Loading...
HomeMy WebLinkAboutCity Council - 6222 RESOLUTION NO. b222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE CONVEYANCE OF REAL PROPERTY PURSUANT TO A FIRST AMENDMENT TO 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 On November 20, 1989, the Agency approved a Disposition and Development Agreement (the "DDA") between the Agency and Philip and Roxanne Zisakis (the "Developer" ) , providing for the conveyance of certain property owned by the Agency within the Project Area in the City of Huntington Beach (the "Site" ) and providing for the development of the Site by Developer; and The Summary Report for the DDA, prepared pursuant to Section 33433 of the California Health and Safety Code and dated October 9, 1989, failed to accurately describe offsite improvements already installed adjacent to the Site and offsite improvements to be installed in conjunction with the Developer ' s development of the Site pursuant to the DDA; and As a result of the failure to accurately describe said offsite improvement expenditures, the purchase price for the Site was overstated; and - 1 - Said deficiency in the Summary Report and its effect on the purchase price was noted by the Developer at the hearing on November 20, 1989; and The Developer indicated at that hearing that he would seek to correct the deficiency and amend the purchase price in the DDA at a later date, without any assurance from the Agency that it would take action on his request; and A new Summary Report (the "Supplemental Summary Report" ) has been prepared by the Agency identifying a purchase price of Two Hundred and Fifty-two Thousand, Six Hundred Eighty-Six Dollars ($252, 686) as the correct purchase price (the "Purchase Price") for the Site, taking into account said offsite improvement expenditures; and The Supplemental Summary Report identifies the Purchase Price as representing the fair market value of the Site, assuming the provision of certain perpetual circulation easements, as identified in and as required by, the DDA; and Developer has executed and submitted to the Agency, and the Agency has approved, a First Amendment to the DDA (the "Amended DDA") and the Supplemental Summary Report as being in accordance with the purposes and objectives of State law, the Redevelopment Plan and the Redevelopment Project; and The Planning Commission has approved a development on the Site substantially less in size and with fewer parking spaces than provided in the DDA; and 2 - 6222 The Developer has agreed to forego any claims under the DDA resulting from the reduced scale of the development on the Site; and 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 the Amended DDA, following published notice as required by State law; and Th Agency and the City Council of the City ("City Council") have conducted a duly noticed joint public hearing regarding the proposed Amended DDA in accordance with California Health and Safety Code Sections 33431 and 33433 ; and The staff report pertaining to the Amended DDA, 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 Amended DDA; and I The Amended DDA 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; and Pursuant to the California Environmental Quality Act (CEQA) the City has reviewed the Environmental Impact Report (the "EIR") for the Project Area, and hereby determines that the impacts of the project are addressed in that EIR and 3 - 6222 that the project is, therefor, exempt from environmental review, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows : SECTION 1. The proposed project is exempt from environmental review. SECTION 2 . The City Council finds and determines, based upon the testimony and information presented during the public hearing with respect to the Amended DDA 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 Amended DDA. The City Council further finds that the provision of the Improvements as provided for in the Amended DDA is necessary to effectuate the purpose of the Redevelopment Plan applicable to the Project Area; that the cost of the Improvements 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 3 . The City Council hereby approves the Amended DDA 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 4 - 6222 the Amended DDA and necessary to effectuate the provisions of the Amended DDA. PASSED, APPROVED AND ADOPTED ON November 5, , 1990 . Mayor ATTEST: APPROVED AS TO FORM: &-V • ealpa-4� %F'IL- %AkfrTow City Clerk City Attorney 1e12410 Special Agency Counsel R VIEWED AND APPROVED: INITIATED AND APPROVED: C t Cu-e-sJ C ty Administrator Director of Economic Development 5 - 6222 Res,. No. 6222 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH ) I ; 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 5th day of November 1990 by the following vote: AYES: Councilmembers: MacAllister, Winchell , Green Mays, Silva,_ Erskine NOES: Councilmembers: None ABSENT: Councilmembers: Bannister i y er an ex-o icio er of the City Council of the City of Huntington Beach, California