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HomeMy WebLinkAboutAgenda Packet 05/09/1983 AGENDA - ATASCADERO CITY COUNCIL Regular Meeting May 9 , 1983 7:30 p.m. Atascadero Administration Building Call to Order Pledge of Allegiance Invocation Roll Call Public Comment City Council Comments A. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Item A, Consent Calendar, are considered to be routine and will be enacted by one motion in the form listed_ below. There will be no separate discussion of these items. If 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 adjourned regular meeting of April 21, 1983 (RECOMMEND APPROVAL) 2. Minutes of the regular meeting of April 25 , 1983 (RECOMMEND APPROVAL) 3. Treasurer ' s Report, 4-1-83 to 4-30-83 (RECOMMEND APPROVAL) 4. Finance Director' s Report, 4-1-83 to 4-30-83 (RECOMMEND AP- PROVAL) 5. Recognition of Clerical Unit (RECOMMEND ACCEPTANCE OF PETI- TION AND BYLAWS) 6. Resolution No. 21-83 approving a cooperative process for de- termining project priorities for Federal Aid Urban funding (RECOMMEND ADOPTION) 7. Resolution No. 22-83 authorizing filing of a claim for State Transit Assistance Funds in compliance with the Transporta- tion Development Act (RECOMMEND ADOPTION) 8. Annual ratification of San Luis Obispo County and Cities Area Planning Coordinating Council Joint Powers Agreement (RECOM- MEND APPROVAL) 9. Tentative Tract Map AT 830307 :1, 7350 E1 Camino Real, Wallace E. Dunn (Associated Professions) to create ,an eight unit air- space commercial condominium (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) AGENDA - ATASCADERO`CITY COUNCIL - MAY 9, 1983 0 10. Tentative Tract Map AT 810806:1, 7320 Sombrilla and 7313 Santa Ysabel, Steven Garman (Gaylen Little) to extend for one • year the time allowed to complete requirements for an ap- proved tentative tract map (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 11. Tentative Parcel Map AT 810205 :1, 9755 Atascadero Road, Ray Dodd (Daniel J. Stewart) to extend for one year the time al- lowed to complete requirements for an approved tentative tract map (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOM- MENDATION) 12. Acceptance of Lot Line Adjustment LA 821122:1; 9505, 9545, 9575 Laurel Road; Jim Rockstad (Twin Cities Engineering) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 13. Acceptance of Parcel Map AT 820629 :1, 8535 Santa Rosa Road, Charles Carnes (Twin Cities Engineering) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) B. HEARINGS, APPEARANCES AND REPORTS 1. Public hearing on appeal on issuance of business license, 6105 El Camino Real; Star Station 101 (Bob Lawrence) appli- cant; Jim Cook et al, appellant 2. Public hearing on Title 9 (Zoning Regulations) and City-wide Rezoning Program 3. Update on the tenant/mobile home park owner negotiations; consideration of moratorium on raising rents in mobile home parks C. UNFINISHED BUSINESS 1. olice Location Committee Report/Capital Improvement Plan/ 441;r Administration Building Renovation City-wide road maintenance district 3. Ordinance No. 64 entitled Discharge of Firearms and Dangerous Weapons - second reading 4. Request by Action For Animal Rights for additional funding D. NEW BUSINESS ,) 1. Consideration of Ordinance No. 66 amending Falcon Cable TV franchise by extending area of service zone - first reading Y2. Ordinance No. 67 relatingto claims against the City first (�� reading 3. General Plan Amendments - Cycle 2/1983 2 AGENDA - ATASCADERO IPITY COUNCIL - MAY 9, 1983 E. ATASCADERO COUNTY SANITATION DISTRICT Nothing F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager NOTE: There will be a closed session for personnel matters. 3 MINUTES - ATASCADERO CITY COUNCIL/PLANNING C014MISSION • Adjourned Regular Meeting April 21, 1983 7 :30 p.m. Atascadero Administration Building The meeting was called to order at 7 :30 p.m. by Mayor Nelson for the purpose of having a joint study session on various items of concern. Council and Commission agreed to adjourn the meeting at 10 :00 p.m. PRESENT: Councilmen Mackey, Stover, Wilkins and Mayor Nelson; Commissioners Carroll, LaPrade, Moore, Sherer, Summers, Wentzel and Chairman Lilley ABSENT: Councilman Molina 1. Industrial and Economic Development Larry Stevens discussed the possibility of an economic survey and what it would entail. Mr. Warden stated that an estimate for the cost of preparing an economic survey could be $15, 000. The Council decided to look at the feasibility of preparing an economic survey and the Commission will attempt to identify • land suitable for industrial uses and zoning. Public comments were heard from Gary Larson, Marilyn Stein, George Highland, Herb LaPrade, and Bob Lawrence. 2 . Improvement of the Downtown Area Council and Commission discussed the need for landscaping, painting, and placing street numbers on buildings. Council will look into the concept of planting trees along the streets in the downtown area. Public comments were heard from George Highland, Gary Larson, and Herb LaPrade. 3. Sign Regulations (Including Review of Chamber Sign Survey) Council and Commission discussed the subject of sign regulations. They were satisfied with the proposed sign ordinance. Public comments were heard from Marilyn Stein, Herb LaPrade, and Gary Larson, stating that the sign ordinance is too restrictive. • MINUTES - ATASCADERO CITY COUNCIL/PLANNING COMMISSION - APRIL 21, 1983 • 4 . Regulations Governing Farm Animals Commission did not agree with establishing fees for raising or keeping animals. Council accepted the Commission' s proposed regulations for farm animals in residential areas. 5 . Annexation Policies Larry Stevens stated that at the present time the city cannot annex any property. He stated that he has talked with LAFCO about completing the necessary sphere of influence study. Public comments were heard from Herb LaPrade, George Highland, and Mike Yeomans. 6 . Potential Effects of New Sewer Plant on General Plan Densities The Commission felt that there should be a policy statement from the Council so that the Council and Commission can be consistent and be more constructive. Mr. Warden stated that the city has a General Plan through whiclo the Council operates, which is a policy statement. Mayor Nelson requested that the Council and Commission meet again in two months. The meeting adjourned at 10:00 p.m. Recorded by: BARBARA NORRIS, City Clerk By: PATSY A. HESTER Deputy City Clerk -2- MINUTES - ATASCADERO CITY COUNCIL • Regular Meeting April 25, 1983 7 : 30 p.m. Atascadero Administration Building - --The meeting was called to order at 7 : 30 p.m. with the Pledge of Allegiance. Mr. Jon Hamman of the Foursquare Church gave the invocation. ROLL CALL Present: Councilmen Mackey, Stover, Wilkins and Mayor Nelson Absent: Councilman Molina STAFF Present: Murray Warden, City Manager; Ralph Dowell, Finance Director; Allen Grimes, City Attorney; Patsy Hester, Deputy City Clerk; Bud McHale, Police Chief; Larry McPherson, Public Works Director; and Larry Stevens, Planning Director. PUBLIC C014MENTS 1. A mobilehome tenant inquired about the current status of the • mobilehome rent agreements. Mr. Warden stated that he recently received letters from both sides addressing whether they should consider the recently concluded San Luis Obispo contract between tenants and owners as a model for our consideration. 2. Gordon Hilchui, representing a resident living on Sombrilla Street, stated that there has been a septic problem in the area for about a year and has requested the city to help solve the problem. Mr. Warden stated that the source of the problem has not been located. Dan Ebersole, area resident, commented that his neighbor is responsible for the problem. Mr. Warden suggested that complainants meet with him the next day. 3. Doris Muller was concerned with the El Bordo Mobilehome Park rent which is to be raised soon. Council discussed imple- menting a moratorium. They requested that the issue be on the next agenda. COUNCIL COMMENTS 1. Councilman Wilkins announced that the Kiawanas Club and VFW Auxiliary will be installing curb cuts for the handicapped at the sunken gardens. 2. Mayor Nelson announced that the first week in May will be Elk' s National Youth Week. • MINUTES - ATASCADERO CITY COUNCIL - APRIL 25, 1983 CONSENT CALENDAR 1. Minutes of the regular meeting of March 28 , 1983 (RECOMMEND APPROVAL) 2. Minutes of the regular meeting of April 11, 1983 (RECOMMEND APPROVAL) 3. Audit Agreement for Fiscal Year ending June 30, 1983 (RECOMMEND APPROVAL OF AGREEMENT WITH ROBERT M. MOSS ACCOUNTING CORP. ) 4 . Transfer of $900 from Contingency Reserve to Fire Department Account for vehicle damage repair (RECOMMEND APPROVAL) 5. Transfer of $4, 000 from Contingency Reserve to Building Main- tenance Account for emergency repair of Fire Station roof (RECOMMEND APPROVAL) 6. Resolution No. 19-83 accepting Llano, Puerta and Lomitas Roads (RECOMMEND ADOPTION) 7. Acceptance of Lot Line Adjustment LA 821228 :1, 9301, 9311 Musselman and 10245 E1 Camino Real, Merele Wahlenmaier, Carl Stewart, Ben Hoff (Hilliard) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 8. Road Exception EX821124:1, 6625 Santa Cruz Road, Elwood Garlick (Daniel J. Stewart) to allow waiver or modification of conditions on Tentative Parcel Map AT 820318 :1 (Garlick/Stewart) relating to construction of road improvements along the property frontage and back to the nearest improved section of Santa Cruz Road (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) Mayor Nelson reviewed all items on the Consent Calendar. Concern- ing Item A-8, Councilman Mackey stated that she has looked at this property and felt a road should not be built and that there should be another solution. Mr. Warden stated that an easement already exists and that a road relocation would require renegotiations of all exist- ing easements. He asked if this was a role the Council wanted the city to play. MOTION: Councilman Wilkins moved to approve Items A-1 through A-8 of the Consent Calendar. The motion was seconded by Councilman Mackey and carried on the following roll call vote : AYES: Councilmen Mackey, Stover, Wilkins and Mayor Nelson NOES: None ABSENT: Councilman Moline • -2- 0 MINUTES - ATASCADERO CITY COUNCIL - APRIL 25, 1983 B. HEARINGS, APPEARANCES AND REPORTS 1. Appearance of Robert Dollahite regarding animal control and spay/neuter programs Robert Dollahite, Director of the County' s Department of Animal Regulations, gave an update on the animal control program with emphasis on the spay/neuter program. He stated that the $3, 000 received by the City has been used and can be accounted for. Kate Johns, representing Action for Animal Rights (AFAR) , stated that their spay/neuter program spent $5,659 for one year and requested Council to assist AFAR until the end of the year. Council will consider the request at the next meeting. C. UNFINISHED BUSINESS 1. Capital Improvement Plan - continued Mr. Warden stated that Phase 2 renovation will cost approximately $237, 000, which includes renovation of the west and south wing rest- rooms, air conditioning and heating systems, increased space for an interim police facility on the second floor, and public counter for Planning on the second floor. Mayor Nelson presented a priority list from the Park and Recreation Advisory Board. Council continued this to the next meeting. PROCLAMATION DECLARING APRIL 29, 1983 SPECIAL OLYMPICS DAY Mayor Nelson presented a proclamation to Vickie Talley, represent- ing the Special Olympics organization, declaring April 29, 1983 , to be Special Olympics Day. Vickie Talley thanked the City and invited everyone to join them on April 29. 2. Ordinance No. 61 relating to the removal of weeds, rubbish, and similar materials - second reading MOTION: Councilman Wilkins moved to read Ordinance No. 61 by title only. The motion was seconded by Councilman Stover and unanimously carried. Mayor Nelson read Ordinance No. 61 by title only. -3- MINUTES - ATASCADERO CITY COUNCIL - APRIL 25, 1983 MOTION: Councilman Wilkins moved to adopt Ordinance No. 61. The motion was seconded by Councilman Stover and carried by the following roll call vote: AYES: Councilman Mackey, Stover, Wilkins and Mayor Nelson NOES : None ABSENT: Councilman Molina 3. City-wide road maintenance district Mr. Warden reviewed the process for establishing a city-wide road maintenance assessment district. He stated that one alternative would be an area-by-area basis rather than on a city-wide basis. Mr. Grimes stated that the property owners involved should petition that they want to pay for this service. Council continued this matter to the next meeting. 4 . Sand and gravel mining in the Salinas River - Sycamore Road Pit Larry Stevens recommended that Staff findings be adopted, process the reclamation plan for mining operation, and that Staff monitor the operation for compliance with previously established conditions only. Mr. Grimes stated that according to the staff report, there is no cause for a nuisance abatement hearing. Donna Porter played a tape of the noise recorded from her property. , She stated that there should be standards on stockpiling, depth of holes, and equipment. Mr. Warden suggested that the water company review the matter. MOTION: Councilman Mackey moved to table until May 23, that Council- members inspect the area, and for the water company board present a report to Staff and participate in the meeting on May 23. The motion was seconded by Councilman Stover and unanimously carried. Frank Platz, member of the Board of Directors of the water company, stated that he is willing to address the problems and that the water company wanted to avoid interference with neighbors . He commented that the operation has not been increased this year. F. J. Bailey and Lora Anderson, area residents, stated that there has been an increase in noise and operation. -4- • 0 MINUTES - ATASCADERO CITY COUNCIL - APRIL 25, 1983 • 5. Fees for animal raising permits to fund enforcement costs Mr. Warden presented a report of possible fees and costs for animal permits to fund enforcement costs. Doug Lewis suggested imposing a sales tax on pet food. Mr. Warden stated that the City is not authorized to do so. Councilman Mackey felt a need for establishing fees for permits and that a part-time Intern could handle the process and enforcement. No action was taken. D. NEW BUSINESS 1. San Luis Obispo-Atascadero bus service recommendation to COG Mr. Warden stated that the city will spend during FY 1983/84 930 of its total receipts from State transit monies for transportation purposes. He further stated that the test criteria had not been met and, therefore, recommended discontinuance of the program and expend- iture of any further money. Ray Pitt stated that the bus averages 18 riders one way and increases each month. He believed that the bus could be self-sustaining by next year. Don Curtis and Jim Cook stated that this system is not feasible and should be discontinued. Steve Otto, Director of the Economic Opportunity Commission (EOC) , presented Council with a copy of EOC Resolution No. 2033, adopted April 21, 1983, requesting continuance of the transit system. MOTION: Councilman Wilkins moved to support Staff ' s recommendation of discontinuance and to state the City' s position at the COG meeting. The motion was seconded by Councilman Stover and carried with Councilman Mackey voting no. RECESS 9 : 55 p.m. RECONVENE 10 : 00 p.m. 2. Ordinance No. 64 regarding discharge of firearms and dangerous weapons - first reading Mr. Warden reviewed the ordinance and recommended approval. MOTION: Councilman Wilkins moved to read Ordinance No. 64 by title only. The motion was seconded by Councilman Stover and unanimously carried. -5- MINUTES - ATASCADERO CITY COUNCIL - APRIL 25, 1983 Mayor Nelson read Ordinance No. 64 by title only. MOTION: Councilman Wilkins moved that this constitute the first reading. The motion was seconded by Councilman Mackey and unanimously carried. Bob Rentschler questioned the shooting of predatory animals and injured or sick livestock. Mr. Warden stated that shooting predatory animals is permitted and the shooting of ailing or injured cattle can be arranged with the Police Department. 3. Request from Boy Scouts for land to construct multi-purpose building Dave Grummitt, representing Boys Scout Troop 104 , requested support in locating an available building for all scout organizations. Mr. Warden stated that a building within the park could not be used exclusively for private use unless legal conditions could be imposed satisfying such proscription. Norman Ted Monson suggested the use of the armory building. No action was taken. 4. Consideration of moratorium on game machine and arcade businesses Mr. Warden reviewed four alternative ordinances and stated that applying an ordinance retroactively only to this business should not be considered. He proposed that Council, if concerned about the problem, impose a moratorium on any new arcade businesses until restrictions and conditions could be developed. Chief McHale stated that the Police Department has received an increase in calls from merchants in the area of the Adobe Plaza arcade operation. Norman Ted Monson stated that the existing arcade should be allowed to continue business. Jim Cook, speaking on behalf of a number of merchants, asked for a moratorium on arcades to give an opportunity to study and to get community input. Roger Lyon, attorney representing Bob Lawrence, owner of Star Station 101, urged against the adoption of a retroactive ordinance. -6- MINUTES - ATASCADERO CITY COUNCIL - APRIL 25, 1983 Mr. Grimes reminded Council that there was no specific Staff recommendation, only that Council must thoroughly document its findings. Pam Cook requested zoning regulations for the future. Mr. Stevens stated that the Draft Zoning Ordinance will cover this area. Terry Vascus, Tracy Handwork, Linda Hackney, and Stephanie Adams were in favor of allowing the arcade business to operate. At 10 : 50 p.m. , Council decided to continue the meeting past the 11: 00 p.m. deadline. MOTION: Councilman Wilkins moved to proceed with the agenda and to set a time limit of 11: 30 p.m. The motion was seconded by Councilman Mackey and unanimously carried. Council chose Alternative No. 1 urgency Ordinance No. 65 as the preferred action in dealing with the arcade problem. MOTION: Councilman Wilkins moved to read Ordinance No. 65 by title only. The motion was seconded by Councilman Stover and unanimously carried. Mayor Nelson read Ordinance No. 65 by title only. MOTION: Councilman Wilkins moved to adopt Ordinance No. 65 as an urgency measure. The motion was seconded by Councilman Mackey and carried on the following roll call vote: AYES: Councilman Mackey, Stover, Wilkins and Mayor Nelson NOES: None ABSENT: Councilman Molina 5. Consideration of San Luis Obispo resolution opposing SB 259, unwarranted intrusion into local affairs by single purpose legislation involving a local matter Mr. Warden presented a resolution from the City of San Luis Obispo opposing Senator Mello' s SB 259 . MOTION: Councilman Mackey moved to support Resolution No. 5089 of the City of San Luis Obispo opposing SB 259 . The motion was seconded by Councilman Stover and unanimously carried. -7- • 0 MINUTES - ATASCADERO CITY COUNCIL - APRIL 25, 1983 E. ATASCADERO COUNTY SANITATION DISTRICTm MOTION: Councilman Wilkins moved that the Council recess and convene as the Atascadero County Sanitation District Board of Directors. The motion was seconded by Councilman Mackey and unanimously carried. 1. Ordinance No. 63 amending Ordinance No. 54 regarding sewer service charges - second reading MOTION: Director Wilkins moved to read Ordinance No. 63 by title only. The motion was seconded by Director Mackey and unani- mously carried. President Nelson read Ordinance No. 63 by title only. MOTION: Director Wilkins moved to adopt Ordinance No. 63 . The motion was seconded by Director Stover and carried on the following roll call vote: AYES: Directors Mackey, Stover, Wilkins and President Nelson NOES: None ABSENT: Director Molina 2. Resolution No. 20-83 approving Satisfaction of In Lieu Assessment Agreement with Ray and Karen Spear MOTION: Director Wilkins moved to adopt Resolution No. 20-83 . The motion was seconded by Director Mackey and carried on the following roll call vote: AYES: Directors Mackey, Stover, Wilkins and President Nelson NOES: None ABSENT: Director Molina 3. Status of Wastewater Collector Grant - Project No. C-06-2927 MOTION: Director Mackey moved to appeal the decision of the California Regional Water Quality Control Board and authorize Staff to proceed with the appeal. The motion was seconded by Director Stover and unanimously carried. MOTION: Director Wilkins moved that the Board of Directors adjourn and reconvene as the City Council. The motion was seconded by Director Mackey and unanimously carried. -8- MINUTES - ATASCADERO CITY COUNCIL - APRIL 25, 1983 F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council Nothing 2. City Attorney Nothing 3. City Clerk Nothing 4. City Treasurer Nothing 5 . City Manager a. Mr. Warden stated that he had received correspondence from Assemblyman Seastrand acknowledging and supporting our opposition to AB 5099. b. Mr. Warden stated that he received a letter from Congressman William Thomas regarding Lease Sale 73, noting that there was not much he could do about it. C. Mr. Warden stated that SB 778 Bill will be heard before the Senate Finance Committee on May 2, 1983 . he urged anyone interested in opposing legislation to contact Senator Maddy. d. Mr. Warden asked if there were any objections to changes proposed for the South Atascadero Park Plan with respect to playing field alignments. There were no objections. e. Mr. Warden requested a closed session for personnel negotiations and that there would be no announcements afterwards. f. Larry McPherson commented on the COG preliminary work program. The meeting adjourned at 11 : 12 p.m. to closed session and returned to regular session at 11 :46 p.m. , at which time they adjourned. Recorded by: BARBARA NORRIS, City Clerk : BY PATSY A. NESTER Deputy City Clerk -9- • CITY OF ATASCACERO TREASURER'S REPORT APRIL 1, 1983 TO APRIL 30 , 1983 RECEIPTS TAXES Sales & Use 48,000 .00 Motor Vehicle "In Lieu 34,634.09 Cigarette Tax 4,298. 89 Prior Year Property Tax 3,301. 69 Current Year Property Tax 208 ,954.30 Property Transfer Tax 2,709 .16 Franchises 161,777 .75 Occupancy Tax 6,641.25 Other In Lieu Taxes 3,677.99 LICENSES/PERMITS/FEES 9,013. 79 GAS TAX 14 ,869 .73 TRAFFIC SAFETY 3,790 .58 RECREATION FEES 11,290.94 RETURNED FROM LOCAL AGENCY INVESTMENT FUND • AND MATURED TIME DEPOSITS 60 ,000 .00 INTEREST ON INVESTMENTS 28,553. 88 TRANSPORTATION SB-325 519.00 REVENUE SHARING 68 ,479.00 GRANTS 6,000 .00 MISCELLANEOUS Rents/Concessions 822.11 Rebates 184.20 Sale Maps/Publications/Reports 214. 