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HomeMy WebLinkAbout1981 ADVISORY BODY HANDBOOK%- h RESOLUTION NO. 4533 x(1981—`Series)-,- L (1981 3 ries) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE HANDBOOK FOR ADVISORY BODIES BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain document attached hereto marked Exhibit "A" and incorporated herein by reference is hereby adopted as the handbook for advisory bodies. 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 members of advisory bodies. On motion of Councilwoman Dovey , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilwoman Dovey, Councilman Dunin, Councilmember Bond, and Mayor Billig NOES: Councilman Settle ABSENT: None the foregoing Resolution was passed and adopted this 16th day of ,Tune , 1981. ATTEST: City C1 rk PAMELA VOGE APPROVED: AdmidlifWEIVofticer Assistant City Attorney M'.14, II , I I. -61 . j Introduction 1 Hoa our citv governnent works 2 Charter 2 Council 2 Administration 2 City Attorney 3 Finance 3 Personnel 3 Community Development 4 Public Services Parks and Recreation 5 Police 5 Fire 5 Human Relations 6 Advisory Bodies 7 Communications 8 By-laws and procedures 9 Functional review 9 Chairpeople and vice chairpeople 9 Membership qualifications 10 Term of office 10 Susvension or dismissal of adviso body mubers 11 Technical committees 11 Architectural Review Commission 12 Citizens Advisory Committee 15 Housing Authority Board of Commissioners 17 Human Relations Commission 1S Parks and Recreation Commission 19 Personnel Board 20 Planning Commission 22 Promotional Coordinating Committee 24 i A CCrTENrS (continued) �M Application of tine Brown Act to city boards and :coMissiow 26 Sample application for appointment to a city advisory body 27 Sample application for reappointment to a city advisory body 28 Summary of advisory bodies 29 ii EXHIBIT "A" HANDBOOK FOR ADVISORY BODIES WELCOME TO CITY HALL AND SAN LUIS OBISPO MUNICIPAL GOVERNMENT! Thank you for your interest in one of our citizen advisory bodies and congratulations for volunteering your valuable time and skills to help us shape a better community. Serving on one of our commissions, committees or boards can be a fascinating and rewarding experience. These citizen groups formulate new ideas, gather crucial information, receive public testimony and comments, analyze complex issues, and make recommendations on specific projects and broad policy -- all in the way of helping the City Council make better -informed decisions. In some cases, the citizen advisors themselves make final decisions affecting the entire community and its future. As you probably expect, it isn't always easy. Issues are often more complex than anticipated, public opinion can be sharply divided, questions overlap, and sometimes the province of one body is also the territory of another. There usually are no easy answers that please everyone. That's why we are giving you this handbook. We believe your task will be easier and your service more effective if you have clear guidelines to follow through the occasional fog. These are the things we hope this handbook will explain: - Goals: What each group is trying to accomplish; How one advisory body relates to others; - Procedures; - Each advisory body's place in the greater scheme of municipal government; - Your responsibilities as a member of an advisory body. The City Council and staff hope this information will get you off to a good start, help you onto the right track and thus contribute to your satisfaction in serving the citizens of San Luis Obispo. 1. HOW OUR CITY GOVERNMENT WORKS Charter The basic framework for San Luis Obispo's municipal government is defined in the City Charter, something like a constitution, which was originally adopted in 1876. The Council of a chartered city has more legislative flexibility and authority than does the Council of a general law city which operates under state law. Voters in San Luis Obispo can.amend the City Charter whenever they wish. A major revision was adopted by the voters in 1978. Council The charter makes an elected, five -member City Council the governing body of the city. Four Council members serve four-year terms; two are elected every two years. The fifth member is the Mayor who is elected every two years. Council elections are held in November of odd -numbered years. The Council meets on the first and third Tuesdays at 7:00 p.m. in the Council Chambers of. City Hall. In addition, they meet in study sessions 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 and the California Constitution. Most final decisions on city taxes and fees, budgets, city policy, the general plan and land use issues are up to the Council. Administration The charter requires the Council to appoint an administrator to run the city's day-to-day operations. The City Administrative Officer (CAO) is directly responsible to the City Council for all city activities. The operational departments in turn are responsible to the CAO. However, any action, determination or omission of the CAO can be overruled or changed by a majority of the City Council. 2. City Attorney The City Attorney provides whatever legal services and advice are needed by the City Council, the administrator, departments, commissions and other city agencies or officials.' The City Attorney also represents the city in court, prepares ordinances and other legal documents, and prosecutes cases involving violations of city ordinances. The City Attorney is appointed by, and responsible to, the City Council. City Clerk The City Clerk is responsible for preparing City Council agendas and minutes, conducting city elections, maintaining city records, handling certain insurance programs, assisting the Council, and handling Council correspondence. The City Clerk is appointed by, and responsible to, the City Council. Finance The Finance Department is the city's fiscal agent. It collects money, pays bills, controls assets and financial operations, supervises cash management, provides centralized accounting, and provides the framework for financial planning. It also bills and collects water, sewer and trash service charges and administers business licenses, bicycle licenses and the transient occupancy tax levied on hotel/motel room rentals. This department works under the supervision and control of the Finance Director/City Treasurer who is appointed by, and directly responsible to, the City Administrative Officer. Personnel The Personnel Department is responsible for directing a comprehensive personnel management program to attract and keep competent city employees. It's responsible for recruiting, testing, classifying, evaluating and training employees, administering the city's personnel rules, evaluating employee salaries, administering the city's affirmative action program and monitoring the city's self-insurance program. This department is under the supervision and control of the Personnel Director who is appointed by, and directly responsible to, the City Administrative Officer. 3. l Community Development The Community Development Department has two divisions, both under the super- vision of the Community Development Director. The Planning Division 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, 4) enforcing zoning and other planning requirements. The Construction Regulation Division ("Building Department") administers state and local building codes. It's responsible for ensuring safe and sound public and private construction. To do that it issues building permits, checks building plans and inspects work at construction sites. The Community Development Director is appointed by, and directly responsible to, the City Administrative Officer. Public Services Public Services, the city's largest department, is responsible for designing, operating and maintaining city utilities and other facilities. Those include the sewage and water treatment plants, sewer and water lines, streets and sidewalks, city parking lots, drainage channels, municipal buildings, and parks and public landscaping. The department also oversees operation of the city bus system which is run by a private company under contract to the city. Divisions of this department are for Administration, Streets, Water and Sewer, Building and Parks Maintenance, and Engineering. The department is under the supervision and control of the Public Services Director who is appointed by, and directly responsible to, the City Administrative Officer. 4. Parks and Recreation The Parks and Recreation Department plans and manages recreational activities at city parks and recreational facilities. The "Rec" Department aims to provide a program of leisure activities that includes something for everyone, even out-of-town trips. It also plans, with the assistance of the Parks and Recreation Commission, the development of parks and recreational facilities and actively seeks state and federal grants to help pay for park projects. This department is under the supervision and control of the Recreation Director who is appointed by, and directly responsible to, the City Administrative Officer. Police In addition to the traditional jobs of enforcing traffic and other laws, helping citizens in all types of situations and investigating crimes, the Police Department tries to promote community safety. It conducts a crime - prevention program and is responsible for various other programs such as school safety patrols. This department is under the supervision and control of the Chief of Police who is appointed by, and directly responsible to, the City Administrative Officer. 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 responds to medical emergencies as well. It also 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. This department is under the supervision and control of the Fire Chief who is appointed by, and directly responsible to, the City Administrative Officer. W Human Relations The Human Relations office staff is responsible, with the assistance of the Human Relations Commission, for administering city -approved programs such as mediating landlord/tenant problems, preparing and updating the Human Services Directory, and screening applications for Grants -in -Aid which assist groups providing varied services. In addition, the staff is in contact with relevant agencies throughout the county and state. The Human Relations office is under the supervision and control of the Program Coordinator who is appointed by, and directly responsible to, the City Administrative Officer. 91 ADVISORY BODIES The City Council encourages maximum citizen participation in the business of city government. The various committees and commissions provide an opportunity for interested residents to participate in the governing of their community, under the guidelines and procedures established by the City Council. These advisory groups are also effective in improving the quality of city government by providing the City Council with resources to make better -informed decisions. Other benefits of committees and commissions include improving the lines of communication between the public and the Council, providing more opportunities for discussion of public issues, and involving more people in city government. The authority of the different groups varies considerably. Some are required by California law or City Charter, for the purpose of controlling or guiding certain city activities such as planning or personnel. Others exist because city officials find them helpful in providing new ideas, a variety of views, additional expertise or the opportunity to test recommendations. Most of the advisory bodies report directly to the City Council, although some make their recommendations to or through specific departments. Some groups, such as the Planning Commission and the Parks and Recreation Commission, work primarily with one city department. Others, such as the Citizens Advisory Committee, have no connection with any specific department but may be assisted by staff members from various departments. While staff support may be provided or made available to assist, advisory groups do not have supervisory authority over city employees. Although staff members often work closely with an advisory body, they are still responsible to their immediate supervisors, and ultimately to the CAO and City Council. 7. The authority of an advisory body will depend upon its specific purpose. Some groups have been delegated specific authority to approve or deny projects. The Architectural Review Commission, for example, is empowered to make final decisions on sign permits and building projects. The Planning Commission, operating under the City Charter, makes recommendations to the City Council on certain types of land -use applications and makes final decisions on.other matters. All final decisions made by any commission, however, are subject to appeal to the City Council. Generally, advisory bodies are just that--advisory--and are empowered only to make recommendations to the City Council or to the city staff, unless specifically authorized by law or Council to do otherwise. Communications Each advisory body is required by the City Charter to submit to the City Council by May 1st an annual report describing its activities and evaluating its progress for the year. (Charter Article XII, Section 1205) Advisory bodies are occasionally requested to make special reports or recommendations to the City Council on specific subjects. 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 group to the City Council is required to be in written form and submitted to the City Clerk no later than one week 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 any public consideration of the pertinent subject. In addition, all minutes of advisory body meetings shall be forwarded to the City Council. If a member of an advisory body appears before the City Council to testify in a private capacity, it should be explained in advance that any statements made are not to be construed as representing the opinions or recommendations of that advisory group. 0 Laws and Procedures Each advisory body shall present in writing to the Council for approval its bylaws for procedure: purpose, specific functions, meetings, officers, budget, etc. (Charter Article XII, Section 1204) Each body shall also develop its own code of ethics or conduct, subject to review and approval of the City Council. Functional Review Every five (5) years, the activities of each advisory body shall be reviewed by a citizens ad hoc committee which shall make recommendations to the City Council for modification, continuation or termination of any advisory body. (Charter Article XII, Section 1206) Chairperson and Vice Chairperson (1) Each advisory body `shall elect a chairperson and a vice chairperson. (2) The term of office of.a chairperson or vice chairperson shall be one year, and shall commence immediately upon election. (3) No person shall serve in the office of chairperson or vice chairperson of an advisory body for more than two consecutive terms (two consecutive years). (4) For the purpose of this section, election to a partial term of office as chairperson or vice chairperson shall not preclude a person from serving two consecutive full terms as chairperson or vice chairperson following completion of the partial term provided that the partial term served is less than six months. (5) Each advisory body may at their discretion elect a secretary who shall serve for a term of one year, and may be re-elected for additional terms. a Membership Qualifications 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 shall be a resident of the city at the time of appointment and during the entire term of office. Applicant shall have attained the age of eighteen (18) years or more at the time of appointment. Applicant shall be a registered voter at the time of appointment and during the entire term of office. Any person seeking appointment or reappointment to an advisory body shall be required to obtain and file an application for that body in the office of the City Clerk. Application may be made for consideration for a vacancy which currently exists, or which may occur in the future. Anyone seeking appointment or reappointment to an advisory body will be interviewed by a screening committee consisting of two City Council members and the chairperson of the advisory body to which the appointment is to be made. - Any applicant not appointed will be so advised and the application will be kept on file, for a period of one year, for consideration in the event of a future vacancy. Each applicant shall have read and become familiar with the contents of this handbook prior to interview with the Council screening committee. Term of Office (1) The term of office of each appointee to an advisory body shall be two years (or until replaced), and shall commence immediately upon appointment by the City Council. (2) No appointee shall serve on the same advisory body for more than four (4) consecutive full terms (eight years). (3) For the purposes of this section, appointment to a partial term of office following an unscheduled vacancy shall not preclude the appointee from serving four consecutive full terms following completion of the partial term, provided that the partial term served is less than one year. 10. SUSPENSION OR DISMISSAL OF ADVISORY BODY MEMBERS All persons serving on advisory bodies are appointed by, serve at