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HomeMy WebLinkAboutReso 11-2013RESOLUTION NO 11 -2013 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO APPROVING THE TRANSFER OF REAL PROPERTY FROM THE CITY OF SOUTH SAN FRANCISCO TO THE SUCCESSOR AGENCY OF THE CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY WHEREAS, on March 2, 2011, the former Redevelopment Agency of the City of South San Francisco ("Agency"), pursuant to Resolution No. 31-2011, authorized the transfer to the City of San Francisco ("City") of that certain real property identified as San Mateo County Assessor's Parcel Numbers 093-331-050 and 093-331-060 (the "Property"); WHEREAS, the Property was thereafter duly transferred to the City, as evidenced by that certain Grant Deed dated as of March 2, 2011 and recorded on March 11, 2011, in the Official Records of San Mateo County; and WHEREAS, effective June 30, 2011, the Governor signed into law ABx 1 26, which automatically suspended redevelopment activities, and on December 29, 2011, the California Supreme Court upheld the provisions of ABx 126, thereby dissolving all redevelopment agencies on February 1, 2012; and WHEREAS, ABx 1 26 was modified by AB 1484, effective as of July 27, 2012, which together with ABx 1 26 is referred to herein as the "Dissolution Law": and WHEREAS, the Dissolution Law, at Health and Safety Code § 34167.5, retroactively invalidated asset transfers between a redevelopment agency and the city that created it, occurring after January 1, 2011, and authorized. the State Controller, on or after February 1, 2012, to order available assets to be returned to a successor agency established pursuant to the Dissolution Law; and WHEREAS, pursuant to Resolution No. 08-2012, adopted January 25, 2012, the City affirmed its agreement to serve as the Successor Agency to the Agency; and WHEREAS, pursuant to Resolution No. 8-2012, adopted January 25, 2012, in accordance with Health and Safety Code § 34173(g), as added by AB 1484, the City established the Successor Agency as an entity separate and distinct from the City; and WHEREAS, on April 20, 2012, the State Controller ordered that all assets transferred after January 1, 2011 from the Agency to the City be returned to the Successor Agency; and WHEREAS, the City therefore desires to transfer the Property to the Successor Agency in accordance with the Dissolution Law; and WHEREAS, pursuant to State CEQA Guidelines Section 15378(b)(4), approval of the transfer of the Property is not a project subject to the California Environmental Quality Act ("CEQA"), because a "project" requiring CEQA review, is an activity that has the potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment, which the transfer of property does not. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South Sall Francisco hereby 1. Finds that the foregoing Recitals are true and correct and made a part of this Resolution. 2. Finds that transfer of the Property to the Successor Agency is in accordance with the Dissolution Law, including Health and Safety Code § 34167.5. 3. Approves the City's transfer of the Property to the Successor Agency. 4. Authorizes the City Manager to execute the grant deed for conveyance of the Property ("Grant Deed") substantially in the forms on file with the City Clerk and to make revisions to such documents, subject to the approval of counsel, which do not materially or substantially increase the City's obligations thereunder. 5. Authorizes the City Manager to execute such other instruments and to take such other actions as necessary to carry out the intent of this Resolution.. 93 n I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the 27th day of February, 2013, by the following vote: AYES- Councilmernbers Mark N. Addiego, Richard A. Garban'no and Pradepp.Guptq,,.. .. 1Vl4yor Pro Tern Karyl Matsumoto and Mayor Pedro Gonzalez NOES: None ABSTAIN: None ATTEST: Deputy City Clerk 0