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Home My WebLink AboutOrdinance No. 04-O6 ORDINANCE NO. 04-06 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 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 Ordinance No.04-06 Page 2 of 5 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 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 Ordinance No.04-06 Page 3 of 5 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 11/28/2033 Central Business District,Amendment Nos.4 and 5 12/17/2034 Central Business District,Amendment No. 8 11/6/2043 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 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 Ordinance No.04-06 Page 4 of 5 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 11/6/2044 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. 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,APPROVED AND ADOPTED this 16th day of August, 2004. .%L:\•-f Dick Stanford, Mayor ilio-tem, City of Azusa ATTEST: 411/ ,aejVera Mendoza, City Clerk, City. Azusa --ter a 1 Ordinance No.04-06 Page 5 of 5 I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No.04-06 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 'jla APPROVED AS TO FORM: Best Best&Krieger LLP MeUr/ 12. etiqyze City Attorney