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HomeMy WebLinkAboutORD NO 3045ORDINANCE NO. 3045 NEW SERIES AN ORDINANCE AMENDING SECTIONS 2.24.020 AND 2.24.021 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE APPOINTMENT OF A REDEVELOP- MENT AGENCY WHEREAS, by Ordinance No. 2792, adopted on December 15, 1982, the Council of the City of Bakersfield (the "Council") declared itself to be the Redevelopment Agency of the City of Bakersfield, pursuant to Section 33200 of the Community Redevelopment Law (California Health and Safety Code Section 33000, et sec.); and WHEREAS, pursuant to Section 33203 of the Community Redevelopment Law, a legislative body which has declared itself to be the agency pursuant to Section 33200 may at any time by resolution determine that it shall no longer function as an agency, and the Mayor with the approval of the legislative body shall appoint seven resident electors of the community as mem- bers of the agency; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 2.24.020 of the Bakersfield Municipal Code is hereby amended to read as follows: 2.24.020 Membership. The Council of the City of Bakersfield does hereby determine that it shall no longer function as the Redevelopment Agency of the City of Bakersfield and declares that all of the rights, powers, duties, privileges and immunities vested by the Community Redevelopment Law in the Redevelopment Agency of the City of Bakersfield shall be and are vested in an agency composed of seven resident electors of the community to be appointed by resolution by the Mayor, with the approval of the Council. The membership of the agency shall consist of two members serving a four-year term; two members serving a three-year term; two members serving a two-year term; and one member serving a one-year term. The first chairman of the agency shall be desig- nated by the Mayor with the approval of the legislative body and shall serve as chairman for one year. Thereafter, and whenever a vacancy occurs, the Chairman shall be elected by members of the agency. Any member may be removed from the Agency upon the Mayor's recommendation and approval by the City Council, as a result of any of the following: Continued absences from meeting - Four consecutive absences or a total of eight absences per year. The City Council may waive such removal for just cause. Repeated disqualification as a result of economic inter- est in matters considered by the Agency. 3. Unruly behavior, which continually disrupts meetings. SECTION 2. Section 2.24.021 of the Bakersfield Municipal Code is hereby amended to read as follows: 2.24.021 Effective Date. The City Council of the City of Bakersfield shall cease to be the Redevelopment Agency of the City of Bakersfield; and the offices of the members of the Redevelopment Agency of the City of Bakersfield appointed by the Council pursuant to Section 1 hereof shall become effective on the date and at the time the Council resolution referred to in Section 1 hereof becomes effective. SECTION 3. 2.24.022 Continuity. This Ordinance, No. 3045 New Series, does not in any manner change the status of the Redevelopment Agency of the City of Bakersfield as a public body corporate and politic as provided in Section 33100 of the California Health and Safety Code (Community Redevelopment Law), which Agency has continued and continues to exist as a legal entity without change since the date it was determined that there was a need for the Agency to function by Ordinance No. 1709, New Series, dated December 18, ~967. -2- SECTION 4. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 4th day of June , 19 86, by the following vote. CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield the APPROVED this 4th day of June , 19 86 MAYOR of the City df Bakersfield APPROVED as to form: bz 5:O.RA1 -3- RECOMMENDED ORGANIZATION STRUCTURE OF THE REORGANIZATION OF THE REDEVELOPMENT AGENCY Amendments to the Bylaws of the Redevelopment Agency of the City of Bakersfield Article I - THE AGENCY Section 1. Name of Agency The official name of the Agency shall be the "Central District Development Agency (CDDA) of the City of Bakersfield". Section 2. Seal of Agency The seal of the Agency shall De in the form of a circle and shall bear the name of the Agency and the year of its organization. Section 3. Office of Agency and Place of Meeting The office of the Agency shall be at the City Hall, 1501 Truxtun Avenue, Bakersfield, California, but the Agency may hold its meetings at any place in the City of Bakersfield, California, which the Agency may from time-to-time designate by resolution. Section 4. Powers The powers of the Agency shall be vested in the Members hereof when in office, who reserve unto themselves the right to delegate by resolutions such powers as appropriate and per- missible by law. The Agency shall have the authority to approve all development agreements. City Council review shall occur only if con- demnation may be required for property acquisition. -1- Section 5. Agency Members A. The Agency members shall consist of seven (7) persons of a distinguished and responsible nature who, through their effort and effective community leadership, have expressed interest in securin? for the Central City the most efficient useful and practical means of implementation of the project. B. The persons appointed to act as CDDA members shall be persons whose professional background or experience represent one of the fields defined below: 1. Finance - This position would require someone who is well versed in the field of finance and specializes in the raising, managing, investing and expending of funds. 2. General Business - This appointment would require a person who organizes, manages and assumes the risks of a business or enterprise. 