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Ordinance No. 10721 2' 3 4 5 6 71 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1072 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING SECTIONS 27.13, 27.15 AND 27.18 OF THE CODE OF THE CITY OF VERNON, CALIFORNIA, 1959, PERTAINING TO THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH WHEREAS, the City Council of the City of Vernon by Ordinance No. 965 declared itself to be the Redevelopment Agency of the City of Vernon; and WHEREAS, the City Council by Ordinance No. 992 approved and adopted the Redevelopment Plan for the Industrial Redevelopment Project for the City of Vernon; and WHEREAS, the City Council by Ordinance Nos. 1026 and 1063 amended the Redevelopment Plan for the Industrial Redevelopment Project; and WHEREAS, Ordinance No. 1034 codified specified sections of Ordinance Nos. 965, 992 and 1026 in a new Article II of Chapter 27 of the Vernon City Code; and WHEREAS, it is necessary to update those sections of said Article II of Chapter 27 affected by the amendments to the Redevelopment Plan for the Industrial Redevelopment Project adopted in Ordinance No. 1063. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: Section 27.13 of the Code of the City of Vernon, California, 1959, is hereby amended in its entirety to read as follows: 1 Sec. 27.13. Adoption of the Redevelopment Plan. 2 The Redevelopment Plan for the Industrial Redevelopment 3 Project was approved and adopted and designated the official 4 Redevelopment Plan for the Industrial Redevelopment Project 5 on November 27, 1990. 6 On July 14, 1998, the Industrial Redevelopment Project 7 was amended to add 30 parcels constituting an additional 8 139.2 acres. 9 The Redevelopment Plan for the First Amendment to the 10 Industrial Redevelopment Project is hereby incorporated 11 herein by reference and made part hereof as if fully set out 12 at length herein. 13 SECTION 3: Section 27.15 of the Code of the City of 14 Vernon, California, 1959, is hereby amended by adding the 15 following immediately after subsection (k): 16 With respect to the Amendment Area, as defined in the 17 Redevelopment Plan for the First Amendment to the Industrial 18 Redevelopment Project, the council has additionally found and 19 determined that: 20 (1) All noncontiguous areas of the Amended Project Area are 21 either blighted or necessary for effective redevelopment 22 and are not included for the purpose of obtaining the 23 allocation of taxes from the area pursuant to Section 24 33670 without substantial justification; 25 (m) The Amended Project Area is predominately urbanized, as 26 defined by subdivision (b) of Section 33320.1; and 27 (n) The time limitation, and the limitation on the number of 28 dollars to be allocated to the Agency that are contained -2- 1 2 3 4 5 6 7 8 9 10 11 12. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in the Amended Redevelopment Plan are reasonably related to the proposed projects to be implemented in the Amended Project Area and to the ability of the Agency to eliminate blight within the Amended Project Area. SECTION 4: Section 27.18 of the Code of the City of Vernon, California, 1959, is hereby amended in its entirety to read as follows: Sec. 27.18. Limitations on the Redevelopment Plan. In accordance with the requirements of the Community Redevelopment Law Reform Act of 1993, and in accordance with the provisions of the Redevelopment Plan for the First Amendment to the Industrial Redevelopment Project, the City Council of the City of Vernon has established the following limitations: (a) With regard to the Original Project Area, as defined in the Redevelopment Plan for the First Amendment to the Industrial Redevelopment Project: (1) In accordance with Health and Safety Code Section 33333.6(a), the time for establishing loans, advances and indebtedness to be paid with the proceeds of property taxes received pursuant to Health and Safety Code Section 33670, to finance in whole, or in part, the redevelopment project shall not exceed November 26, 2010. (2) In accordance with Health and Safety Code Section 33333.6(b), the effectiveness of the Industrial Redevelopment Project, in the -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Original Project Area only, shall terminate on November 27, 2030, after which time the Agency shall have no authority to act except to pay previously incurred indebtedness and to enforce existing covenants, contracts or other obligations. (3) In accordance with Health and Safety Code Section 33333.6(c), except as provided in subdivisions (g) and (h) of Health and Safety Code Section 33333.6, the payment of indebtedness or receipt of property taxes pursuant to Health and Safety Code Section 33670, with respect to the Original Project Area only, after November 27, 2040, is prohibited. (b) With regard to the Amendment Area, as defined in the Redevelopment Plan for the First Amendment to the Industrial Redevelopment Project: (1) In accordance with Health and Safety Code Section 33333.2(a)(1), the time for establishing loans, advances and indebtedness to be paid with the proceeds of property taxes received pursuant to Health and Safety Code Section 33670, to finance in whole, or in part, the redevelopment project shall not exceed July 14, 2018. (2) In accordance with Health and Safety Code Section 33333.2(a)(2), the effectiveness of the -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Industrial Redevelopment Project, in the Amendment Area only, shall terminate on July 14, 2028, after which time the Agency shall have no authority to act except to pay previously incurred indebtedness and to enforce existing covenants, contracts or other obligations. (3) In accordance with Health and Safety Code Section 33333.2(a)(3), the payment of indebtedness or receipt of property taxes pursuant to Health and Safety Code Section 33670, with respect to the Amendment Area only, after July 14, 2043, is prohibited. (c) Application. The limitations established in the Redevelopment Plan for the First Amendment to the Industrial Redevelopment Project may only be amended by amendment of the Redevelopment Plan in the manner required and to the extent permitted by law. SECTION 5: Any ordinance, part of an ordinance, or code section in conflict with this Ordinance is hereby repealed. SECTION 6: If any section, subsection, sentence, clause, or phrase or word of this ordinance is for any reason held to be void or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance; it being the intention of the City Council of the City of Vernon to adopt and pass this ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that one or more of the sections, subsections, clauses, sentences or phrases thereof may -5- 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 be declared void or unconstitutional. SECTION 7: There being no newspaper printed, published or circulated in the City of Vernon, the City Clerk is hereby directed to certify to the passage of this ordinance and shall post the same, or cause the same to be posted, within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, in three (3) of the most public places in the City of Vernon, to wit: the northwest corner of 38th Street and Santa Fe Avenue, the northeast corner of Leonis Boulevard and Pacific Boulevard, and on the bulletin board in the lobby of the City Hall of said City, located at 4305 Santa Fe Avenue, all in the City of Vernon, County of Los Angeles, State of California. SECTION 8: This ordinance shall be in full force and effect thirty (30) days from and after its passage of the same. APPROVED AND ADOPTED this 18tIday of May, , 1999. ATTEST: G BRUCE V. MALKENHORST, City Clerk MM LEONIS C. MkLBURG,FMayor 1 2 Kl 4 5 6 7' 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 STATE OF CALIFORNIA )ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1072, was duly and regularly introduced at a regular', meeting of the City Council of the City of Vernon, held on Tuesday, May 4, 1999, and thereafter finally adopted at a regular meeting of said City Council held on Tuesday, May 18, 11 1999 and thereafter was duly signed by the Mayor of the City of Vernon, by the following vote: (SEAL) AYES: ALL councilmen: Malburg, Ybarra, Davis Gonzales, McCormick NOES: NONE Councilmen: ABSENT: NONE Councilmen: BRUCE V. MALKENHORST, City Clerk -7- SUPPORTING DOCUMENTS CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Teme r, t Wm. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 DAVID B. BREARLEY City Attorney FAX: (626) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 April 29, 1999 City Council City of Vernon Honorable Members: KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 Ordinance No. 1063, adopted in 1998, amended the Redevelopment Plan for the Industrial Redevelopment Project. However, it did not allow for incorporation into the City Code. Ordinance No. 1072 amends Chapter 27 of the City Code to incorporate provisions of the amended Plan. Ordinance 1072 has been reviewed by the Director of Community Services & Water, was prepared by the City Attorney's office in consultation with the Law offices of Kay Reimann, and it is hereby recommended that the Ordinance be approved. Very truly yours, 7 IX4 . Bruce V. Malkenhorst City Clerk BVM:rcm April 29, 1999 TO: Bruce V. Malkenhorst, Executive Director of the Redevelopment Agency FROM: Samuel "Kevin" Wilson, Director of Community Services & Water SUBJECT: REDEVELOPMENT AGENCY AMENDMENT The City Council adopted Ordinance 1063 in 1998 amending the Redevelopment Plan for the Industrial Redevelopment Project. These Ordinances as written did not allow for a simple incorporation into the City Code. The attached ordinance, prepared by the City Attorney's office in consultation with the Law Offices of Kay Reimann, amends Chapter 27 of the City Code to incorporate provisions of the amended plan. It is recommended that Ordinance No. 1072 be adopted at the next City Council Meeting. SKW:ps Attachment cc: City Attorney MEMOS\MEMO.red AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF VERNON ) I, Gloria, J. Orosco, Chief Deputy City Clerk of the City of Vernon, do hereby certify that on the 24th day of May, 1999, I did have posted three (3) copies of: ORDINANCE NO. 1072 - An Ordinance of the City Council of the City of Vernon Amending Sections 27.13, 27.15 and 27.18 of the Code of the City of Vernon, California, 1959, Pertaining to the Redevelopment Agency of the City of Vernon and Repealing all Ordinances or Parts of Ordinances in Conflict Therewith. One in each of the following places, to wit: at the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Blvd., and Pacific Blvd.; and on the bulletin board in the Lobby of the City Hall of the City of Vernon, located at 4305 Santa Fe Avenue, all in said City, there being no newspaper of general circulation printed and published in the City of Vernon. �llL� 6-�' J61n) oria J. Oros Chief Deputy C ty Clerk Date: j'/ / 9 9 SHARON L. DUCKW'OR H COMM. f 1061096 Zemy Notary Public - CaNtomTc LOS ANGELES COUNTY Comm. Expires JUN 9. 1999 Subscribed and sworn to before me this 4 of 1A 5� 1999 Notary Public in and for the County of Los Angeles, State of California CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem Wm. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 DAVID B. BREARLEY City Attorney FAX: (626) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 May 19, 1999 Peter H. Maclearie, President Coded Systems 120 Main Street Avon, New Jersey 07717 Dear Mr. Maclearie: KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 Enclosed herewith is a copy of Ordinance Nos. 1072 & 1074 to be incorporated into the Vernon Municipal Code. Prior to your final incorporation of this supplement, please FAX or mail a draft for our review to ascertain that there are no discrepancies between the actual ordinance and your interpretation of same. We will notify you immediately if we are in concurrence, or of any discrepancies. After final review, forward 55 sets of the supplement to my attention. If you have any questions, please do not hesitate to contact me. Very truly yours, W F VERNON J. osco Dep City Clerk GJO/rcm enclosure