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O1779 e e RM: JPM:OP1B (mac) City Council Meeting November 29, 1994 Santa Monica, California ORDINANCE NUMBER 1779 (City Council Series) AN ORDINANCE OF THE CITY OF SANTA MONICA, CALIFORNIA, AMENDING THE REDEVELOPMENT PLAN FOR THE OCEAN PARK REDEVELOPMENT PROJECT l(E), 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 l(b) was approved and adopted by the City Council of the City of Santa Monica on January 17, 1961, by Ordinance No. 516, hereinafter referred to as the "Original Project Area"; and WHEREAS, the Redevelopment Plan for the Ocean Park Redevelopment Project 1(b) was amended by Ordinance of the City Council of the City of Santa Monica, November, 1964, to, among other things, expand the boundaries of the Original Project Area, hereinafter referred to as the "Added Territory". 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 e e 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 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 1(b), the City Council hereby establishes the following limitations for the Ocean Park Redevelopment Project l(b), Original Project Area, 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(b), Original Project Area, 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 - e 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(b), after the Agency makes the findings required 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. B. In accordance with Health and Safety Code Section 33333.6(b), the effectiveness of the Redevelopment Plan for the Ocean Park Redevelopment Project l(b), Original Project Area, 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 l(b), 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 Project l{b), Original Project Area. Section 2. 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(b), with respect to the Added Territory, the City Council hereby establishes the following limitations for the Ocean Park Redevelopment Project l(b), subject to all of the provisions of this Ordinance and further subject to Health and Safety Code Section e e 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(b), with respect to the Added Territory, 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(b), after the Agency makes the findings required 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. B. In accordance with Health and Safety Code Section 33333.6(b) the effectiveness of the Redevelopment Plan for the Ocean Park Redevelopment Project l(b) with respect to the Added Territory, 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(b) except to pay previously incurred e e 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 payment of indebtedness or receipt of property taxes pursuant to Health and Safety Code Section 33670 after January 1, 2019, for the purposes of the Ocean Park Redevelopment Project lib), with respect to the Added Territory, is prohibited. Section 3. The limitations established in this Ordinance shall apply to the Redevelopment Plan for the Ocean Park Redevelopment Project lib) and may only be amended in the manner required and to the extent permitted by law. Section 4. 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 5. 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 jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares ~hat 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 e e would be subsequently declared invalid or unconstitutional. Section 6. 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: hu- i +A<u f<.L~ MARSHA JONES MOUTRIE City Attorney e e J1 J!;J,. Mayor State of CalIforma ) County of Los Angeles ) ss City of Santa Monica ) I, Clarice E Dykhouse, City Clerk of the CIty of Santa Monica, do hereby certIfy that the foregomg Ordmance No 1779 (CCS) had Its first reading on November 22, 1994 and had its second readmg on November 29, 1994 and was passed by the followmg vote Ayes CouncIlmembers Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein, Vazquez Noes. CouncIlmembers. None Abstain CouncIlmembers None Absent CouncIlmembers None ATTEST ~~/~~Dr~ CIty Clerk