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Home My WebLink About18 RDA ORDIN - ADDL DUTIES 02-05-07AGENDA REPORT MEETING DATE: FEBRUARY 5,2007 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: DOUGLAS HOLLAND, CITY ATTORNEY SUBJECT: INTRODUCTION OF ORDINANCE ESTABLISHING A COMMUNITY DEVELOPMENT COMMISSION AS THE GOVERNING BODY OF THE TUSTIN REDEVELOPMENT AGENCY SUMMARY The proposed ordinance would establish a community development commission, consisting of the five members of the City Council, as the Tustin Community Development Commission and the governing body of the City's Redevelopment Agency. RECOMMENDATION Introduce by title only and waive reading of the proposed ordinance establishing a community development commission as the governing body of the Tustin Redevelopment Agency. FISCAL IMPACT Minor increase in compensation to be paid to the members of the City Council serving as the Tustin Community Development Commission over the amount paid to the City Council serving as the governing body of the City's redevelopment agency. BACKGROUND The California Community Redevelopment Law provides certain flexibility to city councils in establishing redevelopment agencies and housing authorities. One way is to establish a redevelopment agency. A second way is to establish community development commission that would have the same powers and authority as a redevelopment agency or a redevelopment agency and a housing authority. The City previously established a redevelopment agency. In order to maximize any potential options that may be available under law provided under law, it has been suggested that the City Council establish a community development commission. The proposed ordinance would establish a community development commission and assign to it the authority and responsibility of governing the existing redevelopment agency. This ordinance would not eliminate the current redevelopment agency nor would the action recommended affect any prior action of the redevelopment agency. The City Council would be the Tustin Community Development Commission under the proposed ordinance. Douglas Holland City Attorney ORDINANCE NO. 1330 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTIONS 9500, 9501, 9502, 9503, AND 9505 OF THE TUSTIN CITY CODE RELATING TO DECLARING THE NEED FOR THE ESTABLISHMENT OF A COMMUNITY DEVELOPMENT COMMISSION TO ACT AS THE GOVERNING BODY OF THE TUSTIN REDEVELOPMENT AGENCY The City Council of the City of Tustin, California, ordains: SECTION 1. Section 9500 of the Tustin City Code is amended to read: 9500 NEED DECLARED Recognizing the existence of the redevelopment agency in the City of Tustin as established by California Health and Safety Code Section 33000, the City Council declares that there is a need for the redevelopment agency to function in the City of Tustin. Recognizing further the existence of a community development commission in the City of Tustin as established by California Health and Safety Code Section 34110, the City Council declares that there is a need for a community development commission to function in the City with respect to the redevelopment agency as its governing body and to exercise such other powers regarding community development that the City Council may desire to delegate to the commission subject to such conditions as the City Council may impose. SECTION 2. Section 9501 of the Tustin City Code is amended to read: 9501 REDEVELOPMENT AGENCY CREATED A. The City Council, pursuant to California Health and Safety Code Section 33200, declares itself to be the Tustin Redevelopment Agency, the redevelopment agency of the City, and all the rights, powers, duties, privileges and immunities shall be deemed vested in the City Council as the Agency. B. The City Council, pursuant to California Health and Safety Code Section 34120, declares itself to be the Tustin Community Development Commission, the community development commission of the City and that this Commission shall be the governing body of the Redevelopment Agency of the City, and all the rights, powers, duties, privileges, and immunities shall be deemed vested in the City Council as the Community Development Commission. C. The Tustin Community Development Commission shall not exercise the powers, duties or responsibilities of a housing authority nor shall the Commission operate and govern a housing authority unless the City Council adopts an ordinance amending this Chapter declaring the need for the Commission to function as the housing authority for the community. SECTION 3. Section 9502 of the Tustin City Code is amended to read: 9502 AGENCY NAME The Agency created by this Chapter shall be known as the "Tustin Community Redevelopment Agency," governed by the "Tustin Community Development Commission. " SECTION 4. Section 9503 of the Tustin City Code is amended to read: 9503 COMPENSATION AND EXPENSES OF MEMBERS Each member of the Commission shall receive as compensation Seventy-Five Dollars ($75.00) for each meeting of the Commission attended by the member, provided that no member shall receive compensation for attending more than two (2) meetings of the Commission during any calendar month. In addition, members shall receive their actual and necessary expenses, including travel, incurred in the discharge of their duties as members of the Commission. SECTION 5. Section 1303 of the Tustin City Code is amended to read: 9505 AGENCY POWERS AND FORM OF ACTION The Tustin Community Redevelopment Agency and the Tustin Community . Development Commission shall be vested with all powers as provided by the Community Redevelopment Law and Part 1.7 of Division 24 of the California Health and Safety Code. The Tustin Community Redevelopment Agency and the Tustin Community Development Commission shall take actions by resolution unless otherwise specifically provided under such provisions of law. SECTION 6. The Tustin Redevelopment Agency was established by Ordinance No. 696 of the City Council on October 4, 1976 and shall continue in effect as provided in this Ordinance. Nothing in this Ordinance is intended to affect the establishment of the Tustin Redevelopment Agency, which shall continue and remain in effect on and after the effective date of this Ordinance. All ordinances, resolutions, agreements, and actions of the Tustin Redevelopment Agency shall remain in full force and effect. SECTION 7. The City Clerk shall file a certified copy of this Ordinance with the Secretary of State and the Department of Housing and Community Development. SECTION 8. The provisions of this Ordinance shall become effective at 12:01 am on the thirty-first day after passage or the date. The provisions of this Ordinance shall not become operative until the City Clerk files with the City Council proof of the filing of this Ordinance with the Secretary of State and the Department of Housing and Community Development, whichever occurs last. PASSED, APPROVED, AND ADOPTED this _ day of ____________ 2007. LOU BONE, MAYOR ATTEST: PAMELA STOKER CITY CLERK APPROVED AS TO FORM: DOUGLAS HOLLAND, CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance was passed and adopted at a regular meeting of the City Council held on the _ day of , 2007, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, CITY CLERK