HomeMy WebLinkAbout07/03/1990, 5 - DEFERRING LANDSCAPE PLANTING DURING MANDATORY WATER CONSERVATION. • Original agenda rept from 6/6/90 and 6/19/90 meet! ;.
MEETING DATE: 7:(
city Of San WIS OBISPO - �ilsill � A/ M
00174 COUNCIL AGENDA REPORT
FROM: William T. Hetland Prepared by Allen Short
Utilities Director Water Division Manager
SUBJECT: Deferring landscape planting during mandatory water
conservation.
RECOMMENDATIONS:
Adopt a resolution establishing deferral of new landscape planting
during mandatory water conservation to become effective on June 1,
1990, rescinding Resolution No. 6610 (1989 Series) .
BACKGROUND:
The goal of the 1990 Water Conservation Program is to implement an
effective program that supports and encourages conservation. The
City Council, at the April 17, 1990 meeting, approved the
establishment of a mandatory 35 percent reduction in water
consumption. To assist in the achievement of a long-term reduction
in consumption, staff prepared and outlined the water conservation
program.
One of the components of that program is the development of several
ordinances and resolutions which if approved, will set City policy
and help reduce water use. The policies would help both short and
long-term water use. They are:
-Retrofit upon the sale or transfer of title. Will require
the residential or commercial properties to be retrofitted
upon sale or transfer of ownership. This will be coming to
Council in the future on a date yet to be determined.
Deferral of new landscape planting during mandatory water
conservation. Will require planting as condition of
building being delayed while mandatory water conservation is
in place.
At the April 17, 1990 meeting, the Council approved in concept the
1990 Water Conservation Program. The Council also directed staff
to return with both items in the final ,form. The retrofit upon
sale is very complex both administratively and legally. Staff is
working on the details and when it is completed it will be brought
before the City Council for approval.
The Deferral of New Landscape Planting Resolution was adopted
May 2, 1989 (Resolution No. 6610) . However, there was some
question as to the actual authority of the Community Development
Director or City Engineer to unilaterally defer landscape planting
which had been required by the City Council, Housing Commission,
Architectural Review Commission or other decision-making body.
ti Thus the deferral relied upon voluntary actions by the applicant.
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i1 city of san iuis osispo
INIGN COUNCIL AGENDA REPORT
Deferring Landscape Planting Resolution
Page 2
Staff has produced a draft modification of the Resolution to
provide definitive authority to defer landscape planting during
mandatory water conservation.
CONSEQUENCES OF NOT TARING ACTION:
This resolution directly affects the Utilities' Department's
ability to properly implement a full-scale water conservation
program. The incremental savings of water through deferring
landscaping will be delayed or unobtainable. The City's goal of
efficiently using its water resource will be adversely affected and
may result in furthering unnecessary depletion of water storage.
In addition, the message being sent to the community is not
consistent with the City's conservation policy.
FINANCIAL IMPACT:
DEFERRAL OF NEW LANDSCAPE PLANTING DURING MANDATORY WATER
CONSERVATION
Many building projects approved by the City require the
installation of landscaping. To comply with this condition of
development, the developer sometimes puts up a bond or cash
deposit. The bond is returned if the project is completed to the
satisfaction of the City. To insure that the landscaping is
installed after the water shortage is over may require that
security in the form of a bond, Certificate of Development, Letter
of Credit, cash deposit or other means acceptable to the City, be
put up for a longer period of time than usual. If not installed
within a reasonable time frame, the cost to install landscaping may
increase to a level beyond the original bid price. This will be
a concern to the contractors/ developers.
The actual cost to contractors/developers in unknown at this time.
CONCURRENCES:
The Community Development Director and City Attorney concur with
this recommendation.
RECOMMENDATION:
Adopt a resolution establishing deferral of new landscape planting
during mandatory water conservation to become effective on June 1,
1990 and rescind Resolution No. 6610 (1989 Series) .
Attachments: Draft Resolution
Resolution No. 6610, 1989 Series
Policy on Construction Security Deposits Memo
ML
RESOLUTION NO. (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DEFERRING LANDSCAPE PLANTING DURING MANDATORY WATER CONSERVATION
RESCINDING RESOLUTION NO. 6610 (1989 SERIES)
WHEREAS, the City of San Luis Obispo has experienced four
consecutive years of lower than normal rainfall which has
resulted in lower than normal reservoir levels; and
WHEREAS, the City Council has adopted Water Allocation
Regulations and a Mandatory Water Conservation Program; and
WHEREAS, the City Council acknowledges that water is a
limited resource and desires to improve the effectiveness of
water use and avoid nonessential uses of water; and
WHEREAS, the City Council recognizes the deferral of all new
landscape planting as a means to reduce overall water use in the
City.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City
of San Luis Obispo resolves as follows:
1. During mandatory water conservation, there will and shall be
a deferral of all new landscape planting which requires
potable city water for irrigation in city parks or on the
grounds of city buildings.
2. New planting, while mandatory water conservation is in
effect, shall not be a basis for increasing the target water
use levels for a customer.
3. Planting required as a condition of a building permit,
architectural review, use permit, subdivision, or planned
development approval to be irrigated with potable city
water, will and shall be deferred during mandatory water
conservation. The City Engineer or the Community
Development Director will approve such deferrals. There
should be an appropriate guarantee, as outlined in the
Policy on Construction Security Deposits Document, that the
planting will be completed within 90 days of the end of
mandatory conservation or other appropriate time as
determined by the City Engineer or the Community Development
Director.
Upon motion of , seconded by and
on the following roll call vote:
AYES:
NOES:
ABSENT:
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Resolution No. (1990 Series)
The foregoing resolution was passed and adopted this day of
1990.
MAYOR RON DUNIN
ATTEST:
PAM VOGES, CITY CLERK
APPROVED:
CITY AD NISTRATIVE OFFICER
COMMUNITY DEVV&PMENT DIRECTOR
i
��#T
RESOLUTION NO. 6610 (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DEFERRING LANDSCAPE PLANTING DURING MANDATORY WATER CONSERVATIOI
WHEREAS, the City of San Luis Obispo has experienced three consecutive years of
lower than normal rainfall, which has resulted in lower than normal reservoir levels; and
WHEREAS, the City Council has adopted Water Allocation Regulations and a Mandatory
Water Conservation Program; and
WHEREAS,the City Council acknowledges that water is a limited resource and desires
to improve the effectiveness of water use and avoid nonessential uses of water,
NOW, THEREFORE, the council resolves as follows:
I. During mandatory conservation, there shall be no new landscape planting which
requires potable city water for irrigation in city parks or on the grounds of city
buildings.
2 New planting while mandatory conservation is in effect shall not be a basis for
increasing the target water use levels for a customer.
3. Planting required as a condition of building-permit, architectural-review,
use-permit, subdivsion, or planned-development approval, to be irrigated with
potable city water, may and should be deferred. The City Engineer or the Community
., DeveIopment Director may approve such deferrals. There should be appropriate
�i guarantee that the planting will be completed within 90 days of the end of mandatory
conservation, or other appropriate time as determined by the City Engineer or the
Community DeveIopment Director. The City Engineer or the Community Development
Director may require completion of certain planting prior to project occupancy where .•
such completion has been explicitly required as a condition of project approval or
as environmental mitigation.
Councilmembez Councilman
On motion l e: seconded by _Sn r*I e and on the
following roll call vote:
APES: Councilmembers Rappa and Settle, and Mayor Dunin
NOES:. None-
ABSENT: Vice Mayor Pinard and Councilmember Re is s
the foregoing resolution was passed and adopted. this -2nd day of May _ 1989.
r Ron Dunin MOON-"
AT7L i /! .
V
City Clerk Pam V es
city of SAn luis omspo ,
il5 990 Palm Street/Post Office Box 8100• San Luis Obispo, CA 93403.8100
January 11, 1990
TO: Bill Statler, Director of Finance
Wayne Peterson, City Engineer
Randy Rossi, Interim Community Development Director
VIA: John Dunn, City Administrator
FROM: Jeff Jorgensen, City Attornep� x�I71
SUBJECT: Policy on Construction Security/'Deposits
After several meetings in the fall, it was agreed by Finance,
Community Development and Engineering to try and eliminate cash
deposits for construction guarantees.
Bob Illman of my office was tasked with drafting "acceptable"
documents to be used in lieu of cash.
What is attached is the proposed policy statement. My thought is
that the signatures of the involved departmental heads will
"memorialize" it. Then, the rest of the pages can be used at the
counter in explaining to the public what is required.
Given the fact that the promissory notes will be available for low
monetary amounts with limited risk, the implementation of the
policy should not inconvenience the public significantly.
JJ/sw
attach.
1"8Q
Inter-Departmental Trial Policy
on
Construction Security Deposits
It is customary for both the Engineering and Community
Development Departments to require members of the public to furnish
security deposits to guarantee the performance of acts or
agreements related to construction projects.
It is not uncommon for these security deposits to be posted
in the form of cash. Since January 1, 1986, the City is required
to pay interest on all cash deposits which we bank or invest.
(Gov. Code § 53079. ) The statutory formula for computing interest
is somewhat complicated. The Finance Department has suggested that
the Engineering and Community Development Departments consider
alternative deposit forms to the cash deposit.
In the past, various forms of cash alternatives have been
accepted, but there has never been a written policy on what is
acceptable. . Instead, informal consultation has taken place on a
case-by-case basis. In order to make the process of handling
security deposits easier for the public and the personnel of the
departments involved, the following policy is agreed to on a trial
basis, effective until June 30, 1990, unless earlier amended by
mutual agreement of the department heads who have signed below.
This policy shall be reviewed by all departments involved at
least 20 days prior to its expiration.
APPROVED:
l
Director of Finance
Ci �gineer
Community Devel6iment Director
APPROVED AS TO FORM:
tt zne
Attachment• Policy Statement vith Exhibits
City of San Luis Obispo
Policy on Construction Security Deposits07
464
1. Effective immediately, no cash or cash equivalent (check,
cashier's check, etc. ) ,-deposits will be accepted as security where
security is required by either the Community Development or
Engineering Department, to guarantee the performance of any act or
agreement related to a construction project.
2. Notwithstanding the size -bf , the deposit, the following
forms of guarantee are acceptable forms for required security
deposits:
Certificates of Deposit
To be acceptable the Certificates must be made out on a form
which clearly identifies the Payor bank, and an unconditional
promise to pay the City of San Luis Obispo.
Letters of Credit
Irrevocable letters of credit will be accepted provided that
they appear in substantially the same form as the sample
letter. (Exhibit 1) . Substantial agreement shall mean that
the letter of credit must indicate:
(1) by its title that it is irrevocable;
(2) the City of San Luis Obispo must be the beneficiary;
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(3) the entire sum is available to the City upon written
demand;
(4) the letter is issued in accordance with and shall
be interpreted in accordance with Division 5 of the
California Commercial Code;
(5) the letter must remain valid for at least one year,
or more, from issue date;
(6) no mention of the project or work which is being
guaranteed may appear on the letter.
Unconditional Performance Bonds. Guarantees. or Notes Issued
by Certain Institutions
Instruments, while not qualifying as letters of credit, which
are issued by bonding companies or financial institutions may
be accepted if they include an unconditional promise to pay
upon demand to the City the sum of the deposit. All such
instruments shall be reviewed by the City Attornev prior to
acceptance.
3. For deposits of one thousand dollars ($1,000:00) or less,
the department involved may accept a promissory note on the
attached form (Exhibit 2) , provided that the department has no
reason to refuse the depo'sitor's note. Any of the following shall
/ constitute reason to refuse to accept a promissory note:
(1) within the past 12 months, the depositor has given
to the City of San Luis Obispo a check which was
subsequently dishonored;
(2) within the past 24 months, the depositor has failed
to complete a construction project for which
security has been given by the required deadline;
(3) the department involved has verified information
that a stop notice or mechanics lien has. been filed
against the depositor, and has ripened into a civil
suit filed in a Superior Court within the State of
California;
(4) The depositor has a primary business or home address
outside the County of San Luis Obispo, Monterey or
Santa Barbara.
All promissory notes signed by a corporate officer on behalf of the
corporation shall also be signed by the same individual as a
guarantor on the note.
C4. The following types of security shall not be acceptable:
(1) Passbooks purporting to pledge a savings account;
(2) Any document, otherwise acceptable, which makes the
City and the depositor joint tenants or co-owners
of payment rights;
(3) Any document, otherwise acceptable, which requires
that the City first establish, as a condition to
collection, that the depositor has failed to
satisfactorily complete the act or work guaranteed.
0 2
e&9
�'OR C22'X :FILING`,.
PROMISSORY NOTE
issued to
The City of San Luis Obispo,payee
(hereafter "City")
by
maker(s)
(hereafter "Maker")
who, in consideration for the City issuing a permit or contract
involving a construction project under the regulatory control of
the City, do(es) hereby promise to pay to the order of the City,
upon demand, the sum of
dollars ($ ) .
FURTHER, the makers hereto waive notice of dishonor, presentment
and protest prior to collection on this note.
It is the intention of the parties hereto that this Note constitute
a negotiable instrument under Division 3 of the California
Commercial Code. While this Note is given by the maker as security
for an act or work on a particular construction project, demand for
payment is not in any way conditioned upon a failure of
performance or governed by any other agreement between the maker
and the payee.
Maker
Maker
(if signed at city counter, a city
WITNESS employee shall sign here, otherwise
the note must be notarized)
If this Note is signed by an officer on behalf of a
corporation, the following must also be completed.
,Maker
As an Individual and not as a
Corporate Representative
WITNESS
nJ�,
19_ Ref. No. (Bank ref. if any)
IRREVOCABLE LETTER OF CREDIT
(Bank name) . being a financial institution which is
subject to regulation by the State of California or by the Federal
government, as issuer of this Irrevocable Letter of Credit, on
behalf of its customer, (name of depositor) , hereby establishes
this Letter of Credit on behalf of
The City of San Luis Obispo
in the amount of ($ ) ,
payable upon written notice from the beneficiary through its
Director of Finance that the entire sum, or a portion thereof is
due.
This Credit is available in portions at the discretion of the
beneficiary. This Credit is nontransferrable and nonassignable.
This Letter of Credit is issued in accordance with and shall be
interpreted in accordance with Division 5 of the California
Commercial Code (Section 5101, et sec. ) and the rights of all.
parties shall be governed thereby.
This Cedit .will >}
exp�.re at midnight on , :'
i9,y,. Demands for payment .zeceived after this datewll not<'
be honored and w31 be cohsdered ni �ndkvoid' ' Y'"
NOTE: THE MATERIAL IN A % 'sF`
A A t
THE BOX MAY BE NCLUDED, $UT IS}NOT$ <
NECESSARY ":' �syax .: . �
1 1 \ Y i1�i:+'<:-0:�•Y�f/Y4 � +M F r +}'vt 4 �y.:f' ::2 Y Q i � t.
Y v
Dated this day of 19 at San Luis Obispo,
California.
NAME OF FINANCIAL INSTITUTION
By
Name of Officer,
Corporate Officer (NOTE: OFFICIAL SIGNS AS CORP. OFFICER)
(THE NAME AND/OR SIGNATURE OF THE DEPOSITOR MAY APPEAR BELOW, BUT
ONO REFERENCE TO THE PROJECT SHOULD BE MADE) '� I
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