HomeMy WebLinkAboutNS-2778 - Amending Central City, Intercity, and Bristol Redevelopment Plans of City of Santa Ana...
JWF 11/03/08
ORDINANCE NO. NS-2778
AN ORDINANCE OF THE CITY COUNCil OF THE CITY
OF SANTA ANA AMENDING THE CENTRAL CITY, INTER-
CITY AND BRISTOL REDEVELOPMENT PLANS OF THE
CITY OF SANTA ANA TO ELIMINATE THE TIME LIMIT IN
EACH PLAN FOR THE INCURRENCE OF DEBT.
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)(B) to eliminate 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.
E. The Community Redevelopment Agency of the City of Santa Ana (the
"Agency") is considering issuing approximately $88,000,000 in tax
allocation bonds in early 2009 to restructure existing debt of the Agency
as well as to generate additional bonds proceeds for Agency activities (the
"2009 Tax Allocation Bonds"). Elimination of the debt incurrence time limit
Ordinance No. NS-2778
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for these redevelopment plans is necessary for the structuring of the 2009
Tax Allocation Bonds.
SECTION 2:
As used in this Ordinance, the following definitions shall apply:
Ana.
Agency shall mean the Community Redevelopment Agency of the City of Santa
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 the City of Santa Ana Redevelopment Plan
originally adopted by Ordinance No. NS-1173 on or about July 2, 1973, as amended.
Inter City Plan shall mean the Inter City Commuter Station Redevelopment Plan
originally adopted by Ordinance No. NS-1636 on or about July 6, 1982, as amended.
Bristol Plan shall mean the Bristol Corridor Redevelopment Plan originally
adopted by Ordinance No. NS-2039 on or about December 4, 1989, as amended.
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, Time limit on plan effectiveness, Time limit
on receipt of tax increment shall have those meanings as described in subdivisions (a),
(b) and (c), respectively, of Section 33333.6 of the Community Redevelopment Law,
subject to all exceptions specified in the Community Redevelopment Law.
SECTION 3: The Central City, Inter City and Bristol Redevelopment Plans of
the City of Santa Ana 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
redevelopment plan effectiveness dates, as set forth below.
Central Cit Plan
Inter Cit Plan
Bristol Plan
Jul 2, 2016
Jul 6, 2025
Dec 4, 2030
Jul 2,2016
Jul 6,2025
Dec 4, 2030
Jul 2,2026
Jul 6, 2035
Dec 4, 2040
Ordinance No. NS-2778
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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.
SECTION 5: This ordinance shall become effective upon the issuance and sale
of the 2009 Tax Allocation Bonds.
ADOPTED this ~ day of December, 2008.
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AYES: Councilmembers: Alvarez. Benavides. Bustamante. Martinez.
Pulido. Sarmiento. Tinaiero (7)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: 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-2778 to be the original ordinance adopted by the City
Council of the City of Santa Ana on December 1. 2008, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date: \ ~(3/ (!)g
~~~
JM. Patricia E. Healy
'0 Clerk of the Council
City of Santa Ana
Ordinance No. NS-2778
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