HomeMy WebLinkAboutAgenda Packet 10/11/1994 PUBLIC REVIEW COPY
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AGENDA
ATASCADERO CITY COUNCIL
REGULAR MEETING
CITY ADMINISTRATION BUILDING
6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM
October 11, 1994
7:00 P.M.
This agenda is prepared and posted pursuant to the requirements of Government Code
Section 54954.2. By listing a topic on this agenda, the City Council has expressed its
intent to discuss and act on each item. In addition to any action ident))ed in the brief
general description of each item, the action that may be taken shall inclu ; A referral to
staff with specific requests for information; continuance; specific dir9ction to staff
concerning the policy ormission of the item;discontinuance of consideratio ;authorization
to enter into negotiations and execute agreements pertaining to the ite ; adoption or
approval,• and, disapproval.
Copies of the staff reports or other documentation relating to each item of business
referred to on the agenda are on file in the office of the City Clerk (Room 08) and in the
Information Office (Room 103), available for public inspection during City Hall business
hours. The City Clerk will answer any questions regarding the agenda.
In compliance with the Americans with Disabilities Act, if you need sped assistance to
participate in a City meeting or other services offered by this City,please contact the City
Manager's Office ((805)461-5010) or the City Clerk's Office ((805)461-5074). Notifica-
tion at least 48 hours prior to the meeting or time when services are needed will assist the
City staff in assuring that reasonable arrangements can be made to provide accessibility
to the meeting or service.
RULES OF PUBLIC PARTICIPATION: PLEASE SEE BACK PAGE
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CITY COUNCIL COMMENTS
O Presentations Honoring: Former Planning Commissioner Jim Berger; outgoing
Parks & Recreation Commissioners Tom Bench, Karen Coni lid, Diana Cooper,
Ken Meyer•, outgoing Traffic Committee members Cindy Campbell, Marj Mackey
O Proclamation: "Red Ribbon Week", October 23-31, 199 (Californians for
Drug-Free Youth, Inc./National Family Partnership)
COMMUNITY FORUM: Please see "Ru/es of Public Participation" (Back Page)
A. CONSENT CALENDAR:
All matters listed under Item B, Consent Calendar, are considered to be routine, and
will be enacted by one motion in the form listed below. There will be no separate
discussion on these items. A member of the Council or public may, by request, have
any item removed from the Consent Calendar, which shall then be reviewed and acted
upon separately after the adoption of the Consent Calendar:
1. CITY COUNCIL MINUTES September 27, 1994
2. APPROVE PAYMENT OF AUDITED BILLS AND PAYROLL FOR THE MONTH OF
SEPTEMBER, 1994
3. COMMUNITY SERVICES FOUNDATION
A. Resolution .No. 105-94 Amendment to Res. No. 89-91, Atascadero
Community Services Foundation
B. Resolution No. 95-94 - Appointing five members-at-large to the
Atascadero Community Services Foundation, Inc., Board of Directors
4. RESOLUTION NO. 106-94 - Authorizing the execution of an agreement with
Yakima Compost Co., Inc., for biosolids management and disposal/reuse
services
B. PUBLIC HEARINGS:
1. TENTATIVE PARCEL MAP 94001, 8500 PORTOLA ROAD - Consideration of
a tentative parcel map application to divide an existing 1 .35-acre (gross) lot into
two parcels of 0.54 and 0.68 acres (net) for single family residential use
(Maxson/Wilson Land Surveys) (cont'd from 9/27/94)
C. REGULAR BUSINESS:
1. 1993-1994 REPORT AND 1994.-95 GOALS OF THE ADVISORY BODY TO THE S.L.O.
COUNTY MASTER PLAN TO REDUCE DRUG & ALCOHOL ABUSE
2. SALINAS RIVER AREA PLAN - Discussion and direction to staff relative to forwarding
additional comments to the County on this draft plan
3. ORDINANCE NO. 281 - Amending the official Zoning Ordinance text to allow
"business and vocational schools" in the Commercial Professional (CP) Zones
(Recommend motion to adopt on second reading by title only) '
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4. DISCUSSION: CANCEL/RESCHEDULE OCTOBER 25, 1994 MEETING
D. COMMITTEE REPORTS (The following represent ad hoc or standing commit-
tees. Informative status reports will be given, as felt necessary.):
1 . S.L.O. Council of Governments/S.L.O. Regional Transit Authority
2. City/School Committee
3. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group
4. Economic Round Table
5. Finance Committee
6. Highway 41 Realignment Community Advisory Committee
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1 . City Council
2. City Attorney
3. City Clerk
4. City Treasurer
5. City Manager
F. CLOSED SESSION:
CONFERENCE WITH LABOR NEGOTIATOR:
Negotiator: City Manager
Employee Organizations: Service Employees International Jnion, Atascadero
Police Officers Association, Atascadero Sergeants Service Organization,
Atascadero Safety Technicians Organization and Mid-Management Bargaining
Unit
3
E
RULES OF PUBLIC PARTICIPATION:
The City Council welcomes and encourages your ideas and
comments as a citizen. To increase the effectiveness of your
participation, please familiarize yourself with the following rules of
decorum:
O Members of the audience may speak on any item on the agenda, in the order
the item(s) are addressed by the Council, as directed by the Mayor. Items not
on the agenda should be submitted during the Community forum period (see '
below).
o Persons wishing to speak should step to the podium and state their name and
address, for the official record.
O All remarks shall be addressed to Council, as a whole, and not to any individual
member thereof.
o No person shall be permitted to make slanderous, profane or personal remarks
against any elected official, commissions and staff.
O A person may speak for five (5) minutes.
o No one may speak for a second time until everyone wishing to speak has had
an opportunity to do so, and no one may speak more than twice on any item.
o Council Members may question any speaker; the speaker may respond but,
after the allotted time has expired, may not initiate further discussion.
o The floor will then be closed to public participation and open for Council
discussion.
COMMUNITY FORUM:
O The Community Forum period is provided to receive comments from the public
on matters other than scheduled agenda items.
O A maximum of 30 minutes will be allowed for Community Forum, unless
Council authorizes an extension.
O State law does not allow the Council to take action on issues not on the
agenda; staff maybe asked to follow up on such items.
'Red Ribbon Week"
October 23-31, 1994
WHEREAS, Tobacco, alcohol and other drug use has reached yandemic stages in California
and throughout the united states; and
WHEREAS, It is imperative that community members launch untied and visible tobacco,
alcohol and other drug prevention education yrograms to eliminate the demand for these substances;
and
WHEREAS Cali ornians for D -Free Youth Inc. coordinates the California Red Ribbon
Celebration in cooyeration with National Family Partnership to Oer our citizens the opportunity
to demonstrate their commitment to healthy, drug free 1 festyles; and
WHEREAS, President Bill Clinton is the National Honorary Chairman. and Governor Pete
Wilson and Mrs. Gayle Wilson are State Honorary Chairpersons to yrovide national and state focus
on a Drug-Free America; and
WHEREAS, the Red Ribbon celebration will be observed across America during Red Ribbon
Week, October 23-31st, 1994; and
WHEREAS, Parents, Youth, Government, Business, Law Enforcement, Schools, Religious
Institutions, service organizations, Social Services, Health services, Media and the General Public
will demonstrate their commitment to drug free communities by wearing and disylaying Red Ribbons
during this week-long celebration;.
NOW, THEREFORE, Be it yroclaimed that the City Council of the City of Atascadero
does hereby supyort October 23 31st as RED RIBBON WEEK and encourages all citizens to
yarticipate in tobacco, alcohol and other drug yrevention yrograms and to yledge: NO USE OF
ILLEGAL DRUGS, AND NO ILLEGAL USE OF LEGAL DRUGS.
R. DAVID BEWLEY, Mayor
City_o f Atascadero, California
October 11, 1994
RedRibbon Committee
The .Honorable Mayor & City Council Members,
Every year we ask each city to support RED RIBBON WEEK
(October 23-31st) by issuing a Proclamation...The time has come again
to ask .for your support.
We have attached a sample proclamation .from a previous
year for reference.
This year we have a small presentation to the council in a
gift of "Red Ribbon.." T-shirts designed by a local 10 year old girl who wanted
to "help".
The second week of October would be a good time for a
proclamation & presentation...Please let us know what you can do. Thankyou!
Most Cordially,
C.R. Lara
1994 Campaign Chair
Roger Freberg
President
Phone: (daytime) 549-0905 Fax: 549-8217 (messages): 549-0903
Address: 1240 Marsh St. San Luis Obispo, California 93401
RECEIGiED
THE CAMBRIA CONNECTION
1920 MAIN STREET TATASCADERO
2 2 199440 CAMBRIA, CA 93428
927-1654
Don Aronson, Advisor CITY MANAGER
-------------
September 20, 1994
City Council of Atascadero
As county coordinator for Red Ribbon Week I am sending a sample
proclamation for your use in drawing attention to this important
prevention education emphasis throughout the nation, state and
San Luis Obispo County.
It would be great if you could have at your council meeting some
representatives of your local prevention groups and youth to take
part in presenting this proclamation to the community.
On the Thursday of Red Ribbon Week some of the providers of drug
and alcohol services in our county will be present at the
Farmer's Market in San Luis Obispo to hand out red ribbons and
brochures highlighting the various services available. There
will be entertainment and opportunities for children to come in
Halloween costumes.
Most schools will be having some kind of Red Ribbon Week
Celebration and you will want to give them the support they need
in their on-going efforts in giving our children a healthy
climate in which to grow and enjoy our beautiful part of this
earth.
Thank you for your partnership in making this Red Ribbon Week a
banner one this year. If I can be of assistance please call me
at 927-1654.
hoyl- �
Do
Aronson
County Coordinator of Red Ribbon Week 1994
ENC: Sample Proclamation
Agenda Item: A-1
Meeting Date: 10/11/94
ATASCADERO CITY COUNCIL
SEPTEMBER 27, 1994
MINUTES
The Mayor called the meeting to order at 7:00 p.m. Councilperson Luna led the
Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Highland, Johnson,. Luna and Mayor
Bewley
Absent: Councilmember Carden
Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City
Clerk
Staff Present: Andy Takata, City Manager; Henry Engen, Community
Development Director; Art Montandon, City Attorney;
Brady Cherry, Director of Community Services; Brad
Whitty, Finance Director; Lt. Bill Watton, Police Department
and John Neil, Assistant City Engineer
COUNCIL COMMENTS:
Mayor Bewley announced that the Spanish Talgo tilt train was scheduled to pass
through the North County on the weekend of October 1-2. He noted that Paso Robles
City Councilman (and President, Council of Governments) Chris Iversen was looking
for passengers.
PROCLAMATION:
Mayor Bewley presented the proclamation for "Domestic Violence Awareness Month"
(North County Women's Resource Center) to Eileen Allan, Director.
COMMUNITY FORUM:
Rush Kolemaine, Potrero Road resident, read his letter to the Editor of Atascadero
News published Friday, September 23, 1994 urging Council to expedite "Safe Routes
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to School" projects.
Eileen Allan, Director of the North County Womens' Shelter, expressed appreciation
to the City Council for continued commitment and support of the Womens' Shelter.
Former Counciiperson Bonita Borgeson, 7480 Del Rio Road, explained that the "Safe
Routes to School" program remains a concern to her and outlined past
accomplishments towards the effort. She asserted that it is up to the School District
to initiate the plan, obtain endorsement from Caltrans and seek ultimate approval by
the City Council.
Tony Kujawa, Atascadero Avenue resident,expressed concern regarding drainage run-
off relating to new development. Henry Engen asked the speaker to contact John Neil
who is monitoring the project to ensure that drainage does not become a problem.
Michael Kovacs, south Atascadero, inquired as to who is monitoring Atascadero's #1
status for places to live in America. The Mayor asked the speaker to contact the City
Manager.
Roger Kolbo, 8955 Carmelita Avenue, indicated that he desires to split his lot and
protests the $1,200 fee required to seek application. Henry Engen reported that a
General Plan amendment and re-zoning would be necessary before the lot split could
be granted. He added that the proposal would have to go through the State-
mandated hearing procedure. The Mayor suggested that Mr. Kolbo contact Mr. Engen
for further information.
Rush Kolemaine debated comments provided by Bonita Borgeson.
A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - August 9, 1994 (Cont'd from 9/13/94)
2. CITY COUNCIL MINUTES - August 23, 1994 (Cont'd from 9/13/94)
3. CITY COUNCIL MINUTES - August 25, 1994 (EI Paso de Robles/Atascadero
Councils Joint Meeting) (Cont'd from 9/13/94)
4. CITY COUNCIL MINUTES - August 30, 1994 (Special Meeting) (Cont'd from
9/13/94)
5. CITY COUNCIL MINUTES - September 8, 1994 (Special Meeting)
6. CITY COUNCIL MINUTES - September 13, 1994
7. CITY TREASURER'S REPORT - July, 1994
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Page 2
8. TENTATIVE PARCEL MAP 94001, 8500 PORTOLA ROAD - Consideration of
. a tentative parcel map application to divide an existing 1 .35-acre (gross) lot into
two parcels of 0.54 and 0.68 acres (net) for single family residential use
(Maxson/Wilson Land Surveys)
9. TENTATIVE PARCEL MAP 93001, 4805 &5205 CARRIZO ROAD -Acceptance
of final parcel map to subdivide two existing lots containing 10.75 acres into
four parcels containing 2.63 acres, 2.64, 2.68 and 2.77 acres (Hawkins/Wilson
Land Surveys)
10. RESOLUTION NO. 104-94 - CalTrans seismic projects and impact on local
projects
Micki Korba pulled Item #A-6. Councilman Luna pulled Items #A-8 & 10.
MOTION: By Councilman Johnson, seconded by Councilman Luna to
approve the Consent Calendar, Items #A-1 through 5, 7 & 9;
motion carried 4:0 by roll call vote.
Re: Item #6. CITY COUNCIL MINUTES - September 13, 1994
Micki Korba asked that page 2 of the Minutes of September 13th be amended to
reflect that a check for $2,000 towards the purchase of Stadium Park presented to
the City by Marj Mackey was reclaimed. The check, she added, was made out to the
Atascadero Historical Society and the money was not put into the City's bank
account.
MOTION: By Councilman Johnson, seconded by Councilman Highland to
approve the Minutes, as amended; motion passed unanimously.
Re: Item #8. TENTATIVE PARCEL MAP 94001, 8500 PORTOLA ROAD -
Consideration of a tentative parcel map application to divide an
existing 1 .35-acre (gross) lot into two parcels of 0.54 and 0.68
acres (net) for single family residential use (Maxson/Wilson Land
Surveys)
Councilman Luna indicated that he could not support the recommendation to approve
the Revised Conditions of Approval because #17 regarding road improvements was
eliminated by the Planning Commission. He asserted that the road will eventually fail
and the taxpayers will be come responsible for the cost. Councilman Highland agreed
and spoke in favor of requiring the road improvements now to prevent problems in the
future.
Henry Engen responded to questions from the Council. He suggested that if the
Council is not inclined to approve the Planning Commission recommendation it agree
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to continue the matter for public hearing. .
Public Comments:
Marcella Maxson, 8500 Portola, applicant spoke in support of the tentative parcel map
and explained the background behind the request. She pointed out that if the road is
widened a large oak tree will be most likely be struck by a motorist and cautioned that
this may not be safe. Mayor Bewley asked staff if this issue had been studied. Henry
Engen reported that the City Engineer had reviewed it and recommends the condition
because it is the cross-section standard for a minor arterial.
---End of Public Testimony---
Councilman Luna asked the City Attorney if development fees can be collected and
put into a fund in lieu of widening the street for later use, if and when the necessity
to widen the street becomes a reality. Art Montandon advised that this could be done
after making certain findings regarding creating a fee. He stated that the funds could
only be used to finance certain capital improvements and added that if they are not
used within five years they must be given back. The City Attorney reported that the
process to establish the fund would take 120 days to complete. Councilman Luna
spoke in favor of creating such a fund. Mayor Bewley agreed.
Councilman Johnson remarked that he could not support a condition requiring that the
road be widened in just that one area because it would result in a balloon effect.
He said he was willing, however, to go along with the Planning Commission's
recommendation. He agreed that there is a need to establish a development fund as
proposed by Councilman Luna for the future.
Councilman Luna asked the City Attorney what could be done in this particular case.
Art Montandon suggested that a condition be added that would require dedication and
a subdivision development agreement that would either require that dedication
improvements be constructed or, in the alternative, fees (when adopted) could be paid
in the required amount to mitigate traffic impacts caused by the subdivision. He
added that in the future the dedication requirement could be replaced with the fees
and the subdivision agreement would then become void. Councilmembers Luna and
Johnson indicated that they could support this recommendation. Staff proposed,
because of this new condition, that the matter be scheduled for a public hearing on
October 11 , 1994.
Motion: By Councilman Highland, seconded by Councilman Luna to continue
to the matter to the next meeting; motion carried unanimously.
Re: Item #10. RESOLUTION NO. 104-94 - CalTrans seismic projects and impact
on local projects
CC09/27/94
Page 4
• Councilman Luna objected to the resolution, as proposed,stating that California voters
turned down a two-millon dollar bond measure to retrofit infrastructure damaged by
earthquakes. He added that he could not support sending a message to Sacramento
urging the creation of a financing mechanism that will raise taxes.
Councilman Johnson spoke in favor of adopting the resolution because funding for
local projects las well as other areas in the State) will be siphoned off in order to
construct seismic retrofit in earthquake stricken areas of Los Angeles and San
Francisco.
Public Comments:
Eric Greening, representing the 5th district Citizens Transportation Advisory
Committee, proclaimed the resolution ill-timed and inappropriate and cautioned that
this type of pressure will not inspire wise decisions. He proposed several revisions to
the resolution and suggested that the Council engage in dialogue about what projects
it can and cannot do without.
Motion: By Councilman Highland, seconded by Councilman Johnson to adopt
resolution; motion passed 3.1 by roll call vote (Counci/member Luna opposed).
At approximately 7:55 p.m., Mayor Bewley called a break. At 8:10 p.m., the meeting
resumed.
B. PUBLIC HEARINGS:
1. MILLHOLLIN QUARRY - Status of financial assurances and revised reclamation
plan, pursuant to 12/14/94 Council action
Gary Kaiser provided an overview of the history of the mine, regulation of surface
mining and the extension of the revised reclamation plan. He reported that there is
a lack of operational restrictions and there has never been an Environmental Impact
Report completed for the quarry site. Mr. Kaiser explained that while the property
owner, Mr. Glenn Millhollin, agreed to suspend operations during negotiations in
December of 1993, he did not waive his vested rights to mine the quarry. He
summarized neighborhood concerns and the proposed interim operations agreement
submitted by the County Engineering Department. Mr. Kaiser also reported that Mr.
Millhollin had contracted with Omni Design Group, who has prepared a conceptual
plan superior to the existing reclamation plan for the quarry.
Art Montandon explained that the City of Atascadero inherited a vague reclamation
plan and noted that staff has provided the Council with options to address citizen
complaints regarding mining operations. He advised that Mr. Millhollin asserts he has
a legal vested right to mine and has legal obligations to the County. The County has
expressed the need for a continued affordable and accessible supply of gravel to build
CC09/27/94
Page 5
maintain Count roads.
and Y
Mr. Montandon outlined an alternative interim operations agreement and contrasted
it with the one submitted by the County Engineering Department. He explained that
the agreement proposed requires Mr. Millhollin to complete his application for an
amended reclamation plan and/or other development approval within ninety days of
the effective date of the agreement. The City, he added, shall process the application
without unreasonable delay. The City Attorney noted that the term of the interim
agreement shall be eight months and operating conditions are outlined in Exhibit "A"
of the agreement. With the exception of the hours of operations, he said, the County
is in agreement with the proposed standards he has presented. In conclusion, Mr.
Montandon pointed out that the agreement is a result of an attempt by staff to gain
consensus of all parties involved.
Councilman Luna expressed disappointment because the City is sixteen months into
the process, the 1980 reclamation plan has been determined inadequate and the
Council still does not have revised reclamation plan to review. He pointed out that the
City does not know what the life of the mine is and asserted that it is hard to approve
an operational plan without knowing what the eventual status of the mine will be. In
addition, Councilman Luna objected to the 15,000 cubic yards cap for removal of
material, as proposed in the interim operations agreement, and remarked that the City
should allow no more than 7,000 cubic yards to be removed per year as outlined in
Mr. Millhollin's 1980 plan.
Councilman Luna asked if there was any attempt by staff to address the sale price of
the material. Gary Kaiser reported that staff had not attempted to negotiate that
issue. Art Montandon reiterated that staff aspired to gain a consensus to move the
project forward to establish a development or reclamation plan and to give the City
more authority to regulate operations. He added that the 7,000 cubic yards figure
referred to in the 1980 application represents what cubic yards were removed
historically from that site. Mr. Montandon noted that if the application was approved
(and it is difficult to tell whether or not it was), the 7,000 cubic yards historical use
would be exempt from the reclamation plan because they were removed before State
legislation was enacted. He stated that the County did not, in his opinion, succinctly
set a 7,000 cubic yard limit. He said that the reclamation plan, on the other hand,
never contemplated the extraction of materials at the speed that it was extracted
some months ago and because of that speed of extraction the City can require an
amended reclamation plan.
Councilman Luna inquired whether or not the revised reclamation plan will contain a
provision for funds to cover the City's cost. Art Montandon reported that with the
exception of processing fees which the City will receive, staff has not looked at an
on-going royalty for extraction and monitoring costs, but added that staff will take
that tack if Council so directs. Councilman Luna indicated that he would like to see
this issue explored.
•
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In response to further inquiry from Councilman Luna, the City Attorney advised that
• the City Council does not have to make a finding that the interim operations
agreement is consistent with the General Plan. He explained that the final reclamation
plan will have to be found consistent with the General Plan, City ordinances,
standards and policies. Mr. Montandon also confirmed that the Council is not being
asked to make a finding that the conceptual illustration is consistent with the General
Plan. Staff believes, he noted, that the extraction of 15,000 more cubic yards will
not significantly impact the site that much more. He reported that 6,000 yards have
already been knocked down from the hillside to date and predicted that the actual
excavation will be less than 10,000 yards. The City Attorney pointed out that the
operator will have to get a tree removal permit to take down any more trees.
Councilman Johnson asked if the County operates the mine year-round. Gary Kaiser
reported that the pattern has been to extract materials from October to May and
added that most of what has been taken annually comes out during those months.
Public Comments:
Attorney John Belsher spoke on behalf of Glenn Millhollin, who was ill and unable to
be present. He mentioned that John Larson, Environmental Specialist, and Bruce
Elster of Omni Design Group were also present. Mr. Belsher explained that the
negotiations process has taken some time but noted that there had been no delays on
the part of the City. He stated that the mine has been shut down for quite some
time, but some agreement has now been reached and common goals have been
identified. Mr. Belsher commented in favor of approving the interim operational
agreement because it allows continued progress. He stated that all parties have
agreed that everyone has some rights to protect and the neighbors have agreed that
it is better to have one operator (although Mr. Millhollin would prefer to have more,
he added).
