HomeMy WebLinkAboutR35-Economic Development Agency f 1
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ECONOMIC
O THE CITY OFSN ERNARDNOENCY ORIGINAL
FROM: Maggie Pacheco SUBJECT: Amendment to the Economic Development
Executive Director Agency's Fiscal Year 2007-2008 Budget
DATE: January 14,2008
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Synopsis of Previous Commission/Council/Committee Action(s):
On June 21, 2007, the Community Development Commission approved the Economic Development Agency's ("Agency")
fiscal year 2007-2008 Budget,with the exception of a$9.6 million reserve set-aside for appropriations at a later date.
On September 17, 2007, the Community Development Commission continued discussion on the Economic Development
Agency's fiscal year 2007-2008 Budget and carry-over fund balance until January 2008.
Recommended Motion(s):
(Mayor and Common Council)
A: Resolution of the Mayor and Common Council of the City of San Bernardino, California, approving a Cooperative
Agreement by and between the Economic Development Agency("Agency") and the City of San Bernardino ("City")
and authorizing the City Manager of the City to execute that certain Cooperative Agreement
(Community Development Commission)
B: Resolution of the Community Development Commission of the City of San Bernardino, California, approving an
amendment to the Economic Development Agency's ("Agency") fiscal year 2007-2008 Budget to allow for Tax
Increment Fund balance carry-over funds and salary savings to be used for eligible fiscal year 2007-2008 one-time
City expenditures and approving and authorizing the Executive Director of the Agency to execute that certain
Cooperative Agreement by and between the Agency and the City
C: Resolution of the Community Development Commission of the City of San Bernardino, California, approving the
Economic Development Agency's ("Agency") analysis and determination of the appropriateness of the planning and
administration expenditures of the Low- and Moderate-Income Housing Fund for the fiscal year 2007-2008 Agency
Budget
D: That the Community Development Commission of the City of San Bernardino, California, forgive the Agency's
Verdemont Loan Receivable,plus all accrued interest,due from the City of San Bernardino
Contact Person(s): Maggie Pacheco/Barbara Lindseth Phone: (909)663-1044
Project Area(s): All Ward(s): All
Supporting Data Attached: 0 Staff Report P Resolution(s)El Agreement(s)Contract(s)❑Map(s)❑Letters
FUNDING REQUIREMENTS: Amount: $ 1,834,200 Source: All
Budget Authority: Requested
Signature: Fiscal Review: ,
ggie Padhecof,Executive Director Barbara Lindseth,Administrative Sery ces Director
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Commission/Council Notes: LSD 5 �QQB�,�} e4G1-2 oy S-
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P:\Agendas\Comm Dev Commission\CDC 2008\01-22-08 EDA Budget FY 07-08-Amendment No.1 SR.doc COMMISSION MEETING AGENDA
Meeting Date: 01/222//2008 1/�
Agenda Item Number: � 36
T
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
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AMENDMENT TO THE ECONOMIC DEVELOPMENT AGENCY'S
FISCAL YEAR 2007-2008 BUDGET
BACKGROUND:
The City of San Bernardino Economic Development Agency's("Agency")adopted budget for the fiscal year 2007-
2008 anticipates resources totaling $93 million. Of this total, $9.6 million in carry-over Tax Increment Fund
balances were earmarked for various proposed projects within the redevelopment project areas. When the
Community Development Commission of the City of San Bernardino ("Commission") adopted the Agency's fiscal
year 2007-2008 Budget on June 21, 2007, these proposed projects were removed by the Commission from the
adopted budget in order to allow future discussions to take place as to how this fund balance carry-over of$9.6
million may best be used.
On July 16, 2007, the City Council of the City of San Bernardino ("Council") approved, based upon the Budget
Ad-Hoc Committee's recommendation, that $1,320,900 (however, the total of the City of San Bernardino's
("City")expenditures as listed in the City's staff report is $1,320,200)be allocated from the Agency's accumulated
carry-over fund balance of$9.6 million to be used on a one-time basis for the following City expenditures for the
fiscal year 2007-2008 only, with the exception of the allocation of $230,000 for the Development Services
Department's reorganization(0)which will be paid from Agency salary savings:
1. San Bernardino Convention and Visitors Bureau $460,000 (Project Areas*)
2. COP payment Central Police Dept. building $493,100 (Central City North)
3. Police costs related to the Carousel Mall $267,100 (Central City Projects)
4. City overhead and costs related to the Agency's new positions $100,000 (Project Areas*)
Sub-Total $1,320,200
** 5. Los Padrinos graffiti abatement in Project Areas $120,000 (Project Areas*)
*** 6. Enterprise Zone expenses-City/County MOU $164,000 (Project Areas*)
****7. Development Services reorganization $230,000 (Project Areas*)
Total $1,834,200
* Allocation of$1,074,000 amongst State College, Southeast Industrial Park,Northwest, Tri City, South Valle, Mt.
Vernon Corridor and 40`h Street Redevelopment Project Areas (approximately $153,429 for each of these project
areas).
** The line item request of$120,000 for Los Padrinos arose after the September 17, 2007, Commission Budget
discussion. These funds will be used to help off-set the cost of graffiti abatement within the redevelopment project
areas. The amount of$120,000 is based upon the redevelopment project areas funding approximately 20% of the
total cost($588,000)of City-wide graffiti abatement.
*** This line item was added at the request of the City Manager subsequent to the Budget Ad-Hoc Committee's
recommendation, and subsequent to the September 17, 2007, Commission Budget discussion. Under an MOU
between the City, the City of Colton, the County of San Bernardino and the Inland Valley Development Agency
("IVDA"), each of the jurisdictions committed to funding administrator of the Enterprise Zone over a 5-year
budget. This 5-year budget is $881,000,of which the City's share is $336,572 pursuant to the terms of the MOU.
