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HomeMy WebLinkAboutOrd 1994-2611 ORDINANCE NO. 2611 AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, ESTABLISHING AND AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT WHEREAS, the City Council of the City of Chula Vista placed on Second Reading and adopted Ordinance No. 2059 December 20, 1983, approving and adopting the Redevelopment Plan (the "Redevelopment Plan") for the Otay Valley Road 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 provision of that Section; and, WHEREAS, the Redevelopment Plan does not contain any time limit for either the establishment of debt or the repayment of debt and therefore, pursuant to Section 33333.6 the City Council is required to establish such limitations by ordinance; and, WHEREAS, the current duration of the Redevelopment Plan is 45 years, which duration does not conform to the requirements of Section 33333.6 and therefore the City Council is obligated to modify the duration of the Redevelopment Plan to comply with the requirements of Section 33333.6; 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 No. 2611 Page 2 Ordinance. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 700.80 of the Otay Valley Road Redevelopment Plan is hereby amended by adding the following paragraphs at the end of the Section: The time limit on the establishment of loans, advances, and indebtedness shall not exceed 20 years from the adoption of the Redevelopment Plan or January 1, 2004, whichever is later. Based upon the adoption date of the Redevelopment Plan this time limit shall be January 1,2004. This limit, however, shall not prevent the Agency from incurring debt to be 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 limit 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 taxes pursuant to Section 33670 of the Health and Safety Code after ten (10) years from the termination of the effectiveness of the Redevelopmerit Plan as modified by Section 3 of this Ordinance, Except as otherwise authorized, the Agency shall not pay indebtedness or receive property taxes after December 20, 2033. Section 3. Section 1000 of the Redevelopment Plan is hereby amended to read as follows: Except for the nondiscrimination and nonsegregation provisions, which shall run in perpetuity, the provisions of this Plan shall be effective and the provisions of other documents formulated pursuant to this Plan may be made effective for forty (40) years from the date of the adoption of this Plan by the City Council. Based upon the effective date of this Plan, the Plan shall terminate on December 20, 2023. Unless projects contemplated under the Redevelopment Plan are undertaken within ten (10) years of the date of the adoption of the Redevelopment Plan, then said projects shall not be undertaken thereafter unless a public hearing is conducted by the RedeveloDment Agency to consider Ordinance No. 2611 Page 3 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. 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 App ~d as to fen lby Chris Salemone Bruc M. Boogaard Community Development Director City Attorney Ordinance No. 2611 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 N'ader, Mayor ATTEST: Vicki C. Soderquist, 4~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. 2611 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~e~,ty City Clerk