HomeMy WebLinkAboutStaff Report 2409-3480CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, December 02, 2024
Council Chambers & Hybrid
5:30 PM
Agenda Item
14.FIRST READING: Adoption of an Ordinance to Move Commissioner Appointments from
April to November for the Public Art Commission (PAMC Ch. 2.18), Human Relations
Commission (Ch. 2.22), and Parks and Recreation Commission (Ch. 2.25); and Adoption
of a Resolution Moving Storm Water Management Oversight Committee Appointments
from March to November; and Extending Terms Accordingly for these Commissions;
CEQA status - not a project.
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City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: December 2, 2024
Report #:2409-3480
TITLE
FIRST READING: Adoption of an Ordinance to Move Commissioner Appointments from April to
November for the Public Art Commission (PAMC Ch. 2.18), Human Relations Commission (Ch.
2.22), and Parks and Recreation Commission (Ch. 2.25); and Adoption of a Resolution Moving
Storm Water Management Oversight Committee Appointments from March to November; and
Extending Terms Accordingly for these Commissions; CEQA status - not a project.
RECOMMENDATION
Staff recommends Council adopt an ordinance to amend Palo Alto Municipal Code to move the
appointment of members to the Public Art Commission, Human Relations Commission, and Parks
and Recreation Commission from April to November of each year and extending existing terms
accordingly; and adopt a resolution doing the same for the Storm Water Management Oversight
Committee.
BACKGROUND
On June 1, 20211, Council adopted an ordinance that consolidated the Boards and Commissions
recruitment to April of each year and established Boards, Commissions and Committees (BCC)
term limits. The primary objective was to implement a streamlined and unified recruitment
process aimed at fostering greater civic engagement within the community. By positioning this
recruitment effort as a central opportunity for residents to actively participate in municipal
activities, staff goals were to emphasize the City’s commitment to inclusivity and involvement in
local governance. The terms of sitting BCC members were extended to coincide with the new
recruitment schedule, ensuring a more efficient, single transition.
The consolidated recruitment and appointment have caused considerable time constraints on
Council’s ability to interview candidates, which has occasionally delayed appointments. At the
May 13, 2024 City Council meeting2, Council directed staff to shift the Boards and Commissions
1 City Council, June 1, 2021: Agenda Item #18;
https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports-
cmrs/year-archive/2021/id-12023.pdf
2 City Council, May 13, 2024 Action Minutes: Action Item #12:
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=43160
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recruitment process to twice a year at a time to be determined by the City Clerk, evaluate Boards
and Commissions Workplan schedule, and present back to the Council on Consent. Staff is
recommending that the Council move the Public Art Commission, Human Relations Commission,
Parks and Recreation Commission, and Storm Water Management Oversight Committee
appointments to November of each year and extend the existing terms accordingly.
3, which implemented an annual review and approval of BCC workplans. Each BCC is
required to prepare an annual workplan for Council’s review and approval. BCC workplans for FY
2025 were presented to Council batched by issue area.
ANALYSIS
3 City Boards, Commissions, and Committees Handbook
https://www.cityofpaloalto.org/files/assets/public/v/2/city-clerk/palo-alto-boards-commissions-and-committees-
handbook_final_2022.pdf
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Spring Recruitment
(Term begins April 1)
These commissions are unchanged.
Workplans presented to Council for
approval in Fall
Fall Recruitment
(Term begins November 1)
These commissions are moved from Spring
Recruitment.
Workplans presented to Council for approval in
Spring
•Architectural Review Board
•Historic Resources Board
•Planning and Transportation
Commission
•Utilities Advisory Commission
•Human Relations Commission
•Public Art Commission
•Parks and Recreation Commission
•Storm Water Management Oversight
Committee
Terms for the BCCs moving to the fall cycle will be extended to match the adopted recruitment
schedule, and will still be considered one term for the purpose of determining term limits. Those
eligible to serve another consecutive term will be unaffected by this change.
Municipal Code sections relating to the affected BCCs’ terms of office will be amended to reflect
that, effective January 1, 2025, terms expiring on March 31 each year will be extended to October
31 of the same year, with all subsequent terms beginning November 1. Similarly, the resolution
establishing the Storm Water Management Oversight Committee will be amended to extend
existing terms from March to the end of October of each year, and subsequent terms will also
begin on November 1.
Should a mid-term vacancy occur, the Council may fill it during the next regularly scheduled
recruitment or may hold a special recruitment, at its discretion.
Staff has identified timing for Board and Commission workplan joint presentations to Council in
alignment to the proposed recruitment cycle/appointment date. This allows for new members
to participate in developing workplans.
FISCAL/RESOURCE IMPACT
There are no fiscal impacts associated with this action.
STAKEHOLDER ENGAGEMENT
Staff in multiple departments including the City Manager’s Office, City Clerk’s Office, Planning &
Development Services, Community Services, and Utilities Departments collaborated on the
proposed recruitment changes.
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ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
NOT YET APPROVED Attachment A
118_20241018_ts24 1
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 Move the Appointment
of Members to the Public Art Commission, Human Relations Commission, and
Parks and Recreation Commission to November of Each Year and Extending
Existing Terms Accordingly
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 April of each year;
C. The City Council intends to move the appointment process to November for three
commissions: the Public Art Commission, the Human Relations Commission, and the
Parks and Recreation Commission; and
D. The City Council intends that the extensions of terms made in this ordinance are in
addition to those made in Ordinance 5529 that were effective January 1, 2022.
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 by April of each year:
(1) Human Relations Commission (Chapter 2.22)
(2) Public Art Commission (Chapter 2.18)
(31) Utilities Advisory Commission (Chapter 2.23)
(42) Architectural Review Board (Chapter 2.21)
(53) Historic Resources Board (Chapter 2.27)
(6) Parks and Recreation Commission (Chapter 2.25)
(74) Planning and Transportation Commission (Chapter 2.20)
(b) The City Council shall review applications to fill vacancies in the following boards and
commissions by November of each year:
(1) Public Art Commission (Chapter 2.18)
(2) Human Relations Commission (Chapter 2.22)
(3) Parks and Recreation Commission (Chapter 2.25)
NOT YET APPROVED Attachment A
118_20241018_ts24 2
(bc) The City Council shall fill vacancies in all other boards and commissions, if any, in April of
each year or at another time, at its discretion.
(cd) 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. 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. 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. Effective
January 1, 2025, terms of office due to expire on March 31 of each year shall be extended to
expire on October 31 of the same year, and thereafter terms of office shall commence on
November 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 4. 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,
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.
Effective January 1, 2025, terms of office due to expire on March 31 of each year shall be
extended to expire on October 31 of the same year, and thereafter terms of office shall
commence on November 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 2.25.030 (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, 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. Effective January 1,
2025, terms of office due to expire on March 31 of each year shall be extended to expire on
NOT YET APPROVED Attachment A
118_20241018_ts24 3
October 31 of the same year, and thereafter terms of office shall commence on November 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. A term of office extended by this Ordinance and/or Ordinance 5529 shall still be
considered one term for the purpose of determining term limits under PAMC section 2.16.080
(Term Limits).
SECTION 7. 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 8. 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 Attachment A
118_20241018_ts24 4
SECTION 9. This Ordinance shall be effective 31 days after adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
City Clerk
____________________________
Director of Community Services
*NOT YET APPROVED*
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121_20241114_ts24
Resolution No. ____
Resolution of the Council of the City of Palo Alto Amending and Restating
Resolution 9969 to Move the Recruitment Period of Committee Members of the
Storm Water Management Oversight Committee to November
R E C I T A L S
A. On November 14, 2005, the City Council adopted Resolution No. 8573,
establishing the Storm Drain Oversight Committee to review the proposed operating and capital
budget of the Storm Drainage Fund and the year-end financial report documenting the
expenditures of the Storm Drainage Fund in the previous fiscal year.
B. On August 29, 2016, the City Council adopted Resolution No. 9624, calling a Mail
Ballot Election in connection with the City’s proposed Storm Water Management Fee.
C. On October 24, 2016, the City Council adopted Resolution No. 9635, proposing a
Storm Water Management Fee to replace the Storm Drainage Fee, calling a Public Hearing for
October 24, 2016 with respect to such Fee and adopting Procedures relating to the conduct of a
Protest Hearing and Mail Ballot Election.
D. On May 1, 2017, the City Council adopted Resolution 9677, which replaced the
Storm Drain Oversight Committee with the Storm Water Management Oversight Committee.
E. On June 21, 2021, the City Council adopted Resolution 9969, which imposed term
limits on members of the Storm Water Management Oversight Committee by amending and
restating Resolution 9677. The City Council also moved the recruitment period to March from
the past practice of May appointments.
F. The City Council now intends to move the recruitment period to November to
coincide with other boards and commissions with the same recruitment period. Existing terms
will be extended to October 31. Going forward, terms will begin on November 1.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALO ALTO RESOLVES AS FOLLOWS:
SECTION 1. The Storm Drain Oversight Committee is decommissioned effective May
31, 2017.
SECTION 2. Committee Established. The City of Palo Alto Storm Water Management
Oversight Committee is hereby created to review proposed storm water management capital
improvements and operating programs to be funded from the Storm Water Management Fees
and to monitor expenditures of the fund.
*NOT YET APPROVED*
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SECTION 3. Committee Membership and Appointment. The Committee shall consist
of seven members who are selected and appointed by the City Council for a term of four years.
Committee members shall serve without compensation. Each Committee member shall be a
resident of Palo Alto, an employee of a business located in Palo Alto or an owner of real property
within the City. No member shall be a council member, officer or employee of the City. Effective
January 1, 2022, terms of office due to expire on May 31 of each year shall be extended to expire
on March 14 of the following year, and thereafter terms of office shall commence on March 15.
Effective January 1, 2025, terms of office due to expire on March 14 of each year shall be
extended to expire on October 31 of the same year, and thereafter terms of office shall
commence on November 1.
SECTION 4. Term limits. Effective January 1, 2022, no person may serve more than two
consecutive terms of office as a member of the Committee.
(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 two years within one term.
(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 the
Committee between January 1, 2021 and January 1, 2022. Notwithstanding the previous
sentence, members on Committee as of January 1, 2022 shall be permitted to complete
their term.
(c) A member who has served two consecutive terms of office may remain as a
member of the Committee 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 two consecutive terms of office shall not be appointed
to the Committee within one year of the last date of service.
SECTION 5. Committee Duties. The Committee shall discharge its oversight duties by:
(a) Meeting at least once a year to review the proposed operating and capital budgets
of the Storm Water Management Fund for the next fiscal year. The Committee
shall prepare a report documenting its findings with respect to the proposed
budget and submit the report to the Finance Committee of the City Council prior
to June 30th each year.
(b) Meeting at least once a year to review the year-end financial report documenting
the expenditures of the Storm Water Management Fund in the previous fiscal year.
The Committee shall prepare a report documenting its findings with respect to the
expenditures and submit the report to the City Council prior to May 31st each year.
SECTION 6. Meeting Procedures. The Committee shall conduct open public meetings,
duly noticed in accordance with the Ralph M. Brown Act. The Committee may establish rules and
procedures governing the conduct of its meetings.
*NOT YET APPROVED*
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SECTION 7. The City Clerk is directed to place advertisements announcing Committee
vacancies in a newspaper of general circulation in the City, two times within a two week period.
SECTION 8. This resolution supersedes Resolution 9969.
SECTION 9. This resolution shall be effective January 1, 2025.
SECTION 10. The Council finds that this is not a project under the California
Environmental Quality Act and, therefore, no environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
___________________________________ ____________________________________
City Clerk Mayor
APPROVED AS TO FORM:
___________________________________ ____________________________________
Assistant City Attorney City Manager
____________________________________
Director of Public Works