HomeMy WebLinkAboutReso 2012-187RESOLUTION NO. 2012-187
(Successor Agency Resolution No. 2012-010J
RESOLUTION OF THE CITY COUNCIL AND THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY FOR THE CITY OF CHULA VISTA TERMINATING
THE MEMORANDUM OF UNDERSTANDING REGARDING
PAYMENT FOR INFRASTRUCTURE OR CONSTRUCTION
THEREOF AND APPROVAL OF AN AGREEMENT TO SUCH
TERMINATION
WHEREAS, in January 2011, the City Council adopted Ordinance 3181, suspending the
collection of various development impact fees in the redevelopment project areas for afive-yeaz
period to incentivize redevelopment ip 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 entitled "Memorandum
of Understanding Regarding Payment for Infrastructure or Construction Thereof' ("MOU") to
replace the suspended fees using tax increment funds; and
WHEREAS, in June 2011, the State Legislature enacted Assembly Bi1126 ("AB 26") to
dissolve redevelopment agencies in the State of California and on February 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, were invalid and, as such, neither the former RDA nor the
current Successor Agency can fulfill the terms of the MOU; and
WHEREAS, both the City and Successor Agency desire to terminate the MOU and an
agreement to so do is attached to this Resolution as Attachment A; and
WHEREAS, 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.
Resolution No. 2012-187
(SA Resolution No. 2012-010)
Page No. 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
and the Successor Agency to the Redevelopment Agency for the City of Chula Vista that:
1. The City Council of the City of Chula Vista and the Successor Agency to the
Redevelopment Agency for the City of Chula Vista do hereby terminate the
memorandum of understanding entitled, "Memorandum of Understanding Regarding
Payment for Infrastructure or Construction Thereof"
2. That the City Council of the City of Chula Vista approves the attached agreement to
terminate the MOU in substantially the form submitted and the City Manager is
authorized to make such minor changes to the agreement as may be necessary and
recommended by the City Attorney.
3. That the Successor Agency to the Redevelopment Agency for the City of Chula Vista
approves the attached agreement to terminate the aforementioned MOU in
substantially the form submitted and the Successor Agency's Executive Officer is
authorized to make such minor changes to the agreement as may be necessary and
recommended by Agency Counsel.
Approved as to form by
Gary Halbert~.E., AB
Assistant Cit Manage
Development Services
Glen R. G ogins
rney
Presented by
Resolution No. 2012-187
(SA Resolution No. 2012-010)
Page No. 3
PASSED, APPROVED, and ADOPTED by the City Council and the Successor Agency
of the City of Chula Vista, California, this 25th day of September 2012 by the following vote:
AYES
NAYS
ABSENT:
Council/Agency Members: Aguilar, Bensoussan, Castaneda, Ramirez,
and Cox
Council/Agency Members: None
Council/Agency Members: None
l~~
Cheryl Cox, May /Ch irperson
ATTEST:
/lk.~ll.cclt ~J i~/4.4-~
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
City Council Resolution No. 2012-187/Successor Agency Resolution No. 2012-010 was duly
passed, approved, and adopted by the City Council and Redevelopment Agency at a special
meeting of the Successor Agency and regular meeting of the City Council held on the 25th day
of September 2012.
Executed this 25th day of September 2012.
~ ~ ~/,h~
Donna R. Norris, CMC, City Clerk/Secretary
Resolution No. 2012-187
(SA Resolution No. 2012-010)
Page No. 4
Exhibit "A"
AGREEMENT BETWEEN CITY OF CHULA VISTA AND THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY FOR THE CITY OF CHULA
VISTA TO TERMINATE TAE MEMORANDUM OF UNDERSTANDDVG
ENTITLED "MEMORANDUM OF UNDERSTANDING REGARDING
PAYMENT FOR INFRASTRUCTURE OR CONSTRUCTION TAEREOF"
This agreement (Agreement), dated for the purposes of reference only,
and effective as of the date last executed unless another date is otherwise specified is between the
City and the Successor Agency to the Redevelopment Agency for the City of Chula Vista is
made with reference to the following facts:
RECITALS
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-yeaz
period to incentivize redevelopment in Western Chula Vista; and
WHEREAS, concurrently, the City Council and the Redevelopment Agency of the City
of Chula Vista (now by operation of law the Successor Agency to the Redevelopment Agency
for the city of Chula Vista and hereinafrer referred to as the "Successor Agency") entered into a
memorandum of understanding entitled "Memorandum of Understanding Regazding Payment
for Infrastructure or Construction Thereof' ("MOU") to replace the suspended fees using tax
increment funds; and
WHEREAS, in Tune 2011, the State Legislature enacted Assembly Bill 26 ("AB 26") to
dissolve redevelopment agencies in the State of California and on February 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 MOU; and
OBLIGATORY PROVISIONS PAGES
NOW, THEREFORE, the City and the Successor Agency do hereby mutually agree as follows:
I. All of the Recitals above aze incorporated into this Ageement by this reference.
2. The "Memorandum of Understanding Regazding Payment for Infrastructure or
Construction Thereof" dated January 11, 201 I, which is hereby incorporated by
reference, is hereby terminated.
3. Notwithstanding the termination stated in paragraph 2, the Successor Agency remains
liable to the City for any payments that existed or were incurred (as set forth in the
aforementioned MOU) prior w the execution of this agreement.
(Signature page to follow.)
Pagel
Resolution No. 2012-187
(SA Resolution No. 20]2-010J
Page No. 5
SIGNATURE PAGE TO
AGREEMENT BETWEEN CITY OF CHULA VISTA AND THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY FOR THE C[TY OF CHULA
VISTA TO TERMINATE THE MEMORANDUM OF UNDERSTANDING
ENTITLED °°MEMORANDUM OF UNDERSTANDING REGARDING
PAYMENT FOR INFRASTRUCTURE OR CONSTRUCTION THEREOF"
IN WITNESS WHEREOF, City and Successor Agency have executed this Agreement,
indicating that they have read and understood same, and indicate their full and complete consent
to its [emus:
Dated:
City of Chula Vista
By: _
Title:
Attes[:
Donna Noms, City Clerk
Approved as to form:
Glen R. Googins, City Attorney
Dated: Successor Agency
By: _
Title:
Page 2