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Home My Public Portal About07-1377ORDINANCE NO. 07 -1377 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA ES AMENDMENT TO THE AMENDED AND R RESTATED ED REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 1 WITH RESPECT TO THE ORIGINAL AREA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(D), AND AMENDING RELATED ORDINANCES IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Carson approved and adopted the Redevelopment Plan for Project Area No. One (the "Original Plan") pursut to 71 -205 on December 20, 1971, thereby creating "Project Area No. One," whiicch encompassed the certain area within the City of Carson (the "1971 Area "); and WHEREAS, the Original Plan was adopted pursuant to the California Redevelopment Law, constituting Health and Safety Code Section 33000 et seq. ( "CRL "); and WHEREAS, the 1971 Area under the Original Plan was amended by Ordinance 74 -288, adopted on February 4, 1974 (the 1971 Area, as amended is referred to herein as the "Original Area "); and WHEREAS, the Redevelopment Plan for Project Area No. One was subsequently amended: (a) by Ordinance 81 -579, adopted on July 16, 1984 providing for certain changes, (b) by Ordinance No. 84 -696 on July 16, 1 984, which added additional area (the "1984 Amendment Area "), (c) by Ordinance No. 86 -766 on January 5, 1987, establishing certain time limits required by the CRL, (d) by Ordinance No. 94 -1045, adopted on November 15, 1994 establishing additional limits on certain plans, (e) by Ordinance 96 -1090 on June 4, 1996 to extend certain limits related to eminent domain proceedings, July 16, 1996 to add additional area (the "1996 Amendment Ara ") and adopt the Amended and Restated Plan for Project Area No. One, (g) by Ordinance No. 03 -1299 on November 4, 2003 to extend the life of the plan and time to collect tax increment revenues by one year pursuant to SB 1045; and (h) by Ordinance No. 06 -1362 on December 13, 2006, eliminating the time limits for incurrence of indebtedness pursuant to Section 33333.6(e)(2) of the CRL (herein the Ori inal Plan, as amended is referred to as the "Redevelopment Plan"); and g WHEREAS, Section 33333.6(e)(2)(D) of the CRL (enacted by SB 1096, Stats. 2004, Chap. 211) provides that when an agency is required to make a payment Revenue Augmentation Fund ERAF P y3368 .1 the the CRL county's (during fiscal year 2004 -05 and /or 2005 -06), the legislative body may am amend helredevelopment of the CR plan by adoption of an ordinance to extend, by one year for each year in whicha yment is made, the time limit on the effectiveness of the redevelopment plan and the time limit on the repayment of indebtedness and receipt of tax increment funds (hereinafter referred to as an "SB 1096 Amendment ") if the time limit for the effectiveness of the redevelopment plan established 01007/0001/49188.01 pursuant to subdivision (a) of 33333.6 is 10 years or less from the last day of the fiscal year in which a payment is made; and WHEREAS, pursuant to Section 33333.6(c) of the CRL, where a redevelopment adds territory, the limits apply separately to each added area from the date of adoption nt plan added area; and ption of each WHEREAS, the Original Area of the Redevelopment Plan has less than 10 years remaining from the last day of the Fiscal Years for 2004/05 and 2005 /06; and WHEREAS, because the Agency made a payment to the County of Los Angeles E pursuant to Section 33681.12 of the CRL during fiscal year 2004 -05 and 2005 -06, the Agency has proposed that the Redevelopment Plan relating to the Original Area be purpose of extending, by two years, the time limit on the effectiveness of the Redevelopmnt the or ent Plan and the time limit on the repayment of indebtedness and receipt of tax increment funds; and WHEREAS, Section 33333.6(e)(2)(D) of the CRL further provides that in adopting SB 1096 Amendment, neither the legislative body nor the redevelopment agency comply with CRL Section 33354.6 or CRL, p mg an to the amendment of redevelopment plans; and Article 12 or any other provision of the CRL relating WHEREAS, the City Council held a public hearing in the City Council Chambers East Carson Street, Carson, California, on April 17, 2007, to consider adoption of the 7e SB 1096 Amendment to the Redevelopment Plan with respect to the Original Area, ; proposed and WHEREAS, a notice of said hearing was duly and regularly published in The D Breeze, a newspaper of general circulation in the city of Carson on March 