HomeMy WebLinkAbout1989-18 CRA
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RESOLUTION NO. 89-18
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA
AFFIRMING ITS COMMITMENT TO PARTICIPATION
BY AND PREFERENCES TO PROPERTY OWNERS AND
BUSINESS OCCUPANTS WITHIN REDEVELOPMENT
PROJECT AREAS IN THE CITY OF SANTA ANA
WHEREAS, Section 33380 of the California Community Redevelopment
Law (Health and Safety Code Section 33000 et. seq.) provides that an
agency shall permit owner participation in the redevelopment of property
in a project area in conformity with an adopted redevelopment plan; and
WHEREAS, Section 33339 of said California Community
Redevelopment Law provides that every redevelopment plan shall provide
for such owner participation opportunities; and
WHEREAS, pursuant to Section 33339.5 of the California Community
Redevelopment Law, the Santa Ana Community Redevelopment Commission, by
Resolution No. 89-01, has approved and adopted Rules Governing
Participation and Preferences by Property Owners and Business Occupants
in the Bristol Corridor Redevelopment Project; and
WHEREAS, all Redevelopment Plans of the Gity of Santa Ana do
provide for such participation opportunities and preferences;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA AS FOLLOWS:
1. The Community Redevelopment Agency hereby affirms that one
of its objectives is to encourage participation by owners and tenants to
redevelop their properties in conformance with the redevelopment plan for
their particular redevelopment project areas, whether they redevelop the
property in whole or join with a qualified developer to undertake a
project in conformance with the redevelopment plan in said project area.
2. The Community Redevelopment Agency hereby affirms and
reaffirms its continuing strong commitment to insuring that such
participation opportunities and preferences be extended to property
owners and business occupants within all redevelopment project areas in
the City of Santa Ana.
3. The Santa Ana Community Redevelopment Commission is hereby
directed to review any grievances regarding the application of the Rules
Governing Participation and Preferences to Property Owners and Business
Occupants in the Bristol Corridor Redevelopment Project Area and all
other redevelopment project areas in the City and to report its
recommendations on such grievances to the Agency at or before the time
the Agency considers any Exclusive Right to Negotiate for redevelopment
of any property.
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4. The Community Redevelopment Agency hereby affirms its
commitment to implement Section 334, "Replacement Housing," of the
Redevelopment Plan for the Bristol Corridor Project Area, which requires,
pursuant to Sections 33334.5 and 33413 of the California Community
Redevelopment Law, that whenever dwelling units housing persons and
families of low or moderate income are destroyed or removed from the 10w-
and moderate-income housing market as part of a redevelopment project,
the agency shall, within four years of such destruction or removal,
rehabilitate, develop, or construct, or cause to be rehabilitated,
developed, or constructed, for rental or sale to persons and families of
low or moderate income an equal number of replacement dwelling units at
affordable housing costs.
5. The Community Redevelopment Agency also hereby affirms its
approval of policies relating to the redevelopment process as delineated
in that certain memo titled "Policy Statements Concerning The Bristol
Corridor Development Project," to the Deputy City Manager from the
Executive Director of the Community Development Agency, dated
November 15, 1989, and attached hereto as Exhibit A.
ADOPTED this 20th day of Nov.
1989, by the following vote:
AYES:
Members: ACOSTA, GRISET, MAY, NORTON,
MCGUIGAN, PULIDO, YOUNG
Members:
NOES:
ABSENT:
Members:
ATTEST:
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APPROVED AS TO FORM:
A~buNSEL
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MEMORANDUM
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Subject:
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DeDutv City Manager
Date:
November 15. 1989
Executive Director/Community Development
POLICY STATF~RNTS CONCRRNING THR BRISTOl CORRIDOR RRDRVRln~MRNT PROJRCT
BACKGROUND
Councilmember Pulido has requested information concerning the
Redevelopment Agency's policies with regard to the redevelopment
process. In particular, he is concerned that property owners be provided
ample notice of any impending redevelopment action, and that staff be
available at that time to thoroughly explain the process and schedule.
In an effort to address these concerns, outlined below are the existing
Agency policies with regard to owner/tenant participation, property
acquisition and development procedures.
Owner Particioation
California Redevelopment Law requires agencies to adopt rules to permit
participation in the project area by owners and business tenants "to the
maximum extent feasible consistent with the objectives of the
Redevelopment Plan."
Participation includes remaining in substantially the same location by
retaining all or portions of the property; or by retaining all or
portions of the property and purchasing adjacent property from the
Agency; or joining with another person or entity for development of the
owner's and other property. Participation also includes buying property
from the owners and offering the owners the opportunity to develop other
property jointly with othër persons or entities.
In every case, participation opportunities must be consistent with, and
will not impair the objectives of, the Redevelopment Plan, and must
otherwise be consistent with the guidelines shown on the attached
Exhibit A.
These rules also provide that the Agency must notify owners and business
tenants of their participation opportunities prior to. taking and
redevelopment action on their property as further described in
Section 601 of Exhibit A.
prooertv AcQuisition
Once the Agency authorizes acquisition of property, whether it be for a
public improvement project or a development project, owners and tenants
are afforded ample notice and opportunity to relocate.
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Exhibit A
Page 1 of 4
CS-808
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Deputy City Manager
November 15, 1989
Page Two
The Agency is governed by the California Code of Civil Procedure when
acquiring property. The following are the basic steps involved in the
acquisition/relocation process and estimated time frames.
Aill.9.n
Time Frame
1.
Following granting of Exclusive
Right to Negotiate.
Notice of Intent to Appraise
sent to property owner.
2.
One week following Agency's
notice.
Letter sent by appraiser
requesting appointment.
3.
Appraise property.
60 days.
4.
14 days following receipt of
appraisal.
Review appraisal.
5.
Extend Offer to Purchase to
Property Owner (personal
meeting).
Within 30 days following
review of appraisal or after
execution of a DDA.
6.
Within 14 days following
offer to property owner.
Meet with tenant to discuss
project, relocation benefits
and timing.
7.
60-90 days.
Negotiation period.
Offer àccepted; close escrow.
60 days after opening escrow.
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9.
15 days written notice of
intent to adopt resolution
of necessity.
Offer rejected; initiate
eminent domain proceedings.
10. Adopt resolution;
file court action;
serve owner/tenants.
Within 30 days following
adoption of resolution.
11. Relocate tenants; obtain
possession of property.
90 days following service
of court action (additional
relocation time granted
if necessary). .
The Agency is required to relocate residential owners and tenants to
decent, safe and sanitary housing. If replacement property is not
available to meet the family size or income needs, the Agency must
provide last-resort housing with no limit as to the cost of such. In
addition, displacees are afforded preference to receive Section 8 rental
assistance if they qualify.
Exhibit A
Page 2 of 4
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Deputy City Manager
November 15, 1989
Page Three
For those wishing to purchase a replacement dwelling in Santa Ana, we
offer several financial incentives in our residential loan program to
assist with their purchase, such as: the Mortgage Assistance Program,
infill new construction loans, and low interest rehabilitation loans.
The actual loan amounts depend on family size and income.
Develooment Process
The following are the basic steps involved in soliciting proposals for
development of a site within the project area.
1.
Identify project concept and develop an action plan outlining the
major tasks and estimated time frames.
2.
Mail statements of interest in participating to affected owners and
tenants, as well as a description of what the Agency is proposing to
undertake on the property.
The owner/tenant is afforded 30 days to respond in writing whether
or not he wishes to participate. If he so desires, an additional 30
days is provided to submit a proposal. If additional time is
requested, it is usually granted.
During this period, the project manager engages in regular dialogue
with the owners and/or tenants concerning the future of their
property.
3.
The proposals from the owners/tenants are then evaluated and a
determination is made concerning their feasibility and compliance
with the objectives of the redevelopment plan.
4.
"If an owner/tenant i~. not selected to participate, the Agency then
solicits proposals from developers.
5.
A developer is then selected and granted an Exclusive Right to
Negotiate (typically 6 to 9 months). The owners and tenants are
notified as to when the Redevelopment Commission and Agency are
scheduled to act on this item.
During this time, the developer is encouraged to negotiate with the
owners/tenants to either purchase their property or work out an
arrangement to include them in the project, either as a tenant/user
or equity partner.
6.
If the Agency is required to be involved in the property
acquisition, we follow the procedures discussed in the previous
section.
The above does not preclude a property owner or tenant from
approach in¡ the Aasnc~ t~rsdevelop his propert~ prior to the Aaenc~
lo11o1t1n¡ development propolall,
Exhibit A
Page 3 of 4
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Deputy City Manager
November 15, 1989
Page Four
In summary, it is typically a 12-to-18-month process from participation
notice to approval of a development agreement. The acquisition and
relocation process then takes an additional 9 to 12 months. During this
24 +/- month period, the owners/tenants are kept informed by our staff as
to the process and schedule.
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As you can aee from the above, ths Agency's policies provide for a very
public, open process that affords owners/tenants ample opportunity to
become informed and potentially develop their own property or another
elsewhere in the project area.
In every case, a redevelopment project manager is assigned to a project
area to insure that owner/tenants have a regular contact person to
address their questions/concerns. In addition, our real estate staff
works in concert with the project manager from project inception to
assist in dealing with the affected parties. At all times, we have
bilingual staff available in the event it is needed.
We believe our policies and procedures are well founded and designed to
assist the owners and tenants as much as possible. A reaffirmation of
these policies may be desired by the City Council as a means of
addressing the concerns raised by the public.
If you have any questions regarding the above, please let me know.
Cyn~N~
CJN:jwe/Fll
cc:
City Council
City Manager (
Assistant City Manager
Exhibit A
Page 4 of 4