OBRES 2013-003RESOLUTION NO. OB 2013-003
A RESOLUTION OF THE OVERSIGHT BOARD OF THE
CITY AS SUCCESSOR AGENCY TO THE LA QUINTA
REDEVELOPMENT AGENCY DIRECTING THE
SUCCESSOR AGENCY TO TRANSFER TO THE CITY OF
LA QUINTA CERTAIN GOVERNMENTAL USE
PROPERTIES PURSUANT TO HEALTH AND SAFETY
CODE SECTION 34181
WHEREAS, the Oversight Board of the City as Successor Agency to the La
Quinta Redevelopment Agency ("Oversight Board" or "Successor Agency," as
applicable) has been established to direct the Successor Agency to take certain actions
to wind down the affairs of the former La Quinta Redevelopment Agency ("Agency") in
accordance with the California Health and Safety Code; and
WHEREAS, the City Council of the City of La Quinta ("City Council" or "City," as
applicable) approved and adopted (i) the Redevelopment Plan for La Quinta Project Area
No. 1 ("Project Area No. 1 " or "Project Area No. 1 Redevelopment Plan," as applicable)
on November 29, 1983, by Ordinance No. 43, as amended on December 20, 1994, by
Ordinance No. 258, on August 19, 2003, by Ordinance No. 388, and on March 16,
2004, by Ordinance No. 402; and (ii) the Redevelopment Plan for La Quinta
Redevelopment Project Area No. 2 ("Project Area No. 2" or "Project Area No. 2
Redevelopment Plan," as applicable) on May 16, 1989, by Ordinance No. 139, as
amended on December 20, 1994, by Ordinance No. 259, on February 3, 2004, by
Ordinance No. 399, on March 16, 2004, by Ordinance No. 403, and on March 16,
2004, by Ordinance No. 404; and
WHEREAS, the Agency was engaged in activities to execute and implement
the Project Area No. 1 Redevelopment Plan and the Project Area No.2
Redevelopment Plan pursuant to the provisions of the California Community
Redevelopment Law (Health and Safety Code § 33000, et seq.) ("CRL"); and
WHEREAS, pursuant to the authority granted in Health and Safety Code
section 33220, the City and the Agency worked cooperatively to implement
redevelopment projects and to provide funding necessary to effectuate the
completion of redevelopment projects; and
WHEREAS, pursuant to this cooperative effort, numerous public use
properties were acquired, developed, and/or prepared for development as publically
owned City facilities available for public use, a list of which is attached hereto as
Exhibit A and incorporated herein by this reference (the "Public Use Properties").
The City has assumed operation of the Public Use Properties. The Public Use
Resolution No. OB 2013-003
Transfer of Public Use Properties
Adopted: March 13, 2013
Page 2
Properties were and are intended for use by the City for municipal purposes for
ongoing efforts to redevelop, provide recreational opportunities, revitalize and/or
eliminate blight in the Agency's redevelopment project areas; and
WHEREAS, during the time period of January 1, 2011, to June 30, 2011,
the City executed certificates of acceptance for the deeds designed to transfer
ownership of the Public Use Properties from the Agency to the City (the "Agency
Deeds"), and the Agency Deeds, along with the certificates of acceptance, were
recorded in the official records of the County of Riverside; and
WHEREAS, none of the transfers of the Public Use Properties, or any of the
related documents and actions, were challenged within the applicable statute of
limitations; and
WHEREAS, as part of the 2011-12 State budget bill, the California
Legislature enacted and the Governor of California signed, ABx1 26 requiring that
each redevelopment agency be dissolved; and
WHEREAS, an action challenging the constitutionality of ABx1 26 and
companion bill ABx1 27 was filed in the California Supreme Court by the California
Redevelopment Association, the League of California Cities, and two individual
cities; and
WHEREAS, on December 29, 2011, the Court upheld ABx1 26 and struck
down as unconstitutional ABx1 27; and
WHEREAS, AB 26 states, in part, that "[t]he Legislature hereby finds that a
transfer of assets by a redevelopment agency [after January 1, 20111 is deemed
not to be in the furtherance of the [CRLI and is thereby unauthorized," that
"[clommencing [February 1, 20121, ... arrangements between the city ... that
created the redevelopment agency and the redevelopment agency are invalid...;"
and that "[all] ... properties [and] buildings ... of the former redevelopment agency
are transferred on [February 1, 20121, to the control of the successor agency;" and
WHEREAS, on or about April 20, 2012, the California State Controller issued
correspondence stating, in part, that "[i]f your city ... received any assets from a
redevelopment agency after January 1, 2011, your city ... hereby is ordered to ...
reverse the transfer and return the applicable assets to the successor agency of the
relevant redevelopment agency;" and
Resolution No. OB 2013-003
Transfer of Public Use Properties
Adopted: March 13, 2013
Page 3
WHEREAS, Assembly Bill 1484 ("AB 1484") was signed by the Governor of
California on June 27, 2012, making changes to AB 26 and certain additional
changes to the CRL; and
WHEREAS, on October 2, 2012, the City Council adopted Resolution No
2012-053, pursuant to which the City Council (i) rescinded its previous acceptance
of the transfers of the Public Use Properties and authorized the processing of
documentation confirming the Successor Agency's ownership of the Public Use
Properties; and
WHEREAS, pursuant to Health and Safety Code Section 34181(a), the
Oversight Board may direct the Successor Agency to transfer ownership of those
assets that were constructed and used for a governmental purpose to the
appropriate public jurisdiction; and
WHEREAS, because the Public Use Properties were and are intended for use
by the City for municipal purposes, the City is the appropriate public jurisdiction to
whom the Public Use Properties should be transferred; and
WHEREAS, during the Successor Agency's exit interview with the auditors
from the State Controller's Office, the auditors recommended that the Oversight
Board direct the Successor Agency to transfer the Public Use Properties to the City
pursuant to Health and Safety Code Section 34181(a); and
WHEREAS, notice of the action proposed to be taken by the Oversight Board
pursuant to this Resolution was duly published in accordance with the requirements
of Health and Safety Code Section 34181(f); and
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, BE IT RESOLVED that the Oversight Board of City as
Successor Agency to the La Quinta Redevelopment Agency, does hereby resolve as
follows:
Section 1. Recitals. The Recitals set forth above are true and correct and
incorporated herein by reference.
Section 2. Transfer of Public Use Properties. The Oversight Board hereby directs
the Successor Agency to transfer ownership of the Public Use Properties to the
City pursuant to Health & Safety Code section 34181.
Resolution No. OB 2013-003
Transfer of Public Use Properties
Adopted: March 13, 2013
Page 4
Section 3. Severability. 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 Oversight Board hereby declares that it would have
adopted this Resolution irrespective of the invalidity of any particular portion
thereof.
Section 4. Certification. The Oversight Board Secretary shall certify to the
adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED at the meeting of the Oversight Board
of the City as Successor Agency to the La Quinta Redevelopment Agency held this
13th day of March, 2013, by the following vote, to wit:
AYES: Board Members Ellis, Marshall, Maysels, McDaniel, Osborne and
Chairman Pena
NOES: None
ABSENT: Board Member Nelson
ABSTAIN: None
Oversight Boar&of the Successor Agency
to La Quinta Redevelopment Agency
Vianka Orrantia
Oversight Board Secretary
EXHIBIT "A"
LIST OF PUBLIC USE PROPERTIES
1. The 243 acres of vacant land purchased with tax exempt bond proceeds
intended and zoned for public use at the southwest corner of Jefferson Street
and Ave. 52 within the SilverRock Resort project;
2. A portion of the Fritz Burns Park;
3. The La Quinta Museum;
4. The portion of the La Quinta Parking Lot paved with shade structures;
5. The parking lot behind the Village Community Police Station;
6. The public parking lot in the La Quinta Village;
7. The landscaped lot next to the Senior Center;
8. Pioneer Park;
9. La Quinta Park; and
10. The .3 acre landscape lot — Parcel Map 33588 at the southwest corner of
Highway 111 and Dune Palms Road.
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