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HomeMy WebLinkAbout11/28/2023 06. Discussion regarding consistency in board, committee and commission processes and procedure 1 .. a, ____,) BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6. For Meeting of: November 28, 2023 ITEM TITLE: Discussion regarding consistency in board, committee and commission processes and procedures SUBMITTED BY: Sara Watkins, City Attorney SUMMARY EXPLANATION: Earlier this year, the City Council adopted amendments to the Bike and Pedestrian Committee rules of procedure. This prompted a conversation regarding evaluating the consistency in other board, committee, and commission rules of procedure and policies found in the Yakima Municipal Code. Staff provides the attached memo and is available to answer questions during the Council's further discussion of boards, committees, and commissions. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D iviemo re Boards, Committees&Commissions 11/13/2023 2 ' `'ll 11 , ,,+� *�$ f f .•••b ill��i o, z. Office of the City Attorney City of Yakima MEMORANDUM November 13, 2023 TO: Honorable Mayor and Members of the City Council Robert Harrison, City Manager FROM: Sara Watkins, City Attorney SUBJECT: Boards, Committees and Commissions The City of Yakima has 18 boards, committees and commissions, 16 of which are active, where members of the public provide advice to Council, or, in some cases, make preliminary decisions or decide appeals on behalf of the City. Earlier in 2023, the City Council made changes to the Bike and Pedestrian Committee. At the time of those proposed changes, the Council asked that staff bring back information on all of the committees, boards and commissions so that the Council could discuss creating consistent rules, procedures and policies for these advisory groups. 1. The Board of Appeals The Board of Appeals is an active board of the City of Yakima, but should be treated differently, which is why I am addressing it first. This Board acts as an appeal body for building permit and code appeals from City staff decisions. The Board of Appeals also requires that its members have specific expertise in the building industry so that it can make appropriate decisions about building code issues. As such, when evaluating consistency, the Board of Appeals policies and procedures should not be changed. 2. Boards required by statute, charter, or program There are also active boards, committees and commissions that are required by statute or program. Those are: the Planning Commission; the Historic Preservation Commission; Tree City USA Board; the Civil Service Commissions; the Lodging Tax Advisory Committee; Public Facilities District Board; the DYBID; and the Yakima Housing Authority Board. 200 South Third Street,2nd Fl. I Yakima,WA 98901 P:509.575.6030 I F:509.575.6160 3 Honorable Mayor and Members of the City Council Robert Harrison, City Manager November 13, 2023 Page 2 3. Inactive Boards There are two boards that are currently inactive: the Cable Advisory Committee; and the Capital Improvements/Facilities Committee. The Cable Advisory Committee was tasked, in part, with developing a plan for maximum community involvement and utilization of the local access channel. The Capital Improvements/Facilities Committee was created to advise the Council on planning, development, and financing of City capital improvements and facilities. 4. Council-created boards, committees and commissions The remaining boards, committees and commissions (collectively referred to as "committees") are Council-created. The procedures and policies of these groups are determined by Council. The remaining groups are: Bicycle and Pedestrian Advisory Committee (YMC 1.37) Community Integration Committee (YMC 1.34) Henry Beauchamp Jr. Community Center Advisory Committee (YMC 1.39) Parks and Recreation Commission (YMC 1.35) Sustainable Yakima Committee (YMC 1.40) Yakima Arts Commission (YMC 1.36) There are some basic provisions that each committee needs to have outlined for the basic functioning of the group. a. Membership Who is qualified to serve on a committee, the number of members, and how those members are appointed is a necessary element of any committee. Bike and Pedestrian Advisory Committee 7 members 6 residents of the City, 1 of the County if they own property or a business in the City City Council appoints Appointments shall be made to ensure varied community perspectives Community Integration Committee 7 members All residents of the City 1 member is a youth member between the ages of 16 and 22 City Council appoints Appointments shall be made to ensure varied community perspectives Henry Beauchamp Jr. Community Center Advisory Committee 7 members All residents of the City City Council appoints 4 Honorable Mayor and Members of the City Council Robert Harrison, City Manager November 13, 2023 Page 3 Operator of the Center is an ex officio member of the committee Parks and Recreation Committee 9 members 2 members are youth members between the ages of 16 and 22 All residents of the City City Council appoints Director of Public Works or designee is an ex officio member of the committee Sustainable Yakima 7 members 1 member is a youth member between the ages of 16 and 22 5 members minimum shall be residents; others County residents City Council appoints Preference for expertise in climate science, engineering, and other relevant areas Yakima Arts Commission No less than 13 and no more than 15 members 2 members must be working artists 4-6 community members—at least 3 being residents of the City 1 representative from the Yakima Symphony Orchestra 1 representative from the Capitol Theatre 1 representative from the Seasons Music Festival 1 representative from the Larson Gallery 1 representative from the Yakima Valley Museum 1 representative from the dramatic arts 1 member from the Yakima City Council Professions preferred in members: visual arts, literary arts, performing arts, design City Council appoints So, as you can see, in this group of committees, the majority have 7 members; all of which are to be City residents. Two committees—Bike and Ped and Sustainable Yakima—allow for Yakima County residents. Three committees have youth members. The Yakima Arts Commission is much more specific in membership preferences and requirements due to the work that it does. Similarly, Sustainable Yakima has membership preferences. If the City Council wanted to make the committees consistent, it may wish to change the residency requirements to require all members to be residents of the City to sit on a City Committee. The Council could also add youth members to the committees that do not have them. b. Term of Office Appointees are appointed for a specific period of time—their term. The term of office in all of these committees except the Yakima Arts Commission for non-youth members is four (4) years. 5 Honorable Mayor and Members of the City Council Robert Harrison, City Manager November 13, 2023 Page 4 Youth member terms are two (2) years. The Yakima Arts Commission has three-year terms. No member shall serve for more than two three-year consecutive terms. The Municipal Code includes a section that outlines general provisions for committees, YMC 1.30.020, which sets the standard term length as four years. The standard terms do not address youth members as youth members are not placed on every committee. Each committee is consistent with the general non-youth member term, except the Arts Commission. c. Meeting Frequency Committees each hold their meetings on a regular basis, but the number of meetings per month differ among the committees. Generally, committees meet once per month. However, sometimes there is no business to address, or in other occasions committees have been tasked with something that they would like to spend additional time on and schedule extra meetings. Rather than having required monthly meetings, the City Council recently amended the Bike and Pedestrian Committee's ordinance to state that the committee"should hold, at a minimum, regular quarterly public meetings." YMC 1.37.050(b). This allows for flexibility if there is no business in front of the committee, but does not restrict the committee from holding more frequent meetings if there is work to be done. Bike and Pedestrian Committee Minimum regular quarterly meetings Community Integration Committee Monthly meetings Henry Beauchamp Community Center Committee Quarterly meetings Parks and Recreation Committee Monthly meetings Sustainable Yakima Monthly meetings Yakima Arts Commission Quarterly meetings Third Wednesday of March, June, September and November each year d. Appointment and Removal of Members The City Council, through its nominating process, appoints members to committees, except for limited circumstances where a position is filled by an outside agency with a specific interest or expertise helpful to the committee. An example of this is that one of the positions on the Bike and Pedestrian Committee is filled by the Yakima Greenway Foundation. The committees may also 6 Honorable Mayor and Members of the City Council Robert Harrison, City Manager November 13, 2023 Page 5 have ex officio members specific to their committees. An example of this is that the operator of the Henry Beauchamp Community Center has an ex officio position on the committee. Similarly, the City Council has the ability to remove any member of any committee. However, in some cases, prior to removal, the committee itself can also recommend removal. Bike and Pedestrian Committee Committee can recommend removal Failure to attend three consecutive meetings can be cause for removal City Council can remove based on recommendation or independently, by majority vote, any member of the committee Community Integration Committee Committee can recommend removal of a member to the City Council City Council can remove based on recommendation or independently, by majority vote, any member of the committee Henry Beauchamp Community Center Committee Any member can be removed by the City Council for any reason Park and Recreation Commission Commission recommends removal if a member is absent three consecutive meetings to the City Council City Council can remove upon recommendation No general removal clause Sustainable Yakima Committee can recommend removal of a member to City Council City Council can remove based on recommendation or independently, by majority vote, any member of the committee. Yakima Arts Commission Commission can recommend removal on appropriate grounds City Council can remove for any reason In all cases, the City Council has the ultimate authority to appoint and remove members. Some of the committees have more specific criteria for removal, specifically with regards to attendance. None of the committees have a section that states clearly that attendance is mandatory and that failure to attend will result in removal. If the City Council wishes to make attendance expectations clear, I would suggest adding a section to each committee ordinance that addresses attendance expectations. Such a section would create consistent expectations, as well as create consistency in determining a factor in possible recommendations or decisions for removal. 7 Honorable Mayor and Members of the City Council Robert Harrison, City Manager November 13, 2023 Page 6 e. Budget None of the committees are allocated money from the City's budget. The City Council may authorize expenditures if it deems appropriate in any case, but in three committees (Community Integration, Bike and Pedestrian, and Sustainable Yakima) there is a section stating specifically that expenditures of the committee shall be limited to any appropriation by the Council. The Yakima Arts Commission has similar language, but has the authority to expend donations, as appropriate. f. Staff Support Staff support and staff roles differ among the committees. Bike and Pedestrian Committee A staff liaison is optional One may be appointed by the City Manager Provides reasonable staff assistance City Manager may require other staff to be present on a case-by-case basis Community Integration Committee A staff liaison is required Assigned by the City Manager Provides reasonable staff assistance May facilitate communications between the committee and the Council Henry Beauchamp Community Center Committee City Manager or their designee is an ex officio member Advisory capacity only Other City staff, if required by the City Manager, shall provide staff assistance Other City staff, if required, shall serve to facilitate communication from the committee to the Council Park and Recreation Commission The Director of Public Works, or their designee shall be an ex officio member Ex officio member also serves as secretary of the commission Sustainable Yakima A staff liaison is required Assigned by the City Manager Shall provide reasonable staff assistance May serve to facilitate communications from the committee to the Council Yakima Arts Commission A staff liaison shall be assigned by the City Manager Shall provide staff assistance 8 Honorable Mayor and Members of the City Council Robert Harrison, City Manager November 13, 2023 Page 7 Shall serve to facilitate communication between the Commission and Council 5. Summary Of the many boards, committees and commissions, there are six that are purely Council-created, which I have concentrated on in this memo. The Council may choose to change some, or all, of the committees' policies and/or procedures, at any time.