HomeMy WebLinkAboutSS AG PKT 2012-04-09 #3 SUCCESSOR AGENCY TO THE
SEAL BEACH REDEVELOPMENT AGENCY
AGENDA STAFF REPORT
DATE: April 9, 2012
TO: Honorable Chair and Board Members
THRU: Jill R. Ingram, Executive Director
FROM: Shally Lin, Interim Director of Finance
SUBJECT: APPROVE PROPOSED ADMINISTRATIVE BUDGETS
AND APPROVE THE EXECUTION OF A
COOPERATIVE AGREEMENT BETWEEN THE
SUCCESSOR AGENCY AND THE CITY FOR THE
ADVANCE AND REIMBURSEMENT OF
ADMINISTRATIVE COSTS, OVERHEAD AND OTHER
EXPENSES AND TAKING CERTAIN OTHER ACTIONS
SUMMARY OF REQUEST:
Staff recommends that the Successor Agency adopt Resolution No. SA12-10
approving the .proposed administrative budgets for the six month periods of
January 2012 — June 2012 and July 2012 — December 2012 and execution of the
Cooperative Agreement between the City and the Successor Agency.
BACKGROUND AND ANALYSIS:
Upon dissolution of the Seal Beach Redevelopment Agency on February 1, 2012
pursuant to AB X1 26, the Successor Agency to the Seal Beach Redevelopment
Agency was constituted and is governed by a board of directors consisting of the
members of the City Council.
Pursuant to AB X1 26, the Successor Agency is required to undertake a number
of actions, including winding down the affairs of the former Redevelopment
Agency. For example, the Oversight Board for the Successor Agency may direct
the staff of the Successor Agency to perform work in furtherance of the Oversight
Board's duties and responsibilities under AB X1 26 and the Successor Agency
must pay for all of the costs of meetings of the Oversight Board. In addition, the
Successor Agency will have a number of ongoing responsibilities, such as paying
debt service on enforceable obligations of the former Redevelopment Agency
Agenda Item 3
and preparing an administrative budget and Recognized Obligation Payment
Schedule (ROPS) for each six-month fiscal period.
Each proposed administrative budget must include a proposal for arrangements
for administrative and operations services provided by the City or another entity.
The attached Cooperative Agreement for Advance and Reimbursement of
Administrative, Overhead and Other Expenses by and between the City and the
Successor Agency provides for the Successor Agency to use the City's staff,
facilities, and other resources for the administration and operations of the
Successor Agency. Pursuant to the Agreement, the City will advance these
costs to the Successor Agency and the Successor Agency will reimburse the City
for such advances. The Agreement must be approved by the Oversight Board
for the Successor Agency. The attached Resolution approves execution of the
Agreement by the City.
FINANCIAL IMPACT:
AB X1 26 provides for the Successor Agency to receive an annual Administrative
Cost Allowance of not less than $250,000. The Administrative Cost Allowance
will exclude any administrative costs that can be paid from bond proceeds or
from sources other than property tax. The Administrative Cost Allowance is
subject to reduction if there are insufficient funds to pay the former
Redevelopment Agency's enforceable obligations.
ENVIRONMENTAL IMPACT:
There will be no new environmental impact associated with adoption of the
attached Resolution, the budgets or the cooperative agreement.
LEGAL ANALYSIS:
General Counsel has reviewed and approved as to form.
RECOMMENDATION:
Staff recommends that the Successor Agency adopt Resolution No. SA12-10
approving the proposed administrative budgets for the six month periods of
January 2012 — June 2012 and July 2012 — December 2012 and execution of the
Cooperative Agreement between the City and the Successor Agency.
SUBMITTED BY: NOTED A,r APPROVED:
J
Shally ' Jil R Ingram, Execu ,r Director
Interim Director of Finance
Prepared by: Alayna Hoang, Senior Accountant
Page 2
RESOLUTION NUMBER SA12-10
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE SEAL
BEACH REDEVELOPMENT AGENCY APPROVING PROPOSED
ADMINISTRATIVE BUDGETS PURSUANT TO HEALTH AND
SAFETY CODE SECTION 34177; APPROVING THE EXECUTION
OF A COOPERATIVE AGREEMENT FOR ADVANCE AND
REIMBURSEMENT OF ADMINISTRATIVE, OVERHEAD AND
OTHER EXPENSES BY AND BETWEEN THE CITY AND THE
SUCCESSOR AGENCY TO THE SEAL BEACH
REDEVELOPMENT AGENCY;AND TAKING CERTAIN ACTIONS
IN CONNECTION THEREWITH
RECITALS:
A. Pursuant to Part 1.85 of the Community Redevelopment Law
(commencing with Health and Safety Code Section 34170), the Successor
Agency to the Seal Beach Redevelopment Agency ("Successor Agency") is
required to undertake a number of actions, including winding down the affairs of
the former Redevelopment Agency pursuant to Health and Safety Code Section
34177(h).
