Loading...
HomeMy WebLinkAbout99-21 - Approving the purchase and sale agreement between the City of Costa Mesa and the Costa Mesa Redevelopment Agency�c2 4% RESOLUTION NO. 99-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF COSTA MESA AND THE COSTA MESA REDEVELOPMENT AGENCY; CONSENTING TO THE AFFORDABLE HOUSING AGREEMENT BETWEEN THE COSTA MESA REDEVELOPMENT AGENCY AND HABITAT FOR HUMANITY; AND MAKING CERTAIN OTHER FINDINGS IN CONNECTION THEREWITH. WHEREAS, the City of Costa Mesa (the "City") is a California municipal corporation, and the Costa Mesa Redevelopment Agency (the "Agency") is a community redevelopment agency duly organized and existing under the California Community Redevelopment Law, Health and Safety Code Section 33000, et seq. (the "CRL"); and WHEREAS, Sections 33334.2 and 33334.6 of the CRL authorize and direct the Agency to expend a certain percentage of all taxes which are allocated to the Agency pursuant to Section 33670 for the purposes of increasing, improving, and preserving the community's supply of low and moderate income housing available at affordable housing costs to persons and families of low and moderate income, lower income, and very low income; and WHEREAS, pursuant to the CRL, the Agency has established a Low and Moderate Income Housing Fund (the "Housing Fund"); and WHEREAS, pursuant to Section 33334.2(e) in carrying out its affordable housing activities, the Agency is authorized to cause the construction and completion of new housing and to provide subsidies to or for the benefit of very low income and lower income households, or persons and families of low or moderate income, to the extent those households cannot obtain housing at affordable costs on the open market; and WHEREAS, the City is a participant in the United States Department of Housing and Urban Development ("HUD") HOME Investment Partnerships Act, 42 U.S.C. Section 12701, et seq. (the "HOME Program"); and WHEREAS, pursuant to the CRL, the HOME Program, and the implementing HOME Regulations, 24 CFR Section 92.1, et seq., the City, through its redevelopment agency, may provide financial assistance to qualified developers to acquire, construct, and develop new affordable housing; and WHEREAS, the Agency and Habitat for Humanity of Orange County, Inc., a California nonprofit corporation, ("Developer") previously entered into an agreement entitled Affordable Housing Agreement dated September 14, 1998 ("Agreement"), under which the Agency agreed to participate with the Developer in construction, development, and operation of a new construction affordable housing project; and WHEREAS, the Agency desires to amend the Agreement by the First Amendment to the Affordable Housing Agreement to substitute one new separate property (hereinafter referred to as Agency Parcel 5) for acquisition by the Agency from the City, and thereafter disposition by the Agency to the Developer and the development of additional affordable housing in lieu of proceeding with Agency Parcels 2, 3, and 4 under the original Agreement; and WHEREAS, in addition to adding Agency Parcel 5 by the First Amendment to the Affordable Housing Agreement, the Agency desires to identify and add two additional properties (hereinafter referred to as Agency Parcels 6 and 7) for potential 248 acquisition by the Agency from the City and inclusion for another separate affordable housing project with the Developer; and WHEREAS, the newly selected Agency Parcel 5, and potentially Agency Parcels 6 and 7 include: (1) 2136 Wallace Avenue (Agency Parcel 5), (ii) 282 Del Mar Avenue (Agency Parcel 6), and (iii) 286 Del Mar Avenue (Agency Parcel 7); and WHEREAS, the Agency desires to cause Agency Parcel 5 to be made available to the Developer for disposition and development thereon of one (1) new single-family home, and thereafter purchase and long term ownership and occupancy by an eligible Family/Program Participant ("Project"); and WHEREAS, if and when selected by the Agency, the additional Agency Parcel 6 and Agency Parcel 7, together, would be made available to the Developer to be assembled and subdivided for development of three (3) new single-family homes, and thereafter, purchase and long-term ownership and occupancy by eligible Program Participants; and WHEREAS, the Agency has previously considered the Developer's proposal for the modified Project on Agency Parcel 5 and an application for funding with Agency Housing Fund monies and other contributions as eligible HOME Program match -eligible housing to assist in the purchase of Agency Parcel 5, and the construction and development of the Project, and has directed the negotiation of documents in order to implement the Developer's proposal; and WHEREAS, pursuant to Section 33433 of the CRL, the Agency is authorized, with the approval of the City Council after a duly noticed public hearing, to sell Agency Parcel 5 for development, pursuant to the Redevelopment Plan upon a determination by the City Council that the sale of property will assist in the elimination of blight, that the consideration for such sale or lease is not less than either the fair market value or fair reuse value of the subject property in accordance with the covenants and conditions governing the sale or lease and the development costs required thereof, and that the sale or lease is consistent with the Implementation Plan adopted by the Agency pursuant to CRL Section 33490; and WHEREAS, the participation in the Project will be in the public interest in that it will increase affordable housing within the City; and WHEREAS, in order to carry out and implement the Redevelopment Plan and the affordable housing requirements thereof, the Agency proposes to enter into the First Amendment to the Affordable Housing Agreement with the Developer and said agreement calls for the Agency to convey Agency Parcel 5 which property is currently owned by the City, to the Developer, after the Agency acquires Agency Parcel 5 from the City pursuant to a Purchase and Sale Agreement between the City and Agency; and WHEREAS, in order to obtain fee title to Agency Parcel 5 and carry out and implement the Affordable Housing Agreement, and First Amendment to the Affordable Housing Agreement it is necessary for the Agency to enter into the Purchase and Sale Agreement with the City; and WHEREAS, the City is authorized to aid and cooperate with the Agency in the planning, undertaking, construction, or operation of redevelopment projects pursuant to Section 33220 of the CRL; and WHEREAS, the City Council has duly considered all terms and conditions of the proposed First Amendment to the Affordable Housing Agreement and Purchase and Sale Agreement and believes that such agreements are in the best interests of the Agency and the City and the health, safety, and welfare of its residents, and in accordance with the public purposes and provisions of applicable State and local law requirements; and WHEREAS, a joint public hearing of the Agency and the City Council on the proposed First Amendment to the Affordable Housing Agreement was duly noticed in accordance with the requirements of CRL Section 33433; and WHEREAS, the proposed First Amendment to the Affordable Housing Agreement, and a summary report meeting the requirements of CRL Section 33433, were available for public inspection consistent with the requirements of CRL Section 33433; and WHEREAS, on April 12, 1999, the Agency and the City Council held a joint public hearing on the proposed First Amendment to the Affordable Housing Agreement, at which time the Agency reviewed and evaluated all of the information, testimony, and evidence presented during the joint public hearing; and WHEREAS, the City Council has reviewed the summary report required pursuant to CRL Section 33433 and evaluated other information provided to it pertaining to the findings required pursuant to CRL Section 33433; and WHEREAS, the First Amendment to the Affordable housing Agreement will assist in the furtherance of the goals and objectives of the Redevelopment Plan and Implementation Plan by providing affordable housing to the community; and WHEREAS, the summary report states that the price to be paid for Agency Parcel 5 pursuant to the First Amendment to the Affordable Housing Agreement is not less than the estimated fair reuse value thereof based on the covenants, conditions, and restrictions provided in such agreement; and WHEREAS, the Agency has adopted an Implementation Plan pursuant to CRL Section 33490, which sets forth the objective of meeting certain affordable housing objectives in the community, including creation of new affordable housing; and WHEREAS, the First Amendment to the Affordable Housing Agreement furthers the goals of the Agency set forth in the Implementation Plan since it will help to increase affordable housing in the community; and WHEREAS, the City Council has duly considered all terms and conditions of the proposed First Amendment to the Affordable Housing Agreement and Purchase and Sale Agreement and believes the Project is in the best interests of the City and the health, safety, and welfare of its residents, and in accordance with the public purposes and provisions of applicable State and local laws and requirements; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa as follows: Section 1. The City Council hereby finds the Project contemplated pursuant to the First Amendment to the Affordable Housing Agreement and Purchase and Sale Agreement for disposition of Agency Parcel 5 by the City to the Agency is categorically exempt, Class 3, under the California Environmental Quality Act (CEQA)(California Public Resources Code Section 21000 et seq.) pursuant to Section 15312 of the CEQA Guidelines, and that all applicable requirements of the National Environmental Policy Act of 1969 associated with the Project have been satisfied. The environmental assessment of the Project has been undertaken by the City pursuant to a Preliminary Environmental Description prepared in connection with the processing and approval of the entitlement for the proposed Project ("Entitlement"). On that basis, the City Council hereby approves a Notice of Exemption and directs the Deputy City Clerk, or his/her designee, to file the Notice of Exemption with the County Clerk of the County of Orange within five (5) days hereof. Section 2. The City Council hereby finds and determines that the sale of Agency Parcel 5 pursuant to the First Amendment to the Affordable Housing Agreement and Purchase and Sale Agreement will further the affordable housing goals and objectives of the Redevelopment Plan and the Implementation Plan. 250 Section 3. The City Council finds and determines that the consideration for the Agency's sale of Agency Parcel 5 pursuant to the terms and conditions of the First Amendment to the Affordable Housing Agreement (and the Purchase and Sale Agreement) is not less than the fair reuse value of Agency Parcel 5 in accordance with covenants and conditions governing the disposition required under such agreements. Agency Parcel 5 is being conveyed by the Agency to the Developer at a value permitted pursuant to Section 33334.2 et seq. of the Community Redevelopment Law. Section 4. The City Council hereby finds and determines that the First Amendment to the Affordable Housing Agreement and Purchase and Sale Agreement are consistent with the provisions and goals of the Implementation Plan. Section 5. The City Council hereby consents to the disposition of Agency Parcel 5 by the Agency pursuant to the First Amendment to the Affordable Housing Agreement and consents to the First Amendment to the Affordable Housing Agreement. Section 6. The City Council hereby approves the Purchase and Sale Agreement for disposition of Agency Parcel 5 by the City to the Agency, with such changes mutually agreed upon by the City Manager and the Agency Executive Director as are minor and in substantial conformance with the form of the agreement which has been submitted herewith. The Mayor and Deputy City Clerk are hereby authorized to execute and attest the Purchase and Sale Agreement, including any related attachments, on behalf of the City. In such regard, the City Manager is authorized to cause the Mayor and Deputy City Clerk to sign the final version of the agreement after completion of any such non -substantive, minor revisions to said agreement has been completed. A copy of the final agreement when executed by the Mayor and attested by the Deputy City Clerk shall be placed on file in the office of the City Clerk. Further, the City Manager is authorized to implement the Purchase and Sale Agreement and take all further actions and execute all documents necessary or appropriate to carry out the agreement. The City Manager is hereby authorized, to the extent necessary during the implementation of the Purchase and Sale Agreement, to make technical or minor changes to such agreements after execution, as necessary to properly implement and carry out said agreement, said changes shall not in any manner materially affect the rights and obligations of the City. Section 7. The Deputy City Clerk shall certify to the adoption of this resolution. PASSED AND ADOPTED this 12" day of April, 1999. (D(_ - Mayor of th4 City of Costa Mesa ATTEST: T Deputy Cit a lerk of the City of Costa Mesa 1 251 STATE OF CALIFORNIA COUNTY OF ORANGE ss CITY OF COSTA MESA I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 99-21 was duly and regularly passed and adopted by the said City Council at a special joint City Council/Redevelopment Agency meeting held on the 12' day of April, 1999, by the following roll call vote: AYES: Cowan, Erickson, Somers, Dixon NOES: Monahan ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 13th day of April, 1999. I• Deputy City Perk and ex -officio Clerk of the City Coun it of the City of Costa Mesa 1