O1778
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City Council Meeting November 29, 1994
Santa Monica, California
ORDINANCE NUMBER 1778
(City Council Series)
AN ORDINANCE OF THE CITY OF SANTA MONICA, CALIFORNIA, AMENDING
THE REDEVELOPMENT PLAN FOR THE OCEAN PARK REDEVELOPMENT PROJECT
l(A), AND ESTABLISHING CERTAIN LIMITATIONS FOR THE REDEVELOPMENT
PLAN PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW REFORM ACT OF
1993 (ASSEMBLY BILL 1290)
WHEREAS, the Redevelopment Plan for the Ocean Park Redevelopment
Project 1(a) was approved and adopted by the City Council of the City of
Santa Monica on June 30, 1960, by Ordinance No. 497; and
WHEREAS, in 1993 the California State Legislature enacted the
Community Redevelopment Reform Act of 1993 (AB1290), making various
amendments to the Community Redevelopment Law (Health and Safety Code
Section 33000, ~ seq.), which became effective on January 1, 1994; and
WHEREAS, Health and Safety Code Section 33333.6 expressly requires
each redevelopment plan adopted prior to December 31, 1993, to contain
certain restrictions and limitations, which must be imposed prior to
December 31, 1994; and
WHEREAS, Health and Safety Code Section 33333.6 expressly provides
that such restrictions and limitations be imposed by way of ordinance
and shall be deemed to constitute an amendment of the redevelopment plan
without the necessity of compliance with Health and Safety Code Section
33450 or any other provision of the Community Redevelopment Law relating
to amendment;
NOW, THEREFORE,
the City Council of the City of Santa Monica does
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ordain as follows:
Section 1. In accordance with the requirements of the Community
Redevelopment Law Reform Act of 1993, and notwithstanding any other
provision in the Redevelopment Plan for the Ocean Park Redevelopment
Project l(a), the City Council hereby establishes the following
limitations for the Ocean Park Redevelopment Project l(a), subject to
all of the provisions of this Ordinance and further subject to Health
and Safety Code Section 33333.6(g) and (h):
A. In accordance with Health and Safety Code Section 33333.6(a),
the time for establishing loans, advances and indebtedness to be paid
with the proceeds of property taxes received pursuant to Health and
Safety Code Section 33670, to finance in whole, or in part, the Ocean
Park Redevelopment Project l(a), shall not exceed January 1, 2004. This
limit, however, shall not prevent the Agency from incurring debt to be
paid from the Low and Moderate Income Housing Fund or establishing more
debt in order to fulfill the Agency's housing obligations under Health
and Safety Code Section 33413. This limit shall not prevent the Agency
from refinancing, refunding, or restructuring indebtedness after the
time limit if the indebtedness is not increased and the time during
which the indebtedness is to be repaid does not exceed the date on which
the indebtedness would have been paid. This time limit may be extended
only by amendment of the Redevelopment Plan for the Ocean Park
Redevelopment Project l(a), after the Agency makes the findings required
by subdivisions (a) (2) (A) and (a) (2) (B) of Health and Safety Code
Section 33333.6. However, this amended time limit may not exceed
January 1, 2014.
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B. In accordance with Health and Safety Code Section 33333.6(b)
the effectiveness of the Redevelopment Plan for the Ocean Park
Redevelopment Project 1(a) shall terminate January 1, 2009; after which
time the Agency shall have no authority to act pursuant to the
Redevelopment Plan for the Ocean Park Redevelopment Project 1(a) except
to pay previously incurred indebtedness and to enforce existing
covenants, contracts or other obligations.
C. In accordance with Health and Safety Code Section 33333.6(c),
except as provided in subdivisions (g) and (h) of Health and Safety
Code Section 33333.6, the Agency shall not pay indebtedness or receive
property taxes pursuant to Health and Safety Code Section 33670 after
January 1, 2019, for the purposes of the Ocean Park Redevelopment
Pro ject 1 (a) .
Section 2. The limitations established in this Ordinance shall
apply to the Redevelopment Plan for the Ocean Park Redevelopment Project
l(a) and may only be amended in the manner required and to the extent
permitted by law.
Section 3. Any provision of the Santa Monica Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance,
to the extent of such inconsistencies and no further, are hereby
repealed or modified to that extent necessary to affect the provisions
of this Ordinance.
Section 4. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
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jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares
that it would have passed this Ordinance, and each and every section,
subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the Ordinance
would be subsequently declared invalid or unconstitutional.
Section 5. The Mayor shall sign and the City Clerk shall attest
to the passage of this Ordinance. The City Clerk shall cause the same
to be published once in the official newspaper within 15 days after its
adoption. This Ordinance shall become effective after 30 days from its
adoption.
APPROVED AS TO FORM:
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~RSHA JONiS MOUTRIE
City Attorney
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t?yor
State of CalIfornIa )
County of Los Angeles) ss.
CIty of Santa Mornca )
I, Clarice E. Dykhouse, City Clerk of the City of Santa Monica, do hereby certIfy that the
foregoing Ordmance No.I778 (CCS) had Its fIrst readmg on November 22, 1994 and had
Its second reading on November 29, 1994 and was passed by the following vote
Ayes. CouncIlmembers.
Abdo. Genser, Greenberg, Holbrook, Olsen, Rosenstein,
Vazquez
Noes. CouncIlmembers.
None
Abstam' CouncIlmembers'
None
Absent: Councilmembers.
None
ATTEST
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City Clerk