Loading...
HomeMy WebLinkAbout2009 10-13 CC ADJ AGENDA PKTAgenda Of An Adjourned Regular Meeting National City City Council Council Chambers - Civic Center 1243 National City Boulevard National City, California Adjourned Regular Meeting - Tuesday — October 13, 2009 — 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or. Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretaci6n en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.gov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 10/13/2009 - Page 2 CITY COUNCIL INTERVIEWS/APPOINTMENTS 1. Interviews and Appointments: Port of San Diego Public Art Committee. (City Clerk) ORDINANCE FOR ADOPTION 2. 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). (City Attorney) STAFF REPORTS MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — October 20, 2009 - 6:00 p.m. — Martin Luther King, Jr. Community Center — 140 E. 12th Street, National City. City of National City, California COUNCIL AGENDA STATEMENT October 13, 2009 MEETING DATE 1 AGENDA ITEM NO. %ITEM TITLE INTERVIEWS AND APPOINTMENTS: PORT OF SAN DIEGO PUBLIC ART'\ COMMITTEE PREPARED BY EXPLANATION DEPARTMENT Michael R. Dalla City Clerk EXT. The Port of San Diego has a seven member Public Art Committee that reviews potential art work for technical and aesthetic appeal and makes recommendations to the Port Commission. The Mayors of each Port Member City appoint one member each to the committee and two members are appointed by Port Staff. The term of National City's representative, Susanna Peredo, has expired and she in ineligible for reappointment. The Mayor has selected City Manager Chris Zapata as National City's representative to the Port Art Committee and has requested that his appointment be placed on the agenda for confirmation by the City Council. Environmental Review xx N/A MIS Approval Financial Statement None Approved By: Finance Director Account No. STAFF RECOMMENDATION BOARD / COMMISSION RECOMMENDATION NA ATTACHMENTS ( Listed Below) Resolution No. None A-200 (Rev. 7/03) City of National City, California CITY COUNCIL AGENDA STATEMENT 2 MEETING DATE October 13, 2009 AGENDA ITEM NO. ITEM TITLE 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) PREPARED BY George H. Eiser, III n DEPARTMENT City Attorney (Ext. 4221) EXPLANATION Please refer to the attached memorandum and Background Report. Environmental Review J N/A Approved By: Finance Director Financial Statement As further explained in the attached Background Report, it is estimated that adoption of the attached Ordinance will generate an additional $39.9 Million of tax increment funds during the extension of the time limits to pay indebtedness and receive property taxes. Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Memorandum 2. Background Report 3. Proposed ordinance 4. Public Hearing and Affected Taxing Entity Notices A-200 (9/99) Mayor Ron Morrison Council Members Frank Parra.. Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate Office of the City Attorney TO: Mayor and City Council FROM: City Attorney SUBJECT: Public Hearing to Consider Proposed Amendment to Redevelopment Plan City Attorney George H. Eiser, III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette DATE: September 23, 2009 Staff has been working since early this year with Urban Futures, Inc., ("UFI") a redevelopment and land use consulting firm, in conjunction with special counsel Stradling Yocca Carlson & Rauth ("SYCR") who also specialize in these areas. In order for the CDC to achieve fiscal sustainability by having the option in the future to incur debt, such as through loans or the issuance of bonds, UFI and SYCR have recommended. that the CDC avail itself of the authority granted under SB 1096 to extend the time limitations of the current Redevelopment Plan pertaining to: (1) the effective date, or "effectiveness" of the Plan; (2) the time to receive property taxes; and (3) the time to repay debt. Executive Director Brad Raulston concurs with this recommendation. In order to extend the subject time limitations, it is necessary for the City Council to enact an ordinance to amend the Redevelopment Plan. A copy of the proposed ordinance is attached. The amendment would apply to six of the seven constituent portions of the Project Area, namely: (1) E.J. Christman Business and Industrial Park Redevelopment Project No. I; (2) South Bay Town and Country Redevelopment Project; (3) Center City Redevelopment Project; (4) E.J. Christman Business and Industrial Park Redevelopment Project No. II A & B; (5) Downtown Redevelopment Project; and (6) Downtown Amended Redevelopment Project. The seventh portion of the Project Area, the Harbor District, was added in 1995 and is not eligible for the extension. A detailed explanation of the effect of the proposed ordinance is provided in the attached Background Report. Prior to the introduction of the proposed ordinance, the California Community Redevelopment Law ("CCRL") requires that the City Council hold a public hearing. One of theprerequisites to holding the public hearing is to publish notice at least 10 days in advance, and to mail a notice of the