**** The line item request for the Development Services Department's reorganization arose after the September
17, 2007, Commission Budget discussion. It is proposed that the approved Agency positions of Senior Urban
Planner and Senior Civil Engineer Land Planning (originally intended to assist the Development Services
Department)be deleted and that the approximate$230,000 budgeted for these positions be reallocated from Agency
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P:\Agendas\Comm Dev Commission\CDC 2008\01-22-08 EDA Budget FY 07-08-Amendment No.1 SRdoc COMMISSION MEETING AGENDA
Meeting Date: 01/22/2008
Agenda Item Number:
Economic Development Agency Staff Report
Agency 2007-2008 Budget Amendment
Page 2
salary savings to fund the reorganization of Development Services as approved by the Council on November 19,
2007.
As mentioned above, on September 17, 2007, the Commission held discussions on the remaining carry-over fund
balance of approximately $8.3 million (excluding the additional requests of $284,000 and the $230,000
reallocation). Staff continued further discussions with each of the Commission members during the months of
December 2007 and January 2008. After the priorities of the Commission are summarized, it is anticipated that a
comprehensive City-wide plan of the best uses of the redevelopment carry-over fund balance will be presented to
the Commission in late February 2008.
At the budget hearing of June 20, 2006, Staff was asked to explore possibilities of assisting the City to fund a
portion or to off-set some of the $1.8 million anticipated City deficit. While the Agency cannot directly fund City
departmental general fund expenditures, it was possible to forgo revenues anticipated to be received from the City
and for the Agency to reimburse the City for costs of the Commission Chairperson's office dealing with
redevelopment/economic development and other expenditures related to economic development transactions in the
redevelopment project areas for the fiscal year 2006-2007. Based upon the City's negative budget forecast in the
fiscal year 2007-2008, these reductions to revenue and additional expenditures have been continued in the Agency
adopted fiscal year 2007-2008 Budget, along with a portion of the Carousel Mall janitorial services, additional
funding for the Chairperson's office and new funding for the Council office.
Actual Adopted
Revenue Received by the Agency—Budget Reduction each Fiscal Year: FY 2006-2007 FY 2007-2008
1. CATV lease payment for 201 building space $34,800 $34,800
(currently, Code Enforcement below market rent)
2. South Valle COP Bond City reimbursement $182,200 $182,200
3. City sales tax reimbursements $137,000 $137,000
4. City payment HUB project costs $6.9 million note $200,000 $200,000
Expenditure of the Agency—Budget Addition Fiscal Year:
1. Commission Chairperson's office salaries/consultant $146,000 $196,000
2. Council Offices -0- $50,000
3. City Attorney Rent Assist. Program(Investigator salary approx. $500,000 $300,000
$30,000)
4. Carousel Mall janitorial -0- $350,000
Total Budget Changes $1,200,000 $1,450,000
In addition, there are on-going expenditures incurred by the Agency on behalf of the City. These expenditures are
as follows:
On-going Expenditures:
1. Bond debt service Police Facility($9 million matures 2026) $765,000
2. Bond debt service Stadium($13 million matures 2026) $1,190,000
3. Bond debt service Soccer Park($2.9 million matures 2026) $255,000
4. Carousel Mall security(anticipated not to exceed$337,500) $450,000
5. Development Services/Building Division 1/2 salary mobile home inspector $33,000
Total On-going $2,693,000
Total On-going combined with Adopted FY 2007-2008 Budget Changes $4,143,000
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P:\Agendas\Comm Dev Commission\CDC 2008\01-22-08 EDA Budget FY 07-08-Amendment No 1 SR.doc COMMISSION MEETING AGENDA
Meeting Date: 01/22/20008
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Agenda Item Number: J
Economic Development Agency Staff Report
Agency 2007-2008 Budget Amendment
Page 3
In the approved fiscal year 2007-2008 Budget, five (5) authorized staff positions contained within the Agency's
reorganization will also benefit the City in the total amount of$638,000; however, now two (2) of these positions,
as mentioned above, are proposed to be eliminated and the funds reallocated from Agency salary savings to assist
the Development Services Department's reorganization. In addition, Agency Staff administers the City's CDBG,
HOME, NIP and ESG Funds, and the Agency will be responsible for administering and implementing the
Enterprise Zone,which was conditionally approved in October 14,2006.
Also, Agency Staff brought forward to the Redevelopment Committee on July 20, 2007, a proposal to forgive the
City's obligation to repay the Agency the Verdemont Infrastructure Loan created in 1993 in the principal amount of
$1,556,000, plus accrued interest at 5% since August 2005 (estimated at $188,000), in order to assist the City and
the Agency to design and construct much needed road improvements such as the extension of Frontage Road
between Little League Drive and Devore in the Verdemont area. On July 7, 2007, the Redevelopment Committee
recommended approval of the forgiveness of the principal balance and accrued interest of the Agency's loan to the
City,and therefore the recommendation is contained in the motions above.
At this time, it is necessary to amend the Agency's adopted fiscal year 2007-2008 Budget in the amount of
$1,604,200 to allow the Agency to pay for fiscal year 2007-2008 one-time City expenditures from accumulated
carry-over Tax Increment Fund balances, and to reallocate $230,000 from Agency salaries and benefits available
after the deletion of the Agency positions of Senior Urban Planner and Senior Civil Engineer Land Planning(total
of$1,834,200). The$9.6 million will thus be reduced to $7,995,800 in available carry-over Tax Increment Funds.
Additionally, in reference to the use of Low- and Moderate-Income Housing Funds used for planning and general
administrative costs, Section 33334.3(d) of the Health and Safety Code states: "It is the intent of the Legislature
that the Low- and Moderate-Income Housing Fund be used to the maximum extent possible to defray the costs of
production, improvement, and preservation of low- and moderate-income housing and that the amount of money
spent for planning and general administrative activities associated with the development, improvement, and
preservation of that housing not be disproportionate to the amount actually spent for the costs of production,
improvement, or preservation of that housing. The Agency shall determine annually that the planning and
administration expenses are necessary for the production, improvement, or preservation of low- and moderate-
income housing."
In order to be in compliance with this law, Agency Staff annually determines through various calculations that the
amounts budgeted and anticipated to be spent on such planning and administrative expenses are reasonable and
proportionate to development and program costs anticipated to be funded with Low- and Moderate-Income
Housing Funds. This calculation has been reviewed annually by the Agency's independent financial auditors, and
the Agency's auditors have found the Agency to be in compliance with the redevelopment law. If the Agency were
not in compliance, this would result in a major audit finding, which the Agency's auditors would disclose in the
Annual Financial Report ("Audit"). Descriptions of what are considered by law to be major audit findings,
including this requirement, are listed annually in the Agency's Audit, in the Management and Discussion Analysis
("MD&A") Section,along with a statement as to the Agency's current compliance with the redevelopment law. It
is therefore recommended that the Agency's legislative body adopt a formal determination as to compliance with
Section 33334.3(d)of the Health and Safety Code for this 2007-2008 fiscal year to establish a public record that the
administration and planning costs charged to the use of the Low- and Moderate-Income Housing Funds is not
disproportionate due to the increased funding of various City related items as Agency expenditures. Hence,
following are the calculations determining compliance with Section 33334.3(d) based upon anticipated
expenditures of planning and administration costs in the Agency's fiscal year 2007-2008 Budget:
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P:\Agendas\Comm Dev Commission\CDC 2008\01-22-08 EDA Budget FY 07-08-Amendment No.1 SR.doc COMMISSION MEETING AGENDA
Meeting Date: 01/22/2008
Agenda Item Number: `
Economic Development Agency Staff Report
Agency 2007-2008 Budget Amendment
Page 4
Percentage of Agency Planning and Administration in Relationship to Anticipated Budgeted
Expenditures for Low- and Moderate-Housing Activities
as a Percentage of the Total Budget
Total Low and Moderate Approved Budget FY 2007-2008: $25,233,362
Anticipated Planning and Administration:
Administrative salaries and benefits $1,015,980 4.03%
Administrative overhead and operations $202,080 0.80%
Legal services $150,000 0,60%
General consulting/audit services $183,500 0.73%
Consulting/engineering/planning $180,000 0.72%
Total Planning and Administration $1,731,560 6.88%
All other Programs/Developments/Projects: $23,501,802 93.12%
Based on the calculations, it is determined that the Agency's anticipated planning and administration expenditures
comprise less than 7%of the total fiscal year 2007-2008 Budget for the Low-and Moderate-Income Housing Fund,
which are fair and reasonable and not disproportionate towards development expenditures, and necessary to assist,
create, administer and monitor the various programs, developments and projects of the Low- and Moderate-Income
Housing Fund as required by law.
ENVIRONMENTAL IMPACT:
None.
FISCAL IMPACT:
The fiscal impact of the Amendment to the Agency's fiscal year 2007-2008 Budget will be $1,834,200, as outlined
in the Staff Report.
RECOMMENDATION:
That the Mayor and Common Council and Community Development Commission adopt the attached Resolutions
and Motion.
Maggie Pacheco,Executive Director
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P:\Agendas\Comm Dev CommissiorXDC 2008\01-22-08 EDA Budget FY 07-08.Amendment No.I SR.doc COMMISSION MEETING AGENDA
Meeting Date: 01/22/2008
Agenda Item Number: -
o ®
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO, CALIFORNIA, APPROVING A COOPERATIVE
AGREEMENT BY AND BETWEEN THE ECONOMIC DEVELOPMENT
4 AGENCY ("AGENCY") AND THE CITY OF SAN BERNARDINO ("CITY")
AND AUTHORIZING THE CITY MANAGER OF THE CITY TO EXECUTE
5 THAT CERTAIN COOPERATIVE AGREEMENT
6 WHEREAS, on July 16, 2007, the City Council of the City of San Bernardino ("Council")
7 approved, based upon the Budget Ad-Hoc Committee's recommendation, that $1,320,200 be
8 allocated from the Economic Development Agency's ("Agency') Tax Increment Fund balances for
9 the following eligible City of San Bernardino ("City") one-time expenditures for the Fiscal Year
10 2007-2008 only, in accordance with the attached Staff Report: 1) San Bernardino Convention and
11 Visitor's Bureau - $460,000; 2) COP payment Central Police Department building - $493,100; 3)
12 Police costs related to the Carousel Mall - $267,100; and 4) City overhead and costs related to five
13 (5)new Agency Staff positions to be located within City Hall - $100,000; and
14 WHEREAS, it is further proposed for the Agency to fund Los Padrinos graffiti abatement
15 within redevelopment project areas ($120,000), fund Enterprise Zone expenditures ($164,000), and
16 to delete the Agency Staff positions for one (1) of the two (2) previously approved positions of
i7 Senior Urban Planner and Senior Civil Engineer Land Planning and reallocate $230,000 from the
18 Agency's budgeted salary savings to the City's Development Services Department's reorganization,
19 thus reducing the new number of Agency Staff positions from five (5) to three (3) to be located
20 within City Hall; and
21 WHEREAS, the Council desires to approve a Cooperative Agreement between the Agency
22 and the City relating to one-time funding by the Agency of$100,000, as part of the $1,834,200, as
23 outlined in the Staff Report, for certain City expenditures to be applied exclusively to the City's
24 overhead and costs related to the three (3) new Agency Staff positions (Senior Urban Planner,
25 GIS/Graphic Analyst, and Human Resource Analyst)to be located within City Hall.
26 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
27 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS
28 FOLLOWS:
1
I Section 1. The Recitals of this Resolution are true and correct.