Mr. Elster demonstrated the conceptual plan for the site with overhead transparencies.
He illustrated the proposed topography and explained how access will be provided.
Mr. Belsher asked if he could reserve the right to conclude his statements after all
other public testimony has been received. Mayor Bewley indicated that this would be
permissable.
Public Comments:
Marcia Torgerson, 6200 Llano Road, announced that she wished to address the item
but was offering her 5-minute time period to Rose Flaherty.
Rose Flaherty, 203 Santa Rosa Road, indicated that she was speaking on behalf of
neighborhood residents and read a prepared statement (see Exhibit B) requesting a 30-
day continuance.
• CC09 27 94
Page 7
Gayle Swazey of Atascadero urged the Council to stop the mine.
---End of Public Testimony---
Councilman Highland asked the City Attorney what options are open to the Council
and what are the likely consequences of each option. Art Montandon advised that if
the Council chooses not to accept either interim operational plan, matters will return
to where they were in December of 1993. He indicated that the City may be
obligated to pursue the matter in court and predicted that if it is defeated, the City
may lose all control over the operations of the mine. He reiterated that cooperation
is needed by all parties.
Councilman Highland asked what the likelihood is of the County resuming operations
by October 1 , 1994. John Belsher responded that, although he hopes not to have to
face that kind of decision, Mr. Millhollin will see no reason to continue working on the
revised reclamation plan and will resume his business agreement already in affect. He
restated that the owner is willing to meet the terms set forth in the interim operational
plan.
Councilman Johnson pointed out that if the Council fails to enter into an agreement
tonight, it may lose the opportunity to acquire some control over the mining
operations. He spoke in favor of approving the interim operations agreement and
continue, during the next eight months, negotiating for a permanent plan that will
address all concerns. Councilman Highland and Mayor Bewley agreed.
Councilman Luna proclaimed that the Council does not have enough information to
approve the interim operational plan. He stated that although he would like to
approve it, he cannot, and suggested that the judicial system may be the only way to
resolve this issue.
John Belsher offered final comments in support of approving the interim operational
plan. He requested that the County's request for operating hours (8:00 a.m. to 5:00
p.m.) be approved.
Councilmembers Highland and Luna spoke in favor of giving consideration to the
neighborhood's requests as outlined in the neighborhood statement, as submitted by
Ms. Flaherty's. Andy Takata suggested that the Council take a break to allow staff
and Mr. Millhollin's legal counsel to confer.
By mutual consent, the Council recessed at 9:40 p.m. At 10:00 p.m., the meeting
reconvened.
Gary Kaiser summarized consideration given to the eight requirements listed in the
neighborhood statement (see page 2 of Exhibit A) requested for inclusion into the
interim operations agreement.
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Page 8
Item #1: Discussed but there was not agreement to include.
Item #2: Agreed to include language, "compliance with Air Pollution Control
District requirements will be maintained throughout operations" (wording to
that effect).
Item #3: Agreed to include language mandating full compliance with California
Highway Patrol regulations relative to the covering of loaded vehicles.
Item #4: Agreed to prohibit any off-street parking along Santa Lucia Road; no
agreement to regulate the number of trucks within the quarry.
Item #5: It was determined that there is not a need to include a weight limit
on the Graves Creek bridge in the interim operations agreement. Mr. Kaiser
noted that this issue can be addressed as part of the review of the revised
reclamation plan.
Item #6: Since no new areas are anticipated to be disturbed substantially
during the next eight months, no need was determined to require stockpiling
of topsoil. Mr. Kaiser noted that this issue will be looked at when long-term
plans are reviewed.
Item #7: The County agreed to restrict operations to the hours of 8:30 and
3:30 with an additional provision that they will coordinate with the Unified
School District to coincide their noon time break (12-12:30 p.m.) with the
kindergarten [school bus] drop-offs.
Item #8: The County agrees to warning signs with flashing lights and to
instruct drivers to drive with their headlights on into and out of the quarry site.
Mr. Kaiser noted that additional language will be included that the location of
warning signs will be subject to constant review and approval of the City.
Mr. Kaiser noted that the above-referenced revisions will affect only Exhibit A of the
Interim Operations Agreement.
MOTION: By Councilman Johnson, seconded by Councilman Highland to
accept the interim operational plan as amended.
Discussion on the motion: Councilman Highland asked for confirmation as to
the termination date of the interim operations agreement. The City Attorney
confirmed that the agreement will expire at the end of May 1995. Councilman
Johnson urged timely review of all concerns expressed for possible inclusion
into a longer term agreement and expressed concern that a window of
opportunity not be lost. Councilman Highland proclaimed that he will not vote
to extend the interim operations agreement at the end of eight months if there
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Page 9
is no substantial final agreement to approve. Councilman Johnson pointed out
that the interim operations agreement requires the owner to forward his
application for an amended reclamation plan within 90 days.
Vote on the Motion: Motion to approve the amended interim operations
agreement passed 3:1 by roll call vote (Councilmember Luna in opposition).
2. RESOLUTION NO. 103-94 - Entering into a public extension reimbursement
agreement with In-N-Out Burger Corporation
Henry Engen provided the staff report and recommendation to approve. He provided
clarification of zoning and the area affected and confirmed that there will be no cost
(other than accepting and maintaining the lines and lift station over the years) to the
general taxpayer.
Councilman Luna indicated that he was concerned that the fourteenth amendment
right be protected and asked staff if this item was, in effect, the protest hearing. Mr.
Engen responded that it was and noted that only new development would be required
to hook-up because of the proximity of the sewer. Mr. Engen noted that this kind of
arrangement is being proposed to be the model for future assessment districts where
the developer puts in the improvements per City plans and then seeks reimbursement
from those who might benefit.
Councilman Luna inquired if staff is updating the cumulative impact to the City's
wastewater treatment plant. Mr. Engen noted that in this particular case, the 5,000
gallons per day capacity of the lift station is the trigger; the City cannot accept uses
that will contribute more than the limit.
Public Comments:
Eric Greening, 7365 Valle, reiterated a previous statement that he feels the City does
not have an overall policy for acquisition of public improvements. He declared that
the proposal makes him uncomfortable and speculated that it may set an undesirable
precedent.
Mike Borgeson, 4780 Del Rio Road, urged the Council to ensure that work be
completed in a cost-effective manner. He observed that the costs were not checked
or under any control of the City and yet those costs are now being passed on to
others. He suggested that the City Council install some measures to protect the
residents. Mr. Borgeson speculated that zoning may change in the future and
wondered if this concept will be made easier without the due process of public
hearings.
---End of Public Testimony---
C
CC09/27/94
Page 10
MOTION: By Councilman Highland, seconded by Councilman Johnson to
adopt Resolution No. 103-94; motion carried 4:0 by roll call vote.
3. REQUEST TO AMEND THE ZONING TEXT TO ALLOW "BUSINESS AND VOCA-
TIONAL SCHOOLS" IN THE COMMERCIAL PROFESSIONAL ZONE (John
Shahan):
A. Ordinance No. 281 - Amending the official Zoning Ordinance text to
allow "business and vocational schools" in the Commercial Professional
(CP) Zones
(Recommend (1) motion to waive reading in full and read by title only,
and (2) motion to introduce on first reading by title only)
Henry Engen provided the staff report and recommendation to approve the zone
change and introduce Ordinance No. 281 by title only. There were no questions or
comments from the Council.
Public Comments:
Diana Bacon, 9025 Pajaro Lane, spoke in support of the proposed re-zoning and
encouraged the Council to support a local dance studio that serves the community
better than a roadside stand would.
---End of Public Testimony---
MOTION: By Councilman Luna, seconded by Councilman Highland to waive
reading in full of Ordinance No. 281 and read by title only; motion
carried unanimously by simple voice vote.
MOTION: By Councilman Luna, seconded by Councilman Highland to
introduce Ordinance No. 281; motion carried 4:0.
C. REGULAR BUSINESS:
1. DESIGNATE COUNCIL VOTING DELEGATE FOR LEAGUE ANNUAL CONFERENCE
By mutual consent, the Mayor was appointed the Voting Delegate; Councilman
Highland was appointed First Alternate and Councilman Johnson was appointed
Second Alternate.
D. COMMITTEE REPORTS (The following represent ad hoc or standing commit-
tees. Informative status reports will be given, as felt necessary.):
1. Economic Round Table - Councilman Johnson reported that the round
table had received a briefing from Koert/Palmer Associates. The study
CC09/27/94
Page 11
speculates that the City can support the Factory Outlet based on
clothing needs alone. Other members of Council expressed interest in
receiving a copy if the report.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Councilman Highland suggested that members of Council study Attachment D, pages
10 - 12 of the Salinas River Plan Update, noting that the mitigation measures
proposed may be of concern to Atascadero.
Mayor Bewley commented that he heard that the new Ralph Lauren factory outlet
store brought in over $30,000 during the first weekend they were open.
2. City Clerk
Lee Price mentioned that November 3, 1994 at 7:00 p.m. has tentatively been
selected as the date for the next "North County Summit" and will be held at the Paso
Robles High School Multi-Purpose Room. She indicated that she would appreciate
input regarding the tentative list of individuals and groups to receive notification of the
meeting. Andy Takata explained that further discussion is needed to determine who
will sit at the table.
3. City Treasurer
Micki Korba reported that she anticipates that the August City Treasurer's Report will
be on the next agenda.
4. City Manager
Andy Takata provided an overview of the next meeting agenda. He suggested that
the City Council give some consideration to postponing the October 25, 1994 meeting
because of the League of California Cities Annual Conference.
F. CLOSED SESSION:
At 10:44 p.m., the meeting was adjourned to Closed Session for purposes of:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:
Name of case: Hart v. City
Closed Session was adjourned at 11 :08 p.m. The City Attorney announced that the
City Council discussed the case with counsel but did not enter into any settlement
agreement.
CC09/27/94
Page 12
THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY,
OCTOBER 11, 1994 AT 7:00 P.M.
MINUTESREC RDED PREPARED BY:
LEE , City rk
Attachment: Exhibit A - (Flaherty)
CC09/27/94
Page 13
CC 09/27/94
EXHIBIT A
Page 1
I am speaking to you on behalf of a large group of citizens who are deeply
concerned about the impacts of an Interim Operations Agreement and the
subsequent mining operation at the Millhollin Quarry and the effect it will have on
our lives. Instead of all of us speaking individually about the concerns that we
have expressed repeatedly to the City in the past, we have decided as a group to
have one speaker represent the group tonight. However, before I begin, I would
like to ask those persons who have attended this evenings meeting because they
are concerned about this Quarry to please stand up now.
First of all, we feel the City is not ready to make a decision on this issue because
they have not acquired enough information about the following areas of concern:
1 . Negative environmental impacts including: the pollution of Graves
Creek, disruption of wildlife habitat, diesel fumes and dust's effect on
air quality, noise pollution and climatic changes due to ridge reduction.
2. Loss of neighboring property value.
3. Truck related hazards including: declining bridge condition, children's
safety and welfare within their own neighborhood, increased risk of
accidents on city roads due to size and frequency of trucks and the
accelerated deterioration of City roads.
4. Disruption of the social welfare including: stress-induced health
problems, fear and anxiety about the future of this neighborhood and
a growing mistrust of our governing institutions.
The Interim Operations Agreement is illegal for the following reasons:
1 . This Interim Operations Agreement is a project under the California
Environmental Quality Act also known as CEQA as defined by Section
15378 of the CEQA Guidelines and does not fall within the Class 7, 8
or 21 exemptions as indicated on page 2 of the Agreement or any
other exemption listed.
2. The Interim Operations Agreement violates the provisions of the
Surface Mining and Reclamation Act of 1975 also known as SMARA
specifically Section 2.777 of the Public Resources Code.
3. The provisions of the 1980 Reclamation Plan specifically indicate that
67,000 cubic yards will be removed from the mine during its entire
lifetime. This amount has already been reached and the Interim
Operations Agreement would exceed the limit specified in the 1980
Reclamation Plan.
4. Without waiving our rights to argue that Mr. Millhollin has no vested
rights in this mine at all, historical usage, SMARA, and the 1980
Reclamation Plan application would give Mr. Millhollin a vested right
CC 09/27/94
EXHIBIT A
Page 2
of no more than 7,000 cubic yards per year. The Interim Operations
Agreement would allow Mr. Millhollin more than he is entitled to under
the provisions of statutory or common law.
5. There is insufficient evidence in the record or disseminated to the
public indicating what Mr. Millhollin's vested rights under SMARA
actually are. Therefore, we are requesting that the City and/or County
provide us with a full documentation showing the yearly excavation
and/or purchase of rock from the Millhollin Quarry from 1945 to the
present.
6. If the City fails to perform its duties under CEQA or SMARA, we will
look into getting a Temporary Restraining Order from the Superior
Court.
Without waiving our objections to this proposed Interim Operations Agreement, we
submit the following list of requirements which we feel need to be addressed
within the Agreement:
1 . Objective monitoring of the County's mining progress to insure their
compliance with the Interim Operations Agreement.
2. Proper on-site dust abatement. According to EPA standards, relying
on rain alone does not qualify as dust control.
3. Gravel-loads must be covered on trucks upon leaving the Quarry site.
4. There should be a limit as to the number of trucks allowed in the
staging area at one time, and no trucks shall be allowed to park on
Santa Lucia Road while waiting to access the Quarry.
5. Due to declining condition of Graves Creek bridge, weight limits on
trucks need to be closely monitored. For example, a load of wet rock
weighs substantially more than a load of dry rock.
6. Topsoil must be stockpiled and covered on-site.
7. Trucks which haul gravel, whether empty or not, shall traverse Santa
Lucia Road only between the hours of 9:00 a.m. and 12:00 p.m., and
1 :00 p.m. and 2:30 p.m. Although we appreciate relocating the
school bus stops so that children will not have to cross the Graves
Creek Bridge, there will still be children all along the truck route. The
reason for the additional 12 - 1 break is to accommodate the
kindergartners coming home from school at midday.
• 8. Flagpersons controlling traffic on either side of Quarry entrance to
insure safety of drivers on road when trucks are pulling out.
CC 09/27/94
EXHIBIT A
Page 3
We received our notices for the September 16th. neighborhood meeting on
September 10th. which is only a 6 day notice. Not only were we given insufficient
notice but the meeting was scheduled on a Friday night, which was very
inconvenient for many people. We also aware of some people who live within
300 feet of the Quarry and were on the list from the June 22nd meeting who did
not get a notice for the September 16th. meeting.
The September 16th. meeting was the first opportunity the citizens were given to
review the proposed Interim Operations Agreement. That was only 10 days ago.
The actual Interim Operations Agreement drafted by the City Attorney was only
made available to you, the City Council, within the last 24 hours; and to the public
shortly before this meeting. We feel that this Interim Operations Agreement does
not adequately address many of our legitimate concerns. We feel that all parties
have not had sufficient time to adequately review this proposed agreement.
After the September 16th. meeting, and because of our increasing doubts that the
City is acting in our best interests, a portion of those who stood up a few minutes
ago, have felt forced to seek outside legal counsel to insure that any approval
and/or agreement be in accordance with the law. We have had one week to find
an attorney, relay the enormous amount of information involved in this case to that
attorney, have that attorney review all that information and have that attorney
advise us. One week has simply not been enough time to accomplish this.
Therefore, we are respectfully asking for a 30 day continuance of this agenda item.
A continuance would not only give us much needed time but also would give you,
the Council, additional time to thoroughly review this complex issue.
kR N�6
Rose Flaherty
203 Santa Rosa Creek Road
Templeton
REPORT TO CITY COUNCIL Meeting Date: 10/11/94
CITY OF ATASCADERO Agenda Item: A-2
Through: Andy Takata, City Manager
From: Bradford Whitty, Finance Director
SUBJECT•
Payment of Audited Bills and Payroll for the Month of September,
1994.
RECOMMENDATION:
Approve certified City accounts payable, payroll and payroll vendor
checks for the month of September, 1994.
Attached, for City Council review and approval, are the following:
A. Payroll for Pay Period ending September 2, 1994 $136,317.14
B. Payroll for Pay Period ending September 16, 1994 130,383.24
C. Payroll Vendor Checks for September 1994 131,837.47
D. Accounts Payable Checks for September 1994 452,731.38
E. Special Payroll for September 16, 1994 90.73
The undersigned certifies that the attached demands have been
released for payment in the total amount of $851,359.96 and have
been reviewed in conformity with the budget of the City of
Atascadero and that funds are available for these demands.
Dated: 10/4/94
BRADFORD W ITTY, Fi a ce Director
Approved by the City Council at a meeting held
LEE PRICE, City Clerk
a:auditbills
#42
000001
CITY OF ATASCADERO
Payroll for September, 1994
PAYPERIOD ENDING DATE: September 2, 1994
CHECK NUMBERS ISSUED: 17786 to 17948
TOTAL AMOUNT: $136, 317. 14
PAYPERIOD ENDING DATE: September 16, 1994
CHECK NUMBERS ISSUED: 18005 to 18148
TOTAL AMOUNT: $130 ,383 .24
PAYPERIOD ENDING DATE: September 16, 1994
(Special Payroll )
CHECK NUMBERS ISSUED: 18150
TOTAL AMOUNT: $90.73
Approved:
\Ar t—vl\ �- \� -
Finance DireJ or
000002
r'
CITY OF ATASCADERO
Payment of audited bills for SEPTEMBER, 1994
PAYROLL VENDOR PAYMENTS
Check # _17950 through _17991
Total Amount : _$131 ,837 .47
Ap ved:
Brad Whitty, Finan Director
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•
CITY OF ATASCADERO
Payment of audited bills for SEPTEMBER, 1994
ACCOUNTS PAYABLE
Check # _45542 through _47930
Total Amount : _$452,731 .38 _
Ap d:
Brad Whitty, Finan CO
Director
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REPORT TO CITY COUNCIL ITEM: A-3(a)
CITY OF ATASCADERO MEETING DATE: 10/11/94
THROUGH: Andrew J. Takata, City Manager
FROM: Brady Cherry, Director
Department of Community Services
SUBJECT:
RESOLUTION 105-94 - AMENDMENT TO RESOLUTION 89-91 - ATASCADERO
COMMUNITY SERVICES FOUNDATION
RECOMMENDATION:
Adopt Resolution 105-94 amending the Community Services Foundation
membership.
BACKGROUND:
On September 8, 1994 , the Atascadero City Council held interviews
for to the Atascadero Community Services Foundation Board of
Directors. Due to the wide range of expertise of the candidates,
the Council determined to expand the Foundation's membership.
The bylaws are amended accordingly.
BC:kv
a:csf. 9
Attachment - Resolution 105-94
Resolution No. 89-91
000013
RESOLUTION NO. 105-94
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO
AMENDING RESOLUTION NO. 89-91
ATASCADERO COMMUNITY SERVICES FOUNDATION
WHEREAS, Y
the Cit Council adopted Resolution Number 89-01
establishing the City's Community Services Foundation, a non-profit
corporation for community services; and
WHEREAS, the City Council did, on September 8, 1994,
determined to modify the Foundation Board of Director membership.
NOW THEREFORE, the modification of membership creates a need
to amend the following sections of Resolution 89-91 as follow:
EXHIBIT "A", SECTION III•
The name and address in the State of California of this
corporation's initial agent for service of process is:
City Manager
City of Atascadero
6500 Palma Avenue
Atascadero, California 93422
EXHIBIT "B"-IV DIRECTORS AND BOARD OF DIRECTORS MEETINGS
SECTION A. NUMBER AND REQUIRED DIRECTORS.
(1) The number of Directors of the Atascadero Community
Services Foundation shall be not less than seven (7) and not more
than twelve (12) . The number of authorized Directors shall be
specified by the Atascadero "City Council" and may be changed by
the City Council annually at the time of the Annual Report (as
hereinafter defined) is submitted for City Council review. The
Directors shall serve without pay.
(2) Three (3) members of the Board shall be those persons
holding the positions of the City Director of Community Services,
City Director of Finance, and President of the Zoological Society
of San Luis Obispo County, or person serving in like capacities as
those capacities may be renamed from time to time, and as those
persons may be selected or elected from time to time. The term of
each individual serving in one of the three (3) above named
capacities shall be co-extensive with the term each such person
serves in the capacity so noted. Any person succeeding to the
title of one of the three (3) above named capacities shall
automatically become a Director of the Corporation.
()00014
RESOLUTION 105-94
. Page Two of Two
EXHIBIT "B", SECTION VII, OFFICERS
SECTION A. OFFICERS:
The Atascadero community Services Foundation, Inc. , shall have
a President, a Vice-President, Secretary, Treasurer and such other
officers as may be designated by the Board of Directors. The
Treasurer shall be the Atascadero Director of Finance. All other
officers hall be elected by the Board of Directors for a term of
one (1) year. Only members of the Board of Directors shall be
eligible to serve as officers of the Corporation. Officers shall
have the powers and duties as specified below, together with such
other duties as may be specified from time to time by resolution of
the Board of Directors. The officers of the corporation shall
serve without pay.
On motion by Councilperson and seconded by
Councilperson the foregoing resolution is
hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
LEE RABOIN, City Clerk R.DAVID BEWLEY, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON,
City Attorney
APPROVED AS TO CONTENT:
BRADY D. CHERRY, Director
Department of Community Services
. a:csf.res
00001.5
RESOLUTION NO. 89-91
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO DECLARING THE NEED FOR
A NON-PROFIT CORPORATION FOR COMMUNITY
SERVICES AND AUTHORIZING ITS
INCORPORATION AS A TAX-EXEMPT ENTITY
THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES
HEREBY FIND AND RESOLVE AS FOLLOWS:
I. FINDINGS
A. There presently exists in the City of
Atascadero a need for education about, and additions and
improvements to, the Atascadero Zoo, public parks and
recreation facilities, cultural opportunities and other
community services (hereafter, collectively, "Community
Services" .
B. The responsibility for providing the
needed education about, and additions and improvements to,
Community Services presents a burden on the finances and
physical resources of the City which can be alleviated by
the establishment of a non-profit, tax-exempt corporation to
which the public will be encouraged to make contributions
for Community Services.
II. RESOLVED
A. That it is in the best interest of the
health safety and general welfare of the public for thereto
be established a non-profit corporation to encourage
participation in, and to accept tax-exempt contributions to,
the Community Services.
B. That the City Council does hereby
authorize the City Attorney's office to proceed with the
incorporation of a non-profit, tax-exempt corporation, to be
known as the ATASCADERO COMMUNITY SERVICES FOUNDATION, INC. ,
to be organized in substantial conformity with the Articles
of Incorporation attached hereto as Exhibit A and the By-
laws attached hereto as Exhibit B, both of which are
incorporated herein by this reference
Page 1
000016
III. AU'T'HORIZED SIGNATURE AND CERTIFICATION
l
The Mayor is authorized to execute this Resolution
and the City Clerk shall certify the adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED this 10th day of
September, 1991.
