City staff and will be approved by one motion
if no member of the Council or public wishes to comment or ask questions. If
comment or discussion is desired by anyone, the item will be removed from the
consent calendar and will be considered in the listed sequence with an
opportunity for any member of the public to address the Council concerning the
item before action is taken. DRAFT MINUTES: Council meeting draft minutes
are listed on the Consent Calendar for approval of the minutes. Should anyone
wish to request an amendment to draft minutes, the item will be removed from
the Consent Calendar and their suggestion will be considered by the City
Council. If anyone desires to express their opinion concerning issues included in
draft minutes, they should share their opinion during the Community Forum
portion of the meeting.)
1. City Council Draft Action Minutes – November 22, 2011
Recommendation: Council approve the City Council Draft Action
Minutes of November 22, 2011. [City Clerk]
2. September 2011 Investment Report
Fiscal Impact: None.
Recommendation: Council receive and file the City Treasurer’s report
for quarter ending September 2011. [Administrative Services]
3. October 2011 Accounts Payable and Payroll
Fiscal Impact: $2,283,401.79.
Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for October 2011. [Administrative
Services]
4. Second Reading - Title 8 Building Code Text Amendment - Dormant
Building Permit Application Extension Program Phase 4 Option
Fiscal Impact: Through Phase 4, it is likely that between $90,000 and
$180,000 in outstanding plan check fees will be collected by the City.
Recommendations: Council adopt on second reading by title only, Draft
Ordinance A to create a Phase 4 Dormant Building Permit Program
consistent with staff’s recommendations. [Community Development]
5. City Council 2012 Meeting Schedule
Fiscal Impact: None.
Recommendations: Council approve the City Council meeting schedule
for 2012. [City Manager’s Office]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on
any current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the
record before making your presentation. Comments made during Community Forum
will not be a subject of discussion. A maximum of 30 mi nutes will be allowed for
Community Forum, unless changed by the Council. Any members of the public who
have questions or need information, may contact the City Clerk’s Office, between the
hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or mtorgerson@atascadero.org.)
B. PUBLIC HEARINGS: None.
C. MANAGEMENT REPORTS:
1. Del Rio Road Commercial Area Specific Plan Environmental Impact
Report Contract Amendment (“Walmart / Annex Project”)
Fiscal Impact: Neutral. The project applicant, Walmart Stores Inc, has
agreed to fund 100% of the additional EIR consultant work. This will
include a 10% City administration fee that will cover staff costs
associated with the EIR recirculation.
Recommendation: Council authorize the City Manager to enter into a
contract amendment increasing Michael Brandman and Associates’
contract for the Walmart EIR by $75,100 consistent with the attached
scope of work. [Community Development]
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities.
Council Members may ask a question for clarification, make a referral to staff or take
action to have staff place a matter of business on a future agenda. The Council may
take action on items listed on the Agenda.)
D. COMMITTEE REPORTS: (The following represent standing committees.
Informative status reports will be given, as felt necessary):
Mayor O’Malley
1. City / Schools Committee
2. County Mayors Round Table
3. Integrated Waste Management Authority (IWMA)
4. League of California Cities – CITIPAC Board Member
5. SLO Council of Governments (SLOCOG)
6. SLO Regional Transit Authority (SLORTA)
Mayor Pro Tem Kelley
1. Atascadero State Hospital Advisory Committee
2. Atascadero Youth Task Force
3. City of Atascadero Design Review Committee
4. City of Atascadero Finance Committee
5. Economic Vitality Corporation, Board of Directors (EVC)
6. Homeless Services Oversight Council
Council Member Fonzi
1. Air Pollution Control District
2. City of Atascadero Design Review Committee
3. City of Atascadero Finance Committee
4. SLO Local Agency Formation Commission (LAFCo) - alternate
Council Member Sturtevant
1. City / Schools Committee
2. Community Action Partnership of SLO County
3. League of California Cities – Council Liaison
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
F. ADJOURN TO COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may be limited to raising those issues addressed at the public hearing described in thi s notice, or in written
correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that
the foregoing agenda for the December 13, 2011 Regular Session of the Atascadero City Council was
posted on December 6, 2011, at the Atascadero City Hall, 6907 El Camino Real, Atascadero, CA
93422 and was available for public review in the Customer Service Center at that location.
Signed this 6th day of December, 2011, at Atascadero, California.
___________________________________
Victoria Randall, Deputy City Clerk
City of Atascadero
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. unless there is a
Community Redevelopment Agency meeting commencing at 6:00 p.m. in which event the Council meeting will commence
immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held at
the City Hall Council Chambers, 6907 El Camino Real, Atascadero. Matters are considered by the Coun cil in the order of
the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped for future playback.
Charter Communication customers may view the meetings on Charter Cable Channel 20 or via the City’s website at
www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City Clerk for more
information (470-3400).
Copies of the staff reports or other documentation relating to each item of busines s referred to on the Agenda are on file
in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of
City Hall, 6907 El Camino Real, Atascadero, and on our website, www.atascadero.org. An agenda packet is also
available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be
allocated a number once they are approved by the City Council. The minu tes of this meeting will reflect these numbers.
All documents submitted by the public during Council meetings that are either read into the record or referred to in their
statement will be noted in the minutes and available for review in the City Clerk's office.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805)
470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, “COMMUNITY FORUM”, the Mayor will call for anyone from the audience having business with the
Council to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Mayor and Council.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
This is the time items not on the Agenda may be brought to the Council’s attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support
your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations must
be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your
presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence
and turn in the printed copy.
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and
will request anyone interested to address the Council regarding the matter being considere d to step up to the lectern. If
you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Mayor
2. Give your name (not required)
3. Make your statement
4. All comments should be made to the Mayor and Council
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
6. All comments limited to 3 minutes
The Mayor will announce when the public comment period is closed, and thereafter, no fur ther public comments will be
heard by the Council.
ITEM NUMBER: A - 1
DATE: 12/13/11
Draft City Council Action Minutes
City of Atascadero
Page 1 of 8
CITY OF ATASCADERO
CITY COUNCIL
DRAFT ACTION MINUTES
Tuesday, November 22, 2011
City Hall
Council Chambers
6907 El Camino Real, Atascadero, California
City Council Regular Session 6:00 p.m.
City Council Closed Session: Immediately following conclusion of
the City Council Regular Session
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor O’Malley called the meeting to order at 6:02 p.m. and newly sworn in Police
Chief Haley led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Fonzi, Sturtevant, Mayor Pro Tem Kelley
and Mayor O’Malley
Absent: None
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Administrative Services Director Rachelle Rickard, Community
ITEM NUMBER: A - 1
DATE: 12/13/11
Draft City Council Action Minutes
City of Atascadero
Page 2 of 8
Development Director Warren Frace, Public Works Director Russ
Thompson, Community Services Director Brady Cherry, Police
Commander Steve Gesell, Fire Chief Kurt Stone, and City Attorney
Brian Pierik.
APPROVAL OF AGENDA:
MOTION: By Council Member Fonzi and seconded by Council Member
Sturtevant to approve the agenda.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
1. Christina Lefevre Latner from Friends of the Library will provide an update on
the new Library facility design plans and fundraising progress
Ms. Latner gave a summary on the Library’s progress on their plans for the new library.
2. Fire Captain Matt Miranda will provide an update on the PG&E Grant
progress relating to the Disaster Response Trailer
Fire Captain Miranda gave a summary of the Fire Department’s progress on the PG&E
Grant challenge for the Disaster Response Trailer.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – October 25, 2011
Recommendation: Council approve the City Council Draft Action
Minutes of October 25, 2011. [City Clerk]
2. City Council / Community Redevelopment Agency Special Joint
Meeting Draft Action Minutes – October 25, 2011
Recommendation: Council approve the City Council / Community
Redevelopment Agency Special Joint Meeting Draft Action Minutes of
October 25, 2011. [City Clerk]
3. September 2011 Accounts Payable and Payroll
Fiscal Impact: $2,870,956.30.
Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for September 2011. [Administrative
Services]
ITEM NUMBER: A - 1
DATE: 12/13/11
Draft City Council Action Minutes
City of Atascadero
Page 3 of 8
4. Change Order for Affordable Housing Professional Services
Consultant Contract
Fiscal Impact: Approval of this recommendation will result in the
additional expenditure of up to $40,000 in affordable housing funds.
