Res 11-011RESOLUTION NO. 11- o11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY CALIFORNIA APPROVING CERTAIN ACTIONS
RELATED TO THE TRANSFER OF ASSETS AND OBLIGATIONS
OF THE POWAY REDEVELOPMENT AGENCY TO THE CITY OF
POWAY TO MEET EXISTING OBLIGATIONS SET FORTH IN
CERTAIN AGREEMENTS WITH THE POWAY
REDEVELOPMENT AGENCY AND TO ACCOMPLISH OTHER
IMPORTANT PUBLIC PURPOSES
WHEREAS, the City of Poway (the "City ") and the Poway Redevelopment
Agency (the "Agency') previously entered into that certain Amended and
Restated Cooperation and Repayment Agreement Redevelopment Agency of the
City of Poway dated January 18, 2011 (the "Previous Agreement'), which
agreement restated in its entirety the Cooperation Agreement between the City
and the Agency dated September 27, 1983 and are entering into an Amended
and Restated Cooperation Agreement dated March 11, 2011 (the "Cooperation
Agreement') to provide for implementation of certain projects set forth in the
Schedule of Projects attached thereto as Exhibit 1 (the "Projects "), and to make
payments by the Agency to the City in accordance with the Payment Schedule
attached thereto as Exhibit 2 and as otherwise necessary to pay the City for the
cost to the City of performing its obligations thereunder, subject to all of the terms
and conditions of the Cooperation Agreement, and as authorized by
redevelopment law in effect at the time of approval of said agreement; and
WHEREAS, the City Council of the City of Poway (the "City Council ")
hereby finds it necessary and appropriate to accept a transfer of the assets of the
Agency described below to the City at this time to allow the City to appropriately
complete redevelopment projects and other related activities as set forth in above
said agreements; and
WHEREAS, the transfer of the assets of the Agency is consistent with
applicable redevelopment law which allows for the Agency to carry out the
Redevelopment Project, to pay previously incurred indebtedness, to comply with
Section 33333.8 of the California Health and Safety Code (for provision of
affordable housing) and to enforce existing covenants, contracts or other
obligations; and
WHEREAS, per Section 15301 of the State CEQA Guidelines, the transfer
of the assets is exempt from environmental review under CEQA because the
transfer will result in a continuation of an existing facility involving no expansion
of use and is therefore exempt from environmental review, and any future
development for the assets will require separate environmental review; and
WHEREAS, the transfer of such assets of the Agency to the City will
accomplish the public purposes of implementing the Redevelopment Plan for the
Project Area and achieving the goals and purposes of such Plan, sustaining the
redevelopment accomplished by the implementation of the Plan, expanding and
improving the community's supply of affordable housing, obtaining the benefits
for the City of the municipal uses to which the assets will be put, enforcing the
existing covenants, contracts and other obligations arising from said
redevelopment projects, and carrying out and achieving the goals and purposes
of the Cooperation Agreement between the City and the Agency; and
WHEREAS, the transfer of the assets of the Agency to the City is
expressly authorized by the Aid, Assistance and Cooperation provisions of the
California Community Redevelopment law (found at Sections 33220 et seq. of
the California Health and Safety Code); and
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, the City Council of the City of Poway does hereby
resolve as follows:
Section 1. The City Council hereby finds and determines that the
foregoing recitals are true and correct.
Section 2. The City Council hereby approves and accepts the transfer
of the Agency assets described below, for use by the City for municipal purposes
consistent with the Cooperation Agreement for ongoing efforts to redevelop,
revitalize and /or eliminate blight in the Project Area as authorized by
redevelopment law in effect at the time of approval of said agreement:
(a) The real property which is the subject of this Resolution consists of
the parcels of real estate located in the City of Poway, County of
San Diego, State of California described in the Schedule of Real
Property attached as Exhibit 1 hereto; and
(b) The accounts receivable which are the subject of this Resolution
are the leases, promissory notes, agreements and other rights of
the Agency to receive payment of funds and /or other consideration
(the "Accounts Receivable ") described in the Schedule of Accounts
Receivable attached as Exhibit 2 hereto or otherwise, and their
related security instruments; and
(c) The cash accounts which are the subject of this Resolution are the
operating and investment accounts (the "Cash Accounts ")
described in the Schedule of Cash Accounts attached as Exhibit 3
hereto or otherwise.
