City Council
AGENDA
Tuesday, February 4, 2025, 5:30 p.m.
Council Chambers, 990 Palm Street, San Luis Obispo
Council meetings may be viewed remotely on Channel 20, the City’s YouTube Channel, and on the City’s website under the Public Meeting Agendas web page. Attendees of City Council or Advisory Body meetings are eligible to receive one hour of complimentary parking; restrictions apply, visit Parking for Public Meetings for more details.
INSTRUCTIONS FOR PUBLIC COMMENT:
Public Comment prior to the meeting (must be received 3 hours in advance of the meeting):
Mail - Delivered by the U.S. Postal Service. Address letters to the City Clerk's Office at 990 Palm Street, San Luis Obispo, California, 93401.
Email - Submit Public Comments via email to [email protected]. In the body of your email, please include the date of the meeting and the item number (if applicable). Emails will not be read aloud during the meeting.
Voicemail - Call (805) 781-7164 and leave a voicemail. Please state and spell your name, the agenda item number you are calling about, and leave your comment. Verbal comments must be limited to 3 minutes. Voicemails will not be played during the meeting. *All correspondence will be archived and distributed to councilmembers, however, submissions received after the deadline may not be processed until the following day.
Public Comment during the meeting:
Meetings are held in-person. To provide public comment during the meeting, you must be present at the meeting location.
Electronic Visual Aid Presentation. To conform with the City's Network Access and Use Policy, Chapter 1.3.8 of the Council Policies & Procedures Manual, members of the public who desire to utilize electronic visual aids to supplement their oral presentation must provide display-ready material to the City Clerk by 12:00 p.m. on the day of the meeting. Contact the City Clerk's Office at [email protected] or (805) 781-7114.
Pages
1. CALL TO ORDER
Mayor Erica A. Stewart will call the Regular Meeting of the San Luis Obispo City Council to order.
2. PLEDGE OF ALLEGIANCE
Mayor Erica A. Stewart will lead the Council in the Pledge of Allegiance.
3. PRESENTATIONS
3.a BLACK HISTORY MONTH PROCLAMATION
Mayor Erica A. Stewart will present a proclamation declaring the month of February as "Black History Month".
3.b MARCH SAFETY ENHANCEMENT ZONE RESPONSE PLAN
PRESENTATION
13 The Council will receive a presentation on the March Safety Enhancement Zone Response Plan from Cal Poly and City staff.
3.c CITY MANAGER REPORT
Receive a brief report from City Manager Whitney McDonald.
4. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Not to exceed 15 minutes. The Council welcomes your input. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). Staff may be asked to follow up on such items.
5. CONSENT AGENDA
Not to exceed 15 minutes. Matters appearing on the Consent Calendar are expected to be non-controversial and will be acted upon at one time. A member of the public may request the Council to pull an item for discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. The public may comment on any and all items on the Consent Agenda within the three-minute time limit.
Recommendation:
To approve Consent Calendar Items 5a to 5h.
5.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND
ORDINANCES
Recommendation:
Waive reading of all resolutions and ordinances as appropriate.
5.b MINUTES REVIEW - JANUARY 14, 2025, JANUARY 21, 2025, AND JANUARY 23, 2025 COUNCIL MINUTES
37 Recommendation:
Approve the following minutes of the City Council meeting:
• January 14, 2025 - Rescheduled Regular Meeting
• January 21, 2025 - Regular Meeting
• January 23, 2025 - Special Meeting, Community Forum
5.c AUTHORIZE EXECUTION OF FIRST AMENDMENT TO CITY/CAL
POLY WATER AND SEWER RATE AGREEMENT TO EXTEND THE
TERM OF THE AGREEMENT BY ONE YEAR WITH OPTION FOR
EXTENSION
49 Recommendation:
Authorize the City Manager to execute the First Amendment to the Agreement Between the City of San Luis Obispo and the Board of Trustees of the California State University Regarding Water and Sewer Rates, which would extend the current water and sewer service agreement with California Polytechnic State University (Cal Poly) by one year; and
1. Authorize the City Manager to approve additional extensions up to a cumulative total of three years (up until June 30, 2028).
2. 5.d AMENDMENT TO PERMANENT EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT WITH THE COUNTY OF SAN LUIS
OBISPO FOR THE BOB JONES PATHWAY
75 Recommendation:
Pursuant to a request received from the County of San Luis Obispo for its Bob Jones Pathway Project:
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the Amendment to Perpetual Easement Agreement (and
Temporary Construction Easement) Bob Jones Pathway 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”; and
1. Authorize the Mayor to sign the document entitled,
“Amendment to Perpetual Easement Agreement (and
Temporary Construction Easement) Bob Jones Pathway”; and
2. Direct staff to receive and reserve the additional funds for future open space uses in accordance with General Plan policy.
3. 5.e SURPLUS DESIGNATION OF RADIO INFRASTRUCTURE
EQUIPMENT
171
Recommendation:
Authorize the surplus designation of radio backend equipment and disposal of the equipment through a combination of transfer to California Polytechnic State University San Luis Obispo (Cal Poly), transfer to the Cal Poly Radio Club, and auction in accordance with the City’s policies and procedures as prescribed in the Financial Management Manual Section 480-A and 480-B.
5.f AUTHORIZATION TO ADVERTISE THE FINANCE AND IT OFFICE TENANT IMPROVEMENT PROJECT, SPECIFICATION NO. 2000114-
02 177
Recommendation:
Approve the Project Plans and Special Provisions for the Finance and IT Office Tenant Improvement (TI) Project,
Specification 2000114-02; and,
1. Authorize advertisement of the Finance and IT Office Tenant Improvement Project; and,
2. Authorize the City Manager to award the Construction Contract pursuant to Section 03.24.190 of the Municipal Code, for the Finance and IT Office Tenant Improvement project
Specification No. 2000114-02 if the lowest responsive bid is within the Engineer’s Estimate of $1,464,200; and
3. Authorize the City Engineer to approve Contract Change Orders up to the available project budget; and
4. Authorize the Finance Director to appropriate up to $249,000 in funding from Capital Projects Reserve Fund to award
construction contract for the Finance and IT Office Tenant Improvement Specification number 2000114-02; and
5. Authorize the Finance Director to return unspent Capital Reserve funding to the Capital Reserve Fund balance after project completion.
6. 5.g AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE FOOTHILLSANTA ROSA SEWER PIPELINE REPLACEMENT PROJECT, SPECIFICATION NO. 2000096
397
Recommendation:
Approve the project plans and specifications for Foothill-Santa Rosa Sewer Pipeline Replacement, Specification Number
2000096; and
1. Authorize $212,000 in additional funding from the Sewer Fund - Undesignated Capital Account; and
2. 3. Authorize staff to advertise for bids; and
Authorize the City Manager to award the Construction Contract pursuant to Section 3.24.190 of the Municipal Code if the lowest responsible bid is within the Engineer’s Estimate of $562,000; and
4. Authorize the City Engineer to approve Contract Change Orders up to the available project budget and any amended budget subsequently approved by the City Manager up to
$200,000; and
5. Find the project categorically exempt from the California Environmental Quality Act.
6. 5.h AUTHORIZE THE FIRE DEPARTMENT TO APPLY FOR FEMA
ASSISTANCE TO FIREFIGHTER GRANT
435
Recommendation:
Authorize the Fire Department’s previous application for funding under the Federal Emergency Management Act (FEMA)
Assistance to Firefighter Grant (AFG) Program in the amount of $2,200,000 to purchase a replacement tiller-ladder fire truck; and
1. Authorize the City Manager, or their designee, to execute the grant documents and approve the budget changes necessary to appropriate the grant amount upon notification that the grant has been awarded.
2. 6. PUBLIC HEARING AND BUSINESS ITEMS
6.a LEAD BY EXAMPLE 2025-29 WORK PROGRAM (Estimated Time: 60 minutes)
461
Recommendation:
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the Lead by Example 2025-29 Work Program”; and
1. Authorize staff to apply for grants, rebates, and incentives that fund implementation of the Lead by Example 2025-29 Work Program, authorize the City Manager to execute related
agreements and documents, and direct revenues from these sources to related Lead by Example projects.
2. 7. STUDY SESSION
7.a STUDY SESSION ON HIGUERA COMPLETE STREETS PROJECT
(Estimated Time: 90 minutes)
539
Recommendation:
Receive an update on the Higuera Complete Streets Project; and
1. Provide input on the Higuera Complete Streets Project plans, including specific input on the following features:
2. a. Limits of proposed “road diet” on Higuera Street.
Material used for vertical separation where protected bike lanes are proposed.
b.
Preferred design alternative for the Higuera Street/Los Osos Valley Road intersection; and
c.
Provide input to staff on whether to continue further planning and design efforts for a potential shared-use path on Madonna Road as a future project separate from the Higuera Complete Streets Project.
3. 8. LIAISON REPORTS AND COMMUNICATIONS
Not to exceed 15 minutes. Council Members report on subcommittee assignments, listed below, and other City activities. At this time, any Council Member or the City Manager may ask a question for clarification, make an announcement, or report briefly on their activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2) Mayor
Stewart
Vice Mayor
Shoresman
Council Member
Boswell
Council Member
Francis
Council
Member Marx
SLO Council of
Governments
Zone 9 Advisory
Committee
Airport Land Use Nacimiento Water
Project
Air Pollution
Control District
Regional
Economic Action
Coalition
Downtown
Association
Board
SLO Climate
Coalition
Community
Action
Partnership
Integrated
Waste
Management
Authority
CA Men’s
Colony Advisory
Committee
Homeless
Services
Oversight
Committee
Local Agency
Formation
Commission
County Water
Resources
Advisory
Committee
Performing Arts
Center
Commission
CP Campus
Planning
Committee
SLO Regional
Transit Authority
Visit SLO
County Advisory
Committee
Central Coast
Clean Energy
9. ADJOURNMENT
The City Council will hold a Special Meeting, the Goal-Setting Workshop, on February 8, 2025 at 8:30 a.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.
The City Council will hold a Special Closed Session Meeting on February 11, 2025 at 5:30 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo.
The next Regular Meeting of the City Council will be held on February 18, 2025 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.
LISTENING ASSISTIVE DEVICES for the hearing impaired - see the Clerk.
The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7114 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410.
City Council meetings are televised live on Charter Channel 20 and the City's YouTube Channel: www.youtube.com/CityofSanLuisObispo. Agenda related writings or documents provided to the City Council are available for public inspection in the City Clerk’s Office located at 990 Palm Street, San Luis Obispo, California during normal business hours, and on the City’s website https://www.slocity.org/government/mayor-and-city-council/agendas-andminutes. Persons with questions concerning any agenda item may call the City Clerk’s Office at (805) 781-7114.
City of San Lu is Obispo, Council Memorandu m
City of San Luis Obispo
Council Agenda Correspondence
DATE: February 4, 2025
TO: Mayor and Council
FROM: Police Chief Rick Scott
VIA: Whitney McDonald, City Manager
SUBJECT: ITEM 3B - MARCH SAFETY ENHANCEMENT ZONE PREPARATIONS
POWERPOINT
Staff received a request from a City Council to have the PowerPoints (Attachment A and B) for the March Safety Enhancement Zone Response Plan provided prior to the City Council meeting.
ATTACHMENTS
A – Cal Poly St. Patty’s Preparations PowerPoint
B – City March Safety Enhancement Zone Preparations PowerPoint
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March Safety Enhancement Zone Preparation
City Council Presentation
February 4, 2025
Safety Enhancement Zone Overview
• December 2004 - Council enacted Chapter 9.22 of the San Luis Obispo MC.• Entire City a safety enhancement zone during specific dates/times. • Protect the public health, safety, and welfare of SLO Community:
• Chapter 9.04 Possession or consumption of alcohol in public• Chapter 9.05 Social Host – minors consuming or possessing alcohol
• Chapter 9.12 Noise Control• Chapter 9.13 Unruly Gathering• Chapter 9.16 Dangerous and Deadly Weapons• Chapter 9.20 Urinating in Public
Safety Enhancement Zone Overview
Chapter 9.13 of the San Luis Obispo Municipal Code: Unruly Gatherings“conduct that causes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of an immediate neighborhood, or presents a threat to the health and safety… shall include, but is not limited to, …presence of persons on rooftop areas not designed for occupancy”
Safety Enhancement Zone Overview
• 2004
– SEZ adopted to police Mardi Gras after riot occurred in February 2004 • 2010
– Halloween & St. Patrick’s Day SEZ were added
• 2013
– Start of School SEZ was added
• 2024
– SEZ expanded dates for more coverage of St. Patrick’s Day and Halloween • During a SEZ, fines for public urination, open container, unruly gatherings, and noise are doubled
Safety Enhancement Zone Overview
Routine Fines• First Offense: $350• Second Offence (in 12 mo. Period): $700• Third and subsequent (in 12 mo. Period): $1000Safety Enhancement Zone Fines• First Offense: $700• Second Offence (in 12 mo. Period): $1000• Third and subsequent (in 12 mo. Period): $1000
Safety Enhancement Zone Overview
Chapter 9.22 of the San Luis Obispo Municipal Code: Safety Enhancement Zone “12:01 a.m. on March 17th until 7:00 a.m. on March 18th AND include the two weekends prior to St. Patrick’s Day, beginning at 12:01 a.m. on Friday and ending at 7:00 a.m. Monday morning. Should St. Patrick’s Day fall on a Friday, Saturday, or Sunday, the safety enhancement period would begin at 12:01 a.m. on Friday and end at 7:00 a.m. on Monday.”
Safety Enhancement Zone Overview
March Safety Enhancement Zone Preparation
Challenges and Lessons Learnedx Reactive approach led to difficulties in managing the situationx Growing numbers of attendees, specifically out-of-town studentsx “Pregame” damage at Cal Polyx Return to rooftop gatherings and pole climbing
March Safety Enhancement Zone Preparation
Improvements and Successesx Shifted to proactive approach.x Significant increase in both arrests and citations.x Recognized event has evolved into a destination “party”.x Successes included:
o Many known party houses and Greek houses did not host parties, reducing crowd staying power.
o Interception of alcohol before reaching the street party, reducing alcohol-fueled issues.o Significantly cut the duration of the event.
March Safety Enhancement Zone Preparation
Key Strategies for 2025x This year will be much more proactive based on resources.x Proactivity starts early:
o Low to no tolerance for behaviors the month leading up.o Increased educational efforts, including:
o Presentations to Greek life organizations, Interhousing Council, ASIo Neighborhood Canvasing beginning February 15tho Social Media paid and organic posts (state-wide ads) o Properties receiving DAC/Cite to receive SEZ handout in Feb/Marcho Messaging to Other Universities to Discourage Attendance
March Safety Enhancement Zone Preparation
General Plan for This Year The number one goal is SAFETY for entire community and responders.
Max Personnel Deployment
x Patrolx Foot Patrolx Bike Patrolx Motor Unitsx Additional assistance from other agencies x Fire and Medic Rescue
March Safety Enhancement Zone Preparation
Zero Tolerance Enforcement Effortsx Proactive Enforcementx Alcohol Violationsx Assault-Related Crimesx Administrative Violations with a Focus on Safety Enhancement Zone
March Safety Enhancement Zone Preparation
Defining Successx Early Intervention:
o Partnership with Cal Poly to end this unsanctioned event in the neighborhood.o Proactively diverting & managing crowd.o Early Deployment to address potential issues before they escalate. x Alcohol Interception:
o Preventing illegal alcohol consumption to reduce disorderly conduct.o Enforcing laws to limit excessive drinking and its associated risks. x Reduction/Elimination of Dangerous Behaviors:
o Preventing hazardous actions such as pole climbing and individuals accessing rooftops.o Minimizing incidents of property damage to maintain a safe and orderly environment. x Safety and Well-being:
o Ensuring there are no serious injuries among citizens or peace officers.o While the goal is to end the unsanctioned St. Patrick’s Day-related event, this will take time. • Current success criteria is to reduce attendance.
1 Council Minutes
January 14, 2025, 5:30 p.m.
Council Chambers, 990 Palm Street, San Luis Obispo
Council Members
Present:
Council Member Mike Boswell, Council Member Emily Francis, Council Member Jan Marx, Vice Mayor Michelle Shoresman, Mayor Erica A. Stewart
City Staff Present: City Manager Whitney McDonald, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________
1. CLOSED SESSION (4:30 - 5:30 PM)
1.a CALL TO ORDER
Mayor Erica A. Stewart called the Closed Session Meeting of the San Luis Obispo City Council to order at 4:34 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo with all members present.
1.b PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
Public Comments:
None
---End of Public Comment---
1.c CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Action: City Attorney Christine Dietrick indicated that there was no reportable action taken on this item.
1.d ADJOURNMENT
Closed Session adjourned at 5:35 p.m. The City Council held a Regular Meeting on January 14, 2025 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.
2. CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on January 14, 2025 at 5:40 p.m. in the Council Chambers, 990 Palm Street, San Luis Obispo, by Mayor Stewart.
2 3. PLEDGE OF ALLEGIANCE
Council Member Mike Boswell led the Council in the Pledge of Allegiance.
4. PRESENTATIONS
4.a NATIONAL MENTORSHIP MONTH PROCLAMATION
Mayor Stewart presented a proclamation declaring January as "National Mentorship Month" to Carole Florence on behalf of Big Brothers Big Sisters of SLO County.
4.b INTRODUCTION - ECONOMIC DEVELOPMENT AND TOURISM
MANAGER LAURA FIEDLER
Deputy City Manager Greg Hermann introduced Laura Fiedler, Economic Development and Tourism Manager.
4.c CITY MANAGER REPORT
City Manager Whitney McDonald provided a report on upcoming projects.
5. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Public Comment:
Percy Jones
Brett Cross
Kathie Walker
John Ashbaugh
--End of Public Comment--
6. CONSENT AGENDA
Council Member Marx requested that Item 6c be pulled from the Consent Agenda.
Public Comment:
None
--End of Public Comment--
Motion By Council Member Francis
Second By Council Member Boswell
To approve Consent Calendar Items 6a, 6b, 6d and 6f.
Ayes (5): Council Member Boswell, Council Member Francis, Council Member Marx, Vice Mayor Shoresman, and Mayor Stewart
CARRIED (5 to 0)
3 6.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Waive reading of all resolutions and ordinances as appropriate.
6.b MINUTES REVIEW - DECEMBER 9, 2024, DECEMBER 10, 2024 and DECEMBER 17, 2024 COUNCIL MINUTES
Approve the following minutes of the City Council meeting:
December 9, 2024 - Special Meeting
December 10, 2024 - Rescheduled Regular Meeting
December 17, 2024 - Special Meeting
6.d EXECUTE AN AGREEMENT WITH SLOCOG FOR SENATE BILL (SB) 125 GRANT FUNDS AND APPROPRIATE FUNDS TO ASSOCIATED
CAPITAL PROJECTS
1. Adopt Resolution No. 11538 (2025 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the Mayor to execute a cooperative agreement with San Luis Obispo Council of Governments for Senate Bill 125 Funds and the appropriation of funds to associated capital projects”.
2. Authorize the Finance Director to Appropriate $395,000 of SB 125 Grant Funds to Project No. 2000403 to support Battery Electric Bus Charging Infrastructure.
3. Authorize the Finance Director to Appropriate $280,000 of SB 125 Grant Funds to Project No. 2000505 to support the purchase of six Battery Electric Buses.
4. Authorize the Finance Director to return to Fund Balance $278,521 of Transit Funds currently assigned to Project No. 2000505 to be available to support future Capital or Operational expenses as directed by Council.
6.f AUTHORIZE INCREASE TO LANDSCAPE SERVICE CONTRACTS FOR
ALLWEATHER LANDSCAPE MAINTENANCE & TENNIS LANDSCAPE
1. Approve the AllWeather Landscape Maintenance contract amount of $305,582, inclusive of all prior contract scope amendments totaling $88,800, and authorize the Public Works Director and City Manager to amend the contract up to their purchasing authority in accordance with the City's purchasing policy.
4 2. Approve the Tennis Landscape contract amount of $742,395, inclusive of all prior contract scope amendments totaling $162,900, and authorize the Public Works Director and City Manager to amend the contract up to their purchasing authority in accordance with the City's purchasing policy.
Pulled by Council Member Marx
6.c COUNCIL LIAISON SUBCOMMITTEE ASSIGNMENTS FOR 2025
Public Comments:
None
---End of Public Comment---
Motion By Council Member Marx
Second By Vice Mayor Shoresman
Approve the Council Liaison Subcommittee assignments for the 2025 calendar year with the following amendment:
Change the rotation for the non-voting City Council member to attend two consecutive meeting before continuing the rotation.
Ayes (5): Council Member Boswell, Council Member Francis, Council Member Marx, Vice Mayor Shoresman, and Mayor Stewart
CARRIED (5 to 0)
6.e APPROVAL OF UPDATED OPERATING AGREEMENT FOR THE
PERFORMING ARTS CENTER
ACTION: No action taken, item was pulled from Agenda prior to the meeting.
7. PUBLIC HEARING AND BUSINESS ITEMS
7.a PRESENT THE 2024 POLICE DEPARTMENT STAFFING STUDY (30
MINUTES)
Police Chief Rick Scott and Deputy Chief Brian Amoroso provided an indepth staff report and responded to Council questions.
Public Comments:
Stew Jenkins
---End of Public Comment---
ACTION: By consensus, the Council directed staff to receive and file the 2024 San Luis Obispo Police Department staffing study final report.
5 7.b PRESENT THE 2024 PUBLIC WORKS MAINTENANCE DIVISION STAFFING STUDY (30 MINUTES)
Public Works Director Matt Horn and Deputy Director of Maintenance Operations Greg Cruce provided an in-depth staff report and responded to Council questions.
Public Comments:
None
---End of Public Comment---
ACTION: By consensus, the Council directed staff to receive and file the 2024 San Luis Obispo Police Department staffing study final report.
7.c 2025-27 BUDGET FOUNDATION (90 MINUTES)
Finance Director Emily Jackson and Principal Budget Analyst Riley Kuhn provided an in-depth staff report and responded to Council questions.
Public Comments:
Laura Albers
Carolyn Smith
Barry Price
Dona Hare Price
Stew Jenkins
Kanon Green
Rachel Whalen
Steve Walker
Kathie Walker
Darrell Voss
---End of Public Comment---
ACTION: The Council provided the following consensus comments:
Alignment on fiscal policies and the updates made, especially on the user fee cost recovery goals.
The recommended Budget Balancing Strategies look good and understand the Council would like to have a discussion with staff before any changes are made to the split between Capital and Operating regarding the use of the Local Revenue Measure funds.
Not identifying triggers at this point an just keep it a little more organic in how they are implemented.
6 Supportive of document updates and make fonts bigger on the numbers.
General support for ADP increase using unassigned fund balance and continue to look at this with the 2nd quarter budget report every year depending on financial conditions.
To leave the Community forum survey open one additional day and change the Housing station to Housing, Safety, Affordability and Livability.
8. LIAISON REPORTS AND COUNCIL COMMUNICATIONS
Mayor Stewart attended the Rodel Institute workshop.
Vice Mayor Shoresman filled in as the alternate for two Downtown SLO board meetings and provided opening remarks for the second night of Hanukkah. Council Member Marx attended the IWMA board meeting on January 8th. Council Member Francis attended the SLOCOG/RTA meeting on January 8th.
9. ADJOURNMENT
The meeting was adjourned at 11:03 p.m. The next Regular City Council Meeting is scheduled for January 21, 2025 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.
APPROVED BY COUNCIL: XX/XX/2025
1 Council Minutes
January 21, 2025, 5:30 p.m.
Council Chambers, 990 Palm Street, San Luis Obispo
Council Members
Present:
Council Member Emily Francis, Council Member Jan Marx, Vice Mayor Michelle Shoresman, Mayor Erica A. Stewart, Council Member Mike Boswell
City Staff Present: City Manager Whitney McDonald, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________
1. CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on January 21, 2025 at 5:30 p.m. in the Council Chambers, 990 Palm Street, San Luis Obispo, by Mayor Stewart.
2. PLEDGE OF ALLEGIANCE
Council Member Emily Francis led the Council in the Pledge of Allegiance.
3. PRESENTATIONS
3.a CITY MANAGER REPORT
City Manager Whitney McDonald provided a report on upcoming projects.
4. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Public Comment:
David Yohe
Paavo Ogren
--End of Public Comment--
5. CONSENT AGENDA
Public Comment:
None
--End of Public Comment--
2 Motion By Vice Mayor Shoresman
Second By Council Member Francis
To approve Consent Calendar Items 5a and 5b.
Ayes (5): Council Member Francis, Council Member Marx, Vice Mayor Shoresman, Mayor Stewart, and Council Member Boswell
CARRIED (5 to 0)
5.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Waive reading of all resolutions and ordinances as appropriate.
5.b CITY OF SAN LUIS OBISPO SUPPORT FOR SLOCOG’S PURSUIT OF SPECIAL STATE LEGISLATION TO WAIVE THE 2% BRADLEY-BURNS
SALES TAX CAP FOR A REGIONAL SALES TAX MEASURE FOR
TRANSPORTATION
Approve advocacy on behalf of the City of San Luis Obispo (City) to support legislation that would provide an exemption from the current Bradley-Burns two percent local sales tax cap for the San Luis Obispo Council of Governments (SLOCOG) to pursue a regional sales tax measure for transportation, subject to voter approval.
6. PUBLIC HEARING AND BUSINESS ITEMS
6.a ACCEPTANCE OF THE ANNUAL COMPREHENSIVE FINANCIAL
REPORT AND TRANSPORTATION DEVELOPMENT ACT REPORT FOR
FISCAL YEAR 2023-24
Finance Director Emily Jackson, Deputy Director of Finance/Controller Debbie Malicoat, and Senior Accountant Tavy Garcia provided an in-depth staff report and responded to Council questions.
Public Comments:
None
---End of Public Comment---
Motion By Council Member Marx
Second By Council Member Boswell
Review and accept the Annual Comprehensive Financial Report and Transportation Development Act Report for Fiscal Year 2023-24.
Ayes (5): Council Member Francis, Council Member Marx, Vice Mayor Shoresman, Mayor Stewart, and Council Member Boswell
CARRIED (5 to 0)
3 6.b RESOLUTION OF INTENT TO RESTATE THE SOLID WASTE,
RECYCLING, AND ORGANICS FRANCHISE AGREEMENTS AND
REVIEW THE PROPOSED 2025 SOLID WASTE RATES
Utilities Director Aaron Floyd and Solid Waste and Recycling Program Manager Meg Buckingham provided an in-depth staff report and responded to Council questions.
Public Comments:
None
---End of Public Comment---
Motion By Vice Mayor Shoresman
Second By Council Member Francis
1. Adopt Resolution No. 11539 (2025 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, declaring the City’s intent to adopt an Ordinance restating its existing franchise agreements with San Luis Garbage Company and set a Public Hearing for March 18, 2025” pursuant to the provisions of Article X of the City Charter; and
2. Direct the publication and mailing of a notice consistent with Article XIIID of the California Constitution and the Proposition 218 Omnibus Implementation Act (Proposition 218) as it relates to solid waste rates; and
3. Set a Public Hearing date of March 18, 2025, to consider the adoption of the solid waste rates if there is no majority protest in accordance with Proposition 218.
Ayes (5): Council Member Francis, Council Member Marx, Vice Mayor Shoresman, Mayor Stewart, and Council Member Boswell
CARRIED (5 to 0)
6.c REVIEW OF AN APPEAL OF THE PLANNING COMMISSION'S
DECISION TO APPROVE A CONDITIONAL USE PERMIT TO
ESTABLISH A CANNABIS RETAIL STOREFRONT, EMBARC SLO, AT
2400 BROAD STREET (USE-0266-2024, APPL-0608-2024)
ACTION: At the request of the Applicant, and with agreement from the Appellant, this item was continued to a date uncertain. The item will be renoticed when a new hearing date is determined.
4 7. LIAISON REPORTS AND COMMUNICATIONS
Mayor Stewart
SCLC - provided an update on the January 16th meeting. Attended the following events UA 403 building dedication in honor of Thomas Lane, the County Mayor's meeting.
Provided the welcome for 22nd Annual Afrikan Black Coalition Conference ABC conference
Provided a presentation at United Way San Luis Obispo County meeting Vice Mayor Shoresman
Homeless Services Oversight Committee - provided an update on January 15th meeting.
Attended the Chamber dinner on Saturday, January 20
Council Member Boswell
Attended a tour of 40 Prado Homeless Services Center.
Council Member Francis
Community Action Partnership - Provided an update on the January 18th meeting.
Council Member Marx
Attended the UA403 building dedication in honor of Thomas Lane and the Chamber annual dinner
Greeted a group of students from Barstow Community College who did their Martin Luther King Day of service volunteering to do cleanup of some of the Utility boxes.
8. ADJOURNMENT
The meeting was adjourned at 7:30 p.m. The City Council will hold a Special Meeting, the semi-annual Community Forum, on Thursday, January 23, 2025 at 5:30 p.m. at the Ludwick Community Center, 864 Santa Rosa Street, San Luis Obispo. The next Regular Meeting of the City Council will be held on February 4, 2025 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.
APPROVED BY COUNCIL: XX/XX/2025
1 Council Minutes
January 23, 2025, 6:00 p.m.
