Loading...
HomeMy WebLinkAboutOrdinance 3558 & 3559 & Redevelopment Agency Ordinance No. 2 • CITY OF HUNTINGTON BEACH Inter-Department Communication TO: Connie Brockway, City Clerk C=Flo z Dale Jones, Deputy City Clerk c _. FROM: Gail Hutton, City Attorney o-=+ty _ CD 7" DATE: July 9,2002 =` SUBJECT: City of Huntington Beach Redevelopment Agency Ordinafe D No. 2 ;; Fes- - On July 1, 2002,the Redevelopment Agency of the City of Huntington Beach >' ("Agency") adopted Ordinance No. 2. The purpose of this memorandum is to clarify that 5 " the language of the ordinance not the legislative draft, reflects the actions taken by the `'` Agency. The language of the legislative draft is not controlling. Rather, Ordinance No. 2,as adopted by the Agency represents the intent of the Agency. l r,' Gail Hutton, 1n J City Attorney r:. /tv 7 747 ' ` G✓:\Mull-ihill\02Memos\CleikRelegdrft.doc J ` L//C f PASSED AND ADOPTED by the Redevelopment Agency of the City of Huntington Beach at an regular meeting thereof held on the 7th day of November , 1988 . C air ATTEST : PROVED AS TO FORM: Agency Clerk Agency Attorn REVIEWED AND PPROVED: INITIAT AND APPROVED: Ci y Administrator Dire t r of Redevelopment 3 - e, i ORDINANCE NO. 1 AN ORDINANCE OF THE HUNTINGTON BEACH REDEVELOPMENT AGENCY LEVYING A TAX ON THE PRIVILEGE OF OCCUPYING A ROOM OR ROOMS IN A HOTEL, INN, TOURIST HOME OR HOUSE, MOTEL, OR OTHER LODGING LOCATED ON CERTAIN DESIGNATED . PROPERTY WITHIN THE MAIN-PIER REDEVELOPMENT PROJECT AREA WHEREAS, California Revenue and Taxation Code Section 7280 .5 permits the redevelopment agency of any city which has levied a transient occupancy tax pursuant to Section 7280 to adopt an ordinance levying a transient occupancy tax if the city 's ordinance entitles .any person subject to the tax under the city' s ordinance to credit the amount of taxes due to the agency against the payment of taxes due under the city's ordinance; and The City Council of the City of Huntington Beach ( "City" ) has adopted a transient occupancy tax ordinance consistent with the- provisions of Revenue and Taxation Code Section 7280 and 7280 .5; and In Accordance with. that certain Disposition and Development _ Agreement dated August 15, 1988 ( "DDA" ), by and between the Huntington Beach Redevelopment Agency ("Agency" ) and RLM Properties, Ltd. ( "Developer" ) , the Agency desires to levy a transient occupancy tax to be applicable to the privilege of occupying a room or rooms in a hotel, inn, tourist home or house, motel, or other lodging located on that certain real property designated herein; NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DOES ORDAIN AS FOLLOWS: Section 1 . LEVY OF TRANSIENT OCCUPANCY TAX. The Agency hereby levies a tax on the privilege of occupying a room or rooms in a hotel, inn, tourist home or house, motel, or other lodging located within that portion of the Main-Pier Redevelopment Project Area bounded on the south by Pacific Coast Highway, on the west by Huntington Street, on the north by the proposed alignment for the future extension of Walnut Avenue (as shown on the City's Precise Plan of Alignment adopted prior to this Ordinance) , and on the east by Beach Boulevard. Said tax shall apply to the same extent, and with the same exceptions, as is the case throughout the balance of the City and as may be provided by state law, as the same may be amended from time to time. Section 2 . RATE . The rate of the transient occupancy tax imposed by this Ordinance shall be six percent (6% ) . The Agency reserves the authority from time to time to amend this Ordinance to reduce such rate to a lesser rate, provided that such lesser rate generates sufficient revenues to enable the Agency to timely satisfy its payment obligations to the Developer under the DDA, as the same may be amended .from .t.ime to ..time . Section 3 . OPERATIVE DATE . This Ordinance shall not be operative until the later of ( i ) the first day of the calen-dar quarter commencing more than one hundred eighty (180 ) days after adoption of this Ordinance or (ii) thirty (30 ) days after the Agency defaults under Attachment No . 5 to the DDA and the Developer provides to the Agency written notice- to of Agency 's default . The Executive Director is hereby authorized and directed to notify all persons and entities liable for collection and payment of the tax immediately after the operative- date of this Ordinance. Section 4 . TERMINATION DATE. This Ordinance shall automatically terminate and be of no further force and effect on the date that the entire Agency indebtedness set forth in Attachment No. 5 to the DDA is paid in full or, as to Paragraph 4 only, on the date that any unpaid balance is forgiven and discharged as provided therein. Section 5. PAYMENT OF EXCESS TAX REVENUE TO CITY. . The purpose of this Ordinance is to implement the Redevelopment Plan for the Main-Pier Redevelopment Project Area by providing an additional source of revenue to the Agency to satisfy its payment obligations to the Developer under the DDA. Accordingly, to the extent that after the operative date of this Ordinance the Agency collects any transient occupancy taxes not required to enable the Agency to timely make such payments to the Developer, the excess amount shall promptly be paid to the City. Section 6 . AMENDMENTS. Pursuant to California Revenue and Taxation Code Section 7280 .5 (d) and Attachment No. 5 to the DDA, this Ordinance may not be amended, modified, or repealed prior to the termination date set forth in Section 4 in a manner that jeopardizes or impairs the Developer 's rights under the DDA without the prior written consent of the Developer (including all permitted successors and assigns of Developer 's right under the DDA to any of the payments required to be made thereunder) . Section 7. SEVERABILITY. If any provision of this Ordinance of the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. - 2 - 1 _ Section 8 . ATTESTATION AND PUBLICATION. The Secretary of the Agency shall attest to the adoption of this Ordinance and the same shall be published in accordance with the procedures applicable to general law cities. Section 9 This ordinance shall take effect thirty , (30 ) days after its passage. PASSED AND ADOPTED by the Redevelopment Agency of the City of Huntington Beach at an regular meeting thereof held on the 7th day of November ► 1988 . Cltma ATTEST: APPROVED AS TO FORM: .000 -Agency Clerk Coe Agency Attorney C> REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Dire t r of Redevelopment 3 - l j Ord. No. 1 _ STATE OF CALIFORNIA ) COUNTY OR ORANGE ) CITY OF HUNTINGTON BEACH) I , CONNIE BROCKWAY, Clerk of the Redevelopment Agency of the City of Huntington Beach, do hereby certify that,the whole number of members of the Redevelopment Agency of the City of Huntington Beach is seven; that the foregoing ordinance was read to said Redevelopment Agency at a regular meeting thereof held on 24th day of October 19 88 , and was again read to said Redevelopment Agency at a regular meeting thereof held on the 7th day of November 19 88 , and was passed and adopted by affirmative vote of at least a majority of all the members of said Redevelopment.Agency: AYES: Members: Kelly, Green, Finley, Erskine, Mays, Winchell NOES: Members: Bannister ABSENT: Members: None Clerk of the Redevelopmen Agency of the City of Huntington Beach, CA City Ordinance ATTACHMENT #2 p qI ;5, �tp P& (pr��� �9 C.M�TIV) ADM, 7 Council/Agency Meeting Held: r7S—e6—o2 Deferre Continued to �S ' qv � ❑Approved ❑ Conditio Apr ved ❑ Denied C k's Signature Council Meeti Date: May 6, 2002 ` Cie^2rtment ID N m ± Vel'fw !^ CITY OF HUNTINGTON BEACH L - REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTIN y SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL MEMBERS/REDEVELOPMENT AGENCY MEMBERS c J 2> SUBMITTED BY: RAY SILVER, City Administrator/Executive Director 0,6P PREPARED BY: DAVID C. BIGGS, Economic Develop. Director/Deputy E cuti irector CLAY MARTIN, Director of Administrative Services SUBJECT: Amend City/Agency Transient Occupancy Tax Allocation Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: In 1988, the City and Redevelopment Agency provided for a 40/60% split of the 10%Transient Occupancy Tax (TOT) in order to assist in the Agency's financing of . certain obligations related to the hotels to be developed on the Waterfront site in the Main Pier Redevelopment Sub-area. This allocation of TOT is proposed to be expanded to the entire Main Pier Redevelopment Sub-area. Funding Source: None at this time. A portion of future TOT from hotels to be developed in the Main Pier Redevelopment Sub-area would flow to the Redevelopment Agency when and if additional hotels are constructed. Recommended Action: Redevelopment Agency Action Adopt Agency Ordinance No. , an Ordinance of the Redevelopment Agency of the City of Huntington Beach Amending Ordinance No. 1 and Levying a Tax on the Provilege of occupying a room or rooms in a Hotel, Inn, Tourist Home or House, Motel, or Other Lodging Located Within the Main Pier Redevelopment Sub-area of the Huntington Beach Redevelopment Project. City Council Action Adopt Ordinance No. an Ordinance of the City of Huntington Beach Amending Chapter 3.28 of the Huntington Beach Municipal Code Relating to Credit for Transient Occupancy Taxes. REQUEST FOR WU NCI L/REDEVELOPMENT t.%J'ENCY ACTION MEETING DATE: May 6, 2002 DEPARTMENT ID NUMBER: ED 02-07 City Council Action (continued) Adopt Ordinance No. 355 , an Ordinance of the City of Huntington Beach Amending Ordinance No. 2974 to Provide a Credit for the Payment of Transient Occupancy Taxes to the Huntington Beach Redevelopment Agency; Alternative Action(s): Do not adopt the subject Ordinances and direct staff on how to proceed. Analysis: In 1988, pursuant to California Tax and Revenue Code Sections 7280 and 1280.5, the City and Redevelopment Agency adopted ordinances that provided for an allocation of a portion of the concurrently increased Transient Occupancy Tax (TOT) from the City to the Agency. Under the provisions of these ordinances, the Redevelopment Agency receives 6% of the 10% TOT from the hotels developed on the Waterfront site in the Main- Pier Redevelopment Sub-area. The purpose of this allocation was to assist the Redevelopment Agency in meeting its financial obligations that facilitated the hotel development generating the TOT revenue. A similar financing structure is contemplated for future hotel development in the Main-Pier Redevelopment Sub-area, including the hotel proposed for the Strand project on Blocks 104 & 105. In anticipation of future hotel development in the City's beachfront resort district, it is timely to update the existing ordinances. The proposed ordinances modify the area subject to the allocation of TOT between the City and Redevelopment Agency to include the entire Main-Pier Redevelopment Sub-area. Environmental Status: Not Applicable. Attachment(s): Page Number No. Description .777 City Clerk's 1. Rlevelo ment Agency Ordinance Amending Ordinance No. 1. 2. City Ordinance Amending Chapter 3.28. 0,- l . i✓o • 3SS 8` 3. City Ordinance Amending Ordinance No. 2974. 4. Map of Huntington Beach Redevelopment Project Sub-area 5. RCA Author: D. Biggs, ext. 5909 G:\DAVID\RCAS\ED 02-07 TOT Mod.doc -2- 4/24/2002 2:30 PM Agency Ordinance ATTACHME N T # 1 ORDINANCE NO. 2 AN ORDINANCE OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AMENDING ORDINANCE NO. 1 AND LEVYING A TAX ON THE PRIVILEGE OF OCCUPYING A ROOM OR ROOMS IN A HOTEL, INN, TOURIST HOME OR HOUSE, MOTEL, OR OTHER LODGING LOCATED WITHIN THE MAIN-PIER REDEVELOPMENT SUB-AREA OF THE HUNTINGTON BEACH REDEVELOPMENT PROJECT WHEREAS, California Revenge and Taxation Code Section 7280.5 permits the redevelopment agency of any city which has levied a transient occupancy tax pursuant to Section 7280 to adopt an ordinance levying a transient occupancy tax if the city's ordinance entitles any person subject to the tax under the city's ordinance to credit the amount of taxes due to the agency against the payment of taxes due under the city's ordinance; and The City Council of the City of Huntington Beach ("City")has adopted a transient occupancy tax ordinance consistent with the provisions of Revenge and Taxation Code Sections 7280 and 2780.5; and On November 7, 1988 the Agency adopted Ordinance No. 1 which levied a transient occupancy tax on a portion of real property within the Main-Pier Redevelopment Project sub-area of the Huntington Beach Redevelopment Project; and The Agency desires to levy a transient occupancy tax to be applicable to the privilege of occupying a room or rooms in a hotel, inn, tourist home or house, motel, or other lodging located within the entire Main-Pier sub-area of the Huntington Beach Redevelopment Project. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Lew of Transient Occupancy The Agency hereby levies a tax on the privilege of occupying a room or rooms in a hotel, inn,tourist home or house,motel, or other lodging located within the Main-Pier Redevelopment sub-area of the Huntington Beach Redevelopment Project. Said tax shall apply to the same extent, and with the same exceptions,as is the case throughout the balance of the city and as may be provided by state law, as the same may be amended from time to time. SECTION 2. Rate. The rate of the transient occupancy tax imposed by this Ordinance shall be six percent (6%). The Agency reserves the authority from time to time to amend this Ordinance to reduce such rate to a lesser rate,provided that such lesser rate generates sufficient revenues to enable the Agency to timely satisfy its payment obligations to the developer pursuant to all outstanding Disposition and Development Agreements and/or Owner Participation Agreements ("DDAs")by and between the Agency relating to redevelopment projects within the Main-Pier Redevelopment sub-area, as the same may be amended from time to time. SECTION 3. Operative Date. This Ordinance shall not be operative until the first day of the first calendar quarter commencing more than one hundred eighty(180) days after adoption of this Ordinance. The Executive Director is hereby authorized and directed to notify all persons and entities liable for collection and payment of the tax immediately after the operative date of this Ordinance. GAORDINANCL002\agency trans tax-Final.doc I Ord. No. 2 SECTION 4. Termination Date. This Ordinance shall automatically terminate and be of no further force and effect on the date that the entire Agency indebtedness pursuant to all outstanding DDAs by and between the Agency relating to redevelopment projects within the Main-Pier Redevelopment sub-area, as the same may be amended from time to time, is paid in full or on the date that any unpaid balance is forgiven and discharged as provided therein. SECTION 5. Payment of Excess Tax Revenue to City. The purpose of this Ordinance is to implement the redevelopment plans for the Main-Pier Redevelopment sub-area by providing an additional source of revenue to the Agency to satisfy its payment obligations to the developer under all outstanding DDAs relating to any redevelopment projects within the Main-Pier sub-area of the Huntington Beach Redevelopment Project. Accordingly, to the extent that after the operative date of this Ordinance the Agency collects any transient occupancy taxes not required to enable the Agency to timely make such payments to the developer pursuant to such outstanding DDAs, the excess amount shall promptly be paid to the City. SECTION 6. Amendments. Pursuant to California Revenue and Taxation Code Section 7280.5(d)this Ordinance may not be amended,modified, or repealed prior to the termination date in a manner that jeopardizes or impairs the developer's rights under a DDA without the prior written consent of the developer(including all permitted successors and assigns of developer's right under the DDA to any of the payments required to be made thereunder). SECTION 7. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 8. Attestation and Publication. The Agency Clerk shall attest to the adoption of this Ordinance and the same shall be published in accordance with the procedures applicable to general law cities. SECTION 9. This ordinance shall take effect thirty(30) days after its passage. PASSED AND ADOPTED by the Redevelopment Agency of the City of Huntington Beach at a regular meeting thereof held on the 1st day of July 2002. ATTEST: Agency Clerk Agency Chairman REVIEWED AND APPROVED: APPROVED AS TO FORM: 2_ Executiq Director Agen�c/Counsel INITIATED AND APPROVED: Aptoe C. Deputy Executive Director GAORDINANC0002�agency trans tax-Final.doc 2 Ord. No. 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, Clerk of the Redevelopment Agency of the City of Huntington Beach, do hereby certify that the whole number of members of the Redevelopment Agency of the City of Huntington Beach is seven; that the foregoing ordinance was read to said Redevelopment Agency at a regular meeting thereof held on the 17th day of June,2002, and was again read to said Redevelopment Agency at a regular meeting thereof held on the 1st day of July,2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said Redevelopment Agency. AYES: Green,Dettloff, Cook,Houchen,Winchell NOES: Boardman ABSENT: Bauer(out of room) ABSTAIN: None I,Connie Brockway,CrIT 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 2002 In accordance with the City Charter of said City Connie Brockway, City Clerk Clerk of the Redevelopment Agency Deputy City Clerk of the City of Huntington Beach, California ORDINANCE NO. 4-2 AN ORDINANCE OF THE HUNTINGTON BEACH REDEVELOPMENT AGENCY LEVYING A TAX ON THE PRIVILEGE OF OCCUPYING A ROOM OR ROOMS IN A HOTEL, INN, TOURIST HOME OR HOUSE, MOTEL, OR OTHER LODGING LOCATED ON CERTAIN DESIGNATED PROPERTY WITHIN THE MAIN-PIER REDEVELOPMENT PROJECT AREA WHEREAS, California Revenue and Taxation Code Section 7280.5 permits the redevelopment agency of any city which has levied a transient occupancy tax pursuant to Section 7280 to adopt an ordinance levying a transient occupancy tax if the city's ordinance entitles any person subject to the tax under the city's ordinance to credit the amount of taxes due to the agency against the payment of taxes due under the city's ordinance; and The City Council of the City of Huntington Beach("City")has adopted a transient occupancy tax ordinance consistent with the provisions of Revenue and Taxation Code Sections 7280 and 7280.5; and In Accordance with that certain Disposition and Development Agreement dated August 15, 1998 ("DDA"),by and between the Huntington Beach Redevelopment Agency("Agency") and RLM Properties, Ltd. ("Developer"),the Agency desires to levy a transient occupancy tax to be applicable to the privilege of occupying a room or rooms in a hotel, inn, tourist home or house, motel, or other lodging located on that certain real property designated herein; NOW,THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DOES ORDAIN AS FOLLOWS: Section 1. LEVY OF TRANSIENT OCCUPANCY TAX. The Agency hereby levies a tax on the privilege of occupying a room or rooms in a hotel, inn, tourist home or house, motel, or other lodging located within that poi4ien-e€ the Main-Pier Redevelopment sub-area of the Huntington Beach Redevelopment Project. , on the west by 14tintington Street, en the nei44 by the proposed alignment for-the -&-itur--ce extension E) Walnut Avenue (as shewn en the Git-y's Weeise Plan of Alignme . . �r-to this Or-dinanee), and an the east by Beach Boule ar-d Said tax shall apply to the same extent, and with the same exceptions, as is the case throughout the balance of the City and as may be provided by state law, as the same may be amended from time to time. Section 2. RATE. The rate of the transient occupancy tax imposed by this Ordinance shall be six percent(6%). The Agency reserves the authority from time to time to amend this Ordinance to reduce such rate to a lesser rate,provided that such lesser rate generates sufficient revenues to enable the Agency to timely satisfy its payment obligations to the dDeveloper uncle..the Tlrl" pursuant to all outstanding Disposition and Development Agreements and/or Owner Participation Agreements ("DDAs") by and between the Agency relating to redevelopment projects within the Main-Pier Redevelopment sub area, as the same may be amended from time to time. 02ord/agency trans tax 4-25 Section 3. OPERATIVE DATE. This Ordinance shall not be operative until the l the first day of the first calendar quarter commencing more than one hundred eighty(180) days after adoption of this Ordinance or-(i ty(30) days-a€ter the geney defatilts undef: 4ttaehf tent No. 5 to the DDA and the Developer- A el o provides to the g tte eti a to o A g 's default. The aauzra Executive Director is hereby authorized and directed to notify all persons and entities liable for collection and payment of the tax immediately after the operative date of this Ordinance. Section 4. TERMINATION DATE. This Ordinance shall automatically terminate and be of no further force and effect on the date that the entire Agency indebtedness set f Ah in A ffaeh ent No. 5 to the DDA pursuant to all outstanding DDAs by and between the Agency relating to redevelopment projects within the Main-Pier Redevelopment sub- area, as the same may be amended from time to time, is paid in is paid in full or,as to on the date that any unpaid balance is forgiven and discharged as provided therein. Section 5. PAYMENT OF EXCESS TAX REVENUE TO CITY. The purpose of this Ordinance is to implement the rRedevelopment pPlanS for the Main-Pier Redevelopment Rrejeet Sub- Aarea by providing an additional source or revenue to the Agency to satisfy its payment obligations to the dDeveloper under the DDA all outstanding DDAs relating to any redevelopment projects within the Main-Pier sub-area of the Huntington Beach Redevelopment Project. Accordingly, to the extent that after the operative date of this Ordinance the Agency collects any transient occupancy taxes not required to enable the Agency to timely make such payments to the dDeveloper, the excess amount shall promptly be paid to the City. Section 6. AMENDMENTS. Pursuant to California Revenue and Taxation Code Section 7280.5(d)and Attachment No.5 to the DDA, this Ordinance may not be amended, modified, or repealed prior to the termination date set f f4h in Section ^ in a manner that jeopardizes or impairs the dDeveloper's rights under tl3ea DDA without the prior written consent of the dDeveloper(including all permitted successors and assigns of dDeveloper's right under the DDA to any of the payments required to be made thereunder). Section 7. SEVERABILITY. If any provision of this Ordinance of the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. Section 8. ATTESTATION AND PUBLICATION. The Agency Clerk shall attest to the adoption of this Ordinance and the same shall be published in accordance with the procedures applicable to general law cities. Section 9. This ordinance shall take effect thirty(30) days after its passage. 02ord/agency trans tax 4-25 ORDINANCE NO. 3558 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 3.28 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO CREDIT FOR TRANSIENT OCCUPANCY TAXES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 3.28.170 of the Huntington Beach Municipal Code is hereby amended to read as follows: 3.28.170 Credit for Transient Occupancy Taxes Paid to Huntington Beach Redevelopment Agency. Any person or persons subject to the transient occupancy tax under this Ordinance shall be entitled to a credit against the payment of such taxes due in the amount of any transient occupancy taxes due from that person or persons to the Huntington Beach Redevelopment Agency("Agency")pursuant to Ordinance No. _2 , adopted by the Agency on July 1 , 2002,which affects any persons occupying a room or rooms in any hotels, inns,tourist homes or houses, motels, or other lodging within the Main-Pier Redevelopment sub-area of the Huntington Beach Redevelopment Project. (See Ordinance No. 3559 for additional information regarding termination, amendment or modification of 0.28.170.) 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 1st day of July 2002. ATTEST: do4l'� lsat.��/ r City Clerk 0-o1-011 Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Kdministrator City Attorney (, (t(�S�cTL MT IA ED AND APPROVED: Director of Economic Development 02ord/mc3-28-170-Final/1/14 02 Ord. No. 3558 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, 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 the 17th day of June,2002, and was again read to said City Council at a regular meeting thereof held on the 1st day of July, 2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green,Dettloff,Houchen,Winchell,Bauer NOES: Boardman, Cook ABSENT: None ABSTAIN: None I,Connie Brockway,CITY CLERK of the City of Huntington Beach and ex-0fficio 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 2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway, City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California Ordinance No. 3 LEGISLATIVE DRAFT Chapter 3.28 UNIFORM TRANSIENT OCCUPANCY TAX (1068-7/64, 1226-7/66, 1590-8/70, 2015-11/75, 2098-9/76, 2974-12/88) (Res 5859-5/88) Sections: 3.28.010 Purpose 3.28.020 Definitions 3.28.030 Tax imposed 3.28.040 Exemptions 3.28.050 Operator's duties 3.28.060 Register 3.28.070 Guests must register 3.28.080 Registration 3.28.090 Reporting and remitting 3.28.100 Penalties and interest 3.28.110 Failure to collect and report tax--Determination of tax by City Treasurer 3.28.120 Appeal 3.28.130 Records 3.28.140 Refunds 3.28.150 Actions to collect 3.28.160 Failure to register 3.28.170 Credit for transient occupancy taxes paid to Huntington Beach Redevelopment Agency 3.28.010 Purpose. The City Council of the city of Huntington Beach hereby declares that this chapter, which shall be known as the Uniform Transient Occupancy Tax, is adopted to provide a tax on the rent charged in a hotel by the operator of said hotel. (1068-7/64, 2015-11/75) 3.28.020 Definitions. Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter: (a) "Person" means any individual, firm, partnership,joint venture, association, social club, fraternal organization,joint stock company, corporation, estate, trust,business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. (b) "Hotel" means any structure, or any portion of any structure which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory,public or private club, mobilehome or house trailer at a fixed . location, or other similar structure or portion thereof. 1egisdrft/mc0328/1/9/02 1 (c) "Occupancy" means the use or possession or the right to the use or possession of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes. (d) "Transient" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty(30) consecutive calendar days or less, counting portions.of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty (30) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient,uninterrupted periods of time extending both prior and subsequent to the effective date of this chapter may be considered. (e) "Rent" means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. (f) "Operator" means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his functions through managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however,be considered to be compliance by both. (10687/64) 3.28.030 Tax imposed. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax on the rent charged by the operator at a rate equal to the current, combined state and local use tax rate. Said rate shall be declared by the City Council by resolution from time to time. Said tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator or to the city. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the City Treasurer may require that such tax be paid directly to the City Treasurer. (1068-7/64, 1590-8/70, 2015-11/75, Res 5859-5/88) 3.28.040 Exemptions. No tax shall be imposed upon: (a) Any person as to whom, or any occupancy as to which it is beyond the power of the city to impose the tax herein provided; (b) Any federal or state of California officer or employee when on official business; (c) Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. 1egisdrft/mc0328/1/9/02 2 No exemption shall be granted except upon a claim therefor made at the time rent is collected and under penalty of perjury upon a form prescribed by the City Treasurer. (1068-7/64, 2015- 11/75) 3.28.050 Operator's duties. Each operator shall collect the tax imposed by this chapter to the same extent and at the same time as.the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner hereinafter provided. (1068-7/64, 2015-11/75) 3.28.060 Re ice. Every owner, keeper or proprietor of any lodging house, rooming house, motel or hotel shall keep a register wherein he shall require all guests, roomers or lodgers to inscribe their names upon their procuring lodging of a room or accommodations. Said register shall also show the day of the month and year when said name was inscribed, and the room occupied, or to be occupied by said lodger, or roomer or guest in such lodging house, rooming house, motel or hotel. Said register shall be kept in a conspicuous place in said lodging house, rooming house, motel or hotel, and shall at all times be open to inspection by any peace officer of the state of California. (1226-7/66, 2015-11/75) 3.28.070 Guests must register. Before any lodging for hire to any person(s) in any lodging house, or before renting any room to any person(s) in any rooming house, or before furnishing any accommodations to any guest(s) at any motel or hotel, the proprietor, manager or owner thereof shall require the person(s) to whom such lodgings are furnished, or room is rented, or accommodations furnished, to inscribe his/their name(s) in such register kept for that purpose as hereinabove provided, and shall set opposite said name(s) the time when said name(s)was/were so inscribed, the room occupied by such lodger(s), roomer(s), or guest(s), and the license'number and description of the vehicle said lodger(s), roomer(s) or guest(s) drove. (1226-7/66, 2015- 11/75) 3.28.080 Registration. Within thirty(30) days after the effective date of this chapter, or within thirty(30)days after commencing business, whichever is later, each operator of any hotel renting occupancy to transients shall register said hotel with the City Treasurer and obtain from him a "Transient Occupancy Registration Certificate" to be.at all times posted in a conspicuous place on the premises. Said certificate shall, among other things, state the following: (a) The name of the operator; (b) The address of the hotel; (c) The date upon which the certificate was issued. (d) "This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of Chapter 3.28 by registering with the City Treasurer for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax Iegisdrft/mc0328/1/9/02 3 / y s to the City Treasurer. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner,nor to operate a hotel without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this city. This certificate does not constitute a permit." (1068-7/64) 3.28.090 Reporting and remitting. Each operator shall file a report each month on forms provided by the City Treasurer of the total rents charged and received and the amount of tax collected for transient occupancies for the preceding month. The full amount of tax collected shall be remitted to the City Treasurer. Said tax collected by each operator during a calendar month, is due and payable on the last day of the first month following and shall be delinquent and subject to the penalties noted in section 3.28.100 of this chapter on the first day of the second month following. Said report shall be filed at the same time the tax is remitted. Returns are due and payable and delinquent immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the city until payment is made to the City Treasurer. (1068-7/64, 2098-9/76) 3.28.100 Penalties and interest. The following shall give rise to penalties and interest: (a) Original Delinquency. Any operator who fails to remit any tax imposed by this chapter within the time required shall pay a penalty of 10 percent of the amount of the tax in addition to the amount of the tax. (b) Continued Delinquency. Any operator who fails to meet any delinquent remittance on or before a period of thirty(30) days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of 10 percent of the amount of the tax in addition to the amount of the tax and the 10 percent penalty first imposed. (c) Fraud. If the City Treasurer determines that the non-payment of any remittance due under this chapter is due to fraud, a penalty of 25 percent of the amount of the tax shall be added thereto in addition to the penalties stated in subsections (a) and (b) of this section. (d) Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed _ by this chapter shall pay interest at the rate of one-half(1/2) of 1 percent per month, or fraction thereof, on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. (e) Penalties Merged with Tax. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax herein required to be paid. (10687/64) 3.28.110 Failure to collect and report tax--Determination of tax by City Treasurer. If any operator shall fail or refuse to collect said tax and to make, within the time provided in this chapter, any report and remittance of said tax or any portion thereof required by this chapter,the City Treasurer shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the City Treasurer shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax 1egisdrft/mc0328/1/9/02 4 imposed by this chapter and payable by any operator who has failed or refused to collect the same and to make such report and remittance, he shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter. In case such determination is made, the City Treasurer shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail,postage prepaid, addressed to the operator so assessed at his last known place of address. Such operator may within ten(10) days after the serving or mailing of such notice make application in writing to the City Treasurer for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the City Treasurer shall become final and conclusive and immediately due and payable. If such application is made, the City Treasurer shall give not less than five (5) days written notice in the manner prescribed herein to the operator to show cause at a time and place fixed in said notice why said amount specified therein should not be fixed for such tax, interest and penalties. At such hearing, the operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such hearing the City Treasurer shall determine the proper tax to be remitted and shall thereafter give written notice to the person and in the manner prescribed herein of such determination and the amount of such tax, interest and penalties. The amount determined to be due shall be payable after fifteen (15) days unless an appeal is taken as provided in section 3.28.120. (1068-7/64, 2015-11/75) 3.28.120 Appeal. Any operator aggrieved by any decision of the City Treasurer with respect to the amount of such tax, interest and penalties, if any, may appeal to the City Council by filing a notice of appeal with the City Clerk within fifteen (15) days of the serving or mailing of the determination of tax due. The council shall fix a time and place for hearing such appeal, and the City Clerk shall give notice in writing to such operator at his last known place of address.The findings of the council shall be final and conclusive and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice. (1068-7/74, 2015-11/75) 3.28.130 Records. It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, for a period of three (3) years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and payment to the city, which records the City Treasurer shall have the right to inspect at all reasonable times. (1068-7/64) 3.28.140 Refunds. The following shall warrant a refund: (a) Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the city under this chapter it may be refunded as provided in subparagraphs (b) and (c) of this section provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the City Treasurer within three (3) years of the date of payment. The claim shall be on forms furnished by the City Treasurer. (b) An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is 1e.-isdrtVmc0328/1/14/02 5 established in a manner prescribed by the City Treasurer that the person from whom the tax has been collected was not a transient; provided,however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator. (c)A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the city by filing a claim in the manner provided in subsection (a) of this section,but only when the tax was paid by the transient directly to the City Treasurer, or when the transient having paid the tax to the operator, establishes to the satisfaction of the City Treasurer that the transient has been unable to obtain a refund from the operator who collected the tax. (d)No refund shall be paid under the provisions of this section unless the claimant established his right thereto by written records showing entitlement thereto.(1068-7/64, 2015-11/75) 3.28.150 Actions to collect. Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the city. Any such tax collected by an operator which has not been paid to the city shall be deemed a debt owed by the operator to the city. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the city of Huntington Beach for the recovery of such amount. (1068-7/64, 2015-11/75) 3.28.160 Failure to register. Any operator or other person who fails or refuses to register as required herein, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the City Treasurer, or who renders a false or fraudulent return or claim, is guilty of a MISDEMEANOR. Any person required to make, render, sign or verify any report or claim or who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this chapter to be made, is guilty of a MISDEMEANOR. (1068-7/64, 2015-11/75) 3.28.170 Credit for Transient Occupancy Taxes Paid to Huntington Beach Redevelopment A enc . Any person or persons subject to the transient occupancy tax under this Ordinance shall be entitled to a credit against the payment of such taxes due in the amount of any transient occupancy taxes due from that person or persons to the Huntington Beach Redevelopment Agency("Agency") pursuant to Ordinance No. - , adopted by the Agency on 9e-tebe 24, '� on , 2002 which affects any persons occupying a room or rooms in any hotels, inns, tourist homes or houses, motels, or other lodging within that peFtien Of the Main- Pier Redevelopment Pr-ejee-t sub-Aarea of the Huntington Beach Redevelopment Project b a a the tly P '� Coast Highway, .+ the not� 14untiag4 Street,vc^,�c@a-eircm�v^u �ei•zrcvecca , cm--:rc�r-v�-rarra�rb�oirocr«;�the nefth by the pr-epesed alignment fer-the futufe extension of Walnut Avenue (as s hewn en the C-54s D.- Plan of A 1;giff.,e„t .,depterl prior-t^ this Qr-diaanee ) and o the east by Beae ------- �fl���_�TTrm Q��cG�i Q��Q c��� Dooley. (2974-12/88 See Ordinance No. 2974 for additional information regarding termination, amendment or modification of 0.28.170.) 1egisdrt1/mc0328/1/14/02 6 City Ordinance Amending Ord. 2974 ATTACH M' ENT .#3 ORDINANCE NO. 3559 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ORDINANCE NO. 2974 TO PROVIDE A CREDIT FOR THE PAYMENT OF TRANSIENT OCCUPANCY TAXES TO THE HUNTINGTON BEACH REDEVELOPMENT AGENCY. The City Council of the City of Huntington Beach does hereby ordain as follows: WHEREAS, California Revenue and Taxation: Code Section 7280.5 permits the redevelopment agency of any city which has levied a transient occupancy tax pursuant to Section 7280 to adopt an ordinance levying a transient occupancy tax if the city's ordinance entitles any person subject to the tax under the city's ordinance to credit the amount of taxes due to the agency against the payment of taxes due under the city's ordinance; and On November 7, 1988, the City Council of the City of Huntington Beach adopted Ordinance No. 2974 allowing the Huntington Beach Redevelopment Agency("Agency") to receive a portion of the transit occupancy taxes generated by hotels, inns, tourist homes or houses,motels and other lodgings located within a portion of the Main-Pier sub-area of the Huntington Beach Redevelopment project pursuant to Ordinance No. 1 adopted by the Agency on November 7, 1988; and The Agency desires to receive a portion of the transient occupancy taxes generated by hotels, inns, tourist homes or houses, motels, and other lodgings located within the entire Main-Pier Redevelopment sub-area of the Huntington Beach Redevelopment Project to the extent necessary to enable the Agency to timely satisfy its payment obligations under any and all outstanding Disposition and Development Agreements and/or Owner Participation Agreements ("DDAs") by and between the Agency for redevelopment projects located within the Main-Pier Redevelopment sub-area, including but not limited to the DDA dated August 15, 1988, and all subsequent amendments thereto, by and between the Agency and RLM Properties, Ltd., and the DDA approved in June 1999, by and between the Agency and CIM Group, LLC ; and The City Council desires to facilitate the implementation of any redevelopment plan within the Main-Pier Redevelopment sub-area and the Agency's ability to perform its payment obligations under any and all DDAs relating to redevelopment in the Main-Pier sub-area by providing that persons subject to the City's transient occupancy tax ordinance in the Main-Pier Redevelopment sub-area shall be entitled to a credit against the payment of taxes due under the City's ordinance in the amount of the transient occupancy taxes due to the Agency. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES ORDAIN AS FOLLOWS: 02ord/amend 2974-final/7/l/02 1 Ord. No. 3559 SECTION 1. Section 3.28.170 of the Huntington Beach Municipal Code is hereby amended to read in its entirety as follows: - s. 3.28.170 Credit for Transient Occupancy Taxes Paid to Huntington Beach Redevelopment Agency. Any person or persons subject to the transient occupancy tax under this Ordinance shall be entitled to a credit against the payment of such taxes due in the amount of any transient occupancy taxes due from that person or persons to the Huntington Beach Redevelopment Agency("Agency") pursuant to Ordinance No. 2 , adopted by the Agency on 7u1� t , 2002, which affects any persons occupying a room or rooms in any hotels, inns, tourist homes or houses, motels, or other lodging within the Main-Pier Redevelopment sub-area of the Huntington Beach Redevelopment Project. (See Ordinance No. 3558 for additional information regarding termination, amendment or modification of 3.28.170.) SECTION 2. Section 1 above shall automatically terminate and be of no further force and effect on the date that the entire Agency indebtedness pursuant to all outstanding DDAs by and between the Agency and relating to redevelopment projects within the Main- Pier Redevelopment sub-area, as the same may be amended from time to time, is paid in full or that any unpaid balance is forgiven and discharged as provided therein. SECTION 3. The purpose of this Ordinance is to assist the Agency in implementing the redevelopment plans for the Main-Pier Redevelopment.sub-area by providing an additional source of revenue to the Agency to satisfy its payment obligations under any outstanding DDAs entered into by the Agency and relating to redevelopment projects within the Main-Pier Redevelopment sub-area of the Huntington Beach Redevelopment Project. Accordingly, to the extent that after the operative date of this Ordinance the Agency collects any transient occupancy taxes not required to enable the Agency to timely make such payments pursuant to any such DDA, the excess amount shall promptly be paid to the City. SECTION 4. Pursuant to California Revenue and Taxation Code Section 7280.5(d), this Ordinance may not be amended, modified, or repealed prior to the termination date set forth in Section 2 in a manner that jeopardizes or impairs any rights under any outstanding DDAs without prior written consent of the developer. SECTION 5. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 6. The City Clerk shall attest to the adoption of this Ordinance and the same shall be published in accordance with law. 02ord/amend 2974-final/4/25•02 Ord. No. 3559 SECTION 7. This ordinance shall become effective 30 days after its adoption. SECTION 8. This ordinance shall become operative concurrently with Ordinance No. 2 adopted by the Agency on July .1 , 2002, on the first day of the first calendar quarter commencing more than one hundred eighty(180) days after adoption of this Ordinance. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of July 2002. ATTEST: City Cle Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City dministrator G,City Attorney y ��y�e1► INITIATED AND APPROVED: 4d d- cono Director of mic Development 02ord/amend 2974-final/l/14/02 3 Ord. No. 3559 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY,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 the 17th day of June,2002, and was again read to said City Council at a regular meeting thereof held on the 1st day of July,2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green,Dettloff,Houchen, Winchell,Bauer NOES: Boardman, Cook ABSENT: None ABSTAIN: None I,Connie Brockway,CITY CLERK of the City of Huntington Beach and ex-0fficio 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 2002 _ In accordance with the city Charter of Said city. City Clerk and ex-officio Clerk Connie Brockway,City Clerk of the City Council of the-City Deouty Citv Clerk of Huntington Beach, California t ORDINANCE NO. 2974 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE CITY'S TRANSIENT OCCUPANCY TAX ORDINANCE TO PROVIDE A CREDIT FOR THE PAYMENT OF TRANSIENT OCCUPANCY TAXES TO THE HUNTINGTON BEACH REDEVELOPMENT AGENCY. WHEREAS, California Revenue and Taxation Code Section 7280.5 permits the redevelopment agency of any city which has levied a transient occupancy tax pursuant to Section 7280.5 permits the redevelopment agency of any city which has levied a transient occupancy tax pursuant to Section 7280 to adopt an ordinance levying a transient occupancy tax if the city's ordinance entitles any person subject to the tax under the city's ordinance to credit the amount of taxes due to the agency against the payment of taxes due under the city's ordinance; and The Huntington Beach Redevelopment Agency("Agency") desires to receive a portion of the transient occupancy taxes generated by hotels, inns, tourist homes or houses, motels, and other lodgings located within the entire Main-Pier Redevelopment Project Area to the extent necessary to enable the Agency to timely satisfy its payment obligations under that certain Disposition and Development Agreement ("DDA") dated August 15, 1988,by and between the Agency and RLM Properties, Ltd. ("Developer"); and The City Council desires to facilitate the implementation of the Redevelopment Plan within the Main-Pier Redevelopment Project Area and the Agency's ability to perform its payment obligations under the DDA by providing that persons subject to the City's transient occupancy tax ordinance in the Main-Pier Redevelopment Project Area 02ord/2974-4/25/02 1 designated herein shall be entitled to a credit against the payment of taxes due under the City's ordinance in the amount of the transient occupancy taxes due to the Agency; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES ORDAIN AS FOLLOWS: Section 1. A new Section 3.28.170 of the Huntington Beach Municipal Code is hereby added amended to the to read in its entirety as follows: 3.28.170. Credit for Transient Occupancy Taxes Paid to Huntington Beach Redevelopment Agency. Any person or persons subject to the transient occupancy tax under this Ordinance shall be entitled to a credit against the payment of such taxes due in the amount of any transient occupancy taxes due from that person or persons to the Huntington Beach Redevelopment Agency("Agency") pursuant to Ordinance No. 4- , adopted by the Agency on ^^*v�T 49 , 2002, which affects any persons occupying a room or rooms in any hotels, inns, tourist homes or houses, motels, or other lodging within that et4ien- the Main-Pier Redevelopment Project Afea sub-area of The Huntington Beach Redevelopment. bounded on the seuth by Paeifie Coast Highway, on the west by Huntington Street, en the fiei4h by the pr-opesed alignment for-the futur-e extension of Walnut Avenue) as shown on the City's Pr-eeise Plan e Section 2. Section 1 above shall automatically terminate and be of no further force and effect on the date that the entire Agency indebtedness pursuant to all 02ord/2974-4/25/02 2 outstanding DDAs by and between the Agency and relating to redevelopment projects within the Main-Pier Redevelopment sub- area, as the same may be amended from time to time, cep in Att-ae er t NE). 5 to the-DDA is paid in full or as te Pafagfaph 4 only, the date that any unpaid balance is forgiven and discharged as provided therein. Section 3. The purpose of this Ordinance is to assist the Agency in implementing the rRedevelopment pPlans for the Main-Pier Redevelopment sub-area Pr-E jee-t Area by providing an additional source of revenue to the Agency to satisfy its payment obligations t under any outstanding DDAs entered by the Agency relating to redevelopment projects within the Main-Pier Redevelopment sub-area of the Huntington Beach Redevelopment Project. Accordingly, to the extent that after the operative date of this Ordinance the Agency collects any transient occupancy taxes not required to enable the Agency to timely make such payments pursuant to the Develepef any such DDA, the excess amount shall promptly be paid to the City. Section 4. Pursuant to California Revenue and Taxation Code Section 7280.5(d) and ^a� ttaehnent Ne 5 to the DD^, this Ordinance may not be amended, modified, or repealed prior to the termination date set forth in Section 2 in a manner that jeopardizes or impairs tl D Iaper° any rights under any outstanding the DDAs without prior written consent of the dDeveloper. 02ord/2974-4/25/02 3 Pfepet4ies, Ltd.'s right under the DDA to any of the pa, fedtebefna thereunder}: Section 5. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. Section 6. The City Clerk shall attest to the adoption of this Ordinance and the same shall be published in accordance with law. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of November 1988 . ayor ATTEST: APPROVED AS TO FORM: City Clerk �;n--Qity Attorney Lrz- R EWED VD APP VED: IN TIA D AND APPROVED : v ( C y Administrator Dite for of Economic Delrelopment H. B. Redevelopment Project Sub-Area 5 Main-Pier ATTA-,'CIHI..M..'E 'N-T' #4. z r N Huntington Beach Redevelopment Project Subarea 5 0 --- City of Huntington Beach ^���-- RCA ROUTING SHEET INITIATING DEPARTMENT: Economic Development Dept. SUBJECT: CITY/AGENCY TRANSIENT OCCUPANCY TAX ALLOCATION COUNCIL MEETING DATE: May 6, 2002 . .. RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) Signed in full by the City Attorney Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbudget, over $5,000) Not Applicable Bonds If applicable Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable ..... .. .. EXPLANATION FOR MISSING ATTACHMENTS `- REVIEWED RETURNED FORWARDED_ Administrative Staff Assistant City Administrator Initial City Administrator Initial GP%w City Clerk -r—/e,� ... .. .... EXPLANATION FOR RETURN OF ITEM. Space . Only) RCA Author: Biggs, 5909 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Connie Brockway,City Clerk Office of the City Clerk Liz Ehring, Deputy City Clerk II To: Date:��f"��Z-7L0 2- Meeting Date: .5 6 0 y Agenda Item: —� Proposed City Council Agenda Items: The City Clerk's Office/City Administrator's Office must return your agenda item due to the following requirements that have not been met. When your Agenda Item is ready to resubmit, please return to: Elaine Kuhnke, Management Assistant, Administration 1. Signature(s)Needed A On RCA B On Agreement C 2. Attachments A Missing B Not identified C Other 3. Exhibits A Missing B Not identified C Other 4. Insurance Certificate(Proof Of Insurance) A Not attached B Not approved by City Attorney's Office C Signed form notifying City Clerk that department will be responsible for obtaining insurance certificate on this item.(See form attached) 5. Wording On Request For Council Action(RCA)Unclear A Recommended Action on RCA not complete B Clarification needed on RCA C Other 6. City Attorney Approval Required 7. Agreement Needs To Be Changed A Page No. 8. Other ,P�zoa-e: R-�-�- �� i 4e � 6 . 27,0 d i G:aganda/mhWrcafonn J. CITY OF HUNTINGTON BEACH o c i Inter-Department Communication F _ TO: Connie Brockway, City Clerk r, D x� FROM: Gail Hutton, City Attorney DATE: July 1, 2002 SUBJECT: City of Huntington Beach Redevelopment Agency Ordinance No. 2 and City of Huntington Beach Ordinance No. 3559 July 1, 2002, Agenda Item G-la (Second Reading) It has been brought to my attention that Ordinance No. 3559, which revises chapter 3.28, and the accompanying Redevelopment Agency Ordinance No. 2, inadvertently referred to October 24, 1998, as the date that Redevelopment Agency Ordinance No. 1 was adopted. However, October 24, 1988 was the first-reading date, and November 7, 1988 was the actual date that Ordinance No. 1 was adopted. Therefore, please replace the pages referring to an incorrect date of adoption with the pages attached to this memorandum. This mistake is minor, typographical and resulted from clerical error. I apologize for any inconvenience this has caused your record- keeping process. Gail Hutton -7 City Attorney /tv Attachments &WIvihill/02Memo/Clerk-Ord.2&3559 alu ORDINANCE NO. 2 AN ORDINANCE OF THE REDEVELOPMENT AGENCY OF THE CITY HUNTINGTON BEACH AMENDING ORDINANCE NO. 1 AND LEVYING A TAX ON E PRIVILEGE OF OCCUPYING A ROOM OR ROOMS IN A HOTEL, INN, TO HOME OR HOUSE, MOTEL, OR OTHER LODGING LOCATED WITH THE MAIN-PIER REDEVELOPMENT SUB-AREA OF THE H TINGTON BEACH REDEVELOPMENT PROJECT WHEREAS, California venue and Taxation Code Section 7280.5 permits the redevelopment agency of any city which has levie transient occupancy tax pursuant to Section 7280 to adopt an ordinance levying a transient occupa tax if the city's ordinance entitles any person subject to the tax under the city's ordinance to credit the a ount of taxes due to the agency against the payment of taxes due under the city's ordinance; and The City Council of the City of Huntin on Beach ("City")has adopted a transient occupancy tax ordinance consistent with the provisions of R venue and Taxation Code Sections 7280 and 2780.5; and On O�24, e Agency adopted Ordi nce No. 1 which levied a transient occupancy tax on erty within the Main-Pier Re velopment Project sub-area of the Huntington Beach Redevelopment Project; and The Agency desires to levy a transient occupancy tax to e applicable to the privilege of occupying a room or rooms in a hotel, inn, tourist home or house, otel, or other lodging located within the entire Main-Pier sub-area of the Huntington Beach Redevelopm t Project. NOW,THEREFORE,THE REDEVELOPMENT AGENCY O THE CITY OF HUNTINGTON BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Lew of Transient Occupancy Tax. The Agency here b levies a tax on the privilege of occupying a room or rooms in a hotel, inn,tourist home or house, \development r lodging located within the Main-Pier Redevelopment sub-area of the Huntington Beach ent Project. Said tax shall apply to the same extent, and with the same exceptions, as is the cout the balance of the city and as may be provided by state law, as the same may be ameime to time. SECTION 2. Rate. The rate of the transient occupancy tax imposed bnce shall be six percent (6%). The Agency reserves the authority from time to time to amendce to reduce such rate to a lesser rate,provided that such lesser rate generates sufficient revenues to nable the Agency to timely satisfy its payment obligations to the developer pursuant to all outstanding Di osition and Development Agreements and/or Owner Participation Agreements ("DDAs")by and between he Agency relating to redevelopment projects within the Main-Pier Redevelopment sub-area, as the sa e may be amended from time to time. SECTION 3. Operative Date. This Ordinance shall not be operative until the first day of the first calendar quarter commencing more than one hundred eighty(180) days after adoption of this Ordinance. The Executive Director is hereby authorized and directed to notify all persons and entities liable for collection and payment of the tax immediately after the operative date of this Ordinance. GAORDINANC\2002\agency trans tax-Final.doc I r ORDINANCE NO. 3559 ORDINANCE OF THE CITY OF HUNTINGTON BEACH NDING ORDINANCE NO. 2974 TO PROVIDE A CREDIT FOR E PAYMENT OF TRANSIENT OCCUPANCY TAXES TO THE TINGTON BEACH REDEVELOPMENT AGENCY. The City Council f the City of Huntington Beach does hereby ordain as follows: WHEREAS, Caliform Revenue and Taxation Code Section 7280.5 permits the redevelopment agency of any ci which has levied a transient occupancy tax pursuant to Section 7280 to adopt an ordinanc levying a transient occupancy tax if the city's ordinance entitles any person subjec to the tax under the city's ordinance to credit the amount of taxes due to the agency aga' st the payment of taxes due under the city's ordinance; and On November 7, 1988, the City Cou cil of the City of Huntington Beach adopted Ordinance No. 2974 allowing the Huntington each Redevelopment Agency("Agency") to receive a portion of the transit occupancy taxergenerated by hotels, inns, tourist homes or houses, motels and other lodgings located within a portion of the Main-Pier sub-area of the Hunti lopment project pursuant to Ordinance No. 1 adopted by the Agenc on October 24, 1988; an The Agency desires to receive a portion of the transient occupancy taxes generated by hotels, inns, tourist homes or houses, motels, and other lodgings located within the entire Main-Pier Redevelopment sub-area of the Huntington Beach Redevelopment Project to the extent necessary to enable the Agency to timely satisfy its.Kayment obligations under any and all outstanding Disposition and Development Agreements and/or Owner Participation Agreements ("DDAs") by and between the Agency foci edevelopment projects located within the Main-Pier Redevelopment sub-area, incluu ag but not limited to the DDA dated August 15, 1988, and all subsequent amendments thereto, by and between the Agency and RLM Properties, Ltd., and the DDA approved in June 19 9, by and between the Agency and CIM Group, LLC ; and The City Council desires to facilitate the implementation of any redeve opment plan within the Main-Pier Redevelopment sub-area and the Agency's ability to po form its payment obligations under any and all DDAs relating to redevelopment in the Mal. -Pier sub-area by providing that persons subject to the City's transient occupancy tax ordi ce in the Main-Pier Redevelopment sub-area shall be entitled to a credit against the paym t of taxes due under the City's ordinance in the amount of the transient occupancy taxes d to the Agency. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES ORDAIN AS FOLLOWS: 02ord/amend 2974-final/l/14/02 1 Hughes, Jeffrey From: Hughes, Jeffrey Sent: Thursday, June 27, 2002 11:17 AM To: Mulvihill, Leonie Cc: Brockway, Connie; Ehring, Liz Subject: Agency Ord. No. 2 AND City Ord. No. 3559 Hi Leonie- Per our brief conversation on the phone, the City Clerk's Office noticed that the adoption date of Agency Ord. No. 1 referred to in Agency Ord. No. 2 and City Ord. No. 3559 was inadvertently noted as being adopted on October 24, 1988, when the actual adoption date was November 7, 1988 (October 24, 1988 was it's first reading date). The reference to Agency Ord. No. 1 within Agency Ord. No. 2 is at the beginning of the 3rd paragraph on the first page. The reference to Agency Ord. No. 1 within City Ord. No. 3559 is at the end of what could be considered the 2nd paragraph on the first page. In addition to the revised first pages of Agency Ord. No. 2 and City Ord. No. 3559, please submit to the City Clerk's Office a memo verifying that the"switch" in dates are only considered typographical errors and that the ordinances themselves don't have to go back to first reading. The two ordinances are scheduled for their second reading (adoption)this Monday, July 1, 2002 as Agenda Item G-1 a. Any questions please call me. Thank you. Jeffrey Hughes Deputy City Clerk x5260 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) i CITY OF I am a Citizen of the United States and a HUNTINGTON BEACH resident of the County aforesaid; ORDINANCE NO.2 over the age of eighteen years, and not a Adopted by the Redevelopment Agency on party to or interested . in the below July i,2002 AN ORDINANCE OF THE. entitled matter. I am a principal clerk of REDEVELOPMENT' AGENCY OF ' the HUNTINGTON BEACH INDEPENDENT, a HUNTINGTONE BIEACOHI AMENDING ORDINANCE; newspaper of general circulation printed NO. 1 AND LEVYING AI TAX ON THE PRIVILEGE and published in the City of Huntington OF OCCUPYING A ROOM' OR ROOMS IN A HOTEL, Beach, County of Orange, State of INN, TOURIST HOME OR{ HOUSE, MOTEL, OWCalifornia, and that attached Notice Is a OTHER LODGING LO-{ CATED WITHIN THE MAIN-' PIER REDEVELOPMENT true and complete copy as was printed SUB AREA OF THE HUNTINGTON BEACH .REDEVELOPMENT PROJ- and published in the Huntington Beach ;ECT and Fountain Valley issues of said SYNOPSIS: Ordinance No.2 of the Redevelopment Agency newspaper to wit the issue(s) of: of,the City of Huntington j Beach amends Ordi- i nance No. 1 by levying) a transient occupancy tax (TOT) to be appli-I cable to the privilege of occupying a room orl rooms in a hotel, inn July 11 , 2002 i tourist home or house,, { motel, or other lodging located within-the entire Main-Pier Redevelop- ment Sub-Area of the, Huntington Beach Re-{ development Project, no I longer within just aPier! I declare, under penalty of perjury, that portion'of theRedevelopmentMProject Area. the foregoing is true and correct. THE FULL TEXT OF THE ORDINANCE IS AVAIL- ABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the Redevelopment Executed on July 11 2002 Agency of the City of at Costa Mesa, California. Huntington Beach a h regular meeting held Monday, July 1,2002 by the following roll call vote: AYES:.Green, Dettloff, Cook, Houchen„ Winchell NOES:Boardman ABSENT: Bauer (out of room) This. ordinance isi effective 30 days from l date of adoption. CITY OF Signature HUNTINGTONBEACH 2000 MAIN STREET HUNTINGTON BEACH, {' CA 92648 714-536-5227 CONNIE BROCKWAY, CITY CLERK Published Huntington Beach Independent July 11,2002 072-207: