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Home My WebLink About2239ORDINANCE NO. 2239 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA EXTENDING THE TIME LIMIT THE EFFECTIVENESS OF THE REDEVELOPMENT PLAN FOR THE CENTRAL REDEVELOPMENT PROJECT AND THE TIME LIMIT TO PAY INDEBTEDNESS AND RECEIVE PROPERTY TAXES PURSUANT TO HEALTH AND SAFETY CODE SECTION 33670 UNDER THE REDEVELOPMENT PLAN FOR THE CENTRAL REDEVELOPMENT PROJECT PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(D) WHEREAS, the Redevelopment Agency of the City of Arcadia ("Agency") is a redevelopment agency established and acting pursuant to the California Community Redevelopment Law (California Health & Safety Code Sections 33000, et seq.) ("CRL"); and WHEREAS, pursuant to City Council of the City of Arcadia Ordinance No. 1490, adopted on December 26, 1973, the City Council of the City of Arcadia adopted the Redevelopment Plan -for the Central Redevelopment Project. The Redevelopment Plan for the Central Redevelopment Project has been amended by the City Council of the City of Arcadia through the following ordinances: (1) Ordinance No. 1722, adopted on May 19, 1981; (2) Ordinance No. 1847, adopted on November 4, 1986; (3) Ordinance No. 2025, adopted on November 1, 1994; (4) Ordinance No. 2102, adopted on June 4, 1999; (5) Ordinance No. 2181, adopted on October 7, 2003; (6) Ordinance No. 2184, adopted on November 18, 2003; and (7) Ordinance No. 2231, adopted on August 7, 2007 (collectively, the "Redevelopment Plan"); and 2239 WHEREAS, pursuant to CRL Section 33333.6(e)(2)(D), the Redevelopment Plan may be amended by ordinance to extend both the time limit for the effectiveness of the Redevelopment Plan and the time limit for the Agency to pay indebtedness and receive tax increment revenues pursuant to CRL Section 33670 under the Redevelopment Plan by one (1) year for each payment required of and made by the Agency to the County of Los Angeles Educational Revenue Augmentation Fund ("ERAF") in fiscal years 2004/05 and 2005/06, pursuant to CRL Section 33681.12; and WHEREAS, the Agency was required to make and made ERAF payments in both the 2004/05 and 2005/06 fiscal years, pursuant to CRL Section 33681.12; and WHEREAS, the City Council held a public hearing regarding adoption of this Ordinance on February 19, 2008 at 7:00 p.m. at the City of Arcadia City Council Chambers, 240 West Huntington Drive, Arcadia, California; and WHEREAS, notice of the public hearing regarding adoption of this Ordinance was given to all affected taxing entities at least thirty (30) days before the date of the public hearing and was published in a newspaper of general circulation in the community at least once, not less than ten (10) days prior to the date of the public hearing; and -Z- 2239 WHEREAS, City staff has determined that the enactment of this Ordinance is exempt from the California Environmental Quality Act (Public Resources Code section 21000 et seq.) ("CEQA"), pursuant to Title 14 California Code of Regulations Section 15061(b)(3), because there is no possibility that enactment of this Ordinance may have a significant effect on the environment, and pursuant to Title 14 California Code of Regulations Section 15378(b)(4), because this Ordinance creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. NOW, THEREFORE, THE CITY COiJNCIL OF THE CITY OF ARCADIA DOES ORDAIN, AS FOLLOWS: SECTION 1. Findings. The City Council of the City of Arcadia makes the following findings and determinations: 1. Notice of the public hearing regarding adoption of this Ordinance was mailed to the governing bodies of all affected taxing entities at least thirty (30) days prior to the date of the public hearing and published in a newspaper of general circulation, at least once, not less than ten (10) days prior to the date of the public hearing. -3- 2239 2. The funds used to make the ERAF payments in both the 2004/05 and 2005/06 fiscal years pursuant to CRL 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. 3. The time limit for the effectiveness of the Redevelopment Plan established pursuant to CRL Section 33333.6(a) is January 25, 2015, which is 10 years or less from the last day of each of the 2004/05 and 2005/06 fiscal years, and an ERAF payment was required of and made by the Agency pursuant to CRL Section 33681.12 in both the 2004/OS and 2005/06 fiscal years. 4. The Agency is in compliance with CRL Sections 33334.2 and 33334.6, has adopted an implementation plan in accordance with the requirements of CRL Section 33490, and is not subject to sanctions pursuant to CRL Section 33334.12 (e) for failure to expend, encumber or disburse an excess surplus. SECTION 2. Amendments to Redevelopment Plan. In accordance with CRL Section 33333.6(e)(2)(D), the following limitations for the Redevelopment Plan are established, subject to all other provisions of this Ordinance: -4- 2239 1. Except to the extent that a longer period of time may be allowed pursuant to the provisions of the CRL, as it may be amended from time to time, and notwithstanding any provision of the Redevelopment Plan, the Redevelopment Plan shall be effective until January 25, 2017. 2. Except to the extent that a longer period of time may be allowed pursuant to the provisions of the CRL, as it may be amended from time to time, the Agency shall not pay indebtedness or receive tax increment revenues, pursuant to CRL Section 33670, after January 25, 2027. SECTION 3. Confirmation of Redevelopment Plan. The Redevelopment Plan, as amended by this Ordinance, shall be and remain in full force and effect. SECTION 4. Authorization for Further Acts. The City Council authorizes and directs the City Manager to undertake such actions and execute such documents as may be reasonably necessary or convenient to carry out and administer the actions authorized by this Ordinance. SECTION 5. Severability. If any provision of this Ordinance as applied to any person or to any circumstance is adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, this fact shall in no way affect (to the maximum extent permissible by law) any other provision of this -5- 2239 Ordinance, the application of any such provision regarding another person or under circumstances different from those adjudicated by the court, or the validity or enforceability of this Ordinance as a whole. SECTION 6. Repeal of Conflicting Laws. The parts of other ordinances of the City of Arcadia that are in conflict with the provisions of this Ordinance are hereby repealed. SECTION 7. Publication. The City Council authorizes and directs the City Clerk to publish this Ordinance in the manner and time required by law. SECTION 8. CEQA Notice of Exemption. The City Council authorizes and directs the City Clerk to file a Notice of Exemption, pursuant to Title 14 California Code of Regulations Section 15062, with the Clerk of the Board of Supervisors of the County of Los Angeles or other appropriate official designated by the County of Los Angeles for such filing, regarding the adoption of this Ordinance, within five (5) calendar days following the date of adoption of this Ordinance. SECTION 9. Effective Date. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of this Ordinance to be published in the official newspaper of the City of Arcadia within fifteen (15) days after adoption of -6- 2239 this Ordinance. This Ordinance shall take effect on the thirty-first (31") day after its adoption. Passed, approved and adopted this 4th day of Marsh , 2008. Mayor of the Cit of cadia ATTEST: ~~.~. ~ City Clerk of the City of Arcadia APPROVED AS TO FORM: ~~~ C? ia~ Stephen P. Deitsch City Attorney -~- 2239 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2239 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 4th day of March, 2008 and that said Ordinance was adopted by the following vote, to wit: AYES: Council Member Amundson, Chandler, Harbicht, Wuo and Segal NOES: None ABSENT: None ~~~ ity Clerk of the City of Arcadia -a- 2239