DATE: September 22, 2015
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT
Title
Adoption of a Resolution for Acceptance of the Properties Located at 22675 and 22695 Mission Blvd from the Hayward Successor Agency (This report will be available on Monday, September 21, 2015)
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RECOMMENDATION
Recommendation
That the City Council adopts the attached resolution (Attachment I) accepting the transfer of specified Governmental Use Properties located at 22675 and 22695 Mission Blvd from the Hayward Successor Agency pursuant to the terms of the Revised Multi-Asset Long Range Property Management Plan.
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BACKGROUND
The California State Legislature enacted Assembly Bill x1 26 (the “Dissolution Act”) to dissolve redevelopment agencies formed under the Community Redevelopment Law in June of 2011. The California Supreme Court in its decision in California Redevelopment Association v. Matosantos, issued December 29, 2011, declared the Dissolution Act to be constitutional. Under the Dissolution Act, all California redevelopment agencies were dissolved effective February 1, 2012, and various actions are now required by successor agencies to unwind the affairs of all former redevelopment agencies.
On June 27, 2012, as part of the state budget package, the California legislature passed AB 1484. The main objective of AB 1484 was to amend the Dissolution Act based on experience in implementing the Act at the state and local level during the past year. AB 1484 imposes significant new obligations on the successor agencies and oversight boards of dissolving redevelopment agencies, which staff has been implementing over the past year.
One of the requirements under AB 1484 is for the Successor Agency to submit a Long-Range Property Management Plan (the "LRPMP") for approval to the Oversight Board and the Department of Finance (the "Department"). The Long-Range Property Management Plan provides an inventory of all real properties of the former Hayward Redevelopment Agency (the "Dissolved Agency"), except housing assets, which were transferred to the Hayward Housing Authority. The LRPMP also details a long-range strategic plan that will govern the disposition of all properties.
As required by Health and Safety Code Section 34191.5(b), the Successor Agency prepared a revised Multi-Asset Long-Range Property Management Plan dated May 19, 2015 (Attachment II - the "Revised LRPMP") which was submitted to and approved by the Successor Agency's Oversight Board.
The Revised LRPMP was then submitted to the Department and was approved by the Department by letter dated September 4, 2015 (Attachment III).
DISCUSSION
The real property and specified other assets of the Dissolved Agency were transferred to the ownership and control of the Successor Agency as of February 1, 2012 pursuant to Health and Safety Code Section 34175(b), including among others, the parcels of real property located at 22675 and 22695 Mission Blvd within the Project Area and subject to the Redevelopment Plan. These two parcels currently serve as municipal parking lots but will become the future site of the new Library and Community Learning Center recently approved by the City Council. Because these properties are intended for a “governmental use,” they will be transferred to the City to allow for construction of the new library.
Under Health and Safety Code Sections 34177(e), 34191.3 and 34181(a), governmental purpose properties constructed and used for roads, school buildings, parks and open space, police and fire stations, libraries, and local agency administrative buildings and other governmental purposes may be transferred to the public jurisdiction generally responsible for the ownership, operation and maintenance of public facilities in the City.
The City, as the public jurisdiction generally responsible for the ownership, operation and maintenance of public facilities in the City, is the appropriate public jurisdiction for the ultimate disposition of the Governmental Use Properties. The Successor Agency proposes to transfer to the City so that the City may continue to own, operate and maintain the Governmental Use Properties for the public purposes described in the Revised LRPMP.
The proposed disposition of the Governmental Use Properties to the City for continued use, operation and maintenance for Governmental Use Purposes is consistent with the City’s General Plan, the Former Agency’s approved redevelopment plan, and other applicable City codes and policies in that these local laws and plans call for continued public use and maintenance of the various public facilities dedicated for the uses in the Revised LRPMP.
ECONOMIC AND FISCAL IMPACT
There is limited economic impact associated with the transfer of these Governmental Use Properties to the City as the City already maintains these two parking lots. With the construction of the library and community learning center, the City will no longer have to maintain these two surface parking lots. Transfer of these assets does not create any new enforceable obligation of the Successor Agency, but rather carries forward the goals and objectives of the Successor Agency to divest itself of the properties and assets of the Dissolved Agency and to wind-down its affairs.
NEXT STEPS
Upon approval of the Resolution, the Successor Agency will transfer the properties to the City. Staff will be working over the coming months to facilitate disposition of the other properties identified in the Revised LRPMP.
Staff contact
Prepared and Recommended by: Kelly McAdoo, Assistant City Manager
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Approved by:
Fran David, City Manager
Attachments:
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Attachment I |
Resolution |
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Attachment II |
Revised Multi-Asset Long Range Property Management Plan |
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Attachment III |
Department Approval of LRPMP |