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CC - (1) Adoption of a Resolution Amending City Council Policy 3002, City Commissions, Boards and Committees; Appointed Representatives to Outside Agencies and Boards to Clarify Non-Residency Requirements may be Established by CBC Bylaws, Include Language Encouraging Diversity in Appointments, and Make an Additional Clean-Up Revision; and (2) Direction Regarding Removal of the Residency Requirement for Members of the Equity and Human Relations Advisory Committee.
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Meeting Date: May 10, 2021
Contact Person/Dept: Jeremy Green/Administrative Services
Heather Baker /City Attorney’s Office
Phone Number: (310) 253-5851/ (310) 253-5660
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [X] Attachments: Yes [X] No []
Commission Action Required: Yes [] No [X] Date:
Public Notification: (E-Mail) Meetings and Agendas - City Council (05/05/2021)
Department Approval: Serena Wright-Black, Assistant City Manager (05/05/2021)
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RECOMMENDATION
Staff recommends the City Council (1) adopt a resolution amending City Policy 3002, City Commissions, Boards and Committees; Appointed Representatives to Outside Agencies and Boards (CBC Policy) to clarify non-residency requirements may be established by CBC bylaws, include language encouraging diversity in appointments, and make an additional clean-up revision; and (2) provide direction regarding the removal of the residency requirement for members of the Equity and Human Relations Advisory Committee (EHRAC).
BACKGROUND / DISCUSSION
Residency Requirement
The current CBC Policy, adopted by the City Council on January 27, 2020 (Attachment 1) requires that all Commission, Board and Committee (CBC) members “shall be residents of the City…unless the vacant seat specifically designates otherwise.”
During recent City Council Policies Ad Hoc Subcommittee (Council Policy Subcommittee) meetings, Council Members McMorrin and Vera discussed the removal of the residency requirement for the Committee on Homelessness (COH) (recently renamed Advisory Committee on Housing and Homelessness), as well as the EHRAC. As part of this discussion, it was expressed that even for non-residents who may be interested in sitting on these Committees, the City Council should still consider whether an individual has some sort of “connection” to the City to ensure the applicants are invested in the work of these Committees.
At the EHRAC meeting on March 23, 2021, the Council Policy Subcommittee discussed the residency requirement with the EHRAC to receive their input. The EHRAC supported the Council Policy Subcommittee’s recommendation to remove the residency requirement for EHRAC members.
At the April 19, 2021 Joint City Council and COH Meeting, the City Council and COH agreed with the respective recommendations of the Council Policy Subcommittee and the COH Bylaws Subcommittee, to remove the residency requirement for COH Members; and directed staff to return to the COH with proposed amendments to the bylaws consistent with such direction. (Other recommendations for the COH bylaws were also considered/directed.)
At this time, there has already been formal direction by the City Council (on April 19th) to remove the residency requirement for the (currently named) Advisory Committee on Housing and Homelessness. However, there has yet to be formal action by the full City Council on the Council Policy Subcommittee’s recommendation to also remove the residency requirement for EHRAC members. Staff recommends the City Council discuss and provide direction regarding removal of the residency requirement for EHRAC Members.
Diversity in Appointments The Council Policy Subcommittee has also discussed composition/eligibility of CBCs in relation to a request by the Finance Advisory Committee (FAC) to include language for gender equity in the recruitment process for FAC members. Specifically, the FAC recommended language that “the City Council should take the interests of diversity and equity into account, and is encouraged to achieve and maintain no fewer than three individuals who identify as other than male.”
The Policy Subcommittee and staff recommend more general language with regard to gender equity be included, rather than being too specific with regard to composition and numbers, etc. In that regard, the Subcommittee and staff recommend language regarding achieving and maintaining a goal of diverse representation among CBC members.
Proposed Amendments to CBC Policy
The Council Policy Subcommittee is proposing additional changes, as discussed above, that necessitate changes to the CBC Policy. Those changes to Section II, Eligibility, include:
• More succinctly delineating eligibility requirements, that all Commission appointees shall be residents of the City and that all Board and Committee appointees shall be residents of the City, unless the bylaws or other supporting documents for a particular body provide otherwise.
• Adding language to express that it is the goal of the City Council to achieve and maintain a diverse composition of City Commissions, Boards and Committees, with respect to race, color, religion, national origin, ethnicity, sex, sexual orientation, actual or perceived gender identity, disability and age.
With the above change, the eligibility provisions would read as follows:
Appointees to all Commissions, Boards and Committees shall be residents of the City, none of whom shall hold any paid office or employment in the City Government, unless the vacant seat, bylaws or other operating documents specifically allow for the appointment of non-residents to a Board or Committee designates otherwise.
It is the intent of the City Council to achieve and maintain a diverse composition of City Commissions, Boards and Committees, with respect to race, color, religion, national origin, ethnicity, sex, sexual orientation, actual or perceived gender identity, disability and age.
Minors, age 16 or older, are eligible to apply with the consent of their parent or legal guardian.
No person may serve on more than one Commission, Board or Committee at the same time, unless authorized and approved by City Council.
Staff has also included a revision to Attachment 1 of the Policy to change the name of the Committee on Homelessness to the Advisory Committee on Housing and Homelessness.
In addition to the above changes, staff has encountered a provision in the CBC Policy that requires some clean-up with respect to provisions about agendizing future agenda items. Specifically, Section V is proposed to be amended, in pertinent part, as follows:
CBC Members wishing to have an item agendized for discussion must obtain a majority of the CBC Members' support to place an item on a future agenda. Three A majority of the CBC Members’ votes to place an item on a future agenda does not indicate an implicit approval or denial of the agenda item itself.
The Subcommittee and staff recommend the City Council adopt the proposed Resolution amending the CBC Policy 3002 (Attachment 2).
FISCAL ANALYSIS
None
ATTACHMENTS
1. 2021-05-10_ATT 1_City Council Policy 3002 (CBC Policy)
2. 2021-05-10_ATT 2_Proposed Resolution Amending City Council Policy Statement: City Commissions, Boards and Committees
MOTION
That the City Council:
1. Adopt a Resolution amending City Council Policy 3002, City Commissions, Boards and Committees; Appointed Representatives to Outside Agencies and Boards; and
2. Provide direction with regard to removal of the residency requirement for members of the Equity and Human Relations Advisory Committee (NOTE: Council direction was previously provided on April 21, 2021 to remove the residency requirement for members of the Advisory Committee on Housing and Homelessness (ACHH)); and
3. Direct staff to return with respective amendments to the ACHH and EHRAC bylaws to implement the changes of the amended CBC Policy and as directed by the City Council; and
4. Provide any other direction to the City Manager as deemed appropriate.