HomeMy WebLinkAboutORD 1141 (1994) 1 ORDINANCE NO. 1141
2 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, AMENDING
3 CERTAIN TIME LIMITATIONS WITH RESPECT TO THE
TOWN CENTER 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 Town Center
8 Redevelopment Plan on November 22, 1976 by
Ordinance No. 701 and subsequently amended the
9 Redevelopment Plan on September 8, 1981 by
Ordinance No. 855 and further amended the
10 Redevelopment Plan on March 20, 1989 by
Ordinance No. 1021;
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B. That Section 33333.6 of the Community
12 Redevelopment Law established certain
limitations on the incurring of indebtedness,
13 the duration of the effectiveness of
redevelopment plans, and the collection of
taxes from redevelopment project areas adopted
on or before December 31, 1993;
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C. That Section 33333.6 of the Community
16 Redevelopment Law mandates limits to the
incurring of debt to twenty (20) years after
17 the date of adoption of the redevelopment plan
or January l, 2004, whichever is later; limits
18 to the effectiveness of redevelopment plans to
40 years from the date of adoption of the plan
19 or January 1, 2009, whichever is later; and
limits to the repayment of indebtedness or
20 receipt of property taxes pursuant to Section
33670 of the Community Redevelopment Law to
21 ten (10) years from the termination of the
effectiveness of the redevelopment plan;
22
D. That The Town Center Redevelopment Plan
23 currently has a time limit for incurring debt
of November 22, 2006, an indeterminate time
24 limit for repayment of indebtedness or receipt
of property taxes and a time limit on the
25 effectiveness of the Redevelopment Plan of
thirty (30) years after the Second Amendment,
26 or.April 19, 2019;
27 E. That the Redevelopment Agency on November 21,
1994, recommended approval of the proposed
28 Town Center Redevelopment Plan Amendment;
Ordinance No. 1141
Page 2
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F. That a public hearing was duly noticed, called
3 and held on November 21, 1994 by the City
Council.
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G. That incorporation into the Town Center
5 Redevelopment Plan of the time limits set
forth in Section 33333.6 of the Health and
6 Safety Code is mandated by law and is
therefore not a discretionary act by the City.
7 Accordingly, this action does not constitute a
"project" within the meaning of the California
8 Environmental Quality Act (Public Resources
Code Sections 21000 et seq.) and is not
9 subject to environmental review.
10 H. State law adopted by the California
Legislature, Statutes of 1993, Chapter 942,
11 Assembly Bill 1290, Health and Safety Code
Section 33333.6, mandates that the time limits
1~ prescribed in said section shall be applied in
the Town Center Redevelopment Plan on or
13 before December 31, 1994. Compliance with this
State-mandated action is only possible if this
14 Ordinance is adopted by the City Council of
the City of Tustin as an urgency ordinance
15 pursuant to the provisions of the Government
Code, approved by a four-fifths vote of the
16 City Council, to be effective immediately upon
adoption, in order to fully provide and
17 protect the public peace, health and safety of
the citizens of Tustin by full receipt of the
18 benefits and protections of the California
Community Redevelopment Law.
19
II. NOW, THEREFORE, the City Council of the City of Tustin
20 DOES HEREBY ORDAIN as follows:
21 Section 1. Section 600 (Limitations on Finances),
Paragraph 2 of the Town Center Redevelopment Plan shall be amended
22 to read as follows:
23 "A. The Agency shall not establish loans, advances and
indebtedness to be paid with the proceeds of property
24 taxes received pursuant to Section 33670 of the Community
Redevelopment Law to finance in whole or in part the Town
25 Center Redevelopment Project after January 1, 2004,
unless the Town Center Redevelopment Plan is amended
26 pursuant to State Law."
27 Section 2. Section 1000 (Duration of the Plan) shall be
amended to read: as follows:
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f /
Ordinance No. 1141
Page 3
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"B. Except for the non-discrimination and non-segregation
3 provisions which shall run in perpetuity, the provisions
of the Town Center Redevelopment Plan shall be effective
4 through November 22, 2016; provided, however, that the
Agency may pay indebtedness and receive property taxes
5 wi.thin the Town Center Project Area pursuant to Section
33670 through November 22, 2026."
6
Section 3. The City Council hereby approves and adopts
7 this Ordinance bythe required four-fifths (4/5) vote as an urgency
ordinance pursuant to Government Code Section 36937 in order to
8 protect and maintain all benefits and protections of the California
Redevelopment Law for the preservation of the public peace, health
9 and safety by -effecting compliance with mandated state law and
preservation of all the rights and benefits of the Community.
10 Redevelopment Law for the public health and safety of the citizens
of Tustin.
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PASSED ANDADOPTED by a four-fifths (4/5) vote of the City Council
12 at a regular meeting of the Tustin City Council held on the 21st
day of November, 1994.
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14
THOMAS R. SA~fTAR~iI
15 MAYOR
16
E. WYNN
17 CLERK
18 STATE OF CALIFORNIA )
COUNTY OF ORANGE )
19 CITY OF TUSTIN )
20 CERTIFICATION FOR ORDINANCE NO. 1141
21 MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council
of the City of Tustin, California, does hereby certify that the
22 whole number of the members of the City Council of the City of
Tustin is five; that the above and foregoing Ordinance No. 1141 was
23 passed and adopted at a regular meeting of the City Council held on
the .21 day of 'November,' 1994, by the following vote:
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COUNCILPERSONS AYES: Saltarelli, Ports, Doyle, Thomas, Worley
25 COUNCILPERSONS NOES: None
COUNCILPERSONS ABSTAINED: None
26 COUNCILPERSONS ABSENT: None
27~~
28 Y E. WYNN, City Clerk