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HomeMy WebLinkAbout2017-021 - Environmental and Transportation Advisory Committeejmf 511117 RESOLUTION NO. 2017-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE WHEREAS, on December 20, 2016, Ordinance NS -2910 governing the roles and duties of the Environmental and Transportation Advisory Committee (ETAC) was presented to the City Council for its first reading. WHEREAS, on December 20, 2016, the City Council directed revisions to Ordinance NS -2910 as presented for first reading whereby the role and duties of ETAC would include acting in an advisory capacity to the City Council in matters related to trees in the public right of way and also in matters related to master planning of transportation and streetscape and guiding principles on Water and Wastewater. WHEREAS, on January 17, 2017, Ordinance NS -2910 was presented to the City Council in its final form for its second reading and was approved, becoming effective thirty days following approval. WHEREAS, a companion set of revised bylaws were developed in conjunction with Ordinance NS -2910 but could not be considered until the ordinance was in full effect. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The revised bylaws for the Environmental and Transportation Advisory Committee, attached as Exhibit A, are hereby approved. Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2017-021 Page 1 of 7 ADOPTED this 16" day of Kay, 2017. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Jobg M. Funk Assistant City Attorney AYES: Councilmembers Benavides Martinez Sarmiento Solorio Ville as 5 NOES: Councilmembers None 0 ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Pulido Tina'ero (2 CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017-021 to be the original resolution adopted by the City Council of the City of Santa Ana on May 16, 2017. Date: n/� alhloi Resolution No. 2017-021 Page 2 of 7 L-2--) 1 F J l Maria D. Huizar Clerk of the Council City of Santa Ana Exhibit A THE SANTA ANA ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE BYLAWS ARTICLE I — THE COMMITTEE jmf 5!1!17 SECTION 1. Name of Committee. The name of the Committee shall be the Santa Ana ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE. SECTION 2, Duties of the Chair. The chair shall be an officer of the committee and preside at all the meetings of the Committee, authorize calls for any special meetings subject to the availability of Public Works Agency staff, and execute all documents authorized by the Committee. SECTION 3. Duties of the Vice -Chair. The vice -chair shall be an officer of the committee and perform the duties of the chair in the absence or incapacity of the chair; and in the case of the resignation or death of a chair, the vice- chair shall perform duties as are imposed on the chair until such time as the Committee shall elect a new chair. SECTION 4. Recording Secretary. The Executive Director of the Public Works Agency shall appoint an employee to serve as Recording Secretary of the Committee, who shall issue notice of all regular and special meetings, and shall perform such duties as are generally associated with that office. SECTION 5. Additional Duties of Committee Officers. The officers of the Committee shall perform such other duties and functions as may from time to time be required by the Committee, the Santa Ana Municipal Code, the bylaws, or rules and regulations of the Committee. SECTION 6. Appointment/Removal. Committee Members shall be subject to appointment and removal, and shall serve terms in accordance with section 901 of the Charter of the City of Santa Ana. ARTICLE II — COMMITTEE OFFICERS SECTION 1. Selection and Term of Officers. The Committee shall have two elected offices: Chair and Vice Chair. The chair and vice -chair shall be elected during the month of June in each calendar year and shall take office effective the first day of July following each said election. Nominations for officers shall be made in person. In the event of a vacancy in the office of chair or vice -chair, the Committee shall elect one of its members to the unexpired term. Resolution No. 2017021 Page 3of7 SECTION 2. Absence of Chair and Vice -Chair. In the event that both the Chair and Vice Chair are absent from the same meeting of the Committee, the Committee shall, as the first order of business, nominate a member to serve as Chair pro tem for the meeting. ARTICLE III — MEETINGS SECTION 1. Time and Place. A. Regular Meetings. Regular meetings of the Committee may be held as frequently as monthly, on the second Tuesday of the month, held at Room 1600, City Hall Annex, 20 Civic Center Plaza, Santa Ana, at 7:30 a.m., or, in the event that Room 1600 is not available, in a suitable available alternate location as decided by the Committee. In the event any regular meeting falls on a holiday, the regular meeting may be held on the next business day at a time designated by the chairperson. A regular meeting may be adjourned to a time and place designated by the chairperson. B. Special Meetings. Special meetings may be called at the direction of the Chairperson, or by a majority of the Committee members subject to the availability of Public Works Agency staff. SECTION 2. Quorum. More than one half of the members shall constitute a quorum for the purpose of conducting the Committee 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. SECTION 3. Order of Business. At the regular meetings of the Committee, the. following will be the order of business: 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Public Comments (Agenda Items) 5. Consent Calendar 6. Business Calendar 7. Work Study Session (if any) 8. Public Comments (Non Agenda Items) 9. Staff Member Comments 10. Committee Member Comments SECTION 4. Resolutions. All written resolutions shall be designated by number, reference to which shall be inscribed in the minutes and an approved copy shall be filed in the official Book of Resolutions of the Committee. SECTION 5. Ad -Hoc Committees, The Chair, in consultation with the Committee, may appoint ad-hoc committees created for a specific task on an as -needed basis to Resolution No. 2017-021 Page 4 of 7 jmf 511/17 study a specific topic or subject and return to the full Committee with a recommendation. SECTION 6. Committee Member Absences. If a member of the Committee absents himself or herself from two (2) regular meetings of the Committee, consecutively, unless by permission of the Committee expressed in its official minutes, or fails to attend at least one-half (112) of the regular meetings of the Committee within a calendar year, or is convicted of a crime involving moral turpitude, or ceases to be a qualified elector of the city [except that members representing the Chambers of Commerce shall