SR-414-003 (12)
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Santa Monica@
City Council Report
City Council and Redevelopment Agency Joint Meeting: June 27,2006
Agenda Item: 1- P
To:
Mayor and City Council
Chairperson and Redevelopment Agency
From:
Jeff Mathieu, Director Resource Management Department
Subject:
Four Ordinances to Extend Plan Limits of the Earthquake Recovery,
Downtown, Ocean Park 1 A and Ocean Park 1B Redevelopment Project
Areas as Authorized by Senate Bill 1096.
Recommended Action
It is recommended that:
1) The Redevelopment Agency Board ("Agency") request the City Council to
introduce four ordinances extending the Plan effectiveness dates and the debt
repayment and receipt of tax increment dates by two years for the Earthquake
Recovery, Downtown, Ocean Park 1A and Ocean Park 1B Redevelopment
Project Areas in accordance with Senate Bill 1096 ("SB 1 096"). [Health & Safety
Code ~33333.2 (d)(4) and 33333.6(e)(2)(D)]; and
2) The City Council introduce for first reading the attached ordinances for the
Agency's four redevelopment project areas extending the plan limits as described
herein for the Earthquake Recovery, Downtown, Ocean Park 1A, and Ocean
Park 1B Redevelopment Project Areas.
1
Executive Summary
In 1992, the State Legislature for the first time enacted Educational Revenue
Augmentation Funds ("ERAF") to reduce the State's obligations to fund education and
reduce a portion of the State's budget shortfall. ERAF reallocates a portion of property
tax revenues due local governments (counties, cities, special districts, and
redevelopment agencies) to fund education, thereby reducing the State General Fund
allocations to school districts. As a component of the FY 2004-2005 State budget, the
Legislature adopted SB 1096, which required every redevelopment agency to make an
ERAF payment to the County Auditor for the 2004-2005 and 2005-2006 Fiscal Years.
In an effort to offset the financial burden caused by the ERAF payments, SB 1096
authorizes redevelopment agencies to amend their redevelopment plans to extend the
time limits of effectiveness of their plans and to extend the dates for debt repayment
and receipt of tax increment. Under SB 1096, redevelopment agencies may amend
their redevelopment plans, depending upon the time remaining in the lives of these
plans, by one year if the agency was required to make an ERAF payment for FY 04-05
and an additional year if the agency was required to make an ERAF payment for
FY 05-06.
Since all four of the Agency's Redevelopment Project Areas meet SB 1096
requirements, City Council is authorized to extend the Plan effectiveness date, and the
debt repayment and receipt of tax increment dates for the Ocean Park 1A and 1 B,
Downtown and Earthquake Recovery Plans by two years.
2
Discussion
Analvsis
In order to qualify for the extensions, in addition to making the required ERAF payments
and meeting certain public hearing notice requirements, the legislative body must make
certain findings. For redevelopment plans with 10 years or fewer remaining on plan
effectiveness (Ocean Park 1A & 1 B), only one finding must be made. That finding is
that the funds used to make the ERAF payment would otherwise have been used to pay
the costs of the projects and activities necessary to carry out the goals and objectives of
the redevelopment plan. For redevelopment plans with 10 years to 20 years remaining
on plan effectiveness (Downtown and Earthquake Recovery), the legislative body must
make the following findings:
1. Funds used to make the ERAF payments would otherwise have been used to
pay the costs of the projects and activities necessary to carry out the goals and
objectives of the redevelopment plan;
2. The Agency is in compliance with statutory Housing Fund requirements;
3. The Agency has an adopted Five-Year Implementation Plan;
4. The Agency is in compliance with applicable inclusionary and replacement
housing production requirements; and
5. The Agency is not subject to sanctions for Housing Fund excess surplus.
The City Council is required to hold a public hearing before adopting the ordinances.
Notice of the hearing must be mailed to affected taxing entities at least 30 days prior to
the hearing and must be published in a local newspaper at least 10 days prior to the
hearing.
