HomeMy WebLinkAboutORD-22-94 Amend Southwest Redevelopment ProjectORDINANCE NO. 22-
94 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING THE REDEVELOPMENT
PLAN FOR THE SOUTHWEST 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 I of Division 24 of the Health and Safety Code of the State of California);
and WHEREAS, by enacting Ordinance No. 37-84 adopted on November 20, 1984,
the City Council of the City of Orange adopted the Redevelopment Plan for
the Southwest 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. 20-86 adopted on July 15,
1986, 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, by enacting Ordinance No. 24-88 adopted on July 5,
1988, the City Council of the City of Orange adopted Amendment NO.2 to the
Redevelopment Plan ("Amendment No.2"), which Amendment NO.2 provided for the addition of certain territory ("
Added Area No.2")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 I, 1994, amended Section 33333.6
of the California Community Redevelopment Law, Health and Safety Code Section 33000
et seq., (the "Community Redevelopment Law"; 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
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 been
paid."; and
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 1 0 years from the termination of the effectiveness of the redevelopment plan
pursuant to subdivision (b); and
WHEREAS, Section 33333.6 (d) (1) 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 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) 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
PUBL:18718~11391IB2359.0 2
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, 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 purs'lant 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 I, 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 (f) or in subdivision (h); and
WHEREAS, Section 33333.6 U) 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 1, 1994; and
PUBL:18718_1 1391 IB2359.0 3
WHEREAS, the Redevelopment Plan, Amendment No. I, and Amendment NO.2 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, Amendment No. 1 and Amendment No.2, as more
particularly provided below, to comply with the time limitations pursuant to Section 33333.6.
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 November 20, 2004 (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
November 20, 2034 (ten years from the date of termination of the Redevelopment Plan as to the
Original Area, November 20, 2024).
c) the time limitation as to the effectiveness of the Redevelopment Plan as to the Original
Area shall be November 20, 2024.
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 July 15, 2006 (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 July 15,
2036 (ten years from the date of termination of Amendment No. I, July 15, 2026).
PUBL:l8718_1 1391 IB2359.0 4
c) the time limitation as to the effectiveness of Amendment No. I shall be July 15, 2026.
Section 3. As to Added Area No.2, 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 Amendment No.2 as to Added Area
No.2 is amended to July 5, 2008 (twenty years from the date of adoption of Amendment No.2);
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 indebtedne5s is to be repaid d'les 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.2 is July 5, 2038 (ten years from the date
of termination of Amendment No.2, July 5, 2028).
c) the time limitation as to the effectiveness of Amendment No.2 shall be July 5, 2028.
Section 4. 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.
Section 5. The City Council finds and determines amendments to the Redevelopment
Plan, Amendment No. I, and Amendment No.2 as adopted by this ordinance are in compliance
with the time limitations set forth in 33333.6.
Section 6. The Redevelopment Plan, as amended by Amendment No. I and
Amendment No. 2 shall remain in full force and effect, unmodified except to the extent of those
particular amendments expressly set forth in this Ordinance.
Section 7. 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.
PUBd8718_1 1391 IB2359,Q 5
T
I
Section 8. This Ordinance shall be in full force and effect thirty (30) days
Adopted this 22nth day of November, 1994.
az-~
ro Tern
ATTEST:
R~p~
City Clerk the C' of ()7ange
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARILYN 1. 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 ~ th day of N()vpmhpr , 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:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: SPURGEON, BARRERA, COONTZ, MURPHY
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: MAYOR BEYER
COUNCIL MEMBERS: NONE
7~W~
City Clerk the Cit f ~nge
Ord No. 22-94
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