HomeMy WebLinkAboutItem 5a. Review Amendments to the CBOA Bylaws Item 4d
Construction Board of Appeals
Agenda Report
For Agenda of: 4/25/2024
Item Number: 4d
FROM: Michael Loew, Deputy Director/Chief Building Official
Prepared By: Michael Loew, Deputy Director/Chief Building Official
SUBJECT: BYLAW REVISION TO ADJUST RESIDENCY REQUIREMENT FOR THE
CONSTRUCTION BOARD OF APPEALS
RECOMMENDATION
Consider amending the Construction Board of Appeals Bylaws to broaden the
qualifications for the two disabled member positions, and to exempt those positions from
the current residency requirement
Policy Context
Section 3, subsection B., paragraph 1 (Bylaws), of the Advisory Body Handbook states
the following:
Bylaws: Each advisory body has approved bylaws that set forth procedures, purpose
and purview, specific functions, meetings, officers, budget, etc. (Charter, Article XII,
Section 1204). By May 1st of 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 through the City Clerk for approval. If no changes are proposed, a report of the
review shall be submitted.
City charter section 1201: “All registered voters within the City, except part or full-time
officials and management employees of the City, shall be eligible for appointment, and
shall be selected and appointed by any method deemed appropriate by the Council.
Participation on citizen committees, commissions, boards and authorities by non-
registered voters or non-city residents may be permissible depending upon the
nature and purpose of the advisory body, as determined by the City Council.”
DISCUSSION
The Construction Board of Appeals (CBOA) has had a longstanding vacant position.
This position is required to be filled by a member of the community who is physically
disabled. Staff is recommending that the CBOA consider supporting an amendment to
the current language as follows:
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Item 4d
Current Membership and Terms Proposed Membership and Terms
The Construction Board of Appeals
(CBOA) consists of seven members.
Members must be residents and
registered voters of the City pursuant to
the City of San Luis Obispo City Council
Policies & Procedures Manual. Five of the
seven members shall be qualified by
experience and training to pass on
matters pertaining to building construction
and building service equipment, hazards
of fire, explosions, hazardous conditions
or fire protection and who are not
employees of the City. Two members of
the Board shall be physically disabled
persons, as defined in the adopted
California Building Code. Board members
may serve simultaneously on other non-
technical City advisory bodies pursuant to
the City of San Luis Obispo City Council
Policies & Procedures Manual.
Each term of office will be for four years.
There is no limitation to the number of
consecutive terms of appointment.
The Construction Board of Appeals
(CBOA) consists of seven members. Five
of the seven members shall be qualified
by experience and training to pass on
matter pertaining to building construction
and building service equipment, hazards
of fire, explosions, hazardous conditions
or Fire protection and who are not
employees of the City. Two members of
the Board shall be physically disabled
community representatives* and shall be
exempt from residency requirements.
Each term of office will be for four years.
There is no limitation to the number of
consecutive terms of appointment.
* Physically Disabled Community
Representative
Preference will be given to individuals
who are registered City of San Luis
Obispo voters and who identify as an
individual with a physical disability or are
a member of the physically disabled
community. However, if recruitment for
this position does not result in sufficient
qualified registered City voters,
membership may be considered for:
A physically disabled community
member who lives outside the City
limits, but within the County of San
Luis Obispo.
A community member who lives
outside the City limits, but within the
County of San Luis Obispo that has a
close connection with the physically
disabled community, such as an
individual who works in a professional
or advocacy capacity serving the
physically disabled community, has a
physically disabled household or
family member/loved one, serves as a
caregiver, or similar connection.
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Item 4d
BACKGROUND
The Humans Relations Commission and the Mass Transportation Committee have
recently made exceptions to the residency requirements for their members that must be
uniquely qualified. Additionally, the Mass Transportation Committee also has a
requirement for a physically disabled person. This new language for the Physically
Disabled Community Representative is consistent with the Mass Transportation
Committee’s membership and terms.
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