HomeMy WebLinkAboutORD 1306 (2005)
ORDINANCE NO. 1306
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
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) ("CRL"); and
B.
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.1 021 on March 20, 1989; and
thereafter by Ordinance No. 1141 on November 21,1994 per legislative
requirements of AB1290, and thereafter by Ordinance No. 1291 on
February 7,2005; 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 when an
redevelopment agency is required to make a payment to the Educational
Revenue Augmentation Fund (ERAF) pursuant to CRL Section 33681.9,
the City Council, as the legislative body of the Agency, may enact an
Ordinance No. 1306
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G.
H.
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.
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
F.
In FY 2004-2005 the Tustin Redevelopment Agency made ERAF
payments pursuant to CRL Section 33681.9 in the amount of $206,474;
and
The City Council desires to adopt this ordinance to amend and extend
certain time limitations of the Town Center Redevelopment Plan, as more
particularly set forth below, in accordance with Section 33333.6, as
amended by SB 1045; and
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 Town Center
Redevelopment Plan is hereby extended by one (1) year (from the existing time limit of
November 22,2017) to November 22,2018, 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 Town Center Redevelopment Plan and CRL is hereby extended
by one (1) year (from the existing time limit of November 22, 2027) to November 22,
2028, 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.
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.
Ordinance No. 1306
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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 by the City Council of the City of Tustin, at a regular
meeting on the 17th day of October, 2005.
'-t ¡! ft<
LOU BONE
Mayor
Ordinance No. 1306
Page30f4
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. 1306 was
duly and regularly introduced at a regular meeting of the Tustin City Council, held on the
3rd day of October, 2005 and was given its second reading, passed, and adopted at a
regular meeting of the City Council held on the 1 ih day of October, 2005 by the
following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
BONE, DAVERT, AMANTE, HAGEN, KAWASHIMA (5)
NONE (0)
NONJi: (0)
NONE (0)
- ~n ~ ~ é
PA ELA STOKE .
CITY CLERK
Ordinance No. 1306
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