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HomeMy WebLinkAbout2014-096 1 RESOLUTION NO. 2014-96 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE 4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING A COMPREHENSIVE PROPERTY MAINTENANCE BUDGET FOR 5 THE PERIOD OF JANUARY 1, 2014 THROUGH JUNE 30, 2014 AND 6 AUTHORIZING CERTAIN RELATED ACTIONS. WHEREAS, pursuant to Health and Safety Code ("HSC") § 34172 (a)(1), the 8 Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; and 9 WHEREAS, consistent with the provisions of the HSC, the Mayor and Common 10 Council of the City of San Bernardino previously elected to serve in the capacity of the 11 Successor Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor 12 Agency"); and 13 WHEREAS, pursuant to HSC § 34177 (1)(1), the Successor Agency is required to 14 prepare a Recognized Obligation Payment Schedule ("ROPS") before each six-month fiscal 15 period, which corresponds to equal halves of a fiscal year (i.e., July through December and 16 January through June); and 17 WHEREAS, a ROPS is the basis for the Successor Agency's authority to make 18 payments due for enforceable obligations; and 19 WHEREAS, each ROPS must also be approved by the Oversight Board ("OS Board") 20 21 to the Successor Agency; and 22 WHEREAS, on September 30, 2013, the OS Board adopted Resolution SBOB/2013- 23 03, approving ROPS 13-14B; and 24 WHEREAS, on December 17, 2013, the California Department of Finance approved 25 the ROPS with certain conditions and restrictions; and 26 WHEREAS, on February 3, 2014, the Successor Agency adopted a resolution 27 approving ROPS 13-14B and its plan for use of RPTTF and non-RPTTF for ROPS 13-14B; and 28 1 2014-96 1 WHEREAS, among other things, the Successor Agency's plan for use of RPTTF and 2 non-RPTTF for ROPS 13-14B authorized the use of$946,693 of RPTTF for property 3 maintenance related purposes; and 4 WHEREAS, the property affected by the Successor Agency's plan for use of RPTTF 5 and non-RPTTF for ROPS 13-14B is owned by the San Bernardino Economic Development 6 Corporation("SBEDC"); and 7 WHEREAS, a comprehensive budget for the use of both RPTTF and rental income for 8 property maintenance related purposes has been prepared and is attached to this Resolution as 9 Exhibit"A" (the "Comprehensive Property Maintenance Budget"); and 10 WHEREAS, a summary of the assumptions and basis for the Comprehensive Property 11 Maintenance Budget is attached to this Resolution as Exhibit`B"; and 12 13 WHEREAS, the Comprehensive Property Maintenance Budget proposes the use of 14 $946,693 of RPTTF and $882,307 of rental income for a total of$1,829,000 during the period 15 of January 1, 2014 through June 30, 2014; and 16 WHEREAS, On February 20, 2014, the Board of Directors of the SBEDC adopted the 17 Comprehensive Property Maintenance Budget, which had the effect of approving the use of 18 rental income as depicted in Exhibit "A" to the attached Resolution and concurring in the 19 Successor Agency's contribution of RPTTF; and 20 WHEREAS, to implement the Comprehensive Property Maintenance Budget it is 21 recommended that the Successor Agency adopt the Comprehensive Property Maintenance 22 Budget, which will have the effect of confirming the use of the RPTTF, as depicted in Exhibit 23 "A"to the attached Resolution and concurring in the SBEDC's contribution of rental income.; 24 and 25 WHEREAS, this Resolution has been reviewed with respect to applicability of the 26 California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code 27 of Regulations, Title 14, 15000 et se hereafter the "Guidelines"), City's §§ q., ), and the City s 28 environmental guidelines; and 2 2014-96 1 WHEREAS, this Resolution is not a "project" for purposes of CEQA, as that term is 2 defined by Guidelines § 15378, because this Resolution is an organizational or administrative 3 activity that will not result in a direct or indirect physical change in the environment, per § 4 15378(b)(5) of the Guidelines; and 5 WHEREAS, all of the prerequisites with respect to the approval of this Resolution 6 have been met. 7 NOW, THEREFORE, be it resolved by the Successor Agency to the Redevelopment 8 Agency of the City of San Bernardino, as follows: 9 SECTION 1. The foregoing recitals are true and correct and are a substantive part of 10 this Resolution. 11 12 SECTION 2. The Comprehensive Property Maintenance Budget, which is attached 13 hereto as Exhibit "A" and as described within the recitals, is approved and such approval will 14 have the effect of confirming the use of the RPTTF and concurring in the SBEDC's 15 contribution of rental income. 16 SECTION 3. The City Manager, as Executive Director of the Successor Agency, or 17 designee, is authorized to implement the Comprehensive Property Maintenance Budget on 18 behalf of the Successor Agency and take such necessary actions and execute such documents as 19 are necessary to effectuate the intent of this Resolution, inclusive of authorizing ministerial 20 revisions to the Comprehensive Property Maintenance Budget. 21 SECTION 4. This Resolution is not a "project" for purposes of CEQA, as that term is 22 defined by Guidelines § 15378, because this Resolution is an organizational or administrative 23 activity that will not result in a direct or indirect physical change in the environment, per § 24 15378(b)(5) of the Guidelines. 25 SECTION 5. This Resolution shall take effect upon its adoption and execution in the 26 manner as required by the City Charter. 27 28 /// 3 2014-96 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT 2 AGENCY OF THE CITY OF SAN BERNARDINO APPROVING A COMPREHENSIVE PROPERTY MAINTENANCE BUDGET FOR THE PERIOD OF JANUARY 1, 2014 3 THROUGH JUNE 30,2014 AND AUTHORIZING CERTAIN RELATED ACTIONS. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino, acting as the Successor Agency to the 6 7 Redevelopment Agency of the City of San Bernardino, at a joint regularmeeting thereof, 8 held on the 7th day of Apr i1 , 2014, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ x 11 12 BARRIOS x 13 VALDIVIA x 14 SHORETT x 15 NICKEL x 16 JOHNSON x 17 18 MULVIHILL x 19 '_ �_ �►t*tee • George.nn Hanna, ity Clerk 20 The foregoing Resolution is hereby approved this I day of April , 2014. 21 6L' 2 2 /` 2� 23 R. Carey avis, Chairman Successor Agency to the 24 Redevelopment Agency of the City of San Bernardino 25 Approved as to form: 26 Gary D. Saenz, City Attorney 27 28 By: ..r. 6."0,01- 4