HomeMy WebLinkAbout2009-289
(NOTE: COMPANION RESOLUTION CDC/2009-39)
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RESOLUTION NO.
2009-289
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 SOUTHWEST
CORNER OF HIGHLAND AVENUE AND MEDICAL CENTER DRIVE
(APNS: 0143-191-38, 46 AND 63) TO META HOUSING, INC. -
MAGNOLIA HIGHLAND, L.P., FOR THE DEVELOPMENT OF 79 UNITS
OF AFFORDABLE SENIOR CITIZEN RENTAL HOUSING
(NORTHWEST REDEVELOPMENT PROJECT AREA)
WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a
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WHEREAS, the Agency will own properties located on the southwest corner of Highland
12 Avenue and Medical Center Drive (APN's: 0143-191-38, 46, and 63 collectively, the "Property");
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WHEREAS, the Agency will acquire the Property using low- and moderate-income housing
15 tax increment set-aside funds; and
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WHEREAS, the Agency proposes to transfer the Property to Meta Housing, Inc. - Magnolia
17 Highland, L.P., a California limited partnership (the "Developer"), in accordance with the terms and
18 conditions of the 2009 Affordable Senior Citizen Rental Housing Acquisition, Disposition and
19 Development Agreement (the "DDA"); and
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 DDA with 79 units of affordable senior
22 citizen rental housing and one on-site manager's unit ("Project"), using the design and
23 improvement standards which are consistent with City Tentative Parcel Map No. 19200
24 (Subdivision No. 09-02) and City Conditional Use Permit No. 09-05, as previously approved by the
25 Planning Commission on May 19, 2009; and
26 WHEREAS, the Developer has the background, expenence and financial capability to
27 develop the Project and is seeking a deferred payment second trust deed residual receipts loan from
28 the Agency in an amount up to $4,000,000; and
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2009-289
1 WHEREAS, the Agency loan will be combined with other funds the Developer is seeking
2 including an allocation of low-income housing tax credits from the California Tax Credit Allocation
3 Committee ("TCAC") to provide funds in the amount of $10,621,198, and a permanent fust trust
4 deed loan in an amount up to $2,928,053 to complete the financing of the Project with an estimated
5 total development cost of$17,549,251; and
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WHEREAS, it had been found and determined that the environmental review of the
7 disposition of Agency Property is a "categorically exempt project" for the reasons indicated in the
8 Agency Staff Report, and no potentially adverse environmental effects are anticipated to be
9 associated with the redevelopment of the Project; 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 July 4,2009, and again on July 10,2009, regarding the
consideration and consenting to the disposition of the Property to the Developer.
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
FOLLOWS:
Section 1.
The Recitals of this Resolution are true and correct.
Section 2.
On August 3, 2009, the Mayor and Common Council of the City of San
Bernardino ("Council") conducted a full and fair joint public hearing with the Community
Development Commission of the City of San Bernardino ("Commission"), and considered the
written Agency Staff Report and consented to the disposition of the Agency Property to the
Developer pursuant to this Resolution. The Council hereby consents to the disposition of the
Agency Property to the Developer. The minutes of the City Clerk for the August 3, 2009, joint
public hearing of the Council and the Commission shall include a record of all communication and
testimony submitted to the City Council and the Commission at the joint public hearing by
interested persons relating to the disposition of the Property. As required by Health and Safety
Code Section 33433(b )(2), the Council hereby finds and determines that the disposition and
redevelopment of the Property by the Developer in accordance with the DDA is no less than the fair
reuse value at the use and with the covenants and conditions and development costs as affordable
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2009-289
1 senior housing and with the covenants and conditions and development cost authorized by said
2 DDA.
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Section 3.
The Council hereby finds and determines that the environmental review of the
4 approval of the DDA and the redevelopment activities contemplated thereunder is a "categorically
5 exempt project" for the reasons indicated in the Agency Staff Report, and no potentially adverse
6 environmental effects are anticipated to be associated with the redevelopment of the Project.
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Section 4.
The City is not a party to the DDA, and nothing in this Resolution shall be
8 deemed to constitute an approval by the City of any application for a development project permit or
9 approval which the Developer may hereafter be required to obtain from the City as a condition
10 precedent to the performance of the Developer's obligation under the DDA with respect to the
11 redevelopment of the Project. The City hereby reserves its discretion under all applicable law to
12 approve or reject, and to impose any appropriate condition of its approval on the project
13 development permit application as the Developer may hereafter submit to the City in connection
14 with the Project.
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Section 5.
This Resolution shall take effect upon its adoption and execution in the
16 manner as required by the City Charter.
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2009-289
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 SOUTHWEST
CORNER OF HIGHLAND AVENUE AND MEDICAL CENTER DRIVE
(APNS: 0143-191-38, 46 AND 63) TO META HOUSING, INC. -
MAGNOLIA HIGHLAND, L.P., FOR THE DEVELOPMENT OF 79 UNITS
OF AFFORDABLE SENIOR CITIZEN RENTAL HOUSING
(NORTHWEST REDEVELOPMENT PROJECT AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
meeting
8 Common Council of the City of San Bernardino at a joint regular
, 2009, by the following vote to wit:
3rd day of August
Ayes
Nays
Abstain
Absent
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fk~ /-J. ~
Ra 1 G. Clark, City Clerk
,2009.
The foregoing Resolution is hereby approved this 6th day of August
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~: Mo:::Kkyor
City of San Bernardino
25 Approved as to Form:
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es F. Penman, City Attorney
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