HomeMy WebLinkAboutSA Reso 2016-013 Transfer of Cultural Center & Downtown Parking PropertyRESOLUTION NO. 2016 -013
A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TRANSFER
OF CULTURAL CENTER AND DOWNTOWN PARKING PROPERTY BY THE
SUCCESSOR AGENCY TO THE CITY OF LAKE ELSINORE FOR FUTURE
DEVELOPMENT
Whereas, the Successor Agency to the Redevelopment Agency of the City of Lake Elsinore
(Successor Agency) has been established to wind down the affairs of the former Redevelopment
Agency of the City of Lake Elsinore (Agency) in accordance with the California Health & Safety
Code Section 34179; and,
Whereas, the Successor Agency is the owner of certain real property located on Main Street
across from the Lake Elsinore Cultural Center between Heald and Peck in the City of Lake
Elsinore (City), commonly referred to as the Cultural Center and Downtown Parking Property
and described on Exhibit A hereto (collectively, Agency Property); and,
Whereas, on June 29, 2011, the Legislature of the State of California (State) adopted Assembly
Bill x1 26 (AB 26), which amended provisions of the State's Community Redevelopment Law
(Health & Safety Code sections 33000 et seq.); and,
Whereas, pursuant to AB 26 and the California Supreme Court decision in California
Redevelopment Association, et al. v. Ana Matosantos, et al., which upheld AB 26 (together with
AB 1484, as amended to date, the "Dissolution Law "), the former Agency was dissolved on
February 1, 2012; and,
Whereas, pursuant to the Dissolution Law, ownership of the Agency Property was transferred to
the Successor Agency for disposition in accordance with the Dissolution Law; and,
Whereas, pursuant to the Dissolution Law, the Successor Agency prepared a Long Range
Property management Plan (LRPMP), which was approved by a resolution of the Oversight
Board; and,
Whereas, in accordance with the LRPMP, the Successor Agency and the Oversight Board twice
approved the transfer of the Agency Property to the City as "governmental purpose" property as
defined by the Dissolution Law, and in both instances the transfers were not approved by the
Department of Finance; and,
Whereas, the Successor Agency now desires to transfer the Agency Property to the City for
future development; and,
Whereas, applicable law permits the Agency Property to be conveyed by the Successor Agency
to the City for further redevelopment activities by the City consistent with the Redevelopment
Plan, and requires that such conveyance to the City shall occur upon the full execution of a
compensation agreement (Compensation Agreement) between the City and the affected taxing
entities (as listed in the Compensation Agreement, the "Taxing Entities ") for the distribution of
net funds received, if any, from-the sale of the Agency Property. A form of Compensation
Agreement was approved by the Successor Agency on June 28, 2016, and by the Oversight
Board on July 7, 2016. The previously approved agreement is entitled "Compensation
Agreement Pursuant to Health & Safety Code 34180(f) Regarding Successor Agency Transfer
of Property to the City of Lake Elsinore "; and,
SA Reso No. 2016 -013
Page 2 of 3
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, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AN
ORDER AS FOLLOWS:
Section 1. The Recitals set forth above are true and correct and incorporated herein by
reference.
Section 2. Upon full execution of the Compensation Agreement by the Taxing Entities and
the City, the Successor Agency authorizes the Executive Director to convey the Agency Property
to the City by grant deed for future development in accordance with applicable law and to take
any other action and execute any documents as may be necessary to implement the conveyance
of the Agency Property to the City.
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 Resolution irrespective of the invalidity of any particular portion thereof.
Section 4. The Agency Secretary shall certify to the passage and adoption of this Resolution
and enter it into the book of original resolutions.
Section 5. This Resolution shall take effect immediately upon its adoption.
Passed and Adopted at a Regular meeting of the Successor Agency of the Redevelopment
Agency of the City of Lake Elsinore, California, this 27th day of September, 2016.
D'
Brian Tisdale, Chair
ATTEST:
-3Lasan M. Domen, MMC
Agency Clerk
Attachment: Exhibit A — Cultural Center and Downtown Parking Property
SA Reso No. 2016 -013
Page 3 of 3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, Clerk of the Successor Agency of the Redevelopment Agency of the
City of Lake Elsinore, California, do hereby certify that Resolution No. 2016 -013 was adopted by
the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, California, at
a Regular meeting of September 27, 2016, and that the same was adopted by the following vote:
AYES: Board Members Hickman, Johnson and Manos,
NOES: None
ABSTAIN: None
ABSENT: None
Sus . Domen, MMC
Agency Secretary
Vice Chair Magee and Chair Tisdale
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
Cultural Center & Downtown Parking
Map ID #3, #4, #5, #6 & #7:
Cultural Center & Downtown Parking
#3: 373 - 023 -011
APN:
#4: 373 - 023 -012
#5: 373 - 023 -015
#6: 373 - 023 -024
#7: 373 - 023 -025
#3: no address
Address:
#4: no address
#5 — 132 E. Heald, Lake Elsinore
#6 —154 N. Main, Lake Elsinore
#7 —150 N. Main, Lake Elsinore
#3 - .13 acre
Lot Size:
#4 - .16 acre
#5 -.19 acre
#6 — 1.06 acre
#7 -.12 acre
Acquisition Date (AD):
3/20/09
Use:
Public Parking - The property is strategically located across from the
Cultural Center and offers public parking critical to the success of the
downtown and the viability of the Cultural Center as the City's meeting
facility.
The property is located at the boundary of the Cultural and Historic
Districts of the Downtown Master Plan across from the Cultural Center
as part of the "Key to Downtown" Implementation Plan. These planning
tools were funded in part by the former Redevelopment Agency and
federal and state grants. Development and rehabilitation pursuant to
the Downtown Master Plan and implementing documents are important
goals and objectives of the former Redevelopment Agency under the
Redevelopment Plan for the Rancho Laguna Redevelopment Project
Area No. I and the Agency's 2009 -2014 Redevelopment & Housing
Implementation Plan.
History Previous
Prior to acquisition by the Agency in 2009, the property was leased by
Development
the City for public parking for the Cultural Center and other downtown
Proposals /Activity:
uses. Since 1994, the property has been and continues to be the
designated parking area for all public meetings conducted at the
Cultural Center. In 2011, plans were prepared for parking lot
improvements to the property, but those improvements were postponed
upon dissolution of the Redevelopment Agency.
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