HomeMy WebLinkAbout0006_4_C ResoRESOLUTION NO. SA-2016-0
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 (the “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 City of 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 (the “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 (the “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
Reso No. SA-2016-0
Page 2 of 4
“Compensation Agreement Pursuant to Health & Safety Code 34180(f) Regarding Successor
Agency Transfer of Property to the City of Lake Elsinore”; 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, CALIFORNIA, DOES HEREBY RESOLVE 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, Approved and Adopted by the Successor Agency of the Redevelopment Agency of
the City of Lake Elsinore, California, this 27th day of September, 2016.
Brian Tisdale, Chair
ATTEST:
Susan M. Domen, MMC
Agency Secretary
APPROVED AS TO FORM:
Barbara Leibold
Agency Counsel
Attachment:Exhibit A – Cultural Center and Downtown Parking Property
Reso No. SA-2016-0
Page 3 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, hereby certify that Resolution No. SA-2016- was adopted
by the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore at a
Regular meeting held on the 27th day of September, 2016 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
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