B. In connection with the administration and operations of the
Successor Agency, the Successor Agency is and will be utilizing the staff,
facilities, and other resources of the City. The City Manager of the City serves as
Executive Director of the Successor Agency, the Director of Finance serves as
Finance Officer of the Successor Agency, and the City Clerk serves as Secretary
to the Successor Agency. Planning, finance, engineering, public works, and
other City departments devote and are expected to devote substantial time with
respect to the administration and operations of the Successor Agency, including
gathering information relating to the former Redevelopment Agency's
enforceable obligations, conferring with public officials representing
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governmental agencies, and undertaking other activities in connection with
administration and operations of the Successor Agency.
C. By providing and making available to the Successor Agency the
staff, facilities, services, and other resources of the City, including, without
limitation, consultants, legal counsel, office space, equipment, supplies, and
insurance, necessary to the administration and operations of the Successor
Agency, the City has advanced and will continue to advance the cost of the
foregoing to the Successor Agency. The City and the Successor Agency desire
to enter into an agreement to provide for an appropriate method of
reimbursement of such advances by the Successor Agency to the City.
D. Pursuant to Health and Safety Code Section 34171(d)(1)(F),
contracts or agreements necessary for the administration or operation of the
Successor Agency are enforceable obligations and pursuant to Health and
Safety Code Sections 34178(a) and 34180(h), the Successor Agency may enter
into agreements with the City with the approval of the oversight board for the
Successor Agency(the"Oversight Board").
E. Pursuant to Health and Safety Code Section 34177(j), the
Successor Agency is required to prepare a proposed administrative budget for
each six month fiscal period and submit each proposed administrative budget to
the Oversight Board for its approval. Each proposed administrative budget shall
include all of the following: (1) Estimated amounts for Successor Agency
administrative costs for the applicable six-month fiscal period; (2) Proposed
sources of payment for the costs indentified in (1); and (3) Proposals for
arrangements for administrative and operations services provided by the City or
another entity.
Resolution Number SA12-10
F. Pursuant to Health and Safety Code Section 34177(k), the
Successor Agency is required to provide administrative cost estimates, from its
approved administrative budget that are to be paid from property tax revenues
deposited in the Redevelopment Property Tax Trust Fund, to the County Auditor-
Controller for each applicable six-month fiscal period.
NOW, THEREFORE, THE BOARD 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 the provisions of Part 1.85.
Section 3. The Board hereby approves the proposed administrative budget for
the six-month fiscal period commencing January 1, 2012 and ending June 30,
2012 attached hereto as Exhibit A and incorporated herein by reference and the
proposed administrative budget for the six-month fiscal period commencing July
1, 2012 and ending December 31, 2012 attached hereto as Exhibit B and
incorporated herein by reference.
Section 4. The Board hereby approves the Cooperative Agreement for
Advance and Reimbursement of Administrative, Overhead and other Expenses
by and between the Successor Agency and the City attached hereto as Exhibit C
and incorporated herein by reference (the "Agreement") and the Chair and
Executive Director are hereby authorized and directed, acting singly, to execute
the Agreement.
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
deem necessary or advisable to effectuate this Resolution, and any such actions
previously taken by such officers and staff are hereby ratified and confirmed.
PASSED, APPROVED and ADOPTED by the Successor Agency to the Seal
Beach Redevelopment Agency at a regular meeting held on the 9th day of
April , 2012 by the following vote:
AYES: Board Members
NOES: Board Members
ABSENT: Board Members
ABSTAIN: Board Members
Chair/Mayor
ATTEST:
Secretary/City Clerk
Resolution Number SA12-10
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, Secretary of the Successor Agency to the Seal Beach
Redevelopment Agency, do hereby certify that the foregoing resolution is the
original copy of Resolution Number SA 12-10 on file in the office of the Seal
Beach City Clerk, passed, approved, and adopted by the Successor Agency to
the Seal Beach Redevelopment Agency at a regular meeting held on the 9th
day of April ,2012.
