OSB 13-006 RESOLUTION NO. OSB-13-006
A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF
THE POWAY REDEVELOPMENT AGENCY APPROVING THE LONG RANGE
PROPERTY MANAGEMENT PLAN PREPARED BY THE SUCCESSOR AGENCY
PURSUANT TO HEALTH AND SAFETY CODE SECTION 34191.5 DETERMINING
THAT APPROVAL OF THE LONG RANGE PROPERTY MANAGEMENT PLAN IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING
CERTAIN ACTIONS IN CONNNECTION THEREWITH
WHEREAS, pursuant to Health and Safety Code Section 34175(b) and the
California Supreme Court's decision in California RedevelopmentAssociation, etal. v.Ana
Matosantos, et al. (53 Cal.4th 231 (2011)), on February 1, 2012, all assets, properties,
contracts, leases, books and records, buildings, and equipment of the former Poway
Redevelopment Agency(the"Agency") transferred to the control of the Successor Agency
to the Poway Redevelopment Agency (the "Successor Agency") by operation of law.
WHEREAS, pursuant to Health and Safety Code Section 34191.5(b),the Successor
Agency must prepare a long range property management plan which addresses the
disposition and use of the real properties of the former Agency, and which must be
submitted to the Oversight Board of the Successor Agency(the"Oversight Board")and the
Department of Finance (the "DOF") for approval no later than six months following the
issuance by DOF to the Successor Agency of a finding of completion pursuant to Health
and Safety Code Section 34179.7.
WHEREAS, pursuant to Health and Safety Code Section 34179.7, DOF issued a
finding of completion to the Successor Agency on May 24, 2013.
WHEREAS, the Successor Agency has prepared and submitted to the Oversight
Board the long range property management plan attached hereto as Exhibit A (the
"LRPMP"), which LRPMP addresses the disposition and use of the real properties of the
former Agency and includes the information required pursuant to Health and Safety Code
Section 34191.5(c).
NOW, THEREFORE, THE OVERSIGHT BOARD OF THE SUCCESSOR
AGENCY TO THE POWAY REDEVELOPMENT AGENCY HEREBY FINDS,
DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part of
this Resolution.
Section 2. This Resolution is adopted pursuant to Health and Safety Code
Section 34191.5.
Resolution No. OSB-13-006
Page 2
Section 3. The Oversight Board hereby approves the LRPMP as presented by the
Successor Agency and attached hereto as Exhibit A. The proceeds from the sale of each
property in the LRPMP will be submitted to the San Diego County Auditor Controller's
office for distribution to the taxing entities.
Section 4. The staff of the Successor Agency is hereby directed to transmit to
DOF this Resolution together with written notice and information regarding the action taken
by this Resolution. Such notice to DOF shall be provided by electronic means and in a
manner of DOF's choosing.
Section 5. The staff and the Board of the Successor Agency are hereby
authorized and directed,jointly and severally, to do any and all things that they may deem
necessary or advisable to effectuate this Resolution and any such actions previously taken
are hereby ratified.
Section 6. This Resolution has been reviewed with respect to the applicability of
the California Environmental Quality Act (Public Resources Code Section 21000 et
seq.)("CEQA"). Pursuant to the State CEQA Guidelines (14 Cal Code Regs 15000 et
seq.)(the "Guidelines"), the Oversight Board has determined that the approval of the
LRPMP is exempt from CEQA because it is an administrative activity of government and it
can be said with certainty that there is no possibility that approval of the LRPMP may have
a significant effect on the environment (Guidelines Section 15061(b)(3)). Staff of the
Successor Agency is hereby directed to prepare and post a notice of exemption pursuant
to Guidelines Section 15062.
Section 7. This Resolution shall take effect immediately upon its adoption.
PASSED, ADOPTED and APPROVED by the Oversight Board to the Successor
Agency of the Poway Redevelopment Agency at a special meeting this 25th day of
September, 2013.
Bruce Tarzy
Chair
ATTEST:
,
Sheila . Cobian, CMC, Secretary
Successor Agency of the Poway Redevelopment Agency
Resolution No. OSB-13-006
Page 3
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CMC, Secretary, Successor Agency of the Poway Redevelopment
Agency, do hereby certify under penalty of perjury that the foregoing Resolution No. OSB-
13-006 was duly adopted by the Oversight Board to the Successor Agency of the Poway
Redevelopment Agency at a meeting of said Oversight Board held on this 25th day of
September, 2013, and that it was so adopted by the following vote:
AYES: FONG-SAKAI, LADERMAN, LYON, SCOTT, TAM, THOLANDI, TARZY
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
.
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Sheila R. Cobian, CMC, Secretary
Successor Agency of the Poway
Redevelopment Agency