HomeMy WebLinkAboutReso 2002-191 RESOLUTION NO. 2002-191
AGENCYRESOLUTION NO. 1779
RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA INITIATING THE PROCESS AND SETTING THE
DATE AND TIME FOR A JOINT PUBLIC HEARING TO
CONSIDER AMENDING THE MERGED SOUTHWEST
REDEVELOPMENT PLAN TO EXTEND EMINENT DOMAIN
AUTHORITY FOR AN ADDITIONAL TWELVE-YEAR
PERIOD
WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted
Ordinance No. 2420 on November 27, 1990, approving and establishing the Redevelopment Plan
for the Southwest Redevelopment Project, and the City Council has since amended said
Redevelopment Plan on July 9, 1991, by Ordinance No. 2467, on November 6, 1994, by
Ordinance No. 2612, and on August 22, 2000, by Ordinance No. 2819; and
WHEREAS, the City of Chula Vista Redevelopment Agency ("Agency") has proposed a
fourth amendment to the Redevelopment Plan for the Southwest Redevelopment Project
("Amendment") in the form attached hereto as Exhibit "A"; and
WHEREAS, the Amendment proposes to extend the time limit to commence eminent
domain on any project area property except for residential property in a residential zone; and
WHEREAS, pursuant to Sections 33458 and 33355 of the California Community
Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Law"), a joint public
hearing on the Amendment may be held with the consent of the City Council and Agency.
NOW, THEREFORE, BE IT RESOLVED that the City Council and Redevelopment
Agency of the City of Chula Vista do hereby:
1. Initiate the process for a fourth amendment to the Merged Southwest Redevelopment
Plan for the purpose of extending eminent domain authority for an additional twelve-year period
and direct staff to take all necessary and appropriate actions to process the amendment; and
2. Authorize and consent to holding a joint public hearing with the City of Chula Vista City
Council and Redevelopment Agency on August 6, 2002, at 4:00 p.m. in the Council Chambers,
for the purpose of considering the proposed fourth amendment.
Presented by Approved as to form by
Chris Salomone Jgfijt'M. Kahefiy
Community Development Director Codty Attorney/Agency Counsel
Resolution 2002-191
Page 2
PASSED, APPROVED, and ADOPTED by the City Council and the Redevelopment
Agency of the City of Chula Vista, California, this 4th day of June, 2002, by the following vote:
AYES: Agency/Councilmembers: Davis, Padilla, Rindone, Salas, and Horton
NAYS: Agency/Councilmembers: None
ABSENT: Agency/Councilmembers: None
Shirley Horto~ Mayor/Chair
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 City
Council Resolution No. 2002-191/Redevelopment Agency Resolution No.1779 was duly passed,
approved, and adopted by the City Council and Redevelopment Agency at a regular meeting held
on the 4th day of June, 2002.
Executed this 4th day of June, 2002.
Susan Bigelow, City Clerk
EXHIBIT A
FOURTH AMENDMENT TO THE
REDEVELOPMENT PLAN FOR THE
MERGED SOUTHWEST REDEVELOPMENT PROJECT
The Redevelopment Plan for the Merged Southwest Redevelopment Project adopted on
November 27, 1990 by Ordinance No. 2420, as amended on July 9, 1991 by Ordinance No.
2467, November 6, 1994 by Ordinance No. 2612, and August 22, 2000 by Ordinance No. 2819
(the "Plan"), is hereby further amended as follows:
Section 503 of the Plan is hereby amended to read as follows:
"1. (503) Acquisition of Real Property
The Agency may acquire real property by any means authorized by law,
including by gift, grant, exchange, purchase, cooperative negotiations, lease
or any other means authorized by law including eminent domain. However,
for the duration of the Redevelopment Plan, the Agency shall not exercise
the power of eminent domain to acquire any residential dwelling units,
except with the consent of the owner, that are then being used for residential
purposes, within land use designations' or zoning classification areas
designated for such residential purposes under the adopted Specific and
General Plans of the City of Chula Vista, or as these documents may
hereafter be amended by the City of Chula Vista.
The Agency shall not acquire real property on which an existing building is
to be continued on its present site. and in its present form and use without the
consent of the owner, unless: (I) such building requires structural alteration,
improvement, modernization, or rehabilitation; or (2) the site or lot on
which the building is situated requires modification in size, shape, or use; or
(3) it is necessary to impose upon such property any of the standard
restrictions and controls of the Plan and the owner fails or refuses to
participate in the Plan by executing a participation agreement.
Except as otherwise provided herein, or otherwise provided by law, no
eminent domain proceeding to acquire property within the Project Area shall
be commenced after twelve (12) years following the date of adoption of the
ordinance approving and adopting the Fora'th Amendment to this Plan on
.]:Ldy I7, 2002. Such time limitation may be extended only by amendment of
~his Redevelopment Plan." · ·