HomeMy WebLinkAboutItem 6h. Approve a Funding Contribution Agreement with County of SLO for Buckley Road Improvements Item 6h
Department: Public Works
Cost Center: 5010
For Agenda of: 6/6/2023
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Luke Schwartz, Transportation Manager
SUBJECT: APPROVE A FUNDING CONTRIBUTION AGREEMENT WITH THE
COUNTY OF SAN LUIS OBISPO FOR BUCKLEY ROAD
IMPROVEMENTS
RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, authorizing the City Manager to execute a Funding Contribution
Agreement with the County of San Luis Obispo to fund Buckley Road Improvements” to
contribute $230,000 in fees paid by the Avila Ranch development to San Luis Obispo
County for Buckley Road transportation improvements.
POLICY CONTEXT
On October 3, 2017, the City Council approved a Development Agreement with Avila
Ranch, LLC (“Avila Ranch”) by Ordinance No. 1639 (2017 Series). Under Section 7.11.b
of the Development Agreement, Avila Ranch agreed to provide $230,000 to the City to
fund operational improvements to the Davenport Creek and Buckley Road Intersection,
contributing to the costs for initial design, construction documents, and right-of-way
acquisition. As noted in this section of the Development Agreement, this requires the City
to work with the County to enter into any necessary agreements to act as a conduit for
the Avila Ranch funding contribution towards these improvements. The purpose of this
staff report is to request that the Council approve a resolution (Attachment A) authorizing
execution of said agreement to approve transfer of $230,000 in fees already paid to the
City by Avila Ranch to the County for use in funding a Buckley Road Corridor Plan.
DISCUSSION
Background
In fall of 2017, the City Council approved a Development Plan and certified the Final
Environmental Impact Report (EIR) for the Avila Ranch development. In addition, the
Council approved Ordinance No. 1639 (2017 Series) (Attachment B), approving a
Development Agreement between the City and Avila Ranch. Pursuant to the
Development Agreement, Avila Ranch was to pay $230,000 to the City to be used towards
future transportation improvements at the County-maintained intersection of Buckley
Road and Davenport Creek Road. The Development Agreement noted that the City and
County would need to enter into a separate agreement to authorize the transfer of these
funds from the City to the County.
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Item 6h
The County Public Works Department is now initiating a Buckley Road Corridor Plan,
which will include planning and design work to guide future operational and safety
improvements along Buckley Road, including improvements to the intersection of Buckley
Road and Davenport Creek Road. While final design details are yet to be confirmed, other
improvements are anticipated to include shoulder widening to add Class II bike lanes,
and potential widening at intersections to improve vehicle turning movements and sight
lines. To help fund this effort, the County is requesting that the City transf er these
developer fees, which have already been paid to the City by Avila Ranch with recordation
of their Phase 1 Final Map in 2021. The funding contribution agreement is provided for
reference as Exhibit 1 to the Resolution in Attachment A.
Previous Council or Advisory Body Action
On October 3, 2017, the City Council approved Ordinance 1639 (2017 Series), approving
a Development Agreement with Avila Ranch. The Development Agreement required Avila
Ranch to contribute funds towards future improvements to the County-maintained
Buckley Road corridor.
Public Engagement
This item is on the Council Agenda for the June 6, 2023 , meeting and will follow all
required postings and notifications. The public will have an opportunity to comment on
this item in-person or via written correspondence at or before this meeting.
CONCURRENCE
The Director of the Finance Department and City Attorney’s Office concur with the staff
recommendation.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to the recommended
action in this report because the action does not constitute a “Project” under CEQA
Guidelines Section 15378. Any future physical improvements proposed as a result of
planning and design activities funded via this agreement would require the necessary
environmental reviews and studies prior to implementation.
FISCAL IMPACT
Budgeted: No Budget Year: 2022-23
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
Developer Fees $230,000 $230,000 $0 $0
Total $230,000 $230,000 $ $
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Item 6h
There is no direct fiscal impact to the City associated with executing the attached
Resolution and funding contribution agreement. The agreement authorizes the transfer
to the County of developer fees already paid to the City and previously contractually
obligated for the explicit use of funding planning, design, or construction of improvements
to Buckley Road.
ALTERNATIVES
Do not authorize execution of the Funding Contribution Agreement. This is not
recommended, as this action could delay the County’s plans for developing improvements
to the Buckley Road Corridor, which was the intended use of this funding and would be
inconsistent with the City’s obligations under the development agreement for the use of
these funds.
ATTACHMENTS
A - Draft Resolution approving a Funding Contribution Agreement with the County of San
Luis Obispo for Buckley Road Improvements
B - Exhibit A to the Draft Resolution - Funding Contribution Agreement with SLO County
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R ______
RESOLUTION NO. _____ (2023 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A FUNDING CONTRIBUTION AGREEMENT WITH THE
COUNTY OF SAN LUIS OBISPO TO FUND BUCKLEY ROAD
IMPROVEMENTS
WHEREAS, the City certified the Avila Ranch Development Environmental Impact
Report and entered into a Development Agreement with Avila Ranch, LLC (“Avila Ranch”)
on October 3, 2017 by Ordinance No. 1639 (2017 Series); and
WHEREAS, under Section 7.11.b of the Development Agreement, Avila Ranch
agreed to provide $230,000 (the “Funds”) to the City to fund operational improvements to
the Davenport Creek and Buckley Road Intersection, including the costs for initial design,
construction documents, and right-of-way acquisition (the “Project”); and
WHEREAS, Section 7.11.b of the Development Agreement requires the City to
work with the County and enter into any necessary agreements to act as a conduit for the
Avila Ranch funding contribution to the Project; and
WHEREAS, the development of Buckley Corridor Plan constitutes a preliminary
step in the initial design of the Project; and
WHEREAS, the Project’s functional area constitutes approximat ely ten percent
(10%) of the overall Buckley Corridor; and
WHEREAS, the Funds may be utilized, in addition to other aspects of the Project,
to fund a proportionate share of the cost of the Buckley Corridor Plan; and
WHEREAS, the City has collected the Funds from Avila Ranch and seeks to
transfer said funds to the County for implementation of the Project.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The Council hereby authorizes the City Manager to execute a
Funding Contribution Agreement with the County of San Luis Obispo for Buckley Road
Improvements (Exhibit 1).
SECTION 2. The Council hereby authorizes the Finance Director or their designee
to prepare and submit payments to the County of San Luis Obispo pursuant to the terms
of the final executed Agreement (Exhibit 1).
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Resolution No. _____ (2023 Series) Page 2
R ______
SECTION 3. Environmental Review. No environmental review is required for
execution of this agreement, as the proposed actions are not a “project” un der CEQA
Guidelines Section 15378.
Upon motion of Council Member ___________, seconded by Council Member
___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _______________ 20 23.
___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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CONTRIBUTION AGREEMENT
THIS AGREEMENT, ENTERED INTO EFFECTIVE ON ___________________
is between the COUNTY OF SAN LUIS OBISPO, a political subdivision of the State of
California (“County”), and the CITY OF SAN LUIS OBISPO, a charter city within the
State of California (“City”).
RECITALS
WHEREAS, the City certified the Avila Ranch Development Environmental
Impact Report and entered into a Development Agreement with Avila Ranch, LLC (“Avila
Ranch”) on October 3rd, 2017 by Ordinance No. 1639 (2017 Series); and
WHEREAS, under Section 7.11.b of the Development Agreement, Avila Ranch
agreed to provide $230,000 (the “Funds”) to the City to fund operational improvements to
the Davenport Creek and Buckley Road Intersection, including the costs for initial design,
construction documents, and right-of-way acquisition (the “Project”); and
WHEREAS, Section 7.11.b of the Development Agreement requires the City to
work with the County and enter into any necessary agreements to act as a conduit for the
Avila Ranch funding contribution to the Project; and
WHEREAS, the development of Buckley Corridor Plan constitutes a preliminary
step in the initial design of the Project; and
WHEREAS, the Project’s functional area constitutes approximately ten percent
(10%) of the overall Buckley Corridor; and
WHEREAS, the Funds may be utilized, in addition to other aspects of the Project,
to fund a proportionate share of the cost of the Buckley Corridor Plan; and
WHEREAS, the City has collected the Funds from Avila Ranch and seeks to
transfer said funds to the County for implementation of the Project.
NOW THEREFORE, the parties hereto intend to define herein the terms and
conditions under which the City will transfer the Funds to the County for implementation
of the Project.
SECTION I
City Agrees:
1. To transfer the balance of the Funds to the County for the implementation of the
Project.
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2. To defend, indemnify, and hold harmless the County, its Board of Supervisors,
officers, directors, agents, employees, and volunteers from and against all
demands, claims, actions, liabilities, losses, damages, and costs, arising out of or
resulting from the performance of this Agreement, caused in whole or in part by
the negligent or intentional acts or omissions of the City’s officers, directors,
agents, employees, or subcontractors.
SECTION II
County Agrees:
1. To accept the Funds from the City and utilize them in the implementation of the
Project, including but not limited to, funding a proportionate share of the
Buckley Road Corridor Plan.
2. To defend, indemnify, and hold harmless the City, its City Council, officers,
directors, agents, employees, and volunteers from and against all demands,
claims, actions, liabilities, losses, damages, and costs, arising out of or resulting
from the performance of this Agreement, caused in whole or in part by the
negligent or intentional acts or omissions of the County’s officers, directors,
agents, employees, or subcontractors.
3. To comply with the California Environmental Quality Act (CEQA) in the
implementation of the Project and to be fully responsible for implementing any
and all environmental commitments set forth in the environmental
documentation, permit(s), agreement(s), and /or environmental approvals.
SECTION III
It is Mutually agreed:
1. If County terminates the Project prior to completion, the County shall return any
remaining Funds for redistribution by the City.
2. No alteration or variation of the terms of this agreement shall be valid unless
made by a formal amendment executed by the parties hereto, and no oral
understanding or agreement not incorporated herein shall be binding on any of
the parties hereto.
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IN WITNESS THEREOF, the parties hereto have executed this Agreement, and this
Agreement shall become effective on the date shown signed by the last signatory to this
Agreement.
COUNTY OF SAN LUIS OBISPO CITY OF SAN LUIS OBISPO
By _________________________ By ______________________
Chairperson of the Board of Supervisors Derek Johnson, City Manager
City of San Luis Obispo
Attest: Attest:
___________________________
Ex-Officio Clerk of the Board of Supervisors
By _________________________ By _______________________
County Clerk City Clerk
Approved for Legal Form and Effect: Approved for Legal Form and Effect
RITA NEAL, County Counsel CHRISTINE DIETRICK, City Attorney
By ________________________ By _______________________
Deputy County Counsel City Attorney
Approved as to Content: Approved as to Content:
By _______________________ By _______________________
John Diodati Matt Horn
Public Works Director Public Works Director
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