HomeMy WebLinkAbout2016-023 I RESOLUTION NO. 2016-23
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE
3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING
4 THE ACCEPTANCE OF CERTAIN REAL PROPERTY ASSETS FROM THE SAN
BERNARDINO ECONOMIC DEVELOPMENT CORPORATION PURSUANT TO
5 CALIFORNIA HEALTH AND SAFETY CODE §34176 AND APPROVING CERTAIN
RELATED ACTIONS.
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7 WHEREAS, pursuant to Health and Safety Code (the "HSC") § 34172 (a) (1), the
8 Redevelopment Agency of the City of San Bernardino was dissolved February 1, 2012; and
9 WHEREAS, consistent with the provisions of the HSC, on January 9, 2012 the Mayor and
10 Common Council of the City of San Bernardino elected to serve in the capacity of the Successor
11 Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor Agency"); and
12 WHEREAS, consistent with the provisions of the HSC, the Mayor and Common Council
13 of the City of San Bernardino previously elected to serve in the capacity of the Successor Housing
14 Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor Housing
15 Agency"); and
16 WHEREAS, the Oversight Board to the Successor Agency (the "Oversight Board") has
17 been established pursuant to HSC § 34179 to assist in the wind-down of the dissolved
18 redevelopment agency; and
19 WHEREAS, the former Redevelopment Agency of the City of San Bernardino (the "Former
20 RDA") established certain operating practices, funding allocation procedures, and general oversight
21 requirements for the San Bernardino Economic Development Corporation ("SBEDC"), which
22 constituted the basis of that certain Project Funding Agreement, dated March 1, 2011 ("2011
23 SBEDC Agreement"), between the former RDA and the SBEDC; and
24 WHEREAS, on July 27, 2011, the California Superior Count entered a Default Judgment
25 that validated the 2011 SBEDC Agreement, which had the effect of validating the actions taken by
26 the Former RDA, inclusive of the following finding; "The restructuring of the manner in which the
27 Agency conducts its governmental functions as set out in the Resolutions, and all matters related
28 thereto, are valid, legal and binding acts of the Agency in accordance with their terms and were and
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I are in conformity with applicable provisions of all laws and enactments at any time in force or
2 controlling upon such proceedings whether imposed by law, constitution, statute or ordinance, and
3 whether federal, state or local, and are legal, valid and binding obligations under the Constitution
4 and laws of the State of California as of the date of their enactment."; and
5 WHEREAS, for the purpose of implementing the 2011 SBEDC Agreement, the SBEDC
6 periodically received funding allocations from the former RDA sources to finance the activities
7 authorized by the 2011 SBEDC Agreement; and
8 WHEREAS, in addition to financial assistance and pursuant to the 2011 SBEDC
9 Agreement, during March and April of 2011, the Former RDA authorized the transfer of certain real
10 property assets of the Former RDA to the SBEDC; and
11 WHEREAS, certain real property assets of the Former RDA that were transferred to the
12 SBEDC were previously acquired by the Former RDA with low- and moderate-income housing
13 fund (the "LMIHF") money (the "LMIHF Assets"); and
14 WHEREAS, the LMIHF Assets are more particularly described within Exhibit"A" attached
15 hereto and are commonly referred to collectively as the "Arden-Guthrie Parcels"; 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, on August 1, 2012, the Successor Housing Agency submitted its initial HAT to
24 DOF for its review and conducted periodic telephone and e-mail communications with DOF staff
25 with respect to the HAT, inclusive of providing requested back-up documentation; and
26 WHEREAS, subsequent to DOF's reviews, DOF issued its determination letters dated
27 August 31, 2012 and March 21, 2014 with respect to the initial HAT (the "DOF HAT Letters"); and
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1 WHEREAS, as a follow-up to the DOF HAT Letters, the Successor Agency prepared an
2 amended HAT (the "Amended HAT") that includes the Arden-Guthrie Parcels for submission to
3 DOF; and
4 WHEREAS, consistent with HSC § 34176 (e), the Successor Agency must recover the
5 Arden-Guthrie Parcels from the SBEDC for later transfer to the Successor Housing Agency in
6 accordance with the procedures prescribed therefor by the HSC, which includes a review by the
7 Oversight Board and DOF; and
8 WHEREAS, consistent with the foregoing, this Resolution approves the Successor
9 Agency's acceptance of the transfer of the Arden-Guthrie Parcels from the SBEDC; and
10 WHEREAS, the form of quitclaim deed to cause the transfer of the affected real property
11 assets is included within Exhibit"B" attached hereto, which also includes a form of the certificate of
12 acceptance; and
13 WHEREAS, except for the Arden-Guthrie Parcels, during 2014 the SBEDC transferred all
14 of the balance of its real property assets to the Successor Agency and subsequent to the transfer of
15 the Arden-Guthrie Parcels to the Successor Agency the SBEDC will no longer own any real
16 property assets; and
17 WHEREAS, once recovered from the SBEDC, the Successor Agency will transfer the
18 Arden-Guthrie Parcels to the Successor Housing Agency, which will require separate later approvals
19 by the Successor Agency and the Successor Housing Agency and will also be subject to the
20 approval by the Oversight Board and DOF; and
21 WHEREAS, this Resolution has been reviewed with respect to applicability of the
22 California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines (California Code
23 of Regulations, Title 14, §§ 15000 et seq., hereafter the "Guidelines"), and the City's environmental
24 guidelines; and
25 WHEREAS, this Resolution is not a "project" for purposes of CEQA, as that term is
26 defined by Guidelines § 15378, because this Resolution is an organizational or administrative
27 activity that will not result in a direct or indirect physical.change in the environment, per § 15378
28 (b) (5) of the Guidelines; and
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1 WHEREAS, all of the prerequisites with respect to the approval of this Resolution have
2 been met.
