HomeMy WebLinkAboutOrd 16371
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m
ORDINANCE NOs ia3 n7
ORDINANCE OF THE CITY OF BURLINGAME UPDATING TITLES 1, 2, AND 3
OF THE MUNICIPAL CODE
The CITY COUNCIL of the CITY OF BURLINGAME does
hereby ordain as follows:
Section 1. The purpose of this ordinance is to update Titles 1, 2, and 3 to make them
consistent with current law and practice.
Section 2. Section 1.04.010 is amended to read as follows:
Section 1.04.010 General terms defined.
Whenever the word "person" appears in this code, it includes any individual, firm,
association, corporation, limited liability company, trust„ of eapartnership. Masculine gender
includes the feminine, feminine gender includes the masculine, and the singular number includes
the plural.
Section 3. Section 1.12.010 is amended to read as follows:
Section 1.12.010 Infraction penalty for violation of code.
Except as provided in Section 1.12.015, any person who commits any act declared by any
provision of this code to be unlawful, or who violates the provisions, or fails to comply with the
mandatory requirements of any section or portion of this code, shall be punishable as for an
infraction. Every such violation is punishable by:
(1)
A
fine
not
exceeding one
hundred
dollars
($100)
for
the first violation;
(2)
A
fine
not
exceeding two
hundred
dollars
($200)
for
a second violation of the same
code section within twelve (12) months;
(3) A fi
ne not exceeding five hundred dollars for each additional violation of the same
code section within twelve (12) months.
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Section 4. Section 1.12.020 is amended to read as follows:
Section 1. 11020 Each day a separate offense.
A person is guilty of a separate offense for each and every violation of the provisions of
this code, or any section or part thereof, committed, continued or permitted by such person and
shall be punished accordingly. This section shall prevail over any penalty provision contained in
any code adopted by reference or any penalty otherwise set forth in this code.
Section 5. Section 1.12.030 is amended to read as follows:
Section 1.12.030 Accessory to violations.
The provisions of this chapter shall apply to any person causing, allowing, permitting,
aiding, abetting or suffering the commission of any act made unlawful by any provisions of this
code, or the violation ofthe provisions or the failure to comply with the mandatory requirements
of any provision or part of this code.
Section 6. Chapter 1.16 is amended to read as follows:
Chapter 1.16
ABATEMENT OF NUISANCES
Sections:
1.16.010
Nuisance
defined.
1.16.020
Notice to
abate nuisance.
1.16.030
Summary
abatement — Cost as lien.
1.16.040
Other remedies.
1.16.010
Nuisance
defined.
A nuisance, within the meaning of this chapter, is defined as anything which is
dangerous, injurious or a menace to health or safety, or is indecent or offensive to the senses,
or is an obstruction to the free use of property, so as to interfere with the comfortable
enjoyment of life or property, or which unlawfully obstructs the free passage or use in the
customary manner of any stream, or any public park, square, street or highway, or which by
any provision of this code is specifically declared to be a nuisance; provided, however,
nothing which is done or maintained under the express authority of law is a nuisance.
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1.16.020 Notice to abate nuisance.
(a) If the city manager determines that a nuisance exists upon private property, the
manager may refer the matter to the city council for hearing and determination. Notice of the
hearing before the city council will be given by first class mail to the owners of the real
property at the last known address of the owners as those persons' names and addresses
appear on the last equalized assessment roll. If the owners' names and addresses cannot be
determined, notice of the hearing will be posted on the property itself. Notice will be given at
least ten (10) days before the scheduled date of the hearing.
(b) At the hearing, the council will receive written and oral testimony from all
interested persons. At the conclusion of the hearing, the council may proceed to order
abatement of the nuisance if the council determines a nuisance exists within certain time
periods. The decision of the council shall be final and conclusive.
1.16.030 Abatement by City.
(a) If the propert
y owners fail to abate the nuisance as ordered by the city council,
the manager may proceed to abate the nuisance with city forces or by contract forces. The
manager will keep an account of the expenses incurred by the city in abating the nuisance and
report
these expenses to the city council.
(b) A copy of the report
together with a notice of hearing on confirming the report
and assessing the property for the expenses shall be mailed by first
class mail to the owners of
the real property at the last known address of the owners as those persons' names and
addresses appear on the last equalized assessment roll. If the owners' names and addresses
cannot be determined, notice of the hearing will be posted on the property itself. Notice will
be given at least ten (10) days before the scheduled date of the hearing on the expenses.