the pleasure of, and may be removed without cause by the City Council. Procedure for suspension or dismissal: A Council subcommittee, consisting of less than a quorum of the Council and appointed by the Mayor, shall review and consider any proposed suspension or dismissal of an advisory body member. The subcommittee shall submit its recommendation to the City Council in an open public meeting and the Council shall publicly make the final decision concerning any such recommendation. TECHNICAL COMMITTEES There are two kinds of technical committees: Ad-hoc, temporary - This type is appointed by the City Administrator and/or the City Council to address a specific subject which requires a degree of technical expertise. The committee's purpose is to provide advice to the city staff and it ceases to exist when its report is filed in the administrative office. There are no prerequisites for appointment except interest and expertise as determined by the CAO and Council. The CAO shall keep the Council informed regarding the existence and programs of all such committees. Continuing, special purpose — (Design Review Board_, Mass Transportation Committee, Tree Committee and Preservation Committee.) These committees are appointed by the City Council. They are considered permanent but only meet on call as projects and proposals require their attention. Membership is selected on the basis of experience and knowledge in the special field pertinent to the committee. Each committee shall submit to the City Council quarterly reports outlining its activities, decisions and progress. 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 manmade environ- ment 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 a city ordinance in November, 1973 and began operating in 1974. It is staffed by a planner in the Community Development Department who evaluates development plans, confers with designers, prepares meeting agendas, and handles other jobs for the commission. The commission is responsible directly to the City Council, which hears all appeals of ARC decisions. Members The ARC has seven (7) citizen members, appointed by the City Council to two-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 The ARC meets on the first and third Mondays of each month at 4:00 p.m. in the Council Chambers of City Hall. Functions The basic function of the ARC is to develop and maintain a pleasant and harmonious environment, maintain property values, conserve the city's natural beauty, 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 t. 12. for determining what is "good design" These guidelines are published in the form of a booklet with pictorial illustrations to help homeowners as well as professional designers understand the commission's goal to maintain a high level of architectural excellence in the city. The commission spends the majority of its time reviewing development plans and working with designers to ensure that projects follow the established 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. Because of this emphasis on flexibility and excellence, the commission prefers not to give most proposals a strict yes or no. Instead, the commissioners often engage in a "give and take" discussion with designers to help create a project that is not only well designed technically but which fits with and enhances the character of San Luis Obispo. 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, requires ARC approval before a building permit can be issued. The only three types. that don't are: (1) Signs that meet the minimum standards of the sign ordinance (and which aren't part of larger project that requires ARC approval). (2) Minor proposals, and minor construction which is incidental to a larger project. (3) Individually built houses (with a few exceptions, such as houses built in areas which are environmentally sensitive). 13. 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 vertical face of the structure, it may also review subsidiary factors such as site layout and parking. The ARC is not concerned with function and interior layout. 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 doesn't necessarily mean that the two committees are duplicating work. The ARC is not concerned with appropriate use of property, and the Planning Commission primarily concerns itself with general site design only in connection with land use decisions, leaving the details to the ARC. However, whena specific site layout is approved by the Planning Commission, the ARC is expected to work within the general layout established by the Planning Commission 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 24 -page booklet put out by the Community Development Department. 14. CITIZENS ADVISORY COMMITTEE (CAC) Purpose The CAC is intended to provide another channel of communication between the citizens and the City Council for the purpose of advising the Council on problems of citizen concern and programs for the improvement of the community. Status The CAC was organized in 1962 to carry out federally mandated requirements in connection with a federally financed low-cost housing program. The CAC was required to have thirteen (13) members broadly representative of the city's population. Several years later, the federal government removed its requirements and the City Council chose to retain the CAC as.an advisory body. In the years since, the CAC has involved itself with many problems covering the spectrum of city concerns. The issues dealt with have represented concerns which the City Council referred to the CAC for study, as well as issues which have come under CAC's scrutiny at its own initiative. Members The CAC consists of thirteen (13) members, appointed by the City Council to two-year terms. They broadly represent the population of the city. The membership is expected to have an interest in civic problems and to have the initiative to recommend solutions. Meetings The committee meets on the second and fourth Thursdays of each month at 7:30 p.m. in the Council Hearing Room at City Hall. Meetings are advertised in the local newspaper and are open to the public. Ad-hoc subcommittees of the CAC may meet as often as necessary to pursue matters referred to them by the CAC and their meetings need not be open to the public. 