HomeMy WebLinkAboutReso 113-2014 RESOLUTION NO. 113-2014
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 South San Francisco ("City") of the following real property: 312 Miller- 313 Tamarack
Avenue (012-311-240), 339-341 Commercial Avenue (012-333-050), 310 Miller - 311
Tamarack Avenue (012-311-230), 314 Miller Avenue (012-311-250), 714-718 Linden Avenue
(012-145-430), 630 Baden Avenue (012-241-230), 636 El Camino Real (014-160-040 to the
City; (collectively,the "Property"); and
WHEREAS, in connection therewith, the City and the Agency executed four Disposition
and Development Agreements (the "DDAs") for certain of the Property that described the terms
and conditions for its redevelopment in more detail.
WHEREAS, the Property was thereafter duly transferred to the City, as evidenced by
Grant Deeds dated as of March 2, 2011 and recorded on March 11, 2011 on the Official Records
of San Mateo County; and
WHEREAS, effective June 30, 2011, the Governor signed into law ABx1 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, ABx1 26 was modified by AB 1484, effective as of July 27, 2012, which
together with ABx1 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 on January 25, 2012, the City
affirmed its election to serve as the Housing Successor Agency ("Successor Agency") to the
Agency pursuant to Health and Safety Code § 34173 and § 34177; 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, since the Agency's property asset transfers to the City occurred on March
2, 2011,the City is required to return the property assets to the Successor Agency and
WHEREAS, on August 31, 2012, the state Department of Finance (DOF) authorized the
transfer of housing assets to the City as the Successor Agency; and
WHEREAS, a State Controller's Office audit of the Successor Agency's assets and
transactions found that since the housing assets were transferred on March 2, 2011, prior to the
DOF's authorization, they constitute an unauthorized transfer and must be returned to the
Successor Agency; and
WHEREAS, upon approval of this Resolution, the City will transfer the parcels
identified above as the "Property" to the Successor Agency and
WHEREAS, the proposed action is exempt from the California Environmental Quality
Act ("CEQA") in accordance with State CEQA Guidelines Section 15061(b)13) because there
are no significant environmental impacts from the transfer of property it is not ; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of South
San Francisco hereby
1. Finds that the foregoing Recitals are true and correct and made a part of this Resolution.
2. Authorizes the City Manager to execute and record grant deeds for conveyance of the
Property ("Grant Deeds") substantially in the forms on file with the City Clerk, and to
make revisions thereto, subject to the approval of counsel, which do not materially or
substantially increase the City's obligations thereunder.
3. Authorizes the City Manager to execute and record such other instruments and to take
such other actions as necessary to carry out the intent of this Resolution.
* * * * *
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 regular meeting held on the 22r' day of
October, 2014 by the following vote:
AYES: Councilmembers Mark N. Addiego, Pradeep Gupta, and Liza Normandy
Vice Mayor Richard A. Garbarino and Mayor Karyl Matsumoto
NOES: None
ABSTAIN: None
ABSENT: None
A TEST:
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