3
Since the Agency remitted ERAF payments totaling $3,413,292.39 for FY 2004-05 and
$2,941,553.59 for FY 2005-06 and because all four of the Agency's Redevelopment
Plans satisfy the SB 1096 requirements and notice of the public hearing has been
given, the time limits for plan effectiveness and the time limit to repay indebtedness and
receive tax increment for each plan may be extended by an additional two years. The
following table summarizes the proposed extensions:
RECEIVING TAX
PROJECT INCURRING DEBT PLAN ACTIVITIES INCREMENT and PAYING
AREA PLAN DEBT
Current Current Pro osed Current Pro osed
Ocean Park 1A 01/01/2004 01/01/2010 01/01/2012 01/01/2020 01/01/2022
Ocean Park 1 B 01/01/2004 01/01/2010 01/01/2012 01/01/2020 01/01/2022
No Time
Downtown Limit' No Chan e 01/01/2017 01/13/2019 01/13/2027 01/13/2029
Earthquake 06/21/2014 No Chan e 06/21/2025 06/21/2027 06/21/2040 06/21/2042
'The time limit to incur debt was eliminated per Ordinance 2107, adopted on 1/13/04.
Previous Council Actions
In 2003, the Legislature passed a similar bill known as SB 1045 which authorized
redevelopment agencies to amend their redevelopment plans to extend the
effectiveness dates of the plans by one year for payment of the 2003-2004 Fiscal Year
ERAF payment. Pursuant to SB 1045, the City Council adopted Ordinances (Nos.
2108,2109,2110 and 2111), on January 13, 2004, to extend the plan effectiveness
dates, and the dates for debt repayment and receipt of tax increment dates by one year
for the Earthquake Recovery, Downtown, Ocean Park 1A and Ocean Park 1B Project
Areas.
4
Budget/Financial Impact
Extensions of the current time limits for each of the Project Areas by two years as
described herein will allow two additional years of tax increment to be collected and to
be utilized for repayment of debt, to offset the financial impact of the ERAF payments
required by SB 1096. The ability to leverage this tax increment furthers the Agency's
ability to finance redevelopment projects.
Prepared by:
Tina Rodriguez, Redevelopment Administrator
Approved:
Forwarded to Council:
J~
Attachment A: Ordinance for Earthquake Recovery Project Area
Attachment B: Ordinance for Downtown Project Area
Attachment C: Ordinance for Ocean Park 1A
Attachment D: Ordinance for Ocean Park 1 B
5
ORDINANCE NO.
(CCS)
(CITY COUNCIL SERIES)
AN ORDINANCE OF THE CITY OF SANTA MONICA, CALIFORNIA, AMENDING THE
REDEVELOPMENT PLAN FOR THE OCEAN PARK (1 B) PROJECT TO EXTEND
CERTAIN TIME LIMITS
WHEREAS, the Redevelopment Plan ("Redevelopment Plan") for the Ocean
Park (1 B) Redevelopment Project ("Original Project Area") was approved and adopted
by the City Council of the City of Santa Monica ("City Council") on January 24, 1961, by
Ordinance No. 516; and
WHEREAS, the Redevelopment Plan was amended by Ordinance of the City
Council November, 1964, to, among other things, expand the boundaries of the Original
Project Area, hereinafter referred to as the "Added Territory;" and
WHEREAS, pursuant to provisions of the California Community Redevelopment
Law (Health and Safety Code Section 33000 et seq.), the Redevelopment Agency of the
City of Santa Monica ("Agency") is engaged in activities necessary to execute and
implement the Redevelopment Plan; and
WHEREAS, Health and Safety Code Section 33333.6 applies only to
redevelopment plans adopted on or before December 31, 1993; and
WHEREAS, the Redevelopment Plan for the Original Project Area and Added
Territory was adopted on or before December 31,1993; and
WHEREAS, pursuant to Health and Safety Code Section 33333.6(a), the
Redevelopment Plan contains a time limit for the effectiveness of the Redevelopment
Plan in the Original Project Area and the Added Territory as extended by Ordinance No.
