O2197
ORDINANCE NO. 2197 (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 S8 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 S8 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
Approved and adopted this 11 th day of July, 2006.
~r~
Robert T. 140lbrook, 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. 2197 (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 Tem Shriver, Mayor Holbrook
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
Mf
Maria M. Stewart, Ci
5