HomeMy WebLinkAboutOrd 2006-3038
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ORDINANCE NO 3038
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
REDEVELOPMENT PLANS FOR THE MERGED
BA YFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT
AREA (ONLY PERTAINING TO BA YFRONT ORIGINAL AND
TOWN CENTRE I), PURSUANT TO SENATE BILL 1096
(CHAPTER 211, STATUTES OF 2004) AS CODIFIED IN
HEALTH AND SAFETY CODE SECTION 333336
WHEREAS, the City Council adopted and subsequently amended the Redevelopment Plan
for the Bayfront Original Project Area on July 17,1979 by Ordinance No. 1872, April 22, 1986 by
Ordinance No. 2146, January 4, 1994 by Ordinance No. 2585, November 8,1994 by Ordinance No.
2608, July 7,1998 by Ordinance No. 2734, January 13, 2004 by Ordinance No. 2948, and February
3, 2004 by Ordinance No. 2950; and
WHEREAS, the City Council adopted and subsequently amended the Redevelopment Plan
for the Town Centre I Project Area on July 17, 1979 by Ordinance No. 1872, April 22, 1986 by
Ordinance No. 2146, January 4, 1994 by Ordinance No. 2585, November 8,1994 by Ordinance No.
2609, July 7,1998 by Ordinance No. 2735, January 13,2004 by Ordinance No. 2948, and February
3,2004 by Ordinance No. 2950; and
WHEREAS, Section 33333.6(e)(2)(D) of the California Community Redevelopment Law,
Health and Safety Code Sections 33000 et seq. (Law), provides that when an agency is required to
make payments to the Educational Revenue Augmentation Fund during Fiscal Years 2004/2005 and
2005/2006 pursuant to Section 33681 12 of the Law, the legislative body may extend the
effectiveness of the redevelopment plan by up to two years, provided the agency can make certain
findings; and
WHEREAS, the Chula Vista Redevelopment Agency (Agency) desires to amend the
Redevelopment Plans pursuant to the authority granted in Section 33333.6(e)(2)(D) of the Law to
allow the Agency to extend the time to collect tax increment because of the loss of funds resulting
from the requirement to make payments to the Educational Revenue Augmentation Fund that would
have otherwise been used to pay for the costs of projects and activities necessary to carry out the
goals and objectives of the Redevelopment Plans; and
WHEREAS, the Agency determined that the loss of revenue due to the payments of the
Educational Revenue Augmentation Fund will impair their ability to fund future projects; and
WHEREAS, the time limit for the effectiveness of the Redevelopment Plan for the Bayfront
Original Project Area is July 16, 2015, which is more than 10 years but less than 20 years from the
last day in Fiscal Year 2004/2005, and less than 10 years from the last day in Fiscal Year and
2005/2006, in which the payment required by Section 33681 12 of the Law must be made; and
Ordinance No. 3038
Page 2
WHEREAS, the time limit for the effectiveness of the Redevelopment Plan for the Town ---...
Centre I Project Area is July 6, 2017, which is more than 10 years but less than 20 years from the last
day in Fiscal Years 2004/2005 and 2005/2006 in which the payment required by Section 33681 12 of
the Law must be made; and
WHEREAS, the Agency is in compliance with the requirements of Section 33334.6, of the
Law which generally requires that not less than 20 percent of the taxes allocated to the Agency
beginning in Fiscal Year 1985/1986 be used to increase, improve and preserve the community's
supply of affordable housing; and
WHEREAS, the Agency has adopted an implementation plan in accordance with the
requirements of Section 33490 of the Law on July 18, 2006 (Implementation Plan); and
WHEREAS, as demonstrated in the Implementation Plan, the Agency is in compliance with
Section 33413 of the Law; and
WHEREAS, the Agency is not subject to sanctions pursuant to subdivision (e) of Section
33334 12 of the Law for the failure to expend, encumber, or disburse an excess surplus; and
WHEREAS, pursuant to Section 33333.6 (e)(3)(A) of the Law, a public hearing has been
conducted and duly noticed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
HEREBY ORDAIN AS FOLLOWS
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1 The time limit on the effectiveness of the Redevelopment Plan for Bayfront Original Project
Area, as set forth in Section 1104 of the Redevelopment Plan, is hereby extended by two (2)
years to July 16, 2017.
2. The time limit on the effectiveness of the Redevelopment Plan for Town Centre I Project
Area, as set forth in Section 1104 of the Redevelopment Plan, is hereby extended by two (2)
years to July 6, 2019.
3 Except as amended hereby, the Redevelopment Plans shall remain in full force and effect
according to its terms.
4 All required proceedings and considerations precedent to the adoption of this Ordinance have
been regularly taken in accordance with applicable law.
5 The City Manager shall notifY the appropriate public entities of the adoption of this
Ordinance.
6. Should any provision, portion, part or section of this Ordinance be held invalid by any court
of competent jurisdiction, the invalid provision, portion, part, or section shall be stricken and
the remainder shall be severable from such invalid provision, portion, part or section and
such remainder shall remain in full force and effect. ~
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Ordinance No. 3038
Page 3
7 This Ordinance shall be in full force and in effect thirty (30) days after passage.
8. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published
or posted as required by law within fifteen (15) days after its passage.
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Ann Hix
Acting Community Development Director
Approved as to form by
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Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 25th day of July, 2006, by the following vote:
AYES.
Councilmembers:
Chavez, McCann, and Padilla
NAYS.
Councilmembers:
None
ABSENT
Councilmembers:
Rindone
ABSTAIN: Councilmembers:
ATTEST
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Susan Bigelow, MMC, 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
Ordinance No. 3038 had its first reading at a regular meeting held on the 18th day of July, 2006 and
its second reading and adoption at a regular meeting of said City Council held on the 25th day of July
2006.
Executed this 25th day of July 2006.
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Susan Bigelow, MMC, City rk