HomeMy WebLinkAboutRES. SA 2015-03 Purchase, Sale, and Remediation Agreement - Pomona Ranch Plaza RESOLUTION NO. SA 2015-3
A RESOLUTION OF THE CITY COUNCIL SITTING AS THE
SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT
AGENCY OF THE CITY OF POMONA, CALIFORNIA, APPROVING A
PURCHASE, SALE AND REMEDIATION AGREEMENT WITH
PHILLIPS RANCH BUSINESS CENTER, LLC FOR THE PURCHASE
AND REMEDIATION OF LOT #9 (THE LANDFILL PARCELS; APN#s
8708-001-929 & -930) IN THE POMONA RANCH PLAZA
WHEREAS, the City of Pomona serves as the Successor Agency to the former
Redevelopment Agency of the City of Pomona pursuant to California Health and Safety Code
Sections 34171, 34173, 34175 and 34177 ("Successor Agency");
WHEREAS, the Successor Agency owns approximately 12.24 acres (APNs 8708-001-
929 & 930), known as Lot 49 or the landfill parcels in the Pomona Ranch Plaza;
WHEREAS, a portion of Lot #9 was a former landfill for domestic waste disposal that
began in 1934,then ceased operation in 1957;
WHEREAS, further investigations and studies indicate that the landfill site was again
used for disposal of construction and demolition debris for additional three years and ended in
1960;
WHEREAS, between 1989 and 2001, several environmental investigations were
conducted in and around the landfill, which culminated into a Remedial Action Plan (RAP) dated
April 23, 2001 and approved by the California Integrated Waste Management Board (CIWMB);
WHEREAS, the CIWMB approved an asphalt or concrete cap overlying Lot #9 as an
acceptable method for remediation;
WHEREAS, Lot 49 cannot be sold by the Successor Agency until the site is remediated
and an approved Closure Plan is issued by California Integrated Waste Management Board or the
Department of Toxic Substance and Control;
WHEREAS, Lot 49 is identified for sale in the Amended 2013 Long Range Property
Management Plan (LRPMP), following the completion of remediation;
WHEREAS, the LRPMP has been approved by the Successor Agency, Oversight Board
and the State's Department of Finance(DOF);
WHEREAS, a Purchase, Sale and Remediation Agreement (PSRA) between the
Successor Agency and Phillips Ranch Business Center, LLC, the Developer, of adjacent
properties was negotiated for the sale of Lot #9 at a purchase price of $950,000, which is
representative of the appraised value based on an appraisal report dated January 31, 2015;
WHEREAS, the PSRA includes the remediation of Lot #9 to be undertaken by the
Developer at an estimated remediation and closure costs of$1,700,000;
Resolution No. SA 2015-3
July 6, 2015
Page 1 of 3
WHEREAS, the Successor Agency is responsible for the costs of remediation and
agreed to reimburse the Developer for all remediation costs not to exceed $1,700,000 in
accordance with the terms and condition of the PSRA;
WHEREAS, the only funding source available to the Successor Agency for the
remediation is bond proceeds from tax exempt bonds issued by the former Redevelopment
Agency; and
WHEREAS, selling Lot #9 to Phillips Ranch Business Center LLC and addressing
remediation of the property is in accordance with the approved LRPMP.
NOW, THEREFORE, BE IT RESOVED by the Successor Agency of the
Redevelopment Agency of the City of Pomona 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 34177.
SECTION 3. The Successor Agency hereby approves the Purchase, Sale and
Remediation Agreement with Phillips Ranch Business Center, LLC for a purchase of$950,000
and the remediation costs of$1,700,000, in substantially the form submitted and attached hereto
as Exhibit A.
SECTION 4. The City Manager is authorized to transmit the proposed PSRA for the
sale of Lot#9 to the Oversight Board for approval.
SECTION 5. Once approved by the Oversight Board and approved by DOF, the City
Manager or designee, is authorized to execute and cause the recordation all documents necessary
to consummate the sale on behalf of the Successor Agency.
SECTION 6. The City Clerk in her capacity as the Clerk to the City Council, sitting as
the Successor Agency to the Redevelopment Agency, shall certify to the passage and adoption of
this Resolution and it shall thereupon take effect and be in full force.
APPROVED AND ADOPTED THIS 6TH DAY OF JULY 2015.
ATTEST: POMONA CITY COUNCIL
SITTING AS SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY
OF THE CITY OF POMONA,
CALIFORINA, PURSUANT TO
CALIFONIA HEALT AND AFETY
CODES C ION 34 3
Eva Buice, City Clerk Elliott Rothman, Mayok
Resolution No. SA 2015-3
July 6, 2015
Page 2 of 3
APPROVED ASJO F RM:
Arnold M. Alvarez-Glasman,
Successor Agency Counsel
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF POMONA
I, EVA M. BUIICE, CLERK of the CITY OF POMONA CITY COUNCIL sitting as the
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF
POMONA, California, pursuant to California Health and Safety Code Section 34173 do hereby
certify that the foregoing Resolution was adopted at a regular meeting of the Successor Agency
held on the 6t'day of July, 2015 by the following vote:
AYES: Nolte, Robledo, Carrizosa, Lantz, Martin, Mayor Rothman
NOES: None
ABSENT: Escobar
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Pomona, California, this 7ffi day of July 2015.
Eva M. Buice, MMC, City Clerk
Resolution No. SA 2015-3
July 6, 2015
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