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HomeMy WebLinkAboutCity Council - 5914 RESOLUTION NO. 5914 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE CONVEYANCE BY MEANS OF SALE AND LEASE OF REAL PROPERTY PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND ROBERT L. MAYER, AS TRUSTEE OF THE ROBERT L . MAYER TRUST OF 1982 , DATED JUNE 22, 1982 , AS AMENDED WHEREAS, the Redevelopment Agency of the City of Huntington Beach (the "Agency" ) is authorized to conduct redevelopment activities within the Main-Pier Redevelopment Project Area (the "Project Area" ) , which activities include the acquisition and conveyance of real property for private development; and WHEREAS, the Agency desires to enter into a Second Amended Disposition and Development Agreement (the "Agreement" ) with Robert L . Mayer , as Trustee of the Robert L . Mayer Trust of 1982 , dated June 22, 1982 , as amended (the "Developer" ) , which Agreement provided for the transfer in part by Deed and in part by Lease of the "Site" , which is that certain portion of the Project Area as set forth in the Agreement; and WHEREAS, the Agency and the City Council of the City ( "City Council" ) , have conducted a duly noticed join public hearing regarding the proposed Agreement in accordance with California Health and Safety Code, Sections 33431 and 33433; and WHEREAS, 'the staff report pertaining to the Agreement, which has been on display prior to the joint public hearing in accordance with Section 33433 of the California Health and Safety Code, contains a detailed description of the provisions of the Agreement; and WHEREAS, the Agreement provides for the development of certain public improvements which are enumerated in the Redevelopment Plan and will be of benefit to the Project Area and the cost of which renders such improvements infeasible without the financial participation by the Agency. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: Section 1 . The City Council finds and determines, based upon the testimony and information presented during the public hearing with respect to the Agreement that the consideration for the real property to be transferred to the Developer by Deed and Lease constitutes the fair-market value thereof determined by the highest use permitted under the Redevelopment Plan for the Project Area and based upon the convenants and restrictions established by the Agreement . The City Council further finds 5914 that the provision of the Public Improvements as provided for in the Agreement is necessary to effectuate the purpose of the Redevelopment Plan applicable to the Project Area; that the cost of the Public Improvement renders their construction infeasible without financial participation by the Agency and the City Council hereby approves the provision of such improvements by the Agency. Section 2 . The City Council hereby approves the Agreement and all of its provisions, including without limitation, the attachments thereto and authorizes the Chairman and the Executive Director to execute all documents referenced in the Agreement and necessary to effectuate the provisions of the Agreement . Section 3. Pursuant to the California Environmental Quality Act (CEQA) the City Council has reviewed the Supplemental Environmental Impact Report 82-2 (the "Supplemental EIR" ) for the Waterfront Development and has approved and certified adequacy of said Supplemental EIR for this Project . PASSED AND ADOPTED this 15thday of Auclust 1988 . Chairman ATTEST: APPROVED AS TO FORM: -P , A-4� AV Agency Clerk I*- Agency Counsel r Special Agency Counsel REVIEWED AND APPROVED: INITIATED AND APPROVED: Executive Director Director OfEconomic Development 5914 Res. No. 5914 STATE OF CALIFORNIA COUNTY OF ORANGE 3 ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, 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 a regular meeting thereof held on the 15th day of August 19 88 by the following vote: AYES: Councilmembers: Kelly, Green, Finley, Erskine, Mays, Bannister NOES: Councilmembers: Winchell ABSENT: Councilmembers: None City Gler nd ex-officioZglerk of the City Council of the City of Huntington Beach, California 5914