Chapter 32 — CITY BOARDS, COMMISSIONS, AND COMMITTEES

(A) Boards, commissions, and committees shall be established by the City Council and shall have powers and duties as established herein, by resolution, or state statute. The City Council may create by resolution special committees and such temporary ad hoc committees as in its judgment are required or deemed necessary to render advice or recommendations to the City Council on subject matters within its jurisdiction.

(B) Unless otherwise provided by law, ordinance, or resolution, all actions of the boards, commissions, and committees may be subject to the review, modification, and approval by the City Council. (Ord. 2017-009, passed 9-26-17)

(A) The members of boards, commissions, and committees shall be appointed as established herein, unless otherwise stated by law, ordinance, or resolution. Notwithstanding the provisions of §§ 32.45 et seq. , voting members shall not be elected officials of the city; nor shall any member be employed by the City of Riverbank government. In order to be eligible for appointment to such bodies, a person shall be a qualified registered elector of the City of Riverbank. Under special circumstances, as deemed necessary, an owner of a business located within the city limits may serve as a member. In no event shall less than a majority of any board, commission, or committee be made up of qualified registered electors of the city.

(B) Removal. Any member of a board, commission, or committee may be removed from office at any time, with or without cause, by a majority vote of the City Council, except in cases where the Mayor or City Council are not the appointing authority (in which cases such regular appointing authority may exercise this power of removal).

(C) Unless otherwise specifically provided by the action establishing the body or appointing its initial members, the City Council at its discretion may limit the number of citizen advisory bodies a person may serve on simultaneously.

(D) Attendance. All members appointed must be active participants in order for the board, commission, or committee to function effectively and accomplish its goals. Members must notify the secretary or designated recorder at least 24 hours in advance if he or she is unable to attend a meeting. If a member is absent from three regular, opened meetings, without cause or notice, or from 25% of the duly annual regularly scheduled opened meetings, the membership shall thereupon become vacant and shall be filled as any other vacancy.

(E) Compliance with state requirements. Members of boards, commissions, and committees, shall comply with applicable state laws that govern mandatory training courses, conflict of interest declarations and Political Reform Act requirements, the Ralph M. Brown Act requirements, and other provisions of laws as required. Noncompliance shall be cause for removal.

(Ord. 2017-009, passed 9-26-17)

(A) Pursuant to Cal. Gov. Code § 40605 the Mayor, with the approval of the City Council, shall make all appointments to boards, commissions, and committees for staggered terms, unless otherwise specifically provided by statute, ordinance, or resolution.

(B) Alternate member. The Mayor, with the approval of the City Council, may appoint one or two alternate members to each board, commission, or committee to serve a staggered two-year term. During their term as such, the alternate(s) shall have all of the powers and duties of a regular member except his or her right to vote shall only be allowed and have legal effect when he or she is seated as an acting member of the board, commission, or committee in the absence of a regular member.

(1) The alternate member shall attend the scheduled meetings. An alternate member shall take measures to be prepared to serve in the absence of a regular member by ensuring his or her review and comprehension of reports or documents on subject matters, and by ensuring his or her familiarity with previous actions taken and discussions conducted on matters of consideration.

(2) Compensation for alternate member. Compensation for an alternate member shall be 50% of the compensation received by a regular member for attendance of an opened meeting. When an alternate member takes the place of a regular member, the alternate shall be paid the full amount normally received by the regular member.

(3) If multiple alternate appointments are made to a board, commission, or committee, they shall be designated by sequential numbering to establish the order of who will be called upon to serve (i.e., Alternate-1; Alternate-2). (4) In the event one or more interim vacancies on a board, commission, or committee occurs, an alternate member, by order of number assigned if multiple alternate positions exist, shall by City Council resolution, assume the unexpired portion of the term vacated and shall serve as a regular member.

(5) A new alternate may be recruited pursuant to § 32.05 of this chapter to fill the unexpired term vacated, and may be reappointed as an alternate without the conduct of a recruitment on a one time basis to fulfill a new two-year term.

(Ord. 2017-009, passed 9-26-17)

Members of a board, commission, or committee shall serve at the pleasure of the City Council for staggered year terms as set by statute, ordinance, or resolution.

(Ord. 2017-009, passed 9-26-17)

(A) Scheduled vacancy. Whenever a scheduled vacancy occurs due to an expired term, a recruitment process shall be conducted in accordance with any resolution establishing the terms of office and procedures by which to fill vacancies. The recruitment procedures shall be no less than by posting a special vacancy notice in the City Clerk’s Office, city exterior public building boards, the city website and social media links, and published in a local newspaper, within 20 days after the vacancy occurs. A final appointment to the board, committee, or commission to fill the vacancy shall not be made for at least ten working days after posting of the notice.

(B) Unscheduled vacancy.

(1) Whenever an unscheduled vacancy occurs on a board, commission, or committee whether due to resignation, removal, or other cause, a vacancy may be filled pursuant to § 32.03 of this chapter if an alternate member exists. (2) When no alternate member exists to fill an unscheduled vacancy, a recruitment process shall be conducted pursuant to § 32.05(A).

(C) If the City Council determines that an emergency exists, it may fill an unscheduled vacancy immediately. Persons appointed to fill vacancies shall serve on an acting basis until final appointment is made, and in no event longer than the unexpired term.

(Ord. 2017-009, passed 9-26-17)

The powers, duties, and responsibilities of a board, commission, or committee shall be specified herein or by adoption of a City Council resolution that establishes its bylaws or its rules and procedures.

(Ord. 2017-009, passed 9-26-17)

(A) Unless otherwise already provided by law, ordinance, or resolution, a board, commission, and committee shall by City Council resolution adopt bylaws or rules and procedures to establish and govern its powers, duties, and responsibilities; terms of service; compensation; and other matters that constitutes its organization and its order and conduct of a public meeting and transaction of public business.

(B) The bylaws or rules and procedures shall include compliance with applicable state laws that govern mandatory training courses, conflict of interest declarations and Political Reform Act requirements, the Ralph M. Brown Act requirements, and other provisions of laws as required.

(C) The bylaws or rules and procedures must be consistent with the Riverbank municipal code and applicable state laws. Any amendments to the bylaws or rules and procedures shall be made by resolution. (Ord. 2017-009, passed 9-26-17)

Unless otherwise stated by statute or ordinance a board, commission, or committee that has served its purpose shall be abolished by City Council resolution.

(Ord. 2017-009, passed 9-26-17)

INDUSTRIAL DEVELOPMENT AUTHORITY

(A) The California Industrial Development Financing Act, Cal. Gov't Code §§ 91500 et seq. (the “Act”), has established in the city, a public instrumentality of the State of California known as the Industrial Development Authority of the city of Riverbank, for the purpose of exercising powers granted by the Act.

(B) The public purposes are to increase opportunities for useful employment or otherwise contribute to economic development.

(C) The sole purpose of an authority is to undertake projects through the issuance of tax-exempt bonds in accomplishment of the purposes provided in the Act and to carry out and complete such projects and perform and exercise derivative obligations and powers.

(Ord. 2017-009, passed 9-26-17)

The need for the establishment of an Industrial Development Authority is based upon findings that industry requires an alternative method of low-cost capital financing, that such an authority can provide, in order for it to undertake the acquisition, construction, or rehabilitation of facilities which will serve public purposes. (Ord. 2017-009, passed 9-26-17)

(A) Need. There is a need in the city for an Industrial Development Authority to provide industry with an alternative and additional method of financing capital projects with specified public purposes by the issuance of taxexempt industrial development bonds in accordance with state policy as set forth in the Act.

(B) Organization.

(1) The industrial development authority of this city established by the Act is hereby declared organized and shall function under the name “Industrial Development Authority of the City of Riverbank,” and shall meet on an as needed basis. The Authority shall be authorized to transact business and exercise all of the powers and other authority conferred upon industrial development authorities in such Act.

(2) Pursuant to the Act, the City Council may appoint a board of directors of an Industrial Development Authority, or may by resolution declare itself to be the board in which case all the rights, powers, privileges, duties, liabilities, disabilities, and immunities vested in a board shall be vested in the governing body.

(Ord. 2017-009, passed 9-26-17)

Whenever the governing body shall declare that there is no longer a need for an authority, and the authority shall no longer function, the dissolution of the authority shall occur in the manner as indicated pursuant to the Act. (Ord. 2017-009, passed 9-26-17)

PLANNING COMMISSION

Pursuant to Chapter 3, Title 7 of the California Government Code, A Planning Commission is hereby established in and for the City of Riverbank.

(Ord. 2017-009, passed 9-26-17)

(A) The Planning Commission shall consist of five voting members who shall serve four-year terms of office, and one alternate member who shall serve a two-year term of office, all of whom shall be residents and registered voters of the City of Riverbank. In accordance with § 32.03 of this chapter:

(1) The Mayor with the approval of the City Council may appoint an additional alternate member as deemed necessary.

(2) Alternate members shall be prepared to serve in the absence of a regular member when called upon.

(B) The provisions of membership in § 32.02 of the chapter shall apply. Notwithstanding § 32.02(A), all members shall be residents and electors of the City of Riverbank. The members shall be appointed by the Mayor, with the approval of the City Council.

(C) At the first opened meeting of a new year, the Planning Commission shall select a Chairperson and Vice Chairperson from among its appointed members, in accordance with its established rules and procedures. The term of these offices shall be for one year. These officers shall perform such duties as required by any law, ordinance, or resolution.

(Ord. 2017-009, passed 9-26-17)

(A) Compensation may be provided. Any amount of compensation provided shall be fixed by City Council resolution and may be changed from time to time.

(B) Alternate member compensation. Compensation for alternate member shall be 50% of the compensation received by a regular member for attendance of an opened meeting. When an alternate member takes the place of a regular member, the alternate shall be paid the full amount normally received by the regular member.

(C) The members shall receive reasonable compensation for expenses incurred to attend requested training sessions or to perform their duties.

(Ord. 2017-009, passed 9-26-17)

(A) The Planning Commission shall meet at least once a month at such time and place as fixed by resolution.

(B) Regular or special meeting proceedings shall comply with the Ralph M. Brown Act.

(C) In accordance with the provisions of § 32.07 of this chapter, the Planning Commission shall adopt rules and procedures to participate as members of the commission and for the conduct of meetings and transaction of business. Records of its resolutions, transactions, findings and determinations shall be kept on file in accordance with the city’s records retention schedule and shall be public records in accordance with the California Public Records Act. (Ord. 2017-009, passed 9-26-17)

(A) Staff support services shall be provided by the Community Development Director or his or her designee, who shall be appointed by the City Manager with the approval of the City Council.

(B) The Community Development Director or his or her designee shall act as secretary to the Commission. In the absence of a Community Development Director, the next level of authority of the city’s Planning Department, shall serve as the secretary.

(C) The City Clerk or designated city staff may serve as recorder of the proceedings. (Ord. 2017-009, passed 9-26-17)

The Planning Commission shall have the power and duties:

(A) To cause to be prepared and recommend for adoption a comprehensive long term general plan for the physical development of the city, and of any land outside its boundaries, as provided for by the conservation and planning laws of the state. Such plan shall be known as the general plan of the city, and may comprise any, all or any combination of the plans specified in Cal. Gov't Code §§ 65300 et seq.

(B) To cause to be prepared plans based on the general plan and drafts of such regulations, programs, and legislation as may, in its judgment, be required for the systematic execution of the general plan and to recommend such plans and measures to the City Council for adoption.

(C) To act as the advisory agency for the city in connection with the administration of the Subdivision and Map Act of the state.

(D) To investigate and recommend to the City Council plans for the improvement and beautification of the city, such as the opening, straightening, widening, closing or parking of public streets; the location and improvement of public buildings and public works.

(E) To perform the duties of Planning Commission required under Cal. Gov't Code §§ 65000 et seq. and the Riverbank municipal code.

(F) To perform such other duties as may be imposed upon it by the City Council by ordinance or resolution. (Ord. 2017-009, passed 9-26-17)

ENVIRONMENTAL REVIEW COMMITTEE

The Environmental Review Committee (ERC) of the city is established. The ERC shall consist of the City Manager, the Director of Community Development, the Director of Public Works, the Director of Parks and Recreation, and the Police Chief, or their designated alternates. The Director of Community Development or his or her designee shall serve as the Chairperson of the committee.

(Ord. 2017-009, passed 9-26-17)

The terms of staff members are ongoing unless changed by action of the City Council. (Ord. 2017-009, passed 9-26-17)

(A) The ERC shall meet on an as needed basis to insure the timely review of projects as defined by the California Environmental Quality Act.

(B) A majority of the ERC shall constitute a quorum for the purpose of transacting the business of the committee. (Ord. 2017-009, passed 9-26-17)

The ERC shall record the results of its proceedings and transactions and shall share the opinions of the committee with the applicant or project proponent. The opinions of the committee shall be disclosed in reports to the Planning Commission and City Council as may be required.

(Ord. 2017-009, passed 9-26-17)

(A) All discretionary projects which are not categorically exempt or otherwise exempted from further environmental assessment, shall be forwarded to the ERC for evaluation under the California Environmental Quality Act.

(B) The ERC shall evaluate the initial study of a proposed project to determine whether the project may or may not have a significant effect on the environment.

(C) If a determination is made that the project will not have a significant impact on the environment, the ERC will recommend that the final reviewing authority (decision-maker) grant a negative declaration.

(D) If a determination is made that the project may have a significant impact on the environment, the ERC shall require preparation of an environmental impact report (EIR). The major areas of concern, the selection of the preparer, and the preparation of the EIR shall be coordinated by the committee.

(Ord. 2017-009, passed 9-26-17)

The ERC shall determine which projects require the preparation of an environmental impact report, based on the magnitude or complexity of a project. Unless it can be demonstrated through extensive technical studies that no significant impacts are anticipated, the following projects are presumed to be sufficiently large and/or complex so as to require the preparation of an environmental impact report.

• (A) Annexations over 150 acres;

• (B) Commercial development projects proposing more than 1,000 square feet of gross building floor area;

(C) Other development projects (i.e., tentative subdivision maps, specific plans, general plan amendments, and the like) which contain more than 100 acres or propose more than 200 dwelling units;

(D) Notwithstanding the above thresholds, projects involving significant controversy or complexity may require the preparation of an environmental impact report based on the findings of the ERC. Further, even if it is determined that an environmental impact report is not necessary, an action or approval by the city may still require a different environmental analysis under the California Environmental Quality Act.

(Ord. 2017-009, passed 9-26-17)

(A) The city has responsibility for, and control over, the form, scope and contents of all documents comprising environmental assessment of a project. All reports, studies, or other documents prepared by or under direction of an applicant, intended for inclusion in the environmental documents, shall be clearly identified as "Proponent's Environmental Assessment" and shall set forth in detail the assumptions, and methodologies supporting any conclusions reached, or upon which any recommendations may be based.

(B) The ERC, at its sole discretion, may decide to utilize the services of a private consulting firm to prepare or review all studies, reports, and other documents required or permitted by the guidelines, including those submitted by the proponent or any other party. In all cases, the consultant shall enter into a contract with, and is responsible directly to, the city. All contract services shall be performed to the satisfaction of the Environmental Review Committee.

(C) All costs incurred in the preparation of the environmental documents, including the costs of services performed under division (B) of this section and costs incurred by the Environmental Review Committee, including city staff time, shall be borne by the project proponent.

(Ord. 2017-009, passed 9-26-17)

(A) As permitted by § 15022(d) of the Guidelines for California Environmental Quality Act (Cal. Code of Regulations, Title 14, Chapter 3, § 15022(d) as promulgated by the California Natural Resources Agency and as subsequently amended are adopted by this reference. Whenever any provisions of the California Environmental Quality Act or the Guidelines for the California Environmental Quality Act conflict with any provision of this chapter, the California Environmental Quality Act and the Guidelines for the California Environmental Quality Act shall supersede this chapter.

(B) The ERC shall review all notices of exemption for residential development projects, within specific plan areas to insure that the project implements and is consistent with the applicable specific plan and certified environmental impact report. When making said determination the ERC shall take into account all mitigation measures, mitigation monitoring program and provisions of § 15162 of the Guidelines for the California Environmental Quality Act (see Cal. Code of Regulations § 15162).

(Ord. 2017-009, passed 9-26-17)

The project sponsor may appeal a decision to prepare an environmental impact report to the Planning Commission. The appeal shall be filed in writing with the City Clerk within five working days of the ERC’s decision. If the

Planning Commission determines that an environmental impact report is not necessary, the project shall be returned to the ERC for further consideration.

(Ord. 2017-009, passed 9-26-17)

The City Council may, by resolution, establish an environmental assessment fee. (Ord. 2017-009, passed 9-26-17)

Nothing in this chapter shall be construed as restricting or curtailing any powers of the City Council, Planning Commission, or city officers.

(Ord. 2017-009, passed 9-26-17)