Section 3. The City Council hereby approves of and accepts payment
of the Agency's funds held in the Cash Accounts identified in the Schedule of
Accounts or otherwise to the City to prepay the Agency's obligations under the
Cooperation Agreement.
Section 4. The City Council hereby approves of and accepts the
assignment by the Agency to the City of the Agency's rights, interests and
obligations under the Disposition and Development Agreement by and between
Pinnacle Realty of California, LLC and the Agency dated as of August 17, 2010.
Section 5. The City Council hereby approves of and accepts the
assignment by the Agency to the City of the Agency's rights, interests and
obligations under the judgment filed in the Superior Court of the State of
California for the County of San Diego on January 26, 1995 in the case of Aleen
L. Smith and Cheri L. Craig v. All Persons Interested in the Matter of the Validity
of the Amendment to the Redevelopment Plan for the Paguay Redevelopment
Project Area, the City of Poway and the Poway Redevelopment Agency.
Section 6. The City Council hereby approves of and accepts the
assignment by the Agency to the City of the Agency's rights, interests and
obligations under the Disposition and Development Agreement by and between
Ocean Park Hotels -PWY, LLC and the Agency dated as of September 24, 2007.
Section 7. The City Council hereby approves of and accepts the
assignment by the Agency to the City of the Agency's rights, interests and
obligations under the Memorandum of Understanding by and between the City of
San Diego, the Agency and the City, dated as of December 11, 1990, relating to
the Scripps Poway Parkway.
Section 8. The City Council hereby approves of and accepts the
assignment by the Agency to the City of the Agency's rights, interests and
obligations under the Mobile Home Park Sale and Operating Agreement by and
between Poway Manufactured Home Communities, LLC and the Agency dated
as of March 29, 2003.
Section 9. The City Manager or designee is hereby authorized to take
all reasonable and necessary actions and sign on behalf of the City all
reasonable and necessary documents first approved in writing by the City
Attorney to implement and carry out the transfer of the assets from the
Redevelopment Agency to the City.
Section 10. The City Council authorizes the City Clerk to execute the
Certificates of Acceptance of the transfer of real property from the Agency to the
City upon preparation and subject to prior written approval of the City Attorney.
Section 11. This Resolution shall take effect immediately upon its
adoption.
PASSED, ADOPTED AND APPROVED by the City Council of the City of
Poway at a special meeting this 11th day of March, 2011.
Don Higginson, May
City of Poway
Resolution No. 11 -011
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, City Clerk, City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. 11 -011 was duly adopted by the City Council
at a meeting of said City Council held on the 11th day of March, 2011, and that it was so
adopted by the following vote:
AYES GROSCH, MULLIN, CUNNIGHAM, HIGGINSON
NOES: NONE
ABSENT BOYACK
DISQUALIFIED
Schedule of Real Property - Exhibit" 1"
AVN
Street Address
Description
Size
31710106
13100 Poway Rd
Vacant Tarascan Lot
154 Acres
31754073
12430 Poway Road
Landscaped area next to Ramada Inn
0 14 Acres
32350102
So Side of Kirkham Way
Auto Storage Lot - PBP
5 37 Acres
32326131
13112 Vista View Or
Community Garden
101 Acres
32348119
14082 Stowe Dn ✓e
Vacant commercial - future
restaurant Soo
123 Acres
3171902100 & 3171904500
13655 Poway Road
Former Chrysler Site
2 ]6 Acres
31419350 &51
Midland Road between Adrian &
em the
Vacant
31422002
13621 Adrian St
vacant - commercial
016 Acres
31422003
13620 Temple St
vacant - commercial
015 Acres
31422033
14125 Midland Rd
vacant - commercial
0.22 acres
31422034
14115 Midland Rd
vacant - commercial
016 Acres
31422035
Midland Rd
vacant - commercial
0 38 Acres
31421202
14038 Midland Rd
Vacant Commercial
0 77 Acres
31421203
Midland Rd
Vacant Commercial
0 20 Acres
31421204
Midland Rd
Vacant Commercial
0 38 Acres
31421205
14022 Midland Rd
Vacant Commercial
028 Acres
31421206
Midland Rd
Vacant Commercial
010 Acres
31420103
j 14124 York Ave
vacant lot - flood zone
103 Acres
31420104
vacant lot- flood zone
060 Acres
31420119
14146Sycamore Avenue
vacant -flood zone
31420120
14134 Sycamore Avenue
Vacant SFR- Will be demolished
034 Acres
31420129
14152 Sycamore Avenue
vacant lot flood zone
31420130
Alley west of Sycamore
vacant alley- flood zone (behind
Stevens property)
31420135
York Avenue
vacant lot -flood one
0 53 Acres
31421405
114056 York Avenue
vacant - flood zone
31421408
14055 York Avenue
vacant flood zone
31421409
14049 York Avenue
vacant - flood zone
31421410
14049 York Avenue
vacant - need one
31421420
York Avenue
vacant - flood zone (landlocked
property - no legal access)
0.53 Acres
31421429
Community Road
vacant flood zone
039 Acres
31421430
Community Road
vacant - flood zone
039 Acres
31421431
Community Road
vacant - flood zone
0.39 Acres
31421432
Community Road
vacant - flood zone
038 Acres
31421438
14038 York Ave
vacant flood zone
061 Acres
31710151
Wanesta- Flooway behind Solara
Floodway - Greenbelt
31747232
13123 -13125 Poway Rd
vacant corner @ library
0 35 Acres
31747218 113033
Poway Road
Poway Stoway - Storage Facility
1 83 Acres
31747223
Poway Rd
vacant lot - Former Aa site next to
Alibi
0 61 Acres
31747224
13053 Poway Rd
Commercial Bldg
0 33 Acres
31747225
13029 1/2 Poway Road
Poway TV
0 25 Acres
31747229
13100 Bowron Rd
Sheriffs Station /Skate Park
3 77 Acres
31723222
12237 Old Pomerado Road
Former Big Stone Lodge - Future
Passive Park
31723236
12207 Old Pomeado Road
vacant lot - future passive park
31723239
Old Pomerado Road
vacant lot - future passive park
31723240
Old Pomerado Road
vacant lot- future passive park
31723241
Old Pomerado Road
Undeveloped npi nan habitat -
Future Passive Park
31723242
Old Pomerado Road
Undeveloped nparlan habitat -
Future Passive Park
31725131
11907 Old Pomerado Road
Scripps Poway Pkwy- Right -of -Way
Schedule of Accounts Receivable - Exhibit "2"
Promissory Notes
Project
Address
Loan Amount
Promissory
Note Date
Poway Manufactured Home Communities
13648 Edgemoor St.
$ 5,112,231
6/10/2003
Ocean Park Hotels- Hampton Inn
14068 Stowe Dr
$ 1,585,000
9/21/07
Scripps Poway Parkway Arterial
Scripps Poway Parkway
$ 2,300,000
12/11/90
Chrysler
13760 Poway Road
$ 3,000,000
8/17/10
Kip Rode Chiropractic
113248 Poway Rd., Ste 6
$ 2,250
6/28/07
Poway Plaza LLC- Dixie Line
13301 -13385 & 13397 Poway Roa
$ 320,000
8/9/06
Monte Vista Predevelopment Loan
112674 Monte Vista Road
1 $ 781,667
6/17/09
Leases
Description
Address
Parties
Lease Date
Avram and Dina
Sachar
Poway TV
13029 1/2 Poway Road
Revocable Trust
1/1/2011
Avalon
Property
Development /C
Poway Stoway
13033 Poway Road
hris LaFornara
4/21/2009
Poway Auto
Dealers
Auto Storage Lot
13053 Poway Road
Association
7/1/2005
Poway Valley
Community
Poway Community Garden
13875 Kirkham Way
Garden Club
5/1/2007
Horizon
Hospice Care
Horizon Hospice
113112 Vista View Drive
jlnc.
9/25/1997
Exhibit "3"
Schedule of Cash Accounts
Redevelopment Debt Service Fund cash (Fund number 321)
2001 Tax Allocation Bond Fund cash (Fund number 440)
2003 Tax Allocation Bond Fund cash (Fund number 441)
2003 Tax Allocation Bond Fund Local Agency Investment Fund (Fund number 441)
Redevelopment Capital Improvement Fund cash (Fund number 436)
Redevelopment General Fund Loan Fund cash (Fund number 438)
Housing Special Programs Fund cash (Fund number 472)
Redevelopment Administration Fund (Fund number 437)