HomeMy WebLinkAboutCC Ord 1392 1994-12-12
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ORDINANCE NUMBER /.99cZ
.
.\oN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE
REDEVELOPMENT PLAN, AS AMENDED, FOR THE RIVERFRONT
REDEVELOPMENT PROJECT, AS AMENDED, OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SEAL BEACH
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS:
Section 1. On March 3, 1969, the City Council, pursuant to
Ordinance No. 780 of the City, approved and adopted the
Redevelopment Plan for the Riverfront Redevelopment Project.
Section 2. On August 12, 1974, the City Council, pursuant to
Ordinance No. 937 of the City, approved and adopted an amendment to
the Redevelopment Plan, making certain changes to the text of the
Redevelopment Plan.
Section 3. On December 29, 1975, the City Council, pursuant to
Ordinance No. 983 of the City, approved and adopted an amendment to
the Redevelopment Plan which made certain changes to the text of
the Redevelopment Plan and added territory to the Project Area.
Section 4. On September 14, 1981, the City Council, pursuant to
Ordinance No. 1103 of the City, approved and adopted an amendment
to the Redevelopment Plan which made certain changes to the text of
the Redevelopment Plan.
Section 5.
Ordinance No.
in connection
Redevelopment
33333.4.
On December 8, 1986, the City Council, pursuant to
1235 of the City, established certain limitations
with the Redevelopment Plan for the Riverfront
Project pursuant to Health and Safety Code Section
Section 6. On March 6, 1989, the City Council, pursuant to
Ordinance No. 1278 of the City, approved and adopted an amendment
to the Redevelopment Plan which made certain changes to the text of
the Redevelopment Plan.
Section 7. Pursuant to Health and Safety Code Section
33333.6, unless a redevelopment plan adopted on or before
December 31, 1993, contains all of the limitations required by
Section 33333.6 and each of these limitations does not exceed the
applicable time limit established by Section 33333.6, the city
council, acting by ordinance on or before December 31, 1994, ~st
amend the redevelopment plan either to amend existing time limits
which exceed the applicable time limits required by Section
33333.6 or to establish time limits that do not exceed the
provisions of subdivisions (a), (b) and (c) of Health and Safety
Code Section 33333.6. If an amendment to a redevelopment plan
added territory to the project area on or before December 31,
1993, the time limitations required by Health and Safety Code
Section 33333.6 shall commence, with respect to the redevelopment
plan, from the date of adoption of the redevelopment plan, and,
with respect to the added territory, from the date of the
adoption of the amendment. In adopting such ordinance, neither
the city council nor.the redevelopment agency is required to
comply with Article 12 (commencing with Section 33450) or any
other provision of the Community Redevelopment Law (Health and
Safety Code Section 33000, et sea.) rela~ing to the amendment of
redevelopment plans,
Section 8. Pursuant to Health and Safety Code Section
33333.6, Section XII is added to the Redevelopment Plan to read
as follows:
"XII, (S 1200) Time Limit on the Establishina of Loans.
Advances and Indebtedness
Notwithstanding any other prov~s~on of this Plan or
Ordinance No. 1235 of the City, and except as provided in
Ordinance Number
JJge,2
.
this Section 1200 and Health and Safety Code Section 33333.6
(a), (g) and (h), or as otherwise permitted by law, the time
limit on the establishing of loans, advances, and
indebtedness to be paid with the proceeds of property taxes
received pursuant to Health and Safety Code Section 33670
from the territory included in the original boundaries of
the Project Area, as described in the redevelopment plan
approved and adopted by the City's Ordinance No. 780, and
the territory added to the Project Area pursuant to an
amendment to the redevelopment plan, approved and adopted by I
the City's Ordinance No. 983, to finance in whole, or in
part, the redevelopment project is January 1, 2004. The
loans, advances indebtedness may be repaid over a period of
time longer than this time limit. This limit shall not
prevent the Agency from incurring debt to be paid from the
Low and Moderate Income Housing Fund or establishing more
debt in order to fulfill the Agency's housing obligations
under Health and Safety Code Section 33413. In addition,
this limit shall not prevent the Agency from refinancing,
refunding, or restructuring indebtedness after January 1,
2004, if the indebtedness is not increased and the time
during which the indebtedness is to be repaid does not
exceed the date on which the indebtedness would have been
paid. "
Section 9. Pursuant to Health and Safety Code Section 13333.6,
Section XIII is added to the Redevelopment Plan to read as follows:
"XIII.
(S 1300) Effectiveness of Plan
Notwithstanding Section 900 of this Plan, and except as
provided in this Section 1300 and Health and Safety Code
Section 33333.6 (a), (b) , (g) and (h), or as otherwise
permitted by law, and except for the provisions relating to
nondiscrimination and nonsegregation, which shall run in
perpetuity, the effectiveness of this Plan with respect to the
territory included in the original boundaries of the Project
Area, as described in the redevelopment plan approved and
adopted by the City's Ordinance No. 780, shall terminate on
March 3, 2009. After the time limit on the effectiveness of
this Plan with respect to the territory described in this
paragraph, the Agency shall have no authority to act pursuant
to this Plan except to pay previously incurred indebtedness
and to enforce existing covenants, contracts, or other
obligations.
Notwithstanding Section 900 of this Plan, and except as
provided in t,his Section 1300 and Health and Safety Code
Section 33333.6 (a), (b) , (g) and (h), or as otherwise
permitted by law, and except for the provisions relating to
nondiscrimination and nonsegregation, which shall run in
perpetuity, the effectiveness of this Plan with respect to the
territory added to the Project Area pursuant to an amendment
to the redevelopment plan, approved and adopted by the City's
Ordinance No. 983, shall terminate on March 3, 2014. After the
time limit on the effectiveness of this Plan with respect to
the territory described in this paragraph, the Agency shall
have no authority to act pursuant to this Plan except to pay
previously incurred indebtedness and to enforce existing
covenants, contracts, or other obligations."
Section 10.
Section XIV
follows:
Pursuant to Health and Safety Code Section 33333.6,
is hereby added to the Redevelopment Plan to read as
-XIV
(8 1400) Payment of Indebtedness and ReceiDt of
ProDertv Taxes
Notwithstanding any other prov1s1on of this Plan, and except
as provided in this Section 1200 and Health and Safety Code
Section 33333.6 (a), (c), (g) and (h), or as otherwise
permitted by law, the Agency shall not pay indebtedness with
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Ordinance Number ~.;r~~
the proceeds of property taxes received pursuant to Health
and Safety Code Section 33670 from the territory included in
the original boundaries of the Project Area, as described in
the redevelopment plan approved and adopted by the City'S
Ordinance No. 780, or receive property taxes pursuant to
Health and Safety Code Section 33670 from such territory
after ten years from the termination of the effectiveness of
this Plan with respect to such territory. These limitations
shall not be applied to limit the allocation of taxes to the
Agency to the extent required to eliminate project deficits
created under subdivision (g) of Health and Safety Code
Section 33334.6 in accordance with the plan adopted pursuant
thereto for the purpose of eliminating the deficits or to
the extent required to implement a replacement housing
program pursuant to Health and Safety Code Section 33413. In
addition, these limitations shall not affect the validity of
any bond, indebtedness, or other obligation, including any
mitigation agreement entered into pursuant to Health and
Safety Code Section 33401, authorized by the City Council,
or the Agency pursuant to the Community Redevelopment Law,
prior to January 1, 1994, or the right of the Agency to
receive property taxes pursuant to Health and Safety Code
Section 33670 to pay the bonds, indebtedness or other
obligation.
Notwithstanding any other provision of this Redevelopment
Plan, and except as provided in this Section 1200 and Health
and Safety Code Section 33333.6 (a), (c), (g) and (h), or as
otherwise permitted by law, the Agency shall not pay
indebtedness with the proceeds of property taxes received
pursuant to Health and Safety Code Section 33670 from the
territory added to the Project Area pursuant to an amendment
to the redevelopment plan, approved and adopted by the
City'S Ordinance No. 983, or receive property taxes pursuant
to Health and Safety Code Section 33670 from such territory
after ten years from the termination of the effectiveness of
this Plan with respect to such territory. These limitations
shall not be applied to limit the allocation of taxes to the
Agency to the extent required to eliminate project deficits
created under subdivision (g) of Health and Safety Code
Section 33334.6 in accordance with the plan adopted pursuant
thereto for the purpose of eliminating the deficits or to
the extent required to implement a replacement housing
program pursuant to Health and Safety Code Section 33413. In
addition, these limitations shall not affect the validity of
any bond, indebtedness, or other obligation, including any
mitigat~on agreement entered into pursuant to Health and
Safety Code Section 33401, authorized by the City Council,
or the Agency pursuant to the Community Redevelopment Law,
prior to January 1, 1994, or the right of the Agency to
receive property taxes pursuant to Health and Safety Code
Section 33670 to pay the bonds, indebtedness or other
obligation. ·
Section 11. This Ordinance is adopted pursuant to Health and
Safety Code Section 33333.6(e).
Section 12. If any section, subsection, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by the decision of any 90urt of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance and each
section, subsection, sentence, clause and phrase hereof,
irrespective of the fact that anyone or more sections,
subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 13. The City Clerk shall certify to the adoption of this
Ordinance and is hereby directed to publish this Ordinance in
accordance with law.
Ordinance Number ~
PASSED, APPROVED and ADOPTED by the City Counci~~~
se~BeaC~4 atja meeting th eof held on the /'~
t, h/I.JI~~ . 1994 by. e follow'ng vot~'
AYES: COUNCILMEMBER
the City of
day of
NOES:
COUNCILMEMBER
COUNCILMEMBER
ABSENT:
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a newspaper
of general circulation, printed and
published weekly in the City of ~
Beach. County of Orange and which'
newspaper has been adjudged a
newspaper of general circulation by
the Superior Court of the County of
Orange, State of California, under the
date of 2/24n5. Case Number A82583;
that the notice of which the annexed
is a printed copy (set in type not
smaller than nonpareil), has been
published in each regular and entire
issue of. said .newspaper and not in
any supplement thereof on the
following dates, to-wit:
1~/~
all in the year 19 94.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
this
, 19....e.i...
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(310)430-7555
Ordinance Number ~~~
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
~!~NY~. .~~.~e.~~. ,I.~~
SUMMARY
ORDINANCE NUMBER 1382
AMENDING RIVERFRONT
REDEVELOPMENT
PROJECT PLAN
Ordinance Number 1382 of the
City 01 S'.I B.aCh, amends the
Redevelopment Plan lor the
Riverfront Redevelopment Project
ID pnMde certak'lllmda II requ r&d
by AS 1290. 1) a time limit on
l.tabUshmg debt - this 1111III must
not exceed 2~om the
_of'" ""plan
Dr Janus'l ., 2004. whichever IS
la.er; 2) 8 lime lura"1 on the
effectIVeness of the redevelopment
plan - d'ulllmd n1.Ist not exceed 40
years from the adoption of the
ntdevetopmenl pmn or January 1.
2009. whicheve, .s later: and 3) a
limo bmrt on !he _yment of debt
- this limit muSI not Ixceed 10
years from the limit on the
ilffecbveneas 01 the redevelopment
alan. OrcinInce NuntJer 1392 was
Introduced a. the regular Clly
Council_~of_r28tlj.
1994 and ,.,al reading WBS
0IlPIlMICl by'" -..g_'
AYES: BIllWII. Doono. Foroylho.
1~'r'rJ.:'
MobonCemed
Ordinance Number 1392 WIll
receIVe second reading and be
conSidered tor aclofllon al Ihe
regular City CounCI meeting of
Decemb,r 12th, 1994 Caples of
Ordinance Number 1392 are
aViUlable Imm the offtce oIlhe City
Clerk. City Hall, 211 - Bth Street,
Seal Beach, telephone (310) 431.
2527.
DATED THIS 14th day of
November. 1994
.. Joanne M Yea, City Clerk
, "C1Iy of Soal Beach
Pub. _Beech Sun 12JOB194
,
Ordinance Number ~~
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a newspaper
of general circulation, printed and
published weekly in the City of Seal
Beach, County of prange and which
newspaper has been adjudged a .
newspaper of general circulation by
the Superior Court of the County of
Orange, State of California, under the
date of 2124n5. Case Number A82583;
that the notice of which the annexed
is a printed copy (set in type not
smaller than nonpareil), has been
published in each regular and entire
issue of said newspaper and not in
any supplement thereof on the
following dates, to-wit:
Ill:>"
.
all in the year 19J1.[..
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, California,
this \:l day o'b-"'-('.""'" 19~.
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~,.._ C1.5\~~
Signat.ure
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(310)430-7555
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
c'
_'":lL;l1 \IT',~IZ 'i
........................................................ ..
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C\::.D'N"'..K.2. N..YIJ~Jr::t.: 1::::'C"i:::"
........................................................ ..
SUMMARY
ORmNANcENUMBER1~
AMENDING RIVERFRONT
REDEVELOPMENT
PROJECT PLAN
Ordin,nc8 Number 1392 of th,
City of S.al Beach, amends Ih.
: Redevelopment Plan for tne
RlV8rtronl RocIevelopmenl Project
, fl> pIOVIde CIfIIlIn _ .. required
by AB1290: 1) . time limit on
atabI.....IIQ dllbt - thll ltmn: must
nol exe.act 20 yel's from the
_ of the rede"""""''' plan
or January 1, 2004, whIchever I'
late; 2) . lime Ilmll on the
en_ '" the _lOpmenl
plan -lIlIo"" _ not 0llCI8d 40
y..r. from the adoption of tn.
iedevelopment plan or January_ 1,
2009. wtucheYer II \ltar; and 3) 8
limo IrnII on DIe ....._ 01 debt
- this limit mUlt not exc.ed 10
y!ars hom 'he 11m" on the
.,..,,11....... of the redeveJopment
plan. Ordinance Number 1382
__ _nil 1881l!nD and_
adopted by the CitY' Council at .
regular meeting thereot held on
12\11 doy of 0 .w,1llll4llfthe
fD-.g_:
AYES: _. _ne. _"Ill.
LoRm
NOES: None
~="'"
CapIoo 01 Otdnanoe _1382
.,. IVBIIIbIe tram the oIfIce or the
Clly Cleric, City Hen. 211 - 8th
-. &.I _18lop/IJnI (310)
431-2527.
DATED THIS 30th day of
_'.Illll4.
JoemeM. Yeo.CllyClelk
CIty "'--
...... SeeI_Sun 11121115
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