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HomeMy WebLinkAboutCity Council - 6092 AGCNey Rss, 196 RESOLUTION NO. 6092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE CONVEYANCE OF REAL PROPERTY PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND PHILIP ZISAKIS AND ROXANNE ZISAKIS WHEREAS, the Redevelopment Agency of the City of Huntington Beach (the "Agency") is authorized to conduct redevelopment activities within the Oakview Redevelopment Project Area (the "Project Area") , which activities include the acquisition and conveyance of real property for private development; and The Agency has entered or is entering into a Disposition and Development Agreement (the "Agreement") with Philip Zisakis and Roxanne Zisakis, (the "Developer") , which Agreement provides for the provision of public improvements and transfer by Deed of certain portions of the Project Area, which is that certain portion of the Project Area all as set forth in the Agreement which is on file in the office of the City Clerk and is incorporated herein by this reference; 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 -1- 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 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 City Council further finds that the provision of the 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 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 . -2- 6092 Section 3 . Pursuant to the California Environmental Quality Act (CEQA) the City Council has reviewed the Environmental Impact Report (the "EIR") for the Project Area and has approved and certified the adequacy of said EIR for this Project Area. Further review will occur at the time of project entitlement. PASSED AND ADOPTED this 20th day of November , 1989 . Chairman ATTEST APPROVED AS TO FORM: Agency Clerk Agency Counsel !jki enc nsel REVIEWED AND APPROVED: INITIATED AND APPROVED: Executive Director Director of Community Development 6092 -3- Res. No. 6092 STATE OF CALIFORNIA 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 loth day Of November , 19 89 by the following vote: AYES: Councilmembers: MacAllister, Winchell, Green, Mks, Silva, Erskine NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Bannister city Clerk and ex-o is er of the.City Council of the City of Huntington Beach, California