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REDEVELOPMENT AGENDA ITEM NO. 11

Meeting Date: November 14, 2006

Subject/Title: A Resolution Adopting City Council/Administrative Policy No. 10-13 related to Signature Authority as that Policy may be amended from time to time

Prepared by: Denise Davies, Chief Finance Officer

Submitted by: Pamela Ehler, Agency Treasurer

RECOMMENDATION
A Resolution Adopting City Council/Administrative Policy No. 10-13 related to Signature Authority as that Policy may be amended from time to time.

PREVIOUS ACTION
On August 8, 2006, City Council approved Resolution No. 2006-187 authorizing the City Manager or designee to direct the City Clerk to file notices of completion for projects up to $50,000 not awarded by City Council, per the City’s Purchasing Policy.

On June 13, 2006, City Council approved Resolution No. 2006-134 authorizing the City Manager to execute License Agreements as necessary for Landscape Maintenance of City right of way by private non-residential property owners, upon acceptance of public improvements.

On March 28, 2006, City Council approved Resolution No. 2006-61 delegating authority to the City Manager to make determinations of industrial disability pursuant to Government Code 21173.

On February 8, 2005, City Council approved Resolution No. 2005-28 authorizing the City Manager to sign tenant contracts and amendments for the Brentwood Education and Technology Center.

On October 14, 2003, City Council approved Resolution No. 2997 authorizing the City Manager or City Engineer to accept on the City’s behalf all interests in real property.

On July 27, 1993, City Council approved Resolution No. 93-96 authorizing the City Manager to perform function of the City Council relating to claims against the City.

BACKGROUND
Over the years, staff obtained signature authority by Resolution on an as needed basis. In an effort to consolidate these authorities, staff created a Policy that sets forth the authorized employees that may act on behalf of the Brentwood Redevelopment Agency in the execution of certain documents. The new policy will provide staff with a guideline to follow as the policy contains which employees are authorized to sign documents as well as authority levels of those employees that will act on behalf of the Agency.

The signature policy ties to the City’s purchasing policy and formalizes the authorization of staff by calling out specific types of documents authorized for signature. There are also sections that modify current signing authority. A companion item is included on the City Council consent calendar this evening. It is the practice of the Redevelopment Agency of the City of Brentwood to conduct its operations in accordance with established City policies. As such, it is appropriate for the Agency to adopt City policies to continue this practice. While the attached policy and this staff report refers to and specifies authority for City officials and employees, the references to those officials and employees are interchangeable with Agency officials and employees. For example, “City” is the equivalent of “Agency”, “City Manager” the equivalent of “Executive Director,” and “City Attorney” the equivalent to “Agency Counsel.”

The following is a brief description of the Authorized Signatures Section of the Policy and any changes to the current signing authority:

Section 2.2.1 Agreements, Contracts, Amendments or Change Orders for goods, maintenance or services – Municipal Code Section 2.36.080 states that the City Manager has the duty and the power to sign written contracts. The Purchasing Policy states that purchases of more than fifty thousand dollars require City Council approval. This section formalizes the signature authorization of the City Manager and gives signature authority to the City Attorney in the amount of $50,000 for legal services and Department Directors in the amount of $10,000 for agreements other than legal services.

Section 2.2.2 Agreements, Contracts, Amendments or Change Orders for utility crossings, design review, encroachments, easements and right of entry with local agencies, districts or utilities – In addition to restating the authority previously given in Resolution 2006-134 for the City Manager to execute license agreements, this section authorizes the execution of agreements, contracts, amendments or change orders for utility crossings, design review, encroachments, easements and right of entry with local agencies, districts or utilities up to the dollar amounts specified in the policy.

Section 2.2.3 Agreements, Contracts, Amendments or Change Orders where the City is providing goods, maintenance or services - This section formalizes the City Manager’s authorization as stated in Section 2.2.1 but where the City is providing the goods, maintenance or services rather than receiving them.

Section 2.2.4 Claims and Settlements – Resolution No. 93-96 previously approved by the City Council allows for the City Manager to comprise and settle as the best interest of the City of Brentwood may dictate, any and all claims up to a maximum of $20,000. This section modifies the authority of the City Manager to settle, approve or reject claims in the amount not to exceed $25,000.

Section 2.2.5 Agreements, Contracts, Amendments or Change Orders where the City is a Landlord/Tenant or Facility User – Resolution 2005-28 authorized the City Manager to sign tenant contracts and amendments for the Brentwood Education and Technology Center. This section broadens the City Manager’s authority to all agreements, contract, amendments or change orders where the City is Landlord/Tenant or for the temporary use of a facility by the City but sets a dollar limitation of $50,000 per year.

Section 2.2.6 Real Property on the City’s Behalf - This section restates the authority given to the City Manager or City Engineer under Resolution No. 2997 which was adopted by the City Council on October 14, 2003.

Section 2.2.7 Disability Retirement - This section restates the authority given to the City Manager under Resolution No. 2006-61 which was adopted by the City Council on March 28, 2006.

Section 2.2.8 Notice of Completion for Projects - This section restates the authority given to the City Manager under Resolution No. 2006-187 which was adopted by the City Council on August 8, 2006

Section 2.2.9 Agreements for Employee Benefits with Outside Vendors - This section allows for the City Manager to sign agreements for employee benefits, such as health and dental, that are included in a City Council approved Memorandum of Understanding or Agreement.

Section 2.2.10 Affordable Housing Agreements and Related Documents. This section formalizes the City Manager’s authorization for signing Affordable Housing Agreements and related documents.

Section 2.2.11 First Time Homebuyer Agreements and Related Documents. This section formalizes the City Manager’s authorization for signing First Time Homebuyer Agreements and related documents.


FISCAL IMPACT
The adoption of this Policy does not have a fiscal impact. In order for agreements which require expenditures to be executed, expenditures must be included in the approved budget or the agreement must include language, as approved by the Agency Counsel, to allow for termination of the agreement if the Agency does not appropriate the funds necessary to continue the agreement.

Attachments:
Resolution
Signature Authority Policy No. 10-13 – Exhibit A

RESOLUTION NO. RDA-

A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD ADOPTING CITY COUNCIL/ADMINISTRATIVE POLICY NO. 10-13 RELATED TO SIGNATURE AUTHORITY AS THAT POLICY MAY BE AMENDED FROM TIME TO TIME

WHEREAS, over the years, staff obtained signature authority by Resolution on an as needed basis; and

WHEREAS, staff created a policy that sets forth the authorized employees that may act on behalf of the City of Brentwood in the execution of certain documents in a single policy; and

WHEREAS, the policy provides staff with a guideline to follow as the policy contains which employees are authorized to sign documents as well as authority levels; and

WHEREAS, the signature policy ties to the City’s purchasing policy and formalizes the authorization of staff; and

WHEREAS, it is the practice of the Redevelopment Agency of the City of Brentwood (“Agency”) to conduct its operations in accordance with established City policies, and therefore it is appropriate for the Agency to adopt City policies where appropriate to preserve and implement this practice.

NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Brentwood does:

1. Hereby adopt City Council/Administrative Policy No. 10-13 related to Signature Authority as that Policy may be amended from time to time, a copy of which is attached as Exhibit A.
2. Find that City policies are relevant and applicable to the continued operations, duties and functions of the Agency shall be interpreted with interchangeable and equivalent titles and names, including but not limited to “City” shall be equivalent with “Agency”, “City Manager” shall be equivalent with “Executive Director”, “City Attorney” shall be equivalent with “Agency Counsel”, “City Treasurer” shall be equivalent to “Agency Treasurer,” and “Department Director” shall be equivalent to “Deputy Director”.
3. Find that Section 2.2.10 of the policy refers to Municipal Code Section 17.725 Affordable Housing which relates to the City and does not apply to the Agency,

PASSED, APPROVED AND ADOPTED by the Redevelopment Agency of the City of Brentwood at a regular meeting on the 14th day of November 2006 by the following vote:

1. PURPOSE

This policy sets forth authorized employees and authority levels of those employees to act on behalf of the City of Brentwood in the execution of certain documents.

2. POLICY

2.1 Applicability

The provisions of this policy apply to the execution of documents by authorized City employees that are not otherwise provided for by Council/Administrative Policies and that the City Attorney has approved to form. In order for agreements which require expenditures to be executed, expenditures must be included in the approved budget or the agreement includes language, as approved by the City Attorney, to allow for termination of the agreement if the City Council does not appropriate the funds necessary to continue the agreement.

Employees authorized below may delegate their authority by notifying the Director of Finance and Information Systems and the City Attorney in writing by email or memorandum.

2.2 Authorized Signatures

2.2.1 Agreements, Contracts, Amendments or Change Orders for goods, maintenance or services

In order for any department to purchase or contract for goods, maintenance and/or services they may do so in accordance with the purchasing procedures prescribed in Policy No. 10-7 (Purchasing).

The following employees are authorized to execute those agreements, contracts, amendments or change orders where the total annual commitment does not exceed the amounts stated below or the agreement, contract, amendment or change order falls within the contingency amount approved by the City Council:

City Manager $50,000
City Attorney $50,000 for Legal Services
Department Directors $10,000 for agreements other than Legal Services

2.2.2 Agreements, Contracts, Amendments or Change Orders for utility crossings, design review, encroachments, easements and right of entry with local agencies, districts or utilities.

The following employees are authorized to execute those agreements, contracts, amendments or change orders where the annual commitment does not exceed the amounts stated below or the agreement, contract, amendment or change order falls within the contingency amount approved by the City Council:

City Manager $50,000
Department Directors $10,000

2.2.3 Agreements, Contracts, Amendments or Change Orders where the City is providing goods, maintenance or services

The City Manager is authorized to execute those agreements, contracts, amendments or change orders where the City is providing the goods, maintenance or services to a public or private entity where the annual commitment by the City does not exceed $50,000 per fiscal year.

2.2.4 Claims and Settlements

The City Manager is authorized to settle, approve or reject claims against the City of Brentwood in an amount not to exceed $25,000. The City Manager is authorized to sign agreements and/or approve payments for action taken in closed session by the City Council.

2.2.5 Agreements, Contracts, Amendments or Change Orders where the City is Landlord/Tenant or Facility User

The City Manager is authorized to execute those agreements, contracts, amendments or change orders with public or private entities where the City is Landlord/Tenant or for temporary use of a facility by the City where the annual commitment does not exceed $50,000 per year.

2.2.6 Real Property on the City’s Behalf

After the City Attorney approves a particular document or instrument to form, the City Manager or the City Engineer may accept on behalf of the City Council:

• All rights of entry so long as each right of entry is memorialized in a written document signed by the property owner.

Rights of entry are defined as possessory interests in real property whereby the City is authorized, for a short duration and for a limited purpose, to enter under real property and engage in work for the public benefit.

• Offers of Dedication of an easement, right of way or fee interest in real property so long as each offer is evidenced by a written instrument signed by the offering property owner.

Offers of Dedication are defined as the conveyance of real property for public use as an outright donation, in exchange for the granting of any land use entitlement by the City (such as subdivision maps, building permits or zone changes) or to satisfy mitigation requirements resulting from an environmental review.

• All property acquisitions of an easement or fee interest in real property so long as a written instrument is signed by the seller.

• All other interest in real property not stated above, in accepting all subdivision map offers of dedication.

The City Clerk shall utilize the Certificate of Acceptance, substantially in the same form as defined in Government Code Section 27281, and record the Certificate along with the instrument conveying the offer of dedication or minor property acquisition with the County Recorder.

Minor property acquisitions are defined as negotiated acquisitions not under the threat of eminent domain for minor real property interest in the nature of an easement or fee interest for a public purpose.

The City Clerk shall not separate or divide real property interests into several, separate interests in order to achieve a delegable right of entry, offer of dedication or minor property acquisition hereunder.

2.2.7 Disability Retirement

The City Manager is authorized to make determinations under Section 21152(C) of the Government Code, on behalf of the City, of disability and whether such disability is industrial and to certify such determinations and all other necessary information to the Public Employees’ Retirement System.

The City Manager is authorized to make applications on behalf of the City for disability retirement of all employees and to initiate requests for reinstatement of such employees who are retired for disability.

2.2.8 Notices of Completion for Projects

The City Manager is authorized to direct staff to file notices of completion for projects that were not awarded by the City Council up to $50,000.

2.2.9 Agreements for Employee Benefits with Outside Vendors

The City Manager is authorized to execute agreements, contracts or amendments for employee benefits with outside vendors that are included in a City Council approved Memorandum of Understanding or Agreement.

2.2.10 Affordable Housing Agreements and Related Documents

Provided that the documents are consistent with Municipal Code Chapter 17.725 Affordable Housing, if applicable and Health & Safety Code Section 33000, et seq. if applicable, the City Manager is authorized to execute agreements, contracts, amendments, resale controls, rent restrictions and any other documents necessary to implement the provisions of Chapter 17.725, if applicable and Health & Safety Code Section 33000 if applicable.

2.2.11 First Time Homebuyer Agreements and Related Documents

Provided that the documents are consistent with the Council approved First Time Homebuyer’s Program the City Manager and/or Housing Manager is authorized to execute loan agreements and any documents necessary to implement the terms and provisions of the Loan Agreements and the First Time Homebuyer’s Program, subject to any revisions approved by the City Attorney.
 

City Administration
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