Hercules Municipal Code Art. 1 Planning Commission

There is hereby established a Planning Commission which shall be composed of five (5) members, who shall be appointed by the Council. Members must be residents of the City of Hercules and at least eighteen (18) years of age. No member may be a Council member, officer or employee of the City. All members shall serve at the pleasure of the City Council and may be removed at any time, with or without cause, by a majority vote of the Council.

(Ord. 171 § 1 (part), 1983; Ord. 391 § 1, 2004; Ord. 519 § 2 (part), 2019)

The terms of office for members of the Planning Commission shall be two (2) years; provided, that the first members of the Planning Commission appointed after the effective date of the ordinance codified in this Article shall serve terms as follows:

Two (2) members for a term of one (1) year.

Three (3) members for a term of two (2) years.

The determination of the respective terms of such initial members shall be by lot conducted by the City Clerk. Each member shall serve until his successor is duly appointed and qualified.

(Ord. 171 § 1 (part), 1983; Ord. 519 § 2 (part), 2019)

Any member of the Planning Commission who is absent from three (3) meetings of the Planning Commission during any rolling twelve (12) month period shall be automatically removed from the Commission. The vacancy thereby created shall be filled as provided in Section 2-2.104.

(Ord. 171 § 1 (part), 1983; Ord. 370 § 1 (part), 2002; Ord. 474 § 1, 2013; Ord. 519 § 2 (part), 2019)

If a vacancy occurs in the membership of the Planning Commission whether by death, resignation, automatic removal as provided in Section 2-2.103, removal by the Council or for any other reason, the vacancy shall be filled in accordance with the process for appointments established by City Council resolution, as amended from time to time.

(Ord. 171 § 1 (part), 1983; Ord. 519 § 2 (part), 2019)

Each member of the Planning Commission shall receive a salary of fifty dollars ($50.00) for attendance at a regular scheduled meeting of the Planning Commission. Such salary shall be paid with the first payroll distribution of each month for the preceding month and will commence with the effective date of the ordinance codified in this Article. No compensation will be provided for nonattendance at a regular scheduled meeting, attendance at special meetings, or when a regular scheduled meeting has been canceled.

(Ord. 171 § 1 (part), 1983; Ord. 361 § 1, 2001; Ord. 519 § 2 (part), 2019)

The Planning Commission shall annually elect a Chairperson and Vice-Chairperson to serve a term of one (1) year. The Chairperson shall preside at all meetings and shall report to the Council on all recommendations of the Commission. The Vice-Chairperson shall perform the functions of the Chairperson in case of absence of the Chairperson. Upon completion of the one (1) year term as Vice-Chairperson, the Vice-Chairperson shall be given the first option to serve as Chairperson of the Planning Commission.

(Ord. 171 § 1 (part), 1983; Ord. 370 § 1 (part), 2002; Ord. 519 § 2 (part), 2019)

The Commission shall hold two (2) regular meetings each month at a public meeting place within the City of Hercules. Such meetings shall be held on the dates and at the times established by City Council resolution, said dates and times to be posted on the City's official website. A special meeting may be called at any time by the Chairperson or by a majority of the members of the Planning Commission. All meetings of the Commission shall be open to the public and the provisions of the Ralph M. Brown Act (Government Code Section 54950 et seq.) shall apply.

(Ord. 171 § 1 (part), 1983; Ord. 374 § 1, 2002; Ord. 519 § 2 (part), 2019)

A majority of the members of the Commission shall constitute a quorum for the transaction of business at any meeting, but action may be taken by the Commission only by majority vote of the total membership of the Commission.

(Ord. 171 § 1 (part), 1983; Ord. 519 § 2 (part), 2019)

In addition to the duties imposed by State law, the Planning Commission shall have the following duties:

(a) Perform all the functions assigned to it by the zoning and design review ordinances of the City of Hercules;

(b) Annually or more frequently, as may be needed, review the General Plan of the City of Hercules and make recommendations to the City Council with respect thereto;

(c) Prepare, review and recommend specific (neighborhood) plans or amendments to existing such plans;

(d) Act as the Advisory Agency with respect to subdivision maps for the purpose of reviewing and making recommendations to the Council with respect to such maps;

(e) Review and make recommendations to the Council with respect to environmental impact reports;

(f) Advise and recommend to the Council regarding the acquisition, use and disposition of City-owned real property;

(g) Annually review the capital improvement program of the City and make recommendations to the Council for establishing and modifying the list of priority projects in keeping with the scope and intent of the General Plan;

(h) Coordinate plans and programs with other City, County, regional, State and Federal agencies in matters of common concern;

(i) Review and submit annually to the Council a report of its activities;

(j) Such other duties relating to planning, zoning and community development as may be directed by the Council.

(Ord. 171 § 1 (part), 1983; Ord. 519 § 2 (part), 2019)