HomeMy WebLinkAboutItem #3OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF LAKE ELSINORE
TO: CHAIRMAN WILLIAMS AND MEMBERS OF THE OVERSIGHT BOARD
FROM: BARBARA LEIBOLD, SUCCESSOR AGENCY COUNSEL
DATE: OCTOBER 22, 2013
SUBJECT: LONG RANGE PROPERTY MANAGEMENT PLAN
Recommendation
It is recommended that the Oversight Board to the Successor Agency adopt Resolution
OB 2013 -009, A Resolution of the Oversight Board to the Successor Agency of the
Redevelopment Agency of the City of Lake Elsinore Approving a Long Range Property
Management Plan for Successor Agency Properties.
Background
On December 29, 2011, the California Supreme Court issued its decision in the
California Redevelopment Association v. Matosantos case, finding ABx1 26 (the
"Dissolution Act") largely constitutional. The Court's decision dissolved the
Redevelopment Agency of the City of Lake Elsinore (the "Redevelopment Agency ")
along with all other redevelopment agencies in the state effective February 1, 2012. The
City of Lake Elsinore (the "City ") elected to be the "Successor Agency" to the former
Redevelopment Agency in accordance with the Dissolution Act.
On June 27, 2012, AB 1484 was signed by Governor Brown and took immediate effect,
AB 1484 made technical and substantive amendments to the Dissolution Act and
required successor agencies to conduct a due diligence review to determine the
unobligated cash balances available for transfer to taxing entities in both the housing
fund and all other non - housing funds of the former Redevelopment Agency. Both the
housing fund and non - housing fund due diligence reviews have been completed and
accepted by the State Department of Finance (DOF). As part of AB 1484, those
agencies who have received approval of their due diligence reviews are granted a
"Finding of Completion ".
On April 26, 2013, the DOF issued a Finding of Completion to the Successor Agency.
Pursuant to Health and Safety Code Section 34191.5(b), within six months after
receiving a Finding of Completion from the DOF, the Successor Agency is required to
submit for approval to the Oversight Board and the DOF a Long Range Property
Management Plan (Management Plan) that addresses the disposition and use of the
real properties owned by the Successor Agency.
AGENDA ITEM 3 Page 1
Long Range Property Management Plan
October 22, 2013
Page 2
The Management Plan includes an inventory of all non - housing real property assets of
the former Redevelopment Agency now held by the Successor Agency. The
Management Plan does not include housing real property that was transferred to the
City as Housing Successor. The properties acquired by the former Redevelopment
Agency for low and moderate income housing purposes are exempt from the
Management Plan and are not required to be disposed of pursuant to the requirements
of AB 1484.
The Successor Agency held a Study Session on October 8, 2013 discussing the forty
eight (48) separate legal parcels owned by the Successor Agency and the proposed
characterization of each property or grouping of parcels in the Management Plan,
Discussion
Overview of Management Plan: As of the date of dissolution, the former Redevelopment
Agency owned 55 parcels, 7 of which were acquired for affordable housing purposes
and are not addressed in this report or included as part of the Management Plan. In
accordance with Section 34191.5(c)(1) of the California Health & Safety Code, the
Management Plan includes an inventory of the remaining 48 parcels owned by the
Successor Agency. The inventory consists of the following information:
• The date of the acquisition of the property and the value of the property at
that time, and an estimate of the current value of the property.
• The purpose for which the property was acquired.
• Parcel data, including address, lot size, and current zoning in the former
agency redevelopment plan or specific, community, or general plan.
• An estimate of the current value of the parcel including, if available, any
appraisal information.
An estimate of any lease, rental, or any other revenues generated by the
property, and a description of the contractual requirements for the
disposition of those funds.
• The history of environmental contamination, including designation as a
brownfield site, any related environmental studies, and history of any
remediation efforts.
= A description of the property's potential for transit - oriented development
and the advancement of the planning objectives of the successor agency.
• A brief history of previous development proposals and activity, including
the rental or lease of property.
