Res 06-005
RESOLUTION NO. 06-005
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
OCEAN PARK HOTELS-PWY, LLC, 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 Ocean Park Hotels-PWY, LLC (the "Developer") for the
development of that certain 2.95-acre property located within the Project Area at the
northeast comer of Scripps Poway Parkway and Stowe Drive in the City of Poway (the
"Site"), all as described in the Agreement; and
WHEREAS, the Site has been acquired by the Agency; and
WHEREAS, the Developer desires to acquire the Site for the purpose of
developing a new business hotel thereon (the "Development"); 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 convey fee title to
the Site to the Developer, and the Developer would construct and operate the
Development on the Site; and
WHEREAS, the purchase price of the Site pursuant to the Agreement is not
less than the fair market value of the Site, as determined by an appraisal 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 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
Resolution No. 06-005
Page 2
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 February 7, 2006, 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 business hotel on the Site;
and
WHEREAS, the Agency has adopted an Implementation Plan pursuant to
Health and Safety Code Section 33490, which sets forth the goals and objectives of the
elimination of conditions which negatively impact economic development of the
community by acquiring, removing, consolidating and rehabilitating substandard
properties; and
WHEREAS, the Agreement will assist the Agency in meeting the objectives
set forth in the Redevelopment Plan to stimulate investment of the private sector in the
full development of the Project Area, to expand the resource of developable land by
making underutilized land available for development, to provide for the enhancements
and renovation of businesses within the Project Area to promote their economic vitality,
to upgrade existing commercial and industrial uses in the Project Area, to assist in the
replanning, redesign and development of underdeveloped areas which are stagnant or
improperly utilized, and to strengthen the economic base of the Project Area and the
community by the installation or provision of needed site improvements and public
facilities to stimulate new commercial and light industrial expansion, employment and
economic growth; and
Resolution No. 06-005
Page 3
WHEREAS, Section 21090 of the California Environmental Quality Act,
California Public Resources Code Section 21000, et seq. ("CEQA"), provides that all
public and private activities and undertakings pursuant to or in furtherance of, a
redevelopment plan are deemed to be a single project. and further environmental
assessment under CEQA for a project which is consistent with the redevelopment plan
shall be limited to cases in which effects upon the environment which are peculiar to the
project and which were not addressed as significant effects in the redevelopment plan
environmental impact report ("EIR"), or in which substantial new information shows will
be more significant than described in the redevelopment plan EIR; and
WHEREAS, the City, as the Lead Agency, has approved a Negative
Declaration with regard to the Development in accordance with the requirements of
CEQA; 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Poway as follows:
1. The City Council finds and determines that, based upon substantial evidence
provided in the record before it, the consideration for the Agency's disposition of the Site
pursuant to the terms and conditions of the Agreement is not less than the fair market
value of the Site.
2. 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.
3. The City Council hereby finds and determines that the Agreement is
consistent with the provisions and goals of the Implementation Plan.
4. The City Council hereby consents to the Agency's approval of the Agreement
and its sale of the Site pursuant to the Agreement.
5. The City Clerk shall certify to the adoption of this Resolution.
Resolution No. 06-005
Page 4
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California. at a regular meeting this ih day of February 2006.
Michael P. Ca
, ayor
ATTEST:
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No.06-005, was duly adopted by the
City Council at a meeting of said City Council held on the 7th day of February 2006, and
that it was so adopted by the following votes:
AYES:
BOYACK, EMERY, HIGGINSON, CAFAGNA
NOES:
NONE
ABSENT:
REXFORD
DISQUALIFIED:
NONE
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L. Diane Shea, City Clerk
City of Poway