HomeMy WebLinkAbout2022-074 - Sale Agreement for the Acquisition of Property From the Successor AgencyRESOLUTION NO. 2022-074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE PURCHASE AND SALE
AGREEMENT FOR THE ACQUISITION OF PROPERTY
FROM THE SUCCESSOR AGENCY TO THE FORMER
REDEVELOPMENT AGENCY OF 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 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 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-
142-35; 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 City Council 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 City Council has considered all of the terms and conditions of the
proposed Agreement and believes that the sale of the Properties pursuant to
the Agreement is in the best interests of 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 laws and requirements.
Section 2. The City Council 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 City's public purposes by making property
available for use by the City for park space.
Section 3. The City Council 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 City Council hereby approves the Agreement in substantially
the form presented to the City Council, subject to such revisions as may be made by the
City Manager, or designee. The City Manager is hereby authorized to execute the
Agreement, as so revised (including without limitation all attachments thereto), on behalf
of the City, together with any instruments necessary or convenient to implement the
Agreement. A copy of the Agreement shall, when executed by the City, be placed on
file in the Office of the Clerk of the Council.
Section 5. The City Manager, or designee, is hereby authorized, on behalf of
the City, to make revisions to the Agreement that do not materially or substantially
increase the City'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 City's obligations, responsibilities and duties to be
performed under the Agreement and related documents.
ADOPTED this 6th day of September, 2022.
fi�( /
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: aL
Ryan O Ho e
Assistot City Attorney
AYES: Councilmembers Hernandez, Lopez, Mendoza, Penaloza,
Phan, Bacerra, Sarmiento (7)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-
074 to be the original Resolution adopted by the City Council of the City of Santa Ana
on September 6, 2022.
Date: 18I Z2 = LY - A. D c✓
,f,.Clerk of the Coun
City of Santa Ana