HomeMy WebLinkAboutOrd 1994-2608 ORDINANCE NO. 2608
AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA,
ESTABLISHING AND AMENDING CERTAIN TIME LIMITATIONS
WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE
BAYFRONT REDEVELOPMENT PROJECT
WHEREAS, the City Council of the City of Chula Vista placed on Second Reading and
adopted Ordinance No. 1541 on July 16, 1974, approving and adopting the Redevelopment
Plan (the "Redevelopment Plan") for the Bayfront Redevelopment Project; and,
WHEREAS, the Redevelopment Agency of the City of Chula Vista (the "Agency) has
been designated as the official redevelopment agency to carry out in the City of Chula Vista
the functions and requirements of the Community Redevelopment Law of the State of
California (Health and Safety Code Section 33000 et seq.) and to implement the
Redevelopment Plan; and,
WHEREAS, Section 33333.6 of the Community Redevelopment Law established
certain limitations on the incurring and repaying of indebtedness and the duration of
redevelopment plans, which limitations apply to every redevelopment plan adopted on or
before December 31, 1993; and,
WHEREAS, Section 33333.6 further provides that unless a redevelopment plan
adopted prior to January 1,1994 already contains limitations which comply with that Section,
the legislative body shall adopt an ordinance on or before December 31, 1994 to amend the
Redevelopment Plan either: (1) to amend an existing time limit that exceeds the applicable
time limits of that Section; and or (2) to establish time limits that do not exceed the provisions
of that Section; and,
WHEREAS, the time limit for establishing loans, advances, and indebtedness for the
Redevelopment Plan was established by Ordinance 2146 (placed on Second Reading and
adopted April 22, 1986) as July 16, 1999. This does not exceed the time limit established
by Section 33333.6(a), and therefore no amendment is required relative to such limitation;
and,
WHEREAS, the time limit on the effectiveness of the Redevelopment Plan, as set forth
in the Redevelopment Plan, is July 16, 1999, (twenty-five [25] years from the effective date
of adoption of the Plan), does not exceed the time limit established by Section 33333.6(b),
and therefore no amendment is required relating to such limitation; and,
WHEREAS, the Redevelopment Plan as amended does not contain a limitation for the
repayment of debt as required by Section 33333.6 and, therefore the City Council is required
to establish a limit in conformance with the requirements of Section 33333.6 prior to
December 31, 1994; and,
Ordinance No. 2608
Page 2
WHEREAS, the establishment of time limits as required by Section 33333,6 does not
constitute a project under California Environmental Quality Act and is therefore categorically
exempt from environmental review; and,
WHEREAS, Health and Safety Code Section 33333.6(e)(2) provides that the limitations
established by this Ordinance shall apply to the Redevelopmerit Plan as if the Redevelopmerit
Plan had been amended to include these limitations; however, neither the City nor the Agency
is required to comply with any of the procedural requirements of Article 12 of the
Redevelopmerit Law pertaining to the amendment of redevelopment plans when adopting this
Ordinance.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1, The Section of the Bayfront Redevelopmerit Plan entitled Methods for Financing
the Project, subsection entitled Tax Increments is hereby amended by adding
the following:
Except as expressly authorized by Health and Safety Code Section
33333.6 or other provisions of Community Redevelopment Law, the
Redevelopment Agency shall not pay indebtedness or receive property
taxes pursuant to Section 33670 of the Health and Safety Code after
ten (10) years from the termination of the effectiveness of the
Redevelopment Plan. Based upon the termination date set forth in the
Redevelopmerit Plan, the Agency shall not pay indebtedness or receive
property taxes pursuant to Section 33670 after July 16, 2009.
Section 2. The City Clerk is hereby directed to send a copy of this ordinance to the
Agency.
Section 3. Effective Date. This Ordinance shall be in full force and effect thirty (30) days
after its passage.
Section 4. Publication. The City Clerk is hereby ordered and directed to certify to the
passage of this Ordinance and to cause the same to be published once in the
Star News, a newspaper of general circulation, published and circulated in the
City of Chula Vista, California.
Section 8. Severability. If any part of this Ordinance is held to be invalid for any reason,
such decision shall not affect the validity of the remaining portion of this
Ordinance, and this City Council hereby declares that it would have passed the
remainder of this Ordinance, if such invalid portion thereof had been deleted.
Ordinance No. 2608
Page 3
PASSED AND ADOPTED this 8th day of November 1994.
Presented by Approved aito f rm by~
Chris Salomone Bruce M. Booga ~1 '
Community Development Director City Attorney
Ordinance No. 2608
Page 4
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 8th day November, 1994, by the following vote:
AYES: Councilmembers: Fox, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: Horton
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
Vicki C. Soderquist, D~ty City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California, do hereby
certify that the foregoing Ordinance No. 2608 had its first reading on November 1,1994, and
its second reading and adoption at a regular meeting of said City Council on the 8th day of
November, 1994.
Executed this 8th day of November, 1994.
\,
Vi~ki C. Soderquist, D~ City Clerk