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HomeMy WebLinkAboutCVRC Agenda Packet 2006/02/23 !""'" }~%* ~;i;,~;l :- r~f)C' C) 1\< CHUL,,, ViSTA REGULAR MEETING OF THE CHULA VISTA REDEVElOPMENT CORPORATION (CVRe) Thursday, February 23, 2006, 6:00 p.m. COUNCIL CHAMBERS 276 FOURTH AVENUE CHULA VISTA, CA 91910 CALL TO ORDER ROLL CALL Board Members Castaneda, Chavez, Desrochers, Lewis, McCann, Paul, Rindone, Rooney and Chairman Padilla. PLEDGE OF AllEGIANCE, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY 1. Introduction of staff dedicated to CVRC CONSENT CALENDAR (Items 2 through 4) 2. CONSIDERATION OF RESOLUTIONS RELATED TO THE FORMATION OF THE CHULA VISTA REDEVElOPMENT CORPORATION The CVRC became a legal entity on June 15, 2005, upon the filing of the Articles of Incorporation with the State of California. Subsequently, the Incorporator elected the five City Council members as the City-Directors. Since that time Ms. Patty Davis has resigned, and as a result there are currently only four qualified City-Directors. Only those four City-Directors have the authority to vote on resolutions 2.a. through 2.d. After adoption of those four resolutions, all nine directors will be qualified to vote. Staff Recommendation: City-Directors Castaneda, McCann, Rindone, and Chair Padilla adopt the following resolutions a. through d.: CONSENT CALENDAR (contnnlled) a. RESOLUTION OF THE BOARD OF DiRECTORS OF THE CHULA VISTA REDEVElOPMENT CORPORATION APPROVING THE RESIGNATION OF THE INCORPORATOR b. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVElOPMENT CORPORATiON TO RECEIVE AND FiLE ARTICLES OF INCORPORATION c. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING THE BYLAWS OF THE CORPORATION d. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVElOPMENT CORPORATION ACKNOWLEDGING MS. PATRICIA CHAVEZ AS THE FIFTH CITY-DIRECTOR AND MR. PAUL DESROCHERS, MR. CHRIS LEWIS, MR. DOUG PAUL, AND MR. CHRISTOPHER ROONEY AS THE FOUR INDEPENDENT DIRECTORS. 3. CONSIDERATION OF RESOLUTIONS RELATED TO THE FORMATION OF THE CHULA VISTA REDEVElOPMENT CORPORATION The CVRC became a legal entity on June 15, 2005. To complete the formation, associated resolutions must be approved and filed. Staff Recommendation: That the CVRC Board adopt the following resolutions a. through i. establishing the formation of the CVRe. a. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVElOPMENT CORPORATION ElECTING AND ACKNOWLEDGING THE APPOINTMENT OF OFFICERS OF THE CORPORATION b. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVElOPMENT CORPORATION CONFIRMING ANN MOORE AS AGENT FOR SERVICE OF PROCESS c. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVElOPMENT CORPORATION DESIGNATING THE CITY OF CHULA VISTA AS A DEPOSITORY FOR FUNDS OF THE CORPORATION d. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVElOPMENT CORPORATION ADOPTING A CONFLICT OF INTEREST CODE Page 2 of 4 CVRC - Agenda - 02/23/06 e. RESOLUTION OF THE BOARD Of DIRECTORS Of THE CHULA VISTA REDEVHOPMENT CORPORATION AUTHORIZING AND DIRECTING THE SECRETARY TO PROCURE DIRECTORS, AND OFFICERS LIABILITY INSURANCE, AND COMMERCIAL GENERAL LIABILITY INSURANCE f. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVElOPMENT CORPORATION AUTHORIZING AND DIRECTING THE PAYMENT OF EXPENSES OF INCORPORATION g. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVElOPMENT CORPORATION APPROVING THE SEAL OF THE CORPORATION h. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVElOPMENT CORPORATION AUTHORIZING THE OFFICERS OF THE CORPORATION TO MAKE APPLICATION FOR TAX-EXEMPT STATUS AND OTHER NECESSARY AND REQUIRED LEGAL AND CORPORATE FILINGS AND APPLICATIONS ON BEHALF OF THE CORPORATION i. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVElOPMENT CORPORATION DESIGNATING THE PRINCIPAL PLACE OF BUSINESS AS 276 FOURTH AVENUE, CHULA VISTA, CALIFORNIA, 91910 4. CONSIDERATION OF THE RESOLUTION APPROVING THE OPERATING AGREEMENT OF THE CHULA VISTA REDEVElOPMENT CORPORATION AND AUTHORIZING THE CHAIR TO SIGN AND EXECUTE THE AGREEMENT In May 2005, the City Council approved the Operating Agreement. The Operating Agreement formalizes the functions of the CVRC to be provided to the City of Chula Vista and to the Redevelopment Agency. The City and Agency approved the Agreement in May 2005. The CVRC must now approve the Operating Agreement and authorize the Chair to sign and execute the agreement. Staff Recommendation: That the CVRC Board adopt the following resolution: a. APPROVING THE "CHULA VISTA REDEVELOPMENT CORPORATION OPERATING AGREEMENT;" AND AUTHORIZING THE CHAIRMAN TO SIGN AND EXECUTE THE AGREEMENT ITEMS REMOVED FROM THE CONSENT CALENDAR Page 3 of 4 CYRC - Agenda - 02/23/06 PUBLiC COMMENTS Persons speaking during Public Comments may address the CVRC on any subject matter within the CVRC's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the CVRC from taking action on any issue not included on the agenda, but, if appropriatel the CVRC may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. ACTION ITEMS 5. RESOlUTION OF THE BOARD OF DIRECTORS OF THE CHULA ViSTA REDEVElOPMENT CORPORATION 1) ESTABliSHING THE ORDER OF BUSINESS FOR THE CONDUCT OF CVRC MEETINGS; 2) APPROVING THE STAFF REPORT FORMAT; AND 3) APPROVING THE CORPORATION lOGO The proposed formats are consistent with those formats used by the City Council as their order of business and presentation of information. The adoption of the Agenda and Staff Report formats and the logo will be important in the distribution of information and for identifying and branding the CVRe. Staff Recommendation: That the CVRC Board adopt the resolution. OTHER BUSINESS 6. CHIEF EXECUTIVE OFFICER'S REPORTS a. Status of the Recruitment Process for the Chief Executive Officer (verbal report only) b. Three-Month Work Program of Discussion/Workshop Topics 7. CHAIRMAN'S REPORTS 8. BOARD COMMENTS ADJOURNMENT The Chula Vista Redevelopment Corporation will adjourn to its next regularly scheduled meeting on March 9, 2006, at 6:00 p.m., in the Council Chambers. In compliance with the AMERICANS WITH DISABILITIES ACT The Chula Vista Redevelopment Corporation requests individuals who require special accommodations to access, attend, and/or participate in a CVRC meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the Community Development Department for specific information at (619) 691-5047, or Telecommunications Devices for the Deaf (TOO) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 4 of 4 CVRC - Agenda - 02/23/06 CHUlA ViSTA REDEVELOPMENT CORPORATION (CVR.C) C!!flcers David D. Rowlands, Jr. Ch ief Executive Officer Mr. Rowlands was appointed as City Manager of Chula Vista in April 1998 and has 35 years' experience in the public sector: 24 years in county government and 11 years in city government. He began his career in Alameda County and served as the County Administrator in Yolo and San Joaquin Counties. The City Manager's office oversees the day-to-day operations of the City, and is responsible for implementing the policies of the Chula Vista City Council. Mr. Rowlands received his Bachelor of Arts, with a major in Political Science, from Westminster College and a Masters in Public Administration from the University of Washington. Maria Kachadoorian Ch ief Fi nancial Officer Ms. Kachadoorian joined the City of Chula Vista in January 1998 as a Principal Revenue Analyst and in February 2003 was appointed Director of Finance/City Treasurer. As the City's Finance Director and Treasurer, Ms. Kachadoorian oversees and manages the Finance Department and plays a major leadership role in strategically planning for the fiscal viability and integrity of the City and Redevelopment Agency by developing and implementing sound public financing and management practices. She possesses a Bachelor of Science Degree in Accounting and a Masters Degree in Public Administration from San Diego State University and holds a Certified Public Accountant (CPA) certificate. Ms. Moore, who grew up in Chula Vista, was appointed as City Attorney in March of 2003. She has practiced law for 18 years, including 14 years as a municipal attorney for both the City of Chula Vista and the City of San Diego. Ms. Moore oversees seven full-time attorneys and four administrative and support assistants. She received a Juris Doctorate from the University of San Diego School of Law, where she was a member of the San Diego Law Review, and holds a Bachelor of Arts degree from San Diego State University. Ann Moore General Counsel Dana Smith Secretary Ms. Smith was recently hired as the Assistant City Manager for Development Services. In this capacity, Ms. Smith oversees Planning and Building, Engineering and Community Development while maintaining her role as Community Development Director. Her work history includes 19 years in local government including 10 years with the Orange County 1-1 Local Agency Formation Commission (LAFCO), serving nine years as the Agency's Executive Officer. During her tenure with LAFCO, Ms. Smith revamped the organization from a department within Orange County to an independent agency establishing policies and procedures for personnel, finance, strategic planning and use of outside legal counsel and successfully oversaw the incorporation of three new cities in Orange County and the consolidation of 20 special utility districts. Born and raised in Chula Vista, Smith graduated from Hilltop High School. She received a Masters in City Planning from San Diego State University and a Bachelor of Arts in Liberal Studies. cfiuta 'Vista Community :ZJeyelOyment StqJT:ZJedlcatetfto tfie cY:JlC Eric Crockett joined the City of Chula. Vista's Community Development Department in January 2004 as the Redevelopment Manager and has extensive experience in all aspects of redevelopment. Prior to joining the City he spent the better part of eight years in National City as their only redevelopment project manager. In this capacity, Mr. Crockett worked on projects like Education Village, the rehabilitation of the Morgan and Kimball Senior Towers, the Harbor District Specific Area Plan, the National City Marina, the relocation and development of the Cities corporation yard as well as the acquisition and remediation of a number of contaminated sites located throughout the City. He has spent the last four years serving on the California Redevelopment Associations Statewide Brownfields Committee as co-chair of the education/communication subcommittee. In this capacity he is working on education around contaminated property transactions as well as on amendments to various Brownfield legislation. Mr. Crockett is currently responsible for leading all redevelopment activities throughout the City of Chula Vista. Mr. Crockett received a Bachelor of Science' in Criminal Justice Administration from San Diego State University. Ken Lee joined the Community Development team in 2005 as a Principal Community Development Specialist. He brings extensive background and experience to the City in project and program management, legislative analysis, and strategic planning in a variety of local, regional, and state settings. Prior to joining the City of Chula Vista, Mr. Lee spent nearly seven years with the Orange County Local Agency Formation Commission ("LAFCO") as a project manager overseeing complex projects and studies, and coordinating the agency's legislative affairs. Mr. Lee is currently responsible for preparing and coordinating Redevelopment Agency plans and policies, and managing complex projects in coordination with key City Departments, such as Planning & Building, Engineering, and Finance. Mr. Lee received a Bachelor of Science in Environmental Policy Analysis and Planning from the University of California Davis. ~ ~"'," . d ";',~- ,~.\\. " \itif. "~,~1: '~. '~' '~.'.i ',(\ " l~ .,)> .) Diem Do joined the Community Development team in 2000 and is a Senior Community Development Specialist. She brings extensive background and experience to the City in nonprofit project and program management, strategic planning and real estate finance. Prior to joining the City of Chula Vista, Ms. Do spent six years working for various local nonprofit agencies in affordable housing development, 1-2 economic development initiatives and community-initiated projects. Ms. Do is currently responsible for negotiating and managing development projects, providing research and support for the implementation of redevelopment plans, policies and documents and assisting in organizational development activities. She received a Bachelor of Arts in Community Studies from the University of California Santa Cruz and attended the Universidad Nacional Autonoma de Mexico in Mexico City. Janice Kluth joined the Community Development Department in "fl.. ."',' " January 2006 as a Senior Community Development Specialist. Ms. :~_,.,"". Kluth's experience includes 6 years with the development company of Vi., L <\ ~~~;cr~:Ohs~ p~n~~~o~~al~e:esi~sebn~aISr::ilod~st::elo~~~s. ~~dn:C:re~urr~f~f~ .. - - capaCity, s e serves as lalson etween eve opers an Ity sta , moving projects through the development process, works with other Community Development staff to develop policy and plan guidelines, makes presentations to the community and analyzes market studies and proformas to determine the feasibility of and compatibility with the redevelopment vision. Ms. Kluth obtained a Masters degree in Planning from the University of Texas and her Bachelors degree in Communications from the University of Virginia. Leilani Hines is a Senior Community Development Specialist and has been with the City since 1998. She has extensive experience in project and program management, strategic planning and prior to joining the redevelopment team was responsible for_management of affordable housing developments, plans and policies. Prior to joining the City, Ms. Hines worked for the City of Carlsbad managing their federal and state funding and affordable housing programs. Ms. Hines is responsible for working with developers and evaluating proposed development projects in addition to preparing complex planning policy documents. Ms. Hines received her Masters of Urban and Regional Planning from Cal Poly, Pomona and a Bachelor of Arts in Urban Studies from the University of California, San Diego. cliuta Yista Community :DeyefOynzent StqfT- SlfJ7Yort to tlie cY:RC Ann Hix has been the Assistant Director of the Chula Vista Community Development Department since January 2006. She came to the City of Chula Vista after 18 years with the City of San Diego, where she was: a Deputy Director with the Park and Recreation Department, responsible for 24,000 acres of open space parks and 45 maintenance assessment districts; a Program Manager dealing with downtown ballpark, housing and social service issues; and a Principal Planner responsible for development project analysis and environmental review, land use ordinances and policies, and the Multiple Species Conservation Program. She has also worked for the Local Agency Formation Commission as an analyst, and has spent nine years in the private sector working for a land development company, and as an environmental consultant. Ms. Hix is responsible for the day-to-day management of 25 employees in the Housing, Redevelopment, Economic Development, Planning and Administration sections. She graduated with a Bachelor of Arts in Urban Studies from the University of California, San Diego. 