HomeMy WebLinkAbout05.M- Successor Agency 5.M
RESOLUTION (ID # 4568) DOC ID: 4568 C
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Conveyance of Property
From: Lisa Connor M/CC Meeting Date: 08/01/2016
Prepared by: Lisa Connor, (909) 663-
1044
Dept: Successor Agency Ward(s): 1,5
Subject:
Resolution of the Mayor and Common Council Acting as the Successor Agency to the
Redevelopment Agency of the City of San Bernardino Authorizing the Transfer of
Certain Real Property Assets from the Successor Agency to the Redevelopment
Agency of the City of San Bernardino to the City of San Bernardino Pursuant to the
Direction of the California Department of Finance and Approving Certain Related
Actions; And Resolution of the Mayor and Common Council of the City of San
Bernardino Approving the Acceptance of the Transfer of Certain Real Property Assets
from the Successor Agency to the Redevelopment Agency of the City of San
Bernardino Pursuant to the Direction of the California Department of Finance and
Approving Certain Related Actions. (#4568)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: <<Insert Amount>>
Account No. <<Insert Account No.>>
Account Description: <<Insert Account Description>>
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: Adopt the Resolutions.
Synopsis of Previous Council Action:
None.
Background:
Pursuant to Health and Safety Code ("HSC") § 34172 (a) (1), the Redevelopment
Agency of the City of San Bernardino was dissolved on February 1, 2012. Consistent
with the provisions of the HSC, the Mayor and Common Council previously elected to
serve in the capacity of the Successor Agency to the Redevelopment Agency of the City
of San Bernardino (the "Successor Agency"). The Oversight Board for the Successor
Agency ("Oversight Board") has been established pursuant to HSC § 34179 to assist in
the wind-down of the dissolved redevelopment agency.
On September 15, 2015, the Successor Agency submitted its Oversight Board-
Updated: 7/25/2016 by Georgeann "Gigi" Hanna C Packet Pg.433
4568
approved Long-Range Property Management Plan (the "LRPMP") to the California
Department of Finance (the "DOF"). The LRPMP, which addresses the disposition and
use of the real property assets held by the Successor Agency, includes 230 parcels of
land grouped into 46 separate sites, seven of which are designated as future
development sites and are listed within Exhibit "A" to the attached Resolution.
Pursuant to HSC § 34179.7, on December 22, 2015, the Successor Agency received its
Finding of Completion (the "FOC") from DOF that, among other matters, enabled the
Successor Agency's eligibility for a DOF approval of its LRPMP. On December 31,
2015, the DOF approved the Successor Agency's LRPMP and notified the Successor
Agency that pursuant to HSC § 34191.3, the approved LRPMP shall govern, and
supersede all other provisions relating to the disposition and use of all the real property
assets of the former redevelopment agency. Notwithstanding the foregoing, in its letter
dated May 17, 2016, the DOF:
1. Directed the Successor Agency to transfer LRPMP-designated future development
sites to the City; and
2. Reduced the Successor Agency's property maintenance budget by $1,124,000, the
majority of which would have been used to maintain LRPMP-designated future
development sites (the "DOF Directive").
A copy of DOF's May 17, 2016 letter is attached. In addition, DOF's diminishment of
funding needed to maintain the Successor Agency's real property assets has caused a
financial necessity to the transfer of the LRPMP-designated future development sites
(i.e., LRPMP site Nos. 20-26) to the City as soon as possible and to accelerate, where
possible, the ultimate disposition of such assets to third party entities.
Further, it is staff's, general counsel's and special counsel's view that the DOF Directive
may be inconsistent with the provisions of HSC § 34191.3 and the LRPMP as it relates
to the disposition of future development sites. In that regard, HSC § 34191.3 provides
that an approved LRPMP supersedes all other provisions of the HSC related to the
disposition of the real property assets of the former redevelopment agency and the
approved LRPMP provides that the disposition of future development sites may only
occur subsequent to the approval of a compensation agreement by all affected taxing
entities consistent with HSC § 34180 (f) (1).
Notwithstanding the inconsistency of the DOF Directive, it recommended that the
Successor Agency and the City comply with the DOF Directive by transferring the
LRPMP-designated future development sites to the City with the proviso that the City
will only transfer the LRPMP-designated future development sites to third party entities
subsequent to the approval of a compensation agreement by all affected taxing entities,
thus ensuring consistency with the intent of HSC § 34191.3 and the LRPMP. Therefore,
the attached Resolutions will authorize the Successor Agency's transfer of the LRPMP-
designed future development sites to the City, including all tangible and intangible
personal property related thereto, at no cost via quitclaim deeds, the form of which is
included as Exhibit "B" to the Resolutions.
City Attorney Review:
Updated: 7/25/2016 by Georgeann "Gigi" Hanna C Packet Pg.1434
4568
Supporting Documents:
Reso A SA Transfer of FD (DOC)
Reso B MCC Accept FD (DOC)
05-17-16 San_Bernardino_ROPS_16-17_MC_Determination(PDF)
Updated: 7/25/2016 by Georgeann "Gigi" Hanna C Packet Pg.435
5.M.a
1 RESOLUTION NO.
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL ACTING AS THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY O
9 SAN BERNARDINO AUTHORIZING THE TRANSFER OF CERTAIN REALQ
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5 PROPERTY ASSETS FROM THE SUCCESSOR AGENCY TO THE
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO THE CIT a
6 OF SAN BERNARDINO PURSUANT TO THE DIRECTION OF THE CALIFORNIA U
7 DEPARTMENT OF FINANCE AND APPROVING CERTAIN RELATED ACTIONS E
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8 WHEREAS, pursuant to Health and Safety Code (the "HSC") § 34172 (a) (1), the
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9 Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; a
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11 WHEREAS, consistent with the provisions of the HSC, on January 9, 2012 the a
12 Mayor and Common Council of the City of San Bernardino elected to serve in the capacity of W
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13 the Successor Agency to the Redevelopment Agency of the City of San Bernardino (the
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19 "Successor Agency"); and Q
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is WHEREAS, the Oversight Board for the Successor Agency ("Oversight Board") Q
16 has been established pursuant to HSC § 34179 to assist in the wind-down of the dissolved v
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redevelopment agency; and
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18
WHEREAS, on September 15, 2015, the Successor Agency submitted its Oversight
19 coo
Board-approved Long-Range Property Management Plan (the "LRPMP") to the California v
20 0
Department of Finance (the "DOF"); and V-
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WHEREAS, the LRPMP, which addresses the disposition and use of the real ,a?