Recommendations: Council:
1. Authorize the City Manager to sign Change Order #1 in the amount of
$40,000 to extend the Urban Futures Incorporated for affordable
housing on-call professional services; and,
2. Authorize the Director of Administrative Services to appropriate $32,000
from the Production of Affordable Units Fund for professional services
related to the Affordable Housing Assistance Strategy and related to
producing affordable housing units; and,
3. Authorize the Director of Administrative Services to appropriate $8,000
from the In Lieu Low/Moderate Income Housing Fund for professional
services related to the Affordable Housing Assistance Strategy and
related to producing affordable housing units; and,
4. Authorize the City Manager to approve any minor additional change
orders up to $10,000 for affordable housing on-call professional
services. [Community Development]
5. Integrated Police Mobile Data Computer Systems and Interview Room
Surveillance System
Fiscal Impact: The fiscal impact of this project is $156,258.77 in
budgeted funds.
Recommendation: Council award purchase to Coban Technologies in
the amount of $156,258.77 for nine (9) mobile data computers with
integrated in-car video, three (3) integrated automatic license plate
readers and one interview room surveillance system. [Police]
MOTION: By Mayor Pro Tem Kelley and seconded by Council Member
Fonzi to approve the Consent Calendar.
Motion passed 5:0 by a roll-call vote. (#A-6: Resolution No.
2011-069)
UPDATES FROM THE CITY MANAGER:
City Manager Wade McKinney gave an update on projects and issues within the City.
COMMUNITY FORUM:
The following citizens spoke during Community Forum: Tom Gaddis, Jerry Rioux, Mark
Leliaert (Exhibit A), Mike Brennler, Steve Martin, and Kevin Campion.
ITEM NUMBER: A - 1
DATE: 12/13/11
Draft City Council Action Minutes
City of Atascadero
Page 4 of 8
Mayor O’Malley closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS:
1. Title 8 Building Code Text Amendment - Dormant Building Permit
Application Extension Program - Phase 4 Option
Fiscal Impact: Through Phase 4, it is likely that between $90,000 and
$180,000 in outstanding plan check fees will be collected by the City.
Recommendation: Council introduce for first reading by title only, Draft
Ordinance A to create a Phase 4 Dormant Building Permit Program
consistent with staff’s recommendations. [Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions from the Council.
PUBLIC COMMENT: None
MOTION: By Mayor Pro Tem Kelley and seconded by Council Member
Sturtevant to introduce for first reading by title only, Draft
Ordinance A to create a Phase 4 Dormant Building Permit
Program consistent with staff’s recommendations.
Motion passed 5:0 by a roll-call vote.
C. MANAGEMENT REPORTS:
1. Project Design Approval - Atascadero Creek Pedestrian Bridge and
“Centennial Plaza”
Fiscal Impact: None. The bridge, plaza, creek trail and parking lot area
rehabilitation project has an approved total budget cap of $3,068,560.
Recommendation: Design Review Committee Recommends:
The City Council approve the schematic design of “Centennial Plaza”
and Atascadero Creek trail. [Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: Jim Wilkins, and Mike Brennler.
ITEM NUMBER: A - 1
DATE: 12/13/11
Draft City Council Action Minutes
City of Atascadero
Page 5 of 8
Mayor O’Malley closed the Public Comment period.
MOTION: By Mayor Pro Tem Kelley and seconded by Council Member
Fonzi to approve the schematic design of “Centennial Plaza”
and Atascadero Creek trail.
Motion passed 5:0 by a roll-call vote.
2. 2010 Census Summary Report
Fiscal Impact: None.
Recommendation: Council receive and file the attached 2010 Census
Report. No action is required. [Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions from the Council.
PUBLIC COMMENT: None
The City Council received and filed this report.
3. Amendments to Existing Executive Management Contracts to be
Consistent with AB 1344
Fiscal Impact: None.
Recommendation: Council amend the existing contract between the City
of Atascadero and the City Manager and provide the City Manager with
authority to amend executive management employee contracts
consistent with the provisions of AB 1344. [City Manager]
Assistant City Manager Jim Lewis gave the staff report and answered questions from
the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: Mike Brennler.
Mayor O’Malley closed the Public Comment period.
MOTION: By Mayor Pro Tem Kelley and seconded by Council Member
Sturtevant to amend the existing contract between the City of
Atascadero and the City Manager, and to provide the City
Manager with authority to amend executive manageme nt
employee contracts consistent with the provisions of AB 1344.
Motion passed 5:0 by a roll-call vote.
ITEM NUMBER: A - 1
DATE: 12/13/11
Draft City Council Action Minutes
City of Atascadero
Page 6 of 8
COUNCIL ANNOUNCEMENTS AND REPORTS:
The City Council Members made brief announcements.
D. COMMITTEE REPORTS:
Mayor Pro Tem Kelley
1. Atascadero State Hospital Advisory Committee – met a few weeks ago. They
are suffering from major budget constraints.
Council Member Fonzi
1. Air Pollution Control District – Decided to levy fines against the State Parks
regarding the particulate matter that blows from the Oceano Dunes up to the
Nipomo Mesa.
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
City Manager
1. Staff has been working with the Water Company on the reduction of park
water usage to 25%. They have not met with us as often as we would like,
but we have met the budgetary thresholds.
2. The City departments will be decorating department Christmas trees which
will be judged on December 20th. He asked the City Council to be the judging
panel. There was Council consensus to do so.
F. ADJOURN TO CITY COUNCIL CLOSED SESSION
Mayor O’Malley adjourned the Regular Session meeting at 7:59 p.m.
CITY COUNCIL CLOSED SESSION
(Immediately following conclusion of the City Council Regular Session,
which begins at 6:00 p.m.)
Mayor O’Malley announced that the Council is going into Closed Session at 8:00 p.m.
1. CLOSED SESSION -- PUBLIC COMMENT - None
ITEM NUMBER: A - 1
DATE: 12/13/11
Draft City Council Action Minutes
City of Atascadero
Page 7 of 8
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Real Property Negotiators
(Govt. Code Sec. 54956.8)
Property Address: APN 031-381-001
7805 Pismo Avenue, Atascadero, CA
City Negotiator: Wade McKinney, City Manager
Negotiating Parties: Robert J. Gumer
Under Negotiation: Instruction to negotiator will concern price and terms
of payment.
b. Conference with Real Property Negotiators
(Govt. Code Sec. 54956.8)
Property Address #1: APN 030-292-027
8555 San Andres Avenue, Atascadero, CA
City Negotiator: Wade McKinney, City Manager
Negotiating Parties: Gene Rauch
Property Address #2: APN 030-292-067
8575 San Andres Avenue, Atascadero, CA
City Negotiator: Wade McKinney, City Manager
Negotiating Parties: Yvonne High
Property Address #3: APN 030-301-033
8560 San Andres Avenue, Atascadero, CA
City Negotiator: Wade McKinney, City Manager
Negotiating Parties: Roger Bartholomew
Under Negotiation: Instruction to negotiator will concern price and terms
of payment.
c. Conference with Labor Negotiators (Govt. Code Sec. 54957.6)
Agency designated representatives: Wade McKinney, City Manager
Employee Organizations: Atascadero Firefighters Bargaining Unit;
Atascadero Police Association; Service Employees International Union,
Local 620; Mid-Management/Professional Employees; Non-Represented
Professional and Management Workers and Confidential Employees
4. CLOSED SESSION -- ADJOURNMENT
Mayor O’Malley adjourned the Closed Session at 9:10 p.m.
ITEM NUMBER: A - 1
DATE: 12/13/11
Draft City Council Action Minutes
City of Atascadero
Page 8 of 8
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION -- REPORT
City Attorney Pierik announced that there was no reportable action taken.
MINUTES PREPARED BY:
______________________________________
Marcia McClure Torgerson, C.M.C.
City Clerk / Assistant to the City Manager
The following exhibit is available for review in the City Clerk’s office:
Exhibit A – Prepared statement, by Mark Leliaert
ITEM NUMBER: A - 4
DATE: 12/13/11
Atascadero City Council
Staff Report – Community Development Department
Second Reading
Title 8 Building Code Text Amendment
Dormant Building Permit Application Extension Program
Phase 4 Option
RECOMMENDATION:
Council adopt on second reading by title only, Draft Ordinance A to create a Phase 4
Dormant Building Permit Program consistent with staff’s recommendations.
