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
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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