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HomeMy WebLinkAboutOrd 2004-2949 ORDINANCE NO. 2949 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHUIA VISTA AMENDING THE REDEVELOPMENT PLAN FOR THE MERGED CHUIA VISTA REDEVELOPMENT PROJECT AREA PURSUANT TO SENATE BILL 1045 AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(E)(2)(C) WHEREAS, on August 15, 1978, the City Council of the City of Chula Vista ("City Council") adopted Ordinance No. 1827 approving a redevelopment plan for the Town Centre II Redevelopment Project and has subsequently amended said redevelopment plan on May 19, 1987 by Ordinance No. 2207, on July 19, 1988 by Ordinance No. 2274, on November 8, 1994 by Ordinance No. 2610, and on August 22, 2000 by Ordinance No. 2817 ("Town Centre II Plan"); and WHEREAS, on December 29, 1983, the City Council adopted Ordinance No. 2059 approving a redevelopment plan for the Otay Valley Road Redevelopment Project and has subsequently amended said redevelopment plan on November 8, 1994 by Ordinance No. 2611 and on August 22, 2000 by Ordinance No. 2818 ("Otay Valley Plan"); and WHEREAS, on November 27, 1990, the City Council adopted Ordinance No. 2420 approving a redevelopment plan for the Southwest Redevelopment Project and has subsequently amended said redevelopment plan on July 9, 1991 by Ordinance No. 2467, on November 8,1994 by Ordinance No. 2612, and on August 22, 2000 by Ordinance No. 2819 ("Southwest Plan"); and WHEREAS, the Town Centre II Plan, the Otay Valley Plan, and the Southwest Plan (collectively, the "Town Centre IIJOtay/Southwest Plans") were amended by Ordinance No. 2819, to merge the constituent project areas for financial purposes to facilitate the sharing of financial resources pursuant to Sections 33485 through 33489 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ("CRL"); and WHEREAS, by Ordinance No. 2947 adopted on January 13, 2004, the City Council amended the Town Centre II/Otay/Southwest Plans to eliminate the time limit on the right to incur debt pursuant to the authority established by Senate Bill 211 (the Town Centre II/Otay/Southwest Plans as so amended, collectively hereinafter, the "Plans"); and WHEREAS, Senate Bill 1045, was adopted by the California Legislature effective February 27, 2003 and codified in pertinent part in Health and Safety Code Section 33333.6(e)(2)(C); and WHEREAS, pursuant to Senate Bill 1045, Health and Safety Code Section 33333.6(e)(2)(C) states: "When an agency is required to make a payment pursuant to Section 33681.9, the legislative body may amend the redevelopment plan to extend the time limits required pursuant to subdivisions (a) and (b) by one year by adoption of an ordinance. In adopting an ordinance pursuant to this subparagraph, neither the legislative body nor the agency is required to comply with [Health and Safety Code] Section 33354.6 or Article 12 (commencing with Section 33450) or any other provision of this part relating to the amendment of redevelopment plans, including, but not limited to, the requirement to make the payment to affected taxing entities required by [Health and Safety Code] Section 33607.7."; and Ordinance 2949 Page 2 WHEREAS, the City Council desires to implement the authority of Senate Bill 1045; and WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") is a public body, corporate and politic, organized and existing under the CRL, and implements the plans pursuant to the CRL and the provisions of the Plans; and WHEREAS, enactment of this ordinances is exempt from the California Environmental Quality Act (Public Resources Code section 21000 et seq.) ("CEQA") pursuant to the terms of Health and Safety Code Section 33333.6(e)(2)(C) and further 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: SECTION 1. The Plans are hereby amended to extend, by one year (a) the currently existing time limit on the effectiveness of the Plans, and (b) the Agency's currently existing time limit to repay indebtedness with the proceeds of property taxes received pursuant to Health and Safety Code Section 33670. SECTION 2. Except as amended hereby, the Plans shall remain in full force and effect according to their terms. SECTION 3. All required proceedings and considerations precedent to the adoption of this ordinance have been regularly taken in accordance with applicable law. SECTION 4. The City Manager shall notify the appropriate public entities of the adoption of this ordinance. SECTION 5. The City Clerk is authorized 1IIld directed to publish this ordinance or a summary thereof in the manner provided by the City Charter. Presented by Approved as to form by ~~ Ann Moore City Attorney Ordinance 2949 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 3rd day of February, 2004, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Davis, Salas and Padilla None None McCann, Rindone ~~ ATTEST: ~~-3' ~ Susan Bigelow, CMC, City ~erk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHUIA VISTA I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2949 had its first reading at a regular meeting held on the 27th day of January, 2004 and its second reading and adoption at a regular meeting of said City Council held on the 3rd day of February, 2004. Executed this 3rd day of February, 2004. -===.. . ..-----:>"~ ~ ð-...-.L l ~L " Susan Bigelow, CMC, City Cl k