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Home My WebLink AboutCC Ord 1604 2011-01-17ORDINANCE NUMBER 1604 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CERTAIN TIME LIMITS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE RIVERFRONT REDEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(D) RECITALS: A. The Seal Beach Redevelopment Agency ( "Agency ") is a redevelopment agency in the City of Seal Beach, created pursuant to the California Community Redevelopment Law, California Health and Safety Code Section 33000 et seq. B. The City Council of the City of Seal Beach ( "City Council ") adopted Ordinance No. 780, approving and adopting the redevelopment plan for the Riverfront Redevelopment Project. From time to time, the City Council has amended such redevelopment plan. Pursuant to California Health and Safety Code Section 33333.6, the City Council adopted Ordinance No. 1392, establishing and confirming certain time limits in the redevelopment plan for the Riverfront Redevelopment Project. Pursuant to Health and Safety Code Section 33333.6(e)(2)(C), the City Council, by Ordinance No. 1602, amended the redevelopment plan for the Riverfront Redevelopment Project to extend by one year the time limits on the effectiveness of such redevelopment plan and the time limits to repay indebtedness and receive property taxes pursuant to Health and Safety Code Section 33670 (as amended, the redevelopment plan for the Riverfront Redevelopment Project is hereinafter referred to as the "Redevelopment Plan "). C. Health and Safety Code Section 33681.12, added by Senate Bill 1096, required the Agency during the 2004 -05 fiscal year and the 2005 -06 fiscal year to make a payment for deposit in Orange County's Educational Revenue Augmentation Fund ( "ERAF ") and the Agency made such payments. D. Senate Bill 1096 amended Health and Safety Code Section 33333.6 to provide that when a redevelopment agency is required to make a payment pursuant to Health and Safety Code Section 33681.12, the legislative body may amend a redevelopment plan adopted on or before December 31, 1993, for which the time limit(s)for the effectiveness of the redevelopment plan established pursuant to Health and Safety Code Section 33333.6(a) are 10 years or less from the last day of the fiscal year in which an ERAF payment is made pursuant to Health and Safety Code Section 33681.12, to extend by one year for each year an ERAF payment was made the time limit(s) on the effectiveness of the redevelopment plan and the time limit(s) to repay indebtedness and receive property taxes pursuant to Health and Safety Code Section 33670 by the adoption of an ordinance. E. Health and Safety Code Section 33333.6(e)(3)(A) provides that prior to adopting an SB 1096 amendment ordinance, the legislative body shall conduct a public hearing, notice of which shall be mailed to the governing body of each affected taxing entity at least 30 days prior to the public hearing and published in a newspaper of general circulation in the community at least once, not less than 10 days prior to the public hearing. F. The City Council and Agency desire to extend the time limits on the effectiveness of the Redevelopment Plan and the time limits to repay indebtedness and receive property taxes pursuant to Health and Safety Code Section 33670 by two years pursuant to Health and Safety Code Section 33333.6(e)(2)(D) in accordance with paragraph (D) above. Ordinance Number 1604 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Finding The City Council hereby finds and determines that the funds used to make the fiscal year 2004 -05 and 2005 -06 ERAF payments would otherwise have been used to pay the cost of projects and activities necessary to carry out the goals and objectives of the Redevelopment Plan. Section 2. Public Hearing On January 10, 2011, the City Council held a duly noticed public hearing to introduce and conduct first reading of this Ordinance. Section 3. Effectiveness Notwithstanding any provision of the Redevelopment Plan or Ordinance Nos. 1392 or 1602, pursuant to Health and Safety Code Section 33333.6(e)(2)(D), except as otherwise permitted or required by law, the time limits in the Redevelopment Plan on the effectiveness of the Redevelopment Plan shall be extended by two years. Section 4. Rer)avment of Indebtedness and Receipt of Pror)ertv Taxes. Notwithstanding any provision of the Redevelopment Plan or Ordinance Nos. 1392 or 1602, pursuant to Health and Safety Code Section 33333.6(e)(2)(D), except as provided in subsections (g) and (h) of Health and Safety Code Section 33333.6 or as otherwise permitted or required by law, the time limits in the Redevelopment Plan for the Agency to pay indebtedness with the proceeds of property taxes received pursuant to Health and Safety Code Section 33670 or to receive property taxes pursuant to Health and Safety Code Section 33670 are extended by two years. Section 5. Continuation of Redevelopment Plan Except as amended by this Ordinance, the Redevelopment Plan is unchanged and is continued in full force and effect in accordance with its terms. Section 6. California Environmental Quality Act This Ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ( "CEQA "), and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the "Guidelines "), and the City's environmental guidelines. The City has determined that this Ordinance is not a "project" for purposes of CEQA, as that term is defined by Guidelines Section 15378. Specifically, this Ordinance is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment. (Guidelines Section 15378(b)(5)) Therefore, because it is not a "project," this Ordinance is not subject to CEQA's requirements. Further, even if this Ordinance were deemed a "project" and therefore subject to CEQA, the Ordinance would be covered by the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment. (Guidelines Section 15061 (b)(3)) As an organizational or administrative activity, the Ordinance does not have the potential to cause a significant effect on the environment and is therefore exempt under this general rule. Further, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and thus this Ordinance is not subject to CEQA. (Guidelines Section 15061(b)(3).) Section 7, Severability If any part of this Ordinance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance and this City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid or unconstitutional portion thereof had been deleted. Section 8. Certification The City Clerk shall certify to the passage of this Ordinance and is hereby directed to publish or post this Ordinance in accordance with law. Ordinance Number 1604 Section 9. Transmittal to Agency The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency. Section 10. Filing Notice of Exemption Staff is hereby directed to file a Notice of Exemption with the County Clerk within five days'of the adoption of this Ordinance pursuant to Section 15062 of the Guidelines. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a adjourned meeting held on the 17th day of January , 2011. I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on the 10th day of January , 2011 and was passed, approved and adopted by the City Council at a adjourned meeting held on the 17th day of January ,2011 by the following vote: AYES: Council Members: !� NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: �D And do hereby further certify that Ordinance Number 1604 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. : vowil 1 1 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } Ordinance Number 1604 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 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 2/24/75 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: � �anun r all in the yea r 2011. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach CA, s day, of n u a v L4 2011. Signature PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 plain Street Seal Beach, CA 90740 (562) 430 -7555 This space is for the County Clerk's Filing Stamp Proof of Publication of 00000000000000000000000000000000000000000000000 00000000000000000000000000000000000000000000000 SUMMARY AYES: Antos, Levitt, Miller, ORDINANCE Shanks, Sloan NUMBER1604 NOES None Motion carried AN ORDINANCE OF THE CITY OF SEAL BEACH Copies of Ordinance AMENDING CERTAIN TIME Number 1604 are available LIMITS WITH RESPECTTO from the office of the City THE REDEVELOPMENT Clerk, City Hall, 211 - 8th PLAN FOR THE RIVER- Street, Seal Beach; telephone FRONT REDEVELOPMENT DATED 431-2527 ext. 5 THIS 18th da PROJECT PURSUANT TO y of THE PROVISIONS OFJanuary2011 HEALTH AND SAFETY Linda Devine, City Clerk CODE SECTION 33333.6 City of Seal Beach (e)(2)(p) SB-470 The City Council hereby Published in the Seal Beach finds and determines that the Sun 01/27/2011 funds used to make the fiscal year 2004 -05 and 2005 -06 ERAF payments would oth- erwise have been used to pay the cost of projects and activities necessary to carry out the goals and objectives of the Redevelopment Plan. Notwithstanding any pro- vision of the Redevelopment Plan or Ordinance Nos. 1392 or 1602, pursuant to Health and Safety Code Section 33333.6(e)(2)(D), except as provided in subsections (g) and (h) of Health and Safety Code Section 33333.6 or as otherwise permitted or required by law, the time lim- its in the Redevelopment Plan for the Agency to pay indebt- edness with the proceeds of property taxes received pur- suant to Health and Safety Code Section 33670 or to receive property taxes pur- suant to Health and Safety Code Section 33670 are extended by two years. Ordinance Number 1604 was introduced at the regu- lar City Council meeting of January 10, 2011. Waiver of further reading and adoption of Ordinance Number 1604 was at the January 17, 2011 adjourned City Council meet- ing by the following vote: