San Luis Obispo City Council
September 16, 2025

SLO PCE Prop 1 Round 3 Implementation
City of San Luis Obispo | 51
− Results of mechanical grading analyses for selected drill cuttings and gravel pack material.
− Copies of drilling contractor field records.
− Copies of well construction, development, and aquifer testing field forms. − Copies of plumbness and alignment test logs, post-construction video log, and well disinfection log.
− Analyses and results of post-construction pumping tests. • Prepare final well construction summary reports incorporating City review comments.

Deliverables:
(1) Draft and final well construction summary reports.

Optional Task 3 As-Needed Support
O3.1 As-Needed Well Drilling Support
 Provide as-needed services to support management, administration, and oversight of well drilling contractors by City staff.

O3.2 Unscheduled Meetings Allowance
 Attend additional meetings not included in the base scope of work as requested by the City to facilitate implementation of the program.

O3.3 As-Needed Technical Support
 Provided as-needed technical support for Grant administration, regulatory agency coordination, and other tasks when requested by the City.

Item 6g
Department: Administration
Cost Center: 1021
For Agenda of: 9/16/2025
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Sara Armas, Deputy City Clerk
SUBJECT: ADVISORY BODY APPOINTMENTS FOR UNSCHEDULED VACANCIES

ON THE ADMINISTRATIVE REVIEW BOARD AND MASS

TRANSPORTATION COMMITTEE

RECOMMENDATION
Confirm the appointment of Jim Gardiner to the Administrative Review Board (ARB) and Stone Ramage to the Mass Transportation Committee (MTC).

POLICY CONTEXT
The Advisory Body Handbook outlines the recruitment procedures, membership requirements, and term limits for City advisory bodies. The Handbook also contains the bylaws for each City advisory body, some of which include additional membership requirements. The City Council Policies and Procedures Manual describes the “Appointment Procedure” and “Process” for Advisory Body appointments. Recruitment and appointment recommendations were performed in conformance with all recruitment procedures, processes, and bylaws found in these resources.

California Government Code Section 54972, Local Appointments List (Maddy Act) requires that on or before December 31st of each year, each legislative body shall prepare an appointments lists for their boards, commissions, and committees whose members serve at the pleasure of the legislative body. This obligation was met and is on-going.

DISCUSSION
Administrative Review Board
The ARB is a three-member advisory body that acts as the final decision maker for City administrative appeal hearings relating to administrative citations issued for certain contested San Luis Obispo Municipal Code enforcement. A position on the ARB became vacant in October 2024 due to the resignation of one of its previous members.

Item 6g
Despite receiving a number of applications during the annual advisory body recruitment period, the Council Liaison Subcommittee assigned to the ARB, Mayor Stewart and Council Member Francis, were unable to recommend a qualified applicant for appointment at that time. The Clerk’s Office continued the recruitment process for the ARB after completion of the annual advisory body recruitment had ended.

After several months, one application was received that met membership qualifications.

Upon Council Liaison Subcommittee review, Mayor Stewart and Council Member Francis recommend Jim Gardiner to fill the vacant term ending March 31, 2027.

Mass Transportation Committee
The MTC is a seven-member advisory body consisting of a Cal Poly employee representative designated by Cal Poly; a Cal Poly student representative designated by Associated Students, Inc. (ASI); one person 62 years of age or older; one person from the business community; one person with technical transportation planning experience; one disability community representative; and one member-at-large. The Clerk’s Office received a formal resignation from the Cal Poly student representative.

Upon receipt of the resignation, the Clerk’s Office notified ASI regarding the unscheduled vacancy. ASI promptly began their formal recruitment process to find a new student representative. The formal job posting was listed on the City’s Job Opportunities page, and two applications were received and forwarded to ASI for review. ASI responded with a formal endorsement of Stone Ramage as the Cal Poly representative for the MTC. With review of their application and consideration of the ASI endorsement, the Council Liaison Subcommittee assigned to the MTC, Mayor Stewart and Council Member Boswell, recommend Stone Ramage for appointment to a 2-year term, expiring September 15, 2027.

Public Engagement
Following Maddy Act guidelines, notices were posted in the City Information kiosk outside City Hall and on the Advisory Body Vacancies page of the City’s website alerting the public that the City was accepting applications for various unscheduled vacancies.

Additionally, the Communications Team sent out an e-notification to City website subscribers and posted on the City’s social media accounts regarding open Advisory Body positions. The public will also have the opportunity to provide public comment before or at the City Council meeting on September 16, 2025.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to the recommended action in this report, as the action does not constitute a “Project” under CEQA Guidelines Section 15378.

Item 6g

FISCAL IMPACT
Budgeted: No Budget Year: 2025-26
Funding Identified: No
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ N/A $ $ $
State
Federal
Fees
Other:

Total $N/A $ $ $
There is no fiscal impact associated with this action.

ALTERNATIVES
Council could recommend changes to the recommended appointments or direct staff to re-open recruitment for additional candidates.

City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: September 16, 2025
TO: Mayor and Council
FROM: Aaron Floyd, Interim Director of Public Works
Prepared By: Madeline Kacsinta, Capital Improvement Program Administrative Manager VIA: Whitney McDonald, City Manager
SUBJECT: ITEM 6h – AUTHORIZATION TO ENTER INTO A CONTRACT WITH PGE

TO PARTICIPATE IN THE EV FLEET PROGRAM
Staff would like to correct a typographical error identified in the staff report for Item 6h.

The correction is noted below:
1) Correction to Agenda Item 6h (Page 320 of the Agenda Packet):

Under the Discussion section, the report currently states:
“The City Council adopted Resolution No. 11159 (2020 Series) which establishes a goal of community wide carbon neutrality by 2025, with municipal operations being carbon neutral by 2030.”
This contains a typo. It should read:
“The City Council adopted Resolution No. 11159 (2020 Series) which establishes a goal of community wide carbon neutrality by 2035, with municipal operations being carbon neutral by 2030.”

Item 6h
Department: Public Works
Cost Center: 9501
For Agenda of: 9/16/2025
Placement: Consent
Estimated Time: NA
FROM: Aaron Floyd, Interim Public Works Director
Prepared By: Madeline Kacsinta, Capital Improvement Program Administrative Manager SUBJECT: AUTHORIZATION TO ENTER INTO A CONTRACT WITH PGE TO

PARTICIPATE IN THE EV FLEET PROGRAM

RECOMMENDATION

1. Authorize the City Manager to execute and return the PG&E EV Fleet Program Letter of Commitment and Program Terms and Conditions (“Contract”) for the Corporation Yard Electric Vehicle Charging Project; and

2. Authorize the City Engineer to execute easements with PG&E, in a final form approved by the City Attorney, to support utility infrastructure improvements installed under the PG&E EV Fleet Program.

REPORT-IN-BRIEF
The City’s Lead by Example 2025–29 Work Program and 2025–27 Financial Plan include a Capital Improvement Project to install high-power Level 3 and additional Level 2 electric vehicle (EV) chargers at the Corporation Yard in support of fleet electrification goals. This charging project requires a PG&E service upgrade due to the increased electrical load.

Through the California Public Utilities Commission’s PG&E EV Fleet Program, the City has been approved to receive a no-cost “front of meter” service upgrade and a $40,000 incentive toward charger installation.

Council approval is requested to execute the PG&E EV Fleet Program Letter of Commitment and Contract, committing the City to purchase and provide a minimum of ten electric vehicles at the site by 2029, authorizing program participation, and delegating authority to staff to grant a future PG&E easement for the installed utility infrastructure.

This action advances adopted sustainability and fleet electrification goals while leveraging external funding to reduce project costs.

City-funded installation of chargers (behind-the-meter work) will be procured in accordance with the City’s Purchasing Manual and Municipal Code, with total estimated cost of $400,000 included in the Capital Improvement Plan (CIP) budget in FY2026-27.

Item 6h

POLICY CONTEXT
Municipal Code Section 3.24.040 requires the adoption of a comprehensive Purchasing Manual, which, together with the City Charter and Financial Management Manual, forms the City’s purchasing control system. The Purchasing Manual, Section 202, establishes competitive bidding requirements and approval thresholds. For public works or professional service contracts valued at $200,000 or more, City Council approval via a Council Agenda Report is required before award.

Municipal Code Section 3.24.060 provides that competitive bidding is not required when the purchase is made cooperatively with another governmental entity, when the item can be obtained from only one source, or when the goods or services have been standardized Citywide.

Resolution No 11541 (2025 Series) adopts the Lead by Example 2025-29 Work Program, which includes:
 A goal of eliminating fossil fuel use in the City’s vehicle and equipment fleet  Sub-goals of achieving 100% all-electric light duty fleet vehicles and 50% zero emissions medium and heavy-duty vehicles
 Action Fleet 2.3, which directs the City to “Deploy the 2025-27 fleet charging infrastructure projects as outlined in the City of SLO EV Infrastructure Project Schedule while also regularly evaluating opportunities for innovation and increased system efficiency.
 Action Fleet 2.4, which directs the City to “Initiate PG&E EV Fleet program participation at sites with anticipated heavy duty electric vehicles for the purpose of upgrading ‘front of meter’ site infrastructure at no cost to the City.” Execution of the PG&E EV Fleet Program Letter of Commitment and Program Contract for the Corporation Yard service upgrade is tied to Project 2000513, Electric Vehicle Charging Stations, identified as a Capital Improvement Project in the adopted 2025–27 Financial Plan. The program is administered by PG&E under the California Public Utilities Commission, with PG&E performing all utility-side service upgrades at no cost to the City and providing an additional incentive toward EV charger installation. As the utility-side work is not City-procured, competitive bidding requirements do not apply. Any Cityfunded, behind-the-meter work will be procured in accordance with the thresholds and requirements of the City’s Purchasing Manual and Municipal Code.

DISCUSSION
The City Council adopted Resolution No. 11159 (2020 Series) which establishes a goal of community wide carbon neutrality by 2025, with municipal operations being carbon neutral by 2030. As part of this effort, the City has established fleet-related targets, including transitioning to 100% all-electric light-duty vehicles and ensuring that 50% of medium- and heavy-duty vehicles are zero-emission by 2030.

In support of these goals, the City developed a fleet charging infrastructure plan, which

Item 6h
includes high power Level 3 chargers and additional Level 2 chargers at the Corporation Yard (Project 2000513). The Corporation Yard Electric Vehicle Charging Project will introduce a significant electrical load, requiring a PG&E service upgrade. Under normal circumstances, these upgrades are paid for by the customer.

The California Public Utilities Commission (CPUC) developed the EV Fleet Program to accelerate fleet electrification. Through this program, PG&E provides the service upgrade at no cost and contributes a $40,000 incentive towards EV charger installation.

PG&E provides the service upgrade and $40,000 incentive to support state and CPUC goals for fleet electrification, while enabling predictable electrical load planning and establishing long-term relationships with municipal customers. This approach benefits PG&E by promoting efficient infrastructure deployment, increasing future electricity usage, and demonstrating leadership in clean energy initiatives.

Program Participation Timeline
 Early 2025: City inquired about the EV Fleet Program; invited to submit a nonbinding application.  March 2025: PG&E confirmed eligibility and initiated pre-contract work.  July 2025: PG&E’s design contractors visited the Corporation Yard to identify preferred distribution routes and equipment locations.
 August 8, 2025: PG&E provided the Letter of Commitment (Attachment A), the Contract to Participate (Attachment A), and the proposed site map (Attachment B).

Letter of Commitment
Consistent with CPUC requirements for program participation, the City is required to commit to purchasing ten electric vehicles by December 31, 2029, to utilize the chargers served by the PG&E infrastructure improvements at the Corporation Yard. This commitment applies to all vehicles purchased after March 3, 2025. To date, three electric vehicles have already been acquired since March 3rd and are currently stationed at the Corporation Yard. The remaining seven are included in the CIP and are planned for acquisition prior to December 31, 2029. The Letter of Commitment confirming that there will be at least ten electric vehicles purchased after March 3, 2025, to be charged at the Corp Yard is provided as Attachment A.

EV Fleet Program Terms and Conditions (“Contract”)
The EV Fleet Program Contract is provided in Attachment A, following the Letter of Commitment. The Contract is the same form that was approved by the City Council in November 2020 for the Transit Yard to participate in the EV Fleet Program.

By signing the Letter of Commitment and the Contract, the City confirms participation in PG&E’s Fleet Electrification Program. Under this agreement, PG&E is responsible for completing all necessary utility-side upgrades to provide adequate electrical capacity to the site, while the City is responsible for the following key requirements:

Item 6h

1. Procuring and installing seven dual-port level-2 chargers, two level-3 chargers, and one level-3 fast charger.

2. Covering PG&E’s costs if the City withdraws before the site is activated, including design and site walk fees.

3. Accepting that PG&E may conduct a comprehensive site walk and redesign the project if site conditions differ from expectations, and PG&E reserves the right to cancel participation if necessary.

4. Covering PG&E’s redesign or related expenses if changes to project scope or design are requested.

5. Submitting required documentation and moving the project forward within 90 days, or risk PG&E considering the project abandoned, cancelling participation, and recovering costs.

6. Ensuring EV chargers meet Safety Checklist and networking protocol requirements, and maintaining network connectivity for at least five years from activation.

7. Adhering to the specified vehicle purchase timeline to meet program and CPUC requirements, including procuring and charging at least 10 electric vehicles.

8. Operating and maintaining the EV Supply Equipment (EVSE) for the term of the agreement, including maintaining consistent uptime of the EVSEs at the direction of PG&E.

This summary outlines the City’s commitments under PG&E’s Fleet Electrification Program, including the potential costs and risks if program requirements are not met, as well as the City’s responsibilities for installing and maintaining the EV charging system.

The 2025–27 Financial Plan allocates $400,000 to Project 2000513 in fiscal year 2026– 27 to support charger installation at the Corporation Yard. The City is actively advancing the design phase now to ensure the project is prepared to move forward once PG&E completes its required utility-side upgrades. Construction and installation of the chargers are anticipated in FY 2026–27, timed with both the availability of funding and PG&E’s schedule.

PG&E Easement Deed
As identified in Figure 1, all PG&E infrastructure to be installed through the EV Fleet Program is located on City property. Given the need to access the EV Service Connection (i.e., front of meter) infrastructure, PG&E will require the City to grant an easement for access under the terms of the Contract. It is common for the City to provide PG&E with easements of this nature, as PG&E will not proceed with the installation of electrical service for the project without easement rights. Staff recommends that Council authorize the City Engineer to execute a future easement deed with PG&E for access to the City property identified in Figure 1 to install and maintain the infrastructure, in a final form approved by the City Attorney, which will be substantially similar to Attachment C.

Item 6h
Previous Council or Advisory Body Action
 November 17, 2020 – Council approved a similar Contract with PG&E for participation in the EV Fleet Program in support of infrastructure upgrades to serve the Transit Yard.
 February 4, 2025 – Council approved Resolution adopting the Lead by Example Plan and the previously mentioned fleet electrification goals.  June 17, 2025 – Council adopted the 2025-27 Financial Plan which includes the Corp Yard charging project in Fiscal Year 2026-27.

Public Engagement
During the 2025–27 Financial Planning Process, there were multiple opportunities for public input at City Council meetings. No additional public outreach was conducted specifically for this Contract, as it is considered an administrative item. However, extensive engagement occurred as part of the Lead by Example Plan and the Climate Action Plan processes, which identified the rapid implementation of an electric transit fleet as a foundational action to achieve the community’s sustainability goals.

CONCURRENCE
Administration, City Attorney’s Office, and Public Works staff concur with this report’s recommendations.

ENVIRONMENTAL REVIEW
This project is exempt from environmental review under Section 15301 Class 1 (Existing Facilities) of California Environmental Quality Act (CEQA) Guidelines because this project proposes work within the existing Corporation Yard facility. The project is consistent with the applicable general plan policies as well as with applicable City Regulations. A notice of Exemption will filed with the Community Development Department.

FISCAL IMPACT
Budgeted: No Budget Year: 2025-26
Funding Identified: No
Fiscal Analysis:

Participation in the PG&E EV Fleet Program does not require the City to pay for the work performed by PG&E. However, in the unlikely event that the City decides to withdraw from the program, PG&E may recover all costs incurred to that point, including design work and site walk fees.

The Letter of Commitment includes a preliminary design for the project. It also notes that any requests to modify the project scope could result in redesign costs of up to $15,000

Item 6h
per request. While such changes are considered unlikely, this requirement demonstrates the potential for additional costs if scope changes are necessary.

The Electric Vehicle Charging Station Capital Account currently funds EV charging projects at several City facilities, including the Corporation Yard, the Parks and Recreation office, the Police Station, the Utilities office, and a category for “Various City Facilities.” Projects at the Parks and Recreation office, the Utilities office, and the Police Station are already underway and staff do not recommend reallocating that funding toward this project. Excluding those allocations, the account maintains a balance of $226,360. This funding is designated for the construction of the EV charging project at the Corporation Yard, as well as other EV charging needs throughout the City. While it is primarily intended to support project construction, in the unlikely event that the Corporation Yard project could not move forward, these funds could also be used to cover potential costs associated with withdrawal or scope changes.

The Table below summarizes the available funding resources within the Electric Vehicle Charging Station Capital Account (200513) that could be drawn on for this project. The amounts shown reflect only the two tasks within the account that are currently available to support the Corporation Yard project, excluding funds already allocated to other City EV charging projects.

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
Capital Outlay
Fund (LRM)
$222,481.70 $0 $222,481.70 $0
Fleet
Replacement
Fund
$3,879.00 $0 $3,879.00
Total $226,360.70 $0 $226,360.70 $0
In addition to the available funds shown in the table, the City will receive a $40,000 incentive from PG&E through participation in the EV Fleet Program. These funds will further support the Corporation Yard project and help offset project costs.

ALTERNATIVES
Council could choose not to sign the Letter of Commitment or approve the Contract with PG&E. If this option is pursued, the City would need to find alternative funding sources for the PG&E service upgrade or defer installation of the charging project at the Corp Yard, each of which would delay the City’s progress towards its fleet electrification goals.

Council could also choose not to approve the easement for PG&E access. If this option is pursued, the City would be unable to proceed with the installation of the charging

Item 6h
infrastructure at the Corp Yard, effectively preventing the project from moving forward and halting progress toward the City’s fleet electrification goals.

ATTACHMENTS
A - PG&E Clean Fleet Letter of Commitment and Contract
B - Proposed Site Plan
C - Example Utility Distribution Easement

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Cover Letter (11.2024 Version) Page 1 of 4
August 8, 2025
City of San Luis Obispo
25 Prado Rd
San Luis Obispo, CA 93401
RE: FLEET011746655
Dear Chris Read,
Congratulations! We are pleased to extend City of San Luis Obispo an invitation to join PG&E’s EV Fleet Electrification program. Upon your completion of the action items below, we will move your project into the design phase and begin the engineering, design and construction plans for 25 Prado Rd, San Luis Obispo, CA 93401. Please note, future changes to the project scope may change your eligibility for the program.

Included in this contract are the following items:
• Cover Letter
o Offer Description
o Preliminary Design (also attached as PDF)
• Letter of Commitment
o EV Deployment Commitment
• EV Fleet Program Terms and Conditions (“Contract”)
• Exhibit A: Project Scope
• Appendices
o Appendix A: PG&E EV Fleet Program Participant Data Reporting Requirements o Appendix B: CPUC’s Safety Requirements Checklist for CPUC-Approved Transportation Electrification Programs
Immediate Action Items:
• Review the entire document
• Sign and return the Letter of Commitment and Contract • Provide proof of commitment (as defined below) for appropriate vehicles By signing the Letter of Commitment and the Contract, I hereby confirm my participation in PG&E’s Fleet Electrification program and acknowledge that:
• I agree to install the number of EV Supply Equipment (EVSE or “EV charger”) specified in Exhibit A of the Contract;
• Upon execution of the Contract, PG&E will begin incurring design fees and costs as my project moves forward;
• If I withdraw from the program prior to the site being activated, then PG&E reserves the right to recover all fees and costs incurred by it and its subcontractors after the execution of the Contract, including but not limited to, design cost, site walk costs, etc.;
• PG&E may need to conduct a comprehensive design site walk; • If the existing infrastructure or physical site or equipment is substantially different than anticipated or described, then PG&E will make reasonable effort to redesign the project in a manner acceptable to both parties, but reserves the right to cancel my participation in the program; • If I request to make changes to the scope or design of the project, then PG&E reserves the right to recover all costs associated with that change, such as redesign costs;

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Cover Letter (11.2024 Version) Page 2 of 4
• If I do not submit required documentation (e.g., signed easement) or fail to move this project forward for a period of 90 days or more, then PG&E may consider this an abandonment of this Contract and reserves the right to cancel my participation in the program and recover all costs incurred; and • My EV chargers meet the Safety Checklist requirements and have networking protocols (as described in Appendix A and Appendix B). I agree to ensure that EVSE network connectivity is in good condition for at least five years from the date of activation.

Offer Description
After careful consideration of the project costs and scope of work, PG&E has determined you are eligible for the Make-Ready Incentive Option. PG&E will design, construct, own, and maintain any necessary EV supply infrastructure to the meter only. City of San Luis Obispo will design, build, own, operate, and maintain the EV supply infrastructure behind the meter, hereafter referred to as customer-owned make-ready infrastructure.

PG&E provides an incentive that is equal to the lesser amount of either: (i) 80% of the customer-owned makeready infrastructure costs or (ii) the incentive cap of $40,000.00 as described in the table below. Project documentation should be submitted to your Project Manager within 90 days of site activation to initiate the incentive payment process.

EV Supply Infrastructure Incentive
Applies to Site Hosts who pay for, own, and maintain EV Supply Infrastructure Vehicle Type Per Vehicle Incentive # of Vehicles
School Buses, Local Delivery
Trucks, or Other Vehicles
$4,000.00 per Vehicle 10
Vehicle Type (Total) Incentive (Total) Incentive Total
Total # of Vehicles
10 Lesser amount of either 80% of the
customer-owned make-ready infrastructure
costs or the incentive cap, as described
above, on a per vehicle basis
Maximum of $40,000.00
EV Charger Requirements
As a reminder, to participate in the EV Fleet program, your EV chargers, also known as EV supply equipment, at a minimum must meet the EV Fleet Program Data Reporting requirements outlined in Appendix A and the Safety Checklist requirements outlined in Appendix B. In addition, the EV chargers must at least meet the following network communications requirements:
• Electric Vehicle Supply Equipment (EVSE) shall have metering capability through an internal device and shall be able to measure power and usage parameters to enable reporting of the metrics in the Contractor Requirement section.
• After loss of power, provided the EVSE connector to vehicle has not been removed, the EVSE shall return to its post-configuration state (i.e., shall persist communication and registration configurations.

This does not include continuing user sessions when authorization is required to start a session). • EVSE shall provide a reset option, which returns the device to its pre-charge state (e.g., card or message- not user accessible).

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Cover Letter (11.2024 Version) Page 3 of 4
Preliminary Design
The preliminary design for your project is below and has also been provided as a PDF along with this contract.

Please note that any requests to change the scope of the project may result in redesign costs to you of up to $15,000 per request. Examples of changes to scope include requests to modify the number or type of charger being deployed or modify the location of the meter.

PG&E may opt to utilize existing infrastructure, including existing conduit, in order to minimize project costs as indicated by the word “existing” on any components on the Preliminary Design.

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Cover Letter (11.2024 Version) Page 4 of 4
Next Steps:

We respectfully request that you return your signed contract as soon as possible. After we receive your signed contract, I will introduce you to your Project Manager, who will lead you through the design and construction process for your site.

Thank you for your participation in this exciting program! You are taking an important step to support California’s ambitious climate and air quality goals, and we appreciate that you have elected to work with PG&E to electrify your fleet.

Please contact me if you have any questions.

Regards,
Craig Castro
[email protected]
510.298.7766
Electric Vehicle Customer Onboarding Specialist
Pacific Gas and Electric Company

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
EV Fleet Letter of Commitment (06.2025 Version) Page 1 of 1 EV Fleet Program Terms and Conditions (“Contract”)
Between City of San Luis Obispo and Pacific Gas and Electric Company August 8, 2025

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Re: Electric Vehicle Deployment Commitment for City of San Luis Obispo (FLEET011746655) Dear Pacific Gas and Electric Company,
City of San Luis Obispo and PG&E have worked together and agreed on a contract under which City of San Luis Obispo purchases electric fleet vehicles and PG&E performs make-ready infrastructure work and, if qualified, provides EV charger rebates and infrastructure incentives.

City of San Luis Obispo has received approval from our internal decision makers and commits to purchase 10 electric vehicles by December 31, 2029. We plan to purchase and deploy the vehicles during the following timeline:

Electric Vehicle Deployment Schedule
Description 2025 2026 2027 2028 2029 Total
Medium Duty Vehicle 1 2 2 2 3 10
By signing the Letter of Commitment and the Contract, City of San Luis Obispo understands that, in accordance with the section titled ‘Vehicle Purchase Plans’, City of San Luis Obispo is responsible for realizing the number and type of EV Fleet vehicles that have been indicated in Exhibit A of the aforementioned Contract regardless of the decision of granting agencies. These vehicles will be domiciled at 25 Prado Rd, San Luis Obispo, CA 93401.

If City of San Luis Obispo does not put into operation the number of vehicles stated in the section above, PG&E in its sole discretion may require City of San Luis Obispo to reimburse PG&E for costs incurred by PG&E associated with PG&E’s reliance on my commitment to install infrastructure, such as costs of equipment, site design, and installation. Additionally, if the first vehicle deployment is planned for 2028, City of San Luis Obispo understands that at least two vehicles must be deployed by June 30, 2028 in order to meet EV Fleet’s minimum eligibility requirements. If this requirement is not met, PG&E in its sole discretion may require City of San Luis Obispo to reimburse PG&E for costs incurred by PG&E associated with PG&E’s reliance on my commitment to install infrastructure, such as costs of equipment, site design, and installation.

