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HomeMy WebLinkAboutRDA AG PKT 2006-03-13 #K JOINT PUBLIC HEARING OF THE SEAL BEACH REDEVELOPMENT AGENCY AND CITY OF SEAL BEACH AGENDA REPORT r ' DATE: March 13, 2006 • TO: Honorable Chairman and Agency Members and Honorable Mayor and City Council Members THROUGH: John B. Bahorski, Executive Director FROM: June Yotsuya, Assistant City Manager SUBJECT: OPTION TO PURCHASE PARCEL 2 ON PARCEL MAP 87-131 (FORMER ZOETER SCHOOL SITE) SUMMARY OF REQUEST: Staff recommends that after the joint public hearing: 1. City Council adopt proposed Resolution No.5441 - Re Zoeter (Attachment A). 2. Redevelopment Agency adopt Resolution No. 06 -3 - Re Zoeter (Attachment B). In addition, it is recommended that: 3. City Council adopt proposed Resolution No. 5442 - Re Ocean Avenue (Attachment C). 4. Redevelopment Agency adopt Resolution No. 06 -4 - Re Ocean Avenue (Attachment D). 5. City Council amend the Capital Improvement Program and authorize the Public Works Department to prepare Plans, Specifications and Estimates (PSE) for the Zoeter School Site and the improvement and rehabilitation of Ocean Avenue. PURCHASING AND IMPROVING PARCEL 2 The Los Alamitos Unified School District and the City of Seal Beach entered into a lease dated January 1, 1987 ( "Lease ") under which the City leased the portion of the former Zoeter School site commonly known as 343 and 357 12th Street, Seal Beach, California 90740, more particularly described as Parcel 2 on Parcel Map 87 -131, as per map recorded in Book 233, Pages 15, 16 and 17 of Parcel Maps, in the Office of the County Recorder of Orange County. (Attachment E.) In turn, the City has subleased the property to childcare facility operators. The site is improved with two structures, including one housing day care facilities, and parking. The site and improvements are hereinafter referred to as the "Subject Property." The term of the Lease commenced on the 1 day of January 1987 and will expire on the 31 day of December 2011 unless terminated. Article XIII of the Lease grants the City an option to purchase the Subject Property. It provides that the City may exercise the option to purchase at any time during the term of the Lease by providing the School District a written notice of the exercise of the option. If the City exercises Agenda Item ,'J March 13, 2006 Agenda Report — Option to Purchase School Property Page 2 the option to purchase, the Lease requires the transfer of title and the payment of the purchase price to occur within thirty days after the option to purchase is exercised. The City's exercise of the option will terminate the Lease. Staff recommends that the Agency pay for the purchase of the Subject Property and certain improvements thereto. A joint public hearing has been scheduled for tonight to consider payment from Agency funds. Under redevelopment law, a public hearing must be held prior to the use of redevelopment funds to pay for land for, and the construction of publicly owned buildings. With the proceeds received through the recent sale of the parcel adjacent to the Subject Property, the Agency has sufficient funds to pay the purchase price. After the hearing, both the City Council and the Agency board must adopt resolutions. The City is considering exercising the option for the purchase price of $679,000, less any base rent paid by the Agency for 2006, using funds recently acquired by the Agency upon its sale of adjacent property. In addition, staff is recommending that the Council authorize improving the Subject Property. In September of 2004, Staff presented City Council a facility condition assessment concluding that the existing facilities on the Subject Property are in need of extensive repair. At its November 8, 2004 meeting, City Council agreed to the following guiding principals for the future planning of the site: community need, costs and sources of funding. Several options exist at the site including abatement and rehabilitation of the existing building, demolition, construction of new buildings of various sizes, modular buildings, conversion to open space, construction of a community center and/or gymnasium and interim measures such as temporary trailers. Staff has estimated it will cost $800,000 for demolition and abatement and $200,000 for the installation of a small modular building to house child care facilities. In March, 2005, the Parks and Recreation Commission received a report on the status of the Subject Property. In regard to the immediate needs at the Subject Property, the Commission recommended that City Council direct staff to take appropriate measures to mitigate or eliminate the conditions at the Subject Property as identified in the report. (The Commission also recommended that the City Council consider the formation of an ad -hoc committee to review and provide recommendations regarding the ongoing and future