Report Prepared by: Frank Quintero, Deputy City Manager and Director of Economic Development
Title
SUBJECT: Election of Chair and Vice Chair, Adoption of Resolution of Approving Amended and Restated Bylaws, and Appointment of an Executive Director, General Counsel, and Secretary for the for the Merced Successor Agency
REPORT IN BRIEF
In order to function as the Successor Agency for the former Merced Redevelopment Agency, the governing board will need to elect a Chair and Vice Chair, adopt bylaws by Resolution, and appoint an Executive Director, General Counsel, and Secretary for the Merced Successor Agency.
RECOMMENDATION
City Council - Adopt a motion:
A. Nominating and Electing a Chair; and,
B. Nominating and Electing a Vice Chair; and,
C. Approving Resolution Successor Agency Resolution SA 2023-01, A Resolution of the Successor Agency to the Redevelopment Agency of the City of Merced, Approving Amended and Restated Bylaws; and,
D. Appointing an Executive Director in accordance with the Amended and Restated Bylaws; and,
E. Appointing a General Council in accordance with the Amended and Restated Bylaws; and,
F. Appointing a Secretary in accordance with the Amended and Restated Bylaws.
Body
ALTERNATIVES
1. Approve as recommended by Staff; or
2. Approve, subject to conditions as specified by the City Council; or,
3. Refer to staff for reconsideration of specific items as requested by the City Council; or
4. Defer action until a specific date; or
5. Deny the request.
AUTHORITY
Charter of the City of Merced, Section 200; and California Health and Safety Code Section 34171(j) and Section 34173.
CITY COUNCIL PRIORITIES
As adopted in the FY 23-24 Budget
BACKGROUND
On July 3, 2023, the City Council adopted Resolution 2023-57, a Resolution of the City Council of the City of Merced Electing to Serve as the Successor Agency to the Redevelopment Agency of the City of Merced, Pursuant to Health and Safety Code Section 34171(j) and Section 34173 (Attachment 1.) By adopting Resolution 2023-57, the City Council accepted serving as the governing board for the Successor Agency to the former Merced Redevelopment Agency. Successor Agencies were established to manage redevelopment projects currently underway, make payments on enforceable obligations, and dispose of redevelopment assets and properties. Simply put, Successor Agencies are charged with closing out all final business of former Redevelopment Agencies.
Prior to the action taken by the City Council, the former Merced Redevelopment Agency close out was overseen by the Designated Local Authority for the City of Merced Redevelopment Agency. The three-person board was appointed by State of California and supported by consultants. Now, the final responsibility of winding down the former Merced Redevelopment Agency transactions is the responsibility of the local Successor Agency.
Before acting on business items as the Successor Agency, the City Council will need to take the following actions including electing a Chair and Vice Chair, adopt the Amended and Restated Bylaws by Resolution, and appoint an Executive Director, General Counsel, and Secretary.
DISCUSSION
The City of Merced elected to act as the Successor Agency to the Redevelopment Agency of the City of Merced (“Successor Agency”), effective September 17, 2023. As a result, the City Council shall act as the governing board of the Successor Agency.
The Designated Local Authority previously acted as the Successor Agency. In connection with its election to become the Successor Agency, counsel recommends that the Board take certain actions to elect its officers and appoint staff acting on behalf of the Successor Agency consistent with the organizational structure of the City of Merced.
Accordingly, the Board shall take action (without a resolution) to elect a Chairperson and a Vice Chairperson and adopt a Resolution amending and restating the Bylaws (Attachment 2.) Thereafter, the Board shall take action (without a resolution) to appoint a Secretary, Executive Director and General Counsel in accordance with the Amended and Restated Bylaws.
The proposed Resolution amends and restates the Bylaws of the Successor Agency to provide that regular meetings of the Successor Agency will coincide with regular meetings of the City Council and that the organizational structure of the Successor Agency will coincide with that of the City.
Typically, the role of the Chair and Vice Chair are served by the Mayor and Mayor Pro Tempore. Appointments for the Executive Director, General Council, and Secretary generally include the City Manager, City Attorney or Contracted Counsel, and the Assistant City Clerk.
IMPACT ON CITY RESOUCES
There are no fiscal impacts to the City’s General Fund.
ATTACHMENTS
1. Administrative Report of July 3, 2023
2. Resolution SA 2023-01 and Bylaws