HomeMy WebLinkAboutOrdinance No. 07-O440
ORDINANCE NO. 07-04
AN ORDINANCE OF THE CITY OF AZUSA AMENDING THE
REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT
AND WEST END REDEVELOPMENT PROJECT AREA (PERTAINING TO ALL
TERRITORIES EXCEPT THOSE APPROVED BY CENTRAL BUSINESS DISTRICT
AMENDMENT NO. 8) PURSUANT TO SENATE BILL 1096 AS CODIFIED IN
HEALTH AND SAFETY CODE SECTION 33333.6.
WHEREAS, the City Council of City of Azusa ("City Council") has adopted and
subsequently amended that certain Redevelopment Plan for the Central Business District
Redevelopment Project originally adopted by the City Council of the City of Azusa by
Ordinance No. 2062 on September 18, 1978, and amended by Ordinance No. 2077 on
July 2, 1979, Ordinance No. 2113 on July 20, 1981, Ordinance! No. 2197 on November
28, 1983, Ordinance No. 2249 on December 17, 1984, and Ordinance No. 2250 on
December 17, 1984; and
WHEREAS, that certain Redevelopment Plan for the West End Redevelopment
Project was originally adopted by the City Council by Ordinance No. 2196 on November
28, 1983; and
WHEREAS, the Central Business District Redevelopment Project and the West End
Redevelopment Project were amended to form the Merged Central Business District and
West End Redevelopment Projects by Ordinance No. 2382 on November 7, 1988, and
were amended by Ordinances No. 94-018 and 94-020 on December 12, 1994, and by
Ordinance No. 03-06 on October 6, 2003; and
WHERAS, pursuant to Section 33333.6(e)(2)(C) of the California Community
Redevelopment Law, Health and Safety Code Section 33000 et sea. ("Law")
33333.6(e) (2) (C), the Redevelopment Plan for the Merged Central Business District and
West End Redevelopment Project Area ("Amended and Restated Plan") was amended by
Ordinance No. 04-09 on October 4, 2004, pursuant to Senate Bill 1045, to extend both
the time limit on the effectiveness of such plan and the time limit for the Agency to pay
indebtedness and receive tax increment revenues pursuant to CTRL Section 33670 under
the such plan by one (1) year, as a result of the payment required of and made by the
Redevelopment Agency of the City of Azusa ("Agency") to the County of Los Angeles
Educational Revenue Augmentation Fund ("ERAF") in fiscal year 2003/2004, pursuant to
CRL Section 33681.9; and
WHEREAS, Section 33333.6(e)(2)(D)(ii) of the Law provides that when an agency
is required to make payments to the Educational Revenue Augmentation Fund during
fiscal years 2004-05 and 2005-06 pursuant to Section 33681.12 of the Law, the
legislative body may extend the effectiveness of the redevelopment plan by up to two (2)
years, provided the agency can make certain findings; and
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WHEREAS, the Agency made payments to the County of Los Angeles ERAF during
fiscal years 2004-05 and 2005 -06 pursuant to Section 33681 of the Law; and
WHEREAS, the Agency now desires to amend the Amended and Restated Plan
Redevelopment Plan pursuant to the authority granted in Section 33333.6(e)(2)(D)(ii) of
the Law to allow the Agency to extend the time to collect tax increment because of the
loss of funds resulting from the requirement to make payments to the ERAF that would
have otherwise been used to pay for the costs of projects and activities necessary to
carry out the goals and objectives of the Amended and Restated Plan; and
WHEREAS, pursuant to the Section 33333.6(e)(2)(D) of the Law, such amendment
may be adopted without compliance with standard procedures; for redevelopment plan
amendments; and
WHEREAS, the Agency has determined that the loss of revenue due to the
payments of the ERAF will impair their ability to fund future projects; and
WHEREAS, the Agency mailed a notice of the public hearing at least 30 days
prior to the public hearing to the governing board of all affected taxing agencies in
accordance with Section 33333.6(e) (3) (A) of the Law; and
WHEREAS, notice of the public hearing was published) in the a newspaper of
general circulation in the community not less than 10 days prior to the date of the public
hearing in accordance with Section 33333.6(e)(3)(A) of the Law; and
WHEREAS, the time limit for the effectiveness of the Redevelopment Plan for the
Central Business District Original Area is September 18, 2019, which is more than 10
years but less than 20 years from the last day in fiscal years 2004-05 and 2005-06 in
which the payment required by Section 33681.12 of the Law must be made; and
WHEREAS, the time limit for the effectiveness of the Redevelopment Plan for the
Central Business District Amendment Area No. 1 is July 2, 2020, which is more than 10
years but less than 20 years from the last day in fiscal years 2004-05 and 2005-06 in
which the payment required by Section 33681.12 of the Law must be made; and
WHEREAS, the time limit for the effectiveness of the Redevelopment Plan for the
Central Business District Amendment Area No. 2 is July 20, 2022, which is more than 10
years but less than 20 years from the last day in fiscal years 2004-05 and 2005-06 in
which the payment required by Section 33681.12 of the Law must be made; and
WHEREAS, the time limit for the effectiveness of the Redevelopment Plan for the
Central Business District Amendment Area No. 3 is November 28, 2024, which is more
than 10 years but less than 20 years from the last day in fiscal years 2004-05 and 2005-
06 in which the payment required by Section 33681.12 of the Law must be made; and
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WHEREAS, the time limit for the effectiveness of the Redevelopment Plan for the
Central Business District Amendment Area No. 4 is December 17, 2025, which is more
than 10 years but less than 20 years from the last day in fiscal year 2005-06 in which the
payment required by Section 33681.12 of the Law must be made; and
WHEREAS, the time limit for the effectiveness of the Redevelopment Plan for the
West End Project Area is November 28, 2024, which is more than 10 years but less than
20 years from the last day in fiscal years 2004-05 and 2005-06 in which the payment
required by Section 33681.12 of the Law must be made; and
WHEREAS, City staff has determined that the enactment of this Ordinance is
exempt from the California Environmental Quality Act (Public Resources Code section
21000 et seq.) ("CEQA"), pursuant to Title 14 California Code of Regulations Section
15061 (b)(3), because there is no possibility that enactment of this Ordinance may have a
significant effect on the environment, and pursuant to Title: 14 California Code of
Regulations Section 15378(b) (4), because this Ordinance creates a government funding
mechanism that does not involve any commitment to any specific project that may result
in a potentially significant physical impact on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City hereby finds the following:
a. The Agency is in compliance with the requirements of Section 33334.6, of
the Law which generally requires that not less than 20 percent of the taxes allocated to
the Agency beginning in fiscal 1985-86 be used to increase, improve and preserve the
community's supply of affordable housing; and
b. The Agency has adopted an implementation plan in accordance with the
requirements of Section 33490 of the Law on March 6, 2006 ("Implementation Plan");
and
C. As demonstrated in the Implementation Plan, the Agency is in compliance
with Section 33413 of the Law; and
d. The Agency is not subject to sanctions pursuant to subdivision(e) of Section
33334.12 of the Law for the failure to expend, encumber, or disburse an excess surplus;
and
e. Pursuant to Section 33333.6 (e) (3) (A) of the Law, a public hearing has been
conducted and duly noticed; and
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f. The funds used to make the ERAF payments pursuant to CRL Section
33681.12 would otherwise have been used to pay the costs of projects and activities
necessary to carry out the goals and objectives of the Redevelopment Plan.
SECTION 2. Amendments to Amended and Restated Redevelopment Plan.
a. Section 506 of the Amended and Restated Redevelopment Plan for the
Merged Central Business District and West End Redevelopment Projects shall be amended
to read as follows:
"The Agency may not receive and shall not repay indebtedness
with the proceeds from property taxes received pursuant to Section
33670 of the Health and Safety Code and Section 502 of this Plan
beyond the following dates for the areas indicated, except to repay
debt to be paid from the Low and Moderate Income Housing Fund
established pursuant to Section 3334.3 of the Community
Redevelopment Law and Section 335 of this Plan, or debt established
in order to fulfill the Agency's obligations under Section 33413 of the
Health and Safety Code and Sections 333 and 336 of this Plan:
1. For indebtedness to be repaid from any tax increment
revenues received from the original Central Business District
Redevelopment Project Area: September 18, 2031; and
2. For indebtedness to be repaid from any tax increment
revenues received from the areas added by the first
amendment to the project's redevelopment plan: July 2,
2032; and
3. For indebtedness to be repaid from any tax increment
revenues received from the areas added by the second
amendment to the project's redevelopment plan: July 20,
2034; and
4. For indebtedness to be repaid from any tax increment
revenues received from the areas added by the third
amendment to the project's redevelopment plan: November
28, 2036; and
5. For indebtedness to be repaid from any tax increment
revenues received from the areas added by the fifth
amendment to the project's redevelopment plan: December
17, 2036; and
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6. For indebtedness to be repaid from any tax increment
revenues received from the areas added by the eighth
amendment to the project's redevelopment plan: 15 years
following the expiration of the duration of this Plan's
effectiveness applicable to this said areas, as provided in
Section 800 to this Plan; and
7. For indebtedness to be repaid from any tax increment
revenues received from the West End Redevelopment Project
Area: November 28, 2036."
b. Section 800 of the Amended and Restated Redevelopment Plan for the
Merged Central Business District and West End Redevelopment Projects shall be
amended to read as follows:
"Except for the non-discrimination and non -segregation
provisions imposed by the Agency which shall run in perpetuity, and
the affordable housing covenant imposed by the Agency which shall
continue in effect for a period as may be determined and specified by
the Agency, the provisions of this Plan shall be effective, and the
provisions of other documents formulated pursuant to the Plan may
be effective for the time periods indicated below; provided however,
that, subject to the limitations and exceptions thereto set forth in
Section 504 and 506 of this Plan, the Agency may issue bonds and
incur obligations pursuant to this Plan which extend beyond the
termination dates below, and in such event, this Plan shall continue in
effect for the purpose of repaying such bonds or other obligations
until the dates of retirements of such bonds or other obligations. The
provisions of this Plan shall be effective:
1. For the original Central Business District Redevelopment Project
Area: September 18, 2021; and
2. For the area added by the first amendment to the project's
redevelopment plan: July 2, 2022; and
3. For the area added by the second amendment to the project's
redevelopment plan: July 20, 2024; and
4. For the area added by the third amendment to the project's
redevelopment plan: November 28, 2026; and
5. For the area added by the fifth amendment to the project's
redevelopment plan: December 17, 2026; :and
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6. For the areas added by the eighth amendment to the project's
redevelopment plan: until 30 years following the effective date of
ordinance approving and adopting the eighth amendment; and
7. For the West End Redevelopment Project Area: November 28,
2026."
SECTION 3. Miscellaneous
1. Except as amended hereby, the Amended and Restated Plan shall remain in
full force and effect according to its terms.
2.. All required proceedings and considerations precedent to the adoption of
this Ordinance have been regularly taken in accordance with applicable law.
3. The City Manager shall notify the appropriate public entities of the adoption
of this Ordinance.
4. Should any provision, portion, part or section of this Ordinance be held
invalid by any court of competent jurisdiction, the invalid provision, portion, part,
or section shall be stricken and the remainder shall be severable from such invalid
provision, portion, part or section and such remainder shall remain in full force
and effect.
5. The City Clerk is hereby authorized to file a Notice of Exemption pursuant to
CEQA Guidelines Section 15062 with the County of Los Angeles Clerk's office within
five (5) calendar days of the adoption of this Ordinance.
6. This Ordinance shall be in full force and in effect thirty (30) days after
passage.
7. The Mayor shall sign this Ordinance and the City Clerk shall cause the same
to be published or posted as required by law within fifteen (15) days after its
passage.
Passed, adopted and signed this 5`h day of February 2007.
Mayor
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ATTEST:
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City Clerk
I Vera Mendoza, City Clerk of the City of Azusa hereby certify that the foregoing
Ordinance No. 07-04, was duly introduced and placed upon its first reading at a
regular meeting of the City Council of the City of Azusa held on the 16`h day of
January 2007, and that thereafter, said ordinance was duly adopted and passed at a
regular meeting of February 5, 2007, by the following vote of the Council:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss.
CITY OF AZUSA )
AYES: COUNCIL MEMBERS: HARDISON,
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
City Clerk
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CARRILLO, ROCHA, HANKS, CHAGNON