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HomeMy Public PortalAbout06-1361 i f i ORDINANCE NO. 06-1361 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON ADOPTING AN AMENDMENT TO THE AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CARSON MERGED AND AMENDED REDEVELOPMENT PROJECT AREA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.6(e)(2), AND AMENDING RELATED ORDINANCES IN CONNECTION THEREWITH 1 WHEREAS, the City Council of the City of Carson approved and adopted the Redevelopment Plan for Project Area No, Two pursuant to Ordinance No. 74-295 on February 19, 1974, thereby creating "Project Area No. Two" ("Original Area"). Thereafter, the Redevelopment Plan for Project Area No. Two was subsequently amended by Ordinance No. 74-324 on January 20, 1975; by Ordinance No. 81-580 on January 4, 1982; by Ordinance i No. 82-628 on December 22, 1982; by Ordinance No. 86-767 on January 5, 1987; by Ordinance No. 94-1046 on November 1, 1994; and on July 16, 1996 by Ordinance No. 96-1095. The amendment approved and adopted December 22, 1982 by Ordinance No. 82-628 added territory to Original Project Area No. Two,thereby creating the"1982 Amendment Area;" The Redevelopment Plan for Project Area No. Three was adopted by Ordinance No. 84-695 on July 16, 1984, thereby creating"Project Area No. Three", amended by Ordinance No. 94-1047 on November 1, 1994, and amended by Ordinance No. 96-1091 on June 4, 1996. The Fifth Amendment to the Redevelopment Plan for Project Area No. Two and the Second Amendment to the Redevelopment Plan for Project Area No. Three;-:were adopted on July 16, 1996 by Ordinance No. 96-1095. Adoption of the Ordinance added territory to Project Area Nos. Two and Three("1996 Amended Area") and merged the two project areas creating the Carson Merged and Amended Project Area ("Merged Project Area"). The Ordinance also adopted the Amended and Restated Redevelopment Plan for the Merged Project Area. WHEREAS, the Redevelopment Plan, as amended, contains time limits for conducting certain redevelopment functions meeting the requirements of the Community Redevelopment Law(the "CRL") for such time limits in effect as of the date of adoption and amendment of the Redevelopment Plan; and WHEREAS, SB 211 amended the CRL effective January 1, 2002; and WHEREAS, SB 211 amends Health and Safety Code Section 33333.6(e)(2) of the CRL to allow the City Council to amend the Redevelopment Plan to eliminate the time limit on the f establishment of loans, advances and indebtedness previously required by the section (the "Debt Incurrence Time Limit"); and WHEREAS, the Carson Redevelopment Agency (the "Agency") has analyzed the provisions of the Redevelopment,,.Plan and the provisions of Health and Safety Code t i Section 33333.6(e)(2), and has determined that the Redevelopment Plan may be amended to delete the Debt Incurrence Time Limit; and WHEREAS, the Agency has prepared an amendment to the Redevelopment Plan to delete the Debt Incurrence Time Limit as permitted by Health and Safety Code Section 3333.6(e)(2)(the"Amendment"), a copy which is on file with the City Clerk; and I WHEREAS, the City Council desires to amend the Redevelopment Plan in accordance j with the terms of the Amendment as authorized pursuant to Health and Safety Code Section 33333.6(e)(2); and WHEREAS, the Agency has prepared and submitted and the City Council has reviewed and considered the staff report on the Amendment; and WHEREAS, the Agency staff has prepared and submitted to City Council for review and approval a CEQA Notice of Exemption pursuant to CRC Section 15378(b)(2), (4)and(5)of the CEQA Guidelines;and I WHEREAS,Health and Safety Code Section 33333.6(e)(2) states: In adopting this ordinance, neither the legislative body nor the agency is required I to comply with 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 payment to affected taxing entities k required by Section 33607.7. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CARSON: Section 1. The City Council hereby finds and declares that the above recitals are true and correct. f Section 2. The Amendment attached hereto as "Exhibit 1" is hereby incorporated in this Ordinance by reference and made a part of this Ordinance as if set out in full in the Ordinance. Section 3. The Amendment is hereby adopted, approved and designated as part of the official Redevelopment Plan for the Project Area. It is the purpose and intent of the City Council that the Amendment be implemented as part of the Redevelopment Plan for the Project Area. The Executive Director of the Agency may prepare a document that incorporates the provisions { of the Amendment into the existing text of the Redevelopment Plan, and such document shall j then constitute the official Redevelopment Plan for the Project Area. Section 4. To the extent of the amendment set forth in the Amendment, this Ordinance amends Ordinance No. 1079, adopted on November 20, 1972, Ordinance No. 1534, adopted on January 5, 1987, Ordinance No. 1572, adopted on October 16, 1989, Ordinance No 1669, adopted on November 21, 1994, and Ordinance No. 1732, adopted on October 5, 1998. r 2 Section 5. In accordance with Health and Safety Code Section 33333.6(8), the Amendment shall not be construed to affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council or the Agency prior to January 1, 1994. Nor shall the Amendment be construed to affect the right of the Agency to receive property taxes pursuant to Health and Safety Code Section 33670, to pay the indebtedness or other obligation described in this Section 5. Section 6. The City Council herby approves the CEQA Notice of Exemption for the Amendment and directs the City Clerk to file the Notice of Exemption with the County Clerk of the County of Los Angeles. l Section 7. The City Clerk is hereby directed to provide a copy of the Ordinance and the minutes of this meeting to the Agency. The Agency is vested with the responsibility of �. implementing the Amendment. j Section 8 If any provision, section, subsection, subdivision, sentence, clause or I, phrase of this Ordinance or the Amendment is for any reason held to be invalid or f unconstitutional, such decision shall not affect the validity of the remaining portion or portions of the Ordinance or the Amendment. l Section 9. This Ordinance shall be published or posted according to the City's normal practice before its final passage, and shall be in full force and effect thirty(30)days after its final passage. Mayor Jim Dear ATTEST: f i City Clerk Helen S. Kawag e f E APPROVED AS TO FORM: Aleshire&Wynder, LLP j City Attorne i i as S k F pp' I i t i 3 i I t STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 06-1361 passed first reading on September 19, 2006, was duly and regularly adopted by the City Council of said City at a regular meeting of said Council, duly an adjourned regularly meeting held on the 9th day of October, 2006, and that the same was passed and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Mayor Dear,Ruiz-Raber, Williams and Gipson NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Santarina City Clerk, City o Carson, California i i l j` i I 4 EXHIBIT 1 DEBT INCURRENCE TIME LIMIT DELETION AMENDMENT TO THE AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CARSON MERGED AND AMENDED REDEVELOPMENT PROJECT AREA z; i L INTRODUCTION I 4 i The City Council of the City of Carson adopted the Redevelopment Plan for the Carson Project Area by Ordinance No. 1079, adopted on November 20, 1972, as amended by Ordinance No. 1534, adopted on January 5, 1987, as further amended and restated by Ordinance No. 1572, adopted October 16, 1989, as fin-ther amended by Ordinance No. 1669, adopted on November 21, 1994, and as further amended and restated by the Second Amended and Restated Redevelopment Plan for the Carson Redevelopment Project Area, adopted by Ordinance No. 1732 on October 5, 1998 (collectively, the "Plan"). The Plan, as amended, contains a time limit for the establishment of debt, advances and indebtedness (the "Debt Incurrence Limit") pursuant to the requirements of the Community Redevelopment Law ("CRL"). Health and Safety Code Section 33333.6(e)(2), effective January 1, 2002, permits an amendment to the Plan j to eliminate the Debt Incurrence Limit. This Amendment has been prepared by the Carson Redevelopment Agency (the "Agency") staff to effectuate the provisions of Health and Safety Code Section 33333.6(e)(2). i H. DELETION FROM PLAN Section X.B(1002)is hereby amended as follows: I r All time limit restrictions on the establishment of loans, advances and indebtedness shall not apply with respect to tax increment revenues received from: 1. the Redevelopment Project Area No. Two Original Area and the Redevelopment Project Area No. Two 1982 Amended Area: January 1, 2004; 2. the Redevelopment Project Area No. Three Original Area: July 16, 2004. I' III. EFFECT OF AMENDMENT All provisions of the Plan not specifically amended or repealed in this Amendment shall continue in full force and effect. i R f` } k k j 5