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HomeMy WebLinkAboutRedevelopment Agency - 103 RESOLUTION NO. 103 , A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING AGREEMENT WITH THE ORANGE COUNTY WATER DISTRICT FOR PAYMENT TO ALLEVIATE FINANCIAL BURDEN A DETRIMENT CAUSED BY THE OAKVIEW, YORKTOWN, LAKE, MAIN PIER, AND HUNTINGTON CENTER REDEVELOPMENT PROJECT WHEREAS , the Agency has prepared a Redevelopment Plan for the Talbert Gap Flood Redevelopment Project , which plan was approved by the City Council of the City of Huntington Beach by Ordinance No. 2743 adopted following a joint public hearing held by the Agency and City Council on November 19 , 1984 ; and WHEREAS , the Redevelopment Plan provides for the use of tax increment financing of activities and projects undertaken to implement the Plan; and WHEREAS , the Redevelopment Plan will cause a financial burden or detriment to the Orange County Water District. 1 . Such tax increments , which would have occurred in the absence of the Project such as the compounded annual growth of up to two percent permitted by Proposition 13, are lost by the Orange County Water District. 2 . Demand on the Orange County Water District may increase as a result of redevelopment ; and WHEREAS , Section 33401 of the Health and Safety Code and Section 316 of the :Redevelopment Plan provide that the Agency may pay to the County and its districts any amounts of money which, in the Agency 's determination, are appropriate to alleviate such financial burden or detriment ; and WHEREAS , after consultations pursuant to Section 33028 of the Health and Safety Code , the Agency , the City of Huntington Beach and the Orange County Water' District desire to enter into an agreement for the following areas : 1 . Oakview, 2. Yorktown Lake 3. Talbert Beach 4. Main Pier 5. Huntington Center Commercial District Redevelopment Project under which the Agency will pay certain amounts to the County to alleviate such financial burden or detriment ; and NOW, THEREFORE, BE IT RESOLVED by the Huntington Beach Redevelopment Agency as follows : 1 . The "Agreement for Reimbursement of Tax Increment Funds" between the Agency, the City of Huntington Beach, and the Orange County Water District , in the form attached to this resolution and incorporated herein by reference , is hereby approved and the Chairman is hereby authorized and directed to sign said agreement. 2 . The Agency hereby finds , based upon the evidence provided by the Orange County Water District and cited above , that the Talbert Gap Flood Control Redevelopment Plan would have a financial burden or detriment on the County and its districts , but that such burden or detriment is alleviated by the payments provided for in the attached agreement. 3. The Agency hereby determines that the amounts of money to be paid to the Talbert Gap Flood Control Redevelopment Plan under the attached agreement are necessary and appropriate to alleviate the financial burden or detriment which would otherwise be caused by the Project. PASSED, APPROVED AND ADOPTED this 19th day of November,1984 r ski-Z 1/04 ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Depu y Director of Redevelopment S./ o AGREEMENT This Agreement is made and entered into this 14th day of November , 1984, by and between the ORANGE COUNTY WATER DISTRICT (the "District" ) and the HUNTINGTON BEACH REDEVELOPMENT AGENCY (the "Agency" ) . R E C I T A L S , 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 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; and WHEREAS, pursuant to Section 33327 of the California Health and Safety Code, the Agency has prepared, and the City Council of the City of Huntington Beach has adopted redevelopment plans by the following Ordinance numbers, for the Oak View Project - Ordinance No. 2582, Yorktown Lake Project - Ordiance No. 2576, Main Pier - Ordinance Nos. 2578 and 2634, and Talbert Beach - Ordinance No. 2577 (sometimes collectively referred to herein as "Redevelopment Plans" ) which delineate four redevelopment project areas (the "Project Areaa" ) ; and 4 Y WHEREAS, the Agency has additionally proposed a redevelopment plan for the Huntington Center Commercial District and a redevelopment plan for Talbert Gap ( "Proposed ,. Redevelopment Plans" ) each of which delineate a new • redevelopment Project Area; and WHEREAS, the Redevelopment Plans contain provisions for the distribution and allocation of property tax revenues, derived from property located within the Project Areas, to the Agency pursuant to California Health and Safety Code Section 33670(b) (hereinafter referred to as "Tax Increment" ) ; and WHEREAS, but for the adoption of the Redevelopment Plans, the District would receive that portion of tax revenues from the Project Areas determined by application of the basic tax levy of $1.00 per $100.00 of taxable value ( "Basic Tax Levy") levied on behalf of the District in each fiscal year to the incremental taxable value in the Project Areas but for the ' adoption of the Redevelopment Plans (the "District Portion" ) ; and WHEREAS, the parties agree that the Oakview, Yorktown Lake, Main Pier, Talbert Beach, and Huntington Center Redevelopment Plans will cause a financial burden and detriment . to the District in that there will be a net increase in the ground water replenishment obligations of the District combined with a loss -of property tax revenues produced by changes in ownership and new construction within the Project Areaev and 1813p/2273/00 -2- WHEREAS, the parties agree that no financial burden or detriment will be caused as a result of the Talbert Gap Redevelopment Plan; and WHEREAS, the parties agree that the payments provided for under this agreement are necessary to alleviate the above financial burdens and detriments ; and WHEREAS, pursuant to California Health and Safety Code 33401, the Agency may pay to the District an amount of money which, in the Agency's determination, is appropriate to alleviate any financial burden or detriment caused to the District by the adoption of redevelopment plans; and WHEREAS, for the above reasons, and to amicably resolve any differences regarding the Redevelopment Plans, 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: SECTION 1. In each year, commencing with fiscal year 1983-84, that taxes are allocated to and received by the Agency pursuant to Section 33670 of the California Health and Safety Code or its successors, from the Oakview, Yorktown 'Lake, Main Pier, and Talbert Beach Project Areas, the Agency will pay to the District a sum equal to Fifty Percent (50%) of the District Portion of -that Tax Increment which is generated by the Basic Tax Levy which is so allocated to and received by the Agency until such time as the taxable value of the properties within 1813p/2273/00 -3- such Project Areas increases in value over the 1982-83 base year taxable value by one hundred percent, in which event, the Agency ' s payment obligations to the District hereunder with respect to each such Project Area shall terminate. SECTION 2. In fiscal year 1995-96 and in each succeeding fiscal year of the Huntington Center Commercial District Redevelopment Plan, that taxes are allocated to and received by the Agency pursuant to Section 33670 of the California Health and Safety Code or its successors, from the Huntington Center Commercial District Project Area, the Agency will pay to the District a sum equal to Thirty-four percent (34%) of the District Portion of that Tax Increment which is generated by the Basic Tax Levy which is so allocated to and received by the Agency. SECTION 3. Payments to District as set-forth in Sections 1 and 2 above, are subject to the following conditions and limitations: A. Agency' s obligations under this Agreement are deemed to constitute "an indebtedness" within the meaning of Health and Safety Code Section 33675; B. Agency shall pay to District amounts due pursuant to this Agreement during each fiscal year within a reasonable period after Agency receives the 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 1813p/2273/00 -4- 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 Tax Increment from the Project Areas received by the Agency, but are payable by the Agency from any source. SECTION 4. . The District shall not file or participate in opposition to the Agency or City of Huntington Beach in any lawsuit, attacking or otherwise questioning the validity, adoption, or approval of the Redevelopment Plans or the Proposed Redevelopment Plans or any of the findings or determinations made or to be made by the Agency or the City Council of the City in connection therewith. SECTION 5. This Agreement constitutes the entire agreement between the Agency and the 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. SECTION 6. This Agreement shall be effective retroactive to September 20, 1982 and shall continue in effect until the Agency is deactivated pursuant to Section 33141 of the California Health and Safety Code or its successor. f 1813p/2273/00 -5- IN WITNESS WHEREOF, the parties hereto have executed this Aqrepment cii the RUTAN & TUCKER ORANGE COUNTY WATER DISTRICT t By- i By: er Counsel for esident Ora a County Water ID ' trict AM. Secretary Manager Approved as to form: STRADLING, YOCCA, HUNTINGTON BEACH REDEVELOPMENT CARLSON & RAUTH AGENCY By= By: Special Counsel . r APPROVED AS TO FORM: ATTEST: 4Ce5rLk it/r 9��Y Agency Counsel 1813p/2273/00 -6- Res. No. 103 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 19th day of November , 19 84 , and that it was so adopted by the following vote: AYES: Members: MacAllister, Kelly, Bailey NOES: Members: Finley, Mandic ABSENT: Members: Pattinson NOT VOTING: Thomas erk of We Re-development Agency of the City of Huntington Beach, Ca.