Res 18-001RESOLUTION NO. 18-001
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 LOCATED AT 13112
VISTA VIEW DRIVE TO 13811 POWAY, LLC 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 "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 one (1) real property parcel located at
13112 Vista View Drive, and shown in the attached Exhibit "A" — Vicinity Map (collectively the
"Property") and provides for distribution of the proceeds to affected taxing agencies;
WHEREAS, the subject parcel is currently occupied and leased on a month-to-month
basis by Poway Valley Community Garden, a California nonprofit company for the Community
Garden, dated as of May 24, 2005 ("Lease"), and as amended from time to time;
WHEREAS, the City of Poway desires to sell the Property to 13811 Poway, LLC (the
"Buyer"), for a purchase price of $100,000 ("Purchase Price"), which represents the undiscounted
fair market value of the Property,
WHEREAS, the City and the Buyer prepared a proposed Purchase and Sale Agreement
which provides for the sale of the Property to the Buyer for the Purchase Price and which provides
that the Buyer would take title to the Property subject to the Lease;
Resolution No. 18-001
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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 December 28, 2017;
WHEREAS, the sale of properties by 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 to a private
party 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 proposed purchase of the Property by the Buyer 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
Buyer in the sum of One Hundred Thousand Dollars ($100,000) 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
Buyer, 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 Buyer.
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.
Resolution No. 18-001
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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 9th day of January
2018.
Steve Vaus, Chairman
ATTEST:
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Nalftcy,gell5reld,fSe6retary
Successor Agency to the Poway
Redevelopment Agency
Resolution No. 18-001
Page 4
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. 18-001 was
duly adopted by the Successor Agency Governing Board at a meeting of said Governing Board
held on the 9th day of January 2018 and that it was so adopted by the following vote:
AYES: CUNNINGHAM, GROSCH, LEONARD, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
yao �
Nin y N ufe d, Secretary
Successor Agency to the Poway Redevelopment
Agency
Exhibit A
Vicinity Map
APN 323-261-31
Resolution No. 18-001
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