HomeMy WebLinkAbout0004_2_OB - ResoRESOLUTION NO. OB-2018-___
A RESOLUTION OFTHE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OFTHE REDEVELOPMENT AGENCY OF THE CITY OF LAKE
ELSINORE APPROVING THE TRANSFER OFA GOVERNMENTAL
PURPOSE PROPERTYTO THE CITY OF LAKE ELSINORE IN
ACCORDANCE WITH HEALTH & SAFETY CODE SECTION34181(a)
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 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; and
WHEREAS,Health &Safety Code Section 34181(a)requires the Oversight Board to
direct the Successor Agency totransfer real properties constructed and used for governmental
purposes to the City of Lake Elsinoreor another appropriate jurisdiction; and
WHEREAS,examples of governmental purposeproperties 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 holds title to certain real property (APN 374-162-
036) (the “Property”) a portion of which hasbeen identified by the Successor Agency as a
governmental purpose property in accordance with applicable lawbecause of the Mary
McDonald Fountain and Building historic landmarklocated thereon (the “Governmental Purpose
Portion”); and
WHEREAS,historical preservation is a permissible governmental function pursuant to
Government Code Section 37361and other applicable lawsand is essential to protect and
preserve the rich history of the City of Lake Elsinorewhich dates back to incorporation in 1888;
and
WHEREAS,the requirements of Health & Safety Code Section 34181(f) have been
satisfied, in that the Oversight Board conducted a public meeting to consider the transfer of the
Governmental Purpose Portion of the Property from the Successor Agency to the City, ten (10)
days public notice of said transfer was provided, and members of the public were given an
opportunity to comment on the transfer of the Governmental Purpose Portion; 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:Inaccordance with Health &Safety Code Section 34181(a), the Oversight
Boardhereby approves the transfer to the City of Lake Elsinore the Governmental Purpose
Portion of the Property comprising approximately 5,625 square feet which includes theMary
OBResolution No. 2018-___
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McDonald Fountain and Buildingand property necessary to preserve and maintain the historic
landmark as depicted in the Vicinity Map attached hereto as Exhibit A.
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 Boarddeclares that it would
have adopted this Resolution irrespective of the invalidity of any particular portion thereof.
SECTION 5: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 requestsa 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, APPROVEDAND ADOPTED by the Oversight Board to the Successor
Agency of the Redevelopment Agency of the City of Lake Elsinore, California, this 16thday of
May2018.
Genie Kelley
Chair
ATTEST:
__________________________________
Susan M. Domen, MMC
Oversight BoardSecretary
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-2018- 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 16th day
of May, 2018by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
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Susan M. Domen, MMC
Oversight Board Secretary
Attachments:Exhibit A –Concept Map