Res H-16-01RESOLUTION NO. H -16 -01
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF POWAY AND POWAY HOUSING AUTHORITY
AUTHORIZING EXECUTION OF A DISPOSITION,
DEVELOPMENT, AND LOAN AGREEMENT FOR THE VILLA DE
VIDA POWAY HOUSING DEVELOPMENT AND MAKING
CERTAIN FINDINGS WITH RESPECT TO SUCH DISPOSITION,
DEVELOPMENT AND LOAN AGREEMENT
WHEREAS, the Poway Housing Authority (the "Housing Authority ") was formed to
provide decent, safe and sanitary housing in the City of Poway, and is designated as the
housing successor to the dissolved Poway Redevelopment Agency (the "Dissolved RDA ")
pursuant to California Health and Safety Code Section 34176;
WHEREAS, pursuant to the California Community Redevelopment Law (Health and
Safety Code Section 33000 et seq.; the "Redevelopment Law "), the City Council (the "City
Council ") of the City of Poway (the "City ") adopted, and the Poway Redevelopment Agency
(the "Agency ") is responsible for implementing, the Amended and Restated
Redevelopment Plan for the Paguay Redevelopment Project Area (the "Project Area ")
adopted by the City Council by Ordinance No. 117 on January 12, 1984, as amended by
Ordinance No. 414 on July 14, 1993, as amended by Ordinance No. 439 on January 13,
1995, as amended by Ordinance No. 593 on January 1, 2004, as amended by Ordinance
No. 605 on September 16, 2004, as amended by Ordinance No. 611 on November 25,
2004, as amended by Ordinance No. 641 on August 17, 2006, and as further amended by
Ordinance No. 657 on July 12, 2007 (as amended from time to time, the "Redevelopment
Plan ");
WHEREAS, the Dissolved Agency acquired that certain property located at 12341
Oak Knoll Road in the City of Poway, California (the "Property "), located in the Project
Area, with funds from the Dissolved Agency's Low and Moderate Income Housing Fund
established pursuant to California Health and Safety Code Section 33334.2;
WHEREAS, in order to effectuate the purposes of the Redevelopment Plan, the
Housing Authority, acting in its capacity as the housing successor to the Dissolved Agency,
proposes to enter into a Disposition, Development and Loan Agreement ( "DDLA ") with
Villa de Vida Poway, L.P., a California limited partnership (the "Developer "), pursuant to
which the Authority will sell the Property to the Developer and provide a loan in the
approximate amount of Five Hundred Thousand Dollars (the "Authority Loan ") to Developer
for the development of fifty- four(54) units of affordable rental housing that will be affordable
to extremely low, very low and low income special needs households (the "Development ");
WHEREAS, the sale of the Property, the Authority Loan and the development of the
Development is expected to implement the purposes of the Redevelopment Plan by
causing the development of housing affordable to extremely low, very low and low income
households on the Property and by developing blighted and underutilized property in the
Project Area with a new affordable housing development;
Resolution No. H -16 -01
Page 2
WHEREAS, Health and Safety Code Section 33433 requires that before any
property of the Authority acquired in whole or in part with tax increment revenue is sold,
such sale shall first be approved by the City Council after a public hearing;
WHEREAS, Health and Safety Code Section 33433 also requires that a Summary
Report be made available for public inspection;
WHEREAS, the Summary Report and a copy of the DDLA have been made
available for public inspection in the manner required by Section 33433;
WHEREAS, the development of the Property with the Development is categorically
exempt as a Class 32 exemption pursuant to Section 15332 of the CEQA Guidelines
because the Development is consistent with the applicable general plan designation and all
applicable general plan policies as well as with applicable zoning designation and
regulations, the Property is within the City, is less than five acres and is surrounded by
urban uses, the Property has no value as habitat for endangered, rare or threatened
species, approval of the Development will not result in any significant effects relating to
traffic, noise, air quality or water quality, and the Property can be adequately served by all
required utilities and public services.
NOW THEREFORE, BE IT RESOVLED by the City Council, acting on behalf of the
City and acting in its capacity as the governing board of the Housing Authority, as follows:
Section 1. Based on the evidence presented to the Housing Authority Board,
including the Staff Report accompanying this resolution and oral testimony in this matter,
and the Summary Report prepared pursuant to Section 33433 of the California Health and
Safety Code, the Housing Authority Board does hereby find, determine, resolve and order
as follows:
Section 2. That the Recitals above are true and correct and by this reference makes
them a part hereof.
Section 3. That the DDLA will assist in the elimination of blight in the Project Area
and will provide housing for low and moderate income persons and is consistent with the
implementation plan for the Project Area adopted pursuant to California Health and Safety
Code Section 33490.
Section 4. That as detailed in the Summary Report, and pursuant to California
Health and Safety Code Section 33433, the consideration for the Property is not less than
the fair market value at the highest and best use in accordance with the plan.
Section 5. That pursuant to Health and Safety Code Section 33433, the Housing
Authority hereby approves the DDLA and all ancillary documents; approves execution of
the DDLA by the Authority's Executive Director, in substantially the form on file with the
Authority Secretary with such changes as are approved by the Authority signatory and
Authority General Counsel (such approval to be conclusively evidenced by the execution of
the DDLA), and approves the negotiation and execution of all ancillary documents with
such changes as are approved by the Authority signatory (and approved by the Authority
Resolution No. H -16 -01
Page 3
General Counsel); and approves the conveyance of the Property and the Authority Loan
pursuant to the provisions of the DDLA.
Section 6. That nothing in this Resolution shall affect the City's policy discretion in
granting or denying the planning approvals related to the Property.
Section 7. That the Housing Authority Executive Director or the Housing Authority
Executive Director's designee is directed to file a Notice of Exemption with respect to the
DDLA and Development in accordance with CEQA.
Section 8. That the City Clerk is designated as the custodian of the document and
other material which constitute the record of proceedings upon which the decision herein is
based. These documents may be found at the City Clerk's Office at 13325 Civic Center
Drive, Poway, California 92064.
Section 9. That this Resolution shall take immediate effect upon its adoption.
PASSED, ADOPTED and APPROVED by the Poway Housing Authority at a
regular meeting this 4th day of October 2016.
Steve Vaus, Chairman
Poway Housing Authority
ATTEST:
Nancy eu eld, CMC, Secretary
Poway Housing Authority
Resolution No. H -16 -01
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STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Nancy Neufeld, Secretary, Poway Housing Authority, do hereby certify under
penalty of perjury that the foregoing Resolution No. H -16 -01 was duly adopted by the
Poway Housing Authority at a meeting of said Housing Authority held on the 4th day of
October 2016 and that it was so adopted by the following vote:
AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
1 71 l L'
Nancy N6uf6ld, CMC,
Secretary of the Poway Housing Authority