HomeMy WebLinkAboutAgenda Packet 10/22/1979 4 0
AGENDA - ATASCADERO CITY COUNCIL
Regular Meeting
October 22 , 1979 7 : 30 p.m.
Administration Building
Call to Order
Pledge of Allegiance
Invocation
Roll Call
Public Comment
A. CONSENT CALENDAR
1. Minutes of the regular meeting of October 8, 1979
(RECOMMEND APPROVAL)
2 . Treasurer' s Report, 9-20-79 to 10-17-79 (RECOMMEND APPROVAL)
B. HEARINGS, APPEARANCES AND REPORTS
Appeal of Little/Rauch from Planning Commission denial of
extension of time for a Conditional Use Permit to allow a
n U 5-unit multiple family residential project, Santa Ysabel
J Avenue, Atascadero
2 . Public hearing on appeal of Donald M. Rauch from Planning
Commission denial of a Tentative Tract Map to allow a
t subdivision of a . 49 acre site into a 5-unit condominium
project, Santa Ysabel Avenue, Atascadero.
Consideration of AL 79-56 , proposed lot line adjustment
�L on Santa Lucia Road - Atteberry/Dostie
Consideration of AL79-38 , proposed lot line adjustment
on Los Osos Road - Knowles/Campbell
`1 Report of City Manager on Planning Commission' s recommenda-
tions regarding a moratorium on condominium conversions
6 . Appearance of Mike Lucas regarding the Atascadero City
Emblem Design and Motto Contest
C. UNFINISHED BUSINESS
1. Review of Contract Between the City of Atascadero and the
County of San Luis Obispo for Performance by County of
Services.
D. NEW BUSINESS
1. Consideration of request by John Daly for adoption of
revenue limitation ordinance
2 . Consideration of Ordinance Establishing Office of City
Attorney
3. Review of Use Permitsfor space in the Administration
Building and property at Atascadero Lake
4 . Consideration of establishing a speed zone on San Gabriel
Road
INDIVIDUAL DETERMINATION AND/OR ACTION
1. City Council 2 . City Attorney 3. City Manager
aPr
MINUTES ATASCADERO CITY COUNCIL
Regular Meeting
October 8, 1979 7: 30 p.m.
Atascadero Administration Building
The meeting was called to order at 7: 30 p.m. by Mayor Wilkins
with the Pledge of Allegiance. The invocation was given by Reverend
E. B. Claud of the Atascadero Bible Church.
ROLL CALL
PRESENT: Councilmen Highland, Mackey, Nelson, Stover and Mayor
Wilkins
ABSENT: None
The Knights of Columbus, Santa Lucia Council No. 3648, presented
a Bunn Coffee Brewer to Councilman Stover for the City Offices.
Council members thanked the Knights of Columbus for their donation.
Mayor Wilkins announced that the podium had been donated by
the Christian Science Church.
PUBLIC COMMENT
1. Mike Lucas advised the Council that the Emblem Contest
would end on October 13th and he hoped to be able to
present the Council with a report at the next regular meeting.
A. CONSENT CALENDAR
1. Minutes of the adjourned regular meeting of September 26 , 1979
(RECOMMEND APPROVAL)
Councilman Nelson noted a correction to the minutes on page six,
under E (c) ; the matter had to do with the discharge of firearms rather
than fire protection.
MOTION: Councilman Highland moved for the approval of the minutes
as corrected. The motion was seconded by Councilman
Nelson and unanimously carried.
B. HEARINGS, APPEARANCES AND REPORTS
1. Appearance of Albert Young_ requesting designation of
October 25, 1979 as United Nations Day
Mr. Young advised that this is the first time Atascadero as a
City will be able to participate in United Nations Day. The United
Nations has declared 1979 to be the International Year of the Child.
A program to celebrate this is scheduled at the High School on
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MINUTES ATASCADERO CITY COUNCIL
Regular Meeting - October 8, 1979
Page Two
October 25th at 7: 30 p.m. He requested the Council to designate
October 25, 1979 as United Nations Day in honor of the International
Year of the Child.