AL EN SHIERS, MAYOR
ATTSS_
LEE RABOIN, CITY CLERK
APPROVED AS TO FORM: - .
dl�Gai
Y DUS GAYLE,
ASS STANT CITY ATTORNEY
Page 2
00001'7
CERTIFICATION
I, LEE RABOIN, CITY CLERK OF THE CITY OF
ATASCADERO, HEREBY CERTIFY that the foregoing Resolution was
duly adopted by the City Council of the City of Atascadero,
California at a regular meeting thereof, held on the 10th
day of September, 1991, upon motion made by Councilmember
Lilley and seconded by Councilmember Dexter and upon the
following vote of the City Council:
AYES: Mayor Shiers, Councilmembers Lilley, Dexter and
Borgeson
NOES: None
ABSENT: None
ABSENCoun ciliaember_ Nimmo
L E RABOI , CITY CLERK
Page 3
000018
• EXHIBIT "A"
ARTICLES OF INCORPORATION
OF
ATASCADERO COMMUNITY SERVICES FOUNDATION, INC.
I.
The name of this corporation is ATASCADERO COMMUNITY
SERVICES FOUNDATION, INC.
II.
A. This corporation is a nonprofit public benefit
corporation and is not organized for the private gain of any
person. It is organized under the Nonprofit Public. Benefit
Corporation Law for charitable purposes.
B. This corporation is formed exclusively for public
and charitable purposes, including the following: to lessen the
burdens of government of the City of Atascadero by promoting
public welfare and education through the acceptance of
contributions for use in the Atascadero Zoo, public City parks,
public City recreational. and cultural facilities, and other
. public facilities.
III.
The name and address in the State of California of this
corporation's initial agent for service of process is:
Ray Windsor
City Manager
City of Atascadero
6500 Palma Avenue
Atascadero, California 93422
IV.
A. This corporation is organized and operated
exclusively for charitable purposes within the meaning of Section
501 (c) (3) of the Internal Revenue Code.
B. No substantial part of the activities of this
corporation shall consist of carrying on propaganda, or otherwise
attempting to influence legislation, and the corporation shall
not participate or intervene in any political campaign (including
the publishing- or distribution of statements) on behalf of any
candidate For public office.
1
EXHIBIT "A'f
000019
EXHIBIT HBO
BYLAWS FOR THE REGULATION OF
THE ATASCADERO COMMUNITY SERVICES FOUNDATION, INC.
I.
NAME AND ADDRESS
SECTION A. NAME OF ASSOCIATION. The name of this
"Corporation" shall be the "ATASCADERO COMMUNITY SERVICES
FOUNDATION, INC. ", a nonprofit organization incorporated under
the laws of the State of California.
SECTION B. PRINCIPAL EXECUTIVE OFFICE. The address
of the principal executive office of the Atascadero Community
Services Foundation, Inc. , shall be located at Atascadero City
Hall, 6500 Palma Avenue, Atascadero, California 93422 , or at such
other place as the Board of Directors hereafter may designate.
The City of Atascadero is hereinafter referred to as, the "City".
II.
PURPOSES AND LIMITATIONS
SECTION A. GENERAL PURPOSES. The general purpose of
enhancin , and
maintaining, _ g
e corporation shall be to assist in
mai g
th p anon
promoting the Atascadero Zoo, Atascadero public parks, recre
public facilities which serve
facilities, and other
and cultural
the general public, to familiarize the public with those Public
facilities and their contribution to the growth and welfare of
the United States, the State of California, the County of San
Luis Obispo and the City, and to accumulate and manage such
facilities lities for the public benefit to the following ends:
1. Personnel - To recruit, train, encourage and
recognize volunteers as docents, guides, hosts, staff support in
maintenance, displays and public functions under the supervision
of the City Director of Community Services, as appropriate;
2 . Publicitv - To establish a group to promote
on-going use of the public facilities to promote educational,
recreational and historical values and to plan and develop
special events;
3 . Funding - To encourage donations, grants and
corporate gifts for expansion, preservation, improvement and
.maintenance of the Atascadero Zoo, Atascadero public parks,
recreational and cultural facilities, and other public facilities
in pursuit of the Corporation's goals.
1
EXHIBIT HBO
000020
SECTION A. OTHER PURPOSES. The Corporation may
engage in such further and other purposes as may be permitted by
law, provided however, that such purposes are authorized and
approved by the Board of Directors, are in furtherance of the
Corporation's public charitable purposes, and are of the type
permitted to be performed under Section 501(c) of the Internal
Revenue Code of 1986.
III.
MEMBERS
MEMBERS PROHIBITED. The Corporation shall not have any
members.
EFFECT OF PROHIBITION. Any action which would otherwise
require approval by a majority of all members or approval by the
members shall require only approval by a majority of the Board of
Directors.
IV.
DIRECTORS AND BOARD OF DIRECTORS MEETINGS
SECTION A. NUMBER AND REQUIRED DIRECTORS.
(1) The number of Directors of the Atascadero Community
Services Foundation, Inc. shall be not less than seven (7) and
not more than nine (9) . The number of authorized Directors shall
be specified by the Atascadero "City Council"' and may be changed
by City Council annually at the time the Annual Report (as
hereinafter defined) is submitted for City Council review. The
Directors shall serve without pay.
(2) Four (4) Members of the Board shall be those
persons holding the positions of City Director of Community
Services, City Director of Community Development, City Director
of Administrative Services, and President of the San Luis Obispo
County Zoological Society, or persons serving in like capacities
as those capacities may be renamed from time to time, and as
those persons may be selected or elected from time to time. The
term of each individual serving in one of the four (4) above-
named capacities shall be co-extensive with the term each such
person serves in the capacity so noted. Any person succeeding to
the title of one of the four (4) above-named capacities shall
automatically become a Director of the Corporation.
2
EXHIBIT "Ba
Section IV, above. Any person succeeding to the capacity of City
Manager shall automatically become an Ex-officio Director of the
Corporation.
SECTION D. PLACE OF MEETINGS. Meetings of the Board
of Directors shall be held at any place within or without the
State of California, which has been stated in the notice of the.
meeting, or if not stated in the notice, or if there is no
notice, at Atascadero City Hall, . 6500 Palma, Atascadero,
California, 93422, or at such other place as may be designated
for Directors' meetings, from time to time, by resolution of the
Board of Directors.
SECTION E. REGULAR MEETINGS. Regular meetings of
the Board of Directors shall be held on the day and at the hour
or at such other day and time as may be determined by the Board
of Directors. No notice need be given in connection with such
regular meetings, except that notice shall be given to each
Director of any resolution of the Board changing the - regular-
meeting date or time.
SECTION F. QUORUM REQUIRED FOR ACTION AT MEETINGS.
A majority of the authorized number of Directors present at a
meeting shall constitute a "quorum" of the Board of Directors for
the transaction of business. For purposes of determining a
quorum, the Ex-officio Director shall not be counted.
SECTION G. SPECIAL MEETINGS. Meetings other than
regular meetings of the Board may be called by the President, and
shall be called by the President upon the request of any two
Directors requesting a special meeting.
SECTION H. REMOVAL OF DIRECTORS. A Director
appointed pursuant to Section IV.B, above, may be removed by
action taken by a majority of the City Council or by a vote of
the majority of the Directors then in office subject to approval
in writing by the City Council.
SECTION I. VACANCIES . A vacancy on the Board of
Directors shall exist upon the occurrence of any of the
following:
(1) The death or resignation of any Director.
(2) The suspension or termination of any Director
pursuant to the provisions of Section IV.H, above.
(3) An increase in the authorized number of Directors
without appointment by the City Council .
4
EXHIBIT "B"
00,0022
SECTION B. APPOINTMENT OF DIRECTORS. All Directors
not required by Section IV.A (1) , above, shall be appointed by
the City Council, as follows:
(1) In the event that the City Council initially
authorizes seven (7) members to the Board of Directors, the three
(3) Directors named initially by the City Council to fill the
seats not designated in Section IV.A(1) , above, shall be
appointed for staggered terms with one (1) Director appointed for
a period of three (3) years, one (1) Director appointed for a
period of two (2) years and a third appointed for a period of one
(1) year.
(2) In the event that the City Council initially
authorizes nine (9) members of the Board of Directors, the four
(4) Directors named initially by the City Council to fill the
seats not designated in Section IV.A(1) , above, shall be
appointed for staggered terms with three (3) Directors appointed
for a period of three (3) years, and two (2) Directors appointed-
for a period of two (2) years.
(3) In the event that the City Council changes the
number of authorized Directors at any time permitted by these By-
laws, the newly created positions shall be filled for full terms
of three (3) years each.
(4) The term of each person named for a staggered term
pursuant to Subsection (1) or Subsection (2) , above, shall be
specified in the action of the City Council so naming each of
those Directors.
(5) After the initial terms of the Directors named by
the City Council pursuant to Subsection (1) or Subsection (2) ,
above, the Directors appointed by the City Council shall serve a
three (3) year term.
(6) Directors appointed by the City Council pursuant to
this Section IV.B may be reappointed by the City Council at the
expiration of their terms, without limitation.
SECTION C. EX-OFFICIO DIRECTOR. The City Manager of
the City of Atascadero shall serve as an Ex-officio Director.
Said Ex-officio Director shall have no voting power but may serve
otherwise in all capacities as a Director and may participate in
deliberations and discussions at all meetings of the Directors as
a member of the. Board. The Ex-officio Director shall be a
permanent member of the Board and shall not be a Director
additional to the number of Directors authorized pursuant to
3
EXHIBIT "B"
0000'01'„3
�i (4) The failure of the City Council to appoint the full
number of authorized Directors to the Board.
A reduction of the authorized number of Directors shall
not operate to remove any Director prior to the expiration of his
or her term of office.
V.
FINANCING
SECTION A. SOLICITATION OF FUNDS. The Corporation's
primary source of funds shall be through solicitation of funds
from the general public through gifts, bequests, trusts, or other
devices and conducting special fundraising events.
SECTION B. BUDGETING. The Board of Directors shall
prepare and submit to the City Council, for approval, an annual
operating budget for the Corporation.
VI.
INDEMNIFICATION OF DIRECTORS. OFFICERS ,
AND OTHER CORPORATE AGENTS
SECTION A. INDEMNIFICATION. The Atascadero
ll, to the maximumextent
Community Services Foundation, Inc. sha _
permitted by California law, indemnify each of its Directors and
Officers and the City of Atascadero, its Council and its officers
and agents, against any expenses, judgments, fines, settlements,
and other amounts actually and reasonably incurred in connection
with any proceedings arising by reason of the fact any such
person is or was a Director or Officer of the Atascadero
Community Services Foundation, Inc.
SECTION B. NON-EXCLUSIVITY. The right of
indemnification or advancement of expenses provided herein shall
not be deemed exclusive of any other rights which any Director or
Officer of the Corporation, or any other person seeking
indemnification or advancement of expenses may have, whether by
law or under any agreement, insurance policy, vote of
disinterested Directors, or otherwise.
VII.
OFFICERS
SECTION A. OFFICERS. The Atascadero Community
Services Foundation, Inc. , shall have a President, a Vice-
President, Secretary, Treasurer and such other Officers as may be
5
EXHIBIT "B"
designated by the Board of Directors. The Treasurer shall be the
Atascadero Director of Administrative Services. All other
Officers shall be elected by the Board of Directors for a term of
one (1) year. Only Members of the Board of Directors shall be
eligible to serve as Officers of the Corporation. Officers shall
have the powers and duties as specified below, together with such
other duties as may be specified from time to time by resolution
of the Board of Directors. The Officers of the corporation shall
serve without pay.
Powers and Duties of the President.
(1) To act as the Chief Executive Officer
(2) To exercise general supervision over all the affairs of
the Corporation.
(3) To nominate members to committees necessary to carryout
the executive functions.
(4) To propose activities in the best interest of the:
Corporation.
(5) To propose policies and legislation of the Board of
Directors.
(6) To propose the budget of the Board of Directors in
conjunction with the Treasurer.
(7) To administer regulations and By-laws.
Powers and Duties of the First Vice President.
(1) To assist the President in carrying out the executive
functions.
(2) To have the power and authority of the President when
the President is absent.
Powers and Duties of the Treasurer.
(1) To maintain all the financial books and records of 'the
Corporation consistent with generally accepted accounting
principles.
(2) To make regular financial reports to the Board of
Directors at regular business meetings.
6
EXHIBIT "BK
000(. 2:)
(3) To sign all disbursements of the Corporation which shall
9
also be cosigned by the President or First Vice-President.
(4) To be responsible for the collection and disbursement of
the Corporation funds.
Powers and Duties of the Secretary.
(1) To keep permanent comprehensive records of the
Corporation's action.
(2) To record the minutes at each and every meeting, and to
prepare the said minutes for presentations and approval at
the next regularly scheduled meeting.
(3) To handle any correspondence at the request of the Board
of Directors or committee members.
(4) To be responsible to the President for all letters and
notices necessary for promotion and execution of the
function of the Corporation and may include a
newsletter/bulletin.
SECTION A. LIMITED AUTHORITY OF OFFICERS. No .
Officer of the Atascadero Community Services Foundation, Inc.
shall have any power or authority, outside of the normal day-to-
day business of the Corporation, to bind the Corporation by any
contract or engagement or to pledge its credit or to render it
liable in connection with any transaction unless so authorized by
the Board of Directors.
VIII.
AMENDMENTS
New By-laws may be adopted or these By--lads may be
amended or repealed by a majority of the Board of Directors.
IX.
FISCAL YEAR
The "fiscal year" of the Corporation shall be the sane
as that of the City.
EXHIBIT "B"
0000x6
ANNUAL REPORTS
SECTION A. The Board shall cause an 'Annual Report"
to be sent to the City Council and the Directors within 120 days
after the end of the corporation's fiscal year. The Annual
Report shall contain the following information for the fiscal
year, in such detail as is necessary to clearly explain the
fiscal transactions and status of the Corporation for that fiscal
year:
(a) The assets and liabilities, of the Corporation as
of the beginning and the end of the fiscal year.
(b) The principal changes in assets and liabilities
within the fiscal year.
(c) The revenue or receipts of the Corporation, both
unrestricted and restricted to particular purposes.
(d) The expenses or disbursements of the Corporation
for both general and restricted purposes.
(e) Any information required by Section IX. B. , below.
The Annual Report shall be accompanied by an audit
report of independent accountants or, if there is no such audit
report as permitted by this Section . IX.A, by the certificate of
the Treasurer of the Corporation that such statements were
prepared without independent audit from the Corporation's books
and records.
If the Corporation receives less than $25, 000 in gross
receipts during a fiscal year an Annual Report must still be
furnished to the City Council and to all Directors but no audit
report need be prepared by an independent accountant for such a
fiscal year.
SECTION B. As part of the Annual Report to the City
Council, the Corporation shall annually prepare and mail or
deliver to the City Council and furnish to each Director, a
statement of any transaction or indemnification of the following
kind within 120 days after the end of the Corporation's fiscal
year:
(1) Any transaction (i) in which the Corporation, its
parent, or its subsidiary was a party, (ii) in which an
"interested person" had a direct or indirect material
financial interest, and (iii) which involved more than
$50, 000, or was one of a number of transactions by the
same interested person which, in the aggregate, totalled
8
EXHIBIT "Bff
000027
more than $50,000. For this purpose, an "'interested
person" shall be any Director or officer of the
Corporation, its parent, or one of its subsidiaries;
provided, however, that mere common directorship held by a.
Director or Officer of the Corporation, its parent, or one
of its subsidiaries with another non-related entity or
person with whom the Corporation contracts shall not be
considered an interested party.
The above-required statement shall include a brier
description of the transaction, the names of interested
persons involved, their relationship to the Corporation,
the nature of their interest in the transaction and, if
practicable, the amount of that interest, provided that if
the transaction was with a partnership in which the
interested person is a partner, only the interest of the
partnership need be stated.
(2) Any indemnifications or advances aggregating more
than $10,000 paid during the fiscal year to any Officer or
Director of the Corporation under Section VI.A, above.
IN WITNESS WHEREOF, these By-laws have been executed as
of this day of 1991.
PRESIDENT
SECRETARY
g
EXHIBIT- "B"
{7()n0�8
REPORT TO CITY COUNCIL Meeting Date: 10/11/94
CITY OF ATASCADERO Agenda Item : A-54b)
Through: Andy Takata, City Manager
From: Lee Price, City Clerk
SUBJECT:
Appointments to the Board of Directors for the Community Services
Foundation, Inc.
RECOMMENDATION:
Adopt Resolution No. 95-94 appointing John McNeil, Carol Bruns, Steve
Knuckles, Karen Lewis and Barbara Baranek to the Board of Directors for the
Community Services Foundation, Inc.
BACKGROUND:
The City Council conducted interviews on September 8, 1994 and directed
staff to amend the Foundation By-Laws by increasing the number of board members
to twelve (please see Minutes Excerpts, attached). Item A-6(a) on this agenda
reflects those amendments.
DISCUSSION:
Although the by-laws specify that appointments (after the initial appointments
in 199 1) are to be for three years, staff believes that by staggering the terms it will
provide for a balance that might not otherwise be achieved. The appointees were
each contacted and asked for a preference; staff was able to accommodate them all.
Attachments: Resolution No. 95-94
CC 9/8/94 Meeting Excerpt
000029
RESOLUTION NO. 95-94
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA,
APPOINTING FIVE (5) MEMBERS-AT-LARGE TO THE
ATASCADERO COMMUNITY SERVICES FOUNDATION, INC.
BOARD OF DIRECTORS
WHEREAS, the City Council adopted Resolution No. 89-91 establishing the
Atascadero Community Services Foundation, Inc., a non-profit corporation; and
WHEREAS, the Articles of Incorporation set forth the number of required Board
of Directors to include five members of the public-at-large; and
WHEREAS, there does exist two vacancies due to expiring terms; and
WHEREAS, public advertisements soliciting interest in appointment to the Parks
& Recreation Commission have been published, distributed and posted; and
WHEREAS, the City Clerk did receive six (6) applications for consideration; and
WHEREAS, the City Council did, on September 8, 1994, interview and consider
six (6) applicants and, due to the diversecaliber of the candiates, directed staff to
amend the Foundation By-Laws by increasing the Board's membership to twelve (12)
providing the means for which all six candidates could be appointed to serve; and
WHEREAS, the City Council adopted, on October 11, 1994, Resolution No.
105-94 amending said Foundation By-Laws specified in Resolution No. 89-91 ; and
WHEREAS, one candidate did graciously accede.
NOW, THEREFORE, the City Council of the City of Atascadero does resolve to
appoint the following citizens to a two (2) year term each expiring on September 1,
1996:
John McNeil Carol Bruns
AND FURTHER, the City Council of the City of Atascadero does resolve to
appoint the following citizens to a three (3) year term each expiring on September 1,
1997:
Steve Knuckles Karen Lewis Barbara Baranek
000030
Resolution No. 95-94
Page 2
On motion by Councilperson and seconded by Councilperson
, the foregoing Resolution is hereby adopted in its entirety on the
following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCAD'ERO
By:
LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor
APPROVED
AS TO FORM:
ARTHER R. MONTANDON, City Attorney
i
000031
Approved as Submitted
Meeting Date: 09/27/94
ATASCADERO CITY COUNCIL
MINUTES
SEPTEMBER 8, 1994
Mayor Bewley called the meeting to order at 4:45 p.m. Present were Councilmembers
Carden, Highland,Johnson, Luna and Mayor Bewley. Also present were Andy Takata,
City Manager; Brady Cherry, Director of Community Services and Cindy Wilkins,
Secretary to the City Manager/Deputy City Clerk.
PURPOSE OF MEETING: The City Council met to interview and consider applicants
to the Atascadero Community Services Foundation Board of Directors and the City's
Parks & Recreation Commission.
MEETING HIGHLIGHTS:
: ::. :..:......:.. .:: .: ...;.�.� :... .. .::.;:;:: . .. .�I. . �.: �:�:lei? '�:�11�:��t�:► .;:.;::.:::::::::<.;;:.:.::.;;;:.;:.::>:.:::::::::::.
:..;:.;;;..................
..
.:+::::>:«:::::::::>:<::.��::;::::::::.. i+.�>* ..+�i:+� k.i.(�!i ::: .4�.��''.:i::it .�xat � 'x.r�4i�'�''���E�i ::>: �� �1:C�.•. �s ��
..::::::.:::::::;:.::::::::....:..::..:.....::...:...
:. :>:::> t€ :>::>::: ..............:::::::::::.................::::::::::::...:...::.......:.::::::::::...:..:...
::: r .l:....................::::::::::::::...............:::::.::::...... ........:::: ::::::..............:.::::::::::::::......... ..::.:::
:::::.:............:::::::::::::::.:::::::::..........:::::::::::::::::::........:.:::::::::::.::::::..........::::.:::.::.:::::: .........::::::::::::: ........
::.:::::._::..:.::::::::.............................
.: ad.i .a ..:.:::.,:::::.:.::::.:::::::.: ::::::::.:::::::::::::.;::::::::::::::::::::::::...::;::::.:::::::::::: :.::..:::::.
Ce:..to... �.:gtvre..r .:...::::::::::::::.:::::::::..........::::.::::::::::::::........:.::::::::::,.::::::..........:::::::::..::::::........:::.::::::::::::... ...::.
.....::;.;:.::::::::.::.:::;:;:;::.;:.:::.:.;;::.:.::::::::.;:.;:.;:::;:.;:.::.::.;:.::::.:...::::::.;:.;;:.;:.;.;.;....:...:...:. ......:
.�..:�.�......:�.:.......::::: : .::::.........:::::::::.:::::::::::.......:..::.::.:::::.:::::::... .. :.::...r::....;:.::.:::t:;:..:::::::.:::..:::::::n::::: .. a...;:.:...;.: . .0:::::::::::::
:. cr;.: >:.. ucreo ..;
-16 94 r
2. CITY OF ATASCADERO PARKS & RECREATION COMMISSION
The City Council interviewed the following candidates: Tom Bench, Jerrie Dahlen,
Dan Davis, David Graham, John Harris, Paul Hood, Ken Meyer, Joanne Peters, Albert
Smith and Pete Stanke. Candidates Diana Cooper and Steve Alvarez were not present
for the interviews.
000032
REPORT TO -
COUNCIL Meeting Date: 10-11-94
CITY OF ATASCADERO Agenda Item: A-4
THROUGH: Andy Takata, City Manager
VIA: Henry Engen, Director of Community Development
FROM: Mark Markwort, Chief of Wastewater Operations
SUBJECT:
Contract Award For Biosolids (Sludge) Management and
Disposal/Reuse Services
RECOMMENDATION•
Approve Resolution # 106-94, awarding The Yakima Compost
Company, Inc. a contract for Biosolids Management and
Disposal/Reuse Services.
BACKGROUND:
The City of Atascadero's Wastewater Treatment Facility
produces approximately 300 cubic yards of dry biosolids
annually. Since beginning operation in 1983, this by-
product of wastewater treatment has been stored on-site
at the wastewater treatment facility. To date,
approximately 2000 cubic yards of dry biosolids have
accumulated at the facility.
On February 19, 1993, the U.S. Environmental Protection
Agency (USEPA) promulgated the final rule for use and
disposal of sewage sludge (also know as "biosolids") (40
Code of Federal Regulations [CFR) Part 503 , et. al. ) .
Part 503 regulations allow for the storage of biosolids
(before disposal) for up to two years. Atascadero
currently has biosolids which have been stored at it's
treatment facility for up to six years. Disposal of
Atascadero's current stockpile of biosolids needs to be
expeditiously accomplished this fiscal year. In the
future, to remain in compliance with Federal regulations,
Atascadero's biosolids will need to be disposed at least
every other year.
The Wastewater Division proposes to contract with The
Yakima Compost Company Inc. , a firm which will apply
Atascadero's sludge to agricultural land in Kern County.
Atascadero's sludge will be applied on farm land as part
of a five year research project that is being conducted
by the Soil Science Department at Cal Poly, San Luis
Obispo to study and evaluate the benefits of biosolids as
a source of nutrients and organic material on marginal
farm land.
The contract price includes loading, hauling, necessary
permits and performing the required regulatory monitoring
and reporting.
DISCUSSION•
Bid packages were sent to eight firms which specialize in
the use of municipal sludge as an agricultural soil
amendment or as a landfill top-cover. Four firms
responded with proposals.
The fee which each submitting firm would require for
their services and the proposed biosolid usage are as
follows:
1. The Yakima Compost Company Inc.
(Agricultural Application) . . .. . . . . . . . $ 22 .20/ Cubic Yard
2 . Responsible Biosolids Management
(Agricultural Application) . . . . . . . . . . . $ 23 .50/ Cubic Yard
3 . Pima Gro Systems, Inc.
(Agricultural Application. . . . . . . . . . . .$ 29.40/ Wet Ton
4. Brisco Enterprises
(Chicago Grade Landfill Top-Cover) . . . $ 31.90/ Cubic Yard
* Bidders were instructed to assume that one
cubic yard of sludge had a weight of one ton.
FISCAL IMPACT•
$ 44,400. 00
$ 22.20/Cubic Yard @ Approximately 2000 cu/yd
(total price to be adjusted according to actual yardage removed)
An allotment of $ 75, 000 for Biosolids handling is part
of the Wastewater Divisions FY 94-95 budget (Item #201
30899 0430) .
Attachments:
A) Resolution # 106-94
B) Draft Agreement for Biosolids Management and
Disposal/Reuse Services
C) Excerpts from The Yakima Compost Company's
proposal for Biosolids Handling.
000034
ATTACHMENT "A"
RESOLUTION NO. 106-94
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AWARDING A CONTRACT TO
THE YAXIMA COMPOST COMPANY, INC.
FOR BIOSOLIDS MANAGEMENT AND DISPOSAL/REUSE SERVICES
WHEREAS, the City of Atascadero Wastewater Treatment Facility
produces approximately 300 cubic yatds of biosolids annually; and
WHEREAS, since 1983 the biosolids have been stored on-site at the
wastewater treatment facility accumulating approximately 2000
cubic yards to date; and
WHEREAS, recently adopted U.S. Environmental Protection Agency
regulations limit the storage of biosolids to two years.
NOW, THEREFORE, the City Council of the City of Atascadero does
resolve as follows:
1. The Mayor is hereby authorized to execute an agreement
with The Yakima Compost Company, Inc. for the disposal
of biosolids in• the amount of $22.20 per yard for an
estimated total- of $44,400.00.
2. The City Manager is hereby authorized to make minor
corrections or modifications of a mathematical or
clerical nature.
3. The Director of Community Development is hereby
authorized to approve contract change •orders up to lot
of the contract amount.
4. The Finance Director is hereby authorized to release
and expend monies from the Wastewater Budget and issue
warrants to comply with 'the term of this agreement.
On a motion by Councilperson seconded by
Councilperson , the foregoing Resolution is hereby
adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
000035
Resolution No. 106-94
Page Two
ADOPTED:
ATTEST• CITY OF ATASCADERO
By:
LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON,
City Attorney
000036
ATTACHMENT "B"
— -----J DRAFT
AGREEMENT FOR BIOSOLIDS MANAGEMENT
AND DISPOSAL/REUSE SERVICES
This agreement is made between:
The City of Atascadero hereinafter referred to as the
"City",
AND
a
registered to do bus ness n the State of Cal forn a,
hereinafter referred to as "Contractor".
The Contractor agrees ' to provide biosolids management and
disposal/reuse services for the City of Atascadero's Wastewater
Treatment Facility located in the City of Atascadero, California.
The City is currently stockpiling biosolids at it's wastewater
treatment facility.
The intent of this agreement is for the contractor to provide an
absolutely reliable biosolids removal service within the specified
time period. The contractor shall provide all services related to
transportation, disposal/reuse, permitting and monitoring of the
City's wastewater biosolids and the site of application in
accordance with all applicable Local, State and Federal
requirements. The following specific items are a part of the
agreement.
1. VOLUME OF BIOSOLIDS
Contractor agrees to accept and remove the entire
quantity of biosolids currently 'stockpiled at the City's
wastewater treatment facility, approximately 2,000 cubic
yards, dewatered to approximately 505 solids.
2. PERMITS
The contractor agrees to provide the City with copies of
all required approved regulatory permits for hauling and
disposal/reuse of the entire quantity of biosolids as
specified in item 1 above. The contractor agrees to pay
all fees associated with permitting.
3. MONITORING AND REPORTING
The contractor agrees to provide all required monitoring
and reporting imposed by all regulatory agencies having
jurisdiction over the contractor's disposal/reuse
operations, and shall provide the City with copies of all
reports involving the City's biosolids. In addition the
contractor agrees to provide the City with a document for
each load of biosolids received from the City which is to
include the date, time, driver, destination and estimated
load volume. The estimated load volume shall be signed by
a city representative prior to removing the load from the
City's facility.
0000:37
4 . ENVIRONMENTAL
The contractor agrees to provide all necessary capital
improvements and operating expenses needed at the
disposal/reuse site to protect surface and groundwaters
and to protect air resources per the requirements of the
responsible regulatory agencies. The contractor also
agrees to design and operate the hauling and
disposal/reuse program for the City's biosolids in full
compliance with all Federal, State and Local
environmental requirements. The contractor shall provide
covers for the trailers to prevent any loss of biosolids
while being transported from the wastewater treatment
facility to the final point of application.
5. QUALITY OF BIOSOLIDS
The City shall be responsible for providing a biosolid of
a quality which does not exceed the ceiling
concentrations for pollutants listed in CFR 503. 13 Table
1 and which conforms to CFR 503 . 32 (b) (4) , Class B Sewage
Sludge, by using CFR 503 , PSRP method A.2 . of Appendix B.
In the event that, for any reason the material supplied
by the City is not acceptable under State and Federal
guidelines, the sludge will be stockpiled at the
wastewater treatment facility and the City shall be
responsible for the classification of the waste and it's
subsequent disposal.
The City shall be responsible for providing testing of
the biosolids in accordance with the provisions of the
City's State waste discharge permit. The current
requirement for sludge monitoring is once annually. The
City shall maintain and make available to the contractor
all documentation related to the quality and treatment
process for the biosolids to be hauled by the contractor.
6. BIOSOLID LOADING
The contractor shall provide sufficient trailers, loaders
and equipment operators to remove the currently
stockpiled biosolids within a one (1) year time frame.
Contractor will be responsible for loading all biosolids
currently stockpiled at the wastewater treatment
facility.
7 . LOAD WEIGHT
The contractor shall be responsible for insuring that
each trailer is loaded to the proper weight for hauling
the biosolids currently stockpiled at the City's
facility.
2 000038
8. LICENSING
The contractor shall be responsible for insuring that all
equipment utilized in connection with this contract shall
be fully licensed to operate in the State of California
and all public highway drivers and operators of such
equipment shall be fully licensed by the State of
California Department of Motor Vehicles.
9. INSURANCE
The contractor shall secure and maintain in force
throughout the duration of the contract full vehicle
insurance for all equipment, workers compensation
insurance as required by law, comprehensive general
liability insurance with a minimum coverage of $500,000
per occurrence and $1,000, 000 aggregate for personal
injury, and $500,000 per occurrence/aggregate for
property damage.
10. PROJECT STARTUP
The contractor shall provide the City with a schedule for
removal of the biosolids which will insure that all
currently stockpiled biosolids are removed within the
maximum one (1) year time frame.
11. SITE INSPECTION
The contractor shall provide access to the disposal/reuse
site to city representatives upon request of the City.
12 . DISPOSAL SITE AND OPERATIONS
The contractor shall provide sufficient facilities (land)
to accommodate 150 percent of the total anticipated
amount of the biosolids to be disposed/reused during the
contract period. The contractor shall also be responsible
for furnishing all equipment, labor and materials
required for the contractor's disposal/reuse operations.
13 . AGREEMENT TERM
All currently stockpiled biosolids shall be removed
within one year.
14. PAYMENT
The contractor shall be paid by the City for completed
work and services rendered under this agreement as
follows:
. A. Payment shall be made on a basis of $ per
cubic yard of biosolids hauled from the City's
facility.
3 000039
B. The contractor may submit vouchers to the City
once per month during the progress of the
work. Such vouchers will be checked by the
City and upon approval thereof, payment will
be made to the contractor in the amount
approved.
C. Final payment of any balance due the
contractor of the total contract price earned
will be made promptly by the City upon its
ascertainment and verification by the City
after the completion of the work under this
agreement and its acceptance by the City.
D. Payment as provided in this section shall be
full compensation for work performed, services
rendered and for all materials, supplies,
equipment and incidentals necessary to
complete the work.
E. The contractor's records and accounts
pertaining to this agreement are to be kept
available for inspection by representatives of
the City and State for a period of three (3)
years after final payments. Copies shall be
made available upon request.
15. COMPLIANCE WITH LAWS
The contractor shall, in performing the services
contemplated by this agreement, faithfully observe and
comply with all Federal, State, and Local laws,
ordinances and regulations applicable to the services to
be rendered under this agreement.
16. INDEMNIFICATION
The contractor shall indemnify, defend and hold harmless
the City, its officers, agents and employees, from and
against any and all claims, losses of liability, or any
portion thereof, including attorneys fees and costs,
arising from injury or death to persons, including
injuries, sickness, disease or death to contractors own
employees, or damage to property occasioned by a
negligent act, omission or failure of the contractor.
17. DISCRIMINATION PROHIBITED
The contractor, with regard to the work performed by it
under this agreement, will not discriminate on the basis
of race, color, national origin, religion, creed, age,
sex, or the presence of any physical or sensory handicap
in the selection and retention of employees or
procurement of materials or supplies.
4 0000,10
• 18. ASSIGNMENT
The contractor shall not sublet or assign any of the
services covered by this agreement without the express
written consent of the City.
19. NON-WAIVER
Waiver by the City of any provision of this agreement or
any time limitation provided for in this agreement shall
not constitute a waiver of any other provision.
20. TERMINATION
A. The City reserves the right to terminate this
agreement at any time by giving ten (10) days
written notice to the contractor.
B. In the event of the death of a member, partner
or officer of the contractor, or any of its
supervisory personnel assigned to the project,
the surviving members of the contractor hereby
agree to complete the work under the terms of
this agreement, if requested to do so by the
City. This section shall not be a bar to
renegotiations of this agreement between the
surviving members of the contractor and the
City, if the City so chooses.
21. NOTICES
Notices to the City of Atascadero shall be sent to the
following address:
City of Atascadero
Wastewater Division
6500 Palma
Atascadero CA 93422
Notices to the contractor shall be sent to the following
address:
24 . INTEGRATED AGREEMENT
This agreement together with attachments or addenda,
represents the entire and integrated agreement between
the City and the contractor and superseded all prior
negotiations, representations, or agreements written or
oral. However, the proposal submitted by the contractor
and related documents establish the background and
framework in which the contract was prepared and do set
forth the expectations of each party to the contract.
5 000041
This agreement may be amended only by written instrument
signed by both the City and Contractor.
DATED this day of , 1994.
CITY OF ATASCADERO
HONORABLE MAYOR DAVID BEWLEY CONTRACTOR
Title
Attest: Approved as to Form:
LEE PRICE, City Clerk Arther R. Montandon, City Attorney
6 00004`',
ATTACHMENT "C"
The Yakima Company 206-778-9476
P o Box 1164 800-375-8343
Edmonds, WA 98020-1164 FAX 206-775-6865
Propo*al for Biosolids Handling
1 . The Yakima Compost Company, Inc. .
P.O. Box 1164
Edmonds, WA - 98020-1164
1 -800-375-8343
2. Jim Willett
(same)
3. 1993
4. Corporation
5. Jim Willett
President
6. see attached project references
7. The Yakima Compost Company, Inc. offers a fully permitted biosolids
land application site in Kern County. This is a five year research
project that is being conducted by the Soil Science Department at
Cal Poly, San Luis Obispo to study and evaluate the benefits of
biosolids as a source of nutrients and organic material on marginal
farm land. Other agencies utilizing this site include Oxnard, Santa
Maria, Mission Hills and Laguna County Sanitation District.
8. $22.20/per cubic yard
9. A. loading $ 1.00
B. transportation $18.60
C. land spreading $ 2.10
D. field sampling and lab testing $ .50
• $ 22.20
10. The Yakima Compost Co., Inc. will provide a $1,000,000 general
liability insurance policy and name the City of Atascadero as an
additional insured. Further, the transportation company will provide
a $1,000,000 general liability policy and name the City as an
additional insured.
11 . as soon as possible, before the end of 1994.
12. A. 4 tractor trailers
B. 1 ten yard sludge applicator
C. 1 John Deere tractor with a 12" disk
D. 1 CAT Frontloader
13. attached
0 0 0)O'l
Project References
6. A. Cit of Tacoma,City aco a, Washington 1988-1990
Biosolids Chemical Stabilization Project
We retrofitted Tacoma's wastewater treatment plant with storage
silos, blenders, conveyors and scales to chemically stabilize
biosolids which were then used as intermediate cover at the local
landfill.
Dave Hufford
City of Tacoma
2201 Portland Ave.
Tacoma, WA 98421-2711
206-591 -5588
B. City of Oxnard, CA 1988-1990
Biosolids Chemical Stabilization
same as above
Mark Norris
City of Oxnard
6601 S. Perkins Rd.
Oxnard, CA 93033
805-488-3517
C. City of Oxnard, CA 1990-1992
Biosolids Composting
The local landfill was scheduled to close and we did some very
rudimentary composting to provide them with a cover material/soil
amendment.
Mark Norris
City of Oxnard
6001 S. Perkins Rd.
Oxnard, CA 93033
805-488-3517
9(}".i
�i")
D. City of Simi Valley, CA 1990
Biosolids Composting
Produced a Class A product for local reuse on farms.
Jim Buell
City of Simi Valley
500 W. Los Angeles Ave.
Simi Valley, CA 93065
805-583-0393
E. Olympus Terrace Sewer District, WA 1994-present
Biosolids Composting
Producing a Class A product for local reuse on farms.
Gil Bridges
Olympus Terrace Sewer District
P.O. Box 91
Mukilteo, WA 98275
206-355-6637
F. Vashon Island Sewer District 1994-present
Biosolids Composting
Producing a Class A product for local reuse on farms.
Rick Ames
Vashon Sewer District
P.O. Box 930
Vashon, Is., WA 98070
206-463-9219
00 t) G
G. City of Oxnard
Biosolids Land Application
Beneficial reuse of Class B biosolids as soil amendment/fertilizer
on farm land in Buttonwillow, CA.
Mark Norris
City of Oxnard
6001 S. Perkins Rd.
Oxnard, CA 93033
805-488-3517
H. City of Santa Maria, CA
Biosolids Land Application
Beneficial reuse of Class B biosolids as soil amendment/fertilizer
on farm land in Buttonwillow, CA.
Dwayne Chisam
City of Santa Maria
110 East Cook St.
Santa Maria, CA 93454-5190
805-928-5022
I. Laguna County Sanitation District
Biosolids Land Application
(same as above)
R.C. Upham
624 W. Foster Rd.
Santa Maria, CA 93455
805-934-6228
J. Mission Hills Community Services District
Biosolids Land Application
(same as above)
John Lewis
1430 E. Burton Mesa Blvd.
Lompoc, CA 93436
805-733-4366
0000,17
PETE WILSON,Governor
S ATE OF CALIFORNIA-Enviromnanul Protaotlon A
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
CENTRAL VALLEY REGION
3614 East AsHan AvonuaFresno.
93726
PHONE CA 9) 44
PHONE: (209) 445-5116
FAX: (209) 446-5910
7 April 1994
Steve McCalley, Director
Kern County Environmental Health Services Department
2700 "M" Street, Suite 300
Bakersfield, CA 93301
TRANSMITTAL OF TENTATIVE RESOLUTIONLAND AND CATTLE OD CHARGE
REQ FOR BUCTO�
AL-
Enclosed is a tentative waiver of waste discharge requirements for a research project sponsored by
Yakima Compost CO., Inc., and California Polytechnic State University, San Luis Obispo to
scientifically evaluate the merit of using digested sludge as a soil amendment on 120 acres of land
owned by the Buttonwillow Land and Cattle Co., Inc.
Staff is recommending that the waiver be adopted at a regular Board meeting on 22 April 1994 in
sed waiver, please transmit
Hanford, CA. If you have any concerns whether to adopt the propo
them to Kevin Long of my staff at our Fresno address received at no � 445-59120 April0. Mr. Long may .
be reached at (209) 445-5548. Fax copies may
�r?-u
OHN M. NOONAN
Senior Engineer
RCE No. 35206
KDL:kdVcjs
cc: California Department of Fish and Game, Fresno
Kern County Waste Management, Bakersfield
San Joaquin Unified Air Pollution Control District, Bakersfield
EJrent Hallock, California Polytechnic State University, San Luis Obispo
✓,im Willett, Yakima Compost Co., Inc., Seattle, WA
Phillip Small, Land Profile Inc., Yakima, WA
Wes Selvidge, Buttonwillow Land and Cattle Co., Inc., Buttonwillow
•
000048
STATE OF CALIFORNIA- Environmental Protection Agency PETE WILSON,Governor
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD d^�
CENTRAL VALLEY REGION '
3614 East Ashlan Avenue
Aftesno,CA 93726ti.
ONE: (209)445-5116
' AX: (209) 445-5910
22 September 1994
Mr. Jim Willett
The Yakima Company
P.O. Box 1164
Edmonds, WA 98020-1164
SLUDGE APPLICATION RESEARCH PROJECT, BUTTONWII.LOW LAND AND CATTLE
COMPANY, INC., KERN COUNTY
1 We received your letter of 7 September 1994 requesting changes to the project description be
allowed for your research project near Buttonwillow, CA. You propose to apply 1000 tons of dried
sludge from the Atascadero wastewater treatment plant instead of or in addition to the sources you
previously described. Sample results you provided indicate that metals concentrations from both
Ilenew sources meet the "Exceptional Quality" limits provided in 40 CFR 503, Subpart B, Table 3.
By this letter we approve of your use of sludge from the Atascadero Wastewater Treatment Plant,
providing all other conditions specified or described in Resolution No. 94-112 are met. If you have
any further questions, please contact Kevin Long at (209) 445-5548.
WILLIAM H. CROOKS
® Executive Offi er .
LO REN J. HARLOW
j Principal Engineer
RCE No. 23867
KD:kdVmlc
Ile
1 000049
POLY
CALIFORNIA POI-YTECMNIC STATE L:',IVERSITY
SAN Uis OotsPo. CA 1)340
SOIL 'SCIENCE DEPARTMENT
(807) 756-2_'61
MEMORANDUM
Date: 26 March 1994 Copies: J. Willett
To: Kevin Long
Regional Water Quality Control Board
3614 E. Ashland Ave.
Fresno, CA, 93726
From: Brent G. Halqctl�rofessor
Soil Science Department
Subject: Study Design for Buttonwillow Land and
Cattle Co., Inc.
Attached you will find a copy of the research Study Design for the
Buttonwillow Land and Cattle Co., Inc. The plan is an outline of the project
that includes the use of Biosolids for both fertility and soil reclamation.
This Study Design is to provide background information to the Water Board
inorder for you and the Water Board members to evaluate the research
aspect of the project.
As indicated in the plan, a formal QA/QC is being developed for the
research on this project. This will include the detailed approach to be
taken and include the methods and field techniques used on this project.
If I or Jim Willett can provide additional information concerning this
project, please let us know. My phone number is 805-756-2436.
Thank you.
THE CALIFORNIA S1'AfE 1_�1VERSI T1'
000050
RESPONSIBLE BIOSOLIDS MANAGEMENT
September 23, 1993
• CITY OF ATASCADERO
Wastewater Operations Division
6500 Palma Avenue,
Atascadero, CA 93422
Attn: Mr. Mark Markwort, Chief of Wastewater Operations
Dear Mr. Markwort,
Please find enclosed Responsible Biosolids Management's (RBM) response to your letter
and RFP of August 22, 1994.
On September 16, 1994 Valley Communities, Inc., and RBM, (collectively as Discharger)
obtained the requisite permit to land apply biosolids on approximately 3,000 farm acres
fifteen miles southwest of Bakersfield, from the State Water Quality Control Board, as
administered by the Central Valley Region (contact is Kevin Long (209) 445-5548).
Valley Communities farm is characterized by the Kern County Water Agency as an ideal
location for land application of biosolids. It lies at the alluvial toe of the Kern River Basin
where ground water is relatively deep and static. The site has 13 monitoring wells in place
and has been utilizing waste water effluent for part of the farm's irrigation needs since
1986.
The farm is remote, laser-leveled and professionally managed, producing cotton and a
variety of small grains.
Please find enclosed:
• RBM's Proposal To The City Of Atascadero;
• A copy of our Order with the Late Revisions as approved 9116/94;
• Site Specific Information and Operational Manual (booklet) that we request you
keep in strict "CONFIDENCE" and return to us if we are not selected;
• Resumes for Steve Stockton and Jon Coffin;
All provisions of Atascadero's "SCOPE OF WORK" requirements shall be met.
Comprehensive general liability insurance binders, and licenses,registrations, and permits,
for trucks used to haul biosolids shall be provided upon award of the contract.
Please note the suggested change in the "Draft Agreement..." included as the last item on
our enclosed PROPOSAL. This may cause a significant reduction in the City's cost.
Thanks for the opportunity to bid your project.
i cere
Coffin
er
RESPONSIBLE BIOSOLIDS MANAGEMENT P.O.BOX 40109 SANTA BARBARA,CA 93140 (805)682-%33 OR(805)7354090
PRINTED ON RECYCLED PAPER
RESPONSIBLE BIOSOLIDS MANAGEMENT
PROPOSAL
TO
THE CITY OF ATASCADERO
FOR
BENEFICIAL REUSE OF BIOSOLIDS
FROM
RESPONSIBLE BIOSOLIDS MANAGEMENT
SEPTEMBER 22, 1994
1. Legal Name:
Responsible Biosolids Management (RBM)
P.O. Box 40109
Santa Barbara, CA 93140-0109
Jon (805) 682-9633 or Steve (805) 735-4090
2. Send correspondence to: Jon Coffin at (same as above).
3. RBM was established in 1992.
4. RBM is a California General Partnership.
5. Project Management:
The project will be directly managed by..the generalpartners,
Steve
Stockton n and Jon Coffin.
6. Ex erience with similar r: ects also see resumesl:
P P � ( �
University of California
at
• Staff Research Associate at the y
As a
Davis, Mr. Stockton wrote and carried out protocols designed to
study and alleviate to animal diseases caused by soil borne
microorganisms. This project developed procedures and criteria
for monitoring animal wastes, bedding materials, composting
operations and land application.
As a 7th generation California farmer, he has extensive experience in
production agriculture.
Steve was a technical consultant to a land application of municipal
biosolids project from 1987 to 1990.
RESPONSIBLE BIOSOLIDS MANAGEMENT P.O.BOX 40109 SANTA BARBARA,CA 93140 (805)682-9633 OR(805)735-4090
PRINTED ON RECYCLED PAPER
0000: 0„Z
2
• Mr. Coffin brings many years of business and financial management
to the partnership.
His interest in recycling and environmental concerns dates back to
1971 when he founded and established the Tahoe City Recycling
Center.
7. Capability to Perform:
Documentation which supports proposer's capability to perform is
enclose: The entire Site Specific Information and Operational Manual
were prepared by the proposer's without the aid of a hired consultant
group.
8. Bid Price:
RBM will remove and reuse approximately 2,000 cu. yds., weighing
2,000 lbs., per cu. yd., for $23.50 per cu. yd.
Note: (see 19. Proposer's Acceptance of Agreement)
9. Costs
Estimated Direct Costs are expected to run between 82-87% of the gross
revenues.
10. Scope Comments:
In order to minimize costs that are passed onto the City of Atascadero,
RBM proposes to complete the project within 15 working days from
the starting date. This will be accomplished prior to the rainy season
to preclude the adverse effects that inclement weather could have on
the biosolids gross weight.
11. Proposed Schedule:
The proposed schedule is to haul 16 truckloads per day beginning at
6:00 A.M. and quitting when the 16th truck is loaded at approximately
5:30 P.M for 5 consecutive working days.
RESPONSIBLE BIOSOLIDS MANAGEMENT P.O.BOX 40109 SANTA BARBARA,CA 93140 (805)682-9633 OR(805)7354090
PRINTED ON RECYCLED PAPER
000050,3
3
12. Equipment Specifications for this project are as follows:
• Loading at Atascadero:
Model 966 or 988 Caterpillar Front-end Loader to load trucks
at WWTP.
•
Hauling:
Late model semi truck tractors with covered water tight
trailers. Trucks and trailers are well maintained and cleaned
before leaving the application site.
• Spreader Loading at Valley Communities Farm:
Model 950 Caterpillar Front-end Loader to load spreaders at
reuse site.
• Spreading:
2 Model 1055 Aerospreaders.
•
Disking:
Case International Tractor Model 9270
Case International 770 deep till 18' wide, 28" blade
• Truck and Equipment Cleaning:
4000 gal. water truck with high pressure pump for cleaning.
13. Permit:
Regional Water Quality Control Board Order #94-286. A copy of the
Order and Late Revisions as approved on 9/16/94 is enclosed. A copy
of the signed final order should be available within the next two
weeks.
Proposer will obtain the required City of Atascadero business license
upon award of the contract.
RESPONSIBLE BIOSOLIDS MANAGEMENT P.O.BOX 40109 SANTA BARBARA,CA 93140 (805)682-9633 OR(805)7354090
PRINTED ON RECYCLED PAPER
000050,4/
4
14. Biosolids Analysis
• In compliance with EPA 503 and Board Order #94-286, the City shall
analyze biosolids for the following:
Arsenic Mercury
Cadmium Molybdenum
Chromium Nickel
Copper Selenium
Lead Zinc
Nitrogen (TKN) pH
Nitrogen (ammonia)
15. Certification
The City must certify that the biosolids are "non-hazardous" or "non-
designated," as defined in Section 2521(a)'and Section 2522(a) of
Chapter 15
16. Compliance With A.B. 939:
To aid in compliance with California Assembly Bill 939, RBM will
I
apply all biosolids to the farm fields for beneficial reuse only.
17. Contingent Liability Concerns:
To minimize contingent liability concerns for the City of Atascadero,
RBM will apply City's biosolids to fields that have never had biosolids
applied to them and have been screened thoroughly for background
metals.
18. Vector Attraction Reduction
If none of the pathogen vector attraction reduction methods described
in EPA 503.33(b)(1 through 8) have been met, then RBM will
incorporate the biosolids into the soil within 6 hours following
application.
r
RESPONSIBLE BIOSOLIDS MANAGEMENT P.O.BOX 40109 SANTA BARBARA,CA 93140 (805)682-9633 OR(805)7354090
PRINTED ON RECYCLED PAPER
000050. ��
5
19. Proposer's Acceptance of Agreement:
RBM has read and accepts the "Draft Agreement For Biosolids •
Management and Disposal/Reuse Services" with the suggestion that
item 14., A., Page 10, be modified to read;
Payment
A. Payment shall be made on the basis of X1.50 per cubic yard
of biosolids hauled from the City's facility. This dollar amount is
based on the City's specification that each cubic yard weighs 2,000
pounds. Proposer shall weigh the biosolids and provide weigh
tickets to the City. Weight of less than 2000 pounds per cubic yard
will be credited to the City by calculating the actual savings in
freight costs and provided as a reduction on final billing and titled
"freight rebate".
RESPONSIBLE BIOSOLIDS MANAGEMENT P.O.BOX 40109 SANTA BARBARA,CA 93140 (805)682-9633 OR(805)735-4090
PRINTED ON RECYCLED PAPER
000050, 6
PIMPS GRO SYS'T'EMS, INC. P.O.sox 7547
2375
AGRICULTURAL REUSE SPECIALISTS Phone Redlands,79 9
Phone(909)79&87178717
FAX(909)793-9954
29 September 1994
Mark Markwort
Chief of Wastewater Operations
City of Atascadero
6500 Palma Avenue
Atascadero, California 93422
Subject: Proposal for Beneficial Reuse of Biosolids
Dear Mr. Markwort:
I am pleased to present Pima Gro Systems, Inc.'s, Proposal for the captioned service. We
are currently applying biosolids from several of our clients in the San Joaquin Valley. We
have more than 6100 acres of permitted reuse sites in Merced and Fresno Counties, and we
have permits for additional lands in San Luis Obispo County in process now. This Proposal
is predicated on reuse sites in the San Joaquin Valley.
ShouldY ou select Pima Gro to serve your City, we could begin work within a short time
of receipt of a Notice to Proceed. We would expect to clean up the existing stockpile within
about three months of beginning work.
I have provided two copies of the proposal. We have proposed to determine the quantity
hauled and to bill on the basis of weight,rather than on volume. Our experience shows that
density can vary significantly, and loading based on volume is not a reliable guide. Hauling
costs hinge on weight, and it is the simplest characteristic to measure.
Pima Gro has extensive experience in successful and environmentally responsible beneficial
reuse of biosolids. We have the resources to reuse the City's biosolids properly and in a
timely manner. We would be very gratified to extend our reuse program to include the City
of Atascadero's biosolids.
Please do not hesitate to calsif you have any questions about this Proposal.
Respect fly,
Jos Dunagan
Manager of Technical S ices
Printed on 25%codon.100%RECYCLED PAPER. 0000501-7
t -
1
,
If
t
r -
t
t '
Proposal
T to the
1
t City of Atascadero
# for
� t
Beneficial Reuse of Biosolids
r `
Pima Gro Systems, Inc
] P.O. Box 7547
1
Redlands, California 92375
,
Contact: Joseph F. Dunagan
Manager of Technical Services
-
Telephone: 909 798-8717
' Telefax: 909 793-9954
�I
29 September 1994
AGRICULTURu REUSE SPECIALISTS
I PuvtAGROSYSfFMS,IN� 000050,
Table of Contents
1.0 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.0 Qualifications and Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.0.1 Locations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2.0.2 Staffing 2
2.1 Key Personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2.2 Prior Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.3 Expertise and Capabilities . . . . . . .I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
IT
3.0 Permitting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3.1 Regulatory Compliance . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.2 Potential Environmental Effects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.3 Monitoring and Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4.0 Loading, and Hauling Operations . . . . . . z . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4.1 Biosolids Loading Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4.2 Hauling Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4.3 Transport Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4.4 Biosolids Hauling Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5.0 Beneficial Reuse Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
-5.1 Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5.1.1 Ownership and Site Agreements . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 8
5.1.2 Geology and Ground Water . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . 8
5.1.3 Site Monitoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5.1.4 Site Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5.2 Type of Reuse Proposed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5.2.1 Application Method . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5.2.2 Application Rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5.2.3 Crops . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5.2.4 Reuse Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5.3 Biosolids; Quality and Quantity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5.4 Suitability of Reuse Method . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
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6.0 Compensation for Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
J 6.1 Subcontractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7.0 Implementation Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8.0 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
9.0 Contract Services Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
i
List of Attachments
Number Title
1 Resumes of Key Personnel
2 Client References
3 Fresno County Permits
4 Reuse Site Index Maps
5 Pima Gro Transport Licenses
6 Haul Contingency Plan
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Proposal
to the
City of Atascadero
for
Beneficial Reuse of Biosolids
J1.0 Introduction
Pima Gro Systems, Inc. (Pima Gro) proposes to provide service to the City of Atascadero to
load, haul, and beneficially reuse biosolids from the City's wastewater treatment plant. This
Proposal addresses principally the stockpiled biosolids at the Plant site: the terms can be
extended to the ongoing production from the Plant. Pima Gro has the expertise, personnel,
j equipment, and permits to provide reliable, timely, and environmentally sound biosolids
management service to the City. Pima Gro can begin service within a short time of receiving
V a Notice to Proceed.
This Proposal is predicated on loading the biosolids at the Plant, hauling them to Pima Gro's
permitted lands in the San Joaquin Valley, and applying the biosolids to farm lands that are
actively used for growing cotton, alfalfa, and other acceptable crops. Pima Gro will comply
with all local, state, and federal rules, including EPA's Title 40, Code of Federal Regulations,
Part 503 (40 CFR 503).
Pima Gro is still pursuing permits for lands within San Luis Obispo County, which would
allow for significantly lower service costs to Atascadero. However, it is likely that permits
for local lands will not be obtained prior to the first half of 1995, so those lands are not used
as a basis for this Proposal.
2.0 Qualifications and Experience
Pima Gro Systems, Inc., established in 1983, is a corporation formed under the laws of the
State of Arizona and registered to do business in California. It is a specialized company
with more than 10 years experience in the handling and beneficial reuse of biosolids.
Pima Gro provides a turn-key service to receive, haul, and apply suitable biosolids to
agricultural lands as a fertilizer and soil amendment. The company also composts biosolids
for use on fields and in gardens and nurseries. Pima Gro's service not only removes
biosolids from the producing plant,but provides a beneficial end use for the material Pima
Gro provides services to client treatment plants of all sizes.
Pima Gro has a staff of experienced professionals and a company-owned fleet of biosolids
transport and application equipment. These resources, together with effective operations and
permits, make Pima Gro a company uniquely suited to provide efficient and reliable
biosolids management services.
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The firm currently serves several client facilities, and has successfully completed a number
of other projects (see Section 2.2). Pima Gro's record shows that the firm is well able to
complete the Project described herein in a timely and professional manner.
s
2.0.1 LOCATIONS
Pima Gro's corporate headquarters is in Redlands, California. The company has a fleet
maintenance shop in Fontana, California, conducts a biosolids processing operation near
Thermal, California, and operates landspreading operations from field offices in Merced, j
California, and Rillito, Arizona.
Contact addresses and telephone numbers for Pima Gro are:
Pima Gro Systems, Inc. Pima Gro Systems, Inc.
P. O. Box 7547 631 New Jersey, Suite 102
Redlands, CA 92375-0547 Redlands, CA 92373
Telephone: (909) 798-8717
Telefax: (909) 793-9954 t
Merced Operations Office j
Telephone: (209) 722-6969
Telefax: (209) 722-7469
Enquiries and notices regarding this Proposal may be submitted to Joseph F. Dunagan,
Manager of Technical Services, at the Redlands addresses and numbers.
2.0.2 STAFFING
i
Pima Gro currently employs 14.salaried and 91 hourly workers (company officers not i
included). Of these, 13 salaried and 79 hourly workers are employed in California, the
balance in Arizona.
1
2.1 KEY PERSONNEL
Pima Gro will assign sufficient personnel to this Project to assure that it operates smoothly
and dependably. Wilson E. Nolan, President of Pima'Gro, will oversee conduct of the
Project. Other key personnel assigned to the Project will be William C. (Bill) Skinner,
Anthony J. (Tony) Fidalgo, Brent R McManigal, and Joseph F. Qoe) Dunagan. Professional
resumes for them, as well as an organizational chart, are in Attachment 1.
Wilson E. Nolan, an agronomist, founded Pima Gro in 1983. He will oversee the ongoing
biosolids removal service to assure that it runs smoothly. Wilson has a broad range of
experience with projects such as this, having designed and implemented on the order of 40
biosolids management projects in the United States and abroad. Wilson will manage the
Project primarily from Pima Gro's Redlands office.
Bill Skinner, General and Operations Manager, will supervise Project start-up and hauling.
He.will assign and see to preparation of equipment for the Project, and will assure that the
INC-
AGRICULTURAL REUSE SPECIALISTS Page 2 PEmA GRo SYSTEMS,INC
i
r
i ►= equipment fleet is maintained in readiness to effectively transport the biosolids. He will be
available to City staff to assure that the Project runs smoothly. Bill has been with Pima Gro
for more than five years, and has extensive experience in major operations gained in
T" previous work. During his tenure at Pima Gro, he has managed a number of projects of this
71 type, and is familiar with all aspects of hauling, processing, and reuse operations. Bill will
work from the Redlands office.
Tony Fidalgo is in charge of Pima Gro's San Joaquin Valley operations, and will be in
7 principal daily charge of the entire Project — loading, hauling and reuse. Tony will be
available to the City staff whenever needed to plan and oversee operations, assuring that the
Project runs smoothly and does not interfere with Plant operations. He will supervise all
Pima Gro field employees directly involved with the Project, visiting the field sites virtually
every day. Tony is experienced in farm operations and Pima Gro's operating procedures.
He is based in Merced and will devote a substantial part of his time to overseeing operation
of this Project.
Joe Dunagan, an. environmental scientist, is Manager of Technical Services. He will be
responsible for acquisition and maintenance of all required permits during design and
operation of the Project. Joe will also be responsible for liaison with regulatory and other
government officials, and will monitor the Project to assure compliance with environmental
1 requirements. He will be available to the City to provide information on regulatory affairs
r and monitoring, and as a general contact for Pima Gro. Joe has been with Pima Gro for
more than four years, and has extensive experience with permitting and environmental
issues. Joe manages monitoring and reporting for Pima Gro's current projects, and is
currently involved in several permit efforts. He will work from Redlands, committing
sufficient time to the Project to assure proper-management of regulatory affairs.
Brent R. McManigal is an environmental planner and scientist. He assists in the monitoring
and reporting aspects of reuse projects. Brent works with local and state agencies regarding
Pima Gro's existing composting and reuse sites, and in expansions of both elements of the
company's program. He is involved with Pima Gro's public relations programs, which are
aimed at increasing public awareness and acceptance of biosolids reuse. He has been with
Pima Gro for over two years. Brent will be based in Redlands, and will devote a significant
part of his time to assuring that monitoring and reporting is conducted properly.
2.2 PRIOR EXPERIENCE
Pima Gro currently serves a number of clients, which range in size from one mgd to 240
mgd capacity. Pima Gro has successfully completed still other projects. References for
several of Pima Gro's projects are in Attachment 2.
2.3 EXPERTISE AND CAPABILITIES
Pima Gro has been in operation continuously for more than 10 years and has demonstrated
its ability to work with regulatory agencies, the public, and biosolids producers. Southern
California biosolids are hauled to Pima Gro's composting facility for processing. Central and
northern California biosolids are reused directly on farm lands.
Since 1983 Pima Gro has successfully Y and reliably reused more than 2.4 million tons of
biosolids on about 10,000 acres (A.) of farmland in California and Arizona. Where biosolids
PIMA GRo SYSCEMs,ING Page 3 AGRICULTURAL REUSE SPECIALISTS
are directly land applied, cotton is the principal crop grown, and wheat, barley, alfalfa, and
1
Sudan grass are also grown. Hyper Gro' compost, Pima Gro's composted biosolids product,
is used successfully to grow a wide variety of crops.
i
3.0 Permitting
t
Pima Gro has permits to use biosolids on more than 2500 acres (A.) of land in Merced
County and on 3600 A. in Fresno County. The City's biosolids would be applied to the latter
lands. Copies of Pima Gro's Fresno County permits can be found in Attachment 3. Index
maps for the Fresno County reuse sites can be found in Attachment 4.
The U.S. Environmental Protection Agency (EPA) and the California Regional Water Quality
Control Boards are the principal agencies regulating biosolids reuse in California. The
Central Valley Regional Water Quality Control Board (Board) issues permits in the form of
Waste Discharge Requirements (WDRs). The EPA rules at 40 CFR 503 are self-
implementing, but may require permits that will be issued by EPA. The Integrated Waste
Management Board and its agents the Local Enforcement Agencies (LEAs; typically these are
_ environmental health departments) have required permits for some sludge or biosolids
projects, but have not required such permits for Pima Gro's projects.
County planning agencies typically do not require conditional use permits (CUPS) for Pima
Gro's projects. This is the case in Merced County and, until late last year, it was also the
case in Fresno County. However, Fresno County's planning agency reversed its written
decision and required Pima Gro to get permits for its lands. Pima Gro subsequently
obtained the necessary CUPS.
Requirements of the California Environmental Quality Act (CEQA) are met during the
permit process for the fields on which Pima Gro applies biosolids. In cases where WDRs are
the only permits required, the Central Valley Board acts as lead agency for CEQA (the
Central Coast Board's refusal to act as CEQA lead agency is the principal block to getting
permits in San Luis Obispo County). Where a County body such as the Fresno County
planning agency issues a permit, that agency typically acts as CEQA lead agency. Initial
studies were done for each of Pima Gro's permits, and negative declarations adopted by the ,
permitting agencies.
EPA's regulations require that publicly owned treatment works obtain permits for their
biosolids management programs. This means that the City must eventually acquire a permit
from EPA, as the rules now stand. EPA's permitting priorities will apparently be focused
initially on sludge incinerators. It may be some years before EPA begins writing land
application site permits. Pima Gro will probably also need a permit from EPA for the firm's
land application projects.
Pima Gro has complied with 40 CFR 503 requirements (operations, reporting, etc). Pima Gro
t
will provide all necessary documentation to the City to allow it to obtain EPA permits.
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3.1 REGULATORY COMPLIANCE
j Pima Gro's current and pending operations meet State requirements, and also meet the
requirements of 40 CFR 503.
3.2 POTENTIAL ENVIRONMENTAL EFFECTS
i
The reuse method will be conducted so as to avoid any adverse environmental effects.
Biosolids will be hauled to the fields in transports that are fully tarped to prevent blowing
or spilling of the material. If the stockpiled material becomes wet or problems with free
liquids occur, the transport trailers are also be equipped with sealed end gates to prevent
leaks and spills. Transports will be maintained in clean condition. Potential odor problems
will be avoided by use of tarps while transports are on the road, and by distributing the
biosolids and tilling them into the soil within 24 hours of delivery to the fields (usually the
same day). Noise and dust at the fields are the same as would be experienced with use of
manure and other fertilizers. All equipment, whether used at the plant, on the road, or in
the fields, will be equipped with appropriate factory issue mufflers or noise suppressors.
Dust and noise control measures will be implemented at the Plant or in the fields on an as-
needed basis.
3.3 MONITORING AND REPORTING
Pima Gro will provide all monitoring and reporting required by regulatory agencies having
jurisdiction over the proposed removal, transport, and agricultural reuse operations. Pima
Gro will provide to the City copies of all permits, regulatory monitoring reports, and other
relevant data pertaining to the proposed operations. Pima Gro will report to the City at the
earliest feasible time any actual or proposed changes in regulations or permit requirements
that may affect the proposed operation.
Pima Gro analyzes soil in the reuse fields before each biosolids application, and afterwards
as well. Pima Gro monitors biosolids by making a composite sample from grab samples of
each load hauled, and having the samples analyzed for metals and nutrients. Water
monitoring is not necessary for the Fresno County lands.
4.0 Loading and Hauling Operations.
Pima Gro will provide all the equipment, personnel, supplies, permits, and licenses needed
to load and haul the City's biosolids. Pima Gro will haul the biosolids to the company's
permitted reuse sites in Fresno County.
Pima Gro has in-house all the equipment, personnel, and experience needed to load, haul,
and reuse the City's biosolids. Pima Gro's fleet of transport equipment is particularly suited
to this purpose, and is equipped and operated to meet all applicable laws and regulations.
Pima Gro is fully licensed by the California Public Utilities Commission and by the U.S.
Interstate Commerce Commission (see Attachment 5), and company drivers are properly
licensed and trained in the various aspects of biosolids hauling.
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4.1 BIOSOLIDs LOADING OPERATIONS I
Pima Gro will designate a staging area within the Plant grounds near the stockpiled
biosolids. Pima Gro personnel will use a wheeled loader to move the biosolids into the
transports. Pima Gro plans will schedule, in consultation with City personnel, the loading
and hauling operations. Loading and hauling will be done predominantly during daylight ,
hours.
Pima Gro will provide an estimating scale to load trucks to maximum legal weight. A
weight record and a biosolids load record will be prepared for each load.
Prior to leaving the Plant, the tarp(s) on each trailer willbe secured over the load to prevent
biosolids loss while on the road. The exterior of loaded trucks will be rinsed with reclaimed
water if necessary to remove any biosolids that accumulate during loading.
Pima Gro will arrange with the City to park a limited amount of equipment on the Plant
site. This is likely to be no more than a loader, but transports used in this Project may be
parked on the Plant site for short periods of time.