70 Special Police Services 30.00, Narcotic Officer Reimbursement 4,362.36 Fines & Penalties (327 .64) P.O.S.T. Reimbursement -0- Dial-A-Ride Farebox 1,909 .25 Bails/Bonds 690 .00 Weed Abatement 2, 226 .41 Reimbursement to Expense 2, 024. 79 E.D.D. Job Training Reimbursement 100. 50 Miscellaneous -0- TOTAL $ 688 ,748 .72 • 1 CITY OF ATASCADERO TREASURER'S REPORT APRIL 1, 1983 TO APRIL 30, 1983 INVESTMENTS LOCAL AGENCY INVESTMENT FUND 1,175, 000.00 TIME DEPOSIT, CITYCORP SAVINGS 9 .250% INTEREST, MATURES 07/25/83 100 ,000. 00 TIME DEPOSIT, SANTA BARBARA SAVINGS 9.125% INTEREST, MATURES 09/22/83 100 ,000.00 TIME DEPOSIT, GREAT WESTERN SAVINGS 9 .125% INTEREST, MATURES 09/22/83 100 ,000 .00 TOTAL INVESTMENT DEPOSITS 1,475,000.00 �2 Steven M. Ri to, Treasurer 2 , • CITY OF ATASCADERO FINANCE DIRECTOR'S REPORT APRIL 1, 1983 TO APRIL 30 , 1983` BALANCE AS OF FEBRUARY 28, 1983 6,741. 60 DEPOSITED BY TREASURER, SEE RECEIPTS, TREASURER'S REPORT, PAGE 1 688,748.72 TOTAL 695,490 .32 HAND CHECK REGISTER DATED 04/30/83 431,139.65 CHECK REGISTER DATED 04/14/83 55,666.71 CHECK REGISTER DATED 04/21/83 59,605.94 CHECK REGISTER DATED 04/28/83 41,217.81 EXPENSE LISTING 90,617 .30 TOTAL 678,247 .41 BALANCE AS OF APRIL 30 ,19833 17,242.91 PETTY CASH 200.00 TREASURY INVESTMENTS SEE TREASURER REPORT, PAGE 2 1,475,000 .00 TOTAL $1,492,442.91 I,RALPH H. DOWELL JR. , do hereby certify and declare that demands enumerated and referred to in the foregoing register are accurate and just claims against the City and that there are funds available for payment thereof in the City Treasury. Dated: May 3, 1983 Ralph H. Dowell, Jr. Finance Director M rray A. Warden ity anager 3 • p a ♦ ♦ ♦ a ♦ a ♦ ♦ t ♦ ♦ l a u I I .� ?J.?-? 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I 7c t Z c' F. _ —'F.. z e ILM I J-1 p �I — I I� _ O 1 LZ € _ i n 71 >1f7< I E_Z I +AA kff f �! N ; _ to z i k� _r Cl { c c c el z. I� rz> trf LIZ Z. '.moi-N� .,i.�e µ , -• ' 4:% j :. U � x x xx X X .<Ix.X X+ x x ?r'x x x x x x x x c x x _x X x x X i -i ;. _ ^ 0 F A: 1 tl # I { i t I f ! lo' z hIz 7M _ ci 3 ig 03 0 tv 77 # E i jj 4 k XXX 4XX X X ?CXX f 7EX XX X x x x jGx x x x K \,V:.,y .[: `s. v `v\t\•, F }. N#,l,X T X XIX y 3 :—Y >•+ .�. — W r Zi Lq Ln, z Zzz z (- t G -IM,M. L z —t+F F I t,` f"• f _ - \\\ ICC \._ 6 :4 j l _I Vi Lr 26 I ! z 10 jj .. JI - _ ty rs i 1 ! C. I. r, k _ Z, ro tA L 1 ^i fUl { < x x I;< xr:x` x xF x >)ixxxlxx txfxxl xx x'. r- x x r (h1 A-? ',lam 3 Y !-r 7 aI - �i7 }. �D C ' { 11 :r z U tl CD j J I Illy _ � � :'d _ I ,• — z ✓ •A _ — i t aI b MEI� CD :< `X.IX hx X _ a _ I^ I^ �• c� _ � � _! f z= r - _ l I I Awl 1I -I i r - G tr —I 4 4 4 G -� — 4 4-- ` 4 G - t - -c E _` L G C4 C F,I :7. T S -r S. -i ti 1zv Z. Z - 7u z F X i I G,'E[! Z S E a r , •� iz. i zC7 z }}jj z 4 •cr � I i z i 7 or- CD I 7nD 3 X.x, x�xx `Ix < x I x x y x) xk �c �: x x x x x t t z a RIR 1 .> t — 71 z z i t I t -2 9- i k .r i `- W I � I .y �. — z � � fi ' is - �. .-7 w a _e _ f,4 is lol x k xX, '`fix x Nvxrx�xx'X x z XX� i ! I _I E W N` �� z w -I- w T TZ 7 Z G. I v r _. I _ _ i- � .o fly i ! CITY OF ATASCADERO FINANCE DIRECTOR'S REPORT APRIL 1, 1983 TO APRIL 30 , 1983 EXPENSE LISTING PAYROLL DATED 04/06/83 CHECKS #10419-10519 47 ,892.63 PAYROLL DATED 04/18/83 CHECKS #10520-10599 44 ,400.98 VOIDED CHECK #5571, Prior Year Check (10.00) VOIDED CHECK #13169 , Prior Year Check (5.00) VOIDED CHECK #8254 , Prior Year Check (268 . 34) VOIDED CHECK #10466, Payroll Dated 04/06/83 (1392.97) TOTAL $ 90,617 .30 -31- • _M_E_M O_R_A N_D U_M TO: City Council FROM: City Manager SUBJECT: Recognition of the Clerical Unit DATE: May 3, 1983 Attached hereto are copies of the Clerical Unit Petition for Recognition and associated bylaws. The petition seeks recogni- tion to represent its members is labor relations with the City. In accordance with Section 7.9 of the City' s personnel rules, I have notified each of the employees involved of the proposed recognition. Recognition procedures require that thirty days elapse prior to formal recognition of a petitioning unit in order to allow any objections to be registered by employees who might object to the proposed unit. That time period was up on April 28, 1983. In the absence of any employee objections, it is my intention to recognize the .unit. This item is for your information and review of the attach • ments and for your acceptance of the Petition and the bylaws. JMURAY . WARDEN MLW:ad • seiu LOCAL 660 SEIU ,* AFL-CIO AFL-CIO SERVICE EMPLOYEES INTERNATIONAL UNION 1530 Monterey Street San Luis Obispo, CA 93401 805/541 2313 March 17, 1983 Mr . Murray Warden Employee Relations Officer MAR 17 1983 City of Atascadero } P 0 Box 747 Atascadero, CA 93423 — — — — — _ — — Dear Mr. Warden: SEIU Local 660 wishes to amend our petition for recognition submitted to your office February 28 , 1983 . The following reflects changes in the petition to reflect concerns you voiced in a phone conversation of March 3 , 1983 . A. The name of the organization is: The City of Atascadero Chapter "Clerical Unit" Service Employees International Union (SEIU) Local 660 AFL-CIO B. Officers of the above mentioned organization are: Ginger Wade, President Judith Lamey, Vice President Sandra Parks, Secretary/Treasurer C. The names of employee organization representatives who are authorized to speak on behalf of its members are: Ginger Wade, President , Clerical Unit Judith Lamey, Vice President , Clerical Unit Sandra Parks, Secretary, Clerical Unit Tom Starkey, Field Representative, SEIU Local 660 G. Notices may be sent by regular United States mail to the following designated persons : -*JM"163 t Petition for Recognition (amended) City of Atascadero March 17 , 1983 Page 2 Ginger Wade 232 11th Street Paso Robles, CA 93446 Tom Starkey, Field Representative SEIU Local 660 1530 Monterey Street San Luis Obispo, CA 93401 I . The following are job titles of workers that comprise the "Clerical Unit" being petitioned for representation. They are: JOB TITLE NUMBER OF PEOPLE Clerical Assistant I 0 Clerical Assistant II 2 1/2 Dispatcher/Clerks 5 Account Clerk I (if not confidential) ? I Total in Unit 7 1/2 K. We hereby request the Municipal Employee Relations Officer formally acknowledge our organization as the recognized employee organization representing all employees in the "Clerical Unit" (mentioned in item I) for the purposes of meeting and conferring in good faith. Please note that all other sections of the Petition for Recognition not noted above, remain the same. Please notify me promptly if you have any further concerns regarding this petition. Best regards, roger ade, President I A411 Tom Starkey, Field 1yepresentative SEIU Local 660 AF -CIO TS/ep • seiu LOCAL 660 SU AFL-CIO AFL-CIO SERVICE EMPLOYEES INTERNATIONAL UNION 1530 Monterey Street San Luis Obispo, CA 93401 805/541 2313 February 28, 1983 Mr. Murray Warden Employee Relations Officer City of Atascadero P 0 Box 747 Atascadero, CA 93423 Deur Mr. Warden: Pursuant to Resolution No. 12-80 Section 7.7, Petition for Recognition, we hereby petition for formal recognition as the recognized employee organization representing all employees listed in ( I) below of the "Miscellaneous Unit" of tie City of Atascadero, California. A. The name of the organization is: The City of Atascadero, Chapter "Miscellaneous Unit" Service Employees International Union (S.E. I .U . ) Local 660 AFL-CIO The addresses of the organizations are: ':Clain Office: S.E . I .U . Local 660 2404 Wilshire Blvd. Los Angeles, CA 90057 213/385-5555 Field Office: S.E . I .U. Local 660 1530 Monterey St . San Luis Obispo, CA 93401 805/541-2313 B. Officers of the above mentioned organizations are: Daniel Elisarraras , President Jimmy Chris Lane, Vice President Kincy Scott , Secretary/Treasurer • 163 Petition for Recognition City of Atascadero February 28, 1983 Page 2 C. The names of employee organization Representatives who are author- ized to speak on behalf of its members are: Daniel Elisarraras, President Jimmy Chris Lane, Vice President Kincy Scott , Secretary/Treasurer Tom Starkey, Field Representative, SEIU Local 660 D. Our organization has, as one of its primary purposes, to represent the employees in the above mentioned organization in their employ- ment relations with the City of Atascadero. E. The above mentioned organization is affiliated directly with: A. Service Employees International Union Local 660 AFL-CIO 2404 Wilshire Blvd. Los Angeles, CA 90057 213/385-5555 B. Service Employees International Union AFL-CIO 2020 K Street N.W. Washington, D.C. 20006 C. California State Council of Service Employee Unions 240 Goldent Gate Ave. San Francisco, CA 94102 D. Western Conference of Service Employees Unions 240 Golden Gate Ave. San Francisco, CA 94102 E. S.E. I .U. Joint Council of So. Calif . of SE#8 2724 W. 8th St . Los Angeles, CA 90005 F. Tri-Counties Central Labor Council (Ventura, Santa Barbara, San Luis Obispo) P 0 Box 2328 Goleta, CA 93118 F. Enclosed is a certified copy of our Employee Organization's Consti- tution and By-Laws known as Attachment A'. G. Notices may be sent by regular United States Mail to the following designated persons. Daniel Elisarraras, President P 0 Box 2394 Atascadero, CA 93423 Petition for Recognition City of Atascadero February 28, 1983 Page 3 Tom Starkey, Field Representative SEIU Local 660 1530 Monterey St . San Luis Obispo, CA 93401 H. The above mentioned organization has no restriction on membership based on race, color creed, sex, or national origin. I. The following are job titles of workers that comprise the Miscel- laneous Unit being petitioned for representation. They are: Job Title Number of People Clerical Assistant I 0 Clerical Assistant II 22 Dispatcher/Clerks 5 Senior Engineering Technician 1 Engineering Aide 0 Building Inspector 1 Recreation Coordinator 1 Total in Unit 102 J. Our organization has in its possession, proof of employee support to establish that a majority (five (5) or more) of employees in the above mentioned Unit ( Item I ) have designated our organization to represent them in their employment relations with the City. Copies of such written proof are hereby enclosed as Attachment"B" . K. We hereby request the Municipal Employee Relations Officer formally acknowledge our organization as the recognized employee organization representing all the employees in the Miscellaneous Unit (mentioned in Item I) for the purposes of meeting and conferring in good faith. This petition including all attachments, is hereby declared to be true, correct , and complete under penalty of perjury. Daniel Elisarraras, President Tom Starkey, Field presentative SEIU Local 660 TS/ep Attachments (2) AR CLES OF INCORPO `ATICON and BY-LAW S (with Index) Of LOCAL 660 Service Employees International Union AFL-CIO Los Angeles County Employees to ees Association � A Non-profit Corporation of the State of California (As amended effective January 1, 1980) SeIU AFL-CIO t( '�' 114 rvti t 1ULI_,) ori III viv%I ivw v. iu cinrvey, CxcIII IIgi, lease, ntoIIgilge, e )CII III 1ei, LOS ANGELES `AUNTY transfer upon trtlI or otherwise dispose of all property, EMPLOYEES *1:DATION real or perso f. To bor7v money, contract debts, and issue bonds, A Non-profit Corporation of the State of California notes and debentures, and to secure the payment of perfor- KNOW ALL MI?N 13Y 'TI IESI?PRI:SEN"TS: That we, the mance of its obligations. undersigned,do hereby form a non-profit corporation under B. To operate any or all concessions and business enter- the provisions of Part I,Division 2,Title I of the Corporation prises either on publicly-owned ground or on priv Code of the State of California; property. And we do hereby certify: C. To carry out a program of recreation for the benefit of all of the members of the Association. ARTICLE I D.To do all other acts necessary, suitable or expedient That the name of this corporation is and shall be LOS for the administration of the affairs and the attainment of ANGELES COUNTY EMPLOYEES ASSOCIATION. the purposes of this corporation. E. To possess and exercise any and all such additional ARTICLE Il powers as are reasonably implied from the purposes herein- This this is a non-profit corporation,which isnot formed above enumerated, and to possess and exercise all other f powers and rights now possessed by or reserved to non- for the purpose of, nor does it contemplate pecuniary gain oProfit corporations or may hereafter be granted by law to r profit to its members. This corporation shall have no csuch corporations;and the enumeration of specific powers capital stock, and no member thereof shall have any se no herein shall in no wise be deemed a limitation upon the ate or divisible interest in this corporation or in its property. powers and rights granted to this corporation, but instead ARTICLE III it shall possess and exercise all powers and rights usually and customarily possessed and exercised by non-profit Section 1.A.The specific and primary purpose for which corporations. this corporation is formed is to represent public employees in all matters relating to employment conditions and ARTICLE IV employer-employee relations, including, but not limited to, The principal office for the transaction of the business wages,hours and other terms and conditions of employment. of this corporation is located in the County of Los Angeles, B. The general purposes for which this corporation is State of California. formed are to advance the health,comfort,morale and wel- fare of public employees; to advance the political., social, ARTICLE V cultural and educational welfare of public employees;to aid in the perfection of systems that will make for greater This corporation shall have twenty-one (21) directors, efficiency of employees in all branches of the public service; but the number of directors may be changed from time to to preserve individual rights; to promote justice, peace and time by amendment to these Articles of Incorporation or security,founded upon sound economic principles;to foster by an amendment to the By-Laws of this corporation. tolerance, fair play, and loyalty in support of the funda- names and addresses of the persons who are to act in mental principles of good government in accordance with capacity of directors until the selection of their success applicable laws of local agencies, counties, the State, and are as follows: the Nation; to operate various suitable concessions and Don R.Sanson Gerald Kelly economic programs, and to administer the funds derived Thomas A.Newton Raye King therefrom in accordance with law so as to achieve these ends. Ellen C.Neilan J. Frank Nichols Section 2. The method for attaining these objects shalt Lula Jones William L.Olsen be by direct representation before; and negotiation with Stanley Bayne Jess R.Patten appropriate governing bodies,their authorized management Helen K.Carr Raymond Sepulveda McDonald representatives or other representatives, or boards or com- Curtis Wm.G.Sharp missions thereof; by vigilant protection of employee rights Frank en Guy A.Sopp to collective bargaining,collective action,and other gua`ran C.O.Harvey Lawrence S.Hoke Gladys Johnson Edward H. Gaylord tees of fair employment practices,or by other lawful means. Arthur J.Will 3 Section 3. To aid in the realization of such purposes as are designated in this Article, this corporation shall possess specifically the following powers: ARTICLE VI A.To do any and all acts and things which may be done The authorized number and qualifications of the mem- by any non-profit California corporation as provided by bers of this corporation and of its officers or directors shall Section 9.501 of the Corporation Code of the State of be set forth in the By-Laws. California,to wit: ! a. To sue and be sued; b. To contract; ARTICLE VII c. To receive property by devise or bequest, subject to The voting and other rights, privileges, and the liability the laws regulating the transfer of property by will,and to of each or all classes of members for dues and methods of otherwise acquire and hold all property,real or personal,in- collection thereof, shall be such as may be set forth in the eluding shares of stock, bonds and securities of other By-Laws. corporations; d. To act as trustee under any trust incidental to the ARTICLE VIII principle objects of the corporation and to receive, hold, No member, officer, or director of this corporation sh administer, and expend funds and property subject to such be personally liable for any debts, liabilities or obligations of this corporation. —1— AlZ11CL[ IX tical of Ilse t,ox /tngcu•s t m1my i.inlnuy t.� f and ilial the ti I -iia tones is'I teasurer of the Los Angeles The IClnl of, e-xislcncc ulpolation shall h,. I,c•r• Connty lintpl ialion;that the Los Angeles County pclual,unless heteallt r othcitoviticd by law,of nnirss I,ntployecs ctatton is an unincotpotatal association, the corporation is dissolved in the manner provided by law. and that said association has duly authorized its incorpora- tion; that Don R. Sanson and Lula_ Jones have executed ARTICLE X these articles of incorporation and in their official capacity The title to all the corporate property,and of all money and by authority of said association. or property given or distributed to it,shall be vested in the W.F.Gross corporation and shall be managed by the Board of Directors Notary Public in and for said County and State for the purposes thereof. In the event of the dissolution of My Commission expires May 29, 1953 the corporation, any profits, money, or property then belonging to the corporation shall be distributed to the Raye King Wm.G.Sharp members thereof. J. Frank Nichols Guy A.Sopp William L.Olsen Arthur J.Will ARTICLE XI Jess R.Patten Edward H. Gaylord The name of the existing unincorporated association Raymond Sepulveda Lawrence S.Hoke which is being incorporated by these Articles of Incorpora- STATE OF CALIFORNIA ` tion is the same as the name of this corporation, to wit: COUNTY OF LOS ANGELES ss. 1 LOS ANGELES COUNTY EMPLOYEES ASSOCIATION. On this 16th day of October, 1950,before me,a Notary IN WITNESS WHEREOF,the undersigned incorporators Public in and for said County and State,personally appeared: have executed and entered into these Articles of Incorpora Don R.Sanson Raye King tion at Los Angeles County for purpose of incorporating Ellen C.Neilan J. Frank Nichols the unincorporated association known as the LOS Lula Jones William L.Olsen ANGELES COUNTY EMPLOYEES ASSOCIATION. Stanley Bayne Jess R.Patten Dated this 25th day of September, 1950. Thomas A.Newton Raymond Sepulveda Don R.Sanson Helen K.Carr Helen K.Carr William G.Sharp Thomas A.Newton McDonald H. Curtis McDonald H.Curtis Guy A.Sopp Ellen C.Neilan Frank Eagen Frank Eagen Arthur J.Will Lula Jones C.O.Harvey C.O.Harvey Lawrence S.Hoke Stanley Bayne Gladys Johnson Gladys Johnson Edward H. Gaylord Gerald Kelly Gerald Kelly known to me to be the persons whose names are subscribed STATE OF CALIFORNIA to the foregoing Articles of Incorporation.and each acknow COUNTY OF LOS ANGELES ss. ledged that he executed the same as an incorporator of the On this 16th day of October, 1950,before me,a Notary Los Angeles County Employees Association. Public in and for said County and State residing therein, W.F.Gross duly commissioned and sworn,personally appeared each of Notary Public in and for the County of the above and, who, being duly sworn, each for himself Los Angeles,State of California deposes and says: that the said Don R. Sanson is the Presi My commission expires May 29, 1953. i j i i t —2— t I ' BY- F represen whiting to employer-eniployee rclatfons,nor LOS ANG LS i:OUNTY shall Unc liticd to participate in Local elections for EMPLOYEES ASSOCIATION Board of Directors, nor shall they serve on the Board. Local 660,SfaU,AFL-CIO Section .S. Contract Members. Contract members shall be (A Non-Profit Corporation of the State of California) those members of an employee organization subject to a contract for representational services with this1 1. ARTICLE I Each Contract member shall be entitled to the s Definitions specified in the contract concerning him,and shall pa s Section 1. Unless otherwise indicated, the term "Associa- and have rights as agreed by the contract. tion" as used in these By-Laws shall mean the Los Angeles Section 6. Service Members. Service members shall be County Employees Association. The Association shall be those persons whose employment the Board of Directors known and do business as the Los Angeles County Employees finds is either sufficiently closely related to the interests of Association, Local 660, Service Employees International the members or to public employment that such persons Union, AFL-CIO, or as is commonly known as SEW Local should be eligible as Service members and those members i 660,AFL-CIO. formerly denominated Special members. Service members Section 2. "Public Service" means and refers to employ- shall be entitled to all of the rights and privileges of mem• 4 ment by a governmental employer. bership not prohibited by these By-Laws. Service members Section 3. A "unit of representation" means a unit of shall not be entitled to any service relating to employer- employees' representation as established by the County employee relationships, nor shall they be entitled to vote in Employee Relations Commission, plus such other unit or Local elections, to hold office, or to serve on the Board. units of representation deemed appropriate by the Board. Section 7. Honorary Members.Honorary members shall be Section 4. "Board" means and refers to the Board of any citizen of the United States not otherwise eligible for Directors of this corporation. membership in the Local, whose accomplishments in governmental matters or whose interests in our aims and Section S. The term "member" or "members" as used in purposes entitle him to the privileges. Honorary member- these By-Laws shall mean a voting member or voting ship shall be conferred by a two-thirds(2/3) majority vote members unless otherwise indicated. of the Board of Directors. Honorary members shall not be ARTICLE II entitled to vote in Local elections, to hold office, or to Offices serve on the Board. Section 1. Principal Office. The principal office for the Section 8. Life Members. Life members shall be those transaction of the business of the corporation shall be former Representated, Regular or Service members who located in the City of Los Angeles, State of California. have left public service,and who have been members of the t ARTICLE LII Local for five (5) years immediately prior to leaving public i h Life e members shall be entitled to those rights Rights and Classes of Membership and Section 1. Classes of Members. The Local shall be com- privileges as determined by the Board of Directors, except j posed of Representated, Organizing, Regular, Contract, that they shall not be entitled to vote in Local elect Service, Honorary and Life Members as hereinafter defined, hold office, or to serve on the Board. The Board who shall pay dues as hereinafter established. quire that any Life member who wants to receive the official Local publication shall express his or her desire to Section 2. Represented Members. Represented members do so in writing to the Board. I means those members who qualify under Article 1,Section 2, and who are represented by this Local under local, Section 9. .Dues. The Board of Directors or the General 1 statutory, or federal law providing for the recognition of an Membership shall fix the dues for each class of membership employee organization to represent its members with respect of the Local to such members' wages,hours,and other terms and condi- Section 10.Assessments. No assessments shall be imposed tions of employment. Each Represented member shall be upon or demanded for any of the members. entitled to all the rights and privileges of membership, including the right to cast one vote at all meetings or elec- Section 11. Right of Member to appear before the Board of tions of membership. Any Represented member shall be Directors or General Membership Meeting. Any member eligible for any office, elective or appointive, within the shall have the right to appear before either the Board of Local, except as hereinafter provided in these By-Laws. Directors or a General Membership meeting. t Section 3. Organizing Members. An Organizing member Section 12.Admission, Discipline and Dismissal.The Board is a person who is an employee in a jurisdiction where Local of Directors shall establish reasonable rules and regulations 660 is seeking representation rights and who has signed an for the admission, discipline and dismissal of any member • authorization card. An Organizing member shall be a of any class of members. Applicants who have been termi- member with all of the rights and privileges of a Represented nated or who have been notified of impending termination member. of employment shall be denied membership in Local 660. Section 4. Regular Members. Regular members shall be Effective January 1, 1978, no member engaged in a those members in public service as defined in Article I, management position shall serve on any committee of Local Section 2. Each Regular member shall be entitled to the 660. No management employee, not already a member of highest available form of representation permitted by law, Local 660, shall be eligible for membership in the Local. and to all rights and privileges of membership including the right to cast one vote at all meetings or elections of mem- bership. Any Regular member shall be eligible for any office, elective or appointive, within the Local, except as ARTICLE IV hereinafter provided in these By-Laws. General Membership Meetings and Quorum Employees of the Local shall be Regular members unless Section 1. Annual Meeting. There shall be an AIR they elect not to be. Such Regular members who are full- Meeting of the members of the Local at a place and time to time employees of the Local shall not be entitled to any be fixed by the Board of Directors. —3— Section 2. Special Meeting embcrs.'I'he 13mml of if control Al %landing in the Loral fol at least (1) Directors may call and noir a Special Meeting of Ilse Years ini n . tely preceding such nomination: 1"WEI''l . members. The matters to be considered at such special HOWEVER, a member assigned to a Division shall be meetings shall be limited to those noticed by the Board. eligible for nomination as set forth above upon having been Such notice may be given to the members in the house organ. a member of the Local for at least one-half('h)of the time Special meetings of- the members shall be called by tile period between the date the Division of which he is a President upon receipt of a petition of five hundred (500) member was created, and the date of the nomination or members in good standing,only fifty (50) of which may be nominations.Such a member,however,shall not be required from any one unit of representation.The Board of Directors to a member of the Local for more than three(3)years. (c shall appoint a committee which shall verify and certify to (c) Effective January 1, me, member employed by • the President the signatures within seven days after the a public agency in a managgeementt position as defined by .receipt of such petition. Upon certification that the peti- collective bargaining unit determination, or certification tion meets the above specified qualifications, the President process, by applicable civil service determination shall shall call a special meeting within thirty(30)days of the re- be eligibllee to serve on the Local 660 Board of Directors. ceipt of such petition. Only such matters as are specified in Board members Board s ed to such positions shall be required red the petition for the special meeting shall be considered at to resign their Board seats effective not later than the last such meeting unless the Board in Directors exercises its payday of the month in which said appointment became authority to notice additional matters for consideration at effective. Vacancies occurring from application of this Provision shall be such special meeting. Notice of a special meeting called by `filled in accordance with provisions set forth in the Laws. (d) No person the President may be given to the membership in the house organ. son who is elected or appointed to a govern- ment office, whose position includes the formulation of Section 3. Quorum. A quorum shall consist of ten percent employer-employee relations policy affecting members of (10%) of the eligible members. However, not less than one the Local,shall be eligible for nomination under this section. percent (1%) shall be present in person.The balance of the (e) No person who has been convicted of a felony shall quorum may be represented by proxy. be eligible for nomination under this section. A proxy must: (1) be written; (2) reflect the name of the person giving the proxy, both typed or printed legibly, Section 3. Vacancies. A vacancy on the Board of Directors and that person's signature; (3) be dated; (4) reflect the occurs when an incumbent: name of the member receiving the proxy;(5)state how the a) Dies,is adjudged incompetent by a Court,is convicted vote or votes must be cast. of a felony;or In accordance with reasonable rules and regulations b) Resigns, leaves the employ of a public agency within adopted by the Board, proxies shall be submitted for certi- the Local's jurisdiction;or fication to a special Certification Committee composed of c) Fails to pay the dues of the Local;or no less than five (5) members appointed by the President d)Is recalled;or and confirmed by the Board. e) Fails to attend the regular Board meetings for three Section 4. Action by Local. Any action taken by the (3)consecutive months without a valid excuse;or epresen- membership at a general membership meeting held pursuant Transfers or is otherwise placed in a unit of would h to this Article shall be the action of the Local and shall tation such that said unit of representation wouuld have prevail over any contrary action taken by the Board of three (3) directors at the end of the calendar year and the Directors. succeeding year, in which instance the transferred Board members position shall be deemed to be vacant at the end ARTICLE V of the calendar year in which he transferred or otherwise Shop Steward System became a member of the new unit of representation. A Shop Steward System shall be formulated and main- In the event of a vacancy on the Board, the President tained by the Board of Directors. shall appoint a director until the next annual election, ARTICLE VI subject to confirmation by the Board. Such appointed Directors member to the Board shall not automatically assume any Section 1. Number, Election and Term of Directors. The office or committee membership of the Local.If a vacancy Board of Directors shall consist of twenty-one(2 1)members, occurs on the Board in a position with more than one (1) elected by a mail secret ballot of the members of the Local year to run, that position shall be filled by election of the Except as otherwise provided in these By-Laws, seven (7) members at the Annual Election of Board members for the Directors shall be elected each year to serve three (3) year unexpired portion of the vacated directorship. Any Board terms. All Board members shall serve until their successors member shall be eligible for election whether he has gained have been elected and qualified,or appointed. his seat on the Board by election or appointment. Election of the members of the Board of Directors by Section 4. Resignation. Any director may resign at any the General Membership shall be in proportion to the num- time by giving written notice to the Board.Any such resig- ber of Regular and Represented Members. Such propor- nation shall take effect at the date of the receipt of such tionate representation shall be determined to apply to all notice or at any later time specified therein. vacancies or positions to be tilled and the proportionate Any director who is elected or appointed during his or representation shall be adjusted by the Board,of Directors her term of office to a governmental office, whose position before any General Member election at which members to includes the formulation of employer-employee relations the Board of Directors are to be elected. policy affecting members of the Local shall resign from the Section 2. Qualifications. (a) No more than two (2) Board upon such election or appointment. Directors shall be elected or serve from one unit of repre- Section 5. Powers. Subject to the hmitations of the Articles sentation, division, or a unit of Regular Members which of Incorporation and the By-Laws, all corporate powers shall include any Contract Members having a right to vote shall be exercised by the Board of Directors and the ordinary (hereinafter referred to as a unit of representation). business and affairs of the Local shall be controlled by the (b) No person shall be eligible for nomination as a Board. member of the Board of Directors, International Delegate, Subject to the above, the Board of Directors shall con- or any other office in the Local who has not been a member duct and control the business affairs of the Local and make —4— such rules and regulation. C r not lnconsislant with (h) Ap` It of Special Conuniltees. The President law, Lhe Articles of Inco> i(ion, or the By-laws, as it with the ioval of the Board, may from time to time deems tit. The Board of Directors shall act upon matters appoint special committees and prescribe and assign the requiring its attention by voice or hand vote unless one duties thereof. The President, with the approval of the director calls for a roll call.Any director may have recorded Board, shall appoint a Special Elections Committee to in the minutes the vote of that director on any matter. supervise any general membership election or canvass. Section 6. Meetings of the Board of Directors. The Board (c) Appointment of Chairpersons of Committee of Directors shall hold a regular meeting at least once every President shall appoint a member of the Board as tr- month and otherwise at the call of the President or ten(10) person of each standing or special committee as shall be or more directors. appointed. The appointment of die chairperson of tine All meetings shall be held at the principal office of the Nominating Committee by the President shall be subject to Local, except that the Board of Directors may call special confirmation by the Board. meetings at other places upon adequate notice. Notice of the time and place of all meetings shall be given to all . Section 5. Except as otherwise provided,the President and the Board of Directors shall prescribe and assign the duties directors by the President or by some person designated by ten (10) or more of the directors by either written com- of Standing Committees,as enumerated in Article VIII. munication or orally at least one (1) day prior to the Section 6. Vice-President. In the absence or disability of meetings. the President,the Vice-President shall perform all the duties Section 7. Order of Business. The Order of Business for of the President, and when so acting shall have all the Board of Directors'meetings shall be: powers of and be subject to all the restrictions upon the 1.Roll Call President.The Vice-President shall have such other powers 2.Minutes of Previous Meetings and perform such other duties as may be from time to time 3.Special Reports prescribed for him by the Board. 4.Committee.Reports Section 7. Secretary. The Secretary shall supervise the 5.Unfinished Business preparation of the minutes of the Board meetings and the 6.New Business Executive Committee meetings. In the case of the absence 7.Good and Welfare or disability to act of the Vice-President,the Secretary shall 8.Adjournment perform all the duties of the President, and when so acting Section 8. Authority Used in Conduct of Meetings. shall have all the powers of and be subject to all the restric- Roberts' Rules of Parliamentary Procedure, the current tions of the President. The Secretary shall have such other edition, shall be used as authority in the conduct of all duties as may be from time to time prescribed for him by meetings of the Local or Board, except when in conflict the Board. with specific provisions in these By-Laws. Section 8. Treasurer. The Treasurer shall authorize the Section 9. Authority to Execute Documents. In the event deposit of all monies received by the Local in the bank or a resolution is adopted by the Board which would require banks designated by the Board;keep a correctaccount of the execution of a document on behalf of the Association, all of his transactions by funds;submit at the June g' and should the resolution be silent insofar as naming the of the Board a statement of all receipts and disbur , party to execute the document, then and upon compliance be ready at all times to exhibit to the Board the Won with the terms of the resoulution such document may be hand and his books for inspection;and make such invest- executed by any one of the four (4) officers or the ments as authorized by the Board. General Manager. Section 9. Bonding of Officers. Officers shall furnish a ARTICLE VII surety bond in such an amount as may be required by the Officers Board, the premium on said bond to be paid by the Local. Section 1. Officers. The officers of the Local shall be a ARTICLE VIII President, Vice President, a Secretary and a Treasurer. Committees One person may not hold two or more offices. Section 1. Standing Committees.The Standing Committees Section 2. Elections. The officers of the Local shall be of the Local shall be the following: Civil Rights,Committee chosen annually by nomination and written ballot at a on Political Education,Executive,and Nominating. meeting in December after the election of Directors. Only (a) Executive Committee. The Board of Directors may those persons who will be serving terms in the succeeding delegate to the Executive Committee designated by it such year may nominate and vote in the election of officers. powers and authority of the Board in the management of Such elections shall be by written ballot only,by a majority the business and affairs of the Local under terms it shall vote of all Board members voting. The officers shall serve deem proper,except as restricted by law. for a terra of office to commence on January I following (b) Nominating Committee. The Board shall appoint a their election and continue for a period of one(I)year,or Nominating Committee which shall screen potential candi- until their successors are elected and qualified for office. dates for the Board who have filed an official declaration of Section 3. Resignation. An officer may resin at an candidacy as to their eligibility and qualifications. The g y y g y Committee shall then nominate not less than seven (7) time by giving written notice to the Board. Any such resig- candidates for the Board and shall notify the Board of such nation shall take effect at the date of the receipt of such nominations at its first regular or special meeting in the notice or at any later time specified therein; and unless month of October. otherwise specified therein, the acceptance of such resig- Candidates for member of the Board who have filed an nation shall not be necessary to make it effective. official declaration of candidacy but who have not been Section 4. President. (a) The President shall be the chief nominated by the Nominating Committee may also be executive officer of the Local and shall,subject to the con- nominated through a petition forms supplied by the Local trol of the Board, have general supervision, direction, and signed by not less than five hundred (500) member control of the business and affairs of the Local. The Presi- Local, no more than fifty (50) of which members s e dent shall preside at all meetings of the Board and shall be from any one unit of representation. Any such petition an ex-officio member of all committees.The President shall must be accompanied by an acceptance of the nomination have such other powers and duties as may be prescribed by by the individual named,and shall be filed with the General the Board of Directors or by the By-Laws. Manager of the Local not later than ten(10)calendar days —5— a11e•t the Itoai(1 of I)irc'ifous I `ved 11(dillcalion of tho (a) BY consent of ntenthers entilled to exercise• norttinations hoan the I IIt,�'onunillec. It shall be a majinity 'Ming power,or by file vote of'a Inajotity the duty of the Committee to screen such candidates for of a quorum at a+meeting of members duly called for the eligibility for Board membership and to notify the presi- purpose according to the Articles or By-Laws. dent of'such candidates for whom there have been presented (b) Except as provided in subdivision (c), by the Board, petitions which have been certified to by the Committee. subject to the power of the members to change or repeal . (c) Civil Rights Committee. The Board shall appoint a the By-Laws. Civil Rights Committee to assist such Board of Directors (c) A By-Law or By-Law Amendment fixing or changing in carrying out the Civil Rights programs and policies of the the authorized number of directors may be adopted only Service Employee International Union. by the members and may not be adopted by the Board of (d) Committee on Political Education. The Board shall Directors except where the Articles or By-Laws provide for appoint a Committee on Political Education to assist the an indefinite number of directors pursuant to subdivision Board in carrying out a program for sound political educa- (e) of Section 9300 of the California Corporations Code. tion and political action; and encouraging its members Section 3. Repeal of Former By-Laws.Upon the adoption and their families to register and vote. of these By-Laws,the By-Laws under which the Association ARTICLE IX has operated heretofore are repealed. Divisions ARTICLE XIV Section 1. Divisions. The Board of Directors by resolution Section 1. Roster of Members. The official roster of may provide for the establishment, staffing and regulation Represented, Regular,Contract,Service,Honorary and Life of Divisions of Local 660. members, maintained in the office of the General Manager Section 2. Division Rules: Divisions are subject to these of the Associatoin, shall constitute the membership book By-Laws, however,Divisions shall operate internally accord- of this corporation as provided by law. ing to rules adopted by the Board. Rules so adopted may be Section 2. Inspection of Corporate Records. The books of amended by a Division with the approval of the Board. account and the minutes of the Board of Directors shall be ARTICLE X open to inspection upon the written demand of any mem- Delegates to the ber, at any reasonable time for any purpose reasonably International Convention related to his interests as a member. Section 1. Delegates to the Service Employees Interna Section 3. Certificate of Membership. Certificates of tional Union Convention shall be selected in accordance membership may be, but shall not be required to be,issued witli the Constitution and By-Laws of the International and to the members of the Association. If such certificates are the Board of Directors shall make arrangements for the authorized by the Board,there shall be printed in clear type selection as required in such Constitution and By-Laws of upon the face thereof a statement that the Association is the International. not one for profit. Section 2. All officers shall be delegates to the Interna- Section 5. Inspection of By-Laws. The Association shall tional Convention. keep in its principal office for the transaction of business ARTICLE XI the original or a copy of the By-Laws as amended or other- Fiscal wise altered to date, which shall be open to inspection by Section 1. None of the net earnings of this corporation the members at all reasonable times during office hours. shall insure to the benefit of any member. Section 5. Politics, Propaganda and Legislation. It is the Section 2. Annual Audit. The Board of Directors shall desire of this Association to engage in politics,propaganda cause an audit to be made of the financial records of the and legislation when, in the opinion of the Board such Association at the close of each fiscal year,and shall desig- activity is in the general interest of the Local or its members. nate a qualified person or persons to make such audit,who Section 6. Recall. Any officer, director, or committee shall not be an employee of the Association office, or any member of this Local is hereby declared to be subject to person eligible to membership in the Association, and who recall for contumacious,disorderly or unbecoming conduct. shall be a certified public accountant or employed by a The Board shall adopt rules and regulations consistent with certified public accountant. The Board is empowered to the recall provisions in the Elections Code of the State of authorize the payment of a reasonable sum for such audit. California for Elected Officials of the Cities and Counties. A copy of an annual financial statement covering income A petition for the recall of the officer,director or committee and expense shall be sent to each director. person must be signed by not less than one thousand(1,000) Section 3. Withdrawal of Funds.The Board shall designate members of the Association, of which no more than fifty the persons whose signatures shall be required for the with- (50) shall be from any one unit of representation. Upon drawal of Association funds and shall prescribe the bond receipt of certification of such petition, the President must required of' each person so authorized, the premiums on call a special election of' the membership within thirty(30) said bonds to be paid by the Association. days_ ARTICLE XII Section 7. All lawful acts, resolutions, contracts, and General Manager negotiations in force at the time these By-Laws shall take Section 1. A General Manager may be employed by the effect are hereby;continued in force until Elie same shall Board of Directors. His duties, compensation and bond have been duly amended,repealed,or superseded. shall be prescribed by the Board, the premium of said Section 8. No employee of the Association, including the bond to be paid by the Association. General Manager,shall participate in any election of candi- ARTICLE XIII dates for the Board of Directors or Officers held under the Ratification and Amendment provisions of its By-Laws or under the provisions of the Section 1. Ratification. These By-Laws shall become Rules of any Division of the Association, other than to effective immediately upon adoption by the Board. perform ministerial acts. Section 2. Amendment. These By-Laws may be adopted, Section 9. No Officer, Director, Committee Member, amended or repealed by any of the following: General Manager or other paid employee of the Association —6— shall have any undisclosed I ` nferesl dhect of in- envelope n rposlntarkeil not l ler than ntirinil;hl, direct in :toy lirnt or ottanix:n, wish whom the Assiwia- Ikcenther_ �_. ,.... Ir) and tion is transacting business as buyer, seller or sponsor of received not later than December , 19_. products or services and no such person shall receive I The only way your vote will be counted is to return gratuities, compensation or any favor from such sources. your ballot by United States Postal Service,within a signed Each Officer, Director, Committee Member, General envelope. Manager or other paid employee of the Association shall make a full disclosure of all interests,financial or other, Canvass of the vote cast will begin at 5:30 lie either direct or indirect, he may have in any firm or organi- December 19— ,at zation with whom the Association is negotiating to transact (Location) , or is transacting business in any form whatsoever. Proce- and continue until finished. dures for making such disclosures shall be determined by the Board. Section 5. It shall be permissive to use equipment to per- mit ballots at elections to be marked and counted in Section 10.Any claim or defense of any kind against the conformance with the State Elections Code. Association or any agent, employee, officer, director or Section 6. Distribution of Ballots. Not less than ten (10) governing body thereof by any member of the Association, based upon or arising in connection with such membership nor more than fourteen(14)days prior to Election Day the or otherwise shall be barred unless asserted by such member Board of Directors shall mail by first-class mail, postage by the commencement of an action or the interposition of prepaid,to each member of the Association: a defense within six (6) months after any inaction or the (a) One ballot occurrence of any action or event to which claim or defense (b) One business reply envelope addressed to the Los relates. Angeles County Employees Association, SEIU Local 660, AFL-CIO, c/o. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE XV under first-class permit whereby the postage will be paid Elections by the Local. Section 1. Contract for Independent Count. The Board each year shall retain the services of a non-partisan agency (c) One envelope both the horizontal and vertical dimen- or firm which is able to provide those election services as sions of which are one-fourth of an inch less than the re- specified in this Article, including particularly but not by spective dimensions of the business reply envelope. Such way of limitation,a count of the ballots as herein provided. envelope shall have a gummed flap by which it can be sealed. Section 2. Election Day. As used in this Article,"Election Such mail shall be addressed to the member at his home Day" shall be that day set by the Board of Directors which address unless he designates otherwise. shall not be sooner than the first Monday of December or later than the second Monday of December of each Section. 7 Ballot Count.Within ten(10)days immediately calendar year. following Election Day, ballots shall be counted which: Section 3. Ballots. All ballots shall be printed on paper of (a) Are received from the U.S. Postal Service not uniform size, color and texture. Under the designation of than the close of business on the third day c "Board of Directors" or other position or positions to be there are postal deliveries following election day,and filled by general membership election, shall be listed all (b) Appear to be from a voting member in good standing candidates for such position or positions who have been of the Local duly nominated with a blank space for write-ins. Opposite each name and the blank space shall be a perforated square. Section S. Certification of Results.Not later than fourteen The number of positions to be filled by election shall be (14)days following Election Day,certification of the results stated. There shall also be on the ballot the text of, or a shall be delivered to the Board showing: summary of, each measure submitted with two spaces to (a) The total number of votes for each candidate. the right thereof, the upper one labeled Yes' and the lower one "No." (b) The total number of"Yes"votes and the total number Section 4. Ballot Instructions. On or accompanying each of"No"votes on each measure. ballot shall also appear instructions to voters reading Section 9. Results of Election. The Board shall declare substantially as follows: elected for the number of positions up for election that INSTRUCTIONS TO VOTERS number of persons receiving the highest numbers of all To vote for a candidate of your selection,punch out the _certified votes cast. perforated square to the right of the name of that candidate. Section 10. Disposal of Ballots. After certification of the- To heTo vote for a person not on the ballot, write his name results of the election, the voted ballots shall be delivered under the title of- the office in the blank space left for that to the Chairman of the Special Elections Committee. The purpose and punch out the perforated square to the right Chairman shall then determine that all ballots have been of the name of the candidate. To vote on any measure or placed in containers, sealed and stored in such a place as proposition, punch out the perforated square after the the Special Elections Committee deems appropriate. All word "Yes" or "No." such containers shall be stored unaltered for six(6)months December _ 19_ ,is Election Day- subsequent to the date of the certification of the results of You may vote any time after receiving your ballot, up to the election. If the election is not contested within said period of six (6) months, all ballots shall be destroyed by and including Election Day. After you have voted your direction ballot, seal it in the envelope provided for that purpose. Then enclose this sealed envelope containing your voted the contentiss being examined. the Special Elections Committee without TIN ballot in the return envelope addressed to the Los Angeles The Chairman of the Special Elections Committee st I County Employees Association, SEIU Local 660.AFL-CIO certify to the Board at its next regular meeting tha c/o . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . .Write ballots have been destroyed. your signature and address on the back of the return Section 11.Special elections shall be conducted in sub- envelope, and mail. No postage is necessary. Your return stantially the same manner as provided in this Article. —7— =A Section d: ' rtes. If, :it :►►ry election, two of. mute Section 1. Scope. 'I his nt ..►���lies to all electimis in candidates :n► cyual number of voles :►rnl because wliid► n►cn►bc►ti of, II►c Ilna►►( I)c}rutmcnl, nssocialiun, of uich tic v+, c, it is impossible In dcte►mihc which ct►ndi- Division, or any other group of' tliree or more persons date or candidates were elected to one or more positions, participate. such tie vote shall he determined as follows: Section 2. Plurality Elects. The candidate receiving a plur- (a) If the election is held at a meeting which has not ality of all votes cast for the position for which he is a adjourned when the result is ascertained, the members candidate shall be declared elected. Where two or more present, and entitled to vote at such meeting, shall hold a candidates are to be elected, those candidates equal in run-off election between the candidates who received the number to those to be elected receiving the highest number tie vote,provided that a quorum still remains. of votes,shall be declared elected. (b) In all other cases the Chairman of the Special Elections Section 3. Varying Terms. Where two or more candidates Committee of the Association forthwith shall summon the are to be elected to offices with terms of different lengths, candidates receiving the tie vote to appear at a time and the length of the term shall be determined by the number place to be designnated by him. The said Chairman at such of votes received. That candidate receiving the largest time and place shall determine the tie by lot. If the Chair- number of votes shall be declared elected to that office man of the Special Elections Committee of the Association having the longest term, that candidate receiving the least is, himself, one of the candidates receiving a tie vote,or for number of votes of those candidates elected shall be de- any other reason is unwilling or unable to serve, the vice- clared elected to that office having the shortest term, chairman of the said Special Elections Committee shall per- and in like manner, election to offices of terms of inter- form such duty as determining the tie vote in the same mediate length shall be determined. manner. i T j I —8— Public Service Art. I,Sec. 2 • (01.1tions which are italicized r . � to the Articles of , . Unit o. 1 �scnlatic)n Art. I,Sec.3 Incorporation;all ot1)ci ' the lly Laws) Dcicgates t li)tcrnatiunal Convention Art. X, Association See: Corporation, Sec. I,2 V Association Officers Directors—See: Board of Directors Authority to Execute Documents—Art.IV,Sec.9 Divisions . . . Bonding of—Art.VII,Sec.9 . Establishment of—Art. IX,Sec. 1 # 7 . . . Composition of--Art.VII,Sec. I . . Rules of--Art. IX,Sec.2 . . . Delegates to SEIU International Convention—Art.X, Dues—Art. Ill,Sec.9 Sec. 2 Elections--See also: Board of Director Elections . . . Election;term of—Art.VII,Sec.2 . . . Ballot Count-Art.XV,Sec. 7 . . . Powers;duties of—Art.VII,Secs.4-8 . . . Ballots--Art.XV,Sec.3 . . . Recall—Art.XIV,Sec.6 Ballots,Disposal of—Art.XV,Sec. 10 . . . Resignation of—Art VII,Sec.3 • . . Ballots,Distribution of—Art.XV,Sec.6 . . . Succession—Art.VII,Sec.6,7 . . . Certification of Results—Art.XV,Sec.8 . Undisclosed Financial Interests—Art. XIV, Sec. 9 • • • Contract for Independent Count—Art. XV, Sec. 1 Board of Directors . . . Director—Art. VI; See also: Board of Director . . . Absence From Board Meeting—Art.VI,Sec.3e Elections . . . Appointment by President—Art.VI,Sec.3f Election Day—Art.XV,Sec.2 Composition of Article V,Art..VI,Sec. 1 . . . Officer—Art.VII,Sec.2 . . . Election of Directors—See: Board of Director • . . Participation in,by Staff—Art.XIV,Sec.8 Elections . . . Plurality Elects—Art.XVI,Sec.2 . . Fixing or Changing Authorized Number of—Article V; • • Proxy,Vote by—Art.IV,Sec.3 Art.XIII,Sec.2c . . . Quorum—Art. IV,Sec.3 . . . Powers of—Art.VI,Sec.5 Special Elections—Art.XV,Sec. 11 . . . Recall of Director—Art.XIV,Sec.6 . . . Special Elections Committee—Art. VII, Sec. 4c . . Resignation from—Art.VI Sec.4 . . Tie Votes—Art.XVI,Sec.4 . . . Transfer of Director to Another Unit of Representa- Varying Terms—Art.XVI,Sec.3 tion-Art.VI,Sec.317 Employees of Union—See also: General Manager Undisclosed Financial Interests of Directors—Art. • • • Class of Membership—Art. 1II,Sec.4 XIV Sec.9 . . . Participation in Union Elections—Art. XIV, Sec. 8 . . . Vacancies on—Art.VI,Sec.3 • . • Undisclosed Financial Interests—Art. XIV, Sec. 9 Board of Director Elections—See also: Elections Executive Committee—See also:Committees . . . Nomination of Candidates—Arta VIII, Sec. lb • • • Powers of—Art.Vlll,Sec. la . Nomination by Petition—Art.VIII,Sec. lb Fiscal . . . Number to be elected, Term of—Art. VI, Sec. I • • . Annual Audit—Art.XI,Sec.2 . . . Qualifications—Art.VI,Sec. 2 . . . Assessments—Art. II1,Sec. 10 000 . Varying Terms-Art.XVI,Sec.3 . . Net Earnings—Art.XI,Sec. I Board of Director Meetings . . . Non-liability for Corporate Debts, Liabilitie . . . Location,Number of—Art.VI,Sec.6 Article VIII . . . Minutes of, Open to Inspection—Art. XIV, Sec. 2 • • • Surety Bonding of General Manager—Art.XII,Seo . . . Notice of—Art.VI,Sec.6 . . . Surety Bonding of Officers—Art.VII,Sec.9 . . . Order of Business—Art.VI,Sec.7 • • . Withdrawal of Funds—Art.XI,Sec.3 Parliamentary Procedure—Art.VI,Sec.8 General Manager By-Laws . . . Authority to Execute Documents—Art.1V,Sec.9 • . . Amendment, Ratification—Art. XIII, Sec. 1, 2 • • . Employment,Bonding of—Art. XII,Sec. 1 . . . Inspection of—Art.XIV,Sec.4 . . • Undisclosed Financial Interests—Art. XIV, Sec. 9 . . Repeal of Fonner By-Laws—Art. XIII, Sec. 3 General Membership Meeting Committees . . . Actions Taken by Members—Art.IV,Sec.4 . . . Chairpersons, Appointment of—Art. VII, Sec. 4d • . . Annual Meeting—Art. IV,Sec. 1 Nominating Committee, Appointment bf Chair- • • • Quorum—Art. IV,Sec.3 person—Art.VII,Sec.4d . . . Special Meeting—Art. IV,Sec. 2 Recall of Members of—Art.XfV,Sec.6 . . . Special Meeting,by Petition—Art.IV,Sec.2 . . Special Committees,Appointment of—Art.VII,Sec. Legal Action 4b . . . Claim, Defenses Against Association, Officers, . . . Special Elections Committee,Appointment of—Art. Directors,etc.—Art.XIV,Sec.9 VII,Sec.4c Meetings—See also: Board of Director Meetings; General - Standing Committees--Art. Vlll Membership Meeting . . . Undisclosed Financial Interests of Committee • • . Parliamentary Procedure--Art.VI,Sec. 8 Members--Art.XIV,Sec.9 Members Corporation . . . Admission, Discipline, Dismissal—Art. III, Sec. 12 . . . Annual Audit: See Fiscal . . . Certificates of Mernbership—Art. XIV, Sec. 3 . . . Corporate Powers—Article 111,.Sec. 3 . . . Classes of--Art. III,Secs. 1 -8 . . . Corporate Property,Title To—Article X . . . Meetings: See General Membership Meeting . . . Corporate Records, Inspection of-Art. XIV, Sec. 2 • • • Officiat Roster of—Art.XIV,Sec. 1 . . . Date of Incorporation; Incorporators—Article XI • • • Right to Appear Before Board of Directors or . . . Dissolution of—Article X General Membership Meeting—Art. 111, Sec. I I . . . Divisions of—Art. IX . . . Rights of--Art. III,Secs. 1-8 . . . Name of—Article I;Art. I,Sec. I Officers—See: Association Officers . . . Principal Office—Art. 11, Sec. 1 Politics,Propaganda &Legislation—Art.XIV,Sec.5 . . Principal Offices—Art. 11,Sec. 1 . Term oirExistence—ArtidelX Definitions Proxy Votes—See: Elections Recall--See: Elections . . . Board—Art. I,Sec..4 . . . Association—Art. Sec. 1 Shop Steward System—Art.V # P& M E M O R A N D U M •• e.C'. C/9/n -tij go u nc.t or- Fu mo, , w 14OLC T0: Murray S��zeT gycIT,rf s S� Lar1� t� 1-e ne[ o f ,0jWu ►0VS AK tMP0(LTr-kT 50" FROM: Larry McPherson p t 014 fL �P' f,4 N0) /"C0R ► � `l V 19''40 ma PT J/! tI SUBJECT: Resolution - Approval of FAU Cooperative Process �T44Asri It is recommended Council approve the attached Resolution concerning the City's participation in the cooperative project selection process for Federal Aid Urban funding FAU funds may be used for highway construction of select system roadways or for transit systems. It is projected that the City's share of FAU funds will be $73,920 per year over a four year period. The Resolution verifies that the City will participate in a FAU project selection committee to recommend priorities for projects over the life of the program. Cities may request an advance of funds to enable important projects to be completed prior to receiving each of the annual allocations. It is proposed that Atascadero request advanced funds for the repair and renovation of El Camino Real from West Mall to the south City Limits. The balance of the Resolution is self-explanatory. ENCE McPHERSON LM:vh att. 5-3-83 • RESOLUTION NO. 21-83 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING A COOPERATIVE PROCESS FOR DETERMINING PROJECT • PRIORITIES FOR FEDERAL AID URBAN FUNDING The Atascadero City Council resolves as follows: WHEREAS, the Congress of the United States has, in the Surface Trans- portation Assistance Act of 1982 declared it to be in the national interest for Federal funds to be expended for highway projects on the Federal Aid Urban System or to be "traded" for General Funds for capital improvements for rail or bus mass transit systems in urbanized areas: and WHEREAS, before Federal Aid will be made available for Urban System projects within these Urban Areas, a cooperative process for determining project priorities must be submitted to the State Department of Transportation for approval; and WHEREAS, the Federal Act requires that the cooperative process involve Cities, the County, the State, and any Transit Agency existing in any designated Urban Area; and WHEREAS, the Federal Aid Urban Project Review and Selection Committee developed a cooperative process for determining projects; and WHEREAS, the proposed cooperative process is in keeping with State and Federal guidelines. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero adopts the following cooperative process for establishing a four-year program of Federal Aid for Urban Systems. 1. The Federal Aid Urban Project Review and Selection Committee shall consist of one representative each of: City of E1 Paso de Robles —Municipal Services Dept. City of Morro Bay - Public Works Department City of San Luis Obispo - Community Development Dept. City of Arroyo Grande - Public Works Department City of Grover City - Public Works Department County of San Luis Obispo Engineering Department City of Atascadero - Public Works Department City of Pismo Beach - Public Works Department 2. Submission of requests for funds for a project on the Urban System will be made to the Federal Aid Urban Project Review and Selection Committee. The requests may be submitted by any of the participating agencies. • 3. The Committee will prepare a four-year program identifying State, Regional and Local Transportation Projects based on the following criteria where applicable: a. Compatability with adopted Circulation Elements of Local General Plans or Comprehensive Transportation Plans b. Volume capacity ratio c. Accident history d. Traffic relief to other streets or roads e. Funding capabilities (are agency matching funds available?) f. State of readiness (status of Plans and Specifications, availability of Right of Way, Environmental Review) g. Community desire and other political factors h. Consideration of the needs for projects on the State Highway system. i. Consideration of Regional and Local Transit Needs 4. The Committee will submit the recommended four-year program to each of the participating agencies for formal review and comments. 5. Upon program approval by each participating agency, San Luis Obispo County Engineering Department will submit the four'-year program to the State Department of Transportation for approval. On motion by Councilman and seconded by Councilman . the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ADOPTED: ATTEST: ROLFE NELSON, Mayor PATSY A. HESTER, Deputy City Clerk APPROVED AS TO FORM: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: *RYCity pager • M E M O R A N D U M TO: Murray FROM: Larry McPherson SUBJECT: Resolution Authorizing the Filing of a Claim for State Transit Assistance Funds Attached is a completed Resolution and related Claim for State Transit Assistance Funds for $26,536.00 for the current fiscal year. You will note that these funds will be used toward the El Camino Real overlay and the Street Striping Contract. These funds will assist in offsetting a reduction in SB-325 monies of $52,468 for fiscal year 82-83. It is recommended that City Council adopt the attached resolution • and include authority for the City Manager to sign all applicable claim forms. AWRENCE McPHERSON LM:vh 5-3-83 att. • RESOLUTION NO. 22-83 A RESOLUTION OF THE CITY OF ATASCADERO AUTHORIZING THE FILING OF A CLAIM FOR STATE TRANSIT ASSISTANCE FUNDS IN COMPLIANCE WITH THE TRANSPORTATION DEVELOPMENT ACT WHEREAS, Articles 4 and 8 of Chapter 4 of the Public Utilities Code, require claims for operating funds to be filed with the transportation planning agency by local transportation operators; and WHEREAS, the City of Atascadero is eligible for transportation funds as provided in Chapter 4 of the Public Utilities Code; and WHEREAS, the San Luis Obispo County and Cities Area Planning and Coordinating Council is designated transportation planning agency for San Luis Obispo County. NOW, THEREFORE, BE IT RESOLVED that the Council of Atascadero does hereby authorize the filing of a claim for State Transit Assistance funds in the amount of $26,536.00 for fiscal year 1982-83. The claim form is attached hereto marked Exhibit A and by reference thereof made a part hereof. On motion by Councilman and seconded by Councilman , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ROLFE NELSON, Mayor ATTEST: BARBARA NORRIS, City Clerk APPROVED AS TO FORM: ALLEN ,:GRIMES, City Attorney *APPROVED AS TO C NTENT: ur ay L Warden BRAY L. WARDEN, City Manager i CLAIM FOR STATE TRANSIT ASSISTANCE FUNDS (Claim Number) TO: San Luis Obispo County and Cities Area Planning and Coordinating Council County Government Center San Luis Obispo, CA. 93408 FROM: Claimant: City of Atascadero Address: 6500 Palma Avenue. P.O. Box 747 City: Atascadero. CA Zip Code: 93423 Contact Person: Larry McPherson Telephone No:466-Sono This claimant, qualified pursuant to Section 99203 of the Public Utilities Code, hereby requests, in accordance with Chapter 1400, Statutes of 1971, as amended ar applicable rules and regulations, that an allocation be made in the amount of $26,536.00 for the fiscal year 1982 - 198j to be drawn from the State Transit Assistance Fund of the San Luis Obispo County Area Council of Governments for the following purposes and in the following respective amounts aE described in the attached claim form. (Claimant) By: MURRAY L. WARDEN Title: CITY MANAGER Date: Approved by San Luis Obispo County and Cities Area Planning and Coordinating Council: By: Title: Date: SLOCOG-TDA-3/83 mss H STATE TRANSIT ASSISTANCE (STA) CLAIM FORM Briefly describe all proposed projects and indicate proposed expen- ditures for the ensuing fiscal year. Project Title and Brief Description Purpose*(see item 2 below) Amount # 1 Asphalt Overlay for South El Camino Real (Article 8) Section 99400(a) 21,024.00 2 Street Striping Contract (Article 8) Section 99400(a) 5,512.00 l� 1)' Total claim for STA Funds $ 26,536.00 2) Identify purpose for claim (circle where applicable) a. Operator Revenues (PUC Section 99314) $ b. Entity Apportionment. The operating cost of the operator's public transportation system (CAC, Sectior 6730a) . $ The capital requirements of the operator's public transportation system (CAC, Section 6730b) . $ Payment to an entity under contract with the city or county (CAC, Section 6731b) . $ Streets and Roads purposes $ * Identify appropriate Article and Section of the Act. ms6H SAN LUIS OBISPO COUNTY AND CITIES AREA PLANNING AND COORDINATING COUNCIL REQUIREMENTS FOR SUBMITTAL OF A STATE TRANSIT ASSISTANCE FUND CLAIM Claimant City of Atascadero Fiscal Year: 1982-83 Amount: $ 26,536.00 Information to be submitted for all claims: 1. Signed Application 2. Certified copy of a resolution or minute order authorizing a claim and approving basic purposes for which it is filed (required attachment) 3. Amount Requested $ 26,536.00 Streets and Roads 26,536.00 Transit: Operating Capital 4. Supporting Financial statements. A claimant shall accompany its claim with the following statements signed by the Chief financial officer (CAC, Section 6734) a. budget of proposed expenditures b. estimate of the amount of the claimants maximum eligibility for funding. $ Streets and Roads (per Area Council appropriation) $ Transit: (Cannot exceed actual operating costs less fare revenues and local support (CAC Sections 6634 and 6754a4) . Statement and estimate are required. 5. Expenditures are in conformity with Regional Transportation Plan (Statement required, CAC Section 6754a1) Additional information to be submitted for proposed transit expenditures. 6. The level of passenger fares and charges is sufficient to meet fare revenue requirements. (PUC, Sec. 99268.2, .3, .4, .5 and .9) . Statement required. a. identify required fare revenue ratio b. identify present fare revenue ratio 7. Claimant is making full use of federal funds available under the Urban Mass Transportation Act for transportation purposes. (CAC, Sec. 6754,a,3) . Statement required. i 0 8. A reasonable effort has been made to implement the Productivity improvements recommended in the Performance Audit and/or recommended by the Productivity Committee (PUC, Sec. 99244) . If. applicable, Statement is required as to the specific improvements recommended and the efforts made to implement those recommendations. 9. The entity is not precluded by any contract entered on or after June 28, 1979, from employing part-time drivers or from contracting with common carries of persons operating under a franchise or license (statement required by all transit operators) . 10. Annual Report of transit operations has been submitted to the RTPA and the State Controller (CAC, Section 6733) . ms7H r San Luis Obis* County and CiesArroAtascaderoyo Grande Grover City Morro Bay Area Planning and Coordinating Council Paso Robles Pismo Beach San Luis Obispo MEW Son Luis Obispo County March 9, 1983 Larry McPherson, Public Works Director City of Atascadero P. 0. Box 747 Atascadero, California 93422 Dear Mr. McPherson: SUBJECT: CLAIMS FOR STATE TRANSIT ASSISTANCE FUNDS FOR FISCAL YEAR 1982/83 As you are aware, the State Transit Assistance (STA) program has been funded for two additional years with several modifications, at both the state and regional levels. This letter is to inform you of the changes and to solicit your application for funds. BACKGROUND State Transit Assistance (STA) funds are derived from a portion of the retail sales tax. These funds, created because of the large amount of sales tax on gasoline collected, are programmed for transportation pur- poses rather than placed in the state general fund. Originally created in 1979, the new legislation (SB-1335/AB-2551) has made several signi- ficant changes. These are: 1. In prior years, STA funds were allocated one-half by total population and one-half by urbanized population. Beginning in 1982/83, 70% of the funds are to be allocated by population, and 30% of the funds are to be allocated based upon the revenues received by transit operators for the prior fiscal year. The funds allocated to regional entities (including the Area Council) , on the basis of operator revenues, are to be allocated by the regional entities to the operators on the same basis (see Section 3 below) . 2. The total statewide allocation estimate as of February 21, 19839 for fiscal year 1982/83 has been reduced from $90 million to $70 million dollars. During 1981/82 total allocation for California was $65,212,234. For San Luis Obispo County, the allocation increases from $214,137 (FY 1981/82) to _a projected $333,970 (FY 1982/83) . This latter projection is a reduction from the $430,134 estimate provided in the August 2, 1982 notification. County Government Center, San Luis Obispo, Ca. 93408, (805) 549-5710 Larry McPherson _ March 9, 1983 - Page 2 3. Four transit "operators" (as identified by the most current State Controller Annual Report) get an "off-the-top" apportionment; these entities and their revised estimates are: ORIGINAL REVISED FY 82/83 FY 82/83 FY 83/84 ESTIMATE ESTIMATE ESTIMATE City of Atascadero $ 674 $ 519 $ 556 City of Morro Bay 1,994 1,534 1,644 North Coastal Transit 7,619 5,866 6,285 SCAT 6,105 12,616 13,520 These funds are based on the systems' share of the statewide transit revenue (including a basic minimum) . There is still a requirement to maintain the same level of support from Transportation Development Act Funds as existed in the prior years. Staff is continuing to work with the state to obtain funds for the Regional Handicapped System. An update will be provided in the future. 4. The remaining funds ($321,352) are available for the Area Council to distribute to the county and cities for transit 4nd streets and roads. This allocation has been reduced from the original August 2, 1982 estimate of $413,742 from which the STA funds were apportioned to all entities. On January 6, 1983 the Area Council adopted an STA apportionment distributing these funds to all agencies on the basis of population and reserving $86,700 for the South County Area Transit System. This apportionment has been revised to reflect the recent decrease in estimated funding. The revised apportionment and applicable claim forms are attached. CLAIM SUBMITTAL Your agency is eligible to claim the amount as specified in the revised apportionment shown in Attachment A. You must submit a claim (attached) , and comply with all the findings required by the State Transit Assistance Program to receive these funds. The attachment identifies the type of information required to be submitted to allow claim processing and approval. All claims must be accompanied by statements referencing items 1-5. Recent fiscal audits have specifically noted that eligibility for funding must be established in accordance with California Administrative Code, Section 6634. Specifically this means submittal of documentation verifying maximum eligibility of STA funds. For transit purposes this requires submittal of a calculation identifying total projected operating expenditures less anticipated fares and local transportation fund contributions. STA Larry McPherson March 9, 1983 Page 3 funds can be used for the balance of funding. For streets and roads purposes the maximum eligible funds is equivalent to the entity's STA apportionment. All transit claims must also be accompanied by statements to satisfy items 6-9. This documentation is required for the Area Council to make the specific findings required for fund disbursement by CAC, Section 6754. The California Administrative Code requires all State Transit Assistance funds that have been allocated be spent during the subject fiscal year or the funds be returned to the Area Council for distribution to the entity during the next fiscal year. If there are any questions or problems, please contact Vic Kamhi or myself at 549-5710. Sincerely, p (3(•fly RONALD L. DeCARLI Administrative Planner Attachments RLD/msH2 ATTACHMENT A REVISED S 1982/83 STATE TRANSIT ASSISTANCE FUND APPORTIONMENTS FOR THE SAN LUIS OBISPO REGION On January 6, 1983, the San Luis Obispo County and Cities Area Planning and Coordinating Council apportioned available State Transit Assistance funds to the designated elgible claimants in accordance with the Trans- portation Development Act Statutes and the California Administrative Code. This apportionment has been revised based upon new estimates received from the state. Section 99314 "Operator" Allocations: -City of Atascadero 519 -Morro Bay 1,534 -North Coastal Transit 5,866 -SCAT 4,699 Total operator Allocations $ 12,618 Estimated funds for apportionment. - Fund Balance �} - Interest (estimate) $ 6,000 - Reimbursement Unused STA 4,617 - 1st quarter allocation 107,418 Remaining est. allocation (PUC Section 99313) 213,934 Subtotal $331,969 Less Funds reserved for SCAT (86,700) TOTAL STA FUNDS AVAILABLE FOR APPORTIONMENT (rounded to nearest 100) $245,300 ENTITY POPULATION % OF TOTAL APPORTIONMENT 1/6/83 3/8/83 Arroyo Grande 12,080 7.24 24,450 17,760 Atascadero 17,373 10.41 35, 150 26,536 Grover City 9,152 5.48 18,500 13,442 Morro Bay 9,398 5.63 19,010 13,812 Paso Robles 10,704 6.41 21 ,650 15,724 Pismo Beach 5,528 3.31 11, 180 8, 119 San Luis Obispo 35,545 21.29 71,900 52,225 SLO County 67, 181 40.23 135,860 98,684 TOTALS 166,961 100.00 337,700 245,300 Note: Population is that used in the 1982/83 fund apportionment pursuant to Area Council directive. 48E , - • i i fffff�1��� ----- -- ----U�.�. _sem.-----------� � ,---� -�-- - - --- - -t-- _ f --- _M_E_M O_R A_N_D_U_M • TO: City Council -- i FROM: City Manager SUBJECT: Area Council annual ratification of Joint Powers Agree- ment DATE: May 3, 1983 This is the annual ratification of our Area Planning Coun- cil' s Joint Powers Agreement. I don' t see any changes unless you have some. If you do, then you should discuss them at tonight' s meeting. If you do not, then I recommend your approval in adopt- ing, by motion, approval of the ratification of the Joint Powers Agreement between the Cities and County of San Luis Obispo County for the functioning of the Area Planning Coordinating Council. • ;M%RAY7. WARDEN MLW:ad • San Luis Obis O Count and A-ies Arroyo Grande YAtascadero Grover City Morro Bay Area Planning and Coordinating Council Paso R( );!,7!:3Pismo BE_ :, San Luis Obispo San Luis Obispo County April 12, 1983 __ .... J33 City Administrator � P.O. Box 747 Atascadero, CA 93422 - Dear Sir: Subject: Annual Ratification of Joint Powers Agreement Enclosed for your information is the Joint Powers Agreement creating the San Luis Obispo County Area Council of Governments. Section 6 of Article IV (Membership) of the Joint Powers Agreement provides that said agreement ". . .shall be contingent upon the execution of this Joint Powers Agreement and subsequent annual ratification." The Joint Powers Agreement has been amended to delete portion "a" of Item 2, Section VII - Staff. This portion recommended for deletion required the Secretary of the Area Council to file an official bond in the amount of $1,000 or such additional amount as may be determined by the Area Council. The County Administrative Office has indicated the Director of the County Planning Department who also serves as the Executive Secretary of the Area Council is covered under the county self insurance program. Any additional bonding is a duplicative cost and is unwarranted. Accordingly, the City Council is respectfully requested to take the required action by Resolution or such manner as you deem appropriate, to ratify the Agreement. Please forward a copy of your action to the Area Council Office. Thank you for your prompt consideration of this item. Sincerely, PAUL C. CRAWFO , AICP Executive Secretary Sb Enclosure County Government Center, San Luis Obispo, Ca. 93408, (805) 549-5710 0 JOINT POWERS AGREEMENT SAN LUIS OBISPO COUNTY AND CITIES AREA PLANNING COORDINATING COUNCIL THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of January, 1976, and amended November 4, 1982 by and among such of the incor- porated cities of Arroyo Grande, Atascadero, E1 Paso de Robles, Grover City, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the State of California and located within the boundaries of the County of San Luis Obispo, California, as may execute this Agreement, hereinafter called "CITIES," and the County of San Luis Obispo, a body politic and corporate and a subdivision of the State of California, hereinafter called "COUNTY," as follows: WHEREAS, Section 6500, et seq. , of the California Government Code (Title 1, Division 7, Chapter 5, Article 1) provides for agreements between two or more public agencies to jointly .exercise any power common to the contracting parties, subject to certain mandatory provisions contained therein; and WHEREAS, the City of San Luis Obispo by virtue of its charter, and the other incorporated cities in the County, parties hereto, by virtue of Sections 65600 through 65604, inclusive, of the California Government Code have the joint and mutual power to create an area planning commission, herein designated "San Luis Obispo County and Cities Area Planning Coordinating Council. WHEREAS, COUNTY AND CITIES did, in 1968, jointly execute an agreement establishing such a planning council and now wish to amend and supersede the same; and WHEREAS, Section 29532, California Government Code, provides that such a Planning and Coordinating Council shall be designated the regional transpor- tation planning agency to act in matters of transit and transportation planning; and JOINT POWERS AGREMENT Page 2 WHEREAS, it is desirable that a single agency be created by and with the consent of CITIES and COUNTY to advise, plan for, and suggest solutions to common problems; assist in the preparation of plans and programs by utilizing planning talents and general plans of the various governmental jurisdictions in the County and of experts in various other fields and to coordinate their efforts; and WHEREAS, creation of such an agency and action by it upon certain plans and programs is necessary to comply with requirements of federal and state legis- lation in order to participate in the allocation and disbursement of state and federal funds which may be desired by COUNTY and CITIES in the implementation of plans and programs which have been approved by their respective governing bodies. NOW, THEREFORE, it is agreed as follows: I. PURPOSE The San Luis Obispo County and Cities Area Planning Coordinating Council is organized for the permanent establishment of a forum for planning, discussion and study of area-wide problems of mutual interest and concern to COUNTY and to CITIES; for the development of studies and adoption of regional plans; to serve as a regional agency for certain federal and state programs; and for other actions commensurate with the desires of the member governments. II. POWERS The San Luis Obispo County and Cities Area Planning Coordinating Council hereinafter called "Area Council," is hereby created as a voluntary agency pursuant to applicable provisions of the California Government Code with the power to carry out the purposes hereinabove stated and to implement the annual JOINT POWERS AGREMENT Page 3 work program approved by COUNTY and CITIES, including the power to contract for goods and services; to provide for employment of necessary personnel, experts and consultants; to accept gifts, loans, grants; and to administer the affairs of the Area Council hereby created in accordance with this Agreement. Pursuant to Section 6508.1, California Government Code, it is hereby declared by COUNTY and CITIES that the debts, liabilities and obligations of the Area Council shall not be the debts, liabilities and obligations of any of the parties to this Agreement, except as otherwise provided herein. III. NAME The official name of the organization hereby created shall be the "San Luis Obispo County and Cities Planning Coordinating Council. IV. MEMBERSHIP I. Membership in the Area Council shall be voluntary, but 'only the County of San Luis Obispo and all cities incorporated in the County of San Luis Obispo presently or in the future, are declared eligible for membership in the Area Council. 2. Representatives of the COUNTY and CITIES shall be appointed to serve on the Area Council in accordance with procedures established by each of the governing bodies of the member agencies. Representatives to the Area Council shall consist of the five members of the Board of Supervisors of the County of San Luis Obispo from time to time in office and of one additional member from the governing body of each incorporated city within the boundaries of the County of San Luis Obispo which is a party to this Agreement, with each incorporated area being limited to one representative. Representatives shall serve so long as they hold office with their member agency or until they shall resign or be JOINT POWERS AGREMENT Page 4 removed by a majority vote of their respective governing bodies. Vacancies among representatives shall be filled in the same manner as the first i appointment. 3. Member agencies may elect to have an alternate member in addition to any official member, but said alternate shall be able to vote only in the absence of the official representative. 4. Designation of the official representative or alternate, or changes thereto, shall be transmitted in writing to the Secretary of the Area Council by the appointing city or the county. 5. In addition to the incorporated cities presently a party to this Agreement, any other city which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and which may desire to participate in the activities of the Area Council may do so by executing this Agreement without prior approval or ratification of the named parties to this Agreement and shall thereafter be governed by all the. terms and provisions of this Agreement as of the date of execution. 6. Membership shall be contingent upon the execution of this Joint Powers Agreement and subsequent annual ratification. V. OPERATION 1. The powers of the Area Council are advisory to the member agencies which execute this Agreement except for those actions mandated by state or federal law for the processing of applications submitted by any of the member agencies for federal and state grants or'funds which require action by the Area Council. Nothing herein shall be construed to limit in any manner the power of any of the parties to initiate and complete a local project within their respective jurisdictions with their own funds. It is understood, however, that JOINT POWERS AGREMENT . Page 5 the recommendations of the Area Council may have the effect of precluding any favorable action by an agency of the state of federal government in support of such a project if other than local financing is sought, as determined by the respective state or federal agency under law, regulations and policies applic- able to them. 2. Except as otherwise provided herein, there shall be no costs incurred by Area Council pursuant hereto, other than expenses of its members, which are to be borne by their respective entities, and the cost of services by the officers and personnel of the respective entities to said Area Council, upon approval of such services by the governing bodies hereof, shall likewise be borne by the respective entities. All costs incurred by Area Council performing functions as the regional transportation agency for San Luis Obispo County as designated by the State shall be paid out of the transportation fund established pursuant to Section 29530, et seq. , Government Code asP rovided for therein. 3. Costs of Area Council for each fiscal year which are necessary for the ordinary operation of the Area Council, including but not limited to office space, furniture, supplies and postage; and excepting those functions performed as the regional transportation agency, shall be borne by COUNTY' in an amount approved by the Board of Supervisors in the annual county budget. Extraordinary costs as recommended by the Area Council shall be borne by contributions from the member entities as approved by their governing bodies. Costs of all activities undertaken by Area Council as the regional trans- portation planning agency shall be set forth in the budget as part of the annual work program of Area Council and shall be funded from the transportation fund pursuant to applicable state statutes. JOINT POWERS AGREMENT , Page 6 4. The annual work program and budget, when adopted shall be the basis for operation of Area Council for the fiscal year. Any deviation from the work program affecting the budget shall be returned to the member agencies for approval. 5. For purposes of conducting business, there shall be present a quorum consisting of a majority of representatives, including two COUNTY represen- tatives. No action shall be effective without the affirmative votes of a majority of representatives. However, eight (8) affirmative votes shall be required for taking any action in the event any agency demands such a vote. The representatives to the Area Council shall adopt such procedures as are con- sistent with this Agreement and necessary to conduct the business of Area Council in an orderly manner. VI. OFFICERS 1. The officers of the Area Council shall consist of a President and Vice-President elected for a term of one year by a majority vote of member agency representatives to the Area Council. 2. Both the President and Vice-President of Area Council shall be elected at the May meeting (annual meeting) . 3. The officers shall serve until their successors are elected. 4. The duties of the officers shall be as follows: a. President 1) Shall preside over all meetings of the Area Council as Chairman. 2) Shall appoint all standing committees. 3) Shall exercise general supervision over all activities of said Area Council. JOINT POWERS AGREMENT Page 7 4) Shall be an ex-officio member of all committees. 5) Shall execute all contracts and legal documents on behalf of the Area Council. b. Vice-President 1) Shall serve as Chairman pro-tempor in the absence of the President. 2) Shall give whatever aid necessary to the President in administering of the Area Council. 3) Shall be an ex-officio member of all committees. 5. In the event of a vacancy occurring in the office of either the President or Vice-President upon said offier's death, resignation, removal or his ceasing to be an official representative of a member city of the County of San Luis Obispo, such vacancy will be filled by majority vote of the Area Council, the officer elected to serve for the balance of the unexpired term. VII. STAFF 1. The Area Council shall appoint a Secretary to serve at its pleasure, who will perform the following duties and such others as may be assigned by Area Council. a. Prepare and submit the annual work program and budget to the Area Council for its approval and to the parties hereto for ratifi- cation. b. Shall keep an accurate account and file of all meetings. C. Shall disburse all funds in accordance with the policies of the County-Treasurer and the County Auditor/Controller and the budget and work program adopted by the Area Council. _ y.' JOINT POWERS AGREMENT • Page 8 d. Shall have charge of all correspondence. e. Shall keep and maintain the reports of the Area Council on all committees. f. Shall insure that Area Council renders a written year end report reflecting activities of the preceding fiscal year, said year end report to be distributed to each of the participating member bodies. g. Shall be responsible for directing those employees authorized by the Area Council in the budget. Employees are to be appointed by the Area Council on the recommendation of the Secretary and to serve at the pleasure of the Area Council. 2. The Secretary of the Area Council shall have charge of, handle and have access to any property of the San Luis Obispo County Area Council of Governments. VIII. MEETINGS 1. Regular meetings of the Area Council shall be held at least six (6) times a year or at more frequent intervals as approved by the Area Council. 2. Special meetings may be called by the President or upon written request of at least three (3) representatives of the Area Council. Actual notice of special meetings must be given at least three (3) business days inadvance. 3. Meetings shall be open to the public as required by state law. 4. Regular meetings shall be held in the first week of January, March, May, July, September and November. The May meeting shall be designated the "annual meeting." JOINT POWERS AGREMENT . Page 9 5. The Secretary of the Area Council will direct the publication of notices of all meetings pursuant to state law. 6. Only official representatives or alternates shall represent a member of the Area Council or vote on any motion before the Area Council. 7. The meeting agenda shall be prepared by the Secretary to the Area Council. Agenda material shall be submitted to the Secretary at least twenty-one (21) calendar days prior to the next regular meeting and distributed to members at least fourteen (14) calendar days prior to the next regular meeting to allow member agencies to instruct their representatives on voting direction. Unless authorized by majority vote of the representatives at a regular meeting, only agenda items shall be considered by the Area Council. 8. The Area Council, at the discretion of the President, may memorialize any of its actions by resolution. 9. Robert's Rules of Order or such other rules as the Area Council may adopt will govern all proceedings not specifically provided for herein. 10. Executive sessions shall be held in accordance with applicable law. 11. The Area Council shall hold public hearings for the adoption of Regional Plans. 12. Minutes of all Area Council meetings shall be kept by the Secretary to the Area Council and shall be submitted to member agencies. IX. COMMITTEES 1. Committees and subcommittees may be established as the Area Council may deem appropriate. 2. Membership on committees shall be at the discretion of the President. Nothing herein shall be construed to limit membership on these aforesaid committees to officials of the member agencies. The President may appoint any JOINT POWERS AGREMENT • Page 10 individual deemed qualified to serve on a committee. Standing committees shall include the Administration Committee, comprised of all managers and adminis- trators of member jurisdictions; the Legal Committee, comprised of all city and designated county attorneys; the Planning Committee, comprised of all agency planning officials nominated by their respective agencies; the Public Works Committee, comprised of all agency engineering officials nominated by their respective agencies; and the Transportation Committee. The Area Council may organize such other technical advisory committees as it deems necessary to carry out Area Council functions. 3. No committee shall commit the Area Council on any matter or questions of policy. Such matters or questions can only be decided by the Area Council. 4. All committees shall receive clerical assistance from the Area Council staff for the purpose of maintaining minutes of meetings and other such duties as the Secretary may direct. The chairman of each committee shall sign the original copy of the minutes indicating his verification of contents. Copies of minutes of all meetings shall be sent to members of the Area Council and the Secretary. X. FINANCE I. The Area Council shall have no power to expend funds on any project for which funds have not been budgeted, nor on any item in excess of the budgeted amount without specific approval of two-thirds of the governing bodies of the member agencies including COUNTY. 2. The Treasurer of the County of San Luis Obispo is designated the depositary, and he shall have custody of all money of the Area Council from whatever source received. It is further understood that the Auditor/Controller of the County of San Luis Obispo is, as such, auditor of the Area Council. JOINT POWERS AGREMENT 0 S Page 11 XI. WITHDRAWAL AND DISSOLUTION 1. The parties to this Agreement pledge full cooperation and agree to assign representatives to serve as official members of the Area Council or any committee or subcommittee thereof who shall act for and on behalf of their city or county in any or all matters which shall come before the Area Council, subject to any necessary approval of their acts by the governing bodies of CITIES and COUNTY. 2. Any party to this Agreement may withdraw from the San Luis Obispo County and Cities Area Planning Coordinating Council and terminate its participation in this Agreement by resolution of its governing body. The withdrawal of the member shall have no effect on the continuance of this Agreement among the remaining members and the Agreement shall remain in full force and effect as respects the remaining members. 3. A member withdrawing shall not be liable for the3'm a ent of further P contributions falling due beyond the date of withdrawal and shall have no right to reimbursement of any monies previously paid to Area Council, provided, however, that Area Council may authorize a reimbursement if in its judgment such reimbursement is fair and equitable and can be done without jeopardy to the operation of the Area Council. If any party hereto fails to pay its contri- bution, as determined by Area Council, said entity shall be deemed to have voluntarily withdrawn from the Area Council. 4. Area Council may be dissolved at any time and this Agreement rescinded by a joint agreement executed by COUNTY and CITIES which are parties hereto. Said rescision Agreement shall provide for the orderly payment of all outstanding debts and obligations and for the return of any surplus funds of Area Council in proportion to the contributions made. JOINT POWERS AGREMENT • . Page 12 XII. EFFECTIVITY This Agreement shall take effect upon its execution by the chairman or mayor and clerks of the governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant to resolutions of such governing bodies authorizing such execution and shall remain in full force and effect until dissolved pursuant to the provisions herein. This Agreement may be executed in . eight (8) counterparts which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. 19B JOINT POWERSI AGREMENT , Page 13 DINT POWERS AGREEMENT CITY OF ARROYO GRANDE By: Date: Mayor Resolution No. Clerk CITY OF ATASCADEAO By: Date: Mayor Resolution No. Clerk CITY OF GROVER CITY By: Date: Mayor Resolution No. Clerk ISTY OF MORRO BAY By: Date: Mayor Resolution No. Clerk CITY OF PASO ROBLES By: Date: Mayor Resolution No. Clerk CITY OF PISMO BEACH By: Date: Mayor Resolution No. Clerk CITY OF SAN LUIS OBISPO By: Date: Mayor i Resolution No. Clerk tl JOINT POWERS AGREMENT Page 14 COUNTY OF SAN LUIS OBISPO By: Date: Chairman Resolution No. Clerk 19B . M E M O R A N D U M TO: CITY MANAGER May 3, 1983 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE TRACT MAP AT 830307 :1 LOCATION: 7350 E1 Camino Real (Lot 12, Block TA) APPLICANT: Wallace E. Dunn (Associated Professions) REQUEST: To create an eight unit air-space commercial condominium. On May 2, 1983, the Planning Commission conducted a public hearing on the subject matter unanimously approving (with Commissioners Sherer and Carroll absent) the tract map subject to Conditions 1-5 as listed in the attached Staff Report. There was only brief discussion among • the Commission on this matter . Wally Dunn, applicant, appeared and expressed his agreement with the Staff recommendation. No one else appeared on the matter. . 4ou Aww &44*f�� LAWRENCE STEVENS MU RAY . WARDEN Planning Director City M nager Ps • F Fn- _ CITY OF ATASCADERO roux... C rG .co•'aum • 191$ ' ° 1979 Planning Department May 2, 1983 STAFF REPORT i SUBJECT: TENTATIVE TRACT MAP AT 830307 :1 LOCATION: 7350 E1 Camino Real (Lot 12, Block TA) APPLICANT: Wallace E. Dunn (Associated Professions) REQUEST: To create an eight unit air-space commercial condominium. BACKGROUND 1. Existing zoning: C-2-D(518) requiring a Departmental Review. (Departmental Review R820908 :1 has previously been approved for this site. ) 2. General Plan: Heavy Commercial 3. Environmental Determination: The subdivision application is exempt from the requirements of the California Environmental • Quality Act (CEQA) (Class 1) . 4. Site Conditions: The property is generally level and is currently undeveloped. Vegetation consists of natural grasses. The site fronts on El Camino Real and is bounded on the west by Highway 101. The neighboring land uses are Bob' s Big Boy Restaurant to the north and the Nimmo office building to the south. Other sur- rounding land uses are also commercial. 5. Project Description: The applicant is requesting creation of eight air-space commercial condominium units (office and retail uses) for the purpose of individual sales. The applicant intends to form an association of unit owners and prepare CC&Rs for the purpose of governing the use and maintenance of the common area around the units. STAFF COMMENTS On Thursday, April 7 , 1983 the Subdivision Review Board met with the applicant, Wallace Dunn, to discuss the project. Also attending were: Larry Stevens, Planning Director ; Mike Hicks, Fire Chief; Wayne La- Prade, Planning Commissioner; Patsy West, Senior Engineering Techni- cian; Kami Griffin and Greg Fuz, Planning Interns; and Fred Buss, Associate Planner . The following items were discussed: Tentative Tract Map 00830307 :1 (Dunn) 0 1. Street improvements will be required before the building can be finaled or before the Final Map is recorded, whichever occurs first. 2. All conditions of approval for the previously approved Departmen- tal Review will still apply. FINDINGS 1. The application is exempt from the requirements of C.E.Q.A. 2. The application conforms to all of the applicable zoning and sub- division regulations and is consistent with the 1980 Atascadero General Plan. RECOMMENDATION Based upon the above Findings, the Planning Department recommends ap- proval of Tentative Tract Map AT 830307 :1 subject to the following conditions: 1. The applicant shall establish Covenants, Conditions and Restric- tions (CC&Rs) for the regulation of land use, control of nuisances and architectural control of all buildings. a. These CC&Rs shall be submitted for review and approval by the City Attorney and Planning Department prior to approval of the Final Map. b. These CC&Rs shall be administered by a Condominium Homeowners Association. 2. All conditions of approval herein specified and any public im- provements required by Departmental Review 8820908 :1 are to be complied with prior to the filing of the Final Map. 3. Approval of this Tentative Tract Map shall expire two years from the date of this approval unless an extension of time is granted pursuant to a written request prior to the expiration date. 4. A Final Map in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and City Subdivision Ordinances prior to recordation. a. Monuments shall be set at all property corners and a Regis- tered Civil Engineer or Licensed Land Surveyor shall submit a letter certifying that the monuments have been set prior to recordation, unless certification is received that corners are already monumented. 2 Tentative Tract Mapw 830307 :1 (Dunn) 0 b. A final title policy (CLTA or ALTA) shall be submitted for review in conjunction with the processing of the Final Map. 5. All development on this site shall conform to the conditions of previously approved Departmental Review R820908 :1. ACTION The Planning Commission should, by motion, direct Staff as deemed appropriately. REPORT PREPARED BY: ° FRED USS Associate Planner REPORT APPROVED BY: aN*4 / W LAWRENCE STEVENS Planning Director Ps 3 116 t 5 \ \l3�45t5 4 3 4 7 3r� vv I It '�( `,1' V t i X11 /9 ` 4 10 Ig'�+16ty 25 1 t2 4 2 / 1,17 1 7 I { 2 59 4y 1 1 1 i 1 57 ` \ 60 b6 ! JO 42 8 12 t D 75 2 39 T i a 1 14 --0, 3 ' ~� N 64 � ..._ a 10, 2 � 2 63 IV 1 a 901�id t1� 7 iJA� Z �� LG 13 10 1 223 16 i5 \ 29 . 2 }� 14113 12 it t0 .2 g2+ 12. 4 4 6 '6� 7 6 \ e g 7 6 IS 3 a tl9l y.i, t�.?� µ A 7 6 61� 1133 1 9 7 61 4 l - 9 7 60 61B 2i D� ` rb _ 2' �^' 3 22 - � t I � V2 73l 1 i8 l I 1 I 14 2 11 10 22 14 3. 11109i8/7� / G WA Y �` 6 5 41 13 2'- 12- p 13 i I{ 6 1 03l 32 34 $4 IB 3 C7 4 17 10 I ! 9 ,8 + 6 3 f 2, 29 2 t 25 14 2 g 16 15 y /� ��Y/1/� I A Q' 728 3 g 3 1 1 g 8 2 t 4 V /,J,"`-§' q 14Id 2�i Z6 4 2 1 12 15 43� t 2 i JJ � ,. V IO 7 6 b .<''i � 1 2J 22 24 g, 8�� 2 Es 9 1 2 13 I t I 15 7 0 3 lo{s '%1 19 a lo, 41 7 r IO 16 / 8 ° ^3 3 P /lei�tl 25.. of 17 { 17 ? 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C' Go jj/ � t5r s /555 5 / '61 62 63 Ei ��, sc\6n 7d? 2 73soL�s1C19N tiNC QE 9L - Il <' 45 AT 43 65 8 8 7� 8 /$0 1( L6T 42 ULOclL 7/-q 18 V� O 48 4 146 42 7 4 / -+ 54 �� 7 9 9 41... 10 n A 6 5 1 g° Il 6 7 o C ' • s moi.rfir•:3� • ►j,f � r Jj'� • 7 , • p I ti •i . c sz � �lr � �I . t ` YNV q I � a tAj 1� 1UJ iaa ' �t rN r% Atd n � a r m Y .y a� N y �' r�,T•• R n rh � 4 • M E M O R A N D U M TO: CITY MANAGER May 3, 1983 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE TRACT MAP AT 810806 :1 LOCATION: 7320 Sombrilla and 7313 Santa Ysabel (Lots 13 and 16, Block IA) APPLICANT: Steven Garman (Gaylen Little) REQUEST: To extend for one year the time allowed to complete re- quirements for an approved tentative tract map. On May 2, 1983, the Planning Commission reviewed the above-referenced subject unanimously approving a time extension for the tract map to • April 12, 1984. There was no discussion as the matter was considered as a Consent Calendar item. No one appeared on the matter. LAWRENCE STEVENS M RAY WARDEN Planning Director City M nager Ps • Fr-n n nr_ I CITY OF ATASCADERO 1918 � J Planning Department May 2, 1983 \ �DE�/ STAFF REPORT SUBJECT: TENTATIVE TRACT MAP AT 810806 :1 LOCATION: 7320 Sombrilla and 7313 Santa Ysabel (Lots 13 and 16, Block IA) APPLICANT: Steven Garman (Gaylen Little) REQUEST: To extend the time allowed to complete requirements for an approved tentative map. BACKGROUND 1. Existing Zoning: R-2-B-2-D 2. General Plan: Low Density Multiple Family (Lot 16) High Density Multiple Family (Lot 13) 3. Site Conditions: The subject property slopes slightly from Som- • brilla Avenue on the high side to Santa Ysabel on the low side. Both lots are currently developed with apartment units (six on Lot 16, four on Lot 13) , parking (14 uncovered spaces and two garages total on both lots) , and landscaping. All of the existing units are two-bedroom. Access to Lot 16 is via a driveway off Som- brilla; access to Lot 13 is via a driveway off Santa Ysabel. City water and sewer at the site. 4. Project Description: The applicant is proposing to convert 11 units (ten units exist at the site, the eleventh unit is being requested by Departmental Review R810806 :1) into air-space condo- miniums and to join Lots 13 and 16 together as one lot. The ten- tative map was approved by City Council on October 12, 1981, sub- ject to six conditions and as recommended by the Planning Commission. STAFF COMMENTS On April 7 , 1983 the Subdivision Review Board met to discuss the time extension. At this time Staff indicated no reason not to grant the extension. • Re: Tentative Tract a AT 810806 :1 Garman • P (Garman) RECOMMENDATION The Planning Department recommends approval of the time extension sub- ject to the conditions set forth at the time the project was origi- nally approved. Approval of this one year time extension shall expire at 5:00 p.m. on April 12, 1984. ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. REPORT PREPARED BY: , KAMI F&tern REPORT APPROVED BY: LAWRENCE STEVENS Planning Director Ps 2 a '4 VF 50 -or ;C7 I I �aor e 1 SU$JEz-T- 4e e . o u 1 ti ^ ;(7 aO 1061 r zL, A _ m W N h _ o ;091 FzLi c s - ;OL1 ao s - rzL1". o � t•. . w N to 2as� ypLl - D D ._?r'nuo ILLI ..4s4 NO:ZL1-- P oy SON o n F ria N y.N jSS1 O n N =O 2 Sb .961 O O /00, N - ;061 ;O1L P N JobN N A N o ;o1z v Z 3 1:0 N n o� L4 o c C g W ;091 O of D O OFr7S _ 66.00 85DO 79.89 LOCiATt oN MAP o n mP8 E �� 1}T'810 8 io 6: 1 (6AZM gVU17C_c-) n v 73Zo s 73/3 SAWM Ys4-5--Z 1,6113 TSc-C.t, l4 O m Tq.94 89.71 1 0504 DRES 6 %� sp SAN O AVE, � � _ • r- r S \ \ 1 k n \ 1 ' L- Q 2CIV co-74-A77 \` /R_A I pak, tK 05 b �.. PJ N ;a 96, 2 a A f\ ;s5 pb /° A 40 77 h15 9wy 9so `` 2 ` \,}.• :\a v /a2 y yg y. '` •.,P3c��m'-4gE3 PAA- � i 7 . - 2� a h . 11 v . 9 1 c^`b AD � ' ` r .,1 •� IS � p ✓ r '„1�i �A ` ���, ,fig 9 3_e '.'�'���"T y P \2 r 7 __�_ dY' �� C s9Sv i 10 6 2220 1 i77.E6 3 ,r• Y. /4p -,._.�--_—�_ S.t• G4r� )• �� t �, `\`�t,. °�� ' �.,D`fly yUS , 23 2 IPG :0 ZU X77•"3' 1�1L- MAP / --"!'• / P 141�IT 6 �r.U�CiC�'1 C�T '�/4 /�./��.(:�. .0 v-z 2z t 13 20 n 73 7313 sgNT;1 ys4 7- 1 3-e /6 l3 �3�cxic �.4 y _ Q I a-- 17 Wp ATEN 08 OG: r( N/Urrz-C 73ZO 73/3 squrA ysygE !�T 5 /64 3 �33ClaC //A • M E M O R A N D U M TO: CITY MANAGER May 3, 1983 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE PARCEL MAP AT 810205 :1 LOCATION: 9755 Atascadero Road APPLICANT: Ray Dodd (Daniel J. Stewart) REQUEST: To extend for one year the time allowed to complete re- quirements for an approved tentative tract map. On May 2, 1983 , the Planning Commission reviewed the above-referenced subject unanimously approving a time extension for the parcel map to April 6, 1984. There was no discussion as the matter was considered . as a Consent Calendar item. No one appeared on the matter. /M4XV4 LAWRENCE STEVENS M RAY . WARDEN Planning Director City M nager Ps • aFr7 c Irnr � CITY OF ATASCADERO 1918 r �#on r, 1979,11 • Planning Department May 2, 1983 STAFF REPORT SUBJECT: TENTATIVE PARCEL MAP AT 810205:1 LOCATION: 9755 Atascadero Road (Ptn. Lot 8, Block 11) APPLICANT: Ray Dodd (Stewart) REQUEST: To extend the time allowed to complete requirements for an approved tentative map. BACKGROUND 1. Existing Zoning: R-A 2. General Plan: Moderate Density Single Family Residential 3. Site Conditions: The site is gently rolling and ranges in eleva- tion from 90 feet near the most north-westerly corner to 104 feet at the south-westerly corner. The site is traversed in a north- • east, south-west trend by a low area where natural drainage oc- curs. There are several trees on the site, generally in the lo- cation of the proposed lots 2 and 3. The remainder of the site is largely covered by indiginous grasses. The property is gen- erally surrounded by somewhat rural residential land uses on gen- erally similar lot sizes as those proposed. City water and sewer is available to the site via lines in Atascadero Road. 4. Project Description: The applicant is requesting a one year time extension for filing a final parcel map for a land division of 4. 5 acres to create four parcels; three at 1.0 acres each and one at 1. 5 acres. A 25 foot private access and public utility easement is proposed along the southerly boundary line from Atascadero Road back to the westerly edge of Parcel 4. On April 5, 1981, the Planning Commission approved Tentative Parcel Map AT 810205 :1 listing 12 conditions of approval. On April 12, 1982, the appli- cant requested a time extension and it was granted for a period of one year . STAFF COMMENTS On April 7 , 1983 the Subdivision Review Board met to discuss the time extension. At this time Staff indicated no reason not to grant the• extension. Re: Tentative ParcelbMap AT 810205 :1 (Dodd) RECOMMENDATION The Planning Department recommends° approval of the time extension sub- ject to the conditions set forth at the time the project was origi- nally approved. Approval of this one year time extension shall expire at 5 :00 p.m. on .April 6, 1984. ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. REPORT PREPARED BY: KAMI GRIVFI Planning I ern REPORT APPROVED BY 104,�Wv /A�� SLAWRENCE STEVENS Planning Director PS 2 o v J c C_1,p g_2_ Q n cr , P - � � �S t i Ar el oz os • 1 �� ��� ,,,®�rsY�.. .! sus . ���•v�- r� ► �i� - -�.,/�,a WE' Ko- NV�'. . Ou al � elf ! �/`yam � •� � = � NO� tj �►� PIN `/ SIM me j���� .? - WO i`1 moi+ \ ��.'i► / � r W � 1 V V ZL ke E / � o•�oe•u x .��I+ �a �•i ( { �110 + i��4 V,z Iz \ ��0 �•�• �. ,v e•.zo'.�';w zt♦ot'� I i n A �1,�vYC t`goA \.��0: �' -Ilial �La� n�ti e o 2� o 0 3 i .v O•. aa'.o,i I,J zAtot�/�I: , F �'��1 h �. F+ V + w tmiiYo� IN 14 ac F ! N x F° ',+ • IL Jam[ � r•►• �l C O >' 2 • s • M E M O R A N D U M TO: CITY MANAGER May 3, 1983 FROM: PLANNING DIRECTOR SUBJECT: ACCEPTANCE OF LOT LINE ADJUSTMENT LA 821122:1 (82-153) LOCATION: 9505, 9545 , 9575 Laurel Road (Lots 19,20 ,21, Block 42) APPLICANT: Jim Rockstad (Twin Cities Engineering) On February 15, 1983 the City Council approved tentative lot line adjustment LA 821122:1 adjusting existing lot , lines to create better building sites, subject to certain conditions and in con- currence with the recommendation of the Planning Commission. The zoning is A-1-BV-5 and the General Plan designation is Subur- ban Single Family Residential. Staff review has determined that all conditions of approval have been met. On May 2, 1983, the Planning Commission reviewed the matter on its Consent Calendar and recommended acceptance of the final map. GG�l�G'LtR- ,�y LAWRENCE STEVENS RU11RAYWARDEN Planning Director City Mager Ps • • found /-If per K „ -.. .., found yz"LP SCO Z0,Z4 er - Z ,P°240.5o d U°25' 30" L =47% 3 R°l7 d- 8/0 06 44' G = G5.7Z survey in process I - f75.zo ai°00' __ ' �sGB - ° Sef �Z� lP RCE 20,Z4¢ , ,�=/59.20 -4 °8/0 0 44" L = 58.38 . ;. _ 11 I- k -. = 5 J('a/l¢80 !1 �4°93"00" L /Z9.Gl �11' 11 I ll4.ea G4°40" 129.57 ��_ F 40' � l 9 :d ,�4°43 00" L-/0706 % G 4.80 Cof ZZ - _ �y� 7 ,x-573.10 © - 3°00 0�" G 30 02 x n�°J 573.1D 3°00' 30 0/ k r a5 DJO zo V. if, 1��ti 8 R 553.10 d 3°Z4 4/ L 32 93 .,SSG°3/"/4`� 20/.l0_. .tet - :`- 5 _ k - `'g: �- a- 'a,t .� � , ; �Y �*� .+$ ` Z ry z2 �� I.59 /7c. _gross 6 - , t � �, 1 - Rc / = 4 f47 � � , tea% _ =� t z a �}, c3� ,- :a rs w v _ dG Q2 SQ A�9���� �QI 1x71.> g' f 3t r t�y� Y / C V� yn �'r ,�. fie' gra - �` r '" - F Y ;F - - *�tax . - °„V "'a Y- i t.,.,._s... Qo~ - r'.. sray.,r s -. �C.� - 'h dam/ yi#.” t - _ �, '_ - - - - O I r. ' .\113z) aii, , �� Parcel - h Z.90 Ac. gross N 4 - 4 � 11.13_ " Ra, t 4 �� . ti _ 3.C90 a T t 7 , w l c ., a µ t G� T x a - rafcc o 5 _ �cr x� ? BTA�C. .grass3 Y �s -FS,r'a S. .ta" sY ` °-•x x 4 35 He } '" 1 "€s w L O ' _. rt ^f'K. . .^ � 1. `-� a 'E' t «i Yom' 4''J' 4f 3 - K r t - r .- "ka � . e om a s^ s-,�. s� _ r icy v is,c, m'* - t` 4� h 's k "h - -11-11-1,.a % vy�a «a 8�� - ,� _„., r .t_"�,1,` •y �' � _,r-..'. -w.. s �Y .- /�JJ qq (r� T 207.55 ° ~_ /53.80 �_ _ 5�,�1� 11 "I ,a, ,/V 7 ;/ ... ti� ,; w ..._ °Q 3,, w .357 0 00 -I 56 � � - T �� S I .1 = 3 W 356.33 c�5 . " . _�-NoZ¢6 3 a \ 1. 11 0 - � I -- 11 �,.*ro F. I- w � , I `�9� ..>+8} yri+3.. b :O :z s.-a y.- .sxa..va•�*e ^d' " ,� * -1 I ...f ��W. .... •�. --, . .gin - i .. 0 T _:.�:::2._)_ ,�:.'� »....e.-w.._,...,....--os.� --.w,:i aas.�_. �_,.�.�,..- ...�..«., -.��......,. �.r..,... ..ter w+�.,..�_...... _..._. :-7-.L-".._.. .... 0 • M E M 0 R A N D U M TO: CITY MANAGER May 3, 1983 FROM: PLANNING DIRECTOR SUBJECT: ACCEPTANCE OF PARCEL MAP AT 820629 :1 (AT 83-043) LOCATION: 8535 Santa Rosa Road (ptn. Lot 11, Block 12) APPLICANT: Charles Carnes (Twin Cities Engineering) On September 27, 1982 the City Council approved tentative Parcel Map AT 820692 :1 dividing two acres into two, one acre parcels, subject to certain conditions and in concurrence with the recom- mendation of the Planning Commission. The zoning is R-A and the General Plan Designation is Moderate • Density Single Family Residential. Staff review has determined that all conditions of approval have been met On May 2, 1983, the Planning Commission reviewed the matter on its Consent Calen- dar and recommended acceptance of the final map. LAWRENCE STEVENS MU RAY WARDEN Planning Director C• ty M nager Ps • ' 10040'i!/ 149 35, 7d 58, ••o/fence corner wi/h ;; ., _-- 3/¢/,00d/oceri/foorX/1' -faar,,ddecoged Z,r2 P/ 01,0e,-/5/P�as ' Jo99cd"SPE 502.y" e — / •.Sef//2"rc�r" ,o r�2 Bci fhrrw h �PCf 20,? of fo19 Ol a,sed �'ou• 9Ua/d17OSfO/Q�j9fr�C. : . . LfGENp 0 o O /ac/icofrs scf///2"re%ar6 cop",QCf2o2g4gfhe C> o • 117dCofes >roar/d IWV O �a�rnerrf �a f' 1faz B R /r/dicafcs rc'cord,c�r 3AC/�tlB/90 Cor/s /.DOoeres Z Re lrrdicafcs record !Ue c w 26/Pi1!//6. sLO/e: A.S0' 2 0 3 rldicoles �ecord /his R / s w 194 ///dcofcs rc�orc/,�i 5O /oo rso R9 117dca1eS rr/easuPcd. the ,c 6ro/�hfc S O cet - � - 5 � o • �„ Cho/% �.. 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A business license was issued on April 11 to "Star Sta- tion 101" (which was previously located in the Adobe Plaza) after a determination by Staff that all applicable zoning and licensing regu- lations could be met. Existing Zoning Regulations: Arcades are not specifically listed as a permitted, Departmental Re- view, or Conditional use in any zoning district in the current ordi- nance. In addition, there is no definition of an arcade (i.e. by num- ber of machines, etc. ) . The Planning Department has continued a prev- ious County interpretation that arcades are similar to "bars" , "bowl- ing alleys" , "skating rinks" and "pool halls" and are allowable subject to the same approval procedure as those uses. The Planning Commission concurred with this interpretation in reviewing two arcades ("Star Station 101" Departmental Review in C-1-D and Del Vaglio Con- ditional Use Permit in L) . As a result, arcades are allowable in com- mercial zones as follows: C-1-N - permitted use less than 5000 sq. ft. of floor area and Departmental Review use greater than 5000 sq. ft. of floor area C-1-C - same as C-1-N C-1 Departmental Review use C-2 - permitted use less than 10 ,000 sq. ft. of floor area and Departmental Review use greater than 10, 000 sq. ft. of floor area - CH Departmental Review use when in conjunction with planned development and specified principal uses f B 0 Appeal o Business License #1090 (Cook et al) CR - Departmental Review use L - Departmental Review use • In addition, where coin-operated game machines are an accessory use due to number of machines, amount of floor area, method of signing, etc. , no approval was required. Business License Regulations: "Amusement parlors, penny arcades, playlands" are listed as a use which requires approval of the Police Chief (in addition to standard approvals by Planning and Finance Departments) prior to issuance of a ' business license. A background investigation is done on the applicant and any partners. The license would be issued unless the applicant is disqualified pursuant to Section 6.08.080. Additional Comments: In reviewing the matter. of the Star Station 101 business license, it was determined that the proposed location, which is zoned C-1-C, al- lowed a game arcade as a permitted use since the building area was less than 5000 square feet. However , the building was nonconforming due to a lack of parking. In situations where the prior use (furni- ture/appliance store) was replaced by a similar use, the nonconforming status would remain unaffected and no parking would be required. In this case, the parking for an arcade (1 per 300 sq. ft. ) is more in- tense than the furniture/appliance store (1 per 500 sq. ft. ) . As a result, three additional spaces were required. This is the difference between the number of spaces exempted due to the nonconforming status and the number of spaces needed for the arcade use. These spaces were paved and striped prior to the opening of the arcade. Some elec- trical work was also done within the building. Staff has no authority under zoning or licensing regulations to place any other conditions on the arcade use. The issuance of a business license is usually a ministerial act which does not involve the exercise of administrative discretion or personal judgement and the right of appeal on ministerial acts is limited by Section 22 of Ordinance No. 10. The only substantive issue on this appeal is whether or not Staff interpreted the zoning regulations correctly, except that the appellants do not contend that there has been an erroneous interpretation. Rather, it is their contention that the regulations are inadequate to appropriately control arcades in commercial areas. The recently adopted moratorium will allow this to be studied, but the subject arcade cannot now be subjected to any additional controls. It should also be pointed out that the zoning interpretations used in this case are identical to similar interpreta- tions used in other similar situations. i 2 Appeal of Business usiness License #1090 (Cook et al) FINDINGS 1. A game arcade is aP ermitted use in the C-1-C Zone. 2. The issuance of a business license in this case is a ministerial act not subject to appeal. 3. Establishment of the game arcade at 6105 El Camino Real complies with applicable zoning and licensing regulation. RECOMMENDATION Based on the above Findings, it is recommended that the appeal of Bus- iness License #1090 be denied. 44'� LAWRENCE STEVENS fU 9RAYtWARDEN Planning Director C y M ager Ps 3 aper TELEPHONE: (805) 466-66 Works Mr 5900 ENTRADA P. O. BOX 868 ATASCADERO, CALIFORNIA X33 z April 18, 1983 To: Mayor Rolfe Nelson and the Atascadero City Council '-- -- _ a From: James W. Cook, Jr. , et al. Re: Appeal of Business License granted to Star Station 101 The purpose of this letter is to appeal the granting of a Business License to Star Station 101 to conduct a video arcade business in the former Triple H Appliance building, located between Sandlin Furniture and The Trophy Hunters on E1 Camino Real (the exact address us not known to us) .c The reasons for appealing the granting of this license are as follows: a. The downtown area of Atascadero is a retail business district; Star Station 101 is a recreational-type business. The operation of a video arcade in the midst of a retail business district is 'improper zoning. b. The building in which Star Station 101 proposes to conduct business operations has three (3) parking spaces in the rear. No provision has been made for the parking of the many bicycles which will accompany the patrons of Star Sta t ion 101. These bicycles will end up on the sidewalk in front of the building. This will cause a hazard and congestion which will interfer with pedestrian traffic on the sidewalk. Bicycle racks placed at the rear of the building would result in . the congregation of people in an alley which must be kept clear as a fire access route. c. The Star Station 101 has an history of attracting crowds of people who gather outside of the establishment. This will add to the traffic problem on the sidewalk in front of the building. The owner of the arcade has no authority to police the sidewalk, as it is a public thoroughfare. The Atascadero Police Depart- ment has enough work to do without having to post an officer on this sidewalk to keep it clear. We therefore respectfully request that the Atascadero City Council deny the business license issued to Star Station 101 on the grounds that it is improperly located within the City at its proposed location. 1 ADMINISTRATION BUILDING /L6 L. POST OFFICE BOX 747 (�1') ",JJ ATASCADERO,CALIFORNIA 93423 PHONE: (805) 466-8000 CITY COUNCIL � ® CITY CLERK oft dL�le*Ilk • CITY TREASURER dazv 4M CITY MANAGER INCORPORATED JULY 2. 1979 FINANCE DEPARTMENT PERSONNEL DEPARTMENT PLANNING DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT RECREATION DEPARTMENT 6005 LEWIS AVENUE ATASCADERO,CALIFORNIA 93422 ...�. ,PHONE: (805) 466.2141 MEMORANDUM May 3 , 1983 To: Murray Warden, City Manager From: Allen Grimes, City Attorney Subject: Proposed Urgency Ordinance Declaring a Moratorium on the Raising of Mobile Home Park Space Rents As per your suggestion, attached is a proposed urgency • ordinance declaring a moratorium on mobile home park space rents. Also attached for distribution to the Council with the agenda materials is my prior legal opinion regarding this subject. You will recall that in the Birkenfeld case involving the City of Berkley, the California Supreme Court declared that findings such as those set forth in the proposed ordinance are necessary to justify a mobile home park space rent control ordinance. AG: fr Attachments cc: Barbara Norris, City Clerk o: C.C' : s!9/�� P�€�F , �' t>IIr t+TTACtfCO JILJ&3a'Kay " V1,000 t5rei{a sIr 0� i4 secc,F ,� Cpocr�c.t A�uCLgT, � o� K tN►.�.E y-�k C C. pY�fLNCt f /Y #I s CUNCLailQN / Vol&r4L (o '441f# 0. IT t.6WJC4 Cit `f H z t!d a Ares/ p , is Yb P2 err'9 ATT/-crt�lr 0 u �5rn •+-, tri-S�tn� Pte-+ �� vt.3 �-/ t/����ccE `7t i'I iH0 �t J cJ��,a A- yo4 pa, ,� SJ 3�,� „y ,ti ,1r n 7 I DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY OF ATASCADERO DECLARING A • MORATORIUM ON MOBILE HOME PARK SPACE RENT INCREASES WITHIN THE CITY OF ATASCADERO, AND DECLARING SAID ORDINANCE TO BE AN EMERGENCY ORDINANCE The Council of the City of Atascadero ordains as follows: WHEREAS, § 65858 of the Government Code authorizes the adoption by legislative bodies of interim ordinances as emergency measures to protect the public health, safety, and welfare; and WHEREAS, said ordinances may adopted as urgency measures prohibiting any uses which may be in conflict with the contemplated zoning proposal which the legislative body, Planning Commission, or Planning Department is considering or studying or intends to study within a reasonable time; and WHEREAS, such urgency measures shall require a four-fifths (4/5ths) vote of the legislative body for adoption; and WHEREAS, following the filing of petitions with the City by various mobile home unit owners relating to rent control for mobile home parks, and following hearings conducted by the Council, and receiving extensive materials on mobile home rent control from both • mobile home park owners ' representatives and mobile home unit owners ' representatives, the Council finds and determinds that: (a) A housing shortage exists in the City of Atascadero. This shortage exists not only in mobile home parks, but in all forms of residential housing. (b) The existence of such a housing shortage appears to have resulted in some landlords taking advantage of the shortage by the charging of unfair rents. (c) The charging of these unfair rents has resulted in there being a very substantial and detrimental economic impact upon the residents who are subjected to the charges. (d) To protect the public safety, health, and welfare, the Council should take appropriate action to alleviate this situation. (e) A study is necessary to determine what legislation, if any, is required for the protection of the public. Section 1. Purpose. Pending further study of the development and adoption of mea- sures to address the problems created by the present shortage of AG: fr -1- 5/3/83 ORDINANCE NO. mobile home park space, it is necessary to place a temporary mora- torium on rent increases for a four (4) month period, beginning 1983, on residential mobile home spaces within the City of Atascadero. Section 2. Rent Increase Moratorium. On the effective date of this ordinance, and continuing for a period of four (4) months, or until such time as the Council es- tablishes a procedure for the adjustment and/or stabilization of rents, whichever occurs first, mobile home park rents shall not be increased. Section 3. Non-Waiverability. Any provision, whether oral or written, in or pertaining to a rental agreement whereby any provisions of this ordinance for the benefit of a tenant are waived, shall be deemed to be against public policy and shall be void and unenforceable. Section 4. Severability. The Council hereby declares that it would have passed this or- dinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that the provisions of this or- dinance are severable. If for any reason or under any circumstance any provision or clause of this ordinance or the application thereof to any person or circumstance is held to be unconstitutional, or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions or clauses or applications thereof which can be implemented without the invalid provision or clause or application. Section 5. Authority. This ordinance is adopted under Government Code § 65858. Section 6. Declaration of Urgency. The Council hereby declares that this is an urgency ordinance necessary to preserve the public peace, health, and safety due to the facts set forth above. These facts constitute a serious threat to the maintenance of the existing mobile home park rental housing supply within the City, with respect to all economic segments of the community, and especially to senior citizens, persons of low and moderate incomes, and those on fixed incomes, and are contrary to the goals and objectives of the housing element of the General Plan of the City of Atascadero. -2- ORDINANCE NO. Section 7. Effective Date. This ordinance, being an urgency ordinance for the immediate protection of the public safety, health, and general welfare, con- taining a declaration of the facts constituting the urgency, and passed by a four-fifths (4/5ths) vote of the Council, shall take effect immediately upon its adoption. Section 8 . Publication. This ordinance, within fifteen (15) days after its adoption and approval, shall be published once in the Atascadero News. The foregoing ordinance was passed and adopted on , 1983, by the following roll call vote: AYES: NOES: ABSENT: ROLFE NELSON, Mayor ATTEST: BARBARA NORRIS, City Clerk APPROVED AS TO FORM: • ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: 16., ja'Q_�� MUR Y L ARDEN, City Manager -3- ADMINISTRATION BUILDING • CITY ATTORNEY POST OFFICE BOX 747 POST OFFICE BOX 749 ATASCADERO, CALIFORNIA 93423 ATASCADERO, CALIFORNIA 93423 PHONE: (805) 466.8000 PHONE:.)805) 466.5678 CITY COUNCIL CITY CLERK POLICE DEPARTMENT CITY TREASURER POST OFFICE BOX 747 CITY MANAGER I�Ny,C�ORPORATEDJULY 2, 1979 ATASCADERO, CALIFORNIA 93423 FINANCE DEPARTMENT - '"'O'1ss PHONE: (805)466.8600 PERSONNEL DEPARTMENT PLANNING DEPARTMENT -r►. PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT RECREATION DEPARTMENT 6005 LEWIS AVENUE. ATASCADERO, CALIFORNIA 93422 PHONE: )805) 466.2141 MEMORANDUM OF LAW ' December 28, 1982 To: The Honorable Mayor and City Council From: Allen Grimes, City Attorney Subject; Mobile Home Park Rent Stabilization I have had the benefit of more than two years of staff work for another govern- mental agency with respect to the processing of a request for a mobile home park rent stabilization ordinance. In this regard, I have researched the matter of legality of the adoption of a mobile home park rent stabilization ordinance and checked on the legal status of ordinances adopted by a number of'California communities. After listening to the discussion of this subject at the Council meeting of November 8, 1982, I believe it would be helpful to the Council to . convey some of the legal knowledge that I have gained. First, let me say that the term "rent stabilization" is merely a fancy name . for the criticized term "rent control, " but the two terms are synonymous, only separated by emotion. Inception of Rent Control It was not until the adoption of a rent control ordinance by the City of Berkeley and its challenge in the courts that it was known whether or not the California Supreme Court would uphold an ordinance affecting rent. The Berkeley ordinance was adopted as an emergency ordinance and applied to rental facilities throughout the City, apartments as well as mobile home units. In Birkenfeld v. City of Berkeley (1976) 17 C.3d 129, 130 C.R. 465, the California Supreme Court held that the Berkeley rent control ordinance was invalid for procedural reasons. However, the Court went on to approve the principle that a properly- drawn rent control ordinance would be valid. The subject ordinance was held unconstitutional since the Court felt that the constitutionality of residential rent controls under police powers depended upon actual existence of a housing shortage and its concomitant ill effects of sufficient seriousness to make rent control a rational curative measure. MEMORANDUM OF LAW December 28, 1982 page 2 Thus, we discover that as a pre-condition to the validity of a rent control ordinance, the Council must find on the basis of facts presented to it which demonstrate, in the Council's opinion, the actual existence of a housing shortage and its concomitant ill effects of sufficient seriousness to make rent control a rational curative measure. The Court, in addition, outlined three other requirements for a valid enact- ment of a mandatory rent control ordinance. These are: 1) Due to the existence of a critical housing shortage, landlords have taken advantage of the shortage. 2) The advantage which the landlords are taking of the tenants and the criti- cal housing shortage is the charging of exorbitant rents. 3). Demand for the exorbitant rents has resulted in a substantial, detrimental, and economic impact upon a dependent group with no housing alternatives. The Birkenfeld case did not consider the fundamental constitutional issue in- volved in rent control, which is the determination of a reasonable return to which an investor is entitled on his investment in view of the requirements of the Fourteenth Amendment to the United States Constitution. There are no Appellate Court decisions in the State of California which uphold the provisions of a mobile home park rent stabilization ordinance. There are a number of trial court decisions with respect to the validity of mobile home park ordinances, the substantial majority of them holding the ordinances to be invalid. At least a handful of these cases are on appeal. 2n 1981, . the mobile home rent control ordinance adopted by the City of Clovis in Fresno County was the first mobile home case appealed. The case is Woods Mobile Country Club Park v. Clovis City Mobile Rent Review Commission, et al. After trial on the merits, the Superior Court upheld the Clovis ordinance. All parties are still awaiting a decision from the Appellate Court. The major difficulty with rent stabilization ordinances is arriving at a valid definition of the phrase "just and reasonable return on the fair market value of the property. " The great difficulty is attempting to articulate a reason- ably ascertainable standard for determining a just and reasonable return. There is serious question among legal scholars in this field with regards to the validity of a limitation of the landlord's return to a percentage of but less than 100 percent of the amount 'of inflation. We also find that the application of basic due process guarantees under the California and Federal Constitutions presents other problems. For example, it is unclear whether the following matters must be provided for in an ordi- nance establishing a rent stabilization commission to hear applications for rent increases: Confrontation of evidence, cross-examination of witnesses, • appropriate notice of charges, speedy hearing, discovery, elementary rules of evidence, right of appeal, and other rights normally incident to that panacea of due process rights accorded in an adjudicatory procedure. MEMORANDUM OF LAW December 28, 1982 Page 3 Legal Decisions As a result of this review, the legal status of ordinances which have come to our attention are as follows: 1) Woods Mobile Country Club Park v. Clovis City Mobile Rent Review Commis- sion,- et ommis-sion, et al. Ordinance sustained, now on appeal. 2) Palos Verdes Shores Mobile Estates, Ltd. , et al v City of Los Angeles, et al. (March 16, 1981) (Superior Court, Los Angeles County) Rent control ordinance held invalid, now on appeal. 3) Cotati Alliance for Better Housing, et a1. v. City of Cotati (December 23, 1980) (Superior Court, Sonoma County) Rent .control ordinance declared invalid, now on appeal. 4) The Oceanside mobile home park rent control ordinance was attacked in two decisions, both of which were struck down by the trial court because it did not provide a fair return to the owners. Thereafter, the City chose to rewrite its ordinance in an attempt to come within the guidelines which would pass muster in the courts. Following this adoption, the North San Diego County Superior Court Judge Gilbert Nares struck down the Oceanside ordinance for the third time on November 24, 1982. He found the ordinance "constitutionally infirm" for its failure to provide owners a reasonable rate of return on the market value of their property. After this most recent decision, the City of Oceanside has announced that it will appeal the Superior Court decision to the Fourth District Court of Appeals in San Diego. That, of course, is a process which normally will take from two to three years. 5) The Morgan Hill mobile homepark rent control ordinance was struck down by the Superior Court for lack of appropriate guidelines to determine fair return. 