HomeMy WebLinkAboutItem 6h. Purchase of Permanent Easement and Temporary Construction Easement for the Bob Jones Pathway Project Item 6h
Department: Administration
Cost Center: 1005
For Agenda of: 4/2/2024
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Robert Hill, Sustainability & Natural Resources Official
SUBJECT: PURCHASE OFFER FOR PERMANENT EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT FROM COUNTY OF SAN LUIS OBISPO
FOR BOB JONES PATHWAY PROJECT
RECOMMENDATION
Pursuant to an offer package received from the County of San Luis Obispo for its Bob
Jones Pathway Project:
1. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of
San Luis Obispo, California, authorizing the sale of a Perpetual Easement and a
Temporary Construction Easement for the County of San Luis Obispo’s Bob Jones
Pathway Project that will encumber portions of property owned by the City of San
Luis Obispo identified as Assessor’s Parcel Numbers 076 -061-075, 076-061-078,
and 076-121-018 commonly known as the Filipponi Ecological Reserve”; and
2. Authorize the Mayor to sign the document entitled, “Perpetual Easement
Agreement (And Temporary Construction Easement) Bob Jones Pathway”; and
3. Direct staff to receive and reserve the funds for future open space uses in
accordance with General Plan policy.
POLICY CONTEXT
There are three areas of pertinent City policy applicable to evaluating the offer from the
County of San Luis for the requested easements necessary for them to complete their
Bob Jones Pathway Project.
1. Support for the County’s Bob Jones Pathway Project can be found in a suite of
City policy documents:
a) The Land Use Element of the General Plan (2014), with Goal # 10
(Environment), “Support statewide and regional efforts to create more
sustainable communities, reduce greenhouse gas emissions, and develop
transportation systems that support all modes of circulation.”
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Item 6h
b) The Circulation Element of the General Plan (2014) calls for achieving a
transportation mode split objective of 20% of all trips being made by bicycle,
which is echoed by the Climate Action Plan for Community Recovery (2020)
that also places a strong emphasis on addressing emissions from regional
trips.
c) The Active Transportation Plan (2021) addresses the need for regional
collaboration and specifically names the subject project with Goal 1.9
Collaborate with Regional Partners. “Cooperate with the County, State, San
Luis Obispo Council of Governments, Cuesta College and Cal Poly in the
planning and design of regional bicycle and pedestrian facilities (e.g. Bob
Jones City-to-Sea Bike Trail, Chorro Valley Trail, Edna-Price Canyon Trail)
to expand regional active transportation and recreation opportunities.”
2. The City of San Luis Obispo’s policies and procedures for real property acquisition
and disposal are found at Section 475 of the Financial Management Manual, which
further incorporates City Charter Article IX, Section 906 and City Council
Resolution No. 10052 (2009 Series). Policy guidance pertinent to granting the
proposed permanent and temporary construction easements to another public
agency can be found in the sub-section regarding long-term use of real property
intended for specific City-approved purposes by others (475-11): “The proposed
use must further the Council’s intended goals or policies for the specific property,
and shall not conflict or preclude any existing or planned City use” and “The
proposed use should be consistent with the goals and objectives of the City’s
General Plan for land use.”
3. Staff’s recommendation to receive the offered payment funds and reserve them
for future open space uses is supported by policy fo und in the Conservation and
Open Space Element of the General Plan (2006), Appendix C: Management of
Open Space Lands, paragraph 13: “When compatible with the primary purpose of
the open space, the City should use revenue from open space lands … to fund
open space maintenance. Such revenues may also be used to acquire open
space.”
DISCUSSION
Background
The Bob Jones Pathway (sometimes also referred to as the Bob Jones Trail and the City-
to-Sea Trail) was envisioned over 25 years ago as a pedestrian and bicycle facility to join
the communities of San Luis Obispo and Avila Beach with a trail along San Luis Obispo
Creek. Bob Jones was a passionate conservationist, co-founder of the pioneering
environmental consulting firm, Jones & Stokes, and also served on the Board of Trustees
of The Land Conservancy of San Luis Obispo County.
