HomeMy WebLinkAbout1983 ADVISORY BODY HANDBOOKRESOLUTION N0. 5039 (1983JSeries.)_;
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBIPSO ADOPTING REVISED HANDBOOK FOR
ADVISORY BODIES AND RESCINDING RESOLUTION NO.
4533 (1981 Series)
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advisory bodies and Resolution No. 4533-(1981 Series) is hereby rescinded.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 members of advisory bodies.
On motion of Councilman Settle
and on the following roll call vote:
seconded by Councilman Griffin ,
AYES: Councilmembers Settle, Griffin, Dovey and Mayor Billig
NOES: None
ABSENT: Councilman Dunin
the foregoing Resolution was passed and adopted this 18th, day of January
1983.
ATTEST:
CITY �LEW PAME—LA VO
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City Attorney
R. 5039
A D V I S O R Y B 0 D Y
H A N D B O O K
City of San Luis Obispo
California
January 1983
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. I N T R O D U C T I O N
Welcome tb San Luis Obispo City government!
Thank you for your interest in serving 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 our 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 in the way of helping the City Council
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.
There usually are no easy answers that please everyone.
The reasons for this handbook are twofold: (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.
These are the things we hope this handbook will 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.
.5. The responsibilities of an advisory body member.
The City Council and staff 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.
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II. HOW OUR CITY GOVERNMENT WORKS
A. City Charter
The basic framework for San Luis Obispo's municipal government is defined
in the City Charter, which was originally adopted in 1876. The Council of a
chartered city is given more legislative flexibility and authority than is a
general law city Council, and the citizens of San Luis Obispo may vote to amend
their Charter. A major revision was adopted by the voters in 1978.
B. City Council
The City Charter mandates an elected, five -member City Council as the
governing body of the city. Four City Council members serve 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 City Council meetings are held on the first and
third Tuesdays of each month in the Council Chambers of City Hall. In
addition, special meetings and study sessions are held from time to time as the
need arises.
The City Council has the power to make and enforce all laws and
regulations relating to municipal affairs, subject to the ].imitations of the
City Charter, the California Constitution, and some state statutes.
Most final decisions on city taxes and fees, budgets, city policy, and
general plan and land use issues are made by the City Council.
C. Council -Appointed Officers
City Administrator. The City Charter requires the City 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, through their directors, are
responsible to the City Administrative Officer. However, any action,
determination, or omission of the City Administrator can be overruled or
changed by the City Council.
City Attorney. The City Attorney provides legal services and advice to
the. City Council, the Administrative Officer, department staffs, 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 ordinances. The City Attorney is appointed
by and is directly responsible to the City Council.
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City Clerk. The City Clerk prepares City Council agendas and records the
minutes, conducts city elections, maintains city records, administers certain
insurance programs and assists the City Council as requested. The City Clerk
is appointed by and is directly responsible to the City Council.
D. 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 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. The Finance Director/City Treasurer is appointed by and is
responsible to the City Administrator, with Council confirmation of the
Treasurer designation.
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, administering the city's personnel rules, evaluating
employee salaries, administering the city's affirmative action program and
monitoring the city's self-insurance program. The Personnel Director is
appointed by and is responsible to the City Administrator.
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 City Administrator.
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 Department") 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 the largest in the city and
has numerous and varied responsibilities related to the design, operation, and
maintenance of city utilities and other facilities. These include the sewage
and water treatment plants, sewer and water lines, streets and sidewalks,
traffic controls, city parking lots and meters, drainage channels, municipal
buildings, and parks and public -area landscaping. The department also oversees
operation of the city's bus system which is run by a private company under
contract to the city.
Divisions of the Public Works Department are: Administration,
Transportation, Utilities, Building and Parks and Engineering.
The Public Works Director is appointed by and is responsible to the City
Administrative Officer.
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Parks and Recreation. The Parks and Recreation Department plans and
manages recreational activities at city parks and recreational facilities. The
"Rec" department's goal is a program of leisure activities that provide
something for everyone, including out-of-town trips. 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. The department is headed by the Recreation
Director who is appointed by and is responsible to the City Administrator.