(c) At the hearing, the city council will consider the report an
d receive any written or
oral testimony for any interested persons regarding the proposed assessment ofthe expenses.
Following the hearing, the city council may make such mocations in the proposed
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assessment as the council may deem just and proper, and adopt a decision by resolution.
(d) The amount of the expenses, if any, of abating the nuisance adopted by the city
council will constitute a special assessment against the applicable property, and after being
approved by the council, shall constitute alien on the property for the amount of the
approved assessment until paid.
(e) A certified copy of the resolution will be filed with the tax collector to be collected
at the same time and in the same manner as property taxes are collected, and shall be subject
to the same interest and penalties, and the same procedure and sale in case of delinquency.
1.16.035 Summary Abatement.
Whenever any condition on or use of property causes or constitutes or reasonably
appears to cause or constitute an imminent or immediate danger to the health or safety of the
public or a significant portion thereof as determined by the manager, the manager shall have
the authority to summarily and without notice abate the same insofar as necessary to make
the condition or use not an imminent or immediate danger. An account of the expenses
incurred by the city with its own forces or by contract in conducting this abatement will be
accounted for and reported to the council and be subject to the same notice, hearing,
confirmation, and assessment as provided in section 1.16.030 above.
1.16.040 Remedies Not Exclusive.
Nothing in this chapter shall be held or construed to affect or prejudice any other
remedy or penalty, civil or criminal, which may exist or be adopted or enacted for creating,
causing, committing or maintaining of a nuisance within the city.
Section 7. Section 2.04.010 is amended to read as follows:
2.04.010 Time of meetings.
The regular meetings of the city council will be on the first and third Mondays of each
month at such hour as they shall determine and may adjourn from time to time as in their
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judgment may seem proper. However, when the day fixed for any regular meeting of the city
council falls upon a day designated by law as a city holiday, the meeting will be held on a day
later in the week as the council may designate. The council may cancel or reschedule a
regular meeting by a vote of the council.
Section 8. Section 2.04.020 is amended to read as follows:
2.04.020 Place of meetings.
The place of regular meetings of the city council shall be at the city hall, unless the
council designates otherwise or unless the city hall isnot usable for a public meeting, in which
case the council may establish another meeting place in the city..
Section
9. Section 2.12.010
is amended to
read as follows:
2.12.010
Official hours
for municipal offices
— Acceptance of bids.
The office hours for the opening and closing of all municipal offices within the city for
the purpose of this code shall be eight a.m. for the opening and five p.m. for the closing, on
all business days, and such offices shall be closed all day on city holidays, Saturdays and
Sundays; provided, however, that in the matter of public bidding on any work to be done for
the city, sealed proposals or bids may be designated for acceptance by the city up to eight
p.m. of the day when the proposals or bids are to be opened.
Section 10. Chapter 2.16 (employment hours) is repealed.
Section 11. Section 2.29.010 is amended to read as follows:
2.29.010 Posting notices.
Notices inviting bids on public projects which are required by the provisions of Public
Contracts Code section 20164 to be posted shall be posted at the following three municipal
buildings in the city: (1) the city hall; (2) the main public library; and (3) the recreation center,
and may be posted at such other public places within the city as the director of public works
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0161
Section 12. Section 3.05.020 is amended to read as follows:
3.05.020 City Attorney
The city attorney shall be selected and appointed by the city council on the basis of
the appointee's qualifications, with special reference to the appointee's actual experience in
the field of municipal law and in respect to the duties of the office as hereinafter set forth.
The city attorney shall hold office at and during the pleasure of the city council. The city
attorney may be suspended or removed by a four-fifths vote of the city council.
The position of city attorney shall be afull-time position and the appointee shall not
be entitled to engage in private practice, nor shall the city attorney be entitled to make court
appearances except on behalf of the city. To become and remain eligible for this position, the
appointee shall be an attorney duly admitted and qualified to practice in the Supreme Court of
the State of California, and shall have been an active member in good standing of the State
Bar of California for at least five (5) years prior to appointment. Nothing contained in this
chapter shall be construed to prohibit the city council from retaining special counsel to
represent the city in certain legal matters, nor to prevent the council from retaining the
services of a qualified attorney-at-law on a full or part-time basis to act as city attorney, de
facto or de jure, upon the discharge, resignation or disability of any city attorney appointed
pursuant to this chapter.
