HomeMy Public PortalAboutOrd. 1406ORDINANCE NO. 1406
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, AMENDING THE REDEVELOPMENT PLAN FOR
REDEVELOPMENT PROJECT AREA "A" AND ESTABLISHING CERTAIN
LIMITATIONS FOR THE REDEVELOPMENT PLAN PURSUANT TO THE
COMMUNITY REDEVELOPMENT LAW REFORM ACT OF 1993 (ASSEMBLY
BILL 129,0) AND DECLARING THE URGENCY THEREOF
` WHEREAS, the Redevelopment Plan for the Redevelopment Project
Area "A" was approved and adopted by the City Council of the City
of Lynwood on July 10, 1973 by Ordinance No. 945, (hereinafter
ref erred. to ~as the "Original Project Area"); and such plan was
amended on December 27, 1973 by Ordinance No.960, approving and
adopting the First Amendment to the Redevelopment Plan (the "First
Amendment"), which, among other things, added territory to the
Redevelopment Project (the "Territory Added by the First
_ Amendment"); August 19, 1975, by Ordinance No. 990, approving and
adopting the Second Amendment to the Redevelopment Plan (the
"Second Amendment"), which, among other things, added territory to
.the Redevelopment Project (the "Territory Added by the Second
Amendment"); June 1, 1976, by Ordinance No. 1000, approving and
adopting the Third Amendment to the Redevelopment Plan (the "Third
Amendment"), which, among other things, added territory to the
Redevelopment Project (the "Territory Added by the Third.
Amendment"); December 7, 1976 by Ordinance No. 1010; December 16,
1980, by Ordinance No. 1111, approving and adopting the Fifth
Amendment to the Redevelopment Plan (the "Fifth Amendment"), which,
among other things, added territory to the Redevelopment Project
(the "Territory Added by the Fifth Amendment"); and July 19, 1988
by Ordinance No. ;1308 approving and adopting the Sixth Amendment to
the Redevelopment Plan (the "Sixth Amendment"), which, among other.
things, added territory to the Redevelopment Project (the
n_,...,,._~_~ W ._. _ "Territory,_ Added__by the_Sixth_Amendment") ;.,(.hereinafter-r-eferred. to-
collectively as the "Redevelopment Plan for Redevelopment Project
"~ Area A"); and
WHEREAS, in 1993 the California State Legislature enacted the
Community Redevelopment Reform Act of 1993 (AB 1290), making
various amendments to the Community Redevelopment. Law (Health and
Safety Code .Section 33000, et sea-), which became effective on
January 1, 1994; and
WHEREAS, Health and Safety Code Section 33333.6 expressly
provides that certain restrictions and limitations be imposed by
way of ordinance. for each redevelopment plan adopted prior to
December 31, 1993 and that such ordinance shall be deemed to
constitute an amendment of the redevelopment plan without the
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necessity of compliance with Health and Safety Code Section 33450
or any other provision of the Community Redevelopment Law relating
to amendment;
WHEREAS, Health and Safety Code Section 33333.6 expressly
requires .that each such redevelopment plan adopted prior to
December 31, 1993, contain the subject restrictions and
limitations, which must be imposed by ordinance prior to December
31, 1994;
WHEREAS, the City Council of the City of Lynwood hereby finds
and declares that insufficient time is available for the adoption
of a non-urgency ordinance (including a second reading of the
ordinance) by the December 31, 1994 time period prescribed by AB
.1290; and
WHEREAS, based upon such insufficient time, the City Council
hereby finds and declares that a need presently exist to adopt this
ordinance as an "urgency ordinance" in order to comply with the
requirements of AB 1290.
