HomeMy WebLinkAboutAGENDA REPORT 2009 0304 CC REG ITEM 09C ITEM 9 - C,
C ITY OF MOORPARK,CALlrFC:'_"! a
City Council Meeting
ACrioN: 944
MOORPARK CITY COUNCIL AGENDA REPORT
BY:
TO: Honorable City Council
FROM: Hugh R. Riley, Assistant City Mana e
DATE: February 25, 2009 (CC Meeting of 3/4/2009)
SUBJECT: Consider Modification to Council Policy on Requirements for
Membership on the Board of Directors for the Moorpark
Community Foundation for the Arts
BACKGROUND
On January 16, 2008, the City Council directed staff to begin the research activity
necessary to establish a Moorpark Community Foundation for the Arts. The
mission of the Foundation is to raise funds from private sources and private or
public grants to support the advancement of the arts in Moorpark including
supporting the ongoing operating expense of the High Street Arts Center. In
March 2008, staff completed the required Articles of Incorporation (Attached)
which were filed with the California Secretary of State's Office on June 5, 2008 to
establish the foundation. On February 4, 2009 the City Council approved Bylaws
governing the operation of the Foundation including appointment and service of a
Board of Directors.
DISCUSSION
The City Council's current Policies Resolution No. 2007-2636 sets forth the
Council policies for citizen appointments to boards, commissions, and
committees. Existing City Council Policy regarding residency for appointment to
City Boards and Commissions requires that applicants be a resident and a
registered voter of Moorpark with two exceptions:
A. There is no registered voter requirement for the Teen Council
B. A Moorpark Arts Commissioner must reside within the City, the City's Area of
Interest, the Moorpark Unified school District boundaries, or own a business
within the city of Moorpark.
if.)()033
Honorable City Council
February 25, 2009
Page 2
The mission of the Moorpark Community Foundation for the Arts includes
providing financial support for the Arts Center which depends upon regional
audience support from beyond these traditional boundaries. Therefore, staff
recommends that the City Council consider deleting the residency requirement
for board members of the foundation. It is not unlikely that a future board member
of the foundation might have a New York home address but in fact spends
significant time in California. There could also be interest in the Arts Center
Project from a well known entertainment professional or artist. The requirement
to be a registered voter would be difficult to verify for a person residing in another
country and should also be deleted.
If the Council approves these modifications, when the Council Policies are
presented for amendment in the near future, these changes would be included.
FISCAL IMPACT
There is no fiscal impact to the proposed action.
STAFF RECOMMENDATION
Approve deletion of the voter registration and residency requirements for
membership on the Board of Directors for the Moorpark Community Foundation
for the Arts and direct staff to include these changes in the next Update to City
Council Policies Resolution.
Attachment: Articles of Incorporation
..1,0 03 4
3
State of California
Secretary of State
I , DEBRA BOWEN, Secretary of State of the State of
California, hereby certify:
That the attached transcript of page(s) has been compared
with the record on file in this office, of which it purports to be a copy, and
that it is full, true and correct.
sEp�poF TtiF IN WITNESS WHEREOF, I execute this
�P,.•'' � " '••. s certificate and affix the Great Seal of the
� :' '• � State of California this day of
m
z 4� � o
r � � JUN 2 6 2008
cq iFOaN�P
DEBRA BUWEN
Secretary of State
ATTACHMENT
Secl'State Firm CE-10:(R.FV 1.2007) CSF06 99754
ENDORSEDw FILED
In the Office of the secretary of State
ARTICLES OF INCORPORATION JUN 0 9 2008
OF
MOORPARK COMMUNITY FOUNDATION FOR THE ARTS
The name of this corporation is MOORPARK COMMUNITY FOUNDATION FOR THE
ARTS
II
A. This corporation is a nonprofit public benefit corporation and is not organized for
the private gain of any person. It is organized under the Nonprofit Public Benefit
Corporation Law for charitable purposes.
B. The specific purpose of this corporation is to provide and promote the arts to the
public through the operation of the High Street Arts Center in the City of
Moorpark.
III
The name and address in the State of California of this corporation's initial agent for
service process is:
Hugh R. Riley, Assistant City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
IV
A. This corporation is organized and operated exclusively for charitable purposes
within the meaning of Section 501(c)(3) of the Internal Revenue Code.
B. No substantial part of the activities of this corporation shall consist of carrying on
propaganda or otherwise attempting to influence legislation, and the corporation
shall not participate or intervene in any political campaign (including the
publishing or distribution of statements) on behalf of any candidate for public
office.
V
The property of this corporation is irrevocably dedicated to charitable purposes and no
part of the net income or assets of this organization shall ever inure to the benefit of any
director, officer or member thereof or to the benefit of private persons. Upon the
dissolution of the corporation its assets remaining after payment or provision for
- 1 -
payment of all debts and liabilities of this corporation shall be distributed to a nonprofit
fund, foundation, or municipal corporation which has established its tax exempt status
under Section 501(c)(3) of the Internal Revenue Code.
b5a�
Date Incorporator: Hugh R. Riley
RY
��GE OF Tti
- 2 - o-3 7
1
State of California
V� 1
Secretary of State
1
Cf 11f Q.M`• .
1
1
1
STATEMENT OF INFORMATION '
(Domestic Nonprofit, Credit Union and Consumer
Cooperative Corporations)
1
Filing Fee: $20.00. If amendment,see instructions.
IMPORTANT—READ INSTRUCTIONS BEFORE COMPLETING THIS FORM This Space For Filing Use Only
_EN1. CORPORATE NAME (Please do not alter if name is preprinted.)
Moorpark Community Foundation for the Arts
DUE DATE:
COMPLETE PRINCIPAL OFFICE ADDRESS (Do not abbreviate the name of the city. Item 2 cannot be a P.O.Box.)
2. STREET ADDRESS OF PRINCIPAL OFFICE IN CALIFORNIA,IF ANY CITY STATE ZIP CODE
799 Moorpark Avenue Moorpark CA 93021
3. MAILING ADDRESS OF THE CORPORATION,IF REQUIRED CITY STATE ZIP CODE
799 Moorpark Avenue Moorpark CA 93021
NAMES AND COMPLETE ADDRESSES OF THE FOLLOWING OFFICERS (The corporation must have these three officers. A comparable title
for the specific officer may be added;however,the preprinted titles on this form must not be altered.)
4. CHIEF EXECUTIVE OFF!CER/ ADDRESS CITY STATE ZIP CODE
Steven Kueny 799 Moorpark Avanue Moorpark CA 93021
5 SECRETARY/ ADDRESS CITY STATE ZIP CODE
David C Moe 799 Moorpark Avanue Moorpark CA 93021
6. CHIEF FINANCIAL OFFICER/ ADDRESS CITY STATE ZIP CODE
Hugh R Riley 799 Moorpark Avanue Moorpark CA 93021
AGENT FOR SERVICE OF PROCESS (If the agent is an individual,the agent must reside in California and Item 8 must be completed with a California
street address(a P.O.Box address is not acceptable). If the agent is another corporation,the agent must have on file with the California Secretary of State a
certificate pursuant to Corporations Code section 1505 and Item 8 must be left blank.)
7. NAME OF-AGENT FOR SERVICE OF PROCESS
Hugh R Riley
8. STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA,IF AN INDIVIDUAL CITY STATE ZIP CODE
799 Moorpark Avenue Moorpark CA 93021
DAVIS-STIRLING COMMON INTEREST DEVELOPMENT ACT(California Civil Code section 1350,et seq.)
9. Check here if the corporation is an association formed to manage a common interest development under the Davis-Stirling Common Interest
Development Act and proceed to Items 10, 11 and 12.
NOTE: Corporations formed to manage a common interest development must also file a Statement by Common Interest Development Association (Form
SI-CIO)as required by California Civil Code section 1363.6. Please see instructions on the reverse side of this form.
10. ADDRESS OF BUSINESS OR CORPORATE OFFICE OF THE ASSOCIATION,IF ANY CITY STATE ZIP CODE
799 Moorpark Avanue Moorpark CA 93021
11. FRONT STREET AND NEAREST CROSS STREET FOR THE PHYSICAL LOCATION OF THE COMMON INTEREST DEVELOPMENT 9-DIGIT ZIP CODE
(Complete if the business or corporate office is not on the site of the common interest development.)
12. NAME AND ADDRESS OF ASSOCIATION'S MANAGING AGENT,IF ANY CITY STATE ZiP CODE
-lugh R Riley 799 Moorpark Avanue CA 93021
3. THE INFORMATION CONTAINED HEREIN IS TRUE AND CORRECT.
6"�tC3
11!18/08 Hugh R Riley Agent _
DATE TYPE/PRINT NAME OF PERSON COMPLETING FORM -TITLE SIGNATURE
1-100;REV 0112008) APPROVED RY 0,FI-4cTARY OF 53TATF