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OF HUNTINGTON BEACH
OFFICE OF THE CITY WAK
D-strict Manager
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Control District
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,opy of the
'r records. Is a duly executed C
Aent between the orange County Vector Control.'
Huntington Beach Redevelopnent Agency.
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office if you have any questions.
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ILVD. OAR DR N 0 ROM CA "Us
4NTA AMA. CALIFORNIA 12M
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June 27,1989
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sles of the Agreement betwevi this
.
for our records.
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A ry
llbertr
District Manager
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41
COOPERATION AGREEMENT BETWEEN THE �• -. •tea{�
ORANGE COUNTY VECTOR CONTROL DISTRICT
AND THE WITINGTON REACH REDEVELOPMENT AGENCY
- •f 1, F
THIS AGREEMENT is entered into on the day of
_ 9M�1989, by and between the ORANGE CCUNTY �� , �•
VECTOR CONTROL DISTRICT, a public agency, hereinafter referred
to as "DISTRICT" and the HUNTINGTON BEACH REDEVELOPMENT AGENCY;
a public body, hereinafter referred to as "AGENCY'.
W I TNESSETN•
WHEREAS, the Agency is a redevelopment agency existing '
pursuant to the provisions of the Community Redevelopment Lax
(California Health and Safety Code Section 33000, Ct M.)
which has been authorised to transact business and exercise the -'.-
powers of a redevelopment agency pursuant to action of the City
Council of the City cf Huntington Beach (the 'City Council");
and
WHEREAS, in November 1982, the City Council adopted "'•�,''`
Ordinance No. 2582 pursuant to the California Community
Redevelopment La++ approving the Redevelopment Plan for the ' •, . ''•�. +'"�_'
c:
Oakview Redevelopment Project (hereinafter referred to as "the
Project'); and
WHEREAS, the AGENCY has formulated an amended Redevelopment�•` �•
Plan for Amendment No. One to the Oakview Redevelopment Project' "7•'�`;,
(hereinafter referred to as "the Amendment').
WHEREAS, the Amendment contains provisions to increase the•;I'.� '.yK
limitation for the distribution and allocation of property tax• •"'��`
revenues derived frcT Y•+';,�~�• property located within the Oakview
Redevelopment Project Area (the %Project Area') to the Agency",'-
gency ".,_4,
pursuant to California Health and Safety Code Section 33670(b); .
and `
WHEREAS, the DISTRICT, as defined in Section 33353.2 of the:`:'-
Health and Safety Code, is an affected taxing entity Which has:,,-���-:;
general purpose and special bonded indebtedness Ad valorem Y":_�;`
property taxes levied on its behalf by COUNTY on certain areas •~.? .�'
that conprise the Project Area in fiscal Year 1988-89) and .•..,
WHEREAS, Section 33401 of the Health and Safety Code
authorises AGENCY to pay an affected taxing entity with = �•�;;
territory within a project area that amount of money which'
AGENCY determines is appropriate to alleviate the financial
burden or detriment caused said entity by the Amendment) and..
f
;►- wad.�.,,R•Yn`•�..�-f��3•x'��:::?ti1w�1•E��.4K+!*rq•jw+
~/iy• ,1ti,. VT•� � ♦ti111•�T;a� Y ]nl�, ��. 'f
jL • •, �.4.
WHEREAS, the DISTRICT, through its participation in the
fiscal review process has submitted its objections to the
Amendment and has substantiated with date and information the
't
financial burden or detriment it will sustain as a result of
the Amendment; and
WHEREAS, the AGENCY has found and determined that it would
�.r;'•`
be appropriate to alleviate that financial burden or detriment
caused to DISTRi4'T by the Amendment by paying to DISTRICT or
DISTRICT'S succer,sors certain monies consistent with Section
`',• ;;
1.2 of this Agreement all in accordance with Section 334C1 of
the Health and Safety Code; and
WHEREAS, DISTRICT and AGENCY desire to resolve and settlo,'.
once and for all times, all present, past and future
�.
