HomeMy WebLinkAboutOrdinance #3559 ORDINANCE NO. 3559
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING ORDINANCE NO. 2974 TO PROVIDE A CREDIT
FOR THE PAYMENT OF TRANSIENT OCCUPANCY TAXES
TO THE HUNTINGTON BEACH REDEVELOPMENT AGENCY.
The City Council of the City of Huntington Beach does hereby ordain as follows:
WHEREAS, California Revenue and Taxation Code Section 7280.5 permits the
redevelopment agency of any city which has levied a transient occupancy tax pursuant to
Section 7280 to adopt an ordinance levying a transient occupancy tax if the city's
ordinance entitles any person subject to the tax under the city's ordinance to credit the
amount of taxes due to the agency against the payment of taxes due under the city's
ordinance; and
On November 7, 1988, the City Council of the City of Huntington Beach adopted
Ordinance No. 2974 allowing the Huntington Beach Redevelopment Agency ("Agency")
to receive a portion of the transit occupancy taxes generated by hotels, inns, tourist homes
or houses, motels and other lodgings located within a portion of the Main-Pier sub-area of
the Huntington Beach Redevelopment project pursuant to Ordinance No. 1 adopted by the
Agency on November 7, 1988; and
The Agency desires to receive a portion of the transient occupancy taxes generated
by hotels, inns, tourist homes or houses, motels, and other lodgings located within the
entire Main-Pier Redevelopment sub-area of the Huntington Beach Redevelopment Project
to the extent necessary to enable the Agency to timely satisfy its payment obligations
under any and all outstanding Disposition and Development Agreements and/or Owner
Participation Agreements ("DDAs")by and between the Agency for redevelopment
projects located within the Main-Pier Redevelopment sub-area, including but not limited to
the DDA dated August 15, 1988, and all subsequent amendments thereto, by and between
the Agency and RLM Properties, Ltd., and the DDA approved in June 1999, by and
between the Agency and CIM Group, LLC ; and
The City Council desires to facilitate the implementation of any redevelopment
plan within the Main-Pier Redevelopment sub-area and the Agency's ability to perform its
payment obligations under any and all DDAs relating to redevelopment in the Main-Pier
sub-area by providing that persons subject to the City's transient occupancy tax ordinance
in the Main-Pier Redevelopment sub-area shall be entitled to a credit against the payment
of taxes due under the City's ordinance in the amount of the transient occupancy taxes due
to the Agency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH DOES ORDAIN AS FOLLOWS:
02ord/amend 2974-final/7/1/02 1
Ord. No. 3559
SECTION 1. Section 3.28.170 of the Huntington Beach Municipal Code is hereby
amended to read in its entirety as follows:
3.28.170 Credit for Transient Occupancy Taxes Paid to Huntin--ton Beach
Redevelopment Agency. Any person or persons subject to the transient occupancy
tax under this Ordinance shall be entitled to a credit against the payment of such
taxes due in the amount of any transient occupancy taxes due from that person or
persons to the Huntington Beach Redevelopment Agency ("Agency") pursuant to
Ordinance No. 2 , adopted by the Agency on Tuts , 2002, which
affects any persons occupying a room or rooms in any hotels, inns, tourist homes or
houses, motels, or other lodging within the Main-Pier Redevelopment sub-4rea of
the Huntington Beach Redevelopment Project. (See Ordinance No. 3558 for
additional information regarding termination, amendment or modification of
3.28.170.) -
SECTION 2. Section 1 above shall automatically terminate and be of no further
force and effect on the date that the entire Agency indebtedness pursuant to all outstanding
DDAs.by and between the Agency and relating to redevelopment projects within the Main-
Pier Redevelopment sub-area, as the same may be amended from time to time, is paid in
full or that any unpaid balance is forgiven and discharged as provided therein.
SECTION 3. The purpose of this Ordinance is to assist the Agency in
implementing the redevelopment plans for the Main-Pier Redevelopment sub-area by
providing an additional source of revenue to the Agency to satisfy its payment obligations
under any outstanding DDAs entered into by the Agency and relating to redevelopment
projects within the Main-Pier Redevelopment sub-area of the Huntington Beach
Redevelopment Project. Accordingly, to the extent that after the operative date of this
Ordinance the Agency collects any transient occupancy taxes not required to enable the
Agency to timely make such payments pursuant to any such DDA, the excess amount shall
promptly be paid to the City.
SECTION 4. Pursuant to California Revenue and Taxation Code Section
7280.5(d), this Ordinance may not be amended, modified, or repealed prior to the
termination date set forth in Section 2 in a manner that jeopardizes or impairs any rights
under any outstanding DDAs without prior written consent of the developer.
SECTION 5. If any provision of this Ordinance or the application thereof to any
person or circumstances is held invalid, the remainder of the ordinance and the application
of such provision to other persons or circumstances shall not be affected thereby.
SECTION 6. The City Clerk shall attest to the adoption of Ordinance and the
same shall be published in accordance with law.
02wd/amend 2974-final/4/25102 2
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Ord. No. 3559
SECTION 7. This ordinance shall become effective 30 days after its adoption.
SECTION 8. This ordinance shall become operative concurrently with Ordinance
No. 2 adopted by the Agency on July 1 , 2002, on the first day of the
first calendar quarter commencing more than one hundred eighty(180) days after adoption
of this Ordinance.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the lst day of July 2002.
ATTEST:
City Clerk Q �O 'aZ w Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City dministrator .City Attorney
INITIATED AND APPROVED:
Director of conomic Development
02ordlarnend 2974-final/1/14/02 3
Ord. No. 3559
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
Z, 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
a regular meeting thereof held on the 17th da of,Tune 2002, and was again read to said
City Council at a regular meeting thereof held on the 1st day of July, 2002, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Green, Dettloff, Houchen, Winchell, Bauer
NOES: Boardman, Cook
ABSENT: None
ABSTAIN: None
I,Connie Brockway,CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Fountain Valley Independent on
2002
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockway, Cily Clerk of the City Council of the City
EPuty City Clerk of Huntington Beach, California