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Home My WebLink AboutID# 16-040 Transfer of Governmental Purpose Properties OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE TO: CHAIRMAN KELLEY AND MEMBERS OF THE OVERSIGHT BOARD FROM: BARBARA LEIBOLD, SUCCESSOR AGENCY COUNSEL DATE: JANUARY 27, 2016 SUBJECT: Transfer of Governmental Purpose Properties to the City of Lake Elsinore in accordance with Health & Safety Code Section 34181(a) Recommendation It is recommended the Oversight Board approve and adopt: Resolution No. OB-2016-002 A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPROVING THE. TRANSFER OF GOVERNMENTAL PURPOSE PROPERTIES TO THE CITY OF LAKE ELSINOR E IN ACCORDANCE WITH HEALTH & SAFETY CODE SECTION 34181(a). Background As part of the dissolution of the former Redevelopment Agency, Health and Safety Code Section 34181 requires the Oversight Board to direct the Successor Agency to transfer ownership of assets constructed and used for a governmental purpose, such as roads, parks and parking facilities and lots dedicated solely to public parking. The Successor Agency has identified the properties listed in Exhibit A to Resolution OB - 2016-002 attached hereto as properties used for a governmental purpose, and the Successor Agency and Oversight Board have previously approved a Long Range Property Management Plan (LRPMP) which identified the same properties as governmental purpose properties. Discussion In accordance with the Redevelopment Dissolution Act, as amended by SB 107, the Successor Agency must dispose of real property in accordance with Health & Safety Code Sections 34177(e) and 34181(a). The data sheets from the LRPMP have been updated to include available detail for each of the governmental purpose properties. All but one of the properties (APN 374-162-036) previously approved by the Oversight Board as governmental purpose properties are proposed to be transferred to the City at this time. Disposition of APN 374 -162-036 will be presented to the Oversight Board at a future meeting. Transfer of Governmental Purpose Properties January 27, 2016 Page 2 In addition, only the northern portion of APN 373 -210-030 (Parcel A) is proposed to be conveyed to the City as part of the Inlet Channel/Lake Management Project Improvements. The southern portion of that parcel was transferred to Civic Partners- Elsinore, LLC in accordance with the Exchange Agreement approved by the Oversight Board in May 2015 and by DOF in June 2015. The parcel (APN 371-100-004) transferred to the Successor Agency by Civic Partners-Elsinore, LLC pursuant to the Exchange Agreement has been added to the list of governmental purpose properties to be conveyed to the City for Conservation/Flood Storage purposes. This property is located in the Back Basin and is depicted as property #3 on Exhibit A to the attached Oversight Board Resolution. The Oversight Board’s Resolution approving such transfer must be transmitted to DOF. DOF has five (5) days after submittal to request a review and forty-five (45) days to review the Oversight Board Resolution if it decides to do so. Detailed information from the LRPMP regarding the governmental purpose properties has been updated and is attached for informational purposes only. Please note that the property ID #s in these detailed sheets correspond to the LRPMP an d do not match the ID #’s in Exhibit A to the Resolution. Prepared By: Barbara Leibold, Successor Agency Counsel Attachments: Successor Agency Resolution No. SA-2016-002 Exhibit A – List of Real Property to be transferred to the City of Lake Elsinore for Governmental Purposes Governmental Purpose Properties Data Sheets and Maps RESOLUTION NO. OB-2016-002 A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPROVING THE. TRANSFER OF GOVERNMENTAL PURPOSE PROPERTIES TO THE CITY OF LAKE ELSINORE IN ACCORDANCE WITH HEALTH & SAFETY CODE SECTION 34181(a). WHEREAS, the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore (the “Successor Agency”) is charged with implementing recognized enforceable obligations and winding down of the affairs of the former