HomeMy WebLinkAboutItem 13_COUNCIL READING FILE_b_Exhibit A to Resolution
1
SECOND AMENDMENT TO
MEMORANDUM OF AGREEMENT BY AND BETWEEN THE CITY OF
SAN LUIS OBISPO AND THE
FIERO LANE WATER COMPANY
This Second Amendment to Memorandum of Agreement (“Second 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 Second Amendment, the PARTIES wish to: (i) incorporate conditions
of annexation specific to additional infrastructure improvements; 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. Infrastructure Improvements. COMPANY agrees to the following:
a. In compliance with the adopted First Amendment to the Memorandum of Agreement, if
re-location of the existing wastewater treatment facility is required in order to continue
service to the East Airport area, the applicant shall submit documentation verifying that
the Fiero Lane Water Company has submitted an application to the Regional Water
Quality Control Board for any required permits and authorizations related to the
wastewater treatment plant and associated disposal of treated wastewater. To ensure
implementation of the re-location of the wastewater treatment facility, the applicant shall
provide financial assurance in the form of a bond, to be approved by the City Utilities
Director.
b. The applicant shall 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:
EXHIBIT A
2
1)Upgrading traffic control signs and markings to meet current federal, State and City
standards;
2)Upgrade street crossings to meet Federal and City ADA ramp and crossing
standards;
3)Perform pavement maintenance as needed to meet City minimum pavement
condition index requirements;
4)Remove and replace any damaged sections of sidewalk.
c.The applicant shall exhaust all reasonable efforts to establish City-controlled public
right-of-way access to parcels 076-411-055, 076-411-054, 076-401-043, 076-401-065,
076-401-032, and 076-400-001 076-401-043, 076-400-001, 076-401-065 & 076-041-
032, which are included within the proposed annexation area, but are not accessible via
right-of-way. Access may also be established via a City easement. This may require
subdivision of County-owned parcel 076-401-068 and transfer of the portion that
includes the existing access road to the City.
d.The applicant shall exhaust all reasonable efforts to establish a reciprocal access
agreement across parcel 076-413-038 to provide a potential future street connection
and/or emergency access between Clarion Court and Fiero Lane.
e.Old Santa Fe Road south of the City/County boundary line, located immediately south
of the Santa Fe Bridge shall 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 by the applicant:
1) Construct improvements and upgrades to the portion of 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; and
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.
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.
EXHIBIT A
3
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
Second Amendment conflicts with the MOA, the provisions of this Second Amendment shall
control.
4.Counterparts – This Second Amendment may be executed in counterparts.
IN WITNESS WHEREOF, this Second Amendment is executed on the date above stated,
at San Luis Obispo, California.
CITY OF SAN LUIS OBISPO
By:
__________________________________
Heidi Harmon, Mayor
ATTEST
By:
__________________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM
By:
__________________________________
J. Christine Dietrick, City Attorney
FIERO LANE WATER COMPANY
By:
__________________________________
Its:
EXHIBIT A
Task No.DescriptionOriginal Completion Date per MOAActual Completion Date Proposed Completion DateComments1 Finalize Draft MOA ‐ staff level10/16/201510/16/20152 FLWC to organize written majority support for annexationComplete11/15/20153 FLWC Board approves and executes MOATBD12/11/20154 FLWC Submits Application for Annexation Complete3/31/20155PC Hearing #1CompleteNot applicable6City Council Hearing #1 (council approves and executes MOA, starting annexation and ok's pursuing Land based financing)12/1/201512/15/20157LAFCO application submittal #1Applicant (City) petitions LAFCO for approval of interim water and wastewater serviceDecember 20163/15/20168 SLO County approves use of gravity sewer main in Fiero Lane1/1/20167/1/2016This task was originally contemplated as a City/County function. The Company assisted in the resolution via a jointly signed letter after Company‐led negotiations.9FLWC provides City written confirmation from RWQCB that East Airport can either relocate the existing wastewater treatment facility operated by the COMPANY or install a new wastewater treatment facility on their premises.Complete2/23/201610 FLWC prepares plans and bonding estimate for interim service connection1/1/20165/18/2016Pre‐modeling for permanent connection was performed first prior to City endorsement of interim connection. 11FLWC posts bond or cash equivalent for removal of interim service connection, and initiates construction1/1/2016N/A, <$2500 so included in deposit12 City approves interim service plans (assuming 1 round of comments)1/15/20168/10/201613LAFCO Review Hearing #1 Interim Connection February/March 20164/21/201614Applicant Annexation Submittal to City(applicant provides all materials needed by application checklist and reviewing departments including mapped infrastructure and a model showing performance of proposed system once hooked up to City utilities.)on or before 4/1/2016Application and fee submitted on 3/31/2015. Additional materials provided per City request prior to interim service on 3/25/201615 Interim water and sewer service beginson or before 4/1/20168/26/201616FLWC completes Engineering Study for water and sewer infrastructure, which forms the basis of the SCIP Engineer's Report7/1/20163/25/2016Meter size analysis and water main configuration included, but confirmation needed on sewer connections from City gravity main / lift station project.At this point in the original schedule, annexation was to proceed to completion prior to securing funding, with the City taking the lead on the Proposition 218 process. The tasks below have been reoriented to accommodate the City's revised approach, and funding will be secured first, allowing annexation to occur following funding so the City can oversee the preparation of engineering plans and construction inspections for the infrastructure improvements. Note: The schedule for uncompleted tasks requires timely action on the part of the FLWC, City, County, and CSDA (SCIP). As such, the dates are not within the sole control of FLWC and may need to be adjusted accordingly. Annexation Task List and Schedule (Section 9)Fiero Lane Water CompanyRevised November 2019MOA EXHIBIT 1EXHIBIT A
