HomeMy WebLinkAboutStaff Report 13431
City of Palo Alto (ID # 13431)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 8/9/2021
City of Palo Alto Page 1
Summary Title: SECOND READING: Adoption of an Ordinance Establishing
Board and Commission Term Limits
Title: SECOND READING: Adoption of an Ordinance Establishing Board and
Commission Term Limits, Consolidating Appointments to April of Each Year,
and Codif ying the Human Relations Commission's Existing Role of
Recommending Grant Funding (FIRST READING: June 21, 2021 PASSED: 6 -1
Cormack no)
From: City Manager
Lead Department: City Clerk
This ordinance was first heard by the City Council on June 21, 2021 and is now back for
the second reading. There were no changes to the ordinance and it passed 6 -1 with
Council Member Cormack voting no.
Attachments:
• Attachment A: BCC Ordinance
*NOT YET APPROVED*
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Sections of Title 2
(Administrative Code) of the Palo Alto Municipal Code to Consolidate the
Appointment of Members to Boards and Commissions to April of Each Year;
Establish Term Limits to Boards and Commissions; and Codify Existing Duties of
the Human Relations Commission
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and declarations. The City Council finds and declares as follows:
A. The City has several statutory boards and commissions. See Palo Alto Municipal Code
Chapters 2.18 et seq.;
B. Existing PAMC section 2.16.070 requires that the City Council make regularly-scheduled
appointments to boards and commissions in December and May of each year. Each
board or commission is assigned to one of those months;
C. The City Council intends to consolidate all board and commission appointments occur by
the beginning of April;
D. The City Council intends to impose term limits to members of boards and commissions;
and
E. The City Council intends to codify the Human Relations Commission’s existing duties of
making grant recommendations under various grant programs.
SECTION 2. Section 2.16.070 (Schedule of appointments) of Chapter 2.16 (Boards and
Commissions Generally) of Title 2 (Administrative Code) is hereby amended as follows
(additions are in underline, deletions are in strikethrough):
2.16.070 Schedule of appointments.
(a) The City Council shall review applications to fill vacancies in the following boards and
commissions in May April of each year:
(1) Human Relations Commission (Chapter 2.22)
(2) Public Art Commission (Chapter 2.18)
(3) Utilities Advisory Commission (Chapter 2.23)
(4) Architectural Review Board (Chapter 2.21)
(5) Historic Resources Board (Chapter 2.27)
(6) Parks and Recreation Commission (Chapter 2.25)
(7) Planning and Transportation Commission (Chapter 2.20)
(b) The City Council shall review applications to fill vacancies in the following boards and
commissions in December of each year:
(1) Architectural Review Board (Chapter 2.21)
(2) Historic Resources Board (Chapter 2.27)
(3) Parks and Recreation Commission (Chapter 2.25)
*NOT YET APPROVED*
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(4) Planning and Transportation Commission (Chapter 2.20)
(cb) The City Council shall fill vacancies in all other boards and commissions in April May or
December of each year, or at another time, at its discretion.
(dc) The City Council may fill mid-term vacancies during the next regularly scheduled
recruitment for the board or commission or may hold a special recruitment, at its discretion.
Special recruitments shall be subject to the requirements of Section 2.16.060.
SECTION 3. Chapter 2.16 (Boards and Commissions Generally) is hereby amended to add new
Section 2.16.080 (Term limits) as follows:
2.16.080 Term limits.
Effective January 1, 2022, no person may serve more than three consecutive terms of office as
a member of the same board or commission. This section shall apply to the boards and
commissions listed in section 2.16.070(a), except for the Planning and Transportation
Commission, in which no person may serve more than two consecutive terms of office as a
member of the same board or commission.
(a) For the purposes of this section, a member will be considered to have served a term of
office if he or she serves more than half of a standard term. For boards and commissions
with three-year terms, half of the term shall be 18 months. For boards and commissions
with four-year terms, half of the term shall be two years.
