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HomeMy WebLinkAbout1981-101 CRA REL:adg 9/22/81 . RESOLUTION NO. 81-101 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT COMMISSION OF THE CITY OF SANTA ANA ADOPTING REVISED BY-LAWS WHEREAS, the Community Redevelopment Commission of the City of Santa Ana desires to amend its By-laws to change the dates of its regular meetings from the second and fourth Tuesdays of each month to the first and third Tuesdays of each month, and set the meeting place of the Commission, and to make certain minor modifications 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 Commission; 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 Commission of the City of Santa Ana, that the revised By-laws set forth hereinbelow are hereby adopted as the By-laws of the said Commission, effective from and after the date of this resolution and superseding all previously adopted By-laws and amendments thereto: THE COMMUNITY REDEVELOPMENT COMMISSION OF THE CITY OF SANTA ANA BY-LAWS ARTICLE I - THE COMMISSION SECTION 1. Name of Commission. The name of the Commission shall be the Comm~nity Redevelopment Commission of the City of Santa Ana. . SECTION 2. Seal of the Commission. The seal of the Commission shall be in the form of a circle and shall bear the name of the Commission and the year of its organization. ,/ 7A tt RESOLUTION NO. 81-101 PAGE TWO . SECTION 3. SECTION 4. SECTION 5. . SECTION 6. SECTION 7. . Duties of the Chairman. The chairman shall preside at all meetings of the Commission and sign all legal documents necessary to carry out the business of the Commission. At each meeting the chairman shall submit such recom- mendations and information as he may consider proper concerning the business, affairs, and the policies of the Commission. Duties of the Vice-Chairman. The vice-chairman shall perform the duties of the chairman in the absence or incapacity of the chairman; and in the case of the resignation or death of a chairman, the vice-chairman shall perform duties as are imposed on the chairman until such time as the Commission shall elect a new chairman. Vacancy of Office. The Commission, in the event of a vacancy in the office of chairman or vice-chairman, shall elect one of its members to the unexpired term. Secretary. The Executive Director of the Community Redevelopment Agency shall be the Secretary of the Commission and, as such, he shall have general supervision over the administration of its business and affairs, subject to the direction of the Commission, and the Community Redevelopment Agency. The Commission shall designate a recording sec- retary for the purpose of keeping the minutes of the meetings of the Commission, and who shall keep a record of its proceedings and transactions. Additional Duties of Commission Officers. The officers of the Commission shall perform such other duties and functions as may from time to time be required by the Commission or the By-laws or rules or regulations of the Commission. h7 7ð RESOLUTION NO. 81-101 PAGE THREE . SECTION 1. . SECTION 2. . ARTICLE III - MEETINGS Time and Place. The Commission shall meet twice a month, at .3:30 p.m. on the first and third Tuesdays of each month. The Commission's meeting place shall be the City Council Chambers, 22 civic Center Plaza, Santa Ana, or, in the event said Council Chambers are un- available, in Room 831, City Hall, 20 Civic Center Plaza, Santa Ana. In the event any regular meeting falls on a holiday, the regular meeting shall be held on the next business day at 3:30 p.m. A regular meeting may be adjourned to a time and place des- ignated by the chairman. Special meetings may be called by the chairman, vice-chairman, or four (4) members of the Commission by notice delivered to each available member of the Commission at least 48 hours prior to such meetings, unless a written waiver of notice is filed by each affected member with the Secretary of the Com- mission. 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. Quorum. The powers of the Commission 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 is obtained. In the absence of all of the members of the Community Redevelopment Commission from any regular meeting, the secretary of the Commission, or his designee, may declare the same adjourned to a stated day and hour. Notice of such adjourned meeting should 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 Commission. t~ 71\ RESOLUTION NO. 81-101 PAGE FOUR . SECTION 3. SECTION 4. . SECTION 5. SECTION 6. . Order of Business. At the regular meetings of the Commission, the following will be the order of business: 1. 2. 3. 4. 5. 6. 7. 8. Roll call Approval of the minutes of the previous meeting Communications Report from the Secretary Report of committees Unfinished business New business Adjournment 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 Commission. Continuances. A continuance may be requested by anyone, and the request may be either oral or in writing. At the discretion of the chair- man, a hearing may be had on the request. Such motion for continuance shall be voted upon before the opening of the public hearing on the matter for which the continuance is granted. At the close of the hearing on the continuance, or if no hearing be had, then upon the making of the request to the Commission, a motion shall be made on the request and seconded. The continuance, if granted, may be for the time asked or for a lesser time. Manner of Voting. The voting on formal resolu- tions, and matters relating to any federal, state, county, or city agency, and on such matters as may be requested by majority of the Commission members, 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 Commission, which election may be by ballot. J, 7A I' ¡ RESOLUTION NO. 81-101 PAGE FIVE . SECTION 1. . SECTION 2. . ARTICLE IV. CONDUCT OF HEARINGS Matters to be Considered. The Commission shall cons1der matters brought before it on its own motions; thereafter, the Commission shall consider matters brought before it by agenda prepared by the Secretary for said meeting; and, finally, the Commission shall consider any matter not previously considered. As to each and every matter before the Com- mission, the chairman or person designated by him shall state the matter before the Commission. 