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HomeMy WebLinkAboutRA2007-0031 1 RESOLUTION NO. RA2007-003 A RESOLUTION OF THE ATASCADERO COMMUNITY REDEVELOPMENT AGENCY ADOPTING AMENDED BYLAWS WHEREAS, the City Council of the City of Atascadero declared a need for a redevelopment agency to function by adoption of Ordinance 130; and WHEREAS, California Health and Safety Code Section 33125(d) provides that a redevelopment agency may make, amend, and repeal bylaws and regulations consistent with and to carry into effect the powers and purposes of the Community Redevelopment Law; and WHEREAS, it is the desire of the Agency to adopt bylaws for the Agency consistent with the Community Redevelopment Law. NOW THERFORE, THE ATASCADERO COMMUNITY REDEVELOPMENT AGENCY DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: 1. That the Agency hereby adopts the Amended Bylaws of the Atascadero Community Redevelopment Agency, a copy of which is attached hereto and by this reference incorporated herein, to be the official bylaws of the Atascadero Community Redevelopment Agency. 2. This Resolution will take effect upon adoption. On motion by Board Member Beraud, and seconded by Board Member Brennler, the foregoing Resolution is hereby adopted following roll call vote: AYES: Board Members Beraud, Brennler, Clay, Luna, and Chairperson O'Malley, NOES: None ABSENT: None ADOPTED: October 9, 2007 "TY OF ATASCADERO Tom O'Malley, Chair rson ATTEST: APPROVED AS TO FORM: Marcia McClure Torgerson, Board Secret y Robert Schultz, Agenc C unsel 1 City of Atascadero Resolution No. 2007-003 Page 2 of 4 Attachment BYLAWS OF THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO ARTICLE I — THE AGENCY Section 1. Name. The official name of the Agency shall be the "Community Redevelopment Agency of Atascadero." Section 2. Office and Place of Meetine. The main office of the Agency shall be at 6907 El Camino Real, Atascadero, California. The Agency shall hold its meetings at the main office in the City Council Chambers or such other location as may be designated from time to time by the Chairperson. Section 3. Powers. The powers of the Agency are vested in its members then in office, who reserve to themselves the right to delegate by resolution such powers as are appropriate within a suitable framework. Section 4. Agency Seal. The seal of the Agency shall be in a form of a circle around the perimeter of which will appear the name of the Agency and the town and State, to wit; Community Redevelopment Agency of Atascadero, Atascadero, California. In the center of the seal shall appear the year of its founding. ARTICLE II — OFFICERS Section 1. Officers. The officers of the Agency shall be a Chairperson, Vice Chairperson, Treasurer, Secretary, and Executive Director. Section 2. Additional Officers and Assistant Officers. The Agency may, by resolution, appoint such additional officers, establish their terms of office, and define their duties as the Agency determines necessary or desirable. Section 3. Chairperson. The Chairperson shall be elected by the Board Members at the first meeting following each City Council Election. The Chairperson shall preside at all meetings of the Agency. The Chairperson shall be entitled to vote on all matters coming before the Agency. Section 4. Vice Chairperson. The Vice Chairperson shall be elected by the Board members at the first meeting following each City Council election. The Vice Chairperson shall perform the duties of the Chairman in the absence or incapacity of the Chairperson; and in the case of the resignation or death of the Chairperson; the Vice Chairperson shall perform such duties as are imposed on the Chairperson until such time as a new Chairperson is elected or appointed. City of Atascadero Resolution No. 2007-003 Page 3 of 4 Section 5. Secretary. The Secretary shall be the City Clerk of the City of Atascadero. The Secretary shall keep the records of the Agency and record all votes, and shall keep a record of the proceedings to be kept for such purposes, and shall perform all duties incident to said 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 Agency. Section 6. Executive Director. The Executive Director shall be the City Manager of the City of Atascadero. The Executive Director shall serve as administrative chief of the Agency, shall be directly responsible to it, and, subject thereto, shall have complete control of the responsibility for the execution of the Agency's policies, the administration of its affairs, and the fulfillment of such other duties as from time to time the Agency may impose. The Executive Director shall appoint and have supervision of the Agency's personnel. At each meeting of the Agency, the Executive Director shall supply its members with such information and make such recommendations as shall be necessary to effect the purpose of the Agency and for the proper administration of its affairs. The Executive Director shall execute all documents of whatever description upon prior authorization of the Agency. Section 7. Deputy Executive Director. The Deputy Executive Director shall be a staff member of the City of Atascadero designated by the Executive Director. The Deputy Executive Director shall assist the Executive Director in the general conduct of all Agency affairs and shall act for the Executive Director in his absence. The Deputy Executive Director in the absence or incapacity of the Executive Director, or as otherwise directed by the Agency, shall execute all documents of whatever description upon prior authorization of the Agency; provided, however, that in the event of such execution, the Deputy Executive Director shall attach to the executed document his or her certification of the absence or incapacity of the Executive Director. Section 8. Treasurer. The Treasurer shall be the Finance Director of the City of Atascadero. The Treasurer shall be responsible for ascertaining that all funds of the Agency are deposited in the name of the Agency in such bank or banks, or such special trust fund or funds with the Treasury of the City of Atascadero, as the Agency may select. The Treasurer shall give such bond for the faithful performance of his or her duties as the Agency may determine. All checks used by the Agency shall be signed and/or countersigned by a person or persons designated by resolution of the Agency. All persons so designated shall be bonded for faithful performance of duty as determined by the Agency. Section 9. Additional Duties. The officers of the Agency shall perform such other duties and functions as may from time to time be required by the Agency, these Bylaws, rules or regulations of the Agency. No member of the Agency shall be eligible to fill the office of either the Executive Director or Secretary except as a temporary appointee. Section 10. Vacancies. Should the offices of Chairperson or Vice Chairperson become vacant, the Agency shall select a successor from its membership at the regular meeting, and such election shall be for the period until a new Chairperson and/or Vice Chairperson are selected. When the office of Executive Director or Secretary becomes vacant, the Agency shall appoint a successor. Section 11. Additional Personnel. The Agency may from time to time employ or retain such personnel as it deems necessary to exercise its powers, duties, and functions as prescribed by the applicable California Health and Safety Code provisions, as amended and all other laws of the State of California and specifications therefore, and compensation to such personnel (including the Executive Director, Secretary, and Treasurer), shall be determined by the Agency subject to the laws of the State of California. City of Atascadero Resolution No. 2007-003 Page 4 of 4 ARTICLE III - MEETINGS Section 1. Regular Meetings. Regular meetings shall be held at the City Council Chambers, 6907 El Camino Real, Atascadero California, unless otherwise specified, quarterly on a day and time to coincide with regular meetings of the City Council. Additional meetings may be held as deemed necessary for the purpose of transacting the business of the Agency. A regular meeting of the Agency may be adjourned to a time and place specified in the order of adjournment pursuant to the requirements of Government Code Section 54955. Section 2. Special Meetings. The Chairperson of the Agency may, when deemed expedient, call a special meeting of the Agency for the purpose of transacting any business designated in the call. The call for a special meeting may be delivered to each member of the Agency or may be mailed to the business or home address of each member of the Agency at least one day prior to the date of such special meeting. At such special meeting no business shall be considered other than as designed in the call. Section 3. Meetings to be Open and Public. All meetings of the legislative body of the Agency shall be open and public, and all persons shall be permitted to attend any meeting of the Agency. All adjourned, special, and executive meetings of the Agency shall be governed by Section 54955 through 54957 of the Government Code of the State of California, as amended. Section 4. Ouorum. The powers of the Agency shall be vested in the members thereof in office from time to time. A majority of current members shall constitute a quorum for the purpose of conducting business and exercising its powers and for all other purposes. 1