2111 adopted by the City Council on January 13, 2004; and
WHEREAS, pursuant to Health and Safety Code Section 33333.6(b), the
Redevelopment Plan contains a time limit for the payment of indebtedness and receipt
of property taxes in the Original Project Area and the Added Territory as extended by
Ordinance No. 2111 adopted by the City Council on January 13, 2004; and
WHEREAS, the California Legislature has enacted SB 1096, making various
amendments to the Community Redevelopment Law, which was chaptered as Chapter
211 and became effective on August 5,2004; and
WHEREAS, Health and Safety Code Section 33333.6(e)(2)(D) and
33333.6(e)(3), as added by SB 1096, provide that when the Agency is required
pursuant to Health and Safety Code Section 33681.12 to make a payment to the Los
Angeles County Auditor-Controller ("County Auditor") for deposit into the Los Angeles
1
County's ("County") Educational Revenue Augmentation Fund ("ERAF"), the legislative
body of the City may amend by ordinance the redevelopment plan to extend the time
limits required pursuant to subdivisions (a) and (b) of Health and Safety Code Section
33333.6 by one (1) year for each year in which a payment is made, without the
necessity of compliance with Health and Safety Code Section 33354.6, Article 12
(commencing with Health and Safety Code Section 33450), or any other provision of the
Community Redevelopment Law relating to the amendment of redevelopment plans;
and
WHEREAS, the Redevelopment Plan contains a time limit for effectiveness that
is ten (10) years or fewer from both June 30, 2005 and June 30, 2006, so that under
Health and Safety Code Section 33333.6(e)(2)(0), the Redevelopment Plan may be
amended to extend the time limit for effectiveness and the time limit for payment of
indebtedness and receipt of property taxes; and
WHEREAS, because Health and Safety Code Section 33681.12 required the
Agency to make certain payments in Fiscal Year 2004-2005 and Fiscal Year 2005-2006
to the County Auditor for deposit into the County's ERAF, Health and Safety Code
Section 33333.6(e)(2)(0), authorizes the City Council to extend the time limit for
effectiveness and the time limit for payment of indebtedness and receipt of property
taxes by one (1) year for each year a payment is made; and
WHEREAS, the Agency and City Council desire to extend by two (2) years the
time limit on the effectiveness of the Redevelopment Plan for the Original Project Area
and Added Territory and extend by two (2) years the time limit for paying indebtedness
and receiving property taxes for the Original Project Area and Added Territory; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have been
met.
NOW, THEREFORE, the City Council of the City of Santa Monica does ordain as
follows:
SECTION 1. FindinQs. The City Council hereby finds and determines that with
respect to the Original Project Area and Added Territory:
A. During each of Fiscal Year 2004-2005 and Fiscal Year 2005-2006,
the Agency, prior to May 10 of that fiscal year, remitted for deposit
in the County's ERAF the amount required by Health and Safety
Code Section 33681.12;
B. Funds used to make the payment to the County's ERAF pursuant
to Health and Safety Code 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;
2
SECTION 2. Amendment of Time Limits. In accordance with Health and Safety
Code Section 33333.6(e)(2)(D), and not withstanding any other provision in the
Redevelopment Plan, the City Council hereby amends the Redevelopment Plan as
stated herein by adoption of this Ordinance, and establishes the following limitations:
A. Plan Effectiveness.
(1) Oriqinal Proiect Area. Except for the non-discrimination and
non-segregation provisions, which shall run in perpetuity, the
provisions of the Redevelopment Plan shall be effective and the
provisions of other documents formulated pursuant to the
Redevelopment Plan may be made effective for the period
ending fifty-one (51) years from the date of adoption of the
Redevelopment Plan, or January 1, 2012.
(2) Added Territory. Except for the non-discrimination and non-
segregation provisions, which shall run in perpetuity, the
provisions of the Redevelopment Plan shall be effective and the
provisions of other documents formulated pursuant to the
Redevelopment Plan may be made effective for the period
ending fifty-one (51) years from the date of adoption of the
Redevelopment Plan, or January 1,2012.
B. Repavment of Indebtedness; Receipt of Property Taxes.
(1) Oriqinal Proiect Area. No indebtedness to finance, in whole or
in part, the Project Area and which is to be repaid from the
division and allocation of taxes of the Agency shall be repaid
with such taxes beyond sixty-one (61) years from the date of the
adoption of the Redevelopment Plan, or January 1,2022.
(2) Added Territory. No indebtedness to finance, in whole or in part,
the Project Area and which is to be repaid from the division and
allocation of taxes of the Agency shall be repaid with such taxes
beyond sixty-one (61) years from the date of the adoption of the
Redevelopment Plan, or January 1, 2022.
SECTION 3. Application. The limitations established in this Ordinance shall
apply to the Redevelopment Plan for the Ocean Park (1 B) Redevelopment Project 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, is hereby repealed or modified to the extend necessary
to effect the provisions of this Ordinance.
3
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 competent 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 6. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days after its adoption.
APPROVED AS TO FORM:
4
ORDINANCE NO.
