HomeMy WebLinkAboutR10-Redevelopment Ageny
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AGENCY-REQuEST FOR CO_lSSION/COUNCL ACTION
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Glenda Saul, Executive Director
. AMENIltENT OF COMMUNITY DEVELOPMENT
SubJect: COMMISSION BY-LAWS TO SPECIFY ROLES
OF MAYOR PRO T~PORE AND VICE CHAIRMAN
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Redevelopment Agency
October 15, 1986
Date:
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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)
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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.
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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
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. CI,Q OF SAN BERNARDIO - REQUEOr FOR COUNCIL AC-QN
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October 6, 1986
October 9, 1986
October 10, 1986
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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
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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.
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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.
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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.
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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
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she may consider proper concerning the business, affairs and
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pOlicies of the Agency and Commission: provided, however, that
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procedures may be establed for placing such matters on the agenda
In the absence or disability of
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of the Agency and Commission.
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the Mayor, the Mayor Pro Tempore shall serve as Chairman,
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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:
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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)
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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,
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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
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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
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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.
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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.
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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
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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
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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
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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
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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.
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2. Approval of the minutes of the previous meeting.
3. Unfinished business.
4. New business.
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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
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unless at least seven days' written notice thereof has been
previously given to all of the members of the Commission.
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