Loading...
HomeMy WebLinkAbout2000-06-27; City Council; NS-551; Carlsbad Ranch Infrastructure Financing Plan & District...1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 1 1, 1 1 l! II 1; 1E 1E 2a 21 22 23 24 25 26 27 28 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