SECTIONS 34120-34121 - California Statutes

HEALTH AND SAFETY CODE

SECTION 34120-34121

34120. (a) The legislative body may, at the time of the adoption of
an ordinance declaring that there is a need for a commission to
function in the community or at any time thereafter, by adoption of
an ordinance, declare itself to be the commission, in which case all
of the rights, powers, duties, privileges, and immunities vested by
this part in a commission, except as otherwise provided in this part,
shall be vested in the legislative body of the community.
However, in any community in San Bernardino County that is a
charter city, the adoption of any order or resolution by the
legislative body acting as the commission shall be governed by the
same procedures as are set forth in the provisions of the charter,
and the mayor shall be chairperson of the commission, having the same
power and authority in the conduct of the commission and the
meetings of the legislative body acting as the commission that the
mayor has in the conduct of the affairs of the city.
(b) If the legislative body has declared itself to be the
commission, the legislative body shall appoint two additional
commissioners who are tenants of the housing authority if the housing
authority has tenants. One tenant commissioner shall be over 62
years of age if the housing authority has tenants of that age. If the
housing authority does not have tenants, the legislative body shall,
by ordinance, provide for the appointment to the commission of two
tenants of the housing authority, one of whom shall be over 62 years
of age if the housing authority has tenants of that age, within one
year after the housing authority first has tenants. The term of any
tenant appointed pursuant to this subdivision shall be two years from
the date of appointment. If a tenant commissioner ceases to be a
tenant of the housing authority, he or she shall be disqualified from
serving as a commissioner and another tenant of the housing
authority shall be appointed to the remainder of the unexpired term.
A tenant commissioner shall have all the powers, duties, privileges,
and immunities of any other commissioner.
(c) As an alternative to the appointment of tenants of the housing
authority as commissioners pursuant to subdivision (b), if a
community development committee is created as provided in Section
34120.5, the governing body may make tenant appointments pursuant to
subdivision (b) to the committee, rather than to the commission.

34120.5. (a) A legislative body which has declared itself to be the
commission pursuant to Section 34120 may, by ordinance, create a
community development committee of not more than seven members, or
not more than nine members if tenant appointments are made pursuant
to Section 34120. The terms of office, qualifications, and method of
appointment and removal shall be as provided by ordinance.
(b) If a community development committee is created, its function
shall be to review and make recommendations on all matters to come
before the commission prior to commission action, except emergency
matters, and matters which the committee, by resolution, excludes
from committee review and recommendation. The legislative body may
provide for procedures for review and recommendation, and for further
functions of the committee, by ordinance or resolution, and may
delegate any of its functions as the community development commission
to the committee.

34121. A legislative body which has declared itself to be the
commission pursuant to Section 34120 may at any time by resolution
determine that it shall no longer function as the commission, in
which event, the mayor or chairman of the board of supervisors or
similar official, with the approval of the legislative body, shall
appoint resident electors of the community as members of the
commission, including two tenant commissioners as provided in Section
34130.