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 City Administrator.
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 also responds
to medical emergencies. 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. This department is under the direction of the Fire
Chief who is appointed by and is responsible to the City Administrator.
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III. STANDING ADVISORY BODIES
A. Background
The City 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 City Council. Advisory
bodies can improve the quality of city government by providing the City Council
with resources to make better -informed decisions. Other benefits of committees
and commissions include improvement in the lines of communication between the
public and the City 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 California law or City 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.
Advisory bodies are, by definition, volunteer in nature and are unpaid
agencies. The budget process is the vehicle by which the City Council
determines any financial support for advisory bodies..
The authority of an advisory body will depend upon its specific purpose.
Some have been delegated specific authority to approve or deny projects. 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. All
final decisions made by any commission 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 City Council to do otherwise. There should
be a two-way communication, so that commissions are aware of long-term goals
that City Council has adopted, and the City Council is receptive to new ideas
that are presented by the advisory bodies. The City Council may not always
accept the recommendation of an advisory body because of additional information
available or a need to balance the recommendation against other city
priorities.
Most of the bodies report directly to the City Council, although some,
such as Planning Commission or Parks and Recreation Commission, make their
recommendations to or through specific departments. Other bodies have no
connection with any specific department, but may be assisted by staff members
from various departments.
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G
While staff support may be provided or made available to assist, advisory
bodies do not have supervisory authority over city employees. Staff members.
may work closely with advisory bodies, but they remain responsible to their
immediate supervisors and ultimately to the City Administrator and City
Council.
B. Policies
1. Communications.
a. Annual report. 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 (City
Charter, Article XII, Section 1205). The City Council expects this report
to be detailed and analytical.
b. Written reports. Advisory bodies are occasionally requested to
make special reports or recommendations to the City Council on specific
subjects. The City 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
City 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 City
Council agenda, the report must be submitted to the City Clerk no later
than one week prior to the City 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 City Council in a timely manner.
d. Budget. Each advisory body shall prepare its budget request in
February and submit this request on the form provided at the time and
place as directed by the. City Administrative Officer. The advisory body
chairperson will be responsible for speaking to this request when the City
Council reviews the budget in study session. The CAO will notify the
chairperson of time and place of such Council review.
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 City Council.
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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 City Council.
g. Oral testimony. If a member of an advisory body appears before
the City Council in a capacity other than as representative of that body,
it should be explained in advance that any statements made are not to be
construed as representing the opinions or recommendations of that advisory
body.
h. Changes. Changes of a member's address or telephone number and
the names of new officers shall be submitted to the City Clerk or the City
Council's secretary as soon as possible.
2. Absences, Leaves of Absence, and Resignations.
a. Attendance. If a member of an advisory body fails, for any
reason, to attend three (3) consecutive regular meetings or a total of six
(6) regular meetings within any twelve-month period, that member shall
automatically be considered for replacement. The chairperson of the
advisory body shall inform the City Council of such a situation,
explaining any special circumstances..
b. 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.
c. Leaves of absence. Leaves of absence are not granted to
advisory body members.
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 City Council with copies forwarded to the chairperson of
the advisory body and to the City Clerk.
3. Bylaws and Procedures.
a. Bylaws. Each advisory body shall present to the City Council,
for its approval, bylaws for procedure, purpose, specific functions,
meetings, officers, budget, etc. (City Charter, Article XII, Section
1204).
Beginning in 1983, and every other year thereafter, by May 1st, the
bylaws of each advisory body shall be reviewed by that body and
resubmitted, with any changes, to the City Council for approval. Should
this review not be accomplished by May 1st, the City Council may direct
staff or a Council -appointed subcommittee to do the review.
b. Code of ethics. Each body shall also develop its own code of
ethics or conduct, subject to review and approval by the City Council.
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c. Parliamentary procedure. Parliamentary procedures for all
advisory body meetings shall be governed by Robert's Rules of Order, Newly
Revised.
d. Annual dinner. Advisory bodies may each hold one 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 City Council.
4. 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 each
advisory body (City 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. Term of office. 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.
For the purpose of this section, completion of a partial term of
office as chairperson or vice chairperson shall not preclude an
advisory body member from serving two additional, consecutive, full terms,
provided that the partial term served is less than six (6) months.
c. Secretary. Each advisory body, at its discretion, may also, in
April, elect a secretary who shall serve for a term of one (1) year and
may be re-elected for additional terms.
C. Membership Qualifications 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:
1. Applicant must be a resident of the city at the time, and during the
entire term of appointment.
2. Applicant must be at least eighteen (18) years of age at the time of
appointment.
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3. Applicant must be a registered voter at the time, and during the
entire term of appointment.
4. Each person seeking appointment or reappointment to an advisory body
shall obtain and file an 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.
5. Applicant shall have read and become familiar with the contents of
this handbook prior to interview with the City Council screening
committee.
6. Applicants for appointment or reappointment 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. The screening committee shall submit to the entire Council its
recommendations for appointment.
7. Applicants not appointed will be so advised and their applications
may be considered in the event of a future vacancy.
8. As a general policy, an applicant shall not be appointed to serve on
more than one advisory body at a time and will be expected to resign
from one body when being appointed to another.
D. Term of Office
The term of office of each appointee to an advisory body shall be two (2)
years and shall commence on April 1. No appointee shall serve on the same
advisory body for more than four (4) consecutive, full terms (eight years), but
may subsequently give like service to another advisory body.
Appointment to a vacant seat on an advisory body shall not preclude the
appointee from serving four consecutive, full terms following completion of the
initial partial term, provided that the partial term served is less than one
(1) year.
E. Ethics and Conflicts 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 any such interest in any proposed activity of the
advisory body and shall not participate in any related deliberations or actions
of that body.
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Z.
4. All members of the Planning Commission, Architectural Review
Commission, Promotional Coordinating Committee, 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. No advisory body or any of its members shall willingly or openly
embarrass the City Council or the city staff.
F. Removal From Office
Members of advisory bodies serve at the pleasure of the City 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 City 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 out -going member, the chairperson shall communicate with the
City Clerk or City Council's secretary in order to avoid duplication of awards.
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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 manmade
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 t
ordinance in November, 1973, and began
planner in the Community Development
plans, confers with designers, prepares
for the commission. The commission
Council, which bears all appeals of ARC
Members
> as the ARC, was established by a city
operating in 1974. It is staffed by a
Department who evaluates development
meeting agendas, and'handles other jobs
is responsible directly to the City
decisions.
The ARC has seven (7) citizen members, appointed by the City Council to
two-year terms. The only special qualifications for membership are: (1) a
proven interest in the city's physical environment and (2) the ability to make
positive and fair aesthetic evaluations.
Meetings
The ARC meets on the first and third Mondays of each month at 4 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 City 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 to 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, visiting project sites, and working with designers to ensure that
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projects follow th
subjective matter,
encourage creative
techniques.
established
and for this
designs and
city guidelines. Good
reason, the guidelines
the innovative use of
design, obviously, is a
emphasize flexibility to
materials, methods, and
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
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,
requires ARC approval before a building permit can be issued. The only three
types that do not have this requirement are:
1. Signs that meet the minimum standards of the sign ordinance (and are
not part of a larger project that does require ARC approval);
2. Minor proposals and minor construction which are incidental to a
larger project;
3. Individually built houses, with a few exceptions as determined by the
Community Development Director according to ordinance.
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 concerns 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 n_ew 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.
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V. HUMAN.RELATIONS COMMISSION
Purpose
The Human Relations Commission, more commonly referred to as the HRC,
advises the City Council on matters concerning social problems affecting the
residents of the city. Such advice is intended to promote mutual under-
standing, 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.
Status
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 City Council to two-year
terms. While there are no qualifications in addition to those usually required
of appointees to a city commission, the City Council usually seeks individuals
with experience or a demonstrated interest in social issues.
Meetings
The HRC meets at 7:00 p.m. on the first Wednesday of every month in the
Council Hearing Room at City Ball.
