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RESOLUTION NO.3 4.9 (1998 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO
ACCEPTING A NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND
ANNUAL TAX INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO
AND THE CITY OF SAN LUIS OBISPO FOR THE BOLDUAN ANNEXATION
AT 2246 FLORA STREET (SLO COUNTY ANNEXATION #51)
WHEREAS, in the case of a jurisdictional change other than a city incorporation or
district formation which will alter the service area or responsibility of a local agency, Revenue
and.Taxation Code Section 99(a)(1) requires that the amount of property tax revenue to be
exchanged, if any, and the amount of annual tax increment to be exchanged among the affected
local agencies shall be determined by negotiation; and
WHEREAS, when a city is involved, the negotiations are conducted between the City
Council and the Board of Supervisors of the County; and
WHEREAS, when a special district is involved, the negotiations are conducted by the
Board of Supervisors of the County on behalf of the district or districts, unless otherwise
requested by said district or districts pursuant to Revenue and Taxation Cod_ a Section 99(b)(5)
and
WHEREAS, Revenue and Taxation Code Section 99(b)(6) requires that each local
agency, upon completion of negotiations, adopt resolutions whereby said local agencies agree to
accept the negotiated exchange of property tax revenues, if any, and annual tax increment and
requires that each local agency transmit a copy of each such resolution to the Executive Officer
of the Local Agency Formation Commission; and
WHEREAS, no later than the date on which the certificate of completion of the
jurisdictional change is recorded with the County Recorder, the Executive Officer shall notify the
County Auditor of the exchange of property tax revenues by transmitting a copy of said
resolution to him and the County Auditor shall thereafter make the appropriate adjustments as
required by law; and
WHEREAS, the negotiations have taken place concerning the transfer of property tax
revenues and annual tax increment. between the County of San Luis Obispo and the City of San
Luis Obispo pursuant to Section 99(a)(1) for the jurisdictional change designated as Annexation
No. 51 to the City of San Luis Obispo (Bolduan Annexation); and
WHEREAS; the negotiating parties, to wit: Lee Williams, deputy County Administrator,
County of San Luis Obispo, and Ken Hampian, Assistant City Administrative Officer, have
negotiated the exchange of property tax revenue and annual tax increment between such entities
as hereinafter set forth; and
WHEREAS, it is in the public interest that such negotiated exchange of property tax
revenues and annual tax increment be consummated.
K -8849 _-
8849
Resolution No. (1998 Series)
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo, as follows:
1, That the recitals set forth above are true, correct, and valid.
2. That the City of San Luis Obispo agrees to accept the following negotiated
exchange of base property tax.revenues and annual tax increment:
(a) No base property tax.revenue shall be transferred from the County of San
Luis Obispo to the City of San Luis Obispo.
(b) No annual tax increment shall be transferred from the County of San Luis
Obispo to the City of San Luis Obispo in the fiscal year 1999 -2000 and each fiscal year
thereafter.
(c) After the City portion is transferred, all annual tax increment for the
County Road Fund shall be transferred to the County General Fund.
3. Upon receipt of a certified copy of this resolution and a copy of the recorded
certificate of completion, the County Auditor shall make the appropriate adjustments to property
tax revenues and annual tax increments as set forth above.
4. That the City Clerk is authorized and directed to transmit a certified copy of the
resolution to the Executive Officer of the San Luis Obispo Local Agency Formation
Commission, who shall then distribute copies in the manner prescribed by law.
On motion of Williams seconded by . Romero and on
the following roll call vote:
AYES: Council Members Williams, Romero, Roalman, Schwartz and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 15thday ofagatember , 1998.
Mayor Allen Settle
8849 �.
Resolution No. (19981..—.ies)
Page 3
APPROVED:
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CityAttorney
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RESOLUTION NO. $841998 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 1750 (Unit 5)
WHEREAS, the City Council made certain findings concerning Tract 1750 as contained
in Resolution No. 6874 (1990 Series), and
WHEREAS, Conditions 2 and 37 of said Resolution No. 6874 (1990 Series) require the
developer to secure access and improvement rights to construct bikeway improvements within
the existing railroad Right of Way and culvert, which was denied by the prior owner (Southern
Pacific Transportation Co.), and
WHEREAS, all other conditions required per Resolution No. 6874 (1990 Series) for Unit
5 of said Tract No. 1750 have been satisfactorily met or are guaranteed under the attached
Subdivision Agreement (Exhibit A) and surety to guarantee the Faithful Performance ($ 757,200)
and payment for Labor & Materials ($ 368,600).
