OSB 16-003 RESOLUTION NO. OSB 16-003
A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR
AGENCY TO THE POWAY REDEVELOPMENT AGENCY APPROVING
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 26X, as amended by AB 1484, 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;
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");
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";
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;
WHEREAS, on December 2, 2015, DOF approved the LRPMP prepared by the
Successor Agency and approved by its Oversight Board;
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";
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;
WHEREAS, designated parking spaces located on the Property are currently
leased to the Poway Auto Dealers Association ("Lease");
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;
Resolution No. OSB 16-003
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;
WHEREAS, on July 19, 2016, at a duly noticed joint public meeting of the Board
of the Successor Agency and the City Council of the City, the Successor Agency and the
City each considered and approved actions implementing the Successor Agency's sale
of the Property to the City. No objections were submitted to either the Successor Agency
or the City in connection with their respective proposed actions, and all such actions
proposed to the Successor Agency and the City were duly approved at said public
meeting;
WHEREAS, public notice of the Oversight Board's consideration of the Successor
Agency's proposed sale of the Property to the City was published in a newspaper of
general circulation on July 7, 2016, and July 14, 2016, pursuant to Health and Safety
Code section 34181(f); and
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 Oversight 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 Oversight 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 Oversight Board hereby approves the sale of the Property to the
City pursuant to the Purchase and Sale Agreement presented at this meeting.
SECTION 4. The Oversight Board hereby authorizes and directs 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
Resolution No. OSB 16-003
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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.
SECTION 5. The Oversight Board hereby authorizes and directs 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 Oversight Board declares that it would have adopted this Resolution
irrespective of the invalidity of any particular portion of this Resolution.
SECTION 7. This Resolution shall take effect upon the date of its adoption.
PASSED, ADOPTED and APPROVED by the Oversight Board of the
Successor Agency to the Poway Redevelopment Agency at a Special Meeting this 21st
Day of September 2016.
/ t /
Lois Fong-Saki, Chair
ATTEST:
Nancyuf-Id, MC, Secretary
Successor Agency to the Poway
Redevelopment Agency
Resolution No. OSB 16-003
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STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, Secretary of the Successor Agency to the Poway
Redevelopment Agency, do hereby certify under penalty of perjury that the foregoing
Resolution No. OSB 16-003 was duly adopted by the Oversight Board to the Successor
Agency of the Poway Redevelopment Agency at a meeting of said Board held on the 21st
day of September 2016, and that it was so adopted by the following vote:
AYES: FONG-SAKAI, SCOTT, LYON, CONIGLIO, AZIMZADEH, HERNDON
NOES: NONE
ABSENT: BIERNE
DISQUALIFIED: NONE
Na cy� f AMC, Secretary
Successor Agency to the Poway
Redevelopment Agency
APPROVED AS TO FORM:
I, ,ajih
Morga Fol-y, Succes or Agency Counsel
Resolution No. OSB 16-003
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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