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HomeMy WebLinkAbout2181 ORDINANCE NO. 218] AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ELIMINATING THE DEBT ]NCURRENCE DEADLINE FOR THE REDEVELOPMENT PLAN FOR THE CENTRAL REDEVELOPMENT PROJECT AREA WHEREAS, the Redevelopment Agency ("Agency") of the City of Arcadia (" Agency") has adopted a redevelopment plan ("Redevelopment Plan") for the Central Redevelopment Project Area ("Project Area") pursuant to the provisions of the California Comrnunity Redevelopment Law ("CRL") (Health and Safety Code Section 33000 et seq.); and WHEREAS, the Redevelopment Plan currently provides, among other things, that the Agency's authority to establish loans, advances or other indebtedness to be paid with the proceeds of property taxes received by the Agency shall expire on January 1,2004 ("Debt Incurrence Deadline"); and WHEREAS, pursuant to CRL Section 33333.6(e)(2), the Debt Incurrence Deadline rnay be eliminated pursuant to an ordinance ("Ordinance") of the City Council of the City acting in its capacity as the Agency's legislative body; and WHEREAS, pursuant to CRL Section 33333.6(e)(2), when adopting the Ordinance, neither the City Council of the City or the Governing Board of the Agency is required to comply with CRL Sections 33354.6 or 33450 et seq. or any other provision relating to the amendrnent of the Redeve]opment Plan; and 2181 WHEREAS, the Agency desires to eliminate its Debt Incurrence Deadline in accordance with CRL Section 33333.6; and WHEREAS, subsequent to the elimination of the Debt Incurrence Deadline, the Agency must make the payments to affected taxing entities required by CRL Section 33607.7; and WHEREAS, City staff has determined that eliminating the Debt Incurrence Deadline is exempt from the requirernents of the California Environmental Quality Act ("CEQA"), pursuant to State CEQA Guidelines Section ] 5378(b), because such elimination constitutes the creation of a funding mechanism and/or other governmental fiscal activity which does not involve any conm1itment to any specific project which may result in a potentially significant physical impact on the enVIronment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION]. The City Council of the City of Arcadia hereby eliminates the Debt InCUITence Deadline from the Redeve]opment Plan. SECTION 2. Section 50] of the Redevelopment Plan is hereby amended by deleting the second to last paragraph of Section 50] and replacing it with the following: 2 2181 "The Agency shall not establish or incur any loan, advance or indebtedness to be repaid from the allocation of taxes to the Agency pursuant to Health and Safety Code Section 33670 after the expiration of the term of the Redevelopment Plan as established pursuant to Section 102 hereof, unless this Redevelopment Plan is amended to provide a different time lirnit pem1itted under the Redevelopment Law." SECTION 3. The City Council finds and determines that the amendment to the Redevelopment Plan as provided in Ordinance is in compliance with CRL Section 33333.6(e)(2). SECTION 4. The Redeve]opment Plan, as arnended, shall remain in full force and effect, unmodified except to the extent of the amendment expressly set forth in this Ordinance. SECTION 5. The City Manager is hereby authorized and directed to undertake such actions and execute such documents as may be reasonably necessary or convenient to the carrying out and adrninistration of the actions authorized by this Ordinance. 3 2181 SECTION 6. The City Council hereby directs City staff to file a Notice of Exemption in accordance with CEQA within five (5) days of the adoption of this Ordinance. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days upon its adoption. This Ordinance shall take effect on the thirty-first (31 st) day after its enactment. Passed, approved and adopted this 7th day of October ,2003. ATTEST: Q~ Qity'Clerk ~ 4..~ ;/ APPROVED AS TO FORM: ~pl~ P. ~~ City Attorney 4 2181 ST A TE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance NO.2] 8] was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 7th day of October, 2003 and that said Ordinance was adopted by the following vote, to wit: A YES: Councilmembers Chang, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None Q~Jw~ wty Clerk of the ei y of Arcadia ,// 5 2181