HomeMy WebLinkAboutCC AG PKT 2013-12-09 #SA3I Z04:3 Q AU4 1161U iTi I =1 0 k
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DATE: December 9, 2013
THRU: Jill R. Ingram, Executive Director
FROM: Victoria L. Beatley, Director of Finance
That the Successor Agency adopt Resolution No. SA13-05 pursuant to Health
and Safety Code Section 34191.5:
(i) Approving the Long-Range Property Management Plan (the
LRPMP) substantially in the form attached as Exhibit A to the
resolution;
(ii) Finding that approval of the LRPMP is not a project pursuant to
the California Environmental Quality Act; and
(iii) Directing the transmittal of the resolution to the Department of
Finance.
Pursuant to Health and Safety Code Section 34175(b) and the California
Supreme Court's decision in California Redevelopment Association, et al. v. Ana
Matosantos, et al. (53 CalAth 231(2011)), on February 1, 2012, all real
properties of the former City of Seal Beach Redevelopment Agency (the Agency)
transferred to the control of the Successor Agency to the Agency by operation of
law.
Pursuant to Health and Safety Code Section 34191.5(b), the Successor Agency
must prepare a long-range property management plan (the LRPMP) that
addresses the disposition and use of the real properties of the former Agency.
The LRPMP must be submitted to the Oversight Board and the Department of
Finance (the DOF) for approval no later than six months following the issuance
by DOF to the Successor Agency of a finding of completion pursuant to Health
and Safety Code Section 34179.7. The DOF issued a finding of completion to
the Successor Agency on July 16, 2013.
Agenda Item— 3
The Successor Agency has prepared a LRPNIP which addresses the disposition
and use of the real properties of the former Agency and includes the information
required pursuant to Health and Safety Code Section 34191.5(c). Pursuant to
Section 34191.5(c), the LRPMP includes an inventory providing specified
information, if applicable, about each of the real properties, including, among
other things, the date of acquisition, the value on the date of acquisition, the
estimated current value, and a history of previous development proposals.
Permissible uses of the properties include the retention of the property for
governmental use pursuant to Health and Safety Code Section 34181(a), the
retention of the property for future development, the sale of the property, or the
use of the property to fulfill an enforceable obligation.
Pursuant to Health and Safety Code Section 34180(j), at the same time the
Successor Agency submits the LRPMP to the Oversight Board, the Successor
Agency shall submit the LRPMP to the County Administrative Officer, the County
Auditor - Controller, and DOF.
The attached resolution approves the LRPNIP in substantial form and authorizes
the Executive Director of the Successor Agency, in consultation with the
Successor Agency's legal counsel, to modify the LRPNIP as the Executive
Director or the Successor Agency's legal counsel deems necessary or advisable.
Approval of the LRPMP is not a project for purposes of the California
Environmental Quality Act (Pub. Res. Code Section 21000 et seq.) and the
CEQA Guidelines (14 Cal Code Regs 15000 et seq.) because it is an
organizational or administrative activity of government that will not result in direct
or indirect physical changes in the environment (CEQA Guidelines Section
15378(b)(5)). Further, it can be seen with certainty that there is no possibility that
approval of the LRPMP may have a significant effect on -the environment, and
thus the action is exempt from CEQA (CEQA Guidelines Section 15061(b)(3)).
Update
When the Other Funds Due Diligence Report (DDR) was completed, the vacant
land parcel listed in the DDR was identified as Zoeter Field. In the process of
preparing the LRPNIP staff discovered that the vacant land parcel was actually
located on Adolfo Lopez. Discussions with the DOF determined that the best
approach would be to report the correct parcel on the LRPMP which has been
done.
ENVIRONMENTAL IMPACT:
There is no Environmental Impact related to this item.
Page 2
LEGAL ANALYSIS:
Legal Counsel has reviewed and approved as to form.
There is no financial impact at this time.
That the Successor Agency adopt Resolution No. SA13-05 pursuant to Health
and Safety Code Section 34191.5:
0) Approving the Long-Range Property Management Plan (the
LRPMP) substantially in the form attached as Exhibit A to the
resolution;
(ii) Finding that approval of the LRPMP is not a project pursuant to
the California Environmental Quality Act; and
(iii) Directing the transmittal of the resolution to the Department of
Finance.
