Res 97-027RESOLUTION NO. 97- 027
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY
APPROVING EXPENDITURES FOR PUBLIC IMPROVEMENTS PURSUANT
TO AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE POWAY
REDEVELOPMENT AGENCY AND POWAY PARTNERS, L.L.C. 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 and Poway Partners, L.L.C. (the Participant") propose to enter
into an Owner Participation Agreement (the "OPA") with regard to a certain parcel of real
property within the Project Area located south of the intersection of Stowe Drive and Scripps
Poway Parkway, Poway, California (the "Site"); and
WHEREAS, pursuant to the OPA, the Participant is to install certain improvements and
the Agency is to provide certain assistance to the Participant (the "Agency Assistance") in order
to ensure the construction of certain off-site public improvements by the Participant all as set
forth in the OPA; and
WHEREAS, Section 33445 of the CRL authorizes the Agency, with the consent of the
City Council and upon making certain determinations, to pay all or part of the value of and cost
of the installation of any building, facility, structure, or other improvement which is publicly
owned either within or without the Project Area; and
WHEREAS, the Agency's financing of the costs of the public improvements pursuant
to the OPA is of benefit to the Project Area and the surrounding development, and is necessary
to effectuate the purposes of the Redevelopment Plan by assisting the Agency in the elimination
of blight in the Project Area, increasing economic activity, increasing employment opportunities
within the Project Area and providing an environment for the social, economic and psychological
growth and well-being of the citizens of the City; and
WHEREAS, there are no other reasonable means of financing the cost of the
construction and installation of the public improvements available to the community, in particular
general fund and capital funds of the community are already committed to other public
programs, projects, and purposes; and
Resolution No. 97-027
Page 2
VOtEREAS, the Agency's financing of the costs of the public improvements pursuant
to the OPA will assist in the elimination of blight by providing for much needed infrastructure
improvements in the Project Area and is consistent with the Redevelopment and Housing
Implementation Plan (the "Implementation Plan") adopted by the Agency pursuant to CRL
Section 33490 as an explicit priority of the Implementation Plan in the funding, construction and
completion of projects which will remedy blighting conditions including inadequate
infrastructure; and
WHEREAS, the Participant has represented to the Agency that the provision of the
Agency Assistance in necessary for the economic feasibility of the development and such
assistance cannot be obtained on economically feasible terms in the private market; and
WHEREAS, a Final Subsequent Environmental Impact Report (FSEIR - State
Clearinghouse No. 96071095 on the Wet'n Wild Water Park Project was certified by the City
with the adoption of Resolution No. 97-22 in accordance with the provisions of the California
Environmental Quality Act, Public Resources Code Sections 21000, et seq. ("CEQA") on March
18, 1997 which fully analyzed any potential impact of the construction, installation and operation
of all of the improvements, including, without limitation, the public improvements pursuant to
the OPA; and
WHEREAS, the expenditure pursuant to the OPA is in the best interest of the City and
the health, safety and welfare of its residents, and is in accord with the public purposes and
provisions of applicable state and local laws and requirements under which the Paguay
Redevelopment Project and its Redevelopment Plan have been undertaken.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council finds and determines, based upon substantial evidence
in the record before it, that the public improvements to be constructed and installed pursuant to
the OPA are of benefit to the Project Area.
Section 2. The City Council finds and determines, based upon substantial evidence
in the record before it, that no other reasonable means of financing such public improvements
are available to the community.
Section 3. The City Council finds and determines, based upon substantial evidence
in the record before it, that the payment of funds for such public improvements will assist in the
elimination of one or more blighting conditions within the Project Area and is consistent with
the adopted Implementation Plan.
Resolution No.97-027
Page 3
Section 4. The City Council hereby finds and determines, based upon substantial
evidence in the record before it, that the provision of the Agency Assistance pursuant to the
OPA (i) is necessary for the economic feasibility of the development, and (ii) cannot be obtained
on economically feasible terms in the private market.
Section 5. The City Council hereby consents to the Agency's approval of the OPA.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway at
a regular meeting the 15th day of April, 1997.
ATlrEST:
Marjo[ieX~K. Wahlsten, City Clerk
\J
)
COUNTY OF SAN DIEGO )
Don Higginson, Mayor
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 97- 027 was duly adopted by the City
Council at a meeting of said City Council held on the 15th day of April, 1997, and that it was
so adopted by the following votes:
AYES: CAFAGNA, EMERY, GOLDBY, REXFORD, HIGGINSON
NOES: N 0 N E
ABSTAIN: NONE
ABSENT: NONE
Major~l~. Wahlsten City Clerk