The URL can be used to link to this page

Home My WebLink About12-03 RDA Resolution RESOLUTION NO. RDA 12-03 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA CONVEYING REAL PROPERTY TO 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 REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Redevelopment Agency 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 development agencies, provides for the designation of successor agencies as R:/RDA Resos 2012/RDA 12-03 1 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 dead�ines 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. 12-11 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 equipment of the former redevelopment agency are transferred on October 1, 2011 R:/RDA Resos 2012/RDA 12-03 2 (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 Redevelopment Agency of the City of Temecula hereby conveys to the City of Temecula 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 Chairman is authorized and directed to execute the Grant Deeds conveying the Properties to the City on behalf of the Agency. Section 4. The Executive Director 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 Agency any escrow or other agreements necessary for the conveyances, or approving on behalf of the Agency 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 Agency of any right the Agency 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 Redevelopment Agency 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)). Section 7. The Agency Secretary shall certify to the adoption of this resolution. R:/RDA Resos 2012/RDA 12-03 3 PASSED, APPROVED, AND ADOPTED by the Members of the Redevelopment Agency of the City of Temecula this 24 day of January, 2012. � Michael S. Naggar, Chairperson ATTEST: Susan . Jone , MMC k/,Board ecretary [SEAL] . R:/RDA Resos 2012/RDA 12-03 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 12-03 was duly and regularly adopted by the Members of the Redevelopment Agency of the City of Temecula at a meeting thereof held on the 24 day of January, 2012, by the following vote: AYES: 5 AGENCY MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None ABSTAIN: 0 AGENCY MEMBERS: None C-(/� Susan W. Jones, MMC ity Clerk/B ard Secretary R:/RDA Resos 2012/RDA 12-03 5 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