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HomeMy WebLinkAboutAgenda Packet 05/29/1984 PUBLIC NOTICE • NOTICE IS HEREBY GIVEN that the Atascadero City Council meeting scheduled for Monday, May 28, 1984 has been changed to Tuesday, May 29, 1984 , at 7:30 p:m. in the Rotunda Room of the Atascadero Administration Building, Atascadero, California. Dated: May 17, 1984 E RGI RAMIRE , Deputy ty Clerk City o Atascadero, Ca ornia • • AGENDA ATASCADERO CITY COUNCIL •Regular Meeting May 29, 1984 7:30 p.m. Atascadero Administration Building Calf to Order Pledge of Allegiance Invocation Roll Call Public Comment Presentations may be made on the following items:' 1. Donation of an Olympic-size swimming pool 2. Petition for reconsideration of Sphere of Influence decision 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 regular meeting of May 14, 1984 (RECOMMEND APPROVAL) 2. Lot Line Adjustment LA810320:1, 5560 Nogales Street, (Ptn. 2 and 3, Block OA) , Kendall Gallanger, to extend the time allowed to complete requirements for an approved lot line adjustment (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOM- MENDATION) 3. Tentative Parcel Map at 810305:1, Palo Verde Road (Ptn. Lot 7, Block 95) , William Fortington, to extend the time allowed to complete requirements for an approved tentative map (REC- OMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 4. Acceptance of Final Lot Line Adjustment 2-84, 7454 Tecordia (Lot 32, Block OB) , Wally La Freniere (Stewart) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) B. HEARINGS, APPEARANCES, AND REPORTS' 1. Recreation Department Quarterly Report C. UNFINISHED BUSINESS 1. Ordinance No. 81 amendingMa No. 18 of the official zoning P g maps of the City of 'Atascadero by. prezoning certain property on Gabarda Road (Sewer Treatment Plant) to P (Public) -second reading D NEW BUSINESS 1. Annual ratification of the San Luis Obispo County and Cities Area Planning and Coordinating Council JPA Agreement 2. City of Pismo Beach request to protest PC & E rate increases E. ATASCADERO COUNTY SANITATION DISTRICT (Council will recess and convene as the Atascadero County Sanita- tion District Board of Directors) 1. Discussion regarding City of Atascadero' s request to the Local Agency Formation Commission for sewer annexation fee waiver 2,' Revision to agreement for Treatment Plant design services 3. Discussion of Treatment Plant transfer procedures (The Board of Directors will adjourn and reconvene as City Council) 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 to consider personnel matters, no announcement after the closed ' session is anticipated • 2 ' MEETING OF 5/29/84 INVOCATION GIVEN BY: r, ROLL CALL: PUBLIC COMMENT: -r �It COUNCIL COMMENT: • 0 ITEM NO. A 1-4 SUBJECT: CONSENT CALENDAR MOTION BY: SECOND BY: VOTE: MOLINA NELSON WILKINS STOVER MACKEY ITEM NO. g-.l SUBJECT: Recreation Department Quarterly Report MOTION BY: SECOND BY: VOTE: MOLINA NELSON WILKINS STOVER MACKEY ITEM NO. C-1 SUBJECT: Ordinance No. 81 amending Map No. 18 of the official zoning maps of the Ci ty on Gabarda Rd. (Sewer Treatment Plant) to P (Public) - second reading. MOTION BY: SECOND BY: VOTE: MOLINA NELSON WILKINS STOVER MACKEY ITEM NO. D-1 SUBJECT• Annual ratification of the San Luis Obispo County and cities A ea Planning MOTION BY: SECOND BY: 9OTE: MOLINA NELSON WILKINS STOVER MACKEY 0 • ITEM NO. D-2 SUBJECT: City of Pismo Beach request of protest PG & E rate increases. MOTION BY: SECOND BY: VOTE: MOLINA NELSON WILKINS STOVER MACKEY ITEM NO. E-1 SUBJECT: Discussion regarding City of Atascadero's re- quest to the oca gency Formation Commission tor sewer annexation Fee - waiver MOTION BY: SECOND BY: VOTE: MOLINA NELSON WILKINS STOVER MACKEY ITEM NO. E-2 SUBJECT: Revision to agreement for Treatment Plant design services. MOTION BY: SECOND BY: VOTE: MOLINA NELSON WILKINS STOVER MACKEY ITEM NO. E-3 SUBJECT: Discussion of Treatment Plant transfer procedures MOTION BY: SECOND BY: &OTE: MOLINA NELSON WILKINS STOVER MACKEY 5-29-84 0 9 INDIVIDUAL DETERMINATION AND/OR ACTION CITY COUNCIL: CITY ATTORNEY: CITY CLERK: CITY TREASURER: CITY MANAGER: MEETING ADJOURNED AT P.M. TO A CLOSED SESSION. CLOSED SESSION ADJOURNED AT P.M. MEETING ADJOURNED AT P.M. [NO AGENDA rVe---I�_e IT MINUTES - ATASCADERO CITY COUNCIL Regular Meeting ay 14, 1984 tascadero Administration Building The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. Invocation was given by John Hammond of the Four Square Church. ROLL CALL Present: Councilman Molina, Stover, Nelson, Wilkins ,and Mayor Mackey. Absent: None STAFF: Present: Murray Warden, City Manager; Ralph Dowell, Finance Director; Allen Grimes, City Attorney; Georgia Ramirez, Deputy City Clerk; Mike Hicks, Fire Chief; Skip Joannes Recreation Director; Jerry Linenkugel, Acting Police Chief Barbara Norris, City Clerk; Wayne Loftus, Interim Planning Director and Steve Rizzuto, City Treasurer. INTERVIEW/APPOINTMENT OF BOARD OF APPEALS APPLICANT Two applicants, Terry Hargrave and Dave Grummtt, were interviewed by the members of the Council. OTION: By Councilman Wilkins, seconded by Councilman Molina to appoint Dave Grummitt "to the Board of Appeals. Passed unanimously by roll call vote; PUBLIC COMMENT None COUNCIL COMMENT" None A. CONSENT CALENDAR 1. Minutes of the regular meeting :of April 23, -1984 (RECOMMEND APPROVAL) 2. TentativeParcelMap 16-84, Gary Calkins (Twin Cities Engineering) to allow modification of condition number 9 requiring road improve- ments of 'Halcon Road. (RECOMMEND 'APPROVAL OF PLANNING COMMIS'SION'' RECOMMENDATION. ) 3. Tentative Parcel Map 5-84 , Steven Mallory (Twin Cities Engineering) to divide a 10. 2 acre parcel into two parcels of 5.1 acres each. (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION. ) 4. Award of bid for Weed Abatement, Bid No. 84-5, Part I and II • (RECOMMEND BID BE AWARDED TO VINEYARD DRIVE MOWERS) 5. Award of bid for Weed Abatement, Bid No. 84-5, Part III (RECOMMEND BID BE AWARDED TO S & K WEEDMOWING) 5-14-84 6. Treasurer' s Report 4/1/84 to 4/30/84 (RECOMMEND APPROVAL) 7 . Finance Directors Report - 4/1/84 to 4/30/84 (RECOMMEND APPROVAL) • MOTION: By Councilman Wilkins, seconded by Councilman Nelson to approve items A 1-7 of the consent calendar. Passed unanimously by roll call vote. B. HEARINGS, APPEARANCES, AND REPORTS 1,. Report No 28 of the City Attorney City Attorney, Allen Grimes, gave report. 2. Presentation of the Public Facilities Stud and Plan by Quad Consultants John Ca.rollo Engineers Harry Tow and his son gave the presentation and presented the various alternatives which they considered. They concluded that a satellite fire station was not needed at this time and that there was _enough space in the administration building to meet foreseeable city needs: MOTION: By Councilman Nelson, seconded by Councilman Molina to table this item and put it on the agenda for the meeting of July 9. Passed unanimously. 3. Status report concerning alternatives for improvement of parking • in the downtown area Murray Warden, City Manager, said that not a great deal had been accomplished to date but that Public Works and the Planning Depart- ment are working on the problem. C. UNFINISHED BUSINESS 1. Ordinance No 80 amending Ordinance No. 67 to read Chapter 16 to Title 2 of the'Atascadero MunicipalCode relating to claims against the City second reading MOTION: By Councilman Nelson, seconded by Councilman Molina to read by title only. Mayor Mackey read Ordinance No. 80. ` MOTION: Councilman Nelson, seconded by Councilman Wilkins that this constitutes second reading and to adopt Ordinance No. 80 Passed unanimously by roll ,call vote. 2. Discussion of resignation of the City Treasurer MOTION: By Councilman Molina, seconded by Councilman. Wilkins to accept resignation of City Treasurer, Steve Rizzuto, effective 5/31/84 .• Passed unanimously. 5/14/84 9 0 3. Public hearing for objections on the Weed Abatement Program OTION: By Councilman Nelson, seconded by Councilman Wilkins to proceed 40 with weed abatement program. Passed unanimously. 4 . Resolution No 24-84 recommending approval of General Plan Amendment 1B-84 to include-a statement which encourages establishment of additional Icommercial and light, clean industrial, uses on suitable sites. MOTION: By Councilman Wilkins, seconded by Councilman Molina to adopt Resolution No. 24-84. Passed unanimously by roll call vote. 5. Resolution No 25-84 granting appeal to a condition of the Planning Commission requiring 168 parking spaces for a 95 unit Senior Citizens Rental Project at 10165 El Camino Real (Young) MOTION: By Councilman Wilkins, , seconded by Councilman Stover to adopt Resolution No. 25-84. Passed unanimously by roll call vote. 6. Ordinance No 81 amending Map No 18 of the official zoning maps of the City of Atascadero by prezoning certain property on Gabarda Road (Sewer Treatment Plant) to P (Public) - Hirst reading MOTION: By Councilman Wilkins, seconded by Councilman Nelson to read by title only. Ordinance No. 81 was read by Mayor Mackey. MOTION: By Councilman Nelson, seconded by Councilman Wilkins that this constitutes first reading. D. NEW BUSINESS None E. ATASCADERO COUNTY SANITATION DISTRICT None F. INDIVIDUAL DETERMINATION AND/OR ACTION CITY COUNCIL Mayor Mackey said she has been contacted by a member of the Swim Club regarding applying for a gift of an olympic pool. "A presentatioi7f - will be made at the next council meeting. CITY ATTORNEY None CITY CLERK None -3- 5-14-84 CITY TREASURER None CITY MANAGER The State Department of Finance certification of population for the City of Atascadero is 18,194 . Mr. Warden informed the Council that future population estimates, in the next 5 years until the next census, would have to be validated by a locally conducted and funded census. Meeting adjourned at 8 : 58 p.m. to closed session. Closed session adjourned at 9 :30 p.m. Meeting adjourned at 9 :31 p.m. Recorded by: Barbara Norris, City Clerk Georgia Ramirez, Deputy City Clerk ' ---ITEM M E M O R A N D U M • TO: CITY MANAGER May 22,' 1984 FROM: PLANNING DIRECTOR SUBJECT: LOT LINEADJUSTMENTLA 810320 :1- LOCATION: 5560 Nogales Street (Ptn. Lots 2 and 3, Block OA) APPLICANT Kendall Gallanger REQUEST: To extend the time allowed to complete requirements for an approved lot line adjustment. - On May 21, 1984, the Planning Commission reviewed the above-referenced subject and unanimously approved a time extension to April 27, 1985. There was no discussion as the matter was considered as part of the Consent Calendar. No one appeared on the matter. WAY LOFT 5 RRAY WARDEN Planning Director Eity Manager PS CITY OF ATASCADERO Planning Department artment • STAFF REPORT SUBJECT: LOT LINE ADJUSTMENT LA 810320:1 LOCATION: 5560 Nogales Street' (Ptn. Lots 2 and 3, Block OA) APPLICANT: Kendall Gallanger REQUEST: To extendthe time allowed to complete requirements for an approved lot line adjustment. BACKGROUND 1.` Existing Zoning: RSF-Y 2. General Plan: Moderate Density Single Family Residential 3. Site Conditions: The site is generally flat near the front to steeply sloping in the near. Both lots are presently developed with single family residences. The lots have frontage on Nogales to the west. • 4. Project Description: The-applicant `is 'requesting a one year time extension for filing a final lot line adjustment map. 5. Prior Action. On April 27, 1981 the City Council approved Tenta- tive Lot Line' Adjustment LA810320:1 subject to certain conditions. On July 12, 1982, the City Council approved a time extension to April 27, 1983. And, ;on June 27, 1983 the Council approved a second time extension to April 27, 1984. At that time the appli- cant was informed that it would be the final time extension. Since then, State law has changed allowing the City' s Lot Division Ordinance to permit a third time extension. On May 3, 1984, the Subdivision Review Board discussed the third time extension and had not comments or concerns. STAFF COMMENTS There have been no changes to development standards or requirements that affect this project. The applicant has been made aware ofthefact that this is the final time extension that can be granted under current law. RECOMMENDATION The Planning P PP Department recommends approval of the time • extension subject to the Findings and Conditions set forth at the time the project was originally approved. Approval of this one year time extension shall expire on April 27, 1985. '. _. � � � , - 0 ,�_ ',�,­'.',� 3 T" ' _4 _ 1 'M. : S.y Y S q l -11 t ^' 1 a - r t g i t a t 1 . t '* i., x. 3 ,i __ t - r�'-J ^'E,-' m '' - 14_ _ :FNO. / /.O, a�'EM Y11 '.` Y ix t�,, a*�..A s'� LY #'.,� /Na .c'CCatO,AcGEPTEp #'* si Fae r'Rao Ooe �' - �? 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Cl .. ..� a A < zo/',v: �W n. _mak__ 11 I`P / a=0'36 59"' Q c/-7/a 83' 4..20.00"vY :`.p p. `R ` 4 8/0��0' d° 0'36 W 'J V F=/9io g3.•< .2o.02'Cb( l ,/� �� // -�d--2'09:3.3"R=/9/O.B3'.0 72.0/�/Y (TOTAL o(° I - $ / /Y/�/ /j�� 4 ,s = , SqN N�° O AVE. T 78. {� - rrl �`m i J N —i O D "U z z N sus Olu r r m m D x O H I m a8W 94 1` \0 wa Z > CC N,S zA 2 S W O Al C ;u A O Z O C z� m r �'° ! ;u N ; D 5 v. 44°13 Wcb �1 s v ,•'�'O .p m or I e 332.97 a z /1 n U1 m q0 {gyp h m z ? m n Z�� m °w N o C & +� yrn DD M. 0 � O N > n 'C z O D Q 2 -r, .� 5 37°IIS W J 205.96 G z C � isa wy 3 s9 %* oY \ N O mrq a E G \ 9a y\ ° O A Z W rn ti4 D \J N� owr O n � \ r c0 � —�aP`�t• j �v o d Ge- z o � � . D N lD N) MMNG AGENDA • MEM0RAND 'UM TO: CITY MANAGER May 22, 1984 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE PARCEL MAP AT 810305:1 LOCATION: Palo Verde Road (Ptn. Lot 7, Block 95) APPLICANT: William Fortington REQUEST: To extend the time allowed to complete requirements for an approved tentative map. On ,May 21, 1984, the Planning Commission reviewed the above-referenced subject and unanimously approved a, time extension to May 11, 1985. • There was no discussion as the matter was considered as part of the Consent Calendar. No one appeared on the matter. WAYNE-LOFTU_SMVRRAY WARDEN Planning Dir ctor ity M ager ps • • CITY OF ATASCADERO Planning Department STAFF REPORT SUBJECT: TENTATIVE PARCEL MAP AT 810305:1 LOCATION: Palo Verde Road (Ptn. Lot 7, Block 95) APPLICANT: William Fortington REQUEST: To extend the time allowed to complete requirements for an approved tentative map. BACKGROUND 1. Existing zoning: RS 2. General Plan: Suburban Single Family Residential 3. Site Conditions: The topography varies across the site with • slopes ranging from 10% and less near Palo Verde Road, to 30% and greater near the southwesterly edge of the property. The site is heavily wooded, with the upper third covered in chaparral. A trailer, shed and 50 gallon per minute well exist on the pro- posed Parcel A. Access to Parcel A is a dirt driveway off of Palo Verde Road. Some of the surrounding parcels are developed with standard single family dwellings. City sewer and water are not available. 