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1987/02/10 Community Development Agency Resolution (5)2429A/kf 02/03/87 RESOLUTION NO. 87-01 RESOLUTION OF THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF ROHNERT PARK APPROVING BYLAWS WHEREAS, the Community Development Agency of the City of Rohnert Park (the "Development Agency") has been duly created and activated pursuant to the provisions of Section 33000, at meq., of the Health and Safety Code of the State of California by a duly adopted Ordinance of the City of Rohnert Park, California (the "City"); and WHEREAS, Bylaws have been presented to the Development Agency and it has approved the Bylaws, attached hereto as Exhibit "A" and incorporated herein by this reference, to provide for the regulations established by the Development Agency for its internal governance. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF ROHNERT PARK, AS FOLLOWS: Se ion 1. That the Bylaws as presented to and approved by the Development Agency and as attached hereto as Exhibit "A" be adopted as the Bylaws of the Development Agency and that the Secretary of the Development Agency shall retain a copy of the Bylaws in the Development Agency files as maintained in the office of the City Clerk. Section 2. This Resolution shall take effect upon adoption. ADOPTED AND APPROVED this 10th day of February, 1987. Chairman of the Community Development Agency of the City of Rohnert Park (SEAL) ATTEST: ' Secretary of the Community Development Agency of the City of Rohnert Park - 1 - State of California ) County of Sonoma ) ss City of Rohnert Park ) I. Peter M. Callinan 0 Secretary of the Community Development Agency of the City of Rohnert Park do hereby certify that the foregoing resolution was regularly introduced and adopted by the Community Development Agency at a regular meeting thereof, held on the 10th day of February , 1987, by the following vote of the Development Agency: AYES: (5) Agency 'members Cochran, Hollingsworth, Hopkins, Lepinski, and Eck NOES: ( 0 ) None ABSENT: (0) None ABSTAINED: ( 0 ) None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Community Development Agency of the City of Rohnert Park this 10th day of February 1987. .Cc r� S iLretary' of the Community Development Agency of the City of Rohnert Park - 2 - 2431A/kf 02/03/87 EXHIBIT "A" BY—LAWS FOR COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF ROHNERT PARK ADOPTED Feb. 10 . 19 87 BY-LAWS FOR COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF ROHNERT PARK Table of Contents CDA Resolution 87-01(Adopting By -Laws for the Community Development Agency) BY -Laws ARTICLE I. - Section 100. THE AGENCY Section 101. Name of the Agency......................Pg. 1 Section 102. Agency Members Section 103. Agency Seal Section 104. Business Offices of the Agency Pg. 2 ARTICLE II. - Section 200. OFFICERS OF THE AGENCY Section 201. Designation of Officers Section 202. Terms of Officers ....................... Pg. 3 Section 203. Duties of Officers Section 204. Compensation of Officers................Pg. 4 ARTICLE III. - Section 300. EMPLOYEES, AGENTS, AND CONSULTANTS Section 301. Appointment of Employees, Agents, and Consultants Section 302. Compensation of Employees, Agents, and Consultants ............................Pg. 5 ARTICLE IV. - Section 400. GENERAL Section 401. Authority to Bind Agency Section 402. Contracts, Deeds and Other Documents Section 403. Payment of Money, Notes or Other Indebtedness... Pg. 6 ARTICLE V. - Section 500. MEETINGS... Section 501. Regular Meetings Section 502. Special Meetings Section 503. Executive Sessions ....................... Pg. 7 Section 504. Public Hearings Section 505. Adjourning and Continuing Meetings and Public Hearings to Other Times or Places Section 506. Meetings to be Open and Public ........... Pg. 9 Section 507. Quorum Section 508. Order of Business ARTICLE VI. - Section 600. AMENDMENT OF THE BYLAWS...... Pg. 10 COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF ROHNERT PARK BY-LAWS ARTICLE I SECTION 100. THE AGENCY ection 1 1. Name of the A ency_. The name of the Agency shall be the "Community Development Agency of the City of Rohnert Park" (herein the "Agency"). Section 1 2. Agency Members. The City Council of the City of Rohnert Park (the "City") has by Ordinance No. 447 declared itself to be the Agency. The Members of the Agency shall be the Members of the City Council as that body is constituted and shall remain Agency Members only so long as said Members remain on the Council, and new members of the City Council shall automatically become Members of the Agency. Section 103. A enc Seal. 