HomeMy WebLinkAboutSA AG PKT 2012-02-13 #1SUCCESSOR AGENCY TO THE
SEAL BEACH REDEVELOPMENT AGENCY
DATE: February 13, 2012
TO: Honorable Chair and Board Members
THRU: Jill R. Ingram, Executive Director
FROM: Mark H. Persico, AICP, Director of Development Services
SUBJECT: MATTERS OF THE SUCCESSOR AGENCY TO THE
SEAL BEACH REDEVELOPMENT AGENCY
SUMMARY OF REQUEST:
Staff recommends that:
BACKGROUND AND ANALYSIS:
AGENDA STAFF REPORT
1. The City Council adopt Resolution No. 6222 establishing rules and regulations
for the Successor Agency to the Seal Beach Redevelopment Agency.
2. The Successor Agency to the Seal Beach Redevelopment Agency adopt
Resolution Nos. SAl2 -01, SAl2 -02, and SAl2 -03.
AB X1 26 ( "AB 26 ") and AB X1 27 ( "AB 27 "), which were signed by the Governor
of California on June, 29, 2011, added Parts 1.8 and 1.85 to the Community
Redevelopment Law. In California Redevelopment Association, et al. v.
Matosantos, et al. (Case No. S194861), the California Supreme Court largely
upheld AB 26, invalidated AB 27, and held that AB 26 may be severed from AB
27 and enforced independently. The Supreme Court generally revised the
effective dates and deadlines for performance of obligations in Part 1.85 (the
dissolution provisions) arising before May 1, 2012 to take effect four months
later. As a result of the Supreme Court's decision, on February 1, 2012, all
redevelopment agencies were dissolved and successor agencies were
designated as successor entities to the former redevelopment agencies. The
successor agencies have all the authority, rights, powers, duties, and obligations
previously vested with the former redevelopment agencies under the Community
Redevelopment Law except for those that were repealed, restricted, or revised
by AB 26.
Agenda Item 1
On January 9, 2012, the City Council adopted Resolution No. 6211, electing for
the City to serve as the Successor Agency for the Seal Beach Redevelopment
Agency upon the Agency's dissolution. The assets of the Seal Beach
Redevelopment Agency transferred to the Successor Agency by law on February
1, 2012.
There are four resolutions presented herewith:
1. City Council Resolution No. 6222 - establishing basic governance, rules,
and regulations for the Successor Agency as a new and distinct legal
entity from the City.
This Resolution provides that the Successor Agency is a distinct legal entity,
separate from the City. Assembly member Blumenfield, the author of AB 26,
stated in a letter of clarification addressed to the California State Assembly on
January 10, 2012 that cities are "distinct legal entities from successor agencies,
and therefore the liabilities of the former redevelopment agencies and the
successor agencies do not become the liabilities of the corresponding cities." As
a new legal entity, this Resolution directs that the Secretary of the Successor
Agency file the prescribed form with the Secretary of State and the County Clerk
in accordance with Government Code Section 53051 that will add the Successor
Agency to the Roster of Public Agencies maintained by these offices.
This Resolution further provides that the Successor Agency will be governed by a
Board of Directors, which shall consist of the members of the City Council, that
the Mayor and Vice Mayor will serve as Chair and Vice Chair of the of the Board,
and provides for regular meetings of the Board (to occur after the regular
meetings of the City Council). The Resolution designates the City Manager as
Executive Director, the City Clerk as Secretary, the City Director of Finance /City
Treasurer as the Finance Officer, and Richards, Watson & Gershon as legal
counsel of the Successor Agency. Council members will file assuming office
statements within 30 days after the adoption of the Resolution assuming office as
a member of the Board of Directors of the Successor Agency. In addition, a local
conflict of interest code and local CEQA guidelines will be prepared for adoption
by the Board at a subsequent meeting.
The Successor Agency will exercise the powers necessary to perform all of the
functions described in Health and Safety Code Section 34177, as well as any
other powers granted under law. The Successor Agency's statutory functions
include making payments and performing obligations required under enforceable
obligations, continuing to collect loans, rents and other revenue on behalf of the
former redevelopment agency, continuing to oversee development of properties
until the contracted work has been completed, and disposing of assets and
properties of the former redevelopment agency as directed by the oversight
board. The Successor Agency also will prepare proposed administrative budgets
and submit them to the oversight board for its approval, pursuant to Health and
Safety Code Section 34177(j).
Page 2
As a separate legal entity, Successor Agency assets and monies shall be
maintained separately from City assets and monies. Health and Safety Code
Section 34173(e) states that "the liability of any successor agency shall be limited
to the extent of the total sum of property tax revenues it receives pursuant to this
part and the value of assets transferred to it as a successor agency for a
dissolved redevelopment agency." The Resolution provides that the Successor
Agency shall indemnify the City for any claims arising from its activities, and its
liabilities shall not be the City's liabilities.
