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Home My WebLink AboutORD-12-04 Amend Redevelopment to Extend Time LimitationsORDINANCE NO. 12- 04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING THE AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE ORANGE MERGED AND AMENDED REDEVELOPMENT PROJECT AREA TO EXTEND CERTAIN TIME LIMITATIONS.WHEREAS, the Redevelopment Agency of the City of Orange (the Agency) is a public body, corporate and politic, formed, organized, existing and exercising its powers pursuant to the California Community Redevelopment Law, Health and Safety Code, Section 33000, et seq. ( the CRL); and WHEREAS, the City Council of the City of Orange (the City) established the original Tustin Street Redevelopment Project Area (the Tustin Street Original Redevelopment Project Area) and approved a redevelopment plan therefor on December 6, 1983 by the adoption of Ordinance No. 49-83. The redevelopment plan for the Tustin Street Original Project Area was subsequently amended by the City (i) on June 21, 1988 by the adoption of Ordinance No. 20-88 to add territory to the Tustin Street Original Project Area (the Tustin Street Amendment No. 1 Redevelopment Project Area); and (ii) on November 22, 1994 by the adoption of Ordinance 20-94 to establish certain time and financial limits; and WHEREAS, the City established the original Southwest Redevelopment Project Area the Southwest Original Redevelopment Project Area) and approved a redevelopment plan therefor on November 20, 1984 by the adoption of Ordinance No. 37-84. The redevelopment plan for the Southwest Original Project Area was subsequently amended by the City (i) on July 15, 1986 by the adoption of Ordinance No. 20-86 to add territory to the Southwest Original Project Area (the Southwest Amendment No. 1 Redevelopment Project Area); (ii) on July 5,1988 by the adoption of Ordinance 24-88 to add territory to the Southwest Original Project Area the Southwest Amendment No.2 Redevelopment Project Area); (iii) on July 9, 1996 by the adoption of Ordinance No. 17-96 to add territory to the Southwest Original Project Area (the Southwest Amendment No.3 Redevelopment Project Area); and (iv) on November 22, 1994 by the adoption of Ordinance No. 22-94 to establish certain time and financial limits; and WHEREAS, the City established the Northwest Redevelopment Project Area and approved a redevelopment plan therefor on June 28, 1988 by the adoption of Ordinance No. 21-88. The redevelopment plan for the Northwest Redevelopment Project Area was subsequently amended by the City on November 22, 1994 by the adoption of Ordinance No. 23- 94 to establish certain time and financial limits; and WHEREAS, the Tustin Street Original Redevelopment Project Area, the Tustin Street Amendment No. 1 Redevelopment Project Area, the Southwest Original Area, the Southwest Amendment No. 1 Redevelopment Project Area, the Southwest Amendment No. 2 Redevelopment Project Area, the Southwest Amendment No. 3 Redevelopment Project Area and the Northwest Redevelopment Project Area are collectively referred to herein as the Redevelopment Project Areas; and WHEREAS, by the adoption of Ordinance No. 21-01 on November 13, 2001, the City Council of the City of Orange (the City) adopted the Orange Amended and Restated Redevelopment Plan (the Redevelopment Plan) which merged the Redevelopment Project Areas to form the Orange Merged and Amended Redevelopment Project (the Merged Project Area); and WHEREAS, subdivision (a) of Section 33333.6 of the CRL requires that redevelopment plans adopted on or before December 31, 1993 terminate at a date that shall not exceed 40 years from the adoption of the redevelopment plan or January 1, 2009, whichever is later, and subdivision (b) of Section 33333.6 of the CRL requires that redevelopment plans adopted on or before December 31, 1993 limit the receipt of tax increment to a period of ten years after the termination of effectiveness of the redevelopment plan; and WHEREAS, paragraph (2) of subdivision (a) of Section 33333.2 of the CRL requires that redevelopment plans adopted on or after January 1, 1994 terminate at a date that shall not exceed 30 years from the adoption of the redevelopment plan, and paragraph (3) of subdivision a) of Section 33333.2 of the CRL requires that plans adopted on or after January 1, 1994 limit the receipt of tax increment to a period of 45 years after the adoption of the redevelopment plan; and WHEREAS, by the enactment of Chapter 260 of the Statutes of 2003 ("Senate Bill 1045"), the State Legislature requires each redevelopment agency to allocate to its respective county auditor in the 2003-04 fiscal year an amount of revenue for deposit in the county's Educational Revenue Augmentation Fund based on a statewide aggregate allocation of 135,000, 000; and WHEREAS, the Agency is required to remit, and the Agency has heretofore remitted, to the County Auditor of the County of Orange the sum of $720,190 for deposit into the Orange County Educational Revenue Augmentation Fund to meet the Agency's requirements under Senate Bill 1045 and, more specifically, Section 33681.9 of the CRL; and WHEREAS, Senate Bill 1045 additionally amended the CRL to allow the legislative body to amend its redevelopment plans to extend the time limits required pursuant to subdivisions (a) and (b) of Section 33333.6 and paragraphs (2) and (3) of subdivision ( a) of Section 33333.2 of the CRL by one year by the adoption of an ordinance without complying with Section 33354.6 or Article 12 or any other provision of this part relating to the amendment of redevelopment plans; and WHEREAS, it is the desire of the City Council of the City of Orange to maximize all applicable requirements of Section 33333.6 and Section 33333.2 ofthe CRL to avail itself of the time limit extensions authorized by Senate Bill 1045; and WHEREAS, the City Council now desires to extend certain time limits related to the Redevelopment Plan for the Merged Project Area. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS: SECTION I: Section 1001 of the Redevelopment Plan for the Merged Project Area is hereby amended to read in full as follows. A. (1001) Effectiveness of the Plan Except for the non-discrimination and non-segregation provisions which shall run in perpetuity, and the affordable housing covenants imposed by the Agency, which shall continue in effect for a period as may be determined and specified by the Agency, and except as provided in this Section 1001, or as otherwise permitted by law, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan shall be effective for the time periods indicated below; provided however, that subject to the limitations and exceptions set forth in Sections 1002 and 1003 of this Plan, the Agency may issue bonds and incur obligations pursuant to this Plan which extend beyond the termination dates below, and in such event, this Plan shall continue in effect for the purpose of repaying such bonds or other obligations until the dates of retirement of such bonds or other obligations. The provisions of this Plan shall be effective:1. Tustin Street Original Redevelopment Project Area: December 6,2024.2. Tustin Street Amendment No. 1 Redevelopment Project Area:June 21, 2029.3. Southwest Original Redevelopment Project Area: November 20,2025.4. Southwest Amendment No. I Redevelopment Project Area: July 15, 2027.3 5. Southwest Amendment No.2 Redevelopment Project Area: July 5,2029. 6. Southwest Amendment No. 3 Redevelopment Project Area: July 9,2027. 7. Northwest Redevelopment Project Area: June 28, 2029. After the time limit on the effectiveness of the Plan has expired, the Agency shall have no authority to act pursuant to the Plan except to pay previously incurred indebtedness and to enforce existing covenants or contracts. However, if the Agency has not completed its housing obligations pursuant to Section 33413 of the Redevelopment Law, the Agency shall retain its authority to implement requirements under Section 33413, including the ability to incur and pay indebtedness for this purpose, and shall use this authority to complete these housing obligations as soon as is reasonably possible. SECTION II: Section 1003 of the Redevelopment Plan for the Merged Project Area is hereby amended to read in full as follows: C. (1003) Limitation on Receipt of Tax Increment and Payment of Indebtedness Except as provided in this Section 1003, or as otherwise permitted by law, the Agency may not receive, and shall not repay indebtedness with, the proceeds from property taxes received pursuant to Section 33670 of the Redevelopment Law and Section 702 of this Plan beyond the following dates for the areas indicated, except to repay debt to be paid from the Housing Fund established pursuant to Section 33334.3 of the Redevelopment Law and Section 537 of this Plan, or debt established in order to fulfill the Agency's obligations under Section 33413 of the Redevelopment Law and Section 533 and 534 of this Plan: 1. Tustin Street Original Redevelopment Project Area: December 5, 2034. 2. Tustin Street Amendment No. 1 Redevelopment Project Area: June 21, 2039. 3. Southwest Original Redevelopment Project Area: November 20, 2035. 4 4. Southwest Amendment No. 1 Redevelopment Project Area: July 15,2037. 5. Southwest Amendment No.2 Redevelopment Project Area: July 5,2039. 6. Southwest Amendment No.3 Redevelopment Project Area: July 9,2042. 7. Northwest Redevelopment Project Area: June 28, 2039. These limitations shall not affect the validity of any bond, indebtedness, or other obligations, including any mitigation agreement entered into pursuant to Section 33401 of the Redevelopment Law, authorized by the City Councilor the Agency pursuant to the Redevelopment Law, prior to January 1, 1994, or the ri gllt of the Agency to receive taxes pursuant to Section 33670 of the Redevclopment Law to pay the bonds, indebtedness or other obligation. SECTION III: In the event of any conflict between the prOVISIOns of this Ordinance and the Redevelopment Plan for the Merged Project Area, the former shall control and govern. SECTION IV: The Redevelopment Plan for the Merged Project Area is and shall remain in full force and effect, unmodified except to the extent of those particular amendments expressly set forth in this Ordinance. SECTION V: Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION VI: A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance 5 shall also be published once within fifteen (15) days after this Ordinance's passage in a newspaper of general circulation, published, and circulated in the City of Orange. The CityClerkshallpostintheOfficeoftheCityClerkacertifiedcopyofthefulltextofsuchadoptedOrdinancealongwiththenamesofthoseCityCouncilmembersvotingforandagainsttheOrdinanceinaccordancewithGovernmentCodeSection36933. This Ordinance shall takeeffectthirty (30) days from and after the date of its final passage. ADOPTED this 22nd day of June, 2004 JzIA, ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certifYthattheforegoingOrdinancewasintroducedattheregularmeetingoftheCityCouncilheldonthe8thdayofJune2004, and thereafter at a regular meeting of said City Council duly held onthe22nddayofJune, 2004, was duly passed and adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: Coontz COUNCILMEMBERS: None Mary E. Murp , 'ty Clerk, City 6