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HomeMy WebLinkAboutCity Council - 2011-35 CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RESOLUTION NO. 2011-35 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 PROPOSED FIFTH IMPLEMENTATION AGREEMENT TO AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, THE CITY OF HUNTINGTON BEACH, AND MAYER FINANCIAL, L.P. INCLUDING AN ATTACHED FORM OF LEASE BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND THE WATERFRONT HOTEL, 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 Area of Huntington Beach("Merged Project Area"); and WHEREAS, Agency and Mayer Financial, L.P., a California limited partnership ("Developer") are parties to that certain Amended and Restated Disposition and Development Agreement dated as of September 14, 1998(the"Original Agreement"), as amended by that certain First Implementation Agreement to Amended and Restated Disposition and Development Agreement dated as of May 15, 2000 (the "First Implementation Agreement"), that certain Second Implementation Agreement to Amended and Restated Disposition and Development Agreement.dated as of February 5,2001 (the"Second Implementation Agreement"),that certain Third Implementation Agreement to Amended and Restated Disposition and Development Agreement dated as of October 20, 2008 (the "Third Implementation Agreement"), and that certain Fourth Implementation Agreement to Amended and Restated Disposition and Development Agreement dated as of October 18, 2010 (the "Fourth Implementation Agreement") (the Original Agreement, the First Implementation Agreement, the Second Implementation Agreement, the Third Implementation Agreement, and the Fourth Implementation Agreement may hereinafter be referred to together as the "Existing Agreement'). The Existing Agreement provides for the phased disposition of the"Site" described therein and the development and operation by Developer on the Site of certain hotel, residential, and related improvements; and WHEREAS,Agency,the City of Huntington Beach, and Developer now propose to enter into a Fifth Implementation Agreement to the Existing Agreement("Agreement')including an attached 63562 Page 1 of 4 Resolution No. 2011-35 form of lease by and between the Agency and the Waterfront Hotel, LLC. The real property to be leased pursuant to the form of lease attached to the Agreement ("Property") is within the Merged Project Area; and WHEREAS, pursuant to the California Community Redevelopment Law(California Health and Safety Code Section 33000 et seq.)("CRL"),the Agency and the City Council held a joint public hearing on the Agreement(including the form of lease attached thereto),having duly published notice of such public hearing and having made copies of the Agreement and the summary referred to in CRL Section 33433 ("33433 Report") available for public inspection and copying; and WHEREAS,the following Environmental Impact Reports and Addenda have previously been prepared and certified (as applicable) (collectively, the "Environmental Documents"): a Final Environmental Impact Report for the Project Area;the Final Environmental Impact Report 82-2 for the Downtown Specific Plan, which was supplemented by a Supplemental Environmental Impact Report (SEIR 82-2) and addended by an Addendum to SEIR 82-2 prepared in 1998; the Final Environmental Impact Report 89-6 and the Addendum with a Statement of Overriding Considerations for the Main-Pier Phase Two Project Area;the Final Environmental Impact Report No. 94-1 for the City of Huntington Beach General Plan; the Final Environmental Impact Report No. 96-2 for the merger of Redevelopment Plans/Projects within the City of Huntington Beach;Pacific City EIR No. 02-01; the Newland Street Residential Project EIR No. 2005-01, and the Beach and Edinger Corridors Specific Plan EIR No. 08-008. Neither the Agreement nor the lease change in any way the development or land use controls of the project, including without limitation the height, density or intensity of the project. The proposed Agreement and lease of the Property are included within the scope of the Environmental Documents in that all of the potential environmental impacts of the proposed Agreement and lease of the Property are addressed in the Environmental Documents and, therefore, no further environmental review or documents are required in connection with the proposed Agreement and lease of the Property; and WHEREAS, 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,the Agency 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; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Huntington Beach, California, as follows: 1. The City Council hereby finds and determines that all recitals set forth in this Resolution are true and correct. 63562 Page 2 of 4 Resolution No. 2011-35 2. The City Council has received and heard all oral and written objections to the proposed Agreement(including the form of lease attached thereto)and to this transaction, and all such oral and written objections are hereby overruled. 3. The City Council hereby finds and determines that the consideration to be received for the lease of the Property is not less than the fair market value at its highest and best use in accordance with the Redevelopment Plan, based on, among other reasons, the information contained in the 33433 Report. 4. The City Council hereby finds and determines that the lease of the Property will assist in the elimination of blight,based on, among other reasons,the information contained in the 33433 Report. 5. The City Council hereby finds and determines that the lease of the Property is consistent with the implementation plan adopted pursuant to CRL Section 33490, based on, among other reasons, the information contained in the 33433 Report. 6. The proposed Agreement(including the form of lease attached thereto)is hereby approved in substantially the form presented at this meeting,with such minor non-substantive changes as may be approved by the City Manager with the approval as to form by the City Attorney. 7. The Mayor and the City Manager are each hereby authorized to execute the Agreement (including.the form of lease attached thereto)on behalf of the City. A copy of the Agreement when executed by the City shall be placed on file in the office of the City Clerk as Document No. Resolution No. 2011-35. 63562 Page 3 of 4 Resolution No. 2011-35 8. The City Manager(or his or her designee)is hereby authorized, on behalf of the City,to sign all documents necessary and appropriate to carry out and implement the Agreement(including executing the form of lease attached thereto), and to administer the City's obligations, responsibilities and duties to be performed thereunder. Approved and adopted this J6tday of May 2011. 0 � P May a ATTEST: APPROVED AS TO FORM: • y Clerk Ci y Attorn y 63562 Page 4 of 4 Res. No. 2011-35 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN 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 May 16, 2011 by the following vote: AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer NOES: Boardman ABSENT: None ABSTAIN: None Cit Jerk and ex-officio Ork of the City Council of the City of Huntington Beach, California