Controversies, claims, causes of action, or purported causes of.
action, differences or disputes, both real and potential,
ensuing against The City of Huntington Beach and AGENCY in
relationship to the Project and the Amendment; and
NOW, THEREFORE, in consideration of the foregoing and the
mutual promises and covenants contained herein, the parties
=':•
agree as follows:
Section 1. bistrt Ution of Tax IncremenF,
1.1 Dcli I ti0ni. For purposes of this Agreement, the
following terms will have the stated definitions:
a. 'TAX INCREMENT' shall mean that portion of
ad valorem property taxes resulting from the increase in
'
assessed valuation in the Project Area over the 1982-1983 base
y•
year assessed valuation in the Project Area which tax revenues
are allocated and paid to the Agency pursuant to California
`r
Health and Safety Code Section 33670(b) in accordance with the
Amendment. 'Tax Increment' shall refer to those taxes
+
collected as a result of the 1• levy allowed under Article
XIIIA of the Constitution of the State of California.
t•'=
b. `DISTRICT'S SHARE' shall mean that portion
�' •:":`.,:>
of 'TAX INCREMENT' allocated to and received by AGENCY pursuank-�;'."•.,:`
to Health and Safety Code Section 33670(b) resulting from the
general purpose tax levy of DISTRICT that, had the Project not
been adopted, would be allocated and paid to DISTRICT for the
benefit of DISTRICT'S Ceneral Fund, as computed by the County
Auditor Controller in accordance with the applicable provisions
of the Revenue and Taxation Code of the State of California.
J°`{
C. 'AGENCY'S BASE' shall mean•that portion of
the 'Tax Increment' allocated to the Agency up to and including
$350,000 per annum.
.
i
6/02/89
�'�v=
48IOn/2460/034 -2-
d. "ADDED TAX INCREMENT" shall mean TAX
INCREMENT in excess of the AGENCY's base.
e. "Fiscal Year" shall mean_ the period from
July I to and including the following June 30.
f. "Ordinance" shall mean Ordinance No. ZOO& -
(the ordinance approving the Amendment).
g. "Project Area" shall mean that area so
designated in the Amendment as approved by the Ordinance.
h: "Term" shall mean the period of time the
Amendment remains in effect.
1.2 Allocation of lax Increment,. AGENCY shall pay to
DISTRICT or its successors for each Fiscal Year an amount equal
r to ONE HUNDRED percent (1000) of DISTRICT'S SHARE of the ADDED
TAX INCREMENT. Payment to DISTRICT of said amounts shall
commence within a reasonable period after the first allocation
i and paynent by the County Auditor -Controller to AGENCY of ADDED
TAX INCREMENT pursuant to the Amendment provided that payments
in relation to allotments received between July 1 and December
31, of any Fiscal Year shall be made no later than the
following February 28; and that payments in relation to
ti allotments received between January 1 and June-30, of any
Fiscal Year ;hall be made no later than the following August 30.
1.3 DQoks and Records. AGENCY shall, within thirty
(30) days after receipt of written request from DISTRICT, make
available to DISTRICT for review.or audit its records or
statements regarding the allocation and payment of ADDED TAX
INCREMENT to AGENCY in accordance with the Amendment pursuant
to California Health and Safety Code Section 33670(b).
1.4 Section 33676 RegolUtions. DISTRICT certifies
that it shall not request receipt of revenues pursuant to
Sections 33676(a)(1) and 33676(a)(2) of the health and Safety
Code and within 60 days of executing this Agreement, DISTRICT
will repeal the resolution, if any, that it has adopted
pursuant to Section 33676(b) regarding -the Project and the
Amendment.
1.5 !Conditigns,. Paynents pursuant to Section 1.2 are
subject to the conditions and limitations set forth herein
below;
(a) AGENCY'S obligation under this Agreement to
make payments to the DISTRICT is deemed to constitute "an.
indebtedness" within the meaning of Health and Safety Code
Sections 33670 and 33675.
6/02/89
4S10n/2460/034 -3-
_.�.'• ,'. ;s .`+:.',....: r,i.r,C-''r!/. y r, �•!j ,; nay,}.
("Rls �.•i'„'"'J••., .'' .w.r f.-•rr1'i� yF•x •�kYP 4�y .
Tmll-
(b) AGENCY's obligation to make payments
` hereunder shall be limited to ADDED TAX INCREKENT from the
r'r Project Area received by AGENCY. In no way shall AGENCY be
liable for such obligations from revenues of other
;'.redevelopment project areas in the City of Huntington Beach
�• (the 'City") or from TAX INCREMENT up to and including AGENCY's.
BASE or from any other revenues. The City shall have no
}'financial obligation or any other obligations by virtue of this
Agreement# and shall not be responsible for the discharge of
obligations of the AGENCY herein.
(c) No payment shall be Trade by AGENCY in any
riscal Year pursuant to this Agreement if such payment would
impair any contract, obligation to service bonded ir.Sebtedness or any other existing obligation entered into by AGENCY prior
to the execution of this Agreement. „.
(d) AGENCY's obligation to make payments
hereunder shall be junior and subordinate to AG:NCY's
obligation under Health and Safety Code Section 33334.2.
(e) Notwithstanding any other provisions of this
Agreement to the contrary. AGENCY's obligation to make payments
to 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 DISTRICT 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 Coda Section 336701 (it) violate
the expenditure limitation under Article MIS of the
" California Constitution of such entity; or (III) be contrary to
'. any provision of the laws of the State of California.
' '• (f) No payments shall be made by AGENCY from the
[• ADDED TAX INCREMENT to DISTRICT except as expressly set forth
In Section 1.2 of this Agreement.
(g) DISTRICT shall indemnify, defend and hold
harmless AGENCY from any claims, liabilities and causes of
action asserted by any third party against the AGENCY by reason
of AGENCY's payment of funds in the manner described in
Section 1.2 of this Agreement.
Section 2. AdMJniStrgt =. �.
2.1 Effective Date and Term. This Agreement shall
become effective upon the date of execution of this Agreement ,
and shall remain in effect until all Agency debts aro paid
pursuant to this Agreement, or until the limit for incurring
� � �i• 6/02/E9 : t
.4810n/2460/034 '6"
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• indebtedness as stated in Section 602 of the Redevelopment plan
for the Amendment expires, Whichever event occurs last.
Notwithstanding the foregoing, this Agreement shell terminate
automatically and be of no further force or effect in the event
that the Amendment is not adopted on or before December 31,
1989, or in the event the adoption of Amendment should be set
aside or annulled as the result of litigation.
2.2 M.odificatiop and Sermination. If after this
Agreement is executed, the State of California enacts laws or
polities in conflict with all or any portion of this Agreement,
AGENCY and DISTRICT may mutually agree to excuse performance Of
all or any portion of this Agreement by AGENCY or DISTRICT.
In the event any section or portion of this
Agreement shall be held, found or determined to be
unenforceable or invalid for any reason whatsoever, the
remaining provisions shall remain in effect, and the parties
thereto shall take further actions as may be reasonably
necessary and available to them to effectuate the intent of the
parties as to all provisions set forth in this Agreement.
2.3 Notice. DISTRICT has received all notices,
written or published, that is required by the California
Community Redevelopment Law (Health and Safety Code Sections
33000 a 102.) to receive during the process leading to the
adoption of the Amendment and hereOy waives any and all legal
rights it may have to contest said Amendment due to a failure
to receive any statutorily require3 notice.
{
2.4 Qygnant Hot to Sup. DISTRICT covenants and
agrees and irrevocably binds itself forever st no time or place
to commence or participate in or prosecute any actions on
account of any claim, whether past, present or future, arising
out of the City'a and AGENCY's adoption of the Amendment or the 1�
City•s or AGENCY•s lawful activities pursuant to said Amendment.
• r r
1.. 2.5 lrntire Aoraemgnt. This Agreement constitutes the
` entire, complete and final expression of the agreement between
the parties and any changes, modifications or amendments
thereto shall be legally binding and effective only upon duly
s executed written amendment hereto.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on three day and year first above written.
