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HomeMy Public PortalAbout13) 9A Disband Ad Hoc CommitteesCity Council August 20, 2013 Page 2 of 3 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 Page 3 of 3 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: None