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HomeMy WebLinkAbout2003-073 - Approving the Transfer of Agency Owned Property Located at 322 E. AdamsRESOLUTION ~O. 2003-073 LS 8/26~03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA A NAA PPROVING T HE TRANSFER O F AGENCY OWNED PROPERTY LOCATED AT 322 E. ADAMS TO HABITAT FOR HUMANITY OF ORANGE COUNTY; ASSISTING HABITAT FOR HUMANITY WITH THE PURCHASE OF THE PROPERTY LOCATED AT 641 E. ADAMS; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE DOCUMENTS AS NECESSARY; AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO, ON BEHALF OF THE CITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: The City Council of the City of Santa Ana has heretofore adopted the Redevelopment Plan for the Santa Ana South Main Street Redevelopment Project on July 6, 1982 by Ordinance NS1639, as amended (the "Redevelopment Project"). Pursuant to Sections 33334.2(a) and 33334.6(c) of the California Community Redevelopment Law (California Health and Safety Code Section 33000 et seq.) not less than 20 percent of all taxes which are allocated to the Community Redevelopment Agency of the City of Santa Ana ("Agency") are set aside by the Agency in a Low- Moderate-Income Housing Fund (the "Housing Funds") and used by the Agency for the purpose of increasing, improving and preserving the community's supply of Iow and moderate housing available at affordable housing costs to persons and families of Iow- and moderate-income, including very-low-income persons. C. Pursuant to Section 33334.2(e) of the Community Redevelopment Law, the Agency may exercise any and all of its powers to carry out this purpose. Pursuant to Section 33334.6(a) of the Community Redevelopment Law, the California State Legislature has found and declared that the provision of affordable housing outside of redevelopment project areas can be of direct benefit to those projects in assisting the accomplishment of project objectives. Pursuant to Section 33334.2(g) of the Community Redevelopment Law, Housing Funds may be used to assist in the provision of housing for Iow- or moderate-income households outside the Redevelopment Project area if such Resolution No. 2003-073 Page 1 of 4 use will be of benefit to the Redevelopment Project, and the Legislature has further found and declared that the provision of replacement housing pursuant to Section 33413 is always of benefit to a project. The Agency has used Housing Funds to purchase certain real property located at 322 E. Adams and to assist Habitat for Humanity, a non-profit corporation ("Habitat"), with the purchase of 641 E. Adams (the "Properties"), both of which are located outside the Redevelopment Project area collectively. Habitat possesses the qualifications and financial resources necessary to acquire and insure development of the Properties as two single-family homes on 322 E. Adams, and one single-family home on 641 E. Adams, to be sold to qualified very-low income families in accordance with the purpose and objectives of the Redevelopment Plan. The Agency proposes to sell the Properties to Habitat, subject to the approval of this Council, at the appraised fair market value of the Properties as they currently exist as vacant lots. The sale/financing of the Properties shall be based on the terms and conditions of that certain Affordable Housing Partnership Agreement (one for each parcel of land). Said Agreement shall be entered between the Agency and Habitat, and shall include all of the provisions, terms, conditions and obligations required by state and local laws, as well as long-term affordability covenants benefiting the Agency. The City and Agency held a public hearing on the proposed Project and the Agreement as required for a small housing project by Section 33433(c) of the Community Redevelopment Law, after having duly provided notice of such public hearing in accordance with state law. The proposed sale of the Properties is exempt from further review and in accordance with the Califomia Environmental Quality Act, categorical exemption ER No. 03- 171 will be filed for 322 E. Adams, and categorical exemption ER No. O3-180 will be filed for 641 E. Adams. The City recognizes that it has received and heard all oral and written objections to the proposed sale, and to other matters pertaining to this transactions, and that all such oral and written objections are hereby overruled. Mo The City hereby finds and determines that the sale of the Properties will provide housing for very Iow- or Iow-income 3ersons. The City hereby approves the transfer sale and development of the Properties. Resolution No. 2003-073 Page 2 of 4 Section 2. The City Council has duly considered all of the terms and conditions of the proposed sale, and believes that the proposed sale is in the best interests of the City and the health, safety, morals and welfare of its residents, and in accord with the public purpose and provisions of applicable state and local laws and requirements; and Section 3. The City Council hereby finds and determines that the consideration for the sale of the Properties pursuant to the terms a nd conditions of the Affordable Housing Partnership Agreement is not less than the fair market value of the Properties. Section 4. The sale of the Properties by the Agency to Habitat upon the terms and conditions contained in the Affordable Housing Partnership Agreement is hereby approved. Section 5. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 2nd day of September, 2003. APPROVED AS TO FORM: Joseph W, Fletcher, City Attorney Lisa E. Storck Assistant City Attorney AYES: NOES: ABSTAIN: Councilmembers: Councilmembers: Councilmembers: NOT PRESENT: Councilmembers: Alvarez, Bist, Franklin, Garcia, Pulido, Solorio (6) None (0) None (0) Christy (1) Resolution No. 2003-073 Page 3 of 4 CERTIFICATION Of ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2003-073 to be the original resolution adopted by the City Council of the City of Santa Ana on September 2, 2003. Date: Resolution No. 2003-073 Page 4 of 4