Chapter 2-3 COMMISSIONS AND BOARDS

The City Council of the City of Emeryville hereby declares there is a need for a community development commission to function in the City of Emeryville and hereby establishes a community development commission, which shall be known as the Community Development Commission of Emeryville.

(Sec. 1, Ord. 11-007, eff. July 7, 2011; Sec. 1, Ord. 11-008, eff. July 21, 2011)

2-3.102 Declared.

The City Council of the City of Emeryville hereby declares itself to be the Commission.

(Sec. 2, Ord. 11-007, eff. July 7, 2011; Sec. 2, Ord. 11-008, eff. July 21, 2011)

2-3.103 Powers and Duties.

The nature, powers, authority, functions, duties, responsibilities, jurisdiction and immunities of the Commission shall include:

(a) All of the nature, powers, authority, functions, duties, responsibilities, jurisdiction and immunities provided to a community development commission by Part 1.7 of the California Health and Safety Code, without limitation;

(b) All of the nature, powers, authority, functions, duties, responsibilities, jurisdiction and immunities of the Emeryville Redevelopment Agency; and

(1) Creating and retaining employment opportunities;

(2) Stimulating economic activity by facilitating private development through land acquisition, toxic cleanup and financial incentives;

(3) Increasing the tax base within the community;

(4) Encouraging and meeting the housing needs and objectives of the community through new housing construction and the rehabilitation of the existing housing stock;

(5) Financing, developing and upgrading public buildings, facilities and infrastructure;

(6) Providing management, administrative, and personnel services.

(Sec. 3, Ord. 11-007, eff. July 7, 2011; Sec. 3, Ord. 11-008, eff. July 21, 2011)

2-3.104 Housing Authority.

Nothing in this article shall be construed to authorize a housing authority to transact business or exercise its powers unless, by resolution, the City Council subsequently declares that there is a need for a housing authority to function in the City.

(Sec. 4, Ord. 11-007, eff. July 7, 2011; Sec. 4, Ord. 11-008, eff. July 21, 2011)

2-3.105 Redevelopment Agency.

The Commission shall be vested with all of the powers, duties and responsibilities of the Board of the Emeryville Redevelopment Agency and the members of the Board of the Redevelopment Agency shall have no powers, duties, or responsibilities for such time and only for such time as the Community Development Commission of Emeryville is operative. Nothing in this article changes the existence of the Emeryville Redevelopment Agency as a separate public body, corporate and politic, and the rights, interests and obligations of the Emeryville Redevelopment Agency shall continue to be the rights, interests and obligations of the Emeryville Redevelopment Agency.

(Sec. 5, Ord. 11-007, eff. July 7, 2011; Sec. 5, Ord. 11-008, eff. July 21, 2011)

Article 2. Community Development Advisory Commission

2-3.201 Merger of the Redevelopment Commission and the Citizens’ Advisory Committee.

The Council does hereby find and declare that there is a need to merge the Redevelopment Commission of the City (created by Ordinance No. 75-017) and the Citizens’ Advisory Committee for Housing and Community Development (created by Resolution No. 75-128).

(Sec. 1, Ord. 77-05)

2-3.202 Established.

The Council hereby establishes a Community Development Advisory Commission to advise the Council in matters related to redevelopment and housing, community, and manpower development, as authorized by the California Community Redevelopment Law (Section 33000 et seq. of the Health and Safety Code of the State), the Housing and Community Development Act of 1974, and the Comprehensive Employment and Training Act of 1973.

(Sec. 2, Ord. 77-05)

2-3.203 Members: Appointment.

The Community Development Advisory Commission shall consist of nine (9) members appointed by the Council. Five (5) members shall be residents of the City, and four (4) members shall be nominated by the business community.

(Sec. 3, Ord. 77-05)

2-3.204 Members: Recommendations.

To the extent possible, the Council will appoint members to the Community Development Advisory Commission who were members of either the Housing and Community Development Commission or the Redevelopment Commission on December 1, 1976, and shall consider the joint recommendations of said Commissions for appointments to the Community Development Advisory Commission.

(Sec. 5, Ord. 77-05)

2-3.205 Members: Qualifications.

