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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