HomeMy WebLinkAbout06/21/2011, C5- MEMORANDUM
Council Memorandum
City of San Luis Obispo
June 21, 2011
TO: Mayor Marx & Members of the City Council
FROM: Elaina Cano, City Clerk
VIA: Katie Lichtig, City Manager
SUBJECT: Item C5 – Biennial Review of Advisory Body Bylaws
__________________________________________________________________________
Staff has received the following proposed alternative language to the various
Advisory Body bylaws for Council’s consideration:
Page C5-3 MTC - Article 2: Committee Membership currently provides that the
membership shall include "one senior citizen (62 years or older)." The suggested
revision is to eliminate "one senior citizen" and replace it with "one person 62 years
or older".
Page C5-4 MTC - Article 2: Committee Membership currently provides that the
membership shall include "one disabled person.” The suggested revision is to change the
language to "a person with a disability" to eliminate the personification of the disability.
In addition, clarification was requested on the items below. Staff’s responses are
noted in italics.
1) Page C5-4 PB - Article 3: Officers
The last line currently provides that "outside counsel will be provided.” The
suggested revision would change that language to read "outside counsel should be
provided," to address the concern that providing outside counsel requires funding to
accomplish and recognizing that Council may want to consider such an expenditure
on a case by case basis.
Staff has no objection to the proposed language, but would caution that the need to
bring an outside counsel retention to Council may not be possible, depending on
appeal timelines. Typically, the City Attorney would attempt to provide counsel to
the Board through reciprocal agreements, without cost, with other local agency
counsel.
2) Page C5-4 PCC - Article 2; Membership
G:\Agendas\2011 Agenda\062111\Red File Item C5 041911.doc
The current language provides that "Six of the members shall be resident of the City
of San Luis Obispo.” A question has been raised as to the intent of the provision,
and it has been suggested that clarification should be included to address whether
one of the non-TBID six members of the committee could be a non-resident, if the
TBID representative was, in fact, a resident.
Per the Advisory Body Handbook, “With the following exceptions, only residents who
are registered voters within the City limits are eligible to apply to an advisory body.
Exceptions include the Tourism Business Improvement District (TBID) Board, one
representative from the TBID Board serving on the Promotional Coordinating Committee,
Cal Poly employee and student representatives serving on the MTC, and members of the
Housing Authority.” Therefore, the fact that the TBID representative might be a City resident
does not negate the requirement that all other members serving on the PCC must also be
residents of the City of San Luis Obispo. It is only the TBID representative that is excepted from
the residency rule.
If Council concurs with these revisions, the motion should so indicate.