Persons nominated by the business community of the City for membership on the Community Development Advisory Commission shall own or manage a business in the City. Any person or business already represented on another commission of the City shall not qualify for membership on the Community Development Advisory Commission.

(Sec. 6, Ord. 77-05)

2-3.206 Members: Terms of Office.

The terms of office of the members of the Community Development Advisory Commission shall be two (2) years, commencing March 1, 1977, except that four (4) of the initial appointees shall serve an initial term of one (1) year. The Commission shall determine at its first meeting following March 1, 1977, which of its four (4) members shall serve initial terms of one (1) year and shall forward to the Council a report setting forth such determination. Upon the receipt of such written report, the Council shall confirm the terms of the Commission members.

(Sec. 4, Ord. 77-05)

Article 3. Planning Commission

2-3.301 Established.

The Council hereby establishes the Planning Commission.

(Sec. 29.41, E.T.C., as added by Sec. 1, Ord. 475)

2-3.302 Members: Appointment.

The Planning Commission shall consist of seven (7) members appointed by the Council. The Council, whenever possible, shall attempt to appoint Planning Commissioners in such a manner that the various geographic districts of the City are represented by a Commissioner.

(Sec. 29.41, E.T.C., as added by Sec. 1, Ord. 475, as amended by Ord. 76-07)

2-3.303. Repealed by Ord. 88-14.

2-3.304 Members: Qualifications.

At least four (4) members of the Planning Commission shall be residents of the City, and such members must have resided in the City for at least one (1) year immediately prior to their appointment. Vacancies on the Commission which are not filled by residents as hereinabove provided may be filled by owners, officers, or employees of a business located in the City, provided that such member must have been an owner, officer, or employee of such business for at least one (1) year immediately prior to their appointment.

(Secs. 29.41 and 29.44, E.T.C., as added by Sec. 1, Ord. 475, as amended by Sec. 2, Ord. 85-01, eff. Mar. 5, 1985)

2-3.305 Members: Terms of Office.

The terms of the Planning Commission members shall be for three (3) years, commencing July 1 of the year of appointment. As of the effective date of this section, the terms shall be staggered as follows: the terms of two (2) members shall commence July 1, 1991; the terms of three (3) members shall commence July 1, 1992; and the terms of two (2) members shall commence July 1, 1993. Pursuant to California Government Code Section 1302, every member shall hold office until a successor is appointed.

(Sec. 29.41, E.T.C., as added by Sec. 1, Ord. 475; Sec. 2, Ord. 88-13, eff. Oct. 20, 1988)

2-3.306 Members: Removal.

Any member of the Planning Commission may be removed at any time by the Mayor, subject to the approval of the Council, or by a majority vote of the Council by resolution, but before such removal such member, if he so demands, shall be given a written statement of the reasons for his removal and the right to be heard thereon publicly at a meeting of the Council prior to the final vote on the resolution providing for his removal.

(Sec. 29.42, E.T.C., as added by Sec. 1, Ord. 475)

2-3.307 Members: Compensation: Expenses.

Each member of the Planning Commission may receive compensation of two hundred dollars ($200.00) per month if he or she elects to do so. The members shall be allowed necessary actual traveling and other expenses when the interests of the City shall require; provided, however, the Council shall first specifically authorize the purpose and the expenditures therefor.

(Sec. 29.45, E.T.C., as added by Sec. 1, Ord. 475; Sec. 2, Ord. 03-003, eff. Feb. 20, 2003: Sec 2, Ord. 07-009, eff. July 5, 2007)

2-3.308 Members: Conflicts of Interest.

Any member of the Planning Commission who has an interest in the subject matter being considered by the Commission shall disclose such interest and shall be disqualified from voting thereon.

For the purposes of this section, “interest” shall mean:

(a) Ownership or leasehold interest in any property involved in the matter being considered by the Commission;

(b) Employment by the owner or holder of a leasehold interest in such property; or

All members of the Planning Commission shall comply with applicable provisions of the State law respecting conflicts of interest, including but not limited to the Political Reform Act of 1974, California Government Code, Sections 81000 through 91014.

(Sec. 29.46, E.T.C., as added by Sec. 1, Ord. 475, as amended by Sec. 3, Ord. 85-01, eff. March 5, 1985)

2-3.309 Vacancies.

A vacancy on the Planning Commission shall be deemed to exist whenever a person appointed thereto fails to qualify within ten (10) days after notice of their appointment, dies, resigns, is removed, or their appointment is automatically terminated.

In the event that a member will be absent from a regular or special meeting, the member shall notify the Chair, Vice Chair, or the City Manager or designee, at least twenty-four (24) hours in advance of the meeting start time.

The appointment of any member of the Commission who has been absent from thirty-three percent (33%) of the calendared regular meetings of the Commission in a calendar year shall automatically terminate. The Secretary of the Commission shall notify the City Clerk immediately following a meeting where the absence of any member has occurred. The City Clerk shall in turn communicate in writing to any member who has a recorded absence immediately after each such occurrence. The City Clerk shall additionally provide notice in writing to any member for whom termination would occur upon recordation of a subsequent absence. If that subsequent absence occurs, the City Clerk shall notify in writing the member whose appointment has automatically terminated, and report to the Council that a vacancy exists on the Commission and that an appointment should be made for the unexpired term.

The appointment of a resident member of the Commission shall automatically terminate upon the termination of his residence in the City. The appointment of other members of the Commission, except advisory members, shall automatically terminate upon the termination of their relationship as owner, officer, or employee of a business operated and located within the City or their transfer therefrom.

All vacancies occurring otherwise than through the expiration of the term shall be filled for the unexpired term in the manner provided for original appointments.

(Sec. 29.43, E.T.C., as added by Sec. 1, Ord. 475; Sec. 2, Ord. 17-007, eff. June 15, 2017)

2-3.310 Meetings: Time and Place.

The Planning Commission shall meet at such times as are not in conflict with the regular meetings of the Council but not less frequently than once each month. When there are no scheduled items to come before the Commission, no monthly meetings need be held. All meetings of the Commission and all committees thereof, whether regular or special, at which any official action is taken, shall be open to the public, and the Commission shall provide by its rules a method whereby citizens of the City shall have a reasonable opportunity to be heard at such meetings in regard to any matter considered thereat.

(Sec. 29.48, E.T.C., as added by Sec. 1, Ord. 475, as amended by Ord. 75-03; Ord. 83-01, eff. Mar. 1, 1983; Sec. 4, Ord. 85-01, eff. Mar. 5, 1985)

2-3.311 Meetings: Quorum.

Four (4) voting members of the Planning Commission shall constitute a quorum for the transaction of business.

(Sec. 29.48, E.T.C., as added by Sec. 1, Ord. 475, as amended by Ord. 75-03)

2-3.312 Officers and Staff.

The Planning Commission shall meet within ten (10) days after the appointment of its members and select a chairman, vice-chairman, and secretary who shall serve for one (1) year or until their successors are selected. The secretary need not be a member of the Commission but may be selected from the administrative staff of the Commission or be provided by the Council. The Commission may prescribe the duties of its employees, which duties shall not be in conflict with the laws of the City.

(Sec. 29.47, E.T.C., as added by Sec. 1, Ord. 475)

2-3.313 Rules and Regulations.

The Planning Commission may adopt rules and regulations for the administration of its affairs.

(Sec. 29.47, E.T.C., as added by Sec. 1, Ord. 475)

2-3.314 Powers and Duties.

The Planning Commission shall have the following powers and duties:

(a) To initiate and conduct studies of the problems of the City with respect to residential, commercial, and industrial districts, traffic and parking conditions, boulevards, street openings and widenings, public parks, playgrounds, and other recreational areas, flood control, subdivisions, and, in general, with respect to those matters affecting the orderly growth and development of the City, including the tidelands, and to make to the Council recommendations with respect to such matters;

(b) To consult with and advise the Council and other City officials with respect to any of the matters set forth in subsection (a) of this section;

(c) To cooperate with the officials of the County and of neighboring municipalities in such matters set forth in subsection (a) of this section as may be of common interest and concern;

(d) To undertake and perform such other duties which pertain to City planning as may be assigned by the Council;

(e) To undertake and perform such other duties as may be prescribed by the Government Code of the State relating to Planning Commissions; and

(f) To make the findings necessary and grant or deny variances, adjustments and use permits as set forth in Chapter 4 of Title 9 of this Code.

