HomeMy WebLinkAboutAdopt Ordinance No. 3804 Amending Chapter 3.06 of the Huntin Huntington Beach Independent has been adjudged a newspaper of general
circulation in Huntington Beach and Orange County by Decree of the Superior
Court of Orange County,State of California,under date of Aug.24, 1994,case
A50479.
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PUBLICATION
CITY OF
HUNTINGTON BEACH
LEGAL NOTICE
STATE OF CALIFORNIA ) ODINANCINO.3804'
Adopted by the City Council
) SS. on MAY 19,2008
®1J1�1T Il ®� ORANGE
"E BEACH,.
OF
THE BEAC ,. HUNTING
TON ACH„AMENDING
.SECTION 3,06.010 OF
THE HUNTINGTON
am the Citizen of the United States and a BEACH .RELATING
rPG -TT OO
CODE RELLATIN
resident of the County aforesaid, I am over SURPLUS ,REAL, PROP-
SYNOPSIS-
the age of eighteen ears, and not a part sYN E A6;
g g y party THE ADDITION TO
to or interested in-the-below entitled matter. CHAPTER L' PROPERTY,
RTY,PLUS REAL PROPERTY,
am a principal clerk of the HUNTINGTON ,OF THE MU TINGTOUNICIPAN
BEACHBEACH INDEPENDENT, a newspaper of THEE SA�ELS, EMPOWERS,
circulation, printed and published in RASP ND LEAS S OF
the Cit of Huntinr�ton Beach, Count of PUBLIC AGENCY.
y y y THE BRIDGE ON
EDINGER AVENUE 'AT
Orange, State of California, and the THE WEST CITY;LIMITS
attached Notice is a true and complete co WAS -CONSTRUCTED
p copy AND IS OWNED BY THE
OF
as was printed and published on the THE-COUNTY
EASEMENTRATHAT
following date(s). ONE SRIDGE OWNEDLBYATHE
CITY: OF..HUNTINGTON
BEACH AND WILL RE-
QUIRE 'TRANSFER TO
THE COUNTY SO THEY
CAN OBTAIN FUNDING,.'
CONSTRUCT AND PER-
FORM MAINTENANCE.AS
PART OF;THE COUNTY'S
ROAD SYSTEM.
. PASSE'D .AWD
ADOPTED by the City
May 29, 2008 Council of the,City of
Huntington Beach 'at a
regular. meeting ,held
May>19„ 2008 by the
following roll call vote:
AYES: Hansen, Hardy,
',Cook; Coerpee, Green,
.Carchio
NOES:None,
:-
ABSTAIN:None
ABSENT:Bohr
THE FULL TEXT.OF THE
I declare, under penalty of perjury, that the ORDINANCE IS AVAIL-
7 IN
foregoing is true and correct. c ERK'SOFFI EE CITY,
This ordinance is effec-
tive 36 days after
adoption.
CITY OF'
Executed on June 2, 2008 HUNTINGTON BEACH
HUNTINGTON BEACH,
at Huntington Beach, California CA92648
714-S36=S227,
JOAN-L.FLYNN,
CITY CLERK. .
Published' Huntington.;
Beach Independent May'
29,2008 055-7261
Signat re
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Approve for Introduction an Ordinance Amending
Chapter 3.06 of Huntington Beach Municipal Code
COUNCIL MEETING DATE: May 5, 2008
RCA;ATTACHM NTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable
Bonds (If applicable) Attached ❑
Not Applicable
Staff Report (If applicable) Attached ❑
Not Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached . ❑
Not Applicable
'EXPLANATION FORM iSSING ., -.ATTACHMENTS
R'EVIEWE RETURNED FOR ED'
Administrative Staff ( )
Deputy City Administrator(Initial) ( ) ( )
City Administrator (Initial) ( ) ( )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
(6q Sp
RCA Author: T. Elliott:jg
"fMOV4;Z FOX- A)77L9.1)ct-C,7?6A)
Council/Agency Meeting Held: -s D
Deferred/Continued to:
'�LAp royd C, ditionally A proved ❑ Denied City le ignatury
/ r
Council Meeting Date: 5/5/2008 Department ID Number: PW 08-24
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB
SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATOR
�
PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR OF UY� BLIC WORK
STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC DEVELOPMEN7401
SUBJECT: Approve Ordinance Amending Chapter 3.06 of Huntington Beach
Municipal Code
Statement of Issue,Funding Source, Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s)
Statement of Issue: An addition to Chapter 3.06.010, Surplus Real Property, of the
Huntington Beach Municipal Code is proposed to empower the sales, conveyances, and
leases of real property to a public agency.
Funding Source: No funding is required for this action.
Recommended Action: Motion to:
1. Introduce Ordinance No. 3804 An Ordinance of the City Amending Section
3.06.010 of the Huntington Beach Municipal Code Relating to Surplus Real Property;
and
2. Authorize the City Engineer to execute all necessary documents to affect the transfer of
the City's interest in the Edinger Bridge Easement to the County of Orange upon the
effective date of the ordinance.
Alternative Action(s): Do not approve introduction of ordinance and direct staff as to how
to proceed differently.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 5/5/2008 DEPARTMENT ID NUMBER: PW 08-24
Analysis: Chapter 3.06.010 of the Huntington Beach Municipal Code (Code) provides for
the disposition of surplus real property belonging to the City of Huntington Beach. The
addition of Subsection (f) to 3.06.010 Disposition of surplus real property, allows for the
"Sales, conveyances, and leases of real property to a public agency empowered to acquire
and own real property must comply with Article 8 and 8.5 of Chapter 5 of Part 1 of Division 2
of Title 5 (commencing with section 54220) of the California Government Code when such
statutes are applicable, but are otherwise exempt from the provisions of this section."
The bridge on Edinger Avenue at the west city limits was constructed and is owned by the
County of Orange (County). The easement that the bridge is located on is owned by the City
of Huntington Beach and will require transfer to the County so they can obtain funding,
construct and perform maintenance as part of the County's road system.
Public Works Commission Action: Not required.
Strategic Plan Goal: 1-1: Improve the City's plan for funding and completing infrastructure
needs, and develop strategies for resolving crucial infrastructure problems to preserve the
physical foundation of the community and enable the community's value to grow.
Environmental Status: Not required.
Attachment(s):
e -
1. Ordinance No. 3804 An Ordinance of the City Amending
Section 3.06.010 of the Huntington Beach Municipal Code
Relating to Surplus Real Property
2. Le islative Draft
-2- 4/21/2008 7:45 AM
ATTACHMENT # 1
ORDINANCE NO. 3804
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTION 3.06.010 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO SURPLUS REAL PROPERTY
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION I. Section 3.06.010 of the Huntington Beach Municipal Code is hereby
amended to add subparagraph(f) as follows:
3.06.010(f) Sales, conveyances, and leases of real property to a public agency
empowered to acquire and own real property must comply with Article 8 and 8.5 of Chapter 5 of
Part 1 of Division 2 of Title 5 (commencing with section 54220) of the California Government
Code when such statutes are applicable,but are otherwise exempt from the provisions of this
Section.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19th day of May , 2008.
..A
Mayor
ATTEST: JF
APPROVED AS TO FORM:
JJW40
City Clerk City Attorney
REVIEW A PROVED: INITIATED AND APPROVED:
4
City Administr r Director o ublic Works
07-945/119469
Ors . No. 3804
STATE OF CALIFORNIA )
COUNTY OF ®RANGE ) ss:
CITE'OF HUNTINGTON BEACH j
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 May 5, 2008, and was again read to said City Council at a
regular meeting thereof held on May 19,2008, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AWES: Hansen, Hardy, Cook, Coerper, Green, Carchio
NOES: None
ABSENT: Bohr
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 May 29,2008.
In accordance with the City Charter of said City
Joan L. Flynn,City Clerk ity Clerk and ex-office Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTAC H M E N T #2
Ordinance No. 3804
LEGISLATIVE DRAFT
Chapter 3.06
SURPLUS REAL PROPERTY
(2262-3178,2380-7/79,2500-8/81,2636-9/83,2986-3/89)
Sections:
3.06.010 Disposition of surplus real property
3.06.020 Retention of mineral rights
3.06.010 Disposition of surplus real property.
(a) The City Administrator shall inform the Council when real property belonging to the city is
surplus to the needs of the city and recommend to the Council that a resolution be adopted
directing the disposition of such surplus real property.
(b) Resolutions directing the disposition of surplus real property shall declare that the public
interest and necessity require the disposition of surplus real property, and shall direct that the
surplus real property be disposed of by sale or exchange and shall specify the procedures to be
followed in each case. Sales may be made for all cash or on terms. The resolution shall
provide that independent appraisals be obtained to establish fair market value of properties
being disposed of except in circumstances where the value of the surplus real properties does
not justify the expense of the appraisal. Fair market value is the amount that would in all
probability have been arrived at between owner willing to sell and purchaser willing to buy.
The fair market value appraisal shall have added to it all of city's costs of preparing land for
sale including appraisal fees. The resolution shall contain a statement as to how and in what
manner the city acquired the property.
(c) Dispositions of surplus real properties shall be in accordance with the provisions of Articles 8
and 8.5 of Chapter 5 of Part 1 of Division 2 of Title 5 (commencing with section 54220)of
the California Government Code when such statutes are applicable and may be made for cash
or upon such.terms as.the Council in its resolution shall direct. When the Council determines
that disposition of surplus real property to the owner of the real property adjacent or
contiguous to the surplus real property is in the public interest,then,the surplus real property
shall first be offered to such property owner on such terms as the Council shall deem just. No
surplus real property shall be disposed of in violation of any land use regulation of the city,
and insofar as possible dispositions shall be made to implement and further such regulations.
No surplus real property shall be transferred or sold which in itself, as a separate parcel, may
not be developed in accordance with provisions of the state Map Act and the subdivision and
other applicable ordinances of the city unless such surplus real property is transferred or
offered for sale to an adjacent property owner. In the event more than one property owner,
adjacent to said surplus real property, desires to acquire ownership of said surplus real
property,then the city shall decide the manner in which to divide said surplus real property for
transferor sale to said adjacent property owners.
(d) The City Council, by resolution, shall declare when it is in the best interest of the city to
exchange city-owned surplus real property.for other real property. (2262-3/78,2380-7/79,
2500-8/81)
(e) Sales,conveyances, and leases of real property to the.Redevelopment Agency.of_the City of
Huntingotn Beach for a redevelopment project shall be exempt from the provisions of this
section. (2986-3/89)
19765 1
(f) Sales, conveyances, and leases of real property to a public agency empowered to
acquire and own real property must comply with Article 8 and 8.5 of Chapter 5 of
Part 1 of Division 2 of Title 5 (commencing with section 54220) of the California
Government Code when such statutes are applicable, but are otherwise exempt
from the provisions of this Section.
3.06.020 Retention of mineral rights. In all instances where the city disposes of surplus real
property when the city owns the mineral rights,the instrument of conveyance shall contain the
following reservation, retaining for the city such rights:
"EXCEPTING therefrom all oil, gas and other hydrocarbon substances and minerals lying
below a depth of 500 feet from the surface of said land, but without the right of surface entry
at any time upon said land or within the top 500 feet thereof, for the purpose of exploiting,
developing,producing, removing and marketing said substances." (2636-9/83)
19765 2