22 =
property assets held by the Successor Agency, includes 230 parcels of land grouped into
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24 forty-six (46) separate sites, seven (7) of which are designated as future development sites a
25 and are listed within in Exhibit"A"to this Resolution; and m
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26 WHEREAS, pursuant to HSC § 34179.7, on December 22, 2015, the Successor
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27 Agency received its Finding of Completion (the "FOC") from DOF that, among other
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28 matters, enabled the Successor Agency's eligibility for a DOF approval of its LRPMP; and Q
1
1 Packet Pg.436
1 WHEREAS, on December 31, 2015, the DOF approved the Successor Agency's
2 LRPMP and notified the Successor Agency that pursuant to HSC § 34191.3, the approved
3 LRPMP shall govern, and supersede all other provisions relating to the disposition and use of
4 all the real property assets of the former redevelopment agency; and a
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WHEREAS, notwithstanding the foregoing recital, in its letter dated May 17, 2016,
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the DOF: (i) directed the Successor Agency to transfer LRPMP-designated future cn
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development sites to the City; and (ii) reduced the Successor Agency's property maintenance ,°
8
budget by $1,124,000, the majority of which would have been used to maintain LRPMP-
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designated future development sites (the "DOF Directive"); and L
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WHEREAS, DOF's diminishment of funding needed to maintain the Successor o
11 a.
12 Agency's real property assets has caused a financial necessity to the transfer of the LRPMP-
13
designated future development sites (i.e., LRPMP site Nos. 20-26) to the City as soon as 0
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14 possible and to accelerate, where possible, the ultimate disposition of such assets to third r
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15 party entities; and
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16 WHEREAS, it is staff's, general counsel's and special counsel's view that the DOF v
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17 Directive may be inconsistent with the provisions of HSC .§ 34191.3 and the LRPMP as it N
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18 relates to the disposition of future development sites; and F_
19 WHEREAS, HSC § 34191.3 provides that an approved LRPMP supersedes all other Ln
20 provisions of the HSC related to the disposition of the real property assets of the former o
21 redevelopment agency and the approved LRPMP provides that the disposition of future
22 development sites may only occur subsequent to the approval of a compensation agreement
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by all affected taxing entities consistent with HSC § 34180 (f) (1); and y
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WHEREAS, notwithstanding the inconsistency of the DOF Directive, it 0
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recommended that the Successor Agency and the City comply with the DOF Directive by
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transferring the LRPMP-designated future development sites to the City with the proviso that E
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the City will only transfer the LRPMP-designated future development sites to third party
28 Q
1
2 Packet Pg.437
1 entities subsequent to the approval of a compensation agreement by all affected taxing
2 entities,thus ensuring consistency with the intent of HSC § 34191.3 and the LRPMP; and
3
WHEREAS, this Resolution will authorize the Successor Agency's transfer of the
4
LRPMP-designed future development sites to the City, including all tangible and intangible a
5 vii
personal property related thereto, at no cost via quitclaim deeds, the form of which is
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attached hereto as Exhibit"B"; and to
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WHEREAS, this Resolution has been reviewed with respect to applicability of the ,°
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California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines (California Cn
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Code of Regulations, Title 14, § 15000 et seq., hereafter the "Guidelines"), and the City's
10
environmental guidelines; and o
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12 WHEREAS, this Resolution does not constitute a "project" for purposes of CEQA,
13 as that term is defined by Guidelines § 15378,because this Resolution is an organizational or
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14 administrative activity that will not result in a direct or indirect physical change in the
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15 environment, per § 15378 (b) (5) of the Guidelines; and Q
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16 WHEREAS, all of the prerequisites with respect to the approval of this Resolution v
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17 have been met. y
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18 NOW, THEREFORE, BE IT RESOLVED BY THE SUCCESSOR AGENCY
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?9 TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AS n
20 FOLLOWS: o
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21 Section 1. The foregoing recitals are true and correct and are a substantive part of °
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22 this Resolution.
23
Section 2. The Successor Agency's transfer of the LRPMP-designated future N
24 development sites, as described within Exhibit"A"to this Resolution, to the City at no cost is 0
25
hereby approved.
26
Section 3. The transfer of the LRPMP-designated future development sites to the E
27 v
City is authorized under the proviso that the City will only transfer the LRPMP-designated
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future development sites to third party entities subsequent to the approval of a compensation
i 3 Packet .4 38
1 agreement by all affected taxing entities.
2 Section 4. On behalf of the Successor Agency, the City Manager, in the capacity
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3 as Executive Director of the Successor Agency, is authorized and directed to execute the
4
quitclaim deeds required to transfer the LRPMP-designated future development sites to the Q
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City,the form of which is included within Exhibit`B"to this Resolution. a
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Section 5. This Resolution is not a"project" for purposes of CEQA, as that term co
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is defined by Guidelines § 15378,because this Resolution is an organizational or ,°
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administrative activity that will not result in a direct or indirect physical change in the
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environment,per § 15378 (b) (5) of the Guidelines. L
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11 Section 6. This resolution shall take effect upon its adoption and execution in the 0-
12 manner as required by the City Charter.
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4 Packet Pg.439
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL ACTING AS THE
2 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY O
SAN BERNARDINO AUTHORIZING THE TRANSFER OF CERTAIN REAL
3 PROPERTY ASSETS FROM THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO THE CIT
4 OF SAN BERNARDINO PURSUANT TO THE DIRECTION OF THE CALIFORNIAa
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5 DEPARTMENT OF FINANCE AND APPROVING CERTAIN RELATED ACTIONS
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the )
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Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency to ,°
s the Redevelopment Agency of the City of San Bernardino at a meeting N
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thereof, held on the day of , 2016,by the following vote to wit:
10
Commission Members: Ayes Nays Abstain Absent o
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MARQUEZ
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BARRIOS o
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VALDIVIA
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SHORETT
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NICKEL r
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RICHARD
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MULVIHILL a
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20 Georgeann Hanna, City Clerk o
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21 The foregoing resolution is hereby approved this day of , 2016. 4.-
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24 R. Carey Davis, Mayor Q
City of San Bernardino 0
25 Approved as to form:
Gary D. Saenz, City Attorney
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5 Packet Pg.,440
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1 Exhibit A
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Future Development Use Real Property Assets 31
3 Site Site Reference Address APN U
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4 0134-221-43
0134-182-04 Q
5 0134-181-28 N
0134-211-38
396 N. "E" Street 0134-211-34 v
6 333 N. "H" Street 0134-301-22
20 Carousel Mall 144 Carousel Mall 0134-231-27 N
7 120-295 Carousel Mall 0134-231-28 0
322-344 North E Street 0134-231-29 ,1
8 0134-301-20 W
0134-291-11 N
9 0134-231-31 Q
0134-221-45
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10 0140-273-21
0134-121-27 0_
0134-131-35 O
11 780 N. "E" Street 0134-121-25 �-
0134-131-29
12 21 Theater Square 450 N. "E" Street d
562 W. 4th Street 0134-131-28
0134-131-37 —
13 0134-131-36 y
0134-131-10 v
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14 0134-131-30 ;B
f 0134-053-20 a
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0134-053-21
15 0134-053-22 Q
to N. "H' Street T
W. 5 Street / W. Spruce 0134-053-23
16 22 Street / N. "H" Street W• Spruce Street 5 0134-053-25
746 W. Street U
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Commercial Property 0134-053-26
W. Spruce Street
17 0134-054-07 N
0134-054-08
18 0134-054-09
to 575 W. 5th Street 0134-093-07 co
Vacant W. 5th th
19 23 701 W. 5 Street 0134-093-08 to
Commercial Property 490 N. "G" Street 0134-093-09 74
20 0138-114-09 0
Vacant N. Mt. Vernon Avenue & 552 N. Mt. Vernon Avenue 0138-114-10 L'
24 Vacant W. Spruce Street 1316 Spruce Street 4-21 Commercial Property 578 N. Mt. Vernon Avenue 0138-114-11 L
0138-114-18 d
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22 25 ARCO Gas Station (1) 542 N. Mt. Vernon Avenue 0138-115-13 N
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0261-111-21
23 0261-111-23 F-
0261-111-25 Q
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24 0261-111-29 Q
0261-111-30 0
25 0261-111-33 N
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Vacant N. Little League Drive Macro Address: 0261-111-35 w
26 N. Little League Drive / 0261-111-37
26 & I-215 Residential Property I-215 0261-111-40 0
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0261-121-01 to -03 E
27 0261-121-13 v
0261-121-14 w
28 0261-451-01 to -48 Q
0261-461-01 to -66
0261-171-06
6 Packet Pg.441
1 EXHIBIT "B"
2 Form of Quitclaim Deed
(Not for Signature)
3 v
RECORDING REQUESTED BY C
Successor Agency to the
4 Redevelopment Agency of the Q
City of San Bernardino p
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WHEN RECORDED MAIL TO: N
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6 City of San Bernardino
300 North D Street, 6th Floor U)
7 San Bernardino, CA 92418 E
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8 Attn: Mark Scott, City Manager y
(Space Above Line For Use By Recorder) N
9 ",PNs: y
This document is exempt from the Q
payment of a recording fee pursuant to i
10 Government Code Section 27383 O
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11 DOCUMENTARY TRANSFER TAX $NONE Q
12 QUITCLAIM DEED
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13 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
the Successor Agency to the Redevelopment Agency of the City of San
14 Bernardino, a public body, corporate and politic (the "Grantor") does c
hereby remise, release and quitclaim to the City of San Bernardino, a U
15 public body, corporate and politic (the "Grantee") , any interest that Q
16 Grantor may have in the real property in the City of San Bernardino, Y
County of San Bernardino, State of California, described in Attachment U
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17 "A" attached hereto and incorporated herein by this reference. N
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19 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN CO
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BERNARDINO, a public body, corporate and politic
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zl Dated: By: NOT FOR SIGNATURE
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22 Mark Scott, Executive Director y
Successor Agency to the M
23 Redevelopment Agency E-
of the City of San Bernardino N
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Packet Pg. 442
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A notary public or other officer completing
2 this certificate verifies only the identity
of the individual who signed the document
to which this certificate is attached, and
3 not the truthfulness, accuracy, or validity v
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of that document.
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State of California } ss
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personally appeared who proved to me on the basis of o
8 satisfactory evidence to be the person whose name is subscribed to the within N
instrument and who acknowledged to me that he/she executed the same in his/her y
authorized capacity, and by his/her signature on the instrument the person, or entity N
9 upon behalf of which the person acted, executed the instrument. Q
10 I certify under PENALTY of PERJURY under the laws of the State of California that the Q
foregoing paragraph is true and correct. O
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WITNESS my hand and official seal.
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1 Attachment "A"
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3 LEGAL DESCRIPTION 0
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9 Packet g.444
1 CERTIFICATE OF ACCEPTANCE
2
3 This is to certify that the interest in real property conveyed by
written deed or grant dated r 2016
4 from the Successor Agency to the Redevelopment Agency of the City o a
San Bernardino to the City of San Bernardino, is hereby accepted b L
5 the undersigned officer or agent on behalf of the City of San y
Bernardino, pursuant to authority conferred by the City of San
6 Bernardino on August 2016, pursuant to Resolution No.
2016- and the City of San Bernardino consents to recordation N
7 thereof by its duly authorized officer. o
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8 Dated this day of
9 2016. Q
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By: NOT FOR SIGNATURE o
11 Mark Scott, City Manager p
City of San Bernardino
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14 Site Site Reference CL
No. Name Address APN aa)
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1 A notary public or other officer completing
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instrument and who acknowledged to me that he/she executed the same in his/her w
9 authorized capacity, and by his/her signature on the instrument the person, or entity ui
upon behalf of which the person acted, executed the instrument. Q
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10 I certify under PENALTY of PERJURY under the laws of the State of California that the m
foregoing paragraph is true and correct. O
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WITNESS my hand and official seal.
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11 Packet Pg. 446
1 RESOLUTION NO.
2
3 RESOLUTION OF MAYOR AND COMMON COUNCIL OF THE CITY OF SA 5
BERNARDINO APPROVING THE ACCEPTANCE OF THE TRANSFER OF CERTAI
4 REAL PROPERTY ASSETS FROM THE SUCCESSOR AGENCY TO THE a
5 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO PURSUANT TO N
THE DIRECTION OF THE CALIFORNIA DEPARTMENT OF FINANCE AND
6 APPROVING CERTAIN RELATED ACTIONS
7 E
WHEREAS, pursuant to Health and Safety Code (the "HSC") § 34172 (a) (1), the
s 4
9 Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; y
10 and
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WHEREAS, consistent with the provisions of the HSC, on January 9, 2012 the o
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12 Mayor and Common Council of the City of San Bernardino elected to serve in the capacity of
13 the Successor Agency to the Redevelopment Agency of the City of San Bernardino (the o
U
14 "Successor Agency"); and o
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15 WHEREAS, the Oversight Board for the Successor Agency ("Oversight Board")
16 has been established pursuant to HSC § 34179 to assist in the wind-down of the dissolved y
U
17 redevelopment agency; and N
18 WHEREAS, on September 15, 2015, the Successor Agency submitted its Oversight
l a Board-approved Long-Range Property Management Plan (the "LRPMP") to the California W
20 Department of Finance (the "DOF"); and o
U.
21 '-
WHEREAS, the LRPMP, which addresses the disposition and use of the real
22 Q
property assets held by the Successor Agency, includes 230 parcels of land grouped into v
23 U
forty-six (46) separate sites, seven (7) of which are designated as future development sites
m
24 p
and are listed within in Exhibit"A"to this Resolution; and
25
WHEREAS, pursuant to HSC § 34179.7, on December 22, 2015, the Successor
26
Agency received its Finding of Completion (the "FOC") from DOF that, among other
27 �a
2s
matters, enabled the Successor Agency's eligibility for a DOF approval of its LRPMP; and a
1 Packet Pg.447
1 WHEREAS, on December 31, 2015, the DOF approved the Successor Agency's
2 LRPMP and notified the Successor Agency that pursuant to HSC § 34191.3, the approved
3 LRPMP shall govern, and supersede all other provisions relating to the disposition and use of
4
all the real property assets of the former redevelopment agency; and
5 O
WHEREAS, notwithstanding the foregoing recital, in its letter dated May 17, 2016, Cn
6 v
the DOF: (i) directed the Successor Agency to transfer LRPMP-designated future
Cn
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development sites to the City; and (ii) reduced the Successor Agency's property maintenance o
8
budget by $1,124,000, the majority of which would have been used to maintain LRPMP- N
9
designated future development sites (the "DOF Directive")• Q
to
and
11 WHEREAS, DOF's diminishment of funding needed to maintain the Successor o
a
12 Agency's real property assets has caused a financial necessity to the transfer of the LRPMP-
13 designated future development sites (i.e., LRPMP site Nos. 20-26) to the City as soon as o
14 possible and to accelerate, where possible, the ultimate disposition of such assets to third
a
15 party entities; and
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16 WHEREAS, it is staff's, general counsel's and special counsel's view that the DOF
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17 Directive may be inconsistent with the provisions of HSC § 34191.3 and the LRPMP as it ,d
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18 relates to the disposition of future development sites; and
19 WHEREAS, HSC § 34191.3 provides that an approved LRPMP supersedes all other
LO
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20 provisions of the HSC related to the disposition of the real property assets of the former
0
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21 redevelopment agency and the approved LRPMP provides that the disposition of future
U
22 development sites may only occur subsequent to the approval of a compensation agreement a
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23 by all affected taxing entities consistent with HSC § 34180 (f) (1); and 2
24 m
WHEREAS, notwithstanding the inconsistency of the DOF Directive, it
d
25
recommended that the Successor Agency and the City comply with the DOF Directive by
! 26 N
transferring the LRPMP-designated future development sites to the City with the proviso that =
27 v
the City will only transfer the LRPMP-designated future development sites to third party a
YK 28
N
2 Packet Pg.448
1 entities subsequent to the approval of a compensation agreement by all affected taxing
2 entities, thus ensuring consistency with the intent of HSC § 34191.3 and the LRPMP; and
3 WHEREAS, this resolution will authorize the City's acceptance of the Successor
4 Agency's transfer of the LRPMP-designed future development sites to the City, including al Q
5 O
tangible and intangible personal property related thereto, at no cost via quitclaim deeds that
6 v
include a certificate of acceptance, the format of which is incorporated within the form quitclaim
7 E
deed that is attached hereto as Exhibit"B"; and 0
8 4
WHEREAS, this Resolution has been reviewed with respect to applicability of theN
9 Q
California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines (California >%
to t
11 Code of Regulations, Title 14, § 15000 et seq., hereafter the "Guidelines"), and the City's o
a
12 environmental guidelines; and
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13 WHEREAS, this Resolution does not constitute a "project" for purposes of CEQA, as o
14 that term is defined by Guidelines § 15378, because this Resolution is an organizational of
Ca
15 administrative activity that will not result in a direct or indirect physical change in the
a
16 environment, per § 15378 (b) (5) of the Guidelines; and
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17 WHEREAS, all of the prerequisites with respect to the approval of this Resolution havey
18 been met.
F-
19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON c
21 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
0
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21 Section 1. The foregoing recitals are true and correct and are a substantive part of m
22 this Resolution.
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23
Section 2. The Successor Agency's transfer of the LRPMP-designated future
24 m
development sites, as described within Exhibit"A"to this Resolution, to the City at no cost is
25
accepted.
