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HomeMy WebLinkAboutR-6911 Advisory Body Handbook ReviseRESOLUTION NO. "" (1990 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE REVISED HANDBOOK FOR ADVISORY BODIES AND RESCINDING RESOLUTION NO. 6506 (1988 SERIES) BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. That certain document attached hereto marked Exhibit W' and incorporated herein by reference is hereby adopted as the handbook for advisory bodies and Resolution No. 6506 (1988 Series) is hereby rescinded. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the handbook for advisory bodies to all department heads employed by the City of San Luis Obispo and all advisory body chairs. On motion of Councilman Reiss , seconded by Councilman Roalman , and on the following roll call vote: AYES: Councilmembers Reiss, Roalman, Rappa, and Mayor Dunin NOES: None ABSENT: Councilwoman Pinard the foregoing resolution was passed and adopted this 18th day of December, 1990. ATTEST: .0 Pam Voges, City Jerk APPROVED: City A 'nistrative Officer City Clerk P. A Q 1 1 C4 ADVISORY BODY HANDBOOK City of San Luis Obispo California First Adopted June 16, 1981 Amended December 18, 1990 Resolution No. 6911 TABLE OF CONTENTS Mission Statement Page Introduction . . . . . . . . . . . . . . . . . . . . . . 1 How Our City Government Works . . . . . . . . . . . . . . . 2 A City Charter . .. . . . . . . . . . . . . . . . . . . 2 B. City Council . . .. . . . . . . . . . . . . . . . 2 C. Role of Council liaison Members . . . . . . . . 2 D. Role of City Staff Persons . . . . . . . . . . . . 2 E. Council Appointed Officers . . . . . . . . . . . 3 F. Operational Departments . . . . . . . . . . . . . 3 Advisory Bodies. . . . . . . . . . . . . . . . . . . 6 A. Background . . . . . . . . . . . . . . . . . 6 B. Policies . . . . . . . . . . . . . . . . . . 7 1. Communications . . . . . . . . . . . . . 7 2. Absences, Leaves of Absence, Resignations . . . . . . 8 3. Bylaws and Procedures . . . . . . . . . . . 8 4. Functional Review . . . . . .. . . . . . . . . . . 9 5. Officers . . . . . . . . . . . . . . . . . . . . . 9 C. Membership Qualifications and Appointment Process . . . . . . 10 D. Term of Office . . . . . . . . . . . . 11' E. Ethics and Conflicts of Interest . . . . . . . . . . . . 11 F. Removal From Office . . . . . . . . . . . . . 12 G. Awards and Recognition . . . . . . . . . . . . . 12 IV. Architectural Review Commission . . . . . . . . . . . . . . . 13 V. Cultural Heritage Committee . . . . . . . . . . . . 15 VI. Human Relations Commission . . . . . . . . . . . . . . . . 17 VII. Parks and Recreation Commission . . . . . . . . . . . . . . 19 VIII. Personnel Board . . . . . . . . . . . . . . . . . . . 20 . c o IX. Planning Commission . . . . . . . . . . . . . . . . 22 X. Promotional Coordinating Committee . . . . . . . . . .' . . 24 XI. Technical and Special Purpose Advisory Bodies . . . . . . . . . . 26 .. Summary Description of Special Purpose Bodies . . . . . . . . 27 XII. Business Improvement Association Advisory Board . . . . . . 32 XIII. Housing Authority Board of Commissioners . . . . . ... . 26 XIV. Appendices .. . . . . . . . . . . . . . . . . . 34 Application of the Brown Act to City Boards and Commissions . . . 34 Summary Description of Advisory Bodies . . . . . . . . . . . 35 C o SAN LUIS OBISPO STYLE Quality With Vision WHO ARE WE? People Sensing People e A team that puts high value on each citizen it serves. Providers of programs that meet basic service needs of each citizen.. Enhancers of the quality of life for the community as a whole. WHAT DO WE STAND FOR? Quality in all Endeavors— Pride in Results Y Service to the community -- the best — at all times. Respect -- for each other and for those we serve. Value — ensuring delivery of service with value and cost. Community involvement — the opportunity to participate in attaining the goals of the City. WHERE ARE WE GOING? Into the Future with a Design Planning and managing for levels of services consistent with the needs of the citizens. Offering skills development and organizational direction for employees in order to improve the delivery of municipal services. Developing sources of funding and establishing a sound financial management program which will result in fiscal independence and flexibility in the delivery of city services. Providing the residents of the City with accurate and timely information on issues which affect them, and encouraging the full utilization of city services. Promoting the city as a regional trade, recreational and tourist center and improving the quality of life for residents and visitors. I. INTRODUCTION Welcome to San Luis Obispo City Government! Thank you for your interest in searing on one of our citizen advisory bodies, and congratulations for volunteering your time and skills to help us improve our community. Serving on one of the City commissions, committees, or boards can be a fascinating and rewarding experience. These citizen bodies are charged with formulating new ideas, gathering crucial information, receiving public testimony and comments, analyzing complex issues, and making recommendations on specific projects and broad policy -=all toward helping the City government make better- informed decisions. As you may realize, it isn't always easy. Issues are often more complex than anticipated, public opinion can be sharply divided, questions may overlap, and sometimes the province of one body may also be the territory of another. Rarely are answers easy: This handbook serves a twofold purpose: (1) to give interested persons an understanding of how the City's advisory bodies have been established and how they function generally within the overall governmental framework, and (2) to summarize the role and charge of each body. This is a basic handbook, designed to explain; 1. What each advisory body is trying to accomplish; 2.. How one .advisory body relates to others; 3. Procedures; 4. Each advisory body's place in the overall system of city government; and 5. The responsibilities of an advisory body member. We hope this information Will answer many of your questions, get you off to a good start, and contribute to your satisfaction in serving the citizens of the City of San Luis Obispo. 1 0 0 11. HOW OUR CITY GOVERNMENT WORKS A. CITY CHARTER The basic framework for San Luis Obispo's municipal government is the City Charter, originally adopted in 1876. The Council of a chartered city is given more legislative flexibility and authority than a general law city. Council and the citizens of San Luis Obispo may vote to amend their Charter. A major revision was adopted in 1978. B. CITY COUNCIL The City Charter provides for an elected, five - member City Council as the governing body of the City. Four Council members serve staggered four -year terms (two are elected. every two years). The fifth member is the Mayor who is elected for a two -year term. City Council elections are held in November of odd- numbered years. Regular Council meetings are held on the first and third Tuesdays of each month in the Council Chamber of City Hall. In addition, special or additional regular meetings and study sessions are held from time to time as the need arises. The Council has the power to make and enforce all laws and regulations relating to municipal affairs, subject to the limitations of the City Charter, the United States and California Constitutions, and certain state statutes. Mostfinal decisions on city taxes and fees, budgets, city policy, and general plan and land use issues, policies, and matters are made by the City Council. C. ROLE OF COUNCIL LIAISON MEMBERS The Liaison Council is designed to: • Facilitate communication between the Council and the advisory body; • Increase the Council's familiarity with the membership, programs and issues of the advisory body; o Interview applicants and make recommendations for appointments to the full Council; and • From time to time attend commission meetings for observation purposes only. D. ROLE OF CITY STAFF PERSONS. Staff support and assistance may be provided or made available, but advisory bodies do not have supervisory authority over city employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the GAO and Council. The members are responsible for the functions of the advisory body and the chairperson is responsible for committee compliance with the policies outlined in this handbook. 2 Staff support includes preparation of a summary agenda after approval by the Chairperson, and preparation of agenda reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate backup material, if necessary. Advisory body members should have sufficient information to reach decisions based upon a dear explanation of the issues. The assigned staff person serves as Secretary, taking minutes as needed. It is important that recommendations advisory bodies wish to communicate to the City Council are made through adopted or approved Council agenda procedures. Staff members shall assist the advising body chair to insure appropriate legal review or city and state legislation is complied with. E. COUNCIL - APPOINTED OFFICERS City Administrative Officer - The City Charter requires the Council to appoint an executive to run the City's day -to -day operations. The City Administrative Officer (CAO) is directly responsible to the Council for all City activities. The operational departments, through their directors, are responsible to the CAO. City Attorney - The City Attorney provides legal services and advice to the Council, the CAO, departmental staff, advisory bodies and other city agencies or officials. The City Attorney represents the City in court, prepares ordinances and other legal documents, and prosecutes cases involving violations of city laws. The City Attorney is appointed by and is directly responsible to the Council. City Clerk - The City Clerk prepares Council agendas and records the minutes, conducts city elections, maintains city records, administers certain insurance programs, formal bids, appointment process of advisory bodies, codification of ordinances, claims against the city, legal publications, posting, and advertising, administers oaths, and serves as secretary to the Council. The City Clerk is appointed by and is directly responsible to the Council F. OPERATIONAL DEPARTMENTS Finance - The Finance Director /City Treasurer is the City's fiscal agent who collects money, pays bills, controls assets and financial operations, supervises cash management, provides centralized accounting, and provides the framework for financial planning. The Finance Department does the billing and collection of charges for water, sewer and garbage and administers business licenses, bicycle licenses, and the transient- occupancy tax levied on hotel /motel room rentals. The Finance Director /City Treasurer is appointed by and is responsible to the CAO, with Council confirmation of the Treasurer designation. 3 C Personnel - The Personnel Department conducts a comprehensive personnel management program to attract and retain competent city employees. The Director is responsible for recruiting, testing, classifying, evaluating and training employees, evaluating employee salaries, administering the City's personnel rules and affirmative action program and monitoring the City's self - insuring program. The Personnel Director is appointed by and is responsible to the CAO. Community Development - The Community Development. Department has two divisions, both under the direction of the Community Development Director who is appointed by and is responsible to the CAO. The Planning Division of this department, is responsible for: (1) Drafting the City's general plan and its various elements, (2) Developing programs and ordinances (such as the Zoning Regulations) which implement general -plan policies, (3) Reviewing development projects, and (4) Enforcing zoning and other planning requirements., The Construction Regulation Division ('Building Division') administers state and local building codes and is responsible for ensuring safe and sound public and private construction. Its staff issues building permits, checks building plans, and inspects code - regulated work at construction sites. Public Works - The Public Works Department is a large one and consists of the Administration, Transportation, Buildings and Parks Maintenance, and Engineering Divisions, all under the direction of the Public Works Director who is appointed by and is responsible to the CAO. This department has numerous and varied responsibilities related to the design, operation, and maintenance of city facilities. These include the sewer and water lines, streets and sidewalks, traffic controls, city parking lots and meters, waterways, municipal buildings, and parks and public -area landscaping. Utilities -The Utilities Department is responsible for providing safe and aesthetically pleasing drinking water in accordance with State Health Services requirements. Wastewater collection and treatment to meet state and federal requirements is also provided. The Utilities Director is appointed by and is responsible to the CAO. Recreation - The Recreation Department plans and manages recreational activities at city parks and recreational facilities. The "Rec" department's goal is a diverse program Of leisure activities. With the assistance of the Parks and Recreation Commission, the department plans the development of parks and recreational facilities and actively seeks state and federal grants to help pay for park. projects, consistent with the Parks and Recreation Element of the General Plan. The department is headed by the Recreation Director-who is appointed by and is responsible to the CAO. Police - In addition to the traditional activities of enforcing traffic and other laws, helping citizens in all types of situations, and investigating crimes, the Police Department promotes community safety. It conducts crime - prevention programs and is responsible for various other programs such as school - safety patrols.. This department is under the direction of the Chief of Police who is appointed by and is responsible to the CAO. 4 Fire - The Fire Department does more than fight fires. Its basic purpose is to protect people and property, not just from fire, but also from floods, earthquakes, transportation accidents, and other disasters. It promotes public safety by educating the public about fire hazards, by inspecting commercial, industrial and public buildings, and by inspecting private property for weeds and debris that could be a fire hazard or public nuisance. Fire personnel also respond to medical emergencies. This department is under the direction of the Fire Chief who is appointed by and is responsible to the CAO. 5 III. ADVISORY BODIES A. BACKGROUND The Council encourages active citizen participation in the business of city government. Advisory committees and commissions provide an opportunity for interested residents to participate in the governing of their community under guidelines and procedures established by the Council. Advisory bodies can improve the quality of city government by providing the Council with resources to make better - informed decisions. Because of the nature of various advisory bodies, they can serve as the °eyes and ears" Of the Council for issues and matters that otherwise might not receive the attention and service deserved. Other benefits of committees: and commissions include improvement in the lines of communication between the public and the Council, greater opportunities for discussion of public issues, and involvement of more people in city government. There is considerable variety in the purpose or charge of these bodies. Some are required by State law or the Charter and directed to guide certain city activities such as planning or personnel. Others function to give new ideas, a variety of views, additional expertise, or the opportunity to test recommendations. The authority of an advisory body will depend upon its specific purpose. Some have been delegated specific authority to approve or deny projects. For example, the Architectural Review Commission is empowered to make final decisions on sign permits and some building projects; the Planning Commission makes recommendations on certain types of land -use applications and makes final decisions on other matters such as use permits and certain variances. Generally, decisions made by an advisory body may be appealed to the Council.. Generally, advisory bodies are empowered. only to make recommendations to the Council or to the city staff, unless specifically authorized by law or Council to do otherwise. There should be a two -way communication, to commissions are aware of long -term goals the Council has adopted, and the Council is receptive to new ideas presented by the advisory bodies. The Council may not always accept the recommendation of an advisory body because of additional information available or a need to balance the recommendation with policy or community priorities. Commission members are encouraged to attend Council meetings. Some of the bodies report directly to the Council; some make their recommendations to or through specific departments. Some bodies have no connection with any specific department, but may be assisted by staff members from various departments. 1 B. POLICIES 1. Communications a. Annual Report - Each advisory body is required by the Charter to submit to the Council by May 1 an annual report describing its activities and evaluating its progress for the year (Charter, Article XII, Section 1205). The report should be complete and comprehensive. b. Written Reports - Advisory bodies are occasionally requested to make special reports or recommendations to the Council of specific subjects. The Council will make this request in writing, with specific direction as to the approach, scope, and schedule for the study desired. These recommendations often play a major role in assisting the Council to reach a final decision on important issues. For this reason, any recommendation or report from an advisory body is required to be in written form. If the matter is to appear on the Council agenda, the report must be submitted to the City Clerk no later than two weeks prior to the Council meeting at which the report is to be considered.' This report becomes part of the record and is forwarded to each council member for review in advance of public consideration of the pertinent subject. Some advisory bodies may receive study or action requests from citizens or groups. These requests should also be made in writing to the advisory body which will then determine whether or not the body wishes to pursue that particular issue. The advisory body shall advise the Council of the request and the body's determination for action. C. Minutes - All minutes of advisory-body meetings shall be forwarded to the Council in a timely manner. d. Budget - Each advisory body shall prepare its budget request and its proposed goals and objectives in February, in a manner as directed by the CAO. The advisory body chairperson will be responsible for speaking to this request when the Council reviews the budget in study session. The CAO will notify the chairperson of time and place of such Council review. aarveajr e. Statements -.An advisory body does not have authority to speak for the City. If the body wishes to recommend that a statement be made, such as a letter written to state a position, then it shall first receive approval of the Council. f. Public Forums and Surveys - An advisory body shall not sponsor or co- sponsor a public forum, meeting or survey without the prior approval of the Council. 7 g. Personal Testimony - If a member of an advisory body appears before the Council (or another advisory body) in a capacity other than as representative of his /her body, it should be explained, in advance that any statements made are not to be construed as representing the opinions or recommendations of his advisory body. h. Changes Changes in a member's address or telephone number, and the names of new officers, shall be submitted to the City Clerk or the Council's secretary as soon as possible. is Quarterly Meetings - The Mayor shall meet quarterly with the chairpersons from all commissions. The purpose shall be for information updates and to encourage communication. The chairperson shall report back to the full commission at the next regular meeting. Study Sessions - The Council shall attempt to hold at least one study session with each commission on an annual basis. 2. Absences, Leaves of Absence, and Resignations a. Attendance If a member of an advisory body fails, for any reason, to attend three consecutive regular meetings or a total of six regular meetings within any twelve -month period, that member shall automatically be considered for replacement: The chairperson of the advisory body shall inform the Council of such a situation, explaining any special circumstances. b. Absences There shall be no "excused" absences. Because of quorum requirements, when an absence is anticipated, the individual Advisory body member is responsible for notifying the chairperson or the secretary in advance and the absence shall be counted in that member's attendance record. C. Leaves of Absence - Leaves of absence are not granted to advisory body members except under very unusual circumstances and when authorized in advance by the Council. d. Resignation - In the event a member finds it necessary to resign from an advisory body, a letter of resignation shall be immediately directed to the Council through the City Clerk, with a copy forwarded to the chairperson of the advisory body. Bylaws and Procedures a. ByAaws - Each advisory body established by ordinance shall present to the Council, for its approval, bylaws for procedure, purpose, specific functions, meetings, officers, budget, etc. (Charter, Article XII, Section 1204.) E:7 By May 1 st in each odd - numbered year, the bylaws of each advisory body shall be reviewed by that body. Any proposed changes shall be submitted to the Council for approval. If no changes. are proposed, a report of the review shall be submitted. Should this review not be accomplished by May 1st, the Council may direct staff or a Council-appointed subcommittee to do the review. b. Code of Ethics - Each body shall develop its own code of ethics or conduct for review and approval by the Council. The advisory body shall biennially review its code and submit to the Council a report of that review, including any proposed revisions. C. Parliamentary.Procedure - Parliamentary procedure for all advisory body meetings shall be governed in accordance with City practices, customs, policies and Robert's Rules of Order, Newly, Revised. Questions should be directed to the appropriate city staff, including the City Attorney. A quorum of the Committee shall be as stated in individual adopted advisory body bylaws or procedures. d. Annual Dinner - Each advisory body may hold an annual dinner meeting for installation of new members and recognition of outgoing members. All other meetings shall be held at the established time and place set for that body, unless a change is approved by Council. Council may hold an event from time to time to recognize advisory body members. (See also Page 12, Section G.) 4. Functional Review Every five years, the activities of each advisory body shall be reviewed by a citizens ad -hoc committee which shall make recommendations to the Council for modification, continuation or termination of each advisory body. (Charter, Article XII, Section 1206.) 