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HomeMy WebLinkAbout2010-006 CRA12/9/10 LES RESOLUTION NO. 2010-006 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY FOR THE CITY OF SANTA ANA APPROVING THE SALE OF AGENCY OWNED PROPERTY LOCATED AT 602 N. GARFIELD AVENUE, 809-811 BROWN STREET AND 902 BROWN STREET; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE DOCUMENTS AS NECESSARY; AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO, ON BEHALF OF THE AGENCY BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Board of the Community Redevelopment Agency of the City of Santa Ana hereby finds, determines, and declares as follows: A. Pursuant to Sections 33334.2(a) and 33334.6(c) of the California Community Redevelopment Law (California Health and Safety Code Section 33000 et sec..) 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 and used by the Agency for the purpose of increasing, improving and preserving the community's supply of low and moderate housing available at affordable housing costs to persons and families of low- and moderate-income, including very-low- income persons. B. During the course of its regular activities, the Agency has purchased a number of properties for residential development in what is now known as the Station District, including the vacant properties located at 602 N. Garfield Avenue, 809-811 Brown Street, and 902 Brown Street (the "Properties"). The Properties are situated adjacent to Garfield Elementary School. C. During community outreach efforts, it was determined that the Properties were better suited for open space/public uses to serve the neighborhood, with final design yet to be determined (the "Project"). D. California Community Redevelopment law (Health and Safety Code section 33433) requires that before any Agency owned property, acquired in whole or in part with tax increment moneys, is sold for development, the sale must first be approved by the legislative body by resolution after a public hearing. E. The Agency proposes to sell the Property to the City of Santa Ana at the current appraised fair market value, pursuant to the terms and provisions of Purchase/Sale Agreement(s) (hereinafter referred to as the "Agreements"). The City will be utilizing Community Development Block Grant (CDBG) funds to purchase the Properties. Resolution No. CRA 2010-006 Page 1 of 3 F. Grant funds under the CDBG program must be used for eligible activities, per Title 24 CFR 570.201, in which the end use meets a U.S. Department of Housing and Urban Development national objective, per Title 24 CFR 570.208. The City has made the determination that the use of CDBG funds under this resolution has met these requirements. G. The Agency 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. H. The Agency and City held a public hearing on the proposed Project and the Agreements as required by Section 33433 of the Community Redevelopment Law, after having duly provided notice of such public hearing in accordance with state law. 1. In accordance with the National Environmental Policy Act (NEPA), a Categorical Exclusion and Statutory Worksheet has been prepared due to the application of federal funds by the City for the purchase price. J. In accordance with the California Environmental Quality Act (CEQA), this project is exempt from further review. A Categorical Exemption has been filed for this project finding that it is exempt pursuant to California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15303, 15305 and 15332. This action results in minor alterations in land use limitations which do not result in any changes in land use or density, is consistent with the applicable general plan and zoning designation, is adequately served by public services, and because there is a transfer of title only, will not result in any significant effects relating to traffic, noise, air quality, or water quality. Any future development will be limited to construction of small structures or facilities such as public parking and recreation/playground improvements. K. The Agency hereby finds that the sale of the Properties will assist in the elimination of blight and is consistent with the adopted implementation plan. L. The Agency hereby finds and determines that the information set forth herein is true and correct. M . The Agency hereby approves the sale of the Properties to the City. Section 2. The Executive Director or her/his designee is hereby authorized, on behalf of the Agency, to execute such documents that are to be signed by the Agency in connection with the sale, and to make such changes of a non-substantive nature to such documents as the Executive Director shall deem appropriate. Section 3. The Executive Director is hereby authorized, on behalf of the Agency, to sign all documents necessary and appropriate to carry out and implement the sale and to administer the Agency's obligations, responsibilities and duties to be performed. Section 4. Proceeds of the sale of said Properties to the City shall be deposited into the Agency's Low-Moderate Income Housing Fund. Resolution No. CRA 2010-006 Page 2 of 3 Section 5. The Secretary for the Agency shall attest to and certify the vote adopting this Resolution. ADOPTED this 20th day of December 2010. APP AS TO FORM: 'letcher, Agency General Counsel ,/'1 P By: Lis . for A istant Counsel AYES: Boardmembers NOES ABSTAIN Boardmembers Boardmembers NOT PRESENT: Boardmembers Alvarez, Benavides, Bustamante, Martinez Tinajero Pulido (6) None (0) None (0) Sarmiento (1) CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Secretary of the Community Redevelopment Agency, do hereby attest to and certify the attached Resolution No. CRA 2010-006 to be the original resolution adopted by the Community Redevelopment Agency of the City of Santa Ana on December 20, 2010. Date: Secretary, Community R evelopment Agency City of Santa Ana Resolution No. CRA 2010-006 Page 3 of 3