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HomeMy WebLinkAboutRDA AG PKT 2003-09-22 #B City of Seal Beach 0 Agenda Report 2 ' 4 Date: September 22, 2003 To: Honorable Chairman and Agency Board From: John B. Bahorski Executive Directo Subject: Revisions to the Seal Beach Redevelopment Agency By -Laws SUMMARY OF REQUEST: At the last Agency Board meeting, Board Member Antos raised concerns about the Agency By -Laws. Staff has investigated his concerns, and is proposing several corrections to the By -Laws to bring them into consistency with State law. Staff is requesting the Agency Board to adopt the attached resolution. BACKGROUND: The Agency staff and attorney have reviewed the existing By -Laws that were amended in August 21, 1989. During the review of the By -Laws, it was determined that changes were needed to make the document consistent with State law and practices of the Agency. The proposed changes are predominately in Article III of the By -Laws that relate to agency meetings, noticing and the order of business. Staff has provided a copy of the By -Laws as amended in 1989 (Attachment A) for the Board's review. In addition, staff has provided the Board with the proposed changes that will update the By -Laws. The following is a summary of the major changes to the By- Laws as recommended by agency staff. Article II Section 3. and 4. ChairmanNice Chairman — Added language to increase the flexibility of when the Chairman and Vice Chairman are selected. Staff is concerned that a firm date could put the agency out of compliance with the By -Laws. Article II Section 6. Executive Director — Staff has eliminated the language requirement to account for transactions at the Agency meeting. The practice has been for some time to report transactions as part of the regular City Council warrant report. This was done to reduce paper work and staff time spent on this task. RDA Item B September 22, 2003 Revisions to the Seal Beach Redevelopment Agency By -Laws Page 2 Article III Section 1. Annual Meeting — Staff is recommending deleting this existing section and combining the requirement of an annual meeting into the section titled regular meetings. It is unclear why there is a distinction between an annual meeting and regular meeting. Staff retained the requirement to conduct at least one meeting per fiscal year, since there is a need to select a Chairman and Vice Chairman. Article III Section 2. Regular Meetings — This section has been renumbered to Section 1. Staff has also deleted "without official notice" since that is not consistent with the Ralph M. Brown Act. The following language has been added, " The Agency shall conduct at least one meeting per fiscal year." This language will satisfy the intent of conducting an annual meeting without the burden of holding an additional meeting during the year. Article III Section 3. Special Meetings - The special meetings section has been renumbered to Section 2. Upon review, the existing language was not consistent with the Brown Act; therefore, the entire section has been deleted and replaced with a straightforward statement that special meetings shall be held in compliance with the Ralph M. Brown Act. Article III Section 4. Quorum — This section has been renumbered to Section 3. The proposed language change includes new language that changes the voting requirement from an affirmative vote by three members of the agency to an affirmative vote by a majority of the quorum. Article III Section 4. Resolutions — This section has been added to designate that all resolutions be in writing and designated by number. Article III Section 5. Order of Business — Staff is recommending deleting this section in its entirety, since current practice it is not followed, and the order of business is not necessary. The Brown Act specifically outlines how oral communications are to be handled at meetings; therefore this section is not needed. Article III Section 7. Roberts Rules of Order - The City Council does not follow Roberts Rules of Order, so in order to be consistent, staff is recommending deleting this section. These changes will update the By -Laws of the Redevelopment Agency thereby making them consistent with State law and current practices of the Agency. September 22, 2003 Revisions to the Seal Beach Redevelopment Agency By -Laws Page 3 FISCAL IMPACT: There is no fiscal impact to the Agency resulting from changing the By -Laws. RECOMMENDATION: Staff recommends approval of the proposed changes to the By -Laws. SUPPORTING DOCUMENTS: A) Seal Beach Redevelopment Agency By -Laws (existing) B) Seal Beach Redevelopment Agency By -Laws (proposed) C) Resolution Adopting Amended By -Laws for Seal Beach Redevelopment Agency Seal Beach Redevelopment Agency By -Laws 1111 ARTICLE III Meetings SECTION 1. Regular Meetings. Regular meetings shall be held on the fourth Monday of each month at 6:45 p.m., in the City Council Chambers, 211 — 8 Street, Seal Beach, California. In the event such fourth Monday shall fall on a legal holiday, the meeting shall be held on the next succeeding day at 6:45 p.m. The Agency shall conduct at least one meeting per fiscal year. (Res. No. 89-4; Res. No. ) ®9 , L i. SECTION 2. Special Meetings. Special meetings shall be held in compliance with the Ralph M. Brown Act. (Res. No. 71 -16; Res. No. ) eo 5 P /4 t f SECTION 3. Quorum. The powers of the Agency shall be vested in the members thereof in office