HomeMy WebLinkAbout2007-405
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RESOLUTION NO. 2007-405
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO THE DISPOSITION OF A
CERTAIN AGENCY LOT LOCATED AT 167 EAST 2ND STREET, SAN
BERNARDINO, CALIFORNIA, BY THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") PURSUANT TO
AMENDMENT NO.3 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
9 public body, corporate and politic; and
10 WHEREAS, on January 10, 2005, the Mayor and Common Council of the City of San
11 Bernardino ("Council") and the Community Development Commission of the City of San
12 Bernardino ("Commission") approved and authorized the execution of the 2005 Meadowbrook
13 Single Family Residential Development Agreement ("2005 Agreement") between the Agency and
14 Meadowbrook Park Homes, Inc. ("Developer"), to sell ten (10) Agency Lots to the Developer for
15 the development and sale of eight (8) new single-family homes to qualified homebuyers and two
16 (2) new single-family homes to market rate buyers as defined in the 2005 Agreement; and
17 WHEREAS, on February 6, 2006, the Council and the Commission approved and
18 authorized the execution of Amendment No.1 to the 2005 Agreement; and
19 WHEREAS, on January 22, 2007, the Council and Commission approved and authorized
20 the execution of Amendment No.2 to the 2005 Agreement, and Amendment Nos. 1 and 2 and the
21 2005 Agreement are collectively referred to herein as the "2005 Agreement"; and
22 WHEREAS, the Agency and the Developer are seeking the consent of the Council to the
23 sale and transfer of a certain Agency Lot located at 167 East 2nd Street, San Bernardino, California
24 (APN: 0135-291-12) ("Additional Agency Lot"), to the Developer by approving Amendment No.
25 3; and
26 WHEREAS, the Developer shall develop and construct on the Additional Agency Lot, a
27 single-family home, in accordance with the development standards and requirements approved
28 pursuant to the 2005 Agreement; and
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P:\Agcndas\Rcsolutions\Resolutions\2007\09-17-07 Meadowbrook Park Hom:::s - Amend. No_ 3 MeC Rcso.doc
1 WHEREAS, in accordance with Section 33431 and 33433(a)(1) of the Health and Safety
2 Code, the Agency has prepared and published a notice of public hearing in the San Bernardino
3 County Sun newspaper on September 3, 2007, and September 10,2007, regarding the consideration
4 and approval of sale of the Additional Agency Lot in accordance with the provisions of
5 Amendment No.3; and
6 WHEREAS, pursuant to Health and Safety Code Section 33431, the Agency may transfer
7 the Additional Agency Lot to the Developer subject to the Council adopting a Resolution
8 authorizing the Agency to transfer the Additional Agency Lot in light of the findings set forth
9 herein, pursuant to Health and Safety Code Section 33433; and
10 WHEREAS, the Agency has prepared a Summary Report that describes the salient points of
11 Amendment No.3 and identifies the cost of Amendment No.3 to the Agency in accordance with
12 Health and Safety Code Section 33433; and
13 WHEREAS, the development of the Additional Agency Lot pursuant to Amendment No.3
14 IS "categorically exempt" in accordance with Section 15332, Class 32 of the California
15 Environmental Quality Act ("CEQA").
16 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
17 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS
18 FOLLOWS:
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Section 1.
The Recitals of this Resolution are true and correct.
Section 2.
On September 17, 2007, the Council and the Commission conducted a full
21 and fair joint public hearing, considered the written Agency Staff Report relating to Amendment
22 No.3, the Summary Report and testimony, if any, submitted relating to the disposition and
23 development of the Additional Agency Lot by the Developer in accordance with Amendment No.3
24 and consenting to the disposition of the Additional Agency Lot to the Developer. The minutes of
25 the City Clerk for the September 17, 2007, joint public hearing of the Council and the Commission
26 shall include a record of all communication and testimony submitted to the Council and the
27 Commission at the joint public hearing by interested persons relating to the disposition of the
28 Additional Agency Lot.
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Section 3.
This Resolution is adopted in order to satisfy the provisions of Health and
2 Safety Code Section 33433(a)(I) and (b)(2) related to the disposition of the Additional Agency Lot
3 to the Developer in accordance with Amendment No.3. The Council hereby [rods and determines
4 as follows: The Summary Report contains the information described in Health and Safety Code
5 Section 33433(b)(2) wherein the Additional Agency Lot is being sold to the Developer at the
6 purchase price of $30,000 for the development of one (1) single-family income and sales price
7 restricted home ("New Home") which consideration is less than the fair market value determined at
8 its highest and best use in accordance with the Redevelopment Plan and the consideration is not less
9 than the fair reuse value at the use with the covenants, conditions and development costs authorized
10 by the sale pursuant to the terms and conditions of Amendment No.3.
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Section 4.
The Council hereby [rods and determines that development of the Additional
12 Agency Lot is consistent with the environmental review completed for the approved 2005
13 Agreement and the Amendment No. 3 as herein approved and the development activities
14 contemplated thereunder are "categorically exempt" and no potentially adverse environmental
15 effects are anticipated to be associated with the development of the Additional Agency Lot, and a
16 Notice of Exemption under CEQA relating to the development of the Additional Agency Lot shall
17 be filed with the County Clerk.
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Section 5.
The Council and the Commission hereby receives and approves the Summary
19 Report and Amendment No.3 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
21 disposition of the Additional Agency Lot to the Developer on the terms set forth in Amendment No.
22 3.
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Section 7.
The City of San Bernardino ("City") is not a party to either the 2005
24 Agreement or the Amendment No.3, and nothing in this Resolution shall be deemed to constitute an
25 approval by the City of any application for a development permit or approval which the Developer
26 may hereafter be required to obtain from the City as a condition precedent to the performance of the
27 obligations of the Developer under the 2005 Agreement or the Amendment No.3 with respect to the
28 development of the Additional Agency Lot and/or the construction of the New Home on the
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P:~ndas\Resolulions\Resolutions\2()()1I09.17.m Meadowbrook Park Homes. Amend. No.3 MCC Reso.doc
1 Additional Agency Lot. The City hereby reserves its discretion under all applicable laws to approve
2 or reject, and to impose any appropriate conditions of its approval on such development permit
3 application as the Developer may hereafter submit to the City in connection with the development of
4 the Additional Agency Lot.
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Section 8.
This Resolution shall take effect upon its adoption and execution in the
6 manner as required by the City Charter.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO THE DISPOSITION OF A
CERTAIN AGENCY LOT LOCATED AT 167 EAST 2ND STREET, SAN
BERNARDINO, CALIFORNIA, BY THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") PURSUANT TO
AMENDMENT NO.3 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
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meeting
Common Council of the City of San Bernardino at a Joint Regular
~.Qp~
( [achel G. R~k,_C1tyClerk . ~ ~
.tM XJlWtGf/iJ\'V2CUh\9j tU
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The foregoing Resolution is hereby approved this ~~ day of September ,2007.
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24 Approved as to Form:
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