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HomeMy WebLinkAboutPH 3 TOWN CTR PROJ 08-17-81 CITY COUNCIL PUBLIC HEARING No. 3 8-17-81 DATE: August 17, 1981 Inter-Corn TO: FROM: SUBJECT: Redevelopment Agency and City Council R. Kenneth Fleagle, Community Development Consultant Amendment to Redevelopment Plan, Town Center Project Area RECOMMENDED ACTION Following the joint public hearing at 7:30 p.m. on August 17, 1981, it is recommended that the Redevelopment Agency and City Council as a joint agency: 1. Adopt Resolution No. 81-94. 2. Introduce Ordinance No. 855, amending the financing plan for the Town Center Area Redevelopment Project. BACKGROUND Pursuant to Section 33359, Health and Safety Code, when a joint public hearing is held where the City Council is also the Agency, action to approve and adopt the plan need be taken only by the City Council. An amendment to the redevelopment finance plan was advertised for July 20, 1981. The law requires three consecutive hearings which would have required continuing the hearing to August 3, 1981. The initial notice proposed increasing the annual tax increment from $600,000. to $1,500,000. and the limitation on bonded indebtedness from $6.5 million to $10 million. The City Council on July 20 directed that the annual tax increment be increased to a $3 million annual ~imitation and an outstanding bonded indebtedness of $20 million. The proposal was readvertised in the Tustin News on July 23, 30 and August 6, 1981. Notice was mailed to all property owners within the redevelopment area and by certified mail to all taxing agencies. The Town Center Redevelopment Plan was adopted by Ordinance No. 701 on November 22, 1976. The financial limitations of the plan restricted tax increment average revenues to $600,000 per year and bonded indebtedness to $6.5 million. At that time land could be purchased for $1.00 per sq. ft. and bonds sold with 6 1/2% Amendment to Redevelopment Plan, Town Center Project Area August 17, 1981 Page Two interest. Property values now exceed $20 per sq. ft. and interest rates have increased three-fold. Incremental tax revenue amounted to $208,791 the first year of the agency's life and $712,238 for 1980-81. By 1983-84 the tax increment will exceed the $600,000 yearly average. The financial plan is obsolete based upon trends and pro~s. DISCUSSION Existing law restricts interest rates on redevelopment bonds to 10%. There are no bonds being issued presently at this rate except for short term (4 year) or with bond insurance. It was anticipated that interest rates would lower in the Fall of 1981 making redevelopment bonds marketable at the 10% rate. Tax increment revenues of $1.5 million would finance a $10 million bond issue. The Council was furnished a report from Dr. A1 Gober showing the amount of bonded indebtedne.ss that can be financed under various alternatives. Unless there is a change in the prime rate or state law, bonded indebtedness is a moot point. The legislature refused to increase the maximum interest rate above 10% for redevelopment bonds. For the immediate future, the Redevelopment Agency will be restricted to current revenues. There is a body of legal opinion that the City's redevelopment finance plan may be amended without being subject to the 1976 legislative amendments that required the 20% set aside for housing and the finance review committee of the county. If the plan were to be amended to increase the project area, it would then be subject to the Montoya Bill requiring the 20% set aside. This amendment does not increase the size of the project. Section 33367(f) of the Health and Safety Code requires the Council to state that it is convinced that the effect of tax increment financing will not cause a severe financial burden or detriment on any taxing agency deriving revenues from a tax increment project area. The Council can make this finding on the basis of the diminished reliance of other agencies upon the property tax and the decline of services by other agencies to the area. The justification for the proposed increase in the limitation on the tax increment is due to inflationary factors which prohibit achieving the objective of the redevelopment plan. Amendment to Redevelopment Plan, Town Center Project Area August 17, 1981 Page Three Upon approval and validation of this amendment, the Redevelopment Agency and Council wilq be presented a program for consideration to create other project areas and to finance improvements within the Town Center area. RKF/dat Enclosure: Revenue Projections Resolution No. 81-94 Ordinance No. 855 0 t--,It-, ~ t-,- 1 2 5 6 7 8 9 10 11 12 13 14 15 20 21 22 23 24 2§ 2§ 27 28 RESOLUTION NO. 81-94 A JOINT RESOLUTION OF THE REDEVELOPMENT AGENCY AND CITY COUNCIL OF THE CITY OF TUSTIN RECOMMENDING AMENDING THE FINANCIAL PLAN FOR THE TOWN CENTER AREA REDEVELOPMENT PROJECT The Redevelopment Agency and City Council of the City of Tustin does hereby resolve as follows: I. The Redevelopment Agency and City Council finds and determines as follows: ae be A Redevelopment Plan was approved and adopted by the City Council of the City of Tustin by Ordinance No. 701 on November 12, 1976 for the Town Center Area Redevelopment Project. Title VI (Sec. 600) LIMITATION ON FINANCES of said plan established a limitation of $600,000.00 in the average yearly tax increment which may be collected and allocated to projects and programs within the project area. Title VII (Sec. 700) LIMITATION ON BONDED INDEBTEDNESS of said plan established a maximum of $6.5 million of outstanding bonded indebtedness to be paid for through tax increment funds. ee fe The Redevelopment Plan for the Town Center project Area is for the purpose of eliminating and preventing the spread of blight and deterioration in the project area by the acquisition and development of properties and the construction of public buildings and improvements. The redevelopment plan was adopted prior to Proposition 13 when tax increments bore a relationship to increasing property values. The Redeveloment Plan was adopted when land within the project area could be purchased for $1.00 per square foot and redevelopment bonds could be marketed at 6 1/2% interest. The first years property tax increment from the project area amounted to $210,320. Subsequent to the original adoption of the redevelopment plan the market value of land has increased 20 times and interest rates have increased three-fold thereby making obsolete .the financing limitations for tax incremental revenues and the amount of bonded indebtedness to achieve the objectives of the redevelopment plan. An amendment to the financing plan for the Town Center Project Area is essential to carry out the intent and purpose of the redevelopment plan. The Redevelopment Plan as adopted satisfies the requirements of Section 33367 of the Health and Safety Code of the State of California. Resolution No. 81-92 Page Two he A public hearing was duly noticed and jointly held by the Redevelopment Agency and City Council at 7:30 p.m. on August 17, 1981. II. The Redevelopment Agency and City Council of the City of Tustin, pursuant to Section 3345 of the Health and Safety Code of the State of California, hereby resolves that Titles VI and VII of the Redevelopment Plan for the Town Center Area Redevelopment Project should be amended to read as follows: VI. (Sec. 600) LIMITATIONS ON FINANCES 8 9 10 11 12 13 14 As required by law the Agency establishes a limitation on itself as to the amount of tax increment dollars which it may collect and allocate to projects and programs within the project area. The average yearly tax increment which $3 million. Dollar yearly figure shall taxing agencies who generated below the may be collected shall not exceed amounts in excess of this average revert back to the individual are collecting those taxes incremental level. This limitation does not apply to funds received by the Agency in the form of gifts, loans; from the sale of property or services or from funds obtained from services other than tax increment financing. 15 16 17 18 19 2O 21 22 23 24 25 The length of time that the Town Center Project Area exists shall not exceed thirty years. No loans, advances, bonds, and other forms of indebtedness necessary to finance this plan, shall be incurred or established by the agency beyond the period of 30 years from the adoption of the Ordinance approving the Redevelopment Plan. This limitation on the time of indebtedness shall not be construed to place any limitation on the formation or financing of another Redevelopment Project Area. VII. (Sec. 700) LIMITATION ON BOND INDEBTEDNESS The Town Center Redevelopment Area may not exceed $20 million of outstanding bonded indebtedness to be paid for through tax increment funds. This limitation may not be exceeded unless there is an amendment to the Redevelopment Plan. PASSED AND ADOPTED at a joint meeting of the Redevelopment Agency and City Council held on the 17th day of August, 1981. 26 27 28 ATTEST: Mary E. Wynn City Clerk James B. Sharp Chairman and Mayor 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. 855 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE FINANCIAL LIMITATIONS OF THE REDEVELOPMENT PLAN FOR THE TOWN CENTER AREA REDEVELOPMENT PROJECT The City Council of the City of Tustin, California, hereby ordains that Title VI (Sec. 600) LIMITATIONS ON FINANCES Title VII (Sec. 700) LIMITATION ON BONDED INDEBTEDNESS of the Redevelopment Plan for the Town Center Area Redevelopment Project be amended as follows: 1. Title VI is hereby amended to read as follows: VI. (Sec. 600) LIMITATIONS ON FINANCES As required by law, the Agency establishes a limitation on itself as to the amount of tax increment dollars which it may collect and allocate to projects and programs within the project area. The average yearly tax increment which may be collected shall not exceed $3 million. Dollar amounts in excess of this average yearly figure shall revert back to the individual taxing agencies who are collecting those taxes generated below the incremental level. This limitation does not apply to funds received by the Agency in the form of gifts, loans; from the sale of property or services or from funds obtained from services other than tax increment financing. The length of time that the Town Center Project Area exists shall not exceed thirty years. No loans, advances, bonds, and other forms of indebtedness necessary to finance this plan, shall be incurred or established by the agency beyond the period of 30 years from the adoption of the Ordinance approving the Redevelopment Plan. This limitation on the time of indebtedness shall not be construed to place any limitation on the formation or financing of another Redevelopment Project Area. 2. Title VII is hereby amended to read as follows: VII. (Sec. 700) LIMITATION ON BONDED INDEBTEDNESS The Town Center Redevelopment Area may not exceed $20 million of outstanding bonded indebtedness to be paid for through tax increment funds. This limitation may not be exceeded unless there is an amendment to the Redevelopment Plan. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance 855 Page Two e The findings required by Section 33367 of the Health and Safety Code of the State of California and as contained in City of Tustin Ordinance No. 701 are reaffirmed including the finding that the City Council is convinced that the effect of tax increment financing will not cause a severe financial burden or detriment on any taxing agency deriving revenues from the tax increment project area. This amendment pertains only to the finance plan for subject redevelopment project area and does not include a change in the boundaries of the project area to add land to or exclude land from the project area. PASSED AND ADOPTED at a regular meeting of the City Council, City of Tustin, California, held on the day of 1981. ATTE ST: James B. Sharp Mayor Mary E. Wynn City Clerk JOINT NOTICE OF PUBLIC HEARING TO AMEND THE FINANCE PLAN OF THE CITY OF TUSTIN REDEVELOPMENT PLAN Notice is hereby given that the tiLT of Tustin Redevelopment Agency and City Council will hold a joint public hearing on August 17, 1981 at 7:30 p.m., in the Council Chambers at 300 Centennial Way. This hearing was initially adver:ised for July 20 and has been continued to August i7 to consider the following: An amendment to Paragraph VI (Sec. 600) Limitations on Finances of the Redevelopment Plan for the Town Center Area Redevelopment Project to increase the average yearly tax increment which may be collected from the amount of $600,000 to $3 million. An amendment to Paragraph VII (Sec. 700) Limitation on Bonded Indebtednes~ of the Redevelopment Plan for the Town Center ReUevelopmept Project to increase outstanding bonded indebtedness from the maximum of $6.5 million to $20 million. The above proposed amendment~ will not increase the tax assessments for any property owner within the City but will authorize a greater portion of the taxes collected within the project area to be returned directly to the area for redevelopment. For further information, contact Dr. Ken Fleagle, Redevelopment Coordinator, Tustin City Hall, 544-8890, extension 253. Publish Tustin News July 23, 30 and August 6, 1981 Mary Wynn City Cler~