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HomeMy WebLinkAboutRedevelopment Agency - 351 RESOLUTION NO. 3 51 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING THE SALE OF CERTAIN PROPERTY OUTSIDE OF THE REDEVELOPMENT PROJECT AREA, BUT IN BENEFIT TO THE MERGED REDEVELOPMENT PROJECT AREA, TO HABITAT FOR HUMANITY OF ORANCE 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 DISPOSITION AND DEVELOPMENT AGREEMENT AND 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 Redevelopment Project(the "Project")and has adopted an Implementation Plan for the Redevelopment 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 04reso/habitat—Delware Agency 1 Resolution No. 351 In order to carry out and implement such Redevelopment Plan, 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 the City Council of the City of Huntington Beach copies of said proposed Agreement in a form desired by the Developer; and Pursuant to the proposed Agreement,the one (1) residential units in the Development(the "Affordable Units") will be occupied by and restricted to persons and families of very low income, at an affordable housing cost; and Pursuant to the proposed Agreement, certain Development Costs will be paid in part from a grant to be made by the Agency to Developer with Low and Moderate Income Housing Funds from the Redevelopment Project; 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 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; and The Agency 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 the 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 Redevelopment Agency of the City of Huntington Beach, does hereby resolve as follows: 1. The Agency recognizes that it has received and heard all oral and written objections to the proposed Disposition and Development 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. 04reso/habitat—Delware Agency 2 Resolution No. 351 2. The Agency 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 Agency 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 Agency finds and determines that expenditures from the Housing Fund as contemplated by the Agreement will directly and specifically benefit, improve and preserve the community's supply of low income housing within the meaning of Section 33334.2. 4. The Agency hereby finds and determines that the sale of the property and the expenditure of Housing Funds are of benefit to the Merged Redevelopment Project area, and is consistent with the Implementation Plan. 5. The sale of real property and the Disposition and Development Agreement which establishes the terms and conditions for the sale and development of the real property are hereby approved. ' 6. The Executive Director of the Agency (or his designee) is hereby authorized to execute the Disposition and Development Agreement on behalf of the Agency,provided that the City Council has first approved such Agreement and the sale of the real property and the construction of the improvements thereon pursuant thereto. A copy of the Agreement,when executed by the Agency, shall be placed on file in the office of the Secretary of the Agency. 7. * The Executive Director of the Agency (or his designee) is hereby authorized on behalf of the Agency, to sign all documents necessary and appropriate to carry out and implement the Agreement and to administer the Agency's obligations, responsibilities and duties to be performed under said Agreement. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of September ,200 4 . GUiAan REVIEWED AND APPROVED: Jency PROVED AS TO FORM: xecutive Director Genera( Counsel INI IATED AND APPROVED: C- De uty Executive Director 04reso/habitat—Delware Agency 3 Res. No. 351 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH ) I, JOAN FLYNN, Clerk of the Redevelopment Agency of the City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a regular meeting of said Redevelopment Agency held on the 20th day of September 2004 and that it was so adopted by the following vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman NOES: None ABSENT: Cook, Vacant Unfilled Position ABSTAIN: None Ork of the Redevelopriont Agency of the City of Huntington Beach, CA