HomeMy WebLinkAbout2012/10/02 Item 05ORDINANCE NO.2012-
~~pND READING
ORDINANCE OF THE CITY OF CHULA A REPEALING
ORDINANCE 3181, RBI-ITCH SUSPENDED THE COLLECTION
OF FEES CHARGED PURSUANT TO CHAPTERS 3.~0
(DEVELOPMEM IMPACT FEES TO PAY FOR VARIOUS
PUBLIC FACILITIES), 3.55 (WESTERN TRANSPORTATION
DEVELOPMENT IMPACT FEES), AND 17.10 (PARKLAND
AND PUBLIC FACILITIES) OF THE CHULA VISTA
MUNICIPAL CODE FOR DEVELOPMENT IN THE
REDEVELOPMENT PROJECT AREAS, EXCLUDING THE
BAYFRONT PROJECT AREA, FOR A PERIOD OF FIVE (5)
YEARS
AND ADOPTION
WHEREAS, in January 2011, the City Council adopted Ordinance 3181, suspending the
collection of various development impact fees in the redevelopment project azeas for afive-year
period to incentivize redevelopment in Western Chula Vista; and
WHEREAS, concurrently, the City Council and the Redevelopment Agency of the City
of Chula Vista ("RDA") entered into a Memorandum of Understanding ("Collection Suspension
MOU") to replace any suspended fees using tax increment funds; and
WHEREAS, in June 2011, the State Legislature enacted Assembly Bill 26 ("AB 26") to
dissolve redevelopment agencies in the State of California and on Februazy 1, 2012
redevelopment agencies ceased to exist and were replaced by "Successor Agencies" to wind
down the affairs of the former redevelopment agencies; and
WHEREAS, AB 26, including its recent amendments in AB 1484, provided that
agreements made by a city that created the redevelopment agency and the redevelopment agency,
subject to specified exceptions, was invalid and, as such, neither the former RDA nor the current
Successor Agency can fulfill the terms of the Collection Suspension MOU; and
WHEREAS, the fee collection suspension program set forth in Ordinance 3181 is not
sustainable without the pledge of tax increment to backfill the development impact fee accounts;
and
WHEREAS, the Collection Suspension MOU will concurrently be terminated by the City
and the Successor Agency; and
Wl-IEREAS, The Development Services Director has reviewed the. proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because
it involves governmental administrative activities that will not result in direct or indirect physical
changes to the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
NOW THEREFORE, the City of Chula Vista City Council does hereby ordain as
follows:
5-1
Ordinance No.
Page 2
Section I. Acrion
City of Chula Vista Ordinance 3181 [regazding suspension of collection of specified fees]
is repealed in its entirety.
Section II. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by
Gary Halbert, AICP, PE
Assistant City Manager /
Director of Development Services
Approved as to form by
=~~ ~~
Glen R. Goggins
City Attorney
5-2