Resolution Number SJCOB 16-09-07-01SJCOB RESOLUTION NO. 16-09-07-01
A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY DESIGNATING CERTAIN REAL
PROPERTY AS A GOVERNMENTAL USE PROPERTY AND
DIRECTING THE SUCCESSOR AGENCY TO TRANSFER SUCH
PROPERTY TO THE CITY OF SAN JUAN CAPISTRANO PURSUANT
TO HEALTH & SAFETY CODE SECTION 34181(a)
WHEREAS, prior to February 1, 2012, the San Juan Capistrano Community
Redevelopment Agency (herein referred to as the "Agency") was a community
redevelopment agency duly organized and existing under the California Community
Redevelopment Law (Health and Safety Code Section 33000, et seq.), and was
authorized to transact business and exercise the powers of a redevelopment agency
pursuant to action of the City Council ("City Council") of the City of San Juan Capistrano
("City"); and
WHEREAS, Assembly Bill 1x 26, chaptered and effective on June 28, 2011,
added Parts 1.8 and 1.85 to Division 24 of the California Health and Safety Code, which
caused the dissolution of all redevelopment agencies and winding down of the affairs of
former agencies, including as such laws were amended by Assembly Bill 1484,
chaptered and effective on June 27, 2012 (together, the "Dissolution Act"); and
WHEREAS, as of February 1, 2012 the Agency was dissolved pursuant to the
Dissolution Act and as a separate legal entity the City serves as the Successor Agency
to the San Juan Capistrano Community Redevelopment Agency ("Successor Agency");
and
WHEREAS, Successor Agency administers the enforceable obligations of the
Agency and otherwise unwinds the Agency's affairs, all subject to the review and
approval by a seven-member oversight board ("Oversight Board"); and
WHEREAS, the Successor Agency holds title to certain real property described
as APN 124-160-22 and APN 124-160-121 (collectively, the "Property"), which Property
is in use as public parking lots; and
WHEREAS, Health & Safety Code Section 34181(a)(1) provides, among other
things, that "[t]he oversight board shall direct the successor agency to do all of the
following: (a) Dispose of all assets and properties of the former redevelopment agency;
provided, however, that the oversight board may instead direct the successor agency to
transfer ownership of those assets that were constructed and used for a governmental
purpose, such as roads, school buildings, parks, police and fire stations, libraries,
parking facilities and lots dedicated solely to public parking, and local agency
administrative buildings, to the appropriate public jurisdiction pursuant to any existing
agreements relating to the construction or use of such an asset" (emphasis added); and
WHEREAS, Health and Safety Code Section (a)(2) provides that "[p]arking
facilities and lots dedicated solely to public parking" do not include properties that
generate revenues in excess of reasonable maintenance costs of the properties; and
WHEREAS, there is no charge or fee imposed for the right to use the parking
spaces at the Property and therefore the Property does not generate revenues in
excess of reasonable maintenance costs of the Property; and
WHEREAS, the Property was not included in the Successor Agency's Long
Range Property Management Plan which was approved by the Oversight Board and the
California Department of Finance; and
WHEREAS, the Oversight Board now desires to confirm that the Property is
"constructed and used for a governmental purpose" within the meaning of Health &
Safety Code Section 34181 (a) and to direct the Successor Agency to transfer by
quitclaim or grant deed any remaining interest it may have in the Property to the City
pursuant to the Oversight Board's authority under Health & Safety Code
Section 34181(a); and
WHEREAS, pursuant to Health and Safety Code Section 34181(f), notice of the
proposed action by the Oversight Board was published at least 10 days prior to the
public meeting at which this Resolution was approved.
NOW, THEREFORE, BE IT RESOLVED that the Oversight Board for the
Successor Agency to the San Juan Capistrano Community Redevelopment Agency,
hereby finds, determines, and resolves as follows:
Section 1. The foregoing recitals are true and correct and constitute a
substantive part of this Resolution.
Section 2. The Oversight Board hereby finds and determines, based on all the
evidence in the record before it, that the Property is constructed and used for a
governmental purpose, specifically parking facilities and lots dedicated solely to use as
public parking facilities, and that no charge or fee is imposed for the use of the Property
by the public. The Oversight Board further finds and determines that the Property does
not generate revenues in excess of reasonable maintenance costs of the Property.
Section 3. The Oversight Board further directs the Successor Agency to
transfer, quitclaim, grant and/or assign, as applicable, any remaining interest it may
have in the Property to the City at no charge pursuant to Health & Safety Code
Section 34181 (a).
Section 4. The Oversight Board hereby authorizes the Successor Agency to
take all actions necessary and appropriate to accomplish the transfer of title to the
Property to the City, to the satisfaction of any title company issuing a title policy with
respect to the Property, including without limitation executing and delivering an
additional quitclaim or grant deed or other instrument as appropriate or as may be
required by any title company insuring title to the Property.
Section 5. The Chair of the Oversight Board shall sign the passage and
adoption of this Resolution and thereupon the same shall take effect and be in force.
Section 6. The Successor Agency is hereby directed to transmit this
Resolution and the accompanying staff report and all exhibits thereto, each of which is
incorporated herein, to the Department of Finance pursuant to Health & Safety Code
Sections 34179(h) and 34181 (f).
APPROVED AND ADOPTED this 7th day of September 2016 .
OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY TO THE SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
VI ce. do 1 r
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, Maria Morris, Secretary of the Oversight Board to the Successor Agency to the
San Juan Capistrano Community Redevelopment Agency, hereby certify that the
foregoing resolution was duly adopted by the Oversight Board at its special meeting
held on the ih day of September, 2016, and that it was so adopted by the following
vote:
AYES: Jakl, McCord, Tatarian and Vice-C
NOES: None
ABSENT: Chair Freese and Hampton
ABSTAIN: None