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AGENDA BILL Agenda Item No. 5(D) Date: August 19, 2014 To: City Council of the City of El Cerrito From: Scott Hanin, City Manager Subject: Appointment of Member to the Successor Agency Oversight Board ACTION REQUESTED Request that the Mayor appoint Lisa Malek-Zadeh to the Oversight Board of the Successor Agency to represent employees of the former El Cerrito Redevelopment Agency; and Adopt a resolution ratifying the Mayor’s appointment of Ms. Malek-Zadeh to the Oversight Board of the Successor Agency to the former El Cerrito Redevelopment Agency. BACKGROUND The legislation authorized as ABx1 26 (Dissolution Act) requires that there shall be an oversight board (Oversight Board) established for each former California redevelopment agency’s successor agency (Successor Agency). The Oversight Board supervises the activities of the Successor Agency and the wind down of the dissolved redevelopment agency’s affairs. It has a fiduciary responsibility to holders of enforceable obligations and taxing entities that benefit from the distributions of property tax and other revenues of the Successor Agency. The Dissolution Act requires the Oversight Board to direct the Successor Agency to determine whether contracts, agreements or other arrangements between the former redevelopment agency and private parties should be terminated or renegotiated to reduce the Successor Agency's liabilities and to increase net revenues to the taxing entities. The Oversight Board also approves the Successor Agency administrative budget. The Oversight Board consists of seven members appointed by: • County Board of Supervisors (two members); • County Board of Education (one member); • Chancellor of California Community Colleges (one member); • Largest special district taxing entity, which in this case is the East Bay Regional Park District (one member); • Mayor of the city that established the dissolved RDA (one member); and • A former redevelopment agency employee appointed by the Mayor (one member). On February 21, 2012, the Mayor appointed William C. Jones III and Hilde Myall, as the former redevelopment agency employee member, to the Oversight Board of the Successor Agency and the City Council adopted Resolution No. 2012-15 ratifying the Mayor’s appointments to the Oversight Board. ---PAGE BREAK--- Agenda Item No. 5(D) Page 2 ANALYSIS Hilde Myall is stepping down from the Oversight Board in order to serve as City staff to the Oversight Board, a role that was formerly filled by Lori Treviño, Economic Development Manager. Ms. Myall, as the City’s Housing Program Manager, has been involved with the dissolution of the former El Cerrito Redevelopment Agency and is taking over the administration of the Successor Agency. Staff is requesting that the Mayor appoint Lisa Malek-Zadeh, City Finance Director, to the Oversight Board at this evening’s meeting to replace Ms. Myall and that the City Council approve a resolution ratifying the mayoral appointment to the Oversight Board. Staff believes it is important to appoint individuals with knowledge and experience of the former El Cerrito Redevelopment Agency’s programs and activities and to make the appointment as soon as is reasonably possible. It is anticipated that the City’s appointees to the Oversight Board will serve until June 30, 2016 unless a member resigns and/or the City makes a new appointment. Any vacancies on the Oversight Board must be filled within 60 days. If any Oversight Board member position remains vacant for more than 60 days, the Governor may appoint to fill that vacancy. Commencing on July 1, 2016, all of the Oversight Boards for the various former redevelopment agencies in a particular county will be consolidated into a single county-wide Oversight Board of a composition specified by the Dissolution Act. FINANCIAL CONSIDERATIONS The fiscal impact to the City of the Oversight Board appointment is minimal. The appointee is expected to perform Oversight Board member roles as part of their existing duties as public officials and/or city employees. The Dissolution Act states that the Oversight Board members shall serve without compensation or reimbursement for expenses from the Successor Agency. However, the Successor Agency shall pay for all of the costs of meetings of the Oversight Board and may include such costs in its administrative budget. The Oversight Board meets twice a year to review and approve the Successor Agency Recognized Obligation Payment Schedule and approve the Successor Agency administrative budget. The next meeting of the Oversight Board is anticipated to be called in late September in order to review and approve ROPS 14-15B. LEGAL CONSIDERATIONS The Oversight Board is deemed to be a local entity for purposes of the Ralph M. Brown Act, the California Public Records Act, and the Political Reform Act of 1974. The Successor Agency will be responsible for posting the agendas and minutes of Oversight Board meetings and maintaining a Successor Agency website. Oversight board members shall have personal immunity from suit for their actions taken within the scope of their responsibilities as Oversight Board members. Attachments: 1. Resolution ---PAGE BREAK--- 1 RESOLUTION NO. 2014–XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO RATIFYING THE THE MAYOR OF THE CITY OF EL CERRITO’S APPOINTMENT OF LISA MALEK- ZADEH TO THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY FOR THE FORMER EL CERRITO REDEVELOPMENT AGENCY PURSUANT TO HEALTH AND SAFETY CODE SECTION 34179 WHEREAS, pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.; the “Redevelopment Law”), the City Council (the “City Council”) of the City of El Cerrito (the “City”) adopted the Redevelopment Plan for the City of El Cerrito Redevelopment Project Area by Ordinance No. 77-17, adopted on November 28, 1977, as amended by Ordinance No. 80-13, adopted on December 15, 1980; as amended by Ordinance No. 89-5, adopted on July 10, 1989; as amended by Ordinance No. 94-4, adopted on July 25, 1994; as amended by Ordinance No. 2004-3, adopted March 1, 2004; as amended by Ordinance No. 2005-01, adopted March 21, 2005; and as further amended by Ordinance No. 2006-10, adopted November 6, 2006 (collectively, the “Redevelopment Plan”); and WHEREAS, as part of the 2011-12 State budget bill AB1x26 (the “Dissolution Act”) was enacted significantly modifying the Redevelopment Law to require the dissolution of redevelopment agencies throughout California and the establishment of successor agencies to wind down the former redevelopment agencies’ affairs; and WHEREAS, California redevelopment agencies were dissolved on February 1, 2012 pursuant to the Dissolution Act; and WHEREAS, Section 342179(a) of the Redevelopment Law provides that the Mayor of the city that authorized the creation of a redevelopment agency may elect to appoint one member to the Oversight Board of the Successor Agency who represent employees of the former redevelopment agency; and WHEREAS, the Mayor of the City of El Cerrito appointed Hilde Myall as the former redevelopment agency employee member to the Oversight Board and the City Council of the City of El Cerrito ratified that appointment pursuant to Resolution No. 2012-15 on February 21, 2012; and WHEREAS, Hilde Myall has resigned from the Oversight Board in consideration of her increased duties as City staff in the administration of the Successor Agency; and WHEREAS, after careful consideration, the Mayor of the City of El Cerrito has appointed Lisa Malek-Zadeh as the former redevelopment agency employee member to the Oversight Board of the Successor Agency to the former El Cerrito Redevelopment Agency; and WHEREAS, the Mayor may appoint alternate members if the need arises. ---PAGE BREAK--- 2 NOW, THEREFORE, BE IT RESOLVED, after careful consideration, the City Council hereby ratifies the appointment by the Mayor of Lisa Malek-Zadeh to the Oversight Board of the Successor Agency, effective immediately. The above and foregoing resolution was duly and regularly passed and adopted at a meeting by the City Council of the City of El Cerrito on the 19th day of August, 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: I CERTIFY that the foregoing is a true and correct copy of the original Resolution on file in the office of the City Clerk of the City of El Cerrito. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of said City, this day of August, 2014. City Clerk Approved: Janet Abelson, Mayor