(Sec. 29.49, E.T.C., as added by Sec. 1, Ord. 475, as amended by Sec. 5, Ord. 85-01, eff. Mar. 5, 1985)

Article 4. Public Art Committee

2-3.401 Public Art Committee Established.

The Council hereby establishes a Public Art Committee of the City of Emeryville.

(Sec. 3 (part), Ord. 90-20, eff. Jan. 17, 1991)

2-3.402 Powers and Duties.

The Public Art Committee shall have the authority and duty, subject to City Council approval, to select public art works for placement in municipal development projects and shall advise the City Council on the use of the Public Art Fund, and other matters regarding implementation of the Art in Public Places Program pursuant to the adopted guidelines.

(Sec. 3 (part), Ord. 90-20, eff. Jan. 17, 1991)

2-3.403 Membership.

The Public Art Committee membership shall be determined by resolution of the City Council.

(Sec. 3 (part), Ord. 90-20, eff. Jan. 17, 1991; Sec. 2 (part), Ord. 98-008, eff. Sep. 18, 1998; Sec. 2, Ord. 05-013, eff. Nov. 30, 2005)

2-3.404 Terms of Membership.

The terms of the Public Art Committee shall be staggered and for a period of two (2) years, commencing July 1 of the year of appointment; except that the City Council shall appoint two (2) of the initial members to the expanded nine-member Committee to three-year terms.

(Sec. 3 (part), Ord. 90-20, eff. Jan. 17, 1991; Sec. 2 (part), Ord. 98-008, eff. Sep. 18, 1998)

2-3.405 Compensation.

The Committee members shall receive no compensation. Members may receive reimbursement for actual travel and other expenses incidental to carrying out the duties of the office, provided Council first specifically authorizes the purpose and the expenditure therefor.

(Sec. 3 (part), Ord. 90-20, eff. Jan. 17, 1991)

2-3.406 Meetings.

The Public Art Committee shall designate a time and place for its meetings which shall be duly noticed to the public pursuant to Government Code Section 54950 et seq. (the Brown Act).

(Sec. 3 (part), Ord. 90-20, eff. Jan. 17, 1991)

2-3.407 Rules and Regulations.

The Committee may establish such rules and regulations as are necessary for administration of its affairs.

(Sec. 3 (part), Ord. 90-20, eff. Jan. 17, 1991)

2-3.408 Removal.

The Committee members sit at the pleasure of the Council. By majority vote, the Council may remove a member at any time.

(Sec. 3 (part), Ord. 90-20, eff. Jan. 17, 1991)

2-3.409 Vacancies.

The secretary of the Committee shall report any vacancies to the City Clerk, who shall make a report to the Council of such vacancy. Upon receipt of such report, the Council shall appoint a member to fill that vacancy for the unexpired term.

(Sec. 3 (part), Ord. 90-20, eff. Jan. 17, 1991)

CHAPTER 3.COMMISSIONS AND BOARDS

2-3.101 Established.

2-3.102 Declared.

2-3.103 Powers and Duties.

2-3.104 Housing Authority.

2-3.105 Redevelopment Agency.

2-3.201 Merger of the Redevelopment Commission and the Citizens’ Advisory Committee.

2-3.202 Established.

2-3.203 Members: Appointment.

2-3.204 Members: Recommendations.

2-3.205 Members: Qualifications.

2-3.206 Members: Terms of Office.

2-3.301 Established.

2-3.302 Members: Appointment.

2-3.303. Repealed by Ord. 88-14.

2-3.304 Members: Qualifications.

2-3.305 Members: Terms of Office.

2-3.306 Members: Removal.

2-3.307 Members: Compensation: Expenses.

2-3.308 Members: Conflicts of Interest.

2-3.309 Vacancies.

2-3.310 Meetings: Time and Place.

2-3.311 Meetings: Quorum.

2-3.312 Officers and Staff.

2-3.313 Rules and Regulations.

2-3.314 Powers and Duties.

2-3.401 Public Art Committee Established.

2-3.402 Powers and Duties.

2-3.403 Membership.

2-3.404 Terms of Membership.

2-3.405 Compensation.

2-3.406 Meetings.

2-3.407 Rules and Regulations.

2-3.408 Removal.

2-3.409 Vacancies.

CHAPTER 3.
COMMISSIONS AND BOARDS