Dated: ORANGE C UN1Y VECTOR CONTROL DISTRICT x'
61
By. ,
6/02/89
4810n/2460/034 -5- ''.�
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Executive Director a
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Agency Clerk
Appr6ved as to Form:
'Agency Legal Counselt_kS!�:4-%I'x—AA
ener4l Counsel)
Agartcy special Counsel
6102/89
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COOPERATION AGREEMENT BETWEEN THE
ORANGE COUNTY VECTOR CONTROL DISTRICT
AND THE HUNTINGTON BEACH REDEVELOPMENT AGENCY
THIS AGREEMENT is entered into on the 44 day of
"'Sum- 1989, by and between the ORANGE COUNTY
VECTOR CON1RGL DISTRICT, a public agency, hereinafter referredo
to as "DISTRICT" and the HUNTINGTON BEACH REDEVELOPMENT AGENCY,
a public body, hereinafter referred to as "AGENCY".
W I T N E5 5 E T H:
WHEREAS, the Agency is a redevelopment agency existing
pursuant to the provisions of the Community Redevelopment Lao.
(California Health and Safety Code Section 33000,
which has :,een authorized to transact business and exercise the
powers of a redevelopment agency pursuant to action of the City
Council of the City of Huntington Beach (the "City Council");
and
WHEREAS, in November 1962, the City Council adopted
Ordinance No. 2582 pursuant to the California Community
Redevelopment Law approving the Redevelopment Plan for the
Oakview Redevelopment Project (hereinafter referred to as "the
Project"); and
WHEREAS, the AGENCY has formulated an amended Redevelopment
Plan for Amendment No. One to the Oakview Redevelopment Project
(hereinafter referred to as "the Amendment").
WHEREAS, the Amendment 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);
and
WHEREAS, the DISTRICT, as defined in Section 33353.2 of the
Health and Safety Code, is an affected taxing entity which has
general purpose and special bonded indebtedness Aft vAlQrem
property taxes levied on its behalf by COUNTY on certain areas
that comprise the Project Area in Fiscal Year 1988-89; and
WHEREAS, Section 33401 of the Health and Safety Code
authorizes AGENCY to pay an affected taxing entity with
territory within a project area that amount of honey which
AGENCY determines is appropriate to alleviate the financial
burden or detriment caused said entity by the Amendment; and
WHEREAS, the DISTRICT, through its participation in the
fiscal review process has submitted its objections to the
Amendment and has substantiated with data and information the
financial burden or detriment it will sustain as a result of
the Amendment; and
WHEREAS, the AGENCY has found and determined that it would
be appropriate to alleviate that financial burden or detriment
caused to DISTRICT by the Amendment by paying to DISTRICT or
DISTRICT'S successors certain monies consistent with Section
1.2 of this Agreement all in accordance with Section. 33401 of
the Health and Safety Code; and
WHEREAS, DISTRICT anu AGENCY desire to resolve and settle,
once and for all times, all present, past and future
controversies, claims, causes of action, or purported causes of
action, differences or disputes, both real and potential,
ensuing against The City of Huntington Beach and ;,GENCY in
re?ationship to the Project and the Amendment; and
NOW, THEREFORE, in consideration of the foregoing and the
mutual promises and covenants contained herein, the parties
agree as follows:
Section 1.' Distribution of Tax Incr_emeni.
1.1 r inns. For purposes of this Agreement, the
following terms will have the stated definitions:
a. "TAX INCREMENT" shall mean that portion of
ad valorem property tares resulting from the increase in
assessed valuation in the Project Area over the 1982-1983 base
year assessed valuation in the Project Area which tax revenues
are allocated and paid to the Agency pursuant to California
Health and Safety Code Section 33670(b) in accordance with the
Amendment. "Tax Increment" shall refer to those taxes
collected as a result of the 1% levy allowed under Fkrticle
XIIIA of the Constitution of the State of California.
b. "DISTRICT'S SHARE" shall mean that portion
of "TAX INCREMENT" allocated to and received by AGENCY pursuant
to Health and Safety Code Section 33670(b) resulting from the
general purpose tax levy of DISTRICT that, had the Project not
been adopted, would be allocated and paid to DISTRICT for the
benefit of DISTRICT'S General Fund, as computed by the County
Auditor Controller in accordance with the applicable provisions
of the Revenue and Taxation Code of the State of California.