NOW, THEREFORE, the City Council of the City of Lynwood does
ordain as follows:
Section 1. Amendment- of the Redevelopment Plan for
Redevelopment_Proiect Area. _'!A!' with Respect to the Original Project
Area. In accordance with the requirements of the Community
Redevelopment Law Reform Act of 1993, and notwithstanding any other
provision in the Redevelopment Plan for Redevelopment Project Area,
"A", the City Council hereby establishes the following limitations.
for Redevelopment Project Area "A" with respect to the Original
Project Area, subject to all of the provisions of this Ordinance
and further subject to Health and Safety Code Section 33333.6 (g)
and (h):
_ A. _ _In ,accordance wth__ ,Health. .and Safety _. Code.. Section
33333.6(a), the time for establishing loans, advances and
indebtedness to be paid with the proceeds of property taxes
received pursuant to Health and Safety Code Section 33670, to
finance, in whole or in part, Redevelopment Project Area "A" with
respect to the Original Project Area, shall not exceed January 1,
- 2004. As provided in Health and Safety Code Section 33336.(a),
this limit, however, shall not prevent the Lynwood Redevelopment
Agency ("Agency") from incurring debt to be paid from the Low and
Moderate Income Housing Fund or establishing more debt in order to
fulfill the Agency's housing obligations under Health and Safety
Code Section 33413, nor shall this limit prevent the Agency from
refinancing, refunding, or restructuring indebtedness after the
time limit if the indebtedness is not increased and the time during
which the indebtedness in to be repaid does not exceed the date on
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which the indebtedness would have been paid. This time limit may
.also be extended by amendment of the Redevelopment Plan for
Redevelopment Project Area "A" Original Project Area, after the
Agency makes the findings required by subdivisions (a)(2)(A) and
(a) (2) (B) of Health and Safety Code Section 33333.6. However, this
amended time limit may not exceed July 10, 2013.
B. In accordance with Health and Safety Code Section
33333.6(b), the effectiveness of the Redevelopment Plan for
Redevelopment Project Area "A" with respect to the Original Project
Area, shall terminate July 10, 2013, after which time the Agency
shall have no authority to act pursuant to the Redevelopment Plan
for Redevelopment Project Area "A" with respect to the Original
Project Area, except to pay previously incurred indebtedness and to
'enforce existing covenants, contracts or other obligations.
C. In accordance with Health and Safety Code Section.
33333.6(c), except as provided in subdivisions (g) and (h) of
Health and Safety Code Section 33333.6, the Agency shall not pay
indebtedness or receive property taxes pursuant to Health and
Safety Code Section 33670 with respect to Redevelopment Project
Area "A" Original Project Area after July 10, 2023.
Section 2. Amendment of the Redevelopment Plan for
Redevelopment Project Area "A", with Respect to the Territory Added
by the First Amendment. In accordance with the requirements of the
Community Redevelopment Law Reform Act of 1993, and notwithstanding
any other provision in the Redevelopment Plan for Redevelopment
Project Area ''A" with. respect to the Territory Added by the First
Amendment, the City Council hereby establishes the following
limitations for the Redevelopment Project Area "A" with respect to
the Territory Added by the First Amendment, subject to all of the
provisions of this Ordinance and further subject to Health and
Safety Code Section 33333.6 (g) and (h):
_ A. . _ In accordance _ with. Health _ _and Safety -Code . ,Section
33333.6(a), the time for establishing loans, advances and
` indebtedness to be paid with the proceeds of property taxes
received pursuant to Health and Safety Code Section 33670, to
finance in whole, or in part, Redevelopment Project Area "A" with
respect to the Territory Added by the First Amendment, shall not
exceed January 1, 2004. As provided in Health and Safety Code
Section 33333.6(a) this limit, however, shall not prevent the
Agency from incurring debt to be paid from the Low and Moderate
Income Housing Fund or establishing more debt in order to fulfill
the Agency's housing obligations under Health and Safety Code
- Section 33413, nor shall this limit prevent the Agency from
refinancing, refunding, or restructuring indebtedness after the
time limit if the indebtedness is not increased and the time during
which the indebtedness is to be repaid does not exceed the date on
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which the indebtedness would have been paid. This time limit may
also be extended by amendment of the Redevelopment Plan for
Redevelopment Project Area "A" with respect to the Territory Added
by the First Amendment, after the Agency makes the findings
required by subdivisions (a)(2)(A) and (a)(2)(B) of Health and
Safety Code Section 33333.b. However, this amended time limit may
not exceed December 27, 2013.
