Res 01-096RESOLUTION NO. 01-096
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA
CONSENTING TO THE TRANSFER OF PROPERTY TO ADJACENT PROPERTY
OWNERS ALONG ILENE STREET, 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
City proposes to transfer a .25-acre property to adjacent property owners along Ilene
Street ("llene Street Owners") located within the Project Area, south of the Poway Fun
Bowl and north of the residential property along Ilene Street; and
WHEREAS, the Site has been owned by the City since 1987 and was not
previously developed for urban use; and
WHEREAS, the City intends to maintain a drainage easement for the
maintenance of drainage improvements on site.
WHEREAS, the City of Poway desires to convey fee title to the Site to the Ilene
Street owners for no consideration; 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 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
Resolution No. 01-096
Page 2
inspection prior to the joint public hearing consistent with the requirements of Health
and Safety Code Sections 33431 and 33433; 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 33431
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 Agency has adopted an Implementation Plan pursuant to
Health and Safety Code Section 33490, which sets forth the following goals:
The elimination of flooding by construction of flood control detention basins and
improvements to flood control channels;
The elimination of derLciencies in trunk line sewer and water distribution systems
to increase system capacities and extend lines as required to serve the Project
Area's ultimate build-out population in conformance with the General Plan;
The acquisition and resubdividing of properties that have been laid out in
disregard of the contours and other topography or physical characteristics of the
ground and surrounding conditions and suffers from economic disuse and
dislocation;
The elimination of environmental deficiencies and visual blight, especially along
Poway Road;
The assembly and disposition of land into parcels suitable for modern integrated
development with improved pedestrian and vehicular circulation in the Project
Area;
Development or redevelopment of land by private enterprise or public agencies
for purposes and uses consistent with the objectives of this Redevelopment Plan;
· Assisting the City in the implementation of the General Plan;
Disposition of property, including the lease or sale of land at the value
determined by the Agency for reuse in accordance with this Redevelopment
Plan; and
Disposing of City property acquired but no longer required;
Resolution No. 01- 096
Page 3
If approved, the sale of the site will assist the efforts by the Redevelopment Agency
and the City in the elimination of blight within the Project Area and address the
conditions noted above more specifically by:
· Assisting in implementing the General Plan; and
· Reduction of future maintenance costs of property owned by the City or
Redevelopment Agency; 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 transfer of the Site 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 City'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 transfer of
these properties.
5. The City Clerk shall certify to the adoption of this Resolution.
Resolution No. 01- 096
Page 4
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting thereof this 23rd day of October, 2001.
ATTEST:
YMi~ or
Lc~ri A. Peop,es, ukyIClerK
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
SS.
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under the
penalty of perjury, that the foregoing Resolution No. 01- 096 , was duly adopted by the
City Council at a meeting of said City Council held on the 23rd day of October, 2001,
and that it was so adopted by the following vote:
AYES: EMERY,
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
GOLDBY, HIGGINSON, REXFORD, CAFAGNA
City of Poway
C:\My Documents\reso-ilene st.doc