Redevelopment Agency of the City of Lake Elsinore (the “Agency”) in accordance with the California Health and Safety Code; and WHEREAS, Health & Safety Code Section 34181(a) requires the Oversight Board to direct the Successor Agency to transfer real properties constructed and used for governmental purposes to the City of Lake Elsinore or another appropriate jurisdiction; and WHEREAS, examples of governmental purpose properties under Health & Safety Code Section 34181(a) include roads, school buildings, parks, police and fire stations, libraries, local agency administrative buildings and parking facilities and lots dedicated solely to public parking which do not generate revenue in excess of reasonable maintenance costs; and WHEREAS, the Successor Agency and Oversight Board have previously approved a Long Range Property Management Plan designating certain assets as governmental purpose assets; and WHEREAS, the Successor Agency holds title to the assets listed on Exhibit A hereto (collectively, the “Governmental Purpose Properties”), which have been identified by the Successor Agency as governmental purpose properties in accordance with applicable law for the reasons set forth in Exhibit A; and WHEREAS, the requirements of Health & Safety Code Section 34181(f) have been satisfied, in that the Oversight Board will hold a public meeting to consider the transfer of the governmental purpose properties from the Successor Agency to the City, ten (10) days public notice of said transfer was provided, and members of the public will be given an opportunity to comment on the transfer of the Governmental Purpose Properties; 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: SUCCESSOR AGENCY RESOLUTION NO. SA-2016-002 Page 2 SECTION 1. The Recitals set forth above are true and correct and inc orporated herein by reference. SECTION 2. The Oversight Board hereby approves the transfer of the ownership of the Governmental Purpose Properties to the City of Lake Elsinore in accordance with Health & Safety Code Section 34181(a). SECTION 3. 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 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 Successor Agency hereby declares that it would have adopted this Res olution irrespective of the invalidity of any particular portion thereof. SECTION 4. 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 27th day of January, 2016. Genie Kelley, Chairperson Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore ATTEST: Susan M. Domen, MMC Oversight Board Secretary Attachments: Exhibit A – Governmental Purpose Properties EXHIBIT A GOVERNMENTAL PURPOSE PROPERTIES MAP ID APN GOVERNMENTAL PURPOSE 1 371-030-024 Conservation Easement 2 371-030-051 Conservation Easement 3 371-100-004 Conservation/Flood Storage 4 373-023-011 Cultural Center & Downtown Parking 5 373-023-012 Cultural Center & Downtown Parking 6 373-023-015 Cultural Center & Downtown Parking 7 373-023-024 Cultural Center & Downtown Parking 8 373-023-025 Cultural Center & Downtown Parking 9 373-210-030 (Parcel A) Inlet Channel/Lake Management Project Improvements 10 373-210-032 Floodway/Inlet Channel 11 373-210-045 Floodway/Inlet Channel 12 373-300-027 Lake Elsinore Senior Activities Center 13 374-173-005 Lake Elsinore Cultural Center 14 374-174-014 Downtown parking/Alley 15 374-174-015 Downtown parking/Alley 16 374-262-003 Downtown parking/Alley 17 374-262-004 Downtown parking/Alley 18 374-262-010 Downtown parking/Alley 19 374-262-011 Downtown parking/Alley 9 2 3 11 12 10 1 CASIN O D R LAKESHORE DR CEREAL ST F R ANKLIN ST SPRING ST M I S S I O N T R GRAHAM AVE GRAND AVE G R A P E S T LAKESHOREDR TRANSFER OF PROPERTY TO CITY OF LAKE ELSINORE Prepared by:City of Lake Elsinore GISJanuary 27, 2016Data Sources:City of Lake Elsinore GISCounty of Riverside GIS ID APN1371-030-0242371-030-0513371-100-0044373-023-0115373-023-0126373-023-0157373-023-0248373-023-0259373-210-030 10 373-210-03211373-210-04512373-300-02713374-173-00514374-174-01415374-174-01516374-262-00317374-262-00418374-262-01019374-262-011 12 7 6548 13 15 1817 SPRING ST MAINST LAKESHOR E D R GRAHAM AVE