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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