Res 18-014RESOLUTION NO. 18-014
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE POWAY REDEVELOPMENT
AGENCY APPROVING AND RECOMMENDING TO ITS
OVERSIGHT BOARD APPROVAL OF THE SALE OF CERTAIN
REAL PROPERTY LOCATED AT 14082 STOWE DRIVE TO MOHAN
PATEL AND ANIL PATEL 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 the property located at 14082 Stowe 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, on February 12, 2018, staff began advertising the Property for sale to
adjacent property owners, local and national commercial realtors, local and regional real estate
companies, real estate trade organizations, people on the City -maintained interest list, and
information was placed on the City's website and commercial real estate websites OpSites,
CoStar and LoopNet;
WHEREAS, staff received one bid for the property in the amount of $501,000 from Mohan
Patel and Anil Patel (the "Buyers");
WHEREAS, the Successor Agency desires to sell the Property to the Buyers for a
purchase price of $501,000 ("Purchase Price"), which represents the highest offer received for
the property;
Resolution No. 18-014
Page 2
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
governmental property 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 Five Hundred One Thousand Dollars ($501,000) 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 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
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
Resolution No. 18-014
Page 3
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: The sale of the Property by the Successor Agency to Poway Hospitality,
LLC is exempt from the California Environmental Quality Act (CEQA), pursuant to 15061(b)(3) of
the CEQA Guidelines, in that the sale of governmental property will not result in an impact on the
environment. Future actions regarding the properties will be subject to further environmental
assessment.
Section 9: 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 Vaus, Chairman
ATTEST:
yoo"4o
Nan'6y Wufeld, CIVIC, ecretary
Successor Agency to the
Poway Redevelopment Agency
Resolution No. 18-014
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. 18-014 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
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NancyAleu eld Secretary
Successor Agency to the
Poway Redevelopment Agency
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