City of Sacramento Page 1
PERSONNEL AND PUBLIC EMPLOYEES
COMMITTEE
Lisa Kaplan, Chair, District 1
Karina Talamantes, District 3
Katie Valenzuela, District 4
Caity Maple, Vice Chair, District 5
COMMITTEE STAFF
Mindy Cuppy, City Clerk
Jacob Bredberg, Administrative Analyst
Brett Witter, Assistant City Attorney
Personnel and Public Employees
Committee
City Hall Complex
915 I Street Sacramento, CA 95814
Published by the Office of the City Clerk
(916) 808-7200
SU
PPLEMENTAL MATERIAL
Description of Attached: Attached is supplemental material received after publishing the agenda, an update to attachment 4.
For the Meeting of: Tuesday, September 10, 2024, at 11:00 a.m.
Agenda Item: Discussion Item 5
5. Ordinances Amending, Deleting and Adding Various Chapters of the Sacramento City Code Relating to the City of Sacramento Boards, Commissions, and Committees
File ID: 2024-01538
Location: Citywide
Recommendation: 1) Review ordinances amending, deleting and adding various chapters of the Sacramento City Code, relating to city commissions:
a) Amending Chapter 2.48 of the Sacramento City Code, Relating to the City of Sacramento Construction Code Advisory and Appeals Board; b) Adding Chapter 2.50 to, and Deleting Sections 8.100.120, 8.100.130, 8.100.150, and 8.100.160 of the Sacramento City Code, Relating to the Housing Code Advisory and Appeals Board;
c) Amending Chapter 2.53 of the Sacramento City Code, Relating to the City of Sacramento Disability Advisory Commission;
d) Amending Chapter 2.58 of the Sacramento City Code, Relating to the City of Sacramento Preservation Commission;
e) Amending Chapter 2.60 of the Sacramento City Code, Relating to the City of Sacramento Planning and Design Commission;
f) Amending Chapter 2.62 of the Sacramento City Code, Relating to the City of Sacramento Parks and Community Enrichment Commission;
g) Amending Chapter 2.64, and Adding Section 3.48.050 to the Sacramento City Code, Relating to the City of Sacramento Ann Land and Bertha Henschel
City of Sacramento Page 2
Memorial Funds Commission;
h) Amending Chapter 2.84 of the Sacramento City Code, Relating to the City of Sacramento Arts, Culture, and Creative Economy Commission; i) Amending Chapter 2.86 of the Sacramento City Code, Relating to the City of Sacramento Animal Wellbeing Commission;
j) Adding Chapter 2.88, Deleting Chapter 13.02, and Amending Section 3.44.100 of the Sacramento City Code, Relating to the City of Sacramento Utility Rate Advisory Commission;
k) Amending Chapter 2.110 of the Sacramento City Code, Relating to the City of Sacramento Community Police Review Commission;
l) Adding Chapter 2.114 to the Sacramento City Code, Relating to the City of Sacramento Measure U Commission;
m) Amending Section 2.16.100 of the Sacramento City Code, Relating to Conflicts of Interest;
n) Deleting Chapters 2.68, 2.72, 2.90, 2.108, and 5.36 of the Sacramento City Code, Eliminating Certain Boards and Commissions; and
o) Amending and Deleting Various Chapters in Title 2 of the Sacramento City Code, Relating to City Commissions.
and 2) pass a Motion forwarding the ordinances to the City Council for adoption.
Contact: Katie Gresham, Program Specialist, (916) 808-8016, [email protected]; Mindy Cuppy, MMC, City Clerk, (916) 808-5442, [email protected]; Office of the City Clerk; Matthew Ruyak, Assistant City Attorney, (916) 808-5346, [email protected], Office of the City Attorney
City of Sacramento
Personnel and Public Employees Committee Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01538 9/10/2024 Discussion Item 5.
