HomeMy WebLinkAboutOrdinance #3771 ORDINANCE NO. 3771
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, DESCRIBING THE
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON
BEACH'S PROGRAM TO ACQUIRE PROPERTY WITHIN THE
HUNTINGTON BEACH REDEVELOPMENT PROJECT (OR ALSO
KNOWN AS MERGED PROJECT)AREA BY EMINENT DOMAIN.
WHEREAS, the City Council of the City of Huntington Beach ("City Council")
activated the Redevelopment Agency of the City of Huntington Beach ("Agency") on
March 1, 1976; and
WHEREAS, pursuant to Ordinance No. 2576, adopted on September 20, 1982,
the City Council approved and adopted a redevelopment plan for the Yorktown-Lake
Redevelopment Project Area ("Yorktown-Lake Area"); and
WHEREAS, pursuant to Ordinance No. 2577, adopted on September 20, 1982,
the City Council approved and adopted a redevelopment plan for the Talbert-Beach
Redevelopment Project Area("Talbert-Beach Area"); and
WHEREAS, pursuant to Ordinance No. 2578, adopted on September 20, 1982,
the City Council approved and adopted a redevelopment plan for the Main-Pier
Redevelopment Project Area("Original Main-Pier Area");
WHEREAS, on September 6, 1983, the City Council amended the redevelopment
plan for the Original Main-Pier Area by adopting Ordinance No. 2634 to enlarge the
Original Main-Pier Area("Added Main-Pier Area"); and
WHEREAS, pursuant to Ordinance No. 2582, adopted on November 1, 1982, the
City Council approved and adopted a redevelopment plan for the Oakview
Redevelopment Project Area("Oakview Area"); and
WHEREAS, on July 5, 1989, the City Council amended the redevelopment plan
for the Oakview Area by adopting Ordinance No. 3002 to extend certain time and
financial limits and establish the Agency's eminent domain authorities; and
WHEREAS, pursuant to Ordinance No. 2743, adopted on November 26, 1984,
the City Council approved and adopted a redevelopment plan for the Huntington Center
Commercial District Redevelopment Project Area ("Huntington Center Commercial
District Area"); and
WHEREAS, on December 16, 1996, the City Council amended and merged the
redevelopment plans for Yorktown-Lake Area, Talbert-Beach Area, Original and Added
Main-Pier Areas, Oakview Area, and Huntington Center Commercial District Area,
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Ord. No. 3771
establishing the Redevelopment Plan for the Huntington Beach Redevelopment Project
("Merged Project Area") by approving and adopting Ordinance No. 3343 (hereinafter
referred to collectively as the "Plan"); and
WHEREAS, on July 15, 2002, the City Council amended the Plan by adopting
Ordinance No. 3566 to rescind the time limit to incur debt on July 15, 2002; and
WHEREAS, in accordance with California Health and Safety Code Section
33342.7(a), a legislative body that adopted a final redevelopment plan before January 1,
2007, shall adopt an ordinance on or before July 1, 2007, that contains a description of
the agency's program to acquire real property by eminent domain; and
WHEREAS, the Plan contains a description of the Agency's program that is
applicable to the Merged Project Area;
NOW, THEREFORE, BE IT ORDAINED, by the City Council, as follows:
Section 1. The City Council hereby finds and determines that all of the
foregoing recitals are true and correct.
Section 2. In accordance with California Health and Safety Code Section
33342.7(a), the Agency's program for exercise of eminent domain powers within the
Merged Project Area(the "Program") is as follows:
A. The following provisions described in Section VI (600), paragraph B
(602), and subparagraph 1 (603) entitled Property Acquisition and Acquisition of Real
Property, respectively:
[T]he Agency may acquire real property, any interest in property, and any
improvements on such property by eminent domain, with the following
exceptions:
a. Within the Yorktown-Lake Area and Talbert-Beach Area, the
Agency shall not have the authority to acquire property by eminent
domain,
b. Within the Original Main-Pier Area and Added Main-Pier Area,
the Agency shall not have the authority to acquire, by eminent domain,
property on which any persons legally reside; and this new limitation shall
supersede any and all previous limitations on the Agency's powers of
eminent domain within the Original and Added Main-Pier Areas
including, but not limited to, Resolution No. 48, and
c. Within the Oakview Area, the Agency shall not have the
authority to acquire, by eminent domain, property which is excluded from
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Ordinance No. 3771
the Oakview Public Acquisition Map, Exhibit D [in the Plan].
Except for the Oakview Area and as otherwise provided herein, or
otherwise provided by law, no eminent domain proceeding to acquire
property within the [Merged] Project Area shall be commenced after
twelve (12) years following the date of adoption of the ordinance adopting
this Plan. With respect to properties identified on Exhibit D [in the Plan],
no eminent domain proceeding to acquire property in the Oakview Area
shall be commenced after twelve (12) years following the July 5, 1989
adoption of Ordinance No. 3002, amending the Redevelopment Plan for
the Oakview Redevelopment Project. This Plan does not amend, or
otherwise change, the Agency's eminent domain authorities established by
the adoption of Ordinance No. 3002. Such time limitations may be
extended only by amendment of this Plan.
B. Such limitations may be extended only by amendment of the Plan in the
manner required by law.
Section 3. The Program may only be changed by an amendment to the Plan,
pursuant to and in the manner required and to the extent permitted by law.
Section 4. If any section, subsection, subdivision, paragraph, sentence, clause
or phrase in this Ordinance or. any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
Ordinance or any part thereof. The City Council hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
thereof irrespective-of the fact that any one (1) or more subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or
ineffective.
Section 5. The City Council hereby authorizes and directs the City Administrator
to undertake such actions and execute such documents as may be reasonably necessary or
convenient to the carrying out and administration of the actions authorized by this
Ordinance.
Section 6. This Ordinance shall become effective thirty (30) days after its second
reading.
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Ord. No. 3771
PASSED, APPROVED, AND ADOPTED this 16th day of July , 2007.
THE CITY OF HUNTINGTON BEACH
Ma or
ATTEST: APPROVED AS TO FORM:
CM Clerk v it Attorney , 0
L•I •!ram
REVIEWED AND APPROVED: INITIATED AND APPROVED:
b
Director of Economic Deve pment City Admi trator
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Ord. No. 3771
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN,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 2nd day of July,2007, and was again read to said City
Council at a regular meeting thereof held on the 16th day of July,2007, and was passed
and adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Carchio, Cook, Green, Hansen, Hardy
NOES: Coerper
ABSENT: None
ABSTAIN: Bohr
I,Joan L.Flynn,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 July 26,2007.
In accordance with the City Charter of said City
Joan L. Flynn,Cily Clerk Clerk and ex-officio Jerk
,
Deputy city Clerk of the City Council of the City
of Huntington Beach, California