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Home My WebLink AboutItem 5d. Amendment No. 1 to Easement Agreement with County of San Luis Obispo for Bob Jones Pathway Item 5d Department: Administration Cost Center: 1005 For Agenda of: 2/4/2025 Placement: Consent Estimated Time: N/A FROM: Greg Hermann, Deputy City Manager Prepared By: Robert Hill, Sustainability & Natural Resources Official SUBJECT: AMENDMENT TO PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT WITH THE COUNTY OF SAN LUIS OBISPO FOR THE BOB JONES PATHWAY RECOMMENDATION Pursuant to a request 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 Amendment to Perpetual Easement Agreement (and Temporary Construction Easement) Bob Jones Pathway 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, “Amendment to Perpetual Easement Agreement (and Temporary Construction Easement) Bob Jones Pathway”; and 3. Direct staff to receive and reserve the additional 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 request from the County of San Luis for the amendment to the 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.” Page 49 of 603 Item 5d 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 (475-C) regarding long-term use of real property permanently intended for specific City-approved purposes by others: “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 additional offered payment funds and hold them for future open space uses is supported by policy found 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 Amendment Request This request is to amend the existing Perpetual Easement Agreement (and Temporary Construction Easement) for the Bob Jones Pathway that was approved by the City Council on April 2, 2024, and recorded as Document No. 2024026814 with the San Luis Obispo County Clerk-Recorder on September 23, 2024 (Attachment C), which encumbers a portion of the City’s Filipponi Ecological Reserve property. The key components of the amendment are as follows: 1. Amend the Legal Description and Plats describing and depicting the permanent easement area. This is required because a small, linear, 0.16-acre area of additional land is needed due to a design change in the pathway that is necessary Page 50 of 603 Item 5d to avoid a major utility conflict. This area is along the same basic alignment of the existing easement and does not conflict with or preclude any existing or planned City use. 2. The temporary construction easement must have a “date certain” term , which has been amended to reflect a term from 3/15/25 to 3/15/29. 3. New Title XI (Civil Rights Act of 1964) language has been added due to federal requirements. 4. Additional compensation is offered to the City in the amount of $16,000 due to the additional year that has been added to the term of the temporary construction easement and the additional 0.16 acres that has been added to the permanent easement. The proposed Amendment (Attachment B) has been negotiated by the City and County and will subsequently be reviewed and considered for approval by the Board of Supervisors prior to recordation. 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. 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. 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 to the existing Ontario Road staging area. The County has completed and certified an Environmental Impact Report for the project and has been awarded $18.25 million in funding through a State of California Active Transportation Program (ATP) grant that is overseen by the California Transportation Commission (CTC). At present, the County is seeking approval from the CTC at its January 30-31, 2025, meeting to phase the project and move forward with the proposed “Caltrans right-of-way alignment” proposal that will avoid property where the County has been unable to secure necessary right-of-way, as detailed in County Board of Supervisors’ agenda report from October 29, 2024 (Attachment D). On January 14, 2025, the County Board of Supervisors approved a resolution of support for the project and also approved a budget adjustment in the amount of $5 million from their Capital Projects Fund to the Bob Jones Pathway Project (Attachment E). Page 51 of 603 Item 5d Previous Council Action The City Council approved the purchase of this 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 since that time has also approved several restoration and mitigation projects conducted by others upon the property. On April 2, 2024, the City Council approved the existing permanent and temporary construction easements for the Bob Jones Pathway, as discussed above. 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 City Engineer and the Transportation Manager in the Public Works Department have reviewed the amended easement legal description and plats and have provided their concurrence. 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 recirculated Draft Environmental Impact Report was certified by the County Board of Supervisors on February 24, 2015 (SCH # 2010031121). FISCAL IMPACT Budgeted: No Budget Year: 2024-25 Funding Identified: N/A Page 52 of 603 Item 5d 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 an additional lump sum payment in the amount of $16,000 to the City of San Luis Obispo as “good and valuable consideration” for the amended easements. The County previously paid $67,700 for the existing easements, and total payment will, therefore, be $83,700. Per Conservation and Open Space Element policy, as discussed above, this revenue should be reserved for future open space maintenance or acquisition purposes. ALTERNATIVES Council 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 and is consistent with numerous City goals and policies. ATTACHMENTS A - Draft Resolution authorizing the Amendment to Perpetual Easement Agreement (and Temporary Construction Easement) Bob Jones Pathway B - Draft Amendment to Perpetual Easement Agreement (and Temporary Construction Easement) Bob Jones Pathway C - Perpetual Easement Agreement (and Temporary Construction Easement) Bob Jones Pathway, Document No. 2024026814, County Clerk-Recorder D - County of San Luis Obispo Board of Supervisors, Agenda Report, October 29, 2024 E - County of San Luis Obispo Board of Supervisors, Agenda Report, January 14, 2025 Page 53 of 603 Page 54 of 603 R ______ RESOLUTION NO. _____ (2025 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING THE AMENDMENT TO PERPETUAL EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT 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 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 4,300 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, which necessitates the purchase of both a permanent easement for the pathway and a temporary construction easement from the City of San Luis Obispo that will encumber the City’s Filipponi Ecological Reserve property; and WHEREAS, on April 2, 2024, the City Council approved the requested permanent and temporary construction easement document by Resolution No. 11485 (2024 Series), which was recorded as Document No. 2024026814 with the San Luis Obispo County Clerk-Recorder on September 23, 2024; and WHEREAS, the County of San Luis now requests an Amendment to the permanent and temporary construction easement in order to append the legal description and plat to add a small, linear area of additional land to avoid a utility conflict, provide a “date certain” term for the temporary construction easement, and add Title XI (Civil Rights Act of 1964) due to federal requirements; and WHEREAS, the County of San Luis Obispo has identified the specific easement areas needed for the project, as amended, prepared an appraisal to determine the fair market value of the easements, as amended, set forth a satisfactory form of amendment of the easement agreement, and has made an offer to pay the fair market value for the easements, as amended, in total. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Page 55 of 603 Resolution No. _____ (2025 Series) Page 2 R ______ SECTION 1. Recitals. The recitals set forth above are hereby adopted as the findings of the City in adopting the policies 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). 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 easements, based on the following findings: a) The sale of the permanent and temporary construction easements, as amended, 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, as amended, 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 (475- 11) regarding long-term use of real property permanently intended for specific City-approved purposes by others: “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) The sale of the permanent and temporary construction easements, as amended, 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 acquisition (1999/2000) and the “Agreement Declaring Restrictive Covenants” that 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, because the small frontage area of the easements will not significantly impair or interfere with the conservation purposes of the property and the EEMP grant. The proposed use is consistent with City goals and policies and does not conflict with any existing or planned City use of the property. Page 56 of 603 Resolution No. _____ (2025 Series) Page 3 R ______ d) The appraisal methodology and valuation represents fair market value for the permanent and temporary construction easements, as amended, and the additional offered sum of $16,000.00 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 25. ___________________________ 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 Page 57 of 603 Page 58 of 603 Page 1 of 5 RECORDING REQUESTED BY: County of San Luis Obispo AND WHEN RECORDED RETURN TO: Director of Public Works County of San Luis Obispo 976 Osos Street, Room 206 San Luis Obispo, CA 93408 APN(s): 076-061-075, 076-061-078 SPACE ABOVE THIS LINE FOR RECORDER'S USE and 076-121-018 [San Luis Obispo County] No recording fee per Government Code 6103 R/W Parcel No. 22-12.01,03,07 No Documentary Transfer Tax per R&T Code 11922 No BUILDING HOME AND JOBS ACTS Fee per Government Code 27388.1(a)(2) AMENDMENT TO PERPETUAL EASEMENT AGREEMENT (AND TEMPORARY CONSTRUCTION EASEMENT) BOB JONES PATHWAY This Amendment No. 1 executed this ____ day of _____________________, 20______, hereby amends PERPETUAL EASEMENT AGREEMENT (AND TEMPORARY CONSTRUCTION EASEMENT) BOB JONES PATHWAY (“Agreement”), recorded September 23, 2024, as Document No. 2024026814 in the Official Records of San Luis Obispo County, by and between the County of San Luis Obispo, a political subdivision of the State of California (“County”), and City of San Luis Obispo, a California Charter Municipal Corporation (“Grantor”), as set forth herein. WHEREAS, the Grantor granted the County the Agreement for the Bob Jones Pathway “Gap Closure” Project WBS 320096 (“Project”); and WHEREAS, the parties desire to amend the Agreement to: (a) amend the payment amount; (b) amend the term and include specific term language; (c) include Title VI language; and (d) append Exhibits B and B1. NOW, THEREFORE, the County and Grantor hereby agree as follows: 1. The amount shown in clause 2.A. of the Agreement is amended to $83,700. 2. Clause 10 of the Agreement is deleted in its entirety and replaced with the following: “10. Temporary Construction Easement. In addition to the Easement, Grantor hereby further grants to County a Temporary Construction Easement (“TCE”) on the Property within that certain area depicted on the Right of Way Map attached as Exhibit “D” attached hereto and made a part hereof, for the purpose of all reasonable construction and construction support activities related to the Project including, but not limited to the stockpiling of materials, soil, and Page 59 of 603 Page 2 of 5 equipment. The TCE shall commence on March 15, 2025 and shall terminate on March 15, 2029 or upon the project’s Construction Contract Acceptance date, whichever shall occur first. The amount shown in clause 2.A. herein includes, but is not limited to, full payment for said TCE, including severance damages, if any. Prior to commencing utilization of the TCE, at the County’s expense, an existing conditions inventory will be prepared for the TCE area and agreed upon by Grantor and County that it is representative of the condition of the TCE. Upon completion of Project construction, the TCE area shall be generally restored to the condition that existed prior to construction in accordance with the documentation in the existing conditions inventory, to the extent reasonably practical.” 3. Clause 18 and 19 of the Agreement are added: “18. Title VI. The parties to this Agreement shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-Non- Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21 and 28 C.F.R. Section 50.3. 19. Anti-Discrimination. No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this Agreement.” 4. Append Exhibit B and Exhibit B1 of the Agreement with Exhibit B and Exhibit B1 attached hereto. 5. All provisions of the Agreement not affected by this Amendment No. 1 shall remain unchanged and in full force and effect. 6. This Amendment No. 1 may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same agreement. [SIGNATURES ON THE FOLLOWING PAGE] Page 60 of 603 Page 3 of 5 IN WITNESS WHEREOF, this Amendment is hereby entered into by the parties hereto, upon the date shown signed by the County of San Luis Obispo. GRANTOR: City of San Luis Obispo, a California Charter Municipal Corporation By: ___________________________ ___ Dated: _____________, 20___ Printed Name: _Erica A. Stewart__________ Title: __Mayor___________________________ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Luis Obispo On _________________________, 20__ before me, ____________________________________, Notary Public, personally (date) (name) appeared ______________________________________________________________ who proved to be me on a basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________ Signature of Notary Public Place Notary Seal Above Page 61 of 603 Page 4 of 5 COUNTY OF SAN LUIS OBISPO Dated: _____________, 20___ Chairperson of the Board of Supervisors County of San Luis Obispo ATTEST: MATT PONTES Ex-Officio Clerk of the Board of Supervisors _________________________________ Deputy Clerk APPROVED AS TO FORM AND LEGAL EFFECT: RITA L. NEAL County Counsel By: ____________________________ Dated: _____________________, 20___ Deputy County Counsel G:\RightOfWay\Common\Bob Jones Trail 320096\_Owners\22-12.01,03,07 City of SLO\Amendment\Amendment Easement Agreement-SLO.docx Page 62 of 603 Page 5 of 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Luis Obispo On ________________________, 20__ before me, _____________________________________, Notary Public, personally (date) (name) appeared _________________________________________________________________ who proved to be me on a basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________ Signature of Notary Public Place Notary Seal Above Page 63 of 603 Page 1 of 3 of Exhibit B EXHIBIT B LEGAL DESCRIPTION PERMANENT EASEMENT File no: 0019-0101-01 December 19, 2024 That portion of Government Lot 1 of Section 16, all in Township 31 South, Range 12 East, Mount Diablo Base Meridian, in the County of San Luis Obispo, State of California, according to the official plat of said land thereof approved by the Surveyor’s General’s Office on June 12, 1872 lying southeasterly of the southeasterly sideline of the Grant of Easement according to the PERPETUAL EASEMENT AGREEMENT, (AND TEMPORARY CONSTRUCTION EASEMENT), BOB JONES PATHWAY recorded on September 23, 2024 as Document Number 2024026814 of Official Records in the County Recorder’s Office of said County and lying northwesterly of a line lying 15.00 feet southeasterly of and parallel and concentric with the following described line: COMMENCING at a found 2” brass cap station 655+31.04 99.07’ left shown on the State of California Division of Highways Coordinate Control Map S.L.O.-101 PLM 24.8 to 27.9 sheet 2 of 2 ref data = F.B. Doc. 3077 on file at the District 5 Office from which a found 1.25” diameter iron pipe, no tag, shown as a 1.25” diameter iron pipe tagged RCE 6923 (S.M. #26) on Parcel Map No. CO 72-183, according to the map recorded March 11, 1973 in Book 10, Page 94 of Parcel Maps of said county, shown as station “ER” 551+06.14, 320.61’ left on the State of California Division of Highways Right of Way Map 05-SLO-101 Old SLO-2-E dated 1947 sheet 24 of 32 on file at the District 5 Office bears South 24° 44' 55" West 9916.90 feet [South 24° 44' 35" West 9916.86 feet calculated from data shown on said Coordinate Control Map and said Right of Way Map]: Thence South 22° 48' 02" West, 3487.46 feet to the beginning of non-tangent curve to the left having a radius of 121.00 feet to which a radial line bears South 31° 41' 09" East; Thence along the arc of said curve through a central angle of 30° 38' 32" a distance of 64.71 feet to the beginning of a reverse curve to the right having a radius of 200.00 feet; Page 64 of 603 Page 2 of 3 of Exhibit B Thence along the arc of said curve through a central angle of 24° 38' 02" a distance of 85.99 feet; Thence South 52° 18' 21" West, 142.55 feet to the TRUE POINT OF BEGINNING; Thence South 54° 36' 42" West, 115.58 feet; Thence South 51° 32' 52" West, 380.87 feet to the beginning of a tangent curve to the left having a radius of 100.00 feet; Thence along the arc of said curve through a central angle of 31° 47' 18" a distance of 55.48 feet to the POINT OF TERMINATION; The bearings and distances of this legal description are based upon the California Coordinate System of 1983, CCS83, Zone 5 projection, (2010.00) in accordance with the California Public Resources Code Sections 8801-8819; and are based locally upon field-observed ties to the following National Geodetic Survey (NGS) Continuously Operating Reference Stations (CORS) with the published station values as tabulated below: CORS Station Northing (sFT) Easting (sFT) NAD 83(2011) Ellipsoid Height (sFT) Accuracy P513 2,163,030.39 5,767,197.37 935.70 Not Published P523 2,309,259.76 5,708,342.54 137.74 Not Published The Combined Scale Factor, Convergence Angle and the values used to calculate them are shown below: Northing (sFT) Easting (sFT) Elevation (sFT) NAD 83(2011) Ellipsoid Height (sFT) Convergence Angle Combined Scale Factor 2,276,161.70 5,756,930.66 61.952 -52.836 -1°32'09.24" 0.99996 All coordinates and distances shown, unless otherwise noted, are in terms of the U.S. Survey Foot (sFT). As used in tables above, Elevation refers to derived California Orthometric Heights (“COH88”) or equivalent of the point where the mapping angle and combination factor were calculated in terms of the North American Vertical Datum of 1988 (“NAVD88”) and Height refers to the vertical value of the California Page 65 of 603 Page 3 of 3 of Exhibit B Geodetic Coordinate or equivalent ellipsoid height used to calculate the combination factor. Distances shown hereon or inversed from coordinates shown hereon are in reference to CCS83. To approximate local ground distances, divide by the Combined Scale Factor provided hereon. Containing 0.16 acres more or less. The above described land is graphically shown on Exhibit B1, being 5 sheets, attached hereto and made a part hereof. End of Description ______________________________ Clayton L. Bradshaw, P.L.S. 8298 Date Signed: December 19, 2024 Page 66 of 603 CITY OF SA N L U I S O B I S P O PORTION L O T 6 A M B 3 8 MALLI FAMILY TRUST 076-081-024 PARCEL 4 73PM58 US 1 0 1 US 1 0 1 SOUTH H I G U E R A S T R E E T S 2 4 ° 4 4 ' 5 5 " W 9 9 1 6 . 9 0 ' S 2 2 ° 4 8 ' 0 2 " W 3 4 8 7 . 4 6 ' 54/DDS/200 CITY OF SAN LUIS OBISPO LOT 1 SEC 16 T31S R12E MDM MAINO TRUST PARCEL 1 44PM27 US H I G H W A Y 1 0 1 0 600'1,200' (IN FEET) 300' GRAPHIC SCALE 1 IN = 600 FT N FOUND 1.25" DIAMETER PIPE, NO TAG, SHOWN AS 1.25" DIAMETER IRON PIPE TAGGED RCE 6923 ON PARCEL MAP NO. CO 72-183 (10/PM/94) AND AT "ER" STATION 551+06.14, LEFT 320.61' OF STATE OF CALIFORNIA, DIVISION OF HIGHWAYS, RIGHT OF WAY MAP 05-SLO-101, OLD SLO-2-E, DATED 1947, SHEET 24 OF 32 POINT OF COMMENCEMENT FOUND 2" BRASS CAP STATION 655+31.04 99.07' LEFT SHOWN ON THE STATE OF CALIFORNIA DIVISION OF HIGHWAYS COORDINATE MAP S.L.O. -101 PLM 24.8 TO 27.9 SHEET 2 OF 2 REF DATA =F.B. DOC 3077 ON FILE AT THE DISTRICT 5 OFFICE SHEET 2 EXHIBIT B1 POR. OF LOT 1 SEC 16 T31S R12E MDM COUNTY OF SLO, CA SHEET 1 OF 5 OF EXHIBIT B1 0019-0101 076-061-075 078 CITY SLO 2ND CLB 2024-12-18 1" = 600' T 805 544-4011 SAN LUIS OBISPO, CA 93401 612 CLARION COURT www.wallacegroup.us F 805 544-4294 DRAWING : DRAWN BY: JOB No. : DATE : SCALE :® Page 67 of 603 SOU T H H I G U E R A S T R E E T CITY OF SAN LUIS OBISPO 1708-OR-653 POR. LOT 1 S16 T31S R12E MDM CITY OF SAN LUIS OBISPO LOT 1 SEC 16 T31S R12E MDM 1 5 . 0 0 ' 15. 0 0 ' HIG H W A Y 1 0 1 EXHIBIT B1 POR. OF LOT 1 SEC 16 T31S R12E MDM COUNTY OF SLO, CA SHEET 2 OF 5 OF EXHIBIT B1 0019-0101 076-061-075 078 CITY SLO 2ND CLB 2024-12-18 1" = 100' T 805 544-4011 SAN LUIS OBISPO, CA 93401 612 CLARION COURT www.wallacegroup.us F 805 544-4294 DRAWING : DRAWN BY: JOB No. : DATE : SCALE :® 0 100'200' (IN FEET) 50' GRAPHIC SCALE 1 IN = 100 FT N LEGEND LEGAL DESCRIPTION AREA 0.16 ACRES MORE OR LESS GRANT OF EASEMENT DESCRIBED IN THE PERPETUAL EASEMENT AGREEMENT DOCUMENT NO. 2024026814 TRUE POINT OF BEGINNING SHEET 3 SHEET 4 SHEET 5 POINT OF TERMINATION Page 68 of 603 SOU T H H I G U E R A S T R E E T CITY OF SAN LUIS OBISPO LOT 1 SEC 16 T31S R12E MDM RADIAL S 31° 41' 09" E S 2 2 ° 4 8 ' 0 2 " W 34 8 7 . 4 6 ' ( T I E ) 1 5 . 0 0 ' S 54° 36' 42" W 115.58' R=121.00' ∆=30° 38' 32" L=64.71' R=200.00' ∆=24° 38' 02" L=85.99' S 52 ° 1 8 ' 2 1 " W 1 4 2 . 5 5 ' EXHIBIT B1 POR. OF LOT 1 SEC 16 T31S R12E MDM COUNTY OF SLO, CA SHEET 3 OF 5 OF EXHIBIT B1 0019-0101 076-061-075 078 CITY SLO 2ND CLB 2024-12-18 1" = 50' T 805 544-4011 SAN LUIS OBISPO, CA 93401 612 CLARION COURT www.wallacegroup.us F 805 544-4294 DRAWING : DRAWN BY: JOB No. : DATE : SCALE :® 0 50'100' (IN FEET) 25' GRAPHIC SCALE 1 IN = 50 FT N POINT OF COMMENCEMENT SEE SHEET 1 FOR DESCRIPTION LEGEND LEGAL DESCRIPTION AREA 0.16 ACRES MORE OR LESS GRANT OF EASEMENT DESCRIBED IN THE PERPETUAL EASEMENT AGREEMENT DOCUMENT NO. 2024026814 TRUE POINT OF BEGINNING Page 69 of 603 SOU T H H I G U E R A S T R E E T SOU T H H I G U E R A S T R E E T CITY OF SAN LUIS OBISPO 1708-OR-653 POR. LOT 1 S16 T31S R12E MDM CITY OF SAN LUIS OBISPO LOT 1 SEC 16 T31S R12E MDM 1 5 . 0 0 ' 1 5 . 0 0 ' 1 5 . 0 0 ' S 54° 36' 42" W 115.58' S 51 ° 3 2 ' 5 2 " W 3 8 0 . 8 7 ' S 52 ° 1 8 ' 2 1 " W 1 4 2 . 5 5 ' 0 50'100' (IN FEET) 25' GRAPHIC SCALE 1 IN = 50 FT N EXHIBIT B1 POR. OF LOT 1 SEC 16 T31S R12E MDM COUNTY OF SLO, CA SHEET 4 OF 5 OF EXHIBIT B1 0019-0101 076-061-075 078 CITY SLO 2ND CLB 2024-12-18 1" = 50' T 805 544-4011 SAN LUIS OBISPO, CA 93401 612 CLARION COURT www.wallacegroup.us F 805 544-4294 DRAWING : DRAWN BY: JOB No. : DATE : SCALE :® LEGEND LEGAL DESCRIPTION AREA 0.16 ACRES MORE OR LESS GRANT OF EASEMENT DESCRIBED IN THE PERPETUAL EASEMENT AGREEMENT DOCUMENT NO. 2024026814 Page 70 of 603 SOU T H H I G U E R A S T R E E T CITY OF SAN LUIS OBISPO 1708-OR-653 POR. LOT 1 S16 T31S R12E MDM SO U T H H I G U E R A S T R E E T 1 5 . 0 0 ' 15. 0 0 ' S 51 ° 3 2 ' 5 2 " W 3 8 0 . 8 7 ' R=100.00' ∆=31° 47' 18" L=55.48' 0 50'100' (IN FEET) 25' GRAPHIC SCALE 1 IN = 50 FT N EXHIBIT B1 POR. OF LOT 1 SEC 16 T31S R12E MDM COUNTY OF SLO, CA SHEET 5 OF 5 OF EXHIBIT B1 0019-0101 076-061-075 078 CITY SLO 2ND CLB 2024-12-18 1" = 50' T 805 544-4011 SAN LUIS OBISPO, CA 93401 612 CLARION COURT www.wallacegroup.us F 805 544-4294 DRAWING : DRAWN BY: JOB No. : DATE : SCALE :® LEGEND LEGAL DESCRIPTION AREA 0.16 ACRES MORE OR LESS GRANT OF EASEMENT DESCRIBED IN THE PERPETUAL EASEMENT AGREEMENT DOCUMENT NO. 2024026814 POINT OF TERMINATION Page 71 of 603 Page 72 of 603 RECORDING REQUESTED BY County of San Luis Obispo WHEN RECORDED MAIL TO: Director of Public Works County of San Luis Obispo 976 Osos Street, Room 206 San Luis Obispo, CA 93408 2@24A26814 Elaina Cano San Luis Obispo - Coun 09/?3/2024 02:15 PlI CONFORIIED COPY Coov of document recorded.iiE'n"t been compared with original COPY FOR YOUR RECORDS ty Clerk-Recorder RAIV Parcel No. 22-12.01, 03, 07 (SPACE ABOVE FOR RECORDER',S USE) No recording fee per Government Code 6103 No Documentary Transfer Tax per Revenue and Taxation Code 11922 No BUILDING HOME AND JOBS ACTS Fee per Government Code 27388.1(a)(21 PERPETUAL EASEMENT AGREEMENT (AND TEMPORARY CONSTRUCTTON EASEMENT) BOB JONES PATHWAY ,4 Page 73 of 603 RECORDING REQUESTED BY: County of San Luis Obispc Department of Parks and Recreation AND WHEN RECORDED RETI]RN TO County of San Luis Obispo Department of Parks and Recreation I 144 Monterey Street San Luis cA 93408 APN(s): 07 6-061-07 5, 076-06 l -078 and076-121-018 [San Luis Obispo County] SPACE ABOVE THIS LINE FOR RECORDER'S USE No recording fee per Govemment Code g 6 103 No Documentary Transfer Tax per Revenue and Taxation Code $ 11922 PERPETUAL EASEMENT AGREEiVTENT (AND TEMPORARY CONSTRUCTION EASEMENT) BOB JONES PATHWAY THIS PERPETUAL EASEMENT ACREEMENT ("Agreemenf') is entered into by and between City of San Luis Obispo, a Califomia Charter Municipal Corporation, hereafter referred to as "Grantor," and the County of San Luis Obispo, a public entify in the State of California, hereafter refered to as o'County." Grantor and County are sometimes individually referred to herein aso'Party" or collectively as "Parties." RECITALS A. Grantor is the cwner of certain real properly situated in an unincorporated area of San Luis Obispo, in San Luis Obispo County, California (hereafter referred to as the "Property" or the "Servient Tenement"), and more particularly described in Exhibit "A" which is attached to this Agreement and hereby incorporated by reference. B. County needs to obtain certain properfy interests from Grantor for the Bob Jones Pathway "Gap Closure" Project WBS 320096 ("Project"). NOW, THEREFORE, for good and valuable consideration, the parties agree as follows: l. Crant of Easernent:faction of Condition.Granfor hereby grants to County, its successor and assigns, and County hereby accepts, a non-exclusive, perpetual easement ("Easement") in, on, over, upon, under and across that certain real properry situated in the County of San Luis Obispo, State of California, described in Exhibit o'8" and depicted in Exhibit "Bl" attached hereto and incorporated here in (hereinafter, "Easement Area") for the purposes of and subject to all the limitations, terms and conditions of this Agreement (hereinafter, the 'oEasement"). 2. The COUNTY shall: A. Pay the undersigned Grantor the sum of $67,700.00 for the subject property interests conveyed by this Agreement when title vests in the County free and Page 74 of 603 clear of all liens, encumbrances, assessments, easements, leases (recorded and/or unrecorded), and all taxes, except: I) Taxes for the fiscal year in which this Agreement is entered which shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the time the Agreement is entered. 2) Prior easements, rights of way over said land for public, public utility or quasi-public utility purposes, if any. 3) Matters affecting title to the Property B, Pay any escrow and recording fees incurred in this transaction, and if title insurance is desired by the COtAITY, the premium charged therefor. C. Have the authority to deduct and pay lrom the amount shown in Paragraph 2(a) above, any amounf necessary to satisfy any delinquent taxes due in any fiscal year except the fiscal year in which this escrow closes, together with penalties and interest thereon, and/or delinquent or non-delinquent assessments or bonds except those which title is to be taken subject to, in accordance with the terms of this agreement. 3. Characler qf Easementl intent. The Easement is non-exclusive, in gross to the public, and the burdens run with the Servient Tenement. 4. Pgrpqsq ol Easement. The purpose of the Easement is lor the construction, reconstruction, maintenance, repait and use (including emergency use) of the Easement Area as a public multi-use pathway for the Project ("Pathway") for the uses, and subject to the limitations specified in Paragraph 5 beiow. 5. Public Uses and Restrictions of Easement. Aii sections of the Pathway within the Easement Area, shail be open for public use daily between one-half hour prior to sunrise until one-half hour after sunset, or such other hours as otherwise established by County ordinance, for the following authorized purposes onl-rr and for no other uses except as specitically set forth in this Agreement: The Pathway shall be varying widths, together with any necessary Puthway junctions, for pedestrian and bicycling use; excluding, however, any motor driven equipment or vehicle other than as may be necessary for constructionldevelopment, maintenance, emergency, or patrol purposes or to provids access to any disabled persons confined to motor-driven devices. The use of the Pathway and Easement Area by either County or Grantor shatl include emergency uses, including but not limited to use of the Pathway for the purpose of emergency public escape routes, emergency response, and emergency vehicle access due to wildfire or other emergencies; and for the purpose of wildfire prevention activities including, but not limited to, fuel reduction, enforcement, and fire break maintenance. Nothing contained in this Agreement shall give any member of the public the right to loiter in the Easement Area, or enter any other portions of the Servient Tenement, except for such entry as may be specifically allowed by Grantor. Page 75 of 603 6 Seeondar,v Easements. The Easement includes the follor,ving incidental rights: A. The right of ingress and egress over and across the Easement Area for the installation. construction, maintenance, repair, and replacement of Pathway improvements in connection with the Project. For purposes of this Section 6.4, the right of "maintenance" shali include the right to adopt and enforce any rules and regulations adopted or promulgated by County which are related to the use of the Pathivay, including. but not limited to, unlawful camping and trash removal. B. The right of Counfy to ensure and maintain public access to the Pathway In exercising these rights, County must use reasonable care and may not make any material changes to the Easement Area except as specified in this Agreement. C. County Signs. County shall. have the right to post County signs along the Easement Area in conformance with Parks and Recreation Department standards tbr the protection of the health, safety and welfare of the public Pathway users and adjoining property owners, including the right to post signs lor proper precaution in the event of emergencies. Examples of signs include, but are not limited to, mile markers, general Pathway information, directional signs, precautionary alerts such as signs indicating the closing of the Pathway in the event of flooding, and private property notices. All County-posted signs shall be in conformance with any, and all, sign ordinances, of the county of san Luis obispo, and shall be approved by the Department of Parks and Recreation Director or designee. Grantor shall also have a right to install signs identifying its ownership of the Properfy, as r.vell as applicable rules and regulations pertinent to its Properfy. D. Enforcement. General information and directional signs shall be posted at main entrances to the Pathway. General information signs shalldisplay the rules and regulalions of the Pathway. In addition to ail law enforcement agents and peace officers, the County Parks staff shall have the right to enforce the rules and regulations of the Pathway. Enforcement of such rules and regulations shali be determined by law enforcement agents, peace officers, and County Parks staff either separately or jointly, at the time of the violation. Grantor, through its Ranger Service or law enfbrcement agents, shallalso have a right of enforcement, but not an obligation. 7. Nqn-Exctusive Easenlent: &eservAtion of Crantor's Rishts: Riqhr of Reversion. This Agreement, except as speciftcally otherwise set forth, imposes no restrictions on the current uses or any and all future uses (as they may change from time to time) of the Serv'ient Tenement by Grantor whether or nct within the Easement Area, provided they do not materially interfere with the purposes of the grant of Easement. Specifically, Grantor shali retain rights to access the Easement Area in order to access Grantoros Properfy, so long as said access does not damage the Easement (reasonabie wear and tear accepted) or unreasonably interfere with the public's use of the Easement. Page 76 of 603 8. Acceptance in Natural Condition: fnstallation and klaintenance of Improvements. A. County accepts the Easement and the Easement Area in the condition it exists as of the date of this Agreement. B. Grantor hereby wanants and represents that the Grantor has not knowingly discharged or caused to be discharged any hazardous waste, extremely hazardous wasta, or hazardous substance (as those terms are defined in sections 251 15, 25117, and 25316 of the California Health and Safety Code) on, beneath or within any of the real property covered by this Agreement. [f Crantor ever becomes aware of the presence of any hazardous waste, extremely hazardous waste, or hazardous substance on, beneath or within these areas, Grantor shall immediately so advise County. County and Granlor are aware of the potential of previously documented and evaluated deposits of weathered crude oil to be present within the Easement resulting from the 1926 Tank Farm fire and have each concluded through their independent due diligence investigations that the potential presence of these deposits is considered low risk and not categorized as hazardous waste. C. Grantor hereby warrants and represents that il) Grantor has sufficient title in the Subject Property to fully convey to Counly all of the property rights and interests described in the Easement Area, subject to any mortgage. loan, required consent or other supe rior interest or matters affecting title to the Propertv , and (2) that Grantor's title in the Properry shall not be compromised or transferred by any voluntary or involuntary transfer of any property interest, or the voluntary or involuntary creation of any lien, in the Property to someone other than the County prior to close of escrow. County acknowledges the prior existence of an "Agreement Declaring Restrictive Covenants" recorded on titie in favor of the State of Califomia Department of Transportation related to grant tunding awarded to Grantor at the time of Grantor's acquisition of the Properfy (Doc. No.2000-019357, Official Records, San Luis Obispo County). D. County, at its sole cost and expense, shall be responsible for all instailation, maintenance, repair and replacement of improvements in and along the boundaries of the Easement Area, including but not limited to all required fencing, grading, and drainage related to the proposed Pathway. The Ccunty's development of the improvements to the Easement Area, and opening for public use, is subject to the resources available to the County, as the parties agree that the Easement Area shall not be open to public use until the County has installed the planned Pathway improvements and has lormally opened the Easement Area to the public. E. County shall be responsible for enforcing all rules and regulations applicable to conduct and activity on the Pathway, including, but not limited to unlawful camping and trash removal. County's responsibility to begin coordinating proceedings to enforce against unlawful camping is irnmediate upon discovery or notification from Grantor, its agents, or any member of the public; that notwithstanding, the Grantor shall have the right, but not the obligation, to enforce rules and regulations applicable to conduct and activity on the Pathway. It is expressly understood that County's enlbrcement responsibilities as set forth in this paragraph 8.E shall be at the discretion of County and shall not be considered a mandatory dufy or otherwise modifu County's Page 77 of 603 tiability under the Government Ciaims Acr, Govemment Code $$ 810 et seq F. County shall maintain the Easernent Area, including maintenance items such as removal of trash and abandoned personalproperty, graffiti abatement, as well as upkeep offencing and any revegetation and I or erosion control measures, in a good and workmanlike manner and shall not allow the Easement Area to fall into disrepair. Upon seven Calendar (7) days' notice by Grantoithat the Easement Area has fallen into a state of disrepair, the Countv must undertake efforts to ameliorate the condition ofthe Easement Area. If Counfy fails or is unable to maintain the Easement Area upon notification from Crantor, then County shall close the Easement to public use until such time as it is able to take corrective or remedial action. G. County shall adopt and implement mitigation measures and a monitoring program in accordance with the Mitigarion Monitoring and Reporting Program (MMRP), Appendix A to the Environrnental lmpact Report (Exhibit "C") attached hereto and incorporated herein. H. fndemnification by Countv. COLI{TY SHALL INDEIvIIIIFY, DEFEND AND HOLD GRANTOR I-LAfu\{LESS FROM AND AGAINST ANY AND ALL CLAIMS, COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, ACCOUNTANTS'FEES, CONSULTANTS' FEES, COURT COSTS AND TNTEREST), LIABILITIES, ACTIONS AND DAfuIACES (COLLECTIVELY, "CLAIMS") By OR ON BEHALF OF ANy PERSON OR PERSONS AzuSNG lli CONNECTION WITH THE COTINTY'S NECLIGENT USE OF THE EASEMENT AREA AS WELL AS COTINTY'S ENFORCEMENT ACTIONS TAKEN IN THE EASEMENT AREA PURSUANT TO THIS AGREEMENT, AND EXCEPTING Ai{Y CLAIMS OCCURRIilIC WITHIN THE EASEMENT ANDIOR ON GRANTOR'S ADJACENT REAL PROPERTY WHICH RESULT FROM GRANTOR'S WILLFUL OR NEGLIGEJ\iT ACTS OR OMISSIONS, OR GRANTOR'S FAILURE To GUARD OR WARN AGAINST A DANGEROUS CONDITION, USE, STRUCTURE OR ACTIVITY ON GRANTOR'S ADJACENT REAL PROPERTY. 9. Benefits and Burdens Run with the Land. The benefits and burdens of this Agreement run rvith the land and shall not be severed from the Servient Tenement. 10. Temparary Conslruction Easemeng. In addition to the Easement, Grantor hereby further grants to County a Temporary Construction Easement ("TCE") on the Properry within that certain area depicted on the Right of Way N{ap aftached as Exhibit "pi' attached hereto and made a part hereof, for the purpose ofall reasonable construclion and construction support activities related to the Project including, but not limited to the stockpiling of materials, soil, and equipment. The TCE shailcommence on the commencement of construction, and shallterminate upon completion of Pathway project or three (3) years frorn the date of commencement, whichever shall occur first. The amount shown in clause 2.a. herein includes, but is not limited to, full payment for said TCE, including severance damages, if any. Prior to commencing utilization of the TCE, at the County's expense, an existing conditions inventory will be prepa;ed for the TCE area and agreed upon by Grantor and Countv that it is representative of the condition of the TCE. Upon completion of Project construction, the TCE area shall be generally restored Page 78 of 603 to the condition that existed prior to construction in accordance with the documentation in the existing conditions inventory, to the extent reasonably practical. I L Severabilitl:. The invalidity of any provision of the Agreement shalI not affect the validity or enforceability of any other provision of this Agreement. 12. nameOtes Xot -gxct.uSl*. The use by either party' of any rtmedy specified heiein for thi enforcement of the Agreement is not exciusive and shall not deprive the parfy using such remedy of or limit the application of any other remedy provided by law. 13. Law. This Agreernent has been executed and delivered in the State of Califomia and the validity, enforceabilify, and interpretation of any of the clauses of the Agreement shall be determined and govemed by the laws of the State of California. 14. Venue. San Luis Obispo County shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. l5. Corporat-e Authority. Any individual executing this Agreement on behalf of Granfor represents and warrants that he is duly authorized to execute and deliver this Agreement on behalf of Grantor, and that this Agreement is binding upon said Grantor in accordance with its terms. 16. Entire Agreemeet. This Agreement constitutes the entire agreement between Grantor and County relating to the above easement. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by Grantor and County. No person shall sign for the County except the Chairperson of the Bcard of Supervisors. Grantor shall not rely on representations made by or signatures of any other person(s) acting on behalf of Counfy. 1,7. Repotdatiqn qf Agreelnent. This Agreement shall be recorded in the Official Records of San Luis Obispo County. {S i gnature s Gppear on follow ing pa ge) Page 79 of 603 lN WITNESS WHEREOF, Grantor and Counfy have executed this Agreement on the respective date set forth below GRANTOR: City of San Luis Obispo, a California Charter lv{unicipal Corporation By:Daaeda Printed Name: Erica A. Stewart Title. Mayor CALI FORNIA ALL-PURPOSE ACKNOWLEDG MENT ctvtl coDE 1189 Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Luis Obispo On Aor.\ q 20}4betore me,Megan Wilbanks Notary Public (date)(name) Personally appeared Erica A. Stewart (Name af Signer) who proved to be rne on a basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hisiher/their signature{s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. lcertify under PENALW OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WTNESS my hand and officialseal Signature Cdtln. Erplt6 Frb tl, 2018 wlL8axx5 lurry Publie - Califomia tdlr Luis Onhpo (ounty Coilili$lon # Z460tt2 Place Notary Sea/ Above Page 80 of 603 COTJNTY OF SAN LUIS OBISPO Supervisors County of San Luis Obispo f ,^r"u1lt 20 ATTEST: i ). .4 MATT PONTES . 'Ex-Offrcio Clerk of the Boardjpi,. , '. *t; - :i,,."+. ,'*lt)ilwM *"pl'l'-cf1k APPROVED AS TO FORM AND LEGAL EFFECT RITA L. NEAL Counsel By Dated: fr *.-, 7t)20 Lq County Counsel G:ay\Common\Bob Jones Trail 320096\_OwnersV2-12.A1,03,07 City of SLO\Offer pkg\Easement Agreement BJP City of FINAI..docxsLo Page 81 of 603 CALI FORN IA NOTARY ACKNOWLEDG EM ENT State of California County of San Luis Obispo On July 16. 2024 , before me, Niki Martin, Deputy Clerk of the Board of Supervisors, (lnsert the name and title of the officer) personally appeared Debbie Arnold who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iS/are subscribed to the within instrument and acknowledged to me that he/rhe/they executed the same in his/he/their authorized capacity(ies), and that by his/hedtheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certifli under PENALry OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and officialseal E '.: Matthew P. Pontes. County Administrative Officer and Ex-Officio Clerk of the Board of Supervisors Signature WAlW\a/6LL Deputy Clerk of the Board of Supervisors (SEAL) ^ ^"t." ,, -+ l,'3 :.':: ; ? 1 . c: E ? :. rl r- ; :''1. : ': ,t t ,A '* ' ;o.h', "'!.. { i A notary public or other ofiicer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Page 82 of 603 EXHIBIT A (PAGE 1 OF 3) LEGAL DESCRIPTION Real property in the City of San Luis Obispo, Counly of San Luis Obispo, Stale of California, described as foilows: A.P.N. 076-061-075 Government' tsts 2 and 3 sf Seetisn -15 and GovernmenE tot -1 of Seetion 16; all in Townshig3l South; Range 12 Easf Mount Diablo Base Meridian, in the County of San Luis Obispo, State of California, according to the official plat of said land. Excepting therefrom any portion of said land lying within the bounds of the property conveyed to the State of California, by instruments recorded in Book 79, !qgg_15?; Bcpk 4-i4.pAqe-Lrs) and Book 1206. Pqge 7!3 of Official Records, County of San Luis Obispo. AIso excepting therefrom that portion of said land as described in Notice of Voluntary Merger recorded April 12, 2000 as Instrument No. 2000-019358 of Official Records, County of San Luis Obispo, described as follows: A portion of Government Lots 2 and 3 in Section 15, Township 31 South, Range 12 East, and a portion of Government 1 in Section 16, Township 31 South, Range 12 Easl, Mount Diablo Base Meridian, in the County of San Luis Obispo, State of California, according to the official plat of the survey of said lands approved by the Surueyor General on Novernber 2t, t867 described as follows: Beginning at the Northwesterly most corner of said Government Lot 2; said point lying North 85" 31'58' West, 660.17 feet from a corner marked S.F. #4, as shown on the Survey of Loi 38 of the Ranchita de Santa Fe, according to the official plat of the survey of said lands approved by the Surveyor General on May 3, 1859, an I inch by I inch post at the intersection of lwo fence lines according to the map filed in Bqok 21 of Regqr{ ql Sqrveys at Page g, records of said County thence; 1. South 85o 31'58" East along the boundary of said Ranchita de Santa Fe, a distance of 353.15 feet; thence 2. North 74o A4'53" East, 36.75 feet; thence 3. North 34o 22'53" East, 159.06 feet; thence 4. North 54o 46'53" East,358.38 feet; thence 5. Notth 34" 32' 53", 4L4.53 feet to S.F,#5, being the Northwest corner of said Government Lot 2; thence 6. North 89" 40' 11" East, along the North line of said Lot 2, a distance of 222.69 feet to the East line of said Lot 2; thence 7. South 00" 15'00" West, 982.27 feet; thence 8. Leaving the East line of said Lot 2, South 53" 35'28" West, 232.84 feet; thence 9. South 39a 2y 31" West, 205.03 feet; thence 10. South 83" 14' 28" Wesl, 23A.24 feet, more or less to a point on the South line of said Lot 2; thence 11. Notth 47a 49' 10" West, 913.75 feet, more or less, to a point on the West line of said Lot 2 and on the East line of said Lot 1, said point being twenty-five (25) feet from, measured at rightangles to, the Southwesterly line of said Ranchita de Santa Fe; thence 12. North 54o 46'58" West along a line twenty-five (25) feet from and parallel with said Southwesterly line 1293.24 feet; thence 13. South 560 18'39" West 15.08 feet; thence 14. North 54" 46' 58" West, 42,72 feet, more or less, to a point on a non-tangent curve, concave to the Southeast, having a radius of 1960.00 feet, a radialline to said curve bears North 34o 27'07" West, said curve being the Southeasterly boundary of South Higuera Street; thence 15. Norheasterly along the arc of said curue through a central angle of 01o 15' 08" an arc length of 42.83 feet; thence 16. Leaving said Southeasterly boundary, South 54" 46' 58" East, 1308,78 feet to the point of beginning Page 83 of 603 EXHIBIT A (PAGE 2 OF 3) Real propefi in the unincorporated area of the County of San Luis Obispo, State of California, described as follows: APN: 076:061:078 Thalpa:tof Government Lol l in Section 16, Township 31 South, Range 12 East, Mount Diablo Base and Meridian as conveyed to the State of California, by parcel "THIRD" in deed recorded February L3,1947 in Valume 434 at page 216, Official Records of San Luis Obispo County. Together with any right, title or interest in said Sectien,eonveyed tS_lhe State of California by deed recorded December 3, 1929 in Volume 78 at page 152, Official Records of said County that lies southeasterly of the relinquishment of said county recorded in volume 503 at page2].7, officialRecords of said county. Page 84 of 603 EXHIBIT A (PAGE 3 OF 3) A.P.N. 076-121-018 All that parcel of Lot 6 of the Rancho San Miguelito, in the County of San Luis Obispo, State of Catifornia, described as follows: Commencing at a post marked "S.M.6", and running thence South 79o 45'East, 2181.90 feet to posl marked-!S;38f thenee South t4o30rWes$75L08 fdet; then€e South 75" 45'-Wesu955;5&teet;. thence North 70 West, 557.70 feet to the west side of former right of way of Railroad; thence along sarne South 11" West 130.68 feet; thence West, 166.96 feet; thence North 1Bo Easi, 303.60 feet; and thence North 2" West, 1500.84 feet to the point of beginning. Excepting therefrom that portion conveyed to W.T. Scott by Deed recorded in Boo!< !{-Pag_e_200 of Deeds, records of said County, described as follows: Beginning in the westerly line of Lot 6 of the SuMivision of the San Miguelito Rancho, at a point South 20 Easf 601.26 feet distant from the Northwest corner'S.M.6'of said San Miguelito Rancho and running thence South B7o East, 2653.86 feet to the East line of said Lot No. 6; thence along said East line South 14o 30'West, 499.62 feet; thence South 75o 45'West, 1955.53 feet; thence North 89" West, 491.70 feet; thence South 12o Wesf 125.40 feet; thence West 166.98 feet to the West line of Lot No. 6; thence along said West line North 15o East, 303.60 feet; thence North 2" West, 899.58 feet to the point of beginning. Also excepting therefrom any podion of said land lying within the bounds of the propefi conveyed to the state of california by instruments recorded in Eoqj< 78, fagq 15?; gopk 434, pqge 216; and Bqg( 120Q. Page 713 of Official Records, County of San Luis Obispo. Page 85 of 603 EXHIBIT B LEGAL DESCRIPTION PERMANENT EASEMENT File no: 0019-0101-0't February 13,2424 That 12 East, California, according to the official plat of said land thereof approved by the Surveyor's General's Office on June 12, 1872 and that portion of Lot 6 of the Rancho San Miguelito, in the County of San Luis Obispo, State of California, according to the map recorded May 05, 1882 in Book A, Page 38 of Maps in the Office of the County Recorder of said County, described as follows: COMMENCING at a found 2" brass cap station 655+3t.04 99.07' left shown on the State of California Division of Highways Coordinate Control Map S.L.O.-l01 PLM 24.8 lo 27 .9 sheet 2 of 2 ref data = F.B. Doc. 3077 on.file at the District 5 Office from which a found 1.25" diameter iron pipe, no tag, shown as a 1.25" diameter iron pipe tagged RCE 6923 (S.M.#26t on Parcel Map No. CO 72-183, according to the map recorded March 11 , 1973 in Book 10, Page 94 of Parcel Maps of said county, shown as station "ER" 551+06.14 , 324.61' left on the State of California Division of Highways Right of Way Map 05-SLO-101 Old SLO-2-E dated 1947 sheef?4 of 32 on file at the District 5 Office bears South 24" 44'55" West 9916.90 feet [South 24" 44'35" West 9916.86 feet calculated from data shown on said Coordinate Control Map and said Right of Way Mapl: Thence South 22"47'14" West, 3488.04 feet to the beginning of a curve to the left having a radius of 120.00 feet, the center of said curve bears (RAD1) South 31"41'09" East; Thence along the arc of said curve (C1) through a central angle of 28"54'19" a distance of 60.54 feet to the beginning of a reverse curve, having a radius of 200.00 feet and the POINT OF BEGINNING of a strip of land 28 feet wide lying 15 feet southeasterly and 13 feet northwesterly of the following described line, a point hereinafter referred to as Point A bears South 60'35'28" East 15.00 feet; Thence along the arc of said curve (C2) through a central angle ol22'53'49" a distance of 79.93 feet; Thence {L1) South 52"18'21" West, 161 .81 feet to the beginning of a tangent curve to the right, having a radius of 120.00 feet; Thence along the arc of said curve (C3) through a central angle of 21"36'32" a distance of 45.26 feet to the beginning of a reverse curve, having a radius of 120.00 feet; Page 1 of 6 of Exhibit B Page 86 of 603 Thence atong the arc of said curve (C4) through a central angle of 22'22'02" a distance of 46.85 feet; Thence (L2) South 51"32'52" West, A2.74 feet to the terminus of said strip and the beginning of a strip of land 26 feet wide tying 13 feet southeasterly and 13 feet northwesterly of the following described line and to the beginning of a tangent curve to the left, having a radius of 200.00 feet; Thence along the arc of said curve (C5) through a central angle of 55"38'23" a distance of 194.22 feet, a point hereinafter referred to as Point B bears (L5) North 85"54'29" East 13.00 feet; Thence (L3) South 04o05'31" East, 1 16.12 feet to the beginning of a tangent curve to the right, having a radius of 500.00 feet; Thence along the arc of said curve (C6) through a central angle of 22'55'06" a distance of 200.00 feet; Thence (L4) South 18o49'35" West, 181 .07 feet to the beginning of a tangent curve to the left, having a radius of 1500.00 feet; Thence along the arc of said curve {C7) through a central angle of 05"08'04" a distance of 134.42 feet to the beginning of a tangent curve, having a radius of 1500.00 feet, a point hereinafter referred to as Point C bears (L10) South 76'18' 29" East 13.00 feet; Thence along the arc of said curye (C8) through a central angle of 00'1 1'A4" a distance of 4.83 feet to the beginning of a tangent curve, having a radius of 1500.00 feet, a point hereinafter referred to as Point D bears (L1 1i North 76"29' 33" West 13.00 feet; Thence along the arc of said curve (C9) through a central angle af A1"22'03" a distance of 35.80 feet to the beginning of a tangent curve, having a radius of 1500.00 feet, and the beginning of a strip of land 28 feet wide lying 15 feet southeasterly and 13 feet nodhwesterly of the following described line a point hereinafter referred to as Point E bears (L12) South77"51' 36" East 13.00 feet; Thence along the arc of said curve (C10) through a central angle of 13"53'31" a distance of 363.69 feet more or less to the north line of the land that portion of said Lot 6 of the Rancho San Miguelito conveyed to W.T. Scott by Deed recorded in Book 54, Page 200 of Deeds, records of said County. Excepting therefrom that portion lying southerly of the north line of the land that portion of Lot 6 of the Rancho San Miguelito conveyed to W.T. Scott by Deed recorded in Book 54, Page 200 of Deeds, records of said County. PageZ of 6 of Exhibit B Page 87 of 603 Also exce,pting theqefrom that portion ly-ing nortiwesterly and westerly of the southeasterly and easterly line of South Higuera Street, a County road, relinquished by the State of California and described in Document No. 1290 recorded February 9, 1949 in Volume 503, Page 217 of Official Records in the Office of the County Recorder of said County, shown as Parcel 737 on the State of California Division of Highways Right of Way Map 05-SLO-101 at post Mile R 25.0 on file at the District 5 Office and described in Doeument No. 8009 recorded April 28, 1967 in Volume 1433, Page 245 of Official Records in the Office of the County Recorder of said County, shown as Parcel 1281 on said Right of Way Map. Together with ParcelA Beginning at hereinabove described Point A and the beginning of a non-tangent curve to the right having a radius of 1045.56 feet, the center of said curve bears (RAD2) South 59'50'57" East; Thence along the arc of said curve (c11) through a central angle of 01'48'55" a distance of 33.13 feet to the southeasterly line of hereinabove described South Higuera Street, a County Road and to the beginning of a non-tangent curve to the left having a radius of 2012.57 feet, the center of said curve bears (RAD3) South 34'31'0G" East; Thence along said southeasterly line and along the arc of said curve (C12) through a central angle of 001"A2'41" a distance of 36.70 feet to a point that bears North 60'35'28" West from said Point A; Thence South 60"35'28" East, 14.88 feet to said Point A, Parcel B Beginning at hereinabove described Point B and the beginning of a curve to the right having a radius of 187.00 feet, the center of said curve (RAD4) bears North 85'54'29" East; Thence along the arc of said curve (c13) through a central angte of 08"52'18" a disiance of 28.95 feet; Thence (L6) South 74'11'02" East, 10.20 feet to the beginning of a non-tangent curve to the left having a radius of 177 .0a feet, the center of said curve bears (RADS) South 85"51'09" East; Thence along the arc of said curve (c14) through a central angle of 08"14'22" a distance of 25.45 feet; Page 3 of 6 of Exhibit B Page 88 of 603 Thence (L7) South 04"05'31" East, 22.9A feet; Thence (L8) North 74"11'02" West, 10.64 feet to a point that bears South 04"05'31. East from said Point B; Thence {L9} North 04'05'31" V\/est, 19.27 feet to said Point B Parcel C Beginning at hereinabove described Point C; Thence (Ll3) South 86"55'23" East, 17.30 feet to the beginning of a non{angent curue to the left having a radius of 1470.00 feet, the center of said curve bears (RADO) South 76'11'02" East; Thence along the arc of said curve (C15) through a central angle of 01'34'58" a distance of 40.61 feet; Thence (LG) North 86'55'23" West, 15.19 feet; Thence (L15) North 77"51'36" West, 2.00 feet to hereinabove described Point E and the beginning of a non-tangent curve to the right having a radius of 1487.00 feet, the center of said curve bears South 77"51'36" East; Thence along the arc of said curve (C16) through a central angle of 01'33'07" a distance of 40.28 feet to said Point C. Parcel D Beginning at hereinabove described Point D and the beginning of a curve to the left having a radius of 1513.00 feet, the center of said curve bears South 76"29'33" East; Thence along the arc of said curve (C17J through a ceniral angle of 01"31'48" a distance of 40.41feet to the southeasterly line of hereinabove described South Higuera Street, a County Road and the beginning of a non-tangent curve to the right having a radius af 2120-AO feet, the centerof said curve bears (RAD7) South 89"06'57" East; Thence along said line and along the arc of said curve {C18} through a central angle of 01"44'37" a distance of 39.85 feet to a point that bears North 86"55'23" West, from said Point D; Thence (L16) South 86"55'23' East, 7.93 feet to said Point D Page 4 of 6 of Exhibit B Page 89 of 603 The bearings and distances of this legaldescription are based upon the California Coordinate System of 1983, CCS83, Zone 5 projection, (2010.00) in accordance with the California Public Resources Code Sections 8801-8819; and are based locally upon field-observed ties to the following National Geodetic Survey (NGS) Continuously Operating Reference Stations (CORS) with the published station values as tabulated below: CORS Station Northing (sFT) Easting (sFT) NAD 83(2011) Ellipsoid Heiqht (sFT) Accuracy P513 2.163.030.39 5,767,197.37 935.70 Not Published P523 2.309.259.76 5,748342.54 137.74 Not Published The Combined Scale Factor, Convergence Angle and the values used to calculate them are shown below: All coordinates and distances shown, unless otherwise noted, are in terms of the U.S. Survey Foot (sFT). As used in tables above, Elevation refers to derived California Orthometric Heights ('COH88') or equivalent of the point where the mapping angle and combination factor were calculated in terms of the North American Vertical Datum of 1988 ("NAVD88") and Height refers to the vertical value of the California Geodetic Coordinate or equivalent ellipsoid height used to calculate the combination factor. Distances shown hereon or inversed from coordinates shown hereon are in reference to CCS83. To approximate localground distances, divide by the combination factor provided hereon. Containing 0.86 acres more or less. The above described land is graphically shown on Exhibit 81, being 7 sheets, attached hereto and made a part hereof. Northing (sFT) Easting (sFr) Elevation isFT) NAD 83{2011) Ellipsoid Heiqht {sFT) Convergence Angle Combined Scale Factor 2,276,161.70 5,756.930.66 61.952 -52.836 -1'32',09.24"0.99996 Page 5 of 6 of Exhibit B Page 90 of 603 L. Bradshaw, P.L.S. 8298 Date Signed: February 13,2024 End of Description t No.8298 I(.) It OF,CAL NA DL $ Page 6 of 6 of Exhibit B Page 91 of 603 LEGEND LEGAL DESCRIPTION AREA 0.86 ACRES MORE OR LESS POINT OF COMMENCEMENT FOUND 2'' BRASS CAP STATION 655+31.04 99.07' LEFT SHO\ /N ON THE STATE OF CALIFORNIA DIVISION OF HIGHWAYS COORDINATE MAP S.L.O. -101 PLM 24.8TA 27.9 SHEET 2 OF 2 REF DATA -F.8. DOC 3077 ON FILE AT THE DISTRICT 5 OFFICE SHEET 3 / I /t GRAPHIC SCALE 300' 600'1,2A0' (rN FEET) 1lN=600FT FOUND 1.25'' DIAMETER PIPE, NO TAG, SHOWN AS 1.25'' DIAMETER IRON PIPE TAGGED RCE 6923 ON PARCEL MAP NO. CO72-183 (10/PM/94) ANDAT "ER" STATION 551+06.14, LEFT 320.61' OF STATE OF CALIFORNIA, DIVISION OF HIGHWAYS, RIGHT OF WAY MAP Os-SLO-101, OLD SLO-2-E, DATED. 1947, SHEET 24 0F 32 612 CLARION COURT SAN LUIS OBISPO, CA 93401 T 805 544-401 1 F 805 5444254 w.wlla@group.us 0 2SHEET I II \ SHEET 4 SHEET 5 CITY OF SAN LUIS oBtsPo LOT 1 SEC 16 T31S R12E MDM SHEET 7 I ?l[?,:iffii,J:OB,SPO MB 38 MAINO TRUST PARCEL 1 44PM27 --_--l--- /54/DDS/200 II TXHIBIT B{ POR. OF LOT { SEG {6 T3{S R12E MDM & POR. LOT 6 A/MB/38 GOUNTY OF SLO, GA SHEET 1 OF 7 OF EXHIBIT 81 JOB No.: 001$0101 DRAWING : 07S121{IBCITYSLO DMWN BY: LG DATE: 202+Al1S SCALE : 1'= 600'WALIACE GROUPo Page 92 of 603 LINE AND CURVE TABLE CURVE/ LiNe *RADIUS DELTA/ eEARrNc DISTANCE c1 120.00'028" 54'19"60.54' c2 200.00'022" 53',49"79.93' c3 120.00'021'36'32"45.26', c11 1045.56'001'48'55"33.1 3' c12 2012.57'401" 02'41"36.70' L1 N 52" 18'21" E 161.81' SEE SHEET 1 FOR DESCRIPTION ^-aiS -Y-' ,Sr,V /ot PARCEL A c1 LEGEND RAD RADIAL 0 LEGAL DESCRIPTION AREA 0.86 ACRES MORE OR LESS POINT OF BEGINNING 28'WDE STRIP \- SEE DETAIL \ POINT A POINT OF BEGINNTNG FOR PARCEL A CITY OF SAN LUIS OBISPO LOT 1 SEC 16 T31S R12E MDM^&9'--l / POINT OF BEGINNING 28'WDE STRIP--- 0.12' 7g \ 09,(t GRAPHIC SCALE 25', 50' (rN FEET) 1lN=50FT 100' POINT A POINT OF BEGINNING FOR PARCEL A DETAIL RADIAL TABLE RADIAL BEARING RADl s31" 41'09"E RAD2 s59'50'57"E RAD3 s34'31'06"E EXHIBIT B' R. OF LOT { SEG {6 T3{S R{2E M & POR. LOT 5 A/MB/38 couNTY oF sl.o, GA F EXH IT B,I JOB No. : 00190101 DRAWING : 07S121{18 CITY SLO DMWN BY: LG DATE: 202441-19 SCALE: 1" = 50'WAIIACE GROUPo 6,12 CLARION COURT sAN LU|S OB|SPO, CA 93401 T 805 54,L401 1 F AO5 544429+ w-wlla@group.us L_NOT TO Page 93 of 603 LEGEND RAD RADIAL LEGAL DESCRIPTION AREA 0.86 ACRES MORE OR LESS (J;1 CITY OF SAN LUIS OBISPO LOT 1 SEC 16 T31S R12E MDM CITY OF SAN LUIS oBlsPo 1708-oR-653 POR. LOT 1 516 T31S R12E MDM 0 GRAPHIC SCALE 25', 50'100' (rN FEET) 1lN=50FT JOB No.: 00190101 DMWING : 07S121.018CIYStO DRAWN BY: LG DATE: 2024-01-15 SCALE: 1'= 50' LINE AND CURVE TABLE CURVE/ LINE #RADIUS DELTA/ BEARING DISTANCE c4 120.00'022" 22',02"46.85' L2 s 51'32'52" W 342.74' 6J2 CLARION COURI sAN LUIS OBISPO, CA 9340'1 T 805 544-40'1'l F 805 s44-4294 {w,Mlla@group.0s EXHIBIT B{ OF LOT 1 SEC {6 T3{S R{2E MD & PTR. LOT 6 A/]UIB/38 couNTY oF sl-o, cA WALIACE GROUPo Page 94 of 603 0 LEGEND RAD RADIAL GRAPHIC SCALE 25', 50' (rN FEET) 1lN=50FT L5 (TlE) 13.00' LEGAL DESCRIPTION AREA 0.86 ACRES MORE OR LESS 100'CITY OF SAN LUIS oBtsPo 1708-oR-653 POR. LOT 1 516 T31S R12E MDM 7e CHANGE IN WDTH A ^"eo)c \</ rE RAD5 PARCEL B 4 POINT B POINT OF BEGINNING FOR PARCEL B AtJoo) F-) 13.00' 1708-0R-653 POR. LOT 1 516 T133 R12E MDM 612 CLARION COURT SAN LUIS OBISPO, CA 9340,I r 805 5444011 F 805 5444294 w.wlla@group.us / (r) o,J l- cr) -J RADIAL TABLE RADIAL BEARING RAD4 N85'54'29"E RAD5 s85'51'09"E LINE AND CURVE TABLE CURVE/ LINE #RADIUS DELTA/ BEARING DISTANCE c5 200.00'055" 38'23"194.22', c13 187.00'008" 52'18"28.95' c14 177.00'008' 14'22"25.45' L3 s 04" 05'31" E 116.12', L5 N 85'54'29" E 13.00' L6 s 74" 1 1',A2" E 14.20', L7 s 04'05'31" E 22.90', L8 N 74' 11'02" W 14.64', L9 N 04'05'31" W 19.27', EXHIBIT B{ R. OF LOT { SEC 16 T31S R12E MD & PTR. LOT 6 A/MB/38 couNTY oF sl.o, GA JOB No.: 001S0101 DRAWING : 07S121{18 CITY SLO DATE: 202441-19 SCALE: 1'= 50' DRAWN BY: LG WAIIACE GROUPo Page 95 of 603 LINE AND CURVE TABLE CURVE/ LINE #RADIUS DELTA/ BEARING DISTANCE c10 1500.00'013'53'30"363.69' 13.00'1 F(tq F0'o u tJJ5o{rFf,o(n POR. LOT 1 516 T135 R12E CITY OF SAN LUIS OBISPO LOT 1 SEC 16 T31S R12E MDM SEE SHEET 6 CITY OF SAN LUIS OBISPO PORTION LOT 6 MB38 00, 1 t AO, LEGEND RAD RADIAL GRAPHIC SCALE 50' 100' (rN FEET) 1lN=100FT 612 CLARION COURT sAN LUIS OB|SPO, CA 93401 T 805 544-401 1 F 805 5441294 w.Mlla@group.us LEGAL DESCRIPTION AREA 0.86 ACRES MORE OR LESS T-- L ___J or O 0 24O', 15.0a, JOB No.: 00190101 DMWING : 07S121{18C|TY SLO DMWN BY: LG DATE: 2024.01-19 SCALE: 1'= 100' EXHIBIT B{ OF LOT { SEC {6 T3{S R{2E M & POR. LOT 6 A/MBI38 couNTY oF sl-o, GA 5 FHWALIACE GROUPo Page 96 of 603 POINT D POINT OF BEGINNING FOR PARCEL D LEGEND RAD RADIAL POINT C POINT OF BEGINNING FOR PARCEL C (o€ro L6 F LEGAL DESCRIPTION AREA 0.86 ACRES MORE OR LESS 0 GRAPHIC SCALE 10' 24', (rN FEET) 1lN=20FT 40' 116 I 12 POINT RADIAL TABLI RADIAL BEARING RAD6 s76" 1 1'02"E RADT s89" 06'57"E LINE AND CURVE TABLE CURVE/ LINE #RADIUS DELTA/ BEARING DISTANCE c8 1500.00'000" 11'04"4.83', c9 1500.00'001'22'03"35.80', c15 1474.00'001'34'58"40.61' c16 1487.00'001" 33'07"40.28', c17 1513.00'001" 31'48"40.41', c18 2120.00'001" 04'37"39.85' L6 N 86' 55'23" W 15.1g', 110 s 76'18'29" E 13.00' L11 N 76'29'33" W 13.00' L12 s 77" 51'36" E 13.00' 113 s 86' 55',23" E 17.30' 115 N 77' 51'36" W 2.00' L16 s 86' 55'23" E 7.93' EXHIBIT B{ R. OF LOT { SEG {6 T3{S R{2E M & PTR. LOT 6 A/MB/38 GOUNTY OF SLO, CA F B1 JOB No.: 001$0101 DRAWING : 07&121.018 ClTi SLO DMWNBY: LG DATE: 202+01-15 SCALE: 1'=?0'WAII-{CE GROUPo 612 CLARION COURT sAN LU|S OBtSPO, CA 9340'r T805 W0r1 F 805 5444294 lM.walla@group.us Page 97 of 603 LINE AND CURVE TABLE CURVEi LINE #RADIUS DELTAI BEARING DISTANCE c10 1500.00'013" 53' 30"363.69' 4 -l o F O 15.00' LEGEND RAD RADIAL GRAPHIC SCALE 25'. 50', (rN FEET) 1lN=50FT LEGAL DESCRIPTION AREA 0.86 ACRES MORE OR LESS Ful tIJg. Fa tulfII -F:)oa CIry OF SAN LUIS OBISPO PORTION LOT 6 AMB38 54/DDS/200 0 100' MAINO TRUST PARCEL 1 44PM27 JOB No.: 001$0101 DRAWING : 070121{18 CITY SLO DMWN BY: LG DATE; 2024-A1-19 SCALE: 1"=50' OF LOT { SEG {6 T3{S R{2E M & PTR. LOT 6 A/MB/38 couNTY oF sl.o, cA SHEET 7 OF 7 OF EXHIBIT 81 EXHIBTT 612 CLARION COURT SAN LUIS OBISPO, CA 93401 T 805 U+4011 F E055r'.44294 M.Mlla@group.us Page 98 of 603 EXHIBIT C BOB JONES PATHWAY FINAL EIR - APPENDIX A MITIGATION MONITORING AND REPORTING PROGRAM 1. SrlruroRyReeulREMENT When a Lead Agency makes findings on significant environmental effects identified in an ElR, the agency must also adopt a "reporting or monitoring program for the changes to the project which it has adopted or made a condition of approval in order to mitigate or avoid significant effects on the environment" (Public Resources Code $21081.6(a) and California Environmental Quality Act Guidelines $15091(d) and S15097). The Mitigation Monitoring and Reporting Program (MMRP) is implemented to ensure that the mitigation measures and project revisions identified in the EIR are implemented. Therefore, the MMRP must include all changes in the proposed project either adopted by the project proponent or made conditions of approval by the Lead or Responsible Agency. 2. AoMrr{rsrRATroN oF THE MrnealoN MoNrroRrNG AND RepoRrt'to PRoe n*rra San Luis Obispo County (County) is the Lead Agency responsible for the adoption of the MMRP. As the project is a public action, the County is also considered the project applicant and is responsible for implementing, verifying and documenting compliance with the MMRP, in coordination with other identified agencies. According to CEQA Guidelines $15097(a), a public agency may delegate reporting or monitoring responsibilities to another public agency or to a private entity that accepts the delegation. However, until mitigation measures have been completed, the Lead Agency remains responsible for ensuring that the implementation of the measure occurs in accordance with the program. As a County project, verification of mitigation compliance and responsibility for compliance is the responsibility the County's designated Project Manager. The Project Manager will be responsible for coordinating plan reviews and field verification with the appropriate County department staff or outside agencies. 3. MmeanoN MEASURES AND RepoRrNG PRocRAM Table 1 is structured to enable quick reference to mitigation measures and the associated monitoring program based on the environmental resource. The numbering of mitigation measures correlates with numbering of measures found in the lmpact Analysis chapters of the Draft EIR (DEIR). The measures have also been revised to reflect any revisions made in the Revised Draft EIR (RDEIR) and Final ElR. ln addition to the mandatory mitigation measures, the MfulRP also reflects the voluntary mitigation measures that are part of project design and project description, as identified in the EIR. Page 1 of26 Page 99 of 603 EXHIBIT C Table 1. Mitigation Monitoring and Reporting Program Page 2 ol 26 *6sdrefbsAds{rd Re.so{ireeg Q*et*ra*&i&Ftto" VMM 1,1.AES,I . CountyDevelopment, including access roads. shall minimize visibility as viewed from any designated scenic road or highway to the greatest extent practical. Alternative locations ot standards may be approved where visual elfects are reduced to an insignificant level or where visibility is desired. . ReviewofFinal Design Plans . Prior to constructions VMM 1.1 .AES3 Vvhen screening is necessary io protect a sensitive visual reseurce, the following is appropriate. The site design shall use existing topographic features to the extent feasible- Where use of topography is not feasible, existing vegetation, new landscaping plants, berms and fencing may be used. Where feasible, the use of natural vegetaiion and/or landscaping shall take precedence over berms or fences. ln cases where vegetation is used, the design shall provide that at least 80 percent of the structure(s), as viewed from public rights-of- way, shall be screened by plants at maturity. New landscaping should use native species to the extent feasible. r Review and Approval ol Landscape and Planting Plans . Prior to Construction County VMM 1-1.AES4 New structures proposed on promineni ridgelines shall be locaied so that they are not silhouetted against the sky as viewed from public roads or the ocean. ' Review of Final Design Plans Review . Approval of Landscape and Planting Plans r Prior to Construction . Couniy VMIJ 1.1-AESs Grading and placement of structures shall occur at leasi 1 50 feei from bedrock outcroppings visible from public righi ofway o Review of Final Design Plans . Priot to mnstruction . County . Conlractor VMM 1-1.AES6 o Rerriew of Final Design PIans . Prior to 6nstruction . County . Contractor No grading or struclures shall occur on slopes greater than 20 percent (excepi in ihe case of trails) unless the CounV finds that there is no feasible alternative or that by allowing such grading or structures, the overall impacts would be better minimized. Grading shall be designed so that landform Page 100 of 603 EXHIBIT C Page 3 of 26 alterations a.e minimized to the extent feasible and blend with the natural topography by following existing contours where feasible. VMM 1.1-AES7 Building height and mass of proposed buildings as viewed from public rights-of-way shall be minimized to the extent feasible by using low-profile design and other methods. Colors shall not markedly contrast with the surrounding environment bui should complement and be similar to colors of sunoundings. . Review of Final Design Plans . Prio. to Construction e County vtvlM 1.'1-AES8 . County . Contractor Facilities shall be designed io minimize new light, excepi for the minimum required for safety. ln general, lighting fixtures shall be downcast and hooded. Night lighting shall limit spillover visible at sensitive uses such as residences to the maximum extent practical. Use of glare-producing materials shall be minimized. . Review ofFinal Design Plans . Review of Lighting Plan . Prior to Construction . During construction Mi&afonM€€su,es MM 2.1-1a . County . Contractor For land within the projeet's footprint under the County's jurisdiction, the County shall reiain a qualifled professional to select appropriate native plant materials (i.e., ground coverfor pathway shoulders, shrubs and trees for areas where these planls have been removed in the area of proposed bridges) that will cover graded cut and fill slopes and that are compat,ble with adjacent vegetation to minimize visual impacts. Selected species shall be crmpatible with the requirements of the Environmental Coordinator, or its designee. Landscape and planting plans shall be submitted io San Luis Obispo County Parks and the Environmental Coordinaior, or its designee, for review and approval prior to start of construction. Re-vegetation of disturbed areas shall take place concurrent with construction. The San Luis Obispo County Environmental CoorCinator or iis designee shall be lesponsible for mitigation monitoring to ensure mitigation planting is installed and maintained for five years. . Review and Approval of Landscape and Planting Plans . Prior to construction . During Project Constructiofl . Five Years Post- Construction Couniy Caltrans MM 2.1-1b For land wilhin the projecls footprint under Caltrans jurisdiction, the County shall select appropriate plant materials . Review and Approval of . Priot to cjonstruciion Page 101 of 603 EXHIBIT C Page 4 of 26 that will cover graded cut and fill slopes and that a.e compatible with adjacent vegetaiion to minimize visual impacts. Selected species shall be compatible with Caltrans .equirements and landscape standards. Plans shall be submitted to Caltrans or its designee for review and approval priorto start of consiauction. Re-vegetation ofdisturbed areas shall take place concurrentwith construction. The San Luis Obispa County Environmental Coordinator or its designee shall be responsibte for mitigation monitoring to ensure mitlgation planting is installed and maintained for five years. Landscape and Planting Plans . During Project Construction . FiveYearsPost- Construction . Conaactor MM2.1-2a The County shall design the proposed bridge structu.es and pathway improvemenis in accordance w;th the Highway Corridor Design Standards, where applicable- ln addilion, the bridge structure at the SLO Creek crossing within Segment 2 (Bunnell Bridge) shall have a maximum height limit that does not exceed an elevation of 80 feet (North American Vertical Datum 88 {NAVD88)), which equates to roughly I feet above the adjacent northbound Highway '101 lane, in order io reduce the veriical dimension of ihe structure and the potential fot visual intrusion inio the viewshed, . Review and Approval of Final lmprovement Plans ' Prior to Approval of Final lmprovement Plans o County . Contractor MM2.1-2c The County shall prepare a landscape plan that provides maximum feasible screening of all new structures (i.e., bridges, ramps, retaining walls) when seen from adjacent roadways. New trees shall be planted in conformity with County lists and shall be compatible with adjacent vegetation to supplement the screening of the bridge structures as geen from Highway 101 and San Luis Bay Drive. The design shall be prepared by a qualified professional and plans shall be approved by the Environmental Coordinator, or its designee, prior to start ofconstruction. All revegetation and planting shall be implemented concunent with p.oject construction. The Environmental Coordinator, or its designee, shall be .esponsible for mitigation monitoring io ensure mitigation planting is installed and maintained for five years. . Review and Approval of Final lmprovement Plans . Prior to Approval of Final lmprovement Plans . County . Confractor MM 2.1-3b For land within the projectfootprint under Caltransjurisdiction. the County shall select appropriate plant materials that will cover graded cut and fill slopes and that are compatible with . Review and Approval of Final lmprovement Plans . Prior io Approval of Final lmprovement Plans . County ' Caltrans . Contractor Page 102 of 603 EXHIBIT C Page 5 of 26 adiacent vegetation to minimize visual impacts. Selected species shall be compatible with Caltrans requirements. Plans shall be submitted to Caltrans or its designee for review and approval prior lo start of construction. All plantings and re- vegetation shall be implemented concurrentWith construction. The Environmenial Coordinator, or its designee, shall be responsible for mitigation monitoring to ensure mitigation planting is installed and maintained for five years. . During Construction . FiveYearsPost- Constauction MM 2.1-3c Prior to approval of final improvement plans. the County shall identify a texture or paftern for the vertical retaining surface specifically designed io .educe the large plane of unilorm vertical surface. ln addition, appropriate landscape shrubs are to be planted between the .etaining wall and the highway to provide screening. The design shsll be subject to rsview and approval by the Environmental Coordinaior or iis designee for compliance prior to start ofconstruction. Caltrans shall also be consulted where the projeci Falls within its jurisdiction. The Environmental Coordinator, or its designee, shall be responsible foi mitigation monitoring to ensure mitigation planting is insialled and maintained for five years. . Review and Approval of Final lmprovemeni Plans . Prior to Approval of Final lmprovemeni Plans . During Construction . FiveYearsPost- Construction . County Mtul 2.1-3d Prior to spproval of final improvement plans. the San Luis Obispo County Environmental Coordinator shall ensure that all proposed design and landscaping requirements are incorporated into the final design drawings. . Review and Approval of Final lmprovement Plans . Prior to Approval of Final lmprovement Plans . Couniy Agri6 ult trat Re sa.ases vtriM 1.1-AG 1 Pathway shall be sited so as not to be adjacent to agricultural operations to the extent feasible. Where necessary to prevent trespass, fences shall be incorporated into.the design. . Review of Final Design Plans . Prior to Construction County ttr[tigation Measurx MM 2.2-3a Prior to commencing construction, the County, in coordination with prope8 owners and the San Lsis Obispo County Department of Agriculture, shall develop and implement a . Revlew and Approval of Farmland Conflict . Prior to ConslFJction o County . County Department of Agriculture Page 103 of 603 EXHIBIT C Page 6 of 26 . The Land Conservancy Farmtand Conhidt Reduction Pldn- The Fannland ConflicJ Reduction Plan shall be subiect to review and approval by ihe San Luis Obispo Environmenial Coordinaior and shall include, at a minimum: Methods fior minimizing trespassing and disturbance by lr?rl uqeF; Proeedur€i for minimizifig pesticide exposure (ndtification, pathway closure, etc.); Rules to minimi2e confliets between dome-stic animals and livdslock; Establishrnentof potential temporary pathway etosure proCedures; and 1. 