HomeMy WebLinkAbout0003_4_C - ResolutionRESOLUTION NO. OB-2016-0
A RESOLUTION OF THE OVERSIGHT BOARD TO 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 Oversight Board (“Oversight Board”) to the Successor Agency to the
Redevelopment Agency of the City of Lake Elsinore (“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 & 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; 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 Cultural Center and Downtown
Parking 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 Cultural Center and Downtown Parking 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 Oversight Board now desires to approve the transfer the Cultural Center and
Downtown Parking Property by the Successor Agency to the City for future development; and,
Whereas,applicable law permits the Cultural Center and Downtown Parking 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 Cultural
Center and Downtown Parking 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
Reso No. OB-2016-0
Page 2 of 4
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,
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 hereby approves the transfer of the ownership of the
Cultural Center and Downtown Parking Property to the City of Lake Elsinore for future
development in accordance with Health & Safety Code Section 34180(f). Upon full execution of
the Compensation Agreement by the Taxing Entities and the City, the Oversight Board
authorizes the Successor Agency to convey the Cultural Center and Downtown Parking
Property to the City by grant deed 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
Cultural Center and Downtown Parking 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 Oversight Board hereby declares that it
would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.
Section 4.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, Approved and Adopted by the Oversight Board to the Successor Agency of the
Redevelopment Agency of the City of Lake Elsinore, California, this 29th day of September,
2016.
Genie Kelley, Chair
ATTEST:
Susan M. Domen, MMC
Oversight Board Secretary
Attachment:Exhibit A – Cultural Center and Downtown Parking Property
Reso No. OB-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 Oversight Board to the Successor Agency of the
Redevelopment Agency of the City of Lake Elsinore, California, hereby certify that Resolution
No. OB - 2016- was adopted by the Oversight Board to the Successor Agency of the
Redevelopment Agency of the City of Lake Elsinore at a Regular meeting held on the 29th day
of September, 2016 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Susan M. Domen, MMC,
Oversight Board 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