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HomeMy WebLinkAbout2004-098 - Approving the Sale of Agency-Owned Property Located 1633 E. Sixth Street 12/13/04Ies RESOLUTION NO. 2004-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SALE OF AGENCY-OWNED PROPERTY LOCATED 1633 E. SIXTH STREET TO CARLOS MORALES AND ANA VIERA; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE DOCUMENTS AS NECESSARY; AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO, ON BEHALF OF THE CITY 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 Sections 33334.2(a) and 33334.6(c) of the California Community Redevelopment Law (California Health and Safety Code Section 33000 et sea.) not less than 20 percent of all taxes which are allocated to the Community Redevelopment Agency of the City of Santa Ana ("Agency") are set aside by the Agency in a Low- Moderate-Income Housing Fund and used by the Agency for the purpose of increasing, improving and preserving the community's supply of low and moderate housing available at affordable housing costs to persons and families of low- and moderate-income, including very-low-income persons. B. Pursuant to Section 33334.2(e) of the Community Redevelopment Law, the Agency may exercise any and all of its powers to carry out this purpose. C. Pursuant to Section 33334.6(a) of the Community Redevelopment Law, the California State Legislature has found and declared that the provision of affordable housing outside of redevelopment project areas can be of direct benefit to those projects in assisting the accomplishment of project objectives. D. In connection with the Redevelopment Plan, the Agency has established a Low and Moderate Income Housing Fund in accordance with California Health and Safety Code Section 33334.2 et sea. (the "Housing Funds"), to provide funding for housing within the City of Santa Ana that is affordable to persons and families of very-low, low- or moderate-income. E. Pursuant to Section 33334.2(g) of the Community Redevelopment Law, Housing Funds may be used to assist in the provision of housing for low- or Resolution No. 2004-098 Page 1 of 4 moderate-income households outside the Redevelopment Project area if such use will be of benefit to the Redevelopment Project. F. The Agency has used Housing Funds to purchase certain real property located at 1633 East Sixth Street (the "Property"), which is located outside the Redevelopment Project area. G. The Agency proposes to sell the Property, at an affordable housing price, to Carlos Morales and Ana Viera, qualified buyers. The Amended Agreement Containing Covenants will be recorded against the Property establishing a forty-five year term of affordability. H. The Agency has duly considered all of the terms and conditions of the proposed sale, and believes that the proposed sale is in the best interests of the City and the health, safety, morals and welfare of its residents, and in accord with the public purpose and provisions of applicable state and local laws and requirements. I. The City and Agency held a public hearing on the proposed Project and the Agreement as required for the sale of Agency owned property by Section 33433 of the Community Redevelopment Law, after having duly provided notice of such public hearing in accordance with state law. J. The proposed sale of the Property is exempt from further review and in accordance with the California Environmental Quality Act, categorical exemption ER No. 2004-233 will be filed for this project. K. The City recognizes that it has received and heard all oral and written objections to the proposed sale, and to other matters pertaining to this transactions, and that all such oral and written objections are hereby overruled. L. The City hereby finds and determines that the information set forth herein is true and correct. M. The City hereby finds and determines that the sale of the Property will provide housing for a low-income household. N. The City hereby finds that the consideration the Agency will receive for the sale of the Property is not less than the fair reuse value given the use and with the covenants and restrictions authorized by the sale and recorded against the Property. O. The City hereby approves the sale of the Property. Resolution No. 2004-098 Page 2 of 4 Section 2. The Executive Director of the Community Development Agency or his/her designee ("Executive Director") is hereby authorized, on behalf of the City, to execute such documents that are to be signed by the City in connection with the sale, and to make such changes of a non-substantive nature to such documents as the Executive Director shall deem appropriate. A copy of any such documents, when executed, shall be placed on file in the office of the Secretary of the Agency. Section 3. The Executive Director is hereby authorized, on behalf of the City, to sign all documents necessary and appropriate to carry out and implement the sale and to administer the Agency's obligations, responsibilities and duties to be performed. Section 4. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 20th day of December, 2004. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: i?t-,L L~ Lisa E. Storck Assistant City Attorney AYES: Councilmembers: Alvarez. Bustamante. Garcia. Pulido. Bist. Solorio (6) NOES: ABSTAIN: Councilmembers: None (0) Council members: Christy (1) NOT PRESENT: Council members: None (0) Resolution No. 2004-098 Page 3 of 4 CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2004-098 to be the original resolution adopted by the City Council of the City of Santa Ana on December 20. 2004. Date: ~//~/&< ~ Clerk of Council City of Santa Ana Resolution No. 2004-098 Page 4 of4