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