At present, there are two existing sections of the Bob Jones Pathway, a 2.5-mile segment
between Ontario Road and Avila Beach operated by the County of San Luis Obispo and
a 1.1-mile segment operated by the City of San Luis Obispo between Prado Road and
Los Osos Valley Road.
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Item 6h
The next new segment of the Bob Jones Pathway is being undertaken by the County of
San Luis Obispo’s Parks and Recreation Department and Public Works Department and
is a 4.4-mile segment stretching from the Octagon Barn Center located off of South
Higuera Street and the existing Ontario Road staging area1. At this time, the County has
completed and certified an Environmental Impact Report for the project an d has been
awarded $18.25 million in funding through a State of California Active Transportation
Program (ATP) grant facility. Project engineering and design is nearing completion, and
the right-of-way acquisition process is now underway.
Filipponi Ecological Reserve
One such property that will require right-of-way acquisition is owned by the City of San
Luis Obispo, commonly known as the “Filipponi Ecological Reserve”. The City acquired
approximately 70 acres of land from the Filipponi family in April 2000 that had once been
part of the larger Filipponi Ranch; however, the property was bifurcated by the
construction of the US 101 freeway. The remaining, subject land on the east side of US
101 was farmed over the years, but in wet winters the land would f lood from time-to-time
resulting in loss of crops and overall utility given that it is part of the historic floodplain
along the East Fork of San Luis Obispo Creek. Following acquisition of the land, the City
partnered with The Land Conservancy of San Luis Obispo County to implement a series
of wetland and floodplain restoration projects. Due to the site characteristics and poor
access from South Higuera, the City has historically only allowed for docent -led and
educational outings at the property.
It is important to note that the City acquired the Filipponi Ecological Reserve, in part, with
grants funds from the California Department of Transportation’s “Environmental
Enhancement and Mitigation Program” (EEMP). As a required condition of that grant
facility, an “Agreement Declaring Restrictive Covenants” was recorded on title to the
property to ensure that the property is only used in a manner consistent with the purposes
of the grant. Staff from the City, County, and local office of Cal Trans have confe rred on
the matter and agree that the small area of the easements along the frontage of the
property, as further described herein, will not significantly impair or interfere with the
conservation purposes of the property acquisition and the EEMP grant.
County of San Luis Obispo Offer Package
The County of San Luis Obispo’s Public Works Department has delivered to the City an
offer package dated as of March 1, 2024 (Attachment B). The key highlights of the
package are as follows:
1 Another future, connecting segment of the Bob Jones Pathway between Los Osos Valley Road and the
Octagon Barn Center will be undertaken by the City of San Luis Obispo. This is considered a “Tier 1” project
in the City’s Active Transportation Plan given the fundin g that has been acquired by the County for their
project (page 147).
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Item 6h
Purchase Request
The County is seeking to purchase from the City a perpetual easement for the pathway
totalling 0.86 acres and a temporary construction easement for a three -year term totalling
3.32 acres. These easements would encumber three separate parcels owned by the City
within the site. Both the permanent easement and the temporary construction easements
are shown graphically at Exhibit B of the package. The permanent easement is legally
described and depicted at Exhibit B-1.
Valuation and Offer Price
An appraisal was conducted in order to determine the fair market value of the easement
interests proposed to be purchased, dated as of March 2, 2023. The valuation process is
based on a highest and best use of the land for rural residential / agricultural production
and relies on the comparable sales approach to value; the cost approach and income
approach to valuation were not applicable because the City’s property does not have any
improvements and does not produce income.
The value for the perpetual easement was determined to be $34,830. The value for the
temporary construction easement was determined to be $29,880. A severance damage
payment of $3,015 was also included in the offer. Just compensation and the proposed
purchase price is therefore a total of $67,700.00 (rounded).
