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
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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
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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
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