HomeMy WebLinkAboutCC AG PKT 2014-07-28 #FjalliKel 0- ' !
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AGENDA STAFF REPORT
JOINT ITEM
DATE: July 28, 2014
TO: Honorable Chair and Board Members
THRU: Jill R. Ingram, Executive Director
FROM: Victoria L. Beatley, Finance Officer
SUBJECT: CONVEYANCE OF CERTAIN GOVERNMENTAL
PROPERTIES OF
PURSUANT ! THE SUCCESSOR
RANGE r•. r . MANAGEMENT r y (LRPMP)
That the Board of Directors of the Successor Agency adopt Resolution No.
SA14 -03 authorizing and directing the completion of the conveyance of the
Governmental Use Properties to the City and the execution and delivery by the
Chair, on behalf of the Successor Agency, a grant deed to evidence such
conveyance.
Pursuant to Section 34191.5(b) of the California Health and Safety Code
( "HSC "), the Successor Agency must prepare an LRPMP that addresses the
disposition and use of the real properties of the former Seal Beach
Redevelopment Agency. The LRPMP must be submitted to the Oversight Board
of the Successor Agency (the "Oversight Board ") and the California State
Department of Finance (the "DOF ") for approval no later than six months
following the DOF's issuance of a finding of completion to the Successor Agency
pursuant to Health and Safety Code Section 34179.7. The DOF issued a finding
of completion to the Successor Agency on July 16, 2013. Subsequently, the
Successor Agency prepared and submitted the LRPMP to the Oversight Board
for review and approval. On January 7, 2014, the Oversight Board adopted
Resolution No. OB14 -01, approving the LRPMP. The Successor Agency then
submitted Resolution No. OB14 -01 and the LRPMP to the DOF. The DOF
Agenda Item F
issued its letter, dated February 28, 2014, approving Resolution No. OB14-01
and the LRPMP.
The LRPMP, as approved by the Oversight Board and the DOF, provides for the
Successor Agency's transfer to the City certain properties (collectively, the
"Governmental Use Properties") — identified in the LRPMP as follows:
a. Property No. 1 — Police/Fire Station, located at 911 Seal Beach
Boulevard;
b. Property No. 2 — Public Building, located at 1776 Aldofo Lopez
Drive; and
C. Property No. 3 — a vacant property to be used as public works yard,
located at western end of Adolfo Lopez Drive.
Pursuant to the IDOF's current interpretation of the law, before the Governmental
Use Properties are transferred to the City, the Oversight Board must adopt an
additional resolution pursuant to HSC Section 34181(a) to direct the Successor
Agency to complete the conveyance. The Oversight Board adopted Resolution
No. OB14-05, on July 1, 2014, providing such direction. Subsequently, the DOF
issued its letter, dated July 8, 2014, approving Resolution No. OB14-05.
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
There is no financial impact in receiving this report.
0*19CLIM
That the Board of Directors of the Successor Agency adopt Resolution No.
SA14-03 authorizing and directing the completion of the conveyance of the
Governmental Use Properties to the City and the execution and delivery by the
Chair, on behalf of the Successor Agency, a grant deed to evidence such
conveyance.
Victor t1ey, Finan
Attachments:
A. Resolution No. SA14-03
B. Resolution No. OB14-05.
C, DOF letter dated July 8, 2014, approving Resolution No. OB14-05.
Page 3
RESOLUTION NUMBER SAI 403
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE SEAL BEACH
REDEVELOPMENT AGENCY AUTHORIZING THE
CONVEYANCE OF CERTAIN GOVERNMENTAL USE
PROPERTIES TO THE CITY OF SEAL BEACH PURSUANT TO
THE LONG RANGE PROPERTY MANAGEMENT PLAN
RECITALS:
A. Pursuant to AB X1 26 (enacted in June 2011), as modified by the
California Supreme Court's decision in Califomia Redevelopment Association, et
al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), the Seal Beach
Redevelopment Agency (the "Former Agency") was dissolved as of February 1,
2012 and the Successor Agency was established, and the Oversight Board to the
Successor Agency (the "Oversight Board") was constituted.
B. AB 1484 (enacted June 2012) amended and supplemented AB X1
26 (AB X1 26 and AB 1484, together, being referred to below as the "Dissolution
Act').
C. Pursuant to the Dissolution Act, the Successor Agency is tasked
with winding down the affairs of the Former Agency.
D. Pursuant to Section 34175(b) of the California Health and Safety
Code ("HSC"), all real properties of the Former Agency transferred to the control
of the Successor Agency by operation of law,
E. On January 7, 2014, the Oversight Board adopted Resolution No.
01314-01, approving a long-range property management plan (the "LRPMP")
which addresses the disposition of the real properties owned by the Successor
Agency.
F. As indicated in the DOF's letter dated February 28, 2014, the DOF
has approved the LRPMP.
G. Pursuant to HSC Section 34191.3, the DOF-approved LRPMP shall
govern, and supersede all other provisions of the Dissolution Act relating to, the
disposition and use of the real property assets of the Former Agency.
H. The LRPMP, as approved by the DOF, provides for the transfer to
the City of Seal Beach (the "City") certain properties (collectively, the
"Governmental Use Properties") — identified in the LRPMP as follows:
a. Property No. 1 — Police/Fire Station, located at 911 Seal Beach
Boulevard;
b. Property No. 2 — Public Building, located at 1776 Aldofo Lopez
Drive; and
c. Property No. 3 — a vacant property to be used as public works
yard, located at western end of Adolfo Lopez Drive.
1. On July 1, 2014, the Oversight Board adopted Resolution No.
OB14-05 directing the Successor Agency to complete the transfer of the
Governmental Use Properties pursuant to the LRPMP.
J. The Successor Agency has received the DOF's letter dated July 8,
2014, indicating the DOF's approval of Resolution No. OB 14-05.
Resolution Number SA1 4-03
NDVV THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY, HEREBY
FINDS, DETERMINES, RESOLVES, AND ORDERS A8FOLLOWS:
Section 1^ The above nmcitm|m are true and correct and are a
substantive part of this Resolution,
Section 2. The conveyance of each of the Governmental Use
Properties by the Successor Agency to the City is hereby authorized and
approved. The Chair (or, in the Chair's absence, the Vice Chair) is hoxahy
authorized and directed to execute and deliver gnymd dead, substantially in the
form attached anAttachment A.toeffect and evidence such conveyance.
Section 3. The officers of the Successor Agency are hereby authnhzed
and directed, jointly and seveoa||y, to execute such instruments and do any and
all things which they may deem necessary or advisable to effectuate this
Resolution.
{ec8C0 4. This Resolution shall take effect immediately upon adoption.
PASSE0, APPROVED AND ADOPTED by the Board of Directors of the
Successor Agency etm meeting held on the _28dh_ day of July _.2O14.
ABSENT: Board Members:
ABSTAIN: Board Members:
Mayor/Chair
ATTEST:
City Clerk/Secretary
STATE DFCALIFORNIA
COUNTY OF ORANGE SS
CITY OF SEAL BEACH )
|. Linda Devine, Secretary to the Successor Agency to the Seal Beach
Redevelopment Agency, hereby certify that the foregoing resolution is the
original copy of Resolution Number _S/M4-0C3 is on fi!a in the office of the City
C|erk, pmmomd, mppnmed, and adopted by the Board of Directors of the
Successor Agency, held on the __28thL_day of July .2O14.
City Clerk/Secretary
CITY OF SEAL BEACH
Attn: City Clerk
211 - 8th Street
Seal Beach, CA 90740
Space of above this line for Recorder's use.
*** No Recording Fee Pursuant to Government Code Section 6103, 27383 ****
111111:44 1]
This transfer is exempt from Documentary Transfer Tax pursuant to Revenue &
Taxation Code Section 11922, and exempt from Recording Fees pursuant to California
Government Code Section 6103.
The SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT
AGENCY ("Grantor"), does hereby GRANT to the CITY OF SEAL BEACH, a municipal
corporation ("Grantee"), Grantor's right, title and interest in, Linder and to that certain
real property located in the County of Orange, State of California, more particularly
described on Exhibit A attached hereto ("Property"), and all improvements and fixtures
located thereon.
SUBJECT TO:
General and special real property taxes and assessments and supplemental
assessments for the current fiscal year;
All liens, encumbrances, easements, covenants, conditions and restrictions of
record; and All matters which would be revealed or disclosed in an accurate survey of
the property.
Grantee covenants by and for Grantee, Grantee's heirs, executors,
administrators and assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on
account of any basis listed in subdivision (a) or (d) of Section 12955 of the California
Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision
(m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the
California Government Code, in the sale, lease, sublease, transfer, use, occupancy,
tenure or enjoyment of the premises herein conveyed, nor shall Grantee, or any person
W
claiming under or through Grantee, establish or permit any practice or practices of
discrimination or segregation with reference to the selection, location, number, use or
occupancy of tenants, lessees, subtenants, sublessees or vendees in the premises
herein conveyed.
Notwithstanding the immediately preceding paragraph, with respect to familial
status, said paragraph shall not be construed to apply to housing for older persons, as
defined in Section 12955.9 of the California Government Code. With respect to familial
status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4,
51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior
citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code
and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code
shall apply to said paragraph.
All deeds, leases or contracts entered into with respect to the Property shall
contain or be subject to substantially the following nondiscrimination/nonsegregation
clauses:
(a) In deeds: "The grantee herein covenants by and for the grantee,
the grantee's heirs, executors, administrators and assigns, and all persons claiming
Linder or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of any basis listed in subdivision (a) or (d) of
Section 12955 of the California Government Code, as those bases are defined in
Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of
Section 12955, and Section 12955.2 of the California Government Code, in the sale,
lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises herein
conveyed, nor shall the grantee, or any person claiming under or through the grantee,
establish or permit any practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy of tenants, lessees,
subtenants, sublessees or vendees in the premises herein conveyed. The foregoing
covenants shall run with the land.
Notwithstanding the immediately preceding paragraph, with respect to familial
status, said paragraph shall not be construed to apply to housing for older persons, as
defined in Section 12955.9 of the California Government Code. With respect to familial
status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4,
51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior
citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code
and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code
shall apply to said paragraph."
(b) In leases: "The lessee herein covenants by and for lessee,
lessee's heirs, executors, administrators and assigns, and all persons claiming under or
through lessee, and this lease is made and accepted upon and subject to the following
ON
conditions: That there shall be no discrimination against or segregation of any person
or group of persons, on account of any basis listed in subdivision (a) or (d) of Section
12955 of the California Government Code, as those bases are defined in Sections
12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955,
and Section 12955.2 of the California Government Code, in the leasing, subleasing,
transferring, use or occupancy, tenure or enjoyment of the premises herein leased nor
shall the lessee, or any person claiming under or through lessee, establish or permit any
such practice or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees, sublessees,
subtenants or vendees in the premises herein leased.
Notwithstanding the immediately preceding paragraph, with respect to familial
status, said paragraph shall not be construed to apply to housing for older persons, as
defined in Section 12955.9 of the California Government Code. With respect to familial
status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4,
51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior
citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code
and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code
shall apply to said paragraph."
(c) In contracts: "The contracting party or parties hereby covenant by
and for the contracting party or parties and their respective successors and assigns,
that there shall be no discrimination against or segregation of any person or group of
persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the
California Government Code, as those bases are defined in Sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section
12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the premises, nor shall the contracting party or
parties, any subcontracting party or parties, or their respective assigns or transferees,
establish or permit any such practice or practices of discrimination or segregation.
Notwithstanding the immediately preceding paragraph, with respect to familial
status, said paragraph shall not be construed to apply to housing for older persons, as
defined in Section 12955.9 of the California Government Code. With respect to familial
status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4,
51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior
citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code
and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code
shall apply to said paragraph."
A-3
IN WITNESS WHEREOF, Grantor and Grantee have executed this Grant Deed
as of the date set forth below.
