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HomeMy WebLinkAboutCity Council - 76 i RESOLUTION NO. 76 A RESOLUTION OF THE REDEVELOPMENT AGENCY ADOPTING COOPERATION AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE REDEVELOPMENT AGENCY AND ADOPTING OPERATIVE AGREEMENTS FOR THE TALBERT - BEACH, MAIN- PIER AND OAKVIEW REDEVELOPMENT PROJECT AREAS THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DOES RESOLVE AS FOLLOWS: Section 1: That the Cooperative Agreement between the City of Huntington Beach and the Redevelopment Agency as attached hereto and incorporated herein is hereby adopted. Section 2 : That the Operative Agreement for the implementation of the Talbert-Beach Redevelopment Plan between the City of Huntington Beach and the Redevelopment Agency as "ATTACHMENT A" to the Coopera- tion Agreement is incorporated herein and adopted. Section 3: That the Operative Agreement for the implementation of the Main-Pier Redevelopment Plan between the City of Huntington Beach and the Redevelopment Agency as attached hereto as "ATTACHMENT B" of the Cooperation Agreement is incorporated herein and adopted. Section 4: That the Operative Agreement for the implementation of the Oakview Redevelopment Plan between the City of Huntington Beach and the Redevelopment Agency attached hereto as "ATTACHMENT C" to the Cooperation Agreement is incorporated herein and adopted. Section 5: The Chairperson and Agency Clerk are hereby authorized and directed to execute the agreements approved hereby. PASSED AND ADOPTED by the Redevelopment Agency of the City of Huntington Beach at a regular meeting thereof held on the 20th day of June , 1983. CITY COUNCIL Chairperson ATTEST: Agency Clerk INITIATED AND APPROVED: APPROVED TO FO s2� Director, Business & Industrial ec' gency Counsel Enterprise i APPROVED AS TO FORM: j, �/J,, cy Legal Counsel APPROVED: Chief Ex utive bfficer COOPERATION AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE REDEVELOPMENT AGENCY THIS AGREEMENT, entered into this 4�70 104 day of , 1983, by and between the CITY OF HUNTINGTON BEACH, a mu icipal corporation (hereinafter referred to as the "CITY") , and the HUNTINGTON BEACH REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and functioning under the laws of the State of California (hereinafter referred to as the "AGENCY") , in entering into and performing this Agreement, each acting under and pursuant to the California Community Redevelopment Law and each functioning as an administrative arm of the State of California in effectuating the purposes of the California Community Redevelopment Law. W I T N E S S E T H : WHEREAS , the Agency, in accordance with and pursuant to the Community Redevelopment Law of the State of California, is under- taking redevelopment projects (hereinafter referred to as the "Pro- jects") ; and WHEREAS , the Projects involve undertakings and activities by the Agency in the Project Areas for the elimination and prevention of blight and for the development of sound and economically productive use of the Project Areas; and WHEREAS , in order for the Agency to effectuate the Projects , certain assistance by the City is required; and WHEREAS , it is necessary and in the sound interest of the community and otherwise beneficial and advantageous for the City to provide to the Agency certain assistance and to otherwise cooperate with the Agency in carrying out the Projects in effectuation of State policy specified in the California Community Redevelopment Law to the end that deleterious conditions in the Project Areas be re- moved and that the Project Areas be renewed in accordance with sound practical planning objectives, which renewal will result in in- creases of tax revenues from the Project Areas and contribute materially to the well-being, progress and development of the community as a whole; NOW, THEREFORE, pursuant to the provisions of the Community Redevelopment Law of the State of California, and in consideration of the benefits to accrue to the City, the community and the citizens thereof from said Projects, and of the convenants hereinafter set forth, the CITY OF HUNTINGTON BEACH and the HUNTINGTON BEACH RE- DEVELOPMENT AGENCY do agree as follows: Section 1: Staff services shall be provided or furnished to the Agency by the City as hereinafter set forth: a. Members of the City Council of the City of Huntington Beach shall serve collectively as the Huntington Beach Redevelop- ment Agency and, as such, shall be eligible for reimbursement by the Agency for actual and necessary expenses incurred in carrying out that function and for direct compensation as provided for under Sections 33114 and 33114.5 of the Cali- fornia Community Redevelopment Law. The amount of such com- pensation shall be