4.2 HAULING OPERATIONS
Pima Gro will provide and maintain suitable transport trailers and truck tractors to haul
biosolids from the Plant to reuse sites. Trailers will be equipped with roll tarps and sealed
end gates to prevent blowing, leaking, dripping, or spilling of biosolids during the haul. The
fleet is kept clean and in good repair.
will leave the Plant and follow designated Loaded transports haul routes to the destination
fields. The biosolids will be unloaded there and the transport will return to the Plant for
another load. Biosolids will be transported to fields in Fresno County. Pima Gro does not
plan to operate if wet weather conditions prevail in the area of the reuse sites.
Haul distances will be about 115 miles one way. Principal haul routes will be along State
Highways 41, Interstate 5, and along County roads. Farm access roads will provide access
to the fields, which are in areas with few residents.
The haul schedule that Pima Gro anticipates will involve two trips per truck per operating
day. Work may be scheduled on weekends to make efficient use of equipment and
maximize hauling. The schedule may be modified depending on equipment factors, the
City's needs or schedules for Plant operations, or bad weather. }
4.3 TRANSPORT EQUIPMENT
Pima Gro's uniform transport fleet comprises modern truck tractors and trailers designed to
be fuel efficient and to carry maximum payloads. Truck tractors will be Class VIII Volvo-
Whites or equivalent. Trailers will be end dumps or live-floor units equipped with roll tarps
and sealed end gates. The tarps are secured with a series of ratchet-bound straps to prevent
spilling or blowing of biosolids, and the end gates are secured with fastening dogs to prevent
spillage and leaks.
AGRICULTURAL REUSE SPECIALISTS Page 6 PIMA GRo SYSTEMS,INC_
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These trailers are well suited to hauling the biosolids. Weight capacity of the tractor-trailer
combinations is usually 25 to 27 T, depending on specifics of tractor and trailer equipment.
Volumetric capacity of trailers is at least 40 yd'.
Pima Gro will assign two to five transports to this Project, depending on the haul schedule
that is worked out. Pima Gro has available, should it be needed, back-up equipment.
Tractor-trailer combinations such as the ones described are in current use by Pima Gro for
other projects. Pima Gro's fleet of biosolids transports is uniform in appearance and
capabilities, and is kept clean and in good condition. The company feels that this practice
is important to maintain a good image of biosolids reuse with the community.
Pima Gro will exercise extreme care to avoid spills or accidents during loading and
transportation, and will maintain in effect a spill response plan (see Attachment 6) to address
contingencies that might arise during road transport. Pima Gro will clean up as needed any
biosolids spills that may occur during loading or hauling, at the company's expense and to
the satisfaction of the City and any concerned agencies. Pima Gro will clean the exterior of
transports as needed prior to leaving the Plant.
4.4 BIOSOLIDs HAULING REPORTING
Pima Gro will provide an estimating scale to assist in loading trailers to maximize hauling
efficiency. If feasible, Pima Gro will also weigh the trailers at a certified scale to get certified
weight tickets for each load. A load record will be prepared for each load hauled, showing
destination field for the load (where the biosolids are reused), time and date hauled, and
other pertinent information. Billing will be based on certified weight tickets if feasible, or
on designated full haul loads supported by estimating scale weights.
"Designated full haul load" is a mechanism for quantity determination based on using
certified weigh tickets for trailers and truck tractors to specify a nominal full load weight,
somewhat less than maximum load. The designated haul loads are listed for each trailer and
tractor used, and estimating scales are employed to load the transport to maximum legal
weight. The actual billing is done based on number of loads hauled with each numbered
trailer/truck combination, multiplied by full haul load weight and cost per ton. This
technique is used when certified scales are not readily available (State law and/or rules
prohibit billing for actual weight based on non-certified scales) Pima Gro has found the
combination of estimating scales and full haul load billing to be quite accurate.
i
5.0 Beneficial Reuse Operations
j Pima Gro proposes to beneficially reuse the City's biosolids as fertilizer and soil amendment
j on farm lands in the San Joaquin Valley. There are extensive farm lands in the Valley used
for the production of field crops, which are well suited to biosolids reuse. Agricultural use
of biosolids is a well-established method of beneficial reuse, and has been used for a number
of years. Pima Gro has successfully operated environmentally sound agricultural reuse
10
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projects since 1983. Pima Gro will supply land, permits', equipment, personnel, and other
appurtenances necessary to operate the proposed Project.
5.1 SITES
Pima Gro currently has more than 2500 A. permitted in Merced County and about 3600 A. t
of permitted lands in Fresno County. Index maps showing the Fresno fields are in
Attachment 4. The maps are based on the Santa Rita Bridge and Bliss Ranch quadrangles
for Merced County fields, and on the Chaney Ranch, Helm, and Kerman 7.5 minute USGS
quadrangles for Fresno County fields. The fields are surface irrigated and have very low
surface gradients. Tailwaters from the fields are captured on the fields or recirculated.
The capacity of the reuse sites is 3 to 15 dry tons per acre. If the City's stockpile comprises
approximately 2000 dry tons (a generous estimate) and the biosolids were to be applied at
a rate as low as 4 dry tons per acre (10 to 12 is expected), it can be seen that the Fresno
acreage has a capacity about seven times that needed for City biosolids. i
Pima Gro is seeking permits for additional lands in San Luis Obispo County. Delays in the
permit process have made it likely that the local lands will not be permitted until 1995.
Should these lands be permitted prior to completion of the work proposed herein, Pima Gro
will reuse the City's biosolids on the local lands and provide a lower service cost.
Pima Gro selects fields that are part of legitimate farming operations. Fields are used for
cropping, not pasture or other non-harvest uses. Pima Gro attends closely to selecting the
growers who will become part of Pima Gro's program, to ensure- responsible farm
management. Pima Gro focuses on lands used to grow fiber and feed crops. Site restrictions
on lands used to grow food crops are not generally compatible with the farmer's needs, so
Pima Gro tends to avoid such lands.
5.1.1 OWNERSHIP AND SITE AGREEMENTS
The fields are parts of active farms rather than dedicated disposal sites. The permitted
fields in Fresno County are owned or controlled by Marshall Baker and by Haupt Farms.
The fields remain under the control of the named owners, who requested that Pima Gro
supply biosolids for their fields. No lease agreement is in place, as none is needed.
t
5.1.2 GEOLOGY AND GROUND WATER j
The San Joaquin Valley, in which the fields are located, is part of the Great Valley l
geomorphic province. The Great Valley is a northwest-trending basin bounded on the
east by west-dipping strata of the Sierra Nevada, and on the west by east-dipping strata
of the Coast Ranges. Most of the Valley floor is underlain by Quaternary alluvial
deposits.
' 40 CFR 503 mandate that publicly owned treatment works acquire permits for biosolids management.
This permit will be in addition to the permits Pima Gro maintains for its own operations. Pima Gro will
provide information to the City to aid it in obtaining the necessary 503 permit.
AGRICULTURAL REUSE SPECIALSM Page 8 PIMA GRO SYSTEMS,INC_
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In the Fresno field area, depth to ground water under the fields is 200-plus feet below
surface. The ground water gradients generally trend west-southwest.
5.1.3 SITE MONITORING
Soils on each site are sampled prior to each application. The samples are tested for a
number of elements and other analytes of agricultural interest. Ground water
monitoring is not required, except for vadose zone monitoring in Merced County, done
to comply with WDR requirements which have not been repeated in the more up-to-date
WDRs for Fresno County fields.
5.1.4 SITE RESTRICTIONS
The site restrictions that pertain to the fields on which Pima Gro applies biosolids are
those stated in 40 CFR 503.32(b)(5). Since neither food crops nor turf are grown on the
fields Pima Gro uses and since those fields all have a low potential for public exposure,
subsections (i) through (iii), (vi), and (vii) of that rule are not applicable. Pima Gro
applies biosolids as a pre-plant fertilizer and the crops take more than 30 days to
mature, so the 30 day waiting periods of 503.32(b)(5)(iv, v, and viii) are readily met.
5.2 TYPE OF REUSE PROPOSED
Pima Gro will apply the City's biosolids to active farm fields, using the biosolids as a
fertilizer and soil amendment to grow cotton and other field crops. The biosolids will
provide organic material, primary nutrients such as nitrogen and phosphorous, secondary
nutrients such as sulfur and magnesium, and micro-nutrients such as copper, zinc, and iron.
5.2.1 APPLICATION METHOD
Biosolids hauled to fields are unloaded from the trailers into a pile in a staging area
within each field. The biosolids are scooped up from the pile and transferred into an
agricultural manure spreader, and distributed uniformly across the fields. The biosolids
are then tilled into the soil, usually with a disc.
Biosolids are spread within 24 hours of delivery to the field, most commonly the same
day. Once spread, the biosolids are disced into the soil within six hours, and typically
within two hours. Pima Gro uses its own equipment and personnel to spread and
incorporate the biosolids, to assure that they are applied and incorporated timely.
Buffer zones are implemented between biosolids application areas and wells, property
lines, residences, and water courses, if such features are present. Biosolids will be
applied as a pre-plant soil amendment, prior to seed bed preparation. Biosolids will be
applied once per crop-year to each field. A crop must be harvested from a field before
biosolids can be re-applied to that field. Fields will be selected to receive biosolids in
an order depending on cropping and field use patterns, depending on the farmers'
schedules and needs. Application operations will be rotated among the permitted fields
so as to best utilize equipment and land.
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5.2.2 APPLICATION RATE
The application rate will be tailored for the biosolids actually being hauled, and will
change somewhat over time as the quality varies, though the quality of the biosolids i
stockpiled by the City will be reasonably consistent. The principal differences over time
will be the age of the biosolids: the older the biosolids, the lower the nitrogen content. t
Primary factors affecting the application rates and the design capacity of the reuse sites
are nutrient and trace element concentrations in the biosolids, the soils on the reuse sites,
and the crop nutrient needs.
i
Evaluation of the biosolids constituents is necessary to determine how much material
should be applied to meet a specific crop's nutrition needs, and how trace element
loading constraints may affect the reuse program. Soils information is necessary to
allow evaluation of the application program. Nutrient needs of the crops must be
known to set the application rate at a level that will not produce excess nitrates that
might enter the ground water under the fields. '
Pima Gro will sample the City's biosolids and have them analyzed for metals and other
elements of agricultural interest. Agronomic rates of application will be determined
form the analyses.. Actual application rates may be less than agronomic.
5.2.3 CROPS
The fields on which Pima Gro will apply the biosolids will be used to grow crops such
as cotton, alfalfa, feed corn, and small grains such as barley. The farmers rotate these
crops in accordance with the farmer's farm management program and market
considerations. Cotton grown on the permitted fields is used for fiber in the general
cotton market. Alfalfa is used as forage for animals. Corn and small grains are used
for animal feed.
Federal and State standards regarding soil pH, application rates, and crop restrictions
will be observed. All applications of biosolids to crop lands will be conducted in
accordance with Federal, State, and local regulations.
i
5.2.4 REUSE EQUIPMENT
Rubber-tired loaders or excavators are needed to load biosolids delivered to the fields 1
into the manure spreader. A spreader.designed for dry material (New Leader Model
7020 or equivalent) will probably be used for the stockpiled biosolids. A disc is required
to till the biosolids into the soil (alternate equivalent tillage equipment may be used).
An agricultural tractor is needed to pull the spreader and the disc. A water unit may '
be needed in the fields for dust control. Pima Gro will provide loaders, tractors, manure
spreaders, and discs or other tillage equipment, as well as a water truck or water trailer.
Pima Gro currently owns six wheeled loaders and excavators, six spreaders, five discs
or other pieces of tillage equipment, eight agricultural tractors, and three or more water
units. The loaders each have a bucket capacity of about three cubic yards. Tractors are
130 or more horsepower units. Spreaders and discs are sized appropriately for the task.
Pima Gro will supply one spreader, one agricultural tractor and disc, and one loader for
field operations for this Project, and a water unit as needed.
AGRICULTURAL REUSE SPECIAL STS Page 10 PIMA GRO/SYSTEMS,INC_.
U00050,Zcr
5.3 BIOSOLIDS QUALITY AND QUANTITY
• The quantity of biosolids to be reused is expected to be 1500 to 2000 wet tons. The City has
specified that the metals concentrations in the biosolids will not exceed Table 1 limits (in 40
CFR 503.13) and that the material is treated to Class B pathogen reduction standards. On
that basis, the biosolids will be acceptable for beneficial reuse, by the standards of Federal,
State, and local regulators.
Since the biosolids are to be applied to land as a fertilizer, the City must certify that the
biosolids meet Class B pathogen reduction standards, as defined in 40 CFR 503.32.
Certifications as to vector attraction reduction compliant with 40 CFR 503.33 will also be
needed. Pima Gro will require copies of the Certifications in order to obtain specific
approval from the Board to reuse the City's biosolids.
5.4 SUITABILITY OF REUSE METHOD
Use of biosolids as a fertilizer or soil amendment on agricultural fields is ideally suited to
the reuse sites. The fields can benefit from the organic material and nutrients in the
biosolids, both for short term crop production and for longer term cumulative benefit to the
soil structure.
The reuse method readily satisfies regulatory requirements. The fields are nearly level,
avoiding potential concerns about runoff, and the tailwater is captured and-retained or
recirculated. The fields are located outside floodways. There is sufficient separation from
. ground water. The biosolids used on the fields meet all regulatory standards. The
application methods meet or exceed all Federal and State standards, and the crops to be
grown on the fields are consistent with those standards. Fields in rural areas are preferred
for this type of reuse.
6.0 Compensation for Services
Pima Gro will provide biosolids screening, removal, transport, and reuse services as
described in this Proposal for $29.40 per wet ton.
The charges are set based on weight of the biosolids as hauled. Pima Gro will bill the City
once every two weeks. Invoices will be supported by load records and weight records for
each load.
6.1 SUBCONTRACTORS
Pima Gro does not propose to use subcontractors for any part of this Project. In the event
that Pima Gro does consider use of subcontractors in the future, Pima Gro will provide
information on the subcontractors to the City.
7.0 Implementation Schedule
Pima Gro has in place now the permits necessary to reuse biosolids, but some preparation
time will be needed to get specific approval for the City's biosolids. The preparatory work
PIMA GRo SYSTEMS,INC_ Page I I AGRICULTURAL REUSE SPECIALISTS
i
i
for this approval can be done and Pima Gro can be ready to haul within 30 days of receipt
of a Notice to Proceed. Pima Gro anticipates that the existing stockpile will be removed
within eight to 12 weeks of Project start-up. Hauling and reuse operations would be .
suspended during wet weather..
8.0 Insurance
Pima Gro will, upon award of the contract, furnish the City with appropriate certificates of
insurance to comply with City requirements for general liability, vehicle, and worker's
compensation policies. The certificates will name the City as an additional insured.
9.0 Contract Services Agreement
f
Pima Gro has reviewed the City's proposed Contract Service Agreement. Pima Gro notes
two points of exception to the stated terms:
I. Basis for billing: Pima Gro proposes to bill the City based on weight rather than
volume, and has so predicated this proposal.
2. Billing frequency: Pima Gro would prefer to invoice the City once every two weeks.
However, invoices can be submitted monthly if required.
AGRICULTURAL REUSE SPECIALISTS Page 12 PIMA GRo SYSTEMS,INC- �
000050.A,
{ 0 E N I E R P ; S E S
� YY ( - _ i 7 v
License No. A-626742
September 28, 1994
Mr. Mark Markwort
Chief of Wastewater Operations
City of Atascadero
6500 Palma Avenue
Atascadero, California 93422
Re: Request for Proposal for Biosolids Handling
Dear Mr. Markwort,
. Enclosed please find our proposal for the above referenced
project. Please note there are photographs depicting our
operation provided at the end of the proposal.
We would welcome an invitation to work on long-term reuse of your
biosolids and believe substantial savings could be derived by the
City.
Thank you again for the opportunity to provid our services.
Regards,
Ji Isco
encl.
000o5o,"
l
PROPOSAL
BIOSOLIDS HANDLING
CITY OF ATASCADERO
Brisco Enterprises is pleased to provide this proposal for the
os /
disP
al reuse of the biosolids
from
the
Ata
scadero Wastewater
Treatment Facility.
Content
1. Brisco Enterprises, General Engineering and
Hazardous Waste contractor, License No. A-626742.
.�n Physical Address: 395 North Lake Blvd.
Tahoe City, CA 96145
Mailing Address: PO Box 7468
Tahoe City, CA 96145
Telephone: 916/583-6882
FAX/583-0401
CEL/952-7582
2 . Correspondence should be directed to Jim Brisco
at the above referenced address and telephone.
3. Brisco Enterprises was established in 1987 .
4 . Brisco Enterprises is a sole proprietorship
5. Mr. Jim Brisco, owner, will direct all on-site
work and be the responsible contact.
0000j' ';ty
6. The following represents previous experience:
A. Client: Clearlake Oaks San./Water Dist.
Location: Clearlake, California
Project: Biosolids Removal - 15,000 CY
Descrip: Remove dry biosolids, load,
transport and incorporate into
agricultural land.
Contact: Mr. Gerald "Dave" Davidson
Clearlake Oaks San./Water Dist.
707/998-1244
B. Client: City of Modesto
Location: Modesto, California
Project: Biosolids Beneficial Reuse
Descrip: Process all permits including
Negative Declaration (CEQA) .
Provide sampling, screening,
loading, transporting of biosolids.
Provided land-use agreements, set
loading rates, apply to various
crops. Submit reports to RWQCB.
ie Contact: Mr. Terry Hegel
Assistant Wastewater Superintendent
City of Modesto
209/577-5249
Mr. Sterling Davis
Environmental Specialist
California EPA
916/252-3062
7 . Brisco Enterprises has the capability to complete
this project in a very efficient manner. Our quick
response and productive clean-up of projects such as
this have been the hallmark of our operation.
8. Guaranteed price per cubic yard: $31.90
Thirty-one and ninety cents per cubic yard.
9. No breakdown is provided due to the price being
guaranteed.
- 2 -
00
0
fir fa
10. The project will be directly supervised by the
owner of the firm, Mr. Jim Brisco. The material will be
loaded into waiting trucks, covered with a tarp and
transported to the Chicago Grade Landfill. At this
point the material will be reused as a top-cover in
order to qualify with the provisions of TARNS 939.
11. We propose to move the material prior to the
winter season. If the City moves quickly to
award the contract, it is possible to move the
material by mid-November. This material must
remain more the 50% solids. If award of this
project is after significant rains and the material
becomes less than 50% solids, scheduling will be
adjusted to late spring/early summer 1995.
12. Loading will be accomplished using a 1990
Caterpillar 950E, or equivalent. Trucking will be
performed by 20 yard, covered end dumps.
13. Regarding permits, the Chicago Grade Landfill
has received approval from Mr. Bill Arkfelt of the
Central Coast Regional Water Quality Control Board.
We are presently awaiting written confirmation which
Mr. Arkfelt indicated would be forthcoming.
Lastly, it should be noted that the present costs are heavily
influenced by landfill fees. If fact, these landfill fees are
equal to our total cost per cubic yard, for the entire project.
Brisco Enterprises appreciates the opportunity to provide services
to the City of Atascadero.
- 3 - 0
OOOO:JO.2z
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Item No: B-1
Through: Andy Takata, City Manager Meeting Date: 10-11-94
File No: TPM 94-001
Via: Henry Engen, Community Development Director
Fromwj'rSteven L. DeCamp, City Planner
SUBJECT:
Consideration of the recommended conditions of approval for
Tentative Parcel Map 94-001 (Maxson) . The subject site is
located at 8500 Portola Road.
RECOMMENDATION:
Staff recommends approval of TPM 94-001 based on the attached
revised Findings for Approval and revised Conditions of Approval .
BACKGROUND•
At the Council' s September 27, 1994 meeting, discussion was held
regarding the imposition of road improvements as a condition of
approval of the above referenced tentative parcel map. Staff was
directed to return with a procedure to guarantee the deferred
installation of suitable road improvements.
ANALYSIS:
Attached to this report are revised Findings for Approval and
revised Conditions of Approval which impose the road improvement
requirements previously recommended for deletion by the Planning
Commission. A Subdivision Improvement Agreement will allow for
the deferral of the improvements and provide for financial
guarantees that the work will be completed.
ATTACHMENTS : - Revised Findings for Approval
- Revised Conditions of Approval
- Subdivision Improvement Agreement (to be attached
by City Attorney)
000051
ATTACHMENT G - Findings for Approval
Tentative Parcel Map #94001
8500 Portola Road (Maxson/Wilson)
August 16, 1994 (Revised 10-11-94 by City Council)
ENVIRONMENTAL FINDING:
The proposed project will not have a significant impact on the
environment . The Negative Declaration prepared for the project
is adequate .
MAP FINDINGS•
1 . The proposed subdivision is consistent with applicable
General and Specific Plans.
2 . The design and/or improvement of the proposed subdivision is
consistent with applicable General and Specific Plans .
3. The site is physically suitable for the type of development
proposed.
4 . The site is physically suitable for the density of the
development proposed.
5 . The design of the subdivision, and/or the proposed
improvements, will not cause substantial environmental
damage or substantially and avoidably injure fish and
wildlife or their habitat .
6 . The design of the subdivision, and the type of the
improvements, will not conflict with easements acquired by
the public at large for access through or the use of
property within the proposed subdivision; or substantially
equivalent alternate easements are provided.
7 . The proposed subdivision design, and/or the type of
improvements proposed, will not cause serious public health
problems .
8. The road improvement conditions imposed are necessary to
ensure compliance with the Circulation Element of the
General Plan and to provide for the safety and convenience
of the public traveling on and along Portola Road.
FLAG LOT FINDINGS:
1 . The subdivision i n
s consistent with the character of the
immediate neighborhood.
2 . The installation of a standard street, either alone or in
conjunction with neighboring properties, is not feasible.
3 . The flag lot is justified by topographical conditions .
0000()2
ATTACHMENT H -- Revised Conditions of Approval
Tentative Parcel Map #94001
8500 Portola Road (Maxson/Wilson)
(Revised 10-11-94 by City Council)
CONDITIONS OF APPROVAL:
Planning Division Conditions
1 . The two (2) existing storage sheds on the property shall be
demolished or relocated such that, following Parcel Map
recordation, no structures exist within the sewer easement
and Zoning requirements relative to building setbacks and
use are satisfied. Said demolition or relocation shall be
completed prior to the recordation of the Parcel Map.
2 . Plans submitted for a building permit on proposed Parcel 2
shall include a grading and drainage plan prepared by a
registered civil engineer. Said plans shall be reviewed to
ensure that driveway improvements do not exacerbate ponding
on the adjacent property to the east potentially associated
with existing backwater conditions caused by the existing
18" culvert under Portola Road not being sized to
accommodate a 100-year storm event (see Attachment D) .
3 . Immediately upon issuance of a building permit on proposed
Parcel 2, and prior to the start of flammable construction,
a reflectorized address identification sign shall be
installed in the location where the driveway connects to the
public right-of-way. Said address identification sign shall
be constructed in accordance with City Standards.
