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HomeMy Public PortalAbout9A Disband Ad Hoc Committees over 6 monthsCity Council April17, 2012 Page 2 replaced Council member Vizcarra on September 7, 2011. 5. On April 5, 2011, City Council established the Budget Ad Hoc Committee and appointed Councilmember Chavez and Yu to give input to staff regarding upcoming City Budget and financial activities. 6. On June 7, 2011, City Council established the Commission Appointment Ad Hoc Committee and appointed Councilmember Yu and Blum to review applications and recommend final applicants to be interviewed in front of full council for appointment to the City Commissions. Councilmember Chavez replaced Councilmember Yu on April 3, 2012. 7. On September 20, 2011, Council established the Historical Society Building Joint Use Ad Hoc Committee and appointed Councilmember Chavez and Sternquist to this Ad Hoc Committee to discuss the possibility of a Joint Use Agreement with the City for use of their building for senior and community uses. 8. On November 1, 2011, Council established the Community Garden Ad Hoc Committee and appointed Councilmember Sternquist and Vizcarra to explore the possibility of having a Community Garden in the City. 9. On May 15, 2012, Council established the Citizen's Academy Ad Hoc Committee and appointed Councilmember Blum to meet with staff on May 16 to help staff drive the sessions' curriculum of each Citizen's Academy sessions and if another Councilmember becomes available, to inform Councilmember Blum. 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). Whereas, 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 City Council April17, 2012 Page 3 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 nine Ad Hoc Committees. Eight of these committees (i.e., Council Chambers Renovation Ad Hoc Committee, Public Art Advisory Group Ad Hoc Committee, Local Clergy Outreach Ad Hoc Committee, City Codes Review Ad Hoc Committee, Budget Ad Hoc Committee, Commission Appointment Ad Hoc Committee, Historical Society Building Joint Use Ad Hoc Committee, Community Garden Ad Hoc Committee) are over six months old. The remaining ad hoc committee (Citizen's Academy Ad Hoc Committee) is five months old. CONCLUSION: It is recommended that the City Council consider disbanding the eight ad hoc committees that are over six months old (i.e., Council Chambers Renovation Ad Hoc Committee, Public Art Advisory Group Ad Hoc Committee, Local Clergy Outreach Ad Hoc Committee, City Codes Review Ad Hoc Committee, Budget Ad Hoc Committee, Commission Appointment Ad Hoc Committee, Historical Society Building Joint Use Ad Hoc Committee, Community Garden Ad Hoc Committee) or re-designating them as standing committees. In addition, it is recommended that the Council consider whether the Citizen's Academy Ad Hoc Committee will complete its task within the next month or whether it should be re-designated as a standing committee. FISCAL IMPACT: This item does not have an impact on the Fiscal Year (FY) 2012-130 City Budget. ATTACHMENTS: None