Sincerely,
Customer Signature1
Signature
City of San Luis Obispo
Company Name
Customer Print
Print
Customer SignedDate1
Date
Customer Title1
Title

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Contract version revised 11.2024 Page 1 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of San Luis Obispo and Pacific Gas and Electric Company EV Fleet Program Terms and Conditions (“Contract”)
Definitions
As used in this Contract, the following terms have the following meanings:

Disadvantaged Community: Census tracts in PG&E’s service territory with a top quartile score according to California Environmental Protection Agency’s CalEnviroScreen 3.0.

EV Service Connection: Traditional utility infrastructure from the utility distribution system to the meter, which may include but is not limited to cable, conductors, conduit, transformers, and associated substructures from the utility distribution system. Also referred to as “To the Meter” (TTM) infrastructure.

EV Supply Infrastructure: Infrastructure from the meter (“but not including the meter”) to the parking space, which may include an electrical panel, cable, and conduit necessary to deliver power to the parking space. Also referred to as “Behind the Meter” (BTM) infrastructure.

Electric Vehicle Supply Equipment (EVSE): Equipment used for charging EVs. The conductors, including the ungrounded, grounded, and equipment grounding conductors, the electric vehicle chargers, connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of delivering energy from the Premises wiring to the electric vehicle.

EVSE Package: EVSE hardware, software, and network services.

EV Service Provider (EVSP): A company that provides EV charging solutions to Customer, including but not limited to network services, billing, and customer support.

Operation and Maintenance (O&M): O&M includes, but is not limited to, network fees, resetting of breakers, replacement of parts, and associated services necessary to keep the EVSE and/or EV Supply Infrastructure operational.

Premises: Premises includes all of the real property and apparatus employed in a single enterprise on an integral parcel of land undivided, excepting in the case of industrial, agricultural, oil field, resort enterprises, and public or quasi-public institutions, by a dedicated street, highway or public thoroughfare or railway. Automobile parking lots constituting a part of or adjacent to a single enterprise may be separated by an alley from the remainder of the Premises served. All Premises must be reviewed by PG&E to determine where service could be provided and at what cost. PG&E may agree to include some or all of the Premises in the EV Fleet Program. Multiple Premises may be listed in Exhibit A.

Rate Plan: The PG&E electric rate that Customer pays for using EVSE. Detail on PG&E rates and eligibility criteria can be found at www.pge.com/tariffs.

Customer: The entity participating in the EV Fleet Program that owns, leases, or manages the Premises where the EVSE Packages are installed. Customer will receive the bill for the energy delivered to the EVSE Package.

Specific Terms
Acknowledgement and Term: All parties agree to abide by the terms and conditions of this Contract for participation in the EV Fleet Program (part of California Public Utilities Commission, or “CPUC”, Decision Number 18-05-040 issued May 31, 2018), including all requirements included by reference. The duration of this Contract (the “Term”) will commence on the date Customer’s EVSE Package becomes operational and will continue in effect for ten (10) years thereafter (unless otherwise earlier terminated pursuant to the terms herein). PG&E will inform Customer in writing when the EVSE Package becomes operational.

Ownership: Customer has two options for ownership of EV Supply Infrastructure. Ownership of other components is listed below for reference. Sections in this Contract labeled “Customer Owned EV Supply Infrastructure” or “PG&E Owned EV Supply Infrastructure” will apply depending on the ownership option a Customer selects. Customer should indicate their ownership option in the Cover Letter provided to the customer. All other terms are common to both ownership options.

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Contract version revised 11.2024 Page 2 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of San Luis Obispo and Pacific Gas and Electric Company EV Service Connection: PG&E always constructs, owns, operates, and maintains the EV Service Connection when necessary. PG&E may opt to utilize existing infrastructure, including customer-owned conduits, in order to minimize project costs. This will be indicated in the accompanying Preliminary Design. In some cases,the customer may opt to use an existing service connection, in which case no work will be completed by PG&E.

EV Supply Infrastructure: Customer may have two options for EV Supply Infrastructure ownership:

1. PG&E Owned: PG&E constructs, owns, and maintains the EV Supply Infrastructure. PG&E covers costs in accordance with CPUC requirements.

2. Customer Owned: Customer is responsible for construction and maintenance of EV Supply Infrastructure and receives an incentive in accordance with CPUC requirements.

EV Supply Equipment (EVSE): Customer always installs, owns, operates, and maintains the EVSE.

Selection of EVSE Package: Upon approval of application by PG&E, Customer shall select and procure an EVSE Package from the PG&E approved product list. PG&E will share approved product list with Customer. Customer shall install, operate, and maintain the number and type of the EVSE Package, associated equipment, and signage as selected by Customer and approved by PG&E. Customer acknowledges that PG&E makes no representations regarding manufacturers, dealers, contractors, materials, or workmanship of the EVSE Package. Customer agrees that PG&E has no liability whatsoever concerning the quality and safety of such EVSE Package. At PG&E sole discretion, Customer may use an EVSE Package that is not on the approved product list. If EVSE Package is not on the approved product list, EVSE Package must be compliant with minimum requirements. These minimum requirements are attached to this Contract, as applicable. In addition to these requirements, EVSE Package must be ISO15118-ready, with the exception of equipment that will be used to charge off-road vehicles. Customer agrees to provide all information requested by PG&E about non-approved EVSE Packages, including but not limited to technical and safety specifications.

EVSE Rebate: Customer may qualify for a rebate of EVSE, in accordance with the CPUC requirements. Rebate amounts will vary in accordance with the CPUC requirements. Rebates will be paid after (1) Customer provides proof of purchase of EVSE Package, (2) at PG&E discretion PG&E inspects the installation of the EVSE and the physical location, and (3) the EVSE is operational. All EVSE rebate claims must be submitted no later than March 31, 2028. Any EVSE acquired after March 2028 will not be eligible for rebate.

Additional Services from EVSP: Separate and apart from the application and PG&E’s obligations under the EV Fleet Program, the EVSP selected by Customer may offer and contract directly with the Customer to provide any additional or complementary services, as long as these services do not interfere with the objectives of the EV Fleet Program as fully described in the CPUC decision. The costs of additional EVSP services, and any cost related to O&M of any additional EVSP services, will not be borne by PG&E, unless they are complementary services necessary to support the EV Fleet Program objectives and are approved by PG&E in writing.

EV Drivers’ Right to Access: Customer shall not restrict access to or use of the EVSE for reasons including, but not limited to, race, color, religion, age, sex, national origin, ancestry, physical or mental disability, or any basis prohibited by applicable law. However, Customer may decide to make the EVSE available only to its employees, tenants, or lessors; under the terms of the EV Fleet Program, Customer decides whether to make the EVSE available to other 3rd parties.

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Contract version revised 11.2024 Page 3 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of San Luis Obispo and Pacific Gas and Electric Company Accessibility Requirements: The installation of the EVSE and EV Service Connection is required to comply with the Americans with Disabilities Act (ADA) and California Building Standards. Customer understands and accepts that such standards may impact parking layouts and reduce the number of non-accessible parking spaces available. Customer understands and accepts that changes to initial design representations may occur during the design, construction, and operational phases of the EVSE as may be dictated by design constraints, by law or regulation, or by local jurisdictional authorities.

Easement Requirement: An easement may be required to maintain PG&E owned facilities. PG&E will use existing easements when possible to minimize encumbrances on Customer property. If a new easement is required, access rights will follow standard utility requirements for providing electrical service. PG&E will determine if a new easement is required when Customer application is evaluated and will communicate that to Customer. If Customer does not wish to grant an easement for one or more Premises, PG&E may remove those Premises from the EV Fleet program. If Customer accepts easement requirements, Customer agrees to grant PG&E an easement for the installation of EV Service Connection and EV Supply Infrastructure. If the EV Service Connection must cross property owned by a third party to serve Customer, PG&E may, at its option, install such EV Service Connection after appropriate rights of way or easements, satisfactory to PG&E, are obtained without cost to PG&E. Customer is responsible for coordinating attainment of any easements. Customer agrees to sign and return easement to PG&E within 30 days of receipt. If the Customer does not respond within 30 days, PG&E reserves the right to rescind Customer’s participation in the EV Fleet Program and recover all costs incurred. Upon termination of the Contract, PG&E shall upon written demand therefore execute and deliver to Customer a good and sufficient quitclaim of said easement and right of way or such portion thereof conveyed in this document, at Customer expense.

EVSE O&M: The Customer is required to maintain the EVSE for the Term. Customer will pay all O&M costs associated with the EVSE. Customer shall maintain a consistent uptime at the direction of PG&E for EVSE installed. Customer shall maintain the common area improvements immediately surrounding the EVSE in good condition, ordinary wear and tear excepted, and will promptly notify PG&E of any problems it is aware of related to the EVSE. Such maintenance by Customer of the immediately surrounding common areas shall include, but not be limited to, pavement maintenance and snow removal services, if applicable. Uninterrupted service is not guaranteed, and PG&E may interrupt service when necessary to ensure safety or to perform maintenance on PG&E owned infrastructure. PG&E will use reasonable efforts to notify Customer in advance of interruptions to service, planned maintenance, and physical access to Premises. Customer will immediately shut down chargers if there is a safety issue.

Billing: Customer will be the PG&E Customer and will be served according to the applicable Rate Plan. As the Customer, Customer will be responsible for paying the PG&E bill.

Compensation: Under no conditions shall Customer or EV Drivers receive compensation of any kind (including but not limited to: cash, in-kind services, or otherwise) for any duties or requirements provided for in this Contract or for participation in any way as part of the EV Fleet Program, including but not limited to: easements, use of data for lawful purposes, loss of business activity during construction or maintenance activities, or any other inconvenience or loss, without limitation, related to participation.

Changing Rate Plan: Customer may change Rate Plan during the Term but must remain on a retail PG&E rate for the duration of the Term. If Customer switches to a non-retail PG&E rate during the Term, Customer shall bear the full cost and sole expense, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as pro-rated costs of equipment, site design, and installation.

Reliability: PG&E does not guarantee uninterrupted service. Customer may pursue options to ensure that any impact to Customer operations from potential loss of power is sufficiently mitigated. Customer is responsible for the cost of any supplemental solutions to improve reliability.

Expansion of EVSE Installation: Customer may add more charging ports to their installation in the future, in accordance with the provisions of CPUC filed tariffs such as Electric Rule 16. Customer must coordinate with PG&E prior to any approved installation extension. Any installations or related work performed outside of EV Fleet program will be at Customer’s expense and its liability.

EVSE Replacement: Customer may replace their EVSE during the Term. Customer must notify PG&E ahead of replacement to ensure infrastructure can accommodate the additional load and new EVSE complies with necessary CPUC requirements for the program. If adequate infrastructure does not exist, Customer must request increased capacity in

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Contract version revised 11.2024 Page 4 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of San Luis Obispo and Pacific Gas and Electric Company accordance with the provisions of CPUC filed tariffs such as Electric Rule 16. Any replacements will be at Customer’s expense and its liability.

Vehicle Purchase Plans: PG&E will work with Customer to understand its fleet electrification plans and may install infrastructure to support future vehicle purchases. In Exhibit A, Customer will provide the number, type, and charging levels of electric vehicles that will be used at the Premises over time to justify the requested infrastructure. At PG&E discretion, during the Term PG&E may request evidence that Customer is operating these vehicles and associated charging in accordance with its electrification plan. If Customer is not operating vehicles consistent with its electrification plans, at PG&E discretion, Customer may be responsible for PG&E costs associated with installing the excess infrastructure. This includes costs, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as costs of equipment, site design and installation. Customer may, at any time within the Term request from PG&E projected and final costs associated with this. If Customer wishes to change its plan, Customer must provide a modified plan to PG&E. This modified plan must be mutually agreed upon by PG&E and Customer. Customer may opt to replace these vehicles with similar equipment but must operate the number and type of vehicles outlined in the electrification plan. Vehicles that are leased must be replaced with similar equipment upon termination of the lease duration.

If Customer is not the party responsible for purchasing or leasing the vehicles indicated in Exhibit A, they will acquire and provide such proof from the responsible party including the number, type, and charging levels of electric vehicles that will be used at the Premises over time to justify the requested infrastructure. Customer is responsible to provide evidence of vehicle operation and associated charging during this term in accordance with the indicated electrification plans. If vehicles are not operating consistent with the indicated electrification plans, at PG&E discretion, Customer may be responsible for PG&E costs associated with installing the excess infrastructure. This includes costs, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as costs of equipment, site design, and installation.

Project Scope: Customer acknowledges that:
• Customer agrees to the high-level project scope listed in Exhibit A; • Upon execution of this Contract, PG&E will begin incurring design fees and costs as Customer project moves forward;
• If Customer withdraws from the program, then PG&E reserves the right to recover all fees and costs incurred by it and its subcontractors after the execution of this Contract including, but not limited to, design cost, site walk costs, etc.;
• PG&E will conduct a site walk;
• If the existing infrastructure or physical site or equipment is substantially different than anticipated or described, then PG&E will make reasonable effort to redesign the project in a manner acceptable to both parties, but reserves the right to cancel Customer participation in the program; and • If Customer does not submit required documentation (e.g., signed easement if needed) in a timely manner, then PG&E may grant extensions by request but reserves the right to waitlist Customer application and/or cancel participation in the program.

External Funding Sources: Customer understands that the total infrastructure and EVSE rebate and incentive amounts the Customer receives from all sources, which may include but is not limited to, utilities, state programs, manufacturer, retailer, or otherwise, cannot exceed Customer’s total cost of purchasing the EVSE, installing the EVSE, and constructing the EV Supply Infrastructure.

Customer agrees to keep records of all infrastructure and EVSE incentives and rebates received for Customer’s EV Fleet project. Customer understands that PG&E may request and review said records up to one year after project completion date. If rebates and incentives received exceed incurred project cost, PG&E may inform all other funding sources, which may include but is not limited to, utilities, state programs, manufacturer, retailer, or other, of the violation, including the name of the Customer, a description of the project, and details regarding the excessive rebates and incentives.

Customer Owned EV Supply Infrastructure Section
EV Supply Infrastructure Incentive: Customer qualifies for an incentive towards the cost of EV Supply Infrastructure if they choose to own and maintain the EV Supply Infrastructure. Incentive amounts will vary in accordance with the CPUC requirements. Incentive will be paid after (1) Customer provides proof of actual EV Supply Infrastructure construction cost, (2) EV Supply Infrastructure construction is complete, (3) the EVSE is operational.

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Contract version revised 11.2024 Page 5 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of San Luis Obispo and Pacific Gas and Electric Company Installation of EV Service Connection: PG&E and/or its contractors shall design and construct the EV Service Connection in compliance with the terms of this Contract, as well as all applicable local, state, and federal laws and regulatory requirements. Customer is responsible for providing all disclosures, including but not limited to hazardous materials located at the site of the installation. If an easement is required, PG&E will provide a preliminary layout of proposed facilities to Customer prior to preparation of easement for Customer review and approval; such approval will not unreasonably be withheld. The easement will be executed and recorded in favor of PG&E so that PG&E may access the EV Service Connection as needed. It will be the Customer’s responsibility to provide a preliminary design of the EV Supply Infrastructure and associated electrical loads so that PG&E can provide the associated EV Service Connection design. PG&E and Customer will approve final design prior to construction beginning. Once design is approved, no material changes will be made without approval from PG&E and Customer. After the EVSE is operational, Customer may request a copy of “as built” designs, which will be provided by PG&E.

Installation of EV Supply Infrastructure: The Customer and/or its contractors shall construct the EV Supply Infrastructure and install the EVSE in compliance with the terms of this Contract, as well as all applicable local, state, and federal laws and regulatory requirements, including PG&E requirements found at www.pge.com/greenbook. The Customer is responsible for (i) the costs to construct the EV Supply Infrastructure, (ii) the purchase of the EVSE Package, and (iii) installation of the EVSE. After the EVSE is operational, Customer receives incentive for EV Supply Infrastructure in accordance with terms of this Contract.

EV Supply Infrastructure O&M: If Customer owns the EV Supply Infrastructure, Customer is responsible for O&M of the EV Supply Infrastructure for the Term. Customer will pay all O&M costs associated with the EV Supply Infrastructure.

Customer shall maintain the common area improvements immediately surrounding the EV Supply Infrastructure in good condition, ordinary wear and tear excepted, and will promptly notify PG&E of any problems it is aware of related to the EV Supply Infrastructure. Such maintenance by Customer of the immediately surrounding common areas shall include, but not be limited to, pavement maintenance and snow removal services, if applicable. Uninterrupted service is not guaranteed, and PG&E may interrupt service when necessary to ensure safety or to perform maintenance. PG&E will use reasonable efforts to notify Customer in advance of interruptions to service, planned maintenance, and physical access to Premises.

Access to Customers Premises: PG&E shall at all times have the right to enter and leave the Customer’s Premises for any purpose connected with the furnishing of electric service to the EV Service Connection (meter reading, inspection, testing, routine repairs, replacement, maintenance, vegetation management, emergency work, etc.) and the exercise of any and all rights secured to it by law, or under PG&E's applicable tariff schedules. If Customer does not grant PG&E reasonable access to the Premises, then PG&E may deenergize the EV Service Connection until access is granted. PG&E will work closely with Customer to ensure this access does not unreasonably interfere with Customer’s property or operations.

End of Term: At the end of the Term, the Customer will have the following options:

1. Continue operating EVSE and EV Supply Infrastructure o Customer has continued responsibility for O&M of EVSE and EV Supply Infrastructure. o If an easement was required for installation, easement remains in place. o PG&E continues to own EV Service Connection and will treat this under the standard provisions of CPUC filed tariffs such as Electric Rule 16.

2. Stop operating EVSE and EV Supply Infrastructure
o Remove the EVSE and/or EV Supply Infrastructure at Customer’s cost and expense. o If an easement was required for installation, PG&E will deliver a quitclaim for the easement and the easement will be removed.
o PG&E will require access to any energized PG&E facilities. If EV Service Connection serves other load or assets, for example building load or solar, PG&E continues to own EV Service Connection and will treat this under the standard provisions of CPUC filed tariffs such as Electric Rule 16. If EV Service Connection serves only the EVSE installed under this Contract, PG&E will deenergize EV Service Connection and abandon facilities in place.

PG&E Owned EV Supply Infrastructure Section
Installation of Equipment: PG&E and/or its contractors shall design and construct the EV Service Connection and EV Supply Infrastructure in compliance with the terms of this Contract, as well as all applicable local, state, and federal laws and regulatory requirements. Customer is responsible for providing all disclosures, including but not limited to hazardous materials located at the site of the installation. If an easement is required, PG&E will provide a preliminary layout of proposed facilities to Customer prior to preparation of easement for Customer review and approval; such approval will not

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Contract version revised 11.2024 Page 6 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of San Luis Obispo and Pacific Gas and Electric Company unreasonably be withheld. The easement will be executed and recorded in favor of PG&E so that PG&E may access the EV Service Connection and EV Supply Infrastructure as needed. After Customer approval of the preliminary design, PG&E will coordinate with the Customer if there are any proposed material changes. A final design with no material changes from the agreed upon design will be provided by PG&E prior to any installation activities. PG&E and Customer will approve final design prior to construction beginning. Once design is approved, no material changes will be made without approval from PG&E and Customer. An estimated installation schedule shall be provided by PG&E after execution of required easement and timely selection of EVSE Package. Should the installation schedule require modification, PG&E shall notify Customer within a reasonable amount of time of such changes. PG&E is responsible for the costs to construct the EV Supply Infrastructure. The Customer is responsible for (i) the purchase of the EVSE Package and (ii) installation of the EVSE. Upon completion of installation of the EVSE, the Customer understands and acknowledges that it will be responsible for the O&M of the EVSE installed through the EV Fleet Program. After the EVSE is operational, Customer may request a copy of “as built” designs, which will be provided by PG&E.

EV Supply Infrastructure O&M: If PG&E owns the EV Supply Infrastructure, PG&E is responsible for O&M of the EV Supply Infrastructure for the Term. PG&E will pay all O&M costs associated with the EV Supply Infrastructure. Customer shall maintain the common area improvements immediately surrounding the EV Supply Infrastructure in good condition, ordinary wear and tear excepted, and will promptly notify PG&E of any problems it is aware of related to the EV Supply Infrastructure. Such maintenance by Customer of the immediately surrounding common areas shall include, but not be limited to, pavement maintenance and snow removal services, if applicable. Uninterrupted service is not guaranteed, and PG&E may interrupt service when necessary to ensure safety or to perform maintenance. PG&E will use reasonable efforts to notify Customer in advance of interruptions to service, planned maintenance, and physical access to Premises.

Access to Customers Premises: PG&E shall at all times have the right to enter and leave the Customer’s Premises for any purpose connected with the furnishing of electric service to the EV Service Connection (meter reading, inspection, testing, routine repairs, replacement, maintenance, vegetation management, emergency work, etc.) and the exercise of any and all rights secured to it by law, or under PG&E's applicable tariff schedules. If Customer does not grant PG&E reasonable access to the Premises, then PG&E may deenergize the EV Service Connection until access is granted. PG&E will work closely with Customer to ensure this access does not unreasonably interfere with Customer’s property or operations.

End of Term: At the end of the Term, the Customer will have the following options:

1. Continue operating EVSE
o Customer has continued responsibility for O&M of EVSE. o If an easement was required for installation, easement remains in place. o PG&E continues to own EV Service Connection and EV Supply Infrastructure and will treat these under the standard provisions of CPUC filed tariffs such as Electric Rule 16.

2. Stop operating EVSE
o Remove the EVSE at Customer’s cost and expense.
o If an easement was required for installation, PG&E will deliver a quitclaim for the easement and the easement will be removed.
o PG&E will require access to any energized PG&E facilities. If EV Service Connection and/or EV Supply Infrastructure serves other load or assets, for example solar, PG&E continues to own EV Service Connection and/or EV Supply Infrastructure and will treat these under the standard provisions of CPUC filed tariffs such as Electric Rule 16. If EV Service Connection and/or EV Supply Infrastructure serves only the EVSE installed under this Contract, PG&E will deenergize EV Service Connection and EV Supply Infrastructure and abandon facilities in place.

General Terms
Permission to Use Data: Customer agrees to allow PG&E and its agents and representatives to use data gathered as part of the EV Fleet Program (including usage data from the EVSE and EVSE performance data supplied directly to PG&E from the EVSP) (“Usage Data”) for use in regulatory reporting, ordinary business use, industry forums, case studies, or other similar activities, in accordance with applicable laws and regulations. Usage Data furnished to PG&E by the EVSP will not include any personal information as defined for the purposes of California privacy laws (including the California Privacy Rights Act, as amended(“CPRA”)). Any such personal data will be deidentified (as defined by CPRA) before it is provided to PG&E. Notwithstanding the foregoing, Customer acknowledges that PG&E is required to disclose location data at census tract or 5-digit zip code level as part of its regulatory obligations to report aggregate data. Although such locations will not be identified as Customer locations in the aggregated and anonymous data disclosed by PG&E, a third party could potentially associate Customer with disclosed locations by reference to other facts and data sources.

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Contract version revised 11.2024 Page 7 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of San Luis Obispo and Pacific Gas and Electric Company Representations: Customer understands that its participation in EV Fleet Program shall not be construed as creating any agency, partnership, or other form of joint enterprise between the Customer, PG&E, or their affiliates, contractors, vendors, representatives, or designees, nor create any obligations or responsibilities on their behalf except as may be expressly granted in writing, nor make any representations of any kind to this effect. Customer represents and warrants that it is either (i) the fee title owner and has the ability to grant an easement (if required), or (ii) it is the authorized manager of the proposed EV Fleet Program site working with the fee title owner, it has the power, authority, and capacity to bind itself to undertake the EV Fleet Program terms and conditions and to perform each and every obligation required of Customer, and such fee title owner has the ability to grant an easement (if needed).

Changes: PG&E may initiate changes to the EV Fleet Program as necessary to comply with CPUC directives. PG&E shall endeavor to provide Customer with advance notice of any such changes. Customer has the option to opt out of the Program subject to section “Customer Removal or Termination” below.

Compliance with Laws: All parties shall comply with all applicable federal, state, and local statutes, rules, regulations, laws, orders, and decisions that relate to or govern its participation in the EV Fleet Program and/or Customer’s interactions with customers in connection with the EV Fleet Program.

Failure to Comply with Terms and Conditions: Without limitation, and to the greatest extent allowed by law, PG&E and Customer reserve the right to seek damages and recovery for losses incurred due to any breach of this Contract on the part of Customer or PG&E, whether intentional or unintentional.

Relocations: Should Customer request relocation of EVSE or parts thereof, such relocation shall be per mutually agreeable terms and shall be at sole expense of Customer and in accordance with any EV Fleet Program requirements, laws, regulations, or other applicable jurisdictional requirements. Additionally, if applicable and requested by PG&E, Customer shall either amend the easement to include the legal description of the new location or enter into a new easement with PG&E.

PG&E Termination or Suspension: PG&E may terminate, or for any duration suspend, Customer’s participation in the EV Fleet Program, with or without cause, at any time, and for any reason, with reasonable advance notice. Such reasons may include but are not limited to failure to provide or maintain terms of easement, failure to abide by EV Fleet Program terms and conditions, permitting issues, exceptional installation costs, environmental concerns, or any other reason(s) not in the best interests of the EV Fleet Program or PG&E’s ratepayers.

Customer Removal or Termination: Should Customer request removal or termination of EVSE or parts thereof prior to expiration of the Term, then Customer shall bear the full cost and sole expense of such removal as well as all fees and costs, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as pro-rated costs of equipment, site design, and installation. Customer may, at any time within the Term, request from PG&E projected and final costs associated with such a removal request. Such costs will include all amounts paid by PG&E, divided equally over a tenyear period (e.g., if amounts total $100k and Customer leaves after 1 year it is responsible for $90k). If the Customer wishes to assign its rights and obligations of this Contract to a new Customer prior to the expiration of the Term, the new Customer may assume all rights and obligations for the remaining Term with PG&E consent. Such consent not to be unreasonably withheld.

Indemnification: Customer shall indemnify, hold harmless, and defend PG&E, its affiliates, subsidiaries, parent company, officers, managers, directors, agents, and employees, from and against all claims, demands, losses, damages, costs, expenses, and liability (legal, contractual, or otherwise), which arise from or are in any way connected with any: (i) injury to or death of persons, including but not limited to employees of PG&E or Customer; (ii) injury to property or other interests of PG&E, Customer, or any third party; (iii) violation of a local, state, or federal common law, statute, or regulation, including but not limited to environmental laws or regulations; or (iv) strict liability imposed by any law or regulation; so long as such injury, violation, or strict liability (as set forth in (i) - (iv) above) arises from or is in any way connected with Customer’s performance of, or failure to perform, this Contract. This indemnification obligation shall not apply to the extent that such injury, loss, or damage is caused by the negligence or willful misconduct of PG&E, its officers, managers, or employees.

Customer shall, on PG&E's request, defend any action, claim, or suit asserting a claim which might be covered by this indemnity, using counsel acceptable to PG&E. Customer shall pay all costs and expenses that may be incurred by PG&E in enforcing this indemnity, including reasonable attorney's fees. To the extent necessary, each Party was represented by counsel in the negotiation and execution of this Contract. PG&E represents and warrants that it has indemnification language in its contract with any third party who PG&E may send to perform work on Customer’s physical site. PG&E

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Contract version revised 11.2024 Page 8 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of San Luis Obispo and Pacific Gas and Electric Company agrees to work closely with Customer on any concerns that may arise related to the party who will perform work on Customer’s physical site.

Insurance Requirements: Customer shall procure, carry, and maintain the following insurance coverage, and Customer is also responsible for its Subcontractors maintaining sufficient limits of the appropriate insurance coverage:

A. Personal Liability

1. The limit shall not be less than One Million Dollars ($1,000,000) each occurrence for bodily injury, property damage and personal injury.

2. Coverage shall: a) By "Additional Insured" endorsement add as insureds PG&E, its directors, officers, agents, and employees with respect to liability arising out of work performed by or for the Customer; b) Be endorsed to specify that the Customer insurance is primary and that any insurance or self-insurance maintained by PG&E shall not contribute with it.

B. Workers’ Compensation and Employers’ Liability

1. Workers’ Compensation insurance or self-insurance indicating compliance with any applicable labor codes, acts, laws, or statutes, state or federal, where Customer performs Work.

2. Employers’ Liability insurance shall not be less than $1,000,000 for injury or death in each accident.

C. Commercial General Liability

1. Coverage shall be at least as broad as the Insurance Services Office (ISO) Commercial General Liability Coverage “occurrence” form, with no coverage deletions.

2. The limit shall not be less than $1,000,000 each occurrence for bodily injury, property damage and personal injury.

3. Coverage shall: a) by “Additional Insured” endorsement add as insureds PG&E, its affiliates, subsidiaries, and parent company, and PG&E’s directors, officers, agents, and employees with respect to liability arising out of or connected with the Work performed by or for the Customer. (ISO Form CG2010 or equivalent is preferred.) In the event the Commercial General Liability policy includes a “blanket endorsement by contract,” the following language added to the certificate of insurance will satisfy PG&E’s additional insured requirement: “PG&E, its affiliates, subsidiaries, and parent company, and PG&E’s directors, officers, agents, and employees with respect to liability arising out of the work performed by or for the Customer are additional insureds under a blanket endorsement.”; b) be endorsed to specify that the Customer’s insurance is primary and that any insurance or selfinsurance maintained by PG&E shall not contribute with it.

D. Documentation Requirements

1. Customer shall have all insurance in place before beginning any Work. Upon request, Customer shall furnish PG&E with certificates of insurance, declaration pages and endorsements (collectively, “Documentation”) of all required insurance. Documentation shall be signed and submitted by a person authorized by that insurer to issue certificates of insurance and endorsements on its behalf.

2. The insurer shall deliver notification to PG&E in accordance with the policy provisions if any of the abovedescribed policies are cancelled before the stated expiration date.

3. PG&E may inspect the original policies in Sections A or B or require copies at any time. Customer/Owner may redact non-essential exposure information from copies.

4. The minimum liability insurance requirements established in this Contract are not a representation by PG&E that the insurance limits are sufficient, nor do these requirements in any way limit Customer’s liability under this Contract.

5. Upon request, Customer shall furnish PG&E the same evidence of insurance for its Subcontractors as PG&E requires of Customer.

Dispute Resolution: After attempting in good faith to resolve a dispute, a party may request mediation by written notice to the other Party. The mediation shall be conducted by a mutually-agreeable mediator with appropriate experience. All negotiations and any mediation conducted pursuant to this provision are confidential and shall be treated as compromise and settlement negotiations, to which Section 1119 of the California Evidence Code shall apply, and Section 1119 is incorporated herein by reference.

No Partnership: This Contract shall not be construed as creating a partnership, joint venture, agency relationship, franchise, or association, nor shall this Contract render PG&E and Customer liable as partners, co-ventures, or principals.

Enforceability: If any of the provisions, or application of any of the provisions, of this Contract are held to be illegal or invalid by a court of competent jurisdiction, PG&E and Customer shall negotiate an equitable adjustment in the provisions of

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Contract version revised 11.2024 Page 9 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of San Luis Obispo and Pacific Gas and Electric Company this Contract with a view toward effectuating the purpose of this Contract. The illegality or invalidity of any of the provisions, or application of any of the provisions, of this Contract will not affect the legality or enforceability of the remaining provisions or application of any of the provisions of the Contract.

Integration: This Contract, including all items incorporated herein by reference, constitutes the entire agreement and understanding between the parties as to the subject matter of the Contract. It supersedes all prior or contemporaneous agreements, commitments, representations, writings, and discussions between parties, whether oral or written, express or implied, that relate in any way to the subject matter of this Contract. This Contract has been induced by no representations, statements, or agreements other than those expressed herein. Neither party shall be bound by any prior or contemporaneous obligations, conditions, warranties, or representations with respect to the subject matter of this Contract.

Survival: The provisions of this Contract, which by their nature should survive expiration, cancellation, or other termination of this Contract, including but not limited to provisions regarding warranty, indemnity, insurance, confidentiality, document retention, business ethics, and availability of information, shall survive such expiration, cancellation, or other termination.

Notice: Any and all notices shall be in writing and addressed to the parties at the addresses specified below or such other addresses as either party may direct by notice given in accordance with this section and shall be delivered in one of the following manners: (i) by personal delivery, in which case notice shall be deemed to have been duly given when delivered; (ii) by certified mail, return receipt requested, with postage prepaid, in which case notice shall be deemed to have been duly given on the date indicated on the return receipt; or (iii) by reputable delivery service (including by way of example and not limitation Federal Express, UPS and DHL) which makes a record of the date and time of delivery, in which case notice shall be deemed to have been duly given on the date indicated on the delivery service’s record of delivery.

If to PG&E:

Pacific Gas and Electric Company
Attn: EV Fleet Program Manager
300 Lakeside Drive
Oakland, CA 94612
Email Address: [email protected]
If to Customer:

Customer CompanyInput (Company Name)
Customer AddressInput (Street Address)
Customer CityZipInput (City, Zip)
Customer NameInput (Name)
The Parties have executed this Contract on the dates indicated below, to be effective upon the later date.

City of San Luis Obispo
Company Name
PG&E Pacific Gas and Electric Company
PG&E Company Name
Customer Signature2
Signature
PG&E Signature
Signature
Customer Print2
Print
PG&E Print
Print
Customer Title2
Title
PG&E Title
PG&E Contract Signer Title
Customer SignedDate2
Date
PG&E SignedDate
Date

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Contract version revised 11.2024 Page 10 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of San Luis Obispo and Pacific Gas and Electric Company

EXHIBIT A

PROJECT SCOPE
25 Prado Rd, San Luis Obispo, CA 93401
Vehicle Summary
Description 2025 2026 2027 2028 2029 Total
Medium Duty Vehicle 1 2 2 2 3 10
Charger (EVSE) Summary
Description 2025 2026 2027 2028 2029 Total

33.2 kW 0 7 0 0 0 7 EVSEs

91.5 kW 0 0 0 2 0 2 EVSEs
432.4 kW 0 0 0 1 0 1 EVSEs
Anticipated Load (kW) 0 kW 232 kW 0 kW 615 kW 0 kW 847 kW Please note that your project was scoped based on the make, model, and power level of your EV chargers, as described in the preliminary design. Changes to your EV charger selection may impact the charger load of your project. If you would like to change your charger selection, please consult with your Project Manager before charger purchase so they can ensure the alternative chargers will be compatible with your project’s design. PG&E reserves the right to recover additional costs associated with any changes you request to your project scope.

Service Description
Main Service Size (Amps) 1600
Voltage and Phase 277/480V Three Phase

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612
Contract version revised 11.2024 Page 11 of 11
EV Fleet Program Terms and Conditions (“Contract”)
Between City of San Luis Obispo and Pacific Gas and Electric Company Max Load Table
Customer must adhere to the load profile provided below. If the customer desires to increase their load or modify their hours of use, an application must be submitted to PG&E’s Service Planning department. Failure to meet these guidelines may jeopardize reliable operation of the electric system. If EV charging exceeds these values and causes damage to PG&E facilities, the customer will be financially liable for the cost of repairs.

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612

Appendix A
Appendix A

PG&E EV FLEET PROGRAM PARTICIPANT DATA REPORTING REQUIREMENTS EV Fleet program participants are required to provide site, equipment, and utilization data for at least 5 years from the time chargers are operational. Sites are required to install chargers with Application Program Interface (API) communication capability.

Below are the data and metrics that may be collected by PG&E through the API. PG&E will contact EVSPs after EVSEs are activated to initiate API testing. Upon activation, Customer must give consent to their EVSP to provide API data to PG&E and its agents and representatives.

Customer agrees to receive and respond to customer surveys throughout the project lifecycle including postinstallation, upon request of PG&E or an associated party.

Off-road vehicles: Sites with off-road vehicles are excluded from API requirements but must install a separate meter that is dedicated for EV charging. In addition, due to the need for PG&E to report charger usage data to the CPUC, no form of generation or distributed generation (including solar and battery storage) may be installed onto this meter panel until five years after the date of project activation.

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612

Appendix A
Table 1. Data collected from API
Category Metrics
Site
• Pricing Structure ($/kWh, $/hour, subscription, free, flat fee, other) (for public charging stations only)
• Street Address
• City
• State
• Zip Code
Equipment
• EVSE Manufacturer
• EVSE Model
• EVSE Model number
• EVSE Serial Number
• EVSE ID (for public charging stations only)
• Demand Max (Maximum rated kW for each EVSE)
• Number of ports on associated EVSE
• Gateway or non-gateway
Sessions
Data for each charging session that
occurs at the site
• Maximum rated kW of each port
• Start date and time of session
• End date and time of session
• Equipment outages
• Reason for outage
• Date and time of when outage started
• Date and time of when outage ended
• Number of kWh consumed during the session
• Average demand (kW) per session
• Maximum demand (kW) per session
• Total dollar amount charged to the driver for the charging session (for public charging stations only)
• Demand charge ($/kW) (for public charging stations only) • Payment type (for public charging stations only)
• Anonymous unique driver ID for each driver/user
• Vehicle Make
• Vehicle Model
• Vehicle Year
• Vehicle Type (BEV, PHEV)
Session Intervals
15-minute interval data for each
charging session
• Start date and time of interval
• End date and time of interval
• Number of kWh consumed during the session interval
• Average demand (kW) per session interval
• Maximum demand (kW) per session interval
Port Intervals
15-minute interval data for each port
each day (96 intervals/port/day)
• Start date and time of interval
• End date and time of interval
• Number of kWh consumed during the interval
• Average demand (kW) per interval
• Maximum demand (kW) per interval

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612

Appendix B
Appendix B
CPUC’S SAFETY REQUIREMENTS CHECKLIST FOR CPUC-APPROVED

TRANSPORTATION ELECTRIFICATION PROGRAMS

Transportation Electrification Safety Requirements Checklist D.18-01-024/D.18-05-040

Appendix B

SAFETY REQUIREMENTS CHECKLIST FOR CPUC-APPROVED

TRANSPORTATION ELECTRIFICATION PROGRAMS
[Note: Each sponsoring utility must ensure that the following Pre-construction, Construction, and Operational standards are met and report on their compliance at quarterly Program Advisory Council meetings. These requirements are the minimum safety precautions the utilities should meet.] Terminology Defined1
Acronym Definition
EV Electric Vehicle
UL Underwriters Laboratory
EVSE Electric Vehicle Supply Equipment safely connects the AC electricity grid at a site to the EV. Sometimes used more broadly to refer to the charging equipment, not including the make- ready infrastructure or other charging
infrastructure. May include multiple connectors to charge several EVs or to serve EVs with different types of
connectors (e.g., SAE CCS and CHAdeMO)
SAE Society of Automotive Engineers
ADA Americans with Disabilities Act
AHJ Authority Having Jurisdiction, as defined by Article 100 of the 2017 National Electric Code: An organization, office, or individual responsible for enforcing the requirements of a code or standard, or for approving equipment, materials, an installation, or a procedure.2
J-1772 Standard An SAE standard for electrical and physical interface to facilitate a safe connection from the EVSE for conductive charging
1 See D.18-01-024 at Appendix A.
2 2017 NEC Article 100, Definitions, includes an informational note regarding AHJ: “The phrase ‘authority having jurisdiction’ or its acronym AHJ, is used in National Fire Protection Association (NFPA) documents in a broad manner, since jurisdictions and approval agencies vary, as do their responsibilities. Where public safety is primary, the authority having jurisdiction may be a federal, state, local, or other regional department or individual such as a fire chief; fire marshal; chief of a fire prevention bureau, labor department, or health department; building official; electrical inspector; or others having statutory authority. For insurance purposes, an insurance inspection department, rating bureau, or other insurance company representative may be the authority having jurisdiction. In many circumstances, the property owner or his or her designated agent assumes the role of the authority having jurisdiction; at government installations, the commanding officer or departmental official may be the authority having jurisdiction.”

Transportation Electrification Safety Requirements Checklist D.18-01-024/D.18-05-040

Appendix B
Acronym Definition
Level 1 Charging Charging via AC electrical connection at 120 volts and up to 16 amps, or 1.9 kW.

Level 2 Charging Charging via AC electrical connection at 208 volts or 240 volts at up to 80 amps.

DC Fast Charging Charging via DC electrical connection using off-board AC/DC equipment at a fast rate. Not all EVs have this connector.

CHAdeMO and/or CCS Charging Connector
Standards
There are three types of standard charging connectors for Direct Current Fast Charging. Vehicles capable of DC fast charging will have one of these ports on the vehicle. Other nonstandard connectors include Tesla and BYD. Most public DCFC currently deployed in California includes standard CHAdeMO and/or CCS Type 1 charging connectors.

IOU(s) Investor Owned Utility(ies)
EVITP Training The Electric Vehicle Infrastructure Training Program provides electricians with training for the installation of EVSE. EVITP is a collaboration of industry stakeholders, including automakers, EVSE manufacturers, educational institutions, utility companies, and electric industry professionals. More information is available at https://evitp.org.

NRTL Nationally Recognized Testing Lab
Pre-construction: These EV charging equipment safety requirements must be specified in procurement documents:

1. Charging equipment must be certified by a Nationally Recognized Testing Lab (NRTL).

2. Infrastructure must comply with applicable safety performance requirements associated with the type of TE infrastructure being installed.
• For light-duty vehicles, compliance with the Society of Automotive Engineers (SAE) J-1772 Standard for Level 1 or Level 2 charging. Compliance with CHAdeMO and CCS for DC fast charging would be appropriate evidence of compliance with this requirement. • For other types of TE infrastructure, including any non-standardized EVSE, the following basic connector safety measures will be required:
• A passing EVSE safety performance evaluation report performed by a Nationally Recognized Testing Lab (NRTL);
• When not connected, the vehicle inlet and the EVSE connector must be designed to prevent direct contact with any live components;
• The vehicle inlet and EVSE connector shall be free of sharp edges and potentially injurious protrusions; • The coupler between the vehicle and the EVSE should avoid or mitigate any potentially hazardous conditions such as fires, electrical shock to users, or other personal injuries.

3. Infrastructure and its planned installation must comply with California Electrical Code Article 625.1

4. Infrastructure and its planned installation must comply with the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., and California Building Code Chapter 11B, 2 if applicable, per the AHJ where the EVSE will be installed, unless the appropriate waiver is obtained from local authorities. 2 California Electrical Code Article 625 covers Electric Vehicle Charging System safety and standards as installed in place.

California Code of Regulations, Title 24, Article 625.
3 California Building Code Chapter 2 includes definition associated with electric vehicle charging stations. CBC Chapter 11B defines requirements for ‘Accessibility to Public Buildings, Public Accommodations, Commercial Buildings, and Public Housing.’

Transportation Electrification Safety Requirements Checklist D.18-01-024/D.18-05-040

Appendix B

5. Outdoor-mounted EVSE must be rated to be installed for outdoor use.

6. For utility infrastructure work on the customer side of the meter, contractors must provide proof of EVITP Certification prior to construction.

7. Contractors must provide the utility proof of a full site assessment, including the appropriate load calculations to ensure existing infrastructure can accommodate additional EV load, or that appropriate infrastructure upgrades will be completed.

During Construction:

1. All utility infrastructure work on the customer side of the meter not performed by employees of the IOUs shall be performed by fully licensed electricians. For commercial installations, all electrical contractors should hold a valid C-10 contractor’s license.

2. Installations will be designed per Article 625 of the California Electrical Code.

Operational Safety:

1. Overcurrent protection associated with utility transformers and distribution circuits that feed power to the charging stations.

2. Overcurrent protection in the meter pedestal/circuit breaker panel that feeds each of the charging stations.

3. Bollard equipment protection installed where appropriate as defined by utility design standards and AHJ requirements.

4. Concrete parking stops to protect equipment where appropriate as defined by utility design standards and AHJ requirements.

LP
0 20 40 80 120 160

SCALE IN FEET
PROPOSED SYMBOL LEGEND:

BTM BOLLARD

TTM BOLLARD
BTM CHARGEPOINT [EXPRESS 280]DUAL PORT EVSEBTM CHARGEPOINT [CP6000] DUALPORT EVSEBTM CHARGEPOINT [EXPRESS PLUS]PCS UNITBTM CHARGEPOINT [EXPRESS PLUS]DUAL PORT DISPENSERBTM ELECTRIC PULL BOXBTM METER SERVICE (COMBINATION)

BTM STEP DOWN TRANSFORMERBTM DISTRIBUTION PANEL
TTM PADMOUNT TRANSFORMERTTM PADMOUNT INTERRUPTERTTM PADMOUNT JUNCTIONTTM #5 SPLICE BOXTTM UNDERGROUND CONDUIT LINE

BTM UNDERGROUND CONDUIT LINELIMITS OF WORK

CONCRETE
BO
P

STALL AND STATION COUNT

IMPACTED EXISTING QUANTITY
FLEET STALLS 20
TOTAL 20

PROPOSED EV CHARGING QUANTITY
FLEET STALLS 20
TOTAL 20

EV CHARGING STATIONS QUANTITY
LEVEL 2 (19.2 KW NOMINAL / 16.6 KW ACTUAL)
DUAL PORT - PEDESTAL MOUNT 7
LEVEL 3 (80 KW NOMINAL / 91.5 KW ACTUAL)
DUAL PORT - PEDESTAL MOUNT 2
LEVEL 3 (200 KW NOMINAL / 216.2 KW ACTUAL)
PCS UNIT - PEDESTAL MOUNT 2
LEVEL 3 DUAL PORT DISPENSER - PEDESTAL
MOUNT 1
TOTAL 11

ANTICIPATED LOAD TOTAL KW
CHARGEPOINT CP6000 @ 16.6 KW PER PORT 232.4
CHARGEPOINT EXPRESS 280 @ 91.5 KW 183
CHARGEPOINT EXPRESS PLUS @ 216.2 KW 432.4

CHARGER BANK DEMAND LOAD
(AMPS @ 480V) 1019.7
NOTES:

1. ALL QUANTITIES ARE ESTIMATED AND SHOULD BE
VERIFIED BY THE CONTRACTOR.

2. ASSUMED STANDARD RATED EQUIPMENT WILL BE USED.

3. THE CUSTOMER IS RESPONSIBLE FOR THE REMOVAL AND
RESTORATION OF LANDSCAPING/TREES AND IRRIGATIONPRIOR TO CONSTRUCTION.

4. THE SITE IS LOCATED IN FLOOD HAZARD ZONE AE.

5. PULL BOXES TO BE INSTALLED AS NEEDED

7. LOAD RESTRICTIONS REQUIRED: NONE
*LINEAR FOOTAGE QUANTITIES INCLUDE VERTICAL TRAVEL

LIMITS OF WORK
Drawing: P:\219\219-0393\Site\_B3_2025 SITES\City of San Luis Obispo_FLEET011746655\Preliminary Design\CAD files\FLEET011746655_PD.dwg; Layout1 Plot by: cburger Aug 04, 2025 - 9:17am SCALE: AS NOTED OF SHEETS
CH. BY SHEET NO.DR. BYDATE
CONSULTANT PG&E EV FLEET CHARGING PROGRAM FLEET011746655

PRELIMINARY DESIGN
BVS
CRB
07-28-2025
1 1
OWNER:

CITY OF SAN LUIS OBISPO
APN:
053-051-045

BILL OF MATERIALS

ITEM UNIT QUANTITY
TTM 750KVA, 12/21KV-480/277V, 3Ø,

PAD-MOUNT TRANSFORMER WITH

CONCRETE PAD
EACH 1
TTM 200A PAD-MOUNT INTERRUPTER EACH 1TTM 200A PAD-MOUNT JUNCTION BOX EACH 1TTM PT44HSB EACH 3TTM #5 BOX EACH 1 BTM 1600A, 480/277V, 3Ø, METER

SERVICE (COMBINATION) - PEDESTAL
MOUNT
EACH 1
BTM 1600A, 480/277V, 3Ø,
DISTRIBUTION - PEDESTAL MOUNT EACH 1
BTM 1000A, 208/120V, 3Ø,
DISTRIBUTION - PEDESTAL MOUNT EACH 1
BTM 300KVA, 480-208/120V, 3Ø, STEP

DOWN TRANSFORMER - PEDESTAL
MOUNT
EACH 1
BTM PULL BOX EACH 3BTM 1'' PVC CONDUIT LF 75BTM 1-1/2" PVC CONDUIT LF 710BTM 2" PVC CONDUIT LF 40BTM 3" PVC CONDUIT LF 445BTM 4" PVC CONDUIT LF 1980 TTM 4" PVC CONDUIT LF 265TTM 5'' PVC CONDUIT LF 55
BTM (2) #6 DLO THWN-2 CU + (1)
ETHERNET CAT6 CABLE LF 65
BTM (6) 262 MCM DLO THWN-2 CU LF 280BTM (3) 1/0 AWG THWN-2 CU + (1) #6 AWG THWN-2 CU EGC LF 330
BTM (4) #2 AWG THWN-2 CU +
(1) #8 AWG THWN-2 CU EGC LF 470
BTM (3) 500 MCM THWN-2 CU +
(1) #3 AWG THWN-2 CU EGC LF 280
BTM (4) 250 MCM THWN-2 CU +
(1) #2 AWG THWN-2 CU EGC LF 120
BTM (4) 750 MCM THWN-2 CU +
(1) 4/0 AWG THWN-2 CU EGC LF 2090
BTM (3) 4/0 AWG THWN-2 CU +
(1) #2 AWG THWN-2 CU EGC LF 60
TTM 1/0AL EPR LF 1100TTM 1000AL QPX LF 85
BTM DATA ETHERNET CABLE LF 30
TTM 36" WIDE OPEN CUT TRENCH -
HARDSCAPE LF 115
TTM 36" WIDE OPEN CUT TRENCH -
SOFTSCAPE LF 155
BTM 24" WIDE OPEN CUT TRENCH -
HARDSCAPE LF 665
BTM 24" WIDE OPEN CUT TRENCH -
SOFTSCAPE LF 65
TTM RESTORE ASPHALT PAVEMENT SF 325
BTM RESTORE ASPHALT PAVEMENT SF 1160
TTM RESTORE CONCRETE SF 15
BTM RESTORE CONCRETE SF 15
TTM RESTORE SOFTSCAPE SF 460
BTM RESTORE SOFTSCAPE SF 125
TTM BOLLARD EACH 7
BTM BOLLARD EACH 19BTM EV CHARGER FOUNDATION EACH 10
BTM PCS FOUNDATION EACH 2
T0502
300KVA
277/480V
PROPOSED 1600A, 480/277VDISTRIBUTION PANEL
PROPOSED 300KVA, 480-208/120V

STEP-DOWN TRANSFORMER
PROPOSED 1000A, 208/120V,DISTRIBUTION PANEL
PROPOSED 1600A, 480/277V,METER SERVICE
PROPOSED 750KVA, 12/21KV-480/277V,PADMOUNT TRANSFORMER
REPLACE 9429/25T RISERFUSE WITH 3-PT44HSB
PROPOSED 200A PADMOUNT

INTERRUPTER

PULL EXISTING PRIMARY CABLES BACK

AND REROUTE TO NEW PADMOUNT
JUNCTION IN NEW/EXISTING 4'' DUCT
PROPOSED 200A PADMOUNT

JUNCTION
3-1/0AL EPR
IN 1-4'' DUCT

PROPERTY LINE
4-1000AL QPX IN 5-5'' DUCT

PROPOSED
#5 BOX
3-1/0AL EPR IN 1-4''
DUCT

PRADO ROAD
;;

Utility Distribution Easement (02/2020)
RECORDING REQUESTED BY AND RETURN TO:

PACIFIC GAS AND ELECTRIC COMPANY
300 Lakeside Drive, Suite 210 Oakland, CA 94612
Attn: Land Rights Library
Location: City/Uninc______________________
Recording Fee $_____________________________
Document Transfer Tax $ __________
[ ] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax

Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD# EASEMENT DEED
NAME OF GRANTOR (3rd-PARTY PARCEL),
hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct, replace (of initial or any other size), remove, maintain, inspect, and use facilities and associated equipment for public utility purposes, including, but not limited to electric, gas, and communication facilities, together with a right of way therefor, on, over, and under the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the (CITY/TOWN), County of _________, State of California, described as follows:
(APN __________)
(LANDS DESCRIPTION)
The easement area is described as follows:
(EASEMENT DESCRIPTION)
Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee paying compensation, any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.

Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities.

Utility Distribution Easement (02/2020)
Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities.

Grantor further grants to Grantee the right to apportion to another public utility (as defined in Section 216 of the California Public Utilities Code) the right to excavate for, construct, reconstruct, replace, remove, maintain, inspect, and use the communications facilities within said easement area including ingress thereto and egress therefrom.

Grantor acknowledges that they have read the “Grant of Easement Disclosure Statement”, Exhibit “?”, attached hereto and made a part hereof.

The legal description herein, or the map attached hereto, defining the location of this utility distribution easement, was prepared by Grantee (use Pacific Gas and Electric Company if joint with telco) pursuant to Section 8730(c) of the Business and Professions Code.

This document may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land.

Dated: __________________, _______.

_________________________________
Name of Grantor

__________________________________
Name of Grantor

Utility Distribution Easement (02/2020)
Pacific Gas and Electric Company
EXHIBIT “?”

GRANT OF EASEMENT DISCLOSURE STATEMENT
This Disclosure Statement will assist you in evaluating the request for granting an easement to Pacific Gas and Electric Company (PG&E) to accommodate a utility service extension to PG&E’s applicant. Please read this disclosure carefully before signing the Grant of Easement.

You are under no obligation or threat of condemnation by PG&E to grant this easement.  The granting of this easement is an accommodation to PG&E’s applicant requesting the extension of PG&E utility facilities to the applicant’s property or project. Because this easement is an accommodation for a service extension to a single customer or group of customers, PG&E is not authorized to purchase any such easement.
 By granting this easement to PG&E, the easement area may be used to serve additional customers in the area and may be used to install additional utility facilities. Installation of any proposed facilities outside of this easement area will require an additional easement.  Removal and/or pruning of trees or other vegetation on your property may be necessary for the installation of PG&E facilities. You have the option of having PG&E’s contractors perform this work on your property, if available, or granting permission to PG&E’s applicant or the applicant’s contractor to perform this work. Additionally, in order to comply with California fire laws and safety orders, PG&E or its contractors will periodically perform vegetation maintenance activities on your property as provided for in this grant of easement in order to maintain proper clearances from energized electric lines or other facilities.
 The description of the easement location where PG&E utility facilities are to be installed across your property must be satisfactory to you.
 The California Public Utilities Commission has authorized PG&E’s applicant to perform the installation of certain utility facilities for utility service. In addition to granting this easement to PG&E, your consent may be requested by the applicant, or applicant’s contractor, to work on your property. Upon completion of the applicant’s installation, the utility facilities will be inspected by PG&E. When the facility installation is determined to be acceptable the facilities will be conveyed to PG&E by its applicant.

By signing the Grant of Easement, you are acknowledging that you have read this disclosure and understand that you are voluntarily granting the easement to PG&E. Please return the signed and notarized Grant of Easement with this Disclosure Statement attached to PG&E.

The duplicate copy of the Grant of Easement and this Disclosure Statement is for your records.

Item 6i
Department: Parks and Recreation
Cost Center: 7001
For Agenda of: 9/16/2025
Placement: Consent
Estimated Time: N/A
FROM: Greg Avakian, Parks & Recreation Director
Prepared By: Lily Honer-Hollstien, Business Analyst; Devin Hyfield, Recreation Manager SUBJECT: AUTHORIZATION TO APPLY FOR THE 2025 LAND AND WATER

CONSERVATION FUND GRANT CYCLE

RECOMMENDATION

1. Adopt a Draft Resolution affirming the submittal of a grant application, for a matching grant of $585,000, with the minimum award of $292,500, from the California Department of Parks and Recreation Office of Grants and Local Services (OGALS) for the Land and Water Conservation Fund (LWCF) (Attachment A); and

2. Authorize the Assistant City Manager to execute the necessary grant documents and appropriate the grant amount into the Parks and Recreation Department’s parkland improvement project budget to support current park improvement projects upon grant award.

POLICY CONTEXT
The City’s Financial Management Manual, Section 740, requires City Council authorization to submit grant applications in excess of $5,000. In particular, section 3(d) states:

For grants in excess of $5,000, prepare a Council Agenda Report requesting authorization to seek grant funding. This report should describe the grant program's conformance with this policy, including the results of the cost/benefit analysis.

DISCUSSION
Background
The City of San Luis Obispo (City) park system includes a diverse mix of 28 parks and recreation facilities covering approximately 206 acres. The City’s parks include a broad range of recreational features, and there are various park and facility improvements or enhancements scheduled in the City’s 2025-2027 Capital Improvements Program, including a project to upgrade and replace playground equipment at DeVaul Park.

At this time, grant opportunities are available that can augment City funds for the purposes of developing and revitalizing City parks. The Land and Water Conservation Fund (LWCF)

Item 6i
is administered by the California Department of Parks and Recreation Office of Grants and Local Services (OGALS). Established by Congress in 1964, the LWCF invests earnings from offshore oil and gas leasing to provide grants to State and local governments and acquire lands, waters, and interests in alignment with federal land management objectives. The program was fully and permanently funded through the Great American Outdoors Act of 2020. Congress determines each state’s annual allocation based on a population-based formula, and LWCF grants play a key role in helping communities expand and enhance parks, thereby increasing recreational opportunities for residents. Examples include aquatic centers, athletic fields, community gardens, outdoor gym equipment, public art, amphitheaters, etc.

Staff has determined the DeVaul Park Playground Replacement CIP project may be eligible for funding under the LWCF and, if awarded, could provide supplementary funding for additional park improvements related to the outdoor basketball court and shaded seated area. The DeVaul Park Playground Equipment Replacement CIP project (CIP No. 2000033) is fully designed (Attachment C) for construction and funded within the 2025- 2026 CIP program. The project currently includes replacement of the nearly 25-year-old playground with updated and modern equipment for ages 0-5 and 5-12, expansion of ADA pathways and seating bordering the playground. The opportunity of the LWCF Grant would allow for expanding the project to include replacement of the aging basketball court (including new backboards and hoops), additional social gathering space, and the addition of formal shade structures for the seating and playground area.

Due to the timing of the LWCF grant application due date of August 5, 2025, staff submitted an application for LWCF grant funding on August 4, 2025, for the DeVaul Playground Replacement Project during the City Council summer hiatus. Staff is requesting that the City Council confirm authorization for the application. If Council selects not to authorize the submittal of the grant application, Staff will withdraw the application from consideration and move forward with the current project plan of playground replacement. Staff anticipate receiving notification of grant rejection or award in Winter 2026. One of the required attachments in the LWCF Grant Application (Attachment B) is to provide a signed resolution (Attachment A) from the local jurisdiction’s governing body, to authorize the submittal of the application to OGALS.

Public Engagement
The project site plan was developed from key takeaways from the public engagement events held in August 2023 at DeVaul Park and at multiple Parks and Recreation Commission (PRC) meetings held in 2023-2024. DeVaul Park is situated in a mix of lowincome housing, and single and multi-family housing that supports key community demographics which Parks and Recreation has intentionally programmed and showcased the playground projects during the summer Monday Meet-Up events (2022 - 2025), as well as Rec Is Rad afterschool program (2023 and 2024).

ENVIRONMENTAL REVIEW
The recommended action is not subject to review under the California Environmental Quality Act (CEQA), as it is not a “project” under CEQA Guidelines Section 5378. Any grant funding

Item 6i
received for specific projects will undergo the mandatory environmental review as is required through CEQA.

The LWCF Grant is federally funded and we acknowledge the project would require compliance with the National Environmental Policy Act ("NEPA") 42 U.S.C. § 4321 et seq., overseen by the National Parks Service ("NPS"). Based on the project scope, staff anticipates that it will qualify for a Categorical Exclusion. Further NEPA Review would occur if the grant is awarded and staff will revisit compliance requirements at that stage, and the City may decline the award if federal obligations change.

FISCAL IMPACT
Budgeted: Yes Budget Year: 2025-26
Funding Identified: Yes
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $585,000 $585,000 $0
State
Federal $585,000
Fees
Other:

Total $585,000 $585,000 $585,000 $0
The DeVaul Park Playground Replacement Project (CIP No. 2000033) is currently funded in the FY 2025–26 Capital Improvement Program with an appropriation of $585,000. The approved project scope includes replacement of the playground and construction of ADAaccessible seating along the adjacent pathways. This work is fully budgeted and planned for construction.

The LWCF grant provides an opportunity to expand the project scope. Staff have applied for a minimum award of $585,000, with a potential minimum award of $292,500, which would supplement the current appropriation from the City. The LWCF Grant requires a one-to-one match, which is satisfied by the $585,000 CIP appropriation. No additional City funds are needed at this time. If awarded, the grant would significantly expand the improvements at DeVaul Park without increasing General Fund commitments.

ALTERNATIVES
The City Council could deny the request to submit a grant application. Should City Council choose this option, the City will proceed with the currently funded project scope consisting of the playground replacement and associated ADA improvements.

ATTACHMENTS

Item 6i
A - Draft Resolution Approving the Application for the Land and Water Conservation Fund B - Land and Water Conservation Fund Application Form
C - Concept Design Plans for DeVaul Park (CIP No. 2000033)

RESOLUTION NO. _______ (2025 SERIES)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS

OBISPO, CALIFORNIA APPROVING THE GRANT APPLICATION FOR

THE LAND AND WATER CONSERVATION FUND FOR THE DEVAUL

PARK PLAYGROUND AND PARK AMENITIES REPLACEMENT

PROJECT
WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and WHEREAS, in June 2025, City Council adopted the 2025-27 Financial Plan, including the 2025-26 CIP Program containing the DeVaul Park Playground Equipment Replacement CIP project (CIP No. 2000033);
WHEREAS, the City of San Luis Obispo (applicant) applied for the Land and Water Conservation Fund Grant-In-Aid program to support and expand the scope of CIP No. 2000033; and;
WHEREAS, the applicant certifies by resolution the approval of the application and the availability of eligible matching funds prior to submission of the application to the State.

NOW, THEREFORE, BE IT RESOLVED that the City of San Luis Obispo hereby:

Section 1. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and
Section 2. Agrees to abide by 54 U.S.C. §200305(f)(3) which requires, “No property acquired or developed with assistance under this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation use. The Secretary shall approve a conversion only if the Secretary finds it to be in accordance with the then-existing comprehensive statewide outdoor recreation plan and only on such conditions as the Secretary considers necessary to ensure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.”
Section 3. Certifies that said agency has matching funds from eligible source(s) and can finance 100 percent of the project, which up to half may be reimbursed; and Section 4. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

Resolution No. _____ (2025 Series) Page 2
R ____
Section 5. Appoints the City of San Luis Obispo Assistant City Manager as agent of the applicant to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned project. We acknowledge the project would require compliance with the National Environmental Policy Act ("NEPA") 42 U.S.C. § 4321 et seq., overseen by the National Parks Service ("NPS"). Based on the project scope, staff anticipates that it will qualify for a Categorical Exclusion. Staff will revisit NEPA compliance if the grant is approved.

Upon motion of _______________________, seconded by
_______________________, and on the following roll call vote:

AYES:

NOES:

ABSENT:

The foregoing resolution was adopted this _____ day of _____________________ 2025.

ATTEST:
_______________________________ ________________________________ Teresa Purrington Mayor Erica A. Stewart
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, this ______ day of ______________, _________. _______________________________
Teresa Purrington
City Clerk

California Natural Resources Agency
Department of Parks and Recreation
Land and Water Conservation Fund Application Form
Project Name: Devaul Park Playground and Park Amenities Replacement J County: San Luis Obispo Total Project Cost:$585,000 Minimum Grant Request:$292,500 Total Pre-Award Planning Costs: Maximum Grant Request: $585,000 Project Site Address: 1651 Spooner Dr, San Luis Obispo, CA 93405 Project Site Latitude and Longitude: Nearest Cross Streets:

35.254891; -120.694049 Madonna Rd
Grant Applicant (Entity): City of San Luis Obispo
Grant Applicant Mailing Address: 990 Palm St, San Luis Obispo, CA 93401 Authorized Representative (as shown in the Resolution)
Name: Greg Avakian Title: Parks and Recreation Director Email: [email protected] Phone: 805-781-7120
Day-to-Day Contact (if different from the Authorized Representative) Name: Devin Hyfield Title: Recreation Manager
Email: [email protected] Phone: 805-781-7295
Type of Project: Development Acres to be Acquired:

Total Site Acreage Currently I Total Acreage to be Placed Under LWCF Protection: Under LWCF Protection: Q 93
GRANT SCOPE: I represent and warrant that this APPLICATION describes the intended use of the requested GRANT to complete the RECREATION FEATURES and MAJOR SUPPORT AMENITIES proposed through the PROJECT. I agree with the APPLICATION and procedural requirements described in the Application Guide and GRANT ADMINISTRATION GUIDE. I declare under penalty of perjury, under the laws of the State of California, that the information contained in this APPLICATION PACKET, including required attachments, is accurate.

Jte--� 07/31/2025
Signature of the Authorized Representative (as shown in the Resolution) Date Greg Avakian
Parks and Recreation Director
Print Name Title

DeVaul Park Playground
DRAFT Concept Design
January 2024

City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: September 16, 2025
TO: Mayor and Council
FROM: Aaron Floyd, Interim Public Works Director
Prepared By: Luke Schwartz, Transportation Manager
VIA: Whitney McDonald, City Manager
SUBJECT: ITEM 7a - RECOMMEND ADOPTION OF RESOLUTION OF NECESSITY

FOR THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL
PROPERTY INTERESTS (ASSESSOR’S PARCEL NUMBER 001-043-
027) FOR PUBLIC PURPOSES IN CONNECTION WITH THE
CALIFORNIA & TAFT ROUNDABOUT PROJECT (60 MINUTES)
Staff received the following questions on the agenda item related to proposed adoption of a Resolution of Necessity for the California & Taft Roundabout Project. The questions are below with staff’s response shown in italics:
1) Can you please explain what the highlighted portion of the paragraph below on pg. 378 of the Agenda Packet means? (excerpt below)

Item 7a - California & Taft Roundabout Resolution of Necessity Page 2 The highlighted text describes an element of the potential eminent domain process. If the Council chooses to adopt the proposed Resolution of Necessity, authorizing the City to initiate the eminent domain process for the roundabout project, staff are proposing that the City’s legal counsel file an order for prejudgment possession of the Subject Property Interests required to construct the roundabout. In eminent domain, the government (or agency) can file a motion to ask the court for the right to take possession of the property before the full case is finished. If the court approves, the agency can start using the property right away even though the final compensation amount hasn’t been decided yet. Before getting early possession, the agency must deposit funds with the court based on the estimate of the property’s fair market value. Later, the court (or jury) decides the true amount of just compensation, which could be higher or lower. 2) How was fair share contribution amount ($97,547) by Cal Poly towards the roundabout project determined?
This fair share mitigation fee was determined in the Cal Poly Student Housing South Environmental Impact Report (EIR) (see pg. 14). This amount represents

2.6% of the total roundabout pre-construction and construction cost as estimated at the time the EIR was prepared (apx. $3.7 million total project cost). The 2.6% figure represents the percent increase in net new vehicle trips added to the California & Taft intersection by Cal Poly’s Student Housing South development.

Item 7a
Department: Public Works
Cost Center: 9501
For Agenda of: 9/16/2025
Placement: Public Hearing
Estimated Time: 60 Minutes
FROM: Aaron Floyd, Interim Public Works Director
Prepared By: Luke Schwartz, Transportation Manager
SUBJECT: RECOMMEND ADOPTION OF RESOLUTION OF NECESSITY FOR THE

ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY
INTERESTS (ASSESSOR’S PARCEL NUMBER 001-043-027) FOR

PUBLIC PURPOSES IN CONNECTION WITH THE CALIFORNIA & TAFT

ROUNDABOUT PROJECT

RECOMMENDATION

1. Adopt a Draft Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the California & Taft Roundabout Project (Certain Real Property Interests on APN 001- 043-027)”, included as Attachment A (“Resolution of Necessity”); and

2. Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive the evidence referenced in this Agenda Report (“Report”), take testimony from anyone wishing to address issues A, B, C, and D as outlined in the Report, and consider all evidence presented to determine whether to adopt the proposed Resolution of Necessity; and

3. If the City Council finds, based on the evidence contained and referred to in this Report, the testimony and comments submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then City Staff recommends that the City Council, in the exercise of its discretion, adopt proposed Draft Resolution which requires a 4/5ths vote of the entire City Council, authorizing the acquisition by eminent domain of the real property interests summarized below, described more particularly in the Exhibits to the Resolution of Necessity and referred to collectively as the "subject Property Interests”:
578 California Boulevard, San Luis Obispo, CA (APN 001-043-027) (“Property”) Owned by Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita Girit Patel 1992 Revocable Trust o An approximate 2,182 square foot fee portion of the Property for public street and right-of-way purposes, public utilities, drainage, and all uses necessary or convenient thereto in connection with the California & Taft Roundabout Project

Item 7a
(Project) described more particularly on EXHIBIT “A” and depicted on EXHIBIT “B” to the Resolution of Necessity; and
o An approximate 763 square foot temporary construction easement with a term of 18 months on the Property to facilitate the construction of the California & Taft Roundabout Project described more particularly on EXHIBIT “C” and depicted on EXHIBIT “D” to the Resolution of Necessity; and
o An approximate 1,614 square foot temporary non-exclusive access easement for a term of 18 months on the Property for ingress and egress and to complete driveway tie-in work and conform driveway to adjacent public street improvements in connection with the construction of the California & Taft Roundabout Project described more particularly on EXHIBIT “E” and depicted on EXHIBIT “F” to the Resolution of Necessity; and

4. If the City Council adopts the proposed Resolution of Necessity, authorize the City’s legal counsel to file and prosecute eminent domain proceedings for the acquisition of the Subject Property Interests by eminent domain; and

5. Authorize the City Manager to execute all necessary documents; and

6. Authorize the City Clerk to certify the adoption of the Resolution of Necessity; and

7. Authorize the Finance Director or their designee to approve purchases related to legal costs to support eminent domain proceedings up to $400,000; and

8. Authorize the Finance Director or their designee to approve other purchases related to property acquisition efforts for the California & Taft Roundabout Project (Account #2091503), including property purchases within the authorization previously provided by Council in closed session, up to the currently available project budget, and any subsequently amended budget approved by the City Manager.

REPORT-IN-BRIEF
City Public Works staff have been progressing with plans to construct a roundabout at the intersection of California Boulevard and Taft Street (“Project”) since 2017. The existing unsignalized intersection operates deficiently per the City’s adopted performance thresholds and experiences a high rate of collisions. Installation of a roundabout has been identified as the preferred mitigation strategy to improve operations and safety at this intersection and is consistent with the recommendations of the City’s General Plan Circulation Element, Active Transportation Plan, previous Traffic Safety Reports, and Draft Vision Zero Action Plan.

The City cannot construct the Project without the acquisition of the Subject Property Interests from the property at 578 California Boulevard (“Property”). Staff has attempted to negotiate in good faith with the record owners, Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita Girit Patel 1992 Revocable Trust (“Record Owners”) since 2017. Specifically, the City obtained a fair market value estimate of the just compensation for the Subject Property Interests and several updates to the fair market value estimate and presented written offers many times since 2017 in accordance with the requirements of Government Code 7627.2. The most recent offer was dated May 28, 2025.

Item 7a
Despite significant efforts by the City to attempt to reach a negotiated agreement with the Record Owners for the Subject Property Interests, negotiations have been unsuccessful.

The Record Owners have not been responsive to the City’s efforts for several years.

Based on the timing of the Project, it is necessary that the City consider the adoption of the Resolution of Necessity (Attachment A) at this time. The adoption of a Resolution would authorize initiation of the eminent domain process, but does not preclude the City from continuing to attempt to reach an agreement with the Record Owners for the acquisition of the Subject Property Interests.

POLICY CONTEXT
The City’s Financial Management Manual establishes policies and procedures governing the acquisition of real property, rights-of-way, and easements. Section 475-B provides that the City Council must authorize all such acquisitions, whether in fee title or by easement, and that these actions are typically programmed through the Financial Plan or Capital Improvement Program (CIP). The Manual further requires that all acquisitions be consistent with adopted City plans and policies and that the Planning Commission review proposed acquisitions for General Plan consistency in accordance with Government Code Section 65402.

For the acquisition of right-of-way, the City’s Financial Management Manual specifies that the City follows the State of California Streets and Highways Code for acquisition, vacation, and abandonment procedures, while reserving utility easements as necessary to protect public infrastructure.

The City’s Purchasing Policy, Section 200, sets forth requirements for procuring professional services necessary to support real property acquisition, including appraisal, review appraisal, title services, relocation assistance, and right-of-way engineering or negotiation. All such services must be procured in accordance with established thresholds and competitive selection procedures, with City Council approval required for contracts of $200,000 or more.

The primary statutes governing the eminent domain process in California are found in the California Code of Civil Procedure (CCP) Sections 1230.010 through 1247.380, which detail the procedures for such actions, including property valuation methods, negotiation requirements, and court proceedings. Additionally, the California Government Code (CGC) Section 7267.2 outlines mandatory steps a public entity must take before acquiring property, such as making a compensation offer and providing an informational pamphlet to the property owner.

These policies collectively provide the framework under which the City may proceed with the adoption of a Resolution of Necessity to acquire property interests by eminent domain for public purposes. The California and Taft Roundabout Project is included in the City’s adopted CIP (see pg. 382), and was determined by the Planning Commission to be consistent with the City’s General Plan (see Agenda Item 3b), and requires the acquisition of specific right-of-way and easement interests to proceed.

Item 7a

INTRODUCTION
The City Council has before it a proposed Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests described above and in the attached Resolution of Necessity in connection with the proposed California & Taft Roundabout Project. The City seeks to acquire the Subject Property Interests described above for public use, namely for public street, roadway, utilities, drainage and all uses necessary or convenient thereto in connection with the Project. The City seeks to construct the Project to alleviate congestion, improve safety for vehicles, bicyclists and pedestrians, increase capacity and improve traffic flow at the intersection of California Boulevard and Taft Street.

The intersection of California Boulevard and Taft Street is identified in the City’s General Plan Circulation Element (pg. 2-35) and in the California Polytechnic University (Cal Poly) Housing South Environmental Impact Report (EIR) (pg. 12-14) as operating with levels of traffic congestion and vehicle delay that exceed the City’s adopted performance thresholds. In addition, this intersection has been identified as a high collision-rate intersection in the City’s previous Traffic Safety Reports and recent 2025 Draft Vision Zero Action Plan1. The City’s 2021 Active Transportation Plan (ATP) (see pg. 4 of the ATP Project List) also recommends modifications to this intersection to improve bicycle and pedestrian crossings—the need for which has increased with the recent extension of the Railroad Safety Trail along California Boulevard between Taft and Pepper Streets.

Reconstruction of this intersection as a single-lane urban roundabout is recommended in each of the planning documents referenced above as the appropriate mitigation measure to improve both traffic operations, pedestrian/bicycle crossings, and safety for all road users. The City’s General Plan Circulation Element and City Engineering Standards also include policies that prioritize roundabouts as the preferred form of intersection control for intersections that may otherwise be considered for signalization or all-way stop control.

Despite several years of good faith negotiations, City Public Works staff has been unsuccessful with acquiring the necessary right-of-way needed to support construction of a proposed roundabout at the intersection of California Boulevard and Taft Street. The purpose of this agenda item and public hearing is to request that the City Council consider the adoption of the attached Resolution of Necessity to authorize the acquisition of the Subject Property Interests necessary for the Project by eminent domain. As discussed below, the City has provided to the record owners of the Property the required notice pursuant to Code of Civil Procedure section 1245.235 of their right to appear and be heard regarding the proposed adoption of the Resolution of Necessity.

DISCUSSION
Background

1 More information on the City’s archived Traffic Safety Reports and Draft Vision Zero Action Plan are available on the City’s Traffic Safety webpage. See pg. 18, A-7, A-10, A-11, A-15 of Vision Zero Action Plan.

Item 7a
The intersection of California Boulevard & Taft Street is currently unsignalized, with stop control on the side street approach (Taft Street). The intersection serves a high level of vehicle, pedestrian, and bicycle activity due to its proximity to the Cal Poly campus, nearby retail businesses, transit stops, and the Railroad Safety Trail pedestrian and bicycle path, which runs along the west side of California Boulevard. The intersection currently operates deficiently per the City’s adopted level of service (LOS) performance thresholds, and experiences significant congestion and delays during peak traffic periods.

The intersection also experiences a high rate of collisions, as reported in previous publications of the City’s Traffic Safety Report and in the City’s recently published Draft Vision Zero Action Plan. In the past 10 years of available collision data (2019-2023), there have been 34 reported collisions at this intersection, including 18 injury collisions and two (2) collisions resulting in severe injuries. Roughly half (44%) of these incidents involved head-on or broadside collision types, which are typically reduced with addition of a roundabout, which has been proposed as the preferred mitigation strategy for this intersection.

The City Public Works Department has been working on preparation of construction plans for a new roundabout at the California Boulevard & Taft Street intersection since 2017, and construction documents are now substantially complete. Figure 1 below illustrates the proposed roundabout design concept, while Attachment B to this report provides a larger size exhibit.

Figure 1: California Blvd./Taft St. Roundabout Design Concept

Item 7a
Due to the footprint of the roundabout, rights-of-way and temporary construction easements are necessary on both the northeast (552 California Boulevard) and southeast (578 California Boulevard) properties adjacent to the intersection. The City has successfully negotiated the purchase of the necessary real property interests from the real property located at 552 California Boulevard on the northeast corner. As of the date of this Report, however, the City has not reached mutual agreement for the purchase of the Subject Property Interests from the Property located at the southeast corner commonly known as 578 California Boulevard, despite ongoing negotiations. Based on the need to proceed with the much-needed public street improvements in connection with the Project and the City staff’s attempt to negotiate in good faith with the Record Owners of the Property since 2017, staff recommend that the City Council consider the adoption of the attached Resolution of Necessity to authorize the acquisition of the Subject Property Interests by eminent domain. Further details on the Subject Property and negotiations to date are provided later in this report.

Project Benefits and Design Alternatives Considered
A roundabout has been proposed as the preferred intersection design for the Project not only because this is consistent with the City’s adopted plans and policies, but because a roundabout is expected to provide superior benefit to the traveling public in terms of traffic operations, lower greenhouse gas emissions, and improved safety compared to other potential intersection-control alternatives. The Federal Highway Administration (FHWA) identifies roundabouts as a Proven Safety Countermeasure because they have been proven to:
 Promote lower traffic speeds
 Reduce intersection conflict points
 Improve traffic operations, reducing congestion, delays and vehicle emissions  Reduce severity of collisions and improve safety
According to FHWA, converting a side-street stop-controlled intersection to a roundabout can reduce potential for fatal and severe injury collisions by 82% on average. Other potential intersection-design alternatives, such as installation of a traffic signal or all-way stop control are not recommended for the intersection because these alternatives would not provide the same level of circulation and safety benefits to the public. Based on analysis of these alternatives, an all-way stop configuration would result in deficient traffic operations and a traffic signal would operate less efficiently than a roundabout and provide less safety benefit. For example, FHWA reports that replacing a traffic signal with a roundabout reduces potential for fatal and severe injury collisions by 78%, on average.

For the above reasons and for consistency with the City’s adopted circulation and safety plans, City staff recommend that the City Council continue to prioritize construction of a roundabout as the preferred design for the Project.

Item 7a
Description of the Property and the Subject Property Interests The Property is located at 578 California Boulevard, San Luis Obispo, California, and is identified as County of San Luis Obispo Tax Assessor’s Parcel Number 001-043-027.

The Property is 22,216 square feet (0.51-acre) in size. It is located on the southeast corner of the California Boulevard and Taft Street intersection and is improved with a small multi-tenant retail building. The location of the Property is shown in Figure 2 below.

Figure 2: Subject Property Location
The Subject Property Interests that are needed from the Property to construct the Project are described below and shown at a larger scale in Attachment C attached hereto and incorporated herein by this reference:

1. An approximate 2,182 square foot portion of the Property in fee for public street/right-of-way purposes.

2. An approximate 763 square foot temporary construction easement (TCE) on the Property for a term of 18 months to facilitate the construction of the Project.

3. An approximate 1,614 square foot temporary non-exclusive access easement on the Property for a term of 18 months for ingress and egress and to complete driveway tie-in work and conform the driveway to adjacent public street improvements.

Taft St
578 California
Blvd.

APN 001-043-027

Item 7a
Figure 3: 578 California Blvd. Right-of-Way Needs
The approximate 2,182 square foot portion of the Property that the City seeks to acquire in fee from the Property for public street/right-of-way purposes for the roundabout is not anticipated to result in any permanent impacts to the use or function of the retail businesses located on the Property. Access to the retail center will remain available from one driveway on Taft Street and a second driveway on California Boulevard, as exists currently, with no reduction in the number of parking spaces located on the Property. The roundabout construction will require the relocation of an existing monument sign, removal of a portion of the landscaping that currently exists along the property frontage, and removal of at least five (5) on-street public parking spaces located in the City’s public right of way on Taft Street.

City’s Actions Pursuant to Government Code Section 7267.2 & Summary of Good Faith Negotiations
The City retained Hamner Jewell and Associates as its professional right-ofway/acquisition consultant to assist the City with the City’s good faith negotiations for the acquisition of the Subject Property Interests. The City has been attempting to negotiate with the Record Owners of the Property since 2017. After obtaining independent appraisals of fair market value of the Subject Property Interests, formal written offers were extended consistent with Government Code section 7260, et seq. to the Record Owners of the Property − Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable Living Trust. Updated appraisals and written offers were extended in 2018, 2019, 2023, 2024, and most recently in May of 2025. The most recent offer dated May 28, 2025, was based on an April 17, 2025, date of value.

The May 28, 2025 offer letter (Attachment D) contained an appraisal summary statement that described the zoning, highest and best use of the Property, explained the appraiser’s

Item 7a
valuation methodology, and included the comparable sales data relied on by the appraiser. The offer letter offered to pay the reasonable costs, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure section 1263.025. Further, the offer letter included an eminent domain pamphlet explaining the eminent domain process and the rights of the Record Owners. The City’s most recent offer letter dated May 28, 2025, is incorporated herein by this reference.

In 2017 and 2018, there were productive communications with the Record Owners regarding the Project and the City’s proposed acquisition of the Subject Property Interests, including an on-site meeting and several responses to questions posed by the Record Owners regarding the Project; however, communications ultimately broke down in 2019. The Record Owners have generally not been responsive to the City’s attempts to discuss the Project, the City’s offers to purchase the Subject Property Interests, or the City’s attempts to negotiate in good faith for the acquisition of the Subject Property Interests despite numerous attempts to contact them via phone, email, and by mail. Early in negotiations in 2018, the Record Owners verbally suggested a fair compensation value at an amount more than double the appraised value; however, the City has not yet received from the Record Owners a formal independent appraisal, valuation information to support their verbal counteroffer, or a written counteroffer explaining their justification to support the amount of the verbal counteroffer. Based on initial discussions, the Record Owners were generally opposed to the construction of the roundabout improvements, with specific concerns regarding loss of public street parking located in the City’s existing right of way on Taft Street. Currently, there are eight (8) parking spaces in the public right of way on Taft Street, and the roundabout construction would require elimination of at least five (5) of these public street parking spaces. The Project will not impact any private off-street parking spaces located on the Property itself. The City has not received any response from the Record Owners following subsequent offers or attempts to contact them from 2023 to date, including attempts by staff to reach them via phone and email in 2025 ahead of this hearing.

Based on the timing of the Project and because good faith efforts to negotiate on this matter have been unsuccessful and the Record Owners have been non-responsive for multiple years, it is necessary that the City Council consider of the Resolution of Necessity at this time.

City’s Actions Pursuant to Code of Civil Procedure Section 1245.235 Pursuant to Code of Civil Procedure section 1245.235, the City sent a letter and a notice by first-class mail dated August 27, 2025, to the Record Owners of the Property − Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable Living Trust − informing them of the City’s intent to consider at its September 16, 2025, meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests in connection with the Project. The notice advised the Record Owners of their right to appear and be heard regarding the City’s proposed adoption of the Resolution of Necessity by filing, within fifteen (15) days of the date the notice was mailed, a written request with the City to appear at the hearing. The notice specifically informed the Record Owners of Property that they have an opportunity to appear before the City Council and raise questions about

Item 7a
whether the public interest and necessity require the Project; whether the Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Property Interests the City seeks to acquire from the Record Owners are necessary for the Project. Per CCP Section 1245.235, the City is not obligated to provide the Record Owners an opportunity to appear and be heard if they fail to file a written request to do so within fifteen (15) days of the date the legal notice was mailed. As of September 5th, 2025, City staff has not received any response from the Record Owners.

AUTHORIZATION FOR ACQUISITION BY EMINENT DOMAIN OF THE SUBJECT

PROPERTY INTERESTS AND FINDINGS REQUIRED FOR ADOPTION OF

RESOLUTIONS OF NECESSITY
The City seeks to acquire the Subject Property Interests described above for public use, namely for the construction of public street, sidewalk, public utilities, drainage, related improvements, and all uses necessary or convenient thereto in connection with the Project pursuant to the authority conferred upon the City to acquire property by eminent domain by California Constitution, Article 1, section 19, California Government Code sections 37350, 37350.5, 37351, and 40404, and California Code of Civil Procedure section 1230.010 et seq. (Eminent Domain Law), including but not limited to sections 1240.010 through 1240.050, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by other provisions of law.

Pursuant to Code of Civil Procedure section 1245.235 a public entity may not commence an eminent domain proceeding until its governing body has adopted a Resolution of Necessity, which resolution may only be adopted after the governing body has given each party with an interest in the affected property or their representatives reasonable opportunity to appear and be heard on the matters referred to in Code of Civil Procedure section 1240.030. To adopt the proposed Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests, the City Council must find and determine that:

A. The public interest and necessity require the Project; and B. The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; and
C. The Subject Property Interests described in the Resolution of Necessity are necessary for the Project; and
D. The City has made the offer required by Government Code section 7267.2 to the owner or owners of record of the Subject Property Interests the City seeks to acquire.

The amount of just compensation is not an issue before the City Council at this hearing.

The hearing relates to issues A, B, C, and D above. The amount of just compensation

Item 7a
would be determined in the eminent domain proceeding that the City will file if the City Council, in its sole discretion, adopts the proposed Resolution of Necessity.

The above four required findings are discussed below.

A. The Public Interest and Necessity Requiring the Project The Project, as planned and designed, is in the public interest and necessity. The Project is consistent with the Circulation Element of the General Plan. It is intended to alleviate congestion, improve safety for vehicles, bicyclists and pedestrians, increase capacity and improve traffic flow operation at the intersection of California Boulevard and Taft Street.

As described above, the intersection of California Boulevard and Taft Street currently operates deficiently per the City’s adopted performance thresholds and has a documented history of collisions and traffic safety concerns. Installation of a roundabout at this intersection is recommended in the City’s adopted General Plan Circulation Element, Active Transportation Plan, and multiple safety plans. The Project, which will improve traffic operations, pedestrian and bicycle access, and improve safety for all road users, is in the public interest and necessity.

The intersection of California Boulevard and Taft Street is identified in the City’s General Plan Circulation Element and the California Polytechnic University (Cal Poly) Housing South Environmental Impact Report (EIR) as operating with levels of traffic congestion and vehicle delay that exceed the City’s adopted performance thresholds. In addition, this intersection has been identified as a high collision-rate intersection in the City’s previous Traffic Safety Reports and recent 2025 Draft Vision Zero Action Plan. The City’s 2021 Active Transportation Plan (ATP) also recommends modifications to this intersection to improve bicycle and pedestrian crossings—the need for which has increased with the recent extension of the Railroad Safety Trail along California Boulevard between Taft and Pepper Street. The roundabout has been proposed as the preferred intersection design for the Project not only because this is consistent with the City’s adopted plans and policies, but because a roundabout is expected to provide superior benefit to the traveling public in terms of traffic operations, lower greenhouse gas emissions, and improved safety compared to other potential intersection-control alternatives.

The Project is in the public interest and necessity because it seeks to improve safety and traffic circulation at the intersection of California Boulevard and Taft Street by constructing a roundabout and related improvements consistent FHWA’s recommendations for such intersections. As noted above, roundabouts are shown to promote lower traffic speeds, reduce intersection conflict points, improve traffic operations, reducing congestion, delays and vehicle emissions, and reduce severity of collisions and improve safety. Based on analysis of alternative intersection improvements, an all-way stop configuration would result in deficient traffic operations and a traffic signal would operate less efficiently than a roundabout and provide less safety benefit.

Reconstruction of this intersection as a single lane urban roundabout, as planned and designed, will help improve both traffic operations, pedestrian/bicycle crossings, and safety for all road users. The City’s General Plan Circulation Element and City

Item 7a
Engineering Standards also include policies that prioritize roundabouts as the preferred form of intersection control for intersections that may otherwise be considered for signalization or all-way stop control.

B. The Project is Planned and Located in the Manner that Will be Most Compatible with the Greatest Public Good and the Least Private Injury The Project is planned and located in the manner that is most compatible with the greatest public good and the least private injury. The Project is planned and designed to construct necessary public street, sidewalk, public utility, drainage, and related improvements to alleviate congestion, improve safety and traffic circulation at the consistent with the Circulation Element of the General Plan. The Project is intended to alleviate congestion, improve safety for vehicles, bicyclists and pedestrians, increase capacity and improve traffic flow operation at the intersection of California Boulevard and Taft Street.

The intersection of California Boulevard and Taft Street is identified in the City’s General Plan Circulation Element and California Polytechnic University (Cal Poly) Housing South Environmental Impact Report (EIR) as operating with levels of traffic congestion and vehicle delay that exceed the City’s adopted performance thresholds. In addition, this intersection has been identified as a high collision-rate intersection in the City’s previous Traffic Safety Reports and recent 2025 Draft Vision Zero Action Plan. The City’s 2021 Active Transportation Plan (ATP) also recommends modifications to this intersection to improve bicycle and pedestrian crossings—the need for which has increased with the recent extension of the Railroad Safety Trail along California Boulevard between Taft and Pepper Streets.

Reconstruction of this intersection as a single lane urban roundabout, as planned and designed, will help improve both traffic operations, pedestrian/bicycle crossings, and safety for all road users. The City’s General Plan Circulation Element and City Engineering Standards also include policies that prioritize roundabouts as the preferred form of intersection control for intersections that may otherwise be considered for signalization or all-way stop control.

In guiding the Project’s design, City staff and engineering design consultants evaluated a variety of design alternatives. For example, the City considered shifting the alignment of the proposed roundabout to the west to avoid impacts to private properties on the east side of the California and Taft intersection; however, this would encroach into the existing Railroad Safety Trail pedestrian/bicycle path and private property owned by Union Pacific Railroad (UPRR). UPRR is not supportive of permanent encroachment into this right-ofway due to proximity to the adjacent active rail corridor and safety concerns. Further, the City evaluated the potential to reduce the size of the proposed roundabout to minimize property impacts; however, the roundabout footprint could not be reduced further while still complying with applicable engineering design standards for safety and functionality.

The City also evaluated alternative intersection design strategies other than a roundabout, including all-way stop control and installation of a traffic signal. However, these alternatives would not provide acceptable traffic operations and/or safety benefits to the public commensurate with the proposed Project, nor would these alternatives

Item 7a
provide consistency with the City’s adopted circulation and safety plans and policies. The Project, as currently proposed, offers the greatest public benefit with the least private detriment.

The Project, as planned and located, is also planned and designed to minimize the impact on private parcels. The Subject Property Interests consist of (i) an approximate 2,182 square foot portion of the Property in fee for public street/right-of-way purposes; (ii) an approximate 763 square foot TCE on the Property for a term of 18 months to facilitate the construction of the Project; and (iii) an approximate 1,614 square foot temporary nonexclusive access easement on the Property for a term of 18 months for ingress and egress and to complete driveway tie-in work and conform driveway to adjacent public street improvements. The construction of the Project and acquisition of the Subject Property Interests will not impact the structures or parking on the Property. Further, the construction of the Project and the acquisition of the Subject Property Interests do not require the relocation of any person or business from the Property.

Sprint Communications Company retains a telecommunications easement across the Subject Property. However, staff has confirmed with Sprint representatives that no actual facilities are installed on the Subject Property and the roundabout project and proposed easement acquisitions do not conflict with any current or planned Sprint facilities. With this said, the public use for which the City seeks to acquire the Subject Property Interests, namely for public street, public utilities, drainage improvements, and all uses necessary or convenient thereto in connection with the Project is a joint and compatible use and will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure section 1240.510). The Project will not require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests, and the City’s use of the Subject Property Interests for the Project is for a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure sections 1240.510, 1240.610, and 1240.650.

C. The Subject Property Interests are Necessary for the Project The City cannot construct the Project, as planned and designed, without the Subject Property Interests. As described above, the Subject Property Interests consist of (i) an approximate 2,182 square foot portion of the Property in fee for public street/right-of-way purposes; (ii) an approximate 763 square foot TCE on the Property for a term of 18 months to facilitate the construction of the Project; and (iii) an approximate 1,614 square foot temporary non-exclusive access easement on the Property for a term of 18 months for ingress and egress and to complete driveway tie-in work and conform driveway to adjacent public street improvements. The City cannot construct the necessary public street, sidewalk, public utility, drainage and related improvements in connection with the Project without the acquisition of the Subject Property Interests.

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D. The City has Made the Offer Required by Government Code Section 7267.2 to the Record Owner of the Subject Property Interests
As previously described, the City has made several formal offers to acquire the Subject Property Interests in accordance with Government Code 7267.2. The City’s most recent offer dated May 28, 2025, was based on an April 17, 2025 date of value.

The May 28, 2025 offer letter contained an appraisal summary statement that described the zoning, highest and best use of the Property, explained the appraiser’s valuation methodology, and included the comparable sales data relied on by the appraiser. The offer letter offered to pay the reasonable costs, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure section 1263.025. Further, the offer letter included an eminent domain pamphlet explaining the eminent domain process and the rights of the Record Owners.

Incorporation of Documents
The above-referenced documents, including the City’s General Plan, Circulation Element, Project-related documents, including traffic studies and analyses in connection with the Project, Environmental Documents discussed below, the May 28, 2025 offer letter, and the notice sent to the Record Owners pursuant to Code of Civil Procedure section 1245.235 are in the Council Reading File, and are incorporated herein by this reference.

Eminent Domain Process and Next Steps
If the City Council, in its discretion, adopts the Resolution of Necessity, it authorizes the City’s counsel to initiate an eminent domain proceeding to condemn the Subject Property Interests. The eminent domain process may take more than a year from initiation of proceedings to conclusion of proceedings. In an effort to expedite this process and reduce potential for further delays and escalation of Project costs, staff is proposing that counsel for the City file a motion for an order for prejudgment possession to allow the City to take possession and control of the property when the City is ready to commence construction.

As part of that process, the City will deposit the probable compensation for the Subject Property Interests set forth in the City’s offer of May 28, 2025. Construction documents for the roundabout are substantially complete and could be ready to bid in 2025; however, considering additional utility coordination required and the likely duration of the eminent domain process, the most realistic date that the Project could be expected to start construction is summer of 2026.

Previous Council or Advisory Body Action
The City Council met in Closed Session regarding the real property negotiations on the following dates, with no reportable actions taken:
 July 9, 2018
 January 17, 2023
 July 11, 2023
 June 18, 2024

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The Planning Commission reviewed the City’s 2025-27 CIP on May 28, 2025, including the California & Taft Roundabout Project, and determined the project to be consistent with the General Plan. The Active Transportation Committee has discussed the California & Taft Roundabout Project several times over the years, and most recently identified this project as a high-priority budget goal during their November 21, 2024, meeting on budget goals for the 2025-27 Financial Plan.

Public Engagement
This item is on the Council Agenda for the September 16, 2025 meeting and will follow all required notifications to the Record Owners. The public may have an opportunity to comment on this item at or before the meeting.

CONCURRENCE
The City Public Works Department, City Attorney’s Office, Finance Department and City Administration have reviewed this staff report and concur with its recommendations.

ENVIRONMENTAL REVIEW
The Project has been evaluated pursuant to requirements of the California Environmental Quality Act (CEQA) and was found to be Categorically Exempt per CEQA Guidelines section 15301 (Class 1 Exemption – Existing Facilities). A Notice of Exemption (NOE) was filed for the Project with the San Luis Obispo County Clerk’s Office on June 2, 2019, in accordance with Public Resources Code section 21152. No substantial changes to the Project designs have been made since 2019 such that revisions to the previously approved NOE would be required. The categorical exemption and NOE are referred to below collectively as the “Environmental Documents”.

The environmental effects of the acquisition of the real property interests needed for the Project were studied and analyzed as an integral part of the Environmental Documents for the Project. On July 28, 2025, City staff reviewed the Environmental Documents in connection with the City’s review of the proposed acquisition of the Subject Property Interests and determined that the Project and acquisition of the Subject Property Interest are consistent with the findings in the Environmental Documents. Pursuant to the criteria of section 15162 of the CEQA Guidelines and section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under with the Project is undertaken and the City has not obtained any new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests for the Project.

FISCAL IMPACT
Budgeted: Yes Budget Year: 2025-27
Funding Identified: Yes

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Fiscal Analysis:

If the Council chooses to adopt the Resolution of Necessity and authorize the acquisition of the Subject Property Interests by eminent domain, actual costs of the legal proceedings are anticipated to range as high as $200,000 or more depending on the ultimate scope and duration of the proceedings. While staff anticipates that a budget of $200,000 is reasonable for legal costs related to eminent domain proceedings, if the Council supports initiating the eminent domain process, staff is recommending that the Council provide authorization at this time for expenditures up to $400,000 to avoid delays if actual costs exceed preliminary estimates.

The current available balance in the Project account (Specification No. 2091503) is $859,124. Staff believes this is sufficient funding to initiate the eminent domain process with an estimated budget of $200,000 for legal support and court fees, while retaining sufficient funds to purchase the Subject Property Interests at the appraised fair market value of $313,000, resulting in a total anticipated expenditure of $513,000 for property acquisition and legal costs. This would leave approximately $346,124 in remaining project contingency funds.

Currently, the total estimated cost for Project construction is $3.98 million, which includes direct construction costs, contingencies, construction engineering and contract inspection support, and public communications. In addition to the $346,124 in current funding that is anticipated to remain following property acquisition and legal expenditures, an additional $3.65 million in new funding is programmed for the project in the 2025-27 Financial Plan for FY2026-27. In total, this will provide $3.99 million in Project funding, which is expected to be sufficient to fund construction.

While not currently programmed, it should also be noted that Cal Poly is required to contribute an additional $78,037 in mitigation fees towards construction of the roundabout as a mitigation requirement per the Cal Poly Housing South Project EIR, with payment to be provided when construction begins, which will provide additional funding to support the Project. Cal Poly’s total fair share financial obligation to this project is $97,547, with 20% of this fee already paid towards project pre-construction activities, and the remaining 80% due upon construction initiation.

If successful with right-of-way acquisition, staff will return to Council in 2026 to approve final plans and specifications and request authorization to advertise for construction bids.

Funding
Sources
Total Budget
Available in
Project Account
2091503
Funding Requested for
Property Acquisition
within Project Account
2091503
Remaining
Balance in
Project Account
2091503
Capital Outlay
(LRM) $359,124 $359,124 $0
Fees: TIF $500,000 $153,876 $346,124
Other:

Total $859,124 $513,000 $346,124

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The table above summarizes existing project funding and anticipated project costs to be incurred for eminent domain legal costs, as well as the ultimate purchase of the required right-of-way and easements. Construction funding is not requested with this action and is thus, not shown in the above table.

ALTERNATIVES

1. Council could decide not to adopt a Resolution of Necessity at this time, directing staff to continue negotiations with the 578 California Boulevard property owners. The Record Owners have not been responsive to the City’s attempts to meet with them and engage in good faith negotiations for multiple years, and it is unlikely that a mutual agreement can be reached at this point. This alternative could delay the Project for several more years, while construction costs continue to escalate.

2. Council could decide not to adopt a Resolution of Necessity at this time, directing staff to pursue alternative intersection designs that may avoid the need for off-site right-of-way acquisition, such as a traffic signal. Staff have evaluated a number of alternative designs as described in this report and have concluded that those alternatives would not provide the same level of circulation and safety benefits to the public as the currently proposed roundabout. Additionally, the current proposed design is consistent with the City’s adopted plans and policies.