15. Functions - To discuss timely issues of community concern. To inform the City Council, in writing, of any situations in the city which are within the purview of municipal government. The Council may elect to assign to the CAC or any other advisory body the duty.of addressing the situation, and will give direction for action. 16. HOUSING AUi'HO= BOARD OF CCISSIONERS The Board of Commissioners serves as the Board of Directors for the San Luis Obispo Housing Authority. Terms of office, qualifications for appointment, and grounds for removal are set forth in the Health and Safety Code of the State of California. 17. HUMAN RELATIONS COIMISSION (HRC) Purpose It is the job of the Human Relations Commission to advise the City Council on matters concerning social problems affecting the residents of San Luis Obispo. Such advice is intended to promote mutual understanding, cultural awareness, respect and unity among all racial, religious, socio-economic, age and ethnic groups; and to encourage good relations between different groups resident in the community. The HRC was established by the San Luis Obispo City Council in 1964. The HRC is assisted in its work by a professional staff consisting of a Program Coordinator and a Human Relations Aide. This staff prepares reports and other documents for the commission, and operates a human services referral service for those members of the community in need. Members The HRC has twelve (12),members appointed by the Council to two-year terms. While there are no qualifications in addition to those usually required of appointees to a city commission, the Council usually seeks individuals with experience or a demonstrated interest in social issues. Meetings The HRC meets at 7:30 p.m. on the first Wednesday of every month in the Council Hearing Room at City Hall. Functions Providing a forum to allow residents to discuss problems relating to human rights and relations. Assisting in resolution of tenant/landlord problems such as an inspection service which relates to conflicts over rental deposit refunds. Reviewing and evaluating all city -funding requests from groups which provide human services. LU 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 City Council on the development and operation of recreation programs and parks. Status The commission was created originally by the votere in 1941, and until 1978 was one of only two commissions mandated in the city charter. The 1978 charter revision dropped all reference to this commission and left it to the Council to establish individual commissions by separate ordinances. Such an ordinance hasn't yet been prepared for the Parks and Recreation Commission. The commission works closely with the Recreation Director and his staff and the Parks Maintenance division of the Public Services Department. Members The parks commission has seven (7) members, appointed by the City Council to two-year terms. Meetings The commission meets on the first Wednesday of every month at 7:30 p.m. at City Hall. Functions The commission advises and makes recommendations on all aspects of the city's parks and recreation program. The body is expected to: Provide leadership in developing a comprehensive recreational program for city residents of all ages. - Be familiar with the types of recreation programs and parks that residents need and want. Plan for the parks that will be needed in the future as the city grows. Advise the Director of Recreation, as requested, on department administration. 19. PERSONNEL BOARD Purpose The Personnel Board exists to provide a forum for airing 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 thus make recommendations to the City Council based on complete information which the Council itself doesn't have time to hear. Status In June, 1978 city voters approved an amendment to the city charter that required the City 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. Members The Personnel Board has five members, appointed by Council to two-year terms. Although there are no qualifications in addition to those required of all individuals seeking appointment to an advisory body, some knowledge or background in personnel matters is very helpful. Meetings The board meets whenever a personnel matter requires it -- which fortunately isn't very often. When it meets, it does so on whatever day of the week can be arranged, usually during the day, and in the Council Hearing Room at City Hall. However, occasional night meetings may be requested. Functions The board makes recommendations in two general areas: when an employee appeals a disciplinary action taken against him, and when an employee files a grievance that can't be settled at an administrative level. In the case of a grievance, the board will give the City Administrator an advisory opinion, based either on the written record alone or on the written 20. 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. 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 is present for the entire hearing, or if he certifies he has listened to a recording of or read the transcript of the entire hearing. 21. PLANNING COMMISSION Purpose The Planning Commission must regularly make decisions regarding development applications. Some are recommendations to the City 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 Planning 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 jobs for the Commission. The Commission is responsible to the City Council. Members Members of the Planning Commission are not necessarily planning professionals and no training is required for membership. Members occasionally may be requested to attend seminars and workshops to improve skills in planning. The Planning Commission has five members, appointed by the City Council to two-year terms. Meetings The Planning Commission regularly meets on the second and fourth Wednesdays at 7:00 p.m. in the Council Chambers of City Hall. In addition, the Commission may meet in a study session from time to time as the need arises. Functions The Planning Commission make recommendations to the City Council in five areas: 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. 22. Zoning - the Commission reviews proposals for changes in the zoning of land or in the zoning regulations and makes recommendations to the City Council. In some matters, such as use permits, the Commission's decision is final unless appealed to the Council. Subdivisions - the Commission makes recommendations to the Council on the subdivision of land. Capital Improvement Program - the city's long-range plan for spending on major municipal construction projects, equipment purchases and planning studies is reviewed by the Planning Commission and its recommendations are forwarded to the City Council. 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 City Council on possible remedies. In"weighing decisions on the growth and development 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. PROMOTIONAL COORDINATING COMMITTEE Purpose The Promotional Committee pursues two goals: - To work toward improving the quality of life available to all of the residents of San Luis Obispo and to our visitors. - To promote the development of San Luis Obispo as a regional trade, recreation and tourist center, providing that such development is consistent with long-range community goals. Status The City Council established the committee in 1970 as a permanent body responsible directly to the Council. This committee is unusual in that it has an annual budget derived from a fixed percentage of certain tax receipts. Members The PCC has seven (7) members appointed by the City Council to two-year terms. The Council usually seeks individuals with experience in some aspect of promotion or advertising. Meetings The PCC meets on the second Wednesday of every month at 5:30 p.m. in the Council Hearing Room at City Hall. Functions - Planning a comprehensive, long-range program to promote the city. - Preparing an annual program in line with the long-range program. The committee's recommendation for the annual program is presented to the City'Council for approval at the first regular Council meeting in May. - Hearing requests from cultural and other groups seeking city grants, and recommending how grant money should be distributed. - Developing city advertising and promotional programs. - Developing promotional publications such as maps, informational flyers and community calendars. 24. Initiating and supporting community activities. Providing a link between other city committees and civic organizations outside of government. 25. 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 54950-54961) applies to some or all of the city advisory bodies. The Brown Act is, of course, 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, more recently 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 as well 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 meeting and notice requirements are set forth in 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 party 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 City Council and City Attorney shall be apprised of the existence of such subcommittees.. 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. 26. Name APPLICATION FOR APPOINTMENT TO A CITY ADVISORY BODY Commission applied for Residence Street Address City Zip Code Bus. Address Telephone No. Bus. Telephone Are you a registered elector of the City? Are you a full-time paid officer or employee of City Gov't? EXPERIENCE/BACKGROUND: Present occupation (use reverse side for any add'l information) Membership in organizations Reasons why you feel you should be appointed to this commission (use reverse side for any additional information - 200 words maximum) Please state previous service on any City advisory body by name and dates: This application must be returned to the office of the City Clerk, San Luis Obispo City Hall,.by PLEASE NOTE: Each applicant shall have read and become familiar with the contents of the Advisory Body Handbook prior to interview with the Council Screening Committee. Copies of this handbook are available at the office of the City Clerk. DATE RECEIVED FOR OFFICE USE ONLY Date distributed to Mayor/Council offices Dates interviewed (If appointed) DATE TERM 27. Name Residence Bus. Address_ Telephone No. J APPLICATION FOR REAPPOINTMENT TO A CITY ADVISORY BODY Street Address Commission reapplied for ty Zip Code Bus. Telephone Are you currently a registered elector of the City? Are you a full-time paid officer or employee of City Government? Present occupation (use reverse side for additional information) Membership in organizations Reasons why you feel you should be reappointed to this commission (use reverse side for any additional information - 200 words maximum) When were you appointed to this commission? Month Year PLEASE NOTE: Each applicant shall have read and become familiar with the contents of the Advisory Body Handbook prior to interview with the Council screening committee. Copies of this handbook are available at the office of the City Clerk. This application must be returned to the. 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