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Res 94-024RESOLUTION N0.94-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY DETERMINING THAT THE PURCHASE OF RIPARIAN HABITAT ALONG BEELER CREEK FOR MITIGATION PURPOSES IS OF BENEFIT TO THE PAGUAY REDEVELOPMENT PROJECT WHEREAS, the Poway Redevelopment Agency is authorized to carry out the redevelopment of the Poway Redevelopment Project Area; and WHEREAS, the Poway Redevelopment Agency has completed a study to identify the public facility and improvement deficiencies within the Project Area and the immediate neighborhoods and has concluded that the detention basin for Poway Creek is necessary; and WHEREAS, the Riparian Habitat site along Beeler Creek is necessary as mitigation for the detention basin site; and WHEREAS, the Poway Redevelopment Plan authorizes the construction of and improvements to public facilities; and WHEREAS, the location of the riparian habitat site is within the Paguay Redevelopment Project Area and completion of the detention basin is necessary for the execution of the Project under the provisions of 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 as amended on June 15, 1993, by Ordinance No. 415 of the City Council; 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 and that no other reasonable means of financing are available to the community. NOW, THEREFORE, IT IS RESOLVED that the City Council of the City of Poway does hereby resolve as follows: Section 1. The City Council hereby determines that the detention basin for Poway Creek and the riparian habitat mitigation site are of benefit to the Paguay Redevelopment Project and the surrounding community, as it will provide flood control improvements along Poway Creek which result in an increase to the general health, welfare and safety of residents by preventing and/or eliminating flooding conditions. Section 2. The City Council further determines that no other reasonable means of financing the improvements are available to the community. Section 3. resolution. The City Clerk shall certify to the adoption of this Resolution No. 94-024 Page 2 PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway at a regular meeting thereof this 5th day of April, 1994. Don Higginson, ATTEST: MarjorieK. Wahlsten, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO I, Harjorie K. Wahlsten, City Clerk of the City of Poway do hereby certify the foregoing Resolution No. 94-024 was duly adopted by the City Council at a meeting of said Council on the 5th day of April, 1994 and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON NONE NONE NONE Marjorie K. Wahlsten, City Clerk