C. "AGENCY'S BASE" shall mean. that portion of
the "Tax Increment" allocated to the Agency up to and including
$350,000 per annum.
6/02/89
4810n/2460/034 -2-
.d. "ADDED TAX INCREMENT" shall mean TAX
INCREMENT in excess of the AGENCY's base.
e. "Fiscal Year" shall mean the period from
July 1 to and including the following June 30.
f. "Ordinance" shall mean Ordinance No. 30=,
(the ordinance approving the Amendment).
g. "Project Area" shall mean that area so
designated in the Amendment as approved by the Ordinance.
h: "Term" shall mean the period of time the
Amendment remains in effect.
1.2 Allocation of_ Tax_ Increment. AGENCY Shall pay to
DISTRICT or its successors for each Fiscal Year an amount equal
to ONE HUNDRED percent (100) cf DISTRICT'S SHARE of the ADDED
•' TAX INCREMENT. Payment to DISTRICT of said amounts shall
commence within a reasonable period after the first allocation
and payment by the County Auditor -Controller to AGENCY of ADDED
TAX INCREMENT pursuant to the Amendment provided that payments
in relation to allotments received between July 1 and December
31, of any Fiscal Year shall be made no later than the
following February 28; and that payments in relation to
allotments received between January 1 and June-30, of any
Fiscal Year shall be made no later than the follovring'August 30.
Lam~
1.3 kQoks andRglcords. AGENCY shall, within thirty
(30) days after receipt of written request from DISTRICT, make
available to DISTRICT for review or audit its records or
statements regarding the allocation and payment of ADDED TAX
INCREMENT to AGENCY in accordance with the Amendment pursuant
to California Health and Safety Code Section 33670(b).
1.4 ,$ectign _,3. 676 Resolp-tions. DISTRICT certifies
that it shall not request receipt of revenues pursuant to
Sections 33676(a)(1) and 33676(a)(2) of the health and Safety
Code and within 60 days of executing this Agreement, DISTRICT
will repeal the resolution, if any, that it has adopted
pursuant to Section 33676(b) regarding the Project and the
Amendment.
1.5 ConditiQns. Payments pursuant to Section 1.2 are
subject to the conditions and limitations set forth herein
below:
(a) AGENCY'S obligation under this Agreement to
make payments to the DISTRICT is deemed to constitute "an
indebtedness" within the meaning of Health and Safety Code
Sections 33670 and 33675.
6/02/89
481On/2460/034 -3-
(b) AGENCY's obligation to make payments.
hereunder shah be limited to ADDED TAX INCREMENT from the
Project Area received by AGENCY. in no way shall AGENCY be
liable for such obligations from revenues of other
redevelopment project areas in the City of Huntington Beach
(the "City") or from TAX INCREMENT up to and including AGENCY's
BASE or from any other revenues. The City shall have no
financial obligation or any other obligations by virtue of this
Agreement, and shall not be responsible for the discharge of
obligations of the AGE::CY herein.
(c) No payment shall be made by AGENCY in any
Fiscal Year pursuant to this Agreement if such payment could
impair any contract, obligation to service bonded indebtedness
or any other existing obligation entered into by AGENCY prior
to the execution of this Agreement.
(d) AGENCY's obligation to make payments
hereunder shall be junior and subordinate to AGENCY's
obligation under Health and Safety Code Section 33334.2.
(e) Notwithstanding any other provisions of this
Agreement to the contrary, AGENCY's obligation to make payments
to 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 DISTRICT 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.
(f) No payments shall be made by AGENCY from the
ADDED TAX INCREMENT to DISTRICT except as expressly set forth
in Section 1.2 of this Agreeent.
(g) DISTRICT shall indemnify, defend and -hold
harmless AGENCY from any claims, liabilities and causes of
action -asserted by any thirty party against the AGENCY by reason.
of AGENCY's payment of funds in the manner described in
Section 1.2 of this Agreement.
Section 2. hdmi-nistration.
2.1 Effestive Date _and _Ter . This Agreement shall
become effective upon the date of execution of this Agreement
and shall remain in effect until all Agency debts are paid
pursuant to this Agreement, or until the limit for incurring
6/02/69
4810n/2460/034 -4-
indebtedness as stated in Section 602 of the Redevelopment Plan
for the Amendment expires, whichever event occurs last.
Notwithstanding the foregoing, this Agreement shall terminate
automatically and be of no further force or effect in the event
that the Amendment is not adopted on pr before December 31,
1989, or in the event the adoption of Amendment should be set
aside or annulled as the result of litigation.
2.2 Modification and jP�rmination. If after this
Agreement is executed, the State of California enacts laws or
policies in conflict with all or any portion of this Agreement,
AGENCY and DISTRICT may mutually agree to excuse performance of
all or any portion of this Agreement by AGENCY or DISTRICT.
In the event any section or portion of this
Agreement shall be held, found or determined to be
unenforceable or invalid for any reason whatsoever, the
remaining provisions shall remain in effect, and the parties
thereto shall take further actions as may be reasonably
necessary and available to them to effectuate the intent of the
parties as to all provisions set forth in this Agreement.
2.3 Notice. DISTRICT has received all notices,
written or published, that is required by the California
Community Redevelopment Law (Health and Safety Code Sections
33000 at s_ea.) to receive during the process leading to the
adoption of the Amendment and hereby waives any and all legal
rights it may have to contest said Amendment due to a failure
to receive any statutorily required notice.
2.4 Covenant DISTRICT covenants and
agrees and irrevocably binds itself forever at no time or place
to commence or participate in or prosecute any actions on
account of any claim, whether past, present or future, arising
out of the City's and AGENCY's adoption of the Amendment or the
City's or AGENCY's lawful activities pursuant to said Amendment.
2.5 Entire P%gre,ement. This Agreement constitutes the
entire, complete and final expression of the agreement between
the parties and any changes, modifications or. amendments
thereto shall be legally binding and effective only upon duly
executed written amendment hereto.
IN WITNESS WHEREOF, the parties .hereto have executed
this Agreement on the day and year first above written.
Dated:- ORANGE C UNTY VECTOR CONTROL DISTRICT
By:
6/02/89
4810n/2460/034
i
r-
ATTEST:
Approved as to form:
Dated:
ATTEST:
6 Z - Mr.1q,c3„ / 5 X 9
Agency Clerk
Approved as to Form:
r
HUNTINGTO BEACH R T-VELOPMEN GENCY
By:
i t ✓.�
Ch a i ill?
By: ``—
Executive Director
Agency Legal CounselG��
6.c.g( Gele r I Counsel)
.,In, .
Agerfcy Special Counsel
6/02/89 -
48IOn/2460/034 -6=
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 1989-9D Redevelopment 20% housing Set -aside Budget Recom-
nendation and Implementation Plan June 19. 1989. The notion carried by the
following roll call -vote:
AYES: Green, Winchell, Bannister, Mays, Silva
FOES: None
ABSTAIN: Erskine
ABSENT: MacAllister
(Redcv_elooment___Agency) AGREEMENTS KITH TAXING AGENCIES - ,6 PPROVED •- TAX
INCREMENT REV NU - AMENDED A W E P N
The Clerk presented a communication from the City Administrator pertaining to
agreements with taxing agencies.
A notion 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: Euntington Beach _High School
District, Qcggn_ View' El emgntar School i strict, Ihf--Countyof Orange i ncl ud-
ing Harbors. Beaches and Parks ai ttrict and Flood ,QQntrol District,. Orangg
County Department of Education. Orangg County Vector Control District. The
motion carried by the following roll call vote:
AYES: Green, Winchell, Bannister, Mays, Silva, Erskine
NOES: hone
ABSENT: . MacAllister'
(City Council) ,JOINT PROPOSAL IQ PROVIDE ADDITIONAL ADVISORY -LEGAL- OPINION
REGARDING -ZONING ERQPERTY AS COA51AL EONSERVAI I'�.ON - AGREEMENTS 8PPROVED -
R10ARD TERZIAN - KATHERINE STONE
The' City"Cl erk 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 Creep. 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 $75,000.00, plus costs'.- The
motion carried by the following roll call vote:
AYES: Green, Winchell, Bannister, Mays, Silva, Erskine
NOES: hone
ABSENT: MacAllister
PRDINANCE_ NO, _ 2992 -- ADOPTED -ZONE CHANGE__ NO, 87-2 - NE CQRNER, WIHARD/
ATE$
The City Clerk presented Ordinance No. 2999 for Council consideration -
tiA'i ORDINANCE OF THE THE CITY OF HUNTINGTON BEACH AMEHDING SECTION 9061 OF
U E HUNTINGTON BEACH ORDINANCE CODE TO PROVIDE FOR CHANGE: OF ZONING FROM
.`
,5�
Page 4 - Council/Agency Minutes - 1117/88
(City Council) FINAL TRACT HAP 11821 - APPROVEQ PORN OF TENTATIVE TRACT
1527 - SUBDIVISI R M N - PEQVED - PA_CIFIC COAST_HONES SOUTHEAST OF
CURRENT RM N F SEAPOINIE -AVE- Approved Final Tract Map 13821, being a
portion of Tentative Tract 13527, pursuant to the mandatory findings set forth
in Sections 66458 and 66474 of the Government Code, accepted offer of dedica-
tion and improvement subject to completion of requirements stipulated,- on
property located on the southeast of current terminus of Seapointe Avenue;
examined and certified by the Director of Public Works and the Secretary 1u
the planning Commission as being substantially in accordance with the tenta-
tive map as filed with, amended and approved by the Planning Commission.
Acreage: 34.593; Lots: 138 lots and lots A & B. Developer: Pacific Coast
Homes, adopted map subject to stipulations as follows: Deposit of fees for
water, sewer, drainage, engineering and inspections; Certificate of Insurance;
Subdivision Agreement; the Park and Recreation fees shall be paid or a surety
posted in an amount equal to the in --lieu fees and approved as to form by the
City Attorney prior to recordation of the final map. Drainage for the sub-
division shall be approved by the Department of Public Works prior,to the
recordation of the final map; the Declaration of Covenants. Conditions and
Restrictions shall be reviewed and approved by the Department of Community
Development and approved as to form by the City Attorney prior to recordation
of the final map, and further accepted Monument Bond No. 111-32539997,
Faithful Performance Bond No. 111-32540003, Labor and Material Bond
No. 111-32540003, and approved and authorized execution of the Subdivision
Agreement and further instructed the City Clerk that she shall not affix her
signature to the map nor release such map for preliminary processing by the
County or for recordation until the aforementioned conditions have been met.
City Council) SA'_ES TAX AUDIT - AGREEMENT APPROVED,- RESOLUTI,QN NO 5945
ADOPTED — HIHDERLITER. de LAMAS b ASS - Approved and authorized execution
of the agreement between the City of Huntington Beach and Hinderliter, de
Lamas and Associates for Sales Tax Audit for a fee of $12,000 plus 15% of new
revenues recovered in the first eight quarters, and; adopted Resolution No.
5945 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AUTHORIZING CERTAIN CITY OFFICIALS AND HIHDERLITER DE LAKAS & ASSOCIATES
ACCESS TO SALES AND USE TAX RECORDS. PURSUANT TO SECTION 7056 OF THE REVENUE
AND TAXATION CODE."
(City Council) �ORANGE OOUNTY VECTQR,QMIRQL QITRICT REDEVELOPHENI-pR(NECT
P D - Authorized the Mayor to send a letter to the Orange
County Vector Control District opposing the proposed policy of requiring a 2%.
pass through (any Fart of the increased tax revenue after a redevelopment pro-
ject area is adopted) unless a: specific redevelopment project will clearly
Increase costs to the District. .
Council)REFINANCE LOAN ON TERRY BLIC AGENCY PROPERTY - , APERNED -
HUNTINGTON"_NAT,TQNAL _BANK - Approved the refinancing of Terry Buick Agency
property by Huntington National Bank and authorized the Mayor and City Clerk
to execute the commitment letter, trust deed and note dated October 20, 1988.
lus