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32 RESOLUTION NO. 2022-SA____
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE CULVER CITY REDEVELOPMENT
AGENCY APPROVING ADMINISTRATIVE BUDGET S FOR THE
PERIODS JULY 1, 2022 THROUGH DECEMBER 31 , 2022 AND
JANUARY 1, 2023 THROUGH JUNE 30, 2023, AND APPROVING
CERTAIN RELATED ACTIONS.
WHEREAS, the former Culver City Redevelopment Agency (“ Former CCRA”) was a redevelopment agency in the City of Culver City (“City”), duly created pursuant to the California Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the California Health and Safety Code) (“Redevelopment Law”); and WHEREAS, the former CCRA was responsible for the administration of redevelopment activities within the City; and
WHEREAS, Assembly Bill No. X1 26 (2011-2012 1st Ex. Sess.) (“AB 26”) was signed by the Governor of California on June 28, 2011, making certain changes to the Redevelopment Law and the California Health and Safety Code (“Health and Safety Code”), including adding Part 1.8 (commencing with Section 34161) (“Part 1.8”) and Part 1.85 (commencing with Section 34170) (“Part 1.85”) to Division 24 of the Health and Safety Code; and
WHEREAS, pursuant to AB 26, as modified by the California Supreme Court on December 29, 2011 by its decision in California Redevel opment Association v.
Matosantos, all California redevelopment agencies, including the former CCRA , were dissolved on February 1, 2012, and successor agencies were designated and vested with the responsibility of paying, performing and enforcing the enforc eable obligations of the former redevelopment agencies and expeditiously winding down the business and fiscal affairs of the former redevelopment agencies; and
WHEREAS, the City Council of the City adopted Resolution No. 2012-R001 on January 9, 2012, pur suant to Part 1.85 of AB 26, electing for the City to serve as the
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32 successor agency to the Former CCRA upon the dissolution of the Former CCRA under AB 26 (“Successor Agency”); and
WHEREAS, on February 6, 2012, the Board of Directors of the Successor Agency (the “Successor Agency Board”), adopted Resolution No. 2012-SA001 naming itself the “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 of AB 26, and establishing itself as a separate legal entity with rules and regulations that will apply to the governance and operations of the Successor Agency; and
WHEREAS, as part of the FY 2012 -2013 State budget package, on June 27, 2012, the Legislature passed an d the Governor signed Assembly Bill No. 1484 (“AB 1484”, Chapter 26, Statutes 2012). Although the primary purpose of AB 1484 is to make technical and substantive amendments to AB 26 based on issues that have arisen in the implementation of AB 26, AB 1484 imposes additional statutory provisions relating to the activities and obligations of successor agencies and to the wind down process of former redevelopment agencies; and
WHEREAS, on September 23, 2015, the Legislature passed and the Governor signed Senate Bill No. 107 (“SB 107”, Chapter 325, Statutes of 2015). SB 107 imposed further statutory provisions relating to the wind down process of former redevelopment agencies, including extending the Recognized Obligation Payment Schedule period from six months to a full fiscal year; and
WHEREAS, AB 26 as amended by AB 1484 and SB 107 are collectively referred to hereinafter as the “Dissolution Act”; and
WHEREAS, Health and Safety Code Section 34179 of AB 26 as amended by the Dissolution Act established a seven (7) member local entity with respect to each successor agency and such entity was titled the “oversight board.” The oversight board was established for the Successor Agency (hereinafter referred to as the “Oversight Board”) and all seven (7) members were appointed to the Oversight Board pursuant to Health and Safety
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32 Code Section 34179. The duties and responsibilities of the Oversight Board are primarily set forth in Health and Safety Code Sections 34179 through 34181 of the Dissolution Act; and WHEREAS, pursuant to Health and Safety Code Section 34179(q), commencing on and after July 1, 2018, the County of Los Angeles, where more than 40 oversight boards were created by the Dissolution Act, shall have five consolidated oversight boards each encompassing the five supervisorial districts; and WHEREAS, the Second District Consolidated Oversight Board (hereinafter referred to as “Oversight Board”) has jurisdiction over the Successor Agency; and WHEREAS, Health and Safety Code Section 34177( j) of the Dissolution Act requires the Successor Agency to