DATE: June 4, 2013 ITEM NO: 4

Transcription

1 4 TO: Inland Valley Development Agency Successor Agency Oversight Board DATE: June 4, 2013 ITEM NO: 4 PRESENTER: A.J. Wilson, Executive Director SUBJECT: CONSIDER AND ADOPT RESOLUTION NO OF THE OVERSIGHT BOARD OF THE INLAND VALLEY DEVELOPMENT AGENCY APPROVING THE LONG RANGE PROPERTY MANAGEMENT PLAN PURSUANT TO HEALTH AND SAFETY CODE SECTION SUMMARY Please reference the attached draft resolution. Additional information will be provided at the meeting. RECOMMENDED ACTION(S) Consider and adopt Resolution No of the Oversight Board of the Inland Valley Development Agency approving the Long Range Property Management Plan pursuant to Health and Safety Code Section FISCAL IMPACT Information regarding fiscal impact will be provided at the meeting. PREPARED BY: CERTIFIED AS TO AVAILABILITY OF FUNDS: APPROVED AS TO FORM AND LEGAL CONTENT: FINAL APPROVAL: Michael Burrows N/A Elizabeth Martyn AJ Wilson 015

2 BACKGROUND INFORMATION 4 At the December 11, 2012 meeting of the Oversight Board of the Inland Valley Development Agency, the Oversight Board adopted Resolution No approving a Policy on Transfer of Governmental Assets. On March 26, 2013, the State of California Department of Finance (DOF) issued a letter overturning that Oversight Board action. At a meeting with DOF staff on May 20, 2013, Staff inquired about the most appropriate means by which to resubmit such property transfers. DOF staff suggested that with the May 7, 2013 issuance of IVDA s Finding of Completion, that these proposed transfers be included in a Long Range Property Management Plan. A Draft Long Range Property Management Plan has been prepared and is attached for your consideration. Please reference the attached draft resolution. Additional information will be provided at the meeting. Attachments: 1. IVDA Oversight Board Resolution No Long Range Property Management Plan 3. Long Range Property Management Plan Checklist - California Department of Finance 016

3 RESOLUTION NO RESOLUTION OF THE OVERSIGHT BOARD TO THE INLAND VALLEY DEVELOPMENT AGENCY IN ITS CAPACITY AS SUCCESSOR AGENCY TO THE INLAND VALLEY DEVELOPMENT AGENCY (IVDA) APPROVING THE LONG RANGE PROPERTY MANAGEMENT PLAN PURSUANT TO HEALTH AND SAFETY CODE SECTION WHEREAS, the Inland Valley Development Agency (the IVDA ) is a federal base reuse authority organized under California State law as a joint powers authority created pursuant to Government Code Sections 6500, et seq., with the ability to use redevelopment powers (among others), established in January 1990 pursuant to that certain Amended Joint Exercise of Powers Agreement (Inland Valley Development Agency), dated as of February 12, 1990, by and among the City of San Bernardino, the City of Colton, the City of Loma Linda and the County of San Bernardino, as amended (the Agreement); and WHEREAS, pursuant to the provisions of ABx1 26, effective June 29, 2011, and as upheld by the California Supreme Court in CRA v. Matosantos, redevelopment agencies were dissolved effective February 1, 2012; and WHEREAS, before dissolution, the entity which formed a redevelopment agency could designate itself as the Successor Agency thereto; and WHEREAS, although the Inland Valley Development Agency ( IVDA ) challenges the application of ABx1 26, as it may be amended, to the IVDA, reserving all rights, on January 25, 2012, the IVDA Board adopted Resolution No , declaring pursuant to Health and Safety Code Section to serve as the Successor Agency to the IVDA, and to serve as the successor housing agency, should the IVDA be determined to be a redevelopment agency; and WHEREAS, the Oversight Board for the IVDA acting as the Successor Agency to the IVDA commenced meeting on or about April, 2012; and 1 017

4 WHEREAS, should the IVDA be determined to be a redevelopment agency, Health and Safety Code Section requires the IVDA Successor Agency to prepare a Long Range Property Management Plan detailing each commercial property that was owned by the IVDA at the time of the application of ABx1 26; and WHEREAS, the Long Range Property Management Plan must be reviewed and approved by the State of California Department of Finance before any potential real estate transaction(s) can occur; and WHEREAS, the Inland Valley Development Agency owned a number of parcels of nonresidential real property on February 1, 2012, which properties are in the control of the Successor Agency, which has prepared the Long Range Property Management Plan; and WHEREAS, Health and Safety Code Section sets out the requirements for a Long Range Property Management Plan to be prepared within six months of a finding of completion, which IVDA received on May 7, 2013; and WHEREAS, Health and Safety Code Section (c) (1) requires that the Oversight Board consider and approve the Long Range Property Management Plan before it is submitted to the State of California Department of Finance for its review; and WHEREAS, Successor Agency staff now has prepared a Long Range Property Management Plan pursuant to the requirements of state law and the guidelines and form provided by the Department of Finance, and as instructed by the Department of Finance staff during meet and confer meetings; and WHEREAS, upon approval of the Long Range Property Management plan by the State of California Department of Finance, the provisions of the plan for transfer and/or liquidation of real property may be carried out without further Oversight Board approval

