HomeMy WebLinkAboutR-11596 declaring certain real property interests necessary for public purposes and authorizing theR 11596
RESOLUTION NO. 11596 (2025 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH
THE CALIFORNIA & TAFT ROUNDABOUT PROJECT (CERTAIN REAL
PROPERTY INTERESTS ON APN 001-043-027)
WHEREAS, the City of San Luis Obispo, California (“City”) seeks to construct the
California & Taft Roundabout Project (“Project”) to alleviate congestion, improve safety
for vehicles, bicyclists and pedestrians, increase capacity and improve traffic flow
operation at the intersection of California Boulevard and Taft Street; and
WHEREAS, the City seeks to construct public street improvements consisting of a
roundabout and related street improvements to improve traffic operations and safety for
all road users of the California Boulevard and Taft Street intersection, consistent with the
City’s adopted plans and policies; and
WHEREAS, the intersection of California Boulevard and Taft Street currently
operates deficiently per the City’s adopted performance thresholds and has a
documented history of collisions and traffic safety concerns. Installation of a roundabout
at this intersection is recommended in the City’s adopted General Plan Circulation
Element, Active Transportation Plan, and multiple safety plans. The construction of the
Project will benefit the City and the public because the intersection of California Boulevard
and Taft Street is identified in the City’s General Plan Circulation Element and California
Polytechnic University (Cal Poly) Housing South Environmental Impact Report (EIR) as
operating with levels of traffic congestion and vehicle delay that exceed the City’s adopted
performance thresholds. In addition, this intersection has been identified as a high
collision-rate intersection in the City’s previous Traffic Safety Reports and recent 2025
Draft Vision Zero Action Plan. The City’s 2021 Active Transportation P lan (ATP) also
recommends modifications to this intersection to improve bicycle and pedestrian
crossings—the need for which has increased with the recent extension of the Railroad
Safety Trail along California Boulevard between Taft and Pepper Streets; and
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WHEREAS, the City seeks to construct the Project to improve safety and traffic
circulation at the intersection of California Boulevard and Taft Street by constructing a
roundabout and related improvements consistent with the Federal Highway
Administration’s (FHWA) recommendations for such intersections. Roundabouts are
shown to promote lower traffic speeds, reduce intersection conflict points, improve traffic
operations, reduce congestion, delays and vehicle emissions, and reduce severity of
collisions and improve safety. Based on an analysis of these alternatives, an all-way stop
configuration would result in deficient traffic operations and a traffic signal would operate
less efficiently than a roundabout and provide less safety benefit. The reconstruction of
this intersection as a single-lane urban roundabout is recommended in each of these
planning documents as the appropriate mitigation measure to improve both traffic
operations, pedestrian/bicycle crossings, and safety for all road users. The City’s General
Plan Circulation Element and City Engineering Standards also include policies that
prioritize roundabouts as the preferred form of intersection control for intersections that
may otherwise be considered for signalization or all-way stop control; and
WHEREAS, the Project requires the acquisition of certain real property interests,
consisting of (collectively “Subject Property Interests”) on the real property located at 578
California Boulevard, San Luis Obispo, California, and is identified as County of San Luis
Obispo Tax Assessor’s Parcel Number 001-043-027 (“Property”): (a) an approximate
2,182 square foot portion of the Property in fee for public street/right-of-way purposes,
public utilities, drainage, and all uses necessary or convenient in conne ction with the
Project described more particularly on EXHIBIT “A” and depicted on EXHIBIT “B”
attached hereto and incorporated herein by this reference; (b) an approximate 763 square
foot temporary construction easement (TCE) on the Property for a term of 18 months from
date of possession of the Property to facilitate the construction of the Project described
more particularly on EXHIBIT “C” and depicted on EXHIBIT “D” attached hereto and
incorporated herein by this reference; and (c) an approximate 1,614 square foot
temporary non-exclusive access easement on the Property for a term of 18 months from
date of possession of the Property for ingress and egress and to complete driveway tie -
in work and conform driveway to adjacent public street improvements described more
particularly on EXHIBIT “E” and depicted on EXHIBIT “F” attached hereto and
incorporated herein by this reference; and
WHEREAS, the City is authorized to acquire the Subject Property Interests
described above and in Section 3 below for the construction of public street, roadway,
sidewalk, public utilities, drainage and all uses necessary or convenient thereto in
connection with the Project pursuant to the authority conferred upon the City to acquire
property by eminent domain by California Constitution, Article 1, Section 19, California
Government Code sections 37350, 37350.5, 37351, and 40404, and California Code of
Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited
to Sections 1240.010 through 1240.050, 1240.110, 1240.120, 1240.510, 1240.610,
1240.650, and by other provisions of law; and
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WHEREAS, the Subject Property Interests were appraised by an independent real
estate appraiser and the amount City Council set is just compensation for the Subject
Property Interests at the fair market value set forth in the Appraisal . The most recent
written offer for the fair market value of the Subject Property Interests was mailed to the
owners of record of the Property on May 28, 2025, pursuant to Government Code 7267.2;
and
WHEREAS, pursuant to Code of Civil Procedure section 1245.235, the City sent
a letter and notice by first-class mail dated August 27, 2025, to the record owners of the
Subject Property Interests advising the Record Owners, Kirit Chunibhai Patel and Gita
Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable Trust
(“Record Owners”), regarding the City’s intent to consider at its September 16, 2025,
meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain
of the Subject Property Interests in connection with the Project.
NOW, THEREFORE, BE IT RESOLVED, by at least a two-thirds vote of the City
Council of the City of San Luis Obispo under Code of Civil Procedure sections 1240.030,
1240.040, 1245.220, 1245.230, and 1245.240, that the City does hereby find and
determine as follows:
SECTION 1. Incorporation of Findings and Recitals. The City Council hereby
specifically finds that all of the facts set forth in the above recitals of this Resolution are
true and correct, are incorporated into this Resolution by this reference and constitute a
material part of this Resolution.
SECTION 2. Compliance with California Code of Civil Procedure. The City has
complied with the notice requirements of Code of Civil Procedure section 1245.235.
SECTION 3. Compliance with the California Environmental Quality Act. The
environmental effects of the Project and the acquisition of the Subject Property Interests
needed for the Project were studied and analyzed as an integral part of the City’s analysis
under the California Environmental Quality Act (Public Resources Code sections 21000
et seq.) (CEQA). Specifically, the City determined that the Project was Categorically
Exempt pursuant to CEQA Guidelines Section 15301 (Class 1 Exemption – Existing
Facilities). A Notice of Exemption (NOE) was duly filed for the Project with th e San Luis
Obispo County Clerk’s Office on June 2, 2019, in accordance with Public Resources Code
section 21152. No substantial changes to the Project designs have been made since
2019 such that revisions to the previously approved NOE would be required. The
categorical exemption and NOE are referred to below collectively as the “Environmental
Documents”.
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The environmental effects of the acquisition of the real property interests needed
for the Project were studied and analyzed as an integral part of the Environmental
Documents for the Project. On July 28, 2025, City Staff reviewed the Environmental
Documents in connection with the City’s review of the proposed acquisition of the Subject
Property Interests and determined that the Project and acquisition of the Subject Property
Interest are consistent with the findings in the Environmental Documents. Pursuant to the
criteria of section 15162 of the CEQA Guidelines and section 21166 of the Public
Resources Code, City Staff concluded that no substantial changes have occurred in the
Project, no substantial changes have occurred in the circumstances under with the
Project is undertaken and the City has not obtained any new i nformation of substantial
importance that would require further environmental analysis. These environmental
findings are the appropriate findings with respect to the proposed acquisition of the
Subject Property Interests for the Project.
SECTION 4. Adoption of Resolution of Necessity. The City Council hereby
adopts Resolution No. 11596, A Resolution of the City Council of the City of San Luis
Obispo, California, Declaring Certain Real Property Interests Necessary for Public
Purposes and Authorizing the Acquisition Thereof in Connection with the California & Taft
Roundabout Project (Certain Real Property Interests on APN 001-043-027) (“Resolution
of Necessity”). The City hereby adopts the Resolution of Necessity authorizing the
acquisition by eminent domain of the Subject Property Interests d escribed more
particularly in Section 5 below for public use, namely for the construction of public street,
sidewalk, public utilities, drainage, related improvements, and all uses necessary or
convenient thereto in connection with the Project pursuant to the authority conferred upon
the City to acquire property by eminent domain by California Constitution, Article 1,
section 19, California Government Code sections 37350, 37350.5, 37351, and 40404,
and California Code of Civil Procedure section 1230.010 et seq. (Eminent Domain Law),
including but not limited to sections 1240.010 through 1240.050, 1240.110, 1240.120,
1240.510, 1240.610, 1240.650, and by other provisions of law.
SECTION 5. Description of Subject Property Interests. The City Council
hereby authorizes the acquisition by eminent domain of the following Subject Property
Interest on the Property, which is located at 578 California Boulevard, San Luis Obispo,
California, and is identified as County of San Luis Obispo Tax Assessor’s Parcel Number
001-043-027:
(a) An approximate 2,182 square foot portion of the Property in fee for
public street/right-of-way purposes, public utilities, drainage, and all
uses necessary or convenient in connection with the Project described
more particularly on EXHIBIT “A” and depicted on EXHIBIT “B”
attached hereto and incorporated herein by this reference;
(b) An approximate 763 square foot temporary construction easement
(TCE) on the Property for a term of 18 months to facilitate the
construction of the Project described more particularly on EXHIBIT “C”
and depicted on EXHIBIT “D” attached hereto and incorporated herein
by this reference; and
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(c) An approximate 1,614 square foot temporary non -exclusive access
easement on the Property for a term of 18 months for ingress and
egress and to complete driveway tie-in work and conform driveway to
adjacent public street improvements described more particularly on
EXHIBIT “E” and depicted on EXHIBIT “F” attached hereto and
incorporated herein by this reference.
SECTION 6. The Public Interest and Necessity Require the Project. The
Project, as planned and designed, is in the public interest and necessity. The Project is
consistent with the Circulation Element of the General Plan. It is intended to alleviate
congestion, improve safety for vehicles, bicyclists and pedestrians, increase capacity and
improve traffic flow operation at the intersection of California Boulevard and Taft Street.
As described above, the intersection of California Boulevard and Taft Street
currently operates deficiently per the City’s adopted performance thresholds and has a
documented history of collisions and traffic safety concerns. Installation of a roundabout
at this intersection is recommended in the City’s adopted General Plan Circulation
Element, Active Transportation Plan, and multiple safety plans. The Project, which will
improve traffic operations, pedestrian and bicycle access, and improve safety for all road
users, is in the public interest and necessity.
The intersection of California Boulevard and Taft Street is identified in the City’s
General Plan Circulation Element and California Polytechnic University (Cal Poly)
Housing South Environmental Impact Report (EIR) as operating with levels of traffic
congestion and vehicle delay that exceed the City’s adopted performance thresholds. In
addition, this intersection has been identified as a high collision -rate intersection in the
City’s previous Traffic Safety Reports and recent 2025 Draft Vision Zero Action Plan. The
City’s 2021 Active Transportation Plan (ATP) also recommends modifications to this
intersection to improve bicycle and pedestrian crossings —the need for which has
increased with the recent extension of the Railroad Safety Trail along California Boulevard
between Taft and Pepper Streets roundabout has been proposed as the preferred
intersection design for the Project not only because this is consistent with the City’s
adopted plans and policies, but because a roundabout is expected to provide superi or
benefit to the traveling public in terms of traffic operations, lower greenhouse gas
emissions, and improved safety compared to other potential intersection -control
alternatives.
The Project is in the public interest and necessity because it seeks to improve
safety and traffic circulation at the intersection of California Boulevard and Taft Street by
constructing a roundabout and related improvements consistent FHWA’s
recommendations for such intersections. As noted above, roundabouts are shown to
promote lower traffic speeds, reduce intersection conflict points, improve traffic
operations, reducing congestion, delays and vehicle emissions, and reduce severity of
collisions and improve safety. Based on analysis of these alternatives, an all -way stop
configuration would result in deficient traffic operations and a traffic signal would operate
less efficiently than a roundabout and provide less safety benefit.
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Reconstruction of this intersection as a single lane urban roundabout, as planned
and designed, will help improve both traffic operations, pedestrian/bicycle crossings, and
safety for all road users. The City’s General Plan Circulation Element and City
Engineering Standards also include policies that prioritize roundabouts as the preferred
form of intersection control for intersections that may otherwise be considered for
signalization or all-way stop control.
SECTION 7. The Project is Planned and Located in the Manner that is Most
Compatible with the Greatest Good and the Least Private Injury. The Project is planned
and located in the manner that is most compatible with the greatest public good and the
least private injury. The Project is planned and designed to construct necessary public
street, sidewalk, public utility, drainage, and related improvements to alleviate congestion,
improve safety and traffic circulation at the consistent with the Circulation Element of the
General Plan. The Project is intended to alleviate congestion, improve safety for vehicles,
bicyclists and pedestrians, increase capacity and improve traffic flow operation at the
intersection of California Boulevard and Taft Street.
The intersection of California Boulevard and Taft Street is identified in the City’s
General Plan Circulation Element and California Polytechnic University (Cal Poly)
Housing South Environmental Impact Report (EIR) as operating with levels of traffic
congestion and vehicle delay that exceed the City’s adopted performance thresholds. In
addition, this intersection has been identified as a high collision -rate intersection in the
City’s previous Traffic Safety Reports and recent 2025 Draft Vision Zero Action Plan. The
City’s 2021 Active Transportation Plan (ATP) also recommends modifications to this
intersection to improve bicycle and pedestrian crossings —the need for which has
increased with the recent extension of the Railroad Safety Trail along California Boulevard
between Taft and Pepper Streets.
Reconstruction of this intersection as a single lane urban roundabout, as planned
and designed, will help improve both traffic operations, pedestrian/bicycle crossings, and
safety for all road users. The City’s General Plan Circulation Element and City
Engineering Standards also include policies that prioritize roundabouts as the preferred
form of intersection control for intersections that may otherwise be considered for
signalization or all-way stop control.
In guiding the Project’s design, City staff and engineering design consultants
evaluated a variety of design alternatives. For example, the City considered shifting the
alignment of the proposed roundabout to the west to avoid impacts to private properties
on the east side of the California and Taft intersection; however, this would encroach into
the existing Railroad Safety Trail pedestrian/bicycle path and private property owned by
Union Pacific Railroad (UPRR). UPRR is not supportive of permanent encroachment into
this right-of-way due to proximity to the adjacent active rail corridor and safety concerns.
Further, the City evaluated the potential to reduce the size of the proposed roundabout to
minimize property impacts; however, the roundabout footprint could not be reduced
further while still complying with applicable engineering design standards for safety and
functionality.
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The City also evaluated alternative intersection design strategies other than a
roundabout, including all-way stop control and installation of a traffic signal. However,
these alternatives would not provide acceptable traffic operations and/or safety benef its
to the public commensurate with the proposed Project, nor would these alternatives
provide consistency with the City’s adopted circulation and safety plans and policies. The
Project, as currently proposed, offers the greatest public benefit with the least private
detriment.
The Project, as planned and located, is also planned and designed to minimize the
impact on private parcels. The Subject Property Interests consist of (i) an approximate
2,182 square foot portion of the Property in fee for public street/right-of-way purposes; (ii)
an approximate 763 square foot TCE on the Property for a term of 18 months to facilitate
the construction of the Project; and (iii) an approximate 1,614 square foot temporary non -
exclusive access easement on the Property for a term of 18 months for ingress and
egress and to complete driveway tie-in work and conform driveway to adjacent public
street improvements. The construction of the Project and acquisition of the Subject
Property Interests do not require the relocation of any person or business from the
Property.
SECTION 8. The Subject Property Interests Described in the Resolution of
Necessity are Necessary for the Project. The City cannot construct the Project, as
planned and designed, without the acquisition of the Subject Property Interests.
SECTION 9. Offer Pursuant to Government Code Section 7627.2. Pursuant
to Government Code section 7260, et seq., the City obtained fair market value appraisals
of the Subject Property Interests and the Property of which they are a part. The City set
just compensation for the Subject Property Interests in accordance with the fair market
values. The City extended written offers pursuant to Government Code section 7267.2.
The City retained Hamner Jewell and Associate as its professional right -of-
way/acquisition consultant to assist the City with the City’s good faith negotiations for the
acquisition of the Subject Property Interests. The City has been attempting to negotiate
with the Record Owners of the Property since 2017. After obtaining independent
appraisals of fair market value of the Subject Property Interests, formal written offers were
extended consistent with Government Code section 7267.2 to the Record Owners.
Updated appraisals and written offers were extended in 2018, 2019, 2023, 2024 and May
28, 2025. The most recent offer dated May 28, 2025, was based on an April 17, 2025,
date of value.
The May 28, 2025, offer letter contained an appraisal summary statement that
described the zoning, highest and best use of the Property, explained the appraiser’s
valuation methodology, and included the comparable sales data relied on by the
appraiser. The offer letter offered to pay the reasonable costs, up to $5,000, of an
independent appraisal pursuant to Code of Civil Procedure section 1263.025. Further, the
offer letter included an eminent domain pamphlet explaining the eminent domain process
and the rights of the Record Owners.
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SECTION 10. Compliance with Notice Requirements Under California Code of
Civil Procedure. The City has complied with the notice requirements of Code of Civil
Procedure section 1245.235. Pursuant to Code of Civil Procedure section 1245.235, the
City sent a letter and notice by first-class mail dated August 27, 2025 to the record owners
of the Subject Property Interests advising the Record Owners, Kirit Chunibhai Patel and
Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable
Trust (“Record Owners”), regarding the City’s intent to consider at its September 16,
2025, meeting, the adoption of a Resolution of Necessity for the acquisition by eminent
domain of the Subject Property Interests in connection with the Project. The notice
advised the Record Owners, as shown on the last San Luis Obispo County Assessment
Roll, of their right to appear and be heard regarding the City’s proposed adoption of the
Resolution of Necessity by filing, within fifteen (15) days of the date the notice was mailed,
a written request with the City to appear at the hearing. The notice specifically informed
the Record Owners of the Subject Property Interests that the Record Owners have an
opportunity to appear before the City Council and raise questions about whether the
public interest and necessity require the Project; whether the Project is planned or located
in the manner that will be most compatible with the greatest public good and the least
private injury; and whether the Subject Property Interests the City seeks to acquire from
the owner of record are necessary for the Project.
