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HomeMy WebLinkAbout2015-043 I RESOLUTION NO. 2015-43 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE 3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 4 APPROVING RECOGNIZED OBLIGATION PAYMENT SCHEDULE 15-16A FOR THE PERIOD OF JULY THROUGH DECEMBER 2015 AND 5 APPROVING CERTAIN RELATED ACTIONS. 6 WHEREAS, pursuant to Health and Safety Code (the "HSC") § 34172 (a)(1), the 7 Redevelopment Agency of the City of San Bernardino was dissolved February 1, 2012; and 8 WHEREAS, consistent with the provisions of the HSC, on January 9, 2012 the Mayor and 9 Common Council of the City of San Bernardino elected to serve in the capacity of the Successor 10 Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor Agency"); and 11 WHEREAS, the Oversight Board for the Successor Agency (the "Oversight Board") has 12 been established pursuant to HSC § 34179 to assist in the wind-down of the dissolved 13 redevelopment agency; and 14 WHEREAS, per HSC § 34177 (1)(1), the Successor Agency is required to prepare a 15 Recognized Obligation Payment Schedule ("ROPS") before each six-month fiscal period, which 16 corresponds to equal halves of a fiscal year (i.e., January through June and July through December); 17 and 18 WHEREAS, pursuant to HSC § 34180 (g), Oversight Board approval is required for the 19 establishment of each ROPS and is slated to consider ROPS 15-16A during its meeting of February 20 23, 2015; and 21 WHEREAS, pursuant to HSC § 34177 (m), an Oversight Board-approved ROPS 15-16A 22 for the period of July through December 2015 must be submitted to the County Auditor-Controller, 23 County Administrative Officer, the State Controller and the State Department of Finance not later 24 than March 3, 2015; and 25 WHEREAS,pursuant to HSC § 34177, the Successor Agency is legally required to continue 26 to make payments due for enforceable obligations; and 27 WHEREAS, the approval of the establishment of ROPS 15-16A will ensure that the 28 Successor Agency has the authority to continue to pay its enforceable obligations; and 1 I WHEREAS, it is proposed that the Successor Agency approve the establishment of the 2 Successor Agency's ROPS 15-16A, which is attached hereto as Exhibit"A"; and 3 WHEREAS, this Resolution has been reviewed with respect to applicability of the 4 California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines (California Code 5 of Regulations, Title 14, §§ 15000 et seq., hereafter the "Guidelines"), and the City's environmental 6 guidelines; and 7 WHEREAS, this Resolution is not a "project" for purposes of CEQA, as that term is 8 defined by Guidelines § 15378, because this Resolution is an organizational or administrative 9 activity that will not result in a direct or indirect physical change in the environment, per § 10 15378(b)(5) of the Guidelines; and 11 WHEREAS, all of the prerequisites with respect to the approval of this Resolution have 12 been met. 13 NOW, THEREFORE, BE IT RESOLVED by the Successor Agency to the 14 Redevelopment Agency of the City of San Bernardino, as follows: 15 Section 1. The foregoing recitals are true and correct and are a substantive part of this 16 Resolution. 17 Section 2. The Successor Agency's ROPS 15-16A for the period of July through 18 December 2015, which is attached hereto as Exhibit "A", is approved, inclusive of each enforceable 19 obligation. 20 Section 3. The City Manager, as the Successor Agency's Executive Director or 21 designee, is authorized to: i) post that ROPS 15-16A on the City's website, ii) transmit the ROPS 22 15-16A to the County Auditor-Controller, the County Administrative Officer, the State Controller 23 and the State Department of Finance for their review within the timeframe and in the manner 24 prescribed by the HSC; and iii) make ministerial revisions to ROPS 15-16A, which may include, but 25 are not limited to restating the information included within ROPS 15-16A in any format that may be 26 requested by the State Department of Finance, take such other actions and execute such other 27 documents as are necessary to effectuate the intent of this Resolution, and to implement ROPS 15- 28 16A on behalf of the Successor Agency, including authorizing and causing such payments. 2 1 Section 4. 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. 5 Section 5. This Resolution shall take effect upon its adoption and execution in the 6 manner as required by the City Charter. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE 2 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 3 APPROVING RECOGNIZED OBLIGATION PAYMENT SCHEDULE 15-16A FOR THE PERIOD OF JULY THROUGH DECEMBER 2015 AND 4 APPROVING CERTAIN RELATED ACTIONS. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Successor Agency 7 to the Redevelopment Agency of the City of San Bernardino, at a joint regular meeting thereof, 8 held on the 17`h day of February, 2015, by the following vote, to wit: 9 Council Members Ayes Nays Abstain Absent 10 MARQUEZ x 11 BARRIOS x 12 VALDIVIA x 13 SHORETT x 14 NICKEL x 15 JOHNSON x 16 MULVIHILL x 17 � U 18 GeorgeannManna, City jerk 19 The foregoing Resolution is hereby approved this day of February 2015. 20 1 21 R. Carey Davi , Chairman 22 Successor Agency to the Redevelopment Agency of the 23 City of San Bernardino Approved as to Form: 24 Gary D. Saenz, City Attorney 25 26 By: 27 28 4 I EXHIBIT "A" 2 3 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 4 RECONGNIZED OBLIGATION PAYMENT SCHEDULE 15-16A (July through December 2015) 5 (See Attachment) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5