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HomeMy WebLinkAbout1981-109 CRA " , REL:adg 9/21/81 .. . RESOLUTION NO. 81-109 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA ADOPTING REVISED BY-LAWS WHEREAS, the Community Redevelopment Agency of the City of Santa Ana desires to amend its By-laws to change the time of its regular meetings from 1:00 p.m. to ~:30 p.m'r on the third Tuesday of each month, and to make certain minor corrections in the text of said By-laws; and WHEREAS, seven (7) days advance written notice of said amendments has been given to the members of the said Agency by the Executive Director of the Agency; and WHEREAS, the text set forth hereinbelow is the complete text of said By-laws as thus amended; .. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Santa Ana, that the revised By-laws set forth hereinbelow are hereby adopted as the By-laws of the said Agency, effective from and after the date of this resolution and superseding all previously adopted By-laws and amendments thereto: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA BY-LAWS ARTICLE I - THE AGENCY SECTION 1. Name of Agency. The name of the Agency shall be the Community Redevelopment Agency of the City of Santa Ana. SECTION 2. Seal of the Agency. The seal of the Agency shall be 1n the form of a circle and shall bear the name of the Agency and year of its organization. . SECTION 3. Office of the Agency. The office of the Agency shall be at the Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, California. ¡q -IS'" 4 " , , RESOLUTION NO. 81-109 PAGE TWO . SECTION 1. SECTION 2. SECTION 3. . SECTION 4. SECTION 5. SECTION 6. . ARTICLE II - OFFICERS Officers. The officers of the Agency shall be a chairman, a vice-chairman, an executive director, and a recording secretary. Selection of Officers and Terms. The chair- man and vice-chairman of the Community Redevelopment Agency shall be elected at its first meeting. The chairman and vice-chairman of the Agency shall thereafter be elected at the first meeting of the Agency following any general or special election at which members of the City Council of the City of Santa Ana are elected. The chairman and vice-chairman shall serve in such capacity at the pleasure of the Agency. Duties of the Chairman. The chairman shall preside at all meetings of the Agency and shall sign all legal documents, including, but not limited to deeds and contracts, authorized by the Agency. At each meeting the chairman shall submit such recommendations and information as he may consider proper concerning the business, affairs, and policies of the Agency. Duties of the Vice-Chairman. The vice-chairman shall perform the duties of the chairman in the absence or disability of the chairman. Vacancy of Office. The Agency, in the event of a vacancy ln the office of chairman or vice-chairman, shall elect one of its members to the unexpired term. Executive Director. The executive director shall have general supervision over the administration of Agency business and affairs subject to the direction of the Agency and shall perform all duties incident to his office. He shall keep in safe custody the seal of the Agency and shall have power to affix said seal to all contracts, and instruments authorized to be executed by the Agency. The executive director shall also f1./~ 4 RESOLUTION NO. 81-109 PAGE THREE . . SECTION 7. SECTION 8. SECTION 9. . have the care and custody of all funds of the Agency and shall deposit the same in the name of the Agency in such bank or banks as the Agency may select. He shall sign all orders and checks for the payment of money and shall payout and disburse such monies under the director of the Agency. Except as otherwise authorized by resolution of the Agency, all such orders and checks shall be countersigned by the chairman or vice- chairman. The executive director shall keep regular books of account showing receipts and expenditures and shall render to the Agency at each regular meeting (or more often when requested), an account of his transactions and also of the financial condition of the Agency. He shall give such bond for the faithful performance of his duties as the Agency may determine. Recording Secretary. The executive director shall act as the recording secretary of the Agency for the purpose of keeping the minutes of the meetings of the Agency, and shall keep a record of its proceedings and transactions. He shall record all votes, and shall keep a record of the proceedings of the Agency in a journal of proceedings to be kept for such purposes. Additional Duties of Agency Officers. The officers of the Agency shall perform such other duties and functions as may from time to time be required by the Agency or the by- laws of the Agency. Additional Personnel. The Agency may from time to time employ such personnel as it deems necessary to ..exercise its powers, duties and functions as prescribed by the Community Redevelopment Law, as amended, and all other laws of the State of California applicable thereto. The selection and compensation of such personnel (including the executive director) shall be determined by the Agency subject to the laws of the State of California. "'-/7 4 RESOLUTION NO. 81- 109 PAGE FOUR . SECTION 1. . SECTION 2. . ARTICLE III - MEETINGS The Agency shall meet in the Council Chambers of the Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, California, at 6:00 P.M., on the third Tuesday of each month. In the event any regular meeting falls on a holiday, the regular meeting shall be held on the next business day at the same hour prescribed hereinabove. A regular meeting may be adjourned to a time and place designated by the chairman. Special meetings may be called from time to time by the chairman, vice-chairman or four (4) members of the Agency, by notice delivered to each available member of the Agency at least 48 hours prior to such meeting, unless a written waiver of notice is filed by each affected member with the executive director of the agency. Written notice shall also be delivered to each local newspaper of general circulation and radio or television station which has previously filed a written request to be informed of such meetings. Meetings may be adjourned to a time and place desig- nated by the chairman. Quorum. The powers of the Agency shall be vested in the members thereof in office from time to time. Four (4) members shall con- stitute a quorum for the purpose of conducting its business and exercising its powers, and for all other purposes, but a smaller number may adjourn from time to time until a quorum i~ obtained. In the ab~ence of all of the members of the Community Redevelopment Agency from any regular meeting, the recording secretary of the Agency may declare the same adjourned to a stated day and hour. Notice of such adjourned meeting shall be given or may be waived in the same manner as specified in these by-laws for giving or waiving of notice of special meetings of the Community Redevelopment Agency. A-If 4 RESOLUTION NO. 81- 109 PAGE FIVE . SECTION 3. SECTION 4. . SECTION 5. SECTION 6. . Order of Business. At the regular meeting of the Agency, the following will be the order of business: l. 2. Roll call Approval of the minutes of the previous meeting Communications Report from the secretary Report of Committees Unfinished business New business Adjournment 3. 4. 5. 6. 7. 8. Resolutions. All written resolutions shall be designated by number, reference to which shall be inscribed in the minutes and an approved copy shall be filed in the official Book of Resolutions of the Agency. Continuances. A continuance may be requested in writing or orally by any person. At the discretion of the chairman, a hearing may be had on the request. Such motion for con- tinuance shall be voted upon before the opening of the public hearing on the matter for which the continuance is granted. The continuance, if granted, may be for a time determined by the Agency. Manner of Voting. The voting on written resolut1ons, and on such matters as may be requested by any Agency member, shall be by roll call vote, and the ayes and noes and members present not voting shall be entered upon the minutes of such meeting, except where there is an election of officers of the Agency, which election may be by ballot, if the vote is announced. In the event a member who is not disqualified abstains from voting, then such abstention shall constitute concurrence in the motion and the recording secretary shall set forth in the minutes that the matter was passed pursuant to this rule. 11./Cf 4 RESOLUTION NO. 81- 109 PAGE SIX . SECTION 1. SECTION 2. . . SECTION 3. ARTICLE IV. CONDUCT OF HEARINGS Matters to be Considered. The Agency shall consider matters brought before it on its own motion, by agenda prepared by the executive director, and any matter not previously considered which the Agency desires to consider. As to each and every matter before the Agency, the chairman or person designated by him shall state the matter before the Agency. The chairman shall then recognize all those parties speaking in favor of the matters, and shall thereafter recognize all parties opposed thereto. Time Limit To Address Agency. No person addressing the Agency shall speak more than five (5) minutes on any subject unless that time limit is extended for a period of time certain at the discretion of the chairman or expressed in a motion. All persons addressing the Agency shall do so through the chair and shall state their name and address prior to speaking. An Agency member may not speak more than three (3) minutes on anyone subject, and may not speak again until all other Agency members who wish to be heard have spoken, and no Agency member shall speak more than twice on any subject unless authorized by the Agency. The proponents, collectively, of a matter before the Agency shall each be allowed three (3) minutes of rebuttal. The chairman may recognize other speakers in rebuttal at his discretion. The foregoing provision shall not apply to any employee of the City of Santa Ana, or the Community Redevelopment Agency of the City of Santa Ana, speaking before the Agency in his official capacity. Closing the Hearing. After all speakers have been heard, the chairman shall declare the hearing closed. A closed hearing may be re-opened only on motion and vote as 4 1'9 . :to " RESOLUTION NO. 81- 109 PAGE SEVEN . SECTION 1. . SECTION 2. SECTION 3. SECTION 4. . SECTION 5. hereinafter provided. After close of the hearing, members of the Agency may publicly discuss the matter before them and may ask questions of persons who have spoken before the Agency. A closed hearing may be re- opened only on motion and vote as herein- after prov ided . ARTICLE V. PROCEDURES Question of Personal Privilege. The right of a member of the Agency to address the Agency on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are questioned, or to where welfare of the Agency is concerned. The member may interrupt another speaker if the chairman recognizes the "privilege." Appeal of Decision. Any decision or ruling of the chairman may be appealed to the Agency by request of any member. The chairman shall call for roll call to see if the chair shall be upheld. If the roll call loses, the chairman is reversed. Processing of Motions. A motion shall be made and seconded. If any debate then follows, and it is likely that there will be confusion as to the motion, the chairman should ask the recording secretary to read from her notes. A motion may not be withdrawn by the mover without the consent of the second and the approval of the Agency. Motion by Chairman. The chairman has the right to make or second motions using discretion and tact as to recognition of other members. Priority of Motion. When a motion is before the Agency, no motion shall be entertained except (1) to adjourn, (2) to fix hour of adjournment, (3) to ,lay on the table, (4) for the previous question, (5) to postpone A-1.1 4 '. . . RESOLUTION NO. 81-109 PAGE EIGHT . SECTION 6. SECTION 7. SECTION 8. . SECTION 9. . to a certain day, (6) to refer, (7) to amend, and (8) to postpon~ indefinitely. These motions shall have precedence in the order indicated . Decision. A decision made by the Agency is made by vote of the Agency on the motion. Motion to Approve or Deny. The vote is affirmatlve when a motion to approve the matter before the Agency is approved by the majority hereinafter required. In the event a motion to deny fails to carry, the chairman shall forthwith call for a motion to approve. Tie Vote. In the event of a tie vote on a motion, the Agency shall be deemed to have made no decision, and such alterna- tive motions may be made until the Agency makes a decision. Abstentions. No member of the Agency shall abstaln from any vote unless the vote is on a decision in which he knows or has reason to know he has a financial interest. If a member of the Agency shall have made a written disclosure of direct or indirect financial interest in any property included within a project area designated by the Agency, to the Agency and the Santa Ana City Council, said Agency member shall not be disqualified from voting on matters pertaining to said project area. If a member of the Agency shall otherwise feel that he is disquali- fied from voting, he shall openly state the fact and the nature of his disqualifi- cation, and then absent himself from the room during the debate and the vote on the matter. If there is doubt, the matter shall be resolved by a majority vote of the remaining members of the Agency. In the event a member who is not disqualified abstains from voting, then such abstention shall constitute concurrence in the motion. A .. 'Ä. ')... 4 '. RESOLUTION NO. 81- 109 PAGE NINE . SECTION 10. SECTION 11. SECTION 12. . SECTION 13. . Amendment of By-Laws. The By-Laws of the Agency may be amended only with the approval of at least four (4) members of the Agency at a regular or special meeting, but no such amendment shall be adopted unless at least seven (7) days written notice thereof has been previously given to all members of the Agency by the executive director. Such notice shall identify the section or sections of the By-Laws proposed to be amended. Vote Required on Other Motions. The vote required to decide motions in the affirmative shall be the vote of more than one-half of the members of the Agency present. Order of Voting. The maker of the motion should be called first to vote on the motion; the second to the motion next; then proceed from left to right in seating order. There shall be no qualified vote; (i.e. no explanation of a vote), and votes shall be stated in order of roll call and may not be deferred until all other members have been polled. Motion to Reconsider. Any member voting with the majority may move a recon- sideration of any .action at the same (or "have entered on the minutes" for vote at the next succeeding) meeting. After a motion for reconsideration has once been acted on, no other motion for a recon- sideration thereof shall be made without unanimous consent. It~j 4 ". , RESOLUTION NO. 81- 109 PAGE TEN . SECTION 14. Robert's Rules. All rules of order not herein provided for shall be determined in accordance with Robert's Rules of Order. ADOPTED this 26th day of by the following vote: ----- October , 1981, AYES: MEMBERS: Bricken, Griset, Luxembourger, McGuigan, Serrato, Markel MEMBERS: None NOES: ABSENT: MEMBERS: AÇ~26 ATTEST: . CHAIRMAN APPROVED AS TO FORM: ~ß~ EDWARD~ . OP LEGAL COUN EL . /f~¥ 4