HomeMy WebLinkAbout2011-039 - Agency Owned Property Located at 335 East McFadden AvenueRESOLUTION NO. 2011-039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE SALE OF AGENCY OWNED
PROPERTY LOCATED AT 335 EAST McFADDEN AVENUE;
AUTHORIZING THE CITY MANAGER 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:
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 sue.) 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 purchased the property located at
335 E. McFadden Avenue for residential development (the "Property").
C. 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.
D. 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 (hereinafter referred to as the "Agreement"). The City will be utilizing District 3
Acquisition and Development Funds to purchase the Property.
E. The City has duly considered all of the terms and conditions of the proposed purchase,
and believes that the proposed purchase 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.
F. The City and Agency held a public hearing on the proposed sale/purchase 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.
Resolution No. 2011-039
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G. In accordance with the California Environmental Quality Act (CEQA), this project is exempt
from further review. A Categorical Exemption (ER-2011-47) has been filed for this project
-finding that it is exempt pursuant to California Code of Regulations, Title 14, Division 6,
Chapter 3, Section 15332(d) and (3). This action results in a transfer of title only, and 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.
H. The City hereby finds that the purchase of the Property will assist in the elimination of blight
and is consistent with the adopted implementation plan.
I. The City hereby finds and determines that the information set forth herein is true and
correct.
J .The City hereby approves the purchase of the Property.
Section 2. The City Manager or his/her designee is hereby authorized, on behalf of the City,
to execute such documents that are to be signed by the City in connection with the purchase, and
to make such changes of anon-substantive nature to such documents as the City Manager shall
deem appropriate. A copy of any such documents, when executed, shall be placed on file in the
office of the Clerk of the Council.
Section 3. The City Manager or his/her designee is hereby authorized, on behalf of the City,
to sign all documents necessary and appropriate to carry out and implement the purchase and to
administer the City's obligations, responsibilities and duties to be performed.
Section 4. Proceeds of the sale of said Property to the City shall be deposited into the
Agency's Merged Low and Moderate Income Housing Fund.
Section 5. The Clerk of the Council shall attest to and certify the vote adopting this
Resolution.
Resolution No. 20'1'1-039
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ADOPTED this 20th day of June 2011 .
APPROVED AS TO FORM:
Joseph Straka, Interim City Attorney
By: ?? .. L° - -
Lisa E_ Storck
Assistant City Attorney
YES: Councilmembers
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
' uel A. Pulido
ayor
Alvarez. Benavides. Bustamante. Martinez. Pulido
Tinaiero. Sarmiento (7)
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No.
201 1-039 to be the original resolution adopted by the City Council of the City of Santa Ana on June
20, 201 1 .
Date: ? ??-?3?.?E%!/ ???'?-? /? . f7??i? ? .?
Clerk of Council
City of Santa Ana
Resolution No. 2011-039
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