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ORDINANCE NO. 2513
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF MERCED, CALIFORNIA,
AMENDING CHAPTER 2.52, "BICYCLE
ADVISORY COMMISSION," OF THE MERCED
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF MERCED DOES ORDAIN
AS FOLLOWS:
SECTION 1. AMENDMENT TO CODE. Chapter 2.52, "Bicycle
Advisory Commission," of the Merced Municipal Code is hereby amended to read as follows:
"Chapter 2.52
BICYCLE AND PEDESTRIAN ADVISORY
COMMISSION
Section:
2.52.010 Purpose.
2.52.020 Establishment.
2.52.030 Terms.
2.52.040 Meetings.
2.52.050 Officials.
2.52.060 Jurisdiction of the Commission.
2.52.010 Purpose.
The purpose of the Bicycle and Pedestrian Advisory
Commission is to serve as an advisory body to the City
Council on matters having to do with bicycling,
pedestrian activity, and other modes of active
transportation within the City of Merced, as well as the mobility needs of the elderly and those with disabilities.
It is the intent of the City Council to improve conditions for users of all active modes in the City of Merced,
promote active transportation with the associated benefits of improved air quality, improved safety conditions for users of all modes, and health benefits, and to help
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advise on matters of policy, programs, and bike routes for active transportation users of all ages. Active
transportation includes any method of travel that is
human-powered, including, but not limited to, walking,
bicycling, skateboarding, and use of wheelchairs and
other assistance devices.
2.52.020 Establishment.
A. Pursuant to Section 700 of the Charter, there is
hereby established a Bicycle and Pedestrian Advisory
Commission which shall consist of seven (7) voting
Members. At least two (2) voting Members of the
Commission shall be from a recognized bicycle
organization. All seven (7) voting Members must be
qualified electors of the City of Merced. Six (6) Member shall each represent a different District of the City of Merced, with one (1) Member serving at-large.
B. A majority of the voting Members of the
Commission shall constitute a quorum.
C. In accordance with Section 702 of the Charter,
Members shall be appointed by at least four (4)
affirmative votes of the City Council and subject to
removal by motion of the City Council adopted by at
least five (5) affirmative votes.
D.
4) Members to sit on the Commission as ex-officio, non- voting Members. Said ex-officio, non-voting Members
may be non-City residents who live within the City of
Merced's sphere of influence or persons who represent a Merced-based school, persons who represent an
organization specializing in the needs of individuals with disabilities or the elderly, or persons who otherwise
demonstrate a strong concern for active transportation
related issues within the City of Merced.
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2.52.030 Terms.
A. In accordance with Section 702 of the Charter, the
Bicycle and Pedestrian Advisory Commission Members
shall serve for a term of four (4) years and until their respective successors are appointed and qualified.
B. Notwithstanding subsection A of Section 2.52.020
of this Code, the existing Members of the Bicycle
Advisory Commission shall continue their appointed
terms as Members of the Bicycle and Pedestrian
Advisory Commission, regardless o the District of their residence. If the single Member serving at-large is
insufficient to cover any overlapping Districts of
residence, the overlapping Members shall, upon the first meeting following the enactment of this Ordinance,
determine which Member is serving the District of their residence and which will serve as an at-large
representative for a District without an existing
representative until the end of their term.
2.52.040 Meetings.
Regular Bicycle and Pedestrian Advisory Commission
meetings shall be held on the fourth Tuesday of every
even numbered month during normal City business hours
or as otherwise set by Resolution of the City Council.
The meetings shall be conducted in accordance with
Section 704 of the Charter.
2.52.050 Officials.
A. In accordance with Section 704 of the Charter, the
Members of the Bicycle and Pedestrian Advisory
Commission shall as soon as practical following the first day of July, organize by electing two (2) of the seven (7) voting Members to serve as Chair and Vice-Chair at the
pleasure of the Commission.
B. Notwithstanding subsection A of this Section, the
Members of the existing Bicycle Advisory Commission
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currently serving as Chair and Vice-Chair shall be
conferred their respective roles as part of the Bicycle and Pedestrian Advisory Commission upon the enactment of
this Ordinance and shall retain those positions until the next annual election.
2.52.060 Jurisdiction of the Commission.
A. The Bicycle and Pedestrian Advisory Commission
shall have the responsibilities as provided below:
1. Review and advise the City Council, as directed by
the City Council or requested by the staff, on the
design of capital improvement projects, street
improvements, and parking facility projects as they
relate to bicycling, pedestrian activity, or other
active transportation issues.
Review and advise the City Council, as directed by
the City Council or requested by the staff, on
changes and updates to the Active Transportation
and Safe-Routes-to-School Plan, General Plan,
Municipal Code and other policy documents which
relate to active transportation
Promote any and all forms of active transportation
as a viable form of transportation.
Assist in the development and dissemination of
awareness and education materials for all forms of
active transportation to the community.
5. Initiate requests to City staff from the community
on issues of concern related to bicycling,
pedestrian issues, and issues that relate to other
forms of active transportation or the transportation
needs of elderly individuals or those with
disabilities.
Such other duties as the City Council may
prescribe."
4 X: Ordinances|2019\Planning/Amending Bicycle Advisory Commission.docx SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption.
SECTION 3. SEVERABILITY. If any section, subsection,
subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4. PUBLICATION. The City Clerk is directed to cause a summary of this Ordinance to be published in the official newspaper at least once within fifteen (15) days after its adoption showing the vote thereon.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Merced on the 18th day of February _ 2020, and was passed and adopted at a regular meeting of said City Council held on the 2nd day of March , 2020, by the following called vote:
AYES: 6 Council Members: BLAKE, MARTINEZ, MCLEOD,
MURPHY, SERRATTO, SHELTON
NOES: 0 Council Members: NONE
ABSTAIN: 0 Council Members: NONE
ABSENT: 1 Council Members: ECHEVARRIA
APPROVED:
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ATTEST:
STEVE CARRIGAN, CITY CLERK
Of MERCED CALIFORNIA
1889
(SEAL) 1.0
APPROVED AS TO FORM:
12/2/19
City Attorney Date
6 X:\Ordinances|20191Planning\Amending Bicycle Advisory Commission.docx Legal#7316
PUBLIC NOTICE OF
PROOF OF PUBLICATION This spac NANCE ADOPTION OF ORDI-S (2015.5 C.C.P) CITY OF MERCED
Proof of Publication of ORDINANCE NO: 2513
NOTICE IS HEREBY
GIVEN that on March 2,
STATE OF CALIFORNIA) 2020, the City Council of
Iss. the City of Merced adopted
Ordinance No. 2513, enti-
tled:
COUNTY OF MERCED AN ORDINANCE OF THE
opy of notice ICITY COUNCIL OF TH
ITY OF MERCED, CAL
FORNIA, AMENDING
CHAPTER 2.52, "BICY-
CLE ADVISORY COM-
MISSION." OF THE
MERCED MUNICIPAL
CODE
transportation, as well as
elderly anity nose if the
LEGAL#7316
PUBLIC NOTICE OF ADOPTION OF AYES: 6 Council
Members: BLAKE,
ORDINANCE NO.2513
MARTINEZ, MCLEOD,
MURPHY, SERRATTO,
Publication Date: 03-05-2020 SHELTON
Nouncil Members: NONE
ABSTAIN: 0 Council
Members: NONE
ABSENT: 1
Council Members:
ECHEVARRIA
I certify (or declare) under penalty of perjury that the A copy of the full text of Or- dinance No. 2513 is avail-
foregoing is true and correct.
able for review in the Office
of the City Clerk, City of
Merced, 678 West 18th
Street, Merced, California,
and on the City's website
Dated this: 6thof March, 2020 at www.cityofmerced.org.
Jennifer Levesque
DEPUTY CITY CLERK
PUBLISH: 3/5/2020
Publish Date:03-05-2020
Proof of Publication - Merced County Times, 2221 K St., Merced, California, 95341 Telephone 383-0433 Adjudged a newspaper of general circulation by court decree No. 143600.