HomeMy WebLinkAboutApprove City Reso. 2006-34 and Agency Reso 360 re: the Magno G "-'E
Council/Agency Meeting Held: 2006 JUM .78 M 11= Si
Deferred/Continued to: W CITY
Approved ❑ Conditionally A roved ❑ Denied C ler s Si tune I-'I f f OF
11Ut,.i Ic,,G l 03•.1 BEACF
Council Meeting Date: 6/19/2006 Departm nt ID Number: ED 06-21
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL/REDEVELOPMENT AGENCY ACTION
SUBMITTED TO: HONORABLE MAYOR AND C Y COUNCIL MEMBERS
SUBMITTED BY: P �NELOEULBRETTHH-GRA , DPA, CITY ADMINISTRATOR
PREPARED BY: STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC DEVELOPMENT
SUBJECT: Approve City and Agency Resolutions Regarding the Magnolia
Sidewalk Project in the Southeast Coastal Redevelopment Project
Area
1[ Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The Magnolia Sidewalk Project, approximately 1,900 linear feet of
sidewalk improvements is partially within and partially outside of the Southeast Coastal
Redevelopment Project Area. As part of the project is located outside the project area, the
City and the Agency need to make certain findings that will allow the Agency to pay for these
improvements. By approving the attached Resolutions (Attachments #1 & #2), the City and
Agency will make the necessary findings and authorize the Agency to pay for the
improvements.
Funding Source: Capital Improvement Account 10040314.82300 to be repaid by Tax
Increment from the Southeast Coastal Project Area.
City Recommended Action: Motion to:
Approve City Resolution ;-WL-3 consenting to payment by the Redevelopment Agency for
costs of the installation and construction of the Magnolia Sidewalk improvements and making
certain determinations and findings pursuant to Health and Safety Code Section 33445.
Agency Recommended Action: Motion to:
Approve Agency Resolution 360 agreeing to pay for costs of the installation and
construction of the Magnolia Sidewalk improvements and making certain determinations and
findings pursuant to Health and Safety Code Section 33445.
Alternative Action(s):
Do not approve the resolutions.
REQUEST FOR ACTION
MEETING DATE: 6/19/2006 DEPARTMENT ID NUMBER:ED 06-21
Analysis:
The Magnolia Sidewalk Project, approximately 1,900 linear feet of sidewalk improvements, is
located partially within and outside of the Southeast Coastal Project Area. The project
conforms to the approved Five-Year Implementation Plan for the Southeast Coastal Project
Area. At the February 2006 Southeast Area Committee meeting both the Southeast
Huntington Beach Neighborhood Association (SEHBNA) and Huntington Beach Wetlands
Conservancy endorsed the project.
The project is budgeted in the Capital Improvement Program for the City of Huntington Beach
for FY 2005-2006 in a capital improvement account. Pursuant to Section 33445(a) of the
California Community Redevelopment Law, the Agency may, with the consent of the City
Council pay all or part of the cost of the installation and construction of the improvements if
the City Council makes certain determinations and findings. The two resolutions will
formalize the City and Agency's determinations and findings, allowing for the Agency to
reimburse the City for project costs. The site map depicting the project is attached to the City
and Redevelopment Agency Resolutions.
Environmental Status: Not Applicable
Attachment(s): List attachment(s) below.
NumberCity Clerk's
Page
Start Numbering 1. City Resolution — 06 -34
2. Agency Resolution Q
G:\Carol\Administration\RCA\ED06-21.doc -2- 6/1/2006 4:42 PM
ATTACHMENT # 1
RESOLUTION NO. 2 0 0 6-3 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH CONSENTING TO PAYMENT BY THE
REDEVELOPMENT AGENCY FOR COSTS OF THE
INSTALLATION AND CONSTRUCTION OF SIDEWALK
IMPROVEMENTS IMMEDIATELY ADJACENT TO MAGNOLIA
STREET AND MAKING CERTAIN DETERMINATIONS AND
FINDINGS PURSUANT TO HEALTH AND SAFETY CODE
SECTION 33445
WHEREAS, the Redevelopment Agency.of the City of Huntington Beach ("Agency") is
engaged in activities necessary to execute and implement the redevelopment plan, as amended and
supplemented from time to time, ("Redevelopment Plan") for the Southeast Coastal Redevelopment
Project ("Project Area"); 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
("City Council") of the City of Huntington Beach("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 all or part of the cost of the installation and construction of
approximately 1,900 linear feet of sidewalk improvements immediately adjacent to Magnolia Street,
which improvements will be partially within and partially outside of the Project Area as shown on the
attached Exhibit A which is incorporated herein by reference (the "Public Improvements"); 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 Public
Improvements to be installed and constructed; and
Since there are no other reasonable means available to the City to finance the Public
Improvements,the Agency proposes to pay all or part of the cost of the installation and construction of
the Public Improvements; and
The Agency's agreement to pay all or part of the value of the cost of the installation and
construction of the Public Improvements constitutes an indebtedness of the Agency for the purpose of
carrying out the redevelopment for the Project Area; and
The Public Improvements are of benefit to the Project Area and the immediate neighborhood in
which the Public Improvements are located; and
All other legal prerequisites to the adoption of this Resolution have occurred.
2513
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I
Resolution Nr; ,2006-34
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 Public Improvements are of benefit to the Project Area and the immediate
neighborhood in which the Public Improvements are located. This
determination is based, in part, on the fact that the Public Improvements are in
the best interests of the City and the health, safety, morals and welfare of its
taxpayers, employees, business tenants, property owners and residents. The
Report to Council, including, without limitation, the Agency's Five Year
Implementation Plan for the Project Area, which was prepared in connection
with the adoption of the Redevelopment Plan is hereby incorporated by
reference. An enumerated goal of the Five Year Implementation Plan is to
"[u]ndertake public improvements, in, and of benefit to, the [p]roject
[a]rea . . ." In addition, the "Public Infrastructure and Facility Program" is a
specific program listed in the Five Year Implementation Plan. This program is
intended to assist with construction of public improvements in the Project Area
which address substandard and inadequate infrastructure in the Project Area.
One other goal of the Redevelopment Plan will also be achieved by the
implementation of this program: to ensure Project Area revenues are pledged to
projects that directly benefit the Project Area. Pursuant to the Five Year
Implementation Plan, this program will address the following conditions of
blight identified in the Project Area: factors hindering viable use, impaired
investments and inadequate public improvements.
b. No other reasonable means of financing the Public 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 Public Improvements. The City is having difficulty
fully assuming the costs of anticipated and needed public capital improvements.
Without the assistance of tax increment funding from the Project Area, capital
improvements in other parts of the City would have to be deferred or eliminated in
order to fund the Public Improvements. Given the constraints on financing sources
which are under the direction of the City,all anticipated and needed public capital
improvements cannot be completed using only City funds. It is clear that there
must be a combination of tax increment and non-tax increment funding.
C. The payment of funds by the Agency for the costs related to the Public
Improvements will assist in the elimination of one or more blighting conditions
2513
KBB
2
Resoluti- No. 2006-34
within the Project Area and is consistent with the Agency's Five-Year
Implementation Plan for the Project Area. This determination is based,in part,
on the information contained in paragraph a., above.
3. The City Council hereby consents to payment by the Agency for all or part of the
installation and construction of the Public Improvements as agreed upon and directed by
the Agency Executive Director(or her designee).
4. The City Administrator (or 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.
REST OF PAGE NOT USED
2513
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3
Resolution mo. 2006-34
Approved and adopted this sty of Jiint- , 2006.
Mayor
APPROVED AS TO FORM:
ity Attorney
APPROVED AS TO FORM:
Kane,Ballmer&Berkman
Special Counsel
REVIEWED AND APPROVED:
City A mimstrator
WITIATED AND APPROVED:
Director o Econo i evelopment
4
Resolutiorr,;,;.,._,Tp. 2006-34
Exhibit A
SITE MAP DEPICTING AREA OF PUBLIC IMPROVEMENTS
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Exhibit A
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Proposed Sidewalk Improvement
Res. No. 2006-34
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 an regular meeting thereof held on the 19th day of
June, 2006 by the following vote:
AYES: Bohr, Green, Sullivan, Hardy, Hansen, Cook
NOES: None
ABSENT: Coerper
ABSTAIN: None
-A-19�
City rk and ex-officio Cllqk of the
City Council of the City of
Huntington Beach, California
ATTAC H M E N T #2
RESOLUTION NO. 3 6 0
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH AGREEING TO PAY THE
COSTS OF THE INSTALLATION AND CONSTRUCTION OF
SIDEWALK IMPROVEMENTS IMMEDIATELY ADJACENT TO
MAGNOLIA STREET AND MAKING CERTAIN
DETERMINATIONS AND FINDINGS PURSUANT TO HEALTH
AND SAFETY CODE SECTION 33445
WHEREAS, the Redevelopment Agency of the City of Huntington Beach ("Agency") is
engaged in activities necessary to execute and implement the redevelopment plan,as amended and
supplemented from time to time,("Redevelopment Plan")for the Southeast Coastal Redevelopment
Project ("Project Area"); 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
("City Council")of the City of Huntington Beach("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 all or part of the cost of the installation and construction of
approximately 1,900 linear feet of sidewalk improvements immediately adjacent to Magnolia Street,
which improvements will be partially within and partially outside of the Project Area as shown on
the attached Exhibit A which is incorporated herein by reference(the"Public Improvements"); 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 Public
Improvements to be installed and constructed; and
Since there are no other reasonable means available to the City to finance the Public
Improvements,the Agency proposes to pay all or part of the cost of the installation and construction
of the Public Improvements; and
The Agency's agreement to pay all or part of the value of the cost of the installation and
construction of the Public Improvements constitutes an indebtedness of the Agency for the purpose
of carrying out the redevelopment for the Project Area; and
The Public Improvements are of benefit to the Project Area and the immediate neighborhood
in which the Public Improvements are located; and
All other legal prerequisites to the adoption of this Resolution have occurred.
2514 1
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Agency Resolu in No. 360
NOW, THEREFORE, BE IT RESOLVED BY THE REDEVELOPMENT AGENCY OF
THE CITY OF HUNTINGTON BEACH AS FOLLOWS:
l. The Agency-hereby finds and determines that the foregoing recitals are true and
correct.
2. Based on substantial evidence in the record,the Agency hereby finds and determines
that:
a. The Public Improvements are of benefit to the Project Area and the
immediate neighborhood in which the Public Improvements are located. This
determination is based, in part, on the fact that the Public Improvements are
in the best interests of the City and the health, safety, morals and welfare of
its taxpayers, employees, business tenants, property owners and residents.
The Report to Council,including,without limitation,the Agency's Five Year
Implementation Plan for the Project Area,which was prepared in connection
with the adoption of the Redevelopment Plan is hereby incorporated by
reference. An enumerated goal of the Five Year Implementation Plan is to
"[u]ndertake public improvements,in,and of benefit to,the[p]roject[a]rea. .
" In addition, the "Public Infrastructure and Facility Program"is a specific
program listed in the Five Year Implementation Plan. This program is
intended to assist with construction of public improvements in the Project
Area which address substandard and inadequate infrastructure in the Project
Area. One other goal of the Redevelopment Plan will also be achieved by the .
implementation of this program: to ensure Project Area revenues are pledged
to projects that directly benefit the Project Area. Pursuant to the Five Year
Implementation Plan, this program will address the following conditions of
blight identified in the Project Area: factors hindering viable use, impaired
investments and inadequate public improvements.
b. No other reasonable means of financing the Public 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 Public Improvements. The City is
having difficulty fully assuming the costs of anticipated and needed public
capital improvements. Without the assistance of tax increment funding from
the Project Area,capital improvements in other parts of the City would have to
be deferred or eliminated in order to fund the Public Improvements. Given the
constraints on financing sources which are under the direction of the City, all
anticipated and needed public capital improvements cannot be completed using
only City funds. It is clear that there must be a combination of tax increment
and non-tax increment funding.
C. The payment of funds by the Agency for the costs related to the Public
Improvements will assist in the elimination of one or more blighting
2514 2
kbb
Agency Res( tion No. 360
conditions within the Project Area and is consistent with the Agency's Five-
Year Implementation Plan for the Project Area. This determination is based,
in part, on the information contained in paragraph a., above.
3. The Agency hereby agrees to pay all or part of the value of the cost of the installation
and construction of Public Improvements as agreed upon and directed by the Agency
Executive Director(or her designee). The obligations of the Agency pursuant to this
Resolution shall constitute an indebtedness of the Agency for the purpose of carrying
out the Redevelopment Plan for the Project Area.
4. The Agency Executive Director(or 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.
REST OF PAGE NOT USED
2514 3
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Agency Resolu��o m No. 360
Approved and adopted this 1 9 ta.y of T„n P ) 2006.
Chair
APPROVED AS TO FORM:
^ c.
Gene I Counsel
APPROVED AS TO FORM:
Kane, Ballmer&Berkman
Special Counsel
REVIEWED AND APPROVED:
/—Z—�-C "(:�a
Executfve Director
INITIATED AND APPROVED:
Director of Economic lopment
4
Agency Reso' ion No. 360
Exhibit A
SITE MAP DEPICTING AREA OF PUBLIC IMPROVEMENTS
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Exhibit A
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... Proposed Sidewalk Improvement
Res. No. 360
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF HUNTINGTON BEACH )
I, JOAN FLYNN, Clerk of the Redevelopment Agency of the
City of Huntington Beach, California, DO HEREBY CERTIFY that the
foregoing resolution was duly adopted by the Redevelopment Agency of
the City of Huntington Beach at a regular meeting of said Redevelopment
Agency held on the 19th day of June, 2006 and that it was so adopted by
the following vote:
AYES: Bohr, Green, Sullivan, Hardy, Hansen, Cook
NOES: None
ABSENT: Coerper
ABSTAIN: None
Clerky the Redevelopment ency
of the City of Huntington Beach, CA
R A ROUTING SH ET
INITIATING DEPARTMENT: Economic Development
SUBJECT: Approve City and Agency Resolutions Regarding the
Magnolia Sidewalk Project in the Southeast Coastal
Redevelopment Project Area
COUNCIL MEETING DATE: June 19, 2006
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Attached ❑
Contract/Agreement (w/exhibits if applicable) Not Applicable
(Signed in full by the City Attorney)
Attached ❑
Subleases, Third Party Agreements, etc. Not Applicable
(Approved as to form by City Attorney
Certificates of Insurance A b the CityAtt Attached El( pproved y ome y) Not Applicable
Attached ❑
Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable
Attached ❑
Bonds (If applicable) Not Applicable
Attached ❑
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Re ort If applicable Attached Elp ( PP ) Not Applicable
Find in s/Conditions for Approval and/or Denial Attached ❑
g pp Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff )
Assistant City Administrator Initial
City Administrator (Initial) ) ( )
City Clerk
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: Runzel