HomeMy WebLinkAboutNS-2396 - Extend Time Limit on Each Plan's Effectiveness and to Extend the Time Limit in Each Plan for Receipt of Tax Increment195
ORDINANCE NO. NS-.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING THE CENTRAL
CITY, INTER-CITY, SOUTH MAIN, NORTH HARBOR,
SOUTH HARBOR AND BRISTOL CORRIDOR
REDEVELOPMENT PLANS OF THE CITY OF SANTA
ANA TO EXTEND THE TIME LIMIT ON EACH PLAN'S
EFFECTIVENESS AND TO EXTEND THE TIME LIMIT
IN EACH PLAN FOR THE RECEIPT OF TAX
INCREMENT
WHEREAS, California Health & Safety Code Section 33333.6(a) & (b),
part of the Community Redevelopment Law, was amended by AB 1290 in 1993 to
set deadlines in redevelopment plans for (a) the effectiveness of the plan, and (b)
the time limit on the receipt of tax increment, for cities who had adopted
redevelopment plans without such time limits; and
WHEREAS, by 1998 Statutes, Chapter 635 (AB 1342), the Legislature,
recognized that cities such as the City of Santa Aha, which had prior to 1993 set
time limits in their redevelopment plans shorter than the time periods specified in
AB 1290 were unfairly treated and that such cities with redevelopment plans that
already had limitations shorter than those allowed by AB 1290 should be allowed
a one year window to adopt an ordinance amending each such redevelopment plan
to extend the limits to those limits already provided in AB 1290; and
WHEREAS, this one year window created by AB 1342 commenced on
January 1, 1999, and expires on December 31, 1999; and
WHEREAS, the Legislature further provided in AB 1342 that this one time
ordinance should be adopted without resort to the procedures typically required
when amending a redevelopment plan, in that it was correcting an irregularity that
had adversely affected cities such as the City of Santa Ana which had created their
own time limits in redevelopment plans as compared to cities which had never had
such time limits but had instead required intervention by the State to create such
time limits; and
WHEREAS, by 1999 Statutes, Chapter 17 (SB 307), an urgency measure
signed by the Governor and effective on April 22, 1999, the Legislature has made
it clear that the simplified procedures for this one time only ordinance may not be
used to extend the time limits in existing redevelopment plans for incurring new
debt; and
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WHEREAS, the City of Santa Ana has previously adopted six
redevelopment plans that require amendment by ordinance in accordance with
Section 33333.6(0(2) as amended by AB 1342 and SB 307; and
· WHEREAS, the City of Santa Aha wishes to utilize the procedure set forth
in AB 1342 to extend the effective date of its six redevelOPment plans and the date
that tax increment would continue to flow to the Santa Ana Community
Redevelopment Agency for these six plans; and
WHEREAS, the City of Santa Ana is cognizant that under SB 307 it may
not by this ordinance extend the time limit to incur new debt beyond the time
limits that already exist in each of its six redevelopment plans:
NOW~ 'it-IEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
ANA DOES ORDAIN AS FOLLOWS:
Section 1: 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.
Central City Plan shall mean Santa Aha Redevelopment Plan originally
adopted by Ordinance No. NS-1173 on or about July 2, 1973, and amended by
Ordinance No. 1258 on or about June 2, 1975, and Ordinance No. NS-2234 on or
about October 3, 1994.
South Main Plan shall mean the Santa Aha South Main Street
Redevelopment Plan originally adopted by Ordinance No. NS-639 on or about
July 6, 1982, and amended by Ordinance No. NS-2234 on or about October 3,
1994, and Ordinance No. NS-2256 adopted on or about July 17, 1995.
Inter-CiO, Plan shall mean the Santa Ana Inter-City Commuter Station
Redevelopment Plan originally adopted by Ordinance No. NS-1636 on or about
July 6, 1982, and amended by Ordinance No. NS-2234 on or about October 3,
1994 and Ordinance No. NS-2289 Inter City on or about May 6, 1996.
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, and amended by Ordinance No. NS-2167
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on or about August 3, 1992, and Ordinance No. NS-2234 on or about October 3,
1994.
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, and amended by Ordinance No. NS-2234 on or about October 3,
1994.
Bristol Corridor Plan shall mean the Santa Ana Bristol Corridor
Redevelopment Plan originally adopted by Ordinance No. NS-2039 on or about
'December 4, 1989.
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 onplan 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.
Section 2: The redevelopment plans of the City of Santa Ana are hereby
amended to establish the following time limits on effectiveness of the plan and
receipt of tax increment, in accordance with Section 33333.6 of the Community
Redevelopment Law. The deadline for incurring new indebtedness, which shall be
unchanged and is in no way altered by this Ordinance, is also set forth below for
completeness sake.
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Central City Plan
January 1, 2004
July 2, 2013
July 2, 2023
Inter-City Plan January 1, 2004 July 6, 2022 July 6, 2032
North Harbor Plan January 1, 2004 July 6, 2022 July 6, 2032
South Harbor Plan January 1, 2004 July 6, 2022 July 6, 2032
South Main Plan January 1, 2004 July 6, 2022 July 6, 2032
Bristol Corridor PlanDecember 4, 2009 December 4, 2029 December 4, 2039
Section 3: If any section, subsection, sentence, clause, phrase or word of
this Ordinance is for any mason 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
2nd day of August ,1999·
ATTEST:
· Guy
Clerk of the Coancil
COUNCILMEMBERS:
Pulido Absant
Lutz Absent
Bist Aye
Christy Aye
Franklin Ave
McGuigan Aye
Moreno Aye
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
B ~j a~in Kaul?rn~n
ielYAssistant City Attorney
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CERTIFICATE OF ORIGINALITY & PUBLICATION
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached
Ordinance No. ~ to be the original ordinance adopted by the City Council
of the City of Santa Ana on $/~. / ~ ? ; and that said ordinance was
published in accordance with the Chaffer ofth.~'ty of Santa Aha.
Date: ~/3/~ ~~'~- ~
/ ' 't ////Clerk of the Cour~cilf~/
~/~' City of Santa Ana~' //