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HomeMy WebLinkAboutORDINANCES - 12061994 - 94-65 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 ORDINANCE NO. 94-65 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE OAKLEY 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 Oakley Redevelopment Project Area' by Ordinance 89-89, dated December 21, 1989 (the "Redevelopment Plan") establishing the Oakley 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 bellow; and 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 certain time limits in the manner and to the extent set forth in 320OKL.PSO 06/02/94 -1- ` 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 with the Clerk of the Board; and i 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 33333 .6(e) ; and 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 part relating to the amendment of redevelopment plans. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTI 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 ana desirable. The Plan, as adopted by Ordinance No. 89-89 on December 21, 1989, is amended in accordance with .the amendments set forth in the Time Limits Amendment. Sectionl4. 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 3200KL.PSO 06/OV94 -2- i such document shall then constitute the official Plan for the Project Area. i Section 5. To the extent of the amendments set forth in the Time Limits Amendment, this Ordinance amends Ordinance No. 89-89 adopted on December 21, 1989. Section, 6. In accordance with Health and Safety Code Section 3333;3. 6(h) , the Time Limits Amendment shall not be construed toyaffect 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 discribed in this Section 6. SectionJ7 . 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. Section18. 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 19. This Ordinance shall take effect and be in full force from and after thirty (30) days from the date of its final passage. l 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: BOAR MEMBERS: Bishop, Torlak on a d Powers NOES: BOARDMEMBERS: Non ABSENT: BOARDMEMBERS: Smi h and D aulni Tom Powers ,Chair of ATTEST: Phil Batchelor, the Board of Supervisors County Administrator and Clerklof the Board of Supeisors By: --Deputy -3-