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. - 1 - Section 104. Business Offi es f the A enc The Business offices of the Agency shall be in such locations in the City of Rohnert Park, State of California as may be selected from time -to -time by resolution or motion of the Agency Members. The principal business office of the Agency shall be in the City Hall, Rohnert Park, California, unless and until changed by resolution or motion of the Agency Members. ARTICLE II SECTION 200. OFFICERS OF THE AGENCY Section 201. Designation of Officers. The officers of the Agency shall be the Chairman, the Vice -Chairman, the Secretary and the Treasurer. The Mayor of the City shall be the Chairman of the Agency and the Vice -Mayor of the City shall be the Vice -Chairman of the Agency. The City Clerk shall be the Secretary of the Agency and the Finance Director of the City shall be the Treasurer of the Agency. The Agency Members may appoint such other officers (permanent, acting, or temporary) as may be appropriate. The Agency Members may fix and determine the qualifications, duties and compensations of Agency officers. - 2 Section 202. Terms of Officers. The Agency officers shall hold such offices only as long as they hold the appropriate City office. Section- 203. Duties Of Officers. The Chairman shall preside at the Agency meetings and perform such other duties as are appropriate. The vice -Chairman, in the absence or incapacity of the Chairman, shall perform the duties of the Chairman until the Agency Members elect a new Chairman. The Secretary shall keep and maintain records of the Agency and minutes of the Agency meetings. The Secretary shall also keep in safe custody the seal of the Agency. The Secretary shall be authorized to affix the seal to all documents and instruments to be executed for the Agency by vote of the Members. The Secretary shall also perform all other duties incident to the office of Secretary. The Treasurer shall supervise the fiscal affairs of the Agency and shall also supervise the care and custody of all monies of the Agency. The Treasurer shall cause adequate, correct and regular accounts of the properties, monies and transactions of the Agency to be kept and maintained. The Treasurer shall render to the Members of the Agency, whenever requested, a Treasurer's report of the Agency's transactions and financial condition. The Treasurer shall submit to the Members of the Agency significant information - 3 - and recommendations concerning the fiscal affairs of the Agency. The Treasurer shall also perform all other duties incidental to the office of Treasurer. Section 204. Com en ativn of Offi ers. Members shall receive no pay for attendance of regular meetings, but shall be reimbursed for actual and necessary expenses, including traveling expenses incurred in the discharge of their duties. Members of the Agency may receive such other compensation as the City Council prescribes consistent with State and local law. Other Agency officers shall receive no compensation as Agency officers, other than compensation received for their City employment. ARTICLE III SECTION 300. EMPLOYEES, AGENTS AND CONSULTANTS section 3Q. Apuointment of Employees Age s and Con ultants. The City shall be the Executive Director of the Agency. The Executive Director is charged with the administration, management, and general supervision of the business and affairs of the Agency and shall serve at the pleasure of the Agency. Other services to be rendered to the Agency are to be supplied by City employees or consultants pursuant to contract between the Agency and the City. - 4 The members of the Agency may from time -to -time establish such positions and select and appoint such agents and consultants, permanent and temporary, as it may require and determine their qualifications, duties and compensation. The Executive Director is authorized to appoint other employees in positions established by the Agency. Secticn 3Q2. Compensation of Employees . �Ac encs and C©nsulltants. The Agency Members may fix and determine the compensation of all Agency employees, agents, and consultants. ARTICLE IV SECTION 400. GENERAL Section 401. Authority to Bind Agency. No Member, officer, agent or employee of the Agency, without prior authority by a vote of the Agency Members, shall have any power or authority to bind the Agency by any contract, to pledge its credits, or to render it liable for any purpose in any amount. Section 402. Contracts Deeds and Other DQcuments. The Executive Director or a designee of the Agency Members shall execute on behalf of the Agency all contracts, deeds and other documents and instruments as authorized by the Agency Members. Nothing herein contained shall prohibit or be construed to prohibit the Agency Members from authorizing any other officer or employee of the Agency to so execute such instruments and documents. - 5 - Section 403. Payment of Money, Notes or Other Indebtedness. All checks, drafts or other orders for the payment of money, notes or other evidence of indebtedness issued in the name of or payable to the Agency shall be signed or endorsed by such person or persons and in such a manner as from time -to -time shall be determined by the Members of the Agency. ARTICLE V SECTION 500. MEETINGS section 501. Re alar ma tings. Regular meetings shall be held in the Council Chambers of the City on the second and fourth Tuesday of each month at 7:00 P.M. unless the same shall be a legal holiday, in which event such regular meeting shall be held on the next succeeding business day at the same hour and location. Notice of meetings and the