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Home My WebLink About SA_FULL_PACKET 2012-11-19MINUTES OF THE SPECIAL MEETING OF THE SUCCESSOR AGENCY OF THE CITY OF SANTA ANA, CALIFORNIA OCTOBER 1, 2012 CALL TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 11:06 P.M. ATTENDANCE MEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO MEMBERS Absent: None STAFF Present: PAUL M. WALTERS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS None CONSENT CALENDAR ITEMS MOTION: Approve staff recommendation on the following Consent Calendar item: 1. 1. REGULAR MEETING MINUTES OF AUGUST 20, 2012 MOTION: Approve Minutes. MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) SUCCESSOR AGENCY MINUTES 1 OCTOBER 1, 2012 1-1 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS 2. DUE DILIGENCE REVIEW FOR THE LOW AND MODERATE INCOME HOUSING FUND MOTION: Receive and file. MOTION: Benavides SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 3. CERTIFIED RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) 3 AND ADMINISTRATIVE BUDGET MOTION: Receive and file. MOTION: Benavides SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) SUCCESSOR AGENCY MINUTES 2 OCTOBER 1, 2012 1-2 4 RESOLUTION ADOPTING A CONFLICT OF INTEREST CODE MOTION: Adopt a resolution. SA RESOLUTION NO. 2012-08 - A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA ADOPTING A CONFLICT OF INTEREST CODE FOR THE SUCCESSOR AGENCY AND DIRECTING STAFF TO SUBMIT IT TO THE CITY COUNCIL OF THE CITY OF SANTA ANA AS THE CODE REVIEWING BODY PURSUANT TO THE CALIFORNIA POLITICAL REFORM ACT MOTION: Benavides SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 5 TAX EXEMPT BOND IRS COMPLIANCE - With BLX Group, LLC in an amount not to exceed $7,000 MOTION: Authorize the City Manager and Clerk of the Council, acting as the Successor Agency, to execute the attached agreement to provide arbitrage tax allocation bond rebate analyses services for tax allocation bonds, subject to non-substantive changes approved by the City Manager and City Attorney. MOTION: Benavides SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COMMENTS SUCCESSOR AGENCY MINUTES 1-3 3 OCTOBER 1, 2012 6. CITY COUNCIL ACTING AS SUCCESSOR AGENCY COMMENTS - None ADJOURNMENT - 11:06 p.m. Maria D. Huizar, Recording Secretary SUCCESSOR AGENCY MINUTES 4 OCTOBER 1, 2012 1-4 REQUEST FOR w" SUCCESSOR AGENCY i ACTION MEETING DATE: CLERK OF THE COUNCIL USE ONLY: NOVEMBER 19, 2012 APPROVED TITLE: RESOLUTION TO ESTABLISH AUTHORITY ? As Recommended OF THE CITY MANAGER TO EXECUTE ? As Amended ? Implementing Resolution CONTRACTS ? Other CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution of the City Council of the City of Santa Ana, acting as Successor Agency to the former Community Redevelopment Agency of the City of Santa Ana ("Successor Agency") establishing authority of the City Manager to execute Successor Agency contracts in an amount not to exceed $25,000. DISCUSSION In November of 2006, the residents of the City of Santa Ana (City) voted to amend section 421 of the City's Charter to increase the City Manager's authority to execute agreements. The authority of the City Manager is now capped by the City Council at $25,000. The amendment additionally indicated that the City Manager would submit quarterly reports to the City Council at a public meeting on all agreements in which this authority was used. To improve efficiency and achieve alignment with the City process, on October 6, 2008, the Community Redevelopment Agency Board approved Resolution 2008-006, granting its Executive Director the same $25,000 contracting authority. In order to implement ABX1 26 (Redevelopment Dissolution Act) as amended by AB 1484, and ensure consistency with City processes, it is proposed that the Successor Agency Board grant the City Manager the same authority granted with respect to other contracts. In order to unwind the Community Redevelopment Agency's affairs, the Successor Agency will need to enter into contracts for services as it administers the enforceable obligations of the former agency. This action will provide the City Manager with the same contract authority for the City acting as Successor Agency as currently in place for the City. It will also include the submittal of quarterly reports to the Successor Agency Board at the public meeting on all such agreements/contracts. 2-1 Resolution to Establish Contract Authority November 19, 2012 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. ?h" (11 (-,? 6,koiq-, zt?o Nancy T. wards Interim Ex cutive Director Community Development Agency NTE/SG/kg Exhibits: 1. Resolution 2-2 11/5/12 LES SUCCESSOR AGENCY RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACTING AS SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY ESTABLISHING AUTHORITY OF THE CITY MANAGER TO EXECUTE SUCCESSOR AGENCY CONTRACTS IN AN AMOUNT NOT TO EXCEED $25,000 BE IT RESOLVED BY THE MEMBERS OF THE SUCCESSOR AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1. The City Council of Santa Ana, acting as Successor Agency, hereby finds, determines and declares as follows: A. On January 9, 2012, pursuant to section 34173 of the California Health & Safety Code, the City of Santa Ana ("City") elected to serve as the Successor Agency for the former Community Redevelopment Agency ("Agency") of the City of Santa Ana. B. The City will perform its functions as the Successor Agency under the Dissolution Act to administer the enforceable obligations of the Agency and otherwise unwind the Agency's affairs. In order to unwind the Agency's affairs, the Successor Agency will need to have contract authority similar to that of the City. C. In November of 2006, the residents of the City of Santa Ana voted to amend Section 421 of the City's Charter to increase the City Manager's authority to execute agreements and further provided that the City Manager submit quarterly reports to the City Council at a public meeting reporting all such agreements. D. At this time, the City Manager's authority to execute agreements on behalf of the City has been capped at $25,000. For consistency, the City, acting as Successor Agency, desires the same contract authority. Section 2. City Manager's Authority to Enter into Agreements as the City acting as Successor Agency to the former Community Redevelopment Agency. a. The City Manager is hereby authorized to bind the City acting as Successor Agency to the former Community Redevelopment Agency on contracts for an amount not to exceed $25,000 in a single agreement consistent with the City's contracting authority. b. At least quarterly, the City Manager shall place on the Successor Agency to the former Community Redevelopment Agency's agenda, for information, a report of contracts let by the City Manager pursuant to the authority granted hereby. That report shall include the identities of contractors and the amounts of each contract. Section 3. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. 2-3 11/5/12 LES ADOPTED this day of 2012. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2012- to be the original resolution adopted by the City Council acting as the Successor Agency to the former Community Redevelopment Agency on November 2012. Date: Maria D. Huizar, Clerk of the Council 2 2-4