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Home My WebLink AboutAtascadero Sanitation Dist./SLO CO. 11 D-1 tliru D-12 C" IN THS BOARD OF SUPER*ISO.RS. . . COUNTY OF S ANT LUIS OBISPO, STATE OF CALIFORNIA Mon April 12 82 --------- day ------------------------, 19----- PJerr Diefenderfer, Steve RESENT: Supervisors yJorgensenc , and Chairman Howard Kupper , D. Mankins Jeff ABSENT: None In the matter of Consent Agenda: Consent Agenda Item D-6 is withdrawn for separate action. Item D-12 is added to read, "Request for approval of Parcel !lap COAL 32-18 ; lst District. (RECO1,1MEND APPROVAL. ) . On motion of Supervisor Jorgensen, seconded by Supervisor Mac Elvaine, and on the following roll call vote , t wit . AYES: Supervisors Jorgensen, Mac Elvaine, Diefenderfer , Kupper, Chairman Mankins NOES: None ABSENT: None Consent Agenda Items D-1 through D-12 are approved as recommended by the Administrative Officer and as amended by this Board. Item D-4 is RESOLUTI1 NO. 82-132. Item D-7 is RESOLUTION NO. 82-133 . Item D-8 is RESOLUTION Ni 82-134. Said Consent Agenda Items D-1 through D-12 , as amended, are on file in the Office of the County Clerk and are available for public in- spection. cc: Administration 4/16/32 vml STATE OF CALIFORNIA, ss. County of San Luis Obispo, FRANCIS M. COONEY , County Clerk and ex-officio Clerk I, -- of the Board of Supervisors, in and for the County of San Luis Obispo, State of California, do hereby certify the foregoing to be a full, true and correct copy of an order made by the Board of Supervisors, as the same appears spread upon their minute book. WITNESS my hand and the seal of said Board of Supervisors, affixed this --------16th----- April jjav of-------------------------1 19- $- 3 JOINT POWERS AGREEMENT THIS AGREEMENT is made and entered into this fadL day of 1982, by and between the COUNTY OF SAN LUIS OBISPO, a political subdivision of the State of California, herein- after referred to as "County" , and the ATASCADERO COUNTY SANITATION DISTRICT, a public corporation located in the County of San Luis Obispo, hereinafter referred to as "District. " WITNESSETH: WHEREAS, the confirmation of the incorporation of the City of Atascadero was made by Resolution No. 79-238 of the Board of Supervi- sors of County, adopted June• 18, 1979; and WHEREAS , pursuant to California Health and Safety Code Sections 4730 and 4731, the City Council of the City of Atascadero has suc- ceeded the Board of Supervisors of County as the governing board of District; and WHEREAS, the citizens within the District have previously ap- proved, by election ballot, a bond issue in the amount of $1, 300 ,000 .00 for the purpose of constructing a water reclamation plant for District; and WHEREAS , in order to provide continuity in the operation, main- tenance and management of the District' s facilities and affairs, and in order to provide for the construction of the District' s water rec- lamation plant, District and County now desire to enter into a Joint Powers Agreement whereby County will act as District' s agent in oper- ating, maintaining and managing District' s facilities, and in acting as District' s agent and engineer in the construction of District' s water reclamation plant, and in acting as District' s agent in imple- menting the pending request for a g�� of funds from the Farmers Home Loan Administration; and WHEREAS, pursuant to the Joint Powers act (Government Code Sec- tion 6500 et seq. ) , District and County are empowered to enter into a Joint Powers Agreement for such purposes; NOW, THEREFORE, IT IS AGREED by and between District and County as follows: 1. Services. County shall act as the agent of District in performing the following functions and activities: a. County shall operate, maintain and manage the general affairs and operations and facilities of District, subject to the direction and control of the governing body of the District, to- wit: the City Council of the City of Atascadero represented by its agent, the District Manager or his designated representative. b. County shall act for and on behalf of District in di- recting and administering all aspects of the construction of Dis- trict' s water reclamation plant pursuant to those contract docu- ments dated July 30, 1981, and entitled: "Specifications for the Construction of Atascadero Water Reclamation Plant" and, the Coun- ty Engineer of San Luis Obispo County shall be and hereby is des- ignated and appointed "Engineer" as that term is used in the said contract documents and as that term is defined by Section 1.14 of the General Conditions of said contract documents. C. County shall act for and on behalf of District in the administration of and accounting for a grant or loan of funds from the Farmers Home Loan Administration in connection with the con- struction of District' s said water reclamation plant. -2- 2. Designation of additional insureds. District agrees to name County and its officers and employees as "Additional Named In- sureds" in all insurance policies to be maintained by the Contractor pursuant to the said contract documents dated July 30 , 1981, and Sec- tion GC-6. 