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Home My WebLink AboutCC Resolution 14134 (CC Transfer Properties from SA to City (unsigned))RESOLUTION NO. 14134 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING GOVERNMENTAL USE PROPERTIES FROM THE SAN RAFAEL SUCCESSOR AGENCY WHEREAS, the California state legislature enacted Assembly Bill xl 26 (the "Dissolution Act") to dissolve redevelopment agencies formed under the Community Redevelopment Law (Health and Safety Code Section 33000 et seg.); and WHEREAS, on January 3, 2012, the City Council (the "City Council") of the City of San Rafael (the "City") adopted Resolution No. 13279 declaring that the City would act as successor agency (the "Successor Agency") for the dissolved San Rafael Redevelopment Agency (the "Former Redevelopment Agency") effective February 1, 2012; and WHEREAS, on February 1, 2012, the Former Redevelopment Agency was dissolved pursuant to Health and Safety Code Section 34172; and WHEREAS, the Dissolution Act provides for the appointment of an oversight board (the "Oversight Board") with specific duties to approve certain Successor Agency actions pursuant to Health and Safety Code Section 34180 and to direct the Successor Agency in certain other actions pursuant to Health and Safety Code Section 34181; and WHEREAS, pursuant to AB 1484 ("AB 1484"), enacted June 27, 2012 to amend various provisions of the Dissolution Act, the Successor Agency is now declared to be a separate legal entity from the City; and WHEREAS, the Successor Agency has received a finding of completion from the State Department of Finance (the "DOF") pursuant to Health and Safety Code Section 34179.7 by letter dated November 24, 2014; and WHEREAS, in accordance with Health and Safety Code Section 34191.5, the Successor Agency has prepared a long-range property management plan, dated May 18, 2015, that provides for the disposition and use of the real property assets of the Former Redevelopment Agency (the "Long -Range Property Management Plan"); and WHEREAS, pursuant to Health and Safety Code Section 34191.5(b), the Successor Agency must submit the Long -Range Property Management Plan to the Oversight Board and DOF) no later than six months following the issuance by the DOF to the Successor Agency of the finding of completion pursuant to Health and Safety Code Section 34179.7; and WHEREAS, pursuant to Health and Safety Code Section 34191.5, the Oversight Board approved the Long -Range Property Management Plan by Resolution No. 2015-5 on May 18, 2015; and 141\01\1908199.1 WHEREAS, pursuant to Health and Safety Code Section 34181(a) and (f), after due notice, the Oversight Board, by Resolution No. 2015-6 on May 18, 2015, also approved the transfer to the City of governmental use properties identified in the following table ("Transfer Properties") as proposed in the Long -Range Property Management Plan: No. APN Address 1-3. 009-032-06,07,08 Pickleweed Park 4 011-205-01 5 011-205-15 6 011-224-05 7 011-224-06 8 011-252-10 9 011-256-34 10-11 011-261-26,30 12 011-263-05 13-15 011-271-12,13,14 16 011-271-16 17 013-012-24, 18 013-012-26 19 013-014-45 20 013-021-47 21 013-041-44 22. 014-123-06 23. 018-014-53 1317 Fifth Sessi Ally 813 Fifth 809 Fifth 1412 Second Easement between B & C and 3rd & 4th A Street 941 Fourth 830 Third Street Commercial Place Alleyway Andersen Drive Palm Promenade median Sewer Pump Station Frontage to 788 Lincoln Remnant from 101 HOV Project -Rice Drive Secondary City Storage Facility Andersen Drive & FBW Referenced as: Existing Park & Community Center 5th & D parking Sessi Alley Parking lot Parking lot Parking lot Easement between B & C and 3 r & 4th Parking structure Alleyway -pedestrian access Third -Cijos Parking Lot 914 Lootens access Andersen @ A Street Andersen @ A Street Second & EFB Turn lane- Second @ Lincoln ROW —Rice & FBW 519 Fourth Street Andersen Drive WHEREAS, pursuant to Health and Safety Code Section 34191.5, the Successor Agency submitted the Oversight Board -approved Long -Range Property Management Plan to the DOF on May 21, 2015, which included the transfer to the City of the Transfer Properties as governmental use properties; and WHEREAS, the DOF has reviewed and approved the Long -Range Property Management Plan by letter dated November 23, 2015; and WHEREAS, on June 20, 2016, the Successor Agency adopted a resolution approving transfer of the Transfer Properties to the City as directed by the Oversight Board in Oversight Board Resolution No. 2015-6 pursuant to Health and Safety Code Section 34181(a) and as set forth in Long -Range Property Management Plan approved by the Oversight Board and the DOF ("Successor Agency Transfer Resolution"); and 141\01\1908199.1 WHEREAS, by staff report accompanying this Resolution and incorporated into this Resolution by this reference ("Staff Report"), the City Council has been provided with additional information upon which the findings and actions set forth in this Resolution are based. NOW, THEREFORE, the City Council of the City of San Rafael resolves as follows based on all information submitted to or considered by the City Council during its deliberations on this matter: Section 1. Recitals Correct. The foregoing recitals are true and correct. Section 2 Acceptance of Transfer Properties. The City hereby agrees to accept conveyance of the Transfer Properties, which are the governmental use properties, as set forth in the Long -Range Property Management Plan, conditioned upon the effectiveness of the Successor Agency Transfer Resolution. Section 3. Further Actions and Documents. The Mayor or the City Manager, acting alone, following consultation with the City Attorney, is authorized to take all actions and execute Certificates of Acceptance, Preliminary Change of Owner Reports, and all documents on behalf of the City necessary to effectuate the transfer of the Transfer Properties to the City and to effectuate the purpose of this Resolution, conditioned upon the effectiveness of the Successor Agency Transfer Resolution. Section 4. Effectiveness of Resolution. This Resolution shall go into full force and effect on the date of its adoption. I, ESTHER C. BEIRNE, City Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 20th day of June 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: Gamblin, McCullough and Vice -Mayor Colin NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bushey and Mayor Phillips t 0& M ESTHER BEIRNE, City Clerk 141\01\1908199.1 C/TY OF Agenda Item No: 3.e n4 Meeting Date: June 20, 2016 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Economic Development Prepared by: Tom Adams City Manager Approval: Economic Dev. Coordinator TOPIC: Transfer of governmental use properties from San Rafael Successor Agency to the City SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING TRANSFER OF GOVERNMENTAL USE PROPERTIES FROM THE SAN RAFAEL SUCCESSOR AGENCY TO THE CITY RECOMMENDATION: ADOPT RESOLUTION ACCEPTING TRANSFER FROM THE SAN RAFAEL SUCCESSOR AGENCY TO THE CITY OF GOVERNMENTAL USE PROPERTIES, CONSISTENT WITH HEALTH AND SAFETY CODE SECTIONS 34181(a) AND 34191.3 AND THE OVERSIGHT BOARD AND DEPARTMENT OF FINANCE (DOF) APPROVED LONG-RANGE PROPERTY MANAGEMENT PLAN BACKGROUND: On December 29, 2011, the California Supreme Court delivered its decision in California Redevelopment Association v. Matosantos, finding that ABx1 26 (the "Dissolution Act") was constitutional and as a result, all California redevelopment agencies, including the San Rafael Redevelopment Agency were dissolved on February 1, 2012. On January 3, 2012, the City Council adopted Resolution No. 13279 accepting for the City the role of Successor Agency to the former San Rafael Redevelopment Agency. Upon dissolution of the former Redevelopment Agency on February 1, 2012, the ownership of all former Redevelopment Agency properties transferred to the Successor Agency pursuant to Health and Safety Code Section 34175(b). The Successor Agency is now responsible for the disposition of the former Redevelopment Agency properties in accordance with the procedures and requirements of ABx1 26 and AB 1484, as amended, the statutes that govern the dissolution of the former redevelopment agencies and the liquidation of its former property. In conjunction with consideration of the Successor Agency's Long Range Property Management Plan ("LRPMP"), the Successor Agency has recommended transfer of former Redevelopment Agency parcels to the City, in accordance with Health and Safety Code Section FOR CITY CLERK ONLY File No.: 2-19 x SA Staff Reports Council Meeting: 06/20/2016 Disposition: Resolution 14134 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 34181(a), which expressly authorizes the transfer to the City of properties that are used for governmental purposes. ANALYSIS: The recommended action to transfer properties from the San Rafael Successor Agency to the City of San Rafael is one of the final steps required to comply with the law dissolving redevelopment agencies. Under the dissolution laws, the disposition of the properties owned by the former Redevelopment Agency is addressed in a LRPMP. The Successor Agency prepared a LRPMP, dated May 18, 2015, that provides for the disposition and use of the real property assets of the former Redevelopment Agency. In that plan, 23 properties were designated as governmental use properties to be transferred to the City, as set forth in the following table ("Transfer Properties"): im 1-3 4 5 6 7 8 9 10-11 12 13-15 16 17 18 19 20 21 22 23 APN 009-032- 06,07,08 011-205-01 011-205-15 011-224-05 011-224-06 011-252-10 011-256-34 011-261-26,30 011-263-05 011-271- 12,13,14 011-271-16 013-012-24, 013-012-26 013-014-45 013-021-47 013-041-44 014-123-06 018-014-53 Address Pickleweed Park 1317 Fifth Sessi Alley 813 Fifth 809 Fifth 1412 Second Easement between B & C and 3rd & 4th A Street 941 Fourth 830 Third Street Commercial Alleyway Andersen Drive Palm Promenade median Sewer Pump Station Frontage to 788 Lincoln Referenced as: Existing Park & Community Center 5th & D parking Sessi Alley Parking lot Parking lot Parking lot Easement between B & C and 3rd & 4th Parking structure Alleyway -pedestrian access Third -Cijos Parking Lot Place 914 Lootens access Remnant from 101 HOV Project -Rice Drive Andersen @ A Street Andersen @ A Street Second & EFB Turn lane- Second @ Lincoln ROW —Rice & FBW Secondary City Storage 519 Fourth Street Facility Andersen Drive & FBW Andersen Drive The Oversight Board approved the LRPMP by Resolution No. 2015-5 on May 18, 2015 and also approved the transfer to the City of Transfer Properties as required under the dissolution law by Resolution No. 2015-6 on May 18, 2015. The Successor Agency submitted the Oversight Board - approved LRPMP to the California Department of Finance on May 21, 2015. The DOF has reviewed and approved the LRPMP, including the transfer of the Transfer Properties to the City, by letter dated November 23, 2015. 141\01\1908197.1 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 To implement the LRPMP, the Successor Agency adopted a resolution on June 20, 2016 authorizing the transfer of the 23 Transfer Properties to the City by grant deed ("Successor Agency Transfer Resolution"). The Successor Agency Transfer Resolution will become effective after Oversight Board approval and DOF approval or failure to object within a specified time frame as set forth in Health and Safety Code Sections 34179(h) and 34181(f). The City needs to accept all properties transferred to it. FISCAL IMPACT: The transfer of these properties to the City will be at no cost to the City. There will be a significant positive long term fiscal impact from the transfer, as these properties are used for governmental purposes and without them alternative properties would need to be purchased to achieve these governmental purposes. OPTIONS: 1. Adopt Resolution as presented. 2. Adopt Resolution with modifications. 3. Direct staff to return with more information. RECOMMENDED ACTION: Adopt the Resolution accepting the transfer of governmental use properties from the San Rafael Successor Agency to the City of San Rafael upon the effectiveness of the Successor Agency Transfer Resolution. ATTACHMENTS: • Resolution • Grant Deeds for 23 City of San Rafael 141\01\1908197.1 Parcels to be Transferred from Redevelopment Successor Agency to the