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.
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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
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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.
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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.
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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.
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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
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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-
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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.
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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.
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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.
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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.
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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