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HomeMy WebLinkAboutStaff Report 3563 CITY OF PALO ALTO OFFICE OF THE CITY ATTORNEY March 4, 2013 The Honorable City Council Palo Alto, California Adoption of an Ordinance Reducing the Size of the Library Advisory Commission from Seven to Five Commissioners and Amending the Frequency of Regular Meetings to Bi-Monthly Background In July 2012, Library Advisory Commissioner Noel Bakhtian resigned from the Library Advisory Commission. After City Clerk staff were unsuccessful in recruiting a replacement commissioner, on October 22, 2012, the City Council requested a study into the viability of the Library Advisory Commission. In particular, the Council was concerned with whether the Commission was still viable given the lack of applicants and whether there were any impediments to work on the Commission. On December 3, 2012, the Library Advisory Commission submitted an informational report to the Council explaining the work that the Commission had done in the past year and explaining the continuing need for an advisory body. The Council discussed the report at its January 22, 2013 meeting. Staff explained that, in addition to the vacancy created by Commission Bakhtian’s resignation, three terms were set to expire on January 31, 2013. Staff further explained that although Section 2.24 of the Municipal Code provides that the Commission shall meet at least once quarterly, the Commission had in fact been meeting on a bi-monthly or monthly basis. The Council directed staff to draft an ordinance reducing the number of Library Advisory Commissioners from seven to five, and changing the meeting schedule provided in the Municipal Code to a bi-monthly schedule to provide applicants with a more accurate representation of the Commission’s meeting schedule. Discussion Consistent with Council’s direction, the proposed ordinance reduces the number of Library Advisory Commissioners from seven to five. The ordinance also contains a number of related changes, namely: changes to the definition of a quorum; and changes to the number of commissioners who are appointed each year to staggered terms. Although the Council also directed that the terms of the three commissioners whose terms expired on January 31, 2013 be extended by three months to allow for the recruitment process, such an extension is already Page 2 contemplated under the existing ordinance. Municipal Code section 2.24.030 currently provides: “the term of office of each library advisory commission member shall be three years or until his or her successor is appointed.” (emphasis added.) The proposed ordinance also adds language providing that terms of office shall expire on January 31 of the third year, so that the beginning and end dates of future terms remain aligned. The proposed ordinance also amends the language governing the frequency of regular meetings to read: “The library advisory commission shall establish a regular time, date and place of meeting and shall ordinarily hold meetings bi-monthly.” This language differs from the code provisions governing meetings of most other City of Palo Alto Commissions, which generally provide a minimum frequency of meetings (i.e. “the Commission shall hold at least one regular meeting per month.”). By contrast, the language in the proposed ordinance allows the Library Advisory Commission to hold a greater or lesser number of meetings as necessary. Staff recommends that the Council adopt the proposed ordinance. ATTACHMENTS:  Ordinance Re Library Commission (PDF) Department Head: Molly Stump, City Attorney NOT YET APPROVED 130211 sh 0140082 1 ORDINANCE NO. _____ Ordinance of the Council of the City of Palo Alto Amending Chapter 2.24 (Library Advisory Commission) of the Palo Alto Municipal Code to Decrease the Number of Library Advisory Commission Members from Seven to Five and Provide for Bi-Monthly Meetings The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Section 2.24.010 of Chapter 2.24 of the Palo Alto Municipal Code is hereby amended to read as follows: 2.24.010 Membership. There is created a library advisory commission composed of seven five (5) members who shall be appointed by and shall serve at the pleasure of the city council, but who shall not be councilmembers, officers or employees of the city of Palo Alto. Each member of the commission shall have a demonstrated interest in public library matters. All members of the commission shall at all times be residents of Palo Alto. All members of the commission shall take an oath of office before commencing their service on the commission. SECTION 2. Section 2.24.030 of Chapter 2.24 of the Palo Alto Municipal Code is hereby amended to read as follows: 2.24.030 Term of office. Except as hereinafter provided, the term of office of each library advisory commission member shall be three years or until his or her successor is appointed. Commencing January 1, 1999, or as soon thereafter as practicable, the initial terms of four members shall be three years, and the initial terms of three other members shall be two years, as determined by the City Council. Thereafter, the commission Commission appointments shall be staggered so that in each three-year cycle three two (2) members are appointed in 2013 and every three years thereafter, and to serve during the first year, four three (3) members are appointed in 2014 and every three years thereafter. to serve during the second year, and no members are appointed to serve during the third year. Terms of office commence on February 1 and expire on January 31 of the third year. If a successor is unavailable, a member may remain in office until his or her successor is appointed. SECTION 3. Section 2.24.040 of Chapter 2.24 of the Palo Alto Municipal Code is hereby amended to read as follows: // NOT YET APPROVED 2 130211 sh 0140082 2.24.040 Officers. Each year, at the first regular meeting of the library advisory commission, the commission shall nominate and elect one of its members as the chairperson. The chairperson shall hold office for one year and or until his or her successor is elected, unless his or her term as a member of the commission expires earlier. SECTION 4. Section 2.24.060 of Chapter 2.24 of the Palo Alto Municipal Code is hereby amended to read as follows: 2.24.060 Meetings. (a) The library advisory commission shall establish a regular time, date and place of meeting and shall ordinarily hold meetings bi-monthly at least one regular meeting per calendar quarter. (b) Four Three (3) of the seven five (5) members shall constitute a quorum. (c) The commission may establish rules and procedures governing the conduct of its meetings in accordance with Robert's Rules of Order. (d) The commission shall be subject to the Ralph M. Brown Act, California Government Code Section 54950, et seq. SECTION 5. The Council finds that the provisions of this Ordinance do not constitute a project under the California Environmental Quality Act because it can be seen with certainty that no significant environmental impact will occur as a result of the amended Ordinance. // // // // // // // // NOT YET APPROVED 3 130211 sh 0140082 SECTION 6. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ City Attorney City Manager ____________________________ Director of Administrative Services