HomeMy WebLinkAboutSA_2018_01_09 Agenda Packet
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.
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, January 9, 2018
(Immediately following the conclusion
of the City Council Regular Session)
City Hall Council Chambers, 4th floor
6500 Palma Avenue
Atascadero, California
(Enter from Lewis Avenue)
REGULAR SESSION – CALL TO ORDER: Immediately following
the conclusion of the City
Council Regular Session
ROLL CALL: Mayor O’Malley
Mayor Pro Tem Fonzi
Council Member Bourbeau
Council Member Moreno
Council Member Sturtevant
APPROVAL OF AGENDA: Roll Call
Page 1 of 117
A. CONSENT CALENDAR:
1. Successor Agency Draft Minutes – May 23, 2017, June 13, 2017, June 27,
2017, July 11, 2017, August 8, 2017, September 26, 2017, and
November 14, 2017
Recommendation: Council, in the capacity of the Successor Agency to
the Community Redevelopment Agency of Atascadero, approve the
Successor Agency Draft Action Minutes of May 23, 2017, June 13, 2017,
June 27, 2017, July 11, 2017, August 8, 2017, September 26, 2017, and
November 14, 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:
1. Sale of Creekside Building
Ex-parte Communications:
Fiscal Impact: Closing costs and fees for the seller are estimated to be
$4,600. Following receipt of the proceeds of the sale, the Successor
Agency will transfer the appropriate funds to the County of San Luis
Obispo Auditor-Controller for distribution to the taxing agencies in
accordance with Health and Safety Code Division 24, Part 1.85.
Recommendation: Successor Agency adopt Draft Resolution approving a
Negative Declaration in accordance with CEQA requirements and
approving a purchase and sale agreement of the Creekside Building for
the purchase price of $2,200,000. [City Manager]
C. MANAGEMENT REPORTS:
1. Approval of Recognized Obligation Payment Schedule 18-19
July 1, 2018 – June 30, 2019
Fiscal Impact: None for this action.
Recommendation: Successor Agency Board approve the Draft
Recognized Obligation Payment Schedule (ROPS) for the period of July 1,
2018 through June 30, 2019 (ROPS 18 -19), including the Administrative
Budget, pursuant to Health and Safety Code. [Administrative Services]
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. ADJOURN
Page 2 of 117
ITEM NUMBER: SA A-1
DATE: 01/09/18
Atascadero Successor Agency
May 23, 2017
Page 1 of 3
CITY OF ATASCADERO CITY COUNCIL IN
THE CAPACITY OF SUCCESSOR AGENCY
TO THE COMMUNITY REDEVELOPMENT
AGENCY OF ATASCADERO FOR
REDEVELOPMENT AND HOUSING
PURPOSES
____________________________________________________________________________
DRAFT MINUTES
Tuesday, May 23, 2017
(Immediately following the City Council Closed/Regular Sessions)
City Hall Council Chambers, 4th floor
6500 Palma Avenue
Atascadero, California
SUCCESSOR AGENCY CLOSED SESSION:
Mayor O’Malley called Closed Session to order at 5:00 p.m.
1. CLOSED SESSION -- PUBLIC COMMENT - None
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
The City Attorney reported that there was no reportable action in Closed Session.
Page 3 of 117
ITEM NUMBER: SA A-1
DATE: 01/09/18
Atascadero Successor Agency
May 23, 2017
Page 2 of 3
REGULAR SESSION – CALL TO ORDER:
Mayor O’Malley called the meeting to order at 7:43 p.m.
ROLL CALL:
Present: Council Members Bourbeau, Moreno, Sturtevant, Mayor Pro Tem
Fonzi, and Mayor O’Malley
Absent: None
Staff Present: City Manager Rachelle Rickard, Administrative Services Director
Jeri Rangel, Public Works Director Nick DeBar, Sergeant Jason
Carr, Fire Chief Casey Bryson, City Attorney Brian Pierik, and
Deputy City Manager / City Clerk Lara Christensen.
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]
MOTION: By Council Member Moreno and seconded by Council Member
Sturtevant to approve the Consent Calendar.
Motion passed 5:0 by a roll-call vote.
COMMUNITY FORUM: None
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]
Council Member Sturtevant recused himself and left the Council Chambers noting that
he is an employee of Pacific Gas & Electric, which creates a potential conflict of inter est
for him.
Page 4 of 117
ITEM NUMBER: SA A-1
DATE: 01/09/18
Atascadero Successor Agency
May 23, 2017
Page 3 of 3
City Manager Rickard gave the staff report and answered questions from the Council.
PUBLIC COMMENT: None
MOTION: By Mayor O’Malley and seconded by Council Member Moreno
to authorize the City Manager to execute Grant of Easement
for Pacific Gas and Electric Company.
Motion passed 4:0 by a roll-call vote. Sturtevant abstained.
BOARD ANNOUNCEMENTS AND REPORTS: None
D. ADJOURNMENT
Mayor O’Malley adjourned the meeting at 7:47 p.m.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
Deputy City Manager / City Clerk
APPROVED:
Page 5 of 117
ITEM NUMBER: SA A-1
DATE: 01/09/18
Atascadero Successor Agency
June 13, 2017
Page 1 of 2
SPECIAL MEETING
CITY OF ATASCADERO CITY COUNCIL
IN THE CAPACITY OF
SUCCESSOR AGENCY TO THE COMMUNITY
REDEVELOPMENT AGENCY OF ATASCADERO FOR
REDEVELOPMENT AND HOUSING PURPOSES
Tuesday, June 13, 2017
Immediately Following Closed Session
of the City Council Meeting of June 13, 2017
City Hall – Council Chambers
6500 Palma Avenue, Atascadero, California
DRAFT MINUTES
SUCCESSOR AGENCY CLOSED SESSION: Immediately Following Closed
Session of the City Council
Mayor O’Malley announced at 5:00 p.m. that the Council is going into Closed Session.
ROLL CALL:
Present: Council Members Moreno, Sturtevant, Mayor Pro Tem Fonzi, and
Mayor O’Malley
Absent: Council Member Bourbeau
Staff Present: City Manager Rachelle Rickard, City Attorney Brian Pierik, and
Deputy City Manager/City Clerk Lara Christensen.
1. CLOSED SESSION -- PUBLIC COMMENT - None
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
Page 6 of 117
ITEM NUMBER: SA A-1
DATE: 01/09/18
Atascadero Successor Agency
June 13, 2017
Page 2 of 2
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Real Property Negotiators (Govt. Code 54956.8)
Real Property: Creekside Building located at 6907 El Camino Real
Agency Negotiator: Rachelle Rickard, City Manager
Negotiating Parties: Pacific Management & Development Corporation
Subject of Negotiations: Purchase price and/or terms of payment
4. CLOSED SESSION -- ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION -- REPORT
The City Attorney reported that there was no reportable action.
ADJOURNMENT
Mayor O’Malley adjourned the meeting at 6:00 p.m.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
Deputy City Manager / City Clerk
Page 7 of 117
ITEM NUMBER: SA A-1
DATE: 01/09/18
Atascadero Successor Agency
June 27, 2017
Page 1 of 2
SPECIAL MEETING
CITY OF ATASCADERO CITY COUNCIL
IN THE CAPACITY OF
SUCCESSOR AGENCY TO THE COMMUNITY
REDEVELOPMENT AGENCY OF ATASCADERO FOR
REDEVELOPMENT AND HOUSING PURPOSES
Tuesday, June 27, 2017
Immediately Following Closed Session
of the City Council Meeting of June 27, 2017
City Hall – Council Chambers
6500 Palma Avenue, Atascadero, California
DRAFT MINUTES
SUCCESSOR AGENCY CLOSED SESSION: Immediately Following Closed
Session of the City Council
Mayor O’Malley announced at 5:05 p.m. that the Council is going into Closed Session.
ROLL CALL:
Present: Council Members Bourbeau, Moreno, Sturtevant, Mayor Pro Tem
Fonzi, and Mayor O’Malley
Absent: None
Staff Present: City Manager Rachelle Rickard, City Attorney Brian Pierik, and
Deputy City Manager/City Clerk Lara Christensen.
1. CLOSED SESSION -- PUBLIC COMMENT - None
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
Page 8 of 117
ITEM NUMBER: SA A-1
DATE: 01/09/18
Atascadero Successor Agency
June 27, 2017
Page 2 of 2
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Real Property Negotiators (Govt. Code 54956.8)
Real Property: Creekside Building located at 6907 El Camino Real
Agency Negotiator: Rachelle Rickard, City Manager
Negotiating Parties: Pacific Management & Development Corporation
Subject of Negotiations: Purchase price and/or terms of payment
4. CLOSED SESSION -- ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION -- REPORT
The City Attorney reported that there was no reportable action.
ADJOURNMENT
Mayor O’Malley adjourned the meeting at 6:00 p.m.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
Deputy City Manager / City Clerk
Page 9 of 117
ITEM NUMBER: SA A-1
DATE: 01/09/18
Atascadero Successor Agency
July 11, 2017
Page 1 of 2
SPECIAL MEETING
CITY OF ATASCADERO CITY COUNCIL
IN THE CAPACITY OF
SUCCESSOR AGENCY TO THE COMMUNITY
REDEVELOPMENT AGENCY OF ATASCADERO FOR
REDEVELOPMENT AND HOUSING PURPOSES
Tuesday, July 11, 2017
Immediately Following Closed Session
of the City Council Meeting of July 11, 2017
City Hall – Council Chambers
6500 Palma Avenue, Atascadero, California
DRAFT MINUTES
SUCCESSOR AGENCY CLOSED SESSION: Immediately Following Closed
Session of the City Council
Mayor O’Malley announced at 5:03 p.m. that the Council is going into Closed Session.
ROLL CALL:
Present: Council Members Bourbeau, Moreno, Sturtevant, Mayor Pro Tem
Fonzi, and Mayor O’Malley
Absent: None
Staff Present: City Manager Rachelle Rickard, City Attorney Brian Pierik, and
Deputy City Manager/City Clerk Lara Christensen.
1. CLOSED SESSION -- PUBLIC COMMENT - None
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
Page 10 of 117
ITEM NUMBER: SA A-1
DATE: 01/09/18
Atascadero Successor Agency
July 11, 2017
Page 2 of 2
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Real Property Negotiators (Govt. Code 54956.8)
Real Property: Creekside Building located at 6907 El Camino Real
Agency Negotiator: Rachelle Rickard, City Manager
Negotiating Parties: Pacific Management & Development Corporation
Subject of Negotiations: Purchase price and/or terms of payment
4. CLOSED SESSION -- ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION -- REPORT
The City Attorney reported that there was no reportable action.
ADJOURNMENT
Mayor O’Malley adjourned the meeting at 6:00 p.m.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
Deputy City Manager / City Clerk
Page 11 of 117
ITEM NUMBER: SA A-1
DATE: 01/09/18
Atascadero Successor Agency
August 8, 2017
Page 1 of 2
SPECIAL MEETING
CITY OF ATASCADERO CITY COUNCIL
IN THE CAPACITY OF
SUCCESSOR AGENCY TO THE COMMUNITY
REDEVELOPMENT AGENCY OF ATASCADERO FOR
REDEVELOPMENT AND HOUSING PURPOSES
Tuesday, August 8, 2017
Immediately Following Closed Session
of the City Council Meeting of August 8, 2017
City Hall – Council Chambers
6500 Palma Avenue, Atascadero, California
DRAFT MINUTES
SUCCESSOR AGENCY CLOSED SESSION: Immediately Following Closed
Session of the City Council
Mayor O’Malley announced at 5:30 p.m. that the Council is going into Closed Session.
ROLL CALL:
Present: Council Members Bourbeau, Moreno, Sturtevant, Mayor Pro Tem
Fonzi, and Mayor O’Malley
Absent: None
Staff Present: City Manager Rachelle Rickard, City Attorney Brian Pierik, and
Deputy City Manager/City Clerk Lara Christensen.
1. CLOSED SESSION -- PUBLIC COMMENT - None
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
Page 12 of 117
ITEM NUMBER: SA A-1
DATE: 01/09/18
Atascadero Successor Agency
August 8, 2017
Page 2 of 2
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Real Property Negotiators (Govt. Code 54956.8)
Real Property: Creekside Building located at 6907 El Camino Real
Agency Negotiator: Rachelle Rickard, City Manager
Negotiating Parties: Pacific Management & Development Corporation
Subject of Negotiations: Purchase price and/or terms of payment
4. CLOSED SESSION -- ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION -- REPORT
The City Attorney reported that there was no reportable action.
ADJOURNMENT
Mayor O’Malley adjourned the meeting at 6:00 p.m.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
Deputy City Manager / City Clerk
Page 13 of 117
ITEM NUMBER: SA A-1
DATE: 01/09/18
Atascadero Successor Agency
September 26, 2017
Page 1 of 2
SPECIAL MEETING
CITY OF ATASCADERO CITY COUNCIL
IN THE CAPACITY OF
SUCCESSOR AGENCY TO THE COMMUNITY
REDEVELOPMENT AGENCY OF ATASCADERO FOR
REDEVELOPMENT AND HOUSING PURPOSES
Tuesday, September 26, 2017
Immediately Following Closed Session
of the City Council Meeting of September 26, 2017
City Hall – Council Chambers
6500 Palma Avenue, Atascadero, California
DRAFT MINUTES
SUCCESSOR AGENCY CLOSED SESSION: Immediately Following Closed
Session of the City Council
Mayor O’Malley announced at 5:01 p.m. that the Council is going into Closed Session.
ROLL CALL:
Present: Council Members Bourbeau, Moreno, Sturtevant, and Mayor
O’Malley
Absent: Mayor Pro Tem Fonzi
Staff Present: City Manager Rachelle Rickard, City Attorney Brian Pierik, and
Deputy City Manager/City Clerk Lara Christensen
1. CLOSED SESSION -- PUBLIC COMMENT - None
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
Page 14 of 117
ITEM NUMBER: SA A-1
DATE: 01/09/18
Atascadero Successor Agency
September 26, 2017
Page 2 of 2
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Real Property Negotiators (Govt. Code 54956.8)
Real Property: Creekside Building located at 6907 El Camino Real
Agency Negotiator: Rachelle Rickard, City Manager
Negotiating Parties: Pacific Management & Development Corporation
Subject of Negotiations: Purchase price and/or terms of payment
4. CLOSED SESSION -- ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION -- REPORT
The City Attorney reported that there was no reportable action.
ADJOURNMENT
Mayor O’Malley adjourned the meeting at 6:00 p.m.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
Deputy City Manager / City Clerk
Page 15 of 117
ITEM NUMBER: SA A-1
DATE: 01/09/18
Atascadero Successor Agency
November 14, 2017
Page 1 of 2
SPECIAL MEETING
CITY OF ATASCADERO CITY COUNCIL
IN THE CAPACITY OF
SUCCESSOR AGENCY TO THE COMMUNITY
REDEVELOPMENT AGENCY OF ATASCADERO FOR
REDEVELOPMENT AND HOUSING PURPOSES
Tuesday, November 14, 2017
5:00 P.M.
City Hall – Council Chambers
6500 Palma Avenue, Atascadero, California
DRAFT MINUTES
SUCCESSOR AGENCY CLOSED SESSION: 5:00 P.M.
Mayor O’Malley announced at 5:00 p.m. that the Council is going into Closed Session.
Present: Council Members Kelley, Fonzi, Sturtevant, Mayor Pro Tem
Moreno, and Mayor O’Malley
Staff Present: City Manager Rachelle Rickard, City Attorney Brian Pierik and
Deputy City Manager/City Clerk Lara Christensen
1. CLOSED SESSION -- PUBLIC COMMENT - None
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Real Property Negotiators (Govt. Code 54956.8)
Real Property: Creekside Building located at 6907 El Camino Real
Agency Negotiator: Rachelle Rickard, City Manager
Negotiating Parties: Clint Pearce
Subject of Negotiations: Purchase price and/or terms of payment.
Page 16 of 117
ITEM NUMBER: SA A-1
DATE: 01/09/18
Atascadero Successor Agency
November 14, 2017
Page 2 of 2
4. CLOSED SESSION -- ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION -- REPORT
The City Attorney reported that there was no reportable action.
ADJOURNMENT
Mayor O’Malley adjourned the Closed Session meeting at 5:45 p.m.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
Deputy City Manager / City Clerk
Page 17 of 117
ITEM NUMBER: SA B-1
DATE: 01/09/18
Successor Agency to the Community
Redevelopment Agency of Atascadero
Staff Report – City Manager’s Office
Sale of Creekside Building
RECOMMENDATION:
Successor Agency adopt Draft Resolution approving a Negative Declaration in
accordance with CEQA requirements and approving a purchase and sale agreement of
the Creekside Building for the purchase price of $2,200,000.
DISCUSSION:
Background
On May 12, 2015, the Successor Agency approved the Property Disposition and
Marketing Plan, prepared by Rosenow Spevacek Group (RSG), for the Creekside
Building Located at 6907 El Camino Real, Atascadero. On June 18, 2015, the Property
Disposition and Marketing Plan was also approved by the Oversight Board. The former
Community Redevelopment Agency purchased the real property located at 6907 El
Camino Real, otherwise known as the Creekside Building, in late 2004. The purchase
of the property had been identified as a benefit to the Redevelopment Project Area and
was consistent with the former Agency’s Five Year Implementation Plan to revitalize
downtown and encourage rehabilitation of deteriorated structures. Due to the damage
caused to Historic City Hall by the 2003 San Simeon Earthquake, and the need for
temporary City Hall offices until the Historic City Hall was repaired, t he City and the
former Agency negotiated a lease to rent the Creekside Building. The building acted as
City Hall from late 2005 to August of 2013.
Following the 2012 dissolution of all redevelopment agencies in California, the
Successor Agency was required to prepare and approve a Long-Range Property
Management Plan (LRPMP) that addresses the disposition and use of the r eal
properties of the former redevelopment agency. The Creekside Building is the one
significant piece of real property owned by the Successor Agency and the LRPMP
proposed the sale of this building. In July 2013, both the Successor Agency and the
Oversight Board approved the LRPMP. In January 2014, the Successor Agency
received a response from the Department of Finance, giving the final approval of the
LRPMP.
Page 18 of 117
ITEM NUMBER: SA B-1
DATE: 01/09/18
In preparation for disposal, the Successor Agency entered into a contract with RSG to
conduct a market analysis and explore a range of potential development options to
maximize the value of the property. RSG completed the market analysis, identified
feasible reuse and development options for the property in order to identify potential
buyers, and recommended a marketing plan to target appropriate buyers under the
development options. The three financially feasible development options identified by
RSG for the Creekside Building consist of 1) office use for 100% of the building, 2)
mixed use of office space and indoor recreational use, and 3) mixed use of office space
and a public marketplace concept.
In order to maximize the development of the Creekside Building, RSG recommended
that a qualified real estate broker with proven experience and expertise with office and
retail properties be retained through a public Request for Qualifications (RFQ) process.
The RFQ was to also provide an additional commission incentive to the selected broker
for the successful sale to a progressive and creative property owner who would improve
the property as a mixed use office space/public marketplace concept or a mixed use
office/recreational space concept. Following the May 2015 approval of the Property
Disposition and Marketing Plan by the Successor Agency, staff followed the City’s
Purchasing Policy to develop and prepare the RFQ for issuance. By June 2016, the
RFQ had been drawn up and was ready to be distributed.
Analysis
Prior to the planned release of the RFQ, staff was approached by Pacific Management
& Development Corporation (PM&D). PM&D expressed an interest in purchasing the
Creekside building. The developer planned to put an office-type use in approximately
two-thirds of the building with approximately 40 full-time professional employees
working regular daytime business hours, with public visitors throughout the day. The
remaining one-third of the building was intended to be used for either a separate office
use with 20 -25 employees or a restaurant/retail use.
While the hope was to attract and/or incentivize a purchaser willing to develop a
marketplace concept area within the building, the proposal of an intens ive office use
could also fulfill several economic development goals:
The addition of 60-75 employees in the building during the day would
increase foot traffic and activity in the Colony Square development and the
downtown area.
The office use would help alleviate parking conflicts as the office use
would primarily be during the weekday, while the adjoining theatre and
restaurant uses require more evening and weekend parking.
Development of an office use could occur in a very short time period and
occupancy of the building would help alleviate some of the graffiti and
transient issues that are occurring in the area.
Immediate occupancy of the building with a large number of
visitors/employees could help stimulate other development within Colony
Square.
Staff believed that it would be beneficial to enter into discussions with the interested
parties regarding the purchase of the building and the Successor Agency agreed,
suspending the RFQ process in June 2016.
Page 19 of 117
ITEM NUMBER: SA B-1
DATE: 01/09/18
Upon the suspension of the RFQ process, the Successor Agency directed staff to take
all actions necessary to enter into negotiations with PM&D. Ultimately, negotiations with
PM&D stalled and in November 2017, another interested buyer approached staff . Staff
returned to the Successor Agency with a preliminary offer to purchase from Clint
Pearce, representing Colony Creekside, LLC, and was directed to enter into
negotiations.
Conclusion
Following negotiations with Colony Creekside, LLC, a Purchase and Sale Agreement
was drafted for the sale of the Creekside Building in the amount of $2,200,000 and is
being brought forward for review and action by the Successor Agency. A January 2018
Broker Opinion of Value, presented by Kosmont Realty Corp, a licensed California
Brokerage Firm, estimates the fair market value of the Property between $2.1 and $2.2
million. The sales price is not less than the fair market value of the interest to be
conveyed to the buyer, Colony Creekside, LLC.
While a proposed use for the property has not been finalized, the Agreement does
include restrictions on the use of the property after closing of the sale, limiting use to
professional office, retail, restaurant and compatible use space continuing to fulfill the
economic development goals of the property. The sale of the Property will assist in the
creation of economic opportunity in many ways including the creation of jobs for
contractors during the remodeling of the Creekside Building, the creation of jobs for
employees working in the businesses occupying the Creekside Building after it is
remodeled and the generation of tax revenue including property taxes and sales taxes.
As a condition of the sale, two sub-parcels will be transferred to the City: Transit-Center
Parcel and Creek Plaza Parcel. The transfer of the Transit-Center Parcel by the seller to
the City will create economic opportunity by ensuring the continued access to a
transportation hub for those working and living in the community.
The transfer of the Creek Plaza Parcel by the seller to the City will create economic
opportunity by improving access for pedestrians traveling between the Downtown area
and Colony Square (including the Creekside Building), and will offer pedestrians an
opportunity to purchase goods and services from businesses in these areas. The
Creekside Parcel also creates a plaza and pedestrian gathering area where the
anticipated adjacent businesses may set up outdoor seating and dining areas
encouraging pedestrians to patronize these businesses.
ENVIRONMENTAL DETERMINATION:
The City of Atascadero prepared an Initial Study to determine if the sale of the property
and the subsequent minor lot split would have a significant adverse effect on the
environment. The Initial Study found that there are no significant impacts created by the
project and that no mitigation measures will be required. Consequently, a Negative
Declaration was prepared for the Project. (See Attachment 3). Certification of Negative
Declaration No. 2017-0271 will satisfy the requirements of CEQA for the Creekside
building sale.
Page 20 of 117
ITEM NUMBER: SA B-1
DATE: 01/09/18
FISCAL IMPACT:
The portion of the Property proposed in the Agreement to be transferred to Colony
Creekside, LLC will be sold for the sum of $2,200,000. The consideration proposed for
the Property is not less than the fair market value at its highest and best use. Escrow
fees and charges are estimated at $2,300 and will be shared equally by seller and
buyer. The seller will also pay the cost of the CLTA Title Policy estimated at $3,450.
Following receipt of the proceeds of the sale, the Successor Agency will transfer the
appropriate funds to the County of San Luis Obispo Auditor-Controller for distribution to
the taxing agencies in accordance with Health and Safety Code Division 24, Part 1.85.
ATTACHMENTS:
1. Draft Resolution
2. Purchase and Sale Agreement with Colony Creekside, LLC
3. Negative Declaration
Page 21 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
1
DRAFT RESOLUTION
RESOLUTION OF THE SUCCESSOR AGENCY
TO THE COMMUNITY REDEVELOPMENT AGENCY OF
ATASCADERO APPROVING A NEGATIVE DECLARATION IN
ACCORDANCE WITH CEQA REQUIREMENTS AND APPROVING A
PURCHASE AND SALE AGREEMENT OF FORMER
REDEVELOPMENT AGENCY-OWNED PROPERTY
(CREEKSIDE BUILDING)
WHEREAS, the Successor Agency owns property located at 6907 El Camino Real,
Atascadero, California 93422 of approximately 2.166 net acres (“Property”); and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA), have been adhered to; and
WHEREAS, an Initial Study and proposed Negative Declaration, Environmental
Document No. 2017-0271 was prepared for the project and made available for public review in
accordance with the requirements of the California Environmental Qualit y Act (CEQA).
WHEREAS, the Property is vacant, and has not been generating any income or other
financial benefit for the community; and
WHEREAS, the Successor Agency desires to sell to Colony Creekside, LLC for
development a portion of the Property of approximately 1.83± acres, which is referenced in a
Purchase and Sale Agreement (“Agreement) on file in the City Clerk’s Office and incorporated
herein by reference. Exhibit 1 to the Agreement includes a legal description and sketch depicting
Parcel 2 (“Creekside Building”) the portion of the Property proposed to be sold to Colony
Creekside, LLC; and
WHEREAS, the Successor Agency also desires to grant to the City of Atascadero
(“City“) Parcel 3, a portion of the Property of approximately 5,833.7± square feet, that is legally
described in Exhibit 2, to the Agreement, which includes a sketch depicting Parcel 3 (“Transit-
Center Parcel”); and
WHEREAS, the Successor Agency also desires to grant to the City Parcel 1, a portion of
the Property, of approximately 8,829.8± square feet, that is legally described in Exhibit 3, to the
Agreement, which includes a sketch depicting Parcel 1 (“Creek Plaza Parcel”); and
WHEREAS, the Successor Agency was presented with the Agreement at its meeting on
January 9, 2018; and
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WHEREAS, the Agreement in Section 7.1 provides that Colony Creekside, LLC agrees
that the portion of the Property that will be acquired will be used only as professional office,
retail, restaurant or other reasonably compatible uses approved in writing by the Successor
Agency, in its sole discretion, and there are listed in Section 7.1 uses which are prohibited on this
portion of the Property; and
WHEREAS, the proposed sale of the portion of the Property to Colony Creekside, LLC
is in furtherance of an economic opportunity in that there will be jobs created both during any
remodeling of the Creekside Building that may be necessary for the Project and thereafter during
the use of the Creekside Building. In addition, there will be tax revenue generated by the
Project including property taxes, sales taxes and income taxes. These tax revenues will be
available to the appropriate public entities for expenditure for public purposes and those
expenditures will provide further economic opportunities; and
WHEREAS, the portion of the Property proposed in the Agreement to be transferred to
Colony Creekside, LLC will be sold for the sum of Two Million Two Hundred Thousand 0/100
dollars ($2,200,000); and
WHEREAS, the consideration proposed for the Property is not less than the fair market
value at its highest and best use.
NOW, THEREFORE BE IT RESOLVED, by the Successor Agency of the
Community Redevelopment Agency of Atascadero:
SECTION 1: The Successor Agency finds and declares the foregoing recitals are true
and correct.
SECTION 2. Negative Declaration, Environmental Document No. 2017-0271 was
prepared and certified in accordance with the California Environmental Quality Act (CEQA).
SECTION 3: The Successor Agency hereby approves the Agreement in the form
submitted to the Successor Agency at its meeting on January 9, 2018 and authorizes and directs
the City Manager to execute the Agreement in substantially said form with non-substantive
changes to the Agreement as authorized by the City Manager in consultation with the City
Attorney.
SECTION 4: The City Manager is hereby authorized and directed to take all appropriate
actions and execute all documents which she may deem necessary or advisable in order to
effectuate the purposes of this Resolution.
PASSED AND ADOPTED at a regular meeting of the Successor Agency Board held on
the _____ day of ________________, 2018.
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ATTACHMENT:
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On motion by ______________ and seconded by _________________, the foregoing
Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
SUCCESSOR AGENCY TO THE COMMUNITY
REDEVELOPMENT AGENCY OF ATASCADERO
___________
Tom O’Malley, Mayor
ATTEST:
___________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
___________
Brian A. Pierik, City Attorney
Page 24 of 117
ITEM NUMBER: SA B-1
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ATTACHMENT:
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PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (“Agreement”) is between the
ATASCADERO SUCCESSOR AGENCY, the Successor Agency to the Community
Redevelopment Agency of Atascadero, (“Seller”) and COLONY CREEKSIDE, LLC, a
California limited liability company (“Buyer”). Seller and Buyer are sometimes referred to
individually as a “party,” and collectively as the “parties.” This Agreement shall be
effective as of the date the Agreement is approved by the Oversight Board as defined in
Section 3.1.5 of this Agreement.
RECITALS
A. Seller owns a parcel of land located at 6907 El Camino Real, Atascadero,
California 93422, consisting of approximately 2.41 gross acres (2.166 net acres).
B. Seller desires to sell to Buyer to develop a portion of that parcel of land
located at 6907 El Camino Real, Atascadero, California 93422, consisting of
approximately 1.83± acres, which shall be referred to herein as the Creekside Property.
Attached hereto as Exhibit 1 is a Grant Deed for the Creekside Property, which includes a
legal description and sketch of the Creekside Property.
C. Seller also desires to grant to the City of Atascadero (“City“) a portion of
that parcel of land located at 6907 El Camino Real, Atascadero, California 93422, of
approximately 5,833.7± square feet which shall be referred to herein as the Transit-Center
Parcel. Attached hereto as Exhibit 2 is a Grant Deed for the Transit-Center Parcel, which
includes a legal description and sketch of the Transit-Center Parcel.
D. Seller further desires to grant to the City a portion of that parcel of land
located at 6907 El Camino Real, Atascadero, California 93422, consisting of
approximately 8,829.8± square feet which shall be referred to herein as the Creek Plaza
Parcel. Attached hereto as Exhibit 3 is a Grant Deed for the Creek Plaza Parcel, which
includes a legal description and sketch of the Creek Plaza Parcel.
E. The Creekside Property is improved with a vacant building commonly
referred to as the Creekside Building (“Existing Building”).
F. Buyer desires to purchase the Creekside Property, and develop and
remodel the Existing Building on the Property.
G. Seller desires to sell the Creekside Property to Buyer burdened with Use
Restrictions (as defined below).
H. Seller and Buyer therefore desire to enter into this Agreement to provide
only for the sale of the Creekside Property by Seller to Buyer with the intent that Buyer
develop and remodel the Existing Building on the Creekside Property for use as
professional office, retail, restaurant space or other reasonably compatible uses approved
in writing by the City, in its sole discretion (“Proposed Uses”). The sale of the Creekside
Property for the Proposed Uses shall be referred to herein as the “Project” and the post-
sale development of the Creekside Property shall be referred to herein as the
“Development Project”.
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AGREEMENT
NOW, THEREFORE, Seller and Buyer agree as follows
ARTICLE 1: SALE OF PROPERTY; AS-IS CONDITION
1.1 Sale of Property. Subject to the terms and conditions of this Agreement and
Seller’s compliance with Section 3.1.4, Seller agrees to sell and convey to Buyer,
and Buyer agrees to purchase from Seller, Seller’s fee simple interests free of any
liens or encumbrances except the Use Restrictions specifically reserved herein, in
the Creekside Property, including the Existing Building together with any other
improvements located on the Creekside Property.
1.2 AS-IS CONDITION. BUYER SPECIFICALLY ACKNOWLEDGES AND AGREES
THAT SELLER IS SELLING AND BUYER IS PURCHASING THE CREEKSIDE
PROPERTY, INCLUDING THE EXISTING BUILDING, ON AN “AS-IS WITH ALL
FAULTS” BASIS, CONDITION AND STATE OF REPAIR INCLUSIVE OF ANY
AND ALL FAULTS AND DEFECTS, LEGAL, PHYSICAL, OR ECONOMIC,
WHETHER KNOWN OR UNKNOWN, AS MAY EXIST AS OF THE CLOSING
DATE (AS DEFINED BELOW) (“AS-IS CONDITION”) AND THAT, EXCEPT AS
OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, BUYER IS NOT
RELYING ON ANY REPRESENTATIONS OR WARRANTIES FROM SELLER OR
ANY OF SELLER’S ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES,
REPRESENTATIVES OR ATTORNEYS AS TO ANY MATTERS CO NCERNING
THE CREEKSIDE PROPERTY.
