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O2194 ORDINANCE NO. 2194 (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 sa 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 sa 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)(D), 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)(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. Findings. 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 33333.6(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. 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. 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: l1i~~~ A HA JO MOUTR City Attorney 4 Approved and adopted this 11th day of July, 2006. ~?-; ~ I Robert T. Holbrook, 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. 2194 (CCS) had its introduction on June 27,2006, and was adopted at the Santa Monica City Council meeting held on July 11, 2006, by the following vote: Ayes: Council members: Bloom, Genser, Katz, McKeown, O'Connor, Mayor Pro Tern Shriver, Mayor Holbrook Noes: Council members: None Abstain: Council members: None Absent: Council members: None ATTEST: cYt "tyClerk 5