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Res 13-027RESOLUTION NO. 13 -027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING THE TRANSFER OF THE SMITH SETTLEMENT FUND AND OBLIGATIONS UNDER THE SMITH JUDGMENT TO THE POWAY HOUSING AUTHORITY WHEREAS, the City Council of the City of Poway ( "City Council ") adopted the Redevelopment Plan for the Paguay Redevelopment Project Area (the "Project Area ") on December 13, 1983 by Ordinance No. 117, as amended by Ordinance No. 415 on June 15, 1993, Ordinance No. 439 on December 13, 1994, Ordinance No. 593 on December 2, 2003, Ordinance No. 605 on August 3, 2004, Ordinance No. 611 on October 26, 2004, Ordinance No. 641 on July 18, 2006, and Ordinance No. 657 on June 12, 2007 (the "Redevelopment Plan "); and WHEREAS, an action was filed in Superior Court of the County of San Diego (Smith v. All Persons Interested in the Matter of the Validity of the Amendment to the Redevelopment Plan for the Paguay Redevelopment Project Area, Case No. 667691) challenging the 1993 amendment to the Redevelopment Plan, which action named the City of Poway and the Poway Redevelopment Agency as defendants; and WHEREAS, a judgment in the case was filed on January 26, 1995 ( "Smith Judgment ") pursuant to a Stipulation Re Judgment filed on October 20, 1994; and WHEREAS, the Smith Judgment required the Poway Redevelopment Agency to allocate 2% of its gross tax increment funds beginning in fiscal year 2000 -2001 ( "Smith Settlement Fund ") for distribution to non - profit housing entities for specified housing uses; and WHEREAS, the City of Poway and the Poway Redevelopment Agency entered into an Amended and Restated Cooperation Agreement dated March 11, 2011 ( "Cooperation Agreement ") to provide for the City's implementation of certain redevelopment projects and programs described therein, including the housing activities required by the Smith Judgment; and WHEREAS, in furtherance of the City's obligations under the Cooperation Agreement, on March 11, 2011 by Resolution No. R -11 -07 the Poway Redevelopment Agency transferred to the City all of the Redevelopment Agency's rights, interests and obligations under the Smith Judgment and the Smith Settlement Fund; and WHEREAS, the City has administered the Smith Settlement Fund pursuant to the City's obligations as a defendant in the Smith Judgment and to fulfill the Poway Redevelopment Agency's obligations under the Smith Judgment; and WHEREAS, by operation of Assembly Bill No. 26 (2011 -2012 1St Ex. Sess.) as amended by Assembly Bill No. 1484 (2011 -2012 Regular Session) (collectively, the Resolution No. 13 -027 Page 2 "Dissolution Act "), the Poway Redevelopment Agency was dissolved on February 1, 2012; and WHEREAS, pursuant to the Dissolution Act, on January 17, 2012 the City Council of the City of Poway elected to be the Successor Agency to the Poway Redevelopment Agency (the "Successor Agency "), which is a legal entity that exists separate and independent of the City of Poway; and WHEREAS, pursuant to the Dissolution Act, on January 17, 2012 the City Council of the City of Poway designated the Poway Housing Authority as the entity responsible for performing the housing functions previously performed by the Poway Redevelopment Agency and the Housing Authority accepted its designation as the entity that will perform the housing functions previously performed by the Poway Redevelopment Agency; and WHEREAS, on February 1, 2012 all assets, properties, contracts, leases, books and records, buildings and equipment of the Poway Redevelopment Agency transferred by operation of law to the control of the Successor Agency for administration pursuant to the Dissolution Act; and WHEREAS, Section 34179.6 of the Dissolution Act required the Successor Agency to submit to the California Department of Finance ( "DOF ") a Due Diligence Review ( "DDR ") to identify the Successor Agency funds that are available for distribution to the taxing agencies; and WHEREAS, DOF's review of the DDR determined that the Smith Settlement Fund was restricted by the terms of the Smith Judgment and was not available for distribution to the taxing agencies but that the Smith Settlement Fund should be returned to the Successor Agency; and WHEREAS, Section 34177(g) of the Dissolution Act requires the Successor Agency to effectuate the transfer of the housing functions and assets of the Poway Redevelopment Agency to the Poway Housing Authority and with the exception of the Smith Judgment and the Smith Settlement Fund held by the City, those housing functions and assets have been transferred to the Housing Authority; and WHEREAS, Section 34176(b) of the Dissolution Act requires all assets associated with the housing activities of the Poway Redevelopment Agency, except for amounts in the Low and Moderate Income Housing Fund ( "LMIHF "), to be transferred to the Poway Housing Authority in its capacity as housing successor; and WHEREAS, the Smith Settlement Fund comprises an allocation of gross tax increment that was in addition to the 20% of gross tax increment that the Poway Redevelopment Agency was required by California Community Redevelopment Law (Health & Safety Code §33000, et seq.) to deposit in its LMIHF; and WHEREAS, the Smith Settlement Fund was not required to be deposited in the LMIHF and has been continuously maintained in a separate account from the LMIHF and thus is excluded from the housing assets to be retained by the Successor Agency; and Resolution No. 13 -027 Page 3 WHEREAS, in furtherance of Section 34177(8) of the Dissolution Act, the City Council finds it necessary and appropriate to transfer to the Poway Housing Authority the Smith Settlement Fund and to assign to the Housing Authority the Poway Redevelopment Agency's obligations under the Smith Judgment for administration by the Housing Authority in its capacity as the housing successor to the Poway Redevelopment Agency; and WHEREAS, the transfer of the Smith Settlement Fund and the assignment of the Poway Redevelopment Agency's obligations under the Smith Judgment to the Poway Housing Authority will accomplish the public purposes of implementing the Redevelopment Plan, increasing, improving and preserving the community's supply of affordable housing and carrying out the terms of the Smith Judgment; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE the City Council of the City of Poway does hereby resolve as follows: Section 1. The City Council hereby finds and determines that the foregoing recitals are true and correct. Section 2. The City Council has received and heard all oral and written objections to matters pertaining to this transaction, and all such oral and written objections are hereby overruled. Section 3. The City Council hereby approves and authorizes the transfer of the Smith Settlement Fund to the Poway Housing Authority for administration by the Housing Authority consistent with the terms of the Smith Judgment. Section 4. The City Council hereby approves of and authorizes an assignment by the City to the Poway Housing Authority of the Poway Redevelopment Agency's rights and obligations under the Smith Judgment. Section 5. The City Manager or designee is hereby authorized and directed to take all reasonable and necessary actions and sign on behalf of the City all reasonable and necessary documents and instruments first approved in writing by the City Attorney to carry out the transfer of the Smith Settlement Fund and the assignment of the Poway Redevelopment Agency's rights and obligations under the Smith Judgment from the City to the Poway Housing Authority. Section 6. This Resolution shall take effect immediately upon its adoption. Resolution No. 13 -027 Page 4 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway at a regular meeting this 6th day of August 2013. 400"M • • Don Higginson, Mayor City of Poway ATTEST: Sheila . Cobian, CMC City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO) I, Sheila R. Cobian, City Clerk, City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 13 -027 was duly adopted by the City Council of the City of Poway at a meeting of said Council held on the 6 h day of August 2013 and that it was so adopted by the following vote: AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE A,-,. Prl Cobian, C-RA CMC, City Clerk City of Poway