3 NOW, THEREFORE, BE IT RESOLVED BY THE SUCCESSOR AGENCY TO THE
4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
5 Section 1. The foregoing recitals are true and correct and are a substantive part of this
6 Resolution.
7 Section 2. The SBEDC's transfer of the Arden-Guthrie Parcels to the Successor Agency,
8 as more particularly described with Exhibit"A" attached hereto, is hereby approved and accepted.
9 Section 3. The City Manager, acting in the capacity of Executive Director of the
10 Successor Agency, is hereby authorized and directed to execute the certificate of acceptance
11 attached to the quitclaim deeds required to cause the transfer to the Successor Agency of the Arden-
12 Guthrie Parcels, as more particularly described within Exhibit "B" attached hereto, and is hereby
13 authorized to take such actions and execute such documents as are necessary to effectuate the intent
14 of this Resolution.
15 Section 4. This Resolution is not a "project" for purposes of CEQA, as that term is
16 defined by Guidelines § 15378, because this Resolution is an organizational or administrative
17 activity that will not result in a direct or indirect physical change in the environment, per § 15378(b)
18 (5) of the Guidelines.
19 Section 5. This Resolution shall take effect upon its adoption and execution in the
20 manner as required by the City Charter.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE
2 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING
3 THE ACCEPTANCE OF CERTAIN REAL PROPERTY ASSETS FROM THE SAN
BERNARDINO ECONOMIC DEVELOPMENT CORPORATION PURSUANT TO
4 CALIFORNIA HEALTH AND SAFETY CODE § 34176 AND APPROVING CERTAIN
RELATED ACTIONS.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Successor
7 Agency to the Redevelopment Agency of the City of San Bernardino, at a meeting thereof, held
8 on the 16th day of February, 2016, by the following vote, to wit:
9 Council Members Ayes Nays Abstain Absent
10 MARQUEZ X
11 BARRIOS X
12 VALDIVIA X
13 SHORETT X
14 NICKEL X
15 JOHNSON X
16 MULVIHILL X
17
18 Georgea C Hanna, City Clerk
ft
19 The foregoing Resolution is hereby approved this f ✓ day of February 2016.
20 2
21
R. Carey Davi , Chairman
22 Successor Ag ncy to the
Redevelopment Agency of the
23 City of San Bernardino
Approved as to Form:
24 Gary D. Saenz, City Attorney
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26 By:
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1 EXHIBIT "A"
2 LISTING OF REAL PROPERTY ASSETS OWNED BY SBEDC
TO BE TRANSFERRED
3 TO THE SUCCESSOR AGENCY
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5 Current Lot Real Property
No. Owner Address APN Size Assets to be
6 (ac) Transferred to
1 SBEDC N Dumbarton 1191-021-01 0.13 Successor Agency
7 2 SBEDC 6524 N Newcomb St 1191-021-11 0.24 Successor Agency
3 SBEDC 2176 N Newcomb St 1191-021-12 0.17 Successor Agency
8 4 SBEDC 2158 N Newcomb St 1191--021-13 0.17 Successor Agency
5 SBEDC 2140 N Newcomb St 1191-021-14 0.17 Successor Agency
9 6 SBEDC 2122 N Newcomb St 1191-021-15 0.17 Successor Agency
7 SBEDC 2104 N Newcomb St 1191-021-16 0.17 Successor Agency
10 8 SBEDC 2094 N Newcomb St 1191-021-17 0.17 Successor Agency
9 SBEDC 2072 N Newcomb St 1191-021-18 0.17 Successor Agency
11 10 SBEDC 2050 N Newcomb St 1191-021-19 0.17 Successor Agency
11 SBEDC 2051 N Newcomb St 1191-021-20 0.17 Successor Agency
12 12 SBEDC 2073 N Newcomb St 1191-021-21 0.17 Successor Agency
13 SBEDC 2095 N Newcomb St 1191-021-22 0.17 Successor Agency
13 14 SBEDC 2105 N Newcomb St 1191-021-23 0.17 Successor Agency
15 SBEDC 2123 N Newcomb St 1191-021-24 0.17 Successor Agency
14 16 SBEDC 2141 N Newcomb St 1191-021-25 0.17 Successor Agency
17 SBEDC 2159 N Newcomb St 1191-021-26 0.17 Successor Agency
15 18 SBEDC 2177 N Newcomb St 1191-021-27 0.17 Successor Agency
19 SBEDC 2195 N Newcomb St 1191-021-28 0.24 Successor Agency
16 20 SBEDC 2194 N McKinley Av 1191-021-29 0.24 Successor Agency
21 SBEDC 2176 N McKinley Av 1191-021-30 0.17 Successor Agency
17 22 SBEDC 2158 N McKinley Av 1191-021-31 0.17 Successor Agency
23 SBEDC 2140 N McKinley Av 1191-021-32 0.17 Successor Agency
18 24 SBEDC 2122 N McKinley Av 1191-021-33 0.17 Successor Agency
25 SBEDC 2104 N McKinley Av 1191-021-34 0.17 Successor Agency
19 26 SBEDC 2094 N McKinley Av 1191-021-35 0.17 Successor Agency
27 SBEDC 2072 N McKinley Av 1191-021-36 0.17 Successor Agency
20 28 SBEDC 2050 N McKinley Av 1191-021-37 0.17 Successor Agency
29 SBEDC 2050 N Arden Av 1191-021-38 0.17 Successor Agency
21 30 SBEDC 2072 N Arden Av 1191-021-39 0.17 Successor Agency
31 SBEDC 2094 N Dumbarton Av 1191-021-40 0.17 Successor Agency
22 32 SBEDC 2104 N Arden Av 1191-021-41 0.17 Successor Agency
33 SBEDC 2122 N Arden Av 1191-021-42 0.17 Successor Agency
23 34 SBEDC 2140 N Arden Av 1191-021-43 0.17 Successor Agency
35 SBEDC 2177 N Dumbarton Av 1191-021-44 0.17 Successor Agency
24 36 SBEDC 2158 N Dumbarton Av 1191-021-45 0.17 Successor Agency
37 SBEDC 2141 N Dumbarton Av 1191-021-46 0.17 Successor Agency
25 38 SBEDC 2123 N Dumbarton Av 1191-021-47 0.17 Successor Agency
39 SBEDC 2105 N Dumbarton Av 1191-021-48 0.17 Successor Agency
26 40 SBEDC 2095 N Dumbarton Av 1191-021-49 0.17 Successor Agency
41 SBEDC 2073 N Dumbarton Av 1191-021-50 0.17 Successor Agency
27 42 SBEDC 2051 N Dumbarton Av 1191-021-51 0.17 Successor Agency
43 SBEDC 2050 N Dumbarton Av 1191-021-52 0.17 Successor Agency
28 44 SBEDC 1 2072 N Dumbarton Av 1191-021-53 0.17 Successor Agency
45 SBEDC 2094 N Dumbarton Av 1191-021-54 0.17 Successor Agency
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1 46 SBEDC 2104 N Dumbarton Av 1191-021-55 0.17 Successor Agency
47 SBEDC 2122 N Dumbarton Av 1191-021-56 0.17 Successor Agency
2 48 SBEDC 2140 N Dumbarton Av 1191-021-57 0.17 Successor Agency
49 SBEDC 2158 N Dumbarton Av 1191-021-58 0.17 Successor Agency
3 50 SBEDC 2176 N Dumbarton Av 1191-021-59 0.17 Successor Agency
51 SBEDC 2194 N Dumbarton Av 1191-021-60 0.26 Successor Agency
4 52 SBEDC 2195 N McKinley Av 1191-021-61 0.24 Successor Agency
53 SBEDC 2177 N McKinley Av 1191-021-62 0.17 Successor Agency
5 54 SBEDC 2159 N McKinley Av 1191-021-63 0.17 Successor Agency
55 SBEDC 2141 N McKinley Av 1191-021-64 0.17 Successor Agency
6 56 SBEDC 2123 N McKinley Av 1191-021-65 0.17 Successor Agency
57 SBEDC 2105 N McKinley Av 1191-021-66 0.17 Successor Agency
7 58 SBEDC 2095 N Newcomb St 1191-021-67 0.17 Successor Agency
