HomeMy WebLinkAbout2010-062 - Sale of Agency Owned Property Located at 602 N. Garfield AvenueRESOLUTION NO. 2010-062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE SALE OF AGENCY OWNED
PROPERTY LOCATED AT 602 N. GARFIELD AVENUE, 809-
811 BROWN STREET AND 902 BROWN STREET;
AUTHORIZING THE CITY MANAGER 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. During the course of its regular activities, the Agency has purchased a number of
properties for residential development in what is now known as the Station District, including
the vacant properties located at 602 N. Garfield Avenue, 809-811 Brown Street, and 902
Brown Street (the "Properties"). The Properties are situated adjacent to Garfield
Elementary School.
C. During community outreach efforts, it was determined that the Properties were better
suited for open space/public uses to serve the neighborhood, with the final design yet to be
determined (the "Project").
D. California Community Redevelopment law (Health and Safety Code section 33433)
requires that before any Agency owned property, acquired in whole or in part with tax
increment moneys, is sold for development, the sale must first be approved by the legislative
body by resolution after a public hearing.
E. The Agency proposes to sell the Property to the City of Santa Ana at the current
appraised fair market value, pursuant to the terms and provisions of Purchase/Sale
Agreement(s) (hereinafter referred to as the "Agreements"). The City will be utilizing
Community Development Block Grant (CDBG) funds to purchase the Properties.
F. Grant funds under the CDBG program must be used for eligible activities, per Title 24
CFR 570.201, in which the end use meets a U.S. Department of Housing and Urban
Resolution No. 2010-062
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Development national objective, per Title 24 CFR 570.208. The City has made the
determination that the use of CDBG funds under this resolution has met these requirements.
G. The City has duly considered all of the terms and conditions of the proposed purchase,
and believes that the proposed purchase 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.
H. The City and Agency held a public hearing on the proposed Project and the Agreements
as required by Section 33433 of the Community Redevelopment Law, after having duly
provided notice of such public hearing in accordance with state law.
1. In accordance with the National Environmental Policy Act (NEPA), a Categorical Exclusion
and Statutory Worksheet has been prepared due to the application of federal funds by the City
for the purchase price.
J. In accordance with the California Environmental Quality Act (CEQA), this project is exempt
from further review. A Categorical Exemption has been filed for this project finding that it is
exempt pursuant to California Code of Regulations, Title 14, Division 6, Chapter 3, Sections
15303, 15305 and 15332. This action results in minor alterations in land use limitations which
do not result in any changes in land use or density, is consistent with the applicable general
plan and zoning designation, is adequately served by public services, and because there is a
transfer of title only, will not result in any significant effects relating to traffic, noise, air quality,
or water quality. Any future development will be limited to construction of small structures or
facilities such as public parking and recreation/playground improvements.
K. The City hereby finds that the purchase of the Properties will assist in the elimination of
blight and is consistent with the adopted implementation plan.
L. The City hereby finds and determines that the information set forth herein is true and
correct.
M . The City hereby approves the purchase of the Properties.
Section 2. The City Manager or his/her designee is hereby authorized, on behalf of the City,
to execute such documents that are to be signed by the City in connection with the purchase, and
to make such changes of a non-substantive nature to such documents as the City Manager shall
deem appropriate. A copy of any such documents, when executed, shall be placed on file in the
office of the Clerk of the Council.
Section 3. The City Manager is hereby authorized, on behalf of the City, to sign all
documents necessary and appropriate to carry out and implement the purchase and to administer
the City's obligations, responsibilities and duties to be performed.
Section 4. Proceeds of the sale of said Properties to the City shall be deposited into the
Agency's Low-Moderate-Income Housing Fund.
Resolution No. 2010-062
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Section 5. The Clerk of the Council shall attest to and certify the vote adopting this
Resolution.
ADOPTED this 20th day of December 2010.
APPR
Jos6'6l
By:
Lisa . Sto
Assistant ity
AYES:
NOES:
TO FORM:
ier, City Attorney
ey
Councilmembers:
Councilmembers
Alvarez, Benavides, Bustamante. Martinez Tinaiero
Pulido (6)
None (0)
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers
None (0)
Sarmiento (1)
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No.
2010-062 to be the original resolution adopted by the City Council of the City of Santa Ana on
December 20, 2010.
Date:
Clerk of Council
City of Santa Ana
Resolution No. 2010-062
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