HomeMy WebLinkAboutOrdinance 2010 (Park and Recreation Commission Ordinance Update)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of the
Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 2010
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTIONS
2.16.020 THROUGH 2.16.023 OF THE SAN RAFAEL MUNICIPAL CODE
RELATED TO THE PARK AND RECREATION COMMISSION
is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 6th day of June 2022; a
SUMMARY of Ordinance No. 2010 was published as required by City Charter in the MARIN
INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed
and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said
City, held on the 21st day of June, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati, & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
21st day of June 2022
______________
LINDSAY LARA
City Clerk
1
ORDINANCE NO. 2010
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
SECTIONS 2.16.020 THROUGH 2.16.023 OF THE SAN RAFAEL
MUNICIPAL CODE RELATED TO THE PARK AND RECREATION
COMMISSION
WHEREAS, regulations governing the requirement to have a Park and Recreation
Commission of the City of San Rafael are located in Article VIII, Section 11 of the San
Rafael Charter; and
WHEREAS, regulations governing the Park and Recreation Commission of the
City of San Rafael are located in the San Rafael Municipal Code (SRMC) Sections
2.16.020 through 2.16.023 of Chapter 2.16 (Board and Commissions); and
WHEREAS, in an effort to move our advisory bodies to a total of five voting
members, staff is recommending the Park and Recreation Commission be comprised of
five voting members; and
WHEREAS, changes to membership will happen through attrition. As terms expire,
staff will not fill vacancies until the new membership number is reached. No current
members will be removed to meet the new composition of the Commission; and
WHEREAS, staff recommends the removal of the Commission’s power to review,
and make comments and recommendations regarding the annual operating budget of the
department; and
WHEREAS, there are instances throughout the SRMC where masculine language
is used, and changes are being recommended to amend language to be gender-neutral;
and
WHEREAS, the provisions of section 2.16.022 of the SRMC, regarding term of
office and removal of Commission members, are already set forth in Article VIII, Section
11 of the San Rafael Charter and staff recommends eliminating those provisions from this
section of the SRMC.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES ORDAIN AS FOLLOWS:
Division 1. Amendment of Municipal Code.
Sections 2.16.020 through 2.16.023 of Chapter 2.16 (Board and Commissions) of the San
Rafael Municipal Code are hereby amended to read as follows. Additions are shown in
underline, and deletions are shown in strikethrough.
2.16.020 - Park and recreation commission.*
A park and recreation commission is created.
* Park commission—See San Rafael Charter, Art. III § 52 and Art. VIII § 11.
2.16.021 - Commission membership—Compensation.
2
The park and recreation commission shall consist of seven five members appointed by
the city council, one of whom may be a councilman councilmember. All members of the
park and recreation commission shall serve without compensation. The city council may
establish compensation for members of the park and recreation commission by resolution.
2.16.022 - Commission term of office and removal.Reserved.
Members of the park and recreation commission shall serve for a term of four years and
shall be subject to removal by the affirmative vote of three members of the council. The
terms of office of members of the commission shall be staggered in the manner provided
by resolution of the city council.
2.16.023 - Commission powers and duties.
Subject to the direction and control of the city council, as provided in Section 2.04.030 of
this code, the powers and duties of the parks and recreation commissioners shall be:
To assist in the preparation and adoption of a review annually and revise as necessary a
long-range plan for parks including neighborhood parks, community-wide parks, special
use facilities and open space lands;
To focus public attention upon the need for adequate parks and healthful and creative
year-round supervised recreation for all age groups;
To assist in promoting the public recreation programs;
To solicit to the fullest extent possible the cooperation of school authorities and other
public and private agencies interested therein;
To assist the parks and recreation director in establishing general policies and procedures
in respect to park usage;
To review, comment and make recommendations regarding the annual operating budget
of the department;
To receive periodic reports from the department head concerning the general operations
and functions of the department; and
To perform such other duties as may be prescribed by the council.
Division 2. Severability.
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any
reason held to be invalid by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance. The City Council hereby declares
it would have passed and adopted this Ordinance and each and all provisions hereof
irrespective of the fact that any one or more of said provisions be declared invalid.
Division 3. CEQA Determination.
3
This Ordinance makes only administrative changes to the operations of a City commission
and is therefore exempt from the requirements of the California Environmental Quality Act
(CEQA) under 14 Cal. Code Regs. §15061(b)(3), the common sense exemption, because
it can be seen with certainty that there is no possibility that the Ordinance may have a
significant effect on the environment.
Division 4. Publication; Effective Date.
This Ordinance shall be published once, in full or in summary form, before its final
passage, in a newspaper of general circulation, published, and circulated in the City of
San Rafael, and shall be in full force and effect thirty (30) days after its final passage. If
published in summary form, the summary shall also be published within fifteen (15) days
after the adoption, together with the names of those Councilmembers voting for or against
same, in a newspaper of general circulation published and circulated in the City of San
Rafael, County of Marin, State of California.
____
KATE COLIN, Mayor
ATTEST:
______
LINDSAY LARA, City Clerk
The foregoing Ordinance No. 2010 was introduced at a Regular Meeting of the City Council
of the City of San Rafael, held on the 6th day of June 2022 and ordered passed to print by
the following vote, to wit:
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting
of the Council to be held on the 21st day of June 2022.
______
LINDSAY LARA, City Clerk