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HomeMy WebLinkAboutOrd 1338-2004ORDINANCE NO. 1338-2004 AN ORDINANCE OF TIlE CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY ELIMINATING THE TIME LIMIT ON THE ESTABLISHMENT OF LOANS, ADVANCES, AND INDEBTEDNESS WITH RESPECT TO THE GATEWAY REDEVELOPMENT PLAN WHEREAS, the City Council of the City of South San Francisco (the "City Council"), originally approved and adopted a redevelopment plan ("Redevelopment Plan") for the Gateway Redevelopment Project ("Gateway") on June 17, 1981, by Ordinance No. 867-81 which Redevelopment Plan permitted the Redevelopment Agency of the City of South San Francisco, California (the "Agency") to establish loans, advances and indebtedness for the life of the plan; and WHEREAS, in 1993 the State Legislature adopted AB 1290 which required that redevelopment plans adopted prior to January 1, 1994 be amended to establish a time limit for the establishment of loans, advances and indebtedness of the later of 20 years from the date the plan became effective or January 1, 2004 and pursuant to which the City Council amended the Redevelopment Plan to provide that the Agency could no longer incur loans, advances and indebtedness after January 1, 2004; 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 California 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), a redevelopment agency shall pay each affected taxing entity either (i) the amount required to be paid by an agreement between the agency and an affected taxing entity entered into prior to January 1, 1994 or (ii) the statutorily prescribed pass-through payments contained in Section 33607.5 (b), (c), (d), and (e) beginning with the first fiscal year following the fiscal year in which the time limit for establishing loans, advances and indebtedness was to expire; and WHEREAS, in adopting the amendment discussed herein, Section 33333.6(e)(2)(B) pro'vides that neither the City Council nor l~he Agency is required to follow the procedural requirements ordinarily required for the amendment of redevelopment plans; and WHEREAS, the City Council has determined, in consultation with the Agency, that eliminating the time limit for establishing loans, advances and indebtedness 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 of January 1, 2004 for establishing loans, advances and indebtedness under the Redevelopment Plan is hereby eliminated 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 a certified copy of this Ordinance to the Agency. Section 4 Severability If any part of 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 dele, ted. Section 5 Publication and Effective Date This Ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 10th day of March 2004. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 24th day of March 2004, by the following vote: AYES: NOES: Councilmembers Joseph A. Femekes, Richard A. Garbarino, and Pedro Gonzalez, Vice Mayor Raymond L. Green land Mayor Karyl Matsumoto None. ABSTAIN: None. AB~ENT: None. City Clerk As Mayor of the City of South San Francisco, I do hereby approve tke foregoing Ordinance this 24th day of March 2004.