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HomeMy WebLinkAboutOrd. 1573-2019 (19-248)File Number: 19-248 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Ordinance: ORD 1573-2019 Enactment Number: ORD 1573-2019 ORDINANCE AMENDING TITLE 2 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ENSURE CONSISTENCY OF TERMS AND TERM LIMITS AND INCREASE THE POTENTIAL NUMBER OF MEMBERS SERVING ON THE CULTURAL ARTS COMMISSION. WHEREAS, the City desires consistency among the various boards and commissions with respect to limitation of terms, and definition of a complete term for efficient administration of appointments; and WHEREAS, a majority of boards and commissions within the City serve a term of four years with a three year term limit and a term is defined as two years plus one day; and WHEREAS, Education Code Section 18911 provides that trustees of the Library Board shall serve a term of three years, and Streets and Highways Code Section 35554 provides that members of the Parking Place Commission shall serve a term of three years; and WHEREAS, trustees of the Library Board and members of the Parking Place Commission shall continue to serve a term of three years as required under state law, a term will continue to be defined as eighteen months plus one day, and there shall be a limit of four consecutive terms; and WHEREAS, the City desires to allow up to eleven members to be appointed to the Cultural Art Commission to further encourage and promote cultural arts and activities in the community; and WHEREAS, based on all of the information presented at the March 13, 2019 City Council meeting, both written and oral, including without limitation the public comment, staff reports, minutes, and other relevant materials (hereafter the "Record"), the City Council finds that under CEQA Guidelines Sections 15378 and 15061(b)(3), this Ordinance amendment does not constitute a project under CEQA as it is an organizational structure change that will not result in any direct or indirect physical change in the environment and therefore review under CEQA is not required pursuant to CEQA Guidelines Section 15060. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The City Council of South San Francisco, finds that all Recitals are true and correct and are incorporated herein by reference. SECTION 2. Amendments City of South San Francisco Page 1 File Number: 19-248 Enactment Number: ORD 1573-2019 Title 2 of the South San Francisco Municipal Code is hereby amended as follows. Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. A. Revise Chapter 2.52 "Public Library" as follows: 2.52.010 Established. There is established a free public library in and for the city in accordance with an Act of the Legislature of the State of California entitled "An Act to Provide for the Establishment and Maintenance of Public Libraries within Municipalities" approved March 23, 1901, and all Acts amendatory and supplementary to the Municipal Libraries Act pursuant to Education Code Section 18900, et seq. 2.52.040 Board of trustees -Limitation of terms -Vacancies. Trustees shall be limited to four consecutive terms. For purposes of calculating consecutive terms, service of at least eighteen months plus one day during a term shall be counted as a complete term; all prior continuous service of existing trustees shall be counted. Upon serving the maximum number of consecutive terms, a trustee shall not be eligible for re -appointment to the library board of trustees for a period of two years. If a vacancy occurs on the board, the city council shall appoint an individual to serve the remaining unexpired term of the former incumbent. 2.52.050 President, president pro tem, and secretary. In January of each year at the regular meeting set by the board of trustees, the trustees shall elect a president, president pro tem, and secretary for a term of one year. The president pro tem shall serve in the absence of the president. B. Revise Chapter 2.56 "Planning Commission" as follows: 2.56.030 Limitation of terms -Vacancies. Commissioners shall be limited to three consecutive terms. For purposes of calculating consecutive terms, service of at least two years plus one day during a term shall be counted as a complete term; all prior continuous service of existing commissioners shall be counted. Upon serving the maximum number of consecutive terms, a commissioner shall not be eligible for re -appointment to the planning commission for a period of two years. If a vacancy occurs on the board, the city council shall appoint an individual to serve the remaining unexpired term of the former incumbent. C. Revise Chapter 2.60 "Parks and Recreation Commission" as follows: 2.60.030 Limitation of terms -Vacancies. Commissioners shall be limited to three consecutive terms. For purposes of calculating consecutive terms, service of at least two years plus one day during a term shall be counted as a complete term; all prior continuous service of existing commissioners shall be counted. Upon serving the maximum number of City of South San Francisco Page 2 File Number. 19-248 Enactment Number., ORD 1573-2019 consecutive terms, a commissioner shall not be eligible for re -appointment to the parks and recreation commission for a period of two years. If a vacancy occurs on the board, the city council shall appoint an individual to serve the remaining unexpired term of the former incumbent. D. Revise Chapter 2.64 "Parking Place Commission" as follows: 2.64.030 Limitation of terms -Vacancies. Commissioners shall be limited to four consecutive terms. For purposes of calculating consecutive terms, service of at least eighteen months plus one day during a term shall be counted as a complete term; all prior continuous service of existing commissioners shall be counted. Upon serving the maximum number of consecutive terms, a commissioner shall not be eligible for re -appointment to the parking place commission for a period of two years. If a vacancy occurs on the commission, the city council shall appoint an individual to serve the remaining unexpired term of the former incumbent. 2.64.050 Meetings. (a) The commission shall meet on the second Tuesday of each month at 5:00 p.m., in the City Manager's Conference Room at City Hall, 400 Grand Avenue, South San Francisco, California, except that in case of necessity or emergency the chairperson or two commissioners may designate an alternate meeting place within the corporate limits of the city, with legal notice thereof to be given at least twenty-four hours prior to the time of said meeting. If a meeting is set for said regular meeting place of the commission, or duly noticed for an alternate meeting place, and because of necessity or emergency the commission is required to meet in another place within the corporate limits of the city, then the secretary shall appear at the regular or alternate meeting place, whichever is the case, at the time set for the meeting, and publicly announce the new meeting place and post a notice of same on the door of the regular meeting place. Notices of all meetings, except regular meetings, shall be served on each commissioner and to each person who has requested notice in writing of such meetings, at least twenty-four hours prior to the time specified for the proposed meeting, and said notices shall comply with Government Code Section 54950, et seq., also referred to as the Ralph M. Brown Act or Secret Meeting Law. (b) If the day designated as a regular, adjourned regular, special or study meeting falls upon a legal holiday, the commission shall meet upon the next succeeding day which is not a holiday, unless otherwise ordered by the commission. E. Revise Chapter 2.80 "Cultural Arts Commission" as follows: Section 2.80.010 Cultural arts commission established. The South San Francisco arts commission is established, consisting of up to eleven members who are electors of the city. The city council shall appoint the commissioners. Section 2.80.030 (Reserved). City of South San Francisco Page 3 Fite Number. 19-248 Enactment Number: ORD 1573-2019 Section 2.80.045 Limitation of terms -Vacancies. Commission members shall be limited to three consecutive terms. For purposes of calculating consecutive terms, service of at least two years plus one day during a term shall be counted as a complete term; all prior continuous service of existing commission member shall be counted. Upon serving the maximum number of consecutive terms, a commissioner shall not be eligible for re -appointment to the cultural arts commission for a period of two years. If a vacancy occurs on the commission, the city council shall appoint an individual to serve the remaining unexpired term of the former incumbent. SECTION 3. Severability If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 4. Publication and Effective Date Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco held the 13th day of March 2019. At a meeting of the City Council on 3/27/2019, a motion was made by Mark Nagales, seconded by Richard Garbarino, that this Ordinance be adopted. The motion passed. Yes: 4 Mayor Matsumoto, Vice Mayor Garbarino, Councilmember Addiego, and Councilmember Nagales Absent: 1 Councilmember Nicolas Attest by LA�w 4eo�, dem�L Govea Acosta Mayor City of South San Francisco Page 4