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HomeMy WebLinkAboutR-10096 Advisory Body Handbook and Bylaws reviseE K RESOLUTION NO. 10096 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE BYLAWS OF CERTAIN OF ITS ADVISORY BODIES WHEREAS, in accordance with the Charter of the City of San Luis Obispo, the San Luis Obispo Municipal Code, and its own resolutions, the City Council of the City of San Luis Obispo appoints individuals to serve on its advisory bodies; and WHEREAS, those advisory bodies have adopted bylaws to aid them in conducting their meetings fairly, smoothly, efficiently and in accordance with law; and WHEREAS, pursuant to Charter section 1204 and the Advisory Body Handbook, last adopted by the City Council in November 2008, the City Council biennially, following recommendations from its advisory bodies, is to review any proposed recommended changes to the bylaws of the advisory bodies and then adopt them; and WHEREAS, the City's advisory bodies have reviewed their bylaws and some of those bodies have recommended revision of their bylaws; and WHEREAS, City staff have also reviewed said bylaws and have made suggestions for their revision; and WHEREAS, at its regular meeting of June 19, 2009, the City Council reviewed proposed changes to advisory body bylaws as recommended by its advisory bodies and staff. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that the bylaws of the following advisory bodies are hereby amended to read as set forth in the attached revised bylaws, attached and incorporated herein as an Exhibit. The bylaws of these advisory bodies are amended by this action: Architectural Review Commission Bicycle Advisory Committee Building Construction Board of Appeals Cultural Heritage Committee Human Relations Commission Jack House Committee Joint Use of Recreational Facilities Committee Mass Transportation Committee Parks and Recreation Commission Personnel Board Planning Commission Tree Committee • • Resolution No. 10096 (2009 Series) Page 2 Upon motion of Council Member Carter, seconded by Council Member Ashbaugh, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 16th day of June 2009. Mayor David F. Romero ATTEST: Audrey Hoo City Clerk APPROVED AS TO FORM: P. Lowell City Attorney Architectural Review Commission By -laws Amended by Resolution No. 10096 (2009 Series) MEMBERSHIP The Architectural Review Commission (ARC) has seven members. Members must be residents and registered voters of the City. The only special qualifications for membership are a proven interest in the City's physical environment and the ability to make positive and fair aesthetic evaluations. 1. Meetings A. Regular meetings shall be held at 5:00 p.m. on the first and third Monday of each month. B. Agenda items shall be completed by 9:00 p.m. unless the consent of a majority of commissioners agree to extend the meeting. C. Regular meetings shall be held in the Council Hearing Room, City Hall, 990 Palm Street, San Luis Obispo, California. D. In the event that the Architectural Review Commission desires to hold all or any portion of a regular meeting at a place other than the City Hall, then the place of such meeting shall be posted on at the doors of the Council Hearing Room prior to the time designated for the meeting in accordance with law. 2. Election of Officers A. The commission shall select a Chairperson and Vice - Chairperson from among its members to serve for a one -year term beginning April 1 st of each year. B. Commissioners shall serve as Chairperson or Vice - Chairperson at the discretion of the Commission. C. The Chairperson shall preside at all meetings of the commission. The Vice - Chairperson is Chairperson in the absence of the Chairperson or in case of inability of the Chairperson to act. 3. Conduct of Meetings A. Commissioners should address questions through the chairperson. B. Members of the audience should address commissioners or other persons present through the chairperson. C. Procedure for reviewing public hearing items: After roll call the Chairperson shall announce to the public the procedures to be followed to consider the public hearing items and then proceed as follows: Updated 6/16/2009 1. The Chairperson shall introduce the items and ask for oral staff reports. 2. The staff report previously submitted to the Architectural Review Commission shall be placed into the record with all communications received regarding the proposal. Staff reports shall be submitted for all public hearing items in a form acceptable to the Commission. 3. The applicant shall be invited to make a presentation on behalf of the request. 4. Members of the public wishing to speak in favor or in opposition of the application shall be invited to make a presentation. 5. The public hearing shall be closed to the public and discussion confined to members of the commission; provided that the commission may reopen the public hearing at any time prior to a decision on an item on an affirmative vote if the majority of those members present. 6. The Commission, upon formal motion, shall take action on the proposal. The Chairperson shall inform the applicant and public of the right of appeal and procedures for filing such an appeal. 4. Quorum A. Four members of the commission constitutes a quorum for the transaction of business. B. No approval or other action of the commission shall become effective without receiving the affirmative vote of a majority of the members present. 5. Voting A. Except as otherwise provided in the San Luis Obispo Municipal Code and state law, no motion or any other action shall be passed or become effective without receiving the affirmative vote of at least a majority of members present. B. Failure to receive such an affirmative vote shall result in failure or denial, as appropriate, of the motion or other action. C. Except as allowed under the Political Reform Action of 1974, any member abstaining due to a declared conflict of interest shall not participate in the discussion of the items or otherwise influence or attempt to influence in any manner the decision on the item. D. All members, when present, must vote except when refraining from participating due to a potential conflict of interest. 6. Public Records A. Records of all public hearings shall be made available to the public in the office of the Community Development Department. 2 Updated 6/16/2009 B. Secretary — Duties: The secretary shall be a representative of the community development department, and shall keep minutes of each meeting and shall record the official action taken. The records of all proceedings and the basis for all findings shall be available to the council and to the public. 