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Home My WebLink AboutCITY ATTORNEY OPINION REGARDING REDEVELOPMENT AGENCY RESOLUT qg �u h HECITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Paul Cook From Connie Brockway City Administrator City Clerk Subject Redevelopment Agency Date January 16, 1990 Resolution No. 48 I am transmitting the attached material on Resolution No. 48 for your information. The City Attorney's office has replied that the minute action which requires 2/3 participation should be followed. As Resolution No. 48 is often referred to in RCA's presented for Council Action, should Resolution No. 48 be amended to reflect the 2/3 requirement or whatever requirement the present Council desires, as the minute action is liable to once again be lost. CC: City Council 0994K CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Connie Brockway From Gail Hutton City Clerk City Attorney Subject Redevelopment Agency Resol . 48 Date January 10, 1990 BACKGROUND Redevelopment Agency Resolution No. 48 requires that a DDA or OPA be approved by at least 60% of the property owners within the project site. Subsequently, the agency passed a motion by minute action to change the requirement of 60% for participation in a project area to two-thirds. ISSUE Does the minute action requiring approval by two-thirds of the owners supersede Resolution 48? CONCLUSION Yes . DISCUSSION The general rule is that resolutions and minute orders are of equal dignity and hold the same force and effect. (5 McQuillin, Municipal Corporations, §§ 15.02, 15 . 08) This rule has been adopted by the city in Charter Section 502, which states that the City Council may act by resolution or minute order in all actions not required by the Charter to be taken by ordinance. If the approval limit had been set by ordinance, it could only have been amended by ordinance. Since the limit was set by resolution, however, a minute order is legally sufficient to Chan e it . Gail Hutton City Attorney GH:sgpr > ez/ � � ` FCITYJ�B OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Gail Hutton, City Attorney From Connie Brockway, City Clerk Subject Redevelopment Agency Resolution No. 48 Date December 27, 1989 The city has been following Redevelopment Agency Resolution No. 48 adopted 9/7/82 which requires 60% participation. A motion made on 7/18/83 requiring two-thirds participation has come to my attention. Should Resolution No. 48 be repealed and a new resolution presented to council? Please let me know what you think. Connie P.S. I am also attaching 1/27/86 minutes which excludes a certain area of the Main-Pier Redevelopment Project from Resolution 48. I am attaching this just for your information as it also pertains to Resolution No. 48. 0994K ' Pape 4 - RedevelopmenAgency Minutes - 7/18/83 RESOLUTION NO 5286 - ADOPTED - CERTIFYING REVIEW OF NEGATIVE DECLARATION - MAIN-PIER REDEVELOPMENT PROJECT The City Clerk presented Resolution No. 5286 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CERTIFYING AS TO ITS REVIEW OF THE NEGATIVE DECLARATION WITH RESPECT TO THE REDEVELOPMENT PLAN AMENDMENT FOR THE MAIN-PIER REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS." On motion by MacAllister, second Kelly, Council adopted Resolution No. 5286 by the following roll call vote: AYES: Kelly, MacAllister, Bailey NOES : Finley ABSENT: Pattinson, Thomas (out of the room) , _Mandic (out of the room) ORDINANCE NO 2634 - INTRODUCTION APPROVED - ADOPTING A REDEVELOPMENT PLAN AMENDMENT FOR THE MAIN PIER REDEVELOPMENT PROJECT PLAN AMENDMENT NO. 1 AREA The City Clerk presented Ordinance No. 2634 for Council consideration - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND ADOPTING A REDEVELOPMENT PLAN AMENDMENT FOR THE MAIN PIER REDEVELOPMENT PROJECT PLAN AMENDMENT NO. 1 AREA AS THE OFFICIAL REDEVELOPMENT PLAN FOR SUCH PROJECT AREA". Discussion was held regarding the number of votes necessary for introduction of an ordinance. Acting City Attorney De La Loza and the City Clerk concurred that four votes were only necessary for adoption. On