HomeMy WebLinkAboutCity Council - 2003-68 RESOLUTION NO. 2003-68
CITY COUNCIL RESOLUTION APPROVING A COOPERATION AGREEMENT
WITH THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON
BEACH RELATED TO CERTAIN CAPITAL IMPROVEMENTS WITHIN OR OF
BENEFIT TO THE SOUTHEAST COASTAL REDEVELOPMENT PROJECT AND
MAKING CERTAIN DETERMINATIONS AND FINDINGS
WHEREAS, the Redevelopment Agency of the City of Huntington Beach ("Agency") is
engaged in activities necessary to execute and implement the redevelopment plan, as amended and
supplemented from time to time,("Redevelopment Plan")for the Southeast Coastal Redevelopment
Project("Project Area"); and
WHEREAS,pursuant to Section 33445(a)of the California Community Redevelopment Law
(Health&Safety Code Section 3 3000 et seq.)("CRL"),the Agency may,with the consent of the City
Council("City Council")of the City of Huntington Beach("City"),pay all or part of the value of the
land for and the cost of the installation and construction of any facility, structure, or other
improvements which is publicly owned either within or outside a project area, if the City Council
makes certain determinations; and
WHEREAS, the City and Agency have negotiated that certain agreement entitled
"Cooperation Agreement between the City of Huntington Beach and the Redevelopment Agency of
the City of Huntington Beach Regarding Certain Capital Improvements within or of benefit to the
Southeast Coastal Redevelopment Project" dated as of the 2nd day of September, 2003
("Agreement"); and
WHEREAS,the Agreement requires the Agency to pay to the City and/or such third parties
as may be directed by the City such amounts as may be requested by the City to pay all or part of the
value of the land for and/or the cost of the installation and construction of any of the public
improvements listed on Exhibit A to the Agreement(collectively,the"Public Improvements");and
WHEREAS, it is in the best interests of the City and for the common benefit of residents,
employees,business tenants and property owners within the Project Area and the City as a whole for
the Public Improvements to be installed and constructed; and
WHEREAS, since there are no other reasonable means available to the City to finance the
Public Improvements, the Agency proposes to pay all or part of the value of the land for and/or the
cost of the installation and construction of the Public Improvements; and
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Resolution No. 2003-68
WHEREAS,the Agency's agreement to pay all or part of the value of the land for and/or the
cost of the installation and construction of the Public Improvements constitutes an indebtedness of
the Agency for the purpose of carrying out the redevelopment for the Project Area; and
WHEREAS,the Public Improvements are of benefit to the Project Area and the immediate
neighborhood in which the Public Improvements are located; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AS FOLLOWS:
Section 1. The City Council hereby finds and determines that the foregoing recitals are true and
correct.
Section 2. Based on substantial evidence in the record, including, without limitation, all
documents referenced herein,any oral and written staff reports,and any evidence and
testimony received, the City Council hereby finds and determines that:
a. The Public Improvements are of benefit to the Project Area and the immediate
neighborhood in which the Public Improvements are located. This determination is
based, in part,on the fact that the Public Improvements are in the best interests of the
City and the health, safety, morals and welfare of its taxpayers,employees,business
tenants, property owners and residents. The Report to Council, including, without
limitation,the Agency's Five Year Implementation Plan for the Project Area,which
was prepared in connection with the adoption of the Redevelopment Plan is hereby
inc
orporated by reference. An enumerated goal of the Five Year Implementation
1 m p e e
Plan is to"[u]ndertake public improvements,in,and of benefit to,the[p]roject[a]rea
In addition, the "Public Infrastructure and Facility Program" is a specific
program listed in the Five Year Implementation Plan. This program is intended to
assist with construction of public improvements in the Project Area which address
substandard and inadequate infrastructure in the Project Area. Two other goals of the
Redevelopment Plan will also be achieved by the implementation of this program:
first,to permit the Agency to assist with park and trail improvements and, second,to
ensure Project Area revenues are pledged to projects that directly benefit the Project
Area. Pursuant to the Five Year Implementation Plan,this program will address the
following conditions of blight identified in the Project Area: factors hindering viable
use, impaired investments and inadequate public improvements;
cgAHB1S.E.Coastal Cap Improvements\City33445Reso(8-18-03)
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Resolution No. 2003-68
b. No other reasonable means of financing the Public Improvements are available to the
City. This determination is based, in part, on the fact that the City itself is not in a
position to finance the Public Improvements. The City is having difficulty fully
assuming the costs of anticipated and needed public capital improvements. Without the
assistance of tax increment funding from the Project Area, capital improvements in
other parts of the City would have to be deferred or eliminated in order to fund the
Public Improvements. Given the constraints on financing sources which are under the
direction of the City,all anticipated and needed public capital improvements cannot be
completed using only City funds. It is clear that there must be a combination of tax
increment and non-tax increment funding; and
c. The payment of funds by the Agency for the costs related to the Public Improvements
will assist in the elimination of one or more blighting conditions within the Project
Area and is consistent with the Agency's Five-Year Implementation Plan for the
Project Area. This determination is based, in part,on the information contained in
paragraph a., above.