2. o, 4. 5.signage, striping, and fencihgExampfesofihe lequired, Reduction Plan o Review of Final Desiqn Plans . County . County Department of Agriculture o The Land Conservancy MM 2.2-3b As part of the Farmland Confiid Reduction PIan required th(ough implefnentation of miligation measure MM Z2-3a, the County shall prqvide signagd thai describes the importaflce ot the local agricultural lands and educate ihe public/users how io respect the sunounding irdportant resources and reduce conflicts, including, butnot limited to, the following: 1. Siaying on designated trailsj 2 Maintainin$ controf aif domFtic animals; 3, Minimizingiitteritaste; 4. P.ohibitingpickinsofcrops;and 5. Prohibiting thefeeding of or contact with livestock. Signage shall be locaGd atthe trailheads and along portions of the pathway that are located adjacent to large private agricultuial land holdings. All signage shall be installed prior b publb use of.ihe trait . Reviewand Approval of Farmland Conflict Reduction Plan . PriorTo Publlc Use Of Trail e County . Contractor MM2.2-3c As part of the Fannldi.rd Conflict Rdduction Plan required through implementation of mitigation measure MM 2.2-3a, the County shell designlthe pathr,lray alignment tqavoid agdculturaf road$ td the greatest extent feasible by locating the pathway alignment within existing rights-of-way andlor on ruderat lands. ln addition, pathway alignment and i#erseclions shall be designed to minimize conflicts with agricultural . Review and Approval of Farmland Conflict Reduction Plan . Review of Final Design Plans . Prior to Construction Page 104 of 603 EXHIBIT C Page 7 of 26 qperalions tlt'ough use of detqrring devi'6€s such as f€ncing, striping, signage, bollards, and paving. Pavement and intersectoft deveiOpm€nt standards Shall be iqenttied and ac€€rnmodat€i usai by agiicuttural machlnery an4 vehicles at all pathway/agricultural road intersection locations in order to minimize maintenance rcquirements where the pathway crosses agricutturaf roads. All methods of reducing con8ict shall be demonsirated on final construction documentsand will be subject to review and approval by the San Luis Obispo Environmentat Coodinator. . CounVMM 2.2-3d As part oithe F€nnland Ccilflict Reduction Plan iequired through implementatioft of mitigation nieasure MM 2.2.3a, circumstances that require temporary path\,r.ayclosuig shall be clearly defined. Such eircumstariees may inctude rouline maiRtenance.. agrlcultural spraying, or &tentiaf aldoi actual flood conditions. The timing of and average duration of routine temporary closures shall b€ clearly defined in the Farmland Cqnffict Reduertion Plan, Every effort shall be made to schedute temporary pathway clbsures during non-peak pathway usage periods, whi6h dre typipally weekends. holidays; and commute hours. Any tamporary closuies shall be cteady posled,at the trailheade, pai*ing areas, an$ point of closore. The notification shalt identify. lhe leaso.n for {he closuie, time and date of:closure, and duration of closure. Sign.tge shall be posted at least 24 hours prior to:closure and removed immediately upon the identfied duration or being ctearedfor re.opening bf the San Luis Obispo Environmental Coordinator. . Review and Approval of Farmland Conflict Reduction Plan . Prior to Construciion . Prior to construclion ' CountyMM 2 2-3e Prior io construction the County shall ensure that final construction documents include the requirements of the Farmland Conflict Reduction PIan and that the design is consisient with Appendices B, E, and F of the County of San Luis Obispo General Plan - Parks and Recreation Element. Plans shall be subjecl to review and approval by the San Luis Obispo County Environmental Coordinator. . Review and Approval of Final Constructi6n Documents . Pfior to Preparation of Final o CountyMM2.24a Prior to preparation offinal construction drawings, the County shall ensure that the proposed project minimizes the quantity r Review and Approval of Final Page 105 of 603 EXH1BIT C Page I of 26 and rate of runoff off-site- The pathway shall be graded to convey runoff to away from agricultural crops, orchards and/or fields to reduce runoff onto adjacent agricultural iands, Construction Drawings Construction Drawings . Prior to Public Use of Trail and Throughout Trail Operation . CountyMM2.24b Prior to use of lhe Bob J ones Patliway and throughout the ,ife of the projed, the County shall provide refuse bags and disposal cans fordomestic anitual wastb at thetrailheads and at aciessible, s€rviceabfe poinb along ihe route . Submittal of Mainlenanm Records . Review of Construciion Management Plan . Review of Equipment List . Prior to Construction . During Construction o CounV . Contractor VMM 1.1.AQl 1. lraintain equipment and vehicle engines in good condition and in propertune per manufaclurers' specificatione and APCD. 2. Use electricity from power poles rather than temporary diesel- or gasoline-powered generators. 3. Usemethanol-ornatural gas-poweredmobileequipment and pile dnvers instead of diesel if available. 4. Use propane- or butane-powered on-site mobile equipment if a./ailable. 5. Store volatile liquids in closed containers. 6. No open burning of debris, Iumber or other scrap permifted. 7. Evaluate, priortoflnal construction approval, a particular projecfs risk of releasing significant quantities of diesel particulate emissions, using APCD Guidelines. Proiects which may exceed acceptable thresholds may be required to insiall one or more pieces of liltering equipment and/or use emulsified fuels. 8, lmplementation of Dusi Control Measures. including the following: 'ffatered areas with vehicle traffic: minimum of iwice daily Streets adjacent to the project siie shall be swepi as needed. Page 106 of 603 EXHIBIT C Page 9 of 26 Exposed areas, new driveways and sidewalks shall be seeded, keated with soil binde.s, or paved as sobn as possible. Cover stockpiles of soil, sand and other loose materials. Cover trucks hauling soil, debris, sand or other loose materials. Sweep project area streets daily. Appoint dust control mon;tor to overseelimplement dust control. Contractor shall maintain continuous control of dusi from construction. When wind creates dust, to generate nuisance complaints, Contractor shall suspend grading operations, and/or water. During construction, minimized amount of disturbed arca. Onsile vehicle speeds should be reduced to 15 mph or less. VMM 1.1.AO2 Portable equipment used during construction activities must be in compliance with SLO APCD permit requirements, which may require statewide registration or issuance of a permit from the SLO APCD prior to any construction.. Review of Equipment List Management Plan o Review of Construcfion . Prior to Construction . Dunng Construction County Contractor vMM 1.1- BtOl e County . Contractor . Biological Monitor Do not install impediments (fences, struciures, lighiing) to wildlife conidore. . Review of Finel Design Plan . P!-ior to Construction . During Construction vMM 1.'1- BtO2 . Review of Final Design Plan . Prior to Consiruction . County ' Contfactor Limit access to sensitive areas; do not exiend trail networks or provide s;ngle trails in sensitive areas. Page 107 of 603 EXHIBIT C Page 10 of 26 ' During Construciion . Count/MM 2.3-1a Prior to commencement of construction, the County shall ftnalize a compfehensive Habitat Mitigaiion and Monitoring Plan (HMMP), for review and approval by the County Environmental Coordinator, or its designee, that specifies final mitigation requiremenis for impaets to vegetation and oatural habitats based on the requirements of pe.mits and consultation with the resource agencies. The final HMMP shall be based on and generaily consistent with the draft HMMP prepared by SWCA Environmental Consultants lnc. in February 2012, which is included as Appendix I of the Natural Environment Study (Technical Appendix T3 of the Draft EIR). The final HMlvlP will ideniify the specific mitigaiion sites along the vicinity of the SLO Creek ripanan conidor, based on the specific mitigation acreage required by regulatory agencie6 during the permitting process. The final HMMP shall be consistent with federal and state regulatory requirements and reflect any regulatory permil conditions. as required. The San Luis Obispo County Environmental Coordinator, or its designee, shall ensure implementation of mitjgation requirements of the HMMP during eonstruction and immediately following project completion. Measures identified in the final HlvlMP shall include at a minimum ihe following: 1. On-site mitigaiion at the following minimum ratios. unless determined othenrvise by a regulatory agency: 2. On-site mitigation (within areas in or near ihe SLO Creek watershed) for permanent !mpacts to jurisdictional areas would be implemented at a 2:1 ratio (the CDFW may require a replacement of 3:1 or more for trees removed); 3. Off-site mitigation for permanent impacts lo jurisdictional areas would be implemented at a 3:1 .ratioiand4. On-site and/or off-site mitigation for temporary impacis to jurisdictional areas would be implemented . Review and Approval of Habitat Mitigation and Monitoring Plan . Priot to Conslruciion . During Consttuction . Following Project Completion Page 108 of 603 EXHIBIT C Page 11 of 26 at a 1:1 ratio. 5. Any loss of southern California black walnut trees shall be mitigated at a 4:1 restoration ratio for every walnut tree removed and al a2:1 ratio for every walnut kee trimmed or olhetwise impacted but not removed. lf more than 25 percent of a walnut tree musi be trimmed, it shall be mitigated at a 4:1 restoration Etio 6. lmplementation of the restoration and mitigation activities will be conducted or overseen by an agency- approved restoration specialist. The restoration specialist will oversee site preparation and plani installation lo ensure conformity with the final HMMP. Restoralion and mitigatioil activities shall include, but are not limited to, plant salvage, site preparation and planting, installation of irrigation, and preparation and implementation of maintenance and monitoring plans. 7. The maintenance plan shall address waiering requirements, weed mntrol, herbicide use, vandalism, and remedial plantings and fertilizing. The monitoring plan shall identify a monitoring schedule, performance goals, other attributes to monitor, and reporti ng requirements. 8- Obtaining a Section 1602 Streambed A,lteration Agreement from the CDFW and coordinating with the SWRCB/R\ iQCB regarding the need for a Section 1 3263(a) general waste discharge requirement (WDR) for project-related impacts that will occur in areas under the jurisdiction of these regulatory agencies. o County o California Departmentof Fish and Wldlife o US Fish and Wildlife Service o National Marine MM 2 3-1b The County shall provide evidence of all necessary permit oa authorizaiions from Federal and State Ageneies, including the USACE, RWQCB, and CDFW. Pursuani to Section 7 of the Endangered Species Act, formal consuliation shall be initiated with the California Department of Fish and VMldlife (CDFU4, US Fish and Wldlife Service (USFWS) andlor the National Marine Fisheries Service (NMFS) tor impacts to lisied species . Reviewand Approval of Habitat Mitigation and Monitoring Plan . Prior to Construction Page 109 of 603 EXHIBIT C Page 12 of26 (i.e. south-central California coast steelhead ESU). The HMMP required through implementation of mitigation measure MM 2.3-1a shall be updated within 30 days ot issuance of any appl;cable permits to teflect specific permit requirements for observed special-status species. The updated HMMP shall be submitted for review and approval by the County Environmental Coordinator, or iis designee. Fisheries Service . Contractor o CountyMM 2.3-1c lf any special-status species are observed in or near wotk areas during monitoring or construction, the County shall have a qualified biologist map, establish and mark off an exclusion zone, and avoid these species until the appropriate regulatory agencies (e.9., Calirans, USFWS, and CDFW) are consulted for further mitigation options. Additional measures may include temporary halting of work, avoidance, relocation. or other measures as ideniified by the resource agencies, depending upon the specific species and its distibution. . Review and Approval of Final Construction Documents. . Submittal of Biological Monitoring Reports e During Construclion . Roview and Approval ofWorker Environmental Training Program, o Submittal of Environmental Training Program Sign ln Sheets . Prior to Construction . CountyMM 2.3-1d Prior to commencement of construction. County shall have a qualified biologist prepare and mnduet a worker environmental ifaining program. The environmental training program shall include descriptions of all special-status species with the potential to occur within the project area, their ecology. legal siatus, the need for conservation of the species, and what to do lf one is observed. The environmental iraining program shall be subject to review and approval by the County Environmental Coordinator, or its designee. All construction personnel conducting work within habitat that potentially supports these species shall participaie in the training program conducted by a qualmed biologist. Evidence of participaiion in the environmental training program shall be submitted to the County Environmenta, Coordinator on a quarterly basis. . CountyMM 2.3-1e Prior to commencement of construc{ion. the County shall have a qualified biologist conduct pre-construc{on surveys for Coast Range newts, southwestern pond turtles. silvery legless lizards, and two-siriped garter snakes and any other California Special Concern species or other special-status species ideniified in areas along and adjacent to the SLO Creek corridor where construction will occur. The County shall obtain . Submittal of Pre Construction Survey Results and Biological Monitoring Repofts o Obtain CDFW Letter of . Prior to Construction Page 110 of 603 EXHIBIT C Page 13 of26 Permissiona letter of pe.rmission from lhe California Department of Fish and \ lildlife (CDFW) to relocate identified California Special Concern species from work areas encountered during construction as necessary- A qualified biologisis shall capture and relocate any California Special Concern species or olher special-status species (if present) to suitable habiiat ouiside of the area of impact. Observations of Califomia Special Concern species or other speciaFstatus species shall be documenied on California Natural Diversity Database iorms and submitted to CDFWand the San Luis Obispo County Environmental Coordinator, or its designee, upon proiect completion. . Prior to Construction . CounV . Contraclor MM 2.3-1f Prior to commencement of construction, the County shall implement recommended avoidance and minimization measures for CRLF provided under the Progemmatic Biological Opinion for Prciects Funded orApproved Underthe Federal Aid Progem as noted in the Natural Environment Study (Technical Appendix T3 of the DEIR) and as summarized below. These measures include, but are not limited to, ihe following: 1. Prior to ground disturbance, a UsFws-approved biologist shall survey the project area no more than 48 hours before the onset of work activities. lf any life siage of the CRLF is found and these individuals are likely to be killed or injured by work activities, the approved biologist shall be allowed sufficient time to move them from the site before work activities begin. The USFWS-approved biologist shall relocate the Califomla red-legged frogs the shortest distance possible to a location that coniains suitable habitat and will not be affected by the activities associated with the project. The USFWS-approved biologist shall maintain detailed records of any individuals ihat are moved (e.9., size. color€tion, any distinguishing features, photographs [digiial prefened]) to assist him or her in determining wheiher translocated animals are reiurning to the point of capture. 2. Priorto any activities beginning on the projectsite, a USFWS-approved biologist shall conduct a iraining session for all constluction personnel. At a minimum, . Submittal of Survey Resulis and Biological Monitoring Reports, r Review and Approvalof Worker Environmental Training Program Page 111 of 603 EXHIBIT C Page 14 of 26 the training shall include a description of the California redJegged frog and its habitat, the specific measures that are being implemented to conserve the CRLF for the current project, and the boundaries within which the project may be accomplished. Brochures, books, and brielings may be used in the training seEsion, provided that a qualfied person is on hand to answer any questions. 3. A USFVVS-approved biologist shall be present at the work site until all CRLFS have been removed, workers have been instructed, and disturbance of the habitat has been completed. After this time, the state or local sponsoring agency shall designate a person to monitor on-site compliance with all minimization measures as required under the Habitat Mitigation and Monitoring Plan. 4. All refueling, maintenance, and siaging of equipment and vehicles shall occur at least 60 feet (1 I meters) from the riparian habitat or water bodies and not in a location from which a spillwould drain directy toward aquatic habiiat. The monitor shall ensure contaminafion of habitat does not occur during such operations. 5. Projectareas shall be revegetated with an assemblage of native riparian, wetland, and upland vegetation suitable for the area. Locally collected plant materials shall be used to the extent practicable. invasive, exotic plants shall be controlled to the maximurn extent practicable. This measure shall be implemented in all areas disturbed by activities associated with the project, unless the USFWS and Caltrans determine that it is not feasible or modification of original contours would not benefit the CRLF. 6. The number of access routes, size of staging areas. and the total area of activity shall be limited to the minimum necessary. 7. Work shall be scheduled for the times of the year when impacts to the CRLF would be minimal. For Page 112 of 603 EXHIBIT C Page 15 of26 example, work thatwould affect large pools that may support breeding would be avoided. to the maximum degree practicable, during the breeding season (November through May). lsolaied pools that are important to maintain California red-legged frogs through the driest portions of the year would be avoided, to the maximum degree praclicable, during the late summer and early fall. 8. Best management practice$ (BMPS) shall be implemented to control sedimentation during and after proiect implementation. L lf a work site is to be temporarily dewatered by pumping. intakes shall be completely screened with wire mesh noi larger than 0.2 inch (5 mm) to prevent California red-legged frogs from entering the pump system. Water shall be released or pumped downstream at an appropriate rate to maintain downstream flows during construction. 10. Watershall not be impounded in a manner that may attract CRLFS. 