ATTACHMENTS
A - Draft Resolution of Necessity
B - Roundabout Design Exhibit
C - 578 California Boulevard Right-of-Way Needs Exhibit D - Government Code Offer Letter

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RESOLUTION NO. _____ (2025 SERIES)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS

OBISPO, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY

INTERESTS NECESSARY FOR PUBLIC PURPOSES AND

AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH

THE CALIFORNIA & TAFT ROUNDABOUT PROJECT (CERTAIN REAL
PROPERTY INTERESTS ON APN 001-043-027)
WHEREAS, the City of San Luis Obispo, California (“City”) seeks to construct the California & Taft Roundabout Project (“Project”) to alleviate congestion, improve safety for vehicles, bicyclists and pedestrians, increase capacity and improve traffic flow operation at the intersection of California Boulevard and Taft Street; and WHEREAS, the City seeks to construct public street improvements consisting of a roundabout and related street improvements to improve traffic operations and safety for all road users of the California Boulevard and Taft Street intersection, consistent with the City’s adopted plans and policies; and
WHEREAS, the intersection of California Boulevard and Taft Street currently operates deficiently per the City’s adopted performance thresholds and has a documented history of collisions and traffic safety concerns. Installation of a roundabout at this intersection is recommended in the City’s adopted General Plan Circulation Element, Active Transportation Plan, and multiple safety plans. The construction of the Project will benefit the City and the public because the intersection of California Boulevard and Taft Street is identified in the City’s General Plan Circulation Element and California Polytechnic University (Cal Poly) Housing South Environmental Impact Report (EIR) as operating with levels of traffic congestion and vehicle delay that exceed the City’s adopted performance thresholds. In addition, this intersection has been identified as a high collision-rate intersection in the City’s previous Traffic Safety Reports and recent 2025 Draft Vision Zero Action Plan. The City’s 2021 Active Transportation Plan (ATP) also recommends modifications to this intersection to improve bicycle and pedestrian crossings—the need for which has increased with the recent extension of the Railroad Safety Trail along California Boulevard between Taft and Pepper Streets; and WHEREAS, the City seeks to construct the Project to improve safety and traffic circulation at the intersection of California Boulevard and Taft Street by constructing a roundabout and related improvements consistent with the Federal Highway Administration’s (FHWA) recommendations for such intersections. Roundabouts are shown to promote lower traffic speeds, reduce intersection conflict points, improve traffic operations, reduce congestion, delays and vehicle emissions, and reduce severity of collisions and improve safety. Based on an analysis of these alternatives, an all-way stop configuration would result in deficient traffic operations and a traffic signal would operate less efficiently than a roundabout and provide less safety benefit. The reconstruction of this intersection as a single-lane urban roundabout is recommended in each of these planning documents as the appropriate mitigation measure to improve both traffic operations, pedestrian/bicycle crossings, and safety for all road users. The City’s General

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Plan Circulation Element and City Engineering Standards also include policies that prioritize roundabouts as the preferred form of intersection control for intersections that may otherwise be considered for signalization or all-way stop control; and WHEREAS, the Project requires the acquisition of certain real property interests, consisting of (collectively “Subject Property Interests”) on the real property located at 578 California Boulevard, San Luis Obispo, California, and is identified as County of San Luis Obispo Tax Assessor’s Parcel Number 001-043-027 (“Property”): (a) an approximate 2,182 square foot portion of the Property in fee for public street/right-of-way purposes, public utilities, drainage, and all uses necessary or convenient in connection with the Project described more particularly on EXHIBIT “A” and depicted on EXHIBIT “B” attached hereto and incorporated herein by this reference; (b) an approximate 763 square foot temporary construction easement (TCE) on the Property for a term of 18 months from date of possession of the Property to facilitate the construction of the Project described more particularly on EXHIBIT “C” and depicted on EXHIBIT “D” attached hereto and incorporated herein by this reference; and (c) an approximate 1,614 square foot temporary non-exclusive access easement on the Property for a term of 18 months from date of possession of the Property for ingress and egress and to complete driveway tiein work and conform driveway to adjacent public street improvements described more particularly on EXHIBIT “E” and depicted on EXHIBIT “F” attached hereto and incorporated herein by this reference; and
WHEREAS, the City is authorized to acquire the Subject Property Interests described above and in Section 3 below for the construction of public street, roadway, sidewalk, public utilities, drainage and all uses necessary or convenient thereto in connection with the Project pursuant to the authority conferred upon the City to acquire property by eminent domain by California Constitution, Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, and 40404, and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010 through 1240.050, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by other provisions of law; and
WHEREAS, the Subject Property Interests were appraised by an independent real estate appraiser and the amount City Council set is just compensation for the Subject Property Interests at the fair market value set forth in the Appraisal. The most recent written offer for the fair market value of the Subject Property Interests was mailed to the owners of record of the Property on May 28, 2025, pursuant to Government Code 7267.2; and
WHEREAS, pursuant to Code of Civil Procedure section 1245.235, the City sent a letter and notice by first-class mail dated August 27, 2025, to the record owners of the Subject Property Interests advising the Record Owners, Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable Trust (“Record Owners”), regarding the City’s intent to consider at its September 16, 2025, meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests in connection with the Project.

Resolution No. _____ (2025 Series) Page 3
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NOW, THEREFORE, BE IT RESOLVED, by at least a two-thirds vote of the City Council of the City of San Luis Obispo under Code of Civil Procedure sections 1240.030, 1240.040, 1245.220, 1245.230, and 1245.240, that the City does hereby find and determine as follows:

SECTION 1. Incorporation of Findings and Recitals. The City Council hereby specifically finds that all of the facts set forth in the above recitals of this Resolution are true and correct, are incorporated into this Resolution by this reference and constitute a material part of this Resolution.

SECTION 2. Compliance with California Code of Civil Procedure. The City has complied with the notice requirements of Code of Civil Procedure section 1245.235.

SECTION 3. Compliance with the California Environmental Quality Act. The environmental effects of the Project and the acquisition of the Subject Property Interests needed for the Project were studied and analyzed as an integral part of the City’s analysis under the California Environmental Quality Act (Public Resources Code sections 21000 et seq.) (CEQA). Specifically, the City determined that the Project was Categorically Exempt pursuant to CEQA Guidelines Section 15301 (Class 1 Exemption – Existing Facilities). A Notice of Exemption (NOE) was duly filed for the Project with the San Luis Obispo County Clerk’s Office on June 2, 2019, in accordance with Public Resources Code section 21152. No substantial changes to the Project designs have been made since 2019 such that revisions to the previously approved NOE would be required. The categorical exemption and NOE are referred to below collectively as the “Environmental Documents”.

The environmental effects of the acquisition of the real property interests needed for the Project were studied and analyzed as an integral part of the Environmental Documents for the Project. On July 28, 2025, City Staff reviewed the Environmental Documents in connection with the City’s review of the proposed acquisition of the Subject Property Interests and determined that the Project and acquisition of the Subject Property Interest are consistent with the findings in the Environmental Documents. Pursuant to the criteria of section 15162 of the CEQA Guidelines and section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under with the Project is undertaken and the City has not obtained any new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests for the Project.

SECTION 4. Adoption of Resolution of Necessity. The City Council hereby adopts Resolution No. ______________, A Resolution of the City Council of the City of San Luis Obispo, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the California & Taft Roundabout Project (Certain Real Property Interests on APN 001-043-027) (“Resolution of Necessity”). The City hereby adopts the Resolution of Necessity authorizing the acquisition by eminent domain of the Subject Property Interests described

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more particularly in Section 5 below for public use, namely for the construction of public street, sidewalk, public utilities, drainage, related improvements, and all uses necessary or convenient thereto in connection with the Project pursuant to the authority conferred upon the City to acquire property by eminent domain by California Constitution, Article 1, section 19, California Government Code sections 37350, 37350.5, 37351, and 40404, and California Code of Civil Procedure section 1230.010 et seq. (Eminent Domain Law), including but not limited to sections 1240.010 through 1240.050, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by other provisions of law.

SECTION 5. Description of Subject Property Interests. The City Council hereby authorizes the acquisition by eminent domain of the following Subject Property Interest on the Property, which is located at 578 California Boulevard, San Luis Obispo, California, and is identified as County of San Luis Obispo Tax Assessor’s Parcel Number 001-043-027:
(a) An approximate 2,182 square foot portion of the Property in fee for public street/right-of-way purposes, public utilities, drainage, and all uses necessary or convenient in connection with the Project described more particularly on EXHIBIT “A” and depicted on EXHIBIT “B” attached hereto and incorporated herein by this reference; (b) An approximate 763 square foot temporary construction easement (TCE) on the Property for a term of 18 months to facilitate the construction of the Project described more particularly on EXHIBIT “C” and depicted on EXHIBIT “D” attached hereto and incorporated herein by this reference; and
(c) An approximate 1,614 square foot temporary non-exclusive access easement on the Property for a term of 18 months for ingress and egress and to complete driveway tie-in work and conform driveway to adjacent public street improvements described more particularly on EXHIBIT “E” and depicted on EXHIBIT “F” attached hereto and incorporated herein by this reference.

SECTION 6. The Public Interest and Necessity Require the Project. The Project, as planned and designed, is in the public interest and necessity. The Project is consistent with the Circulation Element of the General Plan. It is intended to alleviate congestion, improve safety for vehicles, bicyclists and pedestrians, increase capacity and improve traffic flow operation at the intersection of California Boulevard and Taft Street.

As described above, the intersection of California Boulevard and Taft Street currently operates deficiently per the City’s adopted performance thresholds and has a documented history of collisions and traffic safety concerns. Installation of a roundabout at this intersection is recommended in the City’s adopted General Plan Circulation Element, Active Transportation Plan, and multiple safety plans. The Project, which will improve traffic operations, pedestrian and bicycle access, and improve safety for all road users, is in the public interest and necessity.

Resolution No. _____ (2025 Series) Page 5
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The intersection of California Boulevard and Taft Street is identified in the City’s General Plan Circulation Element and California Polytechnic University (Cal Poly) Housing South Environmental Impact Report (EIR) as operating with levels of traffic congestion and vehicle delay that exceed the City’s adopted performance thresholds. In addition, this intersection has been identified as a high collision-rate intersection in the City’s previous Traffic Safety Reports and recent 2025 Draft Vision Zero Action Plan. The City’s 2021 Active Transportation Plan (ATP) also recommends modifications to this intersection to improve bicycle and pedestrian crossings—the need for which has increased with the recent extension of the Railroad Safety Trail along California Boulevard between Taft and Pepper Streets roundabout has been proposed as the preferred intersection design for the Project not only because this is consistent with the City’s adopted plans and policies, but because a roundabout is expected to provide superior benefit to the traveling public in terms of traffic operations, lower greenhouse gas emissions, and improved safety compared to other potential intersection-control alternatives.

The Project is in the public interest and necessity because it seeks to improve safety and traffic circulation at the intersection of California Boulevard and Taft Street by constructing a roundabout and related improvements consistent FHWA’s recommendations for such intersections. As noted above, roundabouts are shown to promote lower traffic speeds, reduce intersection conflict points, improve traffic operations, reducing congestion, delays and vehicle emissions, and reduce severity of collisions and improve safety. Based on analysis of these alternatives, an all-way stop configuration would result in deficient traffic operations and a traffic signal would operate less efficiently than a roundabout and provide less safety benefit.

Reconstruction of this intersection as a single lane urban roundabout, as planned and designed, will help improve both traffic operations, pedestrian/bicycle crossings, and safety for all road users. The City’s General Plan Circulation Element and City Engineering Standards also include policies that prioritize roundabouts as the preferred form of intersection control for intersections that may otherwise be considered for signalization or all-way stop control.

SECTION 7. The Project is Planned and Located in the Manner that is Most Compatible with the Greatest Good and the Least Private Injury. The Project is planned and located in the manner that is most compatible with the greatest public good and the least private injury. The Project is planned and designed to construct necessary public street, sidewalk, public utility, drainage, and related improvements to alleviate congestion, improve safety and traffic circulation at the consistent with the Circulation Element of the General Plan. The Project is intended to alleviate congestion, improve safety for vehicles, bicyclists and pedestrians, increase capacity and improve traffic flow operation at the intersection of California Boulevard and Taft Street.

The intersection of California Boulevard and Taft Street is identified in the City’s General Plan Circulation Element and California Polytechnic University (Cal Poly) Housing South Environmental Impact Report (EIR) as operating with levels of traffic congestion and vehicle delay that exceed the City’s adopted performance thresholds. In

Resolution No. _____ (2025 Series) Page 6
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addition, this intersection has been identified as a high collision-rate intersection in the City’s previous Traffic Safety Reports and recent 2025 Draft Vision Zero Action Plan. The City’s 2021 Active Transportation Plan (ATP) also recommends modifications to this intersection to improve bicycle and pedestrian crossings—the need for which has increased with the recent extension of the Railroad Safety Trail along California Boulevard between Taft and Pepper Streets.

Reconstruction of this intersection as a single lane urban roundabout, as planned and designed, will help improve both traffic operations, pedestrian/bicycle crossings, and safety for all road users. The City’s General Plan Circulation Element and City Engineering Standards also include policies that prioritize roundabouts as the preferred form of intersection control for intersections that may otherwise be considered for signalization or all-way stop control.

In guiding the Project’s design, City staff and engineering design consultants evaluated a variety of design alternatives. For example, the City considered shifting the alignment of the proposed roundabout to the west to avoid impacts to private properties on the east side of the California and Taft intersection; however, this would encroach into the existing Railroad Safety Trail pedestrian/bicycle path and private property owned by Union Pacific Railroad (UPRR). UPRR is not supportive of permanent encroachment into this right-of-way due to proximity to the adjacent active rail corridor and safety concerns.

Further, the City evaluated the potential to reduce the size of the proposed roundabout to minimize property impacts; however, the roundabout footprint could not be reduced further while still complying with applicable engineering design standards for safety and functionality.

The City also evaluated alternative intersection design strategies other than a roundabout, including all-way stop control and installation of a traffic signal. However, these alternatives would not provide acceptable traffic operations and/or safety benefits to the public commensurate with the proposed Project, nor would these alternatives provide consistency with the City’s adopted circulation and safety plans and policies. The Project, as currently proposed, offers the greatest public benefit with the least private detriment.

The Project, as planned and located, is also planned and designed to minimize the impact on private parcels. The Subject Property Interests consist of (i) an approximate 2,182 square foot portion of the Property in fee for public street/right-of-way purposes; (ii) an approximate 763 square foot TCE on the Property for a term of 18 months to facilitate the construction of the Project; and (iii) an approximate 1,614 square foot temporary nonexclusive access easement on the Property for a term of 18 months for ingress and egress and to complete driveway tie-in work and conform driveway to adjacent public street improvements. The construction of the Project and acquisition of the Subject Property Interests do not require the relocation of any person or business from the Property.

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SECTION 8. The Subject Property Interests Described in the Resolution of Necessity are Necessary for the Project. The City cannot construct the Project, as planned and designed, without the acquisition of the Subject Property Interests.

SECTION 9. Offer Pursuant to Government Code Section 7627.2. Pursuant to Government Code section 7260, et seq., the City obtained fair market value appraisals of the Subject Property Interests and the Property of which they are a part. The City set just compensation for the Subject Property Interests in accordance with the fair market values. The City extended written offers pursuant to Government Code section 7267.2.

The City retained Hamner Jewell and Associate as its professional right-ofway/acquisition consultant to assist the City with the City’s good faith negotiations for the acquisition of the Subject Property Interests. The City has been attempting to negotiate with the Record Owners of the Property since 2017. After obtaining independent appraisals of fair market value of the Subject Property Interests, formal written offers were extended consistent with Government Code section 7267.2 to the Record Owners.

Updated appraisals and written offers were extended in 2018, 2019, 2023, 2024 and May 28, 2025. The most recent offer dated May 28, 2025, was based on an April 17, 2025, date of value.

The May 28, 2025, offer letter contained an appraisal summary statement that described the zoning, highest and best use of the Property, explained the appraiser’s valuation methodology, and included the comparable sales data relied on by the appraiser. The offer letter offered to pay the reasonable costs, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure section 1263.025. Further, the offer letter included an eminent domain pamphlet explaining the eminent domain process and the rights of the Record Owners.

SECTION 10. Compliance with Notice Requirements Under California Code of Civil Procedure. The City has complied with the notice requirements of Code of Civil Procedure section 1245.235. Pursuant to Code of Civil Procedure section 1245.235, the City sent a letter and notice by first-class mail dated August 27, 2025 to the record owners of the Subject Property Interests advising the Record Owners, Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable Trust (“Record Owners”), regarding the City’s intent to consider at its September 16, 2025, meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests in connection with the Project. The notice advised the Record Owners, as shown on the last San Luis Obispo County Assessment Roll, of their right to appear and be heard regarding the City’s proposed adoption of the Resolution of Necessity by filing, within fifteen (15) days of the date the notice was mailed, a written request with the City to appear at the hearing. The notice specifically informed the Record Owners of the Subject Property Interests that the Record Owners have an opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Property Interests the City seeks to acquire from the owner of record are necessary for the Project.

Resolution No. _____ (2025 Series) Page 8
R ______
SECTION 11. Findings. Based on the evidence presented at the hearing on September 16, 2025, regarding the acquisition of the Subject Property Interests for the Project, including the Agenda Report, the documents referenced therein, and any oral or written testimony at the hearing, the City Council hereby finds and determines that:
(a) The public interest and necessity require the Project; (b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; (c) The Subject Property Interests described more particularly in Section 5 above and in EXHIBIT “A”, EXHIBIT “B”, EXHIBIT “C”, EXHIBIT “D”, EXHIBIT “E” and EXHIBIT “F” attached hereto, are necessary for the Project; and
(d) The offer of just compensation required by Section 7267.2 of the Government Code has been made to the property owner(s) of record.

SECTION 12. Existing Public Uses. To the extent that the Project will impact interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, namely for public street, public utilities, drainage improvements, and all uses necessary or convenient thereto in connection with the Project is a joint and compatible use and will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure section 1240.510). To the extent that the Project will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by the Project, the City’s use of the Subject Property Interests for the Project is for a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests.

Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure sections 1240.510, 1240.610, and 1240.650.

SECTION 13. Incorporation of Agenda Report and Documents Referenced Therein. The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report, and all documents referenced therein, all of which are incorporated herein by this reference and testimony and/or comments submitted to the City by the Record Owners or their representative(s).

These documents include but are not limited to the City of San Luis Obispo’s General Plan, Circulation Element, the Environmental Documents in connection with the Project, most recent offer letter sent to the Record Owners pursuant to Government Code section 7267.2, and notice pursuant to Code of Civil Procedure section 1245.235.

SECTION 14. Authorization to File Eminent Domain Proceeding. The City Attorney’s Office and the City’s acquisition counsel are authorized to take all steps necessary to commence and prosecute legal proceedings in a court of competent

Resolution No. _____ (2025 Series) Page 9
R ______
jurisdiction to acquire the Subject Property Interests described more particularly in Section 5 above and in EXHIBIT “A”, EXHIBIT “B”, EXHIBIT “C”, EXHIBIT “D”, EXHIBIT “E” and EXHIBIT “F” attached hereto.

SECTION 15. City Manager Authority. The City Manager is authorized to execute all necessary documents in connection with the eminent domain proceeding.

SECTION 16. Certification. The City Clerk shall certify the adoption of this Resolution.

SECTION 17. Effective Date. This Resolution shall take effect upon adoption.

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

Resolution No. _____ (2025 Series) Page 10
R ______
Attachment A1 to the Council Agenda Report
(If approved INSERT EXHIBIT “A” - EXHIBIT “F” IN PDF FORM)

EXHIBIT “A”

LEGAL DESCRIPTION OF FEE RIGHT-OF-WAY AREA

EXHIBIT “B”

DEPICTION OF FEE RIGHT-OF-WAY AREA

EXHIBIT “C”

LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT

EXHIBIT “D”

DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT

EXHIBIT “E”

LEGAL DESCRIPTION OF TEMPORARY NON-EXCLUSIVE

ACCESS EASEMENT

EXHIBIT “F”

DEPICTION OF TEMPORARY NON-EXCLUSIVE ACCESS EASEMENT

YIELD YIELD

YIELD YIELD YIELD CALIFORNIA BOULEVARD & TAFT STREET ROUNDABOUT CITY SPECIFICATION NO. 11/17/17
DATE: PROJECT TITLE: SHEET TITLE:
of
SHEET NO. 50
DESIGNED BY: DRAWN BY: CHECKED BY: JWW
APPROVED BY:JWW
SCALE:

PLAN FILE NO. / LOCATION
O:\PRJ\2251\2251EX004.dwg 10/27/2017 3:59:13 PM
91503
2251EX004.dwg 1
1"=10' RIGHT OF WAY IMPACTS APN 001-043-027
2251EX004.DWG
SMH
SMH

APPRAISAL SUMMARY STATEMENT

BASIC DATA
PROJECT: City of San Luis Obispo – California & Taft
Roundabout Project
PARCEL NO.: 001-043-027
OWNER: The Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable Living Trust
PROPERTY LOCATION: 578 California Boulevard, San Luis Obispo, CA APPLICABLE ZONING: Neighborhood Commercial (C-N)
CURRENT USE OF SUBJECT PROPERTY: Shopping Center

HIGHEST AND BEST USE OF SUBJECT
PROPERTY:

Continued Use as a Retail Center
DATE OF VALUATION: April 17, 2025
TOTAL PROPERTY AREA: 22,216 square feet (0.51 acres)
PROPERTY TO BE ACQUIRED: ALL [ ] PART [ X ]
Fee Simple:

Temporary Construction Easement:

Temporary Non-Exclusive Access Easement:
2,182 sq. ft.
763 sq. ft.
1,614 sq. ft.

IMPROVEMENTS TO BE ACQUIRED: Mature trees (Palms and Oak)

BASIS OF APPRAISAL
The market value for the property to be acquired is based upon an appraisal done by a certified and statelicensed appraiser, which was prepared in accordance with accepted appraisal principles and procedures.

Recent sales of comparable properties, income data, and depreciated replacement costs are utilized as appropriate. Full consideration is given to zoning, development potential, and the income that the subject property is capable of producing. There are three approaches to value:

1. The Market Approach for the subject property is based on the consideration of comparable sales which sold within a reasonable time prior to the date of valuation, at a range of $52 to $152 per square foot.

The principal transactions used as comparable sales relied upon as the basis for supporting the determination of value are attached to this Appraisal Summary Statement.

2. The Cost Approach is based in part on a replacement cost new of improvements, less depreciation. This approach was not utilized in this analysis since no structural improvements will be affected.

3. The Income Approach is based upon consideration of the income producing potential of the property.

This approach was not utilized in this valuation process as it was deemed inapplicable to this specific case.

VALUATION
Fee Simple Land Acquisition:
2,182 sq. ft. @ $105 per sq. ft. x 100% $229,110
Temporary Construction Easement:
763 sq. ft. @ $105 per sq. ft. x 10% x 1.5 yrs. $ 12,016 Temporary Non-Exclusive Access Easement (driveway & parking lot) 1,614 sq. ft. @ $105 per sq. ft. x 10% x 1.5 yrs = $ 25,420 Total Land Value: $266,546
Improvements:

Landscaped and asphalt area (2,182 sq. ft. x $8) $17,456 Irrigation System (2,000 sq. ft. x $1.69) $ 3,380
Mature Trees $26,000
(Driveway approaches and v-gutter drainage system will
be reconstructed/repaired as construction contract work) Total Improvement Value: $ 46,836
Severance Damages: None $0
Benefits: None $0
Total Net Damages/Benefits: $ 0
$313,382
Total Just Compensation for this Acquisition: rounded $313,000 THREE HUNDRED THIRTEEN THOUSAND DOLLARS ($313,000)
This summary of the basis of the amount offered as just compensation is presented in compliance with federal and state laws and has been derived from a formal appraisal prepared by a certified and statelicensed real estate appraiser, which includes supporting sales data and other documentation. The appraisal is hereby confirmed approved and accepted by this agency and a purchase offer based thereon is hereby approved and authorized.

City of San Luis Obispo
Approved for Purchase Offer and Acquisition:

By: _____________________________ Date: ____________________ Name:

Title:

Att: Comparable Sale List
Enc: Deed
Luke Schwartz
Digitally signed by Luke Schwartz
DN: C=US, [email protected], O=City of
San Luis Obispo, OU=Public Works,
CN=Luke Schwartz
Date: 2025.05.28 08:38:42-07'00'

SUMMARY STATEMENT RELATING TO PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN Project: City of San Luis Obispo – California & Taft Roundabout Project AP#: 001-043-027 (Patel Trust)
The City of San Luis Obispo is proposing to construct a roundabout at the intersection of California Boulevard to improve safety and traffic congestion issues. Your property, located at 578 California Boulevard, San Luis Obispo, California, is within the project area and is identified by your County Assessor as Parcel Numbers 001-043-027.

Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the California Relocation Assistance and Real Property Acquisition Guidelines requires that each owner from whom the City purchases real property or an interest therein or each tenant owning improvements on said property be provided with a summary of the appraisal of the real property or interest therein, as well as the following information:

1. You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession.

2. The City will offer to purchase any remnant(s) considered by the City to be an uneconomic unit(s) which is/(are) owned by you or, if applicable, occupied by you as a tenant and which is/(are) contiguous to the land being conveyed.

3. All buildings, structures, and other improvements affixed to the land described in the referenced document(s) covering this transaction and owned by the grantor(s) herein or, if applicable, owned by you as a tenant, are being conveyed unless other disposition of these improvements has been made. The interests being acquired include 2,182 square feet in fee, 763 square feet in temporary construction easement, and 1,614 square feet in temporary access easement and are described in the enclosed Deed.

4. The market value of the property being purchased is based upon a market value appraisal which is summarized on the attached Appraisal Summary Statement and such amount:
a. Represents the full amount of the appraisal of just compensation for the property to be purchased;
b. Is not less than the approved appraisal of the fair market value of the property as improved;
c. Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public improvement for which the property is being acquired or by the likelihood that the property would be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the City.

5. Pursuant to Civil Code of Procedure Section 1263.025, should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs of such an appraisal up to a maximum of $5,000 subject to the following conditions:
a. You, not the City, must order the appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to your contract with an appraiser. b. The selected appraiser must be licensed with the California Office of Real Estate Appraisers (OREA). It is also recommended that such appraiser be experienced and qualified in the appraisal of easements if this offer is to purchase easements rather than the fee interest in your property.
c. Within 30 days of your receipt of this offer, you must notify the City of your intent to obtain an independent appraisal.
d. Appraisal cost reimbursement requests must be made in writing, and submitted to the City within 30 days of your receipt of the independent appraisal and no later than 120 days of your receipt of this offer. Copies of the contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. The appraisal costs must be reasonable and justifiable.

6. No person in the United States of America shall, on the grounds of race, color, national origin, sex, age, or disability be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any City programs or activities. If federal funding is being utilized in the project for which your property is being sought, notice is hereby provided that it is the policy of the City to assure full compliance with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, and related statutes and regulations, in all programs and activities undertaken by the City. Any person who believes they have been subjected to unlawful discriminatory practice under Title VI has a right to file a formal complaint with the City.

7. The owner of a business conducted on a property to be acquired, or conducted on the remaining property which will be affected by the purchase of the required property, may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the business owners’ ability to prove such loss in accordance with the provisions of Section 1263.510 and 1263.520 of the Code of Civil Procedure.

8. If you ultimately elect to reject this offer for the purchase of your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California.

