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HomeMy WebLinkAboutRDA Packet 2002/02/05 ~V~ =---~ ~~--~ ~- - CITY Of CHUlA VISTA TUESDAY, FEBRUARY 5, 2002 4:00 P.M. (immediately following the City Council meeting) COUNCIL CHAMBERS PUBLIC SERVICES BUILDING JOINT MEETING OF THE REDEVELOPMENT AGENCY I CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council Members Davis, Padilla, Rindone, Salas; Chair/Mayor Horton CONSENT CALENDAR The staff recommendations regarding the following item(s) listed under the Consent Calendar will be enacted by the Agency by one motion without discussion unless an Agency member, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action items. Items pulled by the public will be the first items of business. 1. JOINT AGENCY/COUNCIL RESOLUTION AUTHORIZING THE CHULA VISTA NATURE CENTER TO APPLY FOR GRANT FUNDS FROM THE WILDLIFE CARE FACILITIES GRANT UNDER THE DR. PAUL CHAFFEE ZOOLOGICAL PROGRAM FUNDED BY THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000; AND APPOINTING THE NATURE CENTER DIRECTOR AS THE CITY'S AGENT TO EXECUTE RELATED AGREEMENTS WITH THE STATE OF CALIFORNIA IF A GRANT IS AWARDED - The Chula Vista Nature Center has been encouraged by the State of California to compete for funding from the Wildlife Care Facilities Grant Program which will make available funding on a competitive basis for facilities which care for native California wildlife that have been injured and cannot be returned to the wild. A resolution of the Agency and City Council authorizing the Nature Center's grant application and designating the City's representative is a required element of the submittal. [Nature Center Director] STAFF RECOMMENDATION: Agency/Council adopt the resolution, ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is !JQ.t an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. PUBLIC HEARING The following item{s) have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the Redevelopment Agency or the City Clerk prior to the meeting. 2. PUBLIC HEARING: TO CONSIDER GRANTING A SPECIAL USE PERMIT (SUPS-01-05) TO ALLOW THE DEVELOPMENT OF AN AUTOMATIC CAR WASH AND LUBE CENTER AT 1616 THIRD AVENUE/304 MONTGOMERY STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA STAFF RECOMMENDATION: That the public hearing be continued indefinitely. The public hearing will be re-noticed. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Agency, Council, staff, or members of the general public. The items will be considered individually by the Agency/Council and staff recommendation may in certain cases be presented in the alternative. Those who wish to speak, please fill out a Request to Speak form available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. 3. CONSIDERATION OF 1) AMENDMENTS TO THE ARTICLES OF INCORPORATION AND BYLAWS OF THE ENVIRONMENTAL LEGACY FUND; 2) FORGIVING AND ELIMINATING ALL AMOUNTS OWED BY THE NATURE CENTER TO THE CITY'S GENERAL FUND AND THE REDEVELOPMENT AGENCY AS OF THE DATE OF BCT DISSOLUTION AND RATIFYING THE BAYFRONT CONSERVANCY TRUST'S APPLICATION TO THE SECRETARY OF STATE FOR CORPORATE DISSOLUTION; 3) CREATION OF THE NATURE CENTER BOARD OF TRUSTEES; 4) ESTABLISHMENT OF THE NATURE CENTER DEPARTMENT; 5) APPOINTMENT OF DANIEL BEINTEMA THE DIRECTOR OF THE NATURE CENTER DEPARTMENT; AND 6) AMENDMENT OF THE FY 2002/03 SPENDING PLAN TO ESTABLISH THE NATURE CENTER AS A GENERAL FUND DEPARTMENT, AND AMENDMENT OF THE ADOPTED BUDGET FOR FY 2001/02 APPROPRIATING $63,710 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND TO REPAY A LOAN FROM THE SEWER FUND TO THE NATURE CENTER - Since its incorporation in 1986, the function and mission of the Bayfront Conservancy Trust (BCT) has evolved from an entity seeking to receive and hold dedications of land, restore the Sweetwater Marsh complex, and own and operation the Chula Vista Nature Redevelopment Agency, February 5, 2002 Page 2 Center, The BCT is now an entity whose mission is advisory in nature as an advocate for the enhancement of the Nature Center and the Sweetwater Marsh National Wildlife Refuge. To that end, it is the desire of the BCT to dissolve the non-profit corporation and establish a new body charged with advising the City on matters related to the Chula Vista Nature Center. [City Manager/Executive Director of the Redevelopment Agency] STAFF RECOMMENDATION: That the City Council adopt resolutions A, E, and F; that the City Council and Redevelopment Agency adopt resolution B; and the City Council place ordinances C and D on first reading. 4/ST"8 VOTE REQUIRED ON F A. COUNCIL RESOLUTION APPROVING AMENDMENTS TO THE ARTICLES OF INCORPORATION AND BYLAWS OF THE ENVIRONMENTAL LEGACY FUND B. JOINT AGENCY/COUNCIL RESOLUTION FORGIVING AND ELIMINATING ALL AMOUNTS OWED BY THE NATURE CENTER TO THE CITY'S GENERAL FUND AND THE REDEVELOPMENT AGENCY AS OF THE DATE OF BCT DISSOLUTION AND RATIFYING THE BAYFRONT CONSERVANCY TRUST'S APPLICATION TO THE SECRETARY OF STATE FOR CORPORATE DISSOLUTION C. COUNCIL ORDINANCE ADDING CHAPTER 2.41 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO THE CREATION OF THE NATURE CENTER BOARD OF TRUSTEES D. COUNCIL ORDINANCE ADDING CHAPTER 2.19 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF THE NATURE CENTER DEPARTMENT, EFFECTIVE JULY 1, 2002 E. COUNCIL RESOLUTION APPOINTING DANIEL BEINTEMA THE DIRECTOR OF THE NATURE CENTER DEPARTMENT F. COUNCIL RESOLUTION AMENDING THE FY 2002/03 SPENDING PLAN TO ESTABLISH THE NATURE CENTER AS A GENERAL FUND DEPARTMENT, AND AMENDING THE ADOPTED BUDGET FOR FY 2001/02 APPROPRIATING $63,710 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND TO REPAY A LOAN FROM THE SEWER FUND TO THE NATURE CENTER 4. DIRECTOR'S REPORTlS) 5. CHAIR/MAYOR REPORTlS) 6, AGENCY/COUNCIL COMMENTS Redevelopmeot Agency, February 5, 2002 Page 3 ADJOURNMENT The meeting will adjourn to a Closed Session and thence to the regular meeting of the Redevelopment Agency on February 19, 2002 at 6:00 p.m., immediately following the City Council meeting in the City Council Chambers. CLOSED SESSION Unless Agency Counsel, the Executive Director, City Councilor the Redevelopment Agency states otherwise at this time, the Agency/Council will discuss and deliberate on the following item(s) of business which are permitted by law to be the subject of a closed session discussion, and which the Agency/Council is advised should be discussed in closed session to best protect the interests of the City. The Agency/Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Agency/Council's return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, announcements of actions taken in Closed Session shall be made by Noon on Wednesday following the meeting at the City Clerk's office in accordance with the Ralph Brown Act (Govt. Code 5 54957.71 7, CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION __ Pursuant to Government Code Section 54956.9(a) Tuchscher vs. City of Chula Vista, Superior Court, County of San Diego, San Diego Judicial District, Court Case No, GIC758620 **************** AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommodates to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least 48 hours in advance for meetings and five days for scheduled services and activities. Please contact the Secretary to the Redevelopment Agency for specific information at (619) 691-5047 or Telecommunications Devices for the Deaf (TOO) at (619) 585-5647. California Relay Service is also available for the hearing impaired. Redevelopment Agency, February 5, 2002 Page 4 PAGE 1, ITEM NO.: I MEETING DATE: 02/05/02 JOINT REDEVELOPMENT AGENCY / CITY COUNCIL AGENDA STATEMENT ITEM TITLE: JOINT AGENCY/COUNCIL RESOLUTION AUTHORIZING THE CHULA VISTA NATURE CENTER TO APPLY FOR GRANT FUNDS FROM THE WILDLIFE CARE FACILITIES GRANT UNDER THE DR. PAUL CHAFFEE ZOOLOGICAL PROGRAM FUNDED BY THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000; AND APPOINTING THE NATURE CENTER DIRECTOR AS THE CITY'S AGENT TO EXECUTE RELATED AGREEMENTS WITH THE STATE OF CALIFORNIA IF A GRANT IS AWARDED SUBMITTED BY: NATURE CENTER DIRECT REVIEWED BY: CITY MANAGER 4/5THS YOTE: YES D NO 0 BACKGROUND The Chula Vista Nature Center has been encouraged by the State of California to compete for funding from the Wildlife Care Facilities Grant Program which will make available funding on a competitive basis for facilities which care for native California wildlife that have been injured and cannot be returned to the wild. A resolution of the Agency and City Council authorizing the Nature Center's grant application and designating the City's representative is a required element of the submittal. RECOMMENDATION That the Agency and City Council adopt the resolution authorizing the Chula Vista Nature Center to apply for grant funds from the State of California and appointing the Nature Center Director as the City's agent to execute related agreements with the State of California if a grant is awarded. BOARDS/COMMISSIONS RECOMMENDATION None. 1- ( PAGE 2, ITEM NO.: MEETING DATE: 02/05/02 DISCUSSION The Wildlife Care Facilities Grant Program (WCF) under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 is intended to provide funds for the development, rehabilitation, or restoration of facilities that care for native California wildlife that have been injured or abandoned and that cannot be returned to the wild. Under the WCF program description, it is clear that the Nature Center's on-going efforts are entirely consistent with the funding guidelines. These include demonstrated successes in: 1. Assisting in the rehabilitation of injured native wildlife; 2. Providing appropriate care and facilities for the continued existence of those animals that cannot be returned to the wild; 3. Exhibiting the animals to the public in accordance with standard zoological practices; and 4. Providing educational information about the exhibited animals and their place in natural history and ecology. Three years ago, the Nature Center received a grant to construct new, state-of-the-art enclosures to house and exhibit some of the Nature Center's bird collection. These new cages have significantly enhanced the quality of life for the birds and have equally enhanced the quality of the exhibits and the educational value to the public. With the availability of funds from the WCF grant, more of the collection can be appropriately exhibited to the public. Specifically, Nature Center staff would purchase and install additional caging of varying sizes - from those which would accommodate single, smaller birds, to one larger enclosure to accommodate a large raptor, such as a Golden Eagle, The project proposal (Project) includes funds for: . Caging materials . Design and construction of additional ADA-compliant pathways for public and staff access to the new cages . Funds to assist in the construction of the large enclosure . Perch i ng . Bilingual Interpretive Signage . Security hardware . Staff time for grant administration Staff has estimated that the cost of the Project as proposed will be approximately $50,000. Eligible cost range for WCF grant proposals is $25,000 to $75,000. This will be a very competitive process with only $385,000 available for funding. 1- d- PAGE 3, ITEM NO.: MEETING DATE: 02/05/02 The WCF guidelines require the applicant's submittal to include a resolution of its governing body and planning agency which: 1. Approves the filing of an application for local assistance from the WCF; and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project; and 3. Certifies that the Applicant has reviewed, understands and agrees to the General Provisions contained in the Contract; and 4. Appoints an agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests, which may be necessary for the completion of the project. The application deadline to the State of California is February 1, 2002. Pursuant to the State's suggestion, the City/Agency Resolution is being forwarded in draft form with the balance of the submittal elements. The executed resolution will be forwarded following Council/Agency action. It is proposed that the Nature Center Director, Daniel D. Beintema, be designated as the agent for this project. Staff would, of course, return to the City Council for appropriation of the grant funds and processing of any required documents. FISCAL IMPACT There is no fiscal impact created by this action. If the grant is awarded, the City would realize revenues to fund this project where only partial funding currently exists. J, \COMMDEV\ST AFF.REP\02 -05.02\ WCF Gcant.doc /~3 RESOLUTION NO. COUNCIL RESOLUTION NO. 2002- JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE CHULA VISTA NATURE CENTER TO APPLY FOR GRANT FUNDS FROM THE WILDLIFE CARE FACILITIES GRANT UNDER THE DR. PAUL CHAFFEE ZOOLOGICAL PROGRAM FUNDED BY THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000; AND APPOINTING THE NATURE CENTER DIRECTOR AS THE CITY'S AGENCY TO EXECUTE RELATED AGREEMENTS WITH THE STATE OF CALIFORNIA IF A GRANT IS AWARDED WHEREAS, the people of the State of California have enacted the Dr. Paul Chaffee Zoological Program-Wildlife Care Facilities Grant, which provides funds to the State of California for grants to local agencies and federally recognized California Indian tribes for facilities that care for California wildlife that have been injured or abandoned and that cannot be returned to the wild; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the program and the grant Project shown above within the State, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Governing Body to certify by resolution the approval of the Application before submission of said Application to the State; and WHEREAS, the City will enter into a Contract with the State of California for the Project. NOW, THEREFORE, BE IT RESOLVED that the city Council and Redevelopment Agency of the City of Chula Vista hereby: 1. Approve the filing of an Application for local assistance funds from the Dr. Paul Chaffee Zoological Program - wildlife Care Facilities Grant under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000; and 1 1- tf 2. Certify that the City and Agency has or will have sufficient funds to operate and maintain the Project; and 3. Certify that the City and Agency has reviewed, understands, and agrees to the General provisions contained in the contract shown in the Procedural Guide; and 4. Appoint the Nature Center Director as agent to conduct all negotiations, execute and submit all documents including, but not limited to, Applications, agreements, payment requests and so on, which may be necessary for the completion of the Project. Presented by Approved as to form by D:tdif) ....---' df Nature Center Director [J:\ATTORNEY\RESO\Chaffee Grant (January 29, 2002 (8:35AM)] 2 1-5" PAGE 1, ITEM NO.: ~ MEETING DATE: 01/15/02 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: PUBLIC HEARING: TO CONSIDER GRANTING A SPECIAL USE PERMIT (SUPS-01-05) TO ALLOW THE DEVELOPMENT OF AN AUTOMATIC CAR WASH AND LUBE CENTER AT 1616 THIRD AVENUE/304 MONTGOMERY STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA SUBMlnED BY: COMMUNITY DEVELOPMENT DIRECTOR REVIEWED BY: EXECUTIVE DIRECTOR 4/STHS VOTE: YES D NO 0 Staff requests that this item be continued indefinitely. The public hearing will be re-noticed. 01- ( PAGE I, ITEM NO.: .3- MEETING DATE: 02/05/02 JOINT REDEVELOPMENT AGENCY / CITY COUNCIL AGENDA STATEMENT ITEM TITLE: SUBMITTED BY: REVIEWED BY: ADOPTION OF ORDINANCES AND RESOLUTIONS RELATING TO THE REORGANIZATION OF THE BAYFRONT CONSERVANCY TRUST AND THE CHULA VISTA NATURE CENTER A. COUNCIL RESOLUTION APPROVING AMENDMENTS TO THE ARTICLES OF INCORPORATION AND BYLAWS OF THE ENVIRONMENTAL LEGACY FUND B. JOINT AGENCY/COUNCIL RESOLUTION FORGIVING AND ELIMINATING ALL AMOUNTS OWED BY THE NATURE CENTER TO THE CITY'S GENERAL FUND AND THE REDEVELOPMENT AGENCY AS OF THE DATE OF BCT DISSOLUTION AND RATIFYING THE BAYFRONT CONSERVANCY TRUST'S APPLICATION TO THE SECRETARY OF STATE FOR CORPORATE DISSOLUTION C. COUNCIL ORDINANCE ADDING CHAPTER 2.41 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO THE CREATION THE NATURE CENTER BOARD OF TRUSTEES D. COUNCIL ORDINANCE ADDING CHAPTER 2.19 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF THE NATURE CENTER DEPARTMENT, EFFECTIVE JULY 1, 2002 E. COUNCIL RESOLUTION APPOINTING DANIEL BEINTEMA THE DIRECTOR OF THE NATURE CENTER DEPARTMENT F. COUNCIL RESOLUTION AMENDING THE FY 2002/03 SPENDING PLAN TO ESTABLISH THE NATURE CENTER AS A GENERAL FUND DEPARTMENT, AND AMENDING THE ADOPTED BUDGET FOR FY 2001/02 APPROPRIATING $63,710 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND TO REPAY A LOAN FROM THE SEWER FUND TO THE NATURE CENTER CITY MANAGER / EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY Ii CITY MANAGER (J)(L t".) yf" 4/5THS VOTE: YES 0 NO D ...3 - f PAGE 2, ITEM NO.: MEETING DATE: 02/05/02 RECOMMENDATION That the Council approve the resolution relating to amendments to the Articles of Incorporation and Bylaws of the Environmental Legacy Fund; that the Council/Agency approve the resolution forgiving and eliminating all amounts owed by the Nature Center to the City and the Agency as of the date of Bayfront Conservancy Trust ("BCT") dissolution and ratifying the BCT's application for dissolution; that the Council approve the ordinance creoting the Nature Center Board of Trustees; that the Council approve the ordinance relating to the establishment of the Nature Center Department; thot the Council approve the resolution appointing Daniel Beintema the Director of the Nature Center Department; and that the Council approve the resolution amending the FY 2002/03 spending plan to establish the Nature Center as a General Fund department as of July 1, 2002, and finally appropriating funds from the available fund balance of the General Fund to repay the outstanding Sewer Fund loan to the Nature Center. . Since its incorporation in 1986, the function and mission of the Bayfront Conservancy Trust (BCT) has evolved from an entity seeking to receive and hold dedications of land, restore the Sweetwater Marsh complex, and own and operate the Chula Vista Nature Center. The BCT is now an entity whose mission is advisory in nature as an advocate for the enhancement of the Nature Center and the Sweetwater Marsh National Wildlife Refuge. To that end, it is the desire of the BCT to dissolve the nonprofit corporation and establish a new body charged with advising the City on matters related to the Chula Vista Nature Center. BOARDS/COMMISSIONS RECOMMENDATION At its meeting of April 27,2000, the Bayfront Conservancy Trust unanimously voted to communicate to the City Council its desire to restructure the organization, including the changing of its status to a board of the City of Chula Vista. At its October 17, 2001 meeting, the BCT was presented with the proposed changes to the Bylaws and Articles of Incorporation for the ELF, the draft ordinance creating the Nature Center Board of Trustees, the dissolution plan and other related items. At its November 1 2001 meeting, the ELF was provided notice and presented with the proposed changes. The existing governing documents require the ELF members to be provided with 30 days notice prior to acting on any amendments to the Bylaws or Articles of Incorporation. On December 5, 2001, the ELF and BCT held a joint meeting in which each organization unanimously approved the proposed modifications to both organizations and recommended that these items be brought forward to the City Council for ratification and action. 3-d- PAGE 3, ITEM NO.: MEETING DATE, 02/05/02 DISCUSSION Backaround and History The concept for establishing the Bayfront Conservancy Trust (BCT) and the Nature Center was developed during preparation of the Local Coastal Plan for Chula Vista. The BCT Articles of Incorporation and the By-Laws were drafted in 1985 with the assistance of the California Coastal Conservancy and they were formally adopted in October 1986 by the BCT Board which had been appointed by the City Council earlier that year. The Nature Center is now located in the Bayfront Redevelopment Project Area on the site of a former illegal dumping area on Gunpowder Point. The Bayfront Redevelopment Plan contains a series of objectives and actions to alleviate and prevent the spread of blight and deterioration of the Project Area. A number of these goals have been accomplished through the Agency's support of the Nature Center including: . encouraging tourism . providing needed improvements to the community's recreational, cultural, and other community facilities; and . promoting public improvement of facilities which are sensitive to the unique environmental qualities of the Project Area. In early 1987, in an effort in part to improve the environmental conditions of the blighted area, the Redevelopment Agency approved an agreement with the BCT for a five-year lease of the Nature Center to the BCT, and funded $1.6 million of the $2.25 million in construction costs for the Nature Center, which opened on July 4, 1987. The Agency also provided grants totaling $933,150 in Fiscal Years 1986/87 and 1987/88 for exhibits and start-up costs. Since 1987, Nature Center Staff, volunteers, City Crews, and the U.S. Fish and Wildlife Service have removed over 125,000 tons of trosh and debris from Gunpowder Point. Starting in Fiscal Year 1988/89, the City and Agency funding of the BCT has been considered a loan to the BCT. As of December 31, 2001, these loans total approximately $8.4 million, including interest. The relative BCT loan amounts from the City's General Fund and from the Agency have been calculated annually based on a formula for using Agency funds to support Bayfront promotional aspects of the Nature Center. Other sources of funds for the Nature Center budget include donations, memberships, grants, rental of the building to outside agencies and groups, and entrance fees. When the BCT was formed and the Nature Center constructed, it was anticipated that a Bayfront beneficial tax assessment district would be formed within a few years and that the annual assessments would support most, if not all, of the Nature Center's on-going operating costs. The requirement for Bayfront development to provide a funding mechanism for the Nature Center remains an element of the Mid-Bayfront Specific Plan (Local Coastal Plan). 