HomeMy WebLinkAbout03/15/1988, C-2 - WASTEWATER TREATMENT PLANT PASTURE �II��III��IAI�III tJ MEETING DATE:
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CIo san tins os�spo MARCH 15 1-288
Miga COUNCIL AGENDA REPORT ITEM NUM
FROM: DAVID F. ROMERO, DIRECTOR WAYNE PETERSON PREPARED BY: THOMAS GINGG
PUBLIC WORKS DEPARTMENT CITY ENGINEER ENGINEERING FIELD SUPERVISOR
SUBJECT:
Wastewater Treatment Plant Pasture
CAO RECOMMENDATION:
By resolution approve form of lease, authorize staff to
advertise for bids and award lease contract
BACKGROUND:
For many years, the City has leased the fields adjacent to the
wastewater treatment plant for permanent pasture. The provisions
call for the lease holder to spread wastewater effluent on these
fields and to operate the fields with good grazing practices.
Lease is for a 4-year period commencing June 1, 1988, with
provisions which permits the City to withdraw any portion of the 27
acres (or to terminate the lease) upon 30-day notice. The form of
the lease that we are proposing is not significantly changed from
the current lease.
Historically, the Council has first approved a form of lease
authorizing sealed bids to be opened at a Council meeting and
thereafter held a public auction at the meeting. This is not
required by Charter, but is merely past practice. Staff feels that
a minor lease contract of this nature should be delegated to the
staff, thus freeing the Council agenda. Accordingly, the
resolution is structured to delegate this authority to the staff.
FISCAL IMPACT:
Based upon past experience, we should be able to lease this land
for $7.00 per acre and earn $2, 268.00 per year for the City.
STAFF RECOMMENDATION:
Staff recommends that Council approve form of lease, authorize
staff to advertise for bids and award the lease contract.
Attachment: Resolution
Form of Lease (Exhibit A)
ACTION TAKEN:
Approved As Recommended As
modified
Denied Continued
Vote:
sewerlease/dfr#10 e-'24
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RESOLUTION NO. (SERIES 1988)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FORM OF LEASE FOR THE WASTEWATER TREATMENT PLANT
PASTURE AND AUTHORIZING STAFF TO ADVERTISE FOR BIDS
AND AWARD A CONTRACT
WHEREAS, the City owns 27 acres of property adjacent to
the Wastewater Treatment Plant; and
WHEREAS, the City has historically discharged treated
wastewater to this property to achieve further treatment and
disposal; and
WHEREAS, the City has historically leased this property
for private grazing operations thus saving City operations
costs; and
WHEREAS, the grazing operations lease is not of interest
to the Housing Authority for low-income housing, or to County,
Regional or State agencies, or for recreation, or to the School
District; and
WHEREAS, the Council desires that more routine matters
such as leases be handled by staff,
NOW, THEREFORE BE IT RESOLVED by the Council of the City
of San Luis Obispo as follows:
SECTION 1. The form of that certain agreement entitled,
"LEASE AGREEMENT - WASTEWATER TREATMENT PLANT PASTURE", attached
hereto marked Exhibit "A" is hereby approved.
SECTION 2. Staff is authorized to advertise and award
the lease contract.
SECTION 3. The City Clerk shall furnish a copy of this
resolution to the Finance Director and the Public Works
Director.
Resolution No.
Page Two
On motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this
day of , 1988.
MAYOR RON DUNIN
ATTEST:
PAMELA VOGES CITY CLERK
Approved-
City A inistrative Officer
City for y
Finance Director
_ /9.7/1O/1i4
Public Works Director
sewerres/dfr#10
LEASE AGREEMENT - WASTEWATER TREATMENT PLANT PASTURE
This lease, made and executed this day of 1988,
is by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,
hereinafter referred to as "City" , and
hereinafter referred to as "Lessee" ;
WITNESSETH:
The City hereby leases to Lessee, for grazing purposes only and on the
following terms and conditions:
1 . The lease shall be for four (4) years, commencing on June 1 , 1988,
and terminating on May 31 , 1992. Approximately 27.00 acres will be
available.
2. The rental shall be
per acre per month, payable in advance the first of every month,
commencing with June 1 , 1988, providing that City may, from time-to-time,
withdraw all or any portion of the fields by giving thirty (30) days
notice to Lessee. The rental payment shall be based on the acres
available each month during the term thereof.
3. The premises leased are located in the City of San Luis Obispo,
County of San Luis Obispo, State of California, adjacent to the City's
wastewater treatment plant, as shown on the attached map marked Exhibit
"A" and incorporated herein by reference.
