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ORD 403 ORDINANCE NO. 403 -- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO.2 PURSUANT TO SENATE BILL 1045 AS CODIFIED IN HEALTH & SAFETY CODE SECTION 33333.6(e)(2)(C) THE CITY COUNCIL OF THE CITY OF LA QUINT A DOES ORDAIN AS FOLLOWS: SECTION 1. The Redevelopment Plan for Project Area No.2 as existing on the date hereof (hereinafter, the "Plan") is hereby amended to extend, by one year, (a) the currently existing time limit on the effectiveness of the Plan, and (b) the currently existing time limit in the Plan to repay indebtedness with the proceeds of property taxes received pursuant to Health & Safety Code Section 33670. SECTION 2. The foregoing amendment to the Plan is effected pursuant to the authority established by Senate Bill 1045, effective September 2, 2003, which is codified in pertinent part in Health & Safety Code Section 33333.6(e)(2)(C), - which states: "When an agency is required to make a payment pursuant to [Health & Safety Code] Section 33681.9, the legislative body may amend the redevelopment plan to extend the time limits required pursuant to subdivisions (a) and (b) by one year by adoption of an ordinance. In adopting an ordinance pursuant to this subparagraph, neither the legislative body nor the agency. is required to comply with [Health & Safety Code] Section 33354.6 or Article 1 2 (commencing with [Health & Safety Code] Section 33450) or any other provision of this part relating to the amendment of redevelopment plans, including, but not limited to, the requirement to make the payment to affected taxing entities required by [Health & Safety Code] Section 33607.7." The Agency is required to make the payment pursuant to Health & Safety Code Section 33681.9 and thus the Plan may be amended pursuant to the terms of Health & Safety Code Section 33333.6(e)(2)(C). SECTION 3. Enactment of this Ordinance is exempt from the California Environmental Quality Act (Pub. Res. Code §21000 et seq.) ("CECA") pursuant to terms of Health & Safety Code Section 33333.6(e)(2)(C), and further pursuant to CECA Guidelines Section 15378(b)(4) [Title 14 CCR § 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. -- Ordinance No. 403 Redevelopment Plan Amendment Project Area No.2 Adopted: March 16. 2004 Page 2 . SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each, section subdivision, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unconstitutional. SECTION 5. Except as amended hereby, the Plan shall remain in full force and effect according to its terms. SECTION 6. All required proceedings and considerations precedent to the adoption of this Ordinance have been regularly taken in accordance with applicable law. SECTION 7. The City Manager shall notify the appropriate public entities of the adoption of this Ordinance. SECTION 8. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. PASSED, APPROVED, and ADOPTED by the La Quinta City Council at a regular meeting held on this 16th day of March, 2004, by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DONALD AD H, ayor City of La Quinta, California -~~- - Ordinance No. 403 Redevelopment Plan Amendment - Project Area No.2 I Adopted: March 16. 2004 Page 3 ATTEST: ~---d.~. V JU E ~.. REEK,CMC,City Ie City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: -- -- I Ordinance No. 403 Redevelopment Plan Amendment Project Area No.2 Adopted: March 16. 2004 Page 4 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINT A ) I, JUNE S. GREEK, 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. 403 which was introduced at a regular meeting on the 2nd day of March, 2004, and was adopted at a regular meeting held on the 16th day of March, 2004, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. ~-~~.~~ J. . . GREEK, CMC, CI y Clerk City of La Quinta, California DECLARATION OF POSTING I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on March 19, 2004, pursuant to Council Resolution. ~~-~ JUN S REEK, CMC, City C rk City of La Quinta, California ------ ----