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.