O1779
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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
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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
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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
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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
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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
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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
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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
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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