7. Attendance A. Any member of the Architectural Review Commission who fails, for any reason, to attend three (3) consecutive regular, adjourned regular, or specially - scheduled (excluding Commission site visits) meetings, or a total of six (6) such Commission meetings within any 12 month period, shall be reviewed by the Chairperson for possible referral to the City Council. 8. Filling vacancies and removal of members. A. Vacancies shall be filled for unexpired terms. The council, by majority action, may remove any commissioner as provided in the City Charter. Rules, regulations and procedures. A. The commission may adopt rules, regulations and procedures as required for the transaction of its business. These rules shall become effective upon approval of the council. Updated 6/16/09 BYLAWS SAN LUIS OBISPO BICYCLE ADVISORY COMMITTEE Amended by Resolution No. 10096 (2009 Series) ARTICLE 1. PURPOSE The purpose of the Bicycle Advisory Committee is to provide oversight and policy direction on matters related to bicycle transportation in San Luis Obispo and its relationship to bicycling outside the City. ARTICLE 2. COMMITTEE MEMBERSHIP AND TERMS OF OFFICE The Bicycle Advisory Committee shall have seven members appointed by the City Council to staggered terms of four years. Members must be residents and registered voters of the City. Committee members will serve at the pleasure of the City Council. Any Committee member may be reappointed, provided no appointee serves more than two consecutive terms (8 years). A member who has served eight years can be reappointed after a one year absence from the Committee. ARTICLE 3. OFFICERS The officers will consist of a Chairperson and Vice - Chairperson who will be elected annually at a regular Committee meeting in each calendar year. The Chairperson will preside over all meetings of the Committee and perform such duties as directed by the Committee. The Vice - Chairperson will serve in the absence or incapacity of the Chairperson. ARTICLE 4. MEETINGS A. The Committee will hold a regular meeting at least quarterly. The meetings are generally held the third Thursday of every other month (January, March, May, July, September and November) at 7:00 p.m. in the Council Hearing Room, City Hall. All meetings will be open to the public. B. The Chairperson or any four members of the Committee may call a special meeting, provided that a week's prior notice is given in writing to each member. 1 Updated 6/16/2009 C. A quorum will consist of a majority of established Committee members. D. All actions of the Committee will be decided by a majority vote or consensus and will be directed through the Committee chair. E. All members present must vote, except when abstaining due to a declared conflict of interest. A failure or refusal to vote when present (except for a declared conflict or interest) will be construed as an affirmative vote. F. Any member with a declared conflict of interest will not vote or participate in any discussion of any item or in any manner attempt to influence the decision on that item. ARTICLE 5. SUBCOMMITTEES Subcommittees consisting of less than a quorum of the Committee can be appointed as needed by the Chairperson. ARTICLE 6. ADVISORY BODY POLICIES The Committee adopts and incorporates by reference all policies as stated in the City of San Luis Obispo Advisory Body Handbook, that are not in conflict with these bylaws. 2 Updated 6/16/2009 0 o BUILDING CONSTRUCTION BOARD OF APPEALS BYLAWS Amended by Resolution No. 10096 (2009 Series) MEMBERSHIP The Board consists of seven members. Members must be residents and registered voters of the City. Five of the seven members shall be qualified by experience and training to pass on matters pertaining to building construction and building service equipment, and who are not employees of the City. Two members of the Board shall be persons with a disability as defined in the 2007 California Building Code. I. FUNCTIONS The Construction Board of Appeals is established as a forum for those seeking relief from the strict application of the provisions of the City's adopted Uniform Code, as follows: A. To determine the suitability of alternate materials, methods of construction, and other specifications set out in the City's adopted Uniform Codes. B. To interpret reasonably the provisions of the City's adopted Uniform Codes. II. MEETINGS A. Meetings shall be on call of the Chief Building Official on at least three days public notice given in a form acceptable to the City Clerk. B. Meetings shall be held in the City Hall, 990 Palm Street, San Luis Obispo, California. C. In the event the Board desires to hold all or any portion of a meeting at a place other than the City Hall, then the place of such meeting shall be posted on the bulletin board located at the entrance to City Council Chambers prior to the time herein designated for such meetings in accordance with law. III. OFFICERS A. Officers of the Board shall be a Chairperson and a Vice Chairperson. B. Offices shall be filled from appointed members by written ballot of the voting membership. C. Election of officers shall be held annually at the first meeting held after April 1. IV. DUTIES OF THE CHAIRPERSON The Chairperson shall preside at all meetings of the Board. The Chairperson shall preserve order and decorum at all meetings, shall vote on all questions and announce the Board's decisions on all subjects. V. DUTIES OF VICE CHAIRPERSON The Vice Chairperson shall act as Chairperson during the temporary absence or disability of the Chairperson. VI. DUTIES OF THE SECRETARY Updated 6/16/2009 A. In the event the Chairperson and Vice Chairperson are absent, the Secretary shall call the meeting to order and the Board shall elect one of its members to act as Chairperson pro tempore. B. It shall be the duty of the Secretary to keep full, true and correct records of the action of the Board and provide each member of the Board with minutes of each meeting. C. The Secretary shall transmit copies of decisions and written findings to the City Council. D. Minutes will be submitted to the Board for approval at the next meeting. E: The Secretary shall prepare an agenda for each meeting. VII. CONDUCT OF MEETINGS A. Board members should address questions through the Chairperson. B. Members of the audience should address Board members or other persons present through the Chairperson. VIII. QUORUM A majority of the number of established Board members shall constitute a quorum for the transaction of business. IX. VOTING A. The vote on all motions making recommendation to the City Council shall be by resolution, and a roll call vote shall be taken for the ayes and noes prior to the consideration of the next order of business. All other motions may be by voice vote. B. Failure of any motion resolution or other action to receive three affirmative votes shall result in failure or denial of the motion, resolution or other action. X. AGENDA In order for items and materials to be included on an agenda or to be acted upon by the committee, they must be submitted to the Secretary of the Board at least ten (10) days prior to the date on which said request will be considered by the Board. Such request must be made in writing setting forth the following: A. The applicable Code provision. B. The nature of the requested change or interpretation. C. The reasons for the change or interpretation. XI. REFERRAL TO CITY COUNCIL After the conclusion of the hearing on the request, all decisions and findings shall be made in writing to the City Council with a duplicate copy to the appellant. The Board may recommend such new legislation as may be necessary. 