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HomeMy WebLinkAboutCity Council - 5741 CITY COUNCIL RESOLUTION NO. 5741 A RESOLUTION OF THE CITY OF HUNTINGTON BEACH APPROVING THE SALE OF REAL PROPERTY IN THE MAIN-PIER REDEVELOPMENT PROJECT AREA AND APPROVING NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND AUTHORIZING THE EXECUTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT WHEREAS, the Huntington Beach Redevelopment Agency (hereinafter referred to as the "Agency" ) under the provision of the California Community Redevelopment Law, Section 33000 et seq. of the California Health and Safety Code, is engaged in activities necessary for the development of Main-Pier Redevelopment Project Area (hereinafter referred to as the "Project Area" ; and WHEREAS, in order to effectuate the provisions of the Redevelopment Plan relating to the Project Area, the Agency proposes to sell certain property owned by it within the Project Area (hereinafter referred to as the "Site" ) generally described and depicted on the attached "Site Map" set forth as Exhibit A hereto; and WHEREAS, Beachfront Lake Street (hereinafter referred to as the "Developer" ) has submitted to the Agency a written offer in the form of a Disposition and Development Agreement (the "Agreement" ) , attached hereto as Exhibit B, to purchase the Site at fair market value and to develop the Site for uses in accordance with the Redevelopment Plan (said development as described in the Agreement being hereinafter referred to as the "Project" ) ; and WHEREAS, the Agency has determined that the proposed Disposition and Development Agreement contains all the provisions, 1 . terms and conditions, includes all obligations required by State and local law, and Developer possesses the qualifications and financial resources necessary to acquire and insure development of the Site in accordance with the purposes and objectives of the Redevelopment Plan and the Project; and WHEREAS, the Agency and the City Council of the City of Huntington Beach have held a joint public hearing on the proposed sale of the Site pursuant to published notice as required by State Law; and WHEREAS, the Agency has duly considered all terms and conditions of the proposed sale and believes that the development of the Site pursuant to the 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 requirements; and WHEREAS, the Agency and the City have received and considered the report of the Agency staff on the proposed development to be carried out pursuant to the Agreement; and WHEREAS, a Negative Declaration was prepared subsequent to an environmental review and evaluation by Agency staff of the sale of the Site in compliance with the California Environmental Quality Act of 1970; and WHEREAS, said Negative Declaration evaluates the impacts associated with the Developer ' s proposal and concludes that the sale will not have any significant effect on the environment; and WHEREAS, as a result of the Agency's consideration and evidence presented at the hearing on the same matter, the City Council has determined that said sale will not have any 2. significant effect on the environment; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby find, determine, order and resolve as follows: SECTION 1 . The recitals set forth above are true and correct . SECTION 2. The Negative Declaration prepared for this Project indicates that the proposed sale will not have a significant effect on the environment, and such determination and Negative Declaration are hereby certified. The City Clerk is hereby requested to prepare, file, and have posted a Notice of Determination with County Clerk of Orange County and State Secretary of Resources. The City Clerk is further requested to make available to the public a copy of this Resolution and said Negative Declaration. SECTION 3. The City Council finds and determines that the sale of the Site at fair market value is justified based upon ( i ) the upgrading influence that the proposed development will have on the project Area and the community; and (ii ) enhanced revenues for the Agency and the community. SECTION 4. The Disposition and Development Agreement providing for the sale of the Site by the Agency to the Developer as described in the Disposition and Development Agreement is hereby approved. SECTION 5. The Mayor and the City Clerk are hereby authorized to execute the Disposition and Development Agreement and any ancillary documents relating thereto and to take any and all other actions necessary or convenient to give effect to this resolution. 3. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on 15th day of December , 1986. ATTEST: APPROVED AS TO FO M: 7it y Clerk iz- � City Attorney Deput ity Administrator City Administra r 1770L 12-12-86 4. Res. No. 5741 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF EM INGTON 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 jr th day of December 19 86 by the following vote: AYES: Councilmen: Winchell , Mays, Finley, Kelly, Erskine, Green NOES: Councilmen: Bannister ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California