Res 99-014.RESOLUTION NO. 99-014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA
APPROVING EXPENDITURES FOR PUBLIC IMPROVEMENTS PURSUANT TO
AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN
THE POWAY REDEVELOPMENT AGENCY AND PARKWAY DEVELOPMENT III
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 City had entered into an owner participation
agreement with the Participant's predecessor in interest on November 27, 1990, with
respect to a certain parcel of real property described therein; and
WHEREAS, as a result of the economic conditions in the Coul~ty during the early
1990s the development envisioned in the original owner participation agreement was
delayed; and
WHEREAS, the Agency and Parkway Development III (the "Participant") now
propose to enter into a replacement Owner Participation Agreement (the "OPA") with
regard to that certain parcel of real property located within the Project Area comprising
approximately thirty (30) acres and generally located at the eastern connector of Scripps
Poway Parkway and Kirkham in the City of Poway (the "Site"); and
WHEREAS, pursuant to the OPA, the Agency intends to provide certain assistance
to the Participant (the "Agency Assistance") in order to ensure the construction of certain
on-site and off-site public improvements by the Participant pursuant to the OPA; 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 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 is authorized pursuant to Section 33444.6 of the CRL to
assist with the financing of facilities or capital equipment within a project area as part of an
agreement that provides for the development or rehabilitation of property that will be used
for industrial or manufacturing purposes upon the making of certain findings; and
Resolution No. 99- 014
Page 2
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
WHEREAS, the Agency's financing of the costs of the public improvements
pursuant to the replacement 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 pdodty of the Implementation
Plan is 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 is necessary for the economic feasibility of the development and such
assistance cannot be obtained on economically feasible terms in the private market; and
WHEREAS, on March 2, 1999, the City Council and the Agency held a duly noticed
joint public hearing on the proposed Agreement in accordance with the requirements of
CRL Section 33444.6, at which time the City Council reviewed and evaluated the staff
report, the proposed replacement OPA and all comments for and against the OPA; and
WHEREAS, an environmental impact report and a subsequent environmental
impact report on the South Poway Planned Community, which includes the Site were
approved by the City in accordance with the provisions of the California Environmental
Quality Act, Public Resources Code Sections 21000, et seq.("CEQA") on July 30, 1985 and
August 2, 1988, respectively, which fully analyzed any potential impact of the construction
and installation of the public improvements pursuant to the replacement OPA and
therefore, pursuant to Section 15061 of the CEQA Guidelines, 14 California Code of
Regulations, Sections 15000, et seq., the OPA is exempt from the provisions of CEQA;
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.
Resolution No. 99 - 014
Page 3
NOW, THEREFORE, THE POWAY REDEVELOPMENT AGENCY DOES
HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS:
Section 1. The City Council hereby finds that the provision of the Agency
Assistance and the construction and installation of the public improvements pursuant to
the OPA and the approval of the OPA 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 public improvements to be constructed and
installed pursuant to the OPA 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 such public
improvements are available to the community.
Section 4. The City Council finds and determines that 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.
Section 5. 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 6. The City Council hereby consents to the Agency's approval of the
OPA.
Section 7. 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, ADOPTED AND APPROVED by the City Council of the City of Poway,
at a regular meeting thereof this 9th day of March 1999.
Michael P. C~
Mayor
ATTEST:
Loj'i Anne Peoples, Ci~ Clerk
Resolution No. 99- 014
Page 4
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 99-014 was duly adopted by the
City Council at a meeting of said City Council held on the 9 th day of March 1999, and that
it was so adopted by the following vote:
AYES: EMERY,
NOES: N 0 N E
ABSTAIN: N 0 N E
ABSENT: NON E
GOLDBY, HIGGINSON, REXFORD, CAFAGNA
Anne Peoples, (~i{y Clerk
n:\rda\pd3ccr.res