HomeMy WebLinkAboutAgenda Packet 11/30/1995 Lee Price, City Clerk
NORTH COUNTY COUNCIL
CITIES OF EL PASO de ROBLES and ATASCADERO
TEMPLETON COMMUNITY SERVICES DISTRICT
NORTH COUNTY SUPERVISORS
AGENDA
Thursday, November 30, 1995
7:00 to 10:00 p-m.
City of Atascadero
Administration Building i
6500 Palma Avenue
Atascadero, CA
In compliance with the Americans with Disabilities Act, if you need$pedai assistance to
participate in a City meeting of other services offered by this City,please contact the City
Manager's Office, (805) 461-5010, or the City Clerk's Office, (805): 461-6074.
Notification at least 48 hours prior to the meeting or time when services aro needed will
• assist the City staff in assuring that reasonable arrangements can be made to provide
accessibility to the meeting or service.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
COMMUNITY FORUM:
The Community Forum period is provided to receive comments from the public
on matters other than scheduled agenda items.
BUSINESS:
1. Economic Development
a) Presentation of the City of EI Paso de Robles Economic Strategy Plan
(verbal)
b) Presentation by Dale Ward, Acting Executive Directory on the Economic
Vitality Corporation (verbal)
•
1
I
2. Water Resources
a) Report from the newly-formed ad hoc Regional Water Management
Committee (verbal) ,
(Note: This standing committee will, hereafter, provide a status report at each regular
meeting of the North County Council Executive Committee)
i
b) Proposal by Bob Finley and John Swank of Water Resources, Inc.
regarding water resources (attachment)
3. Cuesta Grade Improvements -Summary Report from Caltrans, District 5 Office,
relative to the Draft Environmental Impact Statement (oral presentation) &
(attachment)
4. Organizational structure of the North County Council - General discussion
relative to rotation of chair (attachment)
5. Individual Determination
a) Templeton Community Services District
b) San Luis Obispo County
c) City of EI Paso de Robles
• d) City of Atascadero
Urgency Item Added: Resolution No. 112-95 - Authorizing an agreement
ADJOURN with USDA Dept of Agriculture for Carmelita Avenue Homes Emergency Water—
shed Protection Project
•
2
ADPRO Fax : 805-237-4077 Mar 2:3 UU:1(
MEE !NG AGENDA
11 ITcM/ 2(a)
WATERRESOURCES INC.
JOM S. SWANK TMM BARLow
November 71 1995
'ice• Stave Martin
North O*Mty C=uoil Yanber
PROM John Hdank, Prwident
Water Resources 1M.
Me Al tive Plan Water far San Luis Obis gLx t
FAX #805/237-4077
friar 8tsroe;
0onsistent with your discussions with Hob Finlay, plea rs< aor si.dgw this
tetter as a fo,mn t of Water ReSUM es Inc. to be placed acs tha
agenda of the North Glwnty cbt=il meeting to be held PCYu*er 30, 1995,
so that ft. Finley and I may premt to the mil, at such time, cur
• 't--" *W1'0e grgMal being offeand as an alternate to a cist.ing Potentia2
water sources.
If you have any questions With respect to this matter, Please contact
Mr. Finley at 805/434-1683. You may send any correspondence to his
fax at 805/434-5665.
Vbry truly Y'owre,
RESOURCM INC.
President
JBS/tc
P.Ca. 9M U579 • PALM DONT, CA.• .9"&&
Mml AGENDA
i 9 ftEM# �4..�...
JOINT RESOLUTION NO. 20-95
i EXHIBIT "A"
is Page 1 of 2
NORTH COUNTY COUNCIL
i
s
Article I
E
Name of Organization E
Section 1 : The name of this organization shall be the North County Council.
Article II
Form of Organization
Section 2: The North County Council is formulated to give advice to local, county,
state, and federal governmental and regulatory agencies on concerns of
common interest to the North County.
• Article III
Purposes of the North County Council
The North County Council has as its purposes the following:
Section 1 : To develop and maintain involvement for furthering sound planning and
development in the North County area.
Section 2: To foster a comprehensive program of development aimed at providing
the maximum of public input and consensus on planning issues in the
northern area of San Luis Obispo County.
Section 3: To represent views in matters historically identified with sound
development including, but not restricted to, land uses, public services,
circulation, public improvements, economic development and other
aspects of community growth with respect to regulatory concerns.
Section 4: To hold public hearing(s), conduct studies and make recommendations '
to the responsible agencies and also to report to said agencies on I
matters, issues, projects and programs that affect the North County.
• i
JOINT RESOLUTION NO. 20-95
EXHIBIT "A"
�. Page 2 of 2
IV
Membership
Section 1 : Membership on the North County Council shall consist of representatives
from each city council, multi-functional community services districts,
advisory groups and county representatives.
Voting members shall be represented on an executive committee
consisting of two (2) representatives each from the cities of Atascadero
and Paso Robles and from the Templeton Community Services District.
Two (2) representatives shall be selected, by the two board of
supervisors whose districts lie within what is generally referenced as the
North County, from either an elected advisory committee and/or multi-
functional community services district.
MEED,f�, `oEyDA_..
DA ITEM
. CUESTA GRADE IMPROVEMENTS PROJECT
SUMMARY
Draft Environmental Impact Statement (DEIS)
California Department of Transportation, District 5
5-SLO-101 P.M. 32.3/35.5
05253 345400
•
Caltrans, District 5
50 Higuera Street
San Luis Obispo, CA 93401
October 1995
SUMMARY
•
PURPOSE AND NEED FOR ACTION
The primary purpose of the proposed action is to alleviate congestion on U.S. Route 101 over
the Cuesta Grade north of San Luis Obispo, California. Alleviating congestion will serve the
related needs of improving traffic safety, facilitating goods movement and improving local access
for Grade residents and visitors. Consistent with community and agency concerns and the
transportation control measures established in local plans, the project also seeks to address the
need of encouraging use of alternative modes as a means of reducing volumes of single-
occupancy vehicles. The project limits are from 1.1 miles north of Reservoir Canyon Road
(Station 127+00) to the Cuesta Grade Overhead (Station 292+00), a distance of approximately
5.1 kilometers (3.2 miles).
ALTERNATIVES UNDER CONSIDERATION
Alternative 1, the No-Build Alternative, provides the basis of comparison for the improvement
alternatives. Under this alternative, no improvements will be made to the existing four-lane
highway.
Alternative 2 will add a truck lane and a four-foot-wide adjacent outside shoulder in the
. northbound direction along the east side of the roadway. This alternative will minimize cuts and
widening and does not adjust the existing horizontal alignment.
Alternative 3 proposes to add a truck lane in the northbound direction and provide eight-foot-
wide outside shoulders in the north and southbound directions. Acceleration and deceleration
lanes and left-turn pockets at intersections will also be provided. A consistent 12-foot-wide
median will be included, except in those areas with acceleration deceleration or left-turn lanes.
There are two variations with this alternative:
• Variation 1 will widen on the west side of the roadway and repair the existing slide.
• Variation 2 will widen on the east side of the alignment and will not repair the slide.
Both Alternative 3 variations allow for the inclusion of a new bike path between Old Stage
Coach/TV Tower Road and Cuesta Springs Road on the west side of Route 101 and the truck
brake inspection area, at the northern end of the project.
Alternative 4 will add a truck lane and an eight-foot-wide outside shoulder in both the north and
southbound directions, and provide acceleration, deceleration and left-turn lanes at existing
intersections. It includes a consistent 12-foot-wide median, except in areas with acceleration,
deceleration and left-turn lanes. There are also two variations of this alternative as described
under Alternative 3. Both Alternative 4 variations allow for inclusion of a new bike path located
•
660688-0012 1\SUMMARY S-1 Rev. 10/19/95 - 3:23pm
along the western side of both Route 101 and the truck brake inspection area at the northern end
of the project as described under Alternative 3.
A program of transit improvements, Transportation System Management (TSM) and Travel
Demand Management (TDM) components were coordinated by Caltrans, San Luis Obispo
Council of Governments (SLOCOG) and San Luis Obispo Regional Transit Authority
(SLORTA). The components are included in all build alternatives. These components consist
of increased express bus service (up to six additional peak period trips), expanded ride sharing
through support to the Local Transportation Management Agency and new park-and-ride lot
spaces. Additional buses will be added to Transit Route 9 and the route will be modified to
serve the park-and-ride lots.
ALTERNATIVES CONSIDERED AND WITHDRAWN
Among the alternatives considered and withdrawn from further study were Full Freeway; New
Northbound Roadway; New Southbound Roadway; New Roadway for Slow Moving Vehicles;
Commuter Rail; Light Rail; Stand-alone Bikeway and Transit/Transportation System
Management (TSM)/ Transportation Demand Management (TDM) strategies, truck restrictions
and imposition of tolls. These alternatives and the reasons for their withdrawal are presented
in Section 2.
AFFECTED ENVIRONMENT
The immediate environmental setting is a portion of unincorporated San Luis Obispo County, •
just north of the corporate boundaries of the City of San Luis Obispo. The project corridor is
located in a north-south pass through the Santa Lucia Mountain range, parallel to the California
coastline. The surrounding area is characterized by the northwest-southeast trending set of
ranges and valleys. Land use is generally agricultural, grazing predominant, with some limited
rural residential and highway-related commercial areas concentrated along Route 101 in the
southern portion of the project area.
The project area contains a variety of natural vegetative communities, including: Central Coastal
Scrub, Serpentine Bunchgrass, Coastal Sage-Chaparral Scrub, Coast Live Oak Woodland, Coast
Live Oak Forest, Central Coast Live Oak Riparian Forest, Central Coast Riparian Scrub,
Sycamore Alluvial Woodland, and Central Coast Cottonwood-Sycamore Riparian Forest, in
addition to areas of Non-native Grassland. Portions of these communities have been extensively
modified by human influence.
Human activities such as farming and livestock grazing have also modified much of the wildlife
habitat within the vicinity of Route 101. Six species of birds, two of reptiles, three of
amphibians, one of invertebrates and 21 of plants were listed by the US Fish and Wildlife
Service, California Department of Fish and Game, California Native Plant Society and local
experts as Species of Concern in the vicinity of the project.
The project study area consists of the corridor between the City of San Luis Obispo and the City
of Paso Robles, including the City of Atascadero and the communities of Santa Margarita and
660688-0012 1\SUMMARY S-2 Rev. 10/19/95 - 3:23pm
Templeton. While 50 percent of the County's jobs have developed in the City of San Luis
Obispo (SLO), many workers commute from the large "bedroom communities" in the northern
project study area, particularly Atascadero and Paso Robles. Community services in the study
area are provided by the three cities and by San Luis Obispo County. The Los Padres National
Forest is located adjacent to the proposed improvements.
ENVIRONMENTAL IMPACTS
Project impacts and proposed mitigations are described below; they are also summarized in
Table S-1 for ease of comparison among alternatives.
Physical Environment
Water Quality. Impacts to aquatic life in San Luis Obispo Creek and the larger side channels
will potentially result from sedimentation and road runoff from all build alternatives. These
impacts are mitigable. Mitigation will include implementing an approved Erosion Control Plan
and Drainage Plan. Culvert inlet extensions will be designed to provide sediment detention to
prevent filling. Culvert outlet extensions will be designed to prevent scouring, erosion and
sedimentation.
Air Ouality. San Luis Obispo County is an attainment area for all federal air quality standards
therefore, no State Implementation Plan (SIP) conformity is required for the project. The area
does exceed California Ambient Air Quality Standards (CAAQS) for ozone and particulate
• matter and the project must demonstrate consistency with the 1991 Clean Air Plan (CAP) for
San Luis Obispo County. Based on examination of population projections, traffic growth rates,
land use planning strategies and Transportation Control Measures (TCMS) used for this study,
the Cuesta Grade Project is consistent with the 1991 CAP. The build alternatives will result in
carbon monoxide (CO) concentrations 0.1 to 0.4 parts per million (ppm) lower than no build
conditions.
Air quality modeling conducted for the project found no exceedences of the CAAQS for CO in
any of the analysis years (1992, 2000, and 2020). Similarly, reactive organic gases (ROG) and
nitrogen oxides (NOx) will also be lower under the build alternatives than with the No-Build,
although Alternative 4 will result in slightly higher Nox emissions than the other build
alternatives because more traffic will be traveling at higher speeds. Major construction air
quality impacts include dust and particulate matter and construction equipment exhaust;
mitigation includes use of best available control technology.
Noise. Four receptor locations will be affected by the build alternatives. Two of the four
locations will be proposed to be mitigated with noise barriers which will lower predicted noise
levels to acceptable levels (63 to 65 dBA). Noise barriers are not recommended for the other
two receptor locations because analysis determined that barriers will not lower predicted noise
levels sufficiently to meet Federal Highway Administration and Caltrans criteria. Mitigation
measures at these two locations will not be effective or practical.
•
660688-0012 1\SUMMARY S-3 Rev. 10/19/95 - 3:23pm
Table S-1
IMPACT SUMMARY OF IMPACTS AND PROPOSED MITIGATIONS
CATEGORY
Alternative
Alternative 1 Alternative 2 Alternative 3 Alternative 4
Floodplain No impact No impact No impact No impact
Water Quality Minimal impact. Mitigable impact. Mitigable impact. Mitigable impact.
Lowest increase Implement Erosion Control Implement Erosion Control Implement Erosion Control
in runoff. Plan. Design culverts to Plan. Design culverts to Plan. Design culverts to
detain sediment and prevent detain sediment and prevent detain sediment and prevent
scouring,erosion and scouring,erosion and scouring,erosion and
sedimentation. sedimentation. sedimentation.
Air Quatity No exceedences. No exceedences. All No exceedences. All No exceedences. All
Highest CO, concentrations lower than concentrations lower than no- concentrations lower than
ROG, NOx and no-build. build. no-build. NOx
PM" Best available construction Best available construction concentrations slightly
concentrations of techniques will be applied to techniques will be applied to higher than Alternatives 2
the project reduce construction impacts. reduce construction impacts. and 3.
alternatives. Best available construction
No construction techniques will be applied to
impacts. reduce construction impacts.
Noise Unmitigated Two barriers required; Two barriers required; Two barriers required;
noise levels at mitigation not effective for mitigation not effective for mitigation not effective for
six receptor two receptor locations. two receptor locations. two receptor locations.
locations range
from 57 to 74
dBA(year
2020).
>Vegetation No disturbances Over 18 acres of vegetated 33 to 39 acres of vegetated 31 to 41 acres of vegetated
of vegetated area removed. Mitigable by area removed. Mitigable by area removed. Mitigable by
areas. replanting with native replanting with native species. replanting with native
species. All disturbed All disturbed vegetated areas species. All disturbed
vegetated areas are within are within existing right-of- vegetated areas are within
existing right-of-way. way. existing right-of-way.
Jurisdictional No 1.10 acres of riparian area, 0.11 acre of wetland area, 0.11 acre of wetland area,
Waters, encroachments of 0.09 acre of jurisdictional 1.67 to 1.74 acres of riparian 1.57 to 1.78 acres of
Wetlands jurisdictional waters affected. No wetland area, and 0.26 to 0.27 acre of riparian area, and 0.25 to
and Riparian waters, wetlands encroachments. jurisdictional waters affected. 0.28 acre of jurisdictional
Areas or riparian areas. Mitigation includes Mitigation includes waters affected. Mitigation
(Section 1601) coordination with USCOE coordination with USCOE and includes coordination with
and CDFG and vegetation CDFG and vegetation USCOE and CDFG and
replacement. replacement. vegetation replacement.
S-4
Table S-1 (continued)
IMPACT SUMMARY OF IMPACTS AND PROPOSED MITIGATIONS
CATEGORY
Alternative
Alternative 1 Alternative Z Alternative 3 Alternative 4
Species No impacts upon Potential impact on coast Potential impact on coast Potential impact on coast
of Concern species of range newt habitat. range newt habitat and range newt habitat and
concern. Mitigation would include removal of serpentine removal of serpentine
erosion and drainage controls manzanita. Mitigation manzanita. Mitigation
and replacement of riparian includes erosion and drainage includes erosion and
vegetation. controls and replacement of drainage controls and
riparian vegetation. replacement of riparian
vegetation.
Agricultural No No Farmland of Local Maximum of 0.3 acre of Maximum of 0.3 acre of
Landsdisplacements of Importance and 0.4 acre of Farmland of Local Importance Farmland of Local
agricultural grazing land eliminated by and between 0.81 and 0.91 Importance and between
lands. new right-of-way. acre of grazing land 1.35 and 1.65 acres of
eliminated by new right-of- grazing land eliminated by
way. new right-of-way.
Land Use and Not consistent Consistent with County and Consistent with County and Consistent with County and
Planning with County and Planning Area plans. Planning Area plans. Planning Area plans.
Planning Area
plans.
Community No congestion Slight enhancement of access Enhancement of access to Enhancement of access to
Facilities relief for access to public facilities. public facilities. public facilities.
to community
facilities.
• Public Response times Slight improvement of Improves police, fire and, Improves police, fire and
Services of police, fire police, fire and emergency emergency services response emergency services response
and emergency services response times times during peak periods. times during peak periods.
services would during peak periods.
worsen during
peak periods.
Parks No major Slight enhancement of Enhances roadway access Enhances roadway access
and changes in access roadway accessibility during conditions during peak conditions during peak
Recreation availability peak periods. periods. Addition of bicycle periods. Addition of bicycle
during peak facilities. facilities.
periods.
Visual No changes in Visual quality reduced from Visual quality reduced from Visual quality reduced from
Resources visual conditions. moderately high to moderate moderately high to moderately moderately high to
level. Negative impact low level. Negative impact moderately low level.
mitigated through sensitive mitigated through sensitive Negative impact mitigated
design and replanting. design and replanting. through sensitive design and
replanting.
Cultural No involvements No involvements with No involvements with cultural No involvements with
Resources with cultural cultural resources. resources. cultural resources.
resources.
•
S-5
Table S-1 (continued)
IMPACT SUMMARY OF IMPACTS AND PROPOSED MMGATIONS
CATEGORY
Alternative
Alternative 1 Alternative 2 Alternative 3 Alternative 4
Transporta- Peak period Improves northbound peak to Improves northbound peak to Improves both northbound
tion and congestion would LOS C (southbound peak LOS C (southbound peak and southbound peak
Circulation continue to would be LOS E)and would be LOS E) and directions to LOS C and
worsen. Level of provides northbound capacity provides northbound capacity provides sufficient roadway
Service would be through year 2020. through year 2020. capacity through year 2020.
E by year 2000 Improves design speed, sight Improves design speed,
and F by year distances and access sight distances and access
2014. conditions. conditions.
Energy; Least efficient Slightly more efficient than Slightly less efficient than Most efficient.
traffic No-Build. Alternative 4. Highest construction use.
movement. Lowest construction use of Slightly higher construction Maintenance depends on
No construction build alternatives. use than Alternative 2. variation; slide area will
expenditure. Relatively high maintenance. Maintenance depends on continue to require
Relatively high Slide area will continue to variation; slide area will maintenance.
maintenance. require maintenance. continue to require
maintenance.
Hazardnus No hazardous Potential involvement with Potential involvement with Potential involvement with
Waste materials asbestos-bearing serpentinite asbestos-bearing serpentinite asbestos-bearing serpentinite
involvements. rock deposits. Mitigation rock deposits. Mitigation rock deposits. Mitigation
would include a Health and would include a Health and would include a Health and
Safety Plan to address Safety Plan to address Safety Plan to address
asbestos hazards during asbestos hazards during asbestos hazards during
construction. construction. construction.
Relocation of four pipelines; Relocation of four pipelines; Relocation of four pipelines;
mitigation includes mitigation includes mitigation includes
implementing contingency implementing contingency implementing contingency
plan. plan. plan.
Construction No construction 12-to 18-month construction 29-month construction period. 36-month construction
impacts. period. Construction and Construction and traffic period. Construction and
traffic impacts will be impacts will be minimized traffic impacts will be
minimized insofar as insofar as possible. A minimized insofar as
possible. A minimum of two minimum of two peak possible. A minimum of two
peak direction lanes would direction lanes would be kept peak direction lanes would
be kept open during peak open during peak periods and be kept open during peak
periods and additional bus additional bus service would periods and additional bus
service would be provided be provided during this same service would be provided
during this same period. period. Best available control during this same period.
Best available control technology is required by Best available control
technology is required by SLOCAPCD and would be technology is required by
SLOCAPCD and would be applied. Temporary noise SLOCAPCD and would be
applied. Temporary noise barriers would screen applied. Temporary noise
barriers would screen receptors from construction barriers would screen
receptors from construction noise. Construction receptors from construction
noise. Construction equipment would conform to noise. Construction
equipment would conform to Caltrans noise specifications. equipment would conform
Caltrans noise specifications. to Caltrans noise
specifications.
0
660688-0012 1\Table.S I S-6 Rev. 10/19/95 -2:52pm
Table S-1 (continued)
IMPACT SUMMARY OF IMPACTSAND PROPOSER MITIGATIONS
CATEGORY'
• Alternative
Alternative 1 Alternative 2 Alternative 3 Alternative 4
Growth No growth Would not induce population Would not induce population Would not induce
Inducement inducing effects. growth or commercial growth or commercial population growth or
development beyond planned development beyond planned commercial development
levels. levels. beyond planned levels.
•
660688-0012 1\Table.S I S-7 Rev. 10/19/95 -2:52pm
Natural Environment
Ve etation. Alternative 2 will remove over 18 acres of area,vegetated including 1.10 acres of •
g g
riparian vegetation. Variations 1 and 2 of Alternative 3 will remove over 33 and 39 acres,
respectively, of vegetated area, including 1.74 and 1.67 respective acres of riparian vegetation.
Alternative 4, Variations 1 and 2 will respectively displace 1.78 and 1.77 acres of riparian
vegetation out of their total vegetation displacements of 35.66 and 40.95 acres each. The types
of vegetative communities affected will be similar for all build alternatives. All of the displaced
vegetation is within the existing Caltrans-owned right-of-way for Route 101. Replacement
planting of native vegetation will be required in each case.
Wetlands. The analysis identified jurisdictional waters (including waters of the United States)
and Section 1601 Riparian Areas, as well as jurisdictional wetlands. Alternative 2 will impact
1.10 acre of Section 1601 area, 0.09 acre of jurisdictional waters, and no jurisdictional wetlands.
Alternatives 3 and 4 (both variations) will impact 0.11 acre of jurisdictional wetland each.
Alternative 3 Variations 1 and 2 will respectively impact 1.74 and 1.67 acres of Section 1601
area in addition to 0.26 and 0.27 acre of jurisdictional waters. Variations 1 and 2 of Alternative
4 will respectively impact 1.78 and 1.77 acres of Section 1601 area and 0.26 and 0.28 acre of
jurisdictional waters. Most of the wetland, jurisdictional waters and Section 1601 Riparian
Areas affected are within the existing Caltrans right-of-way.
Mitigation for encroachment on wetlands, Section 1601 areas and jurisdictional waters by any
of the project alternatives will be established through negotiation with the California Department
of Fish and Game and the U.S. Army Corps of Engineers. Project design for all build .
alternatives includes a retaining wall at the San Luis Obispo Creek crossing to minimize
longitudinal encroachment. Culvert extensions will be designed to provide sediment detention.
Any riparian vegetation removed will be replaced in ratios to ensure no net loss of habitat value.