'l 1 . Exotic species, such as bullfrogs (Rana catesbeiana), crayfish, and centrarchid fishes shall be permanently removed by a UsFws-approved biologist to the maximum extent possible. 12. The use of herbicides is prohibited as the primary melhod to control invasive, exotic plants along the pathway. except in areas of managed agriculture, where use of pesticides (including herbicides) is regulated by the California Food and Agri6ulture Code. Evidence of compliance with the recommended avoidance and minimizaiion rneasures for CRLF shall be submitted to the San Luis Obispo County Environmental Coordinator on a quarterly basis r County . Confactor MM2.3-2a Prior to construction, the County shall document on all final conslruction documents ihat vegetation removal shall occur outside of the nesting season (September'1 to February 14), wherever possible. to prevent birds from nesting within areas . Review and Approval of Fiiral Consiruction Documents . Ptorto construction Page 113 of 603 EXHIBIT C Page 16 of26 of disturbanc€ during or iust prior io construction. These timing requirements shall confirmed by the San Luis Obispo County Environmental Coordinator, or its designee. . CountyMM 2.3-2b lf construction activities are proposed to oecur during the typical nesting season (February 15 to August 31) within 200 feet (60 meters) of potential nesting habitat or 1 00 feet of the existing South Higuera bridge, the County shall have a qualified biologist conduct pre-construction surveys ior nesting birds (including swallows) in potential nesting habitat. Pre.construclion surveys shall be conducted at least two weeks prior to construction to determine presence/absence of .lesling birds within the project area. The USFWS and/or the CDFW shall be contacted if any listed bird species are observed during surveys and consulted for additional guidance if nestlng birds are observed wiihin or near the boundaries of the project site. Nests, eggs, or young of birds eovered by the Migratory Bird Treaty Act and the Califomia Fish and Game Code shall not be moved or disturbed until the end of the nesting season or until young fledge, whichever is later, nor shall adult birds be killed, injured, or harassed ai any time. Work activities shall be avoided withio 100 feet (30 meters) of active bird nests and 200 feet (60 meters) of active €ptor nests until young bids have fledged and left the nest. Readily visible exclusion zones shall be established by a qualified biologist in areas where actve nests must be avoided. Results of the pre-construction surveys shall be submitted to the San Luis Obispo County Environmental Coordinator, or its designee. upon completion and prior to construction- o Submiftal oi Pre- Consaudion Survey Results and Biological Monitoring Repofts . Prior to Construction Page 114 of 603 EXHIBIT C ?age 17 ol 26 r CouniyMM 2.3-3a Wherever work is to occur within 100 feet (30 meters) of bridges or other artificial structures capable of supporting bat roosts. the County shall have a qualified biologist conduct pre- construction surveys (at least two at dawn and two at dusk) for bat roosts. Pre-construction surveys shall be conducted at least 30 days prio. to construction to delermine whether bats are roosting in lhese structures. The biologist(s) conducting the pre-construction surveys will also identjfy the nature of the bat utilization of the bridge (i.e-, no roosting, night roost, day roost, maternity roost). Results ofthe pre-construction surveys shall be submitted to the San Luis Obispo Environmental Coordinator, or its designee, upon completion and prior io work commencing within 1oo-feet of existing structures that are capable of supporting bat roosts. . Submittal of Pre- Construction Survey Resulis . Prior to Commencing Construction activity within 100- feet of exlsting Struclures . Prior to Construction, . During Construction . CounVMM 2.3-3b lf roosting bats are identified during surveys conducted as a result of implementation of mitigation measure MM 2.3-3a, the County shall implement the following measures during conslruction:'1- Readily visible exclusion zones shall be established in areas whele roosis must be avoided. 2. lf there is only night mosting by bats, work may proceed as normal, provided that no nighttime work is scheduled- lf there is day roosting by bats (o. night roosting and work during nighttime), qualified biologists shall monitor any construction activities within 100 feet (30 meters) for disturbance to bat roosting. lf bat roosting behavior is determined to be adversely impacted by construction activities, construction must be avoided in the vicinity of bat roosts until eithei bats are no longer roosting or they have been excluded from roosting. lf malernity roosts are detected, construction activities must be avoided within 100 feet (30 meters) of an active maternity roost until the and of the maternity roosting season, which typically occurs during the spring and summer months. . Submittal of pre- construction Survey Results and Biological Moniioring Reports Page 115 of 603 EXHIBIT C Page 18 of 26 MM2.34a Prior to commencement of construclion, the County shall retain a qualified biological monitor(s) approved by all involved regulatory agencies to ensure compliance with avoidance and minimization measures within the project environmental documents. Monitoring will occur throughout the length of construction or as directed by the regulatory agencies. Full- time monitoring will occur during vegetation removal and erosion control insiallation. Monitoring may be reduced to part time once construction activities are under way and the potential for additional impacts is reduced. Monitoring reports shall be submitted to the San Luis ObiEpo Count/ Environmental Coordinator, or its designee, on a quarterly basis or as specified by specific mitjgation measures- r Submittal of Biological Monitoring Reporis . Prior to Consttuction . County MM 2.3-4b . Submitial of Biological Monitoring Reports o During Construction . CountyDuring consttuction, the biological monito(s) will ensure that the spread or introduction of invasive exotic plant species will be avoided to the maximum extent possible. When practicable, invasive exotic plants on lhe project site (such as Arundo donax) will be removed and properly disposed. . CounVMM 2.34c Any construction activiiies across SLO Creek shall take place between une 15 and October 31 in any given year. oras otherwise directed by the regulatory agencies, when the sufface water is likely to be dry or at seasonal minimum. Deviations from this work window will only be made with permission from the relevant regulatory agencies. . Review and Approval of Final Management Plan Construction . PriortoAppravalof Final Construction Management Plan . Prior to Construction o County . Conttactor MM 2.3-4d Prior to commencement of construction, the Couniy shall clearly flag or fence the project site so that lhe contractor is aware of the limits of allowable siie access and disturbance. Areas within the designated project site that do nol require regular access will be clearly flagged as offJimit areas to avoid/discourage unnecessary damage to sensitive habitats or existing vegetation within the projeci site- ' Review and Approval of Final Construction Management Plan Page 116 of 603 EXHIBIT C Page19of26 MM 2.3-4e Prior to commencement of construction, the County shall prepare a Hazardous Materials (HAZMAT) Response Plan to allow For a prompt and effective response to any accidental spills. Upon complement of the HAZMAT Response Plan it shall be submitted io the San Luis Obispo County Environmental Coordinator, or its designee, to ensure compliance. All workers shall be informed of the impoilance of preventing spills and of the appropriate measures to take should a spill occur. During consbuction, all proiect-related hazardous materials spills within the project site will be cleaned up immediately. Spill prevention and cleanup materials will be on site at all times during construction. The HMMAT Response Plan shall allow the cleaning and refueling of equipment and vehicles occur only within a designated staging area, which shall be located at least 60 feet from wetlands, other waters, or other aquatic areas. This staging area will conform to best management practices (BMPs).applicable to attaining zero discharge of stormwater runoff. At a minimum, all equipment and vehicles will be checked and maintained on a daily basis to ensure proper operation and to avoid potential leakg or spills. c Review and Approval of Hazardous Materials Response Plan ' Submittalof Worker Training Sign in Sheets . Priof to Constructioil r Couniy Page 117 of 603 EXHIBIT C Page 20 of 26 r County. Review and Approval of Tree Removal Plan and Final Habitat Mitigaiion and Monitoring Plan . Prior to Construction . Proiect Completion MM 2.341 Prior to commencement of construciion, the County shall have a quatified arborist prepare a tree removal plan that minimizes the irimming and removal of trees to the e)dent feasible. Upon completion of the tree removal plan it shall be submitted to the San Luis Obispo County Environmental Coordinator, or its designee, to ensure compliance. To avoid the potential for unnecessary removal or trimming of trees. any trees to be removed shall be marked with colored flagging or other suitable material. Trees to be trimmed shall be similarly marked but with a different color to differentiate them from trees to be removed. Unmarked trees shall not be removed or trimmed. After construction, any loss of riparian trees shall be replaced ai a minimum 3:'l replacemeni ratio, or as otherwise directed by the regulaiory agencies. Methods for riparian vegetation replacement shall be incorporated into the final Habitat Mitigation and Monitoring Plan. o County . Confactor . Reviewand Approval of Final Construction Management Plans lncluding Erosion Control Plan and Stormwatet Pollution Prevention Plan (SWPPP) Construciion . Prior toMM 2.3-49 Prior to commencement of construction, the Couniy shall prepare and incorporate inio final construction documents an erosion contrcl plan and stormwater pollution prevention plan (S\r'VPPP) for the project, Provisions of these plans shall be implemented during and after construction as necessary to avoid and minimize erosion and stormwater pollution in and near the work area. The SWPPP shall include erosion control measures to be implemented during and after project implementatlon (.efer to Appendix L of the Natural Environment Study including in Technical Appendix T3 of the DEIR). Silt fencing, fiber rolls, and barriers (e.g-, hay bales) will be installed between the project site and adjacent wetlands and other waters. No synthetic plastic mesh products shall be used in any erosion control maierials. At a minimum, silt fencing will be checked and maintained on a daily basis throughout ihe construction period. The contractor shall also appty adequate dust contaol techniques, such as site watering, during construction. The San Luis Obispo County Environmental Coordinator, or its designee, shall ensure compliance with ihe SWPPP throughout the duration of the proposed project. Page 118 of 603 EXHIBIT C Page21 ol26 e CoungMtu't 2.34h Prioi to commencement of construction, the County shall prepare a construction management plan that identfies the rules and requirements of the job site. Upon completion of the construction management plan it shall be submitted to the San Luis Obispo County Environmenial Coordinator, or its designee, to ensure compliance. The construction management plan shall reference other applicable plans (i.e., SWPPP, HAZMAT Response Plan, employee iraining program, etc.). identify construction hours, contact names and numbers. and other specific management requirements, including, but not limited to, the following: 1. During construction. trash will be contained, removed from the work site, and disposed of regularly. Following construction, all trash and construgtion debris will be removed from work areas. All vegetaiion rcmoved from the construetion site shall be taken to a certified landfill to prevent the spread of invasive species. lf soil from weedy areas (such as areas with poison hemlock or other invaslve exotic plant species) must be removed off site, the top 5 inches containing the seed layer in areas with weedy species shall be disposed of at a certified landfill. 2. During construction, no pets will be allowed on the consiruction site. r Review and Approval of Consttuction Management Plan . Prior to Constructon . Review and Approval of Habitat Mitigation and tvlonitoring Plan . Prior io construction CountyMM 2.3-7 Prior to construction, the County shall ensure that the final alignment of the Bob ones Pathway avoids impacts to southern California black walnuttrees io the eldent practjcable. lf southern California black walnut trees cannot be avoided and must be removed or lrimmed during construction, their Ioss shall be mitigated at a 4:1 restoration ratio for every walnut tree removed and at a 2:1 raiio for every walnut tree trimmed or otheMise impacted but not removed. lf more than 25 percent of a walnut tree must be trimmed, it shall be mitigated at a 4:1 restoration ratio. &4{rrdt?ssoryt€ o CountyMM 2.4-1b Prior to construction of any improvements at the Octagon Barn (Segment 1), the County shall submit detailed final . Review and Approval of Final . Prior to construction ofany Page 119 of 603 EXHIBIT C Page 22 of 26 improvement plans for the proposed trailhead impaovements at the Octagon Barn Center 10 the County Environmental Coordinator, or its designee, for review and approval. The County Environmental Coordinator, or its designee, shall review the final plans tb ensure consistency with the approved phased conditional use permit for the Octagon Barn Center project (DRC2001 0-00053). Design-level improvement plans shall identify all proposed structures and equipment, as well as proposed materials, and show elevations in relationship to exisling buildings/siructures. lmprovement Plans lmprovements ln Segment 1 MM 2.4-1c lf, during the course of constructing and implementing the proposed project, archaeological. paleontological, and cultural resources (i.e., prehistoric siies, historic sites, or isolated artifacts and features) are discovered, the contractor shall halt all ground disturbing aclivities immediately within 50 feet of the discovery, the San Luis Obispo County Environmental Coordinator, or its designee, shall be notified, and a professional archaeologist that meets the Secretary of lhe Interiols Professional Qualifl cations Standards and Guidelines in archaeology and/or hisiory shall be retained by County to determine the significance of the discovery. The San Luis Obispo County Environmental Coordinator, or its designee, and the County shall consider mitigation recommendations presented by a professional archaeologist that meets ihe Secretary of the lnteriof's Professional Qualifications Standards and Guidelines in archaeology and/or history for any unanticipaied discoveries. The San Luis Obispo County Environmental Coordinator, or its designee, and the County shall consult and agree upon implementation of a measure(s) that they deem feasible and appropriate. Such measures may include avoidance, preservaiion in place, excavation. documentation, curation, data recovery. or other appropriate measures- The County shall implement any mitigation necessary for the proiection of archaeological, paleontological. and cultural lesources. o Review and Approval of Fioal Construction Management Plan . Archaeologist Report o During Construction . County . Contractor g@bg[rlt4''olow Page 120 of 603 EXHIBIT C Page 23 of 26 \tufun!4ry MitigalioR . Prior to Construction . CountyVMM 1-1- GiHl Facility construction shall be programmed so as to reduce the poteniial for erosion. Considerations shall include trming to avoid the wet season (generally October 1 through April 15), and limiting the e):teni of exposed area either through staggering project phases or through a rapid revegetation program. Any construction activity which will involve. disturbance of one acre or more will require permitting through the RWQCB NPDES program. All necessary permits will be obtained prior to construction. . Review of Final Construction Management Plan including Schedule . Couni/VMM 1.1- G/H2 The construction program shall minimize temporary impacts to stormwaterflow and drainage by incorporating best management practices. Available BMPs are numerous, and include, but are noilimited to, siaging area control measures such as proper stockpile maintenance, perifieter control measures such as straw wattle and sandbagging, and internal control measures such as temporary sedimeni basins. Aciivities subject to the NPDES permitting program will include these measures in their Stormwater Pollution Prevention Plan (swPPP). . RevieuJ of Final Construction Management Plan including Schedule I Prior to Construction VMM 1. 1. GiH3 Facilities shall be designed to as to minimize the amount and rate of off-siie runoff. No matter the technoloqy used, the facility shall provide sufficient stormwater infrasiructure to minimize off-site increases in runoff volume or rate. Facilities shall incorporate, where necessary, appropriate and feasible, measures such as: 1- Permeable paving or surfacing materials. 2. B'oswales or linear depressions in lieu of ha.d pipe/single outfall options. 3. I'latural topographic featu.es to direcydisperse flow. 4, Conjunciive use of recreational facilities to ditect and disperse flow. 5. Vegetated buffers. 6. Retention basins (dispersed. smalllshallow basins are preferred to eingle, deep and large basins). . Review of Final Design Plans o Review of Final Construciion Managemeni Plans inciuding Construction BMPs . Prior to Construction r During Construction . County . Confuactor Page 121 of 603 EXHIBIT C Page 24 of 26 Other energy-dissipating stuctures. VMM 1.1. G/H4 . CountyFacilities shall be maintained so as to minimize the potenfial for long-term erosion and to ensure rapid response to emerging erosion probtems. Trails, and unsurfaced parking or staging dreas, among otherfacilitiesi shall be inspected ori an ongoing basis. at least prior to and after the rainy season. to erisure emerging erosion problems are addressed. Ongoing problems may require surfacrng, facility closure, redesign, or revegelaticin- r Review of Operation and lllaintenance Plan . Post Construction VMM 1.1- G/Hs Facilities shalt be operated in a manner which minimizes ongoing impacts to drainage pattems and water quality. The eoiJftty shalt'ensure thai all installed measures and technologies are maintained in proper function Stormwater infrasuucture shall be inspecied at least prior lo and after the rainy season to include functionalityi any needed repairs or alternative measures shall be pursued as soon as possible fol{owing discovery. . Review of Operation and Mainienance Plan . Posi Construction CounV Voluntary Mitigation i/leasr.res tllofse VMM 1.1.N1 . During Co n stru ction o County . Contractor \Atrere construction activities will take place near sensitive receptors. the County Noise Ordinance for construction activities, which limits hours of operation, shall apply. . Review of Construction Management Plans including Schedule VMM 1,1 . TRA,I Facilities shall provide adequate parking such lhat surrounding area streets are not adversaly impacted. . Review of Final Design Plans . Prior to Construciion . County VMM-I,1 - TRA2 Construction activities shall deploy signage, cones, and public notice, among other measures subject to the approval of the County Public Works Department, to minimize potential hazards . Prior io Construction . During o Countyr Re.riew of Construction Management Plan Page 122 of 603 EXHIBIT C Page 25 ol 26 Construction o CountyMM2.6.2-1 Prior to flnal design approval, the County shall design the proposed pro.iect consistent with the requirements of the San Luis Obispo County 201-1 Public lmprovement Standards and Caltrans' Manual for Uniform Trafflc Cont(ol Devices. The final design shall be subjeet to review and approval by the San Luis Obispo Counry Department of Public'4/orks. . Reviewand Approval of Final Design Plans . PriortoApprovalof Final Design Plans M\,r12.6.2-z A single at-grade crossing of South Higuera Street to accemmodate a connection to the Ciiy's portion of the pathway would be designed consistent with San Luis Obispo County's 2Ol1 Public lmprovement Standards. The final design of a single at-gtade crossing of South Higuera Street shall be included in the design of the future Buckley Road elitension. which wili include a signalized intersection at South Higuera Street. An interim at-grade crossing of South Higuera Street may be acceptable prior to the construction of the signalized intersection under the following circumstances: 1. Prior to final design approval, the County shall review and approve a design for a single interim at{rade crossing on South Higuera Street. 2. The location of this single interim at-grade crossing shall be coordinaied with the City of San Luis Obispo and the San Luis Obispo County Department of Public \iy'orks. 3. The San Luis Obispo Coun! Department of Public tl/orks shall ensure that the design of the at-grade crossing is consistent with the San Luis County 201 1 Public lmprovement Standards and Caltrans' Manual for Uniform Traffic Control Devices. Necessary safety features may include, but are not limiied to, the following design features as deemed appropriate to provide a safe crossing: . Use offlashing lights, roadway striping, orchanges in pavement texture. . Signing for path users shall;nclude a standard . Review and Approval of Final Oesign Plans . PriortoApprovalof Final Design Plans . Post Construction o County . The Land Ccnseruancy . Cityof SanLuis Obispo Page 123 of 603 EXHIBIT C Page26 of 26 "STOP" sign and pavement marking, combined with other features such as bollards to slow bicydists. r For path users, directional signs and street names at crossings to help direct people to their destinations. . For motorists, a sign rcading "Path Xing" along with a palh emblem or logo to both warn and promote use of the path itse'f. . A median stripe on the path approach to organize and warn path users. o Crosswalk striping in accordance with local and siate preference, possibly accompanied by pavement treatrnents to help warn and slow motorists. The interim at-grade crossing shall be abandoned with construction of the Buckley Road extension and relocated to lhe south side of lhe new Buckley Road/South Higuera Street signalized inlersectjon. MM 2.6,3-1 Prior to final design approval, ihe County shall ensure that the project has been designed to provide the following: 1. Pathway landmarks or other location aids to allow an injured or;ll pariy to convey locaton to emergency responders for party locsting; 2. Provide emergency access for a 20-ton fire engine to remote areas of the pathway; and 3. lnformational signs. gate control, and weather monitoring to avoid flood hazards during storm events. The environmental coordinator, or its designee, shall review the final improvement plans for consistency prior to commencing construction. . Review and Approval of Final lmprovement Plans . Prior to Approval of Final lmprovement Plans . County Page 124 of 603 LEGEND ! L,I!f-l,lf-L.L STA1 E RteHl -of -rAt AccEss HELrNoUlsrEu COUN]Y RI68I.OF.*AY PR]VATE PROPERIY LINE EXISTIN6 UTILITY/RIOHT-OF-WAY €ASEMENTS * - PROPOSED BOB JONES TRAIL EASEMENI TEMPORARY CONSTRUCTION EASEMENT IUJIM ffitr. PROPOSED BJI EASEMENT NON-ENCUMSEREO PROPOSED TEMPORARY CONSTRUCT)ON €ASEMENT TEIPORARY CON9TRUCTION EASETENT I€MPORARY CONSTRUCT]ON EASEMENT ^REA lXHltslTD (page I of'3) 076-061 -078 // .,' ctTY oF ,,tt)"' sAN LUls o3lsPo./' ,.. '// ,'/,., /"./'/. .',/ ,/ 'y:,2 / \,./ qN,/^ PROPOSEO TRAII Eose PRELIMINARY - FOR REVIEW PURPOSES ONLY o\ coilNTY'h)w - :- -/'/, \c)$9- ,' * $. il' g9 \ T€np CONSTRUCTION Iose 076-081 -024 \MALLI FAMILY.\TRUST \ I ! R n: x{ ii F 5 8 Ii 076-061 -075 C]TY OF SAN LUlS OBISPO PAITCEL 22-12,01 PttOPEItTY IMPACT: 07 6-061'07 5 I]OB]ONES'I'RAII, JulY 25, 2024 E-@ SAN LTIIS OBNPO COI]N'IY Page 125 of 603 LEGEND: Llrrl l- i I l- staTt RlGtt-oF-[Ay acc€ss ffELlNou]sflED COUNTf RICH'I.OF.UAY PRIVATE PROPERTY LINE EXIST]NO UTILITY/RIGHT-OF-IAY EASEMENlS _ - PROPOSED 8OB JONES ]RAII EASEMEN] TEMPORARY CONSTRUCTION EASEISENT FSSSS [?t]7,Iit4 TiJIET{:T7ifrJ,^Jil PROFOSED 8JI EASEMEN] ENCUMBEREO PROPOSEO gJT EASEMENI NON.€NCUMSERED PROPOSED TEMPORARY CONSIRUCI]ON EASEMENT TETPORARY CONSTRUCTION EASETENT ItXHlBl'f [7 (page 2 of 3) TEMPORARY *<{q r r. i f'[, PROPOSED IRAIL Eose JONES TRAIL \. ,t "u€4o -rr, 52 GMPhIC SCM Tenp CONSTRUCTION Ecs6 076-121-018 C1TY OF 076-061 -078 CITY OF SAN LU]S OB]SPOSAN tUiS OBISPO 4 t t ! n 8 I I f -lF o It t-i--- I _-- -]-- P/t -----t --l--- 076-061-oi5\? crrY oFq[" sAN LUIS oBISPo '\e PARCEL 22.12,03 I \ ,iit PROPERTY IMPACI-: 076-06 1 -078 BOBJONES TRA]L JtrlY 25'2024 PRELIMINARY. FOR REVIEW PURFOSES ONLY l_l ilil Ni @ SAI{ LUIS OBISPO COT]NTY (NFEEI}ffi* Page 126 of 603 LEGEND I l-|l_L I I I I r- staTt RIGHT-of-wAy AccEss RtLlNoulsHEu couNTr RIcHT-or-[Ar PRIVATE PROPERTY LINE - - - _ _ EX]STIN6 UTILITY/NIGHI.OF.WAY EASEMENT5 * . PROFOSED BOg JONES TRAJ! EAS€MENT TEVPORARY CONSTRUCTION EASEMENT N F,Vr, t PROPOSEO BJT EASEMENI ENCUMEEREO PSOPOSED I€MPORARt CONSIRUClION EASEMENT IEMPORARI TETPORARY CONSTRUCTIOI{ EASETENT AREA (SF ) 5,500 4,650 1 1,250 N0, lrXHIlllTD (pa.se 3 of'3) US 101 N 5 H1GUERA 5'f "r-L COUNIY R/T JONEs TffAIL :-.- f - ''11'2 'BJT" LINE PROPOSED IRAIL eose '\ -.''-_ -------::--- .., i_r::*j:*:l _. _,-.. .- "-' -- -- , ..--".:-:": lgo TemP coNsTFUcIloN Eose _lil I I I -1 PROPOSED FENCE 076-1 21 -01 I Ci TY OF SAN LU]S OBISPO PARCEL 22.12.07 PIIOPER'IY IMPAC'I: 076-1 2 1-01 8 BOBJONES'TRAIL Julv 25, 2024 PRELIMTNARY. FOR REVIEW PURPOSES OI{LY 0t6-061 -075 C] TY OF SAN LUIS OBISPO ---1- -t \ I GMPHrcgCAE i:#@ SA}{ L[]IS OBISPO COT]N'I]Y ffi* Page 127 of 603 Page 128 of 603 COUNTY OF SAN LUIS OBISPO BOARD OF SUPERVISORS AGENDA ITEM TRANSMITTAL Page 1 of 7 (1) DEPARTMENT Public Works (2) MEETING DATE 10/29/24 (3) CONTACT/PHONE John Diodati, Director of Public Works (805) 781-5252 (4) SUBJECT Request to receive an update on the status and give staff direction on options to proceed with the Bob Jones Pathway Gap Closure Project in order to meet the grant funding timeline for the Bob Jones Pathway from the Octagon Barn to Ontario Road Project, Avila. (5) RECOMMENDED ACTION It is recommended that the Board, receive an update from staff on the status of the Bob Jones Pathway Gap Closure Project and direct staff to either: 1. Request approval from the California Transportation Commission at their January 2025 meeting to phase the Project in order to align with the proposed Caltrans right-of-way alignment proposal. 2. Return the balance of the $18.25 million Active Transportation Program grant, and direct staff to continue to pursue necessary right-of-way acquisition and then re-apply for future grant funding to complete the project. (6) FUNDING SOURCE(S) California Active Transportation Program Grant (7) CURRENT YEAR FINANCIAL IMPACT $1,258,300 in General Fund may need to be returned to grantor (8) ANNUAL FINANCIAL IMPACT No financial impact. (9) BUDGETED? yes (10) AGENDA PLACEMENT { } Consent { } Presentation { } Hearing (Time Est. _______) {X} Board Business (Time Est. 60 min) (11) EXECUTED DOCUMENTS { } Resolutions { } Contracts { } Ordinances {X} N/A (12) OUTLINE AGREEMENT REQUISITION NUMBER (OAR) N/A (13) BUDGET ADJUSTMENT REQUIRED? BAR ID Number: N/A { } 4/5th's Vote Required {X} N/A (14) LOCATION MAP Attached (15) BUSINESS IMPACT STATEMENT? No (16) AGENDA ITEM HISTORY { } N/A Date 8/20/24 #35; 7/16/24 #16; 5/21/24 #40; 11/7/23 #21; 8/22/23 #27; 7/13/21 #38; 7/10/18 #25; 2/24/15 #30; (17) ADMINISTRATIVE OFFICE REVIEW: (18) SUPERVISOR DISTRICT(S) Reference: 24.143 Page 129 of 603 Page 2 of 7 COUNTY OF SAN LUIS OBISPO TO: Board of Supervisors FROM: Public Works & Parks John Diodati, Director of Public Works & Tanya Richardson, Director of Parks DATE: 10/29/2024 SUBJECT: Request to receive an update on the status and give staff direction on options to proceed with the Bob Jones Pathway Gap Closure Project in order to meet the grant funding timeline for the Bob Jones Pathway from the Octagon Barn to Ontario Road Project, Avila. RECOMMENDATION It is recommended that the Board, receive an update from staff on the status of the Bob Jones Pathway Gap Closure Project and direct staff to either: 1) Request approval from the California Transportation Commission at their January 2025 meeting to phase the Project in order to align with the proposed Caltrans right-of-way alignment proposal or 2) Return the balance of the $18.25 million Active Transportation Program grant, and direct staff to continue to pursue necessary right-of-way acquisition and then re-apply for future grant funding to complete the Project. DISCUSSION The County has been working to complete the Bob Jones Pathway Gap Closure Project (Project) between the Octagon Barn in San Luis Obispo and Ontario Road parking lot in Avila for many years. Preparation of the Environmental Impact Report (EIR) began in 2010, with the Board approving the EIR and proposed pathway route along the northbound side of Highway 101 on February 24, 2015. Project design for the 4.5- mile pathway gap closure began with the Board’s approval of a design contract on July 10, 2018. Page 130 of 603 Page 3 of 7 The County operates and maintains approximately 2.5 miles of existing Bob Jones Pathway extending from the County’s Ontario Road staging area westward to Avila Beach. The proposed 4.5-mile gap closure will connect the Land Conservancy Octagon Barn in San Luis Obispo, where the County has constructed a public parking lot and staging area, to the County’s Ontario Road staging area, completing the linkage from city to sea, which will provide commuting, economic, and health benefits to the residents and visitors of San Luis Obispo County. This active transportation improvement will provide a separated Class I (off-street) multi-use pedestrian and bicycle pathway for recreational and alternative transportation use that will connect San Luis Obispo and Avila Beach. The Project will complete a key link in the alternative transportation corridor connection between San Luis Obispo and the Five Cities area with a safe, vehicle free, route for commuting by bicycle as the advancement of battery assisted bicycles now make this a feasible option for a larger segment of the population. Current Status To date, Project development has been delayed due to right of way issues, specifically at the Bunnell property. On July 16 of this year, staff brought forward 11 right of way and easement access agreements along the proposed alignment. These were approved by your Board and represent a majority of the property owners along the alignment. An easement through the Bunnell property is necessary to complete the Project, and the Project team had continued to work with the property owner in the hope of reaching an agreement. However, the property owner has indicated that they will not grant an easement for the Project. Without an easement agreement with this property owner, the Project, as currently planned, will not be able to meet the Active Transportation Program (ATP) grant funding timelines to submit documentation of being ready for construction by February 2025 and is at risk of losing the balance of the unspent $18.25 million in grant funds. In order to move the Project forward in a timely manner, on August 20 of this year, Public Works held a hearing for your Board to consider a Resolution of Necessity to acquire 1.2 acres of the 146-acre Bunnell parcel. Approval of a Resolution of Necessity requires a 4/5th vote, and with only 3 affirmative votes, approval of the resolution failed. After the vote, your Board approved a motion to direct staff to see if another path forward is feasible and return with any suggestions staff would have to complete the Project. This staff report is in response to the direction given on August 20, 2024. In 2023 staff evaluated similar options after your Board directed staff to present options to amend the scope of the Project to “avoid construction on the Bunnell property”, while still utilizing the ATP grant for gap closure. Staff returned to your Board in November of 2023 and received direction to apply for a scope change with the State of California Transportation Commission (CTC) by developing a safe crossing to Ontario Road and utilizing Ontario Road as a temporarily gap closure. This would have allowed for grant funds to be expended in time, a considerable amount of new Class 1 pathway to be constructed, and the ability to pursue all right of way acquisitions before the February 2025 deadline stipulated by the grant. Unfortunately, since the scope change eliminated approximately 2 miles of a Class I pathway and proposed to replace it with Class II lanes, it did not meet the safety benefits of the original grant proposal. The County was informed by CTC staff that this would not be supported as a scope change and this alternative was not pursued any further. Page 131 of 603 Page 4 of 7 However, during investigation of this alternative, Caltrans believed they had an opportunity to obtain statewide funding to construct the gap within their right of way on the northbound portion of US 101. Caltrans was unable to secure funding, so this alternative was not pursued any further, but it presented an opportunity that had not been considered before. Current Alternatives to Consider There are two alternatives to consider: 1) returning the grant and delaying the Project or 2) proceeding with one final Project proposal to the CTC in order to phase the Project in collaboration with Caltrans and San Luis Obispo Council of Governments (SLOCOG). Given that delay of the Project is self-explanatory and most likely not the preferred choice, this report will only discuss the feasibility of the phased proposal. After the CTC determination that Ontario Road was infeasible and Caltrans was unable to secure statewide funding, discussion with staff from Parks, SLOCOG, Caltrans, and Public Works continued in an attempt to find an alternative solution. Caltrans proposed to use their discretionary State Highway Operation and Protection Program (SHOPP) funds for construction in their right of way on US 101, which would allow the County to use the ATP grant, with SLOCOG funding, to construct a north and south ‘bookends’. This would create two phases of a Project but still ensure gap closure and meet the intent of the original grant application. Caltrans’ proposal is explained in a letter which is provided as Attachment 3. This proposal would avoid the Bunnell property and provide for a complete Project. Next Steps In order to move forward with this proposal, staff will still need to obtain approval of a scope change or a phased Project from the CTC. Several conditions must be met in order to have the highest probability of success for CTC approval: 1) Submittal of 95% Plans, Specifications & Estimates (PS&E) and a Right of Way Certification for Caltrans review of the County’s “Ready for Construction” status by January 27, 2025; and 2) Demonstration of a ‘complete’ Project with no gaps by way of the north and south bookends with the ATP funds and central portion through the Caltrans proposal; and 3) Identifying the funding necessary to implement the ‘complete’ Project. Ready for Construction: The Wallace Group is the design engineering firm for the Project and has committed delivering 95% PS&E by the required due date. This is an important schedule milestone to meet as it ensures the County does not need to ask for a grant time extension. Feedback from CTC staff is that no additional time extensions will be supported. In order to prevent the County from spending grant funds on design, SLOCOG has obligated up to $500,000 to fund the Wallace Group design contract to 95% PS&E. The County must also submit a Right of Way Certification which documents that all right of way necessary for the planned work has been acquired and all utility conflicts have been coordinated with the utility owners. Finishing the design and completing the final right of way acquisitions will enable the County to be ready to construct by the grant deadline. Page 132 of 603 Page 5 of 7 Complete Project: Feedback from the CTC since the Ontario Road proposal is that any change to the Project needs to demonstrate that a full Class 1 linkage is provided after construction. This will be accomplished by completing the Project into phases. The first phase would be the north and south ‘bookends’ funded primarily by the ATP grant, with phase 2 closing the bookend gap within the Caltrans right of way and with their local SHOPP funding as outlined in their letter. SLOCOG funds approved for the Project would be used to supplement portions of each phase. Due to the timing of the SHOPP funds, phase 2 would start after phase 1. Fully Funded: An additional requirement is to demonstrate to the CTC that the two phases are also feasible because they have sufficient funding. At their August meeting, SLOCOG increased funding by $7,000,00 in order to fully fund the Project. Preliminary cost estimates by The Wallace Group have suggested that the cost of the Project has increased. Due to the last few years of delay and Project pauses, there is a concern that cost escalation could exceed Project funding. Staff will have a lower probability of obtaining CTC approval for the phased Project if the additional funding is not obtained or the Project scope is amended to bring it down to funding level. Ongoing Risks Design and Right of Way: If the Wallace Group is unable to meet the required design deadline, or property acquisitions are not completed by the required deadline, the Project will not be able to receive approval from Caltrans and meet grant funding deadlines. Right of way purchase agreements must be reached several weeks prior to January 27 to ensure that the acquisitions will be fully completed and escrow closed prior to the submittal deadline. Failure to make this date will result in the forfeiting the grant funds and the Project being delayed indefinitely. Expenditures to-date may have to be returned as well. There is one property that still needs to negotiate a right of way easement. This property is adjacent to the existing Bob Jones Trail parking lot on Ontario Road. Staff was in active negotiations and had provided the owner an appraisal. The owner countered with their own independent appraisal. Unfortunately, staff was notified on October 14 that this property owner has sold their property. Successfully negotiating with a new property owner by January 27 could be a significant risk. Funding Plan: This remains a risk, but the Project can continue with a phased approach until the CTC meeting. If necessary, staff will continue to identify funding sources or value engineer