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HomeMy WebLinkAboutORANGE, COUNTY OF (12)Return ORIGINAL O� OUIRFD executed copy to COTC, M-30 A-2020-033 O W. '� OCEE ) 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 of ' T7 m JgZ-aob i o3nN3nv �.� � � oaven pf U Q cOa a 0 133N1S w 2 1 W m O1 1 N� s =s sa o G e h O O Soo O I I m I .ff i o I I a 133N1S r 8 NJWN/7 CN