Mayor Wilkins declared October 25th as United Nations Day and
stated that he would sign a proclamation to that effect.
Councilman Nelson asked if there was anything that could be
done on a year around basis to advance the status of children and
Mr. Young outlined some of the programs and stated that he would get
additional information for Council members.
2. Public hearing for adoption of proposed 1979-80 Budget
Mayor Wilkins declared the meeting open to public comment.
There were several questions from the public and the Council proceeded
to review the budget page by page. The overhead projector and screen
in the City Manager's portion of the budget was deleted since the
Board of Realtors has donated enough money to purchase these items.
John McNeil was concerned that the LAFCO budget figures as pre-
sented in the proposed budget did not agree with the LAFCO figures
presented in the pre-incorporation LAFCO report. Mr. Warden stated
that as far as he knew they were correct figures, however, he would
be glad to go over them with Mr. McNeil to see if an error had been
made.
It was noted that the $75 , 000 suggested in the LAFCO report for
the renovation of the Masonic Temple to accommodate the Police Depart-
ment was being proposed to renovate the Administration Building for
City Offices to include the Police Department. Itis felt that the
Administration Building should be able to accommodate most, if not
all, of the City' s departmental needs.
There was discussion regarding the Council' s previous approval
of salaries for a Building Inspector and Planning Secretary which
were higher than those listed in the budget. Mr. Warden stated that
the Budget would be revised to reflect those approvals.
MOTION: Councilman Highland moved that the Budget be adopted as
presented subject to the revisions made by the Council' s
previous actions and their actions this evening. The
motion was seconded by Councilman Stover and unanimously
carried by roll call vote.
C. UNFINISHED BUSINESS
None
MINUTES - ATASCADERO CITY COUNCIL
Regular Meeting October 8, 1979
Page Three
D NEW BUSINESS
1. Replacement or repair of the Sycamore Road bridge
Mayor Wilkins reviewed the memo from Mr. Warden which outlined
the options involved in repairing or replacing the bridge: Council
members discussed this matter and decided that repair of the bridge
now would be the best option.
MOTION: Councilman Highland moved that Council approve Option
3 in the memo which would be to request the County to
continue with the repair program now. The motion was
seconded by Councilman Mackey and unanimously carried.
2. Ordinance relating to the discharge of firearms
Mr. Grimes, City Attorney, reviewed the proposed ordinance which
would extend the restriction of the use of firearms from the boundaries
of the Atascadero Fire District to include the full boundaries of the
City of Atascadero. He reviewed sections of the Penal Code dealing
with the use of firearms within the City and which the County is
already empowered to enforce. He did not recommend adopting the
ordinance at this time since the problem seems to be handled through
existing Penal Code and County Code provisions. He noted that the
City could have enforcement difficulties if they pass this ordinance
since the City does not yet have enforcement capabilities.
No action was taken on the ordinance.
3. Consideration of entering into Crime Control Joint Powers
Agreement, Criminal Justice Planning
Mr. Warden reviewed the functions of the Criminal Justice Planning
function and the impact upon the City resulting from its participa-
tion. He said that he has some doubts about the ability of the JPA
being able to help with LEAA funds since they are almost non-existent
at this time. However, the Board does coordinate law enforcement
planningactivities within San Luis Obispo and Santa Barbara Counties
and from the standpoint of being able to exchange ideas, participa-
tion might be of a benefit to the City. There is no requirement
for attendance or commitment of funds by the City at this time.
MOTION: Councilman Nelson moved that Council approve entering
into the Joint Powers Agreement with the Office of
Criminal Justice Planning. The motion was seconded
by Councilman Highland and unanimously carried.
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MINUTES - ATASCADERO CITY 'COUNCIL
Regular Meeting October 8, 1979
Page Four
4. Conversion of office spaces in Administration Building
Mr. Warden stated that, in considering arrangements for future
use of the Building for City Offices, he, felt that it would be
advisable that professional assistance and advice be sought to make
proposals for renovation of the Building to house present and future
City Offices. This proposal would hopefully assure the integrity
of the original concept for use of the Administration Building and
could assure compliance with Federal and State regulations concerning
the use of governmental buildings. The firm would be requested to
provide a utilization plan and renovation schedule which could be
followed on a phased basis as funds become available.
MOTION: Councilman Highland moved that Mr. Warden be authorized
to request proposals for renovation of theAdministration
Building for creating City office space. The motion was
seconded by Councilman Mackey and unanimously carried.
E. INDIVIDUAL DETERMINATION AND/OR ACTION
1. City Council
(a) Councilman Mackey reported on the meetingssheattended
at the League of California Cities Annual Conference
which included growth control and the use of computers among other
things. Mr. Warden advised that he had tapes of some of the meetings
which are available.
2. City Attorney
jMr. Grimes had nothing to report.
3. City Council
(a) Mr. Warden asked Council members to consider the Public
Works Director/City Engineer position ad, he had dis-
tributed this evening. He intended to bring it as a regular agenda
item at the next meeting, but realized that if he waited, he would
not be able to advertise in the next issue of Western Cities which
would then put the interview time into the latter part of January
or February. He asked Council to consider a salary of $2,250 monthly
for this position.
MOTION: Councilman Highland moved that Mr. Warden be authorized
to advertise for a Public Works Director/City Engineer
at a salary of $2,250 monthly, The motion was seconded
by Councilman Mackey and unanimously carried.
MINUTES - ATASCADERO CITY COUNCIL
Regular Meeting October 8, 1979
Page Five
Lon Allen asked how this matter could be considered when it was
not a scheduled agenda item. Mr. Grimes advised that there were
no rules to the contrary. By law, Council was not even required to
have an agenda. There is a draft ordinance which has been prepared
and will go before Council shortly to implement rules regarding the
agenda preparation, however, at this time, it is in order for Council
to consider this if they wish.
(b) Mr. Warden advised that the final date for accepting
applications, for Police Chief is October 15th and
asked Council to establish a screening committee for these applica-
tions. Mayor Wilkins stated that he would take the matter under_
consideration.
(c) Mr. Warden asked Council members if they wished to
set Saturday, October 27, 1979 as the interview date
for Planning Director. Council set that date with interviewing to
begin at 9 : 00 a.m.
(d) Mr. Warden stated that Councilman Stover had given
him an item of correspondence from the Cooperative
Extension of the University of California at Berkeley addressed to
the Senior Citizens. The letter advised of a conference entitled
"Growth: Its Impact on the Central Coast" to be held on Friday,
November 9, 1979 from 9: 30 a.m. to 3:30 p.m. on the -Loomis Ranch in
Arroyo Grande. There will be a $5. 00 fee to cover registration and
lunch. A program brochure will be available at a later date.
(e) Mr. Warden requested an executive session to discuss
potential litigation.
Mayor Wilkins adjourned the meeting at 9 :25 p.m. and stated
that there would be no announcements at the conclusion of the execu-
tive meeting.
Recorded by:
MURRAY L. WARDEN, City Clerk
By: Ardith Davis
Deputy City Clerk
M E M O R A N D U M
TO: City Council
FROM: City Manager
SUBJECT: Atteberry lot line adjustment
Attached is an application for lot line adjustment as
contained in the County Subdivision Review Board ' s report.
This matter was heard by the City Planning Commission and
approved with the five conditions as outlined in the report.
The Commission also found that the lot line, adjustment com-
plied with applicable General Plan requirements as well as
with the provisions of the Lot Division Ordinance.
The matter is being referred to you since the Council
must take final action.
�_M RAY WARDEN
MLW:ad
10-18-79
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REPORT OF THE SUBDIVISION REVIEW BOARD MEETING SEPTEMBER 5, 1979
RE: AL 79-56, PROPOSED LOT LINE ADJUSTMENT OF PORTIONS OF LOT 46, BLOCK
27, ATASCADERO COLONY, SANTA LUCIA ROAD, CITY OF ATASCADERO.