the Project striving for full funding or the establishment of a feasible funding plan. Environmental Permitting: Environmental permits were submitted to the resource agencies but placed on ‘hold’ while the Project was in limbo over the last year. In order to initiate agency review, design needs to move forward closer to 95% and processing fees of $100,000 provided to the relevant agencies. Since Project alignment is still evolving and there is potential for some value engineering, staff is going to continue to hold the permits until after the CTC January meeting. Bunnell Alignment The alignment on the Bunnell property remains the preferred alternative because it is located in a manner that will be most compatible with the greatest public good and the least private injury. Page 133 of 603 Page 6 of 7 The alignment is located further away from the freeway, providing a protected, non-motorized travel choice between the City of San Luis Obispo and south county communities at a lower cost, and provides a fire break for fires started on the US 101 shoulder. However, given the inability to obtain another time extension from the CTC, it is infeasible to continue pursuing the Bunnell alignment at this time, and the Caltrans alignment adjacent to US 101 should be considered even though it does not provide as much public benefit as the preferred alternative. Next Steps If your Board chooses to pursue this Project phasing proposal, staff recommends that direction is given to request approval from the California Transportation Commission at their January 2025 meeting to phase the Project in order to align with the proposed Caltrans right of way alignment proposal. This would consist of the following tasks: • Work with SLOCOG on reaching 95% PSE on the bookends • Continue right of way acquisition on the remaining parcels • Submit ‘ready to construct’ documents to Caltrans within the ATP grant deadlines • Request a phased Project at the CTC’s January meeting • Continue to develop a funding plan for a fully funded Project OTHER AGENCY INVOLVEMENT/IMPACT Caltrans approved a Categorical Exclusion under the National Environmental Policy Act (NEPA) on January 23, 2018. Caltrans will issue an encroachment permit to the County prior to the construction of this Project. The encroachment permit will allow temporary access for the County’s future construction contractor onto State property to construct portions of the Project that are within or abut directly against State right of way. Caltrans is administering the $18,248,000 of ATP Cycle 5 Grant Funding for the right of way, design engineering, and construction phase of this Project. Portions of the pathway along the southern extent of the Project will be constructed on State land that will be relinquished from the State to the County upon completion of the construction phase. San Luis Obispo Council of Governments is providing regional funding for Project design development and is an agency partner towards delivery of this Project. FINANCIAL CONSIDERATIONS The Board accepted the CTC’s ATP grant funding in the amount of $18,248,000 on July 13, 2021. Of this $18.25 million, $2.3 million has been allocated and authorized to reimburse engineering costs associated with planning, design, and right-of-way. Another $15.9 million has been programmed, but not yet authorized for the construction phase of the Project. Page 134 of 603 Page 7 of 7 Of the authorized $2.3 million, Public Works has spent $1,381,282 and received $803,257 in reimbursements through grant billing. At previous Board meetings, staff has advised the Board that should the Project not move forward, the County may be required to return a substantial amount of the grant funds expended and would forfeit the balance of grant funds. In addition to support from the CTC, the County has spent $6.8 million in County funds, community donations, and State and Federal grants since 2002. The Project has made considerable progress with this significant investment, a feat made possible by local, state, and national resources. Previous grant funding that would be in jeopardy of needing to be reimbursed to grantors if the County does not deliver construction of the Project is approximately $2.0 million. SLOCOG is taking the lead on ‘at-risk’ funding of the design contract. Updated cost estimates are still being refined, however, as discussed earlier, there is a concern around cost escalation due to continued Project delivery delays. Earlier this year, the Wallace Group estimated total Project construction costs for the full alignment was $22,000,000. Very preliminary estimates for the central portion in Caltrans right of way are $10,000,000. There will be more certainty around total estimated cost as the Project team works to refine these numbers. If staff believes the Project is fully funded prior to the CTC meeting, they will proceed to move forward under current direction. If there is a funding gap identified that needs to be reconciled, they will return to your Board prior to the CTC meeting for a discussion on the funding issues. In addition to the impact on the General Fund, returning ATP grant funds or failing to deliver this Project will adversely affect the County’s ability to successfully secure future ATP grants. ATP grants are competitive awards rather than guaranteed allocations and the County’s capability to deliver ATP projects is a consideration in future application determinations. The County will have to disclose that funding was returned for the Project on future grant applications and will receive fewer overall points in the scoring system, making the County less competitive comparatively. Potential County projects that rely on the CTC as a funding source will be at a disadvantage for years to come. RESULTS This is most likely the last opportunity to use the awarded grant funds for this Project. The desired result is to leverage state grant funds to improve the pedestrian and bicycle connection between Avila Beach and San Luis Obispo, supporting the County’s vision of providing a healthy and livable community while improving regional non-modal transportation linkages. ATTACHMENTS 1 Vicinity Map 2 3 PowerPoint Presentation Caltrans Project Proposal Letter File: 320096 Reference: 24.143 G:\AdminServ\MANAGEMENT\J. Diodati\BOS\Bob Jones Pathway Gap Closure Project\Board Letter 24.143.docx Page 135 of 603 Page 136 of 603 COUNTY OF SAN LUIS OBISPO BOARD OF SUPERVISORS AGENDA ITEM TRANSMITTAL Page 1 of 6 (1) DEPARTMENT Public Works (2) MEETING DATE 1/14/25 (3) CONTACT/PHONE John Diodati, Director of Public Works (805) 781-5252 Tanya Richardson, Director of Parks (805) 781-5930 (4) SUBJECT Request to: 1) receive an update on the scope change application for the Bob Jones Pathway Gap Closure Project (Project) and direct staff to advocate for project approval at the January 2025 California Transportation Commission (CTC) hearing; 2) adopt a resolution of support for the Project; and 3) authorize a related budget adjustment in the amount of $5,000,000 from the Capital Projects Fund Facilities Planning Designation to Fund Center (FC) 230 – Capital Projects WBS 320096 - Bob Jones Pathway Gap Closure Project, by 4/5 vote. (Public Works and Parks) (5) RECOMMENDED ACTION It is recommended that the Board: 1. Receive an update from staff on the status of the Bob Jones Pathway Gap Closure Project (Project) scope change application to the California Transportation Commission (CTC) and direct staff to: advocate for project approval at the January 2025 CTC hearing; 2. Adopt the attached resolution in support of the Project; and 3. Approve a budget adjustment in the amount of $5,000,000 from the Capital Projects Fund Facilities Planning Designation to Fund Center (FC) 230 – Capital Projects WBS 320096 - Bob Jones Pathway Gap Closure Project to WBS 320096, by 4/5 vote. (6) FUNDING SOURCE(S) Facilities Planning Designation (7) CURRENT YEAR FINANCIAL IMPACT $5,000,000 (8) ANNUAL FINANCIAL IMPACT N/A (9) BUDGETED? no (10) AGENDA PLACEMENT { } Consent { } Presentation { } Hearing (Time Est. _______) {X} Board Business (Time Est. 60 min) (11) EXECUTED DOCUMENTS {X} Resolutions { } Contracts { } Ordinances {} N/A (12) OUTLINE AGREEMENT REQUISITION NUMBER (OAR) N/A (13) BUDGET ADJUSTMENT REQUIRED? BAR ID Number: 2425162 {X} 4/5th's Vote Required { } N/A (14) LOCATION MAP Attached (15) BUSINESS IMPACT STATEMENT? No (16) AGENDA ITEM HISTORY { } N/A Date 10/29/24 #15; 8/20/24 #35; 7/16/24 #16; 5/21/24 #40; 11/7/23 #21; (17) ADMINISTRATIVE OFFICE REVIEW: Zachary A. Lute (18) SUPERVISOR DISTRICT(S) Reference: 25.007 Page 137 of 603 Page 2 of 6 COUNTY OF SAN LUIS OBISPO TO: Board of Supervisors FROM: Public Works John Diodati, Director of Public Works Tanya Richardson, Director of Parks DATE: 1/14/2025 SUBJECT: Request to: 1) receive an update on the scope change application for the Bob Jones Pathway Gap Closure Project (Project) and direct staff to advocate for project approval at the January 2025 California Transportation Commission (CTC) hearing; 2) adopt a resolution of support for the Project; and 3) authorize a related budget adjustment in the amount of $5,000,000 from the Capital Projects Fund Facilities Planning Designation to Fund Center (FC) 230 – Capital Projects WBS 320096 - Bob Jones Pathway Gap Closure Project, by 4/5 vote. (Public Works and Parks) RECOMMENDATION It is recommended that the Board: 1. Receive an update from staff on the status of the Bob Jones Pathway Gap Closure Project (Project) scope change application to the California Transportation Commission (CTC) and direct staff to: advocate for project approval at the January 2025 CTC hearing; 2. Adopt the attached resolution in support of the Project; and 3. Approve a budget adjustment in the amount of $5,000,000 from the Capital Projects Fund Facilities Planning Designation to Fund Center (FC) 230 – Capital Projects WBS 320096 - Bob Jones Pathway Gap Closure Project to WBS 320096, by 4/5 vote. DISCUSSION The County has been working to complete the Bob Jones Pathway Gap Closure Project (Project) between the Octagon Barn in San Luis Obispo and the County’s Ontario Road staging area near Avila Beach for many years. Preparation of the Environmental Impact Report (EIR) began in 2010, with the Board approving the Page 138 of 603 Page 3 of 6 EIR and proposed pathway route along the northbound side of Highway 101 on February 24, 2015. Project design for the 4.5-mile pathway gap closure began with the Board’s approval of a design contract on July 10, 2018. In 2021, $18,248,000 of Active Transportation Program (ATP) Cycle 5 Grant Funding was awarded by the CTC to fund Project development and construction costs. The County operates and maintains approximately 2.5 miles of existing Bob Jones Pathway extending from the County’s Ontario Road staging area westward to Avila Beach. The proposed 4.5-mile gap closure will connect the Land Conservancy Octagon Barn in San Luis Obispo, where the County has constructed a public parking lot and staging area, to the County’s Ontario Road staging area completing the linkage from city to sea, which will provide commuting, economic and health benefits to the residents and visitors of San Luis Obispo County. This multi-modal transportation improvement will provide a separated Class I (off-street) multi-use pedestrian and bicycle pathway for recreational and alternative transportation use that will connect San Luis Obispo and Avila Beach. The Project will complete a key link in the transportation corridor connection between San Luis Obispo and the Five Cities area with a safe, vehicle free, route for commuting by bicycle. The advancement of battery assisted bicycles now makes this a feasible option for a larger segment of the population. To date, project development has been delayed due to right-of-way issues, specifically at the Bunnell property. An easement through the Bunnell property was necessary to complete the Project under the proposed alignment, and the Project team attempted to work with the property owner in the hope of reaching an agreement. However, the property owner indicated that he would not grant an easement for the Project. In order to move the Project forward in a timely manner to meet ATP grant deadlines, on August 20, 2024, Public Works held a hearing for your Board to consider a Resolution of Necessity to acquire 1.2 acres of the 146-acre Bunnell parcel. Approval of a Resolution of Necessity requires a 4/5 vote, and with only three affirmative votes, approval of the resolution failed. After the vote, your Board approved a motion to direct staff to see if another path forward is feasible and return with any suggestions staff would have to complete the Project. Staff returned to your Board on October 29, 2024, and discussed the options moving forward, which were limited to 1) returning the ATP grant and delaying the Project indefinitely, or 2) proceeding with one final Project proposal to the CTC in order to phase the Project in collaboration with Caltrans and San Luis Obispo Council of Governments (SLOCOG). Your Board gave direction to pursue the Project phasing proposal, which included a request for approval from the CTC at their January 30-31, 2025, meeting and to develop a funding plan for a fully funded Project. After extensive collaboration with SLOCOG and Caltrans (District 5 and ATP) staff, the following phasing plan was developed as the most likely to receive CTC approval. Phase 1, which must be ready for construction in 2025, completes the northern portion fr om the Octagon Barn to Cloverridge Lane using ATP grant funds. Phase 2 will construct the southern portion in 2027-2028, partially in Caltrans right of way adjacent to U.S. 101, continuing to the Ontario Road staging area. Page 139 of 603 Page 4 of 6 Staff has submitted the necessary documents to Caltrans and the CTC for placement on the January meeting agenda. At this time, staff believes their response to the recommendation will be positive; however, in discussions with Caltrans and CTC staff, this is dependent on showing a fully funded Project. At the moment, Phase 2 of the Project currently has an approximate $5 million funding shortfall. Both SLOCOG and Caltrans have increased their contributions to the Project and do not have any other funding available. This means the County will need to allocate the necessary funding for the recommended scope change to feasibly be approved by the CTC at the January hearing. It is recommended that your Board increase the Project budget by $5 million by moving funds from the Capital Projects Fund Facilities Planning Designation into the Project budget. Additionally, Caltrans and CTC staff have requested that your Board adopt a resolution of support for this project. The attached resolution demonstrates your support for the Project, including the additional financial allocation made into the Project to ensure that it is fully funded. The resolution and information on the additional funding allocation will be provided to Caltrans and the CTC for inclusion in their staff report at the January CTC meeting. OTHER AGENCY INVOLVEMENT/IMPACT Caltrans approved a Categorical Exclusion under the National Environmental Policy Act (NEPA) on January 23, 2018. Caltrans will issue an encroachment permit to the County prior to the construction of this Project. The encroachment permit will allow temporary access for the County’s future Construction contractor onto state property to construct portions of the project that are within or abut directly against State right of way. Caltrans is administering the $18,248,000 of ATP Cycle 5 Grant Funding for the right of way, design engineering, and construction phase of this Project. Portions of the pathway along the southern extent of the Project will be constructed on State land that will be relinquished from the State to the County upon completion of the construction phase. Caltrans has also agreed to participate in the project and has committed $6 million toward design and construction of portions of the project that are within State right of way. SLOCOG is providing regional funding for project design development and is an agency partner towards delivery of this Project. SLOCOG is also managing the U.S. 101 Corridor Plan for southern San Luis Obispo County. The corridor plan is designed to reduce congestion between San Luis Obispo and the Five-Cities areas through implementation of multiple projects along the corridor totaling more than $160 million. These projects encourage carpooling and active transportation to reduce vehicle trips, in addition to new infrastructure to handle traffic more efficiently. The projects are funded through a combination of Federal, State, regional and local funds. The Bob Jones Project is a key component of the corridor plan, with $43.3 million invested or committed by multiple agencies toward a total estimated cost of $48.3 million, as shown on the charts below. Page 140 of 603 Page 5 of 6 FINANCIAL CONSIDERATIONS Capital Project 320096 has a current appropriation of $5,084,427, which is for pre-construction work and funded by $2,295,000 in ATP grants, $1,250,000 in Regional State Highway Account grants, $822,999 in California Department of Fish & Wildlife grants, $334,904 in Parks Public Facility Fees, $235,582 in the California Department of Transportation Federal Highway Administration grants, and $145,672 in PG&E Mitigation revenue. For the construction phase, another $15,953,000 in ATP grant funding has been approved, but not yet appropriated for the construction phase of the project. Approximately $15.6 million of additional funding is planned to be appropriated by SLOCOG and Caltrans in future fiscal years, leaving a projected $5,000,000 funding gap for the estimated $36.5 million cost to construct Phases 1 and 2. The Board accepted the CTC’s ATP grant funding in the amount of $18,248,000 on July 13, 2021. In addition to support from the CTC, the County has spent over $9 million in County funds, community donations, and State and Federal grants since 2002. The Project has made considerable progress with this significant investment, a feat made possible by local, State, and Federal resources. In addition to the impact on the General Fund, returning ATP grant funds or failing to deliver this project will adversely affect the County’s ability to successfully secure future ATP grants. ATP grants are competitive awards rather than guaranteed allocations, and the County’s capability to deliver ATP projects is a consideration in future application determinations. The County will have to disclose that funding was returned for the Project on future grant applications and will receive fewer overall point s in the scoring system, making the County less competitive comparatively. Potential County projects that rely on the CTC as a funding source will be at a disadvantage for years to come. Page 141 of 603 Page 6 of 6 RESULTS Providing the recommended resolution of support and budget adjustment will allow County staff to continue working with funding agencies to keep the Project moving forward. The ultimate result is to improve the pedestrian and bicycle connection between Avila Beach and San Luis Obispo, supporting the County’s vision of providing a healthy and livable community while improving regional non-modal transportation linkages. ATTACHMENTS 1 Vicinity Map 2 Resolution of the Board of Supervisors Proclaiming Their Support for the Completion of the Bob Jones Trail Gap Closure, Phasing Proposal and Funding Plan File: 320096 Reference: 25.007 Page 142 of 603