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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/26/2021 - COUNCIL PRIORITY: REIMAGINE BOARDS AND COMMISSIONSDATE: STAFF: January 26, 2021 Elizabeth Blythe, Senior Public Engagement Coordinator Delynn Coldiron, City Clerk Carrie Daggett, City Attorney Honore Depew, Interim Policy and Project Manager WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Council Priority: Reimagine Boards and Commissions. EXECUTIVE SUMMARY The purpose of this item is to provide an update on progress made towards the Council priority to Reimagine Boards and Commissions, based on previous direction, and seek direction on implementation. Staff will share options for Code changes intended to reduce barriers to participation, increase consistency and clarity, and avoid redundancy. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. What feedback do Councilmembers have on the proposed changes to City Code? 2. Are the proposed changes ready to come forward for consideration in Q1? BACKGROUND / DISCUSSION The options for updates to City Code represent significant and meaningful improvements to the system of Boards and Commissions. While not as far-reaching as some of the early possibilities, there are several timely enhancements that would help reduce some barriers to participation and create more clarity and consistency for board members, staff, and Councilmembers. The City Clerk’s Office will continue to pursue improvements to the system in support of Council’s adopted priorities and goals. The City has 25 boards and commissions that perform a range of functions from advising to decision making. Over 200 residents volunteer valuable time and expertise through board membership. Approximately 45 City staff members spend time directly supporting them in various ways. Six of these boards are considered “quasi-judicial,” meaning they make official decisions/deliver findings, in addition to advising Council. In 2017, the City’s Equity Team researched and created a Public Participation Report that included a survey and analysis of existing board member demographics, as well as recommendations to remove barriers and increase diverse participation. Link to report: <https://www.fcgov.com/cityclerk/files/publicparticipationreport-final.pdf?1557934233> On July 2, 2019, Council adopted the priority to Reimagine Boards and Commissions: Better structure the board and commission system to set up success into the future, align with Outcome Areas and allow for integrated perspectives. Explore models that allow for greater use of ad hoc meetings, diverse stakeholders and additional community participation. To carry out the intention of this priority, staff explored ways to enhance advisory groups to ensure value for board members and Councilmembers, so that Council receives timely and useful advice from diverse perspectives. This included as much public engagement as allowed during the COVID-19 health crisis, multiple Council work sessions, several rounds of input and discussion with current board members, peer city research, and careful review of current City Code and board functions. January 26, 2021 Page 2 Timeline and Engagement History Below is a high-level summary of the timeline of this priority and its touchpoints with Council and board and commission members, followed by a summary of engagement efforts. Time Item Q2 2019 Council Priorities Adopted Q3 2019 City Council Work Session Q4 2019 City Council Work Session Q1 2020 Boards and Commissions Questionnaire Q1 2020 Boards and Commissions Super Issues Meeting Q3 2020 City Council Work Session Q4 2020 Boards and Commissions Super Issues Meeting Q1 2021 Boards and Commissions Super Issues Meeting In February 2020, staff engaged 79 board members with a Reimagine Boards and Commissions questionnaire and convened 55 board members at the Boards and Commissions Super Issues Meeting to discuss this Council Priority in small, facilitated groups. Since adoption of this Council priority, staff has had extensive communication with current and former board members on what works and what could be improved. The next phase of planned engagement was to hold a Spring 2020 Community Issues Forum with the support of CSU’s Center for Public Deliberation, and to conduct focus group sessions/interviews with the intended goal of engaging underrepresented community members. These outreach efforts were canceled to adhere to public safety guidelines and in respect of community needs during the emergency response to COVID-19. City staff met directly with representatives from Associated Students of Colorado State University (ASCSU) as well as the Straayer Center for Public Service Leadership at CSU to discuss how the proposed changes to term lengths will enable more participation by students in the board and commission system. Previous Council Direction During three previous work sessions in 2019 and 2020 (Attachment 1), Council discussed the appropriate scale of changes associated with the Reimagine Boards and Commissions priority. Councilmembers gave direction to focus on continuous improvements (that do not require policy change) as well as policies that reduce barriers to participation and improve efficiency and consistency. The recommended options for changes to City Code, detailed below, may be grouped into those same categories of continuous improvements, reduced barriers and alignment of City Code with board functions to reduce redundancy and improve efficiency and consistency in the system. Reduce Barriers to Participation • Continue to allow remote meeting option. • Allow for shorter board member terms. Improve Efficiency & Consistency • Revise Board Grouping • Revise Naming Structure • Term Change Options • Revise Attendance Policy • Joint Meeting Flexibility • Removing Bylaw Redundancy • Adjustments to Several Boards January 26, 2021 Page 3 Continuous Improvement During 2020, two major continuous improvement items made headway, including edits to the Boards and Commissions Manual and improvements to training with a draft training program. The completion and implementation of these two items are contingent on the results of this City Council Work Session discussion and subsequent Ordinances. Completion of these improvements is a 2021 priority for the Boards and Commissions Program. • Updates to Board and Commission Manual • Staff and Board Member training POSSIBLE CODE CHANGES Board Grouping and Naming Structure Revise Board Grouping The proposed change to add an additional category of “Decision-Making” boards is to provide clarity and organization to the differences in responsibility and functions of certain advisory boards. The change in board and commission grouping is reflected in the chart below. Draft definition of Decision-Making Boards: “In addition to serving an advisory function to Council and staff, decision-making boards also have, as part of their assigned functions, the authority to make decisions on certain matters specified in City Code, which then serve as formal recommendations to Council or staff for their consideration and adoption.” The following Boards and Commissions are recommended to be categorized as Decision-Making boards instead of Advisory Boards: • Art in Public Places Board • Community Development Block Grant Commission • Cultural Resources Advisory Board • Citizen Review Board Revise Naming Structure Based on the August 11, 2020, work session discussion, Council was in support of the change to the naming structure. The changes below are still being recommended and will be paired with other changes brought forth in this item. As a reminder, the reason for this recommendation is that the current naming structure lacks clarity and there is confusion and concern among staff and board members about the meaning behind “board” versus “commission” titles. Staff recommends the below naming restructure. (Attachment 2) 1. Use “Commission” for quasi-judicial groups. 2. Use “Board” for advisory and decision-making groups. January 26, 2021 Page 4 Term Change Options Revise Term Length The proposed changes to term lengths create a boards and commissions structure that maintains the benefits from having longer terms that provide institutional knowledge and consistency, as well as, adding shorter terms that provide a diversity of membership and perspectives. Staff recommends that Quasi-Judicial Commissions maintain 4-year terms for all seats due to the complexity and responsibility of functions. Decision-Making and Advisory Boards would have a mix of term lengths with the majority seats being 4-year terms and the remainder of seats being 1 and 2-year terms. The chart below outlines the ratio of terms. Revise Term Limits To support the recommended changes to term lengths, term limits need to be adjusted as well. The following recommendation allows for members to hold a mixture of terms which allows for flexibility of service. The term limit for Quasi-Judicial Boards and Commissions will remain the same at 2 consecutive terms which is the equivalent of 8 years. Decision-Making and Advisory Boards will be term-limited at 6 consecutive years. Revise Number of Members Staff recommends the proposed changes below to the number of members per board and commission based on its grouping. These