26 d
Section 3. The transfer of the LRPMP-designated future development sites to the
27 �a
City is accepted under the proviso that the City will only transfer the LRPMP-designated a
28
future development sites to third party entities subsequent to the approval of a compensation
3 Packet Pg:449
1 agreement by all affected taxing entities.
I2 Section 4. The City Manager is authorized and directed to execute the certificate
3 of acceptance included within the quitclaim deeds required to transfer the LRPMP-
as
4 designated future development sites to the City, the format of which is included within a
5 O
Exhibit `B"to this Resolution. d
6 v
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Section 5. This Resolution is not a"project" for purposes of CEQA, as that term N
7
is defined by Guidelines § 15378, because this Resolution is an organizational or o
8 N
administrative activity that will not result in a direct or indirect physical change in the N
9 N
to environment, per § 15378 (b) (5) of the Guidelines.
11 Section 6. This resolution shall take effect upon its adoption and execution in the o
a.
12 manner as required by the City Charter. 6
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4 Packet Pg.450
1 RESOLUTION OF MAYOR AND COMMON COUNCIL OF THE CITY OF SA
2 BERNARDINO APPROVING THE ACCEPTANCE OF THE TRANSFER OF CERTAI
REAL PROPERTY ASSETS FROM THE SUCCESSOR AGENCY TO THE
3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO PURSUANT TO
THE DIRECTION OF THE CALIFORNIA DEPARTMENT OF FINANCE AND
4 APPROVING CERTAIN RELATED ACTIONS
0
5 N
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
7 Community Development Commission of the City of San Bernardino at a N
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0
8 meeting thereof, held on the day of , 2016,by the following vote to wit: *-
9
Commission Members: Ayes Nays Abstain Absent y
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10 MARQUEZ a
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11 BARRIOS a
12 VALDIVIA
13 SHORETT m
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14 NICKEL c
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15 RICHARD Q
16 MULVIHILL
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18 Georgeann Hanna, City Clerk
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The foregoing resolution is hereby approved this day of , 2016. LO
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22 R. Carey Davis, Mayor a
City of San Bernardino v
23 Approved as to form: U
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24 Gary D. Saenz, City Attorney 0
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By:
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5 Packet Pg.451
1 EXHIBIT A Future Development Use Real Property Assets
2 _
3 >'
0134-221-43 V
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4 0134-182-04
0134-181-28 Q
0134-211-38
5
396 N. "E" Street 0134-211-34 N
333 N. "H" Street 0134-301-22 v
6 20 Carousel Mall 144 Carousel Mall 0134-231-27 v
120-295 Carousel Mall 0134-231-28 )
7 322-344 North E Street 0134-231-29 E
0134-301-20 0
8 0134-291-11 N
0134-231-31
0134-221-45 �n
9 N
0140-273-21 Q
10 0134-121-27
0134-131-35 d
11 780 N. "E" Street 0134-121-25 O
21 Theater Square 450 N. "E" Street 0134-131-29 d
th 0134-131-28
12
562 W. 4 Street 0134-131-37 d
0134-131-36 a-
13 0134-131-10 0
N
0134-131-30 v
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14 0134-053-20 �co,
0134-053-21 a
0134-053-22 v
15 th N. "H' Street v
W. 5 Street / W. Spruce
W. Spruce Street 0134-053-23 Q
16 22 Street / N. "H" Street 746 W. 5th Street 0134-053-25 y
Commercial Property 0134-053-26 U
W. Spruce Street 0134-054-07 ti
17 0134-054-08 N
0134-054-09
0
18 575 W. 5t Street 0134-093-07 �=
Vacant W. 5th Street 5th 23 701 W. 5 Street 0134-093-08
19 Commercial Property 490 N. "G" Street 0134-093-09
�
20 Vacant N. Mt. Vernon Avenue & 552 N. Mt. Vernon Avenue 0138-114-09 0138-114-10
24 Vacant W. Spruce Street 1316 Spruce Street
0138-114-11
21 Commercial Property 578 N. Mt. Vernon Avenue 0138-114-18 n
25 ARCO Gas Station (1) 542 N. Mt. Vernon Avenue 0138-115-13
22 0261-111-21 Q
0261-111-23 C)
23 0261-111-25 U
0261-111-29
24 0261-111-30 CO
0261-111-33 e>
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Macro Address: 0261-111-35
25 Vacant N. Little League Drive w
26 & I-215 Residential Property N. Little League Drive / 0261-111-37 C
I-215 0261-111-40 d
26 0261-121-01 to -03 E
0261-121-13 -c
27 0261-121-14 w
0261-451-01 to -48 Q
0261-461-01 to -66
28 0261-171-06
6
1 EXHIBIT "B"
2 Form of Quitclaim Deed
(Not for Signature)
3
RECORDING REQUESTED BY
4
Successor Agency to the Q
5 Redevelopment Agency of the N
City of San Bernardino
6 v
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7 WHEN RECORDED MAIL TO: n
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City of San Bernardino `*
8 300 North D Street, 6th Floor Cn
San Bernardino, CA 92418 W
9 N
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Attn: Mark Scott, City Manager >,
10 (Space Above Line For Use By Recorder) �
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11 APNs: This document is exempt from the O
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payment of a recording fee pursuant to
12 Government Code Section 27383 O
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DOCUMENTARY TRANSFER TAX $NONE O
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QUITCLAIM DEED
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16 "=
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the Successor U
17 Agency to the Redevelopment Agency of the City of San Bernardino, a public body, a?
corporate and politic (the "Grantor") does hereby remise, release and quitclaim to the in
18 City of San Bernardino, a public body, corporate and politic (the "Grantee") , any
interest that Grantor may have in the real property in the City of San Bernardino, �—
19 County of San Bernardino, State of California, described in Attachment "A" attached 00
hereto and incorporated herein by this reference. �
20
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21 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a Q
public body, corporate and politic N
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22 Q
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Dated By: NOT FOR SIGNATURE U
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24 Mark Scott, Executive Director O
Successor Agency to the a)
25 Redevelopment Agency W
of the City of San Bernardino
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28
,r Packet 00.453
1
A notary public or other officer completing this
2 certificate verifies only the identity of the
individual who signed the document to which this
3 certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
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5 State of California } ss aNi
6 County of San Bernardino } v
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7 On before me, ,
Notary Public, N
personally appeared who proved to me on the basis of o
satisfactory evidence to be the person whose name is subscribed to the within ,-
8 instrument and who acknowledged to me that he/she executed the same in his/her
authorized capacity, and by his/her signature on the instrument the person, or entity N
9 upon behalf of which the person acted, executed the instrument. Q
10 I certify under PENALTY of PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct. Q
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11 WITNESS my hand and official seal. �-
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13 (Signature of Notary) y
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8 Packet"Pg:AAA
1 Attachment "A"
2 LEGAL DESCRIPTION
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Packet Pg.455
5.M.b
1 CERTIFICATE OF ACCEPTANCE
2
3 This is to certify that the interest in real property conveyed by written deed or v
grant dated 2016 from the Successor Agency to the Redevelopment =
4 Agency of the City of San Bernardino to the City of San Bernardino, is hereby accepted
by the undersigned officer or agent on behalf of the City of San Bernardino, pursuant a
5 to authority conferred by the City of San Bernardino on August 2016, pursuant to p
Resolution No. 2016- and the City of San Bernardino consents to recordation N
thereof by its duly authorized officer. v
6 v
Dated this day of 2016. O
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9 By: NOT FOR SIGNATURE Q
Mark Scott, City Manager >%
to City of San Bernardino a
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Provides for:
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10 Packet Pg.456
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1 A notary public or other officer completing
this certificate verifies only the identity
2 of the individual who signed the document
to which this certificate is attached, and
3 not the truthfulness, accuracy, or validity
of that document.
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6 State of California } ss
7 County of San Bernardino } n
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8 On before me, , Notary y
Public, personally appeared who proved to me y
9 on the basis of satisfactory evidence to be the person whose Q
10 name is subscribed to the within instrument and who acknowledged
to me that he/she executed the same in his/her authorized a.
11 capacity, and by his/her signature on the instrument the person, °
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or entity upon behalf of which the person acted, executed the E
12 instrument. CD
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I certify under PENALTY of PERJURY under the laws of the State
14 of California that the foregoing paragraph is true and correct.
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0 15 WITNESS my hand and official seal.
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17 CD
(Signature of Notary) (This area for
18 official notarial seal)
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11 Packet Pg:457
E14'T .0A, 5 M:c
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�c DEPARTMENT OF EDMUND [3. BROWN JR, GOVERNOR
C'g CIFCRNP
FINANCE 91 5 L STREET ■ SACRAMENTO CA E 9581 4-3706 ■WWW.013W.0A.GCV E
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May 17, 2016
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Mr. Bill Manis, Deputy City Manager
San Bernardino City
300 North D Street, 6th Floor °
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San Bernardino, CA 94218 c
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Dear Mr. Manis: °
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Subject: 2016-17 Annual Recognized Obligation Payment Schedule y_
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This letter supersedes the California Department of Finance's (Finance) Recognized Obligation
Payment Schedule (ROPS) letter dated April 15, 2016. Pursuant to Health and Safety Code
(HSC) section 34177 (o) (1), the City of San Bernardino Successor Agency(Agency) submitted
a Recognized Obligation Payment Schedule for the period of July 1, 2016 through
June 30, 2017 (ROPS 16-17) to Finance on February 1, 2016. Finance issued a ROPS c
Lo
determination letter on April 15, 2016. Subsequently, the Agency requested a Meet and Confer
session on one or more of the determinations made by Finance. The Meet and Confer session o
was held on May 2, 2016.
c
Based on a review of additional information and documentation provided to Finance during the E
Meet and Confer process, Finance has completed its review of the specific determinations being
disputed.
U
• Item No. 19—Hillwood Properties Development and Disposition Agreement(DDA) was
initially reclassified from Redevelopment Property Tax Trust Funds (RPTTF)to Other
Funds. Finance no longer reclassifies this item to Other Funds. During the Meet and ri
Confer process, the Agency contended that the Other Funds reported are an estimate of a
revenues to be received and not actual cash currently available. Therefore, Finance is 0
no longer reclassifies this item to Other Funds. °I
S
• Item No. 20— BP California—Site Remediation costs with outstanding obligation totaling E
$226,219. This item was not included in the initial review. During the Meet and Confer E
process, the Agency requested that the amount be increased from $41,413 to $177,363 m
in the ROPS 16-17A period and increased from $0 to $48,856 in the ROPS 16-17B
ca�
period. Based on the additional documents provided, Finance increases RPTTF funding cn
for the ROPS 16-17A period to $177,363 and ROPS 16-17B period to $48,856.
ti
• Item Nos. 38, 116, 123, 129, and 130—Various Property Maintenance and Disposition Lh
costs with outstanding obligation amounts totaling $3,993,308 are partially allowed.
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Finance approved the Agency's Long-Range Property Management Plan (LRPMP) on E
December 31, 2015. Some of the properties included in the request for funding were o
vow, Q
Packet Pg.458
i
Mr. Bill Manis
May 17, 2016
Page 2
designated and approved for either future development or government use, and as such,
are now the responsibility of the City of San Bernardino (City), as further detailed below: o
0
o Item No. 38— Real Property Maintenance in the amount of$1,432,000 is partially
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allowed. Finance continues to partially allow this item. A portion of this item cn
relates to LRPMP, Property Nos. 20 and 21 approved to be transferred to the
City as future development.
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During the Meet and Confer process, the Agency contended that a
Property Nos. 20 and 21 are not immediately transferable and compensation
agreements must first be obtained from the affected taxing entities. However,
Dissolution Law does not require that a compensation agreement be reached o
prior to a property being transferred to the sponsoring entity or in this case, the
City. Nevertheless, it is Finance's expectation that the required compensation a
agreement with the affected taxing entities be entered at some point in the future. C
Finance notes that the Agency is requesting maintenance costs for properties
that have been approved for transfer to the City. Therefore, the Agency should >%
proceed with the transfer of the properties to the City as approved in the LRPMP.