from time to time. Three members shall constitute a quorum for the purpose of conducting its business and exercising its powers and or all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. Unless otherwise required by applicable law, an affirmative vote by_avn ajoiity= ef= the=qu V.A. o (Res. No. 71 -16; R- e_ III SECTION 4. R esolutions. All reso IOW's shall be in writing and designated by number, reference to which shall be inscribed in the minutes and an approved copy filed in the official book of resolutions of the Agency. (Res. No. 71 -16). SECTION 5. Manner of Voting. The voting on formal resolutions, matters relating to any federal, state, county, or city agency, and such other matters, shall be by roll call, the ayes and noes and members present not voting shall be entered into the minutes of such meeting. (Res. No. 71 -16; Res. No. ). 6 5 - 1-/- ARTICLE IV Amendments SECTION 1. Amendments By -Laws. The By -Laws of the Agency shall be amended only with the approval of at least three members of the Agency at a regular or special meeting, but no such amendment shall be adopted unless at least three days written notice thereof has been previously given to all members of the Agency. Such notice shall identify the section or sections of the By -Laws IIII proposed to be amended. (Res. No. 71 -16). Attachment A SEAL BEACH REDEVELOMENT AGENCY BY -LAWS Adopted July 3, 1967 Amended July 7, 1969 November 23, 1970 July 26, 1971 November 15, 1971 February 26, 1973 September 22, 1975 January 26, 1976 August 8, 1977 October 24, 1978 May 11, 1981 December 13, 1982 August 21, 1989 Seal Beach Redevelopment Agency By -Laws SEAL BEACH REDEVELOPMENT AGENCY BY -LAWS • ARTICLE I The Agency , SECTION 1. Name of Agency. The name of the Agency shall be the Redevelopment Agency of the City of Seal Beach in accordance with regulations of Ordinance Number 708. (Res. No. 71 -16). SECTION 2. Seal of Agency. The Seal of the Agency shall be in the form of a circle and shall have the following words thereon: "Redevelopment Agency of the City of Seal Beach, 1967, Agency Seal." (Res. No. 71 -16). SECTION 3. Office of Agency. The office of the Agency shall be at the Seal Beach Administration Building, 211 — 8 Street, Seal Beach, California 90740, or such place in the City of Seal Beach, California, as the Agency may from time to time designate. (Res. No. 71 -16) - Seal Beach Redevelopment Agency By -Laws ARTICLE II , Officers and Directors SECTION 1. Board of Directors. The members of the City Council of the City of Seal Beach shall constitute the Board of Directors of the Agency. (Res. No. 71 -16) SECTION 2. Officers. The officers of the Agency shall be a Chairman, a Vice Chairman, a Secretary, Executive Director, and Legal Counsel. (Res. No. 71 -16) SECTION 3. Chairman. The Chairman shall be selected at the last meeting in May of each year by the members of the Agency. The Chairman shall preside at all meetings of the Agency. The Chairman shall sign all resolutions and approved minutes of the Agency meetings. 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. (Res. No. 81-4). SECTION 4. Vice Chairman. The Vice Chairman shall be selected at the last meeting in May of each year by the members of the Agency. The Vice Chairman shall perform the duties of the Chairman in the absence or incapacity of the Chairman; and in case of the resignation or death of the Chairman, the Vice Chairman shall perform such duties as are imposed on the Chairman until such time as the Agency shall elect a new Chairman. (Res. No. 81 -4) SECTION 5. Secretary. The City Clerk of the City of Seal Beach shall be the Secretary of the Agency. The Secretary shall keep the records of the Agency, shall act as Secretary of the meetings of the Agency and record all votes, and shall keep a record of the proceedings of the Agency in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to this office. The City Clerk shall keep in safe custody the seal of the Agency and shall have the power to affix such seal to all contracts and instruments authorized to be executed by the Agency. (Res. No. 77 -8). SECTION 6. Executive Director. The City Manager of the City of Seal Beach shall be the Executive Director of the Agency, and, as Executive Director, he shall have general supervision over the administration of the Agency's business and affairs, subject to the direction of the Agency. The Executive Director or his designees shall also have the care and custody of all funds of the Agency and shall deposit the same in such bank or banks as the Agency may select. He or his designees shall sign all orders and checks for the payment of money and shall pay out and disburse such moneys under the direction of the Agency. The Executive Director or his designees shall keep regular books of accounts showing receipts and expenditures and shall render to the Agency at each regular meeting, an account of his or his designees' transactions and also of the Seal Beach Redevelopment Agency By -Laws financial conditions of the Agency. He or his designees shall give such bond for the faithful performance of his or his designees' duties as the Agency may determine. (Res. No. 76 -2) SECTION 7. Legal Counsel. Legal Counsel shall be selected by the Agency. He shall advise the Agency and the officers of the Agency on all legal matters referred to him and shall perform such other legal duties as may from time to time be assigned to him by