HomeMy WebLinkAbout2016-027 I RESOLUTION NO. 2016-27
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RESOLUTION OF MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO APPROVING THE ACCEPTANCE OF THE TRANSFER OF CERTAIN
REAL PROPERTY ASSETS FROM THE SUCCESSOR AGENCY TO THE
4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO PURSUANT TO
THE LONG-RANGE PROPERTY MANAGEMENT PLAN AND APPROVING
5 CERTAIN RELATED ACTIONS.
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WHEREAS, pursuant to Health and Safety Code (the "HSC") § 34172 (a)(1), the
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Redevelopment Agency of the City of San Bernardino was dissolved February 1, 2012; and
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WHEREAS, consistent with the provisions of the HSC, on January 9, 2012 the Mayor
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and Common Council of the City of San Bernardino elected to serve in the capacity of the
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Successor Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor
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Agency"); and
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WHEREAS, the Oversight Board for the Successor Agency (the "Oversight Board")
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has been established pursuant to HSC § 34179 to assist in the wind-down of the dissolved
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redevelopment agency; and
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WHEREAS, on December 22, 2015, the Successor Agency received its Finding of
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Completion (the "FOC") from the California Department of Finance (the "DOF") pursuant to
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1$ HSC § 34179.7; and
WHEREAS, subsequent to receiving an FOC, HSC § 34191.5 requires the Successor
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Agency to prepare a Long-Range Property Management Plan (the "LRPMP") to address the
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disposition and use of the real property assets held by the Successor Agency; and
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WHEREAS, pursuant to HSC § 34191.5 (c), the Successor Agency prepared and filed
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with the DOF its Oversight Board-approved Long-Range Property Management Plan; and
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WHEREAS, in its December 31, 2015 letter, the DOF formally approved the Successor
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Agency's LRPMP and notified the Successor Agency that pursuant to HSC § 34191.3, the
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approved LRPMP shall govern, and supersede all other provisions relating to, the disposition and
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use of all the real property assets of the former redevelopment agency; and
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I WHEREAS, the LRPMP includes 230 parcels of land grouped into forty-six (46)
2 separate sites, nineteen (19) of which are designated for governmental use by the City, which
3 may now be transferred to the City at no cost pursuant to the authority granted thereof in the
4 approved LRPMP; and
5 WHEREAS, the designated governmental use sites are listed within in Exhibit "A" to
6 this resolution; and
7 WHEREAS, notwithstanding the foregoing, DOF has advised the Successor Agency
8 that its final determination with respect to whether Site No. 6, the Baseball Stadium Park, is a
9 government use property remains pending; and
10 WHEREAS, consistent with the foregoing recital, the transfer of Site No. 6, the
11 Baseball Stadium Park, to the City as a government use property pursuant to this Resolution is
12 conditioned upon DOF's approval of such transfer; and
13 WHEREAS, this resolution will authorize the City's acceptance of the Successor
14 Agency's transfer of nineteen (19) governmental use sites to the City at no cost via quitclaim
15 deeds, the form of which is attached hereto as Exhibit"B", pursuant to the LRPMP; and
16 WHEREAS, this Resolution has been reviewed with respect to applicability of the
17 California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines (California
18 Code of Regulations, Title 14, § 15000 et seq., hereafter the "Guidelines"), and the City's
19 environmental guidelines; and
20 WHEREAS, this Resolution does not constitute a "project" for purposes of CEQA, as
21 that term is defined by Guidelines § 15378, because this Resolution is an organizational or
22 administrative activity that will not result in a direct or indirect physical change in the
23 environment, per § 15378 (b) (5) of the Guidelines; and
24 WHEREAS, all of the prerequisites with respect to the approval of this Resolution have
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I NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
2 COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
3 Section 1. The foregoing recitals are true and correct and are a substantive part of
4 this Resolution.
5 Section 2. The Successor Agency's transfer of the nineteen (19) governmental use
6 sites to the City, as listed in Exhibit"A," at no cost, is accepted.
7 Section 3. The acceptance of the transfer of Site No. 6, the Baseball Stadium Park, to
8 the City as a government use site is conditioned upon receiving authorization to do so from the
9 California Department of Finance.
10 Section 4. The City Manager is authorized and directed to execute the certificate of
11 acceptance included within the quitclaim deeds required to transfer nineteen (19) governmental
12 use sites to the city, the form of which is attached hereto as Exhibit"B".
13 Section 5. This resolution is not a "project" for purposes of CEQA, as that term is
14 defined by § 15378 of the Guidelines, because this resolution is an organizational or
15 administrative activity that will not result in a direct or indirect physical change in the
16 environment, per § 15378 (b) (5) of the Guidelines.
17 Section 6. This resolution shall take effect upon its adoption and execution in the
18 manner as required by the City Charter.
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RESOLUTION OF MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
I BERNARDINO APPROVING THE ACCEPTANCE OF THE TRANSFER OF CERTAIN
REAL PROPERTY ASSETS FROM THE SUCCESSOR AGENCY TO THE
2 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO PURSUANT TO
THE LONG-RANGE PROPERTY MANAGEMENT PLAN AND APPROVING
3 CERTAIN RELATED ACTIONS.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on
6 the 16th day of February, 2016, by the following vote, to wit:
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Council Members Ayes Nays Abstain Absent
8 MARQUEZ X
9 BARRIOS X
10 VALDIVIA X
11 SHORETT X
12 NICKEL X
13 JOHNSON X
MULVIHILL X
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15 �Ge`®rgea Hanna, , City Clerk
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The foregoing Resolution is hereby approved this ! G v day of February, 2016.
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R. Carey Davi ,Mayor
19 City of San rnardino
Approved as to Form:
20 Gary Saenz, City Attorney
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By:
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EXHIBIT "A"
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Government(d Use Real Property Assets
Site Site R�Iereiwe A(Uress ,
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710 N. "D" Street 0140-281-5
5 1 City Police Headquarters 767 N. "E" Street 0140-281-5
0134-251-57
6 0134-251-58
300 N. "D" Street 0134-251-59
7 0134-251-62
2 City Administration Campus 0134-251-60
8 301 N. "E" Street 0134-311-40
0134-311-50
9 201 N. "E" Street 0134-321-24
1350 S. "E" Street Local Agency Administration 0141-252-0
10 3 1350 S. „E Street
Building 0141-252-0
0148-011-30
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4 Shandin Hills Public Golf Park 3380 Little Mtn.Drive 0148-021-59
0148-022-06
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5 Portion of Seccombe Lake Park 567 N. Sierra Way 0135-061-1
13 6 Baseball Stadium Park 280 S. "E" Street 0136-111-23
7 California National Guard Armory 266 E.3rd Street 0135-191-1
14 8 US Army Reserve Property 296 E. 3rd Street 0135-191-14
9 Street Right-of-Way#1 N. Stoddard Avenue 0134-141-3
15 10 Street Right-of-Way#2 NEC Athol Street&S. "D" Street 0136-122-69
16 11 Street Right-of-Way#3 E. 9 h Street 0278-063-2
0155-381-11
12 Foothill Drive Water Well-Site Property Foothill Drive 0155-381-45
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13 N. "D" Street Parking Lot N. "D" Street 0134-141-3
18 14 San Bernardino County Law Library Parking Lot 402 N. "D" Street 0134-151-31
0134-101-0
19 15 N. "F" Street Parking Lot 450 N.F Street 0134-101-1
16 W. 5"'Street Parking Lot 512 W.Fifth Street 0134-062-12
20 0134-071-1
0134-071-2
21 17 W. Church Street Parking Lot W.Church Street 0134-071-2
0134-071-5
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18 N. Mt. Vernon Avenue/W. 5th Street Public N.Mt.Vernon/W. 5 b Street 0138-122-33
23 Access/Parkin Lot
19 2003-HUB Development Parking Lot S.Tippecanoe Avenue 0281-401-1
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EXHIBIT "B"
Form of Quitclaim Deed
(Not for Signature)
RECORDING REQUESTED BY
Successor Agency to the Redevelopment
Agency of the
City of San Bernardino
WHEN RECORDED MAIL TO:
City of San Bernardino
300 North D Street,01'Floor
San Bernardino, CA 92418
Attn: Mark Scott, City Manager
(Space Above Line For Use By Recorder)
APNs:
This document is exempt from the
payment of a recording fee pursuant to
Government Code Section 27383
DOCUMENTARY TRANSFER TAX$NONE
a. QUITCLAIM DEED
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 "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 Bernardino, County of San Bernardino, State of California, described in Attachment "A" attached
hereto and incorporated herein by this reference.
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO, a public body, corporate and
politic
Dated By: Not for Signature
Mark Scott,Executive Director
Successor Agency to the
Redevelopment Agency
of the City of San Bernardino
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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.
State of California } ss
County of San Bernardino}
On before me,
Notary Public, 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 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.
I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Signature of Notary) (This area for official notarial seal)
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Attachment"A"
LEGAL DESCRIPTION
Address:
APN(s):
LEGAL DESCRIPTION(S)
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by written deed or grant dated
, 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 the City of San Bernardino, pursuant to authority conferred by the City of San Bernardino on
, 2016, pursuant to Resolution No. 2016- and the City of
San Bernardino consents to recordation thereof by its duly authorized officer.
Dated this day of 12016.
By: Not for Signature
Mark Scott, City Manager
City of San Bernardino
Provides for:
Site No. Site Reference Name Address APN
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.
State of California } ss
County of San Bernardino}
On before me, Notary
Public, 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 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.
I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Signature of Notary) (This area for official notarial seal)