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HomeMy WebLinkAboutRDA Reso 1986-0716 RESOLUTION NO. 716 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING THE REDEVELOPMENT AGENCY'S BYLAWS TO ALLOW COMPENSATION FOR MEETINGS HELD ON THE SAME DAY AS CITY COUNCIL MEETINGS, AND TO STATE THE DAYS AND PLACES MEETINGS ARE TO BE HELD The Redevelopment Agency of the City of Chula Vista does hereby resolve as follows: WHEREAS, the member s of the Redevelopment Agency heretofore requested that the bylaws of the Agency be revised to allow its members to be compensated for Agency meetings held on the same day as City Council meetings and to designate the date and place of such meetings, and WHEREAS, said revisions attached hereto as Exhibit "A" reference as if set forth in full. have and been prepared and incorporated herein are by NOW, THEREFORE, Redevelopment Agency that same are hereby adopted. BE IT RESOLVED by the Chula vista said revised Agency bylaws be, and the Approved as to form by r , Community Director CiA ~ _ Ann Moore, Attorney -ntL~ Deputy Agency 1881a ADOPTED AND APPROVED BY THE CHULA VISTA REDEVELOPMENT AGENCY, this 19th day of August, 1986, by the following vote, to-wit: AYES: Membe rs Malcolm, Moore, Campbe 11, Cox Noes: Membe rs McCandliss Absent: Members None " ATTEST: Agency STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss: CITY OF CHULA VISTA ) I, Paul G. Desrochers, Secretary to the Redevelopment Agency of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 716 and that the same has not been amended or repealed. \ DATED: Sec reta ry SEAL EXHIBIT "A" It is proposed to amend Section 2.10 of the bylaws as follows (proposed change is lined out): 2.10 Compensation - The Chairman and Members shall receive as compensation the sum of $30.00 for ech regular, special or adjourned meeting attended, W/JJY/f/#i#W/ti/;#mirtIW/#:~tJ:ltrA~ except that the Chariman and Mewbers shall not be compensated for attending more than four meetings of the Agency during any calendar month. It is proposed to amend Section 3.01 of the bylaws as follows (proposed change is underlined: 3.01 Regular Meetings - The Agency Mewbers shall held regular meetings twice each month on the first Thursday and third Thursday, respectively, and at such time s the Agency may by minute order from time-to-time determine, and may adjourn or re-adjourn any regular meeting to date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meetings shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment such meeting shall be held at the hour for holding regula meetings. If at any time any regular meeting falls on a holiday such regular meeting sdhall be held on the next business day. It is proposed to amend Section 3.03 as follows (proposed change is underlined) : 3.03 Place of Meetings - All meetings shall be held either in the Council Chambers of the Public Services Building or in the Council Conference Room of the City Hall and shall be open to the public. If , by reason of fire, flood or other emergency it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such pIce as is designated by the Chairman, or, if he should fail to act, by three mewbers of the Agency. A copy of the bylaws is attached for reference. 1883a 1/ G- BY-LAWS, RULES AND REGULATIONS FOR TilE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ARTICLE I - THE AGENCY 1.01 Name of Agency - the name of the Agency shall be the "Redevelopment Agency of the City of Chula Vista, California" in accordance with the City Council Ordinance No. 1425 dated October 24, 1972. 1.02 Offices of the Agency - The offices of the Agency shall be within the Civic Center of the City and at such other additional locations as may from time-to-time be determined by the Agency. 1.03 Agency Seal - The Seal of the Agency, which shall be used on all instruments requiring the Agency seal shall be kept in the custody of the Agency SecretalY anli shall be in the following form: ARTICLE II - OFFICERS 2.01 Officers - The Agency shall have the following officers: a. Chairman b. Chairman Pro Tempore c. Members d. Executive Director e. Secretary f. Treasurer -1- 1/" ! ' , 2.02 Chairman - The Chairman shall be the Mayor of the City who shall preside at all meetings of the Agency and execute all instruments of the Agency. 2.03 Chairman Pro Tempore - The Council person designated by the Council as Mayor Pro Tempore shall be the Chairman Pro Tempore and shall perform the duties of the Chairman during his absence or disability. 2.04 Members - The Agency Members (governing board) shall be the members of the City Council. 