HomeMy WebLinkAboutResolution - 11-08 STATE OF CALIFORNIA } RESOLUTION NO. RDA 11-08
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO }
A RESOLUTION OF THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN JACINTO, CALIFORNIA,
TRANSFERRING INTERESTS IN CERTAIN REAL
PROPERTIES AND RELATED AGREEMENTS TO 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 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 to 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 REDEVELOPMENT AGENCY 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. Findings. The Governing Board hereby finds and determines,
based on the Recitals set forth above and the information in the attached staff report,
the oral presentations of Agency and City staffs, and all other written and oral evidence
presented to the City Council and Governing Board, that the Agency's transfer of the
Agency Properties and the other actions contemplated in this Resolution and City's
acceptance of the same are of benefit to the Project Area because such actions: (1) are
in the best interest of the City and the health, safety, morals and welfare of its residents,
businesses, tenants, and property owners, and (2) will assist in the elimination of one or
more blighting conditions in the Project Area, stimulate economic development and
minimize depreciated or stagnant property values and high business vacancies, while
improving aesthetics and visibility in the Project Area.
SECTION 3. Transfer Authorization. In the event that the adoption of legislation
is imminent, or legislation is adopted, whereby the Agency is disestablished, prohibited
from continuing activities, or making any new agreements for non-affordable housing
related matters under the CRL, the Governing Board hereby approves the transfer of
the Properties to the City. Furthermore, the Executive Director, or his or her designee, is
authorized and directed to execute such documents and instruments as may be
necessary to memorialize the obligations 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. Should it be later discovered that the Agency owns properties not shown on
Exhibit A and acquired with non-housing low and moderate income funds, Agency
further authorizes and directs that those properties be transferred to the City
immediately upon discovery.
SECTION 4.Agreements. Subject to the condition precedent set forth rn
Section 3 above, the Executive Director, or his designee, is authorized and directed to
take any actions necessary to assign the rights and obligations for any Agency
agreements relating to the Properties to the City, in consultation with Agency Counsel,
as well as to assign any purchase and sale agreements currently under negotiation by
the Agency, to the City.
SECTION 5. Funding. Subject to the condition precedent set forth in
Section 3 above, the Executive Director, in consultation with Agency Counsel, is hereby
directed to take any actions necessary to transfer all funding and responsibilities for
pending and/or planned construction and/or demolition projects from the Agency to the
City, as well as to transfer any funding required to complete any purchase currently
under negotiation by the Agency. 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 6. Time Limit on Authorizations. If the condition precedent set
forth in Section 3 of this 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 Agency has determined that the transfer of land
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 Agency hereby directs Agency staff to file a
Notice of Exemption with the Clerk of Riverside County within five (5) calendar days
fo€lowing approval of this Resolution.
SECTION B. 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 5tn day of April, 2011 by the
following vote:
Ayes: Bartel, Di Memmo, Ledezma, Miller
Nays: None
Abstain: None
Absent: Kotyuk
City of San,Jacinto Redevelopment Agency
Scott Miller, Chairman
ATTEST:
ZLL
Richard Miller, Agency Secretary
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
Jeffrey . $allinger, ency Counsel
EXHIBIT A
... RDA Assets (real property, covenants, funding agreements)
Property Location P APN Acreage
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
j Commonwealth 4 439-110-096-0 (Prior APN)
NEC San Jacinto Ave. & 439-112-033-2 .09 acres
Commonwealth k`k 439-112-097 (Prior APN)
40350 Commonwealth 1439-112-008-0 9,000 sf
439-072-031-4 (Virginia Lee Bldg.)
248 E. Main Street 437-072-009-4 8,062 sf
(Virginia Lee Bldg.) 437-072-010-4
Industrial Way (Parcel 2) 435-020-031-8 1 .0 acre
786 Ramona Ave. 434-090-005-5 .24 acre
181 E. Main Street 437-046-010-3 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
5
501 S. San Jacinto Ave. j 437-076-001 .21 acre
(purchase pending 437-076-002 1.02 acre
approval following
completion of
environmental review)
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