2.2. thereof. 3. Compensation. District agrees to reimburse and pay County for such services on a time and material basis within thirty (30) days after billing by County. 4. Indemnification. District agrees to and shall defend, in- demnify and save harmless County and its officers, agents and employ- ees from any and all claims, demands, liability, costs, expenses, dam- ages, causes of action, and judgments, in any manner arising out of this agreement or out of the performance or attempted performance of the provisions hereof, including, but not limited to, any act or omis- sion to act or active negligence by County or its officers, agents, employees or independent contractors directly responsible to County, and including, but not limited to, any act or omission to act or ac- tive negligence by District or its officers, agents, employees, or independent contractors directly responsible to District. 5. Coordination of services. The rendition of these services by County and its employees shall be coordinated with District through the offices of the City Manager of the City of Atascadero. 6. Term. This agreement shall be effective for the period from the date of execution hereof through December 31, 1992, unless earlier terminated as provided herein. Either party to this agreement may terminate this agreement at any time prior to December 31, 1992, by giving to the other party, thirty (30) days in advance, written notice of such termination. -3- IN WITNESS WHEREOF, County and District have executed this Joint Powers Agreement on the day and year first above set forth. CITY COUNCIL CITY OF ATASCADERO, DIRECTORS, ATASCADERO COUNTY SANITATION COUNTY OF SAN LUIS OBISPO DISTRICT i BY , BY =c H WARD MANK , Chai man, ROB T J. WIL NS, JR. Board of Supervisors Mayor ATTEST: ATTEST: FRANCIS M. COONEY MU RAY ARDEN Clerk of the Board of Super isors C ty M97hager \SEAL} \SEAL} APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL EFFECT: EFFECT: JAMES B. LINDHOLM, JR. County Counsel BY R ALLEN GRIMES >� n, City Attorney BY ON; M JENK NS Dep t Cou y Counsel -4- r 1400 SUPPLEMENTAL AGREEMENT TO JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE ATASCADERO COUNTY SANITATION DISTRICT WHEREAS, SAN LUIS OBISPO COUNTY (hereinafter referred to as "County" ) and ATASCADERO COUNTY SANITATION DISTRICT (hereinafter referred to as "District" ) are in the process of approving and executing a Joint Powers Agreement regarding the construction of a Water Reclamation Plant for Atascadero County Sanitation District; and WHEREAS, paragraph No. 3 of said Joint Powers Agreement states: 113 . Compensation. District agrees to reimburse and pay County for such services on a time and material basis within thirty (30) days after billing by County. " ;and WHEREAS, County and District, by this Supplementary Agreement, will interpret and set forth in greater detail the particular terms and conditions of the obligations of each with respect to the subject matter of said paragraph No. 3 ; and WHEREAS, County and District intend that this Supplementary Agreement is merely interpretive of the Joint Powers Agreement and is not an amendement thereto; NOW, THEREFORE, County and District agree as follows : 1. Paragraph No. 3 of the Joint Powers Agreement between County and District shall be interpreted to mean the following: a. The District shall reimburse the County for County' s expenditures of budgeted operations, maintenance and capital outlay costs at the County' s full cost, as compiled in the County' s cost accounting system. Those costs include direct labor, equipment and materials , and such indirect costs as Division, Department, and County- wide overhead. b. The District shall deposit with the County Engineering Department' s Internal Service Fund a cash amount totaling 200 of the District' s annual operations and maintenance budget as adopted by the Atascadero City Council . Monthly, the County shall draw from the deposit to reimburse the County for costs incurred. The District shall replenish the cash deposit