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
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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:
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Nancy N46fel6, C, Secretary
Resolution No. 16 -040
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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
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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