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HomeMy WebLinkAboutRDA Reso 2007-1976 RDA RESOLUTION NO. 2007-1976 (CVRC RESOLUTION NO. 2007-019) JOINT RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION AND CHULA VISTA REDEVELOPMENT AGENCY RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 2.55, SECTION 2.55.090 OF THE CHULA VISTA MUNICIPAL CODE TO REMOVE THE CITY COUNCIL MEMBERS FROM THE CVRC BOARD OF DIRECTORS WHEREAS, on May 24, 2005, the City Council and Redevelopment Agency of the City of Chula Vista jointly adopted Resolution Nos. 2005-175 and 2005-1911, respectively, approving and adopting legal and operating documents for the formation of the Chula Vista Redevelopment Corporation ("CVRC") as a 501(c)(3) nonprofit, public benefit corporation; and WHEREAS, the legal and operating documents adopted for the CVRC included chapter 2.55 of the Chula Vista Municipal Code that set forth, among other things, the structure, composition, and operations of the CVRC; and WHEREAS, on December 19, 2006, the City Council formed a subcommittee, consisting of the Mayor and Deputy Mayor, to review and evaluate the structure of the CVRC; and WHEREAS, on March 22, 2007 the Council Subcommittee presented a full report for consideration by the CVRC, Redevelopment Agency, and City Council containing recommendations for structural modifications to the CVRC; and WHEREAS, on March 22, 2007 the CVRC recommended by resolution and the Redevelopment Agency, and City Council approved by resolution the Council Subcommittee's recommendations which included removing the Council Members from the CVRC Board of Directors and that the remaining Board of Directors be supplemented by one to five Chula Vista resident( s) selected by the City Council and possessing expertise and experience in one or more of the following professional fields: education, business, finance, architecture, civil engineering, urban planning and/or design, science, environmental planning, environmental remediation, environmental law, and real estate, including real estate development, investment, and law; and WHEREAS, staff has reviewed the proposed activity for compliance with the State of California Environmental Quality Act ("CEQA"), California Public Resources Code Section 21 000 et seq., and has determined that the activity is not a "Project" as defined under Section 15378(b)(5) of the State CEQA Guidelines, therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. RDA Resolution No. 2007-] 976 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Chula Vista Redevelopment Corporation and Chula Vista Redevelopment Agency do hereby recommend that the City Council amend Chapter 2.55, Section 2.55.090 of the Chula Vista Municipal Code as indicated on attached Fxhihit 1. Presented by 1[ Approved as to form by ~~'\i\~~~, Ann Moore City Attorney/Agency Counsel Ji Thomson erim City Manager/Executive Director PASSED, APPROVED, and ADOPTED by the Redevelopment Agency of the City of Chula Vista, California, this 24th day of May 2007, by the following vote: AYES: Agency Members: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Agency Members: None ABSENT: Agency Members: None Cheryl~~~d?ai~on ATTEST: ~()k Ann Hix, Secretary STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Dana M. Smith, Secretary of the Chula Vista Redevelopment Agency, do hereby certifY that the foregoing RDA Resolution No. ] 976 was duly passed, approved, and adopted by the Redevelopment Agency at a regular meeting held on the 24th day of May 2007. Executed this 24th day of May 2007. '()L; Ann Hix, Secretary RDA Resolution No. 2007-1976 Page 3 EXHIBIT 1 Chapter 2.55 Chula Vista Redevelopment Corporation 2.55.010 Creation Authorized. The creation and formation of the Chula Vista Redevelopment Corporation is hereby authorized. 2.55.020 Purpose and Intent. It is the purpose and intent of the city council in establishing the Chula Vista Redevelopment Corporation to create a separate entity to serve as a resource to, and to advise and make recommendations to, the city council and redevelopment agency regarding planning and redevelopment of designated territories and areas of the city. The corporation shall assume certain powers and responsibilities with respect to planning and redevelopment that were previously delegated or assigned to the Chula Vista Redevelopment Agency and the planning and resource conservation commissions, and the design review committee, of the city. 2.55.030 Territory Subject to Corporation Activities. The corporation shall exercise its powers and functions over such territories or geographic areas of the city as the city council may from time to time designate by resolution or ordinance. 2.55.040 Functions and Duties. The specific functions and duties of the corporation shall be as set forth in Sections 2.55.050 through 2.55.080, and in the corporation's bylaws approved by the city council, as such bylaws may from time to time be amended in accordance with its procedures. 2.55.050 Previous Planning Commission Functions. A. Legislative Activities. In addition to the exercise by the planning commission of advisory powers and functions with respect to legislative actions within its subject matter jurisdiction, the corporation shall review and make recommendations to the city council on all legislative planning items to the extent that the items relate to those geographic areas of the city that the city council designates as areas within which the corporation has the authority to exercise planning and redevelopment functions and within the Urban Core Specific Plan Area. These advisory powers and functions of the corporation shall be in addition to, and not in lieu of, the advisory powers and functions of the planning commission with respect to legislative planning matters. B. Administrative Activities. The corporation shall assume the functions of the planning commission with respect to administrative and quasi-judicial items that relate to lands or uses within the geographic areas of the City that the city council designates as areas within which the corporation has the authority to exercise planning and redevelopment functions. Any action by the corporation under this paragraph shall be subject to appeal to the city council pursuant to Chapter 19.12 or Chapter 19.14, as applicable, of the Municipal Code. RDA Resolution No. 2007-1976 Page 4 2.55.060 Previous Redevelopment Agency Functions. Notwithstanding any provisions of Chapter 2.24, the corporation shall have responsibility as follows: A. Recommendations. With respect to consideration of owner participation agreements, disposition and development agreements, and other approvals and agreements requiring expenditure of funds (other than solely the funds of the corporation), regulations, and other legislative functions or activities (such as eminent domain, issuance of bonds, and other financial transactions not involving solely the funds of the corporation) relating to lands or uses within those geographic areas of the City that the city council designates as areas within which the corporation has the authority to exercise planning and redevelopment functions, the corporation shall transmit a recommendation on such matters to the redevelopment agency, or to the city council, as applicable. B. Approvals. Notwithstanding the provIsIOns of 2.55.060(A), with respect to consideration of exclusive negotiating agreements, replacement housing plans, and other approvals and agreements requiring expenditure of only the funds of the corporation, the corporation shall act on such items in accordance with the applicable provisions of the bylaws. In addition, the corporation shall assume the functions of the redevelopment agency with respect to administrative and quasi-judicial items relating to lands or uses within the geographic areas of the City that the city council designates as areas within which the corporation has the authority to exercise planning and redevelopment functions. Any action by the corporation pertaining to administrative and quasi-judicial items under this paragraph shall be subject to appeal to the city council pursuant to Chapter 19.12 or Chapter 19.14, as applicable, of the Municipal Code. 2.55.070 Previous Resource Conservation Commission Functions. Notwithstanding any provision of Chapter 2.32, the Chula Vista Redevelopment Corporation shall carry out the duties of the resource conservation commission within those geographic areas of the City that the city council designates as areas within which the Chula Vista Redevelopment Corporation has the authority to exercise planning and redevelopment functions. 2.55.080 Previous Design Review Committee Functions. Notwithstanding any provision of Chapter 19.14, the Chula Vista Redevelopment Corporation shall carry out the duties of the design review committee within those geographic areas of the City that the city council designates as areas within which the Chula Vista Redevelopment Corporation has the authority to exercise planning and redevelopment functions. 2.55.090 Board of Directors' Membership. A. Number of directors. The board of directors of the corporation shall consist of up to nine (9) voting members, none of whom shall be duly elected or appointed and qualified members of the City Council then in office. RDA Resolution No. 2007-1976 Page 5 B. Directors. I. The directors shall consist of members of the public appointed to the corporation board of directors by majority vote of the city council for four (4) year staggered terms, based upon the criteria and qualifications set forth in the corporation bylaws approved by the city council, as such bylaws may be amended from time to time. 2. The initial terms of directors shall be for nominal periods of two and four years, commencing upon appointment and concluding for two directors on June 30th of the second year of the term, and for the remaining two directors on June 30th of the fourth year of the term, unless an director's office becomes vacant prior to the end of such initial term. Thereafter, all directors shall serve for a term of four years, concluding on June 30th of the fourth year of the term, subject to removal or resignation pursuant to the corporation's bylaws. 3. Appointment of the directors to their initial nominal two-year and four- year terms shall be as determined by the bylaws. 4. By majority vote, the city council shall have the power to remove any director for any reason, to reappoint any director to a succeeding four-year term without any limit on the number of terms served by such independent directors except as set forth in the corporation bylaws approved by the city council, and to appoint any person meeting the criteria and qualifications set forth in the corporation bylaws to a vacant director office. Subject to the city council's power to remove a director, all directors of the corporation shall hold office until a successor has been appointed and qualified. C. Election and Duties of Chair and Vice Chair I. Election of chair and vice-chair. At the first regular meeting of the board of directors, following July I st of every year, or as soon as practical thereafter, the board shall elect a chair and vice-chair from its membership. The chair and vice-chair shall serve for a period of one year. 2. Duties of the chair and vice-chair. The chair shall serve as presiding officer at meetings. In the absence of the chair, the vice-chair shall serve as presiding officer. 2.55.100 Operation ofthe Corporation A. Time of meetings. The regular meetings of the corporation board of directors shall be held on the second and fourth Thursdays of each month, at 6:00 P.M., and at such other dates and times as the board of directors may designate as adjourned or special meetings of the board of directors of the corporation. RDA Resolution No. 2007-1976 Page 6 B. Place of meetings. Unless the corporation shall otherwise establish a meeting place in accordance with its bylaws, the meetings of the corporation board of directors shall be held at 276 Fourth Avenue, in the City ofChula Vista. C. Notice of meetings. The meetings of the corporation board of directors, 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. D. Conduct of meetings. The conduct of meetings, including requirements for quorum, the vote required for passage of any motion, the means by which proposed actions are considered, and other matters, shall be undertaken in accordance with the bylaws approved by the city council, as such bylaws may be amended from time to time by the corporation board of directors. E. Board Operating Budget. The corporation shall annually prepare a proposed corporation board of directors operating budget, including but not limited to board director stipends, training, travel, membership, and miscellaneous expenses, and costs of audit. Upon approval by the corporation board of directors, the proposed budget shall be forwarded to the city council for consideration as part of the City's annual budget. F. Gifts and grants. Subject to approval by the city council, the corporation may accept gifts and grants from any source to assist it in the performance of its functions. In the event that private funds or funds from other governmental agencies are made available for special projects, surveys, educational programs, or general program support, the corporation is authorized to enter into appropriate contracts for the utilization of such funds in furtherance for the purpose and intent of, and the duties of functions of, the corporation, subject to ratification of such contracts by the city council. 2.55.200 Director Compensation and Reimbursement. The city council may, by resolution, authorize and establish compensation to the board of directors of the corporation, and authorize the corporation to reimburse directors, officers and employees for actual, necessary and reasonable expenses, including mileage, incurred in the performance of their duties authorized, directed or approved by the corporation board of directors.