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Res 15-048RESOLUTION NO. 15 -048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY AUTHORIZING ACTIONS TO CONFIRM TITLE TO CERTAIN ASSETS IN THE SUCCESSOR AGENCY TO THE POWAY REDEVELOPMENT AGENCY WHEREAS, the former Poway Redevelopment Agency ( "Redevelopment Agency ") was duly created pursuant to the California Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the California Health and Safety Code) ( "CRL "); and WHEREAS, the Redevelopment Agency was responsible for the administration of redevelopment activities within the City of Poway; and WHEREAS, Section 33220 of the CRL provides that certain public bodies may aid and cooperate in the planning, undertaking, construction or operation of redevelopment projects; and WHEREAS, the City and the Redevelopment Agency entered into various agreements ( "City /Agency Agreements ") to continue the effort to redevelop, revitalize and /or eliminate blight in the City to achieve the purposes and goals of the CRL, to repay debt to the City and to provide for affordable housing, as appropriate and as authorized by redevelopment law in effect at the time of approval of said agreements; and WHEREAS, the City /Agency Agreements dealt with various matters, some of which related to real property and other assets held by the Redevelopment Agency; and WHEREAS, on December 29, 2011, the California Supreme Court delivered its decision in California Redevelopment Association v. Matosantos, upholding ABx1 26 (as amended by AB 1484, SB 341 and SB 107, the "Dissolution Act "), which dissolved all California redevelopment agencies on February 1, 2012; and WHEREAS, on January 17, 2012 the City Council of the City of Poway elected for the City to be the Successor Agency to the Redevelopment Agency (the "Successor Agency "), which is a legal entity that exists separate and independent of the City of Poway; and WHEREAS, the Dissolution Act directs the State Controller's Office to review the activities of redevelopment agencies to determine whether an asset transfer occurred after January 1, 2011 between the city or county, or city and county that created a redevelopment agency or any other public agency, and the redevelopment agency; and Resolution No. 15 -048 Page 2 WHEREAS, the Dissolution Act expresses the California Legislature's finding that such a transfer of assets by a redevelopment agency is deemed not to be in the furtherance of the CRL and is thereby unauthorized and directs the affected agency to, as soon as practicable, reverse the transfer and return the assets; and WHEREAS, the State Controller's Office completed its review of the Redevelopment Agency's activities and issued its report in May 2015, ordering that any unallowable transfers be reversed and the assets turned over to the Successor Agency and, further, finding that the assets of the Redevelopment Agency had been turned over to the Successor Agency and concluding that no further action was necessary; and WHEREAS, the Successor Agency is charged with the performance of the Redevelopment Agency's obligations and the disposition of the Redevelopment Agency's assets pursuant to the Dissolution Act and under the direction of the Successor Agency's oversight board ( "Oversight Board "); and WHEREAS, the Successor Agency has prepared, and the Oversight Board has approved, a Long Range Property Management Plan ( "LRPMP ") which describes the proposed disposition of the Redevelopment Agency properties and has submitted the LRPMP to the California Department of Finance for approval; and WHEREAS, the Successor Agency is required to, as applicable, transfer the Redevelopment Agency properties to the appropriate public agency for a governmental use, or retain the properties to fulfill an enforceable obligation, or sell the properties and distribute the proceeds to the taxing agencies; and WHEREAS, actions taken pursuant to the City /Agency Agreements may have created exceptions or ambiguities which could interfere with the Successor Agency's performance of its obligations under existing agreements and could interfere with the issuance of title policies or otherwise hinder the Successor Agency's winding down of the Redevelopment Agency and the disposition of the Redevelopment Agency properties under the Dissolution Act; and WHEREAS, actions taken pursuant to the City /Agency Agreements may have created exceptions or ambiguities which could interfere with the Poway Housing Authority's performance, in its capacity as housing successor to the Redevelopment Agency, of its obligations under existing housing agreements; and WHEREAS, the City Council of the City of Poway desires to facilitate the Successor Agency's performance of its obligations under existing agreement and the disposition of the Redevelopment Agency properties in fulfillment of its obligations under the Dissolution Act and desires to facilitate the Poway Housing Authority's performance of its obligations under existing housing agreements and further desires to authorize appropriate actions where such actions are needed to accomplish the purposes of this Resolution; and Resolution No. 15 -048 Page 3 WHEREAS, pursuant to Section 15301 of the State CEQA Guidelines, actions taken by the City in furtherance of this Resolution are exempt from environmental review under CEQA because such actions will result in the continuation of existing facilities involving no expansion of use. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Poway hereby finds, resolves, and determines as follows: SECTION 1. The foregoing recitals are true and correct. SECTION 2. The City Council hereby authorizes the City Manager or his designee to take any and all actions and execute any and all documents (including, without limitation, quitclaim deeds), necessary and appropriate to confirm the Successor Agency's and the Poway Housing Authority's rights and obligations under existing agreements and the Successor Agency's title to the Redevelopment Agency properties, as necessary or appropriate to facilitate the Successor Agency's and the Poway Housing Authority's performance of their obligations under existing agreements and the Successor Agency's disposition of the Redevelopment Agency's properties in conformance with the Dissolution Act, and further authorizes the City Manager or his designee to administer the City's obligations, responsibilities and duties to be performed pursuant to this Resolution. SECTION 3. This Resolution will take effect immediately upon its adoption. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 1st day of December 2015. Steve Vaus, Mayor ATTEST: Sheila . Cobian, MC, City Clerk City of Poway Resolution No. 15 -048 Page 4 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO) I, Sheila R. Cobian, CIVIC, City Clerk of the City of Poway, do hereby certify that the foregoing Resolution No. 15 -048 was duly and regularly adopted by the City Council of the City of Poway at a regular meeting thereof held on the 1st day of December 2015, by the following vote: AYES: LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE �Ibagz� - Sheil . Cobian, CIVIC, City Clerk City of Poway