O 551
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ORDINANCE NO. 551
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING THE
REDEVELOPMENT PLAN FOR THE ARROYO GRANDE
REDEVELOPMENT PROJECT PURSUANT TO HEALTH
AND SAFETY CODE SECTION 3333~.2(c)
WHEREAS, .the Redevelopment Plan for the Arroyo Grande Redevelopment Project
(the "Project") was. adopted by Ordinance No. 487 C.S. on June 10, 1997; and
WHEREAS, the Redevelopment Plan (the "Plan") for the Project authorizes the
collection of tax increment as provided for in Health and Safety Code Section 33670;
and
WHEREAS, California Health and Safety Code Section 33333.2(c) established as an
urgency statute under SB 1045, Chapter 260, Statutes of 2003 ("SB 1045") provides in
pertinent part:
When an agency is required to make a payment pursuant to
Section 33681.9, the legislative body may amend the
redevelopment plan to extend the time limits required
pursuant to paragraphs (2) and (3) of subdivision (a) by one
year by adoption .of an ordinance. In adopting this
ordinance, neither the legislative body nor the agency is
required to comply with Section 33354.6, Article 12
(commencing with Section 33450), or any other provision of
this part relating to the amendment of redevelopment plans;
and
WHEREAS, the Agency shall make a payment during the 2003-04 fiscal year pursuant
to Section 33681.9; and
WHEREAS, the City Council has determined to take advantage of SB 1045 and adopt
an ordinance which extends by one (1) year the time limits required pursuant to
paragr'aph~ (2) and (3) of subdivision (a) of Section 33333.2 of the Califomia Health and
Safety Code; and
WHEREAS, the enactment of this Ordinance is exempt from the Califomia
Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA")
pursuant to CEQA Guidelines Section 15378(b}(4) because it is a fiscaf activity which
does not involve any commitment to any specific project which may result in a
potentially significant physical impact on the environment.
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ORDINANCE NO. 551
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NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo
Grande as follows:
1. Subsection 7 of Section 602 of the Plan is amended to read as follows:
As provided for in Section 33333.2(a)(3) in the CCRl, the
Agency shall not repay indebtedness with the proceeds of
property taxes received pursuant to Section 33670 of the
CCRl after the latest time allowable under SB1045 for the
repayment of indebtedness, which, for reference purposes,
will be treated as forty-six (46) years from the date of
adoption of the Redevelopment Plan. After the time limit
established pursuant to this paragraph, the Agency may not
receive property taxes pursuant to Section 33670 of the
CCRL.
2. The first paragraph of Section 900 of the Plan is amended to read as follows:
Except for the nondiscrimination and nonsegregation
provisions (which shall run in perpetuity), or the obligation to
repay any indebtedness as provided in Sections 601 and
602, the provisions of this Plan and other documents
formulated pursuant to .the Plan may be made effective for
the longest period allowable pursuant to SB 1045, which, for
reference purposes, will be treated as the thirty-first (31 at)
anniversary of June 10, 1997, the date of adoption of the
Plan by the City Council. Provisions in documents providing
for the payment or repayment of indebtedness may be made
effective for the longest time legally allowable, as provided
for in Section 33333.2(a)(1 )(A) and (B) of the CCRl, for the
purpose of repaying hi full all bonds, obligations, and
. indebtedness of the Agency to the extent required by law.
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3. Except as amended herein, the Plan shall remain in full force and effect
according to its terms.
4. All required proceedings and considerations precedent to the adoption of this
Ordinance have been regularly taken in accordance with applicable law.
5. The Director of Administrative Services/Deputy City Clerk is hereby authorized to
file a Notice of Exemption with the County of San Luis Obispo pursuant to CEaA
Guidelines Section 15094.
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ORDINANCE NO. 551
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6. A summary of this Ordinance shall be published in a newspaper published and
circulated in the City of Arroyo Grande at least five (5) days prior to the City
Council meeting at which the proposed Ordinance is to be adopted. A certified
copy of the full text of the proposed Ordinance shall be posted in the office of the
Director of Administrative Services/Deputy City Clerk. Within fifteen (15) days
after adoption of the Ordinance, the summary with the names of those City
Council members voting for and against the Ordinance shall be published again,
and the Director of Administrative Services/Deputy City Clerk shall post a
certified copy of the full text of such adopted Ordinance. This Ordinance shall
take effect and be in full force and effect thirty (30) days after its passage.
On motion of Council Member Costello, seconded by Council Member Runels, and on
the following roll call vote, to wit:
AYES: Council Members Costello, Runels, Dickens, Lubin and Mayor Ferrar~
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 13th day of January, 2004.
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ORDINANCE NO.
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, MAYOR
ATTEST:
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~M-
E, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
~N~MANAGER
APPROVED AS TO FORM:
STRADLING YOCCA CARLSON & RAUTH,
A PROFESSIONAL CZ/
~EL
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OFFICIAL CERTIFICATION
I, KELL Y WETMORE, Director of Administrative Services/Deputy City Clerk of
the City of Arroyo Grande. County of San Luis Obispo. State of California. do
hereby certify under penalty of perjury. that the attached is a true. full. and
correct copy of Ordinance No. 551 which was introduced at a regular meeting of
the City Council on December 9. 2003; was passed and adopted at a regular
meeting of the City Council of the City of Arroyo Grande on the 13" day of
January. 2004; and was duly published in accordance with State law (G.C.
40806).
WITNESS my hand and the Seal of the City of Arroyo. Grande affixed this 15th
day of January. 2004.
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KELLY - - TMO -E. DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
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