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HomeMy WebLinkAboutOB_2017_05_24_AgendaPacketOVERSIGHT BOARD FOR SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO FOR REDEVELOPMENT AND HOUSING PURPOSES1 SPECIAL MEETING AGENDA Wednesday, May 24, 2017 12:30 P.M. Atascadero City Hall, Conference Room 104 6500 Palma Avenue Atascadero, California CALL TO ORDER: ROLL CALL: Chairperson Fonzi Board Member Rickard Board Member Arnold Board Member Clemens Board Member Smith Vacant APPROVAL OF AGENDA: Roll Call PUBLIC COMMENT: (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 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 Public Comment, unless changed by the Board.) A. CONSENT AGENDA: 1. Oversight Board Meeting Draft Action Minutes of January 31, 2017  Recommendation: Board approve the Oversight Board Meeting Draft Action Minutes of January 31, 2017. 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 1 of 14 B. BUSINESS ITEMS: None C. MANAGEMENT REPORTS: 1. Grant of Easement for Pacific Gas and Electric Company to Underground Existing Electrical Facilities  Fiscal Impact: None  Recommendation: Oversight Board adopt Draft Resolution approving the Successor Agency’s authorization of the City Manager to execute the attached Grant of Easement for Pacific Gas and Electric Company, a corporation. D. BOARD COMMENTS: E. STAFF COMMENTS: F. ADJOURNMENT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in an Oversight Board meeting, please contact the City Clerk’s Office at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting. Page 2 of 14 ITEM NUMBER: OB A-1 DATE: 05/24/17 Atascadero Oversight Board Minutes of January 31, 2017 Page 1 of 3 OVERSIGHT BOARD FOR SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO FOR REDEVELOPMENT AND HOUSING PURPOSES1 DRAFT ACTION MINUTES Tuesday, January 31, 2017 2:00 P.M. Atascadero City Hall, Conference Room 306 6500 Palma Avenue Atascadero, California CALL TO ORDER: Chairperson Fonzi called the meeting to order at 2:06 p.m. ROLL CALL: Present: Board Members Clemens, Green, Rickard, Smith and Chairperson Fonzi Absent: Board Members Arnold and Weathers Staff Present: Administrative Services Director Jeri Rangel, Deputy City Manager Lara Christensen and Deputy City Clerk Amanda Muther APPROVAL OF AGENDA: Roll Call 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 14 ITEM NUMBER: OB A-1 DATE: 05/24/17 Atascadero Oversight Board Minutes of January 31, 2017 Page 2 of 3 MOTION: By Board Member Rickard and seconded by Board Member Green to approve Agenda. Motion passed 5:0 by voice vote. OATH OF OFFICE: 1. Administration of Oath of Office – New Board Member Chris Green to be sworn in by Deputy City Manager / Asst. City Clerk, Lara Christensen. New Board Member Chris Green was sworn in by Deputy City Manager Lara Christensen. BOARD REORGANIZATION: 1. Election of Chairperson and Vice Chairperson  Recommendation: Oversight Board elect one member to serve as Chairperson and one member to serve as Vice Chairperson for the Oversight Board for Successor Agency to the Community Redevelopment Agency of Atascadero. MOTION: By Board Member Smith and seconded by Board Member Rickard for Chairperson Fonzi to remain Chairperson. Board Member Fonzi nominated Board Member Clemens for Vice Chairperson. PUBLIC COMMENT: None A. CONSENT AGENDA: 1. Oversight Board Meeting Draft Action Minutes of June 16, 2016  Recommendation: Board approve the Oversight Board Meeting Draft Action Minutes of June 16, 2016. MOTION: By Board Member Rickard and seconded by Chairperson Fonzi to approve the Consent Calendar. Motion passed 5:0 by voice vote. B. BUSINESS ITEMS: None Page 4 of 14 ITEM NUMBER: OB A-1 DATE: 05/24/17 Atascadero Oversight Board Minutes of January 31, 2017 Page 3 of 3 C. MANAGEMENT REPORTS: 1. Approval of Recognized Obligation Payment Schedule 17-18 July 1, 2017 through June 30, 2018  Fiscal Impact: None for this action.  Recommendation: Oversight Board adopt Draft Resolution A approving 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] Administrative Services Director Jeri Rangel gave the staff report and answered questions from the Board. Board Member Rickard also answered questions. MOTION: By Board Member Rickard and seconded by Board Member Smith to adopt Resolution approving Recognized Obligation Payment Schedule for the period of July 1, 2017 through June 30th 2018, including the Administrative Budget, pursuant to Health and Safety Code. Motion passed 5:0 by roll call vote. D. BOARD COMMENTS: Board Member Rickard spoke about an offer that was made on the City Hall Annex and explained that the