5 NOW, THEREFORE, BE IT RESOLVED BY THE OVERSIGHT BOARD TO THE INLAND VALLEY DEVELOPMENT AGENCY IN ITS CAPACITY AS SUCCESSOR AGENCY TO THE INLAND VALLEY DEVELOPMENT AGENCY, AS FOLLOWS: SECTION 1. The above Recitals are true and correct and are incorporated herein by this reference. SECTION 2. Pursuant to Health and Safety Code Section (c) (1), the Oversight Board hereby approves and adopts the Long Range Property Management Plan, in the form attached to this Resolution No as Exhibit A. SECTION 3. The Oversight Board hereby directs the IVDA Successor Agency to submit a copy of the Long Range Property Management Plan approved by the Oversight Board to the State of California Department of Finance on or after the effective date of this Resolution No SECTION 4. Pursuant to Health and Safety Code Section 34179(h), all actions taken by the Oversight Board may be reviewed by the State of California Department of Finance, and, therefore, this Resolution No shall not be effective for five (5) business days, pending a request for review by the State of California Department of Finance. /// /// /// [SIGNATURES ON FOLLOWING PAGE] /// /// /// /// /// /// /// 3 019

6 PASSED, APPROVED AND ADOPTED this 4 th day of June Douglas Headrick, Chairman Oversight Board of the Inland Valley Development Agency, acting as the Successor Agency to the Inland Valley Development Agency (SEAL) Attest: Kelly Berry, Clerk of the Oversight Board of the Inland Valley Development Agency acting as the Successor Agency to the Inland Valley Development Agency I, Kelly Berry, Clerk of the Oversight Board of the Inland Valley Development Agency, acting as the Successor Agency to the Inland Valley Development Agency do hereby certify that the foregoing Resolution No was duly and regularly passed and adopted by the Oversight Board of the Inland Valley Development Agency acting as Successor Agency at a regular meeting thereof, held on the 4 th day of June, 2013, and that the foregoing is a full, true and correct copy of said Resolution and has not been amended or repealed. (SEAL) Attest: Kelly Berry, Clerk of the Oversight Board of the Inland Valley Development Agency acting as the Successor Agency to the Inland Valley Development Agency 4 020

7 EXHIBIT A LONG RANGE PROPERTY MANAGEMENT PLAN 5 021

8 DRAFT Inland Valley Development Agency Successor Agency LONG RANGE PROPERTY MANAGEMENT PLAN Real Property Acquired through Use of Tax Increment Funds June 4,

9 DRAFT INLAND VALLEY DEVELOPMENT AGENCY SUCCESSOR AGENCY LONG RANGE PROPERTY MANAGEMENT PLAN June 4, 2013 I. PURPOSE This proposed Long Range Property Management Plan (LRPMP) is being presented to the Oversight Board for the Inland Valley Development Agency (IVDA) Successor Agency for review and consideration. The LRPMP is intended to provide an overview of the IVDA Successor Agency property inventory for those real property interests acquired through the use of tax increment funds and establish guidelines for potential disposition under current State of California laws and regulations, as applicable. II. BACKGROUND The Inland Valley Development Agency (IVDA) is a regional joint powers authority (JPA) specifically designated by the Department of Defense (DOD) as the officially recognized Local Redevelopment Authority (LRA), as defined under 32 CFR Part 175, Section and under Public Law [also referred to as the Base Realignment and Closure Act (BRAC) Law] for the purpose of developing, managing, and implementing the comprehensive plan for conversion of the former Norton Air Force Base in San Bernardino, California (Norton AFB) to effective civilian reuse. As a regional JPA, the IVDA was formed pursuant to Article 1, Chapter 5 of Division 7 of Title I of the California Government Code and was afforded certain California Redevelopment Powers through adoption of special State Legislation (AB 419). Norton AFB was announced for closure under BRAC in 1988 and officially closed in Once designated by the DOD and State of California as a Base Reuse JPA, the IVDA was eligible to receive certain interests in former Norton AFB real property via transfer through Economic Development Conveyance and Public Benefit Conveyance processes. These property interests remain in the possession of the IVDA and other beneficiaries per the Federal conveyance process and are not subject to this LRPMP. Such real property comprises approximately 2,100 acres of former Federal lands consisting of the former Norton AFB, including what is now an FAA Part-139 certified public airport. The real and personal property transfers effectuated through the BRAC process occurred over many years, commencing with leasehold interests in 1995 and fee title interests in 1999 through All former Norton AFB lands are subject to specific environmental, airport, use, and/or operating requirements, restrictions and covenants. The passage of ABx1 26 and subsequently AB 1484 established certain requirements for public agencies which had exercised redevelopment powers to develop criteria for the method by which properties acquired through such means would be disposed. Overall, a successor agency which has received a finding of completion must prepare and submit a long range property management plan ( LRPMP ) to the Oversight Board and DOF within six months of receipt of its finding completion. IVDA received its finding of completion on May 7, The purpose of the LRPMP is to address the disposition and use of the real 2 023

10 DRAFT properties of the former RDA. (H&S Code Section (b)). The LRPMP must include an inventory of all properties with specific information set out in the statute and confirmed by use of the check provided by DOF. In addition, the LRPMP must address the use and disposition of all of the real properties. Permissible uses include the retention of property for governmental use pursuant to H&S Section 34181(a), retention of the property for development, sale, or use to fulfill an enforceable obligation. (H&S Section (c)). Governmental properties must be identified separately. As provided by AB 1484, the IVDA LRPMP also includes governmental properties. Health and Safety Code Section 34181(a) states that the Oversight Board shall direct the successor agency to Dispose of all assets and properties of the former redevelopment agency; provided, however, that the oversight board may instead direct the successor agency to transfer ownership of those assets that were constructed and used for a governmental purpose, such as roads, school buildings, parks, police and fire stations, libraries, and local agency administrative buildings, to the appropriate public jurisdiction pursuant to any existing agreements relating to the construction or use of such an asset. On December 11, 2012, the IVDA Oversight Board adopted Resolution No approving a Policy on Transfer of Governmental Assets, which identified the potential transfer of several parcels for specific governmental purposes. The Department of Finance (DOF) did not support that Oversight Board action (see Exhibit A March 26, 2013 letter). At the subsequent Meet and Confer requested regarding that decision, and held with DOF staff on May 20, 2013, DOF staff instead suggested that the IVDA prepare and submit a LRPMP to include these transfers since IVDA has received its finding of completion. Therefore, the purpose of this proposed LRPMP is to meet the requirement of AB 1484 to list and address the disposition of those real property interests held by IVDA as the successor entity (as opposed to those described above). III. IVDA PROPERTIES Section (c)(1) of the California Health and Safety Code, which was added as a part of AB 1484, requires that the LRPMP include an inventory of all properties held in the Community Redevelopment Property Trust Fund. For the IVDA Successor Agency, this includes 19 parcels described, hereinafter. As per the statute, each for these parcels has been described separately. A detailed inventory of the real property interests owned by the IVDA Successor Agency that were acquired through the use of tax increment funds is attached hereto as Exhibit B. These properties can be characterized as follows: i) properties which are subject to restrictive covenants for airport use and subject to contracts requiring transfer to the San Bernardino International Airport Authority (SBIAA) for public airport purposes; and ii) properties which were acquired along the 3 rd and 5 th Street corridor just north and west of the former Norton AFB which are to be disposed of through sale or other private conveyance for value. There are no properties which IVDA intends to retain for future development or to fulfill an enforceable obligation

11 DRAFT A. Properties subject to restrictions to be Transferred to the San Bernardino International Airport Authority for Public Airport Purposes (Airport Parking Parcels): The IVDA acquired a total of eleven (11) parcels of vacant land in 2007 located north of the San Bernardino International Airport along 3 rd Street and Sterling Avenue (Airport Parking Parcels). The Assessor Parcel Numbers of the affected parcels are listed below: Airport Parking Parcels: Lot # APN Book Value Total (16.34 ac): $ 5,175, Date of Acquisition and its value at that time, and an estimate of current value. The aforementioned Airport Parking Parcels were acquired in 2007 for $5,175, as a negotiated sale from a private owner to IVDA. The Airport Parking Parcels are comprised of eleven (11) individual parcels of vacant land, totaling acres. Given limited commercial real estate activity in this area over the past few years, the current value of these parcels is unlikely to have appreciated since acquisition. The purpose for which the property was acquired. The IVDA acquired the Airport Parking Parcels in furtherance of its Joint Powers Authority (JPA) obligations to support conversion of the former Norton AFB to public airport uses, including maintain a clear zone for the operations of the airport and for future airport parking. The property proposed for transfer is subject to certain restrictive covenants pursuant to a 1986 Norton AFB Air Installation Compatibility Use Zone (AICUZ) study directly resulting from DOD and airport operational requirements, which covenants run with the land and remain exceptions to title. Parcel data for each property, including address, lot size and current zoning. Because all prior uses on these properties were general agricultural uses, no physical addresses have been assigned. The Assessor Parcel Numbers are: ; ; ; ; 4 025

12 DRAFT ; ; ; ; ; ; These properties are vacant. The current zoning is Commercial-General. An estimate of current value of the parcel, including any appraisal information, if available. The aforementioned Airport Parking Facilities were acquired in 2007 for $5,175, as a negotiated sale. Given limited commercial real estate activity in this area over the past few years, the current value of these parcels is unlikely to have appreciated since acquisition. Therefore, the current value of these parcels is unlikely to have appreciated since acquisition. An estimate of any lease, rental or other revenues generated by the property and a description of the contractual requirements for disposition of those revenues. No known lease, rental or other revenues were reported prior to acquisition in 2007, nor have there been any rental activities since. Any history of environmental contamination or remediation efforts. There is no known history of environmental contamination at this site. A Phase One environmental review was performed during escrow which did not reveal any areas of concern. A description of the property s potential for transit-oriented development and the advancement of the planning objectives of the successor agency. Not applicable. These parcels were specifically acquired for public airport purposes pending approval from the Federal Aviation Administration, which approval was received in Transfer of these parcels to SBIAA would facilitate on-going airport operations and related compliance with federal and state regulations. While transit-oriented development (TOD) is a goal of many of the local municipalities, recent planning efforts have been focused on areas near downtown which are proximate to commuter rail infrastructure located further south and west of these parcels. Current local general plans in this area do not allow for high density residential or other types of TOD. A brief history of previous development proposals and activities, including the rental or lease of property. Historical uses on these parcels have been predominantly open space or agricultural. There have been no development or lease proposals since Other than airport uses, reuse of these properties are extremely limited due to land use and height restrictions. In fact, the United States Air Force previously acquired specific land use restrictions on these sites to ensure adequate safety and compliance with airport operations. More specifically, the parcels are subject to certain restrictive covenants pursuant to a 1986 Norton AFB Air Installation Compatibility Use Zone (AICUZ) study directly resulting from DOD and airport operational requirements, which covenants run with the land and remain exceptions to title (see Exhibit C Annotated Title Report and source documents). While some lands appurtenant to the former Norton AFB 5 026

13 DRAFT were encumbered with avigation easements, these specific parcels were subject to the AICUZ program whereby the Government obtained more substantial interests in the real property (see Exhibit D Norton AFB Final Environmental Impact Statement AICUZ Excerpts, July, 1990). In 2009, the SBIAA received confirmation from the United States Air Force (USAF) that, the avigation easements, acquired to support the operation of the Norton airfield, were granted by the Air Force to the SBIAA upon transfer of the airfield. (see Exhibit E USAF letter dated 2/12/09). Therefore, there is a contractual requirement to transfer these properties to SBIAA without cost. FAA completed its review and concurred with SBIAA s ALP and Narrative Report on May 15, 2012 and approved the ALP on June 27, 2012 and upon transfer, these parcels would be subject to applicable FAA and airport use restrictions. FAA s action approved land identified in the ALP as required for operation of the Airport. Such action is similar to those steps previously taken by the Federal Government relative to the AICUZ (see Exhibit F ALP exhibit on Airport Transfer). B. Properties to be Disposed of through Sale or Private Conveyance (3 rd and 5 th Street Parcels): The IVDA acquired a total of eight (8) parcels of vacant land in 2009 and 2010 located north of the San Bernardino International Airport along 3 rd Street and 5 th Street northwest of the San Bernardino International Airport (3 rd and 5 th Street Parcels). The Assessor Parcel Numbers of the affected parcels are listed below: 3 rd and 5 th Street Parcels: Lot # APN Book Value $ 5, $ 7, $ 29, $ 29, $ 156, Total (1.28 ac): $ 229, Date of Acquisition and its value at that time, and an estimate of current value. The 3 rd and 5 th Street Parcels (APN s Nos ; ; ; were acquired in 2009 as tax sales for $72, as tax sales. The aforementioned 3 rd and 5 th Street Parcels (APN s Nos ; ; ; and were acquired in 2010 as a negotiated sale for $156, These eight (8) individual parcels of vacant land, totaling 1.28 acres, which were acquired pursuant to the terms of a multi-jurisdictional cooperative agreement

14 DRAFT The purpose for which the property was acquired. These eight (8) individual parcels of vacant land were acquired for redevelopment purposes pursuant to the terms of a multi-jurisdictional cooperative agreement. Parcel data for each property, including address, lot size and current zoning. Because these are vacant land parcels, no physical addresses have been assigned. The Assessor Parcel Numbers are: ; ; ; ; ; ; ; and These properties are vacant. Parcel No is zoned Multiple Residential (RM). All other 3 rd and 5 th Street Parcels are zoned Neighborhood-Commercial (CN). An estimate of current value of the parcel, including any appraisal information, if available. The aforementioned 3 rd and 5 th Street Parcels were acquired in 2009 and 2010 for $229, Given limited commercial and residential real estate activity in this area over the past few years, the current value of these parcels is unlikely to have appreciated since acquisition. Therefore, the purchase price is an appropriate estimate of current value. An estimate of any lease, rental or other revenues generated by the property and a description of the contractual requirements for disposition of those revenues. There were no known lease, rental or other revenues reported prior to acquisition in 2009, nor have there been any rental activities. Any history of environmental contamination or remediation efforts. There is no known history of environmental contamination at this site. A Phase One environmental review was performed on the negotiated sale properties during escrow which did not reveal any areas of concern. A description of the property s potential for transit-oriented development and the advancement of the planning objectives of the successor agency. Not applicable. While transit-oriented development (TOD) is a goal of many of the local municipalities, recent planning efforts have been focused on areas near the downtown core which are proximate to commuter rail infrastructure and located further south and west of these parcels. Current local general plans in this area do not allow for commuter rail or passenger rail infrastructure to the 3 rd and 5 th Street parcels and do not support high density residential or other types of TOD. A brief history of previous development proposals and activities, including the rental or lease of property. There have been no development or lease proposals since acquisition

15 DRAFT IV. USE OR DISPOSITION OF PROPERTIES Section (c)(2) of the California Health and Safety Code requires that Successor Agencies address the use or disposition of all properties in the Community Redevelopment Trust Fund. The properties can be: 1) retained for governmental use, 2) retained for future development, 3) sold, or 4) used to fulfill and enforceable obligation. Therefore, this LRPMP directs that the real properties identified in Section III.A, (Airport Parking Parcels) of this LRPMP be disposed of through governmental conveyance to the San Bernardino International Airport Authority. It is recommended that the real properties identified in Section III.B, (3 rd and 5 th Street Parcels) of this LRPMP be disposed of through sale on the open market in a manner determined by IVDA to achieve maximum value. Proceeds from sale will be distributed to taxing entities

16 DRAFT Exhibit A March 26, 2013 Letter from DOF 9 030

17 031

18 032

19 DRAFT Exhibit B Property Inventory

20 1 034 Exhibit A Real Property Inventory Inland Valley Development Agency Successor Agency Long Range Property Management Plan Real Property Acquired through Use of Tax Increment Funds June 4, 2013

21 Informational For Discussion Purposes Former Norton air force base 2 3rd & 5th Street Parcels Airport Transfers Types of IVDA Property: 035

22 Airport Parking Parcels (Properties acquired through the use of Tax Increment Funds) Section 1.

23 Property Exhibit Proposed Airport Property Transfer from IVDA to SBIAA IVDA Proposed Airport Property Transfer

24 5 038 San Bernardino International Airport Lot # APN Book Value Total: $ 5,175, Sterling Ave. 6 th St. SMBMI 5 th St EVMWD rd St Proposed Transfer from IVDA to SBIAA (Airport Transfer) (16.34 ac)

25 3 rd and 5 th Street Parcels (Properties acquired through the use of Tax Increment Funds) Section 2.

26 Lot # APN Book Value $ 5, $ 7, $ 29, $ 29, Total $ 72, Total $ 156, Lot # APN Book Value $ $ $ $

27 Real Property Acquired through Use of Tax Increment Funds - Summary APN Property Type Recommended Transfer Method ;05;06;07 Airport Transfer Governmental Conveyance ;02;03;04;05 Airport Transfer Governmental Conveyance ; 02 Airport Transfer Governmental Conveyance Inland Valley Development Agency Policy on Transfer of Governmental Assets rd and 5 th Street Parcels Sale ; 23; 24 3 rd and 5 th Street Parcels Sale ; 10; 11; 25 3 rd and 5 th Street Parcels Sale

28 DRAFT Exhibit C Annotated Title Report Airport Parking Parcels

29 CLTA Preliminary Report Form Order Number: (43) (Rev. 11/06) Page Number: 1 Cheryl First American Title Company 323 Court Street San Bernardino, CA Phone: (909) Fax: (866) First American Title Company 520 North Central Avenue Glendale, CA Customer Reference: Order Number: (43) Title Officer: Terry Galloway Phone: (818) Fax No.: (866) tgalloway@firstam.com Buyer: TBD Owner: Sterling Norton Investment Co. Property: Vacant Land San Bernardino County, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. First American Title 043

30 Order Number: (43) Page Number: 2 This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a binder or commitment should be requested. First American Title 044

31 Order Number: (43) Page Number: 3 Dated as of July 18, 2007 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: 1992 ALTA Loan Policy ( ) A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: STERLING NORTON INVESTMENT CO., A CALIFORNIA LIMITED PARTNERSHIP The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year , a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. The effect of the following as disclosed by an ALTA survey by Massaro & Welsh, dated September, 2007, Job number : The fact that a signal box and fiberoptic cable line encroach onto said land between Fifth Street and Lot 20, approximately 6.69 feet as disclosed by said survey. The fact that a 5 foot high wire fence encroach onto said land along the west line of parcel numbers and 005 approximately 0.26 feet as disclosed by said survey. The Following Matters Affect Parcels 1, 2 and 3: 4. Rights of the public in and to that portion of the land lying within roads, streets and highways. First American Title 045

32 Order Number: (43) Page Number: 4 5. An easement for public utilities and incidental purposes, recorded July 21, 1949 in Book 2437 Page 333 of Official Records. In Favor of: Associated Telephone Company, Ltd., a Corporation and Southern California Edison Company, a Corporation Affects: West 5 feet of South feet to the North feet of East feet of Lot The provisions and restriction imposed under the Air Installation Compatible Use Zone (AICUZ) study for Norton Air Force Base as referred to the deed from the United States of America recorded September 25, 1986, as Instrument No , Official Records. Affects : Property living south of 5th street and north of 3rd street. 7. The provisions and restriction imposed under the Air Installation Compatible Use Zone (AICUZ) study for Norton Air Force Base as referred to the deed from the United States of America recorded September 25, 1986, as Instrument No , Official Records. 8. The terms and provisions contained in the document entitled "Resolution No. 89-8" recorded January 16, 1989 as Instrument No of Official Records. The Following Matters Affect Parcels 4, 5, 6, 7 and 8: 9. An easement for flood control and incidental purposes, recorded April 22, 1942 in Book 1529 Page 407 of Official Records. In Favor of: San Bernardino County Flood Control District, a Body Politic and Corporate Affects: Portions of lots 1 and 2 in block An easement for flood control and incidental purposes, recorded in Book 7687, Page 742 of Official Records. In Favor of: San Bernardino County Flood Control District, a Body Politic and Corporate Affects: Portions of lots 1 and 2 in block The provisions and restrictions imposed under the air installation compatible use zone (AICUZ) study for norton air force base as referred to the deed from the united states of america recorded september 25, 1986, as instrument no , Official Records. Affects: Property lying south of 5th street and north of 3rd street. 12. The provisions and restrictions imposed under the air installation compatible use zone (AICUZ) study for norton air force base as referred to in the deed from the United States of America recorded September 25, 1986 as Instrument No , Official Records. 13. An easement for road, public utilities and incidental purposes, recorded in Book 6538 Page 319 of Official Records. In Favor of: County of San Bernardino Affects: Portions of parcels 4, 5, 6, 7, 8, and 9 within sterling avenue and fifth street and third street. First American Title 046

33 Order Number: (43) Page Number: An easement for roads, public utilities and incidental purposes, recorded in Book 8022 Page 1059 of Official Records. In Favor of: County of San Bernardino, California Affects: Portions of parcels 4, 5, 6, 7, 8, and 9 within sterling avenue and fifth street and third street. 15. The terms and provisions contained in the document entitled "Resolution No. 89-8" recorded January 16, 1989 as Instrument No of Official Records. The Following Matters Affect Parcels 9 and 10: 16. An easement for flood control and incidental purposes, recorded in Book 7687 Page 742 of Official Records. In Favor of: San Bernardino County Flood Control District, a Body Politic and Corporate Affects: The land 17. The provisions and restriction imposed under the Air Installation Compatible Use Zone (AICUZ) study for Norton Air Force Base as referred to the Deed from the United States of America recorded September 25, 1986, as Instrument No , Official Records. Affects: Property lying South of 5th Street and North of 3rd Street. 18. The provisions and restrictions imposed under the Air Installation Compatible Use Zone (AICUZ) study for Norton Air Force Base, as referred to in the Deed from the United States of America recorded September 25, 1986, as Instrument No , Official Records. First American Title 047

34 Order Number: (43) Page Number: 9 LEGAL DESCRIPTION Real property in the City of San Bernardino County, County of San Bernardino, State of California, described as follows: PARCEL 1: THAT PORTION OF LOT 20, IN BLOCK 50, RANCHO SAN BERNARDINO, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 20, FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT; THENCE WEST A DISTANCE OF FEET; THENCE SOUTH FEET PARALLEL TO THE EAST LINE OF SAID LOT; THENCE EAST FEET TO THE EAST LINE OF SAID LOT 20; THENCE NORTH ALONG THE EAST LINE OF SAID LOT, FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF THE WEST HALF OF STERLING AVENUE, 82.5 FEET WIDE, ADJOINING THE ABOVE DESCRIBED LAND ON THE EAST. EXCEPTING THEREFROM ALL RIGHTS IN OR TO ANY OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND ALL OTHER MINERALS IN, ON, OR UNDER THE SUBJECT PROPERTY, TOGETHER WITH THE RIGHT TO TAKE AND RECOVER POSSESSION AS RESERVED IN THE DEED RECORDED SEPTEMBER 25, 1986, AS INSTRUMENT NO , OFFICIAL RECORDS. PARCEL 2: ALL THAT PORTION OF LOTS 19 AND 20, BLOCK 50 OF THE RANCHO SAN BERNARDINO, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID LOT 20, AND BEING THE WEST LINE OF STERLING AVENUE, FEET SOUTH FROM THE NORTHEAST CORNER OF SAID LOT 20; THENCE WEST A DISTANCE OF FEET TO THE WEST LINE OF THAT CERTAIN TRACT OF LAND CONVEYED BY MINNIE HERRINGTON TO ANNA CRANDALL BY DEED DATED AUGUST 20, 1928 AND RECORDED IN BOOK 405, PAGE 47, OFFICIAL RECORDS; THENCE SOUTH ALONG THE WEST LINE OF SAID TRACT OF LAND CONVEYED BY SAID DEED TO ANNA CRANDALL, A DISTANCE OF FEET; THENCE EAST FEET, MORE OR LESS, TO THE EAST LINE OF SAID LOT 20; THENCE NORTH FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF THE WEST HALF OF STERLING AVENUE, 82.5 FEET WIDE, ADJOINING THE ABOVE DESCRIBED LAND ON THE EAST. EXCEPTING THEREFROM ALL RIGHTS IN OR TO ANY OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND ALL OTHER MINERALS IN, ON OR UNDER THE SUBJECT PROPERTY, TOGETHER WITH THE RIGHT TO TAKE AND RECOVER POSSESSION AS RESERVED IN THE DEED RECORDED SEPTEMBER 25, 1986, AS INSTRUMENT NO , OFFICIAL RECORDS. PARCEL 3: THAT PORTION OF LOTS 19 AND 20 IN BLOCK 50 OF THE RANCHO SAN BERNARDINO, IN THE First American Title 048

35 Order Number: (43) Page Number: 10 COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID LOT 20 WITH THE NORTH LINE OF FIFTH STREET, AS CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED DECEMBER 26, 1947, IN BOOK 2180, PAGE 410, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH FEET TO THE SOUTH LINE OF THE LAND CONVEYED BY ANNA CRANDALL, A WIDOW, TO JOHN L. WILLIAMS AND MARY M. WILLIAMS, HUSBAND AND WIFE, AS JOINT TENANTS, RECORDED NOVEMBER 30, 1944, IN BOOK 1725, PAGE 238, OFFICIAL RECORDS OF SAID COUNTY; THENCE WEST ALONG THE SOUTH LINE OF SAID WILLIAMS LAND A DISTANCE OF FEET TO THE WEST LINE OF THAT CERTAIN TRACT OF LAND CONVEYED BY MINNIE HERRINGTON TO ANNA CRANDALL, BY DEED DATED AUGUST 20, 1928, AND RECORDED IN BOOK 405, PAGE 47, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH ALONG THE WEST LINE OF SAID TRACT OF LAND CONVEYED BY SAID DEED TO ANNA CRANDALL FEET TO ITS INTERSECTION WITH THE NORTH LINE OF SAID FIFTH STREET; THENCE EAST ALONG THE NORTH LINE OF SAID FIFTH STREET TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF THE WEST HALF OF STERLING AVENUE, 82.5 FEET WIDE, ADJOINING THE ABOVE DESCRIBED LAND ON THE EAST. EXCEPTING THEREFROM ALL RIGHTS IN OR TO ANY OIL, GAS AND OTHER HYDROCARBON SUBSTANCE AND ALL OTHER MINERALS IN, ON OR UNDER THE SUBJECT PROPERTY, TOGETHER WITH THE RIGHT TO TAKE AND RECOVER POSSESSION AS RESERVED IN THE DEED RECORDED SEPTEMBER 25, 1986, AS INSTRUMENT NO , OFFICIAL RECORDS. APN: , , and First American Title 049

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49 DRAFT Exhibit D Norton AFB FEIS AICUZ Excerpts Airport Parking Parcels