APN: 001-043-027 City of SLO\CA & Taft Roundabout\Patel\Agreement

PARCEL NO.: 001-043-027 (Patel)
PROJECT: City of San Luis Obispo – California and Taft Roundabout TITLE REPORT NO.: 4001-5452694

RIGHT OF WAY AGREEMENT
(WITH ESCROW INSTRUCTIONS)
THIS AGREEMENT is made and entered into by and between
Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable Living Trust
(hereinafter collectively called “Grantor”), and
The City of San Luis Obispo, a municipal corporation and a charter city in the County of San Luis Obispo, State of California
(hereinafter called “City”).

An instrument in the form of a Grant Deed (“Deed”) covering the property rights particularly described therein (“Property”), has been executed concurrently with this Agreement and delivered to City representatives.

In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as follows:

1. The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for said document and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement, except as stated in Paragraphs 2.E. and 2.F. below.

2. The City shall:

A. PAYMENT - Pay to the order of the Grantor the sum of THREE HUNDRED THIRTEEN THOUSAND DOLLARS ($313,000) as consideration in full for the real property interests conveyed in the Deed, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid when title to said real property interest has vested in City free and clear of all liens, encumbrances, assessments, easements and leases recorded or unrecorded, except for recorded public utility easements and public right of way.

Grantor and City acknowledge and agree that the Payment Amount and the terms of the Deed and this Agreement represent the full and total consideration for the property interests established by the Deed. With the exception of any rights and obligations created pursuant to this Agreement, Grantor hereby forever releases and discharges City and its respective officials, officers, directors, and employees from any and all claims, demands, causes of action, obligations, and liabilities of every kind and nature which relate to City’s acquisition of the real property interests conveyed in the Deed. It is further understood and agreed that each party

APN: 001-043-027 City of SLO\CA & Taft Roundabout\Patel\Agreement

hereby waives any and all rights under Section 1542 of the Civil Code of the State of California which reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN

BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

B. RECORDATION OF INSTRUMENT - Accept the Deed and cause the same to be recorded in the office of the San Luis Obispo County Recorder at such time as when clear title can be conveyed.

C. MISCELLANEOUS COSTS - Pay any escrow, title insurance, and recording fees incurred in this transaction.

D. CLEARANCE OF BONDS, ASSESSMENTS, OR DELINQUENT TAXES - Have the authority to deduct and pay from the amount shown in Clause 2.A. above any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid nondelinquent assessments which have become a lien at the close of escrow.

E. CONSTRUCTION AND RESTORATION - Shall, at no expense to Grantor, conform Grantor’s driveways, including driveway aprons, curb adjustments, and asphalt, and restore existing parking lot and landscaping in a comparable condition as that which existed prior to City’s access and use, to the extent reasonably practical. City access and use shall be in conformance with all terms and conditions specified in the Deed and as shown in the attached Exhibit 1.

F. INDEMNIFICATION - Indemnify and hold harmless Grantor from any and all claims, damages, costs, judgments, or liability proximately caused by City or its officers, employees, contractors, or agents specifically arising from City’s construction and restoration work within the Temporary Construction Easement period. City’s obligation to indemnify and hold harmless Grantor as provided in this Paragraph 2.F shall not extend to any claims, damages, costs, judgments, or liability which arise from or related to the negligent, unlawful or wrongful acts of Grantor or any other person acting in concert with them.

3. The Grantor:

A. PAYMENT ON MORTGAGE OR DEED OF TRUST - Agrees that any or all monies payable under this Agreement up to and including the total amount of the unpaid principal and interest on the note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said mortgage(s) or deed(s) of trust, shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(s) entitled thereunder.

B. LEASE INDEMNIFICATION - Warrants there are no oral or written leases on the Property that would affect Grantor’s right and ability to convey the Property to City free and clear of tenant interests and claims. Grantor agrees to hold the City harmless and reimburse City

APN: 001-043-027 City of SLO\CA & Taft Roundabout\Patel\Agreement

for any and all of its losses and expenses occasioned by reason of any lease of said Property held by tenant of Grantor.

C. PERMISSION TO ENTER - Hereby grants to the City, its agents and contractors, permission to enter upon the subject lands described in the Deed prior to the close of escrow for the purposes of preparation for construction of the City’s Project, subject to all applicable terms and conditions contained in this Agreement and the associated Deed.

D. GRANTOR’S KNOWLEDGE OF THE ENVIRONMENTAL CONDITIONS OF THE PROPERTY - Represents and warrants that to the best of Grantor’s knowledge and belief, that (1) there has been no spill, discharge, release, cleanup or contamination of or by any hazardous or toxic waste or substance on or around the Property at any time, and (2) throughout the period of ownership of the Property by Grantor, no hazardous or toxic material has been used, generated, treated, stored, disposed of or handled in or around the Property. Further, Grantor agrees to disclose to City, prior to the close of escrow, all studies, reports, and investigations known to Grantor concerning any pollution, toxic building materials or toxic hazardous substances or wastes located at, on, or under the Property.

E. TAX REPORTING AND WITHHOLDING – The Foreign Investment in Real Property Tax Act of 1980 ("FIRPTA"), as amended by the Tax Reform Act of 1984, places special requirements for tax reporting and withholding on the parties to a real estate transaction where the transferor (Grantor) is a non-resident alien or non-domestic corporation or partnership, or is a domestic corporation or partnership controlled by a non-resident or non-resident corporation or partnership. In accordance with the provisions of Section 1445 of the Internal Revenue Code of 1954, as amended, and any regulations promulgated thereunder, Grantor shall execute an affidavit under penalty of perjury setting forth Grantor's name, address, federal tax identification number, and certifying whether Grantor is a "foreign person" in accordance with the provisions of the Internal Revenue Code. Further, tax withholding may be required in accordance with the California Revenue and Taxation Code Section 18662. It is specifically understood and agreed by Grantor that closing of this escrow is subject to, and contingent upon, deposit into escrow of a FIRPTA Affidavit of Non-Foreign Status and a California Form 593-C, Real Estate Withholding Certificate and associated required paperwork, completed and signed by Grantor, and Escrow Agent is hereby authorized and instructed to withhold from Grantor's proceeds amounts so required by these laws and to forward any amounts withheld to the appropriate taxing authority.

4. The Parties agree:

A. ESCROW - At City’s option, to open escrow in accordance with this Agreement at an escrow company of City’s choice. Opening an escrow shall be at City’s sole discretion and City may decide to process this transaction without the use of an escrow agent. However, if an escrow agent is utilized, this Agreement constitutes the joint escrow instructions of City and Grantor, and escrow agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in the shortest possible time.

If an escrow is utilized, as soon as possible after opening of escrow, City will deposit the executed Deed by Grantor, with Certificate of Acceptance attached, with Escrow Agent on Grantor's behalf. City agrees to deposit the purchase price upon demand of Escrow Agent. City

APN: 001-043-027 City of SLO\CA & Taft Roundabout\Patel\Agreement

and Grantor agree to deposit with Escrow Agent all additional instruments as may be necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow fund account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check or wire transfer from such account.

Any taxes which have been paid by Grantor prior to opening of this escrow shall not be pro-rated between City and Grantor, but Grantor shall have the sole right after close of escrow to apply to the County Tax Collector of said County for any refund of such taxes which may be due Grantor for the period after City's acquisition.
i) ESCROW AGENT DIRECTIVES - Escrow Agent is authorized to, and shall:
a) Pay and charge Grantor for any unpaid delinquent taxes and/or any penalties and interest thereon, and for any delinquent assessments or bonds against that portion of Grantor's property subject to this transaction as required to convey clear title.
b) Pay and charge City for any escrow fees, charges and costs payable under Paragraph 2.C. of this Agreement;
c) Disburse funds and deliver Deed when conditions of this escrow have been fulfilled by City and Grantor.
d) Following recording of Deed from Grantor if recording is instructed by City, provide City with a CLTA Standard Coverage Policy of Title Insurance in the amount of $313,000 issued by First American Title Company showing that title to the herein real property is vested in City, subject only to the following exceptions, and the printed exceptions and stipulations in said policy:
1) Real Property Taxes for the fiscal year in which escrow closes. 2) Public utility easements and public rights of way;
3) Item Nos. 1 through 9 of Schedule B in the Litigation Guarantee issued by First American Title Company dated February 20, 2025, referenced as Guarantee No 50076500-7231312, File No. 4001- 7231312.
4) Other items that may be approved by City in writing in advance of the close of escrow.
ii) CLOSE OF ESCROW - The term "close of escrow", if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is hereby authorized.

B. JUDGMENT IN LIEU OF DEED - In the event Grantor does not deliver title in a reasonable time under the terms of the Agreement, the City may file an action in eminent domain

APN: 001-043-027 City of SLO\CA & Taft Roundabout\Patel\Agreement

to pursue the acquisition of the real property interests described in the Deed, and this Agreement shall constitute a stipulation which may be filed in said proceedings as final and conclusive evidence of the total amount of damages for the taking, including all of the items listed in Section 1260.230 of the Code of Civil Procedure, regarding said property rights.

C. ARTICLE HEADINGS - Article headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement.

D. COMPLETE UNDERSTANDING - This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, and preliminary agreements or understandings, written or oral.

This Agreement may not be amended except in writing by the parties hereto or their successors or assigns.

E. CITY COUNCIL APPROVAL - This Agreement is subject to and conditioned upon approval and ratification by the San Luis Obispo City Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity.

F. COUNTERPARTS - This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same document.

G. ELECTRONIC AND FACSIMILE SIGNATURES – In the event that the parties hereto utilize electronic or facsimile documents which include signatures, such documents shall be accepted as if they bore original signatures and shall be fully binding to the same effect as original signatures, provided however that documents requiring acknowledgement before a Notary Public for recordation by the Clerk Recorder must contain original signatures.

H. NOTICES - All notices shall be in writing, addressed as set forth below, and deposited in the U.S. Mail, postage prepaid. Any party may change its address for future notices by complying with the provisions of this paragraph.

GRANTOR’S MAILING ADDRESS:

Kirit C. and Gita K. Patel
Post Office Box 1339
Pismo Beach, CA 93449
CITY’S MAILING ADDRESS:

City of San Luis Obispo
Public Works Department
919 Palm Street
San Luis Obispo, CA 93401
No Obligation Other Than Those Set Forth Herein Will Be Recognized.

APN: 001-043-027 City of SLO\CA & Taft Roundabout\Patel\Agreement

GRANTOR:

Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable Living Trust By: ___________________________________ Date: _________________________ Kirit Chunibhai Patel
Trustee
By: ___________________________________ Date: _________________________ Gita Kirit Patel
Trustee

CITY OF SAN LUIS OBISPO,
A municipal corporation and charter city
By: ___________________________________ Date: _________________________ , Mayor
ATTEST:

By: _______________________________
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

By: _______________________________ By: _______________________________ J. Christine Dietrick Name:

City Attorney Title:

_____________________________________________________________________________________________ APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed

Recording requested by:

Hamner, Jewell & Associates
Government Real Estate Services
When recorded, return to:

City of San Luis Obispo
Department of Public Works
919 Palm Street
San Luis Obispo, CA 93401
______________________________________________________________________________ Exempt from the $75 Building and Jobs Act Fee per Gov’t Code §27388.1(2)(D) Public Agency No Fee pursuant to Gov. Code sec. 6103
No Documentary Transfer Tax per R&T Code sec. 11922
No Recording Fee per Gov. Code sec. 27383
APN: 001-043-027

GRANT DEED
(To the City of San Luis Obispo)
For a valuable consideration, receipt of which is hereby acknowledged, Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable Living Trust (hereinafter collectively called “Grantor”), hereby grants to the
City of San Luis Obispo, a municipal corporation and a charter city in the County of San Luis Obispo, State of California (hereinafter called “City”), the following described interests in real property located in the City of San Luis Obispo, County of San Luis Obispo, State of California:

In Fee:

All that certain property described and depicted in Exhibits “A” and “B”, attached hereto and incorporated herein;
Together with:

Temporary Construction Easement – 18-month duration:

A temporary easement for construction (“Temporary Construction Easement”) to facilitate the construction of adjacent public street improvements, including the right to pile earth thereon, Exhibit 1
Exhibit 1 to Agreement, page 1 of 16 Page 441 of 651
_____________________________________________________________________________________________ APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed

store materials, supplies and equipment thereon, and utilize said Temporary Construction Easement for all other related activities and purposes specifically in conjunction with the construction of the adjacent public street improvements. This Temporary Construction Easement shall be in, on, over, under, along, and across that certain property described and depicted in Exhibits “C” and “D” attached hereto and incorporated herein by this reference. Said Temporary Construction Easement shall commence fifteen (15) days after issuance by City of a Notice of Commencement of Construction to Grantor, which shall be issued to Grantor by U.S. Mail, and shall automatically terminate upon completion of City’s construction or eighteen (18) months after the commencement of construction, whichever occurs first.

Together with:

Temporary Non-Exclusive Access Easement – 18-month duration:

A temporary non-exclusive access easement for ingress and egress (Temporary Non-Exclusive Access Easement”) and for completing driveway conforms in conjunction with the construction of adjacent public street improvements. This Temporary Non-Exclusive Easement shall be in, on, over, along, through, and across that certain property described and depicted in Exhibits “E” and “F” attached hereto and incorporated herein. This Temporary Non-Exclusive Easement may be used intermittently for a period not to exceed 2 months within the 18-month Temporary Construction Easement period described in this document.

Easement Extension Provisions:

City shall have the right to extend the Temporary Easement terms in three (3) additional one (1) month increments if City determines that additional time beyond the initial period is necessary for construction completion. In such case, City shall have the unilateral right to extend the Temporary Construction Easements through construction completion and agrees to compensate Grantor TWO THOUSAND EIGHTY DOLLARS ($2,080) for each 1-month extension term exercised. Payment for any such extensions shall be paid by City to Grantor concurrent with City’s written notice to Grantor of City’s intent to exercise such extension provisions. City shall further evaluate at the time of any extensions whether any increase in value of the temporary rights has occurred since the date this deed was executed by Grantor and if so, shall provide any additional payment based upon the determined just compensation at the time of extension.

Upon termination, the Temporary Construction Easements and Temporary Non-Exclusive Access Easement areas will be generally restored by City to a comparable or better condition as that which existed prior to City’s access and use.

The provisions hereof shall inure to the benefit of the City, its successors and assigns, and shall bind the heirs, executors, administrators, assigns and successors in interest of the respective parties hereto, and all covenants shall apply to and run with the above-described property. (Signature Page to Follow)
Exhibit 1 to Agreement, page 2 of 16 Page 442 of 651
_____________________________________________________________________________________________ APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed

GRANTOR:

Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable Living Trust By: ___________________________________
Kirit Chunibhai Patel
Trustee
By: ___________________________________
Gita Kirit Patel
Trustee
Exhibit 1 to Agreement, page 3 of 16
COPY
COPY

_____________________________________________________________________________________________ APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed

ACKNOWLEDGMENT
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 ____________________
On ______________________ before me, _______________________________________, Notary Public, personally appeared Kirit Chunibhai Patel, 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/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(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 __________________________ (Seal)

ACKNOWLEDGMENT
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 ____________________
On ______________________ before me, _______________________________________, Notary Public, personally appeared and Gita Kirit Patel, 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/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(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 __________________________ (Seal)
Exhibit 1 to Agreement, page 4 of 16
COPY
COPY
COPY
COPY

Exhibit 1 to Agreement, page 5 of 16Page 445 of 651
Exhibit 1 to Agreement, page 6 of 16 Page 446 of 651
Exhibit 1 to Agreement, page 7 of 16

Exhibit 1 to Agreement, page 8 of 16 Page 448 of 651
Exhibit 1 to Agreement, page 9 of 16 Page 449 of 651
Exhibit 1 to Agreement, page 10 of 16 Page 450 of 651
Exhibit 1 to Agreement, page 11 of 16

Exhibit 1 to Agreement, page 12 of 16 Page 452 of 651
Exhibit 1 to Agreement, page 13 of 16 Page 453 of 651
Exhibit 1 to Agreement, page 14 of 16 Page 454 of 651
Exhibit 1 to Agreement, page 15 of 16

APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed

CERTIFICATE OF ACCEPTANCE
This is to certify that the City of San Luis Obispo, grantee herein, hereby accepts for public purposes the real property, or interests therein, described in the within Grant Deed from Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable Living Trust, and consents to the recordation thereof.

In Witness Whereof, I have hereunto set my hand this ______ day of _______________, 20___.

CITY OF SAN LUIS OBISPO,
a municipal corporation and charter city
____________________________________
Erica A. Stewart, Mayor
ATTEST:
__________________________
Teresa Purrington, City Clerk

ACKNOWLEDGEMENT

STATE OF CALIFORNIA )

COUNTY OF SAN LUIS OBISPO )
On __________________________, before me, Megan Wilbanks, Notary Public, personally appeared Erica A. Stewart, Mayor, CITY OF SAN LUIS OBISPO, 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/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.
______________________________
Megan Wilbanks, Notary Public (Official Notary Seal)
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.

Exhibit 1 to Agreement, page 16 of 16
COPY
COPY
COPY

_____________________________________________________________________________________________ APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed

Recording requested by:

Hamner, Jewell & Associates
Government Real Estate Services
When recorded, return to:

City of San Luis Obispo
Department of Public Works
919 Palm Street
San Luis Obispo, CA 93401
______________________________________________________________________________ Exempt from the $75 Building and Jobs Act Fee per Gov’t Code §27388.1(2)(D) Public Agency No Fee pursuant to Gov. Code sec. 6103
No Documentary Transfer Tax per R&T Code sec. 11922
No Recording Fee per Gov. Code sec. 27383
APN: 001-043-027

GRANT DEED
(To the City of San Luis Obispo)
For a valuable consideration, receipt of which is hereby acknowledged, Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable Living Trust (hereinafter collectively called “Grantor”), hereby grants to the
City of San Luis Obispo, a municipal corporation and a charter city in the County of San Luis Obispo, State of California (hereinafter called “City”), the following described interests in real property located in the City of San Luis Obispo, County of San Luis Obispo, State of California:

In Fee:

All that certain property described and depicted in Exhibits “A” and “B”, attached hereto and incorporated herein;
Together with:

Temporary Construction Easement – 18-month duration:

A temporary easement for construction (“Temporary Construction Easement”) to facilitate the construction of adjacent public street improvements, including the right to pile earth thereon,

_____________________________________________________________________________________________ APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed

store materials, supplies and equipment thereon, and utilize said Temporary Construction Easement for all other related activities and purposes specifically in conjunction with the construction of the adjacent public street improvements. This Temporary Construction Easement shall be in, on, over, under, along, and across that certain property described and depicted in Exhibits “C” and “D” attached hereto and incorporated herein by this reference. Said Temporary Construction Easement shall commence fifteen (15) days after issuance by City of a Notice of Commencement of Construction to Grantor, which shall be issued to Grantor by U.S. Mail, and shall automatically terminate upon completion of City’s construction or eighteen (18) months after the commencement of construction, whichever occurs first.

Together with:

Temporary Non-Exclusive Access Easement – 18-month duration:

A temporary non-exclusive access easement for ingress and egress (Temporary Non-Exclusive Access Easement”) and for completing driveway conforms in conjunction with the construction of adjacent public street improvements. This Temporary Non-Exclusive Easement shall be in, on, over, along, through, and across that certain property described and depicted in Exhibits “E” and “F” attached hereto and incorporated herein. This Temporary Non-Exclusive Easement may be used intermittently for a period not to exceed 2 months within the 18-month Temporary Construction Easement period described in this document.

Easement Extension Provisions:

City shall have the right to extend the Temporary Easement terms in three (3) additional one (1) month increments if City determines that additional time beyond the initial period is necessary for construction completion. In such case, City shall have the unilateral right to extend the Temporary Construction Easements through construction completion and agrees to compensate Grantor TWO THOUSAND EIGHTY DOLLARS ($2,080) for each 1-month extension term exercised. Payment for any such extensions shall be paid by City to Grantor concurrent with City’s written notice to Grantor of City’s intent to exercise such extension provisions. City shall further evaluate at the time of any extensions whether any increase in value of the temporary rights has occurred since the date this deed was executed by Grantor and if so, shall provide any additional payment based upon the determined just compensation at the time of extension.

Upon termination, the Temporary Construction Easements and Temporary Non-Exclusive Access Easement areas will be generally restored by City to a comparable or better condition as that which existed prior to City’s access and use.

The provisions hereof shall inure to the benefit of the City, its successors and assigns, and shall bind the heirs, executors, administrators, assigns and successors in interest of the respective parties hereto, and all covenants shall apply to and run with the above-described property. (Signature Page to Follow)

_____________________________________________________________________________________________ APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed

GRANTOR:

Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable Living Trust By: ___________________________________
Kirit Chunibhai Patel
Trustee
By: ___________________________________
Gita Kirit Patel
Trustee

_____________________________________________________________________________________________ APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed

ACKNOWLEDGMENT
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 ____________________
On ______________________ before me, _______________________________________, Notary Public, personally appeared Kirit Chunibhai Patel, 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/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(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 __________________________ (Seal)

ACKNOWLEDGMENT
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 ____________________
On ______________________ before me, _______________________________________, Notary Public, personally appeared and Gita Kirit Patel, 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/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(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 __________________________ (Seal)

APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed

CERTIFICATE OF ACCEPTANCE
This is to certify that the City of San Luis Obispo, grantee herein, hereby accepts for public purposes the real property, or interests therein, described in the within Grant Deed from Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable Living Trust, and consents to the recordation thereof.

In Witness Whereof, I have hereunto set my hand this ______ day of _______________, 20___.

CITY OF SAN LUIS OBISPO,
a municipal corporation and charter city
____________________________________
Erica A. Stewart, Mayor
ATTEST:
__________________________
Teresa Purrington, City Clerk

ACKNOWLEDGEMENT

STATE OF CALIFORNIA )

COUNTY OF SAN LUIS OBISPO )
On __________________________, before me, Megan Wilbanks, Notary Public, personally appeared Erica A. Stewart, Mayor, CITY OF SAN LUIS OBISPO, 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/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.
______________________________
Megan Wilbanks, Notary Public (Official Notary Seal)
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.

Government Real Estate Services
a division of
Beacon Integrated Professional Resources, Inc.

When a Public Agency
Acquires Your Property
This booklet describes many of the important features of the California Relocation Assistance and Real Property
Acquisition Guidelines specified in Title 25, Division1, Chapter 6 of the California Code of Regulations
("Guidelines") and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended, ("Uniform Act"). It also gives general information about public acquisition of real estate (real property) that should be useful to you.

Most real property acquisitions by a public agency are
covered by the Guidelines, and in the case of federally-funded projects, by the Uniform Act. If you are notified that your property will be acquired for such a project, it is important that you learn your rights.

This booklet may not answer all of your questions. If you have more questions about any potential sought purchase of your property by a public agency, please feel free to contact a representative from Hamner, Jewell and Associates.

Contact Your Acquisition Agent:

Stephen Myrick
Hamner, Jewell & Associates
Phone (805) 773-1459
Fax (805) 773-2418
[email protected]

Hamner, Jewell & Associates Rev. 6/8/18 Page - 1
General Questions
What Right Has Any Public Agency To Acquire My Property? The Federal Government and every State and local government have certain powers which are necessary for them to operate effectively. For example, they have the power to levy taxes and the power to maintain order.

Another government power is the power to acquire private property for public purposes. This is known as the power of eminent domain.

The rights of each of us are protected, however, by the Fifth and Fourteenth Amendments of the United States Constitution and by State constitutions and eminent domain laws which guarantee that if a public agency takes private property it must pay “just compensation” to the owner.

Who Made The Decision To Buy My Property?
The decision to acquire a property for a public project usually involves many persons and many determinations.

The final determination to proceed with the project is made only after a thorough review which may include public hearings to obtain the views of interested citizens.

If you have any questions about the project or the selection of your property for acquisition, you should ask your acquisition agent.

How Will The Agency Determine How Much To Offer Me For My Property? Before making you an offer, the Agency will obtain at least one appraisal of your property by a competent real property appraiser who is familiar with local property values. The appraiser will inspect your property and state his/her professional opinion of its current fair market value in an appraisal report. After the appraiser has completed the work, the Agency reviews and checks the work to assure that the estimate is fair and the work conforms with professional appraisal standards.

The Agency must offer you “just compensation” for your property. This amount cannot be less than the appraised fair market value of the property. “Just compensation” for your property does not take into account your relocation needs. If you are eligible for relocation assistance, it will be additional.

What Is Fair Market Value?
Fair market value is sometimes defined as that amount of money which would probably be paid for a property in a sale between a willing seller, who does not have to sell, and a willing buyer, who does not have to buy. In some areas, a different term or definition may be used.

The fair market value of a property is generally considered to be “just compensation.” Fair market value does not take into account intangible elements such as sentimental value, goodwill, business profits, or any special value that your property may have for you or for the Agency.

Hamner, Jewell & Associates Rev. 6/8/18 Page - 2
Appraising Your Property
How Does An Appraiser Determine The Fair Market Value Of My Property? Each parcel of real property is different, and therefore, no single formula can be devised to appraise all properties.

Among the factors an appraiser typically considers in estimating the value of real property is:
• How it compares with similar properties in the area that have been sold recently. • How much it would cost to reproduce the buildings and other structures, less any depreciation. • How much rental income it could produce.

Will I Have A Chance To Talk To The Appraiser?
Yes, you will be contacted and given the opportunity to accompany the appraiser on his/her inspection of your property. You may then inform the appraiser of any special feature which you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to ensure that nothing of allowable value will be overlooked. If you are unable to meet with the appraiser, you may wish to have a person who is familiar with your property represent you.

When Will I Receive A Written Purchase Offer?
Generally, this will depend on the amount of work required to appraise your property and the status of the Agency’s project schedule. After the appraisal has been reviewed (and any necessary correction obtained), the Agency will determine just compensation and give you a written purchase offer in that amount along with a “summary statement,” explaining the basis for the offer. No negotiations are to take place before you receive the written purchase offer and summary statement.

