HomeMy WebLinkAboutOrd 2004-2947
ORDINANCE NO. 2947
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA EUMINATING THE TIME UMIT ON
ESTABUSHMENT OF LOANS, ADVANCES AND
INDEBTEDNESS WITH RESPECf TO TIIE
REDEVELOPMENT PLAN FOR THE MERGED
REDEVELOPMENT PROJECT
WHEREAS, the City Council ("City Council") of the City of Chula Vista ("City")
adopted Ordinance No. 1827 on August 15, 1978 establishing the Redevelopment Plan for the
Town Center No. II Project Area, which was amended by Ordinance No. 2207 of the City
Council adopted on May 19, 1987 to add certain tax increment provisions; amended by
Ordinance No. 2274 of the City Council adopted on July 19, 1988 to add territory; amended by
Ordinance No. 2610 of the City Council adopted on November 8, 1994 to add certain plan limits;
and last amended by Ordinance No. 2817 of the City Council adopted on August 22, 2000 to
merge with other project areas (as amended, "Town Center II Redevelopment Plan"), which
Town Center II Redevelopment Plan contains a time limit of January 1, 2004 within which the
Agency may incur debt in conjunction with implementation thereof with respect to the original
project area, and a time limit of July 19, 2008 with respect to the area added to the project area
by Ordinance No. 2610; and
WHEREAS, the City adopted Ordinance No. 2059 on December 20, 1983 establishing
the Redevelopment Plan for the Otay Valley Road Redevelopment Project Area, which was
amended by Ordinance No. 2611 of the City Council adopted on November 8, 1994 to add
certain plan limits and by Ordinance No. 2818 of the City Council adopted on August 22, 2000
to complete a merger of plans (as amended, "Otay Valley Redevelopment Plan"), which Otay
Valley Redevelopment Plan contains a time limit of January 4, 2004 to incur debt in conjunction
with implementation thereof; and
WHEREAS, the City adopted Ordinance No. 2420 on November 27, 1990 establishing
the Redevelopment Plan for the Southwest Redevelopment Project Area, which was amended
pursuant to Ordinance No. 2467 of the City Council adopted on July 9, 1991 to include
additional territory; by Ordinance No. 2612 of the City Council adopted on November 8, 1994 to
add certain plan limits; and by Ordinance No.2819, adopted by the City Council of the City on
August 22,2000 to complete merger of plans (as amended, "Southwest Redevelopment Plan"),
which Southwest Redevelopment Plan contains a time limit of November 27,2010 to incur debt
in conjunction with implementation thereof; and
WHEREAS, the City adopted Ordinances Nos. 2817, 2818, and 2819 on August 22, 2000
effecting a merger of certain project areas and established the Redevelopment Plan for the
Merged Redevelopment Project ("Merged Plan"), which merged the Town Center II
Redevelopment Project Area, the Otay Valley Road Redevelopment Project Area, and the
Southwest Redevelopment Project Area; and
WHEREAS, the Merged Plan consists of the Town Center II Redevelopment Plan, the
Otay Valley Redevelopment Plan, and the Southwest Redevelopment Plan (each a "Constituent
Plan" or together, "Constituent Plans"); and
WHEREAS, the Constituent Plans each include provisions limiting the time in which the
Redevelopment Agency of the City of Chula may incur indebtedness in conjunction with
Ordinance 2947
Page 2
implementation of such Constituent Plans, in conformity with the Califomia Redevelopment
Law, California Health and Safety Code Sections 33000, et seq. ("CRL"); and
WHEREAS, CRL Section 33333.6(e)(2) was amended by the California legislature in
2001, effective January 1, 2002, to provide that as to redevelopment plans originally adopted
pre-January 1, 1994 the legislative body of an agency (City Council) may enact an ordinance
eliminating the deadline on incurring indebtedness formerly required by Section 33333.6 of the
CRL, and to further provide that such ordinance may be adopted without compliance with CRL
Section 33354.6 or Article 12 of the CRL, except that the redevelopment agency must make the
payments to affected taxing entities required by CRL Section 33607.7 from the date each
constituent plan reaches the previously existing deadline(s) to incur debt; and
WHEREAS, the enactment of this ordinance is exempt from the California
Environmental Quality Act (public Resources Code Section 21000, et seq.) ("CEQA") pursuant
to CEQA Guidelines Section 15378(b)(4) (California Code of Regulations Section 15378(b)(4»
because it is a fiscal activity which does not involve any commitment to any specific project
which may result in a potentially significant physical impact on the environment.
NOW THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
1. Each of the individual time limits to incur debt set forth in the Merged Plan and the
implementation thereof, including each of the Constituent Plans and the time limits therein
contained, are hereby eliminated; and the Redevelopment Agency of the City of Chula Vista is
hereby authorized to incur indebtedness and any other obligations with respect to the Merged
Plan, and each and any of its Constituent Plans, in accordance with all remaining provisions of
each applicable Constituent Plan and the Merged Plan, at any time during which each and any
applicable Constituent Plan is effective.
2. Except with respect to the amendments set forth herein, the Merged Plan and the
Constituent Plans shall remain unchanged and in full force and effect in accordance with their
terms.
3. The City Clerk is hereby authorized to file a Notice of Exemption with the County of San
Diego pursuant to CEQA Guidelines Section 15094.
4. This ordinance shall go into effect and be in full force and operation from and after thirty
(30) days after its final passage and adoption. The City Clerk shall certify to the passage and
adoption of this ordinance and shall cause this ordinance to be published as set forth in City
Charter Section 312(b).
Presented by
Approved as to form by
Ú--~
Ann Moore
City Attorney
Ordinance 2947
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of January, 2004, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembes:
Davis, Salas and Padilla
None
None
McCann and Rindone
~æ J;iL
ATTEST:
~ 1 I fJ. ':~¡,J J9----.--o
Susan Bigelow, CMC, City Cle
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHUrA VISTA
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 2947 had its first reading at a regular meeting held on the 6th day of January,
2004 and its second reading and adoption at a regular meeting of said City Council held on the
13th day of January, 2004.
Executed this 13th day of January, 2004.
~ 1-lå.J- ~~
Susan Bigelow, CMC, City Cl