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HomeMy WebLinkAbout2004 078 CC RESO2004 078 CC RESO¬Ù€RRESOLUTION NO. 2004-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE BYLAWS FOR THE CULTURAL ARTS COMMISSION WHEREAS, on September 1, 2004 the City Council of the City of Baldwin Park approved and adopted Ordinance 1245 establishing a Cultural Arts Commission; and WHEREAS, the adoption of bylaws is necessary in order to conduct the business of the Cultural Arts Commission; and NOW, THEREFORE. IT IS HEREBY RESOLVED by the City Council of the City of Baldwin Park as follows; SECTION 1. The Bylaws of the Cultural Arts Commission attached hereto as Exhibit A" and made a part hereof, are hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. APPROVED and ADOPTED this 201 Mantj^LozancT Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, Kathleen Sessman. Deputy City Clerk, of the City of Baldwin Park. do hereby certify that the foregoing Resolution 2004-078 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council held on October 20, 2004, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCIL MEMBERS: b^^X/lLf Jl^lY)^^ Kathleen R Sessman Deputy City Clerk Marlen Garcia. David J. Olivas, Bill Van Cleave. Mayor Pro Tern Ricardo Pacheco and Mayor Manuel Lozano None None None BIB] 38308-U01 2004-U02 078-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO56814-U03 C6-U03 RESO-U03 11/16/2004-U04 ROBIN-U04 2004 078 CC RESO¬Ù€REXHIBIT A" BYLAWS FOR THE CULTURAL ARTS COMMISSION OF THE CITY OF BALDWIN PARK, CALIFORNIA BIB] 38308-U01 2004-U02 078-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO56814-U03 C6-U03 RESO-U03 11/16/2004-U04 ROBIN-U04 2004 078 CC RESO¬Ù€RTABLE OF CONTENTS ARTICLE I........................................................................................................... 1 SECTION 100. THE COMMISSION................................................................ 1 Section 101. Name of the Commission........................................................ 1 Section 102. Commissioners....................................................................... 1 Section 103. Business Offices of the Commission....................................... 1 ARTICLE II.......................................................................................................... 1 SECTION 200. OFFICERS OF THE COMMISSION....................................... 1 Section 201. Designation of Officers............................................................ 1 Section 202. Terms of Officers..................................................................... 2 Section 203. Duties of Officers..................................................................... 2 Section 204. Compensation for Commissioners and Officers...................... 2 ARTICLE III......................................................................................................... 2 SECTION 300. EMPLOYEES, AGENTS, AND CONSULTANTS.................... 3 Section 301. Appointment of Employees. Agents and Consultants.............. 3 Section 302. Compensation of Employees, Agents and Consultants........... 3 ARTICLE IV......................................................................................................... 3 SECTION 400. GENERAL............................................................................... 3 Section 401. Authority to Bind Commission................................................^ Section 402. Contracts, Deeds and Other Documents................................. 3 Section 403. Payment of Money, Notes or other Indebtedness........-.-..--....- 3 ARTICLE V.......................................................................................................... 4 SECTION 500. MEETINGS.........................................-.................................^ Section 501. Regular Meetings.................................................................... 4 Section 502. Special Meetings..................................................................... 4 Section 503. Closed Sessions..................................................................... 4 Section 504. Meetings to be Open and Public............................................. 4 Section 505. Quorwn................................................................................... 4 Section 506. Order of Business................................................................... 