HomeMy WebLinkAbout2016-165 1 RESOLUTION NO. 2016-165
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3 RESOLUTION OF MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO APPROVING THE ACCEPTANCE OF THE TRANSFER OF CERTAI
4 REAL PROPERTY ASSETS FROM THE SUCCESSOR AGENCY TO THE
5 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO PURSUANT T
THE DIRECTION OF THE CALIFORNIA DEPARTMENT OF FINANCE AN
6 APPROVING CERTAIN RELATED ACTIONS
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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;
to and
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
is 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
17 redevelopment agency; and
18 WHEREAS, on September 15, 2015, the Successor Agency submitted its Oversight
19 Board-approved Long-Range Property Management Plan (the "LRPMP") to the California
20 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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property assets held by the Successor Agency, includes 230 parcels of land grouped into
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forty-six (46) separate sites, seven (7) of which are designated as future development sites
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and are listed within in Exhibit"A" to this Resolution; and
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WHEREAS, pursuant to HSC § 34179.7, on December 22, 2015, the Successor
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Agency received its Finding of Completion (the "FOC") from DOF that, among other
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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-
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designated future development sites (the "DOF Directive"); and
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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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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 City's acceptance of the Successor
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Agency's transfer of the LRPMP-designed future development sites to the City, including all
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tangible and intangible personal property related thereto, at no cost via quitclaim deeds that
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include a certificate of acceptance, the format of which is incorporated within the form quitclaim
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deed that is 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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11 Code of Regulations, Title 14, § 15000 et seq., hereafter the "Guidelines"), and the City'
12 environmental guidelines; and
13 WHEREAS, this Resolution does not constitute a "project" for purposes of CEQA, as
14 that term is defined by Guidelines § 15378, 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; and
17 WHEREAS, all of the prerequisites with respect to the approval of this Resolution have
18 been met.
19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
21 COUNCIL OF THE CITY OF SAN BERNARDINO AS 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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accepted.
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Section 3. The transfer of the LRPMP-designated future development sites to the
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City is accepted under the proviso that the City will only transfer the LRPMP-designated
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future development sites to third party entities subsequent to the approval of a compensation
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I agreement by all affected taxing entities.
2 Section 4. The City Manager is authorized and directed to execute the certificate
3 of acceptance included within the quitclaim deeds required to transfer the LRPMP-
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designated future development sites to the City, the format of which is included within
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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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is defined by Guidelines § 15378, because this Resolution is an organizational or
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administrative activity that will not result in a direct or indirect physical change in the
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environment, per § 15378 (b) (5) of the Guidelines.
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11 Section 6. This resolution shall take effect upon its adoption and execution in the
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manner as required by the City Charter.
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1 RESOLUTION OF MAYOR AND COMMON COUNCIL OF THE CITY OF SA
2 BERNARDINO APPROVING THE ACCEPTANCE OF THE TRANSFER OF CERTAI
REAL PROPERTY ASSETS FROM THE SUCCESSOR AGENCY TO THE
3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO PURSUANT T
THE DIRECTION OF THE CALIFORNIA DEPARTMENT OF FINANCE AN
4 APPROVING CERTAIN RELATED ACTIONS
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6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
7 Community Development Commission of the City of San Bernardino at a joint regular meeting
8 thereof, held on the 1St day of August, 2016, by the following vote to wit:
9 Commission Members: Ayes Nays Abstain Absent
10 MARQUEZ X
11 BARRIOS X
12 VALDIVIA X
13 SHORETT X
14 NICKEL X
15 RICHARD X
16 MULVIHILL X
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1 a Geor earn anna, CM ,pity Clerk
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The foregoing resolution is hereby approved this s —day of August, 2016.
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21 ;2- L
22 R. Carey Davis ayor
23 City of San B rnardino
Approved as to form:
24 Gary D. Saenz, City Attorney
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By'
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1 EXHIBIT A
2 Future Development U.�e Assets
Sit
No.e Site Reference Address . .
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0134-221-43
4 0134-182-04
0134-181-28
0134-211-38
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396 N. "E" Street 0134-211-34
333 N. "H" Street 0134-301-22
6 20 Carousel Mall 144 Carousel Mall 0134-231-27
120-295 Carousel Mall 0134-231-28
7 322-344 North E Street 0134-231-29
0134-301-20
8 0134-291-11
0134-231-31
9 0134-221-45
0140-273-21
10 0134-121-27
0134-131-35
11 780 N. "E" Street 0134-121-25
21 Theater Square 450 N. "E" Street 0134-131-29
12 562 W. 4th Street 0134-131-28
0134-131-37
0134-131-36
13 0134-131-10
0134-131-30
14 0134-053-20
0134-053-21
15 th N. "H' Street 0134-053-22
W. 5 Street / W. Spruce 0134-053-23
22 Street / N. "H" Street W. Spruce Street
16 746 W. 5th Street 0134-053-25
Commercial Property 0134-053-26
W. Spruce Street
0134-054-07
17 0134-054-08
0134-054-09
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th 575 W. 5th Street 0134-093-07
23 Vacant W. 5 Street 701 W. 5th Street 0134-093-08
19 Commercial Property 490 N. "G" Street 0134-093-09
20 Vacant N. Mt. Vernon Avenue & 552 N. Mt. Vernon Avenue 0138-114-09
24 Vacant W. Spruce Street 1316 Spruce Street 0138-114-10
21 Commercial Property 578 N. Mt. Vernon Avenue 0138-114-11
0138-114-18
25 ARCO Gas Station (1) 542 N. Mt. Vernon Avenue 0138-115-13
22 0261-111-21
0261-111-23
23 0261-111-25
0261-111-29
24 0261-111-30
0261-111-33
25 Vacant N. Little League Drive
Macro Address: 0261-111-35
26 & I-215 Residential Property N. Little League Drive / 0261-111-37
I-215 0261-111-40
26 0261-121-01 to -03
0261-121-13
27 0261-121-14
0261-451-01 to -48
28 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
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Successor Agency to the
5 Redevelopment Agency of the
City of San Bernardino
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7 WHEN RECORDED MAIL TO:
8 City of San Bernardino
300 North D Street, 6th Floor
San Bernardino, CA 92418
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Attn: Mark Scott, City Manager
10 (Space Above Line For Use By Recorder)
11 APNs: This document is exempt from the
payment of a recording fee pursuant to
12 Government Code Section 27383
13 DOCUMENTARY TRANSFER TAX $NONE
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QUITCLAIM DEED
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FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the Successor
17 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
18 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,
19 County of San Bernardino, State of California, described in Attachment "A" attached
hereto and incorporated herein by this reference.
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21 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a
public body, corporate and politic
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23 Dated By: NOT FOR SIGNATURE
24 Mark Scott, Executive Director
Successor Agency to the
25 Redevelopment Agency
of the City of San Bernardino
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A notary public or other officer completing this
2 certificate verifies only the identity of the
individual who signed the document to which this
3 certificate is attached, and 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
satisfactory evidence to be the person whose name is subscribed to the within
8 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.
11 WITNESS my hand and official seal.
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13 (Signature of Notary)
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(This area for official notarial seal)
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1 Attachment "A"
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LEGAL DESCRIPTION
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4 Address :
5 APN (s) :
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8 LEGAL DESCRIPTION(S)
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I 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 1 2016 from the Successor Agency to the Redevelopment
4 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
5 to authority conferred by the City of San Bernardino on August , 2016, pursuant to
Resolution No. 2016- and the City of San Bernardino consents to recordation
6 thereof by its duly authorized officer.
Dated this day of 2016.
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9 By: NOT FOR SIGNATURE
Mark Scott, City Manager
10 City of San Bernardino
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13 Provides for:
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Site
17 Site
Reference Address APN
18 No.
Name
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I 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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6 State of California
} ss
7 County of San Bernardino }
8 On before me, , Notary
Public, personally appeared who proved to me
9 on the basis of satisfactory evidence to be the person whose
10 name is subscribed to the within instrument and who acknowledged
to me that he/she executed the same in his/her authorized
11 capacity, and by his/her signature on the instrument the person,
12 or entity upon behalf of which the person acted, executed the
instrument .
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I certify under PENALTY of PERJURY under the laws of the State
14 of California that the foregoing paragraph is true and correct.
15 WITNESS my hand and official seal .
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(Signature of Notary) (This area for
18 official notarial seal)
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