HomeMy WebLinkAboutOrd 1339-2004ORDINANCE NO. 1339-2004
AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO
REDEVELOPMENT AGENCY ELIMINATING THE TIME LIMIT ON
THE ESTABLISHMENT OF LOANS, ADVANCES, AND
INDEBTEDNESS WITH RESPECT TO THE U.S.
STEEL/SHEARWATER 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 U.S.
Steel Plant Site Project ("U.S. Steel/Shearwater") on January 8, 1986 by Ordinance No. 996-86
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
plant 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 8, 2006; 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)
provides that neither the City Council nor the 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 8, 2006 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
deleted.
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:
NO]ES:
ABSTAIN:
ABSENT:
Councilmembers Joseph A. Femekes, Richard A. Garbarino, and Pedro Gonzalez,
Vice Mayor Raymond L. Green ~and Mayor Karyl Matsumoto
None.
None.
None.
As Mayor of the City of South San Francisco, I do hereby appr&ve the~foregoing
Ordinance this 24th day °f March 2004' & i \~M~ayo~r\~