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Agenda Item No. S(C) OVERSIGHT BOARD OF SUCCESSOR AGENCY TO THEEL CERRITO REDEVELOPMENT AGENCY RESOLUTION 2012-XX RESOLUTION OF THE OVERSIGHT BOARD OF SUCCESSOR AGENCY TO THE EL CERRITO REDEVELOPMENT AGENCY ESTABLISHING RULES OF CONDUCT, PROCEDURES AND SCHEDULE FOR MEETINGS OF THE OVERSIGHT BOARD 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 successor agencies to wind down the former redevelopment agencies' affairs; and WHEREAS, on August 15, 2011, pursuant to the Dissolution Act, the City elected to serve as the Successor Agency to the El Cerrito Redevelopment Agency (the "Successor"); and WHEREAS, Section 34179(a) of the Health and Safety Code provides for the establishment of an oversight board of the successor agency to the former redevelopment agency ("Successor Agency"); and WHEREAS, the Oversight Board desires to establish rules for the conduct of its meetings, including but not limited to the designation of officers and the conduct of meetings. NOW THEREFORE, BE IT RESOLVED that the Oversight Board of the Successor Agency to the El Cerrito Redevelopment Agency ("Oversight Board") hereby adopts the Rules of Procedure of the Oversight Board of the Successor Agency to the El Cerrito Redevelopment Agency, a copy of which is attached hereto and incorporated herein as Exhibit A. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. ---PAGE BREAK--- Agenda Item No. S(C) Exhibit A Oversight Board Resol~tion No. 2012-XX, Exhibit A RULES OF PROCEDURE OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THEEL CERRITO REDEVELOPMENT AGENCY ARTICLE 1 -THE OVERSIGHT BOARD Section 1. Purpose The Oversight Board shall perform the duties described in Chapter 4 (commencing with Section 34179) of Part 1.85 of Division 24 of the Health and Safety Code in connection with the winding down of the affairs of the former El Cerrito Redevelopment Agency (hereinafter the "former Agency") by the City of El Cerrito in its capacity as the successor agency (hereinafter the "Successor"). Section 2. Membership a. Total Membership/ Appointment The total membership of the Oversight Board shall be seven selected as follows: ( 1) One member shall be appointed by the Board of Supervisors of the County of Contra Costa; One member shall be appointed by the Mayor of the City of El Cerrito; One member shall be appointed by the largest, by property tax share, special district (as defined in Revenue and Taxation Code Section 95) with territory in the territorial jurisdiction of the former El Cerrito Redevelopment Agency, which in this case is the East Bay Regional Park District; ( 4) One member, to represent schools, shall be appointed by the elected County of Contra Costa Superintendent of Education; One member shall be appointed by the Chancellor of the California Community Colleges to represent community college districts in the County of Contra Costa; ( 6) One member shall be a member of the public appointed by the Board of Supervisors of the County of Contra Costa; and One member, to represent the employees of the former El Cerrito Redevelopment Agency, shall be appointed by the Mayor of the City of El Cerrito. The Governor may appoint individuals to fill any member position identified herein that has not been filled by May 15, 2012. Following its initial formation, the Oversight Board shall report the names of its officers and other members to the State Department of Finance The members shall serve without compensation and without reimbursement for expenses. Each member shall serve at the pleasure of the entity that appointed such member. ---PAGE BREAK--- b. Duration Agenda Item No. S(C) Exhibit A The Oversight Board shall be and remain established until the sooner of the date that all indebtedness of the former Agency has been repaid, or July 1, 2016, at which time the Oversight Board shall be dissolved and replaced by a single oversight board for all successor agencies within the County of Contra Costa. Section 3. Local Entity Pursuant to subdivision of Section 341 79 of the Health and Safety Code, the Oversight Board shall be 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. Section 4. Personal Immunity Oversight Board members shall have personal immunity from suit for their actions taken within the scope of their responsibilities as members of the Oversight Board. Section 5. Fiduciary Responsibilities Oversight Board members shall have fiduciary responsibilities to holders of enforceable obligations, as that term is defined in subdivision of Section 34171 of the Health and Safety Code, and the taxing entities that benefit from distributions of property tax and other revenues pursuant to Section 34188 of the Health and Safety Code. Section 6. Resignation Any Oversight Board member may resign at any time by giving written notice to the Chairperson, who shall forward such notice to the Successor Agency and to DOF. Any such resignation will take effect upon receipt or upon any date specified therein. The acceptance of such resignation shall not be necessary to make it effective. Section 7. Filling of Vacancies In the event of a vacancy on the Oversight Board, the appointing entity for the vacant seat shall select a member to fill such vacancy as soon as reasonably practicable, provided, however, that the Governor may appoint individuals to fill any member position that remains vacant for more than sixty ( 60) days. ARTICLE II- OFFICERS Section 1. Chair The Chairperson shall preside at all meetings of the Oversight Board,. The Chairperson shall sign all documents necessary to carry out the business of the Oversight Board. Section 2. Vice Chair The Vice Chairperson shall perform the duties of the Chairperson in the absence or incapacity of the Chairperson. In the event of the death, resignation or removal of the Chairperson, the Vice Chairperson shall assume the Chairperson's duties until such time as the Oversight Board shall elect a new Chairperson. ---PAGE BREAK--- Section 3. Secretary Agenda Item No. 5(C) Exhibit A The City Manager of the Successor Agency shall designate a person to serve as the Secretary to the Oversight Board. The Secretary shall keep the records of the Oversight Board, shall act as secretary at meetings of the Oversight Board, shall record all votes, keep a record of the proceedings of the Oversight Board in a journal of proceedings to be kept for such purpose and shall perform all duties incident to the office. The Secretary shall maintain a record of all official proceedings of the Oversight Board and its programs. In the absence of the Secretary, the City Manager to the Successor Agency shall appoint a member of the staff to act as Secretary. Section 4. Designated Contact Person for State Department of Finance The City of Manager of the Successor Agency shall be the designated point of contact for communications with the Department of Finance. Section 5. Election The Chairperson and Vice Chairperson shall be elected from among the members of the Oversight Board at the first meeting of the Oversight Board. Section 6. Vacancies Should the office of the Chairperson or Vice Chairperson become vacant, the Oversight Board shall elect a successor from among the Oversight Board members at the next regular or special meeting. ARTICLE III -MEETINGS Section 1. Regular Meetings Regular meetings of the Oversight Board shall be held on the last Wednesday of April, at the hour of 7:00p.m., and on the first Wednesday of December, at the hour of 7:00pm. The meetings will be held in the Council Chambers at City Hall, El Cerrito, California, or at such other locations as the Oversight Board may from time to time designate by resolution or in the notice of call of any special meeting. In the event that the regular meeting date shall be a legal holiday, then any such regular meeting shall be held on the next business day thereafter ensuing that is not a legal holiday. A notice, agenda and other necessary documents shall be delivered to the members, personally or by mail, at least seventy-two (72) hours prior to the meeting. Section 2. Special Meetings The City Manager of the Successor Agency may, when he or she deems it necessary, and shall, upon written request of four members of the Oversight Board, call a special meeting of the Oversight Board for the purpose of transacting the business designated in the call. The means and method for calling such special meeting shall be as set forth in the Ralph M. Brown Act, California Government Code Section 53950 et seq. (the "Brown Act"). ---PAGE BREAK--- Section 3. Adjourned Meetings Agenda Item No. S(C) Exhibit A Any meeting of the Oversight Board may be adjourned to an adjourned meeting without the need for notice requirements of a special meeting, provided the adjournment indicates the date, time and place of the adjourned meeting. Oversight Board members absent from the meeting at which the adjournment decision is made shall be notified by the Chairperson of the adjourned meeting. In adjourning any meeting, there shall be compliance with all procedures of the Brown Act. Section 4. All Meetings to be Open and Public All meetings of the Oversight Board shall be open and public to the extent required by law. All persons shall be permitted to attend any such meetings, except as otherwise provided by law. Section 5. Posting Agendas/Notices The Secretary, or his/her authorized representative, shall post an agenda for each regular Oversight Board meeting or a notice for each special Oversight Board meeting containing a brief description of each item of business to be transacted or discussed at the meeting together with the time and location of the meeting. Agendas/notices shall be posted at El Cerrito City Hall, El Cerrito, California (a location readily accessible to the public) at least seventy-two (72) hours in advance of each regular meeting and at least twenty-four (24) hours in advance of each special meeting. All notices required by law for proposed actions by the Oversight Board shall also be posted on the Successor Agency's internet web site or the Oversight Board's internet web site, if one exists. Section 6. Right of Public to Appear and Speak At every regular meeting, members of the public shall have an opportunity to address the Oversight Board on matters within the Oversight Board subject matter jurisdiction. Public input and comment on matters on the agenda, as well as public input and comment on matters not otherwise on the agenda, shall be made during the time set aside for public comment; provided, however, that the Oversight Board may direct that public input and comment on matters on the agenda be heard when the matter regularly comes up on the agenda. The Chairperson may limit the total amount of time allocated for public discussion on particular issues and/or the time allocated for each individual speaker. Section 7. Non-Agenda Items Matters brought before the Oversight Board at a regular meeting which were not placed on the agenda of the meeting shall not be acted upon by the Oversight Board at that meeting unless action on such matters is permissible pursuant to the Ralph M. Brown Act (Gov. Code §54950 et seq.). Those non-agenda items brought before the Oversight Board which the Oversight Board determines will require Oversight Board consideration and action and where Oversight Board action at that meeting is not so authorized shall be placed on the agenda for the next regular meeting. ---PAGE BREAK--- Section 8. Quorum Agenda Item No. S(C) Exhibit A The powers of the Oversight Board shall be vested in the members thereof in office from time to time. A majority of the total membership of the Oversight Board shall constitute a quorum for the purpose of conducting the business of the Oversight Board, exercising its powers and for all other purposes, but less than that number may adjourn the meeting from time to time until a quorum is obtained. An affirmative vote by a majority of the total membership of the Oversight Board shall be required for approval of any questions brought before the Oversight Board. Section 9. Minutes Minutes of the meetings of the Oversight Board shall be prepared in writing by the Secretary. Copies of the minutes of each Oversight Board meeting shall be made available to each member of the Oversight Board and the Successor. Approved minutes shall be filed in the official book of minutes of the Oversight Board.