Loading...
HomeMy WebLinkAboutAgenda Packet 03/22/1982 AGENDA - ATASCADERO CITY COUNCIL Regular Meeting March 22, 1982 7:30 p.m. Atascadero Administration Building Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR NOTICE` TO THE PUBLIC All matters listed under Item A, Consent Calendar , are considered a 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 dis- cussion is required, that item will be removed from the Consent Calen- dar and will be considered separately. Vote may be by roll call. 1. Minutes of the regular meeting of March 8, 1982 (RECOMMEND APPROVAL) 2. Tentative Parcel Map AT 801210: 1, 2200 San Fernando Road, Allen and Francis Grimes (Donald Messer) to extend the time allowed to complete requirements for an approved tentative map (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDA- TION) 3. Tentative n atv e Parc 4 Miller , Parcel Ma AT 811125:1 57 5 Cascabel lle P , Acedo, Hayfork Land and Cattle Co. (Sylvester) , to allow di- vision of 10 .39 acres into four parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 4. Road Name Change - Via Obra, Thomas E. McNamara, to establish Via Obra Zs a street name for an existing private road behind 8200 El Camino Real (RECOMMEND APPROVAL OF PLANNING COMMIS- SION RECOMMEkDATION) B HEARINGS, APPEARANCES AND REPORTS 1. Request by JohnDalyfor Council to put the Revenue Limita- tion Ordinance on the June 8,'< 1982 ballot 2. Report on petition from 3F Meadow Property Owners requesting City Council help to investigate ' the best method of maintain- ing roads in the future 3. Report on lease or purchase of police vehicles for Fiscal Year 1982/83 4. City Attorney' s Report No. 18 C. UNFINISHED BUSINESS 1. Recommendation regarding Unmet Transportation Needs 2. Set date to interview applicants for Parks and Recreation Advisory Board 3. Ordinance No. 51 amending Section Map 12-P-32 of the Offi- cial Zoning Maps of the City by placing certain property in the RPD-4 Zone first reading D. NEW BUSINESS 1. Consideration of Agreement between the City of Atascadero and Becker & Bell for Negotiations and Consultant Services in Employer-Employee Relations E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Manager 1 MINUTES - ATASCADERO CITY COUNCIL Regular Meeting Murch 8, 1982 7: 30 p.m. j Atascadero Administration Building The meeting was called to order by Mayor Wilkins at 7:30 p.m. with the Pledge of Allegiance. Bob Kanagy of the Berean Baptist Church gave the invocation. ROLL CALL PRESENT: Councilmen Highland, Mackey, Nelson, Stover and Mayor Wilkins ABSENT: None Mayor Wilkins called on the Chumash Council of Camp Fire Girls to present-a proclamation proclaiming the week of March 24 to March 20 as Camp. Fire Birthday Week; however , no one was present from the Camp Fire Girls. PUBLIC COMMENT (1) John Daly requested that the Council place on the agenda the matter of the initiative sponsored by Mr . Daly and certified by the City Clerk as having the required signatures. Mr . Daly wished wished a decision to place the matter on the June 8, ,1982 ballot. (2) Howard Marohn requested that 'a meeting be established with the City Manager , Department Heads and Council candidates to provide a Staff presentation to the candidates and to allow -questions to Staff. He felt that this would make it better for Staff since they would not have as many interruptions duringtheirwork day. (3) Mr. Munson commented on the improvements on Morro Road. A CONSENT CALENDAR 1. Minutes of the regular meeting of February 22, 1952 (RECOM- MEND APPROVAL) 2. Treasurer ' s Report, 2-1-82 to 2-28-82 (RECOMMEND APPROVAL) 3. Acceptance of Tract Map AT 810227:1, 9525 and 9550 El Parque Edward and Judy Young (Poles) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 4. Acceptance of Parcel Map AT 810420:1, Santa Lucia and Cencer- ro Road, Tenneco (Twin Cities Engineering) (RECOMMEND APPROV- AL OF PLANNING COMMISSIONRECOMMENDATION) , MINUTES ATASCADER0ITY COUNCIL MARCH 8, 1 5. Acceptance of Lot Line Adjustment LA 811204:1, 3105 & 3125 San Fernando Road, Elizabeth R. Miller (Stewart) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 6. Acceptance of Parcel Map AT 811028:1, Santa Lucia and Cencex- ro Roads, Tenneco (Twin Cities Engineering) (RECOMMEND AP- PROVAL OF PLANNING COMMISSION RECOMMENDATION) 7. Acceptance of Tract Map AT 810121: 1, 6800 Alcantara Avenue, Gaylen Little (Twin Cities Engineering) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 8. Business License for "Big John Strong Circus to conduct a circus on March 30 , 1982 at the corner of San Anselmo and El Camino Real (RECOMMEND APPROVAL) Mayor Wilkins reviewed, all items on the Consent Calendar . Coun- cilman Mackey asked that item A-8 be withdrawn from the Consent Calen- dar and considered separately. MOTION: Councilman Nelson moved for approval of the Consent Calendar except for item A-8. The motion was seconded by Councilman Stover and unanimously carried by roll call vote. A-8 Business License for "Big John Strong Circus Councilman Mackey stated that she had received two calls regarding the circus expressing concern about the closing time. It was noted that the "Big John Strong Circus" has a good reputation in conducting its business. MOTION: Councilman Highland moved for the approval of item A-8.` The motion was seconded by Councilman Stover and unanimously car- ried. B HEARINGS, APPEARANCES AND REPORTS 1. Public hearing on Final Environmental Impact Report Zone Change 2801107:1, between Highway' 41 and San Marcos Road, Langford and Ibsen Enterprises (Stewart) to rezone property from A-1-BV-5 to A-1-2 1/2 Larry Stevens reviewed the Environmental Impact Report' and the Planning, Commission-' s recommendation to change the zoning from A-1-BV-5 to RPD-4 and adopting the Findings listed in the Staff Re- port Comments were heard from John, Morris, Nancy Fitzpatrick and Howard Marohn. Mr . Morris was concerned since he had recently requested a zone change in the adjacent area which was denied. Mr. Grimes stated that Council` could not reconsider Mr. Morris' rezoning request at this time, he would have to go through Planning Department procedures for consideration ofrezoningof his property. Mrs. Fitzpatrick pointed out the odd shape of the lots, and Mr. Marohn, representing the 3F� 2 MINUTES - ATASCADERO 0 TY COUNCIL MARCH 8, 190 Meadows Homeowners Association, noted that the EIR recommended street • improvements in the 3F Meadows area. Council members discussed this matter. MOTION: Councilman Highland moved that Council certify the EIR as meeting the CEQA requirements. The motion was seconded by Councilman Nelson and unanimously carried. MOTION: Councilman Highland moved that Staff be directed to bring back the ordinance to rezone the property to RPD4. The mo- tion was seconded by Councilman Nelson and unanimously car- ried. 2. Public hearing on General Plan Amendment GP 811019: 2; Morro Road between Highway 101 and Portola; initiated by Planning Commission; to consider text and map amendments within the Morro Road Study Area and adoption of Resolution No. 8-82 approving General Plan Amendment GP 811019: 2 amending the text of the land use element and the land use map within the Morro Road Study area Mr. Stevens reviewed this matter which the Council ;had previously considered and referred back to the Planning Commission for considera- tion of three items. Council had requested that the Planning Commission consider ex- panding the Retail Commercial Designation on the Land Use Map along Morro Road to include Moore's Nursery; Planning Commission agreed with this concept. The Council had requested that they consider expanding the text to better define "light retail Commercial" within the Commer- cial-Professional and land use designation. The Planning Commission maintained its previous recommendation that these specifics are more properly included in the zoning ordinance text Council had requested reconsideration of the "wavy line" concept. The Planning Commission provided additional wording explaining the concept. Mayor Wilkins opened the hearing to the public. Howard Marohn questioned the expansion of the Retail Commercial Designation to in- clude Moore' s Nursery. As there were no other comments, the hearing was closed. MOTION: Councilman Mackey moved that Resolution No. 8-82 be read by title only. The motion was seconded by Councilman Nelson and unanimously carried. Mayor Wilkins read Resolution No. 8-82 by title only. MOTION: Councilman Nelson moved for the adoption of Resolution No. 8-82. The motion was seconded by Council Stover and unani- mously carried. 3 MINUTES - ATASCADER0ITY COUNCIL - MARCH 8, 1� C. UNFINISHED BUSINESS 1.. Consideration of removing Booster 's Club sign in front of Chamber of Commence office Mr . Warden reviewed this matter which had previously been consid- ered by Council. Council had determined that the Chamber and the Booster ' s Club should work out the matter between themselves. The Chamber has indicated that the Boosters and Chamber agreed that the sign could be removed, however , nothing has been done since that time. The Chamber has again requested that the City authorize removal of the sign with the Chamber volunteered to remove it themselves. MOTION: Councilman Nelson moved that the Chamber be allowed to remove the sign. The motion was seconded by Councilman Highland and unanimously carried. 2. Resolution No. 9-82 denying General Plan Amendment GP 811019: 3 concerning minimum lot size criteria in the low density and suburban single family residential land use des- ignations Mr . Warden stated that these General, Plan Amendments had previous- ly been considered by Council and the Resolutions confirm that approv- al. MOTION: Councilman Highland moved that Resolution No. 9-82 be read by title only. The motion was seconded by Councilman Stover and unanimously carried. Mayor Wilkins read Resolution No. 9-82 by title only. MOTION: Councilman Highland moved for the adoption of Resolution No. 9-82. The motion was seconded by Councilman Mackey and unanimously carried. 3. Resolution No. 10-82 approving General Plan Amendment GP 811019: 1 amending the text of the land use e-lement to es- tablish different density standards in high and low density multiple family residential areas MOTION: Councilman Highland moved that Resolution No. 10-82 be read by title only. The motion was seconded by Councilman Nelson and unanimously carried Mayor Wilkins read Resolution No. 10-82 by title only. MOTION: Councilman Stover moved for the adoption of Resolution No. 10-82. The motion was seconded by Councilman Nelson and carried with Councilman Mackey voting no. 4 MINUTES - ATASCADERO ISTY COUNCIL - MARCH 8, 1960 4. Resolution No. 11-82 approving General Plan Amendment GP 810930: 1 amending the text of the land use element and land use map within the North El Camino Real Commercial Study Area MOTION: Councilman Highland moved that Resolution No. 11-82 be read by title only. The motion was seconded by Councilman Stover and unanimously carried. Mayor Wilkins read Resolution No. 11-82 by title only. MOTION: Councilman Nelson moved for the adoption of Resolution No. 11-82. The motion was seconded by Councilman Stover and unanimously carried 5 . Resolution No. 12-82 approving amendments to the `text of the land use and circulation elements and to the land use map within the E1 Camino Real Transitional Study Area, including approval of General Plan Amendments GP 811001:1 (Rauch), GP 810325: 2 (Walley) , and GP 810902:1 (Salmeron) , and denial of General Plan Amendments GP 810930:2 (Lindsey) , GP 810922: 1 (Lalande) , and GP 810928:1 (Hohenstein) MOTION: Councilman Highland moved that Resolution No. 12-82 be read by title only. The motion was seconded by Councilman Nelson and unanimously carried by roll call vote. • Mayor Wilkins read Resolution No. 12-82 by title only. MOTION: Councilman Mackey moved for the adoption of Resolution No. 12-82. The motion was seconded by Councilman Highland and unanimously carried. D. NEW BUSINESS None E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council (a) Councilman Mackey stated that EOC is having Social Ser- vices Month in March. (b) Councilman Stover was concerned about the number of sheep being killed by dogs running at large. Chief Bud McHale stated that he has requested special patrols from the Animal Regulation office. (c) Councilman Highland stated that he has been receiving a number of complaints about motorcycles tearing up areas of Pine Mountain. 5 MINUTES ATASCADER0ITY COUNCIL MARCH 8, 1 2. City Attorney Mr. Grimes had nothing 3. City Manager (a) Mr . Warden brought up the matter of Mr . Daly' s request for agenda time regarding the 'Revenue Limitation Ordin- ance. Mr. Grimes reviewed the progress of this case through the Courts. He stated that he did not see any reason for Council to re- consider the matter unless they have changed their minds. Council felt, however , that Mr . Daly should not be denied agenda time. (b) Mr. Warden addressed Howard Marohn' s request for a joint meeting between department heads and candidates. He has invited each of the candidates, through a_ letter , to come in any time for any information they need. (c) Mr. Warden reviewed recent discussion with regard to the sewer plant. He said that he is more optomistic than he he was two weeks agoabout the City' s ability to continue the FmHA loan and perhaps salvage the bid. There is a Joint Powers Agreement being prepared for Council consideration between, the `City and the County for the County's operation, maintenance and management of the sewer facility,during the construction phase. (d) Mr. Warden stated that the City of Santa Paula is poll- ing the cities in the Channel Counties Division of the League of California Cities to determine if a day other than Friday would be better for the quarterly meetings. Council members felt that Fridays were fine (e) Mr . Warden asked if any of the Council members objected to the _ City of Lompoc joining the JPA to secure excess liability insurance. Council had no objections. (f) Mr . _Warden stated that the City has been discussing with P.G'.