HomeMy WebLinkAboutR-10994 approving first amendment to MOA regarding annexation along Fiero Lane and Clarion Court and provision of interim water and sewer service -850 Fiero LaneRESOLUTION NO. 10994 (2019 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING FIRST AMENDMENT TO
MEMORANDUM OF AGREEMENT REGARDING THE PROPOSED
ANNEXATION AND PROPERTY ALONG FIERO LANE AND CLARION
COURT AND THE PROVISION OF INTERIM WATER AND SEWER
SERVICE (850 FIERO LANE)
WHEREAS, on December 1, 2015 the City Council of the City of San Luis Obispo
conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, for the purpose of considering a Memorandum of Agreement regarding the proposed
annexation of property along Fiero Lane and Clarion Court and the provision of interim water and
sewer service; and
WHEREAS, on December 1, 2015 the City Council adopted Resolution No. 10678
approving a Memorandum of Agreement (MOA) to pursue annexation of the subject properties
and to provide interim water and wastewater services to said area pending completion of the
annexation process; and
WHEREAS, it has become necessary to extend the deadlines of the MOA to reflect
revisions to the work tasks identified therein and to allow sufficient additional time to complete
the annexation process. In addition, minor clarifications are needed to address the payment of
certain impact fees for new development which occurs after the effective date of the MOA and
annexation of the subject property; and
WHEREAS, there have been no changed circumstances or evidence that any new
impacts/conditions associated with the proposed project that were not otherwise previously
analyzed would result from extension of said Memorandum of Agreement; and
WHEREAS, the City Council has duly considered all evidence, including testimony of the
applicant, interested parties, and the evaluation and recommendations by staff, presented at said
hearing; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
1. That approval of the First Amendment to the Memorandum of Agreement between the City
and the Fiero Lane Water Company is consistent with the Airport Area Specific Plan and
General Plan policies.
R 10994
Resolution No. 10994 (2019 Series)
Page 2
2. That approval of the First Amendment to the Memorandum of Agreement between the City
and the Fiero Lane Water Company adequately addresses the parameters of interim service
and establishes sufficient penalties/timeframes to ensure future annexation or
disconnection from City services.
3. During consideration of the 2015 MOA, the Council approved an Addendum to the
certified Final Environmental Impact Report (FEIR) for the Airport Area and Margarita
Area Specific Plan. The Council determined that approval of the 2015 MOA did not meet
the criteria for preparing a subsequent or supplemental EIR pursuant to the California
Environmental Quality Act (CEQA) Guidelines Section 15164. Following this 2015
approval, the City Council certified the Final Environmental Impact for the Land Use and
Circulation Element Update, which analyzed the annexation of the Fiero Lane -Clarion
Court area as it relates to potential environmental impacts associated with build -out of the
General Plan. Based on these analyses, no significantly changed circumstances have
occurred within the subject area since 2015 that would affect the analysis and conclusions
of the approved 2015 Addendum, and approval of the extension would not result in any
adverse physical environmental changes or effects that would warrant additional
environmental analysis or preparation of a subsequent EIR pursuant to CEQA Guidelines
Section 15164, because the project does not include any elements not already addressed
the above -noted certified Environmental Impact Reports and Addendum. Based on these
facts, no further environmental review is required.
SECTION 2. Action. The City Council hereby approves and authorizes the Mayor to
execute First Amendment to the Memorandum of Agreement between the City and the Fiero Lane
Water Company attached hereto as Exhibit "A" and incorporated herein by this reference.
R 10994
Resolution No. 10994 (2019 Series)
Page 2
SECTION 3. Further adjustment to Schedule. The City Council hereby authorizes the
Community Development Director and Utilities Director to adjust the Schedule in coordination
with the FLWC, if necessary, to accommodate the Statewide Community Infrastructure Program
(SCIP) process, and review and approval of infrastructure improvements.
