Res 89-048RESOLUTION NO. 89- 048
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING AN AMENDMENT TO AN OWNER PARTICIPATION AGREEMENT
BY AND BETWEEN THE AGENCY AND PARKWAY PARTNERS;
DETERMINING THAT THE CONSTRUCTION AND ACQUISITION
OF CERTAIN PUBLIC IMPROVEMENTS ON OR ADJACENT
TO THE SITE IS OF BENEFIT TO THE
PAGUAY REDEVELOPMENT PROJECT AND THE IMMEDIATE
NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED;
DETERMINING THAT THERE ARE NO OTHER REASONABLE
MEANS OF FINANCING SAID IMPROVEMENTS;
AND AUTHORIZING THE EXECUTION AND DELIVERY
OF SAID OWNER PARTICIPATION AGREEMENT
WHEREAS, the Poway Redevelopment Agency ("Agency") is authorized to carry
out the redevelopment of the Paguay Redevelopment Project Area ("Project Area");
and
WHEREAS, the Redevelopment Plan for the Project area authorizes and directs
the Agency to pay all or part of the cost of the acquisition of certain public
improvements; and
WHEREAS, the Agency desires to enter into an amended Owner Participation
Agreement {"OPA"} with Parkway Partners {the "Participant"), substantially in
the form presented to the Agency at the meeting at which this resolution was
adopted.
WHEREAS, pursuant to the OPA, the Agency is required to provide financial
support toward the construction of those certain public improvements, referenced
in the OPA, particularly the "Public Improvement Acquisition Agreement"
{Attachment No. 3 thereto); and
WHEREAS, the "Site" (as defined in the OPAl and the immediate adjacent area
is deficient in respect to infrastructure to such an extent that it is not
financially feasible for the necessary improvements to be provided {il by pri-
vate enterprise acting along or {ii) by means of assessment district without
direct Agency contribution toward the efforts of such a district; and
WHEREAS, the City desires to delete the provision that would allow the City
to use the money intended for the construction of the South Poway Parkway east
to Sycamore Canyon Road to be used instead to finance the construction of the
road west to the Mercy Road interchange at Interstate 15 as approved in the
Owner Participation Agreement and by Resolution No. 88-132 on November 15, 1988.
WHEREAS, California Health and Safety Code Section 33445 provides that a
redevelopment agency may, with the consent of the legislative body, pay all or
part of the value of public buildings, facilities, structures or other improve-
ments upon a finding that such public improvements are of benefit to the project
area or the immediate neighborhood in which the project is located and that
there are no other reasonable means of financing such public improvements
available to the community;
Resolution No. 89-048
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1: The City Council hereby approves the form of the amended OPA
with the Participant presented at the meeting at which this resolution was
adopted.
Section 2: The City Council hereby determines that the acquisition,
construction and installation of the Public Improvements is of benefit to the
Project Area and the surrounding neighborhood in which the project is located.
Section 3: The City Council hereby determines that it is appropriate for
the Public Improvements to be acquired; or cause the construction and installa-
tion of the Public Improvements and that there are no other reasonable means of
financing the Public Improvements.
Section 4: The City Council consents to the provisions of assistance by the
Agency for the development of the Public Improvements.
PASSED, ADOPTED AND APPROVED, by the
California, at a regular meeting thereof
MaP$ori~/K. ~ahTst~n~, ¢i(y ~erk
Council of the City of Poway,
18th day of April, 1989.
Carl R. Kruse, Mayor
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Powax, do hereby certify
under penalty of perjury that the foregoing Resolution 89-048 was duly adopted
by the City Council at a meeting of said City Council held on the 18th day of
April, 1989, and that it was so adopted by the following vote:
6/R/PARK1-PARK2
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE
Xa~Jo~e~J %4ahT~ten,'Ci~ Clerk
City Of Poway