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HomeMy WebLinkAbout2016-003 HARESOLUTION NO. 2016 -003 A RESOLUTION OF THE SANTA ANA HOUSING AUTHORITY APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO OUR LADY OF GUADALUPE CHURCH (DELHI) LOCATED AT 542 EAST CENTRAL AVENUE BE IT RESOLVED BY THE GOVERNING BOARD OF THE SANTA ANA HOUSING AUTHORITY AS FOLLOWS: Section 1: The Governing Board of the Santa Ana Housing Authority hereby finds, determines and declares as follows: A. California Health and Safety Code Sections 33334.2 and 33334.6 formerly authorized and directed the Santa Ana Redevelopment Agency (the "Redevelopment Agency ") to expend a certain percentage of all taxes which are allocated to the Redevelopment Agency pursuant to Section 33670 of the California Health and Safety Code for the purposes of increasing, improving and preserving the community's supply of low and moderate income housing available at affordable housing cost to persons and families of low- and moderate - income, lower income, and very low income. B. Pursuant to applicable law the Redevelopment Agency established a Low and Moderate Income Housing Fund (the "Housing Fund ") and acquired certain property with the purpose of using such property for the provision of affordable housing. C. By ABx1 26 enacted by the California Legislature during 2011 (as amended from time to time, the "Dissolution Act "), the California Legislative eliminated every redevelopment agency within the State of California, including the Redevelopment Agency. D. The Dissolution Act provides, in part, that the host city of a redevelopment agency was to designate a housing entity to receive the housing assets of the former redevelopment agency within such city. E. The City Council of the City of Santa Ana ( "City ") designated the Santa Ana Housing Authority (the "Authority ") as the housing entity to receive the housing assets of the former Redevelopment Agency. F. The Redevelopment Agency utilized moneys from its Housing Fund in connection with the acquisition of the property located at 542 East Central Avenue, consisting of approximately .24 acres, APN 016 -082- 48 (the "Property "). Resolution No. 2016 -003 Page 1 of 5 G. Pursuant to the Dissolution Act, the Authority prepared and the California Department of Finance approved a Housing Asset Transfer Form, which listed the housing assets of the Redevelopment Agency eligible and required to be transferred to the Authority. The Property was included on the approved Housing Asset Transfer Form. H. The Property is not suitable for use by the Authority. However, the proceeds of the sale will be used directly to assist housing projects pursuant to Health and Safety Code Section 34312.3(b). I. The Authority is authorized to transfer the Property to Our Lady of Guadalupe Church (Delhi) (the "Buyer ") pursuant to Health and Safety Code Section 34312.3(b). J. The sale of the property will assist in the elimination of blight by assisting a local neighborhood church to accommodate its growing population and will assist in the development and reconstruction of community facility improvements, and is consistent with the implementation plan adopted pursuant to Health and Safety Code Section 33490. Additionally, the consideration is not less than the fair market value at its highest and best use in accordance with the plan. K. The Buyer and the Authority have reviewed the fair market value of the Property, and have concluded that the value of such Property is consistent with the purchase prices as set forth in the draft 'Purchase and Sale Agreement' in the form submitted to the Authority concurrently herewith (the "Agreement'). L. The Authority has duly considered all terms and conditions of the proposed Agreement and believes that the Agreement is in the best interests of the Authority and the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. M. A public hearing of the Authority on the proposed Agreement was duly noticed in accordance with Health and Safety Code Sections 33431 and 34312.3(b). N. On September 6, 2016, the governing board of the Authority held a public hearing on the proposed Agreement, at which time the Authority reviewed and evaluated all of the information, testimony, and evidence presented during the public hearing. Resolution No. 2016 -003 Page 2 of 5 O. The Authority has reviewed the staff report in connection with this matter and has evaluated other information provided to it pertaining to the findings proposed to be made hereunder. P. The price at which the Property will be conveyed to the Buyer represents the fair market value of the Property. Q. All actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner. R. The Authority has duly considered all of the terms and conditions of the proposed Agreement and believe that the sale of the Property pursuant to the Agreement is in the best interests of the City of Santa Ana and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. Section 2. The Authority hereby finds and determines that the disposition by sale of the Property by the Authority pursuant to the Agreement will further the achievement of the Authority's affordable housing objectives by generating resources to the Authority, which will be used for a housing project pursuant to Health and Safety Code Section 34312.3(b). Section 3. The Authority finds and determines that, based upon substantial evidence provided in the record before it, the consideration for the Authority's sale of the Property pursuant to the terms and conditions of the Agreement is not less than the fair market value of the Property. Section 4. The Authority hereby approves the Agreement in substantially the form presented to the Authority, subject to such revisions as may be made by the Executive Director of the Authority, or designee. The Executive Director of the Authority is hereby authorized to execute the Agreement, as so revised (including without limitation all attachments thereto), on behalf of the Authority, together with any instruments necessary or convenient to implement the Agreement. A copy of the Agreement shall, when executed by the Authority, be placed on file in the office of the Secretary of the Authority. Section 5. The Executive Director of the Authority, or designee, is hereby authorized, on behalf of the Authority, to make revisions to the Agreement which do not materially or substantially increase the Authority's obligations thereunder or materially or substantially change the uses or development permitted on the Property, to sign all documents, to make all approvals and take all actions necessary or appropriate to carry out and implement the Agreement and to administer the Authority's obligations, responsibilities and duties to be performed under the Agreement and related documents. Resolution No. 2016 -003 Page 3 of 5 ADOPTED this 6t" day of September, 2016. APPROVED AS TO FORM: Sonia R. Carvalho Authority Cqunsgl go 9w rity Counsel 0 AYES: Authority Members: Amezcua Benavides Pulido Martinez, Reyna (5) NOES: Authority Members: None (0) ABSTAIN: Authority Members: None (0) NOT PRESENT: Authority Members: Sarmiento Tinalero (2) Resolution No. 2016 -003 Page 4 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Secretary of the Housing Authority, do hereby attest to and certify the attached Resolution No. 2016 -003 to be the original resolution adopted by the Governing Board of the Santa Ana Housing Authority on September 6, 2016. Date: ! '/" /V 9 Resolution No. 2016 -003 Page 5 of 5 i Maria D. Huizar, Recording ,5 cretary