HomeMy WebLinkAbout2015-156 4RNARD��
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OFFICE OF THE MAYOR
R. CAREY DAVIS
Members of the Common Council,Madame City Clerk, Mr. City Attorney, and Mr. City Manager:
I am returning Resolution Number 2015-156 {July 20, 2015,Agenda Item#5R,Regular Meeting of the
Mayor and Common Council} without my signature.
Item 5R requests a$343,000 Purchase Order for consulting services from Urban Futures, Inc. with respect
to winding down the former Redevelopment Agency during the period of July through December 2015.
Pursuant to Article III, Section 31 of the Charter of the City of San Bernardino, I hereby return and veto
the Resolution due to the lack of sufficient supporting backup documentation provided during the council
meeting. Lack of the original agreement and prior amendment made it impossible to verify
representations asserted at the council meeting.
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R. Carey Davis
Mayor
City of San Bernardino
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RESOLUTION NO. 2015-156
2
RESOLUTION OF THE SUCCESSOR AGENCY TO THE
3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
4 AUTHORIZING A $343,000 PURCHASE ORDER FOR CONSULTING
SERVICES FROM URBAN FUTURES, INC. WITH RESPECT TO
5 WINDING-DOWN THE FORMER REDEVELOPMENT AGENCY DURING
THE PERIOD OF JULY THROUGH DECEMBER 2015
6
7 WHEREAS, pursuant to Health and Safety Code (the "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, on January 9, 2012 the Mayor and
10 Common Council of the City of San Bernardino elected to serve in the capacity of the Successor
11 Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor Agency"); and
12 WHEREAS, Successor Agency and Urban Futures, Inc. (the "UFI") previously entered into
13 an original Agreement for Continuing Disclosure and Consulting Services dated October 1, 2012
14 (Agreement No. 2012-254)(the "Agreement"); and
15 WHEREAS, on February 4, 2013, the Successor Agency and UFI entered into the First
16 Amendment to Agreement for Consulting Services (the "First Amended Agreement"); and
17 WHEREAS, pursuant to the First Amended Agreement, UFI's consulting services with
18 respect to winding-down the former redevelopment agency include the seven service categories
19 described below:
20 1. Policy: Policy development services related to the overall management of the Successor
21 Agency including, but not limited to planning, strategies, fiscal feasibility,
22 funding/financing strategies, and/or program development (in conjunction with the City
23 Manager, Mayor's office, City Attorney's office and special counsels);
24 2. Collaboration: Participating in formal and informal planning, strategy and/or project
25 management discussions, negotiations and presentations with staff, clients, community
Z6 officials, local or state government agencies, and others;
27 3. Reports: Researching, preparing, reviewing evaluating and/or submitting reports, forms,
28 spreadsheets and any other written documentation that may be required by the Successor
1
I Agency, its Oversight Board, the California Department of Finance ("DOF"), State
2 Controller's Office ("SCO"), County Auditor-Controller ("CAC"), City Manager, the
3 Mayor's office, the City Attorney's office, the Finance Department, special counsels, or
4 other entities;
5 4. Representation: Providing oral presentations that may be required by the Successor
6 Agency, the Oversight Board, the California Department of Finance, State Controller's
7 Office, County Auditor-Controller or other entities;
8 5. Compliance/Implementation: Perform any compliance and/or implementation related
9 tasks and/or services that may be required by the Successor Agency, its Oversight Board,
10 the California Department of Finance, State Controller's Office, County Auditor-
11 Controller or other entities;
12 6. Documentation: With respect to the above described services, the listing below is an
13 example of the types of documents that may be required to wind-down the former
14 redevelopment agency.
15 a. Recognized Obligation Payment Schedules ("ROPS");
16 b. Asset Transfer Review ("ATR");
17 c. Housing Asset Transfer("ATR");
18 d. Due Diligence Reviews ("DDR")(Low- and Moderate Income Housing Fund
19 ("LMIHF") and Other Funds and Accounts ("OFA");
20 e. Long-Range Property Management Plan ("LRPMP");
21 f. Meet and Confer Requests and Meetings;
22 g. Finding of Completion;
23 h. Final and Conclusive Enforceable Obligation Determinations;
24 i. Insufficient Funds Notifications; and
25 j. Real property disposition procedures; and
26 7. Other: Provide any other related service that staff may request; and
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I WHEREAS, per the First Amended Agreement, UFI is to provide redevelopment agency
2 wind-down services to Successor Agency on an as needed, on-call, time and materials basis without
3 a financial cap subject to the financial limitations specified within purchase orders; and
4 WHEREAS, consistent with the foregoing, during the period the Recognized Obligation
5 Payment Schedule ("ROPS") III (i.e., July through December 2013), the Successor Agency
6 authorized two purchase orders totaling $250,000 (i.e., $100,000 on February 4, 2013 and $150,000
7 on May 6, 2013) for UFI's consulting services with respect to winding-down the former
8 redevelopment agency; and
9 WHEREAS, during the periods of ROPS 13-14A (i.e., July through December 2013), ROPS
10 13-14B (i.e., January through June 2014) and ROPS 14-15A (i.e., July through December 2014) the
11 Successor Agency authorized purchase orders for each ROPS period in the amount of $250,000
12 each for UFI's consulting services with respect to winding-down the former redevelopment agency;
13 and
14 WHEREAS, during the period of ROPS 14-15B (i.e., January through June 2015) the
15 Successor Agency authorized a purchase order in the amount of $295,000 for UFI's consulting
16 services, which together with $14,461 of carry-forward funds from the ROPS 14-15A period
17 provided a total budget of $309,461 for UFI's services related to winding-down the former
18 redevelopment agency during ROPS 14-1513; and
19 WHEREAS, in order to ensure the continuation of UFI's redevelopment wind-down
20 services to the Successor Agency on an uninterrupted basis for the period of ROPS 15-16A (i.e.,
21 July through December 2015), it is recommended that the Successor Agency authorize a purchase
22 order in the amount of$343,000; and
23 WHEREAS, the $48,000 increase in purchase order authority for the period of ROPS 15-
24 16A, as compared to the previous period, is required to fund a $43,285 shortfall in purchase order
25 authority during the ROPS 14-15B period for which services were particularly needed with respect
26 to the preparation of the LRPMP and the Successor Agency's portion of the City's Comprehensive
27 Annual Financial Reports, which are critical to the City's efforts with respect to its "Plan of
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I Adjustment" that has been submitted to the Bankruptcy Court and the $4,715 balance is needed to fund
2 projected additional workload demands during the ROPS 15-16A period; and
3 WHEREAS, UFI's services with respect to winding-down the former redevelopment
4 agency are provided by skilled professionals that are former Redevelopment Agency of the City of
5 San Bernardino and City of San Bernardino employees and have been and will continue to be
6 funded with Redevelopment Property Tax Trust Fund ("RPTTF") revenue, which is a substitute
7 term for what previously was known as tax increment revenue, that the Successor Agency receives
8 twice per year (i.e., during January and June) to finance its enforceable obligations pursuant to its
9 ROPS; and
10 WHEREAS, the Successor Agency has received sufficient RPTTF for the period of ROPS
11 15-16A to fully fund its administrative services enforceable obligations, inclusive of the
12 recommended purchase order with UFI as well as the balance of the Successor Agency's projected
13 administrative services costs; and
14 WHEREAS, all of the prerequisites with respect to the approval of this Resolution have
15 been met.
16 NOW, THEREFORE, be it resolved by the Successor Agency to the Redevelopment
17 Agency of the City of San Bernardino, as follows:
18 Section 1. The foregoing recitals are true and correct and are a substantive part of this
19 Resolution.
20 Section 2. A purchase order in the amount of $343,000 is authorized for consulting
21 services from Urban Futures, Inc. with respect to winding-down the former redevelopment agency
22 during the period of ROPS 15-16A (i.e., July through December 2015).
23 Section 3. This Resolution shall take effect upon its adoption and execution in the
24 manner as required by the City Charter.
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I RESOLUTION OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
2 AUTHORIZING A $343,000 PURCHASE ORDER FOR CONSULTING
3 SERVICES FROM URBAN FUTURES, INC. WITH RESPECT TO
WINDING-DOWN THE FORMER REDEVELOPMENT AGENCY DURING
4 THE PERIOD OF JULY THROUGH DECEMBER 2015
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino, acting as the Successor Agency to the
6 Redevelopment Agency of the City of San Bernardino, at a regular meeting thereof, held on the
7 201h day of July, 2015, by the following vote, to wit:
8
Council Members Ayes Nays Abstain Absent
9 MARQUEZ X
10 BARRIOS X
11 VALDIVIA X
12 SHORETT X
13 NICKEL X
14 JOHNSON X
15 MULVIHILL X
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17 Georgeann Hanna, CMC, City Clerk
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19 The foregoing Resolution is hereby approved this day of July, 2015
20
21 R. Carey Davis, 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
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26 By:
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