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HomeMy WebLinkAbout4051_CCv0001.pdf RESOLUTION NO. 4051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADOPTING A MULTIFAMILY RENTAL HOUSING FINANCE MORTGAGE PROGRAM IN COOPERATION WITH THE COUNTY OF SAN BERNARDINO. WHEREAS, there is a shortage in the County of San Bernardino (the County) , and the City of Redlands (the "City") , of decent, safe, and sanitary rental housing particularly of housing affordable by persons in the lower end of the income spectrum, and a consequent need to encourage the construction of rental housing affordable by such persons and otherwise to increase the rental housing supply in the County and in the City for such persons; and WHEREAS, the Board of Supervisors of the County has declared itis intent to adopt a multifamily rental housing mortgage finance program (the "Program") , pursuant to Chapter 7 of Part 5 of Division 31 of the Health and Safety Code of the State of California (the "Act") , and to issue bonds pursuant to the Act to provide funds for the Program; and WHEREAS, this Council finds and determines that it is in the best interest of the City to adopt the Program and to consent to the operation of the Program by the County within the geographic boundaries of the City pursuant to the Act; and WHEREAS, this Council finds and determines that the Program complies with the Land Use Element and the Housing Element of the City's General Plan. NOW. THEREFORE, the City Council of the City of Redlands does 'hereby resolve as follows: 1 . This City Council does hereby find and declare that the above recitals are true and correct. 2. The City hereby adopts the Program for the purpose of increasing the rental housing supply in the County and in the City and consents to the operation of the Program by the County with respect to project cite (as defined in the Cooperation Agreement hereinafter mentioned) located within the geographical boundaries of the City. 3. The Cooperative Agreement, dated as of A2r11 2 1985, between the County and the City (the "Agreement") , a copy of which is attached hereto as Exhibit A, is hereby approved, and the Mayor and City Cleric are hereby authorized and directed to execute and deliver said Agreement, for and in the name of and on behalf of the City. The Mayor, with the advice and consent of the City Attorney, is authorized to approve any additions to or changes in the form of said Agreement which they deem necessary or advisable, their approval of such additions or changes to be conclusively evidenced by the execution by the Mayor of said Agreement as so added to or changed. The Mayor, with the advice and consent of the City Attorney, is further authorized to enter into such additional agreements with the County, execute such other documents and take such other actions as they may deem necessary or appropriate to carry out the purpose and intent of the Agreement or to cooperate in the implementation of the Program. 4. This resolution shall take effect from and after its adoption. PASSED, APPROVED AND ADOPTED this 2nd day of April 1985. Mayor ATTEST: Cl r ' ERK I , Lorrie Poyzer, City Clerk, City of Redlands , hereby certify that the foregoing resolution was adopted by the City Council at a regular meeting thereof held on the 2nd day of April , 1985 , by the following vote : AYES : Councilmembers Johnson, Larsen; Mayor Beswick NOES : Councilman DeMirjyn ABSENT: Councilman Martinez City C er c ; (-It --- f Red-lands EXHIBIT "A" COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF REDLANDS THIS COOPERATIVE AGREEMENT (this "Cooperative Agreement") is hereby made and entered into as of April 2 , 1985 by and between the COUNTY OF SAN BERNARDINO, a legal subdivision and body corporate and politic of the State of California (the "County" , and the CITY OF REDLANDS, a municipal corporation located in the County (the "City") . WITNESSETH WHEREAS, the County has determined to engage in a multifamily rental housing mortgage finance program (the "Program") pursuant to Chapter 7 of Part 5 of Division 31 of the Health and Safety Code of the State of California (the "Act") to finance construction or mortgage loans for the development of a multifamily rental housing project in the County, all as provided for in the Act; and WHEREAS, the County has determined to borrow money to finance the Program by the issuance of revenue bonds (the "Bonds") as authorized by the Act; and WHEREAS, the City is willing to cooperate with the County pursuant to its implementation of the Program within the corporate boundaries of the City, provided that; (1 ) such cooperation and implementation shall in no way limit the City' s ability to exercise its owner powers and develop its own similar program on other