RES-10751 Conveyance Authorization of Certain Governmental Use PropertiesRESOLUTION NO. 10751
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AUTHORIZING THE
ACCEPTANCE OF THE CONVEYANCE OF
CERTAIN GOVERNMENTAL USE PROPERTIES
FROM THE SUCCESSOR AGENCY TO THE
ORANGE REDEVELOPMENT AGENCY AND
TAKING CERTAIN RELATED ACTIONS.
WHEREAS, pursuant to AB X1 26 (which became effective at the end of June
2011), as substantially upheld 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 "Former Agency ") was dissolved as of February 1,
2012 and the Successor Agency to the Orange Redevelopment Agency (the "Successor
Agency ") was constituted; and
WHEREAS, AB 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, 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, pursuant to the RDA Dissolution Act, an Oversight Board (the
Oversight Board ") for the Successor Agency has been established; and
WHEREAS, pursuant to Section 34181 of the California Health and Safety Code
HSC "), the Oversight Board is required to direct the Successor Agency to take certain
actions in connection with the wind down of the affairs of the Former Agency; and
WHEREAS, HSC 34181(a), in particular, requires the Oversight Board to direct the
Successor Agency to dispose the assets and properties of the Former Agency; provided 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 appropriate public jurisdiction;
and
WHEREAS, HSC 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 Oversight Board adopted Resolution No. OB -0039 (the "Oversight
Board Resolution "), on July 24, 2013, directing the Successor Agency to transfer the certain
government use properties, including the following (collectively, the "Approved Properties ")
to the City of Orange (the "City "), with no consideration:
The local agency administrative building encompassing 0.34 acres
APN 390 - 382 -05) located on West Chapman Avenue between Grand
Street and Orange Avenue (the "Agency Administration Building
Property ");
The northerly portion of the South Grand Parking Lot encompassing
0.18 acres (APN 390 - 382 -08) located on South Grand Street between
West Chapman Avenue and Almond Avenue (the "South Grand
Parking Lot North Property ");
The southerly portion of the South Grand Parking Lot encompassing
0.18 acres APN 390 38209 located on South Grand Street between
West Chapman Avenue and Almond Avenue (the "South Grand
Parking Lot South Property ");
The West Chapman Parking Lot encompassing 4.64 acres (APNs
386 - 451 -37 and 386 - 463 -16) located westerly of the Orange
Transportation Center between Palm and Chapman Avenues; (the
West Chapman Metrolink Parking Property");
The Lemon Street Parking Lot encompassing 1.74 acres (APNs
039 - 172 -19, 039 - 381 -20 and 039 - 381 -21) located northwesterly of
West Chapman Avenue and Lemon Street (the "Lemon Street
Metrolink Parking Property "); and
The South Olive Parking Lot encompassing 0.18 acres (APN 390 -663-
09 located on South Olive Street between West Chapman Avenue and
Almond Avenue which provides for public parking to support the City
of Orange Senior Center (the "South Olive Senior Center Parking
Property ")and
WHEREAS, pursuant to HSC Sections 34179(h) and 34181(f), the Oversight Board
Resolution only becomes effective after approval (or deemed approval) by the California
State Department of Finance (the "DOF "); and
WHEREAS, the DOF issued a letter on November 5, 2013, indicating that the DOF
has reviewed the Oversight Board Resolution and approved the provisions of the Oversight
Board Resolution directing the transfer of the Approved Properties; and
WHEREAS, the DOF's November 5, 2013 letter expressly states that the Successor
Agency may move forward with the transfer of the Approved Properties; and
WHEREAS, the Successor Agency plans to execute a quitclaim deed (the "Quitclaim
Deed ") to effect and evidence the transfer of the Approved to the City;
2
NOW, THEREFORE, the City Council of the City of Orange does hereby find,
determine, resolve, and order as follows:
Section 1. The above recitals are true and correct and are a substantive part of
this Resolution.
Section 2. The City accepts the conveyance of each of the Agency
Administration Building Property, the South Grand Parking Lot North Property, the South
Grand Parking Lot South Property, the West Chapman Metrolink Parking Property, Lemon
Street Metrolink Parking Property and the South Olive Senior Center Parking Property by the
Successor Agency. The Mayor (or, in the Mayor's absence, the Mayor Pro Tem) is hereby
authorized and directed to execute an appropriate certificate of acceptance with respect to the
Quitclaim Deed and cause the Quitclaim Deed, and the accompanying certificate of
acceptance, to be recorded in the Official Records of the Orange County Recorder's Office.
Section 3. The officers and staff of the City 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 and any such actions previously taken by such officers and staff are
hereby ratified and confirmed.
PASSED AND ADOPTED this l O day of December, 2013
e Smith, Mayor, City of Orange
ATTEST:
Mary E, urp , City Clerk, City o nge
K3
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly adopted by the City Council of
the City of Orange at a regular meeting thereof held on the 10` day of December, 2013, by
the following vote:
AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Bilodeau
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:Murphy
ABSTAIN:COUNCILMEMBERS:None
Ma hy, City C i f Orange
E