HomeMy WebLinkAboutOrdinance No. 03-O70 0
ORDINANCE NO. 03-07
AN ORDINANCE OF THE CITY OF AZUSA AMENDING THE REDEVELOPMENT
PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END
REDEVELOPMENT PROJECT AREA PURSUANT TO HEALTH AND SAFETY CODE
SECTION 33333.6(e)(2)
WHEREAS, pursuant to California Community Redevelopment Law (Health and Safety
Code Section 33000 et seq.) ("CRL") the Redevelopment Plan for the Central Business District
Redevelopment Project (the "CBD Redevelopment Plan") was adopted by Ordinance No. 2062
on September 18, 1978; and
WHEREAS, the CBD Redevelopment Plan was amended to add territory by Ordinance
No. 2077 on July 2, 1979; and
WHEREAS, the CBD Redevelopment Plan was further amended to add territory by
Ordinance No. 2113 on July 20, 1981; and
WHEREAS, the CBD Redevelopment Plan was further amended to add territory by
Ordinance No. 2197 on November 28, 1983; and
WHEREAS, the CBD Redevelopment Plan was further amended to add territory by
Ordinance 2250 on December 17, 1984; and
WHEREAS, pursuant to CRL, the Redevelopment Plan for the West End
Redevelopment Project (the "West End Redevelopment Plan") was adopted by Ordinance No.
2196 on November 28, 1983; and
WHEREAS, the CBD Redevelopment Plan and the West End Redevelopment Plan
authorized the collection of tax increment as provided for in CRL Section 33670; and
WHEREAS, the CBD Redevelopment Plan was amended by Ordinance No. 94-018 on
December 19, 1994, to add and amend various time limits in accordance with CRL Section
33333.6 (as it existed in 1994), including a time limit on the establishment of loans, advances
and indebtedness; and
WHEREAS, the West End Redevelopment Plan was amended by Ordinance No. 94-020
on December 19, 1994, to add and amend various time limits in accordance with CRL Section
33333.6 (as it existed in 1994), including a time limit on the establishment of loans, advances
and indebtedness; and
WHEREAS, CRL Section 33333.6 applies only to redevelopment plans and
amendments adding territory that were adopted prior to January 1, 1994; and
WHEREAS, on November 7, 1989, by Ordinance No. 2382, the City Council adopted
the sixth amendment to the redevelopment plan for the CBD Redevelopment Plan and the first
amendment to the West End Redevelopment Plan which, among other things, merged the CBD
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Redevelopment Plan and the West End Redevelopment Plan creating one (1) merged project area
("Merged Project Area" as appropriate); and
WHEREAS, by Ordinance No. 03-06 on October 6, 2003 CBD Redevelopment Plan
and the West End Redevelopment Plan were replaced with one amended and restated
redevelopment plan ("Amended and Restated Redevelopment Plan") applicable to the Merged
Project Area, (the " Amended & Restated Redevelopment Plan" ); and
WHEREAS, CRL Section 33333.6(e)(2) states in pertinent part that, "On or after
January 1, 2002, a redevelopment plan may be amended by a legislative body by adoption of an
ordinance to eliminate the time limit on the establishment of loans, advances, and indebtedness
required by this section prior to January 1, 2002. In adopting this ordinance, neither the
legislative body nor the agency is required to comply with [CRL] Section 33354.6 or Article 12
(commencing with Section 33450) or any other provision of this part relating to the amendment
of redevelopment plans, except that the agency shall make the payment to affected taxing
agencies required by [CRL] Section 33607.7;" and
WHEREAS, the City Council desires to follow the procedures set forth in CRL Section
33333.6(e)(2) and adopt an ordinance ("Ordinance")to eliminate the time limit on the
establishment of loans, advance, and indebtedness as it applies to the Amended and Restated
Redevelopment Plan; and
WHEREAS, pursuant to CRL Section 33333.6(e)(2), when adopting the Ordinance,
neither the City Council of the City of Azusa ("City"), nor the Governing Board of the Azusa
Redevelopment Agency ('Agency"), is required to comply with CRL Sections 33354.6 or 33450
et seq. or any other provision relating to other amendments of a redevelopment plan; and
WHEREAS, City and Agency staff have determined that eliminating the time limit on
the establishment of loans, advances and indebtedness is exempt from the requirements of the
California Environmental Quality Act ("CEQA"), pursuant to State CEQA Guidelines Section
15378(b), because such elimination constitutes a governmental fiscal activity which does not
involve any commitment to any specific project which may result in a potentially significant
physical impact on the environment.
THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1.
The Amended and Restated Redevelopment Plan is hereby amended to delete any and all
time limits that purport to place on the Azusa Redevelopment Agency any time deadline on the
establishment of loans, advances and indebtedness as they may apply to the Merged Project
Area.
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Section 2.
Section 504 of the Amended and Restated Redevelopment Plan for the Merged Project
Area is hereby replaced and amended to read as follows:
"D. [Section 5041 Time Limits on Establishment of Indebtedness
For loans, advances or indebtedness to be repaid from any tax revenues
received from the areas added to the Central Business District Redevelopment
Project by the eighth amendment to the redevelopment plan for the Central
Business District Redevelopment Project, the Agency shall not establish or incur
loans, advances, or indebtedness to finance in whole or in part the Merged Project
Area beyond twenty (20) years from the effective date of the ordinance approving
and adopting the eighth amendment to the Central Business District
Redevelopment Project.
Loans, advances, or indebtedness may be repaid over a period of time
beyond said time limits. These limits, however, shall not prevent the Agency from
incurring debt to be paid from the Low and Moderate Income Housing Fund
established pursuant to Section 33334.3 of the Health and Safety Code and
Section 335 of this Plan, or establishing more debt in order to fulfill the Agency's
obligations under Section 33413 of the Health and Safety Code and Sections 333
or 336 of this Plan. These limits shall not prevent the Agency from refinancing,
refunding or restructuring indebtedness after the time limit if the indebtedness is
not increased and the time during which the indebtedness is to be repaid is not
extended beyond the time limits contained in Section 506."
Section 3.
Except as amended herein or as the Amended and Restated Redevelopment Plan may
hereafter be amended., the Amended and Restated Redevelopment Plan for the Merged Project
Area shall remain in full force and effect according to its terms.
Section 4.
The City Council hereby directs City staff to file a Notice of Exemption with the Clerk of
Los Angeles County within five (5) days of the adoption of this Ordinance.
Section 5.
All required proceedings and considerations precedent to the adoption of this Ordinance
have been regularly taken in accordance with applicable law.
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Section 6.
The Executive Director of the Azusa Redevelopment Agency shall notify the appropriate
public entities of the adoption of this Ordinance, including all taxing entities as defined CRL
Section 33353.2, and the Los Angeles County Auditor/Controller.
Section 7.
The City Clerk is authorized and directed to publish this Ordinance or a summary thereof
in the manner provided by law and in accordance with procedures normally taken.
[Signatures & Certifications on Following Pages]
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CERTIFICATION
I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing
Ordinance No.03-07was passed and adopted by the City Council of the City of Azusa at a regular
meeting thereof, held on the 1 S Y day of r)PcamhP r 2003, by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
LE
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PASSED, APPROVED AND ADOPTED this 1 st AXof) Dgcember , 2003.
By:
ATTEST:
By:
City Clefk
City of Azusa
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
By:Je�A'w P-
City Attorney
City of Azusa
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City of Azusa