Chapter 2.40 BOARDS AND COMMISSIONS

Pursuant to Section 1002 of the Santa Cruz City Charter, the council may from time to time create or establish boards and commissions, and establish the number, manner of appointment, and terms of office of the members.

(Ord. 87-10 § 1 (part), 1987).

2.40.011 NUMBER, MANNER OF APPOINTMENT AND TERMS OF OFFICE.

Unless the ordinance, or an amendment, establishing and setting forth the authority of the board or commission provides otherwise:

(a) There shall be seven members of each board or commission, each of whom shall be a qualified elector of the city;

(b) Each board or commission member shall be appointed by motion of the city council adopted by at least four affirmative votes; provided, however, that commencing in January 2023, appointments to the arts, downtown, historic preservation, parks and recreation, planning, transportation and public works and water commissions shall transition to nomination by the mayor and councilmembers elected by district, and confirmed by a least four affirmative votes, as follows:

(1) Each commissioner shall serve a term concurrently with the mayor or councilmember who nominated the commissioner; provided, that if the nominating mayor or councilmember leaves office prior to the expiration of their term, the commissioner’s term shall expire with the mayor’s or councilmember’s term and the succeeding mayor or councilmember shall nominate a new commissioner to fill the unexpired term.

(2) The seats of commission appointees whose terms expire in January 2023 will be assigned to the mayor and districts 4 and 6 on a rotating basis to the extent that three are up for appointment. If fewer than three seats are open, the first seat and the other seat(s) will be assigned on a rotating basis to the mayor and/or the district 4 and/or 6 councilmembers.

(3) The seats of commission appointees whose terms expire in January 2024 will then be assigned on a rotating basis to either the mayor and/or district 4 or 6, if they do not already have a seat assigned to them, who may nominate, if eligible, their representatives for three-year terms so that these terms correspond with the term of the nominating councilmember. Any remaining seat or seats shall be appointed by motion of the city council for one-year terms.

(4) In January 2025, the seats on commissions with members whose terms are expiring as well as any seats with members appointed for a one-year term will be assigned to districts on a rotating basis.

(5) Members of commissions whose terms do not expire until January 2026 shall be randomly assigned to the remaining districts on a rotating basis for nomination for three-year terms expiring in January 2029.

(6) If a seat occupied by a board or commission member originally appointed by motion becomes vacant, their replacement shall be filled by nomination of the councilmember(s) elected by district if they do not have a seat assigned to them, for a term expiring with the nominating councilmember’s term. If all councilmembers elected by district have a seat assigned to them, then the vacancy shall be filled by motion for a term ending January 31st of the next odd-numbered year following the effective date of the vacancy;

(c) The term of office of each board or commission member shall be four years, expiring on January 31st; provided, however, that if a replacement has not been appointed and qualified as of the January 31st expiration date, the board or commission member shall continue to serve until a successor has been appointed and qualified. If as a result of this chapter there are additional members added to any board or commission, or if the city council shall hereafter establish a new board or commission, the city council shall set the term of office at the time of appointment to the new office;

(d) If additional members must be appointed to fill the complement of a board or commission, such appointments shall be made at the earliest reasonable date;

(e) Each member of the board or commission shall be subject to removal by motion of the city council adopted by at least four affirmative votes;

(f) In considering their nominations and appointments to boards and commissions, councilmembers are strongly encouraged to support diversity, equity and inclusion of a broad range of community interests and experiences among appointees in accordance with the city’s adopted health in all policies (HiAP) ordinance and adopted workplan, including diversity in geography (council district), age, income and education level, residence status (owner, renter or unhoused), race, ethnicity, gender, and gender identity;

(g) Upon the establishment of any new board or commission comprised of seven members, the mayor and each councilmember shall nominate one person to serve as one of the initial members. The terms of office for members of any new board or commission shall be established by the city council, so that the term of each member expires in January following the expiration of the term of the mayor or councilmember who nominated them.

(Ord. 2023-02 § 1, 2023; Ord. 2003-32 § 2, 2003).

