RES-OB-0038 Transfer Ownership of Certain Governmental Use PropertiesRESOLUTION NO.OB -0038
A RESOLUTION OF THE OVERSIGHT BOARD OF
THE SUCCESSOR AGENCY TO THE ORANGE
REDEVELOPMENT AGENCY DIRECTING THE
SUCCESSOR AGENCY TO TRANSFER OWNERSHIP
OF CERTAIN GOVERNMENTAL USE PROPERTIES
FORMERLY OWNED BY THE ORANGE
REDEVELOPMENT AGENCY TO THE CITY OF
ORANGE PURSUANT TO HEALTH AND SAFETY
CODE SECTION 34181(a).
WHEREAS, pursuant to Assembly Bill Xl 26 (which became effective at the end of June
2011), as modified by the California Supreme Court's decision in California Redevelopment
Association, et al. v. Ana Matosantos, et al. (53 Cal. 4th 231(2011)), the Orange Redevelopment
Agency (the "Redevelopment Agency ") was dissolved as of February 1, 2012 and the Successor
Agency to the Orange Redevelopment Agency (the "Successor Agency ") was constituted; and
WHEREAS, on January 10, 2012, by Resolution No. 10625, the City of Orange declared
itself as the successor agency (the "Successor Agency ") upon the dissolution of the
Redevelopment Agency, subject to all reservations stated in such resolution; and
WHEREAS, Assembly Bill 1484 (which became effective at the end of June 2012)
amended and supplemented AB X1 26 (AB X1 26 and AB 1484, together, being referred to below
as the "RDA Dissolution Act "); and
WHEREAS, the Oversight Board of the Successor Agency to the Orange Redevelopment
Agency (the "Oversight Board ") has been established to direct the Successor Agency to take certain
actions to wind down the affairs of the Agency in accordance with the California Health and Safety
Code; and
WHEREAS, pursuant to the RDA Dissolution Act, all assets, properties, contracts, leases,
books and records, buildings, and equipment of the former Redevelopment Agency have been
transferred to the control of the Successor Agency; and
WHEREAS, Health and Safety Code Section 34181(a) sets forth certain requirements for
the Oversight Board to direct the Successor Agency to dispose of the assets and properties of the
former Redevelopment Agency, but provides that the Oversight Board may direct the Successor
Agency to transfer ownership of an asset that was constructed and used for a governmental
purpose to the City of Orange; and
WHEREAS, Health and Safety Code Sections 34191.3 and 34191.5 suspended the
requirements of Section 34181(a) pending the preparation of a long range management plan
pursuant to Section 34191.5, except for transfers of properties for governmental use; and
WHEREAS, the Successor Agency has presented to the Oversight Board information at
its May 9, 2012 meeting providing a general overview of real property assets; and
WHEREAS, pursuant to Health and Safety Code Section 34181(f), all actions taken by the
Oversight Board pursuant to Health and Safety Code Section 34181(a) must be at a public meeting
after at least ten days' notice to the public of the proposed action; and
NOW, THEREFORE, the Oversight Board of the Successor Agency to the Orange
Redevelopment Agency does hereby find, determine, resolve, and order as follows:
Section 1. The Oversight Board hereby finds and determines that the foregoing recitals
are true and correct.
Section 2. All legal prerequisites to the adoption of this Resolution have occurred.
Section 3. In accordance with Health and Safety Code Section 34181(a), the Oversight
Board hereby finds that all of the property, described below for reference purposes only, was
owned by the former Redevelopment Agency and was constructed and used for a governmental
purpose. Such Governmental Use Properties include:
The public roadway encompassing 0.06 acres located along a portion of East
Chapman Avenue, approximately 135 feet west of Tustin Street; and,
The public roadway encompassing 0.78 acres identified as Designer Drive located
northwesterly of The City Drive and Metropolitan Drive.
Section 4. There are no agreements between the Redevelopment Agency and the City
of Orange governing the disposition of the Governmental Use Properties.
Section 5. In accordance with Health and Safety Code Section 34181(a), the Oversight
Board does hereby direct the Successor Agency to transfer to the City of Orange all of the
Governmental Use Properties for no consideration.
Section 6. The officers and staff of the Oversight Board and the Successor Agency are
hereby authorized and directed, jointly and severally, to do any and all things which they may
deem necessary or advisable to effectuate this Resolution.
Section 7. The Clerk of the Oversight Board shall certify to the adoption of this
Resolution.
Section 8. This Resolution is duly adopted by the Oversight Board at a public meeting
that was publically notice through print media and posting at least 10 days prior to the meeting.
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ADOPTED this 24 day of July, 2013.
Agency
IN
of t e Oversight Board to the Successor
O nge edevelopment Agency
ATTEST:
Mary E. Mujphy
Clerk of the Oversight Board
I hereby certify that the foregoing Resolution was duly and regularly adopted by the
Oversight Board of the Successor Agency to the Orange Redevelopment Agency at a regular
meeting thereof held on the 24 day of July, 2013, by the following vote:
AYES: BOARDMEMBERS: Reml and, Christensen, Davert, Buttress, Cavecche, Schulze
NOES: BOARDMEMBERS: None
ABSENT: BOARDMEMBERS: Yarbrough
ABSTAIN: BOARDMEMBERS: None
Mary E. alurphy
Clerk of the Oversight Board
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