HomeMy WebLinkAbout11A - EXTEND DEADLINE DEBT12/24/03 LES
ORDINANCE NO. NS-2641
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING THE NORTH HARBOR,
SOUTH HARBOR, AND SOUTH MAIN REDEVELOPMENT
PLANS OF THE CITY OF SANTA ANA TO EXTEND THE
TIME LIMIT IN EACH PLAN FOR THE INCURRENCE OF
DEBT TO COINCIDE WITH THE EFFECTIVENESS OF
SAID PLANS
THE CITY COUNCIL OF THE CiTY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: The City Council of the City of Santa Ana hereby, finds,
determines and declares as follows:
A. California Health & Safety Code Section 33333.6(a) & (b), part
of the Community Redevelopment Law, was amended by Assembly Bill
1290 in 1993 to impose time limits on incurring debt, receipt of tax
increment and effectiveness of the plan. The outside time limit for
incurring debt under AB 1290 for plans adopted prior to 1994 was the later
of 20 years after plan adoption or January 1, 2004,
B, Senate Bill 211 (effective January 2002) permits the
amendment of a pre-1994 plan to completely delete the debt incurrence
deadline, with the result that an agency can incur debt under such a plan
up to the deadline for the effectiveness of the plan.
C. The City of Santa Ana wishes to utilize the procedure set forth
in California Health and Safety Code section 33333.6(e)(2) to extend the
date that debt can be incurred in three of its six redevelopment plans so
that the Redevelopment Agency can incur new debt until the end of the
active life of the each of these three project areas so that the Agency can
continue to meet its long term goals and objectives.
D, The City of Santa Ana is cognizant that under Health and Safety
Code section 33607.7, by adopting this ordinance amending the
redeveloPment plans in order to eliminate the debt incurrence time limit,
the Redevelopment Agency will be required to pay the statutory pass-
through payments to each affected taxing entity with which the Agency
does not already have a pre-1994 pass-through agreement.
Page1 11 .A.
SECTION 2: As used in this Ordinance, the following definitions shall
apply:
AgenCY shall mean the Community Redevelopment Agency of the City of
Santa Ana.
COmmunity Redevelopment Law shall mean Part 1 (commencing with
SeCtion 33000) of Division 24 of the California Health & Safety Code, as
amended from time to time.
South Main Plan shall mean the Santa Ana South Main Street
Redevelopment Plan originally adopted by Ordinance No. NS-1639 on or about
July 6, 1982, and amended by Ordinance No. NS-2234 on or about October 3,
1994, Ordinance No. NS-2256 adopted on or about JulY 17, 1995, and
Ordinance NS-2396 in August of 1999.
South Harbor Plan shall mean the Santa Ana South Harbor
Boulevard/Fairview Street Redevelopment Plan originally adopted by Ordinance
No. NS-1638 on or about July 6, 1982, amended by Ordinance No. NS-2167 on
or about August 3, 1992, Ordinance No. NS-2234 on or about October 3, 1994,
and Ordinance NS-2396 in August of 1999.
North Harbor Plan shall mean the Santa Ana North Harbor Boulevard
Redevelopment Plan originally adopted by Ordinance No. NS-1637 on or about
July 6, 1982, amended by Ordinance No. NS-2234 on or about October 3, 1994,
and Ordinance NS-2396 in August of 1999.
Tax increment shall mean property tax revenues allocated to the Agency
pursuant to Section 333670 of the Community Redevelopment Law.
Time limit on incurring indebtedness shall meanthe expiration date of the
time period during which the Agency may establish or incur loans, advances, and
indebtedness to be paid with the proceeds of tax increment derived from the
project area of a specified redevelopment plan, as described in subdivision (a) of
Section 33333.6 of the Community Redevelopment Law, subject to all exceptions
specified in the Community Redevelopment Law.
Time limit on plan effectiveness shall mean the expiration date of the time
period during which a specified radeveiopment plan is effective, as described in
subdivision (b) of Section 33333.6 of the Community Redevelopment Law,
subject to all exceptions specified in the Community Redevelopment Law.
Time limit on receipt of tax increment shall mean the expiration date of the
time period during which the Agency may pay indebtedness and receive tax
increment dedved from the project area of a specified redevelopment plan, as
described in subdivision (c) of Section 33333.6 of the Community
1 1.A.
Page 2
RedeveloPment LaW, Subject to all exceptions specified in the Community
RedeveloPment Law.
SECTION 3: The North Harbor, South Harbor and South Main
Redevelopment Plans of the City of Santa ^na are hereby amended to repeal the
existing debt incurrence time limit so that the Agency can incur debt for these
respective project areas up to the current redevelopment plan effectiveness
dates, as set forth below.
North Harbor Plan
South Harbor Plan
South Main Plan
July 6, 2022
July 6, 2022
July 6, 2022
July 6, 2022
July 6, 2022
July 6, 2022
July 6, 2032
July 6, 2032
July 6, 2032
SECTION 4: If any section, subsection, sentence, clause, phrase or word of
this Ordinance is for any reason held to be invalid by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council hereby declares that it would have passed and
adopted this Ordinance, and each and all provisions hereof, irrespective of the fact
that one or more provisions may be declared invalid.
-Page 3
11.A.
'ADOPTED this day of ,2004.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
JOseph W. Fletcher
City Attomey
By:
Lisa E. Storck
Assistant City Attorney
AYES:
Councilmembers
NOES:
Councilmembers
ABSTAIN:
Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
L PATRICIA E HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2641 to be the original ordinance adopted by the
City Council of the City of Santa Aha on , and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
11.A.
Page 4-