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SR 03-14-2023 11A City Council Report City Council Meeting: March 14, 2023 Agenda Item: 11.A 1 of 3 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: 1. Adopt a resolution amending the Policies for City Boards, Commissions, Committees, Task Forces, and Regional Advisory Boards, and repealing Resolution No. 11396 (CCS) and 2. Consider an attendance policy regarding board/commission members attending meetings via teleconferencing rules under the Brown Act. Summary Beginning March 1, 2023, all City of Santa Monica boards and commissions resumed in-person public meetings as a result of Governor Newsom sunsetting the COVID-19 state of emergency orders effective February 28, 2023. This creates an opportune time to review the current policies governing boards, commissions, committees, task forces, and regional advisory boards and propose amendments to provide clarification of existing practices and ensure consistency with applicable Council Rules. Discussion Amending the Policies for City Boards, Commissions, Committees, Task Forces, etc. The proposed amendments to the boards and commissions policies, attached as Exhibit A, include the following: 1. Recognition of outgoing members. 2. Method for presenting annual reports, when no Annual Dinner is budgeted. 11.A Packet Pg. 674 2 of 3 3. Establishing a policy for appointing secretaries. 4. Establishing a deadline for submittal of agendas to the City Clerk’s Office 5. Discontinuing the requirement for board and commission members to receive onboarding training within the first 90 days of their appointment. Teleconferencing Attendance Policy The COVID-19 pandemic required boards and commissions to move public meetings to a virtual platform. The state legislature adopted AB 361, which relaxed the teleconferencing rules established by the Brown Act. The sunsetting of the COVID-19 state of emergency orders means that while AB 361 will remain in effect until January 1, 2024, COVID will no longer be applicable for invoking AB 361 to permit meetings to continue to be held virtually and all public bodies will need to revert to the teleconferencing rules prescribed by the Brown Act. The state legislature has adopted AB 2449 which does allow for limited participation of members to continue to attend meetings remotely. However, unlike the Brown Act, there are strict guidelines as to the permitted reasons a member can attend a meeting remotely, attendance policies for how many meetings a member may attend remotely based on the number of regular meetings held by the body per year, and the requirement that the member must be able to participate in the meeting through both audio and visual technology. Because of the costs of upgrading City meeting facilities and the staffing required to support hybrid meetings, the City is unable to implement AB 2449 and the City’s Brown Act bodies must resume practices as they were prior to COVID-19. On February 14, 2023, the City Attorney’s Office issued a formal opinion regarding whether the City is required to provide an accommodation for a member with a disability to attend a meeting remotely under the Federal Americans with Disabilities Act. The opinion states that a pre-requisite of being a member on a public body is the ability to attend public meetings in-person and therefore the City is not required to provide such an accommodation. 11.A Packet Pg. 675 3 of 3 Staff is seeking direction from Council as to whether it is in the best interest of the City to adopt an attendance policy to limit the number of times a member can attend meetings remotely under the Brown Act since it is silent on this matter. Staff recommends Council adopt the same attendance policy as stipulated in AB 2449 to ensure consistency in policy should the City be in the position to implement hybrid meetings in the future. Under AB 2449 a member of a legislative body may not participate from a remote location for a period of more than three consecutive months, or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year. Environmental Review This is not a project for purposes of the California Environmental Quality Act. Financial Impacts and Budget Actions There are no budgetary impacts associated with this staff report. Prepared By: Nikima Newsome, Assistant City Clerk Approved Forwarded to Council Attachments: A. Exhibit A - 20230314 Board and Commission Policies Resolution B. PowerPoint Presentation 11.A Packet Pg. 676 City Council Meeting: March 14, 2023 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 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 11.A.a Packet Pg. 677 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions 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 11.A.a Packet Pg. 678 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions 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: 11.A.a Packet Pg. 679 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions 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. 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 11.A.a Packet Pg. 680 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions 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, 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 11.A.a Packet Pg. 681 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions Resolution) 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. 11.A.a Packet Pg. 682 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions Resolution) 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 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, 11.A.a Packet Pg. 683 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions Resolution) 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 11.A.a Packet Pg. 684 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions Resolution) 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 11.A.a Packet Pg. 685 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions 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 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. 11.A.a Packet Pg. 686 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions Resolution) I. The following attendance policy shall apply to members who attend meetings remotely under the rules of the Brown Act: Members may not participate from a remote location for a period of more than three consecutive months, or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year. 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 11.A.a Packet Pg. 687 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions 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. 11.A.a Packet Pg. 688 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions Resolution) 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 11.A.a Packet Pg. 689 Attachment: Exhibit A - 20230314 Board and Commission Policies Resolution [Revision 3] (5351 : Amend Board & Commissions Resolution) Amend Board & Commission Rules Tuesday, March 14, 2023 11.A.b Packet Pg. 690 Attachment: PowerPoint Presentation (5351 : Amend Board & Commissions Resolution) Recommendations 1.Adopt a resolution amending the Policies for City Boards, Commissions, Committees, Task Forces, and Regional Advisory Boards,and repealing Resolution No. 11396 (CCS) and 2.Consider an attendance policy regarding board/commission members attending meetings via teleconferencing rules under the Brown Act. 11.A.b Packet Pg. 691 Attachment: PowerPoint Presentation (5351 : Amend Board & Commissions Resolution) Amendments 1.Recognition of outgoing members. 2.Method for presenting annual reports, when no Annual Dinner is budgeted. 3.Establishing a policy for appointing secretaries. 4.Establishing a deadline for submittal of agendas to the City Clerk’s Office 5.Discontinuing the requirement for board and commission members to receive onboarding training within the first 90 days of their appointment. 11.A.b Packet Pg. 692 Attachment: PowerPoint Presentation (5351 : Amend Board & Commissions Resolution) Virtual Attendance Policy •No policy in Brown Act •Propose adopting policy in AB 2449 •No more than three consecutive months, or •20% of the regular meetings for the local agency within a calendar year, or •More than two meetings if the legislative body regularly meets fewer than 10 times per calendar year 11.A.b Packet Pg. 693 Attachment: PowerPoint Presentation (5351 : Amend Board & Commissions Resolution) Recommendations 1.Adopt a resolution amending the Policies for City Boards, Commissions, Committees, Task Forces, and Regional Advisory Boards,and repealing Resolution No. 11396 (CCS) and 2.Consider an attendance policy regarding board/commission members attending meetings via teleconferencing rules under the Brown Act. 11.A.b Packet Pg. 694 Attachment: PowerPoint Presentation (5351 : Amend Board & Commissions Resolution) Questions 11.A.b Packet Pg. 695 Attachment: PowerPoint Presentation (5351 : Amend Board & Commissions Resolution)