HomeMy WebLinkAbout2000-05-16; City Council; 15744; South Carlsbad Coastal Redevelopment ProjectCITY OF CARLSBAD - AGEhDA
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CITY MGR. DEPT. HlRED Proposed South Carlsbad Coastal Redevelopment Project CITY ATTY. & of City Share of Statutory Payment Resolutions for the MTG. Vtj
Set a Joint Public Hearing and Adopt Housing and Retention DEPT. HD. (&@ m:
RECOMMENDED ACTION:
Adopt City Council Resolution No. pboe - /b/ consenting to and callinn for a joint public hearing
on the proposed Redevelopment Plan and related Environmental Impact Report for the South Carlsbad
Coastal Redevelopment Project.
Adopt City Council Resolution No. leeo - lhz finding that the use of taxes allocated from the South
Carlsbad Coastal Redevelopment Project Area for the purpose of increasing, improving, and preserving
the community’s supply of low and moderate income housing outside the Project Area will be of benefit to the Project.
Adopt City Council Resolution No. aob0 - /,3 electing that the City of Carlsbad receive all or a
portion of the tax revenues for the South Carlsbad Coastal Redevelopment Project Area pursuant to
California Health and Safety Code Sections 33676 and 33607.5.
I ITEM EXPLANATION:
The Housing and Redevelopment Commission has been undertaking the necessary steps to prepare and
adopt a Redevelopment Plan for the proposed South Carlsbad Coastal Redevelopment Project.
Redevelopment of the Project Area would enable the Commission to: (1) facilitate interim improvements at
the Encina power-generating facility to reduce the plant‘s environmental and economic impacts on the
community; (2) accommodate the economically viable redevelopment of the Encina power plant to a
smaller (reduced building profile), more operationally efficient facility; (3) provide funding for the potential
realignment of Carlsbad Boulevard, yielding excess property that could facilitate public recreational
facilities and improvements as well as some commercial development, and; (4) promote the
redevelopment of underutilized properties in the area commonly referred to as the Ponto Area.
At this time, there are several additional actions that must be taken by the Housing and Redevelopment
Commission andlor City Council to continue with the necessary steps to adopt the South Carlsbad Coastal
Redevelopment Project. One of these steps requires the Housing and Redevelopment Commission and
City Council to set a joint public hearing to consider the proposed Redevelopment Plan. Another step is to
have the Commission and Council both approve a resolution that will allow for the expenditure of proposed
low and moderate income housing funds for implementation of affordable housing programs and projects
in areas located outside the South Carlsbad Coastal Redevelopment Project Area. A third step will involve
approval of a resolution by the City Council only which will indicate the City’s intent to exercise its right to
receive additional tax increment payments following adoption of the proposed Project Area.
Joint Public Hearing on Proposed Redevelopment Plan
Pursuant to Section 33355 of the California Community Redevelopment Law, Health and Safety Code Sections 33000 et. seq. (“Law”), the City Council and Housing and Redevelopment Commission must
conduct public hearings on the proposed Redevelopment Plan and Environmental Impact Report.
Because the members of the Commission are also members of the City Council, Section 33355 of the Law
permits both entities to convene a joint public hearing. It is staffs recommendation that the joint public
hearing be scheduled for June 20,2000.
With the consent of the City Council, copies of the notice of joint public hearing shall be forwarded to all
Project Area property owners, business tenants, residents, and affected taxing agencies via first class mail
no later than 30 days prior to the subject joint hearing. Notice of the hearing will also be published in the
North County Times for four successive weeks prior to the hearing. I
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Staff also intends to conduct a Community Meeting or Workshop, prior to the noted public hearing, to allow
interested parties an opportunity to ask questions and obtain additional information on the proposed
project area in a more informal setting. The joint public hearing date will be announced again within this
meeting/workshop.
Use of Housing Set-Asides
Section 33334.2(g) of the Redevelopment Law allows the Housing and Redevelopment Commission to
use the Project's allocated 20 percent low and moderate income housing funds outside the Project Area
when a finding is made that the proposed program or project will benefit the Project. Given that current
and anticipated land uses within the Project Area are limited and primarily recreational and commercial
and that affordable housing at any location within the City will provide benefit to the Project Area, it would
be appropriate at this time to approve a resolution which indicates the Council's intent to allow the
Commission to expend the low and moderate income housing funds generated by the Project Area for
programs and projects located outside the Project Area. The use of housing funds outside the Project Area
will provide the Commission with the flexibility to more effectively implement housing funds throughout the
City. This condition will meet City Housing Element objectives of providing additional opportunities for
affordable housing.
