HomeMy WebLinkAboutRES NO RA5-03.I
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RESOLUTION NO. R A 5- 0 3
A RESOLUTION OF THE BAKERSFIELD
REDEVELOPMENT AGENCY ADOPTING AMENDED
BYLAWS.
WHEREAS, currently, the order of business for the Bakersfield Redevelopment
Agency (Agency) does not include a section for public hearings; and
WHEREAS, the Agency desires to have such a section added to its order of
business; and
WHEREAS, the current bylaws make reference to the Bakersfield Code of Ethics
which has been subsumed in the Bakersfield Conflict of Interest Code; and
WHEREAS, the current bylaws prohibit members from serving more than two
consecutive terms and the Agency desires to remove such a prohibition; and
WHEREAS, the Agency desires to amend its bylaws to reflect these changes.
NOW, THEREFORE, BE IT RESOLVED BY THE BAKERSFIELD
REDEVELOPMENT AGENCY as follows:
1. The above recitals are true and correct;
2. The bylaws which are attached hereto as Exhibit "A" are hereby adopted
for the Bakersfield Redevelopment Agency and will remain in full force and
effect from the date of this resolution unless and until they are amended.
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Bak Woielc 20RO development Agency at a regular meeting thereof held on
MAr y , by the following vote:
AYES: AGENCYMEMBER MISHOE, COHEN,-E)AVE JPORT, MARTINEZ, PRINCE, RAPHAEL,
SCHROEDER
NOES: AGENCYMEMBER
ABSTAIN: AGENCYMEMBER
ABSENT: AGENCYMEMBER hA-,lEn1 F3 T
dMi'L J, fflz&�&2
SECRETARY of the ersfield
Redevelopment Agency
MAY 9 2003
APPROVED:
THOMAS MISHOE
CHAIRPERSON
BAKERSFIELD REDEVELOPMENT
AGENCY
APPROVED AS TO FORM:
BART J. THILTGEN
GENERAL COUNSEL
JANICE SCANLAN
Deputy City Attorney
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BYLAWS OF THE
BAKERSFIELD REDEVELOPMENT AGENCY
Article I - THE AGENCY
Section 1. Name of Aaencv. The official name of the Agency shall be the
"Bakersfield Redevelopment Agency (Bakersfield RDA)." In these Bylaws, the RDA
shall be referred to as the "Agency."
Section 2. Seal of Agency. The seal of the Agency shall be in the form of a
circle and shall bear the name of the Agency.
Section 3. Office of Agency and Place of Meetina. The office of the
Agency shall be at City Hall, 1501 Truxtun Avenue, Bakersfield, California, but the
Agency may hold its meetings at any place in the City of Bakersfield, California, which
the Agency may from time -to -time designate by resolution.
Section 4. Powers. The Agency may sue and be sued, make, amend and
repeal by -laws, make and execute contracts.
Section S. A-gency Members. The Agency shall consist of seven (7) persons
of a distinguished and responsible nature who, through their effort and effective
community leadership, have expressed an interest in securing for the city the most
efficient, useful and practical means of implementation of all three Redevelopment
Plans (Downtown, Old Town Kern - Pioneer and Southeast). The persons appointed
should represent a variety of professional backgrounds and experience for the
development of the city, including, but not limited to business, finance, architecture,
engineering, public relations, and real estate.
Article II - OFFICERS AND STAFF
Section 1. Officers. The officers of the Agency shall be Chairperson and
Vice - Chairperson. Other officials acting as its staff shall be an Executive Director, a
Deputy Executive Director, a Finance Officer, a General Counsel, and a Secretary.
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Section 2. Chairperson. The Chairperson of the Agency shall preside
over all meetings of the Agency. Except as otherwise authorized by resolution of the
Agency or the provisions of these Bylaws, the Chairperson shall sign all contracts,
deeds, and other instruments made by the Agency.
Section 3. Vice - Chairperson. The Vice - Chairperson shall perform the duties
of the Chairperson in the absence or incapacity of the Chairperson. In case of the
resignation or death of the Chairperson, the Vice - Chairperson shall perform such duties
as are imposed on the Chairperson until such time as the Agency shall elect a new
Chairperson. In the absence of the Chairperson and Vice - Chairperson, the Agency
Members shall elect a Member present as temporary Chairperson for the purpose of
conducting meetings and performing the duties of the Chairperson.
Section 4. Executive Director. The Executive Director of the Agency
shall be the City Manager of the City of Bakersfield. The Executive Director or his /her
delegate shall have general supervision over administration of the Agency business and
its affairs, subject to the direction of the Agency.
Section 5. Deputy Executive Director. The Deputy Executive Director
shall be appointed by the Executive Director.
Section 6. Finance Officer. The Finance Officer of the Agency shall be the
Finance Director of the City of Bakersfield.
