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HomeMy WebLinkAbout2007/08/07 RDA Item 1 CHULA VISTA REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: AUGUST 7, 2007, Item ~ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY. OF CHULA VISTA AMENDING THE REDEVELOPMENT AGENCY BYLAWS, RULES AND REGULATIONS TO CHANGE ITS REGULAR MEETING DAYS AND TIMES ACTING COMMUNITY DEVELOPMENT DIRECTOR~ EXECUTIVE DIRECTOR ASSISTANT CITY MANAGER S r SUBMITTED BY: REVIEWED BY: 4/STHS VOTE: YES D NO ~ BACKGROUND Following the formation of the Chula Vista Redevelopment Corporation (CVRe) last year, the Redevelopment Agency amended its bylaws on September 14, 2006 to change the regularly scheduled days and times of Agency Board meetings to coincide with the CVRC's regularly scheduled meetings on the second and fourth Thursdays of each month at 6:00 PM. With the recent removal of the five "City-Directors" from the CVRC Board, there is no longer any benefit to holding joint meetings. Staff is recommending that the Agency amend its bylaws to return the regular meeting days and times of the Agency Board of Directors to the first Tuesday of each month at 4:00 PM, and the third Tuesday of each month at 6:00 PM, concurrent with regularly scheduled City Council meetings and become effective immediately. A redline version of the Redevelopment Agency Bylaws is attached for review (Attachment 1). ENVIRONMENTAL REVIEW Pursuant to Section 15378(b)(5) of the State CEQA Guidelines, the proposed amendment to the Agency's Bylaws, Rules and Regulations is not considered a "Project" under CEQA; and therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA review. 1-1 August 7, 2007 Item-L- Page 2 of3 RECOMMENDATION Staff recommends that the Redevelopment Agency Board of Directors: I. Adopt the resolution amending Sections 3.01 and 3.03 of Article III of the Agency's Bylaws, Rules and Regulations (last amended on September 14, 2006) and, become effective immediately, changing the regular meeting days and times of the Agency Board of Directors to the first Tuesday of each month at 4:00 PM, and the third Tuesday of each month at 6:00 PM, concurrent with regularly scheduled meetings of the City Council on those days. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION For many years, the Agency held joint or back-to-back meetings with City Council meetings on the first and third Tuesdays of each month, at 4:00 PM and 6:00 PM, respectively. Once the five Directors of the Agency also became the five City-Directors of the CVRC, holding joint or back- to-back meetings increased organizational efficiency and streamlined decision-making for actions requiring approvals of both the CVRC and Agency. On May 24, 2007, the CVRC, Agency, and City Council took actions to amend the legal and operating documents of the CVRC, removing the five City-Directors from the CVRC Board and replacing them with up to five Chula Vista residents possessing educational backgrounds and professional expertise in one or more specified fields. With the removal of the five City- Directors, there is no longer any benefit to holding concurrent meetings of the CVRC and Agency, particularly since the compositions of the respective Boards of Directors are completely distinct and separate. Staff is therefore recommending that the Agency amend its bylaws to return the Agency's regularly scheduled meetings back to the first Tuesday of each month at 4:00 PM, and the third Tuesday of each month at 6:00 PM, either jointly or separately. Staff is therefore recommending that the Agency amend Sections 3.01 and 3.03 of Article III of the Agency's bylaws to return the regular meeting days and times of the Agency Board of Directors to the first Tuesday of each month at 4:00 PM, and the third Tuesday of each month at 6:00 PM, concurrent with regularly scheduled City Council meetings, effective immediately. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500-foot rule found in California Code of Regulations section I 8704.2(a)(l) is not applicable to this decision. FISCAL IMPACT The proposed bylaw amendment will allow the City Council and Redevelopment Agency to hold concurrent meetings on the same evenings, rather than hold separate meetings on separate evenings. This will provide increased efficiencies and cost savings for staffing and resources. 1-2 August 7, 2007 ItemL Page 3 00 ATTACHMENTS 1. Redline of Redevelopment Agency Bylaws, Rules and Regulations with Proposed Amendments Prepared by: Ken Lee, Principal Community Development Specialist, Community Development Department 1-3 Attachment 1 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA BYLAWS, RULES AND REGULATIONS (Revised August 7, 2007J___ __ __ __ __ _ _ u__ _ __ _ _ -1 D.I.....: So.tembo"'. 2008 RELATED ORDINANCES AND RESOLUTIONS City Council Ordinance No. 1425, dated October 24, 1972 Redevelopment Agency Resolution 1, dated January 22, 1974 Redevelopment Agency Resolution 716, dated August 19, 1986 Rede'velopment Agency Resolution 722, dated September 4, 1986 Redevelopment Agency Resolution 1211, dated November 7, 1991 Redevelopment Agency Resolution 1296, dated January 5, 1993 Redevelopment Agency Resolution 2006-1957, dated September 14, 2006 Redevelopment Aaencv Resolution 2007.XXXX, dated AUQust 7, 2007 1-4 BYLAWS, RULES AND REGULATIONS FOR THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ARTICLE I - THE AGENCY 1.01 Name of Agency The name of the Agency shall be the "Redevelopment Agency of the City of Chula Vista, California" in accordance with the City Council Ordinance No. 1425, dated October 24,1972. 1.02 Offices of the Agency The offices of the Agency shall be within the Civic Center of the City and at such other additional locations as may from time-to-time be determined by the Agency 1.03 Agency Seal The Seal of the Agency, which shall be used on all instruments requiring Agency seal, shall be kept in the custody of the Agency Secretary and shall be in the following form: ARTICLE II - OFFICERS 2.01 Officers The Agency shall have the following officers: a. Chairman b. Chairman Pro Tempore c. Members d. Executive Director e. Secretary f. Treasurer 2.02 , Redevelopment Agency Bylaws, Rules and Regulations Page 1 ," Revised: 08/07/2007__ _ _u u_ _ _ uu _ __ _ _u u u ___ U U _ un_ _ __ un_ u u _ _ n~' 1-5 , 1 001_, 09/14/08 2.03 2.04 2.05 2.06 Chairman The Chairman shall be the Mayor of the City who shall preside at all meetings of the Agency and execute all instruments of the Agency. The term of office for the Chairman shall correspond with the period of time that the Mayor is in the service of the citizens of the City. of Chula Vista. Chairman Pro Tempore The Council person designated by the Council as Mayor Pro Tempore shall be the Chairman Pro Tempore and shall perform the duties of the Chairman during his absence or disability. Members The Agency Members (governing board) shall be the members of the City Council. Executive Director The Executive Director shall be appointed by a majority of the Members of the Agency. The Executive Director shall be responsible for the day- to-day administration of the Agency and shall provide the Agency Members with such reports and information as they may request or as the Executive Director may deem necessary for the Agency Members to effectively govern the business affairs and policies of the Agency. The Executive Director shall serve at the will of the majority of the Members of the Agency. Executive Director may be removed by a majority vote of the Members of the Agency. The Executive Director of the Agency shall be an employee of the Agency whose salary and benefits shall be set by resolution approved by a majority of the members of the Agency. Secretary The City Clerk of the City of Chula Vista, or such other person as designated by the Agency, shall serve as the Secretary of the Agency. The Secretary shall tie responsible for the records of the Agency and shall act as Secretary of the meetings of the Agency and report all votes and shall keep a record of the proceedings of the Agency and the journal of proceedings to be kept for such purpose and shall perform all duties incident to this office. Redevelopment Agency Bylaws, Rules and Regulations Page 3 " Revised: 08/07/2007. __ _ _ n_ __ _ _ h n _ __ __ __ _ _ _ _ _ _ _ ho. h n__ _ _ ____ _ __ __ __ _ _,' 1-6 ,j Deleted: 09114/06 2.07 Treasurer The Director of Finance of the City of Chula Vista shall be the Agency Treasurer and shall have the same duties and powers as prescribed in Section 505 of the City Charter. 2.08 Terms of Office The terms of office of the Chairman and Members shall correspond with their terms of office as Mayor and Council members, respectively. The terms of office of the Secretary and Treasurer shall correspond with the period of time said officers are serving as City Clerk or other designated person, and Director of Finance, respectively. 