HomeMy WebLinkAbout14 APPOINTMENT OF REPLACEMENT SUCCESSOR AGENCY BOARD MEMBER Agenda Item 1 4
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MEETING DATE: JULY 7, 2015
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JEFFREY PARKER, CITY MANAGER
SUBJECT: APPOINTMENT OF REPLACEMENT SUCCESSOR AGENCY BOARD
MEMBER
SUMMARY:
This item is to consider the appointment of a replacement Board member of the
Successor Agency to the Tustin Community Redevelopment Agency to replace resigning
member Rebecca Gomez.
RECOMMENDATIONS:
It is recommended that the Board of the Successor Agency:
1. Enter the June 17, 2015 resignation letter submitted by former Successor Agency
Board Member Gomez into the minutes of the Successor Agency, recognizing and
confirming that the effective date of the resignation of June 17, 2015; and
It is recommended that the City Council:
2. Either:
a. Appoint a replacement member to serve on the Board of the Successor Agency
to the Tustin Community Redevelopment Agency; or
b. Alternatively, provide direction regarding the process by which the Council will
select the replacement Board member.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
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APPOINTMENT OF REPLACEMENT MEMBER OF SUCCESSOR AGENCY BOARD
July 7, 2015
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CORRELATION TO STRATEGIC PLAN:
Consideration of the appointment of the next Successor Agency Board member would be
consistent with Strategic Plan Goal E.2., by "creating a succession plan for all parts of the
organization that enables the City to cultivate and grow leadership."
BACKGROUND AND DISCUSSION:
Successor Agency Board member Rebecca Gomez submitted her letter of resignation
from the Successor Agency Board effective June 17, 2015 at 5:00 p.m. (The letter of
resignation is attached hereto as Attachment A.) Under California law, the City Council is
vested with authority to appoint a replacement to the Board who is "an elector of the city"
to serve out the term of the replaced member.
The Successor Agency is requested to enter the letter of resignation into the minutes of
the Successor Agency, and the City Council is requested to appoint a replacement Board
member or to provide direction regarding the process the Council by which the Council
would like to select the replacement.
Analysis
California Health and Safety Code Section 33200(a) provides:
"If a member of a legislative body of a city...does not wish to serve on the
[redevelopment] agency, the member may so notify the legislative body of the
city..., and the legislative body of the city...shall appoint a replacement who is an
elector of the city...to serve out the term of the replaced member."
In 2011, the State Legislature enacted AB 1X26, dissolving in 2012 all redevelopment
agencies (RDAs) in the State and replacing the redevelopment agencies with "successor
agencies" to wind down the affairs of the former RDAs. In Tustin, the Successor Agency to
the Tustin Community Redevelopment Agency ("Successor Agency") serves in that role.
In 2014, the California Attorney General issued a formal opinion concluding that a city
council member may still resign from a successor agency board, and that the individual
may do so without resigning from the city council. In this case, Council member Gomez's
resignation letter applies only to her role on the successor agency, and she remains a
member of the City Council.
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APPOINTMENT OF REPLACEMENT MEMBER OF SUCCESSOR AGENCY BOARD
July 7, 2015
Page 3
Thus, pursuant to Health and Safety Code section 33200, the City Council "shall appoint a
replacement" to the Successor Agency Board to serve out the remainder of Board member
Gomez's term. The only parameter established by the Health and Safety Code is that the
replacement must be "an elector of the city".
An "elector of the City" is one who is qualified to vote in the City, whether or not he or she is
actually registered to vote or has actually voted in the City. Thus, an individual who is at
least the minimum age to vote and who is not otherwise disqualified from voting could be
appointed to complete the term on the Successor Agency.
Alternatives
The City Council could has the following alternatives available to it at this meeting:
1. Discuss and decide upon an appointment; or
2. Provide direction regarding how the Council would like to proceed to consider the
appointment. Among the possibilities are:
A. Solicit applications from interested individuals and return to a future meeting of
the Council with all the candidates' applications prior to appointment; or
B. Solicit interest from individuals and schedule a Council meeting to conduct
interviews of the candidates prior to appointment; or
C.Appoint an ad hoc committee of the Council to evaluate potential candidates
and make a recommendation to the Council for appointment at a future meeting.
Attachment:
A. June 17, 2015 Letter of Resignation
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APPOINTMENT OF REPLACEMENT MEMBER OF SUCCESSOR AGENCY BOARD
July 7, 2015
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Attachment A
Rebecca R. Gomez
CITY 0? TticYIV
June 17,2015 1815 JUN I l P 5: 1 0
Jeffrey Parker,City Manager/City Clerk
Charles E.Puckett,Mayor
John Nielsen,Mayor Pro Tern
Al Murray,Councilmember
Allan Bernstein,Councilmember
Dear Mr. Parker, Mayor Puckett, Mayor Pro Tem Nielsen and Councilmembers Murray and
Bernstein:
Pursuant to California Health & Safety Code 33200(a), I am notifying you that, for personal
reasons, I no longer wish to serve as a member of the Successor Agency to the Tustin
Community Redevelopment Agency. With regret, I hereby resign as a member of the Successor
Agency to the Tustin Community Redevelopment Agency Board effective June 17,2015 at 5:00
pm.
I will continue to serve in my capacity as a member of the Tustin City Council.
Respectfully,
-Re ca R Gomer.
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