HomeMy WebLinkAbout566ORDINANCE NO. 566
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
ELIMINATING THE TIME LIMIT FOR INCURRING INDEBTEDNESS IN THE
REDEVELOPMENT PLAN FOR THE CITY INDUSTRIAL DEVELOPMENT PROJECT
PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)
WHEREAS, the Irwindale Redevelopment Agency ("Agency") is a public body,
corporate and politic, organized and existing pursuant to the Community
Redevelopment Law (Health & Safety Code § 33000 et seg.) (the "CRL"); and
WHEREAS, the City Council of the City of Irwindale adopted the Redevelopment
Plan for the City Industrial Development Project by Ordinance No. 302, adopted on July
19, 1976, as amended by Ordinance No. 316, adopted on August 26, 1977, Ordinance
No. 336, adopted on February 14, 1980, Ordinance No. 411, adopted on December 18,
1986, Ordinance No. 492, adopted o n December 15, 1994, a nd O rdinance No. 554,
adopted on June 28, 2001 (collectively, the 'Redevelopment Plan"), establishing the
City Industrial Development Project; and
WHEREAS, the Redevelopment Plan contains time limits for conducting certain
redevelopment functions pursuant to the CRL, including a time limit on the
establishment of loans, advances, and indebtedness, which was extended pursuant to
Assembly Bill 1290 to January 1, 2004, by Ordinance No. 492; and
WHEREAS, Senate Bill 211 ("SB 211") amended Health & Safety Code Section
33333.6(e)(2) of the CRL, effective January 1, 2002, to allow the City Council to amend
the Redevelopment Plan to eliminate the time limit on the establishment of loans,
advances, and indebtedness by Ordinance; and
WHEREAS, Health & Safety Code Section 33333.6(e)(2), as amended by
SB211, states:
"In adopting this ordinance, neither the legislative body nor the agency is
required to comply with Section 33354.6 or Article 12 (commencing with
Section 33450) or any other provision of this part relating to the
amendment of redevelopment plans, except that the agency shall make
payments to affected taxing entities required by Section 33607.7."
WHEREAS, the City Council desires to amend the Redevelopment Plan to
eliminate the time limit on the establishment of loans, advances, and indebtedness as
authorized pursuant to Health & Safety Code Section 33333.6(e)(2); and
Ordinance No. 566
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE
HEREBY ORDAINS AS FOLLOWS:
Section 1. The City Council hereby finds and declares that the above recitals
are true and correct.
Section 2. The time limit on the establishment of loans, advances, and
indebtedness contained in the Redevelopment Plan is hereby eliminated, pursuant to
the authorization set forth in Health & Safety Code Section 33333.6(e)(2). All conflicting
provisions contained in prior ordinances adopting or amending the Redevelopment Plan
are hereby superseded.
Section 3. Notwithstanding any other provision of this Ordinance to the
contrary, the elimination of the time limit on the establishment of loans, advances, and
indebtedness shall not be construed to affect the validity of any bond, indebtedness, or
other obligation, including any mitigation agreement entered into pursuant to Health and
Safety Code Section 33401, authorized by the City Council or the Agency prior to the
date of this Ordinance, nor to affect the right of the Agency to receive property taxes
pursuant to Health and Safety Code Section 33670, to pay the such bond,
indebtedness, or other obligation.
Section 4. In adopting this Ordinance, neither the City Council nor the Agency
is required to comply with Health & Safety Code Section 33354.6 or Article 12 of the
CRL (commencing with Section 33450) or any other provision of the CRL relating to the
amendment of redevelopment plans.
Section 5.The City Council finds that this amendment to the Redevelopment Plan
is exempt from CEQA pursuant to Sections 15378(b)(2), (4) and (5) of the CEQA
Guidelines, and directs the City Clerk to file the Notice of Exemption with the County
Clerk.
Section 6. Should any portion or provision of this Ordinance be held by a final
judgment of a court of competent jurisdiction to be invalid or unenforceable, the
remaining portions of this Ordinance shall remain in full force and effect. The City
Council hereby declares that it would have passed and adopted this Ordinance and
each portion and provision hereof, irrespective of the fact any one or more of said
portions or provisions be declared invalid or unenforceable.
Section 7. The Mayor shall sign this Ordinance and the Deputy City Clerk shall
cause this Ordinance to be posted as required by law within fifteen (15) days after its
passage, and this Ordinance shall be in full force and effect thirty (30) days after its
passage.
Ordinance No. 566
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PASSED, APPROVED, AND ADOPTED this 10th day of October
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Linda J. Kimbro, Deputy City Clerk of the City of Irwindale, do hereby certify
that the foregoing Ordinance No. 566 was duly introduced at a regular meeting of the
Irwindale City Council held on the 26th day of September 2002, and was duly approved
and adopted at second reading at its regular meeting held on the 10th day of October
2002, by the following vote of the Council:
AYES: Councilmembers: Miranda, Tapia, Garcia, Ramirez, Mayor Breceda
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
AFFIDAVIT OF POSTING
I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 566 adopted by the City Council of the
City of Irwindale at its regular meeting held October 10, 2002, to be posted at the City Hall, Library, and Post Office on October 15,
I
Lin . Kimbro, CMC Dated: October 15, 2002
e City Cie
Ordinance No. 566
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