2.09 Additional The officers of the Agency shall perform such other duties and functions as may from time-to-time be designated by the Agency Members. 2.10 Compensation The Chairman and Members shall receive as compensation the sum of $30.00 for each regular, special, or adjourned meeting attended, except that the Chairman and Members shall not be qompensated for attending more than four meetings of the Agency during any calendar month. 2.11 Expenses The officers shall be reimbursed for such necessary expenses as they incur in the business of the Agency. ARTICLE III - AGENCY MEETINGS 3.01 Regular Meetings The Agency Members shall hold regular meetings twice each month on the first Tuesday at 4:00 P.M. and third Tuesday at 6:00 P.M.,J'TlElEl!illg__-- jointly or separately with the City Council of the .City of Chula Vist'l..ill___ the Council Chambers, and at such other time as the Agency may by \- minute order from time-to-time determine, and may adjourn or " readjourn any regular meeting to date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. Redevelopment Agency Bylaws, Rules and Regulations Page 3 ~ Revised: 08/07/2007._ ___ _ _ _ _ _ __ __ _ _ __ _ ___ _ ___ _ _ _ __ _ ____ _ _ _ _ _ _ _ ___ _ _ _ _______~; 1-7 Deleted: second end fourth Thursdays, at 8:00 P.M., Deleted: Chula Vista Redevelopment Corporation, or separately, . Formatted: Font: Univers ,1 Deleted: 09/14/06 If the hour to which a meeting is adjourned is not stated in the order of 3.02 adjournment, such meeting shall be held at the hour for holding regular meetings. Special Meetings Special meetings may be called at any time by the Chairman, or by three members of the Agency, by written notice delivered personally to each member at least three hours before the time specified for the proposed meeting. A special meeting may also be validly held if all members shall give their consent, in writing, to the hold of such meeting and such consent is on file in the office of the Secretary at the time of hold such meeting. A telegraphic communication from a Member consenting to the holding a meeting shall be considered a 3.03 consent in writing. At any special meeting only such matters may be acted upon as are referred to in such written noticE! or consent. Place of Meetings Tuesday. r.!'.9.u!'!.r. ,!,.e.e.t[n.!l.s. ~~'!.I! .b.e. ~~I.d.[n. !~" .c.o.u-,!~il. ~.h_a.n:!~Il~s.l.o.c.a~~~ _' _ - -{ Deleted: T""sday at 276 Fourth Avenue, Chula Vista, California, unless a different location has been designated in the notice of adjournment from the preceding Agency agenda or in a notice posted at the main entrance to such rooms at least 15~ minutes prior to the commencement of the meeting. All meetings shall be open to the public, except in instances of closed sessions where permitted by law.. If, by reason of fire, flood, or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such places as is designated by the Chairman, or, if he should fall to act, by three members of the Agency. ARTICLE IV - PERSONNEL 4.01 City Employees The City shall provide the Agency with the services of such City officers and employees as are necessary pursuant to the Cooperative Agreement entered into by and between the City and the Agency on February 6, 1974, as said agreement now exists or may from time-to. time be amended. Redevelopment Agency Bylaws. Rules and Regulations Page 4 / Revised: 08/07/2007._ ___ ___ __ _ __ _ _ _ _ _ __ _ _ _ _ _ _ _ ___ _____ _ __ _ _ __ _ _ __ _ __ __ _ __ _ _ / 1-8 ,1 Deleted: 09/14/06 4.02 Agency Employees The Agency may, from time-to-time, employ and/or retain by formal agreement, such personnel as it deems necessary to exercise its powers, duties, and functions as prescribed by the Community Redevelopment Law, as amended, of the State of California and all other laws of the Slate applicable thereto, subject only to the budget limitations of the Redevelopment Agency Administrative fund. 4.03 Recruitment and Certification The Executive Director of the Agency shall, at the direction of the Agency Members, recruit and recommend such persons as he deems competent to fill positions and provide services as required for carrying out the purposes of the Community Redevelopment Law. 4.04 Employment - Terms Any person(s) recommended for employment by the Executive Director shall not be deemed employed or retained except upon a majority vote of the Members of the whole Agency; they shall serve at the pleasure of the Agency and may be removed by a majority vote of the Agency at any time. Any such removal shall be considered as final and conclusive. 