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HomeMy Public PortalAbout99-1181 SON, C9 A ORDINANCE NO. 99-1181 AN ORDINANCE OF THE CITY OF CARSON ESTABLISHING A PUBLIC WORKS COMMISSION, PROVIDING FOR ITS ORGANIZATION, MEMBERSHIP, AND DUTIES, AND AMENDING THE CARSON MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS FOLLOWS: Section 1. Sections numbered 2798.1 through 2798.7 of Chapter 7 (Departments, Boards, Commissions) of Article II (Administration) of the Carson Municipal Code providing for a Public Works Committee are hereby repealed Section 2. Chapter 7 (Departments, Boards, Commissions) of Article II (Administration) of the Carson Municipal Code is hereby amended by adding Sections numbered 2798.1 through and including 2798.8 to read: "2798.1. Public Works Commission — Establishment of. There is hereby established a Public Works Commission. Said Public Works Commission may be known and referred to as the "Carson Public Works Commission" or the "Public Works Commission." "2798.2. Members. The Public Works Commission shall consist of five (5) members, each of whom shall have the qualifications hereinafter set forth. The Mayor and each Councilmember shall appoint one (1) member of the Commission. The Mayor or Councilmember making an appointment to a position shall be the "appointing authority" for such Commission member or position. The tenure of any member of the Commission shall be terminable at any time by the appointing authority for such Commission member. Subject to the provisions of this section, the tenure of Commission members appointed on or after the effective date hereof shall expire at midnight on the last day of the calendar month in which the next general municipal election after the member's appointment is held for seats on the Carson City Council. Each Commission member shall continue to serve until a successor has been appointed by the appointing power for such position and has qualified unless the appointing authority declares the position to be vacant. Should any vacancy exist on the Commission, an appointment shall be made by the appointing authority for that position. If a vacancy should occur in the office of a Councilmember, the tenure of the Commission member appointed by such Councilmember shall expire when the vacancy on the City Council has been filled, at which time the successor Councilmember shall be the successor appointing CITY OF CARSON Page 1 ORDINANCE NO. 99-1181 99-136 991003C1380-00980ddp O20G7311 authority. All appointments shall be made in an open meeting of the City Council. "2798.3. Organization. The Public Works Commission shall elect a Chairperson and a Vice Chairperson from among its members, for terms of one (1) year, at its first regular meeting in July of each year. The Commission may also appoint such other officers as may be necessary or convenient for the administration of its business, at the same time and for like terms. Said officers shall enter in the duties of their office at the first regular meeting in July of each year. The Commission shall adopt Bylaws for the transaction of its business. The Bylaws, or any amendments thereto, shall become effective only upon approval by the City Council. The Commission shall keep a record of all its minutes, resolutions, actions, findings and determinations, all of which shall be filed with the City Clerk. Minutes, resolutions, and recommendations shall be filed with both the City Clerk and the City Manager. "2798.4. Regular Meetings. The Public Works Commission shall hold at least one regular meeting in each month at such time and place as designated in the Bylaws of the Commission. Regular meetings may be adjourned by public announcement to a specified date, time, and place, and any such adjourned meeting shall be deemed a regular meeting. All meetings shall be open to the public. A majority of the members shall constitute a quorum. "2798.5. Absence from Meetings. If a member of the Public Works Commission is absent from three (3) successive regular meetings without being excused by the Commission, or is absent for any reason for more than six (6) regular meetings in any twelve (12) month period, the office of such member shall be vacated and the Chair shall immediately notify the City Manager, who shall notify the City Council that said office is vacant. Upon such notification, a successor for the remainder of the term of such member shall be appointed by the appointing authority for the member whose position is vacated. "2798.6. Duties and Functions of Commission. The Carson Public Works Commission shall have the following authority and duties: (a) Act in an advisory capacity to the City Council and the Director of Engineering Services in all matters pertaining to public works issues. (b) Capital Improvement Program formulation and review, including deficiency and feasibility reports, project priorities and capital improvement reports. CITY OF CARSON Page 2 ORDINANCE NO. 99-1181 99-136 991003 C1 380-00980 ddp 0204731 1 (c) Activities within the public rights-of-way which are not subject to administrative permit procedure, including encroachments and undergrounding of utilities. (d) Traffic management, including matters germane to traffic circulation, regulatory traffic control devices which require action by City Council or Planning Commission, special traffic and parking studies, temporary street closures and the proposed use of Proposition A and Proposition C Local Return Funds. (e) Environmental enhancement and beautification, including design review for aesthetic evaluation of landscaped median improvement projects within the public right-of-way. (f) Review and provide advice concerning the operations of and contract for the Carson Circuit transporatation system. "2798.7. Compensation and Expenses. Each member of the Public Works Commission shall receive compensation at the rate of thirty-five ($35.00) dollars for each meeting of the Public Works Commission attended by such member, not to exceed a total compensation of seventy ($70.00) dollars in any one (1) month. Such compensation shall be paid on the first payroll date following the end of the calendar month. No additional compensation shall be paid for expenses incurred by the members of the Commission in the performance of their duties, except that the City Council may from time to time authorize in advance expenditures for attendance at seminars, institutes or other meetings which the City Council may find to be beneficial to the Commissioners in the performance of their duties, and in the best interests of the City. Claims for such expenses shall be filed with the Finance Director and shall be subject to audit and approval by the City Council. "2798.8. Membership Qualifications. Each member of the Public Works Commission shall be and remain a resident of, or have a place of employment or business in, the City of Carson, and be at least eighteen (18) years of age at the time of the member's appointment." [Continued on page 4.] CITY OF CARSON Page 3 ORDINANCE NO. 99-1181 99-136 991003 C1380-00980 ddp 0204731 1 PASSED, APPROVED AND ADOPTED this 16'h day of November, 1999. ATTEST: I CITY CLET MAY APPROVED AS TO FORM: CI TTORNEY STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 99-1181, passed first reading on November 2, 1999 was duly and regularly adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 16th day of November, 1999, and that the same was passed and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Mayor Fajardo, Calas, Sweeney, Frank, and Ontal NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None City Clerk, City of Carson, California CITY OF CARSON Page 4 ORDINANCE NO. 99-1181 99-136 991003 C1380.00980 anp 0204731 1 CITY OF CARSON PUBLIC WORKS COMMISSION BYLAWS (Adopted November 2, 1999) ARTICLE I. DEFINITIONS As used in these Bylaws, unless a different meaning clearly appears from the context: A. "Commission" shall mean the Public Works Commission. B. "Members" shall mean the members of the Public Works Commission. C. The "fiscal year" shall be from July 1 to June 30. ARTICLE II. MEMBERS AND TERMS OF OFFICE The Public Works Commission shall consist of seven (7) members. Each member of the Public Works Commission shall be and remain a resident of, or have a place of employment or business in, the City of Carson, and be at least eighteen (18) years of age at the time of the member's appointment. The Mayor and each Councilmember shall appoint one (1) members of the Committee. The other two (2) members shall be appointed by the Mayor subject to approval by the City Council. Subject to the provisions of this section, the tenure of Commission members appointed on or after the effective date hereof shall expire at midnight on the last day of the calendar month in which the next general municipal election after the member's appointment is held for seats on the Carson City Council. All appointments shall be made in an open meeting of the City Council. ARTICLE III. APPOINTING AUTHORITY, TERMINATION, VACANCIES,AND VOTING The Councilmember, or Mayor and City Council, making an appointment to a position shall be the "appointing authority" for such Committee member or position. The tenure of any member of the Commission shall be terminable at any time by the appointing authority for such Commission member. Each Commission member shall continue to serve until a successor has been appointed by the appointing power for such position and has qualified unless the appointing authority declares the position to be vacant. Should any vacancy exist on the Commission, an appointment shall be made by the appointing authority for that position. If a vacancy should occur in the office of a Councilmember, the tenure of the Commission member appointed by such Councilmember shall expire when the vacancy on the City Council has been filled, at which time the successor Councilmember shall be the PUBLIC WORKS COMMISSION Page 1 BY-LAWS 99-136 991003 C1380 00980 ddD 020a732.A 0 successor appointing authority. Action taken by the Commission shall only be valid if a quorum of the members are present and not less than three (3) members have voted for it. ARTICLE IV. ELECTION OF OFFICERS The Commission shall have at least two (2) officers, including a Chairperson and a Vice- Chairperson, and such other officers it deems necessary. All officers shall be elected by the members for a term of one year, and no officer shall serve more than two (2) successive terms. The officers of the Commission shall perform such duties as are customarily assigned to such officers. The Engineering Services staff will act a liaison to the Commission, within the limits dictated by fiscal constraints, and will act as the Secretary to the Commission. ARTICLE V. MEETINGS Regular meetings of the Commission shall be held on the same day, time and location each month as established in advance by the Commission by resolution filed with the City Clerk. Regular meetings may be adjourned by public announcement to a specified date, time, and place, and any such adjourned meeting shall be deemed a regular meeting. All meetings of the Commission shall be open to the public, and whenever possible shall be held at a City-owned facility. Public notice shall be given to the public prior to the convening of any meeting in accordance with the Brown Act. A majority of all the members of the Commission shall constitute a quorum for the transaction of business. A quorum being present, the order of business at the meetings of the Commission shall be as follows: A. Call to Order B. Roll Call and Introduction of Guests C. Minutes D. Correspondence E. Public Comments F. Committee Reports PUBLIC WORKS COMMISSION Page 2 BY-LAWS 99-136 991003 C1380-00980 ddp 0204732.A 0 G. Unfinished Business H. New Business I. Staff Report J. Announcements K. Next Meeting L. Adjournment ARTICLE VI. ABSENCE FROM MEETINGS If a member of the Public Works Commission is absent from three (3) successive regular meetings without being excused by the Commission, or is absent for any reason for more than six (6) regular meetings in any twelve (12) month period, the office of such member shall be vacated and the Chair shall immediately notify the City Manager, who shall notify the City Council that said office is vacant. Upon such notification, a successor for the remainder of the term of such member shall be appointed by the appointing authority for the member whose position is vacated. ARTICLE VII. AUTHORITY AND DUTIES The Public Works Commission shall have the following authority and duties: A. Act in an advisory capacity to the City Council and the Director of Engineering Services in all matters pertaining to public works issues. B. Capital Improvement Program formulation and review, including deficiency and feasibility reports, project priorities and capital improvement reports. C. Activities within the public rights-of-way which are not subject to administrative permit procedure, including encroachments and undergrounding of utilities. D. Traffic management, including matters germane to traffic circulation, regulatory traffic control devices which require action by City Council or Planning Commission, special traffic and parking studies, temporary street closures and the proposed use of Proposition A Local Return Funds. E. Environmental enhancement and beautification, including design review for aesthetic evaluation of landscaped median improvement projects within the public right-of-way. PUBLIC WORKS COMMISSION Page 3 BY-LAWS 9 9—t 36 991003 C1380 00980 ddp 0204732A 0 ARTICLE VIII. COMPENSATION AND EXPENSES Each member of the Public Works Commission shall receive compensation at the rate of thirty-five ($35.00) dollars for each meeting of the Public Works Commission attended by such member, not to exceed a total compensation of seventy ($70.00) dollars in any one (1) month. Such compensation shall be paid on the first payroll date following the end of the calendar month. No additional compensation shall be paid for expenses incurred by the members of the Commission in the performance of their duties, except that the City Council may from time to time authorize in advance expenditures for attendance at seminars, institutes or other meetings which the City Council may find to be beneficial to the Commissioners in the performance of their duties, and in the best interests of the City. Claims for such expenses shall be filed with the Finance Director and shall be subject to audit and approval by the City Council. ARTICLE IX. COMMITTEES The Chairperson may appoint standing or special committees as needed. These Committees shall consist of an appointed Chairperson and at least two other members of the Commission. A member may be appointed or elected to one or more committees of the Commission. ARTICLE X. REPORTS The Commission shall present an annual written report of its activities for the past year to the Mayor and Council; it may also make appropriate recommendations. The report shall include the following: A. The name of Commission. B. Its objectives and functions. C. A reference to all reports and recommendations presented to the City Council, including the number of subject matters referred by the City Council. D. The number of meetings held. E. Attendance records of all members. F. The number of public hearings conducted. G. The amount of money, if any expended in support of the Commission. H. A list of City personnel who regularly assist the Commission. PUBLIC WORKS COMMISSION Page 4 BY-LAWS 99-136 991003 C13B000980 ddp 0204732.A 0 I. A recommendation as to whether the Commission should be abolished, modified, or continued. The City Clerk shall forward the original report to the City Council, and shall maintain a copy. Such reports to the City are open to public inspection. ARTICLE XI. AMENDMENT OF BYLAWS These Bylaws may be amended at any regular meeting of the Commission by majority vote of the members present, provided that notice of such amendments shall have been given at the previous meeting. These Bylaws and any future amendments thereto shall become effective only upon approval by the City Council, and they shall not and are not intended to go beyond any of the powers and duties given to the Commission by Ordinance. STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF CARSON I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Amended By-Laws were duly and regularly approved by the City Council of said City at a regular meeting of said Council, duly and regularly held on November 2 , 1999, and that the same was passed and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Mayor Fajardo, Calas, Frank, and Ontal NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Sweeney Q S City Clerk, City of Cart n, California PUBLIC WORKS COMMISSION Page 5 BY-LAWS 99-136 991003 0138000980 ddo 0204732 A 0