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OSB 15-005RESOLUTION NO. OSB 15 -005 A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE POWAY REDEVELOPMENT AGENCY DIRECTING THE TRANSFER OF OWNERSHIP OF PROPERTY IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 34181(a) WHEREAS, on December 29, 2011, the California Supreme Court delivered its decision in California Redevelopment Association v. Matosantos, upholding ABx1 26 (the "Dissolution Act "); and WHEREAS, under the Dissolution Act, all California redevelopment agencies, including the Poway Redevelopment Agency (the "Former Agency "), were dissolved on February 1, 2012; and WHEREAS, the Dissolution Act was amended when the Governor signed Assembly Bill 1484 on June 27, 2012; and WHEREAS, the Dissolution Act was further amended when the Governor signed Senate Bill 107 on September 22, 2015; and WHEREAS, on January 17, 2012 the City Council of the City of Poway elected for the City to be the Successor Agency of the Poway Redevelopment Agency (the "Successor Agency "), which is a legal entity that exists separate and independent of the City of Poway; and WHEREAS, under the Dissolution Act, each Successor Agency shall establish an oversight board having the duties and responsibilities set forth in Health and Safety Code Sections 34179 through 34181; and WHEREAS, the Oversight Board to the Successor Agency of the Poway Redevelopment Agency (the "Oversight Board ") has been duly established; and WHEREAS, pursuant to Health and Safety Code Section 34181(a), the Oversight Board may direct the Successor Agency to transfer ownership of any assets that were constructed and used for a governmental purpose to the appropriate public jurisdiction; and WHEREAS, certain assets located within the City, described on the attached Exhibit A and depicted on the attached Exhibit B, were constructed and used for a governmental purpose (the "Governmental Use Properties "); and Resolution No. OSB 15 -005 Page 2 WHEREAS, the Governmental Use Properties consist of (1) Fire Station #3, (2) Veterans Park, (3) floodway management and open space properties located within the 100 -year floodway of Rattlesnake Creek, (4) public parking lots for Old Poway Park and community events, (5) public parking lot for Civic Center, (6) floodway management, wetland mitigation, and passive recreation, located within the 100 -year floodway of Beeler Creek, (7) floodway management, passive recreation, and historic preservation of Big Stone Lodge, located within the 100 -year floodway of Beeler Creek, and (8) floodway management and emergency access to /from Scripps -Poway Parkway; and WHEREAS, there are no existing agreements between the Former Agency and City regarding the Governmental Use Properties; and WHEREAS, the Governmental Use Properties are being used by the City to provide public services and benefits and have no value to another entity, due to their physical characteristics, locations, and /or land use restrictions; and WHEREAS, the parking lots included in the Governmental Use Properties are eligible for transfer under Senate Bill 107 because they are dedicated solely to public parking and do not produce revenue that exceeds their reasonable maintenance costs; and WHEREAS, pursuant to Section 15301 of the State CEQA Guidelines, the transfer of the Governmental Use Properties is exempt from environmental review under CEQA because the transfer will result in a continuation of an existing facility involving no expansion of use and is therefore exempt from environmental review; and WHEREAS, in accordance with Health and Safety Code Section 34181(a), the Oversight Board desires to direct the Successor Agency to transfer ownership of the Governmental Use Properties to the City as the appropriate public agency. NOW, THEREFORE, BE IT RESOLVED that the Oversight Board to the Successor Agency of the Poway Redevelopment Agency hereby finds, resolves, and determines as follows: SECTION 1. The foregoing recitals are true and correct. SECTION 2. The City is the appropriate public jurisdiction to assume ownership of the Governmental Use Properties. SECTION 3. A duly noticed public meeting having been held in conformance with Health and Safety Code section 34181, the Oversight Board hereby directs the Successor Agency to transfer ownership of the Governmental Use Properties to the City as the appropriate public agency. Resolution No. OSB 15 -005 Page 3 SECTION 4. The Oversight Board hereby authorizes and directs the Executive Director of the Successor Agency or his or her designee to take any and all actions and execute any and all documents necessary to effectuate and finalize the transfer of ownership of the Governmental Use Properties from the Successor Agency to the City (including, without limitation, executing grant deeds and quitclaim deeds), and administering the Successor Agency's obligations, responsibilities and duties to be performed pursuant to this Resolution. PASSED, ADOPTED and APPROVED by the Oversight Board to the Successor Agency of the Poway Redevelopment Agency at a special meeting this 9th day of November 2015. Lois" • • i • ATTEST: , 1�+ OX70a I Nl-�-L Sheila . Cobian, CMC, Secretary Resolution No. OSB 15 -005 Page 4 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO) I, Sheila R. Cobian, CIVIC, Secretary to the Successor Agency of the Poway Redevelopment Agency, do hereby certify under penalty of perjury that the foregoing Resolution No. OSB -15 -005 was duly adopted by the Oversight Board to the Successor Agency of the Poway Redevelopment Agency at a special meeting of said Oversight Board held on the 9th day of November 2015, and that it was so adopted by the following vote: AYES: FONG- SAKAI, LYON, CONIGLIO, BEIRNE, THOLANDI, HERNDON NOES: SCOTT ABSENT: NONE DISQUALIFIED: NONE I a�'o S _f� � C on, " Sheila R. obian, CIVIC, Secretary Resolution No. OSB 15 -005 Page 5 EXHIBIT A LIST OF GOVERNMENTAL USE PROPERTIES Map Assessor's Parcel Number # Address Governmental Use 314 - 040 -025 48 14322 Pomerado Road Fire Station #3 Northeast corner of Midland Road & 314 - 193 -50 49 Adrian Street Veterans Park Floodway management and 314 - 201 -03 11 14124 York Avenue open space Floodway management and 314 - 201 -04 12 West side of York Avenue open space Floodway management and 314 - 201 -19 13 14146 Sycamore Avenue open space Floodway management and 314 - 201 -20 14 14134 Sycamore Avenue open space Floodway management and 314 - 201 -29 15 14152 Sycamore Avenue open space Floodway management and 314 - 201 -30 16 Adjacent to 14134 Sycamore Avenue open space Floodway management and 314 - 201 -35 17 York Avenue alignment open space 314 - 212 -02, 314 - 212 -03, 314 - 212 -04, 314 - 212 -05, 35, 36, Public parking for Old Poway 314 - 212 -06 37, 38, 42 West side of Midland Road Park and community events Floodway management and 314 - 214 -05 18 14056 York Avenue open space Floodway management and 314 - 214 -08 19 14055 York Avenue open space Floodway management and 314 - 214 -09, 314 - 214 -10 20,21 14049 York Avenue open space Floodway management and 314-214-20,314-214-38 22,27 14038 York Avenue open space 314 - 214 -29, 314 - 214 -30, 23, 24, Floodway management and 314 - 214 -31, 314 - 214 -32 25,26 Community Road open space Brighton Avenue between Temple and Public parking for Old Poway 314 - 220 -02, 314 - 220 -03 43,44 Adrian Streets (east of Midland Road) Park and community events 314 - 220 -33, 314 - 220 -34, Public parking for Old Poway 314 - 220 -35 39, 40, 41 East side of Midland Road Park and community events 317 - 101 -06 1 13100 Poway Road Public parking for Civic Center Floodway management, passive recreation use, and historic preservation of Big 317 - 232 -22, 317 - 232 -36 46,47 12237 Old Pomerado Road Stone Lodge Floodway management, 317 - 232 -39, 317 - 232 -40, 28, 29, wetland mitigation, passive 317 - 232 -41, 317 - 232 -42 30,31 Old Pomerado Road recreation use Floodway management and emergency access to /from 317 - 251 -31 32 11907 Old Pomerado Road Scripps -Poway Parkway Exhibit B LRPMP Government Use Parcels Resolution No. OSB 15 -005 Page 6 Permissible Use: Governmental Use AM.0 vA ..... Aq . n Arvw T N AMnw n AY 1r. . . r• A.r•w.`. nr. -..rN Ir..l .. 11•.1. 11� ��wrH.n .. rrr.lw�+•. earn - i Yr4rtl ., w. M.Mn1 HI rMn, iel r4rtl n, r4n1 Ht :• I.mq. • A.M.'•r.•. rr Hrf N A 1.4.800 1 in = 400 ft this map tspnnAded wlhout warranty of any kind. either cxpt - i SS a mplk d. 4-C Wing but nce Ilmlle i to. the implied werranlies of merchantability and fitness for a particular purpo�, and may not reflect the most recent changes to Nnduse and zoning d"gnahons This map has been prepared lot descrtpme exposes only and its accuracy canna be"ratwed. Last r e0sed 111272015. LRPMP ove nment Use Parcels 28 30 Ir V V t�i ` `^ ��1—�� Resolution No. OSB15-005 Page Permissible Use: Govenrimental Use OW" iry i re'; k�k x � �� 1:4.800 1m~wmn this map ispto%40ed without wananty of any kind. either %effarvies of mefcharviablitly and fitness for aparkutar purpose. and may not reflect the most fecent changes to b aduse and zoning designations. This map has been LRPMP Government Use Parcels i' Resolution No. OSB 15 -005 Page 8 Permissible Use: Govemmental Use * { .;,• +tr— y tf PAPAGO DR ��• � � }RIo tin - '°�� =�� / / .;�� ®`•J�,�" �ft � � ,� �.' 7AWAN 'r. NANESiADR YEVJ OR N O <. it _ r a_ c. i v4;,;, y3� - `r �•ry~'a �.rM �,3f( °mow' • p�:-,; f4 ° �� s 49e1 i ja I Vie. it I K rte` "rte i. r�C•- j� - yI, ILENESt -: ltt'^''• °¢:«R .' v, - �15i[clYlezcENZ�� ' �- — 1 Ir f ' �& "a BUCKLEY.' S * # •r' CREEKSIDEI�L�`�, Fd 4 ra 1 A� — ; � � Ap' ,. �� ; r: �' 1>]rZ'_T _v � £"_ '.,w# �- �! .� sf •� Ski �., RIM f�mj l,Yp!' �.rL Y��Gr a 9 , � A ' " 1:4,800 1 in = 400 ft H Aw- • ,. wo .,r Arru • - u.a ��.n Ihis map Isprodded wlhom wananry of any kind. either express cr Implied. fn_l ditg but Iqt rim kxlto.lte implied Mertanlies of merdmntahihiy and htne5s lot a partICUlar • purpose, and may not reflect the most recent changes to • ..�"""'•" ♦ H•M r.r+r 4- f .. ... - �.. •. •'.•: Y•b•n a -wf•" �' h nduse and zoning d", nations. this map has been ,. prepared lot descriptNe put poses only and Its accuracy Canna Ge9mrarzeed. LA9 revised 111212015. LRPMP Government Use Parcels Resolution No. OSB 15-005 Page 9 Permissible Use: Governmental Use IMF-; LEONE WAY • le. q it _71- 1:4,800 —±{ WIVA_NW Irv. ut is e)qxess orin"ed. rKk4n but not knifed to, the impbed wArwift of merawmaboty old fM*sS toe a pstwular purpose, WW may not reftet the moo recent Ch"M 10 linduse, &W z*vV designations , This map has been TM - CL QWWWX be 7JIVISMSed. L" revised 1102015, 0 *6 vf 0 Resolution No. OSB 15-005 Page 9 Permissible Use: Governmental Use IMF-; LEONE WAY • le. q it _71- 1:4,800 1 in = 400 ft Irv. ut is 48 9. AL: _U j > L All < J L 0 0. It JIM 1:4,800 1 in = 400 ft This MOP asproodW WIhOIA WWT" Of any WM, 04her e)qxess orin"ed. rKk4n but not knifed to, the impbed wArwift of merawmaboty old fM*sS toe a pstwular purpose, WW may not reftet the moo recent Ch"M 10 linduse, &W z*vV designations , This map has been prepared for descVhie purposes orgy sW its accuracy QWWWX be 7JIVISMSed. L" revised 1102015,