2 Section 2. The Council hereby approves and adopts a Cooperative Agreement between
3 the City and the Agency relating to the one-time funding by the Agency of$100,000, as part of the
4 $1,834,200, as outlined in the Staff Report, associated exclusively with the City's overhead and
5 costs related to the three (3) new Agency positions (Senior Urban Planner, GIS/Graphic Analyst,
6 and Human Resource Analyst) to be located within City Hall, and the City Manager is hereby
7 authorized and directed to execute that certain Cooperative Agreement on behalf of the City.
8 Section 3. The Resolution shall become effective immediately upon its adoption and
9 execution in the manner as required by the City Charter.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, APPROVING A COOPERATIVE
2 AGREEMENT BY AND BETWEEN THE ECONOMIC DEVELOPMENT
3 AGENCY ("AGENCY") AND THE CITY OF SAN BERNARDINO ("CITY")
AND AUTHORIZING THE CITY MANAGER OF THE CITY TO EXECUTE
4 THAT CERTAIN COOPERATIVE AGREEMENT
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof,
7 held on the day of , 2008, by the following vote to wit:
8 Council Members: Ayes Nays Abstain Absent
9 ESTRADA
10 BAXTER
11 BRINKER
12 DERRY
13 KELLEY
14 JOHNSON
15 MC CAMMACK
16
17 Rachel G. Clark, City Clerk
18 The foregoing Resolution is hereby approved this day of , 2008.
19
20
Patrick J. Morris, Mayor
21 City of San Bernardino
22 Approved as to Form:
23
24 By:
25 James F. Penman, City Atto ey
26
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3
I RESOLUTION NO.
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
3 THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN
AMENDMENT TO THE ECONOMIC DEVELOPMENT AGENCY'S
4 ("AGENCY") FISCAL YEAR 2007-2008 BUDGET TO ALLOW FOR TAX
INCREMENT FUND BALANCE CARRY-OVER FUNDS AND SALARY
5 SAVINGS TO BE USED FOR ELIGIBLE FISCAL YEAR 2007-2008 ONE-
TIME CITY EXPENDITURES AND APPROVING AND AUTHORIZING THE
6 EXECUTIVE DIRECTOR OF THE AGENCY TO EXECUTE THAT
7 CERTAIN COOPERATIVE AGREEMENT BY AND BETWEEN THE
AGENCY AND THE CITY
8
9 WHEREAS, on June 21, 2007, the Community Development Commission of the City of San
10 Bernardino ("Commission"), adopted the Economic Development Agency's ("Agency")Fiscal Year
11 2007-2008 Budget, with the exception of$9.6 million allocated to projects funded with accumulated
12 carry-over Tax Increment Fund balances for one-time expenditures; and
13 WHEREAS, the Commission desires to adopt the finding that the funding by the Agency of
14 all of the City of San Bernardino ("City") expenditures, as outlined in the Staff Report, are eligible
15 expenditures of tax increment revenues and will benefit the City and the Agency; and
16 WHEREAS, the Commission desires to approve a Cooperative Agreement between the
17 Agency and the City relating to one-time funding by the Agency of $100,000, as part of the
18 $1,834,200, as outlined in the Staff Report, for certain City expenditures to be applied exclusively to
19 the City's overhead and costs related to the three (3) new Agency positions (Senior Urban Planner,
20 GIS/Graphic Analyst, and Human Resource Analyst) to be located within City Hall; and
21 WHEREAS, the Commission desires to delete the Agency positions of one (1) of the two (2)
22 previously approved Senior Urban Planners and the Senior Civil Engineer Land Planning and
23 reallocate $230,000 from the Agency's budgeted salary savings to the City's Development Services
24 Department's reorganization; and
25 WHEREAS, the Commission desires to approve and adopt an amendment to the Agency's
26 Fiscal Year 2007-2008 Budget to allocate $1,604,200 from the accumulated carry-over Tax
27 Increment Fund balances and reallocate $230,000 from Agency salary savings for one-time eligible
28 fiscal year 2007-2008 City expenditures, as outlined in the Staff Report.
1
I NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
2 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
3 FOLLOWS:
4 Section 1. The Commission hereby approves and adopts the finding that the funding by
5 the Agency of all certain City expenditures, as outlined in the Staff Report, are eligible expenditures
6 of Tax Increment Funds and will benefit the City and the Agency.
7 Section 2. The Commission hereby approves and adopts a Cooperative Agreement
8 between the City and the Agency relating to the one-time funding by the Agency of$100,000, as
9 part of the $1,834,200, as outlined in the Staff Report, associated exclusively with the City's
10 overhead and costs related to the three (3) new Agency positions (Senior Urban Planner,
11 GIS/Graphic Analyst, and Human Resource Analyst) to be located within City Hall. The Executive
12 Director of the Agency is hereby authorized and directed to execute that certain Cooperative
13 Agreement on behalf of the Agency, together with such technical and non-material conforming changes
14 as may be recommended by Agency Counsel.
15 Section 3. The Commission hereby approves and adopts an amendment to the Agency's
16 Budget in the amount of$1,834,200 for one-time eligible fiscal year 2007-2008 City expenditures,
17 as outlined in the Staff Report.
18 Section 4. The Resolution shall become effective immediately upon its adoption.
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1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN
2 AMENDMENT TO THE ECONOMIC DEVELOPMENT AGENCY'S
3 ("AGENCY") FISCAL YEAR 2007-2008 BUDGET TO ALLOW FOR TAX
INCREMENT FUND BALANCE CARRY-OVER FUNDS AND SALARY
4 SAVINGS TO BE USED FOR ELIGIBLE FISCAL YEAR 2007-2008 ONE-
TIME CITY EXPENDITURES AND APPROVING AND AUTHORIZING THE
5 EXECUTIVE DIRECTOR OF THE AGENCY TO EXECUTE THAT
CERTAIN COOPERATIVE AGREEMENT BY AND BETWEEN THE
6 AGENCY AND THE CITY
7
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
8
Development Commission of the City of San Bernardino at a meeting
9
thereof, held on the day of , 2008, by the following vote to wit:
10
Commission Members: Ayes Nays Abstain Absent
11
ESTRADA
12
BAXTER
13
BRINKER
14
DERRY
15 KELLEY
16 JOHNSON
17 MC CAMMACK
18
19
20 Secretary
21 The foregoing Resolution is hereby approved this day of , 2008.
22
23 Patrick J. Morns, Chairperson
24 Community Development Commission
of the City of San Bernardino
25
Approved as to Form:
26
F
27 By: 7 l
28 Agency ou sel
3
2007-2008 Cooperative Agreement
(Economic Development Agency and City of San Bernardino)
This Cooperative Agreement ("Agreement"), dated January 22, 2008, by and between the
Redevelopment Agency of the City of San Bernardino ("Agency"), a public body, corporate and
politic and the City of San Bernardino ("City"), a municipal corporation and charter city, and is
entered into in light of the facts as set forth in the following Recitals:
RECITALS
WHEREAS, on June 21, 2007, the Community Development Commission of the City of
San Bernardino ("Commission") adopted the Agency's Fiscal Year 2007-2008 Budget ("Budget"),
with the exception of $9.6 million allocated to projects funded with accumulated one-time Tax
Increment Fund balances; and
WHEREAS, on July 16, 2007, the City Council of the City of San Bernardino ("Council")
approved, based upon the Budget Ad-Hoc Committee's recommendation, that $1,320,200 be
allocated from the Agency's Tax Increment Fund balances for the following eligible City one-time
expenditures for the Fiscal Year 2007-2008 only, in accordance with the attached Staff Report: 1)
San Bernardino Convention and Visitors Bureau - $460,000; 2) COP payment Central Police
Department building - $493,100; 3) Police costs related to the Carousel Mall - $267,100; and 4)
City overhead and costs related to five (5) new Agency positions - $100,000; and
WHEREAS, on January 22, 2008, the Commission approved, based on the attached Staff
Report, that $1,604,200 be allocated from the Agency's Tax Increment Fund balances for certain
other one-time expenditures, which includes an additional $164,000 for Enterprise Zone expenses
and $120,000 for Los Padrinos graffiti abatement within the redevelopment project areas; and
WHEREAS, on January 22, 2008, the Commission approved, based on the attached Staff
Report, that $230,000 be allocated from Agency salary savings related to the deletion of two (2)
budgeted Agency positions (Senior Urban Planner and Senior Civil Engineer Land Planning); and
WHEREAS, the three (3) new Agency positions to be located within City Hall are as
follows: 1) Senior Urban Planner — one (1) of two (2) positions; 2) GIS/Graphic Analyst; and 3)
Human Resource Analyst; and
WHEREAS, the amount not to exceed $100,000 has been determined, and so approved by
the Council and the Commission to be funded with accumulated Tax Increment Fund balances, to
be necessary for one-time City expenditures such as overhead, equipment, supplies and other City
expenditure items related exclusively to these three (3) new Agency positions, in order to locate
these positions within City Hall; and
WHEREAS, all of these City expenditures, as outlined in the attached Staff Report and as
outlined above, have been determined to be eligible expenditures of Tax Increment Funds and will
benefit the City and the Agency; and
P:\Agendas\Aeenda Attachments\Agrmts-Amend 2008\01-22-08 EDA Budget FY 07-08 Cooperative Agreement doc
WHEREAS, the following represents the redevelopment project areas which will utilize the
Tax Increment Funds for these eligible City expenditures in accordance with the attached Staff
Report: 1) State College; 2) Central City North; 3) Southeast Industrial Park; 4) Northwest; 5) Tri
City; 6) South Valle; 7) Central City Projects; 8) Mt. Vernon Corridor; and 9) 40`h Street; and
WHEREAS, the Agency and the City proposes to enter into this Agreement, as referenced
above, for a term of one (1) year from July 1, 2007,through and including June 30, 2008.
NOW THEREFORE, the parties to this Agreement agree as follows:
Section 1. Recitals.
The facts and statements contained in the Recitals hereto are true and accurate in all
respects to the best knowledge of the parties as of the date hereof.
Section 2. City Expenditures.
As outlined above, the Agency will fund certain City expenditures for the Fiscal
Year 2007-2008 only with Tax Increment Fund balances, including not to exceed
$100,000 to be used exclusively for City one-time expenditures related to the three
(3) new Agency positions to be located within City Hall. The City shall submit to
the Agency, written verification that all or any number of said positions have been
filled and that such positions have been thus occupied for the applicable number of
calendar days for the then current fiscal year, as shall be set forth in said written
verification.
Section 3. Agency Funding.
The following represents the redevelopment project areas which will utilize the Tax
Increment Funds for these eligible City expenditures in accordance with the attached
Staff Report: 1) State College; 2) Central City North; 3) Southeast Industrial Park; 4)
Northwest; 5) Tri City; 6) South Valle; 7) Central City Projects; 8) Mt. Vernon
Corridor; and 9) 40th Street. The Agency and the City hereby enter-into this
Agreement as referenced above for the purposes of funding certain one-time
expenditures of the City from the enumerated redevelopment project areas.
Section 4. Effective Date.
This Agreement shall take effect and be in full force and effect from and after the
date of approval hereof by the governing body of the Agency and the final execution
and delivery of this Agreement by both parties to the Agreement, for the period of
July 1, 2007, through and including June 30, 2008.
L
PAAgendas\Agenda Attachments\Agrmts-Amend 2008\01-22-09 EDA Budget FY 07-08 Cooperative Agreement.doc
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO,
a public body, corporate and politic
Date: By:
Maggie Pacheco, Executive Director
Approved as to Form and Legal Content:
i
By:
Agency C unsel
CITY OF SAN BERNARDINO,
a municipal corporation and charter city
Date: By:
Fred Wilson, City Manager
Approved as to Form:
By: C l(,E 7� f
James F. Penman, City At&6rney
3
P.iAgendasWgenda Attachments\Agrmts-Amend 2008\01-22-08 EDA Budget FY 07-09 Cooperative Agreement.doc
2007-2008 Cooperative Agreement
(Economic Development Agency and City of San Bernardino)
This Cooperative Agreement ("Agreement"), dated January 22, 2008, by and between the
Redevelopment Agency of the City of San Bernardino ("Agency"), a public body, corporate and
politic and the City of San Bernardino ("City"), a municipal corporation and charter city, and is
entered into in light of the facts as set forth in the following Recitals:
RECITALS
WHEREAS, on June 21, 2007, the Community Development Commission of the City of
San Bernardino ("Commission") adopted the Agency's Fiscal Year 2007-2008 Budget ("Budget"),
with the exception of $9.6 million allocated to projects funded with accumulated one-time Tax
Increment Fund balances; and
WHEREAS, on July 16, 2007, the City Council of the City of San Bernardino ("Council")
approved, based upon the Budget Ad-Hoc Committee's recommendation, that $1,320,200 be
allocated from the Agency's Tax Increment Fund balances for the following eligible City one-time
expenditures for the Fiscal Year 2007-2008 only, in accordance with the attached Staff Report: 1)
San Bernardino Convention and Visitors Bureau - $460,000; 2) COP payment Central Police
Department building - $493,100; 3) Police costs related to the Carousel Mall - $267,100; and 4)
City overhead and costs related to five (5) new Agency positions - $100,000; and
WHEREAS, on January 22, 2008, the Commission approved, based on the attached Staff
Report; that $1,604,200 be allocated from the Agency's Tax Increment Fund balances for certain
other one-time expenditures, which includes an additional $164,000 for Enterprise Zone expenses
and $120,000 for Los Padrinos graffiti abatement within the redevelopment project areas; and
WHEREAS, on January 22, 2008, the Commission approved, based on the attached Staff
Report, that $230,000 be allocated from Agency salary savings related to the deletion of two (2)
budgeted Agency positions (Senior Urban Planner and Senior Civil Engineer Land Planning); and
WHEREAS, the three (3) new Agency positions to be located within City Hall are as
follows: 1) Senior Urban Planner — one (1) of two (2) positions; 2) GIS/Graphic Analyst; and 3)
Human Resource Analyst; and
WHEREAS, the amount not to exceed $100,000 has been determined, and so approved by
the Council and the Commission to be funded with accumulated Tax Increment Fund balances, to
be necessary for one-time City expenditures such as overhead, equipment, supplies and other City
expenditure items related exclusively to these three (3) new Agency positions, in order to locate
these positions within City Hall; and
WHEREAS, all of these City expenditures, as outlined in the attached Staff Report and as
outlined above, have been determined to be eligible expenditures of Tax Increment Funds and will
benefit the City and the Agency; and
IPAAgendas\Agenda Attachments\Agrmts-Amend 2008\01-22-08 EDA Budget FY 07-08 Cooperati a Agreement.doc
WHEREAS, the following represents the redevelopment project areas which will utilize the
Tax Increment Funds for these eligible City expenditures in accordance with the attached Staff
Report: 1) State College; 2) Central City North; 3) Southeast Industrial Park; 4) Northwest; 5) Tri
City; 6) South Valle; 7) Central City Projects; 8) Mt. Vernon Corridor; and 9) 40th Street; and
WHEREAS, the Agency and the City proposes to enter into this Agreement, as referenced
above, for a term of one (1) year from July 1, 2007, through and including June 30, 2008.
NOW THEREFORE, the parties to this Agreement agree as follows:
Section 1. Recitals.
The facts and statements contained in the Recitals hereto are true and accurate in all
respects to the best knowledge of the parties as of the date hereof.
Section 2. City Expenditures.
As outlined above, the Agency will fund certain City expenditures for the Fiscal
Year 2007-2008 only with Tax Increment Fund balances, including not to exceed
$100,000 to be used exclusively for City one-time expenditures related to the three
(3) new Agency positions to be located within City Hall. The City shall submit to
the Agency, written verification that all or any number of said positions have been
filled and that such positions have been thus occupied for the applicable number of
calendar days for the then current fiscal year, as shall be set forth in said written
verification.
Section 3. Agency Funding.
