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Res 97-094RESOLUTION NO. 97- 094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA CONSENTING TO THE APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE POWAY REDEVELOPMENT AGENCY AND MATT TRAVIS AS TRUSTEE OF THE TRAVIS FAMILY TRUST DATED NOVEMBER 11, 1993 AND HMT AUTOMOTIVE, 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 Matt Travis as Trustee of the Travis Family Trust dated November 11, 1993 and HMT Automotive, Inc. (the "Developer") for the development of certain property located within the Project Area near the southwest corner of Poway Road and Midland Road (the "Site"), all as described in the Agreement; and WHEREAS, the Site has been owned by the Agency since 1987, and was previously developed for urban use; and WHEREAS, the Developer desires to acquire the Site for the purpose of developing thereon a new high quality automobile dealership (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 desires to convey fee title to the Site to the Developer in consideration for the Developer's payment of Four Hundred Fifty Thousand Dollars, and the Developer's agreement to 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 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 Iow and moderate income persons, that the consideration for such sale is not less than either the fair market Resolution No. 97-094 Page 2 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 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 November 4, 1997, 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 remove such blighting conditions by providing for the construction of a high quality automobile dealership facility in its place; and WHEREAS, the Agency has adopted an Implementation Plan pursuant to Health and Safety Code Section 33490, which sets forth the goals of the elimination of environmental deficiencies and visual blight along Poway Road, the assembly and disposition of land into parcels suitable for modern integrated development with approved pedestrian and vehicular circulation in the Project Area, and the strengthening of the economic base of the Project Area and the community by the installation and provision of needed site improvements and public facilities to stimulate new commercial/light industrial expansion, employment and economic growth; and WHEREAS, the Agreement furthers the goals of the Agency set forth in the Implementation Plan by creating and disposing of a parcel suitable for modern development with appropriate vehicular and pedestrian circulation, by replacing the Resolution No. 97- 094 Page 3 visual blight on the Site with a high quality automobile dealership facility on the Site, and by creating a new business with associated jobs and economic activity on the Site; and WHEREAS, the Agreement is not subject to review pursuant to the California Environmental Quality Act; 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 reuse value of the Site, in accordance with covenants and conditions governing the sale, and the development costs required under the Agreement. 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. PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway, at a regular meeting thereof this 4th day of November, 1997. ATTEST: Don Higg' , r~o Marjorie K. Wahlsten, City Clerk Resolution No. 97-094 Page 4 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 97- 094 was duly adopted by the City Council of the City of Poway at a regular meeting hereof, held on the 4th day of November, 1997 by the following vote: AYES: Council Members: CAFAGNA, NOES: Council Members: NONE ABSENT: Council Members: GOLDBY ABSTAIN: Council Members: NONE EMERY, REXFORD, HIGGINSON Marjorie K.~ Wahlsten, City Clerk