Overview of Easement Terms
The full text of the proposed permanent and temporary construction easements is
included with the offer package that is Attachment B to this Council Agenda Report. A
brief overview of easement terms is below:
a) The easement for the pathway is perpetual and non-exclusive.
b) The purpose of the easement for the pathway is for the construction,
reconstruction, maintenance, repair, and use (including emergency use) as a
public multi-use pathway.
c) The pathway would be open to the public from one -half hour prior to sunrise until
one-half hour after sunset for pedestrian and bicycle use.
d) The County would post signs and install fencing, as well as conduct patrol,
enforcement, and all maintenance activities in accordance with County regulations
and standards.
e) The temporary construction easement is for a three-year term.
f) The County would restore the temporary construction easement area to the
condition that generally existing prior to construction.
g) The County would implement and is fully responsible for the Habitat Mitigation and
Monitoring Program required by the Environmental Impact Report for the Bob
Jones Pathway Project.
h) The easement document includes indemnification by the County, as well as
standard terms and conditions for an easement instrument .
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Item 6h
Previous Council Action
The City Council approved the purchase of th is property by adoption of Resolution No.
8987 (1999 Series) and the acquisition was completed on April 12, 2000. On June 19,
2021, Council approved a “Conceptual Restoration and Enhancement Plan” and s ince
that time has also approved several restoration and mitigation projects conducted by
others upon the property.
Public Engagement
An extensive public engagement process was conducted leading up to the adoption of
the City’s Active Transportation Plan, wherein the Bob Jones Pathway was specifically
discussed. The County of San Luis Obispo has also conducted numerous public meetings
regarding the project over the course of the past 20 years. Any member of the public may
comment on this item either in writing or in-person at the hearing.
General Plan Conformity
California Government Code Section 65402 requires that the Planning Commission make
a finding that an acquisition or disposal of real property for public purposes, such as
contemplated herein, is consistent with the General Plan . On December 9, 2020, the
Planning Commission reviewed the draft Active Transportation Plan (subsequently
adopted by City Council in February 2021), which identified the Bob Jones Pathway
Project. The Planning Commission’s action included approval of a General Plan
Conformity report that was included as Attachment 4 to the Planning Commission Agenda
Report for that hearing.
CONCURRENCE
The Public Works Transportation Engineering Division has participated in the processing
of this item and concurs with the recommendation.
ENVIRONMENTAL REVIEW
The County of San Luis Obispo is the lead agency for the environmental determination
for its Bob Jones Pathway Project under the California Environmental Quality Act and is
also responsible for all applicable regulatory agency permitting and requirements . The re-
circulated Draft Environmental Impact Report was certified by the County Board of
Supervisors on February 24, 2015 (SCH # 2010031121).
FISCAL IMPACT
Budgeted: No Budget Year: 2023-24
Funding Identified: N/A
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Item 6h
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund
State
Federal
Fees
Other:
Total N/A N/A N/A N/A
The County of San Luis Obispo will make a lump sum payment in the amount of
$67,700.00 to the City of San Luis Obispo as “good and valuable consideration” for the
subject easements. Per Conservation and Open Space Element policy, a s discussed
above, this revenue should be reserved for future open space maintenance or acquisition
purposes.
ALTERNATIVES
Council may ask questions or request further clarification from staff, may request
changes prior to approval, or may decide not to approve the recommendations
contained in this Council Agenda Report. A decision not to approve, however, is not
recommended by staff because this request is in furtherance of a long-standing
community project of regional significance, is consistent with numerous City goals and
policies, and may jeopardize the $18.25 million in grant funding that has been secured by
the County of San Luis Obispo.
