HomeMy WebLinkAboutCC AG PKT 2014-07-28 #F - CCSEAj
AGENDA STAFF REPORT
JOINT ITEM
DATE: July 28, 2014
TO: Honorable Mayor and City Council Members
THRU: Jill R. Ingram, City Manager
FROM: Victoria L. Beatley, Finance Director
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That the City Council adopt Resolution No. 6489 accepting the conveyance of
the Governmental Use Properties by the Successor Agency, and authorizing the
Mayor to execute a certificate of acceptance with respect to the Deed and cause
the Deed and certificate of acceptance to be recorded.
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
issued its letter, dated February 28, 2014, approving Resolution No. OB14-01
and the LRPMP.
Agenda Item— F
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. I — 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 DOF'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.
At its meeting today, the Board of Directors of the Successor Agency will
consider the adoption of Resolution No. SA14-03 authorizing and directing: (i) the
completion of the conveyance of the Governmental Use Properties to the City,
and (ii) the execution and delivery of a grant deed to evidence such conveyance
(the "Deed").
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
There is no financial impact in receiving this report.
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That the City Council adopt Resolution No. 6489 accepting the conveyance of
the Governmental Use Properties by the Successor Agency, and authorizing the
Mayor to execute a certificate of acceptance with respect to the Deed and cause
the Deed and certificate of acceptance to be recorded.
64 M*. iTA I k -VA A
Victoria L. Beatley I
Director of Finance/City Treasurer
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A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AUTHORIZING THE ACCEPTANCE OF CERTAIN
GOVERNMENTAL USE PROPERTIES FROM THE SUCCESSOR
AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY
PURSUANT TO THE SUCCESSOR AGENCY'S 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.
OB14-01, 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 received the DOF's letter dated July 8,
2014, indicating the DOF's approval of Resolution No. OB1 4-05.
K. The Successor Agency plans to execute a grant deed (the "Deed")
to effect the transfer of the Governmental Use Properties to the City.
Resolution Number 6489
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL HEREBY F|NDS,
DETERMINES, RESOLVES, AND ORDERS ASFOLLOWS:
Section _t The above recitals are true and correct and are a
substantive part of this Resolution.
Sectio�l2. The Qty accepts the conveyance of the Governmental Use
Properties by the Successor Agency. The Mayor (or, in the Mayor's mbmenuo,
the Mayor Pro Tem) is hereby authorized and directed to execute a certificate of
acceptance with respect to the Dead and oyuma the Deed, and the
accompanying oertifioatacf acceptance, b/be recorded in the Official Records of
the Orange County Recorder's Office.
Section 3. The officers and staff nfthe City are hereby authorized and
directed, jointly and severally, toexecute such instruments and do any and all
things which they may deem necessary or advisable to effectuate this Resolution
and any such actions previously taken by such offioenm and staff are hereby
ratified and confirmed,
PASSED. APPROVED and ADOPTED by the Seal Beach City Council at
regular meeting held on the 28th_dmyof_ July _2U14by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
ATTEST:
City Clerk
STATE OF CALIFORNIA
COUNTY (]FORANGE }SG
CITY OF SEAL BEACH }
|. Linda Devine, City Clerk of the City of Seal Beaoh, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 648Don file
in the office Vf the City Clerk, passed, approved, and adopted by the Seal Beach
City Council ata regular meeting held nn the _ 28th__ day of_� July _.2O14.
City Clerk