HomeMy Public PortalAboutOrdinance 05-9001
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ORDINANCE NO. 05 -900
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY ELIMINATING THE TIME LIMIT ON ESTABLISHMENT OF
LOANS, ADVANCES AND INDEBTEDNESS, EXTENDING THE TIME
LIMIT OF THE EFFECTIVENESS OF THE REDEVELOPMENT PLAN,
EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS
AND RECEIPT OF TAXES UNDER AUTHORITY OF THE
REDEVELOPMENT PLAN FOR THE ROSEMEAD BOULEVARD
REDEVELOPMENT PROJECT
WHEREAS, the City Council ( "Council ") of the City of Temple City ( "City ") adopted Ordinance No.
72 -350 on May 16, 1972, adopting the Redevelopment Plan for the Rosemead Boulevard Redevelopment
Project (the "Plan" and "Project," respectively); and
WHEREAS, the Plan was amended to include certain time and fiscal limitations by Ordinance No.
86 -598 on December 16, 1986, and such time and fiscal limitations were subsequently amended by
Ordinance No. 93 -758U on December 21, 1993, by Ordinance No. 94 -771 on December 6, 1994, by
Ordinance No. 99 -833 on March 16, 1999, and by Ordinance No. 04 -892 on January 20, 2004; and
WHEREAS, the Plan, as amended, has a time limit of January 1, 2004, within which the Temple
City Community Redevelopment Agency (the "Agency ") may incur debt in conjunction with
implementation thereof in conformity with the California Community Redevelopment Law (CCRL;
California Health and Safety Code Section 33000, et seq.); and
WHEREAS, CCRL Section 33333.6(e)(2) was amended by the California legislature in 2001,
effective January 1, 2002 ( "SB211 "), to provide that as to redevelopment plans originally adopted prior to
January 1, 1994, the legislative body of an agency (Council) may enact an ordinance eliminating the
deadline on incurring indebtedness formerly required by Section 33333.6 of the CCRL, and to further
provide that such ordinance may be adopted without compliance with CCRL Section 33354.6, Article 12
of the CCRL, or any other provision of the CCRL pertaining to amendments of redevelopment plans,
except that the redevelopment agency must make the payments to affected taxing entities required by
CCRL Section 33607.7 from the date the plan reaches the previously existing deadline to incur debt; and
WHEREAS, pursuant to CCRL Section 33333.6, the Plan, as amended, established a time limit
on the effectiveness of the Plan and a time limit on the period for payment of indebtedness and receipt of
property taxes under authority of the Plan; and
WHEREAS, by and through Senate Bill 1045 ( "SB 1045 ") CCRL Section 33333.6 was amended
to provide that as to redevelopment plans originally adopted before January 1, 1994, and when such
redevelopment agency is required to make a payment to the Educational Revenue Augmentation Fund
(ERAF) in fiscal year 2003 -2004 pursuant to CCRL 33681.9, the Council, as the legislative body of the
Agency, may enact an ordinance to extend by one year the time limit on the effectiveness of the
Redevelopment Plans and the time limit for payment of indebtedness and receipt of property taxes under
authority of the Redevelopment Plans, without compliance with the normal procedures for redevelopment
plan amendments including provisions promulgated in CCRL Section 33354.6 and Article 12; and
WHEREAS, by and through Senate Bill 1096 ( "SB 1096 ") CCRL Section 33333.6 was amended
to provide that as to redevelopment plans originally adopted before January 1, 1994, and when such
redevelopment agency is required to make a payment to the Educational Revenue Augmentation Fund
(ERAF) in fiscal years 2004 -2005 and 2005 -2006 pursuant to CCRL 33681.12, the Council, as the
legislative body of the Agency, may enact an ordinance to extend by two years the time limit on the
effectiveness of the Redevelopment Plans and the time limit for payment of indebtedness and receipt of
property taxes under authority of the Redevelopment Plans, without compliance with the normal
procedures for redevelopment plan amendments including provisions promulgated in CCRL Section
33354.6 and Article 12; and
Ordinance No. 05 -900
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WHEREAS, the enactment of this Ordinance is exempt from the California Environmental Quality
Act (CEQA; Public Resources Code Section 21000, et seq.) pursuant to CEQA Guidelines Section
15378(b)(4) (California Code of Regulations Section 15378(b)(4)) because the actions described herein
are fiscal activities which do not involve any commitment to any specific project which may result in
potentially significant physical impacts on the environment.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. The time limit to incur debt set forth in the Plan and the implementation thereof, is
hereby eliminated; and the Agency is hereby authorized to incur indebtedness and any other obligations
with respect to the Plan in accordance with all remaining provisions of the Plan, at any time during which
the Plan is effective.
SECTION 2. The current time limit on the effectiveness of the Plan is hereby extended by three
years (from the existing time limit of June 15, 2012) to June 15, 2015, and the Agency is hereby
authorized to act with respect to the Plan at any time during which the Plan is effective.
SECTION 3. The current time limit on paying indebtedness or receiving property taxes pursuant
to the Plan and CCRL is hereby extended by three years (from the existing time of June 15, 2022) to
June 15, 2025, and the Agency is hereby authorized to act with respect thereto during such extended
period.
SECTION 4. Except with respect to the amendments set forth herein the Plan shall remain
unchanged and in full force and effect in accordance with its terms.
SECTION 5. This Ordinance shall go into effect and be in full force and operation from and after
thirty (30) days after its final passage and adoption. The City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause this Ordinance to be published as set forth below.
SECTION 6. A notice shall be published once in a newspaper of general circulation in the City,
setting forth the title of this Ordinance, the date of its introduction and the places where this Ordinance is
posted. Within fifteen (15) days following final adoption, a summary of the Ordinance with the names of
the council members and votes shall be published in a newspaper of general circulation.
SECTION 2. The City Clerk shall certify to the passage and adoption of this Ordinance and to its
approval by the Mayor and shall cause the same to be published according to law.
PASSED, APPROVED AND ADOPTED on this 2nd day of August, 2005.
MAYOR
ATTEST:
City Clerk
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Ordinance No. 05 -900
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I, City Clerk of the City of Temple City, do hereby certify that the foregoing ordinance, Ordinance
No. 05 -900, was introduced at a regular meeting of the City Council of the City of Temple City held on the
19th day of July, 2005, and was duly passed, approved, and adopted by said Council at a regular meeting
of the City Council held on the 2nd day of August, 2005 by the following vote:
AYES: Councilmember - Gillanders, Wilson, Wong, Capra, Arrighi
NOES: Councilmember -None
ABSENT: Councilmember -None
ABSTAIN: Councilmember -None