HomeMy WebLinkAbout2016-164 I RESOLUTION NO. 2016-164
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL ACTING AS THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY O
4 SAN BERNARDINO AUTHORIZING THE TRANSFER OF CERTAIN REAL
5 PROPERTY ASSETS FROM THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO THE CIT
6 OF SAN BERNARDINO PURSUANT TO THE DIRECTION OF THE CALIFORNI
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DEPARTMENT OF FINANCE AND APPROVING CERTAIN RELATED ACTIONS
8 WHEREAS, pursuant to Health and Safety Code (the "HSC") § 34172 (a) (1), the
9 Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012;
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11 WHEREAS, consistent with the provisions of the HSC, on January 9, 2012 the
12 Mayor and Common Council of the City of San Bernardino elected to serve in the capacity of
13 the Successor Agency to the Redevelopment Agency of the City of San Bernardino (the
14 "Successor Agency"); and
15 WHEREAS, the Oversight Board for the Successor Agency ("Oversight Board")
16 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 September 15, 2015, the Successor Agency submitted its Oversight
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Board-approved Long-Range Property Management Plan (the "LRPMP") to the California
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Department of Finance (the "DOF"); and
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WHEREAS, the LRPMP, which addresses the disposition and use of the real
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23 property assets held by the Successor Agency, includes 230 parcels of land grouped into
24 forty-six (46) separate sites, seven (7) of which are designated as future development sites
25 and are listed within in Exhibit "A" to this Resolution; and
26 WHEREAS, pursuant to HSC § 34179.7, on December 22, 2015, the Successor
27 Agency received its Finding of Completion (the "FOC") from DOF that, among other
28 matters, enabled the Successor Agency's eligibility for a DOF approval of its LRPMP; and
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1 WHEREAS, on December 31, 2015, the DOF approved the Successor Agency's
2 LRPMP and notified the Successor Agency that pursuant to HSC § 34191.3, the approved
3 LRPMP shall govern, and supersede all other provisions relating to the disposition and use of
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all the real property assets of the former redevelopment agency; and
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WHEREAS, notwithstanding the foregoing recital, in its letter dated May 17, 2016,
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the DOF: (i) directed the Successor Agency to transfer LRPMP-designated future
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development sites to the City; and (ii) reduced the Successor Agency's property maintenance
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budget by $1,124,000, the majority of which would have been used to maintain LRPMP-
to designated future development sites (the "DOF Directive"); and
11 WHEREAS, DOF's diminishment of funding needed to maintain the Successor
12 Agency's real property assets has caused a financial necessity to the transfer of the LRPMP-
13 designated future development sites (i.e., LRPMP site Nos. 20-26) to the City as soon as
14 possible and to accelerate, where possible, the ultimate disposition of such assets to third
15 party entities; and
16 WHEREAS, it is staff's, general counsel's and special counsel's view that the DOF
17 Directive may be inconsistent with the provisions of HSC § 34191.3 and the LRPMP as it
18 relates to the disposition of future development sites; and
19 WHEREAS, HSC § 34191.3 provides that an approved LRPMP supersedes all other
20 provisions of the HSC related to the disposition of the real property assets of the former
21 redevelopment agency and the approved LRPMP provides that the disposition of future
22 development sites may only occur subsequent to the approval of a compensation agreement
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by all affected taxing entities consistent with HSC § 34180 (f) (1); and
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WHEREAS, notwithstanding the inconsistency of the DOF Directive, it
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recommended that the Successor Agency and the City comply with the DOF Directive by
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transferring the LRPMP-designated future development sites to the City with the proviso that
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28 the City will only transfer the LRPMP-designated future development sites to third party
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1 entities subsequent to the approval of a compensation agreement by all affected taxing
2 entities, thus ensuring consistency with the intent of HSC § 34191.3 and the LRPMP; and
3 WHEREAS, this Resolution will authorize the Successor Agency's transfer of the
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LRPMP-designed future development sites to the City, including all tangible and intangible
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personal property related thereto, at no cost via quitclaim deeds, the form of which is
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attached hereto as Exhibit"B"; and
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WHEREAS, this Resolution has been reviewed with respect to applicability of the
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California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines (California
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to Code of Regulations, Title 14, § 15000 et seq., hereafter the "Guidelines"), and the City's
11 environmental guidelines; and
12 WHEREAS, this Resolution does not constitute a "project" for purposes of CEQA,
13 as that term is defined by Guidelines § 15378, because this Resolution is an organizational or
14 administrative activity that will not result in a direct or indirect physical change in the
15 environment, per § 15378 (b) (5) of the Guidelines; and
16 WHEREAS, all of the prerequisites with respect to the approval of this Resolution
17 have been met.
18 NOW, THEREFORE, BE IT RESOLVED BY THE SUCCESSOR AGENCY
19 TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AS
20 FOLLOWS:
21 Section 1. The foregoing recitals are true and correct and are a substantive part of
22 this Resolution.
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Section 2. The Successor Agency's transfer of the LRPMP-designated future
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development sites, as described within Exhibit "A"to this Resolution, to the City at no cost is
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hereby approved.
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Section 3. The transfer of the LRPMP-designated future development sites to the
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City is authorized under the proviso that the City will only transfer the LRPMP-designated
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1 future development sites to third party entities subsequent to the approval of a compensation
2 agreement by all affected taxing entities.
3 Section 4. On behalf of the Successor Agency, the City Manager, in the capacity
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as Executive Director of the Successor Agency, is authorized and directed to execute the
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quitclaim deeds required to transfer the LRPMP-designated future development sites to the
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City, the form of which is included within Exhibit"B" to this Resolution.
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Section 5. This Resolution is not a"project" for purposes of CEQA, as that term
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9 is defined by Guidelines § 15378, because this Resolution is an organizational or
to administrative activity that will not result in a direct or indirect physical change in the
11 environment, per § 15378 (b) (5) of the Guidelines.
12 Section 6. This resolution shall take effect upon its adoption and execution in the
13 manner as required by the City Charter.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL ACTING AS THE
2 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY O
SAN BERNARDINO AUTHORIZING THE TRANSFER OF CERTAIN REAL
3 PROPERTY ASSETS FROM THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO THE CIT
4 OF SAN BERNARDINO PURSUANT TO THE DIRECTION OF THE CALIFORNI
5 DEPARTMENT OF FINANCE AND APPROVING CERTAIN RELATED ACTIONS
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
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Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency to
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the Redevelopment Agency of the City of San Bernardino at a joint regular meeting thereof,
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held on the 1St day of August, 2016, by the following vote to wit:
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Commission Members: Ayes Nays Abstain Absent
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12 MARQUEZ X
BARRIOS X
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14 VALDIVIA X
15 SHORETT X
16 NICKEL X
17 RICHARD X
MULVIHILL X
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20 Geor eamAlanna, CM((-,"City Clerk
21 The foregoing resolution is hereby approved this j 'day of August, 2016.
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23 tow
24 R. Carey Davis/Mayor
City of San Be nardino
25 Approved as to form:
Gary D. Saenz, City Attorney
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27 By.