Retention of City Share of Statuton, Payments
In 1994, Assembly Bill 1290 became effective which abolished the authority for redevelopment agencies to
enter into "pass-through agreements". AB 1290 also eliminated the time consuming fiscal review
committee process. Redevelopment Law now has established formulas for payments to be made to
affected taxing entities. With the adoption of the Redevelopment Plan for the South Carlsbad Coastal
Redevelopment Area, future property tax increment revenues will be allocated to the Housing and
Redevelopment Commission/Redevelopment Agency instead of the taxing agencies that currently levy
taxes within the Project Area boundaries. The Agency is then required to share a portion of this revenue
with the affected taxing agencies including, at its request, the City of Carlsbad. Section 33676 of the
Redevelopment Law provides that the City may elect to receive all or any portion of the tax increment
revenues generated by increases in the City's tax rate. Section 33607.5 also provides that the City may
elect to receive from the Commission/Agency 25% of the City's share of non-housing tax increment
revenues from the City's existing tax levy (approximately 24%) within the Project Area.
Financial forecasts included in the documentation previously presented to the Housing and
Redevelopment Commission and City Council have assumed that the City would elect to receive its share
of tax increment revenue permitted by Law. Based on the tax increment projections contained in the
Preliminary Report for the Project, the City is projected to receive approximately $14,556,582 of tax
allow the City to receive both tax increment revenues due to future increases in the City's tax rate and the increment revenues from the project area over the next 45 years. Approval of the attached resolution will
25% share of non-housing tax increment revenues from the City's existing tax levy.
Environmental Review
A complete Environmental Impact Report (EIR) is being prepared in conjunction with the preparation of the Final Redevelopment Plan. The completed EIR will be submitted to the Planning Commission and Housing
the subject Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project.
and Redevelopment Commission/City Council for consideration prior to any action being taken to adopt
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STAFF RECOMMENDATION
Staff is recommending that the City Council adopt the attached resolutions that will:
Consent and call a joint public hearing on the proposed Redevelopment Plan and Environmental
Impact Report for the South Carlsbad Coastal Redevelopment Project: and,
Find that the use of taxes allocated for the South Carlsbad Coastal Redevelopment Project Area
for purposes of improving, increasing, and preserving low and moderate income housing outside
the Project Area will be of benefit to the Project; and,
Elect to receive all or a portion of the tax revenues from the South Carlsbad Coastal Redevelopment Project pursuant to California Health and Safety Code Sections 33676 and
33607.5.
FISCAL IMPACT:
At this time, there is no additional financial impact related to the actions to set the joint public hearing or
approve the housing or tax revenue resolutions. If adopted, the proposed Project Area will generate
revenue that can be used to fund proposed redevelopment programs and projects for the area and provide
throughout the City of Carlsbad. Based on current estimates, the City will receive approximately $15
additional financial resources to assist with the continued development of affordable housing programs
million in tax increment revenues (statutory payments) from the project area over its 45-year life.
Previous actions have appropriated funds in the amount of approximately $200,000 for consultant services
required to complete the various tasks associated with the adoption of a redevelopment project area.
EXHIBITS
1. City Council Resolution No.-loaO-lb/consenting to and calling for a joint public hearing on the
proposed Redevelopment Plan and Environmental Impact Report for the South Carlsbad Coastal
Redevelopment Project.
2. City Council Resolution N~.~~"""finding that the use of taxes allocated for the South Carlsbad
Coastal Redevelopment Project for purposes of improving, increasing, and preserving low and
moderate income housing outside the Project Area will be of benefit to the Project.
3. City Council Resolution No. aoob-lb3electing to receive all or a portion of the tax revenues from
the South Carlsbad Coastal Redevelopment Project pursuant to Health and Safety Code Sections
33676 and 33607.5.
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CITY COUNCIL RESOLUTION NO. -161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNU CONSENTING TO AND CALLING FOR A JOINT PUBLIC HEARING
ON THE PROPOSED REDEVELOPMENT PLAN AND RELATED ENVIRONMENT
IMPACT REPORT FOR THE SOUTH CARLSBAD COASTAL REDEVELOPMENT
PROJECT
WHEREAS, a draft Redevelopment Plan for the South Carlsbad Coastal Redevelopment
Project (“Redevelopment Plan”) and its related Environmental Impact Report (“EIR”) has been
prepared in accordance with the provisions of the California Community Redevelopment Law,
Health and Safety Code Sections 33000 et. seq. (“Law”); and,
WHEREAS, pursuant to Sections 33355 and 33458 ofthe Law, a joint public hearing on
the proposed South Carlsbad Coastal Redevelopment Project may be held with the consent of the
City Council of the City of Carlsbad and the Carlsbad Housing and Redevelopment Commission.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad
as follows:
1. A joint public hearing of the Commission and the City Council is hereby consented and
called. The hearing is to be held in the City Council Chambers to act upon the proposed
Redevelopment Plan, related EIR, and all documents and evidence pertaining thereto.
The date and time of such joint public hearing shall be June 20, 2000, at 6:OO p.m. OK
soon thereafter as the matter may be heard.
2. Staff is hereby authorized and directed to prepare, publish, and mail such notices and
documents necessary to carry out the purposes of this resolution.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad held on the 16th day of May 2000, by the following vote to wit:
AYES:Council Members Lewis, Finnila, Nygaard and Kulchin
NOES None
ABSTAIN: None
ABSENT: Council Member Hall
LORRAINE M. WOOD, CITY CLERK
(SEAL)
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CITY COUNCIL RESOLUTION NO. -162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA FINDING THAT THE USE OF TAXES ALLOCATED FROM THE
SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT AREA FOR THE
PURPOSE OF INCREASING, IMPROVING, AND PRESERVING THE COMMUNITY’S
SUPPLY OF LOW AND MODERATE INCOME HOUSING OUTSIDE THE PROJECT
AREA WILL BE OF BENEFIT TO THE PROJECT
WHEREAS, the Carlsbad Housing and Redevelopment Commission (“Commission”)
has prepared a proposed Redevelopment Plan for the South Carlsbad Coastal Redevelopment
Project (“Project”) that would result in the allocation of taxes from the Project Area to the
Commission for the purposes of redevelopment; and,
WHEREAS, Section 33334.2 of the California Community Redevelopment Law, Health
and Safety Code Sections 33000 et. seq. (“Law”), requires that not less than twenty pemnt (20%)
of all taxes so allocated be used by the Commission for the purpose of increasing, improving, and
preserving the community’s supply of low and moderate income housing available at affordable
housing cost; and,
WHEREAS, Section 33334.2 of the Law provides that the Commission may use such
funds outside the Project Area if a finding is made by resolution of the Commission and the City
Council that such use will be of benefit to the Project.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad
as follows:
1. The use of taxes allocated fiom the Project Area for the purpose of increasing, improving, and
preserving the community’s supply of low and moderate income housing available at
affordable housing cost outside the Project Area will be of benefit to the Project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad held on the 16th day of May 2000, by the following vote to wit:
AYE& Council Members Lewis, Finnila, Nygaard and Kulchin
NOES: None
ABSTAIN: None
ABSENT: Council Member Hall
A
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LORRAINE d. WOOD, CITY CLERK
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(SEAL)
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CITY COUNCIL RESOLUTION NO. 2000-163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA ELECTING TO RECEIVE ALL OR A PORTION OF THE TAX
REVENUES PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 33676 and
33607.5
WHEREAS, the Carlsbad Housing and Redevelopment Commission (“Commission”) is
preparing a proposed Redevelopment Plan for the South Carlsbad Coastal Redevelopment
Project; and,
WHEREAS, Section 33676 of the Health and Safety Code provides that prior to the
adoption of a redevelopment plan, an affected taxing agency may elect to receive, in addition to
the portion of taxes allocated to the affected taxing agency pursuant to Health and Safety Code
Section 33670(a), all or any portion of the tax revenues allocated to the Commission pursuant to
Health and Safety Code Section 33670(b) which are attributable to the tax rate increases imposed
for the benefit of the taxing agency after the tax year in which the ordinance adopting the
redevelopment plan becomes effective (“Increases”); and,
WHEREAS, for redevelopment plans adopted on or after January 1, 1994, Section
33607.5 of the Health and Safety Code provides that in any fiscal year in which a redevelopment
agency receives tax increments, the community that has adopted the redevelopment project area
may elect to receive, and the Commission shall pay into it, an amount equal to twenty-five
percent (25%) of its proportional share of the tax increments received by the Commission after
the amount required to be deposited in the Low and Moderate Income Housing Fund has been
deducted (“City Election”).
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlshad
as follows:
1. The City Council hereby elects to receive all Increases as herein defmed.
2. The City Council hereby elects to receive the City Election as herein defined.
3. The City Clerk is hereby directed and authorized to transmit a copy of this resolution
to the Executive Director of the Commission and the tax collector of the County of
San Diego.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad held on the 16th day of May 2000, by the following vote to wit:
AYES: Council Members Lewis, Finnila, Nygaard and Kulchin
NOES: None
ABSTAIN: None
ABSENT: Council Member Hall
(SEAL)
LORRAINE M. WOOD, CITY CLERK