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HomeMy WebLinkAboutOrd 2004-2962 ORDINANCE NO. 2962 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ADOPTING THE 2004 AMENDMENT (IN THE FORM OF AN AMENDED AND RESTATED REDEVELOPMENT PLAN) TO THE MERGED CHULA VISTA REDEVELOPMENT PROJECT WHEREAS, on August 15, 1978, the 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 Redevelopment Project Area 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 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 Law; and WHEREAS, on January 13, 2004, the City Council adopted Ordinance No. 2947 amending each of 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 each of the Plans to extend the duration of the Plans' 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 (the "Agency") initiated proceedings to amend the Merged Chula Vista Redevelopment Project to consolidate the three Plans that comprise the Merged Chula Vista Redevelopment Project into a single redevelopment plan document, update the public improvements and project facilities list, add property to the Merged Chula Vista Redevelopment Project boundaries, and, subject to certain limitations, extend eminent domain authority in the Town Centre II and Otay Valley constituent project areas (collectively "2004 Amendment"); and WHEREAS, the California Community Redevelopment Law (the "CRL") (Health and Safety Code Section 33000 et seq.) permits the adoption of amendments to redevelopment plans; and Ordinance 2962 Page 2 WHEREAS, the City Council has received from the Agency the proposed 2004 Amendment (in the form of an Amended and Restated Redevelopment Plan), a copy of which is on file with the City Clerk, together with the Report of the Agency prepared pursuant to Section 33352 and Section 33457.1 of the CRL (the "Report to City Council"), which includes a description and discussion of the proposed 2004 Amendment; and WHEREAS, the Town Centre II Plan consists of an original area, which in the Amended and Restated Redevelopment Plan is referred to as the "Original Town Center II Constituent Area;" and an amended Town Centre II area, which in the Amended and Restated Plan is referred to as the "Amended Town Centre II Constituent Area"; and WHEREAS, the original Town Centre Constituent Area and the amended Town Center II Constituent Area are collectively referred to herein as the "Town Centre II Constituent Area"; and WHEREAS, Otay Valley Plan consists of an area referred to in the Amended and Restated Redevelopment Plan as the "Otay Valley Constituent Area"; and WHEREAS, the Southwest Plan consists of an original area, which in the Amended and Restated Redevelopment Plan is referred to as the "Original Southwest Constituent Area;" and an amended Southwest area, which in the Amended and Restated Redevelopment Plan is referred to as the "Amended Southwest Constituent Area"; and WHEREAS, the Original Southwest Constituent Area and the Amended Southwest Constituent Area are collectively referred to herein as the "Southwest Constituent Area"; and WHEREAS, the area proposed to be added to the Merged Chula Vista Redevelopment Project Area, referred to hereinabove as the "Added Area," is referred to in the Amended and Restated Redevelopment Plan as the "2004 Amendment Constituent Area"; and WHEREAS, by adoption of Resolution No. PCM-0414 on March 3,2004, the Planning Commission of the City of Chula Vista found and determined that the proposed 2004 Amendment was consistent with the General Plan of the City of Chula Vista, including the Housing Element thereof, and recommended that the City Council adopt the 2004 Amendment; and WHEREAS, by adoption of Resolution No. 2003-003 on September 17, 2003, the Town Centre II Project Area Committee recommended that the City Council adopt the proposed 2004 Amendment; and WHEREAS, by adoption of Resolution No. 2003-001 on October 9, 2003, the Added Area Project Area Committee recommended that the City Council adopt the proposed 2004 Amendment; and WHEREAS, the Agency has prepared a Program Environmental Impact Report ("E1R") on the proposed 2004 Amendment pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et. Seq., "CEQA"), and the Guidelines for Implementation of the California Environmental Quality Act (Title 14, California Code of Regulations, Sections 15000 et. Seq., the "Guidelines") and City CEQA guidelines and City Environmental Review Procedures; and Ordinance 2962 Page 3 WHEREAS, by adoption of Resolution No. 04-01 on March 3, 2004, the Planning Commission of the City of Chula Vista certified the Final EIR and recommended that the City Council certify the Final EIR for the 2004 Amendment; and WHEREAS, the City Council and the Agency held a Joint Public Hearing on March 23, 2004, concerning the adoption of the proposed 2004 Amendment; and WHEREAS, notice of the Joint Public Hearing was duly and regularly published as required by the CRL; and WHEREAS, at least thirty (30) days prior to the Joint Public Hearing; copies of the notice of the Joint Public Hearing were mailed by first-class