Bill Text: CA AB2065 | 2009-2010 | Regular Session | Amended
Bill Title: Redevelopment Agency of the City of Downey: plan
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-05-28 - In committee: Set, second hearing. Held under submission. [AB2065 Detail]
Download: California-2009-AB2065-Amended.html
BILL NUMBER: AB 2065 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 3, 2010
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Members Charles Calderon and DeB LaB Torre
FEBRUARY 18, 2010
An act to add Section 33320.6 to the Health and Safety Code,
relating to redevelopment , and declaring the urgency thereof,
to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
AB 2065, as amended, Charles Calderon. Redevelopment Agency of the
City of Downey: plan amendment.
The Community Redevelopment Law authorizes the establishment of
redevelopment agencies in communities in order to address the effects
of blight, as defined, in those communities and requires those
agencies to prepare, or cause to be prepared, and approve a
redevelopment plan for each project area. Existing law authorizes the
legislative body to amend or modify the plan by ordinance upon the
recommendation of the agency and establishes procedural requirements
and restrictions related to amendment of the plan.
Section 16 of Article XVI of the California Constitution
authorizes a redevelopment agency to receive funding through tax
increments attributable to increases in assessed property tax
valuation of property in a project area due to the redevelopment. Not
less than 20% of tax increments generated from a project area are
required to be used by a redevelopment agency to increase and improve
the community's supply of low- and moderate-income housing.
Redevelopment agencies also are required in specified years to remit
an amount of revenue for deposit in various funds for allocation to
school entities.
This bill would authorize the redevelopment agency of the City of
Downey to add described territory to a redevelopment project area
within the city upon the adoption of an ordinance adopted by the city
council that contains specified time limitations and restrictions.
The bill would exempt the adoption of the amendment of the
redevelopment plan to add the specified territory of the City of
Downey from various requirements. The bill would authorize the agency
to subordinate to bonded debt the amount required to be paid to an
affected school entity upon a finding that the agency will have
sufficient funds available to pay both the bonded debt payments and
the required payments. The bill would provide that
these provisions become operative on or after January 1, 2012, if the
City of Downey finds and declares that Tesla Motors has not
constructed a manufacturing operation in the described territory.
The bill would make a legislative declaration regarding the need
for a special statute.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) It is the intent of the Legislature to encourage
and allow the redevelopment of certain property in the City of Downey
for job creation and the increase of the community and region's
economic base adjacent to that property.
(b) The Legislature finds and declares that extraordinary measures
are required in order to address the current economic recession and
the unusually high unemployment rate. The amendment of the territory
specified in this act to a project area of the City of Downey will
create 1,200 new clean-tech and career-ladder jobs, encourage green
technology production, and further stimulate economic revitalization
in the region.
SEC. 2. Section 33320.6 is added to the Health and Safety Code, to
read:
33320.6. (a) (1) The redevelopment agency within the City of
Downey may add the following territory consisting of two parcels to a
redevelopment project area within the city:
(A) Those portions of Lot 2 and Lot 3 of fractional Section 10,
Township 3 South, Range 12 West, in the Rancho Santa Gertrudes,
together with a portion of the southwest quarter of said fractional
Section 10, in the City of Downey, County of Los Angeles, State of
California as recorded in book 1, page 502 of miscellaneous records,
recorded in the office of the county recorder of said county,
described as follows:
Beginning at a point in the northerly line of said Lot 2 in the
northwest quarter of fractional Section 10, said line also being the
northerly line of Stewart and Gray Road, 80 feet wide, distant
thereon south 89*52'14" west 646.51 feet from the northeast corner of
said Lot 2; thence on a line between said point of beginning and the
southwest corner of the southeast quarter of the northeast quarter
of the southwest quarter of fractional Section 10, south 00*13'16"
west 1011.24 feet to the true Point of Beginning; thence south 89*48'
11" west 1194.23 feet to a point in a line that is parallel with and
distant southeasterly 40.00 feet, measured at right angles, from the
centerline of Lakewood Boulevard, as shown on county Surveyors B
Series Map No. 1147, on file in the office of the county engineer of
said county; thence south 3141'38" 31*41'
38" west, along said parallel line, a distance of
1437.27 feet to a point in a line that is parallel with and distant
easterly 40.00 feet, measured at right angles, from the centerline of
Clark Avenue as shown on said county Surveyors B Series Map No.