4.05 Dismissal Reasons for dismissal shall include, but not be limited to: conviction of a felony, or a crime involving moral turpitude; conflicts of interest, misuse of funds, inefficiency, neglect of duties, and/or any violation of the provisions of the "Manual of the Code of Ethics of the City of Chula Vista, California." 4.06 Agency Employees Not Part of Civil Service Employees of the Agency shall not be eligible for participation in the City Civil Service structure. Periods of employment by the Agency shall not be applicable toward completion of probationary period requirements in the event of future employment by the City of Chula Vista. 4.07 Statement of Equal Employment Opportunity No person seeking employment with the Agency shall be denied such opportunity upon the basis of his or her race, color, creed, national origin, ancestry, or sex. Redevelopment Agency Bylaws, Rules and Regulations . Page 5 / Revised: 08/07/2007__ _ _ __ _ ___ _ __ _ _ _ _ _ _ _ _ _ _ ______ _ _ __ _ __ _ _ _ _ _ _____ __ __ __ __ _ _," 1-9 _.-"._---'----"---_.._-_...._._.._--_.__._.._~-_._------.-----.-..-...--.. ..-.------- ,,~ Deleted: 09/14/06 ARTICLE V - FISCAL YEAR 5.01 Fiscal Year The fiscal year of the Agency shall be from July 1 to the following June 30. ARTICLE VI - AMENDMENTS 6.01 Amendments to Rules and Regulations These rules and regulations may be amended by a majority vote of the whole Agency, and shall be effective immediately upon the passage and adoption thereof. Redevelopment Agency Bylaws. Rules and Regulations Page 6 Revised: 0810712007.___ _ __ _ _ u _ _ u_ _ u _ _ ___ _ ___ _ _"_ _ __ _ _ u _ _ ___ _ ___ _ ___.. __.. 1-10 . .1 Del.....' 09/14106 . . . RDA RESOLUTION NO. 2007- RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING THE REDEVELOPMENT AGENCY BYLAWS, RULES AND REGULATIONS TO CHANGE ITS REGULAR MEETING DAYS AND TIMES WHEREAS, the Redevelopment Agency ("Agency") was formed on October 24, 1972, and its Bylaws stated regular meetings would be held twice each month on the first and third Thursday at 6:00 p.m.; and WHEREAS, in November 1991, by Resolution No. 1211 amending the Agency Bylaws, Rules and Regulations the monthly fust Thursday meeting was changed to 4:00 p.m., the first Tuesday, immediately following the City Council meeting; and WHEREAS, in 1993, by Resolution No. 1296 amending the Agency Bylaws, Rules and Regulations, the monthly third Thursday meeting was changed to 6:00 p.m., the third Tuesday, immediately following the City Council meeting; and WHEREAS, in 2006, by Resolution No. 2006-1957 amending the Agency Bylaws, Rules and Regulations, the regular meeting days and times were changed to the second and fourth Thursdays of each month at 6:00 p.m., concurrent with regular meetings of the newly formed Chula Vista Redevelopment Corporation ("CVRC"); and WHEREAS, on May 24, 2006, the CVRC, Agency, and City Council took actions to amend the legal and operating documents of the CVRC, removing the five City-Directors from the CVRC Board of Directors and replacing them with up to five Chula Vista residents possessing educational backgrounds and professional expertise in one or more specified fields; and WHEREAS, upon the removal of the five City-Directors from the CVRC Board of Director, there is no longer any benefit from holding concurrent meetings of the Agency and CVRC; and WHEREAS, changing the Agency's regular meeting days and times back to the fust Tuesday of each month at 4:00 p.m. and the third Tuesday of each month at 6:00 p.m., concurrent with regular meetings of the City Council on those days would increase efficiency and provide cost savings in staffing and other resources; and WHEREAS, Pursuant to Section 15378(b)(5) of the State CEQA Guidelines, the proposed amendment to the Agency's Bylaws, Rules and Regulations is not considered a "Project" under CEQA; and therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA review. 1-11 RDA Resolution No. 2007- Page 2 NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Chula Vista does hereby amend its Bylaws, Rules and Regulations as follows: 1. Amend Sections 3.01 and 3.03 of Article III to change the Agency's regular meeting days and times to the fIrst Tuesday of each month at 4:00 p.m. and the third Tuesday of each month at 6:00 p.m., meeting jointly with or immediately after the City Council of the City of Chula Vista. PRESENTED BY APPROVED AS TO FORM BY AnnHix Acting Director of Community Development " '" / 1-12