17 County adopts SCIP/CSCDA Resolution, consenting use of the SCIP Program Not in original MOA9/11/201818 City adopts SCIP/CSCDA Resolution, consenting use of the SCIP ProgramNot in original MOA11/13/201819 Formal application for SCIP funding for Fiero Lane annexationNot in original MOA11/26/201820 City/Fiero Apply for LAFCO ExtensionNot in original MOA3/19/201921 LAFCO approves Outside User's Agreement Extension (one year)Not in original MOA3/21/2019Outside User's Agreement expires March 2020 (unless annexation application is submitted to LAFCO)22City confirms scope of sewer improvements necessary (if any) prior to implementation of new gravity sewer and lift stationNot in original MOA3/1/2019For inclusion in SCIP Engineer's Report. Company is also in discussions with SLO Co on street rehabilitation costs, though property‐owner funding will be assumed if necessary. 23Planning Commission: Commission recommends approval of the annexation10/9/201924City Council #2 Council approves and executes LAFCO Annexation11/19/2019Application to LAFCO to be submitted.25 Submittal of SCIP Application by FLWCNot in original MOADecember 201926LAFCO application submittal #2Applicant (City) formally petitions LAFCO for approval of annexationFebruary 2020Annexation application may be amended to include East Airport Commerce Park (EACP) area27 SCIP Staff prepares Engineer's Report for Proposition 218 ProcessNot in original MOAFebruary 2020Timing to be confirmed by SCIP staff28 CSCDA/SCIP Resolution of IntentionNot in original MOAApril 202029Preparation of detailed construction documents for permanent connections, street rehabilitation, and meter replacement (scope of sewer improvements to be confirmed)May 2020Includes City approval process, pre‐ and post‐annexation30 SCIP Funding Confirmed and AvailableNot in original MOAJune 202031LAFCO Review Hearing #2, Completing annexationMay ‐ June 202032City files Boundary Map ‐ Secure State Board of Equalization approval ‐ Finalize annexationJune ‐ July 202033 Property Owners secure City Business LicensesJune ‐ July 202034Construction of water and sewer improvements is completed, along with items referenced in MOA Section 3d, new meters set, impact fees are paid.July through Sept 2020Construction begins after annexation approved and Funds become available35 If necessary, FLWC relocates wastewater treatment plant to East Airport areaby Sept 2020Pending East Airport discussions, may not be necessary36FLWC provides City parcel for construction of new lift station and easement for new gravity main in Fiero Lane.October 2020Utilities staff currently reviewing alternative option, which would not require construction of a new lift station.MOA EXHIBIT 1EXHIBIT 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 JCJ""' day of /.1q�lk , 2019 (the "Effective Date") by and between the
City of San Luis Obispo, a municipal corporation and charter city, (hereinafter referred to as
"ClTY") 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 . vO, � to , 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
COMP ANY owes for any fu1ther 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:
I.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
in1pact 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.
FIRST AMENDMENT TO MOA EXHIBIT A
·,
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�� Qv�l,'tJc;
By:
Hei
By:aaj2-
ATTEST
APPROVED AS TO FORM
2
FIRST AMENDMENT TO MOA EXHIBIT A
Annexation Task List and Schedule (Section 9)
Fiero Lane Water Company
revised 3-6-19
Note: The schedule for uncompleted tasks requires timEIV action en the part of the FLWC, City, County, and C:::SDA (SCIP}, As such1 the dates are not within the soie control of FLWC.and may
�eed tJ be adjusted accordlngly.
TiiSkNo.
4
6
g
10
11
12
13
14
15
16
De<criptioa
tit'laJke Draft MCA -staff level
FLWC. ta organire writtt-n majority support for anne,caticn
il.WC Board approves and executvs MOA
Fl.WC Submits Application for AnneJ(atlcn
PC Hearing#l
(ity Council Hearing #1 (council apprc\les cmd executes MOA, starting
,nne-nuon and ok's pursuing L:I nd based financing)
I.AKO application submittal #1
,;.:,otont (City) pe!.rtjons l.AfCO for approwl of interim water and
'lo'oY.a�tet service
SlO.Counry approves use of gravity sewer main in Fiero Lane
�W'C-provides City written confirmation from RWQCS that East Airpor t u1t1
•lthet relocate the existing wu.stewater treatment facility operated by the
COMP .. v.lY or install a new wast...ewi,ter treatment facility on their premises.
FLWC prepares plans and bonding estimate for interim service rom,ecti::m
iLWC posts bond er cash equiva�nt for rerno�al of interim service
conP�OCUl. and ltiiti1re.1 construction
C..t\' approves interim service plam; (assuming 1 round of comments)
LAfCO Review Hearing: #1 Interim Connection
Appllaat Annexation Submittal Iv City
(Applicalll provides oll maborials needed by application d,eddist and
rcYl-tiwinc dc�rtments inckrdlng mapprcf infrastructUre and a model
�oC petfarmana, af proposed system once hooked up ta Qty utilities.)
11\W'Fffl water and sewer service begins
Fl.WC compieus Engineering Study for watEr and sewer infrastructure. wtlk.�
t·orrns. che: basis of the SCIP Engineer's Report
Original Completion Date per
MOA
10/16/2015
Complete
TBD
Compiete
Comp!ete
12/1/2015
December 2016
1/'!./2016
Complete
1/1/2016
1/1/2016
1/15/2016
February/March 2015
on or before 4/1/2016
on or before 4/1/2.016
7/1/2016
Actual Completion Date
10/16/2015
11/15/2015
12/11/2015
3/31/2015
Not app!lcable
12/15/2015
3/15/2016
7/1/2016
2/23/2016
S/lB/2016
NIA.. <$2500 so induded in
C�:,0,,1
8/10/2016
4/21/2016
Application and fee submitted
on 3/31/2015, Additional
mi!terials provided per City
request prior to interim service
an 3/25/2016
8/26/2016
3/25/2016
Proposed Completion Date Comments
fThis task wai orlgir.ally contemplated as a City/County function� The
C,om1)41in\• 1.uisted in the resotution via a jointly signed letter after
Coin�"'t'•led negotiations.
P�llllln; for permanent connection was performed first prior to City
cndoMmentof interim connection.
Meltr�f%e analy$iS and water mein configuration included, but
�rm� needed on sewer ror.nections from City eravitv main/ Ii�
,u:tcn Pt'Oiect,
"-.� :tin:. paii'lt in the onginal schedule, annexation was to proceed to c:ompletion pnor to securing funding. with the City taking the lead on the Pfoposition 218 process. The tasks below have been reorier.ted to acco.mmode� the City's revised appro:ach,
and funding Wt] be secured fi�1 iillowlng anm!x1tlon to occur following fundlng so the City car; oversee the pr�paration of engineering plans and construction inspections for the infrastructl.ire improvements.
