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Home My WebLink About2005-011 , , NOTE: SEE COMPANION RESOLUTION NO. CDC/2005-1 RESOLUTION NO. ~05-11 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE 2005 MEADOWBROOK SINGLE FAMILY RESIDENTIAL DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND MEADOWBROOK PARK HOMES, INC. (AFFORDABLE HOUSING DEVELOPMENT - IVDA REDEVELOPMENT PROJECT AREA) 3 4 5 6 7 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a 8 public body corporate and politic; and 9 WHEREAS, the Agency owns eight (8) real properties as follows: 10 174 N. Allen (APN: 0135-291-18); 168 N. Allen (APN: 0135-291-19); 192 E. King St. (APN: 0135-291-21); 186 E. King St. (APN: 0135-291-22); 199 E. King St. (APN: 0135-292-14); 140 11 12 N. Allen St. (APN: 0135-292-15); Vacant (APN: 0135-392-36); and Vacant (APN: 0135-392- 13 37); and 14 WHREAS, each of the parcels of land identified above is referred to as "Agency Lot" and collectively these Agency Lots are referred to as the "eight (8) Agency Lots"; and WHEREAS, the Agency acquired the eight (8) Agency Lots using 10w- and moderate- 15 16 17 income housing tax increment set-aside funds in the amount of$844,550; and 18 WHEREAS, the Agency proposes to transfer the eight (8) Agency Lots to Meadowbrook Park Homes, Inc., a California corporation (the "Developer") in accordance with 19 the terms and conditions of an agreement entitled "2005 Meadowbrook Single Family 20 21 Residential Development Agreement (Meadowbrook Restoration Area)", dated as of January 22 10,2005 (the "2005 Agreement"); and WHEREAS, the Developer shall develop and improve each such Agency Lot as may hereafter be transferred by the Agency to the Developer pursuant to the 2005 Agreement with a New Home, using the design and improvement standards which are consistent with City 23 24 25 4815.9755-5968.1 -1- P:\Ai;euIu\kaobAioDI\IlaoJutionl\2OOS\05-0I-IO Mo.Iowbrook PIrk Homai MCC Reso.doc 2005-11 2 Development Permit III No. 03-34, as previously approved by the Planning Commission on November 18, 2003 under the 2003 Agreement; and WHEREAS, the Developer has the background, experience and financial capability 0 3 4 developing the Project and has been successful in securing a construction financial commitmen in support of the Project; and WHEREAS, the Agency has prepared and published a notice of joint public hearing i The San Bernardino County Sun Newspaper on November 22 and 29, 2004, regarding th consideration and approval of the 2005 Agreement; and 5 6 7 8 9 WHEREAS, pursuant to Health and Safety Code Section 33433(c), the Agency transfer the Agency Lots to the Developer subject to the Mayor and Common Council adopting Resolution authorizing the Agency to transfer such Agency Lot in light of the findings set fo herein, pursuant to Health and Safety Code Section 33433; and WHEREAS, the Agency has prepared a Summary Report that describes the salient poin of the 2005 Agreement and identifies the cost to the Agency of the disposition of the eight (8 Agency Lots and the development of the Project. 10 11 12 13 14 15 16 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 17 18 Section 1. The Recitals of this Resolution are true and correct. 19 Section 2. On January 10, 2005, the Mayor and Common Council conducted a ful 20 23 and fair joint public hearing with the Commission, and considered the written Agency sta report relating to the 2005 Agreement, the Summary Report and the testimony submitted relatin to the disposition and redevelopment of the Project by the Developer pursuant to the terms an conditions of the 2005 Agreement. The minutes of the City Clerk for the January 10,2005, join public hearing of the City Council and the Commission shall include a record of al communication and testimony submitted to the City Council and the Commission at the join 21 22 24 25 4815-9755-5968.1 -2- P:\ApDdu\IlIIoluliou\RetoMioIIJ\200S\Os-GI-IO Meadowbrook pld Home:I MCC JleItO.doc 2005-11 public hearing by interested persons relating to the Summary Report, the Project and th 2 approval of the 2005 Agreement. 3 Section 3. This Resolution is adopted in order to satisfy the provisions of Health an 4 Safety Code Section 33433 as those provisions relate to the disposition of the eight (8) Agenc 5 Lots by the Agency to the Developer on the terms and conditions set forth in the 200 6 Agreement. The City Council hereby finds and determines as follows: 7 (i) The Summary Report contains the information described in Health and Safet 8 Code Section 33433(a)(2)(B); 9 (ii) The disposition and redevelopment of the eight (8) Agency Lots by the Develope in accordance with the 2005 Agreement is consistent with the affordable singl family housing supply preservation and expansion programs of the Agenc Housing Implementation Plan; 17 Section 5. The Mayor and Common Council hereby receIve 10 11 12 Section 4. The Mayor and Common Council hereby find and determine that th 13 14 environmental review of the approval of the 2005 Agreement and the redevelopment activitie contemplated thereunder is a "categorically exempt project" for the reasons indicated in th Agency Staff Report. No potentially adverse environmental effects are anticipated to b associated with the redevelopment of the Project. 15 16 18 Summary Report and the 2005 Agreement in the form as submitted at this joint public hearing. 19 Section 6. The Mayor and Common Council hereby approve the disposition of th 20 eight (8) Agency Lots by the Agency to the Developer on the terms set forth in the 200 Agreement. 21 22 Section 7. The City is not a party to the 2005 Agreement, and nothing in thi 23 Resolution shall be deemed to constitute an approval by the City of any application for 24 development project permit or approval which the Developer may hereafter be required to ob ' 25 from the City as a condition precedent to the performance of the Developer's obligation und 4815-9755-5968,\ -3- P:\Apndu\1tcsolutioal\1lelokdioas\200S\OS-OI-IO Meadowbrook Park Homes Mec 1Wo.ckK: 2005-11 the 2005 Agreement with respect to the redevelopment of the Project and/or the construction 0 2 any New Home on any of the Agency Lots. The City hereby reserves its discretion under al 3 applicable law to approve or reject, and to impose any appropriate condition of its approval 0 4 any such development project permit application as the Developer may hereafter submit to th 5 City in connection with the Project. 6 Section 8. This Resolution shall take effect upon its adoption and execution in th 7 manner as required by the City Charter. 8 1/1 9 1/1 10 11/ 11 1/1 12 1/1 13 1/1 14 11/ 11/ 15 1/1 16 1/1 17 11/ 18 1/1 19 11/ 20 11/ 21 1/1 22 1/1 23 1/1 24 11/ 25 48\5-9755-5968.\ -4- P:\ApQISIII\bsollltiou\RpJlutiom\2llOS\05-01-10 Moadowbrook Park HomA Mec llAo.dot 2005-11 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE 2005 MEADOWBROOK SINGLE FAMILY RESIDENTIAL DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND MEADOWBROOK PARK HOMES, INC. (AFFORDABLE HOUSING DEVELOPMENT - IVDA REDEVELOPMENT PROJECT AREA) 2 3 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint adjourned Common Council of the City of San Bernardino at a regular meeting thereof, held 7 8 on the 10th day of January , 2005, by the following vote to wit: 9 Council Members: 10 ESTRADA Aves x Abstain Absent Navs 11 LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MC CAMMACK x x x 12 x 13 x 14 x 15 16 17 ~1J.~ I G. Clark, City Clerk 18 19 il The foregoing resolution is hereby approved this / / 20 ,2005. January 21 22 23 Approved as to form and Legal Content: 24 By: ~ ~ 1- Pv,J\NV'4- oty Attorney 25 4815-9755-5968.1 -5- r:~luIio1U1\J1.no1utionl\100S\OS-OI-IO MeIdowbrook Park HomeI MCC Ilno.do<: