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HomeMy WebLinkAbout08-15-2017 Item 07 - Approval of the Final Map for Tract 2428-2, 3000 Calle Malva (TR121-13) Meeting Date: 8/15/2017 FROM: Michael Codron, Community Development Director Prepared By: Diane Dostalek, Senior Civil Engineer SUBJECT: APPROVAL OF THE FINAL MAP FOR TRACT 2428-2, 3000 CALLE MALVA (TR 121-13) RECOMMENDATION Adopt a resolution approving the Final Map for Tract 2428-2 (Phase 2), 3000 Calle Malva, and authorize the Mayor to execute a Subdivision Agreement. DISCUSSION Background Tract 2428 (TR 121-13) is located at 3000 Calle Malva (Attachment A, Vicinity Map). A vesting tentative map for Tract 2428 was originally approved by the City Council on July 3, 2007, by Resolution No. 9917 (Series 2007) as TR 98-06. Revised conditions that superseded the previous tentative map conditions were approved by Council on April 15, 2014, by Resolution No. 10514 (2014 Series) (Attachment B). The tentative map (excerpts included as Attachment C) contained a total of 178 lots consisting of 165 single-family lots, five lots for up to 26 units of affordable housing, two lots for six market-rate condominium units, five lots for riparian open space, and one 71-acre hillside lot for permanent open space. Subsequent to Council’s approval of the revised conditions, the applicant proposed to reduce the original 178 lots down to 172 lots for constructability and marketability purposes. The new lot configuration includes a total of 172 lots consisting of 161 single-family lots, five lots for up to 26 units of affordable housing, five lots for riparian open space, and one 71-acre hillside lot for permanent open space. An exhibit showing the old lot configuration and numbering and the new lot configuration and numbering is attached (Attachment D). This change to the tentative map is minor and is consistent with the intent and spirit of the original tentative map. The tentative map conditions of approval refer to the old lot numbering, so Attachment D is helpful in interpreting the conditions based on the new lot numbering. Tract 2428 is currently planned to be recorded in three phases (Attachment E, Phasing Plan). Phase 1 – Final Map approved and under construction: Tract 2428-1, the first phase of Tract 2428, was approved by Council on August 16, 2016, by Resolution No. 10737 (2016 Series). It created 45 single -family lots (Lots 1-14, 72 to 80, and 86 to 107), two lots for riparian open space (Lots 81 and 84), one 71-acre hillside lot that was dedicated to the City for permanent open space (Lot 172), and one Remainder lot for the future phases. Building plans for all the lots in Tract 2428-1 have been approved and the units are currently under construction. Packet Pg 135 7 Phase 2 – This approval: Tract 2428-2 is a subdivision of Tract 2428-1’s Remainder lot. It will create 36 single-family lots, (Lots 62 to 71, Lots 139 to 162, and Lots 170 to 171), three lots for riparian open space (Lots 82, 83 and 85), seven lots for affordable housing (Lots 163 to 169) for up to 26 affordable housing units, and two lots for future phases (Lots A and B). Building plans for all the lots in Tract 2428-2 have been approved pending recordation of the final subdivision map. Environmental Issues There is a protected species of plant located on Tract 2428 called adobe sanicle. Although some of the plants are located in areas to be designated as open space, others are located on lots intended to be developed. The subdivider is cooperating with the Department of Fish & Wildlife by applying for an “incidental take permit.” As part of that process, the subdivider is funding studies to analyze the feasibility of propagating the species and growing them elsewhere as well as relocating the plants on and off site. Additional information regarding the ability to transplant and/or relocate the plants is expected to be available no later than the time Phase 3 is proposed to be developed The original boundary of Phase 2 included a patch of adobe sanicle that would have been on affordable housing Lot 167. The subdivider reconfigured the boundaries of Phase 2 so there would be no adobe sanicle within Phase 2. In order to retain the overall square footage of property approved for the affordable housing, the subdivider turned two lots originally planned for single-family residential (Lots 163 and 164) into affordable housing lots. The subdivider