RESOLUTION R20XX-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE MANTECA REDEVELOPMENT AGENCY, AS SELLER, AND THE CITY OF MANTECA, AS BUYER, FOR PROPERTY OWNED BY THE SUCCESSOR AGENCY AT 682 S. MAIN STREET, AND AUTHORIZING THE EXECUTION OF A CERTIFICATE OF ACCEPTANCE WHEREAS, pursuant to AB X1 26 (which became effective in June 2011) (as subsequently amended, the “Dissolution Act”) and the California Supreme Court’s decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), the Manteca Redevelopment Agency (“Former Agency”) was dissolved as of February 1, 2012, and the Successor Agency to the Manteca Redevelopment Agency (“Successor Agency”) was established to serve as the successor agency to the Former Agency; and WHEREAS, pursuant to the Dissolution Act, properties of the Former Agency, including the vacant parcel, approximately 8.06 acres in size, located in the City of Manteca at 682 S. Main Street (Assessor's Parcel No. 221-050-14) (“Property”), transferred to the Successor Agency by operation of law and the Successor Agency owns the Property in fee simple; and WHEREAS, the California Department of Finance (“DOF”) previously approved the Successor Agency’s Long-Range Property Management Plan (“LRPMP”), which requires the Successor Agency to sell the Property for its fair market value determined in accordance with an appraisal; and WHEREAS, under the Surplus Land Act, Government Code Sections 54220-54234 (“Surplus Land Act”), surplus land is land owned in fee simple by a local agency which is not necessary for the local agency’s use and for which the governing board takes formal action in a regular public meeting declaring the land is surplus, and the land must be declared either surplus land or exempt surplus land; and WHEREAS, the Successor Agency is a local agency within the meaning of the Surplus Land Act; and WHEREAS, the Successor Agency, pursuant to its Resolution No. ___, adopted on _____, 2022, has determined that the Property is exempt surplus land under Government Code Section 54221(f)(1)(D), which provides that land is exempt surplus land if a local agency is transferring the land to another local, state or federal agency for the local, state or federal agency’s use; and WHEREAS, it is proposed that the Property will be sold to the City for the purpose of the City’s development of a homeless navigation center and mixed-use project, including affordable housing, a community services building, and ground floor commercial uses, and a potential police substation on the Property; and WHEREAS, under the Dissolution Act, the Oversight Board for the Successor Agency (“Oversight Board”) must approve the Successor Agency’s sale of the Property to the City; and WHEREAS, pursuant to Section 34181(f) of the Health and Safety Code, the action of the Oversight Board taken to approve the Successor Agency’s sale of the Property to the City is required to be made at public meeting of the Oversight Board after at least 10 days' notice to the public of the specific proposed action; and WHEREAS, the purchase and sale agreement between the Successor Agency and City (“PSA”) for the sale of the Property includes as conditions to the closing thereunder that the Oversight Board approve the PSA/sale, and that the DOF either approve the Oversight Board’s action, or fail to timely request review in the time permitted by the Dissolution Act; and WHEREAS, the purchase price in the PSA ($1,760,000.00) is the appraised value of the Property based on a recent appraisal; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Manteca, as follows:
1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct, and establish the factual basis for the City Council’s adoption of this Resolution.
2. The City Council hereby approves the PSA substantially in the form attached hereto as Exhibit “A”.
3. Purchase of 682 S. Main Street is exempt from environmental review under the California Environmental Quality Act (CEQA), per section 15312 of title 14 of the California Code of Regulations (surplus government property sales). In addition, the purchase is exempt per section 15061 (b) (3) of title 14 of the California Code of Regulations. The potential future development of the site is conceptual only at this time and there is no definitive project that can be described or analyzed at this time. The City is not committing itself to any specific project at this time through the PSA. CEQA review requirements must and will be completed before any commitment to a specific project occurs and appropriate environmental review pursuant to CEQA will be completed and considered by the City Council at such time.
4. The Mayor is hereby authorized and directed, jointly and severally, to execute such instruments and do any and all things which they may deem necessary or advisable to effectuate this Resolution and all such actions previously taken are hereby ratified.
5. This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Manteca at a public meeting of said City Council held on the 5th day of April, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR: __________________________
BENJAMIN J. CANTU
Mayor
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
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