Ludwick Community Center, 864 Santa Rosa Street, San Luis Obispo Council Members
Present:
Council Member Mike Boswell, Council Member Emily Francis, Council Member Jan Marx, Vice Mayor Michelle Shoresman, Mayor Erica A. Stewart
City Staff Present: City Manager Whitney McDonald, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________
1. CALL TO ORDER
A Joint Special Meeting of the San Luis Obispo City Council and Citizens' Revenue Enhancement Oversight Commission was called to order on January 23, 2025 at 6:00 p.m. at the Ludwick Community Center, 864 Santa Rosa Street, San Luis Obispo, by Mayor Stewart.
2. COMMUNITY FORUM
2.a 2025-27 FINANCIAL PLAN PROCESS: COMMUNITY FORUM
Public Comments:
Jack Depuy
Emma Samperstien
Nicholas Depaoli
Alison Ventura
Jeff Spevack
John Ashbaugh
Maggie Payne
Jordan Chestnut
Erik Justesen
Ermina Karin
Ella Tune
Andria McGhee
Tim
Kari Howell
William Waycott
Kathryn Hicks
Greg Bettencourt
Ellie Washington
Damien Mavis
Eric Veium
Miriam Sullivan
Laura Albers
Alex Musco
Dylan Davis
Tammy Cody
Max Palmer
Janine Rands
---End of Public Comment---
2 3. ADJOURNMENT
The meeting was adjourned at 8:39 p.m. The next Regular Meeting of the City Council will be held on February 4, 2025 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.
APPROVED BY COUNCIL: XX/XX/2025
City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: February 4, 2025
TO: Mayor and Council
FROM: Aaron Floyd, Utilities Director
VIA: Whitney McDonald, City Manager
SUBJECT: ITEM 5C - AUTHORIZE EXECUTION OF FIRST AMENDMENT TO
CITY/CAL POLY WATER AND SEWER RATE AGREEMENT TO EXTEND
THE TERM OF THE AGREEMENT BY ONE YEAR WITH OPTION FOR
EXTENSION
Staff received the following questions from Council members regarding the City’s existing water and sewer rate agreement with California Polytechnic State University (Cal Poly).
The questions are below with staff’s response shown in italics:
1) Looking at the formula for calculating water and sewer rates for Cal Poly and the tables in Attachment A, can you explain how it is determined, the amount that is applicable to Cal Poly and how this is used to come up with the percentages that are then averaged to figure out what their annual rate will be? See highlighting in tables:
Item 5c. First Amendment to City/Cal Poly Water and Sewer Rate Agreement Page 2 Water Rate Structure. The University's rate structure for water is based on the current rate for City non-residential accounts but is modified by a percentage ("ratio") that accounts for that part of the rate structure that is applicable to the University (water treatment and distribution less capacity interest in the system purchased by the University – these cells are highlighted in gray in the Schedule).
The University does not pay expenses related to source of supply as the University has its own water supply from Whale Rock Reservoir. The annual ratio is determined by taking the average of these calculations for the 3 most recent fiscal years’ audited expenses + 1 current fiscal year projected expenses + 1 upcoming fiscal year projected expenses, divided by 5.
Sewer Rate Structure. The University's rate structure for sewer is also based on the current rate for City non-residential accounts as modified by a percentage ("ratio") that accounts for that part of the rate structure that is applicable to the University (collection, pretreatment, and treatment less capacity interest purchased by the University -these cells are highlighted in gray in the Schedule).
The annual ratio is determined using the 3 most recent fiscal years’ audited expenses + 1 current fiscal year projected expenses + 1 upcoming fiscal year projected expenses, divided by 5.
Anticipated Updates. A component of the current negotiations with Cal Poly includes the possibility of simplifying the water and sewer rate structures. These conversations have been initiated and will be on-going and are part of the reason the City and Cal Poly seek to extend the current agreement to allow for negotiations that ensure the City and Cal Poly’s interests are reflected in the future recommendation and alternatives to ultimately be considered by the City Council. 2) How much non-potable water does the university generally ask to use? How is the rate for that water determined?
None. Since the current Agreement was executed, the University has not requested non-potable water from the City. If requested, the University’s rate structure for short-term non-potable water would be based on all current fiscal year City expenses related to source of supply. Similar to the water and sewer rate structures, the City is seeking to update and clarify this section of the Agreement. 3) Why have we set Cal Poly water/sewer rates at the commercial level, when there are so many residential units on campus, and 4,000 more are in the works in the near term?
The University has been subject to the City’s commercial or non-residential rates since at least 1993. Although the University provides on-campus housing, rates have not been structured or split based on the type of end user within the campus (residential vs. commercial) but rather on the classification of the University as a college, as this is the underlying and primary land use. Any future changes would require an analysis of cost-of-service principles to be consistent with the City’s overall rate-setting methodology and customer classification system.
Item 5c
Department: Utilities
Cost Center: 6001 and 6101
For Agenda of: 2/4/2025
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Utilities Director
Prepared By: Julie Ridgeway, Utilities Business Manager Shawna Scott, Special Projects Manager
SUBJECT: AUTHORIZE EXECUTION OF FIRST AMENDMENT TO CITY/CAL POLY
WATER AND SEWER RATE AGREEMENT TO EXTEND THE TERM OF
THE AGREEMENT BY ONE YEAR WITH OPTION FOR EXTENSION
RECOMMENDATION
1. Authorize the City Manager to execute the First Amendment to the Agreement Between the City of San Luis Obispo and the Board of Trustees of the California State University Regarding Water and Sewer Rates, which would extend the current water and sewer service agreement with California Polytechnic State University (Cal Poly) by one year; and
2. Authorize the City Manager to approve additional extensions up to a cumulative total of three years (up until June 30, 2028).
POLICY CONTEXT
General Plan Water and Wastewater Element Program A2.3.1 addresses the collaborative nature of staff’s work with California Polytechnic State University (Cal Poly), stating that the City will “work cooperatively on regional water issues and water resource planning (Water Resource Advisory Committee, Whale Rock Commission, Groundwater Sustainability Commission, etc.).” The existing agreement to be extended related to the University’ s capacity interest in City facilities is consistent with Water and Wastewater Element Policies A5.2.5 and B2.2.3; these policies address fair share contributions to upgrades to water and wastewater facilities.
DISCUSSION
Background
The City and Cal Poly have a long-standing relationship, with the City providing water treatment and wastewater collection and treatment services to Cal Poly dating back to the 1960s. The City provides Cal Poly with water and wastewater services via agreement because the University lies outside the City limits. In April 2021, the City entered into the current water and sewer agreement (“Agreement”) with Cal Poly, supporting both parties’ water and wastewater service needs (Attachment A).
Item 5c
The Agreement, set to expire on June 30, 2025, has facilitated a long-standing relationship of providing Cal Poly with treated potable water1 and the University’s capacity interests in the City’s Water Treatment Plant, Water Resource Recovery Facility (WRRF), and wastewater collections system. Since the Agreement was executed, Cal Poly has proceeded with implementation of its 2035 Master Plan, including, but not limited to design and construction of on-campus housing and plans for the University’s own Water Reclamation Facility (wastewater treatment plant).
In anticipation of the expiration of the existing Agreement, City and Cal Poly staff have initiated negotiations on amendments to existing terms and have identified a need for additional time to comprehensively and collaboratively amend the Agreement. To allow staff and University representatives adequate time to address each party's concerns and to develop a comprehensive, mutually beneficial, long-term contract, staff recommends approving the proposed one-year extension (Attachment B) of the existing agreement.
This extension will allow both parties the time needed to establish terms that align with the City’s and University’s shared goals. As proposed, the Amendment would also allow for additional extensions up to a cumulative total of three years (up until June 30, 2028), subject to the approval of the City Manager.
All other terms of the existing Agreement would remain unchanged and in effect until replaced by the new agreement.
Previous Council or Advisory Body Action
On June 16, 2020, the City Council authorized the City Manager to enter into Agreements with the University (on behalf of the Board of Trustees of the California State University) for water and wastewater service to the University. Executed Agreements included the current Water and Sewer Rate Agreement, Capacity Interest Agreement, and a Capacity Memorandum of Understanding.
Public Engagement
This item is placed on the City Council Consent Agenda, which provides the opportunity for the public to provide comments prior to and during the public meeting.
CONCURRENCE
Cal Poly has agreed to the proposed language in the First Amendment to the Agreement.
The City Attorney’s Office has approved the form of the First Amendment to the Agreement.
1 Cal Poly has its own source of water supply from Whale Rock Reservoir.
Item 5c
ENVIRONMENTAL REVIEW
The proposed action would result in the continuance of the existing Agreement and would not result in any physical change to the environment. Furthermore, pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15273, CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates…or other charges by public agencies, because the University’s continued payment of rates and fees would not fund capital projects not otherwise evaluated under CEQA. Capital projects identified in the existing Agreement proposed to remain in effect include the Water Energy Efficiency Project and WRRF Project, both of which obtained CEQA determinations prior to construction:
The Community Development Department issued a Notice of Exemption on January 24, 2019 for the Water Energy Efficiency project per Section 15301, Class 1 – Existing Facilities.
The Final Environmental Impact Report for the Water Resource Recovery Facility Project was certified by the City Council on August 16, 2016.
FISCAL IMPACT
Budgeted: No Budget Year: 2024-2025
Funding Identified: No
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
Water and
Sewer Funds
* * * *
Total $ $ $ $
Note: The University will continue to pay for water and wastewater services pursuant to the formula identified in the existing Agreement.
ALTERNATIVES
Council could decide not to approve the agreement amendment to extend the current agreement. This alternative is not recommended, as it would limit the time available to negotiate updated agreement terms. Without the extension, there is a risk that both parties may not reach a consensus and secure approval from their respective Councils/Boards before the current agreement’s expiration on June 30, 2025, potentially leaving them without a formal agreement in place.
ATTACHMENTS
A - Current 2021 City of San Luis Obispo and Cal Poly Water and Sewer Agreement B - First Amendment to the Agreement
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO
AND THE BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY REGARDING WATER AND SEWER RATES (“Agreement”)
THIS AGREEMENT, made on _____________________________, by and between the CITY OF SAN LUIS OBISPO, CALIFORNIA (hereinafter referred to as "City"), and BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY (hereinafter referred to as "University").
WITNESSETH:
WHEREAS, the City and the University entered into a Memorandum of Understanding on March 17, 2020 agreeing to address a series of water and sewer objectives by agreement; and
WHEREAS, the City and the University agree that this Agreement is solely for the purpose of establishing appropriate water and sewer rate structures based on the Agreement Between the City of San Luis Obispo and the Board of Trustees of the California State University Regarding Capacity Interest in the Water and Sewer Systems dated, _______________________________, and the 2021 Memorandum of Understanding Between the City of San Luis Obispo and the Board of Trustees of the California State University Regarding Capacity Interest in City Facilities collectively referred to as the “Agreement”; and
WHEREAS, the City and the University entered into a new methodology of calculating rates in January 1993, and subsequently recalculated the rates in 1998, 2003, 2007, 2012; and
WHEREAS, the City and the University agreed in 1998, 2003, 2007, and 2012 to a rate structure which ties the University to the City’s approved non-residential rate structure, including monthly fixed charges, and periodic rate review, while reflecting the University’s unique differences from other City customers; and
WHEREAS, it is agreed that the University is exempt from all City Water Source of Supply costs as it has its own source of supply in Whale Rock Reservoir and as a member agency of the Whale Rock Commission pays separately for its water supply costs; and WHEREAS, it is agreed that the University will pay the City to provide water supply operational resiliency from other City water supplies to prevent service interruption when the University’s water supply from Whale Rock Reservoir is unavailable; and WHEREAS, it is agreed that the University will maintain its capacity interest in the City’s Water Treatment Plant by paying its percentage share of agreed upon capital costs for the upgrade underway in 2021 thereby adjusting their water rate; and 4/29/2021 | 9:48 AM PDT 4/29/2021 | 9:48 AM PDT DocuSign Envelope ID: 8B4520D0-4D52-43A9-96BE-665D7C6F50AD
WHEREAS, it is agreed that the University will maintain its capacity interest in the City’s Water Resource Recovery Facility (WRRF)1 by paying its percentage share of agreed upon capital costs for the upgrade underway in 2021 thereby adjusting their sewer rate; and NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows:
1. RATE STRUCTURE METHODOLOGY
Water Rate Structure
The University's rate structure for water shall be based on the current rate for City nonresidential accounts as modified by a percentage ("ratio") that accounts for that part of the rate structure that is applicable to the University.
Using only those expenses related to water treatment, water distribution, and less any capacity interest in the system purchased by the University defined in the 2021 Capacity Interest Agreement, this ratio is based on the following formula: The sum of (3 most recent fiscal years audited expenses + 1 current fiscal year projected expenses + 1 upcoming fiscal year projected expenses) divided by 5 = annual ratio. As an example, FY 2020-21 rate ratio calculation would be (2018+2019+2020+2021+2022) / 5. It shall be established as outlined in paragraph 2 and shall be recalculated annually by the City and provided to the University 30-days prior to its Annual Partnership Meeting as described in part 6 of this agreement. The calculation of the current ratio for water charges is shown in Schedule A to thisagreement.
Sewer Rate Structure
The University's rate structure for sewer shall be based on the current rate for City nonresidential accounts as modified by a percentage ("ratio") that accounts for that part of the rate structure that is applicable to the University.
Using expenses divided appropriately according to operational, capital, and debt service expenses for three components: collection, pretreatment, and treatment less any capacity interest in the system purchased by the University defined in the 2021 Capacity Interest Agreement, this ratio is based on the following formula: The sum of (3 most recent fiscal years audited expenses + 1 current fiscal year projected expenses + 1 upcoming fiscal year projected expenses) divided by 5 = annual ratio. As an example, FY 2020-21 rate ratio calculation would be (2018+2019+2020+2021+2022) / 5. It shall be established as outlined in paragraph 3 and shallbe recalculated annually by the City and provided to CalPoly 30-days prior to its Annual Partnership Meeting as described in part 6 of this agreement. The calculation of the current ratio for sewer charges is shown in Schedule B to this agreement.
2. SETTING A WATER RATE RATIO
The ratio to be applied to the non-residential water rate structure shall be determined by the City. The City shall prepare a five-year analysis of the expenses for the City's water system.
These expenses shall be divided according to Operational, Capital, and Debt Service for three components: Source of Supply, Treatment, and Distribution. The division of expenses in this manner will therefore appear as a matrix (three columns labeled Source of Supply, Treatment, and Distribution; five rowslabeled Operations and Maintenance, Capital Outlay, Debt Service – 2018 WTP, Debt Service – 2019 WTP, and Debt Service -Other). 1 The City’s Water Resource Recovery Facility (WRRF), was referred to in prior agreements as the Water Reclamation Facility (WRF).
DocuSign Envelope ID: 8B4520D0-4D52-43A9-96BE-665D7C6F50AD
The University's rate structure will be based only on those expenses related to water treatment and distribution, less any capacity interest in the system purchased by the University under separate agreement. The University shall not pay the percentage cost of those components related to those Source of Supply costs as the University has its own source of supply from Whale Rock Reservoir, except as described below related to shortterm non-potable water.
Schedule A sets forth this analysis for the period beginning with the execution of this Agreement and extending until June 30, 2021 and shall serve as an example for determining any changes to the ratio in subsequent annual periods. Schedule A to this Agreement shows the current five-year expense analysis and related percentages as described above and provides a step-by-step description of the ratio-setting method.
3. OTHER WATER CHARGES
Operational Resiliency for Potable Water
The City will charge the University for water supply operational resiliency2 based on the historical duration of Whale Rock outages (five days). The operational resiliency cost for 2020-21 is $137,0003. In the event of a longer than the agreed upon five-day duration Whale Rock outage, the University would be charged the respective per acre-foot water supply pumping cost. The annual water supply operational resiliency cost will increase consistent with any approved water rate increase. Outages in excess of 30 days will require City Council approval.
Short -Term Non-Potable Delivery
If requested, the University’s rate structure for short-term non-potable water4 will be based on all current fiscal year City expenses related to Source of Supply. The University will make its annual request for short-term non-potable water to the City in writing 30-days prior to its Annual Partnership Meeting. Short-term requests will be considered for a rolling period no longer than five years5. The provision of short-term non-potable water to the University will be interruptible during any declared City water shortage emergency and will only be made available following the City’s established policies and procedures.
4. SETTING A SEWER RATE RATIO
The ratio to be applied to the non-residential sewer rate structure shall be determined by the City. The City shall prepare a prospective five-year analysis of the expenses for the City's sewer system. These expenses shall be divided according to Operational, Capital, and Debt Service expenses for three components: Collection, Pretreatment, and Treatment. The University’s rate structure will be based on the expenses for these components less any capacity interest in the system purchased by the University under separate agreement. The division of expenses in this manner will therefore appear as a matrix (three columns labeled Collection, Pretreatment, and Treatment; four rows labeled Operations and Maintenance, Capital Outlay, Debt Service – WRRF, and Debt Service – Other). 2 The City charges the University for Water Supply Operational Resiliency which provides the University source water from a City water supply source if the University’s Whale Rock water supply is unavailable. 3 Water delivered to Cal Poly from another City water supply source in-lieu of Whale Rock water is accounted for under the Whale Rock Operating Policy, executed on May 13, 2014 by the Whale Rock participating agencies. 4 Short-term non-potable water is untreated (raw) water provided by a City water supply source for non-potable purposes, such as agricultural irrigation.
5 As used here, the rolling five-year contract period would extend each year unless notice is given that non-potable water is no longer needed by the University or no longer available from the City.
DocuSign Envelope ID: 8B4520D0-4D52-43A9-96BE-665D7C6F50AD
Schedule B sets forth this analysis for the period beginning with the execution of this Agreement extending until June 30, 2021 and shall serve as an example for determining any changes to the ratio in subsequent annual periods. Schedule B to this Agreement shows the current five-year expense analysis and related percentages as described above and provides a step-by-step description of the ratio-setting method.
5. OTHER SEWER CHARGES
If requested, the University’s rate structure for short-term wastewater collection system and wastewater treatment capacity will be based on City expenses related to wastewater collection and treatment, including financing costs. The University will make its annual requests for short-term wastewater collection system and wastewater treatment capacity to the City in writing 30-days prior to its Annual Partnership Meeting. Short-term requests will be considered for a rolling period no longer than five years6. The City retains the right to deny any requests.
6. ANNUAL PARTNERSHIP MEETING
It is the intent of both parties to participate annually, no later than March each year, with information shared 30-days prior to the meeting, to review and discuss in good faith the following water and sewer rate and service issues.
City to provide:
A. Prior fiscal year’s rate analysis compared to actual expenses, B. Sewer meter calibration report,
C. Water consumption and rate trends,
D. Data related to peak day water demand, dry weather daily wastewater flow, and peak wastewater flow,
E. Status of City WTP and City WRRF projects and any planned projects, F. Availability for short-term non-potable water, and available capacity for water treatment, wastewater collection system, and wastewater treatment, and G. Any major assumptions significantly changing the water and sewer rate ratios.
University to provide:
A. Progress on planned development, enrollment projections, planned Utility Master Plan improvements, and planned water service connections, locations, and required water and wastewater service for the coming year,
B. Annual efforts to reduce inflow and infiltration into its wastewater collection system (feet of sewer pipe replaced, etc.),
C. Request for additional water treatment capacity, if projections of peak daily water demand exceed WTP capacity interest,
D. Request for short-term non-potable water,
E. Request for short-term wastewater collection system and/or WRRF treatment capacity (if projections of average daily dry weather flow or peak flow exceed capacity interest), and
F. Status of campus water reclamation facility and campus water storage projects. 6 As used here, the rolling five-year contract period would extend each year unless notice is given that short-term wastewater capacity is no longer needed by the University or no longer approved by the City.
DocuSign Envelope ID: 8B4520D0-4D52-43A9-96BE-665D7C6F50AD
7. AMENDMENTS TO THE RATIO
Exceeding Capacity Interest
The City will inform the University in writing when water demand from the WTP or wastewater flows to the wastewater collection system or WRRF are within ten percent of the University’s capacity interest. If the University exceeds its capacity interest in the WTP, wastewater collection system, or WRRF, at the discretion of the partners, a Partnership Meeting will be held within 30 days of the exceedance for the City and University develop terms to mitigate the exceedance.
Resetting the Rate Ratio
In the event the City and University cannot reach agreement on the proposed applicable rate ratio for the next year, the rate ratio in existence at that time shall remain in effect until agreement is reached. The parties agree to cooperate and use their best efforts to reach agreement on the proposed rate ratio in an expeditiousmanner.
8. TERM OF AGREEMENT
This Agreement shall remain in place until June 30, 2025 as long as all conditions described (other than the five-year ratio) remain the same.
9. AMENDMENTS TO THIS AGREEMENT
Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties.
10. COMPLETE AGREEMENT
This written Agreement, including the Memorandum of Understanding between the City of San Luis Obispo and California Polytechnic State University Regarding Capacity Interest in City Facilities dated _______________________________, attached hereto as Attachment A, specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto.
11. NOTICE
The City shall provide the University with at least the same notice of proposed changes in water and sewer rates as other City customers. All notices related to this agreement shall be in writing and addressed as follows:
University
Dennis Elliot
Interim Associate Vice President
Facilities & Development
Cal Poly State University
San Luis Obispo, CA 93407
University
Dru Zachmeyer
Assistant Vice President
Strategic Business Services
Administration & Finance
Cal Poly State University
San Luis Obispo, CA 93407
City
Aaron Floyd
Utilities Director
City of San Luis Obispo
879 Morro St.
San Luis Obispo, CA 93401
4/29/2021 | 9:48 AM PDT DocuSign Envelope ID: 8B4520D0-4D52-43A9-96BE-665D7C6F50AD
12. JOINT WORK PRODUCT
This agreement is the joint work product of both parties; accordingly, in the event of ambiguity no presumption shall be imposed against either party by reason of document preparation.
13. RELATIONSHIP OF PARTIES
City and the agents and employees of City in the performance of this agreement shall act in an independent capacity and not as officers or employees or agents of University. The employees of University who participate in the performance of this agreement are not agents of the City.
14. AUTHORITY TO EXECUTE AGREEMENT
Both City and University do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
ATTEST: CITY OF SAN LUIS OBISPO,
A Municipal Corporation
, By: ,
Teresa Purrington, City Clerk Derek Johnson, City Manager APPROVED AS TO FORM:
,
J. Christine Dietrick, City Attorney
CONCUR: UNIVERSITY:
__________________________, By: ______________________________, Dennis Elliot, Director Dru Zachmeyer,
Interim Associate Vice President Assistant Vice President Facilities Management & Development Strategic Business Services Administration & Finance
DocuSign Envelope ID: 8B4520D0-4D52-43A9-96BE-665D7C6F50AD
SCHEDULE A. WATER
Steps to setting Cal Poly’s appropriate share of the Non-Residential Water Rate Annually the City shall prepare a rolling five-year schedule of expenses related to the City’s provision of water service. The schedule will include actual expenses for the three most recent audited fiscal years and projected expenses for both the current and next fiscal year. These expenses shall be divided appropriately according to operational, capital, or debt service. Each of these categories will be further divided according to whether it is a source of supply, treatment, or distribution expense. The information for each year will be shown in a matrix, at the bottom and right of which will appear the totals for that row and that column. Expenses applicable to Cal Poly will be shaded.
The percentage of the shaded expenses to the total expenses will be calculated each year on the line labeled “Percent Applicable to Cal Poly”.
The five annual percentages will be totaled and then divided by five to determine the average percentage of the rate applicable to Cal Poly, based on the five-year schedule of expenses. This is the percentage of the Non-residential rate that will be charged to Cal Poly for the upcoming year. Each year, the oldest year will be moved out of the schedule, the most recent audited fiscal year expenses will be added and a new year of projected expenses will be added after which a new five year average will be calculated. This “rolling average” will determine each new year’s ratio.
Formula: (3 most recent fiscal years audited expenses) + (1 current fiscal year projected expenses) + (1 upcoming fiscal year projected expenses) divided by 5 = annual ratio The Non-Residential Water Rate itself will be set by the City Council each year.
DEFINITIONS:
Operations and Maintenance
The portion of the budget that pertains to daily operations and delivery of basic governmental services related to provision of water service. The six water program budgets in the City’s financial plan form the Water Fund’s operating budget.
Capital Outlay
The portion of the budget that pertains to maintaining or replacing existing public facilities and assets, and for building or acquiring new ones as set forth in the City's capital improvement plan. For the purpose of the Cal Poly ratio-setting model, any project that is debt-financed will not show in the Capital Outlay expense category, it will show in the Debt Service category.
Debt Service
Payments of principal and interest on bonds and other debt instruments according to a pre-determined schedule. Debt financed capital expenses are not included in the Capital Outlay category.
Source of Supply
Those water expenses directly related to the City’s water supply from Whale Rock, Salinas, and Nacimiento Reservoirs, and recycled water. It also includes water conservation expenses, as this has been the key to reducing City water demand, effectively creating more water by reducing the need to create additional water supply. Development of new water supply projects fall into this category.
Distribution
The cost to deliver potable water from the Water Treatment Plant to customers and fire hydrants via the distribution infrastructure.
Treatment
The cost to treat raw water from the City’s sources to meet potable water standards and deliver it into the water distribution system.
DocuSign Envelope ID: 8B4520D0-4D52-43A9-96BE-665D7C6F50AD
SCHEDULE A. WATER
Water Rate
Cal Poly State University
NOTE: Expenses applicable to Cal Poly’s water rate are shaded.
Water Rate Percentage for FY 2020-21 (5-year Average): 54+46+44+47+52 / 5 = 48% Summary of Water Cost Components for 2017-18
Source
of Supply Treatment Distribution Total
Operation & Maintenance $ 9,126,710 $ 4,107,968 $ 3,454,283 $ 16,688,961 Capital Outlay $ 67,310 $ 856,246 $ 2,445,339 $ 3,368,895 Debt Service - 2006 WTP $ 1,033,548 $ 1,033,548
Debt Service - Other $ 525,457 $ 569,600 $ 65,427 $ 1,160,484 Total $ 9,719,477 $ 6,567,362 $ 5,965,049 $ 22,251,888
Total applicable to Cal Poly $ 5,997,762 $ 5,965,049 $ 11,962,811 Percent applicable to Cal Poly 91% 100% 54%
Summary of Water Cost Components for 2018-19
Source
of Supply Treatment Distribution Total
Operation & Maintenance $ 9,238,768 $ 2,390,373 $ 2,390,373 $ 14,019,513 Capital Outlay $ 50,385 $ 1,053,014 $ 2,141,604 $ 3,245,003 Debt Service - 2018 WTP (Refunded
2006 WTP) $ 898,802 $ 898,802
Debt Service - Other $ 525,457 $ 571,600 $ 74,669 $ 1,171,726 Total $ 9,814,610 $ 4,913,789 $ 4,606,645 $ 19,335,044
Total applicable to Cal Poly $ 4,342,189 $ 4,606,645 $ 8,948,835 Percent applicable to Cal Poly 88% 100% 46%
Summary of Water Cost Components for 2019-20
Source
of Supply Treatment Distribution Total
Operation & Maintenance $ 11,165,554 $ 4,121,628 $ 3,596,769 $ 18,883,952 Capital Outlay $ 305,157 $ 856,246 $ 2,141,604 $ 3,303,008 Debt Service - 2018 WTP $ 883,900 $ 883,900
Debt Service - Other $ 2,960,804 $ 567,800 $ 28,111 $ 3,556,715 Total $ 14,431,515 $ 6,429,575 $ 5,766,484 $ 26,627,575 Total applicable to Cal Poly $ 5,861,775 $ 5,766,484 $ 11,628,259 Percent applicable to Cal Poly 91% 100% 44%
Summary of Water Cost Components for 2020-21
Source
of Supply Treatment Distribution Total
Operation & Maintenance $ 11,078,031 $ 4,821,694 $ 2,808,168 $ 18,707,892 Capital Outlay $ 1,215,505 $ 229,149 $ 2,556,663 $ 4,001,318 Debt Service - 2018 WTP $ 892,300 $ 892,300
Debt Service - Other $ - $ 568,400 $ 28,410 $ 596,810
Total $ 12,293,536 $ 6,511,543 $ 5,393,241 $ 24,198,320 Total applicable to Cal Poly $ 5,943,143 $ 5,393,241 $ 11,336,384 Percent applicable to Cal Poly 91% 100% 47%
Summary of Water Cost Components for 2021-22
Source
of Supply Treatment Distribution Total
Operation & Maintenance $ 10,246,096 $ 4,339,308 $ 3,800,232 $ 18,385,635 Capital Outlay $ 150,000 $ 232,003 $ 1,945,181 $ 2,327,184 Debt Service - 2018 WTP $ 889,700 $ 889,700
Debt Service - 2019 WTP $ 958,524 $ 958,524
Debt Service - Other $ - $ 573,200 $ 28,747 $ 601,947
Total $ 10,396,096 $ 6,992,735 $ 5,774,160 $ 23,162,991 Total applicable to Cal Poly $ 6,419,535 $ 5,774,160 $ 12,193,695 Percent applicable to Cal Poly 52% DocuSign Envelope ID: 8B4520D0-4D52-43A9-96BE-665D7C6F50AD
SCHEDULE B. SEWER
Steps to setting Cal Poly’s appropriate share of the Non-Residential Sewer Rate Annually the City shall prepare a rolling five-year schedule of expenses related to the City’s provision of wastewater service. The schedule will include actual expenses for the three most recent audited fiscal years and projected expenses for both the current and next fiscal year. These expenses shall be divided appropriately according to operational, capital or debt service. Each of these categories will be further divided according to whether it is a collection, pretreatment, or a treatment expense. The information for each year will be shown in a matrix, at the bottom and right of which will appear the totals for that row and that column. Expenses applicable to Cal Poly will be shaded.
