HomeMy WebLinkAboutORD 1349 (2008)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
Ordinance No. 1349
Page 1 of 4
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.
Ordinance No. 1349
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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 Juty 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 5th day of February, 2008.
Ordinance No. 1349
Page 3 of 4
PAMELA STOKER,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
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
dul~r and regularly introduced at a regular meeting of the Tustin City Council, held on the
15t day of January, 2008, and was given its second reading, passed, and adopted at a
regular meeting of the City Council held on the 5th day of February, 2008 by the
following vote:
COUNCILMEMBER AYES: Amante, Davert, Bone, Kawashima (4)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: Palmer (1)
PAMELA STOKER
City Clerk
Ordinance No. 1349
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