HomeMy WebLinkAboutOrdinance #3793 ORDINANCE NO. 3793
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, AMENDING THE
REDEVELOPMENT PLAN FOR THE SOUTHEAST COASTAL
REDEVELOPMENT 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. 3561, adopted on June 17, 2002, the City
Council approved and adopted a redevelopment plan for the Southeast Coastal
Redevelopment Project Area (the redevelopment plan for the Southeast Coastal
Redevelopment Project Area is hereinafter referred to as the "Redevelopment Plan"); and
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 Plan was adopted on or after January 1, 1994;
and
WHEREAS, pursuant to California Health and Safety Code Section
33333.2(a)(2), the Redevelopment Plan contains a time limit for effectiveness of the
Redevelopment Plan for the Southeast Coastal Redevelopment Project Area; and
WHEREAS, pursuant to California Health and Safety Code Section
33333.2(a)(3), the Redevelopment Plan contains a time limit for the payment of
indebtedness and receipt of property taxes for the Southeast Coastal Redevelopment
Project 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 33333.2(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 paragraphs (2) and (3)
of subdivision (a) of California Health and Safety Code Section 33333.2 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
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Ordinance No. 3793
(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 Southeast Coastal Redevelopment Project Area and the time limit for paying
indebtedness and receiving property taxes for the Southeast Coastal Redevelopment
Project Area.
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 33333.2(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 the
Southeast Coastal Redevelopment Project Area:
(A) Plan Effectiveness. The term of plan effectiveness for the Southeast
Coastal Redevelopment Project Area shall expire on June 17, 2033.
(B) Repayment of Indebtedness; Receipt of Property Taxes. Subject to the
provisions of paragraph (3) of subdivision (a) of Section 33333.2 of California Health
and Safety Code, no indebtedness shall be repaid from the division and allocation of
taxes to the Agency from the Southeast Coastal Redevelopment Project Area beyond
fifteen years from the date of termination of the effectiveness of the Redevelopment Plan
for the Southeast Coastal Redevelopment Project Area, or June 17, 2048.
Section 3. Application. The limitations established by this Ordinance may
only be amended in the manner required and to the extent permitted by law.
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.
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Ordinance No. 3793
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
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ATTEST: APPROVED AS TO FORM:
y Clerk /a ity Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
Director oiEcadomic Development /City Adm nistrator
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Ord. No. 3793
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.
AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy
NOES: None
ABSENT: None
ABSTAIN: None
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 November 29,2007.
In accordance with the City Charter of said City
JoaR L. Flynn, City Clerk Ciy Clerk and ex-officio berk
Deputy city Clerk of the City Council of the City
of Huntington Beach, California