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Res 07-009 RESOLUTION NO. 07-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA DETERMINING THAT THE OAK KNOLL SEWER PROJECT IS OF BENEFIT TO THE PAGUAY REDEVELOPMENT PROJECT WHEREAS, the Poway Redevelopment Agency is authorized to carry out the redevelopment of the Paguay Redevelopment Project Area; and WHEREAS, the Poway Redevelopment Agency, in partnership with the local business and residential community, has identified a need for the Oak Knoll Sewer Project to replace and upsize the trunk sewer from Bowron to Pomerado and construct related sewer improvements; and WHEREAS, the Oak Knoll Sewer Project is proposed to be located both within and adjacent to the Paguay Redevelopment Project Area and the improvements are necessary for the execution of the Project under the provisions of the California Community Redevelopment Law (Health and Safety Code, Section 33000 et seq.) and pursuant to the Redevelopment Plan for the Project which was adopted on December 13, 1983, by Ordinance No. 117 of the City Council and amended on June 15, 1993, by Ordinance No. 415 of the City Council; and WHEREAS, Section 400 of the Amended Redevelopment Plan identifies the elimination of deficiencies in trunk line sewer and water distribution systems, to increase system capacities and extend lines as required to serve the Project Area's ultimate build- out population in conformance with the General Plan; and WHEREAS, Section 501 of the amended Redevelopment Plan provides for the acquisition, installation, development, construction, reconstruction, redesign, replanning or reuse of streets, utilities, curbs, gutters, sidewalks, traffic control devices, flood control facilities and other public improvements, public facilities, utilities or other structures, as specific redevelopment actions which the Poway Redevelopment Agency may undertake to eliminate and prevent the reoccurrence of conditions of blight, and to strengthen the economic base of the Project Area; and WHEREAS, the City has made every reasonable effort to seek alternative sources of funds for the Oak Knoll Sewer Project, through solicitation of grants and donations, imposition of appropriate fees, and use of other City funds, but these funds have been insufficient to pay for the full cost of the Oak Knoll Sewer Project; and WHEREAS, Section 33445 of the California Health and Safety Code requires the City Council to determine that the Project is of benefit to the Paguay Redevelopment Project, that no other reasonable means of financing are available to the City, and that the Oak Knoll Sewer Project will assist in the elimination of blighting conditions inside the Paguay Redevelopment Project Area. Resolution No. 07-009 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Po way as follows: Section 1. The City Council hereby determines that the Oak Knoll Sewer Project, which will replace and upsize the trunk sewer from Bowron to Pomerado with 30-inch PVC and construct related sewer improvements will be of benefit to the paguay Redevelopment Project Area. Section 2. The City Council hereby determines that the Oak Knoll Sewer Project will meet goals listed in the Redevelopment Plan, as amended, and in the Redevelopment and Housing Implementation Plan, which includes the elimination of deficiencies in trunk line sewer and water distribution systems, to increase system capacities and extend lines as required to serve the Project Area's ultimate build-out population in conformance with the General Plan. Section 3. The City Council hereby determines that the Oak Knoll Sewer Project is provided for in the Paguay Redevelopment Plan. Section 4. The City Council hereby determines that the payment of funds for the Oak Knoll Sewer Project is consistent with the Redevelopment and Housing Implementation Plan. Section 5. The City Council further determines that no other reasonable means of financing the Oak Knoll Sewer Project is available to the community. The Agency finds that the City and Agency staff have made every reasonable effort to seek alternative sources of funds prior to consideration of Agency funds for the Oak Knoll Sewer Project, grants have been sought, donations requested, and other Redevelopment Agency funds have been utilized for other projects as appropriate within the guidelines of fiscal prudence, but the City does not have sufficient funds to pay for necessary services. The Poway Redevelopment Agency further finds that development fees, property tax, sales tax and other sources of revenue will not be sufficient to pay for the identified Oak Knoll Sewer Project. Section 6. The City Council hereby determines that the payment of funds for the Oak Knoll Sewer Project will assist in the elimination of one or more blighting conditions inside the Paguay Redevelopment Project Area, in that the project will alleviate certain environmental deficiencies in that the Oak Knoll Sewer Project will provide additional capacity for current and future sewer needs for the Oak Knoll area. Section 7. The City Clerk shall certify to the adoption of this Resolution. Resolution No. 07-009 Page 3 PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway at a regular meeting this 16th day of January 2007. ATTEST: r ~ Lc::x%~ L. Diane Shea, City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 07-009 was duly adopted by the City Council at a meeting of said City Council held on the 16th day of January, 2007 and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ~ PiA; e AO iJ(JJJJ d~V tJs2 L. Diane Shea, City Clerk City of Poway