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Ordinance No. 749ORDINANCE NO. 749 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING ARTICLE V TO THE CODE OF THE CITY OF CYPRESS ESTABLISHING A CULTURAL ARTS COMMISSION AND AMENDING SECTIONS 2.43 AND 2.49 OF THE CODE OF THE CITY OF CYPRESS The City Council of the City of Cypress does ordain as follows: Section 1. Article V, "CULTURAL ARTS COMMISSION ", hereby is added to the Code of the City of Cypress to read as follows: ARTICLE V. CULTURAL ARTS COMMISSION Section 2.28. Creation. In order to promote the pursuit of cultural arts, there hereby is created a cultural arts commission. Section 2.29. Composition. The cultural arts commission shall consist seven (7) members. No officers or employees of the city or persons under an employment contract subject to the jurisdiction of the city council shall be members of such commission. Section 2.30. Oath of Office. All members of the cultural arts commission shall be required to take an oath of office as approved by the city council prior to commencing their term of office. Section 2.31. Appoint of Members. The mayor shall appoint the members of the cultural arts commission, with a majority of confirmation by the city council. The recreation and parks director shall be a permanent ex officio member of the commission and will serve as secretary to the commission. A member of the recreation and community services commission shall be an ex officio member of the cultural arts commission. Section 2.32. Term of Office. The term of office for the members of the cultural arts commission first appointed shall be: one (1) year for all members. At the expiration of such one (1) year period, the city council shall appoint members to terms as follows: one (1) member for one (1) year; two (2) members for two (2) years; two (2) members for three (3) years; and two (2) members for four (4) years. All succeeding terms shall be for a period of four (4) years. Members shall serve until their successors are qualified and take office. No member shall serve more than two (2) successive full and /or partial terms on the cultural arts commission; provided that the one (1) year period served by all seven members of the cultural arts commission commencing with the approval of this ordinance shall not be counted as a full or partial term for the purposes of such two (2) term limitation. Section 2.33. Removal. If a member of the cultural arts commission shall be absent from three (3) consecutive regular meetings of the commission without cause, the office of such member shall be vacant and the term of such member ipso facto terminated, and the city clerk shall immediately inform the city council of such termination. An absence due to illness or unavoidable absence from the city and written notice with explanation thereof to the city clerk on or before the day of the regular meeting by the commission shall be absence for cause. Section 2.34. Meetings. The cultural arts commission shall meet regularly at least once a month in the city chambers in the city of Cypress, except as authorized by the city council or as otherwise provided by law. Special meetings may be called by the Chairman or the majority of the members of the commission. All meetings shall be opened to the public except as otherwise authorized by the laws of the State of California. Regular minutes of such meetings shall be maintained by the commission and available for public inspection at all times. Section 2.35. Organization. The cultural arts commission shall elect one of its members as Chairman and one of its members as Vice - Chairman, who shall hold office for one year and until his successor is elected. The commission shall establish such rules and regulations as it deems necessary for governing itself and for the performance of its duties. Such rules and regulations shall not be inconsistent with the laws of the state or the ordinances of the city. Section 2.36. Compensation. Members of the cultural arts commission shall receive such compensation as provided by resolution of the city council. Section 2.37. Duties. The cultural arts commission shall advise the city council concerning cultural arts services, develop short and long range planning for cultural arts facilities and programs, encourage the provision of support by private individuals and organizations of cultural arts facilities and programs, and advocate and enlist community interest and participation in cultural arts programs. -2- Section 2.38. Commission Qualifications. All members of the cultural arts commission shall be qualified registered voters. Section 2.39. Public Hearings. Whenever the cultural arts commission determines, by a two - thirds (2/3) majority of those members present, that its deliberations with respect to a particular matter or matters would be substantially aided by the presentation of testimony from the citizens of the city, or of a certain area of the city, the commission may direct that a public hearing be held concerning such matter or matters. Notice of such a hearing shall be provided by publication in a newspaper of general circulation published in the city of Cypress and /or by posting the same in at least three (3) public places, not later than seven (7) days prior to the date of the hearing. Such hearings shall be conducted in accordance with the rules established for the conduct of hearings before the city council unless the Council, by resolution, shall otherwise provide. Section 2. Section 2.43 of the Cypress City Code is hereby amended to read as follows: The Mayor shall appoint the members of the recreation and community services commission, with a majority vote of confirmation by the city council. The recreation and parks director shall be a permanent ex officio member of the recreation and community services commission and will serve as secretary to the commission. A member of the cultural arts commission shall be an ex officio member of the recreation and community services commission. An elected representative from the Cypress Teen Center shall, without appointment by the Mayor, be an ex officio member of the recreation and community services commission. No ex officio member of the recreation and community services commission shall be entitled to vote. Section 3. Section 2.49 of the Cypress City Code is hereby amended to read as follows: The recreation and community services commission shall advise the city council on all matters subject to the jurisdiction of the Council pertaining to the acquisition, development and maintenance of public parks and recreational facilities. The commission shall also review and advise the Council regarding the financing of and budgeting for such functions, including but not limited to, the financing and budgeting of any subsidiary district of the city. The commission shall also advise the recreation and parks director from time to time. -3- Section 4. This ordinance is adopted as a urgency measure to avert damage to the public health, safety and welfare which could result from the absence of the involvement of a cultural arts commission in cultural affairs of the community and lack of coordination with efforts of the recreation and community services commission. Section 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this . ordinance, or the application thereof to any person or place, 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 or its application to other persons or places. 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 only one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions or the application thereof to any person or place, be declared invalid or unconstitutional. Section 6. The City Clerk is hereby authorized and directed to certify as to the passage of this ordinance and to give notice by causing copies of this ordinance to be posted in three (3) public places throughout the City. INTRODUCED AND ADOPTED at a regular meeting of the City Council of the City of Cypress held on the 23rd day of September 1985. In the event that it is hereafter judicially determined that this ordinance may not be enacted as an urgency measure, this ordinance shall be determined to have received its first reading at a regular meeting of the City Council of said City held on the 23rd day of September 1985, and finally adopted and ordered posted at a regular meeting of said Council held on the 15th day of October 1985. MAYOR Old' (THE CITY OF CYPRESS ATTEST: CITY CLERK 6F E C'I'TY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the 15th day of October 1985; by the following roll call tote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: Coronado, Lacayo, Partin and Kanel COUNCIL MEMBERS: None COUNCIL MEMBERS: Mullen STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE ) I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of said City Council held on the 23rd day of September 1985 by the following roll call vote. AYES: 5 COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin, and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: No CITY CLERK O HE Cl/40F CYPRESS