HomeMy WebLinkAboutORD 1142 (1994) 1 ORDINANCE NO. 1142
2 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING CERTAIN TIME LIMITATIONS
3 WITH RESPECT TO THE SOUTH CENTRAL REDEVELOPMENT PLAN
4 The City Council of the City of Tustin does hereby ordain as
follows:
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I. The City Council finds and determines as follows:
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A. That the City Council adopted the South Central
7 Redevelopment Plan on August 1, 1983 by Ordinance
No. 890 and subsequently amended the Redevelopment
8 Plan, including adding territory to the Project
Area, on July 15, 1985 by Ordinance No. 939.
9 (Attachment 1, hereto, identifies the original
project area adopted by Ordinance No. 890 and
10 Attachment 2, hereto, identifies the area added to
the Project Area by Ordinance No. 939);
B. That Section 33333.6 of the Community Redevelopment
12 Law established certain limitations on the
incurring of indebtedness, the duration of the
13 effectiveness of redevelopment plans, and the
collection of taxes from redevelopment project
14 areas adopted on or before December 31, 1993;
15 C. That Section 33333.6 of the Community Redevelopment
Law mandates limits to the incurring of debt to
16 twenty (20) years after the date of adoption of the
redevelopment plan or, with respect to added
17 territory, from the date of an amendment to a
redevelopment plan which adds territory to the
18 project area, or January 1, 2004, whichever is
later; limits to the effectiveness of redevelopment
19 plans to 40 years from the date of the adoption of
the redevelopment plan, or, with respect to added
20 territory, from the date of an amendment to a
redevelopment plan which adds territory to the
21 project area, or January 1, 2009, whichever is
later; and limits to the repayment of indebtedness
22 or receipt of property taxes pursuant to Section
33670 of the Community Redevelopment Law to ten
23 (10) years from the termination of the
effectiveness of the redevelopment plan,
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D. That the South Central Redevelopment Plan currently
25 has a time limit for incurring debt of July 15,
2015, no time limit for repayment of indebtedness
26 or receipt ~of property ~axes and a-time limit on
the effectiveness of the RedevelO~ment Plan of
27 thirty (30) years after the Amendment adopted by
Ordinance No.939, or July 15, 2015;
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Ordinance No. 1142
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E. That the Redevelopment Agency on November 21, 1994,
4 recommended approval of the proposed South Central
Redevelopment Plan Amendment;
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F. That a public hearing was duly noticed, called and
6 held on November 21, 1994 by the City Council.
7 G. That incorporation into the South Central
Redevelopment Plan of the time limits set forth in
8 Section 33333.6 of the Health and Safety Code is
mandated by law and is therefore not a
9 discretionary act by the City. Accordingly, this
action does not constitute a "project" within the
10 meaning of the California Environmental Quality Act
(Public Resources Code Sections-21000 et seq.) and
11 is not subject to environmental review.
12 H. State law adopted by the California Legislature,
Statutes of 1993, Chapter 942, Assembly Bill 1290,
13 Health and Safety Code Section 33333.6, mandates
that the time limits prescribed in said section
14 shall be applied in the South Central Redevelopment
Plan on or before December 31, 1994. Compliance
15 with this State-mandated action is only possible if
this Ordinance is adopted by the City Council of
16 the City of Tustin as an urgency ordinance pursuant
to the provisions of the Government Code, approved
17 by a four-fifths vote of the City Council, to be
effective immediately upon adoption, in order to
18 fully provide and protect the public peace, health
and safety of the citizens of Tustin by full
19 receipt of the benefits and protections of the
California Community Redevelopment Law.
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21 II. NOW, THEREFORE, the City Council of the City of Tustin
DOES HEREBY ORDAIN as follows:
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Section 1. Section 600 (Limitations on Finances),
23 Paragraph 2 of the South Central Redevelopment Plan shall be
amended to read as follows:
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"A. With respect to the original South Central Project Area
25 adopted by Ordinance 890, shown in Attachment 1 to
Ordinance 1142, the Agency shall not establish loans,
26 advances and indebtedness to be paid with the proceeds of
property taxes'~eceived pursuant to Section 33670 of the
27 Community Redevelopment Law to finance in whole or in
part the redevelopment project after January 1, 2004,
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Ordinance No. 1142
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unless the Redevelopment Plan is amended pursuant to
4 State Law.
5 B. With respect to the territory added to the project area
by Ordinance 939, shown in Attachment 2 to Ordinance
6 1142, the Agency shall not establish loans, advances and
indebtedness to be paid with the proceeds of property
7 taxes received pursuant to Section 33670 of the Community
Redevelopment Law to finance in whole or in part the
8 redevelopment project after July 15, 2005, unless the
Redevelopment Plan is amended pursuant to State Law."
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10 Section 2. Section 1000 (Duration of the Plan) shall be
amended to read: as follows:
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"A. With respect to th~ original South Central Project Area
12 adopted by Ordinance 890, shown in Attachment 1 to
Ordinance 114.2, and except for the non-discrimination and
13 non-segregation provisions which shall run in perpetuity,
the provisions of the South Central Plan shall be
14 effective through July 15, 2015; provided, however, that
the Agency may pay indebtedness and receive property
15 taxes within South Central Project Area pursuant to
Section 33670 through July 15, 2025, unless the
16 Redevelopment Plan is amended pursuant to State Law.
17 B. With respect to the territory added to the project area
by Ordinance 939, shown in Attachment 2 to Ordinance
18 1142, and except for the non-discrimination and non-
segregation provisions which shall run in perpetuity, the
19 provisions of the South Central Redevelopment Plan shall
be effective through July 15, 2015; provided, however,
20 that the Agency may pay indebtedness and receive property
taxes within the South Central Redevelopment Project Area
21 pursuant to Section 33670 through July 15, 2025, unless
the Redevelopment Plan is amended pursuant to State Law."
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23 Section 3. The City Council hereby approves and adopts
this Ordinance by the required four-fifths (4/5) vote as an urgency
24 ordinance pursuant to Government Code Section 36937 in order to
protect and maintain all benefits and protections of the California
25 Redevelopment Law for the preservation of the public peace, health
and safety by effecting compliance with mandated state law and
26 preservation of all the rights and benefits of the Community
Redev~lopment Law for the public health and safety of the citizens
27 of Tustin.
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Ordinance No. 1142
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PASSED AND ADOPTED by a four-fifths (4/5) vote o'f the City Council
4 at a regular meeting of the Tustin City Council held on the 21st
day of November, 1994.
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7 THOMAS R. SA~ARE~.LI
MAYOR
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10 CLERK -
STATE OF C~IFO~IA )
12 CO~TY OF O~GE )
CITY OF TUSTIN )
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CERTIFI~TION FOR ORDIN~CE NO. 1142
14
~Y E. ~, City Clerk and ex-officio Clerk of the City Council
15 of the City of Tustin, California, does hereby certify that the
whole nu~er of the meters of the City CounCil of the City of
16 Tustin is five; that the above and foregoing Ordinance was passed
and adopted at a regular meeting of the City Council held on the
17 day of 1994., by the following vote:
18 CO~CILPERSONS AYES: Saltarelli, Ports, Doyle, Thomas, Worley
CO~CILPERSONS NOES: None
19 CO~CILPERSONS ~STAINED: None
CO~CI LPERSONS ~SENT: None
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2 1 x
~Y E. ~, City Clerk
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ATTACHMENT 1
ORDINANCE NO. 1142
ORIGINAL REDEVELOPMENT PROJECT AREA
SOUTH CENTRAL REDEVELOPMENT PLAN
Page 1 of 2
ATTACHMENT 1
ORDINANCE NO. 1142
ORIGINAL REDEVELOPMENT PROJECT AREA
SOUTH CENTRAL REDEVELOPMENT PLAN
Page 2 of 2
ATTACHMENT 2
ORDINANCE NO'. 1142
ADDED REDEVELOPMENT PROJECT AREA
SOUTH CENTRAL REDEVELOPMENT PLAN
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