team to calculate total disturbance area, including fill volumes, to provide all required information in the application package. A completed application package will be provided for your review prior to submittal to the Corps.
Upon receipt of the Corps 404 permit, we will review the document on your behalf to identify any problematic or unexpected mitigation requirements about which we may wish to negotiate prior to acceptance. In addition, the project will need to comply with Section 106 the National Historic Preservation Act of 1966, and as such, a cultural resources report will be required as part of the permit application package. We presume the cultural resources report prepared for the project will be sufficient for permit acquisition.
Task 3 – Clean Water Act Section 401 Water Quality Certification. This task involves preparation of a Clean Water Act Section 401 Permit (Water Quality Certification) application. Any project that may result in fill or physical changes to Waters of the U.S. and State of California is required to be reviewed and approved by the RWQCB. We will prepare the 401 Water Quality Certification application package and supporting graphics. Once complete, we will provide you with a draft application package for review. We will calculate the anticipated RWQCB fee, and assume that you will pay the application fee directly to the RWQCB upon application submittal. The RWQCB now requires a pre-application meeting prior to submitting the required documentation, and we will coordinate with the RWQCB as required.
Once the application package is submitted, we will work with you as needed to track progress of the permit approval. Please note that the RWQCB is a state agency and will need proof that the CEQA process has been completed prior to permit issuance. Upon receipt of the 401 permit, we will review the document on your behalf to identify any problematic or unexpected mitigation requirements about which you may wish to negotiate with the agency.
Task 4 – CDFW Streambed Alteration Agreement (SAA). Impacts to the stream to construct the road improvements will require the issuance of a SAA pursuant to California Fish and Game Code Section 1602. We will prepare the CDFW SAA application and all supporting documentation, and upload it to their online portal. We will review the material with you prior to the final submittal.
Once all the required information is uploaded to the Environmental Permit Information Management System portal, you will be required to log in, apply signatures, and pay the application fee directly to CDFW as part of the final submittal.
We will remain available to help you track the progress of application review, and be available to answer questions or provide additional information as needed. The CDFW will also require proof that the CEQA process has been completed. Upon receipt of the draft SAA, we will review the document on your behalf to identify any problematic or unexpected mitigation requirements about which you may wish to negotiate with the CDFW prior to acceptance.
COST ESTIMATE
We propose to complete the above scope of work on a time and materials reimbursement basis against an estimated budget of $21,940. Please refer to the attached cost estimate spreadsheet for further detail. All work will be completed in accordance with the attached professional services agreement, and envision signing the City’s contract as your authorization to proceed. Additional 150 of 161
Ms. Cara Miralles
Environmental Permitting Proposal
Willemsen Property Road Improvements Project
team meetings and other tasks not included in the above tasks would be completed as requested on a time and materials basis consistent with our standard fee schedule. We are prepared to commence work on this project immediately following execution of the City’s contract and your written authorization to proceed.
Thank you for the opportunity to continue providing biological consulting services for your project.
If you have any questions regarding this proposal, please call or email me.
Sincerely,
KEVIN MERK ASSOCIATES, LLC
Kevin B. Merk
Principal Biologist
Attachments: Cost Estimate Spreadsheet
Professional Services Agreement
151 of 161
Task Cost Hours Principal
Biologist
Senior
Biologist GIS/Graphics Admin Assist
$180/hr $160/hr $130/hr $90/hr
Wetland Delineation Field Work and Report COMPLETE 0
Task 1 - Compensatory Mitigation and Monitoring Plan $6,060 38 8 24 6 Task 2 - NWP Application Package $4,890 31 6 20 4 1
Task 3 - RWQCB Application Package $5,530 35 6 24 4 1
Task 4 - CDFW Application Package $5,210 33 6 22 4 1
Expenses $250
Total Budget Estimate* $21,940 137 26 90 18 3
KMA
Kevin Merk Associates, LLC
Cost Estimate - Environmental Permitting for the Willemsen Road Project, Buellton, CA 152 of 161
KMA
Kevin Merk Associates, LLC
Environmental Consulting Services
GENERAL CONTRACT FOR PROFESSIONAL BIOLOGICAL SERVICES
Kevin Merk Associates, LLC is pleased to offer this contract for professional services. This Agreement for Consulting Services (“AGREEMENT”) is made and entered into in the County of San Luis Obispo, State of California, this 17th day of March 2026, by and between the City of Buellton (“CLIENT”) and Kevin Merk Associates, LLC (“KMA”). The following sections describe the terms and conditions under which our services will be provided. KMA, LLC is founded on the goal of developing relationships with our clients where client/consultant responsibilities are well understood. We have found that this understanding in concert with good communication are crucial components to successful project execution. We welcome the opportunity to work with you and would be pleased to discuss any of the terms outlined below.
1.0 SCOPE OF SERVICES
The scope of services, hereinafter referred to as SERVICES, covered by this AGREEMENT is specified in our proposal dated March 17, 2026, which is herein incorporated into this AGREEMENT.
2.0 RISKS AND RESPONSIBILITIES
The client understands that there are risks and responsibilities that the CLIENT will maintain during the execution of the project by KMA. These risks include:
2.1 Right of Entry
Unless otherwise agreed, CLIENT will furnish right of entry and obtain the permits necessary for KMA to conduct its field work.
2.2 Damage to Property
KMA will take reasonable precautions to minimize the damage to land or other property caused by the execution of the field work. The cost to repair any damage is not included in the fee for this project. If the CLIENT wishes that the damages be repaired or that we pay for the damages, we will undertake the repairs and add the cost plus administrative charges to our fee for the project.
2.3 Underground Utilities and Pipelines
Professional biological services may involve the excavation of burrows, the setting of pit fall traps, and the digging of soil test pits. Such excavations generally will not exceed two feet in depth and typically is not a concern with respect to buried utilities. Nonetheless, during the course of our field work, we will take precautions to avoid damaging subterranean or subaqueous structures, utilities, or pipelines where such information has been provided to us by the CLIENT. It is the responsibility of the CLIENT to mark the presence of subterranean structures, pipelines, or utilities prior to us performing any excavations. CLIENT agrees to hold KMA and its officers, agents, employees, and subcontractors harmless for any damage to such structures, pipelines, or utilities that are not called to our attention and accurately identified to us prior to the commencement of field work. 153 of 161
KMA
Permitting for Willemsen Property Road Improvements
3.0 LIABILITY
KMA’s liability to CLIENT for damages or injury to property or persons arising out of work performed for CLIENT and for which legal liability may be found to rest upon us, will be limited to the available proceeds of KMA’s general liability insurance coverage.
4.0 WARRANTY, LIMITATIONS, ASSUMPTIONS AND USER RELIANCE In performing the requested work scope, KMA will strive to conduct such work in a manner consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing under similar conditions and in the same locality. Biological investigations are strictly limited by the scope of work performed under Article 1.0. No other warranty, either expressed or implied, is made or intended by our proposal, contract, reports, or any other oral or written communication.
CLIENT acknowledges that conditions on a site may vary across the site and over the course of time and seasonal variations. Our interpretations and recommendations are based solely on data collected at specific locations on a site and at the time collected. Field data collected may not be fully representative of site conditions. KMA does not guarantee the accuracy of possible or probable costs associated with planning or environmental services or regulatory compliance that may be estimated. Such estimated costs are only KMA’s judgment as a professional services provider and, if furnished, are to be used only for CLIENT’s general guidance.
Professional Biological Services are prepared for use solely and exclusively by the CLIENT. The CLIENT may use assessments prepared under such services to provide information to satisfy regulatory agency requirements. No other use or disclosure is intended or authorized by KMA, nor shall this information be relied upon or transferred to any other party without the express written consent of Kevin Merk Associates. CLIENT agrees to hold KMA harmless for any inverse condemnation or devaluation of said property that may result if KMA’s report or information generated during our performance of services is used for other purposes. Also, this information is issued with the understanding that it is to be used only in its entirety.
