Resolution No.2025-323
Resolution 2025-323
July 2, 2025
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RESOLUTION NO. 2025-323
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA (THE
“CITY”) AUTHORIZING THE CITY TO BECOME AN
ADDITIONAL MEMBER OF THE CALIFORNIA
COMMUNITY HOUSING AGENCY (THE “AGENCY”);
APPROVING, AUTHORIZING AND DIRECTING THE
EXECUTION OF A JOINT EXERCISE OF POWERS
AGREEMENT RELATING TO THE AGENCY AND ONE OR
MORE PUBLIC BENEFIT AGREEMENTS WITH THE
AGENCY; AND APPROVING THE AGENCY’S ISSUANCE
OF REVENUE BONDS FOR THE NEW CONSTRUCTION
OF ESSENTIAL MIDDLE-INCOME HOUSING PROJECTS
WITHIN CITY LIMITS
WHEREAS, the Agency is a Joint Powers Authority created pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “Act”), and a Joint Exercise of Powers Agreement Relating to the Agency among certain public agencies (the “Agreement”), in order to produce, preserve and protect quality affordable rental housing made available to California’s essential middle-income workforce; and WHEREAS, one of the primary goals of the City is to meet the growing housing needs of its residents by actively supporting the production, preservation and protection of affordable rental housing for all; and
WHEREAS, the City, has determined that it is in the public interest and for the public benefit that the City become an Additional Member of the Agency pursuant to Section 12 of the Agreement in order to facilitate the production, preservation and protection of quality affordable rental housing for the City’s essential middle-income workforce, including the financing of projects therefor by the Agency; and
WHEREAS, the Agreement has been filed with the City, and the members of the City Council of the City (the “City Council”), with the assistance of its staff, have reviewed said document, and the City proposes to become an Additional Member of the Agency; and WHEREAS, the Agency proposes to issue from time to time its governmental purpose revenue bonds (the “Bonds”) and use the proceeds thereof to finance the acquisition, construction, development, and certain related costs of new construction middle-income multifamily rental housing developments within the City (each, a “Project”); and WHEREAS, the Agency proposes to grant the City in connection with the financing of any Project the option, but never the obligation, to gift the Project to a non-profit organization with Resolution No.2025-323
Resolution 2025-323
July 2, 2025
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housing as its prime initiative, commencing on the date fifty-five (55) years after the Agency’s acquisition of such Project pursuant to a Public Benefit Agreement (the “Public Benefit Agreement”), between the Agency and the City, the form of which has been filed with the City Council; and
WHEREAS, it is in the public interest and for the public benefit that the City Council approve the issuance of the Bonds by the Agency for the aforesaid purposes; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, AS FOLLOWS:
Section 1.The foregoing recitals are true and correct and are hereby incorporated herein by this reference.
Section 2.The City hereby requests, and the City Council hereby authorizes, the City to become an Additional Member of the Agency pursuant to Section 12 of the Agreement. The Agreement is hereby approved and the City Manager or the designee thereof is hereby authorized and directed to execute the Agreement and the City Clerk or such Clerk’s designee is hereby authorized and directed to attest thereto.
Section 3.The proposed form of Public Benefit Agreement on file with the City Council is hereby approved. In connection with any Project, the City Manager or the designee thereof is hereby authorized and directed to execute an agreement in substantially said form, with such changes therein as such officer executing the same may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof.
Section 4.The City Council hereby supports and approves the Agency’s issuance of Bonds from time to time to finance the Projects.
Section 5.The issuance of Bonds shall be subject to the approval of the Agency of all financing documents relating thereto to which the Agency is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.
Section 6.The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct any Project or any refinancing of any Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation or operation of any Project; (iii) make any contribution or advance any funds whatsoever to the Agency; or (iv) except as provided in this Resolution, take any further action with respect to the Agency or its membership therein.
Section 7.The executing officers(s), the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized.
Resolution No.2025-323
Resolution 2025-323
July 2, 2025
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Section 8.The City Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the Agency.
Section 9.CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Section 10.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
Section 11.This Resolution shall take effect immediately upon its passage.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2nd day of July 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Resolution No.2025-323
Resolution 2025-323
July 2, 2025
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-323, adopted at a regular meeting held on the 2 nd day of July 2025 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 3rd day of July 2025.
Telicia Lopez, CMC, Acting City Clerk