HomeMy WebLinkAboutRedevelopment Agency - 360 RESOLUTION NO. 360
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH AGREEING TO PAY THE
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.
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Agency Resolution No. 360
NOW, THEREFORE, BE IT RESOLVED BY THE REDEVELOPMENT AGENCY OF
THE CITY OF HUNTINGTON BEACH AS FOLLOWS:
l. The Agency hereby finds and determines that the foregoing recitals are true and
correct.
2. Based on substantial evidence in the record,the Agency 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
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Agency Resolution No. 360
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.
3. The Agency hereby agrees to pay all or part of the value of the cost of the installation
and construction of Public Improvements as agreed upon and directed by the Agency
Executive Director(or her designee). The obligations of the Agency pursuant to this
Resolution shall constitute an indebtedness of the Agency for the purpose of carrying
out the Redevelopment Plan for the Project Area.
4. The Agency Executive Director(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
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Agency Resolution No. 360
Approved and adopted this jay of T„n Q , 2006.
Chair
APPROVED AS TO FORM:
c
Gene 1 Counsel
APPROVED AS TO FORM:
Kane,Ballmer&Berkman
Special Counsel
REVIEWED AND APPROVED:
/ Execut a Director
INITIATED AND APPROVED:
Director of Economic lopment
4
Agency Resolution No. 360
Exhibit A
SITE MAP DEPICTING AREA OF PUBLIC IMPROVEMENTS
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Agency Resolution No. 360
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Proposed Sidewalk Improvement
Res. No. 360
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF HUNTINGTON BEACH )
I, JOAN FLYNN, 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 regular meeting of said Redevelopment
Agency held on the 19th day of June, 2006 and that it was so adopted by
the following vote:
AYES: Bohr, Green, Sullivan, Hardy, Hansen, Cook
NOES: None
ABSENT: Coerper
ABSTAIN: None
Clerk&#the Redevelopment ency
of the City of Huntington Beach, CA