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HomeMy WebLinkAboutORD-20-94 Amend Tustin Street Redevelopment ProjectORDINANCE NO. 20- 94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING THE REDEVELOPMENT PLAN FOR THE TUSTIN STREET REDEVELOPMENT PROJECT IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33333. 6 WHEREAS, the Orange Redevelopment Agency (the "Agency") is a public body,corporate and politic, organized and existing under the Redevelopment Law of the State of California (part .1 of Division 24 of the Health and Safety Code of the State of California); and WHEREAS, by enacting Ordinance No. 49-83 adopted on December 6, 1983, the City Council of the City of Orange adopted the Redevelopment Plan for the Tustin Street Redevelopment Project (the "Redevelopment Plan" and the " Redevelopment Project",respectively) for the redevelopment project area as therein defined (the "Original Area"); and WHEREAS, by enacting Ordinance No. 20-88 adopted on June 21, 1988, the City Council of the City of Orange adopted Amendment No. I to the Redevelopment Plan Amendment No. I which Amendment No. I provided for the addition of certain territory Added Area No. I to the Project Area of the Redevelopment Project; and WHEREAS, Assembly Bill 1290, which was enacted by the State of California and became effective on January 1,1994, amended Section 33333.6 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq., (the "Community Redevelopment Use"; unless otherwise expressly set forth or unless the context otherwise requires, all references to "Section" are Section(s) of the Community Redevelopment Law) and required, in part, that redevelopment agencies impose new time limitations upon redevelopment plans adopted prior to December 31,1993, and further required that legislative bodies of redevelopment agencies to enact ordinances amending redevelopment plans adopted prior to January I, 1994 to comply therewith; and WHEREAS, Section 33333.6 (a) (I) of the Community Redevelopment Law provides:The time limit on the establishing ofloans, advances, and indebtedness adopted pursuant to paragraph (2) of subdivision (a) of Section 33333.2 or paragraph (2) of subdivision ( a) of Section 33333.4 shall not exceed 20 years from the adoption of the redevelopment plan or January I,2004, whichever is later, but does not prevent agencies 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. This limit, however, shall not prevent agencies 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. This limit shall not prevent agencies from refinancing, refunding, or restructuring indebtedness after the time limit if the indebtedness in not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have WHEREAS, Section 33333.6 (a) (2) provides: "The time limitation may be extended, only by amendment of the redevelopment plan, after the agency finds, based on substantial evidence that: (A) significant blight remains within the project area; and (B) this blight cannot be eliminated without the establishment of additional debt. However, this amended time limitation may not exceed 10 years from the time limit established pursuant to this subdivision or the time limit on the effectiveness of the plan established pursuant to subdivision (b), whichever is earlier. "; and WHEREAS, Section 33333.6 (b) provides: "The effectiveness of every redevelopment plan subject to the provisions of Section 33333.6 shall terminate at a date which shall not exceed 40 years from the adoption of the redevelopment plan or January 1, 2009, whichever is later. 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 WHEREAS, Section 33333.6 (c) provides that except as provided in subdivisions (g) and h), a redevelopment agency shall not pay indebtedness or receive property taxes pursuant to Section 33670 after I 0 years from the termination of the effectiveness of the redevelopment plan pursuant to subdivision (b); and WHEREAS, Section 33333.6 (d) (I) provides: "If plans which had different dates of adoption were merged on or before December 31, 1993, the time limitations required by this section shall be counted individually for each merged plan from the date of the adoption of each plan. If an amendment to a redevelopment plan added territory to the project area on or before December 31, 1993, the time limitations required by this section shall commence, with respect to the redevelopment plan, from the date of the adoption of the redevelopment plan, and, with respect to the added territory, from the date of the adoption of the amendment."; WHEREAS, Section 33333.6 (e) (I) provides that unless a redevelopment plan adopted prior to January I, 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 I, 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) provides that the limitations established in the ordinance adopted pursuant to this section shall apply to the redevelopment plan as if the redevelopment plan had been amended to include those limitations. However, in adopting the ordinance required by this section, neither the legislative body nor the agency is required to comply with Article 12 (commencing with Section 33450) or any other provision of this part relating to the amendment of redevelopment plans; and WHEREAS, Section 33333.6 (I) (I) 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 pU8L'18717_21 941 82359,0 2 October 19, 1994 WHEREAS, Section 33333.6 (t) (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, Section 33333.6 (g) provides: "The limitations established in the ordinance adopted pursuant to this section shall not be applied to limit allocation of taxes to an agency to the extent required to eliminate project deficits created under subdivision (e) of Section 33320.5, subdivision (g) of Section 33334.6, or subdivision (d) of Section 33487, in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to implement a replacement housing program pursuant to Section 33413. In the event of a conflict between these limitations and the obligations under Section 33334.6 or to implement a replacement housing program pursuant to Section 33413, the legislative body shall