Loading...
HomeMy WebLinkAbout110507 Bylaws CD and Hsg CommissionREQUEST FOR AGENCY ACTION AGENCY BOARD MEETING DATE: NOVEMBER 5, 2007 TITLE: BYLAWS OF THE COMMUNITY REDEVELOPMENT & HOUSING COMMISSION 4 214 XECU E DIRECTOR RECOMMENDED ACTION Receive and file. AGENCY SECRETARY USE ONLY: rnobonj; Alvarez, 2 d, ; .Brt,,M rna,n fe. APPROVED As Recommended 7"0 As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At its Special Meeting of September 5, 2007, by a vote of 7:0, the Community Redevelopment and Housing Commission adopted Resolution No. 2007 -02 amending Resolution Nos. 81 -101, 96 -3, and 2007 -01 regarding the Community Redevelopment and Housing Commission and approved its bylaws. DISCUSSION: The original Community Redevelopment Commission bylaws were adopted pursuant to Resolution 81 -101 in October of 1981. In November 1994, the City Council adopted an ordinance dissolving the Housing Commission and transferring its duties and responsibilities to the Redevelopment Commission and renamed the Commission, the Community Redevelopment & Housing Commission. Then in July of 1996, the bylaws were amended pursuant to Resolution 96 -3, which changed the date of the annual chair and vice chair elections from July to February. Most recently, the bylaws were amended in April 2007 by Resolution 2007 -01 to change the time and location of the Commission meetings. Following this action, the Community Redevelopment & Housing Commission reviewed the bylaws (Exhibit 1) and incorporated changes, which are consistent with the recent amendments to the City Charter and more accurately reflect the duties procedures of the Commission. 3 -1 Bylaws of the CRHC November 5, 2007 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Nancy T. Gdwards Assistant Director Community Redevelopment Agency SGH /NTE /mlr H: \ACTION ITEMS \CRA \2007 CRA \CRHCBylaws - RecieveandFile 11- 5- 07.doc 3 -2 8/30/07 LS RESOLUTION NO. 2007 -02 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION OF THE CITY OF SANTA ANA AMENDING ITS BYLAWS THE COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The Community Redevelopment and Housing Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Resolution No. 81 -101, dated October 6, 1981, contains and sets forth the main text of the bylaws of the Community Redevelopment and Housing Commission of the City of Santa Ana ( "Commission "). Resolution No. 96 -3 amended the "Selection of Officers and Terms ", Article II, Section 2 of the bylaws in 1996. Resolution No. 2007 -01 amended the time and location of the Commission meetings. B. After lengthy review, the Community Redevelopment and Housing Commission of the City of Santa Ana now desires to amend its bylaws to update them, make them more consistent with the recent amendments to the City Charter, and to more accurately reflect the duties and procedures followed by the Commission. C. Seven (7) days advance written notice of said amendments has been given to members of said Commission as required by the bylaws. Section 2. The previous bylaws of the Redevelopment and Housing Commission as set forth in Resolution No. 81 -101, Resolution No. 96 -3 and Resolution No. 2007 -01 shall be completely superseded and replaced by the newly amended bylaws attached hereto. Section 3. The Secretary is hereby instructed to certify said amendment to the bylaws and cause the same to be filed and kept in the principle office of the Community Redevelopment Agency of the City of Santa Ana, California, 20 Civic Center Plaza, Santa Ana, California, for inspection by all persons interested therein, and to the public generally. Section 4. The newly amended bylaws will be forwarded to the Community Redevelopment Agency Board, to be received and filed by said Board. 1 3 -3 8/30/07 LS ADOPTED this 5" day of September 2007. Nelida Yanez Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, Agency Legal Counsel By: Lisa Storck, Assistant Counsel AYES: COMMISSION MEMBERS Pedroza, Rodriquez Stroud Turner Vasquez, Villasenor. Yanez (7) NOES: COMMISSION MEMBERS None (0 ABSTAIN: COMMISSION MEMBERS None 0 NOT PRESENT: COMMISSION MEMBERS None 0 CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARY ROTTER, Recording Secretary of the Community Redevelopment and Housing Commission, do hereby certify the attached Resolution No. 2007 -02 to be the original resolution adopted by the Community Redevelopment and Housing Commission of the City of Santa Ana on September 5, 2007. Date: Recording Secretary Community Redevelopment and Housing Commission 2 3 -4 Revised Sept. 2007 THE COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION OF THE CITY OF SANTA ANA ARTICLE I —THE COMMISSION SECTION 1. Name of Commission. The name of the Commission shall be the "Community Redevelopment and Housing 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. SECTION 3. Duties of the Chair. The Chair shall preside at all meetings of the Commission, authorize calls for any special meetings, execute all documents and carry out any other business of the