HomeMy WebLinkAbout2003-12-09; City Council; 17403; Amending the Village Area Redevelopment PlanAB #I 7,403
MTG. 12-9-03
DEPT. CLK
CITY OF CARLSBAD -AGENDA BILL
ADOPTION OF ORDINANCE NO. NS-683
AMENDING THE CARLSBAD VILLAGE AREA
REDEVELOPMENT PLAN TO EXTEND
CERTAIN TIME LIMITS
9
DEPT.HD. $9'
CITY ATTY.
CITY MGR
RECOMMENDED ACTION:
Adopt Ordinance No. NS-683 amending the Carlsbad Village Area Redevelopment Plan to
extend certain time limits.
ITEM EXPLANATION:
Ordinance No. NS-683 was introduced and first read at the City Council meeting held on
December 2, 2003. The second reading allows the City 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. 17,384 on file with the City Clerk.
EXHIBITS:
1. Ordinance No. NS-683.
DEPARTMENT CONTACT: Janice Breitenfeld (760) 434-2927, jbrei@ci.carlsbad.ca.us
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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 seq.) 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
md 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
md Safety Code Section 33333.6, except as provided in subdivisions (0 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
iarious 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
3B 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
.he 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
ind Safety Code Section 33450 or any other provision relating to amendments, including but not
imited 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
3afety Code Section 33681.9; and
WHEREAS, the Agency and the City Council of the City of the City of Carlsbad
lesire to extend by one year the time limit on the effectiveness of the Redevelopment Plan and the
ime 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 Project. 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.
B, 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. Separabilitv 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
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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
4TTEST:
(SEAL)
iPPROVED AS TO FORM AND LEGALITY:
?+ ALL, City Attorney
Page 3 of 3 of Ordinance No. NS-683