HomeMy WebLinkAboutOrd 2012-3237ORDINANCE NO. 3237
ORDINANCE OF THE CITY OF CHULA VISTA REPEALING
ORDINANCE 3181, WHICH SUSPENDED THE COLLECTION
OF FEES CHARGED PURSUANT TO CHAPTERS 3.50
(DEVELOPMENT 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
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 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 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
WHEREAS, The Development Services Director has reviewed the proposed activity for
compliance with the California Environmental Quality AcY (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.
Ordinance No. 3237
Page No. 2
follows:
NOVJ, THEREFORE, the City of Chula Vista City Council does hereby ordain as
Section I. Action
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 H'albe~ P:E!, AICP ~
Assistant C~ y Manager/Director of
Development Services
Approved as to form by
len R. oogin
't A ey
Ordinance No. 3237
Page No. 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 2nd day of October 2012, by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
61 ~~ J
Cheryl Cox, n ~ or
ATTEST:
~7kuA. 9C /Yo ~~
Donna R mo sN 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
Ordinance No. 3237 had its first reading at a regular meeting held on the 25th day of September
2012 and its second reading and adoption at a regular meeting of said City Council held on the
2nd day of October 2012; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
~pGleJ~ / S, 20 / 2 /~ 9C, /Yo A.S~~I
Dated Donna R. Norris, CMC, City Clerk