1-3 Mary ladiana joined the City of Chula Vista in 2001 and has over 20 years experience in the Planning field. After earning her degree on the east coast she relocated to San Diego and began her career at the City of San Diego in 1984. She spent the next 16 years in various planning capacities, including supervising projects in San Diego's urbanized communities such as Uptown, North Park, Southeast San Diego and Golden Hills, and most notably the Senior Project Manager for the City's award winning Multiple Species Conservation Program (MSCP). Since joining Chula Vista, she has again utilized her skills in the conservation field to facilitate the approval of the City of Chula Vista's MSCP and is now focused on planning efforts related to urban revitalization and providing quality habitat for what she likes to refer to as the latest and greatest "endangered species" - the human species! Ms. Ladiana received a Bachelor of Science in Environmental Resource Management from Penn State University. Denny Stone joined the City as Economic Development Manager in August 2004. He has over 25 years experience in the private sector in marketing, business development, program management and organizational development and has worked at corporations such as- AT & T, General Dynamics and Computer Sciences Corporation. With four staff, Mr. Stone is responsible for citywide business attraction, expansion and retention and related economic development initiatives including the highly anticipated University Park and Research Center. Mr. Stone received a Bachelor of Business Administration from Western Michigan University. :.,~ /' . , ~ . \ 1'. "4\ Amanda Mills joined the City's Community Development Department in 2005 as Housing Manager. Before working for the City, Ms. Mills had already served 12 years in housing as the Assistant Director of the County of San Diego Department of Housing and Community Development and Housing Coordinator "'" ... for the City of Encinitas. During her tenure in local government, she has held roles in housing finance, land use planning, and administrative management. Ms. Mills has been successful in expanding various housing and community development programs ranging from emergency housing to homeownership. In her current role, she leads the City's affordable housing efforts, including long-range planning, funding and project implementation. Ms. Mills holds a Master of Public Administration from San Diego State University and a Bachelor of Arts degree in Sociology from the University of California, San Diego. !'iN .:A"i\k?~t ......~I'......~i.~C'''' i.t'i:>~~>r,"'. ".' /: .", ~i; --:'/J~~~ .,.'...., ,\/~: .... " Otfier cfiuta YlSta City St'!/T - S1!Jl.J7orf to cY:Rc Jim Sandoval has been a City of Chula Vista employee for over seven years and became the Director of Planning and Building two and a half years ago. He has 30 years of Planning and development experience, over 18 of those as a planning or building director. In his current role, Mr. Sandoval oversees a 1 DO-person department with an 11 million dollar 1-4 budget. Under his leadership the Planning and Building Department is responsible for the processing of over 300 development applications each year, Advance Planning, Growth Management, Environmental Review, Building Plan Check and Inspection and Code Enforcement. One of the most recent significant accomplishments is the comprehensive update of the City's General Plan, which along with the Urban Core Specific Plan provides the basis for revitalization of western Chula Vista. Mr.Sandoval is currently chairman of the San Diego County Planning Directors Association and Vice Chairman of SANDAG's Regional Planning Directors Technical Working Group. He is a member of the American Institute of Certified Planners and has a Bachelor of Science in Environmental Planning and Management from the University of California Davis and a Masters in Public Administration from San Diego State University , Alex Ala!:ha is the Director of Engineering/City Engineer. Mr. Alagha brings over 20 years of experience in civil engineering, infrastructure financing and project management to this position. In his current role, Mr. Alagha provides professional advice and technical services to the City Council and the City Manager regarding existing and planned infrastructure. Mr. Alagha received his Bachelor of Science degree in Civil Engineering from the University of Alabama and received his Master of Science Degree in Civil Engineering from San Diego State University. In addition, Mr. Alagha holds a certificate in Project Management from the University of San Diego. 1-5 I\PC : i !~ C-ULt\ ViSTA CVRC Board Staff Report - Page 1 Item No. 2 DATE: February 23, 2006 FROM: CVRC Board of. ~ifectors 0"~ Dana M. Smith, Secretary TO: VIA: i" .ry.' David D. Rowlands, jr:';thief Executive Officer SUBJECT: Approval of Legal and Operating Documents BACKGROUND: The CVRC became a legal entity on June 15, 2005, upon the filing of the Articles of Incorporation with the State of California. Subsequently, the Incorporator elected the five sitting City Council members as the City-Directors. Since that time Ms. Patty Davis has resigned, leaving four remaining City-Directors. Only those four City-Directors have the authority to vote on the following four resolutions. One of these resolutions adopts the Bylaws. Upon the adoption of the Bylaws, Councilwoman Chavez and the four appointed Independent-Directors become qualified members of the Board. RECOMMENDATION: That the original City-Directors Castaneda, McCann, Rindone, and Chair Padilla adopt resolutions a. through d.: a. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVElOPMENT CORPORATION APPROVING THE RESIGNATION OF THE INCORPORATOR b. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION TO RECEIVE AND FILE ARTIClES OF INCORPORATION c. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVElOPMENT CORPORATION APPROVING THE BYLAWS OF THE CORPORATION 2-1 Staff Report - Item No.2 Page 2 d. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION ACKNOWLEDGING MS. PATRICIA CHAVEZ AS THE FIFTH CITY-DIRECTOR AND MR. PAUL DESROCHERS, MR. CHRIS LEWIS, MR. DOUG PAUL, AND MR. CHRISTOPHER ROONEY AS THE FOUR INDEPENDENT-DlREOORS DISCUSSION: A summary of each resolution presented in this report is provided below. a. Resolution Approving the Resignation of the Incorporator. In order to file the Articles of Incorporation on June 15, 2005, a paralegal for Rutan & Tucker served as incorporator and in that capacity "elected" the initial directors of the Corporation. This resolution approves the resignation of the incorporator. b. Resolution to Receive and File Articles of Incorporation. Declares that a certified copy of the Articles of Incorporation, as filed in the Office of the California Secretary of State, be placed in the minute book of the Corporation. c. Resolution Approving the Bylaws of the Corporation. Confirms that the Bylaws have been approved by the Chula Vista City Council and have been reviewed and approved by the Corporation. Authorizes the Secretary of the Corporation to execute a Certificate of Adoption of the Bylaws and to place a copy as certified in the minute book of the Corporation. d. Resolution Acknowledging Ms. Patricia Chavez as the fifth City-Director and Mr. Paul Desrochers, Mr. Chris Lewis, Mr. Doug Paul and Mr. Christopher Rooney as the four Independent-Directors. Confirms that Ms. Patricia Chavez is appointed as the fifth City Director filling the vacancy created by the resignation of Ms. Patty Davis. Additionally confirms the four Independent-Directors appointed by the City Council. ATTACHMENTS: A Resolution Approving the Resignation of the Incorporator B Resolution to Receive and File Articles of Incorporation C Resolution Approving the Bylaws of the Corporation D Acknowledging the fifth City-Director and the four Independent-Directors PREPARED BY: Diem Do, Senior Community Development Specialist 2-2 ATTACHMENT A ITEM #2 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING THE RESIGNATION OF THE INCORPORATOR IT IS HEREBY RESOLVED by the Board of Directors of the CHULA VISTA REDEVELOPMENT CORPORATION that the Resignation of the Incorporator (attached to this Resolution as Exhibit "1," and incorporated by this reference) which has been submitted to and examined by the Board of Directors of this Corporation be, and it hereby is, approved in all respects. PASSED AND ADOPTED by the Board REDEVELOPMENT CORPORATION at its , 2006. of Directors of the CHULA VISTA formation meeting held on Chair, Board of Directors Attest: Secretary 1311023920..(1001 651820.02 a02f1.0/Q6 2-3 EXHIBIT 1 ACTION BY WRITTEN CONSENT OF THE INCORPORATOR OF CHULA VISTA REDEVELOPMENT CORPORATION a California Nonprofit Public Benefit corporation The undersigned, being the incorporator named in the Articles of Incorporation of CHULA VISTA REDEVELOPMENT CORPORATION, a California nonprofit public benefit corporation (the "Corporation"), in accordance with the authority contained in Section 5134 of the California Corporations Code, does hereby consent to the adoption of the following recitals and resolutions: RESIGNATION OF INCORPORATOR AND ELECTION OF DIRECTORS WHEREAS, the Incorporator named in the Articles of Incorporation has acted as such only for the purpose of incorporating and organizing the Corporation; and WHEREAS, the Incorporator desires to resign as Incorporator effective upon the election and qualification of directors to fill such vacancy; NOW, THEREFORE, BE IT RESOLVED, that the resignation of the Incorporator of this Corporation be and it hereby is accepted, to take effect upon the election and qualification of successor directors. RESOLVED FURTHER, that the Secretary of this Corporation is hereby directed to insert the resignation of the Incorporator in the Minute Book immediately following this action by unanimous written consent. WHEREAS, it is necessary to elect successor directors to fill the vacancy which will exist as a result of the resignation of the Incorporator; NOW, THEREFORE, BE IT RESOLVED, that the initial number of . directors of this Corporation shall be nine (9), five (5) of whom shall be the only elected or appointed and qualified members of the City Council of Chula Vista (the "City-Directors"). The City-Directors shall serve as the initial Board of Directors until such time that the Chula Vista City Council designates and appoints one or more independent directors in accordance with the Bylaws. RESOLVED FURTHER, the following persons are hereby elected to the Board of Directors of this Corporation, each such person to serve in accordance with the Bylaws of this Corporation: 131/02392~OOl 651820.02al0I21/Q5 2-4 Stephen C. Padilla, in his capacity as an incumbent member of the Chula Vista City Council Steve Castaneda, in his capacity as an incumbent member ofthe Chula Vista City Council Patty Davis, in her capacity as an incumbent member of the Chula Vista City Council John McCann, in his capacity as an incumbent member of the Chula Vista City Council Jerry Rindone, in his capacity as an incumbent member ofthe Chula Vista City Council /).i-~ IN WITNESS WHEREOF, the undersigned has hereunto signed his name this .fLJJL.- day of~2005. 131/023920-0001 651820.02al0/21/05 ?:[:5 ATTACHMENT B ITEM #2 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION TO RECEIVE AND FILE ARTiClES OF INCORPORATION IT IS HEREBY RESOLVED by the Board of Directors of the CHULA VISTA REDEVELOPMENT CORPORATION that a certified copy of the Articles of Incorporation of CHULA VISTA REDEVELOPMENT CORPORATION, as filed in the office of the California Secretary of State, be placed in the minute book of this Corporation. PASSED AND ADOPTED by the Board REDEVELOPMENT CORPORATION at its ,2006. of Directors of the CHULA VISTA formation meeting held on Chairman, Board of Directors Attest: Secretary 131/023920-0001 651820.02 a02120/06 2-6 ATTACHMENT C ITEM #2 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING THE BYLAWS OF THE CORPORATION WHEREAS, this Corporation was created by acts of the Chula Vista City Council; and WHEREAS, while the Chula Vista City Council has approved the Bylaws of the Corporation, this Corporation has not yet adopted any Bylaws for the regulation of this Corporation; and WHEREAS, there has been presented to the Directors the form of Bylaws (attached to this Resolution as Exhibit "1," and incorporated by this reference) for the regulation of the affairs of this Corporation approved by the Chula Vista City Council; and WHEREAS, it is deemed to be in the best interest of this Corporation that said Bylaws be adopted by this Corporation as and for the Bylaws of this Corporation. NOW, THEREFORE, BE IT RESOLVED that the Bylaws in the form presented to this meeting are in all respects adopted and approved as the Bylaws of this Corporation until amended or repealed in accordance with applicable law; and RESOLVED FURTHER that the Secretary of this Corporation be, and hereby is, authorized and directed to execute a certificate of adoption of said Bylaws and to place a copy thereof, as so certified, in the minute book of this Corporation, and to see that a copy of said Bylaws is kept at the principal office in California in accordance with Section 5160 of the California Nonprofit Public Benefit Corporation Law. PASSED AND ADOPTED by the Board REDEVELOPMENT CORPORATION at its 2006. of Directors of the CHULA VISTA formation meeting held on Chair, Board of Directors Attest: Secretary 1311023920-0001 651820.02 a02120/06 2-7 EXHIBIT 1 BYLAWS OF CHULA VISTA REDEVELOPMENT CORPORATION a California Nonprofit Public Benefit Corporation OFFICIAL COPY 2-8 ARTICLE I ARTICLE IT Section 1. Section 2. ARTICLE ill Section 1. Section 2. ARTICLE IV ARTICLE V ARTICLE VI Section 1. Section 2. ARTICLE vn Section 1. Section 2. Section 3. Section 4. Section 5. ARTICLE vm Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. ARTICLE IX Section 1. Section 2. Section 3. Section 4. ARTICLE X Section 1. J31/023920-0001 582997.02 a04/20/05 TABLE OF CONTENTS Pal!e NAME ......................................................................................................1 OFFICES .................................................................................................1 Principal Office .......................................................................................1 Other Offices ...........................................................................................1 PURPOSES AND OBJECTIVES.......................................................... 1 Specific Purpose ...................................................:..................................1 General Purposes ....................................................................................2 NONPARTISAN ACTIVITIES.............................................................2 DEDICATION OF ASSETS ..................................................................2 MEMBERS..............................................................................................3 Directors as Members.............................................................................3 Meetings ...................................................................................................3 DIRECTORS........................................................................................... 3 Powers. ..................................................................................................... 3 Number and Qualification of Directors. ...............................................3 Designation and Term of Office of Independent Directors................. 4 Directors' Meetings................................................................................. 5 Compensation..........................................................................................6 OFFICERS ..............................................................................................6 Officers ..................................................................................................... 6 Resignation of Officers ...........................................................................6 Vacancies in Office.................................................................................. 7 Chair of the Board .................................................................................. 7 Chief Executive Officer .......................................................................... 7 Secretary .....................................................................................,............7 Chief Financial Officer ........................................................................... 7 General Counsel........................................................;............................. 8 , INDEMNIFICATION OF DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS .............................................................8 Right of Indemnity .................................................................................. 8 Approval of Indemnity ........................................................................... 8 Advancement of Expenses ...................................................................... 9 Insurance ................................................................................................. 9 RECORDS AND REPORTS .................................................................9 Maintenance of Corporate Records ......................................................9 21=.9 Section 2. Section 3. Section 4. ARTICLE XI Section 1. Section 2. Section 3. ARTICLE XII Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. ARTICLE XIII 1311023920-0001 S82997.02a04120/OS Pal!e Inspection by Directors...........................................................................9 Independent Audit and Annual Report ................................................ 9 Annual Statement of Certain Transactions and Indemnifications....................................................................................1 0 COMPLIANCE WITH LA WS...........................;................................11 Application of Political Reform Act ....................................................11 Application of Government Code Section 1090.................................11 Compliance with Other Laws ..............................................................11 GENERAL CORPORATE MATTERS .............................................11 Fiscal Year .............................................................................................11 CVRC Budget........................................................................................11 Redevelopment Agency Priorities and Budget................................... 12 Investment Policy; Money Manager ...................................................12 Checks, Drafts, Evidence of Indebtedness ..........................................12 Corporate Contracts and Instruments................................................ 12 Construction and Definitions ...............................................................12 Compliance With Public Records Act................................................. 12 AMENDMENTS ...................................................................................12 24liO BYLAWS OF CHULA VISTA REDEVELOPMENT CORPORATION a California Nonprofit Public Benefit Corporation ARTICLE I NAME The name of this corporation shall be the CHULA VISTA REDEVELOPMENT CORPORATION. ARTICLE II OFFICES Section 1. Principal Office. The principal office for the transaction of the business of the corporation ("principal executive office") is located at 245 Fourth Avenue, Chula Vista, State of California. The directors may change the principal office from one location to another. in the City of Chula Vista. Any change of this location shall be noted by the secretary on these Bylaws opposite this section, or this section may be amended to state the new location. Section 2. Other Offices. The board of directors may at any time establish branch or subordinate offices at any place or places in the City of Chula Vista where the corporation is qualified to do business. ARTICLE III PURPOSES AND OBJECTIVES Section 1. Specific Purpose. The specific and primary purpose of this corporation is to carry out planning and redevelopment activities within such geographical area(s) of Chula Vista as the Chula Vista City Council may designate from time to time by ordinance or resolution, including: (a) the conduct of delegable functions and responsibilities of the Planning Commission and the Redevelopment Agency of the City of Chula Vista; (b) the development of recommendations to the: City Council and Redevelopment Agency of the City of Chula Vista regarding nori-delegable actions of those governing bodies; (c) the conduct of the functions and responsibilities of the Resource Conservation Commission and the Design Review Committee of the City of Chula Vista; and (d) the development of recommendations regarding the strategic priorities to be programmed by the Redevelopment Agency of the City of Chula Vista through its annual budget. 1311023920-0001 582997.02 a04/20!05 2-11 (e) This corporation is organized and shall be operated exclusively for charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"). Section 2. following: General Purposes. The general purposes of this corporation are the (a) to receive, hold, and disburse gifts, bequests, devises, and other funds to advance the specific and primary purpose of this corporation; (b) to own, lease, and maintain suitable real and personal property which is deemed necessary to accomplish the specific and primary purpose of this corporation; and (c) to enter into, make, and perform, and carry out contracts which are deemed necessary to accomplish the specific and primary purpose of this corporation. ARTICLE IV NONPARTISAN ACTIVITIES This corporation has been formed under the California Nonprofit Public Benefit Corporation Law for the purposes described above, and it shall be nonprofit and nonpartisan. No substantial part of the activities of this corporation shall consist of the publication or dissemination of materials with the purpose of attempting to influence legislation, and this corporation shall not participate or intervene in any political campaign on behalf of. any candidate for public office or for or against any cause or measure being submitted to the people for a vote. This corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of its purposes and objectives described above. Notwithstanding the foregoing sentence, this corporation shall be subject to all applicable State and Federal laws governing the conduct of local governmental entities, including but not limited to the laws described in Article XI below. ARTICLE V DEDICATION OF ASSETS The property of this corporation is irrevocably dedicated to charitable purposes and no part of the net income or assets of this ~orporation shall ever inure to the b~nefit of any director, officer, or member hereof or to the benefit of any private person. Upon the dissolution or winding up of this corporation, its assets remaining after payment, or provision for payment, of all of its debts and liabilities shall be distributed to the Redevelopment Agency of the City of Chula Vista provided that it is then an organization described in Section 170( c)(l) of the Code or the corresponding provision of any future United States internal revenue law; and if not, such assets shall be distributed to a nonprofit fund, foundation or corporation designated by the board of directors which is organized and operated exclusively for charitable, educational or scientific purposes and which has established its tax exempt status under Section 501(c)(3) of the Code or the corresponding provision of any future United States internal revenue law. 131/023920-0001 582997.02 a04120/05 2-212 ARTICLE VI MEMBERS Section 1. Directors as Members. lbis corporation shall have no members. Any action which would otherwise require approval by a majority of all members or approval by the members shall require only approval of the board of directors, as authorized by Section 5310 of the California Nonprofit Corporation Law. Section 2. Meetine:s. There shall be no meetings of members as such. The persons constituting the board of directors may, at any given time and from time to time, act in their capacity as members pursuant to Section 1 of this Article VI, at meetings of the board of directors held as provided in Section 4 of Article VII of these Bylaws. ARTICLE VII DIRECTORS Section 1. Powers. (a) General Corporate Powers. Subject to the provisions of the California Nonprofit Corporation Law and any limitations in the articles of incorporation and these Bylaws, the business and affairs of this corporation shall be managed, and all corporate powers shall be exercised, by or under the direction of the board of directors; provided, however, that in order to preserve the nonprofit, exempt-from-income-tax status of this corporation, neither the board nor any member thereof shall do any act, or authorize or suffer the doing of any act by an officer or employee of this corporation, on behalf of the corporation, which is inconsistent with the articles or these Bylaws or the nonprofit purpose of this corporation. Any such act or acts shall be null and void. (b) Specific Powers. Without prejudice to these general powers, and subject to the same limitations, the directors shall have the power to: (i) Change the principal office from one location to another in the City of Chula Vista, California; and designate any place within Chula Vista, California, for the holding of any meeting or meetings. (ii) Adopt, make, and use a corporate seal; and alter the form of the seal. (iii) Subject to approval by a majority of the City-Directors, borrow money and incur indebtedness on behalf of this corporation and cause to be executed and delivered for this corporation's purposes and objectives, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations, and other evidences of debt and securities. Section 2. Number and Qualification of Directors. (a) Number of Directors: Increase. The number of directors shall be nine (9), five (5) of whom shall be the duly elected or appointed and qualified members of the City 13Ito2392~OOl 582997.02 a04!20105 2~13 Council of the City of Chula Vista ("City-Directors"). The City-Directors shall serve as the initial board of directors until such time that the Chula Vista City Council designates and appoints one or more Independent Directors pursuant to Section 3 of this Article VII. The number of directors may be increased by resolution of the board of directors and subject to the approval by the City Council of the City of Chula Vista. Section 3. Desilmation and Term of Office of Independent Directors. (a) All directors other than the City-Directors ("Independent Directors") shall be designated and appointed by the City Council of the City of Chula Vista Unless removed by the Chula Vista City Council pursuant to Section 3(f) of this Article VII, each Independent Director shall hold office until a successor has been appointed and qualified. (b) criteria: The Independent Directors shall be designated based on the following (i) One Independent Director shall be a member of the public with expertise and experience in the field of either architecture or environmental planning; (ii) One Independent Director shall be a member of the public with expertise and experience in the field of either real estate development or business; (iii) One Independent Director shall be a community leader and/or a member of the public with expertise and experience in the fields of either finance or education; (iv) One Independent Director shall be a member of the public with expertise and experience in the field of civil engineering, urban planning and/or design, or science. (c) The City Council of the City of Chula Vista shall initially designate Independent Directors identified above in (b )(i) and (b )(ii) to serve an initial nominal four-year term, and Independent Directors identified above in (b )(iii) and (b )(iv) to serve an initial nominal two-year term, terminating on June 30th of the fourth and second year, respectively. After the completion of the initial terms of office, each Independent Director's term of office shall be four years. ' (d) After the completion of the initial term of office, each Independent Director may be re-appointed by the City Council of the City of Chula Vista. The Independent Directors shall be limited to a maximum of two (2) consecutive terms and an interval of two (2) years must pass before a person who has served two (2) consecutive terms may be reappointed; provided, further, that for the purpose of this section an appointment to fill an initial term or an unexpired term of less than two (2) years in duration shall not be considered as a term; however, any appointment to fill an initial term or an unexpired term in excess of two (2) yeas shall be considered to be a full term. 131/023920.0001 582997.02a04120105 2-4~4 (e) Events Causing Vacancv on the Board. A vacancy or vacancies on the board of directors shall be deemed to exist on the occurrence of any of the following: (i) the death, resignation, or removal of any Independent Director, (ii) the declaration by resolution of the board of directors of a vacancy of the office of Independent Director who has been declared of unsound mind by an order of court or convicted of a felony or has been found by final order or judgment of any court to have breached any duty under Article 3 of Chapter 2 of the California Nonprofit Corporation Law, (iii) the vote of a majority of the City Council of the City of Chula Vista to remove an Independent Director with or without cause; (iv) the expiration of the term of an Independent Director who is not re-appointed to a subsequent term of office, (v) the increase. of the authorized number of directors, or (vi) the failure of the City Council of the City of Chula Vista, at any meeting of such City Council at which any Independent Director or Directors are to be appointed, to appoint the number of Independent Directors to be appointed at such meeting. (f) Resignations and Removals. Except as provided in this paragraph, any Independent Director may resign by giving written notice to the chair of the board, or to the chief executive officer or the secretary of the board. The resignation shall be effective when notice is given unless the notice specifies a later time for the resignation to become effective. Independent Directors serve at the pleasure of the City Council of the City of Chula Vista; and the City Council of the City of Chula Vista may, by majority vote, at any time remove any Independent Director for any reason. (g) Filling Vacancies. Vacancies in the office of Independent Director shall be filled by the City Council of the City of Chula Vista. Unless removed pursuant to Section 3(f) of this Article VII, each Independent Director so designated or elected shall hold office until a successor has been elected and qualified. (h) No Vacancv on Reduction of Number of Directors. Subject to any other provisions of these bylaws, no reduction of the authorized number of directors shall have the effect of removing any Independent Director before that Director's term of office expires. Section 4. Directors' Meetings. (a) Place of Meetings. Meetings of the board of directors may be held at any place within the City of Chula Vista that has been designated from time to time by resolution of the board or in the notice of the meeting. In .the absence of such designation, meetings shall be held at the principal office of this corPoration. (b) Annual Meeting. The annual meeting of the board of directors shall be held each year on a date and at a time designated by the board of directors. The date so designated shall be within fifteen (15) months after the last annual meeting. At each annual meeting directors subject to election shall be elected, officers shall be elected and any other proper business may be transacted. 1311023920-0001 582997.02 a04120/05 245 (c) Other Regular Meetings. Other regular meetings of the board of directors may be held at such time and place as shall from time to time be fixed by the board of directors. (d) Special Meetings. Special meetings of the board of directors for any purpose or purposes may be called at any time by the chair of the board, the chief executive officer, or the secretary, or any two (2) directors. Notice of the time and place of special meetings shall be given to each director in accordance with the Ralph M. Brown Act, California Gove=ent Code Section 54950, et seq., ("Brown Act") (e) Ouorum. A majority of the authorized number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a meeting duly held at which a quorum is present shall be regarded as the act of the board. of directors, subject to the more stringent provisions of these Bylaws, the articles of incorporation, and the California Nonprofit Corporation Law, including, without limitation, those provisions in these Bylaws and the articles of incorporation relating to (i) the investment and management of the funds of this corporation, (ii) the veto power over expenditures vested in the CitY-Directors, and those provisions of the California Nonprofit Corporation Law relating to a) approval of contracts or transactions in which a director has a direct or indirect material financial interest, b) appointment of committees, and c) indemnification of directors. A meeting at which a quorum is initially present may continue to transact business, notwithstanding the withdrawal of directors, if any action taken is approved by at least a majority of the required quorum for that meeting. (f) Adiournment. A majority of the directors present, whether or not constituting a quorum, may adj oum any meeting to another time and place. (g) Notice of Adiournment. Notice of the time and place of holding an adjourned meeting shall be given in accordance with the Brown Act. (h) Open Meeting Law Compliance. Notwithstanding any other provision of these Bylaws, including but not limited to this Section 4 and Section 5 of Article VII, the corporation shall be subject to, and comply with, all of the provisions of the Brown Act; and the board of directors shall be deemed to be a "legislative bodv" as defined by the Brown Act. , Section 5. Compensation. Directors may receive such compensation for their services and reimbursement for costs and expenses incurred in service to the corporation, as may be fixed or determined by resolution of the City Council of the City of Chula Vista, as may be amended from time to time by the City Council. ARTICLE VIII OFFICERS Section 1. Officers. The officers of this corporation shall be a chair of the board of directors, a chief executive officer, a secretary, a chief financial officer, and a general counsel. 1311023920-0001 582997.02 a04120J05 2-616 Any number of offices may be held by the same person, except that neither the secretary nor the chief financial officer may serve concurrently as the chair of the board. Section 2. Resignation of Officers. Any officer may resign at any time by giving written notice to the board of directors. Any resignation shall take effect at the date of the receipt of that notice or at any later time specified in that notice; and, unless otherwise specified in that notice, the acceptance of the resignation shall not be necessary to make it effective. Any resignation is without prejudice to the rights, if any, of this corporation under any contract to which the officer is a party. Section 3. Vacancies in Office. A vacancy in any office because of death, resignation, removal, disqualification, or any other cause shall be filled only in the manner prescribed in these Bylaws for regular appointment to that office. Section 4. Chair of the Board. The chair of the board of directors shall be the person serving as the du1y elected or appointed and qualified mayor of the City of Chu1a Vista. The chair shall preside at meetings of the board of directors and exercise and perform such other powers and duties as may be from time to time assigned to him or her by the board of directors or prescribed by the Bylaws. Section 5. Chief Executive Officer. The chief executive officer shall be the du1y appointed or designated Executive Director of the Redevelopment Agency. The chief executive officer shall, subject to the control of the board of directors, generally supervise, direct, and control the business of the corporation, as set forth in these Bylaws. The chief executive officer shall have such other powers and duties as may be prescribed by the board of directors or the Bylaws. Section 6. Secretary. The secretary shall be the person appointed by the chief executive officer. The secretary shall attend to the following: (a) Book of Minutes. The secretary shall keep or cause to be kept, at the principal office or such other place as the board of directors may direct, a book of minutes of all meetings and actions of the board of directors, with the time and place of holding, whether regular or special, and, if special, how authorized, the notice given, the names of those present at such meetings, the number of directors present or represented at directors' meetings, and the proceedings of such meetings. (b) Notices. Agendas. Seal and Other Duties. The se~retary shall give, or cause to be given, notice of all meetings of the board of directors re"quiredby the Bylaws or by law to be given, including but not limited to the agenda requirements of the Brown Act. The secretary shall keep the seal of the corporation in safe custody. The secretary shall have other powers and perform such other duties as may be prescribed by the board of directors or the Bylaws. . Section 7. Chief Financial Officer. The chief financial officer shall be the person serving as the. dnly appointed Director of Finance of the City of Chula Vista, or his or her designee. The Chief Financial Officer shall attend to the following: . 1311023920-0001 582997.02 a04120105 ~n (a) Books of Account. The chief financial officer shall keep and maintain, or cause to be kept and maintained, adequate and correct books and records of accounts of the properties and business transactions of this corporation. The chief financial officer shall send or cause to be given to the directors such financial statements and reports as are required to be given by law, by these Bylaws, or by the board. The books of account shall be open to inspection by any director at all reasonable times. (b) Corporate Budget and Audit. The Chief Financial Officer shall be responsible for preparing and implementing the corporation's annual budget, and reviewing the annual audit of the corporation's books and accounts. (c) Deposit and Disbursement of Monev and Valuables. The chief financial officer shall deposit and manage all money and other valuables in the name and to the credit of this corporation with such depositories as may be designated by the board of directors and the chief financial officer shall disburse the funds of this corporation as may be ordered by the board of directors, in accordance with the provisions of these Bylaws. The chief financial officer shall render to the chief executive officer and directors, whenever they request it, an account of all transactions effected by the chief financial officer and of the financial condition of this corporation. The chief financial officer shall have such other powers and perform such other duties as may be prescribed by the board of directors or the Bylaws. (d) Bond. If required by the board of directors, the chief fmancial officer shall give this corporation a bond in the amount and with the surety or sureties specified by the board of directors for faithful performance of the duties of such office and for restoration to this corporation of all its books, papers, vouchers, money, and other property of every kind in the possession or under control of the chief financial officer on such officer's death, resignation, retirement, or removal from office. The corporation shall pay the costs of acquiring, and the annual premiums on, such bond. Section 8. General Counsel. The general counsel to the corporation shall be the person serving as the duly appointed or designated City Attorney of the City of Chula Vista, or his or her designee. The General Counsel shall advise the corporation's board and officers, oversee legal compliance of corporation activities, approve as to form all legal documents approved or entered into by the corporation, and prepare all legal documents on behalf of the corporation. ARTICLE IX INDEMNIFICATION OF DIRECTORS. OFFICERS. EMPLOYEES:AND AGENTS Section 1. Rie:ht of Indemnitv. To the fullest extent permitted by law, this corporation shall indemnify any present or former director, officer, employee or other "agent" of the corporation, as that term is defined in Section 5238 of the Califomia Nonprofit Corporation Law, against all expenses, judgments, fines, settlements and other amounts actually and reasonably incurred by them in connection with any "proceeding," as that term is used in that Section, and including an action by or in the right of the corporation, by reason of the fact that 1311023920-0001 582997.02 a04120/05 2.818 the person is or was a person described in that section. "Expenses," as used in this bylaw, shall have the same meaning as in Section 5238(a) of the California Corporations Code. Section 2. Approval of Indemnity. On written request to the board by any person seeking indemnification under Section 5238(b) or Section 5238(c) of the California Corporations Code, the board shall promptly determine under Section 5238(e) of the California Corporations Code whether the applicable standard of conduct set forth in Section 5238(b) or Section 5238(c) has been met and, if so, the board shall authorize indemnification. If the board cannot authorize indemnification because the number of directors who are parties to the proceeding with respect to which indemnification is sought prevents the formation of a quorum of directors who are not parties to that proceeding, the board shall promptly call a meeting of members. At that meeting, the members shall determine under Section 5238(e) of the California Corporations Code whether the applicable standard of conduct set forth in Section 523 8(b) or Section 523 8( c) has been met and, if so, the members present at the meeting in person or by proxy shall authorize indemnification. Section 3. Advancement of Expenses. To the fullest extent permitted by law and except as otherwise determined by the board in a specific instance, expenses incurred by a person seeking indemnification under Sections 5238(b) or 5238(c) of the California Corporations Code in defending any proceeding covered by t40se Sections shall be advanced by the corporation before [mal disposition of the proceeding, on receipt by the corporation of an undertaking by or on behalf of that person that the advance will be repaid unless it is ultimately determined that the person is entitled to be indemnified by the corporation for those expenses. Section 4. Insurance. The corporation shall have the right to purchase and maintain insurance to the full extent permitted by law on behalf of its officers, directors, employees, and other agents, against any liability asserted against or incurred by any officer, director, employee, or agent in such capacity or arising out of the officer's, director's, employee's, or agent's status as such. ARTICLE X RECORDS AND REPORTS Section 1. Maintenance of Corporate Records. The corporation shall keep: Adequate and correct books and records of account; and (a) (b) Written minutes of the proceedings of its board ahd committees of the , board. Section 2. Inspection bv Directors. Every director shall have the absolute right at any reasonable time to inspect the corporation's books, records, documents of every kind, physical properties, and the records of each of its subsidiaries. The inspection may be made in person or by the director's agent or attorney. The right of inspection includes the right to copy and make extracts of documents. Section 3. Independent Audit and Annual Report. The corporation shall cause an independent annual financial audit and annual report to be sent to the directors for review, and be 1311023920-0001. 582997.02 a04/10/05 .249 presented to the Chula Vista City Council, within six (6) months after the close of the corporation's fiscal year. That audit and report shall contain the following information, in appropriate detail, for the fiscal year: (a) The assets and liabilities, including the trust funds, of the corporation as of the end of the fiscal year. (b) The principal changes in assets and liabilities, including trust funds. (c) The revenue or receipts of the corporation, both unrestricted and restricted to particular purposes.. (d) The expenses or disbursements of the corporation for both general and restricted purposes. (e) Any information required by Section 4 below. The annual independent audit and annual report shall be accompanied by any report on it of independent accountants. Section 4. Annual Statement of Certain Transactions and Indemnifications. As part of the annual report to all directors, or as a separate document if no annual report is issued, the corporation shall annually prepare and furnish to each director a statement of any transaction or indemnification of the following kind within one hundred twenty (120) days after the end of the corporation's fiscal year: (a) Any transaction (i) in which the corporation, its parent, or its subsidiary was a party, (ii) in which an "interested person" had a direct or indirect material financial interest, and (iii) which involved more than Fifty Thousand Dollars ($50,000.00), or was one of a number of transactions with the same interested person involving, in the aggregate, more than Fifty Thousand Dollars ($50,000.00). For this purpose, an "interested person" is either of the following: (i) Any director or officer of the corporation, its parent, or subsidiary (but mere common directorship shall not be considered such an interest); or (ii) Any holder of more than ten percent (10%) of the voting power of the corporation, its parent, or its subsidiary. The statemen! shall include a brief description of the transaction, the names of interested persons involved, their relationship to the corporation, the nature of their interest in the transaction and, if practicable, the amount of that interest, provided that if the transaction was with a partnership in which the interested person is a partner, only the interest of the partnership need be stated. (b) Any indemnifications or advances aggregating more than Ten Thousand Dollars ($10,000.00) paid during the fiscal year to any officer or director of the corporation under Article IX of these Bylaws, unless that indemnification has already 1311023920-0001 582997.02a04120/05 2~O been approved by the directors under Section 5238(e) (2) of the California Corporations Code. ARTICLE XI COMPLIANCE WITH LAWS Section 1. Application of Political Reform Act. Notwithstanding any other provision of these Bylaws, the corporation shall be subject to, and comply with, all of the provisions of the Political Reform Act of 1976, Government Code Section 81000, et seq, ("PRA''), as amended from time to time. The corporation shall be deemed to be an "agencv," and each director and officer shall be deemed to be a "designated emplovee," as defined in the PRA. Each director and officer shall be subject to the conflict of interest reporting and disqualification requirements of tbe PRA. The board of directors shall adopt, periodically review, and, if necessary; amend, a "conflict of interest code" as such term is defined in tbe PRA. Section 2. Application of Government Code Section 1090. City-Directors shall be subject to tbe provisions of California Government Code section 1090, et seq. ("Section 1090"), as amended from time to time, and tbe corporation shall be deemed a "bodv" of which tbe City- Director is a member. No Independent Director shall be financially interested in any contract made by him or her in his or her official capacity as a director or by tbe corporation. Nor shall any Independent Director be a purchaser at any sale or vendors at any purchase made by him or her in his or her official capacity as a director or made by tbe board of directors. The prohibitions in this Section 2 shall be interpreted in tbe same manner as tbe prohibitions contained in Section 1090. Section 3. Compliance with Other Laws. This corporation and its officers shall be subject to all applicable local, State and Federal laws, and all ordinances and resolutions of tbe City of Chula Vista, including tbose governing tbe conduct of bodies, commissions and committees oftbe City and members of such bodies, commissions and committees. ARTICLE XII GENERAL CORPORATE MATTERS Section 1. Fiscal Year. The fiscal year of this corporation shall co=ence on July 1 and conclude on tbe i=ediately following June 30. Section 2. CVRC Budget. Prior to tbe co=encement of each fiscal year of this corporation, the board of directors shall adopt a budget setting forth i)1e estimated capital, operating and otber expenditures required in connection witb, and estimated receipts from, tbe activities of the corporation for such fiscal year; provided, however, tbat during its first fiscal- year, tbe board of directors shall adopt a budget for tbat initial year within four montbs of tbe first meeting of the board of directors. No budget shall become effective unless and until approved by tbe City Council of tbe City of Chula Vista. No expenditure may be made or obligation incurred which, when added to any otber expenditure or obligation for tbe fiscal year of the corporation, exceeds the budget for that fiscal year by more than $5,000.00 or any line item specified in the budget by more than five percent (5%), without the prior approval of a majority oftbe City-Directors. 1311023920..0001 582997.02a04120105 2'121 Section 3. Redevelopment Al!:encv Priorities and Budl!:et. Prior to the co=encement of each fiscal year of the Redevelopment Agency, the board of directors shall make reco=endations to the Redevelopment Agency of the City of Chula Vista for its strategic priorities, budget, and work plan. Section 4. Investment Policv: Monev Manal!:er. The board of directors shall adopt and annually review and, if necessary, amend an investment policy for the corporation. Neither the investment policy nor any amendment thereof shall be deemed adopted by the board of directors unless a majority of the City-Directors approve such investment policy or amendment. Section 5. Checks, Drafts, Evidence of Indebtedness. All checks, drafts or other orders for payment of money, notes or other evidences of indebtedness, issued in the name of or payable to this corporation, shall be signed or endorsed by such person or persons and in such manner as from time to time shall be determined by resolution of the board of directors. Such resolution shall require the approval of the board of directors, including a majority of the City- Directors. Section 6. Corporate Contracts and Instruments. The board of directors, including a majority of the City Directors, and except as otherwise provided in these Bylaws, may authorize any officer or officers, agent or agents, to enter into any contract or execute any instrument in the name of and on behalf of this corporation, and this authority may be general or confmed to specific instances; and, unless so authorized or ratified by the board of directors or within the agency power of an officer, no officer, agent or employee shall have any power or authority to bind this corporation by any contract or engagement or to pledge its credit or to render it liable for any purpose or for any amount. Section 7. Construction and Definitions. Unless the context requires otherwise, the general provisions, rules of construction, and definitions in the California Nonprofit Corporation Law shall govern the construction of these Bylaws. Without limiting the generality of the above, the masculine gender includes the feminine and neuter, the singular number includes the plural, the plural number includes the singular, and the term "person" includes both a legal entity and a natural person. Section 8. Compliance With Public Records Act. The Corporation shall comply with and be subject to the provisions of the California Public Records Act, California Government Code Section 6250 et. seq. The Corporation shall be deemed a "Local Agency" as that term is used in the California Public Records Act, and as such, sl,1all be subject to all obligations and exemptions under the California Public Records Act. ARTICLE XIII AMENDMENTS New Bylaws may be adopted or these Bylaws may be amended or repealed by a majority vote of the board of directors, including a majority of the City Directors. 