Resolution LSA 2023-### Page 1
RESOLUTION LSA 2023-###
RESOLUTION OF THE SAN PABLO LOCAL SUCCESSOR AGENCY APPROVING
AND, SUBJECT TO FURTHER APPROVAL BY THE OVERSIGHT BOARD AND
CALIFORNIA DEPARTMENT OF FINANCE, AUTHORIZING THE EXECUTIVE
DIRECTOR TO EXECUTE A PROPERTY TRANSFER AND INDEMNITY AGREEMENT
PROVIDING FOR THE TRANSFER OF CERTAIN REAL PROPERTY ( ONE-FOOT STRIP OF LAND, PARCEL NO. 412 -050-014) TO THE WEST CONTRA COSTA
UNIFIED SCHOOL DISTRICT
WHEREAS, pursuant to Part 1.85 of Division 24 of the California Health and Safety Code (Health and Safety Code Section 34170 et seq.; the “Dissolution Act”), on February 1, 2012, the San Pablo Local Successor Agency (the “San Pablo LSA”) succeeded to all assets, properties, contracts, leases, books and records, buildings, and equipment (the “redevelopment assets”) of the former Redevelopment Agency of the City of San Pablo (the “former Redevelopment Agency”) and is responsible for the wind-down of the affairs of the former Redevelopment Agency, including the disposition of the redevelopment assets of the former Redevelopment Agency; and
WHEREAS, a Property Transfer and Indemnity Agreement (the “Agreement”) has been prepared providing for the transfer of the San Pablo LSA’s right, title and interest to the real property depicted as the blue colored area in Exhibit A attached to the Agreement (identified therein and herein as “Area 2”) to the West Contra Costa Unified School District (“WCCUSD”) by quitclaim d eed, in consideration for which the WCCUSD will pay the nominal sum of ONE DOLLAR ($1.00), together with certain costs of the City of San Pablo and will indemnify the San Pablo LSA from and against any and all claims arising from any person or entity claiming an interest in Area 2, and any and all claims arising from the physical condition of Area 2 and/or the improvement and/or use of Area 2 by the WCCUSD; and
WHEREAS, the WCCUSD desires to acquire ownership of Area 2, together with an adjacent property possibly owned by the City of San Pablo and identified as Area 3, in connection with its Lake Elementary School Modernization Project; and
WHEREAS, children within the City of San Pablo attend the Lake Elementary School and the improvement of the Lake Elementary School will benefit those children as well as the overall community, and the San Pablo LSA desires to convey its interests in Area 2 to the WCCUSD; and
WHEREAS, pursuant to the Dissolution Act , the San Pablo LSA is required to dispose of all redevelopment assets of the former Redevelopment Agency as directed by the Oversight Board or as provided in a long range property management plan prepared and approved pursuant to Section 34191.5 of the Dissolution Act; and
LSA 2023-### 2
WHEREAS, the Countywide Oversight Board of Contra Costa County (the “Oversight Board”) is the oversight board for the San Pablo LSA pursuant to Section 34179 of the Dissolution Act; and
WHEREAS, the San Pablo LSA approved its Long Range Property Management Plan dated December 11, 2013 (“LRPMP”) by Resolution No. 2013- 014 adopted on December 16, 2013; the LRPMP of the San Pablo LSA was thereafter approved by the San Pablo Oversight Board (predecessor of the current Oversight Board) and the California Department of Finance; and
WHEREAS, Area 2 is a strip of land one foot in width located immediately adjacent to property owned by the WCCUSD and is currently used for public access to the WCCUSD’s Lake Elementary School in the City of San Pablo; and
WHEREAS, Area 2 is more specifically identified as Parcel No. 412 -050-014 and was acquired by the former Redevelopment Agency from the State of California, through the Tax Collector of the County of Contra Costa, for the sum of ten dollars ($10) by deed recorded on August 7, 1980, in the records of the Contra Costa County Recorder; and
WHEREAS, Area 2 was overlooked as an asset of the former Redevelopment Agency and was not included in the LRPMP of the San Pablo LSA at the time of its approval; consequently, the Oversight Board must approve the transfer to WCCUSD; and
WHEREAS, pursuant to Section 34181(f) of the Dissolution Act, before properties owned by the former Redevelopment Agency can be disposed of by the San Pablo LSA, the disposal must be approved by the Oversight Board, by resolution adopted at a public meeting after notice to the public of the specific proposed action, and the approval of the Oversight Board is subject to review by the California Department of Finance; and
WHEREAS, the California Department of Finance will have five (5) business days to request review after receiving notice of the Oversight Board’s action; if the Department of Finance requests review, it will have up to 100 days to review the action of the Oversight Board; if it does not request review, the Oversight Board’s action will be deemed approved; and
WHEREAS, in accordance with Government Code Sections 54221 and 54222.3, Area 2 is “exempt surplus land” and the transfer of Area 2 to the WCCUSD is not subject to the provisions of Government Code Section 54220 et seq. pertaining to the disposal of surplus land by the San Pablo LSA;
NOW, THEREFORE, the San Pablo LSA does hereby resolve as follows:
Section 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by this reference.
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Section 2. San Pablo LSA Approval . The San Pablo LSA hereby approves a Property Transfer and Indemnity Agreement providing for the transfer of Area 2 to the WCCUSD by quitclaim deed in a form to be approved by the San Pablo LSA’s Legal Counsel that does not substantially alter the San Pablo LSA ’s rights or responsibilities from what is set forth in the attached draft agreement.
Section 3. Request for Oversight Board Approval. The San Pablo LSA hereby requests that the Oversight Board approve and direct the transfer of Area 2 to the WCCUSD.
Section 4. Transmittal to Oversight Board. The San Pablo LSA hereby authorizes and directs the Executive Director to transmit a copy of this resolution and the accompanying staff report to the Oversight Board for its consideration.
Section 5. Effectuation of Transfer of Area 2. Following approval by the Oversight Board and the California Department of Finance (which may be a “deemed approval” if the Department of Finance does not choose to review the approval of the Oversight Board within five (5) business days), the Executive Director, or his designee, is hereby authorized and directed to execute a Property Transfer and Indemnity Agreement providing for the transfer of Area 2 to the WCCUSD by quitclaim deed as provided in Section 2 above, and take all actions necessary and appropriate to effectuate the transfer of Area 2 to the WCCUSD, with the consent of the San Pablo LSA’s Legal Counsel.
PASSED AND ADOPTED this 2nd day of October, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Dorothy Gantt, LSA Secretary Abel Pineda, Chair