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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 2 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 3 Resolution No 09-011 Page 4 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 4