amend the ordinance adopted pursuant to this section to modify the limitations to the extent necessary to permit compliance with the plan adopted pursuant to subdivision (g) of Section 33334.6 and to allow full expenditure of moneys in the agency's Low and Moderate Income Housing Fund in accordance with Section 33334.3 or to permit implementation of the replacement housing program pursuant to Section 33413. The procedure for amending the ordinance pursuant to this subdivision shall be the same as for adopting the ordinance under subdivision (e)."; and WHEREAS, Section 33333.6 (h) provides: "This section 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 legislative body, or the agency pursuant to this part, prior to January 1, 1994. Nor shall this section be construed to affect the right of an agency to receive property taxes, pursuant to Section 33670, to pay the indebtedness or other obligation."; and WHEREAS, Section 33333.6 (i) provides that a redevelopment agency shall not pay indebtedness or receive property taxes pursuant to Section 33670, with respect to a redevelopment plan adopted prior to January 1, 1994, after the date identified in subdivision (c) or the date identified in the redevelopment plan, whichever is earlier, except as provided in paragraph (2) of subdivision (t) or in subdivision (h); and WHEREAS, Section 33333.6 G) provides that the Legislature finds and declares that the amendments made to this section by the act that adds this subdivision are intended to add limitations to the law on and after January I, 1994, and are not intended to change or express legislative intent with respect to the law prior to that date, and further that it is not the intent of the Legislature to affect the merits of any litigation regarding the ability of a redevelopment agency to sell bonds for a term that exceeds the limit of a redevelopment plan pursuant to law that existed prior to January I, 1994; and WHEREAS, the Redevelopment Plan and Amendment No.1, as previously adopted by the Agency, currently contain certain time limitations which may not accord with those time limitations required by Section 33333.6; and WHEREAS, the City of Orange (the "City") is adopting this ordinance to amend certain time limitations of the Redevelopment Plan and Amendment No.1, as more particularly provided below, to comply with the time limitations pursuant to Section 33333.6. PVBU8?1? _21941 B2359,O 3 October 19, t 994 NOW THEREFORE, the City of Orange does ordain as follows: Section 1. As to the Original Area, except to the extent a longer period of time may now or hereafter be allowed pursuant to Section 33333.6 or other provisions of the Community Redevelopment Law: a) the time limitation to incur indebtedness under the Redevelopment Plan as to the Original Area is amended to December 6, 2003 (twenty years from the date of adoption of the Redevelopment Plan for the Original Area); provided that this limit shall not prevent agencies 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 this limit shall not prevent agencies 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. b) the time limitation to receive property taxes to pay indebtedness or to receive property taxes pursuant to Section 33670 under the Redevelopment Plan as to the Original Area is December 6, 2033 (ten years from the date of termination of the Redevelopment Plan as to the Original Area, December 6, 2023). c) the time limitation as to the effectiveness of the Redevelopment Plan as to the Original Area shall be December 6, 2023. Section 2. As to Added Area No.1, except to the extent a longer period of time may now or hereafter be allowed pursuant to Section 33333.6 or other provisions of the Community Redevelopment Law: a) the time limitation to incur indebtedness under the Redevelopment Plan as to Added Area No. I is amended to June 21,2008 (twenty years from the date of adoption of Amendment No.1); provided that this limit shall not prevent agencies 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 this limit shall not prevent agencies 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. b) the time limitation to receive property taxes to pay indebtedness or to receive property taxes pursuant to Section 33670 under Amendment No.1 as to Added Area No. I is June 21, 2038 (ten years from the date of termination of Amendment No. I, June 21, 2028). c) the time limitation as to the effectiveness of Amendment No.1 shall be June 21, 2028. Section 3. No action with respect to the time limitation set forth in Section 33333.6 a) (2) is being taken at this time but the right to consider extension of the time limitation is being reserved. pU8L,18717_21 941 82359,0 4 October 19, 1994 Section 4. The City Council finds and determines amendments to the Redevelopment Plan and Amendment No. I as adopted by this ordinance are in compliance with the time limitations set forth in 33333.6. Section S. The Redevelopment Plan, as amended by Amendment No. I, shall remain in full force and effect, unmodified except to the extent of those particular amendments expressly set forth in this Ordinance. Section 6. 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 Orange. Section 7. A summary of this Ordinance silall 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 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 City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the date of its fmal passage. Adopted this 22nd day of Novprnhpr ,1994. ATTEST: w~Mayor of e City of Orange Pro Tern 4~~ci/l:~/4V/ City Clerk r the range STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF ORANGE ) I, MARILYN J. JENSEN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 8thdayof November ,1994, and thereafter at the regular meeting of said City Council duly held on the 22nd day of November, 1994, was duly passed and adopted by the following vote, to wit: 5 A YES: COUNCIL MEMBERS: SPURGEON, BARRERA, COONTZ, MURPHY NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: MAYOR BEYER ABSTAIN: COUNCIL MEMBERS: NONE 0?A'~M~~~~~'~ City Clerk 0 e Ci of ange PUEL: 1 8117-21941 B2359,05 6 Ord,No.