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
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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.
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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
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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."