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HomeMy Public PortalAbout761ORDINANCE NO. 761 CITY OF MILLBRAE, COUNTY OF SAN MATEO STATE OF CALIFORNIA AN ORDINANCE OF THE CITY OF MILLBRAE AMENDING CHAPTER 2.10 OF TITLE 2 OF THE MILLBRAE MUNICIPAL CODE REGARDING COMMISSIONS AND BOARDS Be it ordained by the City Council of the City of Millbrae as follows: Section 1: FINDINGS. The City Council of the City of Millbrae makes the findings and determinations set forth below related to the proposed amendments to the Millbrae Municipal Code: 1) The City Council adopted a Mission Statement, by Resolution No. 14-38, on July 8, 2014 as follows: "Enhancing the quality of life in our community, providing great services, encouraging community engagement, fostering economic growth, and embracing cultural diversity in a safe environment"; and 2) The City Council has established Commissions and Boards in Title 2, Chapter 2.10 of the Millbrae Municipal Code by Ordinance of the City Council and has, from time to time, established various Committees by Resolution of the City Council for the purpose of advising the City Council concerning matters of importance to the city as determined and referred by the City Council to the particular body; and 3) The City Council has determined that the Planning Commission and the Parks and Recreation Commission, which are established for the purpose of advising the City Council, are authorized by California Government Code Section 65000 et seq.; and 4) The City Council has determined that the Sister Cities Commission, which is established for the purpose of advising the City Council, retains membership in Sister Cities International; and 1 12679665.1 5) The City Council desires to define the duties, goals and purposes of Commissions and Committees, which align with the needs of the City of Millbrae, as such needs may change over time; and 6) The City Council has determined that there is a need to establish new Committees for the purpose of advising the City Council on matters as may be determined by the City Council and, at the same time, to dissolve the Cultural Arts Commission and the Community Preservation Commission. 7) Current members of Commissions dissolved as a result of actions taken pursuant to this Ordinance shall be invited to apply to serve on another Commission, Board, or Committee formally established by Ordinance or Resolution of the City Council until the expiration date of the term under which the member is currently serving; and 8) Present members of each commission covered by this chapter will only become subject to term limitations in this Ordinance upon the expiration of their current term or June 30th of the year the current term expires, whichever is later. Section 2: AMENDMENT OF CHAPTER 2.10, "COMMISSIONS AND BOARDS," OF THE MILLBRAE MUNICIPAL CODE TO ADD A NEW ARTICLE I. COMMISSIONS AND BOARDS, SECTIONS 2.10.010 AND SECTION 2.10.020. Article 1 of Chapter 2.10 of the Millbrae Municipal Code is hereby deleted in its entirety and replaced as follows: Article I. Commissions and Boards 2.10.010 Creation of commissions and boards. The following commissions are established: A. Planning Commission. B. Parks and Recreation Commission. C. Sister Cities Commission. 2.10.020 Expenses. The City Manager may make available to the commissions adequate facilities and necessary administrative assistance for the fulfillment of its duties. The commissions shall not incur, allow or permit to accrue any debt or liability, or expend any funds except as provided for in the budget theretofore approved by the City Council. To avoid a conflict of interest in accordance with the Political Reform Act and other relevant laws, no commission or any of its members shall fundraise on behalf of the City or donate to the 2 12679665.1 City or request the City to account for or manage funds for specific purposes or with specific use restrictions. Section 3: AMENDMENT OF ARTICLE II OF CHAPTER 2.10, "COMMISSIONS AND BOARDS," OF THE MILLBRAE MUNICIPAL CODE. Article I. Planning Commission Section 2.10.010 through 2.10.040 is renumbered as Article II. Planning Commission Section 2.10.010 through 2.10.040. Article II. Planning Commission Section 2.10.030 Creation — Members — Term — Vacancy is amended as follows: Article II. Planning Commission Section 2.10.030 Creation — Members — Term — Removal —Vacancy. A planning commission is created and shall consist of five (5) members who shall be appointed by the city council and serve at the council's pleasure from the qualified electors of the city, none of whom shall hold any paid office or employment in the city government. No commissioner may be appointed to or serve concurrently on more than one commission or committee established by ordinance or resolution of the City Council at the same time. Each member shall serve for a term of four years commencing on July 1st and continuing until his or her respective successor is appointed and qualified. The four-year terms of the commission members shall be staggered. In order to achieve staggered terms, half of the members first appointed to the commission shall be assigned by lot a term for two years and the other half of the commission members shall be assigned by lot a term for four years. Time of service by a member shall not exceed three four-year terms. Notwithstanding the above limitation, appointees to the commission, as of adoption of this ordinance, may continue to serve without limit as to number of terms. Time served by a member after appointment to fill unexpired terms shall not be counted as a term or against the overall limit of three four-year terms of consecutive service. Former City council members are not eligible to be appointed to or serve on the commission for a period of two years following the date upon which their council term ended. If a commissioner is appointed to another commission by the City Council, his or her time of service on the first commission shall not be counted as cumulative service. A11 members must remain residents of the city while serving on the planning commission. The members shall not receive any compensation for their attendance at commission meetings or any other services rendered as a commission member; provided, however, that any actual and necessary expenses incurred by a commission member in the performance of his or her duties on the commission may be ordered paid by the city council. Any member may be removed from office prior to the expiration of his or her term, with or without cause by majority vote of the City Council. Unauthorized absence of a commission member from meetings for a period of sixty days or more, four consecutive meetings, or greater than thirty percent of 3 12679665.1 meetings held within a fiscal year, may be deemed cause for removal as that term is used in this section. Any vacancy occurring other than by expiration of a term of office shall be filled by appointment for the unexpired portion of the term. Article II. Planning Commission Section 2.10.050 Meetings is amended as follows: Article II. Planning Commission Section 2.10.050 Meetings. The planning commission shall hold at least one regular meeting in each month at such time and place within the city as the commission may determine by resolution. Three members of the commission shall constitute a quorum for the transaction of business. A majority of the quorum present shall have the authority to act on any matter regularly coming before the commission. Meetings may be adjourned or special meetings called in compliance with the provisions of the Ralph M. Brown Act (commencing with Government Code Section 54950) or as hereafter amended or added to. At least one meeting annually shall be conducted during the budget cycle and shall focus on development of a work plan. The plan shall address activities the commission will pursue during the fiscal year to address city council priorities. At least once per year the commission chair shall report to the City Council. If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day. Meeting minutes shall be taken of each official meeting of the commission. Article II. Planning Commission Section 2.10.060 Rules is amended as follows: Article II. Planning Commission Section 2.10.060 Rules. The planning commission by resolution may adopt rules for the transaction of business, and shall keep a record of its resolutions, transactions, findings and determinations, which shall be a public record. The commission shall during the month of June each year appoint a Chair and a Vice -Chair, who shall serve at the pleasure of the commission for a period of one year or until their successors have been appointed. Such officers of such body shall be appointed from among those members then serving on such body. Section 4: AMENDMENT OF ARTICLE II PARKS AND RECREATION COMMISSION OF CHAPTER 2.10, "COMMISSIONS AND BOARDS," OF THE MILLBRAE MUNICIPAL CODE. Article II. Park and Recreation Commission Section 2.10.050 through 2.10.080 is renumbered Article III. Park and Recreation Commission Section 2.10.070 through 2.10.100. Article III. Park and Recreation Commission Section 2.10.070 Creation — Members — Term — Vacancy is amended as follows: Article III. Park and Recreation Commission Section 2.10.070 Creation — Members — Term — Removal- Vacancy. A parks and recreation commission is created and shall consist of 4 12679665.1 five (5) members who shall be appointed by the city council and serve at council's pleasure, none of whom shall hold any paid office or employment in the city government. No commissioner may be appointed to or serve concurrently on more than one commission or committee established by ordinance or resolution of the City Council at the same time. Members shall be qualified electors of the city and shall serve for a term of four years commencing on July 1st and continuing until the city council fills the vacancy upon expiration of the term. The four-year terms of the commission members shall be staggered. In order to achieve staggered terms, half of the members first appointed to the commission shall be assigned by lot a term for two years and the other half of the commission members shall be assigned by lot a term for four years. Time of service by a member shall not exceed three four-year terms. Notwithstanding the above limitation, appointees to the commission, as of adoption of the ordinance codified in this chapter, may continue to serve without limitation as to number of terms. Time served by a member after appointment to fill unexpired terms shall not be counted as a term or against the overall limit of three four- year terms of consecutive service. Former City council members are not eligible to be appointed to or serve on the commission for a period of two years following the date upon which their council term ended. If a commissioner is appointed to another commission by the City Council, his or her time of service on the first commission shall not be counted as cumulative service. All members must remain residents of the city while