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HomeMy WebLinkAbout2005-080 , 1 RESOLUTION NO, ---1QQ.?.=80 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE DISPOSITION AND DEVELOPMENT OF THE PROPERTY (155 E. 2ND STREET) TO MEADOWBROOK PARK HOMES, INC" PURSUANT TO THE APPROVED 2005 MEADOWBROOK SINGLE FAMILY RESIDENTIAL DISPOSITION AND DEVELOPMENT AGREEMENT (IVDA REDEVELOPMENT PROJECT AREA) 3 4 5 6 7 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") 8 is a public body corporate and politic; and WHEREAS, the Agency owns property at 155 East 2nd Street (APN: 0135-291-10) (the 9 "Property"); and 10 11 WHEREAS, the Property was acquired using low- and moderate-income housing set- aside funds in the amount of $16,200 and estimated legal expenses of $1,501 for a total expenditure of$17,701; and WHEREAS, the Agency proposes to transfer the Property to Meadowbrook Park Homes, Inc., a California Corporation (the "Developer") in accordance with the terms and conditions of the approved agreement entitled "2005 Meadowbrook Single Family Residential Development Agreement (Meadowbrook Restoration Area)", dated as of January 10,2005 (the 12 13 14 15 16 17 "2005 Agreement"); and 18 WHEREAS, the Developer shall develop and improve the Property as may hereafter be transferred by the Agency to the Developer pursuant to the 2005 Agreement with a New Home, using the design standards of City Development Permit ill No. 03-34, as previously approved by the Planning Commission on November 18; and WHEREAS, the Agency has prepared and published a notice of joint public hearing . The San Bernardino County Sun Newspaper on March 17 and 24, 2005, regarding the approva of the disposition and development of the Property; and WHEREAS, pursuant to Health and Safety Code Section 33431 and 33433, the Agenc may transfer the Property to the Developer subject to the Mayor and Common Council adoptin 19 20 21 22 23 24 25 -1- P:\Aphdu\Houl.. Aqthority\OS-04-04MBPropaty 155 E 2DdSt. MCC l.eIo C,doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a Resolution authorizing the Agency to transfer the Property in light of the findings set fo herein, and the Agency has prepared a Summary Report that describes the salient points of th disposition of the Property to the Developer and identifies the cost of the 2005 Agreement to th Agency. NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Section 1. The Recitals of this Resolution are true and correct. Section 2. On April 4, 2005, the Mayor and Common Council conducted a full an fair joint public hearing with the Community Development Commission and Housing Authority and considered the written Agency staff report relating to the disposition and development ofth Property, the Summary Report on file with the Agency Clerk, and the testimony submitt relating to the disposition and development of the Property by the Developer pursuant to th terms and conditions of the approved 2005 Agreement. The minutes of the City Clerk for th April 4, 2005, joint public hearing shall include a record of all communication and testimon submitted to the Common Council, Authority, and the Commission at the joint public hearing b interested persons relating to the disposition and development of the Property. Section 3. This Resolution is adopted in order to satisfy the provisions of Health an Safety Code Section 33433 as those provisions relate to the disposition of the Property by th Agency to the Developer on the terms and conditions set forth in the approved 2005 Agreement The Common Council hereby finds and determines as follows: (i) The Summary Report on file with the Agency Clerk contains the informatio described in Health and Safety Code Section 33433(a)(2)(B); (ii) The disposition and development of the Property by the Developer is i accordance with the approved 2005 Agreement and is consistent with th affordable housing preservation and expansion programs of the Agency Housin Implementation Plan; -2- P:\ApDdu\Houlq AIItAority..o5-04-04 MBI'roperty 155 E WSt, MCC1lelo C.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Section 4. The Mayor and Common Council hereby find and determine !hat th environmental review of the approval of the disposition and development of the Propert 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 development of the Property. Section S. The Mayor and Common Council hereby approves the Summary Repo on file with the Agency Clerk pursuant to the approved 2005 Agreement. Section 6. The Mayor and Common Council hereby approves the disposition of th Property by the Agency to the Developer on the terms set forth in the approved 2005 Agreement. Section 7. The City is not a party to the 2005 Agreement, and nothing in thi Resolution shall be deemed to constitute an approval by the City of any application for development project permit or approval which the Developer may hereafter be required to obtai from the City as a condition precedent to the performance of the Developer's obligation unde the 2005 Agreement with respect to the development of the Property and/or the construction 0 the New Home. The City hereby reserves its discretion under all applicable law to approve 0 reject, and to impose any appropriate condition of its approval on any such development projec permit application as the Developer may hereafter submit to the City in connection with th Property. Section 8. This Resolution shall take effect upon its adoption and execution in th 20 manner as required by the City Charter. /II 21 /II 22 /II 23 /II 24 /II 25 /II -3- ':\ApsIdu\HouIiDa Authority\OS-04-04 MBProperty 155 B 2DdSt. MCC Ilao C.doe r ----~---- 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE DISPOSITION AND DEVELOPMENT OF THE PROPERTY (155 E. 2ND STREET) TO MEADOWBROOK PARK HOMES, INC., PURSUANT TO THE APPROVED 2005 MEADOWBROOK SINGLE FAMILY RESIDENTIAL DISPOSITION AND DEVELOPMENT AGREEMENT (IVDA REDEVELOPMENT PROJECT AREA) 2 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a joint re~lI'''r meeting thereof, held 7 on the 4 th day of April , 2005, by the following vote to wit: 8 Council Mernbers: Aves x Navs Abstain Absent 9 ESTRADA 10 LONGVILLE 11 MCGINNIS 12 DERRY 13 KELLEY 14 JOHNSON ---1L --1L- X x x 15 MC CAMMACK -L ~ar~it~ :: Th, fure~mg =,"tioo m OOreby .-,oo~, 1~~~ 16 17 ,2005. 21 Gordon McGinnis, Mayor Pro Tern City of San Bernardino 22 Approved as to form and Legal Content: 23 24 By: . y Attorney 25 -4- ':\ApDdu\Houlins Autborily\OS-04-04 MB Property 15S E 21ld 51. 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