ORDINANCE O20XX-XX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, AMENDING CHAPTER 2.24 – PLANNING COMMISSION WHEREAS, Manteca Municipal Code Chapter 2.24 controls the appointment process and parameters for the City of Manteca Planning Commission; and WHEREAS, the City of Manteca is switching to district elections beginning in the 2022 election cycle; and WHEREAS, in order to fill the noted vacancies and be consistent with the proposed changes to the Planning Commission appointment process, the City of Manteca, by and through the City Council, seeks to fill the open seats and assign a new appointment process consistent with the proposed amendments to Chapter 2.24; and WHEREAS, each councilmember shall nominate a City resident from their district for council approval to serve as a commissioner for a four (4) year term concurrent with the councilmember; and WHEREAS, the Mayor shall nominate a City resident from an at-large pool of candidates for council approval to serve as a commissioner for a four (4) year term concurrent with the Mayor; and WHEREAS, if the City Council does not approve a councilmember’s nomination from their district or should the district not yield any applications, the councilmember may then select from an at-large pool of candidates; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meeting of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
THE CITY COUNCIL OF THE CITY OF MANTECA DOES ORDAIN AS FOLLOWS:
SECTION 1: Amendment. Manteca Municipal Code Chapter 2.24 is hereby amended to read as follows:
2.24.010 Created—Number of members.
There is created a planning commission of the city. The planning commission shall consist of five members and one alternate member. The alternate member shall attend all meetings of the commission and is only authorized to serve and vote in place of any regular member of the commission who is absent. If the full commission is present, the alternate shall not deliberate or participate on items presented to the commission. The planning commission shall also consist of two ex officio members: the city attorney or his/her designee and the Director of Development Services or his/her designee. In addition, at the request of a planning commission member or the Director of Development Services (made at least one day before a meeting), the City Engineer or his/her designee shall also attend the regular or special meeting of the planning commission. (Ord. 1437 § 1, 2009; prior code § 2-26)
2.24.020 Members—Appointment.
All planning commission members and the alternate must be residents of the City of Manteca. Residence shall be determined by the same rules as a determination of residence for city councilmembers. Interested residents shall submit their application to be a planning commission member to the City Clerk’s Office. The City Council shall set by resolution a non-exhaustive list of preferred qualifications for planning commission members.
Based on the conclusion of a term, a removal, and/or vacancy, each Councilmember shall nominate a planning commission member from their assigned council district; provided, however, the Mayor shall appoint a planning commission member and the alternate from an at-large pool of residents. Councilmembers shall have top choice of candidates from their respective districts, while the Mayor shall have top choice of the at-large group of candidates.
All planning commission member and alternate appointments shall run concurrent with the terms of the Mayor and councilmembers, respectively. Following the nominations by the Mayor and the Councilmembers, respectively, such nominations shall be approved by a majority of the City Council. The City Council (through the City Clerk’s Office) may begin the process to accept applications for planning commission members/alternate within sixty (60) days before the expiration of a term. Following a removal or a vacancy, the City Council may instruct the City Clerk’s Office to begin the recruitment the day after the position becomes open.
Notwithstanding the above, should the City Council not approve by majority vote a Councilmember’s nomination from their district or should a district not yield any applications during the application period, the Councilmember may then select from the at-large pool of candidates to nominate a planning commissioner.
There shall be no residence requirement for the ex officio members of the planning commission. (Prior code § 2-27)
2.24.030 Members—Terms—Vacancies.
The members and alternate of the planning commission shall be appointed for terms of four years. If a vacancy shall occur other than by expiration of a term, it shall be filled by appointment for the unexpired portion of the term. A vacancy shall be deemed to have occurred when a member is no longer a resident of the city or a commissioner resigns from the Planning Commission.
The members of the planning commission shall be appointed for terms of four years except as provided below. If a vacancy shall occur other than by expiration of term, it shall be filled by appointment for the unexpired portion of the term. A vacancy shall be deemed to have occurred when a member is no longer a resident of the city. Residence shall be determined by the same rules as a determination of residence for city councilmembers.
If any planning commission member or alternate is absent without permission from the Mayor from all regularly scheduled planning commission meetings for sixty days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy. (Prior code § 2-28)
2.24.040 Members—Compensation.
Any member or alternate of the planning commission may be removed by a majority vote of the City Council. Any councilmember may make a request at regularly scheduled city council meeting to set a vote at the next regularly scheduled council meeting for discussion to consider removal of any planning commission member or alternate. Prior to such a vote taking place, a commissioner and/or alternate shall be afforded five (5) minutes to address the City Council, after public comment, but before final city council discussion on the item. (Prior code § 2-29)
2.24.060 Powers and duties.
The rights, powers and duties of the planning commission shall be as provided in Chapter 3, Title 7, relating to local planning, of the Government Code of the state. (Prior code § 2-30). Planning commission members and alternates shall be subject to select City policies, including, but not limited to the City’s personnel policies, civility policy, ethics policy, and the censure policy.
SECTION 2: Severability. If any section, sub-section, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, sub-section, subdivision, paragraph, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more sections, sub-sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION 3: Effective Date. This Ordinance shall become effective thirty (30) days following adoption.
City of Manteca, a municipal corporation
MAYOR: __________________________
BENJAMIN J. CANTU
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF SAN JOAQUIN SS:
CITY OF MANTECA
I, Cassandra Candini-Tilton, City Clerk of the City of Manteca, do hereby certify that the foregoing Ordinance had its first reading and was introduced during the public meeting of the City Council on the 21st day of June, 2022, and had its second reading and was adopted and passed during the public meeting of the City Council on the 19th day of July, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
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