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HomeMy WebLinkAbout11-12-2019 Item 3 - Staff Report Administrative Review Board Agenda Report Meeting Date: 11/15/2019 Item Number: 3 DATE: November 6, 2019 FROM: Christine Dietrick, City Attorney Prepared By: Kelly White, Legal Assistant/Paralegal SUBJECT: Review the Bylaws of the Administrative Review Board RECOMMENDATION 1. Review the proposed changes to the bylaws of the Administrative Review Board (Attachment 1). 2. Provide direction to staff for further amendments to the bylaws or recommend the changes as proposed to the City Council for adoption. DISCUSSION The current bylaws of the Administrative Review Board (“ARB”) were adopted on December 13, 2016. The City Clerk’s Office is currently in the process of collecting recommendations from advisory bodies for changes to their bylaws; these recommendations then being reviewed for approval by the City Council. Background Besides minor typographical ones, only two changes to the ARB bylaws are being proposed: elimination of a regular meeting day and time, and clarification of the constitution of a quorum. Regular Meeting Time The ARB is only called upon to review an administrative citation appeal if the City wishes to create a more substantial record for the decision than the one created by hearing officer review, or if the appellant selects ARB review, preserving their right to file a writ after a decision of the Board. The ARB has met to hear an appeal three times in the four years since it was formed. The infrequent need to meet runs counter to having a set monthly meeting day and time. The Members of the Board have previously discussed changing to an “as-needed” format of scheduling meetings as a time saver for staff (currently every meeting not held has to have an agenda posted cancelling it), which this proposed change reflects. City of San Luis Obispo, Title, Subtitle Constitution of a Quorum The ARB has not had an issue with confusion as to what number of Members constitutes a quorum, but other advisory bodies have. The clarification recommended is done in an abundance of caution; the existing language already referencing a majority of the three-member Board. Next Steps The Board may accept the proposed changes and recommend them to the City Council for adoption or may direct staff to make further changes to be brought back for review at a future meeting. Attachments: 1. Redline of changes proposed to the bylaws of the ARB