B. In accordance with Health and Safety Code Section
33333.6(b), the effectiveness of the Redevelopment Plan for
Redevelopment Project.Area "A" with respect to the Territory Added
by the First Amendment, shall terminate December 27, 2013, after
which time the Agency shall have no authority to act pursuant to
-the Redevelopment Plan for Redevelopment Project Area "A" with
respect to the Territory Added by the First Amendment, except to
pay. previously incurred indebtedness and to enforce existing
covenants, contracts or other obligations.
C. In accordance with Health and Safety Code Section
33333.6(c), except as provided in subdivisions (g) and (h) of
Health and Safety Code Section 33333.6, the Agency shall not pay
indebtedness or receive property taxes pursuant to Health and
Safety Code Section 33670 with respect to Redevelopment Project
Area "A" First Amendment after December 27, 2023.
Section 3. Amendment of the Redevelopment Plan for
Redevelopment Proi ect_ Area. "A" , .with Respect to the Territory Added
by-the Second Amendment. In accordance with the requirements of
the Community Redevelopment Law Reform Act of 1993, and
notwithstanding any other provision in the Redevelopment Plan for
Redevelopment Project Area "A" with respect to the Territory Added
by the Second Amendment, the City Council hereby establishes the
following limitations for the Redevelopment Project Area "A" with
respect to the Territory Added by the Second Amendment, subject to
all of the provisions of this Ordinance and further subject to
Health and Safety Code Section, 333.33.6. (g) and. (h)
A. In accordance with Health and Safety Code Section
33333.6(a), the time for establishing loans, advances and
indebtedness to be paid with the proceeds of property taxes
received pursuant to Health and Safety Code Section 33670, to
finance in whole, or in part, Redevelopment Project Area "A" with
respect to the Territory Added by the Second Amendment, shall not
exceed January 1, 2004. As provided in Health and Safety Code
Section 33333.6(a) this limit, however, shall not prevent the
Agency from incurring debt to be paid from the Low and Moderate
Income Housing Fund or establishing more debt in order to fulfill
the Agency's housing obligations under Health and Safety Code
Section 33413, nor shall this limit prevent the -Agency from
refinancing, refunding, or restructuring indebtedness after the
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-time limit if the indebtedness is not increased and the time during
which the indebtedness is to be repaid does not exceed the date on
which the indebtedness would have been paid. This time limit may
also be extended by amendment of the Redevelopment Plan for
Redevelopment Project Area "A" with respect to the Territory Added
by the Second Amendment, after the Agency makes the findings
required by subdivisions (a)(2)(A) and (a)(2)(B) of Health and
Safety Code Section 33333.6. However, this amended time limit may
not exceed January 1, 2014..
B. In accordance with Health and Safety Code Section
33333.6(b), the effectiveness of the Redevelopment Plan for
Redevelopment Project Area "A" with respect to the Territory Added
by the Second Amendment, shall terminate August 19, 2015, after
which time the Agency shall have no authority to act pursuant to
the. Redevelopment Plan for Redevelopment Project Area "A" with
respect to the Territory Added by the Second Amendment, except to
-pay previously incurred indebtedness and to enforce existing
covenant's, contracts or other obligations.
C. In accordance with Health and Safety Code Section
33333.6(c}, except as provided in subdivisions (g) and (h) of
Health and Safety Code Section 33333.6, the Agency shall not pay
indebtedness or receive property taxes pursuant to Health and
Safety Code Section 33670 with respect to Redevelopment Project
Area "A" Second Amendment after August 19, 2025.
Section 4. Amendment of the Redevelopment Plan for
Redevelopment Project-Area "A", with Respect to the Territory. Added
by the Third Amendment. In accordance with the requirements of the
Community Redevelopment Law Reform Act of 1993, and notwithstanding
any other provision in the Redevelopment Plan for Redevelopment
Project Area "A" with respect to the Territory Added by the Third
.Amendment, the City Council hereby establishes the following
limitations for Redevelopment Project Area "A" with respect to the
Territory Added by the Third Amendment, subject to all of the
provisions of this Ordinance and further subject to Health and
Safety Code Section 33333.6 (g) and (h):
A. In accordance with Health and Safety Code Section
33333.6(x), the time for establishing loans, advances and
.indebtedness to be paid with the proceeds of property taxes
received pursuant to Health and Safety Code Section 33670, to
finance in whole, or in part, Redevelopment Project Area "A" with
respect to the Territory Added by the Third Amendment, shall not
exceed January 1, 2004. As provided in Health and Safety Code
Section 33333.6(x) this limit, however, shall not prevent the
Agency from incurring debt to be paid from the Low and Moderate
.Income Housing Fund or establishing more debt in order to fulfill
the Agency's housing obligations under Health and Safety Code
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Section 33413, nor shall this limit prevent the Agency from
refinancing, refunding, or restructuring indebtedness after the
time limit if the indebtedness is not increased and the time during
which the indebtedness is to be repaid does not exceed the date on
which the indebtedness would have been paid. This time limit may
also be extended by amendment of the Redevelopment Plan for
Redevelopment Project Area "A" with respect to the Territory Added
by the Third Amendment, after .the Agency makes the findings
required by subdivisions (a)(2)(A) and (a)(2)(B) of Health and
Safety'Code Section 33333.6. However, this amended time limit may
not exceed January 1, 2014.
B. In accordance with Health and Safety Code Section
33333.6(b), the effectiveness of the Redevelopment Plan for
Redevelopment Project Area "A" with respect to the Territory Added
by the Third Amendment, shall terminate June 1, 2016, after which
time the Agency shall .have no authority to act pursuant to the
Redevelopment Plan for Redevelopment Project Area "A" with respect
to the Territory Added by the Third Amendment, except to pay
previously incurred indebtedness and to enforce existing covenants,
contracts or other obligations.
C. In accordance with Health and Safety Code Section
33333.6(c), except as provided in subdivisions (g) and (h) of
Health and Safety Code Section 33333.6, the Agency shall not pay
indebtedness or receive property taxes pursuant to Health and
Safety Code Section 33670 with respect to Redevelopment Project
Area "A" Third. Amendment after June 1, 2026.
Section 5. Amendment of the Redevelopment Plan for
Redevelopment Project Area "A", with Respect to the Territory Added
by the Fifth Amendment. In accordance with the requirements of the
Community Redevelopment Law Reform Act of 1993, and notwithstanding
any other provision in the Redevelopment Plan for Redevelopment
Project Area "A" with respect to the Territory Added by the Fifth
Amendment, the City Council hereby establishes the following
limitations for Redevelopment Project Area "A" with respect to the
Territory Added by the Fifth Amendment, subject to all of the
provisions of this Ordinance and further subject to Health and
Safety Code Section 33333.6 (g) and (h):
A. In accordance with Health and Safety Code Section
33333.6(a), the time for establishing loans, advances and
indebtedness to be paid with the proceeds of property taxes
received pursuant to Health and Safety Code Section 33670, to
finance in whole, or in part, Redevelopment Project Area "A" with
respect to the Territory Added by the Fifth Amendment, shall not
exceed January 1, 2004. As provided in Health and Safety Code
Section 33333.6(a) this limit, however, shall not prevent the
Agency from incurring debt to be paid from the Low and Moderate
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Income Housing Fund or establishing more debt in order to fulfill
the Agency's housing obligations under Health and Safety Code
Section 33413, nor shall this limit prevent the Agency from
refinancing, refunding, or restructuring indebtedness after the
time limit if the indebtedness is not increased and the time during
which the indebtedness is to be repaid does not exceed the date on
which the indebtedness would have been paid. This time limit may
also be extended by amendment of the Redevelopment Plan for
Redevelopment Project Area "A" with respect to the Territory Added
by the Fifth Amendment, after the Agency makes the findings
required by subdivisions (a)(2)(A) and (a)(2)(B) of Health and
Safety Code Section 33333.6. However, this amended time limit may
not exceed January 1, 2014.
