Chapter 2.28
PLANNING COMMISSION
Sections:
2.28.020 Membership – Appointment – Term of office – Removal – Replacement.
2.28.030 Membership – Eligibility restrictions – Oath.
2.28.031 Members limited to service upon one board or commission at a time.
2.28.032 Councilmembers and city employees ineligible for membership.
2.28.040 Compensation of members.
2.28.090 Rules and regulations – Record.
Prior legislation: Prior code §§ 9200 – 9206; Ords. 316, 356, 626, 656, 703 and 757.
2.28.010 Purpose.
The Bell Gardens planning commission is hereby established with membership, and shall have the power and required duty as provided in this chapter and by statutes of the state to:
A. Recommend to the proper office plans for the regulation of future growth, development, and beautification of the city in respect to its public and private buildings and works, streets, parks, grounds, and vacant lots;
B. Recommend to the proper offices of the municipality plans consistent with the future growth and development of the city, to secure sanitation and the proper service of all public utilities and shipping and transportation facilities;
C. Make recommendations to any public authority or person concerning the location of any proposed building, structure, or work;
D. Recommend to the council the approval, conditional approval, or disapproval of tentative maps of proposed subdivisions of land. The council by this section designates the planning commission as its advisory agency with respect to the design and improvement of proposed subdivisions. Every map or plot of a proposed subdivision shall, prior to its final approval or disapproval by the council, be submitted to the commission for action thereon;
E. Hear and decide cases involving violations of the Bell Gardens zoning code;
F. Do such other things as shall be necessary to carry out the provisions of this chapter and the provisions of the planning act of the state, its amendments, or any act substituted therefor. (Ord. 825 § 3, 2009; Ord. 818 § 3, 2009).
2.28.020 Membership – Appointment – Term of office – Removal – Replacement.
The commission shall consist of five members, one each to be appointed by each member of the city council at a duly noticed meeting of the city council. Each such member shall serve a term of office that coincides with the term of the councilmember responsible for the appointment. Any member appointed to a commission may be removed at any regularly scheduled city council meeting by the councilmember responsible for making the initial appointment, subject to a majority vote of the members of the city council. The replacement commissioner shall be appointed by the councilmember responsible for making the initial appointment, at a duly noticed meeting of the city council. All members shall be eligible for reappointment, subject to their retaining all qualifications required by this chapter. (Ord. 825 § 3, 2009; Ord. 818 § 3, 2009).
2.28.030 Membership – Eligibility restrictions – Oath.
Members of a commission shall be residents of the city. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any city board or commission. Before assuming the duties of a board member or commissioner, each person appointed shall take and file with the city clerk the same constitutional oath of office required of members of the city council. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall be automatically vacated, in the event the member ceases to be a resident of the city or is convicted of a felony. (Ord. 825 § 3, 2009; Ord. 818 § 3, 2009).
2.28.031 Members limited to service upon one board or commission at a time.
Members of a commission shall be limited to serving upon one board or commission at a time. A member must be formally removed from a commission by the city council in order to become eligible to be appointed to another board or commission. (Ord. 825 § 3, 2009; Ord. 818 § 3, 2009).
2.28.032 Councilmembers and city employees ineligible for membership.
No member of the legislative body of the city nor any person employed by the city, on a full-time, part-time, or temporary basis or as an independent contractor, shall be eligible for or hold membership on any city board or commission. (Ord. 825 § 3, 2009; Ord. 818 § 3, 2009).
2.28.040 Compensation of members.
Commission members may be compensated in such amounts as the city council may determine by resolution and, in addition thereto, may be reimbursed for actual expenses incurred in connection with the official business of the commission to the extent authorized by the city council. (Ord. 825 § 3, 2009; Ord. 818 § 3, 2009).
2.28.050 Organization.
A commission shall elect its chairperson and vice chairperson from among its members for a term of one year and, subject to other provisions of law, may create and fill such other offices within its membership as it may determine are necessary and convenient. A commission may appoint a secretary who may but need not be a member of the commission. Such officers shall hold their respective positions and status at the pleasure of a majority of the commission. (Ord. 825 § 3, 2009; Ord. 818 § 3, 2009).
2.28.060 Absences.
If a member of a commission is absent from three consecutive regular commission meetings without cause and without having been excused by the commission, or is absent from five or more regular meetings within one calendar year, the office of such member shall be deemed to be vacant and the term of such member shall expire. An excused absence will only be made if the majority of the members vote to excuse such absence, and the vote is recorded in the minutes of the meeting. (Ord. 825 § 3, 2009; Ord. 818 § 3, 2009).
2.28.070 Vacancies.
Vacancies occurring on a commission by expiration of term, resignation or otherwise shall be filled by appointment of the city council, subject to the provisions and consistent with the process outlined in BGMC 2.28.020. Such appointee is to serve for the full term, or for the remainder of the unexpired term of the commissioner whom such appointee is appointed to succeed, as the case may be. (Ord. 825 § 3, 2009; Ord. 818 § 3, 2009).
2.28.080 Quorum.
Three members of a commission shall constitute a quorum for the transaction of commission business. Any decision or action taken by a commission shall require a motioned vote of a majority of a quorum. (Ord. 825 § 3, 2009; Ord. 818 § 3, 2009).
2.28.090 Rules and regulations – Record.
A commission shall have and is granted authority to, with city council approval, adopt lawful rules and regulations for its own organization and government under the provisions of this chapter in order to efficiently conduct its business. It shall keep a record of its transactions, findings and determinations, and such record shall be open for public inspection. (Ord. 825 § 3, 2009; Ord. 818 § 3, 2009).