&E whether they or the City must pay for replacing replacing the existing street lights in the business district with upgraded steel post units. P.G.&E. has agreed to replace the units on an "as needed" basis; they will not agree to total removal of the old standards and replacement except as might occur because of worn out or damaged standards. The meeting adjourned at 9: 21 p.m. Recorded by: MURRAY L. WARDEN By: Ardith Davis Deputy City Clerk 6 I M E M O R A N D U M : TC: CITY MANAGER/CITY COUNCIL March 16 , 1982 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE PARCEL MAP AT 801210 :1 LOCATION: 2200 San Fernando Road (Lot 24, Block 47) APPLICANT: Allen and Francis Grimes (Donald Messer) REQUEST: To extend the time allowed to complete requirements - for an approved tentative map. On March 15 , 1982 the Planning Commission considered the requested time extensionandgranted a one year time extension per the at- tached Staff Report There was no discussion as the matter was on the Consent Calendar. LAWRENCE STEVENS RUR .Y WARDEN Planning Director Ci y Ma ager /ps • s CITY OF ATASCADERO 1979 9 Planning Department March 15, 1982 STAFF REPORT SUBJECT: Tentative Parcel Map AT801210 :1 LOCATION: 2200 San Fernando Road (Lot 24, Block 47) APPLICANT: Allen & Francis Grimes/Donald Messer (Fargen) REQUEST: To extend the time allowed to complete requirements for an Approved Tentative Map. BACKGROUND 1. Existing Zoning: A-1-B-v-3-D 2. General Plan: Suburban Single-Family Residential - 3. Site Conditions: The site is characterized by extreme variation in site topography. Slopes on the site range from gently sloping (10% and less) to steeply sloping (30a and more) . The property - is traversed by two major drainage ways ; one near San Fernando Road in the easterly portion of the site, and one at the back of the lot, running generally parallel to the westerly_property line. Access to the .site is currently via an unimproved drive from San Fernando Road. At present, a ,well exists near the southerly corner of the property. 4. Project Description: The applicant is proposing to subdivide the subject 11. 1 acres into three parcels of 5. 3 , 2. 8 , and 3.. 0 acres each in an A-1-B-V-3-D zone. Access to the three parcels is pro- posed tobevia a private driveway easement utilizing generally the existing drive. Modifications to the driveway location consist of abandonment of the loop into Parcel B connecting to the existing driveway section serving Parcel C. The width of the proposed private driveway easement is 'unspecified at this point in time. The existing well is proposed to be abandoned. STAFF COMMENTS One of the primary reasons delaying processing of this Tentative Map is that the driveway was graded without permit after the approval was granted. Processing has been delayed pending correction of the ,grading. Plans and a permit application are now being processed. Tentative Parcel Map AT801210 :1 RECOMMENDATION The Planning Department recommends approval of the time extension subject to the conditions set forth at the time the project was originally approved. Approval of this one year time extension shall expire at 5 : 00 p.m. on March 9 , 1983. ACTION Direct Staff by motion as deemed appropriate. REPORT PREPARED BY: E MO ssociate Planner T REPORT APPROVED BY: LAWRENCE STEVENS Planning Director 4 _ .45MeA s pz i 10 �� _ 26 0 15 - 25 .. 14 13 4 . -16 — — A I B 3 D 1523 17 - a 18 °h , _. . ' � - Vit.:,.• 192 0 22 y., r 2.1 19 _21 23 17 Cyt - 18 17 r� \J, 19 16 iT76•!33 15A ' . , 15 '# 27 8 - 15 20 ~ m 26 �. 14 v_ . r 13 9 14 - -- 17 ZONING VICAN ITy 13 j 16 i t�kP r � All 0 b , w �-V r f. 1 r .i. f � � S � _ _ y ya..�wA •.y�ys*a-t`r a�' �...,/9�A ,J' - � OONIVN83-4 NvsYod O c n _ _ SITE (.DGATtDIJ co ,� N � p ATSOt2t0= i Z 1-3 ;Jfi w a _ //� . , 111� 1_�.- � : . / / l• /'� 97 .� � I 1 jam.\� ; r• _ '. i M TA re / \ f M E M O R A N D U M TO: CITY MANAGER/CITY COUNCIL March 16 , 1982 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE PARCEL MAP AT 811125 :1 LOCATION: 5745 Cascabel (Ptn. Lots 17 ,37 ,40 of Block 16) APPLICANT: Miller, Acedo, Hayfork Land and Cattle Co. (Sylvester); REQUEST: To allow division of 10 . 39 acres into four parcels of 2 .58 , 2 .52 , 2.58 and 2 .71 acres On March 15, 1982 the Planning Commission conducted a public hear- ing on the proposed division adopting a' Conditional Negative Declaration and approving the four parcels subject t6 .-Conditions 1-13 as set forth in the attached Staff Report. There was brief discussion among the Commission concerning the lot sizes. Warren Miller, applicant, indicated concurrence with the recommendation. No one else appeared on the matter. LAWRENCE STEVENS MURRAYL. WARDEN Planning Director City Managr /Ps RIP Ir _ n r: CITY OF ATASCADERO Planning- Department March 15, 1982 STAFF REPORT SUBJECT: TENTATIVE PARCEL MAP AT 811125:1 LOCATION: 5745 Cascabel Road (Lots 1.7, 37, 40, Block 16) APPLICANT: Warren and Velmalee Miller, Mary Acedo, Hayfork Land and Cattle Company (Sylvester Engineering) REQUEST: To allow division of approximately 10 .39 acres into four parcels of 2. 58, 2. 52, 2.58, and 2.71 acres. BACKGROUND 1. Existing Zoning: A-1-2 1/2 2. General Plan: Suburban Single Family 3. Environmental Determination: An initial study- environmental de- scription form has been completed for the project. The Planning Director has prepared a Draft Conditional Negative Declaration indicating the project will not have a significant adverse effect upon the environment if certain mitigation measures are incorpora- ted into the project. 4. Site Conditions: The ten acre site is currently developed. Structures consist of a house, a 'shop building, and a pole barn. The property is characterized by moderate to steep slopes up' from the road to the rear of the property. - Vegetation consists of nat- ural grasses and several mature oaks towards the rear of the prop- erty. The site .is located on Cascabel Road near Santa Lucia Road. Surrounding development is generally large lot residential. These is a drainage swale through Parcels A -and D. 5. Project Description: The, applicant is proposing to divide the 10+ acre: site into four parcels; Parcel A to be 2.71 acres (site of pole barn)' , Parcel B, to be 2. 58 acres, Parcel C to be 2. 52 acres (site of >house) and Parcel D to be 2.58 acres. The appli- cants also propose to adjust the existing access road. Tentative Parcel Map* 811125:1 (Miller/Acedo) • STAFF COMMENTS On Thursday, February 11, 1982 the Subdivision Review Board met' with Steve Sylvester , the applicants' representative, and Mr . Miller to discuss the application. Also in attendance at the meeting were: Larry Stevens, Planning Director; Larry McPherson, Public Works Di- rector; Joel Moses, Associate Planner ; Mike Hicks, Fire Chief; Patsy West, Engineering Aide; and Jill Kollmann, Planning Intern. The fol- lowing is a list of concerns discussed at the meeting: 1. Potential drainage problems and the adequacy of the existing cul- vert to carry run-off. 2. Checking on the accuracy of the lot sizes was done by computer. 3. Realignment of the access road will provide better access to Par- cel B. The existing road will be abandoned. 4. Access to Parcel C will be from the new access road. The existing driveway to Parcel C will have to be lengthened to tie into the new access road, 5. The purpose of stakes on Parcel A was for personal reference to help visualize building sites. 6 . Due to the location of the swale on Parcel A, there was concern . that the parcel would be of sufficient size to provide a reason- able building site and meet spetic system design requirements. 7. The location of the septic system and leach field for the exist- ing house is completely contained on Parcel C. 8. Coordinating new fire hydrant with the Atascadero Mutual Water Company' s plans to upgrade the water main along Cascabel Road. 9. Discussion of suitable building sites on Parcels A and B centered around the drainage on Parcel A and the slope of Parcel B. 10. The status of the existing barn will be questionable as there is the possibility that it could be classified as a nonconforming accessory use once it is separated from the existing house. 11. The number of lots proposed (4) may be subject to revision by the Planning Commission. FINDINGS 1. The project as presented will not have a significant adverse effect upon the environment and the, preparation of an Environmen- tal Impact Report is not necessary. • 2 Tentative Parcel MAT 811125: 1 (Miller/Acedo) 2. The application as presented conforms to the applicable zoning regulations , and is consistent with the 1980 Atascadero General Plan. RECOMMENDATION Based upon these findings, the Planning Department recommends as follows: A) Issuance of a Conditional Negative Declaration as follows: 1. Adequate provision be made for drainage and erosion control and protection in conjunction with site development. 2. That grading and tree removal be minimized during all phases of site and -road development. 3. That provision be made for adequate access to each building site including provision for improvements and slope protection. 4. That adequate and sufficient tests be performed on each lot to ensure septic suitability at each building site; and B) Approval of Tentative Parcel Map AT 811125:1 subject to the fol- lowing conditions: 1. Private sewage disposal systems will be an acceptable method of sewage disposal, if reports, tests, and design are accept- able. All tests, reports and designs shall conform to methods and guidelines prescribed by the Manual of Septic Tank Practice and other applicable City ordinances. The fol- lowing shall appear as a Note on the Final Map: "Appropriate soils reports including a percolation test, a test to determine the presence of ground water, and a log of a soil boring to a minimum depth of ten (10) feet shall be submitted to the Atascadero Planning Department prior to the issuance of a building permit on each lot. Where soils re- ports indicate that conventional soil absorption systems are not acceptable, City approval of plans for an alternative private sewage disposal system, designed by a registered civil engineer , shall be required. Depending upon the sys- tem, more restrictive requirements may be imposed. " 2. Water shall be obtained from the Atascadero Mutual Water Com- pany and water operable facilities shall exist at the proper- ty frontage prior to filing of the final map. A letter from the Water Company indicating they are willing and able to serve the property shall be submitted to the Planning Depart- ment prior to recordation of the Final Map. • 3 Tentative Parcel Map* 811125:1 (Miller/Acedo) 3. All other available utilities not already in place shall be extended underground to each parcel frontage at the time of building permit. 4. Plan and profile drawings of proposed driveway (s) shall be submitted for approval by the Public Works and Planning De- partments in order to determine average grade and appropri- ate improvement requirements. If average slope exceeds 12%, paved improvement would be a requirement at the time of ap- plication for building permit. otherwise, an all-weather surface would be required similarly. In the event any portion of the driveway will be shared, improvement of that shared portion shall be a requirement made in conjunction with the first building permit. Notes to these effects shall appear on the Final Map. 5. With regard to improvement standards for the driveway, the following note shall appear on the Final Map: "The private driveway shall be improved to a minimum width of twelve (12) feet with an unobstructed vertical clearance of fourteen (14) feet. " 6. Effort shall be made to minimize grading that would be dis- ruptive to the natural topography and removal of existing, mature trees. The following shall appear as a note on the Final Map: "No trees shall be removed without compliance with applicable City ordinances. No grading shall commence without an appro- priate permit and compliance with applicable City ordinances. 7. All pipeline and other easements of record shall be shown on the Final Map. A letter shall be submitted from each utility company indicating the nature and extent of any building re- strictions. A note so stating such restrictions shall appear on the Final Map. 8. The applicant shall install one fire hydrant generally in a location common to Lots 17 and 37 of Block 16 in Cascabel Road, of a size and type and in a specific location and manner acceptable to the Fire Department. Said fire hydrant shall be installed prior to recordation of the Final Map un- less the applicant enters into an agreement with the Atasca dero Mutual Water Company and provides satisfactory perform- ance guarantees to install said hydrant in conjunction with the proposed water main construction project on Cascabel. 9. Drainage and erosion control plans, prepared by a registered civil engineer , shall be submitted for review and approval by the Planning and Public Works Departments prior to issuance of building permits in conjunction with the installation of private driveways. A note to this effect shall be placed on the Final Map. 4 Tentative Parcel MAT 811125: 1 (Miller/Acedo)* 10. A note shall appear on the Final Map which states: "Any modification of the ground during site development with- 40 in 50 feet of drainage swales or culverts shall be subject to approval by the Planning and Public Works Departments. " 11. Roof materials for all structures shall be Class C rating or better and a Note to that effect shall appear on the Final Map. 12. A Final Parcel Map in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners crea- ted and a registered civil engineer or licensed land surveyor shall submit a letter certifying that the mon- uments have been set prior to recordation. b. A final title policy (CTLA or ATLA) shall be submitted for review in conjunction with the processing of the Final Map. 13. Approval of this Tentative Parcel Map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expira- tion date. ACTION . Direct Staff by motion as deemed appropriate. REPORT PREPARED B41LaLnning KOL NN Intern REPORT APPROVED BY: 46W lkrl,� LAWRENCE STEVENS Planning Intern i WIMM ;R- v Q' fzA r3-o-r D Je-4 A-3-80-P-D A-�-Z y2 fL A f2-A R_ _ R-A � o R-A ,P '9 2 ,p 320-9 ZO N I NCS AT' 8111ZS: 1 �2o-v 6793 CASC�4t3 E t_ RCA r LOT' S 11,3 r 40 BLOCK I(o S 54-ICt-Q3, 13 a-v-s �° � � � b 6 �' • § N Gt (pRS rc1 �=rte' ) '^'Ory ��? ,� \ '���� ., �� •� #(t f '• f ��•, !! mak)� s4-._ S 7P 3� 1 + + PA 41 1 Jje� �ti Gp, l"i+�• � S H 70 �� tt 19 t1; ff 70' r 2 � u, w w � •'_ � :+8, jr., a?�t.J � �� `( /r• 1; r �°��t 1 "�?: �(�I „ �� 6v, 411 0 IA I p— Ih 1 ! Y pl �) tk w a oiw rn S p D� 0rn_ T nnww,: ` r D Pm .S r77E MAP 0 CASCA Z&Z o o �oTS 7 3? 4 0 &yoGtc/6 rnA� � s � N I A f M E M 0 R A N D M TO: CITY MANAGER/CITY COUNCIL March 16 , 1982 FROM: PLANNING DIRECTOR SUBJECT: Road Name Change Via Obra APPLICANT: Thomas E. McNamara REQUEST: To establish Via Obra as" a 'street name for an existing private road behind 8200 E1 Camino Real On March 15, 1982 the Planning Commission considered the road name change and approved the proposed name per the attached Staff Report. There was no discussion as the matter was on the Consent Calendar. ' LAWRENCE STEVENS 4RRAY' L. WARDEN Planning Director ager /PS • "r eIT r r.' 1918 G , 1979 CITYOF ATASCADERO Planning Department STAFF REPORT March 15 , 1982 SUBJECT: Road Name Change - Via Obra Road APPLICANT: Thomas E. McNamara REQUEST: To establish Via Obra Road as a street -for an existing private road behind 8200 El Camino Real BACKGROUND 1. Existing Zoning: M-1-D 2. General Plan: Light Industrial 3. Project Description: . As a condition of approval for Departmental Review R811005 :1 for a commercial building behind 8200 El Camino Realtheapplicant was required to obtain an approved road name fora private loop street fronting the building. The applicant has submitted the name "Via Obra" Via meaning road and Obra meaning to work or construct, in spanish. STAFF ANALYSIS The City of Atascadero has established the following policies re- garding the naming of roads 1. . All road names shall ;be of Spanish origin or shall be the name of non-living persons of historical import. 2. Road names shall not be duplicative of nor similar to other road names within the City of Atascadero or in the nearby unincorporated areas of San Luis Obispo County. 3. The establishment of road name or the changing of an old road name to a new one shall require the approval of the Planning Commission and City Council. 4.- Road name requests shall be initiated by a petition of the majority of property owners along the affected road or by the City of Atascadero. RECOMMENDATION The Planning Department recommends approval of "Via Obre" . Road Name Change - *a Obra Road . page two • ACTION Direct Staff by motion as deemed appropriate. REPORT PREPARED BY: Ij X. L!::� J L A sociate Planner � REPORT APPROVED BY•. IgA� LAWRENCE STEVENS Planning Director • I ly0^L _ 13, 11 10 I o -� 3.0 3A 0. I n ci O { N M 40 42 % .99 nc 'L 104.03 ' -300 135r N57"20'E 103 m. 3► p 9A. ` O q 2.01 A.. m ^ 39 N N 16 Ac.. It 6001 h FR-7 _ 3 3s FR. 36 CD 623 e _ #` P x 'I m 'n ° 8 200 N57020*E l —:� ai 37G7=ot------- I (389 DO . a� 0! .53 A.G Z T u 1 ZNI c,j V �25I G 3201 N2 V u- I 282.40 3B0? p� t i a � I loo � I b 2.00AG. \ z CO o ( o . B4.S5 7 330• O �. 6701 1 ox. 30 _ FR 15 a P ., 0 6 v C5 5.36 n., - q r W S QD 200.88 20J.6$ �STf�RUSlthlEt*�T- 300 Q • 5A j 0L�� ?,(DAD } _170. 24 — i McNAMARA ELECTRIC, INC. • (ELECTRICAL CONTRACTORS) 8130 EL CAMINO REAL ATASCADERO, CALIFORNIA 93422 LICENSED& INSURED PHONE 466-18$2 March 1, 1982 Larry Stephens Planning Director City of Atascadero Dear Mr. Stephens ; After much contemplation and consideration of various alternative potential names for our access road to the rear of our property, I have come up with a spanish name to submit for the commission's consideration. The name is "Via Obra". Via loosely translated as "the way of" , or "road" , and "Obra" meaning "building" (construction) , "work" , "labor" , etc. I wanted a general term that would indicate to a degree the type of businesses in that area. The other thing that you needed was street name signs and we are waiting for approval of a name to do that. If this name does not meet the approval, please have the commission assign a name. My spanish is somewhat limited. This letter is my guarantee that we will get the signs (2) as soon as possible after approval. Sincerely, Thomas E. McNamara TEM/j em IKE vesania vesanico 591 vicealmirantazgo vair(fur);veros mpl(her.)vair vesanico-ca adj insane;mf insane person veces repeatedly, over and over again; tal ti m veronal vesical adj vesical cual vez occasionally; tal vez perhaps; to- .nse or verones-nesa adj&:mf Vero- vesicante adj&m vesicant mar la vez a (coil.) to get ahead of; una ; - Vesicula f (anat., bot., path. & zool.) vesicle; que otra vez once in a while;una vez once ca f (bot.) veronica; (taur.) waiting for vesicula biliar(anat.)gallbladder,vesicula una vez que once;inasmuch as attack with cape extended in both hands - elemental or organica(biol.) cell veza f(bot.)vetch,spring vetch - .mil adj var.of verisimil Vesieulado-daadj vesiculate. vezar§76 va to accustom;yr to become accus- d : vesicular adj vesicular tome ' :o to male hog,boar t ;near vn (toll.) to grunt, to grumble• veSiculoso-sa adj vesiculose vg.abr.of verbigxacia&_ virgen Veso m(zool. polecat to keep on crying hard ) Ves asiano m Vespasian via road, mute, way: (rail) track; rail o Jenne f (toll.) violent crying; (rim.) p f kermess vesperal adj evening;m vesperal(book) hack);gauge(of track);(ariat.)passage,tract; ndez f rut, heat; withered state; tough- Vespero in Vesper (fig.)way;cuaderna via stanza of mester de vespertilio m(zoo].)vespertilio(bat) clerecia (thirteenth and fourteenth centuries) endo -da adj.rutting, in heat: withered; vespertine-na adj vespertine,evening;in eve- consisting of four single-rhymed Alexan ly cooked,tough(said of vegetables) ning sermon;f evening discourse at the uni- drines; estar on viasde+inf to be+ger,to a in var.of verraco - versity;evening sermon be engaged in +ger;por la via de via; por , ga f wart. (bot.)wart:(fig.)defect:(coil.) Vesta f(myth.)Vesta via bucal orally;por via de byway of;via ince,bore vestal adj vestal;f vestal,vestal virgin aerea airway;via aneha,(rail.) broad gauge,• in e, (toll.)miser veste f(poet.)dress,clothing Via Apia Appian Way;via de aqua(naut.) Soso-sa adj warty Vestfalia f Westphalia leak;via de circunvalaci6n(rail.)belt line: do--da adj versed;versado en versed in, vestfaliano-ria adj&mf Westphalian via ejeeutiva(law)seizure,attachment;via `s errant with vestf5lico-ca adj Westphalian estrecha (rail.)•narrow gauge; Via ferrea f 1 adj&f capital(letter) vestibular adj(anat.)vestibular railway;Via rlaminia Flaminian Way;via [ vestibulo m vestibule;(anat.)vestibule(o ear); fluvial waterway; via hAmeda (chem.) wet k Ulla or versalita adj fcm&f small capi- f letter) -. (theat.)lobby,foyer way; Via lactea (astr.) Milky Way via �- Iles(Versailles vestido m, clothing; costume, suit; vestido de muerta (rail.) siding; via normal (rail.) r_ eti ueta evening clothes,evening dress:ves- standard gauge; via tiblica thoroughfare; r vn to turn, to go around: to deal; ver- q P - acerca de or sobre to deal with, to treat tido de ening go n; muter or vestido de vias ni hechoaci6n assault and battery; vias i- r to become versed aoche_evening gown;vestido de serio eve- comunicaci6n communications; vias ttri- p� Al adj versatile {fickle); (bot. & zool.) ning clothes,evening dress;vestido imperio narias lariat.) urinary tract; prep via, e.g., stile Empire gown - e k via New r 7 . tilidad f versatility(fickleness) vestidura f clothing; vestment; vestiduras vii t t a r via i i y; earl i i y f� ar vn(toll. to versify fpl vestments, canonicals viable adj viable; feasible r ria f verse,poems y vestigial adj vestigial vl.ader i f harness shaft(of loom) ' solor adj many-colored,variegated vestigio m m vestige; (biol.)vestige viador (theol.)traveler(to the other world) €- :ula f stand for choir books vestigio to horrible monster viaducto m viaduct k l culario m chanter of versicles;keeper of vestimenta f clothes;vestment viajador-dorm mf traveler r books vestir§94 va to:clothe, to dress; to adorn, to viajante adj traveling; mf traveler; m travel- zulo in (ecel.) versicle; verse(in Bible) bedeck; to cover; to disguise: to wear; to put ing salesman,drummer 1 ` lcaci6n f versification on (clothing); to roughcast; vestir el cargo viajar vn to travel,to journey iCador -dorm adj versifying; mf versi- to look the part;vn to dress;to be dressy(said, viajata f(coil.)journey vador ker e.g.,of a material);vestir de blanco to dress viaje m trip,journey,voyage;way,road;travel in white;vestir de etiqueta to dress in eve- book;load on each trip;water supply (arch.) ficar§86 va&to to versify :1 6n f version;translation; (obstet.)version; ping clothes; vestir de paisano to dress in obliquity; ibuen viaje! bon voyage!; viaje si6n de los Setenta (Bib.) Septuagint civilian clothes-yr to dress,to dress oneself;to de ida y vuelta or viaje redondo round be covered;to be up (froth a,sick bed);vestir- trip ata mf versifier;poetaster k m verse; (print.) verso; verso alejan- se de to be covered with (e.g., grass, leaves, viajero-ra adj traveling;mf traveler; passen- ao Alexandrine- verso blanco blank clouds):to assume(e.g.,importance) ger -.e;verso esdrujulo verse whose last word vestuario mwardrobe,apparel;(mil.)uniform; vial adj (pertaining to a) road, highway; m: t1 ccented on antepenult; verso fibre blank (theat.).dressing room; checkroom,cloakroom avenue(of trees,shrubs,etc.) -.e; verso Llano verse whose last word is vestugo m sprout of an olive tree vialidad f road service, highway service,tom- ' •nted on penult;verso suelto blank verse vesubiano-na adj Vesuvian municationsM1 :a f verst (Russian measure equal to ;300 Vesubio,el Vesuvius viands f viand,food �+ Veta f vein (in the earth; in wood or stone); viandante mf.traveler,itinerant,stroller;tramp fibra f (gnat. & zool.) vertebra stripe;.descubrir la vets de (toll.) to be viaraza f diarrhea E! p vbraci6n f vertebration on to viaticar§86 va (eccl.)to administer the viati- i t• -brado-da adj&m vertebrate vetado-da veined,striped cum to;yr(ecel.)to receive the viaticum 9 abral adj vertebral vetar va to veto vi.atico m viaticum, travel allowance; (ecel.) veteado-da adj veined, m graining viaticum !dera f moldboard(of plow) r :dero to dumping ground,dumping place; vetear va to grain,to stripe vibora f(zool.)viper; (fig.)viper;vibora cor- veterano-na adj&mf veteran nudes (zool.) horned viper; vibora de agues r, spillway veterinario-ria adj veterinary;m veterinary, (zool.) moccasin :dor -dorm adj emptying,p nK, dumping; m veterinarian; veterinary medicine, veteri- viborera f(bot.)viper's bugloss,blueweed Y in; weir, )boat pan (for articles .f shed);(nmol.)boat scoop nary surgery viborezno-ria adj viperous; in young viper alio in(naut.)ball(of parrcl) vetisesgado-da adj diagonal-striped vibraci6n f vibration .r §66 va to pour, to empty; to shed; to vetiver m(bot.)vetiver vibrador m vibrator p; to translate: un to flow; yr tq run, to veto m veto;prohibition vibrante adj vibrant; (phonet.) trilled; (fig.) rip; f great age,antiquity vibrant (e.g., style); f (phonet.) trilled con- oty bilidad fchangeableness vetusto-ta adj very old,ancient sonant(Spanish sound of r) .biadj changeable vez f (pl: veces) time; turn; drove; a la vez vibrar va to vibrate; to brandish; to throw, to .cal adj vertical: in (astr.) vertical circle: at one time, at the same time; a la vez que hurl;to roll(the voiee,-th.e letter r);vn to vibrate mer vertical (astr.) prime vertical; while; al.-una, vez sometimes; a su vez in vibratil adj vibratile tical (list) turn; on his part; a veces at times, some- vibratorio-ria adj vibrative,vibratory h i ce m(math.&anal.)vertex times; Cada vez every time; Cada vez mss Vibrio m(batt.)vibrio ;,c .Cilado-da adj(bot.&zool.)verticillate more and more: Cada vez que every time vibri6n m(batt.)vibrion i kilo in(bot.)verticil,whorl that: deuna vez at one time; de vez en viburno m(bot.)viburnum r cuando once in a while; dos veces mss vicarim f see vicario - roof)Crile adj flowing. roof) to & f slope l i.,of a contine>it or a rf) grande qac twice as large as;on vez de in- viCari.a fvicaraKe,vicarship [a erar vez to wait one's turn;ha- vicarial adj vicarial stead of:es iginoso-sa adj vertiginous,dizzy,Kiddy It ao m vertigo, dizziness fit of insanity ter las veces de to serve as,to take the place vieariato m vicarage,vicarship t.) vertigo,staggers of;las in is veces.in most cases,most of the vicario-ria adj vicarious; (physiolJ.vicarious- 4. .miento to emptyin„ shedding; dumping; time;muchas veces often; otra vez again; mf vicar; vicario general vicar-general; f A ving some other time: pocas veces seldom; rara assistant mother superior nim f insanity vez or raras veces seldom,rarely;repetidas vicealmirantazgo m vice-admiralty j xrx gr r a y obsecuente obsecuente adj obedient,submissive obseder va to obsess obseguiador -dors adj fawning; mf f flatterer obs equiante adj fawning;mf fawner,fl: vn suitor obsequiar va to fawn over, flatter, pay tions to; to present; to give: to court, 0i obsequio m fawning. flattery, obsequio ` gift; attention, courtesy; en obsequic 0,bo f eighteenth letter of the Spanish alpha- obUgarse a+inf to obligate oneself to " honor of uiousness;kindnes to bind oneself to+inf '^t, obsequiosidad f obseq o eonj or;o...o either. ..or obligatorio-ria adj obligatory test' bsequioso-sa adj obsequious;obligin oasis m(PI:-sis)oasis ot ob.abr.of obis o Obliteration f lack of memory;cancellation(at teous i p Postage stamps);(med.)obliteration observable adj observable obcecaei6n f obfuscation obliterar va.to cancel, to obliterate (a go,lag, observaci6n f observation obcecar§86 va to obfuscate,blind stamp);(coed.)to obliterate rvador dors adj observant; mf o obge obduraci6n f obduracy oblongo-ga adj oblong vance deference, t obedecedor -dora adj obeying, obedient; mf ob.0 abr.of Obispo fulness (toward elders or superiors); PO observancta f obser obeyer oboe (mus.)oboe;(mus.)oboist observancia to enforce in a most cc obedecer§34 va& m to obey; obedecer a to 6bolo m mite.(small contribution) tions fashion Yield to, be due to, be in keepingwith, arise Ob O.abr.of obiso ebgervante adj observant from Dora wor • but mg, construction; obediencia f obedience;a la obediencia our work;hearth o blast renatr observar va to observe y ( j furnace);obras(pl tun• obseobservatory obedient servant; der la obediencia a to be struction; repairs, alterations; buena obra obsesi6n si6n f f obsession ssion submissive to - charity, good works; meter en obra or haunting, obediente ad'obedient Po- obsesionaute adj obsessing, 7 ner Por obra to undertake,to set to work ing obencad m obelisk;(print.)dagger obra de a matter of(e.g.,ten minutes);obra obsesionar va to obsess obencadura f(Haut.)shrouds de consults reference work; obra de 1% obsesivo-va adj obsessive obenque m guy;obenques mpl (naut.)shrouds Escorial (colt.) endless undertaking; obra `:.obseso.-sa adi obsessed,possessed obertura f(mus.)overture de manos handwork; obra de romine, obsidiana f(mineral.)obsidian obesidad f obesity herculean task, Trojan task; immense. Lo-;. obsidional adj (pertaining to a)siege; obeso-sa adj obese ing piece of work; obra maestrama t,r. nal (coins; crown) 6bice m hindrance,obstacle piece; obra muerta (naut.) rail, freetw:rn:• obstaculizar§76 va to prevent obispado bishopric upper works; obra pia charity; rehgi„,:, obstaculo m obstacle obispal adj episcopal foundation; (toll.) profit, useful effort; obra „ obstante adj standing in the way; n.. Obispalia f palace of a bishop;bishopric , prima shoemaking; obras de cameo (C,_r tante however, nevertheless,• in spite obispar vn to become a bishop,to be appointed fieldwork; obra segunda shoe repairirur. `- obstante +inf in spite of +ger bishop; to get married (said of a woman); yr obras ptiblieas public works; obra vic•z obstar vn to stand in the way; obst; to be disappointed;(toll.)to die (naut.) quickwork (submerged part of ni:: ;:. para to hinder,check,oppose obispilio m boy bishop(boy dressed as¢bishop); when loaded) <obstetricia f obstetrics rump,croup (of a fowl);large pork sausage ay s o .un n—, - obstetrico -ca adj obstetrical; m.obstf Obispo m bishop; Obispo sufraganeo suffra- ure(varying between 39 and 54 ares) f obstetrics gan bishop; obispo universal Universal obrador -dora adj working; mf worker, obstinaci6n f obstinacy Bishop workman;shop, workshop;f working won,.. 6bito m decease,demise - obradura sr obstinad0-da adj obstinate obituarto m obituary; f charge or pressing of an oli v.,:. Obstinar yr bs in obstinate; r,to Pers rt';(eccl.)obituary mill inf to be obstinate in +ger, to petal objeci6n f objection obraje in manufacture;mill, woolen mill oar objetante adj objecting;mf objector obrajero m foreman,superintendent • obstrueci6n f obstruction Objetar va to object; to raise (difficulties, ob- obrar v¢ to build; to work(e.g., wood), i, r•. obstrueeionismo m obstructionism jections. etc.);to set up,offer, present (an op- work;to act, operate,proceed.,to be; to hav ''obstruccionista.adj&mf obstructioni Posing argument); no tener nada que obje- a movement of the bowels; obraen mi pol, a obstructive-va adj obstructive tar to have no objections to make der I have at hand,I have in my pos a si.� obstructor-tora adi obstructing,obstr objetividad f objectivity obrepci6n f(law) concealment of the truth "':obstruir§41 va to obstruct,to interfere objetivo -va adj objective; (gram.) objective; obrepticio-cia adj obreptitious obtetuperar v¢to obey,yield to In objective(end,aim); (opt.) objective obreria f status of workman;money for chug.-'•. obtenci6n f(act of)obtaining,.obtains. objeto in object;subject matter;(gram.)object; repairs;churchwarden's office or wareh,u•• tention al objeto de with the object of obrerismo m laborism;labor; labor mu�r r,.n' `-obtendr6 1st sg fut ind of obtener oblaci6n f oblation obrerista adj (pertaining to) labor; m}l.,b,•i. obtener§85 va to obtain;to keep,prese oblada f offering of bread on the occasion of a ist, laborite g> obtengo 1st sg pres ind of obtener requiem obrero -ra adj working; (pertaining to) I;ti.r” 4. obtenible adi obtainable oblato -ta adj..& mf (ecel.) oblate; f (ecel.) m workman;.worker; churchwarden..f wov.. oblation ;}; obturaci6n f obturation,stopping,pkr ing woman; (ent.)worker obturador -triz adj stopping, Plug:. obleaobl f wafer; pill, tablet; ester nacho ons obrizo-2a adj pure,refined(gold) stopper; plug; (ant.) choke; (ant.) leera(coli.)to of nothing but skin and bones obscenidad f obscenity .,- (phot.) shutter, obturator; : (au) of obleera f wafer holder or box obsceno-=_adj obscene obturador de guillotina(phot.) dr oblicuangulo-la adj oblique-angled obscuration f darkness, obscurity oblieuar va to cant, to slant; vn to oblique; obscurantismo m obscurantism ter (mil.))to oblique va to obturate, to plug, to r obscurantista adj oter&mf obscurantist (aut.)to throttle oblicuidad f obliquity; oblicuidad de la obscurecer§34 va to darken; to din, �Obtusangulo-la adj obtuse-angled ecliptica (astr.) obliquity of the ecliptic to discredit,to dim;to cloud,confuse; (t i,:•, ,.obtuso-sa adj obtuse:(fig.)obtuse oblicuo-cua adj oblique to shade;vn to grow dark;yr to grow obtnve]sL sg prat ind of obtener Obligaci6n f obligation; bond; obligaciones to cloud over: to become dimmed; (c ,.r obue m vat.of oboe fel family responsibilities; correr obliga- fade away,fade out a obue.m howitzer;shell cion a to be under obligation to fade m darkening, o>ein,i i. i obvenci6n f perquisite; obvenciones obligacionista mf bondholder clouding;fading;(paint.)shading dentals obligado-da adj obliged,grateful;submissive; obscuridad f obscurity;darkness;gloomih• obveneional adi incidental (mus.)obbligato;m city or town contractor or obscuro-ra adj.obscure;dark:gloonn r �— obverse-sa adj obverse supplier; (mus.)obbligato tain, dangerous; (paint.) dark, shade,!. a ;. Obviar va to obviate;vn to stand in th. obligar §59 va to obligate; to oblige; to force; obscures in the dark; (fig.) in the d.,ri.. .� obvio-via adj obvious obligar a+inf to obligate to+inf;to oblige dark; (paint.)dark,shading;hater obscure s to+inf;to force to +inf;obligar a que or to be dark(because of night or cload.*) obyeeto m objection Para que g f; obyurgael6n f objurgation P q +subj to oblige to t in to force to obsecraci6n f obsecration ocaf(orn.)goose;(bot.) oca;royal goose +inf;yr to obligate oneself, to bind oneself; obsecuencia f obedience,submissiveness ocarina f(mus.)ocarina _M_E M O R A _N D U M � TO: City Council { FROM: City Manager SUBJECT: Request of John Daly to place the Revenue Limitation Ordinance on the June 8, 1982 ballot Attached are copies of Council motions pertaining to the re- quest of Mr . John Daly for the .Council to adopt a Revenue Limita- tion Ordinance which he has requested being placed on the ballot in accordance with a petition properly certified and filed with the Clerk of the City. The City Attorney' s opinion as well, as that of Mr. Metzger , Acting City Attorney, at the time, are in- cluded with this information. It should be noted that both attorneys questioned the validi- ty of the proposed ordinance, the Superior; Court has already` ruled that the initiative is not a proper legal initiative mea- sure and that even if the ordinance received a majority vote, it would have no legal effect and would be declared invalid by- a court of competent jurisdiction. Mr. Daly, of course, has appealed that judgment and the ap- peal is still pending. • MIR 7 MLW:ad 3-18-82 aS7en grimes attorney at law 7360 EL CAMINO REAL. SUITE B P. O.BOX 749 ATASC"ADERO'.CALIFORNIA 93422 PHONES (605.) 466.5678 OR 466.1408 0 MEMORANDUM TO: The Honorable Mayor and City Council May 20, 1980 From: Allen Grimes, City Attorney Subject: Petition for Initiative Ordinance I am advised by the City Manager/Clerk that the "Initiative Petition for Voters Fee Approval Ordinance" has been examined and found qualified pursuant to the initiative provisions for cities in the Elections Code, having more than 15 percent of the signatures of the voters. Elections Code Section 4010 gives the Councilthesechoices: 1) Introduce the ordinance; 2) Call a special election at which the proposed ordinance shall be submitted to the voters of the City; 3) Submit the proposed ordinance to a vote of the people' at an advisory election pursuant to Elections Code Section 5353; or 4) Direct the City Clerk to hold the petition until the Appellate. Courthasrendered its opinion on the appeal of the case of City of Atas'cadero v. K. Daly; et al. , now pending. The Superior,Court of this County in a judgmententeredon March 19, 1980,' in the case of City of Atascaderoy. K. Daly, et al. , declared 1) That the initiative ordinance proposed by the Defendants (set forth in different form in both Exhibits A and C'to Plaintiff's complaint) is hereby declared invalid as not constituting a_ proper local initiative measure. 2). That the said ordinance proposed by Defendants' initiative, even if it achieved a majority vote of the electors of the City of Atascadero, would be of no legal effect and would be declared 'invalid by a court of competent jurisdiction. Therefore, I recommend: that the Council take no further action in this matter at this time, but await the decision of the Appellate Court so that, the matter may be handled in an orderly and lawful manner, and avoid the possible illegal waste of public funds that otherwise may ensue at this time. AG:fr 0 ccs City Manager/Clerk MINUTES ATASCADERO CITY COUNCIL Regular Meeting October 22, 1979 Page Five Mr. Grimes explained that the prepesed agreefaents, wiiie*• i eluded an agreement for animal control and health services, were ar 'ved at after negotiations over a period of time between the City anager, City Attorney and County Counsel. Mr. Warden noted that e contracts provide that the County continue with those service provided prior to incorporation for the balance of this fiscal ye r. Animal control and public health. services are essentially self-sustaing and will be provided on terms equal to or better than those o fered to other cities in the County. Mayor Wilkins noted that no expenses were incurred to the City for these services. Council rev' ewed all agreements. Mr. Warden stated that in the animal contro agreement and the health services agreement, a change affecting th terms and renewal of the agreements had been suggested so as to_p vide for renewal after July 1, 1980, on the same terms and conditi ns as prevail for other cities within the County. Mr. Warden noted that he County Counsel' s office had, been very cooperative in working out t is agreement; Mayor Wilkins stated that Supervisor Hans Heilmann had so worked with the City in reaching these agreements. The followin motions were made adopting the separate agreements. • MOTION: Councilman Highland moved that the contract between the City and the County providi g continued County services to the City be approved as p esented and that the Mayor and City Clerk be authorized t sign the agreement. The motion was seconded by Councilm Nelson and unanimously carried. MOTION: Councilman Highland moved that the ntract between the City and the County providing animal ontrol services be approved as amended and that the Mayor nd City Clerk be authorized to sign the agreement. The m tion was seconded by Councilman Nelson and unanimously carr i d by roll call vote. MOTION: Councilman Highland moved that the contract be ween the City and the County providing health services b approved as amended and that the Mayor and City Clerk be a thorized to sign the agreement. The motion was seconded by ouncil man Mackey and unanimously carried by roll call vote D. NEW BuSiNESS 1. Consideration of request by John Daly for adoption of revenue limitation ordinance MINUTES - ATASCADERO CITY COUNCIL Regular Meeting October 22, 19.7 Page Six Mr. Daly reviewed the ordinance and its provisions for Council; he felt that the Council should have no objection to adopting the ordinance since he felt that it reflected the Council's campaign promises. There was discussion of the proposed ordinance with members of the Council expressing concern as to the Council's ability to charge fees commensurate with the cost of services such as fees for new recreation programs, etc. , which could change as costs for materials, supplies, or personnel might be affected by rising costs MOTION: Councilman Highland moved that the ordinance be referred to the City Attorney for study with a report back to the Council as to the ramifications of adopting such an ordinance Mr. Grimes suggested that the matter also be referred to the City Manager for his input: Councilman Highland amended his motion to include referral of the matter to the City Manager. The motion seconded by Councilman Stover and unanimously carried. Attorney . Mr. Grimes stated that the ordinance had been prepared as an urgency me ure, however, since an urgency does not exist, he suggested tha the ordinance be introduced at this meeting, with the second reading t take place at the next meeting. MOTION: Councilman ' hland moved that the ordinance be introduced into the recor The motion was seconded by Councilman Mackey and unanimo ly' carried. 3 . Review of Use Permits fo space in the Administration Building ,and property at A ' cadero Lake Mayor Wilkins explained that the use mits were for the Atascadero Jaycees ' use of a portion of the ba ement in the Adminis- tration Building; the Atascadero Youth Athletics use of the Atascadero Lake Pavilion andStewartScribner' s use of a food oncession stand at Atascadero Lake. Mr. Warden suggested that in the se of the uses requested for space in the Administration Building, condition be adopted which would allow the use permit to be modified a er reasonable notice by the City so that the City could have the o or tunity to realign uses within the building as needed to accommodat Ei t MINUTES - ATASCADERO CITY COUNCIL Regular Meeting November 26 , 1979 • Page Two . (Planning Commission recommends acquisition) . Warden reviewed this item for' Council. The property in question is across the street from the Administration Building on East Mail. The Planning Commission had recommended that the pro- perty be pur ased for City parking. MOTION: Counci an Nelson moved that the City Manager proceed with sec ing appraisals of the property and report back to Cou cil. The motion was seconded by Council- man Mackey. After further discussi on the matter, Council decided that at least two appraisals should- be sought. Councilman Nelson amende his motion to include that two appraisals of the prop ty be secured. The amend ment was accepted by Council n Mackey and the motion was carried unanimously. 3. Consideration of disposition of roa deposit program, e.g. , • Largo and Cayucos Streets Mr. Warden explained the situation to the n p .Cou 1. MOTION: Councilman Highland moved that this matter be ontinued until the next regularly scheduled meeting and i tructed Staff to look into it further. The motion was sec ded by Councilman Mackey and unanimously carried. --.----UNF- 1. Discussion of proposed Revenue Limitation Ordinance - John Daly proposal Mr. Warden reviewed the matter and clarified the City Attorney' s past remarks to the Council concerning the Proposition 13 considera- tion of reasonable fees. He noted the limitations placed on cities as a result of Proposition 13 in requiring a vote for "special taxes" , but still allowing cities to charge fees bearing a reasonable rela- tionship to the cost of services rendered. Proposition 4 places additional burdens on the City because Proposition 4 did not provide for the incorporation date which affects Atascadero. Fred Metzger, Acting City Attorney, reviewed the proposed ordinance and advised that, in his opinion, the ordinance is legally invalid. Mr. Daly spoke in support of his ordinance. �<. \ MINUTES - ATASCADERO CITY COUNCIL Regular Meeting November 26, 1979 Page Three • MOTION:. Councilman Highland moved that the Council not adopt the Daly ordinance. The motion was seconded by Council- man Mackey and unanimously carried by roll call vote. Mrs. Shirley Moore spoke in favor of the Council' s position and Mrs. McNeil spoke in opposition to Council action. 1. Consideration of railroad grade crossing - Ferrocarril Road M Warden noted that a Federal grant might pay for this project and that a was requesting Council approval to further explore the availabili of such a grant. MOTION: Cou ilmann Highland moved that the matter be pursued furth • The motion was seconded by Councilman Mackey and una .imously carried. 2. Jim Rogers resentation for handicapped ramp construction Jim Rogers of Cal ly presented a proposal to install a handi- capped ramp in the Admini ration Building. Students were making • the proposal as part of a s for project. The project is proposed to be completed by March, 198 with funds provided by the County to pay for materials and necessary liability and workers compensation insurance coverages. Bob Snelze of Paso Robles representing Access California spoke in favor of the p posal. MOTION: Councilman Highland moved th t a letter of commendation be forwarded to Jim Rogers' gr up. The motion was seconded by Councilman Mackey a unanimously carried. D. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council (a) Councilman Nelson expressed his feeli that the Council should conclude the Emblem cont st. (b) Councilman Mackey asked that the subject o committees be put on the next agenda. (c) Councilman Highland discussed the safety problem of the cross-walks in front of Atascadero Market and Gayle Sharp Ford. Discussion included installation of flashing 4'. i MINUTES ATASCADERO CITY COUNCIL Regular Meeting December 10, 1979 • Page Eight franchise to Pacific Gas and Electric Company MOTI N: Councilman Highland moved for the adoption of Resolution No. 21-79. The motion was seconded by Councilman Stover and unanimously carried. 4. solution No. 22-79 of intention to grant gas franchise to outhern California Gas Company MOTION Counc man Highland moved for the adoption of Resolution No. 22- 9. The motion was seconded by Councilman Stover an unanimously carried. E. INDIVIDUAL DETE NATION AND/OR ACTION 1. City Council (a) Councilman Ma ey stated that the City of Morro Bay is attempting t change the name of Atascadero State Beach in Morro Bay to Morr Bay State Beach. She said that that property was originally purc se by E. G. Lewis and, because of its historical nature, the name ould remain Atascadero State • Beach. She requested Council authors ation to make a presentattion in opposition to the name change at th hearings on this matter. MOTION Councilman Highland moved that uncilman Mackey be authorized to speak at the hearin in opposition to the name change for Atascadero Stat Beach. The motion was seconded by Councilman Ne on and unani- mously carried. (b) Councilman Nelson stated that he had eceived ques- tions from merchants about securing bus ' ess licenses. Mr. Warden said that people need to get thea licenses from the County; the present ordinance is regulatory r her than revenue generating. The County supposedly receives only w at it costs to process the license. The City will take over admin `stering the business license tax ordinance in July, 1980. (c) Councilman Stover reported that during a Council of Governments meeting a ride-sahring program had (d) Mayor Wilkins stated that he felt the City should take definite action against the revenue limitation initiative which is being circulated in Atascadero. Fred Metzger, Acting City Attorney, was of the opinion that the ordinance is MINUTES - ATASCADERO CITY COUNCIL Regular Meeting December 10, 1979 Page Nine illegal and suggested that the City seek declaratory relief action from the courts to enjoin circulation of the petition. There was considerable discussion as to the merits of having the courts determine the validity of the ordinance at this time or after the issue has been presented on the ballot and voted for. MOTION: Councilman Stover moved that Council take action to determine the validity of the ordinance at this time. The motion was seconded by Councilman Highland and carried with Councilmen Mackey and Nelson voting no. Mr. Metzger had nothing to report 3. City nager (a) Mr. War advised that the City Offices were relocating i he Administration Building to Rooms 201-203. (b) Mr. Warden requested an e utive session to dis- cuss personnel matters and st d that there would be no announcements at the conclusion of the mee The meeting adjourned to executive session at 10:45 and it was noted that the next regular meeting of the Council wou be on Wednesday, Deeember 26, 19:79 Recorded by: MURRAY L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk MINUTES - ATASCADERO CITY COUNCIL Regular Meeting May 27-, 1980 Page Two Eng' is fees are estimated to be $42 ,000 and the telephone system to $35,500. Based on preliminary construction drawings , the renovation -estimate is $362 ,500 which includes plumbing, heating, restrooms , trical and structural work for the basement, first and second floors. McPherson reviewed the time-table for completion of the final dra s and bids. It was noted that the major costs were for bringing the ilding into conformance with safety and building use standards. There were objections from Charlotte Bryne and Do Porter with regard to relocating the Children' s Library. They fe t 2. City Clerk' s certification of sufficiency for "Voters ' Fee Approval Ordinance" petition and City Attorney' s report concerning same Mr. Warden and Mr. Grimes reviewed their respective memos regarding this matter. MOTION: Councilman Highland moved that Council direct the City Clerk to file the Petition and that the Council take no • action to call an election at this time pending the de- cision on the appeal in the case of the City of Atascadero vs. Daly for the reasons set forth in the City Attorney' s` report to the Council of May 20 , 1980; and also that the reports of the City Clerk and City Attorney each be approved and attached to the minutes of this meeting as a part of the official record. The motion was seconded by Councilman Stover and unanimously carried by roll call vote. 3. City Atterney' s rev- e;"x ef sign&41eant pending Feder-a! and State court actions Mr. Grimes reviewed his Report and recommended the City partici- pate in an icus brief in the case of City of Barstow, et al. , v. Superior Court. This case involved a decision which asserted that awarding of a cont ct constitutes a legislative act, and, hence, is subject to the ref re m process. MOTION: Councilman Highlan oved that the City participate as recommended by the Cit ttorney. The motion was seconded by Councilman Stover and u imously carried. C. UNFINISHEDBUSINESS 1. Ordinance No. 22 amending the Zoning Map placing certain properties in the C-2-D zone - first reading It was noted that this matter had been considered at thest Council meeting and Staff had been directed to prepare the implem nt ng MEMORANDUM TO: City Council FROM: City Manager SUBJECT: Petition from 3F Meadows Property Owner Attached is a petition signed by 44 property owners out of a. total of 69 who are located as indicated in the attached letter from Mr. John White. Please note that the letter is requesting the City to help investigate the best methods of .maintaining roads in that area. Withoutextensive research at this time as to the actual' steps required to form an assessment or maintenance district, it appears that either may be feasible depending upon the objectives to be met and depending upon the legal processes involved. If reconstruction or new construction is desired, then an assessment district might be more appropriate, but which- may involve a rather extensive process with some associated:over-head costs. If, on the other hand, maintenance is the objective, then a main- tenance district can be formed in which the property owners would share the annual maintenance costs. At the present time, however , the issue before the Council is a request that the City explore various options which may be ap- propriate. Accordingly, I recommend that you refer the matter to Staff. We will meet with Mr. White and -try -to come back with a series of options and alternatives for you to consider . M RAYX. WARDEN MLW:ad 3-18-82 • MAR 101982 March 911982 Mr. Murray Warden City Manager City of Atascadero Dear Mr.Warden: Enclosed is a petition signed by 44 property owners out of 69 properties located along Andritat Casanova, Carmeltal Barranco Barranco Heights and Lucinda Lanes in the 3f Meadow area. The purpose of the attachdd petition is basically request the City Coundi.l help us investigate the best method of maintaining the stated roads in the future. Please contact me then a date may be set for the City Council to take a look at this petition. Sincerely n i John C. White i' .RoadCommittee Chai rmant 3f Meadow Property Owners 10/400 San Marcos Rd. Atascaderol: Ca. 93422 Ph. 1466 9391+ v w <--U1L- G1 Ib i ti� \�` ♦ tel. � b i. b i yRd 7 b p\ o'o V� 1-4 y� ou ti b 41 O dQi �$ 16 ro 14 o ar v \a 'fit ti 40 col ti / Orr o, Petition Signatures 1. Ml cMillan 29. old Wilson house 2. Keil 30. IFoye 3. Huebner 31. Buhl 4. Hinson house 32. Zuelner 5• Hinson lot 33. old Iiuebaen house 34. Collins 6. Monmonier 35. Collins (Harris) 7. Burns 36. Rohde 8. Yard 37. Brom. 9. Marhhn 3". Hooper (old Paddock house) 10. Coriaty 39. Bove 11. Fitzgerald 40. Mathews 12. I4aren 41. Battles 13. Bristow 42, Hoffman S 43• Little 14. Stevenson 44. Castro 15. J. Wallace 16. Hein 12/1/81 1+4 signatures out of 69 seperate 17 Aeino ( 21ots) parcels equals 64%. 