DISCUSSION:
The City Council held a hearing and introduced Phase 4 of the Dormant Building Permit
Program for first reading on November 22, 2011. Phase 4 of the Dormant Building
Permit Application Program will provide an additional two -year extension with the same
rules as Phase 3. As part of Phase 4, time extensions will be limited to certain dormant
projects that have the possibility of being constructed, while permits that no longer
appear viable be cancelled.
Based on the criteria, 282 individual permits (27 separate projects) will be extended
under Phase 4 until December 31, 2013. The remaining 75 dormant permits under the
existing Phase 3 timeline will expire on December 31, 2011.
FISCAL IMPACT:
A total of $440,000± in outstanding plan check fees remain due for all dormant permit
applications remaining from Phase 3. Seventy-five (75) of the permit applications in
Phase 3 will be canceled if permits are not issued by December 31, 2011, which means
that outstanding plan check fees in the amount of $79,000± would be turned over to
collections. Through Phase 4, it is likely that between 25-50% of the remaining
$361,000± in outstanding plan check fees will be collected by the City.
ATTACHMENT:
Draft Ordinance A Modifying Title 8 Section 105.3.2.3
ITEM NUMBER: A - 4
DATE: 12/13/11
Attachment
DRAFT ORDINANCE A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING TITLE 8 OF THE
ATASCADERO MUNICIPAL CODE BY REPLACING
SECTIONS 8-2.102(C) AND 8-2.102(E)
OF THE LOCAL BUILDING CODE
The City Council hereby finds and declares as follows:
WHEREAS, the National, State and local economy have experienced a significant
economic downturn from 2007 to 2011; and,
WHEREAS, this economic downturn has had a considerable negative effect on the
construction industry, especially the local residential construction sector; and,
WHEREAS, the City of Atascadero now has a backlog of over 350 building permit
applications for new residential and commercial projects with outstanding plan check fees of
over $450,000; and,
WHEREAS, the building code requires building permit applications to be deemed
abandoned after 180 days of inactivity; and,
WHEREAS, the City Council determined that it was in the economic interests of the
City of Atascadero to provide relief to the construction industry by extending the permit
extension deadlines; and,
WHEREAS, the City Council has approved a Phase 1, Phase 2 and Phase 3 Dormant
Building Permit Application Extension Program that will expire on January 1, 2012, and
WHEREAS, staff has prepared a Phase 4 Dormant Permit Application Extension
Program code text amendment that would provide an addition time extension to inactive building
permit application; and,
Attachment: Draft Ordinance A Modifying Title 8 Section 105.3.2.3
ITEM NUMBER: A - 4
DATE: 12/13/11
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1:
Section 8-2.102(c) of the Atascadero Municipal Code is amended to read as follows:
105.3.2 Time limitation of application.
(a) 1. Expiration of Plan Review. Applications for which no permit is issued
within 180 days following date of notification of approval/ready for
issuance by the Building Division, or applications within 180 days
following date of notification of permit corrections to be picked up or
returned, shall expire by limitation, and plans and other data submitted for
review may thereafter be returned to the applicant or destroyed by the
building official. 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. The Building Official is authorized to grant one extension of time
for an additional period not exceeding 180 days. No application shall be
extended more than once.
(b) 2. Fee refund. Application fees and permit fees are assessed to cover the
cost of providing permit issuance services and therefore are not refundable
once service has been obtained. A full refund (100%) can only be given
when a cancelled application was submitted and/or reviewed due to staff
error. Refunds for cancelled applications will not include submittal fees,
document imaging fees, and plan review fees (once a plan review has been
completed). Refunds must be requested in writing and within one (1) year
of application submittal date. Refunds for cancelled permits will include
up to 80% of the permit fee, provided no work has commenced and the
request for refund is within one (1) year from permit issuance. Refunds
must be requested in writing and within one (1) year of permit issuance.
Refunds will not be processed for applications and/or permits that have
been suspended or revoked, or that have expired due to limitation.
