Res H-17-01RESOLUTION NO. H-17-01
A RESOLUTION OF THE POWAY HOUSING AUTHORITY,
ACTING AS HOUSING SUCCESSOR TO THE POWAY
REDEVELOPMENT AGENCY EXTENDING THE TIME
PERIOD IN WHICH CERTAIN PROPERTY MUST BE
DEVELOPED FOR AFFORDABLE HOUSING IN
ACCORDANCE WITH HEALTH AND SAFETY CODE
SECTION 33334.16
WHEREAS, on December 29, 2011, the California Supreme Court rendered its
decision in California Redevelopment Association v. Matosantos, upholding ABx1 26
("Dissolution Act");
WHEREAS, as a result of the California Supreme Court's decision, all
redevelopment agencies in the State of California, including the Redevelopment Agency for
the City of Poway (former RDA) dissolved as of February 1, 2012;
WHEREAS, on January 17, 2012, the Poway City Council adopted Resolution No.
12-010 accepting the City of Poway's role as Successor Agency to the former Poway
Redevelopment Agency (Successor Agency);
WHEREAS, as of and after February 1, 2012 all assets, properties, and contracts of
the former RDA were transferred, by operation of law, to the Successor Agency;
WHEREAS, pursuant to the Dissolution Act, on January 17, 2012, the Poway City
Council approved Resolution No. 12-010 to elect to retain all housing assets and assume
the affordable housing functions of the former Agency as of February 1, 2012 as Housing
Successor Agency to the former RDA (Housing Successor Agency);
WHEREAS, the former RDA acquired eight (8) properties (Properties) with low and
moderate income housing funds prior to February 1, 2012 described as (1) 12674 Monte
Vista Rd (275-460-61), (2) 13021-13023 Poway Road (317-472-01), (3) 13031 Poway
Road (317-472-06), (4) Twin Peaks Road (321-190-28); (5) 12341 Oak Knoll Road (317-
152-14), (6) 13424 Scots Way (314-230-26), (7) 14048 Sycamore Avenue (314-214-18),
and (8) Wanesta Drive (317-101-51 & 52);
WHEREAS, pursuant to Health & Safety Code (HSC) Section 33334.16, any agency
acquiring real property with affordable housing funds prior to February 1, 2012, "shall,
within five years from the date it first acquires the property interest for the development of
housing affordable to persons and families of low and moderate income, initiate activities
consistent with the development of the property for that purpose." These activities may
include, but are not limited to, zone changes or agreements entered into for the
development and disposition of property;
WHEREAS, the five-year time period, as described in HSC Section 33334.16, shall
be deemed to have commenced on the date that the Department of Finance approved the
property as a housing asset in the Housing Asset Transfer Form, which was on August 31,
2012;
Resolution No. H-17-01
Page 2
WHEREAS, pursuant to Health and Safety Code Section 33334.16, the Housing
Successor Agency Board is authorized to extend the deadline to initiate activities by an
additional five years upon affirming the intention to develop housing affordable to
households of low and moderate income; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the Poway Housing Authority, as
Housing Successor Agency to the Redevelopment Agency of the City of Poway, as follows:
Section 1: The above recitals are true and correct.
Section 2: The Housing Successor Agency hereby extends the time -period in which
certain property must be developed for affordable housing in accordance with HSC
Section 33334.16.
Section 3: The Housing Successor hereby authorizes and directs staff to take all
actions necessary under the Dissolution Act for approval of the transfer of the
aforementioned Properties.
Section 4: The Poway Housing Authority Chairman shall sign this resolution, and
the Clerk shall attest and certify to the passage and adoption thereof.
Section 5: The Housing Successor declares that, should any provision, section,
paragraph, sentence or word of this resolution be rendered or declared invalid by
any final court action in a court of competent jurisdiction, or by reason of any
preemptive or inconsistent legislation, the remaining provisions, sections,
paragraphs, sentences and words of this resolution shall remain in full force and
effect.
PASSED, ADOPTED AND APPROVED by the Poway Housing Authority at a
regular meeting this 18th day of August 2017.
Steve Vaus, Chairman
Poway Housing Authority
ATTEST:
1.
Nancy Wedf6ld,tMC, Secretary
Poway Housing Authority
Resolution No. H-17-01
Page 3
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Nancy Neufeld, Secretary of the Poway Housing Authority, do hereby certify under
penalty of perjury that the foregoing Resolution No. H-17-01 was duly adopted by the
Commissioners' at a meeting of said Housing Authority held on the 18th day of August
2017 and that it was so adopted by the following vote:
AYES: GROSCH, LEONARD, MULLIN, VAUS
NOES: NONE
ABSENT: CUNNINGHAM
DISQUALIFIED: NONE
Nancyy kit 6fee d, CMC, Secretary
Poway Housing Authority
L