Staffreport
SUMMARY AND RECOMMENDATIONS
On March 3, 2011, the Redevelopment Agency transferred property assets to the City of San Leandro. ABx1 26 adopted by the State of California in June 2011 eliminated Redevelopment Agencies and voided certain transactions between the Redevelopment Agency and the City that occurred after January 1, 2011. Staff recommends adoption of a City resolution and Successor Agency resolution to transfer non-public property assets from the City to the Successor Agency as required by law.
BACKGROUND
On March 3, 2011, given the uncertainty regarding the future of redevelopment agencies, the Redevelopment Agency of the City of San Leandro (Agency), to avoid losing all land and improvements, transferred 21 properties from the Agency to the City of San Leandro (City) by way of a Disposition and Development Agreement.
The State of California’s passage of AB x1 26 in June 2011 and AB 1484 in June 2012 provided guidance for the disposal of redevelopment agency assets and mandated the reversal of property transfer transactions between the Redevelopment Agency and City that occurred after January 1, 2011. While the City’s and Successor Agency’s actions to date regarding these 21 parcels assumed that the March 2011 transfer was invalid, no action was taken to officially reverse the action.
With the assumption that these parcels were owned by the Successor Agency, on September 17, 2012, the Successor Agency authorized the transfer of 14 of these 21 parcels to the City due to their 1) being public purpose properties; or 2) because they were transferred to the Agency by the City in anticipation of use in redevelopment projects and per the transfer agreements, any revenue from these properties must be returned to the City.
Action is now being recommended to officially return the remaining seven non-public property assets listed below to the Successor Agency.
Address APN
212 Davis Street 075-0001-005-00
222 Davis Street 075-0001-006-00
250 Davis Street 075-0001-008-02
290 Davis Street 075-0001-010-02
1199 E. 14th Street 075-0001-004-00
1550 E. 14th Street 077-0540-009-00
1595 Washington Avenue 075-0005-011-01
As Successor Agency properties, these seven parcels will be subject to the disposition requirements of AB1484. After fulfilling various State requirements, the Successor Agency will prepare a Property Management Plan that will govern the disposal of these properties. Assuming all issues between the Successor Agency and the Department of Finance are resolved, the Property Management Plan will be brought to the Successor Agency as early as mid-2013.
Previous Actions
• On March 3, 2011 the City Council adopted Resolution No. 2011-058 Authorizing a Disposition and Development Agreement between the Redevelopment Agency and the City of San Leandro and the transfer of real property from the Agency to the City of San Leandro.
• On March 3, 2011 the Redevelopment Agency of the City of San Leandro adopted Resolution No. 2011-004 RDA Approving the Transfer of Real Property from the Agency to the City of San Leandro and Authorizing Execution of Disposition and Development Agreement with the City.
• On September 17, 2012 the City Council adopted Resolution No. 2012-105 Approving the Transfer of Certain Former Redevelopment Agency Real Property Assets to the City of San Leandro.
• On September 17, 2012 the Successor Agency to the Redevelopment Agency of the City of San Leandro Adopted Resolution No. 2012-012 SA Approving the Transfer of Certain Former Redevelopment Agency Real Property Assets to the City of San Leandro
Legal Analysis
This report and resolutions have been reviewed and approved as to form by the City
Attorney’s Office.
Fiscal Impacts - None
PREPARED BY: Cynthia Battenberg, Business Development Manager, Community Development Department