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
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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