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Home My Public Portal About07-1378ORDINANCE NO. 07-1378 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA ADOPTING AN AMENDMENT TO THE AMENDED MFOR REDEVELOPMENT REDVELOPMENT PROJECT AREA NO. ESPECT TO THEALTHTHE AND AMENDMENT AREA P 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 to Ordinance adopted the No. Redevelopment Plan for Project Area No. One (the „Ot "Original No. One," which encompassed the 71 -205 on December 20, 1971, thereby creating "Project 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 74-288, WHEREAS, the 1971 Area under the Original Plan wa 1974 amended yreOdrdo herein as the adopted on February 4, 1974 (the 1971 Area, as amended in refer "Original Area"); and WHEREAS, the Redevelopment Plan for Project Area No. One was subsequently b) amended: (a) by Ordinance 81 -579, adopted on tional area (thee 1984Am changes, dment roving for crtain by Ordinance No. 84 -696 on July 16, 1984, which added additional Area "), (c) by Ordinance No. 86 -766 on January 5, 1987, establishing certain time e, limits 994 b Ordinance No. 9 p required by the CRL, (d) by b Ordinance 96 -1090 on June 4, 1996 to establishing additional limits on certain plans, (e) Y by Ordinance No. 96 -1094 on extend certain limits related to eminent domain proceedings, (f) y July 16, 1996 to add additional area (the "1996 Amend me t e "a129and adopt November Amended ed to Restated Plan for Project Area No. One, (g) by Ordin SB extend the life of the plan and time to collect tax increment 2006, eliminating the time me 1 mits for 1045; and (h) by Ordinance No. 06 -1362 on December of the CRL (herein the Original incurrence of indebtedness pursuant to Section 33333.6(e)(2) Plan, as amended is referred to as the "Redevelopment Plan "); and 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 to the county's Educational Revenue Augmentation Fund ( "ERAF ") pursuant to Section 33681.12 of the CRL (during fiscal year 2004 -05 and /or 2005 -06), the legislative body may amend the redevelopment is plan by adoption of an ordinance to extend, by one year for each year in which a payment the made, the time limit on the effectiveness of the funds (herleinafter referred to as ann and the time limit "SB repayment of indebtedness and receipt of tax incr ement f 01007/0001/49080.01 ORDINANCE NO. 07 -1378 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA ADOPTING AN AMENDMENT TO THE AMENDED AND RESTATED REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 1 WITH RESPECT TO THE 1984 AMENDMENT 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 ") pursuant to Ordinance No. 71 -205 on December 20, 1971, thereby creating "Project Area No. One," which 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 in 1974 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, 1984, 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, (f) by Ordinance No. 96 -1094 on July 16, 1996 to add additional area (the "1996 Amendment Area ") 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 Original Plan, as amended is referred to as the "Redevelopment Plan "); and 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 to the county's Educational Revenue Augmentation Fund ( "ERAF ") pursuant to Section 33681.12 of the CRL (during fiscal year 2004 -05 and /or 2005 -06), the legislative body may amend the redevelopment plan by adoption of an ordinance to extend, by one year for each year in which a payment 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 01007/0001/49080.01 1096 Amendment ") upon the making of certain findings if time limit for the effectiveness of the redevelopment plan is more than 10 years but less than 20 years 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 plan adds territory, the limits apply separately to the added areas from the date of adoption of each added area; and WHEREAS, 1984 Amendment Area of the Redevelopment Plan has more than 10 years but less than 20 years remaining from the last day of the Fiscal Year 2005/06 in which the ERAF payment was made (but not for Fiscal Year 2004/05); and WHEREAS, because the Agency made a payment to the County of Los Angeles ERAF pursuant to Section 33681.12 of the CRL during Fiscal Year 2005 -06, the Agency has proposed that the Redevelopment Plan relating to the 1984 Amendment Area be amended for the purpose of extending, by one year, 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; and WHEREAS, Section 33333.6(e)(2)(D) of the CRL further provides that in adopting an SB 1096 Amendment, neither the legislative body nor the redevelopment agency is required to comply with Section 33354.6 or Article 12 of the CRL or any other provision of the CRL relating to the amendment of redevelopment plans; and WHEREAS, the City Council held a public hearing in the City Council Chambers, 701 East Carson Street, Carson, California, on April 17, 2007, to consider adoption of the proposed SB 1096 Amendment to the Redevelopment Plan with respect to the 1984 Amendment Area; and WHEREAS, a notice of said hearing was duly and regularly published in The Daily Breeze, a newspaper of general circulation in the city of Carson on March 13, 2007, and a copy of said notice and affidavit of publication are on file with the City Clerk; and WHEREAS, copies of the notice of public hearing were mailed to each taxing entity which receives taxes from property in the Project Area on or before March 16, 2007; and WHEREAS, the City Council has provided an opportunity for all persons to be heard and has received and considered all written and oral evidence and testimony presented for or against any and all aspects of the proposed SB 1096 Amendment to the Redevelopment Plan with respect to the 1984 Amendment Area; and WHEREAS, the Carson Redevelopment Agency (the "Agency ") has analyzed the provisions of the Redevelopment Plan and the provisions of Health and Safety Code Section 33333.6(e)(2)(D), and has determined that the Redevelopment Plan may be amended as provided herein; and WHEREAS, the City Council desires to amend the Redevelopment Plan in accordance with the terms hereof as authorized pursuant to Health and Safety Code Section 33333.6(e)(2)(D); and 01007/0001/49080.01 2 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; 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. Section 2. The City Council has reviewed the items submitted herewith and the current Five Year Implementation Plan relating to the Agency's project areas and hereby finds and declares that: (a) The Agency is in compliance with the requirements of Sections 33334.2 and 33334.6 of the CRL, as applicable; and (b) The Agency has adopted an implementation plan in accordance with the requirements of Section 33490 of the CRL; and (c) The Agency is in compliance with subdivisions (a) and (b) of Section 33413, to the extent applicable; and (d) The Agency is not subject to sanctions pursuant to subdivision (e) of Section 33334.12 for failure to expend, encumber or disburse an excess surplus from its Housing Fund; and (e) The funds used by the Agency to make the payments to the Educational Revenue Augmentation Fund pursuant to 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 3. The Amendment attached hereto as Exhibit "A" 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 4. The Amendment is hereby adopted, approved and designated as part of the official Redevelopment Plan for Project Area No. One. It is the purpose and intent of the City Council that the Amendment be implemented as part of the Redevelopment Plan for Project Area No. One. 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 then constitute the official Redevelopment Plan for the Project Area. 3 01007/0001/49080.01 Section 5. To the extent of the amendment set forth in the Amendment, this Ordinance amends the prior Ordinances enacting and amending the Redevelopment Plan for Project Area No. One. Section 6. The City Council hereby approves the CEQA Notice of Exemption for the Amendment and authorizes the filing of a Notice of Exemption with the County Clerk of the County of Los Angeles. Section 7. If any provision, section, subsection, subdivision, sentence, clause or phrase of this Ordinance or the Amendment is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion or portions of the Ordinance or the Amendment. Section 8. All provisions of the Redevelopment Plan not specifically amended or repealed in this Amendment shall continue in full force and effect. Section 9. This Ordinance shall be 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. ATTEST: PASSED, APPROVED, and ADOPTED this 1ST day of MAY, 2007. ul City Clerk Helen S. Kawag APPROVED AS TO FORM: Aleshire & Wynder, LLP City Attorney 4 01007/0001149080.01 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- 1378 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: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Mayor Dear, Williams, Gipson and Davis - Holmes None None Santarina InCr < ti--zz_ City Clerk, City of Carson, California 4b EXHIBIT A I. Section X (1000) of the Amended and Restated Redevelopment Plan for the Sixth Amendment to Redevelopment Project Area No. 1 is hereby amended by deleting Subsection A (1001) in its entirety and replacing it with the following language: "A. (1001) Effectiveness of the Plan Except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, and the affordable housing covenants imposed by the Agency which shall continue in effect for a period as may be determined and specified by the Agency, and except as provided in this Section 1001, or as otherwise permitted by law, the provisions of this Plan, and the provisions of other documents formulated pursuant to this Plan shall be effective for the time periods indicated below; provided however, that subject to the limitations and exceptions set forth in Sections 1002 and 1003 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 retirement of such bonds or other obligations. Pursuant to Ordinance No. 96 -1094, adopted on July 16, 1996, Ordinance No. 03 -1299 adopted on November 4, 2003, Ordinance No. 07 -1377 to be adopted concurrently herewith and Ordinance No. 07 -1378 adopting this amendment, the provisions of this Plan shall be effective: 1. For the Redevelopment Project Area No. One Original Area: December 20, 2014. 2. For the Redevelopment Project Area No. One 1984 Amended Area: July 16, 2026. 3. For the Redevelopment Project Area No. One 1996 Amendment Area: August 16, 2027. After the time limit on the effectiveness of the Plan has expired, the Agency shall have no authority to act pursuant to the Plan except to pay previously incurred indebtedness and to enforce existing covenants or contracts. However, if the Agency has not completed its housing obligations pursuant to Section 33413 of the Redevelopment Law, the Agency shall retain its authority to implement requirements under 33413, including the ability to incur and pay indebtedness for this purpose, and shall use this authority to complete these housing obligations as soon as is reasonably possible." 01007/0001,149080.01 5