4. Property Description: The applicant is requesting a one year time extension for filing a -final parcel map for a land division of 12 acres to create two parcels of 5 acres each. This is the third and final such request that the law now allows. STAFF COMMENTS On May 11, 1983, the City Council approved Tentative Parcel Map AT 810305:1. On June 10, 1982, the Subdivision Review Board met to review the first time extension and indicated that there was no reason not to grant the time extension (which was granted on' June 28, 1982) . On May 3, 1983, Staff discussed a second time extension request with the applicant and indicated that this would be the final time extension that could be granted under the current lot division ordinance. Since that time, State law has changed allowing ' i Tentative Parcel Map a810305:1 a third time extension. Review of the five performance criteria contained in the Zoning Ordinance for minimum lot size indicates that this proposal meets those development standards. Performance criteria breakdown is as follows: lot size factor Average slope (20%) . 75 Distance from center (18-20000) .75 Septic suitability (severe) 1. 50 Road access (all weatherI15% slope) 1. 00 General neighborhood character (5. 80 acres) 1. 16 Required Minimun Lot Size: 5. 16 acres RECOMMENDATION The Planning Department recommends approval of the time extension subject to the Findings and Conditions set forth at the time the project was originally approved. 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IV 35^5 p o I I 40 I O � I I I I I _ I O I F KYJh �"'•' Ito Z n H O 3t c cn I siB I mmI� t C WI o - r ,♦ Np ...•38.23•W. ^ 68 0 ^� Im O - IM f a to i a ZI I p IN X728.73 h l} aw i I � I l' CA O35 55 O Z O V Q' t�11 VJ f MEETiN".37 AGENDA EM • M E M 0 'R A N D U M TO: CITY MANAGER May 22, 1984 FROM: PLANNING DIRECTOR SUBJECT:U JECT: Acceptance of Final Lot Line Adjustment 2-84 LOCATION: 7454 Tecorida (Lot 32, Block OB) APPLICANT: Wally LaFreniere (Stewart) On March 26, 1984, the City Council approved Lot Line Adjustment 2-84, subject to certain conditions and in concurrence with the recommenda- tion of the Planning Commission. - The zoning is LSF-Y and LSF-Y(FH) the General Plan designation is Low Moderate Density Single Family Residential. Staff review has deter- mined that all conditions of approval have been met. On May 21, 1984, , the Planning Commission reviewed the matter on its Consent Calendar and recommends acceptance of the Final Map. . WA LOFT S, UAY WARDEN Planning Director C ty M ger Ps • 1 4 i�IZI! 1� a .h AN l a z„ All, r S e � 9 rF k � �� (� ��r 1t �^'i i 3 '%"• �& '^�_ b' C �. ""•r e � .3 c VI14 � s t i 04 `t V ,aeel ro A � � I�- � J, • � `:�; �+ �'p- �,� �� -� : ., it , � � �� � F ,�- e �y • � R� '.. .� � ii'" ��. �\�� yt, t .. � J,�rt cc-p+wav�7 irir �.'. ,.w �004� iF `c 5 n 3�3 a N c.'JS fig,3r.* '�"rarro esti �l n `. 7,�Ii✓.t 1T—iii— fin. R a $. v yyI a Rna.,d roi�o�1 ppltaly^ .2Vt 0� t VZ Q� - 1 MEETING AGENDA o7 ITEM • ORDINANCE NO. 81 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING MAP NO. 18 OF THE OFFICIAL ZONING MAPS OF THE CITY OF ATASCADERO BY PREZONING` CERTAIN PROPERTY ON GABARDA ROAD (SEWER TREATMENT PLANT) TO P (PUBLIC) . WHEREAS, the proposed Zone Change will amend the Zoning Map to be consistent with the Land Use Map of the General Plan as required by Section 65860 of the California Government Code; and, WHEREAS, the 'proposed Zone Change is in conformance 'with Sections 65800-65863.8 of the California Government Code covering modification of zoning and particularly Section 65859 covering prezoning;` and, WHEREAS, the proposed Zone Change will not have a significant ad- verse effect upon the environment and the preparation of an Environ- mental Impact Report is not necessary. NOW, THEREFORE, ,the City Council of the City of Atascadero does ordain as follows: . Section 1. Zoning Change. Map No. ;18 of the Official Zoning Maps of the City of Atascadero on file in the Planning Department is hereby amended to prezone the property described in Exhibit "A" to P (Public) . Section 2. Zoning Map. Map No. 18 of the Official Zoning Maps of the City of Atascadero on file in the Planning Department is hereby amended as shown on at- tached Exhibit "B" which is hereby made a part of this Ordinance by reference. Section 3. Publication. The City Clerk shall cause this Ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this Ordinance and shall cause this Ordinance and this certification together with proof of posting to be entered into the Book of, Ordinances of this City. ' ' Section 4. Effective Date. • This Ordinance shall go into effect and be in full force and ef- fect at 12:01 a.m. on the 31st day after its passage. Ordinance No. 87 The foregoing Ordinance was introducd on and • adopted at a regular meeting of the City Council held on AYES: NOES: ABSENT MARJORIE MACKEY, Mayor ATTEST: BARBARA NORRIS, City Clerk APPROVED AS TO FORM: ALLEN GRIMES, City Attorney AP O AST CONTENT: MU Y/ WARDEN, City Manager • 2 `'. .+ ORDINANCE NO. 8110 . EXHIBIT "A" STATE OF CALIFORNIA QUITCLAIM DEED Pursuant to the provisions of Chapter 762, Statutes of 1979, the STATE OF CALIFORNIA, through its duly appointed, qualified and acting Director of General Services, hereby quitclaims to Atascadero County Sanitation District, all its right, title and interest in and to the following described real property in the County of San Luis Obispo, State of California: All that portion of real property of the unrecorded Lot 3 of Rancho Atascadero, County of San Luis Obispo, State of California, lying adja- cent to and southerly of Block 9 of the Atascadero Colony as shown on a map in Book 3A, page 7 of Maps, in the office of the County Recorder. County of San Luis Obispo, lying easterly of the easterly right of way ; line of the Southern Pacific Railroad, and lying northerly of the south- easterly boundary and its northeasterly extension, of the existing Atascadero County Sanitation District disposal facilities designated as Phase I on Exhibit "A" of that Agreement recorded in Book 1816, Page 812, Official Records, in the office of the County Recorder in said County, more particularly described as: Beginning at the south corner of said Block 9, being a point on the easterly line of the right-of-way of the Southern Pacific Railroad; thence, along the southeasterly line of said Block 9, North 39 22' East, 2500 feet, more or less, to the centerline of the Salinas River; thence, along said centerline, South 120 45' East, 3300 feet to a point; thence, continuing along said centerline, South 57° 55' East, 350 feet, more or less, to a point on the northeasterly extension of said south- easterly boundary of said Atascadero County Sanitation District disposal facilities; thence, southwesterly along said extension and boundary,'South 27° 21' West, 1650 feet, more or less, to the south corner of said facilities, said corner lying on the said easterly line of said railroad right-of- way; thence, along said right of way line, North 62° 39' West, 365.00 feet, more or less, to the beginning of a curve concave to the northeast, whose radius is 1950.00 feet; thence, continuing on said right of way, along the arc of said curve, a distance of 1480.00 feet through a central angle of 430 29' to a point; f thence, continuing along said right of way, North 190 10' West, 1775.00 feet, more or less, to the point of beginning. EXCEPTING AND RESERVING THEREFROM all mineral deposits as defined by Section 6407 of the Public Resources Code. IN WITNESS WHEREOF, the State has caused this Quitclaim Deed to be executed this .t/ day of 19J'i STATE OF CALIFORNIA DEPARTMENT OF GE14ERAL SERVICES DAVID E. JANSSEN, DIRECTOR By APPROVED: EDWARD Chief Land Agent STATE PUBLIC WORKS BOARD Real Estate Services Division J HN H. BROOKS - ss,stant ROOKS _ssistant Administrative Secretary SS-19/PD-64 Y •�s ��' ��. � r%fit r� ..,:`J;Cry/; •�� \� � �/�: � '�l -b ;o'� __ • , r % r i �..�- l .rte`, ` � % .I� `\ .� Y V ((%�ypj 3�l/r / ". \ �-'=�,.�s..'�±� '• — Cts : ,• i \,/ - ���� \I ,_ � 1��`{�.. e:J/.�• ti :�J\ 1'-1-r � t.F•�,h i ..� i i y �_� �,. TIC �-\ �.�r�,.,,� 6ter\ �' r- +I;l- , '�:• >�:���. �,..F _ �� (; 'V. \tel f_____./ • L. r ,�_ \ ��\/j=.y J�_` t !. A .�� ,!- � k .�.j�Y. V. \\ r�// \' lam,•��._` A-�--.��'�?T� w^>S. s—� ` '' 1�+t r,� _ �}�� ���'\( �'• ,,� �L a - �" . - � \\ .fie,/ rs �t ', D `�e 1 "-'\i ) £�< li 1t/` �.. /� `�"`• 1"Y"i �i�_ �' /, \\ ✓_ � T !F� {• f \\ a ��\S`_ �. )1���(�: �� .��S IC //�:� � a �Y ?s''�� 7 .✓ � ,.,` f'^ � [y ,I� ,�1 `� '_'T. a '41 ORDINANCE NO,. 81 EXHIBIT °B„ Gabarda Road s �" ' Prezoning to P (Public) MEETING AGENDA TO: CITY ;COUNCIL FROM: CITY MANAGER • SUBJECT: SAN LUIS OBISPO COUNTY AND CITIES AREA PLANNING COORDINATING COUNCIL In re: Letter regarding annual ratification and name change of the Area Council JPA agreement DATE: May 22, 1984 M E M O R A N D U M The attached correspondence regarding the annual ratification of the JPA agreement establishing the San Luis Obispo County and Cities Area Planning and Coordinating Council has two items of significance. The first is a recommendation which is still being attempted that the name be changed to the San Luis Obispo Area Council of Govern- ments. We have, in the past, resisted this change on the premise that SLO COG gives the impression of being another govern- mental agency with directive and operational authority; whereas, the existing name carries the meaning that this is a cooperative body formed for the mutual interests of the Cities and the County. This item was debated rather strenuously during the initial JPA formation with the discussion then to move to the more lengthy, descriptive title. Nevertheless, this has been an annual proposal, and I suggest it will probably be passed this year. The other area of concern involves the voting representatives on the Coordinating Council Board. When the JPA was originally drafted, there was a long dis- cussion about voting compensation, and the Board of' Super- visors was adament that the County have all five members represented on the voting Board'. At that time, the Cities' views were overridden because of a fear that the County could effectively cut off a city's access to their Trans- portation Act Funds Once again the issue of voting balance has again been raised, and as I understand it, it will be an item of dis- cussion among iscussion 'among the Mayors and Managers in the County. Since, however, we are compelled to ratify the JPA document • in order to ensure continued flow of funds, we do not have time to change the content of this document prior to the July 1 effective date. Therefore, if you are so inclined, I would suggest by motion that you approve the ratification, but express your collective concern • as to the name change and the voting structure. I would also suggest that if you are so inclined, you direct the City Manager to pursue, along with other cities, amendment of the JPA document prior to next year' s ratification.- • 2 • San Luis Obisff Count and ;les farroyo�ranae YAtascadero Grover City Morro Bay '"qw Arca Planning and Coordinating Council Paso Robles Pismo Beach San Luis Obispo San Luis Obispo County April 30, 1984 MAY 1 N4 CITY MGR. Murray L. Warden, City Administrator City of Atascadero P. 0. Box 747 Atascadero, California 93422 Dear Mr. Warden: SUBJECT: a. Annual ratification of the Area Council JPA b. Consideration of a name change The San Luis Obispo County and Cities Area Planning and Coordinating Council was created through a Joint Powers Agreement (JPA) with its member agencies. The attached agreement specifies the purpose, powers, member- ship, staffing and financing of the Area Council. Section IV of this Agreement requires its annual ratification by its member agencies. During the prior ratification process, the member agencies amended the Agreement changing the name from the San Luis Obipo County Area Council of Governments (SLOCOG) to the San Luis Obispo County and Cities Area Planning and Coordinating Council (SLOCCAPCC). Due to the cumbersome nature of the present name, staff is suggesting that each member agency consider a shortened name as approved by the Area Council at its next meeting on May 3. A copy of the staff report is attached notifying members of the need for the annual JPA ratification and a request for a shortened name. Several suggestions are made with staff recommending that the name be shortened to the San Luis Obispo Area Coordinating Council. Accordingly, your governing body is respectfully requested to ratify the JPA by resolution or minute order and support the Area Council action on May 3, 1984, on the change of name of the Area Council. Please forward a copy of your action to the Area Council office at your earliest convenience. Thank you for your prompt attention. inc rel , UL C. C. CP Executive Dire or tachment County Qovernment Center, San Luis Obispo, Co. 93408, (805) 549-5710 ms/2221 JOINT POWERS AGREEMENT SAN LUIS OBISPO COUNTY AND CITIES AREA PLANNING COORDINATING COUNCIL THIS JOINT P014ERS AGREEMENT is made and entered into this 17th day of January, 1976, and amended November 4, 1982 by and among such of the incorporated 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 le 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 JOINT POWERS AGREEMENT PAGE 2 WHEREAS, Section 29532, California Government Code, provides that such a Planning and Coordinating Council shall be designated the regional transportation planning agency to act in matters of transit and transportation planning; and 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 legislation 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. JOINT POWERS AGREEMENT PAGE 3 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 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 1. 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. JOINT POWERS AGREEMENT PAGE 4 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 removed by a majority vote of their respective governing bodies. Vacancies among representatives shall be filled in the same manner as the first 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 JOINT POWERS AGREEMENT PAGE S 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 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 applicable 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 JOINT POWERS AGREEMENT PAGE 6 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 as provided 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 transportation 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. 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. JOINT POWERS AGREEMENT PAGE 7 S. For purposes of conducting business, there shall be present a quorum consisting of a majority of representatives, including two COUNTY representatives. 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 consistent 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. 4) Shall be an ex-officio member of all committees. JOINT POWERS AGREEMENT PAGE 8 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 officer'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 ratification. 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. JOINT POWERS AGREEMENT Page 9 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 recommen- dation of the Executive Director and to serve at the pleasure of the Area Council. 2. The Executive Director of the Area Council shall have charge of, handle and have access to, any property of the Area Council. 3. The Executive Director, 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. JOINT POWERS AGREEMENT PAGE 10 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." 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. JOINT POWERS AGREEMENT PAGE 11 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 individual deemed qualified to serve on a committee. Standing committees shall include the Administration Committee, comprised of all managers and administrators 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 JOINT POWERS AGREEMENT PAGE 12 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 1. 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. 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 JOINT POWERS AGREEMENT PAGE 13 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 the payment of further 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 contribution, 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. 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. SAN LUIS OBISPO COUNTY AND CITIES AREA PLANNING COORDINATING COUNCIL RESOLUTION NO. 83-39 RESOLUTION RATIFYING THE JOINT POWERS AGREEMENT OF THE SAN LUIS OBISPO COUNTY AND CITIES AREA PLANNING COORDINATING COUNCIL FOR FISCAL YEAR 1983/84 The following resolution is now offereed and read: WHEREAS, the San Luis Obispo County and Cities Planning and Coordination Area Council has been created 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 reional plans; to serve as a regional agency for certain federal and state programs; and for other actions commensurate with the desiresof the member governments; and WHEREAS, the Joint Powers Agreement for the creation and operation of the San Luis Obispo County and Cities Area Council Planning and Coordinating provides in Section IV, Subsection b ". . . subsequent annual ratification." WHEREAS, said agreement was distributed and ratified by each member agency as portrayed in Exhibit "A", attached hereto. NOW, THEREFORE, BE IT RESOLVED, as follows: The Joint Powers Agreement for the creation and operation of the San Luis Obispo County and Cities Area Planning Coordinating Council is hereby ratified for Fiscal Year 1983/84. On motion by Delegate Jorgensen seconded by Delegate Kean and on the following roll call vote, to-wit: AYES: Delegates Jorgensen, Kean Diefenderfer, Kupper, Stover, NOES : Dovey and President Coy. ABSENT: Delegates Brackett, Gallagher, Shelton, Monroe and Eldwayen. The foregoing resulution is hereby adopted. President! William Coy San Luis Obispo County and Cities Area - Planning Coordinating Council APPROVED AS TO FORM AND LEGAL EFFECT: By C Coun Counsel Dated: (I - ! $- Sf3 AT EST eZ Secretary--to the San L s Obispo County and Cities Area Plan ng Coordinating Council EXHIBIT A Attached hereto include the actions of each member agency ratifying the Joint Powers Agreement for FY 1983/84 and the aforementioned amendment. Arroyo Grande Resolution #1696 Atascadero Certification, dated May 9, 1983 and May 23, 1983 Grover City Resolution 83-41 and Resolution 85-54 Morro Bay Resolution 56-82 Certification dated May 23, 1983 Paso Robles Certification dated May 5, 1983 and May 17, 1983 Pismo Beach Certification, dated April 25, 1983 and May 23, 1983 San Luis Obispo City Resolution 5119 (1983) County Board of Supervisors Action of September 6, 1983 i mcl8/1369k /'v4i C 11NV _ITEM .� RECEIVED MAY 2 11984 • CITY OF PISMO BEACH, -CALIFORNIA CITY HALL CITY MGR. 1000 BELLO ST.` • P.O. BOX 3 PISMO BEACH, CALIFORNIA, 93449 TELEPHONE 805/773/4657 May 18, 1984. Marge Mackey, Mayor City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 RE: PG&E's expected request for an electric rate increase to pay for Diablo Canyon Losts Dear Mayor Mackey: Our City Council has recently expressed outrage against the proposed Pacific Gas and Electric Company's rate increase. The rate increase is intended, according to the newspaper accounts,, to offset some $300,000,000 per year in additional costs of operating the Diablo Canyon Nuclear Power Plant. We do not teel that we are legally or morally responsible for paying for the incompetencies of PG&E and their contractors. At the Council 's request, I am • asking for your support in our opposition of any increases in PG&E rate increases to pay tor Diablo shortcomings. It PG&E is granted their request, they and any other utility with similar design problems and irresponsible attitudes will be very unlikely to change their attitude to the public and its customers. They should be made to be responsible for their mistakes and bad judgement. During the very early phases of the construction, when it became known that the plant was being built on a site in very close proximity to an active earthquake fault, it was suggested that the project be abandoned. But rather than, taking the prudent approach and stop the construction, -PG&E plunged into greater and greater debt, all the while creating more and more mistakes_ and, unfortunately, spending more and more money fixing the mistakes. < It is my feeling that all costs attributable to mistakes, errors or redesign to upgrade the earthquake reliability of the plant 'after the discovery of the Nosgri fault should not be paid by the customer. All of those costs should be paid by PG&E and its stockholders since they are responsible for these costs. I urge you to join us in our tight against- this highly .inappropriate fee increase. Please intorm the Public Utilities Commission of your concerns. Sincerely Gf P.,, 1 4,, Will Richardson Mayor MFEjj' G AG7NDA MAY 2 21984 CITY MGR. • M E M O R A N D U M TO: Murray L. Warden 77� , 7rz4 FROM: Larry McPherson SUBJECT: Revision of Design Contract WastewaterTreatmentFacility It is recommended that the Atascadero