thirty dollars ($30) per member for each meeting of the Agency devoted to Redevelopment activities and attended by the member, so long as these meetings are not conducted in conjunction with the regularly schededuled meetings of the City Council. No member shall receive com- pensation for attending more than four meetings of the Agency during any calendar month. b. The City shall furnish the Agency the services of the City Administrator to act as Chief Executive Officer for the Agency, and will furnish such other supporting administrative and technical staff services as may from time-to-time be de- termined by the Chief Executive Officer and approved by the Agency and the City as necessary for the expeditious perfor- mance of Agency business. C. The City shall furnish to the Agency the services of the Department of Administrative Services to carry out the ac- counting, disbursement and audit of funds functioning as may be required for the efficient performance of Agency functions. -2- d. The Agency shall reimburse to the City the costs of such staff ser- vices provided. Reimbursement will include the Agency's pro-rata sha of staff salaries and all employee fringe benefits. e. The Agency shall reimburse to the City such other staff service-relat expenses as may from time-to-time be deemed necessary and appropriate which expenses may include, but need not be limited to, such items as travel, materials and equipment costs. f. The City shall periodically, not less than annually, submit to the Agency a statement of the costs incurred by the City in providing the services and facilities pursuant to this agreement. Said statement ma- include a proration of the City' s administrative and salary expenses attributable to the services of the City officials, employees, and de partments rendered on behalf of the Agency. g. A monthly financial status report shall be prepared for Agency review on an ongoing basis. Section 2: The City and the Agency shall from time-to-time enter into erative agreements to implement the provisions of this Cooperation Agreement Section 3: Other administrative and/or technical services shall be pro- vided or furnished to the Agency as hereinafter set forth: a. As from time-to-time it may be determined or advantageous, the City agrees to construct or cause to be constructed such public improve- ments or facilities as may be required under provisions of the Re- development Plans or as may be necessitated by requirements of a proposed development or reuse within the Project Areas. b. The Agency agrees that the cost of such improvements or facilities shall be advanced by the Agency to the City or the City shall be reimbursed by the Agency as necessary for such contract or other payments as may accrue for the construction thereof as set forth in an appropriate Operative Agreement and subject to compliance with Health and Safety Code Section 33445 if applicable. Section 4: The City agrees that at no cost or expense to the Agency, and upon the Agency' s request, the City will accomplish or cause to be ccomplished the vacating of all streets, roads, alleys and other public ays , to be eliminated in preparing the Project Areas for its new uses, in accordance with, or as subsequently determined necessary in order to carry out the purposes of the Redevelopment Plans. -3- The City agrees to convey or cause to be conveyed to the Agency, at a cost no greater than fair-market value, any and all land and interests in land in the Project Areas owned by the City for which it is necessary to the accomplishment of the purposes of the Redevelopment Plans that such land be acquired by the Agency. Conveyance of such land shall be made within a reasonable time in accordance with applicable State laws and/or local regulations and after request therefor by the Agency in order to facilitate carrying out the Redevelopment Plans. Section 5: The Agency agrees, with respect to those lands in areas designated by the Redevelopment Plans or to be designated pursuant to the Redevelopment Plans for reuse as streets, roads, alleys, sidewalks and other public ways, to dedicate or grant in fee such land for street or other public purposes. Tfie City agrees that it will, within a reasonable time after request therefor by the Agency, accept the dedication thereof for street and other public purposes in accordance with the Redevelopment Plans, The City further agrees to accept or cause to be accepted all grants or easements necessary for the reuse of the Project Areas in accordance with the Redevelopment Plans . Section 6 : The City agrees that, after the City' s acceptance thereof, it shall maintain in good repair and working order, or cause to be so maintained, all streets, roads, alleys, sidewalks, storm sewers , water mains and other public improvements in the Project Areas constructed, installed or reconstructed, either by the City or the Agency for such time as said improvements are so used by the public in accordance with the maintenance policies of the City. The City further agrees that it will furnish, or cause to be furnished, at its own expense, or through an appropriate lighting district, the necessary electric current adequately and properly to light all street lights that may be installed in public streets, alleys or other public ways pursuant to the Redevelopment Plans or, in the future, in the Project Areas. The City further agrees that it will furnish, or cause to be furnished, all necessary and proper municipal services for so long as the same shall be needed as required by the Project Areas and the inhabitants thereof , in accordance with its new uses as specified by the Redevelopment Plans. Section 7 : The City agrees with respect to each and every public facility to be provided or furnished by it under this Agree- ment, that such public facilities shall be open without regard to race, color, religion, sex, or national origin to all occupants of the Redevelopment Project Areas after renewal and, if such facilities are provided on project land acquired from the Agency, to all others. Section 8 : If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of State Redevelopment Law and other applicable State laws and any applicable Federal law. Section 9: The obligations of the Agency hereunder shall consti- tute an indebtedness of the Agency in the meaning of Article 6 , Chapter 6 of the California Community Redevelopment Law. IN WITNESS WHEREOF, THE CITY OF HUNTINGTON BEACH AND THE HUN- TINGTON BEACH REDEVELOPMENT AGENCY have caused this Agreement to be duly executed in their behalf and the City seal to be hereunto affixed and attested, all as of the date and year first above written. CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY By ~" .e!P By Mayor Chairman ATTEST: City Agency Clerk INITATED AND APPROVED AS TO APPROVED AS TO FORM: CONTENT: / "v Director, Business & Industrial S a e opment Counsel Enterprise APPROVED AS TO FORM: Y ,—,C-Ity/Agency Attorney APPROVED: Chief ExecUt a Officer " - ATTACHMENT "A" OPERATIVE AGREEMENT NO. 1 AN AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH REDEVELOPMENT AGENCY TO IMPLEMENT THE TALBERT-BEACH REDEVELOP- MENT PLAN THIS AGREEMENT is entered into thisday of 1983, by and between the CITY OF HUNTINGTON BEACH, a mun cipal corpo- ration (herein "City") and the HUNTINGTON BEACH REDEVELOPMENT AGENCY, a public entity authorized to transact business pursuant to the pro- visions of Section 33000 et. seq. of the California Health and Safety Code (herein "Agency") . W I T N E S S E T H WHEREAS, pursuant to the attached Cooperative Agreement between the City and Agency dated 3'00j#, 2Q, it a 3 , the City agrees to provide to the Agency certain assistance and to otherwise cooperate with the Agency in carrying out the implementation of the redevelopment plans; and WHEREAS, said assistance will include the City providing the Agency with both administrative and/or technical services, constructing required public improvements and facilities as appropriate and necessary and providing funds to carry out these and other Agency activities; and WHEREAS,. said services, improvements, facilities and funds will be specified in Operative Agreements which will also identify the terms under which the City will be reimbursed for the associated costs. NOW, THEREFORE, the City of Huntington Beach agrees to provide the following in support of the implementation of the Talbert-Beach Re- development Plan: Section 1: City shall provide the necessary staff support to carry out the planning, engineering and administrative activities re- quired to implement the Talbert-Beach Redevelopment Plan. Section 2: City shall carry out the acquisition of parcels needed to establish the street right-of-ways and provide the necessary parcel consolidation as set forth in the development agreements for the area and convey said parcels to the Redevelopment Agency at fair-market value. Section 3: City shall construct the required public improve- ments as set forth in the development agreements for the area. Section 4 : City shall provide relocation advisory services and assistance to tenants and property owners displaced by the redevelop- ment activities within the project area. Section 5: City shall keep such accounting records as will en- able the City and Agency to determine the actual costs incurred and/ or monies advanced in association with pursuing the implementation of Talbert-Beach Redevelopment Plan. Section 6 : City shall be reimbursed for all costs incurred in carrying out this agreement with future Agency revenues and the Agency agrees to pay interest to the City at the rate of ten percent (10%) per annum on the unpaid balance owed the City on the expenditures made. Section 7: This document has been authorized to be executed by action taken by the Huntington Beach City Council on "5uNG Z0. /4AS , 1983, by Resolution No.52 8/ , and by the Huntington Beach Redevelopment Agency on Jigur. 2 0i • , 1983 , by Resolution No. 7G Section 8: If any portion or section of this agreement is de- clared to be unconstitutional or violative of the California Community Redevelopment Law or other applicable laws of the State of California, then only that section or portion shall be stricken as agreed upon by both parties. Such determination of unconstitutionality or unfeasi- bility shall not affect the remainder of the agreement. ' IN WITNESS WHEREOF, the parties hereto have executed this document as of the date first above written. REDEVELO1PMENT AGENCY CITY OF HUNTINGTON BEACH By Chairpers Mayor ATTEST: City Agency Clerk -2- ' 4 INITIATED AND APPROVED: RZIDRIED D PPROVED: . Dire tor, Business & Industrial Chief of Adm' istrative S i es Enterprise APPROVED AS TO FORM: APPROVED TO FORM: f ��� At3torney Agency Counsel S is a cy nsel APPROVED: City Administrator -3- f , ATTACHMENT "B" OPERATIVE AGREEMENT NO. 2 AN AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH REDEVELOPMENT AGENCY TO IMPLEMENT THE MAIN-PIER REDEVELOPMENT PLAN THIS AGREEMENT is entered into this ZOO day of 1983 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation (herein "City") and the HUNTINGTON BEACH REDEVELOPMENT AGENCY, a public entity authorized to transact business pursuant to the provisions of Section 33000 et. seq. of the California Health and Safety Code (herein "Agency") . W I T N E S S E T H : WHEREAS, pursuant to the attached Cooperative Agreement between the City and Agency dated M#jt 20, 14 63 , the City agrees to provide to the Agency certain assistance and to otherwise cooperate with the Agency in carrying out the implementation of the redevelopment plans; and WHEREAS , said assistance will include the City providing the Agency with both administrative and/or technical services, constructing required public improvements and facilities as appropriate and necessary and providing funds to carry out these and other Agency activities; and WHEREAS,' said services, improvements, facilities and funds will be specified in Operative Agreements which will also identify the terms under which the City will be reimbursed for the associated costs. NOW, THEREFORE, the City of Huntington Beach agrees to provide the following in support of the implementation of the Main-Pier Redevelopment Plan: Section 1: City shall provide the necessary staff support to carry out the planning, engineering and administrative activities re- quired to implement the Main-Pier Redevelopment Plan. Section 2: City shall assist the Agency in carrying out the ac- quisition of parcels needed to provide appropriate public improvements and bring about the necessary parcel consolidation as set forth in the development agreements which will be adopted for the area and convey said parcels and other appropriate City-owned sites to the Redevelopment Agency at fair-market value. Section 3: City shall assist in the construction of the re- quired public improvements as set forth in the development agreements for the area. Section 4: City shall provide relocation advisory services and assistance to residential tenants and property owners displaced by the redevelopment activities within the project area. Section 5: City shall keep such accounting records as will en- able the City and Agency to determine the actual costs incurred and/ or monies advanced in association with pursuing the implementation of Main-Pier Redevelopment Plan. Section 6 : City shall be reimbursed for all costs incurred in carrying out this agreement with future Agency revenues and the Agency agrees to pay interest to the City at the rate of ten percent (10%) per annum on the unpaid balance owed the City on the expenditures made. Section 7 : This document has been authorized 'to be executed by action taken by the Huntington Beach City Council on SLwF 1p , 1983 , by Resolution No. 5'2 16/ , and by the Huntington Beach Redevelopment Agency on :3U-VL 14 — , 1983, by Resolution No. 7(p Section 8: If any portion or section of this agreement is de- clared to be unconstitutional or violative of the California Community Redevelopment Law or other applicable laws of the State of California, then only that section or portion shall be stricken as agreed upon by both parties. Such determination of unconstitutionality or unfeasi- bility shall not affect the remainder of the agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the date first above written. REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH .- , By Chairperson Mayor -2- ATTEST: ae w4z�;;� City Agency Clerk INITIATED AND APPROVED: REVI ED AND PRO D: ,� i Director, Business & Industrials C ie of A&9U;9fk4tive Se vi s Enterprise APPROVED AS TO FORM: APPROVED TO FORM• City Attorney Agency Counsel ec' ounsel APPROVED: �--- City Adminis ator -3- ATTACHMENT "C" OPERATIVE AGREEMENT NO. 3 AN AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH REDEVELOPMENT AGENCY TO IMPLEMENT THE OAKVIEW REDEVELOPMENT PLAN THIS AGREEMENT is entered into this day of , 1983, by and between the CITY OF HUNTINGTON BEACH, a muni pal corporation (herein "City") and the HUNTINGTON BEACH REDEVELOPMENT AGENCY, a public entity authorized to transact business pursuant to the provisions of Section 33000 et. seq. of the California Health and Safety Code (herein "Agency") . W I T N E S S E T H WHEREAS, pursuant to the attached Cooperative Agreement between the City and Agency dated '��e Z ) 19,k 3 , the City agrees to provide to the Agency certain assistance and to otherwise cooperate with the Agency in carrying out the implementation of the redevelopment plans; and WHEREAS, said assistance will include the City providing the Agency with both administrative and/or technical services, constructing required public improvements and facilities as appropriate and necessary and pro- viding funds to carry out these and other Agency activities; and WHEREAS, 'said services, improvements, facilities and funds will be specified in Operative Agreements which will also identify the terms under which the City will be reimbursed for the associated costs. NOW, THEREFORE, the City of Huntington Beach agrees to provide the following in support of the implementation of the Oakview Redevelopment Plan: Section 1: City shall provide the necessary staff support to carry out the planning, engineering and administrative activities re- quired to implement the Oakview Redevelopment Plan. Section 2: City shall carry out the acquisition of parcels needed to provide the required public improvements and bring about the necessary parcel consolidation as set forth in the development agreements for the area and convey said parcels to the Redevelopment Agency at fair-market value. Section 3: City shall construct the required public improve- ments as set forth in the development agreements for the area. Section 4 : City shall provide relocation advisory services and assistance to tenants and property owners displaced by the redevelop- ment activities within the project area. Section 5: City shall keep such accounting records as will en- able the City and Agency to determine the actual costs incurred and/ or monies advanced in association with pursuing the implementation of Oakview Redevelopment Plan. Section 6: City shall be reimbursed for all costs incurred in carrying out this agreement with future Agency revenues and the Agency agrees to pay interest to the City at the rate of ten percent (10%) per annum on the unpaid balance owed the City on the expenditures made. Section 7: This document has been authorized to be executed by action taken by the Huntington Beach City Council on :S ,, _ LO 1983 , by Resolution No. n9l, and by the Huntington Beach Redevelopment Agency on '7TU#'J!& ZQ& , 1983, by Resolution No. r74 . Section 8: If any portion or section of this agreement is de- clared to be unconstitutional or violative of the California Community Redevelopment Law or other applicable laws of the State of California, then only that section or portion shall be stricken as agreed upon by both parties. Such determination of unconstitutionality or unfeasi- bility shall not affect the remainder of the agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the date first above written. REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH Chairperson Mayor ATTEST: City/Agency Clerk -2- INITIATED AND APPROVED: REVTEV D AN APPRO Eb: Director, Business & Industrial C ie o Admi ra ve Serv'ces Enterprise APPROVED AS TO FORM: APPROVE AS TO FORM: City ttorney Agency Counsel Sp- A'al A An&y Counsel APPROVED: City Administra -3- Res. No 76 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF HUNTINGTON BEACH) I , ALICIA M. WENTWORTH, Clerk of the Redevelopment Agency of the City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a meeting of said Redevelopment Agency held on the 20th day of June 19 83, and that it was so adopted by the following vote: AYES: Members: Pattinson, Thomas, Kelly, MacAllister. Finley. Bailey. Mandic NOES: Members: None ABSENT: Members: None Clerk of the Redevelopment Agency of the City of Huntington Beach, Ca.