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HomeMy WebLinkAboutR10-Redevelopment Ageny II ..b. o 000 AGENCY-REQuEST FOR CO_lSSION/COUNCL ACTION R Glenda Saul, Executive Director . AMENIltENT OF COMMUNITY DEVELOPMENT SubJect: COMMISSION BY-LAWS TO SPECIFY ROLES OF MAYOR PRO T~PORE AND VICE CHAIRMAN I"'fm. ~Pt: Redevelopment Agency October 15, 1986 Date: L Synopsis of Previous Commission/Council action: Resolution No. 3677 of the Redevelopment Agency of the City of San Bernardino, dated July 5, 1978, adopting Bylaws for the Redevelopment Agency of the City of San Bernardino. Resolution No. 4725 of the Community Development Commission, dated February 4, 1985, adopting Revised Bylaws of the Community Development Commission of the City of San Bernardino and of the Redevelopment Agency of the City of San Bernardino. Recommended motion: (Community DevelOpllellt Comaiss1on) o MOVE TO ADOPT RESOIDTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AMENDING BY-LAWS OF THE COMMUNITY DEVELOPMENT COMMISSION TO SPECIFY THE ROLES OF THE MAYOR PRO TEMPORE AND THE VICE-CHAIRMAN UNDE$R STATE LAW AND THE CITY CHARTER. ~~,JJ Signature Glenda Saul Contect person: YES Phone: 383-5081 Supporting date attached: N/A Wlrd: FUNDING REQUIREMENTS: Amount: $ Project: October 20, 1986 Dlte: No advsrse Impact on City: OCiI Notes: 2436K/lN 10/20/86 'h_~_ .~___ .._ -dJ;:1) (j) . CI,Q OF SAN BERNARDIO - REQUEOr FOR COUNCIL AC-QN o October 6, 1986 October 9, 1986 October 10, 1986 o o 75-0264 STAFF REPORT Commission requested that city attorney and staff research and report back with a clear definition as to the specific roles of the Mayor, Mayor Pro Tempore and Chairman, Vice-Chairman. Referred item to Redevelopment Committee for review and reco_endation. Redevelopment Co_ittee reviewed matter on October 9, 1986, and requested that attorney's office prepare necessary amendments to bylaws to clear up any inconsistencies regarding the bylaws and state law. The staff was requested to prepare the item for the Co_ission's review on October 20, 1986 agenda. Notice of Intention to Amend the Bylaws of the Co_unity Development Co_ission and the Redevelopment Agency of the City of San Bernardino, as reco_ended by the Redevelopment Committee, was prepared and served as required by law. A copy is attached hereto. 2436K/Lv 10/20/86 o o o o ill IiliL - o - o o NOTICE OF INTENTION TO AMENDMENT THE BY-LAWS OF THE COMMUNITY DEVELOPMENT COMMISSION AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS RECOMMENDED BY THE REDEVELOPMENT COMMITTEE. . NOTICE is hereby given that a Resolution will be presented at the Regular Meeting to be held October 20, 1986, at 11:00 a.m., for your consideration for the adoption of said Resolution, which amends Sections 2 and 3 of the By-Laws of the Community Development Commission and the Redevelopment Agency of the City of San Bernardino, California. .....~~~I Glenda Saul, Secretary DATED this 10th Day of October, 1986. o o o o u __ o o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2] RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AMENDING BY-LAWS OF THE COMMUNITY DEVELOPMENT COMMISSION TO SPECIFY THE ROLES OPTHB MAYOR PRO TEMPORE AND THE VICE-CHAIRMAN UNDER STATE LAW AND THE CITY CHARTER. L BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. SECTION 1. Article II, Section 2 of the By-Laws of the Community Development Commission of the City of San Bernardino is amended to read as follows: .Section 2. Chairman. The Mayor of the City of San Bernardino shall be the Chairman, pursuant to Section 33200 and Section 34120 of the California Health and Safety Code, and shall have powers and authority as set forth and provided in said Sections 334200 and 34120. The Chairman shall be a member of the Commission and shall preside at all meetings of the Agency and Commission. However, the Chairman shall have no vote, no power to make or second motions, and no veto powers. Except as otherwise authorized by resolution of the Agency and Commission, the Chairman shall sign all contracts, deeds and other instruments made by the Agency, after approval of such contracts, deeds and other instruments by the majority of the Commission. At each meeting the Chairman, any Commission member or staff 22 member may submit such recommendations and information that he or ~ she may consider proper concerning the business, affairs and 24 pOlicies of the Agency and Commission: provided, however, that ~ procedures may be establed for placing such matters on the agenda In the absence or disability of 26 of the Agency and Commission. 