5. Officers a; Election - In April, each advisory body, at its regular meeting, shall elect a chairperson and a vice chairperson. b. Terms of Officers - The term of office of a chairperson or vice chairperson shall be one year, commencing upon election. No person shall serve in the office of chairperson or vice chairperson for more than two consecutive terms except as may be noted elsewhere under specific boards and commissions. P] For the purpose of this section, completion of a partial term of office As chairperson or vice chairperson shall not preclude an advisory body members from serving two additional consecutive full terms, provided that the partial term served is less than six months. C. MEMBERSHIP QUALIFICATION AND APPOINTMENT PROCESS The City of San Luis Obispo encourages participation of a wide variety of its citizens through service on an advisory body. Unless specified, there is no special education, training or background required for appointment The following minimum criteria shall be met by any person wishing to be considered for appointment to an advisory body: Applicant must. be a resident and registered voter of the city at the time, and during the entire term of appointment unless excepted by state law or special circumstances such as deed restrictions. Applicant must be at least eighteen years of age at the time of appointment. Basic elements of the appointment process are as follows:. 1. Each person seeking appointment or reappointment to an advisory body shall obtain and file and application form in the Office of the City Clerk. Application may be made for a vacancy which currently exists or which may occur in the future. 2. Applicant shall have read and become familiar with the contents of this :<.«...:,.::::.:«.:;<. v.:..,:.: �, � .:«.�.::.:;<;:.�«..��.�.:<::,.: ham,:.: handboo ` <'"Rfi a It # u ' en letf: t le . t: ne'; ::. n rior to infe "Mew ......: lv .:...:....:.:........:....... ............................... .......:........1.9 P with the Council Screening Committee. 3. Applications for appointment or reappointment will be reviewed by the rt Counci(i i Subcommittee. Selected qualified applicants shall be interviewed by the cx' "n'..scst Subcommittee consisting of two x. Councilmembers, and the Chair of the advisory body ':trt1ar 1 tf Chair is being considered for reappointment in which ease the t trti Subcommittee shall designate another representative.) The Council Subcommittee shall submit to the entire Council recommendations for appointment. If a unanimous decision for recommendation to the full Council cannot be reached, the Council shall take a separate motion for each candidate proposed by each member of theitai Subcommittee. 4. Applicants not appointed will be so advised and their applications held for consideration in the event of a future vacancy for no less than one year. -5. As a general policy, an applicant shall not be appointed to serve on more than one advisory .body except that a member may also serve on one technical or special- purpose committee at the same time. If appointed to another committee, he /she will be expected to resign from one body upon being appointed to another. 10 C 6. Council Subcommittees Appointments: (Liaisons to advisory bodies are selected in the even year it by the full council - usually by i!3eier�j. of- the - even �rr The Mayor and Vice -Mayor shall submit .:.:::......... recommendations to the full Council and rotate nominations for Councilmember Subcommittees to provide an opportunity for each member to serve as a liaison at least once on each advisory body when possible. When terms of office do not allow each member to serve once, members with greatest seniority shall have first right of selection. D. TERM OF OFFICE The term of office for each appointee to an advisory body shall be four years and shall commence on April 1. No appointee shall serve on the same advisory body for more than two consecutive, full terms (eight years), but may subsequently serve on another advisory body unless noted otherwise. Some exceptions include: the Housing Authority, Jack House Committee and Tree Committee. A mid -term appointment to a vacant seat on an advisory body shall not preclude the appointee from serving two additional consecutive full terms, provided that the initial, partial term 'served is less than one year. E. ETHICS AND CONFUCT OF INTEREST 1. The duties of an advisory body member shall be performed in good faith and in a manner which the member believes to be in the best interest of the City. 2. It is improper for any member of an advisory body to utilize, for personal pecuniary gain or in an otherwise self- dealing manner, any information which is received by reason of said membership and is not a matter of public record. 3. No member of an advisory body shall have a material financial interest in any contract or other transaction involving that advisory body. The member shall promptly disclose anq such interest in any proposed activity of the advisory body and shall not participate in any related deliberations or actions of that body. 4. All members of the Planning Commission and Architectural Review Commission and Housing Authority are required to file Statements of Economic Interest (form 721 or 730) under the Political Reform Act of 1974 as amended. The City Clerk will supply such .forms and assist in their completion. 5. If any advisory body or member has a concern with a Council action or policy, the Chairperson or member of the committee shall discuss the issue with a Councilmember before making a public statement. . 11 6. Questions regarding possible ethical issues or conflicts of interest should be reviewed with the Chairperson, City Attorney, or the City Clerk, as appropriate under the circumstances, in advance of the subject meeting or discussion. F. REMOVAL FROM OFFICE Members of advisory bodies serve at the pleasure of the Council and may be removed without cause by Council action in an open public meeting. G. AWARDS AND RECOGNITION When a member terminates service on an advisory body, the Council will recognize that member's contribution to the City through an appropriate expression of appreciation. If that advisory body wishes to make its own presentation to an outgoing member, the chairperson shall communicate with the City Clerk or Council Secretary in order to avoid duplication of awards. (See also Page 9, Section 3d.) 12 IV. ARCHITECTURAL REVIEW COMMISSION PURPOSE The City of San Luis Obispo has a number of unique characteristics, including ideal climate, spectacular natural vistas and an outstanding man -made environment that has evolved from historic traditions of the community. The Architectural Review Commission has a vital role in the preservation and enhancement of the beauty and visual character of the City. STATUS The Commission, usually referred to as the ARC, was established by city ordinance in November 1973. It is staffed by planners in the Community Development Department who do initial evaluation of development plans, confer with designers, prepare meeting agendas and assist the commission in its duties. The Commission is responsible directly to the Council, which hears all appeals of ARC decisions. (Ref: SLO M.C. Chapter 2.48. Ord. No. 600 1973 Series ..._.:. , ..:: k. ,N. .. :, . - MEMBERS MEMBERS The ARC has seven citizen members, appointed by the Council to four -year terms. 