3-3 PAGE 4, ITEM NO.: MEETING DATE: 02/05/02 Although various fund raising and partnership avenues have been pursued by City staff and the BCT, these efforts have not produced funds sufficient to completely support the annual budget, let alone provide for debt service. In fact, the mere existence of the loan from the City and Agency to the BCT significantly dampens the enthusiasm of would-be donors and sponsors to the paint of losing substantial gifts on a regular basis. In 1997, the Environmental Legacy Fund (ELF), an associated, but separate non-prafit corporation, was established to be the fund raising "arm" of the Nature Center. Its bylaws and articles of incorporation include the City and BCT as approving authorities. Although the ELF has only been in existence for a relatively short period of time, it has enjoyed limited success in its fundraising endeavors. The BeT's Evolution: How it aot to where it is today. The mission of the BCT is significantly different today than it was when it was formed 15 years ago. The original mission statement included language such as: "... preservina land, ... enaaaina in the restoration and preservation of the Sweetwater Marsh Complex and receivina and holdina dedications of land..." The BCT's new mission statement, adopted in the Spring of 1999 now reads: "... to advocate the preservation, protection and enhancement of the Chula Vista Nature Center and the Sweetwater Marsh National Wildlife Refuge." In short, the original intent was focused around active efforts to hold and restore land, where the evolved focus has become one of advocacy and support for the Nature Center and its association with the City of Chula Vista. There are a number of issues and events which have facilitated the BCT's evolution: . The Sweetwater Marsh Complex originally thought to be in need of support by an organized entity, was designated in 1988 as a National Wildlife Refuge and has been managed by the U.S. Fish and Wildlife Service ever since. . With the lack of Bayfront development and its associated revenue, the BCT has not had the financial wherewithal to assume the operation of the Nature Center. . The Nature Center has fostered close ties with the City and has fully integrated itself into the City management and support structure. . The magnitude of the debt is beyond the point where the BCT would ever be able to repay it. Mere existence of the debt dramatically affects the Nature Center's ability to attract grants and certain gifts. ..3-4- PAGE 5, ITEM NO.: MEETING DATE: 02/05/02 · The Environmental Legacy Fund (ELF) was formed os 0 separate non-profit corporation in 1997 to raise funds for the Nature Center. Its corporate separation intent from the City affords the ELF greater opportunities for traditional fund raising. Models for Reoraanization Recognizing this evolution, the BCT has taken a comprehensive look at its current function, its governing documents and its specific relationship to the City of Chula Vista/Nature Center as partners. The result is a desire by the BCT Board to transform the BCT function from being an independent future owner/operator of the Nature Center, to one where the Board would simply advise the City Council on Nature Center matters. In considering alternatives to the current configuration, the structure of the Library (department)/Library Boord of Trustees (advisory body)land the Friends of the Chula Vista Library (separate non-profit fund raising entity) was looked-to os 0 strong model because the individual elements are completely analogous to the Nature Center's elements of the Nature Center (deportment)/BCT Board (advisory body)/ and the ELF (separate non-profit fund raising entity). The Library model has worked effectively and has been in place for many years in support of the Library's operational, policy formulation, and financial needs. Although the BCT's proposed plan involves significant reorganization - including the dissolution of the BCT as a non-profit corporation, the establishment of the Board as an official advisory body to the City Council, and the changes to the ELF legal structure to reflect changes to the BCT's legal structure - the end-product would be one of increased cooperation, streamlined reporting relationships and vastly increased potential for revenue generation. The BCT's desire to be re-established as an advisory body to the City Council was referred to the Charter Review Commission to analyze related issues. Because the BCT's current board membership is comprised (appropriately) of representatives of various agencies, including the City of National City Council, US Fish and Wildlife Service, California Department of Fish and Game, etc., the Charter Review Commission addressed the need for board membership to be expanded to include non-electors of the City. Subsequently, a measure was placed on the November 7, 2000 Ballot amending the Charter to authorize, by a four-fifth's vote of the Council, the appointment of non-electors of the City of Chula Vista to advisory boards whose duties involve regional issues. The Charter now provides for the structuring of a board which will meet the unique membership needs to advise and support the Chula Vista Nature Center. Tonight, the Council is considering on ordinance adding Chapter 2.41 creating the Nature Center Boord of Trustees. It is set up to function in 0 similar manner to other boards and commissions of the City. The purpose of the Boord is to focus community energies and resources on developing 0 highly visible City with 0 unique and educational Nature Center. The Boord will serve os 0 resource to the Manager and Council on 011 matters pertaining to the Nature Center. ..1 - ~- PAGE 6, ITEM NO.: MEETING DATE: 02/05/02 Issues related to the Environmental Leaacy Fund As referenced above, the Environmental Legacy Fund's bylaws and articles of incorporation include the City and the BCT as approving authorities on matters ranging from appointment of board members to making changes to bylaws/articles of incorporation. In the field of professional fund raising, it is widely accepted that in order for a fundraising entity to be effective in fundraising operations, the entity must substantially present itself separate and distinct from local government control. In other words, donors will be more inclined to give if they feel that their tax dollars aren't already supposed to be funding the need, and that any money they do give will not be recommitted to some other un-related municipal purpose. The BCT reorganization plan will necessarily affect the ELF because of the BCT's integration in the ELF governing documents. It is proposed that changes be made to the ELF governing documents which would include removing the City and BCT as approving authorities in order to gain the necessary separation of the ELF from the City for fund raising reasons. The ELF will continue to exist for the specific purpose of raising funds to support the Chula Vista Nature Center. Recently, it has come to the City's attention that there exists an environmental terrorist group known as the Earth Liberation Front or - "ELF". It is proposed that the name of the fundraising entity supporting the Nature Center be changed to: "The Friends of the Chula Vista Nature Center". At a minimum, the ease of association to the Nature Center will be highly beneficial. The changes to the Articles of Incorporation are primarily to update the information and clean up the inconsistencies which have been discovered. The Bylaws have been modified to rename the organization, modify the method by which Directors are selected and renaming and reorganizing the internal structure of the organization. The Director of the Nature Center shall maintain a position on the Board of Directors of the revised nonprofit corporation to ensure the focus of the group remains the advancement of the Nature Center and preservation of the Marsh. Additionally, the City Council must approve any changes to the Articles of Incorporation or the Bylaws. Although this oversight authority maintains a connection between the City and the fundraising nonprofit, staff believes that the connection is remote enough, and with the removal of the City from the day to day operations of the fund raising organization, the relationship will not hinder fund raising efforts. Disposition of Loans to the BeT As stated previously, the current magnitude of the loans to the BCT is approximately $8.4_million. Although a grant received by the City for Nature Center operation in the early 1990's from the State (Environmental License Plate Fund) required the City to continue to fund the Nature Center through the year 2007, a 1995 staff report to the City Council discusses the high likelihood that the City/Agency may need to consider forgiving the debt altogether. In the recent past, some entities have expressed some interest in taking over the operation of the Center, but have become disenchanted when informed of the BCT's debt. In the absence of a reasonably stable funding 3-~ PAGE 7, ITEM NO.: MEETING DATE: 02/05/02 source which would meet the annual operations, maintenance, and debt service needs of the Nature Center, the BCT will be unable to repay the loans. The Chula Vista Nature Center really has always been a part of the City of Chula Vista. The strength of its deepest roots were directly nurtured by the City, and over the past 3+ years, the Nature Center's director has enabled a number of cooperative partnerships, established critical links with City programs and maintenance functions, and strengthened the Nature Center's image in the County as a world-class living nature center and museum. The number of municipalities which partner with, or directly operate environmentally-focused visitor centers or education facilities is growing. No longer is operating such a facility considered a function outside the normal responsibilities of a municipality; it is as much a part of the needs of the community as are libraries, parks or recreation centers. Having a nature center - the Chu/a Vista Nature Center -- as an element of the City's public service portfolio is an investment in preserving the future. As of December 31,2001 the BCT loans amounts are as follows: Principal Interest Total General Fund $2,411,594 $1,345,599 $3,757,193 Redevelopment Agency $3,149,709 $1,449,355 $4,599,064 Sewer Fund $ 43,852 $ 19,857 $63,710 Totals $5,605,155 $2,814,811 $8,419,967 The Nature Center has been funded by annual loans from the City and the Agency, as well as by various intergovernmental grants and of course donations. There has never been the capacity to repay any portion of the annual loans from the City and the Agency, and it is not expected that there ever will be such a capacity. Therefore, since the center is now formally becoming part of the City, it makes sense to forgive and eliminate this amount owed by the center to the City and the Agency. This also means that all future funding for Nature Center operations from the Agency will be considered a subsidy and will not be subject to repayment. Since a small portion of the outstanding loan is for work funded by the Sewer Fund, it will be necessary to repay the Sewer Fund from the City General Fund in order to relieve this debt. Nature Center Department/Employees Although the Chula Vista Nature Center has operated under the Bayfront Conservancy Trust since the Center's opening in 1987, the Nature Center employees (both paid and volunteer) who operate and maintain the Center have been considered employees of the City of Chula Vista for pay, retirement and liability purposes. Specifically, the Cooperation Agreement approved by the City Council in 1987 provided that the BCT staff will be City employees with the City Manager being responsible for the hiring and termination of the employees. However, even though the Nature Center is treated as a department for administration, management, and budgetary ..3 -7 PAGE 8, ITEM NO.: MEETING DATE: 02/05/02 purposes, it has never been established, officially, as a City department to which the employees can be assigned. It was not until recently, during the comprehensive evaluation of the BCT functions, that Staff became fully aware of this oversight. Section 500 of the City Charter provides that the City Council may by ordinance create additional departments, and that the City Manager be responsible for the organizational structure of those departments created, including assigning duties, delegating administrative powers, and providing staff. The Charter states further that each department so created shall be headed by an officer designated as department head who shall be appointed by the City Manager, subject to the approval of the City Council. In October of 1998, the City Manager assigned Daniel Beintema to function as the Director of the Chula Vista Nature Center, and immediately thereafter he was integrated fully into the Executive Management team. Pursuant to the provisions of the Charter referenced above, it is the City Manager's desire to officially appoint Mr. Beintema as the Director of the Chula Vista Nature Center. With the establishment of the Nature Center Department by adoption of the proposed ordinance, it is also necessary for the Council to approve the City Manager's appointment of the Nature Center's director. FISCAL IMPACT Dissolution of the BCT Other than the repayment of the $63,710 Sewer Fund loan from the available fund balance of the General Fund, there is no real fiscal impact to the City or the Agency as a result of dissolving the BCT. Operating loans from both the City and the Agency that have accumulated over the years, but have been fully reserved as uncollectable, will be forgiven and eliminated from the balance sheets of both entities. Creation of the Nature Center Department As the Nature Center employees have been treated as employees of the City of Chula Vista dating back to 1987, and as the Nature Center operations have been funded each year in the budget as a department, there is no fiscal impact created by this action. Some minor savings have been realized recently through the discovery and elimination of duplicative insurance policies maintained by both the City and the BCT. J, \COMMDEV\ST AFF. REP\02 -05-02\8CT REORG.doc ..3 -<6 RESQLUTlQN NQ. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPRQVING AMENDMENTS TQ THE ARTICLES QF INCQRPQRATIQN AND BYLAWS QF THE ENVIRONMENT AL LEGACY FUND WHEREAS, the Enyironmental Legacy Fund's ("ELF") bylaws and articles of incorporation ("Goyerning Documents") include the City and the BayFront Conservancy Trust ("BCT") as approying authorities on matters ranging from appointment of board members to making changes to bylaws and articles of incorporation; and WHEREAS, at its Noyember I 2001 meeting, the ELF was proyided notice and presented with the proposed amendments to the Governing Documents; and WHEREAS, on December 5, 2001, the ELF and BCT held a joint meeting at which each organization unanimously approved the proposed modifications to both organizations and recommended that these items be brought forward to the City Council for ratification and action; and WHEREAS, the changes to the ELF Articles of Incorporation are primarily to update the information and address the inconsistencies which haye been discoyered; and WHEREAS, the ELF Bylaws haye been modified to rename the organization, modify the method by which Directors are selected and reorganize the internal structure of the organization. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approye the resolution relating to amendments to the Articles of Incorporation and Bylaws of the Enyironmental Legacy Fund as documented in Attachment I. Presented by Approyed as to form by Dan Beintema Nature Center Director J:\Attorncy\RESO\Nature Center A.doc ..d -CJ ATTACHMENT 1 BY-LAWS OF THE FRIENDS QF THE CHULA VISTA NATURE CENTER ARTICLE I NAMES, PURPOSES AND PRINCIPAL OFFICE Section 1.1 Name, The name of this corporation is the Friends of the Chula Vista Nature Center. Section 1.2 Purposes. The corporation is organized under the Nonprofit Public Benefit Corporation Law of California exclusively for charitable and educational purposes, within the meaning of Section 501 (c)(3) of the Internal Revenue Code. The purpose of this corporation is to provide and raise funds and other support for the environmental education programs, operation, and maintenance of the Chula Vista Nature Center. Section 1,3 Principal Office. The principal office of this corporation shall be located at the Chula Vista Nature Center in Chula Vista, State of California, at 1000 Gunpowder Point Drive, Chula Vista, 91910-1201. ARTICLE II MEMBERSHIP This corporation shall have no members. ARTICLE III BOARD OF DIRECTORS Section 3.1 Powers. This corporation shall have powers to the full extent allowed by law. All powers and activities of this corporation shall be exercised and managed directly by the Board. Section 3.1,1 Majority Action as Board Action Every act or decision by a majority of the directors present duly held at which a quorum is present shall be regarded as the act of the Board of Directors, subject to the provisions of the California Nonprofit Public Benefit Corporation Law including, without limitations, those provisions relating to (1) approval of contracts or transactions in which a director has a direct or indirect material financial interest, (2) creation of and appointments to committees of the board, and (3) indemnification of directors. .,d-IO BY-LAWS OF THE FRIENDS OF THE CHULA VISTA NATURE CENTER Section 3,2 Number of Directors. The corporation shall have 15 voting directors and collectively they shall be known as the Board of Directors. The number may be changed by amendment of this Bylaw, or by repeal of this Bylaw and adoption of a new Bylaw, as provided in these Bylaws. In any case, the number of directors shall not exceed the maximum number authorized in this corporation's Articles of Incorporation. Section 3.2.1 Honorary Directors In addition to the 15 voting directors, the Board of Directors may appoint an unlimited number of honorary directors to the board. Honorary directors do not actively participate in board activities but have been appointed by reason of distinguished contribution to the Chula Vista Nature Center. Honorary directors may advise and consult the board on all matters presented before it but cannot vote, make motions, etc.. Honorary directors may be removed at any time with or without cause by a majority vote of the Board of Directors. Section 3.3 Selection of Directors, The Director of the Chula Vista Nature Center shall be an ex-officio voting member of the Board of Directors and also serve as President of the corporation. Directors shall be elected by the Board of Directors one at a time. Each vacancy is filled by using a separate election. No election of directors shall take place unless a quorum is present. A slate of directors may be elected with one vote, if done so unanimously. The process of filling a vacancy shall begin by having a director or one of the corporation's officers nominate at least one candidate. Each candidate shall have five minutes to present a statement as to his/her qualifications. After nomination, a secret vote by the Board of Directors shall be taken with each director voting for the candidate of his/her choice or by refraining from voting altogether (either by not voting or submitting a ballot with no choice - an "abstention"). A non-secret vote may be conducted if approved unanimously by the Board. Ballots shall be tallied by the President and Secretary and certified by the Chairperson of the Board. A candidate must receive a simple majority of all votes cast to be elected. An abstention shall count as a vote cast. Should no candidate receive a simple majority on the first vote, the bottom candidate will be removed and another vote taken. This shall proceed until one candidate receives a simple majority. If no candidate receives a simple majority, that position cannot be filled and a new round of nominations shall be taken at some point in the future (if approved by the Board). -3-1( 2 BY-LAWS OF THE FRIENDS OF THE CHULA VISTA NATURE CENTER In the event that two candidates receive votes totaling exactly fifty percent (50%) of all votes cast (meaning no abstentions were proffered), the Chairperson of the Board shall break the tie - even if he/she has voted in the round that produced the tie. Board members elected at a meeting may not participate in the election of other Board members at the same meeting, but may engage in the conduct of other corporate