Upon motion of Vice Mayor Pease, seconded by Council Member Christianson, and on the
following roll call vote:
AYES: Council Members Christianson, Gomez, and Stewart,
Vice Mayor Pease and Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 19th day c
ATTEST:
Teresa Purrington
City Clerk
APPROVED AS TERM:
J/nristine Dietriek
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 • 2, 1
Teresa Purrington
City Clerk
R 10994
EXHIBIT A
FIRST AMENDMENT TO
MEMORANDUM OF AGREEMENT BY AND BETWEEN THE CITY OF
SAN LUIS OBISPO AND THE
FIERO LANE WATER COMPANY
This First Amendment to Memorandum of Agreement ("First Amendment") is made and
entered into this day of , 2019 (the "Effective Date") by and between the
City of San Luis Obispo, a municipal corporation and charter city, (hereinafter referred to as
"CITY") and, Fiero Lane Water Company, a California corporation (hereinafter referred to as
"COMPANY"). CITY, and COMPANY shall hereinafter be referred to collectively as
"PARTIES".
RECITALS
WHEREAS, on , CITY and COMPANY entered into a Memorandum of
Agreement ("MOA") which set forth certain terms and conditions regarding the possible
annexation of the COMPANY's service area into the CITY, including, but not limited to, the
provision for interim water and sewer service and the upgrade and transfer of certain portions of
COMPANY's water and sewer infrastructure to CITY. All capitalized terms not defined herein
shall have the same meaning as set forth in the MOA;
WHEREAS, by this First Amendment, the PARTIES wish to: (i) clarify what impacts fees
COMPANY owes for any further development within the Area after the Effective Date of the
MOA and Annexation of the Area into City; and (ii) adjust the Schedule in the MOA, as more
particularly described in Section 9 of the MOA.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, the PARTIES agree as follows:
1. Water, Wastewater, and Recycled Water- Development Impact Fees —
COMPANY agrees to pay any water and sewer development impact fees in place as of the
Effective Date of the MOA and the fees identified for the City's replacement of the Airport sewer
pump station to serve the Area for any existing development and any future development within
the Area which receives a building permit from the County of San Luis Obispo prior to the date of
Annexation, in the amounts described in Exhibit "3 & 4" of the MOA. These fees, including any
impact fees may be financed by CITY through land based financing or other equivalent means
under terms outlined and negotiated during the financing of said impact fees. All impact fee
payment(s) shall be paid at time of Annexation.
2. Term and Termination of Agreement — The Schedule described in Section 9 of
the MOA is hereby amended as set forth in Exhibit "I" attached hereto and incorporated herein.
3. Incorporation of MOA. All provisions of the MOA, as amended hereby, shall
remain in full force and effect and unchanged, except as provided herein. If any provision of this
First Amendment conflicts with the MOA, the provisions of this First Amendment shall control.
4. Counterparts — This First Amendment may be executed in counterparts.
IN WITNESS WHEREOF, this First Am is executed on the date above stated, at San
Luis Obispo, California.
CITY OF SAN LUIS OBISPO I FIERO LANE WATER COMPANY
In
Heidi Harmon, Mayor
ATTEST
Teresa Purrington, City Clerk
APPROVED AS TO FORM
J. Christine Dietrick, City Attorney
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Exhibit 4
Required Infrastructure Improvements
Fiero Lane Water Company (FLWC) will perform a water and wastewater systems engineering
analysis and design to bring their facilities to CITY standards prior to CITY acceptance of those
facilities for CITY maintenance and operation. FLWC intends to complete the analysis prior to
annexation, so that costs can be established. Required, documents, submittals and improvements
identified to date are shown below. Additional documents, submittals, improvements or
modifications to the list of improvements may be required following completion of the analysis
and design and concurrence of the CITY and FLWC. The CITY reserves the right to determine
which infrastructure it will accept as CITY responsibility and which will remain the
responsibility of others. FLWC will be responsible for funding, design and construction of the
required improvements.
1. General Water and Wastewater: Map of the entire FLWC service area including
parcels and owners and size of buildings. Map shall include all infrastructure
servicing the Morabito Burke service area.
2. Annual and monthly records of water pumping, distribution and consumption and
wastewater generation, treatment and disposal.
3. All permits, records, agreements and reports required by regulatory agencies for
water and wastewater such as but not limited to; Regional Water Quality Control
Board, State Water Resources Control Board, EPA, County of San Luis Obispo,
California Department of Health.
4. All letters, reports and correspondence to regulatory agencies including but not
limited to; Notice of Violation(s), violation(s), fines and penalties, settlement
agreements, inspections, Notice of Intent, application for waste discharge.
5. All records of water and wastewater infrastructure installation.
6. All records of water and wastewater maintenance and capital replacement.
7. All water meter reads for the last 3 years.
8. Monthly water and wastewater service rates.
9. Map of all infrastructure, included but not limited to water mains, valves, water
meters, water boxes, fire hydrants, air vacs, service laterals, gravity sewers, manholes,
laterals.
10. List and map of record easements.
11. Draft schedule for all submittals and construction improvements prior to annexation.
Potable Water:
1. Record easements for CITY facilities on private property.
2. Pressure and leak test existing water mains that will become CITY facilities (Fiero Lane
only).
3. Public and private water mains shall be sized to meet fire flow requirements.
4. Decommission and dismantle of groundwater collection, treatment, and pumping
facilities.
5. Replace fire hydrants with CITY standard hydrants.
6. Replace all water meters. Meters shall be properly sized, accurate and meet City
standards.
7. Water Services shall be upgraded to current City standard.
8. Backflow preventers shall be installed where recommended by County Cross Connection
Inspector.
9. Isolation valves shall be installed.
Wastewater:
1. Work with the CITY and County Airport to facilitate the CITY takeover of that portion
of the Airport gravity sewer line in Fiero Lane.
2. Replace or rehabilitate failing portion of the Airport gravity sewer line — Manhole M 17-
15 to M17-8.
3. Fiero Lane System — Manhole M17-18 — cut open pipe to expose invert and access flow.
Manhole M 17-18 to M 17-19 — correct grade defects.
4. Tie over eight (8) sewer laterals on Fiero Lane to the Airport gravity sewer line or new
City gravity main in Fiero Lane, if available. Any necessary repairs to private laterals
shall be made by FLWC prior to tie over.
5. Abandon existing FLWC gravity main once laterals are tied over to deeper airport gravity
line.
6. The wastewater treatment system will be decommissioned, removed and left for
COMPANY to salvage or dispose in accordance with state standards.
7. Temporary and permanent easements shall be granted to the City for replacement of the
existing gravity main in Fiero Lane and the existing Airport sewer pump station. This
may include the site of the existing FLWC wastewater treatment system site, or another
suitable site. FLWC will provide recorded permanent easement to the City of San Luis
Obispo for the site of the existing FLWC wastewater treatment system for the
construction of a City lift station to serve the area. The FLWC existing electrical service
will be provided to the City. Clear access will be provided to the easement area from
Fiero Lane.
8. The leach fields behind Clarion Court will be abandoned in accordance with applicable
code after all Clarion properties are connected to the City wastewater collection system
via private gravity or private force main connections.
Storm Drainage Infrastructure:
The existing stormdrain within the existing County right-of-way is owned and maintained
by the County. The Company shall coordinate with the County to arrange for the
inspection and cleaning of the stormdrain system. In the event the County is unwilling to
perform the work prior to annexation, the City and Company shall work cooperatively to
arrange for an alternative means of cleaning with concurrence and permission from the
County.
Street Infrastructure:
The COMPANY will construct improvements and upgrades to Fiero Lane so as to bring
the street infrastructure into a "state of good repair". For purposes of this requirement, the
definition of state of good repair includes:
a. Upgrading traffic control signs and markings to meet current federal, State
and City standards; and
b. Upgrade street crossings to meet Federal and City ADA ramp and crossing
standards
c. Perform pavement maintenance as needed to meet City minimum pavement
condition index requirements.
d. Remove and replace any damaged sections of sidewalk.
2. It is the intent of the agreement that Old Santa Fe Road south of the City/County
boundary line, located immediately south of the Santa Fe Bridge, will remain under
County jurisdiction after annexation of properties on Clarion Court. If as part of the
LAFCO process, the City is required to take all, or part, of Old Santa Fe Road under City
jurisdiction, the following requirements shall be required. The COMPANY will construct
improvements and upgrades to Old Santa Fe Road, that is to be annexed to the City, so as
to bring the street infrastructure into a "state of good repair". For purposes of this
requirement, the definition of state of good repair includes:
a. Upgrading traffic control signs and markings to meet current federal, State
and City standards; and
b. Upgrade street crossings at Clarion Court and the mini storage property to
meet Federal and City ADA ramp and crossing standards
c. Perform pavement maintenance as needed to meet City minimum pavement
condition index requirements.
The limits of required improvements begin at the south side of the existing bridge across the East
Fork of San Luis Creek and terminate at the cul-de-sac fronting the mini storage property. No
improvements to the bridge are proposed.