HomeMy WebLinkAboutR-11425 authorizing a Funding Contribution Agreement with the County of San Luis Obispo to fund Buckley Road ImprovementsR 11425
RESOLUTION NO. 11425 (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 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, 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. 11425 (2023 Series) Page 2
R 11425
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 Shoresman, seconded by Council Member
Pease, and on the following roll call vote:
AYES: Council Member Francis, Pease, Shoresman, Vice Mayor Marx, and
Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 6th day of June 2023.
___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
Markie Kersten
Assistant 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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6/12/2023 | 7:57 AM PDT
CONTRIBUTION AGREEMENT
This Agreement, entered into and 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 Teresa Purrington, 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 Markie Kersten, Assistant City Attorney
on behalf of Christine Dietrick
Approved as to Content: Approved as to Content:
By _______________________ By _______________________
John Diodati Matt Horn
Public Works Director Public Works Director
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