CHAPTER 1. COMMISSIONS Revised 11/24

Article 1. General Provisions

2-1.101 Scope of Article.

Except as otherwise provided by State law, the provisions of this article shall govern the commissions of the City. (§1, Ord. 2106, eff. 1/6/12)

2-1.102 Compensation.

All members of commissions shall serve without compensation. (§1, Ord. 2106, eff. 1/6/12)

2-1.103 Membership.

(a) The term "commissioner" herein refers to adult individuals appointed by the City Council to serve on City commissions. The City Council shall appoint all commissioners, who shall serve by, and at the will of, the City Council.

(b) The term "student commissioner" herein refers to individuals who are both between the ages of twelve (12) and nineteen (19) and students in grades nine (9) through twelve (12), and are appointed by staff to serve in student commissioner seats on City commissions.

(c) The term "commission member" or "member" herein refers to both commissioners and student commissioners. (§1, Ord. 2106, eff. 1/6/12; §2, Ord. 2242, eff. 9/7/24)

2-1.104 Removal from Office.

(a) The City Council may remove any commissioners during the commissioner's term of office.

(b) Staff or the City Council may remove any student commissioner during the student commissioner's term of office. (§1, Ord. 2106, eff. 1/6/12; §2, Ord. 2242, eff. 9/7/24)

2-1.105 Qualifications.

(a) All commissioners shall be registered voters and, unless specified otherwise, registered voters within the City.

(b) All student commissioners shall be between the ages of twelve (12) and nineteen (19) years old and in grades nine (9) through twelve (12). All student commissioners shall be residents of the City of Walnut Creek.

(c) All commissioners shall also be residents of the City of Walnut Creek unless the enacting City resolution or ordinance allows nonresident membership, or the member is required, by Federal or State law or the City resolution or ordinance establishing the commission, to represent a specified organization, agency, group, category or profession. When a commissioner ceases to be a resident of Walnut Creek by permanently moving from the City, the commissioner shall immediately report such move to the City Clerk and the commissioner's position shall become vacant effective on the date of the move. Such vacancy shall be filled in the same manner as the original appointment consistent with the requirements of this chapter.

(d) Notwithstanding subsection (a) of this section, the City Council may permit a commissioner who temporarily relocates from the City during the commissioner's term to complete all or a portion of the term; provided, that the member has reported their temporary relocation to the City Clerk within thirty (30) days of their relocation.

(e) No Council member, officer, or employee of the City of Walnut Creek may simultaneously serve on a commission. No commissioner or student commissioner may simultaneously serve on another commission or advisory body. (§1, Ord. 2106, eff. 1/6/12; §2, Ord. 2197, eff. 10/3/19; §2, Ord. 2242, eff. 9/7/24)

2-1.106 Terms.

(a) All commissioner terms shall be for four (4) years. If a commissioner is appointed to an unexpired term, and over fifty percent (50%) of the term remains, the appointment shall be considered a first full term. If less than fifty percent (50%) of the term remains, then that appointment shall not be considered a full term and the commissioner is eligible for a subsequent appointment to a first full term.

(b) No commissioner shall serve for more than two (2) consecutive terms on a single commission, except as provided herein.

(c) For the purpose of determining term limits under subsection (b) of this section, if a commissioner is appointed to an unexpired term and less than fifty percent (50%) of the term remains, the initial partial term shall not be counted towards the two (2) term limit.

(d) Notwithstanding subsection (b) of this section, the City Council may reappoint a commissioner if the City Council determines all of the following:

1. The commissioner has submitted an application for an additional term;

2. The City Council determines reappointing the commissioner who served two (2) consecutive terms preceding the vacancy is in the best interests of the City.

(e) For the purposes of subsection (d) of this section, considerations for the best interests of the City may include, but are not limited to, specific experience and qualifications related to the commission, or the City’s desire to maintain institutional memory and historic knowledge of the commission in light of significant turnover on that commission.

(f) All student commissioner terms shall be for two (2) years. If a student commissioner is appointed to an unexpired term, and over fifty percent (50%) of the term remains, the appointment shall be considered a first full term. If less than fifty percent (50%) of the term remains, then that appointment shall not be considered a full term and the student commissioner is eligible for a subsequent appointment to a first full term.

