Belmont Municipal Code Art. VI City Advisory Bodies

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Editor's note— Ord. No. 2017-1116, § 1, adopted Feb. 14, 2017, amended article VI in its entirety, in effect repealing and reenacting said article to read as herein set out. The former article VI, §§ 2-160—2-168, pertained to city boards and commissions and derived from Ord. No. 2015-1083, § 1, adopted Jan. 27, 2015. Subsequently, Ord. No. 2024-1178, § 1, adopted March 12, 2024, changed the title of Art. VI from "Citizen Advisory Bodies" to read as herein set out.

This article, which may be referred to as "Boards and Commissions Code", specifies the city advisory bodies, whether designated a board, commission, or committee, created by the city council and establishes uniform rules for all city advisory bodies.

(Ord. No. 2017-1116, § 1, 2-14-17; Ord. No. 2024-1178, § 1, 3-12-24)

City advisory bodies are those subsidiary legislative bodies of the city council whose membership does not include one or more members of the council. These city bodies advise and assist the city council and city staff in the development, implementation, and promotion of broad city goals and policies, and when expressly authorized by specific delegation of the city council, may make or participate in making city decisions that would otherwise be reserved to the city council and city staff. When making or participating in making city decisions, these bodies adhere to federal, state and local law as well as the policies and regulations adopted by the City Council and in doing so act solely for public as opposed to personal interest. City advisory bodies enhance city government when they promote effective and efficient city decision-making.

City advisory bodies play an important public-facing role in city government, acting as channels of communication and information between the city government and the general public and special interest groups, as an interface between the city council and the public, and as the venue for public hearings on city policy matters and project decisions. City advisory bodies help shape the public perception of city government and members should expect that their statements and conduct may be perceived by the public as a reflection of the City Council and the city government as a whole. As the public face of the Council, members of city advisory bodies are expected to conduct themselves in a manner consistent with council policy and the expectations of the Council as their appointing body, including the Code of Ethics and Conduct for Elected and Appointed Officials.

(Ord. No. 2017-1116, § 1, 2-14-17; Ord. No. 2024-1178, § 1, 3-12-24)

(a) Appointment to the city advisory bodies specified in this article are made by the City Council except as otherwise specified.

(b) Appointment to a city advisory body is based on such criteria as expertise, ability to work well with staff and the public, commitment to fulfilling official duties, effectiveness as a representative of the City Council and city government, and commitment, fidelity and adherence to city values, policies, priorities and expectations as expressed by the City Council.

(c) Appointees assume their office upon taking the oath of office and continue until they resign their appointment in writing, their appointment is declared vacated, or a replacement is appointed and has taken the oath of office.

(d) Appointees are at will and serve at the pleasure of the city council. Appointees have no vested rights in the office to which they are appointed or to remain in office for any period of time. The City Council may declare an appointed office vacant at any time without cause. Any such action by the council is not intended to reflect or imply any defect in the integrity or character of the appointee.

(e) The appointment periods stated in this code for each body are established for the convenience of the City Council in making appointments and considering new appointments. Appointment periods begin on the first day of March and end on the last day of February unless the Council determines otherwise.

(f) Appointees serve without compensation except as the City Council may prescribe from time to time by resolution. Any such compensation may be reduced or eliminated at any time for an advisory body as a whole by the city council without cause.

(Ord. No. 2017-1116, § 1, 2-14-17; Ord. No. 2024-1178, § 1, 3-12-24)

(a) To be eligible for appointment to a city advisory body, a prospective appointee must:

(1) Be a resident of the City of Belmont;

(2) Have submitted a statement to the city clerk acknowledging he or she has read and understands the City's Code of Ethics and Conduct; and,

(3) Not be an officer and employee of the city, except as otherwise provided herein.

(b) An appointee must, throughout the period of appointment, be eligible to hold office under subsection (a) and timely comply with the following requirements:

(1) Submit documentation to the city clerk attesting that the appointee has completed the ethics training specified by Government Code Section 53235 ("AB 1234 training") within 30 days of assuming office and thereafter by April 1 of every other year; and

(2) Submit a completed California Fair Political Practices (FPPC) Statement of Economic Interests ("Form 700") to the city clerk within 30 days of assuming office and each year thereafter by the April 1.

