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HomeMy WebLinkAbout19 ORD 1348 & 1349- 2ND READING 02-05-08~ ` AGENDA REPORT MEETING DATE: FEBRUARY 5, 2008 TO: WILLIAM HUSTON, CITY MANAGER FROM: OFFICE OF THE CITY CLERK SUBJECT: ADOPT ORDINANCE 1348 AND 1349 -REGARDING TIME LIMIT EXTENSIONS FOR THE TOWN CENTER AND SOUTH CENTRAL REDEVELOPMENT PLANS SUMMARY: Time limit extensions of the Redevelopment Plans are needed for effectiveness of each Plan and the ability to collect tax increment for the Town Center and the South Central Redevelopment Project Areas. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1348 and 1349 (roll call vote) or action as necessary. FISCAL IMPACT: None. BACKGROUND: On January 15, 2008, the City Council had first reading by title only and introduction of the following Ordinances: ORDINANCE NO. 1348 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE REDEVELOPMENT PLAN FOR THE TOWN CENTER REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE TOWN CENTER REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH ORDINANCE NO. 1349 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE REDEVELOPMENT PLAN FOR THE SOUTH CENTRAL REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE SOUTH CENTRAL REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH Maria R. Huizar, Chief Deputy City Clerk ORDINANCE NO. 1348 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE REDEVELOPMENT PLAN FOR THE TOWN CENTER REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE TOWN CENTER REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH WHEREAS, the Tustin Community Redevelopment Agency ("Agency") is a community redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the California Community Redevelopment Law (Part 1 of Division 24, commencing with Section 33000, of the Health and Safety Code of the State of California) ("CRL"); and WHEREAS, the Agency is engaged in activities necessary and appropriate to carry out the Redevelopment Plan ("Redevelopment Plan") for the Town Center Redevelopment Project ("Project Area") which was adopted by the Agency's legislative body, the City Council of the City of Tustin ("City Council"), by Ordinance No. 701 on November 22, 1976, and thereafter amended by Ordinance No. 855 on September 8, 1981 (Amendment No. 1), and thereafter by Ordinance No. 1021 on March 20, 1989; and thereafter by Ordinance No. 1141 on November 21, 1994 per legislative requirements of AB 1290; and thereafter by Ordinance No. 1291 on February 22, 2005; and thereafter by Ordinance No. 1306 on October 17, 2005; and WHEREAS, pursuant to CRL Section 33333.6, a time limit on the effectiveness of the Redevelopment Plan and a time limit on the period for payment of indebtedness and receipt of property taxes under the Redevelopment Plan have been established; and WHEREAS, by and through Senate Bill 1096, CRL Section 33333.6(e)(2}(D) was amended to provide when an redevelopment agency is required to make a payment to the Educational Revenue Augmentation Fund ("ERAF") pursuant to CRL Section 33681.12, the City Council, as the legislative body of the Agency, may enact an ordinance to extend by one (1 } year the time limit on the effectiveness of the Redevelopment Plan and the time limit for payment of indebtedness and receipt of property taxes under the Redevelopment Plan, each and respectively; and WHEREAS, CRL Section 33333.6(e)(2}(C) further provides that such ordinance may be adopted without compliance with the normal procedures for redevelopment plan amendments; and WHEREAS, pursuant to CRL Section 33333.6(e)(2)(D)(ii), the Agency is in compliance with CRL Sections 33334.2 and 33334.6, as applicable, in setting aside not less than twenty percent (20%} of tax increment revenue for the purposes of increasing, improving and preserving the community's supply of low- and moderate-income housing; and WHEREAS, pursuant to CRL Section 33333.6(e)(2)(D)(ii) and in accordance with the requirements of CRL Section 33490, the Agency has held a public hearing and adopted a Project Area Implementa#ion Plan every five years that contains the specific goals and objectives for the Project Area; and WHEREAS, pursuant to CRL Section 33333.6(e)(2)(D)(ii }, the Agency is in compliance with CRL Section 33413 (a) and (b) to the extent applicable; and WHEREAS, pursuant to CRL Section 33333.6(e)(2)(D)(ii }, the.Agency is not subject to sanctions pursuant to CRL Section 33334.12(e) for failure to expend, encumber or disburse an excess surplus of the low and moderate income housing set- aside fund; and WHEREAS, the City Council finds the Project Area's funds used by the Agency to make the $266,909 payment in FY 2005-2006 to the county's Educational Revenue Augmentation Fund 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; and WHEREAS, the enactment of this Ordinance is exempt from the California Environmental Quality. Act (Public Resources Code Section 21000 et seq.) ("CEQA") pursuant to CEQA Guidelines Section 15378(b)(4) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment; and WHEREAS, the City Council has noticed the governing bodies of each affected taxing entity at least 30 days prior to the January 15, 2008, Public Hearing and published in a newspaper of general circulation in the community at least once, not less than 10 days prior to the date of the Hearing; and WHEREAS, the City Council desires to adopt this ordinance to amend and extend certain time limitations of the Redevelopment Plan, as more particularly set forth below, in accordance with Section 33333.6, as amended by SB 1096. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The current time limit on the effectiveness of the Town Center Redevelopment Plan is hereby extended by one (1 }year from the existing time limit of November 22, 2018 to November 22, 2019, and the Tustin Community Redevelopment Agency is hereby authorized to act with respect to the Redevelopment Plan at any #ime during which the Redevelopment Plan is effective. Section 2. The current time limit on paying indebtedness or receiving property taxes pursuant to the Town Center Redevelopment Plan and CRL is hereby extended by one (1) year from the existing time limit of November 22, 2028 to November 22, 2029, and the Tustin Community Redevelopment Agency is hereby authorized to act with respect thereto during such extended period. Section 3. Except with respect to the amendments set forth herein, the Redevelopment Plan, as amended, is and shall remain unchanged and in full force and effect in accordance with its terms. Section 4. The City Clerk is hereby authorized to file a Notice of Exemption with the County of Orange pursuant to CEQA Guidelines Section 15094. Section 5. This Ordinance shall go into .effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published as set forth below. Section 6. At least five (5} days prior to its final adoption, copies of this Ordinance shall be posted in at least three (3) prominent and public locations in the City; and a notice shall be published once in the Tustin News, a newspaper of general circulation in the City of Tustin, setting forth the title of this Ordinance, the date of its introduction and the places where this Ordinance is posted in accordance with Government Code Section 36933. Within fifteen (15) days following final adoption, a summary of the Ordinance with the names of the council members and votes shall be published in a newspaper of general circulation. PASSED AND ADOPTED at a regular meeting of the City Council for the City of Tustin on this day of , 2008. Jerry Amante Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1348 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1348 was duly and regularly introduced and read at a regular meeting of the Tustin City Council, held on the day of , 2008 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of 2008 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk S:1RDA\Ordinancesl0rdinance 1348 SB1096 TownCenter Time Extension08.doc ORDINANCE NO. 1349 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE REDEVELOPMENT PLAN FOR THE SOUTH CENTRAL REDEVELOPMENT PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE SOUTH CENTRAL REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH WHEREAS, the Tustin Community Redevelopment Agency ("Agency") is a community redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the California Community Redevelopment Law (Part 1 of Division 24, commencing with Section 33000, of the Health and Safety Code of the State of California} ("CRL"); and WHEREAS, the Agency is engaged in activities necessary and appropriate to carry out the Redevelopment Plan ("Redevelopment Plan") for the South Central Redevelopment Project ("Project Area") which was adopted by the Agency's legislative body, the City Council of the City of Tustin ("City Council"), by Ordinance No. 890 on August 1, 1983, (the "Original Project Area"}, and thereafter amended by Ordinance No. 939 on August 5, 1985 (Amendment No. 1 } including adding new area to the Project Area (the "added Area"}, and thereafter by Ordinance No. 1142 on November 21, 1994 per legislative requirements of AB 1290; and thereafter by Ordinance No. 1223 on November 1, 1999 re-establishing the Agency's eminent domain authority in the Project Area for atwelve-year period; and thereafter by Ordinance No. 1290 on February 22, 2005; and thereafter by Ordinance No. 1307 on October 17, 2005; and thereafter by Ordinance No. 1333 on April 3, 2007 describing the Agency's program to acquire real property by eminent domain pursuant to SB 53; and WHEREAS, pursuant to CRL Section 33333.6, a time limit on the effectiveness of the Redevelopment Plan and a time limit on the period for payment of indebtedness and receipt of property taxes under the Redevelopment Plan have been established; and WHEREAS, by and through Senate Bill 1096, CRL Section 33333.6(e)(2)(D) was amended to provide when an redevelopment agency is required to make a payment to the Educational Revenue Augmentation Fund ("ERAF") pursuant to CRL Section 33681.12, the City Council, as the legislative body of the Agency, may enact an ordinance to extend by one (1) year the time limit on the effectiveness of the Redevelopment Plan and the time limit for payment of indebtedness and receipt of property taxes under the Redevelopment Plan, each and respectively; and WHEREAS, CRL Section 33333.6(e)(2)(C) further provides that such ordinance may be adopted without compliance with the normal procedures for redevelopment plan amendments; and WHEREAS, pursuant to CRL Section 33333.6(e)(2)(D)(ii}, the Agency is in compliance with CRL Sections 33334.2 and 33334.6, as applicable, in setting aside not less than twenty percent (20%) of tax increment revenue for the purposes of increasing, improving and preserving the community's supply of low- and moderate-income housing; and WHEREAS, pursuant to CRL Section 33333.6(e)(2)(D)(ii) and in accordance with the requirements of CRL Section 33490, the Agency has held a public hearing and adopted a Project Area Implementation Plan every five years that contains the specific goals and objectives for the Project Area; and WHEREAS, pursuant to CRL Section 33333.6(e)(2}(D)(ii ), the Agency is in compliance with CRL Section 33413 (a) and (b) to the extent applicable; and WHEREAS, pursuant to CRL Section 33333.6(e)(2}(D}(ii ), the Agency is not subject to sanctions pursuant to CRL Section 33334.12 (e) for failure to expend, encumber or disburse an excess surplus of the low and moderate income housing set- aside fund; and WHEREAS, the City Council finds the Project Area's funds used by the Agency to make the $266,909 payment in FY 2005-2006 to the county's Educational Revenue Augmentation Fund pursuant to CRL 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; and WHEREAS, the enactment of this Ordinance is exempt from the California Environmental Quality Act (Public Resources .Code Section 21000 et seq.) ("CEQA") pursuant to CEQA Guidelines Section 15378(b)(4) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment; and WHEREAS, the City Council has noticed the governing bodies of each affected taxing entity at least 30 days prior to the January 15, 2008, Public Hearing and published in a newspaper of general circulation. in the community at least once, not less than 10 days prior to the date of the Hearing; and WHEREAS, the City Council desires to adopt this ordinance to amend and extend certain time limitations of the Redevelopment Plan, as more particularly set forth below, in accordance with Section 33333.6, as amended by SB -1096. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The current time limit on the effectiveness of the South Central Redevelopment Plan is hereby extended by one (1) year from the existing time limit of July 15, 2017 to July 15, 2018, and the Tustin Community Redevelopment Agency is hereby authorized to act with respect to the Redevelopment Plan at any time during which the Redevelopment Plan is effective. Section 2. The current time limit on paying indebtedness or receiving property taxes pursuant to the South Central Redevelopment Plan and CRL is hereby extended by one (1) year from the existing time limit of July 15, 2027 to July 15, 2028, and the Tustin Community Redevelopment Agency is hereby authorized to act with respect thereto during such extended period. Section 3. Except with respect to the amendments set forth herein, the Redevelopment Plan, as amended, is and shall remain unchanged and in full force and effect in accordance with its terms. Section 4. The City Clerk is hereby authorized to file a Notice of Exemption with the County of Orange pursuant to CEQA Guidelines Section 15094. Section 5. This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published as set forth below. Section 6. At least five (5) days prior to its final adoption, copies of this Ordinance shall be posted in at least three (3) prominent and public locations in the City; and a notice shall be published once in the Tustin News, a newspaper of general circulation in the City of Tustin, setting forth the title of this Ordinance, the date of its introduction and the places where this Ordinance is posted in accordance with Government Code Section 36933. Within fifteen (15) days following final adoption, a summary of the Ordinance with the names of the council members and votes shall be published in a newspaper of general circulation. PASSED AND ADOPTED at a regular meeting of the City Council for the City of Tustin on this day of , 2008. Jerry Amante Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1349 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1349 was duly and regularly introduced and read at a regular meeting of the Tustin City Council, held on the day of ~ , 2008 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of 2008 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk S:1RDA10rdinancesl0rdinance No 1349 SB1096 SouthCentral Time Extension08.doc