HomeMy WebLinkAboutOrd 1085 - Project Area 4CITY OF PALM DESERT
STAFF REPORT
REQUEST: ADOPTION OF ORDINANCE NO. 1o82AMENDING 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
ADOPTION OF ORDINANCE NO.1o83AMENDING CERTAIN TIME
LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN
FOR PROJECT AREA NO. 2 PURSUANT TO THE PROVISIONS
OF HEALTH AND SAFETY CODE SECTION 33333.6
ADOPTION OF ORDINANCE NO.I084 AMENDING CERTAIN TIME
LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN
FOR PROJECT AREA NO. 3, PURSUANT TO THE PROVISIONS
OF HEALTH AND SAFETY CODE SECTION 33333.6
ADOPTION OF ORDINANCE NO. 1085AMENDING CERTAIN TIME
LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN
FOR PROJECT AREA NO. 4 PURSUANT TO THE PROVISIONS OF
HEALTH AND SAFETY CODE SECTION 33333.6
SUBMITTED BY: DENNIS M. COLEMAN, REDEVELOPMENT/HOUSING FINANCE
MANAGER
DATE: NOVEMBER 18, 2004
CONTENTS: ORDINANCE NO.1082FOR PROJECT AREA NO. 1
ORDINANCE NO.io83FOR PROJECT AREA NO. 2
ORDINANCE NO.1084FOR PROJECT AREA NO. 3
ORDINANCE NO.IffEr'FOR PROJECT AREA NO. 4
Recommendation:
Waive further reading and introduce the following ordinances for first
reading:
1. Ordinance No. 108,2an 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 Health and Safety
Code Section 33333.6.
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Staff Report
Adoption of Ordinances amending all Project Areas Redevelopment Plans
November 18, 2004
Page 2
2. Ordinance No.1°8?an ordinance of the City of Palm Desert, California,
amending certain time limitations with respect to the Redevelopment
Plan for Project Area No. 2 pursuant to Health and Safety Code Section
33333.6.
3. Ordinance No.lo84an ordinance of the City of Palm Desert, California,
amending certain time limitations with respect to the Redevelopment
Plan for Project Area No. 3 pursuant to Health and Safety Code Section
33333.6.
4. Ordinance No.1085,an ordinance of the City of Palm Desert, California,
amending certain time limitations with respect to the Redevelopment
Plan for Project Area No. 4 pursuant to Health and Safety Code Section
33333.6.
Executive Summary
In 2003, the legislature adopted Senate Bill 1045. This bill allows redevelopment agencies
who make the ERAF payments in Fiscal Year 2004 to extend redevelopment plans and the
limit for receiving property taxes. The City Council's action will extend both the length of
the redevelopment plans and the time for paying indebtedness and receiving property
taxes for all the City's Redevelopment Project areas.
Discussion:
The ordinances will amend the time lines for the plan effectiveness and the ability to collect
tax increment in each of the project areas as follows:
Project Area No. 1
The new limits in connection with the territory included in the original boundaries of Project
Area No. 1 are as follows: the effectiveness of the Plan now terminates on July 16, 2016;
and the new limit on paying indebtedness and receiving property taxes is July 16, 2026.
The new limits in connection with the territory added to the Project Area by the Second
Amendment to the Plan, adopted in 1982, are as follows: the effectiveness of the Plan now
terminates on November 25, 2022; and the limit on paying indebtedness and receiving
property taxes is November 25, 2032.
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Staff Report
Adoption of Ordinances amending all Project Areas Redevelopment Plans
November 18, 2004
Page 3
Project Area No. 2
The effectiveness of the Plan will terminate on July 15, 2028; and the limit on paying
indebtedness and receiving property taxes is July 15, 2038.
Project Area No. 3
The effectiveness of the Plan will terminate on July 17, 2032; and the limit on paying
indebtedness and receiving property taxes is July 17, 2042.
Project Area No. 4
The effectiveness of the Plan now terminates on July 19, 2034; and the 1994 limit on
paying indebtedness and receiving property taxes is July 19, 2044.
Submitted By:
Dennis M. Coleman
Redevelopment/Housing Finance Manager
DMC:mh
Approval:
cCarthy
edevelopm
Department Head:
avid Yrigoye
Director of Rg'evelopment/Housing
Carlos L. Ort
Executive Director
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ORDINANCE NO. 1085
AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA,
AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE
REDEVELOPMENT PLAN FOR PROJECT AREA NO. 4 PURSUANT TO
THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6
RECITALS:
WHEREAS, the City Council of the City of Palm Desert, California (the "City
Council"), adopted Ordinance No. 724 on July 19, 1993 approving and adopting the
Redevelopment Plan for the Project Area No. 4 (the "Project Area"); and
WHEREAS, on December 8, 1994, the City Council adopted Ordinance No. 768,
establishing and amending certain time limitations with respect to the Redevelopment
Plan; and
WHEREAS, on February 26, 2004, the City Council adopted Ordinance No.
1063, eliminating the time limit on the establishment of loans, advances and
indebtedness; and
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 seq.) and to implement the Redevelopment
Plan; and
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;
and
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
ORDINANCE NO.lo85
WHEREAS, the Agency and the City Council desire that the Redevelopment
Plan be amended 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 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 19, 2034 is hereby established as the date upon
which the effectiveness of the Redevelopment Plan 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 19, 2044 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. Except as amended by this Ordinance, the Redevelopment Plan,
as previously amended by Ordinance Nos. 768 and 1063, is unchanged and is in full
force and effect in accordance with its terms. Ordinance Nos. 724, 768 and 1063 are
continued in full force and effect as amended by this Ordinance.
Section 4. 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
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.
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ORDINANCE NO. 1085
Section 5. 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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