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
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•
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.
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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. Approval of
this one year time extension shall expire on May 11, 1985.
2
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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
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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
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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