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HomeMy WebLinkAboutRDA Agenda Packet 100907X18 1076 CITY OF ATASCADERO COMMUNITY REDEVELOPMENT AGENCY AGENDA Tuesday, October 9, 2007 6:30 P.M. City Hall Council Chambers 6907 EI Camino Real Atascadero, California REGULAR SESSION: 6:30 P.M. ROLL CALL: Chairperson O'Malley Vice Chairperson Beraud Board Member Brennler Board Member Clay Board Member Luna APPROVAL OF AGENDA: Roll Call COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Board on any matter not on this agenda and over which the Board has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Board may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Board.) BOARD ANNOUNCEMENTS AND REPORTS: (On their own initiative, the Board Members may make a brief announcement or a brief report on their own activities. Board Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Board may take action on items listed on the Agenda.) 1 A. CONSENT CALENDAR: 1. Community Redevelopment Agency Minutes — September 11, 2007 • Board Secretary Recommendation: Board approve the Community Redevelopment Agency minutes of September 11, 2007. [Board Secretary] B. MANAGEMENT REPORTS: Redevelopment Agency BVlaws — Update and Amend • Fiscal Impact: None. • Recommendation: Agency Board adopt the Draft Resolution, updating and amending the Agency Bylaws. [Executive Director] C. ADJOURNMENT: 2 ITEM NUMBER: RA A-1 DATE: 10/09/07 CITY OF ATASCADERO COMMUNITY REDEVELOPMENT AGENCY DRAFT MINUTES Tuesday, September 11, 2007 6:30 P.M. REGULAR SESSION: 6:30 P.M. Chairperson O'Malley called the meeting to order at 6:30 p.m. ROLL CALL: Present: Board Members Brennler, Clay, Beraud and Chairperson O'Malley Absent: Board Member Luna Others Present: Recording Secretary Grace Pucci Staff Present: Executive Director Wade McKinney, Deputy Executive Director of Redevelopment Marty Tracey, Public Works Director Steve Kahn, Community Development Director Warren Frace, Community Services Director Brady Cherry, Fire Chief Kurt Stone, Police Chief John Couch, Deputy Public Works Director David Athey, Deputy Public Works Director Geoff English, Deputy City Clerk Victoria Randall and Interim City Attorney Robert Schultz. APPROVAL OF AGENDA: MOTION: By Vice Chairperson Beraud and seconded by Board Member Brennler to approve the agenda. Motion passed 4:0 by a roll -call vote. RDA Draft Minutes 09/11/07 Page 1 of 2 3 COMMUNITY FORUM: Ann Ketcherside explained why she thinks the Council and Board are not listening to the public. She stated she would be writing a letter to the City Attorney regarding the Community Forum period being moved to the back of the Council's agenda. Eric Greening asked for clarity on the process from here forward regarding the Redevelopment Agency and how it plans the use of the funding for streetscape projects. Chairperson O'Malley closed the Public Comment period. BOARD ANNOUNCEMENTS AND REPORTS: Vice Chairperson Beraud, reported on the earlier downtown streetscape meeting, and stated that approximately $3.5 million is slated to be spent on improving the downtown infrastructure. A. ADJOURNMENT MOTION: By Vice Chairperson Beraud and seconded by Board Member Clay to adjourn to Closed Session. Motion passed 4:0 by a voice vote. Chairperson O'Malley adjourned the meeting at 6:40 p.m. MINUTES PREPARED BY: Grace Pucci, Recording Secretary RDA Draft Minutes 09/11/07 Page 2 of 2 0 ITEM NUMBER: RA B-1 DATE: 10/09/07 Community Redevelopment Agency of Atascadero Staff Report — Executive Director Redevelopment Agency Bylaws Update and Amend RECOMMENDATION: Agency Board adopt the Draft Resolution, updating and amending the Agency Bylaws. DISCUSSION: The Community Redevelopment Agency currently meets on the second and fourth Tuesdays of each month, at 6:30 p.m., before the City Council meetings which begin at 7:00 p.m. At this time, most of the Agency meetings are brief, with the only business on the agenda being to approve the last meeting's minutes. In an effort to streamline the Agency Board's meeting schedule, staff reviewed the Agency's bylaws. There were several areas that needed to be updated, such as the main office address and meeting location, and miscellaneous corrections. Currently, the bylaws state that the Agency meets on the second and fourth Tuesdays, before the City Council meetings. Given the authority of the Agency to amend its bylaws, staff recommends that the suggested updates and corrections be approved, and that the regular meeting requirements be adjusted to allow at least one meeting per year, and as many additional meetings as are deemed necessary for the purpose of transacting the business of the Agency. Therefore, the Agency will only meet when there is business to address, at least once per year. The meetings will be scheduled to coincide with the regular meetings of the City Council. FISCAL IMPACT: None ALTERNATIVE: The Council could take no action, or offer different or edited amendments. ATTACHMENTS: 1. Draft Resolution 2. Draft Amended Agency Bylaws DRAFT RESOLUTION 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 I 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. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero, California, held on this day of 2007. M Tom O'Malley, Chairperson FA -0u v Marcia McClure Torgerson, Board Secretary APPROVED AS TO FORM: In Robert Schultz, Agency Counsel 7 DRAFT 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 Meeting. The main office of the Agency shall be at 6500 Palm.Aveaue6907 El Camino Real, Atascadero, California. The Agency shall hold its meetings at the main office q -in the main effi City Council Chambers _or such other location as may be designated from time to time by the Chairman ep rson. 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 n 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 Chairmangrson, Vice Chairmaa ep rson, 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. Chairmanyerson. The Chairman ep rson shall be elected by the Board Members at the first meeting following each City Council Election. The Chairman ep rson shall preside at all meetings of the Agency. The Chairman en rson shall be entitled to vote on all matters coming before the Agency. Section 4. Vice Chairmanoerson. The Vice Chairman ep rson shall be elected by the Board members at the first meeting following each City Council election. The Vice Chairman ep rson shall perform the duties of the Chairman in the absence or incapacity of the Chairmaft ep rson; and in the case of the resignation or death of the /1 1 9 Chaim eo rson; the Vice Chairman ep rson shall perform such duties as are imposed on the Chairs ep rson until such time as a new Chairman ep rson is elected or appointed. 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. n 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 2 �7 to fill the office of either the Executive Director or Secretary except as a temporary appointee. Section 10. Vacancies. Should the offices of Chairman ep rson or Vice Chairman ep rson 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 Chairaiat ep rson and/or Vice Chairna*ep rson 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. ARTICLE III — MEETINGS Section 1. Regular Meetings. Regular meetings shall be held at the City Council Chambers, 640n n„'_... A vee i-.6907 El Camino Real, Atascadero California, unless otherwise specified, at least once per year in January, on a day and time to coincide with /1 regular meetings of the City Council t 7 6:30 p.m. Additional meetings may be held as deemed necessary for the uuroose 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 Chairitart ep rson 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. Quorum. 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. 3 10