HomeMy WebLinkAbout2007-033
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(See companion resolution CDC/2007-3)
RESOLUTION NO. 2007-33
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO THE DISPOSITION OF
CERTAIN AGENCY LOTS LOCATED AT 151 AND 161 EAST 2ND STREET,
AND 163 AND 171 NORTH ALLEN STREET BY THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") PURSUANT
TO AMENDMENT NO. 2 TO THE 2005 MEADOWBROOK SINGLE-
FAMILY RESIDENTIAL DEVELOPMENT AGREEMENT BY AND
BETWEEN THE AGENCY AND MEADOWBROOK PARK HOMES, INC.
(IVDA REDEVELOPMENT PROJECT AREA)
WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a
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public body, corporate and politic; and
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WHEREAS, on January 10, 2005, the Mayor and Common Council ("Council") and the
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Community Development Commission ("Commission") approved and authorized the execution of
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the 2005 Meadowbrook Single Family Residential Development Agreement (the "2005
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Agreement") between the Agency and Meadowbrook Park Homes, Inc. ("Developer"), to sell 10
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Agency Lots to the Developer for the development and sale of 8 new single-family homes to
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Qualified Homebuyers and 2 new single-family homes to market rate buyers as defined in the 2005
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Agreement; and
WHEREAS, on February 6, 2006, the Council and the Commission approved and
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authorized the execution of Amendment No. I to the 2005 Agreement, and Amendment No. 1 and
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the 2005 Agreement are collectively referred to herein as the "2005 Agreement"; and
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WHEREAS, the Agency and the Developer are seeking the consent of the Council to the
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sale and transfer of the Agency Lots located at 151 and 161 East 2nd Street (APNs: 0135-291-09
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and 11), and 163 and 171 North Allen Street (APNs: 0135-301-34 and 35) ("Additional Agency
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Lots") to the Developer by approving Amendment No.2; and
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WHEREAS, the Developer shall develop and construct on the Additional Agency Lots
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single-family homes in accordance with the development standards and requirements approved
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pursuant to the 2005 Agreement; and
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WHEREAS, in accordance with Section 33431 and 33433(a)(l) of the Health and Safety
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Code, the Agency has prepared and published a notice of public hearing in the San Bernardino
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2007-33
1 County Sun newspaper on January 8, 2007, and January 15,2007, regarding the consideration and
2 approval of sale of the Additional Agency Lots in accordance with the provisions of the Amendment
3 No.2; and
4 WHEREAS, pursuant to Health and Safety Code Section 33431, the Agency may transfer
5 the Agency Lots to the Developer subject to the Council adopting a Resolution authorizing the
6 Agency to transfer the Additional Agency Lots in light of the findings set forth herein, pursuant to
7 Health and Safety Code Section 33433; and
8 WHEREAS, the Agency has prepared a Summary Report that describes the salient points of
9 Amendment No.2 and identifies the cost of Amendment No.2 to the Agency in accordance with
10 Health and Safety Code Section 33433; and
11 WHEREAS, the development of the Agency Lots pursuant to Amendment No. 2 is
12 "categorically exempt" in accordance with Section 15332, Class 32 of the California Environmental
13 Quality Act ("CEQA").
14 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
15 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS
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Section 1.
The Recitals of this Resolution are true and correct.
Section 2.
On January 22, 2007, the Council and the Commission conducted a full and
19 fair joint public hearing, considered the written Agency Staff Report relating to Amendment No.2,
20 the Summary Report and testimony, if any, submitted relating to the disposition and development of
21 the Additional Agency Lots by the Developer in accordance with Amendment No.2 and consenting
22 to the disposition of the Agency Lots. The minutes of the City Clerk for the January 22,2007, joint
23 public hearing of the Council and the Commission shall include a record of all communication and
24 testimony submitted to the Council and the Commission at the joint public hearing by interested
25 persons relating to the disposition of the Additional Agency Lots.
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Section 3.
This Resolution is adopted in order to satisfy the provisions of Health and
27 Safety Code Section 33433(a)(1) and (2)(B)(1) related to the disposition of the Agency Lots to the
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1 Developer in accordance with Amendment No.2. The Council hereby finds and determines as
2 follows:
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The Summary Report contains the information described in Health and Safety Code
Section 33433(a)(2)(b) wherein Additional Agency Lots are being sold to the Developer
at the purchase price of $120,000 for the development of 4 single-family restricted
homes ("New Restricted Homes") which said consideration is less than the fair market
value determined at its highest and best use in accordance with the Redevelopment Plan
and the consideration is less than the fair reuse value at the use with the covenants,
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conditions and development costs authorized by the sale pursuant to the terms and
conditions of Amendment No.2.
Section 4.
The Council hereby finds and determines that the development of the
12 Additional Agency Lots is consistent with the environmental review completed for the approved
13 2005 Agreement and Amendment No.2 and that said development is "categorically exempt" and no
14 potentially adverse environmental effects are anticipated to be associated with the development of
15 the Additional Agency Lots, and a Notice of Exemption under CEQA relating to the development of
16 the Agency Lots shall be filed with the County Clerk.
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Section 5.
The Council and the Commission hereby receives and approves the Summary
18 Report and the Amendment No.2 in the form as submitted at this joint public hearing.
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Section 6.
The Council and the Commission hereby consents and approves the
20 disposition of the Agency Lots to the Developer on the terms set forth in Amendment No.2.
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Section 7.
The City is not a party to Amendment No.2, and nothing in this Resolution
22 shall be deemed to constitute an approval by the City of any application for a development permit or
23 approval which the Developer may hereafter be required to obtain from the City as a condition
24 precedent to the performance of the obligations of the Developer under Amendment No.2 with
25 respect to the development of the Additional Agency Lots and/or the construction of any New
26 Restricted Homes on the Agency Lots. The City hereby reserves its discretion under all applicable
27 laws to approve or reject, and to impose any appropriate conditions of its approval on such
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1 development permit application as the Developer may hereafter submit to the City in connection
2 with the Additional Agency Lots.
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Section 8.
This Resolution shall take effect upon its adoption and execution in the
4 manner as required by the City Charter.
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Approved as to Form:
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2007-33
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO THE DISPOSITION OF
CERTAIN AGENCY LOTS LOCATED AT 151 AND 161 EAST 2ND STREET,
AND 163 AND 171 NORTH ALLEN STREET BY THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") PURSUANT
TO AMENDMENT NO. 2 TO THE 2005 MEADOWBROOK SINGLE-
FAMILY RESIDENTIAL DEVELOPMENT AGREEMENT BY AND
BETWEEN THE AGENCY AND MEADOWBROOK PARK HOMES, INC.
(IVDA 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
meeting
day, of January, 2007, by the following vote to wit:
Aves
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Abstain
Absent
Navs
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RaCfiel G. Clark, City Clerk
The foregoing Resolution is hereby approved this
2t.} dayof
,2007.
January
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Tobin Brinker, Mayor Pro Tern
City of San Bernardino
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