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HomeMy WebLinkAbout2020-001 Adopting Bylaws of the Authority_ RESOLUTION NO. PFA 2020-001 A RESOLUTION OF THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY ADOPTING BYLAWS OF THE AUTHORITY WHEREAS, the former Redevelopment Agency of the City of Lake Elsinore (the"Agency") and the City of Lake Elsinore (the "City") have, by the Joint Exercise of Powers Agreement, dated July 25, 1989 (the "Agreement"), created the Lake Elsinore Public Financing Authority for the purposes, among other things, of assisting in the financing and refinancing of public capital improvements pursuant to the Marks-Roos Local Bond Pooling Act of 1985, being Article 4 of the Act (commencing with Section 6584); and WHEREAS, the legal name of the Lake Elsinore Public Financing Authority is the "Lake Elsinore Public Financing Authority, a joint exercise of powers authority organized and existing under and by virtue of the laws of the State of California" (hereinafter referred to as the "Public Financing Authority"); and WHEREAS, the Public Financing Authority has caused to be prepared bylaws that are to be the rules and regulations establishing a framework for its operation, administration, meetings, and management of the Public Financing Authority; and WHEREAS, the Public Financing Authority desires to approve its bylaws; and WHEREAS, the Public Financing Authority has considered such bylaws at an open public meeting and provided the public an opportunity to comment on such agenda item and now desires to approve the Bylaws of the Lake Elsinore Public Financing Authority for the orderly conduct of business of the Public Financing Authority. NOW, THEREFORE, THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. The "Bylaws of the Lake Elsinore Public Financing Authority" (herein, "Bylaws") attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth herein are hereby adopted and approved as the official Bylaws of the Lake Elsinore Public Financing Authority. Section 2. The Public Financing Authority Secretary shall certify to the adoption of this Resolution. Passed, Approved, and Adopted at a regular meeting of the Lake Elsinore Public Financing Authority held this 14t" day of January 2020. Bri n- ' e Chair 1 Resolution No. PFA 2020-001 Page 2 of 2 Attest: Candice vare MMC Secretary_ STATE OF CALIFORNIA J COUNTY OF RIVERSIDE y ss. CITY OF LAKE ELSINORE 7 I, Candice Alvarez, MMC, Secretary to the Lake Elsinore Public Financing Authority hereby certify that Resolution No. PFA 2020-001 was adopted by the Lake Elsinore Public Financing Authority at a Regular meeting held on the 14th day of January 2020 by the following vote: AYES: Authority Members Johnson, Manos, and Magee, Vice-Chair Sheridan, and Chair Tisdale NOES: None ABSENT: None ABSTAIN: None Candice AI are MMC Secretary I 2 EXHIBIT A BYLAWS [attached] BYLAWS OF THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY Section 1. Name. The official name of the finance authority formed pursuant to Articles 1 through 4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of the State of California (the "Act"), shall be the "Lake Elsinore Public Financing Authority, a joint exercise of powers authority organized and existing under and by virtue of the laws of the State of California" (hereinafter referred to as the "Authority"). The former Redevelopment Agency of the City of Lake Elsinore (the "Agency") and the City of Lake Elsinore (the "City") have, by the Joint Exercise of Powers Agreement, dated July 25, 1989 (the "Agreement"), created the Authority for the purposes, among other things, of assisting in the financing and refinancing of public capital improvements pursuant to the Marks-Roos Local Bond Pooling Act of 1985, being Article 4 of the Act (commencing with Section 6584) (the "Bond Law"); Section 2. Authority Board Members. The Authority shall be administered by a governing board whose members shall be the members of the City Council of the City of Lake Elsinore ("City Council"), which governing board shall be referred to as the "Authority Board". The term of office as a member of the Authority Board shall terminate when such member of the Authority Board shall cease to be a member of the City Council; and the appointed or elected successor, as applicable thereto, to such member of the City Council shall become a member of the Authority Board. The Authority Board shall be chaired by a "Chair." The Chair shall be the Mayor of the City of Lake Elsinore unless the Authority Board elects another of its members to serve as Chair. The Chair shall preside at all meetings of the Authority. In the absence of the Chair, the Authority Board shall be chaired by a "Vice Chair." The Vice Chair shall be the Mayor Pro Tern of the City of Lake Elsinore unless the Authority Board elects another of its members to serve as Vice Chair. In the absence of the Chair, the Vice Chair shall preside at meetings of the Authority. The Secretary to the Authority Board (hereinafter, "Authority Secretary") shall be appointed as provided in Section 8. Section 3. Office. The business office of the Authority shall be at Lake Elsinore City Hall, 130 South Main Street, Lake Elsinore, CA 92530, or at such other place as may be designated by the Authority Board. Section 4. Compensation. Members may receive their actual and necessary expenses, including traveling expenses incurred in the discharge of their duties, but only when authorized by the Authority Board and if there are unencumbered funds available for such purpose in compliance with and pursuant to applicable laws and regulations. 