ORDINANCE NO. 2792-05

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ADOPTING THE SIXTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CORE REDEVELOPMENT PROJECT AREA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(D) AND AMENDING RELATED ORDINANCES IN CONNECTION THEREWITH

          WHEREAS, the City Council of the City of Sunnyvale adopted the Redevelopment Plan for the Central Core Redevelopment Project Area by Ordinance No. 1796-75 on November 26, 1975, as amended by Ordinance No. 2200-87, adopted on January 6, 1987, as amended by Ordinance No. 2448-93, dated on October 5, 1993, as amended by Ordinance No. 2493-94, adopted on December 20, 1994, as amended by Ordinance No. 2742-04, adopted on January 13, 2004, and as further amended by Ordinance No. 2777-05, adopted on March 22, 2005 (collectively, the "Redevelopment Plan"), establishing the Central Core Redevelopment Project Area (the "Project Area"); and

          WHEREAS, the legal description of the Project Area is set forth in Exhibit "A" of the Amendment described and incorporated in this Ordinance by reference below; and

          WHEREAS, the Redevelopment Plan, as amended, contains time limits for conducting certain redevelopment functions meeting the requirements of the Community Redevelopment Law (the "CRL") for such time limits in effect as of the date of adoption and amendment of the Redevelopment Plan; and

          WHEREAS, Senate Bill No. 1096 added Health and Safety Code Section 33333.6(e)(2)(D) to the CRL, which allows the City Council to amend the Redevelopment Plan to extend the time limits on the effectiveness of the Redevelopment Plan and Agency receipt of tax increment by two years; and

          WHEREAS, the Redevelopment Agency of the City of Sunnyvale (the "Agency") has prepared an amendment to the Redevelopment Plan to amend its time limits as permitted by Health and Safety Code Section 33333.6(e)(2)(D) (the "Amendment"), a copy which is attached hereto as Exhibit "B" and on file with the City Clerk; and

          WHEREAS, the City Council desires to amend the Redevelopment Plan in accordance with the terms of the Amendment as authorized pursuant to Health and Safety Code Section 33333.6(e)(2)(D); and

          WHEREAS, the Agency has prepared and submitted and the City Council has reviewed and considered the staff report on the Amendment; and

          WHEREAS, the Agency staff has prepared and submitted to City Council for review and approval a CEQA Notice of Exemption for the Amendment; and

          WHEREAS, Health and Safety Code Section 33333.6(e)(2)(D) states:

In adopting this ordinance, neither the legislative body nor the agency is required to comply with Section 33354.6 or Article 12 (commencing with Section 33450) or any other provision of this part relating to the amendment of redevelopment plans.

          NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:

          SECTION 1.    FINDINGS.

(a)      The City Council hereby finds and declares that the above recitals are true and correct.

(b)      The Agency is in compliance with the requirements of Health and Safety Code Section 33334.6, as applicable.

(c)      The Agency has adopted an implementation plan in accordance with the requirements of Health and Safety Code Section 33490.

(d)      The Agency is in compliance with subdivisions (a) and (b) of Section 33413, to the extent applicable.

(e)      The Agency is not subject to sanctions pursuant to subdivision (e) of Section 33334.12 for failure to expend, encumber or disburse an excess surplus from its Housing Fund.

(f)      The funds used by the Agency to make the payments to the Educational Revenue Augmentation Fund pursuant to Section 33681.12 would otherwise have been used to pay the costs of projects and activities necessary to carry out the goals and objectives of the Redevelopment Plan.

          SECTION 2.    AMENDMENT INCORPORATED.  The Amendment is hereby incorporated in this Ordinance by reference and made a part of this Ordinance as if set out in full in the Ordinance.

          SECTION 3.    AMENDMENT ADOPTED.  It is hereby found and determined that the Amendment is necessary and desirable.  The Redevelopment Plan, as adopted by Ordinance No. 1796-75 on November 26, 1975, as amended by Ordinance No. 2200-87, adopted on January 6, 1987, as amended by Ordinance No. 2448-93, dated on October 5, 1993, as amended by Ordinance No. 2493-94, adopted on December 20, 1994, as amended by Ordinance No. 2742-04, adopted on January 13, 2004, and as further amended by Ordinance No. 2777-05, adopted on March 22, 2005, is further amended in accordance with the Amendment.

          SECTION 4.    AMENDMENT APPROVED.  The Amendment is hereby adopted, approved, and designated as part of the official Redevelopment Plan.  It is the purpose and intent of the City Council that the Amendment be implemented as part of the Redevelopment Plan.  The Executive Director of the Agency may prepare a document that incorporates the provisions of the Amendment into the existing text of the Redevelopment Plan, and such document shall then constitute the official Redevelopment Plan.

          SECTION 5.    ORDINANCES AMENDED.  To the extent set forth in the Amendment, this Ordinance amends Ordinance No. 1796-75, adopted on November 26, 1975, Ordinance No. 2200-87, adopted on January 6, 1987, Ordinance No. 2448-93, dated on October 5, 1993, Ordinance No. 2493-94, adopted on December 20, 1994, Ordinance No. 2742-04, adopted on January 13, 2004, and Ordinance No. 2777-05, adopted on March 22, 2005.

          SECTION 6.    CONSTRUED.  In accordance with Health and Safety Code Section 33333.6(g), the Amendment shall not be construed to affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council or the Agency prior to January 1, 1994.  Nor shall the Amendment be construed to affect the right of the Agency to receive property taxes pursuant to Health and Safety Code Section 33670, to pay the indebtedness or other obligation described in this Section 6.

          SECTION 7.    NOTICE OF CEQA EXEMPTION APPROVED.  The City Council hereby approves the CEQA Notice of Exemption for the Amendment and directs the City Clerk to file the Notice of Exemption with the County Clerk of the County of Santa Clara.

          SECTION 8.    FILING.  The City Clerk is hereby directed to file a copy of the Amendment with the minutes of this meeting.  A copy of this Ordinance and the Amendment shall be transmitted to the Agency and the Agency is vested with the responsibility of implementing the Amendment.

          SECTION 9.    RECORDATION.  The City Manager is hereby directed to record the Ordinance and the Amendment in compliance with the provisions of Government Code Section 27295.

          SECTION 10.    SEVERABILITY.  If any provision, section, subsection, subdivision, sentence, clause or phrase of this Ordinance or the Amendment is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion or portions of the Ordinance or the Amendment.

          SECTION 11.    EFFECTIVE DATE.  This Ordinance shall take effect and be in full force from and after thirty (30) days from the date of its final passage.

          SECTION 12.    PUBLICATION.  The City Clerk is directed to publish this Ordinance in the newspaper of general circulation for the City within fifteen (15) days of adoption of this Ordinance.

Introduced at a regular meeting of the City of Council held on September 20, 2005, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on _____________, 2005, by the following vote:

(SEAL)

APPROVED AS TO FORM AND LEGALITY:

______________________________________

David E. Kahn, City Attorney