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HomeMy WebLinkAboutOrd 2004-2948 ORDINANCE NO. 2948 ORDINANCE OF TIfE CITY COUNCIL OF THE CITY OF CHULA VISTA EUMINATING THE TIME LIMIT ON ESTABLISHMENT OF LOANS, ADVANCES AND INDEBTEDNESS WITH RESPECT TO THE BAYFRONTrrOWN CENTER I REDEVELOPMENT PLAN WHEREAS, the City Council ("City Council") of the Chula Vista ("City") adopted Ordinance No. 1541 establishing the Redevelopment Plan for the Bayfront Redevelopment Project Area ("Bayfront") on July 16, 1974; and WHEREAS, the City Council adopted Ordinance No. 16910n July 6, 1976 establishing the Redevelopment Plan for the Town Center I Redevelopment Project Area ("Town Center I"); and WHEREAS, the City Council adopted Ordinance No. 1872 on July 5, 1979 which merged the Bayfront Redevelopment Project Area and the Town Center I Redevelopment Project Area, which merged project areas are hereinafter referred to as the "BayfrontffC I Redevelopment Project Area", thus creating the Redevelopment Plan for the Bayfrontffown Center I Redevelopment Project Area; and WHEREAS, the merged BayfrontffC I Redevelopment Plan consists of the Town Center I Redevelopment Plan and the Bayfront Redevelopment Plan (each a "Constituent Plan" or together, "Constituent Plans"); and WHEREAS, the Redevelopment Plan for the Bayfrontffown Center I Redevelopment Project Area was amended by Ordinance No. 2146 of the City Council adopted on April 22, 1986 to add certain financial limits thereto; amended by Ordinance No. 2608 of the City Council adopted on November 8, 1994 to add certain plan limits; and amended by Ordinance No. 2734 of the City Council adopted on June 23,1998 to add certain plan limits (as amended, "BayfrontffC I Redevelopment Plan"); and WHEREAS, the BayfrontffC I Redevelopment Plan contains a time limit of January 1, 2004 to incur debt in conjunction with implementation thereof with respect to the original project area, and a time limit of June 23, 2018 to incur debt with respect to territory added to the BayfrontffC I Redevelopment Project Area by Ordinance No. 2734 in 1998, in conformity with the California 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 Ordinance 2948 Page 2 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. The time limits on incurring indebtedness in conjunction with the implementation of the BayfrontffC I Redevelopment Plan and 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 BayfrontffC I Redevelopment 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 the BayfronffC I Redevelopment Plan and each and any applicable Constituent Plan is effective. 2. Except with respect to the amendments set forth herein, the BayfrontffC I Redevelopment Plan, as amended and merged, shall remain unchanged, and in full force and effect in accordance with its terms. 3. The City Clerk is hereby authorized to me 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 ('f'.-~~\..... 9- Ann Moore City Attorney I I L Ordinance 2948 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: Councilmembers: Davis, McCann, Rindone and Padilla None None Salas ~~dL ATTEST: ~~,~~,~~ð,~ 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 Ordinance No. 2948 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 J tLtr~ () ~ Susan Bigelow, CMC, City C k