1 Section 5. Officers. The Officers of the Authority shall be the Executive Director, Assistant Executive Director, Authority Secretary, Authority Counsel, and Treasurer. Section 6. Executive Director. The Executive Director of the Authority shall be the City Manager of the City of Lake Elsinore or such other person as may be appointed by the Authority Board. The term of office shall be from the date of his or her appointment through the date of the first regular meeting of the Authority in the next succeeding calendar year; provided that he or she shall serve until a successor has been duly appointed. The Executive Director shall submit such information and recommendations to the Authority Board as he or she may consider proper concerning the business, policies and affairs of the Authority. The Executive Director also serves as the chief executive officer of the Authority and shall be responsible for execution and supervision of the affairs of the Authority. The Executive Director may sign contracts, deeds and other instruments executed by the Authority as provided in Section 12. Section 7. Assistant Executive Director. The Assistant Executive Director shall be the Assistant City Manager of the City of Lake Elsinore, or Interim City Manager of the City of Lake Elsinore, if any, or such other person as may be appointed by the Authority Board. The term of office shall be from the date of his or her appointment through the date of the first regular meeting of the Authority in the next succeeding calendar year; provided that he or she shall serve until a successor has been elected. The Assistant Executive Director shall perform the duties of the Executive Director in the absence or incapacity of the Executive Director. In case of the resignation or death of the Executive Director, the Assistant Executive Director shall perform such duties as are imposed on the Executive Director, until such time as the members shall appoint a new Executive Director. Section 8. Authority Secretary. The Authority Secretary shall be the City Clerk of the City of Lake Elsinore or such other person as may be appointed by the Authority Board. The Authority Secretary shall keep the records of the Authority, shall act as Authority Secretary at the meetings of the Authority and record all votes, and shall keep a record of the proceedings of the Authority in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to the office. Section 9. Authority Counsel. The Authority Counsel shall be the City Attorney of the City of Lake Elsinore or such other person as may be appointed by the Authority Board, and shall serve at the pleasure of the Authority Board. The Authority Counsel shall be responsible for the preparation of all proposed resolutions, laws, rules, contracts, bonds and other legal papers 2 for the Authority. The Authority Counsel shall give advice or opinions in writing to the Chair, Executive Director or other Authority officers when and if requested to do so. The Authority Counsel or as directed by the Authority shall attend to all lawsuits or other matters to which the Authority is a party or in which the Authority may be legally interested and do such other things pertaining to the Authority Counsel's office as the Authority may request; provided however, where there City Attorney is not currently serving in the capacity of Authority Counsel, the Authority may also direct the City Attorney to attend to all lawsuits or other matters to which the Authority is a party or in which the Authority may be legally interested, as elected by the Authority. Section 10. Treasurer. The Treasurer shall be the officer of the City of Lake Elsinore designated by the City of Lake Elsinore to serve in the capacity as the chief financial officer, finance director or head of the finance department, or such other person or persons as may be appointed by the Authority Board, which person may be the Executive Director or the Assistant Executive Director. The Treasurer shall have the care and custody of all funds of the Authority and shall be authorized to cause the deposit of such funds in the name of the Authority in such bank, banks, or other financial institutions, including without limitation the State of California Treasurer, Local Agency Investment Fund ("LAIF"), as the Authority may select and pursuant to an investment policy considered and approved by the Authority. The Treasurer shall keep regular books of account, showing receipts and expenditures, and shall render to the Authority at each regular meeting, or more often when requested, an account of transactions and the financial conditions of the Authority. Section 11. Appointment of Officers. The appointment or reappointment of officers shall be the first order of business at the first meeting of the Authority, regular or special, held in each calendar year. Section 12. Authority to Bind Authority; City of Lake Elsinore Council Policies Apply to Authority. No member, officer, agent or employee of the Authority, without prior specific or general Authority by a vote of the Authority Board, shall have any power or Authority to bind the Authority by any contract, to pledge its credit, or to render it liable for any purpose in any amount; provided however, the Authority may authorize the Executive Director to enter into a contract or contracts as authorized in and consistent with the City's policies, which Council policies shall be deemed to apply to the Authority under these bylaws (herein, "Council Policies"). Section 13. Appointment of Employees and Agents. The Authority may from time to time request from the City the