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R11510 City Council Meeting: March 14, 2023 Santa Monica, California RESOLUTION NUMBER 11510 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING POLICIES FOR CITY BOARDS, COMMISSIONS, COMMITTEES, TASK FORCES, AND REGIONAL ADVISORY BOARDS, AND REPEALING RESOLUTION NUMBER 11396 (CCS) 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 of Santa Monica (“City”) has established numerous boards, commissions, committees, and task forces to facilitate public participation in government and thereby ensure representation of diverse viewpoints and interest; and WHEREAS, setting term limits and establishing policies for boards, commissions, committees, and task forces ensures that opportunities for participation will be maximized and that boards, commissions, task forces and committees will function productively; and WHEREAS, the City Council (“Council”) desires to establish term limits and other policies in relation to participation in City boards, commissions, committees, and task forces and the conduct of board, commission, committee, and task force committee meetings; and DocuSign Envelope ID: 4AF74DA3-3974-4A7F-8E30-9F06FB73E172 WHEREAS, the Council intends such policies to both maximize opportunities for participation in City government and provide the flexibility to ensure that boards, commissions, committees, and task forces have the expertise and qualifications necessary to discharge their duties. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Appointments to City Boards, Commissions, Committees, and Task Forces. Except as otherwise provided by motion of the City Council, the procedure for making appointments to City boards, commissions, committees, and task forces shall be as follows: A. When a vacancy occurs, as a result of the expiration of the term of an appointment, on any City board, commission, committee, or task force, the City Clerk shall publish a notice of the vacancy at least once in The Santa Monica Daily Press, or a newspaper of general circulation, and post the notice of the vacancy on the City’s website. The City Clerk shall publish the notice of vacancy and post it on the City’s website no less than thirty (30) days before the vacancy occurs. The notice shall request that any interested party submit an application to the City Clerk. The notice shall also specify the position for which a vacancy has occurred, the term of office for the position to be filled, and a reasonable day by which interested parties must submit applications for the position. The deadline for submission of applications shall not be less than fifteen (15) days prior to the end of the term. Where the appointment is for the DocuSign Envelope ID: 4AF74DA3-3974-4A7F-8E30-9F06FB73E172 purpose of filling an unscheduled vacancy, a special vacancy notice shall be posted at City Hall and Main Library not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment shall not be made for at least 10 working days after the posting of the notice. B. Applications for board, commission, committee, and task force positions shall be made on the City’s website or in writing to the City Clerk on forms supplied by the City Clerk. Applications submitted after the deadline shall not be considered. The applications shall be public records except for the portion of the application which is specifically described as confidential. C. The City Clerk shall collect all written applications which are received by the deadline date and shall thereafter cause the matter of filing the board, commission, committee, or task force vacancy to be placed upon the City Council agenda. The City Clerk shall transmit to the City Council the information contained on all written applications which have been received prior to the deadline date. D. Boards, commissions, committees, or task forces shall not take any official action to recommend any specific appointees to the City Council, although individual members may make recommendations as individuals. E. Following consideration of the applications received for each board, commission, committee, or task force vacancy, the City Council shall make appointments in open session at a City Council meeting to fill the vacancy. F. In compliance with California Government Code Section 54972 et seq. (the Maddy Act), the City Clerk shall prepare a Local Appointments List and make available to the public. The Local Appointments List shall consist of the following: DocuSign Envelope ID: 4AF74DA3-3974-4A7F-8E30-9F06FB73E172 1) a list of all current City boards, commissions, committees, and task forces; 2) a current list of all vacancies on all City boards, commissions, committees, and task forces; 3) the terms of all current individuals serving on City boards, commissions, committees, and task forces; and, 4) the qualifications for serving on all City boards, commissions, committees, and task forces. The City Clerk shall maintain a current Local Appointments List on the City’s website. G. A person is ineligible to serve on all City boards, commissions, committees, and task forces if that person is a close family relative of a current Councilmember. The term “relative” means wife, husband, registered domestic partner, son, daughter, mother, father, brother or sister. SECTION 2. Term Limits for Boards, Commissions, Committees, and Task Forces The following definitions and policies shall apply to City boards, commissions, committees, and task forces, including the boards of the non-profit agencies, Santa Monica Pier Corporation, Downtown Santa Monica, Inc., and Santa Monica Travel and Tourism. A. The length of term for each City-appointed board, commission, committee, and task force is set forth in the Municipal Code, the City Charter, or the by-laws of the board, commission, committee, or task force. B. A full term is defined as serving three-fourths or more of a term, whether it DocuSign Envelope ID: 4AF74DA3-3974-4A7F-8E30-9F06FB73E172 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. Term Limits for Boards, Commissions, Committees, and Task Forces 1. All members of boards, commission, and committees, except tenant members of the Housing Commission and task forces, 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. Members of task forces may serve for an indefinite number of two-year terms. Term limits for directors on the Santa Monica Pier Corporation, Santa Monica Travel and Tourism, and Downtown Santa Monica, Inc., are determined by the boards’ by-laws. 2. The total number of members that may serve a third consecutive term on a board, commission, or committee at the same time is limited to no more than one-third of the membership of that board, commission, or committee but the Council may, by two-thirds vote, make an exception in order to fill positions on boards, commissions, and committees that have specific qualifications, such as professional standing or expertise. 