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HomeMy WebLinkAbout97-010 - Sale of Five Agency-Owned Parcels and Construction of Five Replacement Housing Units'035 CITY COUNCIL OF THE CITY OF SANTA ANA RESOLUTION NO. 97-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE IMPLEMENTATION AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AND SOUTHLAND ECONOMIC DEVELOPMENT CORPORATION, DBA SANTA ANA DEVELOPMENT COMPANY, PERTAINING TO THE SALE OF FIVE AGENCY-OWNED PARCELS AND THE CONSTRUCTION THEREON OF FIVE REPLACEMENT HOUSING UNITS; AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, the City of Santa Ana has an obligation to provide replacement low and moderate income dwelling units in accordance with HUD Regulations (24 CFR §570.606) in the City of Santa Ana (the "Replacement Housing"); and WHEREAS, the HUD Regulations provide that Replacement Housing units may be provided by any government agency or private developer, and must meet the requirements set forth in 24 CFR. §570.606(c) (ii) (the "HUD Requirements"); and WHEREAS, Southland Economic Development Corporation, dba Santa Ana Development Company ("Developer") is a nonprofit corporation having experience and qualifications in acquiring, constructing and providing well-managed and affordable housing for low and moderate income persops and families in the community; and WHEREAS, pursuant to the Community Redevelopment Law (California Health and Safety Code Section 33334.2 et seq., referred to hereinafter as the "Redevelopment Law"), not less than 20% of the tax increment derived from redevelopment projects in the City of Santa Ana must be used to provide affordable housing for persons and families of low and moderate income in the city of Santa Ana (the "Housing Funds"); and WHEREAS, using a portion of its Housing Funds, the Agency has acquired five parcels of property in the City of Santa Ana, described as set forth in the legal description attached to this Resolution as Exhibit "A" (each one referred to as a "Parcel" and referred to collectively as the "Parcels") which are appropriate for the development of single-family housing which may be counted towards the City's Replacement Housing obligation; and -1- 038' WHEREAS, Developer has proposed to acquire the Parcels and construct Replacement Housing units on the Parcels, to be rented or sold to Lower Income households, at an affordable housing cost, and has requested the assistance of the Agency in financing the acquisition and development costs; and WHEREAS, the Agency has prepared a proposed Implementation Agreement (the "Agreement"), providing for a loan to Developer in the amount of not to exceed $910,000, subject to terms and conditions set forth in the Agreement; and WHEREAS, the Replacement Housing to be developed pursuant to the Agreement will comply with the applicable HUD Requirements; and WHEREAS, copies of the proposed Agreement in substantially final form have been presented to the Agency and this City Council; and WHEREAS, pursuant to the proposed Agreement, the five units to be constructed on the Parcels will be occupied by and restricted to lower income households, at affordable housing cost; and WHEREAS, the development of the Parcels pursuant to the Agreement is an activity that is categorically exempt from the California Environmental Quality Act (Class 3, CEQA Guidelines $ 15303); and WHEREAS, the Parcels are located in the City of Santa Ana, but outside any Redevelopment Project area, and, pursuant to the Redevelopment Law, in order to use Housing Funds to assist affordable housing outside a Redevelopment Project, the Agency and the City Council must find that the use of the Housing Funds will be of benefit the Redevelopment Projects; and WHEREAS, the City Council has duly considered all of the terms and conditions of the proposed Agreement, and believes that the proposed Agreement is in the best interests of 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 laws and requirements; and WHEREAS, the Agency and this City Council have held a joint public hearing on the proposed Project and the Agreement, after having duly provided notice of such public hearing in accordance with State law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: -2- 037 SECTION 1. The City Council recognizes that is has received and heard all oral and written objections to the proposed Agreement, to the proposed financing of the Project pursuant to the proposed Agreement, and to other matters pertaining to this transaction, and that all such oral and written objections are hereby overruled. SECTION 2. The City Council hereby finds and determines that the consideration to be paid by the Developer for the sale of the Parcels as described in the Agreement is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the Agreement. SECTION 3. The city Council hereby finds and determines that the sale of the property in accordance with the Agreement will provide housing for low or moderate income persons and is consistent with the Implementation Agreement approved by the Agency pursuant to California Health and Safety Code Section 33490. SECTION 4. The sale of the Parcels and the Agreement establishing the terms and conditions for the sale and development of the Parcels, including all attachments thereto, are herebF approved. SECTION 5. The City Council finds and determines that the use of the Housing Funds as authorized by this Resolution will be of benefit to the Redevelopment Projects. ATTEST: APPROVED and ADOPTED this Third day of February, 1997. 1 A. Pfilido, Mayor ouncil By: ~ ~v--~ /J0se~ W. Fletcher ttorney -3- 038 COUNCILHEMBERS: Pulido Absent Espinoza Aye Franklin Aye Lutz Aye McGuigan Aye }~oreno Abstained Richardson Aye CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange City of Santa Ana on Date: I, JANICE C. GUY, Clerk of the Conncil, do hereby certify the attached Resolution ~ 7- t~9/0 to be the original resolution adopted by the City Council of the /// / Clerk of the eou il -- City of Santa Ana O39 EXHIBIT "A" LEGAL DESCRIPTION Property East of and Adjacent to 1629 East 6th Street: That real property in the City of Santa Aha, County of Orange, State of California, described as: That portion of Lot 34 of Tract No. 1790, as shown on a map filed in Book 60, page 9 of Miscellaneous Maps, in the office of the County Recorder of said County, together with that portion of that certain parcel of land acquired by the State of California by deed recorded August 28, 1990 as Document No. 90-457453 of Official Records, in said office. 4501 Sunswept Avenue (APN 100-421-01): That real property in the city of Santa Ana, County of Orange, State of California, described as: Lot 53 of Tract No. 2463, as per map recorded in Book 72, Pages 4~ and 47 of Miscellaneous Maps, in the office of the County Recorder of said County. 4501 West Flight Avenue (APN 108-351-017): That real property in the City of Santa Ana, County of Orange, State of California, described as: Lot 90 of Tract No. 2969, as shown on a map recorded in Book 84, Pages 39 and 40 of Miscellaneous Maps, in the office of the County Recorder of said County. 2309 Monica Lane (APN 399-131-07): That real property in the city of Santa Ana, County of Orange, State of California, described as: Lot 21 of Tract No. 1425, as per map thereof in Book 79, Pages 26 and 27 of Maps, in the office of the County Recorder of said County. 814 North Garfield (APN 398-042-09): Ail that certain land situated in the State of California, County of Orange, city of Santa Ana, described as: Lots 22 and 23 in Block 74 of the Town of Santa Ana East, as per map recorded in Book 10, Pages 43 and 44 of Miscellaneous Records, in the office of the County Recorder of said County. 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