services of such personnel, counsel or agents, permanent or 3 temporary, as may be necessary to carry out the business and affairs of the Authority. The Authority Board may in addition employ temporary professional and technical personnel on such terms and at such rates of compensation as the Authority may determine, subject to all applicable laws, and provided that adequate sources of funds are identified for the payment of such temporary professional and technical services and subject to the applicable Council Policies. Section 14. Regular Meetings. Regular meetings shall be held in the Council Chambers at City Hall or at such other place as the Chair may designate, on dates and at a time as fixed by Resolution of the Authority, which as of the date hereof are generally concurrent with meetings of the City Council; provided that any such regular meeting may be suspended or cancelled if there is no business to attend to. If at any time any regular meeting falls on a legal holiday, such regular meeting shall be held on the next business day at the same time unless otherwise scheduled by the Authority and consistent with meeting dates of the City Council. Pursuant to and in compliance with the Ralph M. Brown Act, Government Code Section 54950, et seq. ("Brown Act"), at least 72 hours before a regular meeting, an agenda containing a brief general description of each item of business to be transacted or discussed shall be posted at a location freely accessible to members of the public; further, such agenda shall specify the time and location of the regular meeting. No action shall be taken on any item not appearing on the posted agenda except as permitted by the Brown Act or other applicable laws and regulations. Section 15. Special Meetings. Subject to and pursuant to the provisions of the Brown Act, a special meeting may be called at any time by the Chair or upon the request of two of the members of the Authority by delivering written notice to each member and to each person or entity entitled by law to receive such notices. Notices to the Authority Board shall be sufficient if delivered to the Authority Secretary. Notices to other persons or entities entitled by law to receive notices must be delivered personally or by mail and must be received at least 24 hours before the time of such special meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted and shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public. No other business shall be considered at such meetings by the Authority Board. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the Authority Secretary a written waiver of notice. Such waiver may be given electronically. Such written notice may also be dispensed with as to any member who is actually present at the time it convenes. 4 Section 16. Closed Sessions. Nothing contained in these bylaws shall be construed to prevent the Authority Board from holding closed sessions during a regular or special meeting concerning any matter permitted by law to be considered in a closed session subject to and pursuant to the provisions of the Brown Act. Section 17. Public Hearings. All public hearings held by the Authority Board shall be held during regular or special meetings of the Authority Board. Section 18. Adjourning Meetings and Continuing Public Hearings to Other Times or Places. The Authority Board may adjourn any meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular meeting or adjourned regular meeting the Authority Secretary may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be given in the same manner as provided for special meetings unless such notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings. Section 19. Posting. Any public hearing being held, or any hearing noticed or ordered to be held at any meeting may by order or notice of continuance be continued or recontinued to any subsequent meeting in the same manner and to the same extent set forth herein for the adjournment of the meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing a copy of the order or notice of continuance shall be posted immediately following the meeting at which the order or declaration of continuance was adopted or made. Section 20. Meetings to be Open and Public. All meetings of Authority members to take action or to deliberate concerning Authority business and its conduct shall be open and public and are subject to and shall be held in compliance with the Brown Act. All persons shall be permitted to attend any such meetings except as otherwise provided as permitted by law and these bylaws. 5 Section 21. Quorum. A majority of the members of the Authority Board shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other official purposes, except that less than a quorum may adjourn from time to time until a quorum is obtained. Section 22. Order of Business. At the regular meeting of the Authority, the general order of business shall be consistent with the Council Policies and may be conducted concurrently with the business of the City of Lake Elsinore. Section 23. Parliamentary Procedure. The rules of parliamentary procedure set forth in the Standard Code of Parliamentary Procedure, 4th Edition, Revised by the American Institute of Parliamentarians shall govern all meetings of the Authority, except as otherwise herein provided or as otherwise provided in the Council Policies. Section 24. Amendments to Bylaws. These bylaws may be amended by the Authority Board at any regular or special meeting by majority vote, provided that the proposed amendment to any particular section is included in the notice of such meeting. 6