B. In accordance with Health and Safety Code Section
33333.6(b), the effectiveness of the Redevelopment Plan for
Redevelopment Project Area "A" with respect to the Territory Added
by the Fifth Amendment, shall terminate December 16, 2020, after
which time the Agency shall have no authority to act pursuant to
the Redevelopment Plan for Redevelopment Project Area "A" with
respect to the Territory Added by the Fifth Amendment, except to
pay previously incurred indebtedness and to enforce existing
covenants, contracts or other obligations.
C. In accordance with Health and Safety Code Section
33333.6(c), except as provided in subdivisions (g) and (h) of
Health and Safety Code Section 33333.6, the Agency shall not pay
indebtedness or receive property taxes pursuant to Health and
Safety Code Section 33670 with respect to Redevelopment Project
Area "A" Fifth Amendment after December 16, 2030.
Section 6. Amendment of the Redevelopment Plan for
Redevelopment Project Area "A", with Respect to the Territory Added
by the Sixth Amendment. In accordance with the requirements of the
Community Redevelopment Law Reform Act of 1993, and notwithstanding
any other provision in the Redevelopment Plan for Redevelopment
Project Area "A" with respect to the Territory Added by the Sixth
Amendment, the City Council hereby establishes the following
limitations for the Redevelopment Project Area "A" with respect to
the Territory Added by the Sixth Amendment, subject to all of the
provisions of this Ordinance and further subject to Health and
Safety Code Section 33333.6 (g) and (h):
A. In accordance with Health and Safety Code Section
33333.6(a), the time for establishing loans, advances and
indebtedness to be paid with the proceeds of property taxes
received pursuant to Health and Safety Code Section 33670, to
finance in whole, or in part, Redevelopment Project Area "A" with
respect to the Territory Added by the Sixth Amendment, shall not
exceed July 19, 2008. As provided in Health and Safety Code
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'Section 333336(a) this limit, however,. shall not prevent the
Agency from incurring debt to be paid from the Low and Moderate
Income Housing Fund or establishing more debt in order to fulfill
the Agency's housing obligations under Health and Safety Code
Section 33413, nor shall this limit prevent the Agency from
refinancing, refunding, or restructuring indebtedness after the
time limit if the indebtedness is not increased and the time during
which the indebtedness is to be repaid does not exceed the date on
which the indebtedness would have been paid. This time Limit may
also be extended by amendment of the Redevelopment Plan for
Redevelopment Project Area "A" with respect to the Territory Added
by the Sixth Amendment, after the Agency makes the findings
required by subdivisions (a)(2)(A) and (a)(2)(B) of Health and
Safety Code Section 33333.6. However, this amended time limit may
not exceed July 19, 2018.
B. In accordance with Health and Safety Code Section
33333.6(b), the effectiveness of the Redevelopment Plan for
Redevelopment Project Area "A" with respect to the Territory Added
by the Sixth Amendment, shall terminate July 19, 2028, after which
time the Agency shall have no authority to act pursuant to .the
Redevelopment Plan for Redevelopment Project Area "A" with respect
to the Territory Added by the Sixth Amendment, except to pay
previously incurred indebtedness and to enforce existing covenants,
contracts or other obligations.
C. In accordance with Health and Safety Code Section
33333.6(c), except as provided in subdivisions (g) and (h) of
Health. and Safety Code Section 33333.6, the Agency shall not pay
indebtedness or receive property taxes pursuant to Health and
Safety Code Section 33670 with respect to the Redevelopment Project
Area."A" Sixth Amendment after July 19, 2038.
Section 7. Application. The limitations established in this
ordinance shall apply to the Redevelopment Plan for Redevelopment
Project Area "A" and may only be amended in the manner required and
to the extent permitted by law:
Section 8. The Mayor of the
Clerk shall attest to the passage of
shall be effective immediately upo
expiration of fifteen (15) days from
Clerk., shall cause this ordinance
required by law.
City shall sign and the City
this ordinance. The ordinance
n its adoption. Prior to the
the adoption hereof, the City
to be published or posted as
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I hereby certify that the foregoing ordinance was passed by
the' City Council of the City of Lynwood, at its meeting
of December 29, 1994
ANDREA L. HOOPER, City Clerk
Approved
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LOUIS BYRD, Ma or