(b) A member’s service that began on or before January 1, 2022 shall count under the
provisions of this section only for those members who served for at least one day on a
board or commission between January 1, 2021 and January 1, 2022. Notwithstanding
the previous sentence, members of boards and commissions serving as of January 1,
2022 shall be permitted to complete their term.
(c) A member who has served three consecutive terms of office (or two consecutive terms
of office for the Planning and Transportation Commission) may remain as a member of
the same board or commission for up to six months past the end of the term if no
replacement is appointed or until a replacement is appointed, whichever comes first.
(d) A member who has served three consecutive terms of office (or two consecutive terms
of office for the Planning and Transportation Commission) shall not be appointed to the
same board or commission within one year of the last date of service.
SECTION 4. Section 2.18.040 (Term of office) of Chapter 2.18 (Public Art Commission) is hereby
amended as follows:
2.18.040 Term of office.
Terms of office on the Public Art Commission shall be three years. Commission appointments
shall be staggered so that three (3) members are appointed in 2018 and every three years
thereafter, and four (4) members are appointed in 2017 and every three years thereafter.
Effective January 1, 2016, terms of office due to expire on April 30 of each year shall be
extended to expire on May 31 of the same year, and thereafter terms Terms of office shall
commence on the first day of June. Effective January 1, 2022, terms of office due to expire on
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May 31 of each year shall be extended to expire on the March 31 of the following year, and
thereafter terms of office shall commence on April 1. If a successor is unavailable, a member
may remain in office until his or her successor is appointed, subject to the limits in section
2.16.080.
SECTION 5. Section 2.20.020 (Term of office) of Chapter 2.20 (Planning and Transportation
Commission) is hereby amended as follows:
2.20.020 Term of office.
Terms of office on the Planning and Transportation Commission shall be four years. Effective
January 1, 2016, terms of office due to expire on October 31 of each year shall be extended to
expire on December 15 of the same year, and thereafter terms of office shall commence on the
sixteenth day of December Effective January 1, 2022, terms of office due to expire on
December 15 of each year shall be extended to expire on March 31 of the following year, and
thereafter terms of office shall commence on April 1. If a successor is unavailable, a member
may remain in office until his or her successor is appointed., subject to the limits in section
2.16.080.
SECTION 6. Section 2.21.025 (Term of office) of Chapter 2.21 (Architectural Review Board) is
hereby amended as follows:
2.21.025 Term of office.
Terms of office on the Architectural Review Board shall be three years. Effective January 1,
2016, the terms of office due to expire on October 31 of each year shall be extended to expire
on December 15 of the same year, and thereafter terms of office shall commence on the
sixteenth day of December. Effective January 1, 2022, terms of office due to expire on
December 15 of each year shall be extended to expire on March 31 of the following year, and
thereafter terms of office shall commence on April 1. If a successor is unavailable, a member
may remain in office until his or her successor is appointed., subject to the limits in section
2.16.080.
SECTION 7. Section 2.22.020 (Term of office) of Chapter 2.22 (Human Relations Commission) is
hereby amended as follows:
2.22.020 Term of office.
Terms of office on the Human Relations Commission shall be three years. Effective January 1,
2016, terms of office due to expire on April 30 of each year shall be extended to expire on May
31 of the same year, and thereafter termsTerms of office shall commence on the first day of
June. Effective January 1, 2022, terms of office due to expire on May 31 of each year shall be
extended to expire on the March 31 of the following year, and thereafter terms of office shall
commence on April 1. If a successor is unavailable, a member may remain in office until his or
her successor is appointed., subject to the limits in section 2.16.080.
