HomeMy WebLinkAboutSA Reso 2016-008 Transfer of Culture Center & Downtown Parking PropertyRESOLUTION SA 2016 -008
A RESOLUTION OF THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING THE TRANSFER OF THE CULTURAL
CENTER AND DOWNTOWN PARKING PROPERTY AS
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 ") has been established to wind down the affairs of the former
Redevelopment Agency of the City of Lake Elsinore (the "Agency ") in accordance with the
California Health & Safety Code Section 34179; 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 "Cultural Center and Downtown Parking Property" or the "Property "), which
have been identified by the Successor Agency as governmental purpose properties in
accordance with applicable law; and,
WHEREAS, on January 27, 2016, the Oversight Board adopted Resolution OB 2016 -002
approving the transfer of various properties held by the Successor Agency to the City of Lake
Elsinore ( "City ") as governmental purpose properties, including the Cultural Center and the
Downtown Parking Property; and,
WHEREAS, in accordance with applicable law, Resolution OB 2016 -002 was submitted to the
Department of Finance (DOF) for approval; and,
WHEREAS, on May 6, 2016, the Successor Agency received a letter from DOF approving
certain properties for transfer to the City as governmental purpose properties but disapproving
the transfer of the Cultural Center and Downtown Parking Property; and,
WHEREAS, the Successor Agency has considered DOF's denial and the reasons therefore;
and,
WHEREAS, in reviewing DOF's denial, the Successor Agency has considered that the Property
has been used solely as public parking for no fee continuously since its purchase in 2009; and,
Reso. No. SA 2016 -008
Page 2 of 4
WHEREAS, the Successor Agency further considered that when the property was purchased, it
contained several structures inhabited by three tenants; and,
WHEREAS, the Successor Agency further considered that the former Agency relocated those
tenants and mitigated and remediated asbestos in the buildings and then demolished the
building and graded the Property to expand the existing parking lot for total estimated
construction costs of approximately $35,000 with respect to the Property; and,
WHEREAS, the Successor Agency finds that the relocation, demolition, grading, and
remediation activities engaged in by the Agency constitute "construction" of the Property
notwithstanding the fact that the Property currently consists of an unpaved parking lot; and,
WHEREAS, the Successor Agency finds that the relocation, demolition, grading' and
remediation activities engaged in by the Agency as well as the continuous use of the Property
solely for free public parking since 2009 meet the requirement of "constructed and used for a
governmental purpose" in accordance with subdivision (a)(1) of Health & Safety Code Section
34181; and,
WHEREAS, the Successor Agency further finds that the Property constitutes parking facilities
and lots dedicated solely to public parking which do not generate revenue in excess of
reasonable maintenance costs in accordance with subdivision (a)(2) of Health & Safety Code
Section 34181; and,
WHEREAS, as a result, the Successor Agency desires to re- approve the transfer of the Cultural
Center and Downtown Parking Property to the City as governmental purpose properties; and,
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, 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 Successor Agency finds that the relocation, demolition, grading, and
remediation activities engaged in by the Agency of a total estimated cost of approximately
$35,000 constitute "construction" of the Property notwithstanding the fact that the Property
currently consists of an unpaved, graded, parking lot.
SECTION 3. The Successor Agency further finds that the relocation, demolition, grading, and
remediation activities engaged in by the Agency as well as the continuous use of the Cultural
Center and Downtown Parking Property solely for free public parking since 2009 meet the
requirement of "constructed and used for a governmental purpose" in accordance with
subdivision (a)(1) of Health & Safety Code Section 34181.
SECTION 4. The Successor Agency further finds that the Cultural Center and Downtown
Parking Property constitutes parking facilities and lots dedicated solely to public parking in
accordance with subdivision (a)(2) of Health & Safety Code Section 34181 because the
Property does not generate revenues in excess of reasonable maintenance costs of the
Property.
Reso. No. SA 2016 -008
Page 3 of 4
SECTION 5. Accordingly, the Successor Agency hereby approves the transfer of the
ownership of the Cultural Center and Downtown Parking Property as Governmental Purpose
Properties to the City of Lake Elsinore in accordance with Health & Safety Code Section
34181(a).
SECTION 6. 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 Resolution irrespective of the invalidity of any particular portion
thereof.
SECTION 7. The Agency Secretary shall certify to the passage and adoption of this
Resolution and enter it into the book of original resolutions.
SECTION 8. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED at a meeting of the Successor Agency of the Redevelopment
Agency of the City of Lak Elsinore, California, on the 28th.6ay of ..lime 2016.
obert f . Magee, a Chair
ATTEST:
Susan' IM Domen, MMC
Agency Secretary
APP LED AATO R ;
APP
LeiboId
Agency Counsel
Attachments: Exhibit A — Cultural Center and Downtown Parking Property
Reso. No. SA 2016 -008
Page 4 of 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, Secretary of the Successor Agency of the Redevelopment Agency of
the City of Lake Elsinore, California, do hereby certify that Resolution No. SA 2016 -008 was
adopted by Successor Agency of the Redevelopment Agency of the City of Lake Elsinore,
California, at the regular meeting of June 28, 2016, and that the same was adopted by the
following vote:
AYES: Board Members Johnson and Manos; and Vice Chair Magee
NOES: None
ABSENT: Board Member Hickman and Chair Tisdale
ABSTAIN: None
Susan M. Domen, MMC
Agency Secretary
EXHIBIT A
CULTURAL CENTER AND DOWNTOWN PARKING PROPERTY
APN 373 - 023 -011
APN 373 - 023 -012
APN 373 - 023 -015
APN 373 - 023 -024
APN 373 - 023 -025