Res 17-079
RESOLUTION NO. 17-079
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 26X1, 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
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 "[p]ursuant 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 five (5) real property parcels
totaling approximately 3.39 acres and located south of Poway Road between Bowron
Road and Carriage Road in the City of Poway, and shown in the attached Exhibit “A”-
Vicinity Map (collectively the "Property"), and provides for distribution of the proceeds to
affected taxing agencies;
WHEREAS, one of the subject parcels of the Property located at 13033 Poway
Road is currently occupied and currently leased on a month-to-month basis with Desert
Oasis Industrial Lofts, LLC, a California limited liability company for the business Poway
Stoway dated as of May 1, 2009 ("Lease");
WHEREAS, the City of Poway desires to purchase the Property from the
Successor Agency for a purchase price of $5,367,000 ("Purchase Price"), which
represents the undiscounted fair market value of the Property;
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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;
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 November 23, 2017;
WHEREAS, the purchasing of properties by the City of Poway from the Successor
Agency (i.e. the former Poway Redevelopment Agency) is exempt from the California
Environmental Quality Act (CEQA), pursuant to section 15061(b)(3) of the CEQA
Guidelines, in that the sale of property between governmental agencies will not result in
an impact on the environment. Future actions regarding the properties will be subject to
further environmental assessment; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway,
California 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 (finding such objections to be
without merit) all such oral and written objections are hereby rejected.
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 Five Million Three
Hundred Sixty-Seven Thousand Dollars ($5,367,000) from the City’s reserves 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 City Manager
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Exhibit A