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HomeMy WebLinkAboutOrd 2000-2819ORDINANCE NO. 2819 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ADOPTING THE THIRD AMENDMENT TO THE SOUTHWEST REDEVELOPMENT PROJECT AREA PLAN AND THE MERGER OF THE SOUTHWEST REDEVELOPMENT PROJECT AND TOWN CENTRE NO. II REDEVELOPMENT PROJECT AND THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF THE COMMUNITY REDEVELOPMENT LAW, HEALTH AND SAFETY CODE SECTION 33485 et seq. WHEREAS, the City Council adopted the Redevelopment Plan for the Southwest Redevelopment Project on November 27, 1990, pursuant to Ordinance No. 2420, and the Town Centre No. II Redevelopment Project on August 15, 1978, pursuant to Ordinance No. 1827 and the Redevelopment Plan for the Otay Valley Road Redevelopment Project on December 29, 1983, pursuant to Ordinance No. 2059; and WHEREAS, the City Council proposes to amend these three existing redevelopment plans (' 'Redevelopment Plans' ') for the above described projects ("Plan Amendments' ') for the purpose o f merging the three projects for financing purposes as permitted by Sections 33485-33489 of the Califomia Community Redevelopment Law, Health and Safety Code Section 33000, et seq. CCRL"); and WHEREAS, the Redevelopment Plan for the Southwest Redevelopment Project was originally adopted on November 27, 1990, by City Council Ordinance No. 2420 and such plan and project was amended on July 9, 1991, by Ordinance No. 2467 and amended on November 8, 1994, by Ordinance No. 2612; and WHEREAS, the amendment carried out by this Ordinance is the third amendment ("Third Amendment") to the Redevelopment Plan for the Southwest Redevelopment Project; and WHEREAS, the purpose of this proposed Third Amendment is to merge the Southwest Redevelopment Project with the Town Centre No. II Redevelopment Project and the Otay Valley Road Redevelopment Project (collectively, the "Merged Redevelopment Project") pursuant to CRL Article 16, Section 33485, et seq.; and WHEREAS, although each of the proposed Plan Amendments will be considered and adopted separately pursuant to the CRL, to facilitate their consideration the Plan Amendments have been aggregated and presented together in a single joint public heating on the proposed merger; and WHEREAS, this Ordinance relates to the amendment of the Southwest Redevelopment Project and the merger of that Redevelopment Project Area together with the Redevelopment Plan for the Town Centre No. II Redevelopment Project and the Otay Valley Road Redevelopment Project (collective "Merged Area"); and WHEREAS, the Southwest Redevelopment Project by this Ordinance shall be merged with the Town Centre No. II Redevelopment Project and the Otay Valley Road Redevelopment Project so that taxes attributable to each constituent project area which are allocated to the Agency pursuant to Section 33670(b) of the CRL are to be allocated to the entire Merged Redevelopment Project area Ordinance 2819 Page 2 for the purpose of paying principal of, and interest on, indebtedness incurred by the Agency to finance or re~nance, in whole or in part, the Merged Redevelopment Project; except that any such taxes attributable to any constituent project area shall first be used to pay indebtedness in compliance with the terms of any bond resolution or other agreement pledging such taxes from the constituent project area, which resolution or other agreement was adopted or approved by the Agency prior to the merging of these three projects; and except as otherwise noted above, tax increment revenue attributed to each constituent project may be used for any lawful purpose in any constituent project now within the Merged Redevelopment Project; and WHEREAS, for financing purposes and for any other purposes permitted or required by law, the three constituent projects that have been merged by the respective Plan Amendments together and collectively, shall be called the "Merged Redevelopment Project," and the three constituent project areas together and collectively, shall be called the "Merged Redevelopment Project Area." WHEREAS, the City Council has received from the Redevelopment Agency of the City of Chula Vista (the "Agency") the proposed Third Amendment to the Southwest Redevelopment Project, a copy of which is on file at the office of the City Clerk, together with the Agency's Report to City Council including the reasons for such Plan Amendment; and WHEREAS, a Project Area Committee was not required to be formed in connection with the subject Plan Amendment because such does not affect the existing authority to the Agency to acquire, by eminent domain, property on which a substantial number of low and moderate income persons reside and because the subject Plan Amendment does not grant the Agency authority to fund or develop any additional public projects that will displace a substantial number of low income persons or moderate income persons; and WHEREAS, the subject Plan Amendment would have no impact on the General Plan for the City of Chula Vista because it only merges the existing Redevelopment Plans into the Merged Redevelopment Project; and WHEREAS, in conformity with the requirements of CRL Section 33490, the Agency has previously adopted and has in place an implementation plan for each Project Area that describes the redevelopment project area, the specific goals and objectives for the project area, and the specific programs, including potential projects and estimated expenditures proposed during the five (5) year term of each Implementation Plan, and further, each implementation plan includes an explanation of how the goals, objectives, programs, and expenditures will eliminate blight in the project area and implement the affordable housing requirements of the CRL; and WHEREAS, the implementation plans in place are current for the five year period 2000 through 2004, and do not require amendment in connection with the plan amendments or these roerger proceedings; and WHEREAS, the proceedings for the merger of the three project areas have proceeded pursuant to and in conformity with CRL Section 33486 through the proposed amendment of each affected redevelopment plan for each project area as provided in Article 12 of the CRL, Section 33450, et seq.; and Ordinance 2819 Page 3 WHEREAS, Section 33457.1 of Article 12 provides that to the extent warranted by a proposed amendment to a redevelopment plan, the reports and information required by Section 33352 and 33367 will be prepared; and WHEREAS, the City Council and the Agency held a joint public heating on August 15, 2000, on the proposed adoption of the Plan Amendments in the City Council Chambers, City Hall 476 Fourth Avenue, Chula Vista, California; and WHEREAS, notice of said joint public heating was duly and regularly published in the Chula Vista Star News, a newspaper of general circulation in the City of Chula Vista, pursuant to the provisions of Government Code 6063 and CRL Section 33452, once a week for three successive weeks prior to the date of such joint public hearing, and a copy of said notices is on file with the City Clerk and the Agency; and WHEREAS, copies of the notice of joint public heating were mailed by first class mail to the last known address of each assessee as shown on the last equalized assessment roll of the County of San Diego for each parcel offand in each of the subject Project Areas, and to each resident and business within each of the subject Project Areas whose names and addresses could reasonably be identified by the Agency, not less than thirty (30) days prior to the date of such joint public heating; and WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in each of the subject Project Areas and to the California Department of Housing and Community Development; and WHEREAS, the City has independently found and determined that such Plan Amendments are exempt from the provisions of the California Environmental Quality Act CCEQA"), Public Resources Code Section ("PRC") as a Class 20 categorical exemption pursuant to PRC Sections 21080(b)(a) and 21084(a) and Section 15320 of the Guidelines promulgated thereunder; the Plan Amendments will result merely in a financial consolidation of the Merged Areas with no potential for significant impact on the environment; and WHEREAS, the City Council has considered the Report to Council from the Agency with regard to the Plan Amendments, 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 Plan Amendments and the proposed merger, and has made a written response to each written objection of an affected property owner and taxing entity filed with the City Clerk before the hour set for such joint public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby finds and determines, based on the evidence in the record, including, but not limited to, the Agency's Report to the City Council on the proposed Plan Amendments, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of the subject Plan Amendments held on August 15, 2000, that: Ordinance 2819 - Page 4 The Third Amendment to the Southwest Redevelopment Project conforms to the General Plan of the City of Chula Vista, including, but not limited to, the housing element of the General Plan. b) The implementation of the Plan Amendments and the merger will promote the public peace, health, safety and welfare of the City of Chula Vista and will effectuate the purposes and policies of the Community Redevelopment Law. This finding is based on the fact the merger is and will be of substantial benefit to the community and contribute to the revitalization of blighted areas through increased economic vitality of such areas, specifically the financial benefits and feasibility of the project areas that will accrue due to the merger. e) The merger increases the Agency's financing capacity, resulting in greater funding for the programs and expenditures detailed in the implementation plans for the project areas. Such programs and expenditures include redeveloping major commercial sites, which will revitalize blighted areas through the increased economic vitality ofsuch areas. Suchredevelopmentcanresultinthegrowthofthetaxbase and increased tax increment revenues. A portion of any growth in tax increment revenues will increase funds to be deposited in the Agency's low and moderate income housing fund, which is used to increase, improve and preserve housing opportunities in or near such areas, as well as assist in meeting the citywide housing goals established by the City Council. d) The Agency has a feasible method and plan for the relocation of families and persons who might be displaced, temporarily or permanently from housing facilities in the Project Area. The Agency also has a feasible method and plan for its relocation of businesses. This finding is based upon the fact that the Agency has adopted a plan for relocation of families, persons and businesses who are displaced by Agency projects, and upon the fact that the plan provides for relocation assistance according to law, and the fact that such assistance, including relocation payments, constitutes a feasible method for relocation. e) There are, or are being provided, within the Merged Redevelopment Project or within 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 who might be displaced from the Project, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment. Families and persons shall not be displaced prior to adoption of a relocation plan pursuant to Sections 33411 and 33411.1 of the Health and Safety Code. Dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to adoption of a replacement housing plan pursuant to CRL Sections 33334.5, 33413 and 33413.5. SECTION 2. The City Council is satisfied that permanent housing facilities will be available within three years from the time residential occupants of the Project are displaced, and that pending the - Ordinance 2819 Page 5 development of such facilities, there will be available to any such displaced residential occupants temporary housing facilities at rents comparable to those in the City of Chula Vista at the time of their displacement. This finding is based upon the City Council' s finding that no persons or families of low and moderate income shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of their displacement. Such housing units shall be sintable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. SECTION3. WrittenobjectionstoPlanAmendments~ledwiththeCityClerkbeforethehourset for hearing and all written and oral objections presented to the City Council at the heating having been considered and, in the case of written objections received from Project property owners, residents and businesses and affected taxing agencies, having been responded to in writing, are hereby overruled. SECTION4. ThePlanAmendmentsarecategoricallyexemptfromtheprovisionsoftheCalifomia Environmental Quality Act CCEQA"), Public Resources Code Section CPRC") as a Class 20 categorical exemption pursuant to PRC Sections 21080(b)(9) and 21084(a) and Section 15320 of the Guidelines promulgated thereunder; the Plan Amendments will result merely in a financial consolidation of the Merged Areas with no potential for significant impact on the environment. SECTION 5. That certain "Third Amendment to the Redevelopment Plan for the Southwest Redevelopment Project," a copy of which is on file in the office of the Agency and the office of the City Clerk, having been duly reviewed and considered, is hereby approved and adopted. SECTION6. ThesubjectRedevelopmentPlanfortheSouthwestRedevelopmentProjectoriginally adopted on November 27, 1990, by City Council Ordinance No. 2420 and amended on July 9, 1991, by Ordinance No. 2467 and amended on November 8, 1994, by Ordinance No. 2612 together with this Plan Amendment is hereby designated, approved, and adopted as the official redevelopment plan for the Southwest Redevelopment Project and a part of the Merged Redevelopment Project. SECTION 7. In order to implement and facilitate the effectuation of the Merged Redevelopmerit Project hereby approved, this City Council hereby: (a) pledges its cooperation in helping to carry out the Merged Redevelopment Project, (b) requests the various officials, departments, boards, and agencies of the City having administrative responsibilities in the Merged Redevelopment Project likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with mdevelopment of the Merged Redevelopment Project Area, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Merged Redevelopment Project, and (d) declares its intention to undertake and complete any proceeding, including the expenditure of moneys, necessary to be carried out by the City under the provisions of the Merged Redevelopment Project. 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 Merged Redevelopment Project. Ordinance 2819 ' Page 6 SECTION 9. The City Clerk is hereby directed to record the subject Plan Amendment in the Official Records of San Diego County as promptly as practicable. SECTION 10. The City Clerk is hereby authorized and directed to certify to the passage of this Ordinance and to cause the same to be published in the Chula Vista Star News, a newspaper of general circulation which is published and circulated in the City of Chula Vista. SECTION 11. Ifany part ofthis Ordinance or the subject Plan Amendment which it approves is held to be invalid for any reason, such decision shall not effect the validity of the remaining portion of this Ordinance or of the subject Plan Amendment, and this City Council hereby declares that it would have passed the remainder of the Ordinance or approved the remainder of the subject Plan Amendment if such invalid portion thereof had been deleted. SECTION 12. This Ordinance shall be in full force and effect thirty (30) days after passage and adoption. Presented by Approved as to form by Chris Salomone Community Development Director Ordinance 2819 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22"d day of August, 2000, by the following vote: AYES: Councilmembers: Davis, Moot, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Padilla ATTEST: Shirley Horto~,~ayor Susan Bigelow, City Clei~~'~; STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing Ordinance No. 2819 had its first reading at a regular meeting held on the 15' day of August, 2000 and its second reading and adoption at a regular meeting of said City Council held on the 22" day of August, 2000. Executed this 22"d day of August, 2000 Susan Bigelow, City Clerk