(A-1-B-V-5: SUBURBAN) (ATTEBERRY/DOSTIE - STEWART)
SUPERVISORIAL DISTRICT #1 (884: 8/21/79)
I
SRB Members in Attendance: Chairman, Colonel Sorenson, Larry Kelly,
Bill MacDonald, Michael Doherty, Jim Granflaten
Planning Commissioner in Attendance: David Oakley
Legal Counsel Present: None
PROJECT DESCRIPTION
This application proposes an adjustment that would enlarge the smallest
parcel (Parcel B) and shift its location to behind Parcel C. The site
is located on the north or westerly side of Santa Lucia Road beyond San
Gabriel Road.
Zoning: A-1-B-V-5: "Light Agricultural" with slope related density
and S acre average.
General Plan: 1978 Atascadero General Plan: "Suburban"
REASON FOR THE ADJUSTMENT
This adjustment would resolve a long standing violation.
COMMENTS
The Lot Line Adjustment would more equalize the area of the three parcels.
The smallest parcel would be expanded from .50 acres, approximate, to
.81 acres.
One last consideration is the matter of the Atascadero incorporation.
Although it appears the new City Council will take final action on this
project, the Subdivision review Board may still take action on this matter.
Any action taken will likely constitute an informal recommendation to the
City Council. It should be noted this staff report and the recommendations
are based on County policy, procedure, and ordinances.
RECOMMENDATION
After review of applicable General Plans and other available infor-
mation, the Subdivision Review Board recommends to the Atascadero City
Council that the proposed Lot Line Adjustment be found to comply with
Section 21.48.017 of the Lot Division Ordinance and that it be approved.
Provided that the Adjustment is approved, the following conditions are
hereby established:
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AL 79-56
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1. That a perpetual easement or restrictive covenant be recorded over
Parcel A to serve Parcel B. Evidence thereof must be submitted to
the Planning Department for Certification of Compliance.
2. All conditions of approval herein specified are to be complied with
prior to the recording of Certificates of Compliance which effectuates
the adjustment. Said Certificates of Compliance must be signed by
all record owners and holders of interest as defined in Section
21.48.017(e) of the Lot Division and notarized.
3. The Certificates of Compliance must be filed in accordance with
Section 21.48.017(e) prior to transfer of ,the adjusted portions of
the property.
4. Ater approval by the City Council, compliance with the preceding
conditions will bring the proposed adjustment in conformance with
the Subdivision Map Act and Section 21.48.017 of the Lot Division
Ordinance.
S. The Lot Line Adjustment will expire one year (12 months) from the
date of City Council approval, unless the Certificates of Compliance
effectuating the Adjustment are recorded.
DISCUSSION
The applicant's engineer attended the meeting.
The Subdivision Review Board unanimously adopted the preliminary report
as written.
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COUNTY OF SAN LUIS OBISPOli!?r
PLANNING DEPARTMENT 1q RFrA.. ' Lr�
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APPLICATION FOR 1,979
SAN
LOT LINE AOJUSTME
Return to Courthouse Annex, Room 102, San Luis Obispo, CA1','•I�OL Q51 3-1SSO
APPLICANTS
NAME SIGNATURE ADDRESS PHONE
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Eng. o Surveyvr Eng. yew d g3u��L
All owners as shown on the preliminary Title Report must sign the application
PROPERTY
LEGAL DESCRIPTION: Lot yG Block 7 Tract blas,
ASSESSOR'S PARCEL NUbIBERS: SLS-261-`:9/D ///2
Attach a copy of a current Title Report covering all of the property involved.
REQUIRED INFORMATION
Why is the adjustment requested? / lore — prcn/
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When was the property acquired. �1 tia»� /y 7�- /xft e. /26L
Does the owner or owners own any contiguous property? —
Describe
Existing use:( y Residential( ) Agri.( ) Ind.( ) Recreation( ) Other
Proposed use: (0 Residential( ) Agri.( ) Ind.( ) Recreation( ) Other
Public utilities available to the property: ([}Eiec ( )Gas (-JWater (Phone
Proposed source of water: ( )Private well ( )Neighbor's Well ( )Public Water
Proposed provision for sewage disposal: ( }Septic tank ( )Public sewer
( )Other
Are there flooding or drainage problems at any time during the year? ( )Yes (`}No
If yes, explain
Are there any existing structures on the property? (x-}Residence (t-�farm Buildings
( )Commercial or Industrial ( )Mobile Home (-)Other AS shown•
VERIFICATION:
I have read and understand this application and I certify (or declare) under
Penalty of perjury the foregoing statements are true and correct.
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I am ( ) Applicant f, Owner ( ) Applicant ( )'AgLforplicant
-'S Date i�;naturc
OFr1C.E USE ONLY ZONING:
MAP NUMBER: , `� ) 7 GENERAL PLAN:
DATE RECEIVED: FILE NUMBER: AL-
2:V ll' LOT DIVIS4ON GRANTED/DENIED ON Tf1E PROPC:R' a^
PIF I0 S
RECEIPT N0:
1p�'� Gr 1p?�•CU BY: r
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MEM0RAND U1�1
TO: City Council
FROM: City Manager
SUBJECT: Knowles/Campbell lot line adjustment
This lot line adjustment was also approved by the
Planning Commission at their regular meeting of October
15th subject to the conditions set forth in the Subdivision
Review Board' s report. Your motion for approval, if you
concur with the Planning Commission, is in order.
i
R L. WARDEN
MLW:ad
10-18-79
AL 79-38
Provided that the Adjustment is approved, the following conditions are
hereby established:
1. All conditions of approval herein specified are to be complied with
prior to the recording of Certificates of Compliance which effectuates
the adjustment. Said Certificates of Compliance must be signed by
all record owners and holders of interest as defined in Section
21.48.017(e) of the Lot Division and notarized.
2. The Certificates of Compliance must be filed in accordance with
Section 21.48.017(e) prior to transfer of the adjusted portions of
the property.
3. After approval by the City Council compliance with the preceding
conditions will bring the proposed adjustment in conformance with
the Subdivision Map Act and Section 21.48.017 of the Lot Division
Ordinance.
4. The Lot Line Adjustment will expire one year (12 months) from the
date of City Council approval, unless the Certificates of Compliance
effectuating the Adjustment are recorded.
DISCUSSION
Applicant's engineer, Allen, attended the meeting. There were no comments
other than to indicate that they would be doing a Record of Survey on
the property.
The Subdivision Review Board unanimously adopted the preliminary report
as written.
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CONTRACT BETWEEN THE CITY OF ATASCADERO AND
THE COUNTY OF SAN LUIS OBISPO FOR
PERFORMANCE BY COUNTY OF SERVICES
THIS CONTRACT entered into on the day of
1979 , by and between the CITY OF ATASCADERO ( located within the
County of San Luis Obispo , State of California , and hereinafter
I-eferred to as " City" ) , and the COUNTY OF SAN LUIS OBISPO ( a
lolitical subdivi ,, ion of the State of California and hereinafter
referred to as County" ) ;
WITNESSETH :
WHEREAS , City was duly incorporated effective on July 2 ,
? 979 ; and
WHEREAS , Government Code Sections :35441 and 35448 , both
of the Municipal Organization Act of 1977 , provide the method
of determining which services County will perform within the
newly incorporated City during the remainder of the fiscal year
atter the eFfective date of she incorporation of City ; and
WHERLAS , City and County have disagreed as to the exact
nature an,.! scope of the services which said sections require
County to provide to City until the end of Fiscal Year 1979-80 ;
a r,d
WHEREAS ; City and County by this Contract have reached
c1gr•eenrent as Lo tine scope of services to be provided ; and
WHEREAS , it is in the public interest that City and County
un erstand and agree as to the services to be performed by
County during the balance of the 1979--£30 Fiscal Year .
t10W , THEk[F: .)RE , in consideration of t:he mutual cover i ants ,
conditions , promises , and agreements herein set forth , City
and County hereby mutually covenant and agree as follows :
1 . Planning and related services`. County shall perform
for City within City for the remainder of the 1979-80 Fiscal
Year the following planning services ., to wit : provide staff
for processing current planning activities ( not including
general plans , or yeneral plan elements ) , zoning , such as , but
not restricted to , zoning amendments ., conditional use permits ,
variances , and similar matters ; building inspection and environ-
mental review and processing service, . Such services shall not
include attendance by County staff at ineeti ,rgs of City Council
or City Planning Commission without additional compensation as
provided in Par-ayraph 9 hereinbelow . County shall retain all
fres7enerated by such services as provided in County and City
laws , except as set forth in Paragraph 9 hereinbelow.
2 . Eng 1._ilEer_ir-,_q_and_reIated sc,rvices . County shall per-
f'orm for C; it.y within City the follow ng engineering and related
services , to w t .
a . Street ;maintenance . County scheduled street
rir�tenance ;hal ; be provided within City for the entire 1979-80
F iso al Year .
b . Street construction . Street construction within
City budgeted by County prior to incorporation by County for
the 1979-80 Fiscal Year shall be completed by County . Any other
construction which would increase the capacity of the streets
within the City shall not be done un-! ess first specifically
approved by the County Board of Supervisors .
r
C . Miscellaneous engjAe,erinq S r`jces . County shall
,provide for City within City the following engineerincl services ,
to Wit : Subdivision "yap Act functions , encroachment permit
services and qiscellaneous engineering services including
administratior of improvement bonds , utility franchises and
cable television franchises ; provided that such services shall
not include attendance by County staff at meetings of City
Council or City Planning Commission without additional compen-
sation as provided in Paragraph 9 hereinbelow ; provided further
that County shall retain all fees generated by such activities ,
excepL as set forth in Paragraph 9 hereinbelow.
s . Haintenance of public_properties . County shall main-
Lain the Veterans Memorial Building , Niall , zoo , and park within
City until title thereto is transferred to City , or until the
end of the 1979-SO Fiscal Year , whichever comes first .
4 . Administration of animal control laws ,
a . The Animal Control Officer shall enforce all
State animal control laws within City during the balance of the
1979-80 Fiscal Y _ar and continuously thereafter .
b . City shall contract with County in the same manner
and subject to the same provisions , except as may be modified by
mutual agreement to suit the particular circumstances of City ,
as prevails fcr other cities within the County for enforcement
of City animal control laws .
3 . health services .
a . County shall enforce within City all State health
laws for the balance of the 1979-80 Fiscal Year and continuously
thereafter .
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b . City shall contract with County in the sante manner
and subject to the same provisions , except as may be modified by
mutual agreement tc suit the particular circumstances of City,
as prevails for• other cities within the County for enforcement
of City health lavas .
6 . Law enforcement .
a . The Sheriff shall enforce all State laws within
City and all County ordinances in existence on dateofincorpo
,'ation of City which have been adopted by City at the same level
of service as existed in the year prior to incorporation .
b . Fhe Sheriff shall riot enforce City originated
rdinances which do riot adopt County ordinances by reference at
any time at any place .
7 . Prosecution services . The District Attorney shall
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prosecute violations of State law within the City during the
balance of the 1979-80 Fiscal Year and continuously thereafter ,
and shall furnish no other prosecution services .
. 8 . Assessment and tax collection functions . County shall
perfoi-m such services for City pursuant to Government Code 'Sections
j
51514 and 51520 at no cost to the City for the entire 1919-80
Fiscal Year and continuously thereafter .