will try to reconfigure lots in Phase 3 to recoup those two lost single-family lots. Affordable Housing Condition #77 of the tentative map required subdivider to dedicate the affordable housing lots prior to or concurrent with the second phase of the map. A grant deed dedicating Lots 163 to 169 to the Housing Authority of the City of San Luis Obispo (HAS LO) will be recorded concurrently with the final map. It is anticipated that HASLO will be merging the seven lots into a single lot in order to build apartments. The affordable housing lots are served by a private street, sewer main, and drainage line that will be maintained by the Toscano Homeowner’s Association (HOA). Because the affordable housing lots will not be a part of the HOA and are unable to commit to annual maintenance costs for these facilities due to legal restrictions on funding, HASLO has tentatively agreed to contribute a one-time payment in an amount not greater than $25,000 to the HOA for maintenance of these private facilities. An agreement is being drafted between the HOA and HASLO clearly stating that this payment will release HASLO from any further obligation to the HOA for ongoing maintenance in perpetuity. Prado Road Bike Path Condition #1 of the tentative map required subdivider to construct a Class 1 bike path connecting the existing terminus of Prado Road to Broad Street at the Damon-Garcia Sports Field, subject to available right-of-way. At this time, the subdivider and the City have been unsuccessful at negotiating with the property owner to acquire the right-of-way for the bike path. Therefore, this Packet Pg 136 7 condition is being deferred to the next phase of the map and is included in a Notice of Requirements. Approving the Final Map The tentative map has an initial two-year life per Municipal Code Section 16.10.150. With the automatic extensions granted by the State Legislature per Sections 66452.21, 66452.22, 66452.23, and 66452.24 of the Subdivision Map Act (SMA), a City-granted extension of two years, and a three-year extension allowed for phasing of the map per Section 66452.6 of the SMA, this vesting tentative map now has an expiration date of July 3, 2021. Modifying the tentative map conditions did not extend the life of the map. All phases of the map must record prior to expiration of the tentative map. Additional time extensions are allowed. The final map for Tract 2428-2 (Attachment F) is ready to be approved and recorded. Pursuant to Section 16.14.080 of the Municipal Code, the Public Works Director has determined that the final map is in substantial compliance with the tentative map and approved modifications thereof. Section 66474.1 of the Subdivision Map Act states that “a Legislative body shall not deny approval of a final or parcel map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final or parcel map is in substantial com pliance with the previously approved tentative map.” The approval of a final map is considered a ministerial action. Appropriate securities will be submitted prior to map recordation to guarantee completion of the required subdivision improvements as shown in the Subdivision Agreement (Attachment G). The resolution approving the final map (Attachment H) also authorizes the Mayor to sign the Subdivision Agreement requiring the Subdivider to complete the subdivision improvements. CONCURRENCES The Public Works Department concurs with the recommended action. ENVIRONMENTAL REVIEW The City Council adopted the project’s Mitigated Negative Declaration (MND) on July 3, 2007, and approved an Addendum on April 15, 2014. The Final Environmental Impact Report prepared for the Margarita Area Specific Plan and the amended MND for this project constitute the complete environmental determination for the project. Approval of a final map is statutorily exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps) of Title 14 of the California Code of Regulations (State CEQA Guidelines). Therefore, no further environmental review is required. FISCAL IMPACT There is no significant financial impact to the City associated with approving the final map for Tract 2428-2. However, the public improvements that will be constructed with this phase will result in an increase in maintenance costs for the public streets, public water and sewer, and other Packet Pg 137 7 infrastructure upon acceptance of the improvements by the City. These costs will be shown in