HomeMy WebLinkAboutCoast Community College District - 1989-06-19CIL/MJ OF TRUSTEEI3
Wiwi/ L. !Ileum
Paul 0. Dergef
'flatter 0. litmael
fancy A. Pclard
Airnando R. Ru!z
Kinnith T. Pnimnan, Student Tante,
C.M. Brahmbhatt
Director, Fiscal Affairs
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Coas C)0
-744w Community Coliege
District
District Administrat;on: 1370 ACarns Pwanue, Costa Mesa, California 02526
Me. Connie Brockway, CHO
City Clerk
City of Iluntington Beach
2000 Main Street
Huntington Beach, CA 92648
Enclosed is the signed original agreement beivemi thr, Coast
Community College District and the Huntington Beach RedevalorNent
Agency pertaining to Amendment No. Ona to the Oakview
Redevelopment Ple4. This agreement was approved by our Board of
Trustees on Augunt 16, 1969.
As you did not include a copy for the Coast Community College
District, am revesting that you return, by Certified Mail, a
certified copy for aur files.
If further action is
Lt (714) 432-5E47.
OhANGE COAST COU GE • GOLDPl WET COLLEGE • COASTUNE COMAIUNITY COLLEGE • KOCE-TV (50) PBS
(714) 432 .5/12() I Plrocalr.ElS Pianr.rs (711) 13247C1
(714) 432 .641115 Rift Internotion (714) 435C2
(1I4, 437 6440 (714) 4324760
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AGREEMENT BY AND BETWEEN
THE COAST COMMIE4I T Y COLLEGE DISTRICT
AND THE HUNTINGTON BE 2H REDEVELOPMENT AGENCY
PERTAINING TO Aki .NOMENT NO. ONE TO
THE OAKV1EW REDEVELOPMENT i2LAN
Thie Agre3ment is made and entered into this 16th day
of hula , 1989 by and among the Coast Community
College Dictrict (here l nafter reCJI.red to as the "District"),
the Huntington Beach Redevelopment Agency (hereinafter referred
to as the "Agency") and the City cf Huntington Beach
(hereinafter referred to as :he "City").
WHEREAS, th y Agency is a redevelopment agency existing
pursudn* to the provisions of the Community Redevelopment Law
(California Health and Snfety Code Section 3300%,, et gag.)
which hus been authorized to transact business and exercise the
powers of a redevelopment agency pursuant to action of the City
Counel of the City of Huntington Beach (the "City Council");
WHEREAE, in November 1982, the City Council adopted
Ordinance No. 2582 approving a Redevelopment Plan (the "Plan")
for the Gakview Redevelopment Project (the "Project"); and
WHEREAS, the Agency has formulated Amendment No. One to the
Dakview Redevelopment Project ("Amendment No. One").
WHEREAS, Amendment No. Ons, contains provisiori to increase
the limicstion and to extend the term for the distribution and
allocation of property tax revenues derived from property
lorated within the Oakview Redevelopment Project Area (the -
"Project Area") to the Agency pursuant to Califnrnia Health and
Safety Cods Section 33670(b) (hereafter referred to as "Added
Tax Incremen t.."); and
WHEREAS, the Project Area is located within the Distric,'s
boundarins and is served by the District, and
WHEREAS, Fiocel Review Committee meetings have been held at
which representatives of the District and other affected taxinq
entitier have discassed the fiscal impact of Amsndment No, One;
WHEREAS, meetings hers been held by representatives of the
District and representatives of the Agency to discuss the
fiscal impact of Amendment No. One on the District; and
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WHEREAS, pursuant to California Health and Safety Code
Sectioe 33401, the Agency it) authorized to compensate affected
taxing entitles, including the District, for any amounta of
money which the Agency determines are appropriate to alleviate
any financial burden or detriment caused to the District by the
implementation of Amendment No. One; and
WHEREAS, Section 33445 of the Health and Safety Code
provides autt,orization for the Agency, eith the conseat of the
City Council, to pay al_ or ')art of the value of the land and
the cost of the installation and construction of certain
buildings, facilities, structures, or other improvemencs owned
or to be owned by the District (hereinafter the "District
Facilities"), whether within or without the Project Area but
within the territorial jurisdiction of the Agenry, upon a
determination by the City Council and the Agency that such
butldiegs, facilities, structures, or other improvement° are of
benefit to the Project Area or the immediete neigliiiorhood in
which the Project Area is located end that no other reasonable
means of financing such buildings, facilities, structures, or
other improvements are available to the community (the
"community" being defined in the Community Redevelopment Law as
the City of Huntington Beach).
WHEREAS, the purpose of this Agreement is tc provide for
the appropriate payments to be made by the Agency to the
District in order to: (1) allev:ete ell significant financial
burden or detriment caused to the D4etrict by the tax
allocation provisions of Amendment Nz. One; and (2) assist the
Distriet by paying for all or part of the cost cf certait
District Facilities.
WHEREAS, this Agreement alleviates financial burden or
detriment to the District resulting from Amendment No. One.
WHEREAS, for the above reasons, and to amicably resolve any
differences regarding Amendment Nc. One, the parties hereto
enter into this Agreement.
NOW, THEREFORE, in ccnsideration of the foregoing and the
metual covenante and conditions contained herein, the parties
hereto agree as follows:
Section 1. reetinitions
The words and terms in this Agreement, unless n different
meaning clearly appears from the context, shall have the
meanings set forth ac follows:
(a) "Added Tax Increment" shall mean property tax revenues
in excess of Three Hundred Fifty Thousand Doliars ($350,000
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per fiscal year including the Property Tax Increment set fcrth
in Health an Safety Code Section 33334.2 attributable to
increases in the asseesed valuation of property located within
the Project Area above the valuation shewn on the 1902-1903
assess e ent roll, which tax revenues are allocated and paid to
the Agee.cy pursuant to California Health and Safety Code
Section 33670(b) in accordance with Amendment No. One .
(b) "Agency" shall mean the Huntington Beach Redevelopment
Atlency.
(c)"City" shall mean the City of Huntington Beach, a
municApal cor2oretion.
(d)"Community Redevelopment Law" C'all mean Part 1 of
Division 24 of the Health Es Safety Code (commencing with
Sactirn 33000).
(e)"District" shall mean the Coast Commun3ty College
Distviet, and its successors.
(f)"Distriet Share" shall 'roan that portion of t.,e Added
Tax Increment allocated to and received by the Agency pursuant
to Heilth and Safety Code Section 33670(b) resulting from the
general purpose tax levy of the District.
(g)"Existing Inc:e melt Flow- &nail mean the full amount
of Property Tax Increment allocated and paid to the Agency in
accordance with the Plan, exclusive of any and all Added Tax
Increment so allocated in accordance with Amendment No. One.
(h)"Fiscal Year" shall mean the period from July 1 tr and
including the following June 30.
(i)"Ordinance" shan mean Ordinance No. 3ce2_ (tha
ordinance approving Amendment No. One).
(j)"Project Area" shall mean that area so designated ir
Amendment No. One as approved by the Ordinance.
(k)"Property Tax Increment" shall mean ifel full amount cf
tax revenue attributable to increases in assessed valuation
above the valuation shown on the 1982-1983 assessment roll,
which tax revenues are allocated and pei6 to tne Agency
pursuant to California Health and Safety Cade rection 33670(b)
from the Preject Area.
(1) "Term" shall mean the peciod of t4oe AmPndment No. One
remains in effect.
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Section 2. Payment_by_Aggagy_to_plitEigt
(a) Subject to the provisions of Section 3 of th4.s
Agreement, for each Fiscal Year during the Term in which the
Agency receives an allocation and payment of Property Tax
Increment, the Agency shell deposit into a special fund of the
Agency pursuant to subdivision (c) of this Section 2, fifty
percent (50%) of the Divtrict Share. The District and the
Agency agree that the base assessed valuation used in computing
such payments shell be established by the assessment roll for
the 1982-83 Fiscal Year.
(I)) In addition to the foregoing, for each Fiscal Year
during the Term in which the Agency receives an allocation and
payment of Property Tax Increment pursuant to Health and Safety
Code Section 33670(b, the Agency further agrees to deposit
into a special fund of the Agency pursuant to subdivision (c)
of this Section 2, an amount equal to all of the Added Tax
Increment allocated to and paid to the Agency for the
applicable Fiscal Year pursuant to subdivieion (b) of Section
33670 which are attributable to: 1) increases in the rate of
tax imposed for the benefit of the District which levy occurs
alter the tax year in which the Ordinance becomes effective,
and 2) increases in the assessed valuation of the taxable
property ......ceted in the Project Area above the valuation shown
on the 1982-1983 assessment roll pursuant to subdivision (a) of
sec t ion 3361e, which are, or otherwise would he, calculated
annually pursuant to subdivision (f) of Sectiun 110.1 of the
Revenue and Taxation Code. Such payments shall be made
pursuant to the District resolution adopted in accordance with
Section 33676(b) of the Health and Safety Code electing to
receive payments pursuant tc S e ctions 33676(a)(1) and
33676(a)(2).
‘c) Subject to Section 3 below, funds to be denositcd by
the Agency on behalf of the District pursuant to this Agreement
shall be placed in a special fund of the Agency to be utilized
pursuant to the direction of the District sole3e , for the
purpcees permitted under Section 4. The special fund shall he
held in a separe_e interest-bearing account on behalf of the
District, with interest accruing to said account. The Agency
undertakes no responsibility or duty with respect to the
selection of the interest-bearing account or for the maximizing
of interest. The Agency agrees to cooperate with the District
in selecting the interest-bearing account. The District
covenants that it shall expend revenues received by the
District pursuant to this Agreement only in strict conformity
with this Agreement.
(d) Payments pursuant to Sections 2 and 3 are subject to
the conditions and limitations set forth in parts (a) through
(i) of Section 6 of this Agreement.
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Section 3. Alternate Payment ProcedLre
As an alternative to the payment procedure set forth in
Section 2, the District may elect to have all payments that are
to ba deposited by the Agency made in one of the following
manners:
a.to a nonprofit corporation to be formed by the
District; or
b.directly to the contractors and suppliers of the
District who aee constructing capital improvements on District
v. Facilities as described in Section 4. Should the District
elect to have the payments received as described in this
Section 3(b), the Agency shall deposit the funds trto a
separate interest-bearing account on behalf cf the District
(with interest accruing to eaid account), and the Agency snail
be entitled to withdraw from said fund all costs (including
personnel and administrative coets) in administering said
fund. The Agency undertakes no responsibility or duty with
res p ect to the selection of interest-bearing ccounts or from
the maximizing of interest. The Agency agrees to cooperate
with the District in selecting the interest-bear‘ng account.
section 4. District Expenditure of Revenues
All funds paid by the Agency p ursuant to Section 2 or 3 of
this Agreement shall be expended on capital impeovement
projects selected by the District. Upon written request by the
Agency as may be made so often as the Ageecy shall deem
appropriate, the District shall promptly provide withoat charge
a written statement accounting for tie expenditure of funds,
together with any reports to state agencies pertaining co such
expenditures or the subject improvements.
Section S. A g enc y Bonds
It is agreed and acknowledged by the District tnat the
Agency may issue bonds and assume obligations to the fullest
extent permitted by law, and that the Agency may pledge all or
any portion of the Added Tax Increment to the repayment of any
such obligations; provided that the inclusion of such a pledge
of Added Tax Inctement attributable to the general purpose tax
levy ot the District shall be allowable as a pledge only either
(i) with the written consent of the District or (ii) the Agency
cotenants not to utilize the amount due the District in
establishing the size of any such bond issue. The District
agrees that it shall promptly approve and eracute such
documents as are necessary or convenient to implement this
Section 5 and facilitate the iseuance of bonds (or other
indebtedness) by the Agency, so long ate such documents are
consistent with this Section 5.
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Saction 6. Conditions
Payments to be deposited by the Agency on behalf of the
D3strict are subject to the following cond!.tions and
limitations:
(a) Agency's obligation under this Agreement to deposit
payments on behalf of the District is deemed to constitute "an
indebtedness" within the meaning of Health and Safety Code
Sections 33670 and 33675.
(b)Agency shall deposit en behalf of the District nmounte
due pursuant to this Agreement during each Fiscar Year within a
reasonable period after the Agency receives the Added Tax
Increment allotment from the County Auditor-Controller provided
that payments in relation to allotments received between July 1
and December 31, of any Fiscal rear shall be mado no later than
the following February 28; and that payments in relation to
allotments reL3ived bntween January / and June 30, of any
Fiucul Year shall be made no later than the following August 30.
(c)The Agency's obligation to make payments hereunder
chall be limited to Aided Tax Increment from the Project Area
received by the Ageoy. In no way shall the Agency be liable
for such obligations from revenues of other redevolopment
project areas ti tbe City or from Existing Increment Flow or
fro'- arty other revenues. The City shall have no financial
obligation or any other obligations by virtue of this Agreement.
(d)The Agency shall not be obligated to defend any action
challenging the validity of any payments hereunder by Agency to
District; provided Agency shall cooperate in connection with
the District's defense thereof.
(e)Notwithstanding any other provisionc of this Agreameqt
to the contrary, the Agency's obligation to make payments to
the District under this Agreement in any single year shall
not: (i) exceed the amount of Addad Tax Increnont which would
have been receiveo by thc District if all the Added Tax
Increment from the Project Area had been allocated to all the
affect*d taxing agencies without regard to the division of
taxes required by Health and Safety Code Section 33670; (ii)
violate the expenditure limitation under Article XIIIB of the
California Constitution of such entity; or (iii) be contsary to
any provision of the lhws of the State of Californie.
(f)No paymEnts shall be made by the Agency from the Added
Tax Increment to the District except as expressly set forth in
Sections 2 and 3 of this Agreement,
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tg) The District shall indemnify, defend and hold harmless
the Agency from any cla:ms, liabilities and causes of action
asserted by any third party against the Agency by reason of the
Agency's payment of funds in the manner described in Sections 2
and 3 of this Agreement.
(h)Failure by the Agency to deposit payment on behalf of
the District into a special fund of the Agency pursuant to the
terms of this Agreement shall constitute a default hereunder.
(i)Payments made after the times described in Section
6(b) uhall bear interest at the maximum allowable rate
permitted by law from the date such payments are due and both
principal and 4 nterest thereon shall be deposited by Agency in
the special account nf Agency..
The District agrees and covenants that it shall not f13e
participate in opposition to the Agency in any lawsuit
attacking or otherwise questioning the valieity of Amendment
No. One, the adoption or approval of such Amendment No. One,
any of the findings or determinations made by Agency or City
Council of the City in connection with the adoption of
Amendment No. One.
The District dec]eres that it has conducted all such
investigation and study of matters pertaining te the subject
matter of thia Agreemeet as it has deemed appropriate. The
District finds and 6eteemines that this Agreement alleviates
financial burden and detriment ss presently euists to the
District resulting from Amendmert No. One. The District agrees
and acknowledges that the provision of the continuing
effectiveness of such declaration is a material inducement to
the Agency to approve this Agreement, and that but for such
decleration the Agency would nut approve and execute this
Agreement.
In the event and to the extent tax increments are withheld
from the Agency by reason of the pendency of any such cause of
action, case, claim, count, action, or complaint filed by any
public or private parson or entity, or otherwise withheld, the
District agrees not to claim interest on any such withLeld
funds. The Agency's responsibility for making any
reimbursement otherwise Leguired by this Agreement shall accrue
and be paid to the District when and if available at the
conclusinn of litigation. The time for the Agency performance
hereunder shall be excused foz the duration of such litigation.
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%lotion 8. FAtla Agreement
This Agrrrement constitutes the entire agreement between the
Agency a nzi District with respect to the matters set fcrth
herein, and any changes, modifications or amendments thereto
shall be legally binding and effective only upon duly executed
written amendment hereto.
This Agreement shall become effective the date last
executed below and shall continue in effect until Agency is
deactivated pursuant to Section 33141 of the California Health
and Safety Code or its successors; provided that this Agreement
shall terminate automatically and he of no further force or
effect in the event that Amendment No. One is not adopted on or
before December 31, 1989, or in tho event the adoption of
Amendment No. One should be set aside or annulled Ls the
of litigation.
IN WITNESS WHEREOF, the parties hereto have executek:
this Agreement on the day and year firs,: above written.
COAST COMMUNITY COLLEGE DISTRICT
Vice Chance or, Business Affairs
C. M. Brshmbhatt
Director, Fiscal Affairs
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10251 Ycrktown Avenue • Huntington bleach, California 92646
(714) 964•3339 FAX (714) 963.7684
Board of Truitoes:
Jerry Sullivan. PrisIdent
Ll(10:/ MOletOr•PeteriOn, lfiC0 PreVdent
enermayna Bohmen. Clerk
Bonni e eastrey, Alternate Clerk
David Warrield. Member
Lowrance Kemper. Ed.D., Suoo r tntandant of Schoola
,
Mr. Wes Bannister, Chairman
Huntington Beach Redevelopment Agency
Huntington Beach City Hall
2000 Main Street
3untington Beach, CA 92648
4.0
Dearlir—BaoniT67:
I am returning the agreement which pertains to the Oakview Re fievelopment Plan
between the district and the Redevelopment Agency of the City of Huntington
Beach.
The Paard of Trustees has asked that I share their appreciation for your
courtesy and cooperation in the matter of pass-through funds associated with
redevelopment.
All of us appreciate your willingness to work with
other areas.
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Muntlrgton WA • Welt/Melo • Milian • FOultt•ln Volley • Moon • °c y an Mr. • [venlig MO 3c,10x.1 • Agutt !thud • Guiefince Comer • WIAterstftst$ • Ethnotim "••Per
IPA T .-.4144101l7gafii;;;', :Orgriai ,i—si'.#1W
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larv.PO • STREET
;:eNTINGTON BEACH, CAUFOANIA 12647
714/04:4511
FAX Ffello.N17-14.10
Connie Brockway, CMC
City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 926
Enclosed, as requested, is tha executed original agreement
between Ocean View Scnool District and the Huntington Beach
Redeve/opment Agency pertaining to Amendment No. On to the
Oakview Redevelopment Plan. The agreement was Board aprroved at
the August 8, 1989 Board Meeting.
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rPlease send a certified copy of the agreement
te-ro24
James L. Jones, Jr.
Assistant Superintendent
Business Services
OCEAN Vi E%V St n FElailvTENDENT BOARD OF raus TEES
SC11001. DISTRICT, Monte McHuray
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Janet Carrick, Presidint
Merles Osterltand. Clerk
ASSISTANT SUPERINENDENTS Debra Loinweber. Member
Joseph Condon she,ta Marcus. membe,
James L. Jones. Jr Carolyn Hunt. Member
Paul Men:ter
NV 4', AA Elba, 0000ftuAl e q• E TARIM,
rye's ekorKlO001 IItI dtscnAi.nale 0,1114 WWI Cl Igo cwoder or Aamcberal
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AGREEMENT BY AND AMONG
THE COUNIY OF ORANGE,
THE ORANGE COUNTY nom CONTROL DISTRICT,
AND THE HUNTINGTON BEACH REDEVELOPMENT AGENCY
PERTAINING TO AMENDMENT NO. ONE TO
THE OAKVIEW REDEVELOPMENT PLAN
ifot
Thtg.Agreement is made and entered into this J day
of , 1989 by and among the County of Orange; the
Orange unty Floo..1 Control District (hereaftar collectively
referred to as "County Taxing Entities") and the Huntington
Bench Redevelopment Agency (hereinafter referred to as the
"Agency").
WHEREAS, the Agency is a redevelepment agency existing
pursuant to the provisions oZ the Communityliedevelopment Law
(CWfornia Health and Safety Code Section 33000, et seg.)
which has been authorized to transact business and aroreise the
powuzs of a redevelopment agency pursuant to action of the City
Council of the City of Huntington Beach (t n e "City Council");
WHEREAS, in Novembar 1982, the City Counc I adopted
Ordinance No. 2582 apprnring a Redevelopment Plan (the "Plan")
for the Oakview Redevelopment Project (the "Project"); and
WHEREAS, the Agency has formulated Amendment No. One to the
•:akview Redevslopmen ,, Project ("Amendmen t:. No. One").
WHEREAS, Amendment No. One, contains provisions to increise
the limitation for tie distribution and allocation of property
tax revenues derived from property located within the Oakvie:,
Rediwelopment Project Area (the "Project Area") to the Agency
pursuant to California Health and Safety Code section 33670(b)
(herellfter referred to as "Added Tax Increment"); ?.ad
WIEREAS, meetings have been held by representatives of the
Codnty Taxing Entities and representatives af the Agency to
discuss 'ho fiscal impact of the Project on the County Taxing
Entities; and
WHEREAS, the County of Orange (the "County") has negotiated
on behalf of all entities and departments with respect to which
the members of the Board of Supervisors serve on the g(Terning
board; and
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WHEREAS, pursuant to Califoraia Health and Safety Code
Section 35401, Agency ravy pay to the Ceunty Taxing Entities
as a taxing agency with t.erritory located in the Project Area,
an amount of money which, in the Agency' deter r anation . is
appropriate to alleviate any finanri el. burden or detriment
caused to the County Taxing Entitiee by the ft s plumentation of
Amendment No. One; and
WHEREAS, the Parties agree that the allecation of all the
tax increment revenue to the Agenc; as a result of the
mplementation of Amendment No. One as proposed would cause a
financial burden and detriment to the County Taxing Entitle.; in
that there will ha a net inctease in the quality and quantity
of County sev ,ices provided by the Orange County General Fund,
the Oreuge Count,. Harbors, Beaches ar.d Parks Fund, and the
Orange County Flood Control District; and
WHEREAS, the parties agree that the payments previded for
under this Agteement are necessaey to and are surrielent to
alleviate the abo ,'.?. financial burdens end detriments; and
WUREAC, for the above reasons, and to amicably resolve any
differences regarding Amendment No. One, the parties hereto
enter into this Agreemert.
NOW, THEREFORE, in consideration o: the foregoing and the
metu•' covenants and conditions contained herein, the parties
herrn_ agren as follows:
SSMtinn
The words and terms in this Agreement, unless a different
meaning elearly appears from the context, shall have the
meanings set forTh as follows:
(a)"Added Tax Increment" shall mean property tax revenues
in excess of Three Hundred Fifty Thousand Dollars ($35o,poo)
per Fiscal Year attributable to increases in the assessed
veluation of property located within the PIoject Area above the
valuation shown on the 1982-1963 assessment roll, which tax
tevenues are allocated and paid to the Agency pursuant to
California Health and Safety Code Section 33j70(b) in
accordance with Amendment No. One .
(b)"Agency" shall mean the Huntington Beach Redevelopment
Agency.
(c)"City" shall mean the City of Huntington Beach, a
municipal corporetion.
6/6/89
4361n/2460/034 -2-
(d)"Community Redevelopmen t ' Law" shall mean Part 1 of
Division 24 of the Health & Safety Code (commencing with
Section 31000).
(e)"County" shall mean the County of Orange, a politico'
nebdivislon of the State of California, an' its successors.
(f)"County Share" shall mean that portion of the Added
Tax Increment allocated to and received by the Agency pursuant
to Health and Safety Code Section 33670(b) resulting from the
general purpese tax levy of the County.
(q) "District" shall mean the Orange County Flood Control
District, and its successors.
(h)"District Share" shall mean that porLicn of the Added
Tax Increment allocated to and received by the Agency pursuant
to Health and Safety Code Section 33670(b) resulting from the
general purpose tax levy of the District.
(i)"Existing Increment Flow" shall mean the full amount
Property Tax Increment allocated and paid to the Agency in
accordance with the Plan, exclus ;.ve of any and all Added Tax
Increment so allocated in accordance with Amendment No. One.
(j)"Ficcal Year" shall mean the period from July 1 to and
including the following June 30.
(k)"HBP" shall mean the County of Orange Vt:rbors, beaches
Parks Fund.
(1) "HBP Share" shall mean that portion of the Added Tax
Increment allocated and received by the :".vency pursuant to
Health and Safety Code Section 23670(b) resulting from the
general purpose tax levy of HBP. In the event HBP should cease
to function, the Agency shall make Payments of those amounts
which, pursuant to this Agreement, would be payable to EBP, to
the County. Such cessation or a transfer of responsibility
from tiBP to the County shall not result in the Agency making
greater payments at the higher percentage represented by the
County Share in comparison to the HBP Share.
(m)"Ordinance" shall mean Ordinance No. 3 00 1- (the
ordinance approving Amendment N. One).
(n)"Project Area" shall nean that area so designat31 in
Amendment No. One as approved by the Ordinance.
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(o)"Property Tax Increment" shall mean the full amount of
tax revenues attributable to increases in assessed valuation
above the valuat i.on shown on the 62-1983 assessment roll,
which tax revenues are allocated and paid to the 'gency
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Pursuant to California Health and Safety Code Section 33670(b)
from the Project Area.
(p) "Term" shall mean the period of time Amendment No. One
remains in effect.
The Agency agrees to pay the County Taxing Entities and HAP
each Fiscal Year within the Term an amount equal to all of the
Added Tax Increment alocated and paid to the Agency for tha
applicable Fiscal Year pursuant to subdivision (b) of Secti_n
33673 which are attributable to increases ir. the rate cf tax
imposed for the benefit of the County Taxing Entities and HAP
which levy occurs after the tax year in which the Ordinance
adopting Amendment No. One becomes effective. Such .:rounts
shall be limited to Added Tax IncremeLt v:ich would ve been
allocated to the County Taxing Entities arG HAP 3fter an
election pursuant to Health and Safety Cod l Section
33676(a)(1), to the extent the then applicable law zeeuires
such allocat i en to an affected taxine agencf which-has made the
election under Section 33676(b),
The Agency shall pay to the District or its successors tor
each Fiscal Year an amount equal to er: Dis'erict Share which is
received by the Agency in such Fiscal Year. This Section 3
shall remain in effect throughout the Term so lung as the
District continues to function.
(a)For the first ten (10) Fiscal Years following the
effective date of the Ordinance during which the Agency
receives an allocation and payment of Property Tax Increment,
the Agency shall make no payment to the County or HAP except as
provided in Section 2 above.
(b)The Agency agrees that for each Fiscal Year commencing
with Fiscel Ye-it eleven (11) and continuing through Fiscal Year
twenty (20) in which the Agency is allocated and paid Added Tax
Increment, the Agency shall pay to the County or its succossorb
an amount equal to thirty percent (30%) of the County Share and
shall pay to HAP an amount equal to thirty percent (3%) of the
HAP Share.
(c)Commencing with the twenty-first Fiscal Year and
continuing through the riscal Year in which Amendment No. One
is terminated or expires, the Agency agrees that for each such
Fiscal Year in which the Agency is allocated and paid Added Tax
Increment, thez Agency shall pay to the County or its successors
Cirj,4r4.PWOA1714
an amount equal to fifty percent (50%) of the County Share
shall pay to HBP an amount equal to fifty percent (50%) of
HBP Shire.
(d) The County, the District, HBP and the Agenn: agree
the base assessed valuation used in computing the payments
by the Agency to the County, the District and HBP vursuant
Sections 3 and 4 of ibis Agreement shall be established by
assessment roll for the 1902-83 Fi q cal Year.
(e: Payments pursuant to Sections 2, 3, and 4 are subject
to the condi.tions and limitations set forth in parts (a)
through (g) of Section 6 of this Agreement.
# ,
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It is a,reed and acknowledged by the County Taxing Entities
and HBP that the kgency may issue bonds and assume obligations
to the fullest extent permitted by law and, except as provided
in Section 6(e) herein, that the Agency may pledge alL or any
portion of the Added Tax Increment to the repayment of any such
obligations, provided that the inclusion within sicb a pledge
of :idded TWA Increment attributable te :he general purpose tax
levy of the County Taxing Entities or HBP shall be ellowab/e as
a first and senior pledge only (1) with the consent of the
County or (ii) upon the payment by the Agency to the County,
HBP or the District (or the commitment by a trustee in
connection with the issuance of bonds to cause to he annually
paid) from the proceeds of such iusue or other revenues
available to the Agcy such revenues as would be peyable to
the County, HBP or the District in any year in which pledged
revenues would be payable to the County, HBP or the District
pursuant to this Agreement. The County agree': that it shall
promptly approve and execute such documents as are necessary
convenient to implemnt this Section 5 and facilitate the
issuance of bonds (or other indebtedness) by the Agency, so
long as such documents are consistent with this Section 5.
Payments to the County, the District and HBP are subject
the following conditions and limitatiJns:
(a)Agency'u obligation under this Agreement is deemed to
constitute "an indehedness" within the meaning of Health and
Safety Code Sections 33670 and 33675.
(b)Agency shall pay to the County, the District, and HP
amounts due pursuant to this Agreement during each Fiscal Yesr
'Athin a Leasonable period after Agency receives the Added Tax
Increment allotment from the County Auditor-Controller provided
that payments in relation to allotments received between July 1
and December 31, of any Fiscal Year shall be made no later than
the following February 28; and that payments in relation to
anotments received between January 1 and June 30, of any
Fiscal Year shall be made no later than the following August 30.
(c)The Agency's obligation to make payments hereunder
shall be limited to Added Tax Increment from the Project Area
received by the Agency. In no way shill the Agency be liable
for such obligations from revenues ef other redevelopment
project areas in the City or from Existing Increment Flow or
from any other revenues, The City shall have no financial
obligation or any other obligations by virtue of this
Agreement, and shall not be responsible for the discharge of
obligations of the Agency herein.
(d)No payment shall be made by the Agency in any Fiscal
Year pursuant to this Agreement if such payment would impair
any contract, obligation to service bonded indebtedness or the
refinancing of such existing indebtedness or any other existing
obligation entered into Ly the hgenr- nrior to the execution of
this Agreement.
(e)The Agency's obligation to make payments hereunder
shall be junior and subordinate to the Agency's obligation
under Heblth and Safety (ode Secticn 33334.2.
(f)Notwithstanding any other provisions of this Agreement
to the contrary, the Agency's obligation to make payments to
the County, HBP or the District under this Agreement in any
sin g le year shall not: (i) exceed the amount of Added Tax
Increment which would have been received b y either if all the
Added Tax Increment from the Project Area had been allocated to
all the affacted taxirg agencies without regard to the division
of taxes required by Health and Safety Code Section 33670; (ii)
violate the expenditure limitation under Article XIIIB of the
California Constitution of such eetity; or (iii) be contrary to
any provision of the laws of the State of California.
(g)No payments shall be made by the Agency from the Added
Tax Increment to any agency or division of the County (or ahy
agency administered by the County) except as expressly set
forth in Sections 2, 3 and 4 of this Agreement. The Coenty.
H8P, and the District certify thet they have not at any time
requested and do not now request the receipt of revenues
pursuant to Health and Safety Code Section 33676(a)(2) in
connection with the Project, including, without limitation,
Amendment No. One thereto.
The County, HBP and the District each agree and covenant
that they shall not file or participate in opposition to the
ardailjgau4AVfM YT
Agency in any lawsuit attacking or otherwisc questioning the
validity of Amendment No. One, the adoption or approval of ouch
Amendment No. One, any statement of indebtedness consistent
with this Agreement, or eny of the findings or determinations
made by Agency or City Council of the City in conrction with
such Amendment No. One.
This Agreement constitutes the entire agreement between the
Agency and the County, the District and IMP with respect to Lim
matters set forth herein, and any changes, modifications or
amendments thereto shall be legally binding and effective only
upon duly executed written amendment hereto.
This Agreement shall becone effective the date last
executed below and shall eontinue in effect until Agency is
deactivate0 pursuant to f,ection 33141 of the California Health
and Safety Code or it Juccessors; provided that this Agreement
shall terminate automatically and be of no further force or
effect in the evsnt that Amendment No. One ie not adopted on or
before December 31, 1989, er in the event the adoption of
AAendment Nu. One should he set aside or annulled as the result
of litigation.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first abcve written
COUNTY OF ORANGE AAD CRANGE
COUNTY FL OD CONTRCIJ DISTRICT
.0
By:
Chairman, Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS SEEN
DELIVERED TO THE CHAIRMAN OF
THE BOARD.
Linda D. Ruth
Clerk of the Board of Supervisors
County of Orange, CaliCornia
;
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Agency Legal Counselc-z-s_-..-.::-_,
Wen,eyal C9Linsel)
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Agency Specipl Counsel C,---s-ZT:.- L-
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HUUTIFIGTON BEACH REDEVELOPMENT
AGENCY
ATTEST:
t,gency Clerk Executive Director
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AGREEMENT BY AND RETWEEN
THE OCEAN VIEW ELEMENTARY SCHOOL DISTRICT
AND THE HUNTINGTON BEACH REDEVELOPMENT AGENC7
PERTAINING TO AMENDMENT NO. CNE TO
THE nAKVIEW REnEVELOPMENT PLAN
This Agreement is made and entered into this l it h day
of ALITISL 1989 by and between the Ocean View
Elementary School Distriet (hereafter refetrod to as the
"District") and the Huntington Beach Redevelopment Agency
(hereinafter referred to us the "Agen-y").
RrCITALS
WHEREAS, the Agency is a redevelopment agency existing
pursuant to the provisions of the Community Redevelopment Law
(California Health and Safety Code Section 33000, et seq.)
which has been authcrizei to transact business and exercise the
powers of a redevelopment agency pursuant to action of the City
Council of the City of Huntington Bea r h (the "City Council");
and
WHEREAS, in November 1982, the City Council adopted
Ordinance No. 2582 -e'.nroving a Redevelopment Plan (the "Plan')
for the Oakview Redevelopment Project (the "Project"); and
WHEREAS, the Agency has formulated Amendment No. One to the
Oakview Redevelopment Project ("Amendment No. One').
WHEREAS, Amendment No. One, contains provisions to increase
the limitation for the distribution and allocation of property
tax revenues dereved from property located within the Oakview
Redevelopment Project Area (the "Project Area") to the Agency
pursuant to California Health and Safety Code Section 33670(b)
(hereafter referred to as "Added Tax Increment"); and
WHEREAS, the Project Area is located within the District's
boundariee and is served by the District, and
WHEREAS, meetings have been held by representatives of the
District and representatives of the Agency to discuss the
fiscal impact of Amendment No. One on the District; and
WHEREAS, pursuant to CaliEornia Health and Safety Code
Section 33401, the Agency is authorized to compensate affected
taxing entities, including the District, for any amounts of
money which the Agency determine.: are appropriate to alleviate
any financial burden or detriment caused Lo the District by the
implementation of Amendment No. Me; and
",;
7 7f,0 ";.0.4:3
WHEREAS, Section 33445 of the Hea?th and Safety Code
provides authorization for the Agency, with the consent of the
City Council, to pay all or part of the value of the land and
the cost of the installation and construction of certain
buildings, facilities, structures, or other improvements owned
or to be owned by the District (hereinafter the "District
Facilities"), whe..her within or without the Project Area but
withi.n the territorial jurisdiction of the Agency, upon a
determinatioa by the City Council and the Agency that such
buildings, facilities, structures, or other improvements are of
benefit to the Project Area or the immediate neighborhood in
which the Projeet Area is located and that -o other reasonable
means of financing such building., facilitiec, structures, or
other improvements are available to the community (the
"community" being defined in the Community Redevelopment Law
the City of Heatineton Beach).
WHEREAS, the purpose of this Agreement is to provide Loz
the appropriate payments to be made by the Agency to the
District in order to: (1) alleviate all significant financial
burden or detriment caused to the Di5trict by the tax
allocaticn provisions of Amendment No. One: and (2) assist the
Watrict by paying for all sr part of the cost of certain
District 71ci1ities which ere of benefit to the Project Area or
the immediate neighbothood i. which the Project Area is located
and for which no other reasonable means of financing is
available to the community.
WHEREAS, for the above reasons, and to amicably recolve any
differences regarding Amendment to. One, the parties hereto
enter into this Agreement.
NOW, THEREFORE, in consideration of the foregoing and the
mutual covenants and conditions contained herein, the parties
hereto agree as follows:
The words and terms in this Agreement, unless a different
meaning clearly appears from the context, shall have the
meanings set forth as follows:
(a) "Added Tax Increment" shall mean property tax r ee:ues
in excess of Three Hundred Fifty Thousand Dollars ($350,e'::,
per fiscal year attributable to increases in the assessed
valuation of property located withill the Project Area above the
valuation shown on the 1982-1983 assessment roll, which tax
revenwes are allocated and paid to the Agency pursuant to
California Health and Safety Code Section 33670(b) in
accordance with Amendment No. One .
vo444›,
(h) "Agency" shall nean the Huntington Beach Redevelopment
Agency.
(c)"City" shall mean the City of Huntington Beach,
municipal corporation.
(d)"Community Redevelopment Law" :Alai) mean Part 1
Division 24 of the Health S Safety Code (commencing with
Section 33000).
(e)'District" shall mean the Ocean View Elementary
District, and its successors.
(f)"District Share" shall mean that portion of the Added
Tax Increwent allocated to and received by the Agency pursuant
to Health and Safety Code Section 33670(b) resulting from the
general purpose tax levy of the District.
(g)"Existing Increment Flow" shall mean the full amount
of Property Tax Inrement allocc,ted and paid to the Agency in
accordance with the Plan, exclusive of any and all Added Tax
Inctexient so allocated ix accordance with Amendment No. One.
(h)"Fiscal Year" shall mean the period from July 1
including the following dune 30,
(i)"Ordinance" shall mean Ordinance No.:‘,00;1„. (the
ordinance approving Amendment No. One).
(j)"Project Area" shall mean that area so designated in
Amendment No. One as apprcved by the Ordinance.
(k)"Property Tax Increment" shall mean the full amount
tax revenues attributable to increases in assessed valuation
above the valuation shown on the 1982-1983 assessment roll,
which tax revenues are allocated and paid to the Agency
pursuant to California Health and Safety Code Section 33670(b)
from the Project Area.
(1) "Term" shall mean thP period of time Amendment
remains in affect.
Section 2. Payment by Agency to District
(a) Subject to the provisions of Section 3 of this
Agreement, for each Fiscal Year during the Term in which the
Agency receives an allocatinn and :!ayment of Property Tax
rncrement, the Agency shal. deposit into a special fund of the
Agency pursuant to subdivision (c) of this Section 2, Eifteen
percent (15%) of the District Share. The District and the
Kgency agree that the base assessed valuation used in computing
such payments shall be established by the assessment roll for
the 1982-03 Fiscal Y'lar.
(b)In vidition to the foregoing, for each Fiscal Year
during the Term, the Agency agrees to deposit Intl a special
fund of the Agency pursuant to subdivision (c) of this
Section 2 an amount equal to all of the Added Tax Increment
allocated and paid to the Agency for the applicable Fiscal Year
pursuant to subdivision (b) of Section 33670 which are
attributable to: 1) inureases in the rate of tax impoued for
the benefit of the District which levy occurs after the tax
year in which the Ordinance becomes effective, and 2) increases
in the assessed valuation of the taxable property located in
the Project Area above the valuation shown on the 1902-1983
asaessment roll purs“ant to subdivision (a) of Section 33676,
which are, or other..ise would be, calculated annually pursuant
to subdivision (f) of Section 110.1 of the Revenue and Taxation
Code. Such amou7tes shall be limited to Added Tax Increment
which would havF teen allocated to the District after adopting
a resolution i%1 accordance with 2ealth and Safety Code Section
33676tb) electing to receive payments pursuant to Sections
33676(a)(1) 010 33676(a)(2), to the extent the then applicable
law requires su,:h allocation to an affected taxing agency which
has made the election under Section 31676(b). The District has
not alected no receive payments pursuant to Sections
J3676(a)(1) or 33676(a)(2) of the Health and Safety Code and
payments made pursuart to this Section 2(b) shall be in lieu of
payments puri;uant to said Sections 33676(0)(1) and
33676(a)(2). In the eve:it ary revenues are received by the
District pursuant to Sections 33676(a)(1) or 33676(a)(2), the
amounts toe deposited by the Agency on behalf of the District
pursuant to this Agreement shall be reduced by an amount equal
to sums received pur'uant to Section 33676(a)(1) and
33676(a)(2), with the reduction to be made at the earliest
feasible time as determined by the Agency.
(c)Subject to Section 3 below, payments to be deposited
b y the Agency on behalf of the District pursuant to this
Agreement shall be placed in a special fund of the Agency to be
utilized solely for the purposes permitted under Section 4.
The District covenants that it shall expend revenues received
by the District pursuant to this Agreement only within the
corporate limits of the City and only in strict conforrity with
this Agreement.
(d)The Agency agrees that it will indemnify and hold the
Distr:.ct harmless from any and all loss of District taxes
caused by implementation of tax increment financing in the
Project Area should the State of California fail to provide
.n . • e 017". ;wpm nr.,11 TS,
compensating sums pursuant to Education Code Section 42238 or
othur similar or successor provisions of law.
Section 3. Alternate Payment Procedure
As an alternative to the payment procedurs set forth in
aection 2, the District may elect to have all payments that
to be deposited by tha Agency made in one of the following
manners:
to a nonprofit corporation to be formed by the
b. directly to the contractors and suppliers of the
District who are constructing capital improvements on District
Facilities as described in Section 4. Should the District
elect to have the payments received as described in ti-is
Section 3(b), the Agency shall deposit the funds inco a
separate interest-bearing account on behalf of the District
(with interest accruing to said account), and the Agency shall
be entitled to withdraw from said fund all costs (inc:uding
personnel and adminiattative costs) in admiaietering said
fand. The Agency unuertakes no reaponsioility or duty with
respect to the selection of interest-bearing accoun a o or frcm
the maximizing of interest. The Agency agrees to cooperate
with the District in selecting the interest-bearing account.
Payments pursuant to Sections 2 and 3 are subject to the
conditions and limitation set forth in parts (a) thratagh (h)
of Section 6 of this Agreement.
Section 4. District Expenditure of Revenues
All funds paid by the Agency pursuant to Section 2 or 3 of
this Agreement shall be expended on capital improvement
projects selected by the District bu'a :Ihich shall be situated
within the City. Reasonable priurity will be given to
facilities of direct benefit to the community, such as library
and recreational f ,ciliaies. Upon written request by the
Agency as may be made so often as the Agency shall deem
apppropriate, the District shall promptly provide without
charge a written statement accounting for the expenditure of
funds, together with any reports to state agencies pertaining
to such expenditures or the sabject improvements.
It is agreed and acknowledged by the District that the
Agency may issue bonds and assume obligations to the fullest
extent permitted by law, and that the Agency may pledge all or
:
.7:
•••
•'NATI '• )1/ •
P.t
any portion of the Added Tax Increment to the repayment if any
such obligations; provided that the inclusion of such a p.edge
of Added Tax Increment attributable to the general purpose tax
levy of the District shall be allowable as a first and senior
pledge only (i) with the consent or the District or iii) upon
the payment by the Agency to the District (or the commitment by
a trustee in connection with the issuance of bonds to cause to
be annually paid) from the proceeds oL such issue or other
revenues available to the Agency such revenues as would be
payable to the District in any year in which pledged revenues
would be payable to the District pursuant to this Agreement.
The District agrees that it shall prompLii 2-i p rove and execute
such documents as are necessary or convenient to implement this
Section 5 and facilitate the issuance of bonds (or other
indebtedness) by the Agency, eo long as such documents are
consistent with this Section 5
q;1;.444,00 Payment to be deposited by the Agency on behalf of the
District are cub:lect to the folloYing ccnditions and
limitations:
(a)Agency's obligation under this Agreement to deposit
payments on behalf of the District is deemed to constitute "an
indebtedness" within the meaning of Health and Safety Code
Sections 33670 and 33675.
(b)Agency shall de p osit on behalf of the District amcunts
due pursuant to this Agreement during each Fiscal Year within a
reasonable period after the Agency receives the Added lax
Increment allotment from the County Auditor-Controller provided
that payments in relation to allotments received between July I
and December 31, of any F".scal Year shall be made no later than
the llowing February 28; and that payments in relation to
elotments received between January 1 and June 30, of any
Fiscal Year shall be made no later than the following August 30.
(c)The Agency's obligation to make payments hereunder
shall be limited to Added Tax Increment from the Project Area
received by the Agency. In no way shall the Agency be liable
foe such obligations from revenues of other redevelopment
project areas in the City or from Existing Increment Flow or
from any other revenues. The City shall have no financial
obligation or any other obligations by virtue of this
Agreement, and shall not ne responsible for the discharge of
obligations of the Agency herein.
(d)No payment ehall Le made by the Agency in any Fiscal
Year pursuant to this Agreement if such payment ;mead impair
any contraet, obligation to service bonded Indebtedness or the
refinancing of such existing indebue6ness or any other e::isting
obligation entered int.) by the Aczency prior to the execution of
this Agreement.
(e)The Agency's obligation to make payments hereon,
shall he Joliet: and subordinate to the Agency l e obligation
e nder Health and Safety Code Section 33334.2,
(f)Notwithstanding any other provisions of this Agree it
to the contraey, the Agency's obligation to make payments to
the District under this Agreement in any single year shall
not: (i) exceed the amount of Added Tax Increment which would
have been received by the District if all the Added Tax
Increment from the Project Area had been allocated to all the
affected taxing agencies without regard to the division of
taxes required by Health and Safety Code Sectioa 33670; (ii)
violate the expenditure limitation under Article XIIIB of the
California Constituticn of such entity; or (iii) be contrary to
any provision of the laws of the State of California.
(g)"do payments shall be made by the Agency from the Added
Tax Increment to the District except as expressly set forth in
Sections 2 and 3 of this Agreement. The District certifies
that it has not at any time requested and does not now requeet
the receirt of tevenues pursuant to Health and Safety Code
Section 33676(a)(2) in connection with the Project, including,
without li,aitation, Amendment No. One thereto.
(h)The District shall indemnify, defend and hold harmless
the Agency from any claims, liabilities and causes of action
asserted by any third party against the Agency by reason oe the
Agency's payment of :unds in the manner described in Sections 2
and 3 of this Agreement.
Section 7, Covenant Not ro Sue
The District agrees and covsnants that it shall not file or
participate in opposition to the Agency in any lawsuit
attacking or etherwise questioning the validity of Amendment
No. One, the adoption or approval of such Amendment Nm. One,
any statement of irdebtedness consistent with this Agreement,
or any of the finding:, or determinations made by Agency or City
Council of the City in connection *eith such Amendment No. One.
The District declares that it has conducted all such
investigation and study of matters pertaining to the subject
matter of this Agreement as it has deemed appropriate, and that
it has been advised at all times by counsel of its choosing.
The District finds and determines that this Agreemen* fully
•
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6/04/89
4682nP460/034
alleviates any financial burden and detriment te thu District
resulting from Amenament No. One and, except ae provided
hereinbelow, forever waiees its right to submit a report to the
Agency, or to cause the Agency to hold a public hearinc, or to
request or taku other action to induce the Agency to consider
amendmente to the Project or Amendment No. One pursuant to
Health and Safety Code Section 33445.5. The District agrees
and acknowledges that the provision of the continuing
effectiveness of such waiver is a materia2 inducement to the
Agency to approve this Agreement, ama chat but for such waiver
the Agency would not approve and execute this Agreement.
Notwithstandeng the foregoing, the Agency agrees to Leopen
negotiations with the District concerning the financial burden
or detriment to the District caused by the implementat i on of
Amendment No. One if the Agency constructs or contributes to
the cost of construction of more than one hundred (100) new
dwell:ri g units in the Project Area during the Term.
In ths event and 4.x, the extent tax increments are not paid
to or are withheld from the Agency by reason of the pendency of
ay such cause of action, case, claim, count, action, or
complaint filed by any publie or private person or entity, the
District agrees not to claim interest on any such withheld
funds. The Agency's responsibility for making any
reimbursement otherwise required by this Agreement shall accrue
and be paid to the District when and if available at the
conclusion of litigation. The cime for the Agency performance
nereunder shall be excused for the duration of such litigation.
Section El. Entire Agreement
This Agreement constituter; the entire agreement between the
Agency and District with respect to the matters set forth
nerein, and any changes, modifications or amendments thereto
shall be legally binding and effective only upon duly executed
written amendment hereto.
Section 9. Effective Date
This Agreement shall become effective the date last
executed below and shall continue in effect until Agency is
deactivated pursuant to Section 33141 of the California Health
and Satety Code or its successors; provided that this Agreement
shall terminate automatically and be of no further force or
effect in the event that Amendment No. One is not adopted on or
before December 31, 1989, or in the event the adoption of
Amendment No. One should he set aside or annulled as the result
of litigation.
q. •
mo#10).
OCEAN VIEW ELEMENTARY SCHOOL DISTRICT• ?'
. -00 . •
IN WITNESS WHEREOF, the parties hereto have executed
thil Agreement on the day and year fitat above written.
• • .7 x n rrai,sot cmrdt VAT WIrr011ePOIL 416 WWWLAWAfig
'
LAM1Y PARRISH
(1z,t!'llY AlMs thISTPAIl sdi Off iCIP
ti n LL or AIIMINIST1U11911
C ry l n CEPITI I I roux. Si t4/A :'A
COUNTY ADMINISTRATIVE OFFICE
Connie Brockway, CHC
City Clerk
City of Huntington beach
2000 Main Street
Huntington Beach,
'
Richard Keefe, Manager
CAC Intergovernmental Relations
THE FOLLOWING 1121CLOSURE(S) ARE FOR YOUR INFORMATION:
TAX INCREMENT REIMBURSEMENT AGREEMENT BETWEEN
THE COUNTY OF ORANGE, THE ORANGE COUNTY FLOOD
CONTROL DISTRICT AND THE UU?ITINGTON BEACH
REDE v ELOPMENT AGENCY PERTAINING TO AMENDMENT NO.
ONE TO THE OAKV T EW REDEVELOPMENT PLAN.
BOARD OF SUPERVISORS
O rANGE COUNTY, CALIFORNIA
TAX INCREMENT REIMBURSEMENT AGREEMENT BETWEEN THE COUNTY OF ORANGE THE
ORANGE COUNT? FLOOD CONTROL DISTRICT AND THE HUNTINGTON BEACH REDEVELOP-
MENT AGENCY: County Administrative Oftice requests appLoval of an
agrement uhich provides for the pans-through of certasn tax increments
to the County family of fund3 impacted by Amendment No. One to the
Oakview Redevelopment Plan.
MOTION: On motion by Supervisor Vasquez, seconded by Supervisor Wieder,
the Board authorized execution of the Tax Increment Reimbursement Agree-
ment between the County of Orange, the Orange Connty Flood Control Dis-
trict and the Huntington Beach Redevelopment Agency. MOTION UNANIMOUSLY
CARRIED.
-.-1-**10,10010
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474-FT/ '
AGREEMENi BY AND BETWEEN
THE CHANGE COUNTY DEPARTMENT OF EDUCATION
AND IHE HUNTINGTON BEACH REDEVELOPMENT AGENCY
PERTA!NING TO AMENDMENT NO. ONE TO
THE OAKVIEW REDEVELOPMENT PLAN
This Agreement is made and entered into this 28th day
of _July , 1969 by and among the Orange Couhty
Department of Education (hereafter referred to as the
"Department") and the Hunnington Beach Redevelopment Agency
(hereinafter referred to as. the "Agency").
WHEREAS, the Agency is a redevelopment agency existing
pursuant to the provisions of the Community Redevelopment Law
(California Health and Safety Coda Section 3300(%, iJ.. ien.)
which has been authorized to transact business and exorcise the
powers of a redevelopment agency pursuant tc action of the City
Council of the City of Huntington Beach (the "City Council");
and
WHEREAS, in November 1982, the City Council adopted
Ordinance No. 2582 uoproving a Redevelopment Plan (the "Flan")
for the Oakview Redevelopment Project (the "Project"); and
WHEREAS, the Agenoy has formulated Amendment No. One to the
Oakview Redevelopment Project ("Amendment No. One").
WHEREAS, Amendment No. One, contains provisions to increase
the limitation for the distribution and allocation of property
tax revenues derived from property located within the Oakview
Redevelopment Project Area (the "Project Area") to the Agency
pursuant to California Health and Safety Code Section 33670(b)
(hereafter referred to as "Added Tax Increment"); and
WHEREAS, meetings have been held by representatives of the
Department and representatives of the Agency to discuss the
fiscal impact of the Project on the Department; and
WHEREAS, pursuant to California Health and Safety Code
Section 33401,-the Agency may.pay to the Department as a taxing
agency with territory located in the Project Area, an amoant of
money which, it the Agency's determination, is appropriate to
ulleviate any financial burden or detriment caused to the
Department by the implementation of Amandment tlo. One; and
WHEREAS, the Parties agree that the allocation of all the
tax increment revenue to the Agency as a result of the
implementation of Amendment No. On au proposed would caluse a
financial burden and detriment to the Department in the amounts
set forth herein to be paid to the Department; and
WHEREAS, the parties agree that the payments provided for
under this Agreement are necessary to and an) sufficient to
alleviate the above financial burdenh and derriments; and
WHEREAS, for the above reasons, and to emicably resolve any
differences regarding Amendment No. One, the parties hereto
enter into this Agreement.
NOW, THEREFORE, in consideration of the foregoing
mutual covenants and conditions contained herein, the
hereto agree as followa:
The words and terms in this Agreement, unless a different
meaning clearly appears from the context, uhall have the
meanings set forth as follows:
(a)"Added Tax Increment" shall mean property tax revenues
in excess of Three Hundred Fifty Thousand Dollars ($350,000)
per Fiscal Year attributable to increases in the assessed
valuation of property located within the Project Area above the
valuation shown on the 1902-1983 ascessment roll, which tax
revenues are allocated and paid to the Agency pursuant to
California Health and Safety Code Section 3300(b) in
accordance with Amendment No. One .
(b)"Agency" shrill mean the Huntington Beach Redevelopment
Agency.
(c)"City" shall mean the City of Huntington Beach, a
menicipal corpoation.
(d)"Commuluty Redevelopment Law" shall mean Part 1 of
Divisi e n 24 of the Health Safety Code (commencins; with
Section 33000).
(e)"Department" shall mean the Orange County Department
Education, and its successors.
(f)"Extsting Increment Flow" shan mean the full amount
Property Tax Increment allocated and paid to the Agency in
accordance with the Plan, exclusive of any and all Aided Tax
Increment so allocated in accordance with Amendment No. One.
(g)"Fiscal Year" shall mean the period from July 1 to and
including the following June 30.
(h)"Ordinance" shall mean Ordinance No. 300,7_ (the
ordinance approving Amendment No. One).
(i)"Project Area" shall mean that area so designated in
Amendment No. One as approved by the Ordinance.
(j)"Property Tax Increment" shall mean the full amount of
tax revenues attributable to increases in assessed valuation
above the valuation shown on the 1982-1903 assessment roll,
which tax revenues are allocated and paid to the Agency
Pursuant to California Health and Safety Code Section 33670(b)
from the Project Area.
(k)"Term" shall mean the period of time Amendment No. One
remains in effect.
(a) The Agency agrees to pay to the Department each Fiscal
Year during the term an amount equal to all of the Added Tax
Increment allocated and paid to the Agency for the applicable
Fiscal Year pursuant to subdivision (b) of Section 33670 which
are attributable to increases in the rate of tax imposed for
the benefit of the Department, which levy occurs after the tax
year in which the Ordinance becomes effective. Such amounts
shall ba limited to Added Tax Incrament which would have been
allocated to the Department after an election pursuant to
Health and Safety Code Section 33676(a)(1), to the extent the
then applicable law requires such allocation to an affected
taxing agency which has made the election under Section
33676(b). The Department har no., elected to receive payments
pursuant to Sectioil 32676(a)(1) ef the Health and Safety Code
and payments made pursuant to this Section 2 (a) shall be in
lieu of payments pursuant to said Section 33676(a)(1). In the
event any revenues are received by the Departmenc pursuant to
Section 33676(a)(1) of the Health and Safety Code, the amounts
payable to the Department by the Agency pursuant to this
Agreement shall be reduced by an amount equal to sums received
pursuant to section 33576(a)(1), with the reduction to be made
at the earliiest feasible time as determined by the Agency.
(p) In addition to the foregoing, for each Fiscal Year
during the Term in which the Agency receives an allocation and
payment of Property Tax Increment pursuant to Health and Safety
Code Section 33670(b), the Agency further agrees to pay to the
Department each Fiscal Veal an amount equal to all of the Aided
Tax Increment allocated to aad paid to the Agency for the
applicable Fiscal Year pursuant to subdivision (n) of Section
33670 which are attributable to increases in the assessed
valuation of the taxable property located in the Project Area
above the valuation shown on the 1902-1903 aseesament roll
pursuant to sutenvision (a) of Section 33670, which are, or
otherwise would be, calculated annuelly pursuant to subdivision
(f) of Section 110.1 of the Revenue and Taxation Code (which
increaser shall not exceed an annual rata of two (2%) percent
of the full cash value of taxable property as Cefined in
California Constitution Article XIIIA, Section 2), Such
amounts shall be limited to Added Tax Increment which would
have been allocated to the Department after an election
pursuant to Health and Safety Coda Section 33676(a)(2), to tho
extent the then applicable law requires such allocation to an
affected taxing agency which has made thn election under
Section 33676(b). The Department has not elected to receive
paymentu pursuant to Section 33676(a)(2) of the Health and
Safety Code and payments made pursuant to this Section 2(b)
shall be in lieu of payments pursuant to said Section
33676(a)(2).
(c)The Department and the Agency agree that the base
assessed valuation used in computing the payments made by the
Agency to the Department pursuant to this Section 2 shall be
established by th:! assessment roll for the 1982-S3 Fiscal Year.
(d)Payments pursuant to this Section 2 are subject to the
conditions and limitations set forth in parts (a) through (h)
of Section 4 of this Agreement.
It is agreed and ackno y dedged by the Department tWat the
Ageney may issue bonds and assume obligations to the fullest
extent permitted by law, and that the Agency may pledge all or
any portion of the Added Tax Increment to the repeyment of any
such obligatiors; provided that the inclusion within such a
pledge of Added Tax Increment attributable to the general
purpose tax levy of the Department shall be allowable as e
first and senior pledge only (i) with the consent of the
Department or (ii) upon the payment by the Agency to the
Department (or the commitment by a trustee in connection with
the issuance of bonds to cause to be annually paid) from the
proceeds of such issue or other revenues available to the
Agency such revenues as would be payable to the Department in
any year in which pledged revenues would bc payable to the
Department pursuant to this Agreement. The Department agree::
that it shall promptly approve and execute such documents as
are necessary or convenient to implement this Section 3 and
facilitate the issuance of bonds (or other indebtedness) by the
Agency, so long as such documents are consistent with this
Section 3.
5/31/89
4781n/2460/034 -4-
Payment to the Department is subject to the following
conditions and limitations:
(a)Agency's oblivation under this Agreement is deemed to
constitute "an indebtedness" within the meaning of Health and
Safety Code Sections 33670 and 33675.
(b)Agency shall pay to the Department, the District, and
HDP amounts due pursuant to th1s Agreement during each Fircal
Year within a reasonable period after Agency receives the Added
Tax Increment allotment from the County Auditor-Controller
provided that payments in relation to allotments received
between July 1 and December 31. of any Fiscal Year shall be
made no later than the following February 28; and that payments
in relation to allotments received between January 1 and June
30, of any Fiscal Year shall be made no later than the
followine August 30.
(c)The Agency's obligation to make payments hereueder
shell be limited to Added Tax Increment from the Project Area
received by the Agency. In no way shall the Agency be liable
for such abligations from revenues of other redevelopment
project areas in the City or from Existing Increment Flow
from any other revenues. The City shall have no financial
obligation or any other obligations by virtue of this
Agreement, and shall not be responsible for the discharge
obligations of the Agency erein.
(d)No paymen; sha%1 be made by the Agency in any Fiscal
Year pursuant to this kgreement if such payment would impair
any contract, obligat on to service bonded indebte6ness or the
refinancing of such existing indebtedness or any other existing
obligation entered into by the Agency prior to the execution of
this Agreement.
(e)Thu Agency's obligation to make payments hereunder
shall be junior and cs:aordinate to the Agency's obligation
ender Health and Safety Code Section 33334.2.
(f)Notwithstanding any other provisions of this Agreement
to the contrary, the Agency's obligation to make payments to
the Department under this Agreement in any single year shall
not: .(i) exceed the amount of Addnd Tax Increment which would
have been received by the Department if all the Added Tax
Increment from the Project Area had been allocated to all the
affected taxing agencies without regard to the division of
taxes required by Health and Safety Code Section 33670; (ii)
violate the expenditure limitation undei Article MUD of the
California Constitution of such entity; or (iii) be contrary to
any provision of the laws of the State of California.
I':
(g)No payments shall be made by the Agency from the Added
Tax Increment to the Department except as ex p ressly set forth
in Section 2 of this Agreement.
(h)The Department shall indemnify, defend and hold
harmless t i le Agency from any claims, liabilities and causes of
action asseLted by any third party against the Agency by reason
of the Agency's payment of funds in the manner described in
Section 2 of this Agreement.
Sestion fi
The Department agrees and covenants that it shall not file
or participate in opposition to the Agency in any lawsuit
attacking or otherwise questioning the validity of Amendment
No. One, the adoption or approval of such Amendment No. One,
any statement of indebtedness consistent with this Agreement,
or any of the findings or determinations made by Agency or City
Council of the City in connection with such Amendment No. Ono.
This Agreement constitutes the entire agreement between the
Agency and the Department with respect to the matters
set forth herein, and any changes, modifications or amendments
thereto shall be legally binding and effective only upon duly
.!xecuted written amendment hereto.
This Agreement shall become effective the date last
executed below and shall continue in effect until Agency is
deactivated pursuant to Section 33141 of the California Health
and Safety Code or its successors; provided that this Agreement
shall terminate automatically and be of no further force or
effect in the event that Amendment No. One is not adopted on or
before December 31, 1939, or in the event the adoption of
Amendment No. One should be sat aside or annulled as the result
of litigation.
IN WITNESS WHEREOF, the parties hereto have
executed his Agreement on the day and year first above written.
Section 7.
ORANGE COUNTY DEPARMENT
OF EDUCATION
Dated:
5/31/89
4781n/2460/034
Agoncy Legal ouncel
(Gpngral Counsel)
'.4*(14M -167 /)
Agbncy Special Counsel
-41 reiteareWri t)%76741X,'XiilW , Se7 ' .
0 A a IVA Li-.
COOPERATION AGREEMENT BETWEEN THE
ORANGE COUNTY VECTOR CONTROL DISTRICT
AND THE HUNTINGTON BEACH REDEVELOPMENT AGENCY
in-PSTHIS to /7IS AGREEMENT is entered in on the day of
"5orA(,-, 1989, by and Letween the ORANGE CCUNTY
VECTOR CONTROL DISTRICT, a public agency, hereinafter referred
to as "DISTRICT" and the HUNTINGTON BEACH REDEVELOPMENT AGENCY,
a public body, hereinafter referred to as "AGENCY".
WHEREAS, the Agency is a redevelopment agency existing
pursuant to the provisions of the Community Redevelopment 1.1w
(California Hezlith and Safety Code Section 33000, el Neg.)
which has been authorized to transact business and exercise the
powers ef a redevelopment agency pursuant to action of the City
Council of the City of Huntington Bea: ((-he "City Council");
and
WHEREAS, in November 1982, the City Council adopted
Ordinance Ho. 2582 pursuant to the California Community
Redevelopment Law approving the Redeveloi.ment Plan :Jr the
OaKview Redevelopment Project (hereinafter refer,:ed to as "the
P .:oject"); and
WHEREAS, the AGENCY has formulated an amended Redevelopment
Plan for Amendment No. One to the Oakview Redevelopment Project
(hereinafter referred to as "the Amendment").
WHEREAS, the Amendment contains provisions to increase the
limitation for the distribution and allocation oL property tax
revenues derived from property located within the Oakview
Redevelopment Project Area (the "P'.-ojecL Area") to the Agency
pursuant to ralifornia Health and Safety Code Section 33670(b);
and
WHEREAS, the DISTRICT, ro3 defined in Section 3.1353.2 of the
Health and Safety Code, is an affected taxing entity which has
general purpose and special bcnded indebtedness ad valorem
property taxes levied on its behalf by COUNTY on certain areas
that comprise the ProjeC:. Area in Fiscal Year 1988-B9; and
WHEREAS, Section 33401 of the Health and Safety Code
authorizes AGENCY to pay an affected taxing entity with
territory within a project area that amount of money which
AGENCY determineE is appropriate to alleviate the financial
burden or detriment caused said entity by the Anandment; and
,
WHEREAS, the DISTRICT, through ien par t icipation in the
fiscal review process hi; submitted its objections to the
Amendment and has substantiated with data and iaformation the
financial burden or deLtiment it: vill nustain an a result of
the Amendment; and
WHEREAS, the AGENC, h e s found anU determined chat it would
be appi:opriate to alleviate that financial burden or detriment
caused to DISTRICT by the Awndment by paying to DISTRICT or
DISTRICT'S successors certain monies consiatent with Section
1.2 ot this Agreement all in accordance with Section 33401 of
the ilealth and Safety Code; and
WHEREAS, DISTRICT and A% NCY desire to resolve and settle,
ence and for all time:;, al: present, past and future
controversies, claims, causes of action, or purported causes
action, differences or disput-2s, both real and potential,
ensuing against The City of Huntington Beach and AGENCY in
relationship to the Project and the Amenlment; and
NOW, THEREFORE, in consideration of the foregoing and the
mutual promises and covenants contained herein, the parties
agree as follows:
Section 1. e .
1.1 Detinitioru. For purposes of this Agreement, the
following terms will have the etated def.oitions:
a."TAX INCREMENT" shall mean that portion of
ad yitloion property taxes resulting from the increase in
ass.Issed valuation in tbe Project Area over the 1982-1.983 base
year assessed valuation in the Project Area which tax revenues
are allocated and paid to the Agency pursuant to California
Health and Safety Code Section 33670(0 in accordance with the
Amendment. "Tax Increment" shall refer to those taxes
collected as a result of the 1% levy allowed under Article
XIIIA of the Constitution of the SL .ite of California.
b."DISTRICT'S SHARE shall mean that portion
of "TAX INCREMENT" allocated to and receivel by AGENCY pursuant
to Health and Safety Code Section 33670(b) resulting from the
general purpose tax levy of DISTRICT that, /IA the Project not
been adopted, would be allocated and paid to DISTRICT for the
benefit of DISTRICT'S General Fund, as computed by the County
Auditor Controll-,r in accordance with the applicable provisions
of the Revenue and Taxation Code of the State of California.
C. "AGENCY'S BASE" shall mean that portion of
the "'ax Increment" allocated to the Agency up to and including
$350,000 per annum.
e .0g ,,if ren
d."ADDED TN< INCREMI:NT' shall mean TAX
INCRI•ENT ie ke:cess of the AGENCY 's base.
e."Fiscal Year" sh.,11 mean the period fAom
Jul' 1 ane including the following June
f."Ordinance" shall mean Ordireince No. j9qp_
the ordinance approving the Amendment).
g."Project Area" shall mean that area so
designated in the Amendment as approver' hy the :)rdinance.
h.-:'erm" shall mean the period of time the
Amendment remains in effect.
1.2 bilocation_of_Tax_,IxtoiRment;. AGENCY :Alan pay to
DISTRICT or its successoes for each Fiscal Year an emount equal
to ONE HUNDRED percent 000%) of DISTRICT'S SHARE of the ADDED
TAX INCREMENT. Payment to DISTRICT of said amounts shall
commence within a reasonable per1od alter the fi r:st allocation
and payment by the County Auditor-Centroller to AGFECY of ADDED
TAX INCREMENT pursuant to the Amendment provided thet payments
in relacion to allotments receivied between July 1 ane December
31, of any Fiscal Year shall be made no later than the
following February 28; and that payments elatien to
allotments received between January 1 and June 39, of any
Fiscal Year shall be made no later than the following Angnet 30.
1.3 popls_s_And Recor,d_s. AGENCY shall, within thirty
(30) days after receipt of written )equebt: from DISTRICT, make
available to DISTRICT for review or audit its records or
statements regarCing the allocation and payment of ADDED TAX
INCREMENT to AGENCY in accordance with the Amendment pursuant
to California Health and ::;afety Code Section 33610(b).
1.4 aeotion_U676_R.esolntions. DISTRICT certifies
that it shall not request: receipt of revenn•s pursuant to
Sect.:.ons 23676(a)(1) and 33676(a)(2) of the Health and Safety
Code and within 50 days of executing this Agreement, DISTRICT
will repeal the resolution, if any, that it has adopted
pursuant to Section 33676(b) regardin g the Project and the
Pmendment.
1.5 condlteioue Payments pursuant to Section 1.2 are
subject to the conditions and limitations set forth herein
below:
(a) AGENCY'S obligation under this Agreement to
make p aymentr. to the DIS-RICT is deemed to con3titute "an
indebtedness" within the meaning of Health and Safety Code
Sections 33670 and 33675.
6/02/S9
4810n/7A60/034 -3-
I.
(b) AGENCY'S obligation to make payments
hereunder shall be limited to ADDED TAX INCREMENT from the
Project Area received by AGENCY. In no way shall AGENCY be
liable for such obligations from revenues of other
redevelopment project areas in the City of Huntington Beach
(the "City") or from TAX INCREMENT up to and including AGENCY's
BASE or from any other revenues. The City shall have no
financial obligation or any other obligations by virtue of this
Agreement, and shall not be responsible for the discharge of
obligations of the AGENCY herein.
t
;(c)No payment shall be made by AGENCY in any
Fiscal Year pursuant to this Agreement if such payment would
impair any contract, obligation to service bonded indebtedness
or any ()the ,- existing obligation entered into by AGENCY prior
to the execution of this Agreement.
(d)AGENCY's obligation to mske payments
hereunder shall be junior and subordinate to AGENCY'S
obligation under Health and Safety Code Seczion 33334.2,
(e)Notwithstanding any othir provisions of this
Agreement to the contrary, AGENCY'S obligation to make payments
to the District under this Agreement in any single year shall
not: (i) exceed the amount of ADDED TAX INCREMENT which would
have been received by DISTRICT if all the ADDED TAX INCREMENT
from the Project Area had been allocated to all the affected
taxing agencies without regard to the division of taxes
required by Health and Safety Code Section 33670; (ii) violate
the expenditure limitation under Article XIIIB of the
California Constitution of such entity; or (iii) be contrar5 , to
hny provision of the laws of the State of California.
(f)No payments shall be made by AGENCY from the
ADDED TAX INCREMENT to DISTRICT except as expressly set forth
in Section 1.2 of this Agreement.
(g)DISTRICT shall indemnify, ,lefend and hold
harmless AGENCY from any claims, liabilities and causes of
action asserted by any third party against the AGENCY by reason
of AGENCY's payment of funds in the manner described in
Section 1.2 of this Agreement.
2.1 effective Date Qnd Term. This Agreement shall
become effective upon the date of execution of this Agreement
and shall remain in effect until all Agency debts are paid
pursuant to this Agreement, or until the limit for incurring
Alfa,t4,;:n.` •Ye'd',,, "CO •.' • • • `.• ',•, .7 ;e:e,•;.
•
2.2 Modification and Termination. If after this
Agreement is executed, the State of California enacts laws Cr
policies in nonflict with all or any portion of this Agreement,
AGENCY and DISTRICT may mutually agree to excuse performance of
all or any portion of this Agreement by AGENCY or DISTRICT.
In the event any section or portion of this
Agreement shall be held, found or determined to be
unenforceable or invnlid for any reason whatsoever, the
remaining provisions shall remain in effect, and the parties
thereto shall take further actions as may be reasonably
necessary and available to them to effectuate the intent of the
parties as to all provisions aet forth in this Agreement.
2.3 NW:ice. DISIRICT has received all notices,
written or published, that is required by the California
Community Redevelopment Law (Heklth and Safoty Code Sections
33000 el Kee.) to receive during the process leading to the
adoption of the Amendment and hereby waives any and all legal
rights it may have to contest said Amendment due to a failure
to receive any statutorily required notice.
2.4 Covenant Net to &IQ. DISTRICT covenants and
agrees and irrevocably binds itself forever at no time or place
to commence or participate in or prosecute any actions on
account of any claim, whether past, present or future, arising
out of the City's and AGENCY's adoption of the Amendment or the
City's or AGENCY's lawful activities pursuant to said Amendment.
2.5 Entire Agreement. This Agreement constitutes the
entire, complete and final expression of thu avreement between
the parties and any changes, modifications or amendments
thereto shall be legally binding and effective only upor duly
ezecuted written amendment heLeto.
indebtedness as stated in Section 602 of the Redevelopment Plan
for the Amendment expires, whichever event occurs last. •
Notwithstanding the foregoing, this Agreement shall terminate iautomatically and be of no further force or effect in the event
that the Amendment is not adopted on or before December 31,,. •
1989, cr in the event the adoption of Amendment should be set t Ai-
aside or annulled as the result of litigation....P 1 '
.4
'.t
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the day and year first above written.
ORANGE CI9UNTY VECTOR CONTROL DISTRICT
:ct>01
•
Agency Legal Courselw
(71.)/(Gear Counsel)
AgeAtcy Special Counsel
Dated: 71.111/g /181 HUNTINGTO
rog.1.747M ;114;4 i'lL'irat4rAinte}4•n •f
r
r.
Orange Co ty Vector Coarol District
DISTRICT OFFICE • 12001 GARDEN OROVE BLVD., GARDEN GROVE, CA 02143
MAILING ADDREIR • P.O. PDX Si, SANTA AMA, CALIFORNIA 01702
NOW (714) 011-2421 • FAX (714) 1713040
BOARD OF TRUSTIES • 111.11
PRESIDENT • Paul Bernal
VICE-PRESIDENT -Ursula E. Kennedy
SECRETARY -John Hanel
ANAHEIM
ANNE OE PERRY
BREA
IRAN F. MUM
BUM PARK
EINNETH O. JONES
COSTA MESA
WILLIAM BANOARUK
CYPRESS
JOHN KANEL
FOUNTAIN MALLEY
sARIARA A. SrONN
FULLERTON
TRANCES R. INCOO
GARDEN GROVE
TiLMAN WILLIAMS
HUNTINGTON BEACH
PETER GREEN
IRVINE
MARY ANN UAW°
LAGUNA BEACH
WANT McCOMBS
LA HABRA
BETH GRAHAM
LA PALMA
LARRY A. HERMAN
LOS ALAMITOS
PAUL ISERPML
MISSION VIEJO
EDWARD C. LINCOLN
NEWPORT BEACH
ISITHELTN PLUMMER
ORANGE
FRED L SARR ERA
PLACENTIA
THEOOORE C. RUSSELL
MN CLEMENTE
KENNETH E. CARR
SAN JUAN CAPISTRANO
JARMO S. COLE
SANTA ANA
WILIAM L. SOTNToN
SEAL BEACH
JOYCE A. nisNEn
STANTON
EINAR° L. ALLEN
TUSTIN
URSULA E. KENNELW
VILLA PARK
WILLIAM Oums
WESTMINSTER
FRANK FAY. JR.
YORIA LINDA
OntIOw. CROMINELL
COUNTY OF ORANGE
LEO F. KOHL
DISTRICT MANAGER
01was L. CHALLET
Mr. Steve Kohler
City of Huntington Beach
Redevelopment Agency
2000 Main street
Huntington Beach, California
Dear Mr. Kohler:
Enclosed are two signed copies of the Agreement between this
District and the Huntington Beach Redevelopment Agency. As
soon as they are signed and adopted by the Redevelopment Agency,
please retuen 3 signed copy for our records.
A sector is any insect or other arthropod, rodent or other animal of public health significance capable of causing
human discomfort. Injury. or capable ol harboring or transmitting the causative agents of human disease.
4y ; .5,1"1041811111111017
ANDIgeg.t1W44741aAvgight4anmaanz., :n 41,11.10.:w.,.....eam**.
•W • '4,
AGREEMENT PY AND BETWEEN
THE HUNTINGTON BEACH HIGH SCHOOL DISTRICT
AND THE HUNTINGTON BEACH REDEVELOPMENT AGENCY
PERTAINING TO AMENDMENT NO. ONE TO
THE OAKVIEW REDEVELOPMENT PLAN
This Agreement is made and entered into this /'"day
of , 2989 by and between the Huntington Beach
Hig o carliNEFict (hereafter referred to as the "District")
and the Huntiugton Beach Redevelopment Agency (hereinafter
referred to as the "Agency").
RECITALS
WHEREAS, the Agency is a redevelopment agency existing
pursuant to the provisions of the Community Redevelophant Law
(California Health and Safety Code Section 33000, et egg.)
which has been authorized to transact business and exercise the
powers of a redevelopment agency pursuant to action of the City
Council of the City of Huntington Beach (the "City Council");
and
WHEREAS, in November 1962, the City Council adopted
Ordinance No. 2582 approving a Redevelopment Plan (the "Plan")
for the Oakview Redevelopment Project (the "Project"); and
WHEREAS, the Agency has formulated Amendment No. One to the
Oakview Redevelopment Project ("Amandment No. One").
WHEREAS, Amendment No. One, contains provisions to increase
the limitation for the distribution and allocation of property
tax revenues derived from property located within the Oakview
Redevelopment Project Area (the "Project Area") to the Agency
pursuant to California Health and Safety Code Section 33670(b)
(hereafter referred to as "Added Tax Increment"); and
WHEREAS, the Project Area is located within the District's
boundaries and is served by the District, and
WHEREAS, meetings have been held by representatives of the
District and representatives of the Agency to discuss the
fiscal impact of tha Amendment No. One on the District; and
WHEREAS, pursuant to California Health and Safety Code
Section 33401, the Agency is authorized to compensate affected
taxing entities, including the District, for any amounts of
money which the Agency determines are appropriate to alleviate
any financial burden or detriment caused to the District by the
implementation of Amendment No. One; and
re,
WHEREAS, Section 33445 of the Health and Safety Code
provides authorization for the Agency, with the consent of the
City Council, to pay all or part of the value of the land and
the cost of the installation and construction of certain
buildings, facilities, structures, or other improvements owned
or to be owned by the District (hereinafter the "District
Facilities"), whether within or without the Project Area but
within the territorial jurisdiction of the Agency, upon a
determination by the City Council and the Agency that such
buildings, facilities, structures, or other improvements are of
benefit to the Project Area or the immediate neighborhood in
which the Project Area is located and that no other reasonable
means of financing such buildings, facilities, structures, or
other improvements are available to the community (the
"community" being defined in the Community Redevelopment Law as
the City of Huntington Beach).
WHEREAS, the purpose of this Agreement is to provido for
the appropriate payments to be made by the Agency to the
District in order to: (r) alleviate all 6! !ficant financial
burden or detriment caused to the District 4 the tax
allocation provisions of Amendment t.ln. One; and (2) assist the
District by paying or all or part of the cost of certain
District Facilities which are of benetit to the Project Area or
the immediate neighborhood in which the Project Area is located
and for which no other reasonable means oi financing is
available to the community.
WHEREAS, for the above reasons, and to amicably resolve any
differences regarding Amendment No. One, the parties hereto
enter into this Agreement.
NOW, THEREFORE, in consideration of the foregoing and the
mutual covenants and conditions contained herein, the parties
hereto agree as follows:
The words and terms in this Agreement, unless a different
meaning clearly appears from the context, shall have the
meanings set forth as follows:
(a) "Added Tax Increment" shall mean property tax revenues
in excess of Three Hundred Fifty Thousand Dollars ($350,000)
per fiscal year attributable to increases in the assessed
valuation of property located within the Project Area above the
valuation shown on the 1982-1983 assessment roll, which tax
revenues are allocated and paid to the Agency pursuant to
California Health and Safety Code Section 33670(b) in
accordance with Amendment No. One .
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(b) "Agency" shall mean the Huntington Beach Redevelopment
Agency.
(c)"City" shall mean the City of Huntington Beach, a
municipal corporation.
(d)"Community Redevelopment Law" shall mean Part 1 of
Division 24 of the Health & Safety Code (commencing with
Section 33000).
(e)"District" shall mean the Huntington Beach High School
District, and its successors.
(0 "District Share" shall mean that portion of the Added
Tax Increment allocated to and received by the Agency pursuant
to Health and Safety Code Section 33670(b) resulting from the
general purpose tax levy of the District.
(g) "Existing Increment Flow" shall mean the full amount
of Property Tax Increment allocated and paid to the Agency in
accordance with the Plan, exclusive of any and all Added Tax
Increment so allocated in accordance with Amendment No. One.
(h)"Fiscal Year" shall mean the pariod from July 1 to and
including the following June 30.
(i)"Ordinance" shall mean Ordinance No. joo2... (the
ordinance approving Amendment No. One).
(j)"?reject Area" shall mean that area 60 designated in
Amendment No. One as approved by the Ordinance.
(k)"Property Tax Increment" shall mean the full amount of
tax revenues attributable to increases in assessed valuation
above the valuation shown on the 1982-1983 assessment roll,
which tax revenues are allocated and paid to the Agency
pursuant to California Health and Safety Code Section 33670(b)
from the Project Area.
(1) "Term" shall mean the period of time Amendment No. One
remains in effect.
Section 2. Payment by A g ency to District
(a) Subject to the provisions of Section 3 of this
Agreement, for each Fiscal Year during the Term in which the
Agency receives an allocation and payment of Property Tax
Increment, the Agency shall deposit into a s p ecial fund of the
Agency pursuant to subdivision (c) of this Section 2, fifteen
percent (15%) of the District Share. The District and the
Agency agree that the base assessed valuation used in computing
such payments shall be established by the assessment roll for
the 1982-83 Fiscal Year.
-
(b)In addition to the foregoing, for each Fiscal Year
during the Term, the Agency agrees to deposit into a special
fund of the Agency pursuant to subdivision (a) of this
Section 2 an amount equal to all of the Added Tax Increment
allocated and paid to the Agency for the applicable Fiscal Year
pursuant to subdivision (b) of Section 33670 which are
attributable to: 1) increasee in the rate of tax imposed for
the benefit of the District which levy occurs after the tax
year in which the Ordinance becomes effective, and 2) increases
in the assessed valuation of the taxable property located in
the Project Area above the valuation shown on the 1982-1983
assessment roll pursuant to subdivision (a) of Section 33676,
which are, or otherwise would be, calculated annually pursuant
to subdivision (f) of Section 110.1 of the Revenue and Taxation
Code. Such amounts shall be limitri to Added Tax Increment
which would have been allocated to the District after adopting
a resolution in accordance with Health and Safety Code Section
33676(b) electing to receive payments pursuant to Sections
33676(a)(1) and 33676(a)(2), to the extent the then applicable
law requires such allocation to an affected taxing agency which
has made the election under Section 33676(b). The District has
not elected to receive payments pursuant to Sections
33676(a)(1) or 33676(a)(2) of the Health and Safety Code and
payments made pursuant to this Section 2(b) shall be in lieu of
payments pursuant to said Sections 33676(a)(1) and
33676(a)(2). In the event any revenues are received by the
District pursuant to Sections 33676(a)(1) or 33676(a)(2), the
amounts to be deposited by the Agency on behalf of the District
pursuant to this Agreement shall be reduced by an amount equal
to sums received pursuant to Section 33676(a)(1) and
33676(a)(2), with the reduction to be made at the earliest
feasible time as determined by the Agency.
(c)Subject to Section 3 below, payments to be deposited
by the Agency on behalf of the District pursuant to this
Agreement shall be placed in a special fund of the Agency to be
utilized solely for the purposes permitted under Section 4.
The District covenarts that ic shall expend revenues received
by the District pursuant to this Lgreement only within the
corporate limits of the City apd only in strict conformity with
this Agreement.
(d)The Agency agrees that it will indemnify and hold the
District harmless from any and all loss of District taxes
caused by implementation of tax increment financing in the
Project Area should the State of California fail to provide
compensating sums pursuant to Education Code Section 42238 or
other similar or successor provisions of law.
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Section 3. Alternate Payment Procedure
As an alternative to the payment procedure set forth in
Section 2, the District may elect to have all payments that are
to be deposited by the Agency made in one of the following
manners:
to a nonprofit corporation to be formed by the
b. directly to the contractors and suppliers of the
District who are constructing capital improvements on District
Facilities as described in Section 4. Should the District
elect to have the payments received as described in this
Section 3(b), the Agency shall deposit the funds into a
separate interest-bearing account on behalf of the District
(with interest accruing to said account), and the Agency shall
be entitled to withdraw from said fund all costs (including
personnel and administrative costs) in administering said
fund. The Agency undertakes no responsibility or duty with
respect to the selection of interest-bearing accounts or from
the maximizing of interest. The Agency agrees to cooperate
with the District in selecting the interest-bearing account.
Payments pursuant to Sections 2 and 3 are subject to the
conditions and limitations set forth in parts (a) through (h)
of Section 6 of this Agreement.
Section 4. District Expenditure of Revenues
All funds paid by the Agency pursuant to Section 2 or 3 of
this Agreement shall be expended on capital improvement
projects selected by the District but which shall be situated
within the City. Reasonable priority will be given to
facilities of direct benefit to the community, such as library
and recreational facilities. Upon written request by the
Agency as may be made so often as the Agency shall deem
apppropriate, the District shall promptly provide without
charge a written statement accounting for the expenditure of
funds, together with any reports to state agencies pertaining
to such expenditures or the subject improvements.
It is agreed and acknowledged by the District that the
Agency may issue bonds and assume obligations to the fullest
extent permitted by law, and that the Agency may pledge all or
any portion of the Added Tax Increment to the repayment of any
such obligations; provided that the inclusion of such a pledge
of Added Tax Increment attributable to the general purpose tax
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levy of the District shall be allowable as a first and senior
pledge only (i) with the consent of the District or (ii) upon
the payment by the Agency to the District (or the commitment by
a trustee in connection with the issuance of bonds to cause to
be annually paid) from the proceeds of such issue or other
revenues available to the Agency such revenues as would be
payable to the District in any year in which pledged revenues
would be payable te the District pursuant to this Agreement.
The District agrees that it shall promptly approve and execute
such documents as aria necessary or convenient to implement this
Section 5 and facilttate the issuance of bonds (or other
indebtedness) by the Agency, so long ac such documents are
consistent with this Section 5.
Section 6. Conditions
Payment to be deposited by the Agency on behalf of the
District are subject to the following conditions and
limitations:
(a)* Agency's obligation under this Agreement to deposit
payments on behalf of the District is deemed to nonstitute "an
indebtedness" within the meaning of Health and Safety Code
Sections 33670 and 33675.
(b)Agency shall deposit on behelf of the District amounts
due pursuant to this Agreement during each Fiscal Year within a
reasonable period after the Agency receives the Added Tax
Increment allotment from the County Auditor—Controller provided
that payments in relation to allotments received between July 1
and December 31, of any Fiscal Year shall be made no later than
the following February 28; and that payments in relation to
allotments received between January 1 and June 30, of any
Fiscal Year shall be made no later than the following August 30.
(c)The Agency's obligation to make payments hereunder
shall be limited to Added Tax Increment from the Project Area
received by the Agency. In no way shall the Agency be liable
for such obligations from revenues of other redevelopment
project areas in the City or from Existing Increment Flow or
from any other revenues. The City shall have no financial
obligation or any other obligations by virtue of this
Agreement, and shall not be responsible for the discharge of
obligations of the Agency herein.
(d)No payment shall be made by the Agency in any Fiscal
Year pursuant to this Agreement if such payment would impair
any contract, obligation to service bonded indebtedness or the
refinancing of such existing indebtedness or any other existing
obligation entered into by the Agency prior to the execution of
this Agreement.
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(e)The Agency's obligation to make payments hereunder
shall be junior and subordinate to the Agency's obligation
under Health and Safety Code Section 33334.2.
(f)Notwithstanding any other provisions of this Agreement
to the contrary, the Agency's obligation to make payments to
the District under this Agreement in any single year shall
not: (i) exceed the amount of Added Tax Increment which would
have been received by the District if all the Added Tax
Increment from the Project Area had been allocated to all the
affected taxing agencies without regard to the division ef
taxes required by Health and Safety Code Section 33670! (ii)
violate the expenditure limitation under Article XITTB of the
California Constitution of such entity; or (iii) be contrary to
any provision of the laws of the State of California.
(g)No payments shall be made by the Agency from the Added
Tax Increment to the District except as exprossly set forth in
Sections 2 and 3 of this Agreement. The District certifies
that it has not at any time requested and does not now request
the receipt of revenues pursuant to Health and Safety Code
Section 33676(a)(2) in connection with the Project, including,
without limitation, Amendment No. On thereto.
(h)The District shall indemnify, defend and hold harmless
the Agency from any claims, liabilities and causes of action
asserted by any third party against the Agency by reason of the
Agency's payment of funds in the manner described in Sections 2
and 3 of this Agreement.
Section 7. Covenant Not To Sue
The District agrees and covenants that it shall not file or
participate in opposition to the Agency in any lawsuit
attacking or otherwise questioning the validity of Amendment
No. One, the adoption or approval of such Amendment No. One,
any statement cf indebtedness consistent with this Agreement,
or any of the findings or determinations made by Agency or City
Council of the City in connection with such Amendment Uo. One.
The District declares that it has conducted all such
investigation and study of matters pertaining to the subject
matter of this Agreement as it has deemed appropriate, and that
it ha u been advised at all times by counsel of its choosing.
The District finds and determines that this Agreement fully
alleviates any financial burden and detriment to the Distrixt
resulting from Amendment No. One and, except as provided
hereinbelow, forever waives its right to submit a report to the
Agency, or to cause the Agency to hold a public hearing, or to
request or take other action to induce the Agency to consider
••
1 •". .
-. •
1
amendments to the Project or Amendment No. One pursuant to
Health and Safety Code Section 33445.5. The District agrees
and acknowledges that the provision of the continuing
effectiveness of such waiver is a material inducement to the
Agency to approve this Agreement, and that but for such waiver
the Agency would not approve and execute this Agreement.
Notwithstanding the foregoing, the Agency agrees to reopen
negotiations with the District concerning the financial burden
or detriment to the District caused by the implementation of
Amendment No. One if the Agency constructs or contributes to
the cost of construction of more than one hundred (100) new
dwelling units in the Project Area during the Term.
In the event and to the extent tax increments are not paid
to or are withheld from the Agency by reason of the pendency of
any such cause of action, case, claim, count, action, or
complaint filed by any public or private person or entity, the
District agrees not to claim interest on any such withheld
funds. The Agency's responsibility for making any
reimbursement otherwise required by this Agreement shall accrue
end be paid to the Dietrict when and if available at the
conclusion of litigation. The time for the Agency performance
hereunder shall be excused for the duration of such litigation.
Section S. Entire Agreement
This Agreement constitutes the entire agreement between the
Agency and District with respect to the matters set forth
herein, and any changes, modifications or amendments thereto
shall be legally binding and effective only upon duly executed
written amendment hereto.
This Agreement shall become effective the date last
executed below and shall continue in effect until Agency is
deactivated pursuant to Section 33141 of the California Health
and Safety Code or its successors; provided that this Agreement
shall terminete automatically and be of no further force or
effect in the event that Amendment No. One is not adopted on or
before December 31, 1989, or in the event the adoption of
Amendment No. One should be set aside or annulled as the result
of litigation.
, •• r t• ,-14.1,,Pr'
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IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the day and year first above written.
- • ••or n ••„r • ' •
5ubmlttea to: Honorabls Chaim
Submitted by: Paul E. Cook, Chief Executive Officer W../
Prepared by: Douglas N. La Belle, Deputy City Admin q trator/Economic Development
PASS-THRU AGREEMENT - COAST COMMUNITY COLLEGE DISTRICT
Consistent with Council Policy? Yes f ) New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
On June S, 1989 the Redevelopment Agency approved Pass-Thru Agreements regarding
the Oakview Amendment No. One r ith five Taxing Entities. Since that time staff haq
reached agreement with the sixth and final Agency: Coast Community College District.
Approve and authorize the Agency Clerk to execute the attached Agreement between
the Agency and Coast Community College District.
As a mitigation against detriment to Coast Community College District, the attached
Agreement requires the Agency to pass-thru 50% of the district's normal tax share for
the life of the plan for those amounts above the current cap of $350,000 per year.
Pass-Thru Agreement - Coast Community College District
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Gilbert: L. Challet, District
Orange County Vector Control
P. O. Box e7
Santa Ana, CA 92702
1nclosed, for your records, is
.c%operation Agreement between
District and Ule Huntington 3e
a duly executed copy of the
the Orange County Vector Control
ach Redevelopment Agency.
Please call this office if you have any questions.
Connie Brockway, CMC
City Clerk
CC: Barbara Zeid, Stradling,
Attorneys at Law
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RECEIVED STRADLSOkstY0ORCas CFN REV
JUL12 1S89 660 Newpor t Center Drive, Smite 1600
Newport Beach, Celifornis 62660-6401
(71 4 ) 640-7035
NOTIFY SYCER OPERATOR IMMEDIATELY IF
TRANSMISSION is to RECEIVE D PROPERLY
(714) 7/e-4014
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Mr. Stave Eohler
City of Huntington Beach
Redevelopment Agency
2000 Main avast
Huntingtob, Beach, California
Mx. C. M. Srehmbhatt
COAST COMMUNITY COLLEGE DISTRICT
1370 Adams Avenue
. Costa Mess, California
(
Mr. Richard Eeefe
COUNTY or °RAMOS
County Administrative Offices
10 Civic Center Plate
Santa Ana, California 927017 M +,r. Robert D. Our
Administrator, racilitiest and Planning
ORANGE COUNTY DEPARTMENT OF EDUCATIOU
200 Malmus Drive
Costa Nesa, California 92626-9050
Send Ocean view Elementary &
Huntington such High School Q
District Agreement's tot
III' °
Alan R. Burns
LAW OF7ICES nq \
453 South Glanaell
Orsnje, California 92666
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CITY OF HUNTINGTON BEACH
COUNCIL • ADMINISTRATOR COMMUNICATION
Honorable Mayor' and
Oty Council Members City Administrator
ADDITIONAL BACK UP MATERIAL
OAKVIEW AMENDMENT NO. ONE
PUBLIC REARING
As Item D5 on the City Council/Redevelopment Agency Agenda for Monday, June 5,
1989, there is a Joint Public Hearing concerning a proposed amendment to the Oakview
Redevelopment Project Area. Binders containing back-up information for this item were
distributed to City Council along with the Agenda Packet. Subsequent to delivery of
these packets, the Fiscal Review Cnmmittee submitted it's report to staff (on
June 1, 1989). A copy of this report is attached as additional back-up information.
Also attached are draft Agreements with each of six (6) potentially affected texing
agencies. These Agreements bind the Redevelopment Agency to share a portion of the
Increased tax revenue which would accrue th-ough the Amendment of the Oakview
Redevelopment Plan with each of these taxing agencies. Although these Agreements have
not been considered by the respective boards of each of these taxing agencies, staff has
received verbal concurrence from representatives of each district regarding the provisions
of each Agreement. The representative of one of the taxing agencies (Coast Community
College District) has requested that the Redevelopment Agency consider these Pass-Thru
Agreements PRIOR to the conduct of the Joint Public Hearing. These Agreements have
been agendized as an additional consent calendar item. Should the Agency wish to
consider therm prior to the Public Hearing, tile Chairman may request them to be taken
out of order.
xc: Doug La Belle, Deputy City Administrator/Economic Development
Pat Spencer, Director of Housing and Redevelopment
Gail Hutton, City Attorney
Stephen V. Kohler, Principal Redevelopment Specialist
From Paul E. Cook
Mayor & Members of the City Council
CITY OF HUNTINGTON BEACH
P. 0. Box 190
Huntington Beach, California
June 5, 1.989 Public Hearing
Oakview Redevelopment Plan
Amendment No, 1
Dear ktayor and Members of the city Council:
On behalf of the Coast Community College District, we are hereby
requesting that the public hearing on Amendment No. One to the
Oakview Redevelopment Plan be continued due to the fact that,as
agreed upon by your staff, a proposed Agreement by and between
the District and the Agency relative to the mitigation of finan-
cial burden or detriment, as defined by Section 33012 of the
California Health and Safety Code, has not been approved by the
City Council and Redevelopment Agency and submitted to the Dis-
trict.
As background, on April 5, 1989, affected taxing agencies met as
a Fiscal Review Committee, pursuant to Section 33353.4(b) of the
California Health and Safety Code, and conducted its first hear-
ing. The Committee was advised that the last data of another
Committee Meeting would be April 20, 1989, unless the City and
committee would mutually agree to an extension; and that the
Committee's Report would have to be completed by May 20, 1989.
The Committee and City staff mutually agreed to a continuation of
the April 20, 1989 meeting by a period of ten (10) days (April
30, 1989) to permit the City/Agency staff to prepare a response
to the Committee's request for certain information. Said infor-
mation was not provided directly to the Committee, but rather was
provided to Community Systems Associates, Inc. in response to our
continued request for such information. The information was
picked up by Community Systems Associates, Inc. staff for their
purposes on April 28, 1989. In the transmittal letter, Mr. Noh-
ler indicated the necessity to receive the Committee's Report no
later than the close of business on May 31, 1989. Giving Com-
nunity Systems Associates, Inc. the incomplete information of
April 28, 1989, did not permit the calling of the second hearing
by the Committee by April 30, 1989.
"publiolprivate project management, faaalbIllty, and Implementation"
1717 SOUTH STATE COLLEGE BOULEVARD SUITE 100 • ANAHEIM, CALIFORNIA MOS TELEPHONE (714) 976110(17
,44.0.1110424.111MI"Airiiil ;v:i4410410 44110ti:litd— •
•...annweilllitWararorte wincsu...--.***26,4.-fOr774.•.'g i.trs3.uttivar:?:it r•15.'dect'-:
op.
Mayor A Members of the City Council
CITY OF HUNTINGTON BIRCH
June 5, 1989
Page 2
It was noted that the information provided by Mr. Kohler was in-
complete and did not include various items discussed at the April
5, 1989 meeting.
On May 26, 1989, the Committee met for a second time in order to
respond to Mr. Kohler's May 31, 1989 data, and restated to the
City's staff that the information provided was incomplete and
that such information should be provided to the District.
Section 33353.5 of the California Health and Safety Code states,
in part:
"In the event a fiical review committee is created pursuant
to Section 33353, the fiscal review committee shall analyze
and report to the agency, within 30 days of the conclusionof the hearing held pursuant to Section 33353.4, on the fis-
cal impact of the redevelopment plan or the amendment to the
redevelopment plan on each of the members of the fiscal
review committee, including a determination of whether the
redevelopment plan or amendment will have either a benefi-
cial effect or a financial burden or dettiment upon one or
more members of the fiscal.review committee. This analysis
shall be based upon all of the following information.
The preliminary report prepared pursuant to Section33344.5.
The redevelopment plan or amendment.
The draft environmental impact report prepared pursuant
to Section 33333.3.
Infornation derived from the consultations between the
agency and fiscal review committee pursuant to Section
33353.1.
Information derived from the hearing held by the fiscal
review committee pursuant to Section 33353.4.
The report prepared pursuant to Section 33328.
Any additional information developed by the fiscal
review committee OW"
•le, • •
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Mayor & Members of the City Council
CITY OF HUNTINGTON BEACH
June 5, 1989
Page 3
The lack of adequate and complete information has resulted in the
District's inability to prepare an analysis that is complete and
comprehensive and as such, the Committee Report dated May 30,
1989, is not a thorough discussion of fiscal impacts and mitiga-
tion measures.
Having noticed the public hearing, it would be appropriate that
all documentation to be considered by the City Council and Agency
be available for public inspection prior to the meeting. Inas-
much as the Committee Report was not svailable until May 30,
1989, it appears that the Agency's Report, pursuant to Section
33352 of the California Health and Safety Code, will not have
been completed ten (10) days prior to the public hearing and that
it would be appropriate and desirable to continue the public
hearing for ten (10) days. This will not affect the Agency's
ability to adopt the Plan Amendment in accordance with the legal
requirements of the California Community Redevelopment Law. .
In addition, the Agency's legal counsel submitted a proposed
Cooperation Agreement to Community Systems Associates, Inc. on
June 1, 1989 and a revised faxed Agreement on Friday evening,
June 2, 1989 at 7:10 P.M. The District has not had ample time to
review the Agreement completely, and it appears that the revised
Agreement does not address all of the concerns of the District.
In order to provide ample time to mutually revise the Agreement
so that the City Council and Redevelopment Agency can consider an
approve a final document prior to the close of the public hearing
on the Plan Amendment, we believe that the ten (10) day con-
tinuance is appropriate.
Thank you for your consideration of this request.
/i
UNITY S
t
MM YITEms
MBK:mmg
cc: Mr. C. M. Brahmbhatt
Coast Community College District