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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. / 1 ; c 4 C . c 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 . . . . . . . . . . . . . . . . L 1 2 ? 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 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. . . . . . . . . . . . . 1 2 ? 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 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: