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HomeMy WebLinkAboutSA_2017_05_23 AgendaPacket1 On January 10, 2012, the Atascadero City Council adopted Resolution No. 2012 -002, electing to serve as the successor to the Community Redevelopment Agency of Atascadero for redevelopment purposes, and also elected to retain the housing assets and functions previo usly performed by the Community Redevelopment Agency of Atascadero. CITY OF ATASCADERO CITY COUNCIL IN THE CAPACITY OF SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO FOR REDEVELOPMENT AND HOUSING PURPOSES1 ____________________________________________________________________________ AGENDA Tuesday, May 23, 2017 (Immediately following the City Council Closed/Regular Sessions) City Hall Council Chambers, 4th floor 6500 Palma Avenue Atascadero, California (Enter from Lewis Avenue) SUCCESSOR AGENCY CLOSED SESSION: Immediately Following Closed Session of the City Council 1. CLOSED SESSION -- PUBLIC COMMENT 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Real Property Negotiators (Govt. Code 54956.8) Property: Creekside Building located at 6907 El Camino Real Agency Negotiator: City Manager Rachelle Rickard Negotiating Parties: Pacific Management & Development Corporation Under Negotiations: Price and/or terms of payment. 4. CLOSED SESSION -- ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION -- REPORT Page 1 of 12 REGULAR SESSION – CALL TO ORDER: Immediately Following Regular Session of the City Council ROLL CALL: Mayor O’Malley Mayor Pro Tem Fonzi Council Member Bourbeau Council Member Moreno Council Member Sturtevant APPROVAL OF AGENDA: Roll Call A. CONSENT CALENDAR: 1. Successor Agency Draft Action Minutes  Recommendation: Council, in the capacity of the Successor Agency to the Community Redevelopment Agency of Atascadero, approve the Successor Agency Draft Action Minutes of January 24, 2017. [City Clerk] COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Board on any matter not on this agenda and over which the Board has jurisdiction. Speakers are limited to three minutes. Please state your name and address for the record before making your presentation. The Board may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Board.) B. PUBLIC HEARINGS: None C. MANAGEMENT REPORTS: 1. Grant of Easement for Pacific Gas and Electric Company to Underground Existing Electrical Facilities  Fiscal Impact: None  Recommendation: Successor Agency Board authorize the City Manager to execute Grant of Easement for Pacific Gas and Electric Company, a corporation. [Public Works] BOARD ANNOUNCEMENTS AND REPORTS: (On their own initiative, the Board Members may make a brief announcement or a brief report on their own activities. Board Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Board may take action on items listed on the Agenda.) D. ADJOURNMENT Page 2 of 12 ITEM NUMBER: SA A-1 DATE: 05/23/17 Atascadero Successor Agency for RDA January 24, 2017 Page 1 of 3 SPECIAL MEETING CITY OF ATASCADERO CITY COUNCIL IN THE CAPACITY OF SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO FOR REDEVELOPMENT AND HOUSING PURPOSES1 DRAFT MINUTES Tuesday, January 24, 2017 (Immediately following the City Council Regular Session) City Hall Council Chambers, 4th floor 6500 Palma Avenue Atascadero, California REGULAR SESSION – CALL TO ORDER: Mayor O’Malley called the meeting to order at 8:47 p.m. ROLL CALL: Present: Council Members Bourbeau, Moreno, Sturtevant, Mayor Pro Tem Fonzi, and Mayor O’Malley Absent: None Others Present: City Clerk Marcia McClure Torgerson 1 On January 10, 2012, the Atascadero City Council adopted Resolution No. 2012-002, electing to serve as the successor to the Community Redevelopment Agency of Atascadero for redevelopment purposes, and also elected to retain the housing assets and functions previously performed by the Community Redevelopment Agency of Atascadero. Page 3 of 12 ITEM NUMBER: SA A-1 DATE: 05/23/17 Atascadero Successor Agency for RDA January 24, 2017 Page 2 of 3 Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri Rangel, Community Development Director Phil Dunsmore, Public Works Director Nick DeBar, Police Chief Jerel Haley, Interim Fire Chief Casey Bryson, City Attorney Brian Pierik, and Deputy City Manager Lara Christensen. APPROVAL OF AGENDA: Roll Call MOTION: By Mayor O’Malley and seconded by Council Member Sturtevant to approve this agenda, Motion passed 5:0 by a roll-call vote. A. CONSENT CALENDAR: 1. Successor Agency Draft Action Minutes  Recommendation: Council in the capacity of the Successor Agency to the Community Redevelopment Agency of Atascadero approve the Successor Agency Draft Action Minutes of June 14, 2016, June 28, 2016, July 12, 2016, September 13, 2016, September 27, 2016, October 11, 2016, October 25, 2016 and November 8, 2016. [City Clerk] Council Member Bourbeau announced that he will be abstaining on this item as he was not on the City Council for these meetings. MOTION: By Council Member Moreno and seconded by Mayor Pro Tem Fonzi to approve the Consent Calendar. Motion passed 4:0 by a roll-call vote. (Bourbeau abstained) COMMUNITY FORUM: None B. PUBLIC HEARINGS: None C. MANAGEMENT REPORTS: 1. Approval of Recognized Obligation Payment Schedule 17-18 July 1, 2017 – June 30, 2018  Fiscal Impact: None for this action.  Recommendation: Successor Agency Board approve the Draft Recognized Obligation Payment Schedule (ROPS) for the period of July 1, 2017 through June 30, 2018 (ROPS 17-18), including the Administrative Budget, pursuant to Health and Safety Code. [Administrative Services] Page 4 of 12 ITEM NUMBER: SA A-1 DATE: 05/23/17 Atascadero Successor Agency for RDA January 24, 2017 Page 3 of 3 Administrative Services Director Jeri Rangel gave the staff report and answered questions from the Council. PUBLIC COMMENT: None MOTION: By Council Member Sturtevant and seconded by Council Member Bourbeau to approve the Draft Recognized Obligation Payment Schedule (ROPS) for the period of July 1, 2017 through June 30, 2018 (ROPS 17-18), including the Administrative Budget, pursuant to Health and Safety Code. Motion passed 5:0 by a roll-call vote. BOARD ANNOUNCEMENTS AND REPORTS: None D. ADJOURNMENT Mayor O’Malley adjourned the meeting at 8:53 p.m. MINUTES PREPARED BY: ______________________________________ Marcia McClure Torgerson, C.M.C. City Clerk Page 5 of 12 ITEM NUMBER: SA C-1 DATE: 05/23/17 Successor Agency to the Community Redevelopment Agency of Atascadero Staff Report – Public Works Department Grant of Easement for Pacific Gas and Electric Company to Underground Existing Electrical Facilities RECOMMENDATION: Successor Agency Board authorize the City Manager to execute the attached Grant of Easement for Pacific Gas and Electric Company, a corporation. DISCUSSION: As part of the Centennial Bridge and Plaza project, improvements at the south bridge landing conflict with an existing Pacific Gas and Electric (PG&E) main line and power pole. Additionally, the City required the relocating of existing overhead lines to underground conduits to improve aesthetics of the Centennial Bridge and Plaza project. To resolve the conflict and meet City requirements, PG&E has proposed relocating the existing pole to the west of its current location, removing a portion of the existing overhead lines and constructing new underground facilities to the south of the new bridge abutment. The placement of public utilities typically reside within a street right -of-way and do not require an easement. These facilities are currently located within Creek Reservation Parcel No. 3 and the Creekside Building parcel. Since these facilities will be located within parcels owned in fee by the City and the Successor Agency to the Redevelopment Agency of Atascadero (Successor Agency), and not within a street right-of-way, PG&E requires the City and Successor Agency to grant a utility easement to PG&E. The City Council will consider the easement for Creek Reservation No. 3. City Public Works staff has coordinated the easement limits with PG&E and has reviewed the documents. FISCAL IMPACT: None. ATTACHMENT: 1. Grant of Easement Page 6 of 12 Distribution Easement (Rev. 11/15) RECORDING REQUESTED BY AND RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY Land Services Office 4325 South Higuera Street San Luis Obispo, CA 93401 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. ___________________________________________________ Signature of declarant or agent determining tax (SPACE ABOVE FOR RECORDER'S USE ONLY) LD# 2228-12-1435 EASEMENT DEED SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO FOR REDEVELOPMENT AND HOUSING PURPOSES, who acquired title as THE REDEVELOPMENT AGENCY OF THE CITY OF ATASCADERO, a public body, corporate and politic, hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation , hereinafter called Grantee, the right from time to time to construct, reconstruct, install, inspect, maintain, replace, remove, and use facilities of the type hereinafter specified, together with a right of way therefor, within the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situate in the City of Atascadero , County of San Luis Obispo , State of California, described as follows: APN 029-361-045 Lot 4 of Tract Map No. 2733 as said lot is shown upon the map filed for record August 4, 2008 in Book 31 of Maps at page 53, San Luis Obispo County Records. Said facilities and easement area are described as follows: Such underground conduits, pipes, manholes, service boxes, wires, cables, and electrical conductors; aboveground marker posts, risers, and service pedestals; underground and aboveground switches, fuses, terminals, and transformers with associated concrete pads; and fixtures and appurtenances necessary to any and all thereof, as Grantee deems necessary for the distribution of electric energy and communication