59 SBEDC 2073 N McKinley Av 1191-021-68 0.17 Successor Agency
8 60 SBEDC 2051 N McKinley Av 1191-021-69 0.17 Successor Agency
61 SBEDC 2028 N Newcomb St 1191-041-17 0.17 Successor Agency
9 62 SBEDC 2004 N Newcomb St 1191-041-18 0.19 Successor Agency
63 SBEDC 2005 N Newcomb St 1191-041-19 0.19 Successor Agency
10 64 SBEDC 2029 N Newcomb St 1191-041-20 0.17 Successor Agency
65 SBEDC 2028 N McKinley Av 1191-041-21 0.17 Successor Agency
11 66 SBEDC 2004 N McKinley Av 1191-041-22 0.20 Successor Agency
67 SBEDC 2004 N Arden Av 1191-041-25 0.19 Successor Agency
12 68 SBEDC 2028 N Arden Av 1191-041-26 0.17 Successor Agency
69 SBEDC 2029 N Dumbarton Av 1191-041-27 0.17 Successor Agency
13 70 SBEDC 2005 N Dumbarton Av 1191-041-28 0.19 Successor Agency
71 SBEDC 2004 N Dumbarton Av 1191-041-29 0.19 Successor Agency
14 72 SBEDC 2028 N Dumbarton Av 1191-041-30 0.17 Successor Agency
73 SBEDC 2029 N McKinley Av 1191-041-31 0.19 Successor Agency
15 74 SBEDC 2005 N McKinley Av 1191-041-32 0.19 Successor Agency
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EXHIBIT"B"
2 FORM OF QUITCLAIM DEED FOR TRANSFER OF
3 REAL PROPERTY ASSETS OWNED BY SBEDC
TO THE SUCCESSOR AGENCY
4 (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
9
Attn: Lisa Connor, Project Mgr.
10 Add APNs Here
11 (Space Above Line For Use By Recorder)
This document is exempt from the
12 payment of a recording fee pursuant to
Government Code Section 27383
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DOCUMENTARY TRANSFER TAX$ NONE
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QUITCLAIM DEED
15 (Form Only—Not for Signature)
16 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the San Bernardino
Economic Development Corporation, a California non-profit corporation (the "Grantor") does hereby remise,
17 release and quitclaim to the Successor Agency to the Redevelopment Agency of the City of San Bernardino,
a public body, corporate and politic (the "Grantee"), any interest that Grantor may have in the real property in
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the City of San Bernardino, County of San Bernardino, State of California, described in Attachment "A"
attached hereto and incorporated herein by this reference.
19 SAN BERNARDINO ECONOMIC DEVELOPMENT
CORPORATION, a California non-profit corporation
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Dated By: NOT FOR SIGNATURE
22 Executive Director
SAN BERNARDINO ECONOMIC
23 DEVELOPMENT CORPORATION
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2 A notary public or other officer completing this
3 certificate verifies only the identity of the individual
who signed the document to which this certificate is
4 attached, and not the truthfulness, accuracy, or validity
of that document.
5
6 State of California ) SS
7 County of San Bernardino)
8 On before me,
Notary Public, personally appeared who proved to me on the
9 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 capacity, and by his/her signature
10 on the instrument the person, or entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing paragraph
11
is true and correct.
12 WITNESS my hand and official seal.
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14 (Signature of Notary) (This area for official notarial seal)
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2 Attachment"A"
3 LEGAL DESCRIPTIONS:
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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 the San Bernardino Economic Development Corporation 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
8
9 By: NOT FOR SIGNATURE
Executive Director
10 Successor Agency of the Redevelopment Agency
of the City of San Bernardino
11 Provides for:
12 Add APNs and Addresses Here
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16 A notary public or other officer completing this
certificate verifies only the identity of the individual
17 who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
18 of that document.
19
20 State of California }ss
County of San Bernardino)
21 On before me, Notary Public,
22 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
23 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.
24 1 certify under PENALTY of PERJURY under the laws of the State of California that the foregoing paragraph
25 is true and correct.
26 WITNESS my hand and official seal.
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(Signature of Notary) (This area for official notarial seal)
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