HomeMy WebLinkAboutCC ORD 1994-2086 Establishes and amends time limits in the downtown redevelopment project area (Special)ORDINANCE NO. 9 4- 2 0 8 6
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ESTABLISHING AND AMENDING TIME LIMITS IN THE
NATIONAL CITY DOWNTOWN REDEVELOPMENT PROJECT AREA
The City Council of the City of National City does ordain as follows:
Section 1. Purpose and Authority. The purpose of this Ordinance is to
amend the Redevelopment Plans that are part of the merged National City Downtown
Redevelopment Project Redevelopment Plan to incorporate certain time limits mandated
by Assembly Bill 1290, Chapter 942 of the 1993 California Legislature. This legislation
requires that a redevelopment plan, which either lacks the required time limits or which
contains time limits in excess of the maximums established by AB 1290, must be
amended by ordinance on or prior to December 31, 1994 to bring the Plan into
conformance with these requirements. This Ordinance is enacted as mandated by and in
accordance with Section 33333.6 of the Health and Safety Code of the State of California.
Section 2. Findings. The City Council hereby makes the following
findings of fact:
AB 1290 was signed into law by the Governor and became
effective January 1, 1994. The legislation enacted major changes to the
Community Redevelopment Law, Health and Safety Code 33000 et seq.
Among the changes was addition of Section 33333.6, which mandates that
Redevelopment Plans adopted on or before December 31, 1993 be amended
as necessary to incorporate time limits on plan activities, establishment of
debt, and repayment of debt.
Section 3. Amendments. The City Council hereby amends the
Redevelopment Plan as follows:
A. The Redevelopment Plan for the E. J. Christman Project was adopted
by Ordinance No. 1233 on November 18, 1969 and did not provide for time limits to
incur indebtedness, undertake redevelopment activities, or collect tax increment.
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Ordinance No. 9 4- 2 0 8 6
1. Pursuant to Section 33333.6(a)(1), all redevelopment
plans enacted on or before December 31, 1993 cannot establish loans,
advances and indebtedness 20 years after the date of adoption or January 1,
2004, whichever is later. Therefore, the E. J. Christman Project shall not
establish loans, advances or indebtedness after January 1, 2004.
2. Pursuant to Section 33333.6(b), the effectiveness of
every redevelopment plan must cease 40 years after adoption of the plan or
January 1, 2009, whichever is later. Therefore, the E. J. Christman Project
shall not undertake redevelopment activities after November 18, 2009,
except to pay previously incurred indebtedness and to enforce existing
covenants, contracts, or other obligations.
3. Pursuant to Section 33333.6(c) a redevelopment agency
shall not pay indebtedness or received property taxes pursuant to Section
33670 after 10 years from the termination of the effectiveness of the
redevelopment plan. Therefore, the E. J. Christman Project shall not
collect tax increment or pay indebtedness after November 18, 2019.
B. The Redevelopment Plan for the South Bay Town and County Project
was adopted June 24, 1975 by Ordinance No. 1471 and did not provide for time limits
to incur indebtedness, undertake redevelopment activities, or collect tax increment.
1. Pursuant to Section 33333.6(a)(1), all redevelopment
plans enacted on or before December 31, 1993 cannot establish loans,
advances and indebtedness 20 years after the date of adoption or January 1,
2004 whichever is later. Therefore, the South Bay Town and Country
Project shall not establish loans, advances or indebtedness after January 1,
2004.
2. Pursuant to Section 33333.6(b), the effectiveness of
every redevelopment plan must cease 40 years after adoption of the plan or
January 1, 2009, whichever is later. Therefore, the South Bay Town and
Country Project shall not undertake redevelopment activities after June 24,
2015, except to pay previously incurred indebtedness and to enforce
existing covenants, contracts, or other obligations.
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Ordinance No. 94-2086
3 . Pursuant to Section 33333.6(c), a redevelopment agency
shall not pay indebtedness or received property taxes pursuant to Section
33670 after 10 years from the termination of the effectiveness of the
redevelopment plan. Therefore, the South Bay Town and Country Project
shall not collect tax increment or pay indebtedness after June 24, 2025.
C. The Redevelopment Plan for the Center City Project was adopted
April 13, 1976 by Ordinance No. 1505, and did not provide for time limits to incur
indebtedness, undertake redevelopment activities, or collect tax increment.
1. Pursuant to Section 33333.6(a)(1), all redevelopment
plans enacted on or before December 31, 1993 cannot establish loans,
advances and indebtedness 20 years after the date of adoption or January 1,
2004 whichever is later. Therefore, the Center City Project shall not
establish loans, advances or indebtedness after January 1, 2004.
2. Pursuant to Section 33333.6(b), the effectiveness of
every redevelopment plan must cease 40 years after adoption of the plan or
January 1, 2009, whichever is later. Therefore, the Center City Project
shall not undertake redevelopment activities after April 13, 2016, except to
pay previously incurred indebtedness and to enforce existing covenants,
contracts, or other obligations.
3. Pursuant to Section 33333.6(c), a redevelopment agency
shall not pay indebtedness or received property taxes pursuant to Section
33670 after 10 years from the termination of the effectiveness of the
redevelopment plan. Therefore, the Center City Project shall not collect tax
increment or pay indebtedness after April 13, 2026.
D. The Redevelopment Plan for the E. J. Christman Amendment No.
2 Project was adopted December 13, 1977 by Ordinance No. 1610, and did not provide
for time limits to incur indebtedness, undertake redevelopment activities, or collect tax
increment.
1. Pursuant to Section 33333.6(a)(1), all redevelopment
plans enacted on or before December 31, 1993 cannot establish loans,
advances and indebtedness 20 years after the date of adoption or January 1,
2004 whichever is later. Therefore, the E. J. Christman Amendment No.
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Ordinance No. 9 4- 2 0 8 6
2 Project shall not establish loans, advances or indebtedness after January
1, 2004.
2. Pursuant to Section 33333.6(b), the effectiveness of
every redevelopment plan must cease 40 years after adoption of the plan or
January 1, 2009, whichever is later. Therefore, the E. J. Christman
Amendment No. 2 Project shall not undertake redevelopment activities after
December 13, 2017, except to pay previously incurred indebtedness and to
enforce existing covenants, contracts, or other obligations.
3. Pursuant to Section 33333.6(c), a redevelopment agency
shall not pay indebtedness or received property taxes pursuant to Section
33670 after 10 years from the termination of the effectiveness of the
redevelopment plan. Therefore, the E. J. Christman Amendment No. 2
Project shall not collect tax increment or pay indebtedness after December
13, 2027.
E. The Redevelopment Plan for the National City Downtown
Redevelopment Project was adopted by Ordinance No. 1762 on December 4, 1981.
Section F.2.e(2) of said Plan provided for a time limit for all redevelopment activities to
end on December 31, 2005. The National City Downtown Redevelopment Project
Redevelopment Plan was amended by Ordinance No. 1821 on May 22, 1984 (Amendment
I), and by Ordinance No. 1851 on April 16, 1985 (Amendment II). Amendment I and
Amendment II retained the same time limit for all redevelopment activities as set forth
in Ordinance No. 1762. The National City Downtown Redevelopment Project
Redevelopment Plan was again amended, by Ordinance No. 91-2013, enacted on June 18,
1991 (Amendment III) . Amendment III provided for a time limit for all redevelopment
activities to end on Fiscal Year 2014-2015. The National City Downtown Redevelopment
Project Redevelopment Plan is hereby amended by revising Section F.2.e(2) of said
Redevelopment Plan, to read as follows:
F.2.e
(2) (a) Pursuant to Section 33333.6(a)(1), all redevelop-
ment plans enacted on or before December 31, 1993 cannot establish loans,
advances and indebtedness 20 years after the date of adoption or January 1,
2004, whichever is later. Therefore, the National City Downtown
Redevelopment Project shall not establish loans, advances or indebtedness
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Ordinance No. 9 4- 2 0 8 6
after June 18, 2011. As to the territory added to the Redevelopment
Project area by Ordinance No. 1821, the Redevelopment Project shall not
establish loans, advances or indebtedness after May 22, 2004. As to the
territory added to the Redevelopment Project by Ordinance No. 1851, the
Redevelopment Project shall not establish loans, advances or indebtedness
after April 16, 2005.
(b) Pursuant to Section 33333.6(b), the effectiveness
of every redevelopment plan must cease 40 years After adoption of the plan
or January 1, 2009, whichever is later. Therefore, the National City
Downtown Redevelopment Project shall not undertake redevelopment
activities after June 18, 2031, except to pay previously incurred indebted-
ness, and to enforce existing covenants, contracts, or other obligations. As
to the territory added to the National City Downtown Redevelopment
Project by Ordinance No. 1821, the National City Downtown Redevelop-
ment Project shall not undertake redevelopment activities after May 22,
2024, except to pay previously incurred indebtedness, and to enforce
existing covenants, contracts or other obligations. As to the territory added
to the National City Downtown Redevelopment Project by Ordinance No.
1851, the National City Downtown Redevelopment Project shall not
undertake redevelopment activities after April 16, 2025, except to pay
previously incurred indebtedness, and to enforce existing covenants,
contracts or other obligations.
(c) Pursuant to Section 33333.6, a redevelopment
agency shall not pay indebtedness or receive property taxes pursuant to
Section 33670 after 10 years from the termination of the effectiveness of the
redevelopment plan. Therefore, the National City Downtown Redevelop-
ment Project shall not collect tax increment or pay indebtedness after June
18, 2041. As to the territory added to the National City Downtown
Redevelopment Project by Ordinance No. 1821, the National City
Downtown Redevelopment Project shall not collect tax increment or pay
indebtedness after May 22, 2034. As to the territory added to the National
City Downtown Project by Ordinance No. 1851, the National City
Downtown Redevelopment Project shall not collect tax increment or pay
indebtedness after April 16, 2035.
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Ordinance No. 9 4- 2 0 8 6
Section 4. Environmental Review. The establishment of the above
redevelopment plan time limits, as set forth in Section 33333.6 of the Health and Safety
Code, does not constitute a "project" within the meaning of the California Environmental
Quality Act (Public Resources Code 21000 et seq.) and is not subject to environmental
review.
PASSED and ADOPTED this 2 2 n d day of No v emb e r
ATTEST:
Lori Anne Peoples, Cit
APPROVED AS TO FORM:
AIM
George H. Eiser, III
City Attorney
, 1994.
George H. Waters, Mayor
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Passed and adopted by the Council of the City of National City, California,
on No. ember.22, 1994 by the following vote, to -wit:
Ayes: Councilmen Dalla, Inzunza, Morrison, Zarate, Waters
Nays: Councilmen None
Absent: Councilmen NQne
Abstain: Councilmen ...None
AUTHENTICATED BY:
GEORGE H. WATERS
Mayor of the City of National City, California
CitytClerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the days of its introduction
and the days of its final passage, to wit, on ........Nww..l b.x..5,..1.94
and on November.22,..1994
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO 94-2086of the City of National City, passed
and adopted by the Council of said City on November 22, 1994
(Seal)
City Clerk of the City of National City, California
By:
Deputy