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HomeMy WebLinkAbout1997-02 CRA . . . COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA RESOLUTION NO. 97-2 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE MEMORANDUM OF UNDERSTANDING AND PREDEVELOPMENT LOAN AGREEMENT BETWEEN THE AGENCY AND SOUTHLAND ECONOMIC DEVELOPMENT CORPORATION, dba SANTA ANA DEVELOPMENT COMPANY, PERTAINING TO THE IMPLEMENTATION OF A REPLACEMENT HOUSING PROGRAM AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE, ON BEHALF OF THE AGENCY, THE MOU AND RELATED DOCUMENTS. THE COMMUNITY REDEVELOPMENT AGENCY 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 privatè 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 persons and families in the community; and WHEREAS, pursuant to the Community Redevelopment Law (California Health and Safety Code section 33334.2 et ~., 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, pursuant to the Redevelopment Law, a portion of the Housing Funds may be used to pay the planning and general administrative costs of nonprofit corporations which provide affordable housing in the community; and WHEREAS, using a portion of its Housing Funds, the Agency has acquired, and is in the process of acquiring, parcels of property -1- . . . in the City of Santa Ana (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 WHEREAS, Developer and Agency wish to cooperate in a program which will result in the development of Replacement Housing units on the Parcels (the "Replacement Housing Program"); and WHEREAS, the Agency has prepared a proposed Memorandum of Understanding and Predevelopment Loan Agreement (the "MOU"), providing for a process by which the Agency and Developer will negotiate one or more agreements (the "Implementation Agreements") relating to the financing, acquisition, construction, rental and/or sale of Replacement Housing units on the Parcels, which Agreements will comply with the applicable HUD Regulations relating to Replacement Housing, and which will be subject to the approval of the Agency Board and city council following publication of notice and a public hearing; and WHEREAS, the MOU further provides that to facilitate the negotiation of Implementation Agreements, the Agency Executive Director shall be authorized to make predevelopment loans to Developer for the preparation of plans and other predevelopment activities necessary for the construction of Replacement Housin~ units; and WHEREAS, copies of the proposed MOU in substantially final form have been presented to this Agency; and WHEREAS, the negotiation of Implementation Agreements and preparation of plans pursuant to the MOU are activities that are statutorily exempt from the California Environmental Quality Act (CEQA Guidelines § 15262); and WHEREAS, the Agency has duly considered all of the terms and conditions of the proposed MOU, and believes that the proposed MOU 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. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the city of Santa Ana as follows: SECTION 1. The Agency recognizes that is has received and heard all oral and written objections to the proposed MOU and to other matters pertaining to this transaction, and that all such oral and written objections are hereby overruled. -2- . . . SECTION 2. The Agency hereby approves the MOU. SECTION 3. The Executive Director of the Agency or her designee is hereby authorized, on behalf of the Agency, to execute the MOU, and to make such changes of a nonsubstantive nature as the Executive Director or designee shall deem appropriate. A copy of the MOU, when executed, shall be placed on file in the office of the Clerk of the Agency. SECTION 4. The Executive Director of the Agency or her designee is hereby authorized, on behalf of the Agency, to sign all documents necessary and appropriate to carry out and implement the MOU and to administer the Agency's obligations, responsibilities and duties to be performed under the MOU. SECTION 5. The Executive Director of the Agency or her designee is hereby authorized, on behalf of the Agency, to disburse predevelopment loans to the Developer, pursuant to the terms and conditions set forth in the MOU, in the maximum amount of $50,000 per Project, not to exceed $100,000 in the aggregate. SECTION 6. The Agency finds and determines that the use of the Housing Funds as authorized by this Resolution will be of benefit to the Redevelopment Projects. - APPROVED and ADOPTED this Third day of February, 1997. ATTEST: CY~ ~~ Executive Director ~ MEMBERS: Espinoza, Franklin, Lutz, McGuigan, Richardson (Moreno abstained) AYES: NOES: MEMBERS: ABSENT: Pulido MEMBERS: -3-