HomeMy WebLinkAbout03/02/2010, C8 - MEMORANDUM OF UNDERSTANDING BY AND BETWEEN SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT, CITY OF SAN LU council Mmt� March
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CITY OF SAN LUIS OBISPO
FROM: Jay D. Walter, Director of Public WorksqW QV
Prepared By: Timothy Scott Bochum, Deputy Director of Public Works
SUBJECT: MEMORANDUM OF UNDERSTANDING BY AND BETWEEN SAN
LUIS COASTAL UNIFIED SCHOOL DISTRICT, CITY OF SAN LUIS
OBISPO, AND IRISH HILLS PLAZA EAST, LLC. REGARDING
ACCESS TO FROOM RANCH WAY
RECOMMENDATION
Approve a Memorandum of Understanding with San Luis Coastal Unified School District and
with Irish Hills Plaza East, LLC regarding future access to the proposed Froom Ranch Way
extension east of Los Osos Valley Road.
DISCUSSION
Background
As part of the Pref imo Creek Commons project conditions, Froom Ranch Way is required to be
extended east of Los Osos Valley Road. If extended fully, upon future development of adjacent
property, the roadway would serve as a collector street between Los Osos Valley Road and Dalidio
Drive. In the interim, it will provide local access to the Prefumo Creek Commons project as well as
alleviate traffic along Madonna Road and US 101.
Right-of-Way Acquisition Necessary
In order to complete the required road extension, the Prefumo Creek Commons project must
acquire right-of-way from San Luis Coastal Unified School District (District) to connect to the
existing signalized intersection at Los Osos Valley Road. The Developer of Prefwno Creek
Commons (Irish Hills Plaza East, LLC.) has negotiated the purchase and acquisition of the required
right-of-way to complete the roadway extension. One condition of approval required by the District
for the proposed acquisition is the identification of potential future ingress/egress into the remaining
District property (Pacific Beach High School). This ingress/egress may be requested in the future if
and/or when the property redevelops.
Memorandum of Understanding to Facilitate Satisfaction of Roadway Condition
A Memorandum of Understanding between the City, District and Irish Hills Plaza East, LLC shall
serve as the conceptual framework for the parties to work together cooperatively to enable future
access to Froom Ranch Way to benefit the District. City staff has worked with both Irish Hills
Plaza East, LLC and the District to design and locate a future proposed left turn access location for
the District property that will accommodate access from Froom Ranch Way. The District has
requested, and staff supports, the proposed Memorandum of Understanding (Attachment 1) to
facilitate this roadway. The Memorandum of Understanding documents the proposed placement of
MOU Regarding Access to Froom Ranch Way Page 2
this access location for future reference should the District move forward with redevelopment plans
for its property. Exhibit 2A of the proposed Memorandum of Understanding depicts the future
locations of this access that may occur at the future time when the site redevelops. Additionally, in
the MOU the City has reserved the right to review and approve the ingress/egress consistent with
City policies and development standards.
CONCURRENCES
The San Luis Coastal Unified School District has approved the purchase and sale of the proposed
right-of-way for Froom Ranch Way and has approved the proposed Memorandum of
Understanding.
The Community Development Department has reviewed the draft MOU and finds it consistent
with the approved development project.
FISCAL IMPACT
There is no impact to the General Fund as part of the approval of this memorandum of
understanding.
ALTERNATIVE
Deny approval of the MOU. The City Council could choose to deny the approval of the MOU at
this time. Staff does not recommend this since the extension of Froom Ranch Way is essential for
access of the Prefumo Creek Commons project as well as longer term area wide circulation benefits
for the community. Locating access rights for the District property at this time does not hinder long
term circulation efforts since it will be many years before the extension of Froom Ranch Way is
completed and the District decides to redevelop the Pacific Beach High School site and the
proposed location of the access is consistent with zoning standards and objectives of the Circulation
Element.
ATTACHMENT
Memorandum of Understanding
T:\Council Agenda Reports\Public Works CAR\2010\Development Review\PCC Froom Ranch Way Agreement\eCAR Froom Ranch Way .
SLOCUSD Agreement.doc
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Attachment:
MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT, CITY OF SAN LUIS OBISPO,AND
IRISH HILLS PLAZA EAST,LLC
REGARDING ACCESS TO FROOM RANCH WAY
This Memorandum of Understanding ("MOU") between the San Luis Coastal Unified School District
(the "DISTRICT"), the City of San Luis Obispo (the "CITY"), and Irish Hills Plaza East, LLC
("IRISH HILLS") constitutes conceptual agreement framework for the parties to work cooperatively
to enable future access to Froom Ranch Way to benefit the DISTRICT'S property (APN 004-431-024),
currently utilized as Pacific Beach Continuation High School ("PACIFIC BEACH") and Vicente
Center.
1. RECITALS
(a) IRISH HILLS is the current owner of real property situated on the northeast corner of Los
Osos Valley Road and Froom Ranch Way, and referred to as the Los Osos Valley Gap.
(b) DIS,rRICT is the owner of real property located on the northwest corner of Los Osos
Valley Road and Froom Ranch Way.
(c) IRISH HILLS desires to develop and construct a commercial project—Prefutno Creek
Commons- that will include retail stores, restaurants and associated parking facilities.
IRISH (-TILLS is required by CITY to construct the eastern extension of Froom Ranch Way
("Roadway Extension") in conjunction with this project. In order to accomplish this
Roadway Extension, IRISH HILLS must first purchase a portion of DISTRICT property for
the public right of way needed for the Roadway Extension. That purchase agreement
between the DISTRICT and IRISH HILLS is separately defined in the"Agreement for
Dedication and Exchange of Rights," which includes the"Offer of Dedication" for
DISTRICT to transfer the corresponding land area to CITY.
(d) As a CITY requirement of this project, IRISH HILLS will transfer ownership to the CITY
of the land area needed for the Roadway Extension, including the area between this
Roadway Extension and DISTRICT's subject parcel.
(c) Once IRISH HILLS has transferred ownership of the subject portion of real property to the
CITY,CITY will have full control to allow DISTRICT to construct and use a driveway at
the conceptual location described in section 3(d)of this MOU.
(f) The parties have agreed to execute this MOU in order to memorialize their understandings
with respect to the future access and north bound left tum channelization from Froom
Ranch Way into the DISTRICT's property.
27 January 2010
1 of
( � y Attachment .
2. THE ROADWAY EXTENSION PROJECT
"Exhibit 2A", attached hereto and incorporated herein, illustrates, in conceptual form, an
intended general location for the roadway extension from its present intersection with Los Osos
Valley Road and through a portion of the PACIFIC BEACH property. The exact design and
location of the proposed roadway extension will be subject to the City's standard development
review processes. All Parties recognize the need to provide safe access to the existing and
proposed parcels and the importance of this proposed roadway extension in improving existing
circulation conditions as a safe, viable transportation corridor in the CITY'S long-term traffic
and circulation plan.
3. PURPOSE AND NEED
The purpose of this MOT) is to express the Parties' conceptual agreement for the DISTRiCT's
future direct access to the Roadway Extension and its related issues. Specifically, the Parties
are in conceptual agreement on the following:
(a) IRISH HILLS will plan for, design, and construct the Roadway Extension to improve
circulation and enhance public safety and to provide vehicular, bicycle, and pedestrian
access from the present intersection of Froom Ranch Way and Los Osos Valley Road,
through a portion of the PACIFIC BEACH property to its terminus at Oceanairc
DrivuPrefumo Creek. The Parties will work cooperatively to ensure the road location
is consistent with the short-term needs of IRISH HILLS ("Phase i improvements") and
the CITY, and the long-term needs of the DISTRICT and the CITY. "Exhibit 2A"
depicts the DiSTRICT's long-term need for a future left turn lane onto School District
Property ("Phase 11 improvements"). It is the intention of the Parties that the final
Roadway Extension design and location, to be reviewed and approved by the City, be
established as soon as feasible.
(b) Subject to formal execution of this MOU, as well as fulfillment of the provisions of the
"Agreement For Dedication And Exchange Of Rights" between the DISTRICT and
IRISH HILLS, and the "Offer Of Dedication" to the CITY, the DISTRICT will provide
land through the PACIFIC BEACH property to serve as part of the location for the
Roadway Extension.
(c) IRISH HILLS will design and construct the proposed Phase I Roadway Extension,
including all surveying, engineering, utility construction or relocation, grading, and
drainage improvement costs, including necessary planning and design provisions to
accommodate a future left turn lane at no cost to DISTRICT. Thereafter, the Roadway
Extension shall be maintained by the CITY, at no cost to IRISH HILLS or the
DISTRICT, except that IRISH HILLS may be required to maintain landscaped
parkways and interim open space areas, subject to separate review and agreement
between CITY and IRISH HILLS.
27 January 2010
2 of I
Attachment
(d) The CITY will review and approve the improvement plans for the Phase I Roadway
Extension design and has already reviewed and conceptually approved the conceptual
layout of the Phase II future left turn lane across the property to be owned by CITY,
onto DISTRICT property (shown in Exhibit 2A, subject to compliance with City
standards. Future development of DISTRICT property will not be prohibited from
accessing said property from the future left turn lane from Froom Ranch Way to
DISTRICT property, so long as said development is designed to facilitate such access
consistent with applicable City policies and development standards. The City reserves
the right to control lett turn egress from the DISTRICT driveway location if traffic
safety or operational issues should arise in the future.
(e) The Parties will provide each other necessary information and assistance regarding the
development of the proposed roadway extension, including without limitation,
executing, acknowledging,and delivering all documents reasonably requested by one of
the Parties or required by any governmental authority.
(1) The Panics have worked cooperatively to cause the proposed Roadway Extension
design and alignment to be modified through the planning and building permit process
Ibr the project to meet the needs of IRISH HILLS, the DIS"IRICr and the CITY.
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 roadway 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 participating party as defined in
Federal, State, or local law, statute, regulation, or participating parties' policies and
procedures.
(b) The Parties will exchange intormation and consult with each other before implementing
the provisions hereof that may affect the ability of any other party to perform under this
MOU.
5. ROLES AND RESPONSIBILITIES
The Parties may each designate in writing a single point of contact to ensure their respective
responsibilities are satisfied. All future correspondence regarding this MOU may be directed to
the designated single points of contact.
27 January 2010
3 of
Attachment
6. EFFECTIVE DATE,TERMINATION AND MODIFICATION
This MOU will become effective when executed by all Parties. This MOU will terminate upon
an impasse in the negotiation among the parties, or by the mutual consent of the parties. This
MOU may be amended by written instrument executed by all the parties.
8. MUTUAL INDEMNIFICATION
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.
THE CITY OF SAN LUIS OBISPO SAN LUIS COASTAL UNIFIED SCHOOL
DISTRICT A
By: By:
/W
Russell Miller, .Assistant Superintendent,
Business Services
Dated: Dated: 2— (Y/( y
IRISH MILLS PLAZA EAST, LLC
By:
Dated:
APP"D AS T RM:
J. CHRISTINE DIETRICK
City Attorney
27 January 2010
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ATTACHMENT
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Exhibit A - Memorandum of Understanding
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Exhibit 2A - Memorandum of Understanding