Res 10-044RESOLUTION NO. 10 -044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA
MAKING REQUIRED STATUTORY FINDINGS PURSUANT TO GOVERNMENT CODE
65402 IN CONNECTION WITH THE POSSIBLE ACQUISITION BY THE POWAY
REDEVELOPMENT AGENCY OF CERTAIN REAL PROPERTY LOCATED WITHIN
THE PAGUAY REDEVELOPMENT PROJECT AREA
WHEREAS, pursuant to the California Community Redevelopment Law (Health
and Safety Code Section 33000 et seq.; the "Redevelopment Law "), the City Council
(the "City Council ") of the City of Poway (the "City') has adopted, and the Poway
Redevelopment Agency (the "Agency ") is responsible for implementing the Amended
and Restated Redevelopment Plan for the Paguay Redevelopment Project Area
adopted by the City Council of the City of Poway by Ordinance No. 117 on January 12,
1984, as amended by Ordinance No. 414 on July 14, 1993, as amended by Ordinance
No. 439 on January 13, 1995, as amended by Ordinance No. 593 on January 1, 2004,
as amended by Ordinance No. 605 on September 16, 2004, as amended by Ordinance
No. 611 on November 25, 2004, as amended by Ordinance No. 641 on August 17,
2006, and as further amended by Ordinance No. 657 on July 12, 2007 (as amended
from time to time, the 'Redevelopment Plan "); and
WHEREAS, to assist in implementing the Redevelopment Plan, the Agency on
December 15, 2009 adopted a five -year implementation plan (the "Implementation
Plan ") pursuant to Section 33490 of the Redevelopment Law; and
WHEREAS, Pinnacle Realty of Louisiana, L.L.C., a Louisiana limited liability
company ( "PRL ") owns and operates the Toyota of Poway auto dealership located at
13760 Poway Road, Poway, California.
WHEREAS, on January 29, 2010, PRL entered into that certain Sale of Real
Estate Contract, as amended by a First Amendment to Sale of Real Estate Contract
dated March 4, 2010, as further amended May 2010 by holographic amendment to that
certain First Amendment to Sale of Real Estate Contract dated March 4, 2010, as
further amended by that certain Second Amendment to Sale of Real Estate Contract
dated July , 2010 (collectively the "Purchase Agreement ") with Chrysler Group
Realty Company, LLC, a Delaware limited liability company (the "Seller "), for the
purchase of certain real property and improvements located at 13655 Poway Road,
Poway, California (the "Property ") as more particularly described in the attached Exhibit
A, for the purchase price of Two Million Eight Hundred Thousand Dollars ($2,800,000)
(the "Purchase Price ").
WHEREAS, in furtherance of the Paguay Redevelopment Plan, the
Implementation Plan, and the City General Plan, the Agency desires to cause
redevelopment and rehabilitation of the Property, which a California affiliate of PRL will
develop together with the two adjoining parcels of real property located on 13611 and
13631 Poway Road, Poway, California (the 'PRL Property "). The Property and the PRL
Property will hereinafter collectively be referred to as the "New Toyota Site." The
redevelopment of the New Toyota Site will include the rehabilitation of approximately
45,000 square feet of existing buildings, landscaping and other site improvements,
Resolution No. 10 -044
Page 2
include an upgrade of up to 10,000 square feet of new building area that may be added,
in order to reestablish automobile sales and service uses on the New Toyota Site (the
"Project "); and
WHEREAS, in accordance with Sections 33391(a) of the Redevelopment Law,
the Agency desires to enter into the certain Assignment and Assumption Agreement
(the "Assignment Agreement ") with PRL, substantially in the form on file with the
Agency Secretary, pursuant to which, among other matters, the Agency will accept the
assignment of PRL's right to purchase the Property pursuant to the Purchase
Agreement.
WHEREAS, the Agency has placed on file a copy of the Assignment Agreement
and Purchase Agreement, and has made those agreements available for public
inspection and copying; and
WHEREAS, by this resolution the City Council, acting in its capacity as the City's
"planning agency," pursuant to the requirements of Government Code Section 65402
desires to make the findings, determination and report that the location, purpose and
extent of the proposed acquisition of the Property in accordance with the Assignment
Agreement and Purchase Agreement conforms to the City's General Plan; and
WHEREAS, the following additional materials (collectively, the "Supporting
Documents ") have been presented to and considered by the City Council in support of
the findings and approvals set forth in this Resolution: (1) the staff report of July 6,
2010 accompanying this Resolution; (2) the Purchase Agreement; and (3) the
Assignment, Agreement. The Supporting Documents are hereby incorporated by
reference in this Resolution and, together with the above recitals (the "Recitals "), form
the evidentiary basis and establish the analytical route for reaching the ultimate findings
and conclusions contained in this Resolution.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby finds that
the above Recitals are true and correct and have served, together with the Supporting
Documents, as the basis for the findings and approvals set forth below.
BE IT FURTHER RESOLVED, that the City Council, acting in its capacity as the
City's "planning agency," pursuant to the requirements of Government Code Section
65402 hereby finds and determines and reports that the location, purpose and extent of
the proposed acquisition of the Property in conformance with the Assignment
Agreement and Purchase Agreement conforms to the City's General Plan. This finding,
determination, and report is based on the facts and analysis set forth in the Recitals and
the Supporting Documents, which may be briefly synopsized as follows:
1. The General Plan designation for the use of the Property is
automotive /general commercial; and
2. The scope of the Project being negotiated pursuant to the
Assignment Agreement is consistent with the General Plan designation for the Property.
Resolution No. 10 -044
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BE IT FURTHER RESOLVED, that nothing in this Resolution shall affect the
City's policy discretion in granting or denying the Planning Approvals related to the
Property or any other portion of the New Toyota Site.
BE IT FURTHER RESOLVED, that the City Council hereby designates the City
Clerk as the custodian of the documents and other material which constitute the record
of proceedings upon which the decision herein is based. These documents may be
found at the City Clerk's Office at 13325 Civic Center Drive, Poway, California 92064.
BE IT FURTHER RESOLVED, that this Resolution shall take immediate effect
from and after its passage.
PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway
at a regular meeting thereof this 6th day of July, 2010-
Don Higginson, Mayor
ATTEST:
Lin royan, MMC, City erk
Resolution No. 10 -044
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STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 10 -044 was duly adopted by the
City Council at a meeting of said City Council on the 6'h day of July 2010, and that it was
so adopted by the following vote:
AYES: BOYACK, CUNNINGHAM, MULLIN, KRUSE, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
da Troyan, MMC, City Clerk
Exhibit A
CHRYSLER SITE
13655 Poway Road