appraisal on the building came in high . Board Member Rickard advised that the demolition of the old Chamber Building would be completed before June 2017. E. STAFF COMMENTS: There was consensus to cancel the Regular Oversight Board Meeting scheduled for February 16, 2017. F. ADJOURNMENT: Chairperson Fonzi adjourned the meeting at 2:25 p.m. MINUTES PREPARED BY: ______________________________________ Amanda Muther, Deputy City Clerk Page 5 of 14 ITEM NUMBER: OB C-1 DATE: 05/24/17 Oversight Board for Successor Agency to the Community Redevelopment Agency of Atascadero Grant of Easement for Pacific Gas and Electric Company to Underground Existing Electrical Facilities RECOMMENDATION: Oversight Board adopt Draft Resolution approving the Successor Agency’s authorization of 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 br idge 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 pro ject. 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 authorization to execute these easements is being considered by the City Council and Successor Agency on Tuesday, May 23, 2017. City Public Works staff has coordinated the easement limits with PG&E and has reviewed the documents. FISCAL IMPACT: None. ATTACHMENTS: 1. Draft Resolution 2. Grant of Easement Page 6 of 14 ITEM NUMBER: OB C-1 DATE: ATTACHMENT: 05/24/17 1 DRAFT RESOLUTION RESOLUTION OF THE OVERSIGHT BOARD FOR SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO, APPROVING THE SUCCESSOR AGENCY’S AUTHORIZATION OF THE CITY MANAGER TO EXECUTION A GRANT OF EASEMENT TO PACIFIC GAS & ELECTRIC COMPANY WHEREAS, the Oversight Board for Successor Agency to the Community Redevelopment Agency of Atascadero (Oversight Board) has been established to direct the Successor Agency to take certain actions to wind down the affairs of the Redevelopment Agency in accordance with the California Health and Safety Code; and WHEREAS, the relocating of an existing main line and power pole, as well as overhead Pacific Gas and Electric Company (PG&E) electrical lines to underground conduits is necessary for the construction of the Centennial Bridge and Plaza project; and WHEREAS, these existing PG&E facilities are currently located within parcels owned in fee by the City of Atascadero (APN 029-361-003) and the Successor Agency to Redevelopment Agency of Atascadero (APN 029-361-045); and WHEREAS, PG&E is requiring the grant of a utility easement for APN 029-361-045, commonly referred to as the Creekside Building parcel, from the Successor Agency to the Redevelopment Agency of Atascadero; and WHEREAS, on May 23, 2017, the Successor Agency to the Community Redevelopment Agency of Atascadero reviewed and authorized the City Manager to execute the Grant of Easement to PG&E; and WHEREAS, The Oversight Board for the Successor Agency to the Community Redevelopment Agency of Atascadero has reviewed the Grant of Easement to PG&E for utility purposes. NOW, THEREFORE BE IT RESOLVED, by the Oversight Board for Successor Agency to the Community Redevelopment Agency of Atascadero as follows: SECTION 1. The Oversight Board hereby approves the Successor Agency’s authorization to the City Manager for the execution of a grant of easement to Pacific Gas and Electric Company on APN 029-361-045, commonly referred to as the Creekside Building Parcel. SECTION 2. The City Manager is hereby directed to submit this ratification and a copy of the executed Grant of Easement to the Department of Finance. Page 7 of 14 SECTION 3. The Oversight Board Secretary shall certify to the adoption of this Resolution. PASSED AND ADOPTED by the Oversight Board for Successor Agency to the Community Redevelopment Agency of Atascadero on the _______ day of _________ 2017, by the following vote: AYES: NOES: ABSENT: ADOPTED: OVERSIGHT BOARD FOR SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO ________________________________ Roberta Fonzi, Chairperson ATTEST: ___________________________________ Lara K. Christensen, Board Secretary Page 8 of 14 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: OB C-1 DATE: 05/23/17 ATTACHMENT: 2 Page 9 of 14 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: OB C-1 DATE: 05/23/17 ATTACHMENT: 2 Page 10 of 14 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: OB C-1 DATE: 05/23/17 ATTACHMENT: 2 Page 11 of 14 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: OB C-1 DATE: 05/23/17 ATTACHMENT: 2 Page 12 of 14 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: OB C-1 DATE: 05/23/17 ATTACHMENT: 2 Page 13 of 14 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: OB C-1 DATE: 05/23/17 ATTACHMENT: 2 Page 14 of 14