changes provide consistency and support the proposed change of shorter terms. (Attachment 3) Revise Attendance Policy Currently, there is a demonstrated history of lack of adherence and enforceability of the current attendance policy. As a result, attendance issues create rippling impacts on the effectiveness of boards. The proposed attendance policy and its proposed placement in the City Code are intended to alleviate these issues. January 26, 2021 Page 5 Code Clean-up The changes listed below were identified by previously paused Ordinances, Code change drafts or staff proposals. The recent review of City Code identified the potential for additional changes that may be brought forth to Council after further review and consideration. • Name Changes: o Community Development Block Grant Commission is to be decided by 1st reading o Landmark Preservation Commission to Historic Preservation Commission o Zoning Board of Appeals to Land Use Review Commission • Adjust membership/participation parameters of the: o Bicycle Advisory Committee o Youth Advisory Board o Senior Advisory Board • Adjust functions from previously paused ordinances to the: o Affordable Housing Board o Community Development Block Grant Commission Allow for Remote Meetings At the August 11, 2020 work session, Council gave support for the proposal to allow Boards and Commissions to continue to meet remotely beyond what is currently permitted in Emergency Ordinance No. 079, 2020. After further staff review, below is the recommended scope and parameters for the use of remote meetings: • Who: o Chairperson of any City board or commission, after consultation with the staff liaison o Remote participation is not allowed in any quasi-judicial proceeding. • What: o Any regular or special meeting o In whole or in part by Remote Technology • When/If: o The meeting room is equipped for remote participation to provide reasonably available participation by members of the board or commission and by the public. ▪ Everyone can see and hear one another. ▪ Everyone can see, hear, or read all discussion, comment and testimony in a manner designed to provide maximum information sharing. ▪ Members of the public have equivalent access. Revise Code Language for Convening Joint Meetings Based on the outcomes of the 2017 Public Participation Report and the 2018 Joint Meeting Pilot, as well as feedback received from board and commission members for increased flexibility to collaborate cross-functionally, staff is recommending adding Code language that permits joint meetings. Outlined below are the major parameters of the recommended Code language. • Two or more boards or commissions, committees of boards or commissions, or representatives from each January 26, 2021 Page 6 such board, commission, or committee. • If the subject of the meeting specifically relates to an item or project in the work plan of each participating board or commission. • If the City Manager or Council has approved the joint meeting. Reserve Bylaws for Quasi-Judicial Commissions Only It has been demonstrated that Advisory Board (including new Decision-Making Boards) bylaws create confusion for staff and board members and create an opportunity for expansion of board responsibility beyond the scope of City Code permitted functions. Additionally, staff found that the vast majority of Advisory Board bylaws were a direct duplicate of City Code function and membership language. Reserving bylaws for Quasi-Judicial Commissions only would eliminate redundancy and increase consistency and efficiency related to City Code revisions and clarity. This change would not impact the functionality or capability of these boards, and in the case that future updates to any board membership or function are needed, changes can be made through other processes. Summary of Proposed Changes New Board Category Decision-Making Aligning Names w/ Categories Advisory and Decision-Making Boards; Quasi- Judicial Commissions Shorter Term Options Add 1- and 2-year terms (not for Q-J) Adjusting Term Limits Advisory and Decision-Making - 6 yrs; Q-J - 8 yrs Revised Attendance Policy Move Policy to City Code; Adjust Absences Allowed Remote Meetings Continue to Support Remote Participation Joint Meeting Flexibility Council/CM-approved Multi-Board Meetings Removing Bylaw Redundancy Move Bylaws to City Code (not for Q-J) Adjustments to Several Boards YAB, SAB, BAC, AHB, CDBG Next Steps Based on Council discussion, staff will bring forth an Ordinance proposing Code changes, as well as the draft Boards and Commission Manual for review and approval by Council. Through 2021, staff will focus on implementations