HomeMy WebLinkAbout2017-1641
2
3
4
5
6
7
8
9
10
11
12'
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2017-164
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE ACCEPTANCE BY THE CITY OF FIRE
STATION NO. 221 LOCATED AT 200 E. 3RD STREET, SAN BERNARDINO FROM
THE SUCCESSOR AGENCY TO THE CITY OF SAN BERNARDINO, AND
APPROVING CERTAIN RELATED ACTIONS
WHEREAS, pursuant to Health and Safety Code (the "HSC") § 34172 (a) (1), the
Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; and
WHEREAS, consistent with the provisions of the HSC, the Mayor and City Council of
the City of San Bernardino (the "City") previously elected to serve in the capacity of the
Successor Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor
Agency"); and
WHEREAS, the Oversight Board to the Successor Agency (the "Oversight Board") has
been established pursuant to HSC § 34179 to assist in the wind -down of the dissolved
redevelopment agency; and
WHEREAS, as a part of an annexation process involving the transfer of City -operated
fire services to the San Bernardino County Fire Protection District (the "SBCFPD"), Fire Station
No. 221, located at 200 East 3rd Street (the "Fire Station Property"), will ultimately be transferred
to the SBCFPD (the annexation became effective July 1, 2016); and
WHEREAS, although the City was required to transfer all of its active fire stations to
the SBCFPD, the parties understood that the City would need to obtain the Fire Station Property
from the Successor Agency and thereafter transfer the Fire Station Property to the SBCFPD; and
WHEREAS, as an interim and stop -gap measure, the Successor Agency and the
SBCFPD entered into that certain Possession and Occupancy Agreement, dated July 1, 2016, to
allow the SBCFPD to occupy and operate the Fire Station Property for the provision of fire
protection and related services to the community for a period of up to two years to allow the
Successor Agency to transfer the Fire Station Property to the City, which thereafter would permit
the City to transfer the Fire Station Property to the SBCFPD; and
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS, on September 15, 2015, the Successor Agency submitted its Oversight
Board -approved Long -Range Property Management Plan (the "LRPMP") to the California
Department of Finance (the "DOF"); and
WHEREAS, on December 31, 2015, the DOF 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 disposition and use of all
the real property assets of the former redevelopment agency; and
WHEREAS, due to the manner in which the ownership name was registered within San
Bernardino County's official records, the Fire Station Property did not appear as an asset of the
former redevelopment agency and thus was not included within the LRPMP; and
WHEREAS, pertinent background information and history with respect to the Fire
Station Property is provided in the Information Summary, attached hereto as Exhibit "A"; and
WHEREAS, although the Fire Station Property is not included within the LRPMP, HSC
§ 34181 (a) will permit the Successor Agency to transfer ownership of real property assets that
were constructed and used for a governmental purpose, such as roads, school buildings, parks,
police and fire stations, libraries, and local agency administrative buildings, to the appropriate
public jurisdiction (the "Government Use Assets"), subject to the approval of the Oversight
Board and DOF; and
WHEREAS, the Fire Station Property is a Government Use Asset, as it was acquired,
constructed, and used as a fire station, and will continue to be used for such purposes on a going
forward basis; and
WHEREAS, subject to separate approvals by the Oversight Board and DOF, adoption
of this Resolution will authorize the acceptance by the City of the Fire Station Property from the
Successor Agency, at no cost for governmental purposes pursuant to a quitclaim deed, the form
of which is included within Exhibit `B" to this Resolution; and
WHEREAS, once the Fire Station Property is transferred to the City, the City intends to
transfer the Fire Station Property to the SBCFPD; and
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS, this Resolution has been reviewed with respect to applicability of the
California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines (California
Code of Regulations, Title 14, § 15000 et seq., hereafter the "CEQA Guidelines"), and the
City's environmental guidelines; and
WHEREAS, this Resolution does not constitute a "project" for purposes of CEQA, as
that term is defined by CEQA Guidelines § 15378, because this Resolution is an organizational
or administrative activity that will not result in a direct or indirect physical change in the
environment, per § 15378 (b) (5) of the CEQA Guidelines; and
WHEREAS, all of the prerequisites with respect to the approval of this Resolution have
been met.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
I SAN BERNARDINO AS FOLLOWS:
Section 1. The foregoing recitals are true and correct and are a substantive part of
this Resolution.
Section 2. The Successor Agency's transfer of the Fire Station Property to the City,
at no cost, is accepted.
Section 3. The City Manager, or her designee, is authorized and directed to: i)
execute a certificate of acceptance with respect to the Successor Agency's
transfer the Fire Station Property to the City, the form of which is attached
to the quitclaim deed which is included within Exhibit "B," attached
hereto; and ii) take such other actions and execute such other documents
as are necessary to effectuate the intent of this Resolution.
Section 4. This Resolution is not a "project" for purposes of CEQA, as that term is
defined by Guidelines § 15378, because this Resolution is an
organizational or administrative activity that will not result in a direct or
indirect physical change in the environment, per § 15378 (b) (5) of the
CEQA Guidelines.
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16.
17'.
18'.
19''
20'.
21'.
22
23
24
25
26
27
28
Section 5. This Resolution shall take effect only after its adoption and execution in
the manner as required by the City's Municipal Code and the approval by
the Oversight Board and the DOF of the transfer of the Fire Station
Property to the City.
0
1
2i
3'.
4'
5I'
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE ACCEPTANCE BY THE CITY OF FIRE
STATION NO. 221 LOCATED AT 200 E. 3R' STREET, SAN BERNARDINO FROM
THE SUCCESSOR AGENCY TO THE CITY OF SAN BERNARDINO, AND
APPROVING CERTAIN RELATED ACTIONS
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 16th
day of Augts_t 2017, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ X
C::: •_
VALDIVIA X(M)
SHORETT X
NICKEL X(S)
RICHARD X
MULVIHILL X
ABSTAIN ABSENT
Georgea Hanna, C, City Clerk
The foregoing Resolution is hereby approved this 16th day of August 2017.
R. Carey Davis ayor
City of San B ardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
G
1
2
3
4
5 A.
6
7
g B.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT "A"
FIRE STATION NO. 221— 200 E. 3R' STREET
(APN 0135-181-63)
INFORMATION SUMMARY
Permissible Use HSC $ 3419-1.5 (c) (2)):
The Fire Station No. 221, located at 200 East 3rd Street (the "Fire Station Property"), is
proposed to be transferred to the City of San Bernardino, at no cost, for governmental use
pursuant to HSC § 34181 (a).
Acauisition ofPronerty (HSC 6 34191.5 (c)(1)(A) and 6 34191.5 (c)(1)(B
Property records indicate that the Fire Station Property was acquired by the Agency on
January 26, 1982, from the City's surplus lands and it carries a Book Value of $0.00.
The Agency acquired the Fire Station Property in 1982 in order to meet the revitalization
goals of the City and Agency to alleviate the existence and spread of physical and
economic blight by developing the Property through the issuance of bonds to construct a
fire station, which was then leased back to the City for the amount of the debt service. At
the conclusion of the lease, which also was the completion of the debt service period for
the bonds, the City was entitled to obtain fee simple title to the Fire Station Property from
the former redevelopment agency within a prescribed period of time, which has lapsed.
In other words, the City was required to request the change of ownership.
Notwithstanding this, it was a commonly held belief among City staff that the Fire
Station Property was held in the name of the City. In addition, the manner in which title
to the Fire Station Property was reported by the County of San Bernardino County (the
inference was that the City was the property owner) contributed to the Fire Station
Property being over -looked when a City-wide title search was conducted to ensure that
all of the former RDA's real property would be included within the LRPMP.
Given its public use, the estimated current value (the "ECV") of the Fire Station Property
is $1.00.
C. Site Information (HSC �5 34191.5 (c)(1)(0):
The Fire Station Property consists of one (1) 0.27 -acre parcel (APN 0135-181-63) located
at 200 E. 3rd Street (see attachment to Information Summary). The Fire Station Property
is zoned Commercial Office (CO) in the City's General Plan. The purpose of the CO
zone is to provide for the continued use, expansion, and new development of
administrative and professional offices, hospitals, and supporting retail uses in proximity
to major transportation corridors and ensure their compatibility with adjacent residential
and commercial uses.
As a part of an annexation process involving the transfer of City operated fire services to
the San Bernardino County Fire Protection District (the "SBCFPD"), the Fire Station
Property will ultimately be transferred to the SBCFPD. The annexation became effective
July 1, 2016. Pursuant to that process, it was discovered that the Fire Station Property
Con
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ra
I E.
va
was a Successor Agency asset. Although the City was required to transfer all of its active
fire stations to the SBCFPD, the parties understood that the City would need to obtain the
Fire Station Property from the Successor Agency and thereafter transfer the Fire Station
Property to the SBCFPD. As an interim and stop -gap measure, the Successor Agency
and the SBCFPD entered into that certain Possession and Occupancy Agreement, dated
July 1, 2016, to allow the SBCFPD to occupy the Fire Station Property for the provision
of fire protection and related services to the community for a period of up to two years to
allow the Successor Agency to transfer the Fire Station Property to the City, which
thereafter will permit the City to transfer the Fire Station Property to the SBCFPD at no
cost.
Estimated Current Value (HSC k 34191.5 (c) (1) (D]):
The Agency has determined that the ECV for the Fire Station Property is $1.00.
Site Revenues (HSC § 34191.5 (c)(1) (E)1:
There are no site revenues generated from the Fire Station Property.
Historr of Environmental Contamination (HSC .$ 34191.5 (c)(1)(F)):
There is no known history of environmental contamination.
G. Potential for Transit Oriented Development (TOD) and the Advancement of Planning
Objectives of the Successor AFency (HSC ,$ 34191.5 (c)(1�{GW:
There is no potential for Transit Oriented Development ("TOD").
H. History of -Previous Development Proposals and Activity (HSC:4 34191.5 (c)(1)(H)):
There is no other history of previous development proposals or activities in conjunction
with the Fire Station Property.
II
Disposition of Pro er
The Fire Station Property is proposed to be transferred to the City of San Bernardino, at
no cost, for governmental use pursuant to HSC § 34181 (a).
J. Implementation of the Lon Ran a Pr9perti, Management Plan:
The transfer of the Fire Station Property to the City of San Bernardino will take place
upon DOF's approval of the Oversight Board Resolution specifically authorizing the
transfer. The transfer will occur at no cost to the City.
I http://Qeotracker.waterboards.ca.gov/map!?CMD=runreport&myaddress=200+E+3rd+St.%2C+san+bemardino%2C+ca
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1115 tl+1 IS PEP Itl[ IOIF�S[
cP PP vllEl[1 iF,FrIEI CIL•
Assessor
Attachment to Information Summary
Pin. Wozencraft Place City of Son Bernardino 0135 - 8
M.B. 547 Tax Rate Area
7062
-- -19N-_- __ __ - — STI11-- tl,
I I
I
PF,IE EC
EP1'«] FY
ilEa No 17701. W F L.i61-li, CEe1E Fln C6 -307%33i Assessor's Map n„Froea
PIF Fn,EI Yap Ne 9.77, r.M. 96!3-1 Pin. N.E. 1/4, Sec. 10 Book 0135 Page 18
PIF P.—I Yap 7115 P u 6W-7 T.1S., R.4W. San Bernardino County
V
lo'' C l✓.
� U
L
_ Pu��,,r::. I y�,Par. 1
tiv F: � `,� � ,
:
3 1
s
F7
-�11--=
i23-�__=�=-'�-20
23
I'
---3r1
—__ -
— __.___ __
__
__- V1111
X31
�l
PF,IE EC
EP1'«] FY
ilEa No 17701. W F L.i61-li, CEe1E Fln C6 -307%33i Assessor's Map n„Froea
PIF Fn,EI Yap Ne 9.77, r.M. 96!3-1 Pin. N.E. 1/4, Sec. 10 Book 0135 Page 18
PIF P.—I Yap 7115 P u 6W-7 T.1S., R.4W. San Bernardino County
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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, 6a' Floor
San Bernardino, CA 92418
Attn: Andrea M. Miller, City
I
EXHIBIT "B"
Form of Quitclaim Deed
(Not for Signature)
(Space Above Line For Use By Recorder)
This document is exempt from the
payment of a recording fee pursuant to
Government Code Section 27383
DOCUMENTARY TRANSFER TAX
$NONE
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.
21
22
23
24
25
26 Dated
27
28
Z
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO, a public
entity established and existing under the
constitution of the State of California
By: NOT FOR SIGNATURE
Andrea M. Miller, Executive Director
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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)
10
(This area for official notarial seal)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ommosommmmmommonommmmmmmmmmmmmmmmommonamommmmmmmmmmmmmmmmmmmommmmmmmmmmommmmmmI
Attachment "A"
LEGAL DESCRIPTION
Address:
APN(s):
LEGAL DESCRIPTION
11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by written deed or grant dated
, 2017 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 , 2017, pursuant to Resolution No. 2017- and the City
of San Bernardino consents to recordation thereof by its duly authorized officer.
Dated this day of 12017.
By: NOT FOR SIGNATURE
Andrea M. Miller, City Manager
City of San Bernardino
Provides for:
Site Site Reference Address APN
No. Name
A not 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)
12
(This area for official notarial seal)