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HomeMy WebLinkAboutSA Reso 2013-03 SA Bylaws & Conflict of Interest CodeRESOLUTION NO. SA- 2013 -003 RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING THE ADOPTION OF THE SUCCESSOR AGENCY BYLAWS AND CONFLICT OF INTEREST CODE WHEREAS, the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore (the "Successor Agency ") is charged with implementing the recognized enforceable obligations and winding down of the affairs of the former Redevelopment Agency of the City of Lake Elsinore (the "Agency ") in accordance with the California Health and Safety Code; and WHEREAS, the Agency was a duly constituted redevelopment agency under the laws of the State of California; and WHEREAS, on December 29, 2011, the California Supreme Court issued its decision in the California Redevelopment Association v. Matosantos case, finding ABx1 26 (the "Dissolution Act") largely constitutional, resulting in the dissolution of the Agency along with all other redevelopment agencies in the state effective February 1, 2012; and WHEREAS, on January 10, 2012, pursuant to Resolution No. 2012 -001 and Sections 341710) and 34173 of the Dissolution Act, the City Council of the City of Lake Elsinore ( "City ") elected to serve as successor agency to the Agency and, on February 14, 2012, the City Council held its first meeting as the governing body of the Successor Agency; and WHEREAS, Subdivision (g) of Section 34173 of the Dissolution Act, added by AB 1484 on June 27, 2012, expressly affirms that the Successor Agency is a separate public entity from the City, that the two entities shall not merge, and that the liabilities of the Agency will not be transferred to the City nor will the assets of the Agency become assets of the City; and WHEREAS, Subdivision (g) of Section 34173 of the Dissolution Act further states that the Successor Agency succeeds to the rights and obligations of the Agency, including, without limitation, the organizational status and framework of the former Agency; and WHEREAS, the Bylaws in effect upon the dissolution of the Agency were those certain Amended and Restated Bylaws of the Redevelopment Agency of the City of Lake Elsinore ( "Bylaws ") attached hereto as Exhibit "A "; and WHEREAS, on June 12, 2012, by Resolution No. 2012 -020, on behalf of the City and the Successor Agency, the City Council updated its adoption of the terms of California Code of Regulations, Title 2, Section 18730, and any amendments thereto duly adopted from time to time by the Fair Political Practices Commission, as the Conflict of Interest Code ( "Conflict of Interest Code "); and Successor Agency Resolution No. SA 2013 -003 Page 2 of 3 WHEREAS, the Successor Agency, by operation of law, succeeded to the Bylaws and Conflict of Interest Code of the former Agency in connection with its succession to the organizational status of the former Agency; and WHEREAS, the Successor Agency desires to confirm the adoption of the Bylaws and Conflict of Interest Code. NOW, THEREFORE, the Successor Agency of the City of Lake Elsinore, California, does hereby resolve as follow: SECTION 1. The Recitals set forth above are true and correct and incorporated herein by reference. SECTION 2. Based on the Recitals set forth above and consistent with the legislative authority contained in AB 1484, specifically Subdivision (g) of Section 34173 of the Health & Safety Code, the Successor Agency hereby confirms the adoption of the Bylaws and Conflict of Interest Code. SECTION 3. The Executive Director, or his designee, are each hereby authorized and directed to do all things and take all actions necessary or desirable to effectuate the foregoing, and all actions heretofore taken by the officers, employees and agents of the Successor Agency in connection therewith are hereby ratified, approved and confirmed in every respect. SECTION 4. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Successor Agency hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. Successor Agency Resolution No. SA 2013 -003 Page 3 of 3 SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption in accordance with, and subject to, all applicable requirements of the Dissolution Act, as amended by AB 1484. PASSED, APPROVED AND ADOPTED at a regular meeting of the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, held this 23rd day of July, 2013. Virginia J.1 Bloom/�Uency Clerk APPWVED AS Z. Lejbo�, City Attorney EXHIBIT "A" AMENDED AND RESTATED BYLAWS OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE AMENDED AND RESTATED BYLAWS OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE ARTICLE I - THE AGENCY Section 1. Name of Agency. _ The name of the Redevelopment Agency herein sometimes referred to as the "Agency" shall be Redevelopment Agency of the City of Lake Elsinore. Section 2. Nature of Agency. The Agency is a public body, corporate and politic, organized and existing under and by virtue of the Community Redevelopment Law of the State of California (Health and Safety Code Sections 33000 et seq. ). Section 3. Objectives Purposes and Powers. The objectives and purposes of the Agency are those set forth in the Community Redevelopment Law of the State of California (Health & Safety Code Sections. 33000 et seq) as currently exists or as may hereafter be amended from time to time (the "CRL ") and the Agency shall be vested with such authority and powers set forth in the CRL. Section 4. Members. The powers of the Agency shall be vested in the Members thereof in office. Section 5. Seal of Agency. The seal of the Agency shall be in the form of a circle and shall bear the name of the Agency and the year of its organization. Section 6. Office of Agency. The office of the Agency shall be at such location in the City of Lake Elsinore, State of California, as the Members of the Agency may from time to time designate by resolution. The Members of the Agency may hold their meetings at such places as they may from time to time designate by resolution. ARTICLE II — OFFICERS Section 1. Officers. The officers of the Agency shall be a Chair, a Vice Chair, an Executive Director, a Secretary, and a Treasurer. The Agency may also have, at the discretion of the Members, one or more additional Vice Chair. The Members may appoint such other officers as the business of the Agency may require, each of whom shall hold office for such period, have such authority, and 1 perform such duties as are provided in the Bylaws, or as the Members may from time to time determine. Section 2. Chair. The Chair shall preside at all meetings of the Agency. Except as otherwise authorized by resolution of the Members of the Agency, the Chair shall sign all contracts, deeds and other instruments made by the Agency. At each meeting the Chair shall submit such recommendations and information as the Chair may consider proper concerning the business, affairs and policies of the Agency. Section 3. Vice Chair. In the absence or disability of the Chair, a Vice Chair shall perform all the duties of the Chair, and when so acting shall have all the powers of and be subject to all the restrictions upon the Chair. The Vice Chair shall have such other powers and perform such other duties as from time to time be granted or fixed by the Members or the Bylaws. Section 4. Executive Director; Secretary; Treasurer. (a) The City Manager shall be the Executive Director of the Agency. The Executive Director shall have general supervision over the administration of the business and affairs of the Agency, subject to the direction of the Members. (b) The City Clerk shall be the Secretary of the Agency. The Secretary shall keep all records of the Agency, shall act as secretary of the meetings of the Members and record all votes, and shall keep a record of the proceedings of the Members in a journal of proceedings to be kept for such purpose and shall perform all duties incident to this office. The Secretary shall keep in safe custody the seal of the Agency and shall have power to affix such seal to all contracts and instruments authorized to be executed by the Members. (c) The Director of Administrative Services shall be the Treasurer of the Agency. The Treasurer shall have the care and custody of all funds of the Agency and shall deposit the same in the name of the Agency in such bank or banks as the Treasurer may select. The Treasurer shall sign all orders and checks for the payment of money and shall pay out and disburse such moneys under the direction of the Agency. Except as otherwise authorized by resolution of the Agency, all orders and checks for an amount greater than Five Thousand Dollars ($5,000) shall be countersigned by the Executive Director. The Treasurer shall keep regular books of accounts showing receipts and expenditures and shall render to the 2 Members, when requested, an account of all transactions and also of the financial condition of the Agency. Section 5. Additional Duties. The officers of the Agency shall perform such other duties and functions as may from time to time be required by the Members or the Bylaws or rules, regulations and policies of the Agency. Section 6. Election and Appointment. The Chair and Vice Chair shall be elected at a regular meeting of the Members from among the Members of the Agency, and shall hold office until their successors are elected and qualified. Section 7. Vacancies. Should the office of Chair or Vice Chair become vacant, the Members shall elect a successor from among the Members at the next regular Agency meeting. Section 8. Additional Personnel. The Members may from time to time employ such personnel as they deem necessary to exercise its powers, duties, and functions as prescribed by the Community Redevelopment Law of the State of California and all other laws of the State of California applicable thereto. The compensation of staff positions shall be determined by the Members subject to the laws of the State of California. ARTICLE III — MEETINGS Section 1. Regular Meetings. Regular meetings of the Members shall be held without notice at the regular meeting place of the Members on the second and fourth Tuesdays of each month, unless either of said days shall be a legal holiday, in which event the regular meeting shall be held at the same time on the next succeeding day that is not a holiday. The hour of the regular meetings shall be fixed by resolution passed and adopted by the Members from time to time. Section 2. Special Meetings. A special meeting of the Members of the Agency may be called at any time by the Chair or by a majority of the Members of the Agency in accordance with the provisions of the Ralph M. Brown Act (California Government Code Sections 54950 et seq.). Section 3. Ouorum. Three (3) Members shall constitute a quorum for the purpose of conducting business of the Agency and exercising its powers and for all other purposes except as otherwise provided by law or the Bylaws, but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in attendance, and except as otherwise provided by law or the Bylaws, 3 action may be taken by the Agency upon a vote of a majority of the Members present. Section 4. Order of Business. At the regular meetings of the Members, the following shall be the order of business: (1) Call To Order (2) Roll -Call. (3) Closed Session (4) Public Comments — Non - Agendized Items (1 minute) (5) Public Comments — Agendized Items (6) Consent Calendar (7) Public Hearings (8) Business Items (9) Public Comments — Non - Agendized Items (3 minutes) (10) Executive Director Comments (11) Legal Counsel Comments (12) Board Member Comments (13) Adjournment Section 5. Resolutions. All resolutions shall be submitted in writing approved as to form by Agency Counsel and upon adoption shall be executed by the Chair and attested to by the Agency Secretary. The Agency Secretary shall enter all Agency resolutions in a journal of the proceedings of the Agency. ARTICLE IV — AMENDMENTS Amendments to Bylaws. The Bylaws of the Agency shall be amended only with the approval of at least three (3) of the Members of the Agency at a regular or a special meeting noticed in accordance with the Ralph M. Brown Act. 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia J. Bloom, City Clerk for the City of Lake Elsinore, California, hereby certify that Resolution No. SA 2013 -003 was adopted by the Successor Agency of the City of Lake Elsinore, California, at a regular meeting held on the 23 day of July 2013, and that the same was adopted by the following vote: AYES: Agency Members Manos, Hickman, Tisdale, Johnson and Chairman Magee NOES: None ABSENT: None ABSTAIN: None v Virgin J. Blo9 City Clerk