(g) No student commissioner shall serve more than one (1) consecutive term. No student commissioner shall serve on more than one (1) commission identified in this chapter. No student commissioner shall concurrently serve on the Youth Leadership Commission.

(h) For the purpose of determining term limits under subsection (g) of this section, if a student commissioner is appointed to an unexpired term and less than fifty percent (50%) of the term remains, the initial partial term shall not be counted towards the single two (2) year term limit.

(i) Nothing in this section shall limit the City Council's ability to make appointments or reappointments for an adjusted term period to maintain a staggered term structure. (§1, Ord. 2106, eff. 1/6/12; §2, Ord. 2197, eff. 10/3/19; §2, Ord. 2242, eff. 9/7/24)

2-1.107 Scheduled Recruitment.

(a) Biennially, in even-numbered years, the City Council shall conduct recruitments for scheduled commissioner vacancies. Following each biennial recruitment, the City Council will create a list of eligible commissioner candidates. The list will be maintained by the City Clerk.

For the purposes of this section, eligible commissioner candidates are those whom the City Council has determined to be qualified for appointment to a position on the commission at the time the candidate is added to the eligibility list. Criteria for such qualification may include, but are not limited to, expertise or in-depth knowledge in the subject matter of a commission; demonstrated leadership and commitment to public service; previous experience in serving on Walnut Creek commissions including the candidate's commitment and attendance during the previous term; and prior experience serving on any commission or similar institution.

(b) Biennially, in even-numbered years, staff shall conduct citywide recruitments for scheduled student commissioner vacancies, with input from the Youth Leadership Commission. Following each youth recruitment, staff will create a list of eligible student commissioner candidates. The list will be maintained by the City Manager's Office.

For the purposes of this section, eligible student commissioner candidates are those whom staff has determined to be qualified for appointment to a position on the commission at the time the candidate is added to the eligibility list. These candidates do not include members currently serving on the Youth Leadership Commission. (§1, Ord. 2106, eff. 1/6/12; §2, Ord. 2197, eff. 10/3/19; §2, Ord. 2242, eff. 9/7/24)

2-1.108 Unscheduled Vacancies.

(a) Any unscheduled vacancy for a commissioner may be filled by the City Council either from the established eligibility list pursuant to Section 2-1.107(a) or by open recruitment.

(b) Any unscheduled vacancy for a student commissioner may be filled by staff appointment either from the established eligibility list pursuant to Section 2-1.107(b) or by open recruitment. (§1, Ord. 2106, eff. 1/6/12; §2, Ord. 2197, eff. 10/3/19; §2, Ord. 2242, eff. 9/7/24)

2-1.109. Student Commissioner Voting.

Student commissioners shall have a preferential vote. The preferential vote shall be cast before the official vote of the commission and shall be recorded in the minutes but does not count towards the final numerical outcome of the vote. (§2, Ord. 2242, eff. 9/7/24)

2-1.110 Prohibition.

On appointment to a commission, neither the commissioner, nor a business entity controlled by such commissioner, may submit a bid or proposal for any contract or agreement with the City of Walnut Creek calling for the professional services of the commissioner or the commissioner's business entity, and no such contract or agreement shall be entered into by a commissioner or a business entity controlled by a commissioner. The term "business entity" shall have the meaning ascribed to it by the Political Reform Act of 1974. A business entity is "controlled by" a commissioner if the business entity is a sole proprietorship owned by the commissioner, if the business entity is a partnership in which the commissioner is a general partner, or if the business entity is a corporation in which the commissioner owns an equity interest of fifty-one percent (51%) or more. (§1, Ord. 2106, eff. 1/6/12; §2, Ord. 2242, eff. 9/7/24. Formerly 2-1.109)

Article 2. Arts Commission

2-1.201 Purpose.

The Arts Commission is established to advise the City Council on facilities, programs and policies that enhance the artistic, aesthetic, and cultural quality of life in the City and contribute to the economic vitality of the City. The Arts Commission guides implementation of the public art program and Public Art Master Plan. (§1, Ord. 2106, eff. 1/6/12)

2-1.202 Membership.

