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HomeMy WebLinkAboutR30-Economic Development Agency " . SAN BERNARDINO CITY HOUSING AUTHORITY ORIGINAL FROM: Maggie Pacheco Deputy Director SUBJECT: JOINT PUBLIC HEARING - DISPOSITION AND DEVELOPMENT OF PROPERTY (155 E. 2ND STREET) - TO MEADOWBROOK PARK HOMES, INC. PURSUANT TO THE APPROVED 2005 MEADOWBROOK SINGLE FAMILY RESIDENTIAL DISPOSITION AND DEVELOPMENT AGREEMENT DATE: March 28, 2005 Svnonsis oCPrevious Commission/Council/Committee Action(s): On May 17, 2004, at a joint meeting, the San Bernardino City Housing Authority ("Authority") and Community Development Commission ("Commission") approved the Redevelopment Cooperation Agreement for the acquisition of property in the Meadowbrook area by the Authority on behalf of the Agency. On May 17,2004, at a joint meeting, the Authority and Commission approved a Resolution of Necessity ,which is required to proceed with eminent domain proceedings, to acquire the property at 155 E. 2,d St. On January 10, 2005, the Mayor and Common Council ("Council") and Commission jointly approved the 2005 Meadowbrook Single Family Disposition and Development Agreement ("Agreement") by and between the Redevelopment Agency of the City of San Bernardino ("Agency"L and Meadowbrook Park Homes, Inc. ("Developer") ("2005 Agreemen~____________________ Recommended Motion(s): OPEN/CLOSE JOINT PUBLIC HEARING (San Bernardino City Housing Authority) MOTION A: RESOLUTION OF THE SAN BERNARDINO CITY HOUSING AUTHORITY APPROVING THE TRANSFER OF THE PROPERTY (155 E. 2ND STREET) TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO PURSUANT TO THE APPROVED MAY 17, 2004 REDEVELOPMENT COOPERATION AGREEMENT FOR THE MEADOWBROOK NEIGHBORHOOD SINGLE FAMILY RESIDENTIAL DEVELOPMENT (IVDA REDEVELOPMENT PROJECT AREA) (Community Development Commission) MOTION B: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO (I) ACCEPTING THE PROPERTY (155 E. 2ND STREET) FROM THE SAN BERNARDINO CITY HOUSING AUTHORITY (2) APPROVING THE DISPOSITION AND DEVELOPMENT OF THE PROPERTY (155 E. 2ND STREET) TO MEADOWBROOK PARK HOMES, INC., AND (3) INCREASE THE DOWNPAYMENT ASSISTANCE TO THE QUALIFmD HOMEBUYER PURSUANT TO THE APPROVED 2005 MEADOWBROOK SINGLE FAMILY RESIDENTIAL DISPOSITION AND DEVELOPMENT AGREEMENT (IVDA REDEVELOPMENT PROJECT AREA) (Mayor and Common Council) MOTION C: 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) Contact Person(s): Gary Van OsdellMaggie Pacheco IVDA Redevelopment Project Area Phone: (909) 663-1044 I Project Area(s) Ward(s): Supporting Data Attached: iii Staff Report iii Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters FUNDING REQUIREMENTS Amount: $ 100,000 Source: Agency Low/lMod Housing Funds Budget Authority: SIGNATURE: P:\Agendas\Housing Authority\OS-Q4-Q4 MB 155 E. 2nd St SR.OOc HOUSING AUTHORITY AGENDA Meeting Date: 04/04/2005 Al!enda Item Number: ~ ., SAN BERNARDINO CITY HOUSING AUTHORITY STAFF REPORT JOINT PUBLIC HEARING - DISPOSITION AND DEVELOPMENT OF PROPERTY (155 E. 2ND STREET) - TO MEADOWBROOK PARK HOMES, INC. PURSUANT TO THE APPROVED 2005 MEADOWBROOK SINGLE FAMILY RESIDENTIAL DISPOSITION AND DEVELOPMENT AGREEMENT BACKGROUND: In the continued effort to transform and revitalize the Meadowbrook Park Area, vacant property, APN:0135-291-10 located at 155 E. 2nd Street (the "Property"), previously owned by Mr. Salas has been acquired through the condemnation process as authorized by the Housing Authority ("Authority") through a Resolution of Necessity adopted on May 17, 2004. The condemnation order for the Property was recorded on February 25, 2005 and the Property is now ready to be transferred by the Authority to the Redevelopment Agency pursuant to the May 17, 2004 approved Redevelopment Cooperation Agreement. The Redevelopment Agency in turn will transfer the Property to Meadowbrook Park Homes, Inc. ("Developer") under the 2005 Agreement. This Property is considered a Type B Agency Lot under the 2005 Agreement because it was acquired by the Authority, and therefore, must be transferred to the Developer for the construction of an affordable housing unit and sold to low-income households with an annual income of up to 80% of the area median income. CURRENT ISSUE: Under the approved 2005 Agreement, as the Agency acquires properties in the Meadowbrook Park Neighborhood, the Developer is obligated to acquire them at a certain price and in "As-Is" condition for the construction of affordable single family homes ("New Home") similar in size and design with DP III No. 03-34 approved by the Planning Commission on November 18, 2003. The development of the New Home is expected to begin thirty (30) days after the AgencylDeveloper has closed escrow on the Type B Agency Lot, and expected to be completed within twelve (12) months. According to Section 2.17 (e) of the 2005 Agreement, the Type B Agency Lot will be sold to the Developer at a formula purchase price based on the difference between the actual sales price of the completed New Home and the cost of constructing the New Home, but not less than $100. The purchase price will be secured by a Promissory Note and Agency Deed of Trust, and will be paid to the Agency upon close of escrow of the New Home to the Qualified Homebuyer. Moreover, per Section 4.09 of the 2005 Agreement, the Developer is required to pay the Agency 50% of the New Home profit realized by the Developer, if any, upon sale of the completed New home to a Qualified Homebuyer. Additionally, in accordance with Section 4.08 of the 2005 Agreement, the Agency has appropriated and reserved $500,000 from the Agency's Low/Moderate Income Housing Fund to provide down payment assistance to Qualified Homebuyers of Agency Lots. Under this section of the 2005 Agreement, Qualified Homebuyers may receive up to 20% of the completed New Home Purchase Price as down payment assistance from the Agency. Given the price of market rate housing, which in this case, the sales price of the New Home is projected to be $275,000, it is anticipated that a Qualified Homebuyer will need more than the allowed 20% down payment assistance under the 2005 Agreement. For example, a Qualified Homebuyer of a family size of 4, earning 80% ($44,550) of the area median income, and using the affordable housing cost calculations prescribed by California Redevelopment Law, can qualify for an approximate mortgage of $200,000. Hence, this type of homebuyer will require anywhere from 26% to 30% down payment assistance, depending on the final sales price of the completed New Home. Therefore, the down payment assistance to the Qualified Homebuyer of an Agency Type B Lot will require around $82,000 in down payment assistance. Consequently, Staff recommends that a limit of 30% down payment ~~~~~!l!!!.~~ be ~rmitte~~Q1~~~Jifi~<L Ho~.!:buy.l?IY-l!!chasin~!'Iew Home on a Type B Agency Lot. P:\Agendas\Housing Authority\OS-Q4-Q4 MB lSS E. 2nd St SR.doc HOUSING AUTHORITY AGENDA Meeting Date: 04/ A/200S Agenda Item Nnmber: San Bernardino City Housing Authority Staff Report Disposition and Development of Agency Lot - 155 E. 2nd Street Page 2 In conclusion, it is proposed that the Housing Authority convey the Property to the Agency; and that pursuant to Health and Safety Code Section 33431 and 34333, that the Commission and Common Council conduct the required public hearing on the sale of the Type B Agency Lot to the Developer from the Agency. A Summary Report, which discloses the costs of the transaction to the Agency and the estimated value of the interest to be conveyed was prepared in accordance with Health and Safety Code Section 33433 and is on file with the Agency Clerk. As required under the law, a public notice of this joint public hearing was published in the Sun Newspaper on March 17 and 24, 2005. ENVIRONMENTAL IMPACT: The proposed disposition and development of the Property described above is a categorically exempt project under the California Environmental Quality Act ("CEQA"). Accordingly, a Notice of Exemption for the 2005 Agreement was filed with the County Clerk on January 14, 2005. FISCAL IMPACT: The cost of the Property was $17,701 (paid from the Agency's Low/Mod Housing Fund) and this amount includes actual acquisition and legal costs. Presently, it is estimated that the Agency's expenditure will be about $82,000 in the form of down payment assistance to the Qualified Homebuyer, less the sales price of the land from the Agency to the Developer, and any profit participation realized in accordance with the 2005 Agreement. RECOMMENDATION: That the San Bernardino City Housing Authority, Community Development Commission and the Mayor and Common Council adopt the attached Resolutions. Maggie Pacheco, eputy Director P:\Agendas\Housing Aulhority\OS.(l4..{)4 MB 155 E. 2nd 8t SR.doc HOUSING AUTHORITY AGENDA Meeting Date: 04/04/2005 Agenda Item Number: JJb 0 1 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 C 25 RESOLUTION NO. -.t (Q) IPY RESOLUTION OF THE SAN BERNARDINO CITY HOUSING AUTHORITY APPROVING THE TRANSFER OF THE PROPERTY (155 E. 2ND STREET) TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO PURSUANT TO THE APPROVED MAY 17, 2004 REDEVELOPMENT COOPERATION AGREEMENT FOR THE MEADOWBROOK NEIGHBORHOOD SINGLE FAMILY RESIDENTIAL DEVELOPMENT (IVDA REDEVELOPMENT PROJECT AREA) WHEREAS, the San Bernardino City Housing Authority (the "Authority") is a public body corporate and politic; and WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a public body corporate and politic; and WHEREAS, on May 17, 2004, the Authority and the Agency approved the Redevelopment Cooperative Agreement for the Meadowbrook Neighborhood Single Family Residential Development ("the Agreement") in an effort to provide affordable housing in the Meadowbrook Restoration Area of the City; and WHEREAS, the Authority has acquired through condemnation proceedings the property at 155 E. 2nd Street (APN: 0135-291-10) (the "Property") and proposes to transfer said Property to the Agency for the resale and construction of a single family home to be sold to an income eligible household with income of up to 80% of the County Area Median (the ''New Home"); and WHEREAS, the Authority acquired the Property 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, after the acceptance of Property by the Agency, 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 "2005 Agreement"); and 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 the New -1- P:\Apndu\Houlilc ~s.0t-04 MB Pnlpsty us E 2m !t.1IA a.o AdcK -~~'~'- ,,_.,,-~ 0 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 i 'I 1: C 25 i ,[ I I Home, using the design standards of City Development Pennit ill No. 03-34, as previously approved by the Planning Commission on November 18,2003; and NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY THE SAN BERNARDINO CITY HOUSING AUTHORITY, AS FOLLOWS: Section 1. The Recitals of this Resolution are true and correct. Section 2. On April 4, 2005, the Housing Authority conducted a full and fair join public hearing with the Mayor and Common Council, and the Community Developmen Commission and considered the written Agency staff report relating to the transfer of Property the Agency and the testimony submitted relating to the transfer. The minutes of the City Cler for the April 4, 2005, joint public hearing shall include a record of all communication an testimony submitted to the Housing Authority, Community Development Commission and th Common Council at the joint public hearing by interested persons relating to the transfer 0 Property. Section 3. The Housing Authority hereby find and determine that the environmenta review of the approval of the transfer of Property contemplated thereunder is a "categoricall exempt project" for the reasons indicated in the Agency Staff Report. No potentially advers environmental effects are anticipated to be associated with the Property transfer. Section 4. The Housing Authority hereby approves the transfer of Property to th Agency and hereby authorizes the Authority's Executive Director to execute the nec transfer documents. Section S. 18 /II 19 III 20 III 21 I II. 22 III 23 III This Resolution shall take effect upon its adoption and execution. 24 II I III -2- ':\AaeDdM\Hountc ~S-04-04 MB Pms*tY 1.55 E:z.d Sa. HA Ilao A.doc 01 2 014 C 25 3 RESOLUTION OF THE SAN BERNARDINO CITY HOUSING AUTHORITY APPROVING THE TRANSFER OF THE PROPERTY (155 E. 2ND STREET) TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO PURSUANT TO THE APPROVED MAY 17, 2004 REDEVELOPMENT COOPERATION AGREEMENT FOR THE MEADOWBROOK NEIGHBORHOOD SINGLE FAMILY RESIDENTIAL DEVELOPMENT (IVDA REDEVELOPMENT PROJECT AREA) 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the S 6 Bernardino City Housing Authority at a meeting thereof, held on th 7 day of , 2005, by the following vote to wit: 8 Commissioners: Aves Navs Abstain Absent 9 ESTRADA 10 LONGVILLE II MCGINNIS 12 DERRY 13 KELLEY JOHNSON MCCAMMACK 15 16 17 Secretary, San Bernardino City Housing Authority 18 The foregoing resolution is hereby approved this 19 day of ,2005. 20 21 Judith Valles, Chairperson San Bernardino City Housing Authority 22 Approved as to form and Legal Content: 23 24 By: l2~lc~ -3- P:~~S-04-04MBPrvpertyISSE2DdSl.HAa-A.doc 01 2 RESOLUTION NO. 5 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO (1) ACCEPTING THE PROPERTY (155 E. 2ND STREET) FROM THE SAN BERNARDINO CITY HOUSING AUTHORITY, (2) APPROVING mE DISPOSITION AND DEVELOPMENT OF mE PROPERTY (155 E. 2ND STREET) TO MEADOWBROOK PARK HOMES, INC., AND (3) INCREASE THE DOWNPAYMENT ASSISTANCE TO THE QUALIFIED HOMEBUYER PURSUANT TO THE APPROVED 2005 MEADOWBROOK SINGLE FAMILY RESIDENTIAL DISPOSmON AND DEVELOPMENT AGREEMENT QVDA REDEVELOPMENT PROJECT AREA) 3 4 6 7 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") 9 is a public body corporate and politic; and 10 WHEREAS, the Agency accepted from the San Bernardino City Housing Authority the 11 property located at 155 E. 2nd Street (APN: 0135-291-10) (the "Property") pursuant to the May 12 17, 2004 Redevelopment Cooperation Agreement for the Meadowbrook Single Family o 13 Residential Development (Meadowbrook Restoration Area); and 14 WHEREAS, the Authority acquired the Property using Agency low and moderate- 15 income housing. set-aside. funds in the amount of $16,200 and legal expenses of $1,501 for a 16 total expenditure of $1 7;701; and:' 17 WHEREAS, the Agency proposes to transfer the Property to Meadowbrook Park 18 Homes, Inc., a California Corporation (the "Developer") in accordance with the terms and 19 conditions of the approved agreement entitled "2005 Meadowbrook Single Family Residential 20 Development Agreement (Meadowbrook Restoration Area)", dated as of January 10, 2005 (the 21 "2005 Agre"ul<;1it"); and 22 WHEREAS, the Developer shall develop and improve the Property as hereafter transferred by the AKency to the Developer pursuant to the 2005 Agreement with a New Home, 23 using the design standards of City Development Permit ill No. (}3-34, lIS" previously "P1',uvcd 24 by the Planning Commission on November 18, 2003; and C 25 -1- P:\AtODdII\HouIiIla-~S-04-04 MB Pnlpcrty I'SE2DdSl. CDCReIoB.G o 2 WHEREAS, the Developer shall pay the Agency the sum of not less than $100 for the Property. The payment by the Developer for the Property shall be secured by a deed of trust subordinate to the Developer construction loan and transferable to the "Qualified Homebuyer" at the close of escrow as defined in the 2005 Agreement and a down payment assistance of up to 30% will be made available to the Qualified Homebuyer of the Property with a forty-five (45) 3 4 5 6 year Covenants, Conditions and Restrictions recorded against the Property; 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 th 7 8 9 disposition and development of the Property; and 10 WHEREAS, pursuant to Health and Safety Code Section 33433, the Agency may transti the Property to the Developer subject to the Mayor and Common Council and the Communi Development Commission adopting a Resolution authorizing the Agency to transfer the It 12 in light of the findings set forth herein, and the Agency has prepared a Summary Report o 13 describes the salient points of the. disposition of the Property to the Developer and itlentifip_q 14 C25 cost of the transaction to the Agency. 15 16 NOW, 'TfJB~EFO~ THE-COMMUNITY DEVELOPMENT COMMISSION OF-'flfB CITY OF SAN BERNARDINO DOES HEREBY RESOL VB, DETERMINE AND ORDEKMf FOLLOWS: 17 18 Secdon 1. The Recitals of this Resolution are true and correct. 19 Seedon 1. On April 4, 2005, the Community Development Commission conducted 20 full and fair joint public hearing with the Mayor and Common Council and the Housin Authority, and considered the written Agency staff report relating to the disposition development of the Property and the testimony submitted relating to the disposition development of the Property by the Developer pursuant to the terms and conditions of th approved 2005 Agreement. The minutes of the City Clerk for the April 4; 2005, joint publi hearing shall include a record of all communication and testimony submitted to the Comm . 21 22 23 24 -2- ':~AaIbaray\Os.0e...G4 MB PIopaty I" ElDdSt. CDCIlaoB_doc 0 2 3 4 5 6 7 8 9 10 11 12 013 14 15 16 17 18 19 20 21 22 23 24 025 Development Commission and the Common Council at the joint public hearing by interest 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 Community Development Commission 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 . accordance with the approved 2005 Agreement and is consistent with th affordable housing preservation and expansion programs of the Agency Housin Section 4. Implementation Plan; (iii) The disposition of the Property to the Developer on the terms set forth in th approved 2005 Agreement shall assist in the elimination of conditions of blight 0 the Property and in the Meadowbrook Neighborhood Restoration Area and IVD Redevelopment Project Area; The Community Development Commission hereby find and determin that the enviromnental review of the approval of the disposition and development of the Prop contemplated thereunder is a "categorically exempt project" for the reasons indicated in th Agency Staff Report. No potentially adverse enviromnental effects are anticipated to associated with the development of the Property, and accordingly, based upon its 0 independent review of the information provided to the Community Development Commissio the Community Development Commission approved the 2005 Agreement on January 10,200 and a Notice of Exemption under CEQA relating to the Property was filed on January 14,2005. Section S. The Community Development Commission hereby approves the Summ Report, which is on file with the Agency Clerk pursuant to the approved 2005 Agreement. -3- ':\ApDda\tlousilli AaaIMdy\05-04-04 MB I'topIny 13' E 2m St. ax:: Rao 8.doc 01 Section 6. The Community Development Commission hereby approves th 2 disposition of the Property by the Agency to the Developer on the terms set forth in the approv 3 2005 Agreement and hereby authorizes the Executive Director to execute the Notice 0 4 Availability and all other appropriate instruments for transfer of the Property on behalf of th 5 Agency. 6 Section 7. 7 III 8 III III 9 III 10 III 11 III 12 III 0 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III () 25 III This Resolution shall take effect upon its adoption and execution. -4- P:\ApndaI\Hour;..AuIbority\05-04-04 MB Property 1:5:5 E 2DdSt. CDC Iao B_doc 01 2 C 25 By: 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO (1) ACCEPTING THE PROPERTY (155 E. 2ND STREET) FROM THE SAN BERNARDINO CITY HOUSING AUTHORITY, (2) APPROVING THE DISPOSITION AND DEVELOPMENT OF THE PROPERTY (155 E. 2ND STREET) TO MEADOWBROOK PARK HOMES, INC., AND (3) INCREASE THE DOWNPAYMENT ASSISTANCE TO THE QUALIFIED HOMEBUYER PURSUANT TO THE APPROVED 200S MEADOWBROOK SINGLE FAMILY RESIDENTIAL DISPOSITION AND DEVELOPMENT AGREEMENT (IVDA REDEVELOPMENT PROJECf AREA) 4 5 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Communi 8 Development Commission of the City of San Bernardino at a meeting thereof, held 21 22 Judith Valles, Chairperson Community Development Commission of the City of San Bernardino 23 Approved as to form and Legal Content: 24 Agency el -5- P:\ApDdaI\IIouIiD Audlority\Os.04-04 MB Iropc:rty I" E 2Dd 51. ax:: IteIo B.doc CI 2 013 14 C 25 RESOLUTION NO. 3 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) 4 5 6 7 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a public body corporate and politic; and 8 9 WHEREAS, the Agency owns property at 155 East 2nd Street (APN: 0135-291-10) (the "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 12 Homes, Inc., a California Corporation (the "Developer") in accordance with the terms and IS conditions of the approved agreement entitled "2005 Meadowbrook Single Family Residential 16 Development Agreement (Meadowbrook Restoration Area)", dated as of January 10,2005 (the 17 "2005 Agreement"); and 18 WHEREAS, the Developer shall develop and improve the Property as may hereafter be 19 transferred by the Agency to the Developer pursuant to the 2005 Agreement with a New Home, 20 using the design standards of City Development Permit III No. 03-34, as previously approved 21 by the Planning Commission on November 18; and 22 WHEREAS, the Agency has prepared and published a notice of joint public hearing . 23 The San Bernardino County Sun Newspaper on March 17 and 24, 2005, regarding the approv 24 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 -1- ,:\AtCIIdu\HouliDi~s.04-04MBPIopcrty I"BWSt. MCCa-C.doc c 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 C25 2 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 submi 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 h....wjS 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 contain& 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 . accordance with the approved 2005 Agreement and is consistent with th affordable housing preservation and expansion programs of the Agency Housin Implementation Plan; 3 4 5 6 7 -2- P:~AIII!Iony\OS-04-04MBPropcrty I5SE2.sSt. MCC IeIoC.Gx c 6 7 8 9 10 11 12 0 13 14 IS 16 17 2 3 4 5 Section 4. The Mayor and Common Council hereby find and determine that th environmental review of the. approval of the disposition and development of the Prop 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 5. 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 ob . from the City as a condition precedent to the performance of the Developer's obligation un 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 18 19 -3- P:\ApQduIHousiaa~~ MB Prupcrty I" E2ad St. MCCa.oC.docc CI 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING mE DISPOSITION AND DEVELOPMENT OF THE PROPERTY (155 E. :zND STREET) TO MEADOWBROOK PARK HOMES, INC., PURSUANT TO THE APPROVED :ZOOS MEADOWBROOK SINGLE FAMILY RESIDENTIAL DISPOSITION AND DEVELOPMENT AGREEMENT (IVDA REDEVELOPMENT PROJECT AREA) 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 meeting thereof, held ,2005, by the following vote to wit: Navs Abstain Absent Rachel G. Clark, City Clerk 18 The foregoing resolution is hereby approved this 19 20 21 day of ,2005. Judith Valles, Mayor City of San Bernardino 22 Approved as to form and Legal Content: 025 23 24 By: -4- P:~AuthoriIyIll3-04-04MBProperty 1"B2DdSt. MCCIaoC..