HomeMy WebLinkAbout1652 - ORDINANCES - 5/5/2004 ORDINANCE NO. 1652
AN ORDINANCE OF THE CITY OF PALM '
SPRINGS ELIMINATING THE TIME LIMIT ON
ESTABLISHMENT OF LOANS, ADVANCES
AND INDEBTEDNESS WITH RESPECT TO
THE MERGED REDEVELOPMENT PLAN
FOR MERGED REDEVELOPMENT PROJECT
NO. 2; AND MAKING OTHER FINDINGS IN
CONNECTION THEREWITH
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WHEREAS, the Community Redevelopment Agency of the City of Palm Springs
("Agency") is a community redevelopment agency duly created, established and
authorized to transact business and exercise its powers, all under and pursuant to the
California Community Redevelopment Law (Part 1 of Division 24, commencing with
Section 33000, of the Health and Safety Code of the State of California) ("CRL"); and
WHEREAS, the Redevelopment Plans for the Tahquitz-Andreas Project, Baristo-
Farrell Project, and Canyon Project (collectively, the "Constituent Areas") were
amended by the Agency's legislative body, the City Council of the City of Palm
Springs ("City Council") by Ordinance 1583 adopted on May 31, 2000 resulting in the
Merged Redevelopment Plan ("Redevelopment Plan") for Merged Redevelopment
Project No. 2 (the "Project"); and
WHEREAS, the Agency is engaged in activities necessary and appropriate to carry '
out the Redevelopment Plan which was amended by Ordinance No. 1624 on February
19, 2003 which, among other actions, resulted in an Amended and Restated
Redevelopment Plan ("Amended and Restated Plan") for the Project which includes
deadlines for incurring indebtedness for each of the Constituent Areas as adopted
previously by Ordinances of the City Council on December 21, 1994, which among
other actions, added certain provisions and limitations to the Redevelopment Plan as
required by CRL Section 33333.6, that, among such limitations, set the following
deadlines after which the Agency may not incur debt in conjunction with
implementation of the Redevelopment Plan for the Project:
Deadline Ordinance No.
Tahquitz-Andreas 01/01/2004 1489
Baristo-Farrell 01/01/2004. 1493
Canyon 01/01/2004. 1492
WHEREAS, CRL Section 33333.6(e)(2) was amended by the California legislature in
2001, effective January 1, 2002, to provide that as to redevelopment plans originally
adopted pre-January 1, 1994 the legislative body of an agency (City Council) may
enact an ordinance eliminating the deadline on incurring indebtedness formerly
required by CRL Section 33333.6, and to further provide that such ordinance may be '
adopted without compliance with CRL Section 33354.6 or Article 12 of the CRL,
except that the redevelopment agency must begin making certain payments of
portions of the Agency's tax increment to affected taxing entities required by CRL
Section 33607.7 commencing from the date the applicable redevelopment plan
reaches the previously existing deadline to incur debt; and
Ordinace 1652
Page 2
WHEREAS, the enactment of this Ordinance is exempt from the California
Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA")
' pursuant to CEQA Guidelines Section 15378(b)(4) (California Code of Regulations
Section 15378(b)(4)) because it is a fiscal activity which does not involve any
commitment to any specific project which may result in a potentially significant
physical impact on the environment.
NOW THEREFORE, the City Council of the City of Palm Springs hereby ordains as
follows:
SECTION 1. The time limits to incur debt set forth in the Amended and Restated
Redevelopment Plan and the implementation thereof is hereby eliminated.
SECTION 2. The Community Redevelopment Agency is hereby authorized to incur
indebtedness and any other obligations with respect to the Amended and Restated
Redevelopment Plan in accordance with all remaining provisions of such Plan at any
time during which the Plan is effective.
SECTION 3. Except with respect to the amendment set forth herein, the Amended
and Restated Redevelopment Plan is and shall remain unchanged and in full force
and effect in accordance with its terms.
SECTION 4. The City Clerk is hereby authorized and directed to file a Notice of
Exemption with the County of Riverside pursuant to CEQA Guidelines Section 15062.
' SECTION 5. This Ordinance shall go into effect and be in full force and operation
from and after thirty (30) days after its final passage and adoption. The City Clerk
shall certify to the passage and adoption of this Ordinance and shall cause the same
or summary thereof, or a display advertisement, duly prepared according to law, to be
published in accordance with law.
ADOPTED this 5th day of May, 2004.
AYES: Members McCulloch, Pougnet, and Mayor Oden
NOES: None
ABSENT: Members Foat and Mills
BYTES CITY OF PALM SPRINGS, CALIFORNIA
By.
City Clerk Mayor
REVIEWED & APPROVED
I HEREBY CERTIFY THAT THE FOREGOING Ordinance 1652 was duly adopted by
the City Council of the City of Palm Springs, California, in a meeting held on the 5th
day of May, 2004, and that same was published in Public Record, a newspaper of
general circulation on April 27,7P:ATRICIAA. SANDE
ay18, 2 4 RS
City Clerk