Res 90-100RESOLUTION NO. 90-100
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POWAY APPROVING THE DISPOSITION OF
CERTAIN REAL PROPERTY PURSUANT TO AN OWNER
PARTICIPATION AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF POWAY
AND McMILLIN COMMUNITIES, 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 conveyance of
real property for private development; and
WHEREAS, the Agency desires to enter into an Owner
Participation Agreement (the "Agzeement") with McMillin
Communities, Inc., a California corporation, (the
"Participant"), which Agreement provides for the development of
certain public improvements (the "Improvements") and the
transfer of a portion of the "Site," which is_that certain
portion of the Project Area as set forth 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 disposition of real property 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 City Council has duly considered all
terms and conditions of the proposed Agreement and believes
that the development of the Site pursuant to the subject
Agreement is in the best interests of the City and the health,
safety and welfare of its residents.
NOW, THEREFORE, the City Council of the City of Poway
does hereby resolve as follows:
Section 1: Pursuant to the California Environmental
Quality Act (CEQA), Public Resources Code Section 21090 and
Section 151080 of Guidelines adopted pursuant thereto the
Agreement is an activity pursuant to and in furtherance of the
Redevelopment Plan for the Project Area and the previously
certified EIR for the South Poway Planned Community (SPPC); the
addendum to the EIR for the McMillin Property; the subsequent
EIR for SPPC and the initial study prepared for the specific
Resolution No. 90-100
Page 2
plan amendment 84-01D and tentative map 88-04R remain adequate
to address any environmental impacts potentially caused by this
project.
Section 2: Pursuant to Health and Safety Code Section
33445: (i) the provision of the Improvements is of benefit to
the Project Area and the neighborhood in which such
Improvements are to be situated; and (ii) no o£her reasonable
means of financing the Improvements are available to the City
of Poway.
Section 3: Based upon the testimony and information
presented during the public hearing with respect to the
Agreement, the consideration for the real property to be
transferred to the Participant by deed is in compliance with
and evaluated pursuant to Health and Safety Code Section 33433,
and the value thereof is determined at the highest use
permitted under the Redevelopment Plan, but that such
consideration is necessary to secure the commitment of
Participant to execute the Agreement, which Agreement will
significantly benefit the Agency and the community by
alleviating blighting conditions, generating reyenues, and
providing for high-quality development activities to stimulate
the economic enhancement of the Project Area.
Section 4: The City Council hereby approves the
Agreement and all of its provisions including without
limitation the attachments therein, and authorizes the Mayor,
the City Manager and the City Clerk to execute all documents
referenced in the Agreement necessary to effectuate the
provisions of the Agreement.
PASSED, APPROVED, and ADOPTED this 15th
of ~Y , 1990 by the following vote:
day
AYES:
NOES: EMERY
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
05/07/90
9584n/2345/021
BRANNON, GOLDSMITH, KRUSE, HIGGINSON
Mayor of th~ ~i~3~Jof Poway
-2-
Resolution No. 90-100
Page 3
Resolution No. 90-
Page 3
STATE OF CALIFORNIA )
) ~o
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify the foregoing Resolution No. 90-100 was duly
adopted by the City Council at a meeting of said City Council on
the 15th day of May, 1990, and that it was so adopted by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BRANNON, GOLDSMITH, KRUSE, HIGGINSON
EMERY
NONE
NONE
Marjor~e~K. Wahlsten, City Clerk
City o~way