The percentage of the shaded expenses to the total expenses will be calculated each year on the line labeled “Percent Applicable to Cal Poly”.
The five annual percentages will be totaled and then divided by five to determine the average percentage of the rate applicable to Cal Poly, based on the five-year schedule of expenses. This is the percentage of the Non-residential rate that will be charged to Cal Poly for the five-year period.
Formula: (3 most recent fiscal years audited expenses) + (1 current fiscal year projected expenses) + (1 upcoming fiscal year projected expenses) divided by 5 = annual ratio The Non-Residential Sewer Rate itself will be set by the City Council each year.
DEFINITIONS
Operations and Maintenance
The portion of the budget that pertains to daily operations and delivery of basic governmental services. The four sewer program budgets in the City’s financial plan form the Sewer Fund’s operating budget.
Capital Outlay
The portion of the budget that pertains to maintaining or replacing existing public facilities and assets, and for building or acquiring new ones as set forth in the City's capital improvement plan. For the purpose of the Cal Poly ratio-setting model, any project that is debt-financed will not show in the Capital Outlay expense category, it will show in the Debt Service category.
Debt Service
Payments of principal and interest on bonds and other debt instruments according to a pre-determined schedule. Debt financed capital expenses are not included in the Capital Outlay category.
Collection
Those sewer expenses directly related to the collection and transportation of wastewater from its various sources to the Water Resource Recovery Facility.
Pretreatment
The cost of the program whose goal is to prevent toxic waste from entering the wastewater collection system at non-residential and industrial sources.
Treatment
The cost to treat and dispose of municipal wastewater. All disposal must strictly comply with the State Health and Regional Water Quality board’s requirements for discharge into San Luis Obispo Creek or disposal of biosolids.
DocuSign Envelope ID: 8B4520D0-4D52-43A9-96BE-665D7C6F50AD
SCHEDULE B. SEWER
Sewer Rate
Cal Poly State University
NOTE: Expenses applicable to Cal Poly’s sewer rate are shaded.
Sewer Rate Percentage for FY 2020-21 (5-year Average): 100+100+100+100+100 / 5 = 100% Summary of Sewer Cost Components for 2017-18
Collection Pretreatment Treatment Total
Operations and Maintenance 1,428,200 366,300 5,917,900 7,712,400 Capital Outlay - Adjusted 1,790,400 0 7,075,500 8,865,900 Debt Service - Prepaid 0
Debt Service - Other 782,950 0 618,363 1,401,313
Total 4,001,550 366,300 13,611,763 17,979,613
Percent Applicable to Cal Poly 22% 2% 76% 100%
Summary of Sewer Cost Components for 2018-19
Collection Pretreatment Treatment Total
Operations and Maintenance 1,751,800 421,300 7,157,700 9,330,800 Capital Outlay - Adjusted 4,058,800 0 3,515,700 7,574,500 Debt Service - Prepaid 0 0 0 0
Debt Service - Other 780,505 0 618,177 1,398,682
Total 6,591,105 421,300 11,291,577 18,303,982
Percent Applicable to Cal Poly 36% 2% 62% 100%
Summary of Sewer Cost Components for 2019-20
Collection Pretreatment Treatment Total
Operations and Maintenance 1,549,100 409,600 6,381,500 8,340,200 Capital Outlay - Adjusted 1,065,700 35,500 497,300 1,598,500 Debt Service - Prepaid 0 0 0 0
Debt Service - Other 737,011 0 618,177 1,355,188
Total 3,351,811 445,100 7,496,977 11,293,888
Percent Applicable to Cal Poly 30% 4% 66% 100%
Summary of Sewer Cost Components for 2020-21
Collection Pretreatment Treatment Total
Operations and Maintenance 1,639,600 402,700 6,603,500 8,645,800 Capital Outlay - Adjusted 2,479,800 0 300,500 2,780,300 Debt Service - Prepaid 0 0
Debt Service - Other 739,468 617,787 1,357,255
Total 4,858,868 402,700 7,521,787 12,783,355
Percent Applicable to Cal Poly 38% 3% 59% 100%
Summary of Sewer Cost Components for 2021-22
Collection Pretreatment Treatment Total
Operations and Maintenance 1,639,100 401,300 6,773,300 8,813,700 Capital Outlay - Adjusted 8,135,759 0 55,000 8,190,759
Debt Service - WRRF 0 0
Debt Service - Other 736,576 617,584 1,354,161
Total 10,511,435 401,300 7,445,884 18,358,620
Percent Applicable to Cal Poly 57% 2% 41% 100%
WRRF Construction Costs Begin
WRRF Debt Service Begins
DocuSign Envelope ID: 8B4520D0-4D52-43A9-96BE-665D7C6F50AD
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
THE BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY
REGARDING CAPACITY INTEREST IN THE WATER AND SEWER SYSTEMS THIS AGREEMENT, dated ________________________________ by and between the CITY OF SAN LUIS OBISPO, CALIFORNIA (hereinafter referred to as "City"), and the BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY (hereinafter referred to as "University").
WITNESSETH:
WHEREAS, the City and the University entered into a Memorandum of Understanding on March 17, 2020 agreeing to address a series of water and sewer objectives by agreement including fair share contributions to the City’s Water Treatment Plant and Water Resource Recovery Facility; and
WHEREAS, the City and the University have a long-standing relationship participating on the Whale Rock Commission related to the operation of Whale Rock Reservoir,
WHEREAS, the City and the University also have a long relationship with regard to the City’s Water Treatment Plant, Wastewater Collection System, and Water Resource Recovery Facility; and
WHEREAS, it is the desire of both parties to continue that relationship; and WHEREAS, the City is upgrading both its Water Treatment Plant and Water Resource Recovery Facility; and
WHEREAS, the University is interested in maintaining a capacity interest in the City's Water Treatment Plant and Water Resource Recovery Facility; and NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows:
1. WATER SYSTEM
It is agreed that the University will maintain its capacity interest in the City’s Water Treatment Plant equivalent to a maximum of 1,000 acre-feet per year at a daily volume not to exceed 893,000 gallons daily, and not to exceed a peak day maximum flow rate of 1.44 million gallons daily (mgd).
A. Water Treatment Plant
The City’s Water Energy Efficiency project at its Water Treatment Plant will ensure continuing compliance with drinking water quality regulations as well as modernize certain components of the facility. The University agrees to pay the percentage obtained by the division of 1.44 mgd (University's maximum flow rate) by 16.0 mgd (total maximum daily plant flow rate), or 9.0 percent, of the total project cost. The cost to the University for project design totals $261,180 and will be charged during the 2020-21 fiscal year. The construction cost to the University is $1,548,180 plus 2.5 percent annual interest for a 4/29/2021 | 9:48 AM PDT DocuSign Envelope ID: 8B4520D0-4D52-43A9-96BE-665D7C6F50AD
term not to exceed 20 years which will be finalized by letter when project construction is complete, subject to the total contribution ceiling noted in paragraph three of this agreement. The estimated annual payment is $86,267.16 for 20 years beginning in the 2021-22 fiscal year. The City will communicate with Cal Poly on future terms when refinancing or prepaying debt.
B. Water Distribution System and Treated Water Storage
As of 2021, the University has not purchased a capacity interest in the City’s water distribution or treated water storage system outside of the Water Treatment Plant. Prior to the University adding demand to the City’s water distribution or treated water storage system, the University will identify water service needs, design, and construct necessary pipelines and storage, including University capital contributions to City systems, to mitigate all impacts to the City’s water distribution or treated water storage system. New service cannot be provided to the University that could adversely affect downstream City customers.
2. SEWER SYSTEM
It is agreed that the University will maintain its capacity interest in the City’s Water Resource Recovery Facility equivalent to a total daily volume of 0.471 mgd. The University’s current capacity interest in the wastewater collection system is a peak flow rate of 833 gallons per minute (1.2 mgd), required due to infiltration and inflow and wet weather peak flows.7 A. Water Resource Recovery Facility
The upgrades to the Water Resource Recovery Facility are mandatory to meeting regulatory discharge requirements. The total daily flow capacity of the plant will expand from 5.1 mgd to 5.4 mgd. The University agrees to pay the percentage obtained by the division of 0.471 mgd (University's interest) by 5.1 mgd (existing plant capacity), or 9.24 percent, or by the division of 0.471 (University’s interest) by 5.4 mgd (future plant capacity), or 8.72 percent, of the total project cost, as detailed in Attachment 1. The cost to the University for project design totals $730,704. The City will charge the University $243,568 over three consecutive fiscal years beginning in the 2020-21 fiscal year to cover the University’s share of the design costs. The estimated construction cost to the University is $13,997,193 plus 1.8 percent annual interest for a term not to exceed 30 years, which will be refined upward or downward by letter when project construction is complete, subject to the total contribution ceiling noted in paragraph three of this agreement. The estimated annual payment is $472,533.97 for 30 years beginning in the 2023-24 fiscal year. The City will communicate with Cal Poly on future terms when refinancing or prepaying debt.
B. Wastewater Collection System
No upgrades are planned at this time to the relief sewer main (i.e., sewer interceptor), therefore, there is no additional cost at this time for the University to maintain its capacity interest in the City’s wastewater collection system at the peak flow rate of 1.2 mgd level. 7 The University’s total daily flow capacity to the City’s Water Resource Recovery Facility (0.471 million gallons daily) is measured over a 24-hour period (a calendar day). The University’s peak flow rate to the City’s Wastewater Collection System (1.2 million gallons daily) is the highest recorded flow rate allowed under this Agreement.
DocuSign Envelope ID: 8B4520D0-4D52-43A9-96BE-665D7C6F50AD
3. RECEIPT OF FUNDS
To maintain a capacity interest in the City's Water Treatment Plant and Water Resource Recovery Facility, the University's contribution for the construction will not exceed $15,545,373 plus applicable financing. Exercising this option will be reflected in the percentage ratio of the non-residentialrate structure as set forth in the Agreement between the City and the University regarding water and sewer rates following execution of this Agreement regarding capacity interest. The adjusted water ratio is described in Exhibit A of that Agreement; and the adjusted sewer ratio is described in Exhibit B of that Agreement.
4. NOTICE
All notices related to this agreement shall be in writing and addressed as follows:
University:
Dennis Elliot, Interim Associate Vice President
City:
Aaron Floyd, Utilities Director
Facilities & Development
Cal Poly State University
San Luis Obispo, CA 93407
City of San Luis Obispo
879 Morro Street
San Luis Obispo, CA 93401
Dru Zachmeyer, Assistant Vice President
Strategic Business Services
Administration & Finance
Cal Poly University
San Luis Obispo, CA 93407
5. AGREEMENT CONTAINS ALL UNDERSTANDINGS
This document represents the entire and integrated Agreement between the City and the University, and supersedes all prior negotiations, representations, or Agreements, either written or oral, except as described the 2021 Memorandum of Understanding by and between the parties. This document may be amended only by written instrument, signed by both City and University. All provisions of this Agreement are expressly made conditions. This Agreement shall be governed by the laws of the State of California.
DocuSign Envelope ID: 8B4520D0-4D52-43A9-96BE-665D7C6F50AD
IN WITNESS WHEREOF, CITY and UNIVERSITY have executed this Agreement the day and year first above written.
ATTEST: CITY OF SAN LUIS OBISPO,
A Municipal Corporation
, By: ,
Teresa Purrington, City Clerk Derek Johnson, City Manager APPROVED AS TO FORM:
_________________________,
J. Christine Dietrick, City Attorney
CONCUR: UNIVERSITY:
__________________________, By: ______________________________, Dennis Elliot, Director Dru Zachmeyer,
Interim Associate Vice President Assistant Vice President Facilities Management & Development Strategic Business Services Administration & Finance
DocuSign Envelope ID: 8B4520D0-4D52-43A9-96BE-665D7C6F50AD
ATTACHMENT 1: 2021 Water Resource Recovery Facility Project Cost Facility ID Description
Capacity
Related A Estimated Cost B
Capacity
Percentage C Cal Poly Share D
CalPolyShare+
Contingency E
5 Site Work No $7,917,752 9.24% $731,600 $804,760.36
6 Yard Piping No $8,556,058 9.24% $790,580 $869,637.72
7 Landscape Yes $1,112,303 8.72% $96,993 $106,692.13
9 Site Electrical No $6,325,651 9.24% $584,490 $642,939.19 11 Air Gap Building No $179,106 9.24% $16,549 $18,204.37 14 Equalization Pond Yes $2,893,797 8.72% $252,339 $277,573.01 15 Headworks No $679,338 9.24% $62,771 $69,047.95
16 Ferric Chloride Facility No $96,566 9.24% $8,923 $9,814.92 17 Vactor Truck Facility Yes $717,211 8.72% $62,541 $68,794.89 20 Primary Clarifiers No $1,916,038 9.24% $177,042 $194,746.12 64 Filtrate Equalization Pump Station No $350,320 9.24% $32,370 $35,606.53 22 Sludge Pump Station No $612,707 9.24% $56,614 $62,275.51 27 Primary Effluent Diversion Box Yes $498,587 8.72% $43,477 $47,824.44 28 Primary Effluent Screens Yes $3,531,853 8.72% $307,978 $338,775.38 29 Calcium Hydroxide Facility No $35,450 9.24% $3,276 $3,603.10 30 Bioreactor 1 & 2 Modifications Yes $4,868,143 8.72% $424,502 $466,952.29 35 Bioreactor 3 & 4 Yes $7,812,882 8.72% $681,283 $749,411.65 36 Chemical Storage Yes $1,558,325 8.72% $135,886 $149,474.52 40 MBR Yes $23,320,401 8.72% $2,033,539 $2,236,892.82
44 Switchgear Building No $3,893,354 9.24% $359,746 $395,720.46 51 Chemical Storage Yes $118,951 8.72% $10,373 $11,409.79 53 UV Area Electrical Building Yes $1,480,284 8.72% $129,081 $141,988.83 54 UV Disinfection Yes $6,160,467 8.72% $537,193 $590,911.97 55 Chlorine Contact Basin No $25,545 9.24% $2,360 $2,596.44 100 Mobilization No $5,799,597 9.24% $535,883 $589,471.06 68 Effluent Cooling Yes $4,299,648 8.72% $374,929 $412,422.27 92 Headworks Electrical Enclosure No $1,251,923 9.24% $115,678 $127,245.45 70 Sludge Blend Tank No $1,016,841 9.24% $93,956 $103,351.72 72 Thickening No $2,522,050 9.24% $233,037 $256,341.12
73 Solids Electrical Building No $1,471,744 9.24% $135,989 $149,588.06 80 Digester No. 1 No $595,791 9.24% $55,051 $60,556.15
82 Digester No. 2 No $2,027,191 9.24% $187,312 $206,043.68 83 Digester Building No $2,687,269 9.24% $248,304 $273,134.05 84 Cogeneration No $46,701 9.24% $4,315 $4,746.67
85 Digested Sludge Storage Tank No $1,259,220 9.24% $116,352 $127,987.08 86 Dewatering Building No $745,590 9.24% $68,893 $75,781.81 88 Odor Control Facility No $1,523,675 9.24% $140,788 $154,866.37 90 MCC-A Building No $276,264 9.24% $25,527 $28,079.46
91 MCC-B Building No $179,438 9.24% $16,580 $18,238.05
94 MCC-G Building No $32,244 9.24% $2,979 $3,277.25
97 MCC-J Building No $79,219 9.24% $7,320 $8,051.78
98 PG&E Revenue Meter Switchgear No $380,531 9.24% $35,161 $38,677.17 Total Construction Cost F $110,856,024.40 $9,939,557.82 $10,933,514 Program Soft Costs G $30,989,858.00 9.24% $2,863,462.88 $3,063,679 $12,803,021 $13,997,193
ATTACHMENT 2: 2021 Water Energy Efficiency Project
Design WTP Backup
Generator Construction Total Cost
Total Project Cost $ 902,000 $ 2,000,000 $ 14,300,000 $ 17,202,000 Cal Poly Share (9.0%) $ 81,180 $ 180,000 $ 1,287,000 $ 1,548,180 City Share (91.0%) $ 820,820 $ 1,820,000 $ 13,013,000 $ 15,653,820 DocuSign Envelope ID: 8B4520D0-4D52-43A9-96BE-665D7C6F50AD
2021 MEMORANDUM OF UNDERSTANDING (“MOU”) BETWEEN
THE CITY OF SAN LUIS OBISPO (“City”) AND THE BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY (“University”)
REGARDING CAPACITY INTEREST IN CITY FACILITIES
This MOU was made by and between theCity and the University on _________________.
Recital
This MOU documents the University’s capacity interest (referenced in prior agreements as an “equity interest”) in the City’s Water Treatment Plant, potable water distribution system and treated water storage, wastewater collection system and wastewater treatment facility (Water Resource Recovery Facility or WRRF). This 2021 MOU replaces prior agreements regarding the University’s capacity interest in City facilities including the May 1, 2007 MOU, and the 1993 Agreement between the City of San Luis Obispo and California Polytechnic State University Regarding Water and Sewer Rates dated January 5, 1993, exhibit A, the Agreement between the City of San Luis Obispo and California Polytechnic State University Regarding Optional Equity Interest in the Water and Sewer Systems dated January 5, 1993, exhibit B, and the Memorandum of Understanding between the City of San Luis Obispo and California Polytechnic State University dated January 6, 1993, exhibit C.
Capacity
The City and University agree to communicate in the planning of its facilities to ensure that adequate capacity in the City’s Water Treatment Plant, potable water distribution system, treated water storage system, wastewater collection system, and wastewater treatment facility (Water Resource Recovery Facility) is available to meet the University’s current and projected needs. The University agrees to provide the City with its development, demand, and population projections annually in its partnership meetings1 which shall include an analysis of the University’s water treatment, potable water distribution and storage system, and wastewater collection system and treatment capacity needs as planned and projected for the next five years. The City shall consider the University’s projections in its own master planning to better understand the University’s capacity needs in future facility upgrades and expansions.
Capacity Interest
The University maintains a capacity interest2in the City’s Water Treatment Plant, wastewater collection system, and Water Resource Recovery Facility to serve current and projected University needs. The University has done so by financially participating in required facility upgrades and expansions via capital contribution based on the University’s desired capacity percentage share of the facilities. Maintenance of said capacity interest, through fair share capital contributions, ensures that the City maintain available capacity to serve the University’s needs up to the amount of the capacity interest. As set forth in the 2021 Water and Sewer Rate Agreement, these capital contributions are reflected in the University’s water and sewer rates. 4/29/2021 | 9:48 AM PDT DocuSign Envelope ID: 8B4520D0-4D52-43A9-96BE-665D7C6F50AD
The University’s capacity interest in the City’s Water Treatment Plant shall be calculated as 1,000 acre-feet annually (893,000 gallons daily; peak day maximum flow rate of 1.44 million gallons). As the City’s Water Treatment Plant can treat up to 16 million gallons daily, the University’s capacity share is 9.0 percent of the facility. Maintenance of this capacity interest is subject to future capital contributions at 9.0 percent under separate agreement.
As of 2021, the University has not purchased a capacity interest in the City’s water distribution or treated water storage system outside of the Water Treatment Plant. Prior to the University adding demand to the City’s water distribution or treated water storage system, the University will identify water service needs, design, and construct necessary pipelines and storage, including University capital contributions to City systems, to mitigate all impacts to the City’s water distribution or treated water storage system. New service cannot be provided to the University that could adversely affect downstream City customers.
With prior payments to the City in 1993, the University’s capacity interest in the City’s wastewater collection system is a peak flow rate of 1.2 million gallons per day.
Maintenance of this capacity interest is subject to future capital contributions.
With prior payments to the City in 1993, the University’s capacity interest in the City’s Water Resource Recovery Facility shall be calculated as a maximum totalized dry weather flow of 0.471 million gallons per day3. As the City’s Water Resource Recovery Facility can discharge up to 5.1 million gallons of treated effluent daily (up to 5.4 million gallons daily in 2022), the University’s capacity share is 9.24 percent of the facility (reducing to 8.72 percent in 2022). Maintenance of this capacity interest is subject to future capital contributions at 8.72 percent under separate agreement.
Authority to Execute Memorandum of Understanding
Both the City and University agree that each individual executing this MOU on behalf of each party is a person duly authorized and empowered to execute agreements for such party.
The parties hereto have caused this MOU to be executed the day and year first above written.
UNIVERSITY CITY OF SAN LUIS OBISPO,
A Municipal Corporation
By: By :
Dru Zachmeyer, Assistant Vice President Derek Johnson, City Manager Strategic Business Services
1 The Annual Partnership Meeting between the City and the University is defined in Part 4 of the “Agreement Between the City of San Luis Obispo and the Board of Trustees of the California State University Regarding Water and Sewer Rates” executed in 2021.
2 Terms related to University capacity in the City’s water and sewer systems are defined in the “Agreement Between the City of San Luis Obispo and the Board of Trustees of the California State University Regarding Capacity Interest in the Water and Sewer Systems” executed in 2021.
3 In the City of San Luis Obispo, dry weather wastewater flows occur between April and November. Wet weather flows occur from December through March.
DocuSign Envelope ID: 8B4520D0-4D52-43A9-96BE-665D7C6F50AD
FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND THE BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY REGARDING WATER AND SEWER RATES (“Agreement”)
THIS FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN
LUIS OBISPO AND THE BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY REGARDING WATER AND SEWER RATES (“Agreement”) is made and entered in the City of San Luis Obispo on ____________________________, by and between the CITY OF SAN LUIS OBISPO, CALIFORNIA (hereinafter referred to as “City”), and BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY (hereinafter referred to as “University”).
WITNESSETH:
WHEREAS, on April 29, 2021, the City entered into the Agreement with the University to address a series of water and sewer objectives by agreement; and WHEREAS the Agreement is set to remain in place until June 30, 2025; and WHEREAS the City and University are actively working on negotiating a new agreement and both parties desire to extend the term of the current Agreement as stipulated below while these negotiations take place.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
1. The Agreement shall be extended and remain in effect until June 30, 2026.
2. Additional extensions of the Agreement may be authorized in writing by the City of San Luis Obispo City Manager and Cal Poly Cal Poly Vice President of Strategic Business Services, not to exceed a total of three years (up until June 30, 2028).
3. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, this First Amendment is executed on the date above stated, at San Luis Obispo, California.
CITY OF SAN LUIS OBISPO UNIVERSITY
Whitney McDonald, City Manager Dru Zachmeyer, Assistant Vice President Strategic Business Services
Administration & Finance
ATTEST CONCUR
Teresa Purrington, City Clerk Mike McCormick, Vice President Facilities Management & Development
Administration & Finance
APPROVED AS TO FORM:
J. Christine Dietrick, City Attorney
City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: February 4, 2025
TO: Mayor and Council
FROM: Greg Hermann, Deputy City Manager
Prepared By: Robert Hill, Sustainability & Natural Resources Official VIA: Whitney McDonald, City Manager
SUBJECT: ITEM 5D - AMENDMENT TO PERMANENT EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT WITH THE COUNTY OF
SAN LUIS OBISPO FOR THE BOB JONES PATHWAY
This Council Agenda Correspondence provides an update to the Council Agenda Report pertinent to the overall status of the County of San Luis Obispo’s Bob Jones Pathway Project.
The first sentence of the third paragraph under the “Background” sub-heading states: “At present, the County is seeking approval from the [California Transportation Commission] CTC at its January 30-31, 2025, meeting to phase the project and move forward with the proposed “Caltrans right-of-way alignment” proposal that will avoid property where the County has been unable to secure necessary right-of-way…” However, City staff have been apprised by County staff that this item has been moved to the March 20-21 CTC meeting. This will allow both the City Council and the County Board of Supervisors the opportunity to consider and take action on the proposed easement amendments (as well as action required by other easement grantors) prior to consideration by the CTC.
There was also another item pertinent to the County’s Bob Jones Pathway Project that was on the January 30-31 meeting agenda, which was the introduction of deprogramming State Transportation Improvement Program (STIP) funds administered by the San Luis Obispo Council of Governments (SLOCOG) from the Prado Overpass project to a suite of other local projects, including $5,730,000 for the “Bob Jones Trail Extension Segment
2.” We understand that this item is also scheduled for final approval at the March 20-21 CTC meeting.
All other aspects of this Council Agenda Report and listed attachments remain unchanged.
Item 5d
Department: Administration
Cost Center: 1005
For Agenda of: 2/4/2025
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Robert Hill, Sustainability & Natural Resources Official SUBJECT: AMENDMENT TO PERMANENT EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT WITH THE COUNTY OF SAN LUIS
OBISPO FOR THE BOB JONES PATHWAY
RECOMMENDATION
Pursuant to a request received from the County of San Luis Obispo for its Bob Jones Pathway Project:
1. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the Amendment to Perpetual Easement Agreement (and Temporary Construction Easement) Bob Jones Pathway 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”; and
2. Authorize the Mayor to sign the document entitled, “Amendment to Perpetual Easement Agreement (and Temporary Construction Easement) Bob Jones Pathway”; and
3. Direct staff to receive and reserve the additional funds for future open space uses in accordance with General Plan policy.
POLICY CONTEXT
There are three areas of pertinent City policy applicable to evaluating the request from the County of San Luis for the amendment to the easements necessary for them to complete their 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.”
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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 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-C) 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.”
3. Staff’s recommendation to receive the additional offered payment funds and hold them for future open space uses is supported by policy found in the Conservation and Open Space Element of the General Plan (2006), Appendix C: Management of Open Space Lands, paragraph 13: “When compatible with the primary purpose of the open space, the City should use revenue from open space lands … to fund open space maintenance. Such revenues may also be used to acquire open space.”
DISCUSSION
Amendment Request
This request is to amend the existing Perpetual Easement Agreement (and Temporary Construction Easement) for the Bob Jones Pathway that was approved by the City Council on April 2, 2024, and recorded as Document No. 2024026814 with the San Luis Obispo County Clerk-Recorder on September 23, 2024 (Attachment C), which encumbers a portion of the City’s Filipponi Ecological Reserve property. The key components of the amendment are as follows:
1. Amend the Legal Description and Plats describing and depicting the permanent easement area. This is required because a small, linear, 0.16-acre area of additional land is needed due to a design change in the pathway that is necessary
Item 5d
to avoid a major utility conflict. This area is along the same basic alignment of the existing easement and does not conflict with or preclude any existing or planned City use.
2. The temporary construction easement must have a “date certain” term, which has been amended to reflect a term from 3/15/25 to 3/15/29.
3. New Title XI (Civil Rights Act of 1964) language has been added due to federal requirements.
4. Additional compensation is offered to the City in the amount of $16,000 due to the additional year that has been added to the term of the temporary construction easement and the additional 0.16 acres that has been added to the permanent easement.
The proposed Amendment (Attachment B) has been negotiated by the City and County and will subsequently be reviewed and considered for approval by the Board of Supervisors prior to recordation.
Background
The Bob Jones Pathway (sometimes also referred to as the Bob Jones Trail and the Cityto-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 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 that is overseen by the California Transportation Commission (CTC).
At present, the County is seeking approval from the CTC at its January 30-31, 2025, meeting to phase the project and move forward with the proposed “Caltrans right-of-way alignment” proposal that will avoid property where the County has been unable to secure necessary right-of-way, as detailed in County Board of Supervisors’ agenda report from October 29, 2024 (Attachment D). On January 14, 2025, the County Board of Supervisors approved a resolution of support for the project and also approved a budget adjustment in the amount of $5 million from their Capital Projects Fund to the Bob Jones Pathway Project (Attachment E).
Item 5d
Previous Council Action
The City Council approved the purchase of this property by adoption of Resolution No. 8987 (1999 Series) and the acquisition was completed on April 12, 2000. On June 19, 2021, Council approved a “Conceptual Restoration and Enhancement Plan” and since that time has also approved several restoration and mitigation projects conducted by others upon the property. On April 2, 2024, the City Council approved the existing permanent and temporary construction easements for the Bob Jones Pathway, as discussed above.
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.
General Plan Conformity
California Government Code Section 65402 requires that the Planning Commission make a finding that an acquisition or disposal of real property for public purposes, such as contemplated herein, is consistent with the General Plan. 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.
CONCURRENCE
The City Engineer and the Transportation Manager in the Public Works Department have reviewed the amended easement legal description and plats and have provided their concurrence.
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 Draft Environmental Impact Report was certified by the County Board of Supervisors on February 24, 2015 (SCH # 2010031121).
FISCAL IMPACT
Budgeted: No Budget Year: 2024-25
Funding Identified: N/A
Item 5d
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
The County of San Luis Obispo will make an additional lump sum payment in the amount of $16,000 to the City of San Luis Obispo as “good and valuable consideration” for the amended easements. The County previously paid $67,700 for the existing easements, and total payment will, therefore, be $83,700. Per Conservation and Open Space Element policy, as discussed above, this revenue should be reserved for future open space maintenance or acquisition purposes.
ALTERNATIVES
Council may request changes prior to approval or may decide not to approve the recommendations contained in this Council Agenda Report. A decision not to approve, however, is not recommended by staff because this request is in furtherance of a long-standing community project of regional significance and is consistent with numerous City goals and policies.
ATTACHMENTS
A - Draft Resolution authorizing the Amendment to Perpetual Easement Agreement (and Temporary Construction Easement) Bob Jones Pathway
B - Draft Amendment to Perpetual Easement Agreement (and Temporary Construction Easement) Bob Jones Pathway
C - Perpetual Easement Agreement (and Temporary Construction Easement) Bob Jones Pathway, Document No. 2024026814, County Clerk-Recorder D - County of San Luis Obispo Board of Supervisors, Agenda Report, October 29, 2024 E - County of San Luis Obispo Board of Supervisors, Agenda Report, January 14, 2025
R ______
RESOLUTION NO. _____ (2025 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE AMENDMENT TO
PERPETUAL EASEMENT AND A TEMPORARY CONSTRUCTION
EASEMENT 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 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 requested 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, the County of San Luis now requests an Amendment to the permanent and temporary construction easement in order to append the legal description and plat to add a small, linear area of additional land to avoid a utility conflict, provide a “date certain” term for the temporary construction easement, and add Title XI (Civil Rights Act of 1964) due to federal requirements; and
WHEREAS, the County of San Luis Obispo has identified the specific easement areas needed for the project, as amended, prepared an appraisal to determine the fair market value of the easements, as amended, set forth a satisfactory form of amendment of the easement agreement, and has made an offer to pay the fair market value for the easements, as amended, in total.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
Resolution No. _____ (2025 Series) Page 2
R ______
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 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).
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 easements, based on the following findings:
a) The sale of the permanent and temporary construction easements, as amended, 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, as amended, 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 (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 sale of the permanent and temporary construction easements, as amended, 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 easements will not significantly impair or interfere with the conservation purposes of the property and the EEMP grant. The proposed use is consistent with City goals and policies and does not conflict with any existing or planned City use of the property.
Resolution No. _____ (2025 Series) Page 3
R ______
d) The appraisal methodology and valuation represents fair market value for the permanent and temporary construction easements, as amended, and the additional offered sum of $16,000.00 is just compensation.
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 _______________ 2025. ___________________________
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
RECORDING REQUESTED BY:
County of San Luis Obispo
AND WHEN RECORDED RETURN TO:
Director of Public Works
County of San Luis Obispo
976 Osos Street, Room 206
San Luis Obispo, CA 93408
APN(s): 076-061-075, 076-061-078 SPACE ABOVE THIS LINE FOR RECORDER'S USE and 076-121-018 [San Luis Obispo County] No recording fee per Government Code 6103 R/W Parcel No. 22-12.01,03,07 No Documentary Transfer Tax per R&T Code 11922 No BUILDING HOME AND JOBS ACTS Fee per Government
Code 27388.1(a)(2)
AMENDMENT
TO PERPETUAL EASEMENT AGREEMENT
(AND TEMPORARY CONSTRUCTION EASEMENT)
BOB JONES PATHWAY
This Amendment No. 1 executed this ____ day of _____________________, 20______, hereby amends
PERPETUAL EASEMENT AGREEMENT (AND TEMPORARY CONSTRUCTION EASEMENT) BOB JONES PATHWAY (“Agreement”), recorded September 23, 2024, as Document No. 2024026814 in the Official Records of San Luis Obispo County, by and between the County of San Luis Obispo, a political subdivision of the State of California (“County”), and City of San Luis Obispo, a California Charter Municipal Corporation (“Grantor”), as set forth herein.
WHEREAS, the Grantor granted the County the Agreement for the Bob Jones Pathway “Gap Closure” Project WBS 320096 (“Project”); and
WHEREAS, the parties desire to amend the Agreement to:
(a) amend the payment amount;
(b) amend the term and include specific term language;
(c) include Title VI language; and
(d) append Exhibits B and B1.
NOW, THEREFORE, the County and Grantor hereby agree as follows:
1. The amount shown in clause 2.A. of the Agreement is amended to $83,700.
2. Clause 10 of the Agreement is deleted in its entirety and replaced with the following:
“10. Temporary Construction Easement. In addition to the Easement, Grantor hereby further grants to County a Temporary Construction Easement (“TCE”) on the Property within that certain area depicted on the Right of Way Map attached as Exhibit “D” attached hereto and made a part hereof, for the purpose of all reasonable construction and construction support activities related to the Project including, but not limited to the stockpiling of materials, soil, and
equipment. The TCE shall commence on March 15, 2025 and shall terminate on March 15, 2029 or upon the project’s Construction Contract Acceptance date, whichever shall occur first. The amount shown in clause 2.A. herein includes, but is not limited to, full payment for said TCE, including severance damages, if any. Prior to commencing utilization of the TCE, at the County’s expense, an existing conditions inventory will be prepared for the TCE area and agreed upon by Grantor and County that it is representative of the condition of the TCE. Upon completion of Project construction, the TCE area shall be generally restored to the condition that existed prior to construction in accordance with the documentation in the existing conditions inventory, to the extent reasonably practical.”
3. Clause 18 and 19 of the Agreement are added:
“18. Title VI. The parties to this Agreement shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-NonDiscrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21 and 28 C.F.R. Section 50.3.
19. Anti-Discrimination. No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this Agreement.”
4. Append Exhibit B and Exhibit B1 of the Agreement with Exhibit B and Exhibit B1 attached hereto.
5. All provisions of the Agreement not affected by this Amendment No. 1 shall remain unchanged and in full force and effect.
6. This Amendment No. 1 may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same agreement. [SIGNATURES ON THE FOLLOWING PAGE]
IN WITNESS WHEREOF, this Amendment is hereby entered into by the parties hereto, upon the date shown signed by the County of San Luis Obispo.
GRANTOR: City of San Luis Obispo, a California Charter Municipal Corporation By: ___________________________ ___ Dated: _____________, 20___ Printed Name: _Erica A. Stewart__________
Title: __Mayor___________________________
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 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.
State of California
County of San Luis Obispo
On _________________________, 20__ before me, ____________________________________, Notary Public, personally (date) (name)
appeared ______________________________________________________________ who proved to be me on a 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.
Signature ______________________________
Signature of Notary Public
Place Notary Seal Above
COUNTY OF SAN LUIS OBISPO
Dated: _____________, 20___
Chairperson of the Board of Supervisors
County of San Luis Obispo
ATTEST:
MATT PONTES
Ex-Officio Clerk of the Board of Supervisors
_________________________________
Deputy Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
RITA L. NEAL
County Counsel
By: ____________________________ Dated: _____________________, 20___ Deputy County Counsel
G:\RightOfWay\Common\Bob Jones Trail 320096\_Owners\22-12.01,03,07 City of SLO\Amendment\Amendment Easement Agreement-SLO.docx
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 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.
State of California
County of San Luis Obispo
On ________________________, 20__ before me, _____________________________________, Notary Public, personally (date) (name)
appeared _________________________________________________________________ who proved to be me on a 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.
Signature ______________________________
Signature of Notary Public
Place Notary Seal Above
EXHIBIT B
LEGAL DESCRIPTION
PERMANENT EASEMENT
File no: 0019-0101-01 December 19, 2024
That portion of Government Lot 1 of Section 16, all in Township 31 South, Range 12 East, Mount Diablo Base Meridian, in the County of San Luis Obispo, State of California, according to the official plat of said land thereof approved by the Surveyor’s General’s Office on June 12, 1872 lying southeasterly of the southeasterly sideline of the Grant of Easement according to the PERPETUAL EASEMENT
AGREEMENT, (AND TEMPORARY CONSTRUCTION EASEMENT), BOB JONES PATHWAY recorded on September 23, 2024 as Document Number 2024026814 of Official Records in the County Recorder’s Office of said County and lying northwesterly of a line lying 15.00 feet southeasterly of and parallel and concentric with the following described line:
COMMENCING at a found 2” brass cap station 655+31.04 99.07’ left shown on the State of California Division of Highways Coordinate Control Map S.L.O.-101 PLM
24.8 to 27.9 sheet 2 of 2 ref data = F.B. Doc. 3077 on file at the District 5 Office from which a found 1.25” diameter iron pipe, no tag, shown as a 1.25” diameter iron pipe tagged RCE 6923 (S.M. #26) on Parcel Map No. CO 72-183, according to the map recorded March 11, 1973 in Book 10, Page 94 of Parcel Maps of said county, shown as station “ER” 551+06.14, 320.61’ left on the State of California Division of Highways Right of Way Map 05-SLO-101 Old SLO-2-E dated 1947 sheet 24 of 32 on file at the District 5 Office bears South 24° 44' 55" West 9916.90 feet [South 24° 44' 35" West 9916.86 feet calculated from data shown on said Coordinate Control Map and said Right of Way Map]:
Thence South 22° 48' 02" West, 3487.46 feet to the beginning of non-tangent curve to the left having a radius of 121.00 feet to which a radial line bears South 31° 41' 09" East;
Thence along the arc of said curve through a central angle of 30° 38' 32" a distance of 64.71 feet to the beginning of a reverse curve to the right having a radius of 200.00 feet;
Thence along the arc of said curve through a central angle of 24° 38' 02" a distance of 85.99 feet;
Thence South 52° 18' 21" West, 142.55 feet to the TRUE POINT OF BEGINNING; Thence South 54° 36' 42" West, 115.58 feet;
Thence South 51° 32' 52" West, 380.87 feet to the beginning of a tangent curve to the left having a radius of 100.00 feet;
Thence along the arc of said curve through a central angle of 31° 47' 18" a distance of 55.48 feet to the POINT OF TERMINATION;
The bearings and distances of this legal description are based upon the California Coordinate System of 1983, CCS83, Zone 5 projection, (2010.00) in accordance with the California Public Resources Code Sections 8801-8819; and are based locally upon field-observed ties to the following National Geodetic Survey (NGS) Continuously Operating Reference Stations (CORS) with the published station values as tabulated below:
CORS
Station
Northing
(sFT)
Easting
(sFT)
NAD 83(2011) Ellipsoid
Height (sFT) Accuracy
P513 2,163,030.39 5,767,197.37 935.70 Not Published
P523 2,309,259.76 5,708,342.54 137.74 Not Published
The Combined Scale Factor, Convergence Angle and the values used to calculate them are shown below:
Northing
(sFT)
Easting
(sFT)
Elevation
(sFT)
NAD 83(2011)
Ellipsoid Height
(sFT)
Convergence
Angle
Combined
Scale Factor
2,276,161.70 5,756,930.66 61.952 -52.836 -1°32'09.24" 0.99996 All coordinates and distances shown, unless otherwise noted, are in terms of the U.S.
Survey Foot (sFT). As used in tables above, Elevation refers to derived California Orthometric Heights (“COH88”) or equivalent of the point where the mapping angle and combination factor were calculated in terms of the North American Vertical Datum of 1988 (“NAVD88”) and Height refers to the vertical value of the California
Geodetic Coordinate or equivalent ellipsoid height used to calculate the combination factor.
Distances shown hereon or inversed from coordinates shown hereon are in reference to CCS83. To approximate local ground distances, divide by the Combined Scale Factor provided hereon.
Containing 0.16 acres more or less.
The above described land is graphically shown on Exhibit B1, being 5 sheets, attached hereto and made a part hereof.
End of Description
______________________________
Clayton L. Bradshaw, P.L.S. 8298
Date Signed: December 19, 2024
CITY OF SAN LUIS OBISPO PORTION LOT 6 A MB 38
MALLI FAMILY TRUST
076-081-024 PARCEL 4
73PM58 US 101 US 101
SOUTH HIGUERA STREET S 24° 44' 55" W 9916.90' S 22° 48' 02" W 3487.46' 54/DDS/200
CITY OF SAN LUIS OBISPO
LOT 1
SEC 16 T31S R12E MDM
MAINO TRUST
PARCEL 1
44PM27
US HIGHWAY 101
0 600' 1,200'
(IN FEET)
300'
GRAPHIC SCALE
1 IN = 600 FT
N
FOUND 1.25" DIAMETER PIPE, NO
TAG, SHOWN AS 1.25" DIAMETER
IRON PIPE TAGGED RCE 6923 ON
PARCEL MAP NO. CO 72-183
(10/PM/94) AND AT "ER" STATION
551+06.14, LEFT 320.61' OF STATE
OF CALIFORNIA, DIVISION OF
HIGHWAYS, RIGHT OF WAY MAP
05-SLO-101, OLD SLO-2-E, DATED
1947, SHEET 24 OF 32
POINT OF COMMENCEMENT
FOUND 2" BRASS CAP STATION
655+31.04 99.07' LEFT SHOWN ON
THE STATE OF CALIFORNIA
DIVISION OF HIGHWAYS
COORDINATE MAP S.L.O. -101 PLM
24.8 TO 27.9 SHEET 2 OF 2 REF
DATA =F.B. DOC 3077 ON FILE AT
THE DISTRICT 5 OFFICE
SHEET 2
EXHIBIT B1
POR. OF LOT 1 SEC 16 T31S R12E MDM
COUNTY OF SLO, CA
SHEET 1 OF 5 OF EXHIBIT B1
0019-0101
076-061-075 078 CITY SLO 2ND
CLB
2024-12-18
1" = 600' T 805 544-4011 SAN LUIS OBISPO, CA 93401
612 CLARION COURT www.wallacegroup.us F 805 544-4294 DRAWING :
DRAWN BY:
JOB No. :
DATE :
SCALE : ®
SOUTH HIGUERA STREET
CITY OF SAN LUIS OBISPO
1708-OR-653
POR. LOT 1
S16 T31S R12E MDM
CITY OF SAN LUIS OBISPO
LOT 1
SEC 16 T31S R12E MDM
15.00'
15.00'
HIGHWAY 101
EXHIBIT B1
POR. OF LOT 1 SEC 16 T31S R12E MDM
COUNTY OF SLO, CA
SHEET 2 OF 5 OF EXHIBIT B1
0019-0101
076-061-075 078 CITY SLO 2ND
CLB
2024-12-18
1" = 100' T 805 544-4011 SAN LUIS OBISPO, CA 93401
612 CLARION COURT www.wallacegroup.us F 805 544-4294 DRAWING :
DRAWN BY:
JOB No. :
DATE :
SCALE : ®
0 100' 200'
(IN FEET)
50'
GRAPHIC SCALE
1 IN = 100 FT
N
LEGEND
LEGAL DESCRIPTION AREA
0.16 ACRES MORE OR LESS
GRANT OF EASEMENT
DESCRIBED IN THE PERPETUAL
EASEMENT AGREEMENT
DOCUMENT NO. 2024026814
TRUE POINT OF BEGINNING
SHEET 3
SHEET 4
SHEET 5
POINT OF TERMINATION
SOUTH HIGUERA STREET
CITY OF SAN LUIS OBISPO
LOT 1
SEC 16 T31S R12E MDM
RADIAL
S 31° 41' 09" E
S 22° 48' 02" W 3487.46' (TIE)
15.00'
S 54° 36' 42" W
115.58'
R=121.00'
∆=30° 38' 32"
L=64.71'
R=200.00'
∆=24° 38' 02"
L=85.99'
S 52° 18' 21" W 142.55'
EXHIBIT B1
POR. OF LOT 1 SEC 16 T31S R12E MDM
COUNTY OF SLO, CA
SHEET 3 OF 5 OF EXHIBIT B1
0019-0101
076-061-075 078 CITY SLO 2ND
CLB
2024-12-18
1" = 50' T 805 544-4011 SAN LUIS OBISPO, CA 93401
612 CLARION COURT www.wallacegroup.us F 805 544-4294 DRAWING :
DRAWN BY:
JOB No. :
DATE :
SCALE : ®
0 50' 100'
(IN FEET)
25'
GRAPHIC SCALE
1 IN = 50 FT
N
POINT OF COMMENCEMENT
SEE SHEET 1
FOR DESCRIPTION
LEGEND
LEGAL DESCRIPTION AREA
0.16 ACRES MORE OR LESS
GRANT OF EASEMENT
DESCRIBED IN THE PERPETUAL
EASEMENT AGREEMENT
DOCUMENT NO. 2024026814
TRUE POINT OF BEGINNING
SOUTH HIGUERA STREET
SOUTH HIGUERA STREET
CITY OF SAN LUIS OBISPO
1708-OR-653
POR. LOT 1
S16 T31S R12E MDM
CITY OF SAN LUIS OBISPO
LOT 1
SEC 16 T31S R12E MDM
15.00'
15.00'
15.00'
S 54° 36' 42" W
115.58'
S 51° 32' 52" W 380.87'
S 52° 18' 21
0 50' 100'
(IN FEET)
25'
GRAPHIC SCALE
1 IN = 50 FT
N
EXHIBIT B1
POR. OF LOT 1 SEC 16 T31S R12E MDM
COUNTY OF SLO, CA
SHEET 4 OF 5 OF EXHIBIT B1
0019-0101
076-061-075 078 CITY SLO 2ND
CLB
2024-12-18
1" = 50' T 805 544-4011 SAN LUIS OBISPO, CA 93401
612 CLARION COURT www.wallacegroup.us F 805 544-4294 DRAWING :
DRAWN BY:
JOB No. :
DATE :
SCALE : ®
LEGEND
LEGAL DESCRIPTION AREA
0.16 ACRES MORE OR LESS
GRANT OF EASEMENT
DESCRIBED IN THE PERPETUAL
EASEMENT AGREEMENT
DOCUMENT NO. 2024026814
SOUTH HIGU
CITY OF SAN LUIS OBISPO
1708-OR-653
POR. LOT 1
S16 T31S R12E MDM
SOUTH HIGUERA STREET
15.00'
15.00'
S 51° 32' 52" W 380.87'
R=100.00'
∆=31° 47' 18"
L=55.48'
0 50' 100'
(IN FEET)
25'
GRAPHIC SCALE
1 IN = 50 FT
N
EXHIBIT B1
POR. OF LOT 1 SEC 16 T31S R12E MDM
COUNTY OF SLO, CA
SHEET 5 OF 5 OF EXHIBIT B1
0019-0101
076-061-075 078 CITY SLO 2ND
CLB
2024-12-18
1" = 50' T 805 544-4011 SAN LUIS OBISPO, CA 93401
612 CLARION COURT www.wallacegroup.us F 805 544-4294 DRAWING :
DRAWN BY:
JOB No. :
DATE :
SCALE : ®
LEGEND
LEGAL DESCRIPTION AREA
0.16 ACRES MORE OR LESS
GRANT OF EASEMENT
DESCRIBED IN THE PERPETUAL
EASEMENT AGREEMENT
DOCUMENT NO. 2024026814
POINT OF
TERMINATION
RECORDING REQUESTED BY
County of San Luis Obispo
WHEN RECORDED MAIL TO:
Director of Public Works
County of San Luis Obispo
976 Osos Street, Room 206
San Luis Obispo, CA 93408
2@24A26814
Elaina Cano
San Luis Obispo - Coun
09/?3/2024 02:15 PlI
CONFORIIED COPY
Coov of document recorded.
iiE'n"t been compared with original
COPY FOR YOUR
RECORDS
ty Clerk-Recorder
RAIV Parcel No. 22-12.01, 03, 07 (SPACE ABOVE FOR RECORDER',S USE) No recording fee per Government Code 6103
No Documentary Transfer Tax per Revenue and Taxation Code 11922 No BUILDING HOME AND JOBS ACTS Fee per Government Code
27388.1(a)(21
PERPETUAL EASEMENT AGREEMENT
(AND TEMPORARY CONSTRUCTTON EASEMENT)
BOB JONES PATHWAY
,4
RECORDING REQUESTED BY:
County of San Luis Obispc
Department of Parks and Recreation
AND WHEN RECORDED RETI]RN TO
County of San Luis Obispo
Department of Parks and Recreation
I 144 Monterey Street
San Luis cA 93408
APN(s): 07 6-061-07 5, 076-06 l -078
and076-121-018 [San Luis Obispo County]
SPACE ABOVE THIS LINE FOR RECORDER'S USE
No recording fee per Govemment Code g 6 103
No Documentary Transfer Tax per Revenue and
Taxation Code $ 11922
PERPETUAL EASEMENT AGREEiVTENT
(AND TEMPORARY CONSTRUCTION EASEMENT)
BOB JONES PATHWAY
THIS PERPETUAL EASEMENT ACREEMENT ("Agreemenf') is entered into by and between City of San Luis Obispo, a Califomia Charter Municipal Corporation, hereafter referred to as "Grantor," and the County of San Luis Obispo, a public entify in the State of California, hereafter refered to as
o'County." Grantor and County are sometimes individually referred to herein aso'Party" or collectively as "Parties."
RECITALS
A. Grantor is the cwner of certain real properly situated in an unincorporated area of San Luis Obispo, in San Luis Obispo County, California (hereafter referred to as the "Property" or the "Servient Tenement"), and more particularly described in Exhibit "A" which is attached to this Agreement and hereby incorporated by reference.
B. County needs to obtain certain properfy interests from Grantor for the Bob Jones Pathway "Gap Closure" Project WBS 320096 ("Project").
NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:
l. Crant of Easernent: faction of Condition. Granfor hereby grants to County, its successor and assigns, and County hereby accepts, a non-exclusive, perpetual easement ("Easement") in, on, over, upon, under and across that certain real properry situated in the County of San Luis Obispo, State of California, described in Exhibit o'8" and depicted in Exhibit "Bl" attached hereto and incorporated here in (hereinafter, "Easement Area") for the purposes of and subject to all the limitations, terms and conditions of this Agreement (hereinafter, the 'oEasement").
2. The COUNTY shall:
A. Pay the undersigned Grantor the sum of $67,700.00 for the subject property interests conveyed by this Agreement when title vests in the County free and
clear of all liens, encumbrances, assessments, easements, leases (recorded and/or unrecorded), and all taxes, except:
I) Taxes for the fiscal year in which this Agreement is entered which shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the time the Agreement is entered.
2) Prior easements, rights of way over said land for public, public utility or quasi-public utility purposes, if any.
3) Matters affecting title to the Property
B, Pay any escrow and recording fees incurred in this transaction, and if title insurance is desired by the COtAITY, the premium charged therefor.
C. Have the authority to deduct and pay lrom the amount shown in Paragraph 2(a) above, any amounf necessary to satisfy any delinquent taxes due in any fiscal year except the fiscal year in which this escrow closes, together with penalties and interest thereon, and/or delinquent or non-delinquent assessments or bonds except those which title is to be taken subject to, in accordance with the terms of this agreement.
3. Characler qf Easementl intent. The Easement is non-exclusive, in gross to the public, and the burdens run with the Servient Tenement.
4. Pgrpqsq ol Easement. The purpose of the Easement is lor the construction, reconstruction, maintenance, repait and use (including emergency use) of the Easement Area as a public multi-use pathway for the Project ("Pathway") for the uses, and subject to the limitations specified in Paragraph 5 beiow.
5. Public Uses and Restrictions of Easement. Aii sections of the Pathway within the Easement Area, shail be open for public use daily between one-half hour prior to sunrise until one-half hour after sunset, or such other hours as otherwise established by County ordinance, for the following authorized purposes onl-rr and for no other uses except as specitically set forth in this Agreement: The Pathway shall be varying widths, together with any necessary Puthway junctions, for pedestrian and bicycling use; excluding, however, any motor driven equipment or vehicle other than as may be necessary for constructionldevelopment, maintenance, emergency, or patrol purposes or to provids access to any disabled persons confined to motor-driven devices.
The use of the Pathway and Easement Area by either County or Grantor shatl include emergency uses, including but not limited to use of the Pathway for the purpose of emergency public escape routes, emergency response, and emergency vehicle access due to wildfire or other emergencies; and for the purpose of wildfire prevention activities including, but not limited to, fuel reduction, enforcement, and fire break maintenance.
Nothing contained in this Agreement shall give any member of the public the right to loiter in the Easement Area, or enter any other portions of the Servient Tenement, except for such entry as may be specifically allowed by Grantor.
6 Seeondar,v Easements. The Easement includes the follor,ving incidental rights:
A. The right of ingress and egress over and across the Easement Area for the installation. construction, maintenance, repair, and replacement of Pathway improvements in connection with the Project. For purposes of this Section 6.4, the right of "maintenance" shali include the right to adopt and enforce any rules and regulations adopted or promulgated by County which are related to the use of the Pathivay, including. but not limited to, unlawful camping and trash removal.
B. The right of Counfy to ensure and maintain public access to the Pathway In exercising these rights, County must use reasonable care and may not make any material changes to the Easement Area except as specified in this Agreement.
C. County Signs. County shall. have the right to post County signs along the Easement Area in conformance with Parks and Recreation Department standards tbr the protection of the health, safety and welfare of the public Pathway users and adjoining property owners, including the right to post signs lor proper precaution in the event of emergencies. Examples of signs include, but are not limited to, mile markers, general Pathway information, directional signs, precautionary alerts such as signs indicating the closing of the Pathway in the event of flooding, and private property notices. All County-posted signs shall be in conformance with any, and all, sign ordinances, of the county of san Luis obispo, and shall be approved by the Department of Parks and Recreation Director or designee. Grantor shall also have a right to install signs identifying its ownership of the Properfy, as r.vell as applicable rules and regulations pertinent to its Properfy.
D. Enforcement. General information and directional signs shall be posted at main entrances to the Pathway. General information signs shalldisplay the rules and regulalions of the Pathway. In addition to ail law enforcement agents and peace officers, the County Parks staff shall have the right to enforce the rules and regulations of the Pathway. Enforcement of such rules and regulations shali be determined by law enforcement agents, peace officers, and County Parks staff either separately or jointly, at the time of the violation. Grantor, through its Ranger Service or law enfbrcement agents, shallalso have a right of enforcement, but not an obligation.
7. Nqn-Exctusive Easenlent: &eservAtion of Crantor's Rishts: Riqhr of Reversion. This Agreement, except as speciftcally otherwise set forth, imposes no restrictions on the current uses or any and all future uses (as they may change from time to time) of the Serv'ient Tenement by Grantor whether or nct within the Easement Area, provided they do not materially interfere with the purposes of the grant of Easement. Specifically, Grantor shali retain rights to access the Easement Area in order to access Grantoros Properfy, so long as said access does not damage the Easement (reasonabie wear and tear accepted) or unreasonably interfere with the public's use of the Easement.
8. Acceptance in Natural Condition: fnstallation and klaintenance of Improvements.
A. County accepts the Easement and the Easement Area in the condition it exists as of the date of this Agreement.
B. Grantor hereby wanants and represents that the Grantor has not knowingly discharged or caused to be discharged any hazardous waste, extremely hazardous wasta, or hazardous substance (as those terms are defined in sections 251 15, 25117, and 25316 of the California Health and Safety Code) on, beneath or within any of the real property covered by this Agreement. [f Crantor ever becomes aware of the presence of any hazardous waste, extremely hazardous waste, or hazardous substance on, beneath or within these areas, Grantor shall immediately so advise County. County and Granlor are aware of the potential of previously documented and evaluated deposits of weathered crude oil to be present within the Easement resulting from the 1926 Tank Farm fire and have each concluded through their independent due diligence investigations that the potential presence of these deposits is considered low risk and not categorized as hazardous waste.
C. Grantor hereby warrants and represents that il) Grantor has sufficient title in the Subject Property to fully convey to Counly all of the property rights and interests described in the Easement Area, subject to any mortgage. loan, required consent or other supe rior interest or matters affecting title to the Propertv , and (2) that Grantor's title in the Properry shall not be compromised or transferred by any voluntary or involuntary transfer of any property interest, or the voluntary or involuntary creation of any lien, in the Property to someone other than the County prior to close of escrow. County acknowledges the prior existence of an "Agreement Declaring Restrictive Covenants" recorded on titie in favor of the State of Califomia Department of Transportation related to grant tunding awarded to Grantor at the time of Grantor's acquisition of the Properfy (Doc. No.2000-019357, Official Records, San Luis Obispo County).
D. County, at its sole cost and expense, shall be responsible for all instailation, maintenance, repair and replacement of improvements in and along the boundaries of the Easement Area, including but not limited to all required fencing, grading, and drainage related to the proposed Pathway. The Ccunty's development of the improvements to the Easement Area, and opening for public use, is subject to the resources available to the County, as the parties agree that the Easement Area shall not be open to public use until the County has installed the planned Pathway improvements and has lormally opened the Easement Area to the public.
E. County shall be responsible for enforcing all rules and regulations applicable to conduct and activity on the Pathway, including, but not limited to unlawful camping and trash removal. County's responsibility to begin coordinating proceedings to enforce against unlawful camping is irnmediate upon discovery or notification from Grantor, its agents, or any member of the public; that notwithstanding, the Grantor shall have the right, but not the obligation, to enforce rules and regulations applicable to conduct and activity on the Pathway. It is expressly understood that County's enlbrcement responsibilities as set forth in this paragraph 8.E shall be at the discretion of County and shall not be considered a mandatory dufy or otherwise modifu County's
tiability under the Government Ciaims Acr, Govemment Code $$ 810 et seq F. County shall maintain the Easernent Area, including maintenance items such as removal of trash and abandoned personalproperty, graffiti abatement, as well as upkeep offencing and any revegetation and I or erosion control measures, in a good and workmanlike manner and shall not allow the Easement Area to fall into disrepair. Upon seven Calendar (7) days' notice by Grantoithat the Easement Area has fallen into a state of disrepair, the Countv must undertake efforts to ameliorate the condition ofthe Easement Area. If Counfy fails or is unable to maintain the Easement Area upon notification from Crantor, then County shall close the Easement to public use until such time as it is able to take corrective or remedial action.
G. County shall adopt and implement mitigation measures and a monitoring program in accordance with the Mitigarion Monitoring and Reporting Program (MMRP), Appendix A to the Environrnental lmpact Report (Exhibit "C") attached hereto and incorporated herein.
H. fndemnification by Countv. COLI{TY SHALL INDEIvIIIIFY, DEFEND AND HOLD GRANTOR I-LAfu\{LESS FROM AND AGAINST ANY AND ALL
CLAIMS, COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES,
ACCOUNTANTS'FEES, CONSULTANTS' FEES, COURT COSTS AND
TNTEREST), LIABILITIES, ACTIONS AND DAfuIACES (COLLECTIVELY, "CLAIMS") By OR ON BEHALF OF ANy PERSON OR PERSONS AzuSNG lli
CONNECTION WITH THE COTINTY'S NECLIGENT USE OF THE EASEMENT
AREA AS WELL AS COTINTY'S ENFORCEMENT ACTIONS TAKEN IN THE EASEMENT AREA PURSUANT TO THIS AGREEMENT, AND EXCEPTING Ai{Y CLAIMS OCCURRIilIC WITHIN THE EASEMENT ANDIOR ON GRANTOR'S
ADJACENT REAL PROPERTY WHICH RESULT FROM GRANTOR'S WILLFUL OR NEGLIGEJ\iT ACTS OR OMISSIONS, OR GRANTOR'S FAILURE To GUARD
OR WARN AGAINST A DANGEROUS CONDITION, USE, STRUCTURE OR ACTIVITY ON GRANTOR'S ADJACENT REAL PROPERTY.
9. Benefits and Burdens Run with the Land. The benefits and burdens of this Agreement run rvith the land and shall not be severed from the Servient Tenement.
10. Temparary Conslruction Easemeng. In addition to the Easement, Grantor hereby further grants to County a Temporary Construction Easement ("TCE") on the Properry within that certain area depicted on the Right of Way N{ap aftached as Exhibit "pi' attached hereto and made a part hereof, for the purpose ofall reasonable construclion and construction support activities related to the Project including, but not limited to the stockpiling of materials, soil, and equipment. The TCE shailcommence on the commencement of construction, and shallterminate upon completion of Pathway project or three (3) years frorn the date of commencement, whichever shall occur first. The amount shown in clause 2.a. herein includes, but is not limited to, full payment for said TCE, including severance damages, if any. Prior to commencing utilization of the TCE, at the County's expense, an existing conditions inventory will be prepa;ed for the TCE area and agreed upon by Grantor and Countv that it is representative of the condition of the TCE. Upon completion of Project construction, the TCE area shall be generally restored
to the condition that existed prior to construction in accordance with the documentation in the existing conditions inventory, to the extent reasonably practical.
I L Severabilitl:. The invalidity of any provision of the Agreement shalI not affect the validity or enforceability of any other provision of this Agreement.
12. nameOtes Xot -gxct.uSl*. The use by either party' of any rtmedy specified heiein for thi enforcement of the Agreement is not exciusive and shall not deprive the parfy using such remedy of or limit the application of any other remedy provided by law.
13. Law. This Agreernent has been executed and delivered in the State of Califomia and the validity, enforceabilify, and interpretation of any of the clauses of the Agreement shall be determined and govemed by the laws of the State of California.
14. Venue. San Luis Obispo County shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. l5. Corporat-e Authority. Any individual executing this Agreement on behalf of Granfor represents and warrants that he is duly authorized to execute and deliver this Agreement on behalf of Grantor, and that this Agreement is binding upon said Grantor in accordance with its terms.
16. Entire Agreemeet. This Agreement constitutes the entire agreement between Grantor and County relating to the above easement. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by Grantor and County. No person shall sign for the County except the Chairperson of the Bcard of Supervisors. Grantor shall not rely on representations made by or signatures of any other person(s) acting on behalf of Counfy.
1,7. Repotdatiqn qf Agreelnent. This Agreement shall be recorded in the Official Records of San Luis Obispo County.
{S i gnature s Gppear on follow ing pa ge)
lN WITNESS WHEREOF, Grantor and Counfy have executed this Agreement on the respective date set forth below
GRANTOR: City of San Luis Obispo, a California Charter lv{unicipal Corporation By: Daaeda
Printed Name: Erica A. Stewart
Title. Mayor
CALI FORNIA ALL-PURPOSE ACKNOWLEDG MENT ctvtl coDE 1189 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.
State of California
County of San Luis Obispo
On Aor.\ q20}4betore me, Megan Wilbanks Notary Public
(date) (name)
Personally appeared Erica A. Stewart
(Name af Signer)
who proved to be rne on a basis of satisfactory evidence to be the person(s) whose name(s) islare 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 hisiher/their signature{s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. lcertify under PENALW OF PERJURY under
the laws of the State of California that the
foregoing paragraph is true and correct.
WTNESS my hand and officialseal
Signature
Cdtln. Erplt6 Frb tl, 2018
wlL8axx5
lurry Publie - Califomia
tdlr Luis Onhpo (ounty
Coilili$lon # Z460tt2
Place Notary Sea/ Above
COTJNTY OF SAN LUIS OBISPO
Supervisors
County of San Luis Obispo
f
,^r"u1lt 20
ATTEST:
i ).
.4
MATT PONTES .
'Ex-Offrcio Clerk of the Board jpi,.
, '. *t; - :i ,,."+. ,
'*lt)ilwM
*"pl'l'-cf1k
APPROVED AS TO FORM AND LEGAL EFFECT
RITA L. NEAL
Counsel
By Dated: fr *.-, 7t) 20 Lq
County Counsel
G: ay\Common\Bob Jones Trail 320096\_OwnersV2-12.A1,03,07 City of SLO\Offer pkg\Easement Agreement BJP City of sLo FINAI..docx
CALI FORN IA NOTARY ACKNOWLEDG EM ENT
State of California
County of San Luis Obispo
On July 16. 2024 , before me, Niki Martin, Deputy Clerk of the Board of Supervisors, (lnsert the name and title of the officer)
personally appeared Debbie Arnold 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/rhe/they executed the same in his/he/their authorized capacity(ies), and that by his/hedtheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certifli under PENALry OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and officialseal
E
'.:
Matthew P. Pontes. County Administrative Officer and
Ex-Officio Clerk of the Board of Supervisors
Signature WAlW\a/6LL
Deputy Clerk of the Board of Supervisors
(SEAL)
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A notary public or other ofiicer 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.
EXHIBIT A
(PAGE 1 OF 3)
LEGAL DESCRIPTION
Real property in the City of San Luis Obispo, Counly of San Luis Obispo, Stale of California, described as foilows:
A.P.N. 076-061-075
Government' tsts 2 and 3 sf Seetisn -15 and GovernmenE tot -1 of Seetion 16; all in Townshig3l South; Range 12 Easf Mount Diablo Base Meridian, in the County of San Luis Obispo, State of California, according to the official plat of said land.
Excepting therefrom any portion of said land lying within the bounds of the property conveyed to the State of California, by instruments recorded in Book 79, !qgg_15?; Bcpk 4-i4.pAqe-Lrs) and Book 1206.
Pqge 7!3 of Official Records, County of San Luis Obispo.
AIso excepting therefrom that portion of said land as described in Notice of Voluntary Merger recorded April 12, 2000 as Instrument No. 2000-019358 of Official Records, County of San Luis Obispo, described as follows:
A portion of Government Lots 2 and 3 in Section 15, Township 31 South, Range 12 East, and a portion of Government 1 in Section 16, Township 31 South, Range 12 Easl, Mount Diablo Base Meridian, in the County of San Luis Obispo, State of California, according to the official plat of the survey of said lands approved by the Surueyor General on Novernber 2t, t867 described as follows:
Beginning at the Northwesterly most corner of said Government Lot 2; said point lying North 85" 31'58' West, 660.17 feet from a corner marked S.F. #4, as shown on the Survey of Loi 38 of the Ranchita de Santa Fe, according to the official plat of the survey of said lands approved by the Surveyor General on May 3, 1859, an I inch by I inch post at the intersection of lwo fence lines according to the map filed in Bqok 21 of Regqr{ ql Sqrveys at Page g, records of said County thence;
1. South 85o 31'58" East along the boundary of said Ranchita de Santa Fe, a distance of 353.15 feet; thence
2. North 74o A4'53" East, 36.75 feet; thence
3. North 34o 22'53" East, 159.06 feet; thence
4. North 54o 46'53" East,358.38 feet; thence
5. Notth 34" 32' 53", 4L4.53 feet to S.F,#5, being the Northwest corner of said Government Lot 2; thence
6. North 89" 40' 11" East, along the North line of said Lot 2, a distance of 222.69 feet to the East line of said Lot 2; thence
7. South 00" 15'00" West, 982.27 feet; thence
8. Leaving the East line of said Lot 2, South 53" 35'28" West, 232.84 feet; thence
9. South 39a 2y 31" West, 205.03 feet; thence
10. South 83" 14' 28" Wesl, 23A.24 feet, more or less to a point on the South line of said Lot 2; thence
11. Notth 47a 49' 10" West, 913.75 feet, more or less, to a point on the West line of said Lot 2 and on the East line of said Lot 1, said point being twenty-five (25) feet from, measured at rightangles to, the Southwesterly line of said Ranchita de Santa Fe; thence
12. North 54o 46'58" West along a line twenty-five (25) feet from and parallel with said Southwesterly line 1293.24 feet; thence
13. South 560 18'39" West 15.08 feet; thence
14. North 54" 46' 58" West, 42,72 feet, more or less, to a point on a non-tangent curve, concave to the Southeast, having a radius of 1960.00 feet, a radialline to said curve bears North 34o 27'07" West, said curve being the Southeasterly boundary of South Higuera Street; thence
15. Norheasterly along the arc of said curue through a central angle of 01o 15' 08" an arc length of
42.83 feet; thence
16. Leaving said Southeasterly boundary, South 54" 46' 58" East, 1308,78 feet to the point of beginning
EXHIBIT A
(PAGE 2 OF 3)
Real propefi in the unincorporated area of the County of San Luis Obispo, State of California, described as follows:
APN: 076:061:078
Thalpa:tof Government Lol l in Section 16, Township 31 South, Range 12 East, Mount Diablo Base and Meridian as conveyed to the State of California, by parcel "THIRD" in deed recorded February L3,1947 in Valume 434 at page 216, Official Records of San Luis Obispo County. Together with any right, title or interest in said Sectien,eonveyed tS_lhe State of California by deed recorded December 3, 1929 in Volume 78 at page 152, Official Records of said County that lies southeasterly of the relinquishment of said county recorded in volume 503 at page2].7, officialRecords of said county.
EXHIBIT A
(PAGE 3 OF 3)
A.P.N. 076-121-018
All that parcel of Lot 6 of the Rancho San Miguelito, in the County of San Luis Obispo, State of Catifornia, described as follows:
Commencing at a post marked "S.M.6", and running thence South 79o 45'East, 2181.90 feet to posl marked-!S;38f thenee South t4o30rWes$75L08 fdet; then€e South 75" 45'-Wesu955;5&teet;. thence North 70 West, 557.70 feet to the west side of former right of way of Railroad; thence along sarne South 11" West 130.68 feet; thence West, 166.96 feet; thence North 1Bo Easi, 303.60 feet; and thence North 2" West, 1500.84 feet to the point of beginning.
Excepting therefrom that portion conveyed to W.T. Scott by Deed recorded in Boo!< !{-Pag_e_200 of Deeds, records of said County, described as follows:
Beginning in the westerly line of Lot 6 of the SuMivision of the San Miguelito Rancho, at a point South 20 Easf 601.26 feet distant from the Northwest corner'S.M.6'of said San Miguelito Rancho and running thence South B7o East, 2653.86 feet to the East line of said Lot No. 6; thence along said East line South 14o 30'West, 499.62 feet; thence South 75o 45'West, 1955.53 feet; thence North 89" West, 491.70 feet; thence South 12o Wesf 125.40 feet; thence West 166.98 feet to the West line of Lot No. 6; thence along said West line North 15o East, 303.60 feet; thence North 2" West, 899.58 feet to the point of beginning.
Also excepting therefrom any podion of said land lying within the bounds of the propefi conveyed to the state of california by instruments recorded in Eoqj< 78, fagq 15?; gopk 434, pqge 216; and Bqg( 120Q.
EXHIBIT B
LEGAL DESCRIPTION
PERMANENT EASEMENT
File no: 0019-0101-0't February 13,2424
That 12
East,
California, according to the official plat of said land thereof approved by the Surveyor's General's Office on June 12, 1872 and that portion of Lot 6 of the Rancho San Miguelito, in the County of San Luis Obispo, State of California, according to the map recorded May 05, 1882 in Book A, Page 38 of Maps in the Office of the County Recorder of said County, described as follows:
COMMENCING at a found 2" brass cap station 655+3t.04 99.07' left shown on the State of California Division of Highways Coordinate Control Map S.L.O.-l01 PLM 24.8 lo 27 .9 sheet 2 of 2 ref data = F.B. Doc. 3077 on.file at the District 5 Office from which a found 1.25" diameter iron pipe, no tag, shown as a 1.25" diameter iron pipe tagged RCE 6923 (S.M.#26t on Parcel Map No. CO 72-183, according to the map recorded March 11 , 1973 in Book 10, Page 94 of Parcel Maps of said county, shown as station "ER" 551+06.14 , 324.61' left on the State of California Division of Highways Right of Way Map 05-SLO-101 Old SLO-2-E dated 1947 sheef?4 of 32 on file at the District 5 Office bears South 24" 44'55" West 9916.90 feet [South 24" 44'35" West 9916.86 feet calculated from data shown on said Coordinate Control Map and said Right of Way Mapl:
Thence South 22"47'14" West, 3488.04 feet to the beginning of a curve to the left having a radius of 120.00 feet, the center of said curve bears (RAD1) South 31"41'09" East;
Thence along the arc of said curve (C1) through a central angle of 28"54'19" a distance of 60.54 feet to the beginning of a reverse curve, having a radius of 200.00 feet and the POINT OF BEGINNING of a strip of land 28 feet wide lying 15 feet southeasterly and 13 feet northwesterly of the following described line, a point hereinafter referred to as Point A bears South 60'35'28" East 15.00 feet;
Thence along the arc of said curve (C2) through a central angle ol22'53'49" a distance of 79.93 feet;
Thence {L1) South 52"18'21" West, 161 .81 feet to the beginning of a tangent curve to the right, having a radius of 120.00 feet;
Thence along the arc of said curve (C3) through a central angle of 21"36'32" a distance of 45.26 feet to the beginning of a reverse curve, having a radius of 120.00 feet;
Thence atong the arc of said curve (C4) through a central angle of 22'22'02" a distance of 46.85 feet;
Thence (L2) South 51"32'52" West, A2.74 feet to the terminus of said strip and the beginning of a strip of land 26 feet wide tying 13 feet southeasterly and 13 feet northwesterly of the following described line and to the beginning of a tangent curve to the left, having a radius of 200.00 feet;
Thence along the arc of said curve (C5) through a central angle of 55"38'23" a distance of 194.22 feet, a point hereinafter referred to as Point B bears (L5) North 85"54'29" East 13.00 feet;
Thence (L3) South 04o05'31" East, 1 16.12 feet to the beginning of a tangent curve to the right, having a radius of 500.00 feet;
Thence along the arc of said curve (C6) through a central angle of 22'55'06" a distance of 200.00 feet;
Thence (L4) South 18o49'35" West, 181 .07 feet to the beginning of a tangent curve to the left, having a radius of 1500.00 feet;
Thence along the arc of said curve {C7) through a central angle of 05"08'04" a distance of 134.42 feet to the beginning of a tangent curve, having a radius of 1500.00 feet, a point hereinafter referred to as Point C bears (L10) South 76'18' 29" East 13.00 feet; Thence along the arc of said curye (C8) through a central angle of 00'1 1'A4" a distance of 4.83 feet to the beginning of a tangent curve, having a radius of 1500.00 feet, a point hereinafter referred to as Point D bears (L1 1i North 76"29' 33" West 13.00 feet; Thence along the arc of said curve (C9) through a central angle af A1"22'03" a distance of 35.80 feet to the beginning of a tangent curve, having a radius of 1500.00 feet, and the beginning of a strip of land 28 feet wide lying 15 feet southeasterly and 13 feet nodhwesterly of the following described line a point hereinafter referred to as Point E bears (L12) South77"51' 36" East 13.00 feet;
Thence along the arc of said curve (C10) through a central angle of 13"53'31" a distance of 363.69 feet more or less to the north line of the land that portion of said Lot 6 of the Rancho San Miguelito conveyed to W.T. Scott by Deed recorded in Book 54,
Excepting therefrom that portion lying southerly of the north line of the land that portion of Lot 6 of the Rancho San Miguelito conveyed to W.T. Scott by Deed recorded in Book 54, Page 200 of Deeds, records of said County.
PageZ of 6 of Exhibit B
Also exce,pting theqefrom that portion ly-ing nortiwesterly and westerly of the southeasterly and easterly line of South Higuera Street, a County road, relinquished by the State of California and described in Document No. 1290 recorded February 9, 1949 in Volume 503, Page 217 of Official Records in the Office of the County Recorder of said County, shown as Parcel 737 on the State of California Division of Highways Right of Way Map 05-SLO-101 at post Mile R 25.0 on file at the District 5 Office and described in Doeument No. 8009 recorded April 28, 1967 in Volume 1433, Page 245 of Official Records in the Office of the County Recorder of said County, shown as Parcel 1281 on said Right of Way Map.
Together with
ParcelA
Beginning at hereinabove described Point A and the beginning of a non-tangent curve to the right having a radius of 1045.56 feet, the center of said curve bears (RAD2) South 59'50'57" East;
Thence along the arc of said curve (c11) through a central angle of 01'48'55" a distance of 33.13 feet to the southeasterly line of hereinabove described South Higuera Street, a County Road and to the beginning of a non-tangent curve to the left having a radius of 2012.57 feet, the center of said curve bears (RAD3) South 34'31'0G" East; Thence along said southeasterly line and along the arc of said curve (C12) through a central angle of 001"A2'41" a distance of 36.70 feet to a point that bears North 60'35'28" West from said Point A;
Thence South 60"35'28" East, 14.88 feet to said Point A, Parcel B
Beginning at hereinabove described Point B and the beginning of a curve to the right having a radius of 187.00 feet, the center of said curve (RAD4) bears North 85'54'29" East;
Thence along the arc of said curve (c13) through a central angte of 08"52'18" a disiance of 28.95 feet;
Thence (L6) South 74'11'02" East, 10.20 feet to the beginning of a non-tangent curve to the left having a radius of 177 .0a feet, the center of said curve bears (RADS) South 85"51'09" East;
Thence along the arc of said curve (c14) through a central angle of 08"14'22" a distance of 25.45 feet;
Thence (L7) South 04"05'31" East, 22.9A feet;
Thence (L8) North 74"11'02" West, 10.64 feet to a point that bears South 04"05'31. East from said Point B;
Thence {L9} North 04'05'31" V\/est, 19.27 feet to said Point B Parcel C
Beginning at hereinabove described Point C;
Thence (Ll3) South 86"55'23" East, 17.30 feet to the beginning of a non{angent curue to the left having a radius of 1470.00 feet, the center of said curve bears (RADO) South 76'11'02" East;
Thence along the arc of said curve (C15) through a central angle of 01'34'58" a distance of 40.61 feet;
Thence (LG) North 86'55'23" West, 15.19 feet;
Thence (L15) North 77"51'36" West, 2.00 feet to hereinabove described Point E and the beginning of a non-tangent curve to the right having a radius of 1487.00 feet, the center of said curve bears South 77"51'36" East;
Thence along the arc of said curve (C16) through a central angle of 01'33'07" a distance of 40.28 feet to said Point C.
Parcel D
Beginning at hereinabove described Point D and the beginning of a curve to the left having a radius of 1513.00 feet, the center of said curve bears South 76"29'33" East; Thence along the arc of said curve (C17J through a ceniral angle of 01"31'48" a distance of 40.41feet to the southeasterly line of hereinabove described South Higuera Street, a County Road and the beginning of a non-tangent curve to the right having a radius af 2120-AO feet, the centerof said curve bears (RAD7) South 89"06'57" East; Thence along said line and along the arc of said curve {C18} through a central angle of 01"44'37" a distance of 39.85 feet to a point that bears North 86"55'23" West, from said Point D;
Thence (L16) South 86"55'23' East, 7.93 feet to said Point D
The bearings and distances of this legaldescription are based upon the California Coordinate System of 1983, CCS83, Zone 5 projection, (2010.00) in accordance with the California Public Resources Code Sections 8801-8819; and are based locally upon field-observed ties to the following National Geodetic Survey (NGS) Continuously Operating Reference Stations (CORS) with the published station values as tabulated below:
CORS
Station
Northing
(sFT)
Easting
(sFT)
NAD 83(2011) Ellipsoid
Heiqht (sFT)
Accuracy
P513 2.163.030.39 5,767,197.37 935.70 Not Published
P523 2.309.259.76 5,748342.54 137.74 Not Published
The Combined Scale Factor, Convergence Angle and the values used to calculate them are shown below:
All coordinates and distances shown, unless otherwise noted, are in terms of the U.S.
Survey Foot (sFT). As used in tables above, Elevation refers to derived California Orthometric Heights ('COH88') or equivalent of the point where the mapping angle and combination factor were calculated in terms of the North American Vertical Datum of 1988 ("NAVD88") and Height refers to the vertical value of the California Geodetic Coordinate or equivalent ellipsoid height used to calculate the combination factor.
Distances shown hereon or inversed from coordinates shown hereon are in reference to CCS83. To approximate localground distances, divide by the combination factor provided hereon.
Containing 0.86 acres more or less.
The above described land is graphically shown on Exhibit 81, being 7 sheets, attached hereto and made a part hereof.
Northing
(sFT)
Easting
(sFr)
Elevation
isFT)
NAD 83{2011)
Ellipsoid
Heiqht {sFT)
Convergence
Angle
Combined
Scale
Factor
2,276,161.70 5,756.930.66 61.952 -52.836 -1'32',09.24" 0.99996
L. Bradshaw, P.L.S. 8298
Date Signed: February 13,2024
End of Description
t
No.8298
(.) I
t I
OF, CAL
LA N D $
LEGEND
LEGAL DESCRIPTION AREA
0.86 ACRES MORE OR LESS
POINT OF COMMENCEMENT
FOUND 2'' BRASS CAP STATION
655+31.04 99.07' LEFT SHO\ /N ON
THE STATE OF CALIFORNIA
DIVISION OF HIGHWAYS
COORDINATE MAP S.L.O. -101 PLM
24.8TA 27.9 SHEET 2 OF 2 REF
DATA -F.8. DOC 3077 ON FILE AT
THE DISTRICT 5 OFFICE
SHEET 3
/
I
/t
GRAPHIC SCALE
300' 600' 1,2A0'
(rN FEET)
1lN=600FT
FOUND 1.25'' DIAMETER PIPE, NO
TAG, SHOWN AS 1.25'' DIAMETER
IRON PIPE TAGGED RCE 6923 ON
PARCEL MAP NO. CO72-183
(10/PM/94) ANDAT "ER" STATION
551+06.14, LEFT 320.61' OF STATE
OF CALIFORNIA, DIVISION OF
HIGHWAYS, RIGHT OF WAY MAP
Os-SLO-101, OLD SLO-2-E, DATED.
1947, SHEET 24 0F 32
612 CLARION COURT
SAN LUIS OBISPO, CA 93401
T 805 544-401 1
F 805 5444254
[email protected]
0 SHEET 2
I
I
I
\
SHEET 4
SHEET 5
CITY OF SAN LUIS
oBtsPo
LOT 1
SEC 16 T31S R12E MDM
SHEET 7
I
?l[?,:iffii,J: OB,SPO
MB 38
MAINO TRUST
PARCEL 1
44PM27
-
-_--l---
/
54/DDS/200 I
I
TXHIBIT B{
POR. OF LOT { SEG {6 T3{S R12E MDM
& POR. LOT 6 A/MB/38
GOUNTY OF SLO, GA
SHEET 1 OF 7 OF EXHIBIT 81
JOB No.: 001$0101
DRAWING : 07S121{IBCITYSLO
DMWN BY: LG
DATE: 202+Al1S
SCALE : 1'= 600' WALIACE GROUPo
LINE AND CURVE TABLE
CURVE/
LiNe *
RADIUS DELTA/
eEARrNc DISTANCE
c1 120.00' 028" 54'19" 60.54'
c2 200.00' 022" 53',49" 79.93'
c3 120.00' 021'36'32" 45.26',
c11 1045.56' 001'48'55" 33.1 3'
c12 2012.57' 401" 02'41" 36.70'
L1 N 52" 18'21" E 161.81'
SEE SHEET 1
FOR
DESCRIPTION
^-aiS
-Y-'
,Sr,V
/ot
PARCEL A
c1
LEGEND
RAD RADIAL
0 LEGAL DESCRIPTION AREA
0.86 ACRES MORE OR LESS
POINT OF
BEGINNING
28'WDE
STRIP \- SEE DETAIL
\
POINT A
POINT OF BEGINNTNG
FOR PARCEL A
CITY OF SAN LUIS
OBISPO
LOT 1
SEC 16 T31S R12E MDM 9'^& --l
/
POINT OF BEGINNING
28'WDE STRIP
---
0.12'
7g \
09, (t GRAPHIC SCALE
25', 50'
(rN FEET)
1lN=50FT
100'
POINT A
POINT OF BEGINNING
FOR PARCEL A DETAIL
RADIAL TABLE
RADIAL BEARING
RADl s31" 41'09"E
RAD2 s59'50'57"E
RAD3 s34'31'06"E
EXHIBIT B'
R. OF LOT { SEG {6 T3{S R{2E M
& POR. LOT 5 A/MB/38
couNTY oF sl.o, GA
F EXH IT B,I
JOB No. : 00190101
DRAWING : 07S121{18 CITY SLO
DMWN BY: LG
DATE: 202441-19
SCALE: 1" = 50' WAIIACE GROUPo
6,12 CLARION COURT
sAN LU|S OB|SPO, CA 93401
T 805 54,L401 1
F AO5 544429+
[email protected]
L_ NOT TO
LEGEND
RAD RADIAL
LEGAL DESCRIPTION AREA
0.86 ACRES MORE OR LESS
(J;1
CITY OF SAN LUIS OBISPO
LOT 1
SEC 16 T31S R12E MDM
CITY OF SAN LUIS
oBlsPo 1708-oR-653
POR. LOT 1
516 T31S R12E MDM
0 GRAPHIC SCALE
25', 50' 100'
(rN FEET)
1lN=50FT
JOB No.: 00190101
DMWING : 07S121.018CIYStO
DRAWN BY: LG
DATE: 2024-01-15
SCALE: 1'= 50'
LINE AND CURVE TABLE
CURVE/
LINE #
RADIUS DELTA/
BEARING DISTANCE
c4 120.00' 022" 22',02" 46.85'
L2 s 51'32'52" W 342.74'
6J2 CLARION COURI
sAN LUIS OBISPO, CA 9340'1
T 805 544-40'1'l
F 805 s44-4294
{w,[email protected]
EXHIBIT B{
OF LOT 1 SEC {6 T3{S R{2E MD
& PTR. LOT 6 A/]UIB/38
couNTY oF sl-o, cA
WALIACE GROUPo
0 LEGEND
RAD RADIAL
GRAPHIC SCALE
25', 50'
(rN FEET)
1lN=50FT
L5 (TlE)
13.00'
LEGAL DESCRIPTION AREA
0.86 ACRES MORE OR LESS
100' CITY OF SAN LUIS
oBtsPo 1708-oR-653
POR. LOT 1
516 T31S R12E MDM
7e CHANGE IN WDTH
A
o)^"e
c
\</
rE RAD5
PARCEL B
4 POINT B
POINT OF
BEGINNING
FOR PARCEL B
At J
oo)
F- )
13.00'
1708-0R-653
POR. LOT 1
516 T133 R12E MDM
612 CLARION COURT
SAN LUIS OBISPO, CA 9340,I
r 805 5444011
F 805 5444294
[email protected]
/
(r)
o, J
l
- cr)
-J
RADIAL TABLE
RADIAL BEARING
RAD4 N85'54'29"E
RAD5 s85'51'09"E
LINE AND CURVE TABLE
CURVE/
LINE #
RADIUS DELTA/
BEARING DISTANCE
c5 200.00' 055" 38'23" 194.22',
c13 187.00' 008" 52'18" 28.95'
c14 177.00' 008' 14'22" 25.45'
L3 s 04" 05'31" E 116.12',
L5 N 85'54'29" E 13.00'
L6 s 74" 1 1',A2" E 14.20',
L7 s 04'05'31" E 22.90',
L8 N 74' 11'02" W 14.64',
L9 N 04'05'31" W 19.27',
EXHIBIT B{
R. OF LOT { SEC 16 T31S R12E MD
& PTR. LOT 6 A/MB/38
couNTY oF sl.o, GA
JOB No.: 001S0101
DRAWING : 07S121{18 CITY SLO
DATE: 202441-19
SCALE: 1'= 50'
DRAWN BY: LG
WAIIACE GROUPo
LINE AND CURVE TABLE
CURVE/
LINE #
RADIUS DELTA/
BEARING DISTANCE
c10 1500.00' 013'53'30" 363.69'
13.00' 1
F(tq
F0' o
utJJ 5
o
{
r
F
f,
o(n
POR. LOT 1
516 T135 R12E
CITY OF SAN LUIS
OBISPO
LOT 1
SEC 16 T31S R12E MDM
SEE SHEET 6
CITY OF SAN
LUIS OBISPO
PORTION
LOT 6 MB38
00,
1 t
AO,
LEGEND
RAD RADIAL
GRAPHIC SCALE
50' 100'
(rN FEET)
1lN=100FT
612 CLARION COURT
sAN LUIS OB|SPO, CA 93401
T 805 544-401 1
F 805 5441294
[email protected]
LEGAL DESCRIPTION AREA
0.86 ACRES MORE OR LESS T--
L ___J
or
O
0 24O',
15.0a,
JOB No.: 00190101
DMWING : 07S121{18C|TY SLO
DMWN BY: LG
DATE: 2024.01-19
SCALE: 1'= 100'
EXHIBIT B{
OF LOT { SEC {6 T3{S R{2E M
& POR. LOT 6 A/MBI38
couNTY oF sl-o, GA
WALIACE GROUPo H 5 F
POINT D
POINT OF BEGINNING
FOR PARCEL D
LEGEND
RAD RADIAL
POINT C
POINT OF
BEGINNING
FOR PARCEL C
€ (o r
o
L6
F
LEGAL DESCRIPTION AREA
0.86 ACRES MORE OR LESS
0 GRAPHIC SCALE
10' 24',
(rN FEET)
1lN=20FT
40'
116
I 12
POINT
RADIAL TABLI
RADIAL BEARING
RAD6 s76" 1 1'02"E
RADT s89" 06'57"E
LINE AND CURVE TABLE
CURVE/
LINE #
RADIUS DELTA/
BEARING DISTANCE
c8 1500.00' 000" 11'04" 4.83',
c9 1500.00' 001'22'03" 35.80',
c15 1474.00' 001'34'58" 40.61'
c16 1487.00' 001" 33'07" 40.28',
c17 1513.00' 001" 31'48" 40.41',
c18 2120.00' 001" 04'37" 39.85'
L6 N 86' 55'23" W 15.1g',
110 s 76'18'29" E 13.00'
L11 N 76'29'33" W 13.00'
L12 s 77" 51'36" E 13.00'
113 s 86' 55',23" E 17.30'
115 N 77' 51'36" W 2.00'
L16 s 86' 55'23" E 7.93'
EXHIBIT B{
R. OF LOT { SEG {6 T3{S R{2E M
& PTR. LOT 6 A/MB/38
GOUNTY OF SLO, CA
F B1
JOB No.: 001$0101
DRAWING : 07&121.018 ClTi SLO
DMWNBY: LG
DATE: 202+01-15
SCALE: 1'=?0' WAII-{CE GROUPo
612 CLARION COURT
sAN LU|S OBtSPO, CA 9340'r
T805 W0r1
F 805 5444294
[email protected]
LINE AND CURVE TABLE
CURVEi
LINE #
RADIUS DELTAI
BEARING DISTANCE
c10 1500.00' 013" 53' 30" 363.69'
4 -l
oF
O
15.00'
LEGEND
RAD RADIAL
GRAPHIC SCALE
25'. 50',
(rN FEET)
1lN=50FT
LEGAL DESCRIPTION AREA
0.86 ACRES MORE OR LESS
F
ul
tIJ
g.
