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HomeMy WebLinkAbout03/21/1989, 4E - AMENDMENTS TO RESOLUTION NO. 6157 AND NO. 6253 (CHANGING THE STRUCTURE AND BYLAWS OF THE CULTURAL H M)-TING nATE: j��� c1ty of san luis mspO ' "-'p9 WRIGn COUNCIL AGENDA REPORT MEM NUMBER FROM: Michael Multari, Community Development Dir. By:.Terry Sanville, Principal Planner SUBJECT: Amendments to Resolution No. 6157 and No. 6253 (changing the structure and bylaws of the Cultural Heritage Committee) to achieve consistency with the Advisory Body Handbook. CAO RECOMMENDATION: The City Council should review the attached resolution, consider the CHC's recommendations, and take appropriate action. BACKGROUND In October 1988, the City Council amended the Advisory Body Handbook. The council asked each commission and committee to review its bylaws or pertinent ordinances and submit amendments needed to achieve consistency with the new handbook. Changes to Resolution No. 6157 and No. 6253 needed to bring about consistency with the Advisory Body Handbook include: 1. Number of Members: would be reduced from eleven to seven. 2. Terms of Office: would change from two to four years. Membership would be limited to two consecutive terms (a total of 8 years). 3. Residency of Members: all CHC members would be required to live in San Luis Obispo. Currently, Resolution 6157 allows for three members to live outside the city. CHC RECOMMENDATION The attached memorandum from the CHC presents their recommendations concerning each of the changes noted above. In addition, Resolution 6157 currently requires that a resident from each historic district be appointed to the CHC. The CHC feels that this this requirement should be a "goal" rather than a membership criteria.. RECOMMENDED ACTION The City Council should review attached Resolution # , consider the CHC's recommendations and take appropriate action. TS:ts Attachments — Memorandum from Chairperson, Charles Quinlan Draft resolution Resolution No. 6157 CHC Bylaws city of sAn lues oBispo III C . i"to ia,a r 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100 February 2, 1989 TO: Mayor Dunin and the City Council FROM: Charles Quinlan, Chairperson, Cultural Heritage Committee VIA: John Dunn, City Administrative Officer SUBJECT: Amendments to the CHC bylaws. The Situation In October 1988, the City Council approved changes to the Advisory Body Handbook and asked all advisory bodies to submit changes to their bylaws needed to bring about consistency. On January 3 and February 2, 1989 the CHC reviewed its bylaws and Resolution #6157 that established the committee in 1987. The CHC wishes to express its concern with some of the changes made to the Advisory Body Handbook. General Concern O The CHC appreciates the council's desire to achieve consistency among all advisory groups. And as the city's newest permanent advisory body, we are still understanding our roles and responsibilities in city government. However, we:feel that the structure of our group (number of members, term of office, member qualifications, residency requirements) needs to relate directly to our work responsibilities. In this context, we feel that the CHC, as a working committee, is significantly different from other advisory groups. The CHC's uniqueness should be reflected in its bylaws and in the Advisory Body Handbook. Specific Concerns 1. Size of the Committee. The Advisory Body .Handbook indicates that the CHC membership would change from eleven to seven. The goal here seems to be to improve efficiency. However, reducing the membership will limit the CHC's productivity. A smaller committee might not be able to undertake as many programs and continue the research and survey work that is now underway. An alternative would be to hire additional staff or consultants which could address, in part, our concern for committee size and productivity. Our preference is to maintain the CHC membership at eleven. Hiring more staff or consultants, or reducing our work program are other alternatives to consider. 2. Leneth of Term. The Advisory Body Handbook established a four-year term for all committee/commission members. This might be too much to ask of people to sit on a working committee. A four-year term might discourage participation. O Our preference is to maintain the existing terms of office (two years) but maybe consider more staggering of terms to reduce the number of appointments per year. OTC i Page 2 -- CHC Bylaws Amendments O I Non-Resident Members. The revised Advisory Body Handbook requires all committee/commission members to be residents of San Luis Obispo. To undertake some of the CHC's projects, people who live outside San Luis Obispo and who have specific expertise may be needed. There are a number of options to address this concern: (a) Have non-residents volunteer to work with the CHC with no committee standing. (b) Allow non-residents to be part of CHC subcommittees with no voting power. (c) Continue to allow non-residents to account for a small portion of the CHC's total membership. Our preference is alternative "c." Since we are more of a working committee than a policy group, this alternative seems appropriate. 4. Requirement For District Representation. Resolution #6157 that created the CHC in 1987 requires that the committee include a resident from each of the three historical districts (Oldtown, Mills Street, the Central Commercial Area). Meeting this requirement may be impractical and unnecessary. Because we are not a large city, expertise in the area of history, historical architecture, or rehabilitation construction are probably more important membership criteria than district residency. As a practical matter, it is difficult to find a someone that lives in the Central Commercial Area. Perhaps, district representation should be a "goal" rather than a membership criteria. Our preference is to eliminate this requirement from Resolution #6157. We look forward to receiving council feedback on our concerns and are available to meet With the council at your convenience. Perhaps at that time it might be helpful for us to report on the programs that the CHC is involved in. (We have attached the changes to our bylaws and Resolution #6157 needed to achieve consistancy with the recent Advisory Body Handbook amendments.) Thank you for your consideration. Attachments O RESOLUTION NO. (1989 Series) AN RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING RESOLUTION NO. 6157 WHICH ESTABLISHED THE CULTURAL HERITAGE COMMITTEE (CHC) AND RESOLUTION NO. 6253 WHICH ADOPTED CHC BYLAWS WHEREAS, in October 1988 the City Council amended the Advisory Body Handbook and requested that all city commissions and committees submit amendments to pertinent ordinances or bylaws needed to achieve consistency with the new handbook; and WHEREAS, on February 2, 1989, the Cultural Heritage Committee reviewed its bylaws and resolution that created it, and forwarded recommendations to the City Council. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as ' follows: SECTION 1. Amendments to Resolution A 6157, as shown on attached Exhibit "A" incorporated herein by reference, are hereby approved. OSECTION 2. Amendments to Resolution * 6253 (CHC bylaws), as shown on attached Exhibit "B" incorporated herein by reference, are hereby approved. On motion of seconded by , and on the following role call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this _ day of , 1989. Mayor ATTEST: O City Clerk Of rOLI Resolution No. (1989 Series) Page 2 APPROVED: Cit Administrative Officer City At ney Community Development Director 'J 14 PTCW APPENDIX A 1= x H l-0tT A REVISE D CHC KESC LUTIO. RESOLUTION NO. 6157 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DEFINING HISTORICAL PRESERVATION GOALS AND ESTABLISHING THE CULTURAL HERITAGE COMNUTTEE AS A CONTINUING SPECIAL PURPOSE ADVISORY BODY. WHEREAS, The Cultural Heritage Committee (CHC) was created in 1981 as a temporary committee to complete an inventory of community historical resources and oversee the development of a Historical Preservation Program; and WHEREAS, the CHC completed an initial inventory of the community's historical, architectural and cultural resources in 1983; and WHEREAS, the City Council adopted resolution 5197 (1983 series) that establishes an official listing of historical resources; and WHEREAS, the CHC, Planning Commission, Architectural Review Commission, City Council, city staff and the public have evaluated numerous alternatives for establishing a Historical Preservation Program; and WHEREAS, on October 7, 1986 the City Council adopted Resolution 6097 which established preservation program guidelines and directed staff to prepare ordinances and other materials needed to establish a preservation program; and WHEREAS, it is appropriate to establish the CHC as a continuing special purpose advisory body to help administer the program; and WHEREAS, it is appropriate to set forth the goals of the city's historical preservation program. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section I: Intent of Historical Preservation. It is in the public interest to protect and preserve historical, architectural, and cultural resources including monuments, sites, objects, structures, buildings and other designated areas. Section 2 Historical Preservation Goals. The city's Historical Preservation Program should: O Resolution No. 6157 (1987 Series) Page 2 L A. Foster civic and neighborhood pride and a sense of identity based on the recognition and use of Historical Resources; B. Promote the enjoyment and use of Historical Resources appropriate for the education and recreation of the people of the city; C. Encourage public knowledge, understanding and appreciation of the city's past; D. Safeguard the heritage of the city by providing for the preservation of Historical Resources which represent significant elements of its history, E. Protect property values and increase economic and financial benefits to the city and its inhabitants; F. Protect and enhance the city's attractions to residents and visitors; G. Encourage architectural styles within Historical Preservation Districts which reflect established architectural traditions. H. Conserve valuable materials and energy resources by continuing to use and maintain existing buildings. Section 3; Cultural Heritage Committee (CHCI. The CHC is hereby established as a continuing special purpose advisory body. 7 A. LVlembershio. The CHC shall have it members. The members of the CHC shall include a person knowledgeable in local history, a person with training or experience in structural rehabilitation, and a person with knowledge of architecture. (e minimum of th*ee-9GOP44 The membership shall include one city resident from each. of the three Historical Preservation Districts created by Ordinance No. 1686 (1987 Series). A!,186191 eight air #h^ IM#p Or cftn Luis ebinm. Vbus% B. Terms. The terms of committee members shall be 4we years. Bertag of 11" e !we year intervelt C. Functions and Duties. The CHC will:- (1) ill:(1) Collect, consolidate and make available information about Historical Resources and Historical Resource Sites and promote, participate in, or sponsor education and interpretive programs. (2) Provide advice and guidance for the restoration, alteration, decoration, landscaping or maintenance of Historical Resources or properties within Historical Preservation Districts. Ii i Resolution No. 6157 (19 97 Series) Page 3 (3) Review the Inventory of Historical Resources and recommend to the City Council any amendments. (4) Assist property owners with the preparation of National Register applications for for Historical Resource Sites. (S) Help to administer benefit programs approved by the City Council that are directed at preserving Historical Resources or resources within Historical Preservation Districts. (6) Publish and maintain Historical Preservation Program Guidelines which present (a) benefit programs sponsored by the city; (b) procedures for adding properties to the Inventory of Historical Resources or for establishing a Historical District;and (c) other information concerning historical preservation. (7) Review actions proposed by public agencies and provide information on how such actions may affect designated or eligible properties within or adjacent to Historical Districts. (8) Cooperate with local, state, and federal agencies in the pursuit of historical preservation. (9) Function within the guidelines and policies,of the Advisory Bodies Handbook and Operform other duties as assigned by the City Council Section 4: Definitions The following words and phrases shall have the following meaning: ' (1) Historical Preservation District. Any area which has been so designated under Chapter 1754 (Zoning Regulations). (2) Historical Resource or Historical Resource Site. Any improvements, buildings, sites, areas or objects of scientific, aesthetic, educational, cultural, architectural or historical significance that have been designated by resolution of the Council and included in the Inventory of Historical Resources. Historical Resources or Historical Resource Sites are classified as follows: Priority #1: Already placed on the National Register. Priority #2: Determined eligible for the National Register. Priority *3: Eligible for the National Register. Priority #4: Potentially eligible for the National Register. Priority #5: Not eligible for the National Register but significant at a local level. (3) Inventory of Historical Resources. All properties listed by address in the Completion Report (approved by City Council Resolution No. 5197, 1983 Series) and any other properties subsequently added to this listing by resolution of the City Council Section 5; Resolution No. 4660 (1981 Series), that established the temporary Cultural Heritage Committee, is hereby rescinded_ Resolution No. 615.7 (1987 Series) Page 4 On motion of Councilwoman Dovey seconded by Councilman Settle, and on the following role call vote: AYES: Councilmembers Dovey, Settle and Mayor Pro-Tem Griffin NOES: None ABSENT: Mayor Dunin the foregoing resolution was passed and adopted this 3rd day of February , 1987. c Mayor Pro-Tchn Robert ffin ATTEST: r Ci y Clerk Pamela VVies APPROVED: City Administrative Officer City Atto ' ey Community Development Director CULTURAL HERITAGE COMMITTEE BYLAWS RffV 1S EpC�< O ARTICLE 1. PURPOSE BYLAWS The Cultural Heritage Committee promotes the preservation of architectural, archaeological, historical and cultural resources in San Luis Obispo by: A. Helping the public pursue cultural resource preservation projects. B. Sponsoring educational programs and research which .improves our understanding of the community's history and archaeology. C. On request, commenting on the effects of public.and private actions on community cultural resources. D. Helping with the administration of city-sponsored benefit programs. ARTICLE 2. COMPLIANCE WITH OTHER REQUIREMENTS The functioning of the Cultural Heritage Committee and all of its actions and decisions shall be in compliance with provisions of the Advisory Body Handbook and with provisions of City Council Resolution.6+-ff (f99 Series} (1989 Series) . ARTICLE 3. MEMBERSHIP seven A. The CHC will have♦low&members appointed by the City Council. Membership of the committee shall include a person knowledgeable in local history, a person with training Oor experience in structural rehabilitation, and a person with knowledge of architecture. B. The committee shall include one city resident from each of the three Historica¢ Preservation Districts created by.Ordinance No 1086 (1987 Series). Q. At less! eight members shall.be residents eF wic eit5 of sen buis ebisrv. ARTICLE 4. TERMS OF APPOINTMENT four— A. Members shall be appointed by the City Council for twee-year terms and may be reappointed for not more than two consecutive full terms totaling eight years. ARTICLES. OFFICERS and A. A Chairperson/Vice-Chairperson and Seereiery shall be elected by the committee at its first meeting in April for one-year terms. No person may serve in the office of chairperson or vice chairperson for more than two consecutive terms. B. The Chairperson shall preside overall all committee meetings, vote on all matters, appoint all subcommittees, call special meetings, and submit an annual report and budget to the committee for approval and presentation to the City Council. Omeetings, amid shall eavadinaw the pmpination 0 opudas and jactices with tit. eann, ti, ' t. D. The Vice-Chairperson shall serve in the absence or incapacity of the chairperson ^ and perform such other duties as requested by the chair. ARTICLE 6. MEETINGS A. The committee shall hold a regular meeting each month. All meetings shall be open to the public and shall be held at specified time and place with public notice provided as required by California law. B. A quorum shall consist of a majority of the seated members. C. All actions of the committee shall be decided by a majority vote or consensus of the quorum directed through the Chairperson. D. Minutes of each meeting shall be forwarded to the City Council and be available as a public record. E. The Chairperson or any three members of the committee may call a special meeting provided that all public notice requirements are met. F. All committee meetings shall be conducted according established by the Gi!y Geafteil " v-81-Are Be swab Fuleg Axog, hu Rckhegt'r RI-W4 AC � Newlyto city practices, customs, policies and Robert's Rules of y1 Order, New sed. G. All members present must vote, except when a member declares a conflict of interest. Any member declaring a conflict of interest shall not vote on or participate in any related deliberations or actions of the committee. ARTICLE 7. ABSENCES AND RESIGNATIONS A. if a member fails to attend three consecutive regular meetings or a total of six regular meetings within any twelve months, the member shall automatically be considered for replacement. The chairperson of the committee shall inform the Council of such a situation and explain any special circumstances. B. Committee members are responsible for notifying the Chairperson or the Secretary in advance when an absence is anticipated. C. If a member needs to resign from the committee, the member shall immediately direct a letter to the City Council with copies forwarded to the committee chairperson and City Clerk. ARTICLE 8. SUBCOMMITTEES A. Subcommittees shall be appointed, as needed, by the Chairperson. Subcommittees may include non-committee members who shall have no voting power. ARTICLE 9. AMENDMENTS Bylaw amendments shall be submitted for Council approval by an affirmative vote of the members present at a regular meeting of the committee. provided that such amendments shall have been discussed by the Commission on the agenda of at least two meetings prior to the vote. The members shall receive the proposed amendments at least ten day prior to the first reading. V r O