NOW THEREFORE BE IT RESOLVED that final map approval is hereby granted for
Tract No. 1750 (Unit 5) and the Mayor is authorized to: 1) execute the Subdivision Agreement,
2) accept the grant deeds for Lot 58 (Creekway) in fee title and for the open space easement over
Lot 60, on behalf of the City, 3) execute the Common Driveway Agreement affecting Lots 13, 14
and 15 which is to be recorded concurrently with the final map.
The subdivider shall initiate acquisition of the above- referenced rights from Union
Pacific Railroad Company (UPRR) to install, and the City to maintain upon acceptance of the
work, the required bike path improvements within the UPRR Right of Way and culvert. These
rights shall be acquired prior to acceptance of the subject tract improvements and/or prior to final
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Resolution No. 8848 (1998 Series)
Page Two
map approval for Unit 6 of Tract 1750. If the subdivider fails to acquire said rights and submits
satisfactory evidence of due diligence in this regard, to the satisfaction of the City Attorney, the
City Attorney is authorized to pursue eminent domain proceedings against the UPRR, pursuant
to Section 66462.5 of the California Government Code (Subdivision Map Act), at subdivider's
cost.
Council Member Williams Vice Mayor Romero
On motion of ,seconded by and
on the following roll call vote:
AYES: Council Members Williams, Romero, Roalman, Schwartz and Mayor Settle
NOES: None
ABSENT: None
the foregoing Resolution was passed and ado ted this. 15th da of September 1998.
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Lee Price; City Clerk
APPROVED AS TO FORM:
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/1!,1'0'ATTjRNEjJef'rLrV G. Jorgensen
I: \Council Agenda Reports\Final map approval resolution - Tract 1750 (U5)
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SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this 1— day of �er�g by and between The
Arbors -San Luis Obispo, L.P., A California Limited Partnership, herein referred to as
"Subdivider, "and the CITY OF SAN LUIS OBISPO, herein referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in
the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of
which is shown on the Final Map of Tract 1750, Unit 5, City of San Luis Obispo, California, as
approved by the City Council an the 15 day of _September ,19 98.
The Subdivider desires that said Tract No. 1750, Unit 5, be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17 of the .
San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to install the improvements
as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree to construct and
install the following subdivision improvements in accordance with said subdivision regulations,
and in accordance with approved plans and specifications on file in the office of the City
Engineer, City of San Luis Obispo, to wit:
1_
2.
3.
4.
CURB, GUTTERS AND SIDEWALKS
STREET BASE AND SURFACING
WATER MAINS and SEWER MAINS, including sewer laterals to the property line and
water services to the curb stop.
DRAINAGE STRUCTURES
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5. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION; In addition to the inspection
and approval of such facilities by the City, each public utility shall be required to file a
letter stating that the developer has properly installed all facilities to be provided by him,
and that the said utility is prepared to provide service to residents upon request_
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations.
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by said City Engineer.
The lines and grades for all of said improvements shall be established by the Subdivider
in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall begin
within thirty (30) days from the date of recording of the final map, and that the work shall be
completed within eighteen (18) months of said recording date, unless an extension has been
granted by the City, provided that if completion of said work is delayed by acts of God or labor
disputes resulting in strike action, the Subdivider shall have an additional period of time
equivalent to such period of delay in which to complete such work. Any extension of time
hereunder shall not operate to release the surety on the Improvement Security filed pursuant to
this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil
Code of the State of California.
No building permits will be issued nor occupancy granted after the expiration date of the
agreement until completion and acceptance of all public improvements unless specifically
approved by the City.
The Subdivider does also agree to comply with the conditions established by the Planning
Commission and/or the City Council and has paid the necessary fees as indicated on the
attached Exhibits 1 and 2.
