HomeMy WebLinkAboutORDINANCES - 12061994 - 94-64 When Recorded Return to:
Goldfarb & Lipman
One Montgomery Street
Telesis Tower, 23rd Floor
San Francisco, CA 94104
Attn: Linda I Manhart
NO RECORDING FEE PURSUANT TO
GOVERNMENT CODE SECTION 27383
ORDINANCE NO. 94-64
AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA
COSTA ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE BAY
POINT REDEVELOPMENT PROJECT AREA PURSUANT TO HEALTH AND SAFETY
CODE SECTION 33333 .6, AND AMENDING A RELATED ORDINANCE 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 Redevelopment Plan for the Bay Point (formerly
West Pittsburg) Redevelopment Project Area by Ordinance 87-102,
dated December 29, 1987 (the "Redevelopment Plan") establishing
the Bay Point (formerly West Pittsburg) Redevelopment Project
Area (the "Project Area") . The legal description of the Project
Area is setfforth in Exhibit A of the Time Limits Amendment
described and incorporated in this Ordinance by reference below;
and j
WHEREAS{{, the Plan 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 942 adds Health and Safety Code Section 33333 .6 to the
CRL, requiring 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
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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
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WHEREAS, the Agency has prepared an amendment to the Plan to
add or revise the time limits required by Health and Safety Code
Section 33313.6 (the "Time Limits Amendment") , a copy of which is
on file with, 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
authorized and directed pursuant to Health and Safety Code
Section 3333 3 . 6 (e) ; and
WHEREAS, Health and Safety Code Section 33333 .6(e) (2)
states.-
The
tates: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 part relating to the amendment of redevelopment plans.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF CONTRA COSTA:
Sectionll. The Board of Supervisors hereby finds and
declares that the above recitals are true and correct.
Section12. 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 13. 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.
87-102 on December 29, 1987, As 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
Supervisors that 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
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such document shall then constitute the official Plan for the
Project Area.
Section. 5. To the extent of the amendments set forth in the
Time Limits Amendment, this Ordinance amends Ordinance No. 87-
102 adopted on December 29, 1987.
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.
Section17. 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.
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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 heldlon 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 vo e.
AYES: BOARDMEMBERS: Bishop, T rlakso and Powers
NOES: BOARDMEMBERS: None
ABSENT: BOARDMEMBERS: Smith and DeSa Mer
To Powers ,Chair of
ATTEST: Phil Batchelor, the Board of, Supervisors
.: County Administrator and
erk !o Jhe Board of
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