HomeMy WebLinkAboutORANGE, COUNTY OF (12)Return ORIGINAL
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M-30 A-2020-033
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6', C D R V-) (luotSO" eo- MEMORANDUM OF AGREEMENT
9JtV"n)BETWEEN THE COUNTY OF ORANGE AND THE CITY OF SANTA ANA
REGARDING REGIONAL HOUSING NEEDS ALLOCATIONS FOR FUTURE
HOUSING ELEMENT PLANNING PERIODS
This Memorandum of Agreement ("MOU") between the County of Orange, a political
subdivision of the State of California ("County") and the City of Santa Ana, a chartered city and
municipal corporation ("City"), is dated, for the convenience of the parties, as the first date upon
which it is executed by both the County and the City, as shown by the signatures of their
authorized representatives below, and the various obligations established hereby shall take effect
as provided herein.
RECITALS
A. The City and County have entered into a Joint Powers Agreement dated as of
February 25, 2020 ("Agreement") regarding the future development of multiple parcels of land
in the City of Santa Ana comprising approximately 2.28 acres and commonly referred to as the
Crossroads at Washington site (APNs 398-092-13 and 398-092-14, as and hereafter, the
"Property"). The Property is depicted in greater particularity on Exhibit A hereto. The City has
approved a development proposal for the Property (the "Project") which proposal is more
particularly described in those certain documents entitled "PRE -COMMITMENT LETTER"
dated July 2, 2019.
B. To further support of this Project, Orange County Board of Supervisors approved
a loan in the amount of $2,280,701 on February 25, 2020, toward the completion of 43 units
within the Project.
C. The Orange County Board of Supervisors, acting as the Board of Commissioners
to the Orange County Housing Authority, also approved the use of 43 Project -Based Housing
Choice Vouchers on February 25, 2020, to further assist in the success of this Project.
D. The County desires to rely on housing proposed as part of the Project to meet
certain affordable housing obligations imposed on the County by state law. Pursuant to Article
10.6 (the "Housing Element Law") (Government Code sections 65580 - 65589.8) of Chapter 3
of the Planning and Zoning Law, the Southern California Association of Governments
("SCAG") periodically adopts and assigns a Regional Housing Needs Assessment ("RHNA")
allocation for each county and city in the County of Orange, including Orange County and the
City of Santa Ana. Under the Housing Element Law, each city and county must periodically
revise the housing element of its general plan utilizing the latest RHNA allocation adopted by
SCAG. The next required revision to the housing elements of the City and County is designated
as the sixth required revision by Government Code Section 65588, and is identified by SCAG as
the 2021-2029 housing element planning period ("2021-29 Planning Period").
E. The Agreement between the City and County provides in Section 6 that the
City and County may enter into a RHNA allocation transfer agreement as allowed under
Government Code Section 65584.07 or any successor statute ("Section 65584.07") providing for
Crossroads at Washington
RHNA Allocation Transfer Agreement
the transfer to the City of Santa Ana of some share of the County's RHNA allocation obligation
for the sixth housing element planning period, provided that certain requirements of the
Agreement are satisfied. This MOU is intended by the County and the City to serve as the
RHNA allocation transfer agreement contemplated by Section 6 of the Agreement as may be
amended pursuant to Section 14 of this agreement and to attain approval by SLAG.
F. Approval of the Project and successful implementation of the MOU will allow the County to
meet its RHNA for the 2021-29 Planning Period and obtain a certified housing element. This
MOU provides for RHNA allocation transfers from the County to the City in the2021-29
Planning Period.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements contained herein, the Parties hereto mutually agree as follows:
1. Housing Site. The City has identified the specific portion of the Property zoned
Transit Village (TV) in the Transit Zoning Code (the "Housing Site"), as shown in Exhibit B
hereto, as an available site for housing in its 2021-2029 housing element, and intends to issue,
upon application, residential building permits for construction of 85-units of extremely low-
income housing on the Housing Site during the 2021-29 Planning Period, while the Housing Site
remains in the City's jurisdiction, in order to satisfy the City's RHNA allocation obligation for
the 2021-29 Planning Period. The City will receive RHNA credit for all of the units on the
Housing Site.
2. Transfer of RHNA Allocation Shares.
a. Very Low -Income Unit Transfer. For the 2021-29 RHNA Planning Period (or as
that planning period may be adjusted by SLAG, the Department of Housing and
Community Development, or statute), upon SCAG's adoption of a final RHNA,
the County and City shall jointly apply to SCAG to transfer 20 units from the
County's RHNA allocation to the City. This would result in a reduction of the
County's RHNA allocation of -very -low units by 20 units and an increase to the
City's RHNA allocation of very -low units by 20 units, as provided for and in
conformance with the requirements of Government Code section 65584.07.