18. Williams 19. Jackson 20. Ren&nger 21 Poland 22. Hughes 23. JLL1 24. Knuckles 25. spanish house 26. Avina 27 Romera] s 28. Flzroth •- MAA W - -- .- -�QMEou�NFRS -r PETITION We, the undersigned, do hereby request that the Atascadero City Council cormience procedures for setting up a Road Improvement District within the area shown on the attached "Exhibit A", for the purpose of upgrading the roads to the condition where they would be accepted into the Atascadero city street system. , We understand that certain engineering studies will be made, if approved by the City Council, to identify costs involved andsubsequentpublic hearings will be held to protest or approve. /�Mv � ✓ C7 �/jl V 4�GI � 66—LlQSJ R. t 61 73Y 7Y .trC _(Ii.�+!1" �/i �\_ /' ('.ti .'i / '�.�a f✓� F'j � 'fs � �.�, � 1. 4 - l '�/ "� `- Ef% ?s�' . 13 1`t , �ASSoC104 TIC� PE 11 TI ON We, the undersigned, do hereby rec +nest that the Atascadero City Council corunence procedures for setting up a Road ImprovEment District within the area shown on the attached "Exhibit A", for the purpose of upgrading the roads to the condition where they would be accepted into the Atascadero city street system. We understand that certain engineering studies will be made, if approved by the City COIIncil, to identify costs involved and subsequent public hearings will be held to protest or approve. . CA Z 0 C AO v U 1 0 :l� M$A Do W�A�+CRE S_ RSSOCIArlaN PETITION We, the undersigned, do hereby request that the Atascadero City Council commence procedures for setting up a Road Improvement District within the area shown on the attached "Exhibit A", for the purpose of upgrading the roads to the condition where they would be accepted into the Atascadero city street system. We understand that certain engineering studies will be made, if approved by the City Council, to identify costs involved and subsequent public hearings will be held to protest or approve. MIS LL40SL4� ST Qi��SeL)Q� _ 2 3 7 !D 1 3 r� _3• ! ' MISA ae_W _ • '-� �}SSaC(ATIo�► MM PETITION We, the undersigned, do hereby request that the Atascadero City Council commence procedures for setting up a Road Improvement District within the area shown on the attached "Exhibit A for the purpose of upgrading the roads to the condition where they would be accepted into the Atascadero city street system. We understand that certain engineering studies will be made, if approved by the City Council, to identify costs involved and subsequent public hearings will be held to protest or approve. v r L w4 44 o tc �l �2 l� M6Rr3oCS PETITION We, the undersigned, do hereby request that the Atascadero City Council commence procedures for setting up a Road Improvement District within the area shown on the attached "Exhibit A fo.. the purptse of upgrading the roads to the condition where they would be accepted into the Atascadero city street system. We understand that certain engineering studies will be made, if approved by the City Council, to identify costs involved and subsequent public hearings will be held to protest or approve. 670 C S/4 Ajo\/A k o`. r j 3- M�A ao u E ,4+JCFtf S _ }�aMa�NFRS SS aetaTPoN PETITION We, the undersigned, do hereby request that the Atascadero City Council commence procedures for setting up a Road Improvement District within the area shown on the attached "Exhibit A", for the purpose of upgrading the roads to the condition where they would be accepted into the Atascadero city street system. We understand that certain engineering studies will be made, if approved by the City Council, to identify costs involved and subsequent public hearings will be held to protest or approve. . 7Z CZ F 1 i cl 7 1 ® 1 � 13 `t -- LS ---_ AS-s PETITION We, the undersigned, do hereby request that the Atascadero City Council commence procedures for setting up a Road Improvement District within the area shown on the attached "Exhibit A", for the purpose of upgrading the roads to the condition where they would be accepted into the Atascadero city street system. We understand that certain engineering studies will be made, if approved by the City Council, to identify costs involved and subsequent public hearings will be held to protest or approve. 7 ' \ f _ 03 7 / / ;n (7/1/ n t7 VT q rJ_?A�iC a}E S_— -_ - r145S ociATto+u PETITION we, the undersigned, do hereby request that the Atascadero City Council co=rence procedures for setting up a Road Improvement District within the area shown on the attached "Exhibit A", for the purpose of upgrading the roads to the condition where they would be accepted into the Atascadero city street system. We understand that certain engineering studies will be made, if approved by the City Council, to identify costs involved and subsequent public hearings will be held to protest or approve. 3 S 7 l0 1l 1� Y 3• MaADbKJ ---':� ASs6C1AT/oN PE TI TI CN We, the undersigned, do hereby request that the Atascadero City Council commence procedures for setting up a Road Improvement District within the area shown on the attached "Exhibit A", for the purpose of upgrading the roads to the condition where they would be accepted into the Atascadero city street system. We understand that certain engineering studies will be made, if approved by the City Council, to identify costs involved and subsequent public hearings will be held to protest or approve. AOL 3 Ir S 7 9 /o !3 �"'I f A Da w [per s_ �—�— �QSS QC/ATIoN PETITION We, the undersigned, do hereby request that the Atascadero City Council commence procedures for setting up a Road Improvement District within the area shown on the attached "Exhibit A", for the purpose of upgrading the roads to the condition where they would be accepted into the Atascadero city street system. We understand that certain engineering studies will be made, if approved by the City Council, to identify costs involved and subsequent public hearings will be held to protest or approve. J V13 A/ .S 7 /o 1� 3'YM)SA uJ __"� ASS aC(ATloa PETITION We, the undersigned, do hereby request that the Atascadero City Council comrience procedures for setting up a Road Improvement District within the area shown on the attached "Exhibit A", for the purpose of upgrading the roads to the condition where they would be accepted into the Atascadero city street system. We understand that certain engineering studies will be made, if approved by the City Council, to identify costs involved and subsequent public hearings will be held to protest or approve. f 3 .S 7 l3 SA Do Wj7�o Cwf S=— PETITION We, the undersigned, do hereby request that the Atascadero City Council commence procedures for setting up a Road Improvement District within the area shown on the attached "Exhibit A", for the purpose of upgrading the roads to the condition where they would be accepted into the Atascadero city street system. We understand that certain engineering studies will be made, if approved by the City Council, to identify costs involved and subsequent public hearings will be held to protest or approve. L66-21 Z 3 ..S 7 13 M ISA Do PETITION- We, ETITION-We, the undersigned, do hereby request that the Atascadero City Council commence procedures for setting up a Road Improvement District within the area shown on the attached "Exhibit A", for the purpose of upgrading the roads to the condition where they would be accepted into the Atascadero city street system. We understand that certain engineering studies will be made, if approved by the City Council, to identify costs involved and subsequent public hearings will be held to protest or approve. 47 61191 Cw -5-0 4 e tPr fpi O 6% 7 ll 13 MOA .T--� ASS ac�ATlo�s �J PETITION We, the undersigned, do hereby request that the Atascadero City Council commence procedures for setting up a Road Improvement District within" the area shown on the attached "Exhibit A", for the purpose of upgrading the roads to the condition where they would be accepted into the Atascadero city street system. We understand that certain engineering studies will be made, if approved by the _ City Council, to identify costs involved and subsequent public hearings will be held to protest or approve. ._� � �� �vlz.�., !�2�✓;�Yr X72 � �,� /x1 , ���� rS'-�� � - G 3 `o 1� 13 A DO w CRE$_— HcHEOWPJERS 1953 actArtopi PETITION We, the undersigned, do hereby request that the Atascadero City Council continence procedures for setting up a Road Improvement District within the area shown on the attached "Exhibit A for the purpose of upgrading the roads to the condition where they would be accepted into the Atascadero city street system. We understand that certain engineering studies will be made, if approved by the City Council, to identify costs involved and subsequent public hearings will be held to protest or approve. 3 S 7 13 /`f --�'-- ASs aClAT/opJ PETITION We, the undersigned, do hereby request that the Atascadero City Council commence procedures for setting up a Road Improvement District within the area shown on the attached "Exhibit A", for the purpose of upgrading the roads to the condition where they would be accepted into the Atascadero city street system. We understand that certain engineering studies will be made, if approved by the City Council, to identify costs involved and subsequent public hearings will be held to protest or approve. Al- Pox e?/-// 3 V T- CA q6;-26 S - 7 /o l3 —3 M AA 0�0 oed� f"¢s_ - 14oNEOWPVERS �9ss acIAr'toPu PETITION We, the undersigned, do hereby request that the Atascadero City Council commence procedures for setting up a Road Improvement District within the area shown on the attached "Exhibit A", for the purpose of upgrading the roads to the condition where they would be accepted into the Atascadero city street system. We understand that certain engineering studies will be made, if approved by the City Council, to identify costs involved and subsequent public hearings will be held to protest or approve. 3 S 7 13 - L ASsociATtoN PETITION We, the undersigned, do hereby request that the Atascadero City Council commence procedures for setting up a .Road Improvement District within the area shown on the attached "Exhibit A", for the purpose of upgrading the roads to the condition where they would be accepted into the Atascadero city street system. We understand that certain engineering studies will be made, if approved by the City Council, to identify costs involved and subsequent public hearings will be held to protest or approve. 