HomeMy WebLinkAbout2016-022 I RESOLUTION NO. 2016-22
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL ACTING AS THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
3 BERNARDINO AUTHORIZING THE ACCEPTANCE OF CERTAIN REAL PROPERTY
4 ASSETS FROM AFFORDABLE HOUSING SOLUTIONS OF SAN BERNARDINO AS
REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE § 34176 (e) AND
5 APPROVING CERTAIN RELATED ACTIONS.
6 WHEREAS, pursuant to Health and Safety Code (the "HSC") § 34172 (a) (1), the
7 Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; and
8 WHEREAS, consistent with the provisions of the HSC, the Mayor and Common Council
9 of the City of San Bernardino previously elected to serve in the capacity of the Successor Agency to
10 the Redevelopment Agency of the City of San Bernardino (the "Successor Agency"); and
11 WHEREAS, consistent with the provisions of the HSC, the Mayor and Common Council
12 of the City of San Bernardino previously elected to serve in the capacity of the Successor Housing
13 Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor Housing
14 Agency"); and
15 WHEREAS, the Oversight Board to the Successor Agency (the "Oversight Board") has
16 been established pursuant to HSC § 34179 to assist in the wind-down of the dissolved
17 redevelopment agency; and
18 WHEREAS, the former Redevelopment Agency of the City of San Bernardino (the "Former
19 RDA") established a series of operating practices, funding allocation procedures, and general
20 oversight requirements for Affordable Housing Solutions of San Bernardino, Inc., a non-profit
21 501(c)(3) corporation ("AHS"), which constituted the basis of that certain 2009 Neighborhood
22 Stabilization Program Sub-Recipient Agreement, dated September 21, 2009, and that certain 2011
23 Housing Capitalization Funding Agreement Sub-Recipient Agreement Relating to the $375,000,000
24 Principal Amount Low- and Moderate-Income Housing Fund Projects, dated March 3, 2011
25 (individually known as the "2009 AHS Agreement" and the "2011 AHS Agreement" respectively,
26 and collectively as the "AHS Agreements") between the former redevelopment and AHS; and
27 WHEREAS, on July 27, 2011, the California Superior Count entered a Default Judgment
28 that validated the 2011 AHS Agreement, which had the effect of validating the actions taken by the
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1 Former RDA, inclusive of the following finding; "The restructuring of the manner in which the
2 Agency conducts its governmental functions as set out in the Resolutions, and all matters related
3 thereto, are valid, legal and binding acts of the Agency in accordance with their terms and were and
4 are in conformity with applicable provisions of all laws and enactments at any time in force or
5 controlling upon such proceedings whether imposed by law, constitution, statute or ordinance, and
6 whether federal, state or local, and are legal, valid and binding obligations under the Constitution
7 and laws of the State of California as of the date of their enactment."; and
8 WHEREAS, for the purpose of implementing the AHS Agreements, AHS periodically
9 received funding allocations from the former RDA from both federal and low- and moderate-income
10 housing fiend (the "LMIHF") sources to finance the affordable housing activities authorized by the
11 AHS Agreements; and
12 WHEREAS, in addition to financial assistance and pursuant to the 2011 AHS Agreement,
13 during March and April of 2011, the Former RDA authorized the transfer of certain real property
14 assets of the Former RDA to AHS and consistent with the 2011 AHS Agreement, AHS used LMIHF
15 money to purchase additional LMIHF real property assets; and
16 WHEREAS, pursuant to HSC § 34176 (a) (1), the Successor Housing Agency elected to
17 retain the LMIHF assets and functions previously performed by the Former RDA, inclusive of all
18 rights, powers, duties, obligations and housing assets related thereto, with certain exceptions; and
19 WHEREAS, pursuant to HSC § 34176 (a) (2), the Successor Housing Agency is required to
20 submit a Housing Asset Transfer form (the "HAT") to the California Department of Finance (the
21 "DOF") that lists all of the housing assets, as more specifically defined in HSC § 34176 (e), to be
22 retained by the Successor Housing Agency; and
23 WHEREAS, pursuant to the 2011 AHS Agreement, only a portion of the Former RDA's
24 LMIHF real property assets were transferred to AHS and the balance of the assets defined in HSC §
25 34176 (e), were retained by the Former RDA; and
26 WHEREAS, on August 1, 2012, the Successor Housing Agency submitted its initial HAT to
27 DOF for its review and conducted periodic telephone and e-mail communications with DOF staff
28 with respect to the HAT, inclusive of providing requested back-up documentation; and
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I WHEREAS, subsequent to DOF's reviews, DOF issued its determination letters dated
2 August 31, 2012 and March 21, 2014 with respect to the initial HAT (the "DOF HAT Letters"); and
3 WHEREAS, as a follow-up to the DOF HAT Letters, the Successor Agency prepared an
4 amended HAT (the "Amended HAT") that includes the LMIHF Real Property Assets, as hereinafter
5 defined, for submission to DOF; and
6 WHEREAS, the Amended HAT lists 57 parcels of real property that are currently owned by
7 AHS that are assets of the LMIHF, as more particularly described as site Nos. 1 through 57 within
8 Exhibit"A" attached hereto (the "LMIHF Real Property Assets"); and
9 WHEREAS, there are nine (9) additional parcels of real property that are currently owned
10 by AHS that are assets of Successor Agency, as more particularly described as site Nos. 58 through
11 66 within Exhibit "A" attached hereto (the "Successor Agency Real Property Assets"); and
12 WHEREAS, consistent with HSC § 34176 (e), the LMIHF Real Property Assets and the
13 Successor Agency Real Property Assets must be recovered by the Successor Agency for later
14 transfer (i.e., the LMIHF Real Property Assets will go to the Successor Housing Agency and the
15 Successor Agency Real Property Assets will be sold) in accordance with the procedures prescribed
16 therefor by the HSC, which includes a review by the Oversight Board and DOF; and
17 WHEREAS, on February 9, 2016, the Board of Directors of AHS authorized the transfer to
18 the Successor Agency of those LMIHF Real Property Assets and Successor Agency Real Property
19 Assets owned by AHS that were either received from the Former RDA or acquired with LMIHF
20 money on behalf of the Former RDA, as more particularly described within Exhibit "A" attached
21 hereto; and
22 WHEREAS, consistent with the foregoing, this Resolution authorizes the acceptance of
23 those LMIHF Real Property Assets and Successor Agency Real Property Assets owned by AHS that
24 were either received from the Former RDA or acquired with LMIHF money on behalf of the Former
25 RDA, as more particularly described within Exhibit"A" attached hereto; and
26 WHEREAS, the form of quitclaim deed to cause the transfer of the affected real property
27 assets is included within Exhibit"B" attached hereto; which also includes a form of the certificate of
28 acceptance; and
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I WHEREAS, once recovered from AHS, the Successor Agency will transfer the LMIHF
2 Real Property Assets to the Successor Housing Agency, which will require separate later approvals
3 by the Successor Agency and the Successor Housing Agency and will also be subject to the
4 approval by the Oversight Board and DOF; and
5 WHEREAS, this Resolution has been reviewed with respect to applicability of the
6 California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines (California Code
7 of Regulations, Title 14, §§ 15000 et seq., hereafter the "Guidelines"), and the City's environmental
8 guidelines; and
9 WHEREAS, this Resolution is not a "project" for purposes of CEQA, as that term is
10 defined by Guidelines § 15378, because this Resolution is an organizational or administrative
11 activity that will not result in a direct or indirect physical change in the environment, per § 15378(b)
12 (5) of the Guidelines; and
13 WHEREAS, all of the prerequisites with respect to the approval of this Resolution have
14 been met.
