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HomeMy WebLinkAbout09/06/2005, C7 - ARCHITECTURAL REVIEW COMMISSON BYLAWS AMENDMENTS counat Wd Dam j acEnaa wpoRt 7 CITY OF SAN LUIS O B I S ? O FROM; John Mandeville,Community Development Dir _ .. Prepared By- Ronald Whisenand,Deputy Directo - SUBJECT: ARCHITECTURAL REVIEW COMMISSION BYLAWS AMENDMENTS CAO RECOMMENDATION Adopt a resolution amending the Bylaws of the Architectural Review Commission. DISCUSSION City Charter (Charter, Article XII, Section 1204) requires that every" advisory body to the City Council have a set of,bylaws that set forth procedures, purpose, specific functions, meetings, officers, budget, etc:. The City's Advisory Body Handbook requires that Bylaws be reviewed on a periodic basis and that Commission's provide the Council with recommendations for any changes. The Community Development Department reviewed the current Bylaws with each of the three advisory bodies (Planning Commission, Architectural Review Commission, and Cultural Heritage Committee) that we are responsible for. The Planning Commission and Cultural Heritage Commission had both changed their bylaws in 2003 and had no further changes to make. The Architectural Review Commission (ARC) noted several inconsistencies in the way that the titles "Chairperson" and "Vice-Chairperson" were used. In some instances, the word "Chairman" and "Vice-Chairman" is used and.in others, "Chairperson" and "Vice-Chairperson. The ARC wanted all references to be consistent. Although Chairperson Howard preferred the use of the title "Chairman" and "Vice-Chairman" it is City practice to use non-gender specific terms whenever possible:_ A legislative draft of the proposed changes to the ARC Bylaws is included as Attachment . The Resolution formally approving the recommended changes is included as Attachment 2. FISCAL IMPACT There are no fiscal impacts with the recommended changes ALTERNATIVES The Council may approve the recommended changes or make other changes that are deemed appropriate. C 7—1 Council Agenda Report-ARC Bylaws Update Page 2 ATTACHMENTS 1. Legislative Draft of Amendments to the ARC Bylaws 2. Resolution approving changes to the.ARC Bylaws G\Groups\Comdev\CD-Plan\rwhisena\Advirsory Body By-laws update 2005.doc c7= a Attachment 1 Arcliitectural Review Commission By-laws 1. Meetings A. Regular meeting_s shall be held at 8:00 p.m. on the first and third Monday of each month.. B. Agenda items shall be completed by 9:00 p.m. unless the consent of a rn majority of comissioners agree to extend the meeting. C. Regular meetings shall be held in the Council Hearing Room, City Hall, 990 Palm Street, San Luis Obispo, California D. In the event that the Architectural Review Commission desires to hold all or any portion of a regular meeting at a place other than the City Hall, then the place of such meeting shall be posted on at the doors of the Council Hearing Room prior to the time designated for the meeting. 2. Election of Officers A. The commission shall select a ehai�aaChai4p nerso and Vice=Chairperson from among its members to serve for a one-year term beginning April 1st of each year. B.. Commissioners shall seine as Chaimian Chdrp r ne sor ne so or` r an Vice=Chaiipe son at the discretion of the Commission. C. The�'Ghairpe ors n shall preside at all meetings of the commission. The v V� ice-Chairperson is mChairperson m the absence of the ehnifMAn Chairperson or in case of inability of the Graft C ' erson to act. 3. Conduct of Meetings A. Commissioners should address questions through the chairperson. B. Members of the audience should address commissioners or other persons present through the chairperson.. C. Procedure for reviewing public hearing items: After roll call the ehair-per-seii Chaiiperson shall announce to the public the procedures to be followed to consider the public hearing items and then proceed as follows: 1. The Chairperson shall introduce the items and ask for oral staff reports: 2. The staff report previously submitted to the Architectural Review Commission shall be placed into the record with all communications received regarding the proposal. Staff reports shall be submitted for all public hearing items in a form acceptable to the Commission. 3. The applicant shall be invited to make a presentation on behalf of the request. 4. Members of the public wishing to speak in favor or in opposition of the application shall be invited to make a presentation. C7 -3 I ' Attachment 1 5. The public hearing shall be closed to the public and discussion confned.to members of the commission;provided that the commission may reopen the public hearing at any time prior to a decision on an item on an affirmative vote if the majority of those members present. 6. The Commission, upon formal motion, shall take action on the proposal. The Chairperson shall inform the applicant and public of the right of appeal and procedures for filing such an appeal. 4. Quorum A. Four members of the commission constitutes a quorum for the transaction of business, but a lesser number may adjourn from time to time and continue the consideration of pending business. B. No approval or other action of the commission shall become effective without receiving the affirmative vote of a majority of the members present. 5. Voting A. Except as otherwise provided in the San Luis Obispo Municipal Code and state law, no motion or any other action shall be passed or become effective without receiving the affirmative vote of at least a majority of members present. B. Failure to receive such an affirmative vote shall result in failure or denial, as appropriate, of-the motion or other action. C. Except as allowed under the Political Reform Action of 1974, any member abstaining due to a declared conflict of interest shall not participate in the discussion of the items or otherwise influence or attempt to influence in any manner the decision on the item. D. All members, when present, must vote except when refraining from participating due to a potential conflict of interest.. 6. Public Records A. Records of all public hearings shall be made available to the public in the office of the Community Development Department. B. Secretary—Duties: The secretary shall be a representative of the community development department, and shall keep minutes of each meeting and shall record the official action taken. The records of all proceedings and the basis for all findings shall be available to the council and to the public. 