ARTICLE 2: PURCHASE PRICE; DEPOSIT; LIQUIDATED DAMAGES; REMEDIES
2.1 Purchase Price for Property. The purchase price (“Purchase Price”) for the
Property is TWO MILLION TWO HUNDRED THOUSAND 0/100 DOLLARS
($2,200,000.00), which must be paid as follows:
2.1.1 Deposit. Buyer must pay a deposit of TWENTY-TWO THOUSAND 0/100
DOLLARS ($22,000.00) (“Deposit”) which must be delivered to Escrow
Company (as defined below) within three (3) business days after the
Effective Date. The Deposit will be invested in one or more interest-
bearing accounts, and will be fully applicable to the Purchase Price at
Closing (as defined below). The Deposit will remain refundable to Buyer
during the Due Diligence/Feasibility Period (as defined below), after which
time the Deposit will become non-refundable and will be retained by Seller
as Liquidated Damages (as defined below) if Escrow (as defined below)
fails to close for any reason other than a default by Seller under this
Agreement.
2.1.2 Funds Due at Closing. Immediately prior to Closing, Buyer must deliver to
Escrow Company the Purchase Price in cash or other immediately
available funds, less the amount of the Deposit previously deposited and
any interest earned thereon, which must be paid to Seller at Closing if the
purchase and sale transaction contemplated under this Agreement is
consummated. If the Closing does not occur, then the Purchase Price and
any interest earned on the Deposit will be immediately returned to Buyer,
except to the extent Seller is entitled to retain the Deposit as Liquidated
Damages in accordance with Section 2.1.3 below.
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2.1.3 LIQUIDATED DAMAGES. IF AFTER THE DUE DILIGENCE/FEASIBILITY
PERIOD THE PURCHASE AND SALE TRANSACTION CONTEMPLATED
UNDER THIS AGREEMENT IS NOT CONSUMMATED FOR ANY
REASON OTHER THAN A MATERIAL DEFAULT BY SELLER
HEREUNDER, THEN SELLER MAY RETAIN THE DEPOSIT AS
LIQUIDATED DAMAGES (“LIQUIDATED DAMAGES”). THE PARTIES
HAVE AGREED THAT SELLER’S ACTUAL DAMAGES IN THE EVENT
OF A FAILURE TO CONSUMMATE THE PURCHASE AND SALE
TRANSACTION CONTEMPLATED UNDER THIS AGREEMENT FOR
ANY REASON OTHER THAN AS SET FORTH ABOVE WOULD BE
EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE.
AFTER NEGOTIATION, THE PARTIES HAVE AGREED THAT,
CONSIDERING ALL THE CIRCUMSTANCES EXISTING ON THE DATE
OF AGREEMENT, THE AMOUNT OF THE DEPOSITS IS A
REASONABLE ESTIMATE OF THE DAMAGES THAT SELLER WOULD
INCUR IN SUCH EVENT, INCLUDING LOST OPPORTUNITIES TO
PURSUE OTHER DEVELOPMENT OPPORTUNITIES FOR THE
PROPERTY AND DELAYED RECEIPT OF PROPERTY TAX REVENUE
FROM THE PROPERTY, AND IS NOT A PENALTY. BY PLACING THEIR
INITIALS BELOW, EACH PARTY SPECIFICALLY CONFIRMS THE
ACCURACY OF THE STATEMENTS MADE ABOVE AND THE FACT
THAT EACH PARTY WAS REPRESENTED BY COUNSEL WHO
EXPLAINED, AT THE TIME THIS AGREEMENT WAS MADE, THE
CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION. THE
FOREGOING IS NOT INTENDED TO LIMIT THE PARTIES’ INDEMNITY
OBLIGATIONS UNDER THIS AGREEMENT.
INITIALS: SELLER ________ BUYER: ______
2.1.4 Buyer’s Remedies. Buyer shall not be entitled to recover damages from
Seller for breach of the Agreement and Buyer expressly waives such
damages. The only remedy of Buyer, if any, for breach of the Agreement
by Seller will be an action for specific performance.
ARTICLE 3: CONDITIONS PRECEDENT TO CONVEYANCE OF TITLE; CEQA
COMPLIANCE; DUE DILIGENCE; ACCESS TO PROPERTY; LOAN
CONTINGENCY
3.1 Seller Conditions Precedent. The obligation of Seller to sell the Creekside
Property to Buyer is expressly conditioned upon the satisfaction prior to Closing of
each of the conditions set forth in this Section 3.1, each of which is for the benefit
of the Seller and any or all of which may be waived by Seller, in writing, at Seller’s
option. After the Closing Date, any such condition that has not been satisfied will
be treated as having been waived by Seller in writing.
3.1.1 Representations and Warranties. On the Closing Date, all representations
and warranties made by Buyer in Article 5 of this Agreement are true and
correct as if made on and as of the Closing Date, without exceptions.
3.1.2 No Default. On the Closing Date, Seller is not in default in the performance
of any covenant or agreement to be performed by Seller under this
Agreement.
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3.1.3 Condition of Property. Buyer must have provided Notice (as defined
below) to Seller that all physical aspects of the Creekside Property are
acceptable to Buyer.
3.1.4 CEQA Compliance.
3.1.4.1 The California Environmental Quality Act (“CEQA”) environmental
process has been completed and the appropriate CEQA document
has been approved with respect to the Project (but not the
Development Project).
3.1.4.2 Subject to Buyer’s right to terminate this Agreement should the
modified Project impact Buyer’s Proposed Uses of the Creekside
Property, Seller retains the absolute, sole discretion to: (i) modify
the transaction and the Project as it may, in Seller’s sole discretion,
be necessary to comply with CEQA; (ii) select other feasible
alternatives and/or impose mitigation measures to avoid or
minimize significant environmental impacts; (iii) balance the benefits
of the Project against any significant environmental impacts prior to
taking final action, if such significant impacts cannot otherwise be
avoided; and/or (iv) determine not to proceed with the Project.
3.1.4.3 Seller will be responsible for compliance with CEQA, including the
preparation of the appropriate environment document with respect
to the Project; provided, however, that nothing in this Agreement
will be construed to compel Seller to approve or make any particular
findings with respect to such environmental documentation.
3.1.5 Oversight Board Approval. This Agreement and the sale of the Creekside
Property to Buyer and the transfer to the City of the Transit-Center Parcel
and the Creek Plaza Parcel will be presented for approval to Oversight
Board to the Successor Agency (“Oversight Board”). Oversight Board
approval of this Agreement is a condition precedent to the closing of
escrow.
3.2 Buyer Conditions Precedent. The obligation of Buyer to purchase the Creekside
Property from Seller is expressly conditioned upon the satisfaction prior to Closing
of each of the conditions set forth in this Section 3.2, each of which is for the
benefit of Buyer and any or all of which may be waived by Buyer, in writing, at
Buyer’s option. After the Closing Date, any such condition that has not been
satisfied will be treated as having been waived in writing.
3.2.1 Approval of Title. Buyer must have reviewed and approved title to the
Creekside Property as set forth in this Agreement, and the only exceptions
to title to the Creekside Property will be the Buyer Condition of Title (as
defined below).
3.2.2 No Default. On the Closing Date, Seller is not in default in the performance
of any covenant or agreement to be performed by Seller under this
Agreement.
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3.2.3 Representations and Warranties. On the Closing Date, all representations
and warranties made by Seller in Articles 5 of this Agreement are true and
correct as if made on and as of the Closing Date, without exceptions.
3.2.4 Condition of Property. The physical condition of the Property will be
substantially the same on the Closing Date as on the Effective Date,
reasonable wear and tear excepted, and, as of the Closing Date, there is
no litigation or administrative agency or other governmental proceeding of
any kind whatsoever, pending or threatened, which after Closing, would
adversely affect the value of the Property or the ability of Buyer to use the
Creekside Property for its intended purposes.
3.2.5 Title Policy. On the Closing Date, the Title Company will issue to Buyer a
California Land Title Association owner’s policy of title insurance (“CLTA
Title Policy”) or, subject to Section 4.3.2, an American Land Title
Association policy of insurance (“ALTA Title Policy”).
3.3 Buyer Condition of Title.
3.3.1 Within three days after the opening of Escrow, if it has not already done so,
Seller will deliver to Buyer a standard Preliminary Title Report for the
Creekside Property.
3.3.2 Within 14 days after the opening of Escrow, Buyer must give Notice to
Seller of Buyer’s approval or disapproval of any of the title exceptions in the
Preliminary Title Report. Buyer’s failure to give written disapproval of the
exceptions within such time period will be deemed Buyer’s approval of the
exceptions.
3.3.3 If Buyer delivers to Seller Notice of disapproval of any exceptions, Seller
will have the right, but not the obligation, to cause any disapproved
exceptions to be removed within 14 days after receiving such Notice of
disapproval, or provide assurances satisfactory to Buyer, in its sole
discretion, that such exceptions will be removed on or before the Closing.
Failure to notify Buyer within such 14-day period will be deemed Seller’s
election not to remove the disapproved exceptions. Seller’s election or
deemed election not to remove any disapproved exceptions will not be a
default under this Agreement.
3.3.4 If Seller cannot or does not elect to remove any of the disapproved
exceptions within such 14-day period, Buyer must within seven days
thereafter either give Seller Notice that Buyer elects, in its sole discretion,
to proceed with the Closing, subject to the disapproved exceptions, or to
give Seller Notice that Buyer elects to terminate this Agreement, in which
case, notwithstanding any other provision of this Agreement to the
contrary, the Deposit and any interest earned thereon will be returned to
Buyer and neither party will have any further rights or obligations under this
Agreement other than those obligations which survive termination of this
Agreement. The exceptions to title approved by Buyer as provided in this
Section 3.3.4 are referred to as the “Buyer Condition of Title.”
3.4 Seller’s Delivery of Documents. Within three days after the opening of Escrow,
Seller will deliver copies of all documents pertaining to the condition of the
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Property in Seller’s possession including, but not limited to any surveys,
environmental reports, maintenance and service agreements, permits, warranties,
and communications from governmental entities. Seller further agrees to disclose
to Buyer any and all information which it has regarding present or pending zoning
and environmental matters affecting the Property, and regarding the condition of
the Property including, but not limited to structural, mechanical and soils
conditions, the presence and location of asbestos, PCB transformers, other toxic,
hazardous or contaminated substances, and underground storage tanks in, on or
about the Property.
3.5 Due Diligence/Feasibility. Buyer’s obligation to purchase the Creekside Property
will be expressly conditioned on its approval of the condition of the Creekside
Property for its Proposed Uses , including the physical, financial, and
environmental condition of the Creekside Property (“Due Diligence”). Buyer will
have a period of 60 days from the opening of Escrow to conduct such
investigations as Buyer may choose to determine whether this due diligence
contingency is met (“Due Diligence/Feasibility Period”). Buyer will have the right to
terminate the Agreement prior to the expiration of the Due Diligence/Feasibility
Period. Upon such termination, the Deposit will be returned by Escrow to Buyer.
Unless extended by Seller in writing, Buyer’s failure to terminate the Agreement
within the Due Diligence/Feasibility Period will be deemed Buyer’s approval of the
condition of the Property.
3.6 Access to Property. As part of its Due Diligence/Feasibility Period, Buyer and its
agents, invitees and licensees may investigate all economic, financial,
development, and accounting matters relating to or affecting the Creekside
Property or its value, and conduct inspections, tests, and studies with respect to
the Proposed Uses , physical and environmental condition of the Property. Buyer
and Buyer’s consultants, agents, engineers, inspectors, contractors, and
employees (“Buyer’s Representatives”) must be given reasonable access to the
Property during regular business hours for the purpose of performing such Due
Diligence. Buyer will provide Seller with at least 24 hours written notice (by both
email and telephone call (with notice allowed by message) to Rachelle Rickard at
805-470-3400 and rrickard@atascadero.org) prior to accessing the Creekside
Property. Prior to accessing the Creekside Property, Buyer will cause to be
personally delivered to Rachelle Rickard at Atascadero City Hall, 6500 Palma
Avenue, Atascadero, an executed Waiver and Release for all persons who enter
the Creekside Property in a form acceptable to Seller. Buyer will undertake the
Due Diligence at its sole cost and expense. Buyer will indemnify, defend with
counsel reasonably acceptable to Seller, and hold Seller harmless from all claims
(including claims of lien for work or labor performed or materials or supplies
furnished), demands, liabilities, losses, damages, costs, fees, and expenses,
including Seller’s reasonable attorney fees, costs, and expenses, arising from the
acts or activities of Buyer or Buyer’s Representatives in, on, or about the
Creekside Property during or arising in connection with Buyer’s inspections of the
Property, provided, however, Buyer will have no obligation to indemnify Seller for
any claim, demand, liability, loss, damage, cost, fee, or expenses arising from
Seller’s concurrent acts or omissions any pre-existing condition upon the
Property.
3.7 Loan Contingency. Buyer’s obligation to purchase the Creekside Property is
contingent upon Buyer obtaining a commitment from a financial institution or
lender for the amount of the Purchase Price less the amount of the Deposit prior to
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the expiration of the Due Diligence/Feasibility Period (“Loan Contingency”). Buyer
will have the right to terminate the Agreement prior to the expiration of the Loan
Contingency period if Buyer is unable to obtain such a loan commitment. Upon
such termination, the Deposit will be returned by Escrow to Buyer. Unless Seller
extends Loan Contingency period in writing, Buyer’s failure to terminate the
Agreement within the Due Diligence/Feasibility Period will be deemed Buyer’s
ability to obtain a loan commitment for the purchase of the Property.
3.8 Oversight Board Approval. Escrow shall not close unless and until this
Agreement is approved by the Oversight Board.
ARTICLE 4: ESCROW AND CLOSING
4.1 Opening of Escrow.
4.1.1 Opening of Escrow. Within three business days after the Effective Date,
Seller and Buyer will open escrow (“Escrow”) with First American Title Kathy
Benabides, 7355 Morro Road, Suite 102, Atascadero, CA 93422 (“Escrow
Company”). A copy of this Agreement, duly executed by both parties, will
be deposited into Escrow.
4.1.2 Joint Escrow Instructions. This Agreement constitutes the joint escrow
instructions of Buyer and Seller with respect to the conveyance of the
Property, and the Escrow Company to whom these instructions are
delivered is hereby empowered to act under this Agreement. The parties
may provide supplemental escrow instructions; provided that if there is any
inconsistency between this Agreement and the supplemental escrow
instructions, then the provisions of this Agreement will control.
4.1.3 Additional Documents. Seller and Buyer will each deposit such other
instruments as are reasonably required by the Escrow Company or
otherwise required to close the escrow and consummate the purchase of
the Property in accordance with this Agreement.
4.2 Close of Escrow.
4.2.1 Closing Date. Escrow for the purchase and sale of the Creekside Property
will close no later than 60 days after expiration of the Due
Diligence/Feasibility Period (“Closing Date”). Unless extended by the
parties in writing, if Escrow does not close on or before the Closing Date
due to fault of Buyer, then this Agreement will automatically terminate and
the Deposit will be retained by Seller as Liquidated Damages in
accordance with Section 2.1.3.
4.2.2 Delivery of Documents and Closing Funds. Prior to or on the Closing Date,
the following must be deposited into Escrow with the Escrow Company:
4.2.2.1 Buyer. Buyer must deposit into Escrow cash in the amount of the
Purchase Price, together with any additional funds necessary for
Buyer’s share of the closing costs and prorations, as set forth in
Section 4.3 below. Buyer must also deposit all instruments
reasonably required to close the Escrow and consummate the
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purchase of the Creekside Property in accordance with the terms of
this Agreement.
4.2.2.2 Seller. Seller must deposit into Escrow a Grant Deed to Buyer for
the Creekside Property substantially in the form attached as Exhibit
“1” (“Grant Deed to Buyer”), together with a Grant Deed to City for
the Transit-Center Parcel in the form attached as Exhibit “2”
(“Transit–Center Grant Deed”) and a Grant Deed to City for the
Creek Plaza Parcel in the form attached as Exhibit “3” (“Creek
Plaza Grant Deed”) (collectively, “Grant Deeds”), duly executed
and acknowledged by Seller, together with a Declaration of
Restrictive Covenants attached hereto as Exhibit “4” prohibiting the
Restricted Uses listed in Section 7.1 of the Agreement
(“Declaration”) on the Creekside Property to be recorded at Closing.
Seller must also deposit all instruments reasonably required to
close the Escrow and consummate the purchase of the Creekside
Property and the transfer to the City of the Transit-Center Parcel
and Creek Plaza Parcel in accordance with the terms of this
Agreement.
4.2.3 Closing. When all conditions precedent specified in Article 3 have been
either satisfied or waived by Seller or Buyer, and the Escrow Company has
received all necessary cash and documents, the Escrow Company will
immediately cause the following to occur:
4.2.3.1 Record Deeds. Record the Grant Deed to Buyer and the
Restrictive Covenant in the Official Records of San Luis Obispo
County. For purposes of this Agreement, “Closing” means the time
and day the Grant Deeds and Declaration are recorded.
4.2.3.2 Pay Purchase Price. Pay to Seller the Purchase Price.
4.2.3.3 Issue Title Policy. Issue to Buyer the CLTA Title Policy or ALTA
Title Policy described in Section 3.2.5.
4.3 Closing Costs, Prorations and Possession.
4.3.1 Closing Costs. Escrow fees and charges will be shared equally by Seller
and Buyer. Notwithstanding, Buyer will be responsible for the payment of
any and all brokerage fees and commissions associated with the purchase
of the Creekside Property by Buyer under this Agreement, including any
fees and commissions due to Buyer’s broker, Richard K. Shannon of
Century 21 Hometown Realty, as set forth in Section 5.6 of this Agreement.
4.3.2 Title Policy. Seller will pay the cost of the CLTA Title Policy. If Buyer
wishes to obtain an ALTA Title Policy, then Buyer will be responsible for
paying the cost difference between the CLTA Title Policy and the ALTA
Title Policy.
4.3.3 Recording and Transfer Fees. Buyer will pay any and all recording fees,
including the cost of recording the Grant Deed for the Creekside Property.
Buyer shall not be responsible to pay any documentary transfer tax and
any municipal transfer tax for the Grant Deeds to the City for the Transit-
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Parcel and the Creek Plaza Parcel and the cost of recording the
Declaration.
4.3.4 Attorney’s Fees. Buyer and Seller will each pay its own attorney’s fees in
connection with negotiating this Agreement and closing the contemplated
transaction.
4.3.5 Prorations. All current taxes, assessments, utilities, maintenance charges
and similar expenses of the Creekside Property, determined using the
accrual method of accounting, will be prorated on the basis of a 30-day
month between Seller and Buyer as of the Closing Date. Seller will pay all
such taxes, assessments, and other expenses relating to the Creekside
Property that are allocable to the period before the Closing Date.
4.3.6 Possession. Seller will transfer possession of the Creekside Property to
Buyer on the Closing Date.
ARTICLE 5: REPRESENTATIONS AND WARRANTIES
5.1 Authority.
5.1.1 Seller’s Authority. Seller is an agency created under the laws of the State
of California. Seller has full power and authority to enter into this
Agreement and to perform this Agreement. The execution, delivery and
performance of this Agreement by Seller have been duly authorized by all
necessary action on the part of Seller and all required consents and
approvals have been duly obtained.
5.1.2 Buyer’s Authority. Buyer has full power and authority to enter into this
Agreement and to perform this Agreement. The execution, delivery and
performance of this Agreement by Buyer has been duly authorized by all
necessary action on the part of Buyer and all required consents and
approvals have been duly obtained.
5.2 No Litigation or Other Proceeding. To Seller’s current actual knowledge, no
litigation or other proceeding (whether administrative or otherwise) is outstanding
or has been threatened which would prevent, hinder or delay the ability of Seller to
perform its obligations under this Agreement, or that would adversely affect the
Creekside Property or Project.
5.3 Eminent Domain. To Seller’s actual current knowledge there are no condemnation
or eminent domain proceedings which are pending or have been threatened that
affect the Creekside Property or Project.
5.4 Environmental Compliance. Seller has no notice of any pending or threatened
action or proceeding arising out of the condition of the Creekside Property, the
Transit Center Parcel or Creekside Plaza Parcel or any alleged violation of any
Environmental Law (as defined below). To Seller’s actual current knowledge, the
Creekside Property is in compliance with all Environmental Laws. As used in this
Agreement, “Environmental Laws” means, collectively: (i) the Comprehensive
Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C.
§ 9601, et seq., (ii) the Hazardous Materials Transportation Act, as amended, 49
U.S.C. § 1801, et seq., (iii) the Resource Conservation and Recovery Act, as
Page 33 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
2
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amended, 42 U.S.C. § 6901, et seq., (iv) the Federal Water Pollution Control Act,
as amended, 33 U.S.C. § 1251, et seq., (v) the Clean Air Act, as amended, 42
U.S.C. § 7401, et seq., (vi) the Toxic Substances Control Act, as amended, 15
U.S.C. § 2601, et seq., (vii) the Clean Water Act, as amended, 33 U.S. Code
§ 1251, et seq., (viii) the Oil Pollution Act, as amended, 33 U.S.C. § 2701, et seq.,
(ix) California Health & Safety Code § 25100, et seq. (Hazardous Waste Control),
(x) the Hazardous Substance Account Act, as amended, Health & Safety Code
§ 25300, et seq., (xi) the Unified Hazardous Waste and Hazardous Materials
Management Regulatory Program, as amended, Health & Safety Code § 25404, et
seq., (xii) Health & Safety Code § 25531, et seq. (Hazardous Materials
Management), (xiii) the California Safe Drinking Water and Toxic Enforcement Act,
as amended, Health & Safety Code § 25249.5, et seq., (xiv) Health & Safety Code
§ 25280, et seq. (Underground Storage of Hazardous Substances), (xv) the
California Hazardous Waste Management Act, as amended, Health & Safety Code
§ 25170.1, et seq., (xvi) Health & Safety Code § 25501, et seq. (Hazardous
Materials Response Plans and Inventory), (xvii) Health & Safety Code § 18901, et
seq. (California Building Standards), (xviii) the Porter-Cologne Water Quality
Control Act, as amended, California Water Code § 13000, et seq., (xix) California
Fish and Game Code §§ 5650-5656 and (xx) any other federal, state or local laws,
ordinances, rules, regulations, court orders or common law related in any way to
the protection of the environment, health or safety.
5.5 No Buyer Bankruptcy. Buyer is not the subject of any bankruptcy proceeding, and
no general assignment or general arrangement for the benefit of creditors or the
appointment of a trustee or receiver to take possession of all or substantially all of
Buyer’s assets has been made.
5.6 Brokers and Commissions. Seller represents that it has not dealt with any
investment adviser, real estate broker or finder, or incurred any liability for any
commission or fee to any investment adviser, real estate broker or finder, in
connection with the sale of the Property to Buyer under this Agreement. Buyer
represents that is has not dealt with any investment adviser, real estate broker or
finder, or incurred any liability for any commission or fee to any investment adviser,
real estate broker or finder, in connection with the purchase of the Property by
Buyer under this Agreement other than Buyer having engaged Richard K.
Shannon, Century 21 Hometown Realty, as a broker for Buyer in this transaction
who shall be paid a brokerage fee by Buyer pursuant to a separate agreement
between Buyer and the broker. Each party will indemnify, defend, protect and hold
the other party harmless from any and all claims based upon any assertion that
such commissions or fees are allegedly due from the party making such
representations.
5.7 Tax Matters. Seller is not a “foreign person” as defined in Section 1445 of the
Internal Revenue Code of 1986, as amended, and the Income Tax Regulations
thereunder, which require the withholding of tax on the sale of real estate by a
foreign person, subject to certain exemptions. No California withholding of tax or
reporting pursuant to California Revenue and Taxation Code Sections 18661,
18662 and 18668 will be required with respect to the sale of the Property by Seller,
which requires the withholding of taxes in connection with the sale of California
real property, subject to certain exceptions.
Page 34 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
2
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ARTICLE 6: PRE-CLOSING COVENANTS
6.1 Operation of Property. Between the Effective Date and the Closing Date, Seller
will not execute any lease or license affecting the Creekside Property for a period
of more than 30 days, without the prior approval of Buyer, which approval may be
withheld in the sole discretion of Buyer.
6.2 Assignment. Buyer shall not assign all or any part of Buyer’s interest in this
Agreement without first having obtained the written consent of Seller which shall
not be unreasonably withheld. Any total or partial assignment shall not relive Buyer
of Buyer’s obligation pursuant to this Agreement unless otherwise agreed in writing
by Seller.
6.3 Personal Injury and Property Damage Prior to Closing. Seller agrees to indemnify
and defend Buyer against and hold Buyer harmless from all claims, demands,
liabilities, losses, damages, costs and expenses, including reasonable attorneys’
fees and disbursements, arising from or based on any condition, event or
circumstance relating to the Creekside Property that existed or occurred before the
Closing Date, or any personal injury or property damage occurring in, on or about
the Creekside Property before the Closing Date.
6.4 Government Code §52201. Prior to Closing, Seller will comply with all the
requirements of Government Code §52201 regarding the sale of the Creekside
Property to Buyer.
6.5 § 1031 Exchange. If Buyer so desires, Buyer shall be entitled to acquire the
Property through a §1031 Exchange; provided, however, that there is no cost
associated with the §1031 Exchange to Seller.
ARTICLE 7: POST-CLOSING COVENANTS
7.1 Restriction on Use of Property after Closing.
Restriction on Use of Property. Buyer agrees that the Property, including the
Existing Building or any newly constructed building, must be used only for the
Proposed Uses. . The following uses will be prohibited by the Declaration which
shall run with the land against the Creekside Property, substantially in the form
attached hereto as Exhibit “4”, which Declaration prohibits (by sale, lease, sub-
lease or other ) the following: (a) Health care services; (b) Daycare facilities; (c)
Residential care; (d) Housing (first floor); (e) Transit stations; (f) Utility facilit ies; (g)
Utility infrastructure; (h) Pre-schools or related facilities; (i) Tattoo businesses; (j)
Massage businesses; (k) Social services (with clients); and (l) Any business
related to marijuana or marijuana byproducts including, but not limited to
cultivation, sale, testing or any other business related to marijuana (“Use
Restrictions”). Notwithstanding the foregoing, the following uses will be permitted
as a Conditional Use Permit (CUP): (a) Personal services; (b) Schools or related
facilities; (c) Social Services (staffing only); (d) Non-profits; and (e) Assembly uses.
7.2 Costs of Development of Project. All costs of developing the proposed
Development Project will be borne solely by Buyer.
7.3 City Permit Fees and Charges. Unless otherwise agreed in the Agreement, Buyer
will pay all standard City permit processing, development fees, and utility
Page 35 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
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connection fees as required, including all time and materials costs incurred by City
related to permit processing, design, and construction of the Development Project.
Buyer will be responsible for determining and verifying to its satisfaction all
applicable City fees and charges pertaining to the Development Project, as well as
those of other agencies having jurisdiction over the Development Project.
7.4 Buyer’s Indemnification Regarding Project. Buyer agrees to protect, defend, and
indemnify Seller from and against any and all claims, liabilities and demands
(including attorney’s fees and costs) arising directly or indirectly out of the
construction, use and/or operation of the Development Project on the Creekside
Property after the Closing Date. Insurance limits will not operate to limit Buyer’s
indemnification obligations under this Section and such obligations will survive the
expiration or termination of the Agreement in its entirety.
ARTICLE 8: GENERAL PROVISIONS
8.1 Binding on Successors. The terms, covenants, and conditions of this Agreement
are binding upon and will inure to the benefit of the successors and assigns of the
parties.
8.2 Entire Agreement. This Agreement contains all of the covenants, conditions, and
agreements between the parties with respect to the purchase, sale and
development of the Creekside Property, and supersedes all prior correspondence,
agreements, and understandings, both verbal and written, between the parties with
respect to the subject matter of this Agreement. No addition or modification of any
term or provision of this Agreement will be effective unless set forth in writing and
signed by both Seller and Buyer.
8.3 Attorneys’ Fees. If either party to this Agreement institutes legal action to interpret
or enforce the terms of this Agreement, or to obtain money damages, the
prevailing party will be entitled to recover from the other, in addition to costs and
judgment as awarded by the court, its attorneys’ fees and disbursements incurred
by such prevailing party in such action or proceeding and in any appeal in
connection with such action or proceeding. If such prevailing party recovers a
judgment in any such action, proceeding or appeal, all such costs, expenses and
attorneys’ fees and disbursements incurred will be included in and as a part of
such judgment. The prevailing party includes without limitation a party who
dismisses an action or proceeding for recovery hereunder in exchange for
consideration substantially equal to the relief sought in the action or proceeding.
8.4 Notices. All notices (“Notice”) or other communications required or permitted
under this Agreement must be in writing and must be delivered either by hand
(including by courier or reputable overnight delivery service) or deposited in the
United States Mail, registered or certified mail, postage prepaid, and addressed as
follows:
To Seller: Atascadero Successor Agency
Attn: Rachelle Rickard, City Manager
6500 Palma Avenue
Atascadero, CA 93442
Email: rrickard@atascadero.org
To Buyer: Clint Pearce
Page 36 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
2
13
LA #4844-0348-0406 v1
Colony Creekside , LLC
284 Higuera
San Luis Obispo, CA 93401
Email: clint@madonnaenterprises.com
Notices which are delivered by hand or overnight delivery will be deemed received
upon delivery; notices which are deposited in the United States Mail in accordance
with the terms of this Section will be deemed received three days after the date of
mailing. The foregoing addresses may be changed by notice to the other party as
provided in this section.
8.5 Governing Law; Venue. This Agreement is be governed by the laws of the State
of California. In any suit, action, or proceeding arising out of or related to this
Agreement, or the documentation related hereto, the parties hereby submit to the
jurisdiction and venue of the Superior Court in and for the County of San Luis
Obispo.
8.6 Time. Time is of essence of every provision herein contained in this Agreement.
8.7 Counterparts. This Agreement may be executed in counterparts, each of which
will be an original, but all counterparts will constitute one agreement.
8.8 Exhibits. All attached exhibits are incorporated by reference and made a part of
this Agreement.
8.9 Interpretation. Seller and Buyer acknowledge that each party has reviewed and
revised this Agreement and that the rule of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in
the interpretation of this Agreement or any document executed and delivered by
either party in connection with the transactions contemplated by this Agreement.
All parties have been represented by counsel in the preparation and negotiation of
this Agreement, and this Agreement will be construed according to the fair
meaning of its language.
8.10 Further Assurances. From and after the date of this Agreement, Seller and Buyer
agree to do such things, perform such acts, and make, execute, acknowledge and
deliver such documents as may be reasonably necessary or proper and usual to
complete the transactions contemplated by this Agreement and to carry out the
purpose of this Agreement in accordance with this Agreement.
8.11 Partial Invalidity. If any provision of this Agreement is determined by a proper
court to be invalid, illegal or unenforceable, such invalidity, illegality or
unenforceability will not affect the other provisions of this Agreement and this
Agreement will remain in full force and effect without such invalid, illegal or
unenforceable provision.
8.12 Waivers. No waiver of any provision of this Agreement or any breach of this
Agreement will be effective unless such waiver is in writing and signed by the
waiving party and any such waiver will not be deemed a waiver of any other
provision of this Agreement or any other or subsequent breach of this Agreement.
[Signatures on the following page.]
Page 37 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
2
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LA #4844-0348-0406 v1
THE UNDERSIGNED AUTHORIZED REPRESENTATIVES OF THE PARTIES have
executed this Agreement effective as of the date first written above.
BUYER:
Colony Creekside, LLC
a California limited liability company
By:__________________________
Clint Pearce, Manager
By:___________________________
William Frost, Manager
SELLER:
ATASCADERO SUCCESSOR AGENCY
By:
Tom O’Malley, Mayor
ATTEST:
By:
Lara Christensen, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By:
Brian A. Pierik, City Attorney
and Legal Counsel to Successor Agency
Page 38 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
2
LA #4823-6344-1242 v1
1
Exhibit 1 to Purchase and Sale Agreement
Form of Grant Deed to Buyer
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Atascadero Successor Agency
Attn: Rachelle Rickard, City Manager
6500 Palma Avenue
Atascadero, CA 93442
No Recording Fee: Govt. Code § 27383
(Space above this line for Recorder’s use)
GRANT DEED
For valuable consideration, the receipt of which is acknowledged:
The ATASCADERO SUCCESSOR AGENCY, the Successor Agency to the
Community Redevelopment Agency of Atascadero (“Grantor”) hereby grants to Colony
Creekside, LLC, a California limited liability company (“Grantee”), the real property
legally described as Parcel 2 in Exhibit A (“Property”) and depicted as Parcel 2 on
Exhibit B which are attached hereto and made a part hereof.
