Los Banos Municipal Code § 2-2.102 Powers and duties

There is hereby established the Los Banos Parks and Recreation Commission (hereinafter referred to in this article as Commission).

(§ 1, Ord. 1069, eff. April 4, 2008, as amended by § 2, Ord. 1113, eff. January 1, 2014)

The Commission shall have the following powers and duties:

(a) To promote and encourage and coordinate all matters of public recreation, whether specified in this article or not, in the City;

(b) To act in an advisory capacity to the City Council on the acquisition, development, operation, and maintenance of parks, playgrounds, and recreation centers and facilities for the public;

(c) To plan, program, and encourage civic beautification by public agencies and private property owners when such activities relate to recreation and parks;

(d) To make recommendations to the City Council regarding changes and improvements in the areas set forth in this section;

(e) To consider the annual budget for parks and recreation during the process of its preparation and make recommendations thereon to the City Council;

(f) To assist in the planning of recreation programs for the community, promote and stimulate public interest therein, and to that end solicit to the fullest extent possible the cooperation of the County, the Los Banos Unified School District, and other public and private agencies interested therein;

(g) To advise and recommend to the City Council regarding the construction, acquisition, and maintenance of recreational facilities;

(h) To have all other powers granted to it by the provisions of Sections 10900 through 10914.5 of the California Education Code; and

(i) To perform other related duties as directed by the City Council.

(§ 1, Ord. 1069, eff. April 4, 2008, as amended by § 3, Ord. 1113, eff. January 1, 2014)

The Commission shall consist of five members. Except as set forth herein, candidate(s) for appointment shall be recommended to the City Council by the Mayor, with input from a Council Member, selected by the City Council on a rotating basis, and the Public Works Director who shall form an ad hoc committee to review applications, interview applicants, and evaluate the candidates for recommendation by the Mayor to the City Council. One of the members shall be recommended to the City Council by the Mayor, by nomination from the Los Banos Unified School District. At the time of appointment to the Commission and throughout his or her term each Commissioner shall be a resident of the City of Los Banos and a registered, qualified elector of the City.

(§ 1, Ord. 1069, eff. April 4, 2008, as amended by § 4, Ord. 1113, eff. January 1, 2014)

Each Commissioner shall serve a term of two years. Terms of office shall be staggered and not more than three Commissioners shall have terms that end in the same year. A member's term of office shall expire on December 31st of the second year of his or her respective term.

(§ 1, Ord. 1069, eff. April 4, 2008, as amended by § 5, Ord. 1113, eff. January 1, 2014)

(a) If a Commission member ceases to reside in the City of Los Banos such Commissioner's position shall be declared vacant.

(b) If a member of the Commission is absent without cause from three successive regular meetings of the Commission, the Commission or the City Manager may request the City Council declare the position vacant. A member is not absent without cause if his or her absence is due to illness, or is unavoidable and the member gives notice to City staff before the meeting that he or she will be absent and the reason for the absence.

(c) A member of the Commission shall not automatically be reappointed to a successive term of office. A member desiring reappointment shall be required to make formal application and in the case of the Los Banos Unified School District member said member shall be required to be renominated by the Los Banos Unified School District for reappointment. If a vacancy shall occur otherwise than by the expiration of a term the vacancy shall be filled as set forth in Section 2-2.103, for the unexpired portion of the term.

(§ 1, Ord. 1069, eff. April 4, 2008, as amended by § 6, Ord. 1113, eff. January 1, 2014)

Any appointive member of the Commission may be removed from the Commission by a majority vote of the City Council.

(§ 1, Ord. 1069, eff. April 4, 2008, as amended by § 8, Ord. 1113, eff. January 1, 2014)

A member of the Commission may resign from the Commission by filing a written statement with the City Clerk stating that he or she resigns from the Commission. The resignation shall become effective at the time of filing such written statement, and such member shall thereupon cease to be a member of the Commission, and a vacancy shall exist.

(§ 1, Ord. 1069, eff. April 4, 2008, as amended by § 9, Ord. 1113, eff. January 1, 2014)

Members of the Commission shall serve without compensation.

(§ 1, Ord. 1069, eff. April 4, 2008, as amended by § 10, Ord. 1113, eff. January 1, 2014)

The first meeting in January of each year shall be the organization meeting. Immediately after appointment and qualification, the Commission shall organize by electing one of its members as chairperson, who shall be charged with the orderly conduct of the meetings, and one as vice-chairperson, to assume such duties in the absence of the chairperson, who both shall serve for one year.

(§ 1, Ord. 1069, eff. April 4, 2008, as amended by § 11, Ord. 1113, eff. January 1, 2014)

Regular meetings of the Commission shall be held quarterly on the third Tuesday of January, April, July, and October at 6:00 p.m. at City Hall, located at 520 J Street in the City. If any regular meeting day falls on a City holiday, the meeting shall be held on the following regular City business day at 6:00 p.m.

(§ 1, Ord. 1069, eff. April 4, 2008, as amended by § 12, Ord. 1113, eff. January 1, 2014, and § 1, Ord. 1151, eff. January 7, 2017)

Three members of the Commission shall constitute a quorum for the transaction of business, but a lesser number may adjourn from time to time.

(§ 1, Ord. 1069, eff. April 4, 2008, as amended by § 13, Ord. 1113, eff. January 1, 2014)

The Public Works Director, or designee, shall serve as secretary to the Commission.

(§ 1, Ord. 1069, eff. April 4, 2008, as amended by § 14, Ord. 1113, eff. January 1, 2014)