9 . Retention of fees and adjustment of fee schedules .
a . Since presently adopted County , and by reference
City , fee schedules are designed to recover costs of services
i
rendered , City agrees that all fees collected by County while
providing continued services to City during 1979-80 Fiscal Year
shall be retained by County in the same manner and for the same
purpose as existed prior to incorporation . Said collection and
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retention of fees small continue for as long as County provides
those services to City until City notifies County of City ' s
irite rition to provide such services through City resource_. , or
unti I June 30 , 1986 , whichever f it st occurs .
II'
b . 1n the event that existing fees are inadequate
to recover County ' s actual cost in providing continuing services
to City , then such fees may be adjusted by mutual agreement to
assure recover o+o f actual costs or City may directly
compensate County in the amountsnecessary to cover such �in -
creased costs .
10 . Term . This Contract shall commence on the 30th day
of October , 1979 , and shall terminate on the 30th day of June ,
1980 , except as otherwise provided .
11 . Termination . City may terminate this entire Contract
or complete particular service designated -in one of the
nuirrt:,-' red para ,; raphs herein at any time by giving to County sixty
( 60 ) day ; written notice of such tem nation , specifying the
portion or, portions of the Contract which are being terminated
fand the effective date of such termination . The planning ,
/ ongineering and law enforcement services being provided by
County shall automatically terminate upon the appointment by
SIIthe City of a City officer or employee( s ) whose duties include
these soryices . Upon termination of this Contract , or any
i.)ortion or portions thereof , pursuant to this Paragraph or'
Paragraph 10 above , County shall prorate fees collected and
revenue realized between County and City based upon services
actually rendered to and including the date of termination
For such services .
l Z . Indemn if i cation for ,ol e con duct . Each party hereto
shall defend , indemnify , and save harmless the other party and
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the other party ' s officers , agents , and employees , from and
+ (jainst any and all claims , demands , Iiabi1 ity, costs , expenses ,
aanrages , causes, of action , including , but not limited to , in-
verse condemnation and judgments arising out of the sole negli -
gence or, sole intentional acts of the party or its officers ,
agents , or employees , or independent contractors solely responsible
to such party , in performing or attempting to perform pursuant
to the provisions of this Contract , including both acts and
o;jiissions to act .
13 . Indemnification for joint conduct . City shall defend ,
indewnify , and save harmless County and its officers , agents ,
and employees , from and against any and all claims , demands ,
liability , costs , expenses , damages, causes of action , including ,
but riot l i mi ted to , inverse condemnation and judgments arising
out of the joint neyligence or joint intentional__a s of City
and rCounty and their officers , agents , employees , or independent
contractors directly responsible to thea; , in performing or
attempting to perform pursuant to 'the ` provisions of this Contract ,
including both acts and omissions to act ; provided , however ,
that County shall be solely responsible for the amount of any
jyudgment rencaereci solely against the County , or one of its
agent,, or employees , if such judgment is specifical.ly rendered
in a court. finding of responsibility by the County or one of
its agents or employees , for an act of negligence , and City
shall not be required to indemnify County for, such judgln-e-nt .
-6-
0
Likewise , the City shall be solely responsible for any judgment
rendered solrlynst it orlits agents oriemploye se which is
based upon an expressed act of negligence by it or one of' its
agents or employees .
County agrees to cooperate with City in the defense of any
such claims or litigation .
IN WITNESS WHEREOF , City and County have executed this
Contract on the day and year first hereinabove set forth .
CITY OF ATASCADERO
By :
ROBERT J . WILKINS , Mayor
,ATTEST :
f1URRAY --L . WARDEN , -City Clerk -
APPROVED AS TO CONTENT :
11URRAY L. WARDEN , City Manager
APPROVED AS TO FORA :
i
ALLEN GRIMES , City Attorney
COUNTY OF SAN LUISOBISPO
By B
Chairman , Board of Supervisors
ATTEST
APPROVED AS TO FORM
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GALF 'Ct
E
Clerk , Board of Supervisors ANS--��� `� 19
JAMES B. LINDHOLM. JR.
COUNTY CDUN1
;7;8�
ISBY _
CUUNTY CUUk3C