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HomeMy WebLinkAbout11-12-2019 Item 3 - Attch. 1 Redline of BylawsAdministrative Review Board Bylaws MEMBERSHIP The Board consists of three members appointed for two- year terms. However, after appointment of the initial board for a two- year term, one member is eligible to be appointed for a one- year term, and two members are eligible to be appointed for a two- year term. Thereafter, appointments will be made in a staggered, every other year pattern, so that the term of one member will expire in one given year, and the term of the other members will expire one year later. Members must be residents and registered voters of the City pursuant to the City of San Luis Obispo City Council Policies & Procedures Manual, and qualified by experience, training or education in the conduct of administrative hearings. ARTICLE 1. FUNCTIONS The Administrative Review Board is established to provide the following functions: A. To conduct and decide, as final decision maker for the City, administrative appeal hearings relating to administrative citations issued for certain contested San Luis Obispo Municipal Code enforcement matters that require a more detailed administrative record. This Board will not hear appeals of citations issued for violations of Title 15 (Building and Construction), which appeals are heard by the Construction Board of Appeals, or appeals of most zoning or subdivision appeals, which are heard by the Planning Commission. B. To issue written decisions based on findings of fact supported by evidence introduced at the hearing in a format sufficient to enable an appellant to challenge the decision by petition for writ to the Superior Court. ARTICLE 2. MEETINGS A. The Board shall meet at least once annually to elect its officers, consider adoption of any policies or procedures, and make any recommendations to the Council. B. MRegular meetings of the Board shall be held on the second Tuesday of each month at 3:00 p.m. C. D.B. MOther meetings shall be held as needed, in accordance with Municipal Code section 1.24.110 B , unless otherwise agreed in writing by the Appellant and the Department Head of the department that issued the citation that is the subject of the appeal. The agenda for any such meeting shall be publicly posted at least three days in advance of the meeting in a form and manner acceptable to the City Clerk. E.C. Meetings shall be held in the Council Hearing Room, City Hall, 990 Palm Street, San Luis Obispo, California, or at a location otherwise noticed. F.D. In the event the Board desires to hold all or any portion of a meeting at a place other than the City Hall, then the place of such meeting shall be posted on the bulletin board located at the entrance to City Hall prior to the time herein designated for such meetings in accordance with law. ARTICLE 3. OFFICERS A. Officers of the Board shall be a Chairperson and a Vice Chairperson. B. Officers shall be filled from appointed members by voice vote of the voting membership. C. Election of officers shall be held annually at the first meeting held after April 1. D. The City Clerk shall designate a staff person to serve as Secretary to the Board. ARTICLE 4. DUTIES OF THE CHAIRPERSON The Chairperson shall preside at all meetings of the Board. The Chairperson shall preserve order and decorum at all meetings, shall vote on all questions and announce the Board’s decisions on all subjects. ARTICLE 5. DUTIES OF VICE CHAIRPERSON The Vice Chairperson shall act as Chairperson during the temporary absence or incapacitation of the Chairperson. ARTICLE 6. DUTIES OF THE SECRETARY A. It shall be the duty of the Secretary to keep full, true and correct records of the action of the Board and provide each member of the Board with minutes of each meeting. The Secretary shall also audio record the meeting. B. After final action by the Board on an appeal, the Secretary shall transmit copies of the decision to the appellant, Board and City department initiating the administrative citation. C. Minutes will be submitted to the Board for approval at the next meeting. D. The Secretary shall prepare an agenda for each meeting. ARTICLE 7. CONDUCT OF MEETINGS A. Board members should address questions through the Chairperson. B. Members of the audience should address Board members or other persons present through the Chairperson. C. After roll call, the Chairperson shall publicly announce the procedures to be followed to consider the hearing item(s)and then proceed as follows: i. Members of the public wishing to speak in favor of, or in opposition to, the appeal shall be invited to comment. ii. The Chairperson shall introduce the appeal and ask for oral staff reports. iii. The staff report and any administrative citation issued and submitted to the Board shall be placed into the record with all communications received regarding the appeal. Staff reports shall be submitted for all appeal hearings in a form acceptable to the Board. iv. The administrative citation and any documents, photos or other written information provided to the appellant at time of, or prior to, issuance of the administrative citation shall be admitted as prima fascia evidence under Government Code Section 53069.4. v. The appellant or the attorney for the appellant shall be invited to make a presentation on the appeal and to address the staff presentation, public comments or Board questions. D. The City shall have an opportunity to respond to the appellant’s presentation, answer any questions from the Board and may briefly summarize its position. E. The appellant shall have the opportunity to address any final comments, answer any questions from the Board and may briefly summarize its position. F. Thereafter, discussion shall be confined to members of the Board; provided that the Board may at any time prior to a decision on an item, ask questions of City staff, the appellant or any person present as it deems necessary and appropriate to its resolution of the appeal. G. The Board, upon formal motion, shall take action on the appeal. A board member shall not vote unless he or she was present during the entire hearing, unless he or she listens to the tape of the hearing or reads the written hearing record (if any) prior to voting. H. The Board shall issue a written decision, which shall contain, at a minimum, the information required by Municipal Code Section 1.24.130. If the action is other than the staff recommendation, the Board shall direct staff to prepare a proposed decision for Board consideration at the next meeting reflecting the deliberation and conclusion of the Board, which shall be distributed to the Board and appellant at least 72 hours prior to the next meeting. The decision shall include information concerning the appellant’s right of petition for writ and/or right of appeal for a trial de novo to the Superior Court ARTICLE 8. QUORUM A. Two members of the Board constitute a quorum for the transaction of business. A majority of the number of established Board members shall constitute a quorum for the transaction of business. ARTICLE 9. VOTING A. The vote on all motions deciding the appeal may be, but is not required to be, by resolution and a roll call vote shall be taken for the ayes and noes prior to the consideration of the next order of business. All other motions may be by voice vote. B. Failure of any motion resolution or other action to receive two affirmative votes shall result in failure or denial of the motion, resolution or other action. ARTICLE 10. AGENDA In order for items and materials to be included on an agenda or to be acted upon by the Board, they must be submitted to the Secretary of the Board at least 3 days prior to the date on which said request will be considered by the Board, unless a longer period is specified in Chapter 1.24 of the Municipal Code. Such request must be made in writing. (COUNCIL ADOPTED ON 12/13/2016)