business. Section 3.4 Term of Office of Directors The term of office for a director shall be two (2) years. Section 3.4.1 Director seats shall be divided as equally as possible into two classes. The seats of the directors of the first class shall be elected in year one, the second class in year two, so that one-half are elected every year. If a vacancy occurs during the term of a director then that vacancy may be filled and sit until the seat in question is up for re-election. Section 3.4.2 Directors may be removed without cause at any time by a two-thirds vote of the Board of Directors. Section 3,5 Vacancies. A vacancy shall be deemed to exist in the event that the actual number of voting directors is less than the number of directors authorized in these by-laws for any reason A majority vote of the Board is required to open the floor for nominations to fill a vacancy. Section 3.6 Meetings, Meetings shall be governed by Robert's Rules of Qrder, insofar as such rules are not inconsistent with these Bylaws, a Board resolution, the Articles of Incorporation, or with provisions of state or federal law. Meetings of the Board of Directors shall be presided over by the Chairperson of the Board, or, if no such person has been so designated or, in his or her absence, the Vice-Chairperson or, in his or her absence, by the President of the corporation or, in the absence of each of these persons, by a Chairperson chosen by a majority of the directors present at the meeting. The Secretary of the corporation shall act as secretary of all meetings of the board, provided that, in his or her absence, the presiding officer shall appoint another person to act as Secretary of the Meeting. Section 3.6.1 Action by Unanimous Written Consent Without Meeting Any action required or permitted to be taken by the Board of Directors under any provision of law may be taken without a meeting, if all members of the board shall individually or collectively consent in writing to such action. For the purposes of this Section only, "all members of the board" shall not include any "interested director" as .3-12- 3 BY-LAWS OF THE FRIENDS OF THE CHULA VISTA NATURE CENTER defined in Section 5233 of the California Nonprofit Public Benefit Corporation Law. Such written consent or consents shall be filed with the minutes of the proceedings of the board. Such action by written consent shall have the same force and effect as the unanimous vote of the directors. Any certificate or other document filed under any provision of law which relates to action so taken shall state that the action was taken by unanimous written consent of the Board of Directors without a meeting and that the Bylaws of this corporation authorize the directors to so act, and such statement shall be prima facie evidence of such authority. Section 3.6.2 Waiver of Notice and Consent to Holding Meetings The transactions of any meeting of the board, however called and noticed or wherever held, are as valid as though the meeting had been duly held after proper call and notice, provided a quorum, as hereinafter defined, is present and provided that either before or after the meeting each director not present signs a waiver of notice, a consent to holding the meeting, or an approval of the minutes thereof. All such waivers, consents, or approvals shall be filed with the corporate records or made a part of the minutes of the meeting. Section 3.7 Annual Meeting. An annual meeting shall be held every year in either the month of January or February. An exact date shall be fixed by a vote of the Board each year during the regular meeting scheduled closest to Qctober 1 sl. If the annual meeting cannot or is not held during one of the months listed above, the board shall convene an annual meeting the first Tuesday of March. Director seats up for reelection and Qfficers of the corporation are elected by the board at each annual meeting. Section 3.8 Regular Meetings, The Board of Directors, by resolution, shall establish a schedule of regular meetings that occur no less than bi-monthly. Section 3.9 Special Meetings, Special meetings of the Board of Directors may be called by the Chairperson of the Board, President, Secretary, or any three (3) directors, by written notice delivered personally as well as by first class mail, e-mail, telephone or facsimile. Such notices shall be sent to each director at his or her street address, e-mail address, telephone number or facsimile number as shown on the books of the corporation. . The notice shall state the time, place, and subject matter of such special meeting. ...3 - 13 4 BY-LAWS OF THE FRIENDS OF THE CHULA VISTA NATURE CENTER Section 3.10 Quorum. The presence of more than fifty percent (50%) of the current Board Members with voting rights (vacant board seats excluded) shall constitute a quorum for the transaction of business at regular bi-monthly meetings, except to adjourn as provided in Section 3.11 of this Article III. 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. Section 3.11 Adjournment. A majority of the directors present, whether or not constituting a quorum may adjourn any meeting to another time and place. Notice of the time and place of holding an adjourned meeting need not be given, unless the meeting is adjourned for more than 24 hours, in which case personal notice of the time and place shall be given before the time of the adjourned meeting to the directors who were not present at the time of the adjournment. Section 3,12 Standard of Care. A, General. A director shall perform the duties of a director, including duties as a member of any committee of the board on which the director may serve in good faith, in a manner such director believes to be in the best interests of this corporation, and with such care, including reasonable inquiry, as an ordinarily prudent person in a like situation would use under similar circumstances. In performing the duties of a director, a director shall be entitled to rely on information, opinions, reports or statements including financial statements and other financial data, in each case prepared or presented by: (1) Qne or more officers or employees of the corporation whom the director believes to be reliable and competent in the matters presented; (2) Counsel, independent accountants or other persons as to matters which the director believes to be within such person's professional or expert competence; or (3) A committee of the board upon which the director does not serve, as to matters within its designated authority, which committee the director believes to merit confidence, so long as in any such case, the director acts in good faith, after reasonable inquiry when the need therefore is indicated by the circumstances and without knowledge that would cause such reliance to be unwarranted. A person who performs the duties of a director in accordance with the foregoing shall have no liability based upon any failure or alleged failure to discharge that persons obligations as a director. -3 - ('-I 5 BY-LAWS OF THE FRIENDS OF THE CHULA VISTA NATURE CENTER B, Non-Liability of Directors. The directors shall not be personally liable for the debts, liabilities, or other obligations of the corporation. C. Indemnification by Corporation of Directors, Officers, Employees and Other Agents. To the extent that a person who is, or was, a director, officer, employee or other agent of this corporation has been successful on the merits in defense of any civil, criminal, administrative or investigative proceeding brought to procure a judgment against such person by reason of fact that he or she is, or was, an agent of the corporation, or has been successful in defense of any claim, issue or matter, therein, such person shall be indemnified against expenses actually and reasonable incurred by the person in connection with such proceeding. If such person either settles any such claim or sustains a judgment against him or her, then indemnification against expenses, judgments, fines, settlements and other amounts reasonably incurred in connection with such proceedings shall be provided by this corporation but only to the extent allowed, by and in accordance with the requirements of Section 5238 of the California Nonprofit Public Benefit Corporation Law. D. Insurance for Corporate Agents. The corporation shall have the right to purchase and maintain insurance to the full extent permitted by law on behalf of any agent of the corporation, including a director, officer, employee or other agent of the corporation, 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 agents status as such. Section 3,13 Prohibited Transactions. A. Loans. This corporation shall not make any loan of money or property to or guarantee the obligation of any director or officer; provided, however, that this corporation may advance money to a director or officer of this corporation for expenses reasonably anticipated to be incurred in performance of the duties of such officer or director so long as such individual would be entitled to be reimbursed for such expenses absent the advance. Section 3,14 Compensation, At all times, more than fifty percent of the directors shall be persons who have not been compensated, within the previous twelve months, by this corporation for services performed for this corporation. In this Section, the term "persons" includes individuals related by blood or marriage. J -/~ 6 BY-LAWS OF THE FRIENDS OF THE CHULA VISTA NATURE CENTER ARTICLE IV COMMITTEES Section 4.1 Committees of Directors. The Board of Directors may designate one (1) or more committees, each consisting of three (3) or more voting directors to serve at the pleasure of the board. Appointments to all committees shall be made by a majority vote of the directors. Any committee, to the extent provided in the board resolution, shall have all the authority of the board, except that no committee, regardless of board resolution may: A. Expend any corporate funds for any purpose without the express authorization of the Board of Directors; B. Expend any corporate funds for any purpose without the express authorization of the Board of Directors; C. Amend or repeal by-laws or adopt new by-laws; D. Amend or repeal any resolution of the Board of Directors which by its terms is not so amendable or repealable; E, Appoint any other committees of the Boarq of Directors. Section 4,2 Meetings. Meetings and actions of committees shall be governed by and held and taken in accordance with the provisions of Article III of these by-laws concerning meetings of directors, with such changes in the context of those by-laws as are necessary to substitute the committee and its members for the Board of Directors and its members. Minutes shall be kept of each meeting