Res 89-089RESOLUTION NO. 89-089
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING AN OWNER PARTICIPATION AGREEMENT
BY AND AMONG THE
POWAY REDEVELOPMENT AGENCY AND
ADI PROPERTIES, INC.
WHEREAS, the Redevelopment Agency of the City of Poway {the "Agency"} is
authorized to conduct redevelopment activities within the Paguay Redevelopment
Project Area {the "Project Area"), which activities include the acquisition and
conveyance of real property for private development; and
WHEREAS, the Agency desires to enter into an Owner Participation Agreement
(the "Agreement") with ADI Properties, Inc. a California corporation {the
"Participant"), which agreement provides for the development of a certain por-
tion of the Project Area as a commercial center and construction of certain
public improvements generally situated on the south side of Poway Road between
Community and Midland Roads as set forth in greater particularity in the
Agreement; and
WHEREAS, the Agency and the City Council of the City ("City Council") have
conducted a duly noticed joint public hearing regarding the proposed Agreement
in accordance with California Health and Safety Code Sections 33431 and 33433;
and
WHEREAS, the staff report pertaining to the Agreement, 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 Agreement; and
WHEREAS, The Agreement provides for the development of a commercial center,
including retail, restaurant and office buildings which are a benefit to the
project area and are essential to its development according to the Paguay
Redevelopment Plan; and
WHEREAS, the City Council has reviewed the EIR for this project which was
previously certified as being in conformance with CEQA requirements and approved
as adequate by the City Council on June 13, 1989;
NOW THEREFORE, the City Council of the City of Poway does hereby resolve as
follows:
Section 1. The City Council finds and determines that the EIR, as pre-
viously certified and approved, is adequate for this project.
Section 2. The City Council finds and determines, based upon the testi-
mony and information presented during the public hearing with respect to the
Agreement, that the proposed development is a benefit to the Project Area and is
essential to its development according to the Redevelopment Plan.
Resolution No. 89-089
Page 2
Section 3. The City Councl] hereby approves the Agreement and a]] of its
provisions, including without limitation, the attachments thereto and authorizes
the Chairman and the Executive Director to execute all documents referenced in
the Agreement and necessary to effectuate the provisions of the Agreement.
PASSED, ADOPTED AND APPROVED, by the Ci~j~Council of the City of Poway,
California, at a regular meeting thereof this/~3~h day of June, 1989.
II~
Carl R. Kruse, Mayor
ATTEST:
Marjorie )~. Wahlsten, City Clerk
STATE OF CALIFORNIA )
) SS.
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. 89- 089 was duly
adopted by the City Council at a meeting of said City Council held on the 13th
day of June, 1989, and that it was so adopted by the following vote:
AYES:
NOES:
BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE
NONE
ABSTAIN: NONE
ABSENT: NONE
Marjorie l~. Wahlsten, City Clerk
City or.ay
6/R/HALEY1 -2