27 28 the Mayor, the Mayor Pro Tempore shall serve as Chairman, o o o o - o o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 pursuant to City Charter Section 36 and California Health and Community Development Commission of the City of San Bernardino-is amended to read as follows: .Section 3. Vice-Chairman. The Vice-Chairman shall perform such duties as the Chairman may from time to time direct." SECTION 3. In all other respects, the By-Laws adopted by the Community Development Commission on February 4, 1985, shall remain in full force and effect. A copy of the By-Laws, as revised by this resolution, is annexed hereto as Exhibit "A" and incorporated herein by reference. Dated: Approved as to form: AGENCY COUNSEL By Allen R. Briggs The foregoing resolution was duly adopted by the following vote, to wit: AYES: Members NAYS: . ABSENT or ABSTAIN: 2 o o o o o BY-LAWS OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AND OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA (REVISED AS OF OCTOBER 20, 1986) o o -1- o o o o o o o ARTICLE I - THE COMMISSION AND AGENCY Section 1. Name of Aaencv. The name of the Agency shall be the wRedevelopment Agency of the City of San Bernardino, L California., in accordance with City Council Resolution No. 2361. Section 2. Aaencv. The Agency shall consist of the Mayor and Common Council of the City of San Bernardino, who shall collectively also constitute the Community Development Commission of the City of San Bernardino (hereinafter .CommissionW) shall be the governing body of the Agency. Section 3. Seal of Aaencv. 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. Section 4. Office of the Aaencv. The office of the Agency shall be at such place in the City of San Bernardino, California, as the Commission may from time to time designate by resolution. ARTICLE II - OFFICERS Section 1. Officers. The officers of the Commission and of the Agency shall be a Chairman, a Vice-Chairman, a Secretary, who shall also be the Executive Director, and an Assistant Secretary. Section 2. Chairman. The Mayor of the City of San Bernardino shall be the Chairman, pursuant to Section 33200 and Section 34120 of the California Health and Safety Code, and shall have powers and authority as set forth and provided in said Sections 334200 and 34120. The Chairman shall be a -2- o o o o o o o member of the Commission and shall preside at all meetings of the Agency and Commission. However, the Chairman shall have no vote, no power to make or second motions, and no veto c powers. Except as otherwise authorized by resolution of the Agency and Commission, the Chairman shall sign all contracts, deeds and other instruments made by the Agency, after approval of such contracts, deeds and other instruments by the majority of the Commission. At each meeting the Chairman, any Commission member or staff member may submit such recommendations and information that he or she may consider proper concerning the business, affairs and policies of the Agency and Commission; provided, however, that procedures may be established for placing such matters on the agenda of the Agency and Commission. In the absence or disability of the Mayor, the Mayor Pro Tempore shall serve as Chairman, pursuant to City Charter Section 36 and California Health and Safety Code Section 34120. In so serving, the Mayor Pro Tempore shall not lose his or her vote as a voting member of the Commission. Section 3. Vice-Chairman. The Vice-Chairman shall perform such duties as the Chairman may from time to time direct. Section 4. Secretarv. The Secretary shall be the Executive Director of the Agency, and, as Executive Director, shall have general supervision over the administration of its business and affairs, subject to the direction of the Commission. -3- ~ o o o o o The Secretary shall keep the records of the Agency and of the Commission, shall act as secretary of the meetings of the Agency and Commission, and record all votes, and sha~l keep a record of the proceedings of the Agency and Commission in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to the office. The Secretary shall keep in safe custody the seal of the Agency and shall have power to affix such seal to all contracts and instruments authorized to be executed by the Agency. The Secretary shall also be the Treasurer of the Agency. The Treasurer shall 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 Commission may select. The Treasurer shall sign all orders and checks for the payment of money and shall payout and disburse such moneys under the direction of the Commission. Except as otherwise authorized by resolution of the Commission, all such orders and checks shall be countersigned as authorized by resolution of the Commission. The Treasurer shall keep regular books of accounts showing receipts and expenditures and shall render to the Commission, upon re2quest, an account of all transactions and also of the financial condition of the Agency. The Treasurer shall give such bond for the faithful performance of duties as the Commission may determine. The Secretary, as the Executive Director, shall forthwith notify the Chairman and Vice-Chairman , and all members of the Commission, when any offer to purchase Agency-owned land is received. o o -4- o o o o o o o The compensation of the Secretary shall be determined by the Commission provided that a temporary appointee selected from among the members of the Commission shall serve without . compensation (other than the payment of necessary expenses). Section 5. Assistant Secretarv. The Deputy Director of the Agency shall serve as the Assistant Secretary, and shall perform the duties of the Secretary in the absence or incapacity of the Secretary. In the case of a vacancy in the position of Secretary, the Assistant Secretary shall perform such duties as are imposed upon the Secretary until such time as the Commission shall select a new Secretary. Section 6. Additional Duties. The officers of the Agency and 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 and regulations of the Agency. Section 7. Election or ADDointment. The Vice-Chairman shall be elected at the annual meeting of the Agency and Commission from among the members of the Commission, and shall hold office for one year or until a successor in elected and qualified; provided, however, that the term as Vice-Chairman shall end at any time the Vice-Chairman ceases to be a member of the Common Council of the City of San Bernardino. The Secretary and Assistant Secretary shall be appointed by the Commission. Any person appointed to fill the office of Secretary or Assistant Secretary, or any vacancy therein, shall have such term as the Commission fixes, but no member of -5- o o o o o the Commission shall be eligible to this office except as a temporary appointee. Section 8. Vacancies. Should the office of Vice- Chairman become vacant, the Commission shall elect a'successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. When the office of the Secretary becomes vacant, the Commission shall appoint a successor as provided in Section 7 of this Article. Section 9. Additional Personnel. The Commission may fr~m time to time employ such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by the California 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 Secretary) shall be determined by the Commission subject to the laws of the State of California. ARTICLE III - MEETINGS Section 1. Annual Meetina. The annual meeting of the Agency and Commission shall be held, without special notice, at the time and place of the first regular meeting of the Agency and Commission in July of each year. Section 2. Reaular Meetinas. Regular meetings shall be held without official notice at such time and place as may from time to time be determined by resolution of the Commission. In the event a day scheduled for a regular meeting shall be a legal holiday, said meeting shall be held o o ~ -6- o o o o - . - o o o on the next succeeding secular day, or such other day as the Commission may establish in advance. Section 3. Soecial Meetinas. The method and manner of L the calling of Special Meetings shall be governed by the provisions of California Government Code Sections 54956 and 54956.5. Section 4. Adiournment. The method and manner of adjournment of any regular or adjourned regular meeting, special or adjourned special meeting, shall be governed by the provisions of California Government Code Section 54955. Section 5. Continuance of Hearinas. The method and manner of the continuance of hearings being held or noticed or ordered to be held by the Commission shall be governed by the provisions of California Government Code Section 54955.1. Section 6. Quorum. Four voting members of the Commission shall constitute a quorum for the purpose of conducting its business and exercising its powers and all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. In the absence of any members, the Secretary may adjourn a meeting to another time or date. Action may be taken by the Commission upon a vote of a majority of all voting members of the Commission. Section 7. Order of Business. At the regular meetings of the Commission the following shall be the order of business: 1. Roll call, which may be dispensed with if the Secretary records those members present and absent. -7- ~ o o o o o 2. Approval of the minutes of the previous meeting. 3. Unfinished business. 4. New business. . o 5. Adjournment. All resolutions shall be in writing and shall be included in a journal of the proceedings of the Agency and Commission. Section 8. Manner of Votinq. The voting on motions and resolutions shall be by ayes and noes or electronic voting recording the votes of each member, unless roll call vote is called for by any member of the Commission. The ayes and noes and the members present and not voting shall be entered upon the minutes of each meeting. Section 9. Roberts Rules. All rules of order not herein provided for shall be determined in accordance with Roberts Rules of Order Revised. Section 10. RedeveloDment Committee Established. The Commission shall establish a standing committee to be known as the Redevelopment Committee, which shall be assigned primary responsibility for coordinating between Agency staff and the Commission on matters relating to personnel, budget, policies and procedures and on any other matters which the Commission may refer to such committee. ARTICLE IV - AMENDMENTS Section 1. Amendments to Bv-Laws. The by-laws of the Agency and Commission shall be amended only with the approval of the majority of the Commission members at a regular meeting or special meeting, but no such amendment shall be adopted o -8- o o o o . 1 o o unless at least seven days' written notice thereof has been previously given to all of the members of the Commission. . -9- o