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HomeMy WebLinkAboutOrd 1994-2609 ORDINANCE NO. 2609 AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, ESTABLISHING AND AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE TOWN CENTRE I REDEVELOPMENT PROJECT WHEREAS, the City Council of the City of Chula Vista placed on Second Reading and adopted Ordinance No. 1691 on July 6, 1976 approving and adopting the Redevelopment Plan (the "Redevelopment Plan") for the Town Centre 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 limit established by that Section, 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 was established by Ordinance 2146 (placed on Second Reading and adopted April 22, 1986) as July 6, 2001 and 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 Section 1000 of the Redevelopment Plan, currently scheduled to terminate on July 6, 2001 twenty-five (25) years from the 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. 2609 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 Redevelopment Plan as if the Redevelopment 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 Redevelopment 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. Section 1000 of the Town Centre I Redevelopment Plan is hereby amended by adding the following paragraph: Section 1000. Effectiveness Period 1000.2 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 as modified by Section 2 of this Ordinance, except as otherwise authorized, the Agency shall not pay indebtedness or receive property taxes after July 6, 2011. Section 2. The City Clerk is hereby directed to send a certified 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 5. 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. 2609 Page 3 PASSED AND ADOPTED this 8th day of November 1994. Presented by A~si for byH~ Chris Salomone Bruce M. Boogaar Community Development Director City Attorney Ordinance No. 2609 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 ~Mayor ATTEST: Vicki C. Soderquist, D~::lt~' 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. 2609 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. Vicki C. Soderquist, D~ty 'City Clerk