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HomeMy WebLinkAboutOC WATER DISTRICT - 1984-11-14a REDUE.. ► _1� REDEVELOPMENT AGENCY _4 JN Date November 19, 1984 Submitted to: Honorable Chairman and Redevelopment Agency Me ers � Submitted by: Charles W. Thompson, Chief Executive Off' � Palin. recor, Develop erg o Prepared by: James W. � Dit� P Ta��ervices o ADOPTION OF RESOLUTIONS FOR THE H T CEN L Subject: •DISTRICT REDEVELOPMENT PROJECT ARE �• ct Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: The Redevelopment Agency and City Council have scheduled a joint public hearing to take public testimony on the proposed Redevelopment Plan and Final EIR for the Huntington Center Commercial District REDEVELOPMENT Project Area. Following the public hearing, the Agency and the City Council may take actions which will result in the adoption of the Plan. The Redevelopment Agency must take certain actions before the Plan can be adopted by the City Council. The attached resolutions, when adopted by the Agency, will carry out these actions.,. RECOMMENDATION: Adopt the attached resolu.t•ions taking the following actions: 1. Approving the fna'1 Report to•City Council on the proposed Redevelopment Plan for the Huntington Center Commercial District Redevelopment Project Area and authorizing its submittal to the City Council. 2. Making a finding that the provision of low and moderate income housing outside of the Project Area is of benefit to the Project. 3. Approve agreement and payments to Orange County Water District to alleviate any financial burden or detriment caused by the Project and making findings, supported by substantial evidence. 4. Certifying the Final EIR, and if necessary adopting a statement Qf;overiiaing.considerations. PIO 4/81 ANALYSIS: On October Huntington Plan Draft the hearing incorporate role call: 2, the Planning Commission held a public hearing on the Center Commercial District Redevelopment Project Area EIR. The hearing was opened, public testimony'taken, and closed. The Planning Commission directed staff to the public comments into the Final EIR by the following AYES: LIVENGOOD, HIGGINS, WINCHELL, MIRJAHANGIR, PORTER, ERSKINE NOES: NONE ABSENT: NONE ABSTAIN: NONE On October 16, the Planning Commission adopted Resolution 133S recommending to the City Council that the Huntington Center Commercial District Redevelopment Plan be adopted by the'following role call: . AYES: LIVENGOOD, HIGGINS, WINCHELL, MIRJAHANGIR, PORTER, ERSKINE NOES: NONE ABSENT: SCHUMACHER (OUT OF ROOM) ABSTAIN: NONE The attached resolutions constitute an official record of the Agency's actions and deliberations in regard to the proposed Redevelopment Plan. Each of the actions is necessary to complete the process of adopting the Plans. By adopting the resolutions, the Agency makes it possible to complete the adoption of the Redevelopment Plan prior to the end of 1984. If adoption is not completed by then, it may not be possible at all. FUNDING SOURCE: None needed. ALTERNATIVE ACTIONS: Do not adopt the attached resolutions. In this case, there will be insufficient time to adopt the Redevelopment Plan before the new law goes into effect on January 1, 1965. ATTACHMENTS: 1. Resolutions pertaining to the Huntington Center Commercial District Redevelopment Plan 2. Huntington Center Commercial District Redevelopment Plan 3. Report to Council (as follows) 1.0 Reasons for Selection of the Project Area 2.0 Description of the Physical, Social and Economic Conditions Existing in the Project Area. (1399d) -2- RRAA 11-19-84 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 3WP:FW:ajh Proposed Financing Methods Relocation Plan Analysis of Preliminary Plan Report and Recommendations of the Planning Commission Summary of PAC Meetings of Owners and Businesses Conformance with General Plan Environmental Impact Report Report of the County Fiscal Officer Report of the Fiscal Review Committee (if any) Neighborhood Impact Report Analysis of the report submitted by the County including a summary of agency consultations with each of the taxing agencies. —(1399d) -3- RRAA 11-19-84 } lerS & /03 �i AGREEMENT This Agreement is made and entered into this 14th day of November 1984, by and between the ORANGE COUNTY WATER DISTRICT .(the "District") and the HUNTINGTON BEACH REDEVELOPMENT AGENCY (the "Agency"). R E C I T A L S WHEREAS, the Agency is a redevelopment agency existing pursuant to the provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000 et seq.) which has been 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, and WIiEREAS, pursuant to Section 33327 of the California. Health and Safety Code, the Agency has prepared, and the City Council of the City of Huntington Beach has adopted redevelopment plans by the following Ordinance numbers, for the oakview Project - Ordinance No. 2562, Yorktown Lake Project - Ordiance No. 2576, Mahn Pier - Ordinance Nos. 2578 and 2634, and Talbert Beach - Ordinance No. 2577 (sometimes collectively referred to herein as "Redevelopment Plans") which delineate four redevelopment project areas (the "Project Areas"), and WHEREAS, the Agency has additionally proposed a redevelopment plan for the Huntington Center Commercial District and a redevelopment plan for Talbert Gap ("Proposed Redevelopment Plans") each of which delineate a new redevelopment Project Area; and WHEREAS, the Redevelopment Plans contain provisions for the distribution and allocation of property tax revenues, derived from property located within the Project Areas, to the Agency pursuant to California Health and Safety Code Section 33670(b) (hereinafter referred to as "Tax Increment"); and WHEREAS, but for the adoption of the Redevelopment Plans, the District would receive that portion of tax revenues from the Project Areas determined by application of the basic tax levy of $1.00 per $100.00 of taxable value ("Basic Tax Levy") levied on behalf of the District in each fiscal year to the incremental taxable value in the Project Areas but for the adoption of 'the Redevelopment Plans (the "District Portion"); and WHEREAS, the parties agree that the Oakview, Yorktown Lake, Main Pier, Talbert Beach, and Huntington Center Redevelopment Plans will cause a financial burden and detriment .to the District in that there will be a net increase in the ground water replenishment obligations of the District combined with a loss of property tax revenues produced by changes in ownership and new construction within the Project Areas; and 1813p/2273/00 -2- WHEREAS, the parties agree that no financial burden or detriment will be caused as a result of the Talbert Gap Redevelopment Plan; and WHEREAS, the parties agree that the payments provided for under this agreement are necessary to alleviate the above financial burdens and detriments; and WHEREAS, pursuant to California Health and Safety Code 33401, the Agency may pay to the District an amount of money which, in the Agency's determination, is appropriate to alleviate any financial burden or detriment caused to the District by the adoption of redevelopment plans; and WHEREAS, for the above reasons, and to amicably resolve any differences regarding the Redevelopment Plans, 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. In each year, commencing with fiscal. year 1983-84, that taxes are allocated to and received by the Agency pursuant to Section 33670 of the California Health and Safety Code or its successors, from the Oakview, Yorktown Lake, Main' Pier, and Talbert Beach Project Areas,'the Agency will pay to the District a sum equal to Fifty Percent (50%) of the District Portion of that Tax Increment which is generated by the Basic Tax Levy which is so allocated to and received by the Agency until such time as the taxable value of the properties within 1613p/2273/00 -3- W such Project Areas increases in value over the 1962-83 base year taxable value by one hundred percent, in which event, the Agency's payment obligations to the District hereunder with respect to each such Project Area shall terminate. SECTION 2. In fiscal year 1995--96 and in each succeeding fiscal year of the Huntington Center Commercial. District Redevelopment Plan, that taxes are allocated to and received by the Agency pursuant to Section 33670 of the California Health and Safety Code or its successors, from the Huntington Center Commercial District Project Area, the Agency will pay to the District a sum equal to Thirty-four percent (34%) of the District Portion of that Tax Increment which is generated by the Basic Tax Levy which is so allocated to and received by the Agency. SECTION 3. Payments to District as set forth in Sections 1 and 2 above, are subject to the following conditions and limitations-. A. -Agency's obligations under this Agreement are deemed to constitute "an indebtedness" within the meaning of Health and Safety Code Section 33675; B. Agency shall pay to District amounts due pursuant to this Agreement during each fiscal year within a reasonable period after Agency receives the tax increment allotment from the County Auditor -Controller, 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 1813p/2273/00 -4- e 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 limited to Tax Increment from the Project Areas received by the Agency, but are payable by the Agency from any source. SECTION 4. The District shall not file or participate in opposition to the Agency or City of Huntington Beach in any lawsuit, attacking or otherwise questioning the validity, adoption, or approval of the Redevelopment Plans or the Proposed Redevelopment Plans or any of the findings or determinations made or to be made by the Agency or the City Council of the City in connection. therewith. SECTION S. This Agreement constitutes the entire agreement between the Agency and the District with respect to the matters set forth herein, and any changes, modifications, or amendments thereto shall be legally binding and effective only upon duly executed written amendment hereto. SECTION 6. This Agreement shall be effective retroactive to September 20, 1982 and shall continue in effect until the Agency is deactivated pursuant to Section 33141 of the California Health and Safety Code or its successor. 1613p/2273/00 -5- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Approved as to form: RUTAN & TUCKER By' i v Er C'oun5e� far Ora a County Water D'atrict Approved as to form: STRADLING, YOCCA, CARLSON & RAUTH By: SIbecial Counsel APPROVED AS TO FORM: ,i Agency Counsel ORANGE COUNTY WATER DISTRICT a:1 1! B-.a 14. h 1 4 By: ' Ad v4a Secretary Manager HUNTINGTON BEACH REDEVELOPMENT .AGENCY r r� ATTEST: I C1 er 1813p/2273%00 -6- REOII&ei i .,? REDEVELOPi',tNT AGENC-r Xi iA Date _ November 19, 1984 Submitted to: honorable Chairman and Redevelopment Agency Me ers t� Charles W. Thompson, Chief Executive Off' �°Y�de `i Submitted by: t _ IOD James W. Palin Director Develop'� �� Prepared by: >�tervices ? .f ADOPTION OF RESOLUTIONS FOR THE H VT CEN Subject: DISTRICT REDEVELOPMENT PROJECT ARE c> Statement of issue, Recommendation, Analysis, Funding Souroe, Alternative Actions, Attachments: STATBIENT OF ISSUE: The Redevelopment Agency and City Council have scheduled a joint public hearing to take public testimony on the proposed Redevelopment Plan and Final EIR for the Huntington Center Commercial District REDEVELOPMENT Project Area. Following the public hearing, the Agency and the City Council may take actions which will result in the adoption of the Plan. The Redevelopment Agency must take certain actions before the Plan can be adopted by the City Council. The attached resolutions, when adopted by the Agency, will carry out these actions.,. RECOMMENDATION: Adopt the attached resolutions taking the following actions: 1. Approving the final Report to'City Council on the proposed Redevelopment Plan for the Huntington Center Commercial District Redevelopment Project Area and authorizing its submittal to the City Council. 2. Making a finding that the provision of low and moderate income housing outside of the Project Area is of benefit to the Project. .3. Approve agreement and payments to Orange County Water District to alleviate any financial burden or detriment caused by the Project and making findings, supported by substantial evidence. A. Certifying thq Final EIR, and if necessary adopting a statement of ;overriding• considerations. , P10 4181 - ANALYSIS: On October 2, the Planning Commission held a public hearing on the Huntington Center Commercial District Redevelopment Project Area Plan Draft EIR. The hearing was opened, public testimony'taken, and the hearing closed. The Planning Commission directed staff to incorporate the public comments into the Final EIR by the following role call: AYES: LIVENGOOD, HIGGINS, WINCHELL, MIRJAHANGIR, PORTER, ERSKINE NOES: NONE , ABSENT: NONE ABSTAIN: NONE On October lb, the Planning Commission adopted Resolution 133S recommending to the City Council that the Huntington Center Commercial District Redevelopment Plan be adopted by the'f ollowing role call-... AYES: LIVENGOOD, HIGGINS, WINCHELL, MIRJAHANGIR, PORTER, ERSKINE NOES: NONE ABSENT: SCHUMACHER (OUT OF ROOM) ABSTAIN: NONE The attached resolutions constitute an official record of the Agency's actions and deliberations in regard to the proposed Redevelopment Plan. Each of the actions is necessary to complete the process of adopting the Plans. By adopting the resolutions, the Agency makes it possible to complete the adoption of the Redevelopment Plan prior to the end of 1984. If adoption is not completed by then, it may not be possible at all. FUNDING SOURCE: None needed. ALTERNATIVE ACTIONS: Do not adopt the attached resolutions. In this case, there will be insufficient time to adopt the Redevelopment Plan before the new law goes into effect on January 1, 1985. ATTACHMENTS: 1. Resolutions pertaining to the Huntington Center Commercial District Redevelopment Plan 2. Huntington Center Commercial District Redevelopment Plan 3. Report to Council. (as follows) 1.0 Reasons for Selection of the Project Area 2.0 Description of the Physical, Social and Economic Conditions Existing in the Project Area. (1399d) -2- RRAA 11-19-84 3.0 Proposed Financing Methods 4.0 Relocation Plan 5.0 Analysis of Preliminary Plan 6.0 Report and Recommendations of the Planning Commission 7.0 Summary of PAC Meetings of Owners and Businesses 8.0 Conformance with General Plan 9.0 Environmental Impact Report 10.0 Report of the County Fiscal Officer 11.0 Report of the Fiscal Review Committee (if any) 12.0.- Neighborhood Impact Report 13.0 Analysis of the report submitted by the County including a summary of agency consultations with each of the taxing agencies. 3WP:FW:ajh (1399d) -3- RRAA_ 11-19-84