1147; thence south 00*03'38" west, along last said parallel line, a
distance of 485.49 feet; thence north 90*00'00" east 859.79 feet to
the beginning of a tangent curve concave northwesterly and having a
radius of 600.00 feet; thence northeasterly along said curve through
a central angle of 18*48'42", a distance of 197.00 feet to the
beginning of a compound curve concave northwesterly and having a
radius of 82.00 feet; thence northeasterly along said curve through a
central angle of 59*12'23", a distance of 84.73 feet to the
beginning of a reverse curve concave southeasterly and having a
radius of 398.00 feet; thence northeasterly along said curve through
a central angle of 78*01'06", a distance of 541.95 feet; thence north
90*00'00" east 321.62 feet to the beginning of a tangent curve
concave southwesterly and having a radius of 418.00 feet; thence
southeasterly along said curve through a central angle of 17*39'05",
a distance of 128.78 feet to said line between the point of beginning
and the southwest corner of the southeast quarter of the northeast
quarter of the southwest quarter of fractional Section 10; thence
north 00*13'16" east, along said line, a distance of 1324.18 feet to
the true Point of Beginning.
Containing an area of 2,550,976 square feet, more or less.
(B) That portion of Lot 2 in the northwest quarter of fractional
Section 10, Township 3 South, Range 12 West, in the Rancho Santa
Gertrudes, together with a portion of the southwest quarter of said
fractional Section 10, in the City of Downey, County of Los Angeles,
State of California as recorded in book 1, page 502 of miscellaneous
records, recorded in the office of the county recorder of said
county, described as follows:
Beginning at a point in the northerly line of said Lot 2 in the
northwest quarter of fractional Section 10, said line also being the
northerly line of Stewart and Gray Road, 80 feet wide, distant
thereon south 89*52'14" west 646.51 feet from the northeast corner of
said Lot 2; thence on a line between said point of beginning and the
southwest corner of the southeast quarter of the northeast quarter
of the southwest quarter of fractional Section 10, south 00*13'16"
west 1100.59 feet to the true Point of Beginning; thence at right
angles to the easterly line of said Lot 2, said easterly line also
being the centerline of Bellflower Boulevard, north 89*52'23" east
613.20 feet to a point in a line that is parallel with and distant
westerly 40.00 feet, measured at right angles, from said easterly
line of Lot 2; thence south 00*07'37" east, along said parallel line,
a distance of 222.54 feet to the intersection of said parallel line,
with a line that is parallel with and distant westerly 40.00 feet,
measured at right angles, from the easterly line of said southwest
quarter of said fractional Section 10; thence south 00*04'17" east,
along last said parallel line, a distance of 1225.63 feet to a line
that is parallel with and distant northerly 96.00 feet, measured at
right angles, from the southerly line of said northeast quarter of
the southwest quarter of fractional Section 10; thence south 89*51'04"
west, along last said parallel line, a distance of 238.81 feet to
the beginning of a tangent curve concave northeasterly and having a
radius of 252.00 feet; thence northwesterly along said curve through
a central angle 49*21'31", a distance of 217.09 feet to the beginning
of a reverse curve concave southwesterly and having a radius of
418.00 feet; thence northwesterly along said curve through a central
angle of 31*33'30", a distance of 230.23 feet to said line between
the point of beginning and the southwest corner of the southeast
quarter of the northeast quarter of the southwest quarter of
fractional Section 10; thence north 00*13'16" east, along said line,
a distance of 1234.83 feet to the true Point of Beginning.
Containing an area of 857,497 square feet, more or less.
(2) The Legislature hereby finds and conclusively determines that
the area described in paragraph (1) is predominantly urbanized and
blighted territory, as defined in Sections 33030 and 33031.
(3) Notwithstanding any other law, if the agency exercises the
authority specified in paragraph (1), the amendment of the
redevelopment plan to add the above described territory shall not be
subject to the legal requirements of this chapter and shall only be
subject to the procedures as provided in this section.
(b) The agency may exercise its authority pursuant to subdivision
(a) upon an ordinance adopted by the city council that contains all
of the following:
(1) A limitation on the number of dollars of taxes that may be
divided and allocated for the added area to the redevelopment agency.
The limitation shall require that the agency may only collect
tax increment funds to repay the City of Downey and its
general fund an amount not to exceed thirty million dollars
($30,000,000) of the tax increment funds allocated to the added
territory described in paragraph (1) of subdivision (a), after
allocating 20 percent of that revenue pursuant to Section 33334.2,
for the purpose of reimbursing the City of Downey for rental property
expenses in the added territory. Taxes shall not be
divided and shall not be allocated to the redevelopment agency
beyond this limitation, except by amendment of the redevelopment plan
pursuant to Section 33354.6, or as necessary to comply with
subdivision (a) of Section 33333.8.
(2) (A) A time limitation on the establishing of loans, advances,
and indebtedness to be paid with the proceeds of property taxes
received pursuant to Section 33670 to finance in whole or in part the
redevelopment in the added area, which may not exceed 20 years from
the effective date of the ordinance specified in subdivision (b),
except by amendment of the redevelopment plan as authorized by
subparagraph (B). The loans, advances, or indebtedness may be repaid
over a period of time longer than the time limit as provided in this
section. No loans, advances, or indebtedness to be repaid from the
allocation of taxes shall be established or incurred by the agency
beyond this time limitation, except as necessary to comply with
subdivision (a) of Section 33333.8.
(B) The time limitation established by subparagraph (A) may be
extended only by amendment of the redevelopment plan after the agency
finds, based on substantial evidence, that: (i) substantial blight
remains within the project area, (ii) the blight cannot be eliminated
without the establishment of additional debt, and (iii) the
elimination of blight cannot reasonably be accomplished by private
enterprise acting alone or by the legislative body's use of financing
alternatives other than tax increment financing. However, this
amended time limitation may not exceed 30 years from the effective
date of the ordinance specified in subdivision (b), except as
necessary to comply with subdivision (a) of Section 33333.8.
(3) A time limit, not to exceed 30 years from the effective date
of the ordinance specified in subdivision (b), on the effectiveness
of the redevelopment plan with respect to the added area. After the
time limit on the effectiveness of the redevelopment plan, the agency
shall have no authority to act pursuant to the redevelopment plan
except to pay previously incurred indebtedness, comply with
subdivision (a) of Section 33333.8, and enforce existing covenants or
contracts.
(4) A time limit, not to exceed 45 years from the effective date
of the ordinance specified in subdivision (b), with respect to
the added area, to repay indebtedness with the proceeds of
property taxes received pursuant to Section 33670. After the time
limit established pursuant to this paragraph, an agency may not
receive property taxes pursuant to Section 33670, except as necessary
to comply with subdivision (a) of Section 33333.8.
(5) The limitations contained in a redevelopment plan adopted
pursuant to this section shall not be applied to limit allocation of
taxes to an agency to the extent required to comply with Section
33333.8. In the event of a conflict between these limitations and the
obligations under Section 33333.8 the limitation established in the
ordinance shall be suspended pursuant to Section 33333.8.
(6) Provide for conformity with the community's general plan, as
may be amended from time to time.
(7) The requirements of Section 33333 shall be met by conformance
with the Downey Landing specific plan, as may be amended from time to
time.
(8) The redevelopment agency shall make payments from the
territory described in paragraph (1) of subdivision (a) to affected
taxing entities as required by subdivision (a) of Section 33607.5.
(c) (1) The amendment of the redevelopment plan to add the
territory described in paragraph (1) of subdivision (a) shall not be
subject to the requirements of Section 33333.11.
(2) The ordinance adopted by the city council pursuant to
subdivision (b) shall not be subject to referendum and shall be
deemed exempt from the provisions of Sections 33450 and 33378.
(d) Notwithstanding subdivision (k) of Section 33352, the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code) shall not apply to the
adoption of the amendment of the redevelopment plan to add the
territory described in paragraph (1) of subdivision (a). All
projects, as defined in the act, that implement the amended
redevelopment plan shall be subject to the act, including, but not
limited to, specific plans and rezonings.
(d) The Legislature hereby finds and determines that the prior
comprehensive environmental analysis conducted and certified by the
City of Downey through the Environmental Impact Report for the Downey
Landing Specific Plan, dated February 2002, which encompasses the
territory described in paragraph (1) of subdivision (a), is deemed to
meet the requirements of subdivision (k) of Section 33352 for
purposes of approving the amended plan, and no further analysis is
required under the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code) for the
purposes of adopting the expanded project area plan. All projects,
as defined in the California Environmental Quality Act, that
implement the amended redevelopment plan shall be subject to that
act, including, but not limited to, specific plans and rezoning.
(e) Notwithstanding any other law, from the first year that the
agency receives tax increment revenue and prior to incurring any
bonded indebtedness, the agency administering a project area pursuant
to this section may subordinate to the bonded debt the amount
required to be paid to an affected school district or community
college district pursuant to this section upon a finding, based upon
substantial evidence, that the agency will have sufficient funds
available to pay both the bonded debt payments and the payments
required by this section.
(f) This section shall not be operative on or after January 1,
2012, if the City of Downey finds and declares that Tesla Motors has
not constructed a manufacturing operation in the territory described
in paragraph (1) of subdivision (a).
SEC. 3. The Legislature finds and declares that, because of the
unique circumstances applicable only to the redevelopment agency of
the City of Downey, a statute of general applicability cannot be
enacted within the meaning of subdivision (b) of Section 16 of
Article IV of the California Constitution. Therefore, this special
statute is necessary.
SEC. 4. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to provide unique and urgently needed economic stimulus
and revitalization in the City of Downey and surrounding regions, it
is necessary that this act take immediate effect.