The Property is conveyed subject to the Purchase and Sale Agreement
(“Agreement”) entered into by the Grantor and the Grantee approved by the Grantor on
January 10, 2018, and the Declaration of Restrictive Covenants (“Declaration of
Restrictive Covenants”) recorded concurrently herewith.
In the event of any express conflict between this Grant Deed, the Agreement
and the Declaration of Restrictive Covenants, the provisions in the Declaration of
Restrictive Covenants will control.
IN WITNESS WHEREOF, the Grantor and Grantee have caused this
instrument to be executed on their behalf by their respective officers who are duly
authorized to do so on the dates specified immediately below their respective
signatures.
[Signatures on the following page.]
Page 39 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
2
LA #4823-6344-1242 v1
2
“GRANTOR”
ATASCADERO SUCCESSOR AGENCY
By:
Tom O’Malley, Mayor
[Signature must be notarized]
Dated:
ATTEST:
By:
Lara Christensen, City Clerk
Dated:
APPROVED AS TO FORM:
By:
Brian A. Pierik, City Attorney
Dated:
The provisions of this Grant Deed are hereby approved and
accepted.
Page 40 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
2
LA #4823-6344-1242 v1
3
“GRANTEE” Colony Creekside, LLC
a California limited liability company
By:__________________________
Clint Pearce, Manager
[Signature must be notarized]
By:__________________________
William Frost, Manager
[Signature must be notarized]
Dated:
Page 41 of 117
LA #4823-6344-1242 v1 4
STATE OF CALIFORNIA )
)
COUNTY OF SAN LUIS OBISPO )
On _____________________, before me, ________________________, 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 persons 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 sea.
Signature of Notary Public
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.
Page 42 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
2
LA #4823-6344-1242 v1 5
STATE OF CALIFORNIA )
)
COUNTY OF SAN LUIS OBISPO )
On _____________________, before me, ________________________, 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 persons acted, execu ted
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 sea.
Signature of Notary Public
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.
Page 43 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
2
LA #4823-6344-1242 v1 6
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Page 44 of 117
ITEM NUMBER: SA B-1DATE: 01/09/18ATTACHMENT: 2Page 45 of 117
ITEM NUMBER: SA B-1DATE: 01/09/18ATTACHMENT: 2Page 46 of 117
ITEM NUMBER: SA B-1DATE: 01/09/18ATTACHMENT: 2Page 47 of 117
ITEM NUMBER: SA B-1DATE: 01/09/18ATTACHMENT: 2Page 48 of 117
ITEM NUMBER: SA B-1DATE: 01/09/18ATTACHMENT: 2Page 49 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
2
LA #4823-6344-1242 v1 7
EXHIBIT B
SKETCH OF PROPERTY
Page 50 of 117
ITEM NUMBER: SA B-1DATE: 01/09/18ATTACHMENT: 2Page 51 of 117
ITEM NUMBER: SA B-1DATE: 01/09/18ATTACHMENT: 2Page 52 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
2
LA #4848-2942-9850 v1
1
Exhibit 2 to Purchase and Sale Agreement
Form of Transit–center Grant Deed
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Atascadero Successor Agency
Attn: Rachelle Rickard, City Manager
6500 Palma Avenue
Atascadero, CA 93442
No Recording Fee: Govt. Code § 27383
(Space above this line for Recorder’s use)
GRANT DEED
FOR VALUABLE CONSIDERATION, the receipt of which is acknowledged, the
ATASCADERO SUCCESSOR AGENCY, the Successor Agency to the Community
Redevelopment Agency of Atascadero (“Grantor”) hereby GRANTS to CITY OF
ATASCADERO, a municipal corporation (“Grantee”), the real property legally described
as Parcel 1 in Exhibit A and depicted as Parcel 1 on Exhibit B which are attached
hereto and made a part hereof .
IN WITNESS WHEREOF, the Grantor and Grantee have caused this
instrument to be executed on their behalf by their respective officers who are duly
authorized to do so on the dates specified immediately below their respective
signatures.
“GRANTOR”
ATASCADERO SUCCESSOR AGENCY
By:
Tom O’Malley, Mayor
[Signature must be notarized]
Dated:
ATTEST:
By:
Lara Christensen, City Clerk
Dated:
Page 53 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
2
LA #4848-2942-9850 v1
2
APPROVED AS TO FORM:
By:
Brian A. Pierik, City Attorney
Dated:
Page 54 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
2
LA #4848-2942-9850 v1
3
CERTIFICATE OF ACCEPTANCE
Government Code Section 27281
This is to certify that the interest in real property conve yed by the Grant Deed
dated __________ from the Successor Agency to the Community Redevelopment
Agency of Atascadero, a public entity, to the City of Atascadero, a municipal
corporation government, is hereby accepted by the undersigned officer or agent on
behalf of the City of Atascadero pursuant to authority conferred by Resolution of the
City Council of the City of Atascadero adopted on April 28, 1987, and the grantee
consents to recordation thereof by its duly authorized officer or agent.
“GRANTEE”
CITY OF ATASCADERO, a municipal
corporation
_________________________________
Rachelle Rickard, City Manager
[Signature must be notarized]
Dated: __________________________
Page 55 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
2
LA #4848-2942-9850 v1 4
STATE OF CALIFORNIA )
)
COUNTY OF SAN LUIS OBISPO )
On _____________________, before me, ________________________, 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 persons 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 sea.
Signature of Notary Public
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.
Page 56 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
2
LA #4848-2942-9850 v1 5
STATE OF CALIFORNIA )
)
COUNTY OF SAN LUIS OBISPO )
On _____________________, before me, ________________________, 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 persons 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 sea.
Signature of Notary Public
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.
Page 57 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
2
LA #4848-2942-9850 v1 6
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Page 58 of 117
ITEM NUMBER: SA B-1DATE: 01/09/18ATTACHMENT: 2Page 59 of 117
ITEM NUMBER: SA B-1DATE: 01/09/18ATTACHMENT: 2Page 60 of 117
ITEM NUMBER: SA B-1DATE: 01/09/18ATTACHMENT: 2Page 61 of 117
ITEM NUMBER: SA B-1DATE: 01/09/18ATTACHMENT: 2Page 62 of 117
ITEM NUMBER: SA B-1DATE: 01/09/18ATTACHMENT: 2Page 63 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
2
LA #4848-2942-9850 v1 7
EXHIBIT B
SKETCH OF PROPERTY
Page 64 of 117
ITEM NUMBER: SA B-1DATE: 01/09/18ATTACHMENT: 2Page 65 of 117
ITEM NUMBER: SA B-1DATE: 01/09/18ATTACHMENT: 2Page 66 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
2
LA #4823-9693-0138 v1
1
Exhibit 3 to Purchase and Sale Agreement
Form of Creek Plaza Grant Deed
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Atascadero Successor Agency
Attn: Rachelle Rickard, City Manager
6500 Palma Avenue
Atascadero, CA 93442
No Recording Fee: Govt. Code § 27383
(Space above this line for Recorder’s use)
GRANT DEED
FOR VALUABLE CONSIDERATION, the receipt of which is acknowledged, the
ATASCADERO SUCCESSOR AGENCY, the Successor Agency to the Community
Redevelopment Agency of Atascadero (“Grantor”) hereby GRANTS to CITY OF
ATASCADERO, a municipal corporation (“Grantee”), the real property legally described
as Parcel 3 in Exhibit A and depicted as Parcel 3 on Exhibit B which are attached
hereto and made a part hereof .
IN WITNESS WHEREOF, the Grantor and Grantee have caused this
instrument to be executed on their behalf by their respective officers who are duly
authorized to do so on the dates specified immediately below their respective
signatures.
“GRANTOR”
ATASCADERO SUCCESSOR AGENCY
By:
Tom O’Malley, Mayor
[Signature must be notarized]
Dated:
ATTEST:
By:
Lara Christensen, City Clerk
Dated:
Page 67 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
2
LA #4823-9693-0138 v1
2
APPROVED AS TO FORM
By:
Brian A. Pierik, City Attorney
Dated:
Page 68 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
2
LA #4823-9693-0138 v1
3
CERTIFICATE OF ACCEPTANCE
Government Code Section 27281
This is to certify that the interest in real property conveyed by the Grant Deed
dated __________ from the Successor Agency to the Community Redevelopment
Agency of Atascadero, a public entity, to the City of Atascadero, a municipal
corporation government, is hereby accepted by the undersigned officer or agent on
behalf of the City of Atascadero pursuant to authority conferred by Resolution of the
City Council of the City of Atascadero adopted on April 28, 1987, and the grantee
consents to recordation thereof by its duly authorized officer or agent.
“GRANTEE”
CITY OF ATASCADERO, a municipal
corporation
_________________________________
Rachelle Rickard, City Manager
[Signature must be notarized]
Dated: __________________________
Page 69 of 117
LA #4823-9693-0138 v1 4
STATE OF CALIFORNIA )
)
COUNTY OF SAN LUIS OBISPO )
On _____________________, before me, ________________________, 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 persons 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 sea.
Signature of Notary Public
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.
Page 70 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
2
LA #4823-9693-0138 v1 5
STATE OF CALIFORNIA )
)
COUNTY OF SAN LUIS OBISPO )
On _____________________, before me, ________________________, 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 persons 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 sea.
Signature of Notary Public
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.
Page 71 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
2
LA #4823-9693-0138 v1 6
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Page 72 of 117
ITEM NUMBER: SA B-1DATE: 01/09/18ATTACHMENT: 2Page 73 of 117
ITEM NUMBER: SA B-1DATE: 01/09/18ATTACHMENT: 2Page 74 of 117
ITEM NUMBER: SA B-1DATE: 01/09/18ATTACHMENT: 2Page 75 of 117
ITEM NUMBER: SA B-1DATE: 01/09/18ATTACHMENT: 2Page 76 of 117
ITEM NUMBER: SA B-1DATE: 01/09/18ATTACHMENT: 2Page 77 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
2
LA #4823-9693-0138 v1 7
EXHIBIT B
SKETCH OF PROPERTY
Page 78 of 117
ITEM NUMBER: SA B-1DATE: 01/09/18ATTACHMENT: 2Page 79 of 117
ITEM NUMBER: SA B-1DATE: 01/09/18ATTACHMENT: 2Page 80 of 117
ITEM NUMBER: SA B-1
DATE:
ATTACHMENT:
01/09/18
2
LA #4831-3578-3002 v1 1
Exhibit 4 to Purchase and Sale Agreement
Form of Declaration of Restrictive Covenants
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Atascadero Successor Agency
Attn: Rachelle Rickard, City Manager
6500 Palma Avenue
Atascadero, CA 93442
No Recording Fee: Govt. Code § 27383
(Space above this line for Recorder’s use)
DECLARATION OF RESTRICTIVE COVENANTS
[Language consistent with Section 7.1 of Purchase and Sale Agreement to be inserted
regarding restrictions on use of Property.]
Page 81 of 117
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 82 of 117
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 83 of 117
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 84 of 117
PROJECT ENVIRONMENTAL ANALYSIS
The City of Atascadero’s environmental review process incorporates all of the requirements for
completing the Initial Study as required by the California Environmen tal Quality Act (CEQA) and the
CEQA Guidelines. The Initial Study includes Staff’s on-site inspection of the project site and surrounding
and a detailed review of the information on file for the proposed project. In addition, available background
information is reviewed for each project. Relevant information regarding soil types and characteristics,
geological information, significant vegetation and/or wildlife resources, water availability, wastewater
disposal service, existing land uses and surrounding la nd use categories and other information relevant to
the environmental review process are evaluated for each project. Exhibit A includes the references use d,
as well as the agencies or groups that were contacted as a part of this initial study. The City of
Atascadero uses the checklist to summarize the results of the research accomplished during the initial
environmental review of the project.
Persons, agencies, or organizations interested in obtaining more information regarding the environmental
review process for a project should contact the Community Development Department, 6500 Palma
Avenue, Atascadero, CA 93422 or call (805) 461-5035.
A. PROPOSED PROJECT
Description:
The project involves the sale of the property located at 6907/6901 El
Camino Real by the Successor agency of the Redevelopment
Agency of the City of Atascadero. The sale would convey the
property to a private buyer with the intent of retaining the building for
uses that are currently allowed under the City’s zoning ordinance. A
component of the sale also includes the subdivision of portions of the
subject property that will create a total of 3 lots, two of which will be
retained by the City and one that will be the subject of the building
sale. The minor subdivision will separate the exist ing transit center
and the existing public plaza areas into separate parcels that will be
retained by the City, while the remaining parcel housing the
Creekside building at 6907/6901 El Camino Real will be sold for
private uses.
The property (including the Creekside Building) was used by the City
as a temporary City Hall following an earthquake in December 2003,
which caused substantial damages to the Historic City Hall. The City
moved back into the Historic City Hall after repairs were completed in
2013. Since 2013, the Creekside Building has remained vacant as
the Successor Agency attempted to find a buyer for the Property.
The sale of the Property to a private buyer will allow the existing
building to be put back into a conforming land use. No constru ction or
changes to the building or site are proposed as part of this sale or
minor subdivision.
Assessor parcel number: 029-361-045
Other public agencies
whose approval is
required:
None
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 85 of 117
B. EXISTING SETTING
Land use designation: Downtown (D)
Zoning district: Downtown Commercial (DC)
Parcel size: 2.26 acres
Topography: Relatively Flat Average Slope: Less than 5%
Vegetation: Urban Infill, previously developed
Existing use:
Vacant building
Surrounding Land Use:
North: South: East: West:
City Hall/Creek &
Commercial Uses
Commercial Commercial Commercial
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 86 of 117
This Page Has Been Left Blank
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 87 of 117
C. ENVIRONMENTAL ANALYSIS
During the initial study process, no issues were identified as having a potentially significant
environmental effect (see following Initial Study).
CITY OF ATASCADERO
INITIAL STUDY CHECKLIST
1. AESTHETICS – Will the project:
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
a) Have a substantial adverse effect on
an adopted scenic vista? ☐ ☐ ☐ ☒
b) Substantially damage scenic
resources, including, but not limited to,
trees, rock outcroppings, and historic
buildings within a state scenic highway?
☐ ☐ ☐ ☒
c) Substantially degrade the existing
visual character or quality of the site and
its surroundings?
☐ ☐ ☐ ☒
d) Create a new source of substantial light
or glare which would adversely affect day
or nighttime views in the area?
☐ ☐ ☐ ☒
EXISTING SETTING: The proposed project is located within a developed retail center adjacent
to El Camino Real and Atascadero Creek. Prior to the building being converted to office uses, it
was utilized as a bowling alley. No changes to the existing building or site are proposed in
conjunction with the building sale or minor subdivision. The proposed project is not located
within an adopted scenic vista and there are no natural scenic resources on site or within the
vicinity. Surrounding uses include non-residential uses, Atascadero City Hall, the recently
completed pedestrian bridge, Colony Square Theater and restaurants, and the Sunken Gardens
Park. The existing building is one-story in height, and contains standard commercial lighting.
PROPOSED PROJECT: The proposed project involves the sale of property. As a condition of
the sale, small portions of the property are to be subdivided/separated so that the existing public
improvements (public plaza and transit center) can be separated from the Creekside Building
site to allow for sale to be limited to the building and associated adjacent site improvements
only. No changes are proposed to the plaza, transit center, or any portion of land to be
separated from the property containing the building. The sale of the building does not involve
any changes or construction associated with the building or site. It is assumed that the sale of
the building will result in a new tenant that will occupy the building.
MITIGATION / CONCLUSION: There will be no new construction as part of the proposed
property subdivision and sale. New building occupants will conform to the City’s Zoning
Ordinance. No impacts will occur.
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 88 of 117
2. AGRICULTURE RESOURCES – Will the project:
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland) to nonagricultural
use?
☐ ☐ ☐ ☒
b) Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?
☐ ☐ ☐ ☒
c) Conflict with existing zoning for, or
cause rezoning of, forest land, timberland
or timberland zoned Timberland
Production?
☐ ☐ ☐ ☒
d) Result in the loss of forest land or
conversion of forest land to non-forest
use?
☐ ☐ ☐ ☒
e) Involve other changes in the existing
environment which, due to their location
or nature, could result in conversion of
Farmland to non-agricultural use or
conversion of forest land to non-forest
use?
☐ ☐ ☐ ☒
EXISTING SETTING: The current general plan land use designation is Downtown (D) and
currently contains existing non-residential development and which will remain. There are no
agriculture activities occurring on-site.
MITIGATION / CONCLUSION: Agriculture resources are not located on-site, therefore no
impact.
3. AIR QUALITY – Will the project:
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
a) Conflict with or obstruct
implementation of the applicable air
quality plan?
☐ ☐ ☐ ☒
b) Violate any air quality standard or
contribute substantially to an existing or
projected air quality violation?
☐ ☐ ☐ ☒
c) Result in a cumulatively considerable
net increase of any criteria pollutant for
which the project region is non-
attainment under an applicable federal
or state ambient air quality standard
☐ ☐ ☐ ☒
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 89 of 117
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
(including releasing emissions which
exceed quantitative thresholds for
ozone precursors)?
d) Expose sensitive receptors to
substantial pollutant concentrations? ☐ ☐ ☐ ☒
e) Create objectionable odors affecting
a substantial number of people? ☐ ☐ ☐ ☒
EXISTING SETTING: The proposed project is located within a developed retail center adjacent
to El Camino Real and Atascadero creek. Prior to the building being converted to office uses, it
was utilized as a bowling alley. No changes to the existing building or site are proposed in
conjunction with the building sale or minor subdivision of land. Surrounding uses include non-
residential uses, Atascadero City Hall, the recently completed pedestrian bridge, Colony Square
commercial development, and the Sunken Gardens Park. Any new uses will conform to the
City’s Zoning Ordinance.
PROPOSED PROJECT: The proposed project involves the sale of property. As a condition of
the sale, small portions of the property are to be subdivided/separated so that the existing public
improvements (public plaza and transit center) can be separated from the Creekside Building
site to allow for sale to be limited to the building and associated adjacent site improvements
only. No changes are proposed to the plaza, transit center, or any portion of land to be
separated from the property containing the building. The sale of the building does not involve
any changes or construction associated with the building or site. It is assumed that the sale of
the building will result in a new tenant that will occupy the building. Occupancy of this building
will be similar to the building’s previous use; therefore no changes to air quality will occur.
MITIGATION / CONCLUSION: There will be no new construction as part of the proposed
property subdivision and sale. New building occupants will conform to the City’s Zoning
Ordinance. No impacts will occur.
4. GREENHOUSE GAS EMISSIONS – Will the project:
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
a) Generate greenhouse gas emissions,
either directly or indirectly, that may have
a significant impact on the environment?
☐ ☐ ☐ ☒
b) Conflict with an applicable plan, policy
or regulation adopted for the purpose of
reducing the emissions of greenhouse
gases? b) Conflict with an applicable plan,
policy or regulation adopted for the
purpose of reducing the emissions of
greenhouse gases?
☐ ☐ ☐ ☒
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 90 of 117
EXISTING SETTING: The proposed project is located within a developed retail center adjacent
to El Camino Real and Atascadero creek. Prior to the building being converted to office uses, it
was utilized as a bowling alley. No changes to the existing building or site are proposed in
conjunction with the building sale or minor subdivision of land. Surrounding uses include non-
residential uses, Atascadero City Hall, the recently completed pedestrian bridge, Colony Square
commercial development, and the Sunken Gardens Park.
PROPOSED PROJECT: The proposed project involves the sale of property. As a condition of
the sale, small portions of the property are to be subdivided/separated so that the existing public
improvements (public plaza and transit center) can be separated from the Creekside Building
site to allow for sale to be limited to the building and associated adjacent site improvements
only. No changes are proposed to the plaza, transit center, or any portion of land to be
separated from the property containing the building. The sale of the building does not involve
any changes or construction associated with the building or site. It is assumed that the sale of
the building will result in a new tenant that will occupy the building. Occupancy of this building
will be similar to the building’s previous use; therefore no changes to greenhouse gas emissions
will occur.
MITIGATION / CONCLUSION: There will be no new construction as part of the proposed
property subdivision and sale. New building occupants will conform to the City’s Zoning
Ordinance. No impacts will occur.
5. BIOLOGICAL RESOURCES – Will the project:
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
a) Have a substantial adverse effect,
either directly or through habitat
modifications, on any species identified as
a candidate, sensitive, or special status
species in local or regional plans, policies,
or regulations, or by the California
Department of Fish and Wildlife (CDFW)
or U.S. Fish and Wildlife Service
(USFWS)?
☐ ☐ ☐ ☒
b) Have a substantial adverse effect on
any riparian habitat or other sensitive
natural community identified in local or
regional plans, policies, regulations or
CDFW and USFWS?
☐ ☐ ☐ ☒
c) Have a substantial adverse effect on
federally protected wetlands as defined by
Section 404 of the Clean Water Act
through direct removal, filling, hydrological
interruption, or other means?
☐ ☐ ☐ ☒
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 91 of 117
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
d) Interfere substantially with the
movement of any native resident or
migratory fish or wildlife species or with
established native resident or migratory
wildlife corridors, or impede the use of
native wildlife nursery sites?
☐ ☐ ☒ ☐
e) Conflict with policies or ordinances
protecting biological resources, such as
the tree native tree ordinance?
☐ ☐ ☐ ☒
f) Conflict with the provisions of an
adopted Habitat Conservation Plan,
Natural Community Conservation Plan, or
other approved local, regional, or state
habitat conservation plan?
☐ ☐ ☐ ☒
EXISTING SETTING: The project site consists of previously developed parcels that are
presently underdeveloped, vacant, or in use as non-residential uses in the downtown. All areas
of the site have been previously disturbed and are not home to any known native or threatened
species. The site has been previously graded and has an average slope below 5%. The site is
adjacent to El Camino Real, Atascadero Creek, and is in the Downtown.
PROPOSED PROJECT: The project would involve the sale and occupancy of an existing
building. No changes to the adjacent creek or impacts to the creek area and associated riparian
habitat are anticipated. No new construction or modifications to the building or adjacent areas
are proposed.
MITIGATION / CONCLUSION: No biological resources are on-site, nor directly adjacent to the
project site, nor are any trees proposed to be removed. The site has been previously developed
and is located between an arterial road and Highway 101, therefore no biological impacts are
anticipated.
6. CULTURAL RESOURCES – Will the project:
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
a) Cause a substantial adverse change in
the significance of a historical resource? ☐ ☐ ☐ ☒
b) Cause a substantial adverse change in
the significance of an archaeological
resource?
☐ ☐ ☐ ☒
c) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
☐ ☐ ☐ ☒
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 92 of 117
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
d) Disturb any human remains, including
those interred outside of formal
cemeteries?
☐ ☐ ☐ ☒
EXISTING SETTING: The proposed project is located within a developed retail center adjacent
to El Camino Real and Atascadero Creek. Prior to the building being converted to office uses, it
was utilized as a bowling alley. No changes to the existing building or site are proposed in
conjunction with the building sale or minor subdivision of land. Surrounding uses include non-
residential uses, Atascadero City Hall, the recently completed pedestrian bridge, Colony Square
commercial development, and the Sunken Gardens Park.
PROPOSED PROJECT: The proposed project involves the sale of property. As a condition of
the sale, small portions of the property are to be subdivided/separated so that the existing public
improvements (public plaza and transit center) can be separated from the Creekside Building
site to allow for sale to be limited to the building and associated adjacent site improvements
only. No changes are proposed to the plaza, transit center, or any portion of land to be
separated from the property containing the building. The sale of the building does not involve
any changes or construction associated with the building or site. It is assumed that the sale of
the building will result in a new tenant that will occupy the building.
MITIGATION / CONCLUSION: There will be no new construction as part of the proposed
property subdivision and sale. New building occupants will conform to the City’s Zoning
Ordinance. No impacts will occur. Since occupancy of the building and separation of developed
sites surrounding the building will not result in physical changes to the site, there are no
anticipated impacts to cultural resources.
7. GEOLOGY AND SOILS – Will the project:
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
a) Result in the exposure to or production
of unstable earth conditions including the
following:
Landslides;
Earthquakes;
Liquefaction;
Land subsidence or other similar
hazards?
☐ ☐ ☒ ☐
b) Be within a California Geological
Survey “Alquist-Priolo” Earthquake Fault
Zone, or other known fault zone?
(consultant Division of Mines and Geology
Special Publication #42)
☐ ☐ ☐ ☒
c) Result in soil erosion, topographic
changes, loss of topsoil or unstable soil
conditions from proposed improvements
such as grading, vegetation removal,
☐ ☐ ☐ ☒
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 93 of 117
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
excavation or use of fill soil?
d) Include any structures located on
known expansive soils? ☐ ☐ ☒ ☐
e) Be inconsistent with the goals and
policies of the City’s Safety element
relating to geologic and seismic hazards?
☐ ☐ ☐ ☒
f) Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal systems
where sewers are not available for the
disposal of waste water?
☐ ☐ ☐ ☒
EXISTING SETTING: Based on the City’s Geographical Information Systems (GIS), the project
site is in a location with a high risk of liquefaction and low risk of landslide or subsidence. The
site is located relatively close to a known fault line but is not located within a California
Geological Survey “Alquist-Priolo” Earthquake Fault Zone. A GIS expansion determination
indicates that the bearing soils lie in the “Moderate” expansion potential ranges. Although there
are no known faults within the project area, there are faults located near the City that have been
known to create seismic events.
PROPOSED PROJECT: The proposed project does not involve any changes to the existing
building. The existing building meets current seismic standards and is not on the Cit y’s list of
unreinforced masonry buildings.
MITIGATION / CONCLUSION: No new construction is proposed. No mitigation is required.
8. HAZARDS AND HAZARDOUS MATERIALS – Will the project:
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
a) Create a significant hazard to the
public or the environment through the
routine transport, use, or disposal of
hazardous materials?
☐ ☐ ☐ ☒
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 94 of 117
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
b) Create a hazard to the public or the
environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous
materials into the environment?
☐ ☐ ☐ ☒
c) Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste within
one-quarter mile of an existing or
proposed school?
☐ ☐ ☐ ☒
d) Be located on a site which is included
on a list of hazardous materials sites
compiled pursuant to Government Code
Section 65962.5 and, as a result, would it
create a significant hazard to the public or
the environment?
☐ ☐ ☐ ☒
e) For a project located within an airport
land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport, would
the project result in a safety hazard for
people residing or working in the project
area?
☐ ☐ ☐ ☒
f) For a project within the vicinity of a
private airstrip, would the project result in
a safety hazard for people residing or
working in the project area?
☐ ☐ ☐ ☒
g) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
☐ ☐ ☐ ☒
h) Expose people or structures to a
significant risk of loss, injury or death
involving wildland fires, including where
wildlands are adjacent to urbanized areas
or where residences are intermixed with
wildlands?
☐ ☐ ☐ ☒
EXISTING SETTING: The project site does not have any documented hazardous materials on
or around the site. The proposed project is within the urban core and not located near wildlands.
Geographical Information Systems (GIS) shows the project site to be in a medium fire hazard
zone. The City of Atascadero adopts the California Building Code in addition to the 2015 Wildlife
Urban Interface Code that specifically regulates construction methodology in high fire risk areas.
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 95 of 117
PROPOSED PROJECT: No development or construction is proposed as part of the building
sale. The proposed project does not generate or involve the use of significant amounts of
hazardous materials. There are no known hazardous materials on the site or nearby, therefore,
there is no impact. The project will not impair implementation of an adopted emergency
response plan within the City.
MITIGATION / CONCLUSION: No construction or site modification is proposed as part of the
building sale and minor subdivision of land. Therefore, no mitigation is required.
9. WATER QUALITY / HYDROLOGY – Will the project:
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
a) Violate any water quality standards or
waste discharge requirements? ☐ ☐ ☒ ☐
b) Substantially deplete groundwater
supplies or interfere substantially with
groundwater recharge such that there
would be a net deficit in aquifer volume or
a lowering of the local groundwater table
level (e.g., the production rate of
preexisting nearby wells would drop to a
level which would not support existing
land uses or planned uses for which
permits have been granted)?
☐ ☐ ☐ ☒
c) Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river, in a manner which would
result in substantial erosion or siltation on-
or off-site?
☐ ☐ ☐ ☒
d) Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river, or substantially increase
the rate or amount of surface runoff in a
manner which would result in flooding on-
or off-site?
☐ ☐ ☐ ☒
e) Create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff?
☐ ☐ ☐ ☒
f) Otherwise substantially degrade water
quality? ☐ ☐ ☐ ☒
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 96 of 117
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
g) Place housing within a 100-year flood
hazard area as mapped on a federal
Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard
delineation map?
☐ ☐ ☐ ☒
h) Place within a 100-year flood hazard
area structures which would impede or
redirect flood flows?
☐ ☐ ☐ ☒
i) Expose people or structures to a
significant risk of loss, injury or death
involving flooding, including flooding as a
result of the failure of a levee or dam?
☐ ☐ ☐ ☒
j) Inundation by seiche, tsunami, or
mudflow?
☐ ☐ ☐ ☒
EXISTING SETTING: The proposed project is located within a developed retail center adjacent
to El Camino Real and Atascadero Creek. Prior to the building being converted to office uses, it
was utilized as a bowling alley. No changes to the existing building or site are proposed in
conjunction with the building sale or minor subdivision. Surrounding uses include non-residential
uses, Atascadero City Hall, the recently completed pedestrian bridge, Colony Square
commercial development, and the Sunken Gardens Park.
PROPOSED PROJECT: The proposed project involves the sale of property. As a condition of
the sale, small portions of the property are to be subdivided/separated so that the existing public
improvements (public plaza and transit center) can be separated from the Creekside Building
site to allow for sale to be limited to the building and associated adjacent site improvements
only. No changes are proposed to the plaza, transit center, or any portion of land to be
separated from the property containing the building. The sale of the building does not involve
any changes or construction associated with the building or site. It is assumed that the sale of
the building will result in a new tenant that will occupy the building.
CONCLUSION: No new construction is proposed and no modifications to the site are proposed,
therefore, no impact.
10. LAND USE & PLANNING – Will the project:
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
a) Physically divide an established
community? ☐ ☐ ☐ ☒
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 97 of 117
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
b) Conflict with any applicable land use
plan, policy, or regulation of an agency
with jurisdiction over the project adopted
for the purpose of avoiding or mitigating
an environmental effect?
☐ ☐ ☐ ☒
c) Conflict with any applicable habitat
conservation plan or natural community
conservation plan?
☐ ☐ ☐ ☒
EXISTING SETTING: The site’s general plan designation is Downtown (D). The site’s zoning
district is Downtown Commercial (DC) which allows a variety of office, retail, and hospitality
uses.
PROPOSED PROJECT: The proposed project involves the sale of property. As a condition of
the sale, small portions of the property are to be subdivided/separated so that the existing public
improvements (public plaza and transit center) can be separated from the Creekside Building
site to allow for sale to be limited to the building and associated adjacent site improvements
only. No changes are proposed to the plaza, transit center, or any portion of land to be
separated from the property containing the building. The sale of the building does not involve
any changes or construction associated with the building or site. It is assumed that the sale of
the building will result in a new tenant that will occupy the building.
CONCLUSION: The proposed project will not have any adverse effects on land use and
planning. All existing development will remain. No new development is proposed.
11. MINERAL RESOURCES – Will the project:
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
a) Result in the loss of availability of a
known mineral resource that would be of
value to the region and the residents of
the state?
☐ ☒ ☐ ☒
b) Result in the loss of availability of a
locally important mineral resource
recovery site delineated on a local
general plan, specific plan or other land
use plan?
☐ ☐ ☐ ☒
EXISTING SETTING: The proposed project is located within a developed retail center adjacent
to El Camino Real and Atascadero Creek. Prior to the building being converted to office uses, it
was utilized as a bowling alley. No changes to the existing building or site are proposed in
conjunction with the building sale or minor subdivision. Surrounding uses include non-residential
uses, Atascadero City Hall, the recently completed pedestrian bridge, Colony Square
commercial development, and the Sunken Gardens Park. There are no known mineral
resources on the site.
PROPOSED PROJECT: The proposed project involves the sale of property. As a condition of
the sale, small portions of the property are to be subdivided/separated so that the existing public
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 98 of 117
improvements (public plaza and transit center) can be separated from the Creekside Building
site to allow for sale to be limited to the building and associated adjacent site improvements
only. No changes are proposed to the plaza, transit center, or any portion of land to be
separated from the property containing the building. The sale of the building does not involve
any changes or construction associated with the building or site. It is assumed that the sale of
the building will result in a new tenant that will occupy the building.
MITIGATION / CONCLUSION: Mineral resources are not located on-site, and no development
proposed as a result of the building sale, therefore, no impact.
12. NOISE – Will the project result in:
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
a) Exposure of persons to or generation
of noise levels in excess of standards
established in the local general plan or
noise ordinance, or applicable standards
of other agencies?
☐ ☐ ☐ ☒
b) Exposure of persons to or generation
of excessive ground borne vibration or
ground borne noise levels?
☐ ☐ ☐ ☒
c) A substantial permanent increase in
ambient noise levels in the project vicinity
above levels existing without the project?
☐ ☐ ☒ ☐
d) A substantial temporary or periodic
increase in ambient noise levels in the
project vicinity above levels existing
without the project?
☐ ☐ ☒ ☐
e) For a project located within an airport
land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport, would
the project expose people residing or
working in the project area to excessive
noise levels?
☐ ☐ ☐ ☒
f) For a project within the vicinity of a
private airstrip, would the project expose
people residing or working in the project
area to excessive noise levels?
☐ ☐ ☐ ☒
EXISTING SETTING: The City’s General plan identified the site to be within noise contours
generated by both El Camino Real and Highway 101. The City’s Noise Contour Map has
identified the site as outside of the 65 decibel contour due to its proximity to El Camino Real and
the Highway 101 as the site is located on the interior of the property. There are no airports
within the project vicinity and the project is not located within an airport land use plan.
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 99 of 117
PROPOSED PROJECT: The proposed project includes the sale of property and the minor
subdivision of the parcel in order for the City to retain ownership of the public space areas. The
building has remained vacant since 2013 while an owner for the building was sought. Re-
occupancy of the building will increase the number of people on the site compared to existing
conditions, however, the existing building is part of a commercial center in the Downtown core
and was occupied for a number of years prior to 2013.
MITIGATION / CONCLUSION: No new construction or site modifications are proposed as part
of the building sale or subdivision of land. Any noise increase from re-occupancy of the building
is expected to minor and in keeping with the vibrant character of the surrounding area.
13. POPULATION & HOUSING – Will the project:
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
a) Induce substantial population growth in
an area, either directly (for example, by
proposing new homes and businesses) or
indirectly (for example, through extension
of roads or other infrastructure)?
☐ ☐ ☒ ☐
b) Displace substantial numbers of
existing housing, necessitating the
construction of replacement housing
elsewhere?
☐ ☐ ☐ ☒
c) Displace substantial numbers of
people, necessitating the construction of
replacement housing elsewhere?
☐ ☐ ☐ ☒
EXISTING SETTING: The existing site contains one commercial building, a pedestrian plaza,
and a transit center along the Capistrano Ave frontage. No housing is located on the project
site.
PROPOSED PROJECT: The project includes the sale of property and minor subdivision of
land. The subdivision will allow the City to retain portions of the existing property currently
housing a city transit facility and a pedestrian plaza. The development will not displace any
current residences. Sale and occupancy of the building will result in the potential for new jobs in
the vicinity and slight increases in local employment. Currently, the City of Atascadero is
experiencing an imbalance in the number of jobs vs. the number of residential units. Mos t
residents travel outside the city to seek employment. Occupancy of this site will aid the City’s
jobs/housing imbalance.
MITIGATION / CONCLUSION: No new constriction or site modification is proposed. The
proposed project will not have any significant negative impact on population and housing.
14. PUBLIC SERVICE:
Will the proposed project have an effect
upon, or result in the need for new or
altered public services in any of the
following areas:
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 100 of 117
Will the proposed project have an effect
upon, or result in the need for new or
altered public services in any of the
following areas:
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
a) Emergency Services (Atascadero
Fire)? ☐ ☐ ☒ ☐
b) Police Services (Atascadero Police)? ☐ ☐ ☒ ☐
c) Public Schools? ☐ ☐ ☒ ☐
d) Parks? ☐ ☐ ☒ ☐
e) Other public facilities? ☐ ☐ ☒ ☐
EXISTING SETTING: The existing building is currently served by existing City services. The site
is developed with one commercial building, a pedestrian plaza, and transit center along the
Capistrano Ave frontage.
PROPOSED PROJECT: This project involves only the sale of the building and the subdivision
of land to create 3 parcels, 2 of which contain existing public facilities and will be retained by the
City of Atascadero. No development is proposed. No changes to the level of services that were
previously triggered by the existing building are anticipated to occur. The proposed project is
within the Atascadero Urban Services Line and will not result in the need for new or altered
public services outside of the slight increase in people working and occupying the site upon
occupancy. However, these occupancy levels will not exceed levels previously experienced at
this site and will not exceed levels anticipated with the general plan.
MITIGATION / CONCLUSION: No new constriction or site modification is proposed. Occupancy
levels will not exceed levels previously experienced at this site and will not exceed levels
anticipated with the general plan. The proposed project will not have any significant negative
impact on public services.
15. RECREATION:
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
a) Would the project increase the use of
existing neighborhood and regional parks
or other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
☐ ☐ ☐ ☒
b) Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which
might have an adverse physical effect on
the environment?
☐ ☐ ☐ ☒
EXISTING SETTING: The proposed project is located within a developed retail center adjacent
to El Camino Real and Atascadero creek. Prior to the building being converted to office uses, it
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 101 of 117
was utilized as a bowling alley. No changes to the existing building or site are proposed in
conjunction with the building sale or minor subdivision of land. Surrounding uses include non-
residential uses, Atascadero City Hall, the recently completed pedestrian bridge, Colony Square
commercial development, and the Sunken Gardens Park.
PROPOSED PROJECT: The proposed project involves the sale of property. As a condition of
the sale, small portions of the property are to be subdivided/separated so that the existing public
improvements (public plaza and transit center) can be separated from the Creekside Building
site to allow for sale to be limited to the building and associated adjacent site improvements
only. No changes are proposed to the plaza, transit center, or any portion of land to be
separated from the property containing the building. The sale of the building does not involve
any changes or construction associated with the building or site. It is assumed that the sale of
the building will result in a new tenant that will occupy the building.
MITIGATION / CONCLUSION: The proposed project will not have any significant impacts on
recreational uses.
16. TRANSPORTATION / TRAFFIC – Will the project:
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
a) Conflict with an applicable plan,
ordinance or policy establishing
measures of effectiveness for the
performance of the circulation system,
taking into account all modes of
transportation including mass transit and
non-motorized travel and relevant
components of the circulation system,
including but not limited to intersections,
streets, highways and freeways,
pedestrian and bicycle paths, and mass
transit?
☐ ☐ ☐ ☒
b) Conflict with an applicable congestion
management program, including, but not
limited to level of service standards and
travel demand measures, or other
standards established by the county
congestion management agency for
designated roads or highways?
☐ ☐ ☐ ☒
c) Result in a change in air traffic
patterns, including either an increase in
traffic levels or a change in location that
results in substantial safety risks?
☐ ☐ ☐ ☒
d) Substantially increase hazards due to
a design feature (e.g., sharp curves or
dangerous intersections) or incompatible
uses (e.g., farm equipment)?
☐ ☐ ☐ ☒
e) Result in inadequate emergency
access? ☐ ☐ ☐ ☒
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 102 of 117
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
f) Conflict with adopted policies, plans, or
programs regarding public transit,
bicycle, or pedestrian facilities, or
otherwise decrease the performance or
safety of such facilities?
☐ ☐ ☐ ☒
EXISTING SETTING: The proposed project is located within a developed retail center adjacent
to El Camino Real and Atascadero creek. Prior to the building being converted to office uses, it
was utilized as a bowling alley. No changes to the existing building or site are proposed in
conjunction with the building sale or minor subdivision of land. Surrounding uses include non-
residential uses, Atascadero City Hall, the recently completed pedestrian bridge, Colony Square
commercial development, and the Sunken Gardens Park. The property abuts the City’s
Regional Transit Center.
PROPOSED PROJECT: The proposed project involves the sale of the property. As a condition
of the sale, small portions of the property are to be subdivided/separated from the building sale
to be retained for public use. These two portions include an existing transit center on Capistrano
Avenue and an existing plaza and vacant portion of land adjacent to Atascadero creek. No
changes are proposed to the plaza, transit center or any portion of land to be separated from
the property containing the building. The sale of the building does not involve any changes or
construction associated with the building or site. It is assumed that the sale of the building will
result in a new tenant that will occupy the building. Occupancy levels will be similar to
previous/historic uses on the site.
CONCLUSION: No changes to area or on-site traffic and circulation changes are anticipated to
occur with the sale and/or occupancy of the building. The proposed project will not have any
significant impacts on transportation or traffic.
17. UTILITIES AND SERVICE SYSTEMS – Will the project:
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
a) Exceed wastewater treatment
requirements of the applicable Regional
Water Quality Control Board?
☐ ☐ ☒ ☐
b) Require or result in the construction of
new water or wastewater treatment
facilities or expansion of existing facilities,
the construction of which could cause
significant environmental effects?
☐ ☐ ☒ ☐
c) Require or result in the construction of
new storm water drainage facilities or
expansion of existing facilities, the
construction of which could cause
significant environmental effects?
☐ ☐ ☐ ☒
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 103 of 117
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
d) Have sufficient water supplies available
to serve the project from existing
entitlements and resources, or are new or
expanded entitlements needed?
☐ ☐ ☐ ☒
e) Result in a determination by the
wastewater treatment provider which
serves or may serve the project that it has
adequate capacity to serve the project’s
projected demand in addition to the
provider’s existing commitments?
☐ ☐ ☒ ☐
f) Be served by a landfill with sufficient
permitted capacity to accommodate the
project’s solid waste disposal needs?
☐ ☐ ☐ ☒
g) Comply with federal, state, and local
statutes and regulations related to solid
waste?
☐ ☐ ☐ ☒
EXISTING SETTING: The existing building has sewer service from the City and water services
from Atascadero Mutual Water Company (AMWC). Existing drainage facilities on-site includes
run-off from private drainage systems to the City’s storm drain system, as the existing parcels
were previously developed. The site is currently serviced by Atascadero Waste Alternatives,
which transports solid waste to the Chicago Grade landfill. No changes to these services would
occur as part of the sale or occupancy of the building.
PROPOSED PROJECT: The proposed project involves the sale of the property. As a condition
of the sale, small portions of the property are to be subdivided/separated from the building sale
to be retained for public use. These two portions include an existing transit center on Capistrano
Avenue and an existing plaza and vacant portion of land adjacent to Atascadero creek. No
changes are proposed to the plaza, transit center or any portion of land to be separated from
the property containing the building. The sale of the building does not involve any changes or
construction associated with the building or site. It is assumed that the sale of the building will
result in a new tenant that will occupy the building. Occupancy levels will be similar to
previous/historic uses on the site.
CONCLUSION: No changes to water or wastewater are anticipated to occur with the sale
and/or occupancy of the building. The future occupancy will be similar to previous occupancy of
the building. Any changes to the occupancy would require further review and no such changes
are proposed at this time.
18. TRIBAL & CULTURAL RESOURCES – Will the project:
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 104 of 117
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
a) Cause a substantial adverse change in
the significance of a tribal cultural
resource, defined in Public Resources
Code section 21074 as either a site,
feature, place, cultural landscape, sacred
place, or object with cultural value to a
California Native American tribe?:
☐ ☐ ☐ ☒
b) Impact a listed or eligible for listing in
the California Register of Historical
Resources, or in a local register of
historical resources as define in Public
Resources Code Section 5020.1(k)?
☐ ☐ ☐ ☒
c) Impact a resource determined by the
lead agency, in its discretion and
supported by substantial evidence, to be
significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code
Section 5024.1. In applying the criteria set
forth in subdivision (c) of Public
Resources Code Section 5024.1. The
lead agency shall consider the
significance of the resource to a California
native American Tribe?
☐ ☐ ☐ ☒
EXISTING SETTING: The existing unoccupied building and commercial site is not listed as a
significant cultural or historic resource, nor is it located near one. The site is not listed and not
eligible for listing through local register of places significant to Atascadero’s history.
PROPOSED PROJECT: This project only involves a change in ownership of an existing
building and property.
CONCLUSION: A change in ownership or building occupancy will not impact cultural resources.
19. MANDATORY FINDINGS OF SIGNIFICANCE:
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
a) Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish
or wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or endangered
plant or animal or eliminate important
examples of the major periods of
California history or prehistory?
☐ ☐ ☐ ☒
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 105 of 117
Potentially
Significant
Impact
Requires
Mitigation
Insignificant
Impact
Not
Applicable
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively
considerable" means that the incremental
effects of a project are considerable when
viewed in connection with the effects of
past projects, the effects of other current
projects, and the effects of probable
future projects)
☐ ☐ ☒ ☐
c) Does the project have environmental
effects which will cause substantial
adverse effects on human beings, either
directly or indirectly?
☐ ☐ ☐ ☒
EXISTING SETTING: The proposed project is located within a developed retail center adjacent
to El Camino Real and Atascadero Creek. Prior to the building being converted to office uses, it
was utilized as a bowling alley. No changes to the existing building or site are proposed in
conjunction with the building sale or minor subdivision of land. Surrounding uses include non-
residential uses, Atascadero City Hall, the recently completed pedestrian bridge, Colony Square
commercial development, and the Sunken Gardens Park. The property abuts the City’s
Regional Transit Center.
PROPOSED PROJECT: The proposed project involves the sale of the property. As a condition
of the sale, small portions of the property are to be subdivided/separated from the building sale
to be retained for public use. These two portions include an existing transit center on Capistrano
Avenue and an existing plaza and vacant portion of land adjacent to Atascadero Creek. No
changes are proposed to the plaza, transit center or any portion of land to be separated from
the property containing the building. The sale of the building does not involve any changes or
construction associated with the building or site. It is assumed that the sale of the building will
result in a new tenant that will occupy the building. Occupancy levels will be similar to
previous/historic uses on the site.
The existing building is consistent with the underlying zoning district, Downtown Commercial
(DC), and meets the goals, policies, and implementation of both the General Plan, and the
Downtown Revitalization Plan. The proposed project and the cumulative effects will not have an
impact on existing and future projects, nor does the proposed project have any environmental
effects which will cause substantial adverse effects on residents, either directly or indirectly.
CONCLUSION: The proposed project will not have a significant cumulative impact.
For further information on California Environmental Quality Act (CEQA) or the City’s
environmental review process, please visit the City’s website at www.atascadero.org under the
Community Development Department or the California Environmental Resources Evaluation
System at: http://resources.ca.gov/ceqa/ for additional information on CEQA.
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 106 of 117
Exhibit a – Initial Study References & Outside Agency Contacts
The Community Development Department of the City of Atascadero has contacted various
agencies for their comments on the proposed project. With respect to the proposed project, the
following outside agencies have been contacted (marked with a ☒) with a Notice of Intent to
Adopt a Proposed Negative / Mitigated Negative Declaration.
☒ Atascadero Mutual Water Company ☐ Native American Heritage Commission
☒ Atascadero Unified School District ☒ San Luis Obispo Council of Governments
☒ Atascadero Waste Alternatives ☒ San Luis Obispo Air Pollution Control District
☐ AB 52 – Salinan Tribe ☐ San Luis Obispo Integrated Waste
Management Board
☐ AB 52 – Northern Chumash Tribe ☐ Regional Water Quality Control Board District 3
☐ AB 52 – Xolon Salinan Tribe ☐ HEAL SLO – Healthy Communities Workgroup
☐ AB 52 – Other ☒ US Postal Service
☐ California Highway Patrol ☒ Pacific Gas & Electric (PG&E)
☐ California Department of Fish and Wildlife
(Region 4) ☒ Southern California Gas Co. (SoCal Gas)
☐ California Department of Transportation
(District 5) ☒ San Luis Obispo County Assessor
☒ Pacific Gas & Electric ☐ LAFCO
☐ San Luis Obispo County Planning &
Building ☐ Office of Historic Preservation
☐ San Luis Obispo County Environmental
Health Department ☐ Charter Communications
☐ Upper Salians – Las Tablas RCD ☐ CA Housing & Community Development
☐ Central Coast Information Center (CA.
Historical Resources Information System) ☐ CA Department of Toxic Substances Control
☐ CA Department of Food & Agriculture ☐ US Army Corp of Engineers
☐ CA Department of Conservation ☐ Other:
☐ CA Air Resources Board ☐ Other:
☐ Address Management Service ☐ Other:
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 107 of 117
The following checked (“☒”) reference materials have been used in the environmental review
for the proposed project and are hereby incorporated by reference into the Initial Study. The
following information is available at the Community Development Department and requested
copies of information may be viewed by requesting an appointment with the project planner at
(805) 461-5000.
☒ Project File / Application / Exhibits /
Studies ☒ Adopted Atascadero Capital Facilities Fee
Ordinance
☒ Atascadero General Plan 2025 / Final EIR ☐ Atascadero Inclusionary Housing Policy
☒ Atascadero Municipal Code ☒ SLO APCD Handbook
☒ Atascadero Appearance Review Manual ☒ Regional Transportation Plan
☒ Atascadero Urban Stormwater
Management Plan ☒ Flood Hazard Maps
☐ Atascadero Hillside Grading Guidelines ☒ CDFW / USFW Mapping
☐ Atascadero Native Tree Ordinance &
Guidelines ☐ CA Natural Species Diversity Data Base
☒ Atascadero Climate Action Plan (CAP) ☒ Archeological Resources Map
☒ Atascadero Downtown Revitalization Plan ☒ Atascadero Mutual Water Company Urban
Water Management Plan
☐ Atascadero Bicycle Transportation Plan ☐ CalEnvironScreen
☒ Atascadero GIS mapping layers ☐ Other _______________
☐ Other _______________ ☐ Other _______________
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 108 of 117
PLN 2017-1676
Creekside Building Sale / City of Atascadero
Figure 1 – Location Map / General Plan & Zoning
Downtown (D) / Downtown
Commercial (DC)
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 109 of 117
Figure 2 – Aerial Mapping
Proposed Lot 1:
Transit Center
Proposed Lot 2:
Creekside Building –
portion for sale
Proposed Lot 3:
Public Plaza
ITEM NUMBER: SA B-1
DATE: 01/09/18
ATTACHMENT: 3
Page 110 of 117
ITEM NUMBER: SA C-1
DATE: 01/09/18
Successor Agency to the Community
Redevelopment Agency of Atascadero
Staff Report – Administrative Services
Approval of
Recognized Obligation Payment Schedule 18-19
July 1, 2018 - June 30, 2019
RECOMMENDATION:
Successor Agency Board approve the Draft Recognized Obligation Payment Schedule
(ROPS) for the period of July 1, 2018 through June 30, 2019 (ROPS 18-19), including
the Administrative Budget, pursuant to Health and Safety Code.
DISCUSSION:
On December 29, 2011, the California Supreme Court delivered its decision in the
California Redevelopment Association v. Matosantos case. The decision upheld AB1x
26, the Dissolution Act, and found AB1x 27, the Alternative Redevelopment Program
Act, unconstitutional. AB1x 26 dissolved the Redevelopment Agency as of February 1,
2012, the new dissolution date e stablished by the Supreme Court. On January 10,
2012 the City of Atascadero elected to become the Successor Agency to the
Community Redevelopment Agency of Atascadero. AB 1484 was signed by the
Governor on June 27, 2012 and further changed the process for dissolving
redevelopment agencies.
Pursuant to Health and Safety Code (HSC) section 34177(o)(1), commencing with the
ROPS covering the period July 1, 2016 to June 30, 2017 and thereafter, agencies shall
submit an oversight board approved annual ROPS to the Department of Finance (DOF)
and the County Auditor-Controller by February 1, 2016 and each February 1 thereafter.
The Successor Agency must report all expected obligations for the one year period
starting the following July. The attached ROPS covers the period of July 1, 2018
through June 30, 2019, and is referred to as ROPS 18-19.
HSC section 34171 provides an administrative cost allowance for the successor
agencies to carry out wind-down activities of the former redevelopment agencies and to
administer the Oversight Board. The annual amount shall be not less than $250,000,
unless certain conditions apply.
Page 111 of 117
ITEM NUMBER: SA C-1
DATE: 01/09/18
HSC 34171 (in part) states:
“(b) (3) Commencing July 1, 2016, and for each fiscal year thereafter, the
administrative cost allowance shall be up to 3 percent of the actual property tax
distributed to the successor agency by the county auditor-controller in the
preceding fiscal year for payment of approved enforceable obligations, reduced
by the successor agency's administrative cost allowance and loan repayments
made to the city, county, or city and county that created the redevelopment
agency that it succeeded pursuant to subdivision (b) of Section 34191.4 during
the preceding fiscal year. However, the administrative cost allowance shall not be
less than two hundred fifty thousand dollars ($250,000) in any fiscal year, unless
this amount is reduced by the oversight board or by agreement between the
successor agency and the department.”
Given the expected level of maintenance and close -out activities, the Agency is
requesting only $89,740 in Administrative Allowance for fiscal year 2018-2019.
The Draft ROPS 18-19 estimates that $1,989,663 in Redevelopment Property Tax Trust
Fund (RPTTF) funding will be needed for the July 1, 2018 through June 30, 2019
period.
Once approved by the Successor Agency Board, the ROPS 18-19, including the
Administrative Budget, will be submitted for approval to the Oversight Board, the County
Auditor-Controller, the State Controller, and the DOF. The DOF will have until April 15th
to review the ROPS and to object to items that do not meet the definition of an
Enforceable Obligation.
FISCAL IMPACT:
None for this action. The purpose of approving the Draft Recognized Obligation
Schedules is to ensure that the City acting as Successor Agency will be able to make
certain payments for obligations of the former RDA.
ATTACHMENTS:
1. Draft Recognized Obligation Payment Schedule (ROPS) for the period of
July 1, 2018 through June 30, 2019
2. Successor Agency Proposed Administrative Allowance Budget - July 1, 2018
through June 30, 2019
Page 112 of 117
Successor Agency:Atascadero
County:San Luis Obispo
Current Period Requested Funding for Enforceable Obligations (ROPS Detail)
18-19A Total
(July - December)
18-19B Total
(January - June) ROPS 18-19 Total
A 806,669$ 225,405$ 1,032,074$
B - - -
C 806,669 225,405 1,032,074
D - - -
E 933,972$ 1,040,691$ 1,974,663$
F 882,502 1,002,421 1,884,923
G 51,470 38,270 89,740
H Current Period Enforceable Obligations (A+E):1,740,641$ 1,266,096$ 3,006,737$
Name Title
/s/
Signature Date
Recognized Obligation Payment Schedule (ROPS 18-19) - Summary
Filed for the July 1, 2018 through June 30, 2019 Period
Enforceable Obligations Funded as Follows (B+C+D):
RPTTF
Redevelopment Property Tax Trust Fund (RPTTF) (F+G):
Bond Proceeds
Reserve Balance
Other Funds
Administrative RPTTF
Certification of Oversight Board Chairman:
Pursuant to Section 34177 (o) of the Health and Safety code, I hereby
certify that the above is a true and accurate Recognized Obligation
Payment Schedule for the above named successor agency.
ITEM NUMBER: SA C-1
DATE: 01/09/18
ATTACHMENT: 1
Page 113 of 117
A B C D E F G H I J K L M N O P Q R S T U V W
Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF
$ 46,693,327 $ 3,006,737 $ - $ 806,669 $ - $ 882,502 $ 51,470 $ 1,740,641 $ - $ 225,405 $ - $ 1,002,421 $ 38,270 $ 1,266,096
1 2010 Reimbursement/ Bond Bonds Issued On or Before 9/1/2010 10/1/2040 City of Atascadero (then Debt Service on 2010 Bonds 28,153,056 N $ 975,813 612,857 $ 612,857 362,956 $ 362,956
2 2010 Reimbursement/ Bond
Financing agreement with City of
Atascadero
Bonds Issued On or Before
12/31/10
9/1/2010 10/1/2040 City of Atascadero (then
passed through to BNY)
Trustee services for the life of the
2010 Bonds
69,750 N $ 2,750 2,750 $ 2,750 $ -
3 2004/2005 Redevelopment Bonds Bonds Issued On or Before
12/31/10
11/1/2004 9/1/2034 Bank of New York Mellon Debt Service on 2004/2005 Bonds 15,048,920 N $ 1,680,980 613,765 225,405 $ 839,170 225,405 616,405 $ 841,810
5 2004/2005 Redevelopment Bonds Bonds Issued On or Before
12/31/10
11/1/2004 9/1/2034 Bank of New York Mellon Trustee services for the life of the
2004/2005 Bonds
51,500 N $ 2,650 2,650 $ 2,650 $ -
6 City Loan #1 entered into in 1998 City/County Loan (Prior
06/28/11), Cash exchange
11/1/1998 1/1/2099 City of Atascadero Loan for Start-up costs 155,175 N
7 City Loan #2 entered into in 2001 City/County Loan (Prior
06/28/11), Cash exchange
6/28/2001 1/1/2099 City of Atascadero Revolving Loan 500,000 N
8 City Loan #3 entered into in 2002 City/County Loan (Prior
06/28/11), Cash exchange
6/12/2002 1/1/2099 City of Atascadero Loan for purchase of building housing
an adult store
720,000 N
10 Administration Allowance Admin Costs 1/1/2014 6/30/2014 City of Atascadero Administrative expenses for
successor agency in accordance with
AB1X26 through June 2016 including -
office expense, postage, legal
notices, computer costs, phone costs,
operations, professional development,
direct staff time, general overhead
1,325,000 N $ 89,740 51,470 $ 51,470 38,270 $ 38,270
11 Colony Square Conditions,
Covenants and Restrictions
Property Maintenance 6/10/2008 1/1/2099 Colony Square, LLC Contract for required participation in
maintenance of common areas for
Colony Square (estimated cost is
listed for 3 years, however required as
long as RDA owns the lot)
142,816 N $ 15,000 15,000 $ 15,000 $ -
12 Maintenance of Creekside Building Property Maintenance 2/23/2010 1/1/2099 Various vendors Maintenance of Creekside Building 289,206 N $ 46,900 23,840 $ 23,840 23,060 $ 23,060
123 Sale of Creekside Building Property Dispositions 1/1/2014 1/1/2099 Unknown Costs associated with marketing and
sale of Creekside Building in
accordance with PMP
192,904 N $ 192,904 192,904 $ 192,904 $ -
124 Historic City Hall Earthquake
Repair/Rehab Project
Improvement/Infrastructure 1/1/2014 1/1/2099 FEMA FEMA grant adjustments N
125 Historic City Hall Earthquake
Repair/Rehab Project
Improvement/Infrastructure 1/1/2014 1/1/2099 CalOES Cal OES grant adjustments N
126 Demolition of RDA portable building Property Dispositions 1/1/2099 1/1/2099 Unknown Demolition of RDA portable building 20,000 N $ - $ - $ -
127 Lease for former Chamber building Property Maintenance 5/1/2009 1/1/2099 City of Atascadero Lease of Land that RDA portable sits
on
- N $ - $ - $ -
128 Historic City Hall Earthquake
Repair/Rehab Project
Bonds Issued On or Before
12/31/10
1/1/2099 1/1/2099 Unknown Historic City Hall Earthquake
Repair/Rehab Project: Exterior
Lighting Package
N $ - $ - $ -
129 Master Agreement with City Bond Funded Project – Pre-
2011
1/1/2099 1/1/2099 City of Atascadero Remaining Bond Funds including
activity related to Historic City Hall
Earthquake Repair/Rehab
N $ - $ - $ -
130 Maintenance of former Chamber
Building
Property Maintenance 5/1/2009 1/1/2099 Various vendors Securing/repairing building from
vagrants and graffiti
N
131 Historic City Hall Earthquake
Repair/Rehab Project
Bonds Issued On or Before
12/31/10
12/22/2003 6/30/2014 Various vendors Historic City Hall Earthquake
Repair/Rehab Project: FEMA
determination of eligible costs
reclassification from "Other" invoices
to "Bond Proceeds"
N $ - $ - $ -
132 2010 Reimbursement/ Bond
Financing agreement with City of
Atascadero1
Bonds Issued On or Before
12/31/10
11/1/2015 6/30/2017 Wildan Financial Arbitrage calculation required by bond
covenants
25,000 N $ - $ - $ -
133 N $ - $ - $ -
Atascadero Recognized Obligation Payment Schedule (ROPS 18-19) - ROPS Detail
July 1, 2018 through June 30, 2019
(Report Amounts in Whole Dollars)
Item #Payee Description/Project Scope Project Area
Total Outstanding
Debt or Obligation Retired
18-19A (July - December)
18-19B
Total Project Name/Debt Obligation Obligation Type
Contract/Agreement
Execution Date
Fund Sources Fund Sources
Contract/Agreement
Termination Date
ROPS 18-19
Total
18-19B (January - June)
18-19A
Total
ITEM NUMBER: SA C-1
DATE: 01/09/18
ATTACHMENT: 1
Page 114 of 117
A B C D E F G H I
Other RPTTF
Bonds issued on
or before
12/31/10
Bonds issued on
or after
01/01/11
Prior ROPS
period balances
and
DDR RPTTF
balances
retained
Prior ROPS
RPTTF
distributed as
reserve for future
period(s)
Rent,
grants,
interest, etc.
Non-Admin
and
Admin
1 Beginning Available Cash Balance (Actual 07/01/15)
2,154,539 846,642 (744,176) 44,030
2 Revenue/Income (Actual 06/30/16)
RPTTF amounts should tie to the ROPS 15-16 total distribution from the
County Auditor-Controller during June 2015 and January 2016.
9,527 1,209,419 2,010,683
Column G includes transfer from Bond Proceeds
(Column C) for FEMA grant closeout. Column G
also includes FEMA and OES revenues received
3 Expenditures for ROPS 15-16 Enforceable Obligations (Actual
06/30/16)
1,284,599 595,511 63,444 1,451,189
Column C includes transfer to Other (column G)
for FEMA grant closed as authorized on 15-16B
4 Retention of Available Cash Balance (Actual 06/30/16)
RPTTF amount retained should only include the amounts distributed as
reserve for future period(s)
879,467 251,131 401,799 591,073
5 ROPS 15-16 RPTTF Balances Remaining
No entry required
6 Ending Actual Available Cash Balance (06/30/16)
C to G = (1 + 2 - 3 - 4), H = (1 + 2 - 3 - 4 + 5)
-$ -$ -$ -$ -$ 12,451$
Atascadero Recognized Obligation Payment Schedule (ROPS 18-19) - Report of Cash Balances
July 1, 2015 through June 30, 2016
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available
or when payment from property tax revenues is required by an enforceable obligation. For tips on how to complete the Report of Cash Balances Form, see Cash Balance Tips Sheet
Fund Sources
Comments
Bond Proceeds Reserve Balance
Cash Balance Information for ROPS 15-16 Actuals
(07/01/15 - 06/30/16)
ITEM NUMBER: SA C-1
DATE: 01/09/18
ATTACHMENT: 1
Page 115 of 117
Item #Notes/Comments
Atascadero Recognized Obligation Payment Schedule (ROPS 18-19) - Notes July 1, 2018 through June 30, 2019
ITEM NUMBER: SA C-1
DATE: 01/09/18
ATTACHMENT: 1
Page 116 of 117
PROGRAM BUDGETS
Successor Agency
FUND CODE
880
EXPENSE
July 2018 -
June 2019
CLASSIFICATION DESCRIPTION BASIS AMOUNT
Office Expense Postage, printing, copying, business cards, and office
supplies
Estimated 250$
Advertising Public hearing notices for successor agency and
oversight board items
Estimated 250
Insurance- Successor
Agency activities
Allocated portion of liability insurance costs. Covers
successor agency activities, but does not include
coverage of the Oversight Board
Allocated 12,200
Operating Supplies Items needed for general successor agency and
oversight board activities
Estimated 50
Attorney services Attorney services for successor agency activities Estimated 1,000
Administrative Charges Allocation of support services including accounts
payable, receipts, general accounting, investment,
personnel, managerial and legislative services, space
rental and other general overhead items
Allocated 21,610
Staff Time: administrative
agency and board
support
Agendas, minutes, record retention, correspondence
and coordination of meetings
Allocated 4,500
Staff Time: general
management support for
successor agency and
board
Overall successor agency and oversight board
management, attendance at meetings, general staff
reports and research
Allocated 2,610
Staff Time: Project
closeout /asset
management & disposal
support
Project closeout, oversight of sales and marketing of
creekside building, creekside building management
Allocated 15,000
Staff Time: financial
management support
Preparation and documentation of ROPS, administrative
budgets, & financial reports. Support and response to
State Controller's office, Department of Finance, and
county auditor controller's reports. Financial review of
tax distributions. General financial management and
reports.
Allocated 30,370
Staff Time: low/moderate
income housing
administration
Annual compliance monitoring in accordance with
low/moderate income housing loan documents and other
general housing loan program support
Allocated 1,900
89,740$
ITEM NUMBER: SA C-1
DATE: 01/09/18
ATTACHMENT: 2
Page 117 of 117