V DA FO AND L GALITY

INTRODUCED BYCOUNCILMEMBERCITY ATTORNEY

ORDINANCE NO C M S

ORDINANCE AMENDING THE DIITIEB FIINCTIONB COMPOSITION ANDAPPOINTMENT PROCEDORES FOR THE CITY PLANNING COMMI88IONAND LANDMARKS PRESERVATION ADVISORY BOARD A8 EBTABLISHEDIN THE OAKLAND PLANNING CODE AND BY ORDINANCE NOB 192CMBAND 8883 CMB

WHEREAB the City Planning Commission the Commission was

established by the City Council of the City of Oakland on May 51932 by Ordinance No 192 CMS for the purpose of consideringand reviewing matters related to planning development and

preservation and advising the City Council on land use andenvironmental concerns and

WHEREAS the Landmarks Preservation Advisory Board theBoard was established by the City Council on October 4 1973 byOrdinance No 8883 CMS for the purpose of advising and

assisting the City Planning Commission and the Director of CityPlanning as well as other public agencies civic groups and thegeneral public on preservation matters and

WHEREAS at a Special Meeting of the City Council convened onor about April 26 1994 the City Council determined that the

enabling legislation for boards and commissions should be amendedto incorporate uniform requirements regarding the selection of

members the duties of said members and the generalresponsibilities of boards and commissions

The Council of the City of Oakland does ordain as follows

Section 1 Section 2a of the OAKLAND PLANNING CODE isamended to read as follows

a City Planning Commission And LandmarksPreservation Advisory Board The membership andorganization of the City Planning Commission andLandmarks Preservation Advisory Board shall be as

prescribed in this Code and Ordinance Nos 192 and8883 CMS as amended respectively includingbut not limited to the amendments made by OrdinanceNo 6485 CMS and their powers shall be asprescribed in said ordinances and in this CodeUnless expressly stated therein neither theadoption of this Code nor any amendments theretonor the repeal hereby of any ordinance shall in

6002450057831

any manner affect the organization of the City

Planning Commission or Landmarks Preservation

Advisory Board as existing on the effective date

hereof Unless expressly stated otherwise all

persons holding office on said Commission or Board

under any provision repealed hereby shall continue

to hold such office according to the former tenure

thereof

Section 2 New subsections c d and e are added

to Section 2 of the OAKLAND PLANNING CODE to read as follows

c Affirmative Action T o th e e xte nt

practicable Commission and Board appointmentsshall be made in accordance with the Citysaffirmative action policies

d Geographic Diversity To the extent

practicable Commission and Board appointmentsshall reflect the geographical diversity of the

City

e Councilmember Recommendations In makingCommission and Board appointments the Mayor shall

accept for consideration recommendations for

appointments offered by each CouncilmemberCouncilmembers must submit recommendations to the

Mayor for consideration at least 30 days prior to

expiration of an existing Commission or Board

membersterm

Section 3 New subsectionsfgh andi are

added to Section 2 of the Oakland Planning Code to read as follows

f Staggered Terms Commencing with the

effective date of this Ordinance Commission and

Board members shall be appointed to staggeredterms said terms to commence upon the date of

appointment except that an appointment to fill a

vacancy shall be only for the unexpired portion of

the term

g Length of Terms Except for the initial

appointments made immediately following passage of

this Ordinance which may be for lesser terms oftwo 2 years or one 1 year in order to establishstaggered terms pursuant to subsection f all

appointments shall be for a period of three 3years

2

h Limit on Consecutive Terms Commencing withthe effective date of this Ordinance no personshall serve more than two 2 consecutive terms as

a member of the Commission or Board Members ofthe Commission or Board sitting on the effectivedate of this ordinance shall not be appointed toserve more than one 1 additional consecutive termas a member of the Commission or Board

