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HomeMy WebLinkAboutORDINANCES - 12061994 - 94-62 ' I When Recorded Return to: Goldfarb & Lipman One Montgomery Street Telesis Tower, 23rd Floor San Francisco, CA 94104 Attn: Linda Manhart NO RECORDING FEE PURSUANT TO GOVERNMENT `CODE SECTION 27383 i ORDINANCE NO. 94-62 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA ADOPTING AN AMENDMENT TO THE PLEASANT HILL BART STATION AREA REDEVELOPMENT PLAN PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333 . 6, AND AMENDING RELATED ORDINANCES IN CONNECTION THEREWITH THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, the Board of Supervisors of the County of Contra Costa adopted the Pleasant Hill BART Station Area Redevelopment Plan by Ordinance 84-30, dated July 10, 1984 , as amended by Ordinance 88-58, dated July 19, 1988 (the "Redevelopment Plan") establishing the Pleasant Hill BART Station Area Redevelopment Project Area (the "Project Area") . The legal description of the Project Area is set forth in Exhibit A of the Time Limits Amendment described and incorporated in this Ordinance by reference below; and WHEREAS, the Plan, as amended, contains time limits for conducting certain redevelopment functions meeting the requirements of the Community Redevelopment Law ("CRL") for such time limits in effect as of the date of adoption and amendment of the Plan; and WHEREAS, Chapter 942 of the Statutes of 1993 ("Chapter 94211) amended the CRL effective January 1, 1994 . Among other matters, Chapter 9421adds Health and Safety Code Section 33333 . 6 to the CRL, requiribg the Board of Supervisors to amend the Plan to incorporate !specified new and revised time limits for conducting various redevelopment functions; and WHEREAS, the Contra Costa County Redevelopment Agency (the "Agency") has analyzed the provisions of the Plan and the time limit requirements of Health and Safety Code Section 33333 . 6, and has determined that the Plan must be amended to add or revise certain time'� limits in the manner and to the extent set forth in the staff report prepared in connection with this Ordinance and on file with the Clerk of the Board; and I WHEREAS, the Agency has prepared an amendment to the Plan to add or revise the time limits required by Health and Safety Code Section 33333 . 6 (the "Time Limits Amendment") , a copy of which is on file wih the Clerk of the Board; and WHEREAS, the Board of Supervisors desires to amend the Plan in accordance with the terms of the Time Limits Amendment as authorizediand directed pursuant to Health and Safety Code Section 33333 . 6 (e) ; and I WHEREAS, Health and Safety Code Section 33333 . 6 (e) (2) states: The limitations established in the ordinance adopted pursuant to this section shall apply to the redevelopment plan as if the redevelopment plan had been amended to include those limitation. However, in adopting the ordinance required by this section, neither the legislative body nor the agency is required to comply with Article 12 (commencing with Section 33450) or any other provision of this art relating to the amendment of redevelopment plans. i NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA: Section 1. The Board of Supervisors hereby finds and declares that the above recitals are true and correct. Section 2 . The Time Limits Amendment 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 3 . It is hereby found and determined that the proposed amendments embodied in the Time Limits Amendment are necessary and desirable. The Plan, as adopted by Ordinance No. 84-30 on July 10, 1984 , and as amended by Ordinance No. 88-58 , on July 1988, is amended in accordance with the amendments set forth in the Time Limits Amendment. Section 4 . The Time Limits Amendment is hereby adopted, approved, and designated as part of the official Plan for the Project Area. It is the purpose and intent of the Board of Supervisorsithat the Time Limits Amendment be implemented as part of the Plan 'for the Project Area. The Executive Director of the Agency may prepare a document that incorporates the provisions of the Time Limits Amendment into the existing text of the Plan, and such document shall then constitute the official Plan for the Project Area. i 3200KA.PSO 05/31/94 i 2 T 1 Section 5. To the extent of the amendments set forth in the Time Limits Amendment, this Ordinance amends Ordinance No. 84-30 adopted on July 10, 1984 and Ordinance No. 88-58 adopted on July 10, 1988 . Section 6. In accordance with Health and Safety Code Section 33333 . 6 (h) , the Time Limits Amendment 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 Board of Supervisors or the Agency prior to January 1, 1994 . Nor shall the Time Limits Amendment be construed to affect the right of the Agency to receive property taxes pursuant to Health and Safety Code Section 33670, to pay an indebtedness or other obligation described in this Section 6. Section 7 . The Clerk of the Board is hereby directed to file a copy of the Time Limits Amendment with the minutes of this meeting. A copy of this Ordinance and the Time Limits Amendment shall be transmitted to the Agency and the Agency is vested with the responsibility of implementing the Time Limits Amendment. Section 8 . The Executive Director of the Agency is hereby directed to record the Ordinance and the Time Limits Amendment in compliance with the provisions of Government Code Section 27295. Section 9 . This Ordinance shall take effect and be in full force from and after thirty (30) days from the date of its final passage. The foregoing ordinance was introduced and read before the Board of Supervisors of the County of Contra Costa at a regular meeting held on November 8 ; 1994, and the second reading was held at a regular meeting on December 6 , 1994, where it was finally adopted. Said Ordinance was passed and adopted and ordered published within fifteen (15) days of the date of adoption in the Contra Costa Times, a newspaper of general circulation published in the County of Contra Costa and by the following vote. AYES: BOARDMEMBERS: Bishop, Torlakso and Powers NOES: BOARDMEMBERS: None ABSENT: BOARDMEMBERS: Smith an DeSa lnier i T m Powers ,Chair of ATTEST: Phil Batchelor, the Board of Supervisors County Administrator and Clerklof the Board of S rvlis r l 0 By 3200KA.P50 05/31/94 3