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HomeMy WebLinkAbout07-16-2013 c5 reso adopting amended bylaws for city advisory bodies & amd handbook FROM: J. Christine Dietrick, City Attorney Maeve Kennedy Grimes, City Clerk SUBJECT: BIENNIAL REVIEW OF ADVISORY BODY BYLAWS RECOMMENDATION 1. Adopt a resolution amending various City advisory body bylaws incorporating amendments recommended by the respective advisory body, as well as by staff. 2. Adopt the July 2013 Advisory Body Handbook. DISCUSSION Biennial Review In accordance with Council direction, as set forth in its Advisory Body Handbook, Section 3(B)(2), a review of its bylaws by each advisory body is to be conducted on a biennial basis. Amendments are then submitted to the City Council for approval. Each of the City's advisory bodies conducted a review of its bylaws, following which the City Clerk and City Attorney conducted an additional review to ensure that the bylaws comport with various laws and regulations. Staff concurred with the recommendations made by the advisory bodies, and also made a number of minor amendments to ensure consistency among the bylaws. The last biennial review was conducted in 2011. Exceptions to this Review Although the Council has appointing authority over the Housing Authority, it does not have jurisdiction over its bylaws. No further review or revisions of the bylaws for the Housing Authority are required. Revised Bylaws Suggested revisions to the bylaws of each advisory body are presented below. Additions are shown in bold italics and underlined; deletions are indicated by strikeout text. Section and subsection numbers and letters refer to the specific section or subsection of a particular set of bylaws which is being recommended for revision, therefore the numbering in this report is not sequential. Architectural Review Commission (ARC) The ARC recommended the following addition: ARTICLE 5. Voting E. Commissioners not supporting a motion for project approval shall summarize the reason for their vote. Bicycle Advisory Committee (BAC) The BAC did not recommend any changes. C5 - 1 Council Agenda Report—Biennial Review of Advisory Body Bylaws Page 2 Building Construction Board of Appeals (BOA) The BOA did not recommend any changes. Cultural Heritage Committee (CHC) The CHC did not recommend any changes: Human Relations Commission (HRC) The HRC did not recommend any changes. Jack House Committee (JHC) The JHC recommended the following amendments: ARTICLE 2. COMMITTEE MEMBERSHIP The grant deed requires that persons with special expertise fill four of the seven seats on the Jack House Committee:. The City Council has resolved that due to these special conditions and requirements, members may serve terms of undetermined length, the choice being left to individual committee members. Committee membership shall be as follows: 1. A member of the San Luis Obispo County History Center. 2. One member of the faculty, current or retired, of California Polytechnic State University College of Architecture and Environmental Design, preferably an architectural historian. 3. One member of the faculty, current or retired, of California Polytechnic State University College of Agriculture, preferably a horticulturist. 4. A member of the San Luis Obispo Parks and Recreation Commission. The City Council has resolved that due to these special conditions and requirements, members may serve terms of undetermined length, the choice being left to individual committee members. The remaining committee membership shall be as follows: 1. 5. A member at large (must reapply when 4 year term expires). 2. 6. A member at large (must reapply when 4 year term expires). 3. 7. A member at large (must reapply when 4 year term expires). Members are required to be residents and registered voters of the City. The docent chair shall serve as an ex-officio (non-voting) member and shall not count toward a quorum. ARTICLE 6. STAFF The Director of Parks and Recreation or designate is the staff liaison to the Jack House Committee. The Director may designate such other staff as is necessary to provide support to the Committee. Public Works staff shall give assistance to the Committee on a regular basis. C5 - 2 Council Agenda Report—Biennial Review of Advisory Body Bylaws Page 3 The Director of Public Works should designate a Public Works staff representative for both the house (building maintenance) and the garden (parks maintenance). The Committee shall receive notification if there are any changes to staff representation. Mass Transportation Committee (MTC) The MTC did not recommend any changes. Parks and Recreation Commission (PRC) The PRC recommended the following amendments: ARTICLE 3. MEETINGS A. Regular meetings of the Parks & Recreation Commission shall be held on the first Wednesday of each month at 5:30 p.m., except for the month of July when the Commission will participate in an during the annual tour of the City's parks and facilities. Personnel Board (PB) The PB recommended the following amendments: ARTICLE 1. PURPOSE It is the purpose of the Personnel Board to hear employee appeals from disciplinary action, to review employee grievances, and to hear issues of Council censure. The Board shall then make advisory recommendations to the City Council. The Personnel Board shall also perform other duties pertaining to personnel management as directed by the City Council. ARTICLE 3. OFFICERS The officers shall be a Chairperson and a Vice-Chairperson who shall be elected at the first meeting of alternate calendar years to serve two-year terms. c. The City Attorney’s Office shall serve as legal advisor to the Board, preparing necessary documents for the Board to review in advance of the hearing and during deliberations after the hearing. However, if the City Attorney’s Office represents a City Department during the hearing on an employee disciplinary action or grievance or any disqualifying due process issue is identified, outside counsel will be provided to serve as legal advisor to the Board. c. d The Director of Human Resources or his or her designee shall serve as secretary, keeping record of all meetings, and shall issue all necessary notices, copies of agendas, minutes and copies of necessary documents. Planning Commission (PC) The PC did not recommend any changes: C5 - 3 Council Agenda Report—Biennial Review of Advisory Body Bylaws Page 4 Promotional Coordinating Committee (PCC) The PCC recommended the following amendments: ARTICLE 2. MEMBERSHIP The PCC shall consist of seven (7) members appointed by the Council. Six of the members shall be residents of the City of San Luis Obispo. The seventh member shall be the chair of the Tourism Improvement District (TBID) Board as appointed by the TBID Board. Committee members shall be appointed for a term of four (4) years, commencing on April 1st or other date as directed by the Council. No committee member shall serve more than two (2) consecutive terms (eight years) on the PCC. Any committee member who has been appointed to fill a vacant seat in mid-term shall not be precluded from thereafter serving two (2) four-year terms (eight years), so long as the initial, partial term is less than one (1) year. The representative from the TBID Board shall serve a term concurrent with his/her term as the chairperson of the TBID Board. ARTICLE 4. MEETINGS H. All meetings shall be conducted in general accordance with Robert’s Rules of Order, newly revised edition, subject to minor variation by the Chair as appropriate to the needs of the advisory body. K. Any member who fails failure to attend three (3) regular meetings within any twelve-month period, that member shall may be automatically be considered for replacement at the discretion of the committee. ARTICLE 5. SUBCOMMITTEES Subcommittees shall be appointed, as needed, by the Chairperson. Standing subcommittees are the Grants-in-Aid and Promotional Contracts Events Promotion subcommittees. The subcommittee members will serve for a two-year term. After two (2) years they will automatically rotate to the other standing subcommittee. ARTICLE 6. FUNCTIONS AND DUTIES F. Provide a liaison with grant recipients to Grant-In-Aid recipients who work to promote the quality of life for residents and visitors of the City of San Luis Obispo. Tourism Business Improvement District Board (TBID) The TBID recommended the following amendments: ARTICLE 7 FUND RESERVE POLICY The purpose of the Fund Reserve policy for the TBID is to ensure stability of the program under economic uncertainties. For the TBID Fund the level of the reserve has been established at $100,000. Under this policy, it is allowable for total expenditures to exceed revenues in a given year; however, the fund reserve can only be used to fund “one-time,” non- recurring expenditures upon TBID Board approval. In the instance funds are used, the reserve fund would be replenished to the established level in the next fiscal year. C5 - 4 Council Agenda Report—Biennial Review of Advisory Body Bylaws Page 5 Tree Committee (TC) The TC recently amended their bylaws; said changes were approved by the City Council on April 16, 2013. FISCAL IMPACT There is no fiscal impact as a result of these revisions. ALTERNATIVES Council could choose not to adopt the revisions and provide additional direction regarding the Advisory Body Bylaws and the Advisory Body Handbook. ATTACHMENTS 1. Resolution Amending Bylaws 2. Advisory Body Handbook 3. Advisory Body Bylaws T:\Council Agenda Reports\2013\2013-07-16\Reso Adopting Amended bylaws for City Advisory Bodies (Codron- Kennedy Grimes)\Agenda Report 05.21.13 Bylaws Review.doc C5 - 5 Attachment 1 R #### RESOLUTION NO. XXXXX (2013 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE BY LAWS OF CERTAIN OF ITS ADVISORY BODIES AND ADOPTING A REVISED ADVISORY BODY HANDBOOK WHEREAS, in accordance with the Charter of the City of San Luis Obispo, the San Luis Obispo Municipal Code, and its own Resolutions, the City Council of the City of San Luis Obispo appoints individuals to serve on its advisory bodies; and WHEREAS, those advisory bodies have adopted bylaws to aid them in conducting their meetings fairly, smoothly, efficiently and in accordance with law; and WHEREAS, the City’s advisory bodies have reviewed their bylaws and some of those bodies have recommended revision of their bylaws; and WHEREAS, City staff have also reviewed said bylaws and have made suggestions for their revision; and WHEREAS, the Council periodically revises its Advisory Body Handbook to ensure clarity, consistency with state law, and conformity with the City Charter and Ordinances; and WHEREAS, the Advisory Body Handbook was last adopted by the City Council in November 2008 through Resolution No. 10041 (2008 Series), and modifications to the bylaws have been adopted by the City Council biennially in 2009 and 2011; and NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that the bylaws of the following advisory bodies are hereby amended to read as set forth in the attached revised bylaws, attached and incorporated herein in the amended Advisory Body Handbook marked Exhibit "A". SECTION 1: The bylaws of these advisory bodies are amended by this action: Architectural Review Commission Jack House Committee Parks and Recreation Commission Personnel Board Promotional Coordinating Committee Tourism Business Improvement District SECTION 2: The Council hereby adopts the Advisory Body Handbook, a copy of which is attached hereto marked Exhibit "A", and replaces all previous versions of the Advisory Body Handbook previously adopted; and Resolution No. 10041 (Series 2008), Section 3, is hereby rescinded. SECTION 3: The City Clerk shall furnish a copy of this resolution and a copy of the Advisory Body Handbook to all department heads, support staff, and advisory body members. C5 - 6 Resolution Number XXXXX (2013 Series) Page 2 Upon motion of , seconded by , and on the following vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this 16th day of July 2013. Mayor Jan Marx ATTEST: Maeve Kennedy Grimes City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney T:\Council Agenda Reports\2013\2013-07-16\Reso Adopting Amended bylaws for City Advisory Bodies (Codron-Kennedy Grimes)\Resolution 05.21.13 Bylaws Amendments.doc C5 - 7 Attachment 2 Advisory Body Handbook Prepared by the Office of the City Clerk Adopted by Resolution No. _______ (2013 Series) on July 16, 2013 C5 - 8 C5 - 9 ii Table of Contents INTRODUCTION ............................................................................................................................... 1 SECTION 1. ADVISORY BODY BASICS ............................................................................................. 3 A. BACKGROUND ....................................................................................................................... 3 B. OPPORTUNITIES FOR SERVICE .............................................................................................. 3 C. MEMBERSHIP QUALIFICATIONS & APPOINTMENT PROCESS ............................................... 4 D. OATH OF OFFICE ................................................................................................................... 5 E. ORIENTATION ........................................................................................................................ 5 F. TERM OF OFFICE ................................................................................................................... 5 G. REMOVAL FROM OFFICE ....................................................................................................... 6 H. VACANCIES ............................................................................................................................ 6 I. COMPENSATION ................................................................................................................... 6 J. ETHICS AND CONFLICT OF INTEREST .................................................................................... 6 K. AWARDS AND RECOGNITION ................................................................................................ 7 SECTION 2. HOW CITY GOVERNMENT WORKS .............................................................................. 9 A. CITY CHARTER ....................................................................................................................... 9 B. CITY COUNCIL ........................................................................................................................ 9 C. CITY ORGANIZATION ...........................................................................................................10 D. COUNCIL-APPOINTED OFFICERS .........................................................................................11 E. OPERATIONAL DEPARTMENTS ............................................................................................11 SECTION 3. HOW ADVISORY BODIES WORK ...............................................................................15 A. COUNCIL LIAISON MEMBERS ..............................................................................................15 B. BYLAWS AND PROCEDURES ................................................................................................15 C. CONTINUITY OF WORK AND NEW IDEAS ............................................................................15 D. COMMUNICATIONS ............................................................................................................16 E. ROLE OF CITY STAFF PERSONS AND ADVISORY BODY MEMBERS ......................................17 F. ABSENCES, LEAVES OF ABSENCE AND RESIGNATIONS .......................................................18 G. FUNCTIONAL REVIEW..........................................................................................................18 SECTION 4. THE BROWN ACT .......................................................................................................19 OVERVIEW ..................................................................................................................................19 BROWN ACT PROVIDES FOR PUBLIC COMMENTS .....................................................................19 COMMON QUESTIONS ABOUT THE BROWN ACT ......................................................................20 C5 - 10 ii SECTION 5. ADVISORY BODY SUMMARY ......................................................................................23 ARCHITECTURAL REVIEW COMMISSION ....................................................................................24 BICYCLE ADVISORY COMMITTEE ................................................................................................27 CONSTRUCTION BOARD OF APPEALS ........................................................................................28 CULTURAL HERITAGE COMMITTEE ............................................................................................29 HOUSING AUTHORITY ................................................................................................................31 HUMAN RELATIONS COMMISSION ............................................................................................33 JACK HOUSE COMMITTEE ..........................................................................................................35 MASS TRANSPORTATION COMMITTEE ......................................................................................36 PARKS AND RECREATION COMMISSION ....................................................................................37 PERSONNEL BOARD ....................................................................................................................38 PLANNING COMMISSION ...........................................................................................................40 PROMOTIONAL COORDINATING COMMITTEE ..........................................................................42 TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD .............................................................44 TREE COMMITTEE ......................................................................................................................45 SECTION 6. TIPS FOR BEING AN EFFECTIVE MEMBER AN ADVISORY BODY ................................47 A. UNDERSTANDING YOUR ROLE AND SCOPE OF RESPONSIBILITY ........................................47 B. PREPARE AHEAD FOR MEETINGS ........................................................................................47 C. DEVELOP POSITIVE RELATIONSHIPS ...................................................................................48 D. FULLY PARTICIPATE .............................................................................................................49 E. ENCOURAGE AND HONOR PUBLIC PARTICIPATION ...........................................................49 F. RESPECT INDIVIDUAL VIEWPOINTS .....................................................................................50 G. COMMUNICATE EFFECTIVELY .............................................................................................50 H. SPECIAL TIPS FOR THE CHAIRPERSON .................................................................................51 I. MANAGING DIFFICULT MEETINGS ......................................................................................51 APPENDICES ..................................................................................................................................53 MISSION STATEMENT .................................................................................................................54 ORGANIZATIONAL VALUES .........................................................................................................55 ADVISORY BODIES IN-BRIEF .......................................................................................................56 C5 - 11 1 Introduction Welcome to San Luis Obispo City Government! The City Council and staff hope that this Advisory Body Handbook will answer many of your questions and provide you with fundamental information related to the responsibilities of the City’s various advisory bodies. Serving on one of the City commissions, committees, or boards can be a fascinating and rewarding experience. These advisory bodies are charged with formulating new ideas, information gathering, receiving public testimony and comments, analyzing complex issues, and making recommendations on specific projects and broad policy – all toward helping the City Council make better-informed decisions. As you may realize, it isn’t always easy. Issues are often more complex than anticipated, public opinion can be sharply divided, questions may overlap, and sometimes the province of one body may also be the territory of another. Much of the information in this Handbook comes from a variety of City policy documents, such as the City’s Charter, Municipal Code, Financial Plan (or budget) and Council Policies and Procedures. In addition, State Law governs certain responsibilities of advisory body members. The material presented is intended to: 1) give interested persons an understanding of why the City’s advisory bodies have been established and how they function within the overall governmental framework; and, 2) summarize the roles, relationships and responsibilities of each advisory body member. The Handbook is divided into six sections: Section 1: Advisory Body Basics Section 2: How City Government Works Section 3: How Advisory Bodies Work Section 4: The Brown Act Section 5: Advisory Body Summary Section 6: Tips for Being an Effective Member and Chair of an Advisory Body Thank you for your interest in serving on one of our citizen advisory bodies and volunteering your time and skills to enhance our community. C5 - 12 2 C5 - 13 3 Section 1. Advisory Body Basics A. BACKGROUND San Luis Obispo has a long history of involving its citizens in the business of their City government. Advisory committees and commissions provide an opportunity for interested residents to participate in the governing of their community under guidelines and procedures established by the Council. Advisory bodies can improve the quality of City government by providing the Council with resources to make better-informed decisions. Because of the nature of various advisory bodies, they can serve as the “eyes and ears” of the Council for issues and matters that otherwise might not receive the attention they deserve. Other benefits of advisory bodies include improvement in the lines of communication between the public and the Council, greater opportunities for discussion of public issues, and more citizen involvement in City government. There is considerable variety in the purpose or charge of these bodies. Some are required by State law or the Charter and are directed to guide certain City activities such as community planning or personnel affairs. Others have been created by the City Council to serve San Luis Obispo’s unique needs. However, the authority of an advisory body will depend upon its specific purpose. Some have been delegated specific authority to approve or deny projects. Decisions made by an advisory body may be appealed to the Council. The Council may not always accept the recommendation of an advisory body because of additional information available or a need to balance the recommendation with policy or community priorities. Generally, advisory bodies are empowered only to make recommendations to the Council or to the City staff, unless specifically authorized by law or Council to do otherwise. Lastly, there should be two-way communication so that commissions are aware of the long-term goals Council has adopted, and the advisory body is able to present new ideas to the Council. Commission members are encouraged to attend Council meetings. B. OPPORTUNITIES FOR SERVICE Interested individuals may apply for appointment to any of the following City advisory bodies: • Architectural Review Commission • Bicycle Advisory Committee • Construction Board of Appeals • Cultural Heritage Committee • Housing Authority • Human Relations Commission • Jack House Committee • Mass Transportation Committee • Parks & Recreation Commission C5 - 14 4 • Personnel Board • Planning Commission • Promotional Coordinating Committee • Tourism Business Improvement District Board • Tree Committee For specific information about each advisory body, see Section 5 of this handbook. C. MEMBERSHIP QUALIFICATIONS & APPOINTMENT PROCESS The City of San Luis Obispo encourages participation of a wide variety of its citizens through service on an advisory body. Unless specified, there is no special education, training or background required for appointment. 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, the Cal Poly employee and student representatives serving on the MTC, and members of the Housing Authority. In addition, part- or full-time City officials and management employees are not eligible to apply. Note: Former members of the City Council may not be appointed to serve on an advisory body until one year after the expiration of their term of office. (Charter §409) Basic elements of the appointment process are as follows: 1. Each person seeking appointment or reappointment to an advisory body shall obtain and file an application in the Office of the City Clerk. Application may be made for a vacancy that currently exists or which may occur in the future. 2. Applicants should have read and become familiar with the contents of this handbook. 3. Applicants shall be interviewed by a Council Liaison Subcommittee (CLS) consisting of two Council Members. At the discretion of the CLS, interviews may be waived for those applicants designated by another agency or for applicants who have been interviewed previously for a vacancy on the same advisory body to which they’ve applied within the past year. The Chair of the advisory body is invited to participate in the interviews. The CLS will independently make the final nominee selection. If the Chair is unable to participate or is being considered for reappointment, the CLS may designate another representative to attend. The CLS shall submit recommendations for appointment to the entire Council. If a unanimous decision by the Subcommittee for recommendation to the full Council cannot be reached, the Council shall take a separate motion for each candidate proposed by each member of the CLS. 2. Applicants not appointed will be so advised and their applications held for no less than one year for consideration in the event of a future vacancy. 3. As a general policy, an applicant shall not be appointed to serve on more than one advisory body except that a member may also serve on one technical or special-purpose committee at the same C5 - 15 5 time. Unless excepted as previously stated, if an applicant is appointed to another advisory body, he/she must immediately resign from one body upon being appointed to another. (Technical and special purpose committees are formed to address defined subjects. They frequently require members with specific areas of expertise.) 4. Liaisons to advisory bodies (i.e., the CLS) are selected annually by the full Council—usually in December. The Mayor and Vice Mayor shall submit recommendations to the full Council and rotate nominations for Council Liaison Subcommittees to provide an opportunity for each member to serve as a liaison at least once on each advisory body when possible. When terms of office do not allow each member to serve once, members with greatest seniority shall have first right of selection. Automatic rotation for the technical and regional committees is not always followed, allowing Council Members to develop a higher level of expertise for some of the more complex committees, as well as continuity where appropriate. D. OATH OF OFFICE Following appointment and usually at the next meeting of the advisory body, the City Clerk, or her designee, will administer the Oath of Office pursuant to the City Charter. The Oath may also be administered in the Office of the City Clerk. E. ORIENTATION After the appointments are made by the Council, new appointees will be given a resource manual including a variety of introductory references to assist them in becoming more fully knowledgeable about City government. The department serving as staff support to a particular advisory body will coordinate and conduct an orientation with new appointees. Before or during that orientation, support staff will provide relevant documentation and background information about the specific advisory body upon which the new appointee shall serve. F. TERM OF OFFICE The term of office for each appointee to an advisory body shall be from one year to a maximum of four years. The length of a term is dictated by the principle that no more than two terms on any committee will expire each year. This rule ensures continuity for all committees. Annual appointments commence on April 1st, appointments to unexpired terms begin the day the appointment is made by the Council. No appointee shall serve on the same advisory body for more than two consecutive, full terms (eight years), but may subsequently serve on another advisory body unless noted otherwise. Exceptions include the Board of Appeals, Housing Authority, and Jack House Committee. A mid-term appointment to a vacant seat on an advisory body shall not preclude the appointee from serving two additional consecutive full terms, provided that the initial, partial term served is less than one year. C5 - 16 6 G. REMOVAL FROM OFFICE Members of advisory bodies serve at the pleasure of the Council and may be removed without cause by Council action in an open public meeting. H. VACANCIES Seats become vacant in two ways; they either expire at the end of the term or an “unscheduled” vacancy occurs when a member resigns during a term. The City Clerk’s Office will advertise in accordance with statutory requirements and a subsequent appointment shall be made consistent with the provisions set forth in Section C, above. I. COMPENSATION The City Council has set compensation for members of the Planning Commission and Architectural Review Commission, as follows: Planning Commission: $50.00 per meeting, not to exceed $200.00 monthly. (Resolution No. 9189 [2001 Series]) Architectural Review Commission: $50.00 per meeting, not to exceed $200.00 monthly. (Ordinance No. 1417, 2002) J. ETHICS AND CONFLICT OF INTEREST 1. The duties of an advisory body member shall be performed in good faith and in a manner which the member believes to be in the best interest of the City. 2. It is improper for any member of an advisory body to utilize, for personal pecuniary gain or in an otherwise self-dealing manner, any information which is received by reason of said membership and is not a matter of public record. 3. No member of an advisory body shall have a material financial interest in any contract or other transaction involving that advisory body. The member shall promptly disclose such interest in any proposed activity of the advisory body and shall not participate in any related deliberations or actions of that body, nor vote on the matter. 4. Potential conflicts of interest may arise when an advisory body member serves on another board within the community and there is a clash of duties between the two positions, e.g. when one board exercises supervisory, auditory, or removal powers over the other. 5. The Political Reform Act of 1974, as amended (Government Code sections 81000-91014) and the City’s Conflict of Interest Code; (Resolution No. 10392 (Series 2012) require certain elected and appointed officials and designated employees to disclose certain personal financial holdings. Most of the City’s advisory bodies are solely advisory, meaning that final decisions are made by the City Council, and therefore are not required to file Statements of Economic Interest (Form 700). C5 - 17 7 However, because the following advisory bodies have limited decision-making authority, they are required to file Form 700 with the Office of the City Clerk. • Architectural Review Commission • Cultural Heritage Committee • Housing Authority • Planning Commission • Promotional Coordinating Committee Filing dates for Form 700 are as follows: • Assuming Office Statement – Must be filed within 30 days of taking office • Annual Statements – Must be filed by April 1st of each year • Leaving Office Statement – Must be filed within 30 days of leaving office. 6. In addition to Conflict of Interest filing requirement, the following advisory board members are required to complete two hours of ethics training. For newly elected and appointed officials, the requirement is to receive this training within one year of assuming office and renew this training within two years of receiving the first training. The original proof of participation certificate, awarded after completion of the training, must be sent to the City Clerk. • Architectural Review Commission • Housing Authority • Planning Commission • Tourism Business Improvement District 7. Individual advisory body members should avoid making public comments on Council actions or public policies that might appear to represent the official position of their advisory body. Advisory body actions, with the voting of each member, are conveyed to the Council in the form of official minutes or by resolution. The chairperson of an advisory body is the spokesperson for the advisory body. 8. Questions regarding possible ethical issues or conflicts of interest should be reviewed with the Chairperson, City Attorney, or City Clerk, as appropriate under the circumstances, in advance of the subject meeting or discussion. K. AWARDS AND RECOGNITION The City Council values and appreciates each citizen who volunteers his/her time and energy to serving the City on an advisory body. An annual appreciation event hosted by the City Council is one way in which appreciation is expressed for all advisory body members. When a member terminates service on an advisory body, the Council will recognize that member’s contribution to the City through an appropriate expression of appreciation. If that advisory body wishes to make its own presentation to an outgoing member, the chairperson shall communicate with the City Clerk in order to avoid duplication of awards. C5 - 18 8 C5 - 19 9 Section 2 How City Government Works A. CITY CHARTER San Luis Obispo is a "charter" City as contrasted to a "general law" City. Under California law, the authority of a general law City is derived only from the powers granted to it by the general laws adopted by the State Legislature pertaining to the organization and operation of a municipality, and from the police power granted to it by the State Constitution. On the other hand, a charter City's power is not defined or limited by the State's general laws. Instead, with respect to municipal affairs, a charter City's powers are defined by the City's own charter, subject only to the limitations of the State Constitution. As a result, charter cities usually have more operational latitude than do the more prevalent general law cities. A charter serves as the City's "constitution" and may only be amended by a vote of the people. San Luis Obispo's Charter was first adopted on May 1, 1876, and has been amended by popular vote on several subsequent occasions. In 1955, the Charter was amended to approve a Council-Mayor -City Manager form of government. The City’s organizational structure is outlined in the chart on the following page. B. CITY COUNCIL The City Charter provides for an elected, five-member City Council as the governing body of the City. Four Council Members serve staggered four-year terms (two are elected every two years). The fifth member is the Mayor who is elected for a two-year term. City Council elections are held in November of even numbered years. Regular Council meetings are held on the first and third Tuesdays of each month in the Council Chamber at City Hall. In addition, special meetings and study sessions are held from time to time as the need arises. The Mayor is the official spokesperson for the Council. The Council has the power to make and enforce all laws and regulations relating to municipal affairs, subject to the limitations of the City Charter, the United States and California Constitutions, and certain state statutes. Final decisions on City taxes and fees, budgets, City policies including the General Plan and land use issues, and other matters are made by the City Council. C5 - 20 10 C. CITY ORGANIZATION CITIZENS Patrol Emergency Response:Engineering Water Long Range Planning Traffic Safety Fire, Medical & Haz Mat Transportation Sewer Development Review Investigations Hazard Prevention GIS Management Utilities Resource Building & Safety Neighborhood ServicesDisaster Planning Maintenance Services Conservation Housing Recreation Programs Recruitment Accounting Natural Resources Ranger Services Labor Relations Revenue ManagementEconomic Development Park Planning Fair Employment Information Technology Cultural Activities Golf Course Risk Management Support Services City Clerk General Administration Appointed by the City Council Dept Appointed by the City Manager Human Resources Parks & Utilities Community Development Recreation AdministrationFinance & IT MAYOR AND CITY COUNCIL Public WorksFirePolice ADVISORY BODIES CITY ATTORNEY CITY MANAGER C5 - 21 11 As shown on the Organizational Chart, the City Council is directly responsible to the citizens for the operation and well-being of the City. To carry out these responsibilities, the Council relies on: 1. The administrative skills of a City Manager 2. The legal advice of a City Attorney 3. The citizen advice rendered by advisory commission, committees, and boards. D. COUNCIL-APPOINTED OFFICERS City Manager - The City Charter requires the Council to appoint an executive to run the City’s day-to- day operations. The City Manager is appointed by and directly responsible to the Council for all City activities. The nine operational departments, through their directors or chiefs, are responsible to the City Manager. City Attorney - The City Attorney provides legal services and advice to the Council, the City Manager, departmental staff, advisory bodies and other City agencies or officials. The City Attorney represents the City in court, prepares ordinances and other legal documents, and prosecutes cases involving violations of City laws. The City Attorney is appointed by, and is directly responsible to, the Council. E. OPERATIONAL DEPARTMENTS The following departments are directly responsible to the City Manager. Administration - The Administration Department is responsible for providing information and recommendations to the Council, implementing Council policies, and guiding the day-to-day operations of the City. In addition, the City Clerk, Economic Development, Natural Resources and Cultural Activities programs are carried out by staff in the Administration Department, under the supervision of the Assistant City Manager. The City Clerk provides a full range of services for the City Council, including preparation of the minutes, codifying ordinances, and conducting elections. The City Clerk also administers the advisory body appointment process. Economic Development provides staff support for two City advisory bodies, including the Promotional Coordinating Committee and the Tourism Business Improvement Board. The Natural Resources Program frequently makes presentations and seeks concurrence and recommendations from the Parks and Recreation Commission and the Planning Commission regarding conservation plans for City-owned open space areas. Finance & Information Technology - The Finance & Information Technology Department is responsible for billing and collecting all monies owed to the city which includes water and wastewater charges, business license fees and transient occupancy taxes. The department also processes payroll bi- weekly for all city employees and processes weekly payments to its vendors. The department also manages the City’s investments, provides centralized accounting, prepares all financial reports and develops the city’s short and long-term financial plans. Under the Charter provision that allows for combining positions, it is the City’s longstanding policy that whomever the City Manager appoints as the Director of Finance & Information Technology also serves as City Treasurer. The Department is also C5 - 22 12 responsible for managing information technology operations such as the City’s fiber optic network, data file servers, fixed and mobile computer workstations, fixed and mobile telephones along with multiple radio systems. An extensive Geographic Information System (GIS) is also provided and maintained by the department. The Department’s goals are: developing and implementing efficient and effective financial policies, plans and reporting systems that help the operating departments achieve their objectives and assure the City's long-term fiscal health; protecting the City’s assets from unauthorized use; effectively using the City's information technology resources in improving productivity, customer service and public access to City information; and providing quality service to all of the department’s customers-both external and internal to the organization. Human Resources - The Human Resources Department conducts a comprehensive personnel management program to attract and retain competent City employees. The Director is responsible for recruiting, testing, classifying, evaluating and training employees, evaluating employee salaries, administering the City’s Personnel Rules and Regulations and Work Force Diversity Program, and directing the City’s Risk Management Program. The Director of Human Resources is appointed by, and is responsible to, the City Manager. Community Development - The Community Development Department has four divisions, all under the direction of the Community Development Director who is appointed by, and is responsible to, the City Manager. The Long Range Planning Division is responsible for the preparation, maintenance, and implementation of the City’s General Plan and its various elements. The Development Review Division assists the community with land use issues, evaluates all types of development applications, and maintains the City’s development regulations. The Building and Safety Division administers state and local building codes and is responsible for ensuring safe and sound public and private construction. The Division is responsible for the enforcement of municipal, zoning and property maintenance requirements, State Housing and Building Codes, and State and Federal regulations pertaining to disabled accessibility. The Division issues building permits, reviews and approves building plans, and performs inspections of construction projects to insure code conformity. The Administration Division provides management and support for the three other divisions and is responsible for database and records management, organization development, human resource management, budgeting and resource allocation, contract and securities management, citywide addressing, committee and commission support, public Information and support services. Public Works - The Public Works Department is responsible for two primary areas, Managing the Transportation Network and Building and Maintaining Public Infrastructure. Managing the Transportation Network, the Department is responsible for several elements which include: traffic signals and signage, traffic safety, traffic studies, traffic calming, street construction and maintenance, sidewalk maintenance, transportation and bike planning, bike facility development, bike parking, parking meters on-street, in public surface lots, and in three current structures, neighborhood parking districts, SLO Transit system, including buses, shelters and other transit facilities and bridges. Building and Maintaining Public Infrastructure includes; parks, street lights, urban forest, landscaped areas, storm water and flood control facilities, private development review and inspection, City buildings and facilities and City fleet. Several programs carry out the work of the Department, and the department is managed by the Public Works Director, who is appointed by, and is responsible to, the City Manager. C5 - 23 13 Utilities - The Utilities Department provides essential services that support the community’s health, well-being, and quality of life. With an ethic of being efficient stewards of the community’s resources and environment, the department treats and distributes the community’s potable water and then collects, treats, and recycles the wastewater for beneficial uses. It believes in a culture of employee development, empowerment, innovation, and creativity. Its goal is to be a valued partner in ensuring the public health and safety of our community. The Utilities Department also manages the solid waste service franchise provided by San Luis Garbage Company. Parks & Recreation - The Parks & Recreation Department programs recreational activities in City parks, facilities and open space. It consists of the following divisions: Administration, Facilities/Aquatics; the Laguna Lake Golf Course; Ranger Services; Recreational Sports; Community Services and Events and Youth Services. The Department serves all ages and abilities from young children to teens to Boomers and Seniors. Recreational activities range from after school childcare at local schools to the use of the Damon Garcia Sports fields to a range of activities at the Senior Center. The department facilitates contract classes, special events, the City’s Public Art and Community Garden programs and the Santa Rosa Skate Park for local residents use and enjoyment. The department mission is to enhance and promote personal well-being and a sense of community. With the assistance of the Parks and Recreation Commission the Department evaluates the City’s policies for open space, parks and recreational facilities and actively seeks state and federal grants to help pay for projects consistent with the Parks and Recreation Element of the General Plan. Police – The Police Department has primary jurisdiction for the enforcement of state law within City of San Luis Obispo as well as certain ordinances included in the City’s municipal code. Additionally, the Police Department implements and manages programs designed to reduce crime, and partners with other City departments, government entities, stakeholder groups, and individual citizens to protect the quality of life in San Luis Obispo. This department is under the direction of the Chief of Police who is appointed by, and is responsible to, the City Manager. Fire – The San Luis Obispo City Fire Department is a progressive all-hazards, community-focused organization. Operating from four fire stations located throughout the City to decrease response times, highly trained fire companies respond rapidly and with compassion to help citizens, visitors, and business owners in need. While running in to burning buildings to save lives and property is a vital part of our tradition that lives on today, San Luis Obispo City responders are cross trained as paramedic to provide advanced life support; as hazardous materials technicians to mitigate dangerous leaks and spills; as urban search and rescue technicians to rescue people from trails, peaks, waterways, and industrial accidents; and as wild land firefighting experts to protect our community and preserve our beautiful coastal environment. These same responders partner with the department’s Fire Prevention staff to ensure buildings are constructed and maintained with citizen safety in mind and that fires are investigated to determine cause and prevent further loss. Fire Department members are also active in the community in an education role, regularly interacting with business owners and managers, children, and at-risk populations. C5 - 24 14 C5 - 25 15 Section 3. How Advisory Bodies Work A. COUNCIL LIAISON MEMBERS Each year the Council selects two of its members to be “Liaison Members” to each advisory body. The primary responsibility of these subcommittees is to review applications of citizens who would like to serve on a particular advisory body and thereafter hold interview sessions and make recommendations to the full Council for final appointment. These Council Liaison members can be called upon to facilitate the flow of information between the Council and that advisory body. From time to time they may attend advisory body meetings. B. BYLAWS AND PROCEDURES 1. Bylaws - Each advisory body has approved bylaws that set forth procedures, purpose, specific functions, meetings, officers, budget, etc. (Charter, Article XII, Section 1204). By May 1 st of each odd-numbered year, the bylaws of each advisory body shall be reviewed by that body. Any proposed changes shall be submitted to the Council through the City Clerk for approval. If no changes are proposed, a report of the review shall be submitted. 2. Code of Ethics - Each body shall be governed by the City’s adopted Code of Ethics (Resolution No. 8313 [1994 Series]). 3. Parliamentary Procedures - All advisory body meetings shall be conducted in accordance with City practices and policies. Robert’s Rules of Order, Newly Revised, shall also be used as a guide in conducting meetings. Questions should be directed to the appropriate City staff. A quorum of the Committee shall be as stated in individually adopted advisory body bylaws or procedures. 4. Meetings & Events – All regular meetings shall be held at the established time and place set for that body, unless a change is approved by Council. Council may hold an event from time to time to recognize advisory body members. (See also Section 1 K). C. CONTINUITY OF WORK AND NEW IDEAS 1. Continuity - There exists a pattern of continuing work for every advisory body in order that the needs of the community are served in a thoughtful yet expeditious manner. Advisory body chairpersons and the assigned professional staff are the responsible parties for establishing an even flow of work. New members to advisory bodies are expected to familiarize themselves with the workload. Normally, it will take new members a bit of time to develop a full understanding of their new work and confidence in their decision-making abilities. Staff members can be helpful with questions. 2. New Ideas - Advisory body members should view themselves as an extension of the abilities of the Council and staff to see and hear matters of importance in our community. Sometimes old policies C5 - 26 16 and established ways of doing things need to be changed. Sometimes fresh ideas need to be given a trial. How does the process of developing a new “idea” work? a. Test the idea on friends; are reactions favorable? b. Bring the idea to your advisory body under the portion of your agenda where individual member comments on items not on the agenda are entertained. If fellow members react favorably; the idea should be formalized in written form. c. At this point, the “cost” of the idea in terms of staff time and dollars must be evaluated. If staff sees the cost to be minor and the impact on City operations to be negligible, the idea can be agendized, discussed publicly and a final decision can be made for a recommendation to the City Council. d. Should the “cost” in staff time and money be deemed high, then the Council should be properly informed and budgeting and staff time approved before further action is taken by the advisory body? A good time for advancing new ideas is during the Financial Plan and City Goal Setting process, when advisory bodies are actively encouraged to offer such suggestions to the Council, as most of the resource decisions are made at that time. D. COMMUNICATIONS 1. Written Reports - Advisory bodies are occasionally requested to make special reports or recommendations to the Council on specific subjects. The Council may make this request in writing, with specific direction as to the approach, scope, and schedule for the study desired. These recommendations often play a major role in assisting the Council to reach a final decision on important issues. a. Any recommendation or report from an advisory body is required to be in written form. If the matter is to appear on the Council agenda, the report must be submitted to the City Clerk no later than two weeks prior to the Council meeting at which the report is to be considered. This report becomes part of the record and is forwarded to each Council Member for review in advance of public consideration. b. Some advisory bodies may receive study or action requests from citizens or groups. These requests should also be presented in writing to the advisory body, which will then determine if the committee wishes to pursue that particular issue. The committee shall advise the Council of the request and the body’s determination for action. 2. Goals/Budget - Each advisory body shall prepare proposed major City Goals and Objectives in a manner established by the City Manager. The advisory body chairperson will be responsible for speaking to this proposal when the Council conducts its goal setting in study session. The City Manager will notify the chairperson of time and place of such Council review. More detailed budget proposals will be made through advisory body staff, consistent with the budget schedule and process. C5 - 27 17 3. Statements - An advisory body does not have authority to speak for the City. If the body wishes to recommend that a statement be made, such as a letter written to state a position, it shall be submitted to and receive approval of the Council. 4. Public Forums and Surveys - An advisory body shall not sponsor or co-sponsor a public forum, meeting or survey without the prior approval of the Council. 5. Personal Testimony - If a member of an advisory body appears before the Council (or another advisory body) in a capacity other than as representative of his/her body, it should be explained in advance that any statements made are not to be construed as representing the opinions or recommendations of the advisory body. 6. Changes - Changes in a member’s address or telephone number, and the names of new officers, shall be submitted to the City Clerk and advisory body staff liaison as soon as possible. 7. Quarterly Meetings - The Mayor shall meet quarterly with the chairpersons of all advisory bodies. The purpose shall be for informational updates and to encourage communication. Quarterly written reports shall be submitted at this meeting and are shared with all Council Members. The chairperson shall report back to the full committee at the next regular meeting. 8. Annual Report - Each advisory body is required by the Charter to submit to the Council by May 1st an annual report describing its activities and evaluating its progress for the year (Charter, Article XII, Section 1205). To provide more timely information to the Council, most Committees submit reports at the Mayor/Advisory Body Chairs Quarterly Meetings throughout the year, thereby fulfilling the Charter requirement. E. ROLE OF CITY STAFF PERSONS AND ADVISORY BODY MEMBERS Staff support and assistance is provided, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the City Manager and Council. The advisory body members are responsible for the functions of the advisory body and the chairperson is responsible for committee compliance with the policies outlined in this handbook. Staff support includes preparation of a summary agenda subject to approval by the Chairperson, and preparation of agenda reports providing a brief background of the issue, a list of alternatives, recommendations and appropriate backup material, as necessary. Staff will assist advisory bodies in the conduct of public meetings and ensure that the business listed on the agenda is addressed. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues involved. The assigned staff person serves as Secretary, insuring that minutes are taken as needed. It is important that recommendations the advisory bodies wish to communicate to the City Council are made through adopted or approved Council agenda procedures. Staff members shall assist the advisory body chair to insure appropriate legal review or City and state legislation is complied with. C5 - 28 18 F. ABSENCES, LEAVES OF ABSENCE AND RESIGNATIONS 1. Attendance - If an advisory body member fails, for any reason, to attend three consecutive regular meetings or a total of six regular meetings within any twelve-month period, that member shall automatically be considered for replacement. The chairperson of the advisory body shall inform the Council, through the City Clerk, of such a situation, explaining any extenuating circumstances resulting in the absences. 2. Absences - There shall be no “excused” absences. Because of quorum requirements, when an absence is anticipated, the individual advisory body member is responsible for notifying the chairperson or the secretary in advance and the absence shall be counted in that member’s attendance record. 3. Leaves of Absence - Leaves of absence are not granted to advisory body members except under very unusual circumstances and when authorized in advance by the Council. 4. Resignation - In the event a member finds it necessary to resign from an advisory body, a letter of resignation stating the effective date of the resignation shall be immediately directed to the Council through the City Clerk, with a copy forwarded to the chairperson of the advisory body. G. FUNCTIONAL REVIEW 1. Election - When possible, in April, each advisory body, at its regular meeting, shall elect a chairperson and a vice chairperson. 2. Terms of Office - The term of office of a chairperson or vice chairperson shall be one year, commencing upon election. No person shall serve as chairperson or vice chairperson for more than two consecutive terms except if noted elsewhere under specific boards and commissions. Completion of a partial term of office as chairperson or vice chairperson shall not preclude an advisory body member from serving two additional consecutive full terms, provided that the partial term served is less than one year. C5 - 29 19 Section 4. The Brown Act OVERVIEW The State Legislature has declared that the actions of public bodies be taken openly and that their deliberations be conducted openly. California’s Ralph M. Brown Act (found in the Government Code Section 54950 through 54961), also known as the “open meeting law,” applies to all advisory bodies, and requires that they: 1. Meet within the jurisdictional limits of the City. 2. Post the agenda 72 hours before a regular meeting containing a brief general description of each item of business to be transacted or discussed. 3. Hold open and public meetings. 4. Give notice of the meetings to any requesting party at least 24 hours prior to the meeting. 5. Provide in bylaws or rules for time and place of regular meetings, if regular meetings are to be held. A meeting is defined as a gathering of a majority (quorum) of the advisory body for the purpose of discussing items before the body or conducting other business of the body. It is important to understand that the Brown Act generally prohibits any action or discussion of items not on the posted agenda. There are special posting requirements for advisory body agendas: • Regular Meetings – 72 hours in advance • Special Meetings – 24 hours in advance • Adjourned Meetings – a regular or special meeting may be adjourned to a specific time and place (usually to continue a public hearing or other business). A special notice is required and should be posted within 24 hours of adjournment. BROWN ACT PROVIDES FOR PUBLIC COMMENTS The Brown Act mandates that regular meeting agendas allow for two types of public comment periods. The first is a general audience comment period, where the public can comment on any item of interest that is within subject matter jurisdiction of the local agency and that is not listed on the posted agenda. This general audience comment period may come at any time during a meeting (§54954.3). The second type of public comment period is the specific comment period pertaining to items on the advisory body’s agenda. The Brown Act requires that the advisory body allow these specific comment periods on agenda items to occur prior to or during the advisory body’s consideration of that item (§54954.3), including consent calendar items. C5 - 30 20 Public Comments at Special Meetings: The Brown Act requires that agendas for special meetings provide an opportunity for members of the public to speak about any item listed on the agenda prior to the advisory body’s consideration of that item (§54954.3). Therefore, for special meetings, advisory bodies must allow public comments for items on the agenda, however (unlike regular meetings), a public comment period for items not on the agenda is not required. Limitations on Length and Content of Public's Comments: The Brown Act allows a legislative body to adopt reasonable regulations limiting total amount of time allocated for public testimony. In San Luis Obispo, the typical time limit for speakers is three (3) minutes. It is not permissible to prohibit public criticism of policies, procedures, programs, or services of the City or acts or omissions of the City (§54954.3(c)). This does not mean that a member of the public may speak on “anything.” If the topic is not within the subject matter jurisdiction of the advisory body, the Chair should remind the speaker to direct his/her comments to only those subjects within the advisory body’s purview. COMMON QUESTIONS ABOUT THE BROWN ACT The following is intended to give advisory body members a broad understanding of the Brown Act. Please consult with the staff liaison, the City Clerk, or the City Attorney for more specifics. 1. What are serial meetings? A serial meeting is any direct communication amongst a majority of the members, outside of a meeting, to develop a collective concurrence as to action to be taken on an item by the members. Serial meetings are strictly prohibited by the Brown Act. Even though a majority of members never gather in a room at the same time, a Brown Act violation may occur if ideas are exchanged among the majority by going through any person acting as an intermediary (including staff), and/or through the use of a technological devices, e.g. telephone answering machine, computer email, or voice mail. 2. What are some examples of serial meetings? The most common example of a serial meeting is when “Member A” calls “Member B” and then “Member B” calls “Member C,” and so on to share ideas among a majority of the advisory body. Another example: A member of a five-member advisory body receives a letter regarding City business and writes a note on that letter that says "I agree," and then provides a copy of the letter to two other members. Email can also be troublesome. Here’s an example of how easy it can be to unintentionally conduct a serial meeting: A staff member sends out via email a document in draft form for review by the advisory body prior to a meeting. “Member A” recommends to staff a revision and copies fellow C5 - 31 21 advisory body members. “Member B” disagrees with the proposed change and others begin to “weigh in” on the subject. 3. This seems restrictive . . . aren’t there any exceptions? Of course, prohibition against serial meetings does not prohibit all communication between individuals regarding City business. The Brown Act only prohibits use of serial meetings for the purpose of "developing a collective concurrence" concerning an issue. This does not prohibit a staff person from "briefing" members provided that the briefing is limited to furnishing information, and the staff person does not solicit opinions concerning an appropriate course of action for City and then share them among the members. 4. What’s a Quorum? A quorum is the majority (more than half) of the total number of established members of the committee. A quorum must be present for any business discussion or action to take place. A quorum must be present for the duration of a meeting. If a member leaves during the meeting, resulting in the lack of a quorum, no further business may be conducted and the meeting must be adjourned. If vacancies exist on the advisory body, those vacant positions still count towards the quorum. For example, if one seat is vacant on a five-member body, and two members are absent there is not a quorum. 5. What are some exceptions to the Brown Act? Advisory body members may attend and/or participate in the following as long as a majority of the members do not discuss amongst themselves matters that are within the subject jurisdiction of the advisory body: • Informational or educational workshops or conferences • Community meetings, such as town hall meetings, workshops, forums, etc. not sponsored by the advisory body • A meeting of another body of the local agency • Social or ceremonial events. 6. Can an advisory body conduct a retreat? “Team building” or “goal setting” retreats may be held, but they must be held within the City, be properly noticed, and be open to the public. C5 - 32 22 C5 - 33 23 Section 5. Advisory Body Summary Permanent advisory bodies are established by the City Council by either ordinance or resolution. Membership is defined in the enabling legislation and all members are appointed by the Council. Members are selected: • On the basis of interest, experience and knowledge in the field pertinent to the committee • To represent a particular segment of the community (student, elderly, disabled) • From a broad representation of community interest and expertise. Most advisory bodies meet regularly at established times. Some advisory bodies are defined as technical or special-purpose. They may meet regularly or only when projects or proposals require their attention. C5 - 34 24 ARCHITECTURAL REVIEW COMMISSION PURPOSE The City of San Luis Obispo has a number of unique characteristics, including ideal climate, spectacular natural vistas, and an outstanding man-made environment that has evolved from historic traditions of the community. The Architectural Review Commission (ARC) has a vital role in the preservation and enhancement of the beauty and visual character of the City. FUNCTIONS The primary goals of the City’s design review process are to: • Maintain the community’s quality of life for residents; • Maintain property values; • Attract growth in the local economy; and • Preserve the City’s natural beauty and distinct visual character. The Commission is responsible for establishing (with Council approval) guidelines for determining what is “good design.” These Community Design Guidelines are published in the form of a booklet with pictorial illustrations to help applicants understand the Commission’s goal of maintaining a high level of architectural excellence in the City. The Commission spends the majority of its time reviewing development plans for private and City projects after visiting project sites. They work with applicants and their designers to ensure that projects are consistent with required ordinances and standards as well as the Community Design Guidelines. Although Commissioners do consider the rights and desires of property owners/developers, they must make their decisions pursuant to the General Plan, Community Design Guidelines, ordinances, and other standards and procedures set forth in State and City law. When the ARC is the final reviewing body, the Commission may be responsible for environment determinations pursuant to the California Environmental Quality Act (CEQA). Good design, obviously, is a subjective matter. For this reason, the guidelines state generalized preferences for different types of projects and components of design, but also provide for flexibility to encourage creative designs. To allow for flexibility and to encourage excellence, the Commission may add to and modify project conditions at the public hearing where projects are considered. This “give and take” discussion with designers helps create projects that are not only designed technically well, but enhance and are compatible with the character of the immediate neighborhood and the City at large. It is important to understand that the Commission does not seek to dictate any particular style of architecture, but instead seeks a harmonious variety of compatible building styles. C5 - 35 25 SCOPE OF AUTHORITY Most building projects in the City, including exterior remodeling, require ARC approval before a building permit can be issued. The only types of projects that do not require ARC approval are: 1. Individually built houses, with a few exceptions, as determined by the Community Development Director. 2. Small projects, such as minor sign exceptions, building additions or remodels, or a new or small structure that is minor, or incidental to a larger, previously approved project (known as minor or incidental projects – require planning application and fee, but don’t involve a hearing). 3. Very minor changes or additions to an existing building, or other site feature (known as aesthetically insignificant projects – no separate planning application is required). 4. Signs that meet the minimum standards of the sign ordinance (and are not part of a larger project that does require ARC approval). In reviewing a specific project, the ARC looks at all of the project components that affect its exterior appearance and site design. Plans need to include complete information on site planning, grading, building design, colors, materials, signage, and lighting. Given the range of projects reviewed by the ARC, additional information or presentation products are sometimes requested to help the Commission and interested public better understand the project. The ARC is not concerned with interior function and design, except where it may impact the exterior appearance. Occasionally, some of the factors considered by the ARC, such as site layout and parking, may overlap with the jurisdiction of the Planning Commission. This overlap is to be expected and does not necessarily mean that the two committees are duplicating work. The Planning Commission primarily concerns itself with general site design only in connection with land-use decisions, leaving the details to the ARC. However, when a specific site layout is approved by the Planning Commission, the ARC is expected to work with the general layout established by the Planning Commission action. ARC approval by itself does not take the place of a building permit or other special approvals that might be required for a new project. Complete architectural review guidelines and more information about the ARC are contained in the Community Design Guidelines, which are available at the Community Development Department. STATUS The ARC was established by City ordinance in November, 1973. It is supported by planners in the Community Development Department who do initial evaluation of development plans, confer with designers, prepare meeting agendas and assist the Commission in its duties. The Commission is responsible directly to the Council, which hears all appeals of ARC decisions. (SLOMC Chapter 2.48, Ordinance. No. 600 [1973 Series]; Guidelines amended by Resolution No. 5086 [1983 Series]; Ordinance No. 1138 [1989 Series]; Ordinance No. 1417 [2002 Series]). Commissioners are compensated at $50.00 per meeting with a monthly maximum of $200.00. (Ordinance No. 1417, [Series 2002]). C5 - 36 26 MEMBERS The ARC has seven members. Members must be residents and registered voters of the City. The only special qualifications for membership are a proven interest in the City’s physical environment and the ability to make positive and fair aesthetic evaluations. Architectural Review Commission members are designated as Conflict of Interest filers under the City’s Conflict of Interest Code. Newly appointed members must file an “Assuming Office Statement” within 30 days of assuming office, and will be required to file an annual statement which will be due no later than April 1st of each year. Upon leaving their appointment, each member will be required to file a “Leaving Office Statement” within 30 days of leaving. The original statements are filed with the City Clerk. In addition to this requirement, ARC members are required to complete two hours of ethics training. For newly elected and appointed officials, the requirement is to receive this training within one year of assuming office and renew this training within two years of receiving the first training. The original proof of participation certificate, awarded after completion of the training, must be sent to the City Clerk. TERMS/LIMITS Members of the Commission serve a term of four years. Members are eligible for re-appointment for an additional four years. Members are subject to a term limit of eight years, or two consecutive four-year terms. MEETINGS The ARC meets at 5:00 p.m. on the first and third Monday of each month in the Council Hearing Room, City Hall. C5 - 37 27 BICYCLE ADVISORY COMMITTEE PURPOSE The purpose of the Bicycle Advisory Committee (BAC) is to provide oversight and policy direction on matters related to bicycle transportation in San Luis Obispo and its relationship to bicycling outside the City. The BAC makes recommendations regarding the implementation of the City’s Bicycle Transportation Plan, which includes information on the network of bike lanes and bike paths, as well as a variety of programs to promote and support bicycle transportation. STATUS The BAC was established as an ad hoc committee June 24, 1991. MEMBERS The BAC has seven members. Members must be residents and registered voters of the City. TERMS/LIMITS Members of the Committee serve a term of four years. Members are eligible for re-appointment for an additional four years. Members are subject to a term limit of eight years, or two consecutive four-year terms. MEETINGS Generally meets bimonthly on the third Thursday of the month (January, March, May, July, September and November) at 7:00 p.m. in the Council Hearing Room, City Hall. C5 - 38 28 CONSTRUCTION BOARD OF APPEALS PURPOSE The Construction Board of Appeals meets as necessary in order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of various technical codes. In addition, the Board of Appeals may meet as the Appeals Board for Disabled Access for the purpose of considering appeals to the standards contained in the California Building Standards Code regarding accommodations for persons with physical disabilities. STATUS The Construction Board of Appeals was established in 1979 and is required under provisions of the City’s Building Code. The Board is staffed by the Chief Building Official. (SLOMC Chapter 15, Section 204.1, Resolution No. 4017 [1979 Series]) MEMBERS The Board consists of seven members. Members must be residents and registered voters of the City. Five of the seven members shall be qualified by experience and training to pass on matters pertaining to building construction and building service equipment, and who are not employees of the City. Two members of the Board shall be physically handicapped, as defined by the California Building Code. TERMS/LIMITS Members of the Board serve a term of four years. Members are eligible for re-appointment for an additional four years. Members are not subject to term limits. MEETINGS - Held on call. C5 - 39 29 CULTURAL HERITAGE COMMITTEE PURPOSE The Cultural Heritage Committee (CHC) 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 that 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; and d) helping with the administration of City- sponsored benefit programs. FUNCTIONS 1. Collect, consolidate, and make available information about historical resources and historical resource sites, and promote, participate in, or sponsor educational 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. 3. Review the Inventory of Historical Resources and recommend to the Council any amendments. 4. Assist property owners with the preparation of National Register applications for historical resource sites. 5. Help to administer benefit programs approved by the 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 preservations. 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. Provide direction on the application of the California Environmental Quality Act (CEQA) on specific development proposals where possible impacts of development on historic resources are uncertain. 10. Function within the guidelines and policies of the Advisory Bodies Handbook and perform other duties as assigned by the Council. C5 - 40 30 STATUS The CHC was established in 1981 as a technical committee and is staffed by a Planner from the Community Development Department. This committee became permanent in February 1987 when Council adopted Resolution No. 6158 (1987 Series) that establishes CHC functions and duties. (Bylaws amended by Resolution No. 9468 [2003 Series]). See also SLOMC Chapter 17.54, Ordinance No. 1086 (1987 Series) establishing Historical Preservation Districts, and Resolution No. 8004 (1992 Series) allowing members to reside outside the three Historical Preservation Districts. MEMBERS The CHC is a seven-member committee. Members must be residents and registered voters of the City. When possible, membership includes a person knowledgeable in local history, a person with training or experience in structural rehabilitation, a person with knowledge of architecture, and, when possible, a person knowledgeable in local archaeology. The membership also includes a resident from each of the City’s three Historical Preservation Districts, when possible. Cultural Heritage Committee members are designated as Conflict of Interest filers under the City’s Conflict of Interest Code. Newly appointed members must file an “Assuming Office Statement” within 30 days of assuming office, and will be required to file an annual statement which will be due no later than April 1st of each year. Upon leaving their appointment, each member will be required to file a “Leaving Office Statement” within 30 days of leaving. The original statements are filed with the City Clerk. TERMS/LIMITS Members of the Committee serve a term of four years. Members are eligible for re-appointment for an additional four years. Members are subject to a term limit of eight years, or two consecutive four-year terms. MEETINGS Meets the fourth Monday of the month at 5:30 p.m. in the Council Hearing Room at City Hall. C5 - 41 31 HOUSING AUTHORITY PURPOSE The Housing Authority Commission advises the Council on housing issues and needs of the low- and moderate-income households in the City. FUNCTIONS The Commission is responsible for developing, maintaining, and managing the City’s low-rent housing and rental subsidy programs. It has direct legal responsibility for policy, staff, and management of the Authority’s multi-million dollar annual operating budget. STATUS The Commission was established by the Council in 1968 to fulfill the responsibilities related to the creation of the Housing Authority. The Housing Authority is a separate public corporation that, under state and federal law, is responsible for implementing programs which assist families or elderly persons who lack the income necessary to obtain housing that is decent, safe, and sanitary. The legal authority, powers, duties and responsibilities of the Commission are defined by the California Health and Safety Code (Housing Authorities Law) and the corporation bylaws of the Commission. Its bylaws are not approved by the City Council. (Authorized by City Election held 6/4/68) MEMBERS Terms of office, qualifications for appointment and grounds for removal from office are defined by state law. Appointments to the Housing Authority are not subject to residency requirements. The Commission has seven members. Five of the members are at-large and are appointed by the Mayor subject to confirmation by the Council. The other two members are appointed by the Mayor from the Housing Authority’s tenant population and each serves a two-year term. At least one of the tenant members must be 62 years of age or older. Housing Authority members are designated as Conflict of Interest filers under the City’s Conflict of Interest Code. Newly appointed members must file an “Assuming Office Statement” within 30 days of assuming office, and will be required to file an annual statement which will be due no later than April 1st of each year. Upon leaving their appointment, each member will be required to file a “Leaving Office Statement” within 30 days of leaving. The original statements are filed with the City Clerk. In addition to this requirement, Housing Authority members are required to complete two hours of ethics training. For newly elected and appointed officials, the requirement is to receive this training within one year of assuming office and renew this training within two years of receiving the first training. The original proof of participation certificate, awarded after completion of the training, must be sent to the City Clerk. TERMS/LIMITS C5 - 42 32 The at-large members serve four-year terms. The tenant members serve two-year terms. Members of the Commission are not subject to term limits. MEETINGS Meets the third Thursday of the month at noon in the Housing Authority offices located at 487 Leff Street. C5 - 43 33 HUMAN RELATIONS COMMISSION PURPOSE The Human Relations Commission (HRC) advises the Council in creating an environment within the City in which all persons can enjoy equal rights and opportunities regardless of race, religion, sex, national origin, age, physical, mental, sexual orientation, or economic status. The Commission makes recommendations to the Council or the City Manager on how these social concerns and human needs can best be addressed. It is desired and expected that specific functions of the HRC will change as solutions are found to specific problems or as times change, and the needs and priorities of the community in this field evolve. FUNCTIONS 1. To promote mutual understanding and foster harmonious relations between persons and groups within the community, and provide a forum for residents to discuss problems relating to human rights and relations; 2. To receive and investigate complaints concerning community tensions and acts of discrimination, and cooperate with and assist other human services groups that have similar purposes; 3. To make recommendations to the Council when action is proposed as a means to insuring community cooperation and understanding; 4. To evaluate perceived inadequacies in human rights and services and to recommend possible action; 5. To review, evaluate, and make recommendations on all City funding requests from groups that provide human services and Community Development Block Grants (CDBG); to provide liaison to recipients of grants-in-aid monies, through personal contact and required activity and budget reports; 6. Such duties, including studies and research, as the Council deems necessary and appropriate and assigns to the Commission. 7. To help foster good relations between the Homeless Shelter and surrounding neighborhood and the integration of homeless services. STATUS The Commission was established by the Council in 1964. (Established by motion 1/6/64, SLOMC Chapter 2.56, amended by Ordinance No. 1150 [1989 Series]. The Commission oversees City-approved programs such as a referral service for those members of the community in need. The HRC staff is in contact with other human service agencies throughout the City, county and state. The HRC is staffed by the Human Resources Department. C5 - 44 34 MEMBERS The HRC has seven members. Members must be residents and registered voters of the City. While there are no special qualifications for applicants, the Council usually seeks individuals with experience, or a demonstrated interest in community social issues. MEETINGS Meets monthly on the first Wednesday of the Month at 5:00 p.m., in the Council Hearing Room, City Hall. TERMS/LIMITS Members of the Commission serve a term of four years. Members are eligible for re-appointment for an additional four years. Members are subject to a term limit of eight years, or two consecutive four-year terms. C5 - 45 35 JACK HOUSE COMMITTEE PURPOSE The Jack House Committee assists the Council and Parks and Recreation Department in the administration and restoration of the historic Jack Residence at 536 Marsh Street. The Committee makes recommendations for basic rules and regulations that will allow for the greatest possible public use and enjoyment of the house and grounds, while protecting and preserving the history and integrity of this cultural and recreational facility. STATUS The Committee was established in 1975 as a condition of a deed granting the former residence of the Jack family to the City of San Luis Obispo. The Committee is staffed by the Parks and Recreation Department staff. (Resolution No. 2761 [1975 Series]) MEMBERS The Committee has seven members who are required to be residents and registered voters of the City. Membership consists of one person each from the County Historical Society, Cal Poly School of Architecture faculty, Cal Poly Department of Ornamental Horticulture faculty, and City Parks & Recreation Commission. (Retired Cal Poly faculty members qualify for these positions.) Additionally, there are three members-at-large appointed for four-year terms by the Council. TERMS/LIMITS There are no term limits for members serving on the Jack House Committee appointed by Council. MEETINGS Meetings are held on the second Wednesday of the month at the Parks and Recreation Department Office, 1341 Nipomo Street, at 5:30 p.m. C5 - 46 36 MASS TRANSPORTATION COMMITTEE PURPOSE The Mass Transportation Committee assists with an ongoing program of public transit in the City and Cal Poly. As requested, the Committee provides advisory recommendations and input to the Council regarding routes, schedules, capital projects, fares, marketing, and additional services. STATUS The Committee was established in 1972 to study the feasibility of a public mass transit system to serve City residents and visitors. It is staffed by the Transit Manager in the Public Works Department. (SLOMC Chapter 2.20. MEMBERS The Committee has seven voting members, consisting of one Cal Poly employee designated by Cal Poly and one Cal Poly student representative designated by Associated Students, Inc. (ASI); one senior citizen (62 years of age or older); one person from the business community; one person with technical transportation planning experience; one disabled person; one member-at-large, and one student. In addition, when possible, two Alternate members selected from the general public will be appointed. The Cal Poly representatives are exempt from the residency requirements. All other members must be residents and registered voters of the City. TERMS/LIMITS Members of the Committee serve a term of four years. Members are eligible for re-appointment for an additional four years. Members are subject to a term limit of eight years, or two consecutive four- year terms. MEETINGS Meetings are held quarterly. The Committee establishes in June annually a regular meeting schedule for the period from July 1 through June 30. The annual meeting schedule includes date, time, and location. C5 - 47 37 PARKS AND RECREATION COMMISSION PURPOSE The Parks and Recreation Commission is a body of citizens appointed to advise the City’s Parks and Recreation Department and the Council on the development and operation of recreation programs and parks, and on the implementation of the Parks and Recreation Element of the General Plan. The Commission works closely with the Recreation Director and staff, and with the Parks Maintenance Division of the Public Works Department. FUNCTIONS The Commission advises and makes recommendations on all aspects of the City’s parks and recreation programs. The Commission is expected to: 1. Provide leadership in developing a comprehensive recreational program for City residents of all ages. 2. Be familiar with the types of recreation programs and parks that residents need and want. 3. Plan, through implementation of the Parks and Recreation Element, for parks that will be needed in the future as the City grows. 4. Advise the Parks and Recreation Director, as requested, on department administration. STATUS The Commission was originally created in 1941 by Charter. In 1978, the Charter was revised and the Parks and Recreation Commission was re-established by ordinance. (SLOMC 2.16) The Commission is staffed by the Parks and Recreation Department. MEMBERS The Parks and Recreation Commission consists of seven members. Members must be residents and registered voters of the City. TERMS/LIMITS Members of the Commission serve a term of four years. Members are eligible for re-appointment for an additional four years. Members are subject to a term limit of eight years, or two consecutive four-year terms. MEETINGS Meetings are held the first Wednesday of the month at 5:30 p.m. in the Council Chamber located at City Hall, 990 Palm Street. C5 - 48 38 PERSONNEL BOARD PURPOSE The Personnel Board exists to provide a forum for hearing both sides of unresolved employee grievances and disciplinary matters. The Board’s goal is to bring out all information pertinent to a case and give all interested parties an opportunity to state their views. The Board can then make recommendations to the Council based on complete information, thus relieving the Council of what can be a very time- consuming process. The Board may perform other advisory roles as directed from time to time which are consistent with the Charter and best use the skills and talents of the Board members. FUNCTIONS The Board makes recommendations in two general areas: 1) When an employee appeals a disciplinary action taken against him/her; and 2) When an employee files a grievance that cannot be settled at an administrative level. In the case of a grievance, the Board will give the City Manager an advisory opinion, based on either the written record alone, or on the written record plus sworn testimony taken at a hearing. For a disciplinary case, the Board always holds a hearing—open or closed, according to the employee’s wishes. The Board then forwards its findings and recommendations to the Council. The Board has the power to subpoena witnesses and documents for its hearing. If either party asks for a subpoena before the hearing, the Board must issue it. After the hearing begins, subpoenas may be issued at the Board’s discretion. Three members constitute a quorum. A member may vote on a recommendation only if he/she is present for the entire hearing, or if the member certifies he/she has listened to a recording, or read the transcript of that portion of the hearing that he/she missed. STATUS In June 1978, City voters approved an amendment to the Charter that required the Council to set up an advisory board for personnel matters. The Board, responsible to the Council, began operating in July 1979. The Human Resources Department provides staff support to the Board. (SLOMC Chapter 2.36.540, Ordinance No. 808 [1979 Series]) MEMBERS The Personnel Board has five members. Members must be residents and registered voters of the City. Although there are no special qualifications for appointment, some knowledge or background in personnel matters is helpful. C5 - 49 39 MEETINGS The Board meets when a personnel matter requires it. The meetings are held at a time mutually convenient to Board members, staff and other involved persons. TERMS/LIMITS Members of the Board serve a term of four years. Members are eligible for re-appointment for an additional four years. Members are subject to a term limit of eight years, or two consecutive four-year terms. C5 - 50 40 PLANNING COMMISSION PURPOSE The Planning Commission must regularly make decisions regarding land use policies and specific development applications. Some are recommendations to the Council and some are final, subject to appeal to the Council. The Commission also reviews and recommends long-range plans for the City’s growth and development. FUNCTIONS The Planning Commission makes recommendations to the Council in five areas: 1. General Plan - The Commission reviews proposals on long-range planning policies. These may be in the form of new sections for the General Plan or amendments to the existing plan, or development of Specific Plans or Area Plans, and are brought to the Commission by City planning staff, consultants, and private applicants. 