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HomeMy WebLinkAbout0267NVI 3� ORDINANCE NO._26 (New Series) (Proposed and Adopted Pursuant to Article XIII of the City Charter) AN.ORDINANCE PROVIDING FOR THE APPOINTMENT OF AND PRESCRIBING .TERMS OF MEMBERS, ORGANIZATION, POWERS AND DUTIES OF THE PARK, PLAYGROUND AND' RECREATION COMMISSION; AND REPEALING ORDINANCE NO. 215 (NEW SERIES). WHEREAS, the ordinance hereinafter set forth in printed form has been proposed and submitted to the Council of the City of San Luis Obispo by an initiative petition signed by registered electors of _said'City exceeding in number to twenty -five per centum of the entire vote cast for all candidates for Mayor at the last preceeding general municipal election at which a mayor was.elected; and WHEREAS, the City Clerk of the City of San Luis Obispo has attached his Certificate of Sufficiency to said initia- tive petition and filed the petition with said certificate with the City Council on January 7, 1946; and WHEREAS, the City Charter provides in Article;XIII that said initiative ordinance may be passed without alteration by the City Council within twenty days after the attachment of said C ertificate of Sufficiency. NOW, THEREFORE,. BE IT RESOLVED•by the Council of the City of 'San Luis Obispo that said .proposed.initiative.ordinance, which is entitled and reads as.follows: ANl ORDINANCE PROVIDING FOR THE, APPOINTMENT OF AND PRESCRIBING TERMS OF MEM- BERS, ORGANIZATION, POWERS AND DUTIES OF THE PARK, PLAYGROUND AND RECREATION COMMISSION; AND REPEALING ORDINANCE NO. 215 (New Series). SECTION 1. (a) The Park, Play- ground and Recreation Commission provided for in Section 120 of the charter of the City of San Luis Obis- po shall be hereinafter designated as the "Commission" and the City of San Luis Obispo shall be hereinafter designated as the "City." (b) The Commission shall control and manage the park, playground and recreation activities, properties and facilities of the City. (c) The Commission shall be com- posed of five (5) members, hereinafter referred, to as the "Commissioners." The Commissioners shall be appointed, at such times and for terms as are hereinafter provided, by the Mayor, by and with the approval of the City Council, by majority vote.. (d) The first members of the Com- mission shall be appointed specifically and by name, one for term expiring June 30, 1946, and one each respec- tively for terms expiring June 30, 1947, June 30, 1948, June 30, 1949, and the fifth for term expiring June 30, 1950. Thereafter, each member ap- pointed shall hold office for term of five (5) years from and Including the July 1st next succeeding expiration of his predecessor's term and includ- ing and expiring on June 30th of the fifth year after the beginning of his term; the 'method of appointment' to be provided in paragraph (c) of Sec- tion 1. (e) Absence from four (4) consecu- tive regular meetings without the for- mal consent of the Commission shall be deemed to constitute a retirement of such member. Should a vacancy occur from any cause, a successor shall be appointed as provided in para- granh (c) of Section 1. (f) The Commissioners shall all serve without compensation. All members of the Commission shall be residents of the City of San Luis Obispo. SECTION 2. (a) Within ten (10) days after their appointment the mem- bers of the Commission shall meet in regular session and organize by elect - Ing from their members a Chairman, and a Vice- Chairman, who shall each hold office for one (1) year. There- after, the Commission shall meet in regular session at least once each month at a time and place designated by a vote of its members. It shall be the duty of the chairman, and in his absence, the Vice - Chairman, to preside over all meetings of the Commission and transmit its recommendations to the City Council when such action is required under this ordinance or the City Charter. (b) Special meetings of the Com- mission may be called by the chair- . man or by any three (3) members. Written notice of each special meet- ing must be given not less than three (3). hours before such meeting to all members not joining in the call who are in the County of San Luis Obispo. (c) In the absence or lack of a paid secretary, the Commission may designate a temporary secretary at any meeting, who may or may not be be, a member of the Commission. (d) Three members shall constitute a quorum, but a less number may,ad- journ from time to time to a day cer- tain, (e) All meetings, both regular and special, shall be open to the public. (f) The Commission shall- have the power to adoptr by- laws, rules and regulations for the proper conduct of business of the Commission and the conduct of.the park, playground and recreation activities of the City. SECTION 3. (a) The duties of the various officers of the Commission shall be as follows: (1) The chairman shall preside at all meetings, submit all motions to vote, and in general, -do all things ordi- narily required of a commission chair- man; he shall prepare an annual re= Port on activities of the Commission to the City Council prior to the be- ginning- of each fiscal year, in which report shall be Included an annual budget covering the anticipated reve- nues and expenditures of the Commis- sion for the succeeding year; in the lack, absence, or. disability of the Superintendent, he shall audit all claims against the Park, Playground and Recreation Fund, which claims shall thereafter be presented to the City Council, to be paid in accordance with the provisions of the city char- ter, (2) The vice- chairman shall assume the duties of the chairman in his ab- sence; (3) All such officers shall have the right to vote on all submitted motions at meetings. SECTION 4. (a) The general objec- tives of the Commission -shall be to encourage, foster, facilitate, establish and maintain a supervised program of recreation, parks, and playgrounds, to, be made available to all residents and visitors of the city. SECTION 5. (a) To achieve the ob- jectives the following shall be the Powers and duties of the Commission: (1) To establish an adequate system of parks, playgrounds, and any other recreation centers or facilities which it deems advisable and to equip, super- :-vise; ­and maintain them, and - to: pro- vide necessary and adequate compen- sated personnel properly to do so, the compensation-of-all-the employees. ,. employees ,- clu`dnig� .the— superinia nt'nd ,�tihe Secretary,to - be._recommended -`hetiy the Commission. � ande, fixed, -_by t`'City f, Council. In . accordance with the` pio- yislons of- .the.,city ,chac'tei °° (2) To use for recreation purposes any lands or buildings of the city, any lands or buildings of the United States or of the State of California, any lands or buildings of the county of San Luis Obispo or of any school district or other subdivision of the county, or any lands or buildings of any corporation, association or pri- vate person, provided that in all the foregoing instances the consent or agreement of the owner or the au- thority in charge thereof shall first have been obtained. (3) To acquire by gift or purchase such personal property as in its judg- ment is necessary to effect the desired objectives, all purchases to be made. through the Department of Public Supplies, as provided in the City Char- ter, and to recommend to the City Council the acquisition by purchase, condemnation or otherwise of such real property as in Its judgment the Commission deems necessary to carry out Its objectives. (4) To employ a general manager for the Commission who shall receive monthly compensation for his services, to be fixed by the City Council, and shall be employed on a full or part - time basis. Such general manager shall be designated by the title "Superin- tendent" and shall In general perform the following duties: -t—(a) To administer tine affairs of the Commission as its chief administra- tive officer; (b) To appoint, discharge, suspend, or transfer the employees. of the Com- mission, other than the secretary of the Commission, if any, and to issue instructions to said employees, other .than the secretary, in the line of their duties; (c) To recommend to the Commis - sion, prior to the beginning of each fiscal year, an annual budget cover- ing the anticipated revenues and ex- penditures of the Commission, which in turn shall be submitted to.the City Council for its approval; (d) To audit all claims against the Park, Playground and Recreation Fund, which claims shall thereafter be presented to the City Council, to be paid in accordance with the pro- visions of the City Charter; (e) To assist the chairman in the preparation of the annual report; (f) To exercise such further powers in the administration of the affairs of the Commission as- may be conferred upon him by the Commission. (5) To employ a secretary for the Commission, who shall' receive a com- pensation for his or her "services, -said salary to be fixed by the City Coun- cil. Such secretary shall keep com- plete reports on all meetings of the Commission, shall prepare all cor- respondence issuing from the Commis- sion and shall assume such other duties as shall be delegated by the Commission. (6) In general, to enter into any contracts and to do any and all things necessary and proper for the establish- ment, development, supervision and maintenance of a well rounded pro- gram of recreation, and system of parks and playgrounds, within limits of available funds as provided for by this ordinance, and as provided by the City Charter. SECTION 6. (a) The Commission may accept all monies appropriated for its purpose by the City and any other public or quasi- public body, and may accept all gifts, donations, lega- cies, or bequests, of ,personal prop - -erty from any-other source; - public or private. All ironies so obtained by the Commission shall be deposited in the Treasury of the City in the park, play- ground and recreation fund, which ' fund.shall be used exclusively for park, playground and recreation purposes and shall be paid out only with the approval of the Commission obtained through a vote at regular or special meetings. ,(b) The City Council shall appro- priate such monies, and allow the use of such city property, real and per- sonal, as it may deem necessary for the purpose of carrying on the ac- tivities of the Commission. SECTION 7. Ordinance No. 215 (New Series) entitled, "An Ordinance Estab- lishing a Public Recreation Commis- sion, Providing for the Appointment of a Board of Recreation Commis- sioners and Fixing Powers, Duties and Term of Office of Such Commissioners" finally passed and adopted by the City Council of the City of San Luis Obispo on July 1, 1940, and all ordi- nances and parts of ordinances in con- flict with this ordinance, are.hereby repealed. SECTION 8. If any section, subsec- tion, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this ordinance. It is hereby declared that this ordi- nance and' each section,, subsection, sentence, clause and phrase hereof would have been passed or adopted irrespective of the fact that any one or more sections, subsections, sen- tences, clauses or phrases shall. be declared invalid, and the same is hereby passed without alteration. PASSED AND ADOPTED this 7th day of January, 1946, by the following vote: AYES: G.W.Baker, F.L.Gist, Clyde T. O'Nan NOES : R. P. Howell, Ralph C. Kennedy ABSENT: None ATTEST* C ity Clerk