F
a
t
ul f
I
I
-F
:)
o
a
CIry OF SAN
LUIS OBISPO
PORTION
LOT 6
AMB38
54/DDS/200
0 100'
MAINO
TRUST
PARCEL 1
44PM27
JOB No.: 001$0101
DRAWING : 070121{18 CITY SLO
DMWN BY: LG
DATE; 2024-A1-19
SCALE: 1"=50'
OF LOT { SEG {6 T3{S R{2E M
& PTR. LOT 6 A/MB/38
couNTY oF sl.o, cA
SHEET 7 OF 7 OF EXHIBIT 81
EXHIBTT
612 CLARION COURT
SAN LUIS OBISPO, CA 93401
T 805 U+4011
F E055r'.44294
[email protected]
EXHIBIT C
BOB JONES PATHWAY FINAL EIR - APPENDIX A
MITIGATION MONITORING AND REPORTING PROGRAM
1. SrlruroRyReeulREMENT
When a Lead Agency makes findings on significant environmental effects identified in an ElR, the agency must also adopt a "reporting or monitoring program for the changes to the project which it has adopted or made a condition of approval in order to mitigate or avoid significant effects on the environment" (Public Resources Code $21081.6(a) and California Environmental Quality Act Guidelines $15091(d) and S15097). The Mitigation Monitoring and Reporting Program (MMRP) is implemented to ensure that the mitigation measures and project revisions identified in the EIR are implemented. Therefore, the MMRP must include all changes in the proposed project either adopted by the project proponent or made conditions of approval by the Lead or Responsible Agency.
2. AoMrr{rsrRATroN oF THE MrnealoN MoNrroRrNG AND RepoRrt'to PRoe n*rra
San Luis Obispo County (County) is the Lead Agency responsible for the adoption of the MMRP. As the project is a public action, the County is also considered the project applicant and is responsible for implementing, verifying and documenting compliance with the MMRP, in coordination with other identified agencies. According to CEQA Guidelines $15097(a), a public agency may delegate reporting or monitoring responsibilities to another public agency or to a private entity that accepts the delegation. However, until mitigation measures have been completed, the Lead Agency remains responsible for ensuring that the implementation of the measure occurs in accordance with the program.
As a County project, verification of mitigation compliance and responsibility for compliance is the responsibility the County's designated Project Manager. The Project Manager will be responsible for coordinating plan reviews and field verification with the appropriate County department staff or outside agencies.
3. MmeanoN MEASURES AND RepoRrNG PRocRAM
Table 1 is structured to enable quick reference to mitigation measures and the associated monitoring program based on the environmental resource. The numbering of mitigation measures correlates with numbering of measures found in the lmpact Analysis chapters of the Draft EIR (DEIR). The measures have also been revised to reflect any revisions made in the Revised Draft EIR (RDEIR) and Final ElR.
ln addition to the mandatory mitigation measures, the MfulRP also reflects the voluntary mitigation measures that are part of project design and project description, as identified in the EIR.
EXHIBIT C
Table 1. Mitigation Monitoring and Reporting Program
*6sdrefbsAds{rd Re.so{ireeg
Q*et*ra*&i&Ftto"
VMM 1,1.AES,I Development, including access roads. shall minimize visibility . County as viewed from any designated scenic road or highway to the greatest extent practical. Alternative locations ot standards may be approved where visual elfects are reduced to an
insignificant level or where visibility is desired.
. ReviewofFinal
Design Plans
. Prior to
constructions
VMM 1.1 .AES3 Vvhen screening is necessary io protect a sensitive visual reseurce, the following is appropriate. The site design shall use existing topographic features to the extent feasible- Where use of topography is not feasible, existing vegetation, new landscaping plants, berms and fencing may be used. Where feasible, the use of natural vegetaiion and/or landscaping shall take precedence over berms or fences. ln cases where
vegetation is used, the design shall provide that at least 80 percent of the structure(s), as viewed from public rights-ofway, shall be screened by plants at maturity. New landscaping should use native species to the extent feasible.
r Review and
Approval ol
Landscape and
Planting Plans
. Prior to
Construction
County
VMM 1-1.AES4 New structures proposed on promineni ridgelines shall be locaied so that they are not silhouetted against the sky as viewed from public roads or the ocean.
' Review of Final
Design Plans
Review
. Approval of
Landscape and
Planting Plans
r Prior to
Construction
. Couniy
VMIJ 1.1-AESs Grading and placement of structures shall occur at leasi 1 50 feei from bedrock outcroppings visible from public righi ofway o Review of Final
Design Plans
. Priot to
mnstruction
. County
. Conlractor
VMM 1-1.AES6 o Rerriew of Final
Design PIans
. Prior to
6nstruction
. County
. Contractor
No grading or struclures shall occur on slopes greater than 20 percent (excepi in ihe case of trails) unless the CounV finds that there is no feasible alternative or that by allowing such grading or structures, the overall impacts would be better minimized. Grading shall be designed so that landform
EXHIBIT C
alterations a.e minimized to the extent feasible and blend with the natural topography by following existing contours where feasible.
VMM 1.1-AES7 Building height and mass of proposed buildings as viewed from public rights-of-way shall be minimized to the extent feasible by using low-profile design and other methods. Colors shall not markedly contrast with the surrounding environment bui should complement and be similar to colors of
sunoundings.
. Review of Final
Design Plans
. Prio. to
Construction
e County
vtvlM 1.'1-AES8 . County
. Contractor
Facilities shall be designed io minimize new light, excepi for the minimum required for safety. ln general, lighting fixtures shall be downcast and hooded. Night lighting shall limit spillover visible at sensitive uses such as residences to the maximum extent practical. Use of glare-producing materials shall be minimized.
. Review ofFinal
Design Plans
. Review of Lighting
Plan
. Prior to
Construction
. During construction
Mi&afonM€€su,es
MM 2.1-1a . County
. Contractor
For land within the projeet's footprint under the County's jurisdiction, the County shall reiain a qualifled professional to select appropriate native plant materials (i.e., ground coverfor pathway shoulders, shrubs and trees for areas where these planls have been removed in the area of proposed bridges) that will cover graded cut and fill slopes and that are compat,ble with adjacent vegetation to minimize visual
impacts. Selected species shall be crmpatible with the
requirements of the Environmental Coordinator, or its
designee. Landscape and planting plans shall be submitted io San Luis Obispo County Parks and the Environmental
Coordinaior, or its designee, for review and approval prior to start of construction. Re-vegetation of disturbed areas shall take place concurrent with construction. The San Luis Obispo County Environmental CoorCinator or iis designee shall be lesponsible for mitigation monitoring to ensure mitigation planting is installed and maintained for five years.
. Review and
Approval of
Landscape and
Planting Plans
. Prior to
construction
. During Project
Constructiofl
. Five Years PostConstruction
Couniy
Caltrans
MM 2.1-1b For land wilhin the projecls footprint under Caltrans jurisdiction, the County shall select appropriate plant materials . Review and
Approval of
. Priot to
cjonstruciion
EXHIBIT C
that will cover graded cut and fill slopes and that a.e compatible with adjacent vegetaiion to minimize visual
impacts. Selected species shall be compatible with Caltrans .equirements and landscape standards. Plans shall be
submitted to Caltrans or its designee for review and approval priorto start of consiauction. Re-vegetation ofdisturbed areas shall take place concurrentwith construction. The San Luis Obispa County Environmental Coordinator or its designee shall be responsibte for mitigation monitoring to ensure mitlgation planting is installed and maintained for five years.
Landscape and
Planting Plans
. During Project
Construction
. FiveYearsPostConstruction
. Conaactor
MM2.1-2a The County shall design the proposed bridge structu.es and pathway improvemenis in accordance w;th the Highway
Corridor Design Standards, where applicable- ln addilion, the bridge structure at the SLO Creek crossing within Segment 2 (Bunnell Bridge) shall have a maximum height limit that does not exceed an elevation of 80 feet (North American Vertical Datum 88 {NAVD88)), which equates to roughly I feet above the adjacent northbound Highway '101 lane, in order io reduce the veriical dimension of ihe structure and the potential fot visual intrusion inio the viewshed,
. Review and
Approval of Final
lmprovement Plans
' Prior to Approval of
Final lmprovement
Plans
o County
. Contractor
MM2.1-2c The County shall prepare a landscape plan that provides maximum feasible screening of all new structures (i.e., bridges, ramps, retaining walls) when seen from adjacent roadways. New trees shall be planted in conformity with County lists and shall be compatible with adjacent vegetation to supplement the screening of the bridge structures as geen from Highway 101 and San Luis Bay Drive. The design shall be prepared by a qualified professional and plans shall be approved by the Environmental Coordinator, or its designee, prior to start ofconstruction. All revegetation and planting shall be implemented concunent with p.oject construction. The Environmental Coordinator, or its designee, shall be
.esponsible for mitigation monitoring io ensure mitigation planting is installed and maintained for five years.
. Review and
Approval of Final
lmprovement Plans
. Prior to Approval of
Final lmprovement
Plans
. County
. Confractor
MM 2.1-3b For land within the projectfootprint under Caltransjurisdiction. the County shall select appropriate plant materials that will cover graded cut and fill slopes and that are compatible with . Review and
Approval of Final
lmprovement Plans
. Prior io Approval of
Final lmprovement
Plans
. County
' Caltrans
. Contractor
EXHIBIT C
adiacent vegetation to minimize visual impacts. Selected species shall be compatible with Caltrans requirements. Plans shall be submitted to Caltrans or its designee for review and approval prior lo start of construction. All plantings and revegetation shall be implemented concurrentWith construction.
The Environmenial Coordinator, or its designee, shall be responsible for mitigation monitoring to ensure mitigation planting is installed and maintained for five years.
. During
Construction
. FiveYearsPostConstauction
MM 2.1-3c Prior to approval of final improvement plans. the County shall identify a texture or paftern for the vertical retaining surface specifically designed io .educe the large plane of unilorm vertical surface. ln addition, appropriate landscape shrubs are to be planted between the .etaining wall and the highway to provide screening. The design shsll be subject to rsview and approval by the Environmental Coordinaior or iis designee for compliance prior to start ofconstruction. Caltrans shall also be consulted where the projeci Falls within its jurisdiction.
The Environmental Coordinator, or its designee, shall be responsible foi mitigation monitoring to ensure mitigation planting is insialled and maintained for five years.
. Review and
Approval of Final
lmprovemeni Plans
. Prior to Approval of
Final lmprovemeni
Plans
. During
Construction
. FiveYearsPostConstruction
. County
Mtul 2.1-3d Prior to spproval of final improvement plans. the San Luis Obispo County Environmental Coordinator shall ensure that all proposed design and landscaping requirements are
incorporated into the final design drawings.
. Review and
Approval of Final
lmprovement Plans
. Prior to Approval of
Final lmprovement
Plans
. Couniy
Agri6 ult trat Re sa.ases
vtriM 1.1-AG 1 Pathway shall be sited so as not to be adjacent to agricultural operations to the extent feasible. Where necessary to prevent trespass, fences shall be incorporated into.the design. . Review of Final
Design Plans
. Prior to
Construction
County
ttr[tigation Measurx
MM 2.2-3a Prior to commencing construction, the County, in coordination with prope8 owners and the San Lsis Obispo County
Department of Agriculture, shall develop and implement a . Revlew and
Approval of
Farmland Conflict
. Prior to
ConslFJction
o County
. County Department
of Agriculture
EXHIBIT C
. The Land
Conservancy
Farmtand Conhidt Reduction Pldn- The Fannland ConflicJ
Reduction Plan shall be subiect to review and approval by ihe San Luis Obispo Environmenial Coordinaior and shall include, at a minimum:
Methods fior minimizing trespassing and disturbance
by lr?rl uqeF;
Proeedur€i for minimizifig pesticide exposure
(ndtification, pathway closure, etc.);
Rules to minimi2e confliets between dome-stic animals
and livdslock;
Establishrnentof potential temporary pathway etosure
proCedures; and
1. 2.
o,
4. 5. Exampfesofihe signage, striping, and fencihg
lequired,
Reduction Plan
o Review of Final
Desiqn Plans
. County
. County Department
of Agriculture
o The Land
Conservancy
MM 2.2-3b As part of the Farmland Confiid Reduction PIan required th(ough implefnentation of miligation measure MM Z2-3a, the County shall prqvide signagd thai describes the importaflce ot the local agricultural lands and educate ihe public/users how io respect the sunounding irdportant resources and reduce
conflicts, including, butnot limited to, the following:
1. Siaying on designated trailsj
2 Maintainin$ controf aif domFtic animals;
3, Minimizingiitteritaste;
4. P.ohibitingpickinsofcrops;and
5. Prohibiting thefeeding of or contact with livestock.
Signage shall be locaGd atthe trailheads and along portions of the pathway that are located adjacent to large private agricultuial land holdings. All signage shall be installed prior b publb use of.ihe trait
. Reviewand
Approval of
Farmland Conflict
Reduction Plan
. PriorTo Publlc Use
Of Trail
e County
. Contractor
MM2.2-3c As part of the Fannldi.rd Conflict Rdduction Plan required through implementation of mitigation measure MM 2.2-3a, the County shell designlthe pathr,lray alignment tqavoid
agdculturaf road$ td the greatest extent feasible by locating the pathway alignment within existing rights-of-way andlor on ruderat lands. ln addition, pathway alignment and i#erseclions shall be designed to minimize conflicts with agricultural . Review and
Approval of
Farmland Conflict
Reduction Plan
. Review of Final
Design Plans
. Prior to
Construction
EXHIBIT C
qperalions tlt'ough use of detqrring devi'6€s such as f€ncing, striping, signage, bollards, and paving. Pavement and
intersectoft deveiOpm€nt standards Shall be iqenttied and ac€€rnmodat€i usai by agiicuttural machlnery an4 vehicles at all pathway/agricultural road intersection locations in order to minimize maintenance rcquirements where the pathway
crosses agricutturaf roads. All methods of reducing con8ict shall be demonsirated on final construction documentsand will be subject to review and approval by the San Luis Obispo Environmentat Coodinator.
MM 2.2-3d As part oithe F€nnland Ccilflict Reduction Plan iequired . CounV through implementatioft of mitigation nieasure MM 2.2.3a, circumstances that require temporary path\,r.ayclosuig shall be clearly defined. Such eircumstariees may inctude rouline maiRtenance.. agrlcultural spraying, or &tentiaf aldoi actual flood conditions. The timing of and average duration of routine temporary closures shall b€ clearly defined in the Farmland Cqnffict Reduertion Plan, Every effort shall be made to schedute temporary pathway clbsures during non-peak
pathway usage periods, whi6h dre typipally weekends.
holidays; and commute hours. Any tamporary closuies shall be cteady posled,at the trailheade, pai*ing areas, an$ point of closore. The notification shalt identify. lhe leaso.n for {he closuie, time and date of:closure, and duration of closure.
Sign.tge shall be posted at least 24 hours prior to:closure and removed immediately upon the identfied duration or being ctearedfor re.opening bf the San Luis Obispo Environmental Coordinator.
. Review and
Approval of
Farmland Conflict
Reduction Plan
. Prior to
Construciion
. Prior to
construclion ' MM 2 2-3e Prior io construction the County shall ensure that final County construction documents include the requirements of the
Farmland Conflict Reduction PIan and that the design is consisient with Appendices B, E, and F of the County of San Luis Obispo General Plan - Parks and Recreation Element.
Plans shall be subjecl to review and approval by the San Luis Obispo County Environmental Coordinator.
. Review and
Approval of Final
Constructi6n
Documents
. Pfior to Preparation
of Final
MM2.24a Prior to preparation offinal construction drawings, the County o County shall ensure that the proposed project minimizes the quantity r Review and
Approval of Final
EXH1BIT C
Page I of 26
and rate of runoff off-site- The pathway shall be graded to convey runoff to away from agricultural crops, orchards and/or fields to reduce runoff onto adjacent agricultural iands, Construction
Drawings
Construction
Drawings
. Prior to Public Use
of Trail and
Throughout Trail
Operation
MM2.24b Prior to use of lhe Bob J ones Patliway and throughout the . County ,ife of the projed, the County shall provide refuse bags and disposal cans fordomestic anitual wastb at thetrailheads and at aciessible, s€rviceabfe poinb along ihe route
. Submittal of
Mainlenanm
Records
. Review of
Construciion
Management Plan
. Review of
Equipment List
. Prior to
Construction
. During
Construction
o CounV
. Contractor
VMM 1.1.AQl 1. lraintain equipment and vehicle engines in good condition and in propertune per manufaclurers'
specificatione and APCD.
2. Use electricity from power poles rather than temporary diesel- or gasoline-powered generators.
3. Usemethanol-ornatural gas-poweredmobileequipment
and pile dnvers instead of diesel if available.
4. Use propane- or butane-powered on-site mobile
equipment if a./ailable.
5. Store volatile liquids in closed containers.
6. No open burning of debris, Iumber or other scrap
permifted.
7. Evaluate, priortoflnal construction approval, a particular projecfs risk of releasing significant quantities of diesel particulate emissions, using APCD Guidelines. Proiects
which may exceed acceptable thresholds may be
required to insiall one or more pieces of liltering
equipment and/or use emulsified fuels.
8, lmplementation of Dusi Control Measures. including the following:
'ffatered areas with vehicle traffic: minimum of iwice
daily
Streets adjacent to the project siie shall be swepi as
needed.
EXHIBIT C
Exposed areas, new driveways and sidewalks shall
be seeded, keated with soil binde.s, or paved as
sobn as possible.
Cover stockpiles of soil, sand and other loose
materials.
Cover trucks hauling soil, debris, sand or other loose
materials.
Sweep project area streets daily.
Appoint dust control mon;tor to overseelimplement
dust control.
Contractor shall maintain continuous control of dusi
from construction.
When wind creates dust, to generate nuisance
complaints, Contractor shall suspend grading
operations, and/or water.
During construction, minimized amount of disturbed
arca.
Onsile vehicle speeds should be reduced to 15 mph or less.
VMM 1.1.AO2 Portable equipment used during construction activities must be in compliance with SLO APCD permit requirements, which
may require statewide registration or issuance of a permit from the SLO APCD prior to any construction.
. Review of
Equipment List
Management Plan
o Review of
Construcfion
. Prior to
Construction
. Dunng
Construction
County
Contractor
vMM 1.1- BtOl e County
. Contractor
. Biological Monitor
Do not install impediments (fences, struciures, lighiing) to wildlife conidore.
. Review of Finel
Design Plan
. P!-ior to
Construction
. During
Construction
vMM 1.'1- BtO2 . Review of Final
Design Plan
. Prior to
Consiruction
. County
' Contfactor
Limit access to sensitive areas; do not exiend trail networks or provide s;ngle trails in sensitive areas.
EXHIBIT C
' During
Construciion
MM 2.3-1a Prior to commencement of construction, the County shall . Count/ ftnalize a compfehensive Habitat Mitigaiion and Monitoring Plan (HMMP), for review and approval by the County
Environmental Coordinator, or its designee, that specifies final mitigation requiremenis for impaets to vegetation and oatural habitats based on the requirements of pe.mits and
consultation with the resource agencies. The final HMMP shall be based on and generaily consistent with the draft HMMP prepared by SWCA Environmental Consultants lnc. in
February 2012, which is included as Appendix I of the Natural Environment Study (Technical Appendix T3 of the Draft EIR).
The final HMlvlP will ideniify the specific mitigaiion sites along the vicinity of the SLO Creek ripanan conidor, based on the specific mitigation acreage required by regulatory agencie6 during the permitting process. The final HMMP shall be
consistent with federal and state regulatory requirements and reflect any regulatory permil conditions. as required. The San Luis Obispo County Environmental Coordinator, or its
designee, shall ensure implementation of mitjgation
requirements of the HMMP during eonstruction and
immediately following project completion. Measures identified in the final HlvlMP shall include at a minimum ihe following:
1. On-site mitigaiion at the following minimum ratios.
unless determined othenrvise by a regulatory agency:
2. On-site mitigation (within areas in or near ihe SLO
Creek watershed) for permanent !mpacts to
jurisdictional areas would be implemented at a 2:1
ratio (the CDFW may require a replacement of 3:1 or
more for trees removed);
3. Off-site mitigation for permanent impacts lo
jurisdictional areas would be implemented at a 3:1
.ratioiand
4. On-site and/or off-site mitigation for temporary
impacis to jurisdictional areas would be implemented
. Review and
Approval of Habitat
Mitigation and
Monitoring Plan
. Priot to
Conslruciion
. During
Consttuction
. Following Project
Completion
EXHIBIT C
at a 1:1 ratio.
5. Any loss of southern California black walnut trees
shall be mitigated at a 4:1 restoration ratio for every walnut tree removed and al a2:1 ratio for every
walnut kee trimmed or olhetwise impacted but not
removed. lf more than 25 percent of a walnut tree
musi be trimmed, it shall be mitigated at a 4:1
restoration Etio
6. lmplementation of the restoration and mitigation
activities will be conducted or overseen by an agencyapproved restoration specialist. The restoration specialist will oversee site preparation and plani
installation lo ensure conformity with the final HMMP.
Restoralion and mitigatioil activities shall include, but are not limited to, plant salvage, site preparation and planting, installation of irrigation, and preparation and implementation of maintenance and monitoring plans.
7. The maintenance plan shall address waiering
requirements, weed mntrol, herbicide use,
vandalism, and remedial plantings and fertilizing. The
monitoring plan shall identify a monitoring schedule,
performance goals, other attributes to monitor, and
reporti ng requirements.
8- Obtaining a Section 1602 Streambed A,lteration
Agreement from the CDFW and coordinating with the
SWRCB/R\ iQCB regarding the need for a Section
1 3263(a) general waste discharge requirement
(WDR) for project-related impacts that will occur in
areas under the jurisdiction of these regulatory
agencies.
o County
o California
Departmentof Fish
and Wldlife
o US Fish and
Wildlife Service
o National Marine
MM 2 3-1b The County shall provide evidence of all necessary permit oa authorizaiions from Federal and State Ageneies, including the USACE, RWQCB, and CDFW. Pursuani to Section 7 of the
Endangered Species Act, formal consuliation shall be initiated with the California Department of Fish and VMldlife (CDFU4, US Fish and Wldlife Service (USFWS) andlor the National Marine Fisheries Service (NMFS) tor impacts to lisied species . Reviewand
Approval of Habitat
Mitigation and
Monitoring Plan
. Prior to
Construction
EXHIBIT C
(i.e. south-central California coast steelhead ESU). The HMMP required through implementation of mitigation measure MM
2.3-1a shall be updated within 30 days ot issuance of any appl;cable permits to teflect specific permit requirements for observed special-status species. The updated HMMP shall be submitted for review and approval by the County
Environmental Coordinator, or iis designee.
Fisheries Service
. Contractor
MM 2.3-1c lf any special-status species are observed in or near wotk o County areas during monitoring or construction, the County shall have a qualified biologist map, establish and mark off an exclusion zone, and avoid these species until the appropriate regulatory agencies (e.9., Calirans, USFWS, and CDFW) are consulted for further mitigation options. Additional measures may include temporary halting of work, avoidance, relocation. or other measures as ideniified by the resource agencies, depending upon the specific species and its distibution.
. Review and
Approval of Final
Construction
Documents.
. Submittal of
Biological
Monitoring Reports
e During
Construclion
. Roview and
Approval ofWorker
Environmental
Training Program,
o Submittal of
Environmental
Training Program
Sign ln Sheets
. Prior to
Construction
MM 2.3-1d Prior to commencement of construction. County shall have a . County qualified biologist prepare and mnduet a worker environmental ifaining program. The environmental training program shall include descriptions of all special-status species with the potential to occur within the project area, their ecology. legal siatus, the need for conservation of the species, and what to do lf one is observed. The environmental iraining program shall be subject to review and approval by the County
Environmental Coordinator, or its designee. All construction personnel conducting work within habitat that potentially supports these species shall participaie in the training program conducted by a qualmed biologist. Evidence of participaiion in the environmental training program shall be submitted to the County Environmenta, Coordinator on a quarterly basis.
MM 2.3-1e Prior to commencement of construc{ion. the County shall have . County a qualified biologist conduct pre-construc{on surveys for Coast Range newts, southwestern pond turtles. silvery legless lizards, and two-siriped garter snakes and any other California Special Concern species or other special-status species ideniified in areas along and adjacent to the SLO Creek corridor where construction will occur. The County shall obtain . Submittal of Pre
Construction
Survey Results and
Biological
Monitoring Repofts
o Obtain CDFW
Letter of
. Prior to
Construction
EXHIBIT C
a letter of pe.rmission from lhe California Department of Fish Permission and \ lildlife (CDFW) to relocate identified California Special Concern species from work areas encountered during
construction as necessary- A qualified biologisis shall capture and relocate any California Special Concern species or olher special-status species (if present) to suitable habiiat ouiside of the area of impact. Observations of Califomia Special Concern species or other speciaFstatus species shall be documenied on California Natural Diversity Database iorms and submitted to CDFWand the San Luis Obispo County Environmental
Coordinator, or its designee, upon proiect completion.