hearing to the affected taxing entities at feast 30 days in advance of the hearing. In order to comply with the mailed notice requirement, the 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 1 Memo — Mayor and City Council Re: Public Hearing to Consider Proposal Page 2: September 23, 2009 notice was mailed on September 3; a copy of the notice is attached. Also attached is a copy of the notice of public hearing. In view of recent history, it should be emphasized that the proposed amendment pertains only to the extension of the three -time limitations described above; the amendment does not expand the CDC's eminent domain authority or the areas in which that authority may be exercised. A companion item on this October 6 agenda is the introduction of the proposed ordinance. GHE/ama Enclosures GEORGE H. EISER, III City Attorney 2 BACKGROUND REPORT Redevelopment Program Historical: Summary The Community Development Commission of the City of National City ("CDC") is organized and existing under Part 1.7 of the California Health and Safety. Code (§ 34100, et seq.), functions as a redevelopment agency and housing authority pursuant to the California Community Redevelopment Law (Health and Safety Code § 33000, et seq.; hereinafter, "CC.RL") and is responsible for the administration of redevelopment activities within the. City of National City ("City"). The City Council has adopted and subsequently amended the Redevelopment Plan ("Plan") for the National City Redevelopment Project (the "Project" or "Project Area") which includes seven (7) constituent project areas and consists of approximately 2,414 acres. The Plan's seven (7) constituent project areas consist of the: 1 E. J. Christman Business and Industrial Park Redevelopment Project No. (adopted on November 18, 1969 by Ordinance No. 1233); 2. South Bay Town and Country Redevelopment Project (adopted on June 24, 1975 by Ordinance No. 1471); 3. Center City Redevelopment Project (adopted on April 13, 1976 by Ordinance No. 1505); 4. E. J. Christman Business and Industrial Park Redevelopment Project No. II A & B (adopted on December 13, 1977 by Ordinance No. 1610); 5. Downtown Redevelopment Project (adopted on December 1, 1981 by Ordinance No. 1762); 6. Downtown Amended Redevelopment Project (adopted on April 16, 1985 by Ordinance No. 1851); and 7. Harbor District Redevelopment Project (adopted on July 18, 1995 by Ordinance No. 95-2095). In addition, the Ordinance adopting the Harbor District Redevelopment Project also merged the Plan's seven (7) constituent project areas into the Project Area. SB1096 CCRL § 33333.6(e)(2)(D), enacted by Senate Bill 1096 (Chapter 211, Statutes of 2004), authorizes, subject to certain prerequisites, certain time extension amendments to redevelopment plans adopted on or before December 31, 1993. Six of the Project's constituent project areas were adopted on or before December 31, 1993 (i.e,, 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 Page 2 Redevelopment Project and Downtown Amended Redevelopment Project ["Pre-1994 Redevelopment Plans")). The CCRL provides that redevelopment plans adopted on or before December 31, 1993, for which the time limit for the effectiveness of the redevelopment plan is ten (10) years or Tess from the last day of the fiscal year in which an Educational Revenue Augmentation Fund ("ERAF") payment is made (for FYs 2004-05 and 2005-06, as required by SB 1096) may be amended to extend the time limit on the effectiveness of the redevelopment plan and the time limit to repay indebtedness or receive property taxes by one year for each year an ERAF payment is made, subject to certain conditions. In that regard, adoption of an amending ordinance is subject to conducting a public hearing and providing appropriate notice, to extend the time limit on the effectiveness of the redevelopment plan and the time limit to repay indebtedness or receive property taxes by one year for each year an ERAF payment is made. In addition, the amending ordinance must contain findings that the funds used to make the ERAF payments would otherwise have been used to pay the costs of projects and activities necessary to carry out the goals and objectives of the redevelopment plan. This permitted extension fully applies to the E. J. Christman Business and Industrial Park Redevelopment Project No. 1 and partially applies (for one year) to the South Bay Town and Country Redevelopment Project constituent portions of the Project Area. On the other hand, 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 Tess than 20 years from the last day of the fiscal year in which an ERAF payment is made (for FYs 2004-05 and 2005-06, as required by SB 1096) may be amended to extend the time limit on the effectiveness of the redevelopment plan and the time limit to repay indebtedness or receive property taxes by one year for each year an ERAF payment is made, subject to conducting a public hearing and making the following findings in the amending ordinance: 1. Funds used to make the FY 2004-05 and FY 2005-06 ERAF payments would otherwise have been used to pay the cost of projects and activities necessary to carry out the goals and objectives of the Project; 2. The Agency is in compliance with the requirements of CCRL § 33334.2 (i.e., it sets aside 20%. of its tax increment for low- to moderate -income ["LMI"] housing); 3. The Agency has adopted an implementation plan; 4. The Agency is in compliance with subdivisions (a) and (b) of CCRL § 33413, to the extent applicable (i.e., replacement housing; inclusionary requirements); 5. The Agency is not subject to sanctions pursuant to CCRL § 33334.12 for failure to expend, encumber or disburseexcess surplus LMI funding; and 6. 