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HomeMy Public PortalAboutOrd. 1605ORDINANCE NO. 1605 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA "A" RELATED TO THE ORIGINAL AREA AND THE AREA ADDED IN 1976 PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 33333.6(e)(2)(C) OR (D), RESTATING CERTAIN PROVISIONS AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Lynwood (the "City Council ") approved and adopted the Redevelopment Plan for Project Area A (the "Original Plan ") pursuant to Ordinance No. 945 on July 10, 1973, thereby creating "Project Area A ", which encompassed a certain area within the City of Lynwood; and WHEREAS, the Original Plan was adopted pursuant to the California Redevelopment Law, constituting Health and Safety Code Section 33000 et seq. ( "CRL "); and WHEREAS, the Original Plan was subsequently amended: (a) by Ordinance No. 960, adopted on December 27, 1973, which added territory to Project Area A; (b) by Ordinance No. 990, adopted on August 19, 1975, which added territory to Project Area A; (c) by Ordinance No. 1000, adopted on June 1, 1976, which added territory to and deleted certain properties from Project Area A; (d) by Ordinance No. 1010, adopted on December 7, 1976, which deleted certain properties from Project Area A (the area encompassed by the Original Plan and amendments (a) and (b) and any areas thereof deleted pursuant to (c) and (d) encompass the territory referred to herein as the "Original Area," and the area added by (c) and (d) hereof (excluding any deleted pursuant to (c) or (d) encompasses the area referred to herein as "1976 Amended Area" ); (e) by Ordinance No. 1111, adopted on December 16, 1980, which added territory to Project Area A and established certain time limits related to the added area required by the CRL (said amendment (e) encompasses the territory referred to as the "1981 Amended Area "), (f) by Ordinance No. 1308, adopted on July 19, 1988, which added territory to Project Area A and established additional limits on the Redevelopment Plan required by the CRL (said amendment (f) encompasses the territory referred to as the "1988 Amended Area "), (g) by Ordinance No. 1406 on December 29, 1994, which extended certain limits required by the CRL, (h) by Ordinance No. 2186, adopted on February 16, 1999, (i) by Ordinance No. 1504 on March 20, 2001, which extended certain time limits related to eminent domain proceedings; 0) by Ordinance No. 1539 on December 3, 2003, which eliminated the time limits for incurrence of indebtedness pursuant to Section 33333.6(e)(2) of the CRL; and (k) by Ordinance No. 1540 on December 3, 2003, which extended the life of the plan and time to collect tax increment revenues by one year pursuant to SIB 1045 (as amended collectively referred to as the "Redevelopment Plan "); and WHEREAS, the Lynwood Redevelopment Agency (the "Agency ") has been given the authority to carry out the functions and requirements of the CRL and to implement the Redevelopment Plan; and WHEREAS, Section 33333.6(e)(2)(C) of the CRL provides that when an agency is required to make a payment into the county's Educational Revenue Augmentation Fund ( "ERAF ") fund for Fiscal Year 2003 -04 pursuant to Section 33681.9 of the CRL, the legislative body may amend the redevelopment plan to extend by one year the time limit on the effectiveness and the time to receive tax increment and repay indebtedness ( "SB 1045 Amendment "); and WHEREAS, pursuant to Section 33333.6(c) of the CRL, where a redevelopment plan adds territory, the limits apply separately to each added area from the date of adoption of each added area; and WHEREAS, the legislative body desires to adopt the SIB 1045 Amendment for the 1976 Amended Area due to its ERAF payment, which amendment corrects Ordinance No. 1540 adopted on December 3, 2003 to provide for a one year increase in said area from the limits adopted pursuant to AB 1290 by Ordinance No. 1406 on December 29, 1994; and WHEREAS, said amendment would extend the effectiveness of the 1976 Amended Area of the Redevelopment Plan to June 1, 2017, and the time to receive tax increment and pay indebtedness to June 1, 2027; and WHEREAS, Section 33333.6(e)(2)(D) of the CRL (enacted by SIB 1096, Stats. 2004, Chap. 211) provides that when an agency is required to make a payment to the county's ERAF pursuant to Section 33681.12 of the CRL (during fiscal years 2004 -05 and /or 2005 -06), the legislative body may amend the redevelopment plan by adoption of an ordinance to extend, by one year for each year in which a payment is made, the time limit on the effectiveness of the redevelopment plan and the time limit on the repayment of indebtedness and receipt of tax increment funds (hereinafter referred to as an "SB 1096 Amendment ") if the time limit for the effectiveness of the redevelopment plan established pursuant to subdivision (a) of 33333.6 is 10 years or less from the last day of the fiscal year in which a payment is made; and WHEREAS, the Agency made payments to the County of Los Angeles ERAF pursuant to Sections 33681.9 and 33681.12 of the CRL during fiscal years 2003 -04, 2004 -05 and 2005 -06; and WHEREAS, the Original Area has less than 10 years remaining from the last day of the fiscal years for 2004 -05 and 2005 -06; and WHEREAS, because the Agency made a payment to the County of Los Angeles ERAF pursuant to Section 33681.12 of the CRL during fiscal years 2004 -05 and 2005- 06, the Agency now proposes to amend the Original Area of the Redevelopment Plan to adopt the SIB 1096 Amendment; and WHEREAS, said amendment would extend the effectiveness of the Original Area to July 10, 2016, and the time to receive tax increment and pay indebtedness to July 10, 2026; and WHEREAS, Sections 33333.6(e)(2)(C) and (D) of the CRL further provide that in adopting such amendments, neither the legislative body nor the redevelopment agency is required to comply with CRL Section 33354.6 or Article 12 or any other provision of the CRL relating to the amendment of redevelopment plans; and WHEREAS, a notice of said hearing was duly and regularly published in Lynwood Press, a newspaper of general circulation in the City of Lynwood on September 4, 2008, and a copy of said notice is on file with the City Clerk; and WHEREAS, copies of the notice of public hearing were mailed to each taxing entity which receives taxes from property in Project Area A on or before August 15, 2008 relating to the joint hearing on September 16, 2008; and WHEREAS, on September 16, 2008, the City Council and the Agency continued the joint hearing to October 7, 2008; and WHEREAS, the Agency has also requested that the City Council restate certain financing limits adopted by prior Ordinances into the Plan; and WHEREAS, the City Council has provided an opportunity for all persons to be heard and has received and considered all written and oral evidence and testimony presented for or against any and all aspects of the proposed Amendment to the Redevelopment Plan with respect to the Original Area; and WHEREAS, the Agency has analyzed the provisions of the Redevelopment Plan and the provisions of Health and Safety Code Sections 33333.6(e)(2)(C) and (D), and has determined that the Redevelopment Plan may be amended as provided herein; and 2 WHEREAS, the City Council desires to amend the Redevelopment Plan in accordance with the terms of the Amendment; and WHEREAS, the Agency has prepared and submitted and the City Council has reviewed and considered the staff report on the Amendment; and WHEREAS, the amendment is not a "project" under the California Environmental Quality Act ( "CEQA ") pursuant to Section 15378(b) (2), (4) and (5) of the CEQA Guidelines; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LYNWOOD: Section 1. The City Council hereby finds and declares that the above recitals are true and correct. Section 2. The City Council has reviewed the items submitted herewith, the testimony at the hearing, the findings in the staff report, the Redevelopment Plan and the current Five -Year Implementation Plan relating to the Agency's project areas and hereby finds and declares that the funds used by the Agency to make the payments to the ERAF pursuant to Sections 33681.9 and 33681.12 of the CRL would otherwise have been used to pay the costs of projects and activities necessary to carry out the goals and objectives of the Redevelopment Plan. Section 3. The City Council hereby extends the effectiveness of the Original Area of the Redevelopment Plan to July 10, 2016 and the time to receive tax increment and pay indebtedness to July 10, 2026. The City Council hereby extends the effectiveness of the 1976 Amended Area to June 1, 2017 and the time to receive tax increment and pay indebtedness to June 1, 2027. Section 4. The amendment to the Redevelopment Plan attached hereto as "Exhibit A" (the "Amendment ") is hereby incorporated in this Ordinance by reference and made a part of this Ordinance as if set out in full in the Ordinance. Section 5. The Amendment is hereby adopted, approved and designated as part of the official Redevelopment Plan for Project Area A. It is the purpose and intent of the City Council that the Amendment be implemented as part of the Redevelopment Plan. The Executive Director of the Agency may prepare a document that incorporates the provisions of the Amendment into the existing text of the Redevelopment Plan, and such document shall then constitute the official Redevelopment Plan for Project Area A. Section 6. To the extent of the amendment set forth in the Amendment, this Ordinance amends the prior ordinances mentioned in this Ordinance. Section 7. The City Council hereby authorizes the filing of a CEQA Notice of Exemption. Section 8. If any provision, section, subsection, subdivision, sentence, clause or phrase of this Ordinance or the Amendment is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion or portions of the Ordinance or the Amendment. Section 9. All provisions of the Redevelopment Plan not specifically amended or repealed in this Amendment shall continue in full force and effect. Section 10. This Ordinance shall be published and posted according to the City's normal practice before its final passage, and shall be in full force and effect thirty (30) days after its final passage. 3 ATTEST: h aria City Clerk / APPROVED AS% FORM: �~ Fred Galante City Attorney STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) fL Maria 'Teresa Santillan Mayor �mr _f/ City Manager I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 21st day of October, 2008. AYES: COUNCIL MEMBERS CASTRO, FLORES, MORTON, RODRIGUEZ AND SANTILLAN NOES: NONE ABSENT: NONE ABSTAIN: NONE F0 A K I RA, � 1 1 '4710 WIN !i —W— W'd� W - Nfafia QuinoneM—Pftl�yll—erfk7 STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Ordinance No. 1604 on file in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 21St day of October, 2008. Maria Quinonez, City Clerk EXHIBIT A AMENDMENT TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA A Pursuant to Ordinance No. 1605, adopted on October 21, 2008 this Amendment is adopted and incorporated into the Redevelopment Plan for the Redevelopment Project Area A as follows: I. Section XI (or the Section next in order in this Plan, as amended) entitled "Updated Financing Limitations" is hereby added to this Plan for Redevelopment Project Area A to state in its entirety as set forth below: "SECTION XI: UPDATED FINANCING LIMITATIONS A. Definitions. In connection with this Section, the following definitions shall apply: "CRL" shall mean the Community Redevelopment Law of the State of California, constituting Sections 33000 et. seq. of the California Health and Safety Code. "1988 Amended Area" means the area covered by Ordinance No. 1308, adopted on July 19, 1988, which added territory to Redevelopment Project Area A pursuant to the CRL. "1981 Amended Area" means the area covered by Ordinance No. 1111, adopted on December 16, 1980, which added territory to Redevelopment Project Area A pursuant to the CRL. "1976 Amended Area" means the area covered by Ordinance No. 1000, adopted on June 1, 1976, which added territory to the Redevelopment Project Area A, as amended, if at all, by Ordinance No. 1010, adopted on December 7, 1976, which deleted certain properties from Project Area A. "Original Area" means the area covered by: (a) Ordinance No. 945 adopted on July 3, 1973 which adopted the original Redevelopment Plan; (b) Ordinance No. 960, adopted on December 27, 1973, which added territory to Redevelopment Project Area A; (c) Ordinance No. 990, adopted on August 19, 1975, which added territory to Redevelopment Project Area A, (d) Ordinance No. 1000, adopted on June 1, 1976, to the extent said amendment deleted certain properties from Redevelopment Project Area A relating to the areas in subsection (a),(b) and (c) of this definition; and (e) Ordinance No. 1010, adopted on December 7, 1976, to the extent said amendment deleted certain properties from Redevelopment Project Area A to the extent said deleted property relating to (a),(b) and (c) of this definition. "Plan" or 'Redevelopment Plan" shall mean the Redevelopment Plan for Redevelopment Project A, as amended from time to time by the City Council pursuant to: (a) Ordinance No. 945 adopted on July 3, 1973, (b) Ordinance No. 960, adopted on December 27, 1973, (c) by Ordinance No. 990, adopted on August 19, 1975, (d) by Ordinance No. 1000, adopted on June 1, 1976, (e) by Ordinance No. 1010, adopted on December 7, 1976, (f) by Ordinance No. 1111, adopted on December 16, 1980, (g) by Ordinance No. 1308, adopted on July 19, 1988, (h) by Ordinance No. 1406 on December 29, 1994, (i) by Ordinance No. 2186, adopted on February 16, 1999, Q) by Ordinance No. 1504 on March 20, 2001, (k) by Ordinance No. 1539 adopted on December 3, 2003, and (1) by Ordinance No. 1540 on December 3, 2003, as said Plan has otherwise been or may be amended from time to time pursuant to the CRL. B. Current Financing Limitations. Notwithstanding any provision in this Plan or any amendments amending this Plan to the contrary, pursuant to Ordinance No. 1539 adopted by the City Council on December 3, 2003, which eliminated the time limits for incurrence of 5 indebtedness, Ordinance No. 1540 adopted on December 3, 2003 extending certain time limits pursuant to SIB 1045 and Ordinance No. 1604 adopted by the City Council on October 21 , 2008, which extending certain time limits relating to the Plan, the following financing limitations apply the respective areas of the Plan: (1) with respect to the Original Area: a. The time limit for the effectiveness of the Plan: July 10, 2016. b. The time limit to establish loans, advances and indebtedness: eliminated. C. The time limit to pay indebtedness and receive property taxes pursuant to Section 33670 of the CRL: July 10, 2026. (2) with respect to the 1976 Amended Area: a. The time limit for the effectiveness of the Plan: June 1, 2017. b. The time limit to establish loans, advances and indebtedness: eliminated. C. The time limit to pay indebtedness and receive property taxes pursuant to Section 33670 of the CRL: June 1, 2027. (3) with respect to the 1981 Amended Area: a. The time limit for the effectiveness of the Plan: December16. 2021. b. The time limit to establish loans, advances and indebtedness: eliminated. C. The time limit to pay indebtedness and receive property taxes pursuant to Section 33670 of the CRL: December 16, 2031. (4) with respect to the 1988 Amended Area: a. The time limit for the effectiveness of the Plan: July 19, 2029. b. The time limit to establish loans, advances and indebtedness: eliminated. C. The time limit to pay indebtedness and receive property taxes pursuant to Section 33670 of the CRL: July 19, 2039."