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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