HomeMy WebLinkAboutOrdinance #3262 ORDINANCE NO. 3262
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AMENDING OR ADDING
CERTAIN TIME LIMITATIONS TO THE HUNTINGTON CENTER
COMMERCIAL DISTRICT REDEVELOPMENT PLAN WITH
RESPECT TO AREAS OF THE PROJECT AREA INCLUDED,
ADDED, OR INCORPORATED INTO SAID REDEVELOPMENT
PROJECT AREA PRIOR TO JANUARY 1, 1994
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES
HEREBY ORDAIN AS FOLLOWS:
WHEREAS, the Redevelopment Agency of the City of Huntington Beach
(the "Agency"), is a public body, corporate and politic, formed, organized,
existing and exercising its powers pursuant to the California Community
Redevelopment Law, Health and Safety Code, Section 33000, et seq. (the
"CRL"); and
The City established the Huntington Center Commercial District
Redevelopment Project (the "Project") by Ordinance No. 2743 on November 26,
1984, which ordinance approved a redevelopment plan (the "Redevelopment
Plan") in connection with the Project; and
The California Legislature by Assembly Bill 1290, Statutes of 1993,
Chapter 942, amended the CRL, and particularly in relation to this Ordinance
Section 33333.6 was added to the CRL, which provides in part that all
redevelopment plans adopted and amended prior to January 1, 1994 are
required to contain certain time limitations, and cities are required on or before
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December 31, 1994 to amend their redevelopment plan(s) by ordinance to
include such limitations; and
Section 33333.6(a)(1) of the Community Redevelopment Law provides:
"The time limit on the establishing of loans, advances, and indebtedness
adopted pursuant to paragraph (2) of subdivision (a) of Section 33333.2 or
paragraph (2) of subdivision (a) of Section 33333.4 shall not exceed 20 years
from the adoption of the redevelopment plan or January 1, 2004, whichever is
later, but does not prevent agencies from incurring debt to be paid from the Low
and Moderate Income Housing Fund or establishing more debt in order to fulfill
the agency's housing obligations under Section 33413"; and
Section 333331.6(a)(2) provides: "The time limitation may be extended,
only by amendment of the redevelopment plan, after the agency finds, based on
substantial evidence that: (A) significant blight remains within the project area;
and (B) this blight cannot be eliminated without the establishment of additional
debt. However, this amended time limitation may not exceed 10 years from the
time limit established pursuant to this subdivision or the time limit on the
effectiveness of the plan established pursuant to subdivision (b), whichever is
earlier"; and
Section 33333.6(b) provides: "The effectiveness of every redevelopment
plan subject to the provisions of Section 33333.6 shall terminate at a date which
shall not exceed 40 years from the adoption of the redevelopment plan or
January 1, 2009, whichever is later. After the time limit on the effectiveness of
the redevelopment plan, the agency shall have no authority to act pursuant to
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the redevelopment plan except to pay previously incurred indebtedness and to
enforce existing covenants, contracts, or other obligations"; and
Section 33333.6(c) provides that except as provided in subdivisions (g)
and (h), a redevelopment agency shall not pay indebtedness or receive property
taxes pursuant to Section 33670 after 10 years from the termination of the
effectiveness of the redevelopment plan pursuant to subdivision (b); and
Section 33333.6(e)(1) provides that unless a redevelopment plan adopted
prior to January 1, 1994, contains all of the limitations required by that section
and each of these limitations does not exceed the applicable time limits
established by that section, the legislative body, acting by ordinance on or
before December 31, 1994, shall amend every redevelopment plan adopted
prior to January 1, 1994; and
Section 33333.6(e)(2) provides that the limitations established in the
ordinance adopted pursuant to this section shall apply to the redevelopment
plan as if the redevelopment plan had been amended to include those
limitations; however, in adopting the ordinance required by this section, neither
the legislative body nor the agency is required to comply with Article 12
(commencing with Section 33450) or any other provision of this part relating to
the amendment of redevelopment plans; and
Section 33333.6(f)(1) provides that if a redevelopment plan adopted prior
to January 1, 1994, contains one or more limitations required by that section,
and the limitation does not exceed the applicable time limit required by that
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section, that section shall not be construed to require an amendment of this
limitation; and
Section 33333.6(g) provides: "The limitations established in the
ordinance adopted pursuant to this section shall not be applied to limit allocation
of taxes to an agency to the extent required to eliminate project deficits created
under subdivision (e) of Section 33320.5, subdivision (g) of Section 33334.6, or
subdivision (d) of Section 33487, in accordance with the plan adopted pursuant
thereto for the purpose of eliminating the deficits or to implement a replacement
housing program pursuant to Section 33413. In the event of a conflict between
these limitations and the obligations under Section 33334.6 or to implement a
replacement housing program pursuant to Section 33413, the legislative body
shall amend the ordinance adopted pursuant to this section to modify the
limitations to the extent necessary to permit compliance with the plan adopted
pursuant to subdivision (g) of Section 33334.6 and to allow full expenditure of
moneys in the agency's Low and Moderate Income Housing Fund in accordance
with Section 33334.3 or to permit implementation of the replacement housing
program pursuant to Section 33413. The procedure for amending the ordinance
pursuant to this subdivision shall be the same as for adopting the ordinance
under subdivision (e)"; and
Section 33333.6(h) provides: "This section shall not be construed to
affect the validity of any bond, indebtedness, or other obligation, including any
mitigation agreement entered into pursuant to Section 33401, authorized by the
legislative body, or the agency pursuant to this part, prior to January 1, 1994.
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Nor shall this section be construed to affect the right of an agency to receive
property taxes, pursuant to Section 33670, to pay the indebtedness or other
obligation"; and
Section 33333.6(i) provides that a redevelopment agency shall not pay
indebtedness or receive property taxes pursuant to Section 33670, with respect
to a redevelopment plan adopted prior to January 1, 1994, after the date
identified in subdivision (c) or the date identified in the redevelopment plan,
whichever is earlier, except as provided in paragraph (2) of subdivision (f) or in
subdivision (h); and
Section 33333,60) provides that the Legislature finds and declares that
the amendments made to this section by the act that adds this subdivision are
intended to add limitations to the law on and after January 1, 1994, and are not
intended to change or express legislative intent with respect to the law prior to
that date, and further that it is not the intent of the Legislature to affect the merits
of any litigation regarding the ability of a redevelopment agency to sell bonds for
a term that exceeds the limit of a redevelopment plan pursuant to law that
existed prior to January 1, 1994; and
In the current Redevelopment Plan there are certain time limitations which
may not accord with those time limitations required by Section 33333.6; and
It is the desire of the City by this Ordinance to comply in all respects with
all applicable requirements of Section 33333.6 of the CRL.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH DOES ORDAIN AS FOLLOWS:
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Section 1. Establishing or Amending Certain Time Limitations. The
Redevelopment Plan is hereby amended by the addition of certain time
limitations as set forth in subsections 1.1, 1.2, and 1.3, as follows.
Section 1.1 Limitation of Incursion of Indebtedness. Except to the
extent a longer period of time may be allowed pursuant to Section 33333.6,
subdivisions (a)(2), (f)(2), (g), and (h) or other provisions of the CRL, and as
further stated herein, as of November 26, 2004, the Agency's ability to establish
loans, advances, and indebtedness to be paid with the proceeds of property
taxes received pursuant to Section 33670 of the CRL to finance in whole or in
part the Redevelopment Project shall terminate.
Section 1.2 Term of Effective Dates of the Redevelopment Plan.
Except as provided by Section 33333.6, subdivisions (a)(2), (f)(2), (g), and (h),
other provisions of the CRL, and as further stated herein, and except for the
nondiscrimination and nonsegregation provisions which shall run in perpetuity,
the provisions of the Redevelopment Plan shall be effective and the provisions
of other documents formulated pursuant to the Redevelopment Plan may be
made effective until November 26, 2019. After such time limit on the
effectiveness of the Redevelopment Plan, the Agency shall still have the
authority to pay previously incurred indebtedness and to enforce existing
covenants, contracts, or other obligations.
Section 1.3 Limitation on Receipt of Tax Increment to Pay Certain
Debt. Except to the extent a longer period of time may be allowed pursuant to
Section 33333.6, subdivisions (a)(2), (f)(2), (g), and (h) or other provisions of the
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CRL, and as further stated herein, the Agency shall not pay indebtedness or
receive property tax increment generated from the Redevelopment Project after
November 26, 2029, provided however, nothing in the foregoing limitation shall
be construed to or shall affect the validity of any bond, indebtedness, or other
obligation, including any mitigation agreement entered into pursuant to Section
33401 of the CRL, authorized by the City or the Agency prior to January 1, 1994,
nor shall the foregoing limitation be construed to affect the right of the Agency to
receive property tax increment to pay such indebtedness or obligation.
Section 2. New Limitations Prevail if Conflict with Existing
Limitations. Section 1, and each subdivision thereof inclusive, of this Ordinance
shall, to the extent of a conflict, if any, take precedence over those limitations in
the Redevelopment Plan concerning such limitations.
Section 3. Right to Extend Such Limitations. No actions with
respect to further extending the time limitations set forth herein pursuant to
Section 33333.6(a)(2) or other provisions of the CRL are being taken at this
time, but the right to consider such extension(s) of the time limitations is
reserved.
Section 4. Compliance with Section 33333.6. The City Council
finds and determines amendments to the Redevelopment Plan as adopted by
this Ordinance are in compliance with the requirements and time limitations set
forth in Section 33333.6 of the CRL.
Section 5. Redevelopment Plan Otherwise in Full Effect. The
Redevelopment Plan is and shall remain in full force and effect, unmodified
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except to the extent of those particular amendments expressly set forth in this
Ordinance.
Section 6. Publication of Ordinance. The City Clerk is hereby
authorized and directed to certify to the passage of this Ordinance and to cause
the same to be published with the names of Councilmembers voting for and
against the same in a newspaper of general circulation, published and circulated
in the City of Huntington Beach.
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Section 7. Effective Date. This Ordinance shall become
effective thirty (30) days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting held thereof on the 7th day of
November 1994.
Mayor
ATTEST: INITIATED AND APPROVED:
City Clerk Director of Economic Development
APPROVED AS TO FORM: REVIEWED AND APPROVED:
City Attorney ltyy Administrator
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Ord. No. 3262
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss:
CITY OF HUNTINGTON BEACH }
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council of
the City of Huntington Beach is seven; that the foregoing ordinance was read to
said City Council at an re Iar meeting thereof held on the 17th day of October,
1994, and was again read to said City Council at a regular meeting thereof held
on the 7th of November. 1994, and was passed and adopted by the affirmative
vote of at least a majority of all the members of said City Council.
AYES: Councilmembers:
Bauer, Robitaille, Winchell, Leipzig, Sullivan
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Silva, Moulton-Patterson (out of room)
i,'porinie Brockway CITY CLERK of the CEty of •
Huntirugton 3aach end o-x-o icio Cleric of the City.
Council, coo hM�-y(,artily that a syi Lopsis of ti b City Clerk and ex-officio Clerk
ordinarm i«" juL,';.hed in the Daiiy Pilot on
of the City Council of the City
tg � ti o fHunn on Beach,
In;�ccor ance will tCIE.".:ity '� <ts�r of acid Csty. h, California
Connie Brockway
_� -- City Clerk
D Ctty Cork