HomeMy WebLinkAbout2003-12-09; City Council; NS-683; Amending Village Area Redevelopment Plan...1
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CITY COUNCIL ORDINANCE NO. NS-683
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, AMENDING THE CARLSBAD VILLAGE
AREA REDEVELOPMENT PLAN TO EXTEND CERTAIN
TIME LIMITS.
WHEREAS, the City Council of the City of Carlsbad adopted Ordinance No.
9591 on July 7, 1981, approving and adopting the Carlsbad Village Redevelopment Plan
(hereinafter referred to as the "Redevelopment Plan"); and
WHEREAS, the Housing and Redevelopment Commission of the City of
Carlsbad (hereinafter referred to as the "Agency'') has been designated as the official
redevelopment agency to carry out in the City of Carlsbad the functions and requirements of the
Community Redevelopment Law of the State of California (Health and Safety Code Sections
33000 et and to implement the Redevelopment Plan; and
WHEREAS, Health and Safety Code Section 33333.6 applies to every
redevelopment plan adopted on or before December 3 1, 1993; and
WHEREAS, pursuant to the Redevelopment Plan and subdivision (a) of Health
and Safety Code Section 33333.6, the effectiveness of the Carlsbad Village Area Redevelopment
Plan shall terminate on July 7,2006; and
WHEREAS, pursuant to the Redevelopment Plan and subdivision (b) of Health
and Safety Code Section 33333.6, except as provided in subdivisions (f) and (g) of said Section
33333.6, the Agency may not pay indebtedness or receive property taxes pursuant to the
Redevelopment Plan pursuant to Health and Safety Code Section 33670 after July 7,2016; and
WHEREAS, the California State Legislature has enacted SB 1045, making
various amendments to the Community Redevelopment Law, which was chaptered as Chapter
260 and became effective on September 2,2003; and
WHEREAS, Health and Safety Code Section 33333.6(e)(2)(C), as amended by
SB 1045, provides that when an agency is required to make a payment pursuant to Health and
Safety Code Section 33681.9, the legislative body may amend the redevelopment plan to extend
the time limits required pursuant to subdivisions (a) and (b) of Health and Safety Code Section
33333.6 by one year by adoption of an ordinance, without the necessity of compliance with Health
and Safety Code Section 33450 or any other provision relating to amendments, including but not
limited to the requirement to make payments to affected taxing entities required by Health and
Safety Code Section 33607.7; and
WHEREAS, the Agency is required to make a payment pursuant to Health and
Safety Code Section 33681.9; and
WHEREAS, the Agency and the City Council of the City of the City of Carlsbad
desire to extend by one year the time limit on the effectiveness of the Redevelopment Plan and the
time limit for paying indebtedness and receiving property taxes.
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NOW, THEREFORE, the City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1. Amendment of the Redevelopment Plan for the Carlsbad Village
Redevelopment Pro-ject. In accordance with Health and Safety Code Section 33333.6(e)(2)(C),
and notwithstanding any other provision in the Redevelopment Plan, the City Council hereby
amends the Redevelopment Plan as stated herein by adoption of this Ordinance, and establishes
the following limitations, subject to all of the provisions of this Ordinance:
A. In accordance with Health and Safety Code Section 33333.6(e)(2)(C), the
effectiveness of the Redevelopment Plan shall terminate July 7, 2007, after which time the
Agency shall have no authority to act pursuant to the Redevelopment Plan, except to pay
previously incurred indebtedness, to enforce existing covenants, contracts, unless the Agency has
not completed its housing obligations pursuant to subdivision (a) of Health and Safety Code
Section 33333.8, in which case the Agency shall retain its authority to implement requirements
under subdivision (a) of Health and Safety Code Section 33333.8, including its ability to incur
and pay indebtedness for this purpose, and shall use this authority to complete these housing
obligations as soon as it is reasonably possible.
By In accordance with Health and Safety Code Section 33333.6(e)(2)(C),
except as provided in subdivisions (g) and (h) of Health and Safety Code Section 33333.6, the
Agency shall not pay indebtedness or receive property taxes pursuant to Health and Safety Code
Section 33670 after ten (10) years from the termination of the effectiveness of the Redevelopment
Plan pursuant to Paragraph B., above (July 7,2017).
Section 2. Application. The limitations established by this Ordinance shall apply to the Carlsbad
Village Redevelopment Project and may only be amended in the manner required and to the
extent permitted by law.
Section 3. Separability of Provisions. If any provision of this Ordinance or the application
thereof is held to be invalid for any reason, the remainder of this Ordinance and the application of
the provisions thereof shall not be affected thereby.
EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption
and the City Clerk, City of Carlsbad, shall certify to 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 (1 5) days after its adoption.
Page 2 of 3 of Ordinance No. NS-683 3
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INTRODUCED AND FIRST READ at a regular meeting of said City Council held on
the 2nd day of December ,2003, and thereafter,
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 9th day of December ,2003 by the following vote, to wit:
AYES: Council Members Lewis, Finnila and Kulchin
NOES: None
ABSENT: None
ABSTAIN: Council Members Hal
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
RONkD WBALL, City Attorney
Page 3 of 3 of Ordinance No. NS-683
(SEAL)