2.40.012 BYLAWS – PROCEDURES.

(a) Procedures for the conduct of the business of boards or commissions, not specified in the ordinance establishing a board’s or commission’s authority, shall be set forth in bylaws adopted by the board or commission, subject to approval of the city council.

(b) If more than one board or commission has jurisdiction over a matter, the first to consider it shall refer it to the others.

(Ord. 87-10 § 1 (part), 1987).

2.40.013 QUORUM AND VOTE.

A majority of the voting members of each board or commission shall constitute a quorum to do business. Unless otherwise specifically provided as to a particular board or commission, no act of any board or commission shall be valid unless at least a majority of the total number of voting members present at the meeting concur therein.

(Ord. 87-10 § 1 (part), 1987).

2.40.014 MEETINGS – ORGANIZATION.

As soon as practicable, following the first day of January of each year, each board and commission shall organize by electing one of its members to serve as chairperson, at the pleasure of such board or commission.

Each board or commission shall hold regular meetings in accordance with the regular meeting schedule set forth in the city council approved bylaws for that board or commission. All proceedings shall be open to the public except as provided by state law.

The mayor shall call the first meeting of each newly established board or commission, and the city manager shall designate a city employee to act as secretary to each board and commission, who shall keep a record of its proceedings and transactions.

(Ord. 2010-09 § 1, 2010: Ord. 87-10 § 1 (part), 1987).

2.40.015 Repealed by Ord. 2010-05 § 1.

2.40.020 ESTABLISHMENT OF PARKS AND RECREATION COMMISSION.

There is hereby established a commission of the city of Santa Cruz to be known as the parks and recreation commission.

(Ord. 87-10 § 1 (part), 1987).

2.40.021 POWERS AND DUTIES.

The parks and recreation commission shall have the power and be required to:

(a) Act in an advisory capacity to the city council in all matters pertaining to public recreation, including playgrounds, music and entertainment;

(b) Consider the annual budget of the parks and recreation department during its preparation and make recommendations with respect thereto to the city manager and the city council;

(c) Assist in the planning of a program for parks and recreation for the inhabitants of the city, promote and stimulate public interest therein, and to that end solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies interested therein;

(d) Accept money, personal property or real estate, donated to the city for park or recreational purposes, subject to the approval of the city council.

(Ord. 87-10 § 1 (part), 1987).

2.40.030 Repealed by Ord. 94-52 § 1.

2.40.031 Repealed by Ord. 94-52 § 1.

2.40.032 Repealed by Ord. 94-52 § 1.

2.40.040 Repealed by Ord. 88-50 § 1.

2.40.041 Repealed by Ord. 88-50 § 1.

2.40.042 Repealed by Ord. 88-50 § 1.

2.40.050 Repealed by Ord. 95-17 § 1.

2.40.051 Repealed by Ord. 95-17 § 1.

2.40.060 ESTABLISHMENT OF PLANNING COMMISSION.

There is hereby established a commission of the city of Santa Cruz to be known as the planning commission.

(Ord. 87-10 § 1 (part), 1987).

2.40.061 POWERS AND DUTIES.

The planning commission shall have the power to:

(a) After a public hearing thereon, recommend to the city council the adoption, amendment or repeal of a master plan, or any part thereof, for the physical development of the city;

(b) Exercise such control over land subdivisions as is granted to it by the governing body of the city and by the laws of the state of California;

(c) Make recommendations concerning the consistency of public works with the general plan, and for the clearance and rebuilding of blighted or substandard areas within the city;

(d) Carry out such administrative and appellate duties with reference to zoning matters as may be required by ordinance or resolution. To this end, all references in this code to the zoning board shall be construed to apply to the planning commission.

(Ord. 2002-01 § 2, 2002: Ord. 87-10 § 1 (part), 1987).

2.40.070 ESTABLISHMENT OF WATER COMMISSION.

There is hereby established a commission of the city of Santa Cruz to be known as the water commission.

(Ord. 87-10 § 1 (part), 1987).

2.40.071 QUALIFICATION OF MEMBERS.

The water commission shall be comprised of seven members. Six members of the water commission shall be qualified electors of the city, and one member of the water commission shall be a qualified elector of the county who resides outside of the city limits but within the city’s water service area. Members shall be appointed according to the procedures set forth in Section 2.40.011.

(Ord. 2003-32 § 3, 2003: Ord. 2000-08 § 1, 2000: Ord. 92-26 § 1, 1992; Ord. 87-10 § 1 (part), 1987).

2.40.072 POWERS AND DUTIES.

The water commission shall have power and be required to:

(a) Act in an advisory capacity to the city council in all matters pertaining to the Santa Cruz water system and the maintenance and management thereof;

(b) Make a study of long-range plans for securing sources of domestic water supply for the city, including re-examination of prior reports thereon to ascertain the value thereof, if any, at this time; report to the city council from time to time their conclusions and recommendations for the improvement and extension of the water system of the city, including sources, storage, transmission and distribution of water to the inhabitants, and all subjects related thereto, including estimated costs of carrying out such recommendations.

(Ord. 87-10 § 1 (part), 1987).

2.40.080 ESTABLISHMENT OF TRANSPORTATION AND PUBLIC WORKS COMMISSION.

1. There is hereby established a commission of the city of Santa Cruz to be known as the transportation and public works commission.

2. As of the effective date of Ordinance No. 2010-05, April 22, 2010, the transportation and public works commission will be comprised of eleven members, the six commissioners who currently serve on the public works commission and five members who formerly served on the transportation commission which sunset with the adoption of Ordinance No. 2010-05. Each of the former transportation commission members will serve on the transportation and public works commission for the remainder of their former current transportation commission term, at which time the transportation and public works commission will have a seven-member composition. Former transportation commission members will be eligible for re-appointment to the resulting seven-member transportation and public works commission.

(Ord. 2010-05 § 4, 2010: Ord. 87-10 § 1 (part), 1987).

2.40.081 DUTIES OF COMMISSION.

The transportation and public works commission shall generally be responsible for advising the council in matters pertaining to transportation and public works. For the purposes of this chapter, “public works” shall mean structures, utilities and appurtenances on, above or below the ground which shall have been or are to be installed, constructed or reconstructed for the use or convenience of the general public or the residents of the areas served by such works, including, but not limited to, streets, sidewalks, surface and subsurface storm drain facilities, street lighting, solid waste facilities, sanitary sewage facilities, gas, electric and telephone services, easements, and appurtenances to all of the foregoing such as signs, and such other works or projects as may be determined by the city council to be public works for purposes of this chapter; but not including those facilities, projects or activities specifically assigned by ordinance to another commission, or council subcommittee. The commission’s duties shall include, but not be limited to, the following:

(a) To act as the advisory commission to the city council for planning, design, installation and maintenance of public works;

(b) To review and make recommendations to the city council concerning the capital improvement program;

(c) To review, monitor and make long-range recommendations concerning the construction, reconstruction, operation and maintenance of public works;

(d) To consider the annual budget of the public works department during its preparation and make recommendations with respect thereto to the city council;

(e) To receive complaints pertaining to traffic and transportation patterns;

(f) To review, monitor and suggest recommendations for city transportation matters including, but not limited to, automotive, rail, bicycle, and pedestrian traffic within the city;

(g) To review additional transportation matters such as transportation system management, travel demand management and other related issues;

(h) To review and suggest recommendations for placement and enforcement of warning, regulatory and guide signs on city streets;

(i) To make recommendations regarding the allocation of funds for capital expenditures related to roadway and transportation improvements; and

(j) To perform other duties as may from time to time be prescribed by the city council.

(Ord. 2010-05 § 5, 2010: Ord. 87-10 § 1 (part), 1987).

2.40.090 ESTABLISHMENT OF ARTS COMMISSION.

There is hereby established a commission of the city of Santa Cruz to be known as the arts commission. A minimum of five commissioners shall be qualified electors of the city. A maximum of two commissioners may be non-residents of the city; provided, that the nonresident commissioners either work in the city or conduct business in the city. Nonresidents must work in one of the following vocations: artist, designer, arts entrepreneur, landscape architect, arts educator, arts administrator, architect, planner.

(Ord. 2009-07 § 1, 2009: Ord. 87-10 § 1 (part), 1987).

2.40.091 DEFINITION OF ART.

“Art” means, in connection with the duties of the arts commission, any activity or thing which appeals to a human aesthetic sense, such as painting, sculpture, dance, and music. The field of art is intended to embrace a broad category of concepts, activities and things.

(Ord. 87-10 § 1 (part), 1987).

2.40.092 POWERS AND DUTIES.

By prescribing the following duties and functions of the arts commission, it is not the intent of the city council to duplicate or overlap the functions, duties or responsibilities heretofore or hereafter assigned to any other board or commission, to a city department, or of any state or federal agency. As to such functions or responsibilities hereinafter set forth which are partially or wholly the responsibility of another board or commission or of a department of the city, the commission will render assistance or advice to such board, commission or department as may be requested.

The arts commission shall have power and be required to:

(a) Advise the city council in regard to the allocation of public funds for the support and encouragement of existing and new programs in the arts, and for the acquisition by purchase, gift or otherwise, of works of art;

(b) Subject to council approval, to initiate, sponsor or direct special programs which will enhance the cultural climate of the city;

(c) Establish close liaison with other commissions and civic organizations in order to foster public interest in the arts;

(d) Advise the city council concerning the interpretation and implementation of established policies and practices of the city as they relate to the objectives of the arts commission;

(e) Perform such other functions and duties as may be directed by the city council.

(Ord. 87-10 § 1 (part), 1987).

2.40.100 ESTABLISHMENT OF DOWNTOWN COMMISSION.

There is hereby established a commission of the city of Santa Cruz to be known as the downtown commission.

(Ord. 87-10 § 1 (part), 1987).

2.40.101 MEMBERSHIP ON COMMISSION.

The members of the downtown commission shall either be qualified electors of the city of Santa Cruz or shall be qualified electors of Santa Cruz County who are proprietors or employees of commercial establishments, or members of professions with offices or businesses physically located within the boundaries of the central parking and business district or parking district no. 1. The majority of the commission shall be comprised of commissioners who are proprietors or employees of commercial establishments, or members of professions with offices or businesses physically located within the boundaries of the two districts.

(Ord. 87-10 § 1 (part), 1987).

2.40.102 POWERS AND DUTIES.

The downtown commission shall generally be responsible for advising the council in matters pertaining to the areas known as central parking and business improvement district and parking district no. 1 (districts) as they presently exist or may hereafter be modified. The commission’s duties shall include, but not be limited to, the following:

(a) To act as the advisory commission to the city council for parking district no. 1, pursuant to Section 2.28.280 of the Santa Cruz Municipal Code;

(b) To review, monitor, and make long-range recommendations concerning the construction, operation, and maintenance of publicly owned off-street parking lots and structures and on-street parking spaces within the districts;

(c) To review, monitor and make recommendations regarding traffic circulation issues, parking meter rates and limits, parking meter placement or replacement, directional sign placement, and parking lot traffic patterns in the districts;

(d) To make recommendations regarding the allocation of funds derived from revenues collected on behalf of parking district no. 1. The recommendations shall be based on allowed uses of such proceeds consistent with state and local law, and outstanding bond covenants;

(e) To monitor and consider public and private activities in the districts and recommend policies and programs to preserve, enhance, and advance the viability and attractiveness of the Pacific Garden Mall in particular, and the districts in general;

(f) To perform other duties as may from time to time be prescribed by the city council.

(Ord. 87-10 § 1 (part), 1987).

2.40.110 ESTABLISHMENT OF COMMISSION FOR PREVENTION OF VIOLENCE AGAINST WOMEN.

Pursuant to Initiative Ordinance No. 81-29, there is hereby established a commission of the city of Santa Cruz to be known as the commission for the prevention of violence against women. Each commissioner shall serve a four-year term of office beginning January 1st, after commencement of the term of office of the councilmember who nominated the commissioner; provided, that if the nominating councilmember leaves office prior to the expiration of the councilmember’s term, the commissioner’s term shall expire with the councilmember’s term and the succeeding councilmember shall nominate a new commissioner to fill the unexpired term.

(Ord. 87-11 § 1, 1987: Ord. 87-10 § 1 (part), 1987).

2.40.111 MEMBERSHIP ON COMMISSION.

Members of the commission for prevention of violence against women shall be residents of the city of Santa Cruz, and shall represent significant segments of the population affected by the provisions of Initiative Ordinance No. 81-29, including representatives of groups in the community concerned with the issues of rape and domestic violence.

(Ord. 87-10 § 1 (part), 1987).

2.40.112 POWERS AND DUTIES.

The commission for the prevention of violence against women shall have the power and be required to:

(a) Develop and present to the city council, in the form of recommendations, a comprehensive plan for the prevention of rape and domestic violence in the city of Santa Cruz in accordance with Section 4(d) of Initiative Ordinance No. 81-29;

(b) Assist in the implementation of this program and present further recommendations to the city council on an ongoing basis;

(c) Cooperate with other public and private agencies in seeking ways to carry out the purposes of Initiative Ordinance No. 81-29;

(d) Hear citizens’ complaints and recommendations about city police department service to women who have been raped and battered, to evaluate such input, and present recommendations to the city council regarding activities of the police department relating to Initiative Ordinance No. 81-29;

(e) Make recommendations to the city council regarding police training in the areas of rape and domestic violence;

(f) Consider and advise the city council on other matters relating to the purpose of Initiative Ordinance No. 81-29;

(g) Submit annually to the city council, for its review and action, a report documenting, in detail, city, community and police efforts to carry out the purposes of Initiative Ordinance No. 81-29.

In carrying out its duties the commission shall have authority to call upon members of the police department to present information which is not defined as confidential by state law. The Santa Cruz police department shall offer full and open cooperation to the commission.

(Ord. 87-10 § 1 (part), 1987).

2.40.113 COORDINATION WITH INITIATIVE ORDINANCE.

The provisions of Sections 2.40.110 through 2.40.113 are not intended to repeal the provisions of Initiative Ordinance No. 81-29, but rather to complement them.

(Ord. 87-10 § 1 (part), 1987).

2.40.120 ESTABLISHMENT OF HISTORIC PRESERVATION COMMISSION.

There is hereby established a commission of the city of Santa Cruz to be known as the historic preservation commission.

(Ord. 87-10 § 1 (part), 1987).

2.40.121 POWERS AND DUTIES.

The historic preservation commission shall have power and be required to:

(a) Draft and recommend measures to implement the historic preservation plan, including an historic preservation ordinance, to the city council;

(b) Perform such other administrative and advisory functions as may from time to time be delegated to the commission by ordinance or resolution.

(Ord. 87-10 § 1 (part), 1987).

2.40.130 Repealed by Ord. 2010-05 § 2.

2.40.131 Repealed by Ord. 2010-05 § 3.

2.40.140 Repealed by 2002-01.

2.40.141 Repealed by 2002-01.

2.40.142 Repealed by 2002-01.

2.40.143 Repealed by Ord. 94-18 § 1.

2.40.144 Repealed by Ord. 94-18 § 1.

2.40.145 Repealed by Ord. 94-18 § 1.

2.40.146 Repealed by Ord. 94-18 § 1.

2.40.147 Repealed by Ord. 94-18 § 1.

2.40.150 ESTABLISHMENT OF INDUSTRIAL DEVELOPMENT AUTHORITY.

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 Santa Cruz” and be authorized to transact business and exercise all of the powers and other authority conferred upon industrial development authorities by such act.

(Ord. 92-32 § 1, 1992).

* Editor’s Note: The act, referred to herein, refers to the California Industrial Development Financing Act, Title 10 (commencing with Section 91500), Government Code.

2.40.151 BOARD OF DIRECTORS.

This city council hereby further declares itself to be the board of directors of such industrial development authority, and all the rights, powers, privileges, duties, liabilities, disabilities and immunities vested in such a board under the act shall be vested in this city council as such board.

(Ord. 92-32 § 2, 1992).