3 7 !p !3 KA#4cHf S- PETITION We, the undersigned, do hereby request that the Atascadero City Council corunence procedures for setting Lip a Road Improvement District within the area shown on the attached "Exhibit A", for the purpose of upgrading the roads to the condition where they would be accepted into the Atascadero city street system. We understand that certain engineering studies will be made, if approved by the City Council, to identify costs involved and subsequent public hearings will be held to protest or approve. �- 996 yL -e19�d 3 7 PET.T 101 we, the undersigned, do hereby request that the Atascadero City Council commence procedures for setting up a Road Improvement District within the area shown on the attached "Exhibit A", for the purpose of upgrading the roads to the condition where they would be accepted into the Atascadero city street system. we understand that certain engineering studies will be made, if approved by the City Council, to identify costs involved and subsequent public hearings will be held to protest or approve. I 3 S 7 /o i ROBERT J.W ILKIN3,JR. MAYOR - WILLIAM H.STOVER MAYOR PRO-TEMPOREsaei 1 'GEORGE P. HIGHLAND � MARJORIE B. MACKEY INCORPORATED JUL 1979 ROLFE.NELSON Atwlwmm MURRAY L.WARDEN ADMINISTRATION BUILDING CITY MANAGER/CLERK POST OFFICE BOX 747 - ATASCADERO,CALIFORNIA 93422. ..FIRE DEPARTMENT PHONE (805) 466-8000 6005 LEWIS AVENUE ATASCADERO,CA 93422 (805) 466.2141 REPORT FROM THE CITY ATTORNEY For the Council Meeting of March 22, 1982 No. 18 1. REPORT OF THE LEAGUE OF CALIFORNIA CITIES LEGAL ADVOCACY COMMITTEE The report of the League Legal Advocacy Committee of February 16, 1982 revealed that the Committee reviewed some 45 cases of significance to cities now pending in the state and federal courts. The Committee recom- mended amicus appearance by consenting cities in the following case: a. City of Los Angeles v. Los Angeles This case is now pending on ,appeal by the County. The judgment of the Superior Court determined that the County's practice of "providing only certain services and benefits on a uniform county-wide basis, while providing other municipal-type services only on a nonuniform basis to unincorporated areas without charge, and financing both types of services by the use; of property tax revenues, contravened the con- stitutional equal protection clause." The County was enjoined from financing such nonuniform services as sheriff's patrol, county engineer, parks and recreation, regional planning, animal control, and forester and-fire warden structural fire protection to the unincorporated areas through the use of property tax revenues. Other cases of interest called to our attention by ,the Committee include: b. Westminster Mobilehome Park Owners Association v. City of Westminster The owners sought a preliminary injunction, which the court denied, and from that opinion an appeal has been filed. The ordinance involved provides for mobilehome "mutual fair rental accord," a collective bar • gaining approach for settling mobilehome disputes. It ,calls for a REPORT FROM THE CITY ATTORNEY No. 18 - Page 2 five-member committee in each mobilehome park to, consider proposed rent increases rejected by the mobilehome park tenants, and if the committee's decision is not accepted, the matter is referred to an arbiter. c. Yost v. Thomas This case involves the validity of a City of Santa Barbara general plan amendment, a zoning ordinance amendment, and a specific plan. The trial court held they are not subject to referendum. The matter is on appeal. d. International Association of Firefighters v. City .of Mountain view In this action, the Superior Court ordered the City to pay back a 100 wage increase in accordance with a resolution which had been declared void by a prior court ruling. The prior ruling was based on a deter- mination that the City's unilateral action in adopting a wage increase resolution was violative of the "meet and confer" requirements of the MMB. An appeal is anticipated. e. Talarides v. County of Alameda, et al. This is an action pending in the Superior Court seeking a refund of property taxes and a declaration that the rollback provisions of Prop- osition 13 (Art. XIII.A.2.a) are unconstitutional. f. Goldstein, et al. v. Finigan, et al. This is an action challenging by writ of .mandate the ordinances of Garden Grove, Pacifica, San Bruno,. and South San Francisco challenging councilmanic election dates pursuant to SB 230, Government Code section 36503.5. The Supreme Court denied the hearing and denied the petition without opinion. A petition for rehearing has been filed. g. Alameda City Firefighters Assn. v. City of Alameda This case contended that standards for promotion within the fire ser- vice were within the requirements of meet and confer under the MMB. The court held that the MMB meet and confer requirements do not apply to the establishment of new standards for promotion within the service. h. County of Contra Costa, et al. v. State of California This is a class action pending in Sacramento County Superior Court by which 38 named counties, etc. seek a declaration of the facial uncon- stitutionality of 20 statutes enacted in 1980-81 and others, because of the legislature's failure to fund the costs involved in complying with these laws. i. Community Communications Co. , Inc. v. City of Boulder, Colorado A recent U.S. Supreme Court decision held that the City could be sub- ject to antitrust liability for its enactment of a moratorium on the expansion of cable television service. The court also said that cities have no sovereignty. REPORT FROM THE CITY ATTORNEY No. 18 - Page 3 j. City of Pittsburg v. Viacom International, et al. This is an action for injunctive and declaratory relief and damages pending in the Superior Court by which the City seeks to have AB 699 (Government Code section 53066.1) declared unconstitutional for the reason that, among other reasons, it impairs a contract as applied to the cable franchise contract granted to defendant's predecessor in 1969. Central to the dispute are the provisions of the franchise agreement requiring prior approval of the City of rate. increases and defendant's action in instigating a rate increase without obtaining such approval. Defendant claims that its unilateral rate increase is authorized by the "deregulation" provisions of Government Code section 53066.1, contending that the latter preempts the City's power to regulate and the franchise contract provisions. k. National Independent Business Alliance, et al. v. City of Beverly Hills In this case, the Court of Appeal held that the City's increase of business license taxes was valid, as it became effective prior to the effective date of Proposition 13 relating to special taxes. 1. Carmen v. Alford The Supreme Court has granted a hearing after the adverse ruling of the Appellate Court on the issue of a city's right to impose an over- ride tax for prior voter-approved pension obligations as an "indebted- ness" under the exception of the 1% Proposition 13 property tax limi- tation. M. Sussli v. City of San Mateo The Appellate opinion in this case, 120 C.A.3d 1, is now final, as the U.S. Supreme Court has denied certiorari. The Appellate Court's decision validated the City's ordinance banning the posting of politi- cal signs on public property. 2. RECENT DECISIONS OF INTEREST a. Rent Control Board Must Approve Condo Conversions The C.A.2d has held that a city can require condominium developers to obtain permits from a newly-created rent control board which has a purpose of retaining rental units. The developer had obtained a tentative tract map approval from the city subject to certain condi- tions before the city electorate adopted a rent control charter amend- ment. The court held that the amendment applied to the building per- mits that were required because the permits had not been issued as yet, citing U.B.C. section 303(a) . (Hazon-Iny Development, Inc. v. City of Santa Monica, C.A.2d, January 19, 1982) b. Sign is a Nuisance The C.A.lst has ordered a farmer to remove part of a sign on his property on the ground that it constituted a public nuisance. A sign REPORT FROM THE CITY ATTORNEY No. 18 - Page 4 reading "Harris Ranch 7 miles" was painted on a water tank on property owned by the company. The restaurant was 7 miles from the sign. The D.O.T. charged that the sign violated the California Outdoor Advertising Act, which prohibits billboards within 660 feet of the right-of-way of a federal aid primary highway. The trial court ruled that the sign violated the Act and ordered the company to remove the mentioned "7 miles". The Appellate Court upheld the decision of the trial court that the sign "is meant to and does alert the motorist that the Harris Ranch maintains a facility catering to the public which will be reached in 7 miles." The words "Harris Ranch" alone would have fallen within the exception under the Act for "the name commonly used by the owner and occupant of the premises" to identify it. The additional informa- tion, however, informed the motorist that "some business is conducted or some service is rendered 7 miles southerly off the highway." (People v. Harris, C.A.1st, January 28, 1982) c. Bookstore Licensing The C.A.4th has directed a county board of supervisors to issue a per- mit allowing a bookstore to operate as long as no more than half its stock consists of "adult" material. (Kuhns v. Board of Supervisors, C.A.4th, February 1, 1982) d. Firing Employee for Political Activities The C.A.2d has held that a county civil servant wasproperlydismissed S from his employment for running as a candidate in a primary election. In this case, the U.S. Hatch Act was applicable regulating political activities of employees in federal-funded matters. (Lee v. Los Angeles County Civil Service Commission, C.A.2d, February 23, 1982) e. Licensing of Coin-Operated Video Games The U.S. Supreme Court has remanded a Court of Appeals decision that overturned a Mesquite, Texas ordinance restricting the play of coin- operated video games by children The court held that the ordinance was not unconstitutionally vague. (City of Mesquite v. Aladdin's Castle, Inc. , U.S.Sup.Ct. , February 23, 1982) 3. PENDING LITIGATION a. City of Atascadero v. Daly, et al. No change. b. Snow, Atascadero Firefighters Association v. City of Atascadero, et al. Attorneys for plaintiffs have not yet executed and returned the request for abandonment of the appeal and dismissal of the case. Respectfully submitted, aL�4t� ALLEN GRIMES City Attorney AG:fr MEMORANDUM TO: City Council FROM: City Manager SUBJECT: Unmet Transportation Needs Attached is a letter addressed to Mayor Wilkins from the Staff of the Council of Governments requesting comments on four items to come before the Area Council. The test of unmet trans- portation needs is provided in sub-paragraphs a-f. With regard to Item 1 of Attachment A, it should be noted that the commuter service between Atascadero and San Luis Obispo is presently a demonstration project to determine if the service is needed. Since the results of that test are not in and will not be for some months, it is premature, in our judgment, to make a determination as suggested by paragraph 1. Accordingly, it it our recommendation that this item should not be considered as having met the unmet needs test at this time; that this should be addressed upon the completion of the demonstration phase. As to Item 2, the recommendations have already been adopted by the Area Council of Governments to improve transfers between and operation of transit systems. Since this is a statement con- cerning quality of service and efforts to improve that quality, an endorsement of it would seem appropriate. As to Item _3 concerning the Atascadero Dial-A-Ride system, we are already at maximum capacity of the system; a condition which will not change until the additional two buses are available. At that time, if it appears that service capacity has not been reached, then a marketing program should be considered. Right now, however, such an effort would be counter-productive. As to the applicability to systems in the rest of the County, if in fact there is room to enhance the service levels, then a market- ing program would appear justified. Item 4 deals with providing acceptable handicapped transit service in all systems. Please note that the new vehicles for the Atascadero Dial-A-Ride will be equipped to handle handicapped needs. Since the link between Atascadero and San Luis Obispo is presently in its demonstration phase, handicapped facilities were not provided. But, if the project proves needed and feasible, then the new equipment will be fitted to serve handicapped needs. As a general policy matter , provision of acceptable service for the handicapped is one which the law requires when transpor- tation funds are used. The question as to the acceptable degree of level of service is one ,which must be judged on a' case, by case basis. Memorandum - Unm* Transportation Needs If the Council agrees with these comments, then we will pre- pare a report to go to the Area Council of Governments Staff for their consideration. RRAY WARDEN MLW:AD 3-18-82 2 LUIS OBISPO COUNTY AREJID Arroyo Grande - Atascadero Grover City COUNCIL OF Morro Bay • Paso Robles Pismo Beach GOVERNMENTS San Luis Obispo ® San Luis Obispo County March 11, 1982 Robert Wilkins, Mayor City of Atascadero P. 0. Box 747 Atascadero, California 93422 Dear Mayor Wilkins: SUBJECT: UNMET TRANSPORTATION NEEDS On February 4, 1982 and March 4, 1982, the San Luis Obispo County Area Council of Governments held their annual public hearings on Unmet Transportation Needs as required by the Transportation Development Act (TDA) . After allocating TDA Funds (from gasoline sales tax) to meet identified unmet transportation needs, the remaining funds (also known as SB 325 Funds) may be expended by local jurisdictions for street and load purposes. On February 4, 1982, the San Luis Obispo County Area Council of Governments adopted the following definition: "Unmet transit needs that are reasonable to meet" shall be those existing transit services which continue to satisfy this definition, and those unmet transit needs which: a. Shall provide the minimum acceptable fare box return; b. Shall be feasible to fund within the limits of transit funds available to the Area Council of Governments; C. Shall be feasible to draw sufficient ridership to fill identified system deficiencies that are essential for mobility and will provide an economy of scale, dependable service, and enhance overall system cost effectiveness, both short and long term; d. The proposed service shall have significant support from the community and from elected officials of the jurisdictions(s) to be served; e. Shall be feasible to perform with dependable transit equipment presently available in the market place; and 2156 SIERRA WAY SAN LUIS OBISPO, CA 93408 805/549-5710 f. Shall be equitable in terms of timing and fairness in light of all other 'unmet transit needs. "' In order to prepare a staff report for the Area Council of Governments, we need your input on those items listed on the Attachment A. Because of the regulations governing the analysis, these items should be evaluated in terms of the above criteria (Items A-F) . Your analysis should be returned to us no later than March 22, 1982. This will allow us one week to prepare the staff report, including your input, mail the staff report to TTAC and CTAC two weeks before the committee meeting, and allow the three weeks between the TTAC meeting and the May 6, 1982 Area Council of Governments -meeting. We must receive this information on schedule to ensure that Transportation Development Act (SB 325) funds can be apportioned by the end of the fiscal year. We will be preparing an analysis of each action found to be an unmet need. Our analysis will be entirely based on the definition of "reasonable to meet" as adopted by the Area Council on February 4, 1982. If you have any questions or problems, please don't hesitate to call me at 549-5710. Sincerely, VICTOR KAMHI Transportation Planner cc: Manager/Administrator Planning Director Public Works Director/Engineer VK/MC/ms1 • CITY OF ATASCADERO Provide daily commuter service from Paso Robles to the City of San Luis Obispo. This could be done by connecting PATTSY with the Atascadero to San Luis bus service. Improve transfers between systems and improve coordination between systems. Improve transit marketing. Provide accessible transit service on all transit systems. • t( • ORDINANCE NO. 51 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING SECTION MAP 12-P-32 OF THE OFFICIAL ZONING MAPS OF THE CITY OF ATASCADERO BY PLACING CERTAIN PROPERTY IN THE RPD-4 ZONE THE CITY COUNCIL OF THE CITY OF ATASCADERO ORDAINS as follows:- Section 1. Council Findings After conducting a public hearing, the City Council finds and determines that: 1. Slope and other characteristics of the site make it desirable to allow some flexibility of lot sizes within the development provided that an overall density consistent with the General Plan is maintained. 2. Evaluation of the information contained in the Final Environ- mental Impact Report indicates that the 125 acre site can . reasonably accommodate an average density of one dwelling unit for each four acres provided that the subdivision de- sign incorporates measures to reduce identified impacts to an acceptable level. 3. The recommended change in zoning is consistent with the 1980 Atascadero General Plan and with minimum lot size criteria contained therein. Based upon these findings, a 'change of zone from A-1-BV-5 to RPD-4 is warranted. Section 2. Zoning Change Map 12-P-32 of the Official Zoning Maps of the City of Atascadero on file in the City Planning Department is hereby amended to reclassi- fy the following described prperty from A-1-BV-5 to RPD-4: Parcel 2 of Parcel Map CO 76-509 also known as- a portion of Lot 46 of Block, 40 of the Atascadero Colony, as shown on attached Exhibit A. ORDINANCE NO. 51 s Section 3. Zoning Map Map 12-P-32 of the Official Zoning Maps of the City of Atascadero on file in the City Planning "Department is hereby amendedas shown on attached Exhibit "All which is hereby made a part of this ordinance by reference. Section 4. 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 proof of posting to be entered into theBookof Ordinances of this City. Section 5. 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 ROBERT J. WILKINS, Mayor ATTEST: MURRAY L. WARDEN, City Clerk APPROVED AS TO FORM: ALLEN GRIMES , City Attorney a 2 w# PTN. 39 ZS. w-r LcrT y q5A y2 t�U T 40 � 7�5.ZZ 40 y �O BIC cr WT q � PTN. �& v r u v R P,D— PT N 9S G V f r aJc /0 Siz e cid O 7 'T 4 G^ 5 LOr 4(o } X07 J Q EXPI SI T A �'+ 1 ORD/NA//cE AVO. S/ i Z 80/I0V 1 ME M *_RA 'N V UM ! TO: City Council FROM: City Manager SUBJECT:. Negotiations assistance I have asked the firm of Becker & Bell, Inc. to provide _a proposal for assistance to the City Manager in conducting salary negotiations and labor relations administration. If you will recall, this matter has been raised in past discussions. At this time, however , due to the increased time demands of the negotia- tion process as well as potentials for adversary feelings arising from the negotiation process, I feel that contracting with a firm such as Becker & Bell will materially assist in the conduct of our labor relations responsibilities. This firm has operated in the County serving Paso Robles, Morro Bay and the County of San Luis Obispo in addition to many other governmental clients throughout the State. They enjoy a good reputation. I know of their activities and reputation over the last ten years and feel that they can offer a professional service to the City. • There are two suggested arrangements for paying for their services. One is based upon a flat hourly amount at the rate of .� $45-90 per hour plus travel time at the rate of $50.00 per hour for a maximum of two hours per trip. The other is a flat fee of $10,800 payable over twelve monthly installments at $900.00 per month. Services would include unlimited telephone consultation, advice on any matters involving employee relations, policies, personnel rules, classifications, handling contract administra- tion as well as preparation of the MOU and participating in the meet and confer process. Based upon past experience, the flat rate appears most advantageous to the City, at least for the first contract year , since a great deal of time must be spent by the firm in becoming acquainted with City procedures and person- nel rules and regulations. The hiring of this firm would not change the Council' s in- volvment in and direction of the negotiation process. It is rec- ommended, therefore, that the Council approve the City entering into a contract with Becker & Bell as approved by the City Attor- ney and City Manager on a fixed fee basis in the amount of $10 ,800 with reimbursement of actual travel expenses including lodging, meals and transportation in a form acceptable to the City. • AMXRRA71L. WARDEN MLW:ad 3-18-82 1 AGREEMENT BETWEEN THE CITY OF ATASCADERO AND BECKER & BELL, INC. FOR NEGOTIATIONS AND 2 CONSULTANT SERVICES IN EMPLOYER-EMPLOYEE RELATIONS 3 4 THIS AGREEMENT, entered into this day of 5 1982 , by and between the CITY OF ATASCADERO, a municipal cor 6 poration of the State of California (herein called "City") , and 7 BECKER & BELL, a California Corporation, P. 0. Box 2160, 8 Placerville, California 95667 (herein called "Consultant") 9 W I T E" S S T H: 10 WHEREAS, City is obligated pursuant to state law and city 11 policy to meet and confer with recognized employee organizations 12 representing its employees in their employment relations with 13 the City; and 14 WHEREAS, the City Council desires to engage professional 15 assistance for the City' s Employee Relations Officer in matters 16 of labor relations representation and negotiations and in 17 accomplishing the process ,of said meeting and conferring in 18 relation thereto; and 19 WHEREAS, Consultant is a professional labor relations con- 20 sultant and representative, who: is well qualified by: education 21 and experience to provide such services; and 22 WHEREAS, City, under authority of .the Government Code 23 proposes to engage Consultant in accordance with the terms and 24 conditions set forth herein to render such services. 25 NOW, THEREFORE, the parties do mutually agree as follows: 26 1. Employment of Consultant. City hereby agrees to engage 27 Consultant, and Consultant hereby agrees to provide th 28 services hereinafter set forth involving labor relatio Page 1 of 6 • 1 eg negotiations and the instruction and training of manage- 2 g _ g . 2 ment personnel in the implementation of labor relations 3 agreements. 4 2 . Contacts for Responsibility. The City Manager shall 5 represent the City for the purpose of administering 6 this agreement. The President of Becker &Bell, Inca 7 shall be Consultant's designated representative for the 8 purpose of administering this contract. The individual, 9 within Consultant' s firm who will provide services to 10 City as set forth in Section 3 will be decided by 11 mutual agreement of the parties. Consultant shall not 12 delegate or assign his responsibilities under this 13 contract without the prior expressed approval of City 14 having first been obtained. • 15 3. Scope of Service. Consultant shall provide his special 16 knowledge, services and skills as follows: 17 a. Consultant shall act as City' s chief negotiator at 18 all meet and confer sessions held with three (3) 19 units as designated by the City. If units are 20 combined into one "t�„for purposes of negotia- 21 tion, then such table shall be considered one (1) 22 unit. All such representations and negotiations 23 shall abide by the guidelines established by the 24 City, and Consultant shall meet and confer as often 25 as is reasonably necessary until agreement with 26 such bargaining unit (s) is reached in conformance 27 with such guidelines, or until the City • 28 has determined, after consultation with Consultant, Page 2 of 6 1 that agreement is not reasonably possible with such 2 bargaining unit (s) . Consultant shall also act as 3 City' s representative at any and all impasse pro - 4 ceedings which may be conducted, such as mediation 5 or factfinding. Consultant shall meet with the 6 City Manager and the City Council as often as is 7 reasonably necessary during each meet and confer 8 process to review City' s position and obtain further 9 instructions. 10 b. When agreement is reached with an employee bargain- 11 ing unit, a Memorandum of Understanding will be 12 prepared by Consultant and submitted through the 13 City Manager to the City Council for approval . When 14 so approved and upon request, Consultant shall meet 15 with City' s management team to explain the provisio 16 of any approved memorandum of understanding developed 17 pursuant to this agreement and to explain any changes 18 in wages, hours and working conditions instituted by 19 the City following the meet and confer process. 20 C. Upon mutual consent of the parties, Consultant shall 21 act as City' s chief negotiator for units in addi- 22 tion to those listed in 3 (a) above. Such additional 23 services shall be rendered at an annual retainer 24 rate or at a fee mutually acceptable to the parties. 25 4 . City Assistance. City shall assist Consultant by pro- 26 viding information, personnel, space and facilities 27 as follows: 28 Page 3 of 6 1 a. All information reasonably within City control or 2 accessible to City and which may be helpful to 3 Consultant in the performance of his services as 4 provided herein; and. 5 b. A management team composed of members of the 6 affected departments and, at least, one member 7 of the City Manager' s Office to assist Consultant during the meet and confer sessions; and 9 C. Supplemental clerical and stenographic assistance 10 as Consultant may reasonably require for the per 11 formance of his services as provided herein; and 12 d. A suitable location where meet and confer sessions 13 may be conducted. 14 5. Term. The respective duties and obligations of the • 15 parties hereto shall commence on April 1, 1982 , and 16 continue for twelve months and from month-to-month 17 thereafter unless after the initial 12-month period 18 either party gives thirty (30) days prior written 19 notification to the other to modify or terminate this 20 agreement in its entirety. 21 6 . Fee Arrangement. The City shall designate one of the 22 two fee arrangements below by. striking out the option 23 not chosen: 24 a. For the services described above the City agrees 25 to pay for the Consultant the sum of Seventy-Five 26 Dollars ($75 . 00) per hour while actually engaged 27 in services for the City. • 28 Page 4 of 6 1 b. For the services described above, plus l) unlimited 2 telephone consultation, and 2) advice on other 3 matters including employer-employee relations 4 policies, personnel rules, management compensation 5 plans, grievance handling, and contract administra 6 tion, the fee shall be Ten Thousand Eight Hundred 7 Dollars ($10,800 .00) for a 12-month period, payable 8 in_monthly installments of $900 .00 -upon receipt of 9 invoice by Becker & sell, Inc . 10 7 . Travel and Lodging. Consultant shall submit an invoice 11 for travel expenses including lodging, meals and trans- 12 portation on a form acceptable to City. City shall pay 13 within thirty (30) days of receipt of billing, all rea- 14 sonable expenses incurred for transportation, lodging 15 and meals. Travel time will be charged at the rate of 16 Fifty Dollars ($50 .00) per hour with a maximum charge 17 of two (2) hours per trip if Alternate 6 .a. is chosen. 18 8 . Independent Contractor. It is expressly understood and 19 agreed to by both parties that Consultant, while engaged 20 in carrying out and complying with any of the terms and 21 conditions of this Agreement, is an independent con- 22 tractor and is not an employee of the City. 23 24 25 26 27 28 /// • Page 5 of 6 1 IN WITNESS WHEREOF, the parties have caused this Agreement • 2 to be executed on the day and year first above written. 3 CITY OF ATASCADERO 4 5 Mayor 6 7 ATTEST: CITY CLERK 8 9 10 11 APPROVED AS TO FORM AND BECKER & BELL, INC. LEGAL EFFECT: 12 13 14 City Attorney President 15 16 17 18 19 20 21 - 22 23 24 25 26 27 • 28 Page 6 of 6