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2019-06 RESOLUTION NO. 2019-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE APPROVING AN EXPENDITURE OF BOND PROCEEDS IN THE AMOUNT OF $20,000 IN FURTHERANCE OF THE MT. VERNON SLOPE REPAIR PROJECT 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 1x26, 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. 2019-06 CC RESO Page 1 of 3 March 12, 2019 RESO Page 1 of 2 April 9, 2019 or otherwise unenforceable. Section 9. This Urgency Ordinance is enacted pursuant. to Government Code §§ 36934 and 36937 and shall be iih.full force and effect immediately upon its adoption by the City Council. Section 10. The City Clerk shall certify as to the passage and adoption of this Urgency Ordinance and shall cause the same to be posted at the designated locations in the City of Grand Terrace. Ordinance No. 323 Page 5 of 7 April 9, 2019 e published. Ad hoc aesthetic standards are not enforceable. Cities that have aesthetic, spacing, or undergrounding standards currently in place may continue to judge applications against their current standards. However, by April 15, cities may only enforce aesthetic, undergrounding and spacing standards that are reasonable, no more burdensome than those applied to other types of infrastructure deployments, and objective and published in advance. Ordinance No. 323 Page 3 of 7 April 9, 2019 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: 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 $20,000 of the Bond Proceeds to stabilize the Mt. Vernon Slope from Mt. Vernon and Grand Terrace Road to the northerly city limit of Grand Terrace. Section 3. This Resolution shall go into full force and effect immediately. Section 4. 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 this 12th day of March 2019. C ar McN , Mayor ATTEST: • 0 go 49..,14.4„ Eebra L. Th mas, City Clerk APPROVED AS TO FORM: Adrian R. Guerra, City Attorney 2019-06 CC RESO Page 2 of 3 March 12, 2019 cy") 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. 2019-06 CC RESO Page 1 of 3 March 12, 2019 RESO Page 1 of 2 April 9, 2019 or otherwise unenforceable. Section 9. This Urgency Ordinance is enacted pursuant. to Government Code §§ 36934 and 36937 and shall be iih.full force and effect immediately upon its adoption by the City Council. Section 10. The City Clerk shall certify as to the passage and adoption of this Urgency Ordinance and shall cause the same to be posted at the designated locations in the City of Grand Terrace. Ordinance No. 323 Page 5 of 7 April 9, 2019 e published. Ad hoc aesthetic standards are not enforceable. Cities that have aesthetic, spacing, or undergrounding standards currently in place may continue to judge applications against their current standards. However, by April 15, cities may only enforce aesthetic, undergrounding and spacing standards that are reasonable, no more burdensome than those applied to other types of infrastructure deployments, and objective and published in advance. Ordinance No. 323 Page 3 of 7 April 9, 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. 2019-06 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 12th day of March 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 13th day of March 2019, at Grand Terrace, California. ebra L. Thomas = City Clerk - [SEAL] 2019-06 CC RESO Page 3 of 3 March 12, 2019