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2.32. 010 Created--Composition.

A planning commission is created, which shall consist of five members. The members shall be qualified electors of the city appointed by the city council. (Prior code § 2-73)

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2.32. 020 Terms of members--Vacancies.

The members of the planning commission shall be appointed for a term of four years.

If a vacancy shall occur otherwise than by expiration of term, it shall be filled by appointments by the city council for the unexpired portion of the term. Appointments shall be made pursuant to Government Code Section 54970 et seq. Members serve at the pleasure of the city council and may be removed, without cause, by a majority vote of the city council.

Upon an expiration of term, vacancy or resignation, said member of the commission may continue to serve until a successor is appointed and qualified. Where the city council votes to remove a member of the commission, the city council shall determine the effective date of said removal.

Two absences from regularly scheduled meetings of any member within one calendar quarter, and/or four absences from regular meetings within one calendar year creates an automatic vacancy. There shall be no distinction between excused or unexcused absences. When an automatic vacancy occurs, the staff liaison shall promptly notify the city council, the commission, and the member. The automatic vacancy shall not be effective until council receives notice and fails to waive application of this section. The city council may waive application of the automatic vacancy upon its own motion; otherwise, the vacancy so created shall be filled pursuant to the above sections. (Prior code § 2-74)

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2.32. 030 Powers and duties.

The city planning commission shall be governed in all respects and perform the duties prescribed by applicable state and local laws. (Prior code § 2-75)

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2.32. 040 Disqualification for conflict of interest.

(a) Any member of the Planning Commission who is disqualified from voting or taking any action on a particular matter by reason of a conflict of interest as defined either by the Political Reform Act (Government Code Sections 81000 et seq.) ("the Act") or by Government Code Section 1090 shall provide notification as set forth in subsection (b) of this Section, and shall disclose the nature of said conflict of interest in writing to the City Manager and City Attorney at the earliest possible time and in no event later than five (5) business days from the time that the conflict of interest arises.

(b) The notification shall be in writing and shall set forth in reasonable detail and particularity the nature of the conflict, the scope of the members involvement in the project or transaction at issue, and that monetary or other consideration is to be derived by the member from said project or transaction. Said notification shall include a statement as to the affected members intention to disqualify himself or herself from any deliberation or discussion of the project or transaction at issue. The City Manager shall immediately transmit a copy of the notification to all members of the City Council and to all other members of the Planning Commission.

(c) Once a conflict of interest is ascertained, the disqualified member shall:

1. Remove himself or herself from the dais at all times during which the matter is under consideration; and
2. Refrain from participating in the discussion as a member of the body and from voting thereon; and
3. Refrain from using his or her official position to influence the decision regarding the matter.

(d) Any member of the Planning Commission so disqualified shall not be counted for the purpose of determining a quorum, and shall be considered absent for the purpose of determining the outcome of a vote on the matter, unless that members participation is required pursuant to the rule of legally required participation. (Ord. 96-1159 § 2, 05/28/96)

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