2 Updated 6/16/2009 • Cultural Heritage Committee Bylaws Amended by Resolution No. 10096 (2009 Series) Article 1. Purpose The Cultural Heritage Committee promotes the preservation of architectural, archaeological, historical and cultural resources in San Luis Obispo, by: a. Helping the public pursue cultural resource preservation projects. b. Sponsoring educational programs and research which improves our understanding of the community's history and archaeology. c. On request, commenting on the effects of public and private actions on community cultural resources. d. Helping with the administration of City- sponsored benefit programs. Article 2. Compliance with Other Requirements The functioning of the Cultural Heritage Committee and all of its actions and decisions shall be in compliance with the provisions of the Advisory Body Handbook and with the provisions of City Resolution 6593 (1989 Series). Article 3. Membership A. The CHC will have seven members appointed by the City Council. Members must be residents and registered voters of the City. If possible, membership of the committee should include a person knowledgeable in local history, a person with training or experience in structural rehabilitation, a person knowledgeable on local archaeology, and a person with knowledge of architecture. B. If possible, the committee should include one resident from each of the five Historical Preservation Districts created but the Council is not limited to this district residency requirement when making appointments. Article 4. Terms of Appointment Members shall be appointed by the City Council for an initial term of a maximum of four years and may be reappointed for additional terms, not exceeding a total of eight years. Article 5. Officers A. A Chairperson and Vice - Chairperson shall be elected by the committee at its first . meeting in April for one -year terms. No person may serve in the office of Chairperson or Vice - Chairperson for more than two consecutive terms. CHC Bylaws, June 2009 • Page 2 B. The Chairperson shall preside over all committee meetings, vote on all matters, appoint all subcommittees, call special meetings, and submit an annual report and budget to the committee for approval and presentation to the City Council. C. The Vice - Chairperson shall serve in the absence or incapacity of the Chairperson and perform such other duties as requested by the Chair. Article 6. Meetings A. The committee shall hold a regular meeting each month. All meetings shall be open to the public. Regular meetings shall be held at 5:30 p.m. on the fourth Monday of each month in the City Council Hearing Room, City Hall, 990 Palm Street, San Luis Obispo, California. B. A quorum shall consist of a majority of the established members. C. All action of the committee shall be decided by a majority vote or consensus of the quorum directed through the Chairperson. D. Minutes of each meeting shall be forwarded to the City Council and be available as a public record. E. The Chairperson or any three members of the committee may call a special meeting, provided that all public notice requirements are met. F. All committee meetings shall be conducted according to City practices, customs, and policies. Robert's Rules of Order, Newly Revised, may be used as a guideline. G. All members present must vote, except when a member declares a conflict of interest. Any member declaring a conflict of interest shall not vote or participate in any related deliberations or action of the committee. Article 7. Absences and Resignations A. If a member fails to attend three consecutive regular-meetings or a total of six regular meetings within any 12 months, the member shall automatically be considered for replacement. The Chairperson of the committee shall inform the Council of such a situation and explain any special circumstances. B. Committee members are responsible for notifying the Chairperson or the Secretary in advance when an absence is anticipated. C. If a member needs to resign from the committee, the member shall immediately direct a letter to the City Council with copies forwarded to the committee Chairperson and City Clerk. CHC Bylaws, January 2009 Page 3 Article 8. Subcommittees A. Subcommittees shall be appointed, as needed, by the Chairperson. Subcommittees may include non - committee members who shall have no voting power. Article 9. Amendments Bylaw amendments shall be submitted for Council approval by an affirmative vote of the members present at a regular meeting of the committee, provided that such amendments shall have been discussed by the committee on the agenda of at least two meetings prior to the vote. The members shall receive the proposed amendments at least 10 days prior to the first meeting. Updated 2/6/2009 • BYLAWS 0 HUMAN RELATIONS COMMISSION CITY OF SAN LUIS OBISPO Amended by Resolution No. 10096 (2009 Series) ARTICLE 1. PURPOSE It is the purpose of the Human Relations Commission to advise the Council in its actions to create an environment within the City in which all persons can enjoy equal rights and opportunities regardless of race, religion, sex, sexual orientation, national origin, age, physical, mental or economic status. The Human Relations Commission shall make recommendations to the City Council or the City Administrative Officer on how these social concerns and human needs can best be addressed. ARTICLE 2. MEMBERSHIP AND TERMS OF OFFICE The HRC has seven members. Members must be residents and registered voters of the City. While there are no special qualifications for applicants, the Council usually seeks individuals with experience, or a demonstrated interest in, community social issues. Commissioners shall be appointed by the City Council for terns of four (4) years, commencing. on April 1 st. Commissioners shall serve at the pleasure of the City Council. Any Commissioner may be reappointed, provided that no appointee shall serve more than two (2) consecutive terms (8 years). ARTICLE 3. MEETINGS A The Commission shall hold a regular meeting each month but not less than ten (10) times a year. B Regular meetings will be held generally on the first Wednesday of the month at a specified time and place. C The Commission meetings shall be open to the public and shall be held at City Hall in the Council Hearing Room or other previously announced locations at specific rimes as required by California law. D A quorum shall consist of a majority of the established Commissioners. E All actions of the Commission shall be decided by a majority vote, or consensus and shall be directed through the Commission Chair. F Minutes of each meeting shall be forwarded to the City Council and be available as a public record. G The Chairperson or any three members of the Commission may call a special meeting providing a week's prior notice is given in writing to each member. H All Commission meetings shall be conducted according to Robert's Rules of Order. I All members present must vote, except when abstaining due to a declared conflict of interest. J Any member with a declared conflict of interest shall not vote on or participate in any discussion of any item or in any manner attempt to influence the decision on that item. ARTICLE 4. SUBCOMMITTEES Subcommittees consisting of less than a quorum of the Commission shall be appointed, as needed, by the Chairperson. Study committees may include non - commission members who shall have no voting power. ARTICLE 5. OFFICERS A The officers shall be a Chairperson and a Vice - Chairperson who shall be elected at the Commission meeting in April for one -year terms. B The Chairperson shall preside over all meetings of the Commission, prepare all meeting agendas and perform such duties as directed by the Commission. C The Vice - Chairperson shall serve in the absence or incapacity of the Chairperson. 0;A Its) 4x.•);1i;4arr:1u The Commission shall develop a workplan on an annual basis. The workplan shall be a description of the activities that will be undertaken in order to meet the goals and objectives of the Commission. ARTICLE 7. AMENDMENTS By law amendments shall be submitted for Council approval by an affirmative vote of the members present at a regular meeting of the Commission, provided that such amendments shall have been discussed by the Commission on the agenda of at least two meetings prior to the vote. The members shall receive the proposed amendments in writing at least ten (10) days prior to the first reading. 2 BY -LAWS JACK HOUSE COMMITTEE CITY OF SAN LUIS OBISPO Amended by Resolution No. 10096 (2009 Series) ARTICLE 1. PURPOSE The Jack House and Grounds were deeded to the City of San Luis Obispo on March 10, 1975. In accepting the deed the City agreed to appoint a committee of seven members to advise the Council on the House and Grounds. The Jack House Committee is charged with the responsibility to advise the City Council on matters concerning: Facility use, fees and charges, capital improvements, and any other item affecting the House and Grounds. ARTICLE 2. COMMITTEE MEMBERSHIP The grant deed requires that persons with special expertise fill four of the seven seats on the Jack House Committee. The City Council has resolved that due to these special conditions and requirements, members may serve terms of undetermined length, the choice being left to individual committee members. Committee membership shall be as follows: 1. A member of the San Luis Obispo County Historical Society. 2. One member of the faculty, current or retired, of California Polytechnic State University College of Architecture and Environmental Design, preferably an architectural historian. 3. One member of the faculty, current or retired, of California Polytechnic State University College of Agriculture, preferably a horticulturist. 4. A member of the San Luis Obispo Parks and Recreation Commission. 5. A member at large (must reapply when term expires). 6. A member at large (must reapply when term expires). 7. A member at large (must reapply when term expires). Members are required to be residents and registered voters of the City. The docent chair shall serve as an ex- officio (non- voting) member and shall not count toward a quorum. ARTICLE 3. MEETINGS A. The Committee shall hold a regular meeting each month but not less than ten (10) times a year. B. Meetings will be held at 5:30 P.M. the second Wednesday of each month. C. The Committee meetings shall be open to the public and shall be held at the Parks and Recreation Department Office, the Jack House or any other previously announced locations at specific-times as required by California law. D. A quorum shall consist of a majority of the established Committee members. E. All actions of the Committee shall be decided by a majority vote or consensus and shall be directed through the Committee Chair. F. Minutes of each meeting shall be forwarded to the City Council and be available as a public record. Updated 6/16/2009 9 0 G. The Chairperson or any three members of the Committee may call a special meeting providing a week's prior notice is given in writing to each member. H. All Committee meetings shall be conducted according to City practices, customs, and policies. Robert's Rules of Order, Newly Revised, may be used as a guideline. I. All members shall vote. Any member with a declared conflict of interest shall not vote on or participate in any discussion of any item or in any manner attempt to influence the decision on that item. .ARTICLE 4. SUBCOMMITTEES Subcommittees consisting of less than a quorum of the Committee shall be appointed, as needed, by the Chairperson. Study committees may include non - committee members who shall have no voting power. ARTICLE 5. OFFICERS A. The officers shall be a Chairperson and a Vice - Chairperson who shall be elected at the Committee meeting in April for one -year terms. B. The Chairperson shall preside over all meetings of the Committee, assist in preparing all meeting agendas and perform such duties as directed by the Committee. C. The Vice - Chairperson shall serve in the absence or incapacity of the Chairperson. ARTICLE 6. STAFF The Director of Parks and Recreation or designate is the staff liaison to the Jack House Committee. The Director may designate such other staff as is necessary to provide support to the Committee. Public Works staff shall give assistance to the Committee on a regular basis. ARTICLE 7. WORK PLAN The Committee shall develop a work plan on an annual basis. The work plan shall be a description of the activities that will be undertaken in order to meet the goals and objectives of the Committee. ARTICLE 8. AMENDMENTS Prior to May 1, in each odd number year, these by -laws shall be reviewed by the Committee. By- law amendments shall be submitted for Council approval by an affirmative vote of the members present at a regular meeting of the Committee, provided that such amendments shall have been discussed by the Committee on the agenda of at least two meetings prior to the vote. The members shall receive the proposed amendments in writing at least ten (10) days prior to the first meeting. 2 Updated 6/16/2009 • o RESTATED BYLAWS OF THE ADVISORY COMMITTEE ON JOINT USE OF RECREATIONAL FACILITIES Amended by Resolution No. 10096 (2009 Series) I. PURPOSE The Advisory Committee on Joint Use of Recreational Facilities [The Committee] provides recommendations to the City Council of the City of San Luis Obispo and the San Luis Coastal Unified School District Board of Trustees regarding those facilities that have been mutually designated as Joint Use Facilities; and for the operation of the recreational facilities, priority for use of the facilities, and development of new recreational facilities in Sinsheimer Park. The Committee provides recommendations to the City Council on Joint Use Agreements between the City and other appropriate agencies for the Joint Use of Facilities. The Committee provides recommendations for the expenditure of those funds designated by the City Council for the improvement of joint use recreational facilities. II. STAFF The Committee is staffed by the Director of Parks & Recreation, the Recreation Manager, a minute taker designated by the Manager, and the Parks Maintenance Supervisor. A staff member from the San Luis Coastal Unified School District shall serve as a liaison to the Committee. III. MEMBERSHIP AND TERMS OF OFFICE Membership in the committee consists of seven (7) members appointed by majority vote of the City Council. Terms are for four years. Members must be residents and registered voters of the City. One member shall be a representative of the Parks and Recreation Commission. The terms shall commence on April 1 of each year. No appointee shall serve on the joint use committee for more than two (2) consecutive, full terms (8 years). Updated 6/16/2009 • o A mid -term appointment to a vacant seat shall not preclude the appointee from serving two additional consecutive full terms, provided that the initial, partial term served is less than one (1) year. IV. OFFICERS In April, at its regular meeting, the membership shall elect a chairperson, vice chairperson and such other officers- as may be needed. The term of office of the chairperson and vice chairperson shall be one (1) year, commencing upon election. No person shall serve in the office of chairperson or vice chairperson for more than two (2) consecutive terms. For the purposes of this section, completion of a partial term of office as chairperson or vice chairperson shall not preclude an advisory body member from serving two (2) additional consecutive full terms, provided that the partial term served is less than six (6) months. The chairperson shall preside over all meetings of the committee, approve meeting agendas, attend the Mayor's Quarterly Meetings, and perform such other duties as directed by the committee. V. MEETINGS Unless otherwise designated, regular meetings of the committee shall be held monthly on the fourth (4th) Tuesday of each month at twelve o'clock (12:00) noon at the Ludwick Community Center and shall be open to the public. Special meetings may be called by the chairperson or any three (3) members of the committee, provided that seven (7) days prior notice is given to each member. In any event, meetings shall always be held within the jurisdictional limits of the City of San Luis Obispo, shall be open and public meetings and notice shall be given of the meetings to any requesting party at least twenty-four (24) hours prior to the meeting. A quorum shall consist of a majority of the established members. All committee meetings shall be conducted according to City practices, customs, and policies. Roberts Rules of Order, Newly Revised, may be used as a guideline. 2 Updated 6/16/2009 0 VI. COMMITTEES • A Subcommittee may be appointed, as needed, by the chairperson. A quorum of a subcommittee shall consist of a majority membership of that subcommittee. VII. AMENDMENTS Prior to May 1 in each odd numbered year; these bylaws shall be reviewed by the Committee. Any proposed changes shall be submitted to the City Council and the School Board for approval. If no changes are proposed, a report of the review shall be submitted. These bylaws may be amended by the majority vote of the committee members present at a regular meeting, provided that a quorum is present. Members shall receive the proposed amendments at least ten (10) days prior to the meeting in which amendment is proposed. IN WITNESS WHEREOF, we, the undersigned, being the Chairperson and Vice Chair of the Advisory Committee on Joint Use of Recreational Facilities, do certify that the Restated Bylaws set forth above constitute the bylaws of the said committee adopted on February 27, 2007. DATED: ATTEST: Nancy Cochran, Chair Terry Conner, Vice Chair 3 Updated 6/16/2009 0 BYLAWS 0 MASS TRANSPORTATION COMMITTEE CITY OF SAN LUIS OBISPO Amended by Resolution No. 10096 (2009 Series) ARTICLE 1. PURPOSE The purpose of the Mass Transportation Committee is to advise City staff and the City Council on all matters related to public transportation in San Luis Obispo (buses, trolley, and taxi). ARTICLE 2. COMMITTEE MEMBERSHIP The Committee has seven voting members, consisting of one Cal Poly employee designated by Cal Poly and one Cal Poly student representative designated by Associated Students, Inc. (ASI); one senior citizen (62 years of age or older); one person from the business community; one person with technical transportation planning experience; one disabled person; one member -at- large, and one student. In addition, when possible, two alternate members selected from the general public will be appointed. The Cal Poly and technical planning representatives are exempt from the residency requirements. All other members must be residents and registered voters of the City. ARTICLE 3. TERMS OF OFFICE Committee members will be appointed by the City Council to staggered terms of four years. Committee members will serve at the pleasure of the City Council. Any Committee member may be reappointed, providing no appointee serves more than two consecutive terms (8 years). A member who has served 8 years can be reappointed after a one year absence from the Committee. ":710 [1@"ai�0 t al 1I laKI A. The Committee will hold a regular meeting at least quarterly. B. The Committee will approve an annual regular meeting schedule by June of each year. C. The Committee meetings will be open to the public and held at the Council Hearing Room City Hall, or other previously announced locations. D. A quorum will consist of a majority of the established Committee members. E. All actions of the Committee will be decided by a majority vote or consensus and will be directed through the committee chair. Updated 6/16/2009 • o F. Minutes of each meeting will be available as a public record in the Public Works Department. G. The Chairperson or any four members of the Committee may call a special meeting, provided that a week's prior notice is given in writing to each member. H. All Committee meetings will be conducted in accordance with City practices, customs, and policies. Roberts Rules of Order, Newly Revised, may be used as a guideline. I. All members present must vote, except when abstaining due to a declared conflict of interest. A failure or refusal to vote when present (except for a declared conflict of interest) will be construed as an affirmative vote. J. Any member with a declared conflict of interest will not vote or participate in any discussion of any item or in any manner attempt to influence the decision on that item. K. If, or when a voting member of the MTC is absent from an MTC meeting, one of the Alternate members shall take the place of the voting member in order to maintain as many voting members as possible. If only one voting thember of the MTC is absent, choice between the two alternates will be decided by a fair game of chance such as a coin flip or role of the die performed by the Chairperson of the MTC. ARTICLE 5. SUBCOMMITTEES Subcommittees consisting of less than a quorum of the Committee can be appointed as needed by the Chairperson. ARTICLE 6. OFFICERS A. The officers will consist of a Chairperson and Vice - Chairperson who will be elected at the Committee meeting in April or May for one year terms that commence the first meeting of the next fiscal year.. B. The Chairperson will preside over all meetings of the Committee, prepare (with the assistance of staff) all meeting agendas and perform such duties as directed by the Committee. C. The Vice - Chairperson will serve in the absence or incapacity of the Chairperson. ARTICLE 7. POLICIES The Committee adopts policies as stated in the City of San Luis Obispo Advisory Body Handbook, incorporated herein by reference. 2 Updated 6/16/2009 • • City of San Luis Obispo Parks & Recreation Commission Bylaws Amended by Resolution No. 10096 (2009) I. PURPOSE The Parks & Recreation Commission is a body of citizens appointed to advise the City's Parks & Recreation Department and the City Council on the development and operation of recreation programs and parks, and on the implementation of the Parks and Recreation Element of the City's General Plan. H. MEMBERSHIP A. The Parks and Recreation Commission shall consist of 7 members who are residents and registered voters of the City. B. Members are appointed by the City Council for a term of four years. Members are eligible for reappointment for an additional four year term. Members are subject to a term limit of consecutive eight years.. III MEETINGS A. Regular meetings of the Parks & Recreation Commission shall be held on the first Wednesday of each month at 7:OOpm, except for the month of July when the Commission will participate in an annual tour of the City's parks and facilities. B. Meetings will be held in the City Council Chambers, 990 Palm Street. In the event that the Parks & Recreation Commission chooses to hold all or any portion of a regular meeting other than at City Hall, then the place of such meeting shall be posted at least 72 hours in advance at the Parks & Recreation Department office, 1341 Nipomo and on the bulletin board located at the entrance to the City Council Chambers prior to the established meeting time. IV ELECTION OF OFFICERS A. In April of each year, the Parks & Recreation Commission shall select a Chair and Vice Chair from among its members to serve a one year term. B. Commissioners shall serve as Chair or Vice Chair at the discretion of the Commission. C. The Chair shall preside at all meetings of the Parks & Recreation Commission. The Vice Chair will act as the Chair in the absence of the Chair or in case of the inability of the Chair to act. D. In the event that the Chair and Vice Chair are unavailable to attend to their duties, the assembled members shall determine a Temporary Chair. E. No person shall serve as Chair or Vice Chair for more than three consecutive terms. Updated 6/16/2009 • O V. CONDUCT OF MEETINGS All meetings will be conducted in accordance with City practices, customs, and policies. Robert's Rules of Order, Newly Revised shall be utilized as a guide in the conduct of meetings. VI. QUORUM Four members of the Parks & Recreation Commission shall constitute a quorum for the purposes of conducting business. VII. VOTING A. Except as otherwise provided in the San Luis Obispo Municipal Code and state law, no resolution, motion or other action shall be passed or become effective without receiving the affirmative vote of at least a majority of the members present. B. Failure to receive such an affirmative vote shall result in failure or denial, as appropriate, of the motion, resolution or other action. C. Except as allowed under the Political Reform Act of 1974, as amended, any member abstaining due to a declared conflict of interest shall not participate in the discussion of the items or otherwise influence or attempt to influence in any manner the decision on the item. D. All members, when present, must vote except when abstaining due to a declared conflict of interest. E. Failure or refusal to vote when present — except for a declared conflict of interest — shall be counted as an affirmative vote. VIII. PUBLIC RECORDS Records of all public hearings shall be made available to the public in the offices of the Parks & Recreation Department. IX. ATTENDANCE Any member of the Parks & Recreation Commission who fails, for any reason, to attend three (3) consecutive regular meetings or a total of six (6) regular meetings within any 12 month period shall be automatically considered for replacement by the City Council. The Chairperson of the Parks & Recreation Commission shall inform the Council of such a situation, explaining any special circumstances. X. COMMITTEES A. A member of the Parks & Recreation Commission shall represent the Commission and sit as a voting member on the following City advisory bodies: Advisory Committee on Joint Use of Recreational Property, Jack House Committee and Tree Committee. B. Additional committee assignments shall be made as deemed necessary by the Chair. C. Committee assignments will be made in April of each year. XI. AMENDMENTS 2 Updated 6/16/2009 • o A. These bylaws may be recommended for amendment by the majority vote of the Commission members present at a regular meeting, provided that a quorum is present. Members shall receive the proposed amendments at least seven (7) days prior to the meeting in which the amendment is proposed. B. Prior to May 1 in each odd numbered year, these bylaws shall be reviewed by the Commission. Any proposed changes shall be submitted to the City Council for approval. If no changes are proposed, a report of the review shall be submitted. IN WITNESS THEREOF, we, the undersigned, being the Chair and Vice Chair of the Parks & Recreation Commission; do certify that the Bylaws set forth above constitute the bylaws of the said commission adopted on , 2007. Date: Attest: Chair, Parks & Recreation Commission Vice Chair, Parks & Recreation Commission 3 Updated 6/16/2009 ! • CITY OF SAN LUIS OBISPO PERSONNELBOARD BY -LAWS Amended by Resolution No. 10096 (2009 Series) ARTICLE 1. PURPOSE It is the purpose of the Personnel Board to hear employee appeals from disciplinary action and to review employee grievances. The Board shall then make advisory recommendations to the City Council. The Personnel Board shall also perform other duties pertaining to personnel management as directed by the City Council. ARTICLE 2. MEMBERSHIP AND TERMS OF OFFICE Five (5) members of the Personnel Board shall be appointed by the City Council and shall serve for terms of four (4) years. Members must be residents and registered voters of the City. a. Appointments will be made in a staggered every other year pattern, such that two (2) members' terms will expire during a given year and the terms of the other three (3) members will expire two (2) years later. b. Any vacancies on the Personnel Board shall be filled for the unexpired term of the person replaced. c. Members shall be appointed for no more than two (2) consecutive terms (8 years).. ARTICLE 3. OFFICERS The officers shall be a Chairperson and a Vice- Chairperson who shall be elected at the first meeting of alternate calendar years to serve two-year terms. a. The Chairperson shall preside over all meetings of the Personnel Board, subpoena witnesses and require the production of books, papers and any other materials pertinent to the investigation or hearing. b. The Vice - Chairperson shall serve in the absence of the Chairperson. 1 Updated 6/16/09 c. The City Attorney's Office shall serve as legal advisor to the Board, preparing necessary documents for the Board to review in advance of the hearing and during deliberations after the hearing. However, if the City Attorney's Office represents a City Department during the hearing on an employee disciplinary action or grievance, outside counsel will be provided to serve as legal advisor to the Board. d. The Director of Human Resources or his or her designee shall serve as recording secretary, keeping record of all meetings, and shall issue all necessary notices, copies of agendas, minutes and copies of necessary documents. ARTICLE 4. MEETINGS a. The Personnel Board shall meet as needed. b. Three (3) members of the Board shall constitute a quorum for the transaction of business. However, for the purpose of a hearing on appeal of a disciplinary action, no Board member may vote on a decision if absent from part of a hearing, unless such member certifies that he /she listened to a recording of or read the transcript of the missed portion of the hearing. c. Pursuant to Personnel Exception of the Brown Act (Government Code Section 54957), a meeting may be closed to the public at the request of any appellant when the pending issue deals with a particular employee. d. The Chairperson or the legal advisor to the Board shall administer oaths to all witnesses appearing before the Board. Any regular officer or employee of the City who fails to take the oath or fails to testify truthfully under oath at a hearing shall be subject to disciplinary action. e. All grievance and disciplinary appeal hearings shall be tape recorded. f. At the request of the appellant, a court reporter shall be used. The cost of the court reporter shall be paid as agreed upon by both sides. g. All actions of the Board shall be decided by majority vote, and shall be directed through the Board Chairperson. 2 Updated 6/16/09 ® • h. The Board may meet with its legal advisor, as needed and outside the presence of any other persons, to receive opinions and advice. i. The Board may direct the parties to submit hearing briefs outlining the facts and arguments to be presented prior to any hearing. The Chairperson shall establish a schedule for submission of the hearing briefs. ARTICLE 5. AMENDMENTS At such time as these by -laws need to be amended, the Director of Human Resources shall meet and determine an appropriate procedure for making such amendment(s). 3 Updated 6/16/09 • o Planning Commission Bylaws Amended by Resolution No. 10096 (2009 Series) MEMBERSHIP The Planning Commission has seven members who are not necessarily planning professionals. Members must be residents and registered voters of the City. No special training is required for appointment. Members occasionally may be requested to attend seminars and workshops to enhance skills in planning. 1. Meetings A. Regular meetings shall be held at 7:00 p.m. on the second and fourth Wednesday of each month. B. No agenda item shall be introduced after 11:00 p.m. without the consent of a majority of commissioners present. C. Regular meetings shall be held in the City Council Chambers, City Hall, 990 Palm Street, San Luis Obispo, California. D. In the event the Planning Commission desires to hold all or any portion of a regular meeting at a place other than the City Hall, then the place of such meeting shall be posted on the bulletin board located at the entrance to City Council Chambers prior to the time herein designated for such regular meetings in accordance with law. II. Election of Officers A. The Commission shall select a Chairperson and Vice - Chairperson from among its members to serve for a one year term beginning April 1St of each year. B. Commissioners shall serve as Chairperson or Vice- Chairperson at the discretion of the Commission. C. The Chairperson shall 'preside at all meetings of the Commission. The Vice - Chairperson is Chairperson in the absence of the Chairperson or in case of inability of the Chairperson to act. D. No person shall serve as Chairperson or Vice - Chairperson for more than two consecutive terms. Ill. Conduct of Meetings Updated 6/16/2009 • o A. Commissioners should address questions through the Chairperson.. B. Members of the audience should address commissioners or other persons present through the Chairperson. C. Procedure for reviewing public hearing items: After roll call the Chairperson shall announce to the public the procedures to be followed to consider the public hearing items and then proceed as follows: 1. The Chairperson shall introduce the items and ask for oral staff reports. 