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. MEETINGS - Semi- monthly: Refer to chart on page 35. FUNCTIONS The primary function of the ARC is to develop and maintain a pleasant and harmonious environment, maintain property values, conserve the city's natural beauty, encourage public art, preserve and enhance its distinct visual character and ensure the orderly and harmonious development of the city with attention to site planning and exterior appearance of public and private structures. In addition, the commission is responsible for establishing (with Council approval) guidelines for determining what is °good design.° These guidelines are published in the form of a booklet with pictorial illustrations to help applicants understand the Commission's goal of maintaining a high level of architectural excellence in the City. The Commission spends the majority of its time reviewing development plans, visiting project sites, and working with designers to ensure that projects follow the established city guidelines. Good design, obviously, is a subjective matter, and, for this reason, the guidelines emphasize flexibility to encourage creative designs and the innovative use of materials, methods and techniques. 13 - r 1 Because of this emphasis on flexibility -and excellence, the Commission generally prefers not to give a proposal a strict 'yes" or "no." Instead, the Commissioners often engage in a "give and taken discussion with designers to help create a project that is not only designed technically, but which enhances and is compatible with the character of the immediate neighborhood and -the city at large. It is important to understand that the Commission does not seek to dictate any particular style of architecture, but instead seeks a harmonious variety of compatible building styles. SCOPE OF AUTHORITY Most building projects in the City, including exterior remodeling, require ARC approval before a building permit can be issued. The only three types that do not have this requirement are: 1. Individually built houses, with a few exceptions, as determined by the Community Development Director according to ordinance; 2 Minor proposals and minor construction which are incidental to a larger project; and 3. Signs that meet the minimum standards of the sign ordinance (and are not part of a larger project that does require ARC approval). In reviewing a specific project, the ARC prefers to review the complete architectural posture —that is, all factors involving the project's exterior appearance and site design. While the ARC is primarily concerned with the surface appearance of a structure, it may also review related factors, such as site layout and parking. The ARC is not concerned . with interior function and design, except where it may impact the exterior appearance. Occasionally, some of the factors considered by ARC, such as site layout and parking, may overlap with the jurisdiction of the Planning Commission. This overlap is to be expected and does not necessarily mean that the two committees are duplicating work. The ARC is not concerned with appropriate use of property, and the Planning Commission primarily concems itself with general site design only in connection with land -use decisions, leaving the details to the ARC. However, when a specific site layout is approved by the Planning Commission, the ARC is expected to work with the general layout established by the Planning Commission's action. ARC approval by itself does not entitle a developer to build anything: It does not take the place of a building permit or other special approvals that might be required for a new project. Complete architectural review guidelines and more information about the ARC are contained in Architectural Review in San Luis Obispo, a booklet available at the Community Development Department. 14 V. CULTURAL HERITAGE COMMITTEE 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; and (d) helping with the administration of city- sponsored benefit programs. STATUS The Committee was established in 1981 as a technical committee and is staffed by a Planner from the Community Development Department. This committee became a permanent committee in February 1987 when the Council approved Resolution No. 6157 that establishes the CRC's functions and duties. See also SLO M.C., Chapter 17.54 and 15.36, Ordinance No.. 1086 (1987 Series) establishing Historical Preservation Districts. MEMBERS The CHC will have " seven member ... e appointed by the Council for J. four -year terms and may be reappointed for not more than two consecutive full terms totaling eight years. Membership of the Committee shall include a person knowledgeable in local history, a person with training or experience in structural rehabilitation, and a person with knowledge of architecture-. The committee shall include a city resident from each of the three Historical Preservation Districts. MEETINGS - Monthly: refer to chart on page 35. FUNCTIONS 1. Collect, consolidate and make available information about historical resources and historical resource sites, and promote, participate in, or sponsor educational and interpretive programs. 2. Provide advice and guidance for the restoration, alteration, decoration, landscaping or maintenance of historical resources or properties within Historical Preservation Districts. 3. Review the Inventory of Historical Resources and recommend to the Council any amendments. 4. Assist property owners with the preparation of National Register applications for historical resource sites. 15 5. Help to administer benefit programs approved by the Council that are directed at preserving historical resources or resources within Historical Preservation Districts. 6. Publish and maintain Historical Preservation Program Guidelines which present (a) benefit programs sponsored by the City; (b) procedures for adding properties to the Inventory of Historical Resources or for establishing a historical district; and (c) other information concerning historical preservation. 7. Review actions proposed by public agencies and provide information on how such actions may affect designated or eligible properties within or adjacent to historical districts. 8. Cooperate with local, state and federal agencies in the pursuit of historical preservation. 9. Function within the guidelines and policies of the Advisory Bodies Handbook and perform other duties as assigned by the Council. 16 VI. HUMAN RELATIONS COMMISSION PURPOSE The Human Relations Commission advises 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, national origin, age, physical, mental or economic status. The Commission makes recommendations to the Council or the CAO on how these social concerns and human needs can best be addressed. It is desired and expected that specific functions of the HRC will change as solutions are found to specific problems or as times change and the needs and priorities of the community in this field evolve. STATUS The Commission was established by the Council in 1964. (Ref: established by motion 1/6/64, SLO M.C. Chapter 2.,%,',' The Commission oversees city- approved programs such as a referral service for those members of the community in need. The HRC staff is in contact with other human service agencies throughout the city, county and state. MEMBERS The HRC has seven members appointed by the Council to four -year terms. While there are no special qualifications for appointees, the Council usually seeks individuals with experience, or a demonstrated interest in community social issues. MEETINGS - Monthly: refer to chart on page 35. FUNCTIONS 1. 