Ordinances Amending, Deleting and Adding Various Chapters of the Sacramento City Code Relating to the City of Sacramento Boards, Commissions, and Committees File ID: 2024-01538
Location: Citywide
Recommendation: 1) Review ordinances amending, deleting and adding various chapters of the Sacramento City Code, relating to city commissions:
a) Amending Chapter 2.48 of the Sacramento City Code, Relating to the City of Sacramento Construction Code Advisory and Appeals Board; b) Adding Chapter 2.50 to, and Deleting Sections 8.100.120, 8.100.130, 8.100.150, and
8.100.160 of the Sacramento City Code, Relating to the Housing Code Advisory and Appeals Board;
c) Amending Chapter 2.53 of the Sacramento City Code, Relating to the City of Sacramento Disability Advisory Commission;
d) Amending Chapter 2.58 of the Sacramento City Code, Relating to the City of Sacramento Preservation Commission;
e) Amending Chapter 2.60 of the Sacramento City Code, Relating to the City of Sacramento Planning and Design Commission;
f) Amending Chapter 2.62 of the Sacramento City Code, Relating to the City of Sacramento Parks and Community Enrichment Commission;
g) Amending Chapter 2.64, and Adding Section 3.48.050 to the Sacramento City Code, Relating to the City of Sacramento Ann Land and Bertha Henschel Memorial Funds Commission;
h) Amending Chapter 2.84 of the Sacramento City Code, Relating to the City of Sacramento Arts, Culture, and Creative Economy Commission; i) Amending Chapter 2.86 of the Sacramento City Code, Relating to the City of Sacramento Animal Wellbeing Commission;
j) Adding Chapter 2.88, Deleting Chapter 13.02, and Amending Section 3.44.100 of the Sacramento City Code, Relating to the City of Sacramento Utility Rate Advisory Commission;
k) Amending Chapter 2.110 of the Sacramento City Code, Relating to the City of Sacramento Community Police Review Commission;
l) Adding Chapter 2.114 to the Sacramento City Code, Relating to the City of Sacramento
File ID: 2024-01538 9/10/2024 Discussion Item 5.
Measure U Commission;
m) Amending Section 2.16.100 of the Sacramento City Code, Relating to Conflicts of Interest;
n) Deleting Chapters 2.68, 2.72, 2.90, 2.108, and 5.36 of the Sacramento City Code, Eliminating Certain Boards and Commissions; and
o) Amending and Deleting Various Chapters in Title 2 of the Sacramento City Code, Relating to City Commissions.
and 2) pass a Motion forwarding the ordinances to the City Council for adoption.
Contact: Katie Gresham, Program Specialist, (916) 808-8016, [email protected]; Mindy Cuppy, MMC, City Clerk, (916) 808-5442, [email protected]; Office of the City Clerk; Matthew Ruyak, Assistant City Attorney, (916) 808-5346, [email protected], Office of the City Attorney
Presenter: Mindy Cuppy, MMC, City Clerk, (916) 808-5442, [email protected], Office of the City Clerk
Attachments:
1-Description/Analysis
2-Ordinance Amending Chapter 2.48, City of Sacramento Construction Code Advisory and Appeals Board (Redline/Clean)
3-Ordinance Adding Chapter 2.50 and Deleting Sections 8.100.120, 8.100.130, 8.100.150, and
8.100.160, City of Sacramento Housing Code Advisory and Appeals Board (Redline/Clean) 4-Ordinance Amending Chapter 2.53, City of Sacramento Disability Advisory Commission (Redline/ Clean)
5-Ordinance Amending Chapter 2.58, City of Sacramento Preservation Commission (Redline/Clean) 6-Ordinance Amending Chapter 2.60, City of Sacramento Planning and Design Commission (Redline/Clean)
7-
Ordinance Amending Chapter 2.62, City of Sacramento Parks and Community Enrichment Commission (Redline/Clean)
8-Ordinance Amending Chapter 2.64, and Adding Section 3.48.050, City of Sacramento Ann Land and Bertha Henschel Memorial Funds Commission (Redline/Clean) 9-Ordinance Amending Chapter 2.84, City of Sacramento Arts, Culture, and Creative Economy Commission (Redline/Clean)
10-Ordinance Amending Chapter 2.86, City of Sacramento Animal Wellbeing Commission (Redline/Clean)
11-
Ordinance Adding Chapter 2.88, Deleting Chapter 13.02, and Amending Section 3.44.100, City of Sacramento Utility Rate Advisory Commission (Redline/Clean) 12-Ordinance Amending Chapter 2.110, City of Sacramento Community Police Review Commission (Redline/Clean)
File ID: 2024-01538 9/10/2024 Discussion Item 5.
