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HomeMy WebLinkAboutOrd. 1411-2009ORDINANCE NO. 1411-2009 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO ELIMINATING THE TIME LIMIT ON THE ESTABLISHMENT OF LOANS, ADVANCES, AND INDEBTEDNESS WITH RESPECT TO THE REDEVELOPMENT' PLAN FOR THE ORIGINAL EL CAMINO CORRIDOR REDEVELOPMENT PROJECT AREA WHEREAS, pursuant to thE; requirements of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) the City Council of the City of South San Francisco (the "City Council") adopted the Redevelopment Plan for the El Camino Corridor Redevelopment Project Area by Ordinance No. 1132-93 on June 9, 1993 (as subsequently amended, the "Redevelopment Plan"); and WHEREAS, on November '9, 1994, the City Council adopted Ordinance No. 1150-1994 to amend the Redevelopment Plan. by amending certain time limitations in accordance with AB 1290; and WHEREAS, on June 28, 2000, the City Council adopted Ordinance No. 1270-2000 to amend the Redevelopment Plan by adding territory; and WHEREAS, on March 10, 2004, the City Council adopted Ordinance No. 1337-2004 extending certain time limitations in accordance with SB 1045; and WHEREAS, on May 25, 21005, the City Council adopted Ordinance No. 1353-2005 to fiscally merge the El Camino Corridor Project Area with other project areas; and WHEREAS, in 1993 the State Legislature adopted AB 1290 which limited the time limit for the establishment of loans, advances and indebtedness for redevelopment plans adopted prior to January 1, 1994 to the later of 2C1 years from the date the plan became effective or January 1, 2004; and WHEREAS, pursuant to Ala 1290, the time limit under the Redevelopment Plan for the establishment of loans, advances and indebtedness for the original El Camino Corridor project area (the "Original Area") would expire on July 14, 2013; and WHEREAS, in 2001 the State Legislature adopted SB 211 which permits a redevelopment plan to be amended, on or after January 1, 2002, to eliminate the time limit on the establishment of loans, advances and indebtedness as described in Health & Safety Code Section 33333.6(e)(2)(B); and WHEREAS, when a redevelopment plan is amended pursuant to Section 33333.6(e)(2)(B), the redevelopment agency must pay each affected taxing entity: (i) the amount required to be paid pursuant to an agreement between the agency and the affected taxing entity entered into prior to January 1, 1994, or (ii) if no such agreement exists, the statutorily prescribed pass-through payments contained in Section 33607.5(b), (c), (d), and (e), beginning in the first fiscal year following the :fiscal year in which the time limit for establishing loans, advances and indebtedness was to expire, and determined in accordance with Section 33607.7(b); and WHEREAS, pursuant to Se-ction 33333.6(e)(2)(B), in adopting this Ordinance neither the City Council nor the Redevelopment Agency are required to follow the procedures ordinarily required for the amendment of redevelopment plans; and WHEREAS, in accordance with Section 33333.6(e)(3)(A), apublic hearing regarding the adoption of this Ordinance was duly held following publication of notice and delivery of notice to each. affected taxing entity; and WHEREAS, the City Council has determined, in consultation with the Agency, that eliminating the time limit for establishing loans, advances and indebtedness for the Original Area will assist in accomplishing the goals and objectives of the Redevelopment Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The time limit for establishing loans, advances and indebtedness under the Redevelopment Plan is hereby eliminated for the Original Area pursuant to Section 33333.6(e)(2)(B)(3) of the California Health & Safety Code. Section 2. The Redevelopment Plan is otherwise continued in full force and effect except as amended by this Ordinance. Section 3. The City Clerk is hereby directed to send certified copies of this Ordinance to the Agency and the Controller of the State of California. Section 4. If any part o:f this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid portion thereof had been deleted. * * * * ~ Introduced at a special meeting of the City Council of the City of South San Francisco, held the 24th day of June, 2009. Adopted as an Ordinance of the City of South Francisco at a special meeting of the City Council held the 8th day of July, 2009 by the following vote: AYES: Councilmembers Pedro Gonzalez, Richard A. Garbarino, and Kevin Mullin, Vice Mayor Mark Addiego and Mayor Karyl Matsumoto NOES: None ABSTAIN: None ABSENT: None ATTEST: ~JUIti.(h0.~ Deputy City Cler As Mayor of the City of South San Francisco, I do hereby approve t e foregoing Ordinance this 8th day of July, 2009. ! Matsumoto, Mayor _ ,~ 4 rr. ~y ~.._ _- 1\~ ' Y U~ `_~'~: l ~ .. f 11 ^~ i' ... f l` ' ~~ S f L `.` S: ~ ~` ~~ , . ` f L yl i y f, ® I+ J ` ~7Z0 FF~-+~ ~ 1. . yv 8 ~ :. . , ~ ` ~ J• ~ •~ w~~ r 1 ' %% T _ r ~ ~ ;` r' fi • yy a ? ' ... .. ._ .. ._ .. 1.'• .~..~. I'C \, C lV 1, ~. ;, .., _ .- ~~ ~ ~ ~+7tl - if ~ 8.... L r `-- ~J r:~"' ai .,,. ~. a 1. ~t" .T~l` ~ " J 4 rl/ ~f , ~ f _.... ~ >- ~ ,1 .:~14 ~~ ~j i,.... ,C._~'f t: J ~ L .~J t 1! , t~ ~ ~ i,, i1~ ~ ~~~~ ~j'L" ~•~.~ ~~~ ~ ~} r ry ~t \ ~~~ .' ~t. 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