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Res 98-075RESOLUTION NO. 98 - 075 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, MAKING CERTAIN REQUISITE FINDINGS REGARDING THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE POWAY REDEVELOPMENT AGENCY, BROOKVIEW SENIOR HOUSING PARTNERS AND SAN DIEGO INTERFAITH HOUSING FOUNDATION WHEREAS, the Poway Redevelopment Agency (the "Agency") is a community redevelopment agency organized and existing under the Community Redevelopment Law, Health and Safety Code Section 33000, et seq; and WHEREAS, not less than 20 percent of all tax increment allocated to the Agency shall be used for the purpose of increasing, improving and preserving the community's supply of Iow- and moderate-income housing available, at affordable housing cost, to persons and families of very-low, Iow- and moderate-incomes; and WHEREAS, pursuant to Section 33334.2 of the Health and Safety Code, in carrying out its affordable housing activities, the Agency is authorized to convey real property, improve real property with offsite improvements and provide subsidies to or for the benefit of very-low income and lower-income households, or persons and families of Iow- or moderate-income, to the extent that those households cannot obtain housing at affordable costs on the open market; and WHEREAS, the Agency approved an Exclusive Negotiating Agreement with the Developer on April 21, 1998, which provided for the negotiation of the Agreement; and WHEREAS, in order to carry out and implement the Redevelopment Plan (the "Plan") for the Paguay Redevelopment Project Area (the "Project Area") and the affordable housing requirements thereof, the Agency, Brookview Senior Housing Partners, a California limited partnership (the "Developer"), and San Diego Interfaith Housing Foundation, a California nonprofit corporation, propose to enter into a Disposition and Development Agreement (the "Agreement"), which Agreement among other things provides for the lease of certain unimproved real property located within the Project Area which is owned by the Agency (the "Site"), and for the Developer to construct and operate the Site as an affordable, senior housing complex (the "Development"); and WHEREAS, the Agency approved the AB 1290 Redevelopment and Housing Implementation Plan, pursuant to the requirements of Health and Safety Code Section 33490, on November 29, 1994, and updated said Plan on November 4, 1997, which identified the Site for affordable housing; and , Resolution No. 98- 075 Page 2 WHEREAS, the Superior Court entered the Judgment in the Case of Smith v. All Persons on January 26, 1995, which requires the Agency to develop the Site as affordable housing; and WHEREAS, the Agency approved a Comprehensive Affordable Housing Strategy on April 16, 1996 which confirmed that the Site would be developed as affordable senior housing; and WHEREAS, the Agreement provides financial assistance to the Developer for the construction of the Development; and WHEREAS, pursuant to Section 33433 of the Health and Safety Code, the Agency is authorized, with the approval of the City Council after a duly noticed public hearing, to dispose of the Site for development pursuant to the Plan upon a determination by the City Council that the disposition of the Site will provide housing for Iow- or moderate-income persons and that the consideration for such disposition is not less than either the fair market value or fair reuse value of the Site in accordance with the covenants and conditions governing the lease and the development costs required thereof; and WHEREAS, a joint public hearing of the Agency and City Council on the proposed Agreement was duly noticed in the Poway News Chieftain in accordance with the requirements of Section 33433 of the Health & Safety Code; and WHEREAS, the proposed Agreement, and a summary report meeting the requirements of Section 33433 of the Health & Safety Code, were available for public inspection consistent with the requirements of Section 33433; and WHEREAS, on June 30, 1998, the Agency and City Council held a joint public hearing on the proposed Agreement, at which time the Agency reviewed and evaluated all of the information, testimony, and evidence presented during the joint public hearing; and WHEREAS, the City Council has reviewed the summary report required pursuant to Section 33433 of the Health & Safety Code and has evaluated any and all other information pertaining to the findings required pursuant thereto; and WHEREAS, the City Council has duly considered all terms and conditions of the proposed Agreement and believes that the construction and operation of the Development pursuant to the Agreement is in the best interests of the Agency and the City and the health, safety, and welfare of its residents, and in accordance with the public purposes and provisions of applicable State and local law requirements. Resolution No. 98- 075 Page 3 NOW, THEREFORE, the City Council does resolve as follows: Section 1. The City Council hereby finds that the foregoing statements are true and correct, and are incorporated herein. Section 2. The City Council finds that the disposition of the Site pursuant to the terms and conditions of the Agreement will provide affordable housing for Iow- or moderate-income persons. Section 3. The City Council finds and determines that the consideration for the Agency's disposition of the Site is not less than the fair market value and fair reuse value in accordance with the covenants and conditions governing the lease and development costs required under the Agreement. Section 4. The City Council hereby finds that the proposed Agreement, and ground lease contained therein, are consistent with the Agency's AB 1290 Redevelopment and Housing Implementation Plan prepared pursuant to Section 33490 of the Health and Safety Code. Section 5. The City Council hereby consents to the Agency's approval of the Disposition and Development Agreement By and Between the Poway Redevelopment Agency, Brookview Senior Housing Partners, and San Diego Interfaith Housing Foundation as may be found on file in the Office of the City Clerk. Section 6. The City Council finds and determines that the approval of the Agreement by the Agency will not have a significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act, California Public Resoumes Code Section 21000 et seq., pursuant to Section 15061 of Title 14 of the California Code of Regulations. Section 7. The City Council determines that the Development is not a "low rent housing project" within the meaning of Article XXXIV of the State Constitution, and the Agency's approval of the Agreement does not constitute development, construction or acquisition of a Iow-rent housing project within the meaning of Article XXXIV of the State Constitution. This Resolution is hereby deemed to constitute an approval within the meaning of Health & Safety Code Section 36005 of a proposal which results in housing assistance benefitting persons of Iow income. Resolution No. 98- 075 Page 4 PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting thereof this 30th day of June 30, 1998. ATTEST: Don Higgi-nson, Ma~jo~I~ Lori )Anne Peoples, A~is~ant City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, Assistant City Clerk of the City Council of the City of Poway, do hereby certify that the foregoing Resolution No. 98-075 was duly adopted by the City Council at a regular meeting of said Council on the 30th day of June, 1998, and that it was so adopted by the following vote: AYES: CAFAGNA, GOLDBY, REXFORD, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: EMERY Lori A~ne ~'~oples, Assistant City Clerk City of Poway