sites ; and (2) the City shall retain all normal planning and building approval processes and authority over the County Program within th City' s corporate limits; NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the parties hereto agree as follows : SECTION 1 . The words and phrases of this Cooperative Agreement shall , for all purposes hereof unless other defined , have the meaning assigned to such words and phrases in tna pct : SECTION 2 . The County agrees to use its best efforts to undertake the Program and to issue the Bonds therefore as soon as the County determines the same to be necessary and advisable. SECTION 3 , The City represents that: ( I) the City has heretofore adopted a General Plan for th City which it believes to be in conformance with the provisions of the Planning and Zoning Law of the State of California (Government Code Section 65000 et . seq . ) ; ( II) said General Plan includes a Land Use Element and a Housing Element as required by Government Code Section 65302; and ( III) the Program and Program Site do comply with said Land Use Element and Housing Element. SECTION 4. The City agrees that the County may make a multifamily rental housing mortgage under the Program, and that the County may exercise any and all of the City' s powers for the purpose of financing a multifamily rental housing mortgage pursuant to the Act with respect to a project located on southwest corner of State and New York streets, to be developed by W. J. E. Corporation and with the preliminary names of New York Gardens . SECTION 5. The City agrees to undertake such further proceedings or actions as may be necessary in order to carry out the terms and the intent of this Cooperative Agreement; and the City further agrees to refrain from taking any action, which would, to its knowledge, tend to adversely affect the rating on the Bonds to be issued by the County pursuant hereto; provided that nothing in this Cooperative Agreement shall in any way or manner be construed to restrain, or in any way limit, the exercise by the City of its Planning, Land Use, Building Permit, or other authority, over any aspect of the Program herein proposed. SECTION 6. Nothing in this Cooperative Agreement shall prevent the County or the City from entering into one or more agreements with other political subdivisions within their respective boundaries, if deemed necessary and advisable to do so by the County or the City, nor shall anything in this Cooperative Agreement be construed as limiting the exercise by the County or the City of any of their respective applicable powers or authorities . SECTION 7. This Cooperative Agreement may be amended by one or more supplemental agreements executed by the County and the City at any time, except that no such amendment or supplement shall be made which shall adversely affect the rights of the holders of the Bonds issued by the County in connection with the Program. SECTION 8. The term of this Cooperative Agreement shall commence on the date first above written and terminate at the end of the origination period for mortgage loans under the loan for the Program. a IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement to be executed and attested by their proper officers thereunto duly authorized, and their Official Seals to be hereto affixed, all as of the date first above written. COUNTY OF SAN BERNARDINO CITY OF REDLANDS By: By: �P Chairman, Board of Supervisors Mayor ATTEST: ATTEST: CLERK OF THE BOARD OF SUPERVISORS By: By. ity C1er•k'- ' I APPROVED AS TO LEGAL FORM: By: Deputy County Counsel ti C;11 O 1�ejlaotj.4 rflliOtM�* April 3, 1995 Ellen McLean Office of Community Development 474 West Fifth Street San Bernardino, CA 92415-0040 Dear Ellen: The City Council approved the Resolution you sent us and the Cooperative Agreement pertaining to W.J.E. Corporation. Enclosed are signed copies. Please have the proper County persons sign one original and return it to me for our files. A related matter is the regulatory agreement for this project. City staff and Mr. Engevik desire that you incorporate our density bonus/mortgage revenue bond conditions into your regulatory agreement, if possible. These conditions, as approved by the City Council, are enclosed. Please send me a copy of the draft regulatory agreement for my review and approval of these conditions. If you have any questions, please feel free to call. Thank you very much for your cooperation and assistance in producing good rental projects for Redlands. Sincerely, W. C. SCHINDLER, Administrator DEPARTMENT OF PLANNING AND G MMlJNITY DEVELOPMENT DARRELL COZEN, Assistant DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT WCS:DC:dw cc Wilmer Engevik 30 CAJON STREET, P.O. BOX 280 • REDLANDS, CA 92373 • (714) 793.2841