ORDINANCE NO. 645
AN ORDINANCE OF THE CITY OF CORCORAN REPEALING CITY COUNCIL
MEETINGS BEING SET BY MUNICIPAL CODE AND AUTHORIZING COUNCIL
MEETINGS TO BE SET BY RESOLUTION AND REDUCING SIZE OF PLANNING COMMISSION.
THE CITY COUNCIL OF THE CITY OF CORCORAN DOES ORDAIN AS FOLLOWS:
Section 1. PURPOSE. The provisions of this ordinance are necessary to update the Corcoran Municipal Code to reflect the changes adopted by the City Council.
Accordingly, this ordinance is enacted to allow the City Council to set regular meeting dates by way of resolution adopted by a majority vote of the City Council and to reduce the number of commissioners sitting on the planning commission.
Section 2. AMENDMENT. Existing section 3-A, of Chapter 5, of Title 1, of the Corcoran Municipal Code is hereby amended to read in its entirety as follows:
1-05-3: COUNCIL MEETINGS.
A. Regular Meetings: The time, date, and location for regular meetings of the City Council shall be set by resolution of the City Council.
Section 3. AMENDMENT. Existing section 2, of Chapter 1, of Title 2, of the Corcoran Municipal Code is hereby amended to read in its entirety as follows:
2-1-2: MEMBERS; TERMS:
The planning commission shall consist of five (5) members who are appointed by and serve at the pleasure of the city council. The term of office has been and shall be four (4) years or until a successor can be appointed and qualified. Terms of office have been and shall be overlapping and staggered so that a majority of the terms of office do not terminate simultaneously at the end of any given calendar year.
Number of successive terms served shall be at the pleasure of the city council and without set limit. All members of the planning commission have been and shall continue to serve without compensation.
If a commissioner/member is absent from regular meetings for ninety (90) consecutive days, the commissioner/member’s position shall
automatically become vacant and shall be filled by the city council appointment, or reinstatement by the city council.
The city may appoint one or more alternates whose term shall be a four (4) year term from the date of appointment. The alternate shall sit whenever a vacancy (whether temporary or permanent) exists at any regular and/or special meeting of the planning commission.
Section 4. CEQA REVIEW. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15060(c)(2) [the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment] and 15061(b)(3) [there is no possibility the activity in question may have a significant effect on the environment]. In addition to the foregoing general exemptions, the City Council further finds that the ordinance is categorically exempt from review under CEQA under the Class 8 categorical exemption [regulatory activity to assure the protection of the environment]. The City Manager is hereby directed to ensure that a Notice of Exemption is filed pursuant to CEQA Guidelines section 15062 [14 C.C.R. § 15062].
Section 5. NO LIABILITY. The provisions of this ordinance shall not in any way be construed as imposing any duty of care, liability or responsibility for damage to person or property upon the City of Corcoran, or any official, employee or agent thereof.
Section 6. PENDING ACTIONS. Nothing in this ordinance or in the codes hereby adopted shall be construed to affect any suit or proceeding pending or impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance or code repealed by this ordinance, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
Section 7. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of
Corcoran hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 8. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. To the extent the provisions of the Corcoran Municipal Code as amended by this ordinance are substantially the same as provisions in the Corcoran Municipal Code existing prior to the effectiveness of this ordinance, then those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.
Section 9. EFFECTIVE DATE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. Prior to the expiration of fifteen (15) days from the passage hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1) and a summary shall be published once in the Corcoran Journal, a newspaper printed and published in the City of Corcoran, State of California, together with the names of the Council members voting for and against the same.
THE FOREGOING ORDINANCE was passed and adopted by the City Council of the City of Corcoran, State of California, on , 2023 at a regular meeting of said Council duly and regularly convened on said day by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
JEANETTE ZAMORA-BRAGG
Mayor, City of Corcoran
ATTEST:
MARLENE SPAIN
City Clerk, City of Corcoran
MD/20230201 - Corcoran - Draft Ordinance 645 to amend CMC to set CC Meetings by Reso.docx