HomeMy WebLinkAbout9140-9149RESOLUTION NO. 9149 (2001 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL ACCEPTING A
NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND ANNUAL TAX
INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY,
FOR THE AERO VISTA ANNEXATION AT 4451 BROAD STREET
(ANNX 80-99)
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 Code 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 the County Auditor, 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 the Aero
Vista. Annexation to the City of San Luis Obispo (ANNX 80 -99); and .
WHEREAS, the negotiating parties, to wit: Jim Grant, County of San Luis Obispo, and
Linda Asprion, City of San Luis Obispo, 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.
R 9149
Resolution No. 9149 (20(h 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.
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, if any, 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 this
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 Council Member Schwartz, seconded by Council Member Marx and on the
following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and ad his th day of Feb 2001.
Mayor Allen ettle
ATTEST:
U _ Lee Price, ty Clerk
nscP4,City Attorney
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r Exhibit A ,
Resolution'No . §148
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this 13tj-1 day of renrtcar,4- 200 by and
between Goldenrod, LLC, a California Limited Liability Company 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 2289, City of San Luis Obispo,
California, as approved by the City Council on the 01 day of FeDruar �, 200f.
The Subdivider desires that said Tract No.2289 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. CURB, GUTTERS AND SIDEWALKS
2.. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
4. DRAINAGE STRUCTURES
Ci Exhibit A
Resolution no.99148
Pg. 2
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
Resolution No. 9148
Exhibit A
� Page 3
Planning Commission and/or the City Council and has paid the necessary fees as
indicated on the attached Exhibits 1 and 2.
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 attaches hereto, as an integral part hereof, and as security forthe
performance of this agreement, an instrument of credit or bond approved by and in favor
of the City of San Luis Obispo; and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the amount of $ 950,000.00 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 sufficient to 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
Resolution No. 9148
!;Exhibit A
Pg. 4
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 and expense thereof from the Subdivider or his
surety.
The Subdivider has deposited with the City: a labor and materials bond in the
amount of 50% of the above described subdivision improvements ($475,000) in
accordance with State law.
Said Subdivider has paid an inspection fee of:$59,333.00 for City to inspect the
installation of said subdivision improvements, and to 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 furnish copies of the successful bidder's contract
unit prices and total bid prices for all of the improvements herein referred to.
Resolution No. 9148
Exhibit A
Pg. 5
IN WITNESS WHEREOF; this agreement has been executed by:
CITY OF SAN LUIS O PO SUBDIVIDER
Goldenrod LLC
a California Limited Liability Company
MAYOft Allen . ettle
I'•
Lee Price
APPROVED AS -TO FORM:
P"RN7 J rey G. Jorgensen
APPROVED AS TO CONTENT
4;�"O TY PUBLIC Wb- S DIRECTOR
a California limited liabiijityoompany,
U
Robert ,p*ler, Yi'ce President
Date: /O' iL-
Resolution No. 9148
Exhibit A
Pg. 6
1RXHIBIT 1 <S /, 2e.i f " 7 Z)
TRACT 2289
SUBDIVISION AGREJ�
1. The Subdivider has deposited a monumentation guarantee in the
amount of-$4,500.00 to cover the installation of survey-monuments
in accordance with the approved map and payment for same. Said
guarantee will be released to the Subdivider upon receipt by the
City of a letter from the Engineer indicating that they have
completed the work and have been paid.
2. Park -in -lieu fees and sewer lift station fees have been paid,
as listed in the attached EXHIBIT 2.
3. Water and sewer impact fees shall be paid at time of building
permits through the Community Development Department per the fee
schedule in effect at that time.
4. Traffic impact fees shall be paid at time of building permits
through the Community Development Department per the fee schedule
in effect at that time
5. The Subdivider shall install landscaping and fencing in
detention and bike and pedestrian path areas (lots 50 and 51) per
the approved landscape and site plans and be responsible for the
establishment of the landscaping for one year after acceptance of
the subdivision improvements_ He shall also make provisions for
the Homeowners Association to maintain the landscaping in the
detention basins and bike path areas and the pedestrian bridge.
6. The detention basins on Lots 47 and 48 shall be owned and
maintained by the Homeowners Association in accordance with
condition 24 of Council Resolution No. 8957 (1999.Ser-ies) and
C.C. &R. annexation being recorded with the final map.
7. Lot 49 is being dedicated to the City in fee for creek and open
space purposes.: The subdivider is responsible for installation of
the culvert and erosion protection, maintenance and guarantee etc
per the plans and current edition of city standard specifications.
8. The subdivider shall inform home buyers of the need to preserve
turtles and avoid non- native plants per Mitigation Measures 6, 7
and 8 of Council Resolution No. 8957 (1999 Series). Information to
be given to the home buyers via a homeowners manual and included
in the public report with the C.C.& Rs.
9. The subdivider shall be responsible for all costs of right -of-
way acquisition including condemnation proceedings if necessary
for Fuller Road per Condition 1 of Council Resolution No. 8957
(1999 Series).
Reessol tion N0. 9148
�Opilg27 A
10. The subdivider is entitled to reimbursement for sewer and
water mains that serve non- participating properties in accordance
with city regulations.
11. The subdivider is entitled to reimbursement for Fuller Road
bridge per condition 2 and city regulations.
Resolution No. 9148
Exhibit A.
`-' Page 8
Bonds and Guarantees:
EXHIBIT 2
TRACT 2289
THE WILLOWS / GOLDENROD
FEE AND BOND LIST
AMOUNT FORM OF SURETY
Faithful Performance $950,000 Bond # 9 -TOA90
Labor & Materials
(50% of total cost
of improvements)
Monument Guarantee
Erosion Contingency
Fees:
Map Check Fee
Plan check Fee
$475, 000 Bond # 930880
$4,500 Bond # S,30M4z
$5,000 CD
$4,527
$14,539
Inspection Fee $59,333
($1422 +6.1% of $949,354)
Park -in -Lieu Fee $165,324
DATE RECEIVED
BY:
,ozoe O
2/11/2000
H.B.
12/7/99
H -B .
12/07/99
H.. B.
Paid $10,000 4/6/2000
$49,333 (Paid 6/29/00)
H.B.
6/29/00
H.B.
Sewer Lift Station Fee $2944.09 6/29/00
($131.55 X 3 X 7.46 Acres) H.B
Water and Sewer & Traffic Impact Fees
(Due in conjunction with Building Permits)
T2289 Subdivision Agreement
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RESOLUTION NO. 9148 (2001'SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 2289
WHEREAS, the City Council made certain findings concerning Tract 2889, as
described in Resolution No. 8957 (1999 Series), and
WHEREAS, the subdivider has submitted Letters of Credit in the amounts of $950,000
(Faithful Performance) and $475,000 (Labor & Materials) to guarantee installation of the required
subdivision improvements, per approved plans; and all fees have been received, as listed in the
attached subdivision agreement, marked "Exhibit A ", and
WHEREAS, the required offsite rights of way for the Blair/Wisberg parcels along the north
side of Fuller Road, as required per Con_ dition 1 of the aforesaid resolution, will be acquired either
via direct acquisition by the Developer or by negotiation and/or use of eminent domain by the City
Attorney, and
WHEREAS, the Santa Lucia Hills Homeowners Association has denied annexation of this
tract into that association, and a new association (The Willows at Islay Hills Owners Association)
has been formed, as provided for in Condition 21 of the aforesaid resolution, and
WHEREAS, all other conditions required per said Resolution No. 8957 (1999
Series) have been met or are otherwise guaranteed, and
WHEREAS, the subdivider has requested reimbursement for service connections to sewer
and water mains constructed in Fuller Rd. and for a share of the cost of the new bridge in Fuller Rd.
by any non - participating property owners; pursuant to City regulations.
NOW, THEREFORE, BE IT RESOLVED that the final map for Tract No. 2889 has
been found to be in substantial compliance with the vesting tentative map and final map approval
is hereby granted. The Mayor is hereby authorized to execute the subdivision agreement and accept
the deed for the creek lot (Lot 49).
If not successfully acquired by the Developer, the City Attorney is hereby directed to negotiate with
the owners of the offsite Fuller Road right -of -way parcels (Blair/Wisberg) to acquire said parcels
on behalf of the subdivider and/or shall commence eminent domain proceedings, in accordance
with Califomia Government Code Section 66462.5 and the attached "Exhibit A" if acquisition is
acquired under reasonable terms, at the discretion of the City Attorney.
The Public Works Director is authorized to approve a reimbursement agreement with the
subdivider, pursuant to tentative map Conditions 2, 11 and 12, as appropriate, subject to submittal
of a "Letter of Participation" by the subdivider and other supporting documents, in accordance with
City regulations.
R 9148
Resolution No. 9148 (20OP Series)
Page 2
On motion of Council Member Schwartz, seconded by Council Member Marx and on the
following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and. adopted this 6`h day of February 2001.
MAYOR A4iien . Settle
ATTEST:
CITYtLERk Lee Price
Approved as to Form:
T TT Y Je ey G. Jorgensen
RESOLUTION NO. 9147 (2001 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 2066
WHEREAS, the City Council made certain findings concerning Tract 2066, as
prescribed in Resolution No. 7031 (1991 Series), and
WHEREAS, the City Council approved the final map for Tract 2066 per
Resolution No.8009 (1992 Series), and
WHEREAS, the subdivider has satisfactorily completed the public improvements
for Tract 2066, in accordance with City standards, specifications and the subdivision
agreement, and has requested acceptance of the public improvements for maintenance
and operation by the City.
