Res 92-037RESOLUTION NO. 92- 037
A RESOLUTION OF THE CITY COUNCIL OF lHE CITY OF POWAY
APPROVING A FIRST AMENDMENT TO THE OWNER PARTICIPATION AGREEMENT
BY AND BETWEEN THE POWAY REDEVELOPMENT AGENCY AND ADI PROPERTIES, INC.
WHEREAS, the Poway Redevelopment Agency (the "Agency") and ADI Properties,
Inc. (the "Developer") entered into a certain Owner Participation Agreement,
dated June 27, 1989 (the "OPA") for the development of a certain portion of
the Paguay Redevelopment Project Area (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 Developer and the Agency are proceeding to perform their
respective obligations pursuant to the OPA; and
WHEREAS, the Developer and the Agency desire to approve an amendment to the
OPA (as on file in the City Clerk's office) incorporated herein, which
constitutes the "Amendment") to supplement and modify the terms of the OPA;
and
WHEREAS, the Paguay Redevelopment Plan (the "Plan") for the Project Area
authorizes and directs the Agency to pay all or part of the value of the
acquisition and construction of public improvements, which are enumerated in
materials referenced in the Redevelopment Plan; and
WHEREAS, the Agency desires to contribute toward the cost of the public
improvements enumerated in the OPA and in this Amendment; and
WHEREAS, California Health and Safety Code Section 33445 provides that the
Agency may, with the consent of the legislative body, pay all or part of the
value of public building, facilities, structures or other improvements 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 is
no other reasonable means of financing such public improvements available for
the community; and
Resolution No. 92- 037
Page 2
WHEREAS, the Agreement provides for the development of a commercial center,
including theater, restaurant, retail and office buildings which are of
benefit to the Project Area and are essential to its development according to
the Plan.
NOW, THEREFORE, the City Council of the City of Poway does resolve as follows:
Section 1: The EIR prepared with respect to the Project (and all undertakings
pursuant thereto) which was certified and approved by the City Council
pursuant to Resolution No. 89-088, is hereby certified and approved to be
adequate for this Amendment as there are no material changes which would have
an environmental effect.
Section 2: The City Council finds and determines, based upon the testimony and
information presented during the public hearing with respect to the Agreement,
that: (a) the approval of the Amendment will promote the objectives of the
Redevelopment Plan and promote the health, safety and welfare of the citizens
of the City of Poway; and {b) the Amendment is consistent with the orderly
development of the improvements to be provided by the Developer pursuant to
the OPA.
Section 3: 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 other reasonable means
of financing the improvements are available to the City of Poway.
Section 4: The City Council approves the Amendment as on file in the City
Clerk's office and authorizes and directs the Chairman and the Executive
Director of the Agency to execute that Amendment and such other documents as
may be determined by the City Attorney to be necessary or appropriate to
effectuate the OPA as now amended.
Resolution No. 92-037
Page 3
PASSED, ADOPTED AND APPROVED, by the City Council of Poway
regular meeting thereof this 18 day of February, 1992.
ATIESI:
jori.ke~. Wahlsten, City Clerk
STATE OF CALIFORNIA )
SS.
COUNTY OF SAN DIEGO )
, California, at a
Mayor
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify
the foregoing Resolution No. 92- 037 was duly adopted by the City Council at a
meeting of said City Council on the 18th day of February , 1992 and that it
was so adopted by the following vote:
AYES: HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES: EMERY
ABSTAIN: NONE
ABSENT: NONE
Marjor~ie~(. Wahlsten, City Clerk
City of~jbway
PC-C:\CREEKSID.RESOLUTI