What Is In The Summary Statement Of The Basis For The Offer Of Just Compensation? The summary statement of the basis for the offer of just compensation will include:
• An accurate description of the property and the interest in the property to be acquired. • A statement of the amount offered as just compensation. (If only part of the property is to be acquired, the compensation for the part to be acquired and the compensation for damages, if any, to the remaining part will be separately stated.)
• A list of the buildings and other improvements covered by the offer. (If there is a separately held interest in the property not owned by you and not covered by the offer; e.g., a tenant-owned improvement, it will be so identified.)
Must I Accept The Agency’s Offer?
No. You are entitled to present your evidence as to the amount you believe is the fair market value of your property and to make suggestions for changing the terms and conditions of the offer. The Agency will consider your evidence and suggestions. When fully justified by the available evidence of value, an increase in the offer price will be made. If you would like to hire your own appraiser, the Agency is required to reimburse you for the actual reasonable costs, not to exceed $5,000, of one independent appraisal of the property interest sought by the Agency. The appraiser you hire must be licensed by the State Office of Real Estate Appraisers.

Hamner, Jewell & Associates Rev. 6/8/18 Page - 3
May Someone Represent Me During Negotiations?
Yes. If you would like an attorney or anyone else to represent you during negotiations, please inform the Agency.

However, State Guidelines do not require the Agency to pay the costs of such representations.

How Do I Know I Will Be Treated Fairly?
No person in the United States of America shall, on the grounds of race, color, national origin, sex, age, or disability be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any public programs or activities. If federal funding is being utilized in the project for which your property is being sought, the acquiring agency will assure full compliance with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, and related statutes and regulations. Any person who believes they have been subjected to unlawful discriminatory practice under Title VI has a right to file a formal complaint with the acquiring agency.

If I Reach Agreement With The Agency, How Soon Will I Be Paid? If you reach a voluntary agreement to sell your property and your ownership (title to the property) is clear, payment will be made at a mutually acceptable time. Generally, this should be possible within 30 to 60 days after you sign a purchase contract. If the title evidence obtained by the Agency indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the Agency obtain the necessary proof. (Title evidence is basically a legal record of the ownership of the property. It identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens, and other instruments affecting your ownership of the property.)
What Happens If I Don’t Agree To The Agency’s Purchase Offer? If you are unable to reach a voluntary agreement through negotiations, the Agency may file a suit in court to acquire your property through an eminent domain proceeding. Eminent domain proceedings are often called condemnations. If your property is to be acquired by condemnation, the Agency will file the condemnation suit without unreasonable delay.

Negotiations

Hamner, Jewell & Associates Rev. 6/8/18 Page - 4
What Happens After The Agency Condemns My Property?
You will be notified of the action. Condemnation procedures vary, and you should learn the procedures which apply in your case. Your acquisition agent can explain these procedures. In most instances, when an Agency files a condemnation suit, it must deposit with the court (or in an escrow account) an amount not less than its appraisal of the fair market value of the property. You should be able to withdraw this amount, less any amounts necessary to pay off any mortgage or other liens on the property and to resolve any special ownership problems.

Withdrawal of your share of the money will not affect your right to seek additional compensation for your property.

During the condemnation proceeding, you will be provided an opportunity to introduce your evidence as to the value of your property. Of course, the Agency will have the same right. After hearing the evidence of all parties, the court will determine the amount of just compensation. If that amount exceeds the amount deposited by the Agency, you will be paid the difference, plus any interest that may be provided by law.

To help you in presenting your case in a condemnation proceeding, you may wish to employ an attorney and an appraiser. However, in most cases the costs of these professional services and other costs which an owner incurs in presenting his or her case to the court must be paid by the owner.

What Can I Do If I Am Not Satisfied With The Court’s Determination? If you are not satisfied with the court judgment, you may file an appeal with the appropriate appellate court for the area in which your property is located. If you are considering an appeal, you should check on the applicable time limit for filing the appeal and consult with your attorney on whether you have a basis for the appeal. The Agency may also file an appeal if it believes the amount of the judgment is too high.

Will I Have To Pay Any Settlement Costs?
You will be responsible for the payment of the balance of any mortgage on your property. Also, if your ownership is not clear, you may have to pay the costs of clearing it. But the Agency is responsible for all reasonable and necessary costs for:
• Typical services required to complete the sale, recording fees, revenue stamps, transfer taxes and any similar expenses which are incidental to transferring ownership to the Agency. • Penalty costs and other charges related to prepayment of any recorded mortgage on the property that was entered into in good faith.
• Real property taxes covering the period beginning on the date the Agency acquires your property.

Whenever possible, the Agency will make arrangements to pay these costs directly. If you must incur any of these expenses yourself, you will be repaid--usually at the time of settlement. If you later discover other costs for which you should be repaid, you should request repayment from the Agency immediately. The Agency will assist you in filing a claim. Finally, if you believe that you were not properly repaid, you may appeal the decision to the Agency.

Condemnation Procedures

Hamner, Jewell & Associates Rev. 6/8/18 Page - 5
May I Keep Any Of The Buildings Or Other Improvements On My Property? Very often many or all of the improvements on the property are not required by the Agency. This might include such items as a fireplace mantel, your favorite shrubbery, or even an entire house. If you wish to keep any improvements, please let the Agency know as soon as possible.

If you do arrange to keep any improvement, the Agency will deduct only its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense.) Of course, if you arrange to keep any real property improvement, you will not be eligible to receive a relocation payment for the cost of moving it to a new location.

Can The Agency Take Only A Part Of My Property?
Yes. But if the purchase of only a part of your property reduces the value of the remaining part(s), you will be paid for the loss in value. Also, if any remaining part would have little or no utility or value to you, the Agency will offer to buy that remaining part from you.

Occasionally, a public project will increase the value of a remaining part which is not acquired by the agency.

Under some eminent domain laws, when this occurs, the amount of the increase in value is deducted from the purchase price the owner would otherwise receive.

Will I Have To Pay Rent To The Agency After My Property Is Acquired? If you remain on the property after acquisition, you may be required to pay a fair rent to the Agency. Such rent will not exceed that charged for the use of similar properties in similar areas.

How Soon Must I Move?
If possible, a mutually agreeable date for the move will be worked out. Unless there is an urgent need for your property (e.g., your occupancy would present a health or safety emergency), you will not be required to move without at least 90 days advance written notice.

If you reach a voluntary agreement to sell your property, you will not be required to move before you receive the agreed purchase price. If the property is acquired by condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the Court so that you can withdraw your share.

If you are being displaced from a dwelling unit, you will not be required to move before a comparable replacement home is available to you.

What Happens Next?

Hamner, Jewell & Associates Rev. 6/8/18 Page - 6
Will I Receive Relocation Assistance?
State Guidelines require that certain relocation payments and other assistance be provided to families, individuals, businesses, farms, and nonprofit organizations when they are displaced or their personal property must be moved as a result of certain Agency activities.

A full explanation of any relocation assistance to which you may be entitled will be provided to you. If you have any question about such assistance, please contact your relocation representative. In order for the Agency to fulfill its relocation obligations to you, you must keep the Agency informed of your plans.

My Property Is Worth More Now. Must I Pay Capital Gains Tax On The Increase? In most cases when a public agency acquires real property for public purposes, the property owner may postpone the payment of Federal capital gains taxes on any profit from the sale if he or she reinvests the profit in similar property within a certain replacement period. To take advantage of this right, you should review the rules and file the details in a statement with your Federal income tax return for the tax year in which you realize the gain.

Internal Revenue Service (IRS) Publication 544 explains how the Federal income tax would apply to a gain or loss resulting from the condemnation of real property, or its sale under the threat of condemnation, for public purposes. If you have any questions about the IRS rules, you should discuss your particular circumstances with your personal tax advisor or your local IRS office.

I’m A Veteran. How About My VA Loan?
After your VA home mortgage loan has been repaid, you will be permitted to obtain another VA loan to purchase another property. Check on such arrangements with your nearest Veterans Administration Office.

Is It Possible To Donate Property?
Yes. You may donate your property or sell it to the Agency for less than its fair market value. The Agency must obtain an appraisal of the property and offer just compensation for it, unless you release the Agency from these obligations.

Additional Information
If you have further questions after reading this booklet, please contact:

Stephen Myrick
Hamner, Jewell & Associates
Phone (805) 773-1459
Fax (805) 773-2418
[email protected]
We are available to answer any questions you may have!
Money Matters

District 1
Equal Employment
Opportunity
(EEO) Office
1656 Union Street
Eureka, CA 95501
(707) 441-5814
District 2
EEO Office
1657 Riverside Drive
Redding, CA 96001 (530) 225-3055
District 3
EEO Office
703 B Street
Marysville, CA 95901
(530) 741-7130
District 4
EEO Office
111 GrandAvenue
Oakland, CA94612
(510)286-5871
District 5
EEO Office
50 Higuera Street
San Luis Obispo, CA 93401
(805) 549-3037
District 6
EEO Office
1352 West Olive Avenue
Fresno, CA 93728
(559) 444-2522
District 7
EEO Offce
100 S. Main Street
Los Angeles, CA 90012
(213) 897-0797
District 8
EEO Offce
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(909) 383-4229
District 9
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April 2019 Page 480 of 651

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RESTRICTED APPRAISAL REPORT

SHOPPING CENTER PARTIAL ACQUISITION
578 California Blvd.

San Luis Obispo, California 93405

VALUATION DATES
Fair Market Value: April 17, 2025
Date of Report: May 2, 2025

PREPARED BY
Rachel Unger
Michael Burger MAI, R/W-AC
Central California Appraisals
4915 Calloway Dr., Suite 101
Bakersfield, CA 93312
File No: 33-S25

PREPARED FOR
Lillian D Jewell
Hamner, Jewell and Associates
3183 Duncan Rd. Suite E
San Luis Obispo, California 93401

4915 Calloway Dr., Suite 101
Bakersfield, CA 93312
CENTRAL CALIFORNIA APPRAISALS 33-S25
May 2, 2025
Lillian D Jewell
Hamner, Jewell and Associates
3183 Duncan Rd. Suite E
San Luis Obispo, California 93401
RE: Restricted Appraisal Report
Shopping Center Partial Acquisition
578 California Blvd., San Luis Obispo, California 93405 Central California Appraisals File No: 33-S25

Ms. Jewell:

Central California Appraisals is proud to present the appraisal that satisfies the agreed upon scope of work with Hamner, Jewell and Associates.

This appraisal report sets forth the pertinent data gathered, the techniques employed, and the reasoning leading to our value opinions. This letter of transmittal does not constitute an appraisal report and the rationale behind the value opinion(s) reported cannot be adequately understood without the accompanying appraisal report.

We developed our analyses, opinions, and conclusions and prepared this report in conformity with the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute; and the requirements of our client as we understand them. This report conforms to the current Uniform Standards of Professional Appraisal Practice (USPAP), the California Code of Civil Procedure and the appraisal guidelines of Hamner, Jewell and Associates. The purpose of this appraisal report is to provide an updated value opinion as of a current date of value. Reference to the original appraisal should be made for property data, characteristics, and appraisal analysis. In this regard, the client reports there have been no substantial changes to the subject property or to the characteristics of the acquisition area. Therefore, this appraisal only considers an updated value based on current sale comparisons.

The subject property, located at 578 California Blvd., San Luis Obispo, CA, includes a small shopping center at the northeast quadrant of the Hwy. 101 and California Blvd. interchange. The client has requested fair market value relative to a proposed partial acquisition for roadway improvements. The larger parcel, as referenced above, is located on the southeast corner of California Blvd. and Taft St. and is further identified as Assessor’s Parcel Number (APN) 001-043-027. The property consists of a multi-tenant retail building on a 0.51 acre or 22,216 SF site. As discussed in the original appraisal, as the acquisition does not affect the remainder of the property, and no severance damage is evident, consideration is given only the portion of land being acquired.

CENTRAL CALIFORNIA APPRAISALS 33-S25 2
The purpose of this appraisal is to develop an opinion of the Fair Market Value (Fee Simple Estate). The following table conveys the final opinion of value that is developed in this appraisal:

MARKET VALUE CONCLUSION

VALUATION SCENARIO INTEREST APPRAISED EFFECTIVE DATE VALUE Fair Market Value Fee Simple Estate April 17, 2025 $313,000 The acceptance of this appraisal assignment and the completion of the appraisal report submitted herewith are subject to the General Assumptions and Limiting Conditions contained in the report. The findings and conclusions are further contingent upon the following extraordinary assumptions and/or hypothetical conditions which might have affected the assignment results:

EXTRAORDINARY ASSUMPTIONS
No Extraordinary Assumptions were made for this assignment.

HYPOTHETICAL CONDITIONS
The fair market value of the property taken shall not include any increase or decrease in the value of the property that is attributable to any of the following: a) the project for which the property is taken: b) the eminent domain proceeding in which the property is taken; and c) any preliminary actions of the plaintiff relating to the taking of the property. [California Code of Civil Procedure, Section 1263.330] If there are any specific questions or concerns regarding the attached appraisal report, or if Central California Appraisals can be of additional assistance, please contact the individuals listed below.

Respectfully Submitted,

CENTRAL CALIFORNIA APPRAISALS
Rachel Unger
Certified General Real Estate Appraiser
California License No. AG044296
Expiration Date 6/6/2026
661-587-1010
[email protected]
Michael Burger MAI, R/W-AC
Certified General Real Estate Appraiser
California License No. AG003817
Expiration Date 5/17/2026
661-410-1014
[email protected]

TABLE OF CONTENTS
CENTRAL CALIFORNIA APPRAISALS 33-S25 i

LETTER OF TRANSMITTAL

INTRODUCTION
Executive Summary _______________________________________________________________________________________________________ 1 Property Identification ____________________________________________________________________________________________________ 1 Scope of Work ____________________________________________________________________________________________________________ 3 Acquisition Description ___________________________________________________________________________________________________ 9

VALUATION
Site Valuation ___________________________________________________________________________________________________________ 13 Certification _____________________________________________________________________________________________________________ 23 ADDENDA 25
Engagement Letter ______________________________________________________________________________________________________ 25 Subject Photographs ____________________________________________________________________________________________________ 26 Acquisition Map _________________________________________________________________________________________________________ 28 Assessor Map ___________________________________________________________________________________________________________ 29 Zone Map _______________________________________________________________________________________________________________ 30 Flood Map _______________________________________________________________________________________________________________ 31 Aerial Photograph _______________________________________________________________________________________________________ 32 Regional Map ___________________________________________________________________________________________________________ 33 Local Map _______________________________________________________________________________________________________________ 34 Easement Grant Deed ___________________________________________________________________________________________________ 35 Sale Data Sheets ________________________________________________________________________________________________________ 36 Qualifications ____________________________________________________________________________________________________________ 37

EXECUTIVE SUMMARY
CENTRAL CALIFORNIA APPRAISALS 33-S25 1

PROPERTY IDENTIFICATION
Name Shopping Center
Property Land - Free Standing Retail
Address 578 California Blvd.

City, State Zip San Luis Obispo, California 93405
County San Luis Obispo County
MSA San Luis Obispo-Paso Robles-Arroyo Grande, CA MSA
Market / Submarket San Luis Obispo / Central
Geocode 35.290771,-120.659528
Census Tract 06-079-010902
Legal Description A legal description is included in the Addenda.

SITE DESCRIPTION
Number of Parcels 1
Assessor Parcel Number
Land Area Square Feet Acres
Total 22,216 0.51
Zoning Neighborhood Commercial (C-N)
Shape Irregular
Topography Level at street grade
Flood Zone Zone X (Unshaded)
Seismic Zone Medium Risk

QUALITATIVE ANALYSIS
Site Quality Good
Site Access Average
Site Exposure Good
Site Utility Average
001-043-027

HIGHEST & BEST USE
Proposed Construction No
As Vacant
As Improved
Development to uses allowed by zoning, likely a retail or mixed Continue use as a retail center.

PROPERTY IDENTIFICATION – LARGER PARCEL
The subject property is located at 578 California Blvd., San Luis Obispo, California 93405.

The Assessor Parcel Number is: 001-043-027.

PROPERTY IDENTIFICATION – ACQUISITION
The acquisition area includes a 2,182 SF portion of the northwest corner of the site that is needed for roadway improvements. Additionally, the property is proposed for an 18 month Temporary Construction Easement on 763 SF adjoining the fee acquisition area, as well as a Temporary Non-Exclusive Access Easement for use of the driveway and parking lot containing 1,614 SF for an 18-month period.

LEGAL DESCRIPTION – LARGER PARCEL
A legal description is included in the Addenda.

LEGAL DESCRIPTION – ACQUISITION
A Grant Deed provided by the client, as included in the Addenda, includes legal descriptions of the fee acquisition area as well as the TCE areas.

EXECUTIVE SUMMARY (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 2

CLIENT IDENTIFICATION
The client of this specific assignment is Hamner, Jewell and Associates.

PURPOSE, INTENDED USE & INTENDED USERS
The purpose of this appraisal is to develop an opinion of the Fair Market Value (Fee Simple Estate). The purpose of the appraisal is to determine fair market value for eminent domain purposes relative to a partial acquisition. Hamner, Jewell and Associates and the City of San Luis Obispo are the only intended user of this report.

PERSONAL PROPERTY & BUSINESS INTANGIBLE
There is no personal property (FF&E) included in this valuation.

PROPERTY AND SALES HISTORY
The subject property is currently under the ownership of Patel Kirit C Trust, according to the San Luis Obispo County records. According to county records there has been no transfer of ownership for the subject property in the past three years and there is no known pending sale or listing of the subject.

DEFINITION OF MARKET VALUE
The purpose of this appraisal is to estimate the fair market value of the proposed acquisition appraised.

Section 1263.320 of the Code of Civil Procedure defines market value as:

1. (a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available.
(b) The fair market value of the property taken for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable.

The legal property rights appraised are the fee simple interest existing in the property and the easement interests to be acquired. Fee simple rights are appraised free and unencumbered, subject to existing easements and rights-of-way of record, but excluding the impact of leases or financing.

Under eminent domain law (CCP Sec. 1263.330), the fair market value of the property taken shall not include any increase or decrease in the value of the property that is attributable to any of the follows:

1. The project for which the property is taken.

2. The eminent domain proceeding in which the property is taken.

3. Any preliminary actions of the acquiring authority relating to the taking of the property.

This is contrary to USPAP Standards Rule 1-4 (f), which requires “When analyzing anticipated public or private improvements, located on or off the site, an appraiser must analyze the effect on value, if any, of such anticipated improvements to the extent they are reflected in market actions.” In this instance, the California law is followed and this section of USPAP is disregarded.

EXECUTIVE SUMMARY (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 3
Eminent Domain: According to the Dictionary of Real Estate Appraisal, Sixth Edition, Appraisal Institute, eminent domain is defined as:
"The right of government to take private property for public use upon the payment of just compensation. The Fifth Amendment of the U.S. Constitution, also known as the takings clause, guarantees payment of just compensation upon appropriation of private property."
Condemnation: According to the Dictionary of Real Estate Appraisal, Sixth Edition, Appraisal Institute, condemnation is defined as:
"The act or process of enforcing the right of eminent domain." Taking: According to "The Dictionary of Real Estate Appraisal," Sixth Edition, as published by the Appraisal Institute:
“The acquisition of a parcel of land through condemnation.” State Rule: According to The Dictionary of Real Estate Appraisal, Sixth Edition, published by the Appraisal Institute,
"In condemnation, the process of determining just compensation by estimating the value of the portion to be acquired as part of the whole property plus the net damages; may be referred to as a taking plus damages rule."

PROPERTY RIGHTS APPRAISED
The property rights appraised constitute the fee simple estate Fee Simple Interest
Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power and escheat.1

VALUE SCENARIOS
As-Is Market Value
The estimate of the market value of real property in its current physical condition, use, and zoning as of the appraisal date.2

SCOPE OF WORK
The scope of work for this appraisal assignment is outlined below:

The appraisal analyzes legal and physical features of the subject including site size, improvement size, flood zone, seismic zone, site zoning, easements, encumbrances, site access and site exposure.
The appraisal includes a Highest and Best Use analysis and conclusions have been completed for the highest and best use of the subject property As Vacant and As Improved. The analysis considered legal, locational, physical and financial feasibility characteristics of the subject site and existing improvements.
In selecting applicable approaches to value, the appraisers considered the agreed upon appraisal scope and assessed the applicability of each traditional approach given the subject’s characteristics and the 1 The Dictionary of Real Estate Appraisal, Seventh Edition, Appraisal Institute, Chicago, Illinois, 2022 2 The Dictionary of Real Estate Appraisal, Seventh Edition, Appraisal Institute, Chicago, Illinois, 2022

EXECUTIVE SUMMARY (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 4
intended use of the appraisal. As a result, this appraisal developed Land Sales Comparison Approach.

The values presented represent the Fair Market Value (Fee Simple Estate).
The assignment was prepared as an Restricted Appraisal Report in accordance with USPAP Standards Rules 2, with the analysis stated within the document and representing a brief level of analysis.
The authors of this report are aware of the Competency Rule of USPAP and meet the standards.

ASSISTANCE PROVIDED
Cameron Born provided real property appraisal assistance to the appraisers signing this certification.

Assistance provided included an exterior inspection and photographs of the subject.

SOURCES OF INFORMATION
The following sources were contacted to obtain relevant information:

INFORMATION PROVIDED
Property Assessment & Tax San Luis Obispo County Assessor Zoning & Land Use Planning City of San Luis Obispo Zoning Site Size San Luis Obispo County Assessor
Building Size San Luis Obispo County Assessor
Supply & Demand CoStar
Flood Map FEMA
Demographics STDB On-Line
Comparable Information MLS | Public Records | Confirmed by Local Agents Legal Description Preliminary Title Report

The lack of unavailable items could affect the results of this analysis. As part of the general assumptions and limiting conditions, the subject is assumed to have no adverse easements, significant items of deferred maintenance, or be impacted by adverse environmental conditions.

SUBJECT PROPERTY INSPECTION

PROPERTY INSPECTION

APPRAISER INSPECTED EXTENT DATE ROLE
Rachel Unger No N/A April 17, 2025 Primary Appraiser
Michael Burger MAI, R/W-AC Yes Exterior April 17, 2025 Appraiser Cameron Born Yes Exterior April 17, 2025 Inspection Technician The acceptance of this appraisal assignment and the completion of the appraisal report submitted herewith are subject to the General Assumptions and Limiting Conditions contained in the report. The findings and conclusions are further contingent upon the following extraordinary assumptions and/or hypothetical conditions which might have affected the assignment results:

EXTRAORDINARY ASSUMPTIONS AND HYPOTHETICAL CONDITIONS
No Extraordinary Assumptions were made for this assignment.

The fair market value of the property taken shall not include any increase or decrease in the value of the property that is attributable to any of the following: a) the project for which the property is taken: b) the eminent domain proceeding in which the property is taken; and c) any preliminary actions of the plaintiff relating to the taking of the property. [California Code of Civil Procedure, Section 1263.330]

SITE DESCRIPTION
CENTRAL CALIFORNIA APPRAISALS 33-S25 5
Number of Parcels 1
Assessor Parcel
Land Area Square Feet Acres
Total Land Area 22,216 0.51
Excess/Surplus Land No
Corner Yes; Signalized
Site Topography Level At street grade
Site Shape Irregular
Site Grade At street grade
Site Quality Good
Site Access Average
Site Exposure Good
Site Utility Average
Utilities Full
Comments
001-043-027
The site is well located at the on/off-ramp for southbound Hwy. 101.

Flood Zone Data: Zone X (Unshaded). This is referenced by Panel Number 06079C1066G, dated November 16, 2012. Zone X (unshaded) is a moderate and minimal risk area. Areas of moderate or minimal hazard are studied based upon the principal source of flood in the area. However, buildings in these zones could be flooded by severe, concentrated rainfall coupled with inadequate local drainage systems. Local storm water drainage systems are not normally considered in a community’s flood insurance study. The failure of a local drainage system can create areas of high flood risk within these zones. Flood insurance is available in participating communities, but is not required by regulation in these zones. Nearly 25% of all flood claims filed are for structures located within these zones. Minimal risk areas outside the 1% and 0.2% annual chance floodplains. No BFEs or base flood depths are shown within these zones. (Zone X (unshaded) is used on new and revised maps in place of Zone C.)
Site Improvements: The larger parcel includes an asphalt paved parking lot, landscaping, and exterior lighting.

Topography: Level
Environmental: The appraiser was not provided an environmental site assessment. It is assumed no hazardous contamination has occurred. Therefore, the cost of clean-up, encasement or removal and its effect on value, have not been considered.

SITE DESCRIPTION

SITE DESCRIPTION (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 6
Seismic Zone: The property is not located in the Alquist-Priolo Earthquake Fault Zone. The community has adopted a seismic element to the general plan and requires all construction to meet Zone 4 of the Uniform Building Code, which is in consideration of earthquake hazards associated with California.

Restrictions: A preliminary title report was provided for a prior appraisal, as prepared by First American Title, dated 9/6/2017. Easements and restrictions are typical of other similar parcels in the area. During the property inspection, no adverse easements or encumbrances were noted. This appraisal assumes that there are no adverse easements present. If questions arise, further research is advised.

Site Comments: The subject property consists of one parcel with a total site area of 22,216 SF (0.51 AC) which is based on information obtained from San Luis Obispo County Assessor. It is perceived that there is no surplus or excess land at the subject. For the purposes of this report we have relied on this site area and reserve the right to amend our analysis upon receipt of a formal legal plan.

Aerial photographs and other property exhibits can be found in the Addenda of this report.

STREET & TRAFFIC DETAIL
Street Improvements Type Direction Lanes
LightsCurbsSidewalksSignalsMedianParkingCenter LaneBike Lane California Blvd. Two-Lane Roadway Two-Way 3 x x x
Taft St. Connector Two-Way 2 x x