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HomeMy WebLinkAboutRDA TIME LIMITS 11-21-94RDA NO. 3 11-21-94 'ATE: NOVEMBER 21, 1994 Inter-Com TO: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJEC~ TOWN CENTERANDSOUTHCENTRAL REDEVELOPMENT PLANAMENDMENTS - TIME LIMITS RECOMMENDATION It is recommended that Redevelopment Agency adopt Resolutions No. RDA 94-14 and RDA 94-15 recommending to the City Council adoption of Ordinances No. 1141 and 1142. FISCAL IMPACT Ordinance 1141 and Ordinance 1142 will not have any immediate fiscal impact on either the Town Center or the South Central Redevelopment Plans. However, both Ordinances may have a potential effect on the Agency's future options to issue bonds to implement the Redevelopment Plans. It is not possible, at this time, to calculate what these impacts will be. BACKGROUND DISCUSSION AB 1290, adopted as part of the 1993 State legislative session made major revisions to the California Community Redevelopment Law in order to eliminate what the Legislature perceived to be abuses of the California Redevelopment Law. Among these changes were establishment of time limits dealing with the following: (1) the effective life of Redevelopment Plans; (2) the time in which an Agency can incur debt; and (3) the time in which the Agency can collect tax increment to service debt after the end of the effectiveness of a Redevelopment Plan. The Council has no discretion in this matter. AB 1290 requires the City Council to amend both the Town Center and the South Central Redevelopment Plans to conform to these time limits. Before the Council can act, however, the Redevelopment Agency must recommend approval of these amendments. A full discussion of these Ordinances is included in the staff report under the City Council agenda. In summary, Ordinances 1141 (Town Center) and 1142 (South Central) will impose the following Redevelopment Agency Report Ordinances 1141 and 1142 November 21, 1994 time limits on the Redevelopment Plans: Town Center Redevelopment Plan Effective Date of Redevelopment Plan Last Date to Incur Debt Last Date to Collect Tax Increment to Retire Debt November 22, 2016 January 1, 2004 November 22, 2026 South Central Redevelopment Plan: Original Pro~ect Area Effective Date of Redevelopment Plan July 15, 2015 Last Date to Incur Debt January 1, 2004 Last Date to Collect Tax Increment to Retire Debt July 15, 2025 South Central Redevelopment Plan: Added Area Effective Date of Redevelopment Plan Last Date to Incur Debt Last Date to Collect Tax Increment to Retire Debt July 15, 2015 July 15, 2005 July 15, 2025 Copies of the proposed Ordinances are attached to the text of the proposed resolutions. RECOMMENDED ACTIONS It is recommended the Redevelopment Agency adopt the following resolutions: RESOLUTION NO. RDA 94-14. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THE CITY COUNCIL ADOPT ORDINANCE NO. 1141 AMENDING CERTAIN TIME LIMITS WITH RESPECT TO THE TOWN CENTER REDEVELOPMENT PLAN Christine eton Assistant Cit~' Manager r zimmer \ redevgen \ t iml imt. rda RESOLUTION NO. RDA 94-15. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THE CITY COUNCIL ADOPT ORDINANCE NO. 1142 AMENDING CERTAIN TIME LIMITS WITH RESPECT TO THE SOU REDEVELOPMENT PLAN l~ichard Z~er ledevel~lt Program Manager RESOLUTION NO. RDA 94-14 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 28 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THE CITY COUNCIL ADOPT ORDINANCE NO. 1141 AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE TOWN CENTER REDEVELOPMENT PLAN I . The Redevelopment Agency finds and determines as follows: A, That the City Council adopted the Town Center Redevelopment Plan on November 22, 1976 by Ordinance No. 701 and subsequently amended the Redevelopment Plan on September 8, 1981 by Ordinance No. 855 and further amended the Redevelopment Plan on March 20, 1989 by Ordinance No. 1021; . That Section 33333.6 of the Community Redevelopment Law established certain limitations on the incurring of indebtedness, the duration of the effectiveness of redevelopment plans, and the collection of taxes from redevelopment project areas adopted on or before December 31, 1993; C ~ That Section 33333.6 of the Community Redevelopment Law mandates limits to the incurring of debt to twenty (20) years after the date of adoption of the redevelopment plan or January 1, 2004, whichever is later; limits to the effectiveness of redevelopment plans to 40 years from the date of adoption of the plan or January 1, 2009, whichever is later; and limits to the repayment of indebtedness or receipt of property taxes pursuant to Section 33670 of the Community Redevelopment Law to ten (10) years from the termination of the effectiveness of the redevelopment plan; D . That The Town Center Redevelopment Plan currently has a time limit for incurring debt of November 22, 2006, an indeterminate time limit for repayment of indebtedness or receipt of property taxes and a time limit on the effectiveness of the Redevelopment Plan of thirty (30) years after the Second Amendment, or April 19, 2019; E . That incorporation into the Town Center Redevelopment Plan of the time limits set forth in Section 33333.6 of the Health and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. RDA 94-14 Page 2 Safety Code is mandated by law and is therefore not a discretionary act by the City. Accordingly, this action does not constitute a "project" within the meaning of the California Environmental ,Quality Act (Public Resources Code Sections 21000 et seq.) and is not subject to environmental review. II. NOW, THEREFORE, the Redevelopment AgencY of the City of Tustin recommends the City Council approve Ordinance No. 1141 amending certain time limits with respect to the Town Center Redevelopment Plan. PASSED AND ADOPTED by the Redevelopment Agency of the City of Tustin at a regular meeting held on the 21st day of November, 1994. THOMAS SALTARELLI Redevelopment Chairperson MARY WYNN, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RDA RESOLUTION NO. 94-14 MARY E. WYNN, 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 Redevelopment Agency of the City of Tustin is five; that the above and foregoing RDA Resolution No. 94-14 was duly and regularly introduced, passed and adopted at a regular meeting of the Redevelopment Agency held on the 21st day of November, 1994, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Mary E. Wynn, City Clerk RESOLUTION NO. RDA 94-15 2 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 -- 27 28 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THE CITY COUNCIL ADOPT ORDINANCE NO. 1142 AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE SOUTH CENTRAL REDEVELOPMENT PLAN I · The Redevelopment Agency finds and determines as follows: a. That the City Council adopted the South Central Redevelopment Plan on August 1, 1983 by Ordinance No. 890 and subsequently amended the Redevelopment Plan, including adding territory to the Project Area, on July 15, 1985 by Ordinance No. 939. (Attachment 1, hereto, identifies the original project area adopted by Ordinance No. 890 and Attachment 2, hereto, identifies the area added to the Project Area by Ordinance No. 939); · That Section 33333.6 of the Community Redevelopment Law established certain limitations on the incurring of indebtedness, the duration of the effectiveness of redevelopment plans, and the collection of taxes from redevelopment project areas adopted on or before December 31, 1993; C · That Section 33333.6 of the Community Redevelopment Law mandates limits to the incurring of debt to twenty (20) years after the date of adoption of the redevelopment plan or, with respect to added territory, from the date of an amendment to a redevelopment plan which adds territory to the project area, or January 1, 2004, whichever is later; limits to the effectiveness of redevelopment plans to 40 years from the date of the adoption of the redevelopment plan, or, with respect to added territory, from the date of an amendment to a redevelopment plan which adds territory to the project area, or January 1, 2009, whichever is later; and limits to the repayment of indebtedness or receipt of property taxes pursuant to Section 33670 of the Community Redevelopment Law to ten (10) years from the termination of the effectiveness of the redevelopment plan, D . That the South Central Redevelopment Plan currently has a time limit for incurring debt of July 15, 2015, no time limit for repayment 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. RDA 94-15 Page 2 E · of indebtedness or receipt of iproperty taxes and a time limit on the effectiveness of the Redevelopment Plan of thirty (30) years after the Amendment adopted by Ordinance No.939, or July 15, 2015; That incorporation into the South Central Redevelopment Plan of the time limits set forth in Section 33333.6 of the Health and Safety Code is mandated by law and is therefore not a discretionary act by the City. Accordingly, this action does not constitute a "project" within the meaning of the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) and is not subject to environmental review. II. NOW, THEREFORE, the Redevelopment Agency of the City of Tustin recommends the City Council approve Ordinance No. 1142 amending certain time limits with respect to the South Central Redevelopment Plan. PASSED AND ADOPTED by the Redevelopment Agency of the City of Tustin at a regular meeting held on the 21st day of November, 1994. THOMAS SALTARELLI Redevelopment Chairperson MARY WYNN, City Clerk