HomeMy Public PortalAbout04-1303 ORDINANCE NO. 04-1330
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARSON, CALIFORNIA, AMENDING THE CARSON
MUNICIPAL CODE, AT SECTIONS 2701, 2736, 2751, 2762,
2796.2, 2798.2, 2799.2, 4702, 27100.2, 27101.2, 27102.2, 27103.2,
27104.2, 27104.2 [SIC] (CODIFIED AS 27106.2) AND 27105.2
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4 REGARDING THE NUMBER OF VOTES REQUIRED TO
MAKE AN APPOINTMENT TO, OR EFFECT A REMOVAL
FROM, CITY COMMISSIONS AND BOARDS
WHEREAS, the City Council of the City of Carson ("City") amended
various sections of the Municipal Code to bring the same into compliance with
Government Code § 40605 regarding the appointment and/or removal of members
of City commissions and boards; and
WHEREAS, the City Council desires to further clarify the number of City
Council votes required to make an appointment to, or effect the removal from,
City commissions and boards; and
WHEREAS, on December 8, 2004, the City Council held a duly noticed
public meeting to consider the proposed amendment to the above sections of the
Carson Municipal Code, considered any written comments and public input
concerning the proposed amendments; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
CARSON DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council hereby finds that the foregoing Recitals to this
Ordinance are true and correct.
Section 2. Planning Commission: Section 2701, entitled "Members," of the
C Carson Municipal Code shall be amended, in its entirety, to read as follows:
"§ 2701 Members.
The Planning Commission shall consist of nine (9) members,
each of whom shall be and remain a resident of the City of
Carson. All members shall be appointed by the Mayor with
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the approval of a majority of the entire City Council present,
including the Mayor. The tenure of any member of the
Commission shall be terminable at any time by removal by
the Mayor with the approval of a majority of the entire City
Council present, including the Mayor. Subject to the
provisions of this Section, the tenure of Commission
members appointed on or after April 1, 1997, 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 Mayor with the approval
of a majority of the entire City Council present, including the
Mayor and has qualified unless the City Council declares the
position to be vacant. Should any vacancy exist on the
Commission, an appointment shall be made by the Mayor
with the approval of a majority of the entire City Council
present, including the Mayor. All appointments shall be
made in an open meeting of the City Council."
Section 3. Parks and Recreation Commission: Section 2736, entitled
"Members," of the Carson Municipal Code shall be amended, in its entirety, to
read as follows:
"§ 2736 Members.
The Parks and Recreation Commission shall consist of seven
(7) members, each of whom shall be and remain a resident of
the City of Carson. All members shall be appointed by the
Mayor with the approval of a majority of the entire City
Council present, including the Mayor. The tenure of any
member of the Commission shall be terminable at any time
by removal by the Mayor with the approval of a majority of
the entire City Council present, including the Mayor. Subject
to the provisions of this Section, the tenure of Commission
members appointed on or after April 1, 1997, 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 Mayer with the approval
of a majority of the entire City Council present, including the
Mayor and has qualified unless the City Council declares the
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position to be vacant. Should any vacancy exist on the
Commission, an appointment shall be made by the Mayor
with the approval of a majority of the entire City Council
present, including the Mayor. All appointments shall be
made in an open meeting of the City Council."
Section 4. Environmental Commission: Section 2751, entitled "Members," of
the Carson Municipal Code shall be amended, in its entirety, to read as follows:
"§ 2751 Members.
The Environmental Commission shall consist of seven (7)
members, each of whom shall be and remain a resident of the
City of Carson. All members shall be appointed by the
Mayor with the approval of a majority of the entire City
Council present, including the Mayor. The tenure of any
member of the Commission shall be terminable at any time
by removal by the Mayor with the approval of a majority of
the entire City Council present, including the Mayor. Subject
to the provisions of this Section, the tenure of Commission
members appointed on or after April 1, 1997, 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 Mayor with the approval
of a majority of the entire City Council present, including the
Mayor and has qualified unless the City Council declares the
position to be vacant. Should any vacancy exist on the
Commission, an appointment shall be made by the Mayor
with the approval of a majority of the entire City Council
present, including the Mayor. All appointments shall be
made in an open meeting of the City Council."
Section 5. Human Relations Commission: Section 2762, entitled "Members,"
of the Carson Municipal Code shall be amended at subsections (a) and (b) to read
as follows, with all other provisions of Section 2762 remaining unmodified and in
� full force and effect:
"§ 2762 Members.
(a) General Members. All general members shall be
appointed by the Mayor with the approval of a majority of the
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entire City Council present, including the Mayor. Subject to
the provisions of this Section 2762, the tenure of the first
general members appointed after the effective date hereof
shall expire April 30, 1994. Thereafter, all general members
shall be appointed biennially for two (2) year terms expiring
t *dni 9 m ht on A pril 30 of each regular municipal election
year(each even-numbered year)."
"(c) Termination, Vacancies, Voting. The tenure of
member of the Commission shall be terminable at any time
by removal by the Mayor with the approval of a majority of
the entire City Council present, including the Mayor. Subject
to the,provisions of this Section, the tenure of Commission
members appointed on or after April 1, 1997, 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 and
has qualified unless the City Council declares the position to
be vacant. Should any vacancy exist on the Commission, an
appointment shall be made by the Mayor with the approval of
a majority of the entire City Council present, including the
Mayor. All appointments shall be made in an open meeting
of the City Council. Action taken by the Commission shall
only be valid if a majority of the general members present,
and in no event less than three (3) general members, have
voted for it."
Section 6. Fine Arts and Historical Commission: Section 2796.2, entitled
"Members," of the Carson Municipal Code shall be amended, in its entirety, to
read as follows:
"§ 2796.2 Members.
The Fine Arts and Historical Commission shall consist of
t seven (7) members, each of whom shall be and remain a
resident of the City of Carson. All members shall be
appointed by the Mayor with the approval of a majority of the
entire City Council present, including the Mayor. The tenure
of any member of the Commission shall be terminable at any
time by removal by the Mayor with the approval of a majority
of the entire City Council present, including the Mayor.
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Subject to the provisions of this Section, the tenure of
Commission members appointed on or after April 1, 1997,
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 Mayor with the
approval of a majority of the entire City Council present,
including the Mayor and has qualified unless the City Council
declares the position to be vacant. Should any vacancy exist
on the Commission, an appointment shall be made by the
Mayor with the approval of a majority of the entire City 4
Council present, including the Mayor. All appointments shall
be made in an open meeting of the City Council."
Section 7. Public Works Commission: Section 2798.2, entitled "Members," of
the Carson Municipal Code shall be amended, in its entirety, to read as follows:
"§ 2798.2 Members.
The Public Works Commission shall consist of five (5)
members. Each member shall be a person having interest,
experience or ability in construction, transportation, traffic or
circulation areas to ensure that traffic, vehicle parking,
bikeways, and transportation systems and other City facilities
are regulated and constructed in a manner calculated to best
provide for the safety and welfare of the public. All members
shall be appointed by the Mayor with the approval of a
majority of the entire City Council present, including the
Mayor. The tenure of any member of the Commission shall
be terminable at any time by removal by the Mayor with the
approval of a majority of the entire City Council present,
including the Mayor. Subject to the provisions of this
Section, the tenure of Commission members appointed on or
after April 1, 1997, 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
Mayor with the approval of a majority of the entire City
Council present, including the Mayor and has qualified unless �.
the City Council declares the position to be vacant. Should
any vacancy exist on the Commission, an appointment shall
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be made by the Mayor with the approval of a majority of the
entire City Council present, including the Mayor. All
appointments shall be made in an open meeting of the City
Council."
Section 8. Senior Citizens Advisory Commission: Section 2799.2, entitled
"Members," of the Carson Municipal Code shall be amended, in its entirety, to
read as follows:
"§ 2799.2 Members.
The Senior Citizens Advisory Commission shall consist of
eleven (11) members, each of whom shall be and remain a
resident of the City of Carson and be at least fifty (50) years
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of age. All members shall be appointed by the Mayor with
the approval of a majority of the entire City Council present,
including the Mayor. The tenure of any member of the
Commission shall be terminable at any time by removal by
the Mayor with the approval of a majority of the entire City
Council present, including the Mayor. Subject to the
provisions of this Section, the tenure of Commission
members appointed on or after April 1, 1997, shall expire at
midnight on the lastday 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 Mayor with the approval
of a majority of the entire City Council present, including the
Mayor and has qualified unless the City Council declares the
position to be vacant. Should any vacancy exist on the
Commission, an appointment shall be made by the Mayor
with the approval of a majority of the entire City Council
present, including the Mayor. All appointments shall be
made in an open meeting of the City Council."
� Section 9. Mobilehome Park Rental Review Board: Section 4702, entitled
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M bilehome Park Rental Review Board," of the Carson Municipal Code shall be
amended, at the second paragraph of subsection (a) beginning with the words
"Each City Council member shall appoint..." and ending with the words "in an
open session of the City Council" and all of subsection (b) thereunder to read as
follows, with all other provisions of section 4702 remaining unmodified and in full
force.and effect:
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"§ 4702 Mobilehome Park Rental Review
Board."
