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HomeMy WebLinkAbout08. PW Committee - Ratification of Bylaws AGENDA MEMO DATE: November 9, 2010 TO: Mayor and Members of the City Council FROM: Office of the City Manager By: John Oskoui, P.E., Director of Public Works SUBJECT: PUBLIC WORKS COMMITTEE – RATIFICATION OF BYLAWS RECOMMENDATION: That the City Council ratify the Bylaws for the Public Works Committee. BACKGROUND: On April 27, 2010, the City Council adopted Ordinance No. 10-1258 which amended Article II Administration of Chapter 4 Departments Boards and Commissions dissolving the Health and Environmental Sanitation Committee, the Traffic Committee and the Water Board. In their place, the three Public Works related Committees and Board were consolidated into one new Public Works Committee. The new Public Works Committee meets at 4:00 p.m. in the second floor training room in City Hall on the third Thursday of each month. Agendized and publicly noticed meetings have been held in the months of September and October. At the September 16, 2010 meeting, Maria Larkin, one of the representatives from Council District 4, was elected Chairperson, and Joan Frey, one of the representatives from Council District 3, was elected Vice-Chairperson. The first item of business following the election of the officers was the discussion of the Public Works Committee By-laws, a draft of which was distributed to the Committee members in the meeting packets the previous week. Following a brief discussion, the item was continued to the October 21, 2010 meeting. DISCUSSION: At the October 21, 2010 Committee meeting, the comments and proposed revisions to the By-laws were discussed, and the Public Works Committee voted to adopt the Bylaws with the proposed changes. The attached Public Works Committee Bylaws include the changes approved by the Public Works Committee. FINANCIAL IMPACT: There is no financial impact associated with the ratification of the Public Works Committee Bylaws. Attachment: Public Works Committee Bylaws S:\AgendaMemosCC2010\11-09-10\Ratify Public Works Committee Bylaws CITY OF DOWNEY, CALIFORNIA BYLAWS FOR THE PUBLIC WORKS COMMITTEE OF THE CITY OF DOWNEY, CALIFORNIA ARTICLE I NAME The name of this Committee shall be the Public Works Committee of the City of Downey, California. ARTICLE II OBJECT The object of this Committee shall be to advise the Mayor and City Council in matters relating to public works, capital improvement programs, public utilities, traffic and transportation, and solid waste and hazardous waste disposal as directed by the City Council, and shall perform such other duties as may be directed by City Council. ARTICLE III MEMBERS Section 1. The Committee shall be made up of ten members. Each member of the City Council shall appoint two Committee members, both of whom may be from outside the respective Councilmember’s district. Section 2. The Officers of the Public Works Committee shall consist of a Chairperson and Vice-Chairperson. Section 3. The Chairperson shall preside at all meetings and hearings of the Public Works Committee and shall have the duties normally conferred by parliamentary usage on such an officer. The Chairperson shall have the privilege of discussing all matters before the Public Works Committee and to vote thereon. Section 4. The Vice-Chairperson shall act as the Chairperson in his or her absence. Section 5. In the absence of both the Chairperson and Vice-Chairperson, the members present at such meeting may elect a Chairperson pro-tem who shall serve only for the duration of the meeting in which he or she is appointed and shall have all powers of the Chairperson for that meeting. Section 6.Resignation. Any member of the Committee may resign at any time by giving written notice to the City of Downey City Councilmember who appointed the Committee Member. The Councilmember shall inform the City Council and Director of Public Works of the acceptance of the resignation and shall move forward to appoint a replacement. Section 7.Removal. By a two-thirds affirmative vote of the Committee, any member may be recommended to the City Council of the City of Downey for removal because of: A. Failure to participate in the work of the Committee, or B. Absence of a Committee Member from three (3) meetings within a 12-month period without formal consent of the Committee as noted in its official minutes will constitute the voluntary resignation of the absent member and the position will be declared vacant. C. Upon removal of the Committee member by the City Council, the Councilmember from the District represented by the removed Committee member shall move forward to appoint a replacement. Section 8. The Secretary to the Committee shall be the Secretary of the Public Works Engineering Division or that person designated by the Director of Public Works, and who is not a current member of the Public Works Committee. The Secretary shall keep minutes of the Public Works Committee proceedings and transactions, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to correspondence, and perform such other duties for the Public Works Committee as are normally carried out by a Secretary. Section 9. Subcommittees A. The Public Works Committee may establish subcommittees as necessary to carry out the functions and purpose of the Committee. B. The Chair of the Public Works Committee shall make all subcommittee assignments and select the subcommittee chairperson C. Meeting minutes are to be taken at each subcommittee meeting by the Secretary of the Public Works Engineering Division or that person designated by the Director of Public Works, and who is not a current member of the Public Works Committee. Section 10. Brown Act A. Members of the Public Works Committee are subject to all requirements of the Brown Act. ARTICLE IV ELECTION OF OFFICERS Section 1. The Chairperson and Vice-Chairperson shall be elected by and from the members of the Public Works Committee. Election of Chairperson and Vice-Chairperson shall be held at the completion of the August meeting of each year with the newly elected officers to take their seats at the beginning of the September meeting. Section 2. The terms of office for Chairperson and Vice-Chairperson shall be for one year, and thereafter until their respective successors are elected and qualified. Section 3. Vacancies in offices shall be filled immediately by regular election procedure, but for the remainder of the unexpired term only. ARTICLE V MEETINGS Section 1. MEETING TIMES The regular meetings of the Public Works Committee of the City of Downey shall be on the third Thursday of each month at 4:00 p.m., in the City of Downey City Hall, 11111 Brookshire Avenue, Downey, California, provided that whenever the time for holding any of the meetings falls on a holiday, the meeting shall be held on the next business day unless otherwise ordered by the Committee. Section 2. AGENDA A. A written agenda shall be prepared for each regular and adjourned regular meeting of the Committee. B. The agenda must contain a brief general description of each item of business to be transacted or discussed at that meeting. C. Each agenda shall contain a clear statement of the time and location of the meeting, as well as a statement that reports documents relating to each agenda item are on file in the Public Works Administration office and are available for public inspection. D. The agenda shall be posted not less that 72 hours in advance of the regular or adjourned regular meeting to which it relates. E. The agenda shall be posted in a location freely accessible to the public on the City Hall Bulletin Board, Downey Public Library, and Barbara J. Riley Community and Senior Center. The person posting the agenda shall complete and sign a certificate of posting. F. In addition to other notice requirements, the call and notice of a special meeting shall be posted at the locations specified in subparagraph “E.” Where feasible, an agenda shall be prepared for the special meeting in accordance with the procedures described in this paragraph. G. Emergency meetings pursuant to Government Code Section 54956.5 and other applicable law can be held without complying with the agenda requirements of this paragraph. H. The Committee shall not take any action on any item which does not appear on the posted agenda except as follows in accordance with the Governmental Code Section 54956.5. 1. Emergency Situation An emergency situation is defined as a work stoppage or other activity which severely impairs public health, safety, or both. Before proceeding to act upon an emergency item not appearing on the agenda, the Committee must, by a majority vote, determine that an emergency situation exists and that prompt action is required by the Committee. The Committee shall include in the minutes of its meeting the facts upon which it relied in finding the existence of an emergency situation. 2. "Subsequent Need" Item The Committee may act upon an item not appearing on the agenda if it finds, by a two-thirds vote, or by a unanimous vote if less than two-thirds (but more than a quorum) of its members are present, that the need to take action on the non-agenda item is required because the need to act arose after the posting of the agenda. If such a determination is to be made, a statement of facts upon which the determination is based shall be included in the minutes supporting the action taken. 3. Held Over Item Items not appearing on the posted agenda may be acted upon at a meeting if: (a) the item appeared on a properly posted agenda for a previous meeting; and (b) the previous meeting occurred not more than five calendar days prior to the date of the meeting at which the item is proposed to be considered; and (c) the item was continued from the previous meeting to the meeting at which said action is proposed to be taken. Section 3. Special Meetings may be called at any time by the Chairperson or by a majority of the Public Works Committee by appropriate notice to the members of the Committee and to the media. The call and notice of the meeting shall provide the time, place and date of such meeting and the business to be transacted. The Secretary shall post an agenda of the Special Meeting at least 24 hours prior to said meeting. Section 4. If for any reason the business to be considered at any regular, or adjourned regular, special, or adjourned special meeting, cannot then be completed, the Committee may at such meeting designate the time for an adjourned meeting to consider any matter than can properly be considered at such meeting, and the notice of an adjourned meeting shall be posted in the manner required by Article III, Section 1 and 2 of these By-Laws. With respect to members not present, it shall be the duty of the Secretary to employ such reasonable means as may be necessary to notify the absent members. Section 5. All meetings of the Committee shall be public meetings in accordance with the Brown Act and shall be open to the public at all times, and all persons shall be permitted to attend such meetings. The provisions of this Section shall not apply to those matters that occur in closed sessions as outlined by the Brown Act. Section 6. Appearance of a Committee Member before the Public Works Committee. After a Committee Member has disqualified himself or herself as a result of a potential conflict of interest, he or she may appear before the Committee during the hearing on the matter and present testimony regarding the matter, provided it is done in the following manner: A. Appears in the same manner as a member of the general public may appear, solely to represent him or herself in a manner relating to his or her personal interest. The official's "personal interests" would include, but not be limited to, an interest in real property wholly owned by the official or his family, a business wholly owned by the official or his family, or a business entity which the official controls. B. When the Committee Member appears before the Public Works Committee as a member of the general public, the testimony given should address how the decision will affect his personal interest. The Committee Member should not present testimony in a manner such as he/she is acting as a representative of other persons in the community, and should not bring forth matters beyond these personal interests. C. The Committee Member may have a representative speak on his or her behalf; once again the testimony given should be limited to how the decision relates to the public official's personal interest. Section 7. Unless a reading in full of the minutes of a committee meeting is requested by a member, such minutes (if the Committee has previously been furnished a copy) may be approved without reading. ARTICLE VI ORDER OF BUSINESS Section 1. The order of business for regular meetings shall be: A. Call To Order B. Roll Call C. Presentations D. Minutes E. Agenda Changes F. Oral Communications G. Consent Calendar Items -- Items in this section will be voted on in one motion unless a Committee member or a citizen requests a separate action. Anyone wishing to discuss a consent calendar item should first be recognized by the Chairperson and then state their name, address, and the agenda item number. Furthermore, any consent calendar item that is removed from the agenda will be considered by the Committee following the hearing items. H. Hearing(s) I. Items Removed From Consent Calendar J. Other Business and Items For Future Agendas K. Public Works Committee Member Comments L. Staff Member Comments M. Adjournment N. Supporting data for items included in the Agenda shall be made available for public review and inspection in the Office of the Public Works Administration during regular workday hours between 7:30 a.m. and 5:30 p.m. Section 2. The order of business for special meetings shall be: A. Roll Call B. Staff Presentations C. Hearings D. Special Business E. Oral Communications F. Adjournment Section 3. The order of business of any meeting may be changed by the Chairperson with the approval of a majority of a quorum of the Committee. ARTICLE VII HEARINGS Section 1. In order to expedite the hearings on any petition, application, or appeal, the time for such hearings shall be set for 4:30 p.m., unless otherwise specified by the Chairperson or the Committee. The Secretary shall cause notice thereof to be given as required by the applicable law. Section 2. The procedure for hearings shall conform as nearly as possible to the following outline: A. Chairperson declares the hearing open and with the consent of a quorum of the Committee, may establish a maximum period of time for public testimony during the hearing. B. Public Works Department presents the case and factual information. C. Chairperson calls on applicant and those favoring the application. Each person speaking shall state for the record his or her name and address. D. Chairperson calls on those protesting the application. Each person speaking shall state for the record his or her name and address. E. Chairperson gives applicant time for rebuttal of protests. F. Chairperson asks for Public Works Department recommendation. G. Chairperson declares the hearing closed when members of the Public Works Committee indicate they have heard all pertinent testimony. After the hearing is closed, no additional substantive testimony may be given; however, the Committee may clarify information which has been received into the public record by directing questions to its staff or the public, provided that such clarifications are made at the same meeting and immediately following the closure of the hearing. H. Public Works Committee takes action. Section 3. A. The Public Works Committee agenda will note that the Public Works Committee shall recess the regular meeting at 5:30 p.m. At this time, Staff will evaluate the agenda to see what items remain and if any new items will be heard beyond 6:00 p.m. If it is determined that the remaining items on the agenda will go beyond the 6:00 p.m. time period, Staff will confer with the various applicants as to the urgency of the items to be heard that evening, and will then give this information to the Chairperson. The Committee will then determine which items need to be considered and those items that may be continued to a future meeting. B. Upon receiving information about the urgency of those items that will go beyond the 6:00 p.m. time period, the Chairperson of the Public Works Committee will take those items to be continued at the meeting out of sequence, and then order that the remaining items shall be tabled until the next designated scheduled meeting date, with the understanding that Staff shall place those items first on the agenda. C. The 5:30 p.m. recess will be adhered to as closely as possible. However, if there is a hearing in process, that hearing will be allowed to be completed, and provisions “A” & “B” above will be conducted by Staff while the meeting proceeds accordingly. D. A hearing before the Public Works Committee which for any reason cannot be completed at the time and place originally advertised may be continued to a later date, and an announcement of the time, place, and date of such continued hearing shall constitute sufficient notice to all parties concerned. Section 4. In addition to hearings required by law, the Public Works Committee may, at its discretion, hold hearings on any matters when the Committee decides that such hearings will be in the public interest. Section 5. A. Persons may address the Committee only on items pertaining to the subject matter under the jurisdiction of the Committee. A determination of whether an item is appropriate for discussion shall be made by the Chairperson with the consent of a quorum of the Committee. B. The Committee will hear the non-agenda items during the Oral Communications portion of the meeting. C. Persons addressing the Committee during the Oral Communications portion of the meeting shall be limited to three (3) minutes, unless the time is extended by the Chairpersons with the consent of a quorum of the Committee. ARTICLE VIII QUORUM Section 1. Six (6) members of the Committee shall constitute a quorum for the conduct of business, and the vote of a majority of the members at a meeting where a quorum is present shall determine the act of decision or other law except where six (6) votes are required by applicable ordinance. Section 2. In the event of the lack of quorum at a meeting, the Chairperson or Vice- Chairperson, or Chairperson Pro-tem, in that order, shall adjourn the meeting to another time, place, and date, and such adjournment shall serve as sufficient notice thereof to all matters whether present at such meeting or not. With respect to members not present, it shall be the duty of the Secretary to employ such reasonable means as may be necessary to notify the absent members. The Secretary may adjourn a meeting where no Committee Members are present, provided that if the meeting is adjourned to a time other than the next regular meeting, notice of the meeting shall be given as if the meeting were a special meeting. Section 3. The Chairperson and every member of the Committee present shall vote upon every issue unless abstaining for a reason given; provided, that when a hearing has been held on an issue and testimony has been taken, no member not present at such hearing shall vote upon such issue unless he has first read a transcript or heard a tape recording of the testimony and proceedings during the hearing. ARTICLE IX PARLIAMENTARY PROCEDURE Section 1. Robert’s Rules of Order shall govern in the conduct of Committee Meetings in all cases to which they are applicable and in which they are not inconsistent with these Rules and Regulations or any applicable statute or ordinance of the City. ARTICLE X AMENDMENTS AND SUSPENSIONS Section 1. These Rules and Regulations may be amended at any regular or special meeting by an affirmative vote of not less than seven (7) members of the Public Works Committee. Section 2. The Public Works Committee may suspend any of these rules and regulations only for the duration of the meeting at which time they are suspended by a unanimous vote of all members present at such meeting. ARTICLE XI COMMITTEE AUTHORITY Section 1. Failure of the Committee to follow the procedures established by these Bylaws shall not invalidate or otherwise affect any action of the Committee. Section 2. These By-Laws in no way modify, amend, or suspend the Committee's or individual Committee member’s obligations pursuant to the Political Reform Act, Open Meeting Law, or other applicable statute of statewide concern. These By-Laws shall be construed to remain consistent with such statutes, as they may be amended from time to time. st APPROVED by the Public Works Committee this 21 day of October, 2010. _____________ Maria Larkin, Chairperson Public Works Committee ATTEST: Gigi Rodriguez, Secretary Public Works Committee th RATIFIED this 9 day of November, 2010. ______________________________ ANNE M. BAYER, Mayor ATTEST: _______________________________ KATHLEEN L. MIDSTOKKE, City Clerk I HEREBY CERTIFY that the foregoing Bylaws were ratified by the City Council th of the City of Downey at a regular meeting thereof held on the 9 day of November, 2010, by the following vote, to wit: AYES: Council Members NOES: Council Members ABSTAIN: Council Members ABSENT: Council Members _______________________________ KATHLEEN L. MIDSTOKKE, City Clerk