HomeMy WebLinkAboutORD 1286ORD 1286Ä— À HÄ—@¸— Õ Xþ ORDINANCE NO. 1286
AN ORDINANCE OF THE CITY OF BALDWIN PARK,
CALIFORNIA, AMENDING CERTAIN PORTIONS OF THE
REDEVELOPMENT PLANS INCLUDED WITHIN THE
MERGED BALDWIN PARK REDEVELOPMENT PLAN AND
AMENDING THE CENTRAL BUSINESS DISTRICT
REDEVELOPMENT PLAN TO EXTEND CERTAIN TIME
LIMITS APPLICABLE TO THE REDEVELOPMENT PLANS
SB 1096)
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), March 15, 2000 Ord. No. 1157) and
November 19, 2005 Ord. No. 1221), 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), March 15,
2000 Ord. No. 1157) and November 19, 2005 Ord. No. 1221), 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) and November 19, 2005 Ord. No. 1221), respectively the Amended West
Ramona Boulevard Redevelopment Plan");
WHEREAS, the Redevelopment Plan for the Central Business District C.B.D.)
Redevelopment Project was adopted and amended by ordinances of the City Council
on February 3, 1982 Ord. No. 832), January 15, 1995 Ord. No. 1093) and November
19, 2005 Ord. No. 1221), 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) and November 19, 2005 Ord. No. 1221), respectively
the Amended Delta Redevelopment Plan");
ORD 1286Ä— À HÄ—@¸— Õ Xþ Ordinance 1286
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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),
December 15, 1999 Ord. No. 1154) and November 19, 2005 Ord. 1221), respectively
the Amended Sierra Vista Redevelopment Plan");
WHEREAS, the Amended San Gabriel River Redevelopment Plan, the
Amended Puente/Merged 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 sometimes hereinafter referred to as the Redevelopment
Plans;
WHEREAS, pursuant to Health and Safety Code Section 33333.6(a), the
Redevelopment Plans contain a time limit for the effectiveness; and
WHEREAS, pursuant to Health and Safety Code Section 33333.6(b), the
Redevelopment Plans contain a time limit for the payment of indebtedness and receipt
of property taxes;
WHEREAS, the California State Legislature has enacted SB 1096, making
various amendments to the Community Redevelopment Law Health and Safety Code
Section 33000 et seq.);
WHEREAS, Health and Safety Code Sections 33333.6(e)(2)(D) and
33333.6(e)(3), as added by SB 1096, provide that when an agency is required
pursuant to Health and Safety Code Section 33681.12 to make a payment to the
county auditor for deposit in the county's Educational Revenue Augmentation Fund,
the legislative body of the agency may amend, by ordinance, the redevelopment plan
to extend the time limits required pursuant to subdivisions a) and b) of Health and
Safety Code Section 33333.6 by one year for each year in which a payment is made.
In adopting the ordinance, neither the legislative body nor the agency is required to
comply with Health and Safety Code Section 33354.6, Article 12 commencing with
Health and Safety Code Section 33450), or any other provision of the Community
Redevelopment Law relating to the amendment of redevelopment plans;
WHEREAS, Health and Safety Code Section 33333.6 applies only to
redevelopment plans adopted on or before December 31, 1993;
I
ORD 1286Ä— À HÄ—@¸— Õ Xþ Ordinance 1286
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WHEREAS, the Redevelopment Plans were adopted on or before December
31, 1993;
WHEREAS, the Redevelopment Plans contain time limits for effectiveness for
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 C.B.D. Redevelopment
Plan which time limits for effectiveness are more than ten 10) years but less than
twenty 20) years from June 30, 2005 and June 30, 2006. Under Health and Safety
Code Section 33333.6(e)(2)(D)(ii), the Redevelopment Plans may be amended with
respect to the time limit for effectiveness and the time limit for payment of
indebtedness and receipt of property taxes.
