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Home My WebLink AboutNS-2685 - Extending Time Limit of the Effectiveness of Merged Redevelopment Plans and the Time Limit for Payment of Indebtedness and Receipt of Property Taxes ORDINANCE NO. NS-2685 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF THE MERGED REDEVELOPMENT PLANS AND THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES FOR EACH OF THE ELIGIBLE PROJECT AREAS AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH 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. The Community Redevelopment Agency for the City of Santa Ana ("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 I of Division 24, commencing with Section 33000 of the Health & Safety Code of the State of California) ("CRL"). B. The Agency is engaged in activities necessary and appropriate to carry out the Redevelopment Plan for each of the six redevelopment project areas which have now been merged. C. Pursuant to California Health and Safety Code section 33333.6, a time limit of the effectiveness of the Redevelopment Plans and a time limit on the period of repayment of indebtedness and receipt of property taxes under the Redevelopment Plan have been established. D. By and through Senate Bill 1096, enrolled on July 29,2004, and chaptered on August 5,2004 ("SB 1096"), Health and Safety Code section 33333.6 was amended to provide that as to Redevelopment Plans originally adopted before January 1, 1994, and when such redevelopment agency is required to make a payment to the Educational Revenue Augmentation Fund in fiscal year 2004-2005 pursuant to CRL section 33681.12, the City Council, as the legislative body of the Agency, may enact an ordinance to extend by one 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. ORDINANCE NS-2685 Page 1 of6 E. SB 1096 further provides that such ordinance may be adopted without compliance with the normal procedures for redevelopment plan amendments. F. SB 1096 provides that the legislative body must make certain determinations and findings in the ordinance and must hold a noticed public hearing on the amendments. G. The City Council desires to adopt this Ordinance to amend and extend certain time limitations of the Redevelopment Plan, as more particularly set forth below, in accordance with section 33333.6, as amended by SB 1096. 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. 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. Bristol Plan shall mean the Santa Ana Bristol Redevelopment Plan originally adopted by Ordinance No. NS-2039 on or about December 4, 1989; amended by Ordinance No. NS-2231 and NS-2234 on or about October 3, 1994; Ordinance No. NS-2396 on or about August 2, 1999; and Ordinance No. NS-2652 on May 17, 2004. Central City Plan shall mean the Santa Ana Central City Redevelopment Plan originally adopted by Ordinance No. NS-1173 on or about July 2, 1973, amended by Ordinance No. NS-1258 on or about June 2, 1975 ; Ordinance NS-1877 on or about December 1, 1986; Ordinance No. NS-2234 on or about October 3, 1994; Ordinance No. NS-2290 on April 6, 1996; Ordinance No. NS-2396 in August of 1999; and Ordinance No. NS-2652 on May 17, 2004. 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. Inter City Plan shall mean the Santa Ana Inter City Redevelopment Plan originally adopted by Ordinance No. NS-1636 on or about July 6, ORDINANCE NS-2685 Page 2 016 1982, amended by Ordinance No. NS-2234 on or about October 3, 1994; Ordinance NS-2289 on or about May 6,1996; Ordinance NS-2396 in August of 1999; and Ordinance No. NS-2652 on May 17, 2004. 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; Ordinance NS-2396 in August of 1999; Ordinance NS-2641 on January 20, 2004; and Ordinance No. NS-2652 on May 17, 2004. Merged Project Area shall mean the six project areas that were merged on or about September 20, 2004 by Ordinance No. NS-2662, Ordinance No. NS-2663, Ordinance No. NS-2664, Ordinance No. NS- 2665, Ordinance No. NS-2666, and Ordinance No. NS- 2667. 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; Ordinance NS-2396 in August of 1999; Ordinance NS-2641 on January 20,2004; and Ordinance No. NS-2652 on May 17, 2004. 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, amended by Ordinance No. NS-2234 on or about October 3, 1994; Ordinance No. NS-2256 adopted on or about July 17, 1995; Ordinance NS-2396 in August of 1999; Ordinance NS-2641 on January 20,2004; and Ordinance No. NS-2652 on May 17, 2004. 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 ORDINANCE NS-2685 Page 3 of6 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. SECTION 3: The current time limit on the effectiveness of each of the eligible Redevelopment Plans is hereby extended by one year and the Agency is hereby authorized to act with respect to the respective Redevelopment Plan at any time during which each of the Redevelopment Plans is effective. SECTION 4: The current time limit on paying indebtedness or receiving property taxes pursuant to each of the Redevelopment Plans and CRL(except for the Bristol Redevelopment Plan which is ineligible for the extension) is hereby extended by one year (from the existing time limit as set forth below) and the Agency is hereby authorized to act with respect thereto during such extended period. Central Cit 2,2014 2,2015 2,2024 Inter-Cit 6, 2023 6, 2024 6, 2033 North Harbor 6, 2023 6, 2024 6, 2033 South Harbor 6, 2023 6, 2024 6, 2033 South Main 6, 2023 Jul 6, 2024 6, 2033 Bristol" Dec. 4, 2030 Dec. 4, 2030 Dec. 4, 2040 " Not eligible for one year extension under SB 1096 Jul 2, 2025 Jul 6, 2034 Jul 6, 2034 Jul 6, 2034 Jul 6,2034 Dec.4,2040 SECTION 5. The legislative body has determined that the Agency is in compliance with the requirements of section 33334.2; the Agency has adopted an implementation plan in accordance with the requirements of section 33490; the agency is in compliance with the requirements of subdivisions (a) and (b) of section 33413; and the Agency is not subject to sanctions for failure to expend, encumber, or disburse an excess surplus pursuant to section 33334.12(e). SECTION 6. The legislative body hereby finds that notice of the public hearing has been mailed to the governing bodies of the affected taxing entities and ORDINANCE NS-2685 Page 4 ot6 published in a newspaper of general circulation at least once, not less than ten (10) days prior to the date of the public hearing. SECTION 7. The legislative body hereby finds that funds used to make the payment to the county's Educational Revenue Augmentation Fund pursuant to section 33681.12 would otherwise have been used to pay the costs of projects and activities necessary to carry out the goals and objectives of the redevelopment plan. SECTION 8: 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. ORDINANCE NS-2685 Page 5 of 6 ADOPTED this 16th day of May 2005. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY:~L (.~ Lisa E. Storck Assistant City Attorney AYES: Councilmembers: Alvarez. Bisl. Bustamante. Garcia. Pulido. Solorio (6) NOES: Councilmembers: None (0) ABSENT: Councilmembers: Christy (1) None (0) ABSTAIN: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2685 to be the original ordinance adopted by the City Council of the City of Santa Ana on May 16. 2005, and that said ordinance was published in accordance with the Cha~o!the City Of, Santa Ana/ Date: .5'~/~~O< (~J'.J\;~e::: // Clerk of the Council U City of Santa Ana ( ORDINANCE NS-2685 Page 6 016