HomeMy WebLinkAbout03-12 Eliminating Time Limit on Establishment of Loans, Advances and Indebtedness; Downtown Redevelopment ProjectORDINANCE 03-12
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA,
ELIMINATING THE TIME LIMIT ON
ESTABLISHMENT OF LOANS, ADVANCES AND
INDEBTEDNESS WITH RESPECT TO THE
REDEVELOPMENT PLAN FOR THE
DOWNTOWN REDEVELOPMENT PROJECT
AREA; AND MAKING OTHER FINDINGS IN
CONNECTION THEREWITH
WHEREAS, the Costa Mesa Redevelopment Agency ("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 Agency is engaged in activities necessary and appropriate to
carry out the Redevelopment Plan ('Redevelopment Plan") for the Downtown
Redevelopment Project ("Project Area") which was adopted by the Agency's legislative
body, the City Council of the City of Costa Mesa ("City Council'), by Ordinance No. 73-
74 on December 24, 1973, and thereafter amended by Ordinance No. 77-27 on July 5,
1977, Ordinance No. 80-22 on November 18, 1980, Ordinance No. 86-24 on December
15, 1986, and Ordinance No. 94-15 on November 7, 1994; and
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
WHEREAS, by Ordinance No. 94-15 adopted on November 7, 1994 the City
Council, 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 deadline of January 1, 2004 after which the Agency may not incur debt in
conjunction with implementation of the Redevelopment Plan for the Project Area; and
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 Costa Mesa hereby ordains
as follows:
1. The time limit of January 1, 2004 to incur debt set forth in the
Redevelopment Plan and the implementation thereof is hereby eliminated.
2. Agency is hereby authorized to incur indebtedness and any other
obligations with respect to the Redevelopment Plan in accordance with all remaining
provisions of such Redevelopment Plan at any time during which the Redevelopment
Plan is effective.
3. Except with respect to the amendment set forth herein, the
Redevelopment Plan is and shall remain unchanged and in full force and effect in
accordance with its terms.
3. The City Clerk is hereby authorized and directed to file a Notice of
Exemption with the County of Orange pursuant to CEQA Guidelines Section 15094.
4. 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 this Ordinance to
be published as set forth below.
5. At least five (5) days prior to its final adoption, copies of this Ordinance
shall be posted in at least three (3) prominent and public locations in the City; and a
notice shall be published once in the Daily Pilot, a newspaper of general circulation in
the City of Costa Mesa, setting forth the title of this Ordinance, the date of its
introduction and the places where this Ordinance is posted. Within fifteen (15) days
following final adoption, a summary of the Ordinance with the names of the council
members and votes shall be published in a newspaper of general circulation.
PASSED AND ADOPTED this W day of November, 2003.
O'L
Mayor of the ity of Costa Mesa
ATTEST: APPROVED AS TO FORM:
Deputy q} Clerk of t e City of Costa Mesa City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, Deputy City Clerk and ex -officio clerk of the City Council of the
City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 03-12
was introduced and considered section by section at a regular meeting of said City
Council held on November 3, 2003, and thereafter passed and adopted as a whole at a
regular meeting of said City Council held on the 17'^ day of November, 2003, by the
following roll call vote:
AYES: Monahan, Steel, Cowan, Mansoor, Schea£er
NOES: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 1S'" day of November, 2003.
Deputy (& Clerk and Clerk of the
City Council of the City of Costa Mesa