Res 00-031RESOLUTION NO. 00- 031
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,
LOS ARCOS LIMITED PARTNERSHIP, AND RETIREMENT 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
must be placed in a fund (the "Housing Fund") and 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, Section 33334.2 of the Califomia Health and Safety Code provides that
the Agency is authorized to convey real property, improve real property, 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 affo¢dable costs on the open market, and that the Agency may expend Housing
Fund monies outside the Paguay Redevelopment Project Area (the "Project Area") upon
resolution of the Agency and the City Council that the use will be of benefit to the
Redevelopment Project; and
WHEREAS, on August 31, 1999, the City/Redevelopment Agency entered into a
Memorandum of Understanding (MOU) with Retirement Housing Foundation (RHF) to
evaluate the feasibility of developing an assisted living facility and 84 units of affordable
senior housing on a 3.36-acre, unimproved property owned by RHF and/or its affiliates
(APN# 275-780-04) (the "Site"), located on the north side of Gateway Park Road, east of
Pomerado Road, outside of the Project Area; and
WHEREAS, on April 25, 2000, the City Council approved Development Review 00-
02, Conditional Use Permit 00-02 and Specific Plan 00-01 for the 84-unit affordable, senior
housing development (the "Development") and approved the associated 66-unit assisted
living facility; and
WHEREAS, pursuant to the MOU, the Agency entered into a Real Estate Sale
Contract with Retirement Enterprises, Inc. And Poway RHF Housing to purchase the Site,
which is located outside of the Project Area; and
Resolution No. 00- 031
Page 2
WHEREAS, in order to carry out and implement the Redevelopment Plan (the
"Plan") for the Project Area and the affordable housing requirements thereof, the Agency,
Los Aroos Limited Partnership, and RHF propose to enter into a Disposition and
Development Agreement (the "Agreement"), which Agreement, among other things,
provides for the lease of the Site and for the Developer to construct and operate the Site
as an 84-unit affordable senior housing project; and
WHEREAS, the Agreement provides financial assistance to the Developer for the
construction of the Development; and
WHEREAS, through the adoption of Resolution 93-071, on May 25, 1993, the City
Council made general findings that the use of Housing Fund monies to increase, improve
and preserve the community's supply of Iow- and moderate-income housing located
outside the Redevelopment Project Area benefits the Redevelopment Project; and
WHEREAS, the Agency adopted the Redevelopment and Housing Implementation
Plan on June 29, 1999, pursuant to the requirements of Health and Safety Code Section
33490, which Plan identified the subject Site for affordable housing; and
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, 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
Resolution No. 00- 03l
Page 3
WHEREAS, on May 2, 2000, the Agency and City Council held a joint public headng
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
preposed Agreement and believes that the construction and operetion 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
previsions of applicable State and local law requirements.
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 hereby finds that the expenditure of monies from the
Housing Fund for the development of the Site is of benefit to the Project Area for the
reasons set forth above.
Section 3. The City Council finds that the disposition of the Site pursuant to the
terms and conditions of the Agreement will previde affordable housing for Iow- or
moderate-income persons.
Section 4. 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 5. The City Council hereby finds that the preposed Agreement, and
ground lease contained therein, are consistent with the Agency's Redevelopment and
Housing Implementation Plan prepared pursuant to Section 33490 of the Health and Safety
Code.
Section 6. The City Council hereby consents to the Agency's appreval of the
Disposition and Development Agreement By and Between the Poway Redevelopment
Agency, Retirement Housing Foundation, and Los Arcos Limited Partnership as may be
found on file in the Office of the City Clerk.
Resolution No. 00- 031
Page 4
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 XXXlV 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.
PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway,
at a regular meeting thereof this 2nd day of May, 2000
Don Higginso~, D~I~y Mayor
ATTEST:
Resolution No. 00- 031
Page 5
STATE OF CALIFORNIA )
) SS,
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City Council of the City of Poway, do hereby
certify under penalty of perjury that the foregoing Resolution 00- 031was duly adopted by
the City Council of the City of Poway at a regular meeting of said Council held on the 2nd
day of May, 2000, and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY,
NOES: NONE
ABSTAIN: NONE
ABSENT: REXFORD,
HIGGINSON
nne Peoples, City Cl~k
City of Poway
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