Secretary/City Clerk
Exhibit A
SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY
ADMINISTRATIVE BUDGET
Fiscal Period January 1 -June 30, 2012
PROPOSED
ADMINISTRATIVE FUNDING
DESCRIPTION BUDGET SOURCE
Staffing for the Successor A gencv
City Manager 21,330 Administrative Allowance
Assistant City Manager 11,867 Administrative Allowance
City Clerk 2,020 Administrative Allowance
Senior Accountant 10,236 Administrative Allowance
Finance Director 8,420 Administrative Allowance
Community Development Director 8,420 Administrative Allowance
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Staffing for the Oversight Board
Assistant City Manager 8,307 Administrative Allowance
City Clerk 1,346 Administrative Allowance
Finance Director 5,894 Administrative Allowance
Community Development Director 4,210 Administrative Allowance
Consultant
Annual audit 4,600 Administrative Allowance
Financial Advisor Services 2,500 Administrative Allowance
Fiscal services 4,500 Administrative Allowance
Overhead Cost
Services/Facilities 43,185 Administrative Allowance
TOTAL PROPOSED ADMINISTRATIVE EXPENSE BUDGET 136,833
PLEASE NOTE: The above items include amounts to be reimbursed by the Successor Agency to the Seal Beach Redevelopment Agency,pursuant
to a Cooperative Agreement for Advance and Reimbursement of Administrative,Overhead and other Expenses,by and between the City and the
Successor Agency,in the form approved by the Successor Agency Board pursuant to Resolution No.SA12-10,on Aoril 9,2012.
Exhibit B
SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY
ADMINISTRATIVE BUDGET
Fiscal Period July 1 -December 31, 2012
PROPOSED
ADMINISTRATIVE FUNDING
DESCRIPTION BUDGET SOURCE
Staffing for the Successor Agency
City Manager 15% 25,596 Administrative Allowance
Assistant City Manager 10% 14,240 Administrative Allowance
City Clerk 3% 2,424 Administrative Allowance
Senior Accountant 15% 12,283 Administrative Allowance
Finance Director 10% 10,104 Administrative Allowance
Community Development Director 10% 10,104 Administrative Allowance
Staffing for the Oversight Board
Assistant City Manager 7% 9,968 Administrative Allowance
City Clerk 2% 1,616 Administrative Allowance
Finance Director 7% 7,073 Administrative Allowance
Community Development Director 5% 5,052 Administrative Allowance
Consultant
Annual audit 4,600 Administrative Allowance
Financial Advisor Services 2,600 Administrative Allowance
Fiscal services 5,000 Administrative Allowance
Overhead Cost
Services/Facilities 43,185 Administrative Allowance
TOTAL PROPOSED ADMINISTRATIVE EXPENSE BUDGET 153,843
PLEASE NOTE: The above items include amounts to be reimbursed by the Successor Agency to the Seal Beach Redevelopment Agency,
pursuant to a Cooperative Agreement for Advance and Reimbursement of Administrative,Overhead and other Expenses,by and between
the City and the Successor Agency,in the form approved by the Successor Agency Board pursuant to Resolution No.SA12-10,on April 9,
Resolution Number SA12-10
Exhibit "C"
COOPERATIVE AGREEMENT FOR ADVANCE AND REIMBURSEMENT OF
ADMINISTRATIVE, OVERHEAD AND OTHER EXPENSES
This COOPERATIVE AGREEMENT FOR ADVANCE AND
REIMBURSEMENT OF ADMINISTRATIVE, OVERHEAD AND OTHER
EXPENSES (this "Agreement") is entered into as of February 1, 2012, by and
between the City of Seal Beach (the "City") and the Successor Agency to the
Seal Beach Redevelopment Agency(the"Successor Agency").
RECITALS:
A. The Successor Agency is required to undertake a number of actions
pursuant to Part 1.85 of the Community Redevelopment Law
(commencing with Health and Safety Code Section 34170) ("Part 1.85"),
including winding down the affairs of the former Seal
Beach Redevelopment Agency ("Agency") pursuant to Health and Safety
Code Section 34177(h).
B. Pursuant to Health and Safety Code Section 34171(d)(1)(F), contracts or
agreements necessary for the administration or operation of the
Successor Agency are enforceable obligations.
