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2022/04/12 City Council Ordinance 962 AFFIDAVIT OF POSTING Pursuant to California Government Code§36933 and§40806 Pursuant to Rohnert Park Municipal Code 1.08.010 STATE OF CALIFORNIA ) ss County of Sonoma I, Sylvia Lopez Cuevas, City Clerk for the City of Rohnert Park, declare this is a true and correct copy of Ordinance No. 962. Ordinance 962, an Ordinance of the City Council of the City of Rohnert Park Amending Section 2.32.010 and 2.32.040 Regarding Powers of the Parks and Recreation Commission Regarding Cultural Arts was published on 4/15/2022 as required by law, and posted in five (5) public places in said City, to: www.rpcity.org for website posting City Hall 130 Avram Avenue Public Safety Main Station 500 City Center Drive Rohnert Park Community Center 5401 Snyder Lane Rohnert Park Senior Center 6800 Hunter Dr A A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram Avenue, Rohnert Park, California 94928 on 4/15/2022. The full text of Ordinance No. 962 was published in the Community Voice on 4/15/2022 as required by law. Sylvia Lopez Cuevas, City- erk Subscribed and sworn to before me this May 17, 2022 Elizabeth Machado, Deputy City Clerk ROHNERT PARK CERTIFICATION OF PUBLICATION IN APR 21 2022 "The Community VOICE" (Published every Friday) CITY CLERK in the SUPERIOR COURT of the STATE OF CALIFORNIA In and For the County of Sonoma COUNTY OF SONOMA City of Rohnert Park Ordinance No. 962 STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says: That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and was at all, times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code; its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the State of California, in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing and expressing in general terms, the purport and character of the notice intended to be given; that the "City of Rohnert Park, Ordinance No. 962" of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive time(s), commencing on the 15 day of April, 2022 and ending on the a 15 day of April, 2022. I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct. EXECUTED this 15 day of April, 2022 at Rohnert Park, California Sig Claudia Smith Chief Clerk ORDINANCE NO.962 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING SECTION 2.32.010 AND 2.32.040 REGARDING POWERS OF THE PARKS AND RECREATION COMMISSION REGARDING CULTURAL ARTS WHEREAS, the City of Rohnert Park has enacted Chapter 2.32 regarding the creation and functions of the City's Parks and Recreation Commission; and WHEREAS, section 2.32.040 prescribes the powers of the Parks and Recreation Commission and im- poses certain duties, including annual reporting to the City Council of specified activities; and WHEREAS, the City Council, upon recommendation of City staff, desires to amend Chapter 2.32 to re- move specified duties regarding reporting, but retain the power to assign specific duties and functions as needed. NOW THEREFORE, the City Council of the City of Rohnert Park does ordain as follows: Section 1. Recitals. The above recitals are adopted as findings of the City Council in enacting this or- dinance. Section 2. Amendment of Section 2.32.010 — Section 2.32.010 of the Rohnert Park Municipal Code is hereby amended to read in its entirety as follows: 2.32.10 - Definitions. The following words shall have the following meanings: A. "City" means the city of Rohnert Park of Sonoma County. B. "Community recreation" and "public recreation" means recreation be engaged in under direct con - trot of the city. C. "Council" means the city council of the city. D. "County" means the county of Sonoma. E. "Cultural arts development" means efforts to enhance the artistic beauty and culture of the city, with an emphasis on local artists, and may include commissioning, installation, and periodic review of works of public or performance art. F. "Recreation" means any activity voluntarily engaged in which contributes to the physical, mental or moral development of the individual or group participating therein, and includes, but is not limited to, any activity in the fields of music, drama, art, handicraft, science, literature, nature studies, aquatic sports and athletics, or any of them, and any informal play incorporating any such activity. G. "Recreation center" means a place, structure, area or other facility under the j u ri sd i cti on of the city council used for community recreation, which may also be used for other purposes, including but not limited to, playgrounds, playing fields or courts, swimming pools, gymnasiums, auditoriums, rooms for arts and traits, meeting places. parks and parkways, and recreational reservoirs. Section 3. Amendment of Section 2.32.040 — Section 2.32.040 of the Rohnert Park Municipal Code is hereby amended to read in its entirety as follows: 2.32.40 - Powers. The parks and recreation commission shall make recommendations to the city council, the city man- er and the recreation director regarding policies, rules and regulations relating to the conduct of recre- on centers, recreation, and public and community recreation within the city, and may make :ommendations concerning rates or fees to be charged for use of recreation facilities of the city. The mmission may make recommendations to the city council and the city manager regarding Personnel eded to assist the recreation director and recreation commission. The commission shall have such ier powers and duties as assigned to it by the city council. The commission shall also make recom- indations to the city council, the city manager and the recreation director regarding cultural arts de- lopment in the community. Section 4. Environmental Review. The City Council finds the approval of this ordinance is exempt, under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment. Section 5- Severabiiity. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. It any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invafid or unconstitutional. such invalidity, or unconsti- tutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sen- tences, clauses, or phrases. Section 6. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption.l Section 7. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. This ordinance was introduced on March 22, 2022 and adopted by the Council of the City of Rohnert Park on April 12, 2022, by the following roll call vote: AYES: Four (4) Councilmembers Giudice, Hollingsworth -Adams, Stafford, Mayor Elward NOES: Zero (0) ABSENT. One (1) Vice Mayor Linares ABSTAIN: Zero (0) CITY OF ROHNERT PARK Jackie Elward, Mayor ATTEST: Elizabeth Machado, Deputy City Clerk APPROVED AS TO FORM: Michelle Marchetta Kenyon, City Attorney M Publish Date: April 15.2022 The Community Voice ORDINANCE NO. 962 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING SECTION 2.32.010 AND 2.32.040 REGARDING POWERS OF THE PARKS AND RECREATION COMMISSION REGARDING CULTURAL ARTS WHEREAS, the City of Rohnert Park has enacted Chapter 2.32 regarding the creation and functions of the City's Parks and Recreation Commission; and WHEREAS, section 2.32.040 prescribes the powers of the Parks and Recreation Commission and imposes certain duties, including annual reporting to the City Council of specified activities; and WHEREAS, the City Council, upon recommendation of City staff, desires to amend Chapter 2.32 to remove specified duties regarding reporting, but retain the power to assign specific duties and functions as needed. NOW THEREFORE,the City Council of the City of Rohnert Park does ordain as follows: Section 1. Recitals. The above recitals are adopted as findings of the City Council in enacting this ordinance. Section 2. Amendment of Section 2.32.010— Section 2.32.010 of the Rohnert Park Municipal Code is hereby amended to read in its entirety as follows: 2.32.10 - Definitions. The following words shall have the following meanings: A. "City" means the city of Rohnert Park of Sonoma County. B. "Community recreation" and "public recreation" means recreation be engaged in under direct control of the city. C. "Council" means the city council of the city. D. "County" means the county of Sonoma. E. "Cultural arts development" means efforts to enhance the artistic beauty and culture of the city, with an emphasis on local artists, and may include commissioning, installation, and periodic review of works of public or performance art. F. "Recreation" means any activity voluntarily engaged in which contributes to the physical, mental or moral development of the individual or group participating therein, and includes, but is not limited to, any activity in the fields of music, drama, art, handicraft, science, literature, nature studies, aquatic sports and athletics, or any of them, and any informal play incorporating any such activity. G. "Recreation center" means a place, structure, area or other facility under the jurisdiction of the city council used for community recreation, which may also be used for other purposes, including but not limited to, playgrounds, playing fields or courts, swimming pools, gymnasiums, auditoriums, rooms for arts and crafts, meeting places, parks and parkways, and recreational reservoirs. Section 3. Amendment of Section 2.32.040— Section 2.32.040 of the Rohnert Park Municipal Code is hereby amended to read in its entirety as follows: 2.32.40 - Powers. The parks and recreation commission shall make recommendations to the city council, the city manager and the recreation director regarding policies, rules and regulations relating to the conduct of recreation centers, recreation, and public and community recreation within the city, and may make recommendations concerning rates or fees to be charged for use of recreation facilities of the city. The commission may make recommendations to the city council and the city manager regarding personnel needed to assist the recreation director and recreation commission. The commission shall have such other powers and duties as assigned to it by the city council. The commission shall also make recommendations to the city council, the city manager and the recreation director regarding cultural arts development in the community. Section 4. Environmental Review. The City Council finds the approval of this ordinance is exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment. Section 5. Severability. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. Section 6. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption. Section 7. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. This ordinance was introduced on March 22, 2022 and adopted by the Council of the City of Rohnert Park on April 12, 2022, by the following roll call vote: AYES:Ciao nc+lrr.e rnbers Lxi c_ey IrliD1i i ncis v i r1-h-Aa .n„ , tt-affiDvd, Dv Et,V r� NOES: Nbn..a ABSENT: Vice_ Ma.for Unare-S ABSTAIN: Nfor-ve CITY OF ROHNERT PARK ie Elw , a or ATTEST: Elizabeth Machado, Deputy City Clerk ;\C\' • :\ ROV S T O chelle Marchetta Kenyon, City Attorney Ordinance No. 962 2