HomeMy WebLinkAboutOrdinances_2336_CCv0001.pdf ORDINANCE NO. 2336
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING, THE
REDEVELOPMENT PLAN FOR THE REDLANDS REDEVELOPMENT PROJECT IN
ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33333.6
Whereas, the Redlands Redevelopment Agency (the "Agency")is a public body corporate
and politic, organized and existing under the Redevelopment Law of the State of California (Part I
of Division 24 of the Health and Safety Code of the State of California); and
Whereas, by enacting Ordinance No. 1500 adopted September 26, 1972; the City Council
of the City of Redlands adopted the Redevelopment Plan for the Redlands Redevelopment Project
(the "Plan" and the "Redevelopment Project," respectively) for the redevelopment project area as
therein defined (the "Original Area"); and
Whereas, under the heading of "Land Disposition," which is part E of the Plan, the Plan
provides, in Section 5, as follows:
Except for the nondiscrimination and nonsegregation provisions which shall run in
perpetuity, the provisions of this Plan shall be effective and the provisions of other
documents formulated pursuant to this Plan may be made,effective for 25 years from the date
of adoption of this Plan by the City Council; and
Whereas,the provisions of part E of the Plan were,not intended to and have not been applied
to the period during which the Agency may incur indebtedness or the period with respect to which
the Agency may receive tax increment revenues and repay indebtedness, no such limitations being
set forth in part F of the Plan, entitled "Methods for Financing the Project;" and
Whereas,by enacting Ordinance No. 1575 adopted on February 17, 1976, the City Council
of the City of Redlands adopted Amendment No. I to the Redevelopment Plan("Amendment No.
I").which Amendment No, I provided for the addition of certain territory ("Added. Area No. I")to
the Project Area of the Redevelopment Project; and
Whereas, by Ordinance No. 1974, adopted on December 16, 1986; the City Council
established a limitation upon the time during which indebtedness could be incurred, as follows:
No loan, advance or indebtedness to be repaid from the allocation of taxes referred to in
Section I.A. of such Ordinance No. 1974]...established or incurred by the Redevelopment
Agency to finance in whole or in part the Redevelopment Project, shall be established or
incurred beyond 2011-12 (25.8) years following the effective date of this Ordinance [No.
1974]. Such loan,advance or indebtedness maybe repaid over a period of time beyond such
time limit...., and
DJM1039LE
Whereas, Assembly Bill 1290 ("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)(1)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 3333)3.2 or paragraph(2) of subdivision (a) of Section 333314 shall not
exceed 20 years from the adoption of the redevelopment plan or January 1, 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. This limit, however,shall 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. This limit shall not prevent agencies from
refinancing, refunding, or restructuring indebtedness after the time limit if the indebtedness is not
increased and the time during which the indebtedness is to be repaid does not exceed the date on
which the indebtedness would have been paid."; 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
336'70 after 10 years from the termination of the effectiveness of the redevelopment plan pursuant
to subdivision (b); and
Whereas, Section 31313316(d) (1) provides: "If plans which had different dates of adoption
were merged on or before December 31, 1993,the time limitations required by this section shall be
counted individually for each merged plan from the date of the adoption of each plan. If an
amendment to a redevelopment plan added territory to the project area on or before December 31;
1993, the time limitations required by this section shall commence, with respect to the
redevelopment plan, from the date of the adoption of the redevelopment plan, and, with respect to
the added territory, from the date of the adoption of the amendment."; and
DJM1039LE 2
Whereas. Section 33333.6(e)(1)provides,in part,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
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), or(e); and
Whereas, Section 333.33.6 ( ) ( )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 1
(commencing with Section 33450) or any other provision of this pant relating to the amendment of
redevelopment plans; 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 this limitation; and
Whereas, Section 33333.6 (g) provides: "The limitations established in the ordinance
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 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 frill expenditure of
moneys in the agency's Low and Moderate Income Mousing Fund in accordance with Section
33334.3 or to permit implementation of the replacement housing program pursuant to Section.33414.
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 333.33.6 (h) provides: "This section shall not be construed to affect the
validity of any bond, indebtedness,or other obligation, including any mitigation agreement entered;
into pursuant to Section 334(11, 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 33333.6 (i) provides that a redevelopment agency shall not pay
indebtedness or receive property taxes pursuant to Section 33670, with respect to a redevelopment
plan adopted prior to January 1, 1994,after the date identified in subdivision(c)or the date identified
in the redevelopment plan,whichever is earlier,except as provided in paragraph( ) of subdivision
(f) or in subdivision (h); and
LA11039i;r 3`
Whereas, Section 333')3.6 0) provides that the Legislature 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 Legislature 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 Agency and the City have construed and applied the Plan, as amended by
Amendment No. I and Ordinance No. 1974 as if they were amended to conform to Section 33333.6;
and
Whereas, the City of Redlands (the "City") is adopting this ordinance to formally ratify,
approve, and memorialize the application of certain time limitations applicable to the Plan, as
amended by Amendment No. I and Ordinance No. 1974 pursuant to Section 33333.6, as more
particularly provided below.
NOW, THEREFORE the City of Redlands does ordain as follows:
Section-—L As to the Original Area,except to the extent a longer period of time may now
or hereafter be allowed pursuant to Section 33333.6 or other provisions of the Community
Redevelopment Law:
a) the time limitation to incur indebtedness under the Redevelopment Plan as to the
Original Area is amended to January 1, 2004;provided that this limit shall not prevent the Agency
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 this limit
shall not prevent agencies from refinancing,refunding, or restructuring indebtedness after the time
limit if the indebtedness is not increased and the time during which the indebtedness is to be repaid
does not exceed the date on which the indebtedness would have been paid.
b) the time limitation to receive property taxes to pay indebtedness or to receive property
taxes pursuant to Section 33670 under the Redevelopment Plan as to the Original Area is September
26,2022 (ten years from the date of termination of the Redevelopment Plan as to the Original Area,
September 26, 2012).
Section, As to Added Area No. 1,except to the extent a longer period of time may now
or hereafter be allowed pursuant to Section 33333.6 or other provisions of the Community
Redevelopment Law:
(a) the time limitation to incur indebtedness under the Redevelopment Plan as to Added
Area No. I is amended to January 1,2004;provided that this limit shall not prevent the Agency from
incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more
FWA 1039LE 4
debt in order to fulfill the Agency's housing obligations under Section 33413 and this limit shall not
prevent agencies from refinancing,refunding,or restructuring indebtedness after the time limit if the
indebtedness is not increased and the time during which the indebtedness is to be repaid does not
exceed the date on which the indebtedness would have been paid.
b) the time limitation to receive property taxes to pay indebtedness or to receive property
taxes pursuant to Section 33670 under Amendment No. I as to Added Area No. I is February 17,
2 026 (ten years from the date of termination of Amendment No. 1, February 17, 2016).
Sgg-jign 3. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a summary of it, to be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City and thereafter this
ordinance shall take effect as provided by law.
Mayor of the City of Redlands
Attest:
City`- erk
1,Lorrie Poyzer, City Clerk of the City of Redlands hereby certify that the foregoing ordinance was
duly adopted by the City Council at a regular meeting thereof held on the_.5th day of November
1996, by the following vote:
AYES: Couricilmembers Gilbreath, Cunningham, Gil, Banda
NO None
ABSTAIN: Mayor Larson
ABSENT: None
City Clef-
City of Redlands
DJM1039LE,