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: