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HomeMy WebLinkAboutCC AG PKT 2006-04-24 #M AGENDA REPORT DATE: Apri124,2006 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: ADOPTION OF ORDINANCE NO. 1544 TERMINATION OF SURFSIDE REDEVELOPMENT PROJECT AREA SUMMARY OF REOUEST: Waive further reading and Adopt Ordinance No. 1544, An Ordinance of the City of Seal Beach Terminating the Surfside Redevelopment Project Area by Amending the Surfside Redevelopment Plan to Shorten Its Duration. BACKGROUND: The City Council considered this matter on March 13, 2006 and introduced the subject ordinance. It is now appropriate to adopt the subject ordinance. FISCAL IMPACT: None. RECOMMENDATION: Waive further reading and Adopt Ordinance No. 1544, An Ordinance of the City of Seal Beach Terminating the Surfside Redevelopment Project Area by Amending the Surfside Redevelopment Plan to Shorten Its Duration. e Whittenberg Director of Development Servic Agenda Item M \IDA T AFILEIUsersILWhittenbcrg\My lloctnnent,ICity COIJIIciJlOrdillllllCo ] S44 Adophon (SurlSide RDA TenninatIon),CC Stalf Report docILW\03-IS.o6 Adoption of Ordinance No, 1544 - Termination of Surftide Redevelopment Project Area City Council Staff Report April 24, 2006 Attachment: Ordinance No. 1544, An Ordinance of the City of Seal Beach Terminating the Surfside Redevelopment Project Area by Amending the Surfside Redevelopment Plan to Shorten Its Duration 2 Ordinance 1544 Adoption (Surfilide RDA Tennmation),CC S1lIff Report ORDINANCE NO. 1544 AN ORDINANCE OF THE CITY OF SEAL BEACH TERMINATING THE SURFSIDE REDEVELOPMENT PROJECT AREA BY AMENDING THE SURFSIDE REDEVELOPMENT PLAN TO SHORTEN ITS DURATION WHEREAS, the Seal Beach City Council adopted the Redevelopment Plan for the Surfside Redevelopment Project ("Surfside Project") in 1982; and WHEREAS, the Surfside Project has been inactive since at least 1990; and WHEREAS, the Redevelopment Agency for the City of Seal Beach ("Redevelopment Agency") has not received any tax increment revenues since at least 1990; and WHEREAS, the Redevelopment Agency retained the services of Keyser Marston Associates, Inc. ("KMA") to, inter alia, assess the financial feasibility of terminating the Surfside Project; and WHEREAS, KMA obtained a legal opinion from Murphy & Davis, LLP, Attorneys at Law, ("M&P") that the City may terminate a project by shortening the duration of its redevelopment plan pursuant to Health & Safety ("H&S") Code Section 33333.8 (a) provided that, with respect to that project area, the Agency has satisfied its affordable housing obligations by: (i) providing replacement housing to the extent required under H&S Code Section 33413(a); (ii) complying with inc1usionary housing requirements to the extent required by H&S Code Section 33413 (b); (iii) expending or transferring its low and moderate income housing funds as provided by the H&S Code; and (iv) complying with all other applicable provisions ofH&S Code Section 33333.8 (a). WHEREAS, M&P provided the legal opinion that the City may terminate the Surfside Project by shortening the duration of the Surfside Redevelopment Plan because the Agency has satisfied its affordable housing obligations thereto; and WHEREAS, the Agency has transferred or will transfer all of its remaining low and moderate income housing funds from the Surfside Project to the Riverfront Redevelopment Project as provided by H&S Code Section 33334.12; and WHEREAS, the Agency and City held duly noticed public hearings in 2005 to consider amending the Surfside Redevelopment Plan to terminate it and the Agency thereafter recommended that the Surfside Redevelopment Plan be terminated. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: I\DATAFILEIUsenlL Whi_berg\My DocumentslORD\Surtilide RDA Project Area D.ssolutiOll,DOCIL Wl03-13-06 Ordinance No, 1544 Terminating the Suifside Redevelopment Project Area April 24, 2006 Section 1. Based upon the recommendation of the Redevelopment Agency, the City Council hereby amends the Surfside Project Redevelopment Plan to shorten the duration of the Surfside Project Redevelopment Plan from December 2022 to June 30, 2006. Section 2. To the extent any low and moderate income housing funds remain in a Surfside Project Area account, the Council directs that the Agency transfer all remaining low and moderate income housing funds to the Riverfront Redevelopment Project. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of ,2006. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting thereof held on the day of , 2006 and was passed, approved and adopted by the City Council at a meeting thereof held on the _ day of - , 2006 by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers And do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. SurfslClc RDA Project Area Dwolution SurfSido RDA Project Area Dissolution -2- Ordinance No. 1544 Terminating the Suifside Redevelopment Project Area April24, 2006 City Clerk Surf.slde RDA Project Area Dissolution Surfside RDA proJc:ct Area DissolutIon - 3 -