FIRST AMENDMENT TO MOA EXHIBIT A
17 County to adopt SCJP/CSOJA Resolution, consenting use of ttle SCIP Program Not in original MOA 9/11/2018
18 City to �dopt SC1 P /CSCOA Resolution, consenting use of the SCIP ProgTil m Not in crtginal MOA 11/13/2018
19 Formal ipplicatior. for SOP fundlns for Fiero Lane anneXiltion Not in original MCA ll/26/2018
20 City/Fiero Apply for LAFCO Extension Not in original MOA. March 2019
21 LAFCO conducts public hearing on Outside Use:'s �reement Extension Not in original MOA Ma�h 2019 R�llcstint a 1-year extension, to March 2020
C"rty confirms scope of sewer improvements neceS5ar'( (if anvl prior to For inclusion In SCIP Engineer's Report, Company is also in discus.sions
22 Implementation of new gravity sewRt ind lift station Not in origtnal MOA 3/1/2019 w-hh SLO Co on street rehabilitation costs, though property-owner
fvndlne wrm be assumed if ,-,sa,y,
23 $OP Staff prepares Engineer's Report for Proposition 218 Process Not in original IYICIA. 6/1/2019 nming to bl! conf"lfm.ed by SOP staff
24 CSCOA/SCIP Resolution of Intention Not ln original MOA August 2019
25 SOP Funding Confirmed and Available Not ln original MOA October 2Cl9
26 City Council #2 Caunc:11 approves and executes LAFCO Annexation, Serv� May 21, 2019 City elected to defer annexation unt[I after funding becomes available
Authorization, Addendl.J m (April 2017)
27 LAFCO application submittal IIZ June 2019 Appliaint (City) formally petitions LAFCO for zpproval of annexation
28 LAFCO Review Hearing #2, Completing annUiltion August-September 2019 final action by LAFCO to concide with 2019 Extension request
Preparation of detai�d construction documents for permanent c:onnections,
29 �reet rehabiiltatlon, aod meter replacement (scope cf sewer improvements February 2020 Includes City approval process
to be confirmed)
30 C"rty fries Soundary Map -Secure State Boa..-d of Equalizatlon appraval. Apri�May 2C2Q finalize anr'ICXation
31 Property Owners secure City Business LicenSt!:s April-June 2020
32 Construction of water and sewer improvements is ccmp!Eted, along with Juty 2020 Construction begins after annexation apProved and Funds become
items referenced In MOA Settlon 3d, new meters set. impact fee1 are paid. available
33 FLWC provides City parcel tor construction of new lift station and easement July 2020 for new gr;;iwl� main in Fiero Lane.
34 !f necessary, FLWC relocates wastewater treatment plant to East Airport area TBD Pending EastAirport:discus.sions, mav not be necessary
FIRST AMENDMENT TO MOA EXHIBIT A
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 anal ysis 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 FL WC. The CITY reserves the right to determine
which infrastructure it will accept as CITY responsibility and which will remain the
responsibility of others. FL WC 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.
l 0. 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.
FIRST AMENDMENT TO MOA EXHIBIT A
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:
l.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 Ml 7-
15 to Ml 7-8.
3.Fiero Lane System -Manhole Ml 7-18 -cut open pipe to expose invert and access flow.
Manhole M 17-18 to M 1 7-19 -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 FL WC 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 FL WC wastewater treatment system site, or another
suitable site. FL WC 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 FL WC existing electrical servicewill 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 applicablecode 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:
FIRST AMENDMENT TO MOA EXHIBIT A
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.
FIRST AMENDMENT TO MOA EXHIBIT A
Resolution No. 10678 (2015 Series)
EXHIBIT A Page 3
MEMORANDUM OF AGREEMENT BY AND BETWEEN THE
CITY OF SAN LUIS OBISPO AND THE
FIERO LANE WATER COMPANY
This Memorandum of Agreement (MOA) is made and entered into this I day of
Oc.c.�_...-, 20-1...2_ (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, COMPANY is a mutual water company which provides water and sewer
service to property owners and their tenants within its service boundaries. A map depicting
COMPANY's service area and a listing of all properties served by COMPANY is attached
hereto as Exhibit 1, and incorporated herein by this reference; and
WHEREAS, COMPANY's service area is immediately adjacent to CITY's municipal
boundaries, but within CITY's urban reserve line and CITY's Airport Area Specific Plan
annexation area; and
WHEREAS, CITY's General Plan Water and Wastewater Element Policy No. 1.19.IA
of the Water and Wastewater Element and CITY's Municipal Code section 13.04.030 state that
the CITY shall be the only purveyor of water and wastewater services in the CITY's limits; and
WHEREAS, COMPANY and CITY have been negotiating the possible annexation of a
portion of COMPANY's service area into CITY's boundaries. A map depicting this area to be
possibly annexed is attached hereto as Exhibit 2 (the "Area") and incorporated herein by this
reference;
WHEREAS, by this MOA, COMPANY and CITY wish to set forth certain terms and
conditions regarding the anticipated annexation of the 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.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, the PARTIES agree as follows:
1.Payment of Costs and Expenses -COMPANY agrees to pay for any and all
costs and expenses related to the annexation of the Area into CITY's municipal boundaries,
including, but not limited to, all of CITY's administrative fees, consultant fees, filing fees,
planning fees, engineering fees, attorney's fees, surveying fees, inspection fees, construction
2015 MEMORANDUM OF AGREEMENT EXHIBIT A
Resolution No. 10678 (2015 Series)
EXHIBIT A Page4
costs, conditions of approval and mitigation measures related to the preparation and review of
this MOA, and all actions contemplated herein. COMPANY and CITY acknowledge and agree
that the list of permit fees attached hereto as Exhibit 3 and incorporated herein by this reference
is a fair and reasonable estimate of the anticipated permit fees associated with the Annexation.
