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HomeMy WebLinkAboutCC AG PKT 2013-12-09 #SA3I Z04:3 Q AU4 1161U iTi I =1 0 k FXCI 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 ON x LU 1� C? c1r) C/) 6 z c .2 0 U) (1) (If MEN Milli III oil Milli Milli I Milli