HomeMy WebLinkAboutORD 1290 (2005)
ORDINANCE NO. 1290
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 SOUTH CENTRAL REDEVELOPMENT
PLAN; EXTENDING THE TIME LIMIT FOR PAYMENT OF
INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES
UNDER THE REDEVELOPMENT PLAN FOR THE SOUTH
CENTRAL REDEVELOPMENT PROJECT AREA; AND
MAKING OTHER FINDINGS IN CONNECTION
THEREWITH
The City Council does hereby resolve as follows:
I.
A.
The City Council finds and determines as follows:
The Tustin 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) (the "CRL"); and
B.
The Agency is engaged in activities necessary and appropriate to carry
out the Redevelopment Plan ("Redevelopment Plan") for the South
Central 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. 890 on August 1, 1983, (the "Original Project
Area"), and thereafter amended by Ordinance No. 939 on August 5, 1985
(Amendment No.1) including adding new area to the Project Area (the
"added Area"), and thereafter by Ordinance No. 1142 on November 21,
1994 per legislative requirements of AB 1290; and thereafter by Ordinance
No, 1223 on November 1, 1999 re-establishing the Agency's eminent
domain authority in the Project Area for a twelve-year period; and
C.
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
D.
By and through Senate Bill 1045, California Health and Safety Code
Section 33333.6(e)(2)(c) was amended to provide that as to
redevelopment plans adopted before December 31, 1993, when an
redevelopment agency is required to make a payment to the Educational
Ordinance No. 1290
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Revenue Augmentation Fund (ERAF) pursuant to CRL 33681.9, 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
E.
SB 1045 further provides that such ordinance may be adopted without
compliance with the normal procedures for redevelopment plan
amendments; and
F.
In FY 2003-2004 the Tustin Redevelopment Agency made ERAF
payments pursuant to CRL Section 33681.9 in the amount of $166,404;
and
G.
The City Council desires to adopt this ordinance to amend and extend
certain time limitations of the South Central Redevelopment Plan, as more
particularly set forth below, in accordance with Section 33333,6, as
amended by SB 1045; and
H.
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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, HEREBY ORDAIN AS FOLLOWS:
Section 1. The current time limit on the effectiveness of the South Central
Redevelopment Plan is hereby extended by one (1) year (from the existing time limit of
July 15, 2015) to July 15, 2016, and the Tustin Redevelopment Agency is hereby
authorized to act with respect to the Redevelopment Plan at any time during which the
Redevelopment Plan is effective.
Section 2. The current time limit on paying indebtedness or receiving property
taxes pursuant to the South Central Redevelopment Plan and CRL is hereby extended
by one (1) year (from the existing time limit of July 15, 2025) to July 15, 2026, and the
Tustin 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.
Ordinance No. 1290
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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
shall 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 22nd day of February, 2005.
~/~
LOU BONE
Mayor
ATTEST:
~QC1~~
PA ELA STOKER
City Clerk
Ordinance No. 1290
Page30f4
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
)
)SS
)
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. 1290 was
duly and regularly introduced and read at a regular meeting of the Tustin City Council,
held on the yth day of February, 2005 and was given its second reading, passed, and
adopted at a regular meeting of the City Council held on the 22nd day of February, 2005
by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
BONE. DAVERT. AMANTE. HAGEN. KAWASHIMA
NONE
NONE
NONE
(5)
(0)
(0)
(0)
~~~
PAMELA STOKER,
City Clerk
Ordinance No. 1290
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