Loading...
RPVCCA_CC_SR_2014_11_04_F_Conveyance_Of_Governmental_Use_Properties_From_SACITY OF RANCHO PALOS VERDES MEMORANDUM TO: FROM: DATE: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CAROL LYNCH, CITY ATTORNEY NOVEMBER 4, 2014 SUBJECT: CONVEYANCE OF GOVERNMENTAL-USE PROPERTIES FROM THE SUCCESSOR AGENCY TO THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY REVIEWED: CAROLYNN PETRU, ACTING CITY MANAGE~ Staff Coordinator: Kathryn Downs, Deputy Director of Finance l CQ RECOMMENDATION: That the City Council adopt Resolution No. 2014-_, to accept the conveyance of certain governmental use properties by the Successor Agency to the Rancho Palos Verdes Redevelopment Agency (the "Successor Agency") to the City pursuant to the Successor Agency's Long Range Property Management Plan (the "LRPMP"). BACKGROUND AND DISCUSSION: Pursuant. to Section 34191.5(b) of the California Health and Safety Code ("HSC"), the Successor Agency prepared a LRPMP that addresses the disposition and use of the real properties of the former Rancho Palos Verdes Redevelopment Agency. The LRPMP was approved by the Oversight Board of the Successor Agency (the "Oversight Board") and the California State Department of Finance (the "DOF"). The LRPMP, as approved by the Oversight Board and the DOF, provides for the Successor Agency's transfer to the City of 11 properties (collectively, the "Governmental- Use Properties") -identified in the LRPMP as follows: • Five coastal parcels that are located primarily within the open space hazard and open space recreation zones: o Abalone Cove Shoreline Park (consisting of Assessor Parcel Numbers 7572-018-900, 7572-019-901, 7573-007-900, and 7572-019-900); and o Archery Range (Assessor Parcel Number 7572-019-902). F-1 CONVEYANCE OF GOVERNMENTAL-USE PROPERTIES FROM THE SUCCESSOR AGENCY TO THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY November 4, 2014 Page 2 of 2 • Six parcels that are within the open space hazard zone on Cherryhill Lane (Assessor Parcel Numbers 7572-004-900, 7572-004-901; 7572-004-902, 7572- 004-903, 7572-004-904, and 7572-007-900). 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 a resolution approving the conveyance, and the DOF must approve the Oversight Board resolution (or such resolution must be deemed approved by DOF by its inaction). At its meeting today, the Board of Directors of the Successor Agency will consider the adoption of Resolution No. SA 2014-__ , authorizing and directing the conveyance of the Governmental Use Properties to the City, and the execution and delivery of a grant deed to evidence such conveyance, subject to the Oversight Board's adoption of a resolution directing and approving the conveyance of the Governmental Use Properties and the DOF's approval or deemed approval of such Oversight Board resolution. CONCLUSION: Staff recommends that the City Council adopt Resolution No. 2014-_ to: (i) accept the conveyance of the Governmental Use Properties by the Successor Agency, and (ii) authorize the Mayor (or, in the Mayor's absence, the Mayor Pro Tern) to execute a certificate of acceptance with respect to the grant deed and cause the grant deed and certificate of acceptance to be recorded, subject to the Oversight Board's adoption of a resolution directing and approving the conveyance of the Governmental Use Properties to the City and the DOF's approval or deemed approval of such Oversight Board resolution. Attachment: Resolution No. 2014-, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE ACCEPTANCE OF CERTAIN GOVERNMENTAL USE PROPERTIES FROM THE SUCCESSOR AGENCY TO THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY PURSUANT TO THE SUCCESSOR AGENCY'S LONG RANGE PROPERTY MANAGEMENT PLAN F-2 RESOLUTION NO. 2014-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE ACCEPTANCE OF CERTAIN GOVERNMENTAL USE PROPERTIES FROM THE SUCCESSOR AGENCY TO THE RANCHO PALOS VERDES 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 California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), the Rancho Palos Verdes 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 herein 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 September 18, 2013, the Oversight Board adopted Resolution No. OB- 2013-08, 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 California State Department of Finance's ("DOF") letter dated April 25, 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 Rancho Palos Verdes (the "City") of 11 properties (collectively, the "Governmental Use Prop~rties") -identified in the LRPMP as follows: F-3 • Five coastal parcels that are located primarily within the open space hazard and open space recreation zones: o Abalone Cove Shoreline Park (consisting of Assessor Parcel Numbers 7572-018-900, 7572-019-901, 7573-007-900, and 7572-019-900); and o Archery Range (Assessor Parcel Number 7572-019-902). • Six parcels that are within the open space hazard zone on Cherryhill Lane (Assessor Parcel Numbers 7572-004-900, 7572-004-901; 7572-004-902, 7572- 004-903, 7572-004-904, and 7572-007-900). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. Subject to the Oversight Board's adoption of a resolution directing and approving the conveyance of the Governmental Use Properties by the Successor Agency to the City, and the DOF's approval or deemed approval of such Oversight Board resolution, the City accepts the conveyance of the Governmental Use Properties by the Successor Agency. The Mayor (or, in the Mayor's absence, the Mayor Pro Tern) is hereby authorized and directed to execute a certificate of acceptance with respect to the grant deed to be executed and delivered by the Successor Agency and cause the grant deed, and the accompanying certificate of acceptance, to be recorded in the Official Records of the Los Angeles County Recorder's Office. Section 3. The officers and staff of the City are hereby authorized and directed, jointly and severally, to execute 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 officers and staff are hereby ratified and confirmed. Section 4. This Resolution shall take effect immediately upon adoption. PASSED, APPROVED AND ADOPTED by the City Council at a meeting held on the 4th day of November, 2014 Jerry Duhovic, Mayor ATTEST: Carla Morreale, City Clerk F-4