Species of Concern. All of the build alternatives will have potential impacts on the terrestrial
and breeding habitat of the coast range newt, a California Species of Concern. The magnitude
of effect is proportional to the impact on wetlands. Alternatives 3 and 4 will potentially remove
some serpentine manzanita, which is listed by the California Native Plant Society. Potential
impacts on newt habitat and the manzanita will be greatest under Alternative 4, Variations 1 and
2.
Mitigation will include implementing an approved Erosion Control Plan and Drainage Plan, as
well as specially designed culvert extensions to minimize sedimentation of riparian newt habitat.
Steepened compacted fill slopes or retaining walls and protective fencing will be utilized to
reduce potential impacts on San Luis Obispo Creek. Any riparian vegetation removed will be
replaced in ratios to ensure no net loss of habitat value. Mitigation for impacts to habitats of
Species of Concern will be in accordance with California Department of Fish and Game
requirements.
Agricultural Lands. The build alternatives will displace a small quantity of Farmland of Local
Potential and grazing land within San Luis Obispo County. The greatest quantity of farmland
displaced, 1.65 acres, will under Alternative 4, Variation 1. Alternative 3 will displace a •
660688-0012 1\SUMMARY S-8 Rev. 10/19/95 - 3:23pm
maximum of 1.21 acres (Variation 1), while Alternative 2 will displace the least agricultural
land, a maximum of 0.4 acre. As stated in the Route 101/Cuesta Grade Farmlands Report
. (August 1993), these acreages assume land within the proposed right-of-way in the Los Padres
National Forest is Grazing Land. This land has not been classified and mapped as part of the
Important Farmland Maps. If Los Padres National Forest land was not included in the right-of-
way acreages, Farmland of Local Potential would not change, but Grazing Land acreage which
will be eliminated by the proposed right-of-way will be reduced.
Socioeconomic Environment
Impacts upon the socioeconomic and cultural environments are described as follows:
Land Use and Planning. The proposed project is consistent with the San Luis Obispo County
1990 Regional Transportation Plan and the transportation elements of the Salinas River (North
County) and San Luis Obispo (South County) area plans. The proposed improvements are
compatible with land use objectives in place in the project area.
Community Facilities. No public facilities are located within the vicinity of the proposed
improvements. Access to public facilities in the Los Padres National Forest adjacent to Route
101 at Cuesta Grade will be enhanced by the improved traffic conditions under the build
alternatives.
Public Services. Alternative 1 will negatively affect emergency service capabilities during peak
periods. The build alternatives will improve response times of emergency services using Route
• 101 at Cuesta Grade due to reduced congestion during peak periods and intersection
improvements under Alternatives 3 and 4. Access for project area residents to other public
services provided by the County will similarly be enhanced by the improved access conditions,
chiefly under Alternatives 3 and 4.
Parks and Recreation. No parks or recreational facilities will be adversely affected by the build
alternatives. Access to recreational facilities via Route 101 during peak periods will be
enhanced. Inclusion of bicycle facilities under Alternatives 3 and 4 will enhance recreation
opportunities.
Visual Resources. Alternative 2 will reduce project area visual quality from a moderately high
to a moderate level for post-construction conditions within the first or second year after
construction. Impacts from added fill slopes and retaining walls will be minimal. Visual
changes anticipated under Alternatives 3 and 4 will be greater. Alternative 3 will reduce project
area visual quality to a moderately low level as will Alternative 4, but with a slightly lower
numerical rating in the latter case due to differences in the lengths and heights of cut and fill
slopes and retaining walls. Mitigation measures consist of replanting of displaced trees, shrubs
and ground cover with native plant species to blend in with adjacent plant communities and
selection of retaining wall types and materials to blend with the natural landscape. It is expected
that mitigation will restore area visual quality nearly to pre-project conditions when the
replacement plantings are well established.
660688-0012 1\SUMMARY S-9 Rev. 10/19/95 - 3:23pm
Cultural Resources. There are no impacts on properties deemed eligible for the National
Register of Historic Places in the project APE.
Transportation and Circulation. Existing access and circulation problems will continue to
worsen and peak-period traffic level of service to deteriorate under Alternative 1. All build
alternatives will improve traffic level of service and safety. Alternatives 2 and 3 will improve
northbound access and circulation within the area served by the Cuesta Grade portion of Route
101. Alternatives 2 and 3 will raise the northbound peak direction level of service to C for the
years 2000 and 2020; the southbound peak direction level of service will be E. By adding a lane
in each direction, Alternative 4 will improve peak period level of service for the years 2000 and
2020 to C for both the northbound and southbound directions. Alternatives 3 and 4 will also
improve the horizontal alignment and geometry of the roadway, increasing the design speed,
improving sight distances and providing acceleration and deceleration lanes and left-turn pockets
at four intersections. This will improve accessibility for Cuesta Grade residents and driving
conditions for all roadway users. Improved highway conditions will also benefit corridor goods
movement.
All build alternatives incorporate the same package of transit, TSM and TDM components,
which are designed to induce shifts to alternative modes and reduce peak period demand for the
roadway.
Energy. Alternative 4 (both variations) will use the least direct energy of any of the alternatives
and will have the highest average direct energy efficiency in comparison to the No-Build (1.8
percent more efficient), because it eliminates congestion by adding both a northbound and a
southbound truck lane. Alternatives 2 and 3 will be less efficient because they add a truck lane
in only one direction, thereby reducing but not eliminating the congestion that characterizes the
No-Build Alternative. The indirect energy, which is the energy required to construct and
maintain the roadway and is estimated on the basis of construction costs, is least with Alternative
2 and greatest with Alternative 4, Variations 1 and 2. Mitigation for direct energy use during
construction includes having two lanes open on Route 101 for traffic in the peak direction during
the peak period. Mitigation for indirect energy use includes regular maintenance of construction
equipment and planning and coordination of construction equipment use.
Hazardous Waste. Review of historical records and regulatory agency files identified no
potentially hazardous materials which would affect the project. Two bodies of chrysotile
asbestos-bearing serpentinite rock, a naturally occurring substance, are found in the project area.
One of these serpentinite bodies will likely be subjected to excavation under the build
alternatives, especially under Alternatives 3 and 4. Residents living near the site of the
excavation could potentially be exposed to asbestos hazards from fugitive dust emissions.
Mitigation will include adoption of a Health and Safety Plan to address specific asbestos hazards
that may be encountered during construction, along with outlining additional measures for the
handling, disposal and containment of asbestos-containing materials. These measures will
include an air monitoring program to document the presence of asbestos dust particles during
construction conditions. All build alternatives will relocate two oil pipelines and two high
pressure natural gas lines. Mitigation includes implementing the supplier's contingency plan in
the event of spill.
660688-0012 1\SUMMARY 5-10 Rev. 10/19/95 - 3:23pm
Construction. All build alternatives will result in construction phase noise, air quality, access,
traffic disruption and visual impacts in the project area. Impacts of construction activities will
• be temporary and will cease upon completion of the project. Construction is estimated to require
from 12 to 36 months depending on the alternative selected. Construction activities will be
scheduled to minimize traffic disruption and with advance notice to residents, commuters and
emergency service providers. Two lanes will be maintained open in the peak direction during
peak periods and additional bus service will be provided. Earthmoving operations will be
conducted in compliance with local and State regulations concerning handling and disposal of
debris, erosion control and possible discovery of archaeological resources during construction.
GROWTH INDUCEMENT AND CUMULATIVE IMPACTS
The project alternatives are not expected to be growth inducing. Project analysis corroborated
by local experts determined that growth pressures in the City of San Luis Obispo and northern
corridor communities are independent of the build alternatives and will occur even under no-
build conditions. Improvements of the order of magnitude as those proposed for the Cuesta
Grade segment of Route 101 will not have serious potential for inducing population growth or
new commercial development. The savings in commute time over Cuesta Grade as a result of
the build alternatives will be only one to two minutes compared with no-build conditions by year
2000 and between two to three minutes by year 2020. These time savings will not be sufficient
to stimulate or alter growth pressures in the project study corridor.
• Cumulative environmental impacts that may occur with other transportation projects in the
County are anticipated to be minimal.
COORDINATION
Contacts and coordination with the general public, local, regional, State and federal agencies and
with interested organizations and groups have been continuous throughout the project through
the Notices of Intent/Preparation and Scoping Process, the San Luis Obispo Council of
Governments (SLOCOG) newsletter, The Coordinator, and various informational meetings. A
list of agencies contacted is provided in Section 8.2. Copies of letters received from regulatory
and other agencies are provided in Appendix E.
AREAS OF CONTROVERSY
Issues of concern raised by the public and government agencies focus on the potential for the
build alternatives to stimulate corridor growth and vehicle traffic with attendant negative effects
on regional air quality. The project's impacts on the visual quality and natural environment of
the Cuesta Grade have also been identified for concern. The provision of bicycle lanes over
Cuesta Grade instead of or along with the other roadway improvements has been raised for
consideration.
•
660688-0012 1\SUMMARY S-11 Rev. 10/19/95 - 3:23pm
PERMITS
A nationwide Permit 26 from the U.S. Army Corps of Engineers (COE) and Section 1601 i
Agreement with the California Department of Fish and Game (CDFG) will be required to
address impacts to wetlands, jurisdictional waters and riparian areas. The United States Fish
and Wildlife Service (USFWS)and the Environmental Protection Agency(EPA)will be involved
in the coordination regarding wetlands habitat. The USFWS must approve the Biological
Assessment in accordance with Section ? of the Endangered Species Act while the CDFG will
also approve the Biological Assessment in accordance with the California Endangered Species
Act. The California Regional Water Quality Control Board will require a National Pollutant
Discharge Elimination System permit and the project will require a 401 permit from the COE.
Specific permit requirements will be determined during the design phase of the project.
•
660688-0012 1\SUMMARY 5-12 Rev. 10/19/95 - 3:23pm
•
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PROJECT LOCATION
ROUTE 101/CUESTA GRADE IMPROVEMENTS PROJECT
REPORT TO CITY COUNCIL AG=A TEM: -err/
• CITY OF ATASCADERO DATE: .-13-k2--W
1r-00-9s"
THROUGH: Andrew J. Takata, City Manager
FROM: Brady Cherry, Director/�/
Department of Community Services
SUBJECT: AUTHORIZATION OF AGREEMENT WITH USDA NATURAL RESOURCES
CONSERVATION SERVICE FOR CITY SPONSORSHIP OF EMERGENCY
WATERSHED PROTECTION PROJECT NEAR CARMELITA AVENUE AND
ATASCADERO CREEK.
RECOMMENDATION:
It is recommended by Staff that the City Council adopt Resolution No. 11 2-95 - Authorizing
a Project Agreement for the Emergency Watershed Protection (EWP)
Project.
BACKGROUND:
At the City Council meeting of July 25, 1995, the City Council gave conceptual approval for
City sponsorship of three USDA Emergency Watershed Protection Projects known as: 1)
• Curvado Circle Homes Protection; 2) Atascadero Mutual Water Company Well Protection; and
3) Carmelita Avenue Homes Protection. On September 26, 1995, the City Council approved
the project agreements for the Well Protection Project and the Curvado Circle Project. The
Curvado Circle Homes Protection Project is complete, and the Mutual Water Company Well
Protection Project is underway. We are now prepared to proceed with the Carmelite Avenue
Homes Protection Project. We have Grant funding approved for the project for $75,000.
Staff has since obtained the necessary land rights and real property assurances necessary to
proceed with the Carmelita Homes Protection Project. The Agreement for the Carmelita Project
from USDA is ready for City Council authorization.
The Grant has been approved by USDA to pay for 75% of the construction for mitigating the
hazardous situations at the project site. The City will be responsible for the 25% match
requirement. Exact project costs will not be known until the projects are bid. In the case of
the Carmelita Project, the construction estimate is expected to be no more than $80,000, and the
City's match no more than $20,000. The City's match for this project can be allocated from
the Amapoa-Tecorida Drainage Funds.
Staff has applied for the necessary permits for the EWP projects. Public bid on the projects will
begin as soon as possible by the Natural Resources Conservation Service under Federal
guidelines.
• C:1C1rYCOUMDEC1295.RPT
• RESOLUTION NUMBER 112-95
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH THE UNITED STATES DEPARTMENT
OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE
FOR EROSION AND FLOOD HAZARD MITIGATION
FOR
THE CARMELITA AVENUE HOMES
EMERGENCY WATERSHED PROTECTION PROJECT
The City Council of the City of Atascadero, California, hereby
resolves as follows:
1. The Mayor is hereby authorized to execute an agreement
with the United States Department of Agriculture Natural
Resources Conservation Service for City Sponsorship of
the Curvado Circle Homes Protection EWP Project.
2 . The City Manager is hereby authorized to make minor
corrections or modifications of a mathematical or
clerical nature.
• 3 . The Finance Director is hereby authorized to appropriate
funds, if necessary; release and expend funds; and issue
warrants to comply with the terms of this agreement.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Atascadero, held on the 12 of December , 1995.
ATTEST: CITY OF ATASCADERO
LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
• CTUYCOUNMESOL112.95
United States Natural 2121-C Second Street, Suite 102
Department of Resources Davis, CA 95616
Agriculture Conservation (916) 757-8237
Service
•
November 30, 1995
City of Atascadero
Community Services District
6500 Palma Ave.
Atascadero, California 93422
Gentlemen:
Enclosed are copies of the project agreement for the Carmelita Ave.
Homes Protection Emergency Watershed Project, DSR No. 03-95--2705 for
completion and concurrence by the appropriate person(s) . Please
secure the necessary signatures and return at least two copies of the
agreement.
A fully signed copy of Form SCS-ADS-78, Assurances and Certification
Relating to Real Property Acquisition for this project is already in
our file.
�cerely,
RAYMOND MILLER
Contract Specialist
Enclosure
cc:
Mr. Gregory R. Norris, Agricultural Engineer, USDA, Natural Resources
Conservation Service, Paso Robles, California (w/o encl. )
Mr. Douglas W. Toews, Area Engineer, USDA, Natural Resources
Conservation Service, Santa Maria, California (w/o encl. )
Mr. Charles K. Davis, State Conservation Engineer, USDA, Natural
Resources Conservation Service, Davis, California (w/o encl. )
Ms. Margy Lindquist, District Conservationist, USDA, Natural
Resources Conservation Service, Paso Robles, California (w/enol, )
•
The Natural Resources Conservation Service.
formerly the Soil Conservation Service.
is an agency of the
United States Cepartment of Agriculture AN EQUAL OPPORTUNITY EMPLOYER
STATE: California
EWP PROJECT: Carmelita Ave. Homes
Protection, DSR 03-95-2705
• UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
PROJECT AGREEMENT - FEDERAL CONTRACT
THIS AGREEMENT is between the City of Atascadero, called the
Sponsor, and the Natural Resources Conservation Service, United States
Department of Agriculture, called the Service.
NOW, THEREFORE, in consideration of the premises and of the
several promises to be faithfully performed by the parties hereto as
set forth, the Sponsor and the Service do hereby agree as follows:
A. It is agreed that the following described work is to be
performed at an estimated cost of 550,385. 00.
Levee Repair along Atascadero Creek
B. The Sponsor will:
1. Administer their actions under this agreement in accordance
with 7 CFR 3015, OMB Circulars A-102, A-87, A-128, and other
• rules referenced in 7 CFR 3015.
2 . Provide 25 percent of the cost of construction described in
Section A. This cost to the Sponsor is estimated to be
$12 . 596.25.
3 . Accept all financial and other -responsibility for excess
costs resulting from their failure to obtain, or their delay
in obtaining, adequate land and water rights, permits and
licenses needed for the works of restoration described in
Section A.
4 . Designate an individual to serve as liaison between the
Sponsor and the Service, with authority and responsibility for
reviewing and approving changes in the work described in
section A. Furnish such information in writing to the
Service's Administrative Officer.
