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HomeMy WebLinkAbout80A - TRANSIT CODE AND STATION DISTRICT - EXHIBIT F EXHIBIT F 80A-65 f RECLUTI~N NC, A RE~LT1CN ~F THE CITY COUNCIL ~F THE CITY ~F ABTA AI~iA C~hIENTIN T~ THE APPR~IIAL ~F A DIP~ITIN AND DEVELOPMENT AGREEMENT BETwEEhI THE COMMUNITY REDEIIEL~PMENT AGENCY ~F THE CITY OF SANTA ANA AND SANTA ANA STATi~N DISTRICT, LLC, A CAL~FRNIA LIMITED LIABILITY C~~f PANY, AND MA#~IN FINDINGS iN ~NNECTICN THEREWITH BE IT RESOLVED SY THE CITY C~L~NCiL ~F THE CITY ~F SANTA ANA AS F~LLvIlS; Section ~ . The City Council of the City of Santa Ana hereby finds, determines and declares ~ follows; A~ Sections 4. and ~4.~ of the California Redevelopment Law, Health and Safety Code Section 30og, e~ seq. ~;`CRL'}}, authorize and direct the Community Redevelopment Agency of the City of Santa Ana ~`{Agency}'} to expend a cer#ain percentage of all taxes which are allocated to the Agency pursuant to CRL Section ~~0 forthe purposes increasing, improving and preserving the cor~runity' supply of housing available at an affordable housing cost to persons and families of very low, low, and moderate income; and B. Pursuant to applicable provisions of the CRL, the Agency has established a Low and Moderate Income Housing Fund {`Housing Fund"}; and C. Pursuant to CRL Section ~3~.~~e}, in carrying out its affordable housing activities, the Agency i authorized to provide subsidies to or for the benefit of very low income and louver income households, or persons and families of Iow or moderate income, to the extent those households cannot obtain housing at affordable oasts on the open n~ar~cet, and to provide financial assistance for the construction and rehabilitation of housing which gill be made available at an affordable housing cost to such persons; and D. Pursuant to CRL Section 4~ ~b}, the Agency is required to ensure that at least ~ percent of all new and substantially rehabilitated dwelling units developed within a project area under the jurisdiction of the Agency by private or public entities or persons other than the Agency shall be available at affordable housing cost to persons and farilie of low or moderate income; and Resoiutf~n No. ~00~~~~~ Wage o~ ~ `4 +J r The Agency currently o~rns certain real property ~"Agency Parcels"} located v~rithin the City of Santa Ana ~"City"~, v~rhich property is also partially located Within the geographic boundaries the "Project Area"'~ of the Merged Praject ~`terged Project"}, and is attempting to acgu~re other real property that ~s~,~currently o~rned by third parties ~"Additional Properties"~ the Agency Parcels and Additional Properties are collectively referred to as the "Site"}; and F. Santa Ana Station District, LLC, a California limited liability corpany ~"Developer"}, has proposed to acquire the Site from the Agency, to construct on the Site affordable rental hauling that ~ri11 be available to and occupied by persons and families ofvery lava income and e~trernely love incame, affordable far-sale housing that vuill be available to anal occupied persons anal families of moderate income, and market rate for~sale housing that vuill b available to al[ buyers collectively, the "Developer Project"}; and In ardertoparry out and implement the Redevelopment P[an far the Merged Praject and the affordable housing requirements thereof, the Agency prapases to enter into a Disposition and Development Agreement ~"Agreerr~ent"} Frith the Developer, pursuant to v~rhich the Agency ~rauld k convey the Site to the Developer and the Developer ~rauld agree to com~struct the Project in accordance vuith the requirements of the Agreement, restrict occupancy of the rental hauling to persons and families ofvery low incame and extremely lair incame, and restrict occupancy of a portion of the far-sale housing to persons ar~d farr~ilies of moderate incame, al[ a more particularly set forth in theAgreement; and H. Pursuant and subjectta the terms of the Agreement, the Agencyvuill provide the following f financial assistance to the Developer Praject: {i} [awns to the Developer in the amount of Ten 1111illion fight Hundred Thousand Dollars ~g,~gg,g00}for Phase ~-1 {as defined in the Agreements of the Develaper Praject and Four Million Seven Hundred Seventy Thousand Dollars ~4,77a,0aa}for Phase R-~ has defined in the Agreement} of the Developer Praject ~callectively, the "Agency Loan- Rental Component"~; iii} a lawn to the Developer in the amount of one ll~iilion Five Hundred Thousand ~~,Dg,gOD} far Phase F has defined in the Areer~ent} of the Develaper Praject Agency Loan -Phase FS}and viii} a lawn to each qualified Moderate lncor~e Hon~ebuyer of an Affordable Far-Sale Unit has defined in the Agreernent~ in the amount of up to Thirty Thousand Dollars ~0,Ogg~ to be deposited by the Agency into the applicable escrovu far each Hon~ebuyer of n Affordable Far-Sale Unit and disbursed by the escro agent to the Develaper upon each Hon~ebuyer closing and purchase of ~~~n Affordable Far-Sal e Unit beach, a {`HomebuyerAssistance Laan"~; and, R~aiut~on No. Page 2 of ~ . l l~ The Agency's financial assistance to the Praject, Including the Agency Loan and each HomebuyerAssistance Loan, gill be funded from the Agency's Housing fund; the Praject i not financially feasible vuithout the Agency's financial assistance; and Each qualified [~oderate Income Hor~ebuyer of an Affordable far-dale Unit that is to receive a Homebuyer Assistance Loan aril[ enter into a Harebuyer Loan Areement~rith the Agency substantially in the form attached to the Agreement a Attachment No.1 ~ ;and IlVith respect to the parkian of the Praject that is located vtirith~n the Project Area of the l~lerged Project, the acquisition, construction and operation of the Praject pursuant to the Agreement veil[ benefit the Project Area by providing affordable housing for persons rho currently five and ~rork v~ithin the Project Area; vuith respect to the portion of the Project that is located outside the Pro~ctArea of the IUlerged Project, the acquisitian, construction and operation of the Praject pursuant to the Agreementvuill be of benefit to the Merged Project; and L, The Agency has adopted n Implementation Plan pursuantto RL section ~4g0, ~rhich sets Earth the objective of providing housing to satisfy the needs and desires of various constituent eler~ents of the cvmn~unity~ and llll. The Agreement furthers the goals of the Agency set forth in the [mp[ementation Plan as it gill facilitate the creation of affordable housing hlch gill serve the residents of the neighbarhaod and the pity; and N, The Developer has submitted tv theAencyand the pity council copies of the Agreement substantially in the form submitted here~rith; and Pursuant to RL ectlon 3~4, the Agency is authorized} ~uith the approval of the pity aunci[ after a duly noticed public hearing, to convey the bite far deve[aprnent puruantto the Redevelopment Plan upon a deterrr~ination by the pity council that such conveyance aril[ either assist in the elimination of blight or provide hauling for Io~r- ar moderate-incorr~e persons, that the consideration far such conveyance is not less than the fair rnarktvalue orfa~r reuse value of the bite in accordance Frith the covenants and conditions governing the conveyance vfthe bite and development casts required thereof, as vuel[ as the particular uses to be conducted by the Developer at the bite, and that the conveyance under the terns and conditions set Earth in the Agreement i consistent~rith the lmplementatian Plan v~rhich has been adapted by the Agency for the Merged Praject; and R~alution N~, ~00~-~~C~ Page 3 of L I~S~ P. A joint public hearing of the Agency and City Council an the proposed Agreementwas duly noticed in accordance with the requirernertts of CRL sections 4~ and 4; and . The proposed Agreement and a summary report meeting the requirements of CRL ectian 34, were available far public inspection priorto the joint public hearing consistent with the requirer~ents of CRL ectian X3433; and R. ~n June Dig, the Agency and City Council held a joint public hearing on the proposed Agreement, at which tirr~e the City Council and the Agency reviewed and evaluated all of the infarn~ation, testimony, and evidence presented during the joint public hearing; and All actions required by all applicable law with respect to the proposed Agreement have been tal~en in an appropriate and timely manner; and T. The City has reviewed the surnrnary required pursuant to CRL section 33433 and evaluated other infvrr~ation provided to it pertaining to the findings required pursuantto CRL ectian 33433; and U. The Cit}~ Council has previously determined, in its adoption of the ordinance approving the Merged Project, that the portion of the bite located within the Prajec~Area is part of a blighted area and is underutilized, a further het forth in the In~plernentatian Plan previously adopted and amended by the Agency pursuant to CRL section 334D; and 11. Thy Agreement would assist in the alleviation ar removal of blighting conditions and pro~ride hauling for low- ormoderate-income persons and would further the goads ofthe lrnplerentation Plan by providing for the development of such housing; and VIA, the City Council has duly considered all terms and conditions of the proposed Agreer~ent and believes that the Agreement is in the best interests of the Agency and the City and the health, safety, and vuelfare of its residents, and in accord with the public purposes and provisions of applicable state and local law requirements; and In cor~pliance with the Caiifornia ~nviranmental duality Act ~EC~A} {Public Resources Cade ~10gg a~e.~, the City Council, as the Lead Agency under CE~A, has certified final Environmental Impact Deport No. ~DO~-g2 prepared far the Transit honing Cade ~l~ No. 84} and the ~evelaper Project, adapted a Mitigation Monitoring and Reporting Program, adapted all findings required by COCA, and adapted a taement of overriding Considerations. Resolution Na. 20a~-~ Page 4 of ~ ~a Section The foregoing recitals are true and correct and are hereby incorparated by reference as if setforth in full in this Resolution, section . The City Council hereby finds and determines that, based upon substantial evidence provided in the record before it, the use of funds from the Agency's I~ow and lUloderate income l~ousir~g Fund pursuant to the Agreement constitutes a lawful expenditure of such funds and will be of benefit to the Project Area for the reasons set for#h in this Resolution, Section The City Council hereby finds and determines that, based upon substantial evidence provided in the record before it, the consideration for the Agency's conveyance of the Site to the Developer pursuant to the terms and conditions of the Agreement is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the Agreement. section . The City Council hereby finds and determines that, based upon substantial evidence provided In the record before it, the Agency's conveyance of the Site to the Developer for development pursuant to the Agreement and the CRL will eliminate blight and provide housing for low- ormoderate-income persons, Section The City Council hereby finds and determines that, based upon substantial evidence provided in the record before i#, the Agreement is consistent with the provisions and goals ofthe lrnplen~entation Plan Section The City Council hereby consents to the approval by the Agency of the Agreement in substantially the form presented to the Agency, subject to such revisions as may be rude by the Executive Director of the Agency or his or her designee. A copy of the Agreement when executed by the Agency shall be placed on file in the office of the City Clerk. Section 8. The City Council acknowledges that the Executive Director of the Agency is authorised, on behalf of the Agency, to make revisions to the Agreement which do not materially or substantially increase the Agency's obligations thereunder or materially or substantially change the uses or development permitted on the SiteF to sign all documents, to make ail approvals and tale all actions necessary or appropriate tc carry out and implement the Agreement and to administer the Agency's abligations, responsibilities and duties to be performed under the Agreement and related documents. ADAPTED this ~ day of , ~o~ 0, Miguel A. Pulido f~ayor APPR~IlED A T F~R~I: Resolution ~o. 20~~-~~~ PageSof~ .l Joe~h ~J11. Fletcher, CityAttQrney AYES. Counilr~er~ber NOES; Couneilrr~ernber ABSTAIN; Cauncilr~er~ber NOT PRESENT; Couneilember CERTIFICATE OF ATTESTATION AND ORIGINALITY I,IIIIARIA D, ~-IUI~AR, Clerk ~ the Cauncil, ~o hereby attest t and certify the attached Reolutic~ No. to be the erigina ordinance adapted by the City Council of the City o~ Santa Ana ors ,and that said ordinance v~a~ published in a~cordan~e v~ith the Charter a~the City cf Santa Ana. Date; Clerk of the Conoil City ~f Santa Ana Reso~ut~on No. 2Q~~ ~~CX Page ~ ~f 5 .l defer t~ ~xhihif J for the disposition ~~rd Deve~o~ment A~~eerent t#~~hed ~o the Request for ounoil Action. .7