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HomeMy WebLinkAboutCity Council - 6422 RESOLUTION NO. 6422 A RESOLUTION OF THE CITY OF HUNTINGTON BEACH APPROVING THE LEASING OF REAL PROPERTY AND FINANCING OF CONSTRUCTION OF PUBLIC IMPROVEMENTS PURSUANT TO A SECOND AMENDMENT TO OWNER PARTICIPATION AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND ABDELMUTI DEVELOPMENT COMPANY 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 Second Amended Participation Agreement (the "Agreement" ) with Abdelmuti Development Company, a California general partnership (the "Participant") , which Agreement provides for the acquisition and imposition of certain portions of the Project Area situated at the corner of Main Street and Pacific Coast Highway and the provision of a commercial and/or residential use building 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, - 1 -- detailed description of the provisions of the Agreement; and The Agreement provides for the development of a commercial and/or residential building 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 commercial and/or residential building, which improvements are enumerated in the Redevelopment Plan; and The City Council has reviewed the EIR for this project which was 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 July 18, 1983, and January 21, 1992 . NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows : Section 1 . The City Council finds and determines that EIR 82-2 and EIR 89-6, as previously certified and approved including the finding of overriding considerations by the City Council in its position as the lead agency, 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 2 6422 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 public improvements, as provided for in the Agreement, are of benefit to the project area and 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 City Council hereby approves the Agreement and all of its provisions, including without limitation, the attachments thereto and authorizes the Mayor and the City Administrator to execute all documents referenced in the Agreement and necessary to effectuate the provisions of the Agreement. PASSED AND ADOPTED this 31st day of August 1992. Mayor ATTFO: APPROVED AS TO FORM: City Clerk *'-v-City Attorney REVIEWED AND ROVED: INITIATED AND APPROVED: AN ac i f y Adminis ra or / Director of Economic Development 3 6422 Reso No. 6422 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 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 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 31st day of August 1992, by the following vote: AYES: Councilmembers : Robitaille, Moulton-Patterson, winchell. Silva, Green, MacAllister, Kelly NOES: Councilmembers : Ns7ne— _ ABSENT: Councilmembers: G�dt�G• City Clerk and ex-off io Clerk of the City Council of the City of Huntington Beach, California 4