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Home My WebLink About07-20 CC Ordinance ORDINANCE NO. 07-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE TEMECULA REDEVELOPMENT PLAN 1-1988 PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6 TO REPEAL THE TIME LIMIT ON THE ESTABLISHMENT OF LOANS, ADVANCES, AND INDEBTEDNESS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A On July 12, 1988, the County of Riverside, prior to the incorporation of the City of Temecula, duly adopted Ordinance No. 658 enacting a Redevelopment Plan, known as the "County of Riverside Redevelopment Plan 1-1988" (hereinafter referred to as the "Temecula Plan"). B. Subsequent to the enactment of the Temecula Plan, the City of Temecula was incorporated on December 1,1989. C. All the territory to which the Temecula Plan applies (hereinafter referred to as the "Project Are") is now within the corporate boundaries of the City of Temecula. D. Pursuant to City Ordinance 91-11, which became effective May 9, 1991, and City Ordinance No. 91-15, which became effective April 9, 1991, the City approved the Temecula Plan. Said Ordinances had the effect of adopting the Temecula Plan and transferring jurisdiction over the Temecula Plan to the Redevelopment Agency of the City of Temecula (the "Agency"), as of July 1, 1991. Pursuant to Ordinance Nos. 93-04 and 94-03, Ordinance No. 91-11 was codified at Section 8.04.101 of the Temecula Municipal Code. E. On December 20, 2004, the City Council adopted Ordinance No. 94-33, establishing and amending certain time limitations with respect to the Temecula Plan. F. On September 26, 2006, the City Council adopted Ordinance No. 06-11 extending the term of the Temecula Plan for one year. G. Health and Safety Code Section 33333.6(e)(2)(B) provides that on or after January 1, 2002, a redevelopment plan may be amended by a legislative body by adoption of an ordinance to repeal the time limit on the establishment of loans, advances and indebtedness required by Health and Safety Code Section 33333.6 prior to January 1, 2002, and, in adopting such ordinance, neither the legislative body nor the R:/Ords 2007/0rds 07-20 I I agency is required to comply with Health and Safety Code Section 33354.6, Article 12 (commencing with Health and Safety Code Section 33450), or any other provision of the Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) relating to the amendment of redevelopment plans, except that the agency shall make the payment to affected taxing entities required by Health and Safety Code Section 33607.7. H. Health and Safety Code Section 33607.7 provides that if the Agency adopts an amendment that is governed by Health and Safety Code Section 33607.7, such as the amendment provided for in this Ordinance, the Agency shall pay to each affected entity, being those taxing entities for which a property tax is levied in the Project Area, either of the following: (1) if an agreement exists between the Agency and an affected taxing entity that was entered into prior to January 1, 1994, and requires payments to the taxing entity, the amounts required to be paid by such agreement; or (2) if such an agreement does not exist, the amounts required pursuant to Health and Safety Code Section 33605.5 calculated in accordance with the provisions of Health and Safety Code Section 33607.7 (i.e., statutory pass through payments). Prior to the transfer of jurisdiction over the Temecula Plan from the County to the Agency, the Redevelopment Agency of the County of Riverside entered into pass through agreements with each of the Project Area taxing entities, and the County Auditor Controller continues to disburse payments to the taxing entities pursuant to such agreements. Therefore, statutory pass thorough payments will not be required to be made following the adoption of this Ordinance. I. The Agency and the City Council desire that the Temecula Plan be amended to repeal the Plan's time limit on the establishment of loans, advances and indebtedness. Section 2. Section 540 of the Temecula Plan is hereby amended to read as follows: "FINANCING LIMITATIONS" Consistent with Sections 33333.6 and 33334.1 of the California Community Redevelopment Law, the following financing limitations are imposed on this Plan: Taxes, as defined in Section 33670 of the Redevelopment Law shall not be divided and shall not be allocated to the Agency in excess of One Billion One Hundred ten Million Dollars ($1,110,000,000) except by amendment of this Plan. This limitation is subject to the limits on the incurrence of debt, if any, imposed by the Final Judgment in the case entitled Robert Dawes, Save Historical Temecula v. Redevelopment Agency of the County of Riverside, et al. Riverside County Superior Court Case No. 194468 MF, consolidated with Case No. 194948. R/Ords 2007/0rds 07-20 2 J [ There shall be no time limit on the establishing of loans, advances and indebtedness to be paid with the proceeds of property taxed described in the before-mentioned Section 33670 and received by the Agency, to finance, in whole or in part, the Project. From time to time as may be appropriate, the Agency may issue bonds and/or notes for any of its corporate purposes. The Agency may issue such types of bonds on which the principal and interest are payable in whole or in part for tax increments. The total outstanding principal of any bonds so issued and repayable from said tax increments shall not exceed Three Hundred Forty million Dollars ($340,000,000) at anyone time, except by amendment of this Plan. Tax increment revenue generated in each of the noncontiguous portions of the Project Area shall be accounted for separately and shall be used to benefit the respective communities in which such revenues were generated." Section 3. the enactment of this Ordinance is not a project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) and CEQA Guidelines (14 Cal.Code Regs Section 15000 et seq.), and specifically Section 15378(b)(4) because the actions described herein are the continuation of an existing governmental funding mechanism and a fiscl activity that does not involve any commitment to any specific \project which may result in a potentially significant physical impact on the environment. Because enactment of this Ordinance is not a project for CEQA purposes, this action is exempt from CEQA pursuant to CEQA Guidelines ""-- Section 15061 (b)(3), and the City Clerk is directed to file a Notice of Exemption with the County Clerk pursuant to CEQA Guidelines Section 15062 within five (5) days of the adoption date of this Ordinance. Section 4. The City Clerk is directed to send a certified copy of this Ordinance to the Agency. Section 5. The City Clerk is directed to certify and publish this Ordinance as is required by law. R:/Ords 2007/0rds 07-20 3 I _, I PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8th day of January, 2008. ~ l~ 'fI-' l1^-n -- MichaeM. Naggar, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) ~ I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 07-20 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 11th day of December, 2007, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8th day of January, 2008, by the following vote: AYES: 3 NOES: 0 COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Comerchero, Edwards, Naggar None ABSENT: 2 Roberts, Washington ABSTAIN: 0 None IIJ.j~ ( 1\ Susan Itl Jones, MMC ~ ~ City Clerk R:/Ords 2007/0rds 07-20 4