Res 05-070
RESOLUTION NO. 05-070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY
CONSENTING TO THE APPROVAL OF A DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE POWAY
REDEVELOPMENT AGENCY AND A LA CARTE, INC., AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Poway Redevelopment Agency (the "Agency") is engaged in
activities necessary to carry out and implement the Redevelopment Plan for the Paguay
Redevelopment Project (the "Project"); and
WHEREAS, in order to carry out and implement such Redevelopment Plan the
Agency proposes to enter into that certain Disposition and Development Agreement (the
"Agreement") with A La Carte, Inc. (the "Developer") for the development of certain
property located within the Project Area adjacent to and west of Community Road, and
sOluth of Hilleary Place in the City of Poway (the "Site"), all as described in the
Agreement; and
WHEREAS, the Developer desires to acquire the Site for the purpose of
developing an office building (the "Office Development") on the Site, with associated
parking and landscaping; and
WHEREAS, the Purchase Agreement between the Agency and Jeffries, Pagnini
& Nunn requires the Agency to provide Donald A. Nunn (the "Buyer") an opportunity to
purchase the completed Office Development on the Site; and
WHEREAS, the Developer and the Buyer have entered into a Purchase
Agreement which provides for the Buyer to purchase the Site after the Office
Development has been completed, and, in addition, the Agency and the Developer have
concurrently entered a separate purchase agreement which provides for the Agency to
purchase the Site after the completion of the Office Development in the event that the
Buyer does not purchase the Site pursuant to the Purchase Agreement; and
WHEREAS, the Developer has submitted to the Agency and the City Council of
the City of Poway (the "City Council") copies of the Agreement in a form executed by
the Developer; and
WHEREAS, pursuant to the Agreement, the Agency would sell the Site to the
Developer, and the Developer would construct the Office Development on the Site; and
WHEREAS, the purchase price payable by Developer for the Site pursuant to the
Agreement is not less than the fair reuse value of the Site, as determined by a reuse
value analysis commissioned by the Agency; and
WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law
(California Health and Safety Code Section 33000, et seq.), the Agency is authorized,
with the approval of the City Council after a duly noticed public hearing, to sell the Site
for development pursuant to the Redevelopment Plan upon a determination by the City
Council that the sale of the property will either assist in the elimination of blight or
provide affordable housing for low and moderate income persons, that the consideration
for such sale is not less than either the fair market value or fair reuse value of the Site in
Resolution No. 05-070
Page 2
accordance with the covenants and conditions governing the sale and the development
costs required thereof, and that the sale is consistent with the implementation plan
which has been adopted by the Agency for the Project; and
WHEREAS, a joint public hearing of the Agency and City Council on the
proposed Agreement was duly noticed in accordance with the requirements of Health
and Safety Code Sections 33431 and 33433; and
WHEREAS, the proposed Agreement, and a summary report meeting the
requirements of Health and Safety Code Section 33433, were available for public
inspection prior to the joint public hearing consistent with the requirements of Health
and Safety Code Section 33433; and
WHEREAS, on June 28, 2005, the Agency and City Council held a joint public
hearing on the proposed Agreement, at which time the City Council reviewed and
evaluated all of the information, testimony, and evidence presented during the joint
public hearing; and
WHEREAS, all actions required by all applicable law with respect to the
proposed Agreement have been taken in an appropriate and timely manner; and
WHEREAS, the City Council has reviewed the summary required pursuant to
Health and Safety Code Section 33433 and evaluated other information provided to it
pertaining to the findings required pursuant to Health and Safety Code Section 33433;
and
WHEREAS, the City Council has previously determined, in its adoption of the
ordinance approving the Paguay Redevelopment Project, that the Site was blighted;
and
WHEREAS, the Agreement would provide for the elimination of such blighting
conditions by providing for the construction of a high quality office building on the Site;
and
WHEREAS, the Agency has adopted an Implementation Plan pursuant to Health
and Safety Code Section 33490, which identifies the goals and objectives of the
enhancement and renovation of businesses to promote their economic viability; the
expansion of the resource of developable land by making underutilized land available
for development; the assembly and disposition of land into parcels suitable for modern,
integrated development with improved pedestrian and vehicular circulation; and the
replanning, redesign and development of underdeveloped areas, which are stagnant or
improperly utilized; and
WHEREAS, the Agreement will assist the Agency in meeting the objectives set
forth in the Implementation Plan by providing for the development and operation of the
Office Development on the Site; and
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Page 3
WHEREAS, the City Council, as the Lead Agency pursuant to the California
Environmental Quality Act, California Public Resources Code Section 21000, et seq.
("CEQA"), has adopted on May 31, 2005 a Mitigated Negative Declaration in connection
with the City Council's approval of General Plan Amendment 05-01, Zone Change 05-
01, Specific Plan 05-01, Development Review (DR) 05-05, and DR 05-06; and
WHEREAS, the City Council has duly considered all terms and conditions of the
proposed Agreement and believes that the redevelopment of the Site pursuant thereto
is in the best interests of the City of Poway and the health, safety, and welfare of its
residents, and in accord with the public purposes and provisions of applicable state and
local laws and requirements.
that:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
Section 1. Each of the foregoing recitals is true and correct.
Section 2. The City Council finds and determines that, based upon substantial
evidence provided in the record before it, the consideration for the Agency's sale of the
Site pursuant to the terms and conditions of the Agreement is not less than the fair
reuse value of the Site, in accordance with covenants and conditions governing the
sale, and the development costs required under the Agreement.
Section 3. The City Council hereby finds and determines that the disposition of
the Site pursuant to the Agreement will eliminate blight within the Project Area by
providing for the proper reuse and redevelopment of a portion of the Project Area which
was declared blighted for the reasons described above.
Section 4. The City Council hereby finds and determines that the Agreement
is consistent with the provisions and goals of the Implementation Plan.
Section 5. The City Council hereby consents to the Agency's approval of the
Agreement and its sale of the Site pursuant to the Agreement.
Section 6. The City Council hereby finds and determines that there have been
no substantial changes in the Office Development project or the circumstances under
which the Office Development project is undertaken, and there is no new information
with respect to the Office Development Project, which would require any further
environmental analysis or approvals pursuant to CEQA.
Section 7. This Resolution shall take effect from and after its date of adoption.
Resolution No. 05-070
Page 4
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
at a regular meeting, this 28th day of June 2005.
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify that the
foregoing Resolution No. 05-070, was duly adopted by the City Council at a meeting of
said City Council held on the 28th day of June 2005, and that it was so adopted by the
following vote:
AYES:
BOYACK,EMERY,REXFORD,CAFANGA
NOES:
NONE
ABSENT:
HIGGINSON
DISQUALIFIED:
NONE
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City of Poway