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HomeMy Public PortalAboutOrdinance 05-9001 1 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 Page 2 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 1 1 1 Ordinance No. 05 -900 Page 3 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