HomeMy WebLinkAboutItem 5e. Approve an easement with Pacific Gas and Electric Company for the County of SLO's Bob Jones Pathway Project Item 5e
Department: Administration
Cost Center: 1005
For Agenda of: 3/3/2025
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Robert Hill, Sustainability & Natural Resources Official
SUBJECT: APPROVE AN EASEMENT WITH PACIFIC GAS AND ELECTRIC
COMPANY FOR THE COUNTY OF SAN LUIS OBISPO’S BOB JONES
PATHWAY PROJECT
RECOMMENDATION
1. Adopt a draft Resolution entitled, “A Resolution of the City Council of the City of San
Luis Obispo, California, authorizing a Utility Distribution Easement with Pacific Gas
and Electric Company that will encumber property owned by the City of San Luis
Obispo identified as Assessor’s Parcel Number 076-121-018 commonly known as the
Filipponi Ecological Reserve.” (Attachment A).
2. Authorize the Mayor to sign the Easement Deed identified as document LD# 2231 -12-
10067.
POLICY CONTEXT
There are two areas of pertinent City policy applicable to evaluating the request from the
County of San Luis Obispo to accommodate the Utility Distribution Easement with Pacific
Gas and Electric Company (“PG&E”) that is necessary to complete the 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.”
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
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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 (475-11) 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.”
DISCUSSION
Utility Distribution Easement
This request is to enter into a Utility Distribution Easement (the “Easement”) with Pacific
Gas and Electric Company (“PG&E”) that is necessary for the County of San Luis Obispo
to complete the Bob Jones Pathway Project (Attachment B). The Easement encumbers
a strip of land along the southern portion of the City’s Filipponi Ecological Reserve
property. The Easement is necessary to accommodate an electric power pole relocation.
The key components of the Easement are as follows:
1. Access to the City’s property to construct, reconstruct, replace, maintain, inspect,
and remove the public utility facility.
2. The Easement area is a 25-foot strip of land adjacent to the Bob Jones Pathway
and proximate to South Higuera Street.
3. Vegetation and tree management within 35 feet contiguous with the Easement.
(Note: PG&E has authorities with the California Department of Fish and Wildlife
(CDFW) to conduct vegetation and tree management activities where CDFW
jurisdiction of Fish and Game Code are applicable.)
4. The Easement is non-exclusive.
5. PG&E may install fencing and gates to facilitate ingress and egress with prior
written permission from the City.
The form of the Easement is based on PG&E’s standard template.
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
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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
facility that is overseen by the California Transportation Commiss ion (CTC). Additional
funding has been approved by the San Luis Obispo Council of Governments (SLOCOG)
to support the project.
Current Project Status1
At the regularly scheduled March 20, 2025 CTC Meeting, the County requested an
amendment to the original project scope by proposing a segmented approach, allowing
the project to be delivered under two successive segments. Segment 1, between the
Octagon Barn Trailhead and Clover Ridge Lane, would advance to the construction phase
in 2026 in accordance with ATP “Timely Use of Funds” requirements, and this segment
will be funded primarily by ATP funds. The alignment of Segment 2, between Clover Ridge
Lane and the Ontario Road Trailhead will concurrently continue into design and move into
the construction phase after its original alignment is modified, utilizing Caltrans right of
way to bypass the property where the County was unsuccessful in securing an easement.
The California Transportation Commission favorably reviewed and approved the County’s
scope and segmentation request at the Commission’s March 2025 meeting, allowing the
County to advance Segment 1 and Segment 2 under separate delivery timelines.
Caltrans approved the Segment 1 Construction Documents on December 15, 2025. At
the regularly scheduled January 27, 2026 Board of Supervisor’s meeting, County staff
were authorized to advertise Segment 1 for construction bids. Segment 1 is currently
scheduled to be bid for construction on March 26, 2026, and bids will be opened on April
23, 2026. Construction of Segment 1 is anticipated to begin in fall of 2026 and conclude
by summer of 2028. The County is currently coordinating with their design consultant to
execute a contract amendment to complete final design of Segment 2. It is anticipated
that Segment 2 will be advertised for construction in spring of 2028.
Previous Council or Advisory Body Action
The City Council approved the purchase of th e Filipponi Ecological Reserve property by
adoption of Resolution No. 8987 (1999 Series) and the acquisition was completed on
April 12, 2000.
1 This section is based on personal communications with County Public Works staff on February 9, 2026,
and is meant to be informational only, as this is not a City project.
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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 in accordance with California Government
Code Section 65402.
On April 2, 2024, the City Council approved Permanent and Temporary Easements for
the Bob Jones Pathway.
On February 4, 2025, the City Council approved an Amendment to Permanent and
Temporary Easements for the Bob Jones Pathway.
Please note that the Permanent and Temporary Easements granted to the County of San
Luis Obispo, as amended, will be used in Phase I of the Bob Jones Pathway Project. The
subject Utility Distribution Easement is located contiguously with the Permanent
Easement area, as the relocated electrical pole will be located just outside of the pathway
itself.
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.
CONCURRENCE
The City Attorney’s Office has reviewed and approved the form of the Easement.
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 Environmental Impact Report was certified by the County Board of
Supervisors on February 24, 2015 (SCH # 2010031121).
FISCAL IMPACT
Budgeted: No Budget Year: FY 2025-26
Funding Identified: No
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Item 5e
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
No compensation is offered for the Utility Distribution Easement, as is customary for this
type of easement. The County of San Luis Obispo is responsible for maintenance of the
Bob Jones Pathway Project and PG&E would be responsible for the Utility Distribution
Easement, if approved.
ALTERNATIVES
Council may request further clarification from staff, may request changes to the
proposed resolution or easement prior to approval, or may decide not to approve
the recommendations contained in this Council Agenda Report. A decision not to
approve may jeopardize the County of San Luis Obispo’s ability to comply with applicable
funding requirements and engineering standards necessary to complete the Bob Jones
Pathway Project, which is a long-standing community project of regional significance that
is consistent with numerous City goals and policies. Any proposed changes to the form
of easement will require negotiation with PG&E.
ATTACHMENTS
A - Draft Resolution authorizing a Utility Distribution Easement with Pacific Gas and
Electric Company
B - Utility Distribution Easement with Pacific Gas and Electric Company
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R ______
RESOLUTION NO. _____ (2026 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING UTILITY DISTRIBUTION
EASEMENT THAT WILL ENCUMBER A PORTION OF PROPERTY
OWNED BY THE CITY OF SAN LUIS OBISPO IDENTIFIED AS
ASSESSOR’S PARCEL NUMBER 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 County of San Luis
Obispo’s request for a Permanent and Temporary Construction Easement document by
Resolution No. 11485 (2024 Series), which was recorded as Document No. 2024026 814
with the San Luis Obispo County Clerk-Recorder on September 23, 2024; and
WHEREAS, on February 4, 2025, the City Council approved the County of San
Luis Obispo’s request for an Amendment to Permanent and Temporary Construction
Easement document by Resolution No. 11540 (2025 Series), which was recorded as
Document No. 2025005195 with the San Luis Obispo County Clerk-Recorder on February
26, 2025; and
WHEREAS, the County of San Luis and Pacific Gas and Electric Company now
request a Utility Distribution Easement in order to relocate an electricity power pole that
will conflict with the alignment and planned construction of the Bob Jones Pathway.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Recitals. The recitals set forth above are hereby adopted as 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
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Resolution No. _____ (2026 Series) Page 2
R ______
California Environmental Quality Act and is also responsible for all applicable regulatory
agency permitting and requirements. The re-circulated 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 authorizes the
Utility Distribution Easement titled “Easement Deed” and referenced as Document LD#
2231-12-10067, based on the following findings:
a) The Utility Distribution Easement is in necessary for the County of San Luis
Obispo to construct the Bob Jones Pathway Project , which 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 grant of the Utility Distribution Easement 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 Utility
Distribution Easement in furtherance of the County of San Luis Obispo’s
Bob Jones Pathway Project 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 grant of the Utility Distribution Easement 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 Utility Distribution Easement will not
significantly impair or interfere with the conservation purposes of the
property and the EEMP grant.
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 _______________ 2026.
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Resolution No. _____ (2026 Series) Page 3
R ______
___________________________
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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Utility Distribution Easement (02/2020) Modified 10/13/2025
RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
300 Lakeside Drive, Suite 210
Oakland, CA 94612
Attn: Land Rights Library
Location: City/Uninc
Recording Fee $
Document Transfer Tax $
[ ] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
Signature of declarant or agent determining tax
LD# 2231-12-10067 EASEMENT DEED
CITY OF SAN LUIS OBISPO, a California Charter Municipal corporation,
hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California
corporation, hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct,
replace (of initial or any other size), remove, maintain, inspect, and use facilities and associated
equipment for public utility purposes, including, but not limited to electric, gas, and communication
facilities, together with a right of way therefor, on, over, and under the easement area as hereinafter set
forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the
unincorporated area of the County of San Luis Obispo, State of California, described as follows:
(APN 076-121-018)
The parcel of land described and designated PARCEL 2 in the deed from Herbert W. Filipponi as
Trustee, and others to Grantor dated March 7, 2000 and recorded as Document No. 2000-019356, San
Luis Obispo County Records.
