HomeMy WebLinkAboutCity Council - 2004-75 RESOLUTION NO. 2 0 0 4—7 5
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 MERGED
REDEVELOPMENT PROJECT 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
(2502 DELAWARE STREET)
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
Merged Redevelopment Project 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
Merged Redevelopment Project 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
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
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Resolution No, 2004-75
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 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 one (1)residential unit for sale to a very low income household
(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, et seq.) 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 proposed 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 of 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
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 Merged Redevelopment Project 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.
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Resolution No. 2004-75
5. The City Council finds and determines that the housing unit to be constructed by
the Agreement which is restricted to persons and families of very low income qualify as a
replacement dwelling unit for those dwelling units in the Project Area which were destroyed and
removed pursuant to the Redevelopment Project, or are required as a production unit 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 thereof held on the?0 t-h day of Se to _amber- , 200_A_.
REVIEWED AND APPROVED: APPROVED AS TO FORM:
ity Ad inistrator tky AttorneyE
it
INITIATED AND APPROVED:
Di ector of Economic bAvelopment
04reso/habitat-delaware 3
Res. No. 2004-75
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly appointed, 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 regular meeting thereof held on the 20th day of
September, 2004 by the following vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman
NOES: None
ABSENT: Cook, (Vacant Position Unfilled)
ABSTAIN: None
49�n)
Clerk and ex-offici Clerk of the
City Council of the City of
Huntington Beach, California