2. Resolution No. SAl2 -01 - creating a Redevelopment Obligation
Retirement Fund
Pursuant to Health and Safety Code Section 34170.5, each successor agency to
a former redevelopment agency shall create within its treasury a Redevelopment
Obligation Retirement Fund to be administered by the successor agency.
3. Resolution No. SAl2 -02 - designating Authorized Representatives to
Make Deposits and Withdrawals in the Local Agency Investment Fund
("LAIF")
From time to time the Redevelopment Agency maintained moneys in the Local
Agency Investment Fund ( "LAIF ") in the State Treasury. On January 26, 2012,
staff withdrew all Redevelopment Agency funds deposited in LAIF Account.
In the event the Successor Agency wants to deposit moneys in LAIF in the
future, it must first designate authorized representatives of the Successor Agency
to make deposits in and withdrawals from the Agency LAIF Account on behalf of
the Successor Agency.
4. Resolution No. SAl2 -03 - adopting an Enforceable Obligation Payment
Schedule
Pursuant to Health and Safety Code Section 34177, successor agencies are
required to continue to make payments due for enforceable obligations of the
former redevelopment agencies. On and after February 1, 2012, and until a
Recognized Obligation Payment Schedule becomes operative, only payments
required pursuant to an enforceable obligation payment schedule shall be made.
Accordingly, the Successor Agency must adopt an enforceable obligation
payment schedule.
ENVIRONMENTAL IMPACT:
There will be no new environmental impact associated with adoption of the
attached Resolutions.
Page 3
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
Creation of the Redevelopment Obligation Retirement Fund and adoption of an
enforceable obligation payment schedule will allow the Successor Agency to
receive funds from the County Auditor - Controller to pay enforceable obligations
of the former redevelopment agency.
RECOMMENDATION:
1. The City Council adopt Resolution No. 6222 establishing rules and
regulations for the Successor Agency to the Seal Beach Redevelopment
Agency.
2. The Successor Agency to the Seal Beach Redevelopment Agency adopt
Resolution Nos. SAl2 -01, SAl2 -02, and SAl2 -03.
SUBMITTED BY:
Attachments:
Mark H. Persico, A
Director of Development Services
A. City Council Resolution 6222
B. Successor Agency Resolution SAl2 -01
C. Successor Agency Resolution SAl2 -02
D. Successor Agency Resolution SAl2 -03
Page 4
NOTED AND APPROVED:
j R. Ingram, C j, anager
ATTACHMENT "A"
RESOLUTION NUMBER 6222
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACTING
AS THE GOVERNING BODY FOR THE SUCCESSOR AGENCY
TO THE SEAL BEACH REDEVELOPMENT AGENCY
PURSUANT TO PART 1.85 OF DIVISION 24 OF THE
CALIFORNIA HEALTH AND SAFETY CODE ESTABLISHING
RULES AND REGULATIONS FOR THE OPERATIONS OF THE
SUCCESSOR AGENCY AS A NEW LEGAL ENTITY SEPARATE
FROM THE CITY AND TAKING CERTAIN ACTIONS IN
CONNECTION THEREWITH
RESOLUTION NUMBER 6222
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACTING
AS THE GOVERNING BODY FOR THE SUCCESSOR AGENCY
TO THE SEAL BEACH REDEVELOPMENT AGENCY
PURSUANT TO PART 1.85 OF DIVISION 24 OF THE
CALIFORNIA HEALTH AND SAFETY CODE ESTABLISHING
RULES AND REGULATIONS FOR THE OPERATIONS OF THE
SUCCESSOR AGENCY AS A NEW LEGAL ENTITY SEPARATE
FROM THE CITY AND TAKING CERTAIN ACTIONS IN
CONNECTION THEREWITH
RECITALS
A. The Seal Beach Redevelopment Agency was a redevelopment
agency in the City of Seal Beach ( "City "), duly created pursuant to the
Community Redevelopment Law (Part 1 (commencing with Section 33000) of
Division 24 of the California Health and Safety Code) (the "Redevelopment
Law ").
B. AB X1 26 and AB X1 27 were signed by the Governor of California
on June 29, 2011, making certain changes to the Redevelopment Law, including
adding Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing
with Section 34170) ( "Part 1.85 ") to Division 24 of the California Health and
Safety Code ( "Health and Safety Code ").
C. The California Redevelopment Association and League of
California Cities filed a lawsuit in the Supreme Court of California (Califomia
Redevelopment Association, et al. v. Matosantos, et al. (Case No. S194861))
alleging that AB X1 26 and AB X1 27 were unconstitutional.
D. On December 29, 2011, the Supreme Court issued its opinion in
the Matosantos case largely upholding AB X1 26, invalidating AB X1 27, and
holding that AB X1 26 may be severed from AB X1 27 and enforced
independently.
E. The Supreme Court generally revised the effective dates and
deadlines for performance of obligations in Part 1.85 arising before May 1, 2012
to take effect four months later.
F. As a result of the Supreme Court's decision, on February 1, 2012,
all redevelopment agencies were dissolved and replaced by successor agencies
established pursuant to Health and Safety Code Section 34173.
G. The City Council of the City adopted Resolution No. 6211 on
January 9, 2012, pursuant to Part 1.85 electing for the City to serve as the
successor agency for the Seal Beach Redevelopment Agency upon the Agency's
dissolution.
H. The City Council, acting as the governing board for the
successor agency, hereby desires to adopt a name for that separate legal entity
and establish rules and regulations that will apply to the govemance and
operations of the successor agency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
ACTING AS THE GOVERNING BODY FOR THE SUCCESSOR AGENCY TO
THE SEAL BEACH REDEVELOPMENT AGENCY, HEREBY FINDS,
DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Resolution Number 6222
Section 1 Designated Successor Agency. Pursuant to City Council
Resolution No. 6211, by which the City elected to serve as the successor agency
to the Seal Beach Redevelopment Agency under Part 1.85 upon the Agency's
dissolution (the "Successor Agency "), and the Agency having been dissolved by
operation of law on February 1, 2012, the Successor Agency is hereby declared
constituted.
Section 2 Separate Legal Entity. The Successor Agency is a distinct
and separate legal entity from the City, and is hereby named "Successor Agency
to the Seal Beach Redevelopment Agency," the sole name by which it will
exercise its powers and fulfill its duties pursuant to Part 1.85.
Section 3 Governance.
A. Board of Directors. The Successor Agency shall be
governed by a Board of Directors (the "Board "), which shall exercise the powers
and perform the duties of the Successor Agency. The Board shall consist of the
members of the City Council of the City.
B. Board Officers. The Board shall have a Chair to preside at
and conduct all meetings and a Vice Chair who shall act in the absence of the
Chair. The offices of the Chair and Vice Chair shall be filled by the Mayor and
Mayor Pro Tempore, respectively, of the City Council of the City.
C. Meetings of the Board. The Board shall hold regular
meetings on the second and fourth Mondays on the days when the City Council
is in session. The Board may adopt such rules and procedures for conducting
such meetings and other business as the Board deems appropriate. All
meetings of the Board including, without limitation, regular, adjourned regular,
and special meetings shall be called, noticed, and conducted in accordance with
the provisions of the Ralph M. Brown Act, Sections 54950 et seq. of the
California Government Code.
D. Quorum. The presence of a majority of the Board members
at a meeting shall constitute a quorum for the transaction of Successor Agency
business. Less than a quorum may adjourn or continue meetings from time to
time.
E. Voting. Except as otherwise provided by law or resolution of
the Board, decisions of the Board shall be made by a majority of a quorum.
F. Executive Director. The City Manager of the City shall serve
as Executive Director of the Successor Agency. The Executive Director may
appoint officers and employees as necessary to perform the duties of the
Successor Agency. The Executive Director also may delegate the performance
of his or her duties to other officers or employees.
G. Secretary. The City Clerk of the City shall serve as
secretary to the Successor Agency.
H. Finance Officer. The Director of Finance /City Treasurer of
the City shall serve as Finance Officer of the Successor Agency. The Finance
Officer shall have the care and custody of all funds of the Successor Agency and
shall deposit the same in the name of the Successor Agency in such bank or
banks as he or she may select. The Finance Officer also may enter into
agreements on behalf of the Successor Agency with any bank or trust company
authorized to accept deposits of public funds, providing for the transfer of funds
between accounts maintained by the Successor Agency upon request by
telephone. Such agreement also may provide for the investment upon request
by telephone of funds maintained in such accounts.
Resolution Number 6222
I. Legal Counsel. Richards, Watson & Gershon shall
provide legal services to the Successor Agency at the same rates set forth in that
certain agreement for legal services dated June 25, 2007.
J. Additional Duties. The officers of the Successor Agency
shall perform such other duties and functions as may from time to time be
required or directed by the Board of the Successor Agency. Any member of the
Board and the Executive Director may sign, with the counter - signature of one
other member of the Board, or the Executive Director or the Finance Officer, all
orders and checks for the payment of money. The Chair or Vice Chair in the
absence of the Chair, and the Executive Director may sign deeds, contracts, and
other instruments made by the Successor Agency.