7. Attendance A. Any member of the Architectural Review Commission who fails, for any reason, to attend three (3)consecutive regular, adjourned regular, or specially-scheduled(excluding Commission site visits) meetings, or a total C7 - l Attachment I of six (6) such Commission meetings within any 12 month period, shall be reviewed by the Chairperson for possible referral to the City Council. 8, filling vacancies and removal of members. A. Vacancies shall be filled for unexpired terms..The council; majority by action, may remove any comr-ffi-ss-iorier as provided.in the City Charter. 9. Rules, regulations and procedures. A. The commission may adopt rules, regulations and "procedures as required for the transaction of its business. These rules shall,become effective upon - approval of the council. Attachment 2 RESOLUTION NO. (AO'Se njes) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE BYLAWS FOR THE ARCHITECTURAL REVIEW COMMISSION WHEREAS, the City's Advisory Body Handbook requires the bylaws of every advisory body to be-reviewed by May I"of each odd numbered year;,and WHEREAS,the Architectural Review Commission reviewed their bylaws on.June 20, 2005 and is recommending Council approval of proposed changes; NOW, THEREFOREi BE IT RESOLVED by the Council of the City of San Luis Obispo that the Architectural Review Commission's bylaws are amended as contained in Exhibit A. Upon motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT:. The foregoing resolution was adopted this day of 2005. David F. Romero, Mayor ATTEST:. Audrey Hooper, City Clerk APPROVED AS TO FORM: Jonathan Lowell, City Attorney C-7 R Attachment 2 Exhibit A . Architectural Review Commission By-laws Amended by Resolution No. (2005 Series) 1. Meetings A. Regular meetings shall be held at 5:00 p.m. on the first and third Monday of each month. B. Agenda items shall be completed by 9:00 p.m. unless the consent of a majority of commissioners agree to extend the meeting. C. Regular meetings shall be held in the Council Hearing Room, City Hall, 990 Palm Street, San Luis Obispo, California. D. In the event that the Architectural Review Commission desires to hold all or any portion of a regular meeting at a place other than the City Hall,then the place of such meeting shall be posted on at the doors of the Council Hearing Room prior to the time designated for the meeting. 2. Election of Officers A.. The commission shall select:a Chairperson and Vice-Chairperson from among its members to serve for a one-year-term beginning April 1st of each year. B. Commissioners shall serve as Chairperson or Vice-Chairperson.at the discretion of the Commission. C. The Chairperson shall preside at all meetings of the commission. The Vice-Chairperson is Chairperson in the absence of the Chairperson or in case of inability of the Chairperson to act. 3. Conduct of Meetings A.. Commissionersshouldaddress questions through the chairperson. 13. Members of the audience should address commissioners or other persons present through the chairperson. C. Procedure for reviewing public hearing items: After roll call the Chairperson shall announce to the public the procedures to be followed to consider the public hearing items and then proceed as follows: 1. The Chairperson shall introduce the items and ask for oral staff reports. 2. The staff report previously submitted to the Architectural Review Commission shall be placed into the record with all communications received'regarding the proposal. Staff reports shall be submitted for all public hearing items in a form acceptable to the Commission. 3. The applicant shall be invited to make a presentation on behalf of the request. Attachment 2. Exhibit A 4. Members of the public wishing to speak in favor or in opposition of thZ application shall be invited to make a presentation. 5. The public hearing shall be closed to the public and discussion confined to members of the commission; provided that the commission may reopen the public hearing at any time prior to a decision on an item on an affirmative vote if the majority of those members present. 6. The Commission, upon formal motion, shall take action on the proposal. The Chairperson shall inform the applicant and public of the right of appeal and procedures for filing such an appeal. 4. Quorum A. Four members of the commission constitutes a quorum.for the transaction of business, but a lesser number may adjourn from time to time and continue the consideration of pending business. B. No approval or other action of the commission shall become effective without receiving the affirmative vote of a majority of the members present. 5. Voting A. Except as otherwise provided in the San Luis Obispo Municipal Code and state law, no motion or any other action shall be passed or become effective without receiving the affirmative vote of at least a majority of members present. B. Failure to receive such an affirmative vote shall.result in failure or denial, as appropriate, of the motion or other action. C. Except as allowed under the Political Reform Action of 1974, any member abstaining due to a declared conflict of interest shall not participate in the discussion of the items or otherwise influence or attempt to influence any manner the decision on the item. D. All members, when present, must vote except when refraining from participating due to a potential conflict of interest. 6: Public Records A. Records of all public hearings shall be made available to the public in the office of the Community Development Department. B. Secretary—Duties: The secretary shall be a representative of the community development department, and shall keep minutes of each meeting and shall record the official action taken. The records of all proceedings a-id the basis for all findings shall be available to the council and to the public. 7. Attendance A. Any member of the Architectural Review Commission who fails, for any reason, to attend three (3)consecutive regular, adjourned regular; or C.7 ^ O Attachment 2 Exhibit A specially-scheduled(excluding Commission site visits) meetings, or a total of six (6) such Commission meetings within any 12 month period, shall be reviewed by the Chairperson for vossible referral to the City Council. 8. Filling vacancies and removal of members. A. Vacancies shall be filled for unexpired terms. The council,by majority action, may remove any commissioner as provided in the City Charter.. 9. Rules,regulations and procedures. A. The commission may adopt rules, regulations and procedures as required for the transaction of its business. These rules shall become effective upon approval of the council. C-7