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HomeMy WebLinkAbout721 - Ordinances ORDINANCE NO. 721 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE RANCHO REDEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6 RECITALS: WHEREAS, the City Council of the City of Rancho Cucamonga, California (the "City Council"), adopted Ordinance No. 166 on December 23, 1981 approving and adopting the Redevelopment Plan for the Rancho Redevelopment Project (the "Project"); and WHEREAS, on August 13, 1987, the City Council adopted Ordinance No. 316A, approving and adopting Amendment No. 1 to the Redevelopment Plan (the redevelopment plan for the Project, as amended by Amendment No. 1, is referred to herein as the "Redevelopment Plan"); and WHEREAS, on November 17, 1994, the City Council adopted Ordinance No. 537, establishing certain time limitations with respect to the Redevelopment Plan; and WHEREAS, the Rancho Cucamonga Redevelopment Agency (the "Agency") has been designated as the official redevelopment agency in the City of Rancho Cucamonga to carry out the functions and requirements of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) and to implement the Redevelopment Plan; and WHEREAS, Sect[on 33661.9, which was added to the Health and Safety Code by Senate Bill 1045 and which took effect on September 1, 2003, requires the Agency during the 2003-04 fiscal year to make a payment for deposit in San Bernardino County's Educational Revenue Augmentation Fund; and WHEREAS, with respect to redevelopment plans adopted on or before December 31, 1993, Section 33333.6 of the Health and Safety Code was amended by Senate Bill 1045 to provide that when a redevelopment 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 by one year the time limit on the effectiveness of the redevelopment plan and the time limit to repay indebtedness or receive property taxes pursuant to Health and Safety Code Section 33670 by adoption of an ordinance, without the necessity of compliance with Health and Safety Code Section 33354.6 or Article 12 (commencing with Health and Safety Code Section 33450) or any other provision of the California Redevelopment Law related to the amendment of redevelopment plans, including, but not limited to, the requirement to make the payment to affected taxing entities required by Health and Safety Code Section 33607.7; and Ordinance No. 721 Page 2 of 4 WHEREAS, with respect to redevelopment plans adopted on or before December 31, 1993, Section 33333.6 of the Health and Safety Code was amended by Assembly Bill 1731, effective January 1, 2004, to provide that the legislative body may amend the redevelopment plan to provide that there shall be no time limit on the establishment of loans, advances and indebtedness paid from the redevelopment agency's Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the agency's affordable housing obligations, as defined in paragraph (1) of subdivision (a) of Health and Safety Code Section 33333.8 by adoption of an ordinance, without the necessity of compliance with Health and Safety Code Section 33354.6 or Article 12 or any other provision of the California Redevelopment Law related to the amendment of redevelopment plans, including, but not limited to, the requirement to make the payment to affected taxing entities required by Health and Safety Code Section 33607.7; and WHEREAS, the Agency and the City Council desire that the Redevelopment Plan be amended to extend one year the time limit on the effectiveness of the Redevelopment Plan and the limit to repay indebtedness or receive property taxes pursuant to the Health and Safety Section 33670 and to provide that there shall be no time limit on the establishment of loans, advances and indebtedness paid from the Agency's Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the Agency's affordable housing obligations, as defined in paragraph (1) of subdivision (a) of Health and Safety Code Section 33333.8. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Pursuant to Health and Safety Code Section 33333.6(e)(2)(C), December 23, 2022 is hereby established as the date upon which the effectiveness of the Redevelopment Plan shall be deemed to be terminated. SECTION 2: Pursuant to Health and Safety Code Section 33333.6(e)(2)(C), except as provided in Health and Safety Code subsections 33333.6(g) and (h), December 23, 2032 is hereby established as the latest date on which the Agency shall pay indebtedness related to its activities or receive property taxes from the Project pursuant to Health and Safety Code Section 33670. SECTION 3: Pursuant to Health and Safety Code Section 33333.6(e)(3)(B), notwithstanding any provision of the Redevelopment Plan to the contrary, it is hereby established that there shall be no time limit on the establishment of loans, advances and indebtedness paid from the Agency's Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the Agency's affordable housing obligations, as defined in paragraph (1) of subdivision (a) of Health and Safety Code Section 33333.8. Ordinance No. 721 Page 3 of 4 SECTION 4: Except as amended by this Ordinance, the Redevelopment Plan is unchanged and is in full force and effect in accordance with its terms. SECTION 5: If any part of this Ordinance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance and this City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid or unconstitutional portion thereof had been deleted. SECTION 6: The City Clerk shall certify to the passage of this Ordinance and is hereby directed to publish or post this Ordinance in accordance with law. Please see the following page for formal adoption, certification and signatures Ordinance No. 721 Page 4 of 4 PASSED, APPROVED, AND ADOPTED this 3r~ day of March 2004. AYES: Alexander, Gutierrez, Kurth, Williams NOES: None ABSENT: Howdyshell ABSTAINED: No~- ATTEST: ~'e~ra J. Adarr~CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 18th day of February 2004, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 3rd day March of 2004. Executed this 4th day of March 2004, at Rancho Cucamonga, California.