use(s) of the Subject Property. A more detailed report regarding the latter item will be presented to City Council at a future meeting.) No other reasonable means of financing the acquisition and improvement of the Subject Property are available. The budget constraints of the City and the extraordinary voter approval requirements applicable to traditional methods of financing (e.g., general obligation bonds and community facilities district special tax bonds) as a practical matter prevent the City from financing the purchase and improvement by any other means. No moneys of the City were, are or are reasonably expected to be available on a long -term basis under the budget of the City to pay for the cost of the purchase and improvements. Traditional methods of financing such as the March 13, 2006 Agenda Report — Option to Purchase School Property Page 3 issuance of general obligation bonds are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two - thirds of the electorate. Assessment financing or special tax financing could overburden benefiting properties with assessments or special taxes and, in addition, special taxes require a two- thirds vote and assessments are subject to a majority protest. Staff is exploring additional sources of revenue to make further improvements to the Subject Property. Notice of the time and place of the public hearing has been published in the Sun newspaper for at least two successive weeks prior to the public hearing. STREET IMPROVEMENTS FOR OCEAN AVENUE In addition to using agency funds derived from the sale of the adjacent parcel for the purchase and improvement of the Subject Property, staff is recommending that a portion of such sale proceeds be used for street improvements to Ocean Avenue. As described in the Resolutions attached as Attachments C and D, redevelopment funds may be used for much needed improvements to Ocean Avenue. Staff proposes that the Council direct the Public Works Department to commence the design for the rehabilitation of Ocean Avenue including curb and gutter. Landscaping and sidewalk improvement are excluded from the project because of limited funding. In addition, the City has received informal requests to add traffic calming measures such as narrowing of the street and /or bulb -outs. Per the City Council's Traffic Calming Policy, the Public Works Department will evaluate each request and work with the requesting party expeditiously to incorporate the measures into the project. Private funding and support of the traffic calming measures consistent with the Policy will be required to implement the enhancing improvements. No public funds will be used for any of the requested traffic calming measures. The Public Works Department will begin the preparation of the plans and specifications for both projects with schedule to implement both projects this fall. During the upcoming budget workshops, staff will bring forward any other necessary resolutions and budget adjustments. FINANCIAL IMPACT If the option to purchase is exercised, the purchase price would be $679,000 less prorated rent paid by the Agency for the period in 2006 prior to the closing date. Sale proceeds from the sale of the adjacent property are proposed to be used. There will be no impact upon the City's General Fund. In addition to the purchase price, there will be closing expenses. Remaining sale proceeds are proposed to be used for improving the Subject Property and Ocean Avenue. Once again, there will be no impact upon the City's General Fund. (A budget summary of Agency revenue and expenditures relating to this report will be provided at the Public Hearing.) March 13, 2006 Agenda Report — Option to Purchase School Property Page 4 RECOMMENDATION: It is recommended that: ' 1. City Council adopt proposed Resolution No. 5441 (Zoeter) (Attachment A) 2. Redevelopment Agency adopt Resolution No. 06 -3 (Zoeter) (Attachment B) 3. City Council adopt proposed Resolution No. 5442 (Ocean Avenue) (Attachment C) 4. Redevelopment Agency adopt Resolution No. 06 -4 (Ocean Avenue) (Attachment D) 5. Amend the Capital Improvement Program and authorize the Public Works Department to prepare the Plans, Specifications and Estimates (PSE) for Zoeter and Ocean Avenue. Submitted By: Mar ukojevic, Registered Engineer Director of Public Works /City Engineer ,L GK Ju e Yotsuy /Assistant City Manager NOTED AND APPROVED: G J B. B i rski, A ency =ye Director and Seal Beach City Manager Attachments: Attachment A: City Council Resolution No. 5441 Re Zoeter Attachment B: Redevelopment Agency Resolution No. 06 -3 Re Zoeter Attachment C: City Council Resolution No. 5442 Re Ocean Avenue Attachment D: Redevelopment Agency Resolution No. 06 -4 Re Ocean Avenue Attachment E: Map of Subject Property ATTACHMENT A RESOLUTION NO. 5441 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING PAYMENT BY THE SEAL BEACH REDEVELOPMENT AGENCY FOR THE COST OF THE ACQUISITION AND IMPROVEMENT OF PROPERTY CONTAINING STRUCTURES INCLUDING CHILDCARE FACILITIES TO BE OWNED BY THE CITY RECITALS A. The Los Alamitos Unified School District is the owner of land and improvements thereon ( "Property ") commonly known as 343 and 357 12th Street, Seal Beach, California 90740, more particularly described as Parcel 2 on Parcel Map 87 -131, as per map recorded in Book 233, Pages 15, 16 and 17 of Parcel Maps, in the Office of the Orange County Recorder. B. The Los Alamitos Unified School District is leasing the Property to the City of Seal Beach ( "City ") by a Lease dated January 1, 1987 (the "Lease "). Section 13.2 of the Lease contains an option in favor of the City to purchase the Property (the "Purchase Option "). C. The City desires to exercise its Purchase Option. D. Pursuant to provisions of the Community Redevelopment Law, the Agency desires to pay the costs of the City's acquisition and improvement of the Property. E. The Property is currently improved with structures containing childcare facilities and a parking lot. The City may install and construct additional publicly owned structures on the Property. The Property will be owned by the City, and will benefit the Project Area by helping to remove blighting influences, retaining childcare facilities available to City residents, including low and moderate income families in the Project Area, and creating additional educational and recreational services for such residents and families. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. Pursuant to provisions of Health and Safety Code ( "H &S ") Section 33000, et seq., and in particular § 33445, the Agency proposes to pay the purchase price of $679,000 (which may be adjusted in the event rent is paid for the period in 2006 prior to the closing date) and other funds necessary in order for the City to purchase and improve the Property. Section 2. Due to budget considerations of the City, the cost of the Property and certain improvements thereto have been allocated to the Agency. No other reasonable means of financing the acquisition of the Property, or any future improvements thereon, are available to the community. The budget constraints of the City and the extraordinary voter approval requirements applicable to traditional methods of financing (such as general obligation bonds and community facilities district special tax bonds) as a practical matter prevent the City from financing the purchase the Property and improvement thereof by any other means. No moneys of the City were, are or are reasonably expected to be available on a long -term basis under the budget of the City to now pay for the cost of the purchase and improvement of the Property. Traditional methods of financing such as the issuance of general obligation bonds are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two - thirds of the electorate. Assessment financing or special tax financing could overburden benefiting properties with assessments or special taxes and, in addition, special taxes require a two- thirds vote and assessments are subject to a majority protest. Section 3. Staff has prepared a summary report, attached as Exhibit A to Redevelopment Agency Resolution No. 06 -3, which is hereby incorporated by this reference. The City Council hereby finds and determines that all of the facts, findings and determinations set forth in the summary report are true and correct. Section 4. The City Council hereby finds and determines that based upon the foregoing, the summary report, and all other information presented at the joint public hearing, including the staff report and other documents presented by the staff: (i) the Property, including childcare facilities and future improvements, is of benefit to the Project Area and to the immediate neighborhood in which the Property is located; (ii) no other reasonable means of financing the purchase and improvement of the Property is available to the City; (iii) the payment of funds for the acquisition and improvement of the Property will assist in the elimination of one or more blighting conditions inside the Project Area; and (iv) the Agency's payment of up to $700,000 of its funds, plus closing costs, for the purchase price of the Property, and payment of costs related to improving the Property, are each consistent with the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490. Section 5. The City Council hereby approves the City's exercise of the Purchase Option and consents to the Agency's payment of up to $700,000 for the Property plus closing costs, and payment of all or a part of the cost to improve the Property, estimated at $1,000,000. Section 6. City officials, city manager, staff, consultants and legal counsel to the City are hereby authorized to execute any instruments reasonably necessary or convenient to cause or facilitate such Purchase Option exercise and Property acquisition to occur. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach this day of , 2006 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members 2 Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2006. City Clerk 3 ATTACHMENT B RESOLUTION NO. 06-3 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH APPROVING PAYMENT BY THE REDEVELOPMENT AGENCY FOR THE COST OF THE ACQUISITION AND IMPROVEMENT OF PROPERTY CONTAINING STRUCTURES INCLUDING CHILDCARE FACILITIES TO BE OWNED BY THE CITY RECITALS A. The Los Alamitos Unified School District is the owner of land and improvements ( "Property ") commonly known as 343 and 357 12th Street, Seal Beach, California 90740, more particularly described as Parcel 2 on Parcel Map 87 -131, as per map recorded in Book 233, Pages 15, 16 and 17 of Parcel Maps, in the Office of the Orange County Recorder. B. The Los Alamitos Unified School District is leasing the Property to the City of Seal Beach ( "City ") by a Lease dated January 1, 1987 (the "Lease "). Section 13.2 of the Lease contains an option in favor of the City to purchase the Property (the "Purchase Option "). C. The City desires to exercise its Purchase Option. D. Pursuant to provisions of the Community Redevelopment Law, the Agency desires to pay the costs of the City's acquisition and improvement of the Property. E. The Property is currently improved with two structures containing childcare facilities. The City may install and construct additional publicly owned structures on the Property. The Property will be owned by the City, and will benefit the Riverbeach Project Area by helping to remove blighting influences, retaining childcare facilities available to City residents, including low and moderate income families in the Project Area, and creating additional educational and recreational services for such residents and families. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS: Section 1. Pursuant to provisions of Health and Safety Code § 33000, et seq., and in particular § 33445, the Agency proposes to pay the purchase price of $679,000 (which may be adjusted in the event rent is paid for the period in 2006 prior to the closing date) and other funds necessary in order for the City to purchase and improve the Property. Section 2. Due to budget considerations of the City, the cost of the Property and certain improvements thereto have been allocated to the Agency. No other reasonable means of financing the acquisition of the Property, or any future improvements thereon, are available to the community. The budget constraints of the City and the extraordinary voter approval requirements applicable to traditional methods of financing (such as general obligation bonds and community facilities district special tax bonds) as a practical matter prevent the City from financing the purchase of the Property and improvement thereof by any other means. No moneys of the City were, are or are reasonably expected to be available on a long -term basis under the budget of the City to now pay for the cost of the purchase and improvement of the Property. Traditional methods of financing such as the issuance of general obligation bonds are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two - thirds of the electorate. Assessment financing or special tax financing could overburden benefiting properties with assessments or special taxes and, in addition, special taxes require a two - thirds vote and assessments are subject to a majority protest. Section 3. Staff has prepared a summary report, attached hereto as Exhibit A and incorporated by this reference. The Agency Board hereby finds and determines that all of the facts, findings and determinations set forth in the summary report are true and correct. Section 4. The Agency Board hereby finds and determines that based upon the foregoing, the summary report, and all other information presented at the joint public hearing, including the staff report and other documents presented by the staff: (i) the Property, including childcare facilities and future improvements, is of benefit to the Project Area and to the immediate neighborhood in which the Property is located; (ii) no other reasonable means of financing the purchase and improvement of the Property is available to the City; (iii) the payment of funds for the acquisition and improvement of the Property will assist in the elimination of one or more blighting conditions inside the Project Area; and (iv) the Agency's payment of up to $700,000 of its funds, plus closing costs, for the purchase price of the Property, and payment of costs related to improving the Property, are each consistent with the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490. Section 5. The Agency Board hereby approves the Agency's payment for the cost of the Property in an amount not to exceed $700,000, plus closing costs, and payment of all or a part of the cost to improve the Property, estimated at $1,000,000. PASSED, APPROVED AND ADOPTED by the Redevelopment Agency of the City of Seal Beach this day of , 2006 by the following vote: AYES: Agency Members NOES: Agency Members ABSENT: Agency Members ABSTAIN: Agency Members Chairman ATTEST: Agency Secretary 2 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, Agency Secretary of the Redevelopment Agency of the City of Seal Beach, California, do hereby certify that the foregoing Resolution is the original of Resolution Number _ , on file in the office of the City Clerk, passed, approved, and adopted by the Redevelopment Agency of the City of Seal Beach at a meeting thereof held on the day of , 2006. Agency Secretary 3 EXHIBIT A SUMMARY REPORT REGARDING PAYMENT BY THE SEAL BEACH REDEVELOPMENT AGENCY FOR THE COST OF THE ACQUISITION AND IMPROVEMENT OF PROPERTY INCLUDING A CHILDCARE FACILITY OF BENEFIT TO THE RIVERFRONT PROJECT AREA The Los Alamitos Unified School District, as landlord and the City of Seal Beach, as tenant, entered into a lease /purchase option agreement dated January 1, 1987 ( "Lease ") for the portion of the former Zoeter School site commonly known as 343 and 357 12th Street, Seal Beach, California 90740, more particularly described as Parcel 2 on Parcel Map 87 -131, as per map recorded in Book 233, Pages 15, 16 and 17 of Parcel Maps, in the Office of the County Recorder of Orange County ( "property "). The property is improved with two structures, including one housing day care facilities, and parking. The term of the Lease commenced on the 1 of day of January 1987 and will expire on the 31 day of December 2011, unless terminated prior to that date. Article XIII of the Lease granted the City an option to purchase the property. It provides that the City may exercise the option to purchase at any time during the term of the Lease by providing the School District a written notice of the exercise of the option. If the City exercises the option to purchase, the Lease requires the transfer of title and the payment of the purchase price to occur within thirty days after the option to purchase is exercised. The City's exercise of the option will terminate the Lease. Estimate of the Amount of Taxes Proposed to be Used for Purchase of the Property and Improvement Thereto The Redevelopment Agency of the City of Seal Beach ( "Agency ") established the Riverfront Project Area in 1969. The Agency proposes to pay for the purchase of the property, and certain improvements thereto, pursuant to proposed resolutions of the City Council and Agency Board. The City has leased the subject property since 1987 under the Lease that includes a purchase option with the Los Alamitos Unified School District. The City is currently subleasing the property to a childcare facility operator. The City is considering exercising the option for the purchase price of $679,000 subject to a credit for prorated rent paid for 2006, using funds recently acquired by the Agency upon its sale of adjacent property. The amount of Agency funds used may exceed that amount. In addition, staff is proposing that the property be improved, at an estimated cost of $1,000,000. Agency funds will be used to pay all or a portion of the cost to improve the property. The property and the childcare facility and parking lot constructed thereon (collectively "Facilities ") and any future improvements will be owned by the City of Seal Beach. Facts Supporting Determinations The Facilities are of benefit to the project area and the immediate neighborhood in which the project is located. The project area is an area in which the combination of conditions of 4 blight is so prevalent and so substantial that it causes a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical, social and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. The project area is characterized by the existence of inadequate public improvements and public facilities, including childcare facilities and open space that cannot be remedied by private or governmental action without redevelopment. No other reasonable means of financing the acquisition of the land on which the Facilities are located, or any future improvements thereon are available to the community. The budget constraints of the City and the extraordinary voter approval requirements applicable to traditional methods of financing (such as general obligation bonds and community facilities district special tax bonds) as a practical matter prevent the City from financing the purchase and improvement of the Facilities by any other means. No moneys of the City were, are or are reasonably expected to be available on a long -term basis under the budget of the City to now pay for the cost of the purchase and improvement of the Facilities. Traditional methods of financing such as the issuance of general obligation bonds