ORDINANCE NO. 2023-021
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER 2.38 (CHINO COMMUNITY SERVICES, PARKS, AND RECREATION COMMISSION) OF THE CHINO MUNICIPAL CODE WHEREAS, the City of Chino has adopted an ordinance establishing and regulating the duties and responsibilities of the Chino Community Services, Parks, and Recreation Commission and the members’ terms, codified in Chapter 2.38 of the Chino Municipal Code; WHEREAS, the City desires to revise Chapter 2.38 of the Chino Municipal Code to remove the member at large member of the Community Services, Parks, and Recreation Commission; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Section 2.38.030 (Membership – Appointment and term of office) of the Chino Municipal Code is hereby revised as follows (deletions in strikethrough):
A. The membership of the Community Services, Parks, and Recreation commission, as appointed by the mayor of the City of Chino, shall consist of seven members representing a broad interest in recreation, human services, park planning, cultural arts, youth, and senior citizens. Six Seven members shall be appointed by the mayor of the City of Chino with the approval of the city council. and one member shall be appointed by the six other commissioners (member at large). The appointment of the member at large is to be ratified by the city council.
B. In the event that a member appointed by the mayor of the City of Chino is required to take a temporary leave of absence, the mayor may appoint a temporary replacement with the approval of the city council. In the event that a member resigns or dies before the end of his or her term, or for any reason is unable to complete the term, the mayor may appoint a member to fill the vacant position with the approval of the city council.
C. In the event that a member appointed by the six other commissioners (member at large) is required to take a temporary leave of absence, the other six members may appoint a temporary replacement. In the event that the member at large resigns or dies before the end of his or her term, or for any reason is unable to complete the term, the other six members may appoint a member to fill the vacant position. The appointment of the member at large is to be ratified by the city council.
D. All members of the Community Services, Parks, and Recreation commission appointed by the mayor of the City of Chino, as well as the at-large member, shall be residents of the City of Chino at the time of their appointment and throughout their terms of office.
SECTION 3. Section 2.38.040 (Terms of office) of the Chino Municipal Code is hereby revised as follows (deletions in strikethrough):
There shall be seven Community Services, Parks, and Recreation commissioners who shall be appointed for four-year, staggered terms. Effective July 1, 2023, the terms shall be staggered as follows:
Three terms ending June 30, 2027, (three city appointees) One term ending June 30, 2024, (one city appointee)
Three terms ending June 30, 2025 (three two city appointees, one member at large appointed by majority vote of the six other commissioners).
SECTION 4. Section 2.38.050 (Continuation in office) of the Chino Municipal Code is hereby revised as follows (deletions in strikethrough):
Members of the commission shall continue in office until their successors are appointed. Commissioners can be replaced if a member misses three meetings in one year, with the year being defined as July 1st to June 30th, without adequate excuse. Any commissioner can be removed, without cause, by the city council. City council can remove at large appointee, without cause.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
SECTION 6. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.
SECTION 7. Certification. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the Chino Champion, a newspaper of general circulation, within said City in accordance with the provisions of the Government Code. passed, approved, and Adopted this 21st day of NOVEMBER 2023.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
By:
NATALIE GONZAGA, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §
CITY OF CHINO )
I, Natalie Gonzaga, City Clerk of the City of Chino do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting held on the 21st day of November 2023 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
By:
NATALIE GONZAGA, CITY CLERK
Ordinance No. 2023-021