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HomeMy WebLinkAboutOrdinance 411 CERTIFICATION I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct original of Ordinance No. 411 adopted by the Atascadero,City Council at a regular meeting thereof held on March 11, 2003, and that it has been duly published pursuant to State Law. DATED: —';1—Y ©'� Marcia McClure Torgerson City Clerk City of Atascadero, California ORDINANCE NO. 411 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION 2-9.02 OF THE ATASCADERO MUNICIPAL CODE RELATING TO THE APPOINTMENT OF PLANNING COMMISSION MEMBERS AND REVISING SECTION 2-13.03 OF THE ATASCADERO MUNICIPAL CODE RELATING TO THE APPOINTMENT OF PARKS AND RECREATION COMMISSION MEMBERS WHEREAS, the City Council of the City of Atascadero has previously adopted codes for the appointment of members to the Planning Commission and to the Parks and Recreation Commission; and WHEREAS, the City Council of the City of Atascadero finds that the following changes to the Atascadero Municipal Code are reasonably necessary to promote the health, safety and welfare of the citizens of Atascadero. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO does ordain as follows: Section 1. Atascadero Municipal Code section 2-9.02 is amended to read as follows: 2-9.02 Members: Appointment: Terms of office. The City Council shall appoint members of the Planning Commission as follows: Two (2) members shall be appointed by a majority vote of the entire Council. Those two positions shall be appointed for terms of two years commencing January 1, 2005 and expiring December 31, 2006. Except as modified below, the remaining five (5) members shall be directly appointed.by each individual City Council Member in the December following the election at which the City Council member is elected. The terms of appointment for the directly appointed members of the Planning Commission shall be four years and expire on December 31, or until the appointing Council Member vacates office. Appointments may be made after the commencement of a term to fill a vacancy or removal, in which case the term of office shall be for the balance of the unexpired term. In the event that a member at large (appointed by a majority vote of the entire Council) resigns or is removed, the vacancy shall be filled by a majority vote of the entire City Council. In the event that a member directly appointed by a City Council Member resigns or is removed, the vacancy shall be filled by the individual City Council Member that made the appointment of the resigning or removed Planning Commission Member. All members shall serve at the pleasure of the City Council and may continue to serve after expiration of the stated term, with the approval of the City Council, until such time as a successor is selected according to the procedures set for the above. Section 2. Atascadero Municipal Code section 2-13.03 is amended to read as follows: 2-13.03 Members: Appointment: Terms of office. City of Atascadero Ordinance No.411 Page 2 of 3 The City Council shall appoint members of the Parks and Recreation Commission as follows: Two (2) members shall be appointed by a majority vote of the entire Council. Those two positions shall be appointed for terms of two years commencing January 1, 2005 and expiring December 31, 2006. Except as modified below, the remaining five (5) members shall be directly appointed by each individual City Council Member in the December following the election at which the City Council member is elected. The terms of appointment for the directly appointed members of the Parks and Recreation Commission shall be four years and expire on December 31, or until the appointing Council Member vacates office. Appointments may be made after'the commencement of a term to fill a vacancy or removal, in which case the term of office shall be for the balance of the unexpired term. In the event that a member at large (appointed by a majority vote of the entire Council) resigns or is removed, the vacancy shall be filled by a majority vote of the entire City Council. In the event that a member directly appointed by a City Council Member resigns or is removed,the vacancy shall be filled by the individual City Council Member that made the appointment of the resigning or removed Commission Member. All members shall serve at the pleasure of the City Council and may continue to serve after expiration of the stated term, with the approval of the City Council, until such time as a successor is selected according to the procedures set for the above. Section 3. All other provisions and sections of the Atascadero Municipal Code in effect on the days preceding the passage of this ordinance shall remain in full force and effect upon passage of this ordinance. Section 4. This ordinance shall not be interpreted in any manner in conflict with controlling provisions of State law, including without limitation, the Constitution of the State of California. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be effected thereby. Section 5. Within fifteen (15) days after passage, the City Clerk shall cause this ordinance to be published one time in a newspaper of general circulation in the City. This ordinance is to become effective thirty (30) days from the date of adoption. PASSED, APPROVED AND ADOPTED THIS 11TH DAY OF MARCH, 2003, by the following vote: AYES: Council Members Luna, O'Malley, Pacas, Scalise and Mayor Clay NOES: None ABSTAIN: None ABSENT: None City of Atascadero Ordinance No.411 Page 3 of 3 C ,,I e y L. 1 y, Sr., Mayor ATTEST: )R� M _ l Marcia McClure Torgerson, City Cler APPROVED AS TO FORM: Roy A. anley, City Attorn y