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RESOLUTION NO. 2006-359
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO THE DISPOSITION OF
CERTAIN PROPERTY LOCATED AT 267 EAST 49TH STREET (APN: 0154-
126-25) BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO ("AGENCY") PURSUANT TO AMENDMENT NO.1 TO THE
2005 40TH STREET REDEVELOPMENT PROJECT AREA SINGLE FAMILY
RESIDENTIAL DISPOSITION AND DEVELOPMENT AGREEMENT
(TELACU 49TH STREET NEW HOMES PROJECT) BETWEEN THE
AGENCY AND TELACU DEVELOPMENT, LLC ("DEVELOPER") - 40TH
STREET REDEVELOPMENT PROJECT AREA
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
10 public body, corporate and politic; and
11 WHEREAS, the Agency owns the property located at 267 East 49th Street (APN: 0154-126-
12 25) (the "Property") in the 40th Street Redevelopment Project Area ("Project Area"); and
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WHEREAS, the Agency acquired the Property using the Low and Moderate-Income
14 Housing Tax Increment Set-Aside Funds; and
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WHEREAS, the Agency proposes to transfer the Property to TELACU Development, LLC,
16 a California corporation (the "Developer") in accordance with the terms and conditions of an
17 agreement entitled "2005 40th Street Redevelopment Project Area Single Family Residential
18 Disposition and Development Agreement (TELACU 49th Street New Homes Project)", (the "2005
19 Agreement") and Amendment No.1; and
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WHEREAS, the Agency has prepared and published a notice of joint public hearing in the
San Bernardino County Sun Newspaper on September 18 and 25, 2006, regarding the
consideration and approval of Amendment No. I to the 2005 Agreement; and
WHEREAS, pursuant to Health and Safety Code Section 33433, the Agency may transfer
the Property to the Developer subject to the Mayor and Common Council ("Council") and the
Community Development Commission ("Commission") adopting a Resolution authorizing the
Agency to transfer the Property in light of the findings set forth herein; and
WHEREAS, the Agency has prepared a Summary Report that describes the salient points
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of Amendment No.1 and identifies the cost to the Agency of the disposition of the Property to the
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2006-359
1 Developer for development of a single family unit for sale to a low and moderate-income eligible
2 household; and
3 WHEREAS, the Agency must find and determine that the environmental review of the
4 approval of the 2005 Agreement and Amendment No. 1 and the development activities
5 contemplated thereunder is a "categorically exempt project" under the California Environmental
6 Quality Act (CEQA), pursuant to S 15332, Class 32. No potentially adverse environmental effects
7 are anticipated to be associated with the development of the Project.
8 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
9 BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS
10 FOLLOWS:
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Section 1.
The Recitals of this Resolution are true and correct.
Section 2.
On October 2, 2006, the Council conducted a full and fair joint public
13 hearing with the Commission and considered the written Agency Staff Report relating to
14 Amendment No.1 to the 2005 Agreement and the testimony submitted relating to the disposition
15 and development of the Project by the Developer pursuant to the terms and conditions of the 2005
16 Agreement and Amendment No.1. The minutes of the City Clerk for the October 2, 2006, joint
17 public hearing of the Council and the Commission shall include a record of all communication and
18 testimony submitted to the Council and the Commission at the joint public hearing by interested
19 persons relating to the Project and the approval of Amendment No.1 to the 2005 Agreement.
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Section 3.
This Resolution is adopted in order to satisfy the provisions of Health and
21 Safety Code Section 33433 as those provisions relate to the disposition of the Property by the
22 Agency to the Developer on the terms and conditions set forth in the 2005 Agreement and
23 Amendment No.1.
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Section 4.
The Council hereby finds and determines that the environmental review of
25 the approval of the 2005 Agreement and Amendment No. 1 and the development activities
26 contemplated thereunder is a "categorically exempt project" under CEQA, pursuant to S 15332,
27 Class 32. No potentially adverse environmental effects are anticipated to be associated with the
28 development of the Project.
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2006-359
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Section 5.
The Council hereby receives and approves the Summary Report and
2 Amendment No. I to the 2005 Agreement in the form as submitted at this joint public hearing.
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Section 6.
The Council hereby approves the disposition of the Property by the Agency
4 to the Developer on the terms set forth in the 2005 Agreement and Amendment No. I.
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Section 7.
This Resolution shall take effect upon its adoption and execution in the
6 manner as required by the City Charter.
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2006-359
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO THE DISPOSITION OF
CERTAIN PROPERTY LOCATED AT 267 EAST 49TH STREET (APN: 0154-
126-25) BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO ("AGENCY") PURSUANT TO AMENDMENT NO.1 TO THE
2005 40TH STREET REDEVELOPMENT PROJECT AREA SINGLE FAMILY
RESIDENTIAL DISPOSITION AND DEVELOPMENT AGREEMENT
(TELACU 49TH STREET NEW HOMES PROJECT) BETWEEN THE
AGENCY AND TELACU DEVELOPMENT, LLC ("DEVELOPER") - 40TH
STREET REDEVELOPMENT PROJECT AREA
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular
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meeting thereof,
day of October ,2006, by the following vote to wit:
Aves
Abstain
Absent
Navs
x
----X-
x
x
----X-
---X..-
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21 The foregoing resolution is hereby approved thi~~d day of October ~06.'
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25 Approved as to Form:
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