HomeMy WebLinkAboutOrd 1994-2612 ORDINANCE NO. 2612
AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA,
ESTABLISHING AND AMENDING CERTAIN TIME LIMITATIONS
WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE
SOUTHWEST REDEVELOPMENT PROJECT
WHEREAS, the City Council of the City of Chula Vista placed on Second Reading and
adopted Ordinance No. 2420 on November 27, 1990 approving and adopting the
Redevelopment Plan (the "Redevelopment Plan") for the Southwest 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
9rovisions of that Section; and,
WHEREAS, the time limit on the effectiveness of the Redevelopment Plan, as set forth
in Section 1000 of the Redevelopment Plan, is forty (40) years from the date of adoption of
the Plan and does not exceed the time limit established by Section 33333.6(b) of the
Community Redevelopment Law, and therefore no amendment is required relating to such
limitation; and,
WHEREAS, the time limit for the establishment of debt set forth in the Redevelopment
Plan exceeds the time limit established pursuant to Section 33333.6 the City Council is
required to modify the time limit to comply with the requirements of Section 33333.6; and,
WHEREAS, the Redevelopment Plan does not contain any time limit for 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 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,
Ordinance No. 2612
Page 2
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. The last paragraph of Section 703 of the Southwest Redevelopment Plan is
deleted in its entirety and replaced by the following:
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 November 27, 2010. 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 limit established by this subdivision may be extended
only by amendment of the Redevelopment Plan in accordance with
Community Redevelopment Law.
Section 2. Section 1000 of the Southwest Redevelopment Plan 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 Redevelopment Plan based upon the termination date of the
Redevelopment Plan (November 27, 2030), except as otherwise
authorized, the Agency shall not pay indebtedness or receive property
taxes after November 27, 2040.
Section 3. The City Clerk is hereby directed to send a certified copy of this Ordinance to
the Agency.
Section 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days
after its passage.
Ordinance No. 2612
Page 3
Section 5o 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 6. 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 ApprQ d~asio fo b~
/
Chris Salomone
ruce M. Boogaard
Community Development Director City Attorney
Ordinance No. 2612
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'ig~y 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. 2612 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, Dep~y City Clerk