Manhattan Beach Municipal Code Ch. 2.44 City Boards, Commissions and Committees

Boards and Commissions shall be permanent and shall have powers and duties as established herein or by Resolution. The Council may create by resolution special committees and commissions and such temporary Ad Hoc Committees as in its judgment are required. The Council may grant its Commissions, Boards and Committees such powers and duties as are consistent with the provisions of the general laws of the State.

All actions of the Commissions, Boards and Committees established by the City Council shall be subject to the review, modification and approval of the City Council.

The members of Commissions, Committees and Boards, shall be appointed by the Council from persons who are not elected officials of the City or employed by Manhattan Beach City government.

Members of Boards, Commissions, and Committees shall be appointed by the City Council. The Parks and Recreation Commission shall consist of seven members. The Cultural Arts Commission and Library Commission shall each consist of six members. The Planning Commission, the Parking and Public Improvements Commission and Board of Building shall consist of five members each. Membership criteria for individual Boards, Commissions, and Committees shall be separately authorized by the City Council.

(as amended by § 1, Ord. 1661, eff. Nov. 3, 1983; § 1, Ord. 1975, eff. March 16, 1998; and § 1, Ord. 17-0017, eff. September 5, 2017)

Appointment process for Commissions, Boards and Committees shall be as follows:

A. On or before December 31st of each year, City Council shall prepare and approve an appointment list of all positions on Commissions and Boards to which appointments will be made during the following year, with subject list available to the public.

B. Whenever an unscheduled vacancy occurs on a Commission, Board or Committee, a special notice is to be posted in the City Clerk's Office, and in other places as directed by the City Council within 20 days after the City receives notice of the vacancy.

C. Upon notification of the vacancy (scheduled or unscheduled) not less than five days preceding the scheduled Council meeting, subject vacancy shall be placed on the Council Agenda as notification of the vacancy. Recommended Council action will read: "Declare Vacancy or Expiration of Current Term and Appoint or Reappoint at" (the date inserted will be the date of the following council meeting).

D. Applications for a specific vacancy must be submitted to the City Clerk's Office before 5:00 p.m. on the Tuesday following the meeting of the City Council declaring said vacancy. All submitted applications shall be retained and eligible for consideration for a three year period.

E. Subject Commission, Board or Committee vacancy shall be placed on the agenda of the next regularly scheduled Council meeting, following the Council declaration of the position vacancy, with the recommendation of "Appoint or Reappoint Commission, Board or Committee Member."

F. City Council may elect to conduct public interviews for appointment to fill a vacancy on a Commission, Board or Committee, as they deem appropriate.

(as amended by § 2, Ord. 1975, eff. March 16, 1998)

Editor's note— Ord. No. 16-0004, § 1, adopted May 3, 2016, effective June 3, 2016, repealed § 2.44.050, which pertained to voting procedure.

The terms of office for members of Boards and Commissions shall be for a period of three years from June 1st through May 31st, with the exception of Park and Recreation Commissioner No. 7 which shall be for a period of one year from July 1st through June 31st.

No member of any Board or Commission, with the exception of the Board of Building Appeals, shall serve more than 72 consecutive months or until a successor is appointed and qualified. Provided however, that the completion of a term for an unscheduled vacancy, where the term is 18 months or less, should not be included in calculating the 72 month limit. However where the remaining term of the unscheduled vacancy exceeds 18 months, completion thereof shall constitute a full 36 month term for purposes of calculating the 72 month term limit.

For the purpose of term limitation, any individual who has served 72 consecutive months on a Board or Commission shall be eligible for reappointment to the same Board or Commission 24 months from the date said individual terminated service or to another Board or Commission immediately.

(as amended by § 2, Ord. 1562, eff. August 9, 1979, and § 3, Ord. 1975, eff. March 16, 1998)

The term of a member appointed to fill an unscheduled vacancy shall commence the date of appointment by the City Council for a specified term in accordance with the following:

If a vacant seat has 18 months or less remaining in its term, the new member would complete the original term and automatically be re-appointed to a three year term without further ceremony.

If a vacant seat has more than 18 months remaining in its term, the new member would complete the original term and then seek reappointment via the regular procedures for the next three year term.

(as amended by Ord. 1870, eff. April 15, 1993, and § 4, Ord. 1975, eff. March 16, 1998)

The City Council has authority, at its sole discretion, to remove any member or modify said member's term with or without just cause by a majority vote of the Council.

(as amended by § 5, Ord. 1975, eff. March 16, 1998)

A member of a Board or Commission who is absent from four Regular, Adjourned, Joint and Special meetings (two with no explanation required and two for medical emergencies) within a 12 month period shall, upon occurrence of the fourth absence, automatically vacate his or her seat on the Board or Commission. Said member may appeal forfeit of membership to the City Council.

(as amended by § 1, Ord. 1558, eff. July 5, 1979; § 6, Ord. 1975, eff. March 16, 1998, and § 1, Ord. 2113, eff. June 20, 2008)

Members shall serve without compensation but may be reimbursed for their reasonable and necessary costs and expenses incurred in connection with the performance of their duties.

The Boards, Commissions or Committees shall meet as provided for by separate resolution of the Council at such places as the Council may designate. All meetings of the Boards, Commissions or Committees shall be properly noticed and open to the public.

A special meeting may be called by the presiding officer or in his absence the alternate presiding officer on a minimum prior notice of 24 hours.

(Ord. No. 1870, Amended, 04/15/93)

Upon one year of service as the presiding officer of a Board, Commission, or Committee, or whenever a vacancy shall occur in the position of presiding officer, the alternate presiding officer of the Board, Commission or Committee shall automatically become the presiding officer and the one of its members who has served on the body the longest without being presiding officer shall become the alternate presiding officer. Any refusal to accept an office of presiding officer or alternate presiding officer shall be treated as an acceptance and immediate resignation from such office. The presiding officer of a Commission, Board or Committee shall be considered removed from the position of presiding officer upon his resignation or upon the submission of a petition signed by over one-half of the members, to the City Clerk so requesting the termination.

(Ord. No. 1870, Amended, 04/15/93)

The Board, Commission or Committee shall be limited to advising the City Council, except for the authority specifically provided to the Board, Commission or Committee by California statute or Municipal Code and shall have the responsibility for holding public meetings and performing proper analysis of assignments or designated activities pursuant to instruction by the City Council.

While the Commission may propose assignments and activities, all assignments and activities other than specific duties and responsibilities of the Commission shall be undertaken by direction of the City Council or the City Manager; all recommendations of the Commission shall be undertaken by direction of the City Council or City Manager; all recommendations of the Commission shall be made to the City Council via the City Manager.

Agendas shall be prepared by the secretary in consultation with the presiding officer. Agendas shall be distributed to the members of the Board, Commission or Committee not less than 72 hours prior to the scheduled meeting.

(Ord. No. 1870, Amended, 04/15/93)

The Board, Commission or Committee shall cause proper records to be kept of all of their official acts and proceedings and shall make brief annual reports to the Council, in writing, signed by at least a majority of its members, within 30 days following the end of a presiding officer's term.

The originals of the proper minutes of all meetings and actions shall be kept by the City Clerk for a period as stipulated within the Government Code of the State of California. Copies shall be furnished to the City Council and other appropriate agencies or departments. Actions shall be reported to the City Council via the City Manager in resolution form whenever practicable with said resolutions reflecting the minority as well as the majority views, if any.

The Boards, Commissions or Committees shall have no power or authority to bind or obligate the City or any officer or department thereof for any money, debt, undertaking or obligation of any kind in excess of the appropriation which the Council may have made for the purposes of the Board, Commission or Committee in any fiscal year.

The City Clerk shall notify the Boards, Commissions or Committees of any matters which may be pending before the Council which may be pertinent to them and shall forward to the Boards, Commissions or Committees any and all documents, proceedings and installments which may be useful in their deliberations.

A Staff Member shall be assigned by the City Manager as a secretary of each Commission, Committee or Board and shall have no power to vote, but may participate in discussions before the Board, Commission or Committee on any subject, and shall keep record of all procedures and notify all persons concerned of findings, determinations and decisions of Board, Commission or Committee. Such member shall not be considered or counted in determining a quorum for the transaction of business.

Boards, Commissions and Committees shall establish such rules and regulations as each deems necessary for its government and for faithful performance of its duties. Roberts Rules of Order (Revised) shall govern the conduct of the meetings.

A majority of the total members of Commissions, Boards or Committees shall constitute a quorum for transaction of business.

Commissions and Boards shall be established by resolution of the City Council.

(as amended by § 3, Ord. 1562, eff. August 9, 1979, Ord. 1881, eff. July 1, 1993, § 7, Ord. 1975, eff. March 16, 1998)

Committees shall be ad hoc and shall be created by the City Council as specific needs arise.

(§ 2, Ord. 1512, eff. December 22, 1977, as amended by §§ 1, 2, Ord. 1523, eff. May 4, 1978; § 1, Ord. 1540, eff. August 31, 1978; § 1, Ord. 1541, eff. August 1, 1978; § 1, Ord. 1535, eff. August 10, 1978; § 1, Ord. 1542, eff. September 14, 1978; § 10, Ord. 1975, eff. March 16, 1998)