3. Real Estate Development - The person holding this appointment should have experience in fields other than real estate sales. These fields should include project development, management, financing, and escrow. 4. Law - This person should possess a background in a field of law related to redevelopment. designs Architecture - This appointment would require a person who buildings and superintends their construction. -2- 6. Arts or Human Services - The person holding this appointment should be acquainted by experience, study, observation or practice of one of the fine arts; or an individual actively involved in providing services to homeless or disabled persons. 7. Public Relations, Communications or Media - This person should be of a professional background and have experience as a public relations expert or communications specialist. ARTICLE II - OFFICERS Section 1. Officers The officers of the Agency shall be Chairman and Vice-Chairman. Other officials acting as its staff shall be an Executive Director, a Deputy Executive Director, a Finance Officer, a General Counsel, and a Secretary. Section 2. Chairman The Chairman of the Agency shall be elected as provided by statute. He or she shall preside at all meet- ings of the Agency. Section 3. Vice-Chairman The Vice-Chairman shall be elected as provided by statute. He or she shall perform the duties of the Chairman in the absence or incapacity of the Chairman. In case of the resignation or death of the Chairman, the Vice-Chairman shall perform such duties as are imposed on the Chairman until such time as the Agency shall elect a new Chairman. In the absence of the Chairman and Vice-Chairman, the Agency Members shall elect a Member present as tem- porary Chairman for the purpose of conducting meetings and performing the duties of the Chairman. -3- Section 4. Executive Director The Executive Director of 'the Agency shall be the City Manager. The Executive Director or his/her delegate, shall have general supervision over administration of the Agency business and its affairs, subject to the policy direction of the Agency. Upon direction by the Agency, the Executive Director shall sign all. Section 5. Deputy Executive Director The Deputy Executiw~ Director of the Agency shall be appointed by the Executive Director. The Deputy Executive Director shall assist in the general supervision and administration of Agency business and its affairs, subject to the direction of the Executive DireCtor and the Agency. Section 6. Finance Officer The Finance Officer of the Agency shall be the Finance Director of the City of Bakersfield. Section 7. General Counsel The General Counsel of the Agency shall be the City Attorney of the City of Bakersfield. Section 8. Secretary The Secretary of the Agency shall be appointed by the Executive Director. Section 9. Compensation The Members of the Agency shall receive such compensation as the City Council prescribes, but said compensa-- tion shall not exceed $30 per Member for each meeting of the Agency attended by the Member. No Member shall receive compensation for attending more than month. In addition, expenses, including their duties. four meetings of the Agency during any calendar Members shall receive their actual and necessary traveling expenses incurred in the discharge of -4- Section 10. perform such other duties required by the Agency or Agency. Section 11. Additional Duties The officers of the Agency shall and functions as may from time to time be the Bylaws or rules and regulations of the Election or Appointment of Officers The first Chairman shall be appointed by the Mayor of the City of Bakersfield with the approval of the Council of the City of Bakersfield, for one year. The Vice-Chairman shall be appointed for one year by Members of the Agency at its first meeting. Thereafter, the Chairman and Vice-Chairman shall be elected at the annual meetings of the Agency from among the Members of the Agency and shall hold office for one year or until their successors are elected and qualified. Section 12. Absences and Vacancies In the temporary absence of the Chairman and Vice-Chairman, the Agency Members shall elect a Member present as temporary Chairman for the purpose of conducting meetings and performing the duties of Chairman. Should the offices of Chairman or Vice-Chairman become vacant, the Agency shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. Should any office other than Chairman or Vice-Chairman become vacant, the Agency shall appoint a successor within determine that such office shall finite period of time. a reasonable time remain vacant for or by resolution a definite or inde- -5- ARTICLE III Section 1. Annual Meeting The be held on the (lst, 2nd) (month) at p.m. in the Council MEETINGS Annual meeting of the Agency shall (Day of the Week) of Chambers at City Hall, Bakers- field, California. In the event such date shall fall on the legal holiday, the annual meeting shall be held on the next succeeding busi- ness day. Section 2. Regular Meeting Regular meetings shall be held without official notice on the 1st and 3rd Tuesdays of each month at 2:00 p.m., in the south wing basement Conference Room, at City Hall, Bakersfield, California. In the event a day of regular meeting shall be a legal holiday, said meeting shall be held on the next succeedin~ business day. Section 3. Special Meeting The Chairman of the Agency may singly, when he deems it expedient, and upon the written request of three Members of the Agency, call a special meeting of the Agency for the purpose of transacting the business designated in the call. The means and methods for calling such special meeting shall be as set forth in the Brown Act, Government Code 54950 et seq. At such special meeting, no business shall be considered other than as designated in call. Section 4. Quorum Four Members of the Agency shall consti- tute a quorum for the purpose of conducting its business and exercis- ing its powers for all other purposes, but a smaller number may adjourn from time to time until the quorum is obtained. Every offi- cial act of the Agency shall be adopted by a majority vote. A "majority vote" shall mean a majority of all Members present when a quorum is present. Section 5. Order of Business At the regular Agency the following shall be the order of business: 1 Roll Call 2 Approval of the minutes of the previous meeting Bills and Correspondence 4 Reports of Staff 5 Reports of Committees 6 Unfinished Business (7 New Business Adjournment meetings of the All resolutions shall be in writing and designated by number, refer- ence to which shall be inscribed in the minutes and an approved copy filed in ~he official book of resolutions of the Agency. Section 6. Manner of Voting The voting on formal resolutions, matters to any federal, state, county, or city agency, and on such other matters as may be requested by a majority of the Agency Members, shall be by roll call, and the ayes and noes and members present not voting shall be entered upon the minutes of such meeting, except on the election of officers which may be by ballot. Section 7. Parliamentary Procedure Unless a different procedure is established by resolution of the Agency, or set forth in these Bylaws, the rules of parliamentary procedure set forth in the Manual of Legislative Procedure by Paul Mason, shall govern all meetings of the Agency. -7- ARTICLE IV - AMENDMENTS Section 1. Amendments to Bylaws The Bylaws of the Agency may be amended by the Agency at any regular or special meeting by majority vote, provided that no such amendment shall be adopted unless at least seven days written notice thereof has been previously given to all Members of the Agency. Such notice shall identify the section or sec- tions of the Bylaws proposed to be amended. by by ARTICLE V - CONFLICTS Section 1. Conflicts Conflicts shall be determined and governed a Conflict of Interest Code to be adopted by the Agency and approved the City Council. ARTICLE VI - APPOINTMENTS & TERMS Section 1. Appointments 1. To be considered for selection, an individual residing in the City of Bakersfield may be considered for nomination to the CDDA by submitting or causing to be submitted their resume to the Mayor of the City of Bakersfield. 2. The Mayor shall request the Executive Director or his desig- nee to determine the eligibility and Conflict of Interest status of each individual (pursuant to California State Redevelopment Law) and shall classify the nominee's area of interest. 3. The Mayor shall present candidates for appointments to the full City Council for their ratification. -8- Section 2. Terms The initial term of membership for service on the CDDA is recommended as follows: Two members serving a four year term Two members serving a three year term Two members serving a two year term One member serving a one year term Following this initial appointment all members will be appointed for a straight four year term. Members can be reappointed, but may serve only two consecutive terms. Any member may be removed from the Agency upon the Mayor's recom- mendation and approval by the City Council, as a result of any of the following: Continued absences from meeting - Four consecutive absences or a total of eight absences per year. The City Council may waive such removal for just cause. Repeated disqualification as a result of economic interest in matters considered by the Agency. Unruly behavior, which continually disrupts meetings ARTICLE VII ABOLISHMENT OF THE DESIGN REVIEW BOARD Section 1. Abolishment of the Design Review Board The CDDA Mem- bers shall take over all responsibilities of the Design Review Board. -9- ARTICLE VIII - COMMITTEES Section 1. Relocation Committee The Relocation Committee shall consist of each member of the CDDA. The Relocation Committee shall assist all persons, individuals, and business concerns displaced by the Project in finding other locations and facilities. This assis- tance shall be pursuant to California Redevelopment Law pertaining to the relocation of persons, individuals and businesses. Section 2. Development Committee The Development Committee shall review each proposal which involves new construction, development agreements with the CDDA, financial involvement by the CDDA, or col]- demnation efforts, and make its recommendations to the Agency for action. Section 3. Design Review Committee A. Membership of the Design Review Committee shall consist of CDDA Members representing the fields of Finance, General Business, and Architecture. B. Duties and responsibilities of the Design Review Committee shall include the review, approval, conditional approval, modifica- tion, or disapproval of all proposed developments, including public projects, requiring qualified aesthetic and architectural judgment to the end that the general appearance of all proposed developments shall preserve or enhance the physical environment and character of the Downtown in harmony with the adopted Downtown Redevelopment Element. -10- STATE OF CALIFORNIA t ss. County of Kern CAROL WILLIAMS, Being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on June 9 , 19 86 , she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on June 4 , 19 86 , which ordinance was numbered 3045 New Series, and entitled: AN ORDINANCE AMENDING SECTIONS 2.24.020 AND 2.24.021 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE APPOINTMENT OF A REDEVELOP- MENT AGENCY City Clerk Subscribed and sworn to before me this