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HomeMy WebLinkAboutAgenda Packet 12/08/1986 iCINDY WILKINS DEPUTY CITY CLERK NOTE: THERE WILL BE A SPECIAL OPEN COUNCIL SESSION IN THE FOURTH FLOOR CLUB ROOM AT 6 :30 P.M. FOR THE PURPOSE OF REVIEWING THE 1985/86 CITY AUDIT A G E N D A ATASCADERO CITY COUNCIL Regular Meeting ATASCADERO ADMINISTRATION BUILDING DECEMBER 8, 1986 7 :30 P.M. Call to Order Pledge of Allegiance Invocation - Rev. Larry Etter, Atascadero Community Church Roll Call City Council Comments ** Oath of Office for City Attorney position - Jeff Jorgensen S ** Introduction of New Employees - Kurt Stone - Fire Department, Tom Way —Fire Department, and John Harwood - Police Dept. ,COMMUNITY FORUM - (Only 15 minutes will be allowed for Community Forum at the beginning of the agenda. Citizens are requested to keep remarks under 5 minutes, and that a speaker person speak in behalf of groups.) A. CONSENT CALENDAR All matters listed under Item A, Consent Calendar , are considered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar. and�corfsidered separately. Vote- may be by roll call. 1. Approval of Minutes of Regular Council Meeting of November 24, 1986 2. Approval of Resolution 107-86 - Memorandum of Understanding Between City of Atascadero and Atascadero Sergeants Service Organization 3. Acceptance of Downtown Sewer Engineering Records Donation by Clay Loomis, Rich Engineering to the City of Atascadero Public Works Department 4. Proposed Denial of Claim against the City for damages by Arthur Popovits for $11,963. 20. 1 _ _ 5. Proposed Denial of Claim against the City for Damages by Norman Hennessey for $143.30 6. Approval of Mayor to Enter into Agreement with Tartaglia-Hughes, Consulting Engineers - Preliminary Engineering Design on Traffic Way-San Jacinto Drainage Project for under $5,000 7. Approval of Mayor to Enter into Agreement with North Coast Engineering, Inc. - Engineering Services for Santa Ysabel Roadway Reconstruction for $21,780 8. Approval of Proposed Lot Line Adjustment 8-86 - 13600 Santa Lucia - Landis-Linder/Cuesta Engineering 9. Proclamation Supporting Drunk and Drugged Driving Awareness Week B. HEARINGS, APPEARANCES, AND REPORTS 1. Zone Change 27-86 (Relating to General Plan Amendment 2G-86) - 1200-1800 E1 Camino Real - City of Atascadero/ Leonard Brazzi A. Proposed Ordinance 141 - Amendingthe Official Zoning 9 Maps from Residential Suburban to Commercial Tourist (FIRST READING) (Cont'd from 11/24 & 11/10/86) 2.- Request. by VandenBerghe Construction to Allow Creation of Private Road .Names to the Bordeaux Apartment Development Project I C. UNFINISHED BUSINESS 1. ORDINANCE 142 - Amending the Meeting Times of the City of Atascadero City Council to 2nd and 4th Tuesdays of Each Month and Pla-nning_ Commission to 1st and 3rd Tuesdays of Each� _Ionth (SECOND READING) (Cont'd from 11/24/86) D. NEW BUSINESS 1. Committee Reports - Council Members 2. Resolution 133-86 - Appropriating Council Contingency . Reserves in the Amount of $25,000 as Matching Finds for Atascadero Library L 2 • 3. Authorization for City Manager to Enter into Agreement with Bob Fielding to Provide Contractural Building Inspection Services from 12/29/86 - 6/30/87 E. PUBLIC FORUM F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager NOTE: THE REGULAR CITY COUNCIL MEETING, SCHEDULED FOR MONDAY, DECEMBER 22, 1986 IS CANCELLED. THE NEXT REGULAR CITY COUNCIL MEETING WILL BE HELD ON MONDAY, JANUARY 12, 1987. ALSO: THIS COUNCIL MEETING IS ADJOURNED TO A SPECIAL OPEN COUNCIL MEETING ON DECEMBER" 18, 1986 AT 5:30 P.M. IN THE CLUB ROOM (LOCATION) FOR THE PURPOSE OF DISCUSSING THE FOLLOWING: 1. Adopting of Resolution 134-86 - Approving unpaid assessment list, authorizing issuance of bonds, approving official statement, and approving bond purchase contract. 2. Amending Resolution 135-86 - Awarding construction contract for Sanitation Sewer Assessment District Number 4 3 WEEfihiG DATE n-EM ATASCADERO CITY COUNCIL MINUTES November 24, 1986 Atascadero Administration Building The regular meeting of the Atascadero City Council was called to order at 7:30 p.m. by Mayor Mackey, followed by the Pledge of Allegiance. An invocation was given by Rev. Dan Phillips, Church of Latter Day Saints. ROLL CALL Present: Councilmembers Borgeson, Handshy, Molina, Norris and Mayor Mackey Absent: None STAFF Mike Shelton, City Manager ; Robert Jones, Int. City Attorney; Mike Hicks, Fire Chief; Henry- Engen, Community Development Director.; Paul • Sensibaugh, Public Works Director ; Bob Best, Recreation Director; Boyd Sharitz, City Clerk; Cindy Wilkins, Deputy City Clerk COUNCIL/STAFF COMMENTS - None COMMUNITY FORUM - No comments A. CONSENT CALENDAR 1. Approval of Minutes of Regular Council Meeting of November 10, 1986 2. Approval of Finance Director ' s Monthly Report - October , 1986 3. Approval of Treasurer 's Monthly Report - October, 1986 4. Approval of' Proposed Resolution 118-86 - Authorizing Applica- tiorr for Grant Funds for Traffic Way Softball Fields Improvement Project Under -the Community Parklands Act of 1986 5. Approval of Dial-A-Ride Out of Contract Services - Transportation Services to Charitable Thanksgiving Dinner at Atascadero Lake Park 6. Approval of Resolution 130-86 - Exemption of Certain Employee Classifications from Provisions of the Fair Labor Standards Act • 7. Acceptance of Final Map 15-86 - 12100-12040 San Marcos Road - Hendrix/Twin Cities Engineering__ - 8. Re-Affirmation of Council Prior Approval of Final Lot Line Ad- 1 justment 12-85 - 9250 Santa Lucia - Hawkins/Cuesta Engineering - 9. Approval of Lot Line Adjustment 9-86 —11255 and 11305 San Marcos Road Adjustment of Property Line Between 2 Existing Lots Lind- ner/Cuesta Engineering 10. Approval of Tentative Tract Map 30-86 - 8375 Amapoa - Creation of 6 Residential Air-Space Condominiums 'Salmeron/Cuesta Engineer- ng Councilwoman Borgeson requested Item A-6 be pulled for discussion. MOTION: By Councilman Handshy to approve Items Al-10, minus #6, seconded by Councilwoman Norris; passed unanimously by roll- call. Councilwoman Borgeson asked for an explanation (as to why so many employees ' would be exempt) on Item A-6; Mike Shelton,- City Manager, responded by summarizing the applicable FLSA guidelines utilized by each department head in determining employees categorically exempt (noting this does not disallow the City to pay overtime to certain employees, i.e. , emergency services personnel) ._ MOTION: By Councilman Handshy _ to approve Item A-6, seconded by Councilwoman Norris; passed unanimously by roll-call. B. HEARINGS, APPEARANCES AND REPORTS 1.,�. Public Hearing - Final Grantee Performance Report - Community Dev- elopment Block Grant - 95 Unit Senior Citizens Housing Project - 10165 E1 Camino Real (Judy & Ed Young) Henry Engen, Commun. Devel. Director , gave staff report. Public Comment Judy Young, representing California Manor, summarized the current occupancy and rental costs of the units, noting this facility is cur- rently the lowest rent low-income, elderly facility in the County based on ; compar"isons,with' -similar facilities -- thanks to grant mon- ies. C. UNFINISHED BUSINESS 1. General Plan Amendment 2H-86/Zone Change 22-86 Atascadero-Portola Residential Study Area City of Atascadero/Hawkins A. Ordinance 140 -Amending the Official Zoning Maps from RSF-Y to RSF-X (SECOND READING) (Cont'd from 11/10/86) • Henry Engen, Commun. Devel. Director ,. gave brief staff comments. 2 • i MOTION: By Councilman Molina to read Ord. 140 by title only,- seconded by Councilman Handshy; passed unanimously. Mayor Mackey read Ord. 140 by title. MOTION: By Councilman Molina that this constitutes the second reading and adoption of Ord. 140, seconded by Councilwoman .: Norris; passed unanimously by roll-call. 2. General Plan Amendment 2G-86/Zone Change 27-86 - 1200-1800 E1 Camino Real - City of Atascadero/Leonard Brazzi Henry Engen, Commun. Devel. Director, gave staff report, summarizing legal opinion submitted (as requested by Mr. Engen) by Int. City At- torney, Robert Jones, which is included in agenda packet. No public comment. MOTION: By Councilman Molina that staff readvertise a public hearing on this item as a proposed rezone to CR designation, seconded by Councilwoman Norris; passed 4 :1, with Councilwoman Bor- geson opposed. D. NEW BUSINESS 1. Consideration of General Plan Amendment Proposals for Cycle 1 - 1987 Henry Engen, Commun. Devel. Director, gave staff report, reviewing proposed amendments and summarizing staff recommendations, followed by discussion with Council. MOTION: By Councilman Handshy that Council concur with staff recom- mendations and direct staff to prepare analyses and bring back for public hearing (s) the General Plan Amendment areas recommended by the Planning Commission, seconded by Council- man Molina; passed unanimously. *, Note: , Item D-2" moved to end of agenda (E-1) as is ACSD Board 'matter. 3. Proposed Resolution 132-86 - Mayor to _ Enter into Contractual Agreement with Jeff Jorgensen for City Attorney Services Mike Shelton, City Manager , gave staff report, summarizing proposed agreement. Councilman Molina expressed interest in ascertaining who Mr . Jorgen- sen' s designated alternate would be; Mr. Shelton responded that, in talking with Mr. Jorgensen, he indicated he would submit a list of 3 or 4 local attorneys, whom he might cal-1 upon in his absence, for Council approval (see Sec. 5 of the agreement) . 3 MOTION: By Councilwoman Norris to adopt Res. No. 132-86 , seconded Councilwoman Borgeson; passed by 3: 2 roll-call, with Council- members Handshy and Molina opposed. 4. Proposed Ordinance 142 - Changing the City Council Regular Bi- Monthly Meetings from Second and Fourth Mondays to Second and Fourth Tuesdays, and Changing the P.lannibg Commission Regular Bi- Monthly Meetings from First and Third Mondays to First and Third Tuesdays, Both Being Effective March 1, 1987 Mike Shelton, City Manager , made brief staff comments, noting (in ad- dition to reasons summarized in staff report) that the change would eliminate the conflict experienced due to the many holidays which fall on Mondays. Councilman Molina expressed his feeling that this change would give the Councilmembers Monday and Tuesday to meet with constituents, rath- er than only the weekends prior to meetings. MOTION: By Councilman Molina to read Ord. 142 by title only, seconded by Councilman Handshy; passed unanimously. Mayor Mackey read Ord. 142 by title. " MOTION: By Councilman Molina that this constitutes the first readin of Ord. 142, seconded by Councilman Handshy; passed unan mously. Second reading to be at next regular meeting. 5... Rule No. 20-Underground Utilities Conversion Ad Hoc Committee Appointments Paul Sensibaugh, Pub. Works Director, gave staff report and responded to questions from Council. Councilwoman Borgeson asked how committee members are chosen; Mr. Sensibaugh referred to the program outline, which addresses that. Council concurred with appointing suggested committee members as list- ed in staff report: PG & T - Don Smiths Pacific Bell - Jess Lee Falcon Cable - Tom Hatchell City of Atascadero - Paul Sensibaugh & Henry Engen Morro Road - Grigger Jones Additionally, Kirk Pearson, present in the audience, accepted request to represent the Central Business District. Mr . Sensibaugh will approach Rex Hendrix to represent E1 Camino Real, South and Jack Stinchfield to represent E1 Camino Real North and get confirmation their availability to serve on said committee. Mr . Sensibaugh stat the committee will meet and report back to- Council, to which Councii consented. 4 MOTION: By Councilman Molina to recess as Council and convene as the Atascadero County Sanitation District Board of Directors, seconded by Councilman Handshy; passed unanimously. E. ATASCADERO COUNTY SANITATION DISTRICT (ACSD) * Note: This item was listed on . the agenda -as D-2. 1. Proposed Resolution 131-86 - Agreement Between City of Atasca- dero and Atascadero Unified School District for Extension of City Sewer Service to the San Gabriel School Site Paul Sensibaugh, Pub. Works Director, gave staff report, noting that the reimbursement agreement (mentioned in staff report in agenda packet) will be brought back for Council consideration. MOTION: By Director Molina to adopt Res. No. 131-86,_ seconded by Director Handshy; passed unanimously by roll-call. MOTION: By Director Molina to adjourn as ACSD Board and reconvene as City Council, seconded by Director Handshy; passed unanimous- ly. E. PUBLIC FORUM Tom McNamara, resident, spoke to an issue he has recently encountered ,with the Building Department which has led him to seek recommendation through hearing by the Board of Appeals; he feels it has to do with -attitude more than code, and he stressed consistency and uniformity in building code application. F. INDIVIDUAL DETERMINATION AND/OR ACTION City Council - Councilwoman Norris asked if the downtown parking report (requested at last meeting) is available; Mayor Mackey responded that she has met with both Mr. Grisanti and Mr. Pearson, but that the report is not ready at this time. Mayor Mackey asked for committee reports from members of various committees at next meeting, if the agenda is not too full. She also hopes the Council, in January, will-discuss goals and objectives for next year . Additionally, she announced, (1) the Californians for Better Transportation annual meeting on Dec. -3, 1986, in Sacramento and hopes a representative of the City might be able to attend, and (2) reannounced the Hospice Tree Lighting on Dec. 3 at 6: 00 p.m. on the steps of the Administration Building. City Attorney - Robert Jones announced his law firm has been proud to serve the City over the past 18 months, summarizing various assignments performed and thanking .the City Council, on behalf of himself, Tom Morlan and Roy Hanley, for allowing them to serve. 5 leCity Manager - Noted that Council, for staff planning purposes, may desire to cancel their meeting of Dec. 22, as has been traditionally done in past years due to Christmas; Mr. Jones reminded Council they may wish to call a special meeting (prior to the 22nd) to take some necessary action related to Sewer Assessment District No. 4, ad- vising them to leave the Dec. 22nd meeting as scheduled until a decision is made. MEETING ADJOURNED AT APPROX. 9:00 P.M. TO 6:30 P.M. ON DECEMBER 8, PRIOR TO NEXT REGULAR MEETING, FOR PURPOSE OF PRESENTATION OF AUDIT FOR THE LAST FISCAL YEAR BY RON LEVY, ROBERT M. MOSS ACCOUNTING FIRM, TO BE HELD IN THE FOURTH FLOOR CLUB ROOM, WHICH MEETING IS OPEN TO THE PUBLIC. MINUTES RECORDED BY: BOYD C. SHARITZ, City Clerk PREPARED BY: CINDY WILKINS, Deputy City Clerk y- 6 �rFT:N 3 AG=NDA 7c Z ITEM --L� RESOLUTION 107-86 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND THE ATASCADERO SERGEANTS SERVICE ORGANIZATION WHEREAS, the City of Atascadero has met and conferred in good faith with the Atascadero Sergeants Service Organization for the purpose of discussing wages, benefits, and other conditions of employment; and WHEREAS, the City of Atascadero and the Atascadero Sergeants Service Organization Bargaining Unit have reached an agreement regarding said wages, benefits, and other conditions of employment for the term of Fiscal Year 1986/87; and NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council hereby approves the Memorandum of Understanding between the City and the Atascadero Sergeants Service Organization for Fiscal Year 1986/87, and authorizes the City Manager, as the Employee Relations Officer , to enter into said agreement on behalf of the City. . On motion by Councilperson and seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CALIFORNIA By: MARJORIE R. MACKEY, Mayor ATTEST: ` BOYD C. SHARTIZ, City Clerk • T APPROVED AS TO CONTENT: i MICHAEL SHELTON, City Manager APPROVED AS TO FORM: -JEFFREY G. JORGENSEN City Attorney i • Y � • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND THE ATASCADERO SERGEANTS' SERVICE ORGANIZATION (POLICE SERGEANT' S BARGAINING UNIT) This Memorandum of Understanding is made and entered into between the Employee Relations Officer of the City of Atascadero, hereinafter referred to as "City", and the Atascadero Sergeants' Service Organization, hereinafter referred to as "Association", pursuant to California Government Code Sections 3500 et seq. ; City of Atascadero Ordinance No. 24, dated July 14, 1980; and City of Atascadero Resolution No. 12-80, dated July 14, 1980, and subsequent amendments hereto. The parties have met and consulted in good faith regarding employment terms and conditions for members of the Police Sergeants' bargaining unit as recognized by the City of Atascadero on March 28, 1983, and having reached agreement as hereinafter set forth, shall submit this Memorandum to the City Council with the joint recommendation that that body resolve to adopt its terms and conditions and take such other or additional action as may be necessary to implement its provisions. Section 1 . 0 Purpose. It is the purpose of this Memorandum of Understanding, hereinafter referred to as "MOU", to promote and provide for continuity of operation in employment through harmonious relations, cooperation and understanding between management and 'the employees covered by the provisions of this Agreement and to set forth the understanding reached between the parties as a result of good faith negotiations on the matters set forth herein. Section 2 . 0 Full Understanding, Modifications, Waiver. This MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any other prior or existing understanding or agreement by the parties, whether formal or informal, regarding any such matters, are hereby suspended or terminated in their entirety, if in conflict with this Memorandum. Section 3. 0 Salaries . 3. 1 Salaries in effect on July 41986, shall be increased by three (3%) percent effective July 5, 1986. 3 .2 The salaries in effect on January 2, 1987 shall- be increased by three (3%) percent effective January 3, 1987 . - 1 - 3.3 The City will continue to pay the employee' s seven (7%) percent PERS contribution for the term of this agreement . Section 4 . 0 Medical/Dental Benefits . 4 . 1 Effective November 1, 1986 the City shall discontinue the medical and dental programs under the New England Life Insurance Company. Effective November 1, 1986 the City will- offer employees the option of the California Care HMO Plan and either the Blue Shield PreferredMedical Plan or the Blue Shield Major Medical Plan as outlined pursuant to Appendix A. Employees shall select one of the two Blue Shield plans by majority vote of those not selecting the California Care HMO. The City shall also implement the Blue Shield Dental Program as outlined in Appendix A effective November 1, 1986. 4 .2 The City agrees to pay for all medical and dental benefits for each police sergeant employee under the medical plan selected pursuant to 4 . 1 above. 4 .3 Effective November 1, 1986 the City agrees to pay up to, but not more than, $99.25 per month, per employee, toward the monthly medical and dental insurance premium for all eligible employee spouses, children or dependents as defined by the insurance agreements . For those employees without dependents or who do not choose to enro=1-1 their dependents in the City plan, the $99.25 per month shall be paid to the employees as an addition to his/her regular salary. Section 5. 0 Holidays . 5. 1 City agrees that Association members shall continue to receive one (1) holiday as provided for by City Resolution No. 52-82 dated November 8, 1982, to be known as a "floating holiday" . Said floating holiday shall be one (1) day per year based upon the employee' s birthday. Employee may take such holiday at his/her choice of time consistent with the scheduling needs of the City and subject to approval of the Department Head. 5.2 Unit members shall be allowed to accrue 32 holiday hours prior to required payoff. R Section: 6.0 Term- Life'-Insurance. 6. 1 City shall continue to provide a term life insurance policy for each employee in a total amount-of FIFTEEN THOUSAND DOLLARS ($15, 000 . 00) and shall pay all -premiums-. for such policy during the term of this agreement . 6.2 The City shall maintain a term life insurance policy for each dependent of each unit member in a total amount of One Thousand Dollars ($1, 000 . 00) per dependent and shall pay all premiums for such policy during the term of this Agreement. 2 - Section 7 . 0 Work o Schedules . 7 . 1 Shift employees (excluding administrative and investigative personnel) shall work eight (8) consecutive hours . A one-half (1.2) hour lunch period may be taken during the shift if the work load permits and as authorized and scheduled by the shift supervisor. Employees shall be considered to be on-duty during the lunch period and shall -answer -cails as assigned. - In addition to the work schedules called for above, shift sergeants will report to work at least fifteen minutes prior to the beginning of their shift to allow for a briefing period. It is mutually understood and agreed that Unit members are agreeing to this briefing period, and that improvements in overtime compensation (Section 8 . 0) are being provided in return for the briefing period. 7 .2 In general, employee shall be scheduled to work five (5) consecutive days with two (2) consecutive days off. Exceptions shall be made for (1) employees volunteering for other schedules (2) employees needing schedule adjustments to allow for military leave (3) employees needing schedule adjustments to accommodate schooling and (4) emergencies. Section 8 . 0 Overtime 8 . 1 Overtime shall be compensated at the rate of time and one half (1-1/2) for hours worked in excess of eighty (80) hours in each bi-weekly pay period. Paid time off shall be considered ,time worked for overtime compensation purposes . Briefing time pursuant to Section 7 above shall not be considered time worked for overtime calculation purposes. 8 .2 All overtime work which is less than one hour increment in a work shift shall be compensated for in the following manner: 1 to 15 minutes, overtime compensation 0 16 to 30 minutes, overtime compensation 1/2 hour 31 to 4,5 minutes, overtime compensation 3/4 hour `46_�to 60 minutes, overtime compensation 1 hour 8 . 3 Any overtime increments worked over one (1) hour shall be compensated as in the above-referenced increments . Compensatory time off in lieu of overtime shall be computed at - 3 - the rate of time and one-half and shall be granted to employees at the mutual convenience of the Police Department and the employee and subject to the accumulation provisions as defined by City Resolution No. 12-80 dated July 14, 1980, Personnel Rules and Regulations . Effective July 1, 1986, the compensatory time accrual maximum shall be twenty-four (24) hours. 8:. 4 It is further agreed, -- however' that overtime will not be paid for hours traveling, studying, or evening classes, etc. , when an employee is attending an out of town school . Section 9. 0 Probationary Period. The probationary period for newly hired employees shall be eighteen months. The probationary period for employees promoted to a higher classification shall be twelve months in the new classification. Section 10 . 0 Standby Compensation. 10 . 1 Employees may be placed on standby status by the Chief of Police. Standby Duty shall not be considered as hours worked for the purpose of computing overtime. 10 .2 Compensation for police sergeants on standby assignments shall be at the rate of two (2) hours straight time compensation for every four (4) hours of actual time in a standby assignment, prorated for more or less than four hours . Minimum 'compensation will be for one (1) hour of straight time unless the sergeant is called to duty during the first hour of standby status. In the event that the sergeant is called to duty during the first hour of standby status the provisions for standby compensation shall not apply; rather the normal overtime provisions of Section 8 . 0 of this MOU shall apply. 10 .3 The sergeant in a standby status must provide the police dispatcher with a telephone number where he or she can be reached directly and be able to respond to the predetermined duty assignment in twenty minutes or less from the time of notification. Section 11 . 0 Management Rights . 11 . 1 The authority of the City includes, but is not limited to the exclusive right to determine the standards of service; determine the procedures and standards of selection for 4 - employment and promotion; direct its employees; take disciplinary action for "just cause"; relieve its employees from duty because of lack of work or for other legitimate reason; maintain the efficiency of governmental operations; determine the methods, manning and personnel by which governmental operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and "discretion over its organizations and the technology of performing its work; provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from consulting or raising grievances over the consequences or impact that decisions on these matters may have on wage, hours and other terms of employment . Section 12 . 0 Peaceful Performance. 12 . 1 During the life of this agreement no work stoppages, strikes, slowdowns, or picketing shall be caused or sanctioned by the Atascadero Sergeants' Service Organization (ASSO) , and no lockouts shall be made by the City of Atascadero. 12 .2 In the event that any employees covered by this agreement, individually or collectively, violate the provisions of this article and the Atascadero Sergeants' Service Organization fails to exercise good faith in halting the work interruption, the Association and the employees involved shall be deemed in violation of this article and the City shall be . 'entitled to seek all remedies available to it under applicable law. Section 13 . 0 Litigation. In the event of a final Court judgment awarding any or all Unit members salary adjustments, then said adjustments shall be calculated using the salary scale prevailing at the time of the disputed events . Section 14 . 0 Acting Pay Employees in the classification of Police Sergeant who are assigned `to= work as- Acting Chief shall receive out of classification pay after working ten (10) cumulative shifts as Acting Chief in any fiscal year. All other provisions of the Personnel Rule Regulations regarding payment of- out of classification pay remain unchanged. 5 _ n � s Section 15 . 0 Term and Effect of Agreement This MOU shall be effective July 1, 1986, and shall remain in effect to and including June 30, 1987 . Section 16. 0 Applicability of Personnel Rules and Regulations . It is agreed and understood that in all other respects except as specifically enumerated by the MOU, the rules regulations and conditions of employment of the City of Atascadero as established by Ordinance No. 24 dated July 14, 1980, Resolutions No. 12-80 dated July 14, 1980, Resolution No. 31-81 dated October 12, 1981, and Resolution No. 52-82 dated November 8, 1982, shall remain in full force and effect . ATASCADERO SERGEANTS' SERVICE CITY OF ASCADERO ORGANIZATION BARGAINING UNIT DATE DATE 6 - ETNG AG_NOA ATc �.2 ITEM# - MEMORANDUM To: Honorable Mayor and City Council _ Through: Michael Shelton, City _Manager From: Paul M . Sensibaugh, Director of Public Works/City Engineer Re: Donation of Engineering Plan, Records Recommendation: Staff recommends that council accept the donation from Pick Engineering to become a part of the miscellaneous records in the Engineering Division of the Department of Public Works . Discussion- Clay Loomis of Rick Engineering= was formerly employeed by Kennaly Engineering . One of the pT-ejects that he expended much time on at SKennaly was a sewer flow analysis of the downtown sewer system . He now wants to donate the wcrk in the amount of $10,000 which is his estimate for his services . , The City actually used some of the mapping from Kennaly for the Sewer- ewer Study conducted by John Wallace & Assoc . in 1985 . As council may - recall John Kennaly on behalf of a few developers wanted to donate his work as the sewer study . This was not acceptable and was considered biased at the time . No doubt the Loomis donation is that same material . While the City would not purchase this material since we have a complete analysis of the sewer system it is probably wise to accept this donation as it could be valuable in research or as backup data to our study . Fiscal Impact , Clay Loomis is making no secret about theill.terior motive For the donation, namely tax deductions . This is the last chance for many tax benefits to businesses and the December- 8 meeting is timely for the donation . Additionally , however, he is sincere in his goal to have the City receive the benefit of his hard work and expertise and is aplauded for that . There is no cost to the City for this donation estimated at $10, 000 . n EET:NG AG`NDA O • TE 8I EM #--L MEMORANDUM To: Mike Shelton, City Manager From: David G. Jorgensen, Admin. Svcs. Director Date: December 2, 1986 Subject: Claim of Arthur Popovits RECOMMENDATION City Council deny the above-mentioned claim which was submit- ted on August 27, 1986. BACKGROUND F Claimant alleges damage to vehicle caused by City police car. City' s adjustors, Carl Warren & Co. , have reviewed this claim AInd recommend denial at this time. • 1 Z 2LA _Z ( DA %E M E M O R A N D U M To: Mike Shelton, City Manager ' From: David G. Jorgensen, Admin. Svcs. Director Date: December 3, 1986 Subject: Claim of Norman Hennessey RECOMMENDATION City Council deny the above-mentioned claim in the amount of $143.30 , which was submitted on-October 18, 1986. BACKGROUND Claimant alleges he twisted his ankle stepping in a hole at Atascadero Lake Park. file: henessey _ rET+N a AG-NlOA MATE /Z gX I EM # �o MEMORANDUM To: Honorable Mayor and City Council b Ihrough: Michael Shelton, City Manager a From: Paul M . Sensibaugh, Director of Public Works/City Engineer Re: Traffic Way-San Jacinto Drainage Engineering Agreement Recommendation: Staff recommends that council appoint the engineering firm of Tartaglia-Hughes to complete the preliminary design For the above project . Bac}round• Council requested during the 1986-87 budget hearings -that the above area be studied and that a preliminary design be presented at the next year 's session complete with a cost estimate for further consideration . Discussion: State statute directs the manner in which consultants are to be selected For design work . A consultant(s7 is selected based on his backround and expertise and is invited to submit a cost proposal . On small projects it is staff 's position that local consultants need not be subjected to a long process of selection if they are qualified to do the work and if a Fair and reasonable price is mutually accepted for the work . Iartaglia-Hughes is a local firm with a solid backround in drainage design and is recommended to complete the above design . A copy of their proposal = is i1ttached for.- your consideration . It is basically an liourly rate times a multiplier For overhead and profit, with an upset figure not to exceed . Fiscal Impact: The 1986-87 Budget included a line item For this work in the amount of $5000 . The preliminary design work will not exceed this estimate . Any final design or construction work will have to be included in future competition in the capital improvement budget . y� § 4500 PUBLIC WORK AND PURCHASES Title 1 Notes of Decisions 1. In general plicable sections of the Civil and Govern. Pedestrian overcrossings constructed ment Codes and must be made accessible with public funds are "sidewalks" and to and usable by the physically handl. public facilities within the meaning of ap- capped. 58 0ps.4tty.Gen. 512, 740-75. Chapter 10 CONTRACTS WITH PRIVATE ARCHITECTS AND ENGINEERING FIRMS SM 4525. Definitions. 4526. Public policy. 4427. Annual statements of qualifications and performance data; an- nouncement of projects. 4528. Negotiation of contracts. 4529. Technical contracts not requiring professional judgments. Chapter 10 was added by Stats.1974, C. 1434, P. 3137, § 1• - Administrative Code References Rules and regulations,see 23 Cal.Adm.Code 380 et seq. Selection procedures,see 21 Cal.Adm.Code 1301 et seq., 1520 et seq. 4525. Definitions For purposes of this chapter, the following terms shall have the following meanings: (1) The term "firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture or engineering. (2) The term "agency head" means the secretary, administrator, or head of a department, agency, or bureau of the State of California authorized under the State Contract Act to contract for architectural and engineering services. (3) The term "architectural and engineering services" includes ` .those professional services of an architectural or engineering nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform. (Added by Stats.1974,c. 1434, p.3137, § 1.) Library References Public Contracts 0-6. Words and Phrases Werm.Ed.) C.J.S. Public Contracts 4$ 8.9. 444 Div. 5 CONTRACTS WITH ARCIIITFCTS, ETC. § 4528 § 4526. Public policy Notwithstanding any other provision of law, it shall be consid- ered to be the public policy of the State of California and any politi- cal subdivision thereof that selecting by an agency head for profes- sional services of private architect -or engineering firms shall be on the basis of demonstrated competence and on the professional qualifi- cations necessary for the satisfactory performance of the services re- quired. Agency heads contracting for private architectural and pro- fessional engineering services shall adopt by regulation procedures which assure that such services are engaged on the basis of demon- strated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the public agencies. Furthermore, such procedures shall assure maximum participation of small business firms, as defined by the Director of General Services pursuant to Section 14837 of this code. (Added by Stats.1974,c. 1434, p. 3137, § 1.) Library References Public Contracts C—G. C.J.S. Public Contracts §§ 8,J. § 4527. Annual statements of qualifications and performance data; announcement of projects In the procurement of architectural and engineering services, the agency head shall encourage firms engaged in the lawful practice of their profession to submit annually a statement of qualifications and performance data. Statewide announcement of all projects requiring architectural or engineering services shall be made by the agency head through publications of the respective professional societies. The agency head, for each proposed project, shall evaluate current statements of qualifications and performance data on file with the agency, together with those that may be submitted by other firms regarding the.pro- posed project, and shall conduct discussions with no less than three firms regarding anticipated concepts and the relative utility of alter- native methods of approach for furnishing the required services and then shall select therefrom, in order of preference, based upon crite- ria-'established and published by him, no less than three of the firms deemed to be the most highly qualified to provide the services re- quired. (Added by Stats.1974,c. 1434, p. 3137, § 1.) § 4528. Negotiation of contracts (a) The agency head shall negotiate a contract with the best qualified firm for architectural and engineering services at compensa- 445 § 4528 PUBLIC WORK AND PURCHASES Title 1 tion which the agency head determines is fair and reasonable to the State of California or the political subdivision involved. (b) Should the agency head be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price he determines to be fair and reasonable to the State of California or the political subdivision involved, negotiations with that firm shall be formally terminated. The agency head shall then undertake negotia- tions with the second most qualified firm. Failing accord with the second most qualified firm, the agency head shall terminate negotia- tions. The agency head shall then undertake negotiations with the third most qualified firm. (c) Should the agency head be unable to negotiate a satisfactory contract with any of the selected firms, he shall select additional firms in order of their competence and qualification and continue ne- gotiations in accordance with this chapter until an agreement is reached. (Added by Stats.1974,c. 1434,p.3138, § 1.) § 4529. Technical contracts not requiring professional judgments This chapter shall not apply where the agency head determines that the services needed are more of a technical nature and involve little professional judgment and That requiring bids would be in the public interest. 4 (Added by Stats.1974,c. 1434,p.3138, § 1.) .y . 446 \) # 0 TH TARTAGLIA-HUGHES CONSULTING ENGINEERS 7360 EL CAMINO REAL, SUITE E • P. O. BOX 1930 ATASCADERO, CALIFORNIA 93423 PHONE (805) 466.5660 City of Atascadero December 2 , 1986 P. O. Box 747 Atascadero, CA 93423 File: 04 Attention: Mr. Paul M. Sensibaugh Director of Public Works- City Engineer Subject: Proposal for the Preparation of a Storm Drain Master Plan for the Traffic Way - San Jacinto Avenue to Rosario Avenue Area Dear Mr. Sensibaugh: Transmitted herewith are seven copies of our proposal for the preparation of the Storm Drain Master Plan for the Traffic Way - San Jacinto Avenue to Rosario Avenue area. Should you have any questions regarding the proposal, please contact our office. Sincerely yours, Tartaglia-Hughes Consulting Engineers Robert C. Tartaglia Civil Engineer RCT:jf _ Enclosures • ING 1 AG NDA A MEMORANDUM To: Honorable Mayor and City Council Through: - Michael Shelton, City 'Mariaget, From: Paul M . Sensibaugh, Director of Public Works/City Engineer Re: Santa Ysabel Reconstruction Design Using SB-300 Funds Recommendation: Staff recommends that council appoint the engineering firm of North Coast Engineering to complete the design for the above project . Backround: Council authorized during the 1985-87 budget hearings .that the above location be considered for reconstruction using SB-300 funds that can only be used for roadway reconstruction . The northerly and of Traffic Way is also being reconstructed in a lesser manner with SB- 300 funding in conjunction with the annual resurfacing project. This work was also previously authorized by council . Discusf'ion: Santa Ysabel from Hgwy 'i1 to Curbaril is zoned multiple family but is a mixture of single family , business and multiple family . Much of the area is being widened out as apartment projects are conditioned For public improvements . It is expected, however, that there may be a slow down of apartment development due to a surplus of multiple family , the new tax laws and the' new building regulations. The previously widened portions have been for the most part layed out to a county-ae-signed profile but the existing crosssection was never retrof=itted to the-new design . Without a project of the nature being proposed' it is unlikely that the area would ever be corrected to acceptable standards . A new profile -grade, new crosssection and drainage facilities are badly needed on Santa Ysabel . It is not anticipated to complete any sidewalk work along -'Frontage unless the property pays for the improvements . However, curb and gutter and pavement reconstruction will be planned throughout . Driveways, trees and utilities will complicate the design and the • construction . However, with the increased congestion on E1 Camino Peal this route will become an important parallel in the near future . North Coast Engineering has an office in Paso Robles and has included John McCarthy , P .E . Cformer Paso City Engineer and City Manager) and Patsy West Cformer City of Atascadero Engineering Technician on their already competent team . Staff has invited the attached cost proposal for council 's consideration . It is based on an hourly rate which includes overhead and profit, with an upset figure not to exceed . The design is expected to be completed this Spring and construction is anticipated to be bidprior to the next fiscal year . Fiscal Impact: -� The SB-300 highway funds are included in this year 's budget in the amount of $180, 000, of which about $60, 000 is designated for the Traffic Way project and approximately $120, 000 is intended for the above project, including engineering . • § 4500 PUBLIC WORK AND PURCHASES Title I Notes of Decisions 1. In general plicahle sections of the Civil and Govern. Pedestrian overcrossings constructed ment Codes and must be made accessible with public funds are "sidewalks" and to and usable by the physically handl- public facilities within the meaning of,_ap capped. 