The Arts Commission shall be comprised of five (5) commissioners and one (1) student commissioner for a total of six (6) members. Two (2) of the commissioners should have experience as a public artist or a public art professional or have familiarity with and knowledge of public art.

All commissioner appointees will have demonstrated through community service or business experiences a strong commitment to and knowledge of the artistic, aesthetic, and cultural quality of life in Walnut Creek, and will appreciate the role the arts can play in the cultural development and economic vitality of the community.

A minimum of three (3) commissioner appointees must be residents of the City of Walnut Creek. (§1, Ord. 2106, eff. 1/6/12; §2, Ord. 2242, eff. 9/7/24)

2-1.203 Meetings.

Regular meetings will occur as provided in the Commission Rules and Regulations. (§1, Ord. 2106, eff. 1/6/12)

2-1.204 Duties.

The Arts Commission shall have the following duties:

(a) To review and recommend to the City Council proposed changes to arts program fee ranges in the City's fees and charges schedule.

(b) To prepare, adopt, and recommend to the City Council standards and policies for art facilities, art programs, and other related matters.

(c) To provide oversight for the City's public art program pursuant to the Public Art Ordinance and the Public Art Master Plan, including:

1. To review and approve, when appropriate, the installation of public art on private development including the artist, and artwork, and its scale and location for all public art projects pursuant to Chapter 10 of Title 10.

2. To establish a selection panel to recommend to the Arts Commission for approval the artists, art, and sites for municipal public art projects pursuant to the Public Art Master Plan.

3. To identify and recommend public art projects to be funded by the public art fund pursuant to Chapter 10 of Title 10.

4. To periodically review and recommend to the City Council updates to the City's Public Art Master Plan.

(d) To develop a strategic vision for culture and the arts in Walnut Creek.

(e) To advise staff on performing and visual arts and arts education trends.

(f) To perform such other duties as may be required by the City Council or the municipal code. (§1, Ord. 2106, eff. 1/6/12; §1, Ord. 2153, eff. 7/8/16)

Article 3. Park, Recreation and Open Space Commission (PROS)

2-1.301 Purpose.

The Park, Recreation and Open Space Commission is established to advise the City Council on the general direction and emphasis of park, recreation, creek, trail and open space needs, facilities and programs. (§1, Ord. 2106, eff. 1/6/12)

2-1.302 Membership.

The Park, Recreation and Open Space Commission shall be comprised of five (5) commissioners and one (1) student commissioner for a total of six (6) members.

A commission appointee will have demonstrated a strong commitment to, and interest in, the City's parks, recreation programs, and/or the open space and will appreciate the role of advising on these matters. (§1, Ord. 2106, eff. 1/6/12; §2, Ord. 2242, eff. 9/7/24)

2-1.303 Meetings.

Regular meetings will occur as provided in the Commission Rules and Regulations. (§1, Ord. 2106, eff. 1/6/12)

2-1.304 Duties.

The Park, Recreation and Open Space Commission shall be advisory only and shall have the following duties:

(a) To act in an advisory capacity to the City Council and staff on the general direction, policies, and emphasis of park, recreation, creek, trail and open space trends and needs of the City.

(b) To review and make recommendations to the City Council on the design and plans of park, recreation, creek, trail and open space facilities.

(c) To review and recommend to the City Council proposed changes to park, recreation and open space program fee ranges in the City's fees and charges schedule.

(d) To perform such other duties as may be required by the City Council or the municipal code. (§1, Ord. 2106, eff. 1/6/12)

Article 4. Planning Commission

2-1.401 Purpose.

The Planning Commission is established to create and maintain standards and policies to ensure the orderly development of the community consistent with the City's adopted plans and in accordance with state and federal laws. (§1, Ord. 2106, eff. 1/6/12)

2-1.402 Membership.

The Planning Commission shall be comprised of seven (7) commissioners for a total of seven (7) members. (§1, Ord. 2106, eff. 1/6/12; §2, Ord. 2242, eff. 9/7/24)

2-1.403 Meetings.

Regular meetings will occur as provided in the Commission Rules and Procedures. (§1, Ord. 2106, eff. 1/6/12)

2-1.404 Duties.

The Planning Commission shall have the following duties:

(a) To prepare, review, and recommend to the City Council for its adoption a long-range, comprehensive general plan, and any amendments, to guide the future physical development and conservation of the City and its adjoining environs based on the geographic, social, economic and political characteristics of the community.

(b) To recommend for adoption by the City Council specific plans based on the general plan and drafts of such regulations, programs and legislation as may be required for the systematic execution of the general and specific plans.

(c) To recommend for adoption by the City Council a zoning ordinance.

(d) To periodically review the capital investment program of the City.

(e) To coordinate plans and programs with other city, county, regional, state and federal agencies in matters of common concern.

(f) To hear and take action on certain applications for design review approval in accordance with Section 10-2.4.1201.

(g) To perform such other duties as may be required by the City Council or by State law or the municipal code. (§1, Ord. 2106, eff. 1/6/12; §3, Ord. 2239, eff. 7/5/24)

Article 5. Design Review Commission

2-1.501 Purpose.

The Design Review Commission is established to develop and enforce design standards, policies, and practices that promote aesthetics, encourage economic vitality, and enhance the design of the City's built environment. (§1, Ord. 2106, eff. 1/6/12)

2-1.502 Membership.

The Design Review Commission shall be comprised of five (5) commissioners for a total of five (5) members. The composition of the Design Review Commission shall be as follows:

•    Three (3) registered architects, one of whom must be a registered landscape architect; and

•    Two (2) residents at large.

The architects need not be residents of the City. (§1, Ord. 2106, eff. 1/6/12; §2, Ord. 2242, eff. 9/7/24)

2-1.503 Meetings.

Regular meetings will occur as provided in the Commission Rules and Regulations. (§1, Ord. 2106, eff. 1/6/12)

2-1.504 Duties. Revised 11/24

The Design Review Commission shall have the following duties:

(a) To review and make recommendations to the Planning Commission on applications for design review pursuant to Part IV, Article 12, Design Review of Title 10.

(b) To review and take action on applications for sign permits and/or master sign programs when such applications are not included with an application for design review pursuant to Part IV, Article 12, Design Review.

(c) To recommend to the Planning Commission and City Council standards and policies for the design of buildings, signs and other structures in the City.

(d) To perform such other duties as may be required by the City Council or the municipal code. (§1, Ord. 2106, eff. 1/6/12; §3, Ord. 2239, eff. 7/5/24; §3(1), Ord. 2244, eff. 11/1/24)

Article 6. Transportation Commission

2-1.601 Purpose.

The Transportation Commission is established to advise on all issues affecting parking and transportation. (§1, Ord. 2106, eff. 1/6/12)

2-1.602 Membership.

The Transportation Commission shall be comprised of five (5) commissioners and one (1) student commissioner for a total of six (6) members. (§1, Ord. 2106, eff. 1/6/12; §2, Ord. 2242, eff. 9/7/24)

2-1.603 Meetings.

Regular meetings will occur as provided in the Commission Rules and Regulations. (§1, Ord. 2106, eff. 1/6/12)

2-1.604 Duties.

The Transportation Commission shall have the following duties:

(a) To serve as an advisory body to the Planning Commission and City Council on matters related to transportation planning, including the City's general plan, policy development, and the City's capital investment program, and major development and circulation proposals as they affect transportation policy.

(b) To serve as the City's parking authority in the development, review, and implementation of a City parking plan. This includes the review and approval of proposals to operate the City-owned on-street and off-street parking facilities to ensure consistency with the City's parking plan, including, but not limited to, parking rates, time limits, hours of operation, and the City's preferential residential permit parking program.

(c) To establish maximum taxicab fares within the City.

(d) To develop, recommend, and review a comprehensive multi-modal system of transit, bicycle and pedestrian facilities. Through June 2013, appoint members to and oversee the Bicycle Advisory Committee to advise the Transportation Commission on matters related to bicycle transportation and bicycle planning in the City. As of July 2013, assume the duties of the Bicycle Advisory Committee.

(e) To perform such other duties as may be required by the City Council or the municipal code. (§1, Ord. 2106, eff. 1/6/12; §1, Ord. 2111, eff. 9/7/12)