HomeMy WebLinkAboutOrd 1082 PDMC 33333.6 Amending Time Limitations w/Respect to RDA Plan for PA No. 1ORDINANCE NO. 1082
AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA,
AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE
REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1, AS AMENDED,
PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE
SECTION 33333.6
RECITALS:
WHEREAS, the City Council of the City of Palm Desert (the "City Council")
adopted Ordinance No. 80 on July 16, 1975 approving and adopting the
Redevelopment Plan (the "Redevelopment Plan") for Project Area No. 1 (the 'Project
Area");
WHEREAS, on March 24, 1977 and August 25, 1977, the City Council, pursuant
to Ordinance No. 157 and Ordinance No. 166, respectively, approved and adopted the
First Amendments making certain changes to the text of the Redevelopment Plan;
WHEREAS, the City Council adopted Ordinance No. 275 on November25, 1981,
approving and adopting the Second Amendment to the Redevelopment Plan, which
Second Amendment added territory to Project Area No. 1 (the "Added Territory");
WHEREAS, on October 13, 1983, the City Council, pursuant to Ordinance No.
324, approved and adopted the Third Amendment to the Redevelopment Plan which
deleted a portion of the territory added to the Project Area pursuant to the Second
Amendment which was within the territorial limits of the City of Indian Wells;
WHEREAS, on November 29, 1984, the City Council, pursuant to Ordinance No.
397, approved and adopted the Fourth Amendment to the Redevelopment Plan which
made certain changes to the text of the Redevelopment Plan and to the text of the
Second Amendment. The changes made by the Fourth Amendment to the text of the
Second Amendment did not affect and made no changes to the text of the
Redevelopment Plan with respect to the territory included within the original boundaries
of the Project Area;
WHEREAS, on December 11, 1986, the City Council, pursuant to Ordinance No.
484, established certain limitations in connection with the Redevelopment Plan for the
Project Area pursuant to Health and Safety Code Section 33333.4. The limitations
contained in Ordinance No. 484 apply only to the territory included within the original
boundaries of the Project Area;
WHEREAS, on December 7, 1989, the City Council, pursuant to Ordinance No.
589, approved and adopted the Fifth Amendment to the Redevelopment Plan which
made certain changes to the text of the Redevelopment Plan;
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WHEREAS, on January 24, 1991, the City Council, pursuant to Ordinance No.
628, approved and adopted the Sixth Amendment to the Redevelopment Plan which
made certain changes to the text of the Second Amendment, as amended by the Fourth
Amendment. The
changes made by the Sixth Amendment did not affect and made no changes to the text
of the Redevelopment Plan with respect to the territory included within the original
boundaries of the Project Area;
WHEREAS, on January 24, 1991, the City Council, pursuant to Ordinance No.
629, approved and adopted the Seventh Amendment to the Redevelopment Plan which
made certain changes to the text of the Redevelopment Plan and the text of the Second
Amendment, as amended by the Fourth Amendment and the Sixth Amendment;
WHEREAS, on December 8, 1994, the City Council adopted Ordinance No. 765,
establishing and amending certain time limitations with respect to the Project Area and
Added Territory;
WHEREAS, on February 27, 2003, the City Council adopted Ordinance No.
1035, eliminating the time limit on the establishment of loans, advances and
indebtedness for the Project Area, and the Added Territory;
WHEREAS, the Palm Desert Redevelopment Agency (the "Agency") has been
designated as the official redevelopment agency in the City of Palm Desert to carry out
the functions and requirements of the California Community Redevelopment Law
(Health and Safety Code Section 33000 et sea.) and to implement the Redevelopment
Plan, as amended;
WHEREAS, Section 33681.9, which was added to the Health and Safety Code
by Senate Bill 1045 and which took effect on September 1, 2003, requires the Agency
during the 2003-04 fiscal year to make a payment for deposit in Riverside County's
Educational Revenue Augmentation Fund and the Agency has made such payment;
WHEREAS, with respect to redevelopment plans adopted on or before
December 31, 1993, Section 33333.6 of the Health and Safety Code was amended by
Senate Bill 1045 to provide that when a redevelopment agency is required to make a
payment pursuant to Health and Safety Code Section 33681.9 the legislative body may
amend the redevelopment plan to extend by one year the time limit on the effectiveness
of the redevelopment plan and the time 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 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; and
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WHEREAS, the Agency and the City Council desire that the Redevelopment
Plan, as amended, be further amended to extend by one year the time limit on the
effectiveness of the Redevelopment Plan and the Second Amendment and the time limit
to repay indebtedness or receive property taxes pursuant to the Health and Safety Code
Section 33670;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Pursuant to Health and Safety Code Section 33333.6(e)(2)(C),
except as provided in Health and Safety Code subsection 33333.6(a) or as otherwise
permitted or required by law, July 16, 2016 is hereby established as the date upon
which the effectiveness of the Redevelopment Plan with respect to the Project Area
shall be deemed to be terminated.
Section 2. Pursuant to Health and Safety Code Section 33333.6(e)(2)(C),
except as provided in Health and Safety Code subsections 33333.6(f) (g) and (h), or as
otherwise permitted or required by law, July 16, 2026 is hereby established as the latest
date on which the Agency shall pay indebtedness related to its activities or receive
property taxes from the Project Area pursuant to Health and Safety Code Section
33670.
Section 3. Pursuant to Health and Safety Code Section 33333.6(e)(2)(C),
except as provided in Health and Safety Code subsection 33333.6(a) or as otherwise
permitted or required by law, November 25, 2022 is hereby established as the date
upon which the effectiveness of the Second Amendment with respect to the Added
Territory shall be deemed to be terminated.
Section 4. Pursuant to Health and Safety Code Section 33333.6(e)(2)(C),
except as provided in Health and Safety Code subsections 33333.6(f) (g) and (h), or as
otherwise permitted or required by law, November 25, 2032 is hereby established as the
latest date on which the Agency shall pay indebtedness related to its activities or
receive property taxes from the Added Territory pursuant to Health and Safety Code
Section 33670.
Section 5. Except as amended by this Ordinance, the Redevelopment Plan
and the Second Amendment, as previously amended, are unchanged and are in full
force and effect in accordance with their terms. Ordinance Nos. 80, 157, 166, 275, 324,
397, 484, 589, 628, 629, 765 and 1035 are continued in full force and effect as
amended by this Ordinance.
Section 6. If any part of this Ordinance is held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, for any reason, such decision
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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 or post this Ordinance in accordance with law.
PASSED AND ADOPTED this day of 2004, by the
following vote to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Robert A. Spiegel, Mayor
ATTEST:
Rachelle D. Klassen, City Clerk
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