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Home My WebLink AboutCity Council - 97-28 RESOLUTION NO. 97-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE TRANSFER AND SALE OF CERTAIN PROPERTY OUTSIDE OF THE REDEVELOPMENT PROJECT AREA, BUT IN BENEFIT TO THE MAIN-PIER REDEVELOPMENT PROJECT SUB AREA, TO HABITAT FOR HUMANITY OF ORANGE COUNTY, INC., A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION; APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT PERTAINING THERETO; AND MAKING CERTAIN FINDINGS WITH RESPECT TO SUCH SALE (7862 RONALD ROAD) WHEREAS,the Redevelopment Agency of the City of Huntington Beach (the "Agency") is engaged in activities necessary to carry out and implement the Redevelopment Plan for the Main-Pier Redevelopment Project Sub area(the "Project") and has adopted an Implementation Plan for the Project in accordance with California Health and Safety Code Section 33490 (the "Implementation Plan"); and California Health and Safety Code Section 33334.2 and the Redevelopment Plan for the Main- Pier Redevelopment Project Sub area("Project Area") authorizes and directs the Agency to expend not less than twenty percent(20%) of all taxes that are allocated to the Agency pursuant to California Health and Safety Code Section 33670 (all section references herein are to the Health and Safety Code unless otherwise specified) for the purpose 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; and Pursuant to applicable law the Agency has established a Low and Moderate Income Housing Fund ("Housing Fund"); and Pursuant to Section 33334.2(e), in carrying out its affordable housing activities, the Agency is authorized to provide subsidies to or for the benefit of very low income and lower income households, or persons and families of low and moderate income to the extent those households cannot obtain housing at affordable costs on the open market; and Pursuant to Section 33334.2(g), Huntington Beach City Council Resolution No. 6026 dated June 26, 1989, and Agency Resolution No. 174 dated June 26, 1989,the Agency is authorized to make expenditures from the Housing Fund outside redevelopment project areas if such use will be of benefit to one or more of the project areas; and l 4/s:PCD:Resolution:City7862 RLS 97-228 97-28 The Agency is required pursuant to Section 33413 to rehabilitate, develop or construct replacement dwelling units for those units housing persons and families of lower income which have been destroyed or removed from the lower income housing market as part of a redevelopment project; and The Agency has destroyed and removed certain units which housed persons of lower income within the Project Area; and In order to carry out and implement its affordable housing activities, the Agency proposes to sell certain property outside of the Project Area to Habitat for Humanity of Orange County, Inc. , a California Non-Profit Public Benefit Corporation(the "Developer"),to construct improvements thereon,pursuant to the terms and provisions of a certain Disposition and Development Agreement(the "Agreement"), which Agreement contains a description of said property and provides for the construction of three (3)three condominium residential units for sale to very low income households (the "Development"); and The Developer has submitted to the Agency and this City Council of the City of Huntington Beach copies of said proposed Agreement in a form desired by the Developer; and The Agency has reviewed and discussed said proposed Agreement, and has recommended that the City Council approve and the Agency enter into the Agreement; and Pursuant to the California Community Redevelopment Law(California Health and Safety Code, Sections 33000, e_t sea.)the Agency and the City Council held a joint public hearing on the proposed sale of such real property pursuant to such Agreement; having duly published notice of such public hearing and made copies of the proposed Agreement and other reports and documents available for public inspection and comment; and WHEREAS,the City Council has duly considered all terms and conditions of the proposed sale of real property and believes that the development of the real property pursuant to the proposed Agreement is in the best interests of the City and health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local law and requirements, NOW, THEREFORE, the City Council of the City of Huntington Beach, does hereby resolve as follows: 1. The City Council recognizes that it has received and heard all oral and written objections to the proposed Agreement, to the proposed sale of the real property and construction of the improvements thereon pursuant to the proposer!Agreement, and to other matters pertaining to this transaction, and that all such oral and written objections are hereby overruled. 2. The City Council hereby finds and determines that the consideration to be paid by the Developer for the sale of the real property as described in the Agreement is not less than the fair reuse value at the use and with the covenants and conditions and development costs 2 4/s:PCD:Reso1utiwCity7$82 RLS 97-228 97-28 authorized by the Agreement. The City Council hereby further finds and determines that all consideration to be paid under the Agreement is in amounts necessary to effectuate the purposes of the Redevelopment Plan for the Redevelopment project. 3. The City Council hereby finds and determines that the sale of the property is of benefit to the Main-Pier Redevelopment Project Sub area, and is consistent with the Implementation Plan. 4. The Project is categorically exempt from the provisions of the California Environmental Quality Act("CEQA")pursuant to Section 15303, Class 3 and Section 153012, Class 12 of the State CEQA Guidelines. 5. The City Council finds and determines that the housing units to be constructed by the Agreement which are restricted to persons and families of very low income qualify as replacement dwelling units for those dwelling units in the Project Area which were destroyed and removed pursuant to the Redevelopment Project, or are required as production units under Health and Safety Code Section 33413. 6. The sale of the real property and the Agreement which establishes the terms and conditions for the sale and development of the real property are hereby approved. 7. The City Council hereby authorizes the City Clerk to deliver a copy of this Resolution to the Executive Director and members of the Agency. A copy of the Agreement, when executed by the Agency, shall be placed on file in the office of the City Clerk. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held 21st day of Apri 1 1997. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: &d 4/rA minis for Director of Economic Development *Nll 3 4/s:PCD:Reso1utiwCity7682 RLs 97-228 Res. No. 97-28 STATE OF CALIFORNIA ) COUNTY OF ORANGE } ss: CITY OF HUNTINGTON BEACH ) 1, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an adjourned regular meeting thereof held on the 21st day of April, 1997 by the following vote: AYES: Julien,Hannan, Dettloff,Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None �G City Clerk and ex-officio Jerk of the City Council of the City of Huntington Beach, California Glresoluti/resbkpg/97-28