ORD 259ORDINANCE NO. 259
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA AMENDING THE REDEVELOPMENT
PLAN FOR THE LA QUINTA REDEVELOPMENT
PROJECT AREA NO. 2 IN ACCORDANCE WITH SECTION
33333.6 OF THE COMMUNITY REDEVELOPMENT LAW
WHEREAS, the City Council of the City of La Quinta, California (the "City Council")
did duly pass and adopt Ordinance No. 139 on May 16, 1989, and did thereby approve the
Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2 (the "Redevelopment
Plan"); and
WHEREAS, Assembly Bill 1290, the Community Redevelopment Law Reform Act of
1993, which was enacted by the State of California and which became effective as of January 1,
1994, amended Section 33333.6 of the Community Redevelopment Law, which, as amended,
requires that the City Council adopt an ordinance prior to December 31, 1994, imposing the time
limitations mandated by Section 33333.6 upon certain activities carried out pursuant to the
Redevelopment Plan; and
WHEREAS, Section 33333.6 (a) of the Community Redevelopment Law provides that
the time limit on the establishing of loans, advances, and indebtedness set forth in the
Redevelopment Plan shall not exceed twenty (20) years from the adoption of the Redevelopment
Plan or January 1, 2004, whichever is later, provided, however, that this limit shall not prevent
the La Quinta Redevelopment Agency (the "Agency") from incurring debt to be paid from the
Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the
Agency's housing obligations under Section 33413 of the Community Redevelopment Law and
provided, further, that this limit shall not prevent the Agency from refinancing, refunding, or
restructuring indebtedness after the time limit if the indebtedness is not increased and the time
during which the indebtedness is to be repaid does not exceed the date on which the indebtedness
would have been paid; and
WHEREAS, Section 702 of the Redevelopment Plan currently provides that no loan,
advance or indebtedness to be repaid from the allocation of'taxes established or incurred by the
Agency to finance in whole or in part the Redevelopment Plan shall be established or incurred
after thirty (30) years following the date of adoption of the ordinance approving and adopting the
Redevelopment Plan; and
WHEREAS, Section 33333.6 (b) of the Community Redevelopment Law provides that
the effectiveness of the Redevelopment Plan shall terminate at a date which shall not exceed forty
(40) years from the adoption of the Redevelopment Plan or January 1, 2009, whichever is later
and that after the time limit on the effectiveness of the Redevelopment Plan, the Agency shall
have no authority to act pursuant to the Redevelopment Plan except to pay previously incurred
indebtedness and to enforce existing covenants, contracts, or other obligations; and
PusL:21321_114241 B2338.0 November 21, 1994
WHEREAS, Section 1000 of the Redevelopment Plan currently provides that, except for
the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions
of the Redevelopment Plan and the provisions of the other documents formulated pursuant to the
Redevelopment Plan may be made effective for forty (40) years from the effective date of
adoption of the Redevelopment Plan by the City Council; provided, however, that the Agency
may issue bonds and incur obligations pursuant to the Redevelopment Plan which extends beyond
the termination date, and in such event, the Redevelopment Plan shall continue in effect for the
purpose of repaying such bonds or other obligations as determined by the City Council; and
WHEREAS, Section 33333.6 (c) of the Community Redevelopment Law requires that
except as provided in subdivisions (g) and (h) of said Section 33333.6, the Agency shall not pay
indebtedness or receive property taxes pursuant to Section 33670 of the Community
Redevelopment Law after ten (10) years from the termination of the effectiveness of the
Redevelopment Plan; and
WHEREAS, Section 702 of the Redevelopment Plan provides that loans, advances or
indebtedness may be repaid over a period of time longer than the time limit set forth therein; and
WHEREAS, Section 33333.6 (e) (1) provides that unless a redevelopment plan adopted
prior to January 1, 1994, contains all of the limitations required by this section and each of these
limitations does not exceed the applicable time limits established by this section, the legislative
body, acting by ordinance on or before December 31, 1994, shall amend every redevelopment
plan adopted prior to January 1, 1994, either to amend an existing time limit that exceeds the
applicable time limit established by this section or to establish time limits that do not exceed the
provisions of subdivision (a), (b), or (c); and
WHEREAS, Section 33333.6 (e) (2) of the Community Redevelopment Law provides
that the limitations established in this Ordinance shall apply to the Redevelopment Plan as if the
Redevelopment Plan had been amended to include those limitations, however, in adopting this
Ordinance, neither the City Council nor the Agency is required to comply with any provisions of
the Community Redevelopment Law relating to the amendment of redevelopment plans; and
WHEREAS, Section 33333.6 (f) (1) provides that if a redevelopment plan adopted prior
to January 1, 1994, contains one or more limitations required by this section, and the limitation
does not exceed the applicable time limit required by this section, this section shall not be
construed to require an amendment of this limitation; and
WHEREAS, Section 33333.6 (f) (2) provides that a redevelopment plan adopted prior to
January 1, 1994, that has a limitation shorter than the terms provided in this section may be
amended to extend the limitation, within the applicable time limit established by this section,
pursuant to Section 33354.6; and
WHEREAS, certain time limits established in the Redevelopment Plan exceed the
applicable time limits established by Section 33333.6; and
auBL:21321_114241 B2338.0
November 21, 1994
WHEREAS, as set forth in Section 33333.6 (h) of the Community Redevelopment Law,
the time limits established herein pursuant to Section 33333.6 shall not be construed to affect the
validity of any bond, indebtedness, or other obligation, including any mitigation agreement
entered into pursuant to Section 33401, authorized by the City Council, or the Agency pursuant
to the Community Redevelopment Law, prior to January 1, 1994, nor shall the time limits be
construed to affect the right of the Agency to receive property taxes, pursuant to Section 33670,
to pay the indebtedness or other obligation; and
WHEREAS, the City Council is adopting this ordinance to amend those time limitations
in the Redevelopment Plan to comply with the time limitations set forth in Section 33333.6 of the
Community Redevelopment Law.
NOW THEREFORE, the City Council of the City of La Quinta does hereby ordain as
follows:
Section 1. The last paragraph of Section 702 of the Redevelopment Plan which sets
forth the time limitation on the establishment of loans, advances and indebtedness, is hereby
amended as follows:
"No loan, advance or indebtedness to be repaid from such allocation of
taxes established or incurred by the Agency to finance in whole or in part this
Plan shall be established or incurred after twenty (20) years from the date of
adoption of the ordinance approving and adopting this Plan. Provided, however,
that this limitation shall not prevent the Agency from incurring debt to be paid
from the Low and Moderate Income Housing Fund or establishing more debt in
order to fulfill the Agency's housing obligations under Section 33413 and
provided, further, that this limitation shall not prevent the Agency from
refinancing, refunding, or restructuring indebtedness after the time limit if the
indebtedness is not increased and the time during which the indebtedness is to be
repaid does not exceed the date on which the indebtedness would have been paid.
This limitation may only be extended by amendment of this Plan after the Agency
has made such findings as are required by law.
The loans, advances and indebtedness referred to in the preceding
paragraph may be repaid over a period of time longer than the limitation
established therein, except that the Agency shall not pay indebtedness or receive
the property tax increment described in this Section 702 after ten (10) years from
the termination of the effectiveness of this Plan as set forth in Section 1000 of this
Plan. Provided, however, that nothing in the foregoing limitation shall be
construed to or shall affect the validity of any bond, indebtedness, or other
obligation, including any mitigation agreement entered into pursuant to Section
33401, authorized by the City Council or the Agency prior to January 1, 1994.
Nor shall the foregoing limitation be construed to affect the right of the Agency to
receive the property tax increment referred to in this Section 702 to pay the
indebtedness or other obligation."
Section 2. No action is being taken pursuant to Section 33333.6 (b) to amend the
existing time limit on the duration of the Redevelopment Plan.
PUBL:21321_114241 B2338.0 November 21, 1994
Section 3. The City Council finds and determines that the amendments to the
Redevelopment Plan adopted by this Ordinance are in compliance with the time limitations set
forth in Section 33333.6 of the Community Redevelopment Law.
Section 4. The Redevelopment Plan shall remain in full force and effect, unmodified
except to the extent of those particular amendments expressly set forth in this Ordinance.
Section 5. The City Clerk is hereby authorized and directed to certify to the passage
of this Ordinance and to cause the same to be published in a newspaper of general circulation
which is published and circulated in the City of La Quinta.
Section 6. This Ordinance shall be in full force and effect thirty (30) days after passage.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of La Quinta held the 20th day of December,. 1994 by the following vote:
AYES: Council Members Bangerter, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: Council Member McCartney
ABSTAIN: None
JOHN P A, Aayor
City of La Quinta, California
A'
SAUNDRA JUHOLX, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN HONEYWELL, City Attorney
City of La Quinta, California
PUBL:21321_114241 B2338.0 November 21, 1994
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify
the foregoing to be a full, true and correct copy of Ordinance No. 259 which was introduced
on the 6th day of December, 1994 and was adopted at a regular meeting held on the 20th day
of December, 1994 not being less than 5 days after date of introduction thereof.
I fu er certify that the foregoing ordinance was posted in three (3) places within the City of
La i inta as specified in a resolution of the City Council.
SAUNDRA L. JLGrOLA, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify
that A foregoing ordinance was posted on December 22, 1994 pursuant to City Council
SAUNDRA L. bVHOLA, City Clerk
City of La Quinta, California