HomeMy WebLinkAboutCC ORD 2009-2324ORDINANCE NO. 2009 — 2324
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY
REDEVELOPMENT PROJECT TO EXTEND, WITH RESPECT TO CERTAIN
CONSTITUENT PROJECT AREAS, THE DEADLINES FOR EFFECTIVENESS
AND THE DEADLINES TO REPAY INDEBTEDNESS OR RECEIVE PROPERTY
TAXES PURSUANT TO SENATE BILL 1096 AS CODIFIED IN
HEALTH AND SAFETY CODE SECTION 33333.6(e)
WHEREAS, the City Council of the City of National City (the "City Council") has
adopted and subsequently amended the Redevelopment Plan (the "Plan") for the National City
Redevelopment Project which includes seven (7) constituent project areas and consists of
approximately 2,414 acres; and
WHEREAS, the Community Development Commission of the City of National
City (the "CDC") is organized and existing under Part 1.7 of the California Health and Safety
Code (Section 34100, et seq.), functions as a redevelopment agency pursuant to the California
Community Redevelopment Law (Health and Safety Code Section 33000, et seq.; hereinafter,
the "CCRL"), and is responsible for the administration of redevelopment activities within the City
of National City (the "City"); and
WHEREAS, the Plan's seven (7) constituent project areas consist of the E. J.
Christman Business and Industrial Park Redevelopment Project No. I (adopted on November
18, 1969, by Ordinance No. 1233), South Bay Town and Country Redevelopment Project
(adopted on June 24, 1975, by Ordinance No. 1471), Center City Redevelopment Project
(adopted on April 13, 1976, by Ordinance No. 1505), E. J. Christman Business and Industrial
Park Redevelopment Project No. II A & B (adopted on December 13, 1977, by Ordinance No.
1610), Downtown Redevelopment Project (adopted on December 1, 1981, by Ordinance No.
1762), Downtown Amended Redevelopment Project (adopted on April 16, 1985, by Ordinance
No. 1851), and Harbor District Redevelopment Project (adopted on July 18, 1995, by Ordinance
No. 95-2095) (collectively, the "Constituent Project Areas"); and
WHEREAS, the City Council initially adopted four separate stand-alone
redevelopment projects consisting of the E. J. Christman Business and Industrial Park
Redevelopment Project No. I, South Bay Town and Country Redevelopment Project, Center
City Redevelopment Project, and E. J. Christman Business and Industrial Park Redevelopment
Project No. II A & B (the "Initial Project Areas"); and
WHEREAS, on December 1, 1981, the City Council, by Ordinance No. 1762,
adopted the Downtown Redevelopment Project and merged it with the Initial Project Areas (the
"Downtown Merged Area"); and
WHEREAS, the Downtown Merged Area was further amended on: i) May 22,
1984 by Ordinance No. 1821 (to amend certain eminent domain provisions); ii) April 16, 1985 by
Ordinance No. 1851 (to add a sixth constituent redevelopment area to the Downtown
Redevelopment Project [i.e., the Downtown Amendment); iii) June 18, 1991 by Ordinance No.
91-2013 (to amend certain financial limits); and iv) November 22, 1994 by Ordinance No. 94-
2086 (pursuant to AB 1290); and
Ordinance No. 2009 — 2324
October 13, 2009
Page 2
WHEREAS, on July 18, 1995, the City Council, by Ordinance No. 95-2095,
adopted the redevelopment plan for the National City Redevelopment Project, which added a
seventh redevelopment area (i.e., the Harbor District) and merged it with the Downtown Merged
Area (the "Project" or "Project Area'); and
WHEREAS, the Project was amended on: i) January 6, 2004, by Ordinance No.
2004-2237 (pursuant to SB 211 and SB 1045); ii) on May 15, 2007, by Ordinance No. 2007-
2293 (pursuant to SB 53); and iii) on July 17, 2007, by Ordinance No. 2007-2295 (to amend
certain eminent domain provisions); and
WHEREAS, with respect to redevelopment plans adopted on or before
December 31, 1993, for which the time limit for the effectiveness of the redevelopment plan is
10 years or less from the last day of the fiscal year in which an Educational Revenue
Augmentation Fund (the "ERAF") payment is made (pursuant to CCRL Section 33681.12),
CCRL Section 33333.6(e)(2)(D)(i) provides that when a redevelopment agency is required to
make a payment pursuant to CCRL Section 33681.12, the legislative body may, for each year
that a payment was made, amend the redevelopment plan to extend by one year the time limit
on the effectiveness of the redevelopment plan and the time limit to repay indebtedness or
receive property taxes pursuant to CCRL Section 33670 by adoption of an ordinance, without
the necessity of compliance with CCRL Section 33354.6 or Article 12 (commencing with Health
and Safety Code § 33450) or any other provision of the CCRL related to the amendment of
redevelopment plans, including, but not limited to, the requirement to make the payment to
affected taxing entities required by CCRL Section 33607.7; and
WHEREAS, with respect only to redevelopment plan amendments that are
consistent with the immediately preceding recital, the legislative body need not adopt any
additional findings for such extensions, other than the finding set forth in Section 3 of this
Ordinance; and
WHEREAS, with respect to redevelopment plans adopted on or before
December 31, 1993, for which the time limit for the effectiveness of the redevelopment plan is
more than 10 years but less than 20 years from the last day of the fiscal year in which an ERAF
payment is made (pursuant to CCRL Section 33681.12), CCRL Section 33333.6(e)(2)(D)(ii)
provides that when a redevelopment agency is required to make a payment pursuant to CCRL
Section 33681.12, the legislative body may, for each year that a payment was made, amend the
redevelopment plan to extend by one year the time limit on the effectiveness of the
redevelopment plan and the time limit to repay indebtedness or receive property taxes pursuant
to CCRL Section 33670 by adoption of an ordinance, without the necessity of compliance with
CCRL Section 33354.6 or Article 12 (commencing with Health and Safety Code Section 33450)
or any other provision of the CCRL related to the amendment of redevelopment plans, including,
but not limited to, the requirement to make the payment to affected taxing entities required by
CCRL Section 33607.7 provided the City Council makes the findings set forth in Section 4 of
this Ordinance with respect to the Projects; and
WHEREAS, the CDC made the Fiscal Year 2004-05 and the Fiscal Year 2005-06
payments for deposit in the San Diego County ERAF pursuant to CCRL Section 33681.12; and
Ordinance No. 2009 — 2324
October 13, 2009
Page 3
WHEREAS, six of the Projects Constituent Project Areas were adopted on or
before December 31, 1993, i.e., i) the E. J. Christman Business and Industrial Park
Redevelopment Project No. I, ii) South Bay Town and Country Redevelopment Project, iii)
Center City Redevelopment Project, iv) E. J. Christman Business and Industrial Park
Redevelopment Project No. II A & B, v) Downtown Redevelopment Project, and vi) Downtown
Amended Redevelopment Project (the "Pre-1994 Redevelopment Plans"), and subject to the
prerequisites described herein, the City Council by adoption of an ordinance may, for each year
that an ERAF payment was made (i.e., Fiscal Years 2004-05 and 2005-06), extend by one year
the time limit on the effectiveness of the redevelopment plan and the time limit to repay
indebtedness or receive property taxes pursuant to CCRL Section 33670; and
WHEREAS, the notice of public hearing that is a prerequisite to the consideration
of this Ordinance was mailed to the governing bodies of the affected taxing entities at least thirty
(30) days prior to the public hearing and published in a newspaper of general circulation in the
community at least once not less than ten (10) days prior to the date of the public hearing; and
WHEREAS, the CDC and the City Council desire that the portion of the Project
Area consisting of the Pre-1994 Redevelopment Plans be amended, to the extent that they are
eligible. to extend the time limits on the effectiveness of the Plan and the time limits to repay
indebtedness or receive property taxes pursuant to CCRL § 33670(b) as a result of the CDC's
ERAF payments made during Fiscal Years 2004-05 and 2005-06.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. The foregoing recitals are true and correct and a substantive part
of this Ordinance.
Section 2. Pursuant to the authority provided by CCRL Section
33333.6(e)(2)(D), the City Council hereby extends the time limit on the effectiveness of the
redevelopment plan and the time limit to repay indebtedness or receive property taxes for the
maximum number of years permitted by CCRL Section 33333.6(e)(2)(D) with respect to the
following constituent portions of the Project Area: i) E. J. Christman Business and Industrial
Park Redevelopment Project No. I; ii) South Bay Town and Country Redevelopment Project; iii)
Center City Redevelopment Project; iv) E. J. Christman Business and Industrial Park
Redevelopment Project No. II A & B; v) Downtown Redevelopment Project; and vi) Downtown
Amended Redevelopment Project.
Section 3. The City Council hereby finds and determines that the funds used
to make the Fiscal Year 2004-05 and Fiscal Year 2005-06 ERAF payments with respect to the
E. J. Christman Business and Industrial Park Redevelopment Project No. I, South Bay Town
and Country Redevelopment Project, Center City Redevelopment Project, E. J. Christman
Business and Industrial Park Redevelopment Project No. II A & B, Downtown Redevelopment
Project, and Downtown Amended Redevelopment Project would otherwise have been used to
pay the cost of projects and activities necessary to carry out the goals and objectives of the
Plan.
Ordinance No. 2009 — 2324
October 13, 2009
Page 4
Section 4. The City Council hereby finds and determines with respect to
South Bay Town and Country Redevelopment Project, Center City Redevelopment Project, E. J.
Christman Business and Industrial Park Redevelopment Project No. II A & B, Downtown
Redevelopment Project, and Downtown Amended Redevelopment Project constituent portions
of the Project Area as follows:
33334.2;
(a) The Agency is in compliance with the requirements of CCRL Section
(b) The Agency has adopted an implementation plan in accordance with the
requirements of CCRL Section 33490;
(c) The Agency is in compliance with subdivisions (a) and (b) of CCRL
Section 33413, to the extent applicable;
(d) The Agency is not subject to sanctions pursuant to CCRL Section
33334.12(e) for failure to expend, encumber or disburse excess surplus;
and
(e) The notice of public hearing was mailed to the governing bodies of the
affected taxing entities at least thirty (30) days prior to the hearing and
published in newspaper of general circulation in the community at least
once not less than ten (10) days prior to the date of the public hearing.
Section 5. Except as amended by this Ordinance, all other terms and
conditions of the Plan shall remain the same.
Section 6. If any part of this Ordinance is held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, for any reason, such
decision shall not affect the validity of the remaining portions of this Ordinance and this City
Council hereby declares that it would have passed the remainder of this Ordinance if such
invalid or unconstitutional portion thereof had been deleted.
Section 7. The City Council hereby authorizes and directs the City Manager
and CDC Executive Director to undertake such actions and execute such documents as may be
reasonably necessary or convenient to the carrying out and administration of the action
authorized by this Ordinance.
Section 8. The City Council held a duly noticed public hearing on the
adoption of this Ordinance.
Section 9. This Ordinance shall be in full force and effect thirty (30) days
after passage.
Section 10. The City Clerk shall certify to the passage of this Ordinance and is
hereby directed to publish or post this Ordinance in accordance with law.
Ordinance No. 2009 — 2324
October 13, 2009
Page 5
Section 11. The enactment of this Ordinance is not a project pursuant to the
California Environmental Quality Act (Public Resources Code Section 21000 et seq.) and CEQA
Guidelines (14 Cal. Code Regs Section 15000 et seq.), and specifically Section 15378(b)(4)
because the actions described herein are the continuation of an existing governmental funding
mechanism and a fiscal activity that does not involve any commitment to any specific project
which may result in a potentially significant physical impact on the environment. Because
enactment of this Ordinance is not a project for CEQA purposes, this action is exempt from
CEQA pursuant to CEQA Guidelines Section 15061(b)(3), and the City Clerk is directed to file a
Notice of Exemption with the County Clerk pursuant to CEQA Guidelines Section 15062 within
five days of the adoption date of this Ordinance.
PASSED and ADOPTED this 13th day of Oct09.
on Morrison, Mayor
ATTEST:
M chael R. Da . , City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on October
13, 2009 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
City A
City National City, California
Ierk of the
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on October 6, 2009, and on October 13, 2009.
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 member 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 correct copy of
ORDINANCE NO. 2009-2324 of the City Council of the City of National City, passed
and adopted by the Council of said City on October 13, 2009.
By:
City Clerk of the City of National City, California
Deputy