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HomeMy WebLinkAboutReso 2002-033 RESOLUTION NO. 2002-033 AGENCY RESOLUTION NO. 1768 RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA FORGIViNG AND ELIMiNATiNG ALL AMOUNTS OWED BY THE NATURE CENTER TO THE CITY'S GENERAL FUND AND THE REDEVELOPMENT AGENCY AS OF THE DATE OF THE BAYFRONT CONSERVANCY TRUST'S (BCT) DISSOLUTION, AND RATIFYiNG THE BAYFRONT CONSERVANCY TRUST'S APPLICATION TO THE SECRETARY OF STATE FOR CORPORATE DISSOLUTION WHEREAS, the Nature Center ("Center") has been funded by annual loans from the City and the Agency, as well as by various intergovernmental grants and donations; and WHEREAS, there has never been the capacity to repay any portion of the annual loans from the City and the Agency, and it is not expected that there ever will be such a capacity; and WHEREAS, since the Center is now formally becoming part of the City, it makes sense to forgive and eliminate this amount owed by the Center to the City and the Agency; and WHEREAS, all future funding for Center operations from the Agency will be considered a subsidy and will not be subject to repayment; and WHEREAS, operating loans from both the City and the Agency have accumulated over the years, but have been fully reserved as uncollectable, will be forgiven and eliminated from the balance sheets of both entities; and WHEREAS, the Agency funds have been used by the Center to encourage tourism; and WHEREAS, the Agency funds have been used by the Center to provide needed improvements to the community's recreational, cultural, and other community facilities; and WHEREAS, the Agency funds have been used by the Center to promote public improvement of facilities which are sensitive to the unique environmental qualities of the area; and WHEREAS, the use of Agency funds by the Center to accomplish these goals is consistent with Community Redevelopment Law and the Bayfront Redevelopment Plan by alleviating and preventing the spread of blight and deterioration of the project area; and WHEREAS, the Agency loans recommended for forgiveness are approximately $4,599,064; and Resolution 2002-033 - Page 2 WHEREAS, the BCT was created in 1985, and was focused around active efforts to hold and restore land at the Sweetwater Marsh Complex; and WHEREAS, a number of events have transpired which have impacted the BCT's need and ability to perform the original goals including the 1988 designation of the Sweetwater Marsh Complex as a National Wildlife Refuge and the lack of Bayfi'ont development to generate the revenue necessary to independently operate the Center; and WHEREAS, at its December 5, 2001 meeting, the BCT unanimously approved the dissolution of the BCT and recommended the formation of a City Board to advise the Council on matters associated with the Center. NOW, THEREFORE, BE IT RESOLVED that the City and Redevelopment Agency of the City of Chula Vista does hereby: 1. Approve the resolution forgiving and eliminating all amounts owed by the Nature Center to the City's General Fund and the Redevelopment Agency as of the date of Bayfront Conservancy Trust dissolution. 2. Ratify the Bayfront Conservancy Trust's application to the Secretary of State for corporate dissolution. Presented by Approved as to form by Nature Center Director Lc'fty Attorney - Resolution 2002-033 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 5th day of February, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Horton~Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2002-033 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 5th day of February, 2002. Executed this 5th day of February, 2002. Susan Bigelow, City Clerk