AGENDA ITEM 3 Page 2
Long Range Property Management Plan
October 22, 2013
Page 3
The Management Plan also addresses the proposed use or disposition of all of the
properties within one of four categories as follows:
Governmental Purpose Use — properties used for a governmental
purpose such as roads, school buildings, parks, police and fire stations,
libraries, and local agency administrative buildings to be retained by the
Successor Agency or conveyed to the City or appropriate public agency
• Enforceable Obligation Use - properties to be held by the Successor
Agency to fulfill an enforceable obligation
• Properties to be Held for Future Development — properties to be
transferred to the City for future development for a project identified in an
approved redevelopment plan and for advancement of the planning
objectives of the Successor Agency
• Properties to be Sold — properties to be sold for development in a
manner consistent with the Dissolution Act and the proceeds from the sale
distributed as property tax to the taxing entities
The Management Plan separately identifies and lists properties dedicated to
governmental use and properties retained for purposes of fulfilling an enforceable
obligation (HSC Section 34191.5(c)(2)). Property designated for governmental purpose
can be transferred to the City for that purpose in accordance with any existing
agreements. Properties transferred to a private or public agency may be subject to
compensation requirements and distribution of income to affected taxing entities in
proportion to their respective property tax shares.
If a property is not being used for a governmental purpose (per HSC Section 34181(a))
and will not be used to pay enforceable obligations, but instead will be used or
liquidated to complete a project in an approved redevelopment plan, then the property
must be transferred to the City per HSC Section 34191.5(c)(2)(A). After the transfer is
complete, the City may determine how to use the asset. Properties shall not be
transferred to a city, county, or city and county, unless the Management Plan has been
approved by the Oversight Board and the Department of Finance.
Summary of Management Plan: The Management Plan indicates that eighteen (18)
parcels should be transferred to the City for a governmental use and that three (3)
parcels should be retained by the Successor Agency to satisfy enforceable obligations.
The remaining twenty seven (27) parcels are recommended for sale either immediately
or in the future, with the proceeds to be used to pay enforceable obligations or
distributed to the taxing entities. Of the properties to be sold, the Management Plan
states that twenty two (22) properties are to be held for future development pursuant to
a Request for Proposal (RFP) process in order to advance the planning objectives of
the City and the Redevelopment Plans. The remaining five (5) properties are to be sold
upon approval by the Department of Finance of the Management Plan.
AGENDA ITEM 3 Page
Long Range Property Management Plan
October 22, 2013
Page 4
Properties to be Retained for Governmental Use: The Successor Agency considers the
properties listed below to be dedicated to governmental purposes. The Management
Plan includes a detailed discussion about each property and why it should be retained
as a governmental purpose property. The Management Plan recommends that title to
these properties be transferred to the City so that they can be retained by the City for
the appropriate governmental purpose.
• Lake Elsinore Senior Activities Center
• Lake Elsinore Cultural Center
• Downtown Parking /Alley (6 parcels)
• Conservation Easement (2 parcels)
• Floodway (2 parcels)
• Gazebo Property/Historic Preservation
• Cultural Center Parking /Business Incubator Properties (5 parcels)
Properties to be Retained for Purposes of Fulfilling an Enforceable Obligation: The
Management Plan must separately identify and list properties retained for purposes of
fulfilling an enforceable obligation (HSC Section 34191.5(c)(2)). Only the two properties
comprised of three individual legal parcels owned by the Successor Agency as listed
below are subject to enforceable obligations:
• Exchange Parcel to be Conveyed pursuant to Summerly DDA
• Lake Elsinore Diamond Stadium (2 parcels)
The former Redevelopment Agency of the City of Lake Elsinore entered into an
Amended and Restated Disposition and Development Agreement dated as of March 8,
2011 with McMillin Summerly LLC and Civic Partners- Elsinore LLC (Summerly DDA).
The Summerly DDA has been listed as an enforceable obligation on each Recognized
Obligation Payment Schedule (ROPS) submitted by the Successor Agency. The
Summerly DDA requires the conveyance of the Exchange Parcel, subject to a number
of conditions set forth in the DDA.
The Lake Elsinore Diamond Stadium is currently subject to five (5) contracts which
constitute enforceable obligations of the Successor Agency and were listed on previous
ROPS (as applicable) as well as on lines 29 through 33 of the ROPS 13 -14B. Further,
the Diamond Stadium property was donated to the Agency subject to a restrictive
covenant requiring the property to be developed and operated as a professional minor
league baseball stadium. As a result, the Diamond Stadium is required to be retained
by the Successor Agency to fulfill its enforceable obligations under the Stadium
Operations Contracts and the covenant that the property be operated as a baseball
stadium.
AGENDA ITEM 3 Page 4
Long Range Property Management Plan
October 22, 2013
Page 5
Properties To Be Held for Future Development: If a property is not being used for a
governmental purpose (per HSC Section 34181(a)) and will not be used to satisfy
enforceable obligations, but instead will be used or liquidated to complete a project in an
approved redevelopment plan, then the property must be transferred to the City per
HSC Section 34191.5(c)(2)(A). After the transfer is complete, the City may determine
how to use the asset. The Management Plan lists twenty two (22) properties as held for
future development subject to an RFP process in order to advance the planning
objectives of the City and the Redevelopment Plan. The Management Plan discusses
the potential for each parcel. The proceeds from the sale of these properties will either
be used to pay enforceable obligations or be distributed as property tax to the taxing
entities.
Taxing Entities: The Management Plan lists five (5) properties to be sold upon approval
by the Department of Finance of the Management Plan. The proceeds from the sale of
these properties will be distributed as property tax to the taxing entities.
Further Actions: Following approval by the Successor Agency and the Oversight Board,
the Management Plan will be submitted to the DOF. There is no time frame specified
by AB 1484 for DOF's review and approval of the Management Plan.
Fiscal Impact
Approval of the Management Plan will have no immediate fiscal impact on the
Successor Agency. Costs associated with conveyance of properties to the City will
include document recordation and processing. The actual costs are unknown at this
time. Costs associated with the proposed merger of properties and the conveyance of
properties to private entities will include City processing and recording fees, appraisal
fees, RFP preparation, document preparation, escrow, title, legal and recording fees.
The Successor Agency's share of these costs will be paid for from the proceeds of the
sales. The balance of the property sale proceeds will be allocated to pay enforceable
obligations or paid to the County for distribution to affected taxing entities.
Prepared by: Barbara Leiboid, City Attorney /Successor Agency Counsel
Attachments: Resolution No. OB- 2013 -009
Successor Agency Property List and Maps
Long Range Property Management Plan DOF Checklist
Long Range Property Management Plan — distributed under
separate cover to the Oversight Board and available for public
review at the City Clerk's office
AGENDA ITEM 3 Page
RESOLUTION NO, OB- 2013 -009
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF LAKE ELSINORE APPROVING A LONG RANGE
PROPERTY MANAGEMENT PLAN FOR SUCCESSOR AGENCY
PROPERTIES
WHEREAS, Assembly Bill x1 26 was chaptered and became effective on June
27, 2011, adding parts 1.8 and 1.85 to Division 24 of the California Health & Safety
Code, which caused the dissolution of all redevelopment agencies and winding down of
the affairs of former agencies; and
WHEREAS, Assembly Bill x1 26 was amended by Assembly Bill 1484, as
chaptered and effective on June 27, 2012 (together, the "Dissolution Act "); and
WHEREAS, as of February 1, 20121 the Redevelopment Agency of the City of
Lake Elsinore ( "Redevelopment Agency ") was dissolved pursuant to the Dissolution Act
and the City of Lake Elsinore ( "City ") became the Successor Agency in accordance with
the Dissolution Act; and
WHEREAS, the Oversight Board to the Successor Agency of the Redevelopment
Agency of the City of Lake Elsinore ( "Oversight Board ") has been established to direct
the Successor Agency to take certain actions to wind down the affairs of the former
Redevelopment Agency in accordance with the Dissolution Act; and
WHEREAS, on April 26, 2013, the Department of Finance ( "DOF ") issued a
Finding of Completion to the Successor Agency; and
WHEREAS, pursuant to Health & Safety Code Section 34191.5(b), within six
months after receiving a Finding of Completion from the DOF, the Successor Agency is
required to submit for approval to the Oversight Board and the DOF a Long Range
Property Management Plan ( "Management Plan') that addresses the disposition and
use of the real properties owned by the Successor Agency; and
WHEREAS, pursuant to Health & Safety Code Section 34191.5, the Oversight
Board must approve the Management Plan; and
WHEREAS, the Successor Agency held a Study Session on October 8, 2013
discussing the forty eight (48) real property parcels owned by the Successor Agency
and the proposed characterization of each property or grouping of parcels in the
Management Plan; and
WHEREAS, attached hereto is a Management Plan for the real property owned
by the Successor Agency, as prepared in accordance with Health & Safety Code
Section 34191.5 and the guidelines posted on the DOF website; and
AGENDA ITEM 3 Page 6
OVERSIGHT BOARD RESOLUTION NO. SA 2013 -009
Page 2
WHEREAS, the Management Plan determines that eighteen (18) parcels are to
be held for governmental use and recommends transfer of such properties to the City to
be retained for a governmental public purpose pursuant to Health & Safety Code
Section 34191.5(c)(2), as follows: the Lake Elsinore Senior Activities Center, Lake
Elsinore Cultural Center, Downtown Parking /Alley (6 parcels), Conservation Easement
(2 parcels), Floodway (2 parcels), Gazebo property (historic preservation) and the
Cultural Center /Business Incubator Properties (5 parcels); and
WHEREAS, the Management Plan determines that two (2) properties (which
consist of three legal parcels) are to be retained by the Successor Agency to fulfill
enforceable obligations pursuant to Health & Safety Code Section 34191.5(c)(2), as
follows: the Exchange Parcel to be Conveyed pursuant to the Summerly DDA and the
Lake Elsinore Diamond Stadium (2 parcels); and
WHEREAS, the Management Plan determines that the remaining twenty seven
(27) parcels owned by the Successor Agency are to be sold or held for development
and then sold at a later date, with the proceeds to be used to pay enforceable
obligations or distributed to the taxing entities, with twenty two (22) parcels to be held
for development and then later sold subject to a Request for Proposal process such that
the planning objectives of the City and the Redevelopment Plans can be advanced, and
five (5) additional parcels to be sold upon approval of the Management Plan by the
Department of Finance; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1, The Recitals set forth above are true and correct and incorporated
herein by reference.