SECTION 11. Findings. Based on the evidence presented at the hearing on
September 16, 2025, regarding the acquisition of the Subject Property Interests for the
Project, including the Agenda Report, the documents referenced therein, and any oral or
written testimony at the hearing, the City Council hereby finds and determines that:
(a) The public interest and necessity require the Project;
(b) The Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
(c) The Subject Property Interests described more particularly in Section 5
above and in EXHIBIT “A”, EXHIBIT “B”, EXHIBIT “C”, EXHIBIT “D”,
EXHIBIT “E” and EXHIBIT “F” attached hereto, are necessary for the
Project; and
(d) The offer of just compensation required by Section 7267.2 of the
Government Code has been made to the property owner(s) of record.
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SECTION 12. Existing Public Uses. To the extent that the Project will impact
interests of easement holders in the area of the Subject Property Interests, the public use
for which the City seeks to acquire the Subject Property Interests, namely for public street,
public utilities, drainage improvements, and all uses necessary or convenient thereto in
connection with the Project is a joint and compatible use and will not unreasonably
interfere with or impair the continuance of the public use to which any easement holder s
may have appropriated the Subject Property Interests (Code of Civil Procedure section
1240.510). To the extent that the Project will require the relocation of the
interests/facilities of easement holders located in the area of the Subject Property
Interests and impacted by the Project, the City’s use of the Subject Property Interests for
the Project is for a more necessary public use within the mean ing of Code of Civil
Procedure section 1240.650 than the uses to which said public utility easement holders
have appropriated any easements located in the area of the Subject Property Interests.
Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to
Code of Civil Procedure sections 1240.510, 1240.610, and 1240.650.
SECTION 13. Incorporation of Agenda Report and Documents Referenced
Therein. The findings and declarations contained in this Resolution are based upon the
record before the City Council, including the Agenda Report, and all documents
referenced therein, all of which are incorporated herein by this reference and testimony
and/or comments submitted to the City by the Record Owners or their representative(s).
These documents include but are not limited to the City of San Luis Obispo’s General
Plan, Circulation Element, the Environmental Documents in connection with the Project,
most recent offer letter sent to the Record Owners pursuant to Government Code section
7267.2, and notice pursuant to Code of Civil Procedure section 1245.235.
SECTION 14. Authorization to File Eminent Domain Proceeding . The City
Attorney’s Office and the City’s acquisition counsel are authorized to take all steps
necessary to commence and prosecute legal proceedings in a court of competent
jurisdiction to acquire the Subject Property Interests described more particularly in
Section 5 above and in EXHIBIT “A”, EXHIBIT “B”, EXHIBIT “C”, EXHIBIT “D”, EXHIBIT
“E” and EXHIBIT “F” attached hereto.
SECTION 15. City Manager Authority. The City Manager is authorized to
execute all necessary documents in connection with the eminent domain proceeding.
SECTION 16. Certification. The City Clerk shall certify the adoption of this
Resolution.
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SECTION 17. Effective Date. This Resolution shall take effect upon adoption.
Upon motion of Mayor Stewart, seconded by Council Member Francis, and on the
following roll call vote:
AYES: Council Member Boswell, Francis, Marx, Vice Mayor Shoresman,
and Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 16th day of September 2025.
___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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EXHIBIT “A”
LEGAL DESCRIPTION OF FEE RIGHT-OF-WAY AREA
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EXHIBIT “B”
DEPICTION OF FEE RIGHT-OF-WAY AREA
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EXHIBIT “C”
LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
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EXHIBIT “D”
DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT
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EXHIBIT “E”
LEGAL DESCRIPTION OF TEMPORARY NON-EXCLUSIVE
ACCESS EASEMENT
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EXHIBIT “F”
DEPICTION OF TEMPORARY NON-EXCLUSIVE ACCESS EASEMENT
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CERTIFICATION
I, Teresa Purrington, City Clerk, do hereby certify under penalty of perjury the
foregoing instrument to be a full, true, and correct copy of Resolution No. 11596 (2025
Series), adopted by the San Luis Obispo City Council on September 16, 2025, now on file
in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO.
DATED: September 17, 2025
Teresa Purrington
City Clerk
City of San Luis Obispo