Loading...
HomeMy WebLinkAbout758 - Ordinances ORDINANCE NO. 758 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(e)(2)(D) 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, on February 18, 2004, the City Council adopted Ordinance No. 721, pursuant to Health and Safety Code Section 33333.6 (e)(2)(C) to extend by one year the limit on the effectiveness of the Redevelopment Plan and the time limit to repay indebtedness or receive property taxes from the Project; 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, Section 33681.12, which was added to the Health and Safety Code by Senate Bill 1096, requires the Agency during the 2004-05 and 2005-06 fiscal years to make a payment for deposit in the San Bernardino County's Educational Revenue Augmentation Fund; and WHEREAS, with respect to redevelopment plans adopted on or before December 31, 1993 for which the time limit for the effectiveness of the redevelopment plan is more than 10 years but less than 20 years from the last day of the fiscal year in which an ERAF payment is made pursuant to Health and Safety Code Section 33681.12, Section 33333.6 of the Health and Safety Code was amended by Senate Bill 1096 to provide that when a redevelopment agency is required to make a payment pursuant to Health and Safety Code Section 33681.12, the legislative body may amend the redevelopment plan to extend by one Ordinance No. 758 Page 2 of 4 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 provided the City Council makes certain findings with respect to the Project; and WHEREAS, the Agency made the Fiscal Year 2004-05 ERAF payment to the San Bernardino County Educational Revenue Augmentation Fund pursuant to Health and Safety Code Section 33681.12 on or before May 10, 2005; and WHEREAS, on May 4, 2005, the City Council adopted Ordinance No. 742 pursuant to Health and Safety Code Section 333336(e)(2)(D) 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 on account of the Agency's Fiscal Year 2004-05 ERAF payment; and WHEREAS, the Agency will make the Fiscal Year 2005-06 ERAF payment to the San Bernardino County Educational Revenue Augmentation Fund pursuant to Health and Safety Code Section 33681.12 on or before May 10, 2006; and WHEREAS, the Agency and the City Council desire that the Redevelopment Plan be amended 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 the Health and Safety Code Section 33670 on account of the Agency's Fiscal Year 2005-06 ERAF payment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Findinas. The City Council hereby finds and determines with respect to the Project as follows: (a) Funds used to make the Fiscal Year 2005-06 ERAF payment would otherwise have been used to pay the cost of projects and activities necessary to carry out the goals and objectives of the Redevelopment Plan. (b) The Agency is in compliance with the requirements of Health and Safety Code Section 33334.2. (c) The Agency has adopted an implementation plan in accordance with the requirements of Health and Safety Code Section 33490. Ordinance No. 758 Page 3 of 4 (d) The Agency is in compliance with subdivisions (a) and (b) of Health and Safety Code Section 33413. (e) The Agency is not subject to sanctions pursuant to Health and Safety Code Section 33334.12 for failure to expend, encumber or disburse excess surplus. SECTION 2: Public HearinQ. On April 19, 2006, the City Council held a duly noticed public hearing on the adoption of this Ordinance. SECTION 3: Effectiveness. Pursuant to Health and Safety Code Section 33333.6(e)(2)(O), December 23, 2024 is hereby established as the date upon which the effectiveness of the Redevelopment Plan shall be deemed to be terminated. SECTION 4: Repavment of Indebtedness: Receipt of Tax Increment. Pursuant to Health and Safety Code Section 33333.6(e)(2)(O), except as provided in Health and Safety Code subsections 33333.6(g) and (h), December 23, 2034 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 5: Full Force and Effect. Except as amended by this Ordinance, the Redevelopment Plan is unchanged and is in full force and effect in accordance with its terms. SECTION 6: Severabilitv. 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 7: Certification. 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. 758 Page 4 of 4 PASSED, APPROVED, AND ADOPTED this 3'" day of May 2006. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None L ATTEST: 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 19th day of April 2006, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 3'd day May 2006. Executed this 4th day of May 2006, at Rancho Cucamonga, California.