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Home My WebLink AboutCity Council - 2006-34 RESOLUTION NO. 2 0 0 6-3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONSENTING TO PAYMENT BY THE REDEVELOPMENT AGENCY FOR COSTS OF THE INSTALLATION AND CONSTRUCTION OF SIDEWALK IMPROVEMENTS IMMEDIATELY ADJACENT TO MAGNOLIA STREET AND MAKING CERTAIN DETERMINATIONS AND FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 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 Pursuant to Section 33445(a) of the California Community Redevelopment Law (Health & Safety Code Section 33000 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 The Agency desires to pay all or part of the cost of the installation and construction of approximately 1,900 linear feet of sidewalk improvements immediately adjacent to Magnolia Street, which improvements will be partially within and partially outside of the Project Area as shown on the attached Exhibit A which is incorporated herein by reference (the "Public Improvements"); and 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 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 cost of the installation and construction of the Public Improvements; and The Agency's agreement to pay all or part of the value of 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 The Public Improvements are of benefit to the Project Area and the immediate neighborhood in which the Public Improvements are located; and All other legal prerequisites to the adoption of this Resolution have occurred. 2513 KBB 1 Resolution No. 2006-34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AS FOLLOWS: 1. The City Council hereby finds and determines that the foregoing recitals are true and correct. 2. Based on substantial evidence in the record, 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 incorporated by reference. An enumerated goal of the Five Year Implementation 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. One other goal of the Redevelopment Plan will also be achieved by the implementation of this program: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. 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. 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 2513 KBB 2 Resolution No. 2006-34 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. 3. The City Council hereby consents to payment by the Agency for all or part of the installation and construction of the Public Improvements as agreed upon and directed by the Agency Executive Director(or her designee). 4. The City Administrator (or her designee) is authorized to take any action and execute any and all documents and agreements necessary to implement this Resolution. 5. This Resolution shall take effect immediately upon its adoption. REST OF PAGE NOT USED 2513 KBB 3 Resolution No. 2006-34 Approved and adopted this-jat4y of junt- , 2006. YGGtr Mayor APPROVED AS TO FORM: jity�At�omey APPROVED AS TO FORM: Kane,13allmer&Berkman Special Counsel REVIEWED AND APPROVED: eta city A&mimstrator INITIATED AND APPROVED: /� Director of EconoKtp evelopment 4 Resolution No. 2006-34 Exhibit A SITE MAP DEPICTING AREA OF PUBLIC IMPROVEMENTS [behind this page] Resolution No. 2006-34 Exhibit A �� zr°,k , -s '�'v' z` 'v. a a"t ,aJ" ;� .kaa."gr 5a�wS`c.'Y :_:<; t�,; ? r,r ze.'�i�3+tes+� i,� '%.$a�,.,.� '*Tzp+z Southeast , � � M, IM a?ak " Coastal edeelcnnt � ., Tr � � 5 � , a. ,. Mg, � . x &�M -n. ., ..- �'; _,.,''c �_• nasa; i "z'`ce� '�a%' f : c fi a .y're aka s e a P>; 'tt.��?�' x �.'{ , ad ;; $. '§.^ 3 ay3'�^�.�r```� �. hk�'�^ `,, a:> "r e{t'�e,S',Lgc, `°q��s.'r a5'..r 7,• 1. yagL5' a.• .1. " ^i'�.�"�} j'�nRy'a,.:. � ;� ,' 2a+� °''.,� tt s`1 r'.'� �r s• �' '` � ��'c.£� o Ae ,ae*p1w +. +y�`^.,ri +{. ,.,,f �,,.', Y ";.e ,saP�, .dS�,. *4 ' ?� �"e 1G rz,.• r a,}, �7 xs, r I"r�g, ,.s` x. a �` '° .. ��' ,'.,�,. �. x i cx-.ax r t"-; .Faso �'""✓ a.fi � a A�€ I�p��,,�,w. �`4\,-^ .�� . a �. ,�s�. '�i„e, F r� �, a z"40 ,e%' ��'M1*',£ r .r- ^�"�fi r : �` ate.�✓g''�° h� '3��g' ew'^#r'd: � h�.z � �. e t�� _� �, •� 3"� d � .'� <`°i�� R k )'a _ ,� � rk�..��w�r+a�a;f p�,s�'r"�{ �'a A s'e i R' "�• i" �.� � °e x f' $Y a� i s � J \ M� tax s y s� N 4 uvT r� s.� gg•t gpg lk \ fl MA x°: ,w� "�.w �) �,��^e ♦ rr'`'.�`�-° ,i "s '�^`'� °{' �� ^• xJ,ts Y *s y ,�s ' c3 z .$k'. ar- '� 4�" .=x,._,.4ec� _._..__ ,�+;4..,-rsf ,..:.-,s.,.,. ,} ..•....,. ,Taa�....,. it. e arm;' �'�.r�`k,." '�, ��.,...; Proposed Sidewalk Improvement Res. No. 2006-34 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN 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 19th day of June, 2006 by the following vote: AYES: Bohr, Green, Sullivan, Hardy, Hansen, Cook NOES: None ABSENT: Coerper ABSTAIN: None City fArk and ex-officio Cl k of the City Council of the City of Huntington Beach, California