Loading...
CDC - 2011-12 - Real Property Transfer and Cooperative Agreement Betweent the CDC and CityRESOLUTION NO. 2011-12 A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION APPROVING A REAL PROPERTY TRANSFER AND COOPERATIVE AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION FOR CERTAIN REAL PROPERTY OWNED BY THE COMMISSION WHEREAS, The City Council of the City ( "City Council') has adopted Redevelopment Plans (each individually, a "Redevelopment Plan'; and collectively, the "Redevelopment Plans ") for the for the No. 1 and No. 2 Project Areas (each individually, a "Project Area'; and collectively, the "Project Areas ");and WHEREAS, pursuant to the California Community Redevelopment Law (California Health and Safety Code Section 33000, et se .) ( "Redevelopment Law "), the Rosemead Community Development Commission ( "CDC ") is undertaking a program to redevelop the Project Areas; and WHEREAS, pursuant to Section 33430 of the Redevelopment Law, a redevelopment agency may, within the survey area or for purposes of redevelopment, sell, transfer, assign or otherwise dispose of any real or personal property or any interest in property; and WHEREAS, the CDC owns the fee interest in the real property ( "Property ") described in Exhibit A of the Real Property Transfer and Cooperative Agreement attached hereto as Exhibit 1 and incorporated herein by reference (the "Agreement'); and WHEREAS, pursuant to Section 33205 of the Redevelopment Law, a redevelopment agency is authorized to delegate to a community any of the powers or functions of the agency with respect to the planning or undertaking of a redevelopment project in the area in which such community is authorized to act, and such community is authorized to carry out or perform such powers or functions for the redevelopment agency; and WHEREAS, pursuant to Section 33220(g) of the Redevelopment Law, any public entity, for the purpose of aiding and co- operating in the planning, undertaking, construction, or operation of redevelopment projects located within the area in which such public entity is authorized to act, may, with or without consideration, acquire land in a project area from a redevelopment agency for redevelopment in accordance with the redevelopment plan for such project area; and WHEREAS, pursuant to Section 33220(e) of the Redevelopment Law, a redevelopment agency may enter into agreements with any public entity respecting any action to be taken pursuant to any of the powers granted by the Redevelopment Law or any other law (and such agreement may extend over any period, notwithstanding any law to the contrary); and WHEREAS, the City of Rosemead ( "City ") desires to aid, and cooperate with, the CDC in the planning, undertaking, construction and operation of redevelopment projects, and in that regard the CDC has determined to convey the Property to the City and to delegate to the City the -1- powers and functions of the CDC with respect to the planning and undertaking of redevelopment projects in accordance with the Redevelopment Plans, and the City has determined to accept the conveyance of the Property and the CDC's delegation of its powers and functions and in that regard, he CDC and City wish to enter into the Agreement; and NOW, THEREFORE, THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The CDC hereby finds that it can be seen with certainty that there is no possibility that the approval of the Agreement may have a significant effect on the environment. The approval of the Agreement does not authorize construction and will not result in a direct or indirect physical change in the environment. The Agreement provides that prior to commencement of work on any redevelopment project, all necessary review required by the California Environmental Quality Act ("CEQA") shall be completed. The adoption of this Resolution and approval of the Agreement is therefore exempt from the environmental review requirements of CEQA pursuant to Section 15061(b) (3) of Title 14 of the California Code of Regulations. Staff is hereby directed to file a Notice of Exemption with the County Clerk within five days of the adoption of this Resolution pursuant to Section 15062 of Title 14 of the California Code of Regulations. Section 2. The CDC hereby approves the Agreement in the form attached hereto as Exhibit 1 and authorizes and directs the Executive Director, the Chair of the CDC, or any other officer of the CDC designated by them in writing (each, an "Authorized Officer "), acting singly, to execute and deliver the Agreement in substantially said form with such changes therein as the Authorized Officer executing the same may approve (such approval to be conclusively evidenced by the execution and delivery thereof). Section 3. The Authorized Officers of the CDC are herby authorized and directed to do any and all things and to execute and deliver, and if appropriate, record, any and all documents which they may deem necessary or advisable in order to effectuate the purposes of this Resolution, and any such actions previously taken by such officers are hereby ratified and confirmed. -2- PASSED, ADOPTED AND APPROVED this 26`h day of April 2011. ATTEST: �'-26 il)l "A' A C�t Gloria Molleda, Secretary APPROVED AS TO FORM: aa�� 4�1� Rachel Richman, Legal Counsel Burke, Williams & Sorensen, LLP *L, Steven hairman -3- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Gloria Molleda, Commission Secretary of the City of Rosemead, do hereby certify that the foregoing Resolution No. 2011 -12 being: A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION APPROVING A REAL PROPERTY TRANSFER AND COOPERATIVE AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION FOR CERTAIN REAL PROPERTY OWNED BY THE COMMISSION was duly and regularly approved and adopted by the Rosemead Community Development Commission on the 26th of April, 2011, by the following vote to wit: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None Gloria Molleda Commission Secretary EXHIBIT I REAL PROPERTY TRANSFER AND COOPERATIVE AGREEMENT (Attached Hereto) Exhibit 1 TO: THE HONORABLE CHAIRMAN AND COMMISSION MEMBERS THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, EXECUTIVE DIRECTOR r DATE: APRIL 26, 2011 SUBJECT: REAL PROPERTY TRANSFER AND COOPERATIVE AGREEMENT BETWEEN THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION AND THE CITY OF ROSEMEAD FOR CERTAIN REAL PROPERTY OWNED BY THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION SUMMARY Due to a State initiated proposal to abolish Redevelopment and dispose of redevelopment owned agency -owned assets to the advantage of other taxing agencies and disadvantage of cities, staff and the city attorney recommend the transfer of Community Development Commission — owned real estate located at 9100 Garvey Avenue (the Garvey Senior Apartment complex) to the City. Staff Recommendation It is recommended that the Community Development Commission adopt Resolution No. 2011 -12 and the City Council adopt Resolution No. 2011 -16 approving a Real Property Transfer and Cooperative Agreement between the Commission and City for Certain Real Property Owned by the Commission. BACKGROUND In his proposed 2011/12 State Budget, the Governor has recommended that legislation be enacted to abolish all redevelopment agencies in California as of July 1, 2011. Thereafter, a "successor agency" would be established to continue to administer payment of the Commission's "contractual obligations" but otherwise charged to wrap up the affairs of the Commission. The successor agency would be governed by an oversight board of seven members, with the majority comprised of representatives of the County and general education. Given the nature and function of the oversight board, it would be expected that the Commission's assets could be disposed of and the proceeds distributed to the various taxing agencies. Given the expectation that the oversight board would act in its self- interest, as opposed to the City of Rosemead's local interests, the City and Commission may wish to consider protecting existing Commission assets if and where possible, prior to adoption of legislation abolishing redevelopment. I'T'EM NO. APPROVED FOR CITY COUNCIL AGENDA: Community Development Commission & City Council April 26, 2011 Pace 2 of 3 One approach to protecting Commission assets would be to transfer Commission - owned real estate to the City. Redevelopment law authorizes the Commission to delegate to the City any of the powers or functions of the Commission with respect to the planning or undertaking of redevelopment projects in an area in which the City is empowered to act and the City is authorized to carry out or perform such powers or functions of the Commission. For the purpose of aiding and cooperating with the Commission, the Commission may convey property it owns to the City, without consideration, for future redevelopment by the City. The Commission currently owns the land located at 9100 Garvey Avenue, Rosemead known as the Garvey Senior Apartments. The Garvey Senior Apartments was completed in 2002 and is owned by the Rosemead Housing Development Corporation. It consists of 64 one - bedrooms and 8 two bedrooms. The term of the lease is for 55- years from the effective date of the Development Agreement between the Rosemead Community Development Commission and the Rosemead Housing Development Corporation or until October 30, 2057. The property is also described in the attached resolutions under Exhibit 1 (Real Property Transfer and Cooperative Agreement). The Real Property Transfer and Cooperative Agreement provides for the transfer of the property by the Commission to the City, and the delegation by the Commission to the City of the Commission's powers and functions with respect to the planning and undertaking of the redevelopment of the properties. This transfer of ownership to the City should have occurred when the Garvey Senior Apartment Complex was constructed in 2003. By approving this real property transfer and cooperative agreement, the City Council and Community Development Commission will be taking a "housekeeping" action in correcting an administrative oversight. FISCAL ANALYSIS Adoption of the proposed resolutions will hopefully protect the Commission -owned asset for the benefit of the City. PUBLIC NOTICE PROCESS This item has been noticed according to the California Health and Safety Code Section 33490. LEGAL REVIEW Resolution No. 2011 -12, along with all attached exhibits, has been reviewed and approved by the Commission Attorney and Resolution No. 2011 -16, along with all attached exhibits, has been reviewed and approved by the City Attorney. Community Development Commission & City Council April 26, 2011 Page 3 of 3 Prepared lby:� / Michelle G. Ramirez Community Development Manager Attachment A: Resolution No. 2011 -12 — Rosemead Community Development Commission Attachment B: Resolution No. 2011 -16 — City of Rosemead