HomeMy WebLinkAboutOrdinance No. 04-O7ORDINANCE NO. 04-07
AN 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 RANCH CENTER REDEVELOPMENT PROJECT AREA
WHEREAS, pursuant to California Community Redevelopment Law (Health and Safety
Code Section 33000 et seq.) ("CRL") the Redevelopment Plan for the Ranch Center
Redevelopment Project (the "Ranch Center Redevelopment Plan") was adopted by Ordinance
No. 2402 on July 17, 1989; and
WHEREAS, the Ranch Center Redevelopment Plan authorized the collection of tax
increment as provided for in CRL Section 33670; and
WHEREAS, the Ranch Center Redevelopment Plan was amended by Ordinance No. 94-
019 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, the Ranch Center Redevelopment Plan was amended by Ordinance No. 03-
08 on December 1, 2003, to eliminate the time limits on the establishment of loans, advances,
and indebtedness applicable to the Ranch Center 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; 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 Ranch Center
Redevelopment Plan; and
WHEREAS, the Ranch Center Redevelopment Plan currently provides, among other
things, (i) that the Plan's effectiveness expires on July 17, 2029 ("Effectiveness Deadline"); and
(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 July 17, 2039 ("T/I Deadline"); and
Ordinance No. 04-07
Page 2 of 3
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
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 Ranch Center 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 Ranch Center Redevelopment Plan for one year from July 17, 2029 to July 17, 2030; and
Section 2. The City Council of the City hereby extends the T/I Deadline of the Ranch
Center Redevelopment Plan for one year from July 17, 2039 to July 17, 2040.
Section 3. The Ranch Center 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.
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.
Ordinance No. 04-07
Page 3 of 3
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Section 6. This Ordinance shall become effective immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 16`n day of August, 2004.
A., 'A'U
Dicanfor , ayor ro-tem, City of Azusa
V
Vera Mendoza, City Clerk, City of
I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing
Ordinance No.04-07 was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 2nd day of August 2004. That thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the 16th day of August 2004,
by the following vote to wit:
AYES: COUNCIL MEMBERS: HARDISON, STANFORD, CHAGNON, ROCHA
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MADRID
Vera Mendoza, City Clerk, City of Azus
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney