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2019-09 RESOLUTION NO. 2019-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE APPROVING AN EXPENDITURE OF BOND PROCEEDS TO CONTRACT FOR PROFESSIONAL SERVICES FOR THE MICHIGAN STREET WALKABILITY/COMPLETE STREETS PLAN WHEREAS, the Community Redevelopment Agency of the City of Grand Terrace, ("Redevelopment Agency")was formed for the purpose of revitalizing areas within the City of Grand Terrace pursuant to Health and Safety Code ("HSC") Section 33000, et seq.; and WHEREAS, pursuant to Assembly Bill 1 x26, enacted on June 28, 2011, and Assembly Bill 1484, enacted on June 27, 2012, (collectively the "Dissolution Act");, the Redevelopment Agency was dissolved on February 1, 2012; and WHEREAS, on January 10, 2012, the Grand Terrace City Council adopted Resolution 2012-01, pursuant to Part 1.85, of the Dissolution Act, by which the City Council elected to serve as the Successor Agency to the Redevelopment Agency upon the dissolution of the Redevelopment Agency under AB 26 ("Successor Agency") commencing on February 1, • 2012; and • WHEREAS, pursuant to Health and Safety Code section 34191.4(c), after a successor agency has received a finding of completion from the State Department of Finance ("DOF"), a Successor Agency, with the approval of its Oversight Board, may list enforceable obligations to expend excess bond proceeds on its Recognized Obligation Payment Schedule ("ROPS"), so long as such expenditures are consistent with the bond covenants; and WHEREAS, the Successor Agency received a Finding of Completion from the DOF on May 9, 2013; and WHEREAS, the Successor Agency has excess bond proceeds from the $15,175,000 Grand Terrace Redevelopment Agency's Community Redevelopment Project Area 2011A Tax Allocation Bonds("Bond Proceeds")which were issued for the purpose of financing public improvements within the Project Area; and WHEREAS, the DOF approved a Bond Proceeds Expenditure Agreement between the Successor Agency and the City of Grand Terrace ("City") enabling the City to expend or allocate the Bond Proceeds for expenditures consistent with the applicable covenants of the 2011 Tax Allocation Bonds ("2011 TAB"); and WHEREAS, the expenditure approved in this Resolution is a public improvement within the intent and purpose the 2011 TAB and is consistent with the 2011 TAB covenants. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE 'DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: 2019-09 CC RESO Page 1 of 3 April 23, 2019 State or federal law. The implementation of this chapter and decisions on applications for placement of wireless telecommunications facilities in the PROW shall, at a minimum, ensure that the requirements of this chapter are satisfied, unless it is determined that the applicant has established that denial of an application would, within the meaning of federal law,prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the,requirements of this Chapter may be waived, but only to the minimum extent required to avoid the prohibition or violation. Ordinance No. 324 Page 38 of 39 April 23, 2019 tice that operations have commenced by the same date. Ordinance No. 324 Page 36 of 39 April 23, 2019 perty, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such facility unreasonably interferes with or unreasonably impedes the flow of pedestrian or Ordinance No. 324 Page 35 of 39 April 23, 2019 arise from the construction, operation, maintenance, modification, and removal of the facility. All facilities, Ordinance No. 324 Page 32 of 39 April 23, 2019 SECTION 1. The City Council finds that the above recitations are true and correct and, accordingly, are incorporated herein as findings and a material part of this Resolution. SECTION 2. That the City Manager is herein authorized to expend $75,000.00 of the Bond Proceeds to contract for professional planning services for the preparation of the Michigan Street Walkability/Complete Street Plan. SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council of the City of Grand Terrace hereby declares that it would have adopted this_Resolution and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 4. All resolutions and other actions of the City Council in conflict with the contents of this Resolution are hereby repealed. SECTION 5. This Resolution shall go into full force and effect immediately, but the individual fees shall become effective as provided by the applicable provisions of State Law. SECTION 6. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 23rd day of April 2019. Jot/ 711 Dar i cNab•�' Mayor ATTEST: Debra L. Thomas City Clerk APPROVED AS TO FORM: Adrian R. Guerra City Attorney 2019-09 CC RESO Page 2 of 3 April 23, 2019 2011A Tax Allocation Bonds("Bond Proceeds")which were issued for the purpose of financing public improvements within the Project Area; and WHEREAS, the DOF approved a Bond Proceeds Expenditure Agreement between the Successor Agency and the City of Grand Terrace ("City") enabling the City to expend or allocate the Bond Proceeds for expenditures consistent with the applicable covenants of the 2011 Tax Allocation Bonds ("2011 TAB"); and WHEREAS, the expenditure approved in this Resolution is a public improvement within the intent and purpose the 2011 TAB and is consistent with the 2011 TAB covenants. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE 'DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: 2019-09 CC RESO Page 1 of 3 April 23, 2019 State or federal law. The implementation of this chapter and decisions on applications for placement of wireless telecommunications facilities in the PROW shall, at a minimum, ensure that the requirements of this chapter are satisfied, unless it is determined that the applicant has established that denial of an application would, within the meaning of federal law,prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the,requirements of this Chapter may be waived, but only to the minimum extent required to avoid the prohibition or violation. Ordinance No. 324 Page 38 of 39 April 23, 2019 tice that operations have commenced by the same date. Ordinance No. 324 Page 36 of 39 April 23, 2019 perty, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such facility unreasonably interferes with or unreasonably impedes the flow of pedestrian or Ordinance No. 324 Page 35 of 39 April 23, 2019 arise from the construction, operation, maintenance, modification, and removal of the facility. All facilities, Ordinance No. 324 Page 32 of 39 April 23, 2019 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF GRAND TERRACE ) I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2019-09 was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, at the regular meeting of said City Council held on the 23rd day of April 2019, and that the same was passed and adopted by the following vote: AYES: Council Members Allen, Hussey, Robles; Mayor Pro Tern Wilson; Mayor McNaboe NOES: None. ABSENT: None. ABSTAIN: None. Executed this 24th day of April 2019, at Grand Terrace, California. jej1 De ra L.Thomas City Clerk ._�' [SEAL] Y 2019-09 CC RESO Page 3 of 3 April 23, 2019