Res 89-088RESOLUTION NO. 8g- 088
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING AN OWNER PARTICIPATION AGREEMENT
BY AND AMONG THE
POWAY REDEVELOPMENT AGENCY AND
POWAY LAND, INC.
WHEREAS, the Poway Redevelopment Agency (the "Agency") is authorized to con-
duct redevelopment activities within the Paguay Redevelopment Project Area (the
"Project Area"), which activities include the acquisition and conveyance of real
property for private development; and
WHEREAS, the Agency desires to enter into an Owner Participation Agreement
(the "Agreement") with Poway Land, Inc. a California corporation (the
"Participant"), which Agreement provides for the acquisition and development of
a certain portion of the Project Area generally situated south of Poway Road
between Community and Midland Roads and the provision of 65 mobile home units
which shall be restricted to low to moderate use for the life the Redevelopment
Plan, all as set forth in greater particularity in the Agreement; and
WHEREAS, the Agency and the City Council of the City ("City Council") have
conducted a duly noticed joint public hearing regarding the proposed Agreement
in accordance with California Health and Safety Code Sections 33431 and 33433;
and
WHEREAS, the staff report pertaining to the Agreement, which has been on
display prior to the joint public hearing in accordance with Section 33433 of
the California Health and Safety code, contains a detailed description of the
provisions of the Agreement; and
WHEREAS, the City Council has
certified as being in conformance
quate by the City Council in its
89-02A on June 13, 1989.
NOW THEREFORE, the City Counci
follows:
reviewed the EIR for this project which was
with CEQA requirements and approved as ade-
action to approve General Plan Amendment No.
1 of the City of Poway does hereby resolve as
Section 1. The City Council finds and determines that the EIR, certified
and approved, is adequate for this project.
Section 2. The City Council finds and determines, based upon the testi-
mony and information presented during the public hearing with respect to the
Agreement that the consideration for the real property to be leased to the low
to moderate income residents constitutes the fair-market value thereof deter-
mined by the highest use permitted under the Redevelopment Plan for the Project
Area and based upon the covenants and restrictions established by the Agreement.
The City Council further finds that the use of 20 percent set-aside funds as set
out in the Agreement are for the purpose of increasing and improving the com-
munity's supply of low and moderate income housing available at affordable
housing costs as pursuant to California Health and Safety Code Section 33334.2.
-- Resolution No. 89-088
Page 2
Section 3. The City Council hereby approves the Agreement and all of its
provisions, including without limitation, the attachments thereto and authorizes
the Chairman and the Executive Director to execute all documents referenced in
the Agreement and necessary to effectuate the provisions of the Agreement.
PASSED, ADOPTED AND APPROVED, by the Ci/t~( Council of the City of Poway,
California, at a regular meeting thereof thi~llthday of June, 1989.
t/l-
Carl R. Kruse, Mayor
ATTEST:
jorie K~, Wahlsten, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. 89- 088 was duly
adopted by the City Council at a meeting of said City Council Rd on the 13th
day of June, 1989, and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE
NONE
NONE
NONE
Marjori~ I~. Wahlsten, City Clerk
City of P~ay
6/R/HALEY5 -6