HomeMy WebLinkAboutOrdinance #3796 ORDINANCE NO. 3796
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 1096.
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. 3796
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
Huntington Center Commercial District Area were all adopted on of before December 31,
1993; and
WHEREAS, the Redevelopment Plan contains a time limit for 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. Each of the time limits is more than 10 years but less than 20
years from June 30, 2005; and
WHEREAS, 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 1096, making
various amendments to the Community Redevelopment Law (Health and Safety Code
Section 33000 et seq.); and
WHEREAS, Health and Safety Code Sections 33333.6(e)(2)(D) and
33333.6(e)(3), as added by SB 1096, provide that when an agency is required pursuant to
Health and Safety Code Section 33681.12 to make the payment to the county auditor for
deposit in the county's Educational Revenue Augmentation Fund, the legislative body of
the agency may amend, by ordinance, the redevelopment plan to extend the time limits
required pursuant to paragraphs (2) and (3) of subdivision (a) of Health and Safety Code
Section 33333.6 by one year as set forth in Health and Safety Code Sections
33333.6(e)(2)(D) and 33333.6(e)(3). In adopting the ordinance, neither the legislative
body nor the agency is required to comply with Health and Safety Code Section 33354.6,
Article 12 (commencing with Health and Safety Code Section 33450), or any other
provision of the Community Redevelopment Law relating to the amendment of
redevelopment plans; and
WHEREAS, the Agency is required to make a payment pursuant to Health and
Safety Code Section 33681.12 for the fiscal years 2004-2005 and 2005-2006; and
WHEREAS, funds used to make a payment to the county's Educational Revenue
Augmentation Fund pursuant to Community Redevelopment Law Section 33681.12
would otherwise have been used to pay the costs of projects and activities necessary to
carry out the goals and objectives of the Redevelopment Plan; and
WHEREAS, with respect to the Project Area, the Agency is in compliance with
the requirements of Community Redevelopment Law Section 33334.2 or 33334.6, as
applicable; and
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Ordinance No. 3796
WHEREAS, with respect to the Project Area, the Agency has adopted an
implementation plan in accordance with the requirements of Community Redevelopment
Law Section 33490; and
WHEREAS, with respect to the Project Area, the Agency is in compliance with
subdivisions (a) and (b) of Section 33413 of the Community Redevelopment Law, to the
extent applicable; and
WHEREAS, with respect to the Project Area, the Agency is not subject to
sanctions pursuant to subdivision (e) of Section 33334.12 of the Community
Redevelopment Law for failure to expend, encumber, or disburse an excess surplus; and
WHEREAS, the Agency and the City Council desire to extend by two years 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; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have
occurred.
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby finds and determines that all of the
foregoing recitals are true and correct.
SECTION 2. The City Council hereby finds and determines, with respect to the
Project Area, all of the following:
a. Funds used to make the payment to the county's Educational
Revenue Augmentation Fund pursuant to Community Redevelopment Law Section
33681.12 for the fiscal years 2004-2005 and 2005-2006 would otherwise have been used
to pay the costs of projects and activities necessary to carry out the goals and objectives
of the Redevelopment Plan.
b. The Agency is in compliance with the requirements of Community
Redevelopment Law Section 33334.2 or 33334.6, as applicable.
C. The Agency has adopted an implementation plan in accordance
with the requirements of Community Redevelopment Law Section 33490.
d. The Agency is in compliance with subdivisions (a) and (b) of
Section 33413 of the Community Redevelopment Law,to the extent applicable.
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Ordinance No.3796
e. The Agency is not subject to sanctions pursuant to subdivision (e)
of Section 33334.12 of the Community Redevelopment Law for failure to expend,
encumber, or disburse an excess surplus.
SECTION 3. Amendment of Time Limits. In accordance with Health and
Safety Code Sections 33333.6(e)(2)(D) and 33333.6(e)(3), 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:
A. Yorktown-Lake Area.
(1) Plan Effectiveness. The term of plan effectiveness for
the Yorktown-Lake Area shall expire on September 20, 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 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, 2035.
B. Talbert-Beach Area.
(1) Plan Effectiveness. The term of plan effectiveness for
the Talbert-Beach Area shall expire on September 20, 2025.
(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, 2035.
C. Original Main-Pier Area.
(1) Plan Effectiveness. The term of plan effectiveness for
the Original Main-Pier Area shall expire on September 20, 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 Original Main-
Pier Area beyond ten years from the date of termination of the
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Ordinance No. 3796
effectiveness of the original Redevelopment Plan for the Original Main-
Pier Area, or September 20, 2035.
D. Added Main-Pier Area.
(1) Plan Effecti veness. The term of plan effectiveness for
the Added Main-Pier Area shall expire on September 6, 2026.
(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, 2036.
E. Oakview Area.
(1) Plan Effectiveness. The term of plan effectiveness for
the Oakview Area shall expire on November 1, 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 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, 2035.
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, 2027.
(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, 2037.
SECTION 4. Application. The limitations established by this Ordinance may
only be amended in the manner required and to the extent permitted by law.
SECTION 5. 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
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Ordinance No.3796
published in a newspaper of general circulation, published and circulated in the City of
Huntington Beach.
SECTION 6. 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 7. Effective Date. This Ordinance shall be in full force and effect
thirty (30) days after the second reading.
PASSED, APPROVED,AND ADOPTED this 7th day of January, 2008
THE CITY OF HUNTINGTON BEACH
Mayor
ATTEST: APPROVED AS TO FORM:
Q6.,M)
CV Clerk hityttorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
Director of conom' elopment City Adnfmistrator
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Ord. No. 3796
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 December 17, 2007, and was again read to said City Council at a
regular meeting thereof held on January 7, 2008, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, Carchio
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 January 17,2008.
In accordance with the City Charter of said City '
Joan L. Flynn City Clerk CfW Clerk and ex-officio rehlierk
L Deputy Cites of the City Council of the City
of Huntington Beach, California