HomeMy WebLinkAboutCity Council - 2002-107 RESOLUTION NO. Z002-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, APPROVING AND
MAKING CERTAIN FINDINGS PURSUANT TO HEALTH
AND SAFETY CODE SECTION 33433 FOR A THIRD
IMPLEMENTATION AGREEMENT TO THE DISPOSITION
AND DEVELOPMENT AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH AND CIM/HUNTINGTON, LLC
WHEREAS, the Redevelopment Agency of the City of Huntington Beach ("Agency") is
engaged in activities necessary to execute and implement the redevelopment plan("Redevelopment
Plan")for the Merged Redevelopment Project Areas of Huntington Beach(collectively the"Merged
Project Area"); and
The Agency proposes to enter into a Third Implementation Agreement ("Implementation
Agreement") with CIM/Huntington, LLC ("Developer") which supplements, modifies or
incorporates by reference the terms of that certain Disposition and Development Agreement by and
between Agency and Developer,dated as of June 17, 1999(the"DDA"),as previously supplemented
by that certain First Implementation Agreement dated as of April 6, 2000 and that certain Second
Implementation Agreement dated as of March 5,2001 (the DDA as amended, and the First, Second
and Third Implementation Agreements shall be collectively referred to herein as the"Agreement");
and
Pursuant to the Agreement, the Agency proposes to transfer to Developer that certain real
property within the boundaries of the Merged Project Area set forth with particularity in the
Agreement (the "Property"); and
Pursuant to the California Community Redevelopment Law (California Health and Safety
Code, Section 33000 et seq.) the Agency and the City Council held a joint public hearing on the
Agreement, having duly published notice of such public hearing and having made copies of the
proposed Agreement and other reports and documents(including the summary referred to in Section
33433) available for public inspection and copying; and
The City Council has duly considered all terms and conditions of the proposed transaction,
and believes that it is in the best interests of the Merged Project Area and the City and the health,
safety,morals and welfare of its residents, and in accord with the public purposes and provisions of
applicable State and local law and requirements;
NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Huntington
Beach, California, as follows:
Section 1. All recitals set forth in this resolution are true and correct.
1
CAFIELM2002 RESOLUTIOMCOUNCIL 33433 RESOL.DOC
Res. No. 2002-107
Section 2. The consideration to be received by the Agency for the transfer of the Property
is not less than the fair reuse value and fair market price of the Property determined at the use and
with the conditions, covenants, and development costs required by the Agreement.
Section 3. The transfer of the Property to the Developer pursuant to the Agreement will
assist in the elimination of blight in the Merged Project Area.
Section 4. The City Council hereby finds and determines that the transfer of the Property
pursuant to the Agreement is consistent with the implementation plan adopted pursuant to Section
33490 of the Health and Safety Code.
Section 5. The City Council hereby consents to the Agency's use of its authority under
Health and Safety Code Section 33421 in carrying out the provisions of the Agreement and finds and
determines that such use by the Agency of its authority under Section 33421 is necessary to
effectuate the purposes of the Redevelopment Plan.
Section b. The proposed Agreement is hereby approved in substantially the form
presented at this meeting,with such minor changes as may be approved by the Executive Director of
the Agency with the approval as to form by the Agency General Counsel.
Section 7. The City Council hereby authorizes the City Clerk to deliver a copy of this
Resolution to the Executive Director and members of the Agency. A copy of the Agreement when
executed by the Agency shall be placed on file in the office of the City Clerk.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 71st day of October , 2002•
Mayor
ATTEST: APPROVED AS TO FORM:
4;gWi
City Clerk City Attorney /
tf /0—I1-6)2--
REVIEWED AND APPROVED: INITIAT D AND APPROVED:
City AdnIffistrator Director of Economic rfevelopment
2
GAFIELD12002 RESOLUTIONICOUNCIL 33433 RESOL.DOC
Res. No. 2002-107
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 an regular meeting thereof held on the 219,
day of October, 2002 by the following vote:
AYES: Green, Dettloff, Houchen, Winchell, Bauer
NOES: Boardman, Cook
ABSENT: Houchen ���-� �•
ABSTAIN: None
IT
011
City Clerk and ex-officio C rk of the
City Council of the City of
Huntington Beach, California