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HomeMy WebLinkAboutOrdinance 101 4 REVISED ORDINANCE NO, 101 AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING CHAPTER 9 OF TITLE 2 OF THE ATASCADERO MUNICIPAL CODE RELATING TO THE PLANNING CONNISSION AND AMENDING CHAPTER 13 OF TITLE 2 OF TRE ATASCADERO NUNICIPAL CODE RELATING TO THE RECREATION CONNISSION AND DECLARING THE URGENCY The Council of the City of Atascadero does ordain as follows: Section 1. Sections 2-9.01 through 2-9.07 of Chapter 9 of Title 2 of the Atascadero Municipal Code, relating to the Planning Commission, are hereby repealed. lection 2. Chapter 9 (Reorganized) is added to Title 2 of the Atascadero Municipal Code, relating to the Planning Commission, to read as follows: CHAPTER 9. PLANNING COMMISSION (Reorganized) Sec. 2-9.01. Creation: Composition. There is created a Planning Commission for the City which shall consist of seven (7) members who shall not be officials or employees of the City, but who shall be residents of the City. Sec. 2-9.02. Members: Appointment: Terms of office. The City Council shall appoint the members of the Plan- ning Commission. Three (3) members shall be appointed for terms which shall expire on August 1, 1986. Four (4) members shall be appointed for terms which shall expire on August 1, 1988. Thereafter, all terms shall be for four (4) years and shall expire four (4) years after August 1 of the date of the appointment, except those appointments made after the commence- ment of the term to fill a vacancy or removal, in which case the term of office shall be for the balance of the unexpired term. Sec. 2-9.03 . Absence from meetings: Running for office on City Council. Absence of a member of the Planning Commission from three (3) consecutive meetings, or from four (4) meetings during a calendar year, without formal consent of the Planning Commis- sion noted in its official minutes, shall be reported by the the Planning Director to the City Council for consideration of removal from office. If a member of the Planning Commission files for election as a member of any elective City office, -1- AG:fr/3/29/85 ORDINANCE NO. 101 Page 2 his term as Planning Commissioner shall terminate as of the date of filing. Sec. 2-9.04. Members: Removal from office. A member of the Planning Commission may be removed by a majority vote of all of the members of the Council. Sec. 2-9.05. Vacancies. A vacancy on the Planning Commission occurring by death, resignation, removal, or any other cause before the expiration of the term of the member shall be filled by appointment for the unexpired term by the Council. Sec, 2-9.06. Expenses. Planning Commission members shall be entitled to remunera- tion for expenses in accordance with the procedure approved by resolution of the Council. Sec. 2-9.07. powers, duties, and functions. The powers, duties, and functions of the Planning Commis- sion shall be all those powers, duties, and functions of a Planning Commission and Board of Zoning Adjustment as provided in Chapters 3 and 4 of Title 7, commencing with Section 65100 of the Government Code of the State (the Planning and Zoning Law) , as the same may be hereafter amended. The Planning Com- mission shall perform such other duties and functions as may be directed or designated by the Council not inconsistent with State law. Seca 2-9.08. Chairman: Rules: Records and meetingg. As of August 1 annually, or as soon thereafter as is fea- sible, the Planning Commission shall elect a chairman and a vice chairman from among its members, shall adopt rules for the transaction of business, shall keep a public record of its resolutions, transactions, findings, and determinations, and shall hold at least one (1) regular meeting each month. Section 3. Sections 2-13.01 through 2-13 .12 of Chapter 13 of Title 2 of the Atascadero Municipal Code, relating to the Parks and Recreation Advisory Board, are hereby repealed. Section 4. Chapter 13 (Reorganized) is added to Title 2 of the Atascadero Municipal Code, relating to the Parks and Recreation Com- mission, to read as follows: � r ORDINANCE NO. 101 Page 3 CHAPTER 13. PARRS AND RECREATION COMMISSION (Reorganized) Sec. 2-13.01. Established. There is created a Parks and Recreation Commission com- posed of seven (7) members. Sec. 2-13.02 . Qualifications. The regular members of the Commission shall be qualified electors of the City. Sec, 2-13.03 . Members: Aonointme t• Terms of office. The City Council shall appoint the members of the Parks and Recreation Commission. Regular members of the Commission shall serve for a period of four (4) years beginning July 1 of the year of appointment. The terms of three (3) of the regular members shall expire on June 30, 1986, and every four (4) years thereafter; and the terms of four (4) regular members shall expire on June 30, 1988, and every four (4) years thereafter. Vacancies on the Commission occurring other than by expiration of term shall be filled in the manner established for appoint- ments. All members shall serve at the pleasure of the City Council. Sec. 2-13.04 . Ex officio member. A member representing the school district shall be ap- pointed by the Mayor as an ex officio member of the Commis- sion. The appointee shall serve at the pleasure of the Mayor and without compensation. Sec. 2-13 .05. Absence from meetings• Running for office on City Council. Absence of a member of the Commission from three (3) con- secutive meetings, or from four (4) meetings during a calendar year, without formal consent of the Commission noted in its official minutes, shall be reported by the Recreation Director to the City Council for consideration of removal from office. If a member of the Commission files for election as a member of any elective City office, his term as a commissioner shall terminate as of the date of filing. Sec. 2-13.06. Organization. As of August 1 annually, or as soon thereafter as is fea- sible, the members of the Commission shall elect a chairman ORDINANCE NO. 101 Page 4 and a vice chairman, who shall hold office for one (1) year. The chairman shall preside over meetings, appoint appropriate committees, sign resolutions, and direct the affairs of the Commission. In the absence of the chairman, the duties of this office shall be performed by the vice chairman. Sec. 2-13.07. Procedure. The Commission shall adopt rules and regulations to gov- ern its procedures and shall set a time and place for regular meetings which will be held at least once a month. Sec. 2-13.08. Ouoru . A majority of the members shall constitute a quorum. Sec. 2-13.09. Secretary: Appointment: Minutes. The City Manager shall designate a secretary who shall maintain accurate minutes of the activities and official ac- tions of the Commission. If this person is a city employee, said person shall be compensated accordingly. Sec. 2-13.10. Duties and responsibilities. The duties and responsibilities of the Parks and Recrea- tion Commission shall be to: (a) Act in an advisory capacity to the City Council in all matters pertaining to parks and public recreation and to cooperate with other governmental agencies and civic groups in the advancement of sound park and recreation planning and pro- gramming; (b) Formulate policies and parks and recreation services for consideration by the City Council; (c) Meet with the City Council at least once each year to discuss policies, programs, future needs, or other matters requiring joint deliberations. More frequent meetings may be held if deemed necessary by a determination of a majority of members of the City Council and Parks and Recreation Commis- sion. All such meetings shall be held in accordance with statutory requirements governing public meetings; (d) Recommend to the City Council the development and improvement of parks, recreational areas, facilities, pro- grams, and recreation services; 10 ORDINANCE NO. 101 Page 5 (e) Make periodic surveys of parks and recreation ser- vices that exist or may be needed and ascertain the needs of the public for such services; (f) Assist in coordinating parks and recreation services with the programs of governmental agencies and voluntary or- ganizations; (g) Disseminate to the public information concerning the policies and functions of the Parks and Recreation Department; (h) Advise the Recreation Director in the development and operation of the parks and recreation programs and facilities; (i) Suggest rules and regulations governing the use of parks and recreation areas and facilities. Sec. 2-13.11. Recreation Director and Public Works Director• Meeting attendance• Reports. The Recreation Director and Public works Director shall attend the meetings of the Parks and Recreation Commission and shall make such reports to the Commission, the City Manager, or to the City Council as may be required. Sec. 2-13 .06. Expenses. Commission members shall be entitled to remuneration for expenses in accordance with the procedure approved by resolu- tion of the Council. Section 5. This ordinance is hereby declared to be urgently re- quired for the immediate preservation of the public peace, health, and safety, and shall take effect immediately upon its adoption, but shall be operative as specified herein. The facts constituting the urgency are as follows: Six (6) of seven (7) members of the Planning Commis- sion of the City of Atascadero have resigned and the Council has declared itself as an urgency measure to act as the Planning Agency for the City. It is essential that a reorganized Planning Commission and a reorganized Parks and Recreation Commission be established and members be appointed to such commissions. Section The City Clerk shall cause this urgency ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, pub- lished and circulated in this City in accordance with Government Code Section 36933; shall certify the adoption of this ordinance; and shall cause this ordinance and its certification to be entered in the Book of Ordinances of this City. r� ORDINANCE NO. 101 Page 6 Section 7. This urgency ordinance shall go into effect immediately upon adoption, but shall not become operative until the Council adopts a resolution or resolutions declaring all or part of this ordinance operative and fixing the operative date. The foregoing ordinance was introduced on . MA-r -h 9S., iAA�; and adopted at a regular meeting of the City Council held on gi,-; i R. igRr, AYES-Councilman Molina and Handshy; Councilwoman Mackey and Norris; and Mayor Nelson. NOES: None ABSENT:None exP-k A)el ROLFE D. N LSO , Mayor ATTEST. y ROBERT M. JbIfEb, City Clerk APPROVED AS TO CONTENT: d&A4.952 RE HICKS, Acting City Manager AP=ASM: ALLEN GRIMES, City Attorney