WHEREAS, Health and Safety Code Section 33333.6(e)(2)(D) does not apply to
any redevelopment plan if the time limits for the effectiveness of the redevelopment
plan established pursuant to Health and Safety Code Sections 33333.6(a) is more
than twenty 20) years after the last day of the fiscal year in which a payment is made;
WHEREAS, the Amended Sierra Vista Redevelopment Plan contains a time
limit for effectiveness which is more than twenty 20) years from June 30, 2005, and
June 30, 2006, and therefore, the Amended Sierra Vista Redevelopment Plan is not
eligible for the time limits extensions under Health and Safety Code Section
33333.6(e)(2)(D);
WHEREAS, the Community Development Commission of the City of Baldwin
Park the CDC") has made payments pursuant to Health and Safety Code Section
33681.12;
WHEREAS, funds used to make a payment to Los Angeles County's County")
Educational Revenue Augmentation Fund pursuant to Health and Safety Code
Section 33681.12 would otherwise have been used to pay the costs of projects and
activities necessary to carry out the goals and objectives of the Redevelopment Plans;
WHEREAS, CDC and the City Council of the City of Baldwin Park desire to take
advantage of the above mentioned provisions of the Health and Safety Code and
adopt an ordinance to extend the time limits i) on the effectiveness of 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 C.B.D. Redevelopment
Plan and ii) on the time limits for paying indebtedness and receiving property taxes for
the Amended San Gabriel River Redevelopment Plan, the Amended Puente/Merced
Redevelopment Plan, the Amended West Ramona Boulevard Redevelopment Plan,
ORD 1286Ä— À HÄ—@¸— Õ Xþ Ordinance 1286
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the Amended Delta Redevelopment Plan and the Amended C.B.D. Redevelopment
Plan; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have
occurred.
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby finds and determines that all of the
foregoing recitals are true and correct.
SECTION 2. The City Council hereby finds and determines, with respect to 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 C.B.D. Redevelopment
Plan, for fiscal year 2004-2005 and fiscal year 2005-2006, all of the following:
a. During 2004-2005 fiscal year, the Commission, prior to May 10, 2005,
remitted an amount for deposit in the County's Educational Revenue
Augmentation Fund pursuant to Health and Safety Code Section 33681.12.
b. During 2005-2006 fiscal year, the Commission, prior to May 10, 2006,
remitted an amount for deposit in the County's Educational Revenue
Augmentation Fund pursuant to Health and Safety Code Section 33681.12.
c. Funds used to make the payment to the County's Educational Revenue
Augmentation Fund pursuant to Health and Safety Code Section 33681.12
would otherwise have been used to pay the costs of projects and activities
necessary to carry out the goals and objectives of the Redevelopment Plans.
d. CDC is in compliance with the requirements of Health and Safety Code
Section 33334.6, as applicable.
e. CDC has adopted an implementation plan in accordance with the
requirements of Health and Safety Code Section 33490.
f. CDC is in compliance with subdivisions a) and b) of Health and Safety
Code Section 33413, to the extent applicable.
ORD 1286Ä— À HÄ—@¸— Õ Xþ Ordinance 1286
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g. CDC is not subject to sanctions pursuant to subdivision e) of Health and
Safety Code Section 33334.12 for failure to expend, encumber, or disburse an
excess surplus.
SECTION 3. Amendment of Time Limits. Based upon the above findings and
in accordance with Health and Safety Code Sections 33333.6(e)(2)(D) and
33333.6(e)(3), and notwithstanding any other provisions in the Redevelopment Plans,
the City Council hereby amends the Redevelopment Plans by extending the time limits
for plan effectiveness and payment of indebtedness and receipt of property taxes by
two 2) additional years each for 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 C.B.D. Redevelopment Plan only, as stated herein by adoption of
this Ordinance, and thereby establishes the following limitations:
a. Amended San Gabriel River Redevelopment Plan.
1) Plan Effectiveness. The term of plan effectiveness for Amended
San Gabriel River Redevelopment Plan shall expire on December 2,
2019.
2) Repayment of Indebtedness. Subject to the provisions of
paragraphs f) and g) of Health and Safety Code Section 33333.6, no
indebtedness shall be repaid from the division and allocation of taxes to
CDC from Amended San Gabriel River Redevelopment Plan beyond
December 2, 2029.
3) Receipt of Property Taxes. Subject to the provisions of
paragraphs f) and g) of Health and Safety Code Section 33333.6, CDC
shall not receive any allocation of taxes from Amended San Gabriel River
Redevelopment Plan beyond December 2, 2029.
b. Amended Puente/Merced Redevelopment Plan
1) Plan Effectiveness. The term of plan effectiveness for the
Amended Puente/Merced Redevelopment Plan shall expire on August
16, 2021.
2) Repayment of Indebtedness. Subject to the provisions of
paragraphs f) and g) of Health and Safety Code Section 33333.6, no
indebtedness shall be repaid from the division and allocation of taxes to
CDC from the Amended Puente/Merced Redevelopment Plan beyond
August 16, 2031.
ORD 1286Ä— À HÄ—@¸— Õ Xþ Ordinance 1286
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3) Receipt of Property Taxes. Subject to the provisions of
paragraphs f) and g) of Health and Safety Code Section 33333.6, CDC
shall not receive any allocation of taxes from Amended Puente/Merced
Redevelopment Plan beyond August 16, 2031.
c. Amended West Ramona Boulevard Redevelopment Plan
1) Plan Effectiveness. The term of plan effectiveness for the
Amended West Ramona Boulevard Redevelopment Plan shall expire on
September 19, 2022.
2) Repayment of Indebtedness. Subject to the provisions of
paragraphs f) and g) of Health and Safety Code Section 33333.6, no
indebtedness shall be repaid from the division and allocation of taxes to
CDC from the Amended West Ramona Boulevard Redevelopment Plan
beyond September 19, 2032.
3) Receipt of Property Taxes. Subject to the provisions of
paragraphs f) and g) of Health and Safety Code Section 33333.6, CDC
shall not receive any allocation of taxes from Amended West Ramona
Boulevard Redevelopment Plan beyond September 19, 2032.
d. Amended Delta Redevelopment Plan
1) Plan Effectiveness. The term of plan effectiveness for the
Amended Delta Redevelopment Plan shall expire on December 21, 2026.
2) Repayment of Indebtedness. Subject to the provisions of
paragraphs f) and g) of Health and Safety Code Section 33333.6, no
indebtedness shall be repaid from the division and allocation of taxes to
CDC from the Amended Delta Redevelopment Plan beyond December
21, 2036.
3) Receipt of Property Taxes. Subject to the provisions of
paragraphs f) and g) of Health and Safety Code Section 33333.6, CDC
shall not receive any allocation of taxes from Amended Delta
Redevelopment Plan beyond December 21, 2036.
e. Amended C.B.D. Redevelopment Plan
ORD 1286Ä— À HÄ—@¸— Õ Xþ Ordinance 1286
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1) Plan Effectiveness. The term of plan effectiveness for the
Amended C.B.D. Redevelopment Plan shall expire on February 3, 2025.
2) Repayment of Indebtedness; Receipt of Property Taxes. Subject
to the provisions of paragraphs f) and g) of Health and Safety Code
Section 33333.6, no indebtedness shall be repaid from the division and
allocation of taxes to CDC from the Amended C.B.D. Redevelopment
Plan beyond February 3, 2035.
3) Receipt of Property Taxes. Subject to the provisions of
paragraphs f) and g) of Health and Safety Code Section 33333.6, CDC
shall not receive any allocation of taxes from Amended C.B.D.
Redevelopment Plan beyond February 3, 2035.
SECTION 4. Except as amended herein, the Redevelopment Plans shall remain
in full force and effect according to their respective terms.
SECTION 5. All required proceedings and considerations precedent to the
adoption of this ordinance have been regularly taken in accordance with applicable
law.
SECTION 6. The Executive Director of the CDC 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 7. 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 8. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase in this ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
ordinance or any part thereof. The City Council hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
thereof irrespective of the fact that any one 1) or more subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or
ineffective.
SECTION 9. 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.
ORD 1286Ä— À HÄ—@¸— Õ Xþ Ordinance 1286
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PASSED, APPROVED AND ADOPTED this 5th day of July, 2006.
AA L I~10
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ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, ROSEMARY M. GUTIERREZ, Chief 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 June 21, 2006 and thereafter was duly adopted by the
City Council at a regular meeting on July 5, 2006 by the following vote:
AYES: COUNCILMEMBERS: Anthony J. Bejarano, Marlen Garcia, Ricardo
Pacheco, Mayor Pro Tem David J. Olivas and
Mayor Manuel Lozano
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
ROSEMARA. GUTIERREZ O
CHIEF DEPUTY CITY CLERK
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