(CCS)
(CITY COUNCIL SERIES)
AN ORDINANCE OF THE CITY OF SANTA MONICA, CALIFORNIA, AMENDING THE
REDEVELOPMENT PLAN FOR OCEAN PARK (1A) REDEVELOPMENT PROJECT
TO EXTEND CERTAIN TIME LIMITS
WHEREAS, the Redevelopment Plan ("Redevelopment Plan") for the Ocean
Park (1A) Redevelopment Project ("Project Area") was approved and adopted by the
City Council of the City of Santa Monica ("City Council") on June 30, 1960, by
Ordinance No. 497; and
WHEREAS, pursuant to provisions of the California Community Redevelopment
Law (Health and Safety Code Section 33000 ef seq.), the Redevelopment Agency of the
City of Santa Monica ("Agency") is engaged in activities necessary to execute and
implement the Redevelopment Plan; and
WHEREAS, Health and Safety Code Section 33333.6 applies only to
redevelopment plans adopted on or before December 31, 1993; and
WHEREAS, the Project Area was adopted on or before December 31, 1993; and
WHEREAS, pursuant to Health and Safety Code Section 33333.6(a), the
Redevelopment Plan contains a time limit for the effectiveness of the Redevelopment
Plan as extended by Ordinance No. 2110 adopted by the City Council on January 13,
2004; and
WHEREAS, pursuant to Health and Safety Code Section 33333.6(b), the
Redevelopment Plan contains a time limit for the payment of indebtedness and receipt
of property taxes as extended by Ordinance No. 2110 adopted by the City Council on
January 13, 2004; and
WHEREAS, the California Legislature has enacted SB 1096, making various
amendments to the Community Redevelopment Law, which was chaptered as Chapter
211 and became effective on August 5, 2004; and
WHEREAS, Health and Safety Code Section 33333.6(e)(2)(D) and
33333.6(e)(3), as added by SB 1096, provide that when the Agency is required
pu rsuant to Health and Safety Code Section 33681 .12 to make a payment to the Los
Angeles County Auditor-Controller ("County Auditor") for deposit into the Los Angeles
County's ("County") Educational Revenue Augmentation Fund ("ERAF"), the legislative
body of the City may amend by ordinance the redevelopment plan to extend the time
limits required pursuant to subdivisions (a) and (b) of Health and Safety Code Section
33333.6 by one (1) year for each year in which a payment is made, without the
necessity of compliance with Health and Safety Code Section 33354.6, Article 12
1
(commencing with Health and Safety Code Section 33450), or any other provision of the
Community Redevelopment Law relating to the amendment of redevelopment plans;
and
WHEREAS, the Redevelopment Plan contains a time limit for effectiveness for
the Project Area that is ten (10) years or fewer from both June 30, 2005 and June 30,
2006, so that under Health and Safety Code Section 33333.6(e)(2)(0), the
Redevelopment Plan may be amended to extend the time limit for effectiveness and the
time limit for payment of indebtedness and receipt of property taxes; and
WHEREAS, because Health and Safety Code Section 33681.12 required the
Agency to make certain payments in Fiscal Year 2004-2005 and Fiscal Year 2005-2006
to the County Auditor for deposit into the County's ERAF, Health and Safety Code
Section 33333.6(e)(2)(0), authorizes the City Council to extend the time limit for
effectiveness and the time limit for payment of indebtedness and receipt of property
taxes by one (1) year for each year a payment is made; and
WHEREAS, the Agency and City Council desire to extend by two (2) years the
time limit on the effectiveness of the Redevelopment Plan for the Project Area and
extend by two (2) years the time limit for paying indebtedness and receiving property
taxes for the Project Area; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have been
met.
NOW, THEREFORE, the City Council of the City of Santa Monica does ordain as
follows:
SECTION 1. Findinqs. The City Council hereby finds and determines that with
respect to the Project Area :
A. During each of Fiscal Year 2004-2005 and Fiscal Year 2005-2006,
the Agency, prior to May 10 of that fiscal year, remitted for deposit
in the County's ERAF the amount required by Health and Safety
Code Section 33681.12;
B. Funds used to make the payment to the County's ERAF pursuant
to Health and Safety Code 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;
SECTION 2. Amendment of Time Limits. In accordance with Health and Safety
Code Section 33333.6(e)(2)(0), and not withstanding any other provision in the
Redevelopment Plan, the City Council hereby amends the Redevelopment Plan as
stated herein by adoption of this Ordinance, and establishes the following limitations:
2
A. Plan Effectiveness. Except for the non-discrimination and non-
segregation provisions, which shall run in perpetuity, the provisions of the
Redevelopment Plan shall be effective and the provisions of other
documents formulated pursuant to the Redevelopment Plan may be made
effective for the period ending fifty-two (52) years from the date of
adoption of the Redevelopment Plan, or January 1,2012.