SECTION 2. The Oversight Board to the Successor Agency of the
Redevelopment Agency of the City of Lake Elsinore hereby approves the Long Range
Property Management Plan dated October 22, 2013 attached as Exhibit A hereto.
SECTION 3. Executive Director Yates, or his designee, is hereby authorized to
submit the Long Range Property Management Plan to DOF and such other parties as
may be required in accordance with the Health & Safety Code, and to take such other
actions on behalf of the Successor Agency with respect to the Long Range Property
Management Plan as may be necessary in accordance with applicable law.
SECTION 4. If any provision of this Resolution or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions or
AGENDA ITEM 3 — Page 7
OVERSIGHT BOARD RESOLUTION NO. SA 2013 -009
Page 2
applications of this Resolution which can be given effect without the invalid provision or
application, and to this end the provisions of this Resolution are severable. The
Oversight Board hereby declares that it would have adopted this Resolution irrespective
of the invalidity of any particular portion thereof.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption in accordance with, and subject to, all applicable requirements of
the Health & Safety Code.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Oversight
Board to the Successor Agency of the Redevelopment Agency of the City of Lake
Elsinore, held this 22nd day of October, 2013 by the following vote:
AYES:
NOES:
ABSENT:
WA OMR1r_11►F
Phil Williams, Chairperson
Oversight Board to the Successor
Agency of the Redevelopment
Agency of the City of Lake Elsinore
Uftd 11004 7WFM i77i1:78iF
Phillip Greer, Oversight Board Counsel
ATTEST:
Virginia J. Bloom, Oversight Board Secretary
AGENDA ITEM 3 Page 8
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- - - - - - - - - -
I
c,rraF CITY OF LAKE ELSINORE
LAKE ISIriOiZ[ SUCCESSORAGENCY PROPERTIES
-� "' OA1A 'xr "` PROPERTIES TO BE HELD FOR DEVELOPMENT
acv or CITY OF LAKE ELSINORE
L�#KL't.5int7tZE SUCCESSORAGENCYPROPERTIES
PROPERTIES TO BE SOLD
a
r. "t1s
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, email 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) 445 -1546 or by email to
Redevelopment Administration§dof.ca.gov,
Pursuant to Health and Safety Code 34191.5, 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: Successor Agency of the Redevelopment Agency of the City of Lake Elsinore
Date Finding of Completion Received: April 26, 2013
Date Oversight Board Approved LRPMP: October 22, 2013
m
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 speck,
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
For each property the plan includes an estimate of any lease, rental, or any other revenues generated by the
property, and a description of the contractual requirements for the disposition of those funds.
® Yes ❑ No
For each property the plan Includes the history of environmental contamination, including designation as a
brownfield site, any related environmental studies, and history of any remediation efforts.
® Yes ❑ No
For each property the plan includes a description of the property's potential for transit -oriented development and
the advancement of the planning objectives of the successor agency.
® Yes ❑ No
For each property the plan includes a brief history of previous development proposals and activity, including the
rental or lease of the property.
® Yes ❑ No
For each property the plan identifies the use or disposition of the property, which could include 1) the retention of
the property for governmental use, 2) the retention of the property for future development, 3) the sale of the
property, or 4) the use of the property to fulfill an enforceable obligation.
® Yes ❑ No
The plan separately identifies and list properties dedicated to governmental use purposes and properties retained
for purposes of fulfilling an enforceable obligation.
® Yes ❑ No
•' T •'<
® If applicable, please provide any additional pertinent information that we should be aware of
during our review of your Long -Range Property Management Plan.
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APPROVED(DENIED BY: DATE:
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