within 15 days after billing by the County. Any charges applied against the 20% deposit by the County shall be accounted for by submitting reports to the City Manager' s Office by the 10th day of the month following the month in which the disbursement was made. Quarterly, the County shall reimburse the District for interest received on the deposit based on the average monthly deposit balance at a rate equal to that received by the County. C. All funds for construction of the District' s Water Reclamation Plant shall be desposited in the County Treasury and accounted for in the Atascadero County Sanitation District Construction Fund. The County is authorized to make disbursements from the Construction Fund. Any such disbursements made by the County shall -2- j be accounted for by the County by subtili tting r--ports to the District Manager ' s Office by the Loth day of the month following the month in which the disbursement was made. d. Should the Construction Fund incur cash shortages Sue to unforeseen grant and loan payment delays , the County is authorized to pursue any available tax anticipation loans from the County General Fund for the District. The County shall not be required to provide or solicit any other source of funding. 2 . This Supplemental Agreement shall become effective only in the event that the said Joint Powers Agreement between County and District is also duly executed. Executed this day of , , 1982 . CITY COUNCIL CITY OF ATASCADERO, DIRECTORS , ATASCADERO COUNTY SANITATIO COUNTY OF SAN LUIS OBISPO DISTRICT BYBy .. HOWARD MANKINS, Chai man, ROB RT J. WIL INS, JR. Board of Supervisors Mayor ATTEST: ATTEST: FRANCIS M. GOONEY `! MUR Y L. ARDEN �^ Clerk of the Board of Supervis s City Man ger [SEAL] [SEAL] -3- e APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL EFFECT: EFFECT: JAMES B. LINDHOLM, JR. County Counsel BY ` ALLEN GRIMES City Attorney BY : J Y JON `M. dENKIN8 Aepu-6,yl County Counsel -4- B/S AGENDA FOR 4-12-82 Ifto, PAGE 2 10:50 C COUNTY ADMINISTRATOR C-1 Consideration of fees imposed to cover costs for specific county services - annual revision for FY 1982-83, and corresponding resolution. 11:00 C-2 Consideration of CSAC recommendations for financing of CSAC building renovations. 11:10 C-3 Matter of Sunny Acres Juvenile Hall site. (Continued from 3-15-82) 11:55 D CONSENT AGENDA UNLESS AN ITEM IS PULLED FOR SEPARATE ACTION BY THE BOARD, THE FOLLOWING RECOMMENDATIONS ARE APPROVED WITHOUT DISCUSSION. D-1 _ Introducing an ordinance for the--granting of a CATV franchise to serve San Simeon (Clerk's file); and letter from County Engineer. (RECOMMEND DATE OF HEARING BE SET FOR APRIL 26, 1982, AT 10:00 A.M. ) 0.2✓ Letter requesting approval of Joint Powers Agreement and Supplemental Agreement with the Atascadero County Sanitation District for the operation, maintenance and management of the district through completion of the new sewer treatment plant. (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN. ) D-3 Letter requesting approval of the revised claim for Local Transpor- tation Funds. (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.) D-4 Letter and resolution requesting acceptance of Parcel Map CO 81-146, a proposed subdivision by Gary Peterson, located on Carmel Road (4058); 5th District. (RECOMMEND APPROVAL. ) D-5 Letter requesting approval of Parcel Map COAL 81-214, a proposed subdivision by M. S. Burkhardt, located on Parkhill Road (C3092) ; 5th District. (RECOMMEND APPROVAL. ) D-6 General Services recommendations on proposed takeover of Oceano Airport, Oceano Parks, and related requests for appointment of a review committee by the Oceano Community Services District. (RECOMMEND CONCURRENCE WITH STAFF RECOMMENDATIONS.) D-7 Resolution proclaiming the month of April , 1982, as "Fair Housing Month".. (RECOMMEND APPROVAL.) D-8 Resolution amending the Position Allocation Resolution for B.U. 2270 - Central Duplicating. (RECOMMEND APPROVAL.) D-9 Notice from the Federal Emergency Management Agency regarding deadlines for County eligibility in the National Flood Insurance Program. (RECOMMEND ITEM BE REFERRED TO PLANNING DIRECTOR AND COUNTY ENGINEER FOR RESPONSE.) D-10 LAFCo notice to commence negotiation for transfer of property tax revenue for CSA #15 (Morro Bay Abmulance). (RECOMMEND ITEM BE REFERRED TO THE COUNTY ADMINISTRATOR FOR APPROPRIATE ACTION. ) D-11 Nomination of Adele Stern as a consumer member of the Emergency Medical Care Committee, by Supervisor Jorgensen. (RECOMMEND APPROVAL.) D-12 Request for approval of Parcel Map COAL 82-18 ; lst District. (RECOMMEND APPROVAL.) smw