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Ordinance No. 2021-16 Relating to Updating City Member Appointment & Confirmation-Approved 052521Page 1 of 6 ORDINANCE NO. 2021-16 AN ORDINANCE of the City of Bainbridge Island, Washington, amending Titles 2, 3, 16, and 18 of the Bainbridge Island Municipal Code to revise the member appointment and confirmation process for City Advisory Committees. WHEREAS, the City Council has previously created various advisory boards, commissions, committees, and task forces, which are known collectively as “City Advisory Committees,” to provide recommendations to the Council and perform other functions for the City; and WHEREAS, the City Council now desires to revise the member appointment and confirmation process for City Advisory Committees; and WHEREAS, the City Council acknowledges that to revise the appointment and confirmation process for City Advisory Committees, a variety of provisions in the Bainbridge Island Municipal Code must be amended relating to that process. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. A new Section 2.01.015, Council Advisory Committee Member Appointment and Confirmation Process, is added to the Bainbridge Island Municipal Code as follows: 2.01.015 Council Advisory Committee Member Appointment and Confirmation Process A. Recommendations of appointments of members to City Advisory Committees shall be provided by a member selection panel composed of two or three Council members, including the Council liaison(s), with the chair from the subject advisory committees, if applicable, serving in an advisory role in the member selection process. B. The recommendations from the selection panel shall be forwarded to the City Council, and Council confirmation shall require a majority plus one vote of the entire membership of the Council. C. For City Advisory Committees in which state law requires appointment by the Mayor (e.g., Planning Commission), the selection panel shall first forward their recommendation to the Mayor, and if the Mayor consents with the panel’s recommendation, the Mayor shall then forward the recommendation to the Council. Section 2. Section 2.14.020.C.1. of the Bainbridge Island Municipal Code is hereby amended to read as follows: The commission shall consist of seven members, appointed by the mayor and confirmed by the city council and the appointments and confirmations of those members shall be Page 2 of 6 governed by Chapter 2.01 BIMC. All seven members of the commission shall be residents of the city. The members shall not be employees or officers of the city or appointed to another city committee, board or commission, except for specialized committees or task forces of limited duration. The commission shall reflect the diverse perspectives, work experiences and backgrounds represented in the community. Each commissioner shall endeavor to understand and agree to uphold the city’s adopted comprehensive plan. Section 3. Section 2.14.040.A.1. of the Bainbridge Island Municipal Code is hereby amended to read as follows: There is created a design review board (board) for the city. The design review board shall consist of seven members, who shall be appointed by the mayor and confirmed by the city council and the appointments and confirmations of those members shall be governed by Chapter 2.01 BIMC. Board membership shall include at least one representative with expertise in the following disciplines and/or groups: landscape architecture; urban design; public art committee or local artist; developers; at-large community member; and at least two architects. The members of the design review board shall not be officers or employees of the city or appointed to another city committee, board or commission, except for specialized committees or task forces of limited duration. Section 4. Section 2.16.210.E.1. of the Bainbridge Island Municipal Code is hereby amended to read as follows: Upon the city council’s approval to commence the subarea planning process for a designated center or neighborhood, the mayor, with confirmation by the city council, shall appoint a subarea planning steering committee for that designated center or neighborhood shall be appointed, and the appointments and confirmations of those members shall be governed by Chapter 2.01 BIMC. The steering committee shall be comprised of an odd number of members, totaling no more than nine, with the total number of members to be determined by the city council. The majority of the committee shall be comprised of representatives from categories in subsections E.2.a. and E.2.b. of this section. The term of the steering committee members shall be until the completion of the subarea planning process under this chapter. The removal and resignation of members shall be governed by Chapter 2.01 BIMC. Demotion of the chairperson shall be governed by Chapter 2.01 BIMC. Section 5. Section 2.32.010.A. of the Bainbridge Island Municipal Code is hereby amended to read as follows: There is created a multi-modal transportation advisory committee for the city, hereinafter called the committee. The committee shall consist of seven voting members, who shall be appointed by the mayor and confirmed by vote of the city counciland the appointments and confirmations of those members shall be governed by Chapter 2.01 BIMC. The membership of the committee should reflect the many interests impacted by transportation decisions, including, without limitation, motorists, pedestrians, bicyclists, Page 3 of 6 and public transportation users. In addition, the Bainbridge Island Metropolitan Park and Recreation District and the Bainbridge Island School District have expressed a desire to provide liaisons to the committee. Liaisons will be nonvoting members and may be elected officials and/or staff members as selected by Bainbridge Island Metropolitan Park and Recreation District and Bainbridge Island School District, respectively. Section 6. Section 2.33.010.A. of the Bainbridge Island Municipal Code is hereby amended to read as follows: There is created a utility advisory committee for the city, hereinafter referred to as the committee. The committee shall consist of seven voting members, who shall be appointed by the mayor and confirmed by vote of the city counciland the appointments and confirmations of those members shall be governed by Chapter 2.01 BIMC. The members shall not be officers or employees of the city and shall be residents of the city. The members shall not be appointed to another city committee, board or commission, except for specialized committees or task forces of limited duration. Additionally, at least one member of the city council shall serve as an ex officio, nonvoting member of the committee. Section 7. Section 2.35.010.A. of the Bainbridge Island Municipal Code is hereby amended to read as follows: There is created a marine access committee for the city, hereinafter called “the committee.” The committee shall consist of seven voting members, who shall be appointed by the mayor and confirmed by vote of the city counciland the appointments and confirmations of those members shall be governed by Chapter 2.01 BIMC. Section 8. Section 2.36.010.A. of the Bainbridge Island Municipal Code is hereby amended to read as follows: There is created an environmental technical advisory committee for the city, hereinafter called the committee. The committee shall consist of nine members, who shall be appointed by the mayor and confirmed by a vote of the city counciland the appointments and confirmations of those members shall be governed by Chapter 2.01 BIMC. Section 9. Section 2.37.010.A. of the Bainbridge Island Municipal Code is hereby amended to read as follows: There is created a climate change advisory committee for the city, hereinafter referred to as the committee. The committee shall consist of nine members, who shall be appointed by the mayor and confirmed by a vote of the city counciland the appointments and confirmations of those members shall be governed by Chapter 2.01 BIMC. Section 10. Section 2.40.040.A. of the Bainbridge Island Municipal Code is hereby amended to read as follows: Page 4 of 6 Elected Officials or Appointees. The members of the board of commissioners shall be the board of county commissioners of Kitsap County, the mayor of Port Orchard, Washington, the mayor of Poulsbo, Washington, and a city council member of Bainbridge Island or such persons as the elected officials from those jurisdictions may appoint to serve in their place. The city council of Bainbridge Island will designate one of its members to serve on the board, or the city council may appoint another individual to serve in place of one of the council members., and the appointment and confirmation of that member shall be governed by Chapter 2.01 BIMC. Section 11. Section 2.41.010.A. of the Bainbridge Island Municipal Code is hereby amended to read as follows: There is created a human services funding advisory task force for the city, hereinafter called the “task force.” The task force shall consist of seven voting members, who shall be appointed by the mayor and confirmed by vote of the city counciland the appointments and confirmations of those members shall be governed by Chapter 2.01 BIMC. Members of the task force shall serve for a single term, to be specified at the time of appointment, that coincides with the city’s work to review proposals for funding from community organizations. A member may be reappointed to a separate, subsequent term, but no member of the task force shall be appointed to more than three consecutive terms unless the city council determines that special expertise is required, or there are no other qualified applicants. Section 12. Section 2.43.010.A. of the Bainbridge Island Municipal Code is hereby amended to read as follows: There is created a cultural funding advisory task force for the city, hereinafter called the “task force.” The task force shall consist of seven voting members, who shall be appointed by the mayor and confirmed by vote of the city council and the appointments and confirmations of those members shall be governed by Chapter 2.01 BIMC. Members of the task force shall serve for a single term, to be specified at the time of appointment, that coincides with the city’s work to review proposals for funding from community organizations. A member may be reappointed to a separate, subsequent term, but no member of the task force shall be appointed to more than three consecutive terms unless the city council determines that special expertise is required, or there are no other qualified applicants. Section 13. Section 2.72.030.A. of the Bainbridge Island Municipal Code is hereby amended to read as follows: The committee shall consist of a maximum of nine members, who shall be appointed by the mayor and approved by the city counciland the appointments and confirmations of those members shall be governed by Chapter 2.01 BIMC. Section 14. Section 2.74.010.A. of the Bainbridge Island Municipal Code is hereby amended to read as follows: Page 5 of 6 There is created a salary commission for the city. The commission shall consist of seven members, to be appointed by the mayor with the approval of the city council and the appointments and confirmations of those members shall be governed by Chapter 2.01 BIMC. Section 15. Section 3.65.040 of the Bainbridge Island Municipal Code is hereby amended to read as follows: There is created a special fund in the treasury of the city, to be known as the “civic improvement fund.” All taxes collected under this chapter shall be placed in the fund and shall be used for purposes provided for in Chapter 67.28 RCW. Pursuant to Chapter 67.28 RCW, including RCW 67.28.1817, the city council shall appoint a lodging tax advisory committee to advise the city council on the use of the city’s civic improvement funds. The appointments and confirmations of those members shall be governed by Chapter 2.01 BIMC. Section 16. Section 16.24.060.A. of the Bainbridge Island Municipal Code is hereby amended to read as follows: A seven-member selection committee shall be appointed within 90 days following the effective date of this chapter. The appointments and confirmations of those members shall be governed by Chapter 2.01 BIMC. The selection committee shall advise the city council in the selection of eligible lands offered for acquisition by their owners. Members shall be nominated by the mayor and approved by the city council. Section 17. Section 18.24.020.B.1. of the Bainbridge Island Municipal Code is hereby amended to read as follows: The historic preservation commission shall consist of seven members, who shall be appointed by the mayor and approved by the city council in accordance with this chapterand the appointments and confirmations of those members shall be governed by Chapter 2.01 BIMC. The historic preservation commission shall include at least three members who have experience in identifying, evaluating and protecting historic resources and who are selected from among the disciplines of history, architecture, landscape architecture, architectural history, historic preservation, planning, cultural anthropology, archaeology, biology, geography, cultural geography, American studies, law, and real estate, referred to in this chapter as the “professional positions.” An action taken by the historic preservation commission shall not be invalid due to the temporary vacancy of any or all of the professional positions, unless the certification agreement between the city and the State Historic Preservation Office (SHPO) provides otherwise. Section 18. Severability. Should any section, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be preempted by state Page 6 of 6 or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 19. This ordinance shall take effect and be in force five days from and after its passage, approval, and publication as required by law. PASSED by the City Council this 25th day of May, 2021. APPROVED by the Mayor this 25th day of May, 2021. Rasham Nassar, Mayor ATTEST/AUTHENTICATE: FILED WITH THE CITY CLERK: May 6, 2021 PASSED BY THE CITY COUNCIL: May 25, 2021 PUBLISHED: May 28, 2021 EFFECTIVE DATE: June 2, 2021 ORDINANCE NO. 2021-16