Res 12-010RESOLUTION NO 12 -010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING TRANSFER OF REAL
PROPERTY TO THE POWAY HOUSING AUTHORITY
WHEREAS, the City of Poway (the "City ") entered into a Cooperation
Agreement with the Poway Redevelopment Agency (the "Agency ") dated March
11, 2011, which included the transfer of real property from the Poway
Redevelopment Agency to the City; and
WHEREAS, two parcels, APN 317 - 101 -51 -00 and APN 317 - 101 -52 -00
floodway parcels located behind the Solara Affordable Housing Development
(the "Property "), purchased with Low -Mod Housing funds were inadvertently
transferred to the City on March 11, 2011, that should have been transferred to
the Poway Housing Authority (the "Authority "), and
WHEREAS, on February 1, 2012, in accordance with Assembly Bill 1X 26
( "AB 1X 26 "), the Agency was dissolved and no longer exists, and
WHEREAS, on January 17, 2012, the City Council affirmed that effective
February 1, 2012, it will retain the housing assets and functions, formerly owned
and performed by the Agency, through the Authority; and
WHEREAS, the transfer of the Property to the City, instead of being
retained by the Authority as assets of the Agency, is improper, and should be
reversed to the Authority, as the entity succeeding to the housing assets and
functions of the Agency; and
WHEREAS, the City hereby finds it necessary and appropriate to transfer
the Property to the Authority at this time to allow the Authority to appropriately
complete affordable housing activities, comply with Section 33333 8 of the
California Health and Safety Code (for provision of affordable housing) and to
enforce existing covenants, contracts or other obligations, and
WHEREAS, the transfer of the Property to the Authority, which are now
held as assets of the City but were formerly housing assets of the Agency, is
expressly authorized by the Aid, Assistance and Cooperation provisions of the
California Community Redevelopment law (found at Sections 33220 et seq of
the California Health and Safety Code), including but not limited to Section
33442, and is legally appropriate in accordance with AB 1X 26, and
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred
Resolution No 12 -010
Page 2
NOW, THEREFORE, the City of Poway does hereby resolve as follows
Section 1 The City hereby finds and determines that the foregoing
recitals are true and correct.
Section 2 The City hereby approves the transfer of the former Agency
real estate parcels, APN 317 - 101 -51 -00 and APN 317 - 101- 52 -00, located in the
City of Poway, County of San Diego, State of California, to the Authority for
affordable housing purposes consistent with the Cooperation Agreement, and as
authorized by redevelopment law and AB 1X 26
Section 3 The City Manager or designee is hereby authorized to take
all reasonable and necessary actions and sign on behalf of the City all
reasonable and necessary documents to carry out the transfer of the parcels
identified above from the City to the Authority
Section 4 This Resolution shall take effect immediately upon its
adoption
PASSED, ADOPTED AND APPROVED by the City Council of the City of
Poway, California, this 21st day of February, 2012
Don Higginson, May r
City of Poway
ATTEST
U -da A. Troyan, MMC
City Clerk
Resolution No 12 -010
Page 3
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No 12 -010 was duly
adopted by the City Council at a meeting of said City Council held on the 21st
day of February 2012, and that it was so adopted by the following vote
AYES BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES NONE
ABSENT NONE
DISQUALIFIED NONE
Cind Troyan, MMC, City Clerk
City of Poway