the Agency and /or Executive Director. (Res. No. 71- 16). SECTION 8. Additional Duties. The officers of the Agency shall perform such other duties and functions as may from time to time be required by the Agency or by the By -Laws or rules and regulations of the Agency. (Res. No. 71 -16). SECTION 9. Additional Personnel and Other Service Contracts. The Agency may from time to time employ such personnel or contract with the general city government of the City of Seal Beach as it deems necessary to exercise its powers, duties, and functions as prescribed by the Community Redevelopment law, as amended, of the State of California and all other laws of the State of California applicable thereto. The selection and compensation of such personnel shall be determined by the Executive Director in accordance with personnel rules and regulations established by the Agency and subject to the laws of the State of California, provided that each member of the Agency shall receive the sum of Thirty Dollars ($30.00) for each meeting of the Agency, and that said compensation shall not exceed One Hundred and Twenty Dollars ($120.00) per month. (Res. No. 82 -16). Seal Beach Redevelopment Agency By -Laws • . ARTICLE III Meetings SECTION 1. Annual Meeting. The annual meeting of the Agency shall be held on the fourth Monday of May at 6:45 p.m., in City Council Chambers, 211 — 8 Street, Seal Beach, California. In the event such fourth Monday shall fall on a legal holiday, the annual meeting shall be held on the next succeeding day at 6:45 p.m. (Res. No. 89 -4) • SECTION 2. Regular Meetings. Regular meetings shall be held without official notice on the fourth Monday of each month at 6:45 p.m., in the City Council Chambers, 211 — 8 Street, Seal Beach, California. In the event such fourth Monday shall fall on a legal holiday, the meeting shall be held on the next succeeding day at 6:45 p.m. (Res. No. 89 -4) SECTION 3. Special Meetings. The Chairman or the Secretary of the Agency may, when he deems it expedient, shall, upon the written request of two members of the Agency, call a special meeting of the Agency for the purpose of transacting any business designated in the call. The call for a special meeting - may be delivered to each member of the Agency at least two days prior to the date of such special meeting. At such special meeting no business shall be considered other than as designated in the call. (Res. No. 71 -16). SECTION 4. Quorum. The powers of the Agency shall be vested in the members thereof in office from time to time. Three 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. An affirmative vote by three members of the Agency shall be required for any action by the Agency. (Res. No. 71 -16). SECTION 5. Order of Business. At the regular meetings of the Agency, the following shall be the order of business: 1. Call to Order. 2. Pledge of Allegiance. 3. Roll Call. 4. Approval of minutes of Previous Meeting. 5. Report of Executive Director. 6. Unfinished Business. 7. New Business. 8. Oral Communications. 9. Adjournment. - Seal Beach Redevelopment Agency By -Laws All resolutions shall be in writing and designated by number, reference to which shall be inscribed in the minutes and an approved copy filed in the official book of resolutions of the Agency. (Res. No. 71 -16). SECTION 6. Manner of Voting. The voting on formal resolutions, matters to any federal, state, county, or city agency, and on such other matters, shall be by roll call, and the ayes and noes and members present not voting shall be entered upon the minutes of such meeting. (Res. No. 71 -16). SECTION 7. Roberts Rules. All rules of order not herein provided for shall be determined in accordance with "Roberts Rules of Order". (Res. No. 71 -16). ARTICLE IV Amendments SECTION 1. Amendments By -Laws. The By -Laws of the Agency shall be amended only with the approval of at least three members of the Agency at a regular or special meeting, but no such amendment shall be adopted unless at least three days written notice 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. (Res. No. 71 -16). 7 Attachment B Seal Beach Redevelopment Agency By -Laws SEAL BEACH REDEVELOPMENT AGENCY BY -LAWS ARTICLE I The Agency SECTION 1. Name of Agency. The name of the Agency shall be the Redevelopment Agency of the City of Seal Beach in accordance with regulations of Ordinance Number 708. (Res. No. 71 -16). SECTION 2. Seal of Agency. The Seal of the Agency shall be in the form of a circle and shall have the following words thereon: "Redevelopment Agency of the City of Seal Beach, 1967, Agency Seal." (Res. No. 71 -16). SECTION 3. Office of Agency. The office of the Agency shall be at the Seal Beach Administration Building, 211 — 8 th Street, Seal Beach, California 90740, or such place in the City of Seal Beach, California, as the Agency may from time to time designate. (Res. No. 71 -16) Seal Beach Redevelopment Agency By -Laws ARTICLE II Officers and Directors SECTION 1. Board of Directors. The members of the City Council of the City of Seal Beach shall constitute the Board of Directors of the Agency. (Res. No. 71 -16) SECTION 2. Officers. The officers of the Agency shall be a Chairman, a Vice Chairman, a Secretary, Executive Director, and Legal Counsel. (Res. No. 71 -16; Res. No. ) SECTION 3. Chairman. The Chairman shall be selected at the last meeting in May of each year, or as soon thereafter as practicable, by the members of