2. 17 OE-o VII. PARKS AND RECREATION COMMISSION PURPOSE The Parks and Recreation Commission is a body of citizens appointed to advise the City's Parks and Recreation Department and the Council on the development and operation of recreation programs and parks, and on the implementation of the Parks and Recreation element of the General Plan. The Commission was created originally by the voters in 1941, and until 1978 was one of only two commissions mandated in the Charter. The 1978 Charter revision dropped reference to this commission and authorized the Council to establish individual commissions by separate ordinances. (Ref: SLO M.C. Chapter 2.16, Ordinance No. °115 ?n 1 215N f 1940 The Commission works closely with the Recreation Director and his staff and with the Parks Maintenance Division of the Public Works Department. MEMBERS The Parks and Recreation Commission has seven members, appointed by the Council to four -year terms. MEETINGS - Monthly: refer to chart on page 35. FUNCTIONS The Commission advises and makes recommendations on all aspects of the City's parks and recreation programs. The Commission is expected to: 1. Provide leadership in developing a comprehensive recreational program for city residents of all ages. 2. Be familiar with the types of recreation programs and parks that residents need and want. 3. Plan, through implementation of the Parks and Recreation Element, for the parks that will be needed in the future as the City grows. 4. Advise the Recreation Director, as requested, on department administration. 19 VIII. PERSONNEL BOARD PURPOSE The Personnel Board exists to provide a forum for hearing both sides of unresolved employee grievances and disciplinary matters. The Board's goal is to bring out all information pertinent to a case and give all interested parties a chance to state their views. The Board can then make recommendations to the Council based on complete information, thus relieving the Council of what can be a very time - consuming process. The Board may perform other advisory roles as directed from time to time which are consistent with the Charter and which best use the skills and talents of the Board members. STATUS In June 1978 city voters approved an amendment to the Charter that required the Council to set up an advisory board for personnel matters. The Board, responsible to the Council, began operating in July 1979. The Personnel Department provides whatever staff support the Board requires. (Ref: SLO M.C. Chapter 2.36, Ordinance 808, 1979 Series.) MEMBERS The Personnel Board has five members, appointed by Council to four- year terms. Although there are no special qualifications for appointment, some knowledge or background in personnel matters is very helpful. MEETINGS The Board meets whenever a personnel matter requires it. The meetings are held at City Hall at a time mutually convenient to Board members, staff and other involved persons. FUNCTIONS The Board makes recommendations in two general areas: (1) when an employee appeals a disciplinary action taken against him; and (2) when an employee files a grievance that cannot be settled at an administrative level. In the case of a grievance, the Board will give the CAO an advisory opinion, based on either the written record alone or on the written record plus sworn testimony taken at a hearing. The Board decides whether a hearing is warranted. For a disciplinary case, the Board always holds a hearing- -open or closed hearing, according to the employee's wishes. The Board then forwards its findings. and recommendations to the Council. 20 n The Board has the power to subpoena witnesses and documents for its hearing. If either party asks for a subpoena before the hearing, the Board must issue it. After the hearing begins, subpoenas may be issued at the Board's discretion. Three members constitute a quorum. A member may vote on a recommendation only if he /she is present for the entire hearing, or if the member certifies he /she has listened to a recording, or read the transcript of that portion of the hearing that he /she missed. 21 IX. PLANNING COMMISSION PURPOSE The Planning Commission must regularly make decisions regarding land use policies and specific development applications. Some are recommendations to the Council and some are final, subject to appeal to the Council. The Commission also reviews and recommends long -range plans for the City's growth and development. STATUS The Commission was established in the 1940's. It is staffed by planners in the Community Development Department who prepare meeting agendas, meet with developers; and handle other functions for the Commission. The Commission is responsible to the Council. (Ref: SLO M.C. Chapter 2.12, Ordinance No. 154N, 1944 MEMBERS The Planning Commission has seven members, appointed by the Counci l to four - year terms. Members are not necessarily planning professionals and no special training is required for appointment. Members occasionally may be requested to attend seminars and workshops to improve skills in planning. MEETINGS - Monthly; refer to chart on page 35. FUNCTIONS The Planning Commission makes recommendations to the Council in five areas: 1. General Plan -The Commission reviews proposals on long -range planning policies. These may be in the form of new sections for the General Plan or amendments to the existing plan, and are brought to the Commission by city planning staff, consultants, and private applicants. 2. Zoning - The Commission reviews proposals for changes in the zoning of land, or in the zoning regulations, and makes recommendations to the Counci l. In some matters, such as use permits, the Commission's decision is final, unless appealed to the Council 3. Subdivisions - The Commission makes recommendations to the Council on the subdivision of land. 4. Capital Improvement Program - The City's long -range financial plan for major municipal construction projects, equipment purchases, and planning studies is reviewed by the Commission, and its recommendations are forwarded to the Council. 22 M 5. City Services and Resources - The Commission reviews the adequacy of the city services and resources needed for proposed development. When city facilities or resources are in danger of being overburdened, the Commission offers recommendations to the Council on possible remedies. In weighing decisions on the growth and development of the City of San Luis Obispo, the Commission provides a sounding board for public opinion. Although commissioners do consider the rights and desires of property owners /developers and the general public, they must make their decisions pursuant to the General Plan, ordinances, and other standards and procedures set forth in state and city law. 23 1 X. PROMOTIONAL COORDINATING COMMITTEE PURPOSE The Promotional Coordinating Committee assists the Council in working to improve the quality of life for all city residents and our visitors. The Committee recommends projects to help promote the City as a regional trade, recreation and tourist center, consistent with long -range community goals. STATUS The Committee was established in 1970 as a permanent body responsible to the Council. This committee is unusual in that it has an annual budget derived from an established formula allocating certain tax receipts including the transient occupancy tax and the business license tax. (Ref: Council Minutes dated 6/23/70 and R-4948 establishing Bylaws:irt#ky;ls <wse6s.) MEMBERS The Committee has seven members appointed by the Council to four -year terms. The Council usually seeks appointees with experience in some aspect of promotion, advertising, tourism or in community cultural activities. MEETINGS - Monthly; refer to chart on page 35. FUNCTIONS 1. Planning a comprehensive, long -range program to promote the City. 2. Preparing an annual program consistent with the long -range program. The Committee's recommendation for the annual program is presented to the Council for`approval at the first regular Council meeting in May. 3. Developing city advertising and promotional programs and projects. 4. Hearing requests from cultural and promotional groups seeking city grants; recommending groups to the Council for funding. 5. Present an annual assessment and report to the City Council regarding the Promotional Coordinating Committee's Grants -in -Aid, Advertising, and other promotional programs. 6. Initiating and supporting community activities that are meaningful to residents and visitors alike. 7. Providing a liaison between city committees and civic organizations outside 24 A xww 25 XI. TECHNICAL AND SPECIAL - PURPOSE ADVISORY BODIES CONTINUING BOARDS AND COMMITTEES Citizens' Advisory Committee Construction Board of Appeals Handicapped Board of Appeals Jack House Committee Joint Recreational Use of School District Property Committee Mass Transportation Committee Parking Management Committee Tree Committee These advisory bodies are appointed by the Council or the CAf3 its�bz�ga>3. They are considered permanent and may meet regularly or only When projects or proposals require their attention. Membership eligibility is defined in each body's enabling legislation, and members are selected, (1) on the basis of experience and knowledge in the special field pertinent to the committee; (2) because representation from a particular segment of the community is desired (i.e., elderly, handicapped, student); or (3) from a broad representation of community interest and expertise. These committees work closely with city staff and report to the CAO and the Council through the city staff. AD -HOC OR TEMPORARY COMMITTEES An ad -hoc or temporary committee is appointed by the CAO and /or the Council to address specific subjects which require a degree of technical expertise. The committee's purpose is to provide advice and possible recommendations to the city staff, and it ceases to exist when its report is filed in the CAO's office. The only prerequisites for appointment are interest, expertise or as otherwise determined by the CAO or the Council when the committee is established. The CAO shall keep the Council informed regarding the existence and actions of all such committees. 26 V SUMMARY DESCRIPTION OF SPECIAL- PURPOSE ADVISORY BODIES CITIZENS' ADVISORY COMMITTEE PURPOSE The Citizens' Advisory Committee conducts surveys, issues reports and informs the CAO on many varied matters of community concern. STATUS The Committee was established in 1982 and works with and under the direction of the CAO to develop and carry out. an annual work program for the Committee. (Ref: R -4891, adopted 7/6/82.) MEMBERS The Committee has five MW members, some of whom need not be city residents. MEETINGS - Held on call. CONSTRUCTION BOARD OF APPEALS PURPOSE The Construction Board of Appeals holds hearings on requests for relief from the strict application of the provisions of the City Building Code, or other specifications in any uniform code, to determine suitability of alternate materials or methods of construction. STATUS The Board was established in 1979 and is required under provisions of the City Building Code. The Board is staffed by the Chief Building Inspector. (Ref: R -4017, adopted 11/29/79.) MEMBERS The Board consists of five members who are qualified by experience and training to pass on matters pertaining to building construction. Members need not be residents of the city. MEETINGS - Held on call. 27 PURPOSE HANDICAPPED BOARD OF APPEALS The handicapped Board of Appeals conducts hearings on appeals of City Building Division actions implementing the building codes in subdivisions. STATUS The Board was established in 1983 as a permanent technical committee, pursuant to the State Health and Safety code, and is staffed by the Chief Building Inspector. Meetings are held only when required by an appeal. (Ref: Council Minutes dated 5/4/83.) The Board has five members with qualifications specified in the code: two handicapped persons, two persons experienced in construction and one person from the general public. Members need not be residents of the city. MEETINGS - Held on call. JACK HOUSE COMMITTEE PURPOSE The Jack House Committee assists the Council and the Parks and Recreation Department in the administration and restoration of the historic Jack Residence at 536 Marsh Street The Committee makes recommendations for basic rules and: regulations which will allow for the greatest possible public use and enjoyment of the house and grounds while protecting and preserving the history and integrity of this cultural and recreational facility. STATUS The Committee was established in 1975 as a condition of a deed granting the former residence of the Jack family to the City of San Luis Obispo. The Committee is staffed by the Recreation, Director and members of his staff. (Ref: R -2761; adopted 4/7/75.) MEMBERS The Committee has seven members who are required to be city residents, except for the heir to the Jack family. Membership is spelled out in the grant deed and consists of one person each from the County Historical Society, Cal Poly School of Architecture faculty, Cal Poly Department of Ornamental Horticulture faculty, the City Parks & Recreation Commission and the heirs of Robert and Nellie Jack. Additionally, there are two members -at -large appointed for four - year terms by the Council. MEETINGS - Monthly; refer to chart on page 35. n I JOINT RECREATIONAL USE OF SCHOOL DISTRICT PROPERTY COMMITTEE PURPOSE The Joint Recreational Use Committee advises the Council and the San Luis Coastal Unified School District Board regarding policy for operation of school district joint use recreational facilities and priorities for granting use of those facilities, and plans for balanced integration of school district property being developed. STATUS The Committee was established in 1981, and is staffed by the Parks Maintenance Supervisor, a Recreation Supervisor and two members of the staff of the Unified School District. (Ref: SLO M.C. Chapter 2.52, Ordinance No. 906, adopted 10/27/81.) The Joint Use .Committee consists of seven members, one of whom is a representative of the Parks & Recreation Commission. MEETINGS - Monthly; refer to chart on page 35. MASS TRANSPORTATION COMMITTEE PURPOSE The Mass Transportation Committee assists with an ongoing program of public transit in the City and Cal Poly. The Committee makes recommendations to the Council regarding routes, schedules, capital projects, fares, marketing and additional services. STATUS The Committee was established in 1972 to study the feasibility of a public mass transit system to serve city residents and visitors. It. is staffed by the Transit Manager who is under the supervision .of the CAO. (Ref: Chapter 2.20:. , Ord.. 1140 f 198 series } R2382, adopted 10 14 7 w4y , ... •.v:n.»dY %.:.W. {:.x %fiJfS2M:. Yrii. ::M:b rc rcq'v:: ;.v.. y: ..:< faiivsaerx: "ri 1 €1rt. t MEMBERS The Committee has seven members,*. tSr'.,rrt and consists of (a) one person from Cat Poly; (b) one senior citizen; (c) one person from the business. community; (d) one person with technical transportation planning experience; (e) one handicapped person; (f) one person from the general public; and (g) a representative from the HRC. MEETINGS - Held on call, generally on a quarterly basis. KE PARIUNG MANAGEMENT COMMITTEE PURPOSE The Parking Management Committee provides advice and assistance in the implementation of the City's Downtown Parking Program. The Committee was established to assist with the comprehensive and effective management of the quantity, location, cost. efficiency and availability of parking in the Central Business District. STATUS The Committee was established July 15, 1986 to assist in the implementation of the City's Downtown Parking Program. The Committee meets prior to the review of parking- related matters to be reviewed by Council and as determined necessary by committee members and city staff. (Ref: R-6052 superceded by R- 6457=xfr` MEMBERS The Committee has seven members and consists of: (a) two.representatives from the BIA; (b) one from the Chamber of Commerce; (c) one downtown property owner; (d) one representative from the County of San Luis Obispo; and (e) two citizens at large. FUNCTIONS 1. Provide advice and serve as a community public information link as the City increases its parking inventory through the development of the parking decks, surface lots and private expansion. 