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1
Exhibit A
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Future Development Use Real Property
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4 0134-221-•43
0134-182-04
5 0134-181-28
0134-211-38
396 N. "E" Street 0134-211-34
6 333 N. "H" Street 0134-301-22
20 Carousel Mall 144 Carousel Mall 0134-231-27
7 120-295 Carousel Mall 0134-231-28
322-344 North E Street 0134-231-29
8 0134-301-20
0134-291-11
9 0134-231-31
0134-221-45
10 0140-273-21
0134-121-27
11 0134-131-35
780 N. "E" Street 0134-121-25
12 21 Theater Square 450 N. "E" Street 0134-131-29
562 W. 4th Street 0134-131-28
0134-131-37
13 0134-131-36
0134-131-10
14 0134-131-30
0134-053-20
15 0134-053-21
to N. "H' Street
0134-053-22
W. 5 Street / W. Spruce 0134-053-23
16 22 Street / N. "H" Street
W. Spruce Street 0134-053-25
Property Commercial Pro 746 W. 5 Street
17 p y W. Spruce Street 0139-053-26
0134-054-07
0134-054-08
18 0134-054-09
th 575 W. 5th Street 0134-093-07
19 23 Vacant W. 5 Street 701 W. 5th Street 0134-093-08
Commercial Property 490 N. "G" Street 0134-093-09
20 0138-114-09
Vacant N. Mt. Vernon Avenue & 552 N. Mt. Vernon Avenue 0138-114-10
21 24 Vacant W. Spruce Street 1316 Spruce Street
Commercial Property 578 N. Mt. Vernon Avenue 0138-114-11
0138-114-18
22 25 ARCO Gas Station (1) 542 N. Mt. Vernon Avenue 0138-115-13
0261-111-21
23 0261-111-23
0261-111-25
24 0261-111-29
0261-111-30
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0261-111-33 26 Vacant N. Little League Drive Macro Address: 0261-111-35
N. Little League Drive / 0261-111-37
26 & I-215 Residential Property 1-215 0261-111-40
0261-121-01 to -03
27 0261-121-13
0261-121-14
28 0261-451-01 to -48
0261-461-01 to -66
0261-171-06
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1 EXHIBIT "B"
2 Form of Quitclaim Deed
(Not for Signature)
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RECORDING REQUESTED BY
Successor Agency to the
4 Redevelopment Agency of the
City of San Bernardino
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WHEN RECORDED MAIL TO:
6 City of San Bernardino
300 North D Street, 6th Floor
7 San Bernardino, CA 92418
8 Attn: Mark Scott, City Manager
(Space Above Line For Use By Recorder)
9 APNs:
This document is exempt from the
payment of a recording fee pursuant to
10 Government Code Section 27383
11 DOCUMENTARY TRANSFER TAX $NONE
12 QUITCLAIM DEED
13 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
the Successor Agency to the Redevelopment Agency of the City of San
14 Bernardino, a public body, corporate and politic (the "Grantor") does
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hereby remise, release and quitclaim to the City of San Bernardino, a
public body,y, corporate and politic (the "Grantee") , any interest that
16 Grantor may have in the real property in the City of San Bernardino,
County of San Bernardino, State of California, described in Attachment
17 "A" attached hereto and incorporated herein by this reference.
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19 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
20 BERNARDINO, a public body, corporate and politic
21 Dated: By: NOT FOR SIGNATURE
22 Mark Scott, Executive Director
Successor Agency to the
23 Redevelopment Agency
of the City of San Bernardino
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A notary public or other officer completing
2 this certificate verifies only the identity
of the individual who signed the document
to which this certificate is attached, and
3 not the truthfulness, accuracy, or validity
of that document.
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State of California } ss
6 County of San Bernardino }
7 On before me, Notary Public,
personally appeared who proved to me on the basis of
8 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
9 upon behalf of which the person acted, executed the instrument.
10 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.
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13 (Signature of Notary)
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15 (This area for official notarial seal)
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1 Attachment "A"
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3 LEGAL DESCRIPTION
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5 Address :
6 APN (s) :
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9 LEGAL DESCRIPTION(S)
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1 CERTIFICATE OF ACCEPTANCE
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3 This is to certify that the interest in real property conveyed by
written deed or grant dated f 2016
4 from the Successor Agency to the Redevelopment Agency of the City of
San Bernardino to the City of San Bernardino, is hereby accepted by
5 the undersigned officer or agent on behalf of the City of San
Bernardino, pursuant to authority conferred by the City of San
6 Bernardino on August 1 2016, pursuant to Resolution No.
2016- and the City of San Bernardino consents to recordation
7 thereof by its duly authorized officer.
8 Dated this day of
9 2016.
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By: NOT FOR SIGNATURE
11 Mark Scott, City Manager
City of San Bernardino
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13 Provides for:
14 Site Site Reference
Address APN
No. Name
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1 A notary public or other officer completing
this certificate verifies only the identity
2 of the individual who signed the document
to which this certificate is attached, and
3 not the truthfulness, accuracy, or validity
of that document.
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5
State of California 1 ss
6 County of San Bernardino 1
7 On before me, , Notary Public,
personally appeared who proved to me on the basis of
8 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
9 authorized capacity, and by his/her signature on the instrument the person, or entity
upon behalf of which the person acted, executed the instrument.
10 1 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.
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(Signature of Notary)
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15 (This area for official notarial seal)
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