of these changes, as well as improvements to training, recruitment, and onboarding processes. An additional round of Code revisions may be brought forth as additional program improvements are reviewed. ATTACHMENTS 1. Work Session Summaries (PDF) 2. Name Change Table (PDF) 3. Number of Members Chart (PDF) 4. Powerpoint Presentation (PDF) MEMORANDUM DATE: August 14, 2020 TO: Mayor and Councilmembers THRU: Darin Atteberry, City Manger Kelly DiMartino, Deputy City Manager Delynn Coldiron, City Clerk FROM: Honore Depew, Interim Policy and Project Manager Elizabeth Blythe, Sr. Coordinator, Public Engagement RE: August 11, 2020 Work Session: Reimagine Boards and Commissions All Councilmembers were present. The purpose of this item was to provide an overview of implementation since previous Council direction for addressing the Council Priority, Reimagine Boards and Commissions, and to seek direction on next steps. General Feedback  Support for Tier 2 options: o Choices for shorter terms, continued remote meeting access, standardized nomenclature, code clean up  Explore Tier 3 options with additional public input  Support for making it easier for people to participate o Flexible timing, childcare, technology access & training, transportation  Support for letting boards lead and maintain independence o Set their own expectations around Council interaction and meeting frequency  Explore sunset provisions as part of a formalized review process  Need to zoom out when talking about structural changes and engagement more generally o Many ways to engage; not effective to force people into a certain type/role Next Steps  Bring forward ordinances to implement Tier 2 options  Continue staff-level system improvements  Conduct additional public engagement around Tier 3 options DocuSign Envelope ID: BA59B417-E5CE-4F6B-9519-31DCF06E5ACC ATTACHMENT 1 BOARDS AND COMMISSIONS NAME CHANGE TABLE Current Name Recommended Name Affordable Housing Board Affordable Housing Board Air Quality Advisory Board Air Quality Advisory Board Art in Public Places Board Art in Public Places Board Building Review Board Building Review Commission Citizen Review Board Citizen Review Board Commission on Disability Disability Advisory Board Community Development Block Grant Commission Social Investment Board Cultural Resources Board Cultural Resources Board Economic Advisory Commission Economic Advisory Board Energy Board Energy Board General Employee's Retirement Committee General Employee's Retirement Committee Golf Board Golf Board Human Relations Commission Human Relations Commission Land Conservation Stewardship Board Land Conservation Stewardship Board Landmark Preservation Commission Historic Preservation Commission Natural Resources Advisory Board Natural Resources Advisory Board Parking Advisory Board Parking Advisory Board Parks and Recreation Board Parks and Recreation Board Planning and Zoning Board Planning and Zoning Commission Senior Advisory Board Senior Advisory Board Transportation Board Transportation Board Water Board Water Resources Commission Women's Commission Women's Advisory Board Youth Advisory Board Youth Advisory Board Zoning Board of Appeals Land Use Review Commission Board v. Commission Naming Structure Change Content Name Change ATTACHMENT 2 BOARD AND COMMISSION NUMBER OF MEMBERS TABLE Quasi-Judicial Commissions Current Proposed Change Building Review Board 7 7 0 Human Relations Commission 9 7 -2 Landmark Preservation Commission * 9 9 0 Planning and Zoning Board 7 7 0 Water Board 11 7 -4 Zoning Board of Appeals 7 7 0 Decision-Making Boards Art in Public Places Board 7 7 0 Citizen Review Board 7 7 0 Community Development Block Grant 9 7 -2 Cultural Resources Board 7 7 0 Advisory Boards Affordable Housing Board 7 9 +2 Air Quality Advisory Board 9 9 0 Commission on Disability 9 9 0 Economic Advisory Board 9 9 0 Energy Board 9 9 0 Golf Board 7 9 +2 Land Conservation Board 9 9 0 Natural Resources Board 9 9 0 Parking Advisory Board 9 9 0 Parks and Recreation Board 9 9 0 Senior Advisory Board 9 9 0 Transportation Board 9 9 0 Womens Commission 9 9 0 Youth Advisory Board* 5-9 5-9 0 ATTACHMENT 3 January 26, 2021 Council Priority: Reimagine Boards & Commissions Honore Depew, City Manager ’s Office; Elizabeth Blythe, City Clerk’s Office ATTACHMENT 4 Direction Sought 2 1.What feedback do Councilmembers have on the proposed changes to City Code? 2.Are the proposed changes ready to come forward for consideration in Q1? 2019 Adopted Council Priority 3 Reimagine Boards and Commissions: “Better structure the board and commission system to set up success into the future, align with Outcome Areas and allow for integrated perspectives. Explore models that allow for greater use of Ad Hoc meetings, diverse stakeholders and additional community participation.” HPG 7.3 –Improve effectiveness of community engagement with enhanced inclusion of all identities,languages and needs Strategic Alignment: 2017 Public Participation Report Findings: •Lack of representation & diversity •Race, age, income •Lack of clarity regarding expectations Recommendations: •Reduce barriers to participation •Recruit from underrepresented populations •Improve clarity and consistency 4fcgov.com/cityclerk/boards Summary of Boards & Commissions •25 Boards & Commissions •6 Quasi-judicial •Governed by Chapter 2, Articles 3&4 of Municipal Code •Majority created in the 80s and 90s •Between 7 and 11 members each •210 (+/-) Total Volunteers •45 Staff Liaisons and Admin Support 5 Ti meline and Engagement History 6 Q2 2019 Council Priorities Adopted Q3 & Q4 2019 City Council Work Sessions Q1 2020 Boards and Commissions Questionnaire Q1 2020 Boards and Commissions Super Issues Meeting Q3 2020 City Council Work Session Q4 2020 Boards and Commissions Super Issues Meeting Q1 2021 Boards and Commissions Super Issues Meeting Themes from Board Member Input •More clarity on role and timing of board action •Better on-boarding and training for members •Flexibility for board collaboration •More effective attendance policy •Differing perspectives on shorter term lengths 7 Previous Council Direction 8 Reduce Barriers to Participation •Continue to allow remote meeting option •Allow for shorter board member terms Improve Efficiency & Consistency •Revise Board Grouping •Revise Naming Structure •Te rm Change Options •Code Clean-up •Revise Attendance Policy •Joint Meeting Flexibility •Remove Bylaw Redundancy Board Grouping and Naming Structure Current Grouping & Naming Recommended Grouping Recommended Naming Ad visory Boards and Commissions Quasi-judicial Boards and Commissions Ad visory Board Decision-Making Board Quasi-Judicial Commission 9 Proposed Decision- Making Boards: •Art in Public Places •Cultural Resources •Citizen Review •Community Development Block Grant Te rm Change Option Ty pe Number of Members Te rm Lengths (Number of seats: Term Length) Te rm Limit Quasi-Judicial*7 7:4 2 Consecutive Te rms Decision- Making 7 4:4, 2:2, 1:1 6 Consecutive Ye ars Ad visory 9 4:4, 3:2, 2:1 6 Consecutive Ye ars 10 *Landmark Preservation Commission would remain at 9 members Revised Attendance Policy Current Recommended Dismissal after 3 consecutive absences without notice Dismissal after 2 consecutive absences without notice Dismissal after 4 absences in one calendar year without written notice Dismissal after 3 absences in one calendar year with or without notice City Council approved exceptions to policy In the Boards and Commissions Manual In the City Code 11 Proposed Name Changes 12 Current Recommended Naming Structure and Clarity Change Community Development Block Grant Commission [TBD by 1st Reading] Board Landmark Preservation Commission Historic Preservation Commission Zoning Board of Appeals Land Use Review Commission Naming Structure Change Building Review Board Building Review Commission Commission on Disability Disability Advisory Board Economic Advisory Commission Economic Advisory Board Planning and Zoning Board Planning and Zoning Commission Women’s Commission Women’s Advisory Board Wa ter Board Wa ter Resources Commission Additional Changes & Code Clean Up Adjust membership/participation parameters •Bicycle Advisory Committee, Senior Advisory Board and Youth Advisory Board Include previously paused 2018 ordinance changes •Affordable Housing Board and Community Development Block Grant Re move bylaw redundancy •Reserve Bylaws for Quasi-Judicial Commissions Pe rmissions for joint meeting flexibility •Add to the City Code Support for remote meetings •Add to the City Code 13 Summary of Proposed Changes 14 New Board Category Decision-Making Al igning Names w / Categories Advisory and Decision-Making Boards; Quasi-Judicial Commissions Shorter Term Options Add 1-and 2-year terms (not for Q-J) Ad justing Term Limits Advisory and Decision-Making –6 yrs; Q-J –8 yrs Revised Attendance Policy Move Policy to City Code; Adjust Absences Allowed Remote Meetings Continue to Support Remote Participation Joint Meeting Flexibility Council/CM-approved Multi-Board Meetings Removing Bylaw Redundancy Move Bylaws to City Code (not for Q-J) Ad justments to Several Boards YA B, SAB, BAC, AHB, CDBG Direction Sought 15 1.What feedback do Councilmembers have on the proposed changes to City Code? 2.Are the proposed changes ready to come forward for consideration in Q1?