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HomeMy WebLinkAboutCity Council - 2008-24 RESOLUTION NO. 2008-24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONSENTING TO THE PAYMENT BY THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH OF THE COSTS ASSOCIATED WITH (1) THE INSTALLATION OF TWO NEW TRANSFORMERS AT THE INTERNATIONAL SURFING MUSEUM PARKING LOT AND (2) THE IN-LIEU PARKING FEE FOR ONE SPACE THAT WILL BE LOST AT THE INTERNATIONAL SURFING MUSEUM PARKING LOT AS A RESULT OF THE INSTALLATION OF TWO NEW TRANSFORMERS AND MAKING CERTAIN DETERMINATIONS AND FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 WHEREAS, the Redevelopment Agency of the City of Huntington Beach(the "Agency") is engaged in activities necessary to carry out and implement the Redevelopment Plan for the Merged Redevelopment Project Area(the "Project Area") of the City of Huntington Beach; 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 (the "City Council") of the City of Huntington Beach (the "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 the costs associated with (1) the installation of two (2) new transformers at the International Surfing Museum parking lot, with the address of 411 Olive Street, Huntington Beach, California ("Surf Museum Parking Lot"), and (2) the in-lieu parking fee for one space that will be lost at the Surf Museum Parking Lot as a result of the installation of two (2) new transformers (collectively referred to as the "Improvements") in order to provide additional electrical capacity for the City's downtown area from the two (2) new transformers (the "New Transformers"), excluding any costs for normal maintenance or operations of the New Transformers, which is located within the Project Area; 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 Improvements to be paid and installed at the Surf Museum Parking Lot in order to provide.the New Transformers; and 1 Resolution No. 2008-24 Since there are no other reasonable means available to the City to finance the Improvements, the Agency proposes to pay the costs associated with the Improvements; and The Agency's agreement to pay the costs associated with the Improvements constitutes an indebtedness of the Agency for the purpose of carrying out the redevelopment for the Project Area; and The Improvements are of benefit to the Project Area and the immediate neighborhood in which the New Transformers are located; and 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: 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 Improvements are of benefit to the Project Area and the immediate neighborhood in which the New Transformers are located and is consistent with the goals of the Five-Year Implementation Plan for the Project Area, including, without limitation, the goals of improving public facilities and providing electric infrastructure to both developed and undeveloped properties within the Project Area. This determination is based, in part, on the fact that the Improvements are in the best interests of the City and the health, safety, and welfare of its taxpayers, employees, business tenants, property owners and residents. The Improvements. will benefit all employees, business tenants and property owners of the Project Area, as well as the residents, employees, business tenants and property owners of the City; b. No other reasonable means of financing the 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 Improvements. Without the assistance of the Agency, the Improvements would not be feasible; and C. The payment of funds by the Agency for the costs related to the 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 2 Resolution No. 2008-24 is based, in part, on the information contained in paragraph a., above. 3. The City Council hereby consents to payment by the Agency for costs of the Improvements as agreed upon and directed by the City Administrator (or his/her designee). 4. The City Administrator (or his/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. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 21 s t day of April , 2008. ATTEST: X44ha" C&fy Clerk Mayor REVIE ND A PROVED APPROVED AS TO FORM: City Administrator City Attorney KANE, BALLMER& BERKMAN Special Counsel Murray O. ane INITIATED AND APPROVED: Director oflfconomiol Qeelopment. 3 Res. No. 2008-24 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 a regular meeting thereof held on April 21, 2008 by the following vote: AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green NOES: Carchio ABSENT: None ABSTAIN: None Clerk and ex-offici Clerk of the City Council of the City of Huntington Beach, California