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Home My WebLink About5/27/2009 - STAFF REPORTS - 2.H. � �QgLMgpq c City Council Staff Report *�C, 4 I-RA:{a',�P µR . liFo DATE: May 27, 2009 Consent Calendar SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1760, AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLANS FOR THE CENTRAL BUSINESS DISTRICT PROJECT AREA,- TAHQUITZ-ANDREAS PROJECT AREA, RAMON-BOGIE PROJECT AREA AND SOUTH PALM CANYON PROJECT AREA PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6(E)(2)(D) FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1760. RECOMMENDATION: Waive further reading and adopt Ordinance No. 1760, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLANS FOR THE CENTRAL BUSINESS DISTRICT PROJECT AREA, TAHQUITZ-ANDREAS PROJECT AREA, RAMON- BOGIE PROJECT AREA AND SOUTH PALM CANYON PROJECT AREA PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(D)." STAFF ANALYSIS: At its May 6, 2009, meeting Proposed Ordinance No. 1760 was introduced by the following vote: AYES: Councilmember Hutcheson, Councilmember Weigel, and Mayor Pro Tern Mills ABSENT: Councilmember Foat and Mayor Pougnet This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. James Thompson Da d H. Read h.D. City Clerk City Manage Attachment: Ordinance No. 1760 Item 2 . H . PROPOSED ORDINANCE NO. 1760 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLANS FOR THE CENTRAL BUSINESS DISTRICT PROJECT AREA, TAHQUITZ-ANDREAS PROJECT AREA, RAMON-BOGIE PROJECT AREA AND SOUTH PALM CANYON PROJECT AREA PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(D). City Attorney Summary This uncodified Ordinance extends by two years the time limit on the effectiveness of the Tahquitz-Andreas Project Area, the Ramon-Bogie Project Area, the South Palm Canyon Project Area, and the Central Business District Project Area Redevelopment Plans and the time to repay indebtedness or receive property taxes pursuant to Health and Safety Code Section 33670 as a result of the City's Redevelopment Agency's Fiscal Year 2004-05 ERAF payment and Fiscal Year 2005-06 ERAF payment. A. Recitals. (i) The City Council of the City of Palm Springs, California (the "City Council") adopted the following Ordinances approving and adopting Redevelopment Plans for certain of the Community Redevelopment Agency of the City of Palm Springs (the "Agency") Project Areas as follows: a. Ordinance No. 959 adopted July 11 1973, approving an adopting the Redevelopment Plan of the Central Business District Project Area,- b. Ordinance No. 1187 adopted July 19, 1983, approving an adopting the Redevelopment Plan of the Tahquitz-Andreas Project Area; C. Ordinance No. 1203, adopted November 30, 1983, approving an adopting the Redevelopment Plan of the South Palm Canyon Project Area; d. Ordinance No. 1202, adopted November 30, 1983, approving an adopting the Redevelopment Plan of the Ramon-Bogie Project Area. (ii) On December 21, 1994, the City Council adopted Ordinance Numbers 1489, 1490, 1494 and 1497 establishing and amending certain time limitations with respect to the Redevelopment Plans for the Tahquitz Andreas Project Area, the Ramon- 4; Ordinance No. Page 2 of 5 Bogie Project Area, the South Palm Canyon Project Area and the Central Business District Project Area, respectively. In addition Ordinance No. 1576 was adopted on December 15, 1999 further amending certain time limitations applicable to these Redevelopment Plans. (iii) On May 31, 2000, the City Council adopted Ordinance No. 1583 for the purpose of merging the Tahquitz-Andreas Project Area with the Agency's Baristo-Farrell Project Area and Canyon Project Area. (iv) On May 31, 2000, the City Council also adopted Ordinance No. 1584 for the purpose of merging the Central Business District Project Area, the South Palm Canyon Project Area and the Ramon-Bogie Project Area with the Agency's North Palm Canyon Project Area, Oasis Project Area, Highland-Gateway Project Area and Project Area No_ 9. (v) On May 4, 2004, the City Council adopted Ordinance Numbers 1649 and 1650 amending certain time limits with respect to these Redevelopment Plans. (vi) On May 4, 2004, the City Council also adopted Ordinance Numbers 1651 and 1652 eliminating the time limit on the establishment of loans, advances and indebtedness for all of its redevelopment project areas, including the Tahquitz-Andreas Project Area, the Ramon-Bogie Project Area, the South Palm Canyon Project Area and the Central Business District Project Area. (vii) The Agency has been designated as the office redevelopment agency in the City of Palm Springs to carry out the functions and requirements of the California Community Redevelopment Law (Health and Safety Code Section 33000 et s�Mc.) and to implement the Redevelopment Plans. (viii) Section 33681,12, which was added to the Health and Safety Code by Senate Bill 1096, required the Agency during the 2004-05 and 2005-06 fiscal years to make a payment for deposit in the Riverside County's Fducational Revenue Augmentation Fund. (ix) 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 less than 10 years, or, under certain conditions, is more than 10 year 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 plans to extend by one year for each ERAF payment made pursuant to Health and Safety Code Section 33681.12 the time limit on the effectiveness of the redevelopment plan and the limit to repay indebtedness or receive property taxes pursuant to Health and Safety Code Section 33670 by Ordinance No. Page 3 of 5, 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 Redevelopment Plans- (x) The Agency made the Fiscal Year 2004-05 ERAF payment to the Riverside County Educational Revenue Augmentation Fund pursuant to Health and Safety Code Section 33681.12 on or before May 10, 2005. (xi) The Agency made the Fiscal Year 2005-06 ERAF payment to the Riverside County Educational Revenue Augmentation Fund pursuant to Health and Safety Code Section 33681.12 on or before May 10, 2006. (xii) The Agency and the City Council desire that the Redevelopment Plans for the Tahquitz-Andreas Project Area, the Ramon-Bogie Project Area, the South Palm Canyon Project Area and the Central Business District Project Area be amended to extend by two years the time limit on the effectiveness of the Redevelopment Plans and the time to repay indebtedness or receive property taxes pursuant to the Health and Safety Code Section 33670 as a result of the Agency's Fiscal Year 2004-05 ERAF payment and Fiscal Year 2005-06 ERAF payment. B. Ordinance. The City Council hereby ordains as follows: Section 1: The City Council hereby finds and determines with respect to each respective project area as follows: (a) Funds used to make the Fiscal Year 2004-05 ERAF payment and 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 Plans for the Tahquitz-Andreas Project Area, the Ramon-Bogie Project Area, the South Palm Canyon Project Area and the Central Business District Project Area. (b) The Agency is in compliance with the requirements of Health and Safety Code Section 333342. (c) The Agency has adopted an implementation plan in accordance with the requirements of Health and Safety Code Section 33490, l. G_ Ordinance No. Page 4 of 5 (d) The Agency is in compliance with subdivision (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: On May 6, 2009, the City Council held a duly noticed public hearing on the adoption of this Ordinance. Section 3: Pursuant to Health and Safety Code Section 33333.6(e)(2)(D), the following dates are hereby established as the latest dates upon which the effectiveness of the Redevelopment Plan for the respective project areas shall be deemed to be terminated: (a) Central Business District: July 11, 2016; (b) Tahquitz-Andreas: July 19, 2026; (c) South Palm Canyon: November 30, 2026; and (d) Ramon-Bogie: November 30, 2026 Section 4: Pursuant to Health and Safety Code Section 33333.6(e)(2)(D), except as provided in Health and Safety Code subsections 33333.6(g) and (h), the following dates are hereby established as the latest date on which the Agency shall pay indebtedness related to its activities or receive property taxes from these project areas pursuant to Health and Safety Code Section 33670: (a) Central Business District: July 11, 2026; (b) Tahquitz-Andreas: July 19, 2036; (c) South Palm Canyon: November 30, 2036; and (d) Ramon-Bogie; November 30, 2036 Section 5: Except as amended by the Ordinance, the Redevelopment Plans for Tahquitz-Andreas Project Area, the Raman-Bogie Project Area, the South Palm Canyon Project Area and the Central Business District Project Area, as previously amended, are unchanged and are in full force and effect in accordance with their terms. Section 6: If any part of this Ordinance is held to be invalid or unconstitutional by the decision of any court or 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: The City Clerk shall certify to the passage of this Ordinance and is hereby directed to publish and post this Ordinance in accordance with current law. Ordinance No. Page 5 of 5 PASSED, APPROVED, AND ADOPTED THIS —DAY OF MAY, 2009. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. _ is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the day of May, 2009, and adopted at a regular meeting of the City Council held on the _ day of 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION z . OFFICE OF THE CITY CLERK James Thompson, City Clerk City Council Meeting Date: May 27, 2009 Subject: Ordinance No. 1760 AFFIDAVIT OF PUBLICATION I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that Ordinance No. 1760, adapted by the City Council on May 27, 2009, was published in the Desert Sun on June 6, 2009. 1 declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify that a copy of Ordinance No. 1760 was posted at Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on June 4, 2009. 1 declare under penalty of perjury that the foregoing is true and correct. Dolores Strickstei , Secretary PROOF OF PUBLICATION This is space for County Clerk's Filing Sramp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside i am a citizen of the United Status and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen — ---- years,and not a party to or interested in the No zass CITY OF PALM SPRINGS above-entitled matter.I am the principal clerk of a ORDINANCE NO.17f0 printer of the,DESERT SUN PUBLISIIINC COMPANY a newspaper of general circulation, AN ORDINANCE OF THE CITY OF PALMSPRINGS, CALIFORNIA AMENpINO CERTAIN printed and published in the city of Palm Springs, REDEVELOPMENT EME VELOPMENT PLANS FOR RESPECT County of Riverside,and which newspaper has been BUSINESS-ANDREAS DISTRRICT PRO JECTTJECT AREA, adjudged a newspaper of general circulation by the RAMON•BCGIE PROJECT AREA AND SOUTH PALM CANYON PROJECT AREA PURSUANT Superior Court of the County of Riverside,State of TTOY THE COOP SECTION S OF HEALTH AND SAFE• California under the date of March 24, 1988.Case 333 Number 191236;that the notice,of which the CdyAttorney Summary annexed is a printed copy(set in type not smaller This uncotll6ed Ordinance extends 6y two yuau the limo limit on file ollech✓dress of the Tahpultz- than non pariel,has been published in each regular Andreas Prelacy Area, the Ramon�Bogm Fro/CCf and entire issue of said an newspaper and not in Alan lln l South Palm Canyon Project Ares.and y the Central Business Dismal Pre/oct Area Race- supplement thereof on the following dates,to wit: velopmenr Plans and the time to repay mdcca d- nos$0I reeelv9 property taxes pursuant to Health and Selm Coda Sarlrony 3367p tic d insult of the June 6 2009 SiERAFpeymom and Fisco veyr2aaYear 6 ERAF payment. I.JAMES THOMPSON, City Clark of the City of Palm Springs,California,do omoyceddythmOr- —�.--W---------- dinflnrn No.1760 is a full true and correct coppy, and was introduced at a regUler meeting of the All in the year 2009 Palm Springs City Council on the 61h day.of MAyy, 2009,and adopted 9t a regular meetingg of the K Council held on the 27th day of May,2009,ry the I certify(or declare)under penalty of perjury that the following vote: foregoing is true and correct. AYES" Cou Mayor Pber H Mills On, Weigel, andNOES: Npno ABSENT None Dated at Palm Springs,California this---9",—day ABSTAIN. Councilmember Feat and Mayor PaugoO y of------ June -- - --,2009 c ry oofi Palm Sprirmgs Ca fornm �-',� --_ Puhllehed:6/6/07 J� < U L8 +�"� �- 1:.1 --- -n t— G 11 CITY OF PALM SPRINGS ORDINANCE NO. 1760 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLANS FOR THE CENTRAL BUSINESS DISTRICT PROJECT AREA, TAHQUITZ-ANDREAS PROJECT AREA, RAMON-BOGIE PROJECT AREA AND SOUTH PALM CANYON PROJECT AREA PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(D)- City Attorney Summary This uncodified Ordinance extends by two years the time limit on the effectiveness of the Tahguitz-Andreas Project Area, the Ramon-Bogie Project Area, the South Palm Canyon Project Area, and the Central Business District Project Area Redevelopment Plans and the time to repay indebtedness or receive property taxes pursuant to Health and Safety Code Section 33670 as a result of the City's Redevelopment Agency's Fiscal Year 2004-05 ERAF payment and Fiscal Year 2005-06 ERAF payment. I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1760 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 6t" day of May, 2009, and adopted at a regular meeting of the City Council held on the 27th day of May, 2009, by the following vote: AYES: Councilmember Hutcheson, Weigel, and Mayor Pro Tern Mills NOES: None - ABSENT: None ABSTAIN: Councilmember Foat and Mayor Pougnet Imes Thompson, City Clerk ity of Palm Springs, California ORDINANCE NO, 1760 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLANS FOR THE CENTRAL. BUSINESS DISTRICT PROJECT AREA, TAHQUITZ-ANDREAS _PROJECT AREA, RAMON-BOGIE PROJECT AREA AND SOUTH PALM CANYON PROJECT AREA PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(D). City Attorney Summary This uncodified Ordinance extends by two years the time limit on the effectiveness of the Tahquitz-Andreas Project Area, the Ramon-Bogie Project Area, the South Palm Canyon Project Area, and the Central Business District Project Area Redevelopment Plans and the time to repay indebtedness or receive property taxes pursuant to Health and Safety Code Section 33670 as a result of the City's Redevelopment Agency's Fiscal Year 2004-05 ERAF payment and Fiscal Year 2005-06 ERAF payment. A. Recitals. (i) The City Council of the City of Palm Springs, California (the "City Council") adopted the following Ordinances approving and adopting Redevelopment Plans for certain of the Community Redevelopment Agency of the City of Palm Springs (the "Agency") Project Areas as follows: a. Ordinance No. 959 adopted July 11 1973, approving an adopting the Redevelopment Plan of the Central Business District Project Area; b. Ordinance No. 1187 adopted July 19, 1983, approving an adopting the Redevelopment Plan of the Tahquitz-Andreas Project Area; C. Ordinance No. 1203, adopted November 30, 1983, approving an adopting the Redevelopment Plan of the South Palm Canyon Project Area; d. Ordinance No. 1202, adopted November 30, 1983, approving an adopting the Redevelopment Plan of the Ramon-Bogie Project Area. (ii) On December 21, 1994, the City Council adopted Ordinance Numbers 1489, 1490, 1494 and 1497 establishing and amending certain time limitations with respect to the Redevelopment Plans for the Tahquitz-Andreas Project Area, the Ramon- Ordinance No. 1760 Page 2 of 5 Bogie Project Area, the South Palm Canyon Project Area and the Central Business District Project Area, respectively. In addition Ordinance No. 1576 was adopted on December 15, 1999 further amending certain time limitations applicable to these Redevelopment Plans. (iii) On May 31, 2000, the City Council adopted Ordinance No. 1583 for the purpose of merging the Tahquitz-Andreas Project Area with the Agency's Baristo-Farrell Project Area and Canyon Project Area. (iv) On May 31, 2000, the City Council also adopted Ordinance No. 1584 for the purpose of merging the Central Business District Project Area, the South Palm Canyon Project Area and the Ramon-Bogie Project Area with the Agency's North Palm Canyon Project Area, Oasis Project Area, Highland-Gateway Project Area and Project Area No. 9. (v) On May 4, 2004, the City Council adopted Ordinance Numbers 1649 and 1650 amending certain time limits with respect to these Redevelopment Plans. (vi) On May 4, 2004, the City Council also adopted Ordinance Numbers 1651 and 1652 eliminating the time limit on the establishment of loans, advances and indebtedness for all of its redevelopment project areas, including the Tahquitz-Andreas Project Area, the Ramon-Bogie Project Area, the South Palm Canyon Project Area and the Central Business District Project Area. (vii) The Agency has been designated as the office redevelopment agency in the City of Palm Springs to carry out the functions and requirements of the California Community Redevelopment Law (Health and Safety Code Section 33000 et sec.) and to implement the Redevelopment Plans. (viii) Section 33681.12, which was added to the Health and Safety Code by Senate Bill 1096, required the Agency during the 2004-05 and 2005-06 fiscal years to make a payment for deposit in the Riverside County's Educational Revenue Augmentation Fund. (ix) 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 less than 10 years, or, under certain conditions, is more than 10 year 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 plans to extend by one year for each ERAF payment made pursuant to Health and Safety Code Section 33681,12 the time limit on the effectiveness of the redevelopment plan and the limit to repay indebtedness or receive property taxes pursuant to Health and Safety Code Section 33670 by Ordinance No. 1760 Page 3 of 5 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 Redevelopment Plans. (x) The Agency made the Fiscal Year 2004-05 ERAF payment to the Riverside County Educational Revenue Augmentation Fund pursuant to Health and Safety Code Section 33681.12 on or before May 10, 2005. (xi) The Agency made the Fiscal Year 2005-06 ERAF payment to the Riverside County Educational Revenue Augmentation Fund pursuant to Health and Safety Code Section 33681.12 on or before May 10, 2006. (xii) The Agency and the City Council desire that the Redevelopment Plans for the Tahquitz-Andreas Project Area, the Ramon-Bogie Project Area, the South Palm Canyon Project Area and the Central Business District Project Area be amended to extend by two years the time limit on the effectiveness of the Redevelopment Plans and the time to repay indebtedness or receive property taxes pursuant to the Health and Safety Code Section 33670 as a result of the Agency's Fiscal Year 2004-05 ERAF payment and Fiscal Year 2005-06 ERAF payment. B. Ordinance. The City Council hereby ordains as follows: Section 1: The City Council hereby finds and determines with respect to each respective project area as follows: (a) Funds used to make the Fiscal Year 2004-06 ERAF payment and 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 Plans for the Tahquitz-Andreas Project Area, the Ramon-Bogie Project Area, the South Palm Canyon Project Area and the Central Business District Project Area. (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. 1760 Page 4 of 5 (d) The Agency is in compliance with subdivision (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: On May 6, 2009, the City Council held a duly noticed public hearing on the adoption of this Ordinance. Section 3: Pursuant to Health and Safety Code Section 33333.6(e)(2)(D), the following dates are hereby established as the latest dates upon which the effectiveness of the Redevelopment Plan for the respective project areas shall be deemed to be terminated.- (a) Central Business District: July 11, 2016; (b) Tahquitz-Andreas: July 19, 2026; (c) South Palm Canyon: November 30, 2026; and (d) Ramon-Bogie: November 30, 2026 Section 4: Pursuant to Health and Safety Code Section 33333.6(e)(2)(D), except as provided in Health and Safety Code subsections 33333.6(g) and (h), the following dates are hereby established as the latest date on which the Agency shall pay indebtedness related to its activities or receive properly taxes from these project areas pursuant to Health and Safety Code Section 33670: (a) Central Business District: July 11, 2026; (b) Tahquitz-Andreas: July 19, 2036; (c) South Palm Canyon: November 30, 2036; and (d) Ramon-Bogie: November 30, 2036 Section 5: Except as amended by the Ordinance, the Redevelopment Plans for Tahquitz-Andreas Project Area, the Ramon-Bogie Project Area, the South Palm Canyon Project Area and the Central Business District Project Area, as previously amended, are unchanged and are in full force and effect in accordance with their terms. Section 6: If any part of this Ordinance is held to be invalid or unconstitutional by the decision of any court or 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: The City Clerk shall certify to the passage of this Ordinance and is hereby directed to publish and post this Ordinance in accordance with current law_ Ordinance No. 1760 Page 5 of 5 PASSED, APPROVED, AND ADOPTED THIS 27'h DAY OF MAY, 2009. CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1760 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 6th day of May, 2009, and adopted at a regular meeting of the City Council held on the 27th day of May, 2009, by the following vote: AYES: Councilmember Hutcheson, Weigel, and Mayor Pro Tem Mills NOES: None ABSENT: None ABSTAIN: Councilmember Foat and Mayor Pougnet James Thompson, City Clerk City of Palm Springs, California