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Home My WebLink About10/20/1998, C3 - AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO CONCERNING AERO DRIVE, A PUBLIC STREET GIVING ACCESS TO THE AIRPORT FROM BROAD STREET, IN CONNECTION WITH THE PROPOSED AERO DRIVE ANNEXATION Council ".*LfDie 10-20-98 j acenaa uepont °."�`` CITYOF SAN LUIS O B I S P O FROM: Arnold B.Jonas,Community Development Director ° Prepared By: Glen Mattesossociate Planner SUBJECT: Agreement with the County of San Luis Obispo concerning Aero Drive,a public street giving access to the Airport from Broad Street,in connection with the proposed Aero Drive Annexation CAO RECOMMENDATION Approve and authorize the Mayor to sign an agreement with the County of San Luis Obispo concerning parking management,maintenance, and related matters on Aero Drive. DISCUSSION On May 5, 1998, Council approved a package of items supporting annexations of the Fuller Road Area and of three adjacent parcels north of Aero Drive. In hearings leading to that action, County staff had expressed some concerns about annexing the Aero Drive right-of-way. While the road provides access to land proposed to be annexed, it also serves as an entry to the .County-owned and operated Airport. Discussions between City staff and County staff broadened the list of original issues and also led to a proposed written agreement that would address each agency's interests. The agenda report for May 5 discussed the issues in some detail. A draft agreement was presented on May 5, but not all County staff needing to review it had done so before that meeting. At that meeting, Council directed staff to finalize the staff review and negotiations and return with a recommended agreement Staff has done so. The agreement covers enforcement of parking rules (which would remain a County responsibility), improvement and maintenance of the road, and coordination of development on sites fronting the road and needing to work in the right-of-way for such things as utility connections. The agreement actually applies whether or not the road is annexed, but its main purpose is to avoid a potential County objection to its annexation. The attached draft agreement is the same as the one last presented to Council. As this report was prepared, the draft agreement was being reviewed by County Counsel in preparation for presentation to the County Board of Supervisors on October 27. CONCURRENCES The draft agreement incorporates recommendations from the Public Works Department, Utilities Department,and City Attorney. Council Agenda Report-Agreement with County concerning Aero Drive Page 2 ALTERNATIVES Council may direct staff to negotiate other provisions. Council may continue action for other reasons. Any changes will need to be discussed with and approved by the County. It would be best to approve an agreement before the anticipated November 19 annexation hearing of the Local Agency Formation Commission. FISCAL IMPACT No significant cost or revenue changes will result from the recommended action. Attachment Draft agreement AGREEMENT BY AND BETWEEN THE CITY OF SAN LUIS OBISPO AND THE COUNTY OF SAN LUIS OBISPO CONCERNING AERO DRIVE This agreement is made and entered into this day of 1998, by and between the City of San Luis Obispo, a chartered municipal corporation, (hereinafter referred to as CITY") whose address is 990 Palm Street, San Luis Obispo, California 93401; and the County of San Luis Obispo, a general law county, (hereinafter referred to as "COUNTY," located at the County Government Center in San Luis Obispo. CITY and COUNTY shall hereinafter be referred to collectively as "PARTIES." RECITALS WHEREAS, CITY has recommended that the Local Agency Formation Commission of San Luis Obispo County approve Annexation No. 52 to the City of San Luis Obispo, also known as the Aero Drive Area Annexation (City File No. 12-97); and WHEREAS, this annexation is proposed to include the Aero Drive right-of-way, from Highway 227 (Broad Street) to a point approximately 650 feet westerly from Highway 227, and fronting privately owned land to the north of Aero Drive; and WHEREAS, Aero Drive is a main entry to the San Luis Obispo County Airport, which is owned and operated by COUNTY; and WHEREAS, PARTIES desire the continued successful operation of the Airport and supporting facilities; and WHEREAS, PARTIES desire the effective and efficient improvement