of any committee and shall be filed with the corporate records. The Board of Directors may adopt rules for the governance of any committee not inconsistent with the provisions of these by- laws. ARTICLE V OFFICERS Section 5.1 Qfficers. The officers of this corporation shall be Chairperson, Vice-Chairperson, President, Secretary, and Treasurer. The corporation may also have at the discretion of the directors, such other officers as may be appointed by the directors. Any number of offices may be held by the same ~ -(G, 7 BY-LAWS OF THE FRIENDS OF THE CHULA VISTA NATURE CENTER person, except that neither the secretary nor the treasurer may serve concurrently as the Chairperson of the Board. The President shall be the Director of the Chula Vista Nature Center, who shall also be an ex- officio voting member of the Board of Directors. The other officers of the corporation, except the Chairperson and Vice-Chairperson, need not be (but may be) members of the Board of Directors. Section 5.2 Appointment. The officers of this corporation, with the exception of the President, shall serve at the pleasure of the board, subject to the rights, if any, of an officer under any contract of employment. The officers of the corporation shall be appointed by the Board of Directors at each annual meeting in the same manner as the election of directors described in Section 3.3 of these by-laws. A Chairperson and Vice-Chairperson of the Board shall be elected from the pool of.all voting board members by a simple majority of all votes cast and in manner consistent with Section 3.3 above. As in Section 3.3, an abstention shall count as a vote cast. Section 5,3 Removal. Subject to the rights, if any, of an officer under any contract of employment, any officer, with the exception of the President, may be removed with or without cause by a majority vote of the Board of Directors pursuant to applicable law. Section 5.4 Resignation. An officer may resign at any time by giving written notice to this corporation. The resignation shall take effect at the date of the receipt of that notice or at any later time specified by 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 5.5 Vacancies. A vacancy in any office for any reason shall be filled in the manner described in these by-laws for regular appointments to that office. Section 5,6 Chairperson of the Board ("Chairperson") The Chairperson of the Board, among other things, presides over all meetings, calls special meetings, accepts the resignation of board members or officers, breaks ties during the election of directors, and acts as chief executive officer of the corporation if no President is currently serving. Section 5.7 Vice-Chairperson of the Board ("Vice-Chairperson') ,..:J - ( 7 8 BY-LAWS OF THE FRIENDS OF THE CHULA VISTA NATURE CENTER In the absence of the Chairperson of the Board, or in the event of his or her inability or refusal to act, the Vice-Chairperson shall preside at all meetings of the Board of Directors, and shall, subject to the control of the board, have the powers and duties of the Chairperson. Section 5.8 President. The President shall be the chief executive officer of the corporation, and shall, subject to control of the board, or subject to such other actions as the board may take, generally supervise, direct and control the business and the officers of the corporation. Section 5.9 Secretary, The Secretary shall: Certify and keep at the principal office of the corporation the original, or a copy of these Bylaws as amended or otherwise altered to date. Keep at the principal office of the corporation or at such other place as the board may determine, a book of minutes of all meetings of the directors, and, if applicable, meetings of committees of directors and of members, recording therein the time and place of holding, whether regular or special, how called, how notice thereof was given, the names of those present or represented at the meeting, and the proceedings thereof. See that all notices are duly given in accordance with the provisions of these Bylaws or as required by law. Be custodian of the records and of the seal of the corporation and see that the seal is affixed to all duly executed documents, the execution of which on behalf of the corporation under its seal is authorized by law or these Bylaws. Keep at the principal office of the corporation a Board of Directors log containing the name, address, and contact information of each and any director, and, in the case where any directorship has been vacated, he or she shall record such fact in the log together with the date on which such directorship ceased. This log shall also track the date each director seat is up for reelection. Exhibit at all reasonable times to any director of the corporation, or to his or her agent or attorney, the Bylaws, the Board of Directors log, and the minutes of the proceedings of the directors of the corporation. In general, perform all duties incident to the office of Secretary and such other duties as may be required by law, by the Articles of Incorporation of this corporation, or by these Bylaws, or which may be assigned to him or her from time to time by the Board of Directors. Section 5.10 Treasurer. ...:3 - ( f 9 BY-LAWS OF THE FRIENDS OF THE CHULA VISTA NATURE CENTER The treasurer shall have charge and custody of all funds of the corporation, shall deposit such funds in the manner required by the board, shall keep and maintain adequate and correct accounts of the corporations properties and business transactions, shall render reports and accountings as required, and shall discharge such other duties as pertain to the office or as prescribed by the directors. The books of account shall be open to inspection by any officer at all reasonable times. The board may require the treasurer to give the corporation a bond in the amount and with the surety or sureties specified by the board for faithful performance of the duties of the office and for restoration to the corporation of all of its books, papers, vouchers, money, and other property of every kind in the possession or under the control of the chief financial officer on his or her death, resignation, retirement, or removal from office. ARTICLE VI REPORT TO DIRECTORS Section 6.1 Annual Report. The President shall furnish a written report within 120 days after the end of the corporation's fiscal year to all of the directors containing the following information: A, The assets and liabilities, including the trust funds, of this corporation as of the end of the fiscal year; B. The principal changes in assets and liabilities, including trust funds, during the fiscal year; C. The revenue or receipts of this corporation, both unrestricted and restricted for particular purposes, for the fiscal year; D, The expenses or disbursements of this corporation, for both general and restricted purposes during the fiscal year; E, The amount and circumstances of any indemnifications or advances aggregating more than FIVE THOUSAND DOLLARS ($5,000.00) paid during the fiscal year to any officer or director of the corporation. The annual report shall be accompanied by a report on the corporation by independent accountants or, if there is no such report, by the certificate of an authorized officer of the corporation that such statements were prepared without audit from the corporation's books and records. Section 6.2 Inspection by Directors. ~-('j 10 BY-LAWS OF THE FRIENDS OF THE CHULA VISTA NATURE CENTER Every director shall have the absolute right at any reasonable time to inspect the corporation's books, records, documents of every kind and the corporation's property. The right of inspection includes the right to copy and make extracts of documents. ARTICLE VII AMENDMENTS Section 7,1 Amendment of Articles of Incorporation, Proposed amendments to this corporation's Articles of Incorporation must be submitted in writing to all directors via personal delivery, first class mail, electronic mail, or facsimile at least two (2) weeks in advance of the board meeting at which they will be considered for adoption. A three-quarter majority vote of the directors present at any meeting shall be required to adopt an amendment to the Articles of Incorporation. Section 7,2 Amendments to By-Laws. Proposed amendments to this corporation's by-laws must be submitted in writing to all directors via personal delivery, first class mail, electronic mail, or facsimile at least two (2) weeks in advance of the meeting at which they will be considered for adoption. A two-thirds majority vote of the directors present at a meeting shall be required to adopt an amendment to the by-laws of this corporation. ARTICLE VIII MISCELLANEOUS Section 8.1 Fiscal Year, The fiscal year of this corporation shall end each year on June 30. Section 8.2 Corporate Seal. This corporation shall have a seal which shall be specified by resolution of the Board of Directors. The seal shall be affixed to all corporate instruments, but failure to affix it shall not affect the validity of the instrument. Section 8.3 Execution of Checks. Except as otherwise provided by law, every check, draft, promissory note, money order, or other evidence of indebtedness of the corporation shall be signed by such individuals as are authorized by the Board of Directors. ..3-.;L() 11 ARTICLES OF INCORPORATION OF THE FRIENDS OF THE CHULA VISTA NATURE CENTER Article I--Name The name of this corporation is the Friends of the Chula Vista Nature Center. Article II-Nature and Purpose of Organization A. This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for public and charitable purposes. B. The purpose for which this corporation is organized is to provide and raise funds and other support for the environmental education programs, operation, and maintenance of the Chula Vista Nature Center. Article III--Agent for Service The name and address in the State of California of this corporation's initial agent for service of. process is: Name: Address: Dr. Stephen Neudecker, Executive Director Bayfront Conservancy Trust 1000 Gunpowder Point Drive Chula Vista, CA 91910-1201 Article IV--Umitations of Powers of Corporation A. The corporation is organized and operated exclusively for charitable purposes within the meaning of Section 501 (c)(3) of the Internal Revenue Code. B. Notwithstanding any other provisions of these Articles, the corporation shall not carryon any other activities not permitted to be carries on (1) by a corporation exempt from federal income tax under Section 501 (c)(3) of the Internal Revenue Code or (2) by a corporation contributions to which are deductible under Section 170(c)(2) of said Code, or the corresponding provisions of any future statute of the United States. C. No