HomeMy WebLinkAboutB1 Pismo PreserveCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number
FROM: Michael Codron, Assistant City Manager
Prepared By: Robert A. Hill, Natural Resources Manager
SUBJECT: GRANT FUNDING FOR PISMO PRESERVE ACQUISITION
RECOMMENDATION
Authorize a grant of $10,000 of Measure Y funding towards the acquisition of real property
known as the Pismo Preserve and adopt a resolution (see Attachment 1) authorizing the Mayor to
execute a Grant Agreement with The Land Conservancy of San Luis Obispo County.
DISCUSSION
City Council received a formal letter request dated May 12, 2014 for funding in the amount of
$100,000 to support The Land Conservancy of San Luis Obispo County’s proposed acquisition
of property known as the Pismo Preserve for conservation, open space, and passive recreation
purposes (see Attachment 2). The Land Conservancy has reached out to other local cities and the
County of San Luis Obispo for support. The total fundraising goal from the community, private
foundations, and local, regional, state and federal agency sources for Pismo Preserve is
approximately $11.5 million.
At its regularly scheduled meeting on July 15, 2014, the City Council took public comments for
items not on the agenda and received testimony in support of the Pismo Preserve project. By 4-1
consensus (Council Member Carpenter dissenting) the City Council directed staff to bring back
an agenda item for Council consideration of potential funding at its August 19, 2014 hearing
(see Attachment 3).
The Pismo Preserve is located approximately 2 miles south of the most southerly extent of the
City’s Greenbelt Boundary (see Attachment 4), as adopted by City Council with the
Conservation and Open Space Element (COSE) of the City’s General Plan in 2006. The City has
no history of funding voluntary conservation projects outside of the adopted Greenbelt
Boundary. However, there are several policy references in the COSE that lend support for the
City’s participation in this particular project.
First, the Pismo Preserve is ecologically connected to the southern area of the Greenbelt in terms
of vegetation, geology, habitat, and as a wildlife migration corridor, as established in the Irish
Hills Coastal Watersheds Conservation Plan (2001) prepared for the California State Coastal
Conservancy. Its acquisition would therefore be of benefit to the City’s conservation objectives
in a larger, regional connectivity context. This is supported by COSE Policy 7.3.3 (C):
7.3.3 Wildlife habitat and corridors.
Continuous wildlife habitat, including corridors free of human disruption, shall be preserved and
where necessary, created by interconnecting open spaces, wildlife habitat and corridors. To
accomplish this, the City will:
C. Coordinate with San Luis Obispo County and adjoining jurisdictions, federal and state
agencies such as Caltrans to assure regional connectivity of open space and wildlife corridors.
8-19-14
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GRANT FUNDING FOR PISMO PRESERVE ACQUISITION Page 2
Second, the City currently experiences significant user volumes at existing City open space areas
(most notably Johnson Ranch Open Space, Cerro San Luis Natural Reserve, and Bishop Peak
Natural Reserve) and it is likely that many of these open space users are South County residents
that currently do not enjoy comparable amenities near where they reside. Arguably, participating
in the Pismo Preserve acquisition will relieve some of the pressure we receive on our own
signature open space properties from non-resident use and will also provide another significant
nearby open space amenity that will be accessible to City residents. This is supported by several
COSE policies intended to address resource protection, including COSE 8.5.5.
Third, the City has a longstanding relationship with The Land Conservancy of San Luis Obispo
County. While we have partnered on a variety of initiatives over the past 20 years, from a strictly
monetary standpoint it is noteworthy that the Land Conservancy has donated in fee simple title
the Stenner Springs properties to the City valued at $448,000, assigned funding of $350,000
towards our Stenner Ranch conservation easement project, fundraised over $100,000 for our
Brughelli Ranch conservation easement project, fundraised over $70,000 for our Froom Ranch
acquisition project, and fundraised $15,000 for our Upper Goldtree Vineyard property
acquisition project. Offering grant support for the Land Conservancy’s Pismo Preserve project
will further strengthen interagency cooperation for regional open space acquisition. The value of
this public / private partnership is supported by COSE Program 8.7.1 (J) and (L):
8.7.1 Protect open space resources.
The City will take the following actions to protect open space, and will encourage individuals,
organizations, and other agencies to take the same actions within their areas of responsibility and
jurisdiction:
J. Improve interagency cooperation for open space acquisition, greenbelt, creeks, wetlands, and
wildlife habitat protection in open space areas by coordinating with other government agencies
and organizations having interest or expertise in resource protection.
L. Establish mutually respectful, long-term relationships with landowners, and conservation
organizations such as land trusts, and local environmental organizations.
In sum, although the Pismo Preserve is situated outside of the City’s Greenbelt Boundary and the
City does not have a history of participating in voluntary conservation initiatives outside of that
Boundary, it does appear that there are several policies and programs promulgated under the
Conservation and Open Space Element of the City’s General Plan that lend support to this
particular initiative.
CONCURRENCES
The City Attorney and Finance Director concur with the proposed grant offer of $10,000.
ENVIRONMENTAL REVIEW
The California State Coastal Conservancy will serve as lead agency for the real property
acquisition component of the Pismo Preserve project that the City may potentially participate in.
Further, acquisitions of real property for conservation and open space purposes are typically
Categorically Exempt under Section 15325 of the California Environmental Quality Act
(CEQA).
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GRANT FUNDING FOR PISMO PRESERVE ACQUISITION Page 3
FISCAL IMPACT
The Land Conservancy of San Luis Obispo County’s written letter request is for the City to fund
$100,000 towards the acquisition of the Pismo Preserve. Although the City would accrue
regional benefits pursuant to the policy objectives described above, these benefits are qualitative
in nature and are therefore difficult to assign a monetary value upon.
The City’s most appropriate fund source is the Open Space CIP (No. 4301150-99837950). The
total budget allocation to the Open Space CIP for Fiscal Year 2014-15 is $200,000 that is
sourced from Measure Y revenues.
In consideration of the fact that the fund request represents half of the total Open Space CIP
budget for this coming year, that there are multiple competing priorities for those funds, and that
the benefits expected to accrue from the project are regional and qualitative in nature, staff
recommends a funding amount of $10,000 towards the project.
A Grant Agreement (see Attachment 5) has been prepared to facilitate the disbursement of the
funds directly to escrow that will ensure funds are only expended on the land acquisition
component of the project, and that if the close of escrow does not occur as expected, the funds
will be returned to the City.
ALTERNATIVES
1. Approve grant funding of a different amount than the staff recommendation towards the
acquisition of real property known as the Pismo Preserve and adopt a resolution
authorizing the Mayor to execute a Grant Agreement with The Land Conservancy of San
Luis Obispo County.
2. Deny General Fund grant funding towards the acquisition of real property known as the
Pismo Preserve because this open space is not immediately connected to the Greenbelt
and other higher priorities should be the exclusive focus of the City at this time.
3. Approve the grant but explore alternative funding sources such as the Tourism Business
Improvement District (TBID), in consideration of the Pismo Preserve’s potential to create
additional regional ecotourism opportunities or the General Fund Reserve because this
purchase is not a prioritized use of Measure Y resources.
4. Continue the item with specific direction if more information or discussion time is
required before taking action.
ATTACHMENTS
1. Draft Resolution
2. Letter Request from The Land Conservancy of San Luis Obispo County (May 12, 2014)
3. Unbound Action Update of July 15, 2014 City Council Meeting
4. Map of the Pismo Preserve and the San Luis Obispo Greenbelt
5. Draft Grant Agreement
LINKS
1. Narrative description, maps, photos, and video of the Pismo Preserve can be found at:
http://lcslo.org/project/pismopreserve/
T:\Council Agenda Reports\2014\2014-08-19\Pismo Preserve (Codron-Hill)
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RESOLUTION NO. ________ (2014 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A GRANT AGREEMENT WITH THE LAND CONSERVANCY OF SAN
LUIS OBISPO COUNTY
WHEREAS, the City of San Luis Obispo has adopted policies for conservation,
protection, and management of open space lands both within and outside of the City; and
WHEREAS, The Land Conservancy of San Luis Obispo County is undertaking a
conservation and open space project involving the acquisition of real property known as the
“Pismo Preserve” and has requested funding participation from the City of San Luis Obispo; and
WHEREAS, the Conservation and Open Space Element of the City of San Luis Obispo’s
General Plan provides policy guidance relative to working in collaboration with other regional
partners to secure intact habitat and wildlife migration corridors by providing a series of
connected open space areas.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
1. The City Council hereby finds and declares the City’s financial support of the acquisition
of the Pismo Preserve serves the public interest and provides public benefits to the citizens of
San Luis Obispo by facilitating the preservation and public access to a substantial and significant
environmental, recreational and open space resource, which will expand the nearby open space
recreational opportunities available to City residents, relieve burdens on existing City open space
amenities, and contribute to a vibrant local eco-tourism economy that benefits the City.
2. Grant Agreement for the Pismo Preserve Acquisition. The City Council hereby approves
the Grant Agreement and authorizes the Mayor to sign the Grant Agreement, an official copy of
which shall be kept on record with the City Clerk, based on the following findings:
The Grant Agreement and Pismo Preserve project are consistent with General Plan policies and
programs, including:
a. Conservation and Open Space Element Policy 7.3.3 (C) that calls for protection of
regional open space areas and the maintenance of wildlife migration corridors and
connectivity; and
b. Conservation and Open Space Element Program 8.5.5 that allows passive recreation in
City Open Space only “where it will not degrade or significantly impact open space
resources and where there are no significant neighborhood compatibility impacts…” and
that supporting another open space acquisition project outside of the City of San Luis
Obispo will alleviate pressure on the City’s existing open space resources; and
c. Conservation and Open Space Element Program 8.7.1 (J) and (L) which state that the
City of San Luis Obispo will protect open space by improving interagency cooperation
and by “establishing mutually respectful, long-term relationships with landowners, and
conservation organizations such as land trusts, and local environmental organizations.”
Attachment 1
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On motion of , seconded by , and on the following roll call vote:
AYES: Council Members
NOES: Council Members
ABSENT:
The foregoing resolution was adopted this 19th day of August, 2014 at a duly noticed public
hearing.
_______________________________
Jan Howell Marx, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ _______________________________
Anthony Mejia, City Clerk J. Christine Dietrick, City Attorney
Attachment 1
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May 12, 2014
San Luis Obispo City Council
Deputy Director
990 Palm Street
San Luis Obispo, CA 93401
RE: Request for City Funding Support for Pismo Preserve Acquisition
Dear Council Members,
I am writing you today to formally request funding from the City of San Luis Obispo toward the
acquisition of the proposed Pismo Preserve, a 900‐acre private ranch that we aim to transform into a
public open space. The Pismo Preserve is truly a once in a lifetime opportunity to address the regional
need for permanently protected conservation lands that serve both people and wildlife.
Specifically, the proposed Pismo Preserve will create access to a new open space with over ten miles of
unparalleled hiking, mountain biking, and horseback riding trails. The Preserve will enhance the quality
of life for local residents, provide a new attraction for our region’s tourism industry, and safeguard
essential natural resources that ensure clean air and water. These benefits will be shared by all future
generations. Furthermore, the creation of a new recreational amenity will help reduce the overuse
burden currently experienced at City managed open‐spaces.
The Land Conservancy is requesting a financial contribution of $100,000 from the City of San Luis Obispo
to secure the Pismo Preserve for community use. This investment will be leveraged over one hundred‐
fold with matching funds from the State Coastal Conservancy, the Wildlife Conservation Board, private
corporations and foundations, and from overwhelming public support. The City of San Luis Obispo is
being asked to contribute less than 1% of the total project cost yet City residents would forever benefit
from the project’s many positive impacts.
While the initial investment by all our funders is significant, The Land Conservancy has committed to the
ownership and operation of the Preserve as a free public park with no ongoing maintenance or
management costs to our local government agencies.
We have the opportunity right now to create an outstanding public open space preserve that will serve
our entire County and help shape the future of our region. I strongly urge the City of San Luis Obispo to
step up as a major funding partner of the proposed Pismo Preserve.
Thank you for your consideration of our request. Please do not hesitate to let me know if you have any
questions or concerns regarding this request or the Pismo Preserve project.
Sincerely,
Kaila Dettman
Executive Director
Attachment 2
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City of San Luis Obispo, Council Agenda, City Hall, 990 Palm Street, San Luis
Obispo
Tuesday, July 15, 2014
6:00 p.m.
REGULAR MEETING
Council Chamber
990 Palm Street
CALL TO ORDER: Mayor Jan Marx
ROLL CALL: Council Members John Ashbaugh, Dan Carpenter, Kathy Smith,
Vice Mayor Carlyn Christianson, and Mayor Jan Marx
PLEDGE OF ALLEGIANCE: Council Member Carpenter
CITY ATTORNEY REPORT ON CLOSED SESSION
City Attorney Dietrick announced that the closed session was cancelled earlier today.
INTRODUCTION OF NEW HIRES
JON ANSOLABEHERE, ASSISTANT CITY ATTORNEY
City Attorney Dietrick introduced Assistant City Attorney Jon Ansolabehere as a new hire.
ISAAC SHUCK, FLEET MAINTENANCE SUPERVISOR
Public Works Director Grigsby introduced Fleet Maintenance Supervisor Isaac Shuck as a new hire.
APPOINTMENTS
A1. APPOINTMENT TO THE 2014-2015 CAL POLY CAMPUS PLANNING
COMMITTEE
Following discussion, MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY
COUNCIL MEMBER CARPENTER, CARRIED 5-0, to appoint Council Member
Ashbaugh to represent the City Council and City of San Luis Obispo on the 2014-2015
Cal Poly Campus Planning Committee.
Attachment 3
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San Luis Obispo - Regular Meeting Agenda of July 15, 2014 Page 2
PUBLIC COMMENT
There were 13 people desiring to speak on items not on the agenda.
Council directed staff to agendize consideration of the Pismo Preserve for August 19, 2014.
CONSENT AGENDA
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5-0, to approve Consent Calendar Items C1 thru C12, except
Items C6, C11 and C12.
C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5-0, to waive reading of all resolutions and ordinances as
appropriate.
C2. MINUTES OF CITY COUNCIL MEETING OF JUNE 10, 2014
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5-0, to approve the Minutes of the City Council meeting
of June 10, 2014.
C3. APPROVAL OF WORLD TRADE CENTER MEMORIAL PUBLIC ART
DESIGN AND PUBLIC ART CONTRACT - SPECIFICATION NO. 91018
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5-0, to:
1. Conceptually approve the public art design “Standing Tall” for the City of San Luis
Obispo World Trade Center Memorial public art project for the City’s Emergency
Dispatch Communications Center and Fire Station No. 1 located at 2160 Santa
Barbara Avenue.
2. Award a public art contract with Kathleen Caricof in the amount of $62,000 for the
design, fabrication and installation of the World Trade Center Memorial public art
project, Specification No. 91018.
3. Approve the use and transfer of Public Art Completed Projects funding in the
amount of $16,350 to the World Trade Center Memorial projects’ construction
phase for site preparation.
Attachment 3
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San Luis Obispo - Regular Meeting Agenda of July 15, 2014 Page 3
C4. ORDINANCE ADOPTION - AMENDING MUNICIPAL CODE TITLE 17:
ZONING REGULATIONS, ASSOCIATED WITH THE BEDROOM DEFINITION,
REGULATIONS FOR GUEST QUARTERS AND ACCESSORY STRUCTURES,
AND ZONING AMENDMENT INITIATIONS WITH A CATEGORICAL
EXEMPTION FROM ENVIRONMENTAL REVIEW
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5-0, to adopt Ordinance No. 1606 (2014 Series) entitled
“An Ordinance of the City Council of the City of San Luis Obispo amending Title 17
(Zoning Regulations) of the Municipal Code associated with the bedroom definition,
guest quarters and accessory structure regulations and zoning amendment initiations with
a Categorical Exemption From Environmental Review (GPA 110-14).” (Intro. on 7/1/14)
C5. PARKING METER COIN COLLECTION SERVICES REQUEST FOR
PROPOSAL - SPECIFICATION NO. 91291
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5-0, to:
1. Authorize issuance of a Request for Proposal (RFP) for parking meter coin collection
services.
2. Authorize the City Manager to execute an agreement of up to $57,300 to perform
parking meter coin collection services.
C6. GIFT OF HISTORICAL POLICE LEDGERS TO CAL POLY KENNEDY
LIBRARY SPECIAL COLLECTIONS
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 4-1 (COUNCIL MEMBER SMITH VOTING NO), to
authorize the transfer of ownership of thirty-six (36) ledgers from the Police Department
to Cal Poly Kennedy Library - Special Collections for preservation and digitizing for
public access.
C7. CRIME PREVENTION MEDIA SERVICES REQUEST FOR PROPOSAL –
SPECIFICATION NO. 91302
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5-0, to:
1. Authorize the release of a Request for Proposal (RFP) for crime prevention and
community outreach marketing services for Fiscal Year 2014-2015 in an amount not
to exceed $20,000, with the option to extend two additional years. (Specification No.
91302).
2. Authorize the City Manager to execute an agreement with the selected vendor.
Attachment 3
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San Luis Obispo - Regular Meeting Agenda of July 15, 2014 Page 4
C8. REQUEST FOR QUALIFICATIONS - LAND SURVEYING, ARCHITECTURE,
CIVIL ENGINEERING, AND PROPERTY ACQUISITION
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5-0, to:
1. Approve the Request for Qualifications (RFQ) to provide:
a. Land Surveying Services, Specification No. 100.50410.7227.LS
b. Architecture Design Services, Specification No. 100.50410.7227.AD
c. Civil Engineering Services, Specification No. 100.50410.7227.CE
d. Property Acquisition Services, Specification No. 100.50410.7227.ROW
2. Authorize the City Manager to execute agreements with selected consulting firms.
3. Authorize the Finance Director to execute and amend Purchase Orders for individual
consultant services contracts in an amount not-to-exceed the authorized project
budget.
C9. AWARD OF CONTRACT FOR BOND AND DISCLOSURE COUNSEL
SERVICES
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5-0, to:
1. Approve the agreement with Orrick, Herrington & Sutcliffe LLP for bond counsel
and disclosure counsel services, with the stipulation that it shall be amended by the
City Attorney to waive the requirement for elimination of the self-insured retention
(SIR) and require the law firm to provide periodic access to its financial reports to
ensure that it maintains resources sufficient to allow it to cover the SIR over the life
of the agreement.
2. Authorize the City Manager to execute the agreement and subsequent amendments.
C10. POLICE DEPARTMENT HVAC REPLACEMENT - SPECIFICATION NO. 91251
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5-0, to:
1. Award a contract to Smith Electric Service in the amount of $148,953 for the Police
Department HVAC Replacement, Specification No. 91251.
2. Approve a transfer of $5,178 from the CIP Completed Projects account to the project
account.
Attachment 3
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San Luis Obispo - Regular Meeting Agenda of July 15, 2014 Page 5
C11. ORDINANCE ADOPTION – AN ORDINANCE TO BE SUBMITTED TO THE
VOTERS EXTENDING THE ESSENTIAL SERVICES TRANSACTIONS
(SALES) AND USE TAX FOR AN ADDITIONAL EIGHT YEARS
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 4-1 (COUNCIL MEMBER CARPENTER VOTING NO,
to adopt Ordinance No. 1604 (2014 Series) entitled “An Ordinance of the City Council
and the people of the City of San Luis Obispo, California, amending Chapter 3.15 of the
Municipal Code to extend the existing ‘Essential Services Transactions (Sales) and Use
Tax’ for an additional eight years (March 31, 2023), to be administered by the State
Board of Equalization; update the purpose statement; and provide for additional citizen
oversight and accounting transparency.” (Intro. on 7/1/14)
C12. ORDINANCE ADOPTION - ESTABLISHING THE CITIZENS’ REVENUE
ENHANCEMENT OVERSIGHT COMMISSION (REOC)
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 4-1 (COUNCIL MEMBER CARPENTER VOTING NO),
to adopt Ordinance No. 1605 (2014 Series) entitled “An Ordinance of the City Council of
the City of San Luis Obispo, California, establishing the Citizens’ Revenue Enhancement
Oversight Commission (REOC).” (Intro. on 7/1/14)
BUSINESS ITEMS
B1. LAGUNA LAKE NATURAL RESERVE CONSERVATION PLAN - RESOLUTION
Assistant City Manager Codron and Natural Resource Manager Hill narrated a
presentation entitled “Laguna Lake Natural Reserve Conservation Plan” and responded to
Council inquires.
MOTION BY COUNCIL MEMBER SMITH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5-0, to:
1. Adopt a Resolution No. 10547 (2014 Series) entitled “A Resolution of the City
Council of the City of San Luis Obispo, California, approving the Laguna Lake
Natural Reserve Conservation Plan and adopting a Negative Declaration.”
2. Approve a Negative Declaration of environmental impact for the Project.
Attachment 3
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San Luis Obispo - Regular Meeting Agenda of July 15, 2014 Page 6
B2. MEASURE Y CONTINGENCY PLAN AND IMPACT ANALYSIS
Finance and Information Technology Director Padilla and Budget Manager Lamers
narrated a presentation entitled “Measure Y Contingency Plan and Impact Analysis” and
responded to Council inquires.
Council received and filed the update to the contingency planning process to address the
possible loss of the half-percent sales tax (Measure Y) revenue stream and the
presentation of an impact analysis resulting from a significant loss in revenue.
B3. HIGHLAND ENTRY MONUMENT
Director of Public Works Grigsby and Senior Civil Engineer Fraser narrated a
presentation entitled “Highland Entry Monument” and responded to Council inquires.
Council noted that if construction is less than estimated that funding should remain in the
Directional Sign Program project accounts.
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY MAYOR MARX,
CARRIED 3-2 (COUNCIL MEMBERS CARPENTER AND SMITH VOTING NO), to:
1. Approve funding transfers to the City Gateways project construction account totaling
$125,000 as follows:
a) $15,000 from the City Gateways design account.
b) $55,000 from the Completed Projects account.
c) $55,000 from the Directional Sign Program project accounts ($30,000 from
design and $25,000 from construction)
2. Approve a $125,000 match, as requested by the San Luis Obispo Council of
Governments, in support of construction of the Highland Entry Monument project.
3. Direct staff to return funds back to original accounts, in the event the Highland Entry
Monument Project does not move forward.
4. Direct staff to submit Capital Improvement Project (CIP) Requests in the 2015-17
budget process to replace the $55,000 Directional Sign Program funds.
COUNCIL LIAISON REPORTS
Council liaison reports were received from Council Members Ashbaugh and Smith and Mayor
Marx.
Attachment 3
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San Luis Obispo - Regular Meeting Agenda of July 15, 2014 Page 7
COMMUNICATIONS
City Council, Mayor Marx and City Attorney Dietrick reported on the status of request to the
Fair Political Practices Commission (FPPC) for conflict of interest determinations.
ADJOURNMENT - 10:10 P.M.
Adjourn to a Special Meeting to be held on Tuesday, August 19, 2014 at 4:00 p.m. in the City
Council Chambers, 990 Palm Street, San Luis Obispo, California. The Regular Meeting will
commence at 6:00 p.m. in the City Council Chambers located at 990 Palm Street, San Luis
Obispo, California.
Attachment 3
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Attachment 4
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GRANT AGREEMENT FOR PISMO PRESERVE ACQUISITION
THIS Grant Agreement (the “Agreement”) is made on this 19th day of August, 2014, by
the CITY OF SAN LUIS OBISPO (“CITY”) and THE LAND CONSERVANCY OF
SAN LUIS OBISPO COUNTY (“LAND CONSERVANCY”) who are collectively
referred to as the “Parties”.
RECITALS
WHEREAS, LAND CONSERVANCY has reached an agreement with PB Coast
View LLC to acquire land commonly known as the Pismo Preserve, thereby ensuring the
preservation of approximately nine hundred (900) acres of real property (the “Property”),
which Property is described in detail as Exhibit A, attached hereto; and
WHEREAS, both CITY and LAND CONSERVANCY desire to ensure the
preservation of the Property consistent with goals and policies set forth in CITY’s
Conservation and Open Space Element of its General Plan pertaining to protection of
wildlife corridors and contiguous habitat [e.g. Policy 7.3.3(C)], as well as to protect the
scenic, open space, and agricultural values of the Property in perpetuity; and
WHEREAS, the purchase price for the Property is $11,500,000.00 pursuant to a
qualified appraisal; and
WHEREAS, CITY, in consideration of a request from LAND CONSERVANCY,
and of the Parties’ mutual goals and long-standing partnership in land conservation,
desires to make a grant in the amount of $10,000.00 towards the purchase price of the
Property; and
WHEREAS, numerous other entities, including various local and state agencies
and hundreds of private citizens, will provide the remaining funds needed for LAND
CONSERVANCY to complete the transaction and provide for appropriate public access
improvements and the long-term stewardship of the Property; and
WHEREAS, LAND CONSERVANCY will take title to the Property subject to
certain Essential Deed Provisions required by the California State Coastal Conservancy
and California Wildlife Conservation Board which shall include various protective
measures that, collectively, will ensure that the purposes of public expenditures of funds
are adhered to and carried out in perpetuity; and
NOW, THEREFORE, in consideration of the promises herein and the mutual
benefits accruing to the Parties, and to the general public from the acquisition of the
Property exclusively for conservation purposes as contemplated herein, CITY and LAND
CONSERVANCY hereby agree as follows:
A. The Recitals herein are incorporated into and made a part of this
Agreement.
Attachment 5
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B. CITY shall make a grant of funds to LAND CONSERVANCY in the
amount of $10,000.00 which shall be deposited to an escrow account at First American
Title Company, number 4009-444373, which has been established for the benefit of this
transaction, upon LAND CONSERVANCY’s instructions made at least 14 days in
advance to do so.
C. CITY’s funds shall only be used if, and only if, all other funds are
deposited to escrow and the Grant Deed by which title to the Property is exchanged is
duly executed, notarized, and recorded with the San Luis Obispo County Clerk /
Recorder. If the transaction is substantially delayed by more than 30 days, or does not
take place for any reason whatsoever, then LAND CONSERVANCY shall cause First
American Title Company to promptly return the funds to CITY.
D. LAND CONSERVANCY, or its successors and assigns, shall hold all
right, privilege and interests accruing from ownership of the Property in perpetuity.
IN WITNESS WHEREOF, the Parties have executed the foregoing as of the date year
first above written.
CITY OF SAN LUIS OBISPO:
By: ________________________________ Date:_____________________
Jan Marx, Mayor
ATTEST:
By:_________________________________ Date:_____________________
Anthony Mejia, City Clerk
THE LAND CONSERVANCY OF SAN LUIS OBISPO COUNTY:
By:_________________________________ Date:______________________
Herb Kandel, President, Board of Trustees
Attachment 5
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Real property in the unincorporated area of the County of San Luis Obispo, State of
California, described as follows:
(To be attached)
Attachment 5
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blank.
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