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Res 16-040RESOLUTION NO. 16 -040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY AS SUCCESSOR AGENCY TO THE POWAY REDEVELOPMENT AGENCY APPROVING, AND RECOMMENDING TO ITS OVERSIGHT BOARD APPROVAL OF, THE SALE OF CERTAIN REAL PROPERTY TO THE CITY OF POWAY PURSUANT TO THE LONG RANGE PROPERTY MANAGEMENT PLAN, AND RELATED ACTIONS WHEREAS, Assembly Bill x1 26, as amended by AB 1484, AB 1585, SB 341, SB 107, and other statutes, together, being referenced below as the "Dissolution Act" dissolved redevelopment agencies and required successor agencies to wind down redevelopment agencies' affairs; and WHEREAS, pursuant to the Dissolution Act, all real property owned by the dissolved Poway Redevelopment Agency has been transferred to the control of the Successor Agency to the Poway Redevelopment Agency ( "Successor Agency "); and WHEREAS, Health and Safety Code Section 34191.5(b) requires the Successor Agency to prepare a long -range property management plan ( "LRPMP ") that addresses the disposition and use of the real properties of the former Poway Redevelopment Agency within six months of receiving a "finding of completion "; and WHEREAS, Health and Safety Code Section 34191.5(b) also requires the Successor Agency to submit the LRPMP to its Oversight Board and the California Department of Finance ( "DOF ") for approval; and WHEREAS, on December 2, 2015, DOF approved the LRPMP prepared by the Successor Agency and approved by its Oversight Board; and WHEREAS, DOF's letter approving the LRPMP provides that "pursuant to HSC section 34191.3(a) the approved LRPMP shall govern, and supersede all other provisions relating to, the disposition and use of all the real property assets of the former redevelopment agency "; and WHEREAS, the LRPMP provides for the sale of certain real property located at 13875 Kirkham Way in the City of Poway, and described in the attached Exhibit A ( "Property ") and provides for distribution of the proceeds to affected taxing agencies; and WHEREAS, designated parking spaces located on the Property are currently leased to the Poway Auto Dealers Association ( "Lease "); and WHEREAS, the City of Poway desires to purchase the Property from the Successor Agency for a purchase price of $2,100,000 ( "Purchase Price "), which represents the undiscounted fair market value of the Property; and Resolution No. 16 -040 Page 2 WHEREAS, the City and the Successor Agency have prepared a proposed Purchase and Sale Agreement which provides for the sale of the Property to the City for the Purchase Price and which provides that the City would take title to the Property subject to the Lease; and WHEREAS, public notice of the Successor Agency's proposed sale of the Property to the City was published in a newspaper of general circulation on June 30, 2016, July 7, 2016, and July 14, 2016. WHEREAS, the transfer of the Property is not a "Project" under section 15378 of the California Environmental Quality Act ( "CEQA ") Guidelines because the proposed action consists of administrative activity that will not result in direct or indirect physical changes to the environment and, as such, pursuant to section 15061(b)(3) of the CEQA Guidelines is not subject to CEQA. WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Governing Board of the Successor Agency to the Poway Redevelopment Agency, as follows: Section 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. Section 2. The Successor Agency's Governing Board has received and heard all oral and written objections to the Successor Agency's proposed sale of the Property to the City, and to other matters pertaining to this transaction, and all such oral and written objections are hereby overruled. Section 3. The Successor Agency hereby approves, and recommends to its Oversight Board approval of, the sale of the Property from the Successor Agency to the City pursuant to the Purchase and Sale Agreement presented at this meeting. Section 4. The Successor Agency Board hereby authorizes and directs, and recommends to its Oversight Board that it authorize and direct, the Executive Director of the Successor Agency or designee to, (i) take all actions and to execute any and all documents, instruments, and agreements necessary or desirable on behalf of the Successor Agency, as approved by the Executive Director and Successor Agency legal counsel, including, without limitation, a grant deed, to implement and effectuate the sale of the Property from the Successor Agency to the City, and to effectuate all other actions approved by this Resolution, including, without limitation, approving changes, implementations, or revisions to documents, instruments, and agreements as determined necessary by the Executive Director or designee and approved by Successor Agency legal counsel, and (ii) administer the Successor Agency's obligations, responsibilities, and duties to be performed pursuant to this Resolution and all documents, instruments, and agreements required by and for the sale of the Property from the Successor Agency to the City. Resolution No. 16 -040 Page 3 Section 5. The Successor Agency Board hereby authorizes and directs, and recommends to its Oversight Board that it authorize and direct, the Executive Director of the Successor Agency or designee to pay all necessary costs, fees and charges incurred in implementing the transfer of the Property to the City and, after deducting such fees and charges from the Purchase Price, to transmit the net proceeds to the San Diego County Auditor - Controller for distribution to the affected taxing agencies. Section 6. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, then such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Successor Agency Board declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution., Section 7. The adoption of this Resolution is not intended to and shall not constitute a waiver by the Successor Agency of any constitutional, legal or equitable rights that the Successor Agency may have to challenge, through any administrative or judicial proceedings, the effectiveness and /or legality of all or any portion of the Dissolution Act, any determinations rendered or actions or omissions to act by any public agency or government entity or division in the implementation of the Dissolution Act, and any and all related legal and factual issues, and the Successor Agency expressly reserves any and all rights, privileges, and defenses available under law and equity. Section 8. This Resolution shall take effect upon the date of its adoption. PASSED, APPROVED AND ADOPTED, by the Governing Board of the Successor Agency to the Poway Redevelopment Agency at its meeting held on the 19th day of July 2016. Steve Vaus, Chairperson ATTEST: ,--; laweac—� Nancy N46fel6, C, Secretary Resolution No. 16 -040 Page 4 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Nancy Neufeld, CIVIC, City Clerk, of the City of Poway, do hereby certify, under penalty of perjury, that the foregoing Resolution No. 16 -040 was adopted by the City Council at a meeting held on July 19, 2016 and that it was so adopted by the following vote: AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE L�� z�z Nancy euf Id, CMC, Secretary City of Poway Resolution No. 16-40 Page 5 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LOT 2 OF CITY OF POWAY TRACT NO. 00 -01, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS PER MAP THEREOF NO. 14230, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 19, 2001 APN: 323 - 501 -02