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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. --------------------- -------------------------- j Culfur PIP, 'Af I 4r SOURCES. OF Et:SINOU UNT-Y-Of-l'U--VtESID-E 0 OW4,50,009MILuS IDS 3 - 7 N a a ?,�'l ------------ ld Lml AM tr CITY OF l-AKT. El S INORE Ar. Ik I At, V I ENV RDA OWNED PROPERTIES