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Home My WebLink About0006_4_SA Reso 2016-0___ Transfer of Cultural Ctr 062816RESOLUTION SA 2016-0 A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE 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 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 RESOLUTION NO. SA 2016-0 Page 2 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 RESOLUTION NO. SA 2016-0 Page 3 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. 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 28th day of June 2016. Robert E. Magee, Vice Chair ATTEST: Susan M. Domen, MMC Agency Secretary APPROVED AS TO FORM: Barbara Leibold Agency Counsel Attachments:Exhibit A – Cultural Center and Downtown Parking Property RESOLUTION NO. SA 2016-0 Page 4 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 RESOLUTION NO. SA 2016-0 Page 5 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. ______ was adopted by Successor Agency of the Redevelopment Agency of the the City of Lake Elsinore, California, at the regular meeting of _________, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Susan M. Domen, MMC Agency Secretary