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Home My WebLink AboutNS-2641 - Amending the North Harbor, South Harbor, and South Main Redevelopment Plans of City of Santa Ana to Extend Time Limit...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 12~24~03 LES 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. SECTION 2: As used in this Ordinance, the following definitions shall apply: Ordinance No. NS-2641 Page 1 of 4 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 mean the 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 redevelopment 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 derived from the project area of a specified redevelopment plan, as described in subdivision (c) of Section 33333.6 of the Community Redevelopment Law, subject to all exceptions specified in the Community Redevelopment Law. Ordinance No. NS-2641 Page 2 of 4 SECTION 3: The North Harbor, South Harbor and South Main Redevelopment Plans of the City of Santa And 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. I Time Limit On Time Limit On Time Limit On i B~d~i~ Incurring Indebted- Plan Receipt of Tax i ~ aH ness (revised) Effectiveness Increment ' (unchanged) (unchanged) North Harbor Plan July 6, 2022 July 6, 2022 July 6, 2032 South Harbor Plan July 6, 2022 July 6, 2022 July 6, 2032 South Main Plan July 6, 2022 July 6, 2022 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. ADOPTED this 20th day of January, 2004. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Lisa E. Storck Assistant City Attorney Ordinance No. NS-2641 Page 3 of 4 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) None (0) None (0) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, 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 January 20, 2004 and that said ordinance was published in accordance with the Charter of the City of Santa Aha. Date:~ Clerk of the Council City of Santa Ana Ordinance No. NS-2641 Page 4 of 4