motion by Bailey, second Kelly, Council approved introduction of Ordinance No. 2634, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Bailey NOES: Finley ABSENT: Pattinson, Thomas (out of the room), Mandic (out of the room) .REQUIREMENT.REGARDING PARTICIPAT`ION `IN' PROJECT AREA CHANGED FROM 60% TO TWO-THIRDS A motion was Wade by Bailey, seconded by MacAllister, to change the requirement of the sixty per cent for participation in a project area to two-thirds. The motion carried by the following roll call vote: AYES: MacAllister, Finley, Bailey NOES: Kelly ABSENT: Pattinson, Thomas (out of the room) , Mandic (out of the room) i. SYSTEM OF RECORDING FINANCIAL PROGRESS OF REDEVELOPMENT PROJECTS - TO BE t F BROUGHT BACK IN SEPTEMBER Councilwoman/Director Finley thanked Robert Franz, Chief of Administrative Services, for the proposal for a system of recording financial progress of ;. .,redevelopment projects. , Page 3 - Redevelopment Agency Minutes_- 1/27/86 Iintegral portion of the total development as provided for in the Disposi- tion and Development Agreement be approved by the Agency by March 17, 1986. 5. Pier-Side Development Following fulfillment of paragraph 4, above, Agency may consider allowing the Pier-Side Development to proceed prior to the Hotel/Retail, subject to appropriate conditions acceptable to the Agency to insure complete development of the Hotel. 6. Entitlements That the entitlement plans for the Hotel/Retail and Pier-Side be filed in a completed form pursuant to the requirements of the City of Huntington Beach, Development Services Department by no later than May 1, 1986. The motion carried by the following roll call vote: AYES: MacAllister, Finley, Mandic, Bailey, Green NOES: None ABSENT: Kelly, Thomas MODIFICATION OF AGENCY RESOLUTION #48 The Deputy Clerk presented a communication from the Deputy City Administrator- Redevelopment transmitting Resolution No. 128 - "A RESOLUTION OF THE REDE- VELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ADOPTING PROCEDURES FOR APPROVING DEVELOPMENT PROPOSALS WITHIN THE MAIN-PIER REDEVELOPMENT PROJECT AREA," which supersedes the provisions of Resolution No. 48 relative to para- meters under which the Agency's powers of eminent domain will be utilized to acquire property for redevelopment purposes. A motion was made by MacAllister, seconded by Bailey, by Minute Action that the area bounded by Main Street, Walnut Avenue, Pacific Coast Highway and 2nd Street be excluded from Resolution---N.o. 48 -except for--that portion defined---in; the map as the northeast-"port"ion': Following discussion the motion carried by the following roll call vote: AYES: MacAllister, Finley, Mandic, Bailey NOES: Green ABSENT: Kelly, Thomas RESOLUTION NO. 48 �� t A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ADOPTING PROCEDURES FOR APPROVING DEVELOP- MENT PROPOSALS WITHIN THE MAIN-PIER REDEVELOPMENT PROJECT AREA t��r WHEREAS , the Redevelopment Agency of the City of Huntington Beach has prepared a proposed Redevelopment Plan for the Main-Pier Redevelopment Project Area; and WHEREAS , with the adoption of said Redevelopment Plan by the City Council of the City of Huntington Beach, the Redevelopment Agency wishes to insure meaningful owner participation in the identification, evalua- tion, selection and implementation of specific development proposals which may occur within the Project Area, NOW, THEREFORE, the Redevelopment Agency of the City of Huntington Beach does resolve as follows : Section 1. The Redevelopment Agency of the City of Huntington Beach will solicit the participation of existing property owners within the Main-Pier Project Area in the redevelopment program as required under the previously adopted Owner Participation and Re-Entry Rules . Section 2 . The Redevelopment Agency, in consultation with partici- pating property owners , will identify and pursue specific development proposals for sites within the Main-Pier Redevelopment Project Area. Section 3 . Upon formulating a specific development proposal for a site within the Main-Pier