OBRES 2012-003RESOLUTION NO. OB 2012-003
A RESOLUTION OF THE OVERSIGHT BOARD OF
SUCCESSOR AGENCY TO LA QUINTA
REDEVELOPMENT AGENCY ADOPTING RULES
OF PROCEDURE FOR MEETINGS AND RELATED
FUNCTIONS, ACTIVITIES, AND REGADRDING
TIMES AND LOCATION OF REGULAR MEETINGS
WHEREAS, the Oversight Board of Successor Agency to La Quinta
Redevelopment Agency ("Oversight Board" as applicable) 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 of Successor Agency to La Quinta
Redevelopment Agency does hereby resolve as follows:
SECTION 1. The Rules of Procedure of the Oversight Board of Successor Agency
to La Quinta Redevelopment Agency, a copy of which is attached hereto and
incorporated herein as Exhibit "A", are hereby approved.
SECTION 2. The Oversight Board Secretary shall certify to the adoption of this
Resolution.
PASSED, APPROVED and ADOPTED at a special meeting of the Oversight
Board of Successor Agency to La Quinta Redevelopment Agency held this 7" day
of March, 2012 by the following vote, to wit:
AYES: Board Members Ellis, Marshall, Maysels, McDaniel, Nelson, Osborne,
Chairperson Pena
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. OB 2012-003
Adoption of Rules of Procedure
Adopted: March 7, 2012
Page 2
ATTEST:
'l9'1
RI L FON
Oversight Board Sec betry
(I ZI)
JOHN PLAA,hairperson
Oversight Board of Successor Agency
to La Ouinta Redevelopment Agency
EXHIBIT "A"
OVERSIGHT BOARD OF SUCCESSOR AGENCY
TO LA QUINTA REDEVELOPMENT AGENCY
[See following document]
RULES OF PROCEDURE OF THE
OVERSIGHT BOARD OF SUCCESSOR AGENCY TO LA QUINTA REDEVELOPMENT
AGENCY
ARTICLE 1 - MEETINGS
Section 1. Regular Meetings
Regular meetings of the Oversight Board shall be held the Wednesday after
the first and third Tuesday of the month at 2:00 p.m. The meetings will be held in
the Council Chambers at City Hall, La Quinta, California, or at such other locations
as the Oversight Board may from time to time designate by resolution or in the
notice of 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 seq., as it now exists or may hereafter be amended (the
'Brown Act").
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 Brown Act.
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) Roll Call; Pledge of Allegiance
(iii) Public Comment
(iv) Confirmation of Agenda
(v) Approval of Minutes
(vi) Presentations
(vii) Written Communications
(viii) Consent Calendar
(ix) Business Session
(x) Study Session
(xi) Reports and Informational Items
(xii) Chair and Board members' items
(xiii) 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 Thursday preceding
the meeting to which it pertains.
The Agenda and staff reports shall also be available to the general public at
the time it is delivered to the board members.
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(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. The order of roll call
shall be alphabetical with the Chairperson called last.
(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. However, the Presiding Officer is primarily responsible for the conduct of
the meeting. If he or she desires to personally engage in extended debate on
questions before the Oversight Board, he or she should consider temporarily turning
his or her role as Presiding Officer over to another board member.
(j) Question to be Stated: The Presiding Officer shall verbally
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
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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.
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(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 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
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speak thereon has spoken. No member shall speak for a longer time than five
minutes each time he 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 ... "
(i) Procedures In Absence of Rules: In the absence of a rule herein
to govern a point or procedure, Robert's Rules of Order, Newly Revised, shall be
used as a guide.
(j) 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 Addressing 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 limitations:
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At any time, before or after the oral communication is commenced,
the Presiding Officer may 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.
(a) 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) Processing 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.
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(f) Motion to Fix Hour of Adjournment: 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 undebatable 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
counted as present for purposes of a quorum and such abstentions are counted
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.
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(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 once been acted upon, no
other motion for reconsideration thereof shall be made without unanimous consent
of the Oversight Board.
Sectinn 10. Rasnlutinnc
(a) Definitions: The Actions of the Oversight Board will take one of
two forms : "resolution" 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.
(b) Resolutions Prepared In advance: Where a resolution has been
prepared 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 Executive
Director 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 form 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
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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.
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