13, 2007, a of said notice and affidavit of publication are on file with the City Clerk; and ' and a coppy y WHEREAS, copies of the notice of public hearing were mailed to each taxin which receives taxes from property in Project Area No. One on or before March 16 2 007g entity 2007; and WHEREAS, the City Council has provided an opportunity for all persons to be heard has received and considered all written and oral evidence and testimony and any and all aspects of the proposed SB 1096 Amendment to the Redevelopment respect to the Original Project Area; and with WHEREAS, the Carson Redevelopment Agency (the "Agency") has analyzed the provisions of the Redevelopment Plan and the provisions of Health and Saf g Section 33333.6(e)(2)(D), and has determined that the Redevelopment et Code edevelopment Plan ma provided herein; and may amended as WHEREAS, the City Council desires to amend the Redevelopment Plan in accord ance with the terms of the SB 1096 Amendment; and WHEREAS, the Agency has prepared and submitted and the City Council has review and considered the staff report on the Amendment; and ed 01007/0001/49188.01 WHEREAS, the Agency staff has prepared and submitted to City Council for rev' approval a CEQA Notice of Exemption pursuant to CRC Section 15378 b 2 >he CEQA Guidelines; and () (), (4) and (5) ) o of t the NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CARSON: OF THE CITY Section and correct. Section this Ordinance Ordinance. 1. The City Council hereby finds and declares that the above recitals are true 2. The Amendment attached hereto as "Exhibit A" is hereby incorporated in by reference and made a part of this Ordinance as if set out in full in the Section 3. The City Council hereby finds that funds used to make a a county's Educational Revenue Augmentation Fund pursuant to Section 33681.12 t 681.121 to the otherwise have been used to pay the costs of projects and activities necessary to would goals and objectives of the redevelopment plan. y carry out the Section 4. The Amendment is hereby adopted, approved and designated official Redevelopment Plan for the Original Area of Project Area No. One. It is the of the City Council that the Amendment be implemented as part of the Plan for the Project Area. The Executive Director of the Agency he purpose and p nted as part of the Redevelopment incorporates the provisions of the Amendment into the existing text f the Redev document that and such document shall then constitute the official Redevelopment Plan for the Project e Plan, Section 5. Area. To the extent of the amendment set forth in the Amendment, this Ordinance amends the prior Ordinances mentioned in this Ordinance. Section 6 Amendment and County of Los An Section 7 phrase of this unconstitutional, of the Ordinance The City Council hereby approves the CEQA Notice of Exemption for the authorizes the filing of a Notice of Exemption with the County Clerk of the geles. If any provision, section, subsection, subdivision, sentence, clause or Ordinance or the Amendment is for any reason held to be invalid or such decision shall not affect the validity of the remaining portion or portions or the Amendment. Section 8. All provisions of the Redevelopment Plan not specificall ame repealed in this Amendment shall continue in full force and effect. y nded or Section 9. This Ordinance shall be posted according to the city's normal before its final passage, and shall be in full force and effect thirty (30) days practice passage. ) y after its final 01007/0001/49188.01 3 PASSED, APPROVED, and ADOPTED this 1st day of May, 20 ATTEST: City Clerk Helen S. •wagoe APPROVED AS TO FORM: Aleshire & Wynder, LLP Mayor Jim Dear 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. 07- 1377 passed first reading on April 17, 2007, was duly and regularly adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 1st day of May, 2007, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: 01007/0001/49188.01 COUNCIL COUNCIL COUNCIL COUNCIL MEMBERS: MEMBERS: MEMBERS: MEMBERS: Mayor Dear, Williams, Gipson and Davis - Holmes None None Santarina 4 Q City lerk, City of Cars n, California EXHIBIT A I. Section X (1000), Subsection A (1001) of the d Plan for the Sixth Amendment to Redevelopment Project Ared and Restated Redevelopment deleting the paragraph labeled "1." in its entirety and replacing Area No. 1 is hereby it with the followiny amended by lan "1. For the Redevelopment Plan Project Area No. One p g gunge: 2014." g i nal Area: December 20, 01007 /0001 /49188.01 5