COMPANY acknowledges and agrees that such estimate is subject to change. Within fifteen
(15)days of the Effective Date of this MOA, COMPANY shall deposit the sum of twenty five
thousand dollars ($25,000) (the "Deposit") with CITY. Such amount may be commingled with
CITY's other funds. CITY may deduct its expenses from such deposit and shall provide
COMPANY with regular invoices. COMPANY shall have thirty (30) days from the date of such
invoice to contest the expenses and charges so described. Whenever the Deposit declines to
$5,000 or less, or is insufficient to cover any anticipated costs or expenses, CITY may request an
additional deposit in an amount determined by CITY in its sole and absolute discretion.
COMPANY's failure to timely deposit such funds shall be considered a material breach of this
MOA, in which case CITY may cease any further action without any liability whatsoever.
2.Annexation of Area -Subject to the terms and conditions herein, after receiving
a written request from the COMPANY, the CITY shall hold a public hearing for the
consideration of the annexation request, and if authorized by the City Council, City shall file an
application with the San Luis Obispo Local Agency Formation Commission ("LAFCO") to
annex the Area into the CITY's municipal boundaries (the "Annexation"). COMPANY shall
provide any and all information, plans (including a plan for services), documents or signatures
needed for such application. COMPANY acknowledges and agrees that such annexation
proceedings are subject to the discretion of LAFCO, other affected agencies and protest
proceedings, and that CITY makes no guaranties, representations or warranties whatsoever
regarding any outcome of the Annexation or related process. COMPANY further acknowledges
that the Annexation is subject to environmental review pursuant to the California Environmental
Quality Act and potentially subject to certain conditions of approval and mitigation measures.
Upon annexation of the Area into the CITY's municipal boundaries (i.e. effective date of the
certificate of completion) and CITY's acceptance of the water and sewer infrastructure as set
forth in Section 3.d below, COMPANY shall forever cease operating within the Area so
annexed.
3.COMPANY Infrastructure -
a.Existing Conditions of COMP ANY Infrastructure -COMPANY acknowledges
and agrees that much of the existing water and wastewater infrastructure owned
by COMPANY being used to provide water and wastewater service to the Area
does not currently meet CITY standards for acceptance by the CITY following
Annexation. COMPANY acknowledges that the existing stormdrain infrastructure
is currently owned and maintained by the County and appears to be acceptable,
subject to the completion of specific stormdrain improvements by the County,
including cleaning and final inspection of the infrastructure prior to Annexation.
b.Required Improvements -Prior to Annexation of the Area into CITY and CITY's
provision of water and sewer to the Area, COMPANY shall upgrade the
COMPANY's water and sewer infrastructure to City standards as identified in
2015 MEMORANDUM OF AGREEMENT EXHIBIT A
Resolution No. 10678 (2015 Series)
EXHIBIT A Page 5
Exhibit 4 attached hereto and incorporated herein by this reference. In addition,
COMPANY shall coordinate with the County to arrange for the inspection and
cleaning of the existing stormdrain by the County. COMPANY acknowledges and
agrees that additional improvements to COMPANY's water and sewer
infrastructure may be needed as later determined by CITY in its sole and absolute
discretion. COMPANY further acknowledges and agrees that upon completion of
the required improvements to the water and sewer infrastructure, COMPANY
shall repair the affected right of way in its entirety to a state of good repair as
determined by the CITY's Director of Public Works. COMPANY hereby
expressly waives Labor Code section 1781 and hereby releases, indemnifies and
holds harmless CITY from and against any claim that the infrastructure
improvements required herein are subject to the payment of prevailing wages.
c.Responsibilities of COMPANY for Upgrades -COMPANY shall be solely
responsible for all aspects of completing the required infrastructure upgrades
including, but not limited to, financing, design , permitting, bidding and
construction and inspection. CITY will consider the necessary actions to establish
land based funding opportunities or other related funding mechanisms in order to
finance those public improvements that the COMPANY elects not to self-fund,
subject to property owner approval and public hearing requirements as required
by law.
d.Transfer of Infrastructure and Facilities -Upon completion of all infrastructure
upgrades, COMPANY shall provide CITY with:
1. A complete set of record drawings prepared by a registered engineer
depicting the actual conditions and the locations of the water and sewer
facilities proposed to be transferred to CITY;
11. All documents showing all of COMPANY's easements and real property
located within the Area; and
iii.Executed instruments, which shall be in a form or forms to the satisfaction
of the City Attorney, transferring all water and sewer infrastructure, and
related easements and real property within the Area to the CITY.
COMPANY acknowledges that such transfer is subject to CITY accepting
such infrastructure, easement and real property. COMPANY agrees to
furnish CITY with a title insurance policy showing title to any easement or
real property to be transferred in the name of CITY with coverage in the
amount of the fair market value the property or its replacement value, as
applicable.
COMPANY acknowledges and agrees that unless and until its water and sewer infrastructure are
accepted by CITY, COMPANY shall be solely responsible for the operation and maintenance of
such infrastructure. The CITY reserves the right to determine which infrastructure it will accept
as CITY responsibility and which will remain the responsibility of COMPANY.
2015 MEMORANDUM OF AGREEMENT EXHIBIT A
Resolution No. 10678 (2015 Series)
EXHIBIT A Page 6
4.Responsibilities of CITY -Upon final acceptance of said infrastructure and
improvements, CITY shall be responsible for operation and maintenance of the accepted water
and sewer infrastructure and the provision of water and wastewater service to the Area duly
annexed and served by such infrastructure.
5.Interim Water and Sewer Service Provision -
a.Interim Hook-Up -COMPANY represents that it has received written
confirmation of support for annexation from property owners within its service
area that represent more than 50% of the assessed value of the land within the
proposed annexation boundary. As such, COMPANY anticipates the successful
completion of Annexation. CITY and COMPANY agree that due to the time
required to complete the Annexation process, including the design and
construction of needed improvements to the infrastructure for final acceptance by
CITY, it is necessary to connect infrastructure owned and operated by
COMPANY to City's system for interim water and sewer service to properties
served by COMPANY while the annexation process and infrastructure
improvements are being completed (the "Interim Service Period"). Prior to
providing interim sewer service, the COMPANY must demonstrate to the
satisfaction of the City's Utilities Director, separation of the east and west side
wastewater flow. Prior to providing such interim water and sewer service
however, CITY shall, at COMPANY's sole expense, submit an application with
LAFCO pursuant to Government Code Section 56133 to provide new services
outside its jurisdictional boundaries. CITY and COMPANY understand and agree
that approval for such extraterritorial service is within the discretion of LAFCO.
COMPANY further acknowledges and agrees that CITY's obligation to provide
interim water or sewer service is subject to amendment of Chapter 13.16 of the
CITY's Municipal Code in order to allow water and sewer service outside of the
City's limits. Should LAFCO deny such application or should CITY's Municipal
Code not be so amended, CITY shall have no obligation whatsoever to provide
COMPANY with water or sewer service prior to Annexation. COMPANY further
acknowledges and agrees that CITY shall have no obligation whatsoever to
provide interim water and/or sewer service under this Section 5 unless and until
COMPANY provides CITY with all necessary documents for the City's
Annexation application to initiate proceedings for the annexation of the Area into
the City's boundaries. During the Interim Service Period, COMPANY shall
continue to provide its customers with water and sewer service and shall retain full
and absolute responsibility for operations, maintenance and repair of all
facilities up to the point of connection of COMPANY facilities to CITY's
system. Connection to the CiTY's water and sewer systems will require approval
of final connection plans by the CITY's Utilities and Public Works Directors. All
discharges into the City's sewer system shall comply with all CITY regulations;
the CITY reserves the right to prohibit any discharge into the CITY's sewer
system from COMPANY's service area during the Interim Service Period.
b.Prior to interim hook-up, COMPANY shall provide CITY with written
confirmation from the Central Coast Regional Water Quality Control Board
("RWQCB") that East Airport, also known as the Morabito-Burke and Senn
Glick commercial developments, can either relocate the existing wastewater
2015 MEMORANDUM OF AGREEMENT EXHIBIT A
Resolution No. 10678 (2015 Series)
EXHIBIT A Page 7
treatment facility operated by the COMPANY or install a new wastewater
treatment facility on their premises. At a minimum, the written confirmation must
specifically reference the Fiero Lane Water Company, Wastewater Discharge and
Water Recycling Requirements Order NO. R3-2004-0154, Morabito-Burke and
Senn-Glick commercial developments or East Airport, permission to relocate and
site the Fiero Lane Water Company treatment facility or site a new wastewater
treatment facility at Morabito-Burke and Senn-Glick commercial developments,
and be signed by the R WQCB's Executive Officer or his designee. In addition, if
the facility is not relocated prior to Annexation, the COMPANY shall also
provide to City written confirmation and documentation as required by CITY that
COMPANY is technically and financially capable of the relocation of the facility
to the location and in accordance with the R WQB's requirements. Financial
documentation can include a bond, letter or guarantee or other documentation
acceptable to CITY.
c.During the Interim Service Period, the CITY will be designing and constructing a
replacement for the existing sewer gravity main in Fiero Lane and the Airport
sewer pump station that will serve the Area. The CITY will work with
COMPANY to identify locations for these replacement facilities and COMPANY
agrees to grant easements to the CITY for both the pump station and gravity main
in the location to be determined later as otherwise reasonably required by CITY.
d.Payment for Service -COMPANY shall be responsible for paying any and all
rates and fees associated with the provision of water or sewer service during the
Interim Service Period as described in this Section until transfer of COMPANY
sewer and water infrastructure to CITY is complete and CITY service to
individual properties served by COMPANY is established.
i.Upon connection of COMPANY to CITY water service and cessation of
COMPANY (well) water service to the properties listed in Exhibit 1,
COMPANY shall be billed for wastewater service based upon metered
water use consistent with CITY practices for billing non-residential
customers in the City.
ii.During the Interim Service Period, water service rates shall be at normal
rates in effect at the time of service unless the COMPANY is not in
compliance with the Schedule (defined below) or is otherwise in default of
any term or condition of this MOA, in which case such rates shall be two
times the normal rate in effect at the time of service or as determined by
the CITY's Director of Utilities.
iii.During the Interim Service Period, sewer service rates shall be at normal
rates in effect at the time of service unless the COMPANY is not in
compliance with the Schedule or is otherwise in default of any term or
condition of this MOA, in which case such rates shall be two times the
2015 MEMORANDUM OF AGREEMENT EXHIBIT A
Resolution No. 10678 (2015 Series)
EXHIBIT A Page 8
normal rate in effect at the time of service or as determined by the CITY's
Director of Utilities.
6.Improvement and Performance Bond -Prior to COMPANY connecting to
CITY for interim water and sewer service as set forth in Section 5.a above, COMPANY shall, at
COMPANY's sole expense, obtain improvement bonds or other similar assurances in favor of
CITY guaranteeing the costs and expenses for the following:
a.The processing of the Annexation application; and
b.The removal of the water and sewer improvements for interim water and sewer
service and restoration of the affected area.
The amount of each of the bonds shall be determined by the CITY's Director of Utilities, in his
or her sole and absolute discretion. The CITY reserves the right to increase the amount of such
bonds in the event the anticipated costs and expenses to perform the work guaranteed by such
bond are greater than the amount so bonded.
7.Water, Wastewater, and Recycled Water Development Impact Fees -
a.Water and Wastewater Development Impact Fees. Subject to the terms and
conditions herein, COMPANY shall pay the water and sewer development impact
fees in place as of the Effective Date and the fees identified for the City's
replacement of the Airport sewer pump station to serve the Area, which are more
particularly described in Exhibit "3 & 4" attached hereto and incorporated herein.
These 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. The impact fee payment(s) shall be paid at time of Annexation.
b.Recycled Water Development Impact Fee. Subject to the terms and conditions
herein, at the time of Annexation, COMPANY shall pay CITY a recycled water
development impact fee, the amount of which shall the lesser of:
i.The recycled water portion of the water impact fee at the time of
Annexation based on an analysis of the equitable portion of the recycled
water improvements assigned to the proposed Annexation Area, but not to
exceed $80,000; or
11. The cost of installation, as determined by CITY's Engineer, at the time of
Annexation for a 10 inch ductile iron recycled water line fronting 4211
Broad, 850 Fiero Lane, and 845 Fiero, in Broad Street (approximately 830
feet).
8.Existing and Future Development. Upon annexation, the PROPERTY may be
further developed consistent with CITY policies, rules and regulations including, but not limited
2015 MEMORANDUM OF AGREEMENT EXHIBIT A
Resolution No. 10678 (2015 Series)
EXHIBIT A Page9
to, the General Plan, the Airport Area Specific Plan (AASP), and other provisions of the
Municipal Code and state law.
a.Non-Conforming Uses. COMPANY recognizes that certain existing uses within
the Area are not permitted or may be conditionally permitted under CITY's
zoning regulations and land use policies and that such non-conforming uses are
entitled to remain and continue pursuant to CITY's non-conforming land use
regulations. Non-conforming uses existing as of the date of Annexation shall be
allowed to relocate within the same parcel as of the date of Annexation CITY will
endeavor to integrate such non-conforming uses into, and to provide for such uses
within the Area in the next revision of the CITY's zoning regulations and Airport
Area Specific Plan ("AASP").
b.Expansion of Existing Uses. Nothing herein is intended to limit the addition or
expansion of otherwise conditionally allowable uses, consistent with existing City
procedures for review and approval of such additions and/or expansions.
c.Non-Conforming Structures. CITY recognizes that certain structures within the
Area lawfully existing as of the date of Annexation are legal non-conforming
structures and may remain pursuant to CITY's non-conforming structure
regulations. CITY acknowledges that such regulations allow the right to maintain
and make reasonable repairs to such structures and to replace the structures
consistent with CITY regulations. Changes to structural elements (with the proper
CITY permit), interior partitions or other nonstructural improvements and repair
may be made to any of the structure.
9.Term and Termination of Agreement -This MOA shall become effective as of
the Effective Date and shall remain in effect until the Area is annexed and the water and sewer infrastructure are accepted by CITY pursuant to Section 3 above, unless sooner terminated as
provided herein. CITY and COMPANY acknowledge and agree that the Annexation Task List
and Schedule (the "Schedule") attached hereto as Exhibit "5" and incorporated herein by this
reference, represents a fair and reasonable schedule for performance of the Annexation and other
tasks and obligations as contemplated herein. This MOA may be terminated by either party upon
the other party's failure to substantially comply with the benchmarks set forth in the Schedule
provided that, prior to such termination, the party seeking to terminate provides written notice of
such failure to comply and a reasonable opportunity to cure such failure. CITY and COMPANY
acknowledge and agree that the Schedule shall be adjusted to account for delays which are out of
the reasonable control of either CITY or COMPANY. CITY and COMPANY agree that time is
of the essence in completing the work identified in Exhibit 5 of this MOA. COMPANY and
CITY agree that all upgrades to the water and sewer infrastructure and right of way as described
in Section 3 above shall be completed to CITY's satisfaction prior to Annexation of the Area into
CITY's municipal boundaries. This MOA may be terminated by CITY without prior notice in
the event of bankruptcy or insolvency of COMPANY. This MOA may also be terminated by
CITY upon successful protest of the Annexation.
2015 MEMORANDUM OF AGREEMENT EXHIBIT A
Resolution No. 10678 (2015 Series)
EXHIBIT A Page 10
10.Liability and Indemnification -
a.Release of Liability -COMPANY acknowledges and agrees that CITY is not, and
shall not be, in any way liable for any damages or injuries that may be sustained
as the result of the CITY's performance of this MOA.
b.Indemnification -To the fullest extent provided by law, COMPANY shall
indemnify, defend (with counsel reasonably acceptable to CITY) and hold
harmless CITY, its officials, employees, agents and contractors from and against
any and all liability, costs, expenses (including attorney's fees), demands,
lawsuits, arising from or related this MOA, CITY's provision of water or sewer
service to COMPANY and COMPANY's customers during the Interim Service
Period or the annexation of COMPANY's the Area to CITY. Notwithstanding the
foregoing, COMPANY shall have no duty to indemnify or defend CITY for the
proven gross negligence or willful misconduct of CITY.
11.Insurance -During the term of this MOA, COMPANY shall have in full force
and effect a commercial general liability insurance policy covering personal injury and property
damage in the minimum coverage amounts of $1,000,000 per occurrence. City shall be named an
additional insured under said policy.
12.Successors, Heirs and Assigns -This MOA shall bind and inure to the benefit of
the heirs, successors, assigns and personal representatives of the PARTIES. This MOA may not
be assi gned without the prior written approval of the PARTIES.
13.Amendment and Modification -This MOA may be amended, extended, or
canceled at any time by mutual consent of the PARTIES or their successors in interest.
14.Notices -Unless otherwise specified herein, any notice which any party may or is
required to give shall be given by personal service or by depositing such notice with the U.S.
Postal Service, postage pre-paid, to the mailing address given below, or at such other place as
may be designated by the party in writing from time to time. Notice shall be effective upon the
date of personal delivery or 3 days after date of mailing.
If to City:
With copy to:
If to COMPANY:
City of San Luis Obispo
Attn: Community_ Development Director
919 Palm Street
San Luis Obispo, CA 9340 l
City of San Luis Obispo
Attn: City Attorney
990 Palm Street
San Luis Obispo, CA 93401
Fiero Lane Water Company
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2015 MEMORANDUM OF AGREEMENT EXHIBIT A
Resolution No. 10678 (2015 Series)
EXHIBIT A Page 11
15.Implied Obligations -COMPANY and CITY shall reasonably cooperate to
achieve the purposes of this MOA, and shall execute or provide as requested such other
documents and information as are reasonably necessary to achieve those purposes.
16.Construction -When the context of any provision requires it, the singular shall
be held to include the plural, and the masculine shall be held to include the feminine gender.
Should any provisions of this MOA require judicial interpretation, it is understood by the
PAR TIES and agreed that a court interpreting or construing same shall not apply a presumption
that the terms hereof shall be more strictly construed against one party by reason of the rule of
construction that the document is to be constructed more strictly against the party who prepared
it sine the parties agree that both have participated in the preparation of this document with the
assistance of counsel.
17.Authority to Sign and Binding Effect -The parties executing this MOA
personally warrant that they have the full authority to enter into this MOA on behalf of the
agency or entity for which they are signing, and that said agency or entity will be legally bound
to the MOA by their signature hereto.
18.Counterparts -This MOA may be executed in counterparts.
IN WITNESS WHEREOF, this Memorandum of Agreement is executed on the date
above stated, at San Luis Obispo, California.
CITY OF SAN LUIS OBISPO FIERO LANE WATER COMPANY
ATTEST
By:�___:_�.,J,.#==-��������� Jon &f.1�<11:a
APPROj ED AS TO F
2015 MEMORANDUM OF AGREEMENT EXHIBIT A
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c FLWC Boundary LJ Parcel Base Map
Fiero Lane Mutual Water Company
Service Area Map
1 inch = 500 feet
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2015 MEMORANDUM OF AGREEMENT EXHIBIT A
MOA Exhibit 1 Resolution No. 10678 (2015 Series)
EXHIBIT A Page 13
Properties Served by FLWC (West Side of Broad Street)
APN APN APN APN
076-411-054 076-413-035 076-414-023 076-414-047
076-415-007 076-413-027 076-414-021 076-414-052
076-415-006 076-413-011 076-414-007 076-414-045
076-415-012 076-413-002 076-414-039 076-414-030
076-415-013 076-413-016 076-400-010 076-414-049
076-415-015 076-413-037 076-413-023 076-414-029
076-415-009 076-414-032 076-413-009 076-400-004
076-415-014 076-413-026 076-413-013 076-414-031
076-414-009 076-413-024 076-413-003 076-414-051
076-412-001 076-413-034 076-413-019 076-414-050
076-414-016 076-400-007 076-400-005 076-415-005
076-414-012 076-400-006 076-413-020 076-415-008
076-414-013 076-413-018 076-414-041 076-412-007
076-414-014 076-413-022 076-414-037 076-412-002
076-414-011 076-413-032 076-414-038 076-412-008
076-414-015 076-413-005 076-414-042 076-411-039
076-412-009 076-413-007 076-414-043 076-415-010
076-414-010 076-413-006 076-414-036 076-415-011
076-415-016 076-413-008 076-414-034 076-400-013
076-414-006 076-413-015 076-414-033 076-401-043
076-400-014 076-400-011 076-414-025 076-401-032
076-414-022 076-413-031 076-414-026 076-401-065
076-414-019 076-413-030 076-414-054 076-411-055
076-413-010 076-400-012 076-414-027 076-415-003
076-414-017 076-400-003 076-414-053 076-415-004
076-414-008 076-413-028 076-414-028 076-415-001
076-414-003 076-413-012 076-413-033 076-415-002
076-412-003 076-413-021 076-414-024 076-401-064
076-413-004 076-413-001 076-414-001 076-414-055
076-414-004 076-414-018 076-414-044 076-413-038
076-413-029 076-414-020 076-414-040 076-400-001
076-413-017 076-413-036 076-414-035 076-415-017
076-413-014 076-414-005 076-414-048
076-413-025 076-414-002 076-414-046
2015 MEMORANDUM OF AGREEMENT EXHIBIT A
Resolution No. 10678 (2015 Series)
EXHIBIT A
APN
076-511-040
076-512-008
076-512-030
076-511-025
076-512-024
076-512-033
076-512-023
076-512-022
076-512-004
076-512-025
076-512-026
076-512-001
076-512-002
076-512-003
076-512-006
076-512-005
076-512-009
076-512-017
076-512-028
076-512-015
076-512-011
076-512-010
076-512-012
076-512-007
076-512-029
076-512-032
076-512-031
076-511-038
076-512-034
076-511-039
076-511-041
076-512-035
076-512-036
Properties Served by FLWC (West Side of Broad Street)
MOA Exhibit 1
Page 14
2015 MEMORANDUM OF AGREEMENT EXHIBIT A
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Fiero Lane Proposed Annexation
Proposed Annexation
Boundary
San Luis Obispo
City Limits
I �,.50 J Parcel Boundary
(Acreage)
®
1 inch= 3,000 feet
0 2,000 4,000 Feet I I I J I
2015 MEMORANDUM OF AGREEMENT EXHIBIT A
Department Description
Administration Economic Impact of Annexation Study
CDD Annexation -City process
CDD S-Overlay
CDD master use permit
CDD CEQA
Applicant Fish& Game Fees
Applicant Lafco Annexation Fees
Util Lafco Oustide services agreement
Applicant State Board of Equalization fees -record annexation
PW Encroachment Permit
PW ROW improvements
PW Upgrades required for Fire
Util Water (Citywide; 64.6 EDUs@ $10,775/EDU):
Util Landscape meters
Util Sewer (Citywide: 64.6 EDUs @ $3,729/EDU):
Util Sewer (Tank Farm 64.6 EDUs @ $3,630/EDU):
Util Sewer (Airport 64.6 EDUs@ $2,710.54/EDU):
Util Required upgrade costs for interim connection
Util Required upgrade costs for annexation
Util Recycled Water line
City Attorney's Office Legal Review Fees
Finance CFD/Landbased financing fees
Total
*3/4" meter - 1 EDU= $10,775
* 1" meter = 1.7 EDU = $18,317
* 1 1/2" meter = 3.4 EDU= $36,633
** 3/4" meter = 1.0 EDU = $7,359 + Airport lift Station add on fee of approximately $2,500/EDU
** 1" meter= 1.7 EDU= $12,510 + Airport lift Station add on fee of approximately $2,500/EDU
** 1 1/2" meter = 3.4 EDU= $24,655+ Airport lift Station add on fee of approximately $2,500/EDU
****Included in annexation cost as part of pre-zoning
Amount s s
$ s s s
$
$
$
TBD
TBD
TBD
$
$
$
$
$
$
$
$
Comments
7,500
21,447 -included in annexation
3,250
2,556 Assumes MND
2,260
10,000
3,500
1,200 based on assumption of less than 51 acres
696,065 Estimate
Waiting on details from applicant
234,498 Estimate
240,893 Estimate
176,101 Estimate (not approved by Council yet)
WIP target is December 23rd
WIP target is December 23rd
200,000 Rough estimate for guidance, will likley change
45,000 Rough estimate for guidance
125,000 Rough estimate for guidance
1,769,270
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2015 MEMORANDUM OF AGREEMENT EXHIBIT A
MOA Exhibit 4 Resolution No. 10678 (2015 Series)
EXHIB[T A
Required Infrastructure Improvements
Page 17
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 C[TY maintenance and operation. FL WC 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 FL WC. 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 oflntent, 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 pumpmg
facilities.
5.Replace fire hydrants with CITY standard hydrants.
2015 MEMORANDUM OF AGREEMENT EXHIBIT A
Resolution No. 10678 (2015 Series)
EXHIBIT A
MOA Exhibit 4
Page 18
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:
I.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 Ml 7-
15 to Ml7-8.
3.Fiero Lane System -Manhole Ml 7-18 -cut open pipe to expose invert and access flow.
Manhole Ml 7-18 to Ml 7-19 -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 FL WC prior to tie over.
5.Abandon existing FL WC gravity main once laterals are tied over to deeper ai rport 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 FL WC wastewater treatment system site, or another
suitable site.
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 storrndrain 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
2015 MEMORANDUM OF AGREEMENT EXHIBIT A
Resolution No. 10678 (2015 Series)
EXHIBIT A
MOA Exhibit 4
Page 19
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.
2015 MEMORANDUM OF AGREEMENT EXHIBIT A
Resolution No. I 0678 (2015 Series)
EXHIBIT A
Annexation Task List and Schedule
Fiero Lane Water Company
revised 12-1-2015
Task No. Description
1 Finalize Draft MOA -staff level
2 HWC to organize written majority support for annexation
3 FLWC Board approves and executes MOA
4 FLWC Submits Application for Annexation
6 City Councll Hearing #1 (council approves and executes MOA,starting
annextaion and ok's pursuing Land based financing)
llAFCO application submittal #1
7 i�pplicant (City) petitions lAFCO for approval of interim water and
wastewater service
8 SLO County approves use of gravity sewer main In Fiero Lane
FLWC provides City written confirmation from RWQCB that East Airport can
9 either relocate the existing wastewater treatment facility operated by the
1COMPANY or install a new wastewater treatment racility on their premises.
10 HWC prepares plans and bonding estimate for Interim service connection
11 fFLWC posts bond or cash equivalent for removal of interim service
connection, and initiates construction
12 City approves interim service plans {assuming 1 round of comments)
13 11.AFCO Review Hearing #1
14 i"ppllcant Annexation Submlttal to City
r,applicant provides all materials needed by application checklist and
reviewing departments including maped infrastructure and a model
showing performance of proposed system once hooked up to City service)
15 Interim water and sewer service begins
16 FLWC prepares Engineering Study for water and sewer infrastructure, which
forms the basis or the Assessment Engineer's Report
17 PC Review Hearing #Z (AnneNation)
18 City approves Engineering Study (assuming 2 rounds of comments)
19 1Clty Council #2 (Council approves and executes LAFCO Annexation, Service
Authorization, Addendum
20 ILAFCO application submittal #2
Applicant (City) formally petitions LAFCO for approval of annexation
21 flWC prepares Assessment Engineer's Report for impact fees and
�nfrastructure upgrades
23 lAFCO Review Hearing #2
24 •f necessary, City prepares and approves master Use Permit or other
method to address existing uses
25 City completes Proposition 218 process and creates assessment or financin1
district
26 financing District funds become available
27 HWC prepares construction plans and specffications for infrastructure
Improvements
28 City reviews and approves plans (assumlr'lg 2 rounds of comments)
29 Construction of water and sewer improvements is completed, along with
items referenced in MOA Section 3d.
30 City accepts constructed improvements and sets new meters.
22 FLWC provides City parcel for construction of new lift station and easement
for new gravity main in Fiero Lane.
31 If necessary, FLWC rek:Jcates wastewater treatment plant to East Airport
.area
32 Annexation completed and impact fees paid
MOA Exhibit 5
Page 20
Completion Date Comments
10/16/2015
Complete Majority support to include greater than 50% of total assessed value of
western service area
TBD
Complete
12/1/2015
Take council reso to lafco. Lafco authorizes MOA (Interim service December agreement)
1/1/2016
Complete
1/1/2016
1/15/2016
1/15/2016
February/March 2016 2 to 3 month time line rrom application submittal to hearing
on or before 4/1/2016 Application submittal must be deemed complete prior to step 15
on or before 4/1/2016
7/1/2016 Study includes lot by lot analysis of meter size for impact fees.. City will
provide input on restoration of fjero Lane pavemenL
September 2016 !Date dependent on applicant submittal of complete application
materials
9/30/2016
November 2016 Date dependent on applicant submittal of complete application
materials and PC recommendation
12/1/2016 ·� to 6 month time line from application submittal to hearing
12/1/2016
4/1/17
4/1/2017
4/1/2017
7/1/2017
10/1/2017
1/15/2018
7/1/2019
9/1/2019
9/1/2019 �eplacement of the City's Airport Lift Station was identified in 2015-17
financial Plan, Capital Improvement Plan.
12/1/2019
1/1/2020
2015 MEMORANDUM OF AGREEMENT EXHIBIT A
CLARION CT
AERO VISTA LNFIERO LN BROAD
S
T
SANTA FE RD6.83
2.29
2.13
2.3
2.2
1
2.03
2.4 2.43
1.77
1.28
1.27
1.23
0.8
0.950.88
0.62
0.4 0.54
0.48 0.46
0.30.35 0.33
0.32
0.29
0.23 0.23 0.220.22
Fiero Lane Proposed Annexation
Proposed AnnexationBoundary
San Luis ObispoCity Limits
Parcel Boundary
612 CLARION COURTSAN LUIS OBISPO, CA 93401805 544-4011 www.wallacegroup.us
CIVIL ENGINEERINGCONSTRUCTION MANAGEMENTLANDSCAPE ARCHITECTUREMECHANICAL ENGINEERINGPLANNINGPUBLIC WORKS ADMINISTRATIONSURVEYING/GIS SOLUTIONSWATER RESOURCESWALLACE SWANSON INTERNATIONAL
0 2,000 4,000 Feet
0 0.5 10.25 Miles
1 inch = 3,000 feet
Z
1.50 (Acreage)
EXHIBIT A