HomeMy WebLinkAboutR-11634 authorizing utility distribution easement that will encumber a portion of property owned byR 11634
RESOLUTION NO. 11634 (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. 2024026814
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.
Docusign Envelope ID: BEF80FA3-2687-4A10-888A-10EB38FA23D8
Resolution No. 11634 (2026 Series) Page 2
R 11634
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 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.”
Docusign Envelope ID: BEF80FA3-2687-4A10-888A-10EB38FA23D8
Resolution No. 11634 (2026 Series) Page 3
R 11634
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 Shoresman, seconded by Vice Mayor Francis,
and on the following roll call vote:
AYES: Council Member Boswell, Marx, Shoresman, Vice Mayor Francis,
and Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 3rd day of March 2026.
___________________________
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
Docusign Envelope ID: BEF80FA3-2687-4A10-888A-10EB38FA23D8
3/9/2026 | 11:46 AM PDT