mail to all residents and businesses within the boundaries of area encompassed by the Merged Chula Vista Redevelopment Project and within the boundaries of the proposed Added Area; and WHEREAS, at the conclusion of, and upon closure of, the Joint Public Hearing, consideration of the Final ErR for the 2004 Amendment and of the 2004 Amendment and items related thereto were continued to the joint meeting of the Agency and City Council of April 20, 2004; and WHEREAS, the City Council has considered the Report to City Council for the 2004 Amendment, and has provided an opportunity for all persons to be heard, and has received and considered all evidence and testimony presented for or against any and all aspects of the Amendment; and WHEREAS, by adoption of Resolution No. 2004-124 on April 20, 2004, the City Council, in compliance with the CRL, adopted written responses in response to any and all written objections received with respect to the approval and adoption of the 2004 Amendment and therein overruled any and all such objections; and WHEREAS, by adoption of Resolution No. 2004-125 on April 20, 2004, the City Council certified the Final ErR for the 2004 Amendment; and WHEREAS, all considerations and actions required to be taken precedent to the adoption of this Ordinance have been duly and regularly taken in accordance with applicable law; and WHEREAS, Section 33457.1 of the CRL, provides that to the extent warranted by the proposed amendment, this ordinance shall contain the findings required by Section 33367 of the CRL; and NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows: SECTION I. The foregoing Recitals are true and correct and are incorporated herein and made a part hereof. SECTION 2. The purpose and intent of the City Council with respect to 2004 Amendment is to (i) consolidate the three separate Plans covering the Town Centre II, Otay Valley, and Southwest Constituent Areas into a single, consolidated, amended and restated redevelopment plan to provide consistency to, and ease of administration for, the implementation of redevelopment activities in the areas encompassed by the Merged Chula Vista Redevelopment Project; (ii) update the public improvements and facilities projects list; (iii) re-designate the area subject to the consolidated Merged Chula Vista Redevelopment Plan as the Merged Chula Vista Ordinance 2962 Page 4 Redevelopment Project Area, (iv) add approximately 494 acres of property located throughout the western part of Chula Vista to the Merged Chula Vista Redevelopment Project Area, such added territory commonly known as the "Added Area" and in the Amended and Restated Redevelopment Plan as the 2004 Amendment Constituent Area; (v) re-establish eminent domain authority for a period of twelve (12) years on all property (except residentially occupied property in a residential zone) within the Town Centre II and Otay Valley Constituent Areas. SECTION 3. The City Council hereby finds and determines, based on substantial evidence in the record, including, but not limited to, the Report to City Council and all documents referenced therein: a. The finding that the Original Town Centre II Constituent Area is a blighted area, the redevelopment of which is necessary to effectuate the purposes of the Community Redevelopment Law, was made in Ordinance No. 1827 when the Town Centre II Plan was adopted. The finding that the Amended Town Centre II Constituent Area is a blighted area, the redevelopment of which is necessary to effectuate the purposes of the Community Redevelopment Law, was made in Ordinance No. 2274 when the Amended Town Centre II Plan was adopted. The finding that the Otay Valley Constituent Area is a blighted area, the redevelopment of which is necessary to effectuate the purposes of the Community Redevelopment Law, was made in Ordinance No. 2059 when the Otay Valley Plan was adopted. The finding that the Original Southwest Constituent Area is a blighted area, the redevelopment of which is necessary to effectuate the purposes of the Community Redevelopment Law, was made in Ordinance No. 2420 when the Original Southwest Plan was adopted. The finding that the Amended Southwest Constituent Area is a blighted area, the redevelopment of which is necessary to effectuate the purposes of the Community Redevelopment Law, was made in Ordinance No. 2467 when the Amended Southwest Plan was adopted. The City Council finds that (i) such findings set forth in Ordinance Nos. 1827, 2274, 2059, 2420, and 2467 are final and conclusive, (ii) such previously made findings remain valid and effective, and (iii) no further findings concerning the blight findings set forth in Ordinance Nos. 1827,2274,2059,2420, and 2467 are required for the 2004 Amendment. b. The 2004 Amendment Constituent Area, also known as the Added Area, is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law, Part 1 of Division 24 (commencing at Section 33000) of the Health and Safety Code of the State of California ("CRL"). The foregoing finding is based on substantial evidence in the record, including but not limited to the Report to Council and all documents referenced therein. c. The 2004 Amendment will allow continued redevelopment to occur within the Town Centre II, Otay Valley, and Southwest Constituent Areas in conformity with the CRL and in the interests of the public health, safety and welfare. The 2004 Amendment would redevelop the 2004 Amendment Constituent Area in conformity with the CRL and in the interests of the public peace, health, safety, and welfare. The foregoing findings are based on substantial evidence in the record, including but not limited to the Report to Council and all documents referenced therein. d. The finding that the carrying out of the Town Centre II Plan, with respect to the Original Town Centre II Constituent Area, is economically sound and feasible was made in Ordinance No. 1827 when the Town Centre II Plan was adopted and in Ordinance No. 2207 which amended the Town Centre II Plan. Ordinance 2962 Page 5 The finding that the carrying out of the Town Centre II Plan, with respect to the Amended Town Centre II Constituent Area, is economically sound and feasible was made in Ordinance No. 2274 when the Amended Town Centre II Plan was adopted. The finding that the carrying out of the Otay Valley Plan is economically sound and feasible was made in Ordinance No. 2059 when the Otay Valley Plan was adopted. The finding that the carrying out of the Original Southwest Plan is economically sound and feasible was made in Ordinance No. 2420 when the Original Southwest Plan was adopted. The finding that the carrying out of the Amended Southwest Plan is economically sound and feasible was made in Ordinance No. 2467 when the Amended Southwest Plan was adopted. The City Council finds and determines that (i) such findings set forth in Ordinance Nos. 1827,2207,2274,2059,2420, and 2467 are final and conclusive, (ii) such previously made findings remain valid and effective, and (iii) no further findings concerning economic feasibility are required for the 2004 Amendment with respect to the Town Centre II Plan, Original Town Centre II Constituent Area, Amended Town Centre II Constituent Area, Otay Valley Plan, Otay Valley Constituent Area, Southwest Plan, Original Southwest Constituent Area, or Amended Southwest Constituent Area. e. The adoption of the 2004 Amendment, with respect to the 2004 Amendment Constituent Area, is economically sound and feasible, based on substantial evidence in the record, including but not limited to the Report to Council. f. The 2004 Amendment, in the form of the Amended and Restated Redevelopment Plan for the Chula Vista Merged Project Area, including all constituent areas thereof, conforms to the City of Chula Vista General Plan including, but not limited to, the Housing Element thereof, which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division I of Title 7 of the Government Code. This finding is based on substantial evidence in the record, including but not limited to the Report to Council and all documents referenced therein, which includes the finding of the Planning Commission of the City Chula Vista that the 2004 Amendment conforms to the Chula Vista General Plan and all elements thereof. g. The carrying out of the 2004 Amendment, in the form of the Amended and Restated Redevelopment Plan for the Chula Vista Merged Project Area, including all constituent areas thereof, will promote the public peace, health, safety, and welfare of the City of Chula Vista and will effectuate the purposes and policies of the CRL. This finding is based on substantial evidence in the record, including but not limited to the Report to Council, which confIrms that the 2004 Amendment will benefit the Merged Chula Vista Redevelopment Project Area, including all constituent areas thereof, by continuing to provide the Agency with the necessary tools and financial resources to correct conditions of blight, and specifically with respect to the 2004 Amendment Constituent Area, to enable the initiation of redevelopment activities within the 2004 Amendment Constituent Area. h. The condemnation of real property, to the extent provided for in the 2004 Amendment with respect to the Town Centre II Constituent Area (both Original and Amended), the Otay Valley Constituent Area, and the 2004 Amendment Constituent Area, is necessary to the execution of the Amended and Restated Redevelopment Plan, and adequate provisions have been made for payment for property to be acquired as provided by law. This finding is based on substantial evidence in the record, including but not limited to the Report to Council and all documents referenced therein. Ordinance 2962 Page 6 i. The 2004 Amendment does not alter, affect, or amend the Agency's authority, if any, with respect to the condemnation of real property within the Southwest Constituent Area and the City Council finds and determines that (i) all required findings pertaining to the condemnation of real property within the Original Southwest Constituent Area were made in Ordinance No. 2420; (ii) all required findings pertaining to the condemnation of real property within the Amended Southwest Constituent Area was made in Ordinance No. 2467; (iii) such previously made findings are final and conclusive, (iv) such previously made findings remain valid and effective, and (v) no further findings concerning the condemnation of real property with respect to the Original Southwest Constituent Area or Amended Southwest Constituent Area are required for the 2004 Amendment. j. The Agency has adopted a feasible method or plan for the relocation of families and persons displaced ITom Merged Chula Vista Redevelopment Project Area, if the Amended and Restated Redevelopment Plan should result in the temporary or permanent displacement of any occupants of housing facilities in Merged Project Area. This finding is based on substantial evidence in the record, including but not limited to the Report to Council and all documents referenced therein, which includes the Method of Relocation, and on the Agency's adoption of its Resolution No. 1872 approving and adopting a Method of Relocation for the Merged Chula Vista Redevelopment Project In Conjunction With the 2004 Amendment Thereto. k. There are or are being provided in the Merged Chula Vista Redevelopment Project Area, or in other areas not generally less desirable in regard to public utilities and public and commercial facilities, and at rents or prices within the financial means of the families and persons displaced from the Merged Chula Vista Redevelopment Project Area, if any, decent, safe, and sanitary dwellings equal in number to the number of and available to the displaced families and persons and reasonably accessible to their places of employment. This finding is based on substantial evidence in the record, including but not limited to the Report to Council and all documents referenced therein, which includes the Method of Relocation, and on the Agency's adoption of its Resolution No. 1872 approving and adopting a Method of Relocation for the Merged Chula Vista Redevelopment Project In Conjunction With the 2004 Amendment Thereto, and further upon the requirement that the Agency comply with the State Relocation Law (Gov. Code §7260 et seq.), State Relocation Guidelines (25 C.C.R. §6000 et seq.), and such greater requirements, if any, stated in the Agency's adopted Method of Relocation. 1. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to California Health and Safety Code Sections 33411 and 33411.1, and dwelling units housing persons and families of low or moderate income, if any, shall not be removed or destroyed prior to the adoption of a replacement housing plan as statutorily required pursuant to California Health and Safety Code Sections 33334.5, 33413, and 33413.5, to the extent required thereunder. This finding is based on substantial evidence in the record, including but not limited to the Report to Council and all documents referenced therein. m. There are no noncontiguous areas of the Otay Valley Constituent Area and therefore the finding that noncontiguous areas within the Otay Valley Constituent Area are either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from the Otay Valley Constituent Area, was not required to be made in Ordinance No. 2059 when the Otay Valley Plan was adopted. The City Council finds and determines that (i) the Ordinance 2962 Page 7 2004 Amendment does not alter or affect the boundaries of the Otay Valley Constituent Area; and (ii) therefore no further findings concerning noncontiguous areas is required for the 2004 Amendment with respect to the Otay Valley Plan or Otay Valley Constituent Area. The City Council further finds and determines that (i) the 2004 Amendment does not alter or affect the boundaries of the Town Centre II Constituent Area; and (ii) therefore no further findings concerning noncontiguous areas is required for the 2004 Amendment with respect to the Town Centre II Plan, Original Town Centre II Constituent Area, or Amended Town Centre II Constituent Area. The City Council further finds and determines that the finding that all noncontiguous areas of the Original Southwest Constituent Area and Amended Southwest Constituent Area are either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from such Constituent Area was made in Ordinance Nos. 2420 and 2467, pertaining to the Original Southwest Constituent Area and Amended Southwest Constituent Area, respectively, and the City Council further finds and determines that (i) such findings set forth in Ordinance Nos. 2420 and 2467 are final and conclusive, (ii) such previously made findings remain valid and effective, (iii) the 2004 Amendment does not alter or affect the boundaries of the Original Southwest Constituent Are or Amended Southwest Constituent Area, and (iv) no further findings concerning noncontiguous areas is required for the 2004 Amendment with respect to the Southwest Plan, Original Southwest Constituent Area, or Amended Southwest Constituent Area. n. All noncontiguous areas of the 2004 Amendment Constituent Area are either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of taxes ITom the 2004 Amendment Constituent Area. This finding is based on substantial evidence in the record, including but not limited to the Report to Council and all documents referenced therein. o. The finding that inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety, or welfare is necessary for effective redevelopment of the Original Town Centre II Constituent Area, Amended Town Centre II Constituent Area, Otay Valley Constituent Area, Original Southwest Constituent Area, and Amended Southwest Constituent Area, and that any area included in such Constituent Area is necessary for effective redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from the particular Constituent Area pursuant to Health and Safety Code Section 33670 without other substantial justification for its inclusion, was made in Ordinance Nos. 1827,2207,2274,2059,2420, and 2467, pertaining to such Constituent Area. The City Council finds and determines that (i) such findings set forth in Ordinance Nos. 1827, 2207, 2274, 2059, 2420, and 2467 are final and conclusive, (ii) such previously made findings remain valid and effective, (iii) the 2004 Amendment does not alter or affect the boundaries of any of the foregoing Constituent Areas; and (iv) no further findings concerning whether inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety, or welfare is necessary for effective redevelopment, is required for the 2004 Amendment with respect to the Town Centre II Plan, Original Town Centre II Constituent Area, Amended Town Centre II Constituent Area, Otay Valley Plan, Otay Valley Constituent Area, Southwest Plan, Original Southwest Constituent Area, or Amended Southwest Constituent Area. p. The inclusion of any lands, buildings, or improvements within the 2004 Amendment Constituent Area which are not detrimental to the public health, Ordinance 2962 Page 8 safety, or welfare is necessary for effective redevelopment of the 2004 Amendment Constituent Area, and that any area included is necessary for effective redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from the 2004 Amendment Constituent Area pursuant to Health and Safety Code Section 33670 without other substantial justification for its inclusion. This finding is based on substantial evidence in the record, including but not limited to the Report to Council including all documents referenced therein. q. The finding that the elimination of blight and the redevelopment of Original Town Centre II Constituent Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency was made in Ordinance No. 1827 when the Original Town Centre II Plan was originally adopted and in Ordinance No. 2207 amending the Original Town Centre II Plan. The finding that the elimination of blight and the redevelopment of Amended Town Centre II Constituent Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency was made in Ordinance No. 2274 when the Amended Town Centre II Plan was originally adopted. The finding that the elimination of blight and the redevelopment of Otay Valley Constituent Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency was made in Ordinance No. 2059 when the Otay Valley Plan was originally adopted. The finding that the elimination of blight and the redevelopment of Original Southwest Constituent Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency was made in Ordinance No. 2420 when the Original Southwest Plan was originally adopted. The finding that the elimination of blight and the redevelopment of Amended Southwest Constituent Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency was made in Ordinance No. 2467 when the Amended Southwest Plan was originally adopted. The City Council finds and determines that (i) such findings set forth in Ordinance Nos. 1827,2207,2274,2059,2420, and 2467 are final and conclusive, (ii) such previously made findings remain valid and effective, and (iii) no further findings concerning whether the elimination of blight and the redevelopment of Original Town Centre II Constituent Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency, are required for the 2004 Amendment with respect to the Town Centre II Plan, Original Town Centre II Constituent Area, Amended Town Centre II Constituent Area, Otay Valley Plan, Otay Valley Constituent Area, Southwest Plan, Original Southwest Constituent Area, or Amended Southwest Constituent Area. r. The elimination of blight and the redevelopment of 2004 Amendment Constituent Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. This finding is based on substantial evidence in the record, including but not limited to the Report to Council. s. A finding that the redevelopment project area is a "predominantly urbanized" area, as is now required and as now defined by the CRL, was not required to be made for the Original Town Center II Constituent Area when the Original Town Center II Plan was adopted by Ordinance No. 1827, or for the Amended Town Centre II Constituent Area when the Amended Town Centre II Plan was adopted by Ordinance No. 2274, or for the Otay Valley Constituent Ordinance 2962 Page 9 Area when the when the Otay Valley Plan was adopted by Ordinance No. 2059, or for the Original Southwest Constituent Area when the Original Southwest Plan was adopted by Ordinance No. 2420, or for the Amended Southwest Constituent Area when the Amended Southwest Plan was adopted by Ordinance No. 2267. The City Council finds and determines that (i) the 2004 Amendment does not alter or affect the boundaries of the Original Town Center II Constituent Area, the Amended Town Centre II Constituent Area, the Otay Valley Constituent Area, the Original Southwest Constituent Area, or the Amended Southwest Constituent Area, and (ii) therefore no further finding or determination concerning the foregoing is required for the 2004 Amendment with respect to the Original Town Center II Constituent Area, the Amended Town Centre II Constituent Area, the Otay Valley Constituent Area, the Original Southwest Constituent Area, or the Amended Southwest Constituent Area. t. The 2004 Amendment Constituent Area is predominantly urbanized as defined in the CRL. This finding is based on substantial evidence in the record, including but not limited to the Report to Council. u. The finding that the time limitations and, if applicable, the limitation on the number of dollars to be allocated to the Agency that are contained in the Original Town Centre II Plan, the Amended Town Centre II Plan, the Otay Valley Plan, the Original Southwest Plan, and the Amended Southwest Plan are reasonably related to the proposed projects to be implemented in the foregoing constituent areas and to the ability of the Agency to eliminate blight within these constituent areas, if and to the extent required to be made with respect to such plans and constituent areas, were previously made in conjunction with the adoption of previous ordinances. The City Council fmds and determines that (i) such findings and determinations set forth in the previously adopted ordinances pertaining to the foregoing listed plans and constituent areas, if and to the extent then required to have been made, are final and conclusive, (ii) such previously made findings and determinations, if and to the extent required to have been made, remain valid and effective, and (iii) no further finding or determination concerning the foregoing is required for the 2004 Amendment with respect to the Original Town Centre II Constituent Area, the Amended Town Centre II Constituent Area, the Otay Valley Constituent Area, the Original Southwest Constituent Area, or the Amended Southwest Constituent Area. The Amended and Restated Redevelopment Plan continues the limitations applicable to each of the foregoing listed constituent areas and the 2004 Amendment, in the form of the Amended and Restated Redevelopment Plan, does not alter or amend these limitations with respect to these constituent areas. v. The time limitations that are contained in the Amended and Restated Redevelopment Plan with respect to the 2004 Amendment Constituent Area are reasonably related to the proposed projects to be implemented in the foregoing constituent areas and to the ability of the Agency to eliminate blight within the 2004 Amendment Constituent Area. This finding is based on substantial evidence in the record, including but not limited to the Report to Council, and upon the further reason that the time limitations applicable to the 2004 Amendment Constituent Area set forth in the Amended and Restated Redevelopment Plan per the 2004 Amendment are consistent with and in compliance with the requirements of the CRL, including but not limited to Health and Safety Code Section 33333.2. The City Council further finds that the 2004 Amendment with respect to the 2004 Amendment Constituent Area is not required to state a limitation on the number of dollars to be allocated to the Agency from the 2004 Amendment Constituent Area. Ordinance 2962 Page 10 SECTION 4. The City Council declares that it is satisfied that permanent housing facilities will be available within three (3) years ITom the time any residential occupants of the Merged Chula Vista Project Area (collectively, the Town Centre II Constituent Area, Otay Valley Constituent Area, Southwest Constituent Area, and 2004 Amendment Constituent Area) are displaced, if any, and that pending the development of the facilities there will be available to the displaced housing occupants, if any, adequate temporary dwelling facilities at rents comparable to those in the City at the time of their displacement. This finding is based on substantial evidence in the record, including but not limited to the Report to Council, which includes the Method of Relocation, and on the Agency's adoption of its Resolution No. 1872 approving and adopting a Method of Relocation for the Merged Chula Vista Redevelopment Project In Conjunction With the 2004 Amendment, and further upon the requirement that the Agency comply with the State Relocation Law (Gov. Code §7260 et seq.), State Relocation Guidelines (25 C.C.R. §6000 et seq.), and such greater requirements, if any, stated in the Agency's adopted Method of Relocation, and compliance with Health and Safety Code Section 33411 and 33411.1, providing that families and persons shall not be displaced prior to the adoption of a relocation plan, and with Health and Safety Code Sections 33334.5, 33413, and 33413.5, providing that dwelling units housing persons and families of low or moderate income, if any, shall not be removed or destroyed prior to the adoption of a replacement housing plan, to the extent required pursuant to such statutory provisions. SECTION 5. In order to implement and facilitate the effectuation of the 2004 Amendment in the form of the Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project Area, the City Council hereby (a) pledges the cooperation of the City to help carry out the Amended and Restated Redevelopment Plan, (b) requests that the various officials, departments, boards and agencies of the City having administrative responsibilities in the Merged Chula Vista Redevelopment Project Area likewise cooperate to such end and exercise their respective functions and powers in a manner consistent with the redevelopment of the Merged Chula Vista Redevelopment Project Area, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Amended and Restated Redevelopment Plan, and (d) declares its intention to undertake and complete any proceeding necessary to be carried out by the City under the provisions of the Amended and Restated Redevelopment Plan. SECTION 6. The 2004 Amendment in the form of the Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project Area is incorporated herein by this reference, and said Amended and Restated Redevelopment Plan is hereby approved as, and declared to be, the official redevelopment plan for the Merged Chula Vista Redevelopment Project Area. SECTION 7. The Building Department of the City is hereby directed, for a period of two years ITom and after the effectiveness of this Ordinance, to advise all applicants for building permits for construction of buildings or other improvements on sites located within the 2004 Amendment Constituent Area, that such site(s) is within a redevelopment project area. SECTION 8. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, whereupon the Agency is vested with the responsibility for carrying out the Amended and Restated Redevelopment Plan. SECTION 9. The City Clerk is hereby directed to (i) record with the San Diego County Recorder a Statement of Proceedings identifying by recorded instrument number the previously recorded legal description of the Original Town Centre II Constituent Area, Amended Town Centre II Constituent Area, Otay Valley Constituent Area, Original Southwest Constituent Area, Ordinance 2962 Page 11 and Amended Southwest Constituent Area, and attaching to such Statement a legal description of the 2004 Amendment Constituent Area, to provide notice that the 2004 Amendment in the form of the Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project Area has been approved in conformity with the CRL; and (ii) submit the documents described in Health and Safety Code Section 33375 to such officials as described in said section within the time set forth in said section. SECTION 10. The City Clerk is hereby directed to transmit a copy of the Statement of Proceedings, the legal description of the 2004 Amendment Constituent Area, the 2004 Amendment in the form of the Amended and Restated Plan for the Merged Chula Vista Redevelopment Project Area, and/or such other documents to such other parties as may be directed by the Agency. SECTION 11. This ordinance shall be in full force and effect thirty (30) days ITom and after the date of final passage. SECTION 12. If any part of this ordinance, or the 2004 Amendment (in the form of the Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project Area) which it approves, is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this ordinance or of the 2004 Amendment, and the City Council hereby declares it would have passed the remainder of this ordinance or approved the remainder of the 2004 Amendment if such invalid portion thereof had been deleted. SECTION 13. The City Clerk is authorized and directed to post or publish this ordinance or a summary thereof in the manner provided by the City Charter. Presented by Approved as to form by C^--r~ Ann Moore City Attorney Ordinance 2962 Page 12 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 4th day of May, 2004, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: ATTEST: ~~10DL Susan Bigelow, CMC, City erk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA Davis, Salas and Padilla None None McCann and Rindone ~tiiü ./ I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2962 had its first reading at a regular meeting held on the 20th day of April, 2004 and its second reading and adoption at a regular meeting of said City Council held on the 4th day of May, 2004. Executed this 4th day of May, 2004. ~L-UL-'-~~ Susan Bigelow, CMC, City C erk