Res 17-078RESOLUTION NO. 17-078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA, AS SUCCESSOR AGENCY TO THE POWAY
REDEVELOPMENT AGENCY APPROVING, AND RECOMMENDING TO
ITS OVERSIGHT BOARD APPROVAL OF 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 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
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;
Resolution No. 17-078
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, 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 Governing 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 Successor Agency's Governing Board 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 Successor Agency's Governing Board hereby approves, and
recommends to its Oversight Board approval of, the sale of the Property from the
Successor Agency to the City in the sum of Five Million Three Hundred Sixty -Seven
Thousand Dollars ($5,367,000) pursuant to the Purchase and Sale Agreement presented
at this meeting.
Section 4: The Successor Agency Board hereby authorizes and directs, and
recommends to its Oversight Board that it authorize and direct, 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
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) administerthe Successor Agency's obligations, responsibilities, and
Resolution No. 17-078
Page 3
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 Successor Agency Board hereby authorizes and directs, and
recommends to its Oversight Board that it authorize and direct, 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 Successor Agency Board 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 Successor Agency of any constitutional, legal or equitable rights
that it 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 Successor Agency 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, ADOPTED AND APPROVED by the Governing Board of the Successor
Agency to the Poway Redevelopment Agency at a regular meeting this 5th day of
December 2017.
c�
'Steve Vaus, Chairperson
ATTEST:
Y�2�WV,
Na c e fel , Secretary
Resolution No. 17-078
Page 4
APPROVED AS TO FORM:
4-y
Morga6 F ey, uccsor Agency Counsel
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. 17-078 was duly adopted by the Successor Agency Governing Board at
a meeting of said Governing Board held on the 5th day of December 2017, and that it
was so adopted by the following vote:
AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Nan y *6feldl Secretary
Successor Agency to the Poway
Redevelopment Agency
Resolution No. 17-078
Page 5
Exhibit A
Vicinity Map
Town CenteriMain Street Parcels Map
Parcels 2 - B
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