HomeMy WebLinkAbout55D - SAEC ARTICLES OF INCORPORATION
REQUEST FOR
COUNCIL ACTION
~
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JULY 5,2005
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 15t Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONSENT TO MODIFICATION OF THE
SANTA ANA EMPOWERMENT CORPORATION
ARTICLES OF INCORPORATION TO
INCREASE~ ~
.a~
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt a resolution consenting to an amendment to
Incorporation of the Santa Ana Empowerment Corporation,
the size of quorum.
the Articles of
Inc. to increase
DISCUSSION
The Santa Ana Empowerment Corporation (SAEC) will be holding a special
Board meeting on July 11, 2005, to discuss and vote on changing the
percentage used in determining quorum for Board meetings. The Articles of
Incorporation, Article V, established quorum as being one third of the
Board. Members of the SAEC Board have discussed and will be voting to
amend quorum to one half plus one. This modification, if adopted, would
allow for more Board members to participate on Board committees without
triggering a quorum issue for the entire Board.
Article XI of the Articles of Incorporation states the Articles may not be
changed without the approval of City Council. Therefore, the Board of
Directors is asking that City Council adopt a resolution consenting to a
modification of Article V of the Articles of Incorporation to increase the
size of quorum. This would allow the Board to change the quorum
percentage and immediately proceed with establishing membership on various
Board Task Forces.
550-1
Consent to Modification of SAEC
Articles of Incorporation to
Increase Quorum
July 5, 2005
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
~~/~
patrici C. Whi ker
Executive Director
Community Development Agency
PCW/DS/mlr
H:\ACTIONS\2005 CC\Consent to Modif of SAEC Articles to Incr Quorum
7-5-05l.doc
550-2
bk:6/28/05
RESOLUTION NO. 2005-069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA CONSENTING TO AN AMENDMENT TO THE
ARTICLES OF INCORPORATION OF THE SANTA ANA
EMPOWERMENT CORPORATION, INC. TO INCREASE
THE SIZE OF QUORUM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby, finds, determines
and declares as follows:
A. In 1999, the United States Department of Housing and Urban
Development approved the application of the City of Santa Ana
to be a federal Round II Urban Empowerment Zone.
B. On July 19, 1999, the City Council, pursuant to Resolution
No. 99-043, created the Santa Ana Empowerment Corporation,
Inc. to implement the City's Empowerment Zone Strategic Plan.
C. The articles of incorporation of the Santa Ana Empowerment
Corporation require the City Council of the City of Santa Ana to
concur in any modification to the articles.
D. The articles of incorporation of the Santa Ana Empowerment
Corporation provide that quorum of the Board of Directors, which
is the minimum number of Directors who must be present for
valid transaction of business, is one-third (%).
E. At its last regular meeting, the Board of Directors of the Santa
Ana Empowerment Corporation scheduled a special meeting on
July 11, 2005 to consider increasing the size of the Board's
quorum.
F. Because increasing the size of quorum for the Board would
require amendment to the articles of incorporation, the City
Council must concur in this amendment.
550-3
Resolution No. 2005-069
Paqe 1 of 3
Section 2. The City Council concurs in any action by the Board of Directors of
the Santa Ana Empowerment Corporation to amend Article V of its articles of
incorporation to increase the size of quorum of the Board.
Section 3. This Resolution shall take effect upon adoption by the Santa Ana
Empowerment Corporation of an action pursuant to Article XI of its articles of
incorporation to increase the size of quorum established pursuant to Article V of the
articles. In that event and at that time, the Clerk of the Council shall attest to and certify
the vote adopting this Resolution.
ADOPTED this
day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Resolution No. 2005-069
Page 2 of 3
550-4
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005-069 to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
550-5
Resolution No. 2005-069
Paqe 3 of 3
550-6