Dated: July 28, 2014
ATTEST:
Secretary
ATTEST:
City Clerk
GRANTOR:
SUCCESSOR AGENCY TO THE
SEAL BEACH REDEVELOPMENT AGENCY
Ellery A. Deaton
Chair
GRANTEE:
CITY OF SEAL BEACH
p .i
Ellery A. Deaton
Mayor
EXHIBIT A
(Grant Deed)
Legal Description
The land situated in the State of California, County of Orange, City of Seal
Beach, described as follows:
That portion of the Northwest quarter of Section 12, Township 5 South, Range 12
West, in the Rancho Los Alamitos, as shown on Map No. 2 attached to the Final
Decree of Partition of said Rancho, a certified copy of which was recorded
February 2, 1891 in book 14, page 31 of Deeds, records of Orange County,
California, described as follows:
Beginning at the Southwest corner of that certain parcel of land shown as
containing 124.077 acres on a Map filed in book 83, page 22 of Record of
Surveys in the office of the County Recorder of said Orange County; thence
along the Westerly line of said certain parcel of land North 000 16' 50" East
246.44 feet; thence along a line parallel with and distant Northeasterly 225.00
feet from the Southwesterly line of said certain parcel of land South 650 38' 35"
East 1470.08 feet to the Southeasterly line of Parcel B as described in a deed to
the City of Seal Beach, recorded February 24, 1967 in book 8184, page 79 of
Official Records of said Orange County; thence along said Southeasterly line
South 300 43' 30" West 226.40 feet to said Southwesterly line of said certain
parcel of land; thence along said Southwesterly line North 650 38' 35" West
1344.43 feet to the point of beginning.
Excepting therefrom all minerals, gas, oil, petroleum, naphta and other
hydrocarbon substances in and under the above described property, together
with all necessary and convenient rights to explore for, develop, produce, extract
and take the same, including the exclusive right to directionally drill into and
through said land from other lands and into the subsurface of other lands, subject
to the express limitations that any and all operations for the exploration,
development, production, extraction and taking of any of said substances shall
be carried on at levels below the depth of 500 feet from the surface of the above
described property, by means of mines, wells, derricks and /or other equipment
from surface locations on adjoining or neighboring land lying outside of the above
described property, and subject further to the express limitation that the foregoing
reservation shall in no way be interpreted to include any right of entry in and
upon the surface of the above described strip of land.
RESOLUTION NUMBER OB14~05
A RESOLUTION OF THE OVERSIGHT BOARD FOR THE
SUCCESSOR AGENCY TO THE SEAL BEACH
REDEVELOPMENT AGENCY DIRECTING THE SUCCESSOR
AGENCY TO CONVEY TO THE CITY OF SEAL BEACH OF
CERTAIN GOVERNMENTAL USE PROPERTIES PURSUANT TO
THE LONG RANGE PROPERTY MANAGEMENT PLAN
RECITALS:
A. Pursuant toAS%1 26 (enacted in June 2011), as modified by the
California Supreme Court's decision in Califonna Redevelopment axociadhnv et
al. x Ana 8atosantos, et al., 53 Cal. 4th 231 (2011). the Seal Beach
Redevelopment Agency (the "Former Agency") was dissolved as of February 1,
2012 and the Successor Agency was established, and the Oversight Board to the
Successor Agency (the "Oversight Boan1^) was constituted.
B. AS 1484 (enacted June 2012) amended and supplemented AS X1
26 (AS X1 28 and AS 1484, together, being referred to below am the "Dissolution
Act").
C. Pursuant hathe Dissolution Act, the Successor Agency imtasked
with winding down the affairs of the Former Agency.
D. Pursuant to Section 34176(b) of the California Health and Safety
Code (,HSC')` all naa| properties of the Former Agency transferred to the control
rf the Successor Agency by operation oflaw.
E. On January 7, 2014. the Oversight Board adopted Resolution No.
OB14'01. approving a long-range property management plan (the ^LRP/NPl
which addresses the disposition of the real properties owned by the Successor
Agency.
F. As indicated in the DOF'o letter dated February 28, 2014. the DOF
has approved the LRPK4P.
G. Pursuant toHSC Section 34181 3.theDOF-approved LRPK8Puhm|(
govem, and supersede all other provisions ofthe Dissolution Act relating to, the
disposition and use of the real property assets of the Former Agency.
H. The LRPKA9, as approved by the D[)F, provides for the transfer to
the City of Sea[ Beach (the ^C in properties (collectively, the
"Governmental Use Propertien^) — identified in the LRPYNP as follows:
a. Property No. 1 —Po||melFine Station, located at 911 Seal Beach
Boulevard;
b. Property No. 2—Public 8uildinQ, located at1776A|dohoLopez
Drive; and
o. Property No. 3 vacant property to be used as public works
yard, located ag western end uf Adolfo Lopez Drive.
/. The Oversight Board is adopting this Resolution to direct the
Successor Agency to complete the transfer the Governmental Use Properties
pursuant to the LRPK8P.
J. A ncdiva regarding the proposed adoption of the Resolution was
posted onthe Oversight Board's wmbniha (being a page mnthe City's websi$asU
vmww.mea|beoohca.guv) and outside the City Hall bulletin board on June 2O.3014.
Resolution Number OB14-05
NOW, THEREFORE, THE OVERSIGHT BOARD FOR THE SUCCESSOR
AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY HEREBY
FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. The above recitals are true and correct and are a
substantive part cf this Resolution.
Section 2' The Oversight Board hereby authorizes and directs the
Successor Agency to complete the transfer of the Governmental Use Properties
bo the City in accordance tothe LRPyNP. The Chair (or in the Chair's absence,
the Vice Chair) of the Board of Directors of the Successor Agency is hereby
authorized to execute and deliver one or more grant deeds (and all other
appropriate instruments) tz complete such transfer.
Section 3` The members of the Oversight Board and officers and staff
of the Successor Agency are hereby authorized and directed, jointly and
oeveroUy, to do any and all things which they may deem necessary or advisable
ho effectuate this Resolution.
Section 4. This Resolution shall become effective in accordance with
HSC Section 34181(f),
PASSED, APPROVED AND ADOPTED by the Oversight Board at
meeting held onthe 1st _day of July 2D14,
AYES: 8onndMembe
NOES: Board Members:
ABSENT: Board Members: '/k L"
ABSTAIN: Board Members: / t
ATTEST:
versight Board
STATE OF CALIFORNIA
COUNTY OFORANGE SS
CITY OF SEAL BEACH )
|` Linda Devine, 8eomhury to the Oversight Board, hereby certify that the
foregoing resolution was duly adopted at a meeting of the Oversight Board, held
on the __1st__doyoy__JuIv___.2D14.
Ix
o rl
DEPARTMENT OF
F I N A N 0 E
July 8, 2014
EDMUND G. BR13WN JR. ■ GOVERNOR
91 5 L STREET ■ SACRAMENTO CA 0 95a 14-3706 ■ WWW.D13F-.CA.13QV
Ms. Victoria L Beatley, Director of Finance/City Treasurer
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
Subject: Approval of Oversight Board Action
The City of Seal Beach Successor Agency (Agency) notified the California Department of
Finance (Finance) of its July 1, 2014 Oversight Board (OB) resolution on July 2, 2014
Pursuant to Health and Safety Code (HSC) section 34179 (h), Finance has completed its review
of the OB action.
Based on our review and application of the law, OB Resolution No. OB14-05, directing the
Successor Agency to convey to the City of Seal Beach (City) of certain government use
properties pursuant to the Long-Range Property Management Plan (LRPMP), is approved,
The Agency is transferring the following properties to the City:
• Police and Fire Station at 911 Seal Beach Boulevard
• Public Building at 1776 Aldofo Lopez Drive
• Public Works Yard at the western end of Adolfo Lopez Drive.
These properties were listed on the Agency's LRPMP approved by Finance on
February 28, 2014. The disposition authorized through OB Resolution No. OB14-05 is
consistent with the approved LRPMP.
Please direct inquiries to Nichelle Thomas, Supervisor or Alexander Waft, Lead Analyst at
(916) 445-1546.
Sincerely,
CSTYN OWARD
Program Suc
tAsta Program Budget Manager
cc: Ms. Alayna Hoang, Finance Manager, City of Seat Beach
Mr. Frank Davies, Property Tax Manager, Orange County
Ms. Elizabeth Gonzalez, Bureau Chief, Local Government Audit Bureau, California State
Controller's Office
California State Controller's Office