not be required to be qualified electors of the City], the office shall become vacant and shall be so declared by the city council. A notification of nonattendance to the Recording Secretary by either e-mail, telephone or through message relayed by staff or other Committee member may be deemed as an "excused absence" after consideration and vote of a majority of the Committee. Failure to give notification of non-attendance as described herein shall be deemed as "unexcused." SECTION 7. Abstentions and Conflicts of Interest. No member of the Committee shall abstain from any vote unless disqualified. If a member of the Committee feels that he/she is disqualified from voting, the member shall openly state the fact and the nature of the disqualification, and then leave the room during the matter's debate and vote. SECTION 8. Discussion. Each Committee member may speak for five minutes on an agenda item, if he/she desires. Once all Committee Members have had the opportunity to speak, a Committee Member may speak again when recognized by the chair. SECTION 9. Brown Act Compliance. All proceedings of the Committee shall be conducted in accordance with the Ralph M. Brown Act (California Government Code Section 54950 of seq.), as amended from time to time. SECTION 10. Parliamentary Procedures. The current edition of Robert's Rules of Order Newly Revised shall be the authority on all questions of parliamentary procedure, unless in conflict with the Santa Ana Municipal Code, the laws of the State of California or these bylaws. SECTION 11. Amendment of B I� The Bylaws of the Committee shall be amended only with the approval of at least four (4) members of the Committee at a regular or special meeting, but no such amendment shall be adopted unless at least seven (7) days written notice thereof has been previously given to all members of the Committee. Such notice shall identify the section(s) of the bylaws proposed to be amended. ARTICLE IV —ACTION ON ITEMS SECTION 1. Manner of Voting and Decision. The voting on Committee agenda items shall be entered upon the minutes of such meeting with the ayes and the noes Resolution No. 2017-021 Page 5of7 and any abstentions set forth with specificity. No action shall be taken by the Committee unless it is concurred upon and adopted by the affirmative vote of more than one-half of the Committee members present. Any member who voted with the majority on any action may move for reconsideration of such action only at the same meeting. SECTION 2. Order of Voting. When a motion has been made and seconded, the members of the Committee supporting the motion shall indicate their votes verbally or by a show of hands. SECTION 3. Processing of Motions. A motion shall be made and seconded. Any debate, if any, would then follow. If it is likely there may be confusion as to the motion, the chair should ask the Recording Secretary to read from his/her notes. A motion may not be withdrawn by the mover without the consent of the second and the approval of the Committee. SECTION 4. Motion by Chair. The chair has the right to make or second motions and, in his/her absence, when the vice -chair is acting in the same capacity, he/she has the same right, using discretion and tact as to recognition of other members. SECTION 5. Priority of Motion._ When a motion is before the Committee, no motion shall be entertained except (1) to adjourn, (2) to fix hour of adjournment, (3) to lay on the table, (4) for the previous question, (5) to postpone to a certain day, (6) to refer, (7) to amend, and (8) to postpone indefinitely. These motions shall have precedence in the order indicated. SECTION 6. Motion to Approve or Deny. The vote is affirmative when a motion to approve the matter before the Committee is approved by the majority. In the event a motion to deny fails to carry, the chair shall call for a motion to approve. SECTION 7. Tie Vote. In the event of a tie vote on a motion, the Committee shall be deemed to have made no decision, and the Minutes shall reflect the tie vote. SECTION 8. Vote Required on Other Motions. The vote required to decide motions in the affirmative shall be the vote of more than one-half of the members of the Committee present. SECTION 9. Appeal of Decision. Any decision or ruling of the chair may be appealed to the Committee by request of any member and seconded by another. The chair shall then call a vote to see if the chair's decision shall be upheld. SECTION 10. Motion to Reconsider. Any member who voted with a majority may move a reconsideration of any action at the same time or "have entered on the minutes" for vote at the next succeeding meeting. After a motion for reconsideration has once been acted on, no other motion for reconsideration thereof shall be made without unanimous consent. Resolution No. 2017-021 Page 6 of 7 j mf 511117 ARTICLE V - CONDUCT OF PUBLIC HEARINGS SECTION 1, Matters to be Considered. The Committee shall hold public hearings as mandated by law. As to each public hearing, the chair shall state the matter before the Committee, and open the public hearing. Staff presents a report, and then the chair shall then recognize any members of the public wanting to speak with regard to the matter. SECTION 2. Time Limit to Address Committee. No person addressing the Committee shall speak more than three (3) minutes. All persons addressing the Committee shall be recognized by the chair and shall state their name and address prior to speaking. SECTION 3. Closing the Hearing. After all speakers have been heard, the chair shall declare the hearing closed. A closed hearing may be reopened only on motion and vote as hereinafter provided. After close of the hearing, members of the Committee may publicly discuss the matter before them and may ask questions of persons who have spoken before the Committee. Upon conclusion of the discussion, the chair shall ask for a motion declaring the decision of the Committee. The motion shall be made and seconded. Prior to a vote, the motion may be discussed by members of the Committee. ARTICLE VI — POWERS AND DUTIES OF THE COMMITTEE SECTION 1. As more fully described by Santa Ana Municipal Code section 33-184, the duties of ETAC shall consist of acting in an advisory capacity to the City Council, in the study, review, and recommendation with regard to the removal, planting, replanting or disposition of public trees along city streets in the public right of way. SECTION 2. As more fully described by Santa Ana Municipal Code section 33-184, the duties of ETAC shall also consist of acting in an advisory capacity to the Executive Director of the Public Works Agency, in the study, review, and recommendation with regard to transportation issues, streetscape issues, and general water and wastewater policies Resolution No, 2017-021 Page 7 of 7