Res 92-203RESOLUTION NO. 92-203
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POWAY APPROVING A FIRST AMENDMENT
TO THE OWNER PARTICIPATION AGREEMENT BY
AND BETWEEN THE POWAY REDEVELOPMENT AGENCY
AND WAL-MART STORES, INC.
WHEREAS, the Poway Redevelopment Agency (the "Agency") and Wal-Mart Sores,
Inc. (the "Participant") entered into a certain Owner Participation Agreement,
dated November 27, 1990 (the "OPA") for the acquisition and development of a
certain portion of the Paguay Redevelopment Project Area (the "Project Area");
and
WHEREAS, the Participant and the Agency are proceeding to perform their
respective obligations pursuant to the OPA; and
WHEREAS, the Participant and the Agency desire to approve an amendment to the
OPA (as on file in the City Clerk's Office) to supplement and modify the terms
of the OPA; 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
Redevelopment Agency may, with the approval of the legislative body, pay all or
part of the value of public buildings, 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.
NOW, THEREFORE, the City Council of the City of Poway does resolve as
follows:
Section 1: The Environmental Initial Study that was conducted on this
project and resulted in a Negative Declaration (and all undertakings pursuant
thereto) which was approved by the City Council is hereby 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 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 Participant pursuant to the OPA.
Section 3: Pursuant to Health and Safety Code Section 33445; (i) the
provisions of the improvements is of benefit to the Project Area and the
Resolution No. 92-203
Page 2
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.
PASSED, ADOPTED AND APPROVED, by the City Council of Poway, California, at
a regular meeting thereof this 15th day of December, 1992.
ATTEST:
Marjor~.Wahlsten, City Clerk
STATE OF CALIFORNIA )
) SSo
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify the
foregoing Resolution No. 92~03 was duly adopted bythe City Council at a meeting
of said City Council on the 15th day of December, 1992, and that it was so
adopted by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
K:wm-reso.jdf
Marjori~ Wahlsten, City Clerk