Section 3. The City Council hereby consents to the payment of funds by the Agency pursuant to
the Agreement. The proposed Agreement is hereby approved in substantially the
form presented at this meeting,with such minor changes as may be approved by the
City Administrator with the approval as to form by the City Attorney. The
obligations of the Agency under the Agreement shall constitute an indebtedness of
the Agency for the purpose of carrying out the Redevelopment Plan for the Project
Area.
Section 4. The Mayor or the City Administrator are each hereby authorized to execute the
Agreement on behalf of the City. A copy of the Agreement when executed by the
City shall be placed on file in the office of the City Clerk.
Section 5. The City Administrator (or the Director of Economic Development) is hereby
authorized,on behalf of the City,to sign all documents necessary and appropriate to
carry out and implement the Agreement, and to administer the City's obligations,
responsibilities and duties to be performed thereunder.
cg:1HB\S.H.Coasta1 Cap I nprovements\City33445Reso(S-I M3)
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Resolution No. 2003-68
Approved and adopted this 2nd day of September , 2003.
&'X1'
?a7h4a4--'
Mayor
ATTEST: APPROVED AS TO FORM:
d044 owoiwa;�— r
City Clerk C' Atto 'ey /3
APPROVED AS TO FORM:
See other signature page
Kane, Ballmer& Berkman
Special Counsel for the City
REVIEWED AND APPROV D:
City Administrator
INITIATED AND APPROVED:
Dfrector of Economic Development
cgAHBIS.E.Coastal Cap Improvements,City33445Reso(8-18-03)
Page 4
Resolution No. 2003-68
Approved and adopted this day of 12003.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
APPRD AS TO FORM:
See full signature page
Kane,Vallmer&Berkm
Speci 0
Counsel for the . i
REVIEWED AND API VED:
City Administrator
INITIATED AND APPROVED:
Director of Economic Development
cgAHB1S.E.Coasta1 Cap Improvements\City33445Reso(8-18-03)
Page 4
Exhibit A Resolution No. 2003-
6$
EXHIBIT A
COOPERATIVE AGREEMENT WITH
LIST OF PUBLIC IMPROVEMENTS
[behind this page]
Exhibit A Resolution No. 2003-68
COOPERATION AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH AND THE
REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH REGARDING
CERTAIN CAPITAL IMPROVEMENTS WITHIN OR OF BENEFIT TO
THE SOUTHEAST COASTAL REDEVELOPMENT PROJECT
This COOPERATION AGREEMENT ("Agreement") is dated as of the 2nd day of
September, 2003 by and between the City of Huntington Beach("City"), and the Redevelopment
Agency of the City of Huntington Beach ("Agency"), and is made with reference to the
following facts:
RECITALS
A. The Agency is engaged in activities necessary to execute and implement the
redevelopment plan, as amended and supplemented from time to time, ("Redevelopment
Plan") for the Southeast Coastal Redevelopment Project ("Project Area").
B. In order to assist in the elimination of one or more blighting conditions within the Project
Area and implement the provisions of the Community Redevelopment Law (Health &
Safety Code Section 33000 et seq.),the Agency proposes to make certain payments to the
City and/or third parties pursuant to the terms and conditions of this Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the City and the Agency hereby agree as follows:
TERMS
1. Exhibits and Recitals. The "Exhibits" and "Recitals" of this Agreement constitute a
material part of this Agreement and are incorporated by reference as though fully set
forth hereto.
2. Agency Payments. Upon notice from the City, the Agency agrees to pay to the City
and/or such third parties as directed as may be directed by the City such amounts as may
be requested by the City to pay all or part of the value of the land for and/or the cost of
the installation and construction of any of the public improvements listed on Exhibit A,
cg:1HB1S.E.Coastal Cap Improvements\Coop.Agmt(8-18-03)
Page 1
Exhibit A Resolution No. 2003-68
which exhibit is attached hereto and incorporated herein by reference.