58 Q1)9.;4tty.Gen. 512, 7-30-75. Chapter 10 CONTRACTS WITH PRIVATE ARCHITECTS AND ENGINEERING FIRMS SM 4525. Definitions. 4526. Public policy. 4427. Annual statements of qualifications and performance data; an- nouncement of projects. 4528. Negotiation of contracts. 4529. Technical contracts not requiring professional judgments. Chapter 10 was added tib Stats-1974, C. 1434, P. 3137, § 1. Administrative Code References Rules and regulations,see 23 Cal.Adm.Code 380 et seq. Selection procedures,see 21 Cal.Adm.Code 1301 et seq., 1520 et seq. § 4525. Definitions • For purposes of this chapter, the following terms shall have the following meanings: (1) The term "firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture or engineering. (2) The term "agency head" means the secretary, administrator, or head of a department, agency, or bureau of the State of California authorized under the State Contract Act to contract for architectural and engineering services. ,-(3) The ter» "architectural and engineering services" includes those professional services of an architectural or engineering nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform. (Added by Stats.1974,c. 1434,p.3137, § 1.) Library References Public Contracts «6. Words and Phrases (Perm.Ed.) C.J.S. Public Contracts J4 8,9. 444 lJ Ni Div. 5 CONTRACTS WITH AltC111TFCTS, ETC. § 4528 § 4526. Public policy Notwithstanding any other provision of law, it shall be consid- ered to be the public policy of the State of California and any politi- cal subdivision thereof that selecting by an a,gertcy head for profes- sional services of private architect'-or en';ineering firms shall be on the basis of demonstrated competence and on the professional qualifi- cations necessary for the satisfactory performance of the services re- quired. Agency heads contracting for private architectural and pro- fessional engineering services shall adopt by regulation procedures which assure that such services are engaged on the basis of demon- strated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the public agencies. Furthermore, such procedures shall assure maximum participation of small business firms, as defined by the Director of General Services pursuant to Section 14537 of this code. (Added by Stats.1974,c. 1434, p.3137, § 1.) Library References Public Contracts C-6. C.J.S. Public Contruetn §§ 8.9. § 4527. Annual statements of qualifications and performance data; announcement of projects In the procurement of architectural and engineering services, the agency head shall encourage firms engaged in the lawful practice of their profession to submit annually a statement of qualifications and performance data. Statewide announcement of all projects requiring architectural or engineering services shall be made by the agency head through publications of the respective professional societies. The agency head, for each proposed project, shall evaluate current statements of qualifications and performance data on file with the agency, together with those that may be submitted by other firms regarding the.pro- posed project, and shall conduct discussions with no less than three firms regarding anticipated concepts and the relative utility of alter- native methods of, approach for furnishing the required services and then shdll-select therefrom, in order of preference, based upon crite- -ria established and published by him, no less than three of the firms deemed to be: the most highly qualified to provide the services re- quired. (Added by Stats.1974,c. 1434, p. 3137, § 1.) § 45528. Negotiation of contracts (a) The agency head shall negotiate a contract with the best.. qualified firm for architectural and engineering services at compensa- 445 - ti § 4528 PUBLIC WORK AND PURCHASES Title 1 tion which the agency head determines is fair and reasonable to the State of California or the political subdivision involved. (b) Should the agency head be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price he determines to be fair and reasonable to the State of California or the political subdivision involved, negotiations with that firm shall be formally terminated. The agency head shall then undertake negotia- tions with the second most qualified<firm. Failing accord with the second most qualified firm, the agency head shall terminate negotia- tions. The agency head shall then undertake negotiations with the third most qualified firm. (c) Should the agency head be unable to negotiate a satisfactory contract with any of the selected firms, he shall select additional firms in order of their competence and qualification and continue ne- gotiations in accordance with this chapter until an agreement is reached. (Added by Stats.1974,c. 1434,p.3138, § 1.) § 4529. Technical contracts not requiring professional judgments This chapter shall not apply where the agency head determines that the services needed are more of a technical nature and involve little professional judgment and that requiring bids would be in the public interest. (Added by Stats.1974,c. 1434,p.3138, § 1.) z 446 r V\ A//911C NORTH COAST ENGINEERING, INC. r`/= Civil Engineering • Land Surveying - Project Development December 2, 1986 Mr. Paul Sensibaugh Director of Public Works City of Atascadero 6500 Palma Ave. Atascadero, CA 93422 Subject: Agreement for Engineering Services - Santa Ysabel Reconstruction Dear Mr. Sensibaugh: Per your request please find enclosed our Agreement for Engineer- ing Services for the design of the reconstruction of a portion of Santa Ysabel Avenue in Atascadero. We are prepared to begin work immediately upon authorization by the City Council. We will be_g.in by completing the I. Preliminary Phase Services as described in Exhibit A of the Agreement. Essen- tially, this will involve the collection of existing maps and plans for the area, retaining the soils engineer, and developing a schedule for project completion. Simult4neously with the Preliminary Phase, we will commence col-- lection of the field data necessary for plan preparation under II. Design Phase . Generally, this will consist of the locating of centerline stationing at 50' intervals, obtaining cross sec- tion information at each station, and collecting additional topo- graphic information as required to identify the location and extent of existing improvements. Topographic cross section data will be measured utilizing a Leitz Set 3 electronic total station coupled with a Leitz SDR 2 electronic data collector. Field data will be transfered electronically to our computer system, where a Houston Instruments DMP52 Plotter will be utilized to plot field data directly- onto original plan and profile sheets. Centerline stations will be located vertically with an automatic level, tied to local bench marks. Concurrently with the field data collection, a soils investiga- tion will be performed by Pacific Geoscience, Inc. of San Luis Obispo. This will consist of the collection of approximately 10 core samples to determine the adequacy of existing structural sections, and to recommend design structural sections for the im- provement. - 0 1 - - P, 715 24th Street,Suite 0 Paso Robles CA 93446 (805) 239-3127 • P.O. Box 1357 Cambria CA 93428 (805) 927-8651 1J • 0 To finalize this portion of the design phase, a drainage analysis will be performed to identify recommended drainage improvements for this project, and for future offsite drainage structures. Upon completion of the above items, all information will be assembled onto the plan and profile drawings. We will then commence the design of the new centerline, and both right and left top of curbs. Each top of curb profile will be designed to match existing curb profiles and alignments, wherever possible. After the new improvement design layouts are completed, we will prepare a preliminary construction cost estimate. At this point we recommend a comprehensive meeting to evaluate the financing considerations for the project, and to determine an exact scope of work for the contract drawings. Once the final scope of work is determined, we will commence preparation of the final drawings which will consist of the Title Sheet, Plan and Profile Drawings, Cross Sections, and detailed sheets as required. We will then prepare a final opinion of probable construction cost to be used for project estimation purposes. We will also be available for City Council meetings as requested. Included in the Agreement is an allowance for the preparation of special provisions for the project, in the event that specific construction items exist that- are not covered by the usual San Luis Obispo County or State of California Standard Specifica- tions. The Agreement also provides for construction phase services as you 'may desire, including attendance at the preconstruction con- ference, periodic observation of construction to determine sub- stantial compliance with plans and specifications, the prepara- tion of record construction drawings, and construction staking. It is recommended that this scope of service be finalized upon completion of design drawings, when the exact scope of project is known, and the level of construction engineering to be provided by North Coast Engineering is determined. Payment for our services per your request, is on an hourly basis not to exceed the total amount of $21, 780. without written au- thorization from the City. Estimated fee amounts are included for each phase o>f the cont=ract;­for your review. Because the scope of services for the project requires a complete design of all curbs gutters, profiles and drainage facilities for the ultimate improvement, the design fee may -appear somewhat higher than would normally be expected for a projected project budget of $120,000. , as you indicated. An additional factor affecting the design fee, is the necessity to accurately locate the numerous existing public and private improvements within the right of way. This is necessary to preserve the existing curb and gutter im provements, and to provide an accurate representation of the work 2 0 that will be required by the contractor to relocate or to conform with existing private improvements within or adjacent to the right of way. Please feel free to call if there are any questions regarding the agreement or scope of services discussed. Respectfully yours, �St'evenY- ylvester, P.E. Preside SJS/dp 3 n� M MET -i 3 d AG'NDA O DATL /2/R1g� 1rEM # • M E M O R A N D U M TO: City Council December 8, 1986 VIA: Michael Shelton, City Manager , FROM: Henry Engen, Community Development°"Director SUBJECT: Lot Line Adjustment 8-86 LOCATION: 13600 Santa Lucia APPLICANT: Mable Landis-Lindner (Cuesta Engineering) REQUEST: To adjust the property line between three existing lots of record. On November 3rd and November 17th, 1986 , the Planning Commission con- sidered the above-referenced subject, unanimously approving the lot line adjustment request subjbdt to the findings and conditions con- tained in the attached staff report. John Falkenstien, representing the applicant, spoke in support of the request and clarified several concerns expressed by the Commission concerning the location of Chorro Road in relation to the requested lot- line adjustment. HE:ps cc: Mable Landis-Lindner Cuesta Engineering • n ; J City of Atascadero Item: C-1 STAFF REPORT FOR: Planning Commssion Meeting Date: 11/3/86 & 11/17/86 BY: ll,, 1Steven L. DeCamp, Senior Planner File No: LLA 8-86 Project Address: 13600 Santa Lucia SUBJECT: Request to adjust the property line between three existing lots of record. A. LOCATION: 13600 Santa Lucia (Lots 51, 52, ptn. 53, Block 55) B. SITUATION AND FACTS: 1. Request. . . . . . . . . . . . . . . . . . . .=.. .Adjustment to lot lines between three existing lots. 2. Applicant. . . . . . . . . . . . . . . . . . . .Mable Landis-Lindner , 3. Representative. . . . . . . . . . . . . . .Cuesta Engineering 4. Site Area. . . . . . . . . . . . . . . . . . . .9.71 acres 5. Streets. . . .. . . . . . . . . . . . . . . . . .Santa Lucia is a paved, City- maintained street. Chorro is an unimproved "paper" street. 6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RS (Residential Suburban - 2. 5 to 10 acre minimum lot size) 7. Existing Use. . . . . . . . . . . . . . . . . parcel B - developed with a house The other parcels are vacant. 8. Adjacent Zoning.-. . . . .:, . . . . . . .North: RS South RS East: RS West: RS 9. General Plan Designation. . . . .Suburban Single Family 10. Terrain. . . . . . . . . . . . . . . . . . . . . .Flat 11. Environmental Status. . . . . . . . .Categorically Exempt (Class 5) Lot Line Adjustment 8-86 (Landis-Lindner/Cuesta Engineering) C. ANALYSIS: The subject property is located in the RS (Residential Suburban) zone. Minimum lot size in this zone ranges between 2. 5 and 10 acres depending upon the outcome of the various performance stand- ards. For this particular case, the minimum lot size criteria are: Distance from center (16,000-18,.0001 ) .. 0.60 Septic suitability (well-suited) 0. 50 Average slope (0-10%) 0.50 Condition of access (City-accepted) 0 .40 General neighborhood character (3.95 acres) 0.79 Minimum lot size: 2. 79 acres Each of the parcels proposed for this lot line adjustment conforms with the required minimum lot size. The proposed lot line adjust- ment would make the parcels 2.8, 2.8, and 4.1 acres each. Two of the subject parcels are currently vacant. It is staff's determination that adjustment of the property line will provide building sites which will be appropriate for single family devel- opment with on-site waste disposal systems. The proposed map, as prebented and conditioned, complies with City policies and standards. D. RECOMMENDATION - Staff recommends approval of Lot Line Adjustment 8-86 based on the Findings in Exhibit C and the Conditions in Exhibit D. MM:ps ATTACHMENTS: Exhibit A - Location and Zoning Map Exhibit B - Proposed Lot Line Adjustment Map Exhibit C - Findings for Approval Exhibit D -- Conditions of Approval 2 t ti II •�' c 011517 A LocaTtotl aY,� zov,lh5 L.L A 8 - 06 . 0 II � �F9 4 r RO�o RS ° (S�NZ► r \ R04 II 0 1 b I / �i 1; �► 'i 1�. r o o ,,q°,d \ 049 1 Or �• L( H RS Cr 11 1T- 4 -• EXH161T g LLA 8 otic �>o Le xv pq -s,• • s i^e �a _�� ! tt� � -'y'i i �.�'�- A 1,.{i 1, f t + tL•� 1�' . .. .. , 'a� � .`T i-.;""I�.Rssb �� 'r�,f7tCE v s�� �i 1 r ,• + �,,s., ' _ I Tk #i3 tWti ;Y S ¢'•'a- jl .+ i 1 r n i 3T FF 1 , j. , # v .17 ]. tz $� *N1lit - � y 3i XII O N • 0 Lot Line Adjustment 8-86 (Landis-Lindner/Cuesta Engineering) EXHIBIT C - Lot Line Adjustment 8-86 Findings for Approval November 3, 1986 FINDINGS 1. The application as submitted has been determined to be categori- cally exempt from the requirements of the California Environmental Quality Act. 2. The application as submitted conforms with all applicable zoning, General Plan and subdivision regulations of the City of Atascadero 3 Lot Line Adjustment 8-86 (Landis-Lindner/Cuesta Engineering) EXHIBIT D - Lot Line Adjustment 9-86 Conditions of Approval November 3, 1986 CONDITIONS OF APPROVAL: 1. The lot line adjustment as generally shown on the map attachment provided herein shall be submitted in final map format or reflec- ted in a record of survey to be approved by the Community Develop- ment Department prior to recordation by the County Recorder ' s Office. 2. The proposed adjusted lot lines shall be surveyed and monuments set at the new property corners prior to recordation of the final map or record of survey. 3. If a final map is to be recorded, all existing and proposed ease- ments shall be delineated thereon. 4. All reference to road abandonment noted on the preliminary map shall be eliminated and shall not be included on any final map that may be filed. 5. Approval of this lot line adjustment shall expire two years from the date of approval unless a time extension has been granted pur- suant to a written request prior to the expiration date. 4 n� IN 9 rul • P R O C L A M A T I O N SUPPORT OF DRUNK AND DRUGGED DRIVING AWARENESS WEEK DECEMBER 14 - 20, 1986 WHEREAS, 2,700 persons are killed each year in alchol/drug related traffic collisions on California roadways; and WHEREAS, an additional 68,000 persons are injured in collisions involving persons who had been drinking; and WHEREAS, a heightened awareness of the problem would contribute to a change in society's attitude toward the drunk and drugged driver, and encourage efforts to reduce those needless deaths and injuries; and WHEREAS, the holiday season .s a particularly appropriate time to focus attentionwon this critical problem because-of the • increased number of social functions and related travel; and WHEREAS, all members of the City Council fully support efforts to provide for the health and safety of our citizens. THEREFORE BE IT PROCLAIMED that I, Marjorie Mackey, "Mayor of the City of Atascadero, and the City Council proclaim December 14-20 to be Drunk and Drugged Driving Awareness Week. MARJORIE MACKEY Mayor December 12, 1986 x -4 `C AG`NDA :. DWENv/4 % I I EM � • M E M O R A N D U M TO: City Council December 8, 1986 VIA: Michael Shelton, City Manager t"' • FROM: Henry Engen, Community Development `•Director )A& SUBJECT: Zone Change 27-86: 1st Reading of Ordinance No. 141 (1800 E1 Camino Real: Brazzi) BACKGROUND: At their November 24 , 1986 meeting, the City Council considered the above-referenced matter noting the need to change their earlier rec- ommendation from CS (Commercial Service) to CR (Commercial Retail) which provides for General Plan consistency - for the attached Ordinance No. 141. • RECOMMENDATION: Approval of Ordinance No. 141 (1st reading) to reflect a rezoning from RS (Residential Suburban) to CR (Commercial Retail) . HE:ps Enclosure: Draft Ordinance No. 141 ORDINANCE NO. 141 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION MAP NUMBER 4 OF THE OFFICIAL ZONING MAPS OF THE CITY OF ATASCADERO BY REZONING CERTAIN PROPERTY AT 1800 EL CAMINO REAL FROM RS (RESIDENTIAL SUBURBAN) TO CR (COMMERCIAL RETAIL) (ZONE CHANGE 27-86: BRAZZI) WHEREAS, the proposed zoning map amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning reg- ulations; and WHEREAS, the proposed amendment will not have a significant ad- verse impact upon the environment. The Negative Declaration previ- ously prepared for the project is adequate. ' WHEREAS, the Atascadero Planning Commission held a public " hearing on September 15, 1986 and October 6, 1986 . NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning. 2. The proposal is consistent with the General Plan. 3. The proposal will not result in any significant adverse en- vironmental impacts. The Negative Declaration prepared for the project is adequate. Section _ Zoning "Map. Map Number 4 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended to reclassify Lot 3 and 4 of Block 48 from RS (Residential Suburban) to CR (Commercial Retail) . Section 3. Publication. The City Clerk shall cause this ordinance to be 'published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proofing of posting to be entered into the Book of Ordinances of this City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and ef- fect at 12:01 a.m. on the 31st day after its passage. The foregoing ordinance was introduced on and adopted at a regular meeting of the City Council held on AYES: NOES: ABSENT: CITY OF ATASCADERO, CALIFORNIA By: MARJORIE MACKEY, Mayor ATTEST: BOYD C. SHARITZ City Clerk APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager APPROVED AS TO FORM: JEFFREY JOROENSEN, -Citv'Attorney PREPARED BY: HENRY ENG]to, Commur,• t�lopment Director 2 2� �� XVII o\ WIVING A ' ?DA TC, � 2 l Ern . M E M O R A N D U M TO: City Council December 8, 1986 VIA: Michael Shelton, City Manager - FROM: Henry Engen, Community Development"Director , SUBJECT: Request submitted by VandenBerghe Construction to allow the creation of private road names to serve the Bordeaux apart- ment development. BACKGROUND: On November 3, 1986, the Planning Commission conducted a public hear- ing concerning the above-referenced subject, unanimously approving the creation of the new private road names as referenced in the at- tached staff report. There was only brief discussion on the matter with clarification to the name "Bocina" which the English interpretation is "automobile horn" . RECOMMENDATION: Rec.ommend approval of the names "Bocina" , "Rivera" , and "Maduro as the proposed road names to serve the Bordeaux apartment project per the attached Exhibit "A" . HE:ps Enclosure: November 3, 1986 Planning Commission Staff Report R _ City of Atascadero Item: B-2 • STAFF REPORT FOR: Planning Commission Meeting Date: 11/3/86 BY:9,9 Doug Davidson, Assistant Planner Project Address: 11300 VIEJO CAMINO SUBJECT: Request submitted by VandenBerghe Construction to allow the creation of private road names to serve the Bordeaux apartment development. BACKGROUND: At staff' s request, the applicant is proposing to establish road names for the 400 unit Bordeaux apartment project. The project will consist of 48 apartment buildings and laundry rooms, pools, and recreational buildings. These buildings are placed on the 27 acre site with the natural terrain in mind, resulting in a scattered placement of the units. Thus, a numbering system using Viejo Camino, or for that mat- ter , any one street name, wouid create a confusing address system. For this reason, three new road names are proposed in order to make a logical pattern of addresses for residents, visitors, and emergency vehicles. - A public hearing notice was published in the Atascadero News on Fri- days O"btober 24, 1986 and all owners of record property located within 300 feet were notified on that date. PROPOSAL: The three proposed road names and .. their English meanings are as follows: Road Name English Meaning Bocina Horn Rivera Creek Maduro Mature This request follows an examination of a number of alternatives (see Exhibit B) . Staff has reviewed with the Police and Fire Departments the proposed road names. The roads will be privately owned and maintained. n✓ c.. Establishment of private road names for VandenBerghe Project RECOMMENDATION: Staff recommends approval of Bocina, Rivera, and Maduro Lanes as shown on Exhibit B. DD:ps ATTACHMENTS: Exhibit A - Site Plan _ Exhibit B Possible Street -Names q, 2 �7 rC , ~� ` _� ._ate ♦` ^,� �,~ �►! f`lam' J ..�7• •� ® ��� -+ 119111iu 2R`I /r ..law . iy .. n 04 117 WA R3 .. �, , � - it 3►3 is � � � %, ��n�ltll�l�n�11"�11tIg111Q111u • �Q(�C711111Wt1�AlE:C�AlluuuauIAi _ • POSSIBLE NEW STREET NAMES: April Abril Horn Bocina Mineral-zincite Cincita Emerald Esmeralda Token Ficha Bride Novia Stick Pega Stripe Raya Creek Rivera Silk Seda Mature Maduro Bird Paj aro Treasure Tesoro Ground Terrazo Smoke Fumar Hospital Asilo 10/13/86 /ps EXH113IT B LA -NOA MEMO R A N D U M TO: City Council Members November 8, 1986 FROM: Henry Engen Community Development Director. SUBJECT: ORDINANCE 142 - SECOND READING Attached Ordinance 142 was reviewed and approved as a first reading at the November 24, 1986 Council- Meeting. The ordinance is now being presented as the second and final reading. KV; y i ORDINANCE NO. 142 AN ORDINANCE OF THE CITY COUNCIL OF ATAS CADERO CHANGING THE MEETING TIMES FOR THE REGULARLY SCHEDULED MEETINGS OF THE ATASCADERO CITY COUNCIL AND PLANNING COMMISSION WHEREAS, the Atascadero Municipal Code, Section 2-1-. 01 , provides in part that the City Council shall:,hold regular meetings on the second and fourth Monday evening` at 7 :30 p.m. , of each month; and WHEREAS, Section 2-9. 08 of Atascadero Municipal Code provides that the Atascadero Planning Commission shall hold at least one regular meeting each month; and WHEREAS, the Atascadero Planning Commission has held regularly scheduled meetings on the first and third Monday of each month; and WHEREAS , in order to provide consistency in the meeting dates and times so as to avoid conflicts with holiday scheduling, and to allow better participation at regularly scheduled Planning Commission and City Council Meetings by the public; and WHEREAS , to establish meeting dates for the City Council on the second and fourth Tuesday' s- of each month and the Planning Commission on the first aYrd third Tuesday' s of each month would allow City Staff more time to properly prepare for regularly scheduled meetings. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows . Section 1. Section 2-1. 01 , of Chapter 1 of Title 2 of the Atascadero Municipal Code is amended to read as follows : "Section 2-1.01 . MEETINGS . The Council shall hold regular meetings in t e Rotunda Room, fourth floor, Administration Building, 6500 Palma Avenue, Atascadero , every second and fourth Tuesday evening at 7 : 30 p.m. , and on such other days , at such other times , as may be designated in an order for a special meeting. A special meeting may be ordered in accordance with the provisions of' Section 54956 and Section 54956 .5 of the Government Code of the State. When the day for any regular meeting of the Council falls on a legal holiday, the meeting shall not be held on such holiday but shall be held at the same hour on the next succeeding day thereafter which is not a holiday, or at such other time as shall be determined and noticed by the Council. " Section 2. Section 2-9 . 08 of Chapter 9 of Title 2 of the Atascadero Municipal Code is amended to read as follows : "Section 2-9. 08. CHAIRMAN: RULES: RECORDS AND MEETINGS . As of August lst annually, or as soon thereafter as is feasible , Planning Commision shall elect.. a Chairman and a Vice-Chairman from among its Members , shall adopt rules for the transaction of business , shall keep a public record of its resolutions , transactional' findings , and determinations and shall hold regularly scheduled meetings in the Rotunda Room, fourth floor, Administration Building, 6500 Palma Avenue, At°ascadero , every first and third _Tuesday:...evening at 7 : 30 p .m. , and on such other days`, 'at such other times , as may be designated in order for a special meeting. When the day for any regular meeting of the Planning Commission falls on a legal holiday, the meeting shall not be held on such holiday but should be held at the same hour on the next succeeding day thereafter which is not a holiday, or at such other time as shall be determined and noticed by the Planning Commission." Section 3. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. , on March 1 , 1987 . Section 4 . The City Clerk shall cause this Ordinance to be publishe once within fifteen days after its passage in a Newspaper of general circulation, printed, published, and circulated in the City of Atascadero in accordance with Section 36933 of the Government Code; shall certify the adbption and posting of this Ordinance and shall cause this Ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. On motion by Councilmember , and seconded by Coupcilmember , the foregoing Ordinance is hereby adopted in its entirety by the following roll call vote: AYES : NOES : ABSENT: DATE ADOPTED: ATTEST: ,_ _. CITY OF ATASCADERO , CALIFORNIA BY: BOYD C . SHARITZ , City Clerk MARJORIE MACKEY, Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: MICHAEL SHELTON, City Manager JFFFRE_ G. JnRGENSEN .City Attorney i d T: • 11 E M 0 R A N D U M TO: City Council Members December 8, 1986 FROM: Mike Shelton City Manager SUBJECT: COMMITTEE STATUS REPORTS Mayor Mackey, at the November 24, 1986 Council Meeting, requested each Council Member give a status report on committees they served on. The status reports will be verbally presented by each Council Member. MS :kv • MEETING i AG7NDA 10 DATE ZZZL9 1 i EM# M E M O R A N D U M To: City Council Members , From: Mike Shelton, City Manager Date: December 3, 1986 Subject: Library Bids (Resolution 13:3--86)'' RECOMMENDATION Council concur with Alternative number two (2) authorizing ad- ditional City contributions of $25,000 to enable rebidding of Library Project. BACKGROUND On October 27, 1986 , County opened bids for Atascadero Library. Three bids were opened, all significantly over budget. Based on analysis by County General Services Department, the 15% bid spread from low to high bid was a normal spread and represent- ative of actual worth of the building. It is estimated by-County Staff, the building as designed, is worth $800,000. This com- pares to a Construction budget of $625 ,000 . County staff feels there is no hope that rebidding or negotiation with the low bid- der is possible. Accordingly, rejection of all bids will be ,recommended to the Board of Supervisors. As a side note, prior to— requesting bids, in anticipation of bids exceeding budget, four alternative bids reducing options. were required to be bidded by all bidders. The average aggregate reduction of the four options reduced base bids by only $30, 000. ALTERNATIVES In dealing with Bid problems, County Staff has proposed three alternatives. Advantages and disadvantages of each follows: L. Same- as _,alternativ-e 2 Csee alternative #2) but reduce size from - 7;,750 sq. ft. to 7, 350 sq. ft. No additional budget funds required. Reprogramming and redesign required. Advantage: Build library within budget. Disadvantage: Smaller library less functional. Proposed library at 7 ,750 sq. ft. considered minimal for-City of Atascadero' s size and volume of usage. Current program prepared by renown library consultant. County librarian opposes this alternative on basis t hat logic and- strengths of current program would be significantly hindered detract- ing from ability to provide quality library services. Reprogramming in addition to redesign would result in further rebidding delays. /1 t� 2. Change exterior design eliminating columns, special windows, roof overhang. Eliminate "frill nature" conveniences and niceties such as automatic door opener, etc. Change struc- tural framing from steel to wood (less commercial and. more residential quality construction - however , for one story building, wood structurally sound) . Design out, as finan- cially required, electrical . ctfloor outlets impact ing building use flexability. Additional cost requirement of $50, 000. Architectural redesign required. Advantage: Full functional _.. use a$ programmed and designed. No reduction in size necessary. Disadvantage: Additional cost. Based on City/County library sharing formula, City must contribute additional $25, 000 . Less commercial nature building may have greater "life cycle" cost (Life span estimated at 40 years - all maintenance respon- sibility of County) . Reprogramming and bidding time requirement to d elay construction 7 - 8 months.. 