the Agency. The Chairman shall preside at all meetings of the Agency. The Chairman shall sign all resolutions and approved minutes of the Agency meetings. (Res. No. 81 -4; Res. No. ). SECTION 4. Vice Chairman. The Vice Chairman shall be selected at the last meeting in May of each year, or as soon thereafter as practicable, by the members of the Agency. The Vice Chairman shall perform the duties of the Chairman in the absence or incapacity of the Chairman; and in case of the resignation or death of the Chairman, the Vice Chairman shall perform such duties as are imposed on the Chairman until such time as the Agency shall elect a new Chairman. (Res. No. 81-4, Res. No. ). SECTION 5. Secretary. The City Clerk of the City of Seal Beach shall be the Secretary of the Agency. The Secretary shall keep the records of the Agency, shall act as Secretary of the meetings of the Agency and record all votes, and shall keep a record of the proceedings of the Agency in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to this office. The City Clerk shall keep in safe custody the seal of the Agency and shall have the power to affix such seal to all contracts and instruments authorized to be executed by the Agency. (Res. No. 77 -8). SECTION 6. Executive Director. The City Manager of the City of Seal Beach shall be the Executive Director of the Agency. The Executive Director shall have general supervision over the administration of the Agency's business and affairs, subject to the direction of the Agency. The Executive Director or designees shall also have the care and custody of all funds of the Agency and shall deposit the same in such bank or banks as the Agency may select. The Executive Director or designees shall sign all orders and checks for the payment of money and shall pay out and disburse such moneys under the direction of the Agency. The Executive Director or designees shall keep regular books of accounts showing receipts and expenditures and the financial conditions of the Agency. The Seal Beach Redevelopment Agency By -Laws Executive Director shall provide a bond for the faithful performance of duties as the Agency may determine. (Res. No. 76 -2; Res. No. ). SECTION 7. Legal Counsel. Legal Counsel shall be selected by the Agency and shall advise the Agency and the officers of the Agency on all legal matters and shall perform such other legal duties as may from time to time be assigned by the Agency and /or Executive Director. (Res. No. 71 -16; Res. No. ). SECTION 8. Additional Duties. The officers of the Agency shall perform such other duties and functions as may from time to time be required by the Agency or by the By -Laws or rules and regulations of the Agency. (Res. No. 71 -16). SECTION 9. Additional Personnel and Other Service Contracts. The Agency may from time to time employ such personnel or contract with the general city government of the City of Seal Beach as it deems necessary to exercise its powers, duties, and functions as prescribed by the Community Redevelopment law, as amended, of the State of California and all other laws of the State of California applicable thereto. The selection and compensation of such personnel shall be determined by the Executive Director in accordance with personnel rules and regulations established by the Agency and subject to the laws of the State of California, provided that each member of the Agency shall receive the sum of Thirty Dollars ($30.00) for each meeting of the Agency, and that said compensation shall not exceed One Hundred and Twenty Dollars ($120.00) per month. The Agency hereby adopts the Personnel Rules adopted by the City of Seal Beach, and such Rules shall apply, where applicable, to Agency personnel. (Res. No. 82 -16, Res. No. ). Seal Beach Redevelopment Agency By -Laws ARTICLE III Meetings SECTION 1. Regular Meetings. Regular meetings shall be held on the fourth Monday of each month at 6:45 p.m., in the City Council Chambers, 211 — 8 Street, Seal Beach, California. In the event such fourth Monday shall fall on a legal holiday, the meeting shall be held on the next succeeding day at 6:45 p.m. The Agency shall conduct at least one meeting per fiscal year. (Res. No. 89-4; Res. No. ) SECTION 2. Special Meetings. Special meetings shall be held in compliance with the Ralph M. Brown Act. (Res. No. 71 -16; Res. No. ). SECTION 3. Quorum. The powers of the Agency shall be vested in the members thereof in office from time to time. Three 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. Unless otherwise required by applicable law, an affirmative vote by a majority of the quorum is required. (Res. No. 71 -16; Res. No. ). SECTION 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 filed in the official book of resolutions of the Agency. (Res. No. 71 -16). SECTION 5. Manner of Voting. The voting on formal resolutions, matters relating to any federal, state, county, or city agency, and such other matters, shall • be by roll call, the ayes and noes and members present not voting shall be entered into the minutes of such meeting. (Res. No. 71 -16; Res. No. ). ARTICLE IV Amendments SECTION 1. Amendments By -Laws. The By -Laws of the Agency shall be amended only with the approval of at least three members of the Agency at a regular or special meeting, but no such amendment shall be adopted unless at least three days written notice 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. (Res. No. 71 -16).