3. After serving the maximum number of consecutive terms allowed, a DocuSign Envelope ID: 4AF74DA3-3974-4A7F-8E30-9F06FB73E172 member may not serve again on the same board, commission, committee, or task force until four years after the member’s final term has expired. 4. Members must wait at least one year after terming out of serving on a board, commission, committee, or task force before serving on a different board, commission, committee, or task force. E. Term Limits for Regional Advisory Boards. 1. Members of the Los Angeles County West Vector Control District 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. The current members of the Los Angeles County Vector Control District as of the date of adoption of Resolution No. 11396 shall serve the remainder of their term but shall be ineligible to serve any subsequent term. 2. Members of the Los Angeles County Metropolitan Water District 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. The current members of the Los Angeles County Metropolitan Water District as of the date of adoption of Resolution No. 11396 shall serve the remainder of their term but shall be ineligible to serve any subsequent term. F. Recognition of Outgoing Members. Members of boards, commissions, committees, task forces, and regional advisory bodies who leave service for reasons including terming out; not seeking re-appointment; or not securing the votes to be re-appointed, shall be recognized for their service at the first Council meeting after annual appointments take place. DocuSign Envelope ID: 4AF74DA3-3974-4A7F-8E30-9F06FB73E172 SECTION 3. Membership on One Board, Commission, Committee, or Task Force. No person shall serve simultaneously on more than one Santa Monica City Council appointed board, commission, committee, or task force, including the Santa Monica Pier Corporation, Downtown Santa Monica, Inc., Santa Monica Travel and Tourism, and the regional advisory boards. This section shall not apply to advisory boards reporting to City staff or boards, commissions, or task forces. SECTION 4. Reimbursement of Expenses. Members of boards, commissions, committees, and task forces shall be reimbursed for expenses in the amount of up to $25.00 per meeting, not to exceed the amount of $50.00 per month pursuant to the forms and administrative procedures established by the City. SECTION 5. Use of City Funds. Allocated funds are restricted to the following: Participation or sponsorship fees for local events; dues/memberships to other organizations that align with board, commission, committee, or task force goals; conferences/trainings that align with board, commission, committee, or task force goals, costs related to board, commission, committee, and task force materials, including printing of materials, postage, giveaways for events, supplies for City-sponsored events, food for City retreats, and accommodation services such as signing and closed captioning. SECTION 6. Biennial Review of Agendas and Minutes and Five-Year Comprehensive Review. The City Clerk is hereby directed to conduct biennial reviews of board, DocuSign Envelope ID: 4AF74DA3-3974-4A7F-8E30-9F06FB73E172 commission, committee, and task force agendas and minutes, including the agendas and minutes of the Santa Monica Pier Corporation, Downtown Santa Monica, Inc., and Santa Monica Travel and Tourism, and to act, as needed, to ensure that they comply with legal requirements, including the Ralph M. Brown Act, and maintain uniform content and format with the City Council’s agendas and minutes. The City Clerk is also hereby directed to conduct a comprehensive review of all advisory bodies every five years, except that no such review shall occur in an election year. SECTION 7. Annual Dinner and Presentation of Annual Reports. The City Clerk is directed to organize and hold an Annual Dinner which shall serve as the annual report to Council by the City-appointed boards, commissions, committees and task forces, and the appointees to the regional advisory boards. If the Annual Dinner is unable to be held in a given year, annual reports shall be presented during the Council meetings scheduled in the first quarter of the fiscal year. The schedule shall be at the discretion of the City Clerk. SECTION 8. Written Communications. No City-appointed board, commission, committee, or task force shall send any official resolution or other correspondence of the board, commission, committee, or task force on any matter to City policy to any non-City agency, board, commission, committee, or task force unless the board, commission, committee, or task force voted to do so and obtains prior approval of the City Council. All City-appointed board, commission, committee, and task force members are issued City emails addresses, which must be utilized for all City business. SECTION 9. Secretaries In compliance with the Brown Act and Section 1004 of the Santa Monica City DocuSign Envelope ID: 4AF74DA3-3974-4A7F-8E30-9F06FB73E172 Charter, the City Manager shall designate a City employee to act as secretary for each of the boards, commissions, and task forces, including their subcommittees, which are subject to the Brown Act, for the purpose of keeping a record of their proceedings and transactions. Ad hoc committees, or committees established for a period of no more than one year, are not required to have appointed secretaries. SECTION 10. Conduct of Meetings and Drafting of Agendas and Minutes. The Rules of Order and the Procedures for the Conduct of the City Council meetings, as may be amended from time to time, shall serve as a general guideline for the conduct of meetings of the City-appointed boards, commissions, committees, and task forces which have not adopted their own rules or bylaws. All City-appointed boards, commissions, committees, and task forces shall adopt their own rules or bylaws in accordance with the template prescribed by the City Clerk. All boards, commissions, committees, and task forces shall use the agenda and minutes templates prescribed by the City Clerk. Agendas for posting must be submitted to the City Clerk’s Office no later than 4:30 p.m. in advance of the 72 hours (for Regular meetings) or 24 hours (for Special meetings) notification deadlines under the Brown Act. Failure to do so may result in the cancellation of a meeting. SECTION 11. Attendance at Meetings. The following attendance policies apply to all members of City boards, commissions, committees, and task forces, including the Santa Monica Pier Corporation, Downtown Santa Monica, Inc., Santa Monica Travel and Tourism, and the regional advisory boards. A. An absence is defined as a failure to attend at least two-thirds of a regular or special meeting. B. An absence is considered excused when a member communicates the DocuSign Envelope ID: 4AF74DA3-3974-4A7F-8E30-9F06FB73E172 member’s absence to the Chair or staff liaison prior to the start of a regular or special meeting. C. An absence is considered unexcused when a member does not communicate that member’s absence to the Chair or staff liaison prior to the start of a regular or special meeting, or, in the event of an emergency, as soon as practicable after the emergency but in no event later than two calendar days after the start time of the meeting. D. In special circumstances, prolonged absences may be excused upon approval of the board, commission, committee, or task force, which shall then be reported by the City staff liaison to the City Clerk. E. Except for the regional advisory board appointments, City staff liaison to all boards, commissions, committees, and task forces shall report all absences to the City Clerk. F. The City Clerk shall provide the City Council with a summary of attendance for all board, commission, committee, and task force members in June and December of each year. G. For boards, commissions, committees, or task forces that meet monthly, upon the accumulation of two unexcused absences from regular meetings occurring over the course of six consecutive regular meetings, a member of a board, commission, committee, or task force automatically vacates membership on the board, commission, committee, or task force. H. Additionally, the Chair shall warn any member who has more than two excused absences from any six consecutive meetings. If another two meetings are missed, whether as the result of excused or unexcused absences, the Staff Liaison shall inform the City Clerk, who will then inform the City Council. DocuSign Envelope ID: 4AF74DA3-3974-4A7F-8E30-9F06FB73E172 SECTION 12. All boards, commissions, committees, and task forces must produce an annual workplan setting priorities for the upcoming year. Each workplan shall align with that board, commission, committee, or task force’s corresponding City department’s goals and objectives. In addition, all boards, commissions, committees, and task forces shall produce an annual one-page evaluation of their work over the preceding year. SECTION 13. Attendance at Ethics Training - Government Code Section 53235 (AB 1234). Government Code Section 53235 (AB 1234) mandates two hours of ethics training for local officials every two years. The City Clerk shall provide the City Council with a summary of attendance by City Council-appointed board, commission, committee, and task force members, including members of the Santa Monic Pier Corporation, Downtown Santa Monica, Inc., Santa Monica Travel and Tourism, and the regional advisory boards after the biennial training and before making annual appointments. All newly appointed members are required to take the mandated ethics training as soon as practicable, but no later than within 30 days of being appointed. SECTION 14. Other Trainings The City Clerk in conjunction with the City Attorney shall develop and implement onboarding training for new members and annual training for members, chairs, and vice- chairs of boards, commissions, and task forces, and shall provide City staff liaisons with training guidelines. All members are required to complete the onboarding or annual training as soon as practicable. DocuSign Envelope ID: 4AF74DA3-3974-4A7F-8E30-9F06FB73E172 SECTION 15. Council Liaisons Each Council member may serve as a liaison to no more than two boards or commissions each year. Council liaisons serve as connections between the City Council and boards and commissions, but Council liaisons are neither required to attend board and commission meetings or maintain any voting power on boards and commissions. Council members cannot serve as Council liaisons to any board or commission with quasi-judicial authority (i.e. Planning Commission, Landmarks Commission, Architectural Review Board). SECTION 16. The City Clerk will provide an annual report to inform the City Council on the aggregate demographic profile of the City’s boards, commissions, and task forces. SECTION 17. Resolution Number 11396 (CCS) is repealed in its entirety. SECTION 18. 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: ______________________________ DOUGLAS T. SLOAN City Attorney DocuSign Envelope ID: 4AF74DA3-3974-4A7F-8E30-9F06FB73E172 Adopted and approved this 14th day of March 2023. __________________________ Gleam Davis, Mayor I, Nikima Newsome, Assistant City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11510 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 14th day of March 2023, by the following vote: AYES: Councilmembers Brock, de la Torre, Parra Torosis, Zwick Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: None ATTEST: _____________________________________ Nikima Newsome, Assistant City Clerk DocuSign Envelope ID: 4AF74DA3-3974-4A7F-8E30-9F06FB73E172