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Home My Public Portal About17) 9A DISBAND CONVERT ADHOCADMINISTRATIVE SERVICES DEPARTMENT DATE: November 6, 2012 MEMORANDUM TO: The Honorable City Council FROM: Jose E. Pulido, City Manager By: Eric Vail, City Attorney Peggy Kuo, City Clerk AGENDA ITEM 9.A. SUBJECT: DISBAND OR CONVERT ALL AD HOC COMMITTEES THAT ARE SIX MONTHS OLD AND DESIGNATE THEM AS STANDING COMMITTEES RECOMMENDATION: The City Council is requested to disband all ad hoc committees that have been in place for longer than six months or re -designate them as standing committees. BACKGROUND: 1. On December 1, 2009, the City Council established the Council Chambers Renovation Ad Hoc Committee and appointed Councilmembers Vizcarra and Yu to bring back a needs assessment regarding items to be replaced or refurbished in the Chambers and obtain costs for recommendation to Council. 2. On December 7, 2010, the City Council established the Public Art Advisory Group Ad Hoc Committee and appointed Councilmembers Blum and Vizcarra to report back to Council with their recommendations regarding the formation, composition and specific tasks of a public art advisory group for inclusion of public art as part of the Rosemead Boulevard Improvement Project. Councilmember Chavez replaced Councilmember Blum on June 7, 2011. 3. On December 21, 2010, the City Council established the Local Clergy Outreach Ad Hoc Committee and appointed Councilmembers Blum and Chavez to reach out to the local churches in Temple City as a way to share information about City's programs. The goal was to develop long- term relations to address varied community issues. 4. On December 21, 2010, the City Council also established the City Codes Review Ad Hoc Committee and appointed Councilmembers Chavez and Vizcarra to identify which codes need revamping and bring suggestions back to Council for consideration. Councilmember Sternquist replaced Councilmember Vizcarra on City Council November 6, 2012 Page 2 September 7, 2011. 5. On April 5, 2011, the City Council established the Budget Ad Hoc Committee and appointed Councilmembers Chavez and Yu to give input to staff regarding upcoming City Budget and financial activities. 6. On June 7, 2011, the City Council established the Commission Appointment Ad Hoc Committee and appointed Councilmembers Yu and Blum to review applications and recommend final applicants for interview 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, the City Council established the Historical Society Building Joint Use Ad Hoc Committee and appointed Mayor Chavez and Councilmember Sternquist 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, the City Council established the Community Garden Ad Hoc Committee and appointed Councilmembers Sternquist and Vizcarra to explore the possibility of having a community garden in the city. 9. On May 15, 2012, the City Council established the Citizen's Academy Ad Hoc Committee and appointed Councilmembers Blum to meet with staff on May 16 to help staff develop each sessions' curriculum and if another Councilmember becomes available, to inform Councilmember Blum. 10. On October 16, 2012, during the regular City Council meeting, the City Council continued this item to November 6, 2012 and did not make any decision regarding this item. 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 CalAth 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 City Council November 6, 2012 Page 3 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 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) 2012-2013 City Budget. City Council November 6, 2012 Page 4 ATTACHMENTS: None