13- Ordinance Adding Chapter 2.114, City of Sacramento Measure U Commission (Redline/Clean) 14- Ordinance Amending Section 2.16.100, Conflicts of Interest (Redline/Clean) 15- Ordinance Deleting Chapters 2.68, 2.72, 2.90, 2.108, and 5.36, Eliminating of Certain Boards and Commissions (Redline/Clean)
16- Ordinance Amending and Deleting Various Chapters in Title 2 of the Sacramento City Code, Relating to City Commissions (Redline/Clean)
Description/Analysis
Issue Detail: Chapter 2.40 of the Sacramento City Code, which relates to Boards and Commissions Generally, was last updated in August 2022. To resolve conflicts with Chapter 2.40 and eliminate duplication across code sections, it is necessary to revise the individual enacting codes governing city boards, commissions, and committees. Additionally, clarifying various chapters of Title 2 is essential to enhance the organizational efficiency of these commissions.
The proposed ordinances include the following updates:
· Added “City of Sacramento” to the title of a commission if it was not already in the title and changed from “Board or Committee” to “Commission” as appropriate. · Incorporated the Measure U Committee into the City of Sacramento Municipal Code. · Renamed the “Animal Care Services Citizens Advisory Committee” to the “City of Sacramento Animal Wellbeing Commission” and updated their powers and duties. The Office of the City Clerk collaborated with the commission to amend these sections. · All other powers and duties of boards, commissions, and committees remain unchanged. · Member appointments have been adjusted for Ann Land Bertha Henschel Memorial Funds, Disabilities Advisory Commission, and Utility Rates Advisory Commission from being Personnel and Public Employees (P&PE) Committee recommendations for appointments to councilmember recommendations for appointments. These changes are intended to enhance district representation, expedite the appointment process, and reduce incidents of lack of attendance and/or quorum.
· Seat adjustments to the Arts, Culture, and Creative Economy Commission, the Community Police Review Commission, and the Parks and Community Enrichment Commission were made to account for the previously added youth seat.
· A youth seat, 16-22 years old at time of appointment, added to all appropriate commissions. · Removed term of office section, as it is covered in Chapter 2.40.090. · Removed that members must live in the city and not be a current employee of the city, as it is covered in Chapter 2.40.110.
· Removed chair/vice chair rotation, as it is covered in Chapter 2.40.170. · Removed commission time and place, as this is covered in the regularly adopted commission calendars consistent with the Council Rules of Procedure. · Removed conflict of interest section as it is covered in the City’s conflict of interest code. · Removed compensation as this is set by the Compensation Commission.
File ID: 2024-01538 9/10/2024 Discussion Item 5.
· Deleted chapters of the Sacramento City Code related to legislative bodies that are inactive. · Restates that commission members shall be recommended for appointment by an individual councilmember, the mayor, or the Personnel and Public Employees Committee in city code section 2.40.050.A.
· Reiterates if a successor is not appointed at the end of a commissioner’s term, the recommending authority may ask the member to continue to serve until the successor is appointed in City Code section 2.40.060.B.
· Clarifies attendance requirements in City Code Section 2.40.080. · Defines the length of terms as 2 years for youth seats on all commissions in Chapter
2.40.090.A.2.
· States that terms for members recommended for appointment by the mayor or councilmember expire on the same date as the term of office of that recommending mayor or councilmember City Code Section 2.40.090.B.
· Clarifies limitation on number of consecutive terms served in City Code Section 2.40.100. · Clarifies eligibility requirements in City Code Section 2.40.110. · Defines quorum as a majority of the number of seats established for a board or commission in City Code Section 2.40.155.
· States that commissions may establish ad hoc committees in City Code Section 2.40.160.A. · Additional administrative, non-substantive updates.
Policy Considerations: These updates address various chapters in Title 2 of the Sacramento City Code, as well as sections 3.44.100, 5.36, 8.100.120, 8.100.130, 8.100.150, 8.100.160, and 13.02 of the City of Sacramento Municipal Code related to city boards, commissions, and committees.
Economic Impacts: Not applicable.
Environmental Considerations:
California Environmental Quality Act (CEQA): This action is not a project subject to CEQA because it involves only general policy and procedure making and does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. (CEQA Guidelines, §§ 15002(d), 15378(b)(2), 15061(b)(3).)
Sustainability: Not applicable.
Commission/Committee Action: On June 11, 2024, staff presented an ordinance update to the Personnel and Public Employees (P&PE) Committee, which proposed amendments to various chapters in Title 2 of the Sacramento City Code related to City Commissions. The committee directed staff to return with a report for further deliberation on this chapter. On August 27, 2024, staff revisited
File ID: 2024-01538 9/10/2024 Discussion Item 5.
the P&PE Committee with the updated ordinance and was instructed to prepare the ordinance for consideration.
Rationale for Recommendation: The recommended updates aim to establish a uniform administrative framework for all boards, commissions, and committees. By consolidating and clarifying the administrative provisions, these updates effectively eliminate redundancies and conflicts found in other sections of the Sacramento City Code. This cleanup effort addresses inconsistencies and reduces duplication across various code chapters, ensuring a more streamlined and efficient administrative process.
Initiating this comprehensive review and update not only enhances clarity and coherence within the code but also underscores our commitment to improving organizational effectiveness and transparency. The revisions strengthen city representation and expedite the appointment process.
Leading this important initiative sets a new standard for well-organized and accessible commissions.
Financial Considerations: Not applicable.
Local Business Enterprise (LBE): Not applicable.
ORDINANCE NO.
Adopted by the Sacramento City Council
Date Adopted
AN ORDINANCE AMENDING CHAPTER 2.53 OF THE SACRAMENTO CITY CODE, RELATING TO
THE CITY OF SACRAMENTO DISABILITY ADVISORY COMMISSION
B
E IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
Chapter 2.53 of the Sacramento City Code is hereby amended to read as follows:
CHAPTER 2.53 CITY OF SACRAMENTO DISABILITIES ADVISORY COMMISSION
2.53.010 Commission established.
The c C ity of Sacramento dDisabilities aAdvisory cCommission is hereby established.
2.53.020 Definitions.
As used in this chapter, the following words and phrases shall have the meaning given them in this section, unless the context clearly requires otherwise:
"ADA coordinators" means the city employee(s) designated by the city manager, who shall be primarily responsible to provide staff support to the commission. "Americans with Disabilities Act" or "ADA" means the Americans with Disabilities Act of 1990 (Public Law 101- 336) (42 USCA Section 12101 et seq.), as amended from time to time.
"City" means the city of Sacramento.
"City council" means the city council of the city of Sacramento. "Commission" means the Sacramento disabilities advisory commission. "Developmental disability" means any condition, such as mental retardation, including a disabling condition found to be closely related to mental retardation, epilepsy, cerebral palsy, spina bifida, organic brain syndrome or specific learning disabiliti es that limits a major life activity. "Developmentally disabled" shall not include a disorder or condition that is sole-ly physical in nature.
"Fair Employment and Housing Act" or "FEHA" means California Government Sections 12900 et seq., as amended from time to time.
Ordinance No.2024 Adopted on 1
Ordinance No.2024 Adopted on 2
"Major life activity" shall mean a function such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. "Mayor" means the mayor of the city of Sacramento.
"Mental disability" means any psychological disorder or condition such as emotional or mental illness that limits a major life activity. "Mental disability" does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania or psych oactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
"Physical disability" shall have the meaning attributed to it by Government Code Section 12926, as amended from time to time.
