HomeMy WebLinkAbout04 - JOINT PH - Agmts - 602 N Garfield and 809-11 and 902 Brown St
TI T o
DECEMBER 20, 2010
TITL
JOINT PUBLIC HEARING -AGREEMENTS FOR
ACQUISITION AND SALE OF REAL PROPERTY AND
ESCROW INSTRUCTIONS FOR 602 N. GARFIELD
AVENUE AND 809-11 AND 902 BROWN STREET
>,.
CITY MANAGER EXECUTIVE DIRECTOR
-; °-'
CITY COUNCIL
L F I Y:
APPROVED
^ As Recammended
^ As Amended
^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing Far
CONTINUED TO
FILE NUMBER
1. Adopt a resolution making certain findings with respect to the consideration to be received by
the Community Redevelopment Agency pursuant to a Purchase and Sale Agreement
between the Agency and the City for the sale of various properties: 602 N. Garfield Avenue
and 809-11 Brown Street (APNs 398-312-10 & 11) and 902 Brown Street (APN 398-315-01).
2. Authorize the City Manager to execute all required documents for the acquisition of real
property from the Santa Ana Community Redevelopment Agency located at 602 N. Garfield
Avenue and 809-11 Brown Street (APNs 398-312-10 & 11) in the amount of $150,000, and
902 Brown Street (APN 398-315-01) for the amount of $95,000, plus normal closing costs and
escrow fees.
COMMUNITY REDE~/ELOPMENT AGENCY
Adopt a resolution authorizing the sale of Agency-owned property located at 602 N. Garfield
Avenue and 809-11 Brown Street (APNs 398-312-10 & 11) and 902 Brown Street (APN 398-315-
01) to the City of Santa Ana and authorizing the Executive Director to execute all required
documents.
DISCUSSION
During the course of its regular activities, the Community Redevelopment Agency acquired a
number of properties for residential development in what is now known as the Station District. The
4-1
Joint Public Hearing -Sale of Agency Owned Property
December 20, 2010
Page 2
subject properties, located in the Lacy neighborhood at 602 N. Garfield Avenue, and 809-11 and
902 Brown Street, are situated adjacent to Garfield Elementary School (Exhibit 1).
It was determined during community outreach efforts with area residents and the Santa Ana
Unified School District that the properties were better suited for open space uses to serve the
neighborhood. Specifically, the properties at 602 N. Garfield Avenue and 809-11 Brown Street
have been identified as a site for a public parking lot to service community/open space uses, and
the 902 Brown Street property is proposed to be developed as aneighborhood-serving open
space/park use. The design of the parking lot is underway. With respect to the open space lot,
sometimes referred to as the "tot lot," its design is yet to be determined. Recent community
meetings have been held to generate input on the use of the lot as well as the community center;
however, the priority at this time is finalizing the design, construction and joint use arrangements
for the community center. This action only facilitates transfer of ownership from the Agency to the
City. Future actions will address any construction on the properties.
Under the proposed purchase agreements, the Agency-owned properties will be purchased by the
City utilizing Community Development Block Grant (CDBG) funds. The properties are all currently
vacant and are being sold to the City for the appraised fair market value.
ENVIRONMENTAL COMPLIANCE
In accordance with the National Environmental Policy Act, a certification of Categorical Exclusion
and Statutory Worksheet has been prepared due to the use of Federal funds.
In accordance with the California Environmental Quality Act, 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 only 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 facililites such as public
parking and recreation/playground improvements.
4-2
Joint Public Hearing -Sale of Agency Owned Property
December 20, 2010
Page 3
FISCAL IMPACT
Funds to purchase the properties are available in the Community Development Block Grant Fund
account (no. 13518783-66100). Proceeds from the sale of the property to the City of Santa Ana
will be deposited in the Agency's Merged Housing Fund account (no. 50718002-58500).
APPROVED AS TO FUNDS AND ACCOUNTS:
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helly ndry-Gayle
Housing Manager
Community Development Agency
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Francisco Gutierrez
Executive Director
Finance & Management Services Agency
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Exhibit: 1. Map
2. Council Resolution
3. CRA Resolution
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EXHIBIT 1
12/9110 LES
RESOLUTION N0.2010-
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 seq.) 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
EXNIBII2
4 9
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..p.ublic.hearing.in._accordance .with state .law.......... _.....- .....- -. - .- -
I. 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 orhis/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 anon-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 Lovv-Moderate-Income Housing Fund.
4~6
Section 5. The Clerk of the Council shall attest to and certify the vote adopting this
Resolution.
ADOPTED this day of , 2010.
Miguel A. Pulido
...............
_._.... _ _ _ _.___ _...._ _ ..._....._ ..._ __ ._ .__ _.........Mayor_.. _--___. . _ _ _ .........................
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Lisa E. Storck
Assistant City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No.
2010- to be the original resolution adopted by the City Council of the City of Santa Ana on
Date:
Clerk of Council
City of Santa Ana
4~7
12/9/10 LES
RESOLUTION NO.2010-
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY FOR 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 EXECUTIVE
DIRECTOR TO EXECUTE DOCUMENTS AS NECESSARY;
AND MAK[NG CERTAIN FINDINGS WITH RESPECT
THERETO, ON BEHALF OF THE AGENCY
BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Board of the Community Redevelopment Agency 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 se .) 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 far 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 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 far eligible activities, per Title 24
CFR 570.201, in which the end use meets a U.S. Department of Housing and Urban
EX~HIB18T 3
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 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.
H. The Agency and City 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 accor--dance with state law.
I. 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 Agency hereby finds that the sale of the Properties will assist in the elimination of blight
and is consistent with fihe adopted implementation plan.
L. The Agency hereby finds and determines that the information set forth herein is true and
correct.
M .The Agency hereby approves the sale of the Properties to the City.
Section 2. The Executive Director or her/his designee is hereby authorized, on behalf of the
Agency, to execute such documents that are to be signed by the Agency in connection with the
sale, and to make such changes of anon-substantive nature to such documents as the Executive
Director shall deem appropriate.
Sect[on 3. The Executive Director is hereby authorized, on behalf of the Agency, 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. Proceeds of the sale of said Properties to the City shall be deposited into the
Agency's Low-Moderate Income Housing Fund.
Section 5. The Secretary for the Agency shall attest to and certify the vote adopting this
Resolution.
4r9
ADOPTED this day of , 2010.
Miguel A. Pulido
Chair
APPROVED AS TO FORM:
Joseph W. Fletcher, Agency General Counsel
By:
Lisa E. Storck
Assistant Counsel
AYES:
Boardmembers:
NOES: Boardmembers:
ABSTAIN: Boardmembers:
NOT PRESENT: Boardmembers:
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Secretary of the Community Redevelopment Agency, do hereby attest to
and certify the attached Resolution No. 2010- to be the original resolution adopted by the
Community Redevelopment Agency of the City of Santa Ana on , 2010.
Date:
Secretary, Community Redevelopment Agency
City of Santa Ana
410