HomeMy WebLinkAbout1995-01-24; City Council; 12999; Carlsbad Redevelopment Plan Time LimitsCIT- OF CARLSBAD - AGENP”\. BILL gg A3 0
(AB# +W4 ITITLE: ADOPTION OF ORDINANCE NO. NS-300 - I DEPT. HD. @
MTG. l/24/95
DEPT. cLK
AMENDMENTS TO CARLSBAD VILLAGE REDEVELOPMENT PLAN - TIME LIMITS CITY ATTY
CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. NS-300, amending certain limitations with respect to the Redevelopment Plan for the Carlsbad Village Redevelopment Project Area.
ITEM EXPLANATION
Ordinance No. NS-300 was introduced at the regular City Council meeting of January 17, 1995. The second reading allows Council to adopt the ordinance which would then become effective in thirty days. The City Clerk will have the ordinance published within fifteen days, if adopted.
FISCAL IMPACT
See Agenda Bill No. 12,988 on file with the City Clerk.
EXHIBIT
1. Ordinance NO. NS-300.
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ORDINANCENO. NS-300
A ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA, ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH
RESPECT TO THE REDEVELOPMENT PLAN FOR THE
CARLSBAD VILLAGE REDEVELOPMENT PROJECT AREA.
WHEREAS, the City Council of the City of Carlsbad adopted Ordinance No.
9591 on July 7, 1981, approving and adopting the Carlsbad Village Area Redevelopment Plan,
hereinafter known as the “Redevelopment Plan”, for the Village Redevelopment Project Area;
and
WHEREAS, the Redevelopment Agency 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 Section 33000 et seq.) and to implement
the Redevelopment Plan; and
WHEREAS, in 1993 the California State Legislature enacted the Community
Redevelopment Reform Act of 1993 (AB1290), making various amendments to the Community
Redevelopment Law (Health and Safety Code Section 33000, et seq.), which became effective
on January 1, 1994; and
WHEREAS, Health and Safety Code Section 33333.6 expressly requires each
redevelopment plan adopted prior to December 31, 1993, to contain certain restrictions and
limitations, which must be imposed prior to December 31, 1994; and
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CC ORDINANCE N0.61~ 300
PAGE 2
WHEREAS, Health and Safety Code Section 33333.6 expressly provides that
such restrictions and limitations be imposed by way of ordinance and shall be deemed to
constitute an amendment of the redevelopment plan without the necessity of compliance with
Health and Safety Code Section 33450 or any other provision of the Community Redevelopment
Law relating to amendment.
NOW, THEREFORE, the City Council of the City of Carlsbad, California does ordain
as follows:
Section 1. Amendment of the Redevelonment Plan for the Carlsbad Village Redevelonment
In accordance with the requirements of the Community Redevelopment Law Reform Proiect.
Act of 1993, and notwithstanding any other provision in the Redevelopment Plan, the City
Council hereby amends the Redevelopment Plan for the Carlsbad Village Redevelopment Project
as stated herein, and establishes the following limitations, subject to all of the provisions of this
Ordinance and further subject to Health and Safety Code Section 33333.6(g) and (h):
A. In accordance with Health and Safety Code Section 33333.6(a), the time limit for
establishing of loans, advances and indebtedness to be paid with the proceeds of property taxes
received pursuant to Health and Safety Code Section 33670, to fmance, in whole or in part, the
Carlsbad Village Redevelopment Project shall not exceed January 1, 2004. As provided in
Health and Safety Code Section 33333.6(a), this limit, however, shall not prevent the
Redevelopment Agency of the City of Carlsbad (“Agency”) from incurring debt to be paid from
the Low and Moderate Income Housing Fund or establishing more debt in order to fulfil1 the
Agency’s housing obligations under Health and Safety Code Section 33413, nor shall this prevent
the Agency from refinancing, refunding, or restructuring indebtedness after the time limit if the
idebtedness is not increased and the time during which the indebtedness is to be repaid does not
exceed the date on which the indebtedness would have been paid. This limit may be extended
by amendment in accordance with Health and Safety Code Section 33333.6(a)(2).
B. Consistent with Health and Safety Code Section 33333.6(b), the effectiveness of
the Redevelopment Plan shall terminate July 7, 2006, after which time the Agency shall have
no authority to act pursuant to the Redevelopment Plan, except to pay previously incurred
indebtedness and to enforce existing covenants, contracts or other obligations. The
Redevelopment Plan may be amended to extend this limitation, within the applicable time limit
established by Health and Safety Code Section 33333.6(b), pursuant to Health and Safety Code
Section 33354.6.
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A
C. In accordance with Health and Safety Code Section 33333.6(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, 2016).
Section 2. Annlication. The limitations established in 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. Senarabilitv of Provisions. If any provision of this Ordinance or the application
thereof is held to be invalid for any reason, the remainder of the chapter and the application of
the provisions shall not be affected thereby.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and
the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least
once in a local paper of general circulation within the City of Carlsbad within fifteen (15) days
of its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council
on the 17th day of JAwARy 1995 , and thereafter.
PASSED AND ADOPTED at a regular meeting of the Carlsbad City Council of the City
of Carlsbad on the 24th day of J&, 19x, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT : None
APPRWJED AS TO FORM AND LEGALITY fltd!uaf;rL .
RONALD R. BALL, City Attorney /-2C.?F
ATTEST: