HomeMy Public PortalAbout13) 9A Disband Ad Hoc CommitteesCity Council
August 20, 2013
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ANALYSIS:
There are two types of advisory committees in which Council can establish to give input
to staff relating to City business matters. An "advisory committee" (i.e., a committee
composed solely of the members of the legislative body which are less than a quorum
of the members of the legislative body) that has a continuing subject matter jurisdiction
is a standing committee, whereas an advisory committee without a continuing subject
matter jurisdiction is an ad hoc committee. Ad hoc committees are exempt from the
Brown Act's meeting notice and agenda requirements. (Gov. Code § 54952(b);
Freedom Newspapers, Inc. v. Orange County Employees Retirement System Board of
Directors (1993) 6 Cal.4th 821). However, standing committees must comply with the
Brown Act's requirements for meeting notice and agendas, must be open to the public,
and the public must be allowed to comment during the meeting.
Ad hoc committees are intended to accomplish a specific task in a relatively short period
of time. Ad hoc committees are not suitable for project management or program
development as these tasks typically involve a significant period of time and require the
committee to confront a variety of different issues, questions and tasks. These tasks
are more suitable to a standing committee.
The longer an ad hoc committee is in place, the more it becomes questionable whether
it is a standing committee or an ad hoc committee. There is very little guidance
available on the length of time an ad hoc committee may be in place. However, it is
good practice that an ad hoc committee should not be in place for longer than six
months. The California Attorney General has given the following example as a proper
ad hoc committee:
"Advisory committee comprised of two city councilmembers for the
purpose of producing a report in six months on downtown traffic
congestion: This committee is an exempt advisory committee
because it is comprised solely of less than a quorum of the
members of the city council. It is not a standing committee
because it is charged with accomplishing a specific task in a short
period of time, i.e., it is a limited term ad hoc committee."
(Office of the Attorney General, Guide to the Brown Act (2003), p. 6.)
The City Council currently has five ad hoc committees. Two of these committees (i.e.,
Las Tunas Drive Streetscape and Pedestrian Improvement Ad Hoc Committee and the
Council Chambers Renovation Ad Hoc Committee) are over six months old and the
Commission Application Review Ad Hoc Committee has completed its task. The
remaining ad hoc committees (Strategic Planning Ad Hoc Committee and City Manager
Performance Goal Setting Ad Hoc Committee) are four months old.
City Council
August 20, 2013
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CONCLUSION:
It is recommended that the City Council consider disbanding the two ad hoc committees
that are over six months old (i.e., Las Tunas Drive Streetscape and Pedestrian
Improvement Ad Hoc Committee and the Council Chambers Renovation Ad Hoc
Committee) or re-designating them as standing committees. In addition, it is
recommended that the Council disband the Commission Application Review Ad Hoc
Committee as it has completed its task.
FISCAL IMPACT:
This item does not have an impact on the Fiscal Year (FY) 2013-2014 City Budget.
ATTACHMENTS:
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