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HomeMy Public PortalAboutOrd. 1604ORDINANCE NO. 1604 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REVISING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE ALAMEDA PROJECT AREA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(C), 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 the Alameda Project Area (the "Original Plan ") pursuant to Ordinance No. 993 on November 18, 1975, thereby creating the "Alameda Project Area," which encompassed certain area within the City of Lynwood ( "Alameda Area "); 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. 1283 on December 16, 1986, which established certain time limits required by the CRL; (b) by Ordinance No. 1405, on December 29, 1994, which extended certain limits required by the CRL; (c) by Ordinance No. 1408 on December 29, 1994, which extended certain time limits required by the CRL; (d) by Ordinance No. 1541 on December 3, 2003, which eliminated the time limits for incurrence of indebtedness pursuant to Section 33333.6(e)(2) of the CRL as enacted by SB 211; and (e) by Ordinance No. 1542 on December 3, 2003, which extended the life of the plan and time to collect tax increment revenues by one year pursuant to Section 33333.2(c) of the CRL as enacted by SB 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 (enacted by SS 1045) provides that when an agency is required to make a payment to the county's Educational Revenue Augmentation Fund ( "ERAF ") pursuant to Section 33681.9 of the CRL, the legislative body may amend the redevelopment plan by adoption of an ordinance to extend the Redevelopment Plan by one year 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 1045 Amendment "); and WHEREAS, the pursuant to Ordinance No. 1542 adopted on December 3, 2003, the City Council determined to amend the Redevelopment Plan in accordance with the SB 1045 Amendment; provided, however, that, Ordinance No. 1542 inserted the incorrect dates relating to the SB 1045 Amendment; and WHEREAS, the Agency has requested that the City Council correct these dates in conformance with the CRL and restate certain other financing limitations; and WHEREAS, because the Agency made a payment to the County of Los Angeles ERAF pursuant to Section 33681.9 of the CRL, the Agency has proposed that the Redevelopment Plan be amended for the purpose of extending, by one year, 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 from Ordinance Ordinance No. 1408 on December 29, 1994 (the "Amendment "); and WHEREAS, Section 33333.6(e)(2)(C) of the CRL further provides that in adopting the SB 1045 Amendment, neither the legislative body nor the redevelopment agency is required to comply with CRL Section 33354.6 or CRL, 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 and affidavit of publication are 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 the Alameda Area on or before August 15, 2008; 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 revised Amendment to the Redevelopment Plan; and WHEREAS, the Agency has analyzed the provisions of the Redevelopment Plan and the provisions of Health and Safety Code Section 33333.6(e)(2)(C), and has determined that the Redevelopment Plan may be amended as provided herein; and 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 Agency staff has prepared a CEQA Notice of Exemption pursuant to CRC Section 15378(b) (2), (4) and (5) of the CEQA Guidelines; and 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 staff report and documents listed therein 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 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 changes the dates set forth in Ordinance No. 1542 to revise the effectiveness of the Redevelopment Plan to November 18, 2016 and the time to receive tax increment and pay indebtedness to November 18, 2026. Section 4. The Amendment attached hereto as "Exhibit A" 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 the Alameda Area. 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 part of the official Redevelopment Plan for the Alameda Area. 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 authorizes the filing of a Notice of Exemption with the County Clerk of the County of Los Angeles. 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. 2 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. PASSED, APPROVED AND ADOPTED this 21$` day of October, 2008. ATTEST: Maria Quinonez City Clerk APPROVED AS T 7M: Fred alante City Attorney STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS. ) Mari4 T. Santillan Mayor City Manager AS TO CONTENT: 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 Maria Quinonez, "City Clerk 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 (AS AMENDED) FOR THE ALAMEDA PROJECT AREA Pursuant to Ordinance No. 1604 adopted on October 21, 2008 this Amendment is adopted and incorporated into the Redevelopment Plan (as amended) for the Alameda Project Area, as follows: Section 1003 entitled "Duration" of Chapter 10 of the Redevelopment Plan (as amended) for the Alameda Project Area is hereby deleted in its entirety and replaced with the following language: "The covenants in deeds, leases and contracts from or with the Agency, with respect to the Prevention of Discrimination, shall remain in effect in Perpetuity. Other provisions of this Plan shall be effective until November 18, 2016." II. Chapter 13, entitled "Current Limitations" is hereby added to the Redevelopment Plan for the Alameda Project Area to read in its entirety as set forth below: "1301 Definitions. For the purposes of Chapter 13, the following definition shall apply: "Plan" or 'Redevelopment Plan" means the Redevelopment Plan for the Alameda Project Area, as adopted and amended from time to time pursuant to (a) Ordinance No. 993 adopted on November 3, 1975, (b) Ordinance No. 1283 adopted on December 16, 1986, (c) Ordinance No. 1405 adopted on December 29, 1994, (d) Ordinance No. 1408 adopted on December 29, 1994, (e) Ordinance No. 1541 adopted on December 3, 2003 and (f) Ordinance No. 1542 adopted on December 3, 2003 and (g) Ordinance No. 1604, adopted on October 21, 2008. 1302 Current Limitations Related to Effectiveness and Debt. Notwithstanding any provision in this Plan or amendments to this Plan to the contrary, pursuant to Ordinance No. 1541 adopted on December 3, 2003 eliminating the time limits for incurring indebtedness, Ordinance No. 1542 on December 3, 2003, which extended the life of the plan and time to collect tax increment revenues by one year pursuant to SB 1045 and Ordinance No. 1604, adopted on October 21, 2008 revising the life of the plan pursuant to SB 1045, the following limitations apply with respect to the Alameda Project Area: 1. The time limit for the effectiveness of the Plan: November 18, 2016. 2. The time limit to establish loans, advances and indebtedness: eliminated. 3. The time limit to pay indebtedness and receive property taxes pursuant to Section 33670 of the CRL: November 18, 2026." Iv'