15 NOW, THEREFORE, BE IT RESOLVED BY THE SUCCESSOR AGENCY TO THE
16 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
17 Section 1. The foregoing recitals are true and correct and are a substantive part of this
18 Resolution.
19 Section 2. The transfer to the Successor Agency of those LMIHF Real Property Assets
20 and Successor Agency Real Property Assets owned by AHS, as more particularly described within
21 Exhibit "A" attached hereto, is hereby approved and accepted.
22 Section 3. The City Manager, acting in the capacity of Executive Director of the
23 Successor Agency, is hereby authorized and directed to execute the certificate of acceptance
24 attached to the quitclaim deeds required to cause the transfer to the Successor Agency of the LMIHF
25 Real Property Assets and the Successor Agency Real Property Assets, as more particularly
26 described within Exhibit "B" attached hereto, and is hereby authorized to take such actions and
27 execute such documents as are necessary to effectuate the intent of this Resolution.
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I Section 4. This Resolution shall take effect upon its adoption and execution in the
2 manner as required by the City Charter.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL ACTING AS THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
2 BERNARDINO AUTHORIZING THE ACCEPTANCE OF CERTAIN REAL PROPERTY
ASSETS FROM AFFORDABLE HOUSING SOLUTIONS OF SAN BERNARDINO AS
3 REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE § 34176 (e) AND
4 APPROVING CERTAIN RELATED ACTIONS.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Successor
6 Agency to the Redevelopment Agency of the City of San Bernardino, at a meeting thereof, held
7 on the 16th day of February, 2016, by the following vote, to wit:
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Council Members Ayes Nays Abstain Absent
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MARQUEZ X
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BARRIOS X
11 VALDIVIA X
12 SHORETT X
13 NICKEL X
14 JOHNSON X
15 MULVIHILL X
17 Georgea Hanna, C C, City Clerk
18 The foregoing Resolution is hereby approved this /� day of February 2016.
C,
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21 R. Carey Davi Chairman
Successor Agency to the
22 Redevelopment Agency of the
City of San Bernardino
23 Approved as to Form:
24 Gary D. Saenz, City Attorney
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By:
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I EXHIBIT "A"
2 LISTING OF REAL PROPERTY ASSETS OWNED BY AHS
TO BE TRANSFERRED
3 TO THE SUCCESSOR AGENCY
4 Real Property Transferred from the former Redevelopment Agency to
5 AHS between March and April 2011
6 No. Current APN Address Lot Size Real Property to be
Owner (ac) Transferred to
7 1 AHS 0134-014-24 622 N G St 0.17 Successor Agency
2 AHS 0134-014-25 N G St 0.17 Successor Agency
8 3 AHS 0134-014-26 N G St 0.17 Successor Agency
4 AHS 0134-014-27 W 6th St 0.17 Successor Agency
9 5 AHS 0134-021-29 631 N G St 0.17 Successor Agency
6 AHS 0134-054-24 W 5th St 0.77 Successor Agency
10 7 AHS 0134-054-25 796 W 5th St 0.42 Successor Agency
8 AHS 0134-054-26 770 W 5th St 0.56 Successor Agency
11 9 AHS 0134-061-21 5th St 0.14 Successor Agency
10 AHS 0134-061-22 5th St 0.13 Successor Agency
12 11 AHS 0134-061-25 5th St 0.09 Successor Agency
12 AHS 0134-061-30 696 W 5th St 0.19 Successor Agency
13 13 AHS 0134-093-05 745 W 5th St 0.66 Successor Agency
14 AHS 0134-093-06 W. 5`h St 0.07 Successor Agency
14 15 AHS 0134-101-02 673 W 5th St 0.17 Successor Agency
16 AHS 0134-101-03 673 W 5th St 0.14 Successor Agency
15 17 AHS 0134-101-04 W 5th St 0.17 Successor Agency
18 AHS 0134-101-05 W 5th St 0.24 Successor Agency
16 19 AHS 0134-101-06 W 5th St 0.17 Successor Agency
20 AHS 0134-101-28 495 N G St 0.41 Successor Agency
21 AHS 0142-522-08 2695 W 5th St 0.25 Successor Agency
17 22 AHS 0142-522-09 2683 W 5th St 0.24 Successor Agency
23 AHS 0142-522-11 2657 W 5th St 0.24 Successor Agency
18 24 AHS 0142-522-12 2643 W 5th St 0.24 Successor Agency
25 AHS 0142-522-13 2642 W 5th St 0.24 Successor Agency
19 26 AHS 0142-522-14 2656 W 5th St 0.24 Successor Agency
27 AHS 0142-522-15 2670 W 5th St 0.24 Successor Agency
20 28 AHS 0142-522-16 2682 W 5th St 0.24 Successor Agency
29 AHS 0142-522-17 2694 W 5th St 0.25 Successor Agency
21 30 AHS 0142-522-25 2624 W 5th St 0.20 Successor Agency
31 AHS 0142-522-35 2639 W 5th St 0.20 Successor Agency
22 32 AHS 0142-522-36 2633 W 5th St 0.20 Successor Agency
33 AHS 0142-522-37 2625 W 5th St 0.20 Successor Agency
23 34 AHS 0142-522-38 2619 W 5th St 0.20 Successor Agency
35 AHS 0142-522-41 2638 W 5th St 0.20 Successor Agency
24 36 AHS 0142-522-42 2632 W 5th St 0.20 Successor Agency
37 AHS 0143-191-74 Medical Ctr Dr 0.75 Successor Agency
25 38 AHS 0143-191-75 Medical Ctr Dr 0.27 Successor Agency
39 AHS 0154-125-07 288 E 49th St 0.15 Successor Agency
26 40 AHS 0154-126-01 251 E 49th St 0.22 Successor Agency
41 AHS 0154-126-02 255 E 49th St 0.22 Successor Agency
27 42 AHS 0154-126-30 299 E 49th St 0.27 Successor Agency
43 AHS 1191-051-55 2105 Sunrise Ln 0.22 Successor Agency
28 Real Property Acquired by AHS before.fune 27,2011
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2 Owner (ac) Transferred to
No. Current APN Address Lot Size Real Property to be
44 AHS 0147-224-11 1356 Hillside 0.15 Successor Agency
3 45 AHS 0147-224-20 1394 Hillside 0.18 Successor Agency
46 AHS 0147-224-24 1853 Fairfax 0.83 Successor Agency
4 47 AHS 0147-224-25 1853 Fairfax 0.03 Successor Agency
48 AHS 0147-224-28 1384 Hillside 0.15 Successor Agency
5 49 AHS 0155-451-10 1433 Lynwood 1.41 Successor Agency
50 AHS 0268-394-10 1659 W 23`d St 0.17 Successor Agency
6 51 AHS 1191-031-19 2149 E. 19th 0.23 Successor Agency
52 AHS 1191-031-27 2043 E 19th St 0.23 Successor Agency
7 53 AHS 1191-051-24 2060(25768)E 18th 0.19 Successor Agency
54 AHS 1191-051-42 2084 Sunrise Lane 0.22 Successor Agency
8 55 AHS 1191-051-44 2104 Sunrise Lane 0.22 Successor Agency
56 AHS 1191-051-59 2065 E Sunrise Ln 0.22 Successor Agency
9 57 AHS 1191-051-54 2117 Sunrise Lane 0.22 Successor A enc
Real Property Acquired by AIIS after June 27,2011
10 ("Successor Ai!ency Real Property Assets"-
No. Current AIIIN Address Lot Size Real Property to be
11 to
58 AHS 0140-171-16 207/207-1/2 E 10th St 0.16 Successor Agency
12 59 AHS 0140-222-26 839 N Mountain View Ave 0.17 Successor Agency
60 AHS 0145-171-11 693/695 W Evans St 0.15 Successor Agency
13 61 AHS 1191-031-23 2095 E 19th St 0.23 Successor Agency
62 AHS 1191-051-45 2116 Sunrise Ln 0.22 Successor Agency
14 63 AHS 1191-051-53 2131 Sunrise Ln 0.22 Successor Agency
64 AHS 1191-051-60 2055 E Sunrise Ln 0.22 Successor Agency
15 65 AHS 1191-051-61 2045 E Sunrise Ln 0.22 Successor Agency
66 AHS 1191-051-66 2182 Sunrise Ln 0.24 Successor Agency
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EXHIBIT "B"
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3 FORM OF QUITCLAIM DEED FOR TRANSFER OF
4 REAL PROPERTY ASSETS OWNED BY AHS
TO THE SUCCESSOR AGENCY
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6 (See Attachment)
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4 RECORDING REQUESTED BY:
Successor Agency to the
5 Redevelopment Agency of the
City of San Bernardino
6 WHEN RECORDED MAIL TO:
Successor Agency to the
7 Redevelopment Agency of the
City of San Bernardino
8 201 North E Street, Ste. 301
San Bernardino, CA 92408
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Attn: Lisa Connor, Project Mgr.
10 Add APNs Here
11 (Space Above Line For Use By Recorder)
12 This document is exempt from the
payment of a recording fee pursuant to
13 Government Code Section 27383
14 DOCUMENTARY TRANSFER TAX$ NONE
15 QUITCLAIM DEED
(Form Only— Not for Signature)
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17 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Affordable
Housing Solutions of San Bernardino, Inc., a California 501(c)(3) public benefit corporation (the
18 "Grantor") does hereby remise, release and quitclaim to the Successor Agency to the
Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (the
19 `Grantee"), any interest that Grantor may have in the real property in the City of San Bernardino,
County of San Bernardino, State of California, described in Attachment "A" attached hereto and
20 incorporated herein by this reference.
21 AFFORDABLE HOUSING SOLUTIONS OF SAN
BERNARDINO, Inc., a California 501(c)(3) public
22 benefit corporation
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24 Dated By: NOT FOR SIGNATURE
Executive Director
25 AFFORDABLE HOUSING SOLUTIONS
OF SAN BERNARDINO
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2 A notary public or other officer completing this
certificate verifies only the identity of the individual
3 who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
4 of that document.
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6 State of California } ss
7 County of San Bernardino }
8 On before me,
Notary Public, personally appeared who proved to me on
9 the basis of satisfactory evidence to be the person whose name is subscribed to the within
instrument and who acknowledged to me that he/she executed the same in his/her authorized
10 capacity, and by his/her signature on the instrument the person, or entity upon behalf of which the
person acted, executed the instrument.
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I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing
12 paragraph is true and correct.
13 WITNESS my hand and official seal.
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15 (Signature of Notary) (This area for official notarial seal)
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2 Attachment"A"
3 LEGAL DESCRIPTIONS:
4 (Insert Here)
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CERTIFICATE OF ACCEPTANCE
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This is to certify that the interest in real property conveyed by written deed or grant dated
3 , 2016 from Affordable Housing Solutions of San Bernardino, Inc. to the Successor Agency to the
Redevelopment Agency of the City of San Bernardino, is hereby accepted by the undersigned officer or
4 agent on behalf of the Successor Agency to the Redevelopment Agency of the City of San Bernardino,
pursuant to authority conferred by the Successor Agency to the Redevelopment Agency of the City of San
5 Bernardino on , 2016, pursuant to Resolution No. 2016- SA and the
Successor Agency to the Redevelopment Agency of the City of San Bernardino consents to recordation
6 thereof by its duly authorized officer.
7 Dated this_day of , 2016
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9 By: NOT FOR SIGNATURE
Executive Director
10 Successor Agency of the Redevelopment Agency
of the City of San Bernardino
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Provides for:
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Add APNs and Addresses Here
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A notary public or other officer completing this
14 certificate verifies only the identity of the individual
who signed the document to which this certificate is
15 attached, and not the truthfulness, accuracy, or validity
16 of that document.
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18 State of California )SS
County of San Bernardino}
19 On before me, Notary Public,
20 personally appeared who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and who acknowledged to me
21 that he/she executed the same in his/her authorized capacity, and by his/her signature on the instrument the
person, or entity upon behalf of which the person acted, executed the instrument.
22 1 certify under PENALTY of PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
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WITNESS my hand and official seal.
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(Signature of Notary) (This area for official notarial seal)
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