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Home My WebLink About2016-022 - Acquisition of Property from the Santa Ana Housing Authority 710 East Sixth Street etc.RESOLUTION NO. 2016 -022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SANTA ANA HOUSING AUTHORITY LOCATED AT 710 EAST SIXTH STREET, 714 EAST SIXTH STREET, 720 EAST SIXTH STREET, 415 SOUTH RAITT STREET, AND 423 SOUTH RAITT STREET 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. California Health and Safety Code Sections 33334.2 and 33334.6 formerly authorized and directed the Santa Ana Redevelopment Agency (the "Redevelopment Agency ") to expend a certain percentage of all taxes which are allocated to the Redevelopment Agency pursuant to Section 33670 of the California Health and Safety Code for the purposes of increasing, improving and preserving the community's supply of low and moderate income housing available at affordable housing cost to persons and families of low- and moderate - income, lower income, and very low income. B. Pursuant to applicable law the Redevelopment Agency established a Low and Moderate Income Housing Fund (the "Housing Fund ") and acquired certain property with the purpose of using such property for the provision of affordable housing. C. By ABx1 26 enacted by the California Legislature during 2011 (as amended from time to time, the "Dissolution Act "), the California Legislative eliminated every redevelopment agency within the State of California, including the Redevelopment Agency. D. The Dissolution Act provides, in part, that the host city of a redevelopment agency was to designate a housing entity to receive the housing assets of the former redevelopment agency within such city. E. The City Council of the City of Santa Ana ( "City ") designated the Santa Ana Housing Authority (the "Authority ") as the housing entity to receive the housing assets of the former Redevelopment Agency. F. The Redevelopment Agency utilized moneys from its Housing Fund in connection with the acquisition of certain sites, delineated as follows: (i) 710 E. 6th Street, consisting of approximately 0. 14 acres, APN 398- Resolution No. 2016 -022 Page 1 of 4 334 -03; (ii) 714 E. 6th Street, consisting of approximately 0.14 acres, APN 398 - 334 -04; (iii) 720 E. 6th Street, consisting of approximately 0.14 acres, APN 398 - 334 -05; (iv) 415 S. Raitt Street, consisting of approximately 0.44 acres, APN 007 - 273 -12, and (v) 423 S. Raitt Street, consisting of approximately 0.57 acres, APN 007 - 273 -14 (collectively referred to herein as the "Properties "). G. Pursuant to the Dissolution Act, the Authority prepared and the California Department of Finance approved a Housing Asset Transfer Form, which listed the housing assets of the Redevelopment Agency eligible and required to be transferred to the Authority. The Properties were included on the approved Housing Asset Transfer Form. H. The Properties are not suitable for use by the Authority. However, the City believes that the Properties will be useful in pursuing the public purpose activities of the City. The respective staffs of the City and the Authority have reviewed the fair market value of the Properties, as aggregated, and have concluded that the value of such Properties are consistent with the purchase price as set forth in the draft "Purchase and Sale Agreement' in the form submitted to the City and the Authority concurrently herewith (the "Agreement'). J. The City Council has duly considered all terms and conditions of the proposed Agreement and believes that the Agreement is in the best interests of the Authority and the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. K. A joint public hearing of the Authority and City Council on the proposed Agreement was duly noticed in accordance with Health and Safety Code Sections 33431 and 34312.3(b). L. On April 5, 2016, the governing board of the Authority and the City Council held a joint public hearing on the proposed Agreement, at which time the City Council and the Authority reviewed and evaluated all of the information, testimony, and evidence presented during the joint public hearing. M. All actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner. N. The City Council has reviewed the staff report in connection with this matter and has evaluated other information provided to it pertaining to the findings proposed to be made hereunder. Resolution No. 2016 -022 Page 2 of 4 O. The price at which the Properties will be conveyed to City represents the fair market value of the Properties. P. All actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner. Q. The Authority and the City Council have duly considered all of the terms and conditions of the proposed Agreement and believe that the sale of the Properties pursuant to the Agreement is in the best interests of the City of Santa Ana and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. Section 2. The City Council hereby finds and determines that the disposition by sale of the Properties by the Authority to the City pursuant to the Agreement will further the achievement of the City's public purposes by making property available for use by the City. Section 3. The City Council finds and determines that, based upon substantial evidence provided in the record before it, the consideration for the Authority's sale of the Properties to the City pursuant to the terms and conditions of the Agreement is not less than the fair market value of the Properties. Section 4. The City Council hereby approves the Agreement in substantially the form presented to the City Council, subject to such revisions as may be made by the City Manager, or designee. The City Manager is hereby authorized to execute the Agreement, as so revised (including without limitation all attachments thereto), on behalf of the City, together with any instruments necessary or convenient to implement the Agreement. A copy of the Agreement shall, when executed by the City, be placed on file in the office of the Clerk of the Council. Section 5. The City Manager, or designee, is hereby authorized, on behalf of the City, to make revisions to the Agreement which do not materially or substantially increase the City's obligations thereunder or materially or substantially change the uses or development permitted on the Properties, to sign all documents, to make all approvals and take all actions necessary or appropriate to carry out and implement the Agreement and to administer the City's obligations, responsibilities and duties to be performed under the Agreement and related documents. ADOPTED this 5th day of April, 2016. Resolution No. 2016 -022 Page 3 of 4 APPROVED AS TO FORM: Sonia R. Carvalho City 0 AYES: Councilmembers NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Amezcua, Benavides, Pulido, Reyna, Martinez, Sarmiento, Tinalero (7) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016 -022 to be the original resolution adopted by the City Council of the City of Santa Ana on April 5, 2016. Date:/ I �Ully Resolution No. 2016 -022 Page 4 of 4 Clerk of the Council City of Santa Ana