4. Lessee agrees to place the effluent generated by said plant on the
fields in accordance with directions given by the City and further
understands that the City reserves the right, without notice to Lessee, to
discharge water from its wastewater treatment plant or sewage from its
sewer system upon said land at any time, which water or sewage may or may
not be
EXHIBIT "A" C _�
chlorinated. Water shall not be allowed to stand or pond and must be kept
from adjoining property at all times. Particular care must be exercised
to avoid standing water or excessive irrigation. The following specific
conditions must be met unless advance permission is given from City:
A. Irrigation shall be between the hours of 7:00 AM and 6:00 PM,
daytime ONLY. (This allows Plant. staff to monitor the irrigation
and its impact on flows and effluent quality. )
B. The 24" irrigation gate-valve shall not be shut down to the fully
closed position. The valve must be left open at least 2" in order
to continue passing water flow into the effluent treatment system.
C. Irrigation valve wheel shall be securely locked at all times.
D. At least 8 irrigation risers shall be left open during the
irrigation process. (This prevents damaging water pressure
buildup in the 24" effluent line. )
E. The pasture is divided into a series of irrigation levees, each
with its own irrigation riser. When the irrigation water reaches
the end of a levee, the appropriate riser shall be secured for
that levee. The water shall not be allowed to continue to flood
that levee. (This minimizes effluent contamination from polluted,
pasture runoff. )
5• Lessee hereby waives all claims against City for damaged goods and
animals in or about said premises and for injury to Lessee, his agents, or
third persons in or -about said premises from any cause arising at any
time, and Lessee holds City free and harmless from any damages or injuries
to any person or property arising from the use of the premises by Lessee.
In the event of any claim or lawsuit. Lessee agrees to provide a legal
defense and pay all costs thereof for City.
Lessee shall obtain and keep current a liability insurance policy with
not less than $50,000 property damage coverage for each person on account
of any one occurrence, and personal injury coverage of not less than
$100,000 for each person and $300,000 for each occurrence, with thirty
(30) days notice to the City for cancellation or modification of
insurance.
6. Lessee agrees to use good grazing practices and to move his or her
animals to designated portions of the premises if requested to do so by
the City and understands that the City shall have the right to limit the
number of animals on the pastures.
7. Lessee agrees to eradicate and control weeds on the land before
they go to seed, especially spiny-clot burr, thistles, hemlock, or any
other type of plant that extends above the normal growth of pasture. In
:.the event Lessee fails to remove said weeds, then upon ten ( 10) days
written notice by the Director of Public Works, City may remove the weeds
by contract or with City forces, and Lessee shall pay all costs thereof
within thirty (30) days after receiving notice of such cost from the City.
8. Lessee agrees to construct and maintain fences and gates at such
locations as are designated by the City, with material provided by City.
In the event Lessee desires to erect additional fences, then upon approval
of the Director of Public Works, Lessee, at Lessee's sole expense, may
install such approved additional fences. All fences shall be of a size
and constructed and maintained in such a manner that no animals belonging
to Lessee are able to escape. Upon termination of this lease, the Lessee
shall remove said fences if required by the City.
9. Lessee agrees to repair and maintain all pasture berms, effluent
lines, risers, lids, stems and other such appurtenances as directed by the
City.
10. Lessee agrees to repair , install and maintain adequate water
lines, shutoff valves to the water troughs and to construct and maintain a
corral large enough to dry feed the animals during the rainy season,
subject to the approval of the Director of Public Works.
11 . Lessee's use of roads and wastewater treatment plant area is
subject at all times to the prior approval of the Director of Public
Works.
12. Lessee shall not sublease the premises or any part thereof without
prior written approval of the City Council. Usage of the land by more
than one species of animal at a time must be approved by the Director of
Public Works.
13. Lessee shall provide the Director of Public Works with a telephone
number for contact at all times in the event of any emergency, including
:without limitation, broken fences or berms, ponding, trespassers, unfed
cattle and overflowing water troughs.
14. This lease may be terminated and cancelled by the City if the City
Council, at its sole discretion, determines that such termination is in
the best interest of City. Said termination shall be effective thirty
(30) days after such determination, with written notice to Lessee, and
Lessee shall not be entitled to damages or other reimbursement as a result
of such termination.
15. Written notice under this agreement may be given by either party
to the other, and shall be effective upon the deposit in the U.S. Mail of
certified or registered letter addressed to the other party at the address
below:
City: City Clerk
City Hall
990 Palm Street
P. 0. Box 8100
San Luis Obispo, CA 93403-8100
Lessee:
IN WITNESS WHEREOF, the parties hereto execute this lease in duplicate,
on the date first written above.
LESSEE:
by
by
LESSOR: City of San Luis Obispo
ATTEST:
CITY CLERK
APPROVED:
City A inistrative Officer
City A torney
finance Director
„
Public Works Director
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