-
Therefore, according to the documentation provided, of the $1,432,000
requested ($530,000 from Other Funds + $902,000 from RPTTF), Finance E
approves $308,000 from Other Funds for Agency-owned properties, and the
difference, $1,124,000 ($1,432,000-$308,000) is not eligible for Other Funds in co
the amount of$222,000, and is not eligible for RPTTF in the amount of$902,000. LO
o Item No. 116— Real Property Security Services in the amount of$209,308 is 2
partially allowed. Finance continues to partially allow this item. A portion of this
item relates to LRPMP, Property Nos. 20 and 21 approved for transfer to the City E
as future development. During the Meet and Confer process, the Agency a;
contended that Property Nos. 20 and 21 are not immediately transferable and of
compensation agreements must first be obtained from the affected taxing U
entities. However, Dissolution Law does not require that a compensation
agreement be reached prior to a property being transferred to the sponsoring
entity or in this case, the City. Nevertheless, it is Finance's expectation that the Q6
required compensation agreement with the affected taxing entities be entered at Cn
some point in the future. Finance notes that the Agency is requesting a
maintenance costs for properties that have been approved for transfer to the of
City. Therefore, the Agency should proceed with the transfer of the properties to c
the City as approved in the LRPMP. Therefore, $149,318 is not eligible for a
RPTTF funding.
L
o Item No. 123— Real Property Security Services in the total outstanding obligation mi
amount of$114,000 is not allowed. Finance continues to deny this item. This
item relates to LRPMP, Property No. 21 approved for transfer to the City as
future development. During the Meet and Confer process, the Agency
contended that Property No. 21 is not immediately transferable and
compensation agreements must first be obtained from the affected taxing o
entities. However, Dissolution Law does not require that a compensation
agreement be reached prior to a property being transferred to the sponsoring E
entity or in this case, the City. Nevertheless, it is Finance's expectation that the
required compensation agreement with the affected taxing entities be entered at
Q
Packet P9.459
Mr. Bill Manis
May 17, 2016
Page 3
some point in the future. Finance notes that the Agency is requesting
maintenance costs for properties that have been approved for transfer to the o
City. Therefore, the Agency should proceed with the transfer of the properties to =
the City as approved in the LRPMP. Therefore, this item is no longer an 4
enforceable obligation and the requested amount of$114,000 is no longer Q
eligible for RPTTF funding.
L
o Item No. 129—Solar Power Purchase Agreement in the total outstanding o
obligation amount of$520,000 is not allowed. Finance continues to deny this a`
item. During the Meet and Confer process, the Agency contended that this item
is an enforceable obligation pursuant to the Solar Power Purchase Agreement W
between the former Redevelopment Agency(RDA)and RDA Solar 1, LLC. o
However, RDA Solar I, LLC appears to be a suspended/forfeited company and
related to the City. HSC section 34171 (d)(2) states that agreements, contracts, r
or arrangements between the city, county, or city and county that created the
RDA and the former RDA are not enforceable obligations. Therefore, this item is Q
not an enforceable obligation and the requested amount of$40,000 is denied for
RPTTF funding. U
L
d
o Item No. 130— LRPMP Disposition Costs in the amount of$250,000 are partially W
allowed. Finance continues to partially allow this item. A portion of this item 2
relates to LRPMP, Property Nos. 20 through 26 approved for transfer to the City
co
as future development.
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During the Meet and Confer process, the Agency contended that
Property Nos. 20 through 26 are not immediately transferable and compensation c
agreements must first be obtained from the affected taxing entities. However,
Dissolution Law does not require that a compensation agreement be reached E
prior to a property being transferred to the sponsoring entity or in this case, the
City. Nevertheless, it is Finance's expectation that the required compensation of
agreement with the affected taxing entities be entered at some point in the future.
Finance notes that the Agency is requesting maintenance costs for properties
that have been approved for transfer to the City. Therefore, the Agency should
proceed with the transfer of the properties to the City as approved in the LRPMP (n
U)
i
Therefore, $147,815 is approved for Agency-owned properties, and the a.
0
difference, $102,185 ($250,000- $147,815) is not eligible for RPTTF funding. Wi
0
c
Additionally, Finance no longer reclassifies this item to Other Funds. During the
Meet and Confer process, the Agency contended that the Other Funds reported
are an estimate of revenues to be received and not actual cash currently m
available. Therefore, Finance is no longer reclassifies this item to Other Funds. c�
M
co
• Item Nos. 95, 113, and 114— Unfunded Prior-Year Pass-Through Obligations, °
outstanding obligation amounts totaling $1,294,705. Finance no longer denies these ti
items. During our initial review, the Agency provided demand letters from Rialto Unified U
School District, San Bernardino City Unified School District, San Bernardino County °
Superintendent of Schools, and San Bernardino Community College District(collectively
"LEAs")that requested payments of underfunded pass-throughs for fiscal years 2008-09 E
through 2010-11. Finance initially denied these items because there was not adequate
documentation to support the requested amounts. a
Packet Pg.460
i
Mr. Bill Manis
May 17, 2016
Page 4
During the Meet and Confer process, the Agency and LEAs contended that that the o
former RDA was the responsible entity for the calculation and disbursement of the pass w
through amounts and that the County Auditor-Controller gave the former RDA all of the
funds to do the calculations and disbursements. Based on additional documents N
provided, Finance approves the following amounts to be funded from RPTTF:
o Item No. 95—San Bernardino City Unified School District—$1,030,851 0
o Item No. 113—San Bernardino County Superintendent of Schools—$22,461 a
o Item No. 114—San Bernardino Community College District—$234,326
In addition, per Finance's letter dated April 15, 2016, we continue to make the following o
determinations not contested by the Agency during the Meet and Confer:
CL
Y
• Item No. 84--Securities Servicing Fees in the amount of$130,000 are partially allowed.
The Agency provided an updated schedule to support the fees applicable for fiscal year a
2016-17, which total $26,352. Therefore, this item is partially allowed in the amount of
$26,352, and the remaining amount, $103,648 ($130,000- $26,352) is not eligible for
RPTTF funding. ,
y
C
• Item No. 120—Continuing Disclosure Services in the amount of$13,500 is partially
allowed. Subsequent to submitting this ROPS. the Agency provided an updated
estimate supporting the fees applicable for fiscal year 2016-17. Therefore, this item is 0
Ln
partially allowed in the amount of$9,000. The Agency's remaining request in the
Ar amount of$4,500 ($13,500 - $9,000) is not eligible for RPTTF funding.
• Item No. 125—2016 Refunding Bonds, debt service interest payment in the amount of
$2,297,206 has been adjusted. Based on discussions with Agency staff and a review of E
documentation provided, the $2,297,206 requested for the annual period should be
$1,849,868. As a result, and at the Agency's request, the total ROPS 16-17 RPTTF of
funding requested for this item has been decreased by $447,338. L)
i
• Item No. 126—2016 Refunding Bonds, debt service principal payment in the amount of
$995,000 has been adjusted. Based on discussions with Agency staff and a review of
documentation provided, the $995,000 requested for the annual period should be aI
$980,000. As a result, the total ROPS 16-17 RPTTF funding requested for this item has 0
been decreased by $15,000. of
c
Except for the items denied in whole or in part or the items that have been adjusted, Finance is
not objecting to the remaining items listed on your ROPS 16-17. F
d
m
On the ROPS 16-17 form, the Agency reported cash balances and activity for the period of
July 1, 2015 through June 30, 2016. Finance performs a review of the Agency's self-reported N
cash balances on an ongoing basis. Be prepared to submit financial records and bridging
documents to support the cash balances reported upon request. If it is determined the Agency
possesses cash balances that are available to pay approved enforceable obligations, o
HSC section 34177 (1) (1) (E) requires these balances to be used prior to requesting RPTTF.
Y
c
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The Agency's maximum approved RPTTF distribution for the reporting period is $16,877,595 as E
summarized in the Approved RPTTF Distribution Table on Page 6 (See Attachment).
Y
Y
a
Packet Pg.461
Mr. Bill Manis
May 17, 2016
Page 5
ROPS distributions will occur twice annually, one distribution for the July 1, 2016 through o
December 31, 2016 (ROPS A period), and one distribution for the January 1, 2017 through
June 30, 2017 (ROPS B period) based on Finance's approved amounts. Since Finance's
determination is for the entire ROPS 16-17 period, the Agency is authorized to receive up to the Q
maximum approved RPTTF through the combined ROPS A and B period distributions.
On the ROPS 16-17 form, the Agency was not required to report the estimated obligations o
versus actual payments (prior period adjustment)associated with the July 1, 2015 through a
December 31, 2015 period (ROPS 15-16A). The Agency will report actual payments for
ROPS 15-16A and ROPS 15-168 on the ROPS 18-19 form pursuant to W
HSC section 34186 (a) (1). A prior period adjustment will be applied to the Agency's future o
RPTTF distribution. Therefore, the Agency should retain any difference in unexpended RPTTF.
CL
Please refer to the ROPS 16-17 schedule used to calculate the total RPTTF approved for
distribution: a
http://www.dof.ca.gov/redevelopment/ROPS
i
d
This is Finance's determination related to the enforceable obligations reported on your RODS
for the period July 1, 2016 through June 30, 2017. This determination only applies to items
when funding was requested for the 12-month period. Finance's determination is effective for
this time period only and should not be conclusively relied upon for future ROPS periods. All co
items listed on a future ROPS are subject to review and may be denied even if it was not denied
LO
on this RODS or a preceding ROPS. The only exception is for items that have received a Final =
and Conclusive determination from Finance pursuant to HSC section 34177.5 (i). Finance's
ms's review of Final and Conclusive items is limited to confirming the scheduled payments as
required by the obligation. E
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The amount available from the RPTTF is the same as the amount of property tax increment of
available prior to the enactment of the redevelopment dissolution statutes. Therefore, as a U
practical matter, the ability to fund the items on the ROPS with property tax is limited to the
amount of funding available to the Agency in the RPTTF.
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Please direct inquiries to Evelyn Suess, Dispute Resolution Supervisor, or Mary Halterman, co CL
Analyst, (916) 445-3274. p
Sincerely,
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JUSTYN HOWARD mi
Program Budget Manager N
cc: Ms. Lisa Connor, Project Manager, City of San Bernardino ti
Ms. Linda Santillano, Property Tax Manager, San Bernardino County
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Packet Pg. 462
Mr. Bill Manis
May 17, 2016
Page 6
Attachment
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Approved RPTTF Distribution `~
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For the period of July 2016 through June 2017
ROPS A Period ROPS B Period Total . Q
Requested RPTTF(excluding administrative obligations) $ 12,966,323 $ 5,070,419 $ 18,036,742
Requested Administrative RPTTF 388,990 152,113 $ 541,103
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Total RPTTF requested for obligations on ROPS 16-17 $ 13,355,313 $ 5,222,532 $ 18,577,845 a
Adjustment to Agency requested RPTTF
Item No.20 135,950 48,856 184,806
Item No. 114 204,798 0 204,798 0
Item No. 125 (366,596) (80,742) (447,338) W
Item No. 126 15,000 0 15,000 =
Total RPTTF adjustments 40,848 31,886 (72,734) Q
Total RPTTF requested 12,925,475 5,038,533 17,964,008
Denied Items `t
Item No.38 (451,000) (451,000) (902,000) Y
Item No.84 (53,499) (50,149) (103,648) U
Item No. 113 (211,865) 0 (211,865) 4,
Item No. 116 (74,659) (74,659) (149,318)
Item No. 120 (4,500) (4,500)
Item No. 123 (57,000) (57,000) (114,000)
Item No. 129 (20,000) (20,000) (40,000) 00
Item No. 130 102,185 0 102,185
(970,208) (657,308) (1,627,516)
Total RPTTF authorized 11,955,267 4,381,225f—$ 16,336,492
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Total Administrative RPTTF authorized 388,990 152,1131 $ 541,103
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Total RPTTF approved for distribution 12,344,257 4,533,338 $ 16,877,595
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Packet Pg.463