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HomeMy WebLinkAboutMOA between City and Fiero Lane Water CoFIRST 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 Zig► day of r K- , 2419 (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 !Kk 9 , 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 MDA, 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 Arca 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 "1" 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 FIERO LANE WATER COMPANY rn� 1 J�' WvfvtoII NO By: By; HeilHar on, M yor Zl tgl Its: ATTEST Teresa Purrington, City C er APPROVED AS TO FORM Lo Christine Dietrick, City Attorney 2 Annexation Task List and Schedule (Section 9) Fiero Lane Water Company revised 3-6-19 Nate: The schedule for uncompleted tasks requires timely action on the part of the FLWC, City, County, and CSDA (50P), As such, the dates are not within the sole control of FLWC and may need to be adjusted accordingly. Task No. Description Original Comte etion Date per OA Actual Completion Date Proposed Completion Date Comments 1 rewTas Draft MCA -staff level 10/16/2015 10/16/2015 2 FLWC to organize written majority support forannexation Complete 11/15/2015 3 4WC Board approves and executes MCA TBD 12/11/2015 4 FLWC Submits Application for Annexation Complete 3/31/2015 5 PC Hearing 42 Complete Not applicable 6 Gty Councg Hearing pl(ceuncil approves and executes MCA, starting annrxarron and ok's pursuing La nd based financing) 12/1/2015 12/15/ 2015 tAKO application submittal Rl 7 AWiCli no (0ty) petitions LAFCO for approval of interim water and December 2016 3/15/2016 rvs:awatcr sere R 51Q County approves use of gravity sewer main in Fiero Lane 1/1/2016 7/1/2016 task was orlginally contemplated as a City,/County function. The &"Parwassisted in the resolution via a jointly signed letter after Co^'.P",;ed negotiations. `.WC provides City written confirmation from RWQC8 that East Airport can 9 linher roloxty the existing wastewater treatment facility operated by the Complete 2/23/2016 CIUMPA81Y or install a new wastewater treatment facilry on their premises. 10 FLWC prepares plans and bonding estimate for interim service connection 1/1/2016 5/16/2016 Pre-moaalingfor permanent connection was performed first prior toOry 11 FLWC posts bond or cash equivalent for removal of interim service N/A, <$2000 so included in cndorn-rent of interim eon nation. :OnIK[tgrt, end inhiAMS constructon 1/1/2016 y'OMsit 12 Gty approves interim service plans (assuming 1 round of comments) 1/15/2016 8/10/2016 13 LASKO Review Hearing nl Interim Connection Applicant An neiatian Submittal to City February/March 2016 4/21/2016 Application and fee submitted Iappiicanl provides all materials needed by application checklist and on 3/31/2015, Additional 14 revwwin B*EPawnent2 including mapped irnfrastruvure and a model or: or before 4/1/2016 materials provided per City showittp performance of proposed system once hooked up to City uellfles.) request prior to interim service on 3/23/2016 15 InterNn water and sewer service begins on or before 4/1/2016 812£/2016 16 FLtVC oempkles Engineering Study for water and sewer infrastructure, wnr[I� 7/1/2016 Mee Site analysis a nd water me in configuration included, but Arm the basis of the SLIP Engineer's Report iJ 3/2512016 Confirmation needed on sewer connections from Gry gravity main / rift nation pfp)f4i. Al this po'snt in the original schedule, annexation was to proceed to completion prior to securing funding, with the city taking the lead on the Propoe"rtion 218 protest The tasks below have been reoriented to accommodate the Ciity's and funding will be secured firs„ allowl rig annexation to occur following funding so the City can oversee the preparation of engineering mans and revised approach, construction inspections for the infrastructure improvement,. 17 County to adapt SLIP/CSCDA Resolution, consenting use ofthe SCIP Program Not in original MCA 9/11/2018 18 City to adopt SLIP/CSCDA Resolution, consenting use of the SLIP Program Nat in crlginal MCA 11/3/2018 19 Formal application for SCIP funding for Fiero Lane annexation Not in original MCA I I 11/2612018 20 City/Fero Applyfor LAFCO Extension Not in original MCA March 2019 21 LAFCO conducts public hearing on Outside Uses Agreement Extension Not in original MCA March 2019 Requesting a 1-year extension, to March 2020 22 Lity confirms scope of sewer improvements necessary jifany)prior to For inclusion in SLIP Engineer's Report. Company is also in discussions mplemertation of new gravity sewer and lift station Not in original MOA 3/1/2019 With SLO Co on street reha biiitation casts, though property -owner Funding will be assumed if necessary. 23 SOP Staff prepares Engineer's Report for Preposition 218 Process Not in original MCA 6/1/2019 `iming to be confirmed by SLIP staff 24 ICSCDA/SCIP Resolution of Intention Not in original MCA August 2019 25 SCIP Funding Confirmed and Available Not in original MCA October 2019 26 Cirty Council 42 Council approves and executes LAFCO Annexation, Service CAN, elected to defer annexation until after funding becomes available Authorization, Addendum May 22, 2019 (April 20171 27 LAFCO application snbmitWl#2 Applicant (City) formally petitions LAFCO for approval of annexation June 2019 28 LAFCO Review Nearing 42, completing annexation august -September 2019 Final action by LAFCO to cancide with 2019 Extension request Preparation of detailed construction documents for permanent connections, 29 meet rehabilltation, and meter replacement (scope of sewer improvements February 2020 Includes City approval process to be confirmed) -0 City files Boundary Map- Secure State Board of Equalization approval• Finalize annexation April-MiiV 2020 31 Property Owners secure City Business Licenses I April -June 2020 32 Construction of water and sewer improvements is completed, along with mSDrvCtjan strut Cbegins after annexation approved and Funds become Items referenced In MCA Sec Section 3d, new meters s et, impact fees are paid. July 2020 ¢vailiiblk FLWC provides Gty parcel for construction of new lift station and easement 33 for rim graairy main in Fero Lane, July 2020 34 If nOMWry, FLWC relocates wastewater treatment plant to East Airport amo TBD pending East Airport discussions, may not be necessary 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: Mali 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: I. 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 M17- 15 to M 17-8. 3. Fiero Lane System — Manhole M17-18 — cut open pipe to expose invert and access flow. Manhole M17-18 to M17-19 — 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: 1. 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.