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Home My WebLink About01 ADOPTING RESOLUTION NO. 16-03 (TRANSFER OF PROPERTIES) Agenda Item ___1___ AGENDA REPORT Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency MEETING DATE: FEBRUARY 2, 2016 SUBJECT/ACTION: ADOPT OVERSIGHT BOARD RESOLUTION NO. 16-03, APPROVING THE TRANSFER OF TWO SUCCESSOR AGENCY PROPERTIES TO THE CITY RECOMMENDATION / PROPOSED ACTION It is recommended the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency adopt Oversight Board Resolution No. 16-03, approving the transfer of the following two (2) Successor Agency properties to the City of Tustin: 1. 345 E Main Street (310 S Preble Drive): Tustin Library (401-592-19) 2. 200 S “C” Street: Tustin Senior Center (401-574-04) Approval is subject to the following conditions: a) Should any subsequent modifications be required, the City Manager and/or Finance Director, or their authorized designee, shall be authorized to make any augmentation, modification, additions or revisions as may be necessary, subject to certification by the Oversight Board Chair. Note: ( This Resolution shall be effective after transmittal of this Resolution to the Department of Finance (“DoF”) and the expiration of five (5) business days pending a request for review by DoF within the time periods set forth in Assembly Bill No. 1484. Pursuant to Health and Safety Code Section 34181(f), if DoF requests review hereof, it will have 60 days from the date of its request to approve this Oversight Board property disposition action or return it to the Oversight Board for reconsideration and the action, if subject to review by DoF, will not be effective until approved by DoF.) BACKGROUND In accordance with Health and Safety Code (“HSC”) Section 34191.5(b), the Successor Agency prepared a Long Range Property Management Plan (“LRPMP”) that addressed the disposition and use of the real properties of the former Redevelopment Agency and, on January 27, 2015, the Oversight Board to the Successor Agency approved the LRPMP. On February 3, 2015, the LRPMP was then submitted to DoF for approval. On December 10, 2015, DoF approved the LRPMP. During DoF’s review of the LRPMP, it came to staff’s attention the former Redevelopment Agency still holds title to the Library and Senior Center. HSC Section 34181(a) allows Agenda Report February 2, 2016 Page 2 properties owned by the former Redevelopment Agency and used for governmental purposes to be transferred to the City. As a result, staff is recommending the Oversight Board approve the transfer of the properties. Pursuant to HSC Section 34181(f), the Successor Agency published a “Notice of Public rd Meeting” in the Orange County Register on January 23, notifying the public that the nd Oversight Board will be considering the transfer at the Board’s February 2 meeting. Pursuant to HSC Section 34181(a), the Oversight Board is required to approve the transfer of properties prior to the Successor Agency submitting the Resolution to DoF for final approval. Staff will be available to answer any questions the Oversight Board may have. Attachment: Oversight Board Resolution No. 16-03 OVERSIGHT BOARD RESOLUTION NO. 16-03 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY APPROVING THE TRANSFER OF TWO SUCCESSOR AGENCY PROPERTIES TO THE CITY OF TUSTIN The Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency finds, determines and declares as follows: A. The City of Tustin (“City”) is a municipal corporation organized and operating under the laws of the State of California; and B. The Successor Agency is a public body corporate and politic, organized and operating under Parts 1.8 and 1.85 of Division 24 of the California Health and Safety Code, and the successor to the former Tustin Community Redevelopment Agency (“former Agency”) that was previously a community redevelopment agency organized and existing pursuant to the Community Redevelopment Law, Health and Safety Code Section 33000, et seq. (“CRL”); and C. Assembly Bill x1 26 (“AB x1 26”) added Parts 1.8 and 1.85 to Division 24 of the California Health & Safety Code (“HSC”) and which laws were modified, in part, and determined constitutional by the California Supreme Court in the petition California Redevelopment Association, et al. v. Ana Matosantos, et al., Case No. S194861, which laws and court opinion caused the dissolution of all redevelopment agencies and winding down of the affairs of former redevelopment agencies; thereafter, such laws were amended further by Assembly Bill 1484 and subsequent