50 ore rile COPY E5 AV. 9PS1 AD-A Final Environmental Impact Statement for the Closure (Withdrawal of Units) of Norton Air Force Base, California July 1990 DTIC ELFCTE DEPARTAM OF ThE AIR FORCE Hadmum'sis M il y Airlift Command, Scott Air Force Base, Min os!f",. n I 064

51 Archaeological, Cultural, and Historic Resources MAC, the parent command for Norton AFB, has had a long-standing agreement with the National Park Service (NPS), under which the NPS provides technical advice. MAC received the NPS management recommendations for Norton AFB prior to the announcement regarding closure; MAC has asked the NPS to reevaluate its recommendations (for surveys, etc.) so that they reflect the effects of closure. As soon as those recommendations are available, MAC will use them as a basis for a formal consultation with the SHPO. Based on the NPS recommendations to date, MAC expects to accomplish a survey of historic archaeological sites, with a lesser possibility of a prehistoric survey. Because of the NPS concerns regarding the potential significance of the World War If facilities on Norton AFB, these facilities are being evaluated under an ongoing DOD study. The study is being accomplished in accordance with a programmatic memorandum of agreement (PMOA) between the Advisory Council on Historic Preservation, National Council of State Historic Preservation Officers, and DOD. A search of archaeological records for Norton AFB disclosed a survey, by non-air Force sources, of part of the base. That survey revealed four historical archaeological sites located in the refuse disposal area (Ross 1989). In addition, further investigation is pending for four other sites; however, historical maps suggest that 21 other archaeological sites may be located on the base. Subsequent Air-Force-sponsored investigations will determine whether any sites are significant enough to be on the National Register of Historic Places Noise Noise levels resulting from existing aircraft operations at Norton AFB have been estimated as part of the Air Force Air Installation Compatible Use Zone (AICUZ) program. The AICUZ program is designed to provide updated information on the flight operations of the base, as well as land use compatibility guidelines, to assist local community planning efforts in dealing with the impacts of these operations. Estimated noise levels from aircraft using Norton AFB were most recently updated in This Norton AFB AICUZ report is available from the 63rd MAW Public Affairs Office, Norton AFB, upon requefst. The AICUZ program uses various types of information to estimate noise levels, including types of aircraft, flight patterns, power settings, number of flight operations, and time of day or night. This information is used in the computer model NOISEMAP 5.2. The output of this analysis is expressed in terms of the day-night average sound level (Ldn) (see App. D). The Ldn value represents the adjusted 24-hour average sound level, in decibels, for the period from midnight to midnight. The adjustment involves addition of 10 db to sound levels occurring during the night (from 2200 to 0700 hours) to account for increased sensitivity to noise during normal sleeping hours. The EPA has adopted Ldn as the standard measure for estimating noise impacts. 065

52 3-29 Daily flight operations, the primary TABLE 3.7 Flight Operations at input data used to estimate noise levels, are Norton AFB summarized in Table 3.7. Figure 3.9 shows the flight tracks in the vicinity of Norton for aircraft taking off and landing at the Norton airfield. Runway 06 is used for Avg. No. of 89.5% of the operations, and Runway 30 is Aircraft per Busy Day used for the remaining 10.5%. Transient aircraft uses of Norton Assigned AFB, which comprised about 45% of the C flight operations in 1987, are primarily of C the following types: C " Norton AFB has been Transient designated as the principal C arrival and departure T airport for U.S. Army and T Marine units rotating DC through their respective B training facilities at Ft. K/DC-10/L Irwin and Twenty-nine Business jet 0.84 Palms. Both commercial and Air Force aircraft are aan operation is one takeoff used in these transfers. and one landing combined. * Commercial carriers transit Source: AFESC (1989). Norton AFB daily in their support of Air Force requirements for urgent movement of priority parts and supplies. " in addition to the above, Norton AFB, like all other Air Force bases, frequently hosts a variety of aircraft on various missions for each of the military services. Brief descriptions of military aircraft currently assigned to Norton AFB are given in App. A. The estimated noise isopleths (Ldn) surrounding Norton AFB for existing aircraft operations are illustrated in Fig The isopleths primarily extend outward from the base in the directions of the most frequent flight paths. The areas with estimated noise levels less than 65 db are in general compatible with most land uses (see Table 3.8). Residential development is discouraged in areas with estimated levels of db. If residential development does occur, the guidelines recommend construction designs that achieve a noise level reduction (NLR) of 25 db. Most nonresidential land use is generally compatible with noise levels below 65 db. 066

53 ccn K '0 0 0 C-,- C-E /141 7 I C.d 067

54 Miles Rialto Municipal 1- Airport 3.1 Eeda ( -o rce Ada ted from Colton i NortonA AFB -30 b lng o nsing t on dsg Ah~itd -- r not vl e Redlnds Municipl 65 l uo or Airport hl P,,,ers;je/... FIGURE 3.10 Estimated Noise Isopleths (Ldn) from Aircraft Using Norton AF13 (Source: Adapted from Norton AF c) For areas with estimated noise levels of db, which are limited to within 2 mi of Norton AFB (primarily in the direction of extensions to the main runway), the guidelines recommend additional land use limitations or inclusion of higher NLRs in building construction design. Areas with estimated noise levels above 75 db extend less than I mi from the base boundaries. These areas are incompatible with residential development; for other land uses, NLRs of 30 db or more are recommended for buildings where the public is received, where office areas are located, or where the normal noise level is low. The municipalities surrounding Norton AFB regularly submit zoning proposals to the Norton AFB community planning office f'or review. Recommendations on zoning that 068

55 3-32 I TABLE 3.8 Summary of Land Use Compatibility Guidelines Guideline for Use of Area with Given Ldn Average Sound Level Land Use Category db db <65 db Residential NLR of 30 db; use NLR of 25 db; Compatible strongly discouraged use discouraged Industrial/manufacturing Compatible; NLR of Compatible Compatible 25 db required for public areas Transportation, communi- Compatible; NLR of Compatible Compatible cation, and utilities 25 db required for public areas Commercial retail trade NLR of 25 db Compatible Compatible Cultural, entertainment, Varies depending Compatible Compatible and recreation on specific uie Resource production and Compatible Compatible Compatible extract ion Personal and business NLR of 25 db Compatible Compatible services Source: Norton AFB (1988c). are compatible with noise guidelines are then provided to municipalities by Norton AFB. This process has successfully avoided most major conflicts with noise level zoning cnnstraints. Some residential and commercial development has occurred within the 65- to 75-dB isopleths. The extent to which these developments follow the NLR guidelines (Table 3.8) is not known Aircraft Safety Factors Accident Potential Zones and Building Height Limitations The AICUZ program provides information on the relative potential for accidents in areas surrounding Norton AFB involving aircraft using the base. Air-Force-wide data for 658 aircraft accidents during the period showed the areal distribution of 069

56 3-33 accidents given in Fig Seventy percent of the accidents in this data base occurred ir areas within 1,000 ft of the side of runways or in an area 3,000 ft wide extending 15,000 ft beyond the end of the runway. To ensure that incompatible land uses could not occur within the clear zone, the area of greatest noise and safety hazard, the Air Force acquired property rights to the clear zone acreage. The defined accident potential zones (APZs) project the accident potential relative to other zones but do not project the probability for an accident to occur. Also, the accident statistics are for all Air Force aircraft and are not specific to Norton AFB aircraft. Based on these data, land,- zones are defined in the vicinity of airfields as shown in Fig and illustrated for Norton AFB in Figs and The land use compatibility guidelines for these zones are given in Table 3.9. Except for agriculture, fishing, or forestry activities requiring only low labor intensity, the clear zone is to remain undeveloped (Fig. 3.12). (The three clear zone parcels outside the Norton AFB boundaries are covered by perpetual cut-to-ground easements, which are owned by the Air Force.) The Air Force recommends that residential development not occur in either APZ I or II (Fig. 3.13). The recommendations, however, suggest that development of other activities in APZ I and Il may occur on a selected basis depending primarily on densities of structures and people. The development in the vicinity of Norton AFB includes some deviations from the APZ recommendations. The Air Force has established criteria on height limitations of structures in areas surrounding the runway at Norton AFB. Figure 3.14 illustrates the region, extending up to 9.5 mi (50,000 ft) from the ends of the runway and 8.4 mi (44,500 ft) laterally, in which the height of structures is limited to 500 ft or less to avoid obstructing incoming or departing aircraft. Details of the specific height limitations in this area are given in Fig Bird Aircraft Strike Hazard (BASH) There is a wide variety of bird species in the vicinity of Norton AFB; however, there have been few bird strikes. One area of concern is a municipal landfill located less than one-half mile from the Norton AFB runway; the landfill is the most significant attractant in the area. There has been some increase in bird activity near Norton AFB ft P 5000 ft 7000 ti Clear Zone Zone I Zone T o y of Accdents 8% of Accidents 5% of Accidents 0 28% of Accidents FIGURE 3.11 Statistical Distribution of Air-Force-Wide Accidents near Airfields ( ) (Source: Adapted from Norton AFB 1988c) 070

57 DRAFT Exhibit E USAF Letter Airport Parking Parcels

58 072

59 DRAFT Exhibit F ALP Exhibit Airport Parking Parcels

60 IVDA Proposed Airport Property Transfers Proposed Airport Property Transfer from IVDA to SBIAA Property Exhibit 074

61 LONG-RANGE PROPERTY MANAGEMENT PLAN CHECKLIST Instructions: Please use this checklist as a guide to ensure you have completed all the required components of your Long-Range Property Management Plan. Upon completion of your Long-Range Property Management Plan, a PDF version of this document and your plan to: Redevelopment_Administration@dof.ca.gov The subject line should state [Agency Name] Long-Range Property Management Plan. The Department of Finance (Finance) will contact the requesting agency for any additional information that may be necessary during our review of your Long-Range Property Management Plan. Questions related to the Long-Range Property Management Plan process should be directed to (916) or by to Redevelopment_Administration@dof.ca.gov. Pursuant to Health and Safety Code , within six months after receiving a Finding of Completion from Finance, the Successor Agency is required to submit for approval to the Oversight Board and Finance a Long- Range Property Management Plan that addresses the disposition and use of the real properties of the former redevelopment agency. GENERAL INFORMATION: Agency Name: Inland Valley Development Agency Date Finding of Completion Received: May 7, 2013 Date Oversight Board Approved LRPMP: June 4, 2013 Long-Range Property Management Plan Requirements For each property the plan includes the date of acquisition, value of property at time of acquisition, and an estimate of the current value. Yes No For each property the plan includes the purpose for which the property was acquired. Yes No For each property the plan includes the parcel data, including address, lot size, and current zoning in the former agency redevelopment plan or specific, community, or general plan. Yes No For each property the plan includes an estimate of the current value of the parcel including, if available, any appraisal information. Yes No Page 1 of 3 075