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HomeMy WebLinkAbout05.N- Transfer of Certain Real Property Assets from Successor Agency to Redevelopment Agency 4309 RESOLUTION (ID # 4310) DOC ID: 4310 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Conveyance of Property From: Lisa Connor M/CC Meeting Date: 02/16/2016 Prepared by: Lisa Connor, (909) 663- 1044 Dept: Successor Agency Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino Authorizing the Transfer of Certain Real Property Assets from the Successor Agency to the Redevelopment Agency of the City of San Bernardino to the City of San Bernardino Pursuant to the Long-Range Property Management Plan and Approving Certain Related Actions. (#4310) Current Business Registration Certificate: Not Applicable Financial Impact: The Successor Agency's transfer of nineteen (19) governmental use sites to the City will not create any new Successor Agency financial obligations. Motion: Adopt the Resolution. Synopsis of Previous Council Action: None. Background: Pursuant to Health and Safety Code ("HSC") § 34172 (a) (1), the Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012. Consistent with the provisions of the HSC, the Mayor and Common Council previously elected to serve in the capacity of the Successor Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor Agency"). The Oversight Board for the Successor Agency ("Oversight Board") has been established pursuant to HSC § 34179 to assist in the wind-down of the dissolved redevelopment agency. On December 22, 2015, the Successor Agency received its Finding of Completion (the "FOC") from the California Department of Finance (the "DOF") pursuant to HSC § 34179.7. Subsequent to receiving an FOC, HSC § 34191.5 requires the Successor Agency to prepare a Long-Range Property Management Plan (the "LRPMP") to address the disposition and use of the real property assets held by the Successor Agency. Pursuant to HSC § 34191.5 (c), the Successor Agency prepared and filed with the DOF its Oversight Board-approved Long-Range Property Management Plan. In its December 31, 2015 letter, the DOF formally approved the Successor Agency's LRPMP and notified the Successor Agency that pursuant to HSC § 34191.3, the Pack Updated: 2/11/2016 by Georgeann "Gigi" Hanna et Pg 247. 5.N 4310 approved LRPMP shall govern, and supersede all other provisions relating to, the disposition and use of all the real property assets of the former redevelopment agency. The LRPMP includes 230 parcels of land grouped into 46 sites, 19 of which are designated for governmental use by the City, which may now be transferred to the City at no cost pursuant to the authority granted thereof in the approved LRPMP. The designated governmental use sites are listed within in Exhibit "A" to the attached resolution. Notwithstanding the foregoing, DOF has advised the Successor Agency that its final determination with respect to whether Site No. 6, the Baseball Stadium Park, is a government use property remains pending. Therefore, the transfer of Site No. 6, the Baseball Stadium Park, to the City as a government use property pursuant to the attached resolution is conditioned upon DOF's approval of such transfer. Approval of the attached resolution will authorize the Successor Agency's transfer of 19 governmental use sites to the City at no cost via quitclaim deeds, the form of which is included as Exhibit "B" to the attached resolution. Fiscal Impact The Successor Agency's transfer of 19 governmental use sites to the City will not create any new Successor Agency financial obligations. City Attorney Review: Supporting Documents: Reso - SA Govt Use Transfers (DOC) Updated: 2/11/2016 by Georgeann "Gigi" Hanna Packet Pg. 242 1 RESOLUTION NO. 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. n WHEREAS, pursuant to Health and Safety Code (the "HSC") § 34172 (a)(1), the a 8 0 Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; and a. 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 L 12 WHEREAS, the Oversight Board for the Successor Agency ("Oversight Board") has been ° M 13 established pursuant to HSC § 34179 to assist in the wind-down of the dissolved redevelopment 14 agency; and o 2 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 L 18 WHEREAS, subsequent to receiving an FOC, HSC § 34191.5 requires the Successor N M 19 Agency to prepare a Long-Range Property Management Plan (the "LRPMP") to address the 0 20 disposition and use of the real property assets held by the Successor Agency; and carp 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 E 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 Q 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 arcels of land p 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 Packet 243°" 5.N.a 1 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 N d 6 its final determination with respect to whether Site No. 6, the Baseball Stadium Park, is a N Q 7 government use property remains pending; and a� CL 8 WHEREAS, consistent with the foregoing recital, the transfer of Site No. 6, the Baseball ° a. 