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sr-071012-3ela® C;,Yof City Council Report Santa monies° City Council Meeting: July 10, 2012 Agenda Item: 3E To: Mayor and City Council From: Andy Agle, Director of Housing and Economic Development Subject: Disposition of City -Owned Property at 1920 Ocean Way Recommended Action Staff recommends the City Council: 1. Adopt the resolution provided as Attachment A to reject all offers for the purchase of 1920 Ocean Way and declare and determine that such real property may be sold in the open market, pursuant to Municipal Code Section 2.24.110; and 2. Authorize staff to negotiate to sell the City -owned property located at 1920 Ocean Way in the open market, subject to City Council approval. Executive Summary The City received 15 offers to purchase City- owned, vacant land at 1920 Ocean Way. The offers ranged widely in terms of both purchase price and contingencies to be met prior to completing the sale. Staff believes that direct negotiation with interested buyers is in the best interest of the City, as that approach would allow for competing and counter -offers among multiple buyers. This process is expected to achieve more favorable terms including the best price, minimal contingencies and a short escrow period. Staff would return to Council following conclusion of negotiations to seek authorization to enter into a purchase and sale agreement. Background The City -owned property at 1920 Ocean Way ( "Property ") is a vacant lot immediately south of the Casa Del Mar Hotel. The site is approximately 23,000 square feet, is zoned R -4, and is included in the Beach Overlay Zone. The City's 20 -year history with the site and its commitment to utilize it for affordable housing is provided in a November 11, 2008 City Council staff report. On November 22, 2011, Council authorized staff to solicit bids for the sale of 1920 Ocean Way at no less than market value. On March 19, 1 2012, staff issued a Request for Letters of Interest (RLOI) seeking offers to purchase the property. Discussion Pursuant to the RLOI, the City received 15 letters of interest on or before May 17, 2012. The letters of interest include 12 cash offers, as well as one proposal to exchange property, one proposal to increase affordability on deed - restricted units currently in development, and one proposal to best any offer by 10 percent. Attachment B provides a summary of the offers. The cash offers ranged from $6.45 million to $15.75 million and included a range of contingencies. Contingencies included requirements to obtain land -use entitlements or secure investor capital prior to close of escrow. As such offers include significant uncertainties related to a prospective buyer's ability to secure land -use entitlements or find third -party investors in a timely manner, the value to the City of such offers could decrease significantly. The City also received three non -cash offers. One offer proposes to exchange a 7,500 square foot property at 603 Arizona Avenue in Santa Monica, currently in development proposing 39 units, for the City's property. Another offer proposes to increase affordability levels on 42 apartments currently in development from the low income level (80 % of area median income) to the very low income level (50% of area median income). The third offer proposes to best all others by 10 percent. Staff also evaluated the benefits to affordable housing from selling the property relative to using the site to develop affordable housing. Based on recent City housing loans, staff estimates that selling the property at the highest offered price of $15.75 million could produce approximately 60 to 80 affordable apartments elsewhere in Santa Monica, depending on the exact location, land price, and construction costs. Selling the property at the second - highest price of $12.5 million could produce 50 to 65 affordable W apartments. By comparison, 1920 Ocean Way could accommodate approximately 25 to 36 affordable apartments, depending on how parking is addressed at the beach -level site. Furthermore, the City would need to invest an additional $5 to $16 million to build an affordable housing development at 1920 Ocean Way. The broad funding range stated above reflects a variety of development scenarios involving number of units, parking costs, and uncertainty about successfully leveraging the highest level of tax - credit financing. In conclusion, the RLOI process demonstrated that significant interest in the purchase of 1920 Ocean Way exists in the open market. However, the range of price offers coupled with varying contingencies makes direct comparisons difficult without further negotiation with prospective buyers. Negotiation between the City and interested buyers is expected to allow for the highest and best offer to surface. As a result, staff recommends rejecting all offers submitted in the RLOI process and pursuing sale of the property through direct negotiation with buyers. Environmental Analysis Sale of the subject property is categorically exempt from environmental review pursuant to CEQA Guideline 15312, as it involves the sale of surplus governmental property for which the use of the property and adjacent property has not changed since it was bequeathed to the City. Should the successful purchaser of the property pursue development of the site, such development would be subject to CEQA review. 3 Financial Impacts & Budget Actions There is no immediate financial impact to the policy decision. The amount of sale proceeds would be identified when staff returns to Council for consideration of entering into a purchase and sale agreement. Citywide Housing Trust Fund. Sale proceeds would be deposited into the Prepared by: Jim Kemper, Housing Administrator Hnay Hgie, uirector Housing and Economic Development Forwarded to Council: t� Rod Gould City Manager Attachments: A. Resolution to Reject All Offers and Pursue Direct Negotiation B. Summary of Letters of Interest Offers Cl Reference Resolution No. 10693 (CCS)