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Home My WebLink About2004-05-10 City Council (3)City City of Palo Alto Manager’s Report. TO: FROM: HONORABLE CITY COUNCIL R-I CITY MANAGER DEPARTMENT: CITY MANAGER DATE: SUBJECT: MAY 10, 2004 CMR: 216:04 RECOMMENDATIONTO AMEND THE BY-LAWS OF THE PALO ALTO REDEVELOPMENT AGENCY TO CHANGE THE REDEVELOPMENT ANNUAL MEETING FROM THE FIRST MEETING IN JANUARY TO A DATE TO BE DETERMINED ANNUALLY WITHIN THE LAST QUARTER OF THE CALENDAR YEAR RECOMMENDATION Staff recommends that the by-laws of the Palo Alto Redevelopment Agency be amended to change the Redevelopment Agency Annual meeting time from the first meeting in January to a meeting to be scheduled annually within the last quarter of the calendar year. BACKGROUND California redevelopment law requires that redevelopment agencies .hold an ar~nual meeting. The by-laws of the Palo Alto Redevelopment Agency specify that this meeting must be held during the first City Council session of the year. The first meeting of the calendar year is tr_aditionally the City Council meeting at which time the Mayor and Vice Mayor are elected, the prior year’s Mayor and outgoing Council Members are recognized, and new City Council members are seated. Although a Consent Calendar may also be scheduled, Council has requested that the Redevelopment Agency meeting be moved to another night. DISCUSSION Staff recommends that the date of the Palo Alto Redevelopment Agency Annual Meeting be changed in the by-laws of the Redevelopment Agency from the first meeting of the calendar year to ca time to be determined annually within the last quarter of the calendar year. CMR:216:04 Page 1 of 2 Under state law, every redevelopment agency must present an annual report to its legislative body within six months of the end of the agency’s .fiscal year. The legislative body must review the report and take any action which it deems appropriate on the report no later than the first meeting of the legislative body occurring more than 21 days from the receipt of the report. By changing the date of the annual meeting, staff will more easily be able to meet these time frames for presenting the annual report to the Agency for its consideration. PREPARED BY:S SAWN AR0~ Development and Redevelopment Manager EMILSK.~ARRISON, Assis"tant City Manager CMR:216:04 Page 2 of 2 NOT YET APPROVED AGENCY RESOLUTION NO. RESOLUTION OF .THE REDEVELOPMENT AGENCY OF THE CITY OF PALO ALTO AMENDING THE REDEVELOPMENT AGENCY BYLAWS WHEREAS, the City Council of the City of Palo Alto has organized itself~as the Redevelopment Agency of the City of Palo Alto ("Agency"); and WHEREAS, Health & Safety Code section 33125 permits the Agency to make, amend, and repeal bylaws and regulations not inconsistent with, and to carry into effect, the powers and purposes of the Community Redevelopment Law, Health & Safety Code sections 33000, et seq.; and WHEREAS, it is necessary to amend Section 3.01 of the bylaws related to the annual meeting; NOW, THEREFORE, the Redevelopment Agency of the City of Palo Alto does hereby RESOLVE as follows: SECTION i. The amended Bylaws of the Redevelopment Agency of the City of Palo Alto (~Bylaws"), attached as Exhibit "A" to this Resolution and incorporated by this reference, are hereby adopted. SECTION 2. The Agency finds that this is not a project under the California Environmental Quality Act ("CEQA" Therefore, no environmentalassessment is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST:APPROVED: Secretary APPROVED AS TO FORM: Chairperson General Counsel 040414 sm 0053606 NOT YET APPROVED EXHIBIT "A" BYLAWS OF THE REDEVELOPMENT AGENCY OF THE CITY OF PALO ALTO ARTICLE i. THE AGENCY Section 1.01. Name of Agency. The official name of the Agency shall be the "Redevelopment Agency of the City of Palo Alto." Section 1.02. Seal of Agency. The seal of the Agency shall be similar in form to the seal of the City of Palo Alto but shall instead bear the name of the Agency~ and the day, month and year of its organization. Section 1.03. Office of Agency and Place of Meeting. The office of the Agency shall be at City Hall, 250 Hamilton Avenue, Palo Alto, California. The Agency meetings shall be held in the City Council Chambers, 250 Hamilton Avenue, Palo Alto, California. Section 1.04. Powers. The powers of the Agency shall be vested in the members then in office, who reserve to themselves the right to delegate by resolution such powers as may be appropriately delegated by law. Section 1.05. Members. The members of the Agency shall be the members of the City Council of the City of Palo Alto. ARTICLE 2.OFFICERS Section 2.01. Officers. The officers of the Agency shall be a Chairperson and a Vice-Chairperson. .Other officials acting as its staff shall be an Executive Director, Secretary, Finance Director and General Counsel. Section 2.02. Chairperson. The Chairperson of the Agency shall be the Mayor of the City of Palo Alto. The Chairperson shall preside at all meetings of the Agency. Except as otherwise authorized by resolution of the Agency or the provisions of these Bylaws, the Chairperson shall have the same duties as prescribed for the Mayor of the City of Palo Alto in the Palo Alto Charter and Municipal Code, including, by way of example, making committee appointments with the consent of the Agency, signing all contracts, deeds and other instruments made by the Agency, and representing the Agency at official and ceremonial functions. 040414 sm 0053606 NOT YET APPROVED Section 2.03. Vice-Chairperson. The Vice Chairperson shall be the Vice-Mayor of the City of Palo Alto. The Vice- Chairperson shall perform the duties of the Chairperson in the absence or legal incapacity of the Chairperson in the same manner provided for the Vice-Mayor in the Palo Alto Municipal Code. Section 2.04. Executive Director. The Executive Director shall be appointed by the Agency and shall serve an indefinite term at the pleasure of the Agency. The Executive Director Shall have general supervision over the administration of Agency business and affairs, subject to the direction of the Agency. Section 2.05. Secretary. The Secretary shall be appointed by the Agency and shall serve an indefinite term at the pleasure of the Agency. The Secretary shall keep the records of the Agency, act as secretary at meetings of the Agency, record all votes and keep a record of the proceedings of the Agency in a journal of~proceedings to be kept for such purpose, and perform all duties incident to the Secretary’s office. The Secretary shall maintain a duplicate of th@ City Clerk’s record of all official proceedings of the City Council of the City of Palo Alto relevant to the Agency and the redevelopment program. Section 2.06. Finance Director. The Finance Director shall be appointed by the Executive Director and shall serve an indefinite term at the pleasure of the Executive Director. The Finance Director shall.have the care and custody of all funds of the Agency and shall deposit the same in the name of the Agency in such bank or banks as the Agency may select. The Finance Director shall sign all orders and checks for the paymen[ of money and shall pay out and disburse monies under the digection of the Agency. The Finance Director shall keep regular books of account, showing receipts and expenditures, and shall render to the Agency at each regular meeting, or more often when requested, an account of transactions and the financial conditions of the Agency. The Finance Director shall give a bond for faithful performance of the Finance Director’s duties as the Agency may determine. Section 2.07. General Counsel. The General Counsel shall be appointed by the Agency and shall serve an indefinite term at the pleasure of the Agency. The General Counsel shall be the chief legal officer of the Agency. The General Counsel shall draft or assist in the drafting of all proposed resolutions, laws, rules, contracts, bonds and other legal documents for the Agency. All p~oposed resolutions, laws, rules, contracts, bonds and other legal documents shall be approved as to form by the General Counsel before being approved by the Agency. The 040414 sm 0053606 NOT YET APPROVED General Counsel shall give advice or opinions in writing to the Agency whenever requested to do so by majority vote of the Agency, the Executive Director, Finance Director or Secretary. The General Counsel shall represent the Agency to all administrative proceedings, lawsuits and other matters to which the Agency is a party or in which the Agency may be legally interested. Section .2.08. Compensation. The members of the Agency shall receive such compensation as the City Council prescribes, but said compensation shall not exceed Thirty Dollars ($30.00) per member for each meeting of the Agency attended by the member. No member shall receive compensation for attending more than four (4) meetings of the Agency during .any calendar month. In addition, members shall receive their ~actual and necessary expenses, including traveling expenses incurred in the discharge of their duties. Section 2.09.. 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 or the Bylaws or rules and regulations of the Agency. Section 2.10. Election or Appointment of Officers. Officers other than Chairperson and Vice-Chairperson shall be appointed at the annual meeting of the Agency and shall serve an indefinite term at the pleasure of the Agency. Section 2.11. Absences and Vacancies. In the temporary absence of the Chairperson and Vice-Chairperson, the Agency members shall elect a member present as temporary Chairperson for the purpose of conducting meetings and performing the~duties of the Chairperson. Should the offices of Chairperson or Vice Chairperson become vacant, the Agency shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of the vacant office. Should any office other than Chairperson or Vice-Chairperson become vacant, the Agency shall appoint a successor within a reasonable time or by resolution determine that such office shall remain vacant for a definite or indefinite period of time. Section 2.12. Additional Personnel. The Agency, Executive Director, Secretary and General Counsel may from time to time appoint or employ such personnel as they may deem necessary to exercise the powers, duties and functions prescribed by the California Community Redevelopment Law, Health & Safety Code sections 33000, et seq., and all other applicable laws of the State of California. The selection, duties and compensation of such personnel shall be determined as provided by the Agency 3 040414 sm 0053606 NOT YET APPROVED personnel rules and regulations, State of California. subject to the laws of the ARTICLE 3. MEETINGS Section 3.01. Annual Meeting. The annual meeting of the Agency shall be held on a date to be determined annually within the last Quarter of the calendar year the first ~- in the City Council Chambers, 250 Hamilton Avenue, Palo Alto, California T_ ~ ~ .... ~ ~ ,~ ~7 7 ~ ~ 7 ~7 ~7 4 ~.~ ~7 ~4~ ~7 7 ~ ~7 ~ ~ ~ Section 3.02. Special Meetings. The Chairperson of the Agency may, when it is deemed expedient, and shall, upon the written request of a majority of the members of the Agency, call a speci-al meeting of the Agency for the purpose of transacting the business designated in the call. At the special meeting, no business shall be considered other than as designated in the notice calling the special meeting. Section 3.03. Posting Agendas/Notices. The Secretary shall post an agenda for each regular or special Agency meeting in the manner provided by the Ralph M. Brown Act, Government Code sections 54950, et s~q. The Secretary shall maintain a record of such posting. Section 3.04. Meeting Procedures. Agency meetings shall be conducted in conformity with Chapter 2.04 of the Palo Alto Municipal Code and the Palo Alto City Council’s Handbook of Procedural Rules (PAMC, § 2.04.100) shall be the Agency’s Rules of Procedure except as otherwise expressly provided in these Bylaws. ARTICLE 4. AMENDMENTS Section 4.01. Amendments to Bylaws. The Bylaws of the Agency may be amended by the Agency at any regular or special meeting by majority vote. ARTICLE 5.CONFLICTS OF INTEREST Section 5.01. Financial and Other Conflicts of Interest. Conflicts shall be determined and governed by a Conflict of Interest Code to be adopted by the Agency and approved by the City Council. 040414 sm 0053606