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 ° as 11 WHEREAS, this resolution will authorize the Successor Agency's transfer of nineteen(19) L 12 governmental use sites to the City at no cost via quitclaim deeds, the form of which is attached c M 13 hereto as Exhibit`B",pursuant to the LRPMP; and 14 WHEREAS, this Resolution has been reviewed with respect to applicability of the = 0 .N 15 California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines (California Code W 16 of Regulations, Title 14, § 15000 et seq., hereafter the "Guidelines"), and the City's environmental L w 17 guidelines; and L 18 WHEREAS, this Resolution does not constitute a "project" for purposes of CEQA, as that y 19 term is defined by Guidelines § 15378, because this Resolution is an organizational or o 20 administrative activity that will not result in a direct or indirect physical change in the environment, y 21 per § 15378 (b) (5) of the Guidelines; and d 22 WHEREAS, all of the prerequisites with respect to the approval of this Resolution have as 23 been met. E �a 24 NOW, THEREFORE, BE IT RESOLVED BY THE SUCCESSOR AGENCY TO THE a 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 r Packet Pg. 244 5.N.a 1 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. N d 6 Section 4. On behalf of the Successor Agency, the City Manager, in the capacity as N a 7 Executive Director of the Successor Agency, is authorized and directed to execute the quitclaim t d CL 8 deeds required to transfer nineteen (19) governmental use sites to the City, the form of which is a 9 attached hereto as Exhibit`B". 10 Section 5. This Resolution is not a "project" for purposes of CEQA, as that term is w N 11 defined by § 15378 of the Guidelines, because this Resolution is an organizational or administrative L 12 activity that will not result in a direct or indirect physical change in the environment, per § 15378 0 M 13 (b) (5) of the Guidelines. t""► 14 Section 6. This resolution shall take effect upon its adoption and execution in the o .2 15 manner as required by the City Charter. 16 17 L 18 19 /// c c� 20 /// < 21 m 22 c as 23 /// E 24 a 25 26 27 28 3 Packet`Pg.245 1 2 EXHIBIT "A" 3 4 Governmental Real Property 5 Site Reference Address APN w m 710 N. "D" Street 0140-281-52 w 1 City Police Headquarters Q 7 767 N. "E" Street 0140-281-54 0134-251-57 0 8 300 N. "D" Street 0134-251-58 0 0134-251-59 a 9 2 City Administration Campus 0134-251-62 d 0134-251-60 301 N. "E" Street y- 10 0134-311-40 0 201 N. "E" Street 0134-311-50 4T 11 0134-321-24 N c 1350 S. "E" Street Local Agency Administration 0141-252-04 12 3 Building 1350 S. "E" Street 0141-252-06 ~ 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 c 6 Baseball Stadium Park 280 S."E" Street 0136-111-23 N 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 u 16 9 1 Street Right-of-Way#1 N. Stoddard Avenue 0134-141-36 m 10 Street Right-of-Way#2 NEC Athol Street&S. "D" Street 0136-122-69 w 17 11 Street Right-of-Way#3 E.9` Street 0278-063-21 0155-381-11 18 12 Foothill Drive Water Well-Site Property Foothill Drive m 0155-381-45 19 13 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 0 0 20 15 N. "F" Street Parking Lot 450 N.F Street 0134-101-09 Q 0134-101-10 U) 21 16 W. 5 Street Parking Lot 512 W.Fifth Street 0134-062-12 H 0134-071-19 22 17 W.Church Street Parking Lot W. Church Street 0134-071-24 0134-071-26 m 23 0134-071-58 E N.Mt.Vernon Avenue/W. 5th Street Public 0 24 18 Access/Parkin Lot N.Mt.Vernon/W. 5h Street 0138-122-33 Q 19 2003-HUB Development Parking Lot S.Tippecanoe Avenue 0281-401-13 25 26 27 28 5 PacketPg. 247; 1 2 EXHIBIT `B" 3 Form of Quitclaim Deed 4 (Not for Signature) 5 N d 6 N N RECORDING REQUESTED BY a, 7 Successor Agency to the Redevelopment Agency of the C. 8 City of San Bernardino a 9 WHEN RECORDED MAIL TO: City of San Bernardino c 10 300 North D Street,6`h Floor San Bernardino,CA 92418 N 11 � Attn:Mark Scott,City Manager t= 12 (Space Above Line For Use By Recorder) c APNs: M 13 This document is exempt from tlie payment of a recording fee pursuant o 14 Government Code Section 273%3 0 2 15 DOCUMENTARY TRANSFER TAX$NO E 16 L (i) QUITCLAIM DEED 17 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the Successor Agency E' 18 to the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (the N 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 Q incorporated herein by this reference. N 21 y a� 22 SUCCESSOR AGENCY TO THE a=i 23 REDEVELOPMENT AGENCY OF THE CITY OF E SAN BERNARDINO, a public body, corporate and 24 politic Q 25 26 Dated By: Not for Signature Mark Scott,Executive Director Successor Agency to the 27 Redevelopment Agency 28 of the City of San Bernardino Packet Pg:248- 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 N d 6 State of California } ss a 7 County of San Bernardino} d 8 On before me, o Notary Public,personally appeared who proved to me on the a 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. ° d 11 I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. P 12 c WITNESS my hand and official seal. 13 -- 14 0 (Signature of Notary) (This area for official notarial seal) y 15 a'� 16 I- 17 N L 18 N 19 0 c� 20 y 21 m 22 _ m 23 E 24 a 25 26 27 28 7 Packet Pg.249 5�:N-.a . 1 Attachment"A" 2 LEGAL DESCRIPTION 3 4 Address: APN(s): 5 N a� 6 t/1 Q 7 LEGAL DESCRIPTION(S) m Q. 8 0 CL 9 a� 10 ° a� ° 11 h 12 c M 13 v n r 14 0 T 15 16 0 d 17 c ° 18 N 19 0 cD 20 < 21 ° N d 22 G d 23 E ° 24 a 25 26 27 28 8 Packet Pg.250 1 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. d 6 Dated this day of q 7 ,2016. as 0. 8 ° a. 9 By: Not for Signature 10 Mark Scott, City Manager o City of San Bernardino 11 � Provides for: 1211 c Site No. Site Reference Name Address APN M 13 14 c 15 16 d w 17 c 18 N D 19 > 0 20 y 21 a� 22 c Q 23 E 24 a 25 26 27 28 9 = Packef Pg�251 1 2 A notary p ublic 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 ^. a� 6 y Q 7 State of California } ss County of San Bernardino} c 8 a 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 c 10 executed the same in his/her authorized capacity, and by his/her signature on the instrument the person, or I- 11 entity upon behalf of which the person acted, executed the instrument. ca I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing 12 paragraph is true and correct. ° M 13 WITNESS my hand and official seal. 14 N 15 > (Signature of Notary) (This area for official notarial seal) X 16 L w 17 N ° L 18 d N D 19 > 20 Cn 21 ° ° as 22 ,;.; _ a� 23 E ° 24 a 25 26 27 28 10 .Packet Pg: