HomeMy Public PortalAbout09 September 12, 2005 Property73553
ReCOCcLO
• RIVERSIDE COUNTY TRANSPORTATION COMM/SS/ON
PROPERTY COMMITTEE
(Chair Robin Lowe, Commissioners Frank Hall; Ameal Moore, John Tavaglione, Roy Wilson)
11:00 a.m.
Monday, September 12, 2005
Riverside County Transportation Commission
Conference Room "A"
4080 Lemon Street, 3`d Floor, Riverside
AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENTS
3. PROPOSED SURPLUS REAL PROPERTY POLICY
Overview
This item is for the Committee to:
1) Approve the proposed Surplus Real Property Policy; and,
2) Forward to the Commission for final action.
4. PROPERTY TRADE FOR CITY OF RIVERSIDE MULTI -MODAL CENTER
Overview
This item is for the Committee to:
1) Approve the trade of Assessor Parcel Numbers (APN)-215-350-018
and 215-341-004 for approximately 6,500 square feet of the City of
Riverside's well site on Vine Street (APN 215-341-007) contingent
upon the opening of the East Side Metrolink parking lot on. Commerce
Street and the City funding of the costs of identification and
remediation of contaminants on APN 215-231-007, if any; and,
2) Forward to the Commission for final action.
11.36.9
5. CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8
Negotiating Parties: RCTC — Executive Director or Designee
Property Owners — See List of Property Owners
Item
APN
Property Owner(s)
Under Negotiation
1
135-220-021
135-220-023
1357220-025
135-220-027
Arnel Development Company
First Industrial Realty Trust, Inc.
(Grubb & Ellis)
Low & Archibald Real Estate
Group, Inc
Ridge Property Trust
South Coast Communities, LLC
Turner Development Corporation
Price and Terms
2
263-080-010
263-080-01 1
263-091-01 1
263-100-010
263-070-004
John C. Croul
Georgetown Properties, Inc
Price and Terms
3
581-090-006
OdegaardlMaerten
Price and Terms
4
932-220-025
Duncan Hare (Clark)
Price and Terms
B. CONFERENCE WITH LEGAL COUNSEL: EXISTING LITIGATION
PURSUANT TO SECTION 54956.9(a)
Case Numbers RIC 393367 and 393352
6. ADJOURNMENT
The next meeting ,is scheduled to be held on Monday, October 10, 2005, at
1 1:00 a.m. If there are no agenda items, the meeting will be cancelled.
AGENDA ITEM 3
i
RIVERS/DE COUNTY TRANSPORTATION COMMISSION
DATE:
September 12, 2005
TO:
Property Committee
FROM:
Stephanie Wiggins, Rail Department Manager
THROUGH:
Anne Mayer, Division Head, Programming and Administration
SUBJECT:
Surplus Real Property Policy
STAFF RECOMMENDATION:
This item is for the Committee to:
1) . Approve the Surplus Real Property Policy; and
2) Forward to the Commission for final action.
BACKGROUND INFORMATION:
Since 1990, the .Commission has acquired property assets in the course of rail and
highway project implementation. To date, the properties number over 625 parcels.
Upon project completion, properties are reassessed and are deemed surplus when it
has been determined that the continued retention of the property no longer
'supports the Commission's policy goals and objectives:
Over the past few years, only a handful of properties have been sold by the
Commission. However, staff anticipates a greater need to surplus and sale
properties over the next few years. The Surplus Real Property Policy establishes
uniform guidelines related to the disposition and sale of excess land. Even though
the bulk of the sales will be for fee -owned parcels, the Policy can be used as
guidance for the sale of land rights, e.g., quitclaim of easements in property owned
by RCTC. The Surplus Real Property Policy seeks to:
• Conform with Federal and State regulations regarding the disposition of
property;
• Maximize the financial return to RCTC from property sales;
• Establish a uniform criteria for evaluation of offers which includes:
1) highest price;
2) applicant's demonstration of financial and technical capability to
purchase the property; and
3) conformance to RCTC Purchase and Sales terms.
• Retain RCTC's right to reject all offers; and
" P r o h i b i t R C T C r e p r e s e n t a t i v e s , e m p l o y e e s , c o n s u l t a n t s , a g e n t s a n d t h e i r
f a m i l y m e m b e r s f r o m p r o f i t i n g f r o m a n y s a l e o f R C T C p r o p e r t y , e i t h e r
d i r e c t l y , o r i n d i r e c t l y , f r o m : t h e t i m e R C T C a d v e r t i s e s a n y p r o p e r t y f o r s a l e
t o t w o y e a r s a f t e r t h e t r a n s f e r o f a n y s u c h p r o p e r t y b y R C T C t o a t h i r d
p a r t y .
P o l i c y I s s u e : C o n s i d e r a t i o n o f P r o p o s e d L a n d U s e i n E v a l u a t i o n o f O f f e r s
T h e c u r r e n t R e q u e s t f o r O f f e r s f o r t h e P i e r c e a n d O l d 1 - 2 1 5 p r o p e r t i e s - i n c l u d e s
p r o p o s e d p r o p e r t y u s e / d e v e l o p m e n t c a p a b i l i t y a s a n e v a l u a t i o n c r i t e r i o n . H o w e v e r ,
t h e e l i m i n a t i o n o f t h i s c r i t e r i o n i n e v a l u a t i n g t h e o f f e r s w o u l d n o t c h a n g e t h e
r e c o m m e n d e d r a n k i n g . A d d i t i o n a l l y , a t i t s m e e t i n g l a s t J u n e , C o m m i s s i o n e r s r a i s e d
c o n c e r n s r e g a r d i n g t h e C o m m i s s i o n ' s r o l e i n l a n d u s e i n t h e c o n t e x t o f t h e
e s t a b l i s h m e n t o f t h e R a i l S t a t i o n J o i n t D e v e l o p m e n t G u i d e l i n e s . I n a n e f f o r t t o
e s t a b l i s h a t r a n s p a r e n t e v a l u a t i o n p r o c e s s a n d b e r e s p o n s i v e t o t h e c o n c e r n s r a i s e d
a t t h e J u n e m e e t i n g , t h e p r o p o s e d S u r p l u s R e a l P r o p e r t y P o l i c y d o e s n o t i n c l u d e
p r o p o s e d p r o p e r t y u s e / d e v e l o p m e n t c a p a b i l i t y a s e v a l u a t i o n c r i t e r i a f o r o f f e r s .
H o w e v e r , t h e p o l i c i e s . a n d p r o c e d u r e s o u t l i n e d i n t h e a t t a c h e d d r a f t d o c u m e n t
w o u l d b e a p p l i c a b l e t o f u t u r e s a l e s o f p r o p e r t y , n o t t h e c u r r e n t P i e r c e a n d
O l d 1 - 2 1 5 p r o p e r t y s a l e s .
D e v e l o p e d i n c o n s u l t a t i o n w i t h l e g a l c o u n s e l a n d E p i c L a n d S o l u t i o n s , t h e S u r p l u s
R e a l P r o p e r t y P o l i c y r e p r e s e n t s t h e f i r s t s t e p o f f o r m a l d o c u m e n t a t i o n o f p o l i c i e s
a n d p r o c e d u r e s r e l a t e d t o t h e C o m m i s s i o n ' s a s s e t s . F u t u r e p o l i c i e s f o r t h c o m i n g
f o r c o n s i d e r a t i o n b y t h e P r o p e r t y C o m m i t t e e i n c l u d e A c q u i s i t i o n P o l i c i e s a n d
P r o c e d u r e s a n d P r o p e r t y M a n a g e m e n t P o l i c i e s a n d P r o c e d u r e s .
A t t a c h m e n t : D r a f t S u r p l u s R e a l P r o p e r t y P o l i c y
DRAFT `
SURPLUS REAL PROPERTY POLICY
I. GENERAL PROVISIONS
A. Purpose"
The intent and purpose' of this policy ("Policy") is to establish uniform
guidelines related to the disposition and sale of surplus real property. Even
though the bulk of the sales will be for fee -owned parcels, this Policy can
also be used, wholly or partially, as guidance to staff for the sale of land
rights, e.g., quitclaim of easements in property owned by RCTC.
B. Prohibition of Interest in the Disposition of Surplus Property
RCTC representatives, employees, consultants, agents and their family
members are prohibited from purchasing; acquiring, obtaining an interest,
or profiting from any RCTC property either directly or indirectly from the
time RCTC advertises any property for sale to two years after the transfer
of any such property by RCTC to a third' party.
II. PROCEDURE FOR DISPOSITION OF SURPLUS REAL PROPERTY
A. Step 1: Property Research Prior to Disposition of Surplus Real Property
Prior to the disposition of any surplus real property, RCTC shall do the
following:
1. Determine whether there are any conveyance restrictions.
The Property Agent shall research whether the property in
question is subject to covenants or conditions imposed by any
original ` grantees of the property. For example; gifts of real
property often involve conditions subsequent whereby real
property "reverts" back to the grantor if the property is not used
for a specific purpose.
2.' Determine whether Property was purchased with federal or state
grant funds.
Prior' to disposing of any real property purchased by RCTC with
state or federal grant funds, RCTC should consult the terms of
the agreement under which the funding was accepted. In some
1
cases, disposal of property purchased with grant funds may :be
prohibited or restricted or subject to other regulations. Also, upon
the sale of surplus properties, RCTC may be required to reimburse
any federal or state agency that contributed funds for the
property's original acquisition, generally in conjunction with a,
major highway project. [Note: At this time the Federal Highway
Administration no longer requires a reimbursement. Instead, the
funds should be used for subsequent highway projects.] Any
State funds utilized in the acquisition must be reimbursed to the
State.
3. Determine whether Property is subject to any leases, licenses, or other
encumbrances.
The Property Agent shall determine whether there are any leases,
licenses, or other encumbrances attached to the property.
4. Conduct a field inspection.
The Property Agent shall conduct a field inspection of the
property to confirm, among other things, that the property ,in
question is no longer needed for RCTC purposes.
B. Step 2: Notice to Local Agencies
. Determine whether Surplus Land Act applies.
The Property Agent shall determine whether the Surplus Land Act
applies to the disposition of the property. The provisions of the
Surplus Land Act shall not apply to the following property:
(a) Surplus real property which is transferred pursuant to
Government Code section 25539.4, which states, among other
things, that a local agency may sell real property at less than its
fair market value "to provide housingaffordable to persons or
families of low or moderate income."
(b) Surplus real property which is 1) less than 5,000 square feet
in area, 2) less than the minimum legal residential building lot size
for the jurisdiction in which the parcel is located, or 5,000
square feet in area, whichever is less, or 3) has no record access
and is less than 10,000 square feet in area. The property must
not be contiguous to land owned by a state or local agency, which
2
I
is used for park, recreational, open space; or low- and moderate -
income housing purposes or is not located within' an enterprise
zone (a depressed area in which private investment is promoted
to stimulate business and industrial growth, as well as
employment opportunities) pursuant to Government Code section
7073, nor a designated program area as defined in Government
Code section 7082 (high priority areas for resources designated
by the Office of Criminal Justice Planning). If the property is not
sold" to an owner of contiguous land, it is not considered exempt
surplus land and is subject to the provisions of the Surplus Land
Act.
Notwithstanding subsection (a) and (b), the provisions of the
Surplus Land Act shall apply if the property; is located within a
coastal zone, or within 1,000 yards of a historical unit of the
State Parks System or eligible for the National Register of
Historic Places.
2. Contact local planning authority.
If it is determined that the Surplus Land Act is applicable to the
property, RCTC must contact the planning agency of the City or
County where the property is located so that the City or County
can have an opportunity to report on the conformity of the
"location, purpose and extent" of the sale to the City's or
County's general plan. (Government Code section 65402) Failure
of the City or County to report within forty (40) days after the
matter has been submitted is deemed a finding that the proposed
sale is in conformity with such general plan. It is important to
note that even if the City or County disapproves the location,
purpose or extent of such disposition, the disapproval may be
overruled by RCTC.
3. Notice to selected public entities.
At the same RCTC contacts the local planning authority, RCTC
shall send a written offer to sell or lease the property to the
following entities within whose jurisdiction the property is
located:
(a) The local entity assisting in developing low and moderate
income housing. (Health & Safety Code section 50079)
(b) Housing sponsors who request a written offer. (Health &
Safety Code section 50074) '
(c) The city _ and county parks/recreation department any
regional park authority, and the State Resources Agency for park
and recreation or open space purposes
(d) The local school district if the property is suitable for school
facilities construction or use by a school district for open -space
purposes.
(e) Any 'local nonprofit neighborhood enterprise association
corporation.(Government Code section 7073)
(f) Any program area agent established by the Economic
Employment and incentive Act (Government Code section 7078)
All offers shall be sent by first-class mail and include the location
and a description of the property. Any of the entities desiring to
purchase surplus land must notify RCTC within sixty (60) days of
receiving the written notice. RCTC must then enter into good -
faith negotiations to determine the sales prise. If no agreement
is reached within sixty (60) days, RCTC may proceed with the
general disposition process; there are no other statutory
requirements.
C. Step 3: Procedures for Sale of Property
1. Introduction.
If no public entity responds to RCTC's offer, RCTC may proceed
with the sale of the property in accordance with the procedures
outlines below.
2. Conduct appraisal.
If it is determined to be necessary, RCTC shall conduct an
appraisal of the property to determine its fair market value.
3. Preparation of Request for Offers; Solicit Offers.
(a) RCTC shall prepare a request for offers which solicits offers
for the property in question. The request for offers shall include,
4
among other things, provisions reserving the right to reject all
offers and seek future solicitations.
(b) RCTC shall advertise the property by posting notice of the sale"
on the property and/or advertising the property in local (e.g.
Riverside Press Enterprise) or regional (e.g. Los Angeles Times)
newspaper.
4. Offer.
Parties interested in purchasing the surplus property shallsubmit
formal offers to RCTC. Offers shall contain all of the following
information unless waived by RCTC: (i) name, address, and
telephone number of applicant; (ii) background' of applicant,
including experience in similar purchases; (iii) purchase price and
proposed financing for purchase; (iv) an acknowledgement that
the applicant has reviewed the request for offer and proposed
purchase and sale agreement; and (v) exceptions, if any, to the
Purchase and Sales Agreement. Any submitted offer shall remain
valid and shall not be withdrawn for a period of ninety (90) days
following the deadline for submission of offers,
5. SelectionCriteria
RCTC shall select the offer which in its judgment is the most
advantageous to RCTC using the following criteria for guidance:
(i) highest price; (ii) applicant's demonstration of financial and
technical capability to purchase, the property; (iii) compliance
with the terms of the request for offers.
6'. Selection.
(a) Initial Review and Approval.
The Property Agent will initially review each offer and shall select
the offers most advantageous to RCTC in accordance with the
criteria contained in section II.C.5 herein. Thereafter, the Property
Agent shall present the selected offers to the Property Committee
for review and consideration, with final approval on most
properties granted by the RCTC Board of Directors or Executive
Director, as appropriate. In its discretion, the Property Committee
may request that it view and consider all submitted offers.
5
(b) Counter-offers.
RCTC may consider counter-offers if the initial price, terms or
conditions are not acceptable.
(c) Escrow.
Once the offer of an applicant is selected and the successful
applicant is notified, a formal escrow will be opened at a RCTC
approved escrow company. For smaller parcels with minimal
value, RCTC may complete the sale and transfer of the property
without an escrow.
(d); Cancellation of Sale.
RCTC shall reserve the right to cancel the sale in part or in its
entirety" any time prior to the conveyance of the property. In the
event of cancellation of sale and/or rejection of any offers by
RCTC without cause, deposits shall be refunded without interest.
(e) Duties of Successful Applicant.
At RCTC's discretion, the successful applicant will be required to
enter into a purchase and sale agreement. Further, the successful
applicant may also be required to submit a deposit.
(f) Completion of Sale.
Upon completion of the sale, the Property Agent shall notify the
appropriate RCTC personnel of the property's sale. The file is
then closed and the data base revised to reflect the parcel's sale.
AGENDA ITEM 4
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE:
September 12, 2005
TO:
Property Committee
FROM:
Stephanie Wiggins, Rail Department Manager
THROUGH:
Anne Mayer; Division Head, Programming and Administration -
SUBJECT:
Property Trade for City of Riverside. Multi -Modal Center
STAFF RECOMMENDATION:
his item is for the Committee to:
1) Approve the trade of assessor parcel numbers (APN) 215-350-018
and 215-341-004 for approximately 6,500 square feet of the City of
Riverside's well site on Vine Street (APN 215-341-007) contingent
upon the opening of the East Side Metrolink parking lot on Commerce
Street and the City funding of the costs of identification and
remediation of contaminants on APN 215-341-007, if any; and
2) Forward to the Commission for final action.
BACKGROUND INFORMATION:
The City of Riverside's elected leadership desire to relocate the Riverside Transit
Agency's (RTA) Riverside Terminal from downtown has been debated for at least
15 years. In an effort to address the Council's desire, the City Manager is
requesting that RCTC agree to trade property with the City so that the RCTC
property can be used to support the relocation of the Terminal across the street
from the Downtown Metrolink station. (lt is important to note that the City is
proposing the RTA also use the adjacent public utility well site, due to the fact that
@ 2/3'°`S of the RCTC site will be eliminated with the SR 91 Project.)
The SR 91 Project is the last segment of State Route 91 improvements included in
the Measure "A" Program approved by the voters in November 1988. The Project
includes 6 miles of improvements between Adams Street and 60/91 /215
Interchange which will add HOV lanes, auxiliary lanes, bridge widening, and
sound/retaining walls. Currently, the Project is in the environmental phase of
development, however, it is anticipated that a portion of the Utility well site right of
way is needed for this project.
As a result, the staff recommends the following deal -points:
1. RCTC will trade parcels 215-350-018 and 215-341-004 for approximately
6,500 square feet of the City's well site on Vine Street
(parcel 2.15-341--007). (see attached map)
2. The City will be responsible for the cost of the Phase l; II, and remediation of
contaminants identified in the analysis, as necessary, on
parcel 215 341-007;
3. RCTC and the City will trade its parcels after the opening of the East Side
Metrolink parking lot on Commerce Street.
Attachments:
1) July 26, 2005 City of Riverside Agenda Item #72
2) August 12, 2005Letter to Brad Hudson, Riverside City Manager
3) SR 91 Improvement ROW Map
CITY OF
}ZUEI�SIDE
City Council Memorandum
•
4Ji1444I44004IIUN1.!0!”. .04004M Nn00! 4040444TWO4*,#.40W 4WORm„ep., 000-0*
TO:
HONORABLE MAYOR AND CITY COUNCIL
FROM: DEVELOPMENT DEPARTMENT
DATE: July 26, 2005
ITEM NO: 72
WARD: 2
SUBJECT: ESTABLISH A CITY MULTI -MODAL CENTER
ISSUE:
i
I
To provide the City Council with the concept for a new City multi -modal center combining the
Riverside Transit Agency (RTA) and Marketplace Metrolink station to share and enhance
mutual ridership opportunities.
i
i
RECOMMENDATIONS:
That the City Council:
I
1'. Direct Public Utilities to lease a portion of the Eleventh Street well site to RTA for the
I proposed multi -modal transportation center at a nominal cost for a period of thirty (30)"
years; and
2. Authorize the expenditure of funds to meet the City's commitments to the development of
the proposed City multi -modal center as outlined below.
BACKGROUND:
Currently, the RTA, the City of Riverside's Special Services, San Bernardino's OmniTrans, local taxi
providers, and Greyhound Bus Lines utilize the City's existing mass transit center located on
University Avenue. City, RTA, and RCTC staff have proposed a new City RTA/Metrolink multi -
modal center to be located adjacent to the Marketplace Metrolink Station. RTA has been awarded
"grant funding available to implement the multi -modal center that must be committed by September
of this year. The following deal points have been discussed:
•
1. The design and construction of the multi -modal center will be paid by RTA grant
funds, in an amount not to exceed $1,730,454. RTA will manage the proposed multi -
modal center.
2. RTA will continue to provide a minimum of $100,000 annually toward security at the new
multi -modal center for continuous private security patrol. It is RTA's intent to, piggyback
the Riverside County Transportation Commission's (RCTC) current Metrolink security'
contract. The City will increase police patrols at no cost to the RTA or RCTC.
3. RCTC will contribute their parcel, currently being utilized as a parking lot adjacent to the
south of the subject parcel, to the City. The westerly approximate two-thirds (2/3) of both
parcels will be absorbed by future SR91 improvements. The easterly one-third (1/3) of both
parcels will provide a single linear parcel for the proposed multi -modal center.
Council Memorandum • Page 2
4. Existing parking on the RCTC contribution parcel will not be replaced.
5. The City willbe responsible for the cost of the Phase I and Phase II 'analysis and
remediation of contaminants identified in the analysis, if any.
6. The City will be responsible for costs associated with the traffic and circulationcontrol
mitigation in and around the new multi -modal center.
7. The City will be responsible for the cost to fill the site to street level.-
8. Greyhound Bus Lines will not be relocated to this new location.
9. The City well will continue in operation following the development of the new multi -modal
center, either in the current or an alternate location.
10.Timing of the development of the multi -modal center will not cause the RTA to be without
either the current mass transit center or the proposed multi -modal center.
Utility staff believes -the proposed lease terms for the well site are reasonable. Since the well
site may be needed for treatment facilities in the long term, the Utility is not interested in selling
the property. The future SR91 improvements will significantly reduce the size of the property.
Alternatives for location of treatment facilities may also be explored during the term of the lease.
The lease terms allow the Utility the ability to retain the property for future needs while exploring
alternatives.
FISCAL IMPACT:
City Policing and development costs, including site environmental analysis, grading and fill, well
enhancements, and traffic mitigation have not yet been determined:
ALTERNATIVES:
Council could choose to not lease the Eleventh Street well site number to the RTA for the
proposed multi -modal center.
Submitted by: Approved by:
BELINDA J. GRAHAM BRADLEY J. HUDSON
Development Director City Manager
Approved as to form:
GREGORY P. PR,IAMOS
City Attorney
•
iversideCounty
sansportation Commission
August 12, 2005
Brad Hudson
City Manager
City of Riverside
3900 Main Street, 7s` Floor
Riverside, CA 92522
Riverside Cannot Regional Complex
4080 Lemon Street, 3rd Roar • Riverside, California
Mailing Address: Post Office Box 12008 • Riverside, California 92502-2208
Phone (951) 787-7141 • Fax (951) 787-7920 • wu w.reteorg
RE: Property Trade for City Multi -Modal Center
Dear Mr. on, 6R/`1
As follow-up to the July 26'" City Council action approving the establishment of a City Multi -modal
Center and related deal points, I would like to confirm the specific deal points we previously agreed to
regarding the transfer of properties between the Commission and the City.
As we have already discussed, the Commission owns two parcels that are currently being utilized as a
Metrolink parking lot adjacent to the Public Utility well site on Vine Street. The westerly approximate
two-thirds of both parcels will be absorbed by future SR91 improvements. As a result of the SR91
Project and growing Metrolink ridership, the Commission is currently completing final design for the
construction of a parking lot on the Fast Side of the downtown Riverside Station.
The SR91 Project is the last segment of Route 91 improvements included in the Measure "A" Program
approved by the voters in November 1988. The Project includes 6 miles of improvements between
Adams Street and 60/91/215 Interchange which will add HOV lanes, auxiliary lanes, bridge widening,
and sound/retaining walls. Currently, the Project is in the environmental phase of development, however,
it is anticipated that a portion of the Utility well site right of way is needed for this project.
Accordingly, the RCTC deal points are as follows:
1. RCTC will trade parcels 215-350-018 and 215-341-004 for approximately 6,500 square feet of
the City's well site on Vine Street (parcel 215-341-007). (see attached map)
2. The City will be responsible for the cost of the Phase 1, II, and remediation of contaminants
identified in the analysis, as necessary, on parcel 215-341-007.
3. RCTC and the City will trade its parcels after the opening of the East Side Metrolink parking lot
on Commerce Street.
Brad, your confirmation of these deal points will allow us to forward the recommendation to the
Commission for final approval. If you have any questions, please do not hesitate to contact me or my
staff, Stephanie Wiggins, at 951-787-7141.
Sincerely,
Eric A. Haley
Executive Director
Attachment: ROW map
Cc: Belinda Graham, Development Director
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