HomeMy WebLinkAbout94-33 CC OrdinanceORDINANCE NO. 94-33
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING AND AMENDING TIME LIMITS IN THE
COUNTY OF RIVERSIDE REDEVELOPMENT PLAN 1-1988
WI~IREAS, 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");
WItI~REAS, subsequent to the enacUnent of the Temecula Plan, the City of Temecula was
incorporated on December 1, 1989;
WHEREAS, all the territory to which the Temecula Plan applies (hereinafter referred to
as the "Project Area") is now within the corporate boundaries of the City of Temecula;
WHEREAS, 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, as of
July 1, 1991. Pursuant to Ordinance No. 93-04 and 94-03, Ordinance No. 91-11 was codified
at Section 8.04.010 of the Temecula Municipal Code;
~, the purpose of this Ordinance is to amend the Temecula Plan to incorporate
certain time limits mandated by Assembly Bill 1290 (Chapter 942 of 1993.) Assembly Bill 1290
CAB 1290") amends Section 33333.6 of the Health and Safety Code to require that a
redevelopment plan which either lacks the required time limits or which contains time limits in
excess of the maximums established by All 1290 must be amended by ordinance on or before
December 31, 1994, to bring the plan into conformity with these requirements. This Ordinance
is enacted as mandated by and in accordance with Section 33333.6;
WHEREAS, Section 33333.6 establishes certain limitations on the incurring and repaying
of indebtedness and the duration of redevelopment plans, which limitations apply to every
redevelopment plan adopted on or before December 31, 1993;
WHEREAS, Section 33333.6(a) mandates that the time period for establishing debt be
limited to twenty years from the adoption of the plan or the year 2004, which ever is later.
Because the Temecula Plan presently permits debt to be incurred for up to forty years, it must be
amended to require that all debt be established prior to July 12, 2008, which is twenty years after
the adoption of the Temecula Plan;
Ords 94-33 I
~AS, Section 33333.6(b) provides that the effectiveness of every redevelopment
plan shall terminate forty years after its adoption or January 1, 2009, whichever is later. After
that time, the redevelopment agency shall have no authority to act pursuant to the plan except to
pay previously incurred indebtedness and to enforce existing covenants, contracts and other
obligations. Although the Temecula Plan has a forty year term, it does not expressly state that
the Agency shall have no authority to act after the forty years, and consequently, and amendment
is necessary to incorporate this limitation;
W/IEREAS, Section 33333.6(c) mandates that subject to certain exceptions, and agency
shall not pay indebtedness or receive property taxes ten years after the termination of the
effectiveness of the plan. The Temecula Plan has no such limitation, and consequently must be
amended to reflect this requirement;
WHEREAS, the incorporation into the Temecula Plan of the time limits set forth in
Section 33333.6 of the Health and Safety Code is mandated by law and is therefore not a
discretionary act of the City. Accordingly, this section does not constitute a project within the
meaning of the California Environmental Quality Act (Public Resources Code Section 2100 et.
allq.) and is not subject to environmental review; and
WI~I!EAS, pursuant to the judgment entered into 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, various
additional limitations are placed on the Temecula Plan, including that, subject to certain
exceptions, no more than $60,000,000 of tax increment revenues shall be allotted or paid to the
Agency during the term of the Plan.
NOW THEREFORE, the City Council of the City of Temecula does hereby ordain as
follows:
Section 1. Section 540 of the Plan is amended to read as follows:
"FINANCING LIMITATIONS.
Consistent with Sections 33333.2 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 incurrance of debt, if any, imposed by the Final Judgment in the case
entitled Robert Dawes, Save Bistofical Temecnla v. Redevelopment Agency of the County
of Riverside, et. al. Riverside County Superior Court Case No. 194468 MF, consolidated
with Case No. 194948.
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No loans, advances, or indebtedness to finance, in whole or in part, the Project, and to be
repaid from the allocation of those taxes described in the before-mentioned Section 33670,
shall be established or incurred by the Agency beyond July 12, 2008, which date is twenty
(20) years from the date of adoption of this Plan. However, such loans, advances, or
indebtedness may be repaid over a period of time longer than such time limit.
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 from the 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 any one time, except
by amendment of this Plan.
Tax increment revenues 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 ~. Section 610 of the Plan is amended to read as follows:
"DURATION OF PLAN ACTIVITIES
Except for the nondiscrimination and nonsegregation provisions which shall run in
perpetuity, the effectiveness of this Plan shall terminate July 12, 2028, which date is forty (40)
years from the date of adoption of this Plan. After July 12, 2028, the Agency shall have no
authority to act pursuant to the Plan except to pay previously incurred indebtedness and to enforce
existing covenants, contracts and other obligations. The Agency shall not pay indebtedness or
receive property taxes pursuant to Health and Safety Code Section 33670 after July 12, 2038,
except as otherwise specifically permitted under Health and Safety Code Section 33333.6"
Section 3. This Ordinance shall be effective thirty days after its adoption. The
City Clerk is directed to publish and post this Ordinance as is required by law.
Orda 94-33 3
PASSED, APPROVF~D AND ADOPTF~D this 20th day of December, 1994.
ATTEST:
Ju~reek, City CI~~
[SEAL]
Ords 94-33 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. 94-33 was duly introduced and placed upon its first reading at a regular meeting
of the City Council on the 29th day of November, 1994, and that thereafter, said Ordinance was
duly adoptexl and passed at a regular meeting of the City Council on the 20th day of December,
1994, by the following vote, to wit:
4 COUNCILMEMBERS: Lindemans, Mufioz, Parks, Roberts
NOES:
0 COUNCILMEMBERS: None
ABSENT:
0 COUNCILMEMBERS: None
ABSTAINED:
1 COUNCILMEMBERS: Stone
Orda 94-33 5