Reso 18-004RESOLUTION NO. OSB 18-004
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE POWAY REDEVELOPMENT
AGENCY APPROVING THE SALE OF CERTAIN REAL PROPERTY
LOCATED AT 12430 POWAY ROAD TO POWAY HOSPITALITY, 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 (the "Successor Agency");
WHEREAS, Health and Safety Code section 34191.5(b) requires the Successor Agency to
prepare a long-range property management plan (the "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 (the
"DOF") for approval;
WHEREAS, on December 2, 2015, DOF approved the LRPMP prepared by the Successor
Agency and approved by the Oversight Board to the Successor Agency to the Poway
Redevelopment Agency (the "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 12430 Poway Road
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 Property is currently subject to a Temporary Use Permit with Poway
Hospitality, LLC, a California limited liability company for use for parking and landscaping for the
Ramada Inn, dated as of April 1, 2008 (the "TUP");
WHEREAS, the TUP may be terminated by either party with a fifteen -day written notice;
WHEREAS, in February 2018, staff began advertising the Property to adjacent property
owners, local 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 LoopNet, CoStar and OpSites;
WHEREAS, staff received two bids for the Property ranging from $5,000 to $25,000;
Resolution No. OSB 18-004
Page 2
WHEREAS, the Successor Agency desires to sell the Property to Poway Hospitality, LLC
(the "Buyer") for $25,000 ("Purchase Price"), which represents the highest offer received for the
Property,
WHEREAS, the Successor Agency 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 take title to the Property subject to the TUP;
WHEREAS, on April 3, 2018, the Successor Agency adopted a resolution recommending
approval to the Oversight Board of a Purchase and Sale Agreement for the sale of the Property to
the Buyer pursuant to the Long -Range Property Management Plan, and related actions;
WHEREAS, public notice of the Oversight Board's proposed approval of the sale of the
Property to the Buyer was published in a newspaper of general circulation on April 12, 2018;
WHEREAS, the sale of properties by the Successor 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 Property 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 Oversight Board hereby approves the sale of the Property from the Successor
Agency to the Buyer in the sum of Twenty -Five Thousand Dollars ($25,000) pursuant to the
Purchase and Sale Agreement presented at this meeting.
Section 3: 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 Oversight Board declares that
it would have adopted this Resolution irrespective of the invalidity of any particular portion of this
Resolution.
Section 4: This Resolution shall take effect upon the date of its adoption.
Resolution No. OSB 18-004
Page 3
PASSED, ADOPTED AND APPROVED by the Oversight Board to the Successor Agency
of the Poway Redevelopment Agency at a regular meeting this 23rd day of April 2018.
Lois Fong Sakai, 0
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ATTEST:
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STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, Secretary of the Oversight Board to the Successor Agency to the
Redevelopment Agency, do hereby certify, under penalty of perjury, that the foregoing
Resolution No. OSB 18-004 was duly adopted by the Oversight Board to the Successor Agency
of the Poway Redevelopment Agency at a meeting of said Board held on the 23rd day of April
2018, and that it was so adopted by the following vote:
AYES: FONG-SAKAI, HERNDON, LYON, CONIGLIO
NOES: NONE
ABSENT: LITTLE, SCOTT
DISQUALIFIED: NONE
y'W_;4Az
anc N ufe d, Secretary
Oversight Board to the Successor Agency
of the Poway Redevelopment Agency
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