3. Notices. Any notice to be given or other document to be delivered by either party to the
other may be delivered in person or may be deposited in the United States mail, with first
class postage prepaid, and addressed as follows:
City: City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Attn: Director of Administrative Services
Agency: Redevelopment Agency of the City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Attn: Deputy Executive Director
4. Further Documents. The parties hereto hereby agree to execute such other documents
and to take such other actions as may be reasonably necessary to further the purposes of
this Agreement.
5. Time of the Essence. Time is of the essence in this Agreement.
6. Successors and Assigns. This Agreement is made for the sole benefit and protection of
the parties hereto, and their successors and assigns, and no other person or persons shall
have any right of action or right to rely hereon. This Agreement shall be binding upon
and inure to the benefit of the successors, assignees, personal representatives, heirs and
legatees of all the respective parties hereto.
7. Governing_ Law. This Agreement shall be governed by the laws of the State of
California.
8. Invalidity. If any term or provision of this Agreement, the deletion of which would not
adversely affect the receipt of any material benefit by any party hereunder, shall be held
by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this
Agreement shall not be affected thereby and each other term and provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by law. It is the
intention of the parties hereto that in lieu of each clause or provision of this Agreement
that is illegal, invalid or unenforceable, there be added as a part of this Agreement an
enforceable clause or provision as similar in terms to such illegal, invalid or
unenforceable clause or provision as may be possible.
9. Interpretation. No provision in this Agreement is to be interpreted for or against either
cgAHMS.E.Coastal Cap Improvements\Coop.Agmt(8-18-03)
Page 2
Exhibit A Resolution No. 2003-68
party because that party or its legal representatives drafted such provision.
10. Voluntary Agreement. The parties hereto further represent and declare that they carefully
read this Agreement and know the contents thereof, and that they sign the same freely
and voluntarily.
11. Amendment. This Agreement may be amended or modified only by a written instrument
executed by the City and the Agency.
12. Agency Indebtedness. The obligations of the Agency under this Agreement shall
constitute an indebtedness of the Agency for the purpose of carrying out the
redevelopment for the Project Area.
13. Liability and Indemnification. In contemplation of the provisions of California
Government Code Section 895.2 imposing certain tort liability jointly upon public
entities solely by reason of such entities being parties to an agreement as defined by
Government Code Section 895, the parties hereto, as between themselves, pursuant to the
authorization contained in Government Code Sections 895.4 and 895.6, shall each
assume the full liability imposed upon it, or any of its officers, agents or employees, by
law for injury caused by negligent or wrongful acts or omissions occurring in the
performance of this Agreement to the same extent that such liability would be imposed in
the absence of Government Code Section 895.2. To achieve the above-stated purpose,
each party indemnifies, defends and holds harmless the other party for any liability,
losses, cost or expenses that may be incurred by such other party solely by reason of
Government Code Section 895.2.
14. No Third Party Beneficiaries. This Agreement is intended solely for the benefit of the
City and the Agency. Notwithstanding any reference in this Agreement to persons or
entities other than the City and the Agency, there shall be no third party beneficiaries
under this Agreement.
15. Enforced Delay. For purposes of any provision of this Agreement, no party, nor any
successors or assign of any party, shall be considered in breach of, or default in, its
obligations under this Agreement as a result of the enforced delay in the performance of
such obligations due to causes beyond such party's reasonable control, including, without
limitation, failure of governmental agencies to act or to issue necessary permits or
licenses, acts of God, acts of the public enemy, acts of the State or Federal governments,
acts of any other party (including, but not limited to, delays in performing such other
party's obligations pursuant to this Agreement), fires, floods, epidemics, quarantine
restrictions, strikes, labor disputes, freight embargoes, inability to obtain materials or
supplies or unusually severe weather or delays of contractors and subcontractors due to
such causes; it being the purpose and intent of this provision that in the event of the
cg:%HB\S.E.Coastal Cap Improvements\Coop.Agmt(8-18-03)
Page 3
Exhibit A Resolution No. 2003-68
occurrence of any such enforced delay, the time or times for performance of the
obligations of such party shall be extended for the period of the enforced delay.
CIT OF HUNTINGTON BEACH
r
Dated: September 2, 2003Q%4-U& &M"�L, -
Name: Connie Boardman
Its: Mayor
Or
REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH
Dated:
Name: Ray Silver
Its: Executive Director
ATTEST: APPROVED AS TO FORM:
City/Agency Clerk < ity Attomeey/Agency eral Counsel"G
APPROVED AS TO FORM:
See other signature page
Special City/Agency Counsel
Kane, Ballmer & Berkman
REVIEWED AND PPR�AOV D: REVIEW D AND AP OV D:
j J&",
Executive Director ]rS City Administrator
INITIATED AND APPROVED: INITIATED AND APPROVED:
C- *! &�w a-'&� -
Deputy Executive Director Director of Econom evelopment
cg:1MS.E.Coastal Cap Improvements\Coap.Agmt(5-18-03)
Page 4
Exhibit A Resolution No. 2003-68
occurrence of any such enforced delay, the time or times for performance of the
obligations of such party shall be extended for the period of the enforced delay.