and maintenance of the Aero Drive roadway and associated frontage, and of the public utilities that are or may be installed within the right-0f--way, and coordination with development of the fronting, privately owned land; and NOW THEREFORE, in consideration of the mutual promises, covenants, and agreements stated herein, PARTIES agree as follows: 1. Parking Management. Within the Aero Drive right-of-way, the following shall apply, regardless of whether or not the right-0f--way is annexed by CITY: A. The rules for parking shall continue to be established by COUNTY only. B. Enforcement of parking rules shall be the responsibility of COUNTY (and to the extent consistent with State and local law, the County Sheriff or the California Highway Patrol). C�-3 Aero Drive Agreement Page 2 C. If needed, City shall amend its Municipal Code from time to time to effect this Agreement. D. All revenues from parking use charges and fines shall be paid to, and be the property of, COUNTY; accounting for these revenues shall be the responsibility of COUNTY. E. The day-to-day administration of parking matters shall be the sole responsibility of the Airport Manager, or his or her designee. F. COUNTY shall indemnify CITY for all actions taken by COUNTY involving parking management. G. CITY and COUNTY each shall make all reasonable effort to inform developers of property fronting Aero Drive in their respective jurisdictions of this arrangement for parking management, early in the course of development review. 2. Roadway and Montage Improvements. PARTIES anticipate improvements to the Aero Drive roadway as the Airport and adjacent properties are developed or further developed. Such improvements may include additional width or depth of paving. Frontage improvements may include curb, gutter, sidewalk, driveway approaches, street trees, and streets signs. COUNTY may make such improvements in connection with implementation of the anticipated Airport Master Plan or for other reasons. CITY may require developers of fronting property to snake such improvements, consistent with CITY standards, when fronting property within the city limits is developed. 3. Roadway and Frontage Maintenance. If Aero Drive is not annexed, the roadway and frontage improvements shall be maintained by COUNTY, or by owners of fronting property where so required by COUNTY's codes and standards. If Aero Drive is annexed, the roadway and frontage improvements shall be maintained by CITY, or by owners of fronting property where so required by CTTY's codes and standards. 4. Work in the Right-0f-Way. If Aero Drive is not annexed, work by a private party within the Aero Drive right-of-way shall be subject to an encroachment permit by COUNTY, and if any utilities or other facilities operated by CITY would be affected may be subject to an additional encroachment permit by CITY. If Aero Drive is annexed, work by a private party within the Aero Drive right-of-way shall be subject to approval of an encroachment permit by CITY only. 5. Street Lights. Each PARTY shall require fronting development under its jurisdiction to provide street lighting to appropriate standards. If Aero Drive is annexed, street lights shall be installed and maintained to CITY standards. 6. Term of Agreement. The term of this agreement shall begin upon the date shown above and shall continue for thirty years, provided that at any time this agreement may be modified or.terminated by mutual consent of PARTIES. (23-Y Aero Drive Agreement Page 3 7. Amendments, Time Extension, or Cancellation. This agreement may be amended, extended, or canceled at any time by mutual consent of the PARTIES or their successors in interest. IN WITNESS WHEREOF, this agreement is executed on the date stated above at San Luis Obispo, California. CITY OF SAN LUIS OBISPO, A Chartered Municipal Corporation BY: Mayor Allen Settle ATTEST: City Clerk Lee Price APPROVED AS TO FORM: ty o ey J Jor6fensen COUNTY OF SAN LUIS OBISPO BY: Michael Ryan Chair, Board of Supervisors ATTEST: Clerk of the Board APPROVED AS TO FORM: County Counsel (as TING AGENDA s . L.Jll ITEM #_C Exhibit A R 155-97 AERO DRIVE AREA ANNEXATION. ANNX 12-97 & ZONING Fffl 6,A O 'A P ED NEXAMON AREA msm �ONCIL �N DIR C-A*0 ❑ FIRE CHIEF C ❑� CI PW DIR C�RKIORIG ❑ PGLIC' CHF Q' TEAM ❑ REC DIR ❑ UTIL DIR ❑ ❑ PERS DiR PORT DRIVE N 0 100 200 Meters City of San Luis Obispo-Corm-unity Development Dept. 2-25-98