5 ARTICLE VI........................................................................................................ 5 SECTION 600. DUTIES AND OBLIGATIONS OF THE COMMISSION 5 ARTICLE VII....................................................................................................... 5 SECTION 700. AMENDMENT OF THE BYLAWS 5 BIB] 38308-U01 2004-U02 078-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO56814-U03 C6-U03 RESO-U03 11/16/2004-U04 ROBIN-U04 2004 078 CC RESO¬Ù€RCULTURAL ARTS COMMISSION OF THE CITY OF BALDWIN PARK, CALIFORNIA BYLAWS ARTICLE I SECTION 100. THE COMMISSION Section 101. Name of the Commission The name of the Commission shall be the Cultural Arts Commission of the City of Baldwin Park, California." Section 102. Commissioners The City Council of the City of Baldwin Park has by Ordinance No. 1245 declared itself to be the Commission. The Commissioners shall be the members of the City Council as that body is constituted and shall remain Commissioners only so long as said Members remain on the Council, and new members of the City Council shall automatically become Commissioners. Section 103. Business Offices of the Commission The business offices of the Commission shall be located at City Hall, 14403 E. Pacific Avenue, Baldwin Park, California 91706 ARTICLE II SECTION 200. OFFICERS OF THE COMMISSION Section 201. Designation of Officers The officers of the Commission shall be the Chairperson and the Vice Chairperson. The Chairperson of the Commission shall be the City's Mayor and the Vice Chairperson shall be the City's Mayor Pro Tern. The Commissioners may appoint such other officers permanent or temporary) as may be appropriate. The Commissioners may fix and determine the qualifications, duties and compensations of Commission officers. Page 1 BIB] 38308-U01 2004-U02 078-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO56814-U03 C6-U03 RESO-U03 11/16/2004-U04 ROBIN-U04 2004 078 CC RESO¬Ù€RThe Community Development Director of the City of Baldwin Park shall be the Executive Director of the Commission. The Executive Director is charged with the administration, management, and general supervision of the business and affairs of the Commission. The Secretary of the Commission shall be the City Clerk. Services to be rendered to the Commission are to be supplied by City employees as required. The Secretary shall keep and maintain records of the Commission and minutes of the Commission meetings. The secretary shall also perform all other duties incident to the office of Secretary. The City Treasurer or his/her designee shall be the Treasurer of the Commission and shall have the care and custody of all monies and securities of the Commission, and shall make payments from the Commission Treasury only when approved by proper officers and otherwise. The Treasurer shall render to the Commission, whenever, requested, a Treasurer's report of his/her activities. Section 202- Terms of Officers The Commission officers shall hold such offices for the duration of their term as Mayor or Mayor Pro Tern. Other officers' terms shall coincide with and be for no longer than the terms of the remaining Councilmembers. Section 203. Duties of Officers The Chairperson shall preside at Commission meetings and perform such other duties as are appropriate. The Vice Chairperson, in the absence or incapacity of the Chairperson, shall perform the duties of the Chairperson and if the Chairperson's position becomes vacant, then the Vice Chairperson shall perform the duties of the Chairperson until a new Mayor of the City of Baldwin Park is named and automatically becomes the Chairperson of the Commission. Section 204- Compensation for Commissioners and Officers Commissioners and Officers shall receive a per meeting stipend of $50.00. Page 2 BIB] 38308-U01 2004-U02 078-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO56814-U03 C6-U03 RESO-U03 11/16/2004-U04 ROBIN-U04 2004 078 CC RESO¬Ù€RARTICLE III SECTION 300. EMPLOYEES, AGENTS, AND CONSULTANTS Section 301. Appointment of Employees, Agents and Consultants The Commissioners may, from time to time, establish such positions and select and appoint such agents and consultants, permanent and temporary, as it may require and determine their qualifications, duties and compensation. The Commission shall not have any employees, but the City's Community Development Director may hire new or designate existing City employees to serve the Commission as staff. Section 302. Compensation of Employees, Agents and Consultants With the City Council's approval, the Commission may fix and determine the compensation of all Commission agents and consultants. City staff hired or designated to serve as Commission staff shall be paid as City employees in accordance with City procedures and policies and the Commission shall reimburse the City for those costs. ARTICLE IV SECTION 400. GENERAL Section 401. Authority to Bind Commission No Commissioner, officer, agent or staff member of the Commission, without prior authority by a vote of the Commissioners, shall have any power or authority to bind the Commission by any contract, to pledge it credits, or to render it liable for any purpose in any amount. Section 402. Contracts. Deeds and