5. Review and approve the plan for the work described in Section
A.
6. Provide certification (sign SCS-ADS-78) that real property
rights have been obtained for installation of planned
measures.
• 7 . Upon acceptance of the work by the Service from the
Contractor, assume responsibility for operation and
maintenance.
Page 2 of 4
• 8 . Comply with the special provisions contained in Attachment A
to this agreement.
9 . Upon completion of emergency protection measures and the
elimination of the threat, the Sponsor will take action, if
needed, to bring the measures up to reasonable standards by
other means and/or authority. Unless the measures are brought
up to reasonable standards, the Sponsor will not be eligible
for future fundings under the emergency watershed protection
program.
C. The Service will:
1. Provide 75 percent of the cost of constructing the works of
restoration in Section A. This cost to the Service is
estimated to be $3.7 ,788.75.
2 . Contract for the performance of the works of restoration
described in Section A in accordance with Federal Acquisition
Regulations.
3 . Make changes in the work described in Section A as mutually
agreed upon with the Sponsor, and modify the contract
accordingly.
4 . Provide authorized technical services, including but not
ilimited to obtaining basic information; preparation of
contracts, drawings, designs, and specifications; contract
administration; and quality control during installation.
5. Arrange for and conduct final inspection of the completed
works of restoration with the Sponsor to determine whether
all work has been performed in -accordance with contractual
requirements. Accept work from Contractor and notify the
Sponsor of acceptance; and turn over the accepted works to
the Sponsor.
D. It is mutually agreed:
1. No Member of or delegate to Congress or Resident Commissioner
shall be admitted to any share or part of this agreement, or
to any benefit that may arise therefrom; but this provision
shall not be construed to extend to this agreement if made
with a corporation for .its general benefit.
2 . In the event of default, any additional funds required to
ensure completion of the job will be provided in the same
ratio as construction funds are contributed by the parties
under the terms of this agreement; and any excess costs
collected from the defaulting contractor or their surety are
to be prorated between the Sponsor and the service under the
• same ratio as construction funds are contributed under the
terms of this agreement.
Page 3 of 4
3 . Additional funds, properly allocable as construction costs as
determined by the Service, required as the result of a
contractor's claim are to be provided in the same ratio as
construction funds are contributed under the terms of this
agreement.
4. The furnishing of financial and other assistance by the
Service is contingent on the availability of funds
appropriated by Congress from which payment may be made and
shall not obligate the Service upon failure of the congress to
so appropriate.
5. The Service may terminate this agreement in whole or in part
if it determines that the Sponsor has failed to comply with
any of the conditions of this agreement. The Service shall
promptly notify the Sponsor in writing of the termination and
reasons for the termination, together with the effective date.
Payments made by or recoveries made by the Service under this
termination shall be in accord with the legal rights and
liabilities of the Service and the Sponsor.
6 . This agreement may be temporarily suspended by the Service
if it determines that corrective action by the Sponsor is
needed to meet the provisions of this agreement. Further, the
service may suspend this agreement when it is evident that a
termination is pending.
7. Activities conducted under this agreement will be in
compliance with the nondiscrimination provisions as contained
in Titles VI and VII of the Civil Rights Act of 1964, as
amended, the Civil Rights Restoration Act of 1987 (Public
Law 100-259) and other nondiscrimination statutes, namely
Section 504 of the Rehabilitatibn Act of 1973, Title IX of the
Education Amendments of 1972, the Age Discrimination Act of
1975, and in accordance with regulations of the Secretary of
Agriculture (7 CFR-15, Subparts A and B) which provide that no
person in the United States shall, on the grounds of race,
color, national origin, age, sex, religion, marital status, or
handicap/disability be excluded from participation in, be
denied the benefits of, or be otherwise subjected to
discrimination under any program or activity receiving federal
financial and/or technical assistance from the Department of
Agriculture or any agency thereof.
•
Page 4 of 4
• 8. This agreement is effective the date it is fully executed.
CITY OF ATASCADERO This action authorized at
an official meeting of
the Sponsor on the
BY: day of , 1995,
at
TITLE: California
DATE: __
(Attest Signature)
UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
BY:
TITLE: Contracting Officer
DATE:
AUTHORITY: Public Law 95-334
ATTACHMENT: Special Provisions, Attachment A
ATTACHMENT A - SPECIAL PROVISIONS
•
The signatories agree to comply with the following special provisions
which are hereby attached to this agreement.
I. Drug-Free Workplace
By signing this agreement, the sponsors are providing the
certification set out below. If it is later determined that the
sponsors knowingly rendered a false certification, or otherwise
violates the requirements of the Drug-Free Workplace Act, the
Service, in addition to any other remedies available to the Federal
Government, may take action authorized under the Drug-Free Workplace
Act.
Controlled substance means a controlled substance in Schedules I
through V of the Controlled Substances Act (21 U.S .C. 812 ) and as
further defined by regulation (21 CFR 1308.11 through 1308. 15) ;
Conviction means a finding of (including a plea of nolo
contendere) or imposition of sentence, or both, by any judicial body
charged with the responsibility to determine violations of the
Federal or State criminal drug statutes;
Criminal drug statute means a Federal or non-Federal criminal
• statute involving the manufacturing, distribution, dispensing, use,
or possession of any controlled substance;
Employee means the employee of a grantee directly engaged in the
performance of work under a grant, including: (i) All direct charge
employees; (ii) All indirect charge employees unless their impact or
involvement is insignificant to the performance of the grant; and,
(iii) Temporary personnel and consultants who are directly engaged
in the performance of work under the grant and who are on the
grantee' s payroll. This definition does not include workers not on
the payroll of the grantee (e.g. , volunteers, even if used to meet a
matching requirements; consultants or independent contractors not on
the grantees ' payroll; or employees of subrecipients or
subcontractors in covered workplaces) .
Certification:
A. The sponsors certify that it will or will continue to provide a
drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee' s workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
51-
(b)
(b) Establishing an ongoing drug-free awareness program to
inform employees about--
(1) The danger of drug abuse in the workplace;
(2) The grantee 's policy of maintaining a drug-free
workplace;
(3 ) Any available drug counseling, rehabilitation, and
employee assistance programs; and
(4 ) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in
the performance of the grant be given a copy of the statement
required by paragraph (a) ;
(d) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the grant, the
employee will
( 1) Abide by the terms of the statement; and
(2) Notifying the employer in writing of his or her
conviction for a violation of a criminal drug statute occurring in
the workplace no later than five calendar days after such a
conviction;
• (e) Notifying the Service in writing, within ten calendar days
after receiving notice under paragraph (d) (2) from an employee or
otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title, to
every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has
designated a central point for the receipt of such notices. Notice
shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days
of receiving notice under paragraph (d) (2) , with respect to any
employee who is so convicted
(1) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily
in a drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State or local health, law enforcement,
or other appropriate agency;
•
(g) Making a good faith effort to continue to maintain a drug-
free workplace through implementation of paragraphs (a) , (b) , (c) ,
• (d) , (e) and (f) .
(h) Agencies shall keep the original of all disclosure reports
in the official files of the agency.
a. The sponsors may provide a list of the site(s) for the
performance of work done in connection with a specific project or
other agreement.
II. Certification Regarding Lobbying (7 CFR 301$2 (Applicable if
this agreement exceeds $100,000) - The sponsors certify to the
best of their knowledge and belief, that:
( 1) No Federal appropriated funds have been paid or will be paid, by
or on behalf of the sponsors, to any person for influencing or
attempting to influence an officer or employee of an agency, Member
of Congress, and officer or employer of Congress, or a Member of
Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
• (2) If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influencean officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of
Congress, in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit
Standard Form - LLL, "Disclosure Form to Report Lobbying, " in
accordance with its instructions:
(3 ) The sponsors -shall require that the language of this
certification be included in the award documents for all subawards at
all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) *and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, Title 31,
U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10, 000 and not
more than $100,000 for each such failure.
•
III. Certification Re ardin Debarment Suspension, and Other
7-Responsibility Matters - Primary Covered Transactions
• (7 CFR 30171
(1) The sponsors certify to the best of its knowledge and belief,
that it and its principals:
(a) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from covered
transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal
been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
state or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or local)
with commission of any of the offenses enumerated in paragraph ( 1 ) (b)
of this certification; and
(d) Have not within a three-year period preceding this
application/proposal has one or more public transactions (Federal,
State or local) terminated for cause or default.
• ( 2 ) where the primary sponsor is unable to certify to any of the
statements in this certification, such prospective participant shall
attach an explanation to this agreement.
IV. Clean Air and Water certific-ation
(Applicable if this agreement exceed $100, 000, or a facility to be
used has been the subject of a conviction under the Clean Air Act ( 42
U.S.C. 1857c-B(c) (1 ) or the Federal Water Pollution Control Act (33
U.S.C. 1319(c) ) and is listed by EPA, or is not otherwise exempt. )
The project sponsoring organization(s) signatory to this
agreement certifies as follows:
(a) Any facility to be utilized in the performance of
this proposed agreement is , is not
listed on the Environmental Protection Agency
List of Violating Facilities.
•
(b) To promptly notify the State Administrative
officer prior to the signing of this agreement
by SCS, of the receipt of any communication
• from the Director, Office of Federal Activities,
U.S. Environmental Protection Agency, indicating
that any facility which he proposes to use for
the performance of the agreement is under
consideration to be listed on the Environmental
Protection Agency List of Violating Facilities.
(c) To include substantially this certification,
including this subparagraph (c) , in every
nonexempt subagreement.
CLEAN AIR AND WATER CLAUSE
(Applicable only if the agreement exceeds $100,000, or a facility to
be used has been the subject of a conviction under the Clean Air Act
(42 U.S .C. 1857c-8(c) (1) or the Federal Water Pollution Control Act
(33 U.S.C. (1319(c) ) and is listed by EPA or the agreement is not
otherwise exempt. )
A. The project sponsoring organization(s) signatory to this
agreement agrees as follows:
( 1 ) To comply with all the requirements of section 114
of the Clean Air Act as amended (42 U.S.C. 1857 ,
et seq. , as amended by Public Law 91-604) and
• section 308 of the Federal Water Pollution Control
Act (33 U.S.C. 1251 et. seq. , as amended by Public
Law 92-500) , respectively, relating to inspection,
monitoring, entry, reports, and information, as
well as other requirements specified in section 114
and section 308 of the Air Act and the Water Act,
respectively, and all regulations and guidelines
issued thereunder before the signing of this
agreement by SCS.
(2) That no portion of the work required by this
agreement will be performed in a facility listed
on the Environmental Protection Agency List of
violating Facilities on the date when this
agreement was signed by SCS unless and until
the EPA eliminates- the name of such facility
or facilities from such listing.
(3 ) To use their best efforts to comply with clean
air standards and clean water standards at the
facilities in which the agreement is being
performed.
•
(4 ) To insert the substance of the provisions of this
clause in any nonexempt subagreement, including
• this subparagraph A. (4 ) .
B. The terms used in this clause have the following
meanings :
( 1 ) The term "Air Act" means the Clean Air Act, as
amended (42 U.S .C. 1857 et seq. , as amended by
Public Law 91-604) .
(2) The term "Water Act" means Federal water Pollution
Control Act, as amended (33 U.S.C. 1251 et seq. ,
as amended by Public Law 92-500) .
(3 ) The term "clean air standards" means any
enforceable rules, regulations, guidelines,
standards, limitations, orders, controls,
prohibitions, or other requirements which are
contained in, issued under, or otherwise adopted
pursuant to the Air Act or Executive Order 11738,
an applicable implementation plan as described
in section 110(d.) of the Clean Air Act (42 U.S.C.
1857c-5 (d) ) , and approved implementation procedure
or plan under section 111(c) or section 111 (4) ,
respectively, of the Air Act (42 U.S.C. 1857c-6(c)
or (d) ) , or an approved implementation procedure
under section 112(d) of the Air Act (42 U.S.C.'
• 1857c-7 (d) ) .
(4 ) The term "clean water standards" means any
enforceable limitation, control, condition,
prohibition, standards, or other requirement
which is promulgated pursuant to the Water Act
or contained in a permit issued to a discharger
by the Environmental Protection Agency or by a
State under an approved program, as authorized
by section 402 of the Water Act (33 U.S.C. 1342) ,
or by a local government to ensure compliance with
pertreatment regulations as required by section
307 of the Water Act (3 U.S.C. 1317) .
(5 ) The term "compliance" means compliance with clean
air or water standards. Compliance shall also mean
compliance with the scheduled or plan ordered or
approved by a court of competent jurisdiction, the
Environmental Protection Agency or any air or water
pollution control issued pursuant thereto.
•
( 6 ) The term "facility" means any building, plant,
installation, structure, mine, vessel or other
floating craft, location or site of operations,
• owned leased, or supervised by a sponsor, to be
utilized in the performance of an agreement or
subagreement. Where a location or site of
operations contains or includes more than one
building, plant, installation, or structure, the
entire location shall be deemed to be a facility
except where the Director, office of Federal
Activities, Environmental Protection Agency,
determines that independent facilities are
collocated in one geographical area.
V. Assurances and Compliance
As a condition of the grant or cooperative agreement, the recipient
assures and certifies that it is in compliance with and will comply
in the course of the agreement with all applicable laws, regulations,
Executive Orders and other generally applicable requirements ,ax� 05'/
including those set out in 7 CFR 3015, 3016, 3017 and 3018, which
hereby are incorporated in this agreement by reference, and such
other statutory provisions as are specifically set forth herein.
vI. Examination of Records
Give the Service or the Comptroller General, through any authorized
representative, access to and the right to examine all records,
books, papers, or documents related to this agreement. Retain all
records related to this agreement for a period of three years after
completion of the terms of this agreement in accordance with the
applicable oMB Circular.
•
CITY OF ATASCADERO
1 1
DEPARTMENT of PUBLIC WORKS
Date: ���4-95
PERMIT TO ENTER AND CONSTRUCT
Mr. Steven Sylvester, City Engineer
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Dear Mr. Sylvester:
Permission is hereby granted the City of Atascadero, or its
authorized agent, to enter upon my property located at 9245
Carmelita Avenue in the City of Atascadero, identified as APN
03.1-341-006, for the purpose of installing erosion control
measures.
This permission is granted in consideration of the benefits
swhich may accrue to my property.
Sincerely,
Jacqualine Hatch
9245 Carmelita Avenue
Atascadero, CA 93422
ACCEPTED:
Steven J. Sylvester, City Engineer
6500 PALMA AVENUE • ATASCADERO,CA 93422
Administration/Engineering:(805)461-5020 WastewaterTreatment:(805)461-5077 FAX:(805)461-7615
CITY OF ATASCADERO
1913 ILD79
\ CAS�DERp/ DEPARTMENT of PUBLIC WORKS
Date: (7—
PERMIT
PERMIT TO ENTER AND CONSTRUCT
Mr. Steven Sylvester, City Engineer
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Dear Mr. Sylvester:
Permission is hereby granted the City of Atascadero, or its
authorized agent, to enter upon my property located at 9325
Carmelita Avenue in the City of Atascadero, identified as APN
031-341-023 , for the purpose of installing erosion control
measures.
This permission is granted in consideration of the benefits
which may accrue to my property.
Sincerely,
Wilkes, Gilbert & LC
9325 Carmelita Avenue
Atascadero, CA 93422
ACCEPTED:
Steven J. Sylvester, City Engineer
6500 PALMA AVENUE • ATASCADERO,CA 93422
Administration/Engineering:(805)461-5020 WastewaterTreatment:(805)461-5077 FAX:(805)461-7615
� I
CITY OF ATASCADERO
19 w a is
DEPARTMENT of PUBLIC WORKS
Date:
PERMIT TO ENTER AND CONSTRUCT
Mr. Steven Sylvester, City Engineer
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Dear Mr. Sylvester:
Permission is hereby granted the City of Atascadero, or its
authorized agent, to enter upon my property located at 9285
Carmelita Avenue in the City of Atascadero, identified as APN
031-341-025, for the purpsoe of installing erosion co ntrol
measures.
