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HomeMy WebLinkAboutOCEAN VIEW ELEMENTARY SCHOOL DISTRICT - 1989-08-18/ < 1 C.L. , ,-.i ,-"A, 4- R� AGREEMENT BY AND BETWEEN THE OCEAN VIEW ELEMENTARY SCHOOL DISTRICT AND THE HUNTINGTON BEACH REDEVELOPMENT AGENCY PERTAINING TO AMENDMENT NO. ONE TO THE OAKVIEW REDEVELOPMENT PLAN This Agreement is made and entered into this 8th day of Auaust , 1989 by and between the Ocean View Elementary School District (hereafter referred to as the "District") and the Huntington Beach Redevelopment Agency (hereinafter referred to as the "Agency"). RECITALS WHEREAS, the Agency is a redevelopment agency existing pursuant to the'provisions of the Comamunity Redevelopment Law (California F.ealth and Safety Code Section 33000, et sea.) 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 (the "City Council"); and WHEREAS, in November 1982, the City Council adopted Ordinance No, 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, the Project Area is located within the District's boundaries and is served by the District. and WHEREAS, neetings have been held by representatives of the District and representatives of the Agency to discuss the fiscal impact of Amendment No. One on the District; and WHEREAS, pursuant to Califo:nia Health and Safety Code Section 33401, the Agency is authorized to compensate affected taxing entities, including the District, for any amounts of money which the Agency determines are appropriate to alleviate any financial burden or detriment caused to the District by the implementation of amendment No. One; and WHEREAS, Section 33445 of the Health and Safety Code provides authorization for the Agency, with the consent of the City Council, to pay all or part of the value of the land and the cost of the installation and construction of certain buildings, facilities, structures, or other improvements owned or to be owned by the District (hereinafter the "District Facilities"), whether within or without the Project Area but within the territorial jurisdiction of the Agency, upon a determination by the City Council and the Agency that such buildings, facilities, structures, or other improvements are of benefit to the Project Area or the immediate neighborhood in which the Project Area is located and that no other reasonable means of financing such buildings, facilities, structures, or other improvements are available to the community (the "community" being defined in the Community Redevelopment Law as the City of Huntington Beach). WHEREAS, the purpose of this Agreement is to provide for the appropriate payments to be made by the Agency to the District in order to: (1) alleviate all significant financial burden or detriment caused to the District by the -tax allocation provisions of Amendment No. One; and (2) assist the District by paying for all or part of the cost of certain District Facilities which are of benefit to the Project Area or the immediate neighborhood in which the Project Area is located and for which no other reasonable means of financing is available to the community. WHEREAS, for the above reasons, and to amicably resolve any differences regarding Amendment No. 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 I. Definitions 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 No. One 6/04/89 4682n/2460/034 -2- 1� (b) "Agency" shall mean the Huntington Beach Redevelopment Agency. (c) "City" shall mean the City of Huntington Beach, a municipal corporation. (d) "Community Redevelopment Law" shall mean Part 1 of Division 24 of the ?-health & Safety Code (ccr;nencir_g with Section 33000). (e) "District" shall mean the Ocean View Elementary School District, and its successors. (f) "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. (g) "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. (h) "Fiscal Year" shall mean the period from July 1 to and including the following June 30. (i) "Ordinance" shall mean Ordinance No. oo (the ordinance approving Amendment Pbo. One). (j) "Project Area" shall mean that area so designated in Amendment No. One as approved by the Ordinance. M "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 pursuant to California Health and Safety Code Section 33670(b) from the Project Area. (1) "Term" shall mean the period of time Amendment No. One remains in effect. ection 2. Payment by Agency to District (a) Subject to the provisions of Section 3 of this Agreement, for each Fiscal Year during the Term in which the Agency receives an allocation and payment of Property Tax Increment, the Agency shall deposit into a special fund of the Agency pursuant to subdivision (c) of this Section 2, fifteen percent (15%),of.the District Share. The District and the 40.- 1 6/04/89 4682n/2460/034 -3- -- V M Agency agree that the base assessed valuation used in computing such payments shall be established by the assessment roll for the 1982-83 Fiscal•Year—,, (b) In addition to the foregoing, for each Fiscal Year during the Term, the Agency agrees to deposit into a special fund of the Agency pursuant to subdivision (c) of this Section 2 an amount equal to all of the Added Tax Increment ocated and paid to the Agency for the....app� cj*le Fiscal Year _ =.su-a to subdi-Mision (b) of Sectiorrm33670 which are ttributable o 1) increases in the rate of tax imposed for �he benefit of the District which levy�vcruss�fter the tax ear in which the Ordinance becomes effective, and 2) increases in the assessed valuation of the taxable property located in the Project Area above the valuation shown on the 1982-1983 assessment roll pursuant to subdivision (a) of Section. 33676, which are, or otherwise would be, calculated annually pursuant to subdivision (f) of Section 110.1 of the Revenue and Taxatior. Code. Such amounts shall be limited to Added Tax Increment .f which would have been allocated to the District after adoptinc a resolution in accordance with health and Safety Code Section• i 33676(b) electing to receive payments pursuant to Sections 33676(a)(1) and 33676(a)(2), to the extent the then applicable --------law requires such.. alloc_at.i-on-to_an--a-f-fected--t-a-,►.ing agency which has-nadV the election under Section 33676(b). The District has not elected to receive payments pursuant to Sections 33676(a)(1) or 33676(a)(2) of the health and Safety Code and payments made pursuant to this Section 2(b) shall be in lieu of payments pursuant to said Sections 33676(a)(1) and 33676(a)(2). In the event any revenues are received by the District pursuant to Sections 33676(a)(1) or 33676(a)(2), the amounts to be deposited by the Agency on behalf of the District pursuant to this Agreement shall be reduced by an amount equal to sums received pursuant to Section 33676(a)(1) and 33676(a)(2), with the reduction to be made at the earliest feasible time as determined by the Agency. (c) Subject to Section 3 below, payments to be deposited by the Agency on behalf of the District pursuant to this Agreement shall be placed in a special fund of the Agency to be utilized solely for the purposes permitted under Section 4. The District covenants that it shall expend revenues received by the District pursuant to this Agreement only within the corporate.limits of the City and only in strict conformity with. this Agreement. (d) The Agency agrees that it will indemnify and hold the District harmless from any and all loss of District taxes caused by implementation of tar, increment financing in the Project Area should the State of California fail to provide i 6/04/89 4682n/2460/034 — -4- compensating sums pursuant to Education Code Section 42238 or other similar or successor provisions of law. Section 3. Alternate Payment Procedure As an alternative to the payment procedure set forth in Section 2, the District may elect to have all payments that are to be -deposited- by the Agency made in one of the following manners: a. to a nonprofit corporation to be formed by the District; cr b. directly to the contractors and suppliers of the District who are constructing capital improvements on District Facilities as described in Section 4. Should the District elect to have the payments received as described in this Section 3(b), the Agency shah deposit the funds into a separate interest -bearing account on behalf of the District �.` (with interest accruing to said account), and the Agency shall 1 be entitled to withdraw from said fund all costs ( including f7 personnel and administrative costs) in administering said fund. The Agency undertakes no responsibility or duty with respect to the selection of interest -bearing accounts or from the maximizing of interest. The Agency agrees to cooperate with the District in selecting the interest -bearing account. Payments pursuant to Sections 2 and 3 are subject to the conditions and limitations set forth in parts (a) through (h) of Section 6 cf this Agreement. Section 4. District Expenditure of Revenues All funds paid by the Agency pursuant to Section 2 or 3 of this Agreerient'shall be a 'ended on capital improvement projects selected by th District but which shall be situated within the City. ',,Rea nable priority will be given to facilities of direr. enefit to the community, such as library and recreational fa Ilities. Upen written request by the Agency as may be de o often as the Agency shall deem apppropriate, th Dist 'ct shall promptly provide without charge a writt6 stateme t,accounting for the expenditure of funds, together with any reports to state agencies pertaining to such expenditures or the subject improvements. Section 5. agency Bonds It is agreed Agency may issue extent permitted 6/04/89 4682n/2460/034 and acknowledged bonds and assume by law, and that -5- by the District that the obligations to the fullest the Agency may pledge all or lJ � any portion of the Added Tax Increment to the repayment of any such obligations; provided that the inclusion of such a pledge of Added Tax Increment attributable to the general purpose tax levy of the District shall be allowable as a first and senior pledge only (i) with the consent of the District or (ii) upon the payment by the Agency to the District (or the commitment by a trustee in connection with the issuance of bonds to cause to be annually paid) from the prcceeds of such issue or other revenues available to the Agency such revenues as would be payable to the District in any year in which pledged revenues would be payable to the District pursuant to this Agreement. The District agrees that it shall promptly approve and execute such documents as are necessary or 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. Section 5. Conditions Payment to be deposited by the Agency on behalf of the District are subject to the following conditions and limitations 1. (a) Agency's obligation under this Agreement to deposit payments on behalf of the District is deemed to constitute "an indebtedness" within the meaning of Health and Safety Code Sections 33670 and 33675. �r(br) Agency shall deposit on behalf of the District amounts due pursuant to this Agreement during each Fiscal Year within a reasonable period after the Agency receives the Added Tax Increment allotment from the County Auditor —Controller provided that payments in relation to allotments received between July I 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 limited 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. 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. (d) No payment shall be made by the Agency in any Fiscal Year pursuant to this Agreement if such payment would impair 6/04/89 4682n/2460/034 -6- 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 District under this Agreement in any single year shall not: (i) exceed the amount of Added Tax Increment which would have been received by the 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. (g) No payments shall be made by the Agency from the Added Tax Increment to the District except as expressly set forth in Sections 2 and 3 of this Agreement. The District certifies that it has not at any time requested and does 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, AmencIment No. One thereto. (h) The District shall indemnify, defend and hold harmless the Agency from any claims, liabilities and causes of action asserted by any third party against the Agency by reason of the Agency's payment of funds in the manner described in Sections 2 and 3 of this Agreement. Section 7. Covenant Not To Sue The District agrees and covenants that it shall not file or participate in opposition to the Agency in any lawsuit attacking or otherwise questioning the validity of Amendment No. One, the Gdoption or approval of such knendment No. One, any statement of indebtedness consistent with this Agreement, or any of'the findings or determinations made by Agency or City Council of the City in connection with such Amendment No. One. The District declares that it has conducted all such investigation and study of matters pertaining to the subject matter of this Agreement as it has deemed appropriate, and that it has been advised at all tines by counsel of its choosing. The District finds and determines that this Agreement fully 6/04/89 4682n/2460/034 -7- - alleviates any financial burden and detriment to the District resulting from Amendment No. One and, except as provided hereinbelow, forever waives its right to submit a report to the Agency, or to cause the Agency to hold a public hearing, or to request or take other action to induce the Agency to consider amendments to the .Project or F-nendment No. One pursuant to Health and Safety Code Section 33445.5. The District agrees and acknowledges that the provision of the continuing effectiveness of such waiver is a material inducement to the Agency to approve this Agreement, and that but for such waiver the Agency would not approve and execute this Agreement. Notwithstanding the foregoing, the Agency agrees to reopen negotiations with the District concerning the financial burden or detriment .o the District caused by the iM lementation of ;,mendment No. One if the Agency constructs or contributes to the cost of construction of more than one hundred (100) new dwelling units in the Project Area during the Term. In the event and to the extent tax increments are not paid to or are withheld from the Agency by reason of the pendency of any such cause of action,' case, claim, count, action, or complaint filed by any public or private person or entity, the District agrees not to claim interest on any such withheld funds. The Agency's responsibility for making any reimbursement otherwise required by this Agreement shall accrue and be paid to the District when and if available at the conclusion of litigation. The time for the Agency performance hereunder shall be excused for the duration of such litigation. Section 8. Entire Agreement This Agreement constitutes the entire agreement between the Agency and District with respect to the matters set forth herein, and any changes, modifications or amencknents thereto shall be legally binding and effective only upon duly executed. written amendment hereto. Section 9. Effective Date 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. On&*should be set aside or annulled as the result of litigation. 6/04/69 4682n/2460/034 -8__ lJ IN WTTNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Dated: 8'S�� OCEAN VIEW ELEMENTARY SCHOOL DISTRICT • 0 d-,, ", 1C. By: ATTEST: 0 Approved as to form:- Dated: -/ HUtITIhGTON EAC:? RED ELOPME.N GE By ; .G4 .t.[.[.c.� Chairman ATTEST: J Agency Clerk Executive Director Approved as tc Form: )/ Agency Legal Counsel { ne -a--� oun 1 } Agency Special Counsel 6/04/89 4682n/.2-460/034 MM UP AGREEMENT BY AND BETWEEN[ THE OCEAN VIEW ELEMENTARY SCHOOL DISTRICT AND THE HUNTINGTON BEACH REDEVELOPMENT AGENCY PERTAINING TO AMENDMENT NO. ONE TO THE OAKVIEW REDEVELOPMENT PLAN This Agreement is made. and entered into this Sth day of August , 1989 by and between the Ocean VA ewr Elementary School District (hereafter referred to as the "District") and the Huntington Eeach Redevelopment Agency (hereinafter referred to as the "Agency"). RECITALS WHEREAS, the Agency is a redevelopment agency existing pursuant to the provisions of the Ccm. unity Redevelopment Law' (California N:ealth and Safety Code Section 33000, et sec.) 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 (the "City Council"); and WHEREAS, in November 1982, the City Council adopted Ordinance No. 2582 approving a Redevelopment Plan (the "Plan") for the Oakview Redevelopment Project (the "Project"); and VAEREAS, the Agency has formulated Pamendment No. One to the Oakview RedevEI cp:nent Project ( "A.me::dment No. One"). WHEREAS, kmendment 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, the Project Area is located within the District's boundaries and is served by the District, and WHEREAS, meetings have been held by representatives of the District and representatives of the Agency to discuss the fiscal impact of Amendment No. One on the District; and WHEREAS, pursuant to California Health and Safety Code Section 33401, the Agency is authorized to compensate affected taxing entities, including the District, for any amounts of money which the Agency determines are appropriate to alleviate any financial burden or detriment caused to the District by the implementation of Amendment No. One; and IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Dated: 5-8-OCEAN VIEW ELEMENTARY SCHOOL DISTRICT ATTEST: Approved as tc form: .a �'• GY�h.��7 7 17 to Dated: ATTEST: cz�- a. /.,n2 Agency Clerk .01 Approved as to Form: 8y: HUNTING EACH RED ELOPMEN AGENCY By.- .C.G .c.c.�.c.r Chairman / By: .� Executive Director x.gency Legal Counsel 4 ne a Qoun gl ) �. fl Agency Special Counsel 6/04/89 4682n/2460/034 -9- J� 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 HITH II ING AGENCIE&__ =-APPROVED •- TAX INCREMENT REVENUE - AMENDED VAKVIE14 �REDEVELOP_HlENI PRQ ECI 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 agreenents -to share Tax Increment. Revenue from the. Amended Oakview. Redevelopment Project Area between the Redevelopment Agency_ and the following Taxing agencies: HUntington—Beach Nigh School Qiatrjct, Ocean View' Elementary ScbQol District, The County of - range includ- Jng Harborl, Beaches and Parks District and Flood Control District, r n County Department of Education, Orange CgUnty 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 IQ ROVIDE ADDITIONAL ADVISORY LEGAL OPIHIQH REGARDING• ZONING PROPERTY AS COASTAL CONSERVATION - AGREEMENTS APPROVED- = RICHARD TERZIAM MTHERINE STONNE The City,Cierk 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 vi th 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 , NQ, 87-2 - NE -CORNER MARDI NTE 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 70 PROVIDE FOR CHANGE OF ZONING FROM 55