2. Zoning - The Commission reviews proposals for changes in the zoning of land, or in the zoning regulations, and makes recommendations to the Council. In some matters, such as use permits, the Commission’s decision is final, unless appealed to the Council. 3. Subdivisions - The Commission makes recommendations to the Council on the subdivision of land. 4. Capital Improvement Program - The City’s long-range financial plan for major municipal construction projects, equipment purchases and planning studies is reviewed for General Plan conformance by the Commission, and its recommendations are forwarded to the Council. 5. City Services and Resources - The Commission reviews the adequacy of City services and resources needed for proposed development. When City facilities or resources are in danger of being overburdened, the Commission offers recommendations to the Council on possible remedies. When Planning Commission decisions are final, the Commission also takes final action on environmental determinations pursuant to the California Environmental Quality Act (CEQA). In weighing decisions on the growth and development of the City of San Luis Obispo, the Commission provides a sounding board for public opinion. Although commissioners do consider the rights and desires of property owners/developers and the general public, they must make their decisions pursuant to the General Plan, ordinances, and other standards and procedures set forth in State and City law. STATUS The Commission was established in the 1940s. It is staffed by planners in the Community Development Department who prepare meeting agendas, meet with developers, and handle other functions for the Commission. The Commission is responsible to the Council. (SLOMC Chapter 2.12, Ordinance No. C5 - 51 41 254N [1944 Series], Ordinance No. 1139 [1989 Series] Commissioners are compensated $50.00 per meeting with a monthly maximum of $200.00. (Resolution No. 9189 [2001 Series]) MEMBERS The Planning Commission has seven members who are not necessarily planning professionals. Members must be residents and registered voters of the City. No special training is required for appointment. Members occasionally may be requested to attend seminars and workshops to enhance skills in planning. Planning Commission members are designated as Conflict of Interest filers under the City’s Conflict of Interest Code. Newly appointed members must file an “Assuming Office Statement” within 30 days of assuming office, and will be required to file an annual statement which will be due no later than April 1st of each year. Upon leaving their appointment, each member will be required to file a “Leaving Office Statement” within 30 days of leaving. The original statements are filed with the City Clerk. In addition to this requirement, Planning Commission members are required to complete two hours of ethics training. For newly elected and appointed officials, the requirement is to receive this training within one year of assuming office and renew this training within two years of receiving the first training. The original proof of participation certificate, awarded after completion of the training, must be sent to the City Clerk. TERMS/LIMITS Members of the Commission serve a term of four years. Members are eligible for re-appointment for an additional four years. Members are subject to a term limit of eight years, or two consecutive four-year terms. MEETINGS Meetings are held on the second and fourth Wednesday of the month at 6:00 p.m. in the Council Chamber, City Hall. C5 - 52 42 PROMOTIONAL COORDINATING COMMITTEE PURPOSE The Promotional Coordinating Committee’s (PCC) goals are to: 1) improve the quality of life available to all residents of and visitors to San Luis Obispo; and 2) promote, in a manner consistent with long- range community goals, the development of San Luis Obispo as a regional hub and tourist center. FUNCTIONS 1. Planning a comprehensive, long-range program to promote tourism in the City. 2. Preparing an annual program consistent with the long-range program. 3. Developing City advertising and promotional programs and projects. 4. Hearing requests from cultural and promotional groups seeking City grants; recommending groups to the Council for funding. 5. Initiating and supporting community cultural activities that are meaningful to residents and visitors alike. 6. Providing a liaison between City committees and civic organizations outside of government that work to promote the quality of life for residents and visitors of the City of San Luis Obispo. STATUS The PCC was established in 1970 as a permanent body responsible to the Council. This Committee is unusual in that it has an annual budget which, while originally developed by formula based on transient occupancy tax and business tax receipts, is no longer formula-funded, but based on annual cost-of-living increases to the prior year’s budget. (Council Minutes dated 6/23/70 and Resolution No. 4948 [1982 Series] establishing Bylaws, The PCC is staffed by an Administration employee. The PCC has two standing subcommittees. The Grants-in-Aid Committee meets from January to May to evaluate grant applications and make preliminary recommendations to the PCC. The Marketing Subcommittee is responsible for preliminary contract evaluations and the City’s Marketing Plan for preliminary recommendations to the PCC. C5 - 53 43 MEMBERS The PCC has seven members. Six of the seven members must be residents of the City of San Luis Obispo. The seventh member is a representative from the Tourism Business Improvement District Board, who is exempt from the residency requirement. The Council usually seeks appointees with experience in some aspect of promotion, advertising and tourism or in community cultural activities. Promotional Coordinating Committee members are designated as Conflict of Interest filers under the City’s Conflict of Interest Code. Newly appointed members must file an “Assuming Office Statement” within 30 days of assuming office, and will be required to file an annual statement which will be due no later than April 1st of each year. Upon leaving their appointment, each member will be required to file a “Leaving Office Statement” within 30 days of leaving. The original statements are filed with the City Clerk. TERMS/LIMITS Members of the Committee serve a term of four years. Members are eligible for re-appointment for an additional four years. Members are subject to a term limit of eight years, or two consecutive four-year terms. MEETINGS Meetings are held the second Wednesday of the month at 5:30 p.m. in the Council Hearing Room, City Hall. C5 - 54 44 TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD PURPOSE The Tourism Business Improvement District (TBID) Board advises the Council in the administration and use of the TBID assessment funds. The Board recommends projects to promote tourism to the City of San Luis Obispo to benefit directly the City’s lodging industry. FUNCTIONS 1. Develops a comprehensive program to promote tourism to the City of San Luis Obispo and prepares an annual marketing program consistent with industry goals and objectives. 2. Develops advertising and promotional programs and projects to benefit the lodging industry in the City. 3. Presents an annual assessment report to the City Council regarding promotional programs and projects that have been implemented. 4. Performs any other lawful tasks as directed by the Council. STATUS The Tourism Business Improvement District Board was established in 2008 (Ordinance No. 1517). It is staffed by an Administration employee. MEMBERS The Board consists of five members from the San Luis Obispo City lodging industry. One of those members serves as a representative to the Promotional Coordinating Committee. The Tourism Business Improvement District Board members are required to complete two hours of ethics training. For newly elected and appointed officials, the requirement is to receive this training within one year of assuming office and renew this training within two years of receiving the first training. The original proof of participation certificate, awarded after completion of the training, must be sent to the City Clerk. TERMS/LIMITS Members of the Board serve a term of four years. Members are eligible for re-appointment for an additional four years. Members are subject to a term limit of eight years, or two consecutive four-year terms. MEETINGS The TBID Board meets at 10:00 a.m. on the second Wednesday of each month rotating locations at properties of Board Members or at City Hall, 990 Palm Street, as posted on their Agenda. C5 - 55 45 TREE COMMITTEE PURPOSE The Tree Committee makes recommendations to the Council and staff on tree policies and regulations. FUNCTIONS 1. The Committee considers tree removal requests. 2. Working with staff, the Committee prepares and maintains a Master Tree List and a Tree Planting Plan, as provided in the Tree Regulations. (SLOMC 12.24 et. al.) STATUS The Tree Committee was established in 1977 by Ordinance No. 695, is staffed by the City Arborist to consider tree removal requests and other issues. MEMBERS The Tree Committee has seven members and shall consist of one (1) representative from the Parks and Recreation Commission, one (1) representative from the Architectural Review Commission, and five (5) members from the general public (one of whom shall be a horticultural expert). Members must be residents and registered voters of the City. TERMS/LIMITS Members of the Committee serve a term of four years. Members are eligible for re-appointment for an additional four years. Members are subject to a term limit of eight years, or two consecutive four-year terms. MEETINGS The Tree Committee meets at 5:00 p.m. on the fourth Monday of the month at the City’s Corporation Yard located at 25 Prado Road. C5 - 56 46 C5 - 57 47 Section 6. Tips for Being an Effective Member an Advisory Body A. UNDERSTANDING YOUR ROLE AND SCOPE OF RESPONSIBILITY After appointment by the Council, the City Clerk will present new advisory body members with a useful binder of information about the City, which includes this handbook. In addition, the City staff member designated to serve in support of your advisory body will schedule an orientation appointment with you. This is your chance to learn more about City government and the scope of responsibility of the advisory body to which you have been appointed. In addition to reading this Handbook (which will answer many of your questions), start preparing for your new role by: 1. Reviewing the City’s Mission Statement, Organizational Values, and your advisory body by-laws. 2. Reading the other information provided to you in your orientation binder about the City and your specific advisory body. Keep the binder handy for easy reference and review. 3. Getting to know fellow advisory body members and staff. Learn the history and “language” of your advisory body. Ask about upcoming issues. 4. Considering meeting with the Chair of your advisory body and/or a Council Liaison to learn more about your role and to understand expectations. This will help you focus in on the “big picture” and how you fit in. 5. Becoming familiar with basic meeting management and diplomatic decision-making procedures. 6. Attending training programs and workshops offered to you by the City. B. PREPARE AHEAD FOR MEETINGS Most citizens understand when they apply to serve on an advisory body that they will be making a commitment of time to attend meetings, but many are often surprised by the amount of time it takes to prepare properly for a meeting. Being prepared is key to making good decisions and will strengthen the value of your advisory body’s recommendations. 1. Do your homework! This involves setting enough time aside to review thoroughly and consider the entire agenda packet. 2. When you receive your agenda packet, read it carefully. Be prepared to discuss fully, evaluate, and act on all matters scheduled for consideration. Think about: a. The number of items. C5 - 58 48 b. Those items that may be controversial. c. Difficult procedural items. d. Issues you know little about. 3. Visit any sites or facilities that will help you understand the issues. 4. Start a list of questions for staff. 5. Call or meet with staff before the meeting to learn more, if need be. Getting more information ahead of time may make your decision-making easier and help move the meeting. Your questions may also alert staff to issues that others may also be pondering. Advance knowledge assists staff with preparing oral reports and adequately addressing the issues during the meeting. 6. Show up on time and be ready to work. (It’s also helpful to be well rested!) C. DEVELOP POSITIVE RELATIONSHIPS Being selected by the City Council to serve on an advisory body is a high honor and provides a unique opportunity for genuine public service. Open, honest and supportive relationships with the City Council, with City staff and fellow members of your advisory body will ensure your success and effectiveness. 1. The proper channel to contact City staff on items of consideration is through the designated City staff person providing support to your advisory body. 2. Demonstrate respect to your fellow advisory body members by being a good listener, by communicating honestly, and by being dependable. 3. Adopt a positive attitude and become a problem-solver. 4. If you have a new idea, propose it to the group as a whole. (See also Section 3.C.2, Continuity of Work and New Ideas.) 5. If friction develops, individuals should make every attempt to clarify differences and make certain that clear communication is taking place. The public meeting should not be used to express anger or disagreement. 6. If differences cannot be resolved, consider consulting with the appropriate individual/s next in line in the “chain of command”: 1) Staff Liaison or Chair, 2) the Department Head, 3) City Manager or Council Liaison. C5 - 59 49 D. FULLY PARTICIPATE To get the most out of your experience and to be truly effective as a member of an advisory body, it is strongly suggested you participate as fully as possible. 1. Your attendance at meetings is vital. Recognizing that a scheduling conflict may come up from time to time, commit to attending all the meetings of your advisory body. If you are unable to attend, contact the Chair and/or staff liaison as soon as possible prior to the meeting. Advance notice of your absence will prevent an unexpected lack of a quorum and may also avoid delays in project or program approvals. 2. Take an active role. Be an enthusiastic member of the team. 3. If time permits, attend meetings of other advisory bodies or the City Council to stay abreast of current City issues. 4. Volunteer to chair the group or serve on a sub-committee. 5. The City Council looks to its advisory bodies to be their “eyes and ears” of San Luis Obispo. Talk to members of the community about your role, get their input and invite public participation. (See also this section, G-6, Communicate Effectively.) E. ENCOURAGE AND HONOR PUBLIC PARTICIPATION Some advisory body meetings are well attended by the public and others are not. Nevertheless, it’s important to remember that everyone is entitled to his or her own opinions. Some members of the public are quite used to speaking before a public body, but most are not. Individuals may address the advisory body to either present an issue or concern, or to speak for or against an item. This may be the first time they have ever done this, and they may find the experience intimidating. Anxiety can be expressed in a variety of ways, including aggressiveness or forgetfulness, so be patient and remember to: 1. Be fair and consistent 2. Pay attention to all speakers and actively listen to what they are saying 3. Ask questions for clarification, but avoid debate or “cross-examining” 4. Be sure that your body language is not sending mixed or negative messages 5. See also this section H: Special Tips for the Chairperson. C5 - 60 50 F. RESPECT INDIVIDUAL VIEWPOINTS Although it may seem like this tip could simply go unsaid, it is important to remember it (especially when you feel very strongly about a matter): Treat fellow members of your advisory body, staff, and the public with respect and courtesy at all times. 1. Allow others time to present their views fully 2. Actively listen and seek to understand 3. Avoid interrupting others 4. Be open to new ideas 5. Explore alternatives 6. When necessary, agree to disagree. G. COMMUNICATE EFFECTIVELY Advisory body members serve as a communications link between the community, staff, and City Council. You provide a channel for citizen expression. Not only is it important for you to listen carefully to others, but you also need to be able to communicate effectively what you are hearing and thinking. 