HomeMy WebLinkAboutOrdinance No. 04-O91.
ORDINANCE NO. 04-09
Ll
A REVISED AND RESTATED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA EXTENDING THE PLAN EFFECTIVENESS .DEADLINE AND THE TAX
INCREMENT RECEIPT DEADLINE FOR THE REDEVELOPMENT PLAN FOR THE
AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE MERGED CENTRAL
BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA
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 by the first amendment to add territory by
Ordinance No. 2077 on July 2, 1979; and
WHEREAS, the CBD Redevelopment Plan was further amended by the second amendment to add
territory by Ordinance No. 2113 on July 20, 1981; and
WHEREAS, the CBD Redevelopment Plan was further amended by the third amendment to add
territory by Ordinance No. 2197 on November 28, 1983; and
WHEREAS, the CBD Redevelopment Plan was further amended by the fourth and fifth amendments to
add territory by Ordinance 2249 and 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, 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 Redevelopment Plan and the West End
Redevelopment Plan creating one (1) merged project area ("Merged Project Area" as appropriate); and
WHEREAS, the CBD Redevelopment Plan was amended by Ordinance No. 94-018 on December 19,
1994 by the seventh amendment, 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, by the second amendment, 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
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WHEREAS, by Ordinance No. 03-06 on October 6, 2003, by the eighth amendment to the CBD
Redevelopment Plan and the third amendment to the West End Redevelopment Plan, the 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,; 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;
and
WHEREAS, by Ordinance No. 03-07 on December 1, 2003, by the ninth amendment to the CBD
Redevelopment Plan and the fourth amendment to the West End Redevelopment Plan, the time limits on the
establishment of loans, advances, and indebtedness applicable to the Amended and Restated Redevelopment
Plan, were eliminated; and
WHEREAS, pursuant to the provisions of the California Community Redevelopment Law (Health and
Safety Code Section 33000 et seq.) ("CRL") the Azusa Redevelopment Agency ("Agency") is engaged in
activities necessary to execute and implement the Amended and Restated Redevelopment Plan; and -
WHEREAS, the Amended and Restated Redevelopment Plan currently provides, among other things,
(i) that the Plan's effectiveness expires on the following dates ("Effectiveness Deadline"); and
Project Areas of the Amended & Restated Redevelopment Plan
Current Effectiveness Deadline
Central Business District Original Project Area
9/18/2018
Central Business District, Amendment No. 1
7/2/2019
Central Business District, Amendment No. 2
7/20/2021
Central Business District, Amendment No. 3
11/28/2023
Central Business District, Amendment Nos. 4 and 5
12/17/2024
Central Business District, Amendment No. 8
11/6/2033
West End
11/28/2023
(ii) the Agency's authority to receive property taxes from the Project Area and repay indebtedness with the
proceeds of such property taxes received pursuant to CRL Section 33670 expires on the following dates ("T/I
Deadline"); and
Project Areas of the Amended & Restated Redevelopment Plan
Current T/I Deadline
Central Business District Original Project Area
9/18/2028
Central Business District, Amendment No. 1
7/2/2029
Central Business District, Amendment No. 2
7/20/2031
Central Business District, Amendment No. 3
1112812033
Central Business District, Amendment Nos. 4 and 5
12/17/2034
Central Business District, Amendment No. 8
11/6/2048
West End
11/28/2033
WHEREAS, pursuant to CRL Section 33333.6(e)(2)(C), (and as passed under SB 1045) the
aforementioned Effectiveness Deadline and T/I Deadline may be extended for one (1) year pursuant to an
ordinance ("Ordinance") of the City Council of the City in order to help mitigate the fiscal impact of the
Agency's payments to the Educational Revenue Augmentation Fund required pursuant to CRL Section 33681.9
for the 2003-2004 fiscal year; and
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WHEREAS, pursuant to CRL Section 33333.6(e)(2)(C), when adopting the Ordinance, neither
the City Council of the City nor the Governing Board of the Agency is required to comply with CRL Sections
33354.6 or 33450 et seq. or any other CRL provision relating to the amendment of the Amended and Restated
Redevelopment Plan; and
WHEREAS, the Agency desires to extend its Effectiveness Deadline and T/I Deadline in
accordance with CRL Section 33333.6(e)(2)(C); and
WHEREAS, Agency staff has determined that extending the Effectiveness Deadline and the T/I
Deadline is an action exempt from the requirements of the California Environmental Quality Act ("CEQA"),
pursuant to: (i) State CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that such
approval will involve commitment to any specific project which may result in a potentially significant physical
impact on the environment, and (ii) State CEQA Guidelines Section 15378(b), because such approval
constitutes the creation of a funding mechanism and/or other governmental fiscal activity.
THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City hereby extends the Effectiveness Deadline of the
Redevelopment Plan for one year to the following Effectiveness Deadline dates:
Project Areas of the Amended & Restated Redevelopment Plan
New Effectiveness Deadline
Central Business District Original Project Area
9/18/2019
Central Business District, Amendment No. 1
7/2/2020
Central Business District, Amendment No. 2
7/20/2022
Central Business District, Amendment No. 3
11/28/2024
Central Business District, Amendment Nos. 4 and 5
12/17/2025
Central Business District, Amendment No. 8
11/6/2034
West End
11/28/2024
Ranch Center
7/17/2030
Section 2. The City Council of the City hereby extends the T/I Deadline of the Redevelopment Plan
for one year to the following T/I Deadline dates:
Project Areas of the Amended & Restated Redevelopment Plan
New T/I Deadline
Central Business District Original Project Area
9/18/2029
Central Business District, Amendment No. 1
7/2/2030
Central Business District, Amendment No. 2
7/20/2032
Central Business District, Amendment No. 3
11/28/2034
Central Business District, Amendment Nos. 4 and 5
12/17/2035
Central Business District, Amendment No. 8
11/6/2049
West End
11/28/2034
Ranch Center
7/17%2040
Section 3. The Amended and Restated Redevelopment Plan, as amended, shall remain in full force
and effect, unmodified except to the extent of the amendment expressly set forth in this Ordinance.
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Section 4. The City Council hereby authorizes and directs the City Manager to undertake such
actions and execute such documents as may be reasonably necessary or convenient to the carrying out and
administration of the actions authorized by this Ordinance.
Section 5. The City Council hereby authorizes and directs City staff to file a Notice of Exemption
with the Los Angeles County Clerk's Office within five (5) days of the adoption of this Ordinance.
Section 6. This Ordinance shall become effective immediately upon its adoption.
PASSED, APPRO - D D ADOPTED this 4`h day of October, 2004.
i
Mayor, City of Azusa
ATTEST-
�it .
usa
I HEREBY CERTIFY that the foregoing Ordinance No. 04-09, was regularly introduced and
placed upon its first reading at a regular meeting of the City Council on the 20`h day of September, 2004. That
thereafter, said Ordinance was duly adopted and passed at a regular meeting by the City Council on the 4`h day
of October, 2004, by the following vote to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
City Clerk, City of Azusa
APPROVED AS TO FORM:
Best Best & Krieger LLP
City ttomey, City of Azusa
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