In the event an appointment to fill a vacancy hasnot occurred by the conclusion of a Commission orBoard members term that member may continue toserve as a member of the Commission or Board duringthe following term in a holdover capacity for a

period not to exceed one year to allow for the

appointment of a Commission or Board member toserve the remainder of said following term

i Removal To assure participation ofCommission and Board members attendance by themembers of the Commission and Board at allregularly scheduled and special meetings of theCommission and Board shall be recorded and suchrecord shall be provided semiannually to theOffice of the Mayor for review A member may beremoved pursuant to Section 601 of the CityCharter Among other things conviction of a

felony misconduct incompetency inattention to or

inability to perform duties or absence from three

3 consecutive regular meetings except on accountof illness or when absent from the City bypermission of the Commission or Board shallconstitute cause for removal

Section 4 Section 4 of the OAKLAND PLANNING CODE isamended to read as follows

In addition to the powers and duties of the CityPlanning Commission as specified at Section 2 and Section 3 theCity Planning Commission shall have and exercise the followingpowers and duties

a Guidelines The Commission may adopt or mayauthorize the Director of City Planning to adoptreasonable guidelines for the administrationinterpretation or requirements of this Code orportions of this Code

b Status Reports The Commission shall submitregular status reports to the City Councilcommittee designated as liaison to the CommissionThe regular status reports must be submitted atleast once a year or more frequently if directed

3

by the chairperson of the City Council committee to

which the Commission reports

c Detailed Descriptions Status reportssubmitted in fulfillment of subsection b above

must include a detailed description of operatingand staffing needs to be developed and maintained

by the department responsible for staffing and

administration of the Commission

d City Council Goals Each year the Commission

shall review the annual goals and objectives of the

City Council Review of City Council goals and

objectives shall be undertaken to provide the

Commission the opportunity to better integrate the

activities of the Commission with the Citysoverall goals and objectives

e City Council Approval of Standing Committees

City Council approval must be obtained prior to the

creation of any standing committee of the

Commission A proposal to create a standingcommittee of the Commission must includeinformation regarding the costs associated withstaffing the standing committee and the costs of

complying with noticing and reporting requirementsresulting from the establishment of any such

standing committee of the Commission

Section 5 Section 5 of the OAKLAND PLANNING CODE isamended to add a new subsectionj to read as follows

j Additional Duties The Board shall submitregular status reports to the City Councilcommittee designated as liaison to the Board The

regular status reports must be submitted at leastonce a year or more frequently if directed by thechairperson of the City Council committee to whichthe Board reports

Status reportsrequirements of

description of

developed and

responsible for

Board

submitted in fulfillment of thethis Code must include a detailed

operating and staffing needs to bemaintained by the department

staffing and administration of the

Each year the Board shall review the annual goalsand objectives of the City Council Review of CityCouncil goals and objectives shall be undertaken toprovide the Board the opportunity to betterintegrate the activities of the Board with theCitys overall goals and objectives

4

City Council approval must be obtained prior to the

creation of any standing committee of the Board A

proposal to create a standing committee of the

Board must include information regarding the costs

associated with staffing the standing committeeand the costs of complying with noticing and

reporting requirements resulting from the

establishment of any such standing committee of the

Board

Section 6 Section 1 of Ordinance No 192 as amendedshall be amended to read as follows

SECTION 1 CREATIONMEMBERSHIP There is herebycreated a City Planning Commission to consist of

seven 7 members The members of said Commission

shall be appointed by the Council upon nominationof the Mayor Subject to the other provisions of

this ordinance each member shall qualify by takingand filing the oath prescribed by the City charter

a Affirmative Action To the extent

practicable appointments to the Commission shall

be made in accordance with the Citys affirmativeaction policies

b Geographic Diversity To the extent

practicable appointments to the Commission shallreflect the geographic diversity of the City

c Councilmember Recommendations In makingappointments to the Commission the Mayor shallaccept for consideration recommendations for

appointments offered by each councilmemberCouncilmembers must submit recommendations to the

Mayor for consideration at least 30 days prior to

expiration of an existing Commission membersterm

Section 7 Section 2 of Ordinance No 192 CMS as

amended is amended to read as follows

SECTION 2 REMOVAL To assure participation ofCommission members attendance by the members ofthe Commission at all regularly scheduled andspecial meetings of the Commission shall berecorded and such record shall be provided semiannually to the Office of the Mayor for review Amember may be removed pursuant to Section 601 ofthe City Charter Among other things convictionof a felony misconduct incompetency inattention

5

to or inability to perform duties or absence from

three 3 consecutive regular meetings except on

account of illness or when absent from the City bypermission of the Commission shall constitutecause for removal

Section 8 Section 3 of Ordinance No 192 CMS as

amended shall be amended to read as follows

SECTION 3 VACANCIES A vacancy shall be deemedto exist whenever a person appointed thereto failsto qualify within ten 10 days after notice of

hisher appointment dies resigns or is removedand the absence of any of said members from three

3 consecutive regular meetings of the Commissionexcept on account of illness or when absent fromthe City by permission of the Commission

Section 9 Section 8 of Ordinance No 192 CMS as

amended shall be amended to add new subsections e fg and h as follows

e The City Planning Commission shall submitregular status reports to the City Councilcommittee designated as liaison to the CommissionThe regular status reports must be submitted atleast once a year or more frequently if directedby the chairperson of the City Council committee towhich the Commission reports

f Status reports submittsubsection e above must

description of operating and

developed and maintainedresponsible for staffing and

Commission

ed in fulfillment ofinclude a detailed

staffing needs to be

by the departmentadministration of the

g Each year the Commission shall review theannual goals and objectives of the City CouncilReview of City Council goals and objectives shallbe undertaken to provide the Commission the

opportunity to better integrate the activities ofthe Commission with the Citys overall goals and

objectives

h City Council approval must be obtained priorto the creation of any standing committee of theCommission A proposal to create a standingcommittee of the Commission must includeinformation regarding the costs associated withstaffing the standing committee and the costs of

complying with noticing and reporting requirements

6

resulting from the establishment of any such

standing committee of the Commission

Section 10 Section 9 a of Ordinance No 8883 CMS as

amended shall be amended to read as follows

a Creation and Membership There is herebycreated a Landmarks Preservation Advisory Board

It shall consist of seven 7 members In makingappointments the Mayor may consult persons and

organizations interested in landmarks or historic

preservation The members shall include at least

one architect one landscape architect or cityplanner one person having extensive knowledge of

Oakland history or of relevant architectural

history and one real estate broker or other personwith significant experience in the financing or

management of real estate

i Affirmative Action To the extent

practicable appointments to the Board shall be

made in accordance with the Citys affirmative

action policies

ii Geographic Diversity To the extent

practicable appointments to the Board shall

reflect the geographical diversity of the City

iii Councilmember Recommendations In makingappointments to the Board the Mayor shall acceptfor consideration recommendations for appointmentsoffered by each Councilmember Councilmembers must

submit recommendations to the Mayor for

consideration at least 30 days prior to expirationof an existing Board membersterm

Section 11 Section 5 b of Ordinance No 8883 CM S as

amended shall be amended to read as follows

b Staggered Terms Commencing with the

effective date of this ordinance Board membersshall be appointed to staggered terms said terms

to commence upon the date of appointment exceptthat an appointment to fill a vacancy shall be for

the unexpired portion of the term only

i Length of Terms Except for the initial

appointments made immediately following passage of

this ordinance which may be for lesser terms of

two 2 years or one 1 year in order to establish

staggered terms pursuant to subsection b of this

7

ordinance all appointments shall be for a periodof three 3 years

ii Limit on Consecutive Terms Commencing with

the effective date of this ordinance no personshall serve more than two 2 consecutive terms as

a member of the Board Members of the Board

sitting on the effective date of this ordinanceshall not be appointed to serve more than one 1additional consecutive term as a member of the