legislation (together AB x126, the Matosantos Decision, and subsequent legislation are referred to as the “Dissolution Law”). All statutory references herein are to the Health and Safety Code of the Dissolution Laws unless otherwise stated; and D. As of February 1, 2012 the former Agency was dissolved pursuant to the Dissolution Law and as a separate public entity, corporate and politic the Successor Agency administers the enforceable obligations of the former Agency and otherwise unwinds the former Agency’s affairs, all subject to the review and approval by a seven- member oversight board (“Oversight Board”); and E. Section 34179 provides that the Oversight Board has fiduciary responsibilities to holders of enforceable obligations and the affected taxing entities that benefit from distributions of property tax and other revenues pursuant to Section 34188 of Part 1.85 of the Dissolution Laws; and F. On January 27, 2015, pursuant to HSC Section 34191.4, the Oversight Board approved the Long Range Property Management Plan (“LRPMP”); and G. On February 3, 2015, the Successor Agency submitted the LRPMP to the Department of Finance (“DoF”) for approval; and H. On December 10, 2015, DoF approved the LRPMP; and I. During the course of DoF’s LRPMP review, it was discovered the former Agency still holds title to the Tustin Library (“Library”) and Tustin Senior Center (“Senior Center”); and J. In accordance with HSC Section 34181(a)(1), the two Successor Agency properties, the Library and Senior Center, were constructed and used for a government purpose and, as such, can be transferred to the appropriate public jurisdiction; and K. Pursuant to HSC Section 34181(f), the Successor Agency published a “Notice of Public Meeting” in the Orange County Register on January 23rd, notifying the public that the Oversight Board will be considering the transfer of the two Successor Agency properties to the City at the Board’s February 2nd meeting; and L. Pursuant to HSC Section 34181(a), the Oversight Board has duly considered and approved the transfer of two Successor Agency governmental use properties to the City; and M. The Oversight Board has determined approval of the transfer and submission to DoF is in the best interest of the City and Agency and in the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. NOW, THEREFORE, BE IT RESOLVED BY A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY: Section 1. The foregoing recitals are incorporated into this Resolution by this reference, and constitute a material part of this Resolution. Section 2. Pursuant to Section 34181(a) of the Dissolution Law, the Oversight Board approves the transfer of the Library and the Senior Center to the City and authorizes the Successor Agency to transmit this Resolution to the DoF. Section 3. The Executive Director of the Successor Agency or his authorized designee is directed to post this Resolution on the City/Successor Agency website. Section 4. This Resolution shall be effective after transmittal of this Resolution to DoF and the expiration of five (5) business days pending a request for review by DoF within the time periods set forth in the Dissolution Law. Pursuant to HSC Section 34181(f), if DoF requests review hereof, it will have 60 days from the date of its request to approve this Oversight Board property disposition action or return it to the Oversight Board for reconsideration and the action, if subject to review by DoF, will not be effective until approved by DoF. Section 5. The Secretary of the Oversight Board shall certify to the adoption of this Resolution. ND APPROVED AND ADOPTED this 2 day of February, 2016. Doug Davert, Chairman Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency ATTEST: Charles E. “Chuck” Puckett, Secretary Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF TUSTIN ) I, CHARLES E. “CHUCK’ PUCKETT, Secretary of the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency, do hereby certify that the whole number of the members of the Agency Board is seven; that the above and foregoing Resolution No. 16-03 was duly passed and adopted at a regular meeting nd of the Oversight Board, held on the 2 day of February, 2016, by the following vote: BOARD MEMBER AYES: ________________________________ BOARD MEMBER NOES: ________________________________ BOARD MEMBERS ABSTAINED: ________________________________ BOARD MEMBERS ABSENT: ________________________________ _____________________________ Charles E. “Chuck” Puckett, Secretary Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency