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HomeMy WebLinkAboutPublic Hearing to Approve for Introduction Ordinance No. 379 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. PROOF OF PUBLICATION STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE am the Citizen of the United States and a I -- - -- -� CITYOF MINTING!ON f resident of the County aforesaid; I am over aF�ACN DEAouNE, REPAYMENT by the C yDCoDOPl of OF INDEBTEDNESS Y the age of eighteen years' and not a party LEGAL NOTICE DEADLINE AND,TAX IN- the City of Huntington CREMENT., RECEIPT Beach- at, a 'regular to or interested in the below entitled matter. ORDINANCEN0:3796 DEADLINE PURSUANT, meeting-held'January,7, Adopted byille City C0111d TOSB1096"': 2008 by the following am a principal clerk of the HUNTINGTON onJANUARY1;20p SYNOPSIS: roll call vote:. .. AS'A.COMPONENT OF AYES: 'Hansen, Hardy, 'AN ORDINANCE OF THE-THE FY 2004-2005 Bohr; Cook', Coe_rper, BEACH INDEPENDENT, a newspaper of CITY COUNCIL .OF THE STATE BUDGET, THE Green,Carchio general circulation printed and published In CITY, , HUNTINGTONLEGISLATURE ADOPTED ABSTNOESAIN: BEACH, CALIFORNIA,. ACIFONIA, SB 1096;; WHICH RE- ABSTAIN:None, AMENDING THE REDE-'QUIRED EVERY REDE- ABSENT:None the City of Huntington Beach, County of VELOPMENT PLAN'FOR VELOPMENT AGENCY TO THE FULL TEXT OF THE; THE "H U N T I N G T 0 N i MAKE A PAYMENT TO .ORDINANCE IS AVAIL-1 Orange, State of California, and the BEACH PROJECT (OR,1THE EDUCATIONAL REV- ABLE IN THE CITY1 ALSO. KNOWN A S ENUE AUGMENTATION CLERK'S OFFICE.`. attached Notice is a true and complete copy MERGED' PROJECT)'FUND "ERAF")FOR THE This ordinance is effec y AREA:EXTENDING THE:2004-5 AND 2005-06 tive 30 days afteci as was printed and publish led on the PLAN Y EFFECTIVENESS FISCAL YEARS.-UNDER adoption. following date(s). CERTAIN '-CI'R:CUM CITYOF HUNTINGTON'. STANCES, 'AGENCIES BEACH R . . . ., THAT PAID'ARE.PERMIT= 2000 MAIN STREET TED.-TO AMEND THEIR HUNTINGTON BEACH, PLANS TO EXTEND \ CA92648 . �j BOTH >THE TIME'.LIMIT 714-536-5227 ON.THE EFFECTIVENESS JO'AN L.FLYNN,CITY OF.;THE PLAN AND THE -. CLERK-. _:__ _ DATES-FOR ,DEBT RE- -PAYMENT AND RECEIPT OF TAX INCREMENT. BY ADOPTING 'THIS, ORDI- s FEBRUARY 1 4, 2 0 0 8 NANCE, THE HUNTING- TON BEACH REDEVEL- OPMENT. PLAN IS AMENDED ;TO EXTEND THESE LIMITATIONS:, declare, under penalty of perjury, that the foregoing is true and correct. Executed on FEBRUARY 1 4, 2 0 0 8 at Huntington Beach, California Signature __---.---__--- 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 07-1222/14433 4 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,,eness. 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.E 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 07-1222/14433 5 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 14 Mayor ATTEST: APPROVED AS TO FORM: q0a.9t) ��Pj &&-1 C Clerk ity Attorney 0 04 10 W." •a -4-- REVIEWED AND APPROVED: INITIATED AND APPROVED: � c �_` Director of conom' elopment City Adnimistrator 07-1222/14433 6 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 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 January 17,2008. In accordance with the City Charter of said City Joan L. Flynn,City Clerk CU Clerk and ex-officio Merk Deputy City Clerk of the City Council of the City of Huntington Beach, California TTACHMENT #2 Mail List for Public Hearing, 12/17/2007 Ordinance per SB 1096 Agency Address City, State,Zi code Coast Community College District 1370 Adams Ave Costa Mesa, CA 92626 Oceanview Elementary School District 17200 Pinehurst Lane Huntington Beach, CA 92647 Huntington Beach Union High School District 5832 Bolsa Ave Huntington Beach, CA 92649-1115 HB Elementary School District(General Fund) 20451 Craimer Lane Huntington Beach, CA 92646 Westminster Elementary School District 14121 Cedarwood St Westminster, CA 92683-4437 Orange County Department of Education P.O. Box 9050 Costa Mesa, CA 92628-9050 OC Agencies (OC General Fund, Flood Control District, Harbors Beaches & Parks) P.O. Box 567 Santa Ana, CA 92702 Orange County Sanitation District P.O. Box 8127 Fountain Valley, CA 92728-8127 Orange County Transportation Authority 550 S. Main Orange, CA 92868 Orange County Vector Conrol 13001 Garden Grove Blvd. Garden Grove, CA 92843 Orange County Water District P.O. Box 8300 Fountain Valley, CA 92728-8300 Metropolitan Water District PO Box 54153 Los Angeles, CA 90054-0153 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. PROOF OF ]PUBLICATION STATE . OF CALIFORTNTA ) W� COUNTY OF ORANGE am the Citizen of the United States and a CITY OF HUNTINGTON BEACH resident of the County aforesaid; I am over LEGAL NOTICE ORDINANCE NO.3196 Adopted by the City Council on DECEMBER 3,2007 the age of eighteen years, and not a party "AN ORDINANCE OF THE CITY COUNCIL OF THECITY OF HUNTINGTON BEACH, CALIFORNIA, AMENDING to or Interested In the below entitled matter. THE REDEVELOPMENT PLAN FOR THE HUNTINGTON BEACH MERGED am a principal clerk of the HUNTINGTON PROD CT)ROJECT AREA EXTTENDING THEOR ALSOOWN PLANAEFFECTIVE- NESS REPAYMENT OF INDEBTEDNESS BcACH INDEPENDENT, a newspaper of DEADLINEAAND TAX INCREMENT RECEIPT DEADLINE PURSUANT TO SB 10%" general circulation, printed and published in SYNOPSIS: AS A COMPONENT OF THE FY 2004-2005 1STATE the City of Huntington Beach, County of BUDGET, THE LEGISLATURE ADOPTED SB 10%, WHICH REQUIRED EVERY REDEVELOPMENT AGENCY Orange, State of California, and the TO MAKE A PAYMENT TO THE EDUCATIONAL REVENUE AUGMENTATION FUND("ERAF") FOR THE attached Notice is a true and complete copy 2004-05 AND 2005-06 FISCAL YEARS. UNDER CER- TAIN CIRCUMSTANCES, AGENCIES THAT PAID ARE as was printed and published on the PERMITTED TO AMEND THEIR PLANS TO EXTEND BOTH THE TIME LIMIT ON THE EFFECTIVENESS OF foilowing date(s): THE PLAN AND THE DATES FOR DEBT REPAYMENT AND RECEIPT OF TAX INCREMENT. BY ADOPTING THIS ORDINANCE, THE HUNTINGTON BEACH RE- DEVELOPMENT PLAN IS AMENDED TO EXTEND THESE LIMITATIONS. -- - PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held January_7,2008'by the following roll call vote: AYES: Hansen, Hardy; Bohr,.Cook, Coerper, Green, JANUARY 1 7, 2 0 0 8 NOES None -- — ABSTAIN:None ABSENT:None THE FUU.-,TEXT OF THE ORDINANCE IS AVAILABLE IN THE CITY CLERK'S OFFICE. This ardbuince Is effective 30 days after adoption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET 'HUNTINGTON BEACH,CA 92648 ' 714-536-5227 -JOAN L.FLYNN,-CITY CLERK Published Huntington Beach Independent January 17,2007 013-253 1 declare, under penalty of perjury, that the foregoing is true and correct. Executed on JANUARY 1 7, 2008 at Huntington Beach, California S Signature UA)?--C� Council/Agency Meeting Held: / / D Deferred/Continued to: z ZZO-f Approve ❑ Conditionally Approved ❑ Denied City rk's gnatur Council Meeting Date: 12/17/2007 Department Number: ED 07-47 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and Member of the City Council SUBMITTED BY: P elope ulbreth-Grp aft, DPA, Ci y Administrator PREPARED BY: Stanley Smalewitz, Director of Economic Development SUBJECT: Adopt Ordinance to Amend the Huntington Beach Redevelopment Plan, Extending the Plan Effectiveness Deadline, Payment of Indebtedness Deadline and Tax Increment Receipt Pursuant to SB 1096. Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: As a component of the FY 2004-2005 State budget, the Legislature adopted SB 1096, which required every redevelopment agency to make a payment to the Educational Revenue Augmentation Fund ("ERAF") for the 2004-05 and 2005-06 fiscal years. Under certain circumstances, agencies that paid are permitted to amend their plans to extend both the time limit on the effectiveness of the plan and the dates for debt repayment and receipt of tax increment. By adopting this ordinance, the Huntington Beach Redevelopment Plan is amended to extend these limitations. Funding Source: Not Applicable Recommended Action: Motion to: Adopt Ordinance l796 amending the Redevelopment Plan for the Huntington Beach Project (or also known as' Merged Project) Area extending the Plan effectiveness deadline, and the dates for debt repayment and receipt of tax increment. Alternative Action(s): Do not approve the ordinance. As a result, time limitations will remain in place. Analysis: On November 5, 2007, City Council adopted Ordinance 3792 amending the Merged Project Area plan effectiveness date as the Redevelopment Agency made a payment to the Educational Revenue Augmentation Fund ("ERAF") for the 2003-04 fiscal year. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/17/2007 DEPARTMENT ID NUMBER: ED 07-47 In addition to that extension, as a component of the FY 2004-2005 State budget, the Legislature adopted SB 1096, which required every redevelopment agency to make additional ERAF payments for the 2004-05 and 2005-06 fiscal years. Pursuant to SB 1096, agencies that paid are permitted to extend, by one year, the time limit on the effectiveness of the plan and the time limit on the receipt of tax increment funds. The Huntington Beach Redevelopment Agency made an ERAF payment of $612,862 for 2004-2005 and $821,514 for 2005-06. As such, the City Council is authorized to extend these limitations with the making of these certain findings: 1. Funds used to make the ERAF payment would otherwise have been used to pay the costs of projects and activities; 2. The Agency is in compliance with statutory housing fund requirements; 3. The Agency has adopted a five-year implementation plan; 4. The Agency is in compliance with applicable inclusionary and replacement housing production requirements; and 5. The Agency is not subject to sanctions for a housing fund excess surplus (meaning that the Agency is in compliance with its expenditure requirements according to California Redevelopment Law). The public notice of the hearing must be mailed to the affected taxing entities at least 30 days prior to the hearing and must be published in a local newspaper at least 10 days prior to the hearing. A mailing list of affected taxing entities is shown in Attachment 2. A public notice regarding the public hearing was published in the Huntington Beach Independent on December 6, 2007. Upon adoption of this ordinance, the Merged Project Area of plan effectiveness dates and debt repayment limitation dates will be changed to: Plan Debt Plan Debt Sub-Area Effectiveness Repayment Effectiveness Repayment incl.SB1045 incl.SB1045 incl.SB1096 incl.SB1096 Yorktown Lake 9/20/2023 9/20/2033 9/20/2025 9/20/2035 Talbert-Beach 9/20/2023 9/20/2033 9/20/2025 9/20/2035 Original Main Pier 9/20/2023 9/20/2033 9/20/2025 9/20/2035 Oakview 11/1/2023 11/1/2033 11/1/2025 11/1/2035 Added Main Pier 9/6/2024 9/6/2034 9/6/2026 9/6/2036 Huntington Center 11/26/2025 11/26/2035 11/26/2027 11/26/2037 Strategic Plan Goal: Financial — Create long-term financial strategies for funding the backlog of capital projects and maintenance requirements, and ensuring sufficient reserves to withstand major revenue fluctuations in order to endure continuation of city services during economic downturns. -2- 11/13/2007 8:21 AM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/17/2007 DEPARTMENT ID NUMBER: ED 07-47 Environmental Status: Not Applicable Attachment(s): IT - 1. Ordinance 3796 to amend the Huntington Beach Redevelopment Plan, extending the Plan effectiveness deadline, and the dates for debt repayment and receipt of tax increment pursuant to SB 1096. 2. Mailing list of taxing entities. -3- 12/4/2007 9:05 AM ATT ACHMENT # 1 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 07-1222/14433 1 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 07-1222/14433 2 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 3341') of the Community Redevelopment Law, to the extent applicable. 07-1222/14433 3 CAROUTING SHEET INITIATING DEPARTMENT: Economic Development SUBJECT: Adopt Ordinance to amend the Huntington Beach Redevelopment Plan Pursuant to SIB 1096 COUNCIL MEETING DATE: December 17, 2007 RCA.ATUC E T 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 Attorne ) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorne ) 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) Attt A edNopucable El Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNS® f0kWARDED` Administrative Staff ( ) ( ) Deputy City Administrator Initial City Administrator Initial City Clerk ( ) EXPLANATION FOIE RETURN OF ITEM:'' • • • RCA Author: Runzel CITY OF HUNTINGTON BEACH NOTICE OF A PUBLIC HEARING TO APPROVE AN ORDINANCE TO AMEND THE HUNTINGTON BEACH REDEVELOPMENT PLAN, EXTENDING THE PLAN EFFECTIVENESS DEADLINE,PAYMENT OF INDEBTEDNESS DEADLINE AND TAX INCREMENT RECEIPT PURSUANT TO SB 1096. NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a ublic hearing on Monday, December 17, 2007, at 6:00 p.m. or soon thereafter in the City Council Chambers located at 2000 Main Street, Huntington Beach, California,to approve an Ordinance for the Huntington Beach Redevelopment Project(Merged Project Area). The purpose of the Ordinance is to extend both the time limit on the effectiveness of the plan and the dates for debt repayment and receipt of tax increment provided for by SB 1096 as the Redevelopment Agency made payments to the Educational Revenue Augmentation Fund ("ERAF") in fiscal years 2004-05 and 2005-06. If approved, the new dates shall be as follows: Plan Debt Huntington Beach Project Effectiveness Repayment Sub-Areas: (ind.SB1096) (ind.SB1096) Yorktown Lake 9/20/2025 9/20/2035 Talbert-Beach 9/20/2025 9/20/2035 Original Main Pier 9/20/2025 9/20/2035 Oakview 11/1/2025 11/1/2035 Added Main Pier 9/6/2026 9/6/2036 Huntington Center 11/26/2027 11/26/2037 ALL INTERESTED PERSONS are invited to attend the hearing and express their opinions regarding the extension of these time limitations. Direct your written comments to the City Clerk prior to the date and time set for the hearing. For further information, call the Department of Economic Development at (714) 536-5224. Joan Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 Publication Date: December 6, 2007 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. PIROOF OF PUBLICATION STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) I am the Citizen of the United States and a f CITY NOTICE;OF A PUBLIC HEARING TO APPROVE OF.HUNTINGTON BEACH resident of the County aforesaid; I am over AN ORDINANCE TO AMEND THE HUNTINGTON'BEACH the age of eighteen years, and not a party REDEVELOPMENT.PLAN;EXTENDING THE PLAN EFFECTIVENESS to or interested in the below entitled matter. DEADLINE, PAYMENT OF INDEBTEDNESS DEADLINE AND TAX I am a principal clerk of the HUNTINGTON INCREMENT RECEIPT PURSUANT TO SB'1096. BEACH INDEPENDENT, a newspaper Of NOTICE IS HEREBY GIVEN that the Hun tington Beach City Councilwill hold apublichearingonMonda_y general circulation, printed and published in December 17,2007.at 6:00p.rn.or soon thereafter in the City Council Chambers located at 2000 Mair Street,Huntington Beach,California,to approve an,Ordinance for the:Huntington Beach Redevelopmen the City of Huntington Beach, County of Project(Merged ProjectArea). Oran e, State of California and th The purpose of the OrdinanceJs to extend both the time limit on the effectiveness of the plan and the g e dates for.debt repayment and receipt of tax increment provided for by SB 1096 as the Redevelopmeh attached Notice is a true and complete copy Agency made payments to the Educational Revenue Augmentation Fund.("ERAF")in fiscal years 2004 05 and 2005-06. If approved,the new dates shall be as follows: as was printed and published on the Plan Debt following date(s): Huntington Beach Project Effectiveness Repayment Sub-Areas: (incl.SB1096), (incl.SB1096) Yorktown Lake 9/20/2025 9/20/2035 Talbert-Beach 9/20/2025 9/20/2035 Original Main Pier 9/20/2025 9/20/2035 Oakview 11/1/2025 11/1/2035 Added Main Pier 9/6/2026 9/6/2036 Huntington Center 11/26/2027: 11/26/2037 DECEMBER 06, 2007 ALL INTERESTED PERSONS are invited to attend the'hearing and express their opinions regardinc the extension of these time limitations. Direct your written comments to the City Clerk prior to the datf and time set for the hearing. For further information,call the Department of Economic Development a (714)536-5224. Joan Flynn;City Clerk, City of,Huntington Beach 2000 Main Street,2nd Floor Huntington Beach,California 92648 declare, under penalty of perjury, that the (714)536 5227 Publication Date: December 6,2007„ foregoing is true and correct. i Executed on DECEMBER 0 6, 2 0 0 7 at Huntington Beach, California Signature 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. PROOF OF PUBLICATION STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE ) I am the Citizen of the United States and a II l CITY OF HUNTINGTON BEACH resident of the County aforesaid; I am over NOTICE of A PUBLIC HEARING TO APPROVE AN ORDINANCE TO AMEND THE HUNTINGTON BEACH the age of eighteen years, and not a party i REDEVELOPMENT PLAN,,EXTENDING-THE PLAN EFFECTIVENE� to or interested in the below entitled matter. DEADLINE, PAYMENT OF IN DEADLINE AND TA) I am a principal clerk of the HUNTINGTON ! INCREMENT RECEIPT PURSUANT TO SB 1096. BEACH INDEPENDENT, a newspaper of INOTICEIS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing on Mon general circulation, printed and published in December 17.2007,at 6:00 p.m.or soon thereafter in the City Council Chambers located at 2000 p the City of Huntington Beach, County of Street;Huntington Beach,California,to approve an.Ordinance for the Huntington Beach Redevelopn y (Project(Merged Project Area). Orange, State of California, and the The purpose of the Ordinance is to extend both the time limit on the effectiveness of the plan and dates for debt repayment and receipt of tax',increment provided for by SB 1096 as the Redevelopn attached Notice is a true and complete copy Agency made payments to the Educational Revenue Augmentation Fund("ERAF")in fiscal years 2C 05.and 2005-06. If approved,the new dates shall be as'follows: as was printed and published on the following date(s): Plan Debt . Huntington Beach Project "Effectiveness Repayment Incl Swow . Sub-Areas: . . . ( ) (incl.SB1096) Yorktown Lake 9720/2025 9/20/2035 Talbert-beach 9/20l2025 9/20/2035 Original Main Pier 9/20/2025 9/20/2035 Oakview -11/1/2025 " 11/1/2035 Added Main Pier 9/6/2026-, 9/6/2036 DECEMBER 0 6, 2 0 0 7 Huntington Center 11/26/2027 11/26/2037 ALL INTERESTED PERSONS are invited,to attend the hearing and express their opinions regard the extension of these time limitations. Direct yourwritten comments to the City Clerk priorto the d; and time set,for the hearing, For further information,call.the Department of Economic Development (714)536-5224. Joan Flynn,City Clerk- City,of.Huntington Beach 2000 Main Street,2nd Floor Huntington Beach,California 92648 declare, under penalty of perjury, that the (714)-536-5227 foregoing is true and correct. Publication Date:-,December 6,2007 Executed on DECEMBER 0 6, 2 0 0 7 at Huntington Beach, California �� Signature