HomeMy WebLinkAbout2005-04-12; City Council; 18071; Amendment to Village Area Redevelopment PlanAB # 18.071
MTG. 04/12/05
DEPT. CLK
CITY OF CARLSBAD - AGENDA BILL
ADOPTION OF ORDINANCE NO. NS-751
AMENDMENT TO CARLSBAD VILLAGE AREA
REDEVELOPMENT PLAN TO EXTEND EFFECTIVENESS
TIME LIMIT
RECOMMENDED ACTION:
Adopt Ordinance No. NS-751 amending the Carlsbad Village Area Redevelopment Plan to
extend certain time limits pursuant to Senate Bill 1096 as codified in Health and Safety
Code Section 33333.6.
ITEM EXPLANATION:
Ordinance No. NS-751 was introduced and first read at the City Council meeting held on
April 5, 2005. 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. 18,060 on file with the City Clerk.
EXHIBIT:
1, Ordinance No. NS-751.
DEPARTMENT CONTACT: Sheila Cobian (760) 434-2927 , sco b i@ci. ca rlsbad . ca. us
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CITY COUNCIL ORDINANCE NO. NS-751
AN ORDINANCE OF THE CARLSBAD CITY COUNCIL,
AMENDING THE CARLSBAD VILLAGE AREA
REDEVELOPMENT PLAN TO EXTEND CERTAIN TIME
LIMITS PURSUANT TO SENATE BILL 1096 AS CODIFIED IN
HEALTH AND SAFETY CODE SECTION 33333.6
WHEREAS, the City Council of the City of Carlsbad (“City Council)
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, Health and Safety Code Section 33333.6 applies to every
redevelopment plan adopted on or before December 3 1, 1993; and
WHEREAS, Section 33333.6(e)(2)(D)(i) of the Health and Safety Code as enacted
by Senate Bill 1096 provides that when an agencykommission is required to make a payment to
the Educational Revenue Augmentation Fund during fiscal years 2004-05 and 2005-06 pursuant to
Section 33681.12, the legislative body may extend the effectiveness of the redevelopment plan by
up to two years, provided the City Council can make certain findings.
WHEREAS, the City Council desires to amend the Redevelopment Plan pursuant to the
authority granted in Section 33333.6(e)(2)(D)(i) to receive funds used to make payments to the Educational
Revenue Augmentation Fund that would have otherwise been used to pay for the costs of projects and
activities necessary to carry out the goals and objectives of the Redevelopment plan; and
WHEREAS, the time limit for the effectiveness of the Redevelopment Plan is July 7, 2007,
which is less than 10 years from the last day in fiscal years 2004-05 and 2005-06 in which the payment
required by Section 3368 1.12 of the Health and Safety Code must be made; and
WHEREAS, the Carlsbad Housing and Redevelopment Commission
(“Commission”) is in compliance with the requirements of Section 33334.6(c), which generally
requires that not less than 20 percent of the taxes allocated to the Commission beginning in fiscal
1985-86 be used to increase, improve and preserve the community’s supply of affordable housing;
and
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WHEREAS, the Commission has adopted an implementation plan in accordance
with the requirements of Section 33490 of the Health and Safety Code on December 14, 1999
(“Implementation Plan”); and
WHEREAS, as demonstrated in the Implementation Plan, the Commission is in
compliance with Section 33413 of the Health and Safety Code; and
WHEREAS, the Commission is not subject to sanctions pursuant to subdivision (e)
of Section 33334.12 for the failure to expend, encumber, or disburse an excess surplus; and
WHEREAS, pursuant to Section 33333.6(e)(3)(A), a public hearing has been
conducted and duly noticed.
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)@)(i), 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 other provisions of
this Ordinance:
A. In accordance with Health and Safety Code Section
33333.6(e)(2)@)(i), the effectiveness of the Redevelopment Plan shall terminate July 7,
2009, after which time the Commission shall have no authority to act pursuant to the
Redevelopment Plan, except to pay previously incurred indebtedness, to enforce existing
covenants, contracts, unless the Commission has not completed its housing obligations
pursuant to 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.
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B. In accordance with Health and Safety Code Section
33333.6(e)(2)(D)(i), except as provided in subdivisions (8) and (h) of Health and Safety
Code Section 33333.6, the Commission 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 7,2019).
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.
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Section 3. If any provisions of this Ordinance or the
application thereof is held to be invalid for any reason, the remainder of this Ordinance and
the application of provisions thereof shall not be affected thereby.
Separability of Provisions.
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 (15) days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of said City Council
held on the 5th day of April ,2005, and thereafter,
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
City Council held on the 12th day of APRIL ,2005 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
AP~D AS TO FORM AND LEGALITY: -
+t~-O~' RONALD R. BALL, City Attorney