Res 09-011
RESOLUTION NO 09-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA, APPROVING ACCEPTANCE OF SPECIFIED
PROPERTIES FROM THE POWAY REDEVELOPMENT AGENCY FOR
USE AND OPERATION OF PUBLIC FACILITIES OF BENEFIT TO THE
PAGUA Y REDEVELOPMENT PROJECT AREA
WHEREAS, pursuant to the California Community Redevelopment Law (Health
and Safety Code Section 33000 et seq., the "Redevelopment Law"), the City Council
(the "City Council") of the City of Poway (the "City") has adopted, and the Poway
Redevelopment Agency (the "Agency") is responsible for implementing the Amended
and Restated Redevelopment Plan for the Paguay Redevelopment Project Area (the
"Project Area") adopted by the City Council by Ordinance No 117 on January 12, 1984,
as amended by Ordinance No 414 on July 14, 1993, as amended by Ordinance No
439 on January 13, 1995,as amended by Ordinance No 593 on January 1, 2004, as
amended by Ordinance No 605 on September 16, 2004, as amended by Ordinance
No 611 on November 25, 2004, as amended by Ordinance No 641 on August 17,
2006, and as further amended by Ordinance No 657 on July 12, 2007 (as amended
from time to time, the "Redevelopment Plan"); and
WHEREAS, the Poway Redevelopment Agency (the "Agency") is vested with
responsibility pursuant to the Redevelopment Law to implement the Redevelopment
Plan in and for the benefit of the Project Area, and
WHEREAS, pursuant to Section 33220 of the Redevelopment Law, the City is
authorized to acquire and develop public improvements consisting of recreational,
street, and other community facilities to benefit the redevelopment of the Project Area,
and
WHEREAS, pursuant to Section 33445 of the Law, the Agency has paid the
purchase price for, acquired, and funded the costs of development of those certain
properties within the Project Area (collectively, the "Properties"), more specifically
identified and described in the attached Exhibit A (which is hereby incorporated in this
Resolution by this reference), upon which there have been constructed and developed
various public improvements as further described in Exhibit A, and
WHEREAS, at the time of acquisition of the Properties it was, and it now
remains, the intention of the City and the Agency that, following completion of the public
improvements on the Properties, the Agency would convey the Properties without cost
to the City so that the City could own and continue to operate the public improvements
on the Properties without cost to the Agency and for the benefit of the Project Area and
the Poway community; and
WHEREAS, such conveyance of the Properties by the Agency to the City is
consistent with the Redevelopment Law in that the Redevelopment Law does not
Resolution No 09-011
Page 2
authorize or intend for the Agency to be the long-term, permanent owner of properties in
the Project Area, and
WHEREAS, as of the proposed conveyance of the Properties by the Agency to
the City, the public improvement of the Properties has been completed consistent with
the Redevelopment Plan, and the City is willing and able to continue to operate the
completed public improvements as City-owned improvements, and
WHEREAS, to effectuate the transfer of the Properties by the Agency to the City
as contemplated by this Resolution, the Agency and the City have prepared a Property
Conveyance Agreement (the "Agreement") in a form on file with the City Clerk and
Agency Secretary; and
WHEREAS, because the conveyance of the Properties by the Agency to the City
pursuant to the Agreement pertains to the continued operation of existing public
improvements without change or expansion of use beyond that already being conducted
by the Agency and the City on the Properties, such conveyance and the execution and
implementation of the Agreement are categorically exempt from the requirements of the
California Environmental Quality Act ("CEQA") pursuant to 14 California Code of
Regulations Section 15301, and
NOW, THEREFORE, BE IT RESOLVED, the City Council, acting as the planning
agency for the City, hereby finds, in accordance with Government Code Section 65402,
that the acquisition of the Properties by the City and construction of the completed
public improvements on the Properties conforms to the City's General Plan.
BE IT FURTHER RESOLVED, that the City hereby approves the conveyance of
the Properties by the Agency to the City, and authorizes the City to accept such
conveyance This Resolution constitutes the resolution of acceptance by the City of the
conveyance of the Properties for the purposes of Government Code Section 27281
BE IT FURTHER RESOLVED, that the City Council hereby approves the
Agreement and authorizes the City Manager or the City Manager's designee to execute
the Agreement on behalf of the City, substantially in the form on file with the City Clerk
and the Agency Secretary and with such revisions as the City Manager or the City
Manager's designee deems appropriate to implement the intent of this Resolution.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City
Manager or the City Manager's designee to execute such other documents and take
such other actions on behalf of the City as may be required to implement (he
conveyance of the Properties by the Agency to the City in accordance with the
Agreement.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City
Manager or the City Manager's designee to file a Notice of Exemption in accordance
with CEQA in connection with the transactions contemplated by this Resolution
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Resolution No. 09-011
Page 3
BE IT FURTHER RESOLVED, this Resolution shall lake immediate effect from
and after its passage and approval.
PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway
at a regular meeting thereof this 17th day of March 2009
W~~
Don Higginson, Deputy Mayor
ATTEST
~.
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No 09-011 was dully adopted by the
City Council at a meeting of said City Council held on the 17th day of March 2009, and
that it was so adopted by the following vote.
AYES BOYACK, CUNNINGHAM, HIGGINSON, REXFORD
NOES NONE
ABSENT CAFAGNA
DISQUALIFIED' NONE
--
d A. Troyan, MMC, C:ty Clerk
Ci of Poway
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Resolution No 09-011
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EXHIBIT A
PROPERTIES TO BE CONVEYED
BY AGENCY TO CITY
APN Street Address Description of Use
27382024 16899 Saint Andrews Dr Valle Verde Public Park
27382025 16899 Saint Andrews Dr Valle Verde Public Park
Parking lot for Poway Center for
27845031 Titan Way and Riparian Road the Performinq Arts
Parking lot for Poway Center for
27845035 Titan Way and Riparian Road the Performinq Arts
31418220 13554 Aubrey Street Aubrey Public Park
31418224 14303 Sycamore Avenue Aubrey Public Park
31418233 14306 Sycamore Avenue Aubrey Public Park
31418234 13536 Aubrey Street Aubrey Public Park
31418235 14302 Sycamore Ave Aubrey Public Park
31418244 14231 Sycamore Avenue Aubrey Public Park
31418246 14225 Sycamore Avenue Aubrey Public Park
31418250 14303 Sycamore Avenue Aubrey Public Park
31418251 14303 Sycamore Avenue Aubrey Public Park
31418260 14210 Midland Road Public Works Storage Facility
31423026 13424 Scots Way Public Right-of-Way
31724213 Pomerado Road Riparian Habitat - Open Space
Kumeyaay Interpretive Center -
31749086 13104 Carriaqe Road Open Space
32001120 Scripps Poway Parkway Public Right-of-Way
32001121 Scripps Poway Parkway Public Right-of-Way
32001125 Scripps Poway Parkway Public Right-of-Way
32103071 High Valley Rd/Espola Road Public Right-of-Way
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