5.0 INVOICES AND PAYMENT
Payment for all services is due and payable on completion of services rendered. Payment is due upon receipt of the invoice or as otherwise specified in the proposal for this project. The invoice is considered past due if not paid within 30 calendar days from the date of issuance. If the CLIENT objects to all or any portion of the invoice, the CLIENT shall so notify KMA within 10 calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice, if any, not in dispute. CLIENT agrees to pay a service fee of 1.5 percent per month (or the maximum allowable by law, whichever is greater), on past due accounts, with the exception of any portion of the invoiced amount in dispute and resolved in favor of the CLIENT. If CLIENT fails to pay undisputed invoiced amounts within 10 calendar days from the invoice due date, KMA may then and at any time, without waiving any claims or incurring any liability, suspend this agreement. All claims, disputes or controversies arising out of, or in connection with the interpretation, application, or enforcement of this agreement shall be decided by arbitration in accordance with the then most current rules of the American Arbitration Association. Any attorney's fees or other costs incurred on collecting any delinquent amount shall be paid by the CLIENT. 154 of 161
KMA
Permitting for Willemsen Property Road Improvements
6.0 DATA, SAMPLES, AND RECORDS
All samples collected will be done so in compliance with scientific collecting permits and/or other required permits where necessary. Samples collected and used in laboratory work will be discarded within 15 days following submittal of our report unless CLIENT advises us otherwise. Upon written request, we will deliver the samples in accordance with CLIENT's instructions, or we will store the samples for an agreed charge. All pertinent records relating to services performed shall be retained for two years after completion of the work. CLIENT shall have access to the records at all reasonable times during this period.
7.0 INDEMNIFICATION
CLIENT shall defend, indemnify, and hold harmless KMA and its owner and affiliates from and against any and all suits, legal or administrative proceedings, claims, demands, actual damages, fines, punitive damages, losses, costs, liabilities, interest, and attorneys' fees (including any such fees and expenses incurred in enforcing this indemnity) which, irrespective of KMA's negligence: (a) exceed the limitation of KMA's liability provided for in Article 3 of this contract, or (b) result from, arise out of, or are in any way connected with (1) acts or omissions of CLIENT's employees, agents, and subcontractors, and their employees or agents; (2) the release of any hazardous substance; or (3) any other generation, treatment, or transport of waste material.
8.0 TERMINATION
This AGREEMENT may be terminated by either party seven days after written notice in the event of any breach of any provision of this AGREEMENT; in the event of substantial failure of performance by either party; or if CLIENT suspends the SERVICES for more than three months. In the event of termination, CONSULTANT will be paid for SERVICES performed prior to the date of termination plus reasonable termination expenses including, but not limited to, the cost of completing analyses, records, and reports necessary to document job status at the time of termination.
Authorization:
Client: KEVIN MERK ASSOCIATES, LLC
Signature Signature
Name/Title Name/Title
Date Date
155 of 161
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 14
To: The Honorable Mayor and City Council
From: Andrea Keefer, Planning Director
Meeting Date: March 26, 2026
Subject: Discussion on Potential Relocation of Portion of Pea Soup Andersen’s Building to Avenue of Flags Median 3
______________________________________________________________________________
BACKGROUND
A Demolition Permit application has been submitted by the property owner of the former Pea Soup Andersen’s Building located at 376 Avenue of Flags. This property is designated as a local historic landmark pursuant to City Council Resolution No. 20-22. Under that ordinance, it is required that the loss of the local historic resource is mitigated prior to demolition of the structure. The decision regarding how to appropriately mitigate this loss is for the City Council to consider.
The City is still awaiting the results of a historical resources report that will identify the significant aspects of the building as well as potential mitigation for the loss of any of those aspects. One method of mitigation could include the relocation of a portion of the Pea Soup Andersen’s Building that would likely be considered historic to Median 3 on the Avenue of Flags. The applicant has proposed concept plans to relocate this portion of the building to Median 3 (Attachment 1).