4 . In lieu of the construction of a City Standard concrete
sidewalk (see Condition #17) , the applicant shall pay $25. 00
per lineal foot of property frontage along Portola Road for
the future construction of walkways as part of the "walk to
school plan. "
Fire Department Conditions
5 . Prior to the recordation of the Parcel Map, a new fire
hydrant shall be installed along Portola Road. The precise
type and location of said fire hydrant shall be as approved
by the Fire Marshall and City Engineer.
Engineering Division Conditions
6 . All improvements shall be constructed in accordance with the
City of Atascadero Engineering Department Standard
Specifications and Drawings or as directed by the City
Engineer.
1
00005:3
7 . The applicant shall enter into an Plan Check/Inspection
agreement with the City. Prior to final inspection of the
improvements all outstanding plan check/inspection fees
shall be paid.
8 . An encroachment permit shall be obtained from the City
Engineering Department prior to the start of construction.
A pre-construction conference shall be held prior to
issuance of the encroachment permit.
9 . A soils report shall be prepared for the property to
determine the presence of expansive soil or other soil
problems and shall make recommendations regarding grading of
the proposed site. Said soils report shall be submitted to
the City Engineer for review and approval by the soils
engineer prior to recordation of the Parcel Map. The fact
that a soils report has been prepared shall be noted on the
Parcel Map and any soils problems that exist shall also be
noted.
10 . All improvements within the public right-of-way shall be
covered with a 100% Performance Guarantee and a 50% Labor
and Materials Guarantee until the improvements are deemed
substantially complete by the City Engineer. Prior to the
final inspection of the improvements, and before the other
guarantees mentioned in this condition are released, a 10%
Maintenance Guarantee shall be posted to cover the
improvements for a period of 1 year from the date of the
final inspection. The guarantee amounts shall be based on
an engineer' s estimate submitted by the project engineer and
approved by the City Engineer. The estimate shall be based
on City standard unit prices . The Guarantees posted for
this project shall be approved by the City Attorney.
The applicant shall submit a Notice of Completion to the
City Engineering Department after final inspection of the
improvements for verification by the City. The Performance
and Materials Guarantees will be released 35 days after the
Notice of Completion is filed by the applicant . A copy of
the recorded Notice of Completion shall be submitted to the
City.
11 . A six (6) foot Public Utility Easement (PUE) shall be
provided contiguous to all street frontages .
12 . All existing and proposed utility, pipeline, open space,
scenic or other easements are to be shown on the Parcel Map.
If there are building or other restrictions related to the
easements, they shall be noted on the Parcel Map.
13 . All relocation and/or alteration of existing utilities shall
be the responsibility of the developer.
2
00001A
14 . The applicant shall install all new utilities (water, gas,
electric, cable TV and telephone) underground. Utilities
shall be extended to the property line frontage of each
parcel or its public utility easement.
15 . Any utility trenching in existing streets shall be overlayed
to restore a smooth riding surface as required by the City
Engineer.
16 . Drainage facilities shall be constructed to City of
Atascadero Standards .
All areas within the project boundaries which are subject to
inundation during the 100-year storm event shall be shown on
the grading and drainage plan. In addition, all areas
subject to inundation during a 100-year storm event shall be
outlined and marked on a separate document and recorded
simultaneously with the Parcel Map.
17 . Prior to recording of the Parcel Map, subdivider shall
guarantee, in a form acceptable to the City Attorney, road
improvements along the entire property frontage on Portola
Road. Said road improvements plans shall conform to the
requirements of the City Standard Specifications, Section
2 - Preparation of Plans . R-value testing shall be done,
and the pavement section designed by a registered civil
engineer to the satisfaction of the City Engineer. Road
. improvements shall include, but not be limited to the
following:
a. Portola Road shall be improved to a half-width
Collector Section (City Std 406) contiguous to the
property frontage exclusive of the curb, gutter
and sidewalk. The total pavement width of Portola
Road shall be 20' from centerline to edge of -
pavement or face of A.C. dike, or as approved by
the City Engineer. The improvements may require
overlaying the existing pavement to remedy
excessive cross slopes or grade breaks, remedy an
inadequate structural section or to remedy a
deteriorated paving surface. Transitions shall be
constructed where required to achieve a smooth
join with existing improvements.
b. Slope easements shall be provided as needed to
accommodate cut or fill slopes .
C. A 10' offer of dedication shall be provided along
Portola Road contiguous to the property frontage.
Said offer of dedication shall be recorded prior
to or in conjunction with the recordation of the
Parcel Map.
0 3
000055
18 . All property corners shall be monumented for construction
control and shall be promptly replaced if disturbed. All
final property corners and street monuments shall be
installed, or bonded for, prior to acceptance of the
improvements.
19 . A blackline clear Mylar (0 .4 mil) copy and a blue line print
of the Parcel Map shall be provided to the City upon
recordation.
20 . A Mylar copy and a blue line print of as-built improvement
plans, signed by the registered engineer who prepared the
plans, shall be provided to the City Engineer prior to the
final inspection. A certification shall be included that
all survey monuments have been set as shown on the Parcel
Map.
21 . A Parcel Map in substantial conformance with the approved
tentative map and in compliance with all conditions set
forth in the City of Atascadero Subdivision Ordinance and
the Subdivision Map Act shall be submitted to the City
Engineer for approval .
A preliminary subdivision guarantee, title report and tax
bond certificate shall be submitted for review in
conjunction with the filing of the Parcel Map.
22 . The applicant shall acquire title or interest in any off-
site land that may be required to allow for the construction
of the improvements . The applicant shall bear all costs
associated with the necessary acquisitions . The applicant
shall also gain concurrence from all adjacent property
owners whose ingress or egress is affected by these
improvements .
23 . All work shall be completed or bonded for prior to recording
the Parcel Map. The applicant shall enter into a deferred
improvement agreement with the City if the work is to be
bonded. The agreement shall be fully executed prior to
recording the Parcel Map. All improvements shall be
completed within one year of the recordation of the Parcel
Map.
24 . This tentative map approval shall expire two (2) years from
the date of final approval unless an extension of time is
granted pursuant to a written request received prior to the
expiration date .
25 . Prior to Parcel Map recordation, all sewer annexation fees
shall be paid.
tpm94001 .co2
4
000056
--- eG l®/it jg4�
13-%
t. CITY OF ATASCADERO
1918' 1 9
DEPARTMENT OF PUBLIC WORKS
MEMORANDUM
DATE: October 4 , 1994
TO: Steven DeCamp, City Planner \\
FROM: John Neil , Assistant City Engineer.39,N
SUBJECT: PM AT 94-069 , Maxson
Revised Conditions of Approval
Condition 17 should read as follows:
17 . Prior to recording the Parcel Map, schematic road
improvement plans prepared by a registered civil
engineer shall be submitted for review and approval by
the City Engineer. Road improvements shall include,
but not be limited to, the following:
a . Portola Road . . . . . .
The remainder of this condition should be as it originally
appeared in the Planning Commission Staff Report prior to the
Commission's modifications.
Condition 23 should read as follows:
23 . All work required by these Conditions of' Approval shall
be completed or bonded for prior to recordation of the
Parcel Map. In the case of bonding, improvements shall
be completed within one year from the date that the
Parcel Map records unless an extension is granted by
the City Manager.
The Applicant may, subject to the approval of the City,
Manager and in-lieu of constructing the 'improvements
required by these Conditions of Approval';, contribute to
a Road and Drainage Improvement Fund. Contribution to
this fund is contingent upon such a fund being
established within one year of the date that the Parcel
Map records . The amount contributed to this fund shall
1
6500 PALMA AVENUE • ATASCADERO, CA 93422
Administration/Engineering:(805)461-5020 Wastewater Treatment(805)461-5077 FAX:(605)461-7615
01-T-07-1994 11 FRFM Hf-PTH i=FAST ENG, INC: TU RTAS CITY HALL P.02
MEETING AGENDA
DA ffEM0 /o fi
FOR RECORDER USE ONLY
RECORDING REQUESTED BY:
City of Atascadero
WHEN RECORDED MAIL TO:
City Clerk
City of Atascadero
6500 Palma Avenue
Atascadero, CA. 93422
CITY OF ATASCADERO
SUBDIVISION IMPROVEMENT AGREEMENT
DATE OF AGREEMENT:
• NAME OF SUBDIVIDER: Marlin and Marcella Maxson
SUBDIVISION: Parcel Map AT 94-069
ESTIMATED TOTAL COST OF IMPROVEMENTS:
This Agreement made and entered into by and between the City of
Atascadero, a municipal corporation of the State of California
(hereinafter referred to as "City") and Marlin and Marcella Maxson
(hereinafter referred to as "Subdivider") .
RECITALS
A. Subdivider has presented to the City Council of the City of
Atascadero Parcel Map AT 94-069 for approval but not all of
the improvements required or conditions imposed by Title 11,
Chapter 8 Articles 3 and 4 and Chapter 10 of the Atascadero
Municipal Code have been completed or performed.
B. Subdivider desires to record Parcel Map AT 94-069 after the
same has been approved by the City Council of the City of
Atascadero.
C. The Subdivision Laws establish as a conditionrece
p dent to the
OCT-07-1994 11:2,_, FRCii,i FORTH COAST ENG, INC TO WAS CITY HALL P.C-13
approval of a parcel map that Subdivider must have either
completed, in compliance with City Standards, all of the
improvements and land development work required by Parcel Map
AT 94-069 or have entered into a secured agreement with City
to complete the improvements and land development within a
period of time specified by City.
D. In consideration of approval of Parcel Map AT 94-069 by the
City Council, Subdivider desires to enter into this Agreement,
whereby Subdivider promises to install and complete, at the
Subdivider's own expense, all of the public improvement work
required by City in connection with Subdivision.
E. Schematic Improvement Plans for the construction, installation
and completion of the improvements have been prepared by
Subdivider and approved by the City Engineer. The Schematic
Improvement Plans for Parcel Map AT 94-069 are on file in the
office of the City Engineer and are incorporated into this
Agreement by this reference. All references in this Agreement
to the Schematic Improvement Plans shall also include
reference, to any specifications for the improvements as
approved by the City Engineer.
F. An estimate of the cost for construction of the public
improvements according to the Schematic Improvement Plans has
been made and has been approved by the City Engineer. The •
Estimated Total Cost of Improvements is stated on Page 1 of
this Agreement. The Estimated Total Cost of Improvements
includes the cost for the preparation of road improvement
plans which conform to the requirements of the City Standard
Specifications, Section 2 - Preparation of Plans. The basis
for the estimate is attached as Exhibit "A" to this Agreement.
G. Subdivider recognizes that by approval, of Parcel Map AT 94-
069, City has conferred substantial rights upon Subdivider,
including the right to sell, lease, or finance lots within the
subdivision, and has taken the , final act necessary to
construct the public improvements within the subdivision. As
a result, City will be damaged to the extent of the cost of
installation of the improvements by Subdivider's failure to
perform its obligations under this Agreement, including, but
not limited to, Subdivider's obligation to commence
construction of the improvements. by the time established in
this Agreement. City shall be entitled to all remedies
available to it pursuant to this Agreement and law in event of
a default by Subdivider. It is specifically recognized that
the determination of whether a reversion to acreage or
rescission of the Parcel Map AT 94-069 constitutes an adequate
remedy for default by the Subdivider shall be within the sole
discretion of City_
WOW, THEREFORE, pursuant to the provisions contained in the
Atascadero Municipal Code, Title 11, Chapter 10, sections 11-10. 010
through 11-10. 022 , and in consideration of the approval by the City
000w)vc
OC:T-t_�;-1'+'+4 11:29 FF'011 U=iRTH COR i'-;T ENC, I -1C TO RTAS CITY HALL P.04
Council and the filing of Parcel Map AT 94-069, the parties hereto
do promise and agree one with the other as follows :
Z. Subdivider is to construct and complete all of the
improvements as required by the Conditions of Approval kar
Parcel Map No. AT 94-06 and as required and set forth in Title
11, Chapter 8 , Articles 3 and 4 , and Chapter 10, of the
Atascadero Municipal Code, or as amended.
Subdivider may, at the approval of the City Engineer and in-
lieu of installing and constructing the public improvement
work required by City in connection with Parcel Map AT 94-069,
contribute to a Road and Drainage Improvement Fund in an
amount equal to the fee applicable to this subdivision.
Contribution to this fund is contingent upon such a fund being
established within one year of the date that the parcel map
records. The amount contributed to this fund shall, be the
Estimated Total Cost of Improvements as stated on Page 1 of
this Agreement and shall .include the cost for the preparation
or road improvement plans in conformance with City Standard
Specifications, Section 2 - Preparation of Plans. Should the
Road and Drainage Improvement Fund not be established within
one year of the date that the parcel map records, the
Applicant shall submit road improvements plans prepared by a
registered civil engineer for review and approval by the City
• Engineer.
2 . It is further understood and agreed by and between the parties
hereto that the improvements as required by the Conditions of
Approval for Parcel Map AT 94--069 shall be completed within
one year from the date that the parcel map records. In the
event good cause exists as determined by the City Manager, the
time for completion of the improvements may be extended_ The
extension shall be made in writing executed by the City
Manager. Any such extension may be granted without notice. to
Subdivider's surety and shall not affect the validity of this
Agreement or release the surety or sureties on any security
given for this Agreement. The City Manager shall be the sole
and final judge as to whether or not good cause has been shown
to entitle Subdivider to an extension. As a condition of such
extension, the City Manager may require Subdivider to furnish
new security guaranteeing performance of this Agreement as
extended in an increased amount as necessary to compensate for
any increase in construction costs as determined by the City
Engineer.
3 . The Subdivider promises and agrees to complete all improvement
work referred to hereinabove to the satisfaction of the City
Engineer.
. 4 . If said improvement work is not completed within one year of
the date that the parcel map records, the Subdivider agrees
that the City may elect to complete the same or grant an
extension.
u(it) )P7-3.
OCT-07-1594 11:7-0 FROM NORTH COAST ENC,, INC TO WAS CITY HALL P-05
5. In the event the City elects to complete said work or
improvement, the Subdivider agrees that the City may exercise
it's option to declare the bond or deposit, as hereinafter
described, forfeited and utilize the proceeds, including any
interest, to complete said improvements or that the City may
complete said improvements and recover full cost and expense
thereof including reasonable attorney fees from the Subdivider
and his/her surety.
6. The Subdivider shall, prior to submitting the map for filing,
file an improvement security with the City, in a form
acceptable to the City Attorney, in the amount of the
Estimated Total Cost of Improvements, which is the amount
deemed sufficient by the City Engineer. In no case shall the
improvement security be less than 100% of the Estimated Total
Cost of Improvements. Further, the Subdivider shall file a
security for labor and materials in the amount of the
Estimated Total Cost of Improvements. The security for labor
and materials shall be no less than 50t of the Estimated Total
Cost of Improvements. Periodic progress payments may be
authorized to the subdivider as the improvements are completed
if adequate security remains as determined by the City
Engineer, however, no such progress payments shall be made for
more than 90% of the value of any work. Progress payments
shall only be paid on work that is completed to the
satisfaction of the City Engineer.
7. The Subdivider hereby agrees that after the completion and
acceptance of the improvements as specified in paragraphs 2
and 3 , 10% of the improvement security shall be retained for
the guarantee and warranty of the work for a period of one
year.
S. It is understood and agreed by and between the parties hereto
that this Agreement shall bind the heirs; executors,
administrators, ..successors, and assigns of the respective
parties to this agreement.
9 . In the event legal action is taken to enforce the provisions
of this Agreement, the prevailing party shall be entitled to
recover costs to enforce the. Agreement, including reasonable
attorney fees.
10. The Subdivider shall , defend, indemnify and save harmless the
City, its officers, agents and employees from any and all
claims, demands, damages, costs, expenses, or liability
occasioned by the performance and attempted performance of the
provisions hereof, or in any way arising out of this
Agreement, including, but not limited to, inverse
condemnation, equitable relief, or any wrongful act or any
negligent act or omission to act on the part of the Property
Owner or of agents, employees, or independent contractors
directly responsible to the Property owner, providing further
that the foregoing shall :apply to any wrongful acts, or any
0600YZIA
OCT-07-1994 11:31 FROM NORTH OAST ENG, I NC TO WAS CITY HALL P.c16
actively or passively negligent acts or omissions to act,
committed jointly or concurrently by "the Applicant, the
Property Owner's agents, employees, or independent
contractors. Nothing contained in the foregoing indemnity
provisions shall be construed to require the Property owner .to
indemnify the City against any responsibility or liability in
contravention of Section 2782 of the Civil Code.
11. Upon acceptance of the work on behalf of City and recordation
of the Notice of Completion, ownership of the improvements
constructed pursuant to this Agreement shall vest in City.
12 . Sale or other disposition of this property will not relieve
Subdivider form the obligations set forth herein. Subdivider
agrees to notify City in writing at least 30 days in advance
of any actual or pending sale or other disposition of the
property.. If Subdivider sells the property or any portion of
the property within the Subdivision to any other person,
Subdivider may request a novation of this Agreement and a
substitution of security. Upon approval of the novation and
substitution of securities, Subdivider may request a release
or reduction of the securities required by this Agreement.
Nothing in the novation shall relieve the Subdivider of the
obligations under Paragraph 2 for the work or improvement done
by subdivider.
13 . All notices required or provided for under this Agreement
shall be in writing and delivered in person or sent by mail,
postage prepaid and addressed as provided in this section.
Notice shall be effective on the date it is delivered in
person, or, if mailed, on the date of deposit in the United
States Mail . Notices shall be addressed as follows unless a
written change of address is filed with City:
City: City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Subdivider: Marlin and Marcella Maxson
Surety;
14 . The provisions of this Agreement are severable. If any
portion of this Agreement is held invalid by a court of
competent jurisdiction or applicable legislation, the
remainder of the Agreement shall remain in full force and
OCT-O?-I9' 4 11:'1 FROM NORTH COAST ENG> INC TO RTAS CITY HALL P-07
effect unless amended or inodified by the mutual consent of the
parties.
15. The Recitals to this Agreement are hereby incorporated into
the terms of this Agreement.
16. The Conditions of Approval for Parcel Map AT 94-069 as adopted
by the City Council of the City of Atascadero are hereby
incorporated into the terms of this Agreement.
17 . This Agreement constitutes the entire Agreement of the parties
with respect to the subject matter. All modifications,
amendments, or waivers of the terms of this Agreement must be
in writing and signed by the appropriate representatives of
the parties. In the case of City, the appropriate party shall
be the City Manager.
IN WITNESS WHEREOF the Property Owner has hereunto set his/her
hand and the City has caused these presents to be signed by its
duly sworn and authorized officers the day and year first
hereinabove written.
Subdivider:
Marlin Matson
Marcella Maxson
Attest: City of Atascadero:
Lee Price by: R. David Bewley
City Clerk Mayor
Approved as to form:
Arther R. Montandon
City Attorney
Approved as to content:
Steven J. Sylvester
City Engineer
TPM9b001.AGR
MEETING AGENDA
–�—� DAT 10/11 94fTEM# 0_.,i......
County of San Luis Obispo
Drugend Alcohol Services {
I� 1102 A Laurel Lane ❑ 994 Mill Street, Suite 201
San Luis Obispo, CA 93408 San Luis Obispo. CA X3401
(805) 781-4753 (805) 781.4275
_ FAX (805) 781-1227 FAX (805) 781-4304
PAUL HYMAN
DIRECTOR!AOMINISTRATOR y
y�■a
4
Mayor Dave Bewley and City Council Members
6500 Palma
City of Atascadero, CA 93422
July 18, 1994
4
Dear Mayor Dave Bewley,
This letter is to request agenda time in late September, early October to
present the 1993-1994 report and the 19941995 goals of the Advisory Body
(MPAB) to the San Luis Obispo County Master Plan to Reduce Drug & Alcohol
Abuse. As we enter the fifth year of this project, more local input is desired to
make a significant difference in the health and safety of our communities.
The presenters will be asking you at that time to direct your Planning
Commission, Human Relations_Commission and local law enforcement to provide
feedback on the relevancy of the Master Plan recommendations and activities to
your jurisdiction.
The presenters will also be asking you to sponsor a public workshop, co-
hosted by your local Community Recovery Center, local service clubs, scouts and
churches to enable your constituents to learn about and become involved in the
solutions to the drug and alcohol issues within your jurisdiction.
Please find enclosed a copy of the 2993-1994 Master Plan report and feel
free to call Katrina Rosa, Project Coordinator, 781-4290 with any questions. Thank
you.
Sincerely,
om sulavan, air, Master Plan vlsory y
Susan Mullen, vice-Mayor, Morro Bay
Spokesperson, Public Policy Task Group for MPAB
usan Wdrren, Director, North Qounty MnnecHon
cc: City Administrator
• Treatment a Recovery Services •Drinking Driver Programs: First Offender/Seoond Chance •Probationer's Program •Planning
•Community Recovery Centers •Youth Treatment/Early Intervention •Perinetal Services •Prevention 8 Education •Public Polley
•Dual Diagnosis Program 0 Home Detoxification • Residential Services •AIDS EducationlTraining •Drug Diversion •Scho I
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: C-2
Through: Andrew Takata Meeting Date: 10/11/94
City Manager
1File #: Salinas River
r&
From: Henry Engen Area Plan
Community Development Director
SUBJECT:
Proposed San Luis Obispo County Salinas River Area Plan Update.
RECOMMENDATION:
Following review and discussion, provide direction with respect to
any comments Council may wish to submit to the County of San Luis
Obispo regarding this plan.
BACKGROUND:
At the City Council' s meeting of September 13, 1994, there were
comments during the Community Forum by individuals opposed to
certain features of the County' s Salinas River Area Plan Update,
which is in the process of being heard before the County Planning
Commission. In response thereto,. the Mayor submitted the attached
letter to the County indicating that several of these matters would
be under review by the Council which could lead to future Council
comment. In addition, the Community Development Director submitted
the enclosed September 8, 1994 letter with regard to land use pro-
posals in the immediate area of the City of Atascadero.
Following that meeting, copies of the public review draft of the
Salinas River Area Plan were provided to the City Council together
with memoranda from the County Planning Commission staff. In
addition, the Salinas River Area Plan Environmental Impact Report
has been made available to the Council on the Council ' s reading
desk.
At the September 27, 1994 meeting, Councilmember George Highland
indicated that he had concern with regard to language in Attachment
D, Pages 10 and 12 and requested other councilmembers review same.
S/C: Public Review Draft Salinas River Area Plan
County Staff Memoranda, dated September 19, 1994; June
30, 1994
Council Reading Desk: Salinas River Area Plan EIR
Encls : Mayor' s Letter, dated September 16, 1994
Staff Responses, dated September 8, 1994, February 10,
1993 and July 26, 1991
000059
C-' leis!� ••. �� 1070-7
CITY OF ATASCADERO
RU
co"
September 16, 1994
San Luis Obispo County Planning Commission
County Government Center
San Luis Obispo, CA 93408
Subject: Salinas River Area Plan
Honorable Planning Commission:
As you are aware, City staff has forwarded comments on the Draft Salinas
River Area Plan and Environmental Impact Report. Those comments were.focused
on the compatability of basic land use policies of the plan as it relates to the City
of Atascadero and its adjoining planning referral area.
