Res 18-012RESOLUTION NO. 18-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY 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 DAVID AND KASEY BERGMAN
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 the property located at 13112 Vista View
Drive in the City of Poway, and shown in the attached Exhibit A — Vicinity Map (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, staff advertised the property for sale to 94 property owners within 500 feet of
the Property, and information was sent to local realtors, real estate companies, real estate trade
organizations, people on a City -maintained interest list, and information was placed on the City's
website, Zillow and Trulia, and to other interested parties;
WHEREAS, staff received nine bids for the property ranging from $10,000 to $155,555.55;
Resolution No. 18-012
Page 2
WHEREAS, the Successor Agency desires to sale the Property to David and Kasey
Bergman (the "Buyers") for a purchase price of $155,555.55 ("Purchase Price"), which represents
the highest bid received for the Property;
WHEREAS, public notice of the Successor Agency's proposed sale of the Property to the
Buyers was published in a newspaper of general circulation on March 22, 2018.
WHEREAS, the purchasing of properties by the Buyers 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 Buyers' 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 Buyers in the sum of One Hundred Fifty -Five Thousand Five Hundred Fifty -Five
Dollars and Fifty -Five Cents ($155,555.55) 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 Buyers, 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 Buyers.
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 Buyers and, after deducting such fees and
Resolution No. 18-012
Page 3
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 3rd day of April, 2018.
Steve aus, Chairman
ATTEST:
YIM�
9a'ncyAe6feId,1CWC, Secretary
Successor Agency to the
Poway Redevelopment Agency
Resolution No. 18-012
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. 18-012 was
duly adopted by the Successor Agency Governing Board at a meeting of said Governing Board
held on the 3rd day of April 2018, and that it was so adopted by the following vote:
AYES: CUNNINGHAM, GROSCH, LEONARD, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE `roe a�
Na y Ieuf I , CIVIC, Secretary
Successor Agency to the Poway
Redevelopment Agency
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