HomeMy WebLinkAbout05.O- Transfer of Certain Real Property Assets from Successor Agency to Redevelopment Agency 4310 RESOLUTION (ID # 4309) DOC ID: 4309
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 Approving
the Acceptance of 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. (#4309)
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
approved LRPMP shall govern, and supersede all other provisions relating to, the
Updated: 2/11/2016 by Georgeann "Gigi" Hanna I Packet Pg. 253
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4309
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:
Supportinq Documents:
Reso - MCC Govt Use Transfers (DOCX)
Updated: 2/11/2016 by Georgeann "Gigi" Hanna Packet Pg. 254
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1 RESOLUTION NO.
2
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 v
5 CERTAIN RELATED ACTIONS. a�
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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 Q
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WHEREAS, consistent with the provisions of the HSC, on January 9, 2012 the Mayor N
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and Common Council of the City of San Bernardino elected to serve in the capacity of the N
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Successor Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor o
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Agency"); and
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WHEREAS, the Oversight Board for the Successor Agency (the "Oversight Board") Q
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has been established pursuant to HSC § 34179 to assist in the wind-down of the dissolved w
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redevelopment agency; and
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16 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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HSC § 34179.7; and c
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WHEREAS, subsequent to receiving an FOC, HSC § 34191.5 requires the Successor N
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Agency to prepare a Long-Range Property Management Plan (the "LRPMP") to address the
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21 disposition and use of the real property assets held by the Successor Agency; and v
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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24 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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26 approved LRPMP shall govern, and supersede all other provisions relating to, the disposition and
27 use of all the real property assets of the former redevelopment agency; and
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1 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
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6 this resolution; and °
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7 WHEREAS, notwithstanding the foregoing, DOF has advised the Successor Agency
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8 that its final determination with respect to whether Site No. 6, the Baseball Stadium Park, is a `o
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9 government use property remains pending; and
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10 WHEREAS, consistent with the foregoing recital, the transfer of Site No. 6, the
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11 Baseball Stadium Park, to the City as a government use property pursuant to this Resolution is
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12 conditioned upon DOF's approval of such transfer; and Q
13 WHEREAS, this resolution will authorize the City's acceptance of the Successor °
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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
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16 WHEREAS, this Resolution has been reviewed with respect to applicability of the
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17 California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines (California w
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18 Code of Regulations, Title 14, § 15000 et seq., hereafter the "Guidelines"), and the City's I
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19 environmental guidelines; and M
20 WHEREAS, this Resolution does not constitute a "project" for purposes of CEQA, as 0
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21 that term is defined by Guidelines § 15378, because this Resolution is an organizational or 0
22 administrative activity that will not result in a direct or indirect physical change in the
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23 environment,per § 15378 (b) (5) of the Guidelines; and u
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24 WHEREAS, all of the prerequisites with respect to the approval of this Resolution have E
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1 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
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6 sites to the City, as listed in Exhibit"A," at no cost, is accepted. 0
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7 Section 3. The acceptance of the transfer of Site No. 6, the Baseball Stadium Park, to
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8 the City as a government use site is conditioned upon receiving authorization to do so from the `o
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9 California Department of Finance. ;'
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10 Section 4. The City Manager is authorized and directed to execute the certificate of E
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11 acceptance included within the quitclaim deeds required to transfer nineteen (19) governmental
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12 use sites to the city, the form of which is attached hereto as Exhibit`B". Q
13 Section 5. This resolution is not a "project" for purposes of CEQA, as that term is
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14 defined by § 15378 of the Guidelines, because this resolution is an organizational or
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15 administrative activity that will not result in a direct or indirect physical change in the
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16 environment,per § 15378 (b) (5) of the Guidelines.
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17 Section 6. This resolution shall take effect upon its adoption and execution in the
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RESOLUTION OF MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
1 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.
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor v
5 and Common Council of the City of San Bernardino at a meeting
6 thereof, held on the day of , 2016, by the following
vote,to wit:
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g Council Members Ayes Nays Abstain Absent c
9 MARQUEZ
10 BARRIOS rn
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11 VALDIVIA o
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SHORETT a,
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JOHNSON
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14 MULVIHILL
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16 Georgeann Hanna,City Clerk Cl)
17 The foregoing Resolution is hereby approved this day of 12016. N
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19 R. Carey Davis,Mayor
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20 Approved as to Form:
Gary Saenz, City Attorney v
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EXHIB T "A"
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Governmental Use Real Property
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1 City Police Headquarters 710 N. "D" Street 0140-281-5
5 767 N."E" Street 0140-281-5
0134-251-57
6 0134-251-58 a)
300 N."D" Street M
0134-251-59 Q
7 0134-251-62 0
2 City Administration Campus
0134-251-60 N
8 301 N. "E" Street w
0134-311-40
9 201 N. "E" Street 0134-311-50 Cn
0134-321-24 E
1350 S. "E" Street Local Agency Administration 0141-252-0
10 3 Building 1350 S. "E" Street 0141-252-0 N
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11 0148-011-30 N
4 Shandin Hills Public Golf Park 3380 Little Mtn.Drive 0148-021-59 a
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12 1 0148-022-06 0
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5 Portion of Seccombe Lake Park 567 N. Sierra Way 0135-061-1 N
6 Baseball Stadium Park 280 S."E" Street 0136-111-23
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7 California National Guard Armory 266 E.3rd Street 0135-191-1 I`
14 8 US Army Reserve Property 296 E.3rd Street 0135-191-14
15 9 Street Right-of-Way#1 N. Stoddard Avenue 0134-141-3 c)
10 Street Right-of-Way#2 NEC Athol Street&S. "D" Street 0136-122-69 cn
16 11 Street Right-of-Way#3 E.91h Street 0278-063-2
12 Foothill Drive Water Well-Site Property Foothill Drive
0155-381-11 N
17 0155-381-45
N
13 N. "D" Street Parking Lot N. "D" Street 0134-141-3 m
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18 14 San Bernardino County Law Library Parking Lot 402 N. "D" Street 0134-151-31
15 N. "F" Street Parking Lot 450 N.F Street 0134-101-0 0
19 0134-101-1 0
16 W. 5`h Street Parking Lot 512 W.Fifth Street 0134-062-12 U
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0134-071-1
0134-071-2 0
21 17 W.Church Street Parking Lot W.Church Street 0134-071-2 0
0134-071-5
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N.Mt.Vernon Avenue/W. 5th Street Public
23 18 Lot N.Mt.Vernon/W. 5`h Street 0138-122-33
Access/Parkin
19 2003-HUB Development Parking Lot S.Tippecanoe Avenue 0281-401-1
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Form of Quitclaim Deed EXHIBIT "B"
(Not for Signature)
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RECORDING REQUESTED BY 0
Successor Agency to the Redevelopment
Agency of the
City of San Bernardino
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WHEN RECORDED MAIL TO: 0
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City of San Bernardino
300 North D Street, 6 1'Floor 0
San Bernardino,CA 92418 0
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Attn:Mark Scott,City Manager w
(Space Above Line For Use By Recorder)
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APNs: 0
This document is exempt from the Q
payment of a recording fee pursuant to 0
Government Code Section 27383
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DOCUMENTARY TRANSFER TAX$NONE
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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"), interest that Grantor may have in the real roe in the City of ~
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San Bernardino, County of San Bernardino, State of California, described in Attachment "A" attached
hereto and incorporated herein by this reference.
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SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF N
SAN BERNARDINO, a public body, corporate and
politic
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Dated By: Not for Signature
Mark Scott, Executive Director Q
Successor Agency to the
Redevelopment Agency
of the City of San Bernardino
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Packet,Pg:260 .
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.
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State of California } ss 0
County of San Bernardino} �,
On before me, a)
Notary Public,personally appeared who proved to me on Q
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the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and 0
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
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I 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 a
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(Signature of Notary) (This area for official notarial seal) cc
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Attachment "A"
LEGAL DESCRIPTION
Address:
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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
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San Bernardino to the City of San Bernardino, is hereby accepted by the undersigned officer or agent on .
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behalf of the City of San Bernardino,pursuant to authority conferred by the City of San Bernardino on
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2016,pursuant to Resolution No. 2016- and the City of
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San Bernardino consents to recordation thereof by its duly authorized officer. Q
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Dated this day of 52016.
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By: Not for Signature N
Mark Scott,City Manager N
City of San Bernardino a
Provides for:
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A notary public or other officer completing this
certificate verifies only the identity of the individual
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acknowledged to me that he/she executed the same in his/her authorized capacity, and by his/her signature y
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