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HomeMy WebLinkAboutOB Reso No 2016-006 Transfer of Downtown & Culture Center Parking PropertyRESOLUTION No. 2016 -006 A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPROVING THE TRANSFER OF DOWNTOWN AND CULTURAL CENTER PARKING PROPERTY AS GOVERNMENTAL PURPOSE PROPERTIES TO THE CITY OF LAKE ELSINORE IN ACCORDANCE WITH HEALTH & SAFETY CODE SECTION 34181(a) WHEREAS, the Oversight Board ( "Oversight Board ") to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore (the "Successor Agency ") has been established to oversee the wind 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 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 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 Oversight Board has considered DOF's denial and the reasons therefore; and, WHEREAS, in reviewing DOF's denial, the Oversight Board has considered that the Property has been used solely as public parking for the Cultural Center and downtown for no fee continuously since 1994 when it was leased by the City for such purposes and thereafter following the purchase of the Property by the Redevelopment Agency in 2009; and, OB Resolution No. 2016 -006 Page 2 WHEREAS, the Oversight Board further considered that when the Property was purchased, it contained several structures inhabited by three commercial tenants; and, WHEREAS, the Oversight Board further considered that the former Redevelopment Agency relocated those tenants and mitigated and remediated asbestos in the buildings and then demolished the buildings and graded the Property to expand the existing a parking lot for total estimated cost of nearly $40,000; and, WHEREAS, the Oversight Board 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 Oversight Board 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 1994 when it was leased by the City for such purposes and thereafter following the purchase of the Property by the Redevelopment Agency in 2009 meet the requirement of "constructed and used for a governmental purpose" in accordance with subdivision (a)(1) of Health and Safety Code Section 34181; and, WHEREAS, the Oversight Board 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 Oversight Board desires to re- approve the transfer of the Cultural Center and Downtown Parking Property to the City as governmental purpose properties; and, WHEREAS, the requirements of Health & Safety Code Section 34181(f) have been satisfied, in that the Oversight Board is holding a public meeting to consider the transfer of the Cultural Center and Downtown Parking Property from the Successor Agency to the City, ten (10) days after public notice of said transfer was provided, and members of the public have been given an opportunity to comment on the transfer of the Cultural Center and Downtown Parking Property as 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: SECTION 1. The Recitals set forth above are true and correct and incorporated herein by reference. SECTION 2. The Oversight Board finds that the relocation, demolition, grading and remediation activities engaged in by the Agency of a total estimated cost of nearly $40,000 constitute "construction" of the Property notwithstanding the fact that the Property currently consists of an unpaved, graded, parking lot. OB Resolution No. 2016 -006 Page 3 SECTION 3. The Oversight Board 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 and Safety Code Section 34181. SECTION 4. The Oversight Board 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 and Safety Code Section 34181 because the Property does not generate revenues in excess of reasonable maintenance costs of the Property. SECTION 5. Accordingly, the Oversight Board 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 Oversight Board hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. SECTION 7. Pursuant to Health and Safety Code Section 34179(h), this Resolution shall be effective five (5) business days after proper notification hereof is given to the California Department of Finance unless the California Department of Finance requests a review of the actions taken in this Resolution, in which case this Resolution will be effective upon approval by the California Department of Finance. PASSED AND ADOPTED at a Special meeting of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, held this 7th day of July, 2016. nie Kelley, Chi person ATTEST: sSusan M. Domen, MMC Clerk OB Resolution No. 2016 -006 Page 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, Clerk of the Oversight Board of the City of Lake Elsinore, California, hereby certify that Resolution No. OB- 2016 -006 was adopted by the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, California, at a Special meeting held on the 7th day of July 2016, and that the same was adopted by the following vote: AYES: Board Members Jeffries, Lassey, M. Williams and P. Williams, and Chair Kelley NOES: None ABSENT: Board Member Tisdale ABSTAIN: None C usan M. Domen, MMC Clerk of the Oversight Board OB Resolution No. 2016 -006 Page 5 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