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HomeMy WebLinkAboutCity Council - 5952 RESOLUTION NO. 5952 A RESOLUTION OF THE CITY/OF HUNTINGTON BEACH APPROVING THE ACQUISITION AND DISPOSITION OF REAL PROPERTY PURSUANT TO AN OWNER PARTICIPATION AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND ROBERT J. KOURY 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 The Agency desires to enter into a Owner Participation Agreement (the "Agreement" ) with Robert J. Koury, an individual (the "Participant" ) , which Agreement provides for the acquisition and imposition of certain portions of the Project Area generally situated along Main Street and the provision of a public parking facility and other public improvements, all as set forth in greater particularity in the Agreement; and The Agency and the City Council of the City ("City Council" ) have conducted a duly noticed joint public hearing regarding the proposed Agreement in accordance with California Health and Safety Code Sections 33431 and 33433 ; and 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 The Agreement provides for the development of a public parking structure and certain public improvements, which are a benefit to the project area and are essential to its development according to the Main-Pier Redevelopment Plan the cost of which renders such improvements infeasible without the financial participation by the Agency; and Pursuant to the Agreement, the Agency shall provide certain improvements of public benefit, including the public parking facility, which Improvements are enumerated in the Redevelopment Plan; and 5952 � A The City Council has reviewed the EIR for this project which was previously certified as being in conformance with CEQA requirements and approved as adequate by the City Council in its action to uphold the Planning Commission' s determination to that effect on November 7, 1988 . NOW THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follow: Section 1 . The City Council finds and determines that EIR 88-4, as previously certified and approved including the finding of overriding considerations, is adequate for this project. Section 2 . 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 constitutes the fair-market value thereof determined by the highest use permitted under the Redevelopment Plan for the Project Area and based upon the covenants and restrictions established by the Agreement. The Redevelopment agency further finds that the provision of the Public Improvements as provided for in the Agreement are necessary to effectuate the purpose of the Redevelopment Plan applicable to the Project Area, that such improvements would be infeasible without the participation of the Agency and approves the provision of such improvements by the Agency. Section 3 . The Redevelopment Agency 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. PASSED AND ADOPTED this 19thday of (98 8 . E Mayor AZ: APPROVED AS TO FORM: City Clerk City Attorney REVI ND P ED: I TI ED AgeX City Administrator Dir or of Economic Development 2253n/2460/18 -2- 5952 STATE OF CALIFORNIA Res. No. 5952 COUNTY OF ORANGE 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 19th day Of DPcem r 19_g _, by the following vote: AYES: Councilmembers: MacAllister, Green, Winchell , Bannister, Mays, Silva, Erskine NOES: Councilmembers: None ABSENT: Councilmembers: -_None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 5952