(c) If the city manager determines that an appointee has failed to meet any of the qualification requirements in subsections (a) or (b), he or she must provide a written notice of disqualification to the appointee.

(d) An appointee who fails to possess qualifications specified in subsection (a) is deemed to have vacated his or her office upon commencement of the noncompliance.

(e) An appointee who fails to maintain qualifications specified in subsections (b)(1) or (b)(2) may not after notice from the city manager participate as a member of the city advisory body to which the person was appointed during the period of noncompliance, and may not receive compensation for the period of noncompliance.

(Ord. No. 2017-1116, § 1, 2-14-17; Ord. No. 2024-1178, § 1, 3-12-24)

(a) Meetings.

(1) City advisory bodies are to conduct their meetings in accordance with the Brown Act, the principles of due process, Rosenberg's Rules of Order, as may be revised from time to time, and the council's Code of Ethics and Conduct for Elected and Appointed Officials. Each body may adopt such supplemental procedures as are consistent with this section, the policies and regulations adopted by the city council, the administrative policies of the city manager, and state and federal law.

(2) Regular meetings of city commissions are held in the city council's chambers and commence at 7 p.m. All other city advisory bodies' regular meetings are held at City Hall in the room and at the time designated on the agenda.

(3) Agendas for city advisory bodies are prepared by the secretary to the body in consultation with the chair.

(4) City advisory body meetings must substantially follow the procedural rules in the city council's protocols, as amended, for order of business and rules of discussion, and addressing the body. For purposes of application to the advisory body, references to the council, mayor, and city clerk mean the advisory body, the chair, and the secretary, respectively. Failure of an advisory body to follow the protocols does not affect the jurisdiction of the body or invalidate action taken at a meeting that is otherwise in conformity with the law.

(b) Officers. By April 15 of each calendar year, the members of a city advisory body are to meet in regular session and elect from their members a chair and vice-chair. The role of the chair, and in his or her absence the vice-chair, is to conduct the meetings and facilitate discussions of the body and to enforce meeting protocols. The chair and vice-chair hold office for one year or until their successors are elected.

(c) Quorum. A majority of the appointed voting members of a city advisory body constitutes a quorum. A member who abstains from voting is counted as present for purposes of determining quorum.

(d) Voting on motions. City advisory bodies take formal action by motion. Unless otherwise specified by the city council or required by law, a simple majority of the members present and voting is required to pass a motion. A member who abstains from voting is not counted as voting for purposes of determining a majority.

(e) Minutes. Each city advisory body keep summary minutes. The minutes are maintained on file in the department of the staff person assigned to be the secretary of the body.

(f) Teleconferencing. Teleconferencing by city advisory body members is permitted, and must comply with Government Code Section 54953(b) and the Council's rules for teleconferencing by Council members. The agenda and information describing the particular location where the teleconference will take place should be posted at or near the main entrance of the facility containing the teleconferenced location as soon as feasible but not less than six hours before commencement of the meeting.

(g) City Policies. Members of city advisory bodies must conduct themselves in accordance with city administrative polices including use of technology and the management of public records.

(h) The procedures applicable to city advisory bodies may be established and amended by council resolution, and when so established or amended and in conflict with this section, supersede this section.

(Ord. No. 2017-1116, § 1, 2-14-17; Ord. No. 2020-1146, § 1, 4-28-20; Ord. No. 2024-1178, § 1, 3-12-24)

City advisory bodies must not incur, allow or permit to accrue any debt or liability in excess of available funds appropriated for its purposes by the city council.

(Ord. No. 2017-1116, § 1, 2-14-17; Ord. No. 2024-1178, § 1, 3-12-24)

(a) Planning commission.

(1) A planning commission consisting of a minimum of five and maximum of seven members is created.

(2) Planning commission appointments are for three years unless otherwise determined by the city council.

(3) The duties of the planning commission are as follows:

(A) Review and recommend to the city council the adoption of amendments to the general plan.

(B) Exercise the control provided by city ordinances over the subdivision of land within the city.

(C) Exercise the control provided by city ordinances over the zoning plan and advise as to proposed changes in the plan.

(D) Perform such other functions and duties as may be required by other city ordinances.

(E) Perform such other duties as may be assigned to the commission by the city council.

(4) Regular meetings of the planning commission take place on the 1st and 3rd Tuesdays of the month.

(b) Parks, recreation and culture commission.

(1) A parks, recreation and culture commission consisting of a minimum of five voting members and a maximum of seven voting members and two non-voting youth members is created. The two non-voting youth members must be at least 13 years old, and no more than 17 years old at the time of appointment ("youth commissioners") and must present parental/guardian consent to be considered for appointment. The youth members may not receive compensation and serve only in an advisory capacity.

(2) Parks, recreation and culture commission appointments are for one year for a youth commissioner and two years for other members unless otherwise determined by the city council.

(3) The duties of the parks, recreation, and culture commission are as follows:

(A) Advise the city council on the adoption and amendment of policies and programs in the general plan related to city recreation and open space in accordance with Government Code Sections 65353 and 65354.

(B) Advise the parks and recreation department on standards for and matters related to development of recreational areas, facilities, parks and programs.

(C) Assist the parks, recreation and culture department in making periodic inventories of recreational services and facilities and parks that exist or may be needed, and interpret such matters to the public and the city council.

(D) Advise the parks, recreation and culture department in the preparation of the annual budget and long-range recreation and park capital improvement program.

(E) Advise the public works department regarding bicycle and pedestrian projects eligible for Transportation Development Act local transportation funding and the development of comprehensive bicycle plans.

(F) Perform such other duties as may be assigned to the commission by the city council.

(4) Regular meetings of the parks, recreation and culture commission take place on the 1st Wednesday of the month.

(c) Measure I Advisory Committee.

(1) Committee established. A Measure "I" Advisory Committee consisting of a minimum of three and a maximum of five members is created to report annually to the city council regarding the collection and expenditure of revenue from Measure "I", the Belmont Streets and City Services Measure, a one-half cent transaction and use tax.

(2) Committee appointments. Appointments to the committee are for three years unless otherwise determined by the city council.

(3) Committee duties. The committee's duties are to review and evaluate Measure "I" annual reports and the general scope of the associated audit work. Based on the committee's review and the audit opinions of the independent auditor, the committee reports whether there is reasonable assurance that the Measure "I" money is being properly spent and reported on. The committee's report is be transmitted through the city manager's office to the city council for consideration at a city council meeting. The city manager will provide any reasonable administrative or technical assistance to enable the committee to fulfill its duties.

(4) Conflicts. In order to preserve the integrity and independence of the advisory process, committee members may not have a role in determining the use of revenue generated by Measure "I".

(5) Meetings. The committee meets once to be briefed on the annual budget (mid-year) and again to review the Measure "I" audit report.

(Ord. No. 2017-1116, § 1, 2-14-17; Ord. No. 2017-1120, § 2, 7-11-17; Ord. No. 2019-1139, § 1, 3-26-19; Ord. No. 2020-1146, § 2, 4-28-20; Ord. No. 2024-1178, § 1, 3-12-24; Ord. No. 2025-1190, § 9, 9-23-25)

In accordance with Government Code Section 54972, the city clerk must maintain an accurate roster of all regular and on-going city advisory bodies which are appointed by the city council. The roster is to list the qualifications for appointment, state that all appointments serve at the pleasure of the city council, and for each appointive position, the name of the current appointee, the date of their appointment, and the period of appointment applicable to their office.

(Ord. No. 2017-1116, § 1, 2-14-17; Ord. No. 2024-1178, § 1, 3-12-24)

City advisory bodies may not create subsidiary legislative bodies unless specifically authorized by the city council.

(Ord. No. 2017-1116, § 1, 2-14-17; Ord. No. 2024-1178, § 1, 3-12-24)