"All Board Members and Alternate Board Members shall be
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appointed by the Mayor with the approval of a majority of the
entire City Council present, including the Mayor. The tenure
Of any Boar.... Member and Alternate shall be terminable at
any time by removal by the Mayor with the approval of a
majority of the entire City Council present, including the
Mayor. If a vacancy occurs in a Board Member or Alternate
Board Member position, an appointment shall be made by the
Mayor with the approval of a majority of the entire City
Council present, including the Mayor. If a vacancy should
occur in the office of Mayor or Mayor is elected, the tenure of
the Board Member or Alternate shall expire when the vacancy
in the Mayor's office has been filled or Mayor takes office, at
which time the Mayor with the approval of a majority of the
entire City Council present, including the Mayor shall make
the appointment of the Board Member or Alternate. Each
Board Member or Alternate shall continue to serve until a
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successor has been appointed by the Mayor with the approval
of a majority of the entire City Council present, including the
Mayor and has qualified unless the City Council declares the
position to be vacant. All appointments shall be made in an
open meeting of the City Council."
"(b) If a member of the Board is absent from three (3)
successive regular meetings without being excused by the
Board, 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 Mayor with the approval of
a majority of the entire City Council present, including the
Mayor."
Section 10. Youth Commission: Section 27100.2, entitled "Members," of the
Carson Municipal Code shall be amended, in its entirety, to read as follows:
"§ 27100.2 Members.
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The Youth Commission. shall consist of eleven (11) members,
each of whom shall be and remain a resident of the City of
Carson and be at least thirteen (13) but not more than
eighteen (18) years of age at the time of their appointment.
All members shall be appointed by the Mayor with the
a roval of a majority'orit of the entire City Council present,
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including the Mayor., The tenure of any member of the
Commission shall be terminable at any time by removal by
the Mayor with the approval of a majority of the entire City
Council present, including the Mayor. The term of office of
Commission members shall be for one (1) year commencing
July 1st and expiring at midnight on June 30th unless a
different expiration date is prescribed by the City Council at
the time of the member's appointment. Each Commission
member shall continue to serve until a successor has been
appointed by the Mayor with the approval of a majority of the
entire City Council present, including the Mayor and has
qualified unless the City Council declares the position to be
vacant. Should any vacancy exist on the Commission, an
appointment shall be made by the Mayor with the approval of
a majority of the entire City Council present, including the
Mayor. All appointments shall be made in an open meeting
of the City Council."
Section 11. Citywide Advisory Commission: Section 27101.2, entitled
"Members," of the Carson Municipal Code shall be amended, in its entirety, to
read as follows:
"§ 27101.2 Members.
The Citywide Advisory Commission shall consist of seven
(7) members, each of whom shall have the qualifications
hereinafter set forth. All members shall be appointed by the
Mayor with the approval of a majority of the entire City
Council present, including the Mayor. The tenure of any
� member of the Commission shall be terminable at any time
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by removal by the Mayor with the approval of a majority of
the entire City Council present, including the Mayor. Subject
to the provisions of this Section, the tenure of Commission
members appointed on or after November 19, 1998, 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.
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Each Commission member shall continue to serve until a
successor has been appointed by the Mayor with the approval
of a majority of the entire City Council present, including the
Mayor and has qualified unless the City Council declares the
� position to be vacant. Should any vacancy exist on the
Commission, an appointment shall be made by the Mayor
with the approval of a majority of the entire City Council
present, including the Ma yor. All appointments shall be
made in an open meeting of the City C
Section 12. Veterans Affairs Commission: Section 27102.2, entitled
"Members," of the Carson Municipal Code shall be amended, in its entirety, to
read as follows:
"§ 27102.2 Members.
The Veterans Affairs Commission shall consist of eleven (11)
members, each of whom shall have the qualifications
hereinafter set forth. All members shall be appointed by the
Mayor with the approval of a majority of the entire City
Council present, including the Mayor. The tenure of any
member of the Commission shall be terminable at any time
by removal by,the Mayor with the approval of a majority of
the entire City Council present, including the Mayor. Subject
to the provisions of this Section, the tenure of Commission
members appointed on or after March 4, 1999, 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 Mayor with the approval
of a majority of the entire City Council present, including the
Mayor and has qualified unless the City Council declares the
position to be vacant. Should any vacancy exist on the
Commission, an appointment shall be made by the Mayor
with the approval of a majority of the entire City Council
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present, including the Mayor. All appointments shall be
� made in an open meeting of the City Council."
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Section 13. Public Safety Commission: Section 27103.2, entitled
"Members," of the Carson Municipal Code shall be amended, in its
entirety, to read as follows:
"§ 27103.2 Members.
The Public Safety Commission shall consist of seven (7)
members, each of whom shall have the qualifications
hereinafter set forth. All members shall be appointed by the
Mayor with the approval of a majority of the entire City
Council present, including the Mayor. The tenure of any
member of the Commission shall be terminable at any time
by removal by the Mayor with the approval of a majority of
the entire City Council present, including the Mayor. Subject
to the provisions of this Section, the tenure of Commission
members appointed on or after February 7, 2002, 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 Mayor with the approval
of a majority of the entire City Council present, including the
Mayor and has qualified unless the City Council declares the
position to be vacant. Should any vacancy exist on the
Commission, an appointment shall be made by the Mayor
with the approval of a majority of the entire City Council
present, including the Mayor. All appointments shall be
made in an open meeting of the City Council."
Section 14. Economic Development Commission: Section 27104.2, entitled
"Members," of the Carson Municipal Code shall be amended, in its entirety, to
read as follows:
"§ 27104.2 Members.
The Economic Development Commission shall consist of
nine (9) members, each of whom shall have the qualitications
� hereinafter set forth. All members shall be appointed by the
Mayor with the approval of a majority of the entire City
Council present, including the Mayor. The tenure of any
member of the Commission shall be terminable at any time
by removal by the Mayor with the approval of a majority of
the entire City Council present, including the Mayor. Subject
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to the provisions of this Section, the tenure of Commission
members on or after June 8, 2000, shall expire at
midnight on the last day of the calendar month in which the
next general municipal election after the member's
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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 Mayor with the approval
of a majority of the entire City Council present, including the
Mayor and has qualified unless the City Council declares the
position to be vacant. Should any vacancy exist on the
Commission, an appointment shall be made by the Mayor
with the approval of a majority of the entire City Council
present, including the Mayor. All appointments shall be
made in an open meeting of the City Council."
Section 15. Women's Issues Commission: Section 27104.2 [sic] (codified as
27106.2), entitled "Members," of the Carson Municipal Code shall be amended, in
its entirety, to read as follows:
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"§ 27104.2 [sic] (codified as 27106.2) Members.
The Women's Issues Commission shall consist of seven (7)
members, each of whom shall have the qualifications
hereinafter set forth. All members shall be appointed by the
Mayor with the approval of a majority of the entire City
Council present, including the Mayor. The tenure of any
member of the Commission shall be terminable at any time
by removal by the Mayor with the approval of a majority of
the entire City Council present, including the Mayor. Subject
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to the provisions of this Section, the tenure of Commission
members appointed on or after April 18, 2002, 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 Mayor with the approval ,
of a majority of the entire City Council present, including the
� Mayor and has qualified unless the City Council declares the
position to be vacant. Should any vacancy exist on the
Commission, an appointment shall be made by the Mayor
with the approval of a majority of the entire City Council
present, including the Mayor. All appointments shall be
made in an open meeting of the City Council."
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Section 16. Public Relations Commission: Section 27105.2, entitled
"Members," of the Carson Municipal Code shall be amended, in its entirety, to
read as follows:
"§ 27105.2 Members.
;► The Public Relations Commission shall consist of seven (7)
members, each of whom shall have the qualifications
hereinafter set forth. All members shall be appointed by the
Mayor with the approval of a majority of the entire City
Council present, including the Mayor. The tenure of any
member of the Commission shall be terminable at any time
by removal by the Mayor with the approval of a majority of
the entire City Council present, including the Mayor. Subject
to the provisions of this Section, the tenure of Commission
members appointed on or after February 7, 2002, 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 Mayor with the approval
of a majority of the entire City Council present, including the
Mayor and has qualified unless the City Council declares the
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position to be vacant. Should any vacancy exist on the
Commission, an appointment shall be made by the Mayor
with the approval of a majority of the entire City Council
present, including the Mayor. All appointments shall be
made in an open meeting of the City Council." s
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Section 17. Except as expressly modified herein, all other and remaining
provisions of the Carson Municipal Code shall remain unmodified and in full force
and effect.
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Section 18. The City Clerk shall certify to the adoption of this Ordinance, and
shall cause the same to be posted and published in the manner required by law.
PASSED, APPROVED, AND ADOPTED THIS 21s'DAY OF DECEMBER
2004.
MAYOR
ATTEST:
Ha
CITY CLERK
APPROVED AS TO FORM:
Z/6000)
CITY ATTO%NEY
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.
04-1330 passed first reading on December 8, 2004, 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 21st day of December, 2004, and that
the same was passed and adopted by the following roll call vote:
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AYES: COUNCIL MEMBERS: Mayor Dear, Ruiz-Raber and Williams
NOES: COUNCIL MEMBERS: Santarina
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Mayor Pro Tem Calas
City Clerk, City of Carson, C lifornia
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