Other Documents The Chairperson, or in his/her absence the Vice Chairperson or Executive Director, shall execute on behalf of the Commission all contracts, deeds and other documents and instruments as authorized by a majority of the Commissioners. Nothing herein contained shall prohibit or be construed to prohibit the Commissioners or the Executive Director from authorizing any other officer or agent of the Commission to so execute such instruments and documents. Section 403. Payment of Money. Notes or other Indebtedness All checks, drafts or other orders for the payment of money, notes or other evidence or indebtedness issued in the name of or payable to the Commission shall be signed or endorsed by such person or persons and in such a manner as from time-to-time shall be determined by the Commissioners. Page 3 BIB] 38308-U01 2004-U02 078-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO56814-U03 C6-U03 RESO-U03 11/16/2004-U04 ROBIN-U04 2004 078 CC RESO¬Ù€RARTICLE V Section 500. Meetings Section 501. Regular Meetings Regular meetings may be held with notice in the City Council Chambers at City Hall, 14403 E. Pacific Avenue, Baldwin Park, California or another place established by Commissioners) the first and third Wednesday of each month immediately following the City Council meetings. Section 502. Special Meetings A special meeting may be called at any time by the Chairperson or upon the written request of the Commissioners by delivering, personally or by mail, written notice to each Commissioner and to each person or entity entitled by law to receive such notices. Such notice must be delivered personally or by mail at least 24 hours before the time of such a meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and business to be transacted. No other business shall be considered at such meetings by the Commissioners. Such written notice may be dispensed with as to any Commissioner who at or prior to the time the meeting convenes files with the Secretary of the Commission a written waiver of notice. The waiver may also be dispensed with as to any Commissioner who is actually present at the time it convenes. Special meetings must conform to the requirements of the Ralph M. Brown Act, as may be amended from time to time. Section 503. Closed Sessions Nothing contained in these Bylaws shall be construed to prevent the Commissioners from holding closed sessions, as that term is defined in the Ralph M. Brown Act, during a regular or special meeting concerning any matter permitted by law to be considered in a closed session. Section 504. Meetings to be Open and Public All meetings of a majority or more of the Commissioners to take action or to deliberate concerning Commission business and its conduct shall be open and public to the extent required by law. All persons shall be permitted to attend any such meetings except as otherwise permitted by law. Section 505. Quorum A majority of the Commissioners shall constitute a quorum for the purpose of conducting its business, exercising its powers, and for all other purposes. A smaller number of Commissioners may adjourn a meeting from time-to-time until a quorum is present. Page 4 BIB] 38308-U01 2004-U02 078-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO56814-U03 C6-U03 RESO-U03 11/16/2004-U04 ROBIN-U04 2004 078 CC RESO¬Ù€RAction may be taken by the Commission only upon a vote of the majority of the total number of Commissioners present provided a quorum exists, unless local or state law requires more than a simple majority vote of the Commission. Section 506. Order of Business The following shall be the general order of business at Commission meetings: 1. Public Communications 2. Consent Calendar 3. Reports of Officers 4. Discussion Items 5. Commission Comments 6. Adjournment At any meeting, the Commissioners, by a vote of a majority of the Commissioners, may change the order of business. ARTICLE VI SECTION 600. DUTIES AND OBLIGATIONS OF THE COMMISSION The Commission shall undertake the duties and obligations delegated by the City Council consistent with the statutes and the legislative history of the Cultural Arts Commission formation pursuant to Ordinance 1245. Other programs that would render the operations of the Commission more efficient and assist in the development of cultural and artistic assets may also be delegated to the Commission. ARTICLE VII SECTION 700. AMENDMENT OF THE BYLAWS The Bylaws shall be amended only with the approval of at least a majority of the Commissioners meeting and the City Council, but no amendment shall be adopted unless at least seven-day written notice of the general nature thereof has been sent previously to all Commissioners. PageS BIB] 38308-U01 2004-U02 078-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO56814-U03 C6-U03 RESO-U03 11/16/2004-U04 ROBIN-U04