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HomeMy WebLinkAbout1974-14 CRA . I '.', " ~ ~ ~ . ,~- RESOLUTION NO. 74-14 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, AMENDING ITS BY-LAWS BE IT RESOLVED by the Community Redevelopment Agency of the City of Santa Ana, California, as follows: 1. That the amended by-laws attached hereto and made a part hereof by reference be, and the same are hereby adopted, as and for the by-laws of the Community Redevelopment Agency of the City of Santa Ana, and that the Executive Director be, and he is hereby instructed, to certify said by-laws and cause the same to be filed and kept at 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. 1974. APPROVED AND ADOPTED this 18th day of September APPROVED AS TO LEGAL FORM: I hereby certify that the foregoing Resolution was duly adopted by the Community Redevelopment Agency of the City of Santa Ana, California, at its meeting held thereof, held on the 18th day of September, 1974, by the following vote, to wi~ AYES, Members: Griset, Yamamoto, Garthe, Patterson NOES, Members: Ward ABSENT, Members: Evans, Markel ATTEST: ~~~ Richard E. Goblirsch, Executive Director ~ () --..- .. . ...st l.Ll. c.... ~ ...... Florence I. Malone, Record~ng Secretary e~11 L{ð , . . "', ,,: :' :" , . SECTION 1. SECTION 2. SECTION 3. SECTION 1. SECTION 2. SECTION 3. c.A ~ ';l. . If COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA l\NA BY-LAWS ARTICLE I - THE AGENCY Name of Aqency. The name of the Agency shall be the community Redevelopment Agency of the City of Santa Ana. Seal of the Aqency. The seal of the Agency shall.be in the form of a circle and shall bear the name of the Agency and the year of its organization. Office of the Aqency. The office of the Agency shall be at the Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana. California, Room 831. 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 chairman 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 during the month of July in each calendar year co~nencing with the month of July, 1973, and shall take office effective the first day of August following each said election. Duties of the Chairman. The chairman shall preside at all meetings of the agency and shall sign all legal documents necessary to carry out the business of 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. Among.those documents the chairman shall sign are all the contracts, deeds and other instruments made by the Agency. ~f-ft ~ ~ . "I, e I SECTION 4. SECTION 5. SECTION 6. SECTION 7. SECTION 8. 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 such duties as are imposed on the chair- man until such time as the Agency shall elect a new chairman. Vacancy of Office. The Agency, in the event of a vacancy in 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 its 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 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 direction 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 accounts 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 Agency shall designate the Clerk of the Santa Ana City Council as the Recording Secretary of the Agency for the purpose of keeping the minutes of the meetings of the Agency, and who shall keep a record of its proceedings and transactions. She 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 -2- c (!ft.,tf ~ , . , "', . I SECTION 9. SECTION 1. SECTION 2. SECTION 3. 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. ARTICLE III - MEETINGS The Agency shall meet in Room 831 of the Santa Ana City Hall, 20 civic Center Plaza, Santa Ana, California, at 4:00 p.m., on the second Wednesday 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 designated 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 constitute 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 Redevelop- ment 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 Redevelop- ment Agency. . Order of Business. At the regular meeting of the Agency, the following will be the order of business: -3- eKI1-ij~ ", . . ':,' 1 SECTION SECTION SECTION l. 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 4. Resolutions. All resolutions shall be in writing and 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. 5. Continuances. A continuance may be requested by any- one, and the request may be either oral or in writing. At the discretion of the chairman, 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 Agency, 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. 6. Manner of Voting. The voting on formal resolutions, and matters relating to any federal, state, county, or city agency, and on such matters as may be requested by majority of the Agency 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 Agency, which election may be by ballot. -4- Clf f).4- ~ '. . '. , " " ~ : ~ :', . I 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 motions; there- after, the Agency shall consider matters brought before it by agenda prepared by the Executive Director for said meeting; and, final~ the Agency shall consider any matter not previously considered. As to each and every matter before the Agency, the chairm~n or person desig- nated by hiffi shall state the matter before the Agency. The Chairman shall the~ recognize all those parties speaking in favor of the matters, and shall thereafter recognize all part~es qpposed 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 chair- man 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 pro- ponents, 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 hereinafter provided. After close of the hearing. members of the Agency may publicly discuss the matter before them and mayæk questions of persons who have spoken before the Agency. The motion shall be made and seconded. Prior to vote, the motion may be discussed by members of the Agency. -5- (!~~,~ ,. . . '.. ' . ,~ '-, . , SECTION 4. SECTION 5. SECTION 6. SECTION 7. SECTION B. SECTION 9. Question of Personal Privile e. The right of a member 0 t e Agency to a ress 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 interupt another speaker if the chairman recognizes the "privilege". ~hPeal of Decision. Any decision or rulings of the c a1rman .nay 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 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 re- cognition of other members. Priority of Motion. When a motion is before the Agency, no mot1on 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 Agency is made by vote of the Agency on the motion to declare the decision of the Agency. Motion to Approve or Deny. The vote is affirmative when a mot10n to approve the matter before the Agency is approved by the majority hereinafter re- quired. In the event a motion to deny fails to carry, the chairman shall forthwith call for a motion to approve. . SECTION 11. Tie Vote. In the event of a tie vote on a motion, the Agency shall be deemed to have made no decision, and such alternative motions may be made until the Agency makes a decision. SECTION 10. -6- ¿{(Ii v¡J " . :..~'.> < -: . SECTION 12. SECTION 13. Abstentions. No member of the Agency shall abstain from any vote unless disqualified. 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 designa1.ed by the Agency, to the Santa Ana City Council, sâid Agency member shall not be disqualified from voting on any matter pertaining to said project area. If a mehtber of the Agency shall otherwise feel that he is disqualified from voting, he shall openly state the fac~ and-the nature of his disqualification, 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 quorum of the Agency. s~~f~:n~~~d:a-~~r;'Wi~~et~~-~;;~O~;lt~~ ~fe~~~st 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 noti=e thereof has been previously given to all members of the Agency. Such notice shall identify the section or sections of the By-Laws proposed to be amended. SECTION 14. Vote Required on Other Motions. The vote required to decide mot~ons in the affirmative shall be the vote of more than one-half of the members of the Agency present. . SECTION 15. , SECTION 16. Order of Voting. The maker of the motion should be called f~rst 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. ~o explanation of a vote), and votes shall be stated in order of roll call and may not be defer~ed until all other members have been polled. Motion To Reconsider. Any member who votes with the major~ty may move a reconsideration of any action at the same (or "have entered on the minutes" for vote at the next succeeding) 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 thereof shall be made without unanimous consent. SECTION 17. Posting. A copy of the By-Laws of the Community Redevelopment Agency shall be posted for public inBpection in the lobby of the Santa Ana City Hall at every regular meeting of the Commission. -7- cR ft ~A{) '. .:," - .' ;f" ~ ,,~;oo. ,:' '. . SECTION 18. '.' ....~'l Robert's Rules. All rules of order not herein provi~ed for shall be determined in accordance with Robert's Rules of Order. -8- I ¡LVi ~f<A ¿'1 I t,¡¡¡