Loading...
HomeMy WebLinkAbout1979-05 CRA - . . . RESOLUTION NO. 79-5 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 principal 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. APPROVED AND ADOPTED this 15th day of January , 1979. ~D~ <c)<é1 Çfìfê(~ Dav1d Brandt, Cha1 man APPROVED AS TO LEGAL FORM: /s;;( ~ Keith Gow,Agency Counsel I hereby certify that the foregoing Resolution was duly adopted by the Community Redevelopment Agency of the City of Santa Ana, California, at its Special meeting held thereof, on the 15th day of January, 1979, by the Following vote, to wit: AYES, Members: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto Members: None NOES, ABSENT, Members: None ATTEST: Y2?~ Richard E. Goblirsch, Executive Director ~, SA . '8 .. 8 , . , ' , . SECTION 1. SECTION 2. SECTION 3. SEc'rrON 1. SECTION 2. SECTION 3. c: /\ \'. : I I/j¡( J\tUI5'i:b - (~CL~ e.- '3) ~ c<. hL<-Ct/'-j I S¡ I ~ 1')) II PP!:out D COl>Il'lUNITY REDEVEWPMENT AGENCY OF' THE CITY OF SANTA ANA BY-LM'1S AR'l'ICLE I - THE AGENCY Nãme of Agency. The name of the Agency shall be the Community Redevelopment Agency of the city of Santa Ana. Seal of the Agency. 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. Q,ffic:c of the Agency. The office of the Þ.gency sh<:.ll be at the Santa Ana city Hall, 20 Civic Center plazil, Santa Ana, California, Room 831. ARTICLE II - OFFICERS Officers. The offir:ers of the Agency shall be a chairman, a vice-chairman, an E>:ecutive Director, and a recording secretary. Selection of Officers and Term:,. The chairman ami vice=clïiiirmã"i1of the con~l1unityr{Cdcvclop:nent l~gency shall be elect.cd at its first meeting. The chairl¡:¡¡n and v5.ce-chairman of the Agency shall thereafter !K; elected during the month of July in each calendar yðar co:runend ng "lith the month of J.uly, 1973, and shi\l1 t¡,): C! office effective the fir:,t day of August follm':in:¡ each said election. Dutic;'--.£Uhc_Ch'!.irm<:Ð.' The chairm;:.n shall presid" at all meet.ing:; of the il9cncy and shall sign all legal documents ncccr;!';;:),):y to caJ:ry out the business of Lhc agency. At e¡1ch ..1eetint the chairm;:¡n sh" 11 subrn.l tc 13lI::h reccln:11(.;r.d;:¡tioru; ¡md ;nformation ¡,:.; he milY C".onsidc:: pre per concerning the busincr;s. ilffair~, <tnd poJicics of the Agency. Amonr) thor;e documents the ch:]],Tlniln s11.111 sign arc ull tho con truct::, -dtU2ds and other iJistrumcllts made by thc Agency. . . . . SECTION 4. SECTION 5. SECTION 6. SECTION 7. SECTION B. 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 sùch 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 oth!:!rwise 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 accou~t! 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- . 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 (includ- ing 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 the Council Chambers of the Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, California, at 2:00 P.M., on the third Monday 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 adjourn~d to a stated day and hour. Notice of such adjourned meet- ing 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. Order of Business. At the regular meeting of the Agency, the following w111 be the orde~ of business: -3- . , . . SECTION SECTION SECTION 1. 2. 3. 4. 5. 6. 7. B. 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- .. , . . SECT,ION 1. SECTION 2. SECTION 3. ARTICLE IV. CONDUCT OF HEARINGS Matters to be Considered. The Agency shall con5ider matters brought before it on its own motions; there- after, the Agency shall consider matters brought before it by agenda prepared by the Exec~tive Director for said meeting; and, finalÌ~ the Agency shall consider any matter not previously considered. As to each and every matter before the Agency, the chairm'1n or perGon desig- nated by hiu. 