HomeMy WebLinkAboutReso 2004-383
RESOLUTION NO. 2004-383
(AGENCY RESOLUTION NO. 1900)
JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA (I) AUTHORIZING THE FORMATION OF A 501C3
PUBLIC BENEFIT CORPORATION FOR PURPOSES OF
CONDUCTING REDEVELOPMENT AND PLANNING
ACTIVITIES; (2) DIRECTING STAFF TO PREPARE
NECESSARY LEGAL DOCUMENTS NEEDED FOR THE
501C3 FORMATION; (3) APPROPRIATING FISCAL YEAR
2004/2005 OPERATING BUDGET AND COMPENSATION
SCHEDULE FOR THE 501C3 BOARD OF DIRECTORS; AND
(4) DIRECTING CITY STAFF AND THE CITY ATTORNEY
TO REPORT BACK TO THE CITY COUNCIL BY APRIL 2005
WITH DRAFT LEGAL AND OPERATING DOCUMENTS
WHEREAS, on February 3, 2004, the City Council and Redevelopment Agency directed
staff and consultants to prepare an analysis and discussion paper on the creation of a 501c3
Corporation; and
WHEREAS, two facilitated workshops were held on the formation of a 501c3
Corporation; and
WHEREAS, a report evaluating four 501c3 Corporation structural alternatives was
prepared; and
WHEREAS, on November 23, 2004, a staff report was presented to Council that was
built upon the conclusions and recommendations from the workshops.
NOW, THEREFORE, BE IT RESOLVED that the City Council and the Redevelopment
Agency of the City ofChula Vista do hereby:
1. Authorize the formation of a 501c3 Public Benefit Corporation for purposes of
conducting redevelopment and planning activities.
2. Direct staff to prepare necessary legal documents needed for the 501c3 formation,
including but not limited to Articles of Incorporation, Bylaws, and Amendments to City
ordinances that contain but are not limited to the terms shown on Exhibit A attached
hereto.
3. Appropriate $100,000 for the preparation of formation documents and for the
initial period of operation in Fiscal Year 2004/2005.
4. Establish a compensation schedule for 501c3 board members at $750 per month
and $1,500 per month for the Board Chair.
BE IT FURTHER RESOLVED that the name selected for the 501c3 is the Chula Vista
Redevelopment Corporation.
Resolution 2004-383
Page 2
Presented by
Approved as to form by
aurie Madigan
Co ity Development Director
Æ
~
Ann Moore
C Attorney/Agenc
PASSED, APPROVED, and ADOPTED by the City Council and the Redevelopment
Agency of the City of Chula Vista, California, this 23rd day of November, 2004, by the
following vote:
AYES:
Agency/Councilmembers: Davis, Rindone, Salas and Padilla
NAYS:
Agency/Councilmembers: None
ABSENT:
Agency/Councilmembers: McCann
ATTEST:
~
- ~ 1.1.1 t:L-.. í.---"'S ~ 1 Q
Susan Bigelow, MMC, City erk
.J
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
)
)
)
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing City
Council Resolution No. 2004-383/Redevelopment Agency Resolution No. 1900 was duly
passed, approved, and adopted by the City Council and Redevelopment Agency at a regular
meeting held on the 23rd day of November, 2004.
Executed this 23rd day of November, 2004.
"";.- ";jJ.L&.,r)~~~
Susan Bigelow, MMC, City Clerk
Resolution No. 2004-383
Page 3
Exhibit A
Requirements of Key Documents for the "Chula Vista Redevelopment Corporation" A
Public Benefit Corporation
1. The City Altomey is directed oversee the preparation all necessary legal
documents including but not limited to Articles of Incorporation, formation of a
SO 1 c3 "Corporation" for the following public purposes:
i. To carry out all City planning and redevelopment activities within all
designated territories established by resolution or ordinance of the City
Council:
1. All Planning Commission functions and responsibilities
2. All Design Review Commission responsibilities
3. All Enviranmental Review Commission responsibilities
4. All delegable Redevelopment Agency responsibiljties and
authorities;
2. City staff is directed to prepare and submit Articles of Incorporation to Federal and
State agencies to include the following:
a. The name of the Non-profit Corporation shall be "The Chula Vista
Redevelopment Corporation."
b. The statement" This Corporation is 0 non-profit public benefit corporation
and is not organized for the private gain of any person. It is organized under
- _ the Nonprofit Benefit Corporation Law for public purposes."
c. - The Chula Vista Redevelopment Corporation is located at 245 Fourth Avenue,
Chula Vista, CA 91910;
d. The Initial Directors shall be the City Council of the City of Chula Vista;
3. City Staff is directed to prepar';-.a city ordinance designating to the "Carporation"
all of the powers and authorities to carry out City redevelopment activities and
subdivision, planning and zoning activities within the prescribed territories.
4. City staff is directed to prepare by-laws for the day to day operation of the
"corporation" to include the following:
a. Board of Directors
I. The permanent Board of Directors shall consist of nine (9) members
with the following requirements for appointment by the City Council to
the Corporation Board:
1. Mayor ofthe City of Chula Vista
2. Vice mayor ofthe City of Chula Vista
3. Three Council members of the City of Chula Vista
4. One member from the public who meets criteria for "orchitect "
S, One member from the public who meets criteria for" real
estate development or business"
6. One member from the public who meets criteria for "land
planner or engineering expert"
7. One member who is a resident the City of Chula Vista who
meets any of the above criteria.
II. The Mayor of the City of Chula Vista sholl serve as the Chairman of the
Board of Directors of the Corporation;
Resolution No. 2004-383
Page 4
iii. The terms of office for appointed members from the Public shall be
four years with staggered terms.
iv. Board members shall be entitled to compensation for expenses
incurred and monthly stipends.
v. Authority to remove of Board Members shall rest solely with the City
Council
b. Staffing
I. The By-laws shall establish the following:
1. The Chief Executive Officer (CEO) of the Corporation shall be
the Director of the City's Community Development Department;
2. The General C~unsel to the Corporation shall be the City
Attorney;
3. . The Chief Financial Officier (CFO) of the Corporation shall be
the City's Finance Director;
4. The Corporation's day to day staffing will be the Community
Development Department and other relevant city staff as
determined by the Corporation's CEO.
c. Budgeting and Financing
i. The Corporation shall prepare a budget request in the same manner
and time requirements as City Departments for annual review and
approval by the Redevelopment Agency.
II. The City shall provide initial funding for the establishment of the
Corporation based upon a Start~up date of March 1, 2005.
1. The City shall appropriate $100,000 for start-up legal,
financial costs and operational costs for the first three months
of operations.
2. The CEO shall prepore a proposed annual budget for FY2005-
06
d. Adherence to all Open Meeting Requirements and Political Conflict of Interest
Laws
i. The Corporation shall comply with all requirements of the "Brown Act"
ii. The Corporation shall comply with the provisions of the California
Political Reform Act