2.05 Executive Director - The Executive Director shall be the duly ap- pointed and acting City Manager of the City. The Executive Director shall be responsible for the day to day administration of the Agency and shall provide the Agency Members with such reports and information as they may request or as the Executive Director may deem necessary for the Agency Members to effectively govern the business affairs and policies of the Agency. 2.06 Secretary - The City Clerk of the City of Chula Vista or such other person as designated by the Agency, shall serve as the Secretary of the Agency. The Secretary shall be responsible for the records of the Agency and shall act as Secretary of the meetings of the Agency and report all votes and shall keep a record of the proceedings of the Agency and the journal of pro- ceedings to be kept for such purpose and shall perform all duties incident to this office. 2.07 Treasurer - The Director of Finance of the City of Chula Vista shall be the Agency Treasurer and shall have the same duties and powers as pre- 1/~ -2- scribed in Section 505 of the City Charter.- 2.08 Terms of Office - The terms of of rice or the Chairman and Members shall correspond with their terms of office as Mayor and Council members, respectively. The terms of office of the Executive Director, Secretary and Treasurer shall correspond with the period or time said officers are serving as City Manager, City Clerk or other designated person, and Director of Finance, respectively. 2.09 Additional - The officers of the Agency shall perform such other duties and functions as may from time-to-time be designated by the Agency Members. 2.10 Compensation - The Chairman and Members shall receive as compensation the sum of $30.00 for each regular, special or adjourned meeting attended held separate from Council Meetings except that the Chairman and Members shall not be compensated for attending more than four meetings of the Agency during any calendar month. 2.11 Expenses - The officers shall be reimbursed for such necessary expenses as they incur in the business of the Agency. ARTICLE III - AGENCY MEETINGS 3.01 Regular Meetings - The Agency Members shall hold a regular meeting once each month on such day and at such time as the Agency may by minute order from time-to-time determine, and may adjourn or re-adjourn any '~0 -3- regular meeting to date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meating is adjourned is not stated in the order of adjournment such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. 3.02 Special Meetings - Special meetings may be called at any time by the Chairman, or by three members of the Agency by written notice delivered personally to each member at least three hours before the time specified for the proposed meeting. A special meeting may also be validly held if all members shall give their consent, in writing, to the holding of such meeting and such consent is on file in the office of the Secretary at the time of holding such meeting. A telegraphic communication from a Member consenting to the holding of a meeting shall be considered a consent in writing. At any special meeting only such matters may be acted upon as are referred to in such written notice or consent. 3.03 Place of Meetings - All meetings shall be held in the Council Chambers of the City Hall and shall be open to the public. If, by reason of fire, flood or other emergency it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place as is designated by the Chairman, or, if he should fail to act, by three members of the Agency. -4- 1/(: 3.04 Meeting Procedure - The provisions of Chapter 2.04 of the Chula Vista Municipal Code, insofar as the same are not inconsistent with any provision of these by-laws or the Community Redevelopment Law, shall govern the procedures for the conduct of meetings of the Agency Members. ARTICLE IV - PERSONNEL 4.01 City Employees - The City shall provide the Agency with the services.of such City officers and employees as are necessary pursuant to the Cooperative Agreement entered into by and between the City and the Agency on February 5, 1974, as said agreement now exists or may from time- to-time be amended. 4.02 Agency Employees - The Agency may, from time-to-time, employ and/or retain by formal agreement, such personnel as it deems necessary to excercise its powers, duties and functions as prescribed by the Community Redevelopment Law, as amended, of the State of California and all other laws of the State applicable thereto, subject only to the budget limitations of the Redevelopment Agency Administrative Fund. 4.03 Recruitment and Certification - The Executive Director of the Agency shall, at the direction of the Agency Members, recruit and recommend such persons as he deems competent to. fill positions and provide services as required for carrying out the purposes of the Community Redevelopment Law. 4.04. Employment - Terms - Any person(s) recommended for employment by the Executive Director shall not be deemed employed or retained except y,t, " / i6 -5- upon a majority vote of the Members of the whole Agency; they shall serve at the pleasure of the Agency and may be removed by a majority vote of the Agency at any time. Any such removal shall be considered as final and conclusive. 4.05 Dismissal - Reasons for dismissal shall include, but not be limited to: Conviction of a felony, or a crime involving moral turpitude; con- f1icts of interest, misuse of funds, inefficiency, neglect of duties, and/or any violation of the provisions of the "Manual of the Code of Ethics of the City of Chu1a Vista, California". 4.06 Agency Employees Not Part of Civil Service - Employees of the Agency shall not be eligible for participation in the City Civil Service structure. Periods of emplo)~ent by the Agency shall not be applicable toward com- pleteion of probationary period requirements in the event of future employ- ment by the City of Chula Vista. 4.07 Statement of Equal Employment Opportunity - No person seeking emp1oy- ment with the Agency shall be denied such opportunity upon the basis of his or her races color, creed, national origin, ancestry, or sex. ARTICLE V - FISCAL YEAR 5.01 Fiscal Year - The fiscal year of the Agency shall be from July 1st to the following June 30th. ARTICLE VI - AMENDMENTS 6.01 Amendments to Rules and Regulations - These rules and regulations may be amended by a majority vote of the whole Agency, provided that any proposed ,(e .1 c' , .~ _f._ amendments shall have been filed with the Secretary and read in open meetings at least one month prior to their adoption. -7- { i 'iC REDEVELOPMENT AGENCY AGENDA srATEMENT Item 4 Meeting Date 8/19}86 ITEM TITLE: 716 Resolution - Amending Redevelopment Agency Bylaws to Allow compensation for Meetings held on the Same Day as City Council Meetings, and to State the Days and Places Meetings are to be Held Deputy Agency Attorney ~\1i'\ ' SUBMITTED BY: (4/5ths Vote: Yes_No~) Staff was directed at the August 7, 1986 Redevelopment Agency meeting to identify the appropriate method by which Agency members could be compensated for attending meetings that are held on the same day as City Council meetings. The current bylaws under which the Redevelopment Agency was created does not allow for the compensation of its members for meetings held on the same day as City Council meetings. The proposal will amend the bylaws to allow for compensation of all meetings attended by Agency members not to exceed four meetings a month as specified by state law. Pursuant to the Health and Safety Code 533114.5, the legislative body of a City may be compensated a total of $30.00 each meeting for a maximum of four meetings per month. In addition, section 3.01 and section 3.03 of the Redevelopment Agency bylaws should also be amended to state the days and places in which the Agency meetings are to be held. This would allow regular meetings to be held without having to be properly noticed each time. RECOMMENDATICN : That the Agency adopt the resolution amending the Agency bylaws. BCNmS/COOMISSICNS RECOMMENDATICN: N/A DISCUSSICN: It is proposed to amend Section 2.10 of the bylaws as follows (proposed change is lined out): 2.10 Compensation - The Chairman and Members shall receive as compensation the sum of $30.00 for each regular, special or adjourned meeting attended, '#MY NrNiv'<iW/ft/;;/:V /'I:M#W /"'M~t.J.Y('At except that the Chairman and Merrbers shall not be compensated for attending more than four meetings of the Agency during any calendar month. It is proposed to amend Section 3.01 of the bylaws as follows (proposed change is underlined: 1/10 ;ft, /( " ,. , ,. ;,' Agency Meeting Date: 8/19/86 Page Two 3.01 Regular Meetings - The Agency Members shall hold regular meetings twice each month on the first Thursday and third Thursday, respectively, and at such time as the Agency may by minute order from time-to-time determine, and may adjourn or re-adjourn any regular meeting to date and hour certain which shal,l be specified in the order of adjournment and when so adjourned each adjourned meetings shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. It is proposed to amend Section 3.03 as follows (proposed change is underlined) : 3.03 Place of Meetings - All meetings shall be held either in the Council Chambers of the Public Services Building or in the Council Conference Room of the City Hall and shall be open to the public. If, by reason of fire, flood or other emergency it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such pl ace as is designated by the Chairman, or, if he should fail to act, by three members of the Agency. A copy of the bylaws is attached for reference. FISCAL IMPACT: If the amendments are adopted, the Agency merrbers could be compensated up to $120 per meITber per month. AGENCY AC Ii J,:: Reso;uiion adopted. 1/0