Section 4 Powers and Duties of the Successor Agency. The Successor
Agency shall have the authority to perform the functions and duties described in
Part 1.85, including but not limited to making payments and performing
obligations required by enforceable obligations and expeditiously winding down
the affairs of the Agency. The Successor Agency also may exercise any other
powers provided by statute or granted by law.
Section 5 Successor Agency Funds and Obligations. All assets and
monies held by or under the control of the Successor Agency shall be maintained
in funds and accounts established by the Successor Agency and shall be kept
separate and apart from the funds and accounts of the City.
Section 6 Indemnification and Liability.
A. Indemnification. The Successor Agency shall defend,
indemnify, and hold harmless the City, and its City Council, boards,
commissions, officers, employees and agents, from any and all claims, losses,
damages, costs, injuries and liabilities of every kind arising directly or indirectly
from the conduct, activities, operations, acts, and omissions of the Successor
Agency.
B. Liability. In accordance with Health and Safety Code
Section 34173(e), the liability of the Successor Agency, acting pursuant to the
powers granted under Part 1.85, shall be limited to the extent of, and payable
solely from, the total sum of property tax revenues it receives pursuant to Part
1.85 and the value of assets transferred to it as a successor agency for a
dissolved redevelopment agency. The debts, assets, liabilities, and obligations
of the Successor Agency shall be solely the debts, assets, liabilities, and
obligations of the Successor Agency and not of the City.
Section 7 Roster of Public Agencies Filing. The Secretary to the
Successor Agency shall file on the prescribed form the statement of public
agency with the Secretary of State and County Clerk in accordance with
Government Code Section 53051.
(Intentionally Left Blank)
Resolution Number 6222
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 13th day of February , 2012 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
ATTEST:
City Clerk
City Clerk
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6222 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 13th day of February , 2012.
ATTACHMENT "B"
RESOLUTION NUMBER SAl2 -01
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE SEAL BEACH
REDEVELOPMENT AGENCY CREATING A REDEVELOPMENT
OBLIGATION RETIREMENT FUND PURSUANT TO HEALTH
AND SAFETY CODE SECTION 34170.5 AND TAKING CERTAIN
ACTIONS IN CONNECTION THEREWITH
RESOLUTION NUMBER SAl2 -01
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE SEAL BEACH
REDEVELOPMENT AGENCY CREATING A REDEVELOPMENT
OBLIGATION RETIREMENT FUND PURSUANT TO HEALTH
AND SAFETY CODE SECTION 34170.5 AND TAKING CERTAIN
ACTIONS IN CONNECTION THEREWITH
RECITALS:
A. AB X1 26 and AB X1 27 were signed by the Governor of California
on June 29, 2011, making certain changes to the Community Redevelopment
Law (Part 1 (commencing with Section 33000) of Division 24 of the California
Health and Safety Code) (the "Redevelopment Law"), including adding Part 1.8
(commencing with Section 34161)( "Part 1.8 ") and Part 1.85 (commencing with
Section 34170) ( "Part 1.85 ").
B. The California Redevelopment Association and League of
California Cities filed a lawsuit in the Supreme Court of California (Califomia
Redevelopment Association, et al. v. Matosantos, et al. (Case No. S194861))
alleging that AB X1 26 and AB X1 27 are unconstitutional. On December 29,
2011, the Supreme Court issued its opinion in the Matosantos case, largely
upholding AB X1 26, invalidating AB X1 27, and holding that AB X1 26 may be
severed from AB X1 27 and enforced independently.
C. The Supreme Court generally revised the effective dates and
deadlines for performance of obligations in Part 1.85 arising before May 1, 2012,
to take effect four months later.
D. As a result of the Supreme Court's decision, the Seal Beach
Redevelopment Agency ( "Redevelopment Agency "), a redevelopment agency in
the City of Seal Beach (the "City "), created pursuant to the Redevelopment Law,
was dissolved pursuant to Part 1.85 on February 1, 2012.
E. By its Resolution No. 6211, adopted on January 9, 2012, the City
Council of the City made an election to serve as the successor agency for the
Redevelopment Agency under Part 1.85 (the "Successor Agency ").
F. By its Resolution No. 6222, adopted on February 13, 2012, the City
Council, acting as the governing board for the Successor Agency, established
rules and regulations applicable to the govemance and operation of the
Successor Agency, and pursuant to such resolution provided that the Successor
Agency will be governed by a Board of Directors (the "Board ") consisting of the
members of the City Council of the City.
G. Health and Safety Code Section 34170.5 provides that each
successor agency shall create within its treasury a Redevelopment Obligation
Retirement Fund to be administered by the successor agency.
H. Accordingly, the Board desires to adopt this Resolution creating a
Redevelopment Obligation Retirement Fund within the treasury of the Successor
Agency.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY HEREBY
FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1 The above recitals are true and correct and are a
substantive part of this Resolution.
