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HomeMy WebLinkAboutCity Council - 6311 RESOLUTION NO. 6311 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND ROBERT L. MAYER, AS TRUSTEE OF THE ROBERT L. MAYER TRUST OF 1982 WHEREAS, the Redevelopment Agency of the City of Huntington Beach (the "Agency") is engaged in activities necessary to carry out and implement the Redevelopment Plan for the Main Pier Redevelopment Project (the "Project Area") . In order to carry out and implement such Redevelopment Plan the Agency has previously entered into a 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") for the development of certain property in the project Area (the "Site" ) , all as described in the Agreement. The parties wish to amend the terms of the Agreement by authorizing the assignment of Developer ' s right to certain funds, and deleting the Agency' s obligations to make certain payments to Developer pursuant to a Second Amendment to Disposition and Development Agreement (the "Amendment") . The Developer has submitted to the Agency and the City Council of the City of Huntington Beach copies of said proposed Amendment in a form executed by the Developer. The Agency and the City Council of the City of Huntington Beach (the "City Council") have conducted a duly noticed joint public hearing regarding the proposed Amendment in accordance with California Health and Safety Code Sections 33431 and 33433 . The 33433 report pertaining to the Amendment has been on display prior to the joint public hearing in accordance with Section 33433 of the California Health and Safety Code. The City Council has duly considered all terms and conditions of the proposed Amendment and believes that the execution of the Amendment is in the best interests of the City of Huntington Beach and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements . 333 : 7/23/92 :ADL -1- The City Council has received and considered the report of Agency staff on the proposed Amendment, and as a result of said consideration and evidence presented at the hearing on the same matter, the City Council has determined that, pursuant to Section 15061(b) (3) of the State of California Environmental Quality Act ( "CEQA") Guidelines, there is no possibility that the execution of the Amendment by and of itself will cause a significant effect on the environment because the Amendment will not cause environmental circumstances and conditions of the Site to be changed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach, as follows : Section 1. The City Council hereby concurs in the Agency' s finding and determination that approval and execution of the Amendment is exempt from CEQA pursuant to Section 15061(b) (3) of the State CEQA Guidelines . Section 2 . The City Council recognizes that it has received and heard all oral and written objections to the proposed Amendment and to any other matters pertaining thereto, and that all such oral and written objections are hereby overruled. Section 3 . The City Council hereby approves the Amendment. C UNTINGTO BEACH By - �o r .ATTEST: City Clerk APPROVED AS TO FORM: INITIATED AND APPROVED AS TO CONTENT: Agency Special Counsel Deputy City Administrator/ Director of Economic Development REVIEWED AND APPROVED APPROVED: AS TO FORM: City Attorney Cil Imilhistrator 1-001 (t-I Orr . 333 :7/23/92 :ADL -1- 6311 Res. No, 6311 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 5th day of LL%at 19 91 by the following vote: AYES: Councilmembers: MCal 1 i sfer, Rj jya. Kelly, Rnbi ai 1 1e NOES: Councilmembers: done ABSENT: Councilmembers: Winrhel l , C1ZQ n. Mo ultnn-PattArsCW City Clerk and ex-ofricio4zlerk of the City Council of the City of Huntington Beach, California