HomeMy Public PortalAbout9A Disband Ad Hoc Committees over 6 monthsCity Council
April17, 2012
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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
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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