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HomeMy WebLinkAboutOB Reso No 2012-003RESOLUTION NO. OB- 2012 -003 A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE ADOPTING RULES OF PROCEDURE WHEREAS, the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore ( "Oversight Board ") has been established to direct the Successor Agency to take certain actions to wind down the affairs of the Redevelopment Agency in accordance with the California Health and Safety Code; and WHEREAS, the Oversight Board desires to adopt rules of procedure for the general operation of the Oversight Board, including but not limited to the conduct of meetings and approval of contracts in accordance with the California Health and Safety Code. NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Rules of Procedure of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, a copy of which is attached hereto and incorporated herein as Exhibit "A " , are hereby approved. SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a special meeting of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, held this 10 day of April, 2012. Brian TIC ale, Chairperson Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore 0 Oversight REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE ARTICLE I — MEETINGS Section 1. Regular Meetings Regular meetings of the Oversight Board shall be held at such date and time as designated by Resolution of the Oversight Board. The meetings will be held in the Cultural Center at 183 North Main Street, Lake Elsinore, California, or such other locations as the Oversight Board may from time to time designate by resolution or in the notice or call of any special meeting. In the event a day of meeting shall be a legal holiday, said meeting shall be held on the next business day unless otherwise determined by the Oversight Board. Section 2. Special Meetings The Chairperson of the Oversight Board may, when he or she deems it necessary, and shall, upon the written request of four members of the Oversight Board, call a special meeting of the Oversight Board for the purpose of transacting the business designated in the call. The means and method for calling such special meeting shall be as set forth in the Ralph M. Brown Act, California Government Code Section 54950 et sea Section 3. Adjourned Meetings The board members may adjourn any meeting to a time and place specified in the order of adjournment. When an order of adjournment of any meeting fails to state an hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings. In adjourning any meeting, there shall be compliance with all procedures of the Ralph M. Brown Act, California Government Code Section 54950 et sea Section 4. Quorum Four (4) board members of the Oversight Board 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. Every official act of the Oversight Board shall be adopted by a majority vote except in situations where the law calls for a vote of greater than a majority. A "majority vote" shall mean a majority of the full Board (i.e., four affirmative votes). Section 5. Order of Business (a) Agenda The order of business of each meeting shall be as contained in the Agenda prepared by the Oversight Board Secretary. The Agenda shall be a listing by topic of the subjects which shall be taken up for consideration in the following order: (i) Call to Order (ii) Pledge of Allegiance (iii) Roll Call (iv) Public Comments — Agendized Items (v) Presentations (vi) Consent Calendar (vii) Business Items (viii) Public Comments — Non - Agendized Items (ix) Staff Comments (x) Oversight Board Member Comments (xi) Adjournment All resolutions shall be in writing and designated by number, reference to which shall be inscribed in the minutes and an approved copy of each resolution filed in the official book of resolutions of the Oversight Board. (b) Preparation of Agenda The staff of the Successor Agency shall be responsible for the preparation of the Agenda. The Oversight Board, by a majority vote, may direct a matter to be placed upon a future agenda. (c) Delivery of Agenda The Agenda and related staff reports will ordinarily be delivered to the board members via e-mail on the Friday preceding the meeting to which it pertains, but in any event not less than 72 hours prior to a regularly scheduled meeting and not less than 24 hours prior to a special meeting of the Oversight Board. The Agenda and staff reports shall also be available to the general public at the time it is delivered to the board members. (d) Roll Call Before proceeding with the business of the Oversight Board, the Oversight Board Secretary shall call the roll of the board members and the names of those present shall be entered in the minutes. (e) Approval of Minutes Unless requested by a majority of the Oversight Board, minutes of the previous meeting may be approved without public reading if the Secretary has previously furnished each board member with a copy thereof. (f) Public Comment Pursuant to Government Code 54954.3, each agenda for a regular meeting shall provide an item entitled "Public Comment." The purpose of such item shall be to provide an opportunity for members of the public to directly address the Oversight Board on items of interest to the public that are within the subject matter jurisdiction of the Oversight Board. In order to assure that the intent of Government Code 54954.3 is carried out, three (3) minutes is the amount of time allocated for each individual speaker. (g) Consent Agenda Items of routine nature, and non - controversial, shall be placed on the consent agenda. All items may be approved by one blanket motion upon unanimous consent. Prior to review of the consent agenda, any board member may request that any item be withdrawn from the consent agenda for separate consideration. (h) Call to Order :The meeting of the Oversight Board shall be called to order by the Chairperson, or in his /her absence, by the Vice Chairperson. The person calling meetings to order shall be referred to as the 'Presiding Officer." In the absence of both the Chairperson and the Vice Chairperson, the meeting shall be called to order by the Secretary to the Oversight Board and the Board shall select a temporary chairperson, who shall serve as the Presiding Officer for the meeting. (i) Participation of Presiding Officer The Presiding Officer may move, second, and debate, subject only to such limitations of debate as are imposed on all board members, and he or she shall not be deprived of any of the rights and privileges of a board member by reason of his or her acting as Presiding Officer. (j) Question to be Stated The Presiding Officer shall verbally restate or request that staff restate each question immediately prior to calling for the vote. Following the vote, the Presiding Officer shall verbally announce whether the question carried or was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. (k) Maintenance of Order The Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Presiding Officer. All questions and remarks shall be addressed to the Presiding Officer. Section 6. Rules, Decorum and Order (a) Points of Order The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Oversight Board. If any appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained ?" in which event a majority vote shall govern and conclusively determine such question of order. (b) Decorum and Order — Board members (i) Any board member desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, shall confine himself or herself to the question under debate. (ii) A board member, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer; unless a Point of Order is raised by another board member; or unless the speaker chooses to yield to questions from another board member. (iii) Any board member called to order while he or she is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled to be not in order, he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Oversight Board. (iv) Board members shall accord the utmost courtesy to each other, to city or Oversight Board employees, and to the public appearing before the Oversight Board and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. (v) Any board member may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Oversight Board shall require him or her to so act. (vi) Except where specifically authorized by Oversight Board action, no board member shall make any statement or give the appearance or indicate in any way that he or she is representing the Oversight Board. (c) Decorum and Order— Employees Members of the administrative staff of the Oversight Board shall observe the same rules of procedure and decorum applicable to board members. The Executive Director of the Successor Agency shall ensure that all Oversight Board employees observe such decorum. Any staff members, including the Executive Director, desiring to address the Oversight Board or members of the public shall first be recognized by the Presiding Officer. All remarks shall be addressed to the Presiding Officer and not to any one individual board member or member of the public. (d) Decorum and Order— Public Members of the public attending Oversight Board meetings shall observe the same rules of order and decorum applicable to the Oversight Board. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Oversight Board or while attending the Oversight Board meeting shall be removed from the room and such person may be barred from further audience before the Oversight Board. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Presiding Officer, who may direct the sergeant -of -arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. (e) Enforcement of Decorum As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the board members may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Oversight Board from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. (f) Conflict of Interest All board members are subject to the provisions of California Law, such as Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to conflicts of interest codes adopted by the Oversight Board. (g) Limitation of Debate No board member normally should speak more than once upon any one subject until every other board member choosing to speak thereon has spoken. No member shall speak for a longer time than five minutes each time he or she has the floor, without approval of a majority vote of the Oversight Board. (h) Dissents and Protests Any board member shall have the right to express dissent from or protest to any action of the Oversight Board and have the reason entered in the minutes. If such dissent or protest is desired to be entered in the minutes, this should be made clear by language such as, "I would like the minutes to show that I am opposed to this action for the following reasons . . ." Procedures In Absence of Rules: In the absence of a rule herein to govern a point or procedure, the Standard Code of Parliamentary Procedure, 4th Edition, Revised by the American Institute of Parliamentarians shall govern the proceedings of the Board except to the extent such Rules conflict with the rules set forth herein or in any applicable law. (i) Rulings of Presiding Officer Final Unless Overruled In presiding over Oversight Board meetings, the Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by a majority vote of the board members present and voting. Section 7. Addressing the Oversight Board (a) Manner of Addressinq the Oversight Board Any member of the public desiring to address the Oversight Board shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, he shall state his name and address for the record. All remarks and questions shall be addressed to the Presiding Officer and not to any individual board member, staff member or other person. No person shall enter into any discussion without being recognized by the Presiding Officer. (b) Time Limitation For time limitation applicable to public comment, see Article III, Section (5). This Limitation shall not apply to any staff presentation. (c) Addressing the Oversight Board After Motion Is Made After a motion has been made, no member of the public shall address the Oversight Board without first securing permission by a majority vote of the Oversight Board. (d) Limitations Regarding Public Comments and Reports The making of oral communications to the Oversight Board by any member of the public during the "Public Comments" portion of the agenda shall be subject to the following: At any time, before or after the oral communication is commenced, the Presiding Officer if he or she deems it preferable, direct that the communication be made instead either to the Executive Director or other appropriate staff member during regular business hours, or in writing for subsequent submittal to board members. (e) Persons Authorized to be Within Platform No person except Oversight Board Officials shall be permitted behind the Oversight Board dais without permission or consent of the Presiding Officer. Section 8. Motions (a) Processinq of Motions When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. (b) Motions Out of Order The Presiding Officer may at any time, by majority consent of the board members, permit a board member to introduce a resolution or motion out of the regular agenda order. (c) Division of Question If the question contains two or more divisional propositions, the Presiding Officer may, and upon request of a board member shall (unless appealed), divide the same. (d) Procedure of Motions Board, no motion shall be entertained precedence in the following order: When a motion is before the Oversight except the following, which shall have Adjourn Fix hour of adjournment Table Limit or terminate discussion Amend Postpone (e) Motion to Adjourn (not debatable) A motion to adjourn shall be in order at any time, except as follows: When repeated without intervening business or discussion. When made as an interruption of a board member while speaking. When discussion has been ended, and vote on a motion is pending, and While a vote is being taken. (f) Motion to Fix Hour of Adiournment Such a motion shall be to set a definite time at which to adjourn and shall be debatable and shall be amendable by unanimous vote. (g) Motion to Table A motion to table shall be used to temporarily by- pass the subject. A motion to table shall be debatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. (h) Motion to Limit or Terminate Discussion Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. (i) Motion to Amend A motion to amend shall be discussed only as to the amendment. A motion to amend an amendment is possible but no additional motions to further amendments may be made. Any amendment shall relate to the original motion and not introduce a different matter. Amendments shall be voted first, then the main motion as amended. Alternatively, the original maker of the main motion may agree to revise the original motion and if the second agrees to second the revised motion, the Oversight Board may vote on the main motion as revised. Section 9. Voting Procedure (a) Voting Procedure In acting upon every motion, the vote shall be taken by roll call or by electronic vote. The vote on each motion shall then be entered in full upon the record. If the vote is by roll call, the order of voting shall be alphabetical with the Chairperson voting last. The Secretary shall call the names of all members seated when a roll call vote is ordered or required. Members shall respond 'aye,' 'no' or 'abstain.' Any action or motion of the board shall require four (4) affirmative votes. Any member may change his or her vote before the next order of business. (b) Failure to Vote A board member who abstains due to reasons of conflict shall, for purpose of the item under consideration, be considered as if absent. A board member abstaining for reasons other than conflict shall be with the majority. A board member who leaves the dais solely to avoid participating in a specific item shall, in absence of a conflict, be counted as if they were present but abstaining and such abstentions are also counted with the majority. (c) Reconsideration Any board member who voted with the majority may move a reconsideration of any action at the same meeting. If the motion to reconsider passes, then the original item may be reconsidered at that time or agendized for the next meeting which meets any applicable noticing requirements. After a motion for reconsideration has been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the Oversight Board. Section 10. Resolutions (a) Definitions The Actions of the Oversight Board will take one of three forms: "resolution," "minute order," and "motion" (thereafter recorded by minute entry). Resolutions, in addition to being referenced in the minutes, will be recorded by a separate document, numbered in sequence and preserved in a separate set of books. Such "resolutions" are used for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document (with the additional "whereas" explanatory material it often recites) to facilitate such future reference and research. A "minute order" as used locally denotes an Oversight Board action which is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it. However, sequential numbering shall be assigned to each motion to facilitate indexing. (b) Resolutions Prepared in advance Where a resolution has been pared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed above, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may require that the resolution be read in full. (c) Resolutions Not Prepared In Advance Where a resolution has not been prepared in advance, the procedure shall be to instruct the Counsel of the Successor Agency to prepare a resolution for presentation at the next Oversight Board meeting. (d) Urgency Resolutions In matters of urgency, a resolution may be presented verbally in motion from together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure described above shall be followed. ARTICLE II — MISCELLANEOUS Section 11. Amendments to Bylaws and Rules of Procedure The Bylaws and Rules of Procedure of the Oversight Board may be amended by the Oversight Board at any regular or special meeting by a vote of the majority of the Oversight Board members, provided that no such amendment shall be adopted unless at least seven days' written notice thereof has been previously given to all board members of the Oversight Board. Such notice shall identify the section or sections of the Bylaws and Rules of Procedure proposed to be amended. Section 12. Rules Directory To the extent not required by State laws, these rules of procedure shall be considered directory only; and compliance herewith shall not be considered mandatory or jurisdictional. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia J. Bloom, Oversight Board Secretary and City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. OB- 2012 -003 was adopted by the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, California, at a regular meeting held on the 10 day of April 2012, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Chairman Tisdale, Vice Chair Schultz, and Board Members Carlson, Oster, Kelley, Lillibridge and Williams None None None Virginia