The Ci Council has been.a roached by citizens who have expressed
City PP
concerns over the reasonableness of the highway design standards and also
increasing the capacity of Highway 101. At the City Council's September 13th
meeting, it was agreed that Council members would review these concerns at a
future meeting and forward them to the County for consideration. We realize that
this may not be timely with respect to the Planning Commission's considerations,
but we wish to make it part of the record that there may be additional comments
forthcoming from the City Council
Sincerely,
R. DAVID BEWLEY
Mayor
ROB:cw
C:, City. Council
bc: Andy Takata
Henry Engen
AD OFFICfs - 650Q PAL A:AMME:•ATASCADERO. CA-93422 `o ()()+)i
City Council- sM461-5ow 0ity Mmmyer:461-Smo city curb 4".6M CdpAcW=r-462 MD8 — City s4Jc 4a-060rs `
CITY OF ATASCADERO
� 1918 � �
1979
COMMUNITY DEVELOPMENT DEPARTMENT
Se 8, 1994
.James Lopes, Associate Planner
Department of Planning & Building
County Government Center
San Luis Obispo, CA 93408
Subject: Salinas River Area Plan Update
Dear Mr. Lopes :
This is to advise that we have reviewed the Salinas River Area Plan
and accompanying Environmental Impact Report. We find that the
proposed land uses in the Atascadero planning area are consistent
with our Land Use Element_ adopted in January 1992, including
policies relative to rural separation/community identity.
For the record, we are enclosing copies of the City' s letter, dated
July 26, 1991, responding to the Environmental Coordinator' s office
Notice of Preparation for the Salinas River Area Plan Update and a
February 10, 1993 letter responding to the Draft Environmental
Impact Report. We would appreciate your confirming that the
corrections sought in those letters have been accomplished. In
addition to the population holding capacity, the Environmental
Impact Report erroneously did not include the Atascadero State
Hospital, Chalk Mountain Golf Course, Paloma Creek Park, and
Heilmann Regional Park within the City' s Urban Reserve Line and
Urban Services Line. Moreover, the land use designations were in
error and need to be corrected to reflect Public land for the
Atascadero State Hospital, and Recreation for Paloma Creek Park,
Heilmann Park, and Chalk Mountain Golf Course.
City' s 1992 Land Use Element Excerpts:
For your edification, the following reflects the City' s policies
with respect to areas of mutual concern on the periphery of the
City of Atascadero:
Page II-1 .
"Protect and preserve the rural atmosphere of the Community by
assuring ' elbow room' for residents by means of maintenance of
large lot sizes which increase in proportion to distance
beyond the urban core. "
"Preserve the contours of the hills. Buildings built on
hillsides shall conform to the topography using the slope of
the land as the basis for the design of the structure. "
6500 PALMA AVENUE • ATASCADERO, CA 93422
Building Pertnits:(805)461-5040 Planning:(SOS)"1-5035 En(orc vent(805)461-5034 Director(806)461-5097 City Fax:(805)461.0606
0000f31
Page 11-7 & 8
a distinguishable urban core area
avironment- 40
"The Plan provides ' en suburban resident which might more
b a low density ,
surrounding Y , s Urban Reserve Line rve Line - the City' s
Beyond the City
accurately be identified id suburban
tial, agricultural. and other open
s identity
plan encourages rural residential, an
einforce the Cit to San
spa types of uses to space th rcharacteristics historic
P the openthe City s or the County' s
to maintain it is not in would lead to the strip
Luis Obispo County. which Highway 41 .
interest to allow land uses Highway 101 corridor or be widened
urbanization h either the thesecorridorscan readily
In fact, neither of 101 because of the Cueterrain Grade and
throughout the County; the extremely rough
41 because of of Atascadero. Maintaining the
Highway and the City will require coordinated
between Morro Bay of Atascadero Obispo. Towards this
distinctive charactereCounty of San Luis encompassing that area
planning with the referral area enc of Cuesta Grade and
end, a county planning
between vineyard Drive and the top has been
lying summit of the hills east of the Salinas River an
between the Alto Campground west the City before
the Cerro County will consult within the
established. The use intensification
any land planning referral area. "
considering ortion of this
unincorporated p
Page 11-29 a on the plan to
areas are designated ed as
"Major agricultural reserves and are encouraged
that
reflect existing agricultural p limits provided
technique Within the city
a land banking allowed which would conflict wetg•thfeed lotsg
no new use be a
suburban residential character of the as the optimum use in that
planning area lying east of the Salinas
part of the p River
Agriculture use is also recommended
below the Eureka Grade. " areas
agricultural preserves
,• desi nated for Rural Reeinot in ag include CO o ium Park
Areas g. limits. which ar
beyond the city Except for
at area lying between the use,and Sta hest
and that the hig
not being considered for pub area
proposed within the planning
the Suburban Residenial South Atascadero arResidential (5 -
density land use category
be and the city Limits of Atascadero is Rural
20 acre minimum lot size) . "
page 11-35 plan are
Reserve and Urban Servich strongeoPen features
etpolicies of
Urban ed within the intended to work ban concert
seshould be develop ed between the
the county- suburban uses should be developed space uses
Service line, Urban Reserve lines with op
Urban Service and the
000062
guaranteed by County policies beyond the Urban Reserve Line.
The plan' s policy of limiting Urban Reserve Line expansion to
that area between' the Salinas River and E1 Camino Real
comprised of state and county-owned lands shall be coordinated
with the Local Agency Formation Commissions ' sphere of
influence policies which should coincide with that of the
City. General Plan revisions, subdivision and major
development applications for the unincorporated land within
the City' s planning area and planning referral area should be
referred to the City for review and comment. The County
should not allow urban development or permit further
fracturing of rural lands beyond the City' s Urban Reserve
Line. "
"A summary of the growth management techniques incorporated in
the Atascadero General Plan includes :
* Directing urban uses to locate within the Urban Services
Line.
* Directing suburban uses to locate between the Urban
Services Line and the Urban Reserve Line.
* Encouraging open space land uses and -programs beyond the
Urban Reserve Line.
* Coordination with County Planning, Atascadero Unified
School District, Local Agency Formation Commission and
Atascadero Mutual Water Company, and related mutual
agencies such as California Division of Forestry in
planning for the needs- of the City of Atascadero. "
Should you have any questions on any of the foregoing or the
enclosed past communications, please contact us . We wish you and
the County Planning Commission and Board of Supervisors good luck
in your daunting task of updating the Salinas River Area Plan.
Sincerely,
4vu-�
Henry Engen
Community Development Director
City of Atascadero
HE:ph
Encls : July 26, 1991 - Response to Notice of Preparation
February 10, 1993 - Response to Draft EIR
cc: City Council
Andrew Takata, City Manager
000UG3
CITY OF ATASCADERO
DEPARTMENT
CAD�- j91s' " �' '9'9} COMMUNITY DEVELOPMENT DEP
February 10, 1993
John McKenzie, Environmental Specialist
Environmental Coordinator's Office
County GoObismntCaliforniaRoom
93408
San Luis Obispo,
act
SUBJECT:
Draft Salinas River Area 1PlanaUpdateo �
Dear Mr. McKenzie:
Thank you for the opportune (ElR rprepared for thetSalinas River
Environmental Impact ResEIR is daunting ort ( ) _
Area Plan Update. - The Drafconcerns/observath
concerns/observations ithe n theg
"punchlist reflecting our i.
order they appear in the Draft document:
PacTe 1-2e While there may be no responsible agencies involved in
the project, it seems several state agencies have "jurisdiction
by law over natural resources affected by the project" and should
therefore be identified as trustee' agencies. One example would
be the CA Department of Fish and Game.
Page : The City of Atascadero encompassesOroughlyacres; 15,600
and the
ages; our planning area cOIIlpyi5e5 some ,9
original Atascadero Colony subdivision included approximately
23,055 acres. The note at the bottom of Table 3.3-1 regarding
the City' s acreage needs to be corrected or clarified.
Page 3-17: This page shows proposed land use within the land
unincorporated portion of the Atascadero urban area.
uses conflict with both the Draft Area Plan and Atascadero' s
General Plan. To wit: Chalk Mountain Golf Course and Hellmann
Park are depicted as "Public" and should be "Recreation";
Atascadero State Hospital is shown as "Residential Rural"
a d
"Recreation" and should be "Public";
and Paloma Creek depicted as "Residential heura " and revious pagelalso needbe rtotbenredoneThe
acreage comparisons on t p
for consistency.
6500 PALMA AVENUE • ATASCADERO, CA'93422
Building Pe"MIS:UOS)Kl•SO40 Planning:(XIS)441-5035 Enioecen.enr./eoS)441-5034 Dim mr.UOS)"14099' City Fax:(305)443-040
0000b4
Page 5. 1-4: Atascadero' s 1990 Draft Land Use Element was adopted
in January of 1992, and should therefore be referenced as the
. 1992 Land Use Element (LUE) . The LUE shows two land use
designations outside the current city limits that would allow for
residential development: Suburban Single Family and Rural
Residential. The minimum lot size within the Suburban Single
Family areas ranges from 2.5 to 10 acres, and the minimum lot
size within the Rural Residential areas would range from 5 to 20
acres. In both cases, the minimum lot size for a particular
property would be determined based on slope, septic suitability,
access, remoteness and neighborhood consistency. The distinction
between these two land use designations should be clarified.
Page 5.2-I1: West Mall and Capistrano Avenue should be included
as segments of Highway 41 through Atascadero.
Page 5.2-16: It should be noted that the City's preferred
alternative for realignment of Highway 41 east of E1 Camino Real
is a two-lane arterial section, except for the short link between
El Camino Real and Santa Ysabel Avenue which would be four lanes.
Page 5.2-36: While additional park-and-ride lots could help to
reduce traffic impacts, the provision of "convenience amenities"
at these locations may be impractical or environmentally
undesired absent adequate services/infrastructure. The reference
to such "convenience amenities" at park-and-ride lots should
therefore be qualified accordingly.
Page 5.7-3: Flooding has also been associated with Paloma Creek
(south end of the City) and within the so-called
Amapoa/Tecorida/Azucena area downstream from Atascadero Lake.
Page 5.7-7: The statement "no part of the unincorporated portion
of the Atascadero urban area is within any flood hazard zone" is
inaccurate: Our FEMA maps show flood hazard zones associated
with both North and South Forks of Paloma Creek, which flow
through Paloma Creek Park (a City park currently outside the City
Limits) and the Atascadero State Hospital property.
Page 5. 10-7: Should the Alquist-Priolo Special Studies Zones Act
(Public Resources Code Section 2621-2630) be referenced?
Page 5.11-2: The same statement that concludes paragraphs on
Highway 46 and Highway 41 on Page 5.11-3 should be included in
the paragraph regarding Highway 101 (that the area along Highway
101 south of Atascadero is designated as a Sensitive Resource
Area in the Draft Plan due to visual quality and sensitivity) .
It is our opinion that this SRA for Highway 101 should run from
Atascadero to Highway 58, if not to the southerly limits of the
Area Plan planning area.
000065
Page 5. 11-4: Since San Ramon Road parallels Highway 101 for
approximately one mile,, Atascadero is probably better described
as being located along Highway 101 between Santa Barbara Road and
the San Ramon/Santa Cruz Road overpass.
Page 5.11-5: The description of the vantage point for photograph
C is of little value; most of Atascadero lies south of Ramona
Road and North of Santa Barbara Road.
Page 5.11-9: Is there a need for a 10-acre maximum parcel size?
Page 5.11-11 (Figure 5.11-3) : See comment to Page 5.11-5 above.
Page 5.13-7: The Appendix reference at the end of the first
complete paragraph is incorrect (should be Appendix F) . The
statement in paragraph (b) that "the unincorporated areas
surrounding the City of Atascadero within the planning area do
1 designated lands is also
an
agriculturally g
not contain Y
Y g
incorrect. Most of the unincorporated areas surrounding
Atascadero are designated for agriculture -- see Area Plan Land
Use Map -- and have Agricultural Preserve status.
e
Once again, these comments have been presented in the order in
g �
which they appear in the Draft EIR, not by their importance. For
clarification, above-referenced inconsistencies in proposed land
use (see comment to Page 3-17) and the failure to emphasize the
visual importance of lands along Highway 101 between Atascadero
and Highway 58 (see comment to page 5-11.2) are clearly of M
primary concern to us.
Please feel free to contact either myself or Gary Raiser of my
staff at (805) 461-5035 if you have any questions regarding this
matter.
Sincerely,
4%0%.1
Henry Engen
Community Development Director
Enclosure: General Plan Land Use Map
cc: James Lopes, LUE Update program
HE:gvk\snap\noc
000066
CITY OF ATASCADERO
1 197�—
' COMMUNITY DEVELOPMENT DEPARTMENT
, .SCAD
EROS
July 26, 1991
John McKenzie, Environmental Specialist
Cf_`ice of Environmental Coordinator
County Government Center, Room 370
San Luis Obispo, California 93408
SUBJECT: Salinas River Area Plan Update (:SCP)
Dear Mr McKenzie:
Thank you for the opportunity to review the draft Land Use and
C_=culation Element update of the SalinasR'_••er Area Plan. As
_-ou may be aware, we too are inthe prccess c` updating the Land
Use Element of our General Plan. _ The Salinas River Area Plan
��cate, therefore, is timely, and reflects the results of Jehn
7L=hrat and James Lopes of the County planning staff having
worked closely with our City' s planning staff to coordinate
e-forts. Enclosed please find for your reference a copy of our
draft update document and draft environmental impact report.
The land use policies contained within the proposed Area Plan,
are consistent with both our existing General Plan and proposed
General Plan update, particularly the rural separations/community
identity policies. The most important discrepancy between our
two plans, however, is the projected population for the City of
Atascadero.
The fact that the City was master planned and subdivided earlier
this century, together with present (and proposed) minimum lot
size and density standards in all the residential zones, serves
to :rake pure growth rate projections very susceptible to error.
The maximum population capacity for the City of Atascadero, based
on the General Plan and its implementing zoning, is 31 , 150
persons. This full build-out population is expected to be
reached around the year 2002. It should be emphasized that this
theoretical build-out population of 31 , 150 persons is a maximum
figure because it assumes (1) full potential development, (2) an
adequate water. supply, ( 3) full expansion of sewer services
within the Urb_:n Services Line and (4) no new non-residential
6500 PALMA AVENUE • A'IASCADERO, CA 93422
Building Permgs:18051"1-5040 Planning:00SI KI-50.15 .Enforcement•.18051"I-50.34 Otr rotor:(8031 461-SM - City Fa%:1805)"1-06"
000067
z .
etc . ) .
uses permitted in residential zones (schools , churches ,
Were the State Hospital annexed, however, the City' s p
would be increased by 950 persons.
-� River Area Plan shows a population
681 persons in the year 2000 ,
Table A-1 in the draft Salinas
projection for Atascadero of 30, ' s projections .
which is reasonably consistent with the Citthe year 2020 is
However, a projection of 45,010 persons byo he yeartion holdsis
unrealistic as it disregards our planned p p
capacity. As a result, anticipated demands for housing and
public facilities and servignificantlt over-estimatedin the lty Of
utilizing the
Atascadero, could be signs Y
draft Area Plan. sesit
nted
out
hat
a he
For clarification purp �onl sencompasseshould be labout one-quarter of
Line
City' s Urban Services Y
the community (i.e. , that area planned for sewer services) . The
imarily for suburban residential
remaining area is designated pr
use and would be served by individual septic systems.
i
The minimum lot size in F,tascadero' s designated Suburban -
Residential zoning ranges from 2. 5 ugestedainethenproposedot 2 to 1Area
res, a
acres, nor a flat 2. 5ac note that we are proposing a Rural
Plan) . Finally, please
Residential land use eeiagCet1Darcelto ssizesninwhat
the extremes western
residential to requir _ _
^ortior.
or our planning area (see .ap) • 0
' 1 hope these preliminary comments are helpful to you. We look
forward to reviewing rt that
the draft environmental impacto�eP°ascadero
will be prepared for the County Plan. If the ity r assistance in the meantime, please contact
can be of any furthe
Gary Kaiser of my staff at (805) 461-5035 .
Sincerely,
Henry EngeA
V
i
Community Development Director
Attachment -- Draft General Plan Update
I Draft EIR
L
cc: LUE Update Program Attention: James Lopes
Department of Planning and Building
County Government Center
San Luis Obispo, California 93408
L-
HE: v}: cnt . ap
� g / Y
'T
000()68
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: C-3
Through: Andrew Takata Meeting date: 10/11/94
City Manager
File Number: ZC 94002
From: Henry Engen
Community Development Director
SUBJECT•
Adoption of an ordinance to change the text of the City' s Zoning
Ordinance to allow "business and vocational schools" in the
Commercial Professional (CP) zone.
RECOMMENDATION:
Approval and adoption of Ordinance No. 281 on second reading.
BACKGROUND•
On September 27, 1994, the City Council conducted a public hearing
on the above-referenced subject. The Council approved Ordinance
No. 281 on first reading. '
HE:ph
Attachment: Ordinance No. 281
000069
ORDINANCE NO. 281
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
AMENDING THE OFFICIAL ZONING ORDINANCE TEXT TO ALLOW "BUSINESS
AND VOCATIONAL SCHOOLS" IN THE COMMERCIAL PROFESSIONAL (CP) ZONES
(Zone Change 94002)
WHEREAS, the proposed zoning text amendment proposes
standards that are consistent with the General Plan as required
by Section 65860 of the California Government Code; and
WHEREAS, the proposed amendment is in conformance with
Section 65800 et seq of the California Government Code concerning
zoning regulations; and
WHEREAS, the City Council has approved a request submitted
by an interested and concerned member of the community to
initiate the subject text amendment; and
WHEREAS, the proposed amendment does not have a potential to
result in a significant adverse effect on the environment and the
Negative Declaration prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on September 6, 1994 and has recommended that the
proposed amendment be incorporated into the City Zoning
Ordinance.
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1. Council Findings
1. The proposal is consistent with the General Plan, and
compatible with the stated purpose of the Zoning
Ordinance.
2. The proposal will not result in any significant adverse
environmental impacts.
Section 2. Ordinance Text.
Zoning Ordinance Section 9-3.212. is hereby amended by the
addition of allowed land use (z) "Business and vocational
schools" as shown in Exhibit A attached hereto and made a part
hereof by reference.
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Ordinance No. 281
Page 2
Section 3. Publication.
The City Clerk shall cause this ordinance to be published
once within fifteen ( 15) days after its passage in the Atascadero
News, a newspaper of general circulation, printed, published and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 4. Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12: 01 a.m. on the 31st day after its passage.
On motion by Councilperson and
seconded by Councilperson , the foregoing
ordinance is hereby adopted in its entirety on the following roll
call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
R. DAVID BEWLEY, Mayor
ATTEST:
LEE PRICE, City Clerk
APPROVED AS TO CONTENT:
ANDY TAKATA, City Manager
0010 J71
Ordinance No. 281
Page 3
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
HENRY ENGEN, Community Development Director
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EXHIBIT "A"
ORDINANCE NO. 281
ADOPTED JULIE 27, 1983
CP (COMMERCIAL PROFESSIONAL) ZONE
9-3 . 211. Purpose: This zone is established to provide for of-
fices and limited retail shopping and personal service facilities
along arterials and major collectors. The Commercial Professional
Zone is situated to serve streets with higher traffic volumes while
also serving to provide a compatible transition between such streets
and adjacent single family residential areas.
9-3 . 212. Allowable Uses: The following uses shall be allowed in
The Commercial Professional Zone. The establishment of allowable uses
shall be as provided by Section 9-2.107 (Plot Plans) and Section 9-2.
108 (Precise Plans) :
(a) Food and beverage retail sales, where areas of use are less
than 2500 square feet per store
(b) Roadside stands (See Section 9-6.116)
(c) Temporary or seasonal retail sales (See Section 9-06.174)
(d) General merchandise stores, where areas of use are less than
2500 square feet per store
(e) Accessory storage (See Section 9-6.103)
(f) Personal services, where areas of use are less than 2500
square feet per store
(g) Utility transmission facilities
(h) Collection stations (See Section 9-6.130)
(i) Eating and drinking places
(j) Libraries and museums
(k) Broadcast studios
(1) Building materials and hardware, where areas of use are less
than 2500 square feet per store (See Section 9-6.165)
(m) Furniture, home furnishings and equipment, where areas of use
are less than 2500 square feet
(n) Mail order and vending
(o) Financial services
(p) Health care services
(q) Temporary offices (See Section 9-6.176)
3-25 000073
ADOPTED JUNE 27, 1983
(r) Light repair services
(s) Horticultural specialties (See Section 9-6.116)
(t) Business support services, where all areas of use are located
within a building
(u) Social and service organizations
(v) Offices
(w) Bed and Breakfast
(x) Schools (See Section 9-6 .125)
(y) Utility service center
(z) Business and vocational schools
9-3. 213. Conditional rises: The following uses may be allowed in
the Commercial Professinal Zone. The establishment of conditional
uses shall be as provided by Section 9-2.109 (Conditional Use Permit) :
(a) Caretaker ' s residence (See Section 9-6.104)
(b) Churches and related activities (See Section 9-6 .121)
(c) Pipelines
(d) Food and beverage retail sales, where areas of use are
greater than 2500 square feet per store
(e) General merchandise stores, where areas of use are greater
than 2500 square feet per store
(f) Personal services, where areas of use are greater than 2500
feet per store
(g) Building materials and hardware, where areas of use are
greater than 2500 square feet per store (See Section 9-6.165)
(h) Furniture, home furnishings and equipment, where areas of use
are greater than 2500 square feet per store
9-3. 214. Lot Size: There shall be no minimum lot size in the
Commercial Professional Zone.
3-26 Q000'74
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: C-4
From: Andrew J. Takata, City ManagerMeeting Date: 10/11/94
SUBJECT: Reschedule October 25, 1994, City Council Meeting
RECOMMENDATION:
Staff recommends that the October 25th regular Council meeting be deferred to either
Wednesday, October 26th or Thursday, October 27th.
DISCUSSION:
The League of California Cities Annual Conference, scheduled for October 23-25,
1994, in Long Beach, coincides with the Council's second regular meeting, Tuesday,
October 25th. Due to the fact that various members of Council and staff will be
attending the conference, staff is recommending postponement to one of the above
alternate dates.
For your information, on Thursday the 27th, the Chamber of Commerce is hosting
Talk Net radio personality Bruce Williams at the Pavilion, which has been widely
publicized and which the Chamber hopes members of Council can attend.
AJT:cw
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