HomeMy WebLinkAboutORD-23-94 Amend Northwest Redevelopment ProjectORDINANCE NO. 23-
94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ORANGE AMENDING THE REDEVELOPMENT PLAN FOR
THE NORTHWEST 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. 22-88 adopted on June 28, 1988,
the City Council of the City of Orange adopted the Redevelopment Plan for
the Northwest Redevelopment Project (the "Plan" and the "Redevelopment Project",
respectively); and WHEREAS, Assembly BiU 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 Law"; unless otherwise expressly set forth or unless the
context otherwise requires, aU 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)
ofSection 33333.4 shaU 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
fulfiU the agency's housing obligations under Section 33413. This limit, however, shaU
not prevent agencies from incurring debt to be paid from the Low and Moderate Income Housing
Fund or establishing more debt in order to fulfiU the agency's housing obligations under Section
334 I3.This limit shaU 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
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 I, 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 (e) (I) provides that unless a redevelopment plan adopted
prior to January 1, I 994, 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
WHEREAS, Section 33333.6 (I) (I) provides that if a redevelopment plan adopted prior
to January I, 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 (I) (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
PUBL:18712_1 1391 IB2359.0 2
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 t::> 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 (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 I, 1994; and
WHEREAS, the Plan as previously adopted by the Agency currently contains 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 Plan, 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. Except to the extent a longer period of time may be allowed pursuant to
Section 33333.6 or other provisions of the Community Redevelopment Law, the time limitation
to incur indebtedness under the Redevelopment Plan is amended to June 28, 2008 (twenty years
from the date of adoption); 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.
PUBL:18712_11391 \82359.0 3
Section 2. The time limitation to receive property taxes to pay indebtedness or to receive
property taxes pursuant to Section 33670 under the Plan is June 28, 2038 (ten years from the
date of termination of the Plan, June 28, 2028), except to the extent a longer period of time may
be allowed pursuant to Section 33333.6 or other provisions of the Community Redevelopment
Law.
Section 3. Except to the extent a longer period of time may be allowed pursuant to
Section 33333.6 or other provisions of the Community Redevelopment Law, the time limitation
as to the effectiveness of the Redevelopment Plan shall be June 28,2028. .
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 Plan as adopted by
this ordinance are in compliance with the time limitations set forth in 33333.6.
Section 6. The Plan 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 certity 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 8. This Ordinance shall be in full force and effect thirty (30) days after passage.
ADOPTED this 22ndh day of November 1994.
d~~
Mayor of the City of Orange
Pro Tem
ATTEST:
JUA4/~ci~~City Clerk the 0 range
Ord No. 23-94
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 ...8.-th day of N()\Tpmhpr , 1994, and thereafter at the regular meeting of said
City Council duly held on the 22ndh 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
1~fr ~~City Clerk of. e Cit(<s'f. ange
5-Ord No. 23-