The easement area is described as follows:
A strip of land of the uniform width of 25 feet lying contiguous to and easterly of the easterly boundary
line of the Frontage Road known as South Higuera Street and extending from the southerly boundary
line of said lands northerly approximately 577 feet (measured along said easterly boundary line) to the
northerly boundary line of said lands. Said strip of land is shown upon the print of Grantee’s Drawing
No. 35607414 attached hereto and made a part hereof.
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Utility Distribution Easement (02/2020) Modified 10/13/2025
Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee
paying compensation, any and all trees and brush now or hereafter that interfere with Grantee’s facilities
within said easement area, and shall have the further right, from time to time, to trim and cut down trees
and brush 35 feet contiguous to and easterly of the easterly boundary line of the said easement area
which in the opinion of Grantee interfere with or pose a hazard to the facilities installed hereunder, or
as Grantee deems necessary to comply with applicable state or federal regulations. Grantee shall
promptly remove or cause to be discarded any trimmings, downed trees or brush that it creates within
the easement area.
Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement
area for staging or access purposes as may be reasonably necessary in connection with the excavation,
construction, reconstruction, replacement, removal, maintenance and inspection of said facilities within
the easement area.
Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or
construct, any building or other structure, or store flammable substances, or drill or operate any well, or
construct any reservoir or other obstruction within said easement area, or diminish or substantially add
to the ground level within said easement area, or construct any fences that will interfere with the
maintenance and operation of said facilities. The grant of this easement is expressly intended to be non-
exclusive, and Grantor shall have the right to use the Easement Area provided that such use does not
unreasonably interfere with Grantee’s use as set forth herein and subject to other easements, restrictions,
or rights-of-way of record.
In the event Grantee shall make any excavation on said lands pursuant to this grant, Grantee shall restore
said lands as nearly as practicable to their condition prior to such excavation including, without limiting
the generality of the foregoing, pavement, sidewalks, lawns and shrubs. Grantee shall repair any other
damage it causes to the easement area.
Grantee agrees to indemnify and hold harmless Grantor from any and all loss, damages or liability
connected with Grantee’s occupation of said lands or resulting from the injury to or death of any person,
or damage to or loss or destruction of any property arising out of Grantee’s negligent acts or omissions
or willful misconduct; provided, however, that this indemnity shall not extend to that portion of such
loss or damage that shall have been caused by Grantor's comparative negligence or willful misconduct.
Grantee shall have the right to install, maintain, and use gates in all fences which now cross or shall
hereafter cross said easement area provided that Grantee first obtain the written approval of Grantor,
such approval shall not be unreasonably delayed or withheld. Grantor may only deny such a request if
Grantor determines that such improvements unreasonably interfere with the public’s use of said lands
or pose a health and safety risk.
The legal description herein, or the map attached hereto, defining the location of this utility distribution
easement, was prepared by Grantee pursuant to Section 8730(c) of the Business and Professions Code.
This document may be executed in multiple counterparts, each of which shall be deemed an original,
but all of which, together, shall constitute one and the same instrument.
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Utility Distribution Easement (02/2020) Modified 10/13/2025
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective
parties hereto, and all covenants shall apply to and run with the land.
Dated: , .
CITY OF SAN LUIS OBISPO,
a California Charter Municipal corporation
By:
Print Name:
Title:
I hereby certify that a resolution was adopted on the day of , 20 , by the
authorizing the foregoing grant of easement.
By Title
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Utility Distribution Easement (02/2020) Modified 10/13/2025
State of California
County of )
On , before me, Notary Public,
Insert name
personally appeared
,
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/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.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s)
[ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s)
[ ] Other
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.
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Utility Distribution Easement (02/2020)
Attach to LD: 2231-12-10067
Area, Region or Location: 4
Land Service Office: San Luis Obispo
Line of Business: Electric Distribution (43)
Business Doc Type: Easements
MTRSQ: 22.31.12.16.13, 22.31.12.16.24,
FERC License Number:
PG&E Drawing Number: 35607414
Plat No.: NN3225
LD of Affected Documents:
LD of Cross Referenced Documents:
Type of interest: Electric Pole Line Easements (3), Utility Easement (86)
SBE Parcel:
% Being Quitclaimed:
Order or PM: 35607414
JCN:
County: San Luis Obispo
Utility Notice Number:
851 Approval Application No: ;Decision:
Prepared By: M22F
Checked By: l3b0
Approved By:
Revised by:
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