purposes located within the strip of land described as follows: A strip of land of the uniform width of 13 feet lying contiguous to and southeasterly of a portion of the general northwesterly boundary line of said lands described as follows: ITEM NUMBER: SA C-1 DATE: 05/23/17 ATTACHMENT: 1 Page 7 of 12 Distribution Easement (Rev. 11/15) Commencing at a point on the general northwesterly boundary line of said lands, being the most westerly corner of said Lot 4 and running along said general northwesterly boundary line 1) north 45 51’ 35” east 16.77 feet; thence continuing along said northwesterly boundary line 2) north 37° 09’ 35” west 55.00 feet to the TRUE POINT OF BEGINNING of said line; thence continuing along said northwesterly boundary line 3) north 37° 09’ 35” west 120.00 feet The foregoing description is based on a survey made by second party in May, 2017. The bearings used are based on said Tract Map No. 2733. Grantor further grants to Grantee the right, from time to time, to trim or to cut down 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 shall not erect or construct any building or other structure or drill or operate any well within said easement area. Grantor further grants to Grantee the right to assign to another public utility as defined in Section 216 of the California Public Utilities Code the right to install, inspect, maintain, replace, remove and use 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 “A”, 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 pursuant to Section 8730 (c) of the Business and Professions Code. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. ITEM NUMBER: SA C-1 DATE: 05/23/17 ATTACHMENT: 1 Page 8 of 12 Distribution Easement (Rev. 11/15) Dated ______________________, 20____. 05/16/17 SUCCESSOR AGENCY TO THE COMMUNITY Los Padres Division; Area 4 REDEVELOPMENT AGENCY OF ATASCADERO FOR San Luis Obispo Land Services Office REDEVELOPMENT AND HOUSING PURPOSES, who Electric Distribution a cquired title as THE REDEVELOPMENT AGENCY (MDM, T28S, R12E) OF THE CITY OF ATASCADERO, a public body, (Sec. 15, E½ of SW¼, W½ of SE¼) corporate and politic FERC: N/A PG&E Dwg. #: S-2812436 Plat #: AY136-P19 Affected LD: N/A Cross Ref LD: N/A Interest: 04, 06, 43 ______________________________________________ SBE: N/A By: PM: 31289391; OPN: 0070 JCN: N/A County: San Luis Obispo Utility Notice #: N/A 851 Approval Application # __________ 851 Approval Decision # _____________ ______________________________________________ Prepared: lmb; Checked: trp By: L# 55857b.doc I hereby certify that a resolution was adopted on the _______ day of ______________ , 20___ by the _____________________________________ authorizing the foregoing grant of easement. By__________________________________ Title________________________________ ITEM NUMBER: SA C-1 DATE: 05/23/17 ATTACHMENT: 1 Page 9 of 12 Distribution Easement (Rev. 11/15) State of California County of ) On __________________________, before me, , Notary Public, Here insert name and title of the officer personally appeared , 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. (Seal) Signature of Notary Public CAPACITY CLAIMED BY SIGNER [ ] Individual(s) signing for oneself/themselves [ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s) [ ] Partner(s) of the above named Partnership(s) [ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other 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. ITEM NUMBER: SA C-1 DATE: 05/23/17 ATTACHMENT: 1 Page 10 of 12 Distribution Easement (Rev. 11/15) Pacific Gas and Electric Company EXHIBIT “A” 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. 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 ar e 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 eas ement 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 NUMBER: SA C-1 DATE: 05/23/17 ATTACHMENT: 1 Page 11 of 12 05/16/17 trp Los Padres 55857.dgn lmb along boundaries or lines all courses extend to or Unless otherwise shown MDM San Luis Obispo City, Rancho, Subdivision, Etc. SECTION TOWNSHIP RANGE REFERENCES: MERIDIAN DATESCALE APPLICANT: DRAWING NO.AUTHORIZDIVISIONPG&E COUNTY: F.B.: DR.BY: CH.BY: Existing Pole Property Line New Pole Legend 1"= 100’ Easement Delineation 31 Maps 53 Tract 2733 Lot 9 Lot 4 Lot 2 Lot 3 Lot 6 Lot 7 Lot 5 Lot 8 Legend Plat No. AY136-P19 4 Maps 67C Reservation No. 3 Ptn Atascadero Creek LD: 2228-12-1210cL 6’ UG Strip per 120.0’Capi st rano AvenueDoc# 2008-047930 municipal corporation City of Atascadero, a APN: 029-361-003 APN: 029-361-045 AP N: 029-361-046 Strip 13’ UGStrip 10’ UG(Section 15, E‰ of SW…, W‰ of SE…) Atascadero (15)(12E)(28S) City-Atascadero 31289391 S-2812436 E x istin g OH L in e 120.0’POC N 37 09’ 35" E16.77’ N 45 51’ 35" E TPOB 55.0’Doc# 2008-059275 for Redevelopment and Housing Purposes Redevelopment Agency of Atascadero Successor Agency to the Community ITEM NUMBER: SA C-1 DATE: 05/23/17 ATTACHMENT: 1 Page 12 of 12