serving on the parks and recreation commission. The members shall not receive any compensation for their attendance at commission meetings or any other services rendered as a commission member; provided, however, that any actual and necessary expenses incurred by a commission member in the performance of his or her duties on the commission may be paid if funds are available in the budget approved by the city council and the individual expenses are approved by the city manager or designee. Any member may be removed from office prior to the expiration of his or her term, with or without cause by majority vote of the City Council. Unauthorized absence of a commission member from meetings for a period of sixty days or more, or three consecutive meetings, or greater than thirty percent of meetings held in a fiscal year, may be deemed cause for removal as that term is used in this section. Any vacancy occurring other than by expiration of a term of office shall be filled by city council appointment for the unexpired portion of the term. Article III. Park and Recreation Commission Section 2.10.080 Duties is amended as follows: Article III. Park and Recreation Commission Section 2.10.080 Duties. The parks and recreation commission shall have the following duties: A. To recommend to the city council the establishment of an adequate system of parks, playgrounds and any other recreation facility which the commission may deem advisable including operation, management and maintenance of such facilities and the acquisition of necessary equipment; 5 12679665.1 B. To recommend to the city council the acquisition of such real and personal property as may be necessary or advisable for recreational facilities; C. To recommend and make suggestions concerning any matter pertaining to parks and playgrounds and other recreational facilities which may be brought before the city council; D. To serve as the City's Bicycle and Pedestrian Advisory Committee; E. To recommend fees or charges to be paid by residents and nonresidents for the use of city recreational facilities; provided, however, the city council at any time may review the fees or charges and abolish, change or modify such fees or charges or take such other action as the city council deems necessary in connection therewith. Article III. Park and Recreation Commission Section 2.10.090 Meetings is amended as follows: Article III. Park and Recreation Commission Section 2.10.090 Meetings. The parks and recreation commission shall hold at least one regular meeting at least bi- monthly (six regular meetings per year) at such time and place within the city as the commission may determine by resolution. Three (3) members of the commission shall constitute a quorum for the transaction of business. A majority of the quorum present shall have the authority to act on any matter regularly coming before the commission. Meetings may be adjourned or special meetings called in compliance with the provisions of the Ralph M. Brown Act (commencing with Government Code Section 54950) or as may hereafter be amended. At least one meeting annually shall be conducted during the budget cycle and shall focus on development of a work plan. The plan shall address activities the commission will pursue during the fiscal year to address city council priorities. At least once per year the commission chair shall report to the City Council. If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day. Meeting minutes shall be taken of each official meeting of the commission. Article III. Park and Recreation Commission Section 2.10.100 Rules is amended as follows: Article III. Park and Recreation Commission 2.10.100 Rules. The parks and recreation commission by resolution may adopt rules for the transaction of business, and shall keep a record of its resolutions, transactions, findings and determinations, which shall be a public record. The commission shall during the month of June each year appoint a Chair and a Vice -Chair, who shall serve at the pleasure of the commission for a period of one year or until their successors have been appointed. Such officers of such body shall be appointed from among those members then serving on such body. 6 12679665.1 Section 5: AMENDMENT OF ARTICLE III , ARTICLE IV SECTIONand ARTICLE V OF CHAPTER 2.10, "COMMISSIONS AND BOARDS," OF THE MILLBRAE MUNICIPAL CODE. Article III. Cultural Arts Commission Section 2.10.090 through 2.10.120 of the Millbrae Municipal Code hereby is deleted in its entirety. Article IV. Community Preservation Commission Section 2.10.130 through 2.10.160 of the Millbrae Municipal Code hereby is deleted in its entirety. Article V. Sister Cities Commission Section 2.10.170 through 2.10.200 is renumbered Article IV. Sister City Commission Section 2.10.110 through 2.10.140. Section 6: AMENDMENT OF ARTICLE IV OF CHAPTER 2.10, "COMMISSIONS AND BOARDS," OF THE MILLBRAE MUNICIPAL CODE. Article IV. Sister Cities Commission Section 2.10.110 Creation — Members — Term — Vacancy is amended as follows: Article IV. Sister Cities Commission Section 2.10.110 Creation — Members — Term — Removal - Vacancy. A sister cities commission is created and shall consist of eleven (11) members who shall be appointed by the city council and serve at the council's pleasure, none of whom shall hold any paid office or employment in the city government. No commissioner may be appointed to or serve concurrently on more than one commission or committee established by resolution of the City Council at the same time. Members shall serve for a term of four years commencing on July 1st and continuing until the city council fills the vacancy upon expiration of the term. The four-year terms of the commission members shall be staggered. In order to achieve staggered terms, half of the members first appointed to the commission shall be assigned by lot a term for two years and the other half of the commission members shall be assigned by lot a term for four years. Time served by a member after appointment to fill unexpired terms shall not be counted as a term. Former City Council members may be appointed to the commission by majority vote of the City Council without limit as to number of years following the expiration date of term of office. If a commissioner is appointed to another commission by the City Council, his or her time of service on the first commission shall not be counted as cumulative service. All members must remain residents of the city while serving on the sister cities commission. The members shall not receive any compensation for their attendance at commission meetings or any other services rendered as a commission member; provided, however, that any actual and necessary expenses incurred by a commission member in the performance of his or her duties on the commission may be paid if funds are available in the budget approved by the city council and the individual expenses are approved by the city manager or designee. Any member may be removed from office prior to the expiration of his or her term, with or without cause by majority vote of the City Council. Unauthorized absence of a commission member from meetings for a period of sixty days or more, three consecutive meetings, or greater than thirty percent of meetings held in the fiscal year, may 7 12679665.1 be deemed cause for removal as that term is used in this section. Any vacancy occurring other than by expiration of a term of office shall be filled by city council appointment for the unexpired portion of the term. Article IV. Sister Cities Commission Section 2.10.120 Duties is deleted in its entirety and replaced with the following: Article IV. Sister Cities Commission Section 2.10.120 Duties. The sister cities commission shall have the following duties: 1. To promote a greater global understanding of other cultures and an international perspective for Millbrae in light of the significant changes happening throughout the world, 2. To grow relationships with sister cities and friendship cities; 3. To foster cultural and educational exchange programs, and identify and promote trade relationships; 4. To perform such other duties as may be assigned by the City Council. Article IV. Sister Cities Commission Section 2.10.130 Meetings is amended as follows: Article IV. Sister Cities Commission Section 2.10.130 Meetings. The sister cities commission shall hold at least one regular meeting at least bi-monthly (six regular meetings per year) at such time and place within the city as the commission may determine by resolution. Six (6) members of the commission shall constitute a quorum for the transaction of business. A majority of the quorum present shall have the authority to act on any matter regularly coming before the commission. Meetings may be adjourned or special meetings called in compliance with the provisions of the Ralph M. Brown Act (commencing with Government Code Section 54950) or as may hereafter be amended. At least one meeting annually shall be conducted during the budget cycle and shall focus on development of a work plan. The plan shall address activities the commission will pursue during the fiscal year to address city council priorities. At least once per year the commission chair shall report to the City Council. If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day. Meeting minutes shall be taken of each official meeting of the commission. Article IV. Sister Cities Commission Section 2.10.140 Rules is amended as follows: Article IV. Sister Cities Commission Section 2.10.140 Rules. The sister cities commission by resolution may adopt rules for the transaction of business, and shall keep a record of its resolutions, transactions, findings and determinations, which shall be a public record. The commission shall during the month of June each year appoint a Chair and a Vice -Chair, who shall serve at the pleasure of the commission for a period of one year or until their 8 12679665.1 successors have been appointed. Such officers of such body shall be appointed from among those members then serving on such body. Section 7: EFFECTIVE DATE; PUBLICATION. This ordinance shall be in full force and effect thirty days from and after its passage and the regulations contained in this ordinance shall be enforced as of October 27, 2016. At least five days prior to its adoption and within fifteen days after its adoption, a summary of this ordinance shall be published once in a newspaper of general circulation printed and published in the County of San Mateo and circulated in the City of Millbrae. INTRODUCED at a regular meeting of the City Council of the City of Millbrae held on the 13th day of September 2016. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Millbrae held on the 27t1i of September, 2016. Mayor ATTEST: 9 12679665.1 Ordinance No. 761 I do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Millbrae this 27th day of September, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: EXCUSED: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Oliva, Holober, Papan, Schneider, and Lee None None None None