. Prior to
Construction
. CounV
. Contraclor
MM 2.3-1f Prior to commencement of construction, the County shall implement recommended avoidance and minimization
measures for CRLF provided under the Progemmatic
Biological Opinion for Prciects Funded orApproved Underthe Federal Aid Progem as noted in the Natural Environment
Study (Technical Appendix T3 of the DEIR) and as
summarized below. These measures include, but are not
limited to, ihe following:
1. Prior to ground disturbance, a UsFws-approved
biologist shall survey the project area no more than
48 hours before the onset of work activities. lf any life siage of the CRLF is found and these individuals are
likely to be killed or injured by work activities, the
approved biologist shall be allowed sufficient time to
move them from the site before work activities begin.
The USFWS-approved biologist shall relocate the
Califomla red-legged frogs the shortest distance
possible to a location that coniains suitable habitat
and will not be affected by the activities associated
with the project. The USFWS-approved biologist shall
maintain detailed records of any individuals ihat are
moved (e.9., size. color€tion, any distinguishing
features, photographs [digiial prefened]) to assist him or her in determining wheiher translocated animals
are reiurning to the point of capture.
2. Priorto any activities beginning on the projectsite, a USFWS-approved biologist shall conduct a iraining
session for all constluction personnel. At a minimum,
. Submittal of Survey
Resulis and
Biological
Monitoring Reports,
r Review and
Approvalof Worker
Environmental
Training Program
EXHIBIT C
the training shall include a description of the
California redJegged frog and its habitat, the specific measures that are being implemented to conserve
the CRLF for the current project, and the boundaries
within which the project may be accomplished.
Brochures, books, and brielings may be used in the
training seEsion, provided that a qualfied person is on hand to answer any questions.
3. A USFVVS-approved biologist shall be present at the
work site until all CRLFS have been removed,
workers have been instructed, and disturbance of the
habitat has been completed. After this time, the state
or local sponsoring agency shall designate a person
to monitor on-site compliance with all minimization
measures as required under the Habitat Mitigation
and Monitoring Plan.
4. All refueling, maintenance, and siaging of equipment and vehicles shall occur at least 60 feet (1 I meters)
from the riparian habitat or water bodies and not in a
location from which a spillwould drain directy toward
aquatic habiiat. The monitor shall ensure
contaminafion of habitat does not occur during such
operations.
5. Projectareas shall be revegetated with an
assemblage of native riparian, wetland, and upland
vegetation suitable for the area. Locally collected
plant materials shall be used to the extent practicable. invasive, exotic plants shall be controlled to the
maximurn extent practicable. This measure shall be
implemented in all areas disturbed by activities
associated with the project, unless the USFWS and
Caltrans determine that it is not feasible or
modification of original contours would not benefit the CRLF.
6. The number of access routes, size of staging areas.
and the total area of activity shall be limited to the
minimum necessary.
7. Work shall be scheduled for the times of the year
when impacts to the CRLF would be minimal. For
EXHIBIT C
example, work thatwould affect large pools that may
support breeding would be avoided. to the maximum
degree practicable, during the breeding season
(November through May). lsolaied pools that are
important to maintain California red-legged frogs
through the driest portions of the year would be
avoided, to the maximum degree praclicable, during
the late summer and early fall.
8. Best management practice$ (BMPS) shall be
implemented to control sedimentation during and
after proiect implementation.
L lf a work site is to be temporarily dewatered by
pumping. intakes shall be completely screened with
wire mesh noi larger than 0.2 inch (5 mm) to prevent
California red-legged frogs from entering the pump
system. Water shall be released or pumped
downstream at an appropriate rate to maintain
downstream flows during construction.
10. Watershall not be impounded in a manner that may
attract CRLFS.
'l 1 . Exotic species, such as bullfrogs (Rana catesbeiana), crayfish, and centrarchid fishes shall be permanently
removed by a UsFws-approved biologist to the
maximum extent possible.
12. The use of herbicides is prohibited as the primary
melhod to control invasive, exotic plants along the
pathway. except in areas of managed agriculture,
where use of pesticides (including herbicides) is
regulated by the California Food and Agri6ulture
Code.
Evidence of compliance with the recommended avoidance and minimizaiion rneasures for CRLF shall be submitted to the San Luis Obispo County Environmental Coordinator on a quarterly basis
r County
. Confactor
MM2.3-2a Prior to construction, the County shall document on all final conslruction documents ihat vegetation removal shall occur outside of the nesting season (September'1 to February 14), wherever possible. to prevent birds from nesting within areas . Review and
Approval of Fiiral
Consiruction
Documents
. Ptorto
construction
EXHIBIT C
of disturbanc€ during or iust prior io construction. These timing requirements shall confirmed by the San Luis Obispo County Environmental Coordinator, or its designee.
MM 2.3-2b lf construction activities are proposed to oecur during the . County typical nesting season (February 15 to August 31) within 200 feet (60 meters) of potential nesting habitat or 1 00 feet of the existing South Higuera bridge, the County shall have a
qualified biologist conduct pre-construction surveys ior nesting birds (including swallows) in potential nesting habitat.
Pre.construclion surveys shall be conducted at least two weeks prior to construction to determine presence/absence of .lesling birds within the project area. The USFWS and/or the CDFW shall be contacted if any listed bird species are
observed during surveys and consulted for additional
guidance if nestlng birds are observed wiihin or near the boundaries of the project site. Nests, eggs, or young of birds eovered by the Migratory Bird Treaty Act and the Califomia Fish and Game Code shall not be moved or disturbed until the end of the nesting season or until young fledge, whichever is later, nor shall adult birds be killed, injured, or harassed ai any time. Work activities shall be avoided withio 100 feet (30 meters) of active bird nests and 200 feet (60 meters) of active €ptor nests until young bids have fledged and left the nest.
Readily visible exclusion zones shall be established by a qualified biologist in areas where actve nests must be
avoided. Results of the pre-construction surveys shall be submitted to the San Luis Obispo County Environmental
Coordinator, or its designee. upon completion and prior to constructiono Submiftal oi PreConsaudion
Survey Results and
Biological
Monitoring Repofts
. Prior to
Construction
EXHIBIT C
?age 17 ol 26
MM 2.3-3a Wherever work is to occur within 100 feet (30 meters) of r Couniy bridges or other artificial structures capable of supporting bat roosts. the County shall have a qualified biologist conduct preconstruction surveys (at least two at dawn and two at dusk) for bat roosts. Pre-construction surveys shall be conducted at least 30 days prio. to construction to delermine whether bats are roosting in lhese structures. The biologist(s) conducting the pre-construction surveys will also identjfy the nature of the bat utilization of the bridge (i.e-, no roosting, night roost, day roost, maternity roost). Results ofthe pre-construction surveys shall be submitted to the San Luis Obispo Environmental Coordinator, or its designee, upon completion and prior io work commencing within 1oo-feet of existing structures that are capable of supporting bat roosts.
. Submittal of PreConstruction
Survey Resulis
. Prior to
Commencing
Construction
activity within 100-
feet of exlsting
Struclures
. Prior to
Construction,
. During
Construction
MM 2.3-3b lf roosting bats are identified during surveys conducted as a . CounV result of implementation of mitigation measure MM 2.3-3a, the County shall implement the following measures during
conslruction:
'1- Readily visible exclusion zones shall be established in areas whele roosis must be avoided.
2. lf there is only night mosting by bats, work may
proceed as normal, provided that no nighttime work is
scheduledlf there is day roosting by bats (o. night roosting and work during nighttime), qualified biologists shall monitor any construction activities within 100 feet (30 meters) for disturbance to bat roosting. lf bat roosting behavior is determined to be adversely impacted by construction activities, construction must be avoided in the vicinity of bat roosts until eithei bats are no longer roosting or they have been excluded from roosting.
lf malernity roosts are detected, construction activities must be avoided within 100 feet (30 meters) of an active maternity roost until the and of the maternity roosting season, which typically occurs during the spring and summer months.
. Submittal of preconstruction Survey
Results and
Biological
Moniioring Reports
EXHIBIT C
MM2.34a Prior to commencement of construclion, the County shall retain a qualified biological monitor(s) approved by all involved regulatory agencies to ensure compliance with avoidance and minimization measures within the project environmental
documents. Monitoring will occur throughout the length of construction or as directed by the regulatory agencies. Fulltime monitoring will occur during vegetation removal and erosion control insiallation. Monitoring may be reduced to part time once construction activities are under way and the potential for additional impacts is reduced. Monitoring reports shall be submitted to the San Luis ObiEpo Count/
Environmental Coordinator, or its designee, on a quarterly basis or as specified by specific mitjgation measuresr Submittal of Biological
Monitoring Reporis
. Prior to
Consttuction
. County
MM 2.3-4b . Submitial of
Biological
Monitoring Reports
o During
Construction
During consttuction, the biological monito(s) will ensure that . County the spread or introduction of invasive exotic plant species will be avoided to the maximum extent possible. When practicable, invasive exotic plants on lhe project site (such as Arundo donax) will be removed and properly disposed.
MM 2.34c Any construction activiiies across SLO Creek shall take place . CounV between une 15 and October 31 in any given year. oras
otherwise directed by the regulatory agencies, when the sufface water is likely to be dry or at seasonal minimum.
Deviations from this work window will only be made with permission from the relevant regulatory agencies.
. Review and
Approval of Final
Management Plan
Construction
. PriortoAppravalof
Final Construction
Management Plan
. Prior to
Construction
o County
. Conttactor
MM 2.3-4d Prior to commencement of construction, the Couniy shall clearly flag or fence the project site so that lhe contractor is aware of the limits of allowable siie access and disturbance.
Areas within the designated project site that do nol require regular access will be clearly flagged as offJimit areas to avoid/discourage unnecessary damage to sensitive habitats or existing vegetation within the projeci site-
' Review and
Approval of Final
Construction
Management Plan
EXHIBIT C
Page19of26
MM 2.3-4e Prior to commencement of construction, the County shall prepare a Hazardous Materials (HAZMAT) Response Plan to allow For a prompt and effective response to any accidental spills. Upon complement of the HAZMAT Response Plan it
shall be submitted io the San Luis Obispo County
Environmental Coordinator, or its designee, to ensure
compliance.
All workers shall be informed of the impoilance of preventing spills and of the appropriate measures to take should a spill occur. During consbuction, all proiect-related hazardous materials spills within the project site will be cleaned up immediately. Spill prevention and cleanup materials will be on site at all times during construction.
The HMMAT Response Plan shall allow the cleaning and
refueling of equipment and vehicles occur only within a designated staging area, which shall be located at least 60 feet from wetlands, other waters, or other aquatic areas. This staging area will conform to best management practices
(BMPs).applicable to attaining zero discharge of stormwater runoff. At a minimum, all equipment and vehicles will be checked and maintained on a daily basis to ensure proper operation and to avoid potential leakg or spills.
c Review and
Approval of
Hazardous
Materials
Response Plan
' Submittalof Worker
Training Sign in
Sheets
. Priof to
Constructioil
r Couniy
EXHIBIT C
. Review and r County
Approval of Tree
Removal Plan and
Final Habitat
Mitigaiion and
Monitoring Plan
. Prior to
Construction
. Proiect Completion
MM 2.341 Prior to commencement of construciion, the County shall have a quatified arborist prepare a tree removal plan that minimizes the irimming and removal of trees to the e)dent feasible. Upon completion of the tree removal plan it shall be submitted to the San Luis Obispo County Environmental Coordinator, or its designee, to ensure compliance. To avoid the potential for unnecessary removal or trimming of trees. any trees to be removed shall be marked with colored flagging or other
suitable material. Trees to be trimmed shall be similarly marked but with a different color to differentiate them from trees to be removed. Unmarked trees shall not be removed or trimmed. After construction, any loss of riparian trees shall be replaced ai a minimum 3:'l replacemeni ratio, or as otherwise directed by the regulaiory agencies. Methods for riparian vegetation replacement shall be incorporated into the final Habitat Mitigation and Monitoring Plan.
o County
. Confactor
. Reviewand
Approval of Final
Construction
Management Plans
lncluding Erosion
Control Plan and
Stormwatet
Pollution
Prevention Plan
(SWPPP)
Construciion
MM 2.3-49 Prior to commencement of construction, the Couniy shall . Prior to prepare and incorporate inio final construction documents an erosion contrcl plan and stormwater pollution prevention plan (S\r'VPPP) for the project, Provisions of these plans shall be implemented during and after construction as necessary to avoid and minimize erosion and stormwater pollution in and near the work area. The SWPPP shall include erosion control measures to be implemented during and after project
implementatlon (.efer to Appendix L of the Natural
Environment Study including in Technical Appendix T3 of the DEIR). Silt fencing, fiber rolls, and barriers (e.g-, hay bales) will be installed between the project site and adjacent wetlands and other waters. No synthetic plastic mesh products shall be used in any erosion control maierials. At a minimum, silt fencing will be checked and maintained on a daily basis throughout ihe construction period. The contractor shall also appty adequate dust contaol techniques, such as site watering, during construction. The San Luis Obispo County
Environmental Coordinator, or its designee, shall ensure compliance with ihe SWPPP throughout the duration of the proposed project.
EXHIBIT C
Page21 ol26
Mtu't 2.34h Prioi to commencement of construction, the County shall e Coung prepare a construction management plan that identfies the rules and requirements of the job site. Upon completion of the construction management plan it shall be submitted to the San Luis Obispo County Environmenial Coordinator, or its
designee, to ensure compliance. The construction
management plan shall reference other applicable plans (i.e., SWPPP, HAZMAT Response Plan, employee iraining
program, etc.). identify construction hours, contact names and numbers. and other specific management requirements,
including, but not limited to, the following:
1. During construction. trash will be contained, removed from the work site, and disposed of regularly.
Following construction, all trash and construgtion
debris will be removed from work areas. All
vegetaiion rcmoved from the construetion site shall
be taken to a certified landfill to prevent the spread of invasive species. lf soil from weedy areas (such as
areas with poison hemlock or other invaslve exotic
plant species) must be removed off site, the top 5
inches containing the seed layer in areas with weedy
species shall be disposed of at a certified landfill.
2. During construction, no pets will be allowed on the
consiruction site.
r Review and
Approval of
Consttuction
Management Plan
. Prior to
Constructon
. Review and
Approval of Habitat
Mitigation and
tvlonitoring Plan
. Prior io
construction
MM 2.3-7 Prior to construction, the County shall ensure that the final County alignment of the Bob ones Pathway avoids impacts to
southern California black walnuttrees io the eldent practjcable. lf southern California black walnut trees cannot be avoided and must be removed or lrimmed during construction, their Ioss shall be mitigated at a 4:1 restoration ratio for every walnut tree removed and at a 2:1 raiio for every walnut tree trimmed or otheMise impacted but not removed. lf more than 25 percent of a walnut tree must be trimmed, it shall be mitigated at a 4:1 restoration ratio.
&4{rrdt?ssoryt€
MM 2.4-1b Prior to construction of any improvements at the Octagon Barn o County (Segment 1), the County shall submit detailed final
. Review and
Approval of Final
. Prior to
construction ofany
EXHIBIT C
improvement plans for the proposed trailhead impaovements at the Octagon Barn Center 10 the County Environmental
Coordinator, or its designee, for review and approval. The County Environmental Coordinator, or its designee, shall review the final plans tb ensure consistency with the approved phased conditional use permit for the Octagon Barn Center project (DRC2001 0-00053). Design-level improvement plans shall identify all proposed structures and equipment, as well as proposed materials, and show elevations in relationship to exisling buildings/siructures.
lmprovement Plans lmprovements ln
Segment 1
MM 2.4-1c lf, during the course of constructing and implementing the proposed project, archaeological. paleontological, and cultural resources (i.e., prehistoric siies, historic sites, or isolated artifacts and features) are discovered, the contractor shall halt all ground disturbing aclivities immediately within 50 feet of the discovery, the San Luis Obispo County Environmental
Coordinator, or its designee, shall be notified, and a
professional archaeologist that meets the Secretary of lhe Interiols Professional Qualifl cations Standards and Guidelines in archaeology and/or hisiory shall be retained by County to determine the significance of the discovery.
The San Luis Obispo County Environmental Coordinator, or its designee, and the County shall consider mitigation
recommendations presented by a professional archaeologist that meets ihe Secretary of the lnteriof's Professional Qualifications Standards and Guidelines in archaeology and/or history for any unanticipaied discoveries. The San Luis Obispo County Environmental Coordinator, or its designee, and the County shall consult and agree upon implementation of a measure(s) that they deem feasible and appropriate. Such measures may include avoidance, preservaiion in place,
excavation. documentation, curation, data recovery. or other appropriate measures- The County shall implement any
mitigation necessary for the proiection of archaeological, paleontological. and cultural lesources.
o Review and
Approval of Fioal
Construction
Management Plan
. Archaeologist
Report
o During
Construction
. County
. Contractor
g@bg[rlt4''olow
EXHIBIT C
\tufun!4ry MitigalioR
. Prior to
Construction
VMM 1-1- GiHl Facility construction shall be . County programmed so as to reduce the poteniial for erosion. Considerations shall include trming to avoid the wet season (generally October 1 through April 15), and limiting the e):teni of exposed area either through staggering project phases or through a rapid revegetation program. Any construction activity which will involve.
disturbance of one acre or more will require permitting through the RWQCB NPDES program. All necessary permits will be
obtained prior to construction.
. Review of Final
Construction
Management Plan
including Schedule
VMM 1.1- G/H2 The construction . Couni/ program shall minimize temporary impacts to stormwaterflow and drainage by incorporating best
management practices. Available BMPs are numerous, and
include, but are noilimited to, siaging area control measures such as proper stockpile maintenance, perifieter control measures such as straw wattle and sandbagging, and internal control measures such as temporary sedimeni basins.
Aciivities subject to the NPDES permitting program will include these measures in their Stormwater Pollution Prevention Plan (swPPP).
. RevieuJ of Final
Construction
Management Plan
including Schedule
I Prior to
Construction
VMM 1. 1. GiH3 Facilities shall be designed to as to minimize the amount and rate of off-siie runoff. No matter the technoloqy used, the facility shall provide sufficient stormwater infrasiructure to minimize off-site increases in runoff volume or rate. Facilities shall incorporate, where necessary, appropriate and feasible, measures such as:
1- Permeable paving or surfacing materials.
2. B'oswales or linear depressions in lieu of ha.d pipe/single outfall options.
3. I'latural topographic featu.es to direcydisperse flow. 4, Conjunciive use of recreational facilities to ditect and disperse flow.
5. Vegetated buffers.
6. Retention basins (dispersed. smalllshallow basins are preferred to eingle, deep and large basins).
. Review of Final
Design Plans
o Review of Final
Construciion
Managemeni Plans
inciuding
Construction BMPs
. Prior to
Construction
r During
Construction
. County
. Confuactor
EXHIBIT C
Other energy-dissipating stuctures.
VMM 1.1. G/H4 . County Facilities shall be maintained so as to minimize the potenfial for long-term erosion and to ensure rapid response to
emerging erosion probtems. Trails, and unsurfaced parking or staging dreas, among otherfacilitiesi shall be inspected ori an ongoing basis. at least prior to and after the rainy season. to erisure emerging erosion problems are addressed. Ongoing problems may require surfacrng, facility closure, redesign, or revegelaticinr Review of
Operation and
lllaintenance Plan
. Post Construction
VMM 1.1- G/Hs Facilities shalt be operated in a manner which minimizes ongoing impacts to drainage pattems and water quality. The eoiJftty shalt'ensure thai all installed measures and
technologies are maintained in proper function Stormwater infrasuucture shall be inspecied at least prior lo and after the rainy season to include functionalityi any needed repairs or alternative measures shall be pursued as soon as possible fol{owing discovery.
. Review of
Operation and
Mainienance Plan
. Posi Construction CounV
Voluntary Mitigation i/leasr.res
tllofse
VMM 1.1.N1 . During
Co n stru ction
o County
. Contractor
\Atrere construction activities will take place near sensitive receptors. the County Noise Ordinance for construction
activities, which limits hours of operation, shall apply. . Review of
Construction
Management Plans
including Schedule
VMM 1,1 . TRA,I Facilities shall provide adequate parking such lhat surrounding area streets are not adversaly impacted.
. Review of Final
Design Plans
. Prior to
Construciion
. County
VMM-I,1 - TRA2 Construction activities shall deploy signage, cones, and public notice, among other measures subject to the approval of the County Public Works Department, to minimize potential
hazards
. Prior io
Construction
. During
r Re.riew of o County
Construction
Management Plan
EXHIBIT C
Construction
MM2.6.2-1 Prior o County to flnal design approval, the County shall design the proposed pro.iect consistent with the requirements of the San Luis Obispo County 201-1 Public lmprovement Standards and Caltrans' Manual for Uniform Trafflc Cont(ol Devices. The final design shall be subjeet to review and approval by the San Luis Obispo Counry Department of Public'4/orks.
. Reviewand
Approval of Final
Design Plans
. PriortoApprovalof
Final Design Plans
M\,r12.6.2-z A single at-grade crossing of South Higuera Street to accemmodate a connection to the Ciiy's portion of the pathway would be designed consistent with San Luis Obispo County's 2Ol1 Public lmprovement Standards. The final design of a single at-gtade crossing of South Higuera Street shall be included in the design of the future Buckley Road elitension. which wili include a signalized intersection at South Higuera Street. An interim at-grade crossing of South Higuera Street may be acceptable prior to the construction of the signalized intersection under the following circumstances:
1. Prior to final design approval, the County shall review and approve a design for a single interim at{rade
crossing on South Higuera Street.
2. The location of this single interim at-grade crossing shall be coordinaied with the City of San Luis Obispo
and the San Luis Obispo County Department of
Public \iy'orks.
3. The San Luis Obispo Coun! Department of Public
tl/orks shall ensure that the design of the at-grade
crossing is consistent with the San Luis County 201 1
Public lmprovement Standards and Caltrans' Manual
for Uniform Traffic Control Devices. Necessary safety
features may include, but are not limiied to, the
following design features as deemed appropriate to
provide a safe crossing:
. Use offlashing lights, roadway striping, orchanges in pavement texture.
. Signing for path users shall;nclude a standard
. Review and
Approval of Final
Oesign Plans
. PriortoApprovalof
Final Design Plans
. Post Construction
o County
. The Land
Ccnseruancy
. Cityof SanLuis
Obispo
EXHIBIT C
Page26 of 26
"STOP" sign and pavement marking, combined with
other features such as bollards to slow bicydists.
r For path users, directional signs and street names at crossings to help direct people to their destinations.
. For motorists, a sign rcading "Path Xing" along with a palh emblem or logo to both warn and promote use of
the path itse'f.
. A median stripe on the path approach to organize and
warn path users.
o Crosswalk striping in accordance with local and siate preference, possibly accompanied by pavement
treatrnents to help warn and slow motorists.
The interim at-grade crossing shall be abandoned with
construction of the Buckley Road extension and relocated to lhe south side of lhe new Buckley Road/South Higuera Street signalized inlersectjon.
MM 2.6,3-1 Prior to final design approval, ihe County shall ensure that the project has been designed to provide the following:
1. Pathway landmarks or other location aids to allow an injured or;ll pariy to convey locaton to emergency
responders for party locsting;
2. Provide emergency access for a 20-ton fire engine to remote areas of the pathway; and
3. lnformational signs. gate control, and weather
monitoring to avoid flood hazards during storm
events.
The environmental coordinator, or its designee, shall review the final improvement plans for consistency prior to
commencing construction.
. Review and
Approval of Final
lmprovement Plans
. Prior to Approval of
Final lmprovement
Plans
. County
LEGEND !
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TEMPORARY CONSTRUCTION EASEMENT
IUJIMffitr.
PROPOSED BJI EASEMENT NON-ENCUMSEREOPROPOSED TEMPORARY CONSTRUCT)ON €ASEMENT
TEIPORARY
CON9TRUCTION EASETENT
I€MPORARY CONSTRUCT]ON EASEMENT
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SAN LUlS OBISPO
PAITCEL 22-12,01
PttOPEItTY IMPACT: 07 6-061'07 5
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LEGEND:
Llrrl l- i I l- staTt RlGtt-oF-[Ay acc€ss ffELlNou]sflED COUNTf RICH'I.OF.UAY
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TEMPORARY CONSTRUCTION EASEISENT
FSSSS[?t]7,Iit4TiJIET{:T7i frJ,^Jil
PROFOSED 8JI EASEMEN] ENCUMBEREOPROPOSEO gJT EASEMENI NON.€NCUMSEREDPROPOSED TEMPORARY CONSIRUCI]ON EASEMENT
TETPORARY
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CITY OF
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BOBJONES TRA]L
JtrlY 25'2024
PRELIMINARY. FOR
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l_l
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@ SAI{ LUIS OBISPO COT]NTY (NFEEI} ffi*
LEGEND I
l-|l_L I I I I r- staTt RIGHT-of-wAy AccEss RtLlNoulsHEu couNTr RIcHT-or-[Ar
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NF,Vr, t
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AREA (SF )
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PIIOPER'IY IMPAC'I: 076-1 2 1-01 8
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Julv 25, 2024
PRELIMTNARY. FOR
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0t6-061 -075
C] TY OF
SAN LUIS OBISPO
---1-
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GMPHrcgCAE @ i:# SA}{ L[]IS OBISPO COT]N'I]Y ffi*
COUNTY OF SAN LUIS OBISPO
BOARD OF SUPERVISORS
AGENDA ITEM TRANSMITTAL
(1) DEPARTMENT
Public Works
(2) MEETING DATE
10/29/24
(3) CONTACT/PHONE
John Diodati, Director of Public Works
(805) 781-5252
(4) SUBJECT
Request to receive an update on the status and give staff direction on options to proceed with the Bob Jones Pathway Gap Closure Project in order to meet the grant funding timeline for the Bob Jones Pathway from the Octagon Barn to Ontario Road Project, Avila.
(5) RECOMMENDED ACTION
It is recommended that the Board, receive an update from staff on the status of the Bob Jones Pathway Gap Closure Project and direct staff to either:
1. Request approval from the California Transportation Commission at their January 2025 meeting to phase the Project in order to align with the proposed Caltrans right-of-way alignment proposal.
2. Return the balance of the $18.25 million Active Transportation Program grant, and direct staff to continue to pursue necessary right-of-way acquisition and then re-apply for future grant funding to complete the project.
(6) FUNDING SOURCE(S)
California Active
Transportation Program
Grant
(7) CURRENT YEAR FINANCIAL
IMPACT
$1,258,300 in General Fund may
need to be returned to grantor
(8) ANNUAL FINANCIAL
IMPACT
No financial impact.
(9) BUDGETED?
yes
(10) AGENDA PLACEMENT
{ } Consent { } Presentation { } Hearing (Time Est. _______) {X} Board Business (Time Est. 60 min) (11) EXECUTED DOCUMENTS
{ } Resolutions { } Contracts { } Ordinances {X} N/A
(12) OUTLINE AGREEMENT REQUISITION NUMBER (OAR)
N/A
(13) BUDGET ADJUSTMENT REQUIRED?
BAR ID Number: N/A
{ } 4/5th's Vote Required {X} N/A
(14) LOCATION MAP
Attached
(15) BUSINESS IMPACT STATEMENT?
No
(16) AGENDA ITEM HISTORY
{ } N/A Date 8/20/24 #35; 7/16/24 #16;
5/21/24 #40; 11/7/23 #21; 8/22/23 #27;
7/13/21 #38; 7/10/18 #25; 2/24/15 #30;
(17) ADMINISTRATIVE OFFICE REVIEW:
(18) SUPERVISOR DISTRICT(S)
Reference: 24.143
COUNTY OF SAN LUIS OBISPO
TO: Board of Supervisors
FROM: Public Works & Parks
John Diodati, Director of Public Works & Tanya Richardson, Director of Parks DATE: 10/29/2024
SUBJECT: Request to receive an update on the status and give staff direction on options to proceed with the Bob Jones Pathway Gap Closure Project in order to meet the grant funding timeline for the Bob Jones Pathway from the Octagon Barn to Ontario Road Project, Avila.
RECOMMENDATION
It is recommended that the Board, receive an update from staff on the status of the Bob Jones Pathway Gap Closure Project and direct staff to either:
1) Request approval from the California Transportation Commission at their January 2025 meeting to phase the Project in order to align with the proposed Caltrans right-of-way alignment proposal or
2) Return the balance of the $18.25 million Active Transportation Program grant, and direct staff to continue to pursue necessary right-of-way acquisition and then re-apply for future grant funding to complete the Project.
DISCUSSION
The County has been working to complete the Bob Jones Pathway Gap Closure Project (Project) between the Octagon Barn in San Luis Obispo and Ontario Road parking lot in Avila for many years. Preparation of the Environmental Impact Report (EIR) began in 2010, with the Board approving the EIR and proposed pathway route along the northbound side of Highway 101 on February 24, 2015. Project design for the 4.5- mile pathway gap closure began with the Board’s approval of a design contract on July 10, 2018.