The following represents the redevelopment project areas which will utilize the Tax
Increment Funds for these eligible City expenditures in accordance with the attached
Staff Report: 1) State College; 2) Central City North; 3) Southeast Industrial Park; 4)
Northwest; 5) Tri City; 6) South Valle; 7) Central City Projects; 8) Mt. Verrion
Corridor; and 9) 40`h Street. The Agency and the City hereby enter-into this
Agreement as referenced above for the purposes of funding certain one-time
expenditures of the City from the enumerated redevelopment project areas.
Section 4. Effective Date.
This Agreement shall take effect and be in full force and effect from and after the
date of approval hereof by the governing body of the Agency and the final execution
and delivery of this Agreement by both parties to the Agreement, for the period of
July 1, 2007, through and including June 30, 2008.
2
P'Asendas\Agenda Attachments\Agrmts-Amend 2008\01-22-08 EDA Budget FY 07-08 Cooperative Agreement.doc
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO,
a public body, corporate and politic
Date: By:
Maggie Pacheco, Executive Director
Approved as to Form and Legal Content:
By:
Agency unsel
CITY OF SAN BERNARDINO
a municipal corporation and charter city
Date: By:
Fred Wilson, City Manager
Approved as to Form:
By: 6z"Lzz
James F. Penman, City Att ney
3
IP.\AgendasWgenda Attachments�Agrmts-Amend 2008\01-22-08 EDA Budget FY 07-08 Cooperative Agreement doc
2007-2008 Cooperative Agreement
(Economic Development Agency and City of San Bernardino)
This Cooperative Agreement ("Agreement"), dated January 22, 2008, by and between the
Redevelopment Agency of the City of San Bernardino ("Agency"), a public body, corporate and
politic and the City of San Bernardino ("City"), a municipal corporation and charter city, and is
entered into in light of the facts as set forth in the following Recitals:
RECITALS
WHEREAS, on June 21, 2007, the Community Development Commission of the City of
San Bernardino ("Commission") adopted the Agency's Fiscal Year 2007-2008 Budget ("Budget"),
with the exception of $9.6 million allocated to projects funded with accumulated one-time Tax
Increment Fund balances; and
WHEREAS, on July 16, 2007, the City Council of the City of San Bernardino ("Council")
approved, based upon the Budget Ad-Hoc Committee's recommendation, that $1,320,200 be
allocated from the Agency's Tax Increment Fund balances for the following eligible City one-time
expenditures for the Fiscal Year 2007-2008 only, in accordance with the attached Staff Report: 1)
San Bernardino Convention and Visitors Bureau - $460,000; 2) COP payment Central Police
Department building - $493,100; 3) Police costs related to the Carousel Mall - $267,100; and 4)
City overhead and costs related to five (5) new Agency positions - $100,000; and
WHEREAS, on January 22, 2008, the Commission approved, based on the attached Staff
Report, that $1,604,200 be allocated from the Agency's Tax Increment Fund balances for certain
other one-time expenditures, which includes an additional $164,000 for Enterprise Zone expenses
and $120,000 for Los Padrinos graffiti abatement within the redevelopment project areas; and
WHEREAS, on January 22, 2008, the Commission approved, based on the attached Staff
Report, that $230,000 be allocated from Agency salary savings related to the deletion of two (2)
budgeted Agency positions (Senior Urban Planner and Senior Civil Engineer Land Planning); and
WHEREAS, the three (3) new Agency positions to be located within City Hall are as
follows: 1) Senior Urban Planner — one (1) of two (2) positions; 2) GIS/Graphic Analyst; and 3)
Human Resource Analyst; and
WHEREAS, the amount not to exceed $100,000 has been determined, and so approved by
the Council and the Commission to be funded with accumulated Tax Increment Fund balances, to
be necessary for one-time City expenditures such as overhead, equipment, supplies and other City
expenditure items related exclusively to these three (3) new Agency positions, in order to locate
these positions within City Hall; and
WHEREAS, all of these City expenditures, as outlined in the attached Staff Report and as
outlined above, have been determined to be eligible expenditures of Tax Increment Funds and will
benefit the City and the Agency; and
1
P.Agendas\Agenda Attachments\.Agrmts-Amend 2008\01-22-08 EDA Budget FY 07-08 Cooperative Agreement.doc
WHEREAS, the following represents the redevelopment project areas which will utilize the
Tax Increment Funds for these eligible City expenditures in accordance with the attached Staff
Report: 1) State College; 2) Central City North; 3) Southeast Industrial Park-, 4) Northwest; 5) Tri
City; 6) South Valle; 7) Central City Projects; 8) Mt. Vernon Corridor; and 9) 40`x' Street; and
WHEREAS, the Agency and the City proposes to enter into this Agreement, as referenced
above, for a term of one (1) year from July 1, 2007, through and including June 30, 2008.
NOW THEREFORE, the parties to this Agreement agree as follows:
Section L Recitals.
The facts and statements contained in the Recitals hereto are true and accurate in all
respects to the best knowledge of the parties as of the date hereof.
Section 2. Cite Expenditures.
As outlined above, the Agency will fund certain City expenditures for the Fiscal
Year 2007-2008 only with Tax Increment Fund balances, including not to exceed
$100,000 to be used exclusively for City one-time expenditures related to the three
(3) new Agency positions to be located within City Hall. The City shall submit to
the Agency, written verification that all or any number of said positions have been
filled and that such positions have been thus occupied for the applicable number of
calendar days for the then current fiscal year, as shall be set forth in said written
verification.
Section 3. Agency Funding.
