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Ord 593 ORDINANCE NO. 593 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, ELIMINATING THE TIME LIMIT ON ESTABLISHMENT OF LOANS, ADVANCES AND INDEBTEDNESS WITH RESPECT TO THE PAGUAY REDEVELOPMENT PLAN WHEREAS, the City Council of the City of Poway ("City") adopted Ordinance No. 117 establishing the Redevelopment Plan for the Paguay Redevelopment Project (the "Redevelopment Project") on December 13, 1983; and WHEREAS, the City Council adopted Ordinance No. 415 on June 15, 1993, amending the Redevelopment Plan for the Redevelopment Project; and WHEREAS, the City Council adopted Ordinance No 439 on December 13, 1994, establishing certain time limits with respect to the Redevelopment Project; and WHEREAS, the Redevelopment Plan contains a time limit to incur debt in conjunction with implementation thereof, in conformity with the California Redevelopment Law ("CRL"), California Health and Safety Code Section 33000, et seq. and WHEREAS, CRL Section 33333.6(e)(2) was amended to provide that as to Redevelopment Plans originally adopted before January 1, 1994, the legislative body of the Redevelopment Agency (the City Council) may enact an ordinance eliminating the deadline for incurring indebtedness formerly required by Section 333336 of the CRL, and to further provide that such ordinance may be adopted without compliance with the normal procedures for redevelopment plan amendments, except that the Redevelopment Agency must make certain payments to affected taxing entities as and if required by CRL Section 33607.7 from the date the Redevelopment Plan reaches the previously existing deadline to incur debt; and WHEREAS, the City Council desires to adopt this Ordinance to eliminate the deadline for incurring indebtedness formerly required by Section 33333.6 of the CRL; and WHEREAS, the enactment of this Ordinance is exempt from the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA") pursuant to CEQA Guidelines Section 15378(b)(4) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. NOW THEREFORE, the City Council of the City of Poway does ordain as follows: Ordinance No. 593 Page 2 1. The time limit for incurring indebtedness in conjunction with the implementation of the Redevelopment Plan is hereby eliminated; and the Redevelopment Agency is hereby authorized to incur indebtedness and any other obligations with respect to the Redevelopment Plan at any time during which the Redevelopment Plan is effective. 2 Except with respect to the amendments set forth herein, the Redevelopment Plan, as amended, shall remain unchanged, in full force and effect in accordance with its terms. 3. The City Clerk is hereby authorized to file a Notice of Exemption with the County of San Diego pursuant to CEQA Guidelines Section 15094. EFFECTIVE DATE: This Ordinance shall take effect and be in full force thirty (30) days after the date of its adoption; and the City Clerk is hereby authorized to use summary publication procedures pursuant to Government Code Section 36933 utilizing the Poway Chieftain, a newspaper of general circulation published in the City of Poway. Introduced and first read at a regular meeting of the City Council of the City of poway held this 18th day of November, 2003, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 2nd day of December, 2003, by the following roll call vote: AYES: EMERY, GOLDBY, REXFORD, CAFAGNA NOES: NONE ABSENT: HIGGINSON ABSTAIN: NONE ATTEST: