HomeMy WebLinkAboutOrdinance 504 CERTIFICATION
I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Ataseadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 504, adopted by the
Ataseadero City Council at a regular meeting thereof held on January 9, 2007, and that it has been
duly published pursuant to State Law.
DATED: �� f��`'.�_�._
Marcia McClure Tor gersop., C.M.C.
City Clerk
City of Ataseadero, California
ORDINANCE NO. 504
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO AMENDING SECTION 2-4.18 AND ADDING SECTIONS
2-9.09 AND 2-13.13 TO THE ATASCADERO MUNICIPAL CODE
RELATING TO THE RELATIONSHIP BETWEEN COUNCIL
AND COMMISSIONERS TO STAFF
WHEREAS, the City Council of the City of Atascadero has previously adopted Atascadero
Municipal Code section 2-4.18 concerning the relationship between the council and staff; and
WHEREAS, the City Council desires to adopt similar provisions for the relationship
between the Planning Commission and the Parks and Recreation Commission and staff, 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. The City Council hereby adopts the recitals contained above as findings to support the
adoption of an ordinance concerning the relationship to the council members and commissioners to
staff.
Section 2. Section 2-4.18 of the Atascadero Municipal Code is hereby amended to read in full as
follows:
2-4.18 Relations to Council.
(a) The City Council and its members shall deal with the administrative services of the City only
through the City Manager, except for the purpose of inquiry, and neither the City Council nor any
member thereof shall give orders to any subordinates of the City Manager. The City Manager shall
take his orders and instructions from the City Council only when sitting in a duly convened meeting
of the City Council, and no individual Council member shall give any orders or instructions to the
City Manager. The City Council shall instruct the City Manager in matters of policy. Any action,
determination or omission of the City Manager shall be subject to review by the City Council. The
City Council may not overrule, change or modify any such action, determination or omission except
by the affirmative vote of at least three (3) members of the City Council.
(b) Council Members shall not attempt to coerce or influence staff in the making of appointments,
the awarding of contracts, the selection of consultants, the processing of development applications,
or the granting of City licenses or permits. Council Members shall not attempt to change or
interfere with the operating policies and practices of any City department.
(c) Council Members shall not attend internal staff meetings or meetings between City staff and
third persons unless invited by City staff or directed by Council to do so. Council Members may
City of Atascadero
Ordinance No.504
Page 2 of 3
attend meetings of private organizations that staff may attend. Council Members may attend any
public meeting of the City or any public agency.
Section 3. Section 2-9.09 of the Atascadero Municipal Code is hereby added to read in full as
follows:
2-9.09 Planning Commission—Relations to Council and Staff
(a) The City Council establishes policies citywide and specifically as they relate to the duties of
the Planning Commission. The Planning Commission is advisor to the Council except where the
Council has delegated specific authority to the Commission. City Staff administers the policies of
the Council, forwards recommendations of the Commission to the Council and administers Planning
Commission actions on issues delegated to the Commission by the Council. The Planning
Commission may recommend to the Council topics to be included in the City's work program.
(b) The Commission and its members shall work through the Community Development Director,
except for the purpose of inquiry, in carrying out the Commission's responsibilities.
(c) Commissioners shall not attempt to coerce or influence staff in the making of appointments, the
awarding of contracts, the selection of consultants, the processing of development applications, or
the granting of City licenses or permits. Commissioners shall not attempt to change or interfere
with the operating policies and practices of any City department.
(d) Commissioners shall not attend internal staff meetings or meetings between City staff and third
persons unless invited by City staff or directed by Council to do so. Commissioners may attend
meetings of private organizations that staff may attend. Commissioners may attend any public
meeting of the City or any public agency.
Section 4. Section 2-13.13 of the Atascadero Municipal Code is hereby added to read in full as
follows:
2-13.13 Parks and Recreation Commission—Relations to Council and Staff
(a) The City Council establishes policies citywide and specifically as they relate to the duties of the
Parks and Recreation Commission. The Parks and Recreation Commission is advisory to the
Council except where the Council has delegated specific authority to the Commission. City Staff
administers the policies of the City Council, forwards recommendations of the Commission to the
Council and administers Parks and Recreation Commission action on issues delegated to the
Commission by the Council. The Parks and Recreation Commission may recommend to the
Council topics to be included in the City's work program.
(b) The Commission and its members shall work through the Community Services Director, except
for the purpose of inquiry, in carrying out the Commission's responsibilities.
(c) Commissioners shall not attempt to coerce or influence staff in the making of appointments, the
awarding of contracts, the selection of consultants, the processing of development applications, or
the granting of City licenses or permits. Commissioners shall not attempt to change or interfere
with the operating policies and practices of any City department.
City of Atascadero
Ordinance No.504
Page 3 of 3
(d) Commissioners shall not attend internal staff meetings or meetings between City staff and third
persons unless invited by City staff or directed by Council to do so. Commissioners may attend
" meetings of private organizations that staff may attend. Commissioners may attend any public
meeting of the City or any public agency.
Section 5. 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 6. 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
affected thereby. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that
any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared
unconstitutional, invalid or ineffective.
Section 7. The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall
within fifteen (15) days of its adoption cause it or a summary of it to be published in the Atascadero
News, a newspaper published and circulated in the City of Atascadero; and thereupon and thereafter
this Ordinance shall take effect and be in force according to law.
INTRODUCED at a regular meeting of the City Council held on December 12, 2006, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on January 9,
2007, by the following roll call vote:
AYES: Council Members Beraud, Brennler, Clay, O'Malley and Mayor Luna
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
4n, It
Marcia McClure Torgerson, C.M.q., City Clerk George. "una, Mayor
1.1-
APPROV,F-D:AS TO
am Patri4Z. Enr' , City Attorney