Functions
Functions of the HRC include:
1. Providing a forum which allows residents to discuss problems relating
to human rights and relations.
2. Assisting in resolution of tenant/landlord problems, such as an
inspection service which relates to conflicts over rental -deposit
refunds.
3. Reviewing and evaluating all city -funding requests from groups which
provide human services and providing a liaison between the city and
those groups which receive city funds.
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Human Relations Office. The Human Relations office 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 who provide varied human services.
The office staff is also in contact with other human -services agencies
throughout the county and state. The Human Relations office is under the
supervision of a Program Coordinator who is appointed by and is responsible to
the City Administrator.
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VI. 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 voters in 1941, and until
1978 was one of only two commissions mandated in the City Charter. The 1978
City Charter revision dropped all reference to this commission and left it to
the City Council to establish individual commissions by separate ordinances.
The commission works closely with the Recreation Director and his staff
and with the Parks Maintenance Division of the Public Works Department.
Members
The Park and Recreation 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 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 for the parks that will be needed in the future as the city
grows.
4. Advise the Recreation Director, as requested, on department
administration.
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VII. 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 City Council based on complete information, thus relieving the City
Council of what can be a very time-consuming process.
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 City Council, began operating in July, 1979. The
Personnel Department provides whatever staff support the board requires.
Members
The Personnel Board has five (5) members, appointed by City 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, at a time
mutually convenient to board members, staff and other involved persons. The
meetings are held at City Hall and usually during the day, but occasionally
night meetings may be requested.
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 can not 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
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 City Council.
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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.
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VIII. PLANNING COMMISSION
Purpose
The Planning Commission must regularly make decisions regarding land use
policies and specific development applications. Some are recommendations to
the City Council and some are final, subject to appeal to the City 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 1940s. 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 City Council.
Members
The Planning Commission has seven (7) members, appointed by the City
Council to two-year terms. Members are not necessarily planning professionals
and no special training is required for membership. Members occasionally may
be requested to attend seminars and workshops to improve skills in planning.
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 study session as the need arises.
Functions
The Planning Commission makes 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.
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 City Council.
18
Subdivisions. The commission makes recommendations to the City 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 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.
19
IX. PROMOTIONAL COORDINATING COMMITTEE
Purpose
The Promotional Coordinating Committee pursues two goals:
1. To work toward improving the quality of life available to all of the
residents of the city of San Luis Obispo and to our visitors.
2. To promote the development of San Luis Obispo City 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 City Council. This committee is unusual in that it
has an annual budget derived from an established formula for allocation of
certain tax receipts.
Members
The committee has seven (7) members appointed by the City Council to
two-year terms. The City Council usually seeks individuals with experience in
some aspect of promotion or advertising, as well as representatives of the
cultural community.
Meetings
The committee meets on the second Wednesday of every month at 5:30 p.m. in
the City Council Hearing Room at City Hall.
Functions
The functions of the committee are:
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 City Council for approval at the first regular City Council
meeting in May.
a. Developing city advertising and promotional campaigns.
b. Developing promotional publications, such as maps, informational
flyers and community calendars.
20
3. Hearing requests from cultural and other groups seeking city grants,
and recommending how grant money should be distributed.
4. Initiating and supporting community activities that are meaningful to
residents and visitors alike.
5. Providing a link between the city committees and civic organizations
outside of government.
21
X. TECHNICAL OR SPECIAL ADVISORY BODIES
Continuing and/or Special Purpose
Examples of a continuing and/or special purpose committee are the Mass
Transportation Committee, Tree Committee, Cultural Heritage Committee, and the
Citizens Advisory Committee.
These committees are appointed by the City Council or the City
Administrator. They are considered permanent, but usually meet only when
projects and proposals require their attention. Membership is 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 (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 City Administrator and the Council
through the staff.
Ad-hoc or Temporary
The ad-hoc or temporary committee 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 and
possible recommendations to the city staff, and it ceases to exist when its
report is filed in the city administrative office. There are no prerequisites
for appointment except interest and expertise as determined by the City
Administrator or the City Council. An applicant for appointment to an Ad Hoc
or Temporary committee need not be a resident of the city. The City
Administrator shall keep the City Council informed regarding the existence and
programs of all such committees.
22
XI. HOUSING AUTHORITY BOARD OF COMMISSIONERS
Purpose
The Housing Commission advises the City Council on the housing issues and
needs of the low and moderate income households in the city.
Status
The Housing Commission was established by the City Council in 1968 to
fulfull the responsibilities related to the creation of the City Housing
Authority. The Housing Authority is a 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 corporate bylaws of the Commission.
Members
The Housing Commission has seven (7) members, appointed by the City
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. The other two members are appointed from the Housing Author-
ity'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
The Housing Commission meets on the fourth Thursday of each month at 4:00
p.m. at the Housing Authority Office, 487 Leff Street, San Luis Obispo.
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.
23
XII. BUSINESS IMPROVEMENT AREA ADVISORY BOARD
Purpose
The purpose of the Business Improvement Area (B.I.A.) shall be:
1. To study and recommend solutions.to problems relevant to parking and
traffic circulation within the area;
2. General promotion of trade activity in the area; and
3. Development and implementation of beautification programs for the area.
Status
The Downtown Parking and Business Improvement Area was established by the
City Council in 1975, with boundaries approximating the mayor 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 and the revenues derived from this assessment are to be
used exclusively for the activities conducted to carry out the purpose of the
organization.
Members
The Advisory Board of the B.I.A. is comprised of eleven (11) members who
each have a business in the Area. The Board members are first elected by
ballot of all B.I.A. members and then confirmed as appointments by the City
Council for two-year terms.
Meetings
The B.I.A. Advisory Board meets once a month at a location in the Area.
Further information regarding dates and location may be obtained at the office
of the City Clerk.
24
XIII. APPENDICES
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 through 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 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 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.
91
APPLICATION FOR APPOINTMENT TO A CITY ADVISORY BODY
Name of Applicant Commission Applied For
Residence Street Address City Zip Code
Residence Telephone Number Business Telephone Number
Business Street Address City Zip Code
1. Are you a registered elector of the city (circle one)? YES NO
2. Are you a full—time paid officer or employee of city government (circle
one)? YES NO
3. Education:
4. Present occupation:
5. Membership in organizations:
6. Please specify reasons why you feel you should be appointed to this
commission (use reverse side for any additional information --200 words
maximum):
7. Please list other advisory bodies for which you are applying at this time:
8. Please state previous service on any city advisory body by name and dates:
PLEASE NOTE: This application must be returned to the City Clerk by
EACH APPLICANT SHALL HAVE READ AND BECOME FAMILIAR WITH THE CONTENTS OF THE
"ADVISORY BODY HANDBOOK" (available from City Clerk) PRIOR TO INTERVIEW WITH
THE CITY COUNCIL SCREENING COMMITTEE.
* * * * * FOR OFFICE USE ONLY * * * * *
Screening Committee:
27
Interview Date:
Appointment Date:_
Term Expiration Date:
e ` w
J
APPLICATION FOR REAPPOINTMENT TO A CITY ADVISORY BODY
Name of Applicant Commission Reapplied For
Residence Street Address City Zip Code
Residence Telephone Number Business Telephone Number
Business Street Address City Zip Code
1. Are you a registered elector of the city (circle one)? YES NO
2. Are you a full-time paid officer or employee of city government (circle
one)? YES NO
3. Present occupation:
4. Membership in organizations:
5. Please specify reasons why you feel you should be reappointed to this
commission (use reverse side for any additional information --200 words
maximum):
6. When were you originally appointed to this advisory body?
PLEASE NOTE: This application must be returned to the City Clerk by
EACH APPLICANT SHALL BE FAMILIAR WITH THE CONTENTS OF THE "ADVISORY BODY
HANDBOOK" PRIOR TO INTERVIEW WITH THE CITY COUNCIL SCREENING COMMITTEE.
* * * * * FOR OFFICE USE ONLY * * * * *
Screening Committee:
Interview Date:
Re -appointment Date:
Term Expiration Date:
28
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