Section 13. Subsections 3.05.040(h) and (i) are amended to read as follows:
(h) Devote such time to the duties of the office, an
d attend such conferences,
meetings, and proceedings as the council may specify from time to time, and as shall
determined by the work requirements of the legal department;
(i) Keep on file in the city attorney's office all
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written communications, opinions,
briefs, and papers used in the normal course of legal activities of the legat depart
ment. The
city attorney shall deliver an books, records, papers, documents, and propert
y of every
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description, belonging to the city, to the attorney's successor in office;
Section 14, Section 3.13.030 is amended to read as follows:
3.13.030 Duties of finance director/treasurer.
The finance director/treasurer, subject to the direction and supervision of the city
manager, shall promote, secure and preserve the financial and property interests of the city,
and shall have the following powers and perform the following duties:
(a) Administer the financial affairs of the city, under the direction of the city manager.
(b) Be the accounting officer of the city, maintain a general accounting system and
records readily reflecting the financial condition of the city, and prepare and present to the
city manager and city council all financial statements and reports required by the city council
or the city manager.
(c) Be responsible for the preparation of all vouchers for payment, and the
preparation of the register of demands, along with the preparation and handling of the city
payroll.
(d) Before payment, audit and approve all bills, invoices, payrolls, demands or
charges against the city, and, with the advice of the city attorn
ey when necessary, determine
the regularity, legality and correctness of all claims, demands or charges.
(e) Receive from the various officers and depart
ment heads of the city the annual
budget requests, and in conjunction with the city man
ager, compile the annual budget for
submission to the city council.
(f) Enforce the licensing and business tax provisions of the city ordinances.
(g) Be the ex officio tax collector and except for the collection of ad valorem
property taxes and assessments for municipal improvements, and as provided for in chapter
4.05 and elsewhere in this code, collect all
taxes levied by the city and deposit them as
required by law.
(h) Perform all other duties as required by other city ordinances, resolutions and state
laws governing fiscal administration.
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(i) Serve in any appointed office or position within the city government as appointed
by the city manager, and hold and perform the duties thereof at the pleasure of the city
manager and without further compensation except as expressly provided by the city manager
at the time of such appointment or thereafter.
(j) Perform such other duties and exercise such other powers as are necessarily
incident to the above duties and powers, or as maybe assigned or delegated to the finance
director/treasurer from time to time by the city manager.
Section 14. Section 3.13.040 is amended to read as follows:
3.13.040 Delegation.
Pursuant to sections 53607, 53608, 53621, and 53684 of the Government Code, the
authority to invest and reinvest money of the city, to sell or exchange securities so purchased,
and to deposit such securities for safekeeping is delegated to the finance director/treasurer.
This delegation includes investments made pursuant to section 53609 of the Government
Code.
Section 15. Section 3.13.050 is amended to read as follows:
3.13.050 Investments.
The finance director/treasurer is authorized to purchase, at their original sale or after
they have been issued, securities which are permissible investments under Sections 53601,
53635, and 53684 of the Government Code, as they now read or may hereafter be amended,
from money in the finance director/treasurer's custody which is not required for the
immediate necessities of the city and as the finance director/treasurer may deem wise and
expedient, and to sell or exchange for other eligible securities and reinvest the proceeds of the
securities so purchased. The finance director/treasurer shall make a monthly report of all
such investments to the city council.
Section 16. Section 3.22.020 is amended to read as follows:
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3.22.020 Removal of appointed members — Filling vacancies.
Any member of the commission may be removed from office, for cause, prior to the
expiration of that member's term, by the affirmative vote of not less than three-fifths of all of
the members of the city council. Vacancies shall be filled by appointment by the mayor with
the approval of the council, and shall be for the unexpired portion of the term of office
vacated.
Section 17. Section 3.22.030 is amended to read as follows:
3.22.030 Meetings —Officers
The commission shall hold regular meetings at least once a month when there is
business to conduct and a quorum present and may hold such other meetings as maybe
necessary or expedient. A majority of the commission shall constitute a quorum for the
purpose of transacting the business of the commission. The commission shall elect a chair and
secretary, both of whom shall serve at the pleasure of the commission.
Section 18. Section 3.22.050 is amended to read as follows:
3.22.050 Powers and duties.
The commission shall
areas;
make recommendations to the city council and to advise the
council in matters pert
aining to traffic, safety and the parking of motor vehicles generally, and
in part
icular as to:
(a) The parking of motor vehicles on public streets and on public parking lots and
(b) The establishment of metered zones and the maintenance of free or metered
parking spaces;
(c) The rates per hour per space to be paid for the metered parking spaces;
(d) The rental of off-street parking spaces;
(e) The permissible time for parking in any parking space;
(f) The design and improvement of, including lighting of, or traffic flow on, any
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public streets or parking lot;
(g) The posting of signs giving notice of parking regulations;
(h) The landscaping of any parking lot; and
(i) The purchase and installation of parking meters.
Section 19. Section 3.28.010 is amended to read as follows:
3.28.020 Removal of member from office —Filling vacancies.
The city council may remove any appointed member of the beautification commission
from office prior to the expiration of that member's term of office, with or without cause by
an affirmative vote of not less than three-fifths of all the members of the city council.
Vacancies on the commission, except as to ex officio members, shall be filled by appointment
by the mayor, subject to the confirmation of the city council.
Section 20. Section 3.28.030 is amended to read as follows:
The commission shall hold regular meetings at least once each month when there is
business to conduct and a quorum present, and may hold such additional meetings as it may
deem necessary or expedient. A majority of the commission shall constitute a quorum for the
purpose of transacting the business of the commission. The commission shall, as soon as
practicable, after the time of the annual appointment of a member to the commission, elect a
chair, vice chair, and a secretary thereof, who shall serve at the pleasure of the commission.
Section 21. Section 3.28.050 is amended to read as follows:
3.28.050 Powers and duties.
Subject to the approval of the city council, the beautification commission, shall:
(a) Act in an advisory capacity to the city council, the city manager, an
d the director of
parks and recreation in all matters of city trees and protected pri
vate trees and to cooperate with
other governmental and civic groups in the advancement of sound reforestation and tree
protection planning and programs;
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(b) Recommend, develop, sponsor, and implement programs and activities to promote
community awareness and participation in city beautification;
(c) Recommend a master street tree plan for adoption by the city council;
(d) Recommend an "Official Street Tree List" to the city council for adoption,
designatinC specific types of trees which can be planted on any street, based on pertinent local
street and tree factors;
(e) Recommend specific types of street trees for any new subdivision;
(f) Recommend a survey to be made from time to time to determine those street trees
which are to be retained and those which should be removed to conform to the street tree
planning and maintenance program, having regard for boththe immediate and long-term needs
of the city;
(g) Recommend or comment on plans and programs for the planting, maintenance and
removal of all street trees in the city;
(h) Recommend or comment on plans and programs for the uniform planting, care and
maintenance of street trees and of shrubs, grass plots and other ornamental or beautifying
plantings upon the streets and highways;
(i) Recommend or comment on plans and programs for the development and
beautification of the public parks, parkways and buildings belonging to, or leased by, the city;
(j) Consider the annual budget ofthe parks and recreation depart
ment during the process
of its preparation and make recommendations thereto to the city council and city manager and,
in the case of capital improvement, also to the planning commission;
(k) As part of each commission meeting, provide the opport
the commission; and
time.
unity for citizens to address
(1) Perform such other duties as maybe delegated to it by the city council from time to
Section 22. Chapter 3.32 is amended to read as follows:
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Chapter 3.32
PARKS AND RECREATION COMMISSION
3.32.010
Organization — Terms of members — Compensation.
3.32.020
Removal of member from office — Filling vacancies.
3.32.030
Meetings — Officers.
3.32.040
Record of proceedings kept by secretary — Filing.
3.32.050
Powers and duties.
3.32.010
Organization — Terms of members — Compensation.
There shall be a parks and recreation commission in the city consisting of seven (7)
members, appointed by the council; their terms of office shall be for a period of three (3) yeazs
and until their successors are appointed and qualified. At the time of their application for the
commission and throughout their terms as commissioners, they shall be registered, qualified
electors of the city. The members shall serve without compensation, but all necessary expenses
shall be paid by appropriate council action.
3.32.020 Removal of member from office —Filling vacancies.
The city council may remove any appointed member of the commission from office prior
to the expiration of that member's term of office, with or without cause by an affirmative vote
of not less than three-fifths of all the members of the city council. Vacancies on the commission,
except as to ex officio members, shall be filled by appointment by the mayor, subject to the
confirmation of the city council.
3.32.030 Meetings —Officers.
The commission shall hold regular meetings at least once each month when there is
business to conduct and a quorum present, in the recreation center or such other place in the city
as the commission may designate, and may hold such additional meetings as it may deem
necessary or expedient. A majority of the commission shall constitute a quorum for the purpose
oftransacting the business of the commission. The commission shall, as soon as practicable, after
the time of the annual appointment of a member to the commission, elect a chair, vice -chair, and
a secretary, who shall serve at the pleasure of the commission.
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3.32.050 Powers and duties.
Subject to the approval of the city council, the parks and recreation commission shall:
(a) Act in an advisory capacity to Lite city council, the city manager, the director ofparks
and recreation, in all matters of public parks and recreation, and to cooperate with other
governmental agencies and with civic groups in the advancement of sound recreation planning
and programming;
(b) Recommend policies on recreation and park service for approval of the city council;
(c) Advise the director ofparks and on problems of development of recreation areas;
facilities, programs and improved recreation services;
(d) Recommend the adoption of standards on areas, facilities, programs and financial
support;
(e) Make or cause to be made, periodic inventories ofparks and recreation services that
exist or may be needed;
(f) Aid in coordinating the parks and recreation service with the programs of other
governmental agencies and ofvoluntary organizations;
(g) Review the effectiveness of the parks and recreation programs with the director of
parks and recreation;
(h) Interpret the policies of the city and the functions of the parks and recreation
departments to the public;
(i) Make studies and recommend rules and regulations for adoption by the city council
for the use and enjoyment of all public parks and recreational facilities, and part
icularly of
specific recreational facilities, including, but not limited to, playgrounds, play fields, recreational
centers, swimming pools, ball diamonds, basketball courts, golf facilities, boating areas and such
other recreational areas and facilities as may require regulation from time to time;
(j) Review the annual budget ofthe parks and recreation depart
ments before presentation
to the city man
ager and make recommendations thereto to the city council and the city manager
and, in the case of capital improvements, also to the planning commission.
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Section 23. Section 3.34.020 is amended to read as follows:
3.34.020 Removal of member from office — Filling vacancies.
The city council may remove any appointed member ofthe senior commission from office
prior to the expiration of that member's term of office, with or without cause, by an affirmative
vote of not less than three-fifths of all members ofthe city council. Vacancies on the commission
shall be filled by appointment by the mayor, subject to the confirmation of the city council.
Section 24. Section 3.34.030 is amended to read as follows:
3.34.030 Meetings —Officers.
The commission shall hold regular meetings at least once each month when there is
business to conduct and a quorum present, and may hold such additional meetings as it may
deem necessary or expedient. A majority of said commission shall constitute a quorum for the
purpose of transacting the business of the commission. The commission shall, as soon as
practicable, after the time of the annual appointment of a member of the commission, elect a
chair, vice -chair, and a secretary, who shall serve at the pleasure of the commission.
Section 25. Section 3.34.050 is amended to read as follows:
I 3.34.050 Powers and duties.
Subject to approval of the city council, the senior commission shall:
(a) Act in an advisory
capacity to the city council and the residents of the city on
issues and needs of the senior population.
(b) Coordinate and strengthen public support for senior citizens and function in an
advocacy capacity,
(c) Recommend programs and policies where appropriate to meet evaluated needs.
(d) Serve as a clearing -center for city senior activities.
(e) Provide information and recommendations on senior legislation.
Section 26. Subsection 3.36.030(B) is amended to read as follows:
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(B) The city manager who shall serve as vice chair and director of emergency services;
Section 27. Section 3.36.040 is amended to read as follows:
3.36.040 Disaster council powers and duties.
It shall be the duty ofthe city disaster council and it is hereby empowered, to develop and
recommend for adoption by the city council emergency and mutual aid plans and agreements and
such ordinances and resolutions and rules and regulations as are necessary to implement such
plans and agreements. The disaster council shall meet upon the call of the chair or, in the chair's
absence from the city or inability to call such meeting, upon call of the vice chair.
Section 28. Subsection 3.36.050(C) is amended to read as follows:
(C) In the event that the director or assistant director of emergency services is not
available to perform the director's duties, the police chief or director of public works, or the
senior officer present from the fire, police, or public works department, shall assume the duties
until relieved by an officer of higher precedence under the order of succession for director.
Section 29. Subsection 3.36.060(A)6)(e) is amended to read ae follows:
(e) To execute all of the director's ordinary powers as city manager conferred by this
code or by resolution or emergency plan adopted pursuant to this code, and all powers conferred
upon the director by an
y law, by any agreement approved pursuant to this code, and by any other
lawful authority.