NOW, THEREFORE, BE IT RESOLVED the City Council hereby accepts the
public improvements for Tract No. 2066. The current Faithful Performance surety is
hereby reduced to $29,000, being ten percent of the total cost of the public improvements
to be held for one year from this date, in accordance with the subdivision agreement. The
Labor & Materials surety may be released at this rime, since the conditions of Section
66499.7 of the California Government Code have been met.
The Traffic Mitigation Fee letter of credit on file is hereby released, since the required
fees were paid with building permits fees.
On motion of Council Member Schwartz, seconded by Council Member Marx
and on the following roll call vote:
AYES: Council Members, Marx, Mulholland, Schwartz, Vice Mayor
Ewan, and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this
ATTEST:
, an City Clerk ee Price
Approved as to Form:
lty/mo/oy ffre G. Jorgensen
6th day of February 2001.
May Allen K. s&re
R 9147
c1)Jo L2� O O
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RESOLUTION NO. 9146 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DECLARING THE CITY OF SAN LUIS OBISPO'S INTENT TO FOLLOW THE
CLEAN DIESEL FUEL PATH AS OUTLINED IN CALIFORNIA AIR
RESOURCES BOARD (CARS) RESOLUTION 00-2
WHEREAS, the California Air Resources Board (CARB) is authorized to make
regulatory amendments to reduce emissions from mobile sources; and
WHEREAS, these amendments require the City of San Luis Obispo to meet
certain obligations in the purchase, maintenance and upgrading of public transit buses
used in revenue service; and
WHEREAS, it is required by the California Air Resources Board, in accordance
with the provisions of Title XIII of the California Code of Regulations, Sections 1956.1 —
1956.4 that the City select a compliance path and notify CARB of its intent to follow that
path; and
WHEREAS, staff recommends the adoption of the clean diesel compliance path
to meet the California Air Resources Board amended Public Transit Bus Fleet Rule;
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San
Luis Obispo, who operates SLO Transit:
1. Authorizes the City Administrator Officer to select the clean diesel
compliance path allowed under the CARB Public Transit Bus Fleet Rule; and
2. Authorizes the City Administrator Officer to execute and file a compliance
plan as required by the California Air Resources Board; and
3. Authorizes the City Administrator Officer to furnish such additional
information as the California Air Resources Board may require in connection with
submitted compliance plan; and
Upon motion of Council Member Schwartz, seconded by Council Member
Marx, and the following roll call vote:
AYES: Mayor Settle, Council Members Ewan, Marx, Mulholland,
Schwartz
NOES: None
ABSENT: None
R 9146
�r
Resolution No. 9146 ('iu01 Series)
Page 2
The foregoing resolution was adopted this 6th day of February, 2001.
ATTEST:
-Al /y f
j w Lee Price, QW.C. ✓�
U City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 9145 (2001 series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
SUPPORTING THE GOVERNOR OF CALIFORNIA'S REQUEST TO REDUCE
ENERGY CONSUMPTION AND THE CITY'S COMMITMENT TO ONGOING
ENERGY CONSERVATION
WHEREAS, California faces unprecedented energy challenges and severe
electricity supply shortages; and
WHEREAS, the importance of immediate energy conservation efforts cannot be
overstated; and
WHEREAS, Governor Gray Davis has asked all Californian's to reduce
electricity use by 7 %; and
WHEREAS, to demonstrate California's commitment to conserve electricity, the
Governor has directed state agencies to reduce electricity use in state facilities by 5 %, and
has asked cities to do the same; and
WHEREAS, the City of San Luis Obispo is committed to the efficient use of all
resources and ongoing energy conservation.
NOW, THEREFORE, BE IT RESOLVED that the City of San Luis Obispo has
taken actions to immediately reduce electricity by 5 %; is committed to reducing its
ongoing electricity use by 7 %; and urges its residents and businesses to also reduce
ongoing electricity use by 7 %.
Upon motion of Council Member Schwartz, seconded by Council Member
Mulholland; and on the following roll call vote:
AYES:
NOES:
ABSENT:
Council Members Marx, Mulholland, Schwartz,
and Mayor Settle
None
None
The foregoing resolution was adopted this 21
A'
Lee Price,�City Clerk
Vice Mayor Ewan
R 9145
Resolution No. 9145 X001 Series)
Page 2
APPROVED AS TO FORM: 4/155 4 A�
Jef ey G. gensen, City Att mey
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