B. Repayment of Indebtedness; Receipt of Property Taxes. No
indebtedness to finance, in whole or in part, the Project Area and which is
to be repaid from the division and allocation of taxes of the Agency shall
be repaid with such taxes beyond sixty-two (62) years from the date of the
adoption of the Redevelopment Plan, or January 1,2022.
SECTION 3. Application. The limitations established in this Ordinance shall
apply to the Redevelopment Plan for the Ocean Park (1A) Redevelopment Project 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, is hereby repealed or modified to the extend necessary
to effect 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 competent 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 6. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days after its adoption.
3
ORDINANCE NO.
(CCS)
(CITY COUNCIL SERIES)
AN ORDINANCE OF THE CITY OF SANTA MONICA, CALIFORNIA, AMENDING THE
REDEVELOPMENT PLAN FOR THE EARTHQUAKE RECOVERY REDEVELOPMENT
PROJECT TO EXTEND CERTAIN TIME LIMITS
WHEREAS, the Redevelopment Plan ("Redevelopment Plan") for the Earthquake
Recovery Project ("Project Area") was approved and adopted by the City Council of the
City of Santa Monica ("City Council") on June 21, 1994, by Ordinance No. 1747; and
WHEREAS, pursuant to provisions of the California Community Redevelopment
Law (Health and Safety Code Section 33000 et seq.), the Redevelopment Agency of the
City of Santa Monica ("Agency") is engaged in activities necessary to execute and
implement the Redevelopment Plan; and
WHEREAS, Health and Safety Code Section 33333.2 applies only to
redevelopment plans adopted on or after January 1, 1994; and
WHEREAS, the Project Area was adopted on or after January 1, 1994; and
WHEREAS, pursuant to Health and Safety Code Section 33333.2(a)(2), the
Redevelopment Plan contains a time limit for the effectiveness of the Redevelopment
Plan as extended by Ordinance No. 2108 adopted by the City Council on January 13,
2004; and
WHEREAS, pursuant to Health and Safety Code Section 33333.2(a)(3), the
Redevelopment Plan contains a time limit for the payment of indebtedness and receipt
of property taxes as extended by Ordinance No. 2108 adopted by the City Council on
January 13, 2004; and
WHEREAS, the California Legislature has enacted SB 1096, making various
amendments to the Community Redevelopment Law, which was chaptered as Chapter
211 and became effective on August 5,2004; and
WHEREAS, Health and Safety Code Section 33333.2(d) and 33333.2(d)(4), as
added by SB 1096, provide that when the Agency is required pursuant to Health and
Safety Code Section 33681.12 to make a payment to the Los Angeles County Auditor-
Controller ("County Auditor") for deposit into the Los Angeles County's ("County")
Educational Revenue Augmentation Fund ("ERAF"), the legislative body of the City may
amend by ordinance the redevelopment plan to extend the time limits required pursuant
to paragraphs (2) and (3) of subdivision (a) of Health and Safety Code Section 33333.2
by one (1) year for each year in which a payment is made, without the necessity of
compliance with Health and Safety Code Section 33354.6, Article 12 (commencing with
1
Health and Safety Code Section 33450), or any other provision of the Community
Redevelopment Law relating to the amendment of redevelopment plans; and
WHEREAS, the Redevelopment Plan contains a time limit for effectiveness for
the Project Area that is more than ten (10) years but fewer than twenty (20) years from
both June 30, 2005 and June 30, 2006, so that under Health and Safety Code Section
33333.2(d)(2), the Redevelopment Plan may be amended to extend the time limit for
effectiveness and the time limit for payment of indebtedness and receipt of property
taxes; and
WHEREAS, because Health and Safety Code Section 33681.12 required the
Agency to make certain payments in Fiscal Year 2004-2005 and Fiscal Year 2005-2006
to the County Auditor for deposit into the County's ERAF, Health and Safety Code
Section 33333.2(d), authorizes the City Council to extend the time limit for effectiveness
and the time limit for payment of indebtedness and receipt of property taxes by one (1)
year for each year a payment is made; and
WHEREAS, the Agency and City Council desire to extend by two (2) years the
time limit on the effectiveness of the Redevelopment Plan for the Project Area and
extend by two (2) years the time limit for paying indebtedness and receiving property
taxes for the Project Area; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have been
met.
NOW, THEREFORE, the City Council of the City of Santa Monica does ordain as
follows:
SECTION 1. Findinqs. The City Council hereby finds and determines that with
respect to the Project Area:
A. During each of Fiscal Year 2004-2005 and Fiscal Year 2005-2006,
the Agency, prior to May 10 of that fiscal year, remitted for deposit
in the County's ERAF the amount required by Health and Safety
Code Section 33681.12;
B. Funds used to make the payment to the County's ERAF pursuant
to Health and Safety Code 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;
C. The Agency is in compliance with the requirements of Health and
Safety Code Section 33334.2 or 33334.6, as applicable;
2
D. The Agency has adopted an implementation plan in accordance
with the requirements of Health and Safety Code Section 33490;
E. The Agency is in compliance with subdivisions (a) and (b) of Health
and Safety Code Section 33413, to the extent applicable;
F. The Agency is not subject to sanctions pursuant to subdivision (e)
of Health and Safety Code Section 33334.12 for failure to expend,
encumber, or disburse excess surplus.
SECTION 2. Amendment of Time Limits. In accordance with Health and
Safety Code Section 33333.2(d), and not withstanding any other provision in the
Redevelopment Plan, the City Council hereby amends the Redevelopment Plan as
stated herein by adoption of this Ordinance, and establishes the following limitations:
A. Plan Effectiveness. Except for the non-discrimination and non-
segregation provisions, which shall run in perpetuity, the provisions of the
Redevelopment Plan shall be effective and the provisions of other
documents formulated pursuant to the Redevelopment Plan may be made
effective for the period ending thirty-three (33) years from the date of
adoption of the Redevelopment Plan, or June 21,2027.
B. Repayment of Indebtedness; Receipt of Property Taxes. No
indebtedness to finance, in whole or in part, the Project Area and which is
to be repaid from the division and allocation of taxes of the Agency shall
be repaid with such taxes beyond forty-eight (48) years from the date of
the adoption of the Redevelopment Plan, or June 21,2042.
SECTION 3. Application. The limitations established in this Ordinance shall
apply to the Redevelopment Plan for the Earthquake Recovery Redevelopment Project
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, is hereby repealed or modified to the extend necessary
to effect 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 competent 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.
3
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days after its adoption.
APPROVED AS TO FORM:
4
ORDINANCE NO.
(CCS)
.(CITY COUNCIL SERIES)
AN ORDINANCE OF THE CITY OF SANTA MONICA, CALIFORNIA, AMENDING THE
REDEVELOPMENT PLAN FOR THE DOWNTOWN REDEVELOPMENT PROJECT TO
EXTEND CERTAIN TIME LIMITS
WHEREAS, the Redevelopment Plan ("Redevelopment Plan") for the Downtown
Redevelopment Project ("Project Area") was approved and adopted by the City Council
of the City of Santa Monica ("City Council") on January 13, 1976, by Ordinance No.
1021; and
WHEREAS, pursuant to provisions of the California Community Redevelopment
Law (Health and Safety Code Section 33000 et seq.), the Redevelopment Agency of the
City of Santa Monica ("Agency") is engaged in activities necessary to execute and
implement the Redevelopment Plan; and
WHEREAS, Health and Safety Code Section 33333.6 applies only to
redevelopment plans adopted on or before December 31, 1993; and
WHEREAS, the Project Area was adopted on or before December 31, 1993; and
WHEREAS, pursuant to Health and Safety Code Section 33333.6(a), the
Redevelopment Plan contains a time limit for the effectiveness of the Redevelopment
Plan as extended by Ordinance No. 2109 adopted by the City Council on January 13,
2004; and
WHEREAS, pursuant to Health and Safety Code Section 33333.6(b), the
Redevelopment Plan contains a time limit for the payment of indebtedness and receipt
of property taxes as extended by Ordinance No. 2109 adopted by the City Council on
January 13, 2004; and
WHEREAS, the California Legislature has enacted SB 1096, making various
amendments to the Community Redevelopment Law, which was chaptered as Chapter
211 and became effective on August 5,2004; and
WHEREAS, Health and Safety Code Section 33333.6(e)(2)(D) and
33333.6(e)(3), as added by SB 1096, provide that when the Agency is required
pursuant to Health and Safety Code Section 33681.12 to make a payment to the Los
Angeles County Auditor-Controller ("County Auditor") for deposit into the Los Angeles
County's ("County") Educational Revenue Augmentation Fund ("ERAF"), the legislative
body of the City may amend by ordinance the redevelopment plan to extend the time
limits required pursuant to subdivisions (a) and (b) of Health and Safety Code Section
33333.6 by one (1) year for each year in which a payment is made, without the
necessity of compliance with Health and Safety Code Section 33354.6, Article 12
1
(commencing with Health and Safety Code Section 33450), or any other provision of the
Community Redevelopment Law relating to the amendment of redevelopment plans;
and
WHEREAS, the Redevelopment Plan contains a time limit for effectiveness for
the Project Area that is more than ten (10) years but fewer than twenty (20) years from
both June 30, 2005 and June 30, 2006, so that under Health and Safety Code Section
33333.6(e)(2)(0), the Redevelopment Plan may be amended to extend the time limit for
effectiveness and the time limit for payment of indebtedness and receipt of property
taxes; and
WHEREAS, because Health and Safety Code Section 33681.12 required the
Agency to make certain payments in Fiscal Year 2004-2005 and Fiscal Year 2005-2006
to the County Auditor for deposit into the County's ERAF, Health and Safety Code
Section 33333.6(e)(2)(0), authorizes the City Council to extend the time limit for
effectiveness and the time limit for payment of indebtedness and receipt of property
taxes by one (1) year for each year a payment is made; and
WHEREAS, the Agency and City Council desire to extend by two (2) years the
time limit on the effectiveness of the Redevelopment Plan for the Project Area and
extend by two (2) years the time limit for paying indebtedness and receiving property
taxes for the Project Area; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have been
met.
NOW, THEREFORE, the City Council of the City of Santa Monica does ordain as
follows:
SECTION 1. Findinqs. The City Council hereby finds and determines that with
respect to the Project Area:
A. During each of Fiscal Year 2004-2005 and Fiscal Year 2005-2006,
the Agency, prior to May 10 of that fiscal year, remitted for deposit
in the County's ERAF the amount required by Health and Safety
Code Section 33681.12;
B. Funds used to make the payment to the County's ERAF pursuant
to Health and Safety Code 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;
C. The Agency is in compliance with the requirements of Health and
Safety Code Section 33334.2 or 33334.6, as applicable;
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D. The Agency has adopted an implementation plan in accordance
with the requirements of Health and Safety Code Section 33490;
E. The Agency is in compliance with subdivisions (a) and (b) of Health
and Safety Code Section 33413, to the extent applicable;
F. The Agency is not subject to sanctions pursuant to subdivision (e)
of Health and Safety Code Section 33334.12 for failure to expend,
encumber, or disburse excess surplus.
SECTION 2. Amendment of Time Limits. In accordance with Health and
Safety Code Section 33333.6(e)(2)(0), and not withstanding any other provision in the
Redevelopment Plan, the City Council hereby amends the Redevelopment Plan as
stated herein by adoption of this Ordinance, and establishes the following limitations:
A. Plan Effectiveness. Except for the non-discrimination and non-
segregation provisions, which shall run in perpetuity, the provisions of the
Redevelopment Plan shall be effective and the provisions of other
documents formulated pursuant to the Redevelopment Plan may be made
effective for the period ending forty-three (43) years from the date of
adoption of the Redevelopment Plan, or January 13, 2019.
B. Repayment of Indebtedness; Receipt of Property Taxes. No
indebtedness to finance, in whole or in part, the Project Area and which is
to be repaid from the division and allocation of taxes of the Agency shall
be repaid with such taxes beyond fifty-three (53) years from the date of
the adoption of the Redevelopment Plan, or January 13, 2029.
SECTION 3. Application. The limitations established in this Ordinance shall
apply to the Redevelopment Plan for the Downtown Redevelopment Project 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, is hereby repealed or modified to the extend necessary
to effect 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 competent 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.
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SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days after its adoption.
APPROVED AS TO FORM:
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