"Reasonable accommodation" shall have the meaning attributed to it by Government Code Section 12926, as amended from time to time.
"Sensory disability" means a physical condition that impairs the body's visual system or auditory system and limits a major life activity.
2.53.0320 Purposes of commission.
The commission is established for the purpose of providing advice and recommendations to the mayor and city council on strategies and policies designed to ensure and enhance the city's compliance with the Americans with Disabilities Act, the California Fair Employment and Housing Act, and Title 24 of the California Code of Regulations.
2.53 .040 Powers and duties of commission.
The powers and duties of the commission shall beare a s follows:
A. To serve as an advisory body to advise the city council regarding compliance with federal and state disability laws. The commission shall not advise the city concerning litigation or administrative proceedings to which the city is a party; B. T
o review policies, programs and activities within the city as they affect persons with disabilities;
C. To recommend procedures for city employees with disabilities to request and receive reasonable accommodations;
D. To provide information, referral and technical assistance to the city in matters pertaining to disability issues;
E. T
o establish a liaison with the city's ADA coordinators to assist with policies, procedures and programs as they relate to federal and state disability laws.
Ordinance No.2024 Adopted on 3
F. An nually, report to and make recommendations to the city council regarding the city’s compliance with state and federal disability laws and activities of the commission.
2.53.0540 Commission membershipAppointment of members and qualifications.
A. Number of members. The commission shall consist of 11 members:
1. Each councilmember shall recommend one member for appointment (eight members total);
2. The mayor shall recommend two members for appointment; and
3. The Personnel and Public Employees Committee shall recommend for appointment one member, whom must be at least 16 years old and not older than 22 years old at the time of appointment.
B. Qualifications.
In addition to any requirements or restrictions in chapter 2.40:
1. Members must have an expressed interest or demonstrated history in disability issues, or knowledge or experience with disability law, such as the Americans with Disabilities Act, the California Fair Employment and Housing Act, and Title 24 of the California Code of Regulations.
The commission shall be comprised of nine members who reside within the city of Sacramento, appointed by the mayor with approval by a majority of the city council. The commission's membership shall be representative of different disability groups including, but not limited to, physical, sensory, developmental and mental disabilities. Appointees shall have experience with disability issues, knowledge or experience with disability law, such as ADA or Title 24 of the California Code of Regulations.
2.53.050 General provisions.
Unless specifically provided otherwise in this chapter, the provisions of chapter 2.40 apply to the commission and its members.
2.53.060 Term of office.
Members of the commission shall serve a term of three years. In order to establish staggered terms, the initial appointments of each member may vary between one and three year terms as determined by the mayor with approval by a majority of the city council. No member shall serve for more than two consecutive terms. In the event a Ordinance No.2024 Adopted on 4
vacancy occurs, the mayor, with the approval of a majority of the city council, shall appoint a successor to serve the unexpired term, subject to the requirements set forth in Section 2.53.050. A member shall hold office until his or her successor has been appointed. A successor appointed to complete an unexpired term shall be eligible to serve up to two consecutive terms in addition to the unexpired term.
2.53.070 Organization and procedures of the commission.
At its first meeting, and annually thereafter, the commission shall elect a commission chairperson and a vice chair- person, who each shall hold office at the pleasure of the commission. When there is a vacancy in the office of chairperson or vice chairperson, the commission shall fill that office from among its members. The commission may adopt rules and procedures for the conduct of its business and may do any other thing necessary or proper to carry out its functions, which may include the formation of one or more committees. Staff support to the commission shall be provided by one or more city employees designated by the Sacramento city manager or his or her authorized representative.
2.53.080 Commission meetings.
The commission shall establish a time and place for regular meetings to be held not less than once each month, which shall be noticed and held in accordance with the provisions of the Ralph M. Brown Act (Government Code Sections 54950 et seq.). The commiss ion shall have the authority to notice and hold special meetings in the manner specified by the Ralph M. Brown Act.