Board

In the event an appointment to fill a vacancy has

not occurred by the conclusion of a Board members

term that member may continue to serve as a member

of the Board during the following term in a

holdover capacity for a period not to exceed one

year to allow for the appointment of a Board

member to serve the remainder of said followingterm

Section 12 Section 5 d of Ordinance No 8883 CMS as

amended shall be amended to read as follows

d Removal To assure participation of Board

members attendance by the members of the Board atall regularly scheduled and special meetings of theBoard shall be recorded and such record shall be

provided semiannually to the Office of the Mayorfor review A member may be removed pursuant tosection 601 of the City Charter Among other

things conviction of a felony misconductincompetency inattention to or inability to

perform duties or absence from three 3consecutive regular meetings except on account ofillness or when absent from the City by permissionof the Board shall constitute cause for removal

Section 13 Section 5 of Ordinance No 8883 CMS isamended to add a new subsectionj to read as follows

j Additional Duties The Board shall submitregular status reports to the City Councilcommittee designated as liaison to the Board atleast once a year or more frequently if directedby Chairperson of the City Council committee towhich the board reports

Status reports submitted in fulfillment of thissubsection must include a detailed description ofoperating and staffing needs to be developed and

8

maintained by the department responsible for

staffing and administration of the Board

Each year the Board shall review the annual goalsand objectives of the City Council Review of CityCouncil goals and objectives shall be undertaken to

provide the Board the opportunity to better

integrate the activities of the Board with the

Citys overall goals and objectives

City Council approval must be obtained prior to the

creation of any standing committee of the Board A

proposal to create a standing committee of theBoard must include information regarding the costsassociated with staffing the standing committeeand the costs of complying with noticing and

reporting requirements resulting from theestablishment of any such standing committee of theBoard

INTRODUCED 22895

MAR 1 41995IN COUNCIL OAKLAND CALIFORNIA 19

PASSED BY THE FOLLOWING VOTE

Russo LNANG

AYES BAYTON DE LA FUENTE9RBfdMILEY SPEES WOODSJONES and PRESIDENT

HARRIS

NOES

ABSENT IABSTENTION

ATTEST

600243493

tuHrwYu

City Clerk and Clerk of the

of the City of Oakland C2

ODOCRWXMISC476461 9

N O T I C E A N D D I G E S T

ORDINANCE AMENDING THE DUTIES FUNCTIONS COMPOSITIONAND APPOINTMENT PROCEDURES FOR THE CITY PLANNINGCOMMISSION AND LANDMARKS PRESERVATION ADVISORY BOARDAS ESTABLISHED IN THE OAKLAND PLANNING CODE AND BYORDINANCE NOs 192 CMSAND 8883 CM8

This Ordinance establishes uniform requirements regardingthe selection duties and responsibilities of members of theLandmarks Preservation Advisory Board and the City PlanningCommission pursuant to City Council directive of April 26 1994

0DOCJPTADVISORY561021

heallmtb2iribun66 Jack London Square Oakland CA 94607510 2086300

LEGAL NO 3914

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tAA1t PUWNINQ CODE AND dltRDIfNANCE NOiicMaAND 6193 GMS

fifa Odkrance establlahee uniform requrrarnOrrq the aelecUon dutlesatd metnbets of the tendmerkd Advisory Board and theGtg Plaining Commission pursuant to CityCou4di directlve ofApril 26 1984

This Orctirsarrce was introduced et the r9pular c9cunoBaeefrnd Tuesday Feb

x9 1995 and to t8 0

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PROOF OF PUBLICATION

Case No

In the matterof

City of Oakland

Samantha Allendeposesandsays thatheshe was the Public Notice Advertising Clerk of THEOAKLAND TRIBUNE a newspaper of general circulation as

defined by Government Cods Sectbn 6000adudicatedas suchby theSuperiorCourtof the Sffite of California unty of AlamedaOrder No 237798 December 4 1951 which is published andanulated in Oakland Township in said county and state seven

daysa week

That the

Notice Digest

of which the annexed is a printed copy was published in everyissue of THE OAKLAND TRIBUNE on the following dates

Nlareh9199i5

I certify or dedare under penalty of perjury that the foregoingis true and correct

Date March 8 L995at Oaldand California

r

ll

Public Notice Advertising Clerk