2
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The restoration of lost section comers and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the Professional
Land Surveyors Act, Chapter 15 of the Business and Professions Code of the State of California.
The Subdivider has submitted an instrument of credit or bond approved by. and in favor
of the City of San Luis Obispo, as security for the performance of this agreement, and
conditional upon the faithful performance of this agreement. Said instrument of credit or bond
shall be in the total amount of $ 757,200.00, which is the amount of the estimated cost of said
improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty
workmanship or materials or defective construction of said improvements occurring within twelve
(12) months after acceptance thereof. In accordance with Sections 66499.7 and 66499.9 of the
Government Code of the State of California, upon final completion and acceptance of the work,
City will release all but 10% of the improvement security, that amount being deemed sufficientto
guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the
improvements arising within a period of one year following the completion and acceptance
thereof.
Completion of the work shall be deemed to have occurred on the date which the City
Council shall, by resolution duly passed and adopted, accept said improvements according to
said plans and specifications, and any approved modifications thereto. Neither periodic nor
progress inspections or approvals shall bind the City to accept said improvements or waive any.
defects in the same or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed time, the Subdivider
agrees that City may, at its option, declare the instrument of credit or bond which has been
posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to
complete.said improvements, or City may complete said improvements and recover the full cost
3
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and expense thereof from the Subdivider or his surety.
The Subdivider agrees to deposit with the City a labor and materials bond in the amount
of 50% of the above described subdivision improvements in accordance with State law.
Said Subdivider has paid an inspection fee of $19,495.00, for City to inspect installation of
said subdivision improvements, and verify that they have been completed in accordance with the
plans and specifications.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision,' all plans and
specifications on file with said City Engineer as a part of said Subdivision Map, and all other
documents filed with the City by the Subdivider and approved by the City Engineer are hereby
referred to for further particulars in interpreting and defining the obligations of the Subdivider
under this agreement.
It is understood and agreed by and between the Subdivider and the City hereto that this
agreement shall bind the heirs, executors, administrators, successors and assigns of the
respective Parties to this agreement.
It is agreed that the Subdivider will fumish copies of the successful bidder's contract unit
prices and total bid prices for all of the improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by
SUBDIVIDER
The Arbors -San Luis Obispo, L.P.,
a California Limited Partnership,
By: HHP /MS #4 GP, LLC, a California
Liability Company, General Partner
By: Hearthstone Advisors, Inc., a
C d rnia Corporation, Manager
Richard O. mer, Chairman
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CITY OF SAN L OBISPO
MAYOR AfWk Settle
Lee Price;-C.M.C.
City Clerk
APPROVED AS TE
G.Jorgensen
APP OVED Ag TO CONTENT:
CITY ENGINEER
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RESOLUTION NO. 8847 (1998 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA
DEPARTMENT OF FISH AND GAME FOR THE PROJECT KNOWN AS
UPPER PREFUMO CREEK FISH BARRIER REMOVAL
WHEREAS, the California Department of Fish and Game ( "Department ") has
requested proposals for fishery restoration work throughout the State of California,
WHEREAS, the Department has stated in its request for proposals that projects
intended to particularly benefit salmonid resources of the State will receive highest priority
for funding; and
WHEREAS, The City of San Luis Obispo maintains a strong interest in the
potential for improvement of salmonid habitat within San Luis Obispo Creek and its
tributaries: and
WHEREAS, City staff have identified several projects on San Luis Obispo Creek
and its tributaries which could improve salmonid habitat on said streams.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo hereby:
1. Authorizes the filing of an application for .grant funds from the California Salmon
and Steelhead Trout Restoration Account; and
2. Appoints the City Administrative Officer as agent of the City to conduct all
negotiations, execute and submit all documents, including, but not limited to, applications,
agreements, amendments, payment requests and so on, which may be necessary for the
completion of the aforementioned project.
Approved and adopted this 15th day of September, 1998.
On motion of Williams , seconded by Romero and
on the following roll call vote:
AYES: Council Members Williams, Romero, Roalman, Schwartz and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 15th day of September , 1998.