6) The San Juan Capistrano mobile home park rent control ordinance was struck down by the Superior Court as preempted by the State Mobile Home Residency Law. 7) The City of Rancho Mirage hired the firm of Burke, Williams, and Sorensen of Los Angeles to draft a valid mobile home park rent control ordinance. It drafted such an ordinance, which was adopted by the Council. On attack in the courts, it was thrown out. The court said it was adequate on its face, but that it failed to provide adequate safeguards against arbitrary administration. 8) Advocates of mobile home park rent stabilization ordinances state that the Pismo Beach ordinance has been upheld by .the courts. The ordinance has not been upheld as to its merits and its legality. The trial court denied a preliminary injunction which sought to prevent the enforcement MEMORANDUM OF LAW December 28, 1982 Page 4 of the ordinance. The case was then dropped. The Pismo Beach ordinance suffers from a number of deficiencies with respect to due process and a fair return as outlined in this memorandum. The San Luis Obispo ordinance is no better. 9) The North San Diego County Superior Court has ordered the San Marcos Mobile Home Rent Review Commission to rehear a rent increase petition due to its failure the first time around to consider the market value of the property in determining a fair rent and return on the investment. Thecourt had earlier ruled (some six months ago) that the San Marcos Commission must consider the market value of the property in determining rates of return and proper rental rates. . Challenge of Ordinance The study of this subject has revealed that the adoption of a mobile home park rent stabilization ordinance has been challenged in court in almost every city in which such an ordinance has been adopted. Therefore, one of the factors that must be considered by a governmental. agency in adopting a rent stabilization ordinance is the cost of litigation in defending the ordinance, which could amount to quite a substantial sum. (See page 8, et seq. of the opinion of the County Counsel of Sacramento County, dated December 2, 1982; Exhibit C attached. ) 0 Discussion of a Fair Return The City of Santa Monica rent control ordinance applied to all rental situa- tions, but was not a so-called mobile home park rent control ordinance.. An indication of the court 's approach to ordinances of this kind was the decision of the Los Angeles Superior Court on the Santa Monica ordinance, . which held that a valid rent control plan must have several characteristics, all of which were present in the Santa Monica ordinance. The characteristics are: (a) the standard cannot be manipulated; (b) the standard cannot discriminate on ' the basis of original purchase price; (c) the formula must be simple to per- form; (d) the standard must not be "circular" ; and (e) the method affixing rents must encourage maintenance and afford growth in profit levels tied to the rate of inflation. It is noted that while the trial court's decision upheld Santa Monica's spe- cific rent control ordinance, the ruling failed to provide a precise standard as to the rate of return to which property owners are entitled in a regulated market. Although frequently litigated since 1920, no court has yet resolved this aspect of the rent control issue with a definitive standard. References Attention is particularly invited to the attached references which thoroughly discuss and review the feasibility and legality of the adoption of mobile home park rent stabilization or rent control ordinances: MEMORANDUM OF LAW December 28, 1982 Page 5 1) Opinion of the Legislative Counsel of California, dated August 21, 1981, to Honorable John E. Thurman, Assembly Chamber, re Environmental Quality: Local Rent Control Ordinances, No. 1478. (Exhibit A) 2) Opinion of the County Counsel of Sacramento County, dated February 13, 1980, to- the Board of Supervisors, re Mobile Home Park Rent Control. (Exhibit B) 3) Opinion of the County Counsel- of Sacramento County, dated December 2, 1982, to the Board of Supervisors, re Mobile Home. Rent Control. (Exhibit C) Conclusions 1) Findings with respect to the actual existence of a housing shortage and the concomitant ill effects are essential to the validity of any ordinance relating to rent control. 2) Validity of a mobile home park rent stabilization ordinance with respect to satisfying the due process requirements of the Fourteenth Amendment regarding the standard for a fair return on the investment is still awaited by the legal profession. In our opinion, for the reasons set forth in this memorandum, we do not believe that the nature of the Pismo Beach mobile home park rent stabilization ordinance will withstand legal challenge. 3) The Council has authority to adopt a rent moratorium. ordinance providing for a minimum moratorium period of four (4) months if it desires time within which the staff and the Council can develop an acceptable mobile home park rent stabilization ordinance. 4) In taking action to adopt a rent control ordinance, the Council should consider the costs of administering the ordinance. Other governmental agencies have found them to be substantial. 5) Mobile home rent arbitration ordinances are available and have been used by a number of cities in resolving the problem of fair and just returns. 6) Notwithstanding all the foregoing, the Council might consider it wise be- fore going ahead with the consideration of the adoption of a mobile home park rent stabilization ordinance to await enlightenment by the California' Appellate Court as to guidelines for preparing and processing a valid ordi- nance in this field, thus lighting the way and probably reducing anticipated litigation defense costs which otherwise might be incurred. actfully submitted, ALLEN GRIMES City Attorney AG:f r CC: Murray Warden, City Manager C3 ORDINANCE NO. 64 AN ORDINANCE ADDING CHAPTER 3 TO TITLE 4 OF THE ATASCADERO MUNICIPAL CODE ENTITLED DISCHARGE OF FIREARMS AND DANGEROUS WEAPONS The Atascadero City Council ordains as follows: Section 1. Chapter 3 of Title 4 of the Atascadero Municipal Code is added as follows: Chapter 3. Discharge of Firearms and Dangerous Weapons 4-3. 101. Definitions. As used in this chapter, unless the context clearly requires a different meaning, the following words are defined as indicated below: (A) Firearm Defined. Any device designed to be used as a weapon from which is expelled a projectile by the force of any explosion, or other form of combustion. (B) Dangerous Weapon Defined. Any device designed to be used as a weapon which is capable of expelling a solid projectile in excess of fifty feet. • 4-3. 102 . Exemptions: Protection of Life, Property; Predatory Animals. The provisions of this chapter shall not prohibit the discharge of appropriate firearms when necessary to protect a human life -or to destro or__ka. _1an re atory or dangerous animal__-whe -- _ _ defending oneself or another person against an immediate threat of great bodily harm or as of Ferwi-s-e--provided�5y law. - 4-3.103. Discharge of Firearms . C U It shall be a misdemeanor for any person to willfully discharge any firearm within the city limits except in shooting � � galleries and on pistol or rifle ranges, the locations of which have been approved by the Chief of Police, or as otherwise provided by law. 4-3 . 104 . Misuse of Dangerous Weapons It shall be a misdemeanor- for any person under the age of eighteen, and without the immediate supervision of a parent or guardian or an adult designated by the minor' s parent or guardian, to willfully fire or willfully discharge any weapon or device as defined in this chapter within the city limits. In no instance may such weapons be discharged by a minor within one hundred feet of any building or livestock without the permission of the property . • • owner. Section 2. 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 this City in accordance with Section 36933 of the Government Code; shall certify the adoption of this ordinance; and shall cause this ordinance and its certifica- tion to be entered in the Book of Ordinances .of this City. Section 3. This ordinance shall go into effect and be in full force and effect at 12 :01 on the thirty-first day after passage. The foregoing ordinance was introduced on and adopted at a regular meeting of the City Council held on AYES: NOES ABSENT: ROLFE NELSON, Mayor ATTEST: • BARBARA NORRIS, City Clerk APPROVED AS TO FORM: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: MVRRAY WARDEN, City Manager. M E M O R A N D U M TO: CITY MANAGER { 401-12.et-fi FROM: CHIEF OF POLICELhLt1ctc.+ SUBJECT: ADDITIONAL FUNDING REQUESTED BY ACTION FOR ANIMALS RIGHTS (AFAR) DATE: MAY 4 , 1983 As you know, AFAR requested at our last Council Meeting (4-25-83) additional funding in the amount of $1,000 to $1,500 for the spay-neuter program. Ms. Johns requested the funds following the expenditure of the $3, 000 allocated for spay/neutering during the current fiscal year. You will recall that we provided the $3,000 to the County Animal Regulation in addition to the $18 ,000 for normal contractual services. I do not feel we should appropriate additional funds for this program at this time for the following reasons: 1. There will only remain about 45 days in the current fiscal year. I don't think this would provide sufficient time in which to start a new program with AFAR after we had already made a contractual agreement • with County Animal Regulation. 2 . Our adopted budget plan called for an expenditure of $3 , 000 for the spay/neuter program. The County succeeded in issuing $3 ,000 worth of certificates during the fiscal year as planned. 3. It is recognized that the heavy breeding seasons for dogs and cats are spring and fall. I do not see that much can be gained at this late date in a special appropriation. 4 . I do not feel the urgency is such, in this issue, that we must establish a precedent of special mid-year appropriations. (Auditing could be difficult with a new mid-year program, also. ) 5. During the current fiscal year, the County has generated approximately $3 ,000 more in licensing fees for our City which I' had planned to suggest we carry forward for additional spay/neuter funding for fy. 1983-84 . (These funds should be administered by Animal Regulation. ) In discussing this matter with Animal Regulation Director • Bob Dollahite, I found that the County is prepared to resume the spay/neuter program next fiscal year and that Dollahite is in concurrence with my recommendations. RICHARD H. McHALE RHM:sb • M E M O R A N D U M 9/ -7/9-3 -t,4 js is C4 N sts1r4T- w 1*10L civ mei 1 TO: Murray PL ?1 1 A-r-GO W�!( M ,*-ZLr d`"i¢'Q sr— FROM: Larry McPherson Sff yt'/PC R o K 4-furA'S O gWIrS -4JMIt otF eosr SUBJECT: Extensions to Service Area - CATV Franchise rV(7 'v4 C p" v )o r n ' D-C" 1C"j0 'VPAW&10- It is recommended Council approve the attached Ordinance and Map adding seven service area extensions to the current CATV franchise area as granted to Falcon Cable T.V. of Northern California. These service area extensions were submitted by Falcon and comply with the conditions outlined in Ordinance No. 47-82, which enabled the franchise to expand into previously unserved areas. Numerous user surveys and cost estimates were prepared by Falcon to fully define the feasibility of the proposed franchise extensions. The • connection fees for each service area, as shown in the Ordinance, are the results of final negotiations with the potential connectors in those areas. Areas 1, 2 and 3 are in the Las Encinas area, Areas 4 and 5 are in 3-F Meadows, and Areas 6 and 7 are in Chandler Ranch. Although the connection fees vary by area, monthly service charges are as adopted for the franchise. The reason for different connection charges for each extension area is to allow extraordinary extension costs to be recovered by= the franchisee so that nor 1 service rates do not subsidize service extensions into new areas. L LA14RENCE McPHERSON LM:vh att. • ORDINANCE NO. 66 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING FALCON CABLE T.V. OF NORTHERN CALIFORNIA FRANCHISE BY EXTENDING AREA OF SERVICE ZONE The Council of the City of Atascadero Ordains as follows: • Section 1: That Exhibit "A" of County Ordinance No. 1504, adopted on June 2, 1975, and subsequently adopted by the City of Atascadero in Ordinance No. 2, dated July 2, 1979, be amended by Exhibit "A" of this Ordinance, attached and incorporated by reference herein, and by this same reference approved. Section 2: Resolution 47-82 adopted certain conditions and procedures pursuant to extending service areas to the CATV franchise holder. As enabled in Resolution 47-82, service installation charges for the areas added to the CATV service area under this franchise shall be as follows: Area 1 $154.75 Area 2 194.74 Area 3 - 104.61 Area 4 - 199.18 Area 5 - 159.11 Area 6 - 135.19 Area 7 - Section 3: 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 this City in accordance with Section 36933 of the Government Code; shall certify the adoption of this Ordinance; and shall cause this Ordinance and its certification to be entered in the Book of Ordinances of this City. Section 4: This ordinance shall go into effect and be in full force and effect at 12:01 on the thirty-first (31st) day after passage. The foregoing ordinance was introduced on and adopted at a regular meeting of the Council held on AYES: NOES: ABSENT: ROLFE NELSON, Mayor ATTEST: PATSY A. HESTER, Deputy City Clerk APPROVED AS TO FORM: ALLEN GRIMES, City Attorney APP V AS TO C0 NT: • Y L WARDEN, City Ma ager rd 0 N L i p� °ao r / - a i' / ,�a�' e" ;tact/_ W a) •rN•I W �4 - U) rt4 Ld Q �a� �,� �Cfi Y.•La g7� tr _ _� a-a ••S u - s •.'.`t� J��� .l-y ti��ti � �'�(�� •?'����1.'�`tdy`/,��,��,�- a � � "-nom - z � �• •i a_ _ �� /� ,,�;�r ram\s; _~ �yi`�; �\y�� a��,�t��, i= a .�ltt a ° �,•�• �: 2 / �� 2 ora..����: �� �.b�'�,�� +� � 5 �=f�1 �- bE�\��R Y �-�.. -• '��fi �I •� ---_-_- '� � � `�'-,gym. •��' '�� � y tc• �,rt.'• Na\g{�l=�.ti a '.• ,y •. _� a_. (may/ +�.R �9�1� %��+ ., 9 F -•e, ..Y.•�\a a . QT k"i )!� ��, •fes'/� �'-•-+ � � _ � ���cll. '`\• K ',� =�c ♦S •� i[}i '��'C�1 -3 �f`�'32i�t . �. - 'i a w • arf� �F.?s"<r,3.�;•"w'7 �G� f��+ �_�� _/�� .��� /� •ao ^a aa• w• ,w'1.2 _ _ �'� k -2�s �' / ��o3' rnal Jk`Y ° �> Jz• � aa� - ��° .ria iY� r� ��+a"# �:_.?,.1,1� �sY.,.;�i_ �� orf z� •1 _ C:i-fi—rf, U Lfl Vl r-I 00 H Ol Ln h r l0 H r) H U) '\ �'—,-"w ` C� ,oy -r � � ! _ -• ' i.l O d' v q m dl Ln d' �� +•�' -r---� `�' e_� t ei/ ,- �R _c- �i [1 rl rl rl rl r-I rl N s- s -41 ✓'� 1' � ate°' .• ch t� =- _ � A orr ul U w a) (D Q) a) (1) (1) aD 3_ , aw FCC < 1�4 < < < < PQ • _M E_M O_R A N_D_U_M TO: City Council FROM: City Manager SUBJECT: Ordinance relating to claims against the City DATE: May 3, 1983 The attached ordinance has been suggested by the City Attor- ney as a means of protecting the City against filing long stand- ing or out-dated claims. It is in the City' s interest to have the ordinance adopted and I recommend your approval as first reading. • RRA/ARDEN MLW:ad • ADMINISTRATION BUILDING CITY ATTORNEY POST OFFICE BOX 747 - POST OFFICE BOX 749. ATASCADERO, CALIFORNIA 93423 ATASCADERO: CALIFORNIA 93423 PHONE: (805) 466-8000 .PHONE: (805) 466-5678 CITY COUNCIL � CITY CLERKse elc® POLICE DEPARTMENT CITY TREASURER POST OFFICE BOX 747 CITY MANAGER INCORPORATED JULY 2, 1979 ATASCADERO, CALIFORNIA FINANCE DEPARTMENT APHONE: (805) 466-8600• PERSONNEL DEPARTMENT PLANNING DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT RECREATION DEPARTMENT 6005 LEWIS AVENUE ATASCADERO,CALIFORNIA 93422 ,..�.� PHONE: (805) 466-2141 MEMORANDUM April 21, 1983 To: Murray Warden, City Manager From: Allen Grimes, City AttorneyA Subject: Claims Against the City Recommendation • It is recommended that the attached ordinance be placed on the Council agenda for a convenient future meeting. Background At the present time, the City of Atascadero has no special provision relating to a statute of limitations for claims against the City for money or damages not governed by state law. Government Code § 935 doesn't cover these specific matters, which generally relate to employee claims and to contract and other claims. It would be in the City's interest to establish the permitted statute of limitations for these claims against the City. AG:fr Attachment 0 ORDINANCE NO. 67 AN ORDINANCE OF THE CITY OF ATASCADERO ADDING CHAPTER 6 TO TITLE 2 OF THE ATASCADERO MUNICIPAL CODE RELATING TO CLAIMS AGAINST THE CITY The Council of the City of Atascadero ordains as follows: Section 1. Chapter 6 is added to Title 2 of the Atascadero Municipal Code relating to claims against the City to read as fol- lows: TITLE 2. ADMINISTRATION Chapter 6. Claims Against the City Sec. 2-6. 01. General. The provisions of this chapter recognize that the general claims procedures applicable to local public agencies, including this City, are governed by the provisions of Chapter 1 of Division 3 . 6 of the Government Code of the State, commencing with Section 9OO and fol- lowing. Sec. 2-6. 02. Special claims procedures. • Pursuant to the authority contained in Section 935 of the Gov- ernment Code of the State, the following claims procedures are es- tablished for those claims against the City for money or damages not now governed by State or local laws: (a) Employee claims. Notwithstanding the exceptions contained in Section 905 of the Government Code of the State, all claims by public officers or employees for fees, salaries, wages, overtime pay, holiday pay, compensating time off, or vacation pay, sick leave pay, and any other expenses or allowances claimed due from the City, when a procedure for processing such claims is not otherwise provided by State or local laws, shall be presented within the time limitations and in the manner prescribed by Sections 910 through 915. 2 of the Government Code of the State. Such claims shall further be subject to the provisions of Section 945. 4 of the Government Code of the State relating to the prohibitions of suits in the absence of the presentation of claims and action thereon by the Council. (b) Contract and other claims. In addition to the require- ments of subsection (a) of this section, and notwithstanding the exemptions set forth in Section 905 of the Government Code of the State, all claims against the City for damages or money, when a procedure for processing such claims is not otherwise provided by State or local laws, shall be presented within the time limitations and in the manner prescribed by Sections 910 through 915. 2 of the AG: fr -1- 4/21/83 Government Code of the State. Such claims shall further be subject to the provisions of Section 945. 4 of the Government Code of the State relating to the prohibitions of suits in the absence of the presentation of claims and action thereon by the Council . Section 2. 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, pub- lished and circulated in this City in accordance with Section 36933 of the Government Code; shall certify the adoption of this ordinance; and shall cause this ordinance and its certification to be entered in the Book of Ordinances of this City. Section 3. This ordinance shall go into effect and be in full force and effect at 12: 01 on the thirty-first (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: ROLFE NELSON, Mayor ATTEST: BARBARA NORRIS City Clerk APPROVED AS TO ORM: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: MURRAY L. WARDEN, City Manager -2- • _M E_M O_R_A N_D_U_M TO: City Council z FROM: City Manager SUBJECT: Amendment to San Luis Obispo County and Cities Area Planning and Coordinating Council Joint Powers Agreement DATE: May 18, 1983 The attached merely changes paragraph 3 of the JPA as indi- cated by the underlined portions. It requires bonding in the sum of $1,000 for some officers. You approved the annual ratifica- tion at the last meeting and this came in subsequent to that ac- tion. Recommend your approval. MURRAY L. WARDEN MLW:ad San Luis Obi o Count and Gies Arroyo Grande y Atascadero Grover City Morro Bay �► Area Planning and Coordinating Council PaSo R� Pismo B San Luis Obispo San Luis Obispo County May 10, 1983 City Administrator MAY 2 1983 . City of Atascadero P. O. Box 747 - - - "- Atascadero, California 93422 Dear Administrator: On April 11, 1983, proposed Joint Powers Agreement creating the San Luis Obispo County and Cities Area Planning and Coordinating Council of Governments was transmitted to you for annual ratification. This included the proposed modification to delete portion "a" of Item 2, Section VII - Staff. Legal counsel to the Area Coordinating Council has proposed a further clarification of this issue of bonding. This is reflected in the attached revision to page 8 of the Joint Powers Agreement (as noted in the underlined portion). If your _ Council has not previously considered this matter, we request that you replace this page in the proposed JPA. If your Council has already considered this annual ratification, please bring this modification to their attention for inclusion in the ratification resolution. Our apologies for any inconvenience this may have caused. If you have any questions concerning this modification, please contact Ron DeCarli or myself at 549-5714. Sincerely, Pat Beck Administrative Planner ms/4L/99 County Government Center, San Luis Obispo, Ca. 93408, (805) 549-5710 JOINT POWERS AGREMEA 0 Page 8 d. Shall have charge of all correspondence. e. Shall keep and maintain the reports of the Area Council on all z committees. f. Shall insure that Area Council renders a written year end report reflecting activities of the preceding fiscal year, said year end report to be distributed to each of the participating member bodies. g. Shall be responsible for directing those employees authorized by the Area Council in the budget. Employees are to be appointed by the Area Council on the recommendation of the Secretary and to serve at the pleasure of the Area Council. 2. The Secretary of the Area Council shall have charge of, handle and have access to any property of the San Luis Obispo County Area Council of Governments. 3. The Secretary, Treasurer, and Auditor-Controller shall be bonded or self-insured through the county in-lieu of bonds (in accordance with Government Code Section 24156) in the sum of $1000. VIII. MEETINGS 1. Regular meetings of the Area Council shall be held at least six (6) times a year or at more frequent intervals as approved by the Area Council. 2. Special meetings may be called by the President or upon written request of at least three (3) representatives of the Area Council. Actual notice of special meetings must be given at least three (3) business days .in advance. 3. Meetings shall be open to the public as required by state law. 4. Regular meetings shall be held in the first week of January, March, May, July, September and November. The May meeting shall be designated the "annual meeting."