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.ies qpposed thereto. .rime Limit To Address Agency. No person addressing the Agency shall speak møre 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 n~"e and address prior to speaking. An Agency member may not speak more than three (3) minutes on anyone subject, and mûy not speak again until all other Agency members who wish to be heard have spoken, and no Agency member shall speak more thantwic:e 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 CoITununity Redevelopment Agency of the City of Santa Ana, speaking before the Agency in his official capacity. ' Closinq the Heali!!9:. After all speakers have been heard, the chairman shall declare the hearing closed. A closed hearing mùY be rc-opcned only on motion and vote as hereinafter provided. Aftcr close of the hearing, member5 of tho Agency may publicly discuss the matter before them and mùyæk questions of persons who have spo};en before the Agcncy. The motion shall be roach and ¡;econded. Pr ior to vote, the mot ion may be discussed by members of the Agcncy. -5- " . SECTION 4. , SECTION 5. SEC'l'ION 6. SECTION 7. . SECTION B. SECTION 9. SECTION 10. Question of Personal Privile e. The right of a member 0 t e 1\.gency 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 wherè welfare of the Agency is concerned. The member may interupt another speaker if the chairman recognizes the "privilege". Appeal of Decision. Any decision or rulings of the chairman ..,ay'"'EëãPpealed to the Agency by request of any member. The-chairman shall eall 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 secre~ary to read from her notes). A motion may not be withdrav:n 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 mot10n 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. 'l'hese motions shall have precedence in the order indicated. Decision. A deeision made by the Agency is made by vote of the Agency on the motion to declare thc 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 fo): a motion to approve. SEC'fION 11. Tie Vote. In the event of a tie vote on a motion, the Agency shall be deelned to have ¡Hade no decision, and such ill tel'na ti ve motion¡; may hI:< I\lade until the ^'Jl'nc:y \\a)~cs a deci 510n. . -6- , '. . , . . SECTION 12. SECTION 13. Abstentions. No member of the Agency shall abstain-Irõm any vote unlesz disqualified. If a member of the Agency shall have made a .written , disclosure of direct or indirect financial interest in any property included \åthin a project area designa',ed by the Agency, to the Santa Ana City Council, said Agency mc,-nber shall not be disqualified from voting on any matter pertaining to said project area. If ä me..,ber of the Agency shall other\dse feel that he is disqualified from voting, he shall openly state the fact 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. Arnendm:-nt of ßy-Lal-ls. The By-Laws of the Agency shall be amended o:lly with the approval of at least four (4) members of the Ilgcncy at a regular or special meeting, but no such amendment shall be adopted unless at least seven (7) days writ1:en noti:e thereof has been previously given to all members of the Agency. Such notice shall identify the s'ection or sections of the By-Laws proposed to be amended. SECTION 14. Vote Required on Other Mot;,ons. The vote required to decid<:: mot~ons ~n the affirmative shall be the vote of more than one-half of the members of the }I.gency present. . SECTION 15. SECTION 16. Order of Voting. The maker of the motion should be called 1~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. no explanation of a vote), and votes sh:lll be stated in order of roll call and nlay not be ùefer.red until all other ffiembers have been polled. Motion To Reconsider. Any member who votes \.,5 th th(~ major1tÿ may move a reconzideration of any action iJt the same (or "have entered on the minutes" for vote at the next succeeding) meeting, provided no lr"pl rights have intervened to create an estoppel. Jl.ftc~ a motion for reconsideration has once been acted on, no other motion for a reconsideration thereof r.haJl be made I-lithout unanimous consent. 'SEC'l'ION 17. l>osti!:lJI.' A copy of the By-Laws of t:he ColmnulI.ity Rc:jevelopment 1I.gency shall ot, po::¡ted for pull] u: in:¡pcct,ion in the .lobby of the Santa Jl.na CH:y 110111 at every regular l11~etillY of the CommÜ.sion. -7- t""'"' " . t ..... . . ". '.. . 'c', c-, SECTION 18. , ,\ ,0. , Robert's Rules. All rules of order not herein provided for shall be determined in accordance with Robert's Rules of Order. -8-