SUBMITTED BY:
Victoria L. Beatley
Director of Finance
Page 3
7A. Ingram, e Director
RESOLUTION NUMBER SA13~05
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE CITY
OF SEAL BEACH REDEVELOPMENT AGENCY APPROVING
THE LONG-RANGE PROPERTY MANAGEMENT PLAN
PREPARED BY THE SUCCESSOR AGENCY PURSUANT TO
HEALTH AND SAFETY CODE SECTION 34191'5,
DETERMINING THAT APPROVAL OF THE LONG-RANGE
PROPERTY MANAGEMENT PLAN IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING
CERTAIN ACTIONS |N CONNECTION THEREWITH
A. Pursuant to Health and Safety Code Section 34175(N and the
California Supreme Court's decision inCalifornia Redevelopment Association, at
a{ x Ana Mabosanbos, et al. (53Cai4th 231(2011)). on February 1' 2012. all
aose1a, properties, ozntroth», |eaeeo, books and records, bui|dingo, and
equipment of the former City of Seal Beach Redevelopment Agency (the Agency)
transferred to the control of the Successor Agency to the Agency (the Successor
Agency) by operation cflaw.
B. Pursuant to Health and Safety Code Section 34181.5(b)' the
Successor Agency must prepare a long-range property management plan which
addresses the disposition and use of the real properties of the former Agency,
and which must be submitted to the Oversight Board of the Successor Agency
(the Oversight Board) and the Department of Finance (the DOF) for approval no
later than six months following the issuance byDOFho the Successor Agency of
a finding uf completion pursuant ho Health and Safety Code Section 3417Q.7.
C. Pursuant to Health and Safety Code Section 34179.7' DOF issued
u finding of completion to the Successor Agency on July 18.2D13.
D. The staff ofthe Successor Agency has prepared and submitted to
the Board of the Successor Agency the long-range property management plan
attached hanatu as Exhibit A (the LRPYNP). which LRPK8P addresses the
disposition and use of the naa| properties of the former Agency and includes the
information required pursuant to Health and Safety Code Section 34191.5(c).
NCXN. THEFKEFORE, THE SUCCESSOR AGENCY TO THE CITY OF SEAL
BEACH REDEVELOPMENT AGENCY HEREBY F|ND8, 0ETERM|NES,
RESOLVES, AND ORDERS ASFOLLOWS:
Section 1. The above nedto|a are true and correct and are substantive pad
of this Resolution.
Section 2. The Successor Agency hereby approves the LRPMP nubnton8o||y
in the form attached hereto as Exhibit A. The Executive Director of the
Successor Agency, in consultation with the Successor Agency's legal ouunms|,
may modify the LRPMP an the Executive Director orthe Successor Agency's
legal counsel deems necessary uradvisable,
Section 3. Pursuant to Health and Safety Code Section 341808). staff ofthe
Successor Agency is hereby authorized and directed to transmit the LRPN1P to
the Oversight Board, the County Administrative Officer, the County Auditor-
Controller, and DOF.
Section 4. The staff and the Board of the Successor Agency are hereby
authorized and directed, jointly and severally, to do any and all things which they
may deem necessary oradvisable to effectuate this Resolution and any such
actions previously taken are hereby ratified.
Resolution Number SA13 -05
Section 5. This Resolution has been reviewed with respect to the applicability
of the California Environmental Quality Act (Public Resources Code Section
21000 et seq.) ("CEQA "). Pursuant to the State CEQA Guidelines (14 Cal Code
Regs 15000 et seq.)(the "Guidelines "), the Successor Agency has determined
that the approval of the LRPMP is not a project pursuant to CEQA and is exempt
therefrom because it is an organizational or administrative activity of government
that will not result in direct or indirect physical changes in the environment
(Guidelines Section 15378(b)(5)). Further, it can be seen with certainty that there
is no possibility that approval of the LRPMP may have a significant effect on the
environment, and thus the action is exempt from CEQA (Guidelines Section
15061(b)(3)). Staff of the Successor Agency is hereby directed to prepare and
post a notice of exemption pursuant to Guidelines Section 15062.
PASSED, APPROVED and ADOPTED by the Successor Agency to the Seal
Beach Redevelopment Agency at a regular meeting held on the 9th day of
December , 2013 by the following vote:
AYES: Board Members
NOES: Board Members
ABSENT: Board Members
ABSTAIN: Board Members
Chair /Mayor
ATTEST:
Secretary /City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, Secretary of the Successor Agency to the Seal Beach
Redevelopment Agency, do hereby certify that the foregoing resolution is the
original copy of Resolution Number SA13 -05 on file in the office of the City Clerk
of the City of Seal Beach, passed, approved, and adopted by the Successor
Agency to the Seal Beach Redevelopment Agency at a regular meeting held on
the 9th day of December , 2011
Secretary /City Clerk
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