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HomeMy WebLinkAbout2004-01-20; City Council; 17473; Ord NS-688 amendAB 17,473 MTG. 1-20-04 DEPT. CLK CITY OF CARLSBAD -AGENDA BILL ADOPTION OF ORDINANCE NO. NS-688 AMENDING THE CARLSBAD MUNICIPAL CODE TO REFLECT REQUIREMENTS OF THE MITIGATION FEE ACT DEPT.HD. 9 CITY ATTY. CITY MGR RECOMMENDED ACTION: Adopt Ordinance No. NS-688 amending the South Carlsbad Coastal Redevelopment Plan to extend certain time limits. ITEM EXPLANATION: Ordinance No. NS-688 was introduced and first read at the City Council meeting held on January 13, 2004. 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. 17,456 on file with the City Clerk. EXHIBITS: 1. Ordinance No. NS-688. DEPARTMENT CONTACT: Isabelle Paulsen (760) 434-2809, ipaul@ci.carlsbad.ca.us 1 2 3 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 CITY COUNCIL ORDINANCE NO. NS-688 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, AMENDING THE SOUTH CARLSBAD COASTAL REDEVELOPMENT PLAN TO EXTEND CERTAIN TIME LIMITS. WHEREAS, the City Council of the City of Carlsbad adopted Ordinance No. N> - 553 on July 18,2000, approving and adopting the South Carlsbad Coastal 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 33333.2 applies to every redevelopment plan adopted on or after January 1, 1994; and WHEREAS, pursuant to the Redevelopment Plan and subdivision (a)(2) of Health and Safety Code Section 33333.2 , the effectiveness of the South Carlsbad Coastal Redevelopment Plan shall terminate on July 18,2030; and WHEREAS, pursuant to the Redevelopment Plan and subdivision (a)(3) of Health and Safety Code Section 33333.2 , except as provided in subdivision (a)(3) of said Section 33333.2 , 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 18,2045; 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(c), as amended by SB 1045, provides that when an agency is required to make a payment pursuant to Health and Safety Code Section 3368 1.9, the legislative body may amend the redevelopment plan to extend the time limits required pursuant to subdivisions (2) and (3) of subdivision (a) of Health and Safety Code Section 33333.2 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 the amendment of redevelopment plans; and WHEREAS, the Agency is required to make a payment pursuant to Health and Safety Code Section 33681.9; and 3 1 2 3 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 WHEREAS, the Agency and the City Council 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. NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1. Amendment of the Redevelopment Plan for the South Carlsbad Coastal Redevelopment Pro-iect. In accordance with Health and Safety Code Section 33333.2(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 33333.2(c), the effectiveness of the Redevelopment Plan shall terminate July 18,203 1, 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 33333.2(c), the Agency shall not pay indebtedness or receive property taxes pursuant to Health and Safety Code Section 33670 after July 18,2046. SECTION 2. Application. The limitations established by this Ordinance shall apply to the South Carlsbad Coastal 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. 4 Page 2 of 3 of Ordinance No. NS-688 1 2 3 4 5 6 7 8 9 10 11 12 I( 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of said City Council held on the 13th day of January ,2004, and thereafter, PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 20th day of January , 2004 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, and Packard NOES: None PARTICIPATE ATTEST: ,i *-------\,’ APPROVED AS TO FORM AND LEGALITY: n RONALD R. BALL, City Attorney L -2-4 -0y Page 3 of 3 of Ordinance No. NS-688