The question Staff is posing to the City Council is:
Does the City Council desire to allow the relocation of the portion of the Pea Soup Andersen’s building (as shown in Attachment 1) on Median 3 of the Avenue of Flags? Ultimately, the answer to the above question will inform a larger mitigation effort related to the overall loss of the Pea Soup Andersen’s building. Staff plans to bring back a full list of potential mitigation strategies at a future meeting, once the historical report has been completed. The City Council’s decision on this question also does not raise a need for analysis under the California Environmental Quality Act (CEQA) because the City will be undertaking the required CEQA analysis as part of the larger mitigation effort. 156 of 161
Median 3 – Pea Soup Andersen’s Building (Portion) Page 2 March 26, 2026 However, at this time, it is important to determine whether the City Council is interested in relocating a portion of the building to Median 3, as
Staff and consultants are currently developing concept design plans for the entirety of Median 3. In order to move forward with a complete concept design set, a determination needs to be made regarding the desire of the City Council to relocate a portion of this building to Median 3.
FISCAL IMPACT
There is no direct fiscal impact associated with this item. However, delay of a decision on this matter may result in larger than anticipated consultant costs associated with the design of Median 3 improvements.
RECOMMENDATION
That the City Council discuss and provide direction to staff regarding the following question:
Does the City Council desire to allow the relocation of the portion of the Pea Soup Andersen’s Building (as shown in Attachment 1) on Median 3 of the Avenue of Flags?
ATTACHMENTS
Attachment 1 – Concept Relocation Plans
157 of 161
proposed location
for historical blg
components existing location of historical
building components N 376 Ave of Flags Building component proposed relocation Buellton, CA 376 Avenue of Flags (proposed relocation plan) scale: n.t.s.
A1
158 of 161
376 Ave of Flags
Proposed Partial Site Plan
Buellton, CA
Avenue of Flags (proposed partial site plan) A2
Proposed
First Floor
Footprint Proposed sidewalk
Proposed
Entry
Sunken
Courtyard
landscape
area Avenue of Flags Avenue of Flags edge above of porte cochere
N
scale: 1/8" = 1'-0"
159 of 161
Proposed West Elevation Proposed South Elevation existing porte cochere - beyond
recessed shadow-box for
signage/ memorabilia scale: 1/8" = 1'-0" scale: 1/8" = 1'-0" comp or cementitious
shingle roofing to replicate
period roofing
existing west facade at second story only
proposed stone veneer
base (elevation varies as
f.f. of blg set approx 2'
above natural grade at
n.w. corner of building)
proposed stone veneer
base (elevation varies as
f.f. of blg set approx 2'
above natural grade at
n.w. corner of building)
existing South facade at second story only
compliment existing
stucco finish existing stucco finish
- repair cracks as
needed
existing porte cochere
Notes:
1. base of porte cochere is approximately 36" - 42" below the f.f. of the building. The building will be set approx. 18" above the finish grade and the porte cochere will set approximately 18" - 24" below the natural grade at the proposed site.
2. There are only two elevations and the porte cochere deemed to be of historical significance. The remaining elevations are designed to be complimentary.
3. The stone base around the building represents the approximate grade the building is above the natural grade. 376 Ave of Flags Proposed South and West Elevations Buellton, CA Avenue of Flags (proposed South and West elevations) A3 scale: 1/8" = 1'-0" 33'-0" 33'-0"
4. 1,775 square feet of 2nd floor is proposed for relocation. 160 of 161
376 Ave of Flags
Proposed North and East Elevations
Buellton, CA
Avenue of Flags (proposed North and East elevations) A4 Proposed East Elevation Proposed North Elevation existing porte cochere recessed shadow-box for
signage/ memorabilia
scale: 1/8" = 1'-0" scale: 1/8" = 1'-0"
comp or cementitious
shingle roofing to replicate
period roofing
proposed stone veneer
base (elevation varies as
f.f. of blg set approx 2'
above natural grade at
n.w. corner of building)
proposed stone veneer
base (elevation varies as
f.f. of blg set approx 2'
above natural grade at
n.w. corner of building) scale: 1/8" = 1'-0" 33'-0" 33'-0" 161 of 161