HomeMy WebLinkAboutOrdinance #3792 ORDINANCE NO. 3792
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, AMENDING THE
REDEVELOPMENT PLAN FOR THE HUNTINGTON BEACH
PROJECT (OR ALSO KNOWN AS MERGED PROJECT) AREA
EXTENDING THE PLAN EFFECTIVENESS DEADLINE,
REPAYMENT OF INDEBTEDNESS DEADLINE AND TAX
INCREMENT RECEIPT DEADLINE PURSUANT TO SB 1045.
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, 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 Main-Pier
Area, Added Main-Pier Area, Oakview Area, and Huntington Center Commercial
District Area, 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 "Redevelopment Plan"); and
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Ordinance No. 3792
WHEREAS, California Health and Safety Code Section 33333.6 applies to every
redevelopment plan adopted on or before December 31, 1993; and
WHEREAS, the redevelopment plans for the Yorktown-Lake Area, Talbert-
Beach Area, Original Main-Pier Area, Added Main-Pier Area, Oakview Area, and
Hun�ington Center Commercial District Area were all adopted on or before December 31,
1993; and
WHEREAS, pursuant to California Health and Safety Code Section 33333.6(a),
the Redevelopment Plan contains a time limit for effectiveness of the Redevelopment
Plan for each of the Yorktown-Lake Area, Talbert-Beach Area, Original Main-Pier Area,
Added Main-Pier Area, Oakview Area, and Huntington Center Commercial District
Area; and
WHEREAS, pursuant to California Health and Safety Code Section 33333.6(b),
the Redevelopment Plan contains a time limit for the payment of indebtedness and receipt
of property taxes for the Yorktown-Lake Area, Talbert-Beach Area, Original Main-Pier
Area, Added Main-Pier Area, Oakview Area, and Huntington Center Commercial
District Area; and
WHEREAS, the California State Legislature has enacted SB 1045, making
various amendments to the Community Redevelopment Law (California Health and
Safety Code Sections 33000 et seq.), which was chaptered as Chapter 260 and became
effective on September 2, 2003; and
WHEREAS, California Health and Safety Code Section 33333.6(e)(2)(C), as
amended by SB 1045, provides that when an agency is required to make a payment
pursuant to California Health and Safety Code Section 33681.9, the legislative body may
amend the redevelopment plan to extend the time limits required pursuant to subdivisions
(a) and (b) of California Health and Safety Code Section 33333.6 by one year by
adoption of an ordinance, without the necessity of compliance with California Health and
Safety Code Section 33354.6 or Article 12 of the Community Redevelopment Law
(commencing with Section 33450) or any other provision relating to amendments,
including, but not limited to, the requirement to make payments to affected taxing entities
required by California Health and Safety Code Section 33607.7; and
WHEREAS, the Agency was required to make a payment pursuant to Health and
Safety Code Section 33681.9; and
WHEREAS, the Agency and the City Council of the City of Huntington Beach
desire to extend by one year the time limit on the effectiveness of the Redevelopment
Plan for the Yorktown-Lake Area, Talbert-Beach Area, Original Main-Pier Area, Added
Main-Pier Area, Oakview Area, and Huntington Center Commercial District Area and
the time limit for paying indebtedness and receiving property taxes for the Yorktown-
Lake Area, Talbert-Beach Area, Original Main-Pier Area, Added Main-Pier Area,
Oakview Area, and Huntington Center Commercial District Area.
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Ordinance No. 3792
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council hereby finds and determines that all of the
foregoing recitals are true and correct.
Section 2. Amendment of Time Limits. In accordance with California Health
and Safety Code Section 33333.6(e)(2)(C), and notwithstanding any other provision in
the Redevelopment Plan, the City Council hereby amends the Redevelopment Plan as
stated herein by adoption of this Ordinance, and establishes the following limitations for
each of the Merged Project Area:
A. Yorktown-Lake Area.
(1) Plan Effectiveness. The term of plan effectiveness for
the Yorktown-Lake Area shall expire on September 20, 2023.
(2) Repayment of Indebtedness; Receipt of Property Taxes.
Subject to the provisions of paragraphs (g) and (h) of Section 33333.6 of
California Health and Safety Code, no indebtedness shall be repaid from
the division and allocation of taxes to the Agency from the Yorktown-
Lake Area beyond ten years from the date of termination of the
effectiveness of the original Redevelopment Plan for the Yorktown-Lake
Area, or September 20, 2033.
B. Talbert-Beach Area.
(1) Plan Effectiveness. The term of plan effectiveness for
the Talbert-Beach Area shall expire on September 20, 2023.
(2) Repayment of Indebtedness; Receipt of Property Taxes.
Subject to the provisions of paragraphs (g) and (h) of Section 33333.6 of
the California Health and Safety Code, no indebtedness shall be repaid
from the division and allocation of taxes to the Agency from the Talbert-
Beach Area beyond ten years from the date of termination of the
effectiveness of the original Redevelopment Plan for the Talbert-Beach
Area, or September 20, 2033.
C. Original Main-Pier Area.
(1) Plan Effectiveness. The term of plan effectiveness for
the Original Main-Pier Area shall expire on September 20, 2023.
(2) Repayment of Indebtedness; Receipt of Property Taxes.
Subject to the provisions of paragraphs (g) and (h) of Section 33333.6 of
California Health and Safety Code, no indebtedness shall be repaid from
the division and allocation of taxes to the Agency from the Original Main-
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Ordinance No.3792
Pier Area beyond ten years from the date of termination of the
effectiveness of the original Redevelopment Plan for the Original Main-
Pier Area, or September 20, 2033.
D. Added Main-Pier Area.
(1) Plan Effectiveness. The term of plan effectiveness for
the Added Main-Pier Area shall expire on September 6, 2024.
(2) Repayment of Indebtedness; Receipt of Property Taxes.
Subject to the provisions of paragraphs (g) and (h) of Section 33333.6 of
California Health and Safety Code, no indebtedness shall be repaid from
the division and allocation of taxes to the Agency from the Added Main-
Pier Area beyond ten years from the date of termination of the
effectiveness of the original Redevelopment Plan for the Added Main-Pier
Area, or September 6, 2034.
E. Oakview Area.
(1) Plan Effectiveness. The term of plan effectiveness for
the Oakview Area shall expire on November 1, 2023.
(2) Repayment of Indebtedness; Receipt of Property Taxes.
Subject to the provisions of paragraphs (g) and (h) of Section 33333.6 of
California Health and Safety Code, no indebtedness shall be repaid from
the division and allocation of taxes to the Agency from the Oakview Area
beyond ten years from the date of termination of the effectiveness of the
original Redevelopment Plan for the Oakview Area, or November 1, 2033.
F. Huntington Center Commercial District Area.
(1) Plan Effectiveness. The term of plan effectiveness for
the Huntington Center Commercial District Area shall expire on
November 26, 2025.
(2) Repayment of Indebtedness; Receipt of Property Taxes.
Subject to the provisions of paragraphs (g) and (h) of Section 33333.6 of
California Health and Safety Code, no indebtedness shall be repaid from
the division and allocation of taxes to the Agency from the Huntington
Center Commercial District Area beyond ten years from the date of
termination of the effectiveness of the original Redevelopment Plan for the
Huntington Center Commercial District Area, or November 26, 2035.
Section 3. Application. The limitations established by this Ordinance may
only be amended in the manner required and to the extent permitted by law.
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Ordinance No. 3792
Section 4. Certification and Publication. The City Clerk is hereby ordered
and directed to certify the passage of this Ordinance and to cause the same to be
published in a newspaper of general circulation, published and circulated in the City of
Huntington Beach.
Section 5. Partial Invalidity. If any part of this Ordinance is held to be
invalid for any reason, such decision shall not affect the validity of the remaining portion
of this Ordinance, and the City Council hereby declares that it would have passed the
remainder of this Ordinance if such invalid portion thereof had been deleted.
Section 6. Effective Date. This Ordinance shall be in full force and effect
thirty (30) days after the second reading.
PASSED, APPROVED,AND ADOPTED this 19th day of November , 2007.
THE CITY OF HUNTINGTON BEACH
Mfyor
ATTEST: APPROVED AS TO FORM:
QM'ot) of- J
y Clerk jai Ci Attorney I
REVIEWED AND APPROVED: INITIATED AND APPROVED:
Director of Ec is Development !City Ad inistrator
07-1222/14429 5
Ord. No. 3792
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 November 5,2007, and was again read to said City Council at a
regular meeting thereof held on November 19, 2007, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AWES: Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy
NOES: None
ABSENT: None
ABSTAIN: None
1,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 November 29,2007.
In accordance with the City Charter of said City I 6 R
Jow L. Flynn, City Clerk City Clerk and ex-officio Merk
i Deputy City Clerk of the City Council of the City
of Huntington Beach, California