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HomeMy WebLinkAbout14-007 - Resolutions RESOLUTION NO. 14-007 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY DIRECTING THE CONVEYANCE TO THE CITY OF RANCHO CUCAMONGA OF CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF MADRONE AVENUE AND NORTH OF NINTH STREET AND MORE COMMONLY KNOWN AS THE SOUTHWEST CUCAMONGA PARK SITE PURSUANT TO HEALTH AND SAFETY CODE SECTION 34191.5(c)(2) WHEREAS, pursuant to AB X1 26 (which became effective at the end of June 2011), as modified by the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et at (53 Cal. 4th 231(2011)), the Rancho Cucamonga Redevelopment Agency (the "Redevelopment Agency') was dissolved as of February 1, 2012 and the Successor Agency to the Rancho Cucamonga Redevelopment Agency (the "Successor Agency') was constituted; and WHEREAS, AB 1484 (which became effective at the end of June 2012) amended and supplemented AB X1 26 (AB X1 26 and AB 1484, together, being referred to below as the "RDA Dissolution Act"); and WHEREAS, pursuant to the RDA Dissolution Act, all assets, properties, contracts, leases, books and records, buildings, and equipment of the former Redevelopment Agency have been transferred to the control of the Successor Agency; and WHEREAS, Health and Safety Code Section 34191.5(c)(2) sets forth certain requirements for the Successor Agency to prepare a long-range property management plan that addresses the disposition and use of the real properties of the former Redevelopment Agency; and WHEREAS, permissible uses of the real properties of the former Redevelopment Agency include the retention of the property for governmental use pursuant to Health and Safety Code Section 34181(a), the retention of the property for future development, the sale of the property, or the use of the property to fulfill an enforceable obligation; and WHEREAS, the former Redevelopment Agency acquired the Southwest Cucamonga Park site (the "Property') in December 2005 for the purpose of constructing a park in the southwest area of the City; and WHEREAS, the City was awarded a $3.9 million grant from the California Department of Parks and Recreation in November 2010 to construct a neighborhood park at the Property; and WHEREAS, the City has indicated that it intends to use the Property for a neighborhood park and is willing to covenant to use the Property solely for governmental or public use purposes for at least 30 years, pursuant to the terms of the construction grant received from the California Department of Parks and Recreation; and WHEREAS, in light of the records establishing the acquisition and use of the Property for governmental and public purposes, the Oversight Board approved the amended long range property management plan and directed the Successor Agency to transfer ownership of the Resolution No. 14-007— Page 1 of 3 Property to the City with the adoption of Oversight Board Resolution OB 14-02 on January 16, 2014; and WHEREAS, the Department of Finance approved the amended long range property management plan on January 17, 2014, directing the conveyance of the Property to the City, WHEREAS, pursuant to Health and Safety Code Section 34181(f), the conveyance of the Property from the Successor Agency to the City will be submitted to the Oversight Board and Department of Finance for approval. NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY 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. The Successor Agency hereby authorizes and directs the conveyance of the Property to the City in accordance to this Resolution, and further authorizes the Chair (or in the Chair's absence, the Vice Chair) of the Board of Directors of the Successor Agency to execute and deliver a quitclaim deed, substantially in the form attached as Exhibit A. Section 3. The conveyance of the Property to the City is subject to Oversight Board and Department of Finance for approval pursuant to Health and Safety Code Section 34181(f). Section 4. The City Clerk of City shall certify to the passage and adoption of this Resolution and it shall thereupon take effect and be in force. Section 5. The City Clerk of City shall cause a certified copy of this Resolution to be recorded in the Official Records of San Bernardino County, California Resolution No. 14-007 — Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 51 day of February 2014. AYES: Alexander, Michael, Spagnolo, Steinorth, Williams NOES: None ABSENT: None ABSTAINED: None . nn Michael, M4or ATTEST: Ta,(Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 5'" day of February 2014. Executed this 6" day of February 2014, at Rancho Cucamonga, California. Janice C. Reyno ds, City C erk Resolution No. 14-007 — Page 3 of 3