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Home My WebLink AboutCC AG PKT 2006-03-13 #L 0 C AGENDA REPORT DATE: March 13, 2006 TO: Mayor and Members of the City Council THRU: June Yotsuya, Assistant City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: TERMINATION OF THE SURFSIDE REDEVELOPMENT PROJECT AREA SUMMARY OF REQUEST: Staff recommends the City Council introduce for first reading Ordinance No. 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 directed City staff to prepare the necessary documentation to terminate the Surfside Redevelopment Project Area. By adopting the proposed Ordinance, the Surfside Redevelopment Project Area will be terminated effective June 30, 2006, by amending the Surfside Project Redevelopment Plan to shorten the duration of the Plan from December 2022 to June 30, 2006. FISCAL IMPACT: None. The Surfside Redevelopment Project Area has been inactive and receives no tax increment funds. All debts and responsibilities of the Surfside Redevelopment Project Area are complete. RECOMMENDATION: Staff recommends the City Council introduce for first reading Ordinance No. An Ordinance of the City of Seal Beach Terminating the Surfside Redevelopment Project Area by Amending the Surfside Redevelopment Plan to Shorten Its Duration Agenda Item L C \Documents and Settings\apavlak \Local Settings \Temporary Internet Files \OLK73 \Surfside Project Area Termination CC Staff Report doc \LW \03 -08 -06 Termination of Surfside Redevelopment Project Area City Council Staff Report March 13, 2006 NOTED AND APPROVED: - - Whitt nberg . e Yots irector of Development Serv s Assistant ' ity Manager Attachment 1: Ordinance No. , 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 Surfside Project Area Termination CC Staff Report Term of Surfside Redevelopment Project Area City Council Staff Report March 13, 2006 ATTACHMENT 1 ORDINANCE NO. , AN ORDINANCE OF THE CITY OF SEAL BEACH TERMINATING THE SURFSIDE REDEVELOPMENT PROJECT AREA BY AMENDING THE SURFSIDE REDEVELOPMENT PLAN TO SHORTEN ITS DURATION Surfside Project Area Termination CC Staff Report 3 ■ of sEdie� . PLANNING J 1Q D EPARTMENT 064 (14 AGENDA ITEM L Memorandum To: Mayor and Members of the City Council Attention: John B. Bahorski, City Manager Quinn Barrow, City Attorney From: Lee Whittenberg, Director of Development Services Date: March 13, 2006 SUBJECT: CITY ATTORNEY REVISIONS TO ORDINANCE The City Attorney has slightly revised the implementing ordinance for this item and the revised ordinance is attached and is the proper ordinance to consider for introduction tonight. Revisions to the title of the Ordinance, the 5 and 6th "Whereas ", the addition of an 8th `Whereas ", and a revision to Section 1 are proposed by the City Attorney. The revisions do not change the action of terminating the Surfside Redevelopment Project Area on June 30, 2006. Attachment: Ordinance No. 1 5 , An Ordinance of the City of Seal Beach Amending the Surfside Redevelopment Plan to Shorten Its Duration. \\DATAFILE \Users\LWhittenberg\My Documents\RDA\Surfside Termination Memo CC 03 -13-06 doc\LW03 -13-06 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 inclusionary 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 of H &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: 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. 878002_2 - 1 - 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 1544 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. City Clerk 878002_2 - 2 -