HomeMy WebLinkAbout12-010 CC Resolution RESOLUTION NO. 12-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ACCEPTING THE REAL PROPERTY OF
THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA PURSUANT TO PART 1.85 OF DIVISION 24
OF THE CALIFORNIA HEALTH AND SAFETY CODE,
INCLUDING HEALTH AND SAFETY CODE SECTION
34175, AND TAKING CERTAIN ACTIONS IN
CONNECTION THEREWITH
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find,
determine and declare that:
A. The Redevelopment Agency of the City of Temecula (the "Agency") is a
redevelopment agency in the City of Temecula (the "City"), created pursuant to the
Community Redevelopment Law (Part 1(commencing with Section 33000) of Division
24 of the California Health and Safety Code) (the "Redevelopment Law").
B. On June 12, 1988, the Board of Supervisors of the County of Riverside
adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for
Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in
accordance with the provisions of the CRL. On December 1, 1989, the City of
Temecula was incorporated. The boundaries of the Project Area described in the Plan
(the "Project Area") are entirely within the boundaries of the City of Temecula. On April
9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-
11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula
and transferring jurisdiction over the Plan from the County to the City. Pursuant to
Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency
of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. The Plan
has been amended by Ordinance Nos. 94-33, 06-11 .and 07-20 adopted by the City
Council. The Agency duly adopted its Implementation Plan for 2010-2014 on December
8, 2009 in accordance with Health and Safety Code Section 33490. The Agency is
undertaking a program to redevelop the Project Area.
C. ABX1 26 was signed by the Governor of California on June 29, 2011,
making certain changes to the Redevelopment Law, including adding Part 1.8
(commencing with Section 34161) and Part 1.85 (commencing with Section 34170) to
Division 24 of the California Health and Safety Code. Commencing upon the
effectiveness of ABX1 26, ABX1 26 suspends most redevelopment agency activities
and, among other things, prohibits redevelopment agencies from incurring indebtedness
or entering into or modifying contracts. Effective October 1, 2011 (now February 1,
2012) as a result of the California Supreme Court decision), ABX1 26 dissolves all
existing redevelopment agencies and redevelopment agency components of community
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development agencies, provides for the designation of successor agencies as
successor entities to former redevelopment agencies, and provides that except for
those provisions of the Redevelopment Law that are repealed, restricted, or revised
pursuant to ABX1 26, all authority, rights, powers, duties and obligations previously
vested with the former redevelopment agencies under the Redevelopment Law, are
vested in the successor agencies. ABX1 26 imposes numerous requirements on the
successor agencies and subjects successor agency actions to the review of oversight
boards established pursuant to the provisions of Part 1.85.
D. ABX1 27 was signed by the Governor of California on June 29, 2011,
adding Part 1.9 (commencing with Section 34192) to Division 24 of the California Health
and Safety Code. Part 1.9 establishes an Alternative Voluntary Redevelopment
Program whereby, notwithstanding the provisions of Part 1.8 and Part 1.85, a
redevelopment agency will be authorized to continue to exist and carry out the
provisions of the Redevelopment Law.
E. The California Redevelopment Association and League of California Cities
filed a lawsuit in the Supreme Court of California alleging that ABX1 26 and ABX1 27
are unconstitutional.
F. On December 29, 2011, the California Supreme Court issued its Opinion
in this case ruling that ABX1 26, terminating redevelopment agencies, is valid and legal
exercise of the State's legislative power and that ABX1 27, allowing an Alternative
Voluntary Payment to enable a redevelopment agency to continue, is unconstitutional
as violating the section of the California Constitution that prohibits the State from taking
redevelopment funds for state purposes.
G. The Court also extended for four months the deadlines for City and
Agency actions described in ABX1 26.
H. Health and Safety Code Section 34173, which is set forth in Part 1.85,
provides that a city that authorized the creation of a redevelopment agency may elect to
serve, or not to serve, as the successor agency under Part 1.85. By Resolution No. 12-
02 the City Council elected to serve as the successor agency pursuant to Section
34173.
I. Health and Safety Code Section 34176, which is set forth in Part 1.85,
provides that a city that authorized the creation of a redevelopment agency may elect to
retain the housing assets and functions previously performed by the redevelopment
agency. If a city elects to retain the responsibility for performing housing functions
previously performed by the redevelopment agency, all rights, powers, duties, and
obligations, subject to certain qualifications. By Resolution No. 12- the City
Council elected to assume the housing functions previously performed by the
Redevelopment Agency.
J. Pursuant to Part 1.85, and including Health and Safety Code Section
34175, all assets, properties, contracts, leases, books and records, buildings, and
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equipment of the former redevelopment agency are transferred on October 1, 2011
(now February 1, 2012), to the control of the successor agency, for administration
pursuant to the provisions of Part 1.85. This includes all cash or cash equivalents and
amounts owed to the redevelopment agency as of October 1, 2011(now February 1,
2012).
K. While title to the real property of the Redevelopment Agency of the City of
Temecula will pass to the City of Temecula by operation of law on February 1, 2012, the
City desires to effectuate this transfer of real property by grant deed so as to have clear
title to the real property and enable the City to administer the real property as provided
in Part 1.8.
Section 2. The City of Temecula hereby accepts from the Redevelopment
Agency of the City of Temecula the conveyance of the real property and interests in real
property described on Exhibit A to this Resolution, attached hereto and incorporated
herein by this reference (the "Properties"), as such list may be amended as provided in
Section 4 of this Resolution. The Properties are being conveyed to the City Pursuant to
Part 1.85 of the Health and Safety Code and the City shall maintain, hold and convey
the Properties in accordance with the provisions of Part 1.85 and applicable law.
Section 3. The Mayor is authorized and directed to execute the acceptance of
the Grant Deeds for the Properties on behalf of the City.
Section 4. The City Manager or his designees are herby authorized and
directed, to do any and all things which they may deem necessary or advisable to
effectuate the conveyance of the Properties pursuant to this Resolution, including, but
not limited to, recording the grant deeds, adding additional properties or property
interests of the Agency to the list of Properties to be conveyed from the Agency to the
City, approving on behalf of the City any escrow or other agreements necessary for the
conveyances, or approving on behalf of the City any agreements, indemnifications,
endorsements, or certifications as may be required by a title company to provide for
clear title to the City of the Properties.
Section 5. The adoption of this Resolution is not intended and shall not
constitute a waiver by the City of any right the City may have to challenge the legality of
all or any portion of the implementation of ABX1 26 through administrative or judicial
proceedings.
Section 6. This Resolution has been reviewed with respect to applicability of
the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines
(California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the
"Guidelines"), and the City's environmental guidelines. The City Council has
determined that this Resolution is not a"project" for purposes of CEQA, as that term is
defined by Guidelines Section 15378, because this Resolution is an organizational or
administrative activity that will not result in a direct or indirect physical change in the
environment. (Guidelines Section 15378(b) (5)).
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Section 7. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 24� day of January, 2012.
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C��ck Washington, Mayor
ATTEST:
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Susan . Jo es, MMC
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[S EAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 12-10 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 24 day of January, 2012, by the
following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Roberts,
Washington
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
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Susa W. Jones, MMC
City Clerk
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EXHIBIT A
LIST OF PROPERTIES TO BE CONVEYED
FROM THE AGENCY TO THE CITY
Property Common Property Location Property Description Acres
Name
Diaz Property Northwest corner of Diaz Road Vacant waterpark site 32.32
and Dend Parkwa
Children's Museum 42081 Main Street Pennypickle's Workshop 0.44
28640 Pujol Street
Lawer Property (parcel north of and adjacent Vacant 0.88
to the Main Street A artments
28485 Pujol Street
Mission Village (Generally located on the 4.16
Apartments northwest corner of 6` Street 76 units/multi-family
and Pu�ol Street
28725 Pujol Street
Muniz Property (Generally north of the Habitat Vacant 0.23
II develo ment