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HomeMy WebLinkAbout02/19/2008, C4 - MEMORANDUM OF UNDERSTANDING FOR AIR POLLUTION MITIGATION MEASURES FOR IRISH HILLS PLAZA DEVELOPMENT council M�°e° February 19,2008 acenbA uepoin C I TY OF SAN L U IS O B I S P O FROM: Jay Walter, Public Works Director Prepared By: Brigitte Elke, Principal Administrative Analyst Peggy Mandeville, Principal Transportation Planner SUBJECT: MEMORANDUM OF UNDERSTANDING FOR AIR POLLUTION MITIGATION MEASURES FOR IRISH HILLS PLAZA DEVELOPMENT CAO RECOMMENDATION 1. Approve a Memorandum of Understanding (MOU) between City of San Luis Obispo, the Air Pollution Control District (APCD) and Madonna Enterprises to develop a Class I bikeway to satisfy an air quality mitigation measure for the Irish Hills Plaza development and authorize the Mayor to execute the MOU on behalf of the City. 2. Direct staff to present Council with an Easement Agreement at a later date governing the rights and responsibilities of Madonna Enterprises and the City concerning the Class I bikeway over Madonna Enterprises' property. 3. Waive application and permit fees related to this project. DISCUSSION Background Irish Hill Development The Irish Hills Plaza is a commercial development located on Los Osos Valley Road at Froom Ranch Way. It has been developed by Madonna Enterprises to include COSTCO, Linens-n- Things, Circuit City, Old Navy, PetSmart, BevMo, Office Max and various other retailers. As a part of the Final Environmental Impact Report for the Irish Hills Plaza project, the developer was required to work with the Air Pollution Control District (APCD) to implement measures to reduce vehicle emissions in accordance with Mitigation Measure AQ/mm-11(a). Air Pollution Control District Mitigation Requirements Mitigation measure AQ/mm-I I(a) of the Irish Hills Plaza Project Final Environmental Impact Report required Madonna Enterprises to implement mitigations acceptable to APCD during and post construction of the shopping center. One of the possible mitigation measures suggested "assistance in the implementation of projects that are identified in City or County Bicycle Master Plans." APCD and Madonna Enterprises have negotiated in good faith resulting in the proposed development of an extension to the City of San Luis Obispo's Class I bikeway network. APCD Cy� CAR Memorandum of Understanding—Irish Hills Plaza Mitigation Page 2 and Madonna Enterprises have agreed that the design and construction of the bikeway extension will fulfill the Air Quality Mitigation Measure AQ/mm-lla by improving alternative transportation circulation and enhancing public safety in a specified location with the fewest environmental impacts. This proposed extension of the City's bike path system will mitigate for air emissions that are over and above APCD's established significance thresholds for the Irish Hill's development project. Project Mitigation and Developer's Proposal Madonna Enterprises has proposed to plan for, design and construct a Class I bikeway as shown, in conceptual form, on Attachment 1 "Proposed Bicycle Path Extension". As defined in the City's Bicycle Transportation Plan, a Class I bikeway (bike path) provides a right of way reserved for bicycles and pedestrians that is completely separated from streets. The proposed Class I bikeway.will run adjacent to the west side of Highway 101 to connect the Marsh Street public right-of-way with the Madonna Road public right-of-way across land owned by the Madonnas'. Madonna Enterprises proposes the construction of a bike path in this location as a way to preserve clean air, reduce traffic congestion and noise, conserve land and energy resources; and promote good health and safety. In addition to meeting the APCD's mitigation measures, the proposed bike path will present a direct benefit to the residents of San Luis Obispo and allow for a critical connection for bicycle travel to the west side of town. To fulfill APCD requirements and to allow Madonna Enterprises to begin the design phase of the bicycle path extension, this Memorandum of Understanding was requested by APCD and will allow for the development of easement agreement between the City of San Luis Obispo and Madonna Enterprises. Current Proposal for Bike Path The Class I bikeway project proposed by Madonna Enterprises is identified in the City's Bicycle Transportation Plan. Once constructed, the bikeway will provide an alternative Class 1 path for pedestrians and bicyclists wishing to access the other side of the freeway without having to travel over the Madonna Road bridge next to six lanes of vehicle traffic. The Class I bikeway is envisioned to be used for both recreation and commuting purposes. The Class I bikeway will improve access for pedestrians and cyclists traveling north toward downtown and south toward the Oceanaire neighborhoods, Laguna Middle School and the retail services west of Highway 101. The Class I bikeway will also improve access for visitors at the Madonna Inn wanting a car-free route to the Cerro San Luis Trail head and visitors wanting to walk or bicycle to downtown San Luis Obispo. Staff is very supportive of the project since it would develop a segment of the City's non- motorized circulation system at no cost to the City. The City's Bicycle Transportation Plan contains over 50 projects totaling over $53 million in cost. Bikeway funding comes from grants, Transportation Impact fees, mitigation fees, and the City's General Fund. If the City were to initiate development of this segment of the Class I bikeway, costs would be incurred for land acquisition/easement, design, and construction; costs that will be assumed by Madonna Enterprises with this proposal. . cy 2 CAR Memorandum of Understanding—Irish Hills Plaza Mitigation Page 3 Since Madonna Enterprises offers to design and construct a bike path that goes far beyond the required mitigation measures by APCD and will provide a planned segment of the City's Bicycle Transportation Plan otherwise to be paid for by the City, they are asking that Council waive all permitting fees, once the project enters the respective stages. Those fees include applications for architectural review, environmental review, building permit, and inspection fees. Staff supports this request equating this project to City capital improvement projects that are exempt from these fees. Next Steps Madonna Enterprises, the City, and APCD have agreed to work cooperatively to ensure the bicycle path is consistent with the needs of the City, the Bicycle Transportation Plan, and the Highway Design Manual. Upon approval of the MOU, the.City and Madonna Enterprises will utilize the framework set forth in the MOU to draft an easement agreement governing the rights and responsibilities of those parties concerning the public bike path over Madonnas' property. The easement agreement will be recorded in the chain of title of the Madonnas'property. CONCURRENCES The Natural Resource Manager and APCD agree with this mitigation measure and support the planned bike path. The Community Development Director has agreed with the concept of waiving applicable fees. The City Attorney has reviewed and approved the language in the MOU agreement. FISCAL IMPACT There is no fiscal impact by approving the attached MOU, however the City will incur costs for maintaining the bike path once it is constructed. The additional cost for maintenance of this bike path will be included for approval in the 2009-2011 Financial Plan. ALTERNATIVES 1. The City Council could deny the MOU as presented. This is not recommended since Madonna Enterprises could opt to pay for the mitigation measures for air pollution mitigation and the funding could be used at the APCD's discretion. 2. The City Council could choose to modify the MOU. Concrete direction should be given to staff and the applicant as to the desired changes. ATTACHMENTS 1. Exhibit `A', Proposed Bicycle Path Extension 2. Memorandum of Understanding C�3 ' p a W ' +. e y�� , w 00 r -o COD re, %. _ `�`U U '7 {�f,/,�•! 1' COD Q 0 ` � Z 1.4 ts 14 ui I r, O i y4 Z Fa"��•. mow" __I�i... Cy ATTACHMENT 2 MEMORANDUM OF UNDERSTANDING AMONG SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT, CITY OF SAN LUIS OBISPO,AND MADONNA ENTERPRISES REGARDING EXTENSION OF A PORTION OF A CLASS I BICYCLE PATH IN THE CITY OF SAN LUIS OBISPO, CALIFORNIA This Memorandum of Understanding ("MOU") is entered into this day of , 2008, between the San Luis Obispo County Air Pollution Control District (the "DISTRICT"), the City of San Luis Obispo (the "CITY"), and Madonna Enterprises (all collectively referred to as the "Parties"). The Parties hereby agree as follows: 1. PURPOSE This MOU is intended to provide a framework for the Parties to work cooperatively and to further coordinate and develop the proposed extension of the CITY's bicycle and pedestrian path (hereinafter the "bicycle path extension") adjacent to the west side of State Highway 101 south bound ramp/Marsh Street bridge,beginning at the southerly fence line of the Madonna property, through the Madonna Inn parking field and onto Madonna Road. Madonna Enterprises agrees to design and construct a Class I bicycle path on private property that will provide a physical connection for bicyclists and pedestrians between the public right of ways beginning/ending at Marsh Street and Madonna Road. 2. THE BICYCLE PATH EXTENSION PROJECT Exhibit "A", attached hereto and incorporated herein, illustrates, in conceptual form, an intended general location for the bicycle path extension on Assessor's Parcel Nos. 002-481-002, 004-511-009, 010 and 001 (hereinafter called the "MADONNA PROPERTIES"). The exact design and location of the proposed bicycle path extension will be established through cooperation and agreement of all the Parties. The Parties recognize the need to provide safe access and the importance of the proposed bicycle path extension to increase existing bicycle paths as a way of preserving clean air, reducing traffic congestion and noise, conserving land and energy resources, and promoting good health. 3. CONCEPTUAL AGREEEMENT The purpose of this MOU is to express the Parties' conceptual agreement for the bicycle path extension and related issues. Specifically, the Parties are in conceptual agreement on the following: a. The DISTRICT and MADONNA ENTERPRISES agree that the design and construction of the bicycle path extension will fulfill the Air Quality Mitigation Measure AQ/mm-1 la. as stated in the Final Environmental Impact Report ("FEIR") for the Irish Hills Plaza project to reduce vehicle emissions. The proposed bicycle path extension will mitigate for air emissions that are over and above the DISTRICT established significance threshold levels for ROG, Nox, and CO. (See Air Quality Report, Irish Hills Plaza, San Luis Obispo, California, Morro Group, Inc., June 18, 2007) C y-s Page 1 ATTACHMENT ; b. MADONNA ENTERPRISES will plan for, design and construct a Class I bicycle path to improve alternative transportation circulation, extend the existing bicycle paths in the City, and enhance public safety in a specified location with the least environmental impacts. The Parties will work cooperatively together to ensure the bicycle path is consistent with the needs of the CITY and the Bicycle Transportation Plan (City of San Luis Obispo,May 2002, rev. February 2007), and the Highway Design Manual. It is the intention of the Parties that the final bicycle path design and location be established as soon as possible. Operational aspects of the bicycle path extension easement(e.g., hours of availability, etc.) shall be cooperatively determined by the CITY and MADONNA ENTERPRISES. c. MADONNA ENTERPRISES will design and construct the proposed bicycle path extension, including all surveying, engineering, utility construction or relocation, grading and drainage improvement, paving, fencing, signage and lighting (if proposed) for that portion of the bicycle path extension located on the Madonna properties. d. MADONNA ENTERPRISES will be responsible for the preparation of the environmental assessment,pursuant to the California Environmental Quality Act, to identify and prevent potentially significant impacts through the use of alternatives or mitigation measures. The environmental assessment will be submitted to the CITY for review and approval. The CITY will act as "Lead Agency" for the project and provide timely review of the environmental document(s). e. The CITY and MADONNA ENTERPRISES will provide each other necessary information and assistance regarding the development of the proposed bicycle path extension, including without limitation, executing, acknowledging, and delivering all documents reasonably requested by one of the Parties or required by any governmental authority. f. MADONNA ENTERPRISES agrees to provide the design and construction of the proposed bicycle path extension based upon the attached schedule (See Exhibit "B"). The CITY agrees to review,process and approve the proposed bicycle path extension plans and specifications in a timely manner. g. Based upon the proposed bicycle path extension project's compliance with City of San Luis Obispo City Council Resolution No. 8965 (1999 Series), a resolution of the Council adopting a City donation/acceptance policy, the CITY agrees to waive all permit and/or building fees for the proposed bicycle path extension. The CITY agrees to provide inspection services during the construction of the proposed bicycle path extension at no fee to MADONNA ENTERPRISES. h. MADONNA ENTERPRISES agrees to provide a private easement for public purposes in perpetuity for the proposed bicycle path extension on the MADONNA PROPERTIES. The CITY agrees to maintain the requisite liability insurance, name MADONNA ENTERPRISES as additional insured, and hold harmless MADONNA ENTERPRISES in perpetuity from actions by third parties arising from the public use of the bike path and not caused by the sole or active negligence of MADONNA ENTERPRISES. Page 2 _ ATTACHMENT 2 i. The CITY agrees to maintain only the bicycle and pedestrian path extension on the MADONNA PROPERTIES not used for other purposes (such as parking and circulation for the Madonna property), in perpetuity pursuant to the noted Maintenance, Monitoring& Construction (City of San Luis Obispo Bicycle Transportation Plan, May 2002, rev. February 2007). Maintenance of proposed fencing along the bicycle path extension,shall be the responsibility of the CITY with the exception that, should said fencing incur damage that is not a result of bicycle path extension use, MADONNA ENTERPRISES shall be responsible for its repair. j. Each of the Parties shall,to the fullest extent permitted by law, indemnify and hold each of the other Parties harmless against any and all costs, expenses, losses, claims, suits, damages, and liabilities (including reasonable attorney's fees) for acts or omissions arising out of or in connection with this MOU. 4. GENERAL PROVISIONS The following are general provisions of this MOU: a. All coordination, assistance and services rendered as party to the development of reasonable and feasible solutions to improve current and future traffic safety and circulation needs for the bicycle path extension under this MOU will be carried out in compliance with the objectives and responsibilities of the Parties. Nothing in this MOU shall be in conflict with the responsibilities of any of the participating Parties as defined in Federal, State, or local law, statue, regulation, or participating Parties' policies and procedures. b. The Parties will exchange information and consult with each other before implementing the provisions hereof that may affect the ability of any other party to perform under this MOU. c. This MOU shall be utilized as a framework as the CITY and MADONNA ENTERPRISES draft an Easement Agreement to be recorded in the chain of title of the MADONNA PROPERTIES that sets for the rights and responsibilities of those respective parties concerning the public bike path over the MADONNA PROPERTIES. 