HomeMy WebLinkAboutReso 2004-126
RESOLUTION NO. 2004-126
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ELECTING TO RECEIVE ALL OR A
PORTION OF THE TAX INCREMENT REVENUES
PURSUANT TO HEALTH AND SAFETY CODE SECTION
33676 AND THE CITY'S SHARE OF TAX INCREMENT
PURSUANT TO HEALTH AND SAFETY CODE SECTION
33607.5 WITH RESPECT TO THE AMENDED AND
RESTATED REDEVELOPMENT PLAN FOR THE MERGED
CHULA VISTA REDEVELOPMENT PROJECT AREA
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, by Ordinance No. 2819, the Town Centre II Plan, Otay Valley Plan, and
Southwest Plan (collectively, the "Plans") were merged to establish the Merged Chula Vista
Redevelopment Project 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. ("Law"); and
WHEREAS, on January 13, 2004, the City Council adopted Ordinance No. 2947
amending the Plans to eliminate the time limit on incurring indebtedness, pursuant to Senate Bill
211 codified in Health and Safety Code Section 33333.6(e)(2)(B); and
WHEREAS, on February 3, 2004, the City Council adopted Ordinance No. 2949
amending the Plans to extend the duration of the plan's effectiveness and time limit to collect tax
increment revenue by one year, pursuant to Senate Bill 1045 codified in Health and Safety Code
Section 33333.6(e)(2)(C); and
WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") is
proposing to amend the Merged Chula Vista Redevelopment Project to consolidate the
constituent Plans into a single redevelopment plan document, add property to the Merged Chu1a
Vista Redevelopment Project Area boundaries, and, subject to certain limitations, extend eminent
domain authority in the Town Centre II and Otay Valley constituent project areas, which
amendment as generally described above is in the form of an Amended and Restated
Resolution 2004-126
Page 2
Redevelopment Plan for the Merged Chula Vista Redevelopment Project Area ("Project Area")
which would permit in the allocation of taxes from the Project Area to the Agency for the
purposes of redevelopment; and
WHEREAS, Section 33676 of the Health and Safety Code provides that prior to the
adoption of a redevelopment plan, an affected taxing agency may elect to receive, in addition to
the portion of taxes allocated to the affected taxing agency pursuant to Health and Safety Code
Section 33670(a), all or any portion of the property tax revenues allocated to the Agency
pursuant to Health and Safety Code Section 33670(b) ("Tax Increment") which are attributable
to the tax rate increases imposed for the benefit of the taxing agency after the tax year in which
the ordinance adopting the redevelopment plan becomes effective ("Increases"); and
WHEREAS, for redevelopment plans adopted on or after January I, 1994, Section
33607.5 of the Health and Safety Code provides that in any fiscal year in which a redevelopment
agency receives Tax Increment from the Project Area, the community that has adopted the
redevelopment plan may elect to receive, and the Agency shall pay to it, an amount equal to
twenty-five percent (25%) of the community's proportional share of the Tax Increment received
by the Agency after the amount required to deposited in the Low and Moderate Income Housing
Fund has been deducted ("City Election").
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby elects to receive all Increases and the City Election as defined herein with respect to
Tax Increment received by the Agency from the Merged Chula Vista Redevelopment Project
Area, and directs staff to transmit a copy of this resolution to the Executive Director of the
Agency and the Auditor Controller of the County of San Diego.
Presented by
Approved as to form by
lA 'lIÅA~
Ann Moore
City Attorney
Resolution 2004-126
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 20th day of April, 2004, by the following vote:
AYES: Councilmembers: Davis, Salas and Padilla
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: McCann, Rindone
ATTEST:
~J 1/' I ~~/J:9---'
Susan Bigelow, CMC, City lerk
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. 2004-126 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 20th day of April, 2004.
Executed this 20th day of April, 2004.
~It 19°~
Susan Bigelow, CMC, City C k