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HomeMy WebLinkAbout2009-142 (NOTE: COMPANION RESOLUTION CDC/2009-23) 1 2 3 4 5 6 7 8 9 RESOLUTION NO. 2009-142 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CONSENTING TO THE DISPOSITION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO'S PROPERTIES LOCATED ON THE NORTHWEST CORNER OF "G" AND 4TH STREETS (APNS: 0134-093-019, 20, 43 AND PORTIONS OF 45) TO TELACU HOUSING - SAN BERNARDINO V, INC., FOR THE DEVELOPMENT OF 75-UNIT AFFORDABLE SENIOR CITIZEN RENTAL HOUSING (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a public body, corporate and politic; and 10 11 WHEREAS, the Agency owns vacant properties located on the northwest corner of 4th and 12 "G" Streets (APNs: 0134-093-19,20,43 and portions of 45, collectively "Property"); and 13 WHEREAS, the Agency acquired the Property using low- and moderate-income housing tax increment set-aside funds; and 14 15 WHEREAS, the Agency proposes to transfer the Property to TELACU Housing - San Bernardino V, Inc., a California non-profit public benefit corporation (the "Developer"), in 16 17 accordance with the terms and conditions of the 2009 Affordable Senior Citizen Rental Housing Low and Moderate Income Housing Funds Grant Disposition and Development Agreement (the 18 "2009 Low and Moderate Income Housing Funds Grant Agreement"); and 19 20 WHEREAS, the Developer shall develop and improve the Property as may hereafter be 21 transferred by the Agency to the Developer pursuant to the 2009 Low and Moderate Income 22 Housing Funds Grant Agreement with 75-unit affordable senior citizen rental housing, using the 23 design and improvement standards which are consistent with City Conditional Use Permit No. 08- 24 30, as previously approved by the Planning Commission on February 18, 2009; and 25 WHEREAS, the Developer has the background, experience and financial capability to 26 develop the Project and has received approval the of the U.S Department of Housing and Urban 27 Development ("HUD"), Section 202 Capital Advance of $10,735,700 for the construction of the 28 Project; and 1 P:\Agendas\Resolutions\Resolutions\2009\06-0I-09 TELACU Housing - SllII Bernardino V, Inc. MeC Reso.do<: 2009-142 1 WHEREAS, it had been found and determined that the environmental review of the 2 disposition of Agency Property is a "categorically exempt project" for the reasons indicated in the 3 Agency Staff Report. No potentially adverse environmental effects are anticipated to be associated 4 with the redevelopment of the Project; and 5 WHEREAS, the Agency has prepared and published a notice of joint public hearing in The 6 San Bernardino County Sun newspaper on May 18,2009, and again on May 25, 2009, regarding 7 the consideration and consenting to the disposition of the Property to the Developer. 8 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY 9 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 10 FOLLOWS: 11 12 Section 1. The Recitals of this Resolution are true and correct. Section 2. On June I, 2009, the Mayor and Common Council of the City of San 13 Bernardino ("Council") conducted a full and fair joint public hearing with the Community 14 Development Commission of the City of San Bernardino ("Commission"), and considered the 15 written Agency Staff Report and consented to the disposition of the Agency Property to the 16 Developer. The minutes of the City Clerk for the June I, 2009, joint public hearing of the Council 17 and the Commission shall include a record of all communication and testimony submitted to the 18 City Council and the Commission at the joint public hearing by interested persons relating to the 19 disposition of the Property. 20 Section 3. The Council hereby finds and determines that the environmental review of the 21 approval of the 2009 Low and Moderate Income Housing Funds Grant Agreement and the 22 redevelopment activities contemplated thereunder is a "categorically exempt project" for the reasons 23 indicated in the Agency Staff Report. No potentially adverse environmental effects are anticipated 24 to be associated with the redevelopment of the Project. 25 Section 4. The City is not a party to the Disposition and Development Agreement, and 26 nothing in this Resolution shall be deemed to constitute an approval by the City of any application 27 for a development project permit or approval which the Developer may hereafter be required to 28 obtain from the City as a condition precedent to the performance of the Developer's obligation 2 P:\Agendas\Resolutions\Resolutions\1009\06-01-09 TELACU Housing. San Bernardino V, Inc. MeC Rcso.doc 2009-142 1 under the Disposition and Development Agreement with respect to the redevelopment of the 2 Project. The City hereby reserves its discretion under all applicable law to approve or reject, and to 3 impose any appropriate condition of its approval on the project development permit application as 4 the Developer may hereafter submit to the City in connection with the Project. 5 Section 5. This Resolution shall take effect upon its adoption and execution in the 6 manner as required by the City Charter. 7 1/1 8 11/ 9 1/1 10 1/1 11 1/1 12 11/ 13 1/1 14 11/ 15 11/ 16 1/1 17 1/1 18 1/1 19 1/1 20 1/1 21 11/ 22 1/1 23 1/1 24 1/1 25 11/ 26 11/ 27 11/ 28 1/1 3 P:\Agendas\Resolulions\Resolutionsl2009\Q6.0\-()9 TELACU Housing - San Bernardino Y, Inc. MCC ReslJ,doc 1 2 3 4 5 6 7 2009-142 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CONSENTING TO THE DISPOSITION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO'S PROPERTIES LOCATED ON THE NORTHWEST CORNER OF "G" AND 4TH STREETS (APNS: 0134-093-019, 20, 43 AND PORTIONS OF 45) TO TELACU HOUSING - SAN BERNARDINO V, INC., FOR THE DEVELOPMENT OF 75-UNIT AFFORDABLE SENIOR CITIZEN RENTAL HOUSING (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a joint regular 22 23 meeting ~ k J. Morris, 1 of San Bernardino 24 Approved as to Form: 25 26 By: 27 28 1-f~ es F. Penman, City Attorney 4 P:\Agendas\Resolutions\Resolutions\2009\06-01-09 TELACU Housing - San Bernardino V, Im:_ MeC Reso.doc