CITY OF HUNTINGTON BEACH
Dated:
Name:
Its:
REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH
Dated:
Name:
Its:
ATTEST: APPROVED AS TO FORM:
City/Agency Clerk City Attorney/Agency General Counsel
APP OVED AST FO
Speci ity/Agency ounsel See full signature page
Kane allmer& kman
REVIEWED A PROVED: REVIEWED AND APPROVED:
Executive Director City Administrator
INITIALED AND APPROVED: INITIALED AND APPROVED:
Deputy Executive Director Director of Economic Development
cgA1HMS.E.Coastal Cap Improve=tits\Coop.Agmt(8-18-03)
Page 4
CONCEPTUAL FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP)
Estimated
Order Priority I Ref. Title Si nificance Facto s Amount 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 5-Year Total
Southeast Coastal Project Area
2a " SD-1 Rebuild Newland Pump Station 2 ABCD 9 000 00 :3I ,. . 3,500,00
2b SD-2 U ize Storm Drain to Newland PumpStation 2 ABCD 300.000 �-m 300,000
3a SD-3 U size Storm Drain in Hamilton Avenue 2 ABCD 600 00 580,00
la SD-4 New Storm Drain in Newland Street 2 ABCD 250,000 250,000
S-1 New Sewer in Edison Avenue 1 ABCD 250,000 250.000
W-1 New Southeast Reservoir 2 AB 14,350,0001 funded 0
W-2 New 24"Transmission Main 2 AB 400,000 funded 0
1b ST-1 Widen Newland Street 4 BCHI 2,350,000 funded 0
ST-2 Restri a Hamilton Avenue 8 H 30,000 0
4b ST-3 Rehabilitate Magnolia Street 4 Hi 240,000 �aie°.; 4 240,0001
4a ST-4 New Sidewalk&Pedestrian Lightinn at Ma nolia Street 3 Hi 135,000 ais§F" 135,000 1-'
1c ST-5 Traffic Si nal at Newland Street and Hamilton Avenue 5 BH 150,000 funded 0 i
M-Ia Magnolia Marsh Acquisition 13 FGH 1,400,000 funded 1 0 U]
*3
* 270.00 O
UtilitiesM-3 Underground
100 000 Fx1
I Mdz-&Underground0 0
" 00
.000
4e * t M HI 1 0
* 100.00 9C
p H x
0 n H
M-fi 10pen Space Acquisition tank farm 12 H
0 H H
Subtotal: 39.425,000 1,035,000 1,250,000 1,240,000 2,000,000 1,200,000 6,725,000 :3: q
Fd
Greater Southeast Area O
SO-1 Rebuild Banning Pump Station 2 ABCD 3 300 000 C
S-1 U size Sewer Main in Hamilton Avenue 1 ABCD 450,000
W-1 New 24-Water Main 2 ABCD 2,300 000
z
1 y
U)
r
Qbdgne Drive
2 M-2 Edison Park i ;d
rfi m
r�
Magnolian a
M-5 Pro ects at School Sites 11 H ~
G
M Enia a or Rehabilitate Banning Library 11 H rY
M-7 Rehabilitation of Edison Community Center 11 H O
M-8 Rehabilitatlon of Magnolia Fire Station 11 H
M-9 Underaround Utilitles(Banning) 15 HI
' M-10 UCR Wetlands Acquisition 12 H 655 150 OW
Subtotal: 10,820,000 150,000 0 0 0 150 000
GRAND TOTAL: 1,185 D00 1 250 000 1 240 000 2 000 000 1 200 00 6 875 000 O
C
Note: The asterisk In the Priority Column indicates that the prolect was selected for ossible inclusion in the
Desi n Construction Combo 01
00
Nate: (1) To see dwfimthngsozo e,see the pwjelct namra 12
Res. No. 2003-68
STATE OF CALIFORNIA
COUNTY OF ORANGE } ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk
of the City of Huntington Beach, and ex-officio Clerk of the City Council of
said City, do hereby certify that the whole number of members of the City
Council of the City of Huntington Beach is seven; that the foregoing resolution
was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at an regular meeting thereof held on the
2nd day of September 2003 by the following vote:
AYES: Sullivan, Coerper, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: Green
ABSTAIN: None
City Clerk and ex-offici Clerk of the
City Council of the City of
Huntington Beach, California