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