HomeMy WebLinkAbout2000-06-27; City Council; NS-551; Carlsbad Ranch Infrastructure Financing Plan & District...1
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Section 1: Recitals
ORDINANCE NO. NS-551
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA ADOPTING AN
INFRASTRUCTURE FINANCING PLAN AND CREATING
AN INFRASTRUCTURE FINANCING DISTRICT FOR
PARCELS 17 AND 18 OF THE CARLSBAD RANCH
AMENDED SPECIFIC PLAN AREA
A. The Legislature of the State of California has enacted a comprehensive statutory scheme,
the Infrastructure Financing District Act (Government Code Section 53395 et seq.) (the
“Act”), authorizing a city, county, or city and county to create an infrastructure financing
district as a means of financing construction of public works and facilities for new
development projects through the funding mechanism known as “tax increment
financing” under which incremental increases in property taxes are allocated to finance
public capital facilities associated with the district.
B. On February 8,2000, the City Council (“City Council”) of the City of Carlsbad (“City”)
instituted proceedings for the creation of an infrastructure financing district
(“Infrastructure Financing District”) for Parcels 17 and 18 of the Carlsbad Ranch
Amended Specific Plan Area (“Property”) by adoption of a Resolution of Intention to
Establish an Infrastructure Financing District pursuant to the Act. The City Council also
directed the City Manager to prepare an infrastructure financing plan for the Property.
C. The City Manager prepared an infrastructure financing plan for the Property
(“Infrastructure Financing Plan”), sent the Infrastructure Financing Plan to each
landowner within the proposed Infrastructure Financing District, and made the proposed
Infrastructure Financing Plan available for public inspection, as required by the Act. The
Infrastructure Financing Plan is attached hereto as Exhibit A and incorporated herein by
reference.
D. On March 14, 2000, after first publishing notice as required by law, the City Council
held an informational public hearing on the proposal to create the Infrastructure
Financing District for the Property and to adopt the Infrastructure Financing Plan.
E. As provided in the Act, the City Manager and staff have consulted with and met with
representatives of the County of San Diego.
F. Based on such consultation, the proposed Infrastructure Financing Plan has been
modified to propose formation of the Infrastructure Financing District for the Property
without allocation of the tax increment revenues of the County of San Diego or any other
affected taxing agency except the City.
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G. On April 18, 2000, the City Council held a second public hearing on the proposal to
create the Infrastructure Financing District and adopt the Infrastructure Financing Plan,
as modified, after first publishing notice as required by law. Following the public
hearing, the City Council adopted a Resolution Proposing Approval of an Infrastructure
Financing Plan and Formation of an Infrastructure Financing District for the Property.
H. Following the adoption of said Resolution, on May 1, 2000, a landowner election was
conducted in the manner required by the Act with regard to the proposal to create the
Infrastructure Financing District. The Property landowners voted in favor of creating the
Infrastructure Financing District.
I. The City Planning Director has determined that the environmental effects of adoption of
the Infrastructure Financing Plan and creation of the Infrastructure Financing District
have already been considered in conjunction with previously certified environmental
documents (EIR 91-03, MElR 93-01 and MEIR 94-Ol), and, therefore, no additional or
subsequent environmental evaluation is required.
J. The City Council has duly considered all terms and conditions of the proposed
Infrastructure Financing Plan for the Property, as modified, and believes that the
proposal to create the Infrastructure Financing District and adopt the proposed
Infrastructure Financing Plan, as modified, is in the best interests of the City and the
health, safety, and welfare of its residents, and in accord with the public purposes and
provisions of applicable state and local law and requirements.
K. The proposed Infkastructure Financing Plan complies with all of the requirements of the
Act and all actions required by law have been taken by all appropriate persons and
entities.
Section 2: Ordinance
NOW, THEREFORE, the City Council of the City of Carlsbad, California does
ordain as follows:
1. The City Council hereby finds and determines that the foregoing recitals are true and
correct.
2. The City Council hereby adopts the proposed Inti-astructure Financing Plan, as
modified, in substantially the form presented to the City Council, a copy of which is
on file with the City Clerk, and hereby creates the Infrastructure Financing District
with the full force and effect of law.
3. The Mayor is hereby authorized to execute this Ordinance.
4. The City Manager is hereby authorized to take any action and execute any and all
documents and agreements necessary to implement the Infrastructure Financing Plan
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and Infrastructure Financing District.
The City Council hereby directs staff to file a notice of determination with the County Clerk of
San Diego County within five (5) working days of adoption of the Infrastructure Financing
Plan.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the
City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a
newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the
20th day of June, 2000, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on
the 27’” day of June, 2000, by the following vote, to wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
NOES: None
ABSENT: None
WOOD, City Clerk