This permission is granted in consideration of the benefits
• which may accrue to my property.
Sincerely,
Mansfie , William & Shannon
9285 rmelita Avenue
Atascadero, CA 93422
ACCEPTED:
Steven J. Sylvester, City Engineer
•
6500 PALMA AVENUE • ATASCADERO,CA 93422
Administration/Engineering:(805)461-5020 WastewaterTreatment:(805)461-5077 FAX:(805)461-7615
193 09/14 11:36 S 803 928 1273 CITY of SM RTTY 02
SEP-14-95 THU 10:16 ATASCADER0 CITY FAX N0. 4617615 P. 05
CITY OF ATASCADERO
IDUPARTMTNT of PUBLIC WORKS
September 14, 1995
United States Department of Agriculture
Soil Conservation Service
3121-C Second Street
Davie, CA 95616
Sub'jec't; Chrmelita, Avenue Homes Protection DSR 03-95-2705
Gentlemen:
• I have made an examination of the real property instruments
and files relating to the land rights acquired for the subject
project. These instruments were found to pravde adequate title,
right, permission and authority four the purpose of wilicii the
property was acquired.
In addition, the appropriate Fish & Gama permit has been
applied for and tentative approval has been received.
sincerely,
Ar her R. Montan on
City Attorney
6500 PALMA AVENUE ATA&CADFXO,CA 93422
A d�n1a1s1.ulow/Bng:nc.in�t
0951461-0020 Wastawa{erwaftmvAll 0011661.501! FAX.1005!!62.7675
saslta iiiat, rVwa Part; ddk - uhLbits moi• __s•i
604,7
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ASSURANCES RELATING TO
REAL PROPERTY ACQUISITION .
A. PtWOSE—'t h(arm it to be tad by sponso M to pnM&the assumen to the 090 Conserva*M gen►Ice
of the U.S.Uepartmeat at Ague wbt*Is regtdrad In eannM[OU with the 11102"ft Of presject n%safGs
whtsb inval"Fsderat A umw aaslst""fwrnis "bg*1 CoAsoc"ll"Ste.
Nam ofp CAE LITA AVEN- NOME PROTECTION ._ _•_
Idwttigroflmpmyt antordewtopmentZFSJORATJON OF ATASCAURO C REK BANK AU
CHANNEL
loaactoa PORTION OF CARMELITA AVENUE IN THE CITY OF ATASCADERO
C• RIZAL PROPUTY ACQkrMMON ASSt1itANCB—
Tkb assum"It apptit abto V rrat propaty Mterests we=e agw w for 66 UwAft on of prweat Inquvrel,
adlor if powag buskwds or term opera lM wits ftlaced as a twat vt ad Intttiiuloa; and this
ast=1M wa are p udy proymcd tar b she waiathed, projeet mars e, or other ty o of pfaa.
If tltht warow wa uet Vvt6My MMded,the imdarsisaed spen wO)baft twotet dwy have complied,
to*a Coo pmftzbto tender State saw,wlUt the mgnlm=U of the Uniform Reloeadan Aulstame and Real
F ope:ty mA n Aat(42U.3.C.4V14#j&ss tmpkmeated In 7 C-F.R.Part 21.Assy maptlons
law have been of is baeby ftwidshad to the ftl CowavatiodBWWN aWSowhb the ophdon of the CCW Legg
Oft M of the ftft 40401siips 010 dlx mloa of the fM rad taw hUllshed.
D. AUURAM(V AWMACY CW Rita.MPUTY MOM r-
.
Tia undentped spoosta I haft s awes that odegaw real prap %V llow and lletlrute, vreaaf dghts it
wbte,pawls:and N*"by Maal�Sate.and�taw.Oft1h aaee or sngelatipst,feed related
9kft bslrs boort ukao to ObWa dw lops dift to h MA opo ll%atflntf,ad taspea the abovendespibed
proled mee wv% est ftw seromas or taprovewaate Chao on to be semroVnd, relocated, awaf ec or
srtrrasad before wWw durft the lestaSadasi proms
M assimmes Is stvaa% tk the knowtedgk stmt sposl AA)an mpoaflble los ety►www costs or other*once.
quenow in she event the real pnmem dots in lbtad to be Wequere dnrlup the histailattoss process.
ftnbermne this Ufakwe b apported by ars ams opWoo utaehed haft*#A aestitta an a iWaadon
of'the rW property kat mw &!flys was anode end they ware fMd to Wde adegvatc thte.right,per-
adulon rad andwrityr for the wwposeW for wMA Ow prop"va amortd,
(moo-v:-r�rtt. �a�y a�ea� boa-xs
Mrs OU4 - i xnt .C•
604.7
it. "ter of The rei pmpmy rip" or mems wap obtalm d by cwwomaasion (m iad t den►sin) p dia".
.Iwmwi)t'll lw am od is=to pmume the prO p to 4 604 COINIU9108 wd try twhdent M ss ZwVOW
�by e7aa aovrt.
CITY OF ATASQAnRRQ�,...,...��..�.... � "db0 tatmfwd .
CUM W R! i{t aq affklsl audms
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Notification No. I ZZL 7 THP No.
AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION
THIS AGR n4ENT, entereJ i to betwee he Stat of California a rt ent f 'sh G e,hereinafter called the Department,
an i
o A061 State of hereinafter called the operator,is as follows:
EREAS, pursuant to Division 2, Chapter 6 of California Fish and Game Code, the operator, on the day of!.d T >
19,' , notified the Department that he intends to substantially divert or obstruct the natttral ow of o sultantially change the bed,
channel,or bank of,or use material from the streambed of,the following water:45__ TA in the County of
J —,State of California,S T R
REAS, the Department(represented by `� � has made anj ction of subject area on the
Wn day of let , and has deter ined at
suc o eratio may substa illy e ly f�Jet ex ting fish nd w'ldlife resourc�,&,including: �4 dC y R J
THEREFORE,-the Department hereby proposes measures to protect fish 'I if ri he or's work.The operator hereby
agrees-to,accept.the.f4jlowing recommendatiQp, as part of his work: Numbers '
from the list of recommendations on the back of this page and the following special commenAatiohs:
1. All work in or near the stream or lake shall be confined to the period /Y77 AMZ�10r
,2
t
i
-._-.-Ue operator,as designated by the signature on this agreement,shall be responsible for the execution of all elements of this agreement.
A copy of this agreement must be provided to contractors-and subcontractors and must be in their possession at the work site.
If the operator's work changes`from that stated in the notification`specified above, this agreement is no longer valid and a new
notification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this agreement and with other
pertinent Code Sections,including but not limited to Fish and Game Code Sections 5650,5652 and 5948,may result in prosecution.
Nothing in this agreement authorizes the operator to trespass on any land or property, nor does it relieve the operator of responsibility
for comoliance with applicable federal,state,or local laws or ordinances.
THIS AGREEMENT IS NOT INTENDED AS AN APPROVAL OF A PROJECT OR OF SPECIFIC PROJECT
FEATURES BY THE DEPARTMENT OF FISH AND GAME. INDEPENDENT REVIEW AND RECOMMENDATIONS WILL
BE PROVIDED BY THE DEPARTMENT AS APPROPRIATE ON THOSE PROJECTS WHERE LOCAL, STATE, OR
FEDERAL PERMITS OR OTHER ENVIRONMENTAL REPORTS ARE REQUIRED.
This agreement becomes effective on
Operator /.�«- _
e
nt a esentative
Ti� Title t
Organization ; =r'�2!�� -._a.� Department of Fish hand Game, State of California
I -(— 1 Date !
Date _ -
If inspection was not made,cross out words within parentheses. FG 1060(3'W) 97 92406