U
Alle K. Settle, ayor
ATTEST-
Lee Price, City Clerk
R -RRG7
Resolution No. 0347 (`)8 Series) --
Page Two
APPROVED AS TO FORM:
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RESOLUTION NO. 8846
(1998 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING APPLICATION FOR GRANT FUNDS FOR THE LOCAL AGENCY
GRANT PROGRAM - FISCAL YEAR 1999 -2000 UNDER THE HABITAT
CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE
PROTECTION ACT OF 1990 FOR ACQUISITION OF THE MORGANTI PROPERTY
WHEREAS, the People of the State of California have enacted the California Wildlife
Protection Act of 1990, which provides funds to the State of California for grants to local
agencies to acquire and/or develop facilities for public recreational fish and wildlife habitat
protection purposes; and
WHEREAS, the State Department of Parks and Recreation has been delegated the
responsibility for the administration of a portion of the program within the state, setting up
necessary procedures governing application by local agencies under the program; and
WHEREAS, said procedures established by the State Department of Parks and
Recreation require the applicant to certify by resolution the approval of the application before
submission of said application to the State; and
WHEREAS, the applicant will enter into an agreement with the State of California for
acquisition or development of the project;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Luis Obispo hereby:
1. Authorizes the filing of an application for the Habitat Conservation Fund Grant Program
under the California Wildlife Protection Act of 1990 state grant assistance for the Morganti
property acquisition project for purposes of habitat protection and enhancement; and
2. Certifies that said applicant understands the assurances and certification in the application
form; and
3. Certifies that said applicant has or will have available prior to commencement of any
work on the project included in this application, the required match and will.have sufficient funds
to operate and maintain the project, and
4. Appoints the City Administrative Officer as agent of the City to conduct all negotiations,
execute and submit all documents, including, but not limited to, applications, agreements,
amendments, payment requests and so on, which may be necessary for the completion of the
aforementioned project.
D -00 /l
Resolution No. 8846 (1998 Series)
Page 2
On motion of Councilmember Williams , seconded by Councilmember Romero
and on the following roll call vote:
AYES: Council Members Williams, Romero, Roalman, Schwartz and Mayor Settle
NOES: None
ABSENT: None.
The foregoing resolution was adopted this 15th day of September , 1998.
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Allen K. Settle, Mayo
Lee Price, City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 8845 (1998 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL
ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE
STREETS AND HIGHWAYS CODE FOR THE PROJECT KNOWN AS
HASTINGS / SHEFFER PROPERTIES ACQUISITION
WHEREAS, the Legislature of the State of California has enacted AB 147 (Chapter
106 of the Statutes of 1989), which is intended to provide $10 million annually for a period
of ten years for grant funds to local, State, and Federal agencies and nonprofit entities for
projects to enhance and mitigate the environmental impacts of modified or new public
transportation facilities; and
WHEREAS, the Resources Agency has established the procedures and criteria for
reviewing grant proposals and is required to submit to the California Transportation
Commission a list of recommended projects from which the grant recipients will be
selected; and
WHEREAS, said procedures and criteria established by the Resources Agency
require a resolution certifying the approval of application by the applicant's governing
body before submission of said application to the State, and
WHEREAS, the application contains assurances that the applicant must comply
with; and
WHEREAS, the applicant, if selected., will enter into an agreement with the State of
California for acquisition or development of the project,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo hereby:
1. Authorizes the filing of an application for the Environmental Enhancement and
Mitigation Program for grant assistance for the project known as Hastings /Sheffer
properties acquisition; and
2. Certifies that said applicant will make adequate provision for operation and
maintenance of the project; and
3. Appoints the City Administrative Officer as agent of the City to conduct all
negotiations, execute and submit all documents, including, but not limited to, applications,
agreements, amendments, payment requests and so on, which may be necessary for the
completion of the aforementioned project.
Approved and adopted this 15th day of September 1998.
On motion of Williams______, seconded by Romero and
on the following roll call vote:
AYES: Council Members Williams„ Romero, Roalman, Schwartz and Mayor Settle
NOES: None
ABSENT: None
R -8845
Resolution No. 8845"--,,1998 Series)
Page Two
The foregoing resolution was adopted this
Allen K. Settl , Mayor
APPROVED AS TO FORM:
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CyAttorney
15th day of September 1998.
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