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HomeMy WebLinkAboutOC FLOOD CONTROL DISTRICT - 1989-08-08AGREEMENT BY AND AMONG THE COUNTY OF ORANGE, THE ORANGE COUNTY FLOOD CONTROL DISTRICT, AND THE HUNTINGTON BEACH REDEVELOPMENT AGENCY PERTAINING TO AMENDMENT NO. ONE TO THE OAKVIEW REDEVELOPMENT PLAN �. Th Agreement is made and entered into this g day of , 1089 by and anong the County of Orange; the Orange C unty Flood Control District (hereafter collectively referred to as "County Taxing Entities") and the Huntington Beach Redevelopment Agency (hereinafter referred to as the "Agency"). S. Y L• WHEREAS, the Agency is a redevelopment agency existing pursuant to the provisions of the Community =redevelopment Law (California Health and Safety Code Section 33000, e1 sea.) which has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council o: the 'City of Huntington, Beach (the "City Council"); and WHEREAS, in November 1982, the City Council adopted Ordinance lao. 2582 approving a Redevelopment Plan (the "Plan") for the Oakview Redevelopment Project (the "Project"); and WHEREAS, the Agency has formulated Amendment No. One to the Oakview Redevelopment Project ("Amendment No. One"). WHEREAS, Amendment No. One, contains provisions to increase the limitation for the distribution and allocation of property tax revenues derived from property located within the Oakview Redevelopment Project Area (the "Project Area") to the Agency pursuant to California Health and Safety Code Section 33670(b) (hereafter referred to as "Added Tax Increment"); and WHEREAS, meetings have been held by representatives of the County Taxing Entities and representatives of the Agency to discuss the fiscal impact of the Project on the County Taxing Entities; and WHEREAS, the County of Orange (the "County") has negotiated on behalf of all entities and departments with respect to which the members of the Board of Supervisors serve on the governing board; and WHEREAS, pursuant to California Health and Safety Code Section 33401, the Agency may pay to the County Taxing Entities as a taxing agency with territory located in the Project Area, an amount of money which, in the Agency's determination, is appropriate to alleviate any financial burden or detriment caused to the County Taxing Entities by the implementation of Amendment No. One; and WHEREAS, the Parties agree that the allocation of all the tax increment revenue to the Agency as a result of the implementation of Amendment No. One as proposed would cause a financial burden and detriment to the County Taxing Entities in t::at there will be a net increase in the quality and quantity of County services provided by the Orange County General Fund, the Orange County Harbors, Beaches and Parks Fund, and the Orange County Flood Control District; and WHEREAS, tie parties agree that the payments provided for under this Agreement are necessary to -and are sufficient to alleviate the above financial burdens and detriments; and WHEREAS, fcr the above reasons, and to amicably resolve any differences regarding Amendment P+o. One, 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 The words and terms in this Agreement, unless a different meaning clearly appears from the context, shall have the meanings set forth as follows: (a) "Added Tax Increment" shall mean property tax revenues in excess of Three Hundred Fifty Thousand Dollars ($350,000) per Fiscal Year attributable to increases in the assessed valuation of property located within the Project Area above the valuation shown on the 1982-1983 assessment roll, which tax revenues are allocated and paid to the Agency pursuant to California Health and Safety Code Section 33670(b) in accordance with Amendment ho. One . (b) "Agency" shall mean the Huntington Beach Redevelopment Agency. (c) "City" shall mean the City of Huntington Beach, a municipal corporation. 