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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: 5 I. The City Council finds and determines as follows: 6 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, 24 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; 28 Ordinance No. 1142 Page 2 1 2 3 E. That the Redevelopment Agency on November 21, 1994, 4 recommended approval of the proposed South Central Redevelopment Plan Amendment; 5 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. 20 21 II. NOW, THEREFORE, the City Council of the City of Tustin DOES HEREBY ORDAIN as follows: 22 Section 1. Section 600 (Limitations on Finances), 23 Paragraph 2 of the South Central Redevelopment Plan shall be amended to read as follows: 24 "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, 28 Ordinance No. 1142 Page 3 1 2 3 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." 9 10 Section 2. Section 1000 (Duration of the Plan) shall be amended to read: as follows: 11 "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." 22 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. 28 Ordinance No. 1142 Page 4 1 2 3 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. 5 7 THOMAS R. SA~ARE~.LI MAYOR 8 9 10 CLERK - STATE OF C~IFO~IA ) 12 CO~TY OF O~GE ) CITY OF TUSTIN ) 13 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 20 2 1 x ~Y E. ~, City Clerk 22 23 24 25 26 27 28 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 o) u~ ~) i Page 1 of 2