Resolution Number SA -1201
Section 2 This Resolution is adopted pursuant to Health and Safety
Code Section 34170.5.
Section 3 The Executive Director and the Finance Officer are hereby
authorized and directed to create within the treasury of the Successor Agency a
Redevelopment Obligation Retirement Fund to be administered by the Successor
Agency.
Section 4 The Secretary is hereby authorized and directed to file a
certified copy of this Resolution with the County Auditor - Controller.
Section 5 The officers and staff of the Successor Agency are hereby
authorized and directed, jointly and severally, to do any and all things which they
may deem necessary or advisable to effectuate this Resolution, and any such
actions previously taken by such officers are hereby ratified and confirmed.
PASSED, APPROVED and ADOPTED by the Successor Agency to the Seal
Beach Redevelopment Agency at a special meeting held on the 13th day
of February , 2012 by the following vote:
AYES: Board Members
NOES: Board Members
ABSENT: Board Members
ABSTAIN: Board Members
ATTEST:
Secretary/City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, Secretary/City Clerk of the City of Seal Beach, do hereby certify
that the foregoing resolution is the original copy of Resolution Number SAl2 -01
on file in the office of the City Clerk, passed, approved, and adopted by the
Successor Agency to the Seal Beach Redevelopment Agency at a special
meeting held on the 13th day of February , 2012.
Secretary/City Clerk
Mayor /Chair
ATTACHMENT "C"
RESOLUTION NUMBER SAl2 -02
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE SEAL BEACH
REDEVELOPMENT AGENCY AUTHORIZING THE INVESTMENT
OF MONEYS IN THE LOCAL AGENCY INVESTMENT FUND OF
THE STATE OF CALIFORNIA AND TAKING CERTAIN ACTIONS
IN CONNECTION THEREWITH
RESOLUTION NUMBER SA1 2-02
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE SEAL BEACH
REDEVELOPMENT AGENCY AUTHORIZING THE INVESTMENT
OF MONEYS IN THE LOCAL AGENCY INVESTMENT FUND OF
THE STATE OF CALIFORNIA AND TAKING CERTAIN ACTIONS
IN CONNECTION THEREWITH
RECITALS:
A. AB X1 26 and AB X1 27 were signed by the Governor of California
on June 29, 2011, making certain changes to the Community Redevelopment
Law (Part 1 (commencing with Section 33000) of Division 24 of the California
Health and Safety Code) (the "Redevelopment Law "), including adding Part 1.8
(commencing with Section 34161) ( "Part 1.8 ") and Part 1.85 (commencing with
Section 34170) ( "Part 1.85 ").
B. The California Redevelopment Association and League of
California Cities filed a lawsuit in the Supreme Court of Califomia (Califomia
Redevelopment Association, et al. v. Matosantos, et al. (Case No. S194861))
alleging that AB X1 26 and AB X1 27 are unconstitutional. On December 29,
2011, the Supreme Court issued its opinion in the Matosantos case largely
upholding AB X1 26, invalidating AB X1 27, and holding that AB X1 26 may be
severed from AB X1 27 and enforced independently.
C. The Supreme Court generally revised the effective dates and
deadlines for performance of obligations in Part 1.85 arising before May 1, 2012,
to take effect four months later.
D. As a result of the Supreme Court's decision, the Seal Beach
Redevelopment Agency ( "Redevelopment Agency "), a redevelopment agency in
the City of Seal Beach (the "City "), created pursuant to the Redevelopment Law,
was dissolved pursuant to Part 1.85 on February 1, 2012.
E. By its Resolution No. 6211 adopted on January 9, 2012, the City
Council of the City made an election to serve as the successor agency to the
Redevelopment Agency under Part 1.85 (the "Successor Agency ").
F. By its Resolution No. 6222, adopted on February 13, 2012, the City
Council, acting as the governing board for the Successor Agency, established
rules and regulations applicable to the governance and operation of the
Successor Agency, and pursuant to such resolution provided that the Successor
Agency will be governed by a Board of Directors (the "Board ") consisting of the
members of the City Council of the City.
G. Pursuant to Chapter 730 of the statutes of 1976, Section 16429.1
was added to the Califomia Government Code to create the Local Agency
Investment Fund ( "LAIF ") in the State Treasury for the deposit of moneys of local
agencies for investment by the State Treasurer.
H. The Redevelopment Agency from time to time invested its money in
LAIF in accordance with the provisions of Section 16429.1 of the California
Government Code.
I. Pursuant to Part 1.85, all assets and properties of the
Redevelopment Agency are transferred to the control of the Successor Agency
as of February 1, 2012.
J. In response to a request of the State Treasurer's Office, the Board
wishes to adopt this resolution authorizing the investment of Successor Agency
Resolution Number SAl2 -02
moneys in LAIF and authorizing certain officers of the Successor Agency to order
the deposit or withdrawal of moneys in LAIF on behalf of the Successor Agency.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY HEREBY
ANDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. The above recitals are true and correct and are a
substantive part of this Resolution.
Section 2 The Board hereby finds that it is in the best interest of the
Successor Agency to deposit and withdraw moneys in LAIF from time to time in
accordance with the provisions of Section 16429.1 of the California Government
Code for the purpose of investment as stated therein.
Section 3 The deposit and withdrawal of the Successor Agency's
monies in LAIF in accordance with the provisions of Section 16429.1 of the
California Government Code from time to time for the purpose of investment as
stated therein, and verification by the State Treasurer's Office of all banking
information provided in that regard, are hereby authorized.
Section 4 Executive Director Jill R. Ingram and Interim Director of
Finance Shelly Lin of the Successor Agency, whose signature specimens are set
forth in Exhibit A to this Resolution, or their successors in such offices, are
hereby authorized to order the deposit or withdrawal of monies in LAIF on behalf
of the Successor Agency for any account of the Successor Agency (including
accounts maintained by the Redevelopment Agency which are now accounts of
the Successor Agency).
Section 5 The officers of the Successor Agency are hereby authorized
and directed, jointly and severally, to do any and all things, to execute and deliver
any additional instruments which they may deem necessary or advisable in order
to effectuate the purposes of this Resolution and any such actions previously
taken by such officers are hereby ratified and confirmed.
Section 6 The Secretary of the Successor Agency is hereby authorized
and directed to submit a certified copy of this Resolution and such forms as may
be required to the Office of the State Treasurer to effectuate the purposes of this
Resolution.
PASSED, APPROVED and ADOPTED by the Successor Agency to the Seal
Beach Redevelopment Agency at a special meeting held on the 13th day
of February , 2012 by the following vote:
AYES: Board Members
NOES: Board Members
ABSENT: Board Members
ABSTAIN: Board Members
ATTEST:
Secretary/City Clerk
Mayor /Chair
Resolution Number SAl2 -02
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, Secretary/City Clerk of the City of Seal Beach, do hereby certify
that the foregoing resolution is the original copy of Resolution Number SAl2 -02
on file in the office of the City Clerk, passed, approved, and adopted by the
Successor Agency to the Seal Beach Redevelopment Agency at a special
meeting held on the 13th day of February , 2012.
Secretary/City Clerk
Name
Jill R. Ingram
Shall y Linn
Exhibit "A"
Office Signature
Executive Director
of Successor Agency to the
Seal Beach Redevelopment
Agency
Interim Director of Finance to
the Successor Agency to the
Seal Beach Redevelopment
Agency
ATTACHMENT "D"
RESOLUTION NUMBER SAl2 -03
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE SEAL BEACH
REDEVELOPMENT AGENCY ADOPTING AN ENFORCEABLE
OBLIGATION PAYMENT SCHEDULE PURSUANT TO HEALTH
AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN
ACTIONS IN CONNECTION THEREWITH
RESOLUTION NUMBER SA1 2-03
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE SEAL BEACH
REDEVELOPMENT AGENCY ADOPTING AN ENFORCEABLE
OBLIGATION PAYMENT SCHEDULE PURSUANT TO HEALTH
AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN
ACTIONS IN CONNECTION THEREWITH
RECITALS
A. AB X1 26 and AB X1 27 were signed by the Governor of Califomia
on June 29, 2011, making certain changes to the Community Redevelopment
Law (Part 1 (commencing with Section 33000) of Division 24 of the California
Health and Safety Code) (the "Redevelopment Law "), including adding Part 1.8
(commencing with Section 34161) ( "Part 1.8 ") and Part 1.85 (commencing with
Section 34170) ( "Part 1.85 ").
B. The California Redevelopment Association and League of
California Cities filed a lawsuit in the Supreme Court of California (California
Redevelopment Association, et al. v. Matosantos, et al. (Case No. S194861))
alleging that AB X1 26 and AB X1 27 are unconstitutional. On December 29,
2011, the Supreme Court issued its opinion in the Matosantos case largely
upholding AB X1 26, invalidating AB X1 27, and holding that AB X1 26 may be
severed from AB X1 27 and enforced independently.
C. The Supreme Court generally revised the effective dates and
deadlines for performance of obligations in Part 1.85 arising before May 1, 201'2,
to take effect four months later.
D. As a result of the Supreme Court's decision, the Seal Beach
Redevelopment Agency ( "Redevelopment Agency "), a redevelopment agency in
the City of Seal Beach (the "City"), created pursuant to the Redevelopment Law,
was dissolved pursuant to Part 1.85 on February 1, 2012.
E. By its Resolution No. 6211 adopted on January 9, 2012, the City
Council of the City made an election to serve as the successor agency for the
Redevelopment Agency under Part 1.85 (the "Successor Agency ").
F. By its Resolution No. 6222, adopted on February 13, 2012, the City
Council, acting as the governing board for the Successor Agency, established
rules and regulations applicable to the govemance and operation of the
Successor Agency, and pursuant to such resolution provided that the Successor
Agency will be governed by a Board of Directors (the "Board ") consisting of the
members of the City Council of the City.
G. By its Resolution Nos. 11 -12; 11 -14; and 12 -01, the
Redevelopment Agency approved an Enforceable Obligation Payment Schedule,
as amended.
H. Health and Safety Code Section 34177(a) provides that successor
agencies are required to continue to make payments due for enforceable
obligations. Health and Safety Code Section 34177(a)(1), as modified by the
Supreme Court, provides that on and after February 1, 2012, and until a
Recognized Obligation Payment Schedule becomes operative, only payments
required pursuant to an enforceable obligation payment schedule shall be made.
The enforceable obligation schedule may be amended by the successor agency
at any public meeting and shall be subject to the approval of the oversight board
as soon as the board has sufficient members to form a quorum.
Resolution Number SAl2 -03
I. Accordingly, the Board desires to adopt this Resolution adopting an
enforceable obligation schedule.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY HEREBY
FINDS, DETERMINES, RESOLVES, AND ORDERS 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 34177.
Section 3. The Board hereby adopts the enforceable obligation payment
schedule attached as Exhibit "A" to this Resolution and incorporated herein by
reference (the "Enforceable Obligation Payment Schedule ").
Section 4. The Secretary is hereby authorized and directed to post the
Enforceable Obligation Payment Schedule on the City's web site.
Section 5. The Enforceable Obligation Payment Schedule may be amended
from time to time at any public meeting of the Board.
Section 6. The Secretary is hereby authorized and directed to transmit a copy
of the Enforceable Obligation Payment Schedule by mail or electronic means to
the County Auditor - Controller, the State Controller, and the California
Department of Finance (the "Department of Finance "). A notification providing
the Internet Web site location shall suffice.
Section 7. The officers and staff of the Successor Agency are hereby
authorized and directed, jointly and severally, to do any and all things which they
may deem necessary or advisable to effectuate this Resolution, including
providing documents associated with the Enforceable Obligation Payment
Schedule to the Department of Finance and the State Controller in the manner of
their choosing, and any such actions previously taken by such officers are hereby
ratified and confirmed. The Board hereby designates the Director of
Development Services as the official to whom the Department of Finance may
make requests for review in connection with the Enforceable Obligation Payment
Schedule.
PASSED, APPROVED and ADOPTED by the Successor Agency to the Seal
Beach Redevelopment Agency at a special meeting held on the 13th day
of February , 2012 by the following vote:
AYES: Board Members
NOES: Board Members
ABSENT: Board Members
ABSTAIN: Board Members
ATTEST:
Secretary/City Clerk
Mayor /Chair
Resolution Number SAl2 -03
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, Secretary/City Clerk of the City of Seal Beach, do hereby certify
that the foregoing resolution is the original copy of Resolution Number SAl2 -03
on file in the office of the City Clerk, passed, approved, and adopted by the
Successor Agency to the Seal Beach Redevelopment Agency at a special
meeting held on the 13th day of February , 2012.
Secretary/City Clerk
Name of
Redevelopment
Agency:
Project Area(s)
Redevelopment Agency of the City of Seal Beach
Resolution No. SAl2 -03 - EXHIBIT "A"
Enforceable Obligation Payment Schedule
(Amended February 13, 2012)
Per AB 26 - Section 34167 and 94169
Riverfront Project Area
Project Name / Debt
Obligation
Payee
Description
Source of
Payment
Total
Outstanding
Debt or
Obligation
Total Due During
Fiscal Year
Jan 2012
Feb 2012
Mar 2012
April 2012
May 2012
June 2012
FY 2012 -13
July 2012
Total
1)
2000 Tax Allocation
Bond A
Bank of New York
Bond Issue
Tax Increment
6,708,619.00
663,315.00
121,942.50
$ 121,942.50
2)
2000 Tax Allocation
Bond B
Bank of New York
Bond issue
Tax Increment
486,763.00
61,150.00
10,062.50
$ 10,062.50
3)
Contract for legal
services
Richards Watson
Gershon
Legal counsel
Tax Increment
125,000 00
10,400.00
10,400.00
10,400 00
10,400.00
10,400.00
10,400.00
10,400.00
$ 72,800.00
$ 50,000.00
4)
Contract for consulting
services
Civic Stone
CDBG and mobilehome park
construction
Tax Increment
105,000.00
12,50000
12,500.00
12,500.00
12,500.00
5)
Contract for consulting
services
Rosenow Spevacek
Group
Bond and mobilehome park
monitoring
Tax Increment
6,500.00
600.00
' 600 00
600 00
600 00
$ 2,400.00
6)
Low Mod / Rental
Assistance
Seal Beach Shores
Rental Assistance Agreement
Tax Increment
180,000.00
180,000.00
$ 180,000.00
$ 10,870 00
7)
Affordable Housing
Fund (LMI)
LMI Fund
The Agency deposits 20% of tax
Increment
Tax Increment
446,800.00
10,870.00
8)
Statutory Pass -
Through
Tax Entities
SB 211 requires agencies to
pass -tax increment to taxing
Tax Increment
149,787.00
149,787 00
$ 149,787.00
9)
Legal challenge to AB
28 & 27
California
Redevelopment Agency
Dues/pro-rated legal costs
Tax Increment
800 00
400.00
400.00
$ 800.00
10)
Marina Park Grant
Application
Carrier Johnson
Park design for Prop 84 grant
application
Tax Increment
33,700 00
8,000 00
$ 8,000.00
11)
Seal Beach Shores
Trailer Park
Veridian Construction
Improvements to individual
mobilehome
Tax Increment
45,000.00
5,000.00
5,000.00
5,000.00
$ 15,000.00
12)
Seal Beach Shores
Trailer Park
Eric Wilkerson & Co.
Improvements to Individual
mobilehome
Tax Increment
33,000.00
4,700.00
4,700.00
4,700.00
4,700.00
4,700.00
4,700.00
4,700.00
$ 32,900 00
13)
Seal Beach Shores
Trailer Park
Kilter Termite
Improvements to individual
mobilehome
Tax Increment
1,400.00
1,400.00
$ 1,400.00
$ 448,931.78
14)
Sewer Easement
Payment
City of Seal Beach
Acquisition of sewer easement
Tax Increment
1,348,795.33
0.00
448,931.78
15)
Contract for consulting
services
Donald Parker
Financial advisor services
Tax Increment
4,900.00
1,250.00
1,250 00
$ 2,500.00
16)
Contract for consulting
services
Urban Futures
Financial advisor services
Tax Increment
1,000.00
1,000.00
$ 1,000.00
17)
Zoeter Field
City National Bank
Capital Improvement lease
payment
Tax Increment
59,154.00
29,000 00
11,600 00
5,900 00
5,900.00
$ 23,400 00
18)
First Street Parkland
Bay City Partners, LLC
Acquisition of public parkland
Tax Increment
1,100,000.00
0.00
$ -
19)
Storm Drain
Improvements
Contractors
10 Year Storm Drain
Improvements in Project Area
Tax Increment
1,800,000.00
1,800,000.00
$ 1 800 000.00
21)
2000 Tax Allocation
Bond A
Bank of New York
Trustee administration costs
Tax Increment
1,823.20
1,823.20
$ 1 823.20
22)
2000 Tax Allocation
Bond B
Bank of New York
Trustee administration costs
Tax Increment
1,823 20
1,823.20
$ 1,823.20
23)
Promissory Note
Linc Community
Development Corp.
Seal Beach Shores loan
forgiveness
Tax Increment
29,700.00
29,700 00
$ 29,700.00
24)
Seal Beach Shores
Trailer Park
Kill -N -Bugs
Improvements to individual
mobllehome
Tax Increment
2,200.00
2,200 00
$ 2,200.00
23)
Board Members
meeting
RDA Officers
Administrative costs
Tax Increment
2,400.00
400.00
$ 400.00
24)
2000 Tex Allocaton
Bond A
Wlldan Financial
Services
Bond fiscal services
Tax Increment
2,000.00
2,000.00
$ 2,000.00
25)
2000 Tax Allocation
Bond B
Wildan Financial
Services
Bond fiscal services
Tax Increment
2,000.00
2,000 00
$ 2,000 00
26)
Contract for audit
services
Lance Soil & Lunghard
Annual audit
Tax Increment
600.00
600 00
$ 600.00
27)
Agency staff
RDA staff
Administrative costs
Tax Increment
120,300 00
23,700 00
23,700 00
24,300 00
24,300.00
24,300.00
$ 120,300.00
Grand Total
######4141441#
$ 3,849,198.40
$ 433,453.40
$58,150 00
$180,842 50
$ 70,462 50
$ 39,800 00
$ 1,840,000.00
$ 489,931 78
$ 3,092,640 18