Res H-18-01RESOLUTION NO. H-18-01
A RESOLUTION OF THE POWAY HOUSING AUTHORITY
APPROVING THE PURCHASE OF CERTAIN REAL PROPERTY
LOCATED AT 12207 AND 12237 OLD POMERADO ROAD
FROM THE CITY OF POWAY, AND RELATED ACTIONS
WHEREAS, the Poway Housing Authority (the "Housing Authority") was formed to provide
decent, safe and sanitary housing in the City of Poway;
WHEREAS, the City of Poway (the "City') is the owner of two (2) real property parcels
totaling approximately 1.7 acres and located at 12207 and 12237 Old Pomerado Road in the City
of Poway, and shown in the attached Exhibit "A" — Vicinity Map (collectively the "Property");
WHEREAS, the Housing Authority desires to purchase the Property from the City for a
purchase price of $820,000 (Purchase Price), which represents the undiscounted fair market
value of the Property;
WHEREAS, the Housing Authority and the City have prepared a proposed Purchase and
Sale Agreement which provides for the sale of the Property to the Housing Authority for the
Purchase Price and which provides that the Housing Authority would take title to the Property;
WHEREAS, public notice of the Poway Housing Authority 's proposed purchase of the
Property from the City was published in a newspaper of general circulation on December 28,
2017;
WHEREAS, the purchasing of properties by the Housing Authority from the City is exempt
from the California Environmental Quality Act (CEQA), pursuant to section 15061(b)(3) of the
CEQA Guidelines, in that the sale of property between governmental agencies will not result in
an impact on the environment. Future actions regarding the properties will be subject to further
environmental assessment; 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 follows:
Section 1: The foregoing recitals are true and correct and are a substantive part of this
Resolution.
Section 2: The Housing Authority has received and heard all oral and written objections to
the Housing Authority's proposed purchase of the Property from the City, and to other matters
pertaining to this transaction, and (finding such objections to be without merit) all such oral and
written objections are hereby rejected.
Section 3: The Housing Authority hereby approves the purchase of the Property from the
City pursuant to the Purchase and Sale Agreement presented at this meeting and the transfer of
fee simple title by grant deed or other deed of the Property from the City to the Poway Housing
Authority is hereby accepted.
Resolution No. H-18-01
Page 2
Section 4: The Housing Authority hereby appropriates the sum of Eight Hundred Twenty
Thousand Dollars ($820,000) from the Housing Authority Fund for the purpose of paying the
Purchase Price for the Property.
Section 5: The Housing Authority hereby authorizes and directs the Executive Director or
designee to (i) take all actions, including payment of the Purchase Price, and to execute any and
all documents, instruments, and agreements necessary or desirable on behalf of the Housing
Authority, as approved by the Executive Director and the Housing Authority's legal counsel,
including, without limitation, a grant deed, to implement and effectuate the purchase of the
Property from the City, and to effectuate all other actions approved by this Resolution, including,
without limitation, approving changes, implementations, or revisions to documents, instruments,
and agreements as determined necessary by the Executive Director or designee and approved
by the Housing Authority's legal counsel, and (ii) administer the Housing Authority's obligations,
responsibilities, and duties to be performed pursuant to this Resolution and all documents,
instruments, and agreements required by and for the purchase of the Property from the City.
Section 6: If any provision of this Resolution or the application of any such provision to
any person or circumstance is held invalid, then such invalidity shall not affect other provisions or
applications of this Resolution that can be given effect without the invalid provision or application,
and to this end the provisions of this Resolution are severable. The Housing Authority declares
that it would have adopted this Resolution irrespective of the invalidity of any particular portion of
this Resolution.
Section 7: The adoption of this Resolution is not intended to and shall not constitute a
waiver by the Housing Authority of any constitutional, legal or equitable rights that the Housing
Authority may have to challenge, through any administrative or judicial proceedings, and any and
all related legal and factual issues, and the Poway Housing Authority expressly reserves any and
all rights, privileges, and defenses available under law and equity.
Section 8: This Resolution shall take effect upon the date of its adoption.
PASSED, ADOPTED AND APPROVED by the Poway Housing Authority, at a regular
meeting this 9th day of January 2018.
Steve Vaus, Chairman
Poway Housing Authority
ATTEST:
4a„ we
Na cy a eld, CMC, Secretary
Poway Housing Authority
Resolution No. H-18-01
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STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, Secretary of the Poway Housing Authority Secretary, do hereby certify
under penalty of perjury that the foregoing Resolution No. H-18-01 was duly adopted by the
Commissioners' at a meeting of said Housing Authority held on the 9th day of January 2018, and
that it was so adopted by the following vote:
AYES: CUNNINGHAM, GROSCH, LEONARD, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
YZ � I &Z
a cy ut d, CIVIC, Secretary
Poway Housing Authority
Resolution No. H-18-01
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Exhibit A
Vicinity Map