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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