Res 92-005RESOLUTION NO. 92-005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY APPROVING A FIRST AMENDED DISPOSITION
AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE
POWAY REDEVELOPMENT AGENCY AND POWAY MOTORS, INC.
WHEREAS, the Poway Redevelopment Agency (the "Agency")
and Poway Motors, Inc. (the "Developer") entered into a certain
Disposition and Development Agreement, dated as of
~anuary ~ , 1991 (the "DDA") for the disposition and
development of certain private improvements within the Paguay
Redevelopment Project (the "Project"); and
WHEREAS, the Developer and the Agency are proceeding to
perform their respective obligations pursuant to the DDA; and
WHEREAS, the Developer and the Agency desire to approve a
restated and amended DDA (as on file in the city Clerk's Office,
which constitutes the "Amendment") to supplement the te£ms of the
DDA; and
WHEREAS, the approval and execution of the Amendment will
facilitate the orderly completion of improvements by the Developer
as contemplated in the DDA and in furtherance of the Redevelopment
Plan for the Paguay Redevelopment Project (the "Redevelopment
Plan"); and
WHEREAS, the Agency and the City Council of the City of Poway
(the "City Council") have conducted a duly noticed joint public
hearing regarding the proposed acquisition and disposition of real
property in accordance with California Health and Safety Code
Sections 33431 and 33433; and
WHEREAS, the staff report pertaining to the Amendment, which
has been on display prior to the joint public hearing in accordance
with Section 33433 of the california Health and Safety Code,
contains a detailed description of the provisions of the Amendment;
NOW, THEREFORE, the City Council of the City of Poway does
resolve as follows:
Section 1: The Environmental Determination prepared with
respect to the DDA remains valid as the Amendment does not propose
any changes which would have a significant effect on the
environment.
Resolution No. 92-005
Page 2
Section 2: The city Council finds and determines, based upon
the testimony and information presented during the public hearing
with respect to theAmendment, that the consideration for the real
property to be transferred to the Developer by deed is at less than
the fair market value thereof determined at the highest use
permitted under the Redevelopment Plan, but that such lesser
consideration is necessary to secure the commitment of Developer to
execute the Amendment, which Amendment will significantly benefit
the Agency and the community by alleviating blighting conditions,
generating revenues, and providing for high-quality development
activities to stimulate the economic enhancement of the Project in
accordance with the DDA.
Section 3: The City Council finds and determines that: (a)
the approval of the Amendment will promote the objectives of the
Redevelopment Plan and promote the healthy, safety and welfare of
the citizens of the City of Poway; and (b) the Amendment is
consistent with the orderly development of the improvements to be
provided by the Developer pursuant to the DDA.
Section 4: The City Council approves the Amendment in the
form as on file in the city Clerk's office and authorizes and
directs the Mayor and the city Manager to execute that Amendment
and such other documents as may be necessary or appropriate to
effectuate the DDA as now amended.
PASSED, APPROVED, AND ADOPTED by the City of Poway at a
regular meeting thereof this 7th day of January ,
1992.
ATTEST:
Jan ol mi h, Mayor
Wahl sten,
Marjor~ K. City Clerk
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Resolution No. 92405
Page 3
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
ss.
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify, under the penalty of perjury, that the foregoing
Resolution No. 92~05 , was duly adopted by the City Council
at a meeting of said City Council held on the 7th day of
Janua~ , 1992, and that it was so adopted by the
following vote:
AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES: NONE
ABSTAIN: NONE
ABSENT: N0N E
Marj~ri~ K. Wahlsten, City Clerk
City ~f Poway
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