HomeMy WebLinkAbout23265 RESOLUTION NO. 23265
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS
CAPACITY AS THE SUCCESSOR AGENCY TO THE PALM
SPRINGS COMMUNITY REDEVELOPMENT AGENCY,
APPROVING AN ASSET TRANSFER ASSESSMENT AND
ASSET TRANSFER QUESTIONNAIRE AND AUTHORIZING
ITS SUBMITTAL TO THE STATE CONTROLLER'S OFFICE,
AND RATIFYING AND CONFIRMING THE TRANSFER OF
CERTAIN REAL PROPERTY FOR CITY GOVERNMENTAL
PURPOSES TO THE CITY.
WHEREAS, in accordance with the provisions of the California Health and Safety
Code Section 34173, the City Council of the City of Palm Springs, a public body,
corporate and politic, has been designated and has accepted such designation of
Successor Agency ("Successor") to the Community Redevelopment Agency of the City
of Palm Springs to carry out the purposes of and exercise the powers granted to
Successor Agencies in accordance with Assembly Bill X1 26 (ABX1 26), Section 1.85 of
Division 24 of the Health and Safety Code (the "Dissolution Act"); and
WHEREAS, the Oversight Board, in accordance with the provisions of the
California Health and Safety Code Section 37179 (a), was formed to carry out the
purposes and exercise the powers granted to Oversight Boards in accordance with
Assembly Bill X1 26 (ABX1 26), Section 1.85 of Division 24 of the Health and Safety
Code; and
WHEREAS, on March 16, 2011, the Community Redevelopment Agency and the
City of Palm Springs approved the transfer of all known real property assets then owned
by the Agency to the City; and
WHEREAS, the Dissolution Act requires the preparation and submittal to the State
Controller's Office of an Asset Transfer Assessment prepared by the Successor Agency,
showing the assets that were owned by the Agency and transferred to the Successor
Agency upon the dissolution on February 1, 2012; and
WHEREAS, the State Controller ordered any transfers of properties undertaken
after January 1, 2011 to be "unwound" and the properties returned to the Successor
Agency; and
WHEREAS, it is the City's position and the Successor Agency's position that all of
the properties described above are in the possession of the City, not the Successor
Agency, because of the March 16, 2011 transfer; and
Resolution No. 23265
Page 2
WHEREAS, AB 1484 suspends the land disposition process described in the
Dissolution Act, and provides certain flexibility and local benefits in connection with
property disposition, including Section 34181(a), which allows the Oversight Board to
transfer governmental purpose property to the appropriate public entity; and
WHEREAS, in accordance with the provisions of the California Health and Safety
Code Section 37181, the Oversight Board may "direct the successor agency to transfer
ownership of those assets that were constructed and used for a governmental purpose,
such as roads, school buildings, parks, police and fire stations, libraries, and local agency
administrative buildings, to the appropriate public jurisdiction . . ." [California Health and
Safety Code Section 34181]; and
WHEREAS, AB 1484 also allows transfer of real property for a Successor Agency
that has received a Department of Finance ("DOF") Finding of Completion (Section
34191.3) and within six months after receipt of a Finding of Completion, has submitted a
long-range property management plan for the real property of the Dissolved RDA for
approval by the Oversight Board and the DOF (Section 34191.5(b)); such property
management plan must include an inventory (with specified information) about each
property, and address the use or disposition of each property (Section 34191.5(c)).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, ACTING
SOLELY IN ITS CAPACITY AS THE SUCCESSOR AGENCY OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, AS FOLLOWS:
SECTION 1. The City Council hereby ratifies and confirms the March 16, 2011
transfer of certain city governmental use properties to the City identified on Exhibit "A" to
this Resolution.
SECTION 2. The City Council hereby approves the Asset Transfer Assessment
and Asset Transfer Questionnaire and authorizes its submittal to the State Controller's
Office and other relevant agencies.
SECTION 3.The City Council directs the Clerk/Secretary to cause the
transmission of the Asset Transfer Assessment and Asset Transfer Questionnaire to the
State Controller's Office, and also post the forms on the City's website.
SECTION 4. In retaining the responsibilities of the Palm Springs Community
Redevelopment Agency as provided in California Health and Safety Code §§ 34173 and
34176, the City Council expressly determines, recognizes, reaffirms, and ratifies the
statutory limitation on the City and the City Council's liability in retaining the
responsibilities of the Palm Springs Community Redevelopment Agency under
AB 1X26. Nothing in this Resolution shall be construed as a commitment, obligation, or
debt of the City or any resources, funds, or assets of the City to fund the City's service as
the successor agency to the Palm Springs Community Redevelopment Agency as
provided in this Resolution.
Resolution No. 23265
Page 3
PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL, ACTING
SOLELY IN ITS CAPACITY AS THE SUCCESSOR AGENCY TO THE PALM SPRINGS
COMMUNITY REDEVELOPMENT AGENCY THIS 5TH DAY OF DECEMBER, 2012.
E
DAVID H. READ ANAGER
ATTEST:
ES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 23265 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 5th day of December, 2012,
by the following vote:
AYES: Councilmember Hutcheson, Councilmember Lewin, Councilmember Mills,
Mayor Pro Tem Foat, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ES THOMPSON, CITY CLERK
ity of Palm Springs, CaliforniaDz/,o/201,3
Resolution No. 23265
Page 4
EXHIBIT "A"
CITY GOVERNMENTAL USE PROPERTIES
Frances Stevens Park APN 505-325-003
Convention Center North Parking Lot APNs 508-023-012, 013, 014
Village Green APN 513-153-017
Sunrise Park APNs 502-200-001, 002
Palm Springs Visitor Center APN 504-040-001-8