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sr-061212-13d (2)WER June 12, 2012 CITY CLERK'S OFFICE - MEMORANDUM To: City Council From: Councilmember McKeown Date: June 12, 2012 When the City Council in 1999 passed Resolution 9451, establishing various policies regarding boards, commissions, and regional advisory boards, we set term limits for certain of those bodies. While we wished to maximize the opportunity for participation by having board and commission membership turn over periodically, we were careful to include flexibility to address future circumstances. For instance, the Council can appoint a board or commission member to a third term, upon request, by a supermajority vote of two- thirds of the Councilmembers. It appears that flexibility was overlooked in one particular circumstance, as described in Section 1 -F of the existing resolution: F. The total number of members that may serve a third consecutive term on a board or commission at the same time is limited to no more than one -third of the membership of that board or commission. A circumstance has arisen where that lack of flexibility may impede the Council's ability to re- appoint a sitting commission member who has requested re- appointment, who fits required professional qualifications, and for whose seat there is no other qualified applicant. Therefore, I'm suggesting we amend Resolution 9451 so that section 1 -F henceforth reads: F. The total number of members that may serve a third consecutive term on a board or commission at the same time is limited to no more than one -third of the membership of that board or commission, but the Council may, by two- thirds vote, make an exception to fill seats with specific professional, expertise, or other qualifications. This action would not predetermine the appointment or reappointment of any boardmember or commissioner, a matter which would be taken up separately by this City Council. Amending Resolution 9451 would only grant the Council the flexibility for more responsive decision - making when such appointments arise. 13 -D June 12, 2012 f \atty\mum \laws\mjm \bdcom wpd City Council Meeting 10 -12 -99 Santa Monica, California RESOLUTION NUMBER 9451 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING POLICIES FOR CITY BOARDS, COMMISSIONS AND REGIONAL ADVISORY BOARDS WHEREAS, maximizing public participation in government effectuates fundamental principles of democracy, and WHEREAS, the residents of Santa Monica have a strong commitment to participating in their local government, and WHEREAS, the City's numerous boards and commissions facilitate public participation in government and thereby ensure representation of diverse viewpoints and interest, and WHEREAS, setting term limits and establishing policies for boards and commissions ensures that opportunities for participation will be maximized and that boards and commissions will function productively, and WHEREAS, the City Council desires to establish term limits and other policies in relation to participation in City boards and commissions and the conduct of board and commission meetings, 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS SECTION 1 Term Limits for Boards and Commissions The following definitions and policies shall apply to City boards and commissions, including the boards of the Pier Restoration Corporation, the Bayside District Corporation and the Santa Monica Convention and Visitors Bureau A The length of term for each City - appointed board and commission is set forth in the Municipal Code, the City Charter, or the by -laws of the board or commission B A full term is defined as serving three - fourths or more of a term, whether it is an appointment to an annual vacancy or to an unscheduled vacancy C A partial term is defined as serving less than three - fourths of a term, whether it is an appointment to an annual vacancy or to an unscheduled vacancy D All members of boards and commissions, except tenant members of the Housing Commission, are limited to serving two consecutive terms However, a third consecutive term may be served if the member makes a written request to serve a third term, or a Councilmember nominates a member to a third term, and the City Council approves the third term by a two - thirds vote Tenant members of the Housing Commission are limited to serving four consecutive two -year terms, except that a fifth or sixth two -year consecutive term may be served if the member makes a written request or a Councilmember nominates the member, and the City Council approves the fifth or sixth term by a two - thirds vote limit E Serving a partial term shall not be counted as part of the 2 or 3 consecutive term 2 F The total number of members that may serve a third consecutive term on aboard or commission at the same time is limited to no more than one -third of the membership of that board or commission F. After serving the maximum number of consecutive terms allowed, a member may not serve again on the same board or commission until four years after the member's final term has expired SECTION 2. Term Limits for Regional Advisory Boards. The following policies apply to term limits on regional advisory boards A Members of the Los Angeles County West Vector Control District shall serve an initial two year term and may serve additional terms of two or four years each at the discretion of the City Council B Members or alternates of the Cooperative Library System may serve a maximum of two two -year terms Members shall have the option to serve an additional two terms as alternates, and alternates shall have the option to serve two additional terms as members C Members of the Los Angeles County Metropolitan Water District may serve for an indefinite number of four year terms SECTION 3 Membership on One Board or Commission Only No person shall serve simultaneously on more than one board or commission, including the Pier Restoration Corporation, the Bayside District Corporation, the Santa Monica Convention and Visitors Bureau, and the regional advisory boards, with the exception of the Building and Safety Commission SECTION 4 Bi- Annual Review of Agendas and Minutes The City Clerk is hereby directed to conduct bi- annual reviews of board and commission agendas and minutes, 3 including the agendas and minutes of the Pier Restoration Corporation, the Bayside District Corporation, and the Santa Monica Convention and Visitors Bureau, and to act, as needed, to ensure that they comply with legal requirements, including the Ralph M Brown Act SECTION 5 Annual Dinner The City Clerk is directed to organize and hold an annual Board and Commission Dinner which shall serve as the annual joint meeting between the City - appointed boards and commissions, the appointees to the regional advisory boards, and the City Council SECTION 6 Written Communications to Other Entities No City - appointed board or commission shall send any official resolution or other correspondence of the board or commission on any matter of City policy to any non -City agency, board or commission unless the board or commission votes to do so and obtains the prior approval of the City Council SECTION 7 Conduct of Meetings. Resolution 8525 (CCS), as it may be amended from time to time, which sets forth the rules of order and the procedures forthe conducting of City Council meetings, is hereby incorporated and made a part of these City board and commission policies to serve as a general guideline forthe conduct of meetings of the City - appointed boards and commissions which have not adopted their own rules or bylaws SECTION 8 Attendance at Meetings The following attendance policies apply to all members of City boards and commissions, including the Pier Restoration Corporation, the Bayside District Corporation, the Santa Monica Convention and Visitors Bureau, and the regional advisory boards A An absence is defined as a failure to attend at least two- thirds of a meeting H L] B Except for the regional advisory board appointments, the City staff liaison to all boards and commissions shall report all board and commission member absences to the City Clerk C. The City Clerk shall provide the City Council with a summary of attendance by all board and commission members twice a year, or when a board or commission member has been absent from two meetings out of any six consecutive meetings SECTION 9 Resolutions Number 4626 (CCS) and 6850 (CGS) are hereby repealed in their entirety SECTION 10. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM MARSHA JONES MOUTRIE City Attorney 5 Adopted and approved this 12th of October, 1999 l Pam O'Connor, Mayor I, Maria M Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution 9451 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 12th of October, 1999, by the following vote Ayes Council members Rosenstein, McKeown, Feinstein, Bloom, Holbrook, Mayor Pro Tern Genser, Mayor O'Connor Noes Council members None Abstain Council members None Absent Council members None ATTEST Ilk Maria M Stewart, CO Clerk Reference Resolution No. 10690 (CCS)