HomeMy WebLinkAboutSA 2022-002SUCCESSOR AGENCY RESOLUTION NO. 2022-002
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE
FORMER COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF SANTA ANA APPROVING THE PURCHASE
AND SALE AGREEMENT FOR THE DISPOSITION OF
PROPERTY TO THE CITY OF SANTA ANA LOCATED AT
915 NORTH FLOWER STREET, 921 NORTH FLOWER
STREET, AND 842 NORTH GARNSEY STREET
BE IT RESOLVED BY THE GOVERNING BOARD OF THE SUCCESSOR
AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF SANTA ANA AS FOLLOWS:
Section 1: The Governing Board of the Successor Agency to the Former
Community Redevelopment Agency of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Pursuant to AB X1 26 (enacted in June 2011 and amended from time to time,
the "Dissolution Act") and the California Supreme Court's decision in
California Redevelopment Association, et al. v. Ana Matosantos, et al., 53
Cal. 4th 231 (2011), all redevelopment agencies within the State of California,
including the Community Redevelopment Agency of the City of Santa Ana
("Former Agency'), were dissolved.
B. On January 9, 2012, pursuant to section 34173 of the California Health and
Safety Code ("HSC"), the City of Santa Ana ("City") elected to serve as the
Successor Agency to the dissolved Former Agency ("Successor Agency").
C. The Successor Agency is tasked with winding down the Former Agency's
affairs.
D. Pursuant to HSC section 34175(b), all assets, including real properties, of the
Former Agency transferred to the control of the Successor Agency by
operation of law.
E. The Former Agency acquired certain sites, delineated as follows: (i) 915
North Flower Street, APN 005-142-58; (ii) 921 North Flower Street, APN 005-
142-36; and (iii) 842 North Garnsey Street, APN 005-142-47 (collectively
referred to herein as the "Properties").
F. The Properties are not suitable for use by the Successor Agency. However,
the City believes that the Properties will be useful in pursuing the public
purpose activities of the City, including park space.
G. Accordingly, in furtherance of its wind -down of the Former Agency's affairs,
the Successor Agency desires to transfer the Properties to the City pursuant
to HSC section 34181(a).
H. The City and the Successor Agency have reviewed the fair market value of
the Properties, as aggregated, and have concluded that the value of such
Properties are consistent with the purchase price as set forth in the draft
"Purchase and Sale Agreement" in the form submitted to the City and the
Successor Agency concurrently herewith (the "Agreement").
I. The fair market value and purchase price was established as $598,000 by an
appraisal conducted on April 29, 2022.
J. A joint public hearing of the Successor Agency and City Council on the
proposed Agreement was duly noticed in accordance with HSC sections
33431.
K. On September 6, 2022, the governing board of the Successor Agency and
the City Council held a joint public hearing on the proposed Agreement, at
which time the City Council and the Successor Agency reviewed and
evaluated all of the information, testimony, and evidence presented during the
joint public hearing.
L. All actions required by all applicable law with respect to the proposed
Agreement have been taken in an appropriate and timely manner.
M. The Successor Agency 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.
N. The Successor Agency has considered all of the terms and conditions of the
proposed Agreement and believes that the sale of the Properties pursuant to
the Agreement complies with the Oversight Board's direction to dispose of all
assets and properties of the Former Agency pursuant to HSC section
34181(a), and in accord with the public purposes and provisions of applicable
State and local laws and requirements.
Section 2. The Successor Agency hereby finds and determines that the
disposition by sale of the Properties by the Successor Agency to the City pursuant to
the Agreement will further the achievement of the Successor Agency's purpose of
winding down the Former Agency's affairs in compliance with the Oversight Board's
direction to dispose of all assets and properties of the Former Agency pursuant to HSC
section 34181(a).
Section 3. The Successor Agency finds and determines that, based upon
substantial evidence provided in the record, the consideration for the Successor
Agency's sale of the Properties to the City pursuant to the terms and conditions of the
Agreement is not less than the fair market value of the Properties.
Section 4. The Successor Agency hereby approves the Agreement in
substantially the form presented to the Successor Agency, subject to such revisions as
may be made by the Executive Director of the Successor Agency, or designee. The
Executive Director of the Successor Agency is hereby authorized to execute the
Agreement, as so revised (including without limitation all attachments thereto), on behalf
of the Successor Agency, together with any instruments necessary or convenient to
implement the Agreement. A copy of the Agreement shall, when executed by the
Successor Agency, be placed on file in the Office of the Secretary of the Successor
Agency.
Section 5. The Executive Director of the Successor Agency, or designee, is
hereby authorized, on behalf of the Successor Agency, to make revisions to the
Agreement that do not materially or substantially increase the Successor Agency's
obligations thereunder or materially or substantially change the uses or development
permitted on the Properties, 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 Successor Agency's obligations, responsibilities and duties to be
performed under the Agreement and related documents.
ADOPTED this 6th day of September, 2022.
41
Vicente arm
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
M
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
Hernandez, Lopez, Mendoza, Penaloza,
Phan, Bacerra, Sarmiento (7)
None (0)
None (0)
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Secretary of the Successor Agency, do hereby attest to and certify the attached
Resolution No. 2022-002 to be the original resolution adopted by the Governing Board
of the Successor Agency to the Former Community Redevelopment Agency of the City
of Santa Ana on September 6, 2022.
Date: q f 8 122 / V— A- 1--h,
,Recording Secretary
City of Santa Ana