1. Take notes to remind yourself of questions you want to ask or important comments you wish to make 2. Be direct, open, and forthright 3. Provide rationale for opinions or recommendations 4. Stay on topic 5. Take your charge seriously, but maintain composure and keep your sense of humor 6. When speaking to the public and/or press, be sure you are representing the majority views of your individual advisory body. Personal opinions should be clearly identified as such. 7. Speak clearly and be sure people can hear you. 8. If you wish to communicate using electronic mail (email), use the tool wisely. It is easy to unintentionally violate the Brown Act, so certain caution must be exercised when using email. (See Section 4, Common Questions about the Brown Act.) C5 - 61 51 H. SPECIAL TIPS FOR THE CHAIRPERSON The Chairperson’s main role is to provide the advisory body with group direction and to set the tone for meetings. The Chair must balance being strong enough to move the meeting along and democratic enough to involve all members in the meeting. The effective chairperson: 1. Remembers to explain the public participation process to the audience. (For example: “The commission will hear first from staff who will present the staff report. Commission questions to staff will follow and then the floor will be open to the public, who may comment on the matter. Following public comment, the matter will come back to the commission for our deliberation and action.”) 2. Announces each item before discussion begins. 3. Is even-handed and fair to all participants. 4. Observes specified time limits. 5. Protects commissioners and staff from verbal attacks. 6. Solicits opinions, feelings, and positions from all members. 7. Encourages the generation of alternative solutions. 8. Protects new thoughts from being rejected prior to fair evaluation. 9. Discourages finger pointing and blame-orientated statements or questions. 10. Keeps the discussion focused on the issue. 11. Delays evaluation and analysis of alternatives until all are on the table. 12. Guides the process of screening alternatives and selecting the solution. 13. Attempts to obtain consensus. 14. Moves the meeting along and does not let the advisory body drift off the subject at hand. I. MANAGING DIFFICULT MEETINGS Here are some additional tips for managing any meeting, but particularly the difficult ones: 1. Encourage the designation of a spokesperson for any groups 2. Ask staff to make sure there are plenty of extra agendas and staff reports 3. Establish and announce rules before the meeting begins C5 - 62 52 4. Introduce each item and possible actions 5. Try not to waste time on routine items 6. Encourage speakers to address the advisory body and not the audience 7. Discourage clapping and shouting 8. Use recesses to help diffuse hostility 9. Adhere to speaker time limits 10. If you don’t already, use speaker slips/cards 11. Make sure that all advisory body members are addressing each other, through you, and not the audience 12. Consider continuing an item for further discussion if it appears consensus may not be reached. C5 - 63 53 Appendices C5 - 64 54 MISSION STATEMENT SAN LUIS OBISPO STYLE Quality with Vision WHO ARE WE? WHERE ARE WE GOING? People Serving People Into the Future with a Design  A team that puts high value on each citizen it serves.  Providers of programs that meet basic service needs of each citizen.  Enhancers of the quality of life for the community as a whole.  Planning and managing for levels of service consistent with the needs of the citizens.  Offering skills development and organizational direction for employees in order to improve the delivery of municipal services.  Developing sources of funding and establishing a sound financial management program which will result in fiscal independence and flexibility in the delivery of City Services.  Providing the residents of the City with accurate and timely information on issues which affect them, and encouraging the full utilization of City services.  Promoting the City as a regional trade, recreational and tourist center and improving the quality of life for residents and visitors. WHAT DO WE STAND FOR? Quality in all Endeavors – Pride in Results  Service to the community – the best – at all times.  Respect – for each other and for those we serve.  Value – ensuring delivery of service with value for cost.  Community involvement – the opportunity to participate in attaining the goals of the City. C5 - 65 55 ORGANIZATIONAL VALUES We, as an organization, embrace opportunities to improve our services and the quality and effectiveness of our relationships with the community and our teams. The following values guide and inspire our efforts. Shared Vision, Mission and Goals We have a sense of common purpose and direction pursued with passion and translated into concrete actions. Service We are dedicated to the best use of resources to fulfill identified community goals and needs. Leadership and Support We recognize that the ability to lead can be found at all levels and that to create an environment to succeed requires leading by example. Communication We foster open and clear discussion that encourages the willingness to speak up and to listen, within a framework of respect and understanding. Team Players We encourage effective working relationships within and between departments and the public to address issues and achieve valuable results. Honesty, Respect and Trust We honor commitments, acknowledge legitimate differences of opinion and accept decisions reached with integrity. Initiative and Accountability We take personal responsibility to do what needs to be done and report the results in a straightforward manner. Innovation and Flexibility We are open to change and willing to try new ways to fulfill the organization’s vision, mission, and goals more effectively. Employee Development and Recognition We encourage and support each employee to improve relevant job skills and celebrate personal and team accomplishments. Stewardship and Ethics We promote public trust by using City resources wisely, and through consistent fulfillment of these values. C5 - 66 56 ADVISORY BODIES IN-BRIEF Advisory Body Regular Meetings Function Architectural Review Commission 1st & 3rd Mon,5:00 p.m., Council Hearing Room, City Hall To maintain the community’s quality of life, maintain property values, attract growth in local economy and preserve the City’s natural beauty and distinct visual character. Bicycle Advisory Committee 3rd Thurs, 7:00 p.m. Jan, Mar, May, July, Sept, and Nov. Council Hearing Room, City Hall Provide oversight and policy direction on matters related to bicycle transportation and its relationship to bicycling outside the City. Make recommendations regarding the implementation of the City’s Bicycle Transportation Plan as well as a variety of programs to promote and support bicycle transportation. Board of Appeals As Needed, City Hall To hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretations of the Building Codes. May also meet as the Appeals Board regarding accommodations for persons with physical disabilities. Cultural Heritage Committee 4th Monday, 5:30 p.m., Council Hearing Room, City Hall To promote the preservation of architectural, Archaeological, historical and cultural resources by helping the public pursue cultural resources preservation projects and by sponsoring educational programs. Housing Authority 3rd Thursday, 12:00 Noon, 487 Leff Street To develop, maintain and manage the City’s low-rent housing and rental subsidy programs to help low and moderate-income families, the elderly, and disabled with housing problems. Human Relations Commission 1st Wednesday, 5:00 p.m., Council Hearing Room, City Hall To promote mutual understanding and foster harmonious relations between persons and groups and provide a forum for residents to discuss problems relating to human rights and relations and to make recommendations on funding requests from groups that provide human services and CDBG Jack House Committee 2nd Wednesday, 5:30 p.m., 1341 Nipomo Street To assist the City Council and Parks and Recreation Department in the administration and restoration of the Jack Residence for the greatest possible public use and enjoyment including making recommendations for basic rules and regulations. Mass Transportation Committee 2nd Wed, 2:30 p.m., Jan, Mar, May, Jul, Sept, and Nov, Council Hearing Room, City Hall To assist with the ongoing program of public transit in the City and Cal Poly. The committee provides advisory recommendations to the Council regarding routes, schedules, capital projects, fares, marketing and additional services. C5 - 67 57 Parks & Recreation Commission 1st Wednesday, 5:30 p.m., Council Chamber, City Hall To advise the Parks and Recreation Department and Council on the development and operation of recreation programs and parks and implementation of the Parks and Recreation Element of the General Plan.. Personnel Board As Needed To provide a forum for hearing unresolved employee grievances and disciplinary matters. Planning Commission 2nd & 4th Wed, 6:00 p.m., City Hall To make recommendations to Council on the General Plan, zoning, subdivisions, the Capital Improvement Program and the City services and resources. Promotional Coordinating Committee 2nd Wed, 5:30 p.m., Council Hearing Room; City Hall Recommendations on projects to help promote the City as a regional trade, recreation and tourist center, consistent with long-range community goals. Tourism Business Improvement District Board 2nd Wed, 10:00 a.m., Rotates at TBID member locations Develops programs to promote tourism, promotional programs and projects to benefit lodging industry Tree Committee 4th Mon, 5:00 p.m., 25 Prado Rd. Considers tree removal requests, and prepares and maintains a Master Tree List and Tree Planting Plan. T:\Council Agenda Reports\2013\2013-07-16\Reso Adopting Amended bylaws for City Advisory Bodies (Codron-Kennedy Grimes)\2013 AB Handbook.doc C5 - 68 Attachment 3 Advisory Body Bylaws Prepared by the Office of the City Clerk Adopted by Resolution No. _______ (2013 Series) on July 16, 2013 C5 - 69 1 City of San Luis Obispo Advisory Body Bylaws July 2013 Table of Contents Architectural Review Commission Bylaws ...................................................................................... 2 Bicycle Advisory Committee Bylaws ............................................................................................... 5 Building Construction Board Of Appeals Bylaws ............................................................................ 7 Cultural Heritage Committee Bylaws .............................................................................................. 9 Human Relations Commission Bylaws .......................................................................................... 12 Jack House Committee Bylaws ..................................................................................................... 14 Mass Transportation Committee Bylaws ...................................................................................... 17 Parks & Recreation Commission Bylaws....................................................................................... 19 Personnel Board Bylaws................................................................................................................ 22 Planning Commission Bylaws ........................................................................................................ 24 Promotional Coordinating Committee Bylaws ............................................................................. 27 Tourism Business Improvement District Board Bylaws ................................................................ 30 Tree Committee Bylaws ................................................................................................................ 33 C5 - 70 2 City of San Luis Obispo Advisory Body Bylaws July 2013 Architectural Review Commission Bylaws MEMBERSHIP The Architectural Review Commission (ARC) has seven members. Members must be residents and registered voters of the City. The only special qualifications for membership are a proven interest in the City’s physical environment and the ability to make positive and fair aesthetic evaluations. ARTICLE 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 in accordance with law. ARTICLE 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. ARTICLE 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 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 C5 - 71 3 City of San Luis Obispo Advisory Body Bylaws July 2013 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. 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. ARTICLE 4. QUORUM A. Four members of the commission constitutes a quorum for the transaction of 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. ARTICLE 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. E. Commissioners not supporting a motion for project approval shall summarize the reason for their vote. ARTICLE 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. ARTICLE 7. ATTENDANCE C5 - 72 4 City of San Luis Obispo Advisory Body Bylaws July 2013 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 of six (6) such Commission meetings within any 12 month period, shall be reviewed by the Chairperson for possible referral to the City Council. ARTICLE 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. ARTICLE 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. C5 - 73 5 City of San Luis Obispo Advisory Body Bylaws July 2013 Bicycle Advisory Committee Bylaws ARTICLE 1. PURPOSE The purpose of the Bicycle Advisory Committee is to provide oversight and policy direction on matters related to bicycle transportation in San Luis Obispo and its relationship to bicycling outside the City. ARTICLE 2. COMMITTEE MEMBERSHIP AND TERMS OF OFFICE The Bicycle Advisory Committee shall have seven members appointed by the City Council to staggered terms of four years. Members must be residents and registered voters of the City. Committee members will serve at the pleasure of the City Council. Any Committee member may be reappointed, provided no appointee serves more than two consecutive terms (8 years). A member who has served eight years can be reappointed after a one year absence from the Committee. ARTICLE 3. OFFICERS The officers will consist of a Chairperson and Vice-Chairperson who will be elected annually at a regular Committee meeting in each calendar year. The Chairperson will preside over all meetings of the Committee and perform such duties as directed by the Committee. The Vice- Chairperson will serve in the absence or incapacity of the Chairperson. ARTICLE 4. MEETINGS A. The Committee will hold a regular meeting at least quarterly. The meetings are generally held the third Thursday of every other month (January, March, May, July, September and November) at 7:00 p.m. in the Council Hearing Room, City Hall. All meetings will be open to the public. B. The Chairperson or any four members of the Committee may call a special meeting, provided that a week's prior notice is given in writing to each member. C. A quorum will consist of a majority of established Committee members. D. All actions of the Committee will be decided by a majority vote or consensus and will be directed through the Committee chair. E. All members present must vote, except when abstaining due to a declared conflict of interest. A failure or refusal to vote when present (except for a declared conflict or interest) will be construed as an affirmative vote. C5 - 74 6 City of San Luis Obispo Advisory Body Bylaws July 2013 F. Any member with a declared conflict of interest will not vote or participate in any discussion of any item or in any manner attempt to influence the decision on that item. ARTICLE 5. SUBCOMMITTEES Subcommittees consisting of less than a quorum of the Committee can be appointed as needed by the Chairperson. ARTICLE 6. ADVISORY BODY POLICIES The Committee adopts and incorporates by reference all policies as stated in the City of San Luis Obispo Advisory Body Handbook that are not in conflict with these bylaws. C5 - 75 7 City of San Luis Obispo Advisory Body Bylaws July 2013 Building Construction Board Of Appeals Bylaws MEMBERSHIP The Board consists of seven members. Members must be residents and registered voters of the City. Five of the seven members shall be qualified by experience and training to pass on matters pertaining to building construction and building service equipment, and who are not employees of the City. Two members of the Board shall be persons with a disability as defined in the 2007 California Building Code. ARTICLE 1. FUNCTIONS The Construction Board of Appeals is established as a forum for those seeking relief from the strict application of the provisions of the City’s adopted Uniform Code, as follows: A. To determine the suitability of alternate materials, methods of construction, and other specifications set out in the City’s adopted Uniform Codes. B. To interpret reasonably the provisions of the City’s adopted Uniform Codes. ARTICLE II. MEETINGS A. Meetings shall be on call of the Chief Building Official on at least three days public notice given in a form acceptable to the City Clerk. B. Meetings shall be held in the City Hall, 990 Palm Street, San Luis Obispo, California. C. 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 Council Chambers prior to the time herein designated for such meetings in accordance with law. ARTICLE III. OFFICERS A. Officers of the Board shall be a Chairperson and a Vice Chairperson. B. Offices shall be filled from appointed members by written ballot of the voting membership. C. Election of officers shall be held annually at the first meeting held after April 1. ARTICLE IV. 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 V. DUTIES OF VICE CHAIRPERSON The Vice Chairperson shall act as Chairperson during the temporary absence or disability of the Chairperson. C5 - 76 8 City of San Luis Obispo Advisory Body Bylaws July 2013 ARTICLE VI. DUTIES OF THE SECRETARY A. In the event the Chairperson and Vice Chairperson are absent, the Secretary shall call the meeting to order and the Board shall elect one of its members to act as Chairperson pro tempore. B. 