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HomeMy WebLinkAbout07.A- City Attorney DOC ID: 1544 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Reorganization From: James F. Penman M/CC Meeting Date: 01/23/2012 Prepared by: Stephen R. Onstot,(909)384- 5355 Dept: City Attorney Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino to Appoint the San Bernardino Economic Development Corporation to Administer Successor Agency Activities of the City in Its Capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino. Financial Impact: unknown Balance as of: <<Insert Date>> Balance after approval of this item: «Insert Amount>> Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred,but not yet processed. Motion: Table. Synopsis of Previous Council Action: This item is continued from the January 9,2012 Council meeting. Background: On January 9,2012 the City Council considered and adopted a Resolution agreeing to become the "successor agency"to the Redevelopment Agency,when such Redevelopment Agency dissolves on February 1,2012. Such Resolution originally contained the following provision, which was removed from the Resolution prior to its adoption and its consideration continued to the Council meeting of January 23,2012: Section 2. The Council hereby designates the San Bernardino Economic Development Corporation, a California non-profit corporation (the "SBEDC"), as the entity that shall assume all obligations, liabilities and responsibilities for the administration of and preparation of actions that may be required to be taken by the City or the Council at later dates for compliance with the provisions of ABxI 26 during the current 2011-12 fiscal year and during all subsequent fiscal years until otherwise directed by the Council. It is the intent Updated: 1/19/2012 by Maym Ochiqui 1544 of the Council that the SBEDC shall assign staff and enter into contracts with consultants and legal counsel to prepare all such subsequent actions that may be required of the City by electing to serve as the successor agency and the successor entity to the Agency for the matters as approved pursuant to this Resolution. Because(1)there is no requirement for the City,as successor agency,to address administration of successor agency activities at this time, and(2)such provision conflicts with the City Charter, the City Attorney's Office recommends that consideration of this provision be tabled. Supporting Documents: Updated: 1/19/2012 by Mays Ochiqui