HomeMy WebLinkAbout2017-1051
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
201
21'
22'.
23
24
25
26
27
28
RESOLUTION NO. 2017-105
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ACCEPTING THE TRANSFER OF FEDERAL FUND
REAL PROPERTY ASSETS FROM AFFORDABLE HOUSING SOLUTIONS OF SAN
BERNARDINO, INC. TO THE CITY OF SAN BERNARDINO, AND APPROVING
CERTAIN RELATED ACTIONS
WHEREAS, pursuant to Health and Safety Code (the "HSC") § 34172 (a) (1), the
Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; and
WHEREAS, consistent with the provisions of the HSC, the Mayor and City Council of the
City of San Bernardino previously elected to serve in the capacity of the Successor Agency to the
Redevelopment Agency of the City of San Bernardino (the "Successor Agency"); and
WHEREAS, the former Redevelopment Agency of the City of San Bernardino (the
"Former RDA") established a series of operating practices, funding allocation procedures, and
general oversight requirements for Affordable Housing Solutions of San Bernardino, Inc., a non-
profit 501(c)(3) corporation ("AHS"), which constituted the basis of that certain 2009 Neighborhood
Stabilization Program Sub -Recipient Agreement, dated September 21, 2009, and that certain 2011
Housing Capitalization Funding Agreement Sub -Recipient Agreement Relating to the $375,000,000
Principal Amount Low- and Moderate -Income Housing Fund Projects, dated March 3, 2011
(individually known as the "2009 AHS Agreement" and the "2011 AHS Agreement" respectively,
and collectively as the "AHS Agreements") between the Former RDA and AHS; and
WHEREAS, on July 27, 2011, the California Superior Court entered a Default Judgment]
that validated the 2011 AHS Agreement, which had the effect of validating the actions taken by the
Former RDA, inclusive of the following finding: "The restructuring of the manner in which the
Agency conducts its governmental functions as set out in the Resolutions, and all matters related
thereto, are valid, legal and binding acts of the Agency, in accordance with their terms and were and
are in conformity with applicable provisions of all laws and enactments at any time in force or
controlling upon such proceedings whether imposed by law, constitution, statute or ordinance, and
whether federal state or local, and are legal, valid and binding obligations under the Constitution and
laws of the State of California as of the date of their enactment;" and
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27.
28
WHEREAS, for the purpose of implementing the AHS Agreements, AHS periodi
I received funding allocations from the Former RDA from both federal and low- and moderate -
income housing fund (the "LMIHF") sources to finance the affordable housing activities authorized
I by the AHS Agreements; and
WHEREAS, consistent with the AHS Agreements, AHS used both federal and LMIHF
money to purchase additional housing/real property assets; and
WHEREAS, since 2015, AHS has not actively pursued implementing the AHS
I Agreements, and to that end, has begun to divest itself of its real property assets; and
WHEREAS, on February 9, 2016, the Board of Directors of AHS authorized the transfer to
I the Successor Agency of those real property assets owned by AHS that were either transferred to
AHS by the Former RDA or acquired by AHS on behalf of the former RDA using LMIHF funds or
other (non-federal) funds of the Former RDA; however, AHS continues to be the owner of record of
20 real property assets, which were acquired with federal funds, that were either received from the
Former RDA or acquired by AHS on behalf of the former RDA (the "Properties"), as shown in
Exhibit "A" attached hereto; and
WHEREAS, the City of San Bernardino (the "City") has determined that it will assume the
affordable housing functions previously undertaken by AHS pursuant to the AHS Agreements, and
since the City is the governing entity which is ultimately responsible to manage federal housing
funds, it is necessary and appropriate that the Properties be transferred to the City; and
WHEREAS, on May 11, 2017, the Board of Directors of AHS authorized the transfer
the Properties to the City, along with the transfer of any outstanding related liabilities, leases,
encumbrances, and/or obligations; and
WHEREAS, the form of quitclaim deed to cause the transfer of the Properties is i
1 within Exhibit `B," attached hereto, which also includes a form of the certificate of acceptance
the Properties by the City; and
WHEREAS, consistent with the foregoing, this Resolution authorizes the acceptance of
Properties that are to be transferred to the City; and
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS, once the Properties are transferred to the City, the Properties will be managed
under the federal guidelines under which they were originally acquired; and
WHEREAS, this Resolution has been reviewed with respect to applicability of the
California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines (California Code
of Regulations, Title 14, § 15000 et seq., hereafter the "CEQA Guidelines"), and the City's
environmental guidelines; and
WHEREAS, this Resolution does not constitute a "project" for purposes of CEQA, as that
term is defined by CEQA Guidelines § 15378, because this Resolution is an organizational or
administrative activity that will not result in a direct or indirect physical change in the environment,
per § 15378 (b) (5) of the CEQA Guidelines; and
WHEREAS, all of the prerequisites with respect to the approval of this Resolution have
been met.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
Section 1. The foregoing recitals are true and correct and are a substantive part of this I
I Resolution.
Section 2. The transfer of the Properties from AHS to the City, along with the transfer
of any outstanding related liabilities, leases, encumbrances, and/or obligations, is hereby approved.
Section 3. The City Manager is authorized and directed to execute the certificates of
acceptance, the form of which is included within Exhibit `B," attached hereto, and to take such
other actions and execute such other documents as are necessary to effectuate the intent of this I
Resolution.
Section 4. This Resolution is not a "project" for purposes of CEQA, as that
term is defined by Guidelines § 15378, because this Resolution is an organizational or
administrative activity that will not result in a direct or indirect physical change in the environment,
per § 15378 (b) (5) of the Guidelines.
