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HomeMy WebLinkAbout2006-74 - Passive Park Santa Ana HeightsRESOLUTION NO. 2006 -74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA MAKING FINDINGS UNDER HEALTH AND SAFETY CODE SECTION 33445 RELATING TO THE CONVEYANCE OF PUBLIC PROPERTY TO THE CITY OF NEWPORT BEACH SO THAT THE CITY OF NEWPORT BEACH MAY DEVELOP THE PROPERTY TO BE USED AS A PASSIVE PUBLIC PARK WHEREAS: A. The Board of Supervisors (the "Board ") of the County of Orange (the "County ") has adopted the Redevelopment Plan for the Santa Ana Heights Project Area, as amended (the 'Redevelopment Plan "). The Orange County Development Agency (the "Agency ") is vested with responsibility pursuant to the Community Redevelopment Law (Part 1 of Division 24 of Health and Safety Code of the State of California) (the "Law ") to implement the Redevelopment Plan in the Project Area. C. The Santa Ana Heights Project Area is in need of public open space to provide the Project Area with community recreational activities. D. The City of Newport Beach (the "City ") seeks to acquire land for and to construct a Passive Public Park (the "Park ") to provide public open space and community recreational activities to the Santa Ana Heights Project Area and other areas in the City and in the unincorporated area of the County. The Agency is willing to convey land (the "Property ") to the City for the Park at no cost to the City. E. The land acquisition, new construction and improvement conform to the General Plans of the City and the County. F. The Park will address the goals and objectives of the Redevelopment Plan for the Project Area by alleviating blighting conditions, improving public safety, increasing the availability of public space and providing recreational opportunities to those who live or work in the Project Area. G. The Park is consistent with and will promote the Agency's Implementation Plan. H. A staff report (the "Staff Report;' incorporated herein by reference), which sets forth facts supporting the findings made in this resolution pursuant to Section 33445 of the Health and Safety Code, has been prepared to accompany this resolution. Pursuant to Health and Safety Code Section 33445, the Agency may, with the consent of City and the Board of Supervisors, convey to the City the Property for the development of the Park, if the City and Board of Supervisors make certain specified findings. NOW, THEREFORE BE IT RESOLVED that the City does hereby find and resolve: That all of the above recitals are true and correct and the City has based the findings and actions set forth in this Resolution, in part of such recitals. 2. That the City hereby finds and determines that: (a) the Park will be of benefit to the Project Area; (b) no other reasonable method of financing the conveyance of the Property for the development of the Park is available to the community; (c) the Park will assist in the elimination of one or more blighting conditions inside the Project Area; and (d) the Agency's conveyance of the Property for the development of the Park is consistent with the Agency's current Implementation Plan. The factual and analytical basis used by the City in making these findings and determinations is set forth in the Staff Report, and materials regarding the Park provided to the City. 3. The City hereby authorizes the Mayor or his designee to execute the Property Conveyance Agreement on behalf of the City subject to such minor changes as shall be approved by the City Manager and City Attorney, and further authorizes the Mayor or his designee to accept on behalf of the City the conveyance of the property for the Park. 4. That this Resolution will take effect immediately upon adoption. ADOPTED this 25`" day of July, 2006. ATTEST: City Clerk ( ) )i Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2006 -74 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 25th day of July 2006, and that the same was so passed and adopted by the following vote, to wit: Ayes: Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affied the official seal of said City this 26th day of July 2006. (Seal) City Clerk Newport Beach, California