substantial part of the activities of this corporation shall consist of carrying on propaganda or otherwise attempting to influence legislation; nor shall the corporation participate or intervene in any political campaign ..3 -.;:L ( ARTICLES OF INCORPORATION OF THE FRIENDS OF THE CHULA VISTA NATURE CENTER (including the publishing or distribution of statements) on behalf of any candidate for public office. Article V--Board of Directors The Friends of the Chula Vista Nature Center shall be governed by a Board of Directors of no more than 30 voting persons. The names and address of the persons designated to act as the initial Board of Directors are: Name: Address: Name: Address: Name: Address: Gregory R. Cox 647 Windsor Circle Chula Vista, CA 91910 Dr. Stephen Neudecker, Executive Director Bayfront Conservancy Trust 1000 Gunpowder Point Drive Chula Vista, CA 91910-1201 George W. Turner 867 Date Street Chula Vista, CA 91911 Article VI--Dissolution of Corporation A. The property of this Corporation is irrevocably dedicated to charitable purposes, and no part of the net income or assets of the corporation shall ever inure to the benefit of any director, trustee, member or officer of this corporation, nor to any private person. B. Upon the dissolution of the corporation, any assets remaining after payment of, or provision for payment of, all debts and liabilities shall be distributed to a non-profit fund, foundation, or corporation which is organized and operated exclusively for charitable purposes, which has established its tax exempt status under Section 501 (c)(3) of the Internal Revenue Code or the corresponding provisions of any future statute of the United States. C. In the event of a liquidation of this corporation, all corporate assets shall be disposed of in such a manner as may be directed by the court consistent with applicable provisions of the Corporations Code. ..3-c2d-. 2 CQUNCIL RESQLUTION NQ. 2002- AND AGENCY RESOLUTION NO. JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY QF THE CITY OF CHULA VISTA FORGIVING AND ELIMINATING ALL AMOUNTS QWED BY THE NATURE CENTER TQ THE CITY'S GENERAL FUND AND THE REDEVELQPMENT AGENCY AS OF THE DATE OF BCT'S DISSOLUTION AND RATIFYING THE BAYFRONT CONSERVANCY TRUST'S APPLICATIQN TQ THE SECRETARY QF STATE FQR CORPORATE DISSOLUTION WHEREAS, the Nature Center ("Center") has been funded by annual loans from the City and the Agency, as well as by various intergoyemmental grants and donations; and WHEREAS, there has never been the capacity to repay any portion of the annual loans from the City and the Agency, and it is not expected that there eyer will be such a capacity; and WHEREAS, since the Center is now formally becoming part of the City, it makes sense to forgive and eliminate this amount owed by the Center to the City and the Agency; and WHEREAS, all future funding for Center operations from the Agency will be considered a subsidy and will not be subject to repayment; and WHEREAS, operating loans from both the City and the Agency haye accumulated oyer the years, but have been fully reserved as uncollectable, will be forgiyen and eliminated from the balance sheets of both entities; and WHEREAS, the Agency funds have been used by the Center to encourage tourism; and WHEREAS, the Agency funds have been used by the Center to provide needed improvements to the community's recreational, cultural, and other community facilities; and WHEREAS, the Agency funds haye been used by the Center to promote public improyement of facilities which are sensitiye to the unique enyironmental qualities of the area; and WHEREAS, the use of Agency funds by the Center to accomplish these goals is consistent with Community Redevelopment Law and the Bayfront Redeyelopment Plan by alleviating and preyenting the spread of blight and deterioration of the project area; and WHEREAS, the Agency loans recommended for forgiyeness are approximately $4,599,064; and -3 -02. 3 WHEREAS, the BCT was created in 1985 and was focused around actiye efforts to hold and restore land at the Sweetwater Marsh Complex; and WHEREAS, a number of eyents haye transpired which haye impacted the BCT's need and ability to perform the original goals including the 1988 designation of the Sweetwater Marsh Complex as a National Wildlife Refuge and the lack of Bayfront deyelopment to generate the reyenue necessary to independently operate the Center; and WHEREAS, at its December 5, 2001 meeting, the BCT unanimously approyed the dissolution of the BCT and recommended the formation of a City Board to adyise the Council on matters associated with the Center. NOW, THEREFORE, BE IT RESOLVED that the City and Redeyelopment Agency of the City of Chula Vista does hereby: I. Approye the resolution forgiying and eliminating all amounts owed by the Nature Center to the City's General Fund and the Redeyelopment Agency as of the date of Bayfront Conservancy Trust dissolution. 2. Ratify the Bayfront Conservancy Trust's application to the Secretary of State for corporate dissolution. Presented by Approyed as to form by Dan Beintema Nature Center Director J:\Attorney\RESO\Naturc Center B.doc 2 ...3-".2'-/ ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 2. 41 TO THE CHULA VI STA MUNICIPAL CODE RELATING TO THE CREATION OF THE NATURE CENTER BOARD OF TRUSTEES SECTION I: Municipal code is That Chapter 2.41 of the Chula hereby added to read as follows: Vista Chapter 2.41 Sections: 2.41.010 2.41.020 2,41.030 2.41.040 2.41.050 2.41.060 Creation. Purpose and Intent Functions and Duties. Membership. Term of Office. Operation of Board of Trustees, 2.41.010 Creation. This chapter will create a Nature Center Board of Trustees. 2,19,020 Purpose and Intent. It is the purpose and intent of the City Council in establishing the Nature Center Board of Trustees to create an advisory body which would serve as a resource to advise and make recommendations to the City Council and the City Manager on all matters pertaining to the Nature Center. The purpose of the Board of Trustees is to focus communi ty energies and resources on developing a highly visible city with a unique and educational Nature Center and to develop, support, and nurture those ideas which expand the Nature Center for the entire community. The City Council finds and believes that a premier Nature Center is a benefit to the region as a whole. The preservation of environmental resources, environmental education and the existence of the Nature Center are of regional significance. J-~:;} A. 2.41.030 The Trustees Functions and Duties. function and duties of the shall be as follows: Nature Center Board of A. Recommend to the City Council laws, rules and regulations for the administration and Center; the adoption of such by- as it may deem necessary protection of the Nature B. Help coordinate and marshal support for the Nature Center; C, Formulate recommendations for Nature Center including funding mechanisms criteria selection and placement of new exhibits, for review plans, and guidelines to carry Center programs; programs, for the procedures out Nature D. Regularly assess, review and update recommended goals and long-range plans for the Nature Center; and regularly solicit public input on the Nature Center; E. Encourage the development of Nature Center and environmental education programs at the Nature Center for the youth of Chula Vista and the region; F. Promote the continuation and expansion of the Nature Center and environmental education programs which will attract visitors and income. The Board of Trustees, by having a definite focus and by demonstrating a high degree of commitment to the Nature Center, can conduct strategic long-range planning to help reach these goals. 2,41.040 Membership. Number of Members. The Board of consist of 9 voting members, one member and such general ex-officio Board of Trustees as the City Council to time, appoint. Trustees shall staff ex-officio members of the shall, from time B. Designation of Members. be 1. Voting appointed by shall with Members. the City The 9 voting members Council in accordance 2 J:\Attorney\Ordinance\Nature Center Bd of Trustees J -~G, the provisions Charter. of Section 600, et seq, , of the 2. Staff Ex-Officio Member. The one staff ex- officio member shall be the City Manager or his designated representative, who shall not be required to be a qualified elector of the City, and who shall have no vote ("staff ex-officio member") . 3. General Ex-Officio Members. The City Council, or its designee, may appoint such additional ex-officio members of the Board of Trustees as they deem appropriate. Any such appointed ex-officio members shall have no vote ("general ex-officio member" ) 2.41.050 Term of Office. A. Term of Office - All Classes of Members. 1. Post-Initial Terms. Except as otherwise provided in this subsection (A), the term of office of all members, and all classes of members, of said Board of Trustees shall be for a nominal period of four years, and shall terminate on June 30th of the fourth year of their term, unless they shall otherwise sooner resign, die, become disqualified or incompetent to hold office. 2. Initial Terms of Voting Members. Notwithstanding subsection (A) (1) of this section, the initial terms of voting members shall commence upon appointment and shall conclude for 1 voting member on June 30, 2002; for 2 voting members on June 30, 2003; for 3 voting members on June 30, 2004, and for 3 voting members on June 30, 2005, unless they shall otherwise sooner resign, die, become disqualified or incompetent to hold office. a. Appointment to Initial Terms by Lot. Appointment of the initial voting members as to the initial terms shall be determined by lot, the fairness of which method shall be approved by the Mayor in advance if agreement as to method cannot be reached among the voting members. 3 J:\Attorney\Ordinance\Nature Center Ed of Trustees -J-~ 7 3. Staff-Ex-Officio Member. The term of the staff ex-officio members shall be indefinite. 4. General Ex-Officio Member. general ex-officio members shall be for four years from the time of appointment. The term a period of of 5. Holdover Office. Notwithstanding the end of any member's initial term or post-initial term as herein provided, a member, other than the staff ex- officio members, shall be permitted to continue to exercise the privileges of his or her former office for not longer than six months after the end of the term until the office to which the member was appointed is filled by reappointment or by the appointment of a qualified successor. 