OSB 13-004 RESOLUTION NO. OSB 13-004
A RESOLUTION OF THE OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE POWAY REDEVELOPMENT
AGENCY RATIFYING AND APPROVING PREVIOUS ACTIONS OF
THE REDEVELOPMENT AGENCY TRANSFERRING HOUSING
FUNCTIONS AND ASSETS 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, pursuant to Section 33220 of the California Community
Redevelopment Law [Health and Safety Code Section 33000 et seq.], Section 34312.5
of California's Housing Authorities Law [Health & Safety Code §§34200, et seq.] and
Section 34509 of California's Housing Cooperation Law [Health & Safety Code
§§34500, et seq.], the Redevelopment Agency and the Poway Housing Authority
entered into a Cooperation Agreement dated March 11, 2011 (the "Cooperation
Agreement") to continue improving, preserving and increasing the supply of affordable
housing in the community, as appropriate and as authorized by redevelopment law in
effect at the time of approval of the Cooperation Agreement; and
WHEREAS, certain property, assets and obligations associated with the housing
activities of the former Redevelopment Agency were transferred to the Housing
Authority pursuant to Redevelopment Agency Resolution IVo. R-11-09 and Housing
Authority Resolution No. H-11-05 approved on March 11, 2011 to allow the Housing
Authority to appropriately carry out affordable housing and other related activities as set
forth in the Cooperation Agreement; 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
"Dissolution Bills"), the former Redevelopment Agency was dissolved on February 1,
2012; and
WHEREAS, pursuant to the Dissolution Bills, 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 Bills, on January 17, 2012 the City
Council of the City of Poway designated the Poway Housing Authority as the entity
Resolution No. OSB-13-004
Page 2
responsible for performing the housing functions previously performed by the former
Redevelopment Agency; and
WHEREAS, the Housing Authority has accepted its designation as the entity that
will perform the housing functions previously performed by the former Redevelopment
Agency; and
WHEREAS, on February 1, 2012 all assets, properties, contracts, leases, books
and records, buildings and equipment of the former Redevelopment Agency transferred
by operation of law to the control of the Successor Agency for administration pursuant
to Part 1.85 of Division 24 of the Health and Safety Code; and
WHEREAS, Section 34177(g) of the Dissolution Bills requires the Successor
Agency to effectuate the transfer of the housing functions and assets of the former
Redevelopment Agency to the Housing Authority; and
WHEREAS, pursuant to Section 34176 of the Dissolution Bills, the Housing
Authority prepared the Housing Asset Transfer Form (the "HAT") for the purpose of
identifying the housing assets of the former Redevelopment Agency and on August 1,
2012 submitted the HAT to the California Department of Finance ("DOF") for its review.
WHEREAS, the housing assets that were transferred to the Housing Authority in
2011 in connection with the Cooperation Agreement were included in the assets listed
on the HAT submitted to DOF;
WHEREAS, by written correspondence dated August 31, 2012, the DOF notified
the Authority that it was objecting to items 19 through 70 on Exhibit C of the HAT and
was not objecting to the transfers of the remaining housing assets listed on the HAT;
and
WHEREAS, the Housing Authority did not dispute DOF's determination relating
to the HAT; and
WHEREAS, the staff of the Successor Agency has made a full report to the
Oversight Board of the actions the former Redevelopment Agency took to implement
and carry out the transfer of the housing assets and functions to the Authority; and
WHEREAS, pursuant to Section 15301 of the State CEQA Guidelines, the
transfer of the housing assets and functions was exempt from environmental review
under CEQA because the transfer will result in a continuation of an existing facility
involving no expansion of use and is therefore exempt from environmental review, and
any future development of the housing assets will require separate environmental
review; and
Resolution No. OSB-13-004
Page 3
WHEREAS, to facilitate future transactions relating to the housing assets and
functions of the former Redevelopment Agency the Oversight Board finds it necessary
and appropriate to confirm that the housing assets listed on the HAT and approved by
DOF will be retained by the Housing Authority; and
WHEREAS, the former Redevelopment Agency's transfer of its housing assets
and functions to the Housing Authority was for the public purpose of allowing the
Housing Authority to appropriately complete the housing projects and carry out the
housing functions previously performed by the former Redevelopment Agency; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE the Oversight Board of the Successor Agency to the Poway
Redevelopment Agency does hereby resolve as follows:
Section 1. The Oversight Board hereby finds and determines that the foregoing
recitals are true and correct.
Section 2. The Oversight Board 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. A duly noticed public meeting having been held, the Oversight Board
hereby adopts, approves, ratifies and confirms all actions taken by the former
Redevelopment Agency and by the staff of the Redevelopment Agency to implement
and carry out the transfer to the Housing Authority of all of the Redevelopment Agency's
right, title and interest in the housing assets described below.
Section 4. A duly noticed public meeting having been held, the Oversight Board
hereby adopts, approves, ratifies and confirms all actions taken by the Successor
Agency and by the staff of the Successor Agency to implement and carry out the
transfer to the Housing Authority of all of the Successor Agency's right, title and interest
in the housing assets described below.
Section 5. The housing assets which are the subject of this Resolution are
identified on Exhibit A attached to this Resolution and were included on the Housing
Asset Transfer Form as approved by the Department of Finance.
Section 6. The Successor Agency is hereby authorized and directed to take
such further reasonable and necessary actions and sign on behalf of the Oversight
Board such further reasonable and necessary documents first approved in writing by the
Successor Agency's General Counsel as may be appropriate to finalize the transfer to
the Poway Housing Authority of the housing assets described on Exhibit A.
Resolution No. OSB-13-004
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Section 7. This Resolution shall take effect immediately upon its adoption.
PASSED, ADOPTED and APPROVED by the Oversight Board of the Successor
Agency to the Poway Redevelopment Agency at a regular meeting this 21 St day of
August, 2013.
Bruce Tarzy �' °
Chair
ATTEST:
y
Sheila R. ian, CMC, Secretary
Successor Agency to the Poway Redevelopment Agency
Resolution No. OSB-13-004
Page 5
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CIVIC, Secretary, Successor Agency to the Poway
Redevelopment Agency, do hereby certify under penalty of perjury that the foregoing
Resolution No. OSB-13-004 was duly adopted by the Oversight Board of the Successor
Agency to the Poway Redevelopment Agency at a meeting of said Oversight Board held
on the 21 St day of August, 2013 and that it was so adopted by the following vote:
AYES: FOIVG-SAKAI, LADERAIIAN, LYON, SCOTT, TAM, THOLANDI, TARZY
NOES: NONE
ABSENT: iVOIVE
DISQUALIFIED: NONE
�4���� �?. (�r�---
heila R. Cobian, CMC, Secretary
Successor Agency to the
Poway Redevelopment Agency