Res 00-060RESOLUTION NO. 00-060
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, BREIHAN HOUSING ASSOCIATES,
AND COMMUNITY HOUSING OF NORTH COUNTY
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 February 29, 2000, 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, Breihan Housing Associates, a
California limited partnership (the "Developer"), and Community Housing of North
County, 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 affordable, family housing (the "Development"); and
WHEREAS, the Agency approved the Redevelopment and Housing
Implementation Plan, pursuant to the requirements of Health and Safety Code Section
33490, on June 29, 1999, which identified the 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
Resolution No. 00- 060
Page 2
WHEREAS, the Agency approved a Comprehensive Affordable Housing
Strategy on April 16, 1996, which confirmed that the Site would be developed as
affordable family 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 North County Times and 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 27, 2000, 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. 00- 060
Page 3
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway, 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 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, Breihan Housing Associates, and Community Housing of North County as may
be found on file in the Office of the City Clerk.
Section 6. 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. 00-060
Page 4
PASSED, ADOPTED AND APPROVED, by the City Council of the City of
Poway, California, at a regular meeting thereof this 27th day of June, 2000.
Don Higginson, Depu Ma~l~yor
ATTEST:
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 that the foregoing Resolution No. 00- 060 was duly adopted by the City
Council at a regular meeting of said Council on the 27th day of June, 2000, and that it
was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA
E-ori Anne Pe~)ples, Cit~ C~rk
City of Poway