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HomeMy WebLinkAboutSuccessor Reso 04-2013RESOLUTION NO. 4-2013 SUCCESSOR AGENCY OF THE CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY RESOLUTION OF THE SUCCESSOR AGENCY OF THE CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY APPROVING THE ACQUISITION OF REAL PROPERTY FROM THE CITY OF SOUTH SAN FRANCISCO 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 ABxl 26, which automatically suspended redevelopment activities, and on December 29, 2011, the California Supreme Court upheld the provisions of ABx1 26, 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 affin-ned 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, 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, on February 27, 2013, pursuant to Resolution No. 11 -2013, the City authorized the transfer of the Property to the Successor Agency; and WHEREAS, pursuant to State CEQA Guidelines Section 15378(b)(4), approval of the acquisition 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 Successor Agency of the City of South San. Francisco Redevelopment Agency hereby 1. Finds that the foregoing Recitals are true and correct and made a part of this Resolution. 2. Finds that acquisition of the Property from the City of South San Francisco is in accordance with the Dissolution Law, including Health and Safety Code § 34167.5. 3. Approves the Successor Agency's acquisition of the Property from the City. 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 Successor Agency'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, including without limitation, the execution and recordation of a certificate of acceptance in. connection with the Grant Deed. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Successor Agency of the City of South San Francisco Redevelopment Agency at a meeting held on the 27th day of February, 2013 by the following vote: AYES: Councilmembers Mark AddieRo, Richard Garbarino, and Pradeep Gupta, Mayor Pro Tern Karyl Matsumoto and Mayor Pedro Gonzalez ABSTAIN: None ABSENT: None ATTEST: Deputy City Clerk