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O2109 ORDINANCE NO. 2109 (CCS) (CITY COUNCIL SERIES) AN ORDINANCE OF THE CITY COUNCIL OF SANTA MONICA 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, Health and Safety Code Section 33333.6 applies to every redevelopment plan adopted on or before December 31, 1993; and WHEREAS, the Project Area was adopted on or before December 31, 1993; 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; 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; and WHEREAS, the California State Legislature has enacted SB 1045, making various amendments 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 WHEREAS, Health and Safety Code Section 33333.6(e)(2)(C), as amended by SB 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 subdivisions (a) and (b) of Health and Safety Code Section 33333.6 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, including, but not limited to, the requirement to make payments to affected taxing entities required by Health and Safety Code Section 33607.7; 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 effectiveness 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 33333.6(e)(2)(C), and notwithstanding any other provision in the 2 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. In accordance with Health and Safety Code Section 33333.6(a), the effectiveness of the Redevelopment Plan for the Downtown Redevelopment Project shall terminate January 13, 2017. B. Repayment of Indebtedness: Receipt of Property Taxes. In accordance with Health and Safety Code Section 33333.6(b), except as provided in subdivisions (f) and (g) 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 13, 2027, for the purposes of the Downtown Redevelopment Project. SECTION 2. 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 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, 3 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 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 wh(~ther 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 pUblis,hed 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: City Attorney 4 Approved and adopted this 13th day of January, 2004. KWc- Richard Bloom, Mayor State of California ) County of Los Angeles) 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. 2109 (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 members: Mayor Bloom, Mayor Pro Tern McKeown, O'Connor, Katz, Feinstein, Holbrook, Genser Noes: Council members: None Abstain: Council members: None Absent: Council members: None ATTEST: ~~ .~.J- Maria M. Stewart, City aJerk 5