subject matter of such meetings shall be given in accordance with State law. Section 502. Special Meetings. A special meeting may be called at any time by the Chairman or upon the written request of ire 4e- -two of the Members of the Agency by delivering, personally or by mail, written notice to each Member and to each person or entity entitled by law to receive such notices or in any other manner as authorized by law. Such notice must be delivered personally or by mail at least 24 hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place - 6 of the special meeting and the business to be transacted. No other business shall be considered at such meetings by the Agency Members. Such written notice may be dispensed with as to any Member who at or prior to the time the meeting convenes files with the Secretary of the Agency a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any Member who is actually present at the time it convenes. C'%a s e4' Section 503. Emeell"-v-e Sessions. Nothing contained in these By -Laws shall be construed to prevent the Agency Members from Cf o s-e;z;� holding ameautive sessions during a regular or special meeting concerning any matter permitted by law to be considered in an executive session. Section 544. Public Hearin s. All public hearings held by the Agency Members shall be held during regular or special meetings of the Agency Members. Section 545. Adjourning and Continuing Meetin s and. Public Hearings to Other Times or Places. The Agency Members may continue or adjourn any meeting to a time and place specified in the order of adjournment. Items may be acted upon at such continued or adjourned meetings if the item appeared on a properly posted agenda for a previous meeting and the previous meeting occurred not more than five (5) calendar days prior to the date of the meeting at which the item is to be considered, and the item was continued from - 7 - the previous meeting to the meeting at which the action is proposed to be taken. Less than a quorum may so continue or adjourn from time -to -time. If all Members are absent from any regular meeting or adjourned regular meeting the Secretary or Acting Secretary of the Agency may declare the meeting continued or adjourned to a stated time and place and shall cause a written notice of the continuance or adjournment to be given in the same manner as provided for special meetings. A copy of the order or notice of continuance or adjournment shall be conspicuously posted on or near the door of the place where the meeting was held within 24 hours after the time of the continuance or adjournment. When a regular, continued, or adjourned regular meeting is continued or adjourned as provided in this Section, the resulting continued or adjourned regular meeting is a regular meeting for all purposes. When an order of continuance or adjournment of any meeting fails to state the hour at which the continued or adjourned meeting is to be held, it shall be held at the hour specified for regular meetings. Any hearing being held, or any hearing noticed or ordered to be held at any meeting may by order or notice of continuance or adjournment be continued, recontinued, adjourned, or readjourned to any subsequent meeting in the same manner and to the same extent set forth for the continuance or adjournment of meetings. If any meeting or hearing is continued or adjourned to a time less than 24 hours after the time specified in these By -Laws or in the order or notice of meeting or hearing, a copy of the order or - 8 - notice of continuance or adjournment, shall be posted immediately following the meeting at which the order or declaration of continuance or adjournment was adopted or made. Section 50. Meetings to be Open and Public. All meetings of the Agency Members to take action or to deliberate concerning Agency business and its conduct shall be open and public to the extent required by law. All persons shall be permitted to attend any such meetings except as otherwise provided by law. Section 507. Ouorum. A majority of the Members of the Agency shall constitute a quorum for the purpose of conducting its business, exercising its powers, and for all other purposes. A smaller number of Agency Members may adjourn a meeting from time -to -time until a quorum is present. Action may be taken by the Agency only upon a favorable vote of the majority of the total number of Agency Members. Section 508. Order of _Business. The following shall be the general order of business at Agency meetings: (1) Roll Call (2) Approval of Minutes (3) Projects 9 (4) General (5) Public Participation (6) Adjournment At any meeting, the Agency Members, by a vote of a majority of the Members, may change the order of business. ARTICLE VI SECTION 600. AMENDMENT OF THE BY-LAWS The By -Laws shall be amended only with the approval of at least a majority of the Members of the Agency at an Agency meeting, but no amendment shall be adopted unless at least seven days' written notice of the general nature thereof has been sent previously to all Members of the Agency. ADOPTED ON NO. 87-01 FEBRUARY 10 , 1987 BY AGENCY RESOLUTION - 10 -