HomeMy WebLinkAboutORD 1348 (2008)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
Ordinance No. 1348
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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 time
during which the Redevelopment Plan is effective.
Ordinance No. 1348
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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
shalt 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.
PAMELA STOKER ,
City Clerk
Ordinance No. 1348
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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. 1348 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. 1348
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