HomeMy WebLinkAboutOrd. No. 2008-1249
ORDINANCE NO. 1249
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CALIFORNIA,
ELIMINATING AND AMENDING CERTAIN TIME LIMITS
WITH RESPECT TO THE REDEVELOPMENT PLANS FOR
THE LAKE ELSINORE RANCHO LAGUNA
REDEVELOPMENT PROJECT AREAS NO. I, NO. II AND
NO. III
WHEREAS, the Lake Elsinore Redevelopment Agency ("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 1 of Division 24, commencing with Section
33000, of the Health and Safety Code of the State of California) ("CRL"); and
WHEREAS, the Agency is engaged in activities necessary and
appropriate to carry out the Redevelopment Plans ("Redevelopment Plans") for the
Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, No. II and No. III
("Project Areas") which were adopted by the Agency's legislative body, the City
Council of the City of Lake Elsinore ("City Council"), by Ordinance No. 607 on
September 23, 1980 and thereafter amended by Ordinance No. 624 on July 20, 1981
(Project Area No. I), by Ordinance 671 on July 18, 1983 (Project Area No. II), and by
Ordinance No. 815 on September 8,1987 (Project Area No. III); and
WHEREAS, by Ordinance No. 987 adopted on November 8, 1994, the
City Council, among other actions, added certain provisions and limitations to the
Redevelopment Plans as required by amendments to CRL Section 33333.6 enacted
by AS 1290, including (i) the time limit as to the effectiveness of each Redevelopment
Plan, (ii) the time limit to receive property taxes to repay indebtedness in each Project
Area, and (iii) the establishment of the time limit after which the Agency may not incur
debt in conjunction with implementation of each Redevelopment Plan; and
WHEREAS, in calculating the time limits for the effectiveness of the
Redevelopment Plans and receipt of property tax increment to repay indebtedness,
the City Council intended by its adoption of Ordinance No. 987 to incorporate the time
limits authorized by CRL Section 33333.6 as amended by AS 1290 which permits the
Redevelopment Plans to expire 40 years after the date of adoption and permits the
Redevelopment Agency to receive property tax increment to repay indebtedness for
10 years after the termination of the applicable Redevelopment Plan, but due to
technical errors in such calculations, Ordinance No. 987 included certain incorrect
dates; and
WHEREAS, in extending the effectiveness of the Redevelopment Plans
and time limit to receive property tax increment, Ordinance No. 987 states that the
applicable deadlines shall apply "except to the extent that a longer period of time may
be allowed pursuant to Section 33333.6 or other provisions of the Community
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Redevelopment Law" and the City Council desires by this Ordinance to
correct nunc pro tunc the time limits specified in Ordinance No. 987 consistent with the
provisions of Section 33333.6 and the intent of the City Council; and
WHEREAS, CRL Section 33333.6(e)(2) was amended by the California
legislature by Senate Bill 211, effective January 1, 2002, to provide that as to
redevelopment plans originally adopted pre-January 1, 1994 the City Council may
enact an ordinance eliminating the deadline on incurring indebtedness formerly
required by CRL Section 33333.6, and to further provide that such ordinance may be
adopted without compliance with CRL Section 33354.6 or Article 12 of the CRL,
except that the redevelopment agency must begin making certain payments of
portions of the Agency's tax increment to affected taxing entities required by CRL
Section 33607.7 commencing from the date the applicable redevelopment plan
reaches the previously existing deadline to incur debt; and
WHEREAS, pursuant to Section 33333.6(e)(2) of the CRL, the Agency
desires to eliminate the time limit to incur debt in Project Area No. I immediately in
order to implement the purposes, goals and objectives of the Redevelopment Plan for
the Lake Elsinore Rancho Laguna Redevelopment Project Area No. I, including the
urgency to fund the acquisition of real property declared by the Agency to be
necessary and beneficial for the implementation of the Redevelopment Plan and in
furtherance of the health, safety and welfare of the community; and
WHEREAS, CRL Section 33333.6(e)(4) was also amended by Senate
Bill 211, effective January 1, 2002, to similarly provide that City Council may enact an
ordinance eliminating the deadline on incurring loans, advances and indebtedness
paid solely from the Agency's Low and Moderate Income Housing Fund or establishing
more debt in order to fulfill the Agency's affordable housing obligations formerly
required by CRL Section 33333.6 without compliance with CRL Section 33354.6 or
Article 12 of the CRL and without triggering the obligations to make payments to
affected taxing entities under CRL Section 33607.7; and
WHEREAS, pursuant to Section 33333.6(e)(4) of the CRL, the Agency
desires to eliminate the time limit to incur debt in Project Areas No. II and No. III paid
from the Agency's Low and Moderate Income Housing Fund in order to fulfill the
Agency's affordable housing purposes; and
WHEREAS, Section 33681.9 of the CRL was added by Senate Bill 1045
effective September 1, 2003, requiring the Agency to make a payment during fiscal
year 2003-04 for deposit into Riverside County's Educational Revenue Augmentation
Fund (an "ERAF Payment"); and
WHEREAS, Senate Bill 1045 also added Section 33333.6(e)(2)(C) to the
CRL to provide that when an agency is required to make the ERAF Payment pursuant
to Section 33681.9, the City Council may amend the applicable Redevelopment Plans
by Ordinance without compliance with CRL Section 33354.6 or Article 12 of the CRL to
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extend by one year the time limit of the effectiveness of the Plans and the time limit to
repay indebtedness; and
WHEREAS, the Agency was required to make ERAF Payments in fiscal
year 2003-04 from each of the Project Areas and desires to amend the
Redevelopment Plans as permitted by Section 33333.6(e)(2)(C); and
WHEREAS, 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) (California Code of
Regulations 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The time limits specified in Ordinance No. 987 for the
effectiveness of the Redevelopment Plans and the receipt of property tax increment to
repay debt are restated nunc pro tunc and further amended and extended by one year
in accordance with Section 3333.6(e)(2)(C) of the CRL as follows:
A. The Effective Date of the Redevelopment Plan for the Original Lake
Elsinore Rancho Laguna Redevelopment Project Area No. I is extended from
September 23, 2020 to September 23, 2021, and the Agency's ability to repay
indebtedness from tax increment from the original Project Area is extended from
September 23,2030 to September 23,2031.
B. The Effective Date of Amendment No.1 to the Redevelopment Plan for
the Lake Elsinore Rancho Laguna Redevelopment Project Area No. I is extended from
July 20, 2021 to July 20, 2022, and the Agency's ability to repay indebtedness from tax
increment from the area added by Amendment No.1 is extended to from July 20,2031
to July 20,2032.
C. The Effective Date of the Redevelopment Plan for the Lake
Elsinore Rancho Laguna Redevelopment Project Area No. II is extended from July 18,
2023 to July 18, 2024, and the Agency's ability to repay debt from tax increment from
the Project Area is extended from July 18, 2033 to July 18, 2034.
D. The Effective Date of the Redevelopment Plan for the Lake
Elsinore Rancho Laguna Redevelopment Project Area No. III is extended from
September 8, 2027 to September 8, 2028 and the Agency's ability to repay debt from
tax increment form the Project Area is extended from September 8, 2037 to September
8, 2038.
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SECTION 2. The time limit of January 1, 2004, established by Ordinance
No. 987 to incur debt set forth in the Redevelopment Plan for the Lake Elsinore Rancho
Laguna Redevelopment Project Area No. I and the implementation for all
redevelopment purposes pursuant thereto is hereby eliminated and the Agency is
hereby authorized to incur indebtedness and any other obligations with respect to the
Redevelopment Plan in accordance with all remaining provisions of such
Redevelopment Plan at any time during which the Redevelopment Plan is effective.
SECTION 3. The time limit of January 1, 2004, established by Ordinance
No. 987 to incur debt set forth in the Redevelopment Plan for the Lake Elsinore Rancho
Laguna Redevelopment Project Area No. II is hereby eliminated for purposes of
incurring loans, advances and indebtedness paid solely from the Agency's Low and
Moderate Income Housing Fund and the Agency is hereby authorized to incur or
establish more debt in order to fulfill the Agency's affordable housing obligations any
time during which the Redevelopment Plan is effective or as otherwise permitted by the
CRL.
SECTION 5. The City Clerk is hereby authorized and directed to file a
Notice of Exemption with the County of Riverside pursuant to CEQA Guidelines Section
15094.
SECTION 6. If any provision, clause, sentence or paragraph of this
Ordinance or the application thereof to any person or circumstance shall be held invalid,
such invalidity shall not affect the other provisions of this Ordinance and are hereby
declared to be severable.
SECTION 7. The City Clerk shall certify as to adoption of the Ordinance
and cause this Ordinance to be published and posted in the manner required by law.
SECTION 8. This Ordinance shall take immediately upon passage by a
four-fifths vote of the City Council.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on this 26th day of February 2008.
'iAJh~
~~CKMAN,MAYOR
CITY OF LAKE ELSINORE
L
IVIAN M. MUNSON
CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that the foregoing Urgency Ordinance No. 1249 was passed at a regular
meeting of the City Council of the City of Lake Elsinore held on the 26th day of
February 2008, by the following roll call vote:
AYES: Mayor Daryl Hickman, Mayor Pro Tern Genie Kelley,
Council Members Thomas Buckley, Robert E. Magee and
Robert Schiffner
NOES: None
ABSENT: None
ABSTAIN: None
V'M~~~O:;-
CITY CLERK
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