HomeMy WebLinkAboutCC Res 6240 2012-04-09 RESOLUTION NUMBER 6240
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
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
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").
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL 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. The City Council hereby approves the Cooperative Agreement for
Advance and Reimbursement of Administrative, Overhead and other Expenses
by and between the City and the Successor Agency attached hereto as Exhibit A
and incorporated herein by reference (the "Agreement") and the Mayor is hereby
authorized and directed to execute the Agreement.
Resolution Number 6240
Section 3. The officers and staff of the City 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 Seal Beach City Council at a
regular meeting held on the 9th day of April , 2012 by the following vote:
AYES: Council Members . , !/.%1. fleA„% AA�_�� _4i71/"
NOES: Council Members now
ABSENT: Council Members ,�-
ABSTAIN: Council Members
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s Mayor
ATTEST: #%71%,%;,
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Ci Clerk
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 6240 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 9th day of April , 2012.
/Ai 44.L! _. •
Cit Clerk
Resolution Number 6240
Exhibit "A"
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 6240
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 6240
CITY OF SEAL BEACH
By
Mayor
ATTEST:
City Clerk
SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY
By
Chair
ATTEST:
Secretary
APPROVED AS TO FORM:
City Attorney Date
Agency Counsel Date
APPROVED:
Date
Oversight Board to the Successor Agency
to the Seal Beach Redevelopment Agency