The URL can be used to link to this page

Home My WebLink AboutOrd. No. 1994-987 ORDINANCE NO. 987 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING THE REDEVELOPMENT PLANS FOR THE LAKE ELSINORE REDEVELOPMENT AGENCY IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33333.6 - WHEREAS, the Lake Elsinore Redevelopment Agency (the "Agency") is a public body, corporate and politic, organized and existing under the Redevelopment Law of the State of California (Part 1 of Division 24 of the Health and Safety Code of the State of California); and WHEREAS, effective on September, 1980, April, 1983 and April, 1987, the City Council of the City of Lake Elsinore has adopted the Redevelopment Plan Areas I, II and III, respectively; and WHEREAS, Assembly Bill 1290, which was enacted by the State of California and became effective on January 1, 1994, amended Section 33333.6 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq., (the "Community Redevelopment Law"; (unless otherwise expressly set forth or unless the context otherwise requires, all references to "Section" are Section(s) of the Community Redevelopment Law) and required, in part, that redevelopment agencies impose new time limitations upon redevelopment plans adopted prior to December 31, 1993, and further required that legislative bodies of redevelopment agencies to enact ordinances amending redevelopment plans adopted prior to January 1, 1994, to comply therewith; and - WHEREAS, Section 33333.6(a)(I) of the Community Redevelopment Law provides: "The time limit on the establishing of loans, advances, and indebtedness adopted pursuant to paragraph (2) of subdivision (a) of Section 33333.2 or paragraph (2) of subdivision (a) of Section 2004, whichever is later, but does not prevent agencies from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the agency's housing obligations under Section 33413."; and WHEREAS, Section 33333.6(a)(2) provides: "The time limitation may be extended, only by amendment of the redevelopment plan, after the agency finds, based on substantial evidence that: (A) significant blight remains within the project area; and (B) this blight cannot be eliminated without the establishment of additional debt. However, this amended time limitation may not exceed 10 years from the time limit established pursuant to this subdivision or the time limit on the effectiveness of the plan established pursuant to subdivision (b), whichever is earlier. "; and - WHEREAS, Section 33333.6(b) provides: "The effectiveness of every redevelopment plan subject to the provisions of Section 33333.6 shall terminate at a date which shall not exceed 40 years from the adoption of the redevelopment plan or January 1, 2009, whichever is later. After the time limit on the effectiveness of the redevelopment plan, the agency shall have no authority to act pursuant to the redevelopment plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. "; and - WHEREAS, Section 33333.6(c) provides that except as provided in subdivisions(g) and (h), a redevelopment agency shall not pay indebtedness or receive property taxes pursuant to Section 33670 after 10 years from the termination of the effectiveness of the redevelopment plan pursuant to subdivision(b); and WHEREAS, Section 33333.6(e)(1) provides that unless a redevelopment plan adopted prior to January 1, 1994, contains all of the limitations required by this section and each of these limitations does not exceed the applicable time limits established by this section, the legislative body, acting by ordinance on or before December 31, 1994, shall amend every redevelopment plan adopted prior to January 1, 1994, either to amend an existing time limit that exceeds the applicable time limit established by this section or to establish time limits that do not exceed the provisions of subdivision (a), (b), and (c); and WHEREAS, Section 33333.6 (e)(2) provides that the limitations established in the ordinance adopted pursuant to this section shall apply to the redevelopment plan as if the redevelopment plan had been amended to include those limitations. However, in adopting the ordinance required by this section, neither the legislative body nor the agency is required to comply with Article 12 (commencing with Section 33450) or any other provisions of this part relating to the amendment of this limitation; and - WHEREAS, Section 33333.6(f)(1) provides that if a redevelopment plan adopted prior to January 1, 1994, contains one or more limitations required by this section, and the limitation does not exceed the applicable time limit required by this section, this section shall not be construed to require an amendment of limitation; and WHEREAS, Section 33333.6(f)(2) provides that a redevelopment plan adopted prior to January 1, 1994, that has a limitation shorter than the terms provided in this section may be amended to extend the limitation, within the applicable time limit established by this section, pursuant to Section 33354.6; and WHEREAS, Section 33333. 6(g) provides: "The limitations established in the ordinance 2 - - adopted pursuant to this. section shall not be applied to limit allocation of taxes to an agency to the extent required to eliminate project deficits created under subdivision (e) of Section 33320.5, subdivision (g) of Section 33334.6, or subdivision (d) of Section 33487, in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to implement a replace housing program pursuant to Section 33413. In the event of a conflict between these limitations and obligations under Section 33334.6 or to implement a replacement housing program pursuant to Section 33413, the legislative body shall amend the ordinance adopted pursuant to this section to modify the limitations to the extent necessary to permit compliance with the plan adopted pursuant to subdivision (g) of Section 33334.6 and to allow full expenditure of moneys in the agency's Low and Moderate Income Housing Fund in accordance with Section 33334.3 or to permit implementation of the replacement housing program pursuant to Section 334113. The procedure for amending the ordinance pursuant to this subdivision shall be the same as for adopting the ordinance under subdivision (e). "; and WHEREAS, Section 33333.6(h) provides: "This section shall not be construed to affect the validity of any bond, or other obligation, including any mitigation agreement entered into pursuant to Section 33401, authorized by the legislative body, or the agency pursuant to this part, prior to January 1, 1994. Nor shall this section be construed to affect the right of an agency to receive property taxes, pursuant to Section 33670, to pay the indebtedness or other obligation. "; and - WHEREAS, Section 33333.60) provides that the Legislative finds and declares that the amendments made to this section by the act that adds this subdivision are intended to add limitations to the law on and after January 1, 1994, and are not intended to change or express legislative intent with respect to the law prior to that date, and further that it is not the intent of the Legislative to affect the merits of any litigation regarding the ability of a redevelopment agency to sell bonds for a term that exceeds the limit of a redevelopment plan pursuant to law that existed prior to January 1, 1994; and WHEREAS, the Plan as previously adopted by the Agency currently contains certain time limitations which may not accord with those time limitations required by Section 33333.6; and WHEREAS, The City of Lake Elsinore (the "City") is adopting this ordinance to amend certain time limitations of the Plan, as more particularly provide below, to comply with the time limitations pursuant to Section 33333.6. NOW THEREFORE, the City of Lake Elsinore does ordain as follows: 3 Section 1. Except to the extent a longer period of time may be allowed pursuant to Section 33333.6 or other provisions of the Community Redevelopment Law, the time limitation to incur indebtedness under the Redevelopment Plan as follows: Project Area I: 1/1/2004; Project Area II: 1/1/2004; Project Area III: 4/1/2007. - Section 2. The time limitation to receive property taxes to pay indebtedness or to receive property taxes pursuant to Section 33670 is as follows: Project I: 9/1/30; Project Area II: 4/11/33; and Project Area III: 4/1/37, (ten years from the date of the respective termination dates), except to the extent a longer period of time may be allowed pursuant to Section 33333.6 or other provisions for the Community Redevelopment Law. Section 3. Except to the extent a longer period of time may be allowed pursuant to Section 33333.6 or other provisions of the Community Redevelopment Law, the time limitation as to the effectiveness of the Redevelopment Plans shall be as follows: Project Area I: 9/1/20; Project Area II: 4/1/23; and Project Area III: 4/1/27. Section 4. No action with respect to the time limitation set forth in Section 33333.6 (a)(2) is being taken at this time but the right to consider extension of the time limitation is being reserved. Section 5. The City Council finds and determines amendments to the Plan as adopted by this ordinance are in compliance with the time limitations set forth in 33333.6. - Section 6. The Plan shall remain in full force and effect, unmodified except to the extent of those particular amendments expressly set forth in this Ordinance. Section 7. The City Clerk is hereby authorized and directed to certify to the passage of this ordinance to and to cause the same to be published in a newspaper of general circulation which is published and circulated in the City of Lake Elsinore. Section 8. passage. This Ordinance shall be in full force and effect thirty (30) days after 4 - INTRODUCED AND PASSED UPON FIRST READING this 8th day of November, 1994, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22nd day of November, 1994, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE - ATTEST: r ! CLERK }~PROVED AS TO FORM & LEGALITY: TORNEY ~e STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) - I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on November 8, 1994, and passed on November 22, 1994, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE __( ABSTAIN: 7J .~ 1 J VI~Ab(,~~y CLERK CITY OF LAKE ELSINORE COUNCILMEMBERS: NONE (SEAL) - STA~E OF CdLIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 987 of said Council, and that the same has not been amended or repealed. DA1ED: November 28, 1994 ~oUJ VICKI KARAD, Cl TY CLERK CITY C.'~' LAKE ELf.INORE (SEAL) -