ORDINANCE NO. 1024-2024
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BARSTOW AMENDING CHAPTER 2.24 OF THE BARSTOW MUNICIPAL CODE
REGARDING THE PLANNING COMMISSION
The City Council of the City of Barstow ordains as follows:
SECTION 1. Municipal Code Amendment. Chapter 2.24 of the Municipal Code, entitled, "Planning Commission" is hereby revised to provide as follows with additions denoted in underline and deletions noted in strikethrough:
Sec. 2.24.010. Established.
A city planning commission of five members is established by appointment by the majority of the city council. No member of such planning commission shall hold any other office with the city.
Sec. 2.24.020. Term.
Planning commissioners shall be appointed and/or reappointed for one or more four-year terms. Commissioners may serve until their successors are appointed and qualified. In accordance with the process in Section 2.24.035.A.2, Commissioners may apply to be reappointed at the expiration of their term to ensure an equal opportunity for all community members to participate in the process to fill a vacancy.
Sec. 2.24.030. Vacancy.
If a permanent mid-term vacancy on the planning commission occurs by resignation, disqualification, removal by the city council, incapacitation, or death, such vacancy shall be filled by appointment pursuant to the provisions of sections 2.24.010 and 2.24.035 for the unexpired portion of the term.
Sec. 2.24.035. Appointment and reappointment procedures.
Members of the planning commission shall only be appointed after notification to the city council of any vacancy or the expiration of the term of any member. At the time of notification, the city council may elect to cause public notice of such vacancy or may elect to appoint a member.
A. Except where otherwise provided herein, the city council shall be notified of any vacancy in the planning commission. At the time of notification, the city council shall direct the clerk to publicly advertise the vacancy, establish timeframes for the submission of applications. and appoint two members of the city council to serve on an ad hoc selection committee formed for the temporary and limited purpose of selecting a commissioner to fill the vacancy. The City Manager. or designee. shall 365549.1
determine which City staff shall support the ad hoc selection committee. Any applicant recommended by the selection committee for appointment or reappointment shall be referred to the city council for confirmation and appointment by a majority of the City Council.
8. However, ffi !n the event of an unscheduled vacancy, the council will comply with the process in Government Code § 5497 4 or applicable statute. If public notice is given, appointment or reappointment shall be made after the city council has given due consideration to all qualified applicants for appointment. Any applicant who fills an unscheduled vacancy requires confirmation and appointment by a majority of the City Council.
Sec. 2.24.040. Removal.
Any member or alternate member of the planning commission may be removed by a majority of the city council at the will and pleasure of such council.
Sec. 2.24.050. Meetings; notice.
The city planning commission hereby established shall hold not less than one meeting each calendar month unless cancelled by the City Manager or designee due to a lack of quorum. lack of commission business. or due to an emergency. The time, place, and date of regular meetings of the commission shall be set by resolution of the commission. Notice of a cancellation of a Commission meeting shall be made in accordance with the Commission regulations adopted by a resolution of the City Council. Special meetings may be called in as allowed by applicable law. the follmving manner:
(1) By action of the majority of the commission present at any regular meeting or special meeting thereof.
(2) By call of the chairperson to be delivered in writing through the United States mail, such notice to be postmarked not less than three days prior to the date of such called meeting.
(3) By the call of the chairperson, without such three day notice, provided a written waiver of notice signed by each member with the secretary before any action taken at the special meeting thus called shall become effective. ( 4) The secretary shall call a special meeting upon the written request of two or more members of the commission, the notice of such special meeting to be delivered by posting in the United States mail not less than three days preceding the date of such special meeting.
Sec. 2.24.060. Powers and duties.
The powers and duties of the city planning commission shall be those which are now, or which may hereafter be, prescribed by law together with such additional duties as may from time to time be assigned to it by the city council.
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Sec. 2.24.070. Procedures.
The procedures to be followed by the city planning commission in discharging its functic;ms shall be those which are now, or which may hereafter be, prescribed by law, Gf ordinance, or resolution adopted by the City Council. provided that in matters wherein procedures are not so prescribed, the city planning commission may by resolution adopt its own procedures.
Sec. 2.24.080. Council resolutions.
The city council from time to time by resolution may establish minimum qualifications for eligibility for appointment to the planning commission, provide for attendance at planning commission meetings legally set or called, and other provisions deemed by the council to be in the public interest. Any such resolutions in existence on the effective date of the ordinance codified in this section are hereby validated.
Sec. 2.24.090. Automatic adjournment.
In the event a quorum of the commission fails to appear at any regular, regular adjourned or legally called special meeting, the City Clerk, or designee. or secretary of the commission shall adjourn the meeting at the same hour and place on the next regularly scheduled planning commission meeting, or to a specific date and time.
SECTION 3. Severability. If any provision, section, paragraph, sentence or word of this Ordinance, or the application thereof to any person or circumstance, is rendered or declared invalid by any court of competent jurisdiction, the remaining provisions, Sections, paragraphs, sentences or words of this Ordinance, and their application to other persons or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this Ordinance are severable.
SECTION 4. Effective Date. This ordinance shall take effect thirty days after adoption as provided by Government Code 36937. The City Clerk shall cause this Ordinance to be published in accordance with California Government Code Section 36933.
SECTION 5. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the City Council.
SECTION 6. CEQA. The City Council finds the adoption of this ordinance is exempt from review under the California Environmental Quality Act because it relates to an administrative matter. (CEQA Guidelines, 14 Cal. Code of Regulations, Section 5061(b)(3) and 15378(b)(5).
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PASSED, APPROVED AND ADOPTED this 5th day of August, 2024 , Dr. 8.A., Mayor
ATTEST:
APPROVED AS TO FORM:
Matthew Summers, City Attorney
I, Andrea Flores, City Clerk for the City of Barstow, California, and ex-officio Clerk of the City Council, do hereby certify under penalty of perjury that the foregoing is a true and correct copy of Ordinance No. 1024-2024, which was introduced at a regular meeting of the City Council of the City of Barstow held on the 15th day of July 2024, and adopted at the regular meeting of the City Council of the City of Barstow on the 5th day of August 2024, by the following vote:
AYES: COUNCIL MEMBERS HERNANDEZ, ROSE, MAYOR PRO TEM
NOBLE, AND MAYOR COURTNEY.
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBERS KRUSE.
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