2. The staff report precisely submitted to the Planning Commission shall be placed into the record with all communications received regarding the proposal. Staff reports shall be submitted for all public hearing items in a form acceptable to the commission. 3. The applicant shall be invited to make a presentation on behalf of the request. 4. Members of the public wishing to speak in favor or in opposition of the application shall be invited to make a presentation. 5. The applicant shall have the opportunity at the end of the public hearing to address comments made by the public and address any further commission questions. 6. The public hearing shall be closed to the public and discussion confined to members of the commission; provided that the commission may reopen the public hearing at any time prior to a decision on an item on an affirmative vote of the majority of those members present. 7. The commission, upon formal motion, shall take action to dispose of the proposal. The Chairperson shall announce the vote and thereafter, inform the applicant and public of the right of appeal and procedures for filing such appeal. IV. Quorum Four members of the Planning Commission constitute a quorum for transacting business. V. Voting 2 Updated 6/16/2009 ® V A. Except as otherwise provided in the San Luis Obispo Municipal Code and state law, no resolution, motion or any other action shall be passed or become effective without receiving the affirmative vote of at least a majority of members present. B. Failure to receive such an affirmative vote shall result in failure or denial, as appropriate, of the motion, resolution or other action. C. Except as allowed under the Political Reform Action of 1974, any member abstaining due to a declared conflict of interest shall not participate in the discussion of the items or otherwise influence or attempt to influence in any manner the decision on the item. D. All members, when present, must vote except when abstaining due to a declared conflict of interest. E. Failure or refusal to vote when present - except for a declared conflict of interest —shall be counted as an affirmative vote. VI. Public Records Records of all public hearings shall be made available to the public in the office of the Community Development Department. VII. Attendance A. Any member of the Planning Commission who fails, for any reason, to attend three (3) consecutive regular meetings, or a total of six (6) regular meetings within any 12 -month period, shall be automatically considered by the City Council for replacement. The chairperson of the Planning Commission shall inform the Council of such a situation, explaining any special circumstances. B. Any member of the Planning Commission who fails, for any reason, to attend three (3) consecutive regular, adjourned regular, or specially - scheduled (excluding Commission site visits) meetings, or a total of six (6) such commission meetings within any 12 -month period, shall be reviewed by the Chairperson for possible referral to the City Council. VIII. Policy All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered the official policy of the Planning Commission subject to ratification of the City Council. 3 Updated 6/16/2009 • o BYLAWS TREE COMMITTEE CITY OF SAN LUIS OBISPO Amended by Resolution No. 10096 (2009 Series) ARTICLE 1. PURPOSE The purpose of the Tree Committee is to advise City staff and the City Council on all matters related to trees in San Luis Obispo. ARTICLE 2. COMMITTEE MEMBERSHIP The Tree Committee shall have five members and shall consist of one (1) representative from the Parks and Recreation Commission, one (1) representative from the Architectural Review Commission, and three (3) members from the general public (one of whom shall be a horticultural expert). Members must be residents and registered voters of the City. ARTICLE 3. TERMS OF OFFICE Committee members will be appointed by the City Council to staggered terms of four years, commencing April 1. Committee members will serve at the pleasure of the City Council. Any Committee member may be reappointed, provided no appointee serves more than two consecutive terms (8 years). ARTICLE 4. MEETINGS A. The Committee will hold a regular meeting each month. B. Regular meetings will be held at 5:00 pm the fourth Monday of each month. C. The Committee meetings will be duly advertised according to the Ralph M. Brown Act, and open to the public and held at the City's Corporation Yard, located at 25 Prado Road in Conference Room A, or other previously announced locations at specific times as required by California law. D. A quorum will consist of a majority of the established Committee members. E. All actions of the Committee will be decided by a majority vote or consensus and will be directed through the Committee Chair. F. Minutes of each meeting will be available as a public record in the Public Works Department. Updated 6/16/2009 Q Tree Committee Bylaws page 2 G. The Chairperson or any three members of the Committee may call a special meeting provided that a week's prior notice is given in writing to each member and the meeting is otherwise properly noticed pursuant to the Brown Act. H. All Committee meetings will be conducted in accordance with City Practices, customs, and policies. Roberts Rules of Order, Newly Revised, shall be utilized as a guide in the conduct of meetings. I. All members present must vote, except when abstaining due to a declared conflict of interest. A failure or refusal to vote when present (except for a declared conflict of interest) will be construed as an affirmative vote. J. Any member with a declared conflict of interest will not vote or participate in any discussion of any item or in any manner attempt to influence the decision on that item. ARTICLE 5. SUBCOMMITTEES Subcommittees consisting of less than a quorum of the Committee can be appointed as needed by the Chairperson. ARTICLE 6. OFFICERS A. The officers will consist of a Chairperson and Vice - Chairperson who will be elected at the Committee . meeting in April for one year terms. B. The Chairperson will preside over all meetings of the Committee, prepare (with the assistance of staff all meeting agendas and perform such duties. as directed by the Committee. C. The Vice - Chairperson will serve in the absence or incapacity of the Chairperson. ARTICLE 7. POLICIES The Committee adopts policies as stated in the City of San Luis Obispo Advisory Body Handbook, incorporated herein by reference. Updated 6/16/2009