HomeMy WebLinkAboutORD 1221ORD 1221 pT3 (Ìì ä ;ORDINANCE NO. 1221
AN ORDINANCE OF THE CITY OF BALDWIN PARK,
CALIFORNIA, AMENDING THE REDEVELOPMENT
PLANS FOR THE MERGED REDEVELOPMENT PROJECT
AREA AND THE C. B. D. REDEVELOPMENT PROJECT
AREA, PURSUANT TO SUBPARAGRAPHS B) AND C)
OF PARAGRAPH 2) OF SUBDIVISION e) OF SECTION
33332.6 OF THE CALIFORNIA HEALTH AND SAFETY
CODE, REGARDING CERTAIN TIME LIMITS APPLICABLE
TO THOSE REDEVELOPMENT PLANS
WHEREAS, the Redevelopment Plan for the San Gabriel River Redevelopment
Project was adopted and amended by ordinances of the Baldwin Park City Council
City Council") on December 2, 1976 Ord. No. 746), January 15, 1995 Ord. No.
1096), December 15, 1999 Ord. No. 1154), and March 15, 2000 Ord. No. 1157),
respectively, the Amended San Gabriel River Redevelopment Plan");
WHEREAS, the Redevelopment Plan for the Puente/Merced Redevelopment
Project was adopted and amended by ordinances of the City Council on August 16,
1978 Ord. No. 780), June 16, 1982 Ord. No. 839), December 5, 1984 Ord. No. 883).
January 15, 1995 Ord. No. 1095), December 15, 1999 Ord. No. 1154), and March 15,
2000 Ord. No. 1157). respectively the Amended Puente/Merced Redevelopment
Plan");
WHEREAS, the Redevelopment Plan for the West Ramona Boulevard
Redevelopment Project was adopted and amended by ordinances of the City Council
on September 19, 1979 Ord. No. 801), September 19, 1984 Ord. No. 876). January
15, 1995 Ord. No. 1097). December 15. 1999 Ord. No. 1154), March 15 2000 Ord.
No. 1157), respectively the Amended West Ramona Boulevard Redevelopment
Plan");
WHEREAS, the Redevelopment Plan for the C.B.D. Redevelopment Project was
adopted and amended by ordinances of the City Council on February 3, 1982 Ord. No.
832) and January 15, 1995 Ord. No. 1093), respectively the Amended C.B.D.
Redevelopment Plan");
WHEREAS, the Redevelopment Plan for the Delta Redevelopment Project was
adopted and amended by ordinances of the City Council on December 21, 1983 Ord.
No. 868), January 15, 1995 Ord. No. 1094), December 15, 1999 Ord. No. 1154),
March 15, 2000 Ord. No. 1157), respectively the Amended Delta Redevelopment
Plan");
WHEREAS, the Redevelopment Plan for the Sierra Vista Redevelopment Project
was adopted and amended by ordinances of the City Council on July 2, 1986 Ord. No.
947), January 15, 1995 Ord. No. 1098), December 3, 1997 Ord. No. 1128), and
December 15, 1999 Ord. No. 1154), respectively the Amended Sierra Vista
Redevelopment Plan");
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WHEREAS, the Amended San Gabriel River Redevelopment Plan, the Amended
Puente/Merced Redevelopment Plan, the Amended West Ramona Boulevard
Redevelopment Plan, the Amended Delta Redevelopment Plan and the Amended
Sierra Vista Redevelopment Plan were merged into the Redevelopment Plan for the
City of Baldwin Park by ordinance of the City Council, adopted on April 26, 2000 Ord.
No. 1158) the Merged Redevelopment Plan");
WHEREAS, the Merged Redevelopment Plan and the Amended C.B.D.
Redevelopment Plan are hereinafter referred to as the Redevelopment Plans;
WHEREAS, the Redevelopment Plans authorize the collection of tax increment
as provided for in Health and Safety Code section 33670;
WHEREAS, subparagraph B) of paragraph 2) of subdivision e) of Health and
Safety Code section 33333.6 permits the City Council, without complying with any other
provisions relating to the amendment of Redevelopment Plans, except that the agency
shall make the payment to affected taxing agencies required by Health and Safety Code
section 33607.7, to amend the Redevelopment Plans to eliminate the time limit on the
establishment of loans, advances, and indebtedness required by section 33333.6 prior
to January 1,2002;
WHEREAS, subparagraph C) of paragraph 2) of subdivision e) of Health and
Safety Code section 33333.6 as amended by SB 1045 Chapter 260 of 2003 Statutes),
which was effective upon signature by the Governor), permits the City Council, without
complying with any other provisions relating to the amendment of Redevelopment
Plans, including, but not limited to, the requirement to make payments to affected taxing
entities required by Health and Safety Code section 33607.7, to amend the
Redevelopment Plans to extend the time limits required pursuant to subdivisions a) and
b) of Health and Safety Code section 33333.6 by one year by adoption of an ordinance,
without the necessity of compliance with Health and Safety Code section 33450 or any
other provision relating to amendments;
WHEREAS, Health and Safety Code section 33333.6 applies only to
Redevelopment Plans adopted prior to January 1, 1994; and
WHEREAS, the City Council desires to take advantage of above-mentioned
provisions of the Health and Safety Code and adopt an ordinance to eliminate the time
limit on the establishment of loans, advances, and indebtedness as it applies to the
Project Areas and to extend the time limits for the effectiveness of the Redevelopment
Plans and for the Redevelopment Agency of the City of Baldwin Park the Agency") to
pay indebtedness and receive property taxes.
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
DOES HEREBY ORDAIN. AS FOLLOWS:
Section 1. In accordance with subparagraphs B) and C) of paragraph 2) of
subdivision e) of Health and Safety Code section 33333.6, and notwithstanding any
other provision in the Redevelopment Plans, the City Council hereby amends the
Redevelopment Plans as stated herein by adoption of this ordinance, and establishes
the following limitations, subject to all of the provisions of this ordinance:
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A. In accordance with the above-noted subparagraph B), no
loans, advances, or indebtedness to finance, in whole or in part, each
project area established by the Redevelopment Plans to be repaid from
the allocation of taxes described in Health and Safety Code section 33670
shall be established or incurred by the Agency beyond the respective
termination dates of effectiveness of the various Redevelopment Plans, as
set forth in Paragraph B, of this ordinance, below.
B. In accordance with the above noted subparagraph C), the
effectiveness of the Redevelopment Plans shall terminate on the following
dates, respectively:
For the Amended San Gabriel River Redevelopment Plan,
December 2, 2017,
For the Amended Puente/Merced Redevelopment Plan, August 16,
2019,
For the Amended West Ramona Boulevard Redevelopment Plan,
September 19, 2020,
For the Amended C.B.D. Redevelopment Plan, February 3, 2023,
For the Amended Delta Redevelopment Plan, December 21, 2024
and
For the Amended Sierra Vista Redevelopment Plan, July 2, 2027.
After the foregoing times, the Agency shall have no authority to act
pursuant to the Redevelopment Plans, respectively, except to pay
previously incurred indebtedness and to enforce existing covenants and
contracts, unless the Agency has not completed its housing obligations
pursuant to subdivision a) of Health and Safety Code section 33333.8, in
which case the Agency shall retain its authority to implement requirements
under subdivision a) of Health and Safety Code section 33333.8,
including its ability to incur and pay indebtedness for this purpose, and
shall use this authority to complete these housing obligations as soon as it
is reasonably possible.
C. In accordance with subparagraph 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 after ten 10) years from the
respective termination dates of the effectiveness of the Redevelopment
Plans pursuant to Paragraph B. of this ordinance, above.
Section 2. Except as amended herein, the Redevelopment Plans shall remain in
full force and effect according to their terms.
Section 3. All required proceedings and considerations precedent to the
adoption of this ordinance have been regularly taken in accordance with applicable law.
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Section 4. The Executive Director of the Agency shall notify the appropriate
public entities of the adoption of this ordinance, including all taxing entities as defined in
Health and Safety Code Section 33353.2.
Section 5. The limitations established by this ordinance shall apply to the
Redevelopment Plans and may only be amended in the manner required and to the
extent permitted by law.
Section 6. If any provision of this ordinance or the application thereof is held to
be invalid for any reason, the remainder of this ordinance and the application of the
provisions thereof shall not be affected thereby.
Section 7. This ordinance shall be effective thirty 30) days after its adoption and
the City Clerk shall certify to the passage and adoption of this ordinance and shall have
it posted and published in accordance with the provisions of state law.
PASSED, APPROVED AND ADOPTED this 19th day of November, 2003.
/ J^^^ T^ANUEL LOZANO
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF BALDWIN PARK
ss.
I, Kathleen R. Sessman, Deputy City Clerk of the City of Baldwin Park, do hereby
certify that the foregoing Ordinance was introduced at a regular meeting of the City
Council on November 19, 2003 and thereafter was duly adopted by the City Council at a
regular meeting on November 19, 2003 by the following vote:
AYES:
COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
A^kl^^^Q^ S^g^a^) A^
Marlen Garcia, David Olivas, Ricardo Pacheco,
Mayor Pro Tern Bill Van Cleave, and Mayor
ManuelLozano
None
None
None
THLEEN R.^SESGMAN
DEPUTY CITY CLERK
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