HomeMy WebLinkAbout12-055 - Resolutions - (S.A.) RESOLUTION NO. 12-055
A RESOLUTION OF THE BOARD OF DIRECTOR OF THE
SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA
REDEVELOPMENT AGENCY 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 RANCHO CUCAMONGA
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 Rancho Cucamonga
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
Finance Director 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 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.
Section 3. The officers and staff of the City area 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.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 12-055 - Page 2 of 6
PASSED, APPROVED, AND ADOPTED this 4t day of April 2012.
AYES: Alexander, Buquet, Spagnolo, Williams
NOES: None
ABSENT: Michael
ABSTAINED: None
r7
Sam Spagnolo, M or Pr em
ATTEST:
J(, ) k L�� , Lt�
Janice C. Reynol s, Cit Jerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting
of said City Council held on the 4" day of April 2012.
Executed this 5t" day of April 2012, at Rancho Cucamonga, California.
Jarkce C. Reynolds, City Ckle'rlk
Resolution No. 12-055 - Page 3 of 6
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 Rancho Cucamonga
(the "City") and the Successor Agency to the Rancho Cucamonga 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 Rancho Cucamonga 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 Finance_Director serves as Finance Officer of the Successor
Agency, and the City Clerk serves as Secretary to the Successor Agency.
Planning, finance, engineering, public works, administrative services 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
Resolution No. 12-055 - Page 4 of 6
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 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, which
performed services 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.
Resolution No. 12-055 - Page 5 of 6
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.
SUCCESSOR AGENCY TO THE RANCHO
CUCAMONGA REDEVELOPMENT AGENCY
By
Chair
ATTEST:
Secretary
CITY OF
By
Mayor
ATTEST:
City Clerk
APPROVED:
Date
Resolution No. 12-055 - Page 6 of 6