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Home My WebLink About2006/07/25 Item 1 ~.~ ORDINANCE NO C\\O~ t>POi A.c"J ORDINANCE OF THE CITY OF CH1JLA~~~~ENDING' REDEVELOPJv[ENT PLANS F~\)\'rHE Jv[ERGED BA YFRONT/TOWN CENTRE ~VELOPJv[ENT PROJECT AREA (ONL Y PERTAINING~BA YFRONT ORIGINAL AND TOW"N CENTRE I) PURSUANT TO SENATE BILL 1096 (CHAPTER 211, STATUTES OF 2004) AS CODIFIED IN HEAL TH AND SAFETY CODE SECTION 33333 6 WHEREAS, the City Council adopted and subsequently amended the Redevelopment Plan for the Bayfront Original Project Mea on July 17, 1979 by Ordinance No 1872, April 22, 1986 by Ordinance No 2146, January 4,1994 by Ordmance 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 mal(e payments to the Educational Revenue AugmentatIOn Fund during Fiscal Years 2004-05 and 2005-06 pursuant to SectIOn 33681 12 ofthe 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 mal,e payments to L'le EducatIOnal Revenue Augmentation Fund that would have oL'lerwise been used to pay for the costs of proj ects and activitIes necessary to carry out L'le goals and objectives of the Kedevelopment Plans; and WHEREAS, the Agency determined L'lat the loss of revenue due to L'le payments of L'le Educational Revenue Augmentation Fund will impalI their ability to fund futme projects; and WHEREAS, the time limit for the effectiveness ofthe Redevelopment Plan for L'le Bayfront Original Project Mea is July 16,2015, which is more L'lan 10 years but less than 20 years from L'le last day in Fiscal Year 2004-05 and less L'lan 10 years from L'le last day in and Fiscal Year and 2005- 06, in which L'le payment required by Section 33681 12 ofL'le Law must be made' and WHEREAS, L'le time limit for the effectiveness of the Redevelopment Plan for L'le Town Centre I Project Mea is July 6, 2017, which IS more than 10 years but less than 20 years from t.l:1e last 1-1 RDA Resolution No 2006- Page 2 day in Fiscal Years 2004:05 and 2005-06 in which the payment required by Section 33681 12 of the Law must be made; and \VHEREAS, the Agency IS in compliance with the requirements of Section 333346, of the Law which generally requires that not less than 20 percent of the taxes allocated to the Agency begmning in Fiscal Year 1985-86 be used to increase, improve and preserve the community's supply of affordable housmg; and vVHEREAS, 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 W1IEREAS, the Agency is not subject to sanctions pursuant to subdivision (e) of Section 33334 12 ofthe Law for the failure to expend, encumber, or disburse cui excess surplus; and 'vVHEREAS, 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 OlliLA VISTA DOES HEREBY ORDAIN AS FOLLOWS I The time limit on the effectiveness ofthe Redevelopment Plan for Bayfront Onginal Project Area, as set forth in Section 1104 ofthe Redevelopment Plan, is hereby extended by twO (2) years to July 16, 2017 2. The time limit on the etIectiveness of the Redevelopment Plan for Town Centre I Project i\rea, as set forth in Section 1104 of the Redevelopment Plan, is hereby eX1ended 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 t3.ken in accordance with applicable law 5 The City Manager shall notify the appropriate public entities of the adop1ion of this Ordinance. 6 Should any proVISIon, portion, part or section of this Ordmance be held invalid by any COli.c-L of competent jurisdic1ion, the invalid provision, portion, part, or section shall be stricken mld the remainder shall be severable from such invalid prOVIsion, ponion, part or section and such remainder shall remain in full force and effect. . 1-2 '. RDA Resolution No 2006- Page 3 7 This Ordmance shall be in full force and m effect t,':1irty (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. Presented by' Approved as to form by Ann Hix Assistant Director of Comrnuruty Development ,ti7idl!~0r#i I /i ~~ Moore I__l City Att<;>rney . JJ,..<..O/ 1-3 ., \ . ORDINANCE NO AN, ORDINi\l'JCE OF THE CITY OF CHULA 'lIST i),.~ING THE REDEVELOPMENT PLA..N FOR THE ~~ED CHULA VISTA REDEVELOPMENT PR01~~ l\REA (ON1. Y PERTAINING TO TOWN CENT~\.(5'RrGINi\L A..t'ID OTAY VALLEY) PlJRSUANTTO ~EBILL 1096 (CHAPTER211 STATUTES OF 2004) ASi%'6rFIED IN HEALTH AND SAFETY CODE SECTION 33333 6 WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted and subsequently amended the Redevelopment Plan for the Town Centre II Onginal Project .!\rea on May 19,1987 by Ordinance No 2207, July 19,1988 by Ordmance No 2274, November 8,1994 by Ordinance No 2610, August 22,2000 by Ordinance No. 2817, January 13, 2004 by Ordinance No 2947, February 3, 2004 by Ordinance No 2949, and May 4, 2004 by Ordinance No 2962, and WHEREAS, the City Council adopted and subsequently amended the Redevelopment Plan for the OtayValley Projecti'u-ea on November 8,1994 by Ordmance No 2611, August 22, 2000 by Ordinance No 2818, January 13, 2004 by Ordinance No 2947, February 3,2004 by Ordinance No. 2949, and May 4,2004 by Ordmance No 2962, and WHEREAS, Section 33333 6(e)(2)(D) of the California ComnlUnity 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 2004-05 and 2005-06 pursuant to Section 33681 12 of the Law, t,':te 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 Plan 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 t':tat 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 Plan, and V/HEREAS, the Agency determined that the loss of revenue due to the payments of the Educational Revenue AugmentatlOn Fund will impair their ability to fund future projects; and WHEREAS, the time limit for the effectiveness of the Redevelopment Plan for the Town Centre II Original Project Nea is August 15,2019, which is more than 10 years but less than 20 years from the last day jn Fiscal Years 2004-05 and 2005-06 in which the payment required by Sectlon 33681 12 of the Law must be made, and WHEREAS, the time limit for the effectiveness of the Redevelopment Plan for the Otay Valley Project Nea is December 29, 2024, which is more than 10 years but less than 20 years from the last day in Fiscal Years 2004-05 and 2005-06 in which the payment required by Section 33681 12 1-4 Ordinance No 2006- Page 2 ,. WHEREAS, the Agency is m compliance with the requuements of Section 333346, ofthe Law which generally requirestlJ.at not less than 20 percent of the tiL'{es allocated to the Agency beginning m Fiscal Year 1985-86 be used to increase, improve and preserve the community's supply of affordable housing; and ' WHEREAS, the Agency has adopted an implementation plan in accorda..'1ce 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 v.ith Section 33413 of the Law; and WHEREAS, the Agency is not subject to sanctlOns 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 333336 (e)(3)(A) of the La,\" a public hearing has been conducted and duly noticed. NOW, THEREFORE, TIIE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN AS FOLLOWS I The time limit on the effectiveness of the Redevelopment Plan for the ToVv'Il Centre TI Original Proj ect Area, as set forth in Section 1104 of the 'Redevelopment Plan, is hereby extended by two (2) years to August .15 2021 2. The time limit on the effectiveness of the Redevelopment Plan for Otar Valley Project Area, as set forth in Section 1104 of the Redevelopment Plan, is hereby extended by two (2) years to December 29, 2026 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 talcen 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, t..l]e invalid provision, portion, part, or section ;h;'lll be stricken and the remainder shall be severable from such invalid provision, portion, part or section and such remainder shall remain m full force and effect. 7 ThIS Ordinance shall be in full force and in effect thirty (30) days after passage. 1-5 " Ordinance No 2006- Page 3 8 The Mayor shall sign this 'Ordinance and the City Clerk shall cause the same to be published or posted as required by law withm fifteen (15) days after its passage. Presented by. Approved as to form by Ann HL,( Assistant Director of Community Development -7/ ~/.//# .~ - / '\ ?"? /~''-'/ / J /.- -7 :'i-t;;:tJ,,(/ fl "0'0! fI.n:6Moore {) City Attorney /-ip/ 1-6