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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