3. Dormant building permits application one-time-only blanket extension. In
addition to the time extension allowed in Section 105.3.2.1, any building
permit application for new single-family-residence, new multi-family-
residence, new commercial or industrial building, or a commercial or
industrial addition, submitted to the City of Atascadero on or before
ITEM NUMBER: A - 4
DATE: 12/13/11
September 9, 2008, may opt into a one-time-only application extension. In
order to be considered for this program, all outstanding plan check fees
must be paid in full on or before February 28, 2009, and any subsequent
building permit regulated by this program must be paid for in full and
issued on or before June 30, 2010. Any building permit application or
subsequent building permit regulated by this program that does not meet
all timeframes indicated in this section will be cancelled and become null
and void, and any subsequent work will require a new permit application,
new plans, and new plan check and permit fees.
(c) Phase IV – 2012 Dormant Building Permit Application Extension
Program.
In addition to the processing timeframes provided for in Section 105.3.2.1,
select dormant permit applications currently covered in Dormant Permit
Application Extension Program Phase III shall be provided application
extensions consistent with the following:
1. Dormant permits selected to be part of Phase IV:
a. Permit applications granted an additional time extension under
Phase IV are to be selected based on the following
qualifications:
i. Status of subdivision map
ii. Scope of project
iii. Status of other permits within the same project
iv. Information from property owner
b. Building permit applications that are included in Phase IV
Dormant Building Permit Application Extension Program are
extended to December 31, 2013 provided that prior to
issuance, (1) all outstanding plan check fees are paid, (2) a
$150.00 processing fee is paid, and (3) building construction
plans have been revised to meet the current Building Code
requirements.
c. Phase IV dormant permit applications that have not been issued
by December 31, 2013 will become null and void, and all
unpaid fees for services rendered will be due to the City of
Atascadero in full.
ITEM NUMBER: A - 4
DATE: 12/13/11
2. Dormant permits not selected to be part of Phase IV: Building
permit applications that have not been issued by December 31,
2011 will become null and void, and all unpaid fees for services
rendered will be due to the City of Atascadero in full.
INTRODUCED at a regular meeting of the City Council held on November 22, 2011, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
____________, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF ATASCADERO
Tom O’Malley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
ITEM NUMBER: A – 5
DATE: 12/13/11
Atascadero City Council
Staff Report – City Manager’s Office
City Council 2012 Meeting Schedule
RECOMMENDATION:
Council approve the City Council meeting schedule for 2012.
DISCUSSION:
The City Council, pursuant to Chapter 2, Section 1.01 of the Atascadero Municipal
Code, meets the second and fourth Tuesday of each month. On occasion, the Council
will hold special study sessions and/or joint meetings with one or both of the
Commissions on a fifth Tuesday. Generally, in the summer months, the Council meets
once a month and avoids conflicts with major holidays. Staff has prepared the at tached
schedule for the year 2012 to help in the coordination of these meetings with personal
schedules.
FISCAL IMPACT:
None
ATTACHMENT:
City Council 2012 Meeting Schedule
ITEM NUMBER: A – 5
DATE: 12/13/11
Attachment
City of Atascadero
Office of the City Clerk
Atascadero City Council 2012 Meeting Schedule
MEETING DATE TYPE OF MEETING
January 10
January 24
Regular
Regular
February 14
February 28
Regular
Regular
March 13
March 27
Regular
Regular
April 10
April 24
Regular
Regular
May 8
May 22
Regular
Regular
June 12
June 26
Regular
Regular
July 10
Regular
August 14
Regular
September 11
September 25
Regular
Regular
October 9
October 23
Regular
Regular
November 13
November 27
Regular
Regular
December 11 Regular
Meetings are held at 6:00 p.m. or at the conclusion of the Redevelopment Agency
meeting, whichever comes last.
6907 El Camino Real, Atascadero, CA 93422
470-3400
City Council\Council Meeting Schedule\2012
ITEM NUMBER: C – 1
DATE: 12/13/11
Atascadero City Council
Staff Report – Community Development Department
Del Rio Road Commercial Area Specific Plan
Environmental Impact Report
Contract Amendment
(“Walmart / Annex Project”)
RECOMMENDATION:
Council authorize the City Manager to enter into a contract amendment increasing
Michael Brandman and Associates’ contract for the Walmart EIR by $75,100 consistent
with the attached scope of work.
DISCUSSION:
Background: On May 26, 2009, the City Council authorized the City Manager to execute
a contract in the amount of $427,615.00 with Michael Brandman and Associates for the
preparation of an Environmental Impact Report (EIR) for the Del Rio Road Commercial
Area, better known as the Walmart / Annex project. Due to changes on the project
design and size, work on the EIR did not begin until spring 2010.
The entire cost of the EIR has been paid by Walmart Stores Inc. (Walmart). Walmart
has agreed to pay the cost of the additional EIR work. The City includes an additional
10% administrative fee to cover staff costs associated with processing the EIR.
Although Walmart is paying the cost of the EIR, the EIR consultant works directly for
the City of Atascadero. All consultant work is directed exclusively by City staff.
Analysis: The current contract amendment before the Council is a result of the City’s
review of interchange funding options that was authorized by the City Council on June
14, 2011. The purpose of the review process was to develop a strategy for the phasing
and proportional funding of the Del Rio Road / US 101 interchange with Walmart and
the Annex. For the last several months, the City has been in the process of analyzing
ITEM NUMBER: C – 1
DATE: 12/13/11
the proportional share to be contributed by Walmart and the Annex to the traffic
improvements which will be necessary as a result of the Walmart -Annex project. At this
point, staff has concluded there is a possibility that an agreement to fund the
“proportional share” of the required interchange improvements may not be forthcoming.
Therefore, it is necessary to revise and recirculate the Draft EIR to further analyze
additional project options and impacts. One of these options includes the possibility
that the Annex portion of the project will not be built.
The Draft EIR was circulated for public comm ent in early 2011 and contains an analysis
of a “Walmart-only” alternative project. Alternative projects that reduce the overall
project impacts are required to be included in an EIR by the California Environmental
Quality Act. In this case, the Walmart-only alternative showed that the overall project
impacts could be reduced, however, the primary project objective of building a regional
shopping center with a variety of retail and restaurant uses would not be realized, and
therefore, the Walmart-only alternative was not identified as the preferred project.
Unfortunately, since an agreement to fund the “proportional share” of the required
interchange improvements may not be forthcoming , the City may need to adopt the
Walmart only alternative as the pref erred project. Supplementing the Walmart-only
alternative does not preclude the City from approving the current project with the
Annex, rather it gives the City two legitimate project options to choose from, each with a
complete environmental analysis and mitigation measures.
Conclusion: Construction of a combined Walmart / Annex project with interchange
improvements continues to be the preferred project to build. The City has been
analyzing the proportional share to be contributed by Walmart and the An nex to the
traffic improvements which will be necessary as a result of the Walmart -Annex project.
However, there is a possibility the City and applicants will not be able to reach
agreement on distribution of proportional share for the interchange improvements.
Recirculation of the EIR with a supplemental analysis will provide additional information
to fully evaluate all the project options and impacts. The expansion of the Walmart-only
alternative will provide the City with two legitimate project option s from which to choose.
FISCAL IMPACT:
Neutral. The project applicant, Walmart Stores Inc, has agreed to fund 100% of the
additional EIR consultant work. This will include a 10% City administration fee that will
cover staff costs associated with the EIR recirculation.
ITEM NUMBER: C – 1
DATE: 12/13/11
ALTERNATIVES:
1. The Council may decide not to authorize the additional consultant work. Staff would
complete the current version of the EIR with the Walmart / Annex project.
2. The Council may choose to refer this item back to staff for additional analysis.
ATTACHMENT:
12/1/11 Michael Brandman and Associates Scope of Work
ITEM NUMBER: C – 1
DATE: 12/13/11
Attachment
Attachment: 12/1/11 Michael Brandman and Associates Scope of Work
ITEM NUMBER: C – 1
DATE: 12/13/11
Attachment
ITEM NUMBER: C – 1
DATE: 12/13/11
Attachment
ITEM NUMBER: C – 1
DATE: 12/13/11
Attachment
ITEM NUMBER: C – 1
DATE: 12/13/11
Attachment
ITEM NUMBER: C – 1
DATE: 12/13/11
Attachment