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
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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
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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
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•
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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!::�
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A sociate Planner
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REPORT APPROVED BY•. IgA�
LAWRENCE STEVENS
Planning Director
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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
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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.
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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+
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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]
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28. Flzroth
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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.
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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. .
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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.
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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.
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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.
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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. .
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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.
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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.
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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.
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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.
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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.
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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.
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PETITION-
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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.
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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.
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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.
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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.
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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.
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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.
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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
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�'+ 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