The County operates and maintains approximately 2.5 miles of existing Bob Jones Pathway extending from the County’s Ontario Road staging area westward to Avila Beach. The proposed 4.5-mile gap closure will connect the Land Conservancy Octagon Barn in San Luis Obispo, where the County has constructed a public parking lot and staging area, to the County’s Ontario Road staging area, completing the linkage from city to sea, which will provide commuting, economic, and health benefits to the residents and visitors of San Luis Obispo County.
This active transportation improvement will provide a separated Class I (off-street) multi-use pedestrian and bicycle pathway for recreational and alternative transportation use that will connect San Luis Obispo and Avila Beach. The Project will complete a key link in the alternative transportation corridor connection between San Luis Obispo and the Five Cities area with a safe, vehicle free, route for commuting by bicycle as the advancement of battery assisted bicycles now make this a feasible option for a larger segment of the population.
Current Status
To date, Project development has been delayed due to right of way issues, specifically at the Bunnell property. On July 16 of this year, staff brought forward 11 right of way and easement access agreements along the proposed alignment. These were approved by your Board and represent a majority of the property owners along the alignment. An easement through the Bunnell property is necessary to complete the Project, and the Project team had continued to work with the property owner in the hope of reaching an agreement. However, the property owner has indicated that they will not grant an easement for the Project. Without an easement agreement with this property owner, the Project, as currently planned, will not be able to meet the Active Transportation Program (ATP) grant funding timelines to submit documentation of being ready for construction by February 2025 and is at risk of losing the balance of the unspent $18.25 million in grant funds.
In order to move the Project forward in a timely manner, on August 20 of this year, Public Works held a hearing for your Board to consider a Resolution of Necessity to acquire 1.2 acres of the 146-acre Bunnell parcel. Approval of a Resolution of Necessity requires a 4/5th vote, and with only 3 affirmative votes, approval of the resolution failed. After the vote, your Board approved a motion to direct staff to see if another path forward is feasible and return with any suggestions staff would have to complete the Project.
This staff report is in response to the direction given on August 20, 2024.
In 2023 staff evaluated similar options after your Board directed staff to present options to amend the scope of the Project to “avoid construction on the Bunnell property”, while still utilizing the ATP grant for gap closure. Staff returned to your Board in November of 2023 and received direction to apply for a scope change with the State of California Transportation Commission (CTC) by developing a safe crossing to Ontario Road and utilizing Ontario Road as a temporarily gap closure. This would have allowed for grant funds to be expended in time, a considerable amount of new Class 1 pathway to be constructed, and the ability to pursue all right of way acquisitions before the February 2025 deadline stipulated by the grant.
Unfortunately, since the scope change eliminated approximately 2 miles of a Class I pathway and proposed to replace it with Class II lanes, it did not meet the safety benefits of the original grant proposal. The County was informed by CTC staff that this would not be supported as a scope change and this alternative was not pursued any further.
However, during investigation of this alternative, Caltrans believed they had an opportunity to obtain statewide funding to construct the gap within their right of way on the northbound portion of US 101.
Caltrans was unable to secure funding, so this alternative was not pursued any further, but it presented an opportunity that had not been considered before.
Current Alternatives to Consider
There are two alternatives to consider: 1) returning the grant and delaying the Project or 2) proceeding with one final Project proposal to the CTC in order to phase the Project in collaboration with Caltrans and San Luis Obispo Council of Governments (SLOCOG). Given that delay of the Project is self-explanatory and most likely not the preferred choice, this report will only discuss the feasibility of the phased proposal.
After the CTC determination that Ontario Road was infeasible and Caltrans was unable to secure statewide funding, discussion with staff from Parks, SLOCOG, Caltrans, and Public Works continued in an attempt to find an alternative solution. Caltrans proposed to use their discretionary State Highway Operation and Protection Program (SHOPP) funds for construction in their right of way on US 101, which would allow the County to use the ATP grant, with SLOCOG funding, to construct a north and south ‘bookends’. This would create two phases of a Project but still ensure gap closure and meet the intent of the original grant application. Caltrans’ proposal is explained in a letter which is provided as Attachment 3. This proposal would avoid the Bunnell property and provide for a complete Project.
Next Steps
In order to move forward with this proposal, staff will still need to obtain approval of a scope change or a phased Project from the CTC. Several conditions must be met in order to have the highest probability of success for CTC approval:
1) Submittal of 95% Plans, Specifications & Estimates (PS&E) and a Right of Way Certification for Caltrans review of the County’s “Ready for Construction” status by January 27, 2025; and 2) Demonstration of a ‘complete’ Project with no gaps by way of the north and south bookends with the ATP funds and central portion through the Caltrans proposal; and 3) Identifying the funding necessary to implement the ‘complete’ Project.
Ready for Construction: The Wallace Group is the design engineering firm for the Project and has committed delivering 95% PS&E by the required due date. This is an important schedule milestone to meet as it ensures the County does not need to ask for a grant time extension. Feedback from CTC staff is that no additional time extensions will be supported. In order to prevent the County from spending grant funds on design, SLOCOG has obligated up to $500,000 to fund the Wallace Group design contract to 95% PS&E.
The County must also submit a Right of Way Certification which documents that all right of way necessary for the planned work has been acquired and all utility conflicts have been coordinated with the utility owners. Finishing the design and completing the final right of way acquisitions will enable the County to be ready to construct by the grant deadline.
Complete Project: Feedback from the CTC since the Ontario Road proposal is that any change to the Project needs to demonstrate that a full Class 1 linkage is provided after construction. This will be accomplished by completing the Project into phases. The first phase would be the north and south ‘bookends’ funded primarily by the ATP grant, with phase 2 closing the bookend gap within the Caltrans right of way and with their local SHOPP funding as outlined in their letter. SLOCOG funds approved for the Project would be used to supplement portions of each phase. Due to the timing of the SHOPP funds, phase 2 would start after phase 1.
Fully Funded: An additional requirement is to demonstrate to the CTC that the two phases are also feasible because they have sufficient funding. At their August meeting, SLOCOG increased funding by $7,000,00 in order to fully fund the Project. Preliminary cost estimates by The Wallace Group have suggested that the cost of the Project has increased. Due to the last few years of delay and Project pauses, there is a concern that cost escalation could exceed Project funding. Staff will have a lower probability of obtaining CTC approval for the phased Project if the additional funding is not obtained or the Project scope is amended to bring it down to funding level.
Ongoing Risks
Design and Right of Way: If the Wallace Group is unable to meet the required design deadline, or property acquisitions are not completed by the required deadline, the Project will not be able to receive approval from Caltrans and meet grant funding deadlines. Right of way purchase agreements must be reached several weeks prior to January 27 to ensure that the acquisitions will be fully completed and escrow closed prior to the submittal deadline. Failure to make this date will result in the forfeiting the grant funds and the Project being delayed indefinitely. Expenditures to-date may have to be returned as well. There is one property that still needs to negotiate a right of way easement. This property is adjacent to the existing Bob Jones Trail parking lot on Ontario Road. Staff was in active negotiations and had provided the owner an appraisal. The owner countered with their own independent appraisal. Unfortunately, staff was notified on October 14 that this property owner has sold their property. Successfully negotiating with a new property owner by January 27 could be a significant risk.
Funding Plan: This remains a risk, but the Project can continue with a phased approach until the CTC meeting. If necessary, staff will continue to identify funding sources or value engineer the Project striving for full funding or the establishment of a feasible funding plan.
Environmental Permitting: Environmental permits were submitted to the resource agencies but placed on ‘hold’ while the Project was in limbo over the last year. In order to initiate agency review, design needs to move forward closer to 95% and processing fees of $100,000 provided to the relevant agencies. Since Project alignment is still evolving and there is potential for some value engineering, staff is going to continue to hold the permits until after the CTC January meeting.
Bunnell Alignment
The alignment on the Bunnell property remains the preferred alternative because it is located in a manner that will be most compatible with the greatest public good and the least private injury.
The alignment is located further away from the freeway, providing a protected, non-motorized travel choice between the City of San Luis Obispo and south county communities at a lower cost, and provides a fire break for fires started on the US 101 shoulder. However, given the inability to obtain another time extension from the CTC, it is infeasible to continue pursuing the Bunnell alignment at this time, and the Caltrans alignment adjacent to US 101 should be considered even though it does not provide as much public benefit as the preferred alternative.
Next Steps
If your Board chooses to pursue this Project phasing proposal, staff recommends that direction is given to request approval from the California Transportation Commission at their January 2025 meeting to phase the Project in order to align with the proposed Caltrans right of way alignment proposal. This would consist of the following tasks:
• Work with SLOCOG on reaching 95% PSE on the bookends
• Continue right of way acquisition on the remaining parcels • Submit ‘ready to construct’ documents to Caltrans within the ATP grant deadlines • Request a phased Project at the CTC’s January meeting • Continue to develop a funding plan for a fully funded Project
OTHER AGENCY INVOLVEMENT/IMPACT
Caltrans approved a Categorical Exclusion under the National Environmental Policy Act (NEPA) on January 23, 2018. Caltrans will issue an encroachment permit to the County prior to the construction of this Project. The encroachment permit will allow temporary access for the County’s future construction contractor onto State property to construct portions of the Project that are within or abut directly against State right of way.
Caltrans is administering the $18,248,000 of ATP Cycle 5 Grant Funding for the right of way, design engineering, and construction phase of this Project. Portions of the pathway along the southern extent of the Project will be constructed on State land that will be relinquished from the State to the County upon completion of the construction phase.
San Luis Obispo Council of Governments is providing regional funding for Project design development and is an agency partner towards delivery of this Project.
FINANCIAL CONSIDERATIONS
The Board accepted the CTC’s ATP grant funding in the amount of $18,248,000 on July 13, 2021. Of this $18.25 million, $2.3 million has been allocated and authorized to reimburse engineering costs associated with planning, design, and right-of-way. Another $15.9 million has been programmed, but not yet authorized for the construction phase of the Project.
Of the authorized $2.3 million, Public Works has spent $1,381,282 and received $803,257 in reimbursements through grant billing. At previous Board meetings, staff has advised the Board that should the Project not move forward, the County may be required to return a substantial amount of the grant funds expended and would forfeit the balance of grant funds.
In addition to support from the CTC, the County has spent $6.8 million in County funds, community donations, and State and Federal grants since 2002. The Project has made considerable progress with this significant investment, a feat made possible by local, state, and national resources. Previous grant funding that would be in jeopardy of needing to be reimbursed to grantors if the County does not deliver construction of the Project is approximately $2.0 million.
SLOCOG is taking the lead on ‘at-risk’ funding of the design contract. Updated cost estimates are still being refined, however, as discussed earlier, there is a concern around cost escalation due to continued Project delivery delays. Earlier this year, the Wallace Group estimated total Project construction costs for the full alignment was $22,000,000. Very preliminary estimates for the central portion in Caltrans right of way are $10,000,000. There will be more certainty around total estimated cost as the Project team works to refine these numbers. If staff believes the Project is fully funded prior to the CTC meeting, they will proceed to move forward under current direction. If there is a funding gap identified that needs to be reconciled, they will return to your Board prior to the CTC meeting for a discussion on the funding issues.
In addition to the impact on the General Fund, returning ATP grant funds or failing to deliver this Project will adversely affect the County’s ability to successfully secure future ATP grants. ATP grants are competitive awards rather than guaranteed allocations and the County’s capability to deliver ATP projects is a consideration in future application determinations. The County will have to disclose that funding was returned for the Project on future grant applications and will receive fewer overall points in the scoring system, making the County less competitive comparatively. Potential County projects that rely on the CTC as a funding source will be at a disadvantage for years to come.
RESULTS
This is most likely the last opportunity to use the awarded grant funds for this Project. The desired result is to leverage state grant funds to improve the pedestrian and bicycle connection between Avila Beach and San Luis Obispo, supporting the County’s vision of providing a healthy and livable community while improving regional non-modal transportation linkages.
ATTACHMENTS
1 Vicinity Map
2 3
PowerPoint Presentation
Caltrans Project Proposal Letter
File: 320096
Reference: 24.143
G:\AdminServ\MANAGEMENT\J. Diodati\BOS\Bob Jones Pathway Gap Closure Project\Board Letter 24.143.docx
COUNTY OF SAN LUIS OBISPO
BOARD OF SUPERVISORS
AGENDA ITEM TRANSMITTAL
(1) DEPARTMENT
Public Works
(2) MEETING DATE
1/14/25
(3) CONTACT/PHONE
John Diodati, Director of Public Works
(805) 781-5252
Tanya Richardson, Director of Parks
(805) 781-5930
(4) SUBJECT
Request to: 1) receive an update on the scope change application for the Bob Jones Pathway Gap Closure Project (Project) and direct staff to advocate for project approval at the January 2025 California Transportation Commission (CTC) hearing; 2) adopt a resolution of support for the Project; and 3) authorize a related budget adjustment in the amount of $5,000,000 from the Capital Projects Fund Facilities Planning Designation to Fund Center (FC) 230 – Capital Projects WBS 320096 - Bob Jones Pathway Gap Closure Project, by 4/5 vote. (Public Works and Parks) (5) RECOMMENDED ACTION
It is recommended that the Board:
1. Receive an update from staff on the status of the Bob Jones Pathway Gap Closure Project (Project) scope change application to the California Transportation Commission (CTC) and direct staff to: advocate for project approval at the January 2025 CTC hearing;
2. Adopt the attached resolution in support of the Project; and
3. Approve a budget adjustment in the amount of $5,000,000 from the Capital Projects Fund Facilities Planning Designation to Fund Center (FC) 230 – Capital Projects WBS 320096 - Bob Jones Pathway Gap Closure Project to WBS 320096, by 4/5 vote.
(6) FUNDING SOURCE(S)
Facilities Planning Designation
(7) CURRENT YEAR FINANCIAL
IMPACT
$5,000,000
(8) ANNUAL FINANCIAL
IMPACT
N/A
(9) BUDGETED?
no
(10) AGENDA PLACEMENT
{ } Consent { } Presentation { } Hearing (Time Est. _______) {X} Board Business (Time Est. 60 min) (11) EXECUTED DOCUMENTS
{X} Resolutions { } Contracts { } Ordinances {} N/A
(12) OUTLINE AGREEMENT REQUISITION NUMBER (OAR)
N/A
(13) BUDGET ADJUSTMENT REQUIRED?
BAR ID Number: 2425162
{X} 4/5th's Vote Required { } N/A
(14) LOCATION MAP
Attached
(15) BUSINESS IMPACT STATEMENT?
No
(16) AGENDA ITEM HISTORY
{ } N/A Date 10/29/24 #15; 8/20/24 #35;
7/16/24 #16; 5/21/24 #40; 11/7/23 #21;
(17) ADMINISTRATIVE OFFICE REVIEW: Zachary A. Lute
(18) SUPERVISOR DISTRICT(S)
Reference: 25.007
COUNTY OF SAN LUIS OBISPO
TO: Board of Supervisors
FROM: Public Works
John Diodati, Director of Public Works
Tanya Richardson, Director of Parks
DATE: 1/14/2025
SUBJECT: Request to: 1) receive an update on the scope change application for the Bob Jones Pathway Gap Closure Project (Project) and direct staff to advocate for project approval at the January 2025 California Transportation Commission (CTC) hearing; 2) adopt a resolution of support for the Project; and 3) authorize a related budget adjustment in the amount of $5,000,000 from the Capital Projects Fund Facilities Planning Designation to Fund Center (FC) 230 – Capital Projects WBS 320096 - Bob Jones Pathway Gap Closure Project, by 4/5 vote. (Public Works and Parks)
RECOMMENDATION
It is recommended that the Board:
1. Receive an update from staff on the status of the Bob Jones Pathway Gap Closure Project (Project) scope change application to the California Transportation Commission (CTC) and direct staff to:
advocate for project approval at the January 2025 CTC hearing;
2. Adopt the attached resolution in support of the Project; and
3. Approve a budget adjustment in the amount of $5,000,000 from the Capital Projects Fund Facilities Planning Designation to Fund Center (FC) 230 – Capital Projects WBS 320096 - Bob Jones Pathway Gap Closure Project to WBS 320096, by 4/5 vote.
DISCUSSION
The County has been working to complete the Bob Jones Pathway Gap Closure Project (Project) between the Octagon Barn in San Luis Obispo and the County’s Ontario Road staging area near Avila Beach for many years. Preparation of the Environmental Impact Report (EIR) began in 2010, with the Board approving the
EIR and proposed pathway route along the northbound side of Highway 101 on February 24, 2015.
Project design for the 4.5-mile pathway gap closure began with the Board’s approval of a design contract on July 10, 2018. In 2021, $18,248,000 of Active Transportation Program (ATP) Cycle 5 Grant Funding was awarded by the CTC to fund Project development and construction costs.
The County operates and maintains approximately 2.5 miles of existing Bob Jones Pathway extending from the County’s Ontario Road staging area westward to Avila Beach. The proposed 4.5-mile gap closure will connect the Land Conservancy Octagon Barn in San Luis Obispo, where the County has constructed a public parking lot and staging area, to the County’s Ontario Road staging area completing the linkage from city to sea, which will provide commuting, economic and health benefits to the residents and visitors of San Luis Obispo County.
This multi-modal transportation improvement will provide a separated Class I (off-street) multi-use pedestrian and bicycle pathway for recreational and alternative transportation use that will connect San Luis Obispo and Avila Beach. The Project will complete a key link in the transportation corridor connection between San Luis Obispo and the Five Cities area with a safe, vehicle free, route for commuting by bicycle. The advancement of battery assisted bicycles now makes this a feasible option for a larger segment of the population.
To date, project development has been delayed due to right-of-way issues, specifically at the Bunnell property. An easement through the Bunnell property was necessary to complete the Project under the proposed alignment, and the Project team attempted to work with the property owner in the hope of reaching an agreement.
However, the property owner indicated that he would not grant an easement for the Project. In order to move the Project forward in a timely manner to meet ATP grant deadlines, on August 20, 2024, Public Works held a hearing for your Board to consider a Resolution of Necessity to acquire 1.2 acres of the 146-acre Bunnell parcel. Approval of a Resolution of Necessity requires a 4/5 vote, and with only three affirmative votes, approval of the resolution failed. After the vote, your Board approved a motion to direct staff to see if another path forward is feasible and return with any suggestions staff would have to complete the Project.
Staff returned to your Board on October 29, 2024, and discussed the options moving forward, which were limited to 1) returning the ATP grant and delaying the Project indefinitely, or 2) proceeding with one final Project proposal to the CTC in order to phase the Project in collaboration with Caltrans and San Luis Obispo Council of Governments (SLOCOG).
Your Board gave direction to pursue the Project phasing proposal, which included a request for approval from the CTC at their January 30-31, 2025, meeting and to develop a funding plan for a fully funded Project.
After extensive collaboration with SLOCOG and Caltrans (District 5 and ATP) staff, the following phasing plan was developed as the most likely to receive CTC approval. Phase 1, which must be ready for construction in 2025, completes the northern portion from the Octagon Barn to Cloverridge Lane using ATP grant funds. Phase 2 will construct the southern portion in 2027-2028, partially in Caltrans right of way adjacent to U.S. 101, continuing to the Ontario Road staging area.
Staff has submitted the necessary documents to Caltrans and the CTC for placement on the January meeting agenda. At this time, staff believes their response to the recommendation will be positive; however, in discussions with Caltrans and CTC staff, this is dependent on showing a fully funded Project.
At the moment, Phase 2 of the Project currently has an approximate $5 million funding shortfall. Both SLOCOG and Caltrans have increased their contributions to the Project and do not have any other funding available. This means the County will need to allocate the necessary funding for the recommended scope change to feasibly be approved by the CTC at the January hearing.
It is recommended that your Board increase the Project budget by $5 million by moving funds from the Capital Projects Fund Facilities Planning Designation into the Project budget.
Additionally, Caltrans and CTC staff have requested that your Board adopt a resolution of support for this project. The attached resolution demonstrates your support for the Project, including the additional financial allocation made into the Project to ensure that it is fully funded.
The resolution and information on the additional funding allocation will be provided to Caltrans and the CTC for inclusion in their staff report at the January CTC meeting.
OTHER AGENCY INVOLVEMENT/IMPACT
Caltrans approved a Categorical Exclusion under the National Environmental Policy Act (NEPA) on January 23, 2018. Caltrans will issue an encroachment permit to the County prior to the construction of this Project. The encroachment permit will allow temporary access for the County’s future Construction contractor onto state property to construct portions of the project that are within or abut directly against State right of way.
Caltrans is administering the $18,248,000 of ATP Cycle 5 Grant Funding for the right of way, design engineering, and construction phase of this Project. Portions of the pathway along the southern extent of the Project will be constructed on State land that will be relinquished from the State to the County upon completion of the construction phase. Caltrans has also agreed to participate in the project and has committed $6 million toward design and construction of portions of the project that are within State right of way.
SLOCOG is providing regional funding for project design development and is an agency partner towards delivery of this Project.
SLOCOG is also managing the U.S. 101 Corridor Plan for southern San Luis Obispo County. The corridor plan is designed to reduce congestion between San Luis Obispo and the Five-Cities areas through implementation of multiple projects along the corridor totaling more than $160 million. These projects encourage carpooling and active transportation to reduce vehicle trips, in addition to new infrastructure to handle traffic more efficiently. The projects are funded through a combination of Federal, State, regional and local funds. The Bob Jones Project is a key component of the corridor plan, with $43.3 million invested or committed by multiple agencies toward a total estimated cost of $48.3 million, as shown on the charts below.
FINANCIAL CONSIDERATIONS
Capital Project 320096 has a current appropriation of $5,084,427, which is for pre-construction work and funded by $2,295,000 in ATP grants, $1,250,000 in Regional State Highway Account grants, $822,999 in California Department of Fish & Wildlife grants, $334,904 in Parks Public Facility Fees, $235,582 in the California Department of Transportation Federal Highway Administration grants, and $145,672 in PG&E Mitigation revenue.
For the construction phase, another $15,953,000 in ATP grant funding has been approved, but not yet appropriated for the construction phase of the project. Approximately $15.6 million of additional funding is planned to be appropriated by SLOCOG and Caltrans in future fiscal years, leaving a projected $5,000,000 funding gap for the estimated $36.5 million cost to construct Phases 1 and 2.
The Board accepted the CTC’s ATP grant funding in the amount of $18,248,000 on July 13, 2021.
In addition to support from the CTC, the County has spent over $9 million in County funds, community donations, and State and Federal grants since 2002. The Project has made considerable progress with this significant investment, a feat made possible by local, State, and Federal resources.
In addition to the impact on the General Fund, returning ATP grant funds or failing to deliver this project will adversely affect the County’s ability to successfully secure future ATP grants. ATP grants are competitive awards rather than guaranteed allocations, and the County’s capability to deliver ATP projects is a consideration in future application determinations. The County will have to disclose that funding was returned for the Project on future grant applications and will receive fewer overall points in the scoring system, making the County less competitive comparatively. Potential County projects that rely on the CTC as a funding source will be at a disadvantage for years to come.
RESULTS
Providing the recommended resolution of support and budget adjustment will allow County staff to continue working with funding agencies to keep the Project moving forward. The ultimate result is to improve the pedestrian and bicycle connection between Avila Beach and San Luis Obispo, supporting the County’s vision of providing a healthy and livable community while improving regional non-modal transportation linkages.
ATTACHMENTS
1 Vicinity Map
2 Resolution of the Board of Supervisors Proclaiming Their Support for the Completion of the Bob Jones Trail Gap Closure, Phasing Proposal and Funding Plan
File: 320096
Reference: 25.007
Item 5e
Department: Information Technology
Cost Center: 1101
For Agenda of: 2/4/2025
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Joshua Erquiaga, Information Technology Manager SUBJECT: SURPLUS DESIGNATION OF RADIO INFRASTRUCTURE EQUIPMENT
RECOMMENDATION
Authorize the surplus designation of radio backend equipment and disposal of the equipment through a combination of transfer to California Polytechnic State University San Luis Obispo (Cal Poly), transfer to the Cal Poly Radio Club, and auction in accordance with the City’s policies and procedures as prescribed in the Financial Management Manual Section 480-A and 480-B.
POLICY CONTEXT
In compliance with the City’s Charter Section 906, policies and procedures that govern how surplus materials are disposed of are provided in Section 480-A and 480-B of the Financial Management Manual. The equipment recommended for surplus is no longer used and is ready to be designated as surplus. These items have an estimated value of more than $1,000 and, therefore, require Council approval before they can be designated surplus.
DISCUSSION
Background
The City has policies and procedures governing the designation of surplus items. This report discusses the radio backend infrastructure no longer used by the Information Technology Division (IT), which has been assessed to have sufficient value to require Council approval prior to a surplus designation.
Item 5e
The radio backend equipment requested for surplus was put into operation in 2010 to serve the communication needs of the City’s first responders and frontline personnel.
Upon entering 11 years in service, IT staff started experiencing issues with sourcing replacement parts for portions of the system as they failed. This was anticipated based on the projected lifecycle, with a planned replacement Capital Improvement Project (CIP) for the radio backend infrastructure in the 2017-19 Financial Plan. The project was not executed until 2021, with the South Hills Radio Tower and Shelter Replacement taking precedence. The radio backend replacement project reached completion in Fall 2021, replacing the QS2 Public Safety Radio System. This rendered the requested surplus equipment (listed below) obsolete.
Surplus Equipment List:
Manufacturer Model Estimated Value Quantity Total
Tait TB9100 1 $ 700.00 1 $ 700.00
Tait TB81002 $ 500.00 38 $ 19,000.00
Raytheon JPS SNV-12 3 $ 400.00 10 $ 4,000.00
Tait QS2 Central Processor 4 $ 250.00 8 $ 2,000.00
Tait T801 Reference 5 $ 100.00 3 $ 300.00
Grand total $ 26,000.00
1 The Tait TB9100 is a P25-capable base station with analog support. The P25 standard refers to a two-way radio that adheres to the "Project 25" standard, which is a set of standards designed to ensure interoperability between different public safety agencies' radio systems, allowing them to communicate effectively during emergencies across various departments like police, fire, and EMS. The TB9100 consolidated many of the features found in other pieces of equipment into one chassis, thus reducing cost and space requirements.
2 The Tait TB8100 base stations are analog base stations with P25 support but require additional hardware to support digital transmissions. Most of the City’s previous radio system was built to be analog only, and these base stations were used heavily. 3 The Raytheon JPS SNV-12 is a signal and noise voter required for proper voting of signal strength provided by TB8100 units in a simulcast system. Units will analyze inbound signals to determine which base station is receiving the best quality signal to prevent multiple audio paths and ensure only the best signal is selected. 4 The Tait QS2 Central Processor is used in analog radio systems to process simulcast transmissions, ensuring that all transmit sites send synchronized signals to prevent garbled transmissions.
5 The Tait TB801 Frequency Reference Module was used to maintain the frequency of TB8100 and TB9100 base stations at each transmit site, providing pulse per second (PPS) timing and global positioning system (GPS) site synchronization to ensure reliable and synchronized transmissions.
Item 5e
Collectively, the current value of the radio backend equipment parts is estimated at $26,000. Staff are requesting authorization to dispose of the equipment by three methods:
- Transfer to California Polytechnic State University, San Luis Obispo (Cal Poly) - Transfer to Cal Poly Radio Club
- Auction
Transfer to California Polytechnic State University San Luis Obispo California Polytechnic State University San Luis Obispo (Cal Poly) currently uses the surplus models of Tait radio equipment to maintain radio communications on campus for operational departments and the University Police Department. This equipment is also used for communication with City Fire and Police Departments when providing service on campus. Cal Poly Information Technology Services (ITS) has indicated that the surplus models would be beneficial and support their ongoing operations. As such, the following subset of equipment is recommended for transfer to Cal Poly ITS:
Manufacturer Model Estimated Value Quantity Total
Tait TB9100 $ 700 1 $ 700
Tait TB8100 $ 500 10 $ 5,000
Raytheon JPS SNV-12 $ 400 5 $ 2,000
Grand Total $ 7,700
In exchange for the value of the equipment provided, Cal Poly ITS staff have agreed to provide a corresponding amount of in-kind service for specialized support of City radio systems. Cal Poly has a certified radio support staff person with the ability to provide support that would otherwise require the City to work with an outside contractor and will therefore provide a small budget savings.
Transfer to Cal Poly Radio Club
The California Polytechnic State University Amateur (Ham) Radio Club (the Club) has a long tradition of providing communications services on campus and in San Luis Obispo County. Their club station, W6BHZ, is equipped with high-frequency radio transceivers capable of worldwide communications. The station also acts as a San Luis Obispo County Emergency Communications Center, as it is fully equipped with emergency power and radio equipment to support various public safety agencies in the event of a disaster. The club trains routinely with local agencies in mock-disaster situations. It has provided emergency communications during the Highway 41 Fire, the Loma Prieta earthquake, and other local and statewide disasters. The club also supports non-emergency events such as bicycle races, triathlons, and parades. Club radio operators maintain communications both for event logistics and medical emergencies. The Club’s current equipment inventory is significantly dated compared to the proposed surplus equipment.
This donation would serve as an upgrade in addition to providing replacement parts. This will allow the Club to better serve the community when called upon, especially in disaster situations. The following subset of equipment is recommended for transfer to the Club: