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HomeMy WebLinkAbout2017-01-24; City Council; ; Introduce Ordinance to rescind Ordinance No. NS-551 due to achievement of purpose and end of termItem #7 January 24, 2017 Page 2 of 7 Per the Plan, the IFD would cease to exist 20 years from the date of adoption (June 27, 2020), or upon the allocation to the IFD of $1.76 million, whichever came first. By January 31, 2016, a total of $1.76 million oftax increment was collected by the IFD and then remitted to the hotel developer as reimbursements for paid eligible development impact fees and assessments. Consequently, the purpose of the IFD has been achieved thereby ending the IFD term. Fiscal Analysis There is no fiscal impact to adopt the ordinance. Next Steps Adopt an ordinance rescinding Ordinance No. NS-551. If adopted, the City Clerk will have the ordinance or a summary of the ordinance published in a newspaper of general circulation within 15 days following adoption. The Ordinance will be effective 30 days after its adoption. Environmental Evaluation (CEQA) Adoption of the ordinance is exempt from the California Environmental Quality Act. Pursuant to CEQA Guidelines Section 15061(b)(3), " ... CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." This action would not authorize, permit or guarantee the construction of any project that would have a significant environmental effect nor commit the City of Carlsbad to approve any such project. Public Notification None. Exhibits 1. An ordinance rescinding Ordinance No. NS-551. 2. Ordinance No. NS-551. Item #7 January 24, 2017 Page 3 of 7 ORDINANCE NO. CS-314 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RESCINDING ORDINANCE NO. NS-551, WHICH ADOPTED AN INFRASTRUCTURE FINANCING PLAN AND CREATED AN INFRASTRUCTURE FINANCING DISTRICT FOR PARCELS 17 AND 18 OF THE CARLSBAD RANCH AMENDED SPECIFIC PLAN AREA, DUE TO ACHIEVEMENT OF PURPOSE AND END OF TERM. EXHIBIT 1 WHEREAS, the City of Carlsbad, California, adopted Ordinance No. NS-551 on June 27, 2000, which adopted an infrastructure financing plan (Plan) and created an infrastructure financing district {IFD) for parcels 17 and 18 of the Carlsbad Ranch Amended Specific Plan Area; and WHEREAS, costs for eligible public works projects were allocated to the IFD and then borne by the hotel developer via development impact fees and assessments. The fees were paid at the time of the issuance of building permits. Per the Plan, the total amount of tax increment committed by the city to the IFD for reimbursement of the hotel developer for eligible development impact fees and assessments was $1.76 million. Per the Pia~, the IFD would cease to exist twenty years from the date of adoption (June 27, 2020}, or upon the allocation to the IFD of $1.76 million, whichever came first; and WHEREAS, by January 31, 2016, a total of $1.76 million of tax increment was collected by the IFD and then remitted to the hotel developer as reimbursements for paid eligible development impact fees and assessments. Consequently, the purpose of the IFD has been achieved thereby ending the IFD term. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows: 1. The above recitations are true and correct. 2. The City Council hereby rescinds Ordinance No. NS-551. 3. The Mayor is hereby authorized to execute this Ordinance. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 24th day of January, 2017, and thereafter Item #7 January 24, 2017 Page 4 of 7 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of----' 2017, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MA TI HALL, Mayor BARBARA ENGLESON, City Clerk Exhibit 2 Item #7 January 24, 2017 Page 5 of 7 .. 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 1: ORDINANCE NO. NS-551 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING AN INFRASTRUCTURE FINANCING PLAN AND CREATING AN INFRASTRUCTURE FINANCING DISTRICT FOR PARCELS 17 AND 18 OF THE CARLSBAD RANCH AMENDED SPECIFIC PLAN AREA Recitals A. The Legislature of the State of California has enacted a comprehensive statutory scheme, the Infrastructure Financing District Act (Government Code Section 53395 et seq.) (the "Act"), authorizing a city, county, or city and county to create an infrastructure financing district as a means of fmancing construction of public works and facilities for new development projects through the funding mechanism known as "tax increment financing" under which incremental increases in property taxes are allocated to finance public capital facilities associated with the district. B. On February 8, 2000, the City Council ("City Council") ofthe City of Carlsbad ("City") instituted proceedings for the creation of an infrastructure financing district ("Infrastructure Financing District") for Parcels 17 and 18 of the Carlsbad Ranch Amended Specific Plan Area ("Property") by adoption of a Resolution of Intention to Establish an Infrastructure Financing District pursuant to the Act. The City Council also directed the City Manager to prepare an infrastructure financing plan for the Property. C. The City Manager prepared an infrastructure financing plan for the Property ("Infrastructure Financing Plan"), sent the Infrastructure Financing Plan to each landowner within the proposed Infrastructure Financing District, and made the proposed Infrastructure Financing Plan available for public inspection, as required by the Act. The Infrastructure Financing Plan is attached hereto as Exhibit A and incorporated herein by reference. D. On March 14, 2000, after first publishing notice as required by law, the City Council held an informational public hearing on the proposal to create the Infrastructure Financing District for the Property and to adopt the Infrastructure Financing Plan. E. As provided in the Act, the City Manager and staff have consulted with and met with representatives of the County of San Diego. F. Based on such consultation, the proposed Infrastructure Financing Plan has been modified to propose formation of the Infrastructure Financing District for the Property without allocation of the tax increment revenues of the County of San Diego or any other affected taxing agency except the City. Item #7 January 24, 2017 Page 6 of 7 .. 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 G. On April 18, 2000, the City Council held a second public hearing on the proposal to create the Infrastructure Financing District and adopt the Infrastructure Financing Plan, as modified, after first publishing notice as required by law. Following the public hearing, the City Council adopted a Resolution Proposing Approval of an Infrastructure Financing Plan and Formation of an Infrastructure Financing District for the Property. H. Following the adoption of said Resolution, on May 1, 2000, a landowner election was conducted in the manner required by the Act with regard to the proposal to create the Infrastructure Financing District. The Property landowners voted in favor of creating the Infrastructure Financing District. I. The City Planning Director has determined that the environmental effects of adoption of the Infrastructure Financing Plan and creation of the Infrastructure Financing District have already been considered in conjunction with previously certified environmental documents (EIR 91-03, MEIR 93-01 and MEIR 94-01), and, therefore, no additional or subsequent environmental evaluation is required. J. The City Council has duly considered all terms and conditions of the proposed Infrastructure Financing Plan for the Property, as modified, and believes that the proposal to create the Infrastructure Financing District and adopt the proposed Infrastructure Financing Plan, as modified, is in the best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local law and requirements. K. The proposed Infrastructure Financing Plan complies with all of the requirements of the Act and all actions required by law have been taken by all appropriate persons and entities. Section 2: Ordinance NOW, THEREFORE, the City Council of the City of Carlsbad, California does ordain as follows: 1. 2. 3. 4. The City Council hereby finds and determines that the foregoing recitals are true and correct. The City Council hereby adopts the proposed Infrastructure Financing Plan, . as modified, in substantially the form presented to the City Council, a copy of which is on file with the City Clerk, and hereby creates the Infrastructure Financing District with the full force and effect of law. The Mayor is hereby authorized to execute this Ordinance. The City Manager is hereby authorized to take any action and execute any and all documents and agreements necessary to implement the Infrastructure Financing Plan 5