HomeMy WebLinkAboutR-10944 Authorizing the acquisition of a portion of the Miossi Brothers La Cuesta RanchRESOLUTION NO. 10944 (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA AUTHORIZING THE ACQUISITION OF A
PORTION OF THE MIOSSI BROTHERS LA CUESTA RANCH
PROPERTY IDENTIFIED AS ASSESSOR PARCEL NOS. 070-241-013;
073-231-008; 073-271-013; AND 073-341-003 (PORTION) TOTALING
APPROXIMATELY 266 ACRES IN UNINCORPORATED SAN LUIS
OBISPO COUNTY
WHEREAS, the City of San Luis Obispo has adopted policies for protection,
management, and public use of open space lands in the Conservation and Open Space Element of
the City of San Luis Obispo's General Plan, and on August 22, 2018 the City's Planning
Commission made General Plan Consistency Determination pursuant to Government Code
Section 65042; and
WHEREAS, the City of San Luis Obispo manages twelve open space areas totaling
approximately 3,750 acres, and now desires to acquire an approximately 266 -acre portion of the
Miossi Brothers La Cuesta Ranch for permanent open space conservation and passive recreation
purposes; and
WHEREAS, the fair market value for the 266 -acre property interest as of February 12,
2018 is $1,300,000, as determined by an Appraisal Report prepared by the firm Schenberger,
Taylor, McCormick & Jecker; and
WHEREAS, the City of San Luis Obispo has reached an agreement to purchase the
property from the seller, Miossi Brothers La Cuesta Ranch, who will sell the property to the City
of San Luis Obispo for the appraised fair market value; and
WHEREAS, the City of San Luis Obispo has Open Space Acquisition Funds in the
amount of $1,000,000 and will have successfully received grant funding from the State of
California's Habitat Conservation Fund in the amount of $200,000 and a charitable donation of
$100,000 from the Forbes Family in order to consummate the transaction.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that:
1. Finds that acquisition of the 266 -acre portion of the Miossi Brothers La Cuesta Ranch is
exempt from the provisions of the California Environmental Quality Act because it
involves "acquisition of lands for fish and wildlife conservation purposes including (a)
preservation of fish and wildlife habitat... and (c) preserving access to public lands and
waters where the purpose of the acquisition is to preserve the land in its natural
condition" (§15313), as well as because it involves the "acceptance of ... fee interests in
order to maintain the open space character of the area" (§ 15317);
2. Finds that the subject property possesses high ecological and habitat value;
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Resolution No. 10944 (2018 Series)
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3. Finds that the use of referenced City funds, grant funds, and donated funds for acquisition
of the subject property is an appropriate expenditure;
4. Adopts the Council Agenda Report and Recommendation for this item;
5. Authorizes the acquisition in fee simple title of approximately 266 acres of unimproved
real property that is a portion of the Miossi Brothers La Cuesta Ranch, located in
unincorporated San Luis Obispo County, for open space conservation and passive
recreation purposes;
6. Authorizes the expenditure of $1,000,000, plus ancillary closing costs, from the City of
San Luis Obispo's Open Space Acquisition Funds towards the purchase of the property;
7. Authorizes the use of $200,000 from the City of San Luis Obispo's Open Space
Acquisition Funds, if needed, that will be reimbursed by the State of California's Habitat
Conservation Fund pursuant to the terms of that Grant Agreement;
8. Authorizes the acceptance of a donation of $100,000 from the Forbes Family via the San
Luis Obispo County Community Foundation in accordance with the City's Donation
Acceptance Policy;
9. Authorizes the Mayor to execute a Certificate of Acceptance for the real property interest
concurrent with the close of escrow for said transaction, and the City Manager to execute
any and all documents necessary to consummate the transaction.
10. Authorizes the Mayor to execute a Deed Restriction, Access Easement Agreement,
Telecommunications Easement Agreement and a Grazing Lease for the subject property
consistent with the terms of the Purchase and Sale Agreement and in forms subject to the
approval of the City Attorney.
Upon motion of Council Member Rivoire, seconded by Council Member Pease, and on the
following roll call vote:
AYES: Council Members Gomez, Pease and Rivoire,
Vice Mayor Christianson and Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 18th day of September, 2018.
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lov-v' Mayor He i Harmon
ATTEST:
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Teresa Purrington 0
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Resolution No. 10944 (2018 Series)
City Clerk
APPROVED AS TO
J. dine Dietrick
Cly Attorney
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this Z6144 day of ry )1
Teresa Purrington
City Clerk
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