HomeMy WebLinkAboutR-11485 authorizing the sale of easements for County of San Luis Obispo Bob Jones Pathway Project (Filipponi Ecological Reserve, APN 076-061-075, 078 and 076-121-018)R 11485
RESOLUTION NO. 11485 (2024 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE SALE OF A PERPETUAL
EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR
THE COUNTY OF SAN LUIS OBISPO’S BOB JONES PATHWAY
PROJECT 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 and procedures 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 4,000 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, a multi-use bicycle and pedestrian facility,
which will necessitate their purchase of both a 0.86-acre permanent easement for the
pathway and a 3.32-acre temporary construction easement from the City of San Luis
Obispo that will encumber portions of the Filipponi Ecological Reserve; and
WHEREAS, the County of San Luis Obispo has identified the specific easement
areas needed for the project, prepared an appraisal to determine the fair market value of
the easements, set forth a satisfactory form of easement agreement, and has made an
offer to pay the fair market value for the easements.
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 findings
of the City in approving the real property transaction described 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).
DocuSign Envelope ID: 7BF50F23-0556-4D9D-9B90-4CB0D67DD3BF
Resolution No. 11485 (2024 Series) Page 2
R 11485
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 permanent and
temporary easements in accordance with the offer package dated March 1, 2024, based
on the following findings:
a) The sale of the permanent and temporary construction easements 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 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 regarding long-
term use of real property intended for specific City-approved purposes by
others (475-11): “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) 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. In accordance with
California Government Code Section 65402, 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.
d) The sale of the permanent and temporary construction easements 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 the property acquisition
(1999/2000) and the “Agreement Declaring Restrictive Covenants” that was
recorded on title to ensure that the property is only used in a manner
consistent with the purposes of the grant, because the small area of the
easements that will encumber the frontage area of the property will not
significantly impair or interfere with the conservation purposes of the
property and the EEMP grant.
DocuSign Envelope ID: 7BF50F23-0556-4D9D-9B90-4CB0D67DD3BF
Resolution No. 11485 (2024 Series) Page 3
R 11485
e) The appraisal methodology and valuation, dated as of March 2, 2023,
represents fair market value for the permanent and temporary construction
easements and the offered sum of $67,700.00 is just compensation.
Upon motion of Vice Mayor Pease, seconded by Council Member Shoresman, and
on the following roll call vote:
AYES: Council Member Francis, Marx, Shoresman, Vice Mayor Pease and
Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 2nd day of April 2024.
___________________________
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: 7BF50F23-0556-4D9D-9B90-4CB0D67DD3BF
4/9/2024 | 1:44 PM PDT