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HomeMy WebLinkAboutOrd. 1596-2020 (20-186)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Ordinance: ORD 1596-2020 File Number: 20-186 Enactment Number: ORD 1596-2020 ORDINANCE AMENDING TITLE 2, CHAPTERS 2.52, 2.56, 2.60, 2.62, 2.64, AND 2.80, OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE PERTAINING TO ELIGIBILITY REQUIREMENTS FOR CITY COMMISSIONERS. WHEREAS, California state law has historically restricted membership on appointed local boards and commissions to "citizens of the state" and excluded individuals who are not U.S. citizens from the definition of "citizens of the state"; and WHEREAS, the California State Legislature has enacted Senate Bill 225 ("S.B. 225") to change these requirements, as of January 1, 2020; and WHEREAS, as part of S.B. 225, the Legislature found that "California's democratic values of equal representation are upheld when our local and state government is diverse and representative of the people who reside in the state"; and WHEREAS, the Legislature also found that "access to positions on governmental boards and commissions creates an avenue for people from multiple backgrounds and different experiences to serve the communities in which they live and beyond"; and WHEREAS, the Legislature expressly stated that it intended by passing S.B. 225 "to remove barriers to service and authorize all California residents, including those without lawful immigration status, to serve on California's diverse local and state boards and commissions so that their perspectives and voices are heard"; WHEREAS, S.B. 225 specifically amended Government Code section 1020 to allow any resident, "regardless of citizenship or immigration status," to serve on local boards and commissions; and WHEREAS, the City of South San Francisco Municipal Code currently provides for the establishment of nine local commissions; WHEREAS, the Municipal Code currently provides that commissioners on six of these commissions be "electors of the city"; and WHEREAS, the City Council wishes to comply with the spirit of S.B. 225 and open these commission appointments to all residents, regardless of citizenship or voter status. City of South San Francisco Page 1 File Number: 20-186 Enactment Number: ORD 1596-2020 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findims The City Council of South San Francisco, finds that the Recitals above are true and correct and are incorporated herein by reference. SECTION 2. Amendments to Title 2 Provisions of Title 2, Chapters 2.52, 2.56, 2.60, 2.62, 2.64, and 2.80 of the South San Francisco Municipal Code is hereby amended to read as follows. Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. 2.52.020 Public Library Board - Board of Trustees appointment. The public library shall be managed by a board of trustees consisting of five members who are residents of the city. The city council shall appoint the trustees. 2.56.010 Planning Commission Established -Member appointment. The planning commission is established, consisting of seven members who are residents of the city. The city council shall appoint the commissioners. 2.60.010 Parks and Recreation Commission Established -Member appointments. The parks and recreation commission is established, consisting of seven members who are residents of the city. The city council shall appoint the commissioners. 2.62.010 Personnel Board Established -Member appointments. The personnel board is established, consisting of five members who are residents of the city. The city council shall appoint the board members. No person shall be appointed to the board who holds any salaried public office. 2.64.010 Parking Place Commission Established -Member appointment. The parking place commission is established, consisting of three members who are residents of the city, and whose business experience and ability reasonably assure that the affairs of the district will be administered in the interests of the district. The city council shall appoint the commissioners. 2.80.010 Cultural Arts Commission established. The South San Francisco arts commission is established, consisting of up to eleven members who are residents of the city. The city council shall appoint the commissioners. SECTION 5. Severability If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the City of South San Francisco Page 2 File Number: 20-186 Enactment Number: ORD 1596-2020 remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 6. 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 26th day of February 2020. At a meeting of the City Council on 3/11/2020, a motion was made by Vice Mayor Addiego, seconded by Councilmember Nicolas, that this Ordinance be adopted. The motion passed. Yes: 5 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, Councilmember Nicolas, and Councilmember Matsumoto Attest by k— qsa Govea Acosta, City Clerk -- J�zk-,, �- 9&AL�- Richard Garbarino, Mayor City of South San Francisco Page 3