6/6/89 4361n/2460/034 -2- (d) "Community Redevelopment Law" shall mean Part 1 of Division 24 of the Health & Safety Code (commencing with Section 33000). (e) "County" shall mean the County of Orange, a political subdivision of the State of California, and its successors. (f) "County Share" shall mean that portion of the Add4ed Tax increment allocated to and received by the Agency pursuant to Health and Safety Code Section 33670(b) resulting _'rom the general purpose tax levy of the County. (g) "District" shall mean tie Orange County Flood Control District, and its successors. (h) "District Share" shall mean that portion of the Added Tax Increment allocated to and received by the Agency pursuant to Health and Safety Code Section, 33670(b) resulting from the general purpose tax levy of the District.. (i) "Existing Increment Flow" shall mean the full amount of Property Tax Increment allocated and paid to the Agency in accordance with the Plan, exclusive.of any and all Added Tax Increment so allocated in accordance with Amendment No. One. (j) "Fiscal Year" shall mean the period from July I to and. including the following June 30. (k) "HBP" shall mean the County of Orange Harbors, Beaches and Parks Fund. (1) "HBP Share" shall :;lean that portion of the added Tax Increment allocated and received. by the Agency pursuant to Health and Safety Code Sectlo" '33670(b) resulting from the general purpose tax levy of HBP. In the event HBP should cease to function, the Agency shall make payments of those amounts which, pursuant to this Agreement, would be payable to HBP; to the County. Such cessation or a transfer of responsibility fron HBP to the County. shall not result in the Agency making greater payments at the higher percentage represented by the County Share in comparison to the HBP Share. (m) "Ordinance" shall mean Ordinance No. 3002- (the ordinance approving Amendment No. One), (n) "Project Area" shall mean that area so designated in Amendment No. One ds approved by the Ordinance. (o) "Property Tax Increment" shall mean the full amount of tax revenues attributable to increases in assessed valuation above the valuation shown on the 1982-1983 assessment roll, which tax revenues are allocated and paid to the Agency 6/6/B9 4361n/2460/034 -3- Pursuant to California Health and Safety Code Section 33670(b) from. the Project Area. (p) "Term" shall mean the period of time Amendment No. One remains in effect. Section 2 The Agency agrees to pay the County Taxing Entities and uap each Fiscal Year within the Tern an amount equal to all of the Added Tax Increment allocated and paid to the Agency for the applicable Fiscal Year pursuant to subdivision (b) of Section 33670 which are attributable to increases in the rate of tax imposed for the benefit of the County Taxing Entities and I'SP � which levy occurs after the tax year in which the Ordinance adopting Amendment No. One becomes effective. Such amounts shad be limited to Added Tax Increment which would have been allocated to the County Taxing Entities and HBP after an election -pursuant to Health and Safety Code Section 33676(a)(1), to the extent the then applicable law requires such allocation to an affected taxing agency which -has made the election under Section 33676(b). �ect_i on The Agency shall pay to the District or its successors for each Fiscal Year an amount equal to the District Share which is received by the Agency in such Fiscal Year. This Section 3 shall remain in effect throughout the Term so long as the District continues to functions-r/II_ .{ �,�f C,t�•i,ti� ��L%,' r�,�C,f $ec t i on 4 (a) For the 'first ten (10) Fiscal Years following the effective date of the Ordinance during which the Agency receives an allocation and payment of Property Tax Increment, the Agency shall make no payment to the County or HBP except as provided in Section 2 above. (b) The Agency agrees that for each Fiscal Year commencing with Fiscal Year eleven (11) and continuing through Fiscal Year twenty (20) in which the Agency is allocated and paid Added Tax Increment, the Agency shall pay to the County or its successors an amount equal to thirty percent (30%) of the County Share and shall pay to HBP an amount equal to thirty percent (30%) of the HBP Share. (c) Commencing with the twenty-first Fiscal Year and continuing through the Fiscal Year in which Amendment No. One is terminated or expires, the Agency agrees that for etch such Fiscal Year in which the Agency is allocated and paid Added Tax Increment, the Agency shall pay to the County or its successors 6/6/89 4361n/2460/034 -4- 1w an arlount equal to fifty percent (50%) of the County Share and shall pay to 'r.BP an amount equal to fifty percent (50%) of the HBP Share. (d) The County, the District, }?BP and the Agency agree that the base assessed valuation used in computing the payments made by the Agency to the County, the District and HBP pursuant to Sections 3 and 4 of this Agreement shall be established by the assessment roll for the 1982-0^3 Fiscal Year. (e) Payments pursuant to Sections 2, 3, and 4 are subject to the conditions and limitations set forth in parts (a) through (g) of Section 6 of this Agreement. Section 5 It is agreed and acknowledged by the County Taxing Entities and HBP that the Agency may issue bonds and assume obligations to the fullest extent permitted by law and, except as provided in Section 6(e) herein, that the Agency may pledge all or any portion of the Added Tax Increment to the -repayment of any suc obligations, provided that the inclusion within such a pledge of Added Tax Increment attributable to the general purpose tax levy of the County Taxing Entities or HBP shall be allowable as a first and senior pledge only (i) with the consent of the County or (ii) upon the payment by the Agency to the County, HBP or the District (or'the commitment by a trustee in connection with the issuance of bonds to cause to be annually paid) fro:ni the proceeds of such issue or other revenues available to the Agency such revenues as would be payable to the County, HBP or the District in any year in which pledged revenues would be payable to the County, HBP or the District pursuant.to this Agreement. The County agrees that it shall promptly approve and execute such documents as are necessary o: convenient to implement this Section 5 and facilitate the issuance of bonds (or other indebtedness) by the Agency, so long as such documents are consistent with this Section 5.'' Payments to the County, the District and HBP are subject to the following conditions and limitations: (a) Agency's obligation under this Agreement is deemed to constitute "an indebtedness" within the meaning of Health and Safety Code Sections 33670 and 33675. (b) Agency shall pay to the County, the District, and HBP amounts due pursuant to this Agreement during each FiscAl Year within a reasonable period after Agency receives the Added Tax Increment allotment from the County Auditor -Controller provided that payments in relation to allotments received between July 1 6/6/89 4361n/2460/034 -5- - and December 31, of any Fiscal Year shall be made no later than the following 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 limiter. to Added Tax Increment from the Project Area received by the Agency. In no way shall the Agency be liable for such obligations from revenues of other redevelopment project areas in the City or from Existing Increment Flow or from any other revenues. :�:e City s::all have no financial obligation or any other obligations by virtue of this Agreement, and shall not be responsible for the discha_ye c. obligations of the Agency : ereir,. (d) No payment shall be rude by the Agency in any Fiscal Year pursuant to this Agreement if such payment would impair any contract, obligation to service bonded indebtedness or the refinancing of such existing indebtedness or any other existing obligation entered into by the Agency prior to the execution of this Agreement. (e) The Agency's obligation to make payments hereunder shall be junior and subordinate to the Agency's obligation under Health and Safety Code Section 33334.2. (f) Notwithstanding. any other provisions of this Agreement to the contrary, the Agency's obligation to make payments to the County, HBP or the District under this Agreement in any single year shall not; (i) exceed the amount of Added Tax Increment which would have been received by either if all. the Added Tax Increment from the Project Area had been allocated to all the affected taxing agencies without regard to the division of taxes required by Health and Safety Code Section 33670; (ii) violate the expenditure limitation under Article XIIIB of the California Constitution of such entity; or (iii) be contrary to any provision of the laws of the State of California. (g) No payments shall be made by the Agency from the Added Tax Increment to any agency or division of the County -(or any agency administered by the County) except as expressly set forth in Sections 2, 3 and 4 of this Agreement. The County, HBP, and the District certify that they have not at any tirre requested and do not now request the receipt of revenues pursuant to Health and Safety Code Section 33676(a)(2) in connection with the Project, including, without limitation, Amendment No. One thereto. Section 7 The County, HBP and the District each agree and covenant that they shall not file or participate in opposition to the 6/6/89 4361n/2460/034 -6- Agency in any lawsuit attacking or validity of Amendment No. One, the Amendment No. One, any statement o with this Agreement, or any of the made by Agency or City Council of such Amendment No. One. Section 6 otherwise questioning the adoption or approval of such f indebtedness consisten't findings or determinations the City in connection with This Agreement constitutes the entire agreement between the Agency and the County, the District and HBP with respect to the natters set forth herein, and any changes, modifications or amendments thereto shall be legally binding and effective only upon duly executed written amendment hereto. Section 9 This Agreement shall become effective the date last executed below and shall continue in effect until Agency is deactivated pursuant to Section 33141 of the California Health and Safety Code or its successors; provided that this Agreement shall terminate automatically and be of no further force or effect in the event that Amendment No. One is not adopted on or before December 31, 1989, or in the event the adoption of Amendment No. One should be set aside or annulled as the result of litigation. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Approved as to form: County Counsel Dated: ?- 24,-,P9 - • - COUNTY OF ORANGE AND ORANGE COUNTY FL OD CONTROL DISTRICT By: .Chairman, Board of Supervisors Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. f Linda D. Ruth Clerk of'the Board of Supervisors Coi;nty of Orange, California 6/6/89 AUG R 198S 4361n/2460/034 -7- HUNTINGTON BEACH REDEVELOPMENT AGENCY i Cnairman ATTE ST . Agency Clerk Approved as to Form: Agency Legal Counsel `��-�L- e ral Cou sel) L ' Agency Special Courrsel , t _ i Executive Director 6/6/89 4361n/2460/034 -G-- Page 18 - Council/Agency Minutes - 6/5/89 A motion was made by Silva, seconded by Bannister, to schedule a study session on the Fiscal Year 1989-90 Redevelopment 20% Housing Set -aside Budget Recom- mendation and Implementation Plan June 19, 1989. The motion carried by the following roll call vote: AYES: Green, Winchell, Bannister, Mays, Silva NOES: None ABSTAIN: Erskine ABSENT: MacAllister (Redevelopment Agency) AGREEMENTS WITH TAXING AGENCIES - APPROVED - TAX INCREMENT REVENUE - AMENDED OAKVIEW REDEVELOPMENT PROJECT AREA The Clerk presented a communication from the City Administrator pertaining to agreements with taxing agencies. A motion was made by Green, seconded by Winchell, to approve and authorize the Chairman and Clerk to execute agreements to share Tax Increment Revenue from the Amended Oakview Redevelopment Project Area between the Redevelopment Agency and the following Taxing agencies: Huntington Beach High School District, Ocean View Elementary School District, The County of Orange includ- ing Harbors. Beaches and Parks District and Flood Control District, Orange County Department of Education, Oranqe County Vector Control District. The motion carried by the following roll call vote: AYES: Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: MacAllister (City Council) JOINT PROPOSAL TO PROVIDE ADDITIONAL ADVISORY LEGAL OPINION REGARDING ZONING PROPERTY AS COASTAL CONSERVATION - AGREEMENTS APPROVED - RIGHARD TERZIAN - KATHERINE STONE The City Clerk presented a communication from the City Attorney pertaining to the joint proposal to provide additional advisory legal opinion regarding zoning property as coastal conservation. A motion was made by Green, seconded by Bannister, to approve and authorize execution of agreements between Richard Terzian, of Adams, Duque & Hazeltine, and Katherine Stone, of Freilich, Stone, Leitner & Carlisle to provide the City with a joint opinion and alternative solutions regarding Huntington Beach wetlands conservation at a cost to the City of $15,000.00, plus costs. The motion carried by the following roll call vote: AYES: Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: MacAllister ORDINANCE NO. 2999 - ADOPTED - ZONE CHANGE NO. 87-2 - NE CORNER GOTHARDI CENTER The City Clerk presented Ordinance No. 2999 for Council consideration - "AN ORDINANCE OF THE THE CITY OF HUNTINGTON BEACH AMENDING SECTION 9061 OF THE HUNTINGTON BEACH ORDINANCE CODE TO PROVIDE FOR CHANGE OF ZONING FROM 55