City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the Board of Directors of the Successor Agency to the Culver City
Redevelopment Agency adopt a resolution establishing rules and regulations for the
Successor Agency as a new legal entity separate from the City and taking certain
actions in connection therewith.
BACKGROUND:
Pursuant to AB 1X 26 (AB 26), the Redevelopment Agency Dissolution Bill, the
Culver City Redevelopment Agency (CCRA) was dissolved effective at 12:01 AM on
February 1, 2012. As provided in AB 26, on January 9, 2012, the City Council
adopted Resolution No. 2012-R001 affirmatively electing to have the City serve as
the Successor Agency to the Culver City Redevelopment Agency (“Successor
Agency”).
DISCUSSION:
In consultation with the City Attorney’s Office and the law firm of Kane, Ballmer, and
Berkman (the City’s Special Counsel), staff recommends the Successor Agency be
operated as a distinct and separate legal entity. The attached proposed resolution
Meeting Date: 02/06/12 Item Number: C-1
BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE CULVER CITY
REDEVELOPMENT AGENCY AGENDA ITEM: Adoption of a Resolution
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.
Contact Person/Dept.:
Martin R. Cole, Assistant City
Manager/City Clerk
Phone Number:
(310)253-6000
Fiscal Impact: Yes [] No [x] General Fund: Yes [] No [x]
Public Hearing: [] Action Item: [] Attachments: [x]
Public Notification: Meetings and Agendas – City Council/SA (02/03/12)
Department Approval:
Martin R. Cole (02/03/12)
City Attorney Approval:
Carol Schwab (by H. Baker) (02/03/12)
Chief Financial Officer Approval:
Jeff S. Muir (02/03/02)
City Manager Approval:
John M. Nachbar (02/03/12) City of Culver City, California
Agenda Item Report
provides for the basic set-up of the Successor Agency including, among other
things, the formal creation of its Board of Directors, naming the Mayor as the Chair
of the Board, and designating the City Manager as the Executive Director of the
Successor Agency.
Should the Board of Directors adopt the proposed resolution, in the coming weeks,
staff will present additional items to the Board for consideration as the Successor
Agency performs its duties pursuant to AB 26.
FISCAL ANALYSIS:
The item presented to the Board of Directors of the Successor Agency does not
create a fiscal impact.
ATTACHMENTS:
1. Proposed Resolution
MOTION:
That the Board of Directors of the Successor Agency to the Culver City
Redevelopment Agency:
Adopt a resolution establishing rules and regulations for the Successor Agency to
the Culver City Redevelopment Agency as a new legal entity separate from the
City and taking certain actions in connection therewith.
MEETING DATE: 02/06112
AGENDA ITEM: Adoption of a Resolution 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.
ATTACHMENTS
Pages
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RESOLUTION NO. 2012-SA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE CULVER CITY 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_
. REC ITALS:
' WHEREAS, the Culver City Redevelopment Agency (CCRA) was a
redevelopment agency in the City of Culver City (the "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"); and,
WHEREAS, 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 Heafth and Safety Code ("Health and Safety Code");
and,
WHEREAS, 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, at al., Case No. 8194861) alleging that AB X1 26 and AB
X1 27 were unconstitutional; and,
WHEREAS, 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; and,
WHEREAS, 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; and,
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WHEREAS, 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; and,
WHEREAS, the City Council of the City of Culver City adopted Resolution No
2012-R001 on January 9, 2012, pursuant to Part 1.35 electing for the City to serve as thr•
successor agency to the CCRA upon the CCRA's dissolution (the 'Successor Agency"); and,
WHEREAS, the Board of Directors of the Successor Agency, hereby desires to
adopt a name for the Successor Agency as a separate legal entity and establish rules and
regulations that will apply to the governance and operations of the Successor Agency.
NOW, THEREFORE, the Board of Directors of the Successor Agency, DOES
HEREBY FIND, DETERMINE, RESOLVE, AND ORDER as follows:
SECTION 1. Designated Successor Agency. Pursuant to City Council
Resolution No. 2012-R001, by which the City elected to serve as the Successor Agency to the
CCRA under Part 1.85 upon the CCRA's dissolution, and the CCR.A 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 Culver
City 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 o
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
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of the Chair and Vice Chair shall be filled by the Mayor and Vice Mayor, respectively, of the
City Council of the City_
C. Term of Office and Succession. The term of office and succession
of each Board Member of the Successor Agency shall be concurrent with and identical to the
term and succession of such Board Member's City Council seat.
D. Meetings of the Board. The Board shall hold regular meetings on
the Second and Fourth Mondays of each month at 7:00 PM. If a regular meeting falls on a
City holiday, such meeting shall be held on the immediately following day at 7:00 p.m_ 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.
E. 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.
F. Voting. Except as otherwise provided by applicable law or
resolution of the Board, decisions of the Board shall be made by a majority of a quorum.
G. 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.
H. Secretary. The City Clerk of the City shall serve as Secretary of
the Successor Agency.
I. Successor Agency Counsel. The City Attorney of the City shall
serve as Successor Agency Counsel.
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J. Finance Officer. The Chief Financial Officer/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 o
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 of funds maintained in such accounts upon
request by telephone.
K. 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. The Chair of the Board and the Chief Financial
Officer/City Treasurer may sign all orders and checks for the payment of money. The Chair,
or Vice Chair in the absence of the Chair, and the Executive Director, or any other person a
persons designated by formal action of the Board, may sign deeds, contracts and othe
instruments made. by the Successor Agency.
L. Rules of Procedure. The Successor Agency hereby adopts by
reference the rules of procedure set forth in Section 3.01.130 of the Culver City Municipal
Code, as that Section may be amended from time to time, as the rules of procedure applying
to the Successor Agency.
M. Personnel Rules. The Successor Agency hereby adopts by
reference the personnel system in place for City of Culver City employees, as those personnel
systems may be amended from time to time, as the personnel rules and regulations applying
to all employees providing staff services to the Successor Agency.
N. Conflict of Interest.
1, A Board Member or employee of the Successor Agency
shall not acquire any direct or indirect interest in any project involving Successor Agency
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action, including, but not limited to, any former Culver City Redevelopment Agency project
(Successor Agency Project") or in any property included or planned to be included in any
Successor Agency Project, nor shall he or she have any direct or indirect interest in any
contract or proposed contract for materials or services to be furnished or used in connection
with any Successor Agency Project. If he or she owns or controls a direct or indirect interest in
any such property, he or she shall immediately make a written disclosure of it to the
Successor Agency and the disclosure shall be entered upon its minutes.
2. The Successor Agency hereby adopts by reference the
Conflict of Interest Code adopted by City Council Resolution No. 2006-R042, to the exten
that such Code does not conflict with other applicable law.
0. No Board Member shall be regulaily employed by the Successor
Agency during his or her tenure in office. The Board Members shall receive such per diem
compensation as the Successor Agency shall determine but a Board Member may not receive
per diem payment for attendance at more than four meetings per month of the Suocesso
Agency, which shall not exceed fifty dollars ($50) per day, and shall receive necessary
traveling and subsistence expenses incurred in the discharge of his or her duties
SECTION 4. Powers and Duties of the Successor Agency. The Success°
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 b
enforceable obligations and expeditiously winding down the affairs of the former CCRA. 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.
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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.
13. 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 of the Success°
Agency shall file on the prescribed form the statement of public agency with the Secretary o
State and County Clerk in accordance with Government Code Section 53051 :
SECTION 8. Effective Date. This Resolution shall take effect immediately upon
its adoption.
APPROVED AND ADOPTED, this day of ,2012.
MICHEAL Co' LEARY, CHAIR
Successor Agency to the Culver City
Redevelopment Agency
ATTEST:
MARTIN R. COLE, Secretary
Al2-00122