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. Page 3 This permitted extension partially applies to the South Bay Town and Country Redevelopment Project (for one year) and fully applies to;. the 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. In addition, SB 1096 specifically authorized the abbreviated amendment process described in this report. Recommendation The effect of adopting the attached Ordinance will be to extend the time limit on the effectiveness of the Plan and the time limit to repay indebtedness or receive property taxes for the maximum number of years permitted by CCRL for the Pre-1994 Redevelopment Plans, as described above. Since the CDC is in compliance with all of the above noted conditions, staff recommends that the Plan be amended to extend the Project's time limits on the effectiveness of and the time limits to repay indebtedness or receive property taxes for the periods authorized by the CCRL. The attached Ordinance was drafted by the CDC's redevelopment and financial advisory consultant, Urban Futures, Inc. ("UFI") and approved as to form by the CDC's special counsel, Stradling, Yocca, Carlson & Rauth. All of the noticing requirements described above have been met. Copies of the notice of public hearing and the notice to affected taxing entities are also attached. Fiscal Impact The CDC made its FY 2004-05 and FY 2005-06 ERAF payments in the amounts of $696,863.93 and $698,473.99, respectively. Therefore, during these two fiscal years the CDC's ERAF payments totaled $1,395,337.92. Utilizing a conservative growth rate of 2%, UFI has estimated that extending the time frame for receipt of tax increment revenues, as described above, will generate a gross allocation of approximately $39.3 million to the CDC. Needless to say, adoption of the attached Ordinance is a fiscally prudent action. ORDINANCE NO. 2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 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 § 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 (§ 34100, et seq.), functions as a redevelopment agency and housing authority pursuant to the California Community Redevelopment Law (Health and Safety Code § 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 -1- 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 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"); 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 § 33681.12), CCRL § 33333.6(e)(2)(D)(i) provides that when a redevelopment agency is required to make a payment pursuant to CCRL § 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 § 33670 by adoption of an ordinance, without the necessity of compliance with CCRL § 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 requirementto make the payment to, affected taxing entities required by CCRL § 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 § 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 § 33681.12), CCRL § .33333.6(e)(2)(D)(ii) provides that when a redevelopment agency is required to make a payment pursuant to CCRL § 33681.12, the legislative body may, for each year that a payment was made, arnend 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 § 33670 by adoption of an ordinance, without the necessity of compliance with CCRL § 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 § 33607.7 provided the City Council makes the findings set forth in § 4 of this Ordinance with respect to the Projects; and -2- 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 § 33681.12; and WHEREAS, six of the Project's 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 perquisites 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 § 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, CAT TFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance. Section 2. Pursuant to the authority provided by CCRL § 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 § 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, The foregoing recitals are true and correct and a substantive part of this -3- 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. 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: (a) The CDC is in compliance with the requirements of CCRL § 33334.2; (b) The CDC has adopted an implementation plan in accordance with the requirements of CCRL § 33490; (c) The CDC is in compliance with subdivisions (a) and (b) of CCRL § 33413, to the extent applicable; (d) The CDC is not subject to sanctions pursuant to CCRL § 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 Planshall 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. this Ordinance. Section 9. passage. The City Council held a duly noticed public hearing on the adoption of This Ordinance shall be in full force and effect thirty (30) days after 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. Section 11. The enactment of this Ordinance is not.a project pursuant to the California Environmental Quality Act (Public Resources Code § 21000 et seq.) and CEQA Guidelines (14 Cal. Code Regs § 15000 et seq.), and specifically. § 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 § 15061(b)(3), and the City Clerk is directed to file a Notice of Exemption with the County Clerk pursuant to CEQA Guidelines § 15062 within five days of the adoption date of this Ordinance: PASSED AND ADOPTED this day of , 2009. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III, City Attorney -5- Ron Morrison, Mayor Chairman Ron Morrison Members Frank Pura Alejandro Sotelo-Solis Jess Van Deventer Rosalie Zatate Executive Director Brad Raulston 0 Aro, City Of National City Community Development September 3, 2009 Subject: Amended Notice of a Public Hearing on October 6, 2009., to Consiaer An Ordinance of the City Council of the City of National City, California, 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) Dear _Governing Bodies of Affected Taxing. Entities: On October 6, 2009, the City Council of the City of National City will consider the introduction and first reading of an Ordinance which would amend the Redevelopment Plan (the "Plan") for the National City Redevelopment Project (the "Project' or "Project Area"). The Project is a merged redevelopment project consisting of seven constituent project areas and was adopted consistent with the provisions of the California Community Redevelopment Law (Health and Safety Code § 33000 . et seq.; hereinafter, the "CCRL"). Pursuant to CCRL § 33333.6(e)(2)(D) and as a result of the CDC'S Fiscal Year 2004-2005 and Fiscal Year 2005-06 Education Revenue Augmentation Fund (the "ERAF") payments, six of the Plan's seven constituent project areas are eligible for an extension of their time limits for effectiveness and the time limits to repay indebtedness or receive property taxes. Therefore, the proposed Ordinance would extend the time limits for effectiveness and the time limits to repay indebtedness or receive property taxes for the following six (6) 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.. A copy of the proposed Ordinance is endosed for your information. • The City Council will hold a public hearing on October 6, 2009 in connection with the proposed Ordinance.. All persons wishing to comment, object, or otherwise be heard at the public hearing will be given an opportunity to appear and; be heard at the time, date and place of the public hearing. In addition, interested persons may submit written comments to the City Clerk at City Hall prior to the public hearing. Please note that if you challenge the proposed action in court,you maybe limited to raising only those issues you Or someone else raises at the public hearing described in this notice or in written correspondence delivered to the City Clerk prior to, or at, the public hearing.. If you have any questions concerning this matter, please contact meat (619) 336-4256. Since CHRIS ZAPATA City Manager BR:PB:SHD Enclosure 10 11 12 13 14• 15' 16 17 18 19 20 21 22 23 24 25 26, 27 28 PROOF OF SERVICE At the time of service I was over 18 years of age and not a party to this action. My business address is 1243 National City Boulevard, National City, CA. 91950-4301. On September 3, 2009, I served the following document: Notice of Public Hearing on October 6, 2009 to. Consider An Ordinance of the City Council of the City of National City of National City, California, Amending the Redevelopment Plan for the National City Redevelopment Project to Extend, with Respect to Certain Constituent Project Areas, the a 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) on the governing bodies of the affected taxing entities, listed on the attached Exhibit "A". The docurnent(s) were served by the following means (specify): By personal service. At .a.m./pm., I personally delivered the documents to the persons at the addresses listed above. (1) For a party represented by an 'attorney, delivery was made to the attorney or at the attorney's office by leaving the documents in an envelope or package .clearly labeled to identify the attorney being served with a receptionist or an individual in charge of the office. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not less than 18 years of - age between the hours of eight in the morning and six in the evening. PROOF OF SERVICE -1 10 11 12 13 14• 15 16 17 18 19 20 21 22 23 24 .. 25 26 27 28 Ei By Certified United States Mail; with Return Receipt Requested. I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses listed above (specify one): n Deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. El, Placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at National City, California. ❑ By overnight delivery. I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses listed above. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. ❑ By messenger service. I,served the documents by placing them in an envelope or package addressed to the persons at the addresses listed above and providing them to a professional messenger service for service. A Declaration of Messenger is attached: ❑ By fax transmission. Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed above. No error was reported by the fax machine that.I used. A copy of the record of the fax transmission, which I printed out, is attached. ❑ By e-mail or electronic transmission. Based on a court order or an agreement of the parties to accept service bye-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses listed above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on September 3, 2009 at National City, Ca,J.ifornia. Denise Davis PROOF OF SERVICE - 2 �3 Thomas. j Pastuzka, Executive Officer County of San Diego Clerk of the Board of Supervisors 1600 Pacific Highway Room 355 San Diego, CA 92101 Judy Abdo, Secretary Metropolitan Water District Clerk of the Board of Directors PO Box 54153 Los Angeles, CA 90054 Rosalie Alvarado, Clerk National School District Clerk of the Board of Directors 1500 N. Avenue National City, CA 91950 Randolph E Ward, Ed.D SD County Office of Education Clerk of the Board of Directors 6401 Linda Vista Road, Room 507 San Diego, CA 92111-7399. Maureen. A Stapleton, General Manager San Diego County. Water Authority Clerk of the Board of Directors 4677 Overland Avenue San Diego, CA 92123 Jean Roesch, Ed.D, President Southwestern Community College Clerk of the Board of. Directors. 900 Otay Lakes Rd Bonita, CA 91910 Jim Dartmill, School Board President Sweetwater Union High School District Clerk of the Board of Directors 1130 Fifth Avenue Chula Vista, CA 91911 NOTICE OF PUBLIC HEARING CITY COUNCIL OF THE CITY OF NATIONAL CITY Pursuant to. California Community Redevelopment Law (Health and Safety Code § 33000 et seq.; hereinafter, the "CCRL") § 33681.12, the Community Development Commission (the "CDC") of the City of National City (the "City") made payments to San Diego County (the "County") for deposit into the County Educational Revenue Augmentation Fund (the "ERAF") for Fiscal Year 2004-05 and Fiscal Year 2005-06. CCRL § 33333.6(e)(2)(D) generally provides that when a redevelopment agency is required to make payments pursuant to CCRL § 33681.12, the city council may amend the subject redevelopment plan for certain project areas to extend the time limits on the effectiveness of the redevelopment plan and the repayment of indebtedness or receipt of property taxes. Further, the CDC functions as the City's redevelopment agency and is organized and existing under Part 1.7 of the California Health and Safety Code (§ 34100, et seq.). Therefore, on October 6, 2009, the City Council of the City will consider the introduction and first reading of an Ordinance which, if ultimately adopted, would amend the Redevelopment Plan (the "Plan") for the National City Redevelopment Project (the "Project" or "Project Area"). The Project is a merged redevelopment project consisting of seven constituent project areas and was adopted consistent with the provisions of the CCRL. Pursuant to CCRL § 33333.6(e)(2)(D) and as a result of the CDC's Fiscal Year 2004-2005 and Fiscal Year 2005-06 ERAF payments, six of the Plan's seven constituent project areas are eligible for an extension of their time limits for effectiveness and time limits to repay indebtedness or receive property taxes. Therefore, the proposed Ordinance would extend the time limits for effectiveness and the time limits to repay indebtedness or receive property taxes for 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. NOTICE IS HEREBY GIVEN that, pursuant to CCRL § 33333.6(e)(2)(D), the City Council will hold a PUBLIC HEARING on the adoption of the above -described Ordinance on Tuesday, October 6, 2009 at 6:00 p.m.., or as soon thereafter as the matter may be heard, in the City Hall Council Chambers located at .1243 National City Blvd., National City. The proposed Ordinance is available for public review and copying at a cost not to exceed the cost of duplication during regular business hours at the City Clerk's office, 1243 National City Boulevard, National City, CA. All persons wishing to . comment, object, or otherwise be heard at the public hearing will be given an opportunity to appear and be heard at the time, date and place of the public hearing. In addition, interested persons may submit written comments to the City Clerk at 1243 National City Boulevard, National City, CA 91950 prior to the public hearing. Please note that if you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raises at the public hearing described in this Notice or in written correspondence delivered to the City Clerk prior to, or at, the public hearing. If you have any questions regarding this notice or the proposed Ordinance, please contact Brad Raulston, Executive Director, Community Development Commission of the City of National City, at (619) 336-4256. Michael Dalla, City Clerk -2-