Section 7. General Counsel. The General Counsel of the Agency shall be
the City Attorney of the City of Bakersfield.
Section 8. Secretary. The Secretary of the Agency shall be the City Clerk of
the City of Bakersfield.
Section 9. Additional Personnel. The Executive Director of the Agency
shall appoint such other City staff as necessary to assist in the general supervision and
administration of Agency business and its affairs.
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Section 10. Compensation. The Members of the Agency shall receive such
compensation as the City Council prescribes, but said compensation shall not exceed
$25 per Member for each meeting of the Agency attended by the Member. No Member
shall receive compensation for attending more than two meetings of the Agency during
any calendar month. In addition, Members shall receive their actual and necessary
expenses, including traveling expenses incurred in the discharge of their duties.
Section 11. 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 the
Bylaws or rules and regulations of the Agency.
Section 12. Election or Appointment of Officers. The first Chairperson shall
be appointed by the Mayor of the City of Bakersfield, with the approval of the Council of
the City of Bakersfield, who shall serve until January of the next year. The first
ViceChairperson shall be elected at the Agency's first meeting. Thereafter, the
Chairperson and Vice - Chairperson shall be elected during the January meeting of the
Agency from among the Members of the Agency and shall hold office for one year or
until their successors are elected and qualified.
Section 13. Absences and Vacancies. In the temporary absence of the
Chairperson and Vice- Chairperson, the Agency Members shall elect a Member present
as acting Chairperson for the purpose of conducting meetings and performing the duties
of Chairperson. Should the offices of Chairperson or Vice - Chairperson become vacant,
the Agency shall elect a successor from its membership at the next regular meeting,
and such election shall be for the unexpired term of said office. Should any office other
than Chairperson and Vice - Chairperson become vacant, the Agency shall appoint a
successor within a reasonable time or by resolution determine that such office shall
remain vacant for a definite or indefinite period of time.
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Section 14. Consultant. The Agency may from time -to -time appoint or employ
such consultants 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, duties and
compensation of such consultants shall be determined by the Agency, subject to the
laws of the State of California.
Article III - MEETINGS
Section 1. Annual Meetina. The Annual meeting of the Agency shall be
held on the first Monday of January at 4:00 p.m. in the Council Chambers at City Hall,
Bakersfield, California. In the event such date shall fall on a legal holiday, the annual
meeting shall be held on the next succeeding business day.
Section 2. Regular Meeting. Regular meetings shall be held with official
notice once a month at 4:00 p.m., in the City Council Chambers of City Hall, 1501
Truxtun Avenue, Bakersfield, California. The Agency shall announce the date of each
monthly regular meeting for a calendar year by annual resolution passed before March
1 of each calendar year.
The Agency may change dates and /or times of regular meetings at any meeting
after the Agency has adopted its annual resolution by two alternative procedures:
1. The Agency's Executive Director or his designee may offer a written
resolution changing the date and /or times of regular meetings. In this
event, the Agency shall change the dates and /or times of regular meetings
by adopting the offered resolution, as proposed, by a majority of the
Agency members.
2. Alternatively, any Agency member may offer a motion proposing the new
dates and /or times. The Agency shall change the dates and /or times by
passing the motion by a majority of the Agency members. The changes in
the regular meetings shall be shown in the minutes. Following the
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meeting at which the Agency changed the dates and /or times of the
regular meetings, staff shall prepare a resolution confirming the new dates
and /or times of regular meetings set forth in the motion. The Chairperson
or the Vice - Chairperson shall sign the resolution confirming the motion at
least 72 hours before the next regularly scheduled meeting. No further
confirming or ratifying action by the Agency shall be necessary.
Section 3. Special Meetinc. The Chairperson of the Agency may singly,
when he /she deems it expedient, or upon the written request of four Members of the
Agency, call a special meeting of the Agency for the purpose of transacting the
business designated in the call. The means and methods for calling such special
meeting shall be as set forth in the Brown Act, Government Code § 54950, et seq. At
such special meeting, no business shall be considered other than as designated in the
call.
Section 4. Quorum. Four Members of the Agency shall constitute a
quorum for the purpose of conducting its business and exercising its powers for all other
purposes, but a smaller number may adjourn from time -to -time until the quorum is
obtained.
Section 5. Order of Business. At the regular meetings of the Agency,
the following shall be the order of Business:
1. Roll Call
2. Public Statements
3. Consent Calendar (Bills, Correspondence, Minutes and
Miscellaneous)
4. Public Hearings
5. Reports
6. Deferred business
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7. New business
8. Agency Statements
9. Closed Sessions
10. Workshop
11. Adjournment
Section 6. Public Statements.
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1. Any person may address the Agency on any item of interest to the public,
that is within the subject matter jurisdiction of the Agency during the Public
Statements portion of the meeting, provided however, persons wishing to
address the Agency regarding a matter set for public hearing at that
meeting shall make their comments during the Hearing on that matter.
Persons desiring to speak during the Public Statements portion of the
meeting or on any matter on the agenda not set for hearing shall fill out
and return to the Secretary, the speaker's card provided by the Secretary
and shall list their name and the topic they wish to address. Comments by
the public during the Public Statements portion of the agenda are limited
to three minutes for each person, with a total of fifteen minutes in favor of
any one subject and a total of fifteen minutes in opposition of any one
subject.
2. No person shall address the Agency until recognized by the Chair.
Agency members who wish to allow a member of the audience to speak at
times other than the Public Statements portion of the agenda or after a
public hearing has been closed may do so with the permission of the
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Chair. Persons desiring to comment on a matter on the agenda not set for
public hearing may speak during the Public Statements portion of the
agenda or, with the permission of the Chair, speak at the time that matter
is called on the agenda.
3. Any person addressing the Agency making slanderous or defamatory
remarks may forthwith be barred by the Chair from speaking further before
the Agency during that meeting.
4. Persons given permission to address the Agency shall advance to the
rostrum, state their name, whom they are representing if they represent
other persons and the subject matter they wish to discuss. Unless
otherwise determined by the Agency, the Chair shall determine whether
the subject matter is within the subject matter jurisdiction of the Agency
and the time allowed for presentation.
5. All remarks shall be addressed to the Agency as a body and not to any
member thereof. No question shall be asked an Agency member or a
member of the administration or legal staff, except through the Chair.
Section 7. Hearinas.
1. Scheduling hearings are to be conducted in the following order:
a. Presentation by opponents, limited to fifteen minutes; provided,
however, additional time may be granted by the Chair;
b. Presentation by proponents, with the time limits specified in
subdivision a of this subsection, and such equivalent additional time
as may have been granted to opponents;
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C. Summation by both sides limited to five minutes each; provided,
however, both sides may be granted additional time by the Chair;
d. The public hearing is closed by the Chair;
e. Agency discussion and decision.
2. Spokesperson for Group of Persons. In order to expedite matters and
avoid repetitious presentations, whether any group of persons wishes to
address the Agency on the same subject matter, it shall be proper for the
Chair to request that a spokesperson be chosen by the group to address
the Agency, and in the event additional matters are to be presented at the
time by any other member having like views as the group, to limit the
number of such persons addressing the Agency and limit the time for each
person.
Section 8. Manner of Voting. The voting on formal resolutions, matters to
any federal, state, county, or city agency, and on such other matters as may be
requested by a majority of the Agency Members, shall be by roll call, and the ayes and
noes and members present not voting shall be entered upon the minutes of such
meeting, except on the election of officers which may be by ballot.
Section 9. Parliamentary Procedure. Unless a different procedure is
established by resolution of the Agency, or set forth in these Bylaws, the rules of
parliamentary procedures set forth in Robert's Rules of Order, the latest edition, shall
govern all meetings of the Agency.
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Article IV - AMENDMENTS
Section 1. Amendments to Bylaws. The Bylaws of the Agency may be
amended by the Agency at any regular or special meeting by a two- thirds vote, provided
that no such amendment shall be adopted unless at least seven days written notice
thereof has been previously given to all Members of the Agency. Such notice shall
identify the section or sections of the Bylaws proposed to be amended.
Article V - CONFLICTS
Section 1. Conflicts. The Conflict of Interest Code of the City of Bakersfield
is adopted as the Agency's Conflict of Interest Code and incorporated by reference.
Article VI - APPOINTMENTS & TERMS
Section I. Appointments.
1. To be considered for selection as an Agency Member, an individual
residing in the City of Bakersfield may submit their resume to the Mayor of
the City of Bakersfield.
2. The Mayor shall request the Executive Director or his designee to
determine the eligibility and Conflict of Interest status of each individual
(pursuant to California State Redevelopment Law) and shall classify the
nominee's area of interest.
3. The Mayor shall present candidates for appointments to the full City
Council for their ratification.
Section 2. Terms. The initial term of membership for service on the
Agency is recommended as follows:
Two members serving a four -year term.
Two members serving a three -year term.
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Two members serving a two -year term.
One member serving a one -year term.
Following this initial appointment all members will be appointed for a straight
four -year term. Members can be reappointed.
Any member may be removed from the Agency upon the Mayor's
recommendation and approval by the City Council, as a result of any of the following:
1. Continued absences from meeting - Four consecutive absences or a total
of eight absences per year. The City Council may waive such removal for
just cause.
2. Repeated disqualification as a result of economic interest in matters
considered by the Agency.
3. Unruly behavior, which continually disrupts meetings.
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