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CC:SA - Adoption of Respective Resolutions Approving the Transfer and Acceptance of Certain Real Properties from the Successor Agency to the City of Culver City for Governmental Use Pursuant to the Long Range Property Management Plan and Approving the Grant Deeds and Related Actions.
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Meeting Date: October 24, 2016
Contact Person/Dept: Glenn Heald/CDD
Todd Tipton/CDD
Phone Number: 310-253-5752/10-253-5783
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date:
Public Notification: (E-Mail) Meetings and Agendas - City Council (10/19/2016); Successor Agency (10/19/2016).
Department Approval: Sol Blumenfeld, Community Development Director (10/13/16)
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RECOMMENDATION
Staff recommends:
1. The Successor Agency Board adopt separate resolutions approving, and recommending to its Oversight Board that the Oversight Board approves, the transfer of four certain real properties from the Successor Agency to the Culver City Redevelopment Agency (the “Successor Agency”) to the City of Culver City (the “City”) for governmental use pursuant to the Long Range Property Management Plan (the “LRPMP”) approved by the California Department of Finance (the “DOF”) on March 18, 2014 as amended by the Amendment to the Long Range Property Management Plan (collectively, the “Amended LRPMP”) approved by the DOF on July 27, 2016 in accordance with Senate Bill No. 107 (“SB 107”), consistent with the provisions of the Dissolution Law (as defined herein), approving the Grant Deeds to effectuate the disposition of said properties, and approving related actions; and
2. The City Council adopt separate resolutions approving the acceptance of four certain real properties proposed for transfer from the Successor Agency to the City for governmental use pursuant to the Amended LRPMP consistent with the provisions of the Dissolution Law, approving the Grant Deeds to effectuate the disposition of said properties, and approving related actions.
BACKGROUND/DISCUSSION
On June 28, 2011, Assembly Bill No. X1 26 (“AB 26”) was signed into law by the Governor of California which amended the California Health and Safety (“H&S”) Code and called for the dissolution of redevelopment agencies throughout the State and wind down of their business and fiscal affairs, and also established the procedures by which this was to be accomplished. AB 26 has since been amended by various assembly and senate bills enacted by the California Legislature and signed by the Governor (AB 26 as amended is hereinafter referred to as the “Dissolution Law”).
On September 22, 2015, the Governor of California signed into law SB 107 amending the Dissolution Law. SB 107, in pertinent part, amends H&S Code Section 34191.3 to permit the Successor Agency to amend its Long Range Property Management Plan once, to allow for the retention of real properties that constitute parking facilities and lots dedicated solely to public parking and that do not generate revenues in excess of reasonable maintenance costs for governmental use pursuant to H&S Code Section 34181.
SB 107 further amends H&S Code Section 34181(a) of the Dissolution Law to expand authorization of the Oversight Board to direct the Successor Agency to transfer to the appropriate public jurisdiction (such as the City) ownership of assets constructed and used for a governmental purpose including parking facilities and lots dedicated solely to public parking that do not generate revenues in excess of reasonable maintenance costs of the properties.
Four parking facilities in Culver City are proposed for transfer from the Successor Agency to the City for governmental use pursuant to the Amended LRPMP, consistent with the provisions of the Dissolution Law as revised by SB 107. The four properties were constructed and are used to serve the public’s parking needs with affordable parking and do not generate any revenues in excess of reasonable maintenance, operations, and necessary repair and replacement improvement costs of said properties and therefore qualify as assets used for governmental purposes under the revised H&S Code Sections 34191.3 and 34181 of the Dissolution Law. The four properties (collectively, the “Properties”) are:
1. Washington Parking Lot, 12601 Washington Blvd.
2. Robertson Parking Lot No. 1, 3713-15 Robertson Blvd.
3. Robertson Parking Lot No. 2, 3727 Robertson Blvd.
4. Virginia Parking Lot, 10401, 10555 and 10601 Virginia Ave.
On March 28, 2016 and on April 14, 2016, the Successor Agency and its Oversight Board, respectively, adopted resolutions approving the Amendment to the LRPMP to categorize the Properties as assets used for governmental purposes pursuant to SB 107 and the revised terms of H&S Code Sections 34191.3 and 34181 of the Dissolution Law. On April 18, 2016, the Successor Agency prepared and submitted to the DOF for approval the Amendment to the LRPMP, as approved by its Oversight Board. The DOF, by letter dated July 27, 2016, issued its determination approving the Amendment to the LRPMP and the transfer of Properties to the City for governmental use.
Upon the Successor Agency’s and the City Council’s adoption of the proposed respective resolutions, a separate set of resolutions approving and directing the transfer of the Properties from the Successor Agency to the City will be submitted for adoption by the Oversight Board on or about November 10, 2016 and subsequently to the DOF for notification.
A description of each of the Properties proposed for transfer is included as Exhibit ‘A’ to each of the Grant Deeds attached hereto in substantial form. The Grant Deeds, in substantial form as attached, will effectuate the disposition of the respective Properties from the Successor Agency to the City.
Staff recommends the City Council authorize, at the discretion of the City Manager, that the Properties may be transferred to the Culver City Parking Authority.
FISCAL ANALYSIS
There is no net cost to the Successor Agency or the City for the proposed transfer of the Properties. Due to operating expenses, zoning restrictions and financing methods, the Properties generate no net revenue at this time.
ENVIRONMENTAL REVIEW
The Successor Agency and the City each hereby determines that the activity approved by the attached resolutions is not a “project” for purposes of CEQA, as that term is defined by Guidelines Section 15378, because the activity approved by the attached resolutions is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per Section 15378(b)(5) of the Guidelines.
ATTACHMENTS
1. Proposed Successor Agency resolutions approving, and recommending to its Oversight Board that the Oversight Board approves, the transfer of the Properties from the Successor Agency to the City pursuant to the LRPMP approved by the DOF on March 18, 2014 and the Amendment to the LRPMP approved by the DOF on July 27, 2016 and consistent with the provisions of the Dissolution Law as revised by SB 107, approving the Grant Deeds to effectuate the disposition of said properties, and approving related actions.
2. Proposed City Council resolutions approving the acceptance of the Properties from the Successor Agency to the City pursuant to the LRPMP approved by the DOF on March 18, 2014 and the Amendment to the LRPMP approved by the DOF on July 27, 2016 and consistent with the provisions of the Dissolution Law as revised by SB 107, approving the Grant Deeds to effectuate the disposition of said property, and approving related actions.
3. Grant Deeds.
MOTION
That the Successor Agency:
1) Adopt a resolution approving, and recommending to its Oversight Board that the Oversight Board approves, the transfer of certain real property (12601 Washington Boulevard; Assessor’s Parcel No. 4231-019-901) from the Successor Agency to the City for governmental use pursuant to the LRPMP approved by the DOF on March 18, 2014 and the Amendment to the LRPMP approved by the DOF on July 27, 2016 and consistent with the provisions of the Dissolution Law as revised by SB 107, approving the Grant Deed to effectuate the disposition of said property, and approving related actions;
2) Adopt a resolution approving, and recommending to its Oversight Board that the Oversight Board approves, the transfer of certain real property (3713-3715 Robertson Boulevard; Assessor’s Parcel Nos. 4206-033-917 and 4206-033-936) from the Successor Agency to the City for governmental use pursuant to the LRPMP approved by the DOF on March 18, 2014 and the Amendment to the LRPMP approved by the DOF on July 27, 2016 and consistent with the provisions of the Dissolution Law as revised by SB 107, approving the Grant Deed to effectuate the disposition of said property, and approving related actions;
3) Adopt a resolution approving, and recommending to its Oversight Board that the Oversight Board approves, the transfer of certain real property (3727 Robertson Boulevard; Assessor’s Parcel No. 4206-033-925) from the Successor Agency to the City for governmental use pursuant to the LRPMP approved by the DOF on March 18, 2014 and the Amendment to the LRPMP approved by the DOF on July 27, 2016 and consistent with the provisions of the Dissolution Law as revised by SB 107, approving the Grant Deed to effectuate the disposition of said property, and approving related actions; and
4) Adopt a resolution approving, and recommending to its Oversight Board that the Oversight Board approves, the transfer of certain real property (10401, 10555 and 10601 Virginia Avenue; Assessor’s Parcel Nos. 4209-027-905, 4209-029-900, 4209-029-923, 4209-029-924, and 4209-029-925) from the Successor Agency to the City for governmental use pursuant to the LRPMP approved by the DOF on March 18, 2014 and the Amendment to the LRPMP approved by the DOF on July 27, 2016 and consistent with the provisions of the Dissolution Law as revised by SB 107, approving the Grant Deed to effectuate the disposition of said property, and approving related actions.
That the City Council:
1) Adopt a resolution approving the acceptance of certain real property (12601 Washington Boulevard; Assessor’s Parcel No. 4231-019-901) from the Successor Agency to the City for governmental use pursuant to the LRPMP approved by the DOF on March 18, 2014 and the Amendment to the LRPMP approved by the DOF on July 27, 2016 and consistent with the provisions of the Dissolution Law as revised by SB 107, approving the Grant Deed to effectuate the disposition of said property, and approving related actions;
2) Adopt a resolution approving the acceptance of certain real property (3713-3715 Robertson Boulevard; Assessor’s Parcel Nos. 4206-033-917 and 4206-033-936) from the Successor Agency to the City for governmental use pursuant to the LRPMP approved by the DOF on March 18, 2014 and the Amendment to the LRPMP approved by the DOF on July 27, 2016 and consistent with the provisions of the Dissolution Law as revised by SB 107, approving the Grant Deed to effectuate the disposition of said property, and approving related actions;
3) Adopt a resolution approving the acceptance of certain real property (3727 Robertson Boulevard; Assessor’s Parcel No. 4206-033-925) from the Successor Agency to the City for governmental use pursuant to the LRPMP approved by the DOF on March 18, 2014 and the Amendment to the LRPMP approved by the DOF on July 27, 2016 and consistent with the provisions of the Dissolution Law as revised by SB 107, approving the Grant Deed to effectuate the disposition of said property, and approving related actions; and
4) Adopt a resolution approving the acceptance of certain real property (10401, 10555 and 10601 Virginia Avenue; Assessor’s Parcel Nos. 4209-027-905, 4209-029-900, 4209-029-923, 4209-029-924, and 4209-029-925) from the Successor Agency to the City for governmental use pursuant to the LRPMP approved by the DOF on March 18, 2014 and the Amendment to the LRPMP approved by the DOF on July 27, 2016 and consistent with the provisions of the Dissolution Law as revised by SB 107, approving the Grant Deed to effectuate the disposition of said property, and approving related actions.