HomeMy WebLinkAboutCity Council - 4529 RESOLUTION NO. 4529
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH APPROVING THE ACQUISITION
AND SALE OF CERTAIN REAL PROPERTY IN THE
WARNER-GOLDENWEST SMALL LOT REDEVELOPMENT
PROJECT PURSUANT TO A PARTICIPATION AGREEMENT
WITH L. C . SMULL
WHEREAS, the Redevelopment Agency of the City of
Huntington Beach (the "Agency") is engaged in activities nec-
essary to execute and implement the Redevelopment Plan (the
"Redevelopment Plan") for the Warner-Goldenwest Small Lot
Redevelopment Project (the "Project" ) in a portion of the city
of Huntington Beach (the "Project Area" ) ; and
In order to implement the Redevelopment Plan, the Agency
proposes to acquire and sell certain real property (the
"Property" ) in the Project Area pursuant to the terms and pro-
visions of a Participation Agreement between the Agency and
L. C. Smull; and
L. C. Smull has submitted to the Agency a written offer in
the form of said Participation Agreement to purchase the
Property for not less than fair market value for uses in accordance
with the Redevelopment Plan and the covenants and conditions of
said Participation Agreement; and
The proposed Participation Agreement contains all the pro-
visions, terms, conditions and obligations required by state
and local law; and
L. C. Smull possesses the qualifications and financial re-
sources necessary to acquire and insure development of the
Property in accordance with the purposes and objectives of the
Redevelopment Plan; and
For all purposes of the California Environmental Quality
MT:ahb 1.
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Act , all public and private activities or undertakings pursuant
to or in furtherance of a redevelopment plan constitute a single
project which shall be deemed approved at the time of adoption
of the redevelopment plan; and
The proposed development is covered by an environmental-
impact report to the Project for which a Notice of Determination
was filed on August 3, 1977, and the Agency found and determined
that there have not been any substantial changes in the Project
which would require another EIR; and
Pursuant to the provisions of the California Community
Redevelopment Law, the Agency, together with the Redevelopment
Commission of the City of Huntington Beach held a joint public
hearing on the proposed acquisition and sale of the Property
and the proposed Participation Agreement after publication of
notice as required by law; and
Following such joint public hearing, the Redevelopment
Commission recommended that the Agency approve the Participation
Agreement; and
The Agency approved the Participation Agreement and found
and determined that the consideration for sale of the Property
pursuant thereto is not less than fair market value in accord-
ance with covenants and conditions governing the sale; and
The City Council has duly considered all terms and con-
ditions of the proposed sale and believes that the redevelop-
ment of the Property pursuant to the proposed Participation
Agreement is in the best interests of the city and the health,
safety, morals and welfare of its residents and in accord with
the public purposes and provisions of applicable state and local
law,
NOW, THEREFORE, the City Council of the City of Huntington
Beach does resolve as follows :
SECTION 1 . The City Council hereby finds and determines
that the consideration for sale of the Property pursuant to
the Participation Agreement constitutes a fair and equitable
2.
price for the Property according to its value for reuse and
is not less than the fair market value of the Property for uses
in accordance with the Redevelopment Plan and the Participation
Agreement . This finding is based upon the fact that under the
Participation Agreement , L. C. Smull will reimburse the Agency
for all costs it incurs in acquiring the Property, and the
Agency is required by law to pay no less than fair market value
for property which it acquires .
SECTION 2. The City Council hereby approves and authorizes
the execution of the Participation Agreement between the Agency
and L. C . Smull.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 3rd
day of October, 1977•
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk ssi�TED
t ity A o ney T
REVIEWED AND APPROVED: INIT AND APPROVED:
City A ministrator Director of Planning
3.
Res No. 4529
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council
at a regular meeting thereof held on the 3rd day
of October 19 77 by the following vote:
AYES: Councilmen:
Bartlett, Wieder, Coen, Pattinson
NOES: Councilmen:
Siebert, Gibbs
ABSENT: Councilmen:
Shenkman
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California