Accordingly, upon SCAG's approval, the City's RHNA allocation of very -low
units will increase by 20 units and the County's RHNA allocation of very -low
units shall decrease by 20 units, as allowed under Government Code section
65584.07. For purposes of this paragraph, "very low-income units" shall mean
units where the household income for eligibility to live in the unit does not exceed
30% of the local area median income (AMI) as established by state and federal
law.
b. Moderate Unit Transfer. Additionally, the County's RHNA allocation of
moderate -income units shall be reduced proportionally in conformance with the
requirements of Government Code section 65584.07. To fulfill the obligations set
forth in Government Code section 65584.07, the County and City shall jointly
apply to SCAG to transfer 22 moderate units from the County's RHNA allocation
to the City. This would result in a reduction of to reduce the County's RHNA
Crossroads at Washington
RHNA Allocation Transfer Agreement
allocation of moderate units by 22 units and to an increase to the City's RHNA
share allocation of moderate units by 22 units of the County's original RHNA
allocation. Accordingly, upon SCAG's approval, the City's share of its RHNA
allocation of moderate units will increase by 22 units of the County's original
allocation and the County's RHNA allocation of moderate will decrease by 22
units of the County's original allocation. For purposes of this paragraph,
"moderate units" shall mean units where the household income for eligibility to
live in the unit does not exceed 120% of the local area median income (AMI) as
established by state and federal law.
c. The Parties agree that the land and financial commitments found in the Recitals to
assist in the success of the Project is full and adequate consideration for the
RHNA allocation transfers contemplated in this Section 2.
3. RHNA Methodologies; Parties Obligations. SCAG may determine the City and
County's RHNA for the 2021-2029 Planning Period and subsequent revisions of the housing
element in one of two ways. SCAG may make the determination based on its methodology
adopted under Government Code Section 65584.04. Upon SCAG's adoption of a final RHNA,
the County and City shall jointly apply to SCAG to reduce the County's RHNA allocation as
described in Section 2., above, and to increase the City's RHNA allocation as described in
Section 2., above.
4. Cooperation. The City and County shall take all steps reasonably necessary to
comply with the Government Code section 65584.07 to implement this MOU, including but not
limited to, providing the appropriate documentation to SCAG or any other agency, as required.
The parties agree to work together to obtain SCAG and any other approval where required to
effectuate this MOU. City further agrees that it will utilize the revised RHNA allocation that
includes the transfer of RHNA shares contemplated by this MOU in preparing the City s 2021-
2029 Planning Period and subsequent housing element revisions, as applicable.
5. Indemnification. City shall, to the extent permitted by law, indemnify, defend, and hold
harmless the County and it officers, agents, and employees, from and against any claim, action,
suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or
expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based
upon the negligence or wrongful act or omission of City or its City Council, boards and
commissions, officers, agents, volunteers, or employees, in approving this MOU.
County shall, to the extent permitted by law, indemnify, defend, and hold harmless the City and
its officers, agents, and employees, from and against any claim, action, suit, proceeding, loss,
cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without
limitation, attorney's fees), resulting from, arising out of, or based upon the negligence or
wrongful act or omission of County or its Board of Supervisors, committees and commissions,
officers, agents, volunteers, employees, in approving this MOU.
6. Time. Time is of the essence in this MOU.
Crossroads at Washington
RHNA Allocation Transfer Agreement
7. Management. Except as otherwise provided in this MOU, the approval of both the City
and County shall be required for decisions regarding management and disposition of the Joint
Property,
8. Successors and Assigns. This MOU shall be binding upon and shall inure to the benefit of
the County and City and their respective heirs, personal representatives, successors and assigns.
Neither Party shall have the right to assign this MOU or any interest or right under this MOU
without the prior written consent of the other Party.
9. No Attorneys' Fees. hi any action between the Parties to interpret, enforce, award, modify
or rescind any of the terms or provisions of this MOU, or any action otherwise commenced or
taken in connection with this MOU, both Parties shall be responsible for their respective litigation
costs and attorneys' fees, except as provided in Section 5, above, regarding indemnity.
10. Jurisdiction and Venue. This MOU shall be construed under the laws of the State of
California in effect at the time of the signing of this MOU. The Parties consent to the jurisdiction
of the California courts with venue in County of Orange.
11. Titles and Captions. Titles and captions are for convenience of reference only and do not
define, describe or limit the scope or the intent of this MOU or of any of its terms. Reference to
section numbers are to sections in this MOU, unless expressly stated otherwise.
12. Interpretation. As used in this MOU, masculine, feminine or neuter gender and the singular
or plural number shall each be deemed to include the others where and when the context so dictates.
The word "including" shall be construed as if followed by the words "without limitation." This
MOU shall be interpreted as though prepared jointly by both Parties.
13. No Waiver. A waiver by either Party of a breach of any of the covenants, conditions or
agreements under this MOU to be performed by the other Party shall not be construed as a waiver
of any such breach or succeeding breach or of the same or other covenants, agreements, restrictions
or conditions of this MOU.
14. Modifications. Any alteration, change or modification of or to this MOU, to become
effective, shall be made in writing and in each instance signed on behalf of each Party.
15. Severability. If any term, provision, condition or covenant of this MOU or its application
to any Party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder
of this MOU, and the application of the term, provision, condition or covenant to persons or
circumstances other than those as to whom or which it is held invalid or unenforceable, shall not
be affected, and shall be valid- and enforceable to the fullest extent permitted by law.
16. Cooperation. Each Party agrees to cooperate with the other in the execution of this MOU
and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or
appropriate to carry out the purposes and intent of this MOU including, but not limited to, releases
or additional agreements.
17. Counterparts. This MOU may be signed in multiple counterparts which, when signed by
all Parties, shall constitute a binding agreement.
Crossroads at Washington
RHNA Allocation Transfer Agreement
18. Notices. Any notice requirement set forth herein shall be in writing and delivered to the
appropriate party at the address listed in this subparagraph. Addresses for notice may be
changed from time to time by written notice to the other party. All communications shall be
effective when actually received; provided, however, that nonreceipt of any communication as
the result of a change in address of which the sending party was not notified or as the result of a
refusal to accept delivery shall be deemed receipt of such communication.
To County: County of Orange
Attn: County Executive Office, Real Estate
333 W. Santa Ana Boulevard, 3 d Floor
Santa Ana, CA 92701
To City: City of Santa Ana
Attn: Housing Manager
20 Civic Center Plaza (M-26)
P.O. Box 1988
Santa Ana, California 92702
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed by their
respective governing bodies on the dates set forth opposite their signatures.
Crossroads at Washington
RHNA Allocation Transfer Agivonent
COUNTY:
COUNTY OF ORANGE, a political
subdivision of the State of California
By:
Dated!"-4- 5--zozl
Name:(VCOA ft -r
Title: Director of OC Public Works
APPROVED AS TO FORM:
OFFICE OF COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
Jacqueline
By:Guzman
Deputy
Crossroads at Washington
RHNA Allocation Transfer Agreement
A-2020-033
ATTEST:
Daisy Gomez
Clerk of the Council
Dated: 020
SONIA R.CCARVALHO, City Attorney
By: ' Yi
Ry O. Hodge
Assistant City Attorney
Dated: April 22, 2021
RECOMMENDED FOR APPROVAL:
-25-L �, \A-�
Steven A. Mendoza
Executive Director
Community Development Agency
CITY OF SANTA ANA
istine Ridge
City Manager
Exhibit A
[PROPERTY LEGAL DESCRIPTION]
Exhibit A
Legal Description of the Premises
The land referred to is situated in the County of Orange, City of Santa Ana, State of California,
and is described as follows:
That certain parcel of land situated in the City of Santa Ana, County of Orange, State of
California, being that portion of Parcel 1 of Parcel 73035 described in the Grant Deed recorded
July 24, 1991, Instrument No. 91-387576 of Official Records, together with that portion of
Parcel 73034 described in the Grant Deed recorded November 15, 1991, Instrument No. 91-
626431 of Official Records, lying southwesterly and westerly of those three (3) courses and the
Northwesterly extension of course Three (3) thereof, in the State Right of Way as shown on a
map filed in Book 194, pages 28 through 36 inclusive of Record of Surveys in said Office of said
County Recorder, said Three (3) courses being shown on sheet 2 of said map as:
1) North 21° 00' 58" West 286.98;
2) North 32' 46' 23" West 157.90;
3) North 25' 03' 45" West 62.42'.
EXCEPTING THEREFROM: That portion of above said Parcel 1, lying within the limits of the
Washington Avenue Cul-De-Sac as shown on said Sheet 2 of said Map.
APN: 398-092-14
That portion of the land allotted to Maria Ygnacia Alvarado De Moreno, as described in the final
decree of partition of the Rancho Santiago De Santa Ana, which was entered September 12, 1868
in Book "B" Page 410 of Judgments of the District Court of the 17th Judicial District, in and for
Los Angeles County, California, described as follows:
Beginning at a point 1584.0 feet north and 301.05 feet west of an iron axle set at the intersection
of the centerlines of Fourth Street and Grand Avenue; thence North 717.80 feet; thence West
606.90 feet; thence South 717.80 feet; thence East 606.90 feet to the point of beginning.
EXCEPTING THEREFROM: That portion lying southeasterly of the northwesterly line of that
certain 104.00 foot strip of land described in Parcel A of Deed to the City of Santa Ana, recorded
June 25, 1970 in Book 9327, page 72 of Official Records.
ALSO EXCEPTING THEREFROM: That portion described as Parcel C in said Deed to the City
of Santa Ana.
ALSO EXCEPTING THEREFROM: That portion conveyed in the deed to the State of
California recorded January 10, 1992, Instrument 92-15188 of Official Records.
APN: 398-092-13
Exhibit B
[HOUSING SITE DESCRIPTION]
Crossroads at Washington Exhibit B
RHNA Allocation Transfer Agreement
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