5. ROLES AND RESPONSIBILITIES The Parties shall each designate in writing a single point of contact to ensure their respective responsibilities are satisfied. All future correspondence regarding this MOU shall be directed to the designated single points of contact. 6. EFFECTIVE DATE, TERMINATION AND MODIFICATION a. The MOU will become effective when executed by all Parties. This MOU may be executed in counterparts. This MOU may be amended by written instrument executed by all the Parties. C �7 Page 3 ATTACHMENT 2 b. If the bike path is not completed within two (2)years following the signing of this MOU or if this MOU is terminated by either of the Parties, these separate and individual actions will represent non-compliance with the intent of AQMM-11 and necessitate MADONNA ENTERPRISES to renegotiate appropriate mitigation with APCD. SAN LUIS OBISPO COUNTY CITY OF SAN LUIS OBISPO AIR POLLUTION CONTROL DISTRICT By: By: Mayor Dave Romero Dated: Dated: MADONNA ENTERPRISES By: Vice-President, Clint Pearce Dated: APPROVED AS TO FORM: Jonathan 1,ow ;City Attorney Page 4 I L452g / L svCDD DIR RECEIVED FIN DIR RED FILE Ev PW DIFIRE RHIEF F tg 19 1808 MEETING AGENDA Rla POLICE CHF DA ITEM #� DEPT HEADS REc DIR SLO CITY CLERK 11^ -- `�, UTIL DIR a "' l�HR DIR +� CC�� K From: Susan Ellenbogen [mailto:pelican@onepost.net] Sent: Tuesday, February 19, 2008 8:39 AM To: Hooper, Audrey subject: 2/19/08 Consent Item 4 Importance: High To the City Council, I read with pleasure today that Madonna Enterprises'will be building a bike path from the hotel to downtown. However, I was dismayed to read that the paili will not actually get one to downtown, but will stop on the WEST side of the freeway. I live just a few blocks east of the freeway, and I know from experience how life-endangering it is to try to walk from Higuera to the west side of the freeway to access the hills. There is no possible way to do it except by running across three lanes of cars entering the freeway. I can't imagine how bikes will do this! The city's acceptance of such a path may well expose it to liability for death and injury resulting from such obviously poor planning. I urge you to approve the bike path ONLY on the condition that the path continue, traffic free, all the way to Higuera Street. Thank you for your consideration of this urgent matter. Sincerely, Susan Ellenbogen 1312 Carmel St. SLO 93401 805-594-1694 2/19/2008 RED FILE MEETING AGENDA QE ON San Luis Obispo County Bicycle DATEaoa �[io�# C� PO Box 14860 • San Luis Obispo, CA 93406-4860 RECEIVED 1`78 1. 9 2008 Adam Fukushima, Executive Director Phone: 805-547-2055BIC Ie COafIOIIISLO CITY CLERK Email: adamf@slobike-l6a�ne.or COD San Luis Obispo City Council 4� CAONCIL �1 FIN D©RR 990 Palm Street In ACRO le FIRE CHIEF San Luis Obispo, CA 93401 SPATTORNEY ip PW DIR p Iff CLERK/ORIO q POLICE CHF January 15, 2008 ❑ DEPT HEADS OPEODIA 4a Pip ® UTIL DIM Dear Honorable Mayor Romero and Members of Council, c o tL/vc c L K C,4G I would like to address item C4 on the agenda for the upcoming February 19`x' city council y-CLOP-9C meeting. The Bicycle Coalition would like to express strong support for the proposed bike path between Marsh Street and Madonna Road. The path will greatly improve the bicycle network over Hwy 101--one of the biggest hurdles to bicycling in the City. The proposed path is in an area of great need. Presently, there is not a convenient or safe way for residents to bicycle from downtown to shopping options on Madonna Road or Los Osos Valley Road. In addition,residents who live west of Hwy 101 are faced with similar challenges when trying to bicycle or walk downtown. Vehicle volumes are high and all but the most skilled are intimidated by the high speeds on the Madonna Road overpass. In order to avoid the problem that we are now facing with the Railroad Safety Trail between Orcutt and the Amtrak Station, one point of concern is the provision for lighting. We believe that the proposed path will serve as a transportation corridor and therefore should be lighted for safety reasons and to allow commuters to get more use out of the path. It would be easier and less costly to plan for this need in the early stages. Therefore, we ask that article 3C of the memorandum be revised to require lighting. Communities throughout California have come up with efficient and very aesthetically pleasing lighting options for bike paths. We would be happy to share some of these options with you. Sincerely, Adam Fukushima Executive Director San Luis Obispo County Bicycle Coalition