3. Same as number 2 except structural framing remains as steel instead of wood. Exterior design may be somewhat different, however, special windows, columns and overhang roof elimi- nated or significantly modified. Additional cost of $.130,000 required. Modified re-design required. Advantage. Same as #2 with. reduced construction time delay from 7 - 8 months to 4 - 5 months. ti -*Disadvantage: Additional cost. Assuming County agreement to contribute 50%, City must pay additional $65, 000. If Friends of Library make off-setting contribution using existing funds in the amount Of $11, 000 City cost reduced to $54, 000. TIMING CONSIDERATION County Staff is of the.. opinion that building on the sight during the rainy season prior ,to. July will result in foundation construe kion-ground water problems. If water must be removed from the - -site to permit construction, additional cost up to $10 ,000 may be incurred. This problem_ is . only a consideration under alternative 3 due to the sh orter archit _ ectural redesign requirement. ARCHITECT REDESIGN _ County engaged architectural firm of Ross, Levin and to de sign a library within budget. Contract provisions specify that if architect fails to design facility within budget, architect must redesign at no additional cost. Only additional cost anticipated in rebidding (outside of possible construciton cost increase) would be additional County Staff cost in adminis- tering rebidding (estimated at $3 ,000) . County Staff does -- not anticipate bidding climate will be any worse second time out. COUNTY STAFF RECOMMENDATION Alternative 2 is recommended by County Staff (Administration, General Services and Librarian) . : -Assuming Council concurrence at your December 8, 1986 , meeting, County Staff will present their recommendations to the Board at the Board's regular meeting of December 16, 1986. FISCAL IMPACT Alternative 2 recommendation will require additional City commit- tment to library in the amount of $25,000. City Council budgeted - $34,000 Council Contingency reserves. To date less than $1,000 has been expended. The crossing guard position will require less than $2,000 expense to the account. Staff recommends Council Contingency Funds be utilized.. Usage of Council Contingency reserves will have no effect on 8s her City Capital projects. file: mlibry2 MS:al RESOLUTION 133-86 A RESOLUTION OF THE CITY OF ATASCADERO APPROPRIATING FUNDING FOR ATASCADERO LIBRARY BE IT RESOLVED, that the Atascadero City- Council appropriate additional funds from the Council Contingency Account in the amount of $25,000 as matching funds for Atascadero Library. On motion by , and seconded by , the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: DATE: ATTEST: CITY OF ATASCADERO BOYD C. SHARITZ MARJORIE R. MACKEY City Clerk Mayor APPROVED AS TO FORM: JEFFREY G. JORGENSEN City Attorney APPROVED AS TO CONTENT: R MICHAEL B. SHELTON City Manager M �T:dti! AG71NDA ,.E, M E M O R A N D U M TO: City Council December 8, 1986 VIA: Michael Shelton, City Manager FROM: Henry Engen, Community Development Director SUBJECT: Request for employee contract: Robert A. Fielding, Chief Building Inspector BACKGROUND: Per our discussion, enclosed is the proposed contract to retain Robert A. Fielding as Chief Building Inspector from December 27, 1986 through June 30, 1987. Mr. Fielding is currently a probationary employee through the end of December. The proposed rate of reimbursement is $20 .50 per hour which reflects a Step "D" classification commencing December 27, 1986. This hourly rate includes the equivalent cost of benefits. RELATED INFORMATION: I will pursue retention of the outside consultant whom we discussed to evaluate the Building Division's structure, job descriptions, and com- pensation levels. RECOMMENDATION• Authorize City Manager to sign attached employment agreement. HE:ps Enclosure: Employment Agreement cc: David Jorgensen � - • EMPLOYMENT AGREEMENT ROBERT A. FIELDING THIS CONTRACT entered into this day of December, 1986 by and between the CITY OF ATASCADERO, __State of California, hereinafter re- ferred to as "City" , and Robert A. Fielding, a full-time, temporary person hereinafter referred to as "Contractor . " WITNESSETH: WHEREAS, the City of Atascadero desires to hire a person to fill the job classification of temporary chief building inspector ; and WHEREAS, Contractor is qualified to perform such services for the City. NOW, THEREFORE, the parties do mutually,_ agree as follows: 1. Employment. City hereby engages Contractor and Contractor hereby agrees to perform for the City services hereinafter set forth for the compensation hereinafter set forth, all pursuant to the terms and conditions herein. 2. Scope of Service. Pursuant to this agreement, Contractor is being retained on an hourly basis to perform the job as generally described by employer of Chief Building Inspector with emphasis on administering the Building Division. He will be expected to perform all duties as described in said employers description and other duties which may reasonably relate thereto. 3. Contractor Status. Contractor understands and agrees that he is not, and will not be, eligible for membership in or any bene- fits from any City group plan for hospital, surgical or medical insur- ance or for paid holidays, vacation, sick leave, or other leave, with or without pay, or any other job benefits accruable to an employee in the service of the City. Contractor understands and agrees that his term of service is gov- erned only by this Agreement, that no right of tenure is created here- by, and he does not hold a position in any- department or office of the City, and that his service to the City under this 'Agreement is gov- erned solely and in all respects by the terms of this Agreement. 4. Warranty of Contractor. Contractor warrants that- he is qualified to provide the services herein agreed to. 0 5. Compensation. City shall pay to Contractor as compensation in full for all services performed by Contractor pursuant to this Agreement, the sum of $20. 50 per hour. Payments by the City shall be made in accordance with established City procedures on a bi-weekly basis to coincide with the City' s normal pay day. 6. Terms of Agreement. This Agreement shall commence on Dec- ember 27, 1986 (which shall be .date _on which-Contractor commences work under this Agreement) , and shall be terminated on June 30, 1987 unless extended by mutual written agreement of the parties. a) All work shall be performed for the Community Development De- partment under the direct supervision of the Community Devel- opment Director. 7. Termination of Agreement for Convenience. The contractor may terminate this Agreement at any time by giving to the City four- teen (14) calendar days' written notice of such termination, specify- ing the effective date of such termination. Termination shall have no effect upon the rights and obligations of the parties arising out of any termination occurring prior to the effective date of such termina- tion. Contractor shall be paid for all work satisfactorily completed prior to the effective date of such -termination. 8. Termination of Contractor for Cause. If Contractor fails to fulfill in a timely and professional manner his obligations under this Agreement, or if Contractor shall violate any of the terms or provisions of this Agreement, City shall have the right to terminate this Agreement effective immediately upon the City' s giving thirty (30) calendar days' written notice thereof to Contractor. Termination sha11 have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination. Contractor shall be paid for all work satisfac- torily completed, as determined by City, prior to the effective date of such termination. 9. Modification. This Agreement constitutes the entire under- standing of the parties hereto and no changes, amendments, or altera- tions shall be effective unless in writing and signed by both parties. 10. Non-Assignment of Agreement. This, Agreement is intended to secure the individual services of the Contractor . Any attempt by Con- tractor to assign, transfer, delegate or sublet this Agreement or any interest therein without the City' s prior written consent shall cause this Agreement to be null and void. 11. Covenant. The validity, enforceability and interpretation of any of the clauses of this Agreement shall be determined and gov- erned by the laws of the State of California. 12. Enforceability. The invalidity and unenforceability of any terms or provisions hereof shall, in no way, effect the validity or enforceability of any other terms or provisions. 2 13. Nondiscrimination. There shall be no discrimination against any person employed pursuant to this Agreement in any manner forbidden by law. 14. Conflicts of Interest. No officer , employee, or agent of the City shall participate in any decision relating to this Agreement which affects his personal interest or the interest of any corpora- tion, partnership, or association in which he is directly or indirec- tly interested, nor shall any such person `"have any interest, direct or indirect, in this Agreement or the provisions thereof. IN WITNESS WHEREOF, City and Contractor have executed this Agree- ment of the day and year first hereinabove set forth. CONTRACTOR: CITY OF ATASCADERO: ROBERT A. FIELDING MICHAEL �SHELTION, City Manager APPROVED AS TO BUDGET AUTHORIZATION: DAVID JORGENSEN, Administrative Services Director PREPARED BY: HENRY ENGEN, Community Development Director 3