future Financial Plans as the facilities are accepted and begin to require standard maintenance. The bike paths will be open to the public but will be privately-maintained by the HOA. The private streets, private sewer, private drainage, and private open space will also be maintained by the HOA, except for Lot 85 and the improvements thereon. Lot 85 was inadvertently left off the Declaration of Annexation for Phase 2 and will be maintained by the owner of Lot 85 (the subdivider) until such time as it is annexed into the HOA. ALTERNATIVES Deny approval of the final map. Denying approval of the final map can apply if findings are made that the requirements or conditions of the tentative map have not been met or performed (Section 66473 of the Subdivision Map Act) or if findings are made that the final map is not in substantial compliance with the previously approved tentative map (Section 66474.1 of the Subdivision Map Act). Because the final map is in substantial compliance with the tentative map and all of the conditions of the map will be met or securities deposited prior to map recordation, Sections 66474.1 and 66473 of the Subdivision Map Act require th at City Council approve the map. Therefore, denying approval of the final map is not a recommended alternative unless the required findings are made. Attachments: a - Vicinity Map b - Resolution No. 10514 (2014 Series) c - Tentative Map d - Revised Lot Numbering e - Phasing Plan f - Final Map g - Subdivision Agreement h - Draft Resolution Approving Final Map Packet Pg 138 7 Packet Pg 139 7 Packet Pg 140 7 Packet Pg 141 7 Packet Pg 142 7 Packet Pg 143 7 Packet Pg 144 7 Packet Pg 145 7 Packet Pg 146 7 Packet Pg 147 7 Packet Pg 148 7 Packet Pg 149 7 Packet Pg 150 7 Packet Pg 151 7 Packet Pg 152 7 Packet Pg 153 7 Packet Pg 154 7 Packet Pg 155 7 Packet Pg 156 7 Packet Pg 157 7 Packet Pg 158 7 Packet Pg 159 7 Packet Pg 160 7 Packet Pg 161 7 Packet Pg 162 7 Packet Pg 163 7 Packet Pg 164 7 Packet Pg 165 7 Packet Pg 166 7 Packet Pg 1677 Packet Pg 1687 www.tetratech.com711 Tank Farm Road, Suite 110San Luis Obispo, CA 93401(805) 542-9052Packet Pg 1697 N0SCALE:50 1002001" = 100'www.tetratech.com711 Tank Farm Road, Suite 110San Luis Obispo, CA 93401(805) 542-9052FOUND 1-1/4" IPNO TAGACCEPTED AS1-14" IP TAGGEDLS 3877 AS SETPER 13-MB-48FOUND 1-1/2" IP "RCE 29930" ASSET PER 13-MB-98FOUND 11/2" BRASS DISK "CITYOF SAN LUIS OBISPO GPS 5"APPROXIMATELY 15' FROMROCK CAIRN HCN 8205 PER (R1)N:2291512.716E:5768452.037FOUND CITY OF SAN LUISOBISPO BRASS CAPMONUMENT HCN 8105PER (R1)N:2290150.665E:5766571.883FOUND 5/8" REBAR WITH SETORANGE PLASTIC CAPSTAMPED "PLS 8925" PER (R1).Packet Pg 1707 www.tetratech.com711 Tank Farm Road, Suite 110San Luis Obispo, CA 93401(805) 542-9052Packet Pg 1717 SEE SHEET 5N0SCALE:20' 40'80'1" = 40'www.tetratech.com711 Tank Farm Road, Suite 110San Luis Obispo, CA 93401(805) 542-9052EASEMENT FOR PUBLICPEDESTRIAN AND BICYCLETRAIL, AS WELL AS PRIVATEMAINTENANCE PER 2428-1Packet Pg 1727 N0SCALE:20' 40'80'1" = 40'www.tetratech.com711 Tank Farm Road, Suite 110San Luis Obispo, CA 93401(805) 542-9052SEE SHEET 4Packet Pg 1737 N0SCALE:10 20401" = 20'www.tetratech.com711 Tank Farm Road, Suite 110San Luis Obispo, CA 93401(805) 542-9052 Packet Pg 1747 N0SCALE:10 20401" = 20'www.tetratech.com711 Tank Farm Road, Suite 110San Luis Obispo, CA 93401(805) 542-9052 Packet Pg 1757 www.tetratech.com711 Tank Farm Road, Suite 110San Luis Obispo, CA 93401(805) 542-9052Packet Pg 1767 1 SUBDIVISION AGREEMENT THIS AGREEMENT is dated this ______ day of ___________201___ by and between Margarita Ranch SLO, 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 2428-2, City of San Luis Obispo, California, as approved by the City Council on the ____ day of ___________, 201___. The Subdivider desires that said Tract 2428-2 be accepted and approved as a Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 16 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 Phase 2 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. PEDESTRIAN AND BICYCLE PATHS 4. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. Packet Pg 177 7 2 5. LANDSCAPING 6. DRAINAGE STRUCTURES 7. STREET LIGHTS 8. 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. 9. ENVIRONMENTAL MITIGATION 10. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by project approvals. 