HomeMy WebLinkAbout2016-026 I RESOLUTION NO. 2016-26
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 AUTHORIZING
4 THE TRANSFER OF CERTAIN REAL PROPERTY ASSETS FROM THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
5 BERNARDINO TO THE CITY OF SAN BERNARDINO PURSUANT TO THE LONG-
RANGE PROPERTY MANAGEMENT PLAN AND APPROVING CERTAIN RELATED
6 ACTIONS.
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 on February 1, 2012; and
9 WHEREAS, consistent with the provisions of the HSC, the Mayor and Common Council
10 previously elected to serve in the capacity of the Successor Agency to the Redevelopment Agency
11 of the City of San Bernardino (the "Successor Agency"); and
12 WHEREAS, the Oversight Board for the Successor Agency ("Oversight Board") has been
13 established pursuant to HSC § 34179 to assist in the wind-down of the dissolved redevelopment
14 agency; and
15 WHEREAS, on December 22, 2015, the Successor Agency received its Finding of
16 Completion (the "FOC") from the California Department of Finance (the "DOF") pursuant to HSC
17 § 34179.7; and
18 WHEREAS, subsequent to receiving an FOC, HSC § 34191.5 requires the Successor
19 Agency to prepare a Long-Range Property Management Plan (the "LRPMP") to address the
20 disposition and use of the real property assets held by the Successor Agency; and
21 WHEREAS, pursuant to HSC § 34191.5 (c), the Successor Agency prepared and filed with
22 the DOF its Oversight Board-approved Long-Range Property Management Plan; and
23 WHEREAS, in its December 31, 2015 letter, the DOF formally approved the Successor
24 Agency's LRPMP and notified the Successor Agency that pursuant to HSC § 34191.3, the approved
25 LRPMP shall govern, and supersede all other provisions relating to, the disposition and use of all
26 the real property assets of the former redevelopment agency; and
27 WHEREAS, the LRPMP includes 230 parcels of land grouped into forty-six (46) separate
28 sites, nineteen (19) of which are designated for governmental use by the City, which may now be
1
I transferred to the City at no cost pursuant to the authority granted thereof in the approved LRPMP;
2 and
3 WHEREAS, the designated governmental use sites are listed within in Exhibit "A" to this
4 resolution; and
5 WHEREAS, notwithstanding the foregoing, DOF has advised the Successor Agency that
6 its final determination with respect to whether Site No. 6, the Baseball Stadium Park, is a
7 government use property remains pending; and
8 WHEREAS, consistent with the foregoing recital, the transfer of Site No. 6, the Baseball
9 Stadium Park, to the City as a government use property pursuant to this Resolution is conditioned
10 upon DOF's approval of such transfer; and
11 WHEREAS, this resolution will authorize the Successor Agency's transfer of nineteen (19)
12 governmental use sites to the City at no cost via quitclaim deeds, the form of which is attached
13 hereto as Exhibit "B",pursuant to the LRPMP; and
14 WHEREAS, this Resolution has been reviewed with respect to applicability of the
15 California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines (California Code
16 of Regulations, Title 14, § 15000 et seq., hereafter the "Guidelines"), and the City's environmental
17 guidelines; and
18 WHEREAS, this Resolution does not constitute a "project" for purposes of CEQA, as that
19 term is defined by Guidelines § 15378, because this Resolution is an organizational or
20 administrative activity that will not result in a direct or indirect physical change in the environment,
21 per § 15378 (b) (5) of the Guidelines; and
22 WHEREAS, all of the prerequisites with respect to the approval of this Resolution have
23 been met.
24 NOW, THEREFORE, BE IT RESOLVED BY THE SUCCESSOR AGENCY TO THE
25 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO,AS FOLLOWS:
26 Section 1. The foregoing recitals are true and correct and are a substantive part of this
27 Resolution.
28
2
I Section 2. The Successor Agency's transfer of the nineteen (19) governmental use sites
2 to the City, as listed in Exhibit "A," at no cost, is approved.
3 Section 3. The transfer of Site No. 6, the Baseball Stadium Park, to the City as a
4 government use site is conditioned upon receiving authorization to do so from the California
5 Department of Finance.
6 Section 4. On behalf of the Successor Agency, the City Manager, in the capacity as
7 Executive Director of the Successor Agency, is authorized and directed to execute the quitclaim
8 deeds required to transfer nineteen (19) governmental use sites to the City, the form of which is
9 attached hereto as Exhibit"B".
10 Section 5. This Resolution is not a "project" for purposes of CEQA, as that term is
11 defined by § 15378 of the Guidelines, because this Resolution is an organizational or administrative
12 activity that will not result in a direct or indirect physical change in the environment, per § 15378
13 (b) (5) of the Guidelines.
14 Section 6. This resolution shall take effect upon its adoption and execution in the
15 manner as required by the City Charter.
16
17
18
19
20
21
22
23
24
25
26
27
28
3
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 AUTHORIZING
3 THE TRANSFER OF CERTAIN REAL PROPERTY ASSETS FROM THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
4 BERNARDINO TO THE CITY OF SAN BERNARDINO PURSUANT TO THE LONG-
RANGE PROPERTY MANAGEMENT PLAN AND APPROVING CERTAIN RELATED
5 ACTIONS.
6 1 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
10 Council Members Ayes Nays Abstain Absent
11 MARQUEZ X
BARRIOS X
12
VALDIVIA X
13
SHORETT X
14 NICKEL X
15 JOHNSON X
16 MULVIHILL X
17 '
18 Z_ � C�tli°vZ
Georgea ���, CAC,C, City Clerk
19
The foregoing resolution is hereby approved this ) day of February 2016.
20
21 ` eLYi�' 1
22 R. Carey Davi , Chairman
Successor Ag ncy to the
23 Redevelopment Agency of the
24 City of San Bernardino
Approved as to Form:
25 Gary D. Saenz, City Attorney
26 -�
By:
27
28
4
1
2 EXHIBIT "A"
3
4
5
ite
6 710 N. "D" Street 0140-281-52
1 City Police Headquarters 767 N. "E" Street 0140-281-54
7 0134-251-57
8 300 N. "D" Street 0134-251-58
0134-251-59
0134-251-62
9 2 City Administration Campus 0134-251-60
301 N. "E" Street 0134-311-40
10 0134-311-50
201 N. "E" Street 0134-321-24
11
3 1350 S. "E" Street Local Agency Administration 1350 S 0141-252-04
S. "E" Street 0141-252-06
12 Building
0148-011-30
13 4 Shandin Hills Public Golf Park 3380 Little Mtn.Drive 0148-021-59
0148-022-06
14 5 Portion of Seccombe Lake Park 567 N. Sierra Wy 0135-061-19
6 Baseball Stadium Park 280 S. "E" Street 0136-111-23
15 7 California National Guard Armory 266 E.3rd Street 0135-191-13
8 US Army Reserve Property 296 E.3rd Street 0135-191-14
16 9 Street Right-of-Way#1 N. Stoddard Avenue 0134-141-36
r12 Street Right-of-Way 92 NEC Athol Street&S. "D" Street 0136-122-69
17 Street Right-of-Way#3 E.9 Street 0278-063-21
18 Foothill Drive Water Well-Site Property Foothill Drive 0155-381-11
0155-381-45
19 N. "D" Street Parking Lot N. "D" Street 0134-141-34
14 San Bernardino County Law Library Parking Lot 402 N. "D" Street 0134-151-31
20 15 N. "F" Street Parking Lot 450 N.F Street 0134-101-09
0134-101-10
21 16 W. 5 Street Parking Lot 512 W.Fifth Street 0134-062-12
0134-071-19
22 17 W. Church Street Parking Lot W.Church Street 0134-071-24
0134-071-26
23 0134-071-58
18 N. Mt. Vernon Avenue/W. 5th Street Public N.Mt.Vernon/W. 5t'Street 0138-122-33
24 Access/Parkin Lot
19 2003-HUB Development Parking Lot S. Tippecanoe Avenue 0281-401-13
25
26
27
28
5
1
2 EXHIBIT "B"
3 Form of Quitclaim Deed
4 (Not for Signature)
5
6
RECORDING REQUESTED BY
7
Successor Agency to the Redevelopment
Agency of the
8 City of San Bernardino
9 WHEN RECORDED MAIL TO:
City of San Bernardino
10 300 North D Street,6"'Floor
San Bernardino, CA 92418
11
Attn: Mark Scott, City Manager
12 (Space Above Line For Use By Record r)
APNs:
13 This document is exempt from t ie
payment of a recording fee pursuant to
14 Government Code Section 273 3
15 DOCUMENTARY TRANSFER TAX$NO E
16
(i) QUITCLAIM DEED
17
18 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the Successor Agency
to the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (the
19 "Grantor") does hereby remise, release and quitclaim to the City of San Bernardino, a public body, corporate
and politic (the "Grantee"), any interest that Grantor may have in the real property in the City of San
20 Bernardino, County of San Bernardino, State of California, described in Attachment"A" attached hereto and
incorporated herein by this reference.
21
22
SUCCESSOR AGENCY TO THE
23 REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO, a public body, corporate and
24 politic
25
Dated By: Not for Signature
26 Mark Scott, Executive Director
Successor Agency to the
27 Redevelopment Agency
of the City of San Bernardino
28
6
1
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.
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 on
10 the instrument the person, or entity upon behalf of which the person acted, executed the instrument.
11 I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
12
WITNESS my hand and official seal.
13
14
15 (Signature of Notary) (This area for official notarial seal)
16
17
18
19
20
21
22
23
24
25
26
27
28
7
1
Attachment "A"
2
LEGAL DESCRIPTION
3
Address:
4 APN(s):
5
6
7 LEGAL DESCRIPTION(S)
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8
I
CERTIFICATE OF ACCEPTANCE
2
This is to certify that the interest in real property conveyed by written deed or grant dated
3 , 2016 from the Successor Agency to the Redevelopment Agency of the City of San
Bernardino to the City of San Bernardino, is hereby accepted by the undersigned officer or agent on behalf of
4 the City of San Bernardino,pursuant to authority conferred by the City of San Bernardino on
5 ' 2016, pursuant to Resolution No. 2016- and the City of San
Bernardino consents to recordation thereof by its duly authorized officer.
6 Dated this day of
' 2016.
7
8
9 By: Not for Signature
10 Mark Scott, City Manager
City of San Bernardino
11
Provides for:
12
Site No. Site Reference Name Address APN
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
9
1
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
7 State of California } ss
County of San Bernardino}
8
On before me, , Notary Public,
9 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 that he/she
10 executed the same in his/her authorized capacity, and by his/her signature on the instrument the person, or
11 entity upon behalf of which the person acted, executed the instrument.
12 I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
13 WITNESS my hand and official seal.
14
15 -
(Signature of Notary) (This area for official notarial seal)
16
17
18
19
20
21
22
23
24
25
26
27
28
10