prepare an administrative budget for each six-month fiscal period and submit the administrative budget to the Oversight Board for approval. The administrative budget shall include all of the following: (i) estimated amounts for Successor Agency administrative costs for the upcoming six-month fiscal period; (ii) proposed sources of payment for Successor Agency administrative costs; and (iii) proposals for arrangements for administrative and operations services provided by the City or other entity; and WHEREAS, Health and Safety Code Section 34177( k) of the Dissolution Act requires the Successor Agency to provide to the Los Angeles County Auditor -Controller (“County Au ditor-Controller”) for each six-month fiscal period the administrative cost estimates from its approved administrative budget that are to be paid from property tax revenues (i.e., former tax increment revenues) deposited in the County’s Redevelopment Property Tax Trust Fund established for the Successor Agency; and WHEREAS, staff of the Successor Agency seeks the Successor Agency’s approval of the administrative budgets for the periods of July 1, 2022 through December 31, 2022 (“Administrative Budget 22-23A”) and January 1, 2023 through June 30, 2023 (“Administrative Budget 22-23B”), in the forms attached to this Resolution as Exhibit “A”, and the Successor Agency’s authorization to submit the approved Administrative Budget s 22- 23A and 22-23B (collectively, “Administrative Budget 22-23”) to the Oversight Board for its
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32 approval and to forward the information required by Health and Safety Code Section 34177(k) to the County Auditor-Controller; and
WHEREAS, the Administrative Budget 22-23 has been prepared in accordance with Health and Safety Code Section 34177(j) of the Dissolution Act and is consistent with the requirements of the Health and Safety Code and other applicable law. The proposed source of payment of the costs set forth in the Administrative Budget 22-23 is from property taxes from the County’s Redevelopment Property Tax Trust Fund established for the Successor Agency; and
WHEREAS, as required by Health and Safety Code Section 34180(j) of the Dissolution Act, the Successor Agency will submit a copy of the Administrative Budget 20-21 to the County Administrative Officer, the County Auditor -Controller, and the Department of Finance at the same time that the Successor Agency submits the Administrative Budget 22- 23 to the Oversight Board for review and approval; and
WHEREAS, as required by Health and Safety Code Section 34179(f) of the Dissolution Act, all notices required by law for proposed actions of the Oversight Board will be posted on the Successor Agency’s internet website or the Oversight Board’s internet website; and
WHEREAS, pursuant to Health and Safety Code Section 34179(h) of the Dissolution Act, the Successor Agency is required to provide written notice and information about all actions taken by the Oversight Board to the Department of Finance by electronic means and in the manner of the Department of Finance’s choosing; and WHEREAS, in furtherance of Part 1.85 of the Dissolution Act, a copy of the Administrative Budget 22-23 as it may be approved by the Oversight Board will be submitted to the County Auditor -Controller and both the State Controller’s Office and the Department of Finance and will be posted on the Successor Agency’s internet website; and
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32 WHEREAS, pursuant to Health and Safety Code Section 34183(a)(2) of the Dissolution Act, the County is required to make a payment of property tax revenues (i.e. , former tax increment funds) to the Successor Agency on June 1, 2022 and January 2, 2023 for payments to be made toward recognized obligations listed on the ROPS 22-23 and for the administrative cost estimates from its approved Administrative Budget 22-23; and WHEREAS, the activity proposed for approval by this Resolution has been reviewed with respect to applicability of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq., hereafter the “Guidelines”), and the City’s environmental guidelines; and WHEREAS, the activity proposed for approval by this Resolution is not a “project” for purposes of CEQA, as that term is defined by Guidelines Section 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per Section 15378(b)(5) of the Guidelines; and WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met.
NOW, THEREFORE, the Board of Directors of the Successor Agency to the Culver City Redevelopment Agency, DOES HEREBY RESOLVE as follows:
SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.
SECTION 2. The adoption of this Resolution is not intended to and shall not constitute a waiver by the Successor Agency of any constitutional, legal or equitable rights that the Successor Agency may have to challenge, through any administrativ e or judicial proceedings, the effectiveness and/or legality of all or any portion of AB 26, AB 1484 and/or SB 107, any determinations rendered or actions or omissions to act by any public agency or government entity or division in the implementation of AB 26, AB 1484 and/or SB 107, and any and all related legal and factual issue, and the Successor Age ncy expressly reserves any and all rights, privileges, and defenses available under law and equity.
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32 SECTION 3. The Successor Agency Board hereby approves and adopts Administrative Budget 22-23A for the period covering July 1, 2022 through December 31, 2022 and Administrative Budget 22-23B for the period covering January 1, 2023 through June 30, 2023, substantially in the forms attached to this Resolution as Exhibit “A”.
SECTION 4. The Executive Director, or designee, is hereby authorized and directed to: (i) submit the approved Administrative Budget 22-23 to the Oversight Board for its review and approval and concurrently submit a copy of the Administrative Budget 22-23 to the County Administrative Officer, the County Auditor -Controller, and the Department of Finance; (ii) submit the Administrative Budget 22-23, as approved by the Oversight Board, and written notice of the Oversight Board’s app roval of the Administrative Budget 22-23, to the Department of Finance (electronically) pursuant to Health and Safety Code Section 34179(h) of AB 26 as amended by AB 1484; (iii) submit a copy of the Administrative Budget 20-21, as approved by the Oversight Board, to the County Auditor -Controller and the State Controller’s Office; (iv) post the Administrative Budget 22-23, as approved by the Oversight Board, on the Successor Agency’s internet website; (v) upon approval of the Oversight Board, submit to the County Auditor -Controller the administrative cost estimates from the Administrative Budget 22-23 that are to be paid from property tax revenues deposited in the County’s Redevelopment Property Tax Trust Fund established for the Successor Agency; and (vi) take such other actions and execute such other documents as are necessary to effectuate the intent of this Resolution on behalf of the Successor Agency.
SECTION 5. The staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution.
SECTION 6. The S uccessor Agency Board determines that the activity approved by this Resolution is not a “project” for purposes of CEQA, as that term is defined by Guidelines Section 15378, because the activity approved this Resolution is an
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32 organizational or administrativ e activity that will not result in a direct or indirect physical change in the environment, per Section 15378(b)(5) of the Guidelines.
SECTION 7. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Successor Agency Board declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
SECTION 8. This Resolution shall take effect immediately upon its adoption.
APPROVED AND ADOPTED, this day of 2022.
DR. DANIEL LEE, Chair
Successor Agency to the Culver City
Redevelopment Agency
ATTEST: APPROVED AS TO FORM:
JEREMY GREEN, Secretary HEATHER BAKER, Successor Agency Counsel
A22-00002
Direct Staff Costs FTE Full Year FY 22-23A FY 22-23B
Economic Development Administrator 0.30 74,457.00 37,000 37,000 Economic Development Manager 0.10 18,881.50 9,000 9,000 Accountant II 0.50 64,610.00 32,000 32,000
CDD Director 0.25 66,575.00 33,000 33,000
Sr. Mgmt Analyst 0.25 44,060.00 22,000 22,000
City Manager 0.03 11,319.60 6,000 6,000
City Clerk 0.10 22,707.00 11,000 11,000
CFO 0.30 89,317.50 45,000 45,000
1.83 391,927.60 195,000 195,000
Direct O&M
Contractual Services (Legal, Consulting) 85,000 85,000
Office Supplies 6,000 6,000
91,000 91,000
Total Direct Costs 286,000 286,000
Indirect Cost Allocation (20%) 39,000 39,000
Total Cost 325,000 325,000
Exhibit 'A'
Culver City Successor Agency Administrative Budget
July 1, 2022 - June 30, 2023