2. Advise on the management of the location, cost and availability of parking in the Central Business District. Programs to be administered include: a. Improving the effectiveness of parking supply; b. Providing accessible, inexpensive parking for shoppers; C. Discouraging employees from using parking intended for shoppers; d. Examining and introducing measures to reduce employee parking demand; and e. Protecting residential neighborhoods. f. Encouraging ridesharing and other alternatives to use of the private_ automobile. 30 4 TREE COMMITTEE PURPOSE The Committee makes recommendations to the Council and staff on tree policies and regulations. Working with staff, the Committee prepares and maintains a Master Tree List and a Tree Planting Plan, as provided in the Municipal Code (Tree Regulations (Ref: M.C. 12.24 et al). STATUS The Tree Committee was established in 1977, is staffed by the Parks Maintenance Supervisor and the City Arborist, and meets only on staff request for advice or to hear a citizen appeal of a staff decision.. MEMBERS The Committee has five members who have interest or expertise in horticulture. MEETINGS - Held on call. 31 XII. BUSINESS IMPROVEMENT ASSOCIATION AREA ADVISORY BOARD PURPOSE 1. Study and recommendation of solutions to problems relevant to parking and traffic circulation within the area; 2. General promotion of trade activity in the area and promotion of public events which take place in public places in the area; 3. Development and implementation of beautification programs for the area. STATUS The Downtown Parking and Business Improvement Area was established by the Council in 1973, with boundaries approximating the major retail and professional area of the downtown. Each business or professional office in this area is required to pay an additional sum equal to 100 percent of its business license fee; the revenues derived from this assessment are used exclusively for the activities conducted to carry out the purpose of the organization. (Ref: SLO M.C. Chapter 12.36, Res. 2510, 1973 Series. See also Streets and Highways Code Section 36000 et seq.a3 w MEMBERS The Advisory Board of the BIA is composed of 11 members who each have a business in the area, The Board members are first elected by ballot of the BIA members and then confirmed by appointment by the Council for two -year terms. MEETINGS - Monthly; refer to chart on page 35. 32 X111. HOUSING AUTHORITY PURPOSE The Housing Authority Commission advises the Council on the housing issues and needs of the low- and moderate- income households in the city. STATUS The Commission was established by the Council in 1968 to fulfill the responsibilities related to the creation of the Housing Authority. The Housing Authority is a separate public corporation which, under state and federal law, is responsible for implementing programs which assist families or elderly persons who lack the income necessary to enable them to obtain housing that is decent, safe and sanitary. The legal authority, powers, duties and responsibilities of the Commission are defined by the California Health and Safety Code (Housing Authorities Law) and the corporation bylaws of the Commission. (Ref: Authorized by City Election held 6/4/68.) MEMBERS The Commission has seven members, appointed by the Council. Terms of office, qualifications for appointment and grounds for removal from office are defined by state law. Five of the members serve four -year terms and are appointed by the Mayor subject to confirmation by the Council. The other two members are appointed by the Mayor from the Housing Authority's tenant population and each serves a two -year term. At least one of the tenant members must be 62 years of age or older. MEETINGS - Monthly; see chart on page 35. FUNCTIONS The Commission is responsible for developing, maintaining and managing the City's low -rent housing and rental subsidy programs. It has. direct legal responsibility for policy, staff and management of the Authority's multi- million dollar annual operating budget. 33 XIV. APPENDICES Application of the Brown Act to City Boards and Commissions The question often arises as to whether the Ralph M. Brown Act (Government Code Section 54950 through 54961) applies to some or all of the city advisory bodies. The Brown Act is California's "secret meeting° law. This law, which prohibits secret meetings is applicable to cities and other local agencies. Originally, this law had very limited application to advisory bodies and was directed toward city councils (governing bodies). However, these statutes have been amended to include all commissions, either under the definition of legislative body or separately as advisory bodies. The combined effect of Sections 54952.3 and 54952.5 is to include, within the definition of "legislative body,° such commissions as planning commissions and recreation commissions. In the case of these commissions, their notice and meeting requirements are the same as those of the City Council. With regard to other advisory commissions, their meetings and notice requirements are set forth in Section 54952.3, which states in relevant part that they must: 1. Meet within the jurisdictional limits of the city; 2. Hold open and public meetings; 3. Give notice of the meetings to any requesting parry at least 24 hours prior to the meeting; and 4. Provide in bylaws or rules for time and place of regular meetings, if regular meetings are to be held. The meaning of these statutes is simply that no advisory body may meet secretly in order to conduct business. A meeting is defined as a gathering of a majority (quorum) Of the advisory body for the purpose of discussing items before the body or conducting other business of the body. An advisory body is not prohibited from establishing a subcommittee, consisting of less than a majority of its membership, which may meet to study a particular issue which has been brought to the attention of the advisory group. The Council and City Attorney shall be apprised of the existence of such subcommittees. Also, purely social gatherings are not subject to the Brown Act, but care should be taken to ensure that a social event, in effect; does not become a "meeting" because advisory body business is discussed. From time to time questions arise as to whether a particular action, if taken; would constitute a violation of the Brown Act. These questions should be referred to the Office of the City Attorney for an opinion as to the correct procedure. 34 W O } O LL Q O } Q N c L c m Q O m m L 0 c N CD 'O C CD U L co L m CD c m - .a rn U) c cQa CL CD Q H LO 72 L F N IMm N c m m L O m a 0 m N ZO N c m U 7 G m O O Q CCLIai m i. 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