HomeMy WebLinkAboutRDA Reso 2002-1779
RESOLUTION NO. 1779
(COUNCIL RESOLUTION NO. 2002-191)
JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
INITIATING THE PROCESS AND SETTING THE DATE AND TIME
FOR A JOINT PUBLIC HEARING TO CONSIDER AMENDING THE
MERGED SOUTHWEST REDEVELOPMENT PLAN TO EXTEND
EMINENT DOMAIN AUTHORITY FOR AN ADDITIONAL TWELVE-
YEAR PERIOD
WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted
Ordinance No. 2420 on November 27, 1990, approving and establishing the Redevelopment Plan for
the Southwest Redevelopment Project, and the City Council has since amended said Redevelopment
Plan on July 9, 1991 by Ordinance No. 2467, on November 6, 1994 by Ordinance No. 2612, and on
August 22, 2000 by Ordinance No. 2819; and,
WHEREAS, the City of Chula Vista Redevelopment Agency ("Agency") has proposed a
fourth amendment to the Redevelopment Plan for the Southwest Redevelopment Project
("Amendment") in the form attached hereto as Exhibit "A"; and
WHEREAS, the Amendment proposes to extend the time limit to commence eminent
domain on any Project Area property except for residential property in a residential zone; and
WHEREAS, pursuant to Sections 33458 and 33355 of the Califomia Community
Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Law"), a joint public hearing on
the Amendment may be held with the consent of the City Council and Agency.
NOW, THEREFORE, BE IT RESOLVED that the City Council and Redevelopment
Agency of the City of Chula Vista do hereby:
1. Initiate the process for a Fourth Amendment to the Merged Southwest
Redevelopment Plan for the purpose of extending eminent domain authority for an additional twelve-
year period and direct staff to take all necessary and appropriate actions to process the amendment;
and
2. Authorize and consent to holding a joint public hearing with the City of Chula
Vista City Council and Redevelopment Agency on August 6, 2002, at 4:00 p.m. in the Council
Chambers, for the purpose of considering the proposed Fourth Amendment.
Presented by
Approved as to form by
~~
Chris Salomone
Director of Community Development
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Resolution No. 1779
Page 2
PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA, CALIFORNIA this 4th day of June, 2002 by the following vote:
AYES:
Members Davis, Padilla, Rindone, Salas, and Chair/Mayor Horton
NOES:
None
ABSENT:
None
ABSTENTIONS:
None
.,¿jIV4. ¿//-jx' Æi4
Shirley Horton
Chairman
ATTEST:
~~
Chris Salomone
Executive Secretary
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss:
CITY OF CHULA VISTA)
I, Chris Salomone, Executive Secretary to the Redevelopment Agency of the City of Chula Vista,
California DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No.
1779 and that the same has not been amended or repealed.
Dated: June 5,2002
CL~
Chris Salomone
Executive Secreta ry
EXHIBIT A
FOURTH AMENDMENT TO THE
REDEVELOPMENT PLAN FOR THE
MERGED SOUTHWEST REDEVELOPMENT PROJECT
The Redevelopment Plan for the Merged Southwest Redevelopment Project adopted on
November 27, 1990 by Ordinance No. 2420, as amended on July 9, 1991 by Ordinance No.
2467, November 6, 1994 by Ordinance No. 2612, and August 22, 2000 by Ordinance No. 2819
(the "Plan"), is hereby further amended as follows: .
Section 503 of the Plan is hereby amended to read as follows:
"1. (503) Acquisition of Real Property
The Agency may acquire real property by any means authorized by law,
including by gift, grant, exchange, purchase, cooperative negotiations, lease
or any other means authorized by law including eminent domain. However,
for the duration of the Redevelopment Plan, the Agency shall not exercise
the power of eminent domain to acquire any residential dwelling units,
except with the consent of the owner, that are then being used for residential
purposes, within land use designations' or zoning classification areas
designated for such residential purposes under the adopted Specific and
General Plans of the City of Chula Vista, or as these documents may
hereafter be amended by the City of Chula Vista.
The Agency shall not acquire real property on which an existing building is
to be continued on its present site and in its present form and use without the
consent of the owner, unless: (1) such building requires structural alteration,
improvement, modernization, or rehabilitation; or (2) the site or lot on
which the building is situated requires modification in size, shape, or use; or
(3) it is necessary to impose upon such property any of the standard
restrictions and controls of the Plan and the owner fails or refuses to
participate in the Plan by executing a participation agreement.
Except as otherwise provided herein, or otherwise provided by law, no
eminent domain proceeding to acquire property within the Project Area shall
be commenced after twelve (12) years following the date of adoption of the
ordinance approving and adopting the Fourth Amendment to this Plan....2Jl
July 17. 2002. Such time limitation may be extended only by amendment of
this Redevelopment Plan." . .
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C:\MyFUcs\Projecís\PJan AmcndmclIlJ & ExpalJ5;on\Amdment to SouthwCi1P1an.doc