Section 30. Subsection 3.36.060(B) is amended to read as follows:
(B) The director of emergency services shall designate the order of succession to that
office, to take effect in the event the director is unavailable to attend meetings and other perform
the director's duties during an emergency. This order of succession shall
council.
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Section 31. Section 3.36.090 is amended to read as follows:
3.36.090 Expenditures.
Any expenditures made pursuant to this chapter in connection with emergency activities
including mutual aid activities shall be deemed conclusively to be for the direct protection and
benefit of the inhabitants and property of the city.
Section 32. Section 3.36.095 is amended to read as follows:
3.36.095 Punishment of violations.
It is a misdemeanor, punishable by a fine of not to exceed five hundred dollars ($500) or
by imprisonment for not to exceed six (6) months, or both, for any person, during an emergency
proclaimed pursuant to this chapter, to:
(A) Wilfully obstruct, hinder or delay any member of the emergency organization in the
enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the
performance of any duty imposed upon any member ofthe emergency organization by virtue of
this chapter;
(B) Do any act forbidden by any lawful rule or regulation issued to this chapter, if such
act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the
lives or property or inhabitants of this city or to prevent, hinder or delay the defense or
protection thereof;
(C) Wear, carry or display, without authority, any means of identification by the State
Office of Emergency Serv
ices.
Section 33.
Section 3.40.020
is amended to read
as follows:
Section 3.40.020
Removal
of appointive member —
Filling vacancies
The city council may remove, for cause, any appointive member ofthe commission from
office, prior to the expiration ofthat member's term, by the affirmative vote of not
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less than four-
fifths of all of the members of the city council. Vacancies shall be fi
lled by appointment by the
mayor subject to confirmation of the city council, and shall be for the unexpired port
ion of the
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term of office vacated.
Section 34. Section 3.40.030 is amended to read as follows:
3.40.030 Meetings — Officers and employees — Record of proceedings.
The commission shall hold regular meetings at least once a month when there is business
to conduct and a quorum present, and may hold such other meetings as may be necessary or
expedient A majority of the voting members of the commission shall constitute a quorum for the
purpose of transacting the business of the commission. Unless otherwise required by State law
or this code, the commission may take action by the affirmative vote of not less than a majority,
and never less than three (3) affirmative votes, of the members present. The commission shall
elect a chair and secretary from among the appointed members for a term of one year, and in the
event of a vacancy of either office, may elect a successor. The commission may appoint such
other officers for the purpose of carrying on its business and functions as it may determine.
The commission shall adopt rules to be approved by the city council for the transaction
of its business, and shall keep a record of all proceedings, resolutions, findings and transactions
of the commission for public inspection, and shall
file a copy thereof with the city clerk for the
city council.
The commission may, with the approval of the city council, contract for and employ
planning consultants and other specialists for such services as it may require.
Section 35. Section 3.48.020 is amended to read as follows:
3.48.020 Removal of member —Filling vacancies.
The city council may remove fr
om office any members of the commission prior to the
expiration of that member's term of office with or without cause, by the affirmative vote of not
less than four-fifths vote of all members of the city council. Vacancies shall be filled by
appointment by the mayor, subject to the confirmation of the city council.
Section 36. Section 3.48.030 is amended to read as follows:
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3.48.030 Meetings — Officers.
The commission shall elect one of its members as chair. They shall meet at the city hall,
or such other location in the city as designated by the commission, at such time as fixed by the
commission. A majority ofthe commission shall constitute a quorum, and no official action shall
be transacted by less than the affirmative vote of at least four (4) members.
Section 37. Subsection 3.52.010(a)(16) is amended to read as follows:
(16) Emergency employees in any office or department ofthe city. For the purposes of
this chapter, an "emergency employee" is any person appointed to a position or employment, the
necessity for which has been created by reason of riot, insurrection or other extraordinary
emergency. No position shall be created, or employment made, hereunder until the existence of
a state of emergency has been proclaimed pursuant to chapter 3.36. All such positions and
employments shall be for the duration of the emergency and shall terminate immediately
thereafter.
Section 38. This ordinance shall be published as required by law.
Mayor
I, ANN T. MUSSO, City Clerk ofthe City ofBurlingame, do hereby certify that
the foregoing ordinance was introduced at a regular meeting of the City Council held on the
21st day of August, 2000, and adopted thereafter at a regular meeting of the
City Council held
on the __5jpiday of Santamhe r , 2000, by the foll
owing vote:
AYES: COUNCILMEMBERS: COFFEY, GALLIGAN, SPINELLI, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: JANNEY
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City Clerk