ATTACHMENTS
A - Draft Resolution authorizing the sale of a perpetual trail easement and a temporary
construction easement for the County of San Luis Obispo’s Bob Jones Pathway
Project
B - Offer Package received from the County of San Luis Obispo
Page 142 of 596
R ______
RESOLUTION NO. _____ (2024 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE SALE OF A PERPETUAL
EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR
THE COUNTY OF SAN LUIS OBISPO’S BOB JONES PATHWAY
PROJECT THAT WILL ENCUMBER PORTIONS OF PROPERTY
OWNED BY THE CITY OF SAN LUIS OBISPO IDENTIFIED AS
ASSESSOR’S PARCEL NUMBERS 076-061-075, 076-061-078, AND 076-
121-018 COMMONLY KNOWN AS THE FILIPPONI ECOLOGICAL
RESERVE
WHEREAS, the City of San Luis Obispo has adopted policies and procedures for
protection, management, and public use of open space lands and natural and cultural
resources acquired by the City; and
WHEREAS, the City of San Luis Obispo owns and manages open space areas
totaling over 4,000 acres, including the approximately 70-acre Filipponi Ecological
Reserve; and
WHEREAS, the County of San Luis Obispo has received grant funding to construct
and implement its Bob Jones Pathway Project, a multi-use bicycle and pedestrian facility,
which will necessitate their purchase of both a 0.86-acre permanent easement for the
pathway and a 3.32-acre temporary construction easement from the City of San Luis
Obispo that will encumber portions of the Filipponi Ecological Reserve; and
WHEREAS, the County of San Luis Obispo has identified the specific easement
areas needed for the project, prepared an appraisal to determine the fair market value of
the easements, set forth a satisfactory form of easement agreement, and has made an
offer to pay the fair market value for the easements.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Recitals. The recitals set forth above are hereby adopted as findings
of the City in approving the real property transaction described herein.
SECTION 2. Environmental Review. The County of San Luis Obispo is the lead
agency for the environmental determination for its Bob Jones Pathway Project under the
California Environmental Quality Act and is also responsible for all applicable regulatory
agency permitting and requirements. The re-circulated Draft Environmental Impact
Report was certified by the County Board of Supervisors on February 24, 2015 (SCH #
2010031121).
Page 143 of 596
Resolution No. _____ (2024 Series) Page 2
R ______
SECTION 3. Bob Jones Pathway Project. The City Council hereby accepts the
offer from the County of San Luis Obispo and authorizes the sale of the permanent and
temporary easements in accordance with the offer package dated March 1, 2024, based
on the following findings:
a) The sale of the permanent and temporary construction easements is
consistent with various City of San Luis Obispo policy documents including
the Land Use and Circulation Elements of the General Plan (2014), as well
as the adopted Climate Action Plan for Community Recovery (2020) and
the Active Transportation Plan (2021).
b) The sale of the permanent and temporary construction easements is
consistent with the City of San Luis Obispo’s policies and procedures for
real property acquisition and disposal found at Section 475 of the Financial
Management Manual, which further incorporates City Charter Article IX,
Section 906 and City Council Resolution No. 10052 (2009 Series).
Specifically, granting the permanent and temporary construction easements
to another public agency is consistent with the sub-section regarding long-
term use of real property intended for specific City-approved purposes by
others (475-11): “The proposed use must further the Council’s intended
goals or policies for the specific property, and shall not conflict or preclude
any existing or planned City use” and “The proposed use should be
consistent with the goals and objectives of the City’s General Plan for land
use.”
c) On December 9, 2020, the Planning Commission reviewed the draft Active
Transportation Plan (subsequently adopted by City Council in Februa ry
2021), which identified the Bob Jones Pathway Project. In accordance with
California Government Code Section 65402, the Planning Commission’s
action included approval of a General Plan Conformity report that was
included as Attachment 4 to the Planning Commission Agenda Report for
that hearing.
d) The sale of the permanent and temporary construction easements is
consistent with the conservation purposes of the property, as well as the
grant funding that was provided by the California Department of
Transportation’s “Environmental Enhancement and Mitigation Program”
(EEMP) that was awarded at the time of the property acquisition
(1999/2000) and the “Agreement Declaring Restrictive Covenants” that was
recorded on title to ensure that the property is only used in a manner
consistent with the purposes of the grant, because the small area of the
easements that will encumber the frontage area of the property will not
significantly impair or interfere with the conservation purposes of the
property and the EEMP grant.
Page 144 of 596
Resolution No. _____ (2024 Series) Page 3
R ______
e) The appraisal methodology and valuation, dated as of March 2, 2023,
represents fair market value for the permanent and temporary construction
easements and the offered sum of $67,700.00 is just compensation.
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 24.
___________________________
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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