HomeMy WebLinkAbout2011-09-27; Housing & Redevelopment Commission; Resolution 514EXHIBIT 3
1 RESOLUTION NO. 514
2 A RESOLUTION OF THE HOUSING AND
REDEVELOPMENT COMMISSION OF THE CITY OF
3 CARLSBAD, CALIFORNIA CONCURRING WITH THE
ISSUANCE OF A WRITTEN REPORT BY THE CITY
4 COUNCIL DESCRIBING THE MEASURES TAKEN BY
THE CITY TO ALLEVIATE THE CONDITION THAT LEAD
5 TO THE ADOPTION OF URGENCY ORDINANCE CS-
067, CONSISTENT WITH GOVERNMENT CODE
6 SECTION 65858(0).
7 WHEREAS, at its regular meeting of October 20, 2009, the City Council adopted
8 Urgency Ordinance No. CS-067, prohibiting any new or expanded thermal electric power
9 generation facilities in Carlsbad's Coastal Zone pending studies and changes in the General
10 Plan and Zoning Ordinances and other land use regulations; and declaring the ordinance to be
11 an emergency ordinance adopted as an urgency measure to protect the public health, safety and
12 welfare and based on the facts stated in the ordinance that represent a current and immediate
13 threat to the public health, safety, or welfare; and
14 WHEREAS, as authorized by Government Code Section 65858, Urgency
15 Ordinance CS-067 was extended by urgency ordinances CS-070 and CS-110, the latter
16 adopted October 12, 2010, and set to expire October 20, 2011; and
17 WHEREAS, Government Code Section 65858(d) requires, ten days prior to the
1 O expiration of an urgency ordinance extension, the legislative body to issue a written report
19 describing the measures taken to alleviate the condition which led to the adoption of the
70 ordinance; and
21 WHEREAS, said written report is attached as Exhibit A to City Council Resolution
99 No. 2011-229. and is incorporated herein by reference.
23
24 NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment
25 Commission of the City of Carlsbad, California as follows:
26 1 - That the above recitations are true and correct.
27 2. That the Housing and Redevelopment Commission of the City of Carlsbad
concurs with the issuance of the written report issued by the City Council of the City of Carlsbad
28 describing the measures taken by the City to alleviate the condition that led to the adoption of
Urgency Ordinance CS-067.
1 3. This action is final the date this resolution is adopted by the Housing and
Redevelopment Commission. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code,
2 "Time Limits for Judicial Review," shall apply:
3 "NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is governed
by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of
Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review
must be filed in the appropriate court not later than the ninetieth day following the date on which
this decision becomes final; however, if within ten days after the decision becomes final a
request for the record is filed with a deposit in an amount sufficient to cover the estimated cost
or preparation of such record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the record is either
8 personally delivered or mailed to the party, or his attorney of record, if he has one. A written
request for the preparation of the record of the proceedings shall be filed with the City Clerk,
9 City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008."
10 PASSED AND ADOPTED at a joint special meeting of the Housing and
11
September 2011, by the following vote, to wit:
Redevelopment Commission and City Council and of the City of Carlsbad on the 27th day of
12
13 AYES: Commission Members Hall, Kulchin, Blackburn, Douglas, Packard.
14 NOES: None.
15 ABSENT: None.
16
17
. .x^11""//,
O^ <j'Jtl-^p**S(. /xx.> .o* ..''/ 'x
lg MATT HALL, Chairman
ATTEST:
20
21 -, , ^LtSA HILDABRAND, Secretary
22 (SEAL) /o7ESTABUSHED"-°V-
23 \%\ wo
''' **'••". .•••''*•?
24 %,C4RLS9^00
^ ''/IMIIM^
25
26
27
28
-2-