C. Pursuant to Health and Safety Code Sections 34178(a)and 34180(h),with
the approval of the oversight board, the Successor Agency may enter into
agreements with the City.
D. In connection with the administration and operations of the Successor
Agency, the Successor Agency is and will be utilizing the staff, facilities,
and other resources of the City.
E. The City Manager of the City serves as Executive Director of the
Successor Agency, the Director of Finance serves as Finance Officer of
the Successor Agency, and the City Clerk serves as Secretary to the
Successor Agency. Planning, finance, engineering, public works, and
other city departments devote and are expected to devote substantial time
with respect to the administration and operations of the Successor
Agency, including gathering information relating to the Agency's
enforceable obligations, conferring with public officials representing
governmental agencies, and undertaking other activities in connection with
winding down the affairs of the Agency.
F. By providing and making available to the Successor Agency the staff,
•
facilities, services, and other resources of the City, including, without
limitation, consultants, legal counsel, office space, equipment, supplies,
and insurance, necessary to the administration and operations of the
Successor Agency, the City has advanced and will continue to advance
the cost of the foregoing to the Successor Agency.
G. The City and the Successor Agency desire to enter into this Agreement to
acknowledge the foregoing recitals and to provide for an appropriate
method of reimbursement of such advances by the Successor Agency to
the City.
NOW,THEREFORE,THE PARTIES DO HEREBY AGREE AS FOLLOWS:
Section 1. The City shall make available to the Successor
Agency its staff, facilities, services, and other resources, including, without
limitation, consultants, legal counsel, office space, equipment, supplies, and
Resolution Number SA12-10
insurance, necessary to the administration and operations of the Successor
Agency. The Successor Agency shall have access to the foregoing staff,
facilities, services, and other resources of the City.
Section 2. The value of the City staff, including all employee
retirement and other benefits, facilities; services, and other resources of the City,
including, without limitation, office space, equipment, supplies, and insurance,
necessary to the administration and operations of the Successor Agency made,
and to be made, available to the Successor Agency for each six-month fiscal
period beginning with the fiscal period commencing on January 1, 2012 and
ending on June 30, 2012, determined in accordance with Section 3 hereof, shall
constitute an advance to the Successor Agency by the City for each six-month
fiscal period,to be repaid in accordance with Section 4 of this Agreement.
Section 3. Following the end of each six-month fiscal period,
beginning with the fiscal period commencing on January 1, 2012 and ending on
June 30, 2012, the City Manager shall prepare and present to the Successor
Agency an invoice for(i) the value of City staff, including all employee retirement
and other benefits, based on time records prepared by City staff, which shall
describe the time devoted exclusively to matters directly related to the
administration and operations of the Successor Agency; (ii) the value of
consultants and legal counsel based on invoices for services devoted exclusively
to matters directly related to the administration and operations of the Successor
Agency; (iii)the fair rental value of office space and equipment made available to
the Successor Agency; and (iv) the value of supplies, insurance and other
services and facilities provided by the City to the Successor Agency.
Section 4. Within a reasonable time after the City submits an
invoice to the Successor Agency pursuant to Section 3, the Successor Agency
shall pay to the City the amount of the invoice from available funds of the
Successor Agency. In the event that insufficient funds are available to the
Successor Agency, any unpaid amounts shall be carried over to the next six-
month fiscal period.
Section 5. The parties hereto agree to take all appropriate steps
and execute any documents which may reasonably be necessary or convenient
to implement the intent of this Agreement.
Section 6. Each party shall maintain books and records
regarding its duties pursuant to this Agreement. Such books and records shall
be available for inspection by the officers and agents of the other party at all
reasonable times.
Section 7. This Agreement is made in the State of California
under the Constitution and laws of the State of California, and is to be so
construed.
Section 8. This Agreement will be become effective upon
approval of the Oversight Board to the Successor Agency.
Section 9. This Agreement may be amended at any time, and
from time to time, by an agreement executed by both parties to this Agreement
and approved by the Oversight Board to the Successor Agency.
(Intentionally Left Blank)
Resolution Number SA12-10
SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY
By
Chair
ATTEST:
Secretary
CITY OF SEAL BEACH
By
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
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Agency Counsel Date
City Attorney Date
APPROVED:
Date
Oversight Board to the Successor Agency
to the Seal Beach Redevelopment Agency