*NOT YET APPROVED*
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SECTION 8. Section 2.23.030 (Term of office) of Chapter 2.23 (Utilities Advisory Commission) is
hereby amended as follows:
2.23.030 Term of office.
Terms of office on the Utilities Advisory Commission shall be three years. Effective January 1,
2016, terms of office due to expire on April 30 of each year shall be extended to expire on May
31 of the same year, and thereafter termsTerms of office shall commence on the first day of
June. Effective January 1, 2022, terms of office due to expire on May 31 of each year shall be
extended to expire on the March 31 of the following year, and thereafter terms of office shall
commence on April 1. Commission appointments shall be staggered so that in each three-year
cycle, two members are appointed one year, two members are appointed the next year, and
three members are appointed the next year. If a successor is unavailable, a member may
remain in office until his or her successor is appointed., subject to the limits in section 2.16.080.
SECTION 9. Section 2.25.030 (Term of office) of Chapter 2.25 (Parks and Recreation
Commission) is hereby amended as follows:
2.25.030 Term of office.
Terms of office on the parks and recreation commission shall be three years. Commission
appointments shall be staggered so that in each three-year cycle three members are appointed
to serve during the first year, four members are appointed to serve during the second year, and
no members are appointed to serve during the third year. Effective January 1, 2016, terms of
office due to expire on October 31 of each year shall be lengthened to expire on December 15
of the same year, and thereafter terms of office shall commence on the sixteenth day of
December. Effective January 1, 2022, terms of office due to expire on December 15 of each
year shall be extended to expire on March 31 of the following year, and thereafter terms of
office shall commence on April 1. If a successor is unavailable, a member may remain in office
until his or her successor is appointed., subject to the limits in section 2.16.080.
SECTION 10. Section 2.27.020 (Term of office) of Chapter 2.27 (Historic Resources Board) is
hereby amended as follows:
2.27.020 Term of office.
Terms of office on the Historic Resources Board shall be three years. Terms shall be staggered
so that three positions are refilled one year, and four positions are refilled two years later.
Effective January 1, 2016, terms of office due to expire on October 31 of each year shall be
extended to expire on December 15 of the same year, and thereafter terms of office shall
commence on the sixteenth day of December. Effective January 1, 2022, terms of office due to
expire on December 15 of each year shall be extended to expire on March 31 of the following
year, and thereafter terms of office shall commence on April 1. If a successor is unavailable, a
member may remain in office until his or her successor is appointed., subject to the limits in
section 2.16.080.
*NOT YET APPROVED*
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SECTION 11. Section 2.22.060 (Authority) of Chapter 2.22 (Human Relations Commission) is
hereby amended to add new subsection (g) as follows:
2.22.060 Authority.
Upon making a finding pursuant to Section 2.22.050(a), the commission may act as follows:
(a) To foster public awareness and understanding of human relations problems by any
means of disseminating information including, but not limited to, educational programs and
printed and electronic media;
(b) To facilitate resolution of problems or improvement of conditions within the jurisdiction
of the commission by encouragement, persuasion and mediation and by pointing out private or
public agencies which might provide assistance;
(c) To make such studies which, in the judgment of the commission, might aid in affecting
matters within the jurisdiction of the commission;
(d) To recommend local legislation or other action to the council and to encourage the
council to support or oppose state or federal legislation or regulation relating to matters within
the jurisdiction of the commission;
(e) To coordinate programs of the commission with similar programs by private and public
agencies and organizations; and
(f) To recommend or oppose legislation other than that of the city, provided that the city
council has not taken an official position with respect to such legislation, and provided further
that any communication, whether oral or written, from the commission concerning such
legislation clearly indicates that such recommendation or opposition is that of the commission
and is not necessarily that of the city council.; and
(g) To recommend grantees under the Human Services Resource Allocation Process,
Community Development Block Grant, and Emerging Needs Fund.
SECTION 12. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the Ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 13. The Council finds that adoption of this Ordinance is exempt from the California
Environmental Quality Act as it is not a “project” within the meaning of CEQA.
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*NOT YET APPROVED*
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SECTION 14. This Ordinance shall be effective on January 1, 2022.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Deputy City Attorney City Manager
____________________________
City Clerk
____________________________
Chief Transportation Official
____________________________
Director of Community Services
____________________________
Director of Planning and Development
Services
____________________________
Director of Public Works
____________________________
Director of Utilities