HomeMy WebLinkAboutResolution - 3388 STATE OF CALIFORNIA ) RESOLUTION NO. 3388
COUNTY OF RIVERSIDE)SS
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO, CALIFORNIA, ACCEPTING THE
TRANSFER OF CERTAIN REAL PROPERTIES AND
RELATED AGREEMENTS FROM THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN JACINTO
WHEREAS, pursuant to the California Community Redevelopment Law (Health
& Safety Code Sections 33000, et seq.) ("CRL"), the City Council of the City of San
Jacinto ("City") approved and adopted a Redevelopment Plan ("Redevelopment Plan")
for the redevelopment Project Area known as the Amended and Restated San Jacinto
Redevelopment Plan Project Area ("Project Area"); and
WHEREAS, the Governing Board ("Board") of the Redevelopment Agency of the
City of San Jacinto ("Agency") is engaged in activities to implement the Redevelopment
Plan for the Project Area pursuant to the provisions of the CRL; and
WHEREAS, the Agency has used or intends to use tax increment funds received
pursuant to CRL Section 33670 to pay for all or part of the cost of the value of land for
certain properties located within the Project Area ("Properties"), as listed on the
attached Exhibit A; and
WHEREAS, in response to the Governor's proposed State budget package and
proposals for FY 2011-2012, which include recommending the elimination of
redevelopment agencies "to realign the delivery of state services to counties and local
governments" and eliminate a projected State deficit of $25.4 billion, the City Manager
and the Agency Executive Director have proposed the transfer of certain Agency
properties in order to provide flexibility and preserve local public assets; and
WHEREAS, the elimination of redevelopment agencies statewide would create a
significant financial hardship to the City; and
WHEREAS, transfer of the Agency Properties to the City is necessary to carry
out the Redevelopment Plan; and
WHEREAS, CRL Section 33430 authorizes a redevelopment agency to sell,
lease, exchange, subdivide, transfer, assign, encumber and dispose of any real
property or any interest in real property; and
WHEREAS, the Agency desires to transfer the Properties and any interest in any
agreements or entitlements related to the Properties to the City, as well as to transfer
the obligations and funding to complete any pending or planned construction and/or
demolition work of the Agency and any purchase and sale agreements currently under
negotiation by the Agency, to the City; and
WHEREAS, the City desires to accept the Properties and any interest in any
agreements or entitlements related to the Properties, as well as other pending or
planned obligations and funding of the Agency, all in order to ensure the assets remain
a community benefit and that the goals of the Redevelopment Plan are carried out, all of
which is in the best interests of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The foregoing recitals are true and
correct and are incorporated herein and made an operative part of this Resolution.
SECTION 2. Acceptance of Properties. The City Council accepts the transfer of
the Properties. The City Manager, or his designee, is authorized and directed to
execute such documents and instruments as may be necessary to effectuate the
purpose of this Resolution between the City and the Agency, including the obligations
required to finalize a transfer of the Properties, and shall take all other actions
necessary or convenient in the furtherance of the actions authorized by this Resolution.
SECTION 3. Agreements. The City Manager, or his designee, is
authorized and directed to take any actions, including execution on behalf of the City of
any agreements, necessary to assume the rights and obligations for any Agency
agreements relating to the Properties in consultation with the City Attorney, as well as
to assume any purchase and sale agreements currently under negotiation by the
Agency.
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SECTION 4. Acceptance of Additional Obligations and Funding. Upon
transfer of the Properties, the City Council accepts the transfer of any funding and
responsibilities for pending and/or planned construction and/or demolition projects from
the Agency to the City, and the City Manager is authorized and directed to take any
actions necessary to effectuate the same. The foregoing authority specifically includes,
but is not limited to, funding required for demolition of structures and related studies for
that certain real property commonly referred to as: Assessor Parcel Numbers: 435-211-
001, 435-211-002, 435-211-003 and 435-220-024, and for the purchase of that certain
real property commonly referred to as 437-076-001 and 002, and other actions related
thereto, if approved following completion of environmental review.
SECTION 5. Condition Precedent to City Authorizations and Obligations.
All authorizations and obligations of the City and the City Manager set forth in this
Resolution are expressly contingent upon occurrence of the condition precedent set
forth in Section 3 of the Agency Resolution adopted concurrently herewith ("Agency
Resolution").
SECTION 6. Time Limit on Authorizations. If the condition precedent set
forth in Section 3 of the Agency Resolution does not occur and the actions authorized
herein are not commenced within twelve (12) months of adoption of this Resolution, the
authorizations granted herein shall be rescinded and shall have no further force or
effect.
SECTION 7. CEQA. The City has determined that the transfer of land
and funding is exempt from the requirements of the California Environmental Quality
Act ("CEQA"), pursuant to State CEQA Guidelines Section 15061(b)(3), because it can
be seen with certainty that the mere transfer of title from the Agency to the City will not
have a significant effect on the environment. The Authority hereby directs City staff to
file a Notice of Exemption with the Clerk of Riverside County within five (5) calendar
days following approval of this Resolution.
SECTION S, Severability. If any provision of this Resolution is held invalid, the
remainder of this Resolution shall not be affected by such invalidity, and the provisions
of this Resolution are severable.
SECTION 9. Effective Date. This Resolution shall become effective immediately
upon its adoption.
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PASSED, APPROVED, AND ADOPTED this 5"' day of April, 2011, by the
following vote:
Ayes: Bartel, Di Memmo, Ledezma, Miller
Nays: None
Absent: Kotyuk
Abstain: None
City of San J canto
Scott Miller, Mayor
ATTEST: nn/�
f m,
Richard Miller, City Clerk
APPROVED AS TO FORM:
Best, Best & Krieger, LLP
J rey 'Ballinger, C y Attorney
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EXHIBIT A
RDA Assets (real property, covenants, funding agreements)
Property Location APN Acreage 1
Commonwealth 439-112-009-1 2,500 sf
439-110-032-8 (Prior APN)
Commonwealth 439-112-004-6 6,000 sf
439-110-025-9 (Prior APN)
NEC San Jacinto Ave. & 439-112-032-1 1.98 acres
Commonwealth
439-110-096-0 (Prior APN)
i
NEC San Jacinto Ave. & 439-112-033-2 .09 acres
Commonwealth
439-112-097 (Prior APN)
-------------
40350 Commonwealth 439-112-008-0 9,000 sf
i
439-072-031-4 (Virginia Lee Bldg.)
248 E. Main Street (Virginia 1 437-072-009-4 1 8,062 sf
Lee Bldg.) 437-072-010-4
Industrial Way (Parcel 2) 435-020-031-8 1 .0 acre
786 Ramona Ave. 1 434-090-005-5 .24 acre
181 E. Main Street 437-045-010-3 3,808 sf
201 E. Main Street 437-045-020-9 6,844 sf
State Street/Kuhns Drive 435-211-001 4.71 acres
435-211-002
;
435-211-003
435-220-024
501 S. San Jacinto Ave. 437-076-001 .21 acre
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(purchase pending approval 437-076-002 1 .02 acre
following completion of
environmental review)
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