HomeMy WebLinkAbout1760 - ORDINANCES - 5/27/2009 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 Attomey 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-
Bogie Project Area, the South Palm Canyon Project Area and the Central Business
Ordinance No. 1760
Page 2
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
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
Ordinance No. 1760
Page 3
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 ❑istrict 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 33334.2.
(c) The Agency has adopted an implementation plan in accordance with the
requirements of Health and Safety Code Section 33490.
(d) The Agency is in compliance with subdivision (a) and (b) of Health and
Safety Code Section 33413.
Ordinance No. 1760
Page 4
(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) Tahquilz-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 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
PASSED, APPROVED, AND ADOPTED THIS 27"' DAY OF MAY, 2009.
ST�EN P. POUGNE , MAYOR
A`I-TEST:
AMES 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.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, 2000, 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, Councilmember Weigel, and Mayor Pro Tem
Mills.
NOES: None.
ABSENT: None.
ABSTAIN: Councilmember Foat and Mayor Pougnet.
mes Thompson, City Clerk
ity of Palm Springs, California