The following represents the redevelopment project areas which will utilize the Tax
Increment Funds for these eligible City expenditures in accordance with the attached
Staff Report: 1) State College; 2) Central City North; 3) Southeast Industrial Park; 4)
Northwest; 5) Tri City; 6) South Valle; 7) Central City Projects: 8) Mt. Vernon
Corridor; and 9) 40`x' Street. The Agency and the City -hereby enter-into this
Agreement as referenced above for the purposes of funding certain one-time
expenditures of the City from the enumerated redevelopment project areas.
Section 4. Effective Date.
This Agreement shall take effect and be in full force and effect from and after the
date of approval hereof by the governing body of the Agency and the final execution
and delivery of this Agreement by both parties to the Agreement, for the period of
July 1, 2007, through and including June 30, 2008.
2
P.\Agendas\Agenda Attachments\Ae mts-Amend 2008\01-22-08 EDA Budget FY 07-08 Cooperative Agreementdoc
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO,
a public body, corporate and politic
Date: By:
Maggie Pacheco, Executive Director
Approved as to Form and Legal Content:
By: -
Agency'TXnsel
CITY OF SAN BERNARDINO,
a municipal corporation and charter city
Date: By:
Fred Wilson, City Manager
Approved as to Form:
By:
James F. Penman, City A ` mey
3
P.Agendas\Agenda AttachmentsWgrmts-Amend 2008\01-22-08 EDA Budget FY 07-08 Cooperative Agreement.doc
c (opy,
1 RESOLUTION NO.
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
3 THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
ECONOMIC DEVELOPMENT AGENCY'S ("AGENCY") ANALYSIS AND
4 DETERMINATION OF THE APPROPRIATENESS OF THE PLANNING
AND ADMINISTRATION EXPENDITURES OF THE LOW- AND
5 MODERATE - INCOME HOUSING FUND FOR THE FISCAL YEAR 2007-
6 2008 AGENCY BUDGET
7 WHEREAS, on June 21, 2007, the Community Development Commission of the City of San
8 Bernardino ("Commission") adopted the Economic Development Agency's ("Agency") Fiscal Year
9 2007-2008 Budget, with the exception of$9.6 million of carry-over Tax Increment Fund balances to
10 be allocated to one-time funding of certain projects and activities; and
11 WHEREAS, included in the Agency's Fiscal Year 2007-2008 Budget is the amount of
12 $25,233,362 representing anticipated revenues and expenditures of the Low- and Moderate-Income
13 Housing Fund, of which $1,731,560 has been allocated for the purpose of anticipated planning and
14 administration expenditures; and
15 WHEREAS, Section 33334.3(d) of the Health and Safety Code requires that redevelopment
16 agencies annually determine that the planning and administrative expenditures of the Low- and
17 Moderate-Income Housing Fund are necessary for and not disproportionate to the costs of
18 production, improvement or the preservation of low- and moderate-income housing; and
19 WHEREAS, in compliance with Section 33334.3(d) of the Health and Safety Code, the
20 Agency has made annual calculations to determine that the planning and administrative expenditures
21 are proportionate to and necessary for the production, improvement or preservation of low- and
22 moderate-income housing; and
23 WHEREAS, the Agency's independent financial auditor's have previously reviewed such
24 annual calculations and determination of planning and administrative expenditures in relation to the
25 expenditures for production, improvement or preservation of low- and moderate-income housing
26 and have found the Agency to be in compliance with the Health and Safety Code provisions cited
27 above; and
28
s
I WHEREAS, it has been determined for the fiscal year 2007-2008 that the anticipated
2 planning and administrative expenditures of the Low- and Moderate-Income Housing Fund in the
3 amount of $1,731,560 represent 6.88% of the total budget of $25,233,362, are necessary to
4 implement the required housing programs, and that $23,501,802 or 93.12% of the total budget is
5 anticipated to be spent directly for the production, improvement or preservation of low- and
6 moderate-income housing, as outlined in the Staff Report; and
7 WHEREAS, Section 33334.3(d) of the Health and Safety Code requires the legislative body
8 to adopt the Agency's annual calculation and determination of the proportionality of planning and
9 administrative expenditures, as outlined in the Staff Report.
10 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
11 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
12 FOLLOWS:
13 Section 1. The Commission hereby approves and adopts the Agency's annual
14 calculation and determination for the fiscal year 2007-2008 of the appropriate and necessary
15 anticipated planning and administration expenditures, as outlined in the Staff Report, in relationship
16 to the anticipated expenditures for the production, improvement or preservation of low- and
17 moderate-income housing. The Commission hereby finds and determines that said planning and
18 administration expenditures are reasonable.
19 Section 2. The Resolution shall become effective immediately upon its adoption.
20
21
22
23
24
25
26
27
28
2
I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
2 ECONOMIC DEVELOPMENT AGENCY'S ("AGENCY") ANALYSIS AND
3 DETERMINATION OF THE APPROPRIATENESS OF THE PLANNING
AND ADMINISTRATION EXPENDITURES OF THE LOW- AND
4 MODERATE - INCOME HOUSING FUND FOR THE FISCAL YEAR 2007-
2008 AGENCY BUDGET
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a meeting
8 thereof, held on the day of , 2008,by the following vote to wit:
9 Commission Members: Ayes Nays Abstain Absent
10 ESTRADA
11 BAXTER
12 BRINKER
13 DERRY
14 KELLEY
15 JOHNSON
16 MC CAMMACK
17
18 Secretary
19
The foregoing Resolution is hereby approved this day of 12008.
20
21
22 Patrick J. Morris, Chairperson
Community Development Commission
23 of the City of San Bernardino
24 Approved as to Form:
25 /
By'
26
Agency C nsel
27
28