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HomeMy WebLinkAbout7201_CCv0001.pdf RESOLUTION NO. 7201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS TAKING CERTAIN ACTIONS WITH RESPECT TO THE PROVISION OF A LOAN TO THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS RECITALS WHEREAS, on November 1, 2011, the City Council of the City of Redlands (the"City") approved Resolution 7089 electing to serve as the Successor Agency to the former Redevelopment Agency of the City of Redlands (the "Successor Agency") pursuant to Section 34173 of the Health and Safety Code; and WHEREAS, Assembly Bill No. 1484 was signed by the Governor of California on June 27, 2012, adding among other things, Chapter 9 (commencing with Section 34191.1) to Part 1.85 of Division 24 of the California Health and Safety Code; and WHEREAS,on July 9, 2012 the Successor Agency received a demand for payment in the amount of $2,867,052 from the County of San Bernardino Auditor-Controller/Treasurer/Tax Collector pursuant to Section 341835(b)(2)(A) of Assembly Bill No. 1484; and WHEREAS, On July 11, 2012 the Successor Agency received a revised demand for payment in the amount of $2,601,269 (the "Payment") from the County of San Bernardino Auditor-Controller/Treasurer/Tax Collector pursuant to Section 34183.5(b)(2)(A) of Assembly Bill No. 1484; and WHEREAS, On July 12, 2012, the Successor Agency made the Payment to the County of San Bernardino Auditor-Controller/Treasurer/Tax Collector, using the $2,535,662 balance held in its Successor Agency Funds and a$65,607.37 loan from the City. WHEREAS, the Successor Agency no longer has any fund balance in its Successor Agency Funds and has enforceable obligations from July through December 2012 in the amount of Three Million One Hundred Fifty Seven Thousand Four Hundred Dollars ($3,157,400) and, pursuant to Section 34173(h) of the Health and Safety Code, the city that authorized the creation of a redevelopment agency may loan or grant funds to a successor agency for administrative costs, enforceable obligations, or project-related expenses at the city's discretion. WHEREAS, it is in the best interest of the City that the Successor Agency pay the enforceable obligations, which include $2,880,794 in bond principal and interest payments, as default by the Successor Agency could potentially affect the creditworthiness of the City; and WHEREAS, the loan would be evidenced by a promissory note requiring repayment of the loan by the Successor Agency including interest accrued at the current State of California Local Agency Investment Fund interest rate of 0.38%, and the receipt of the funds shall be reflected on Recognized Obligation Payment Schedule or the administrative budget of the 1 Successor Agency and therefore subject to the oversight and approval of the Oversight Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows: Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. This Resolution is adopted pursuant to Health and Safety Code Section 34173. Section 3. The City Council hereby authorizes a loan to the Successor Agency in the amount of Three Million One Hundred Fifty Seven Thousand Four Hundred Dollars ($3,157,400) and authorizes the Mayor of City of Redlands, or any City Councilmember, to execute loan documents. Section 4. The adoption of this Resolution is not intended and shall not constitute a waiver by the City or the Successor Agency of any right the City or Successor Agency may have to challenge all or any portion of Assembly Bill No. 1484 through administrative or judicial proceedings. Section 5. This Resolution has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Tide 14, Sections 15000 et seq., hereafter the "Guidelines"), and the City's environmental guidelines. The City Council has determined that this Resolution is not a"project" for purposes of CEQA, as the term is defined by Guidelines Section 15378, because this Resolution is an administrative activity that will not result in a direct or indirect physical change in the environment(Guidelines Section 15378(b)(5)). 2 ADOPTED, SIGNED AND APPROVED this 26th day of July, 2012. Peter Agui ar, Mayor ATTEST- Sam Irwin, <t erk I, Sam Irwin, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution was duly adopted by the City Council at a special meeting thereof, held on the 26h day of July, 2012, by the following vote: AYES: Councilmembers Harrison, Bean, Gardner; Mayor Aguilar NOES: hone ABSTAIN: None ABSENT: Councilmember Foster Sam Irwin, City Clerk 3