1311023920-0001 582997.02 a04120/0S z-J.~ CERTIFICATE OF SECRETARY I, the undersigned, do hereby certify: 1. That I am the duly elected and acting Secretary of: CHULA VISTA REDEVELOPMENT CORPORATION a California Nonprofit Public Benefit Corporation 2. That the foregoing Bylaws, comprising thirteen (13) pages, constitute the Bylaws of said corporation as duly adopted at a meeting of the Board of Directors of the Corporation held on IN WITNESS WHEREOF, I have hereunto subscribed my name this _ day of ,2005. 131/023920-0001 582997.02a04120/05 24~-3 A IT ACHMENT D ITEM #2 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION ACKNOWLEDGING MS. .PATRICIA CHAVEZ AS THE FIFTH CITY-DIRECTOR AND MR. PAUL DESROCHERS, MR. CHRIS LEWIS, MR. DOUG PAUL, AND MR. CHRISTOPHER ROONEY AS THE FOUR INDEPENDENT-DIRECTORS IT IS HEREBY RESOLVED by the Board of Directors of the CHULA VISTA REDEVELOPMENT CORPORATION that the following persons are appointed as Directors, to have the power, duties and responsibilities as specified by the Bylaws ofthe Corporation and by applicable law: Name Director - Patricia Chavez City Paul Desrochers Independent Chris Lewis Independent Doug Paul Independent Christopher Rooney Independent PASSED AND ADOPTED by the Board of Directors of the CHULA VISTA REDEVELOPMENT CORPORATION at its formation meeting held on ,2006. Chairman, Board of Directors Attest: Secretary 2-24 . .. CORPORATION (HULA VISTA CVRC Board Staff Report - Page 1 Item No. 3 DATE: February 23, 2006 FROM: CVRC Board of Directors 0.", M. sm~"~ David D. Rowlands, Jr., Chief Executive Officer TO: VIA: SUBJECT: Approval of Legal and Operating Documents BACKGROUND: On May 24, 2005, through Resolution No. 2005-175, the City Council (the "City") and the Redevelopment Agency (the "Agency") approved the formation of the Chula Vista Redevelopment Corporation ("CVRC" and accompanying Articles of Incorporation, Bylaws and Operating Agreement. The CVRC became a legal entity on June 15, 2005, upon the filing of formation documents with the State of California. The Articles of Incorporation, Bylaws and Operating Agreement clearly define responsibilities and requirements of the CVRC and its board members. In compliance with those documents and to complete the formation, associated resolutions must be approved and filed. RECOMMENDATION: That the Board of Directors adopt resolutions a. through i.: a. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION ELECTING AND ACKNOWLEDGING THE APPOINTMENT OF OFFICERS OF THE CORPORATION b. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION CONFIRMING ANN MOORE AS AGENT FOR SERVICE OF PROCESS c. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION DESIGNATING A FINANCIAL INSTITUTION AS A DEPOSITORY FOR FUNDS OF THE CORPORATION 3-1 Staff Report - Item No.3 Page 2 d. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION ADOPTING A CONFLICT OF INTEREST CODE e. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION AUTHORIZING AND DIRECTING THE SECRETARY TO PROCURE DIRECTORS, AND OFFICERS LIABILITY INSURANCE, AND COMMERCIAL GENERAL LIABILITY INSURANCE f. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION AUTHORIZING AND DIRECTING THE PAYMENT OF EXPENSES OF INCORPORATION g. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING THE SEAL OF THE CORPORATION h. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION AUTHORIZING THE OFFICERS OF THE CORPORATION TO MAKE APPLICATION FOR TAX-EXEMPT STATUS AND OTHER NECESSARY AND REQUIRED LEGAL AND CORPORATE FILINGS AND APPLICATIONS ON BEHALF OF THE CORPORATION i. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION DESIGNATING THE PRINCIPAL PLACE OF BUSINESS AS 276 FOURTH AVENUE, CHULA VISTA, CALIFORNIA, 91910 DISCUSSION: A summary of each of the resolutions presented in this report is provided below. a. Resolution Electing and Acknowledging the Appointment of Officers of the Corporation. Identifies and elects David D. Rowlands, Jr. as Chief Executive Officer, Maria Kachadoorian as Chief Financial Officer, and Ann Moore as General Counsel; and acknowledges the appointment of Dana M. Smith as Secretary. b. Resolution Confirming Ann Moore as Agent for Service of Process. Names Ann Moore as initial agent for Service of Process in the Corporation's Articles of Incorporation. c. Resolution Designating the City of Chula Vista as a Depository for Funds of the Corporation. Designates the City of Chula Vista as the depository of the funds for the Corporation and authorizes the Chief Financial Officer to draw checks from financial 3-2 Staff Report - Item No.3 Page 3 institutions used as depositories by the City. Also declares that any check in excess of $10,000 be signed by the Chief Financial Officer and one of its designees. Also adopts all form resolutions as required by the City or its depositories and authorizes the Secretary of the Corporation to certify such resolutions as having been adopted at this meeting. Inserts such forms into the minute book and confirms that those resolutions shall be relied upon unless written notice of revocation or amendment is received from the Board of Directors of th is Corporation. d. Resolution Adopting a Conflict of Interest Code. Adopts the terms of 2 Cal. Code section 18730 and any amendments as duly adopted by the Fair Political Practices Commission. Requires that all persons holding designated positions shall file Statements of Economic Interest pursuant to Section 4(A) of the Conflict of Interest Code. e. Resolution Authorizing and Directing the Secretary to Procure Directors, and Officers Liability Insurance, and Commercial General Liability Insurance. Authorizes and directs the Secretary to procure Directors and Officers liability insurance covering all actions and omissions. Additionally authorizes and directs Secretary to procure commercial general liability insurance covering all planned actions, activities, functions and transactions of the Corporation. f. Resolution Authorizing and Directing the Payment of Expenses of Incorporation. Authorizes the Corporation officers to pay the expenses of the incorporation and organization of the Corporation. g. Resolution Approving the Seal of the Corporation. Approve the Seal of the Corporation as presented below. h. Resolution Authorizing the Officers of the Corporation to Make Application for Tax- exempt Status and Other Necessary and Required Legal and Corporate Filings and Appl ications on Behalf of the Corporation. Authorizes each of the officers to make filings and applications, including but not limited to, applications for tax-exempt 3-3 Staff Report - Item No.3 Page 4 status with the United States Internal Revenue Service and State of California Franchise Tax Board, and the statement required by Section 6210 of the California Nonprofit Corporation Law. Authorizes the execution. and delivery of such documents and instruments as necessary to obtain licenses, authorizations and permits necessary or desirable for the Corporation's activities. I. Resolution Designating the Corporation's principal place of business as 276 Fourth Avenue, Chula Vista, California, 91910. The Bylaws currently show the principal place of business as 245 Fourth Avenue. This resolution indicates City Hall, located at 276 Fourth Avenue, Chula Vista, as the principal place of business for the Corporation. ATTACHMENTS: A - Resolution Electing and Acknowledging the Appointment Officers of the Corporation B - Resolution Confirming Agent for Service of Process C - Resolution Designating the City of Chula Vista as Depository D - Resolution Adopting Conflict of Interest Code E - Resolution Authorizing and Directing for Insurances F - Resolution Authorizing and Directing Payment of Expenses G - Resolution Approving the Seal of the Corporation H - Resolution Authorizing Officers of Corporation to File Necessary Legal Documents on Behalf of the Corporation Resolution Designating Corporation's Principal Place of Business PREPARED BY: Diem Do, Senior Community Development Specialist 3-4 ATTACHMENT A ITEM #3 RESOLUTION OF THE BOARD OF DIRECTORS OF CHULA VISTA REDEVELOPMENT CORPORATION ELECTING AND ACKNOWLEDGING APPOINTMENT OF OFFICERS OF THE CORPORATION IT IS HEREBY RESOLVED by the Board of Directors of the CHULA VISTA REDEVELOPMENT CORPORATION that the following persons are elected to the offices of the Corporation identified opposite their names below, to have the power, duties and responsibilities in such offices as are specified by the Bylaws of the Corporation and by applicable law, and to serve at the pleasure of the Board: Name Office David D. Rowlands, Jr. Chief Executive Officer Maria Kachadoorian Chief Financial Officer Ann Moore General Counsel IT IS FURTHER RESOLVED that the Board of Directors of the CHULA VISTA REDEVELOPMENT CORPORATION acknowledges the appointment of Dana Smith as Secretary by the Chief Executive Officer pursuant to the Bylaws of the Corporation. PASSED AND ADOPTED by the Board REDEVELOPMENT CORPORATION at its ,2006. of Directors of the CHULA VISTA formation meeting held on Chairman, Board of Directors Attest: Secretary 131/023920-0001 651820.02 a02/20/06 3-5 ATTACHMENT B ITEM #3 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVElOPMENT CORPORATION CONFIRMING ANN MOORE AS AGENT FOR SERVICE OF PROCESS IT IS HEREBY RESOLVED by the Board of Directors of the CHULA VISTA REDEVELOPMENT CORPORATION that ANN MOORE, named as the initial agent for service of process in the Articles of Incorporation of the CHULA VISTA REDEVELOPMENT CORPORATION be, and hereby is, confirmed as this Corporation's agent for the purpose of service of process. PASSED AND ADOPTED by the Board of Directors of the CHULA VISTA REDEVELOPMENT CORPORATION at its formation meeting held on 2006. Chair, Board of Directors Attest: Secretary 131/023920-0001 651820.Q2 a02l17/06 3-6 ATTACHMENT C ITEM #3 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVElOPMENT CORPORATION DESIGNATING THE CITY OF CHULA VISTA AS A DEPOSITORY FOR FUNDS OF THE CORPORATION IT IS HEREBY RESOLVED by the Board of Directors oJ the CH U LA VISTA REDEVELOPMENT CORPORATION that the City of Chula Vista ("City") is designated as depository of the funds, including, without limitation, cash and cash equivalents, of this Corporation; and RESOLVED FURTHER that the Chief Financial Officer be, and is hereby, authorized to draw checks from financial institutions used as depositories by the City, signed, as provided herein with signatures certified to such depository by the Secretary of this Corporation; provided that any check in excess of $10,000.00 will be signed by the Chief Financial Officer and one of its designees, as consistent with City policy. The depository is hereby authorized to honor and pay all checks so signed, including those drawn to the order of any officer or other person authorized to sign them; and RESOLVED FURTHER that all form resolutions required by the City of Chula Vista or its depositories are hereby adopted in such form utilized by the depository, and the Secretary of this Corporation is hereby authorized to certify such resolutions as having been adopted at this meeting and is directed to insert the form of such resolutions in the minute book immediately following the minutes of this meeting; and RESOLVED FURTHER that the City of Chula Vista and its depositories, having received a copy of these resolutions so certified by the Secretary of this Corporation, shall be entitled to rely thereon for all purposes until they shall have received written notice of the revocation or amendment of these resolutions by the Board of Directors of this Corporation. PASSED AND ADOPTED by REDEVELOPMENT CORPORATION ,2006. the Board of Directors of theCHULA VISTA at its formation meeting held on Chair, Board of Directors Attest: Secretary 131/023920-0001 651820.02 a02/17106 3-7 ATTACHMENT D ITEM #3 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION ADOPTING A CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act of 1974, as amended, Government Code sections 81000, et seq. require every state and local governmental agency to adopt and promulgate a conflict of interest code; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. section 18730, which contains the terms of a standard model conflict of interest code, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act after public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, Government Code section 11370, et seq. NOW, THEREFORE, the Board of Directors of the CHU LA VISTA REDEVELOPMENT CORPORATION hereby resolve as follows: Section 1: The terms of 2 Cal. Code section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission and the attached Appendix "A" in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the conflict of interest code for CHULA VISTA REDEVELOPMENT CORPORATION Section 2: Persons holding designated positions shall file Statements of Economic Interest pursuant to Section 4(A) of the Conflict of Interest Code. PASSED AND ADOPTED by the Board REDEVELOPMENT CORPORATION at its ,2006. of Directors of the CHULA VISTA formation meeting held on Chair, Board of Directors Attest: Secretary 131/023920-0001 651820.02 a02/17/06 3-8 CHULA VISTA REDEVELOPMENT CORPORATION CONFLICT OF INTEREST CODE APPENDIX A Position Disclosure Categories Directors All Secretary Chief Financial Officer All All All All Chief Executive Officer General Counsel Description of Disclosure Categories: A 1: Investments (not held by a business entity or trust) A2: Investments, income and assets of business entities and trusts (ownership inters is 10 percent or less) B: Interests in real property (not held by a business entity or trust) C: Income and business positions E: Income consisting of Gifts F: Income consisting of gifts in the form of travel payments, advancement and reimbursements 1311023920-0001 651820.02a02J17/06 3-9 ATTACHMENT E ITEM #3 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVElOPMENT CORPORATION AUTHORIZING AND DIRECTING THE SECRETARY TO PROCURE DIRECTORS, AND OFFICERS LIABILITY INSURANCE, AND COMMERCIAL GENERAL LIABILITY INSURANCE WHEREAS, The Board of Directors of the CHULA VISTA REDEVELOPMENT CORPORATION has determined that it is in the best interests of the Corporation to obtain both Directors and Officers liability insurance and commercial general liability insurance. NOW, THEREFORE, the Board of Directors of the CHULA VISTA REDEVELOPMENT CORPORATION does hereby resolve as follows: Section 1: The Secretary of the Corporation is hereby authorized and directed to procure Directors and Officers liability insurance on behalf of the Corporation, covering all actions and omissions of all Directors and Officers of the Corporation. Section 2: The Secretary of tne Corporation is hereby authorized and directed to procure commercial general liability insurance on behalf of the Corporation, covering all of the planned actions, activities, functions, and transactions of the Corporation. PASSED AND ADOPTED by the Board REDEVELOPMENT CORPORATION at its ,2006. of Directors of the CHULA VISTA formation meeting held on Chair, Board of Directors Attest: Secretary 1311023920-0001 651820,02 a02l17/06 3-10 ATTACHMENT F ITEM #3 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVElOPMENT CORPORATION AUTHORIZING AND DIRECTING THE PAYMENT OF EXPENSES OF INCORPORATION IT IS HEREBY RESOLVED by the Board of Directors of the CHULA VISTA REDEVELOPMENT CORPORATION that the officers of this Corporation be, and each of them hereby is, authorized and directed to pay, on behalf of this Corporation, the expenses of incorporation and organization of this Corporation. PASSED AND ADOPTED by the Board REDEVELOPMENT CORPORATION at its ,2006. of Directors of the CHULA VISTA formation meeting held on Chair, Board of Directors Attest: Secretary 1311023920-0001 651820.02 a02l17/06 3-11 ATTACHMENT G ITEM #3 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING THE SEAL OF THE CORPORATION IT IS HEREBY RESOLVED by the Board of Directors of the CHULA VISTA REDEVELOPMENT CORPORATION that the corporate seal of this Corporation as presented below is approved and adopted as the corporate seal of this Corporation. PASSED AND ADOPTED by the Board REDEVELOPMENT CORPORATION at its ,2006. of Directors of the CHULA VISTA formation meeting held on Chair, Board of Directors Attest: Secretary 131/023920.0001 651820.02 a02J17/06 3-12 ATTACHMENT H ITEM #3 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION AUTHORIZING THE OFFICERS OF THE CORPORATION TO MAKE APPLICATION FOR TAX-EXEMPT STATUS AN D OTHER NECESSARY AND REQUIRED LEGAL AND CORPORATE FILINGS AND APPLICATIONS ON BEHALF OF THE CORPORATION IT IS HEREBY RESOLVED by the Board of Directors of the CHULA VISTA REDEVELOPMENT CORPORATION that each of the officers of this Corporation is authorized and directed to make such filings and applications, including, without limitation, applications to tax-exempt status with the United States Internal Revenue Service and the State of California Franchise Tax Board, and the statement required by Section 6210 of the California Nonprofit Corporation Law, to execute and deliver such documents and instruments and to do such acts and things as such offer deems necessary in order to obtain such licenses, authorizations and permits as are necessary or desirable for this Corporation's activities, to fulfill such legal requirements as are applicable to this Corporation or its activities or to complete the organization of this Corporation. PASSED AND ADOPTED by the Board REDEVELOPMENT CORPORATION at its ,2006. of Directors of the CHULA VISTA formation meeting held on Chair, Board of Directors Attest: Secretary 131/023920-0001 651820.02a02/17/06 3-13 ATTACHMENT I ITEM #3 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION DESIGNATING THE PRINCIPAL PLACE OF BUSINESS AS 276 FOURTH AVENUE, CHULA VISTA, CALIFORNIA, 91910 WHEREAS, the CHULA VISTA REDEVELOPMENT CORPORATION Bylaws provide the location of the Corporation's principal place of business; and WHEREAS, the City of Chula Vista Civic Center is located at 276 Fourth Avenue, Chula Vista, California, 91910. THEREFORE, IT IS HEREBY RESOLVED by the Board of Directors of the CHULA VISTA REDEVELOPMENT CORPORATION that 276 Fourth Avenue, Chula Vista, California, 91910, be designated as the Corporation's principal place of business. PASSED AND ADOPTED by the Board of Directors of the CHULA VISTA REDEVELOPMENT CORPORATION at its formation meeting held on ,2006. Chair, Board of Directors Attest: Secretary 3-14 .. flD!j0l ~ 8~tB~:~ CVRC Board Staff Report - Page 1 Item No. 4 C:ORPORf\TiOi'J CHULA VISTA DATE: February 23, 2006 FROM: CVRC Board o:,Diytors Dana M. Smit~ret'tY_ /b/ David D. Rowlands, Jr., Chief Executive Officer TO: VIA: SUBJECT: Approve and Authorize the Chair to Sign and Execute the Operating Agreement BACKGROUND: On May 24, 2005, through a joint resolution (Resolution No. 2005-175), the City Council (the "City") and the Redevelopment Agency (the "Agency") approved the Articles of Incorporation and Bylaws of the Chula Vista Redevelopment Corporation ("CVRC"). The articles ~f incorporation were filed with the State of California on June 15, 2005. As part of Resolution No. 2005-175, the City and Agency also approved and executed the CVRC Operating Agreement. The CVRC has not yet approved or signed the Operating Agreement. RECOMMENDATION: That the Board of Directors adopt the resolution approving and authorizing the Chair to sign and execute the Operating Agreement. DISCUSSION: The City, the Agency and the CVRC are all parties to the Operating Agreement. The Operating Agreement formalizes the functions and activities to be provided by the CVRC to the City and the Agency and to document the CVRe's use of City and Agency resources to accomplish those functions. The City and the Agency approved the Agreement in May 2005; the CVRC must now approve the Operating Agreement and authorize the Chair to sign and execute the agreement. ATTACHMENTS: A. Resolution Authorizing Chair to Sign and Execute Operating Agreement Exhibit 1 to Resolution - Operating Agreement PREPARED BY: Diem Do, Senior Community Development Specialist 4-1 ATTACHMENT A ITEM #4 RESOLUTION OF THE BOARD OF DIRECTORS OF CHULA VISTA REDEVElOPMENT CORPORATION APPROVING THE "CHULA VISTA REDEVElOPMENT CORPORATION OPERATING AGREEMENT;" AND AUTHORIZING THE CHAIRMAN TO SIGN AND EXECUTE THE AGREEMENT WHEREAS, this Corporation was created by acts of the Chula Vista City Council (the "City") and the Chula Vista Redevelopment Agency (the "Agency"); and WHEREAS, the City and the Agency have approved and executed the Chula Vista Redevelopment Corporation Operating Agreement (the "Agreement"); WHEREAS, the Agreement is intended to formalize the function and activities to be provided by the CHULA VISTA REDEVELOPMENT CORPORATION to the City and the Agency, and to document the Corporation's use of City and Agency resources to accomplish those functions; and WHEREAS, the CHULA VISTA REDEVELOPMENT CORPORATION has been presented with the Agreement, as approved by the City and the Agency; and WHEREAS, it is deemed to be in the best interests of the CHULA VISTA REDEVELOPMENT CORPORATION that it approve and enter into the Agreement. NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment Corporation Operating Agreement (attached to this Resolution as Exhibit "1," and incorporated by this reference), in the form presented at this meeting and previously approved and executed by the City and the Agency, is in all respects approved by the CHULA VISTA REDEVELOPMENT CORPORATION; and BE IT FURTHER RESOLVED that the Chairman of the Board of this Corporation be, and hereby is, authorized and directed to execute the Agreement and to place a copy of it in the minute book of this Corporation. PASSED AND ADOPTED by the Board of Directors of the CHULA VISTA REDEVELOPMENT CORPORATION at its formation meeting held on Chair, Board of Directors Attest: Secretary 4-2 EXHIBIT 1 CHULA VISTA REDEVELOPMENT CORPORATION OPERATING AGREEM:ENT This Operating Agreement ("Agreement"), dated , 2005, is entered into by and between the CITY OF CHULA VISTA, a charter municipal corporation of the State of California ("City"), the REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a redevelopment agency formed and operating under Health and Safety Code 933000, et seq. ("Agency"), and the CHtJLA VISTA REDEVELOPMENT CORPORATION, a California nonprofit public benefit corporation ("Corporation"). RECITALS (A) On' ,2005, the City Council of the City authorized the creation of the Corporation, and adopted City Ordinance No. , establishing the Corporation to support the planning and redevelopment activities of the City and the Agency within designated areas of Chula Vista; (B) The City, Agency and Corporation jointly agree that the Corporation's planning and support functions on behalf ofthe City and Agency presently can most efficiently and effectively be provided through existing employees of the City and Agency, rather than by the Corporation hiring its own =ployee force; and (C) The City, Agency and Corporation jointly desire to enter into this Agreement to formalize the functions and activities to be provided by the Corporation to the City and the Agency, and to document the Corporation's use of City and Agency resources to accomplish those functions. NOW, THEREFORE, in reliance upon the facts recited above, and the covenants, conditions and premises contained herein, the parties hereto agree as follows: 1. Corooration Functions on Behalf of City and Agency. The Corporation shall perform planning and redevelopment support functions on behalf of and for the City and the .. Agency within those areas of Chula Vista designated by resolution of the Chula Vista City Council, and in accordance with the bylaws approved by the City (as sucn bylaws made from time to time be amended by the Corporation) and Chapter 2.55 of Title II of the Chula Vista Municipal Code. In performing such planning and redevelopment support functions, the . Corporation shall comply with all applicable provisions of the Chula Vista Municipal Code. 2. City Support to Corooration. In consideration for the Corporation's services as set forth in Paragraph 1, and at the request of the Corporation, the City shall endeavor to provide sufficient support (by way of staff employees, services and supplies, and funding) to allow the Corporation to carry out its functions and activities. Those City staff assigned by the City Manager to support the Corporation shall report and be accountable to the Chief Executive Officer of the Corporation. 4-3 3. Ae:encv Support to Corporation. In consideration for the Corporation's services as set forth in Paragraph 1, and at the request of the Corporation, the Agency shall endeavor to provide sufficient support (by way of staff =ployees, services and supplies, and funding) to allow the Corporation to carry out its functions and activities. Those Agency staff assigned by the City Manager to support the Corporation shall'report and be accountable to the Chief Executive Officer of the Corporation. 4. Defense and Indemnification of Corporation. By this Agreement, the City and Agency each agree to defend, indemnify and hold harmless the Corporation, together with its directors, officers, employees, agents and representatives ("Corporation-Related Parties"), from any and all actions, suits, claims, demands, judgments, attorneys' fees, costs, damages to persons or property, losses, obligations, expenses or liabilities that may be asserted or claimed by any person. or entity arising out of the acts or omissions of the Corporation or any Corporation- Related Party that are within the scope of the Corporation's activities as described in this Agreement and Chapter 2.55 ofthe.Chula Vista Municipal Code. 5. Resolution of Disputes with City. In the event of any conflict or dispute between the City and the Corporation or the Agency with respect to the interpretation of this Agreement, or the functions or activities of the Corporation or the Agency as they relate to the City, such dispute shall be submitted to the Chula Vista City Council for its binding and final determination. 6. Resolution of DisPutes with Ae:encv. In the event of any conflict or dispute between the Agency and the Corporation with respect to the interpretation of this Agreement, or the functions or activities of the Corporation as they relate to the Agency, such dispute shall be submitted to the governing board of the Agency for its binding and final determination. 7. Disc:rimiJ1ation Prohibited. In connection with its nmctions and activities on .behalf of the City and the Agency, the Corporation shall not discriminate against any person on account of race, color, creed, religion, sex, marital status, national origin or ancestry. Further, the Corporation agrees to comply with the terms of the Americans With Disabilities Act of 1990, 42 USC 912101, et seq., as the same maybe amended from time to time. 8. Waiver of Breach. No delay or omission in the exercise of any right orremedy by a non-defaulting party on' any default shall impair such right or remedy or ,be construed as a waiver. A party's consent to or approval of any act by the other party re~uiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in: writing. 9. Construction and Amendment. The terms of this Agre=ent shall be construed in accordance with the meaning of the language used and shall not be construed for or against any party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. The headings of sections of this Agre=ent are for convenience or reference only, and shall not be construed to limit or extend the meaning of the terms, covenants and conditions of this Agreement. TIlls Agre=ent may only be amended by the mutual consent of the parties hereto by an instrument in writinj5. 4-4 10. Entire Agre=ent. This Agre=ent represents the final and complete Agreement of the City, Agency and Corporation with respect to ail matters covered by this Agreement, and supersedes 'any prior oral or written understandings regarding the same. . 11. AssiD11Tnent. This Agreement may not be assigned without the prior written approval of ail of the parties hereto, which approval may be withheld in the sole and absolute discretion of any party. Subject to the foregoing sentence, this Agreement, and the rights and obligations herein, shall inure to the benefit of, and be binding upon, each of the parties and their respective approved successors and assigns. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first written above. CITY OF CHULA VISTA By Mayor Attest: City Clerk Approved As To Form: City Attorney REDEVELOPMENT AGENCY . OF THE CITY OF CHULA VISTA By Chairman Attest: , " Agency Clerk CHULA VISTA REDEVELOPMENT CORPORATION By Chairman .: 4-5 By Secretary 4-6 II II~> ;:''''~;';;' :. '~"f,"""" r1':\; CORPORATIOr--j (HULA, VISTA CVRC Board Staff Report - Page 1 Item No. 5 DATE: February 23, 2006 FROM: CVRC Board of :;ttors Dana M. Smit~Secreta~ (\ /C<-" David D. Rowlands, Jr., Chief Executive Officer TO: VIA: SUBJECT: 1) Establishing the Order of Business; 2) Approving the Staff Report Format; and 3) Approving the Corporation Logo BACKGROUND: On May 24, 2005, through a joint resolution (Resolution No. 2005-175), the City Council (the "City") and the Redevelopment Agency (the "Agency") approved the Articles of Incorporation and Bylaws of the Chula Vista Redevelopment Corporation ("CVRC). The CVRC became a legal entity on June 15, 2005, upon the filing of formation documents with the State of California. The CVRC will hold public meetings to review projects and redevelopment-related activities. Therefore, the establishment of the order of business and the format of the staff report, as consistent with the City, is important in providing clear and consistent information. RECOMMENDATION: That the Board of Directors adopt the resolution: 1) establishing the order of business for the conduct of the Chula Vista Redevelopment Corporation meetings; 2) approving the staff report format; and 3) approving the Corporation logo. DISCUSSION: The CVRC will conduct public meetings to review projects and discuss items within the redevelopment project areas, which will be set forth in an Agenda for distribution to the public. The order of business, as proposed, is consistent with the format of the City Council meetings and is in compliance with the public meeting requirements of the Ralph M. Brown Act (Government Code 9954950 et seq.). 5-1 Staff Report - Item No.5 Page 2 The Staff Report is used to convey information to the public regarding projects and items that will be presented to the CVRC Board. The proposed format is consistent with that of the City Council Agenda Statement but also highlights redevelopment project-specific information such as the redevelopment project area, type, description, developer and any agreements that may exist regarding the project (i.e. Exclusive Negotiating Agreement, Owner Participation Agreement, or Development and Disposition Agreement). The CVRC logo, as presented below, was created by Kim Schanz of the Communications Department. It was used in the recruitment brochure for the independent board members and is incorporated into the proposed Agenda and Staff Report. . .. CORPORATION (HULA VISTA As the Corporation begins to hold regular meetings and review projects, the adoption of the Agenda and Staff Report formats and the logo will be important in the distribution of information and for identifying and branding the CVRC. A IT ACHMENTS: A - Resolution Establishing Order of Business, Approving the Staff Report Format; and Approving the Corporation Logo B - Agenda C - Staff Report PREPARED BY: Diem Do, Senior Community Development Specialist 5-2 ATTACHMENT A ITEM #5 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION 1) ESTABLISHING THE ORDER OF BUSINESS FOR THE CONDUCT OF THE CVRC MEETINGS; 2) APPROVING THE FORMAT OF THE STAFF REPORT; AND 3) APPROVING THE CORPORATION LOGO WHEREAS, the CHULA VISTA REDEVELOPMENT CORPORATION shall hold public meetings to review and discuss projects and items within the redevelopment project areas; and WHEREAS, determining the order of business is important in providing a consistent format for the conduct of CHULA VISTA REDEVELOPMENT CORPORATION meetings; and WHEREAS, establishing a consistent design for the Staff Report shall provide organized and easy-to-read information in to the Board and public; and WHEREAS, the CHULA VISTA REDEVELOPMENT CORPORATION logo shall be incorporated into both the Agenda and Staff Report and allows for branding of Corporation documents; THEREFORE, IT IS HEREBY RESOLVED by the Board of Directors of the CHULA VISTA REDEVELOPMENT CORPORATION that the format for the Agenda, Staff Report, and logo as presented, be approved in all respects. PASSED AND ADOPTED by the Board of Directors of the CHULA VISTA REDEVELOPMENT CORPORATION at its formation meeting held on ,2006. Chair, Board of Directors Attest: Secretary 5-3 II 1I1'f(J " - <r.!,{'i! ~ - - "'''U~'J CORPORAT:or'~ CHULA ViSTA An ACHMENT B REGULAR MEETING OF THE CHULA VISTA REDEVELOPMENT CORPORATION (CVRe) Thursday, DATE, 6:00 p.m. COUNCIL CHAMBERS 276 FOURTH AVENUE CHULA VISTA, CA 91910 CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY CONSENT CALENDAR ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS ACTION ITEMS PUBLIC HEARINGS BOARD AND COMMISSION REPORTS CHIEF EXECUTIVE OFFICER'S REPORTS CHAIRMAN'S REPORTS BOARD COMMENTS CLOSED SESSION ADJOURNMENT 5-4 ATTACHMENT C II .ft;~ 1ft !5:.2..~ '-ORpnn /'-'(1' I ;,_ j~ \_)[<,I\J 1\..."/1\: G-ii_1L\ VISTA CVRC Board Staff Report - Page 1 Item No. DATE: [Click Here - Enter Date of Meeting] TO: CVRC Board Directors FROM: Dana M. Smith, Secretary VIA: David D. Rowlands, Jr., Chief Executive Officer SUBJECT: [Click Here - Enter Item Subject] Project Area: [Click Here - Enter redevelopment area] Agreement: [Click Here - Enter type of agreement] Developer: [Click Here - Enter developer's name] Project Site: [Click Here - Enter address or location] Project Type: [Click Here - Enter project type, i.e. residential, mixed use, etc.] Project Description: [Click Here - Enter brief project description] BACKGROUND: [Click Here - Enter Background] RECOMMENDATION: [Click Here - Enter Recommendation] DISCUSSION: [Click Here - Enter Discussion] ATTACHMENTS: [Click Here - Enter Attachments] PREPARED BY: [Click Here - Enter Name & Title] 5-5 II iI~! ~,/:J;;:f :,',."S<;i_:l CVRC Board Staff Report - Page 1 Item No. 6b COI<POR;",TiOi'1 CHUL,o, VISTA DATE: February 23, 2006 FROM: CVRC Board of ~ctors Dana M. Smit~Secretary Eric Crockett, Redeve)epment Manager /~, David D. Rowlands,lr., Chief Executive Officer TO: VIA: SUBJECT: Three-Month Work Program of Discussion/Workshop Topics BACKGROUND The purpose of the first meeting of the CVRC Board is to conduct business matters for the formation of the new Corporation. Over the next few months, the CVRC should spend some time becoming familiar with the history of redevelopment in Chula Vista, current City Council/Redevelopment Agency goals and objectives, tools available for active redevelopment, the status of current projects, and the financial condition of the Agency. Staff has identified topics for the Board to consider as discussion/workshop items for the next three months, and is seeking direction on the prioritization of the topics. Also attached for the Board's reference is a list of current projects within the City's redevelopment project areas that fall under the jurisdiction of the CVRC and are anticipated to come before the Board within the next 12 to 18 months. The Board's work program for the next three months will be important to creating a foundation for the CVRC's upcoming projects and activities. RECOMMENDATION Staff recommends that the Board of Directors review and prioritize discussion/workshop topics described below for the next three months. DISCUSSION The CVRC was formed as a "support entity" to the City and Redevelopment Agency for planning and redevelopment activities within redevelopment project areas. To establish a foundation for this work, staff has identified the following preliminary discussion/workshop topics for consideration by the Board. 6-1 Staff Report - Item No. 6b Page 2 Legal and Organizational Topics As a support entity to public legislative bodies, the CVRC has an important responsibility to promote the policies and objectives of the City and Agency while operating in a manner that complements the governing laws and fiduciary responsibilities of these public agencies. This is especially important given all members of the City Council and Agency Board of Directors sit on the CVRC as "City-Directors." Staff is recommending the following legal and organizational discussion/workshop topics on state and local regulations of public agencies, and the powers, authorities, and functions of the CVRC and its Board. Brown Act California Political Reform Act Public Records Act Chula Vista City Charter and Municipal Code CVRC powers and authorities CVRC functions, operations, and procedures ORGANIZATIONAL Redevelopment Topics The laws, procedures, and financial functions of redevelopment are both numerous and complex, and will direct the CYRe's daily operations, activities, and decision-making. To provide a foundational knowledge and understanding of redevelopment, staff is recommending that the CYRe's three-month work program include the following discussion/workshop topics on redevelopment, including laws and practices, plans and policies, tax increment financing, and local strategies for success. Part of this program will include a proposed joint meeting of the CYRC and Redevelopment Agency to review and consider a proposed Five Year Implementation Plan for all redevelopment project areas. The Implementation Plan will set forth the strategic goals, objectives, and work program of the Redevelopment Agency for the next five years. Laws, requirements, and practices Tools, plans, and policies Tax increment financin and strate ies CONCLUSION These discussion/workshop topics will establish a foundation for making balanced, well- informed decisions on future CYRC planning/redevelopment activities, including the 20+ projects identified in the attached projects list. Staff is seeking direction from the Board on the prioritization of these topics, including: . Which are of highest priority and should be addressed first? . Which are of greatest substance and should be allotted more time for discussion? 6-2 Staff Report - Item No. 6b Page 3 A IT ACHMENTS 1. List of current projects located within redevelopment project areas under CVRC jurisdiction PREPARED BY: Ken Lee, Principal Community Development Specialist 6-3 Staff Report - Item No. 6b ATTACHMENT #1 II m. ..S:.7l.~.. ~t""4 CVRe PRELIMINARY PROJECTS LIST CORPClRMiOi, ('HUL.A. VISTA Staffs from the Planning & Building and Community Development Departments have compiled a list of projects within the City's redevelopment project areas that fall under the jurisdiction of the CVRC and are anticipated to come before the Board within the next twelve to eighteen months. ADDRESS I LOCATION DESCRIPTION PROJECT AREA(S) 898 Broadway Pole sign Added Area Palomar Gateway Residential project Southwest 790 Ada Street 17 unit town home project Southwest 780 Ada Street 24 unit townhome project Southwest 2681 Main Street Community building (approx. 11,500 sf) Southwest 3236 Main Street Community building Southwest 944 Industrial Blvd Educational facility Southwest 3342 Main Street Storage and caretaker facilities Southwest 1084 Broadway Auto service building Southwest 2543 Mai n Street Storage containers Southwest 1030 Third Avenue Commercial project Added Area 1590 Frontage Road Commercial/industrial building Southwest 348 Palm Avenue 12 lot subdivision Southwest Spruce & Main Street 6-8 unit subdivision Southwest 320 Third Avenue 24-Hour Fitness Town Centre I 914-942 Third Avenue Creekside Vistas Added Area 632 E Street Comfort Inn and Suites Added Area Sweetwater Unified High Proposed development of various School Town Centre 11/ School District District sites, including a new Southwest - Third Avenue administrative center and residential and - L Street mixed use projects - Moss Street - Fifth Avenue Auto Park Auto Park Specific Plan / Plan Amendments Otay Valley Road Exclusive Negotiating Five Exclusive Negotiating Agreements Town Centre 1/ Agreements (ENA) with four developers on various sites Added Area - 3cd & E (Northeast) located along the Third Avenue downtown - 3cd & E [Southeast) business corridor - Landis Avenue North - Landis Avenue South - 3cd & Park Way 6-4