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 Commission. No person addressing the Comm1ss10n 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 chair- man or expressed in a motion. All persons addressing the Commission shall do so through the chair and shall state their name and address prior to speaking. A Commissioner may not speak more than three (3) minutes on anyone subject, and may not speak again until all other Commissioners who wish to be heard have spoken, and no Commissioner shall speak more than twice on any subject unless authorized b~ the Commission. The pro- ponents, collectively, of a matter before the Commission shall each be allowed three (3) minutes of rebuttal. The chairman may recog- nize other speakers in rebuttal at his dis- cretion. 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 Commission in his official capacity. 10 7A. RESOLUTION NO. 81-101 PAGE SIX . SECTION 3. SECTION 4. . SECTION 5. SECTION 6. . 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 hereinafter provided. After close of the hearing, members of the Commission may publicly discuss the matter before them and may ask questions of persons who have spoken before the Commission. Upon conclusion of the discussion, the chair- man shall ask for a motion declaring the decision of the Commission. The motion shall be made and seconded. Prior to vote, the motion may be discussed by members of the Commission. Question of Personal Privilege. The right of a member of the Commission to address the Commission on a question of personal privilege shall be limited to cases in which his integ- rity, character, or motives are questioned, or to where welfare of the Commission is concerned. The member may interrupt another speaker if the chairman recognizes the "privilege." Appeal of Decision. Any decision or rulings of the chairman may be appealed to the Com- mission by request of any member. The chair- man 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 Commission. 71 7A. RESOLUTION NO. 81-101 PAGE SEVEN . SECTION 7. SECTION 8. SECTION 9. . SECTION 10. SECTION 11. SECTION 12. . Motion by Chairman. The chairman has the right to make or second motions and, in his absence, when the vice-chairman is acting in the same capacity, he has the same right, using discretion and tact as to recognition of other members. priority of Motion. When a motion is before the Commission, 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 to a certain day, (6) to refer, (7) to amend, and (8) to postpone indefinitely. These motions shall have precedence in the order indicated. Decision. A decision made by the Commission is made by vote of the Commission on the motion to declare the decision of the Commission. Motion to Approve or Deny. The vote is affirmative when a motlon to approve the matter before the Commission 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 Commission shall be deemed to have made no decision, and such alternative motions may be made until the Commission makes a decision. Abstentions. No member of the Commission shall abstain from any vote unless disqualified. If a member of the Commission shall have made a written disclosure of direct or indirect finan- cial interest in any property included within a project area designated by the Community Redevelopment Agency, to the Santa Ana City Council, said Commissioner shall not be dis- qualified from voting on any matter pertaining to said project area. If a member of the Com- mission shall otherwise feel that he is dis- qualified from voting, he shall openly state 1;, 7A , . . . . RESOLUTION NO. 81-101 PAGE EIGHT SECTION 13. SECTION 14. SECTION 15. SECTION 16. the fact and the nature of his disqualifi- cation, and then absent himself from the roam during the debate and the vote on the matter. If there is doubt, the matter shall be resolved by a majority vote of the quorum of the Commission. Amendment of By-Laws. The By-laws of the Commission shall be amended only with the approval of at least four (4) members of the Commission 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 Commission. Such notice shall identify the section or sections of the By-laws pro- posed to be amended. Vote Required on Other Motions. The vote required to decide motlons in the affirmative shall be the vote of more than one-half of the members of the Commission 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. (Le. 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 who voted with the majority may move a reconsideration of any action at the same (or "have entered on the minutes" for vote at the next succeed- ing) meeting, provided no legal rights have intervened to create an estoppel. After a motion for reconsideration has once been acted on, no other motion for a reconsideration there- of shall be made without unanimous consent. 73 7A , ,'. . . . . . RESOLUTION NO. 81-101 PAGE NINE SECTION 17. Robert's Rules. All rules of order not herein provided for shall be determined in accordance with Robert's Rules of Order. ADOPTED this ~daý of October the following vote: , 1981, by AYES: MEMBERS: Coil, Hill, Kane, McLean, Nalle, Newcomb NOES: MEMBERS: None ABSENT: MEMBERS: Jessee ~~/~~ REX ANSON SECRETARY APPROVED AS TO FORM: ~..~~!--. ~ If 7l\