HomeMy WebLinkAbout2012-297 RESOLUTION NO. 2012-297
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO SERVING IN ITS CAPACITY AS THE HOUSING
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY
4 OF SAN BERNARDINO DETERMINING CERTAIN LOAN AGREEMENTS,
5 PROMISSORY NOTES, DEED OF TRUST(S) AND/OR COVENANTS
RELATING TO CERTAIN REAL PROPERTY ARE HOUSING ASSETS AND
6 AUTHORIZING THE TRANSFER OF SAID HOUSING ASSETS FROM THE
FORMER REDEVELOPMENT AGENCY TO THE CITY IN ITS CAPACITY AS
7 SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO
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9 WHEREAS, on January 9, 2012, the Mayor and Common Council of the City of San
10 Bernardino ("Council') adopted Resolution No. 2012-12 confirming that the City of San Bernardino
11 would be the Successor Agency to the Redevelopment Agency ("Agency") of the City of San
12 Bernardino ( g"Successor Agency") effective February 1, 2012, pursuant to AB1X 26 (The
13 Redevelopment Agency Dissolution Act); and
14 WHEREAS, on January 23, 2012, the Council adopted Resolution No. 2012-19 providing
for the City to become the Housing Successor and to perform housing functions previously
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performed by the Agency; and
16 WHEREAS, pursuant to Health & Safety Code Section 34181(c) of AB1X 26 the Oversight
17 Board is to direct the transfer of housing responsibilities, including all rights, powers, duties,
18 obligations and assets, to the Housing Successor; and
19 WHEREAS, staff reviewed available documents and determined that federal funds were not
20 used and we are not negatively impacting any federal requirements that would conceivably be a part
of any federal regulatory agreement by moving forward on this request; and
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WHEREAS, a Deed of Trust(s) and/or Covenants or other Agreements entered into with the
22 Former Redevelopment Agency affecting real property located at 1336 Wall Avenue, 3205
23 Greystone Road, 5473 Aster Street, 1708 Porter Street, 777 North "J" Street, 279 East 48" Street
24 and 770 East Marshall Blvd exist; and
25 WHEREAS, of the seven properties listed above three (1336 Wall Avenue, 1708 Porter
26 Street and 770 West Marshall Blvd.)were not included on the Housing Asset Transfer Form
27 approved by the Department of Finance ("DOF") earlier this summer; and
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2012-297
I WHEREAS, the four properties that were approved by DOF (777 North"J" Street, 279 East
48th Street, 5473 Aster Street and 3205 Greystone Road)would typically be excluded from oversight
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board consideration and would be presented directly to the Housing Successor Agency for
3 consideration; and
4 WHEREAS, due to concerns that still exist with various title companies it is staff's
5 recommendation to obtain a resolution authority from the Successor Housing Agency on all seven
6 properties under consideration; and
7 WHEREAS, the Successor Housing Agency Board desires to confirm that the Deed of
Trust(s) and/or Covenants or Agreements are housing assets and/or housing function, and desires to
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authorize Successor Agency staff to transfer all rights and interests in the Housing Assets to the
9 City in its capacity as the Housing Successor Agency; and
10 WHEREAS, It is further understood that the title company needs a resolution action in
11 which the Oversight Board confirms that the loan agreements, covenants and other documents are
12 housing assets and/or housing functions, and desires to authorize Successor Agency staff to transfer
13 all rights and interests in the instruments to the City in its capacity as the Housing Successor
14 Agency. Such a resolution was adopted by the Oversight Board (SBOB/2012-18 at a special
meeting held on December 10, 2012); and
15 WHEREAS, the State of California Department of Finance, State Controller's Office, the
16 County Auditor-Controller of the County of San Bernardino and the Office of the Chief Executive
17 Officer of the County of San Bernardino have been properly notified prior to the adoption of this
18 Resolution SBOB/2012-18.
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20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
AS FOLLOWS:
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Section 1. Pursuant to Health & Safety Code Section 34176, the Housing Successor
22 Agency for the City of San Bernardino as Successor Agency to the Redevelopment Agency of the
23 City of San Bernardino does hereby find and determine that any and all Loan Agreements,
24 Promissory Notes, Deed of Trust(s) and/or Covenants in favor of the former Agency and relating to
25 real property located at 1336 Wall Avenue, 3205 Greystone Road, 5473 Aster Street, 1708 Porter
26 Street, 777 North "J" Street, 279 East 48th Street and 770 East Marshall Blvd ("Housing Assets")to
be housing assets within the meaning of Health & Safety Code Section 34176(e) and does hereby
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direct Successor Agency staff to transfer such Housing Assets to the City in its capacity as
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2012-297
1 Section 2. This Resolution shall take effect from and after its date of adoption by this
Board and the expiration of five business days from its transmittal to the Department of Finance.
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2012-297
I A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO SERVING IN ITS CAPACITY AS THE HOUSING
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY
3 OF SAN BERNARDINO DETERMINING CERTAIN LOAN AGREEMENTS,
PROMISSORY NOTES, DEED OF TRUST(S) AND/OR COVENANTS
4 RELATING TO CERTAIN REAL PROPERTY ARE HOUSING ASSETS AND
5 AUTHORIZING THE TRANSFER OF SAID HOUSING ASSETS FROM THE
FORMER REDEVELOPMENT AGENCY TO THE CITY IN ITS CAPACITY AS
6 SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO
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8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
9 Mayor and Common Council of the City of San Bernardino at a joint regular meeting
10 thereof, held on the 17th day of December 2012, by the following vote, to
wit:
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12 Council Members: Axes Nays Abstain Absent
13 MARQUEZ x
14 JENKINS x
15 VALDIVIA x
SHORETT x
16
KELLEY
17 JOHNSON x
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MCCAMMACK x _
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20G/L
George Hanna, Ciq Clerk
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22 The foregoing Resolution is hereby approved this f'day of December 2012.
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24 atrick Morris, yor
Cit an Bernardino
25 Approved as to Form:
26 JAMES F. PENMAN,
City A rney
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