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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 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-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 I 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 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. 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 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. /Ill /Ill /Ill 1111 1111 1111 1111 1111 1111 1111 1111 Ill/ 1/11 /Ill /Ill lllll 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 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