are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two - thirds of the electorate. Assessment financing or special tax financing could overburden benefiting properties with assessments or special taxes and, in addition, special taxes require a two- thirds vote and assessments are subject to a majority protest. The acquisition of the Facilities and construction of future improvements are consistent with the Agency's implementation plan. Redevelopment Purpose; Elimination of Blight The payment of funds for the acquisition of the Facilities or other improvements will assist in the elimination of one or more blighting conditions inside the project area. The Facilities will serve a basic purpose of redevelopment; redevelopment includes the provision of structures and spaces as may be appropriate or necessary in the interest of the general welfare. In addition, a fundamental purpose of redevelopment is to expand employment opportunities and to provide an environment for the social, economic and psychological growth and well being of all citizens. The Facilities will provide childcare opportunities for working parents, including those of low and moderate income. The Facilities will serve the residents and taxpayers of the project area and assist in the elimination of conditions of blight within the project area. This in turn assists in eliminating a factor that prevents or substantially hinders the economically viable use or capacity of buildings or lots and will encourage private sector investment in the project area, thereby facilitating the redevelopment of the project area. 5 ATTACHMENT C RESOLUTION NO. 5442 A RESOLUTION OF THE CITY OF SEAL BEACH CONSENTING TO PAYMENT BY THE AGENCY FOR ALL OR A PART OF THE COST OF CERTAIN STREET IMPROVEMENTS WHICH BENEFIT THE RIVERBEACH REDEVELOPMENT PROJECT THE SEAL BEACH CITY COUNCIL HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et semc .), and in particular Section 33445 thereof, the Redevelopment Agency of the City of Seal Beach ( "Agency ") proposes to pay for all or a part of the cost of improvements to a certain local collector streets which are identified in Exhibit A attached hereto and incorporated by this reference herein. The proposed improvements to the streets set forth in Exhibit A include resurfacing, which will extend the useful life of those streets by at least seven years. Improvements to the streets set forth in Exhibit A will improve traffic circulation inside and outside the Riverbeach Project ( "Project Area ") and will improve ingress and egress to and from the Project Area. The Project Area is an area in which the combination of conditions of blight is so prevalent and so substantial that it causes a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical, social, and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. Conditions of blight in the Project Area include a lack of adequate public improvements, including traffic circulation improvements, and properties which suffer from economic dislocation, deterioration, or disuse. The improvements to the streets set forth in Exhibit A will assist in remedying a lack of adequate public improvements, improve vehicular circulation, improve access to the surrounding area, mitigate safety hazards, and improve aesthetics. This in turn will assist in eliminating a factor, which prevents or substantially hinders the economically viable use or capacity of buildings or lots and will encourage private- sector investment in the Project Area, thereby facilitating the redevelopment of the Project Area, all for the health, safety and welfare of the residents and taxpayers of the Project Area. Section 2. The budget constraints of the City prevent the City from financing the street improvements by any means. Traditional methods of financing such as the issuance of general obligation bonds are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two - thirds of the electorate. Assessment financing or special tax financing could overburden benefiting properties with assessments or special taxes which would be added to existing taxes and assessments, and, in addition, special taxes require a two - thirds vote and special assessments are subject to a majority protest. Section 3. The City Council hereby finds and determines that based upon the foregoing and other information presented to it: (a) the improvements to the streets set forth in Exhibit A are of benefit to the Project Area and to the immediate neighborhood in which the project is located, (b) the payment of funds for all or a part of the cost of the street improvements assists in the elimination of one or more blighting conditions inside the Project Area, (c) the 2 payment of funds for all or a part of the cost of the street improvements is consistent with the Implementation Plan adopted pursuant to Health and Safety Code Section 33490; and (d) no other reasonable means of financing the street improvements are available to the City. Section 4. The City Council hereby approves payment by the Agency for all or a part of the cost of the street improvements set forth in Exhibit A from any revenues of the Agency lawfully available therefor. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach this day of , 2006 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2006. City Clerk 2 EXHIBIT A Street Improvements Rehabilitation of Ocean Avenue pavement, curb and gutter from Seal Beach Blvd/Electric Avenue to First Street. 3 ATTACHMENT D RESOLUTION NO. 06-4 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH APPROVING PAYMENT BY THE AGENCY FOR ALL OR A PART OF THE COST OF CERTAIN STREET IMPROVEMENTS WHICH BENEFIT THE RIVERBEACH REDEVELOPMENT PROJECT THE SEAL BEACH REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et semc .), and in particular Section 33445 thereof, the Redevelopment Agency of the City of Seal Beach ( "Agency ") proposes to pay for all or a part of the cost of improvements to a certain local collector streets which are identified in Exhibit A attached hereto and incorporated by this reference herein. The proposed improvements to the streets set forth in Exhibit A include resurfacing, which will extend the useful life of those streets by at least seven years. Improvements to the streets set forth in Exhibit A will improve traffic circulation inside and outside the Riverbeach Project ( "Project Area ") and will improve ingress and egress to and from the Project Area. The Project Area is an area in which the combination of conditions of blight is so prevalent and so substantial that it causes a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical, social, and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. Conditions of blight in the Project Area include a lack of adequate public improvements, including traffic circulation improvements, and properties which suffer from economic dislocation, deterioration, or disuse. The improvements to the streets set forth in Exhibit A will assist in remedying a lack of adequate public improvements, improve vehicular circulation, improve access to the surrounding area, mitigate safety hazards, and improve aesthetics. This in turn will assist in eliminating a factor, which prevents or substantially hinders the economically viable use or capacity, of buildings or lots and will encourage private- sector investment in the Project Area, thereby facilitating the redevelopment of the Project Area, all for the health, safety and welfare of the residents and taxpayers of the Project Area. Section 2. The budget constraints of the City prevent the City from financing the street improvements by any means. Traditional methods of financing such as the issuance of general obligation bonds are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two - thirds of the electorate. Assessment financing or special tax financing could overburden benefiting properties with assessments or special taxes which would be added to existing taxes and assessments, and, in addition, special taxes require a two- thirds vote and special assessments are subject to a majority protest. Section 3. The Agency hereby finds and determines that based upon the foregoing and other information presented to it: (a) the improvements to the streets set forth in Exhibit A are of benefit to the Project Area and to the immediate neighborhood in which the project is located, (b) the payment of funds for all or a part of the cost of the street improvements 1 assists in the elimination of one or more blighting conditions inside the Project Area, (c) the payment of funds for all or a part of the cost of the street improvements is consistent with the Implementation Plan adopted pursuant to Health and Safety Code Section 33490; and (d) no other reasonable means of financing the street improvements are available to the City. Section 4. The Agency hereby approves payment by the Agency for all or a part of the cost of the street improvements set forth in Exhibit A from any revenues of the Agency lawfully available therefor. PASSED, APPROVED AND ADOPTED by the Redevelopment Agency of the City of Seal Beach this day of , 2006 by the following vote: AYES: Agency Members NOES: Agency Members ABSENT: Agency Members ABSTAIN: Agency Members Chairman ATTEST: Agency Secretary STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, Agency Secretary of the Redevelopment Agency of the City of Seal Beach, California, do hereby certify that the foregoing Resolution is the original of Resolution Number _ , on file in the office of the City Clerk, passed, approved, and adopted by the Redevelopment Agency of the City of Seal Beach at a meeting thereof held on the day of , 2006. Agency Secretary 2 EXHIBIT A Street Improvements Rehabilitation of Ocean Avenue pavement, curb and gutter from Seal Beach Blvd/Electric Avenue to First Street. 4 ATTACHMENT E 233 16 ,MEET 2 OF 3 SHEETS SCALE II 50' PARCEL MAP N 87- 131 3 PARCELS . PARCEL 1. 1.767 ACRES (GROSS) IN THE CITY OF SEAL BEACH 1.764 ACRES (NET) COUNTY OF ORANGE , STATE OF CALIFORNIA PARCEL 2. 1.646 ACRES ( GROSS) I.645 ACRES (NET) R.V. PEARSALL INC. RONALD L. WARRECKER L.S. 5203 PARCEL 3. 1.991 ACRES NOVEMBER, 1987 ( GROSS AND NET 1 ALL OF TENTATIVE PARCEL Yo #UMENTA7I0N NOTATION LEGEND, • MAP Na B7 - 13) 0 (TYPE OF SET YONU 032107 NOTED - 0 .D. P.R. NAIL (N0 REF.( ACCEPTED A8 c 1N 9706P10 L.S. !LO! 1 TERSECTIOM- REPLACED WITH •PR. • WASHER 01318 OF eEARING3 ( STAMPED L.S. 3203 THE HARING SHOWN HEREON ARE 9ASE0 ON • DENOTES FOUND MONUMENT 0 FD. P.R. SP8.l x° REF.( 400EPTED AS C THE •EARIN6 N 31.17'' E • OF T. TYPE AND SOURCE NOT. 7 �. Q 9. C.'LY CDR. 1.07 II , BLOCK 211, 10 CENTERLINE OF 127. STREET AS BHOWN ON INTERaECT10N- REPLRCED WITH SPN • WASHER BAY VIEW ' +ACT, M.M. 11/91 PARCEL MAP N. 60 - 1004 ,P,M.•. !03 /••-l0 (%) DENOTES FOUND MONUMENT- STAMPED L.B. 920] I RECORDS OF ORANGE 1011477,CALIFORXIA 0 SET REPLACED WITH YONUMENI 0 N.! CDR. LOT 63, BLOCE all, STAMPED L.S. °203 1 TYPE E- .P. ° L.S. TAO 5203 [FLUSH 1 .7 VI {W TRACT , M. M. •/ 91 OF MONUMENT NOTED 1 0 SET 1 I.P • L.1. TAO 3203 IFLYSX ® 6.'7.'L7 CDR. LOT 2 SE O Exo J � • .LOCK 211, BAY VIEW OFD 3P0. • WASHER 61*0710 L.S. 5203 ®9073103 FD.- NOTHING SET TRACT, M.Y. . /91- ESTAELISHED BY 070. 670. • WASHER 100W. 01') PER CAL TRANS PER MIL 203/49-30 PROPORTION Bt 8 THE NM CDR. P3. A0R -0°IE /0011 Q 9. w.'LY LOT d, ll, LOT 66 1.0 THE S.W. CDR. LOT l., 0SET SPX. • WASHER STAMPED L.S. 5203 9AY VIEW CDR. TRACT, . Y.0 BLOCK 5/91 a OP SAID eLOCM .0 TRACT 0F0. 372. S WASHER (DOWN 0.1 PER CAL TRANS 7.9. •01 /Ma AND PY.a. !0]/•9 - Q 327 LEAD • L.S. TAO 5203 O! W 17 CDR. LOT l., BLOCK 211, O SET LEAD 9 L.9. TAO 0203 ON 1.00' OFF -SET FROM CORNER N31 BAY VIEW TRACT, Y.M. 8/81 PACIFIC COAST HIGHWAY - N811••2'49•0 1!5 02' .20.09' ,I. •°3.07' 3002 •1 • '9. _ • O 0 .. I n 8 °el 1 I N 'WIN (560.00•)+ 5 0 0 N5.••2'•s•• 3.0.07' 0 I 125.02• 63!.05' • 3000' _ D :' 5a'(IIT. S'1 • 0 •.0' 0 250.03' 1200.0 r 30' I 0 (117.5 (11,II7.(32(• 117. I 1.0'1 I •2Y.a5' Si I 1 I ST _ _ i L y r _ ee '1 •3 1 (117.°') H .• I11311 (17.31 i 30 .0' ]0 r.3 °° O ■ O I I a! 1 ' I E -I 1 6a I At, . - -• - - °� --- � ' ' W 3 le' 1C ., P ARCEL 1 .3 1 j 1 09 311 _ 3_0 W . W WI • al 2 - --1 • (- I E l a a. F : - GOO' q5 I ' BLOC'+ !9 i ° 5T N l 4T 1 - . r.,B55 1 .J2 1 ~ ° r . B - � -1 sG. r °° i Y � n° _ L .-::::;66,E: UNLY1 •° •°, OA 1 ;• 1 I I 0° W GT }Y 1 T ._ N 3.•• . WM ' i •i/.51' j - � �' �I P. M.a. N. 0 /61 _ 1 I J r 51 La03/ L N •0 • •a'l. • W I 1 2.5.00 •• , I -- 1 1 I B/° I I 0 B Ay 37 i 1 o 1 � a5 • _ M -_ - --1 F 111333 - I.- _ 3. ° 1 o M. N. .1 44 1 1 - s PARCEL 2 0 - m l -1 I- - -- I BLDOa Al 33 .I 1 ` 1 1 71, .98.87 a12 01. _ 1 1 •L 1 1 •I SO. rT. BRY TR GOT DI -t 5 - - - J - I 6.m. • 181 1 PARCEL) 3 •0 1 33 • - 1 ( 29 94,3.7.92 i S FT. 3. y r 37 __ _- / r J F - 27 1 ▪ 36 1 � 16 -_ _ = t. .0- _ I °- - _ - -� L_ - 1 1 -- _ • 1 I. C ^ 1 I -- r 23 1 I 32 1 1 51 J I 1 1 I 7.5.--7-i � al 0 1 I 0 30 I : a• ---1,12_ 1 0 LANDING 1 I N aa..t. 1S , °•w _ -_ f '- _ ]0198'L - \ :--t-- O 0 1,B 127. u' lr 1 1e :.u' ` ° Avexue 1 O --Al 600 p , ` 117.•7' _ 1.• ° I C , ° °.W ( _1 109.8(' 1 ` j I 7.50 7.50 3aaD - �W as i sa L T_ • • : zy. N5.V2 i • E ce - 1/• 4 n1, I ` '3 •,. O . LANDING AVENUE 0 O 'r ]0 ]0 I x • ]s W 2.9.85' I /E \ I l Ir I __ 13 iw alW w (N '17 1 15 La000'1• )1,1 j. y 11 /2 N el ^ : - 11 • LEGEN. (CONT.) 0 �22 Dy • W . - - _ m. - , • dq.N C ©3E.'LY COq LOT 33, °LOCH lIi, BAY C ^ - B _ VIEW TRACT, M.Y. 11/81- ISH[0 BY - IWa -- • VIEW PPOPOPTION BETWEEN THE N.E COB. I 0 1. V I • I 16 _ • LOT a! ANC THE 6.E. LY GDR. LOT 11, 161.37' o^ - x OF 3•10 •LOCK ANC TRACT P ........z...... N q /3•W ILW'LY LINE LOT 17 ,111.01K 210,BM • RECORD PER BAY VIEW _ 1 0 \...., I15' 6/!1- ISNEO 0Y TRACT , Y.Y. \ J L. VIEW TRACT, Y.Y. 0 I ION .f7WEEN THE N.E.LY LINE • /BI ° 13 , - - LOT 57 AND THE 3.0 LINE :07 11, 4* RECORD PER 7.3.0. 203/49 -50 1 L Ii 2 C•(C /N a 50' I 50' © INSTRUMENT OS (76017 TRACT 01101010 JULY 14, \ O S P, ' ■ w .O' I 21OCK N 1339 IM 9000 1004, PAGE 119. O.R. w 060.00' WIDE EASEMENT OF 1. 9007X!02 f`f•2°, COUNTIES 315 COMP.. OF CAU/FORNIA FOR 3A! LINES PER DECD REG09213 NOTE , MAY 29, 1339 IN BOOK 906 , PAGE 198, 0.R. SEC SHCli ] Of ] Xl9 . MR ADDITIONAL tAS2YENCTa r �� . • 1 O I \ , • tX///i ' jo dOPP rn i ell.. ' 4 ' ry �, o i • N �� N ° " // �� i t .,. . yyy Wi a ) , , . ,,,,.....• 41111111k- , ::,,,,' 44.11 1b#4' . ' . .., /4tNN•%, ' ' i r i i / , • t IP.-- A iiiiihts. - _ -., co • s "Illi / . - - ' ''' 1 —.1146 r , • = c� cV ;. C7 , illis V t o it `� • , - � �, ',, - • Ai ,,, . . ., .1/4. , ,:., .. ,- ' 41111‘, ' - ''''' '' ''' 4.., IP e I : ,o, ,,_ II..., .„...,.,),,,, __ ... /s....,„..H-.:,,tir '- . 4 tQl A .... 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