Commission. SECTION 4. Duties of the Vice - Chair. The Vice -Chair shall perform the duties of the Chair in the absence or incapacity of the Chair; and in the case of the resignation or death of the Chair, the Vice Chair shall perform duties as are imposed on the Chair until such time as the Commission shall elect a new Chair. SECTION 5. Vacancy of Office. The Commission, in the event of a vacancy in the office of Chair or Vice Chair, shall elect one of its members to the unexpired term. SECTION 6. Recording SecretarV. The Executive Director of the Redevelopment Agency shall appoint an employee to serve as Recording Secretary of the Commission, who shall issue notice of all regular and special meetings, and shall perform such duties as are generally associated with that office. SECTION 7. 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 pursuant to the California Health and Safety Code, local rules and regulations, or the Bylaws of the Commission. EXHIBIT 1 3-5 Page 1 of 5 ARTICLE II - ELECTIONS SECTION 1. Selection of Officers and Terms. The Chair and Vice -Chair shall be elected during the month of July in each calendar year and shall take office effective the first day of August following each election. Nominations for officers shall be made verbally, in person, for commissioners in attendance at said election. ARTICLE III — MEETINGS SECTION 1. Time and Place. A. Regular Meetings. Regular meetings of the Commission shall be bi- monthly, held at such time and place as established by the Commission. B. Special Meetings. Special meetings may be called at the direction of the Chair, or by a majority of the Commission members. SECTION 2. Quorum. Four (4) members shall constitute a quorum for the purpose of conducting the Commission business and exercising its powers and, for all other purposes; however, a smaller number may adjourn from time to time until a quorum is obtained. SECTION 3. Order of Business. At the regular meetings of the Commission, the following will be the order of business: 1. Call to Order 2. Pledge of Allegiance 3. Consent Calendar 4. Business Calendar 5. Work Study Session (if any) 6. Miscellaneous Administration 7. Public Comments 8. Staff Member Comments 9. Commissioner Member Comments 10. Adjournment SECTION 4. 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. SECTION 5. Absences. A notification of non - attendance to the Recording Secretary by either mail, e-mail, telephone or through message relayed by staff or other commission member may be deemed as an "excused absence" after consideration and vote of a majority of the commissioners. EXHIBIT 1 3-6 Page 2 of 5 Failure to give notification of non - attendance as described herein shall be deemed as "unexcused ". SECTION 6. Manner of Voting. The voting on Commission agenda items shall be entered upon the minutes of such meeting with the ayes and the noes and any abstentions set forth with specificity. SECTION 7. Discussion. Each commissioner, upon recognition by the Chair, may speak for up to five minutes on an agenda item. Once all commissioners have had the opportunity to speak, commissioners may speak again when recognized by the Chair. SECTION 8. Abstentions and Conflicts of Interest. No member of the Commission shall abstain from any vote unless disqualified. If a Commissioner is not qualified to vote, the member shall openly state the fact and the nature of the disqualification, and then leave the room during the debate and Commission vote on the matter. SECTION 9. Brown Act Compliance. All proceedings of the Commission shall be conducted in accordance with the Ralph M. Brown Act (California Government Code Section 54950 et seq.), as amended from time to time. ARTICLES IV. CONDUCT OF PUBLIC HEARINGS SECTION 1. Matters to be Considered. The Commission shall hold public hearings as mandated by law. As to each public hearing, the Chair shall state the matter before the Commission, open the public hearing and consider the agendized item. The Chair shall then recognize members of the public who would like to speak with regard to the agendized item. SECTION 2. Time Limit to Address Commission. No person addressing the Commission shall speak more than three (3) minutes. All persons addressing the Commission shall be recognized by the Chair and shall state their name prior to speaking. SECTION 3. Closing the Hearing. After all speakers have been heard, the Chair shall declare the hearing closed. A closed hearing may be reopened 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 shall ask for a motion declaring the decision of the Commission. The motion shall be made and seconded. Prior to a vote, the motion may be discussed by members of the Commission. EXHIBIT 1 3 -7 Page 3 of 5 3 SECTION 4. Appeal of Decision. Any decision or ruling of the Chair may be appealed to the Commission by request of any member. The Chair shall call to see if the Chair's decision /ruling shall be upheld or reversed. SECTION 5. 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 Chair should ask the Recording Secretary to read from the notes). A motion may not be withdrawn by the mover without the consent of the second and the approval of the Commission. SECTION 6. Motion by Chair. The Chair has the right to make or second motions, as does the Vice Chair in the absence of the Chair. The Vice Chair shall act in the same capacity; he /she has the same right, using discretion and tact as to recognition of other members. SECTION 7. 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. SECTION 8. Decision. A decision made by the Commission is made by vote of the Commission on the motion to declare the decision of the Commission. SECTION 9. Motion to Approve or Denv. The vote is affirmative when a motion to approve the matter before the Commission is approved by the majority. In the event a motion to deny fails to carry, the Chair shall call for a motion to approve. SECTION 10. Tie Vote. In the event of a tie vote on a motion, the Commission shall be deemed to have made no decision, and the Minutes shall reflect the tie vote. SECTION 11. Amendment of Bylaws. The Bylaws 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 Bylaws proposed to be amended. Any amendments to the Bylaws shall be subject to approval of the Agency Board. EXHIBIT 1 3-8 Page 4 of 5 4 SECTION 12 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 Commission present. SECTION 13. Order of Voting. When a motion has been made and seconded, the members of the Commission supporting the motion shall indicate their votes verbally or by a show of hands. SECTION 14. Motion to Reconsider. Any member who voted with a majority may move a reconsideration of any action at the same time (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 reconsideration thereof shall be made without unanimous consent. SECTION 15. Parliamentary Procedures. The current edition of Robert's Rules of Order Newly Revised shall be the authority on all questions of parliamentary procedure, unless in conflict with the Santa Ana Municipal Code, the laws of the State of California or these Bylaws. SECTION 16. City Charter. Any matters not addressed in these Bylaws shall be governed by the City Charter. EXHIBIT 1 3-9 Page 5 of 5 This page left intentionally blank. in THE COMMUNITY REDEVELOPMENT AND HOUSING 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 "Community Redevelopment and Housing 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. SECTION 3. Duties of the Chair. The GChair shall preside at all the meetings of the Commission, authorize calls for any special meetings, and execute all documents authaFized by the Commission and carry out any other business of the Commission. SECTION 4. Duties of the Vice -Chair The vVice- GChair shall perform the duties of the GChair in the absence or incapacity of the GChair; and in the case of the resignation or death of athe GChair, the vVice --GChair shall perform duties as are imposed on the GChair until such time as the Commission shall elect a new GChair. SECTION 5. Vacancy of Office. The Commission, in the event of a vacancy in the office of GChair or vVice- GChair, shall elect one of its members to the unexpired term. SECTION 6. Recording Secretary. The Executive Director of the Redevelopment Agency shall appoint an employee to serve as Recording Secretary of the Commission -, who shall issue notice of all regular and special meetings, and shall perform such duties as are generally associated with that office.. SECTION 7. 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 pursuant to the Health and Safety Code, or the By_ILaws or rules or regulations of the Commission. 3 -10 ARTICLE II - ELECTIONS SECTION 1. Selection of Officers and Terms. The sChair and VVice- eChair shall be elected during the month ofebruaJuly in each calendar year and shall take office effective the first day of # August following each said- election. Nominations for officers shall be made verbally, in person, for commissioners in attendance at said election. ARTICLE III - MEETINGS SECTION 1. Time and Place A. Regular Meetings. Regular meetings of the Commission shall be bi- monthly, held at such times and places as established by the Commission. B. Special Meetings. Special meetings may be called at the direction of the Chairpersea, or by a majority of the Commission members. SECTION 2. Quorum. Four (4) members shall constitute a quorum for the purpose of conducting the Commission business and exercising its powers and, for all other purposes;-,buthowever, a smaller number may adjourn from time to time until a quorum is obtained. SECTION 3. Order of Business. At the regular meetings of the Commission, the following will be the order of business: 1. Call to Order 2. Pledge of Allegiance 3. Consent Calendar 4. Business Calendar 5. Work Study Session (if any) 6. Miscellaneous Administration 7. Public Comments 8. Staff Member Comments 9. Commissioner Member Comments 10. Adiournment SECTION 4. 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. SECTION 5. Absences. A notification of non - attendance to the Recording Secretary by either mail, e-mail, telephone or through message relayed by 3 -11 staff or other commission member may be deemed as an "excused absence" after consideration and vote of a majority of the commissioners. Failure to give notification of non - attendance as described herein shall be deemed as "unexcused ". SECTION 6. Manner of Voting. The voting on Commission - agenda items shall be entered upon the minutes of such meeting with the ayes and the noes and any abstentions set forth with specificity. -. SECTION 7. Discussion. Each commissioner, upon recognition by the Chair, may speak for five minutes on an agenda item;; if hel , - ,� desi e6. Once all commissioners have had the opportunity to speak, commissioners may speak again when recognized by the eChair. SECTION S8. Abstentions and Conflicts of Interest. No member of the Commission shall abstain from any vote unless disqualified. If a member of the Commissioner feels that he/she is not disqualified from to vote+ng, the member shall openly state the fact and the nature of the disqualification, and then leave the room during the debate and Commission vote on the matter. SECTION 409. Brown Act Compliance. All proceedings of the Commission shall be conducted in accordance with- the Ralph M. Brown Act (California Government Code Section 54950 et seq.), as amended from time to time. ARTICLES IV. CONDUCT OF PUBLIC HEARINGS SECTION 1. Matters to be Considered. The Commission shall hold public hearings as mandated by law. As to each public hearing, the sChair shall state the matter before the Commission, aad -open the public hearing and consider the agendized item. Staff pFeSeRtG a re-peFt and thpn The sChair shall then recognize a;y-members of the public wanting who would like to speak with regard to the mattefagendized item. 3 -12 SECTION 2. Time Limit to Address Commission. No person addressing the Commission shall speak more than three (3) minutes. All persons addressing the Commission shall be recognized by the GChair and shall state their name aad addfess prior to speaking. SECTION 3. Closing the Hearing. After all speakers have been heard, the GChair shall declare the hearing closed. A closed hearing may be reopened 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 GChair shall ask for a motion declaring the decision of the Commission. The motion shall be made and seconded. Prior to a vote, the motion may be discussed by members of the Commission. SECTION 4. Appeal of Decision. Any decision or ruling of the GChair may be appealed to the Commission by request of any member. The GChair shall call to see if the GChair's decision /ruling shall be upheld or reversed.- SECTION 5. 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 GChair should ask the Recording Secretary to read from hisAier -the notes). A motion may not be withdrawn by the mover without the consent of the second and the approval of the Commission. SECTION 6. Motion by Chair. The GChair has the right to make or second motions, as does the Vice Chair in the absence of the Chair.-and; Mn hWheF ab6enG° •• ie, •The vVice- GChair +s -shall act+ag in the same capacity,;, he /she has the same right, using discretion and tact as to recognition of other members. SECTION 7. 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 3 -13 (8) to postpone indefinitely. These motions shall have precedence in the order indicated. SECTION 8. Decision. A decision made by the Commission is made by vote of the Commission on the motion to declare the decision of the Commission. SECTION 9. Motion to Approve or Deny. The vote is affirmative when a motion to approve the matter before the Commission is approved by the majority. In the event a motion to deny fails to carry, the eChair shall call for a motion to approve. SECTION 10. Tie Vote. In the event of a tie vote on a motion, the Commission shall be deemed to have made no decision, and the Minutes shall reflect the tie vote. SECTION 11. Amendment of By -Laws The By -11aws 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 proposed to be amended. Any amendments to the Bylaws shall be subject to approval of the Agency Board. SECTION 12 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 Commission present. SECTION 13. Order of Voting. When a motion has been made and seconded, the members of the Commission supporting the motion shall indicate their votes verbally or by a show of hands. SECTION 14. Motion to Reconsider. Any member who voted with a majority may move a reconsideration of any action at the same time (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 reconsideration thereof shall be made without unanimous consent. SECTION 15. Parliamentary Procedures. The current edition of Robert's Rules of Order Newly Revised shall be the authority on all questions of parliamentary procedure, unless in conflict with the Santa Ana Municipal Code, the laws of the State of California or these bylaws. 3 -14 SECTION 16. Any matters not addressed in these Bylaws shall be governed by the City Charter. 3 -15