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Home My WebLink AboutRDA Reso 2004-1900 RDA RESOLUTION NO. 2004-1900 (CITY COUNCIL RESOLUTION NO. 2004-383) JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (1) AUTHORIZING THE FORMATION OF A 501(C)3 PUBLIC BENEFIT CORPORATION FOR PURPOSES OF CONDUCTING REDEVELOPMENT AND PLANNING ACTIVITIES; (2) DIRECTING STAFF TO PREPARE NECESSARY LEGAL DOCUMENTS NEEDED FOR THE 501(C)3 FORMATION (3) APPROPRIATING FISCAL YEAR 2004/2005 OPERATING BUDGET AND COMPENSATION SCHEDULE FOR THE 501(C)3 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 501(c)3 Corporation; and WHEREAS, two facilitated workshops were held on the formation of a 501(c)3 Corporation; and WHEREAS, a report evaluating four 501 (c)3 Corporation structural alternatives was prepared; and WHEREAS, on November 23,2004, a staff report was presented to Council which 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 of Chula Vista do hereby: 1. Authorize the formation of a 501(c)3 Public Benefit Corporation for purposes of conducting redevelopment and planning activities. 2. Direct staff to prepare necessary legal documents needed for the 501(c)3 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. 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 501(c)3 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 501(c)3 is the Chula Vista Redevelopment Corporation. RDA Resolution 2004-1900 Page 2 Presented by Approved as to form by - ~~ Ann Moore City Attorney/Agency Counsel PASSED, APPROVED, and ADOPTED by 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 NA YES: Agency/Councilmembers: None ABSENT: Agency/Councilmembers: 2 / 'J:2diL Stephen C. Padilla, Chairman ATTEST: ~ .~~ L{. -t.~ '-cI.v Laurie J. Madigan, Secr STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) ~.., I, Laurie A. Madigan, Secretary of the Chula Vista Redevelopment Agency, do hereby certify that the foregoing Redevelopment Agency Resolution No. 2004-1900/ City Council Resolution No. 2004-383 was duly passed, approved, and adopted by the Redevelopment Agency at a regular meeting held on the 23rd day of November 2004. Executed this 23rd day of November 2004. - RDA Resolution No. 2004-1900 Page 3 Exhibit A Requirements of Key Documents for the "Chula Vista Redevelopment Corporation" A Public Benefit Corporation 1. The Ci1y Attorney is directed oversee the preparation all necessary legal documen1s including but not limited to Articles of Incorporation, formation of a 501 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 Environmental Review Commission responsibilities 4. All delegable Redevelopment Agency responsibilities 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 nome 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 Stoff is directed to prepare a city ordinance designating to the "Corporation" 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-lows for the day to day operation of the "corporation" to include the following: a. Board of Directors l. 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 of the City of Chula Vista 2. Vice mayor of the City of Chula Vista 3. Three Council members of the City of Chula Vista 4. One member from the public who mee1s criteria for "architect " 5. One member from the public who meets criteria for" real estate development or business" 6. One member from the public who mee1s 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 shall serve as the Chairman of the Board of Directors of the Corporation; RDA Resolution No. 2004-1900 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 sholl 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 sholl be the Director of the City's Community Development Department; 2. The General Counsel 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 Deportment 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 some 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 prepare 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 HBrown Act" D. The Corporation shall comply with the provisions of the California Political Reform Act .--.... - -