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CDA Resolution 88-1 COMMUNITY DEVELOPMENT AGENCY RESOLUTION NO. 88- 1 A RESOLUTION OF THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF GILROY ADOPTING BYLAWS WHEREAS, pursuant to the Community Redevelopment Law (Part 1, commencing with Section 33000, of Division 24 of the Health and Safety Code of the State of California), the City Council of the City of Gilroy, on July 18, 1983, adopted Ordinance No. 83-10, creating a redevelopment agency and declaring the City Council of the City of Gilroy to be the Community Development Agency of the City of Gilroy; and WHEREAS, Section 33125(d) of the Health and Safety Code provides that a redevelopment agency may make, amend, and repeal bylaws and regulations not inconsistent with, and to carry into effect, the powers and purposes of the Community Redevelopment Law ("the Law"); and WHEREAS, it is necessary to adopt bylaws which will set out operating procedures t° assure the orderly process and function of the Agency; and WHEREAS, the staff has prepared proposed bylaws which have been reviewed by this Agency. BE IT NOW THEREFORE RESOLVED THAT': 1. The Bylaws of the Community Development Agency of the City of Gilroy, attached hereto as Exhibit A and by this reference made a part hereof, are hereby adopted as the official Bylaws of the Agency. RESOLUTION NO. 88-1 1 Passed and adOpted this 1988, by the following vote:· 19thday of September AYES: NOES: AGENCYMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. AGENCYMEMBERS: None ABSENT: AGENCYMEMBERS: None ATTEST: APPROVED: oberta Hughan, Chai~_~son r Susanne Steihmetf, Agency~eta y 09/06/88 #B004/B49702 RESOLUTION NO. 88-1 -2- EXHIBIT A BYLAWS OF THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF GILROY ARTICLE I - THE AGENCY Section 1. Name. The official name of the Agency shall be the "Community Development Agency of the City of Gilroy". Section 2. Office and Place of Meeting. The main office of the Agency shall be at 7351 Rosanna Street, Gilroy, California. The Agency shall hold its meetings at the main office or such other location as may be designated from time to time by the Chairperson. Section 3. Powers. The powers of the Agency are vested in its members then in office, who reserve to themselves the right to delegate by resolution such powers as are appropriate within a suitable framework. Section 4. Agency Seal. The seal of the Agency shall be in the form of a circle around the perimeter of which will appear the name of the Agency and the city and state, to wit; Community Development Agency of the City of Gilroy, California. In the center of the seal shall appear the year of its founding: 1983. -1- ARTICLE II - OFFICERS Section 1. Officers. The officers of the Agency shall be a Chairperson, Vice Chairperson, Treasurer, Secretary, Executive Director, and Deputy Executive Director. Section 2. Additional Officers and Assistant Officers. The Agency may by resolution appoint such additional officers, establish their terms of office, and define their duties as the Agency determines necessary or desirable. Section 3. Chairperson. The Chairperson shall be the Mayor of the City of Gilroy, and shall preside at all meetings of the Agency. Except as otherwise authorized by resolution of the Agency, the Chairperson shall submit such recommendations and information as he or she may consider proper concerning the business, affairs and policies of the Agency. The Chairperson shall be entitled to vote on all matters coming before the Agency. Section 4. Vice Chairperson. The Vice Chairperson shall be the Mayor Protempore of the City of Gilroy, and the Vice Chairperson shall perform the duties of the Chairperson in the absence or incapacity of the Chairperson; and 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 a new Mayor of the City of -2- Gilroy is elected or appointed, at which time the new Mayor shall become Chairperson. Section 5. Secretary. The Secretary shall be the City Clerk of the City of Gilroy. The Secretary shall keep the records of the Agency and record all votes, and shall keep a record of the proceedings to be kept for such purposes, and shall perform all duties incident to said 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. Section 6. Executive Director. The Executive Director shall be the City Administrator of the City of Gilroy. The Executive Director shall serve as administrative chief of the Agency, shall be directly responsible to it, and, subject thereto, shall have complete control of the responsibility for the execution of the Agency's policies, the administration of its affairs, and the fulfillment of such other duties as from time to time the Agency may impose. The Executive Director shall appoint and have supervision of the Agency's personnel. At each meeting of the Agency, the Executive Director shall supply its members with such information and make such recommendations as shall be necessary to effect the purpose of the Agency and for the proper administration of its affairs. Section 7. Deputy Executive Director. The Deputy Executive Director shall be the Director of Planning of the City of Gilroy. The Deputy Executive Director shall serve as assistant to the Executive Director and shall act as -3- Executive Director in his or her absence. The Deputy Executive Director shall be responsible for the daily operation of the Agency. Section 8. Treasurer. The Treasurer shall be the Treasurer of the City of Gilroy. The Treasurer shall be responsible for ascertaining that all funds of the Agency are deposited in the name of the Agency in such bank or banks, or such special trust fund or funds with the Treasury of the City of Gilroy, as the Agency may select. The Treasurer shall give such bond for the faithful performance of his or her duties as the Agency may determine. All checks issued by the Agency shall be signed and/or countersigned by a person or persons designated by resolution of the Agency. All persons so designated shall be bonded for faithful performance of duty as determined by the Agency. Section 9. 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, these Bylaws, rules or regulations of the Agency. No member of the Agency shall be eligible to fill the office of the Executive Director, Secretary, or Treasurer, except as a temporary appointee. Section 10. Additional Personnel. The Agency may from time to time employ or retain such personnel as it deems necessary to exercise its powers, duties, and functions as prescribed by the applicable California Health and Safety Code -4- provisions as amended and all other laws of the State of California applicable thereto. Section 11. Execution of Documents. Upon authorization or ratification by the Agency, contracts or other documents may be executed on behalf of the Agency by the Chairperson, Vice Chairperson, Executive Director, Deputy Executive Director, or other authorized officer. ARTICLE III - MEETINGS Section 1. Annual Meeting. The annual meeting of the Agency shall be held on the first Monday of December as part of its regular meeting of that date. In the event such date shall fall on a legal holiday, the annual meeting shall be held on the next succeeding secular day. Section 2. Regular Meetings. Regular meetings shall be held at the City Council Chambers at 7351Rosanna Street, Gilroy, California, unless otherwise specified, on the first and third Mondays of each month at 8:00 p.m. If the regular meeting day is a legal holiday, the meeting shall be held the next business day. A regular meeting of the Agency may be adjourned to a time and place specified in the order of adjournment pursuant to the requirements of Government Code Section 54955. Section 3. Special Meetings. The Chairperson of the Agency may, when deemed expedient, 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 -5- delivered to each member of the Agency or may be mailed to the business or home address of each member of the Agency at least one day prior to the date of such special meeting. At such special meeting no business shall be considered other than as designated in the call. Section 4. Meetings to be Open and Public. Except as authorized by law, all meetings of the legislative body of the Agency shall be open and public, and all persons shall be permitted to attend any meeting of the Agency. All adjourned, special, and executive meetings of the Agency shall be governed by Section 54955 through 54957 of the Government Code of the State of California, as amended. Section 5. Quorum. The powers of the Agency shall be vested in the members thereof in office from time to time. A majority of current members shall constitute a quorum for the purpose of conducting 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. Affirmative action may be taken by the Agency upon majority vote of the quorum of the Agency there present and eligible to vote. Section 6. Order of Business. At the regular meeting of the Agency the following shall be the order of business. 1) Roll call 2) Approval of minutes 3) Reports of officers 4) Reports of committees 5) Old business -6- 6) 7) 8) New business Communication and approval of claims Adjournment Ail resolutions shall be in writing, designated by number, and a certified copy shall be kept in a journal of proceedings of the Agency. Section 7. Manner of Voting. The voting on formal resolutions, matters pertaining 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 nayes and members present and not voting shall be entered upon the minutes of such meeting, except on the election of officers, which may be by ballot. Section 8. Roberts' Rules. All rules of order not herein provided for shall be determined in accordance with the most recently published edition of "Roberts Rules of Order Revised". ARTICLE IV - AMENDMENTS Section 1. Amendments to Bylaws. These Bylaws of the Agency shall be amended only with the approval of a majority of the members of the Agency at a regular or special meeting, but no such amendment shall be adopted unless at least seven days written notice thereof has been previously given to all of the members of the Agency, or unless notice was given at the previous regular meeting of the Agency. Such notice shall -7- identify the section or sections of the Bylaws proposed to be amended. Dated: September 19, 1988 #B017/B49702 -8- I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the Community Development Agency of the City of Gilroy, California, at a meeting thereof, held on the 19th day of September, 1988.  y ( Seal