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 twelve (12) 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. Packet Pg 178 7 3 No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all subdivision improvements unless specifically approved by the City. The Subdivider does also agree to comply with the conditions established by the City Council and has paid the necessary fees as indicated on the attached Exhibits 1 and 2. The restoration of lost section corners 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 for the 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 $2,089,400 which is the amount of the estimated cost of said improvements for Phase 2. 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. Packet Pg 179 7 4 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. “AS-BUILT” record drawings are to be submitted within four weeks of completion of construction and prior to City acceptance of the public improvements. 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 surety in the amount of 50% of the above described subdivision improvements ($1,044,700) in accordance with State law. Said Subdivider shall pay an inspection fee 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 Packet Pg 180 7 5 are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review (“Indemnified Claims”). The City shall promptly notify the subdivider of any Indemnified Claim upon being presented with the Indemnified Claim and City shall fully cooperate in the defense against an Indemnified Claim. 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. IN WITNESS WHEREOF, this agreement has been executed by: CITY OF SAN LUIS OBISPO SUBDIVIDER Margarita Ranch SLO, LLC, a California limited liability company MAYOR Heidi Harmon Dennis Moresco, Vice President ATTEST: CITY CLERK Carrie Gallagher Packet Pg 181 7 6 EXHIBIT 1 TRACT 2428-2 SUBDIVISION AGREEMENT 1. The Subdivider has deposited a monumentation guarantee in the amount of $21,750 to cover the installation of survey monuments for Phase 2 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. Subdivider shall adhere to the requirements of California Business and Professions Code Section 8771 with regards to monument conservation. 2. Park-in-lieu fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at that time. 3. Improvement plancheck fees for all phases of the subdivision were paid with Phase 1. No additional plancheck fees are required for Phase 2. 4. Construction inspection fees for Phase 2 of the subdivision have been paid, as listed in the attached EXHIBIT 2, based on the $1,391,000 construction cost estimate for Phase 2. 5. Subdivider overpaid construction inspection fees for Phase 1 in the amount of $18,040. This overpayment is being credited towards the construction inspection fees for Phase 2. 6. 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. 7. Transportation impact fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at that time. 8. The subdivider shall comply with all requirements of Council Resolution 10514 (2014 Series) approving the tentative map. 9. Pursuant to Condition #7 of Council Resolution No. 10514 (2014 Series), the Subdivider has deposited a faithful performance security in the amount of $130,000 to retain a qualified traffic consultant to conduct traffic counts and speed measurements one-year after final occupancy or complete build-out of the subdivision or acceptance of public improvements, whichever occurs later. If the traffic volumes or speeds exceed City standards, the $130,000 security will be retained by the City to guarantee that Subdivider install additional City-approved traffic calming measures to reduce volume and speeds to comply with City standards. The additional measures shall be installed within six (6) months following notice from the City to install said measures. Another traffic study shall be performed twelve (12) months after completion of construction of the additional traffic calming measures. The $130,000 security will be released to the Subdivider once a City-approved traffic study demonstrates that traffic volumes and speeds comply with City standards. Packet Pg 182 7 7 EXHIBIT 2 TRACT 2428-2 FEE AND BOND LIST (3000 Calle Malva) Amount Form Date Received Bond Release Status Bonds and Guarantees: Total Faithful Performance for Phase 2 subdivision improvements (“FPB”) $2,089,400 xxx xxx Can be released upon City acceptance of improvements and deposit of one-year warranty surety. Labor & Materials (50% of total cost of Phase 2 improvements) $1,044,700 xxx xxx Can be released 90 days after acceptance of improvements, if no claims. (Civil Code Section 8412) Monument Guarantee for Phase 2 $21,750 CD or Letter of Credit xxx Can be released upon verification that monuments have been set and surveyor has been paid. Faithful Performance for completion of traffic counts and speed measurements and installation of additional traffic calming measures $130,000 Rider to Tract 2428- 1 xxx See Exhibit 1 #9 for timing and requirements regarding release. 10% Warranty $139,100 To be determined To be collected prior to release of FPB Can be released one-year after acceptance of improvements, if no defects. Fees: Map Check Fee for Phase 2 $16,612 Check 3/20/17 Plan Check Fee Paid with Phase 1 Total Construction Inspection fee for Phase 2 Less overpayment of fee in Phase 1 Construction Inspection fee due for Phase 2 $78,493.29 - $18,040.00 $60,453.29 Xxx xxx Park In-Lieu Fee for Phase 11 To be collected with building permit Affordable Housing Requirements To be fulfilled in future phase by dedication of lots to the Housing Authority Water, Wastewater, and Traffic Impact Fees1 To be collected with building permit 1 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units. Packet Pg 183 7 R _____ RESOLUTION NO. (2017 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING THE FINAL MAP FOR TRACT 2428-2 (3000 CALLE MALVA, TR 121-13) WHEREAS, the City Council made certain findings concerning the phased vesting tentative map for Tract 2428, as prescribed in Resolution No. 10514 (2014 Series); and WHEREAS, the City Council approved the final map for the first phase of Tract 2428 (Tract 2428-1) on August 16, 2016, by Resolution No. 10737 (2016 Series); and WHEREAS, the subdivider has requested that the Council approve this second phase of Tract 2428 (Tract 2428-2); and WHEREAS, the subdivider will submit appropriate securities to guarantee installation of the required subdivision improvements as shown on the approved plans for this phase prior to map recordation, and all fees for this phase will be received prior to map recordation, as prescribed in the Subdivision Agreement; and WHEREAS, all requirements, conditions and mitigation measures required per said Resolution No. 10514 (2014 Series) applicable to this phase of Tract 2428 have been completed or appropriate securities will be in place to guarantee their completion prior to map recordation; and WHEREAS, the City Council adopted the project’s Mitigated Negative Declaration (MND) on July 3, 2007, and approved an Addendum on April 15, 2014. The Final Environmental Impact Report prepared for the Margarita Area Specific Plan and the amended MND for this project constitute the complete environmental determination for the project. Approval of a final map is statutorily exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps) of Title 14 of the California Code of Regulations (State CEQA Guidelines). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The final map for Tract 2428-2 is found to be in substantial conformance with the tentative map. SECTION 2. The Subdivision Agreement for Tract 2428-2 is approved and the Mayor is authorized to approve minor revisions to the agreement and execute the document. SECTION 3. Approval of the final map for Tract 2428-2 is hereby granted. SECTION 4. The Mayor and City staff are authorized to take action necessary to carry out the intent of this resolution. Packet Pg 184 7 Resolution No. (2017 Series) Page 2 R _____ SECTION 5. Environmental Review. The Final Environmental Impact Report prepared for the Margarita Area Specific Plan and the amended Mitigated Negative Declaration for Tract 2428 constitute the complete environmental determination for the project. Approval of a final map is statutorily exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps) of Title 14 of the California Code of Regulations (State CEQA Guidelines). Upon motion of _______________________, seconded by ________________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this ______ day of _______________ 2017. ________________________________ Mayor Heidi Harmon ATTEST: ______________________________ Carrie Gallagher City Clerk APPROVED AS TO FORM: ________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________, _________. ______________________________ Carrie Gallagher City Clerk Packet Pg 185 7 Page intentionally left blank. Packet Pg 186 7