Section 5. This resolution shall take effect upon its adoption and execution in the
manner as required by the City's Municipal Code.
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
BERNARDINO, CALIFORNIA, ACCEPTING THE TRANSFER OF FEDERAL I
REAL PROPERTY ASSETS FROM AFFORDABLE HOUSING SOLUTIONS OF
BERNARDINO, INC. TO THE CITY OF SAN BERNARDINO, AND APPROI
CERTAIN RELATED ACTIONS
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 7h day of
June 2017, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULV IHILL
AYES NAYS
X
X
X(S)
X(M)
X
X
X
ABSTAIN ABSENT
Georgeann Idanna, CVC,ity Clerk
The foregoing Resolution is hereby approved this 7b day of June 2017.
R. Carey Davis, M or
City of San Bern dino
Approved as to form:
Gary D. Saenz, City Attorney
B
y.7
El
l
l
l
l
l
l
l
l
l
l
2
2
2
2
2
2
2
2
2
1
2
3
4
5
FEDERAL FUND REAL PROPERTY ASSETS
TO BE
TRANSFERRED TO THE CITY
EXHIBIT A
No.
FEDERAL
Acquisition
APN
PROPERTIES
Address
Zoning
Ward
1
Received from Former RDA
0134-021-26
688 W 6th Street
Commercial
1
2
Received from Former RDA
0134-021-27
692 W 6th Street
Commercial
1
3
Received from Former RDA
0134-021-28
621 N "G" Street
Commercial
1
4
AHS purchased
0139-172-36
923 N Pico Avenue
SFR*
6
5
Received from Former RDA
0140-012-11
815 W Orange Street
SFR
2
6
Received from Former RDA
0140-033-22
676 W 10th Street
SFR
2
7
Received from Former RDA
0140-041-29
1045 N "F" Street
SFR
2
8
Received from Former RDA
0140-134-06
938 N "G" Street
SFR
2
9
Received from Former RDA
0140-143-38
939 N "F" Street
SFR
2
10
Received from Former RDA
0140-192-20
756 W 8th Street
SFR
1
11
AHS purchased
0146-031-04
Wall Avenue
SFR
2
12
AHS purchased
0146-045-14
2096 Genevieve Street
SFR
2
13
AHS purchased
0146-053-27
202 E 19th Street
SFR
2
14
AHS purchased
0146-072-02
Arrowhead Avenue
Commercial
2
15
AHS purchased
1191-031-18
2165 E 19th Street
SFR
7
16
AHS purchased
1191-031-24
19th Street
SFR
7
17
AHS purchased
1191-031-25
2069 E 19th Street
MFR**
7
18
AHS purchased
1191-031-29
1888 Argyle Avenue
MFR
7
19
AHS purchased
1191-051-38
2044 Sunrise Lane
SFR
7
20
AHS purchased
1191-051-48
2156 Sunrise Lane
MFR
7
0
1
2
3
4
5
6
7
8
FR —
MFR
Single Family Residential
— Multi Family Residential
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28.
RECORDING REQUESTED BY
City of San Bernardino
WHEN RECORDED MAIL TO:
City of San Bernardino
290 North "D" Street
San Bernardino, CA 92401
Attn: Mark Scott
APNs:
EXHIBIT "B"
(Space Above Line For Use By Record4.)
This document is exempt from ti e
payment of a recording fee pursuant o
Government Code Section 273 3
DOCUMENTARY TRANSFER TAX
QUITCLAIM DEED
(FORM ONLY — Not for Signature)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Affordable Housing
Solutions of San Bernardino, Inc., a California nonprofit corporation (the "Grantor") does hereby remise,
release and quitclaim to the City of San Bernardino, a public body, corporate and politic (the "Grantee"),
any interest that the Grantor may have in the real property in the City of San Bernardino, County of San
Bernardino, State of California, described in Attachment "A" attached hereto and incorporated herein by
this reference.
Dated
AFFORDABLE HOUSING SOLUTIONS OF SAN
BERNARDINO, INC., a California nonprofit
corporation
By: NOT FOR SIGNATURE
Chief Executive Officer
n
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California } ss
County of San Bernardino)
On before me, ,
Notary Public, personally appeared _ who proved to me on
the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and
who acknowledged to me that he/she executed the same in his/her authorized capacity, and by his/her
signature on the instrument the person, or entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Signature of Notary)
official notarial seal)
7
(This area for
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LEGAL DESCRIPTION:
Address:
APN:
LEGAL DESCRIPTION
1 CERTIFICATE OF ACCEPTANCE
2 This is to certify that the interest in real property conveyed by written deed or grant dated
, 2017 from Affordable Housing Solutions of San Bernardino, Inc. to the City of San
3 Bernardino is hereby accepted by the undersigned officer or agent on behalf of the City, pursuant to authority
conferred by the City of San Bernardino on , 2017, pursuant to Resolution No. 2017-
4 and the City consents to recordation of said written deed or grant by its duly authorized officer.
5 Dated this day of , 2017
6
7 By: NOT FOR SIGNATURE
Mark Scott, City Manager
8 City of San Bernardino
9 Provides for:
10 PN: Address:
11
12 A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that
13 document.
14 State of California } ss
County of San Bernardino }
15
On before me, , Notary Public,
16 personally appeared who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and who acknowledged to me that he/she
17 executed the same in his/her authorized capacity, and by his/her signature on the instrument the person, or
18 entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing)
19 paragraph is true and correct.
20 WITNESS my hand and official seal.
21
22
(Signature of Notary) (This area for official notarial seal)
23
24
25
26
27
28
W