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HomeMy WebLinkAboutItem No. 15 Transfer of Gov Prop H&S Code 34181(a)Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: SA 2014-004 Agenda Date: 5/8/2018 Status: Consent AgendaVersion: 1 File Type: SA ResolutionIn Control: City Council / Successor Agency Agenda Number: 15) Page 1 City of Lake Elsinore Printed on 5/3/2018 REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE To:Honorable Chairman and the Successor Agency From:Grant Yates, Executive Director Prepared By: Barbara Leibold, Successor Agency Counsel Date:May 8, 2018 SUBJECT:Transfer of Governmental Purpose Properties to the City of Lake Elsinore in accordance with Health & Safety Code Section 34181(a) Recommendation Adopt A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPROVING THE. TRANSFER OF A GOVERNMENTAL PURPOSE PROPERTY TO THE CITY OF LAKE ELSINORE IN ACCORDANCE WITH HEALTH & SAFETY CODE SECTION 34181(a) Background As part of the dissolution of the former Redevelopment Agency, Health & Safety Code Section 34181 requires the Oversight Board to direct the Successor Agency to transfer ownership of assets constructed and used for a governmental purpose, such as roads, parks and parking facilities. The Successor Agency, the Oversight Board and the Department of Finance (DOF) previously approved the transfer of various properties held by the Successor Agency to the City of Lake Elsinore as governmental purpose properties. However, DOF denied conveyance by the Successor Agency to the City of a .53 acre parcel located at the intersection of Riley and Heald (APN 374-162-036) (the “Property”). The Oversight Board previously approved the conveyance of the Property to the City as governmental purpose property because of the historic landmark that is located thereon. Based on information provided by the Lake Elsinore Historical Society, Mrs. Mary Julia Ledlie McDonald commissioned Mr. Graham to drill wells in different locations of Elsinore. A fresh water well at a depth of some 200 feet was discovered on the Property. Sometime around 1931, Mrs. McDonald had a gazebo building erected to cover the water fountain and a flower garden planted around the structure. Mrs. McDonald wanted the public to freely drink from the fresh water fountain and fill their water bottles. The Mary McDonald Fountain and Building have been designated as a Riverside County Historical Landmark. Approval of Transfer of Real Property to City May 8, 2018 Page 2 In order to protect the historically significant Mary McDonald Gazebo, Successor Agency staff proposes to divide the Property and convey only that portion that includes and is necessary for the preservation and maintenance of the historic landmark to the City as governmental purpose property. The remainder portion of the property consisting of approximately 17,775 square feet is zoned Medium Density Residential and could be developed as a single project or divided into two developable lots. This portion of the Property is not essential to the preservation of the historic landmark and will be sold. The proposed division is conceptually depicted on the attached Vicinity Map. Discussion In accordance with the Redevelopment Dissolution Act, the Successor Agency must dispose of real property in accordance with Health & Safety Code Sections 34177(e) and 34181(a). The Oversight Board must also approve the proposed transfer to the City, and the Oversight Board’s Resolution approving such transfer must be transmitted to DOF. DOF has five (5) days after submittal to request a review and forty-five (45) days to review the Oversight Board Resolution if it decides to do so. Following approval by DOF of the conveyance of the historically significant portion of the Property to the City, staff will process a formal division of the Property and the larger remainder parcel will be offered for sale at appraised fair market value. Attachments: Successor Agency Resolution No. SA-2018-___ 1j0 RESOLUTION NO. SA-2018-___ A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPROVING THE TRANSFER OF A GOVERNMENTAL PURPOSE PROPERTY 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”) is charged with implementing recognized enforceable obligations and winding down of the affairs of the former Redevelopment Agency of the City of Lake Elsinore (the “Agency”) in accordance with the California Health and Safety Code; 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 holds title to certain real property (APN 374-162- 036) (the “Property”) a portion of which has been identified by the Successor Agency as a governmental purpose property in accordance with applicable law because of the historic landmark located thereon (the “Governmental Purpose Portion”); and WHEREAS, historical preservation is a permissible governmental function and essential to protect the rich history of the City of Lake Elsinore which dates back to its incorporation in 1888; and WHEREAS, pursuant to the requirements of Health & Safety Code Section 34181(f), the Oversight Board will hold a public meeting to consider the transfer of the Governmental Purpose Portion from the Successor Agency to the City and members of the public will be given an opportunity to comment. 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. In accordance with Health & Safety Code Section 34181(a), the Successor Agency hereby approves the transfer to the City of Lake Elsinore the Governmental Purpose Portion which includes the historic landmark and that portion of the Property necessary to preserve and maintain the historic Mary McDonald Gazebo landmark as depicted in the Concept Map attached hereto as Exhibit A. SECTION 3.Executive Director Yates, or his designee, is hereby authorized and directed to execute a conveyance deed in a form acceptable to Successor Agency Counsel to transfer ownership of the Governmental Purpose Portion to the City of Lake Elsinore and, if SUCCESSOR AGENCY RESOLUTION NO. SA-2018-___ Page 2 deemed appropriate by Successor Agency Counsel, enter into such agreements or other documents as may be required in accordance with the Health & Safety Code, and to take such other actions on behalf of the Successor Agency with respect to the foregoing as may be necessary in accordance with applicable law. SECTION 4. 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 5. This Resolution shall take effect from and after the date of its passage and adoption in accordance with, and subject to, all applicable requirements of the Health & Safety Code. PASSED AND ADOPTED this 8th day of May, 2018. _____________________________ Natasha Johnson, Chairperson, Successor Agency of the Redevelopment Agency of the City of Lake Elsinore ATTEST: __________________________________ Susan M. Domen, MMC, Agency Secretary Attachments: Exhibit A – Concept Map