HomeMy WebLinkAboutOrd 1994-2610 ORDINANCE NO. 2610
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 II REDEVELOPMENT PROJECT
WHEREAS, the Redevelopment Agency of the City of Chula Vista placed on Second
Reading and adopted Ordinance 1827 on August 15, 1978 approving and adopting the
Redevelopment Plan (the "Redevelopment Plan") for the Town Centre II 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, the Redevelopment Plan was amended in May 1987 to incorporate the
authority to collect tax increment revenues, and amended a second time in June 1988 to add
territory; 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 for the
original Redevelopment Plan (Ordinance 1827 adopted 8/15/78) and the Amendment to the
Plan adding territory (Ordinance 2274 adopted July 19, 1988) do not comply with the
requirements established Section 33333.6(a), and therefore the City Council is required to
establish a limit in conformation with the requirements of Section 33333.6 prior to December
31, 1994; and,
WHEREAS, the original Redevelopment Plan and the Amendment to the Plan adding
territory do 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. 2610
Page 2
WHEREAS, the time limit on the effectiveness of the original Redevelopment Plan and
the Amendment to the Plan adding territory, as set forth in the Redevelopment Plan, do not
comply with the requirements established in Section 33333.6(a), and therefor the City Council
is required to establish a limit in conformation with the requirements of Section 33333.6 prior
to December 31, 1994; and,
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 750.3 of the Town Centre II Redevelopment Plan is hereby amended
by replacing the existing Section with the following paragraphs:
The time limit on the establishment of loans, advances, and
indebtedness shall not exceed 20 years from the adoption of the original
Redevelopment Plan or January 1,2004, whichever is later and for the
Amendment to the Plan adding territory shall not exceed 20 years from
said adoption of the Amendment or January 1,2004, whichever is later.
Based upon the adoption date of the original Redevelopment Plan this
time limit shall be January 1,2004; and, based upon the adoption date
of the Amendment to the Plan adding territory this time limit shall be
July 19, 2008. This limit, however, shall not prevent the Agency from
incurring debt to the paid from the Low- and Moderate-income Housing
Fund or establishing more debt in order to fulfill the Agency's housing
obligations under Section 33413.
The time limits established by this subdivision may be extended only by
amendment of the Redevelopment Plan in accordance with Community
Redevelopment Law.
Section 2. Section 700.32 is hereby amended by adding the following paragraph at the
end of the Section.
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
Ordinance No. 2610
Page 3
taxes pursuant to Section 33670 of the Health and Safety Code in that
portion of the project area included within the original Redevelopment
Plan after ten (10) years from the termination of the original
Redevelopment Plan. Based upon the termination date of the original
Redevelopment Plan as amended by Section 3 of Ordinance No. 2610,
except as otherwise authorized, the Agency shall not pay indebtedness
or receive property taxes in that portion of the project area included in
the original project area after August 15, 2028.
Except as expressly authorized by Health and Safety Code Section 33333.6 or
other provision of the Community Redevelopment Law, the Redevelopment
Agency shall not pay indebtedness or receive property taxes pursuant to
Section 33670 of the Health and Safety Code in that portion of the project area
added to the project area by the 1988 amendment to the Redevelopment Plan
after ten (10) years from the termination of the amendment to the
Redevelopment Plan. Based upon the termination date of the 1988 amendment
to the Redevelopment Plan as amended by Section 3 of Ordinance No. 2610,
except as otherwise authorized, the Agency shall not pay indebtedness or
receive property taxes in that portion of the project area added to the project
area by the 1988 amendment to the Redevelopment Plan after July 19, 2038.
Section 3. Section 1000 of the Town Centre II Redevelopment Plan is hereby deleted in
its entirety and replaced with the following:
Section 1000. Effectiveness Period
1000.1 Except for the nondiscrimination and nonsegregation
provisions, which shall run in perpetuity, the provisions of the original
Plan and the Amendment to the Plan adding territory shall be effective
and the provisions of other documents formulated pursuant to the
original Plan and Amendment to the Plan may be made effective for
forty (40) years from the date of the adoption of the original Plan and
the Amendment to the Plan adding territory by the City Council. Based
upon the adoption date of the original Plan, the original Plan shall
terminate on August 15, 2018. Based upon the effective date of the
Amendment to the Plan adding territory, the Amendment to the Plan
shall terminate on July 19, 2028. Unless projects contemplated under
the Redevelopment Plan are underta ken within ten (1 O) years of the date
of the adoption or amendment of the Redevelopment Plan, respectively,
then said projects shall not be undertaken thereafter unless a public
hearing is conducted by the Redevelopment Agency to consider the
desirability of undertaking the proposed projects in light of conditions as
they then exist.
Section 4. The City Clerk is hereby directed to send a certified copy of this Ordinance to
the Agency.
Ordinance No. 2610
Page 4
Section 5. Effective Date. This Ordinance shall be in full force and effect thirty (30) days
after its passage.
Section 6. 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 7. 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.
PASSED AND ADOPTED this 8th day of November 1994.
Presented by ~~aio for b~
Chris Salomone Bruce M. Boogaard
Community Development Director 'City Attorney
Ordinance No. 2610
Page 5
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, Deity 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. 2610 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