HomeMy WebLinkAbout06-11 CC Ordinance
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ORDINANCE NO. 06-11
AN ORDINANCE OF THE CITY COUNCil OF THE CITY
OF TEMECUlAAMENDING CERTAIN TIME LIMITATIONS
WITH RESPECT TO THE TEMECUlA REDEVELOPMENT
PLAN 1-1988 PURSUANT TO THE PROVISIONS OF
HEALTH AND SAFETY CODE SECTION 33333.6
THE CITY COUNCil OF THE CITY OF TEMECUlA DOES HEREBY ORDAIN
AS FOllOWS:
Section 1. The City Council of the City of Temecula does hereby find,
determine and declare that:
A. On July 12, 1988, the County of Riverside, prior to the incorporation of the
City of Temecula, duly adopted Ordinance No. 658 enacting a Redevelopment
Plan, known as the "County of Riverside Redevelopment Plan 1-1988"
(hereinafter referred to as the "Temecula Plan").
B. Subsequent to the enactment of the Temecula Plan, the City of Temecula
was incorporated on December 1, 1989.
C. All the territory to which the Temecula Plan applies (hereinafter referred to
as the "Project Area") is now within the corporate boundaries of the City of
Temecula.
D. Pursuant to City Ordinance 91-11, which became effective May 9, 1991,
and City Ordinance No. 91-15, which became effective April 9, 1991, the City
approved the Temecula Plan. Said Ordinances had the effect of adopting the
Temecula Plan and transferring jurisdiction over the Temecula Plan to the
Redevelopment Agency of the City of Temecula (the "Agency"), as of July 1,
1991. Pursuant to Ordinance Nos. 93-04 and 94-03, Ordinance No. 91-11 was
codified as Section 8.04.010 of the Temecula Municipal Code.
E. On December 20, 1994, the City Council adopted Ordinance No. 94-33,
establishing and amending certain time limitations with respect to the Temecula
Plan.
F. Section 33681.9, which was added to the Health and Safety Code by
Senate Bill 1045 and which took effect on September 1, 2003, required 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.
G. 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
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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 payments to affected
taxing entities required by Health and Safety Code Section 33607.7.
H. The Agency and the City Council desire that the Temecula Plan be
amended to extend by one year the time limit on the effectiveness of the
Temecula Plan and the time limit to repay indebtedness or receive property taxes
pursuant to the Health and Safety Code Section 33670.
Section 2. Section 610 of the Temecula Plan is hereby amended to read as
follows:
DURATION OF PLAN ACTIVITIES
Except for the nondiscrimination and nonsegregation provisions which
shall run in perpetuity, the effectiveness of this Plan shall terminate July
12, 2029, which date is forty-one (41) years from the date of adoption of
this Plan. After July 12, 2029, the Agency shall have no authority to act
pursuant to the Plan except to pay previously incurred indebtedness, to
comply with Health and Safety Code Section 33333.8, and to enforce
existing covenants, contracts, and other obligations. The Agency shall not
pay indebtedness or receive property taxes pursuant to Health and Safety
Code Section 33670 after July 12, 2039, except as otherwise specifically
permitted under Health and Safety Code Section 33333.6.
Section 3. The enactment of this Ordinance is not a project pursuant to the
California Environmental Quality Act (Public Resources Code Section 21000 et sea.)
and CEQA Guidelines (14 Cal. Code Regs Section 15000 et sea.), and specifically
Section 15378(b)(4) because the actions described herein are the continuation of an
existing governmental funding mechanism and a fiscal activity that does not involve any
commitment to any specific project which may result in a potentially significant physical
impact on the environment. Because enactment of this Ordinance is not a project for
CEQA purposes, this action is exempt from CEQA pursuant to CEQA Guidelines
Section 15061 (b)(3), and the City Clerk is directed to file a Notice of Exemption with the
County Clerk pursuant to CEQA Guidelines Section 15062 within five (5) days of the
adoption date of this Ordinance.
Section 4. This Ordinance shall be effective thirty (30) days after its adoption.
The City Clerk is directed to certify and publish this Ordinance as is required by law.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 26th day of September, 2006.
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ATTEST:
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 06-11 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 1ih day of September,
2006, and that thereafter, said Ordinance was duly adopted by the City Council of the City
of Temecula at a meeting thereof held on the 26th day of September, 2006, by the
following vote:
AYES: 5
COUNCIL MEMBERS:
NOES: 0
COUNCIL MEMBERS:
ABSENT: 0
COUNCIL MEMBERS:
ABSTAIN: 0
COUNCIL MEMBERS:
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Comerchero, Edwards, Naggar,
Washington, Roberts
None
None
None
ones, MMC
City Clerk
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