2.53.090 Quorum-Voting.
A quorum shall be required for the commission to take any action. A quorum shall be five members. However, in the event of any vacancy or vacancies, the quorum shall be a majority of the members then serving on the commission. The affirmative vote of a majority of the members present and voting shall be necessary to approve any item.
2.53.110 General requirements.
Unless specifically provided otherwise in this chapter, the general requirements set forth in Chapter 2.40 of this code, governing the appointment of board and commission members, attendance at board and commission meetings, voting, term limits and removal shall apply to the commission. A member is subject to removal for good cause, neglect of duty or misconduct as provided in City Charter Section 232.
Ordinance No.2024 Adopted on 5
2.53.120 Conflict of interest-Statements of economic interests.
The provisions of Article III of Chapter 2.16 of this code governing conflicts of interest of board and commission members shall apply to the members of the commission. In addition, all appointees to the commission shall be required to file statements of economic interests pursuant to a conflict of interest code to be adopted for the commission.
SECTION 2.
No incumbent board or commission member loses their seat solely as a result of the revised appointment process set forth in section 1 of this ordinance.
Adopted by the City of Sacramento City Council on by the following vote:
Ayes:
Noes:
Abstain:
Absent:
M AYOR
Attest:
City Clerk
P
assed for Publication:
Published:
Effective:
Ordinance No.2024 Adopted on 1
ORDINANCE NO.
Adopted by the Sacramento City Council
Date Adopted
AN ORDINANCE AMENDING CHAPTER 2.53 OF THE SACRAMENTO CITY CODE, RELATING TO THE CITY OF SACRAMENTO DISABILITY ADVISORY COMMISSION
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
Chapter 2.53 of the Sacramento City Code is hereby amended to read as follows:
CHAPTER 2.53 CITY OF SACRAMENTO DISABILITIES ADVISORY COMMISSION
2.53.010 Commission established.
The City of Sacramento Disabilities Advisory Commission is hereby established.
2.53.020 Purposes of commission.
The commission is established for the purpose of providing advice and recommendations
to the city council on strategies and policies designed to ensure and enhance the city's compliance with the Americans with Disabilities Act, the California Fair Employment and Housing Act, and Title 24 of the California Code of Regulations.
2.53.040 Powers and duties of commission.
The powers and duties of the
commission are as follows:
A. To advise the city council regarding compliance with federal and state disability laws. The commission shall not advise the city concerning litigation or administrative proceedings to which the city is a party; B. To review policies, programs and activities within the city as they affect persons with disabilities;
C. To recommend procedures for city employees with disabilities to request and receive reasonable accommodations;
D. To provide information, referral and technical assistance to the city in matters pertaining to disability issues;
Ordinance No.2024 Adopted on 2
E. To establish a liaison with the city's ADA coordinators to assist with policies, procedures and programs as they relate to federal and state disability laws.
F. Annually, report to and make recommendations to the city council regarding the city’s compliance with state and federal disability laws and activities of the commission.
2.53.040 Appointment of members and qualifications.
A. Number of members. The commission shall consist of 11 members:
1. Each councilmember shall recommend one member for appointment (eight members total);
2. The mayor shall recommend two members for appointment; and
3. The Personnel and Public
Employees Committee shall recommend for
appointment two one members, one of whom must be at least 16 years old and not older than 22 years old at the time of appointment.
B. Qualifications.
In addition to any requirements or restrictions in chapter 2.40:
1. Members must have an expressed interest or demonstrated history in disability issues, or knowledge or experience with disability law, such as the Americans with Disabilities Act, the California Fair Employment and Housing Act, and Title 24 of the California Code of Regulations.
2.53.050 General provisions.
Unless specifically provided otherwise in this chapter, the provisions of chapter 2.40 apply to the commission and its members.
SECTION 2.
No incumbent board or commission member loses their seat solely as a result of the revised appointment process set forth in section 1 of this ordinance.
Adopted by the City of Sacramento City Council on by the following vote:
Ordinance No.2024 Adopted on 3
Ayes:
Noes:
Abstain:
Absent:
MAYOR
Attest:
City Clerk
Passed for Publication:
Published:
Effective: