Res 16-041RESOLUTION NO. 16 -041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA APPROVING THE PURCHASE OF CERTAIN REAL
PROPERTY FROM THE SUCCESSOR AGENCY OF THE POWAY
REDEVELOPMENT AGENCY, 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 -041
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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 City Council of the
City of Poway, as follows:
Section 1. The foregoing recitals are true and correct and are a substantive part
of this Resolution.
Section 2. The City Council has received and heard all oral and written objections
to the City's proposed purchase of the Property from the Successor Agency, and to
other matters pertaining to this transaction, and all such oral and written objections are
hereby overruled.
Section 3. The City Council hereby approves the purchase of the Property from
the Successor Agency pursuant to the Purchase and Sale Agreement presented at this
meeting and the transfer of fee simple title by grant deed or other deed of the Property
from the Successor Agency to the City of Poway is hereby accepted.
Section 4. The City Council hereby appropriates the sum of Two Million One
Hundred Thousand Dollars ($2,100,000) for the purpose of paying the Purchase Price
for the Property.
Section 5. The City Council hereby authorizes and directs the City Manager or
designee to, (i) take all actions, including payment of the Purchase Price, and to
execute any and all documents, instruments, and agreements necessary or desirable
on behalf of the City, as approved by the City Manager and the City's legal counsel,
including, without limitation, a grant deed, to implement and effectuate the purchase of
the Property from the Successor Agency, 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
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City Manager or designee and approved by the City's legal counsel, and (ii) administer
the City's obligations, responsibilities, and duties to be performed pursuant to this
Resolution and all documents, instruments, and agreements required by and for the
purchase of the Property from the Successor Agency.
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 City Council 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 City of any constitutional, legal or equitable rights that the City
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 City 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 City Council of the City of Poway
at its meeting held on the 19th day of July, 2016.
Steve Vaus, Mayor
ATTEST:
Nancy N fel , CKAC, City Clerk
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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 -041 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
Nancy N16uf6ld, WC, City Clerk
City of Poway
Resolution No. 16 -041
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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