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SR 01-11-2022 3H City Council Report City Council Meeting: January 11, 2022 Agenda Item: 3.H 1 of 2 To: Mayor and City Council From: Denise Anderson-Warren, City Clerk, Records and Election Services Department Subject: Adoption of a Resolution Amending the Policies for Board and Commission Recommended Action Staff recommends that the City Council adopt a resolution amending the Policies for City Boards, Commissions, Committees, Task Forces, and Regional Advisory Boards to include the approved recommendations from the ad hoc committee for boards and commissions on December 14, 2021, and repealing Resolution No. 11338 (CCS). Discussion At the December 14, 2021 Council meeting, City Council approved certain recommendations of the Council Ad Hoc committee for Boards and Commissions for policy and procedural changes and updates to the boards and commissions program (Exhibit A). City Council directed staff to return with a resolution and ordinance(s) implementing these changes. Staff now recommends that Council adopt a resolution repealing Resolution No. 11383 governing boards, commissions, committees, and task forces to incorporate the approved recommendations as follows: • Implement Council liaisons. Council liaisons will be limited to serving on a maximum of two commissions per year. Meeting attendance is not required, but the liaisons will serve as an advisor to the commission and be available to the chair as needed. No Council liaisons will be appointed to boards and commissions with quasi-judicial functions, including the Planning Commission, Landmarks Commission, the Architectural Review Board, and the Personnel Board. 3.H Packet Pg. 117 2 of 2 • The Clean Beaches and Ocean Parcel Tax Oversight Committee, Metropolitan Water District and LA County Vector Control will now have term limits (4-year appointments with a limit of two terms). The current MWD and Vector Control members will term out when their current term ends. • The limitation of members serving on more than one board or commission does not apply to members of advisory committees. Advisory committees are subcommittees established by a board or commission to specifically focus on smaller areas of interest under the purview of the board or commission. Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. Prepared By: Nikima Newsome, Assistant City Clerk Approved Forwarded to Council Attachments: A. Boards and Commissions Resolution 3.H Packet Pg. 118 City Council Meeting: January 11, 2022 Santa Monica, California RESOLUTION NUMBER _____ (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 1133883 (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 3.H.a Packet Pg. 119 Attachment: Boards and Commissions Resolution (4892 : Adopt Amendments to Board and Commission Resolution) 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 3.H.a Packet Pg. 120 Attachment: Boards and Commissions Resolution (4892 : Adopt Amendments to Board and Commission Resolution) 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: 3.H.a Packet Pg. 121 Attachment: Boards and Commissions Resolution (4892 : Adopt Amendments to Board and Commission Resolution) 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. Effective upon adoption of this Resolution, a 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 3.H.a Packet Pg. 122 Attachment: Boards and Commissions Resolution (4892 : Adopt Amendments to Board and Commission Resolution) 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, and task forces, except tenant members of the Housing Commission and members of the Clean Beaches & Ocean Parcel Tax Citizens Oversight Committee, Santa Monica Pier Corporation, Santa Monica Travel and Tourism, Downtown Santa Monica, Inc., 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 the Clean Beaches & Ocean Parcel Committee and 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, 3.H.a Packet Pg. 123 Attachment: Boards and Commissions Resolution (4892 : Adopt Amendments to Board and Commission Resolution) commissions, and committees that have specific qualifications, such as professional standing or expertise. 3. After serving the maximum number of consecutive terms allowed, a 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.____ shall serve the remainder of their term but shall be ineligible to serve any subsequent term. 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. 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 3.H.a Packet Pg. 124 Attachment: Boards and Commissions Resolution (4892 : Adopt Amendments to Board and Commission Resolution) District as of the date of adoption of Resolution No. ____ shall serve the remainder of their term but shall be ineligible to serve any subsequent term. may serve for an indefinite number of four-year terms. SECTION 3. Membership on One Board, Commission, Committee, or Task Force. No person shall serve simultaneously on more than one 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 3.H.a Packet Pg. 125 Attachment: Boards and Commissions Resolution (4892 : Adopt Amendments to Board and Commission Resolution) 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, 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. 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. 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, 3.H.a Packet Pg. 126 Attachment: Boards and Commissions Resolution (4892 : Adopt Amendments to Board and Commission Resolution) 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. Conduct of Meetings and Drafting of Agendas and Minutes. The Rules of Order and the Procedures for the Conduct of the City Council meetings (Resolution No. 11360 (CCS)), 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. SECTION 10. 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 3.H.a Packet Pg. 127 Attachment: Boards and Commissions Resolution (4892 : Adopt Amendments to Board and Commission Resolution) 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 3.H.a Packet Pg. 128 Attachment: Boards and Commissions Resolution (4892 : Adopt Amendments to Board and Commission Resolution) 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. SECTION 11. 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 12. 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 13. Other Trainings The City Clerk in conjunction with the City Attorney shall develop and implement 3.H.a Packet Pg. 129 Attachment: Boards and Commissions Resolution (4892 : Adopt Amendments to Board and Commission Resolution) 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, but no later than within 90 days off being appointed. SECTION 14. 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 14SECTION 15. Resolution Number 1133883 (CCS) is repealed in its entirety. SECTION 15 SECTION 16. 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: ________________________ JOSEPH P. LAWRENCE Interim City Attorney 3.H.a Packet Pg. 130 Attachment: Boards and Commissions Resolution (4892 : Adopt Amendments to Board and Commission Resolution) 3.H.a Packet Pg. 131 Attachment: Boards and Commissions Resolution (4892 : Adopt Amendments to Board and Commission Resolution)