County Sanitation District Board amend the service contract with Engineering-Science Inc. from a total price` ceiling of $38,998.00 to $42,776.00. This amendment is due to an under- estimate of the total work time required of the design consultant on the new wastewater treatment plant. A delay in the start of construction, due to grant difficulties, and cer- tain unforeseen design changes caused time overruns in the original contract. Since these items were beyond the control of the contracting firm, Engineering- Science, Inc., it is recommended that the added time incurred by that firm be compensated through this contract agreement. The attached Memo from County Engineering further explains the request. Three copies of the agreement revision are attached for the Board's action. LARRY MC PHERSON 5/21/84 LM:ph cc: Allen Grimes, City Attorney °18500 SH LUIS OBISPO COURTY COUNTY GOVERNMENT CENTER • SAN LUIS OBISPO,CALIFORNIA 93408 • (805)549-5252 GEORGE C. PROTOPAPAS County Engineer CLINTON MILNE R F_ C F Y V D DEPl7TY CCKINTY ENGINEER GUY DREW ITr COUNTY SPECIAL DISTRICTS AOMMISTRATOR MAY 171984 ENGINEERING . DEPARTMENT ALLEN GPiME$ ROADS May 1O , 1984 TRANSPORTATION FLOOD CONTROL WATER CONSERVATION COUNTY SURVEYOR SPECIAL DISTRICTS Mr. Allen Grimes P. 0. Box 749 Atascadero, CA 93423 Subject: Atascadero Water Reclamation Plant Dear Mr. Grimes: Enclosed per my telephone call of Wednesday, July lb , 1984, are three copies of a draft of an agreement between the Atascadero County Sanitation District and Engineering-Science, a consulting engineering firm. We would appreciate your review with respect as to form and legal effect . Engineering-Science is the consulting engineering firm which, during the construction phase of this project, provided a review of all the shop drawings and attended the preconstruction conference as well as provided us with information from time to time regarding the project plans which they developed. Towards the end of the project, they also reviewed the equipment and insured than the equipment was functioning in a proper manner. Their agreement with the Atascadero County Sanitation District has a clause indicating a total price ceiling of $38,998. We wish to amend this amount to a total amount of $42,775.72. Due to the length of the construction period, the amount of work that they had to do was larger than anticipated when the agreements were last amended in 1932. We are, therefore, recommending an increase in the total price ceiling in order that we can pay them for all the expenses they incurred ,in completing the project for us . I attempted to reach Larry McPherson who I dealt with in the past concerning this project but was unable to reach him because he was ill We would appreciate you reviewing the project as to legal form and, if it is satisfactory, returning the agreements to us . If it is unsatisfactory, please send us back a copy with your comments and we will change it appropriately. Thank you for your help in previous matters and this matter as well . If you have any questions or comments , please contact us . Sincerely, GEORGE C. PROTOPAPAS County Enginee TAN SAUDE Capital Projects Engineer SS/ds Encl . cc: Murray garden • • 0 AGREEMENT THIS AGREEMENT, made and entered into this _ day of 1984) by and between the ATASCADERO COUNTY SANITATION DISTRICT (hereinafter referred to as "DISTRICT") , and ENGINEERING-SCIENCE, INC. , a California Corporation of Arcadia, California (hereinafter referred to as "ES") ; WITNESSETH WHEREAS , DISTRICT, by AGREEMENT dated 22nd day of "Tay , 1978 (hereinafter referred to as "ORIGINAL AGREEMENT") , did erngaae ES to design and aid in the construction of new wastewater treatment facilities (hereinafter referred to as "PROJECT") ; and WHEREAS , DISTRICT and ES , by A,REEM :,NT dated the 17th day of November 1980 (hereinafter referred to as "SECOND AGREEMENT") , did modify certain elements of that design to reduce construction costs to fundable limits , and provided for certain required services* omitted from said ORIGINAL A J2EEME'NT; :and WHEREAS , an update of A/E labor rates for the construction phase (Step 3) of said SECOND AG'REEME'NT to reflect the actual rather than the anticipated construction start date was accomplished by Agreement date August 3 , 1982 ; and WHEREAS , Niue to the length of time period for construction, costs for consulting engineering services were larger than anticipated . NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the ATASCADERO COUNTY SANITATION DISTRICT AND H N TINEERING-SCI�;NCE, INC. that Paragraph 1 of the said Agreement dated August 3 , 1) 32 be and hereby is amended to read as follows : 1 . Amend Section 12 to read as follows : 12. Amend SECTION IV: C. 3. to read as follows : 3 . Basic Services , The Construction Phase . A breakdown of the estimated maximum level of effort and personnel for the Construction Phase Services as described in SECTION I1 :A. is presented on EPA Form 5700-41 , dated 12 July 19,32, attached hereto and incorporated herein by this reference. Individual work items under the Construction Phase Service authorized by t',-ie District will include a limitation on the maximum cost . The cost estimates and limitations for all work under the Construction Phase are as followz : (a) Total Estimated Cost . The Total Estimated Cost is $34,907 . (b) Fixed Fee . The Fixed Fee is $4,659 . (c) Contingency Allowance . The Contingency Allowance is set at $3 ,200. (d) Total Price Ceiling . The 'Total Price Ceiling including Fixed Fee may not exceed $42 ,776 without express prior written authorization of DISTRICT AND FmHA. IT IS FURTHER MUTUALLY AGREED by and between DISTRICT and ES that all terms and provisions of said ORIGINAL AGREEMENT and said SECOi l) A,REEMENT and tiie said Agreement dated August 3 , 1982 , not specifically amended 'ner_ein are , and shall remain , in full force and effect . THIS AGREEMENT shall be effective on and from the day and year first above written. 0 IN WITNESS WHEREOF, DISTRICT and ES have executed this AGREEMENT on the day and year first hereinabove set forth. ATASCADERO COUNTY SANITATION DISTRICT MURRAY L. WARDEN, Secretary By APPROVED AS TO FORM AND LEGAL EFFECT ENGINEERING-SCIENCE, INC. By City Attorney and Attorney for JORDON MAGNUSON, District Vice President APPROVED: FATIIERS HOME ADMINISTRATION By TO 7 i//'i (41 h1l r I , FROM + i COUNTY OF SAN LUIS OBISPO ,i, I e Dj c ENGINEERING DEPARTMENT "!' P r -, 3 �`� .Z`1`0lZ0ypo Government Center SUBJECT � 'rmIf ( i' l ,,Q San Lui po, California93408� l6 FOLD HERE 7,984 DATE Job Name 7— MESSAGE Job No— e ^�} ie f e"_ Wit, SIGNED DATE REPLY SIGNED RECIPIENT: RETAIN WHITE COPY, REPLY ON PINK COPY • AGREEMENT THIS AGREEMENT,_.made"-and entered into this 3rd day ofugti ,�$ X, by 'and between the ATASCADERO COUNTY SANITATION DISTRICT (her'j"At§1984 sometimes referred to as. "DISTRICT") , and ENGINEERING-SCIENCFALLIM 6p,r#ES California Corporation of Arcadia, California (hereinafter sometimes re- ferred to as "ES") ; WITNESSETH WHEREAS, DISTRICT, by AGREEMENT dated the 22nd day of May, 1978 (hereinafter referred to as "ORIGINAL AGREEMENT") , - did engage ES to design and aid in the construction of new wastewater treatment facilities (here- inafter referred to as "PROJECT") ; and WHEREAS, DISTRICT and ES, by AGREEMENT dated the 17th day of November, 1980 (hereinafter referred to as "SECOND AGREEMENT") , did modify certain elements of that design to reduce construction costs to fundable limits, androvided for certain required services omitted from said ORIGINAL AGREE- MENT: and WHEREAS, it is now desirable to update A/E labor rates for the con- struction phase (Step 3) of said SECOND AGREEMENT to reflect the actual rather than the anticipated construction start date; and WHEREAS, said labor rate updating may best be provided for by amend- ment to said SECOND AGREEMENT. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the ATASCADERO COUNTY SANITATION DISTRICT AND ENGINEERING-SCIENCE, Inc. that said SECOND AGREEMENT be and hereby is amended as follows: s 1. Amend Section 12 to read as follows: .12. Amend SECTION IV: C. 3. to read as follows: ' 3. Basic Services, The Construction Phase. A breakdown of the estimated maximum level of effort and personnel for the Construction Phase Services as described in SECTION ll:A. is presented on EPA Form 5700-41, dated 12 July 1982, attached hereto and incorporated herein by this reference. Individual work items under the Construction Phase Service authorized by the District will include a limitation on the maximum cost. The cost estimates and limitations for all work under the Construction Phase are as follows: (a) Total Estimated Cost. The Total Estimated Cost is $31,129. (b) Fixed Fee. The Fixed Fee is $4,669 (c) Contingency Allowance.The Contingency Allowance is set at $3,200. (d) Total Price Ceiling. The Total Price Ceiling including Fixed Fee may not exceed $38,998~without express prior written authorization of DISTRICT and FmHA.. 2. Amend Section 16 to read as follows: 16. Amend SECTION IV: C. 6. to read as follows: 6. Final Operation and Maintenance Manual. A breakdown of the level of effort and personnel for the Final Operation and Maintenance Manual Services as described in SECTION 11. C. is pre- sented on EPA Form 5700-41, dated 12 July 1982, attached hereto and in- corporated herein by this reference. The cost limitations are as follows: (a) Total Estimated Cost. The Total Estimated Cost is $6,832. 2 . (b) Fixed Fee. The- Fixed Fee is $1,025. (c) Total Estimated Price. The Total Estimated Price is $7,857. (d) Contingency Allowance. The Contingency Allowance is set at $700. (e) Total Price Ceiling, The Total Price Ceiling including Fixed Fee may not exceed $8,557 without express prior written authorization of DISTRICT and FmHA, 3. Amend Section 17 to read as follows: 17. Add SECTION IV. C. 7. as follows: 7. Start-Up Program. A breakdown of the level of effort and personnel for the Start-Up Program Services as described in SECTION II: H. is presented on EPA Form 5700-41, dated 12 July 1982, attached hereto and incorporated herein by this reference. The cost limitations are as follows: (a) Total Estimated Cost. The Total Estimated Cost is $12,443. (b) Fixed Fee. The Fixed Fee is $1,866. (c) Total Estimated Price. The Total Estimated Price is $14,309. (d) Contingency Allowance. The Contingency Allowance is set at $1,000. (e) Total Price Ceiling. The Total Price Ceiling including Fixed Fee may not exceed $15,309 without express prior written authorization of DISTRICT and FmHA 3 to IT IS FURTHER MUTUALLY AGREED by and between DISTRICT and ES that all terms and provisions of said ORIGINAL AGREEMENT and said SECOND AGREEMENT not specifically amended herein are, and shall remain, in full force and effect. THIS AGREEMENT shall be effective on and from the day and year first above written. IN WITNESS WHEREOF, DISTRICT and ES have executed this AGREEMENT on the day and year first hereinabove set forth. ATTEST: ATASCADERO COUNTY SANITATION DISTRICT B 1W = ,14 4 RAY WARDEN, Secretary Marjor e R. Mackey, Vice President APPROVED AS TO FORM for Rolfe D. Nelson, President LEGAL EFFECT ENGINEERING-SCIENCE, INC. City Attorney and Attorney for District ordon Magnuson, V"ce Presideit APPROVED: FARMERS HOME ADMINISTRATION BY / 4 tFigq AGENDA MEET1 -" DAT S 9 H I U I S OBISPO COU HTY MAY Z 1 7 — OUNTY GOVERNMENT CENTER • SAN LUIS OBISPO,CALIFORNIA 93408 • (805)549-5252 GEORGE C. PROTOPAPAS County Engineer CLINTON MILNF DEPUTY COUNTY ENGINEER GUY PREWITT SPECIAL DISTRICTS ADMINISTRATOR ENGINEERING CCO U N TY ': May 17 , 1984 DEPARTMENT ROADS TRANSPORTATION Murray Warden, Manager FLOOD CONTROL Atascadero County Sanitation District WATER CONSERVATION P. 0. BOX 747 COUNTY SURVEYOR Atascadero, CA93423 SPECIAL DISTRICTS Subject: Transfer of Operations, Maintenance and General Management of the Atascadero Sewer Treatment Plant and Related Clean Water -Grant Dear Murray: Pursuant to the terms of the San Luis Obispo County-Atascadero County Sanitation District Joint Powers Agreement dated April 12, 1982, this letter is your official notice of the County' intent; (as previously agreed upon) to terminate the JPA effective 12:00 a.m. July 1, 1984. It is my impression that the JPA has been a successful one, as both agencies ' goals were met in an efficient , and professional manner. The second purpose of this letter is to make you aware of some of the details involved in the transfer of the _operations , as they affect the Sanitation' District . The - County will do the following, as part of the termination procedures : 1. By Board resolution, the County will set up a - transfer of equipment ownership from the County to the Sanitation District,' . for those items being used at the plant. County insurance coverage will terminate at the end of the June 30 work day on those items . A list of that equipment is attached. " 2. The County will sign," and forward to the EPA, their successor in interest agreement transferring the . official designated grant project representative from Clinton Milne to yourself, or your representative. 3. On about May 21, 1984, the County will notify the four employees currently working at the plant that they, are being terminated at the end of the June 30 work day. They will be • referred to the County Personnel Department for employee rights counseling. .At least one of the four workers has clear "bumping" rights , and may stay with the County, if he wishes . Murray Warden May 17 , 1984 2 4. The County will cease requisitioning Atascadero-related goods• and services through the County Purchasing Department on Friday, May 18 . After that date, the plant operators will cross out references to the County on the County's requisition form and mail any purchase requests to your finance office . Those requisitions would be reviewed, integrated into _your - purchasing, procedures, and processed by your staff. Purchase claims .for emergency needs will continue to be processed by the County until June 30. 5 . At the end of the June 30 work day, the County will cease paying District vendor payments Copies will be made of any. outstanding purchase orders or requisitions, and those copies will be sent to your finance director. As invoices arrive for those post-June 30 payments , they will be forwarded to your staff for payment . 6 On any sewer bill payments received by the County Engineering Department after June 30, if the checks are payable to the County Engineer, they will be returned to the payor. If they are payable to the Sanitation District, they will be mailed to your finance office 7 . The County payroll for the week of June ,24-30 will be posted to the books on about July 9. That payroll expense will be� deducted, along with any other current sewer plant costs , then the Atascadero Sewer Plant remaining cash balance will be forwarded to the Sanitation District 8. At that same time, a warrant will be issued to the Sanitation District for thecash balance in the construction fund. That amount is projected to be approximately $430,000. State and EPA regulations , and the grant contracts , require that these funds be deposited into a restricted cash account, pending final audit of the Construction Fund, and technically, these funds may not be used for other purposes . The Sanitation District should take care of the following between now and June 30, except item 6, below, which must be; done by June 7 : 1. Take whatever steps are necessary to have the plant workers become City of Atascadero employees on July 1, 1984. 2. Start 'processing purchase requisitions for the plant during the week of May 20. 3. Be prepared to receive late sewer payments after June 30. 4. Be prepared to pay any Atascadero Sewer Plant invoices received• after June 30. Murray Warden May 17 , 1934 3 S . Provide insurance coverage on the equipment to be transferred to the Sanitation District on June 30. 6. Have yourself, or your selected representative, sign the attached EPA successor in interest agreement, in the transferee signature block, and return the document to Jim Jonte, of our office , no later than June 7 , 1934. Our department will execute our part of the transfer at the June 12 board of Supervisors meeting. There are a great many logistical details involved with a functional transfer of this magnitude. Hopefully, we have anticipated all of the major ones , but should anything arise that we have neglected to cover, please 'nave your staff get in touch with Guy Prewitt and we will take care of it . It was a pleasure to work with you on such a relatively smooth construction project . Good luck in the future operations and maintenance! Sincerely, e' , GEORGE C. PROTOPAPAS County Engineer GCP/nt Attachments cc : Hal Wilkinson, Hydraulic Engineer Guy Prewitt , Special Districts Administrator Gere Sibbach, Deputy Auditor/Controller Jim Jonte, Grants Coordinator Jim Martin, Atascadero Sewer Plant Supervising Operator Charlie Mitchell, County Insurance Manager r. PART 18 PROJECT CHA.GES GRANTSADMINISTRATI0t1 t� am �t UNITED STATES ENVIRONh1ENTAL PROTECTION AGENCY WASHINGTON. D.C. 20460 SUCCESSOR Lel DITEREST AGREEMENT This AGREEMENT, entered into as of the day of 197 by and between the Atascadero County Sanitation District a (grantee ttine) duly organized and existing under the lavas of the State of California , with its principal cffice in , San Luis Obispo, CA , (hereafter referred to as the "Transferor"); the City of Atascadero a (grantee type) duly organized and existing under the laws of the State of California with its principal office in Atascadero Cal ifornia (hereafter referred to as the "Transferee"); and the Environmental Protection Agency. i1ITNESSET1 TiVT UMRE,AS, the Environmental Protection Agency (EPA) represented by its , grant award official, has rade certain grant(s) to the Transferor C-06-1324•• and the term "grant(s)" as hereinafter used means the above-referenced grazt(s), including modifications thereto, heretofore � oade between the EPA, represented by its grant award official, and the Transferor (whether or not performance and payment have been cempleted t; and releases executed, if the EPA or the Transferor has any remaining 4taj rights, duties, or obligations thereunder), and including codifications thereto hereafter evade between the EaA and the Transferee; WHEREAS, effective _, 197 , the Transferor assigned, conveyed, and transferred to the Trausferee certain assets for C-06-1324 for activities now in the possession of the Transferor; 1 WHEREAS, by virtue of said agreement, conveyance, and transfer, the Transferee will assume all the duties, obligations, and liabiliti.•s of the Transferor under the grant(s); UTHEP.EAS, the Transferee is in a position to fully perform said grant(s), 3 end such duties and obligations as may exist under said grant(s); I WHEREAS, it is consistent with the EPA interest to recognize the Transferee as the successor party to the grant(s); and 1 1 TN 3 Figure 18-2-2. %.)nation Agroemunt PART lig (4-20-76) (Page 1 of 2) GRANTS FJgINISTRATION PART 18 PEOJECT CtIMU S -2- WHEREAS, there has been filed with the EPA evidence of said assignment, conveyance, or transfer; NOW, THEREFORE, in consideration of the premises,-the parties hereto agree as follows: 1. The Transferor does hereby release and discharge the EPA from, and does hereby waive, all claims, demands, and rights against the EPA which it now has or may hereafter have in connection with said grant(s), except any allowable costs incurred in the performance of said grant(s pprior to the transfer of said grant(s) to the City V Atascadero + on this date first written above. 2. The Transferee hereby assumes responsibility for, be bound by, and agrees to comply with the terms and conditions of said grant(s), applicable laws and regulations of the EPA. 3. The EPA hereby recognize(s) the Transferee as the Transferor's successor in interest in and to said graat(s). The Transfere_ hereby becomes entitled to ali the interest of the Transferor ir and to said grant(s) in all respects as if the Transferee were: the original party to said grant(s). The term "grantee" as used in said grant(s) shall be deemed to refer to the Transferee rather than the Transferor. IN WITNESS WNFREOF, each of the parties hereto has executed this Ag*eeseut i as of the day and year first above written. N r. 0 ENVIRONTTI-ON'TAL PROTECTION ACENCY: i� By:_ Title: k IRk.NSFEROR: By: .1 Title: TRANSFEREE: X By. ' r Title: F' E� PART 18 T�1 S Figure 18-2-2. Co:atiun Ayreer,en . (q_pn-76) (Page 2 of ?) SAN LUIS OBSIPO COUNTY ENGINEERING DEPARTMENT ISF FUND EQUIPMENT TO BE TRANSFERRED TO ATASCADERO SANITATION DISTRICT County Serial #/ Engineer ISF # Model # Description E0007 CAT-08-89220 Gas Indicator MSA, 1972 E0053 3101971 Sewer Rodder Sowest , M#SRRS2 E0058 TE56203 Sewer Cleaner with high pressure hose, 1971 NOO-LO18 SPR-300 Volt Ohm-Ammeter, Sperry 8, 1977 NOO-LO51 3064 Oxygen Meter M#85-01, Delta, 1972 N00-P006 14C2 - VH4D Pump 4" on trailer, 37-0056, 1971 N00-P007 14CZ - VH4D Pump 4" on trailer, 37-0057, 1971 N57-HO27 Hose, Fire 3001 , 2j" , 1971 N57-JO08 Blower, Homelite, M#111B-1, Blower Duct - 8" , 1971 N57-LO57 VWRI1269-303 Balance, Analytical Mettler, 2076F Balance Support , Vibradamp,*9 N57-LO59 VWR52347-002 Oven, drying, 1969 N57-LO60 VWR30603-005 Furnace , muffle, 1969 N57-LO61 VWR57969-507 Spectrophotometer,Coleman, 1969 N57-L062 VWR35960-000 Incubator, air, 1969 N57-PO41 Compressor, air, Wayne, S32, 20 gal , w/hose, 1969 N57-PO42 12C2-S7D Pump, trash 2" , 200GPM, 1969 N57-UO84 34957 Drill press, floor 5/81' , #14MF, 1972 N57-VO09 Sewer Tap, Smith-Loveless, M#B, Sewer Taps , M#CJL, 1971