O2108
ORDINANCE NO. 2108 (CCS)
(CITY COUNCIL SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF SANTA MONICA
AMENDING THE REDEVELOPMENT PLAN FOR THE SANTA MONICA
EARTHQUAKE RECOVERY REDEVELOPMENT PROJECT
TO EXTEND CERTAIN TIME LIMITS
WHEREAS, the Redevelopment Plan ("Redevelopment Plan") for the Santa
Monica Earthquake Recovery Redevelopment 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, Health and Safety Code Section 33333.2 applies to every
redevelopment plan adopted on or after January 1, 1994; and
WHEREAS, the Project Area was adopted on or after January 1, 1994;
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; 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; and
WHEREAS, the California State Legislature has enacted S8 1045, making
various amendment~) to the Community Redevelopment Law (Health and Safety Code
Section 33000 et seq.), which was chaptered as Chapter 260 and became effective on
September 2,2003; and
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WHEREAS, Health and Safety Code Section 33333.2(c), as amended by S8
1045, provides that when an agency is required to make a payment pursuant to Health
and Safety Code Section 33681.9, the legislative body may amend 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 year by adoption of an
ordinance, without the necessity of compliance with Health and Safety Code Section
33354.6 or Article 12 of the Community Redevelopment Law (commencing with Section
33450) or any other provision relating to amendments; and
WHEREAS, the Redevelopment Agency of the City of Santa Monica ("Agency")
is required to make a payment pursuant to Health and Safety Code Section 33681.9;
and
WHEREAS, the Agency and the City Council desire to extend by one year the
time limit on the effediveness of the Redevelopment Plan and the time limit for paying
indebtedness and receiving property taxes for the Project Area.
NOW, THEREFORE, the City Council of the City of Santa Monica does ordain as
follows:
SECTION 1 Amendment of Time Limits. In accordance with Health and Safety
Code Section 33333.2(c), and notwithstanding 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:
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A Plan Effectiveness. Except for the non-discrimination and non-
segregation provisions, which shall run In perpetuity, the provisions of the
Redevelopment Plain shall be effective and the provisions of other documents
formulated pursuant to the Redevelopment Plan may be made effective for the period
ending thirty-one (3'1) years from the date of adoption of the Redevelopment Plan, or
June 21, 2025.
B. jRepayment 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-six (46) years from the date of adoption of the Redevelopment Plan, or
June 21,2040.
SECTION 2. Application. The limitations established in this Ordinance shall
apply to the Redelvelopment Plan for the Santa Monica Earthquake Recovery
Redevelopment Project 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, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
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SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for an~' 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 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 30 days from its adoption.
APPROVED AS TO FORM:
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Approved and adopt1ed this 13th day of January, 2004.
~~'MaYm
State of California )
County of Los Angell3s ) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2108 (CCS) had its introduction on December 16,2003, and
was adopted at the Santa Monica City Council meeting held on January 13, 2004, by
the following vote:
Ayes: Council mE~mbers: Mayor Bloom, Mayor Pro Tem McKeown, O'Connor,
Katz, Feinstein, Holbrook, Genser
Noes: Council mE~mbers: None
Abstain: Council mE~mbers: None
Absent: Council mE~mbers: None
ATTEST:
~~ ~.~3--
Maria M. Stewart, City~lerk
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