Redevelopment Project Area, the Redevelopment Agency -Jill submit said development proposal to the owners of property ::ithi., said site for their consideration and approval. Before the Re- development Agency can execute a disposition and development agreement, or owner participation agreement, or both, to implement a development proposal, within the site which would require acquisition of property by the use of eminent domain, the development proposal must be approved by sixty porcent (600) of the owners of property within the site, by number of owners , and at least sixty percent (600) of the owners , by land area, excluding public rights-of-way within said site. Section 4. For the purpose of implementing Section 4 of this Reso- lution, the Redevelopment Agency shall utilize the map which is attached ; ry hereto as Exhibit "A" for determining the land holdings of each individual owner and the number of owners which will be eligible to vote on any specific developmes proposal. Land holdings& an individual property owner • within a site being considered as part of a development proposal will be 11 aggregated to one total amount of area representing one vote for said property owner. j Section 5. With the adoption of this Resolution, the Chief Executive officer is authorized to develop administrative procedures to implement the owner approval process as outlined above , and is also authorized to amend the ownership map as ownership changes occur. APPROVED AND ADOPTED this 7th day of September 1902 . ATTEST: - Secretary Chairman APPROVED AS TO FORM: INITIATED AND APPROVED AS TO CONTENT : Lega Counse Director, Business 9 In ust-ria Enterprise APPROVED: APPROVED AS TO FORM AND CONTENT: STRADLING, YOCCA, . CARLSON & RAUTH A ell Chief Executive ff cer BY: TOM CLARK Speical Redevelopment Counsel Page 1 of 2 r.� EXHIBIT „A„ MAIN-PIER REDEVELOPMENT PROJECT LAND HOLDINGS AND OWNERSHIP PATTERNS v ro a E m 0 v I•_-ice► r-� 1 1 I b--L--� 1 CJ / T�/ lr?2 1 1 A i //� 2 1 il2 �131 1 J ! / ►n I r 1 1� ` io C�j c l N I C O1� C Sr�ter � a o 3 C) o m Lai N D rn V �-T I 1' Z— 1 *'__T S.^__ I P ai E 0 C t E c a� 1 -0E� 3F t• s o > c 1 ��. gl I I 1' + v c aj-acmaiw ^o 3 Y r ro v o c c a >, (e— I�'!•;1:(+7 j I. YJ 1 s- o �o ro o ai 'c�o roco m•s ,.. 1 -- �--� _.u.��z x z o rs u i+ _c 1.Z Ls;3t..11.1"r (i _.5 19 A '7 T;7,v rT/y?�''..� - r OI ,aH 13381S. ONE i j( ° o v m -._ 1 urnca�Lvrom C LwO wO.V++x �n1jCU ! O_1j .' +_ 1.1 L• li,l I !j ,0aM:L!, u�w 1(CO Lroou roN o h � i>� X. >Ymv j-77 `O1 �I c,7 `6' j'ri rl I 1 ' ; 1(C%j Iro a 1 0 m d" ;� 133N1S NlC'ly � �•'- __J �29 134 ' 135 5 I Worthy, Norm 21 I 1 ` 1 1 136 i 1 Westmoreland, Clyde C. 22 - t22---r 2d IN i j 137 c I %;• . Energy Development-Corporation 23 tt�— —7=---{ Conley, John 24, 123 3 /6 1 i ;5 9 1 s r 3A e I Shupe, Margaret E. 25 � L_._ i 1 L 32 ------I Omohundro, Stuart W. et al 26 r Cracchiolo, Frank 27 — 3,I"" 2 j � 2i�j j1 730 i31 5, al• 'F3 / D 70. Wood, Blanche A. et al 28 1 'Y I 128 A 1 I 1 1 i Terry,Robert 29 1 t 1 I i P 1 I 1 i + —� Ba stall, Eldon W. 30 13 I 1 16 I I 1 I 12 = 1 hJ 1 ;! 12 132 14 = I, 9 1� �' I 1 I 1 I — Gosney, Jack L. 31 I j r' j 1 j, 1 .� j i Abdelmuti, Admad Hamed 32 Baxter, Anra L. 33 Lindley, Mary B. Terry, C. Victor 34 Mase, Ronald A. 35 --------------------------------— -------------------+--- Draper, Eleanor J. 36 40 �� Wilson, Thcmas E. 37 II 1 Main Street Saloon (Gary Mulligan) 38 1 Watkins, Homer 39 To mean To mean tide City of Huntington Beach 40 . tide line line and outer limits of pier -c d m " A e. Res. No. 48 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF HUNTINGTON BEACH) I , ALICIA M. WENTWORTH, Secretary of the Redevelopment Agency of the City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a meeting of said Redevelopment Agency held on the 7th day of September 1982 , and that it was so adopted by the following vote: AYES: Members: Thomas , MacAllister, Mandic, Finley, Bailey, Kelly NOES: Members: None ABSENT: Members : Pattinson Secretary of the Redevelopment Agency of the City of Huntington Beach, Ca. i