6. office shall events Vacancies, Notwithstanding the term of to which a member is appointed, said office be deemed vacant upon any of the following ("event of vacancyff): a, that renders duties of his The death or disability said member incapable of office. of said member performing the b, The member's conviction of a felony or crime involving moral turpitude. c. The member's absence from three regular consecutive meetings of the Board of Trustees unless excused by majority vote of the Board of Trustees, expressed in its official minutes. d. The which resignation Council. member has has been submitted accepted a resignation, by the City four e. The membership has affirmative votes of the City been terminated Council. by Upon the occurrence of an event of vacancy as hereinabove listed, the City Council shall so declare the office to be vacant, and shall expeditiously take such steps as are necessary to fill said vacancy. J:\Attorney\Ordinance\Nature Center ad of 4 Trustees J-c2 r B. Number of Terms. 1. Voting Members. a. Two-Term Limit. be appointed to more than two provided ("two-term limit") No voting member shall terms except as herein b. Unexpired Term Exception. Notwithstanding the two-term limit, a person appointed to the Board of Trustees as a voting member to fill the unexpired term of an office of a voting member which has become vacant ("unexpired term"), which has less than two years remaining on said unexpired term, may be appointed to two terms in addition to their unexpired term. A voting member who currently occupies an office may not be reappointed to fill the unexpired term of another office which has become vacant. c. Initial Term Exception. Notwithstanding the two-term limit, a person appointed to an initial term of two or less years may be appointed at the natural expiration of their initial term to two full four-year terms in addition to their initial term. A voting member who occupies an office under an initial term may not be appointed to fill the unexpired term of another office which has become vacant. serve on years of office or officio. d. Any voting member may be reappointed to the Board of Trustees after two successive not serving on the Board of Trustees in any membership capacity voting or staff ex- 2. Staff officio members City Council. Ex-Officio shall serve Member. as the The staff pleasure of ex- the 3. General Ex-Officio Members. A general ex- officio member may be reappointed without limitation as to number of terms, 5 J:\Attorney\Ordinance\Nature Center Ed of Trustees --=' - .2... '1 2.41.060 Operation of Board of Trustees, A. Frequency, Time and Place of Regular meetings. The Board of Trustees shall hold at least one regular meeting each month commencing at 4:00 p.m. on the first Wednesday thereof, or at such other day and time that it shall designate by written resolution, a copy of which shall be forwarded to the City Council and entered in the minutes of the meeting thereof, at the Chula Vista Nature Center, Chula Vista, or at such other place that it shall designate by written resolution, a copy of which shall be forwarded to the City Council and entered in the minutes of the meeting thereof, or as may be posted upon the door of Nature Center at least 30 minutes in advance of the meeting. B. Officers of the Board of Trustees. The Board of Trustees shall select a chair and a vice-chair from among its voting members. The chair and vice-chair so selected shall serve for a period of one year. C, Special meetings. The Board of Trustees may meet specially at such other times, days and places as it shall establish by majority vote, or at such time as the chair thereof may call, or at such times as a majority of the members thereof may call a meeting. D. Conduct of Meetings. The meetings of the Board of Trustees, and notice thereof, shall be governed by the same rules and regulations by which the City Council is bound in the conduct of public meetings. E. Quorum. 5 voting members shall constitute a quorum for the transaction of business. F. Resolutions. A maj ori ty of the votes cast, but not less than a majority of the quorum, shall be required for the passage of any resolution of the committee. G. Reports and Recommendations. recommendations shall be made in All writing, reports and H. Staff Support. All officers and department heads shall cooperate with, and render reasonable assistance to, the Board of Trustees. The City Manager may make available staff and clerical support to the Board of 6 J:\Attorney\Ordinance\Nature Center Bd of Trustees ....3 -.3-0 Trustees to fulfill its functions and duties, provided such staff and clerical support is available. 1. Rules and Regulations. The such rules and regulations provisions of this chapter. Board of Trustees may make not inconsistent with the J. Gifts and Grants. The Board of Trustees may, subject to the approval of the City Council, accept gifts and grants from any source to assist it in the performance of its functions. K. By-Laws. The Board of Trustees may pass such other and further rules and regulations regarding the internal affairs of the Board of Trustees as are not inconsistent with the terms and conditions of this chapter. SECTION II: in full force on second reading and This ordinance the thirtieth adoption. shall take day from effect and be and after its Prepared by Approved as to form by Dave Rowlands, Jr. City Manager Joh M. Kaheny/ C' Y Attorney L 7 J:\Attorney\Ordinance\Nature Center Bd of Trustees ....3 - 3 I ORDINANCE NO, AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 2.19 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF A NATURE CENTER DEPARTMENT EFFECTIVE JULY 1, 2002 SECTION I: Municipal code is read as follows: That Chapter hereby added 2.19 of effective the July Chula Vista 1, 2002 to Chapter 2.19 Sections: 2.19.010 2.19.020 2.19.030 Established - Scope. Effect on Existing Employees. Director - Duties and Responsibilities. 2.19.010 Established - Scope, This chapter will establish a nature center department which shall include all of the services and facilities currently provided by the Chula Vista Nature Center. The Nature Center Department shall provide services and supervision for the Nature Center's facility and programs, for coordinating with other departments for the provision of services, and in any other manner as directed by the City Manager and/or City Council. 2,19.020 Effect on Existing Employees. No employee who was employed and classified in the previous Bayfront Conservancy Trust structure shall be penalized In any way by reason of the adoption of this chapter. 2.19.030 Director - Duties and Responsibilities. The Nature Center Department shall supervision of the Nature Center Director, the following duties and responsibilities. be who under the shall have -3 - .3 d-... A. Establish and maintain administrative rules and regulations governing the administration of the Nature Center Department; B. Recommend to the Nature Center Board of Trustees and to the City Council rules and regulations governing the conduct of persons using the Nature Center and participating in its programs; C. Plan, organize and direct Nature Center educational programs and administer the same; D. Direct the regular capital improvements and grounds; maintenance and to the Nature upkeep of, and Center facilities E. Train and supervise Nature Center personnel; F. Prepare, submit, and administer a departmental budget as required; G. Schedule the use of Nature Center facilities; H. Maintain such be required records by the and render such reports chief administrative as may officer. SECTION II: in full force on second reading and Thi s ordinance the thirtieth adoption. shall take day from effect and be and after its Prepared by Approved as to form by Dave Rowlands, Jr. City Manager J:\AttorneY\Ordinance\Nature Center 2 .3 - 33 RESOLUTIQN NQ. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING DANIEL BEINTEMA THE DIRECTQR QF THE NATURE CENTER DEPARTMENT WHEREAS, the Nature Center IS treated as a department for administration, management, and budgetary purposes; and WHEREAS, the Council has placed for second reading an ordinance creating the Nature Center Department effectiye July I, 2002; and WHEREAS, with the establishment of the Nature Center Department effectiye July I, 2002, by adoption of the proposed ordinance, it is also necessary for the Council to approve the City Manager's appointment of the Nature Center's director. WHEREAS, in October of 1998, the City Manager assigned Daniel Beintema to function as the Director of the Chula Vista Nature Center, and immediately thereafter he was integrated fully into the Executiye Management team; and WHEREAS, it is the City Manager's desire to officially appoint Mr. Beintema as the Director of the Nature Center Department; and NOW, THEREFQRE, BE IT RESQLVED that the City Council of the City of ChuIa Vista does hereby approye the appointment of Daniel Beintema the Director of the Nature Center Department. Presented by Approyed as to form by Dan Beintema Nature Center Director J:\Attorney\RESO\Nature Center F.doe ...3 -.3.- <} RESQLUTIQN NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 2002/03 SPENDING PLAN TQ ESTABLISH THE NATURE CENTER AS A GENERAL FUND DEPARTMENT, AND AMENDING THE ADQPTED BUDGET FQR FY 2001102 APPRQPRIATING $63,710 FRQM THE AVAILABLE FUND BALANCE QF THE GENERAL FUND TO REPAY A LOAN FROM THE SEWER FUND TO THE NATURE CENTER WHEREAS, the City Council has placed for second reading and adoption an ordinance creating the Nature Center Department; and WHEREAS, the new department will become effective, if adopted, on July 1,2002; and WHEREAS, the creation of the new department will necessitate amending the FY 2002/03 Spending Plan to reflect this new department as a general fund department; and WHEREAS, as the Nature Center operations have been funded each year since 1987 in the budget as a department, there will be no fiscal impact created by this action; and WHEREAS, the Council and Redevelopment Agency haye preyiously acted to eliminate and forgiye the Bayfront Conservancy Trust ("BCT") / Nature Center Department debt to the general fund and the Agency; and WHEREAS, a loan was made from the Sewer Fund to BCT for $43,852 plus interest; and WHEREAS, the total debt to the Sewer Fund is approximately $63,710; and WHEREAS, it is necessary to repay the Sewer Fund from the City's General Fund in order to relieye this debt. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: 1. Approye the resolution amending the FY 2002/03 spending plan to establish the Nature Center as a General Fund department as of July 1,2002. 2. Approye the appropriation of funds from the available fund balance of the General Fund to repay the outstanding Sewer Fund loan to the BCT / Nature Center. J:\Attorney\RESO\Nature Center G.doc ..3 - .3 S- Presented by Dan Beintema Nature Center Director Approyed as to form by 2 ...3 - 3 (.