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Res 97-009RESOLUTION NO. 97-009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY APPROVING THE PUBLIC IMPROVEMENT REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF POWAY AND THE POWAY REDEVELOPMENT AGENCY AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the Poway Redevelopment Agency (the "Agency") is a community redevelopment agency organized and existing under the Community Redevelopment Law, California Health and Safety Code Sections 33000, et seq. (the "CRL") and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Poway (the "City Council"); and WHEREAS, the Agency is engaged in activities necessary and appropriate to carry out the Redevelopment Plan for the Paguay Redevelopment Project (the "Redevelopment Plan" and the "Project Area" respectively) which was adopted by the City Council pursuant to Ordinance No. 117 and thereafter amended by Ordinance Nos. 415 and 439.; and WHEREAS, the Agency has issued the $104,710,000 Poway Redevelopment Agency, Paguay Redevelopment Project, Subordinated Tax Allocation Refunding Bonds, Series 1993 and the $21,595,000 Poway Redevelopment Agency, Paguay Redevelopment Project, Tax Allocation Refunding Bonds, Series 1990A (collectively, the "Existing Senior Lien Bonded Indebtedness"); and WHEREAS, the Agency is contemplating entering into an Owner Participation Agreement (the "OPA") with the prospective owner (the "Prospective Owner") of a certain parcel of real property located within the Project Area comprising approximately one hundred seventy three and one-half (173~A) acres of what is generally known as Phase II of the Parkway Business Centre (the "Site"); and WHEREAS, the Site is also located within the boundaries of Community Facilities District No. 88-1 of the City of Poway ("CFD No. 88-1"); and WHEREAS, CFD No. 88-1 has issued the $30,000,000 City of Poway Community Facilities District No. 88-1 Special Tax Bonds, Series 1989 ("Parkway Business Centre") and the $8,000,000 City of Poway Community Facilities District No. 88-1 Special Tax Bonds, Series 1990 ("Parkway Business Centre") (collectively, the "CFD Bonds") in order to fund the development of certain public improvements within the territory of CFD No. 88-1; and WHEREAS, CFD No. 88-1 has levied special taxes against properties within the boundaries of CFD No. 88-1, including the Site, in order to pay debt service on the CFD Bonds; and WHEREAS, certain special taxes levied against the Site are delinquent and litigation has been commenced (the "Litigation") in order to foreclose upon the special tax lien and cure the delinquency; and PUBL:46696_It424122345.0016 Resolution No. 97-009 Page 2 WHEREAS, pursuant to the OPA, Agency intends to provide certain assistance to the Prospective Owner (the "Agency Assistance") in order to facilitate the settlement of the Litigation; and WHEREAS, while the Litigation has been pending, the City has loaned the principle amount of Four Million Two Hundred Thousand Dollars ($4,200,000.00) (the "City Loan") to CFD No. 88-1 to pay debt service as due on the CFD Bonds. The amount due on the City Loan as of February 28, 1997 will be Four Million Seven Hundred Forty Thousand Eight Hundred Seventy Seven Dollars ($4,740,877.00); and WHEREAS, Section 33445 of the CRL, authorizes the Agency, with the consent of the City Council of the City and upon making certain determinations, (i) to pay all or part of the value of and cost of construction of public improvements and (ii) to reimburse the City for costs incurred by the City in construction of public improvements; and WHEREAS, the City and Agency desire to enter into the Public Improvement Reimbursement Agreement (the "Agreement") in order to provide for the Agency's reimbursement of the City for the provision of the City Loan in order to partially fund debt service on the CFD Bonds and provide for the funding of the public improvements constructed at the direction CFD No. 88-1 (the "Improvements"); and WHEREAS, the City's provision of the City Loan and the Agency's reimbursement of the City therefore pursuant to the terms of the Agreement are in the vital and best interests of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local laws and the requirements under which the redevelopment of the Project Area has been undertaken. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby finds that it can be seen with certainty that there is no possibility that the Agency's reimbursement of the City for the provision of the City Loan pursuant to the Agreement may have a significant effect on the environment and therefore, pursuant to Section 15061 of the Guidelines for the California Environmental Quality Act, 14 California Code of Regulations Sections 15000, et seq., the Agreement is exempt from the provisions of the California Environmental Quality Act, California Public Resources Code Section 21000, et seq. Section 2. The City Council finds and determines that based upon substantial evidence in the record before it that the Improvements are of benefit to the Project Area. Section 3. The City Council finds and determines that based upon substantial evidence in the record before it that no other reasonable means of financing the Improvements are available to the community. PUBL:46696_l1424[22345.0016 Resolution No.97- 009 Page 3 Section 4. The City Council finds and determines that based upon substantial evidence in the record before it that the payment of funds for the Improvements will assist in the elimination of one or more blighting conditions within the Project Area and is consistent with the adopted implementation plan. Section 5. The City Council hereby approves the Public Improvement Reimbursement Agreement (the "Agreement") and authorizes the Mayor to execute the Agreement on behalf of the City. Section 6. The City Clerk is hereby directed to file a notice of exemption pursuant to the California Environmental Quality Act with the Clerk of the County of San Diego. PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway at a regular meeting this 28th day of January, 1997. Don Higginson, May&JQJ ATTEST: Marjorit I~. Wahlsten. City Clerk STATE OF CALIFORNIA ) 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. 97-009 was duly adopted by the City Council at a meeting of said City Council held on the 28th day of January, 1997, and that it was so adopted by the following vote: AYES: CAFAGNA, NOES: N0N E ABSTAIN: NO N E ABSENT: NONE EMERY, GOLDBY, REXFORD, HIGGINSON PUBL:46696_11424122345.0016 Marjor~ Wahlsten, City Clerk