HomeMy WebLinkAbout2009-263
(COMPANION RESOLUTION CDC/2009-32)
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RESOLUTION NO. 2009-263
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING AN AMENDMENT TO THE CITY'S
2005-2010 CONSOLIDATED PLAN AND THE 2008-2009 ACTION PLAN
AND ALLOCATING $902,476 IN FEDERAL HOME AND CHDO GRANT
FUNDS TO TELACU HOUSING - SAN BERNARDINO IV, INC., A
CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORA TION
("DEVELOPER") (IVDA REDEVELOPMENT PROJECT AREA)
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WHEREAS, the City of San Bernardino (the "City") is an entitlement jurisdiction and
9 annually receives certain federal funds under the HOME Investment Partnership Act (the "HOME
to Program") from thc United States Department of Housing and Urban Development ("HUD"), in
II order to carry out eligible affordable housing activities within the City in accordance with the
12 HOME Program Regulations set forth in Title 24 Code of Fcderal Regulations Part 92, et seq. (24
13 CFR Part 92); and
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WHEREAS, on May 15, 2008, the Mayor and Common Council of the City of San
15 Bernardino ("Council") approved the City's 2005-2010 Consolidated Plan and the 2008-2009
16 Action Plan; and
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WHEREAS, III compliance with the City's approved Citizens Participation Plan and
18 CDBGIHOME regulation under 24 CFR 570.302 and 24 CFR 91.105, on June 5, 2009 and July 3,
19 2009, the required public notice of this amendment to the 2005-2010 Consolidated Plan and the
20 2008-2009 Action Plan was published in the San Bernardino County Sun newspaper, inviting and
21 requesting citizens to provide written and or oral comments with regards to this amendment at this
22 meeting, and as of this date, Agency Staff has not received any oral or written comments regarding
23 this amendment; and
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WHEREAS, TELACU Housing - San Bernardino IV, Inc., a California non-profit
25 public benefit corporation ("Developer"), is a regional and locally certified, approved and
26 experienced non-profit housing organization that obtained approval from the United States
27 Department of Housing and Urban Development ("HUD") Section 202 Grant ("HUD Grant") for
28 the construction and operation of a 90-unit scnior housing facility (the "Project"); and
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2009-263
1 WHEREAS, on March 3, 2008, the Community Development Commission of the City of
2 San Bernardino ("Commission") approved the 2008 HOME Funds Loan and Grant Development
3 Agreement ("HOME Agreement") between the Agency and the Developer; and
4 WHEREAS, the Agency deems that the senior housing development undertaken by the
5 Developer herein is consistent with and supportive of the Agency's Housing Program and HOME
6 Program Regulations; and
7 WHEREAS, the Agency deems it desirable to enter into this Amendment to the HOME
8 Agreement ("Amendment No. I") with the Developer to provide an additional $902,476 in Federal
9 HOME and CHDO funds to pay for the increase in required City development impact fees and the
10 costs associated with City required under-grounding and relocation of overhead utilities; and
11 WHEREAS, the Council desires to amend the Consolidated Plans and allocate $902,476 of
I2 Federal HOME and CHDO Grants to the Developer; and
13 WHEREAS, the Project is exempt from the National Environmental Policy Act ("NEPA")
14 under 24 CFR 58.35 and the California Environmental Quality Act ("CEQA"), pursuant to Section
15 15332, in-fill development.
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 Council hereby approves the amendment to both the (i) 2005-2010
20 Consolidated Plan and the (ii) 2008-2009 Action Plan of the City. Such amendment is with respect
21 to the allocation of an additional amount not to exceed $902,476 in Federal HOME and CHDO
22 Program Funds to the Developer. Such allocation of funds is subject to approval of the
23 Amendment No. I to the HOME Agreement as may be approved by the Community Development
24 Commission of the City of San Bernardino ("Commission") together with such amendment to the
25 (i) 2005-2010 Consolidated Plan and the (ii) 2008-2009 Action Plan and the Amendment No. I to
26 the HOME Agreement as presented to the Commission and as attached to this Resolution as
27 Attachment "2" and by this reference made a part hereof.
28 At the public meetings of the Council and Commission conducted on this date, oral and
written comments were considered before the adoption of this Resolution.
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2009-263
The Commission makes a finding that the Project is exempt from NEP A
Scction 2.
2 under 24 CFR 58.35 and CEQA, pursuant to Section 15332 of the CEQA guidelines, constitutes an
3 in-fill development, and no further environmental document is required pursuant to Section 15168
4 of the CEQA guidelincs.
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Section 3.
This Resolution shall take effcct upon its adoption and execution in the
6 manner as requircd by the City Charter.
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2009-263
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING AN AMENDMENT TO THE CITY'S
2005-2010 CONSOLIDATED PLAN AND THE 2008-2009 ACTION PLAN
AND ALLOCATING $902,476 IN FEDERAL HOME AND CHDO GRANT
FUNDS TO TELACU HOUSING - SAN BERNARDINO IV, INC., A
CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION
("DEVELOPER") (IVDA REDEVELOPMENT PROJECT AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a
ioiot regular
meeting
8 thereof, held on the 6th day of July ,2009, by the following vote to wit:
9 Council Members: Aves Navs Abstain Absent
10 ESTRADA -1L
11 BAXTER X
12 BRINKER x
13 SHORETT X
14 KELLEY X
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15 JOHNSON X
16 MC CAMMACK --X-
17 Q~h.~
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Rac'nel G. Clark, City Clerk
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20 The foregoing Resolution is hereby approved this 7n day of
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Jul.y
,2009.
Patr
City
Approved as to Form:
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By:
27 James F. Penman, City Attorney
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