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. C. The Secretary shall transmit copies of decisions and written findings to the City Council. D. Minutes will be submitted to the Board for approval at the next meeting. E. The Secretary shall prepare an agenda for each meeting. ARTICLE VII. 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. ARTICLE VIII. QUORUM A majority of the number of established Board members shall constitute a quorum for the transaction of business. ARTICLE IX. VOTING A. The vote on all motions making recommendation to the City Council shall 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 three affirmative votes shall result in failure or denial of the motion, resolution or other action. ARTICLE X. AGENDA In order for items and materials to be included on an agenda or to be acted upon by the committee, they must be submitted to the Secretary of the Board at least ten (10) days prior to the date on which said request will be considered by the Board. Such request must be made in writing setting forth the following: A. The applicable Code provision. B. The nature of the requested change or interpretation. C. The reasons for the change or interpretation. ARTICLE XI. REFERRAL TO CITY COUNCIL After the conclusion of the hearing on the request, all decisions and findings shall be made in writing to the City Council with a duplicate copy to the appellant. The Board may recommend such new legislation as may be necessary. C5 - 77 9 City of San Luis Obispo Advisory Body Bylaws July 2013 Cultural Heritage Committee Bylaws ARTICLE 1. PURPOSE 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 the provisions of the Advisory Body Handbook and with the provisions of City Resolution 6593 (1989 Series). ARTICLE 3. MEMBERSHIP A. The CHC will have seven members appointed by the City Council. Members must be residents and registered voters of the City. If possible, membership of the committee should include a person knowledgeable in local history, a person with training or experience in structural rehabilitation, a person knowledgeable on local archaeology, and a person with knowledge of architecture. B. If possible, the committee should include one resident from each of the five Historical Preservation Districts created but the Council is not limited to this district residency requirement when making appointments. ARTICLE 4. TERMS OF APPOINTMENT Members shall be appointed by the City Council for an initial term of a maximum of four years and may be reappointed for additional terms, not exceeding a total of eight years. ARTICLE 5. OFFICERS A. A Chairperson and Vice-Chairperson 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 over 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. C5 - 78 10 City of San Luis Obispo Advisory Body Bylaws July 2013 C. 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. Regular meetings shall be held at 5:30 p.m. on the fourth Monday of each month in the City Council Hearing Room, City Hall, 990 Palm Street, San Luis Obispo, California. B. A quorum shall consist of a majority of the established members. C. All action 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 a quorum majority of the committee may call a special meeting, provided that all public notice requirements are met. F. All committee meetings shall be conducted according to City practices, customs, and policies. Robert’s Rules of Order, Newly Revised, may be used as a guideline. 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 or participate in any related deliberations or action 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 12 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. C5 - 79 11 City of San Luis Obispo Advisory Body Bylaws July 2013 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 committee on the agenda of at least two meetings prior to the vote. The members shall receive the proposed amendments at least 10 days prior to the first meeting. C5 - 80 12 City of San Luis Obispo Advisory Body Bylaws July 2013 Human Relations Commission Bylaws ARTICLE 1. PURPOSE It is the purpose of the Human Relations Commission to advise the Council in its actions to create an environment within the City in which all persons can enjoy equal rights and opportunities regardless of race, religion, sex, sexual orientation, national origin, age, physical, mental or economic status. The Human Relations Commission shall make recommendations to the City Council or the City Manager on how these social concerns and human needs can best be addressed. ARTICLE 2. MEMBERSHIP AND TERMS OF OFFICE The HRC has seven members. Members must be residents and registered voters of the City. While there are no special qualifications for applicants, the Council usually seeks individuals with experience, or a demonstrated interest in community social issues. Commissioners shall be appointed by the City Council for terms of four (4) years, commencing on April 1st. Commissioners shall serve at the pleasure of the City Council. Any Commissioner may be reappointed, provided that no appointee shall serve more than two (2) consecutive terms (8 years). ARTICLE 3. MEETINGS A. The Commission shall hold a regular meeting each month but not less than ten (10) times a year. B. Regular meetings will be held generally on the first Wednesday of the month at a specified time and place. C. The Commission meetings shall be open to the public and shall be held at City Hall in the Council Hearing Room or other previously announced locations at specific times as required by California law. D. A quorum shall consist of a majority of the established Commissioners. E. All actions of the Commission shall be decided by a majority vote or consensus and shall be directed through the Commission Chair. F. Minutes of each meeting shall be forwarded to the City Council and be available as a public record. G. The Chairperson or any three members of the Commission may call a special meeting providing a week’s prior notice is given in writing to each member. C5 - 81 13 City of San Luis Obispo Advisory Body Bylaws July 2013 H. All Commission meetings shall be conducted according to Robert’s Rules of Order. I. All members present must vote, except when abstaining due to a declared conflict of interest. J. Any member with a declared conflict of interest shall not vote on or participate in any discussion of any item or in any manner attempt to influence the decision on that item. ARTICLE 4. SUBCOMMITTEES Subcommittees consisting of less than a quorum of the Commission shall be appointed, as needed, by the Chairperson. Study committees may include non-commission members who shall have no voting power. ARTICLE 5. OFFICERS A. The officers shall be a Chairperson and a Vice-Chairperson who shall be elected at the Commission meeting in April for one-year terms. B. The Chairperson shall preside over all meetings of the Commission, prepare all meeting agendas and perform such duties as directed by the Commission. C. The Vice-Chairperson shall serve in the absence or incapacity of the Chairperson. ARTICLE 6. WORKPLAN The Commission shall develop a workplan on an annual basis. The workplan shall be a description of the activities that will be undertaken in order to meet the goals and objectives of the Commission. ARTICLE 7. AMENDMENTS By law amendments shall be submitted for Council approval by an affirmative vote of the members present at a regular meeting of the Commission, 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 in writing at least ten (10) days prior to the first reading. C5 - 82 14 City of San Luis Obispo Advisory Body Bylaws July 2013 Jack House Committee Bylaws ARTICLE 1. PURPOSE The Jack House and Grounds were deeded to the City of San Luis Obispo on March 10, 1975. In accepting the deed the City agreed to appoint a committee of seven members to advise the Council on the House and Grounds. The Jack House Committee is charged with the responsibility to advise the City Council on matters concerning: Facility use, fees and charges, capital improvements, and any other item affecting the House and Grounds. ARTICLE 2. COMMITTEE MEMBERSHIP The grant deed requires that persons with special expertise fill four of the seven seats on the Jack House Committee: 1. A member of the San Luis Obispo County History Center. 2. One member of the faculty, current or retired, of California Polytechnic State University College of Architecture and Environmental Design, preferably an architectural historian. 3. One member of the faculty, current or retired, of California Polytechnic State University College of Agriculture, preferably a horticulturist. 4. A member of the San Luis Obispo Parks and Recreation Commission. The City Council has resolved that due to these special conditions and requirements, members may serve terms of undetermined length, the choice being left to individual committee members. The remaining committee membership shall be as follows: 1. A member at large (must reapply when 4 year term expires). 2. A member at large (must reapply when 4 year term expires). 3. A member at large (must reapply when 4 year term expires). Members are required to be residents and registered voters of the City. The docent chair shall serve as an ex-officio (non-voting) member and shall not count toward a quorum. ARTICLE 3. MEETINGS A. The Committee shall hold a regular meeting each month but not less than ten (10) times a year. B. Meetings will be held at 5:30 P.M. the second Wednesday of each month. C. The Committee meetings shall be open to the public and shall be held at the Parks and Recreation Department Office, the Jack House or any other previously announced locations at specific times as required by California law. D. A quorum shall consist of a majority of the Committee members currently serving. C5 - 83 15 City of San Luis Obispo Advisory Body Bylaws July 2013 E. All actions of the Committee shall be decided by a majority vote or consensus and shall be directed through the Committee Chair. F. Minutes of each meeting shall be forwarded to the City Council and be available as a public record. G. The Chairperson or any three members of the Committee may call a special meeting providing a week’s prior notice is given in writing to each member. H. All Committee meetings shall be conducted according to Robert’s Rules of Order. I. All members shall vote. Any member with a declared conflict of interest shall not vote on or participate in any discussion of any item or in any manner attempt to influence the decision on that item. ARTICLE 4. SUBCOMMITTEES Subcommittees consisting of less than a quorum of the Committee shall be appointed, as needed, by the Chairperson. Study committees may include non-committee members who shall have no voting power. ARTICLE 5. OFFICERS A. The officers shall be a Chairperson and a Vice-Chairperson who shall be elected at the Committee meeting in April for one-year terms. B. The Chairperson shall preside over all meetings of the Committee, assist in preparing all meeting agendas and perform such duties as directed by the Committee. C. The Vice-Chairperson shall serve in the absence or incapacity of the Chairperson. ARTICLE 6. STAFF The Director of Parks and Recreation or designate is the staff liaison to the Jack House Committee. The Director may designate such other staff as is necessary to provide support to the Committee. The Director of Public Works should designate a Public Works staff representative for both the house (building maintenance) and the garden (parks maintenance). The Committee shall receive notification if there are any changes to staff representation. ARTICLE 7. WORK PLAN The Committee shall develop a work plan on an annual basis. The work plan shall be a description of the activities that will be undertaken in order to meet the goals and objectives of the Committee. ARTICLE 8. AMENDMENTS Prior to May 1, in each odd number year, these by-laws shall be reviewed by the Committee. By-law 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 Committee on the agenda of at least two meetings prior to the C5 - 84 16 City of San Luis Obispo Advisory Body Bylaws July 2013 vote. The members shall receive the proposed amendments in writing at least ten (10) days prior to the first meeting. C5 - 85 17 City of San Luis Obispo Advisory Body Bylaws July 2013 Mass Transportation Committee Bylaws ARTICLE 1. PURPOSE The purpose of the Mass Transportation Committee is to advise City staff and the City Council on all matters related to public transportation in San Luis Obispo (buses, trolley, and taxi). ARTICLE 2. COMMITTEE MEMBERSHIP The Committee has seven voting members, consisting of one Cal Poly employee designated by Cal Poly and one Cal Poly student representative designated by Associated Students, Inc. (ASI); one person 62 years of age or older; one person from the business community; one person with technical transportation planning experience; one person with a disability; one member-at- large. In addition, when possible, two alternate members selected from the general public will be appointed. The Cal Poly and technical planning representatives are exempt from the residency requirements. All other members must be residents and registered voters of the City. ARTICLE 3. TERMS OF OFFICE Committee members will be appointed by the City Council to staggered terms of four years. Committee members will serve at the pleasure of the City Council. Any Committee member may be reappointed, providing no appointee serves more than two consecutive terms (8 years). A member who has served 8 years can be reappointed after a one year absence from the Committee. ARTICLE 4. MEETINGS A. The Committee will hold a regular meeting at least quarterly. B. The Committee will approve an annual regular meeting schedule by June of each year. C. The Committee meetings will be open to the public and held at the Council Hearing Room City Hall, or other previously announced locations. D. A quorum will consist of a majority of the established Committee members. E. All actions of the Committee will be decided by a majority vote or consensus and will be directed through the committee chair. F. Minutes of each meeting will be available as a public record in the Public Works Department. G. The Chairperson or any four members of the Committee may call a special meeting, provided that a week’s prior notice is given in writing to each member. C5 - 86 18 City of San Luis Obispo Advisory Body Bylaws July 2013 H. All Committee meetings will be conducted in accordance with City practices, customs, and policies. Roberts Rules of Order, Newly Revised, may be used as a guideline. I. All members present must vote, except when abstaining due to a declared conflict of interest. A failure or refusal to vote when present (except for a declared conflict of interest) will be construed as an affirmative vote. J. Any member with a declared conflict of interest will not vote or participate in any discussion of any item or in any manner attempt to influence the decision on that item. K. If, or when a voting member of the MTC is absent from an MTC meeting, one of the Alternate members shall take the place of the voting member in order to maintain as many voting members as possible. If only one voting member of the MTC is absent, choice between the two alternates will be decided by a fair game of chance such as a coin flip or role of the die performed by the Chairperson of the MTC. ARTICLE 5. SUBCOMMITTEES Subcommittees consisting of less than a quorum of the Committee can be appointed as needed by the Chairperson. ARTICLE 6. OFFICERS A. The officers will consist of a Chairperson and Vice-Chairperson who will be elected at the Committee meeting in April or May for one year terms that commence the first meeting of the next fiscal year.. B. The Chairperson will preside over all meetings of the Committee, prepare (with the assistance of staff) all meeting agendas and perform such duties as directed by the Committee. C. The Vice-Chairperson will serve in the absence or incapacity of the Chairperson. ARTICLE 7. POLICIES The Committee adopts policies as stated in the City of San Luis Obispo Advisory Body Handbook, incorporated herein by reference. C5 - 87 19 City of San Luis Obispo Advisory Body Bylaws July 2013 Parks & Recreation Commission Bylaws ARTICLE 1. PURPOSE The Parks & Recreation Commission is a body of citizens appointed to advise the City's Parks & Recreation Department and the City Council on the development and operation of recreation programs and parks, and on the implementation of the Parks and Recreation Element of the City's General Plan. It also provides recommendations to the City Council and San Luis Obispo Coastal Unified School District Board of Trustees regarding those facilities which have been mutually designated as joint use facilities; and for the operation of recreational facilities, priority for use of the facilities, and development of new recreation facilities at Sinsheimer Park. ARTICLE 2. MEMBERSHIP A. The Parks and Recreation Commission shall consist of seven members. B. Members are appointed by the City Council for a term of four years. Members are eligible for reappointment for an additional four-year-term. Members are subject to a term limit of consecutive eight years. ARTICLE 3. MEETINGS A. Regular meetings of the Parks & Recreation Commission shall be held on the first Wednesday of each month at 5:30p.m., except during the annual tour of the City's parks and facilities. B. Meetings will be held in the City Council Chambers, 990 Palm Street. In the event that the Parks & Recreation Commission chooses to hold all or any portion of a regular meeting other than at City Hall, then the place of such meeting shall be posted at least 72 hours in advance at the Parks & Recreation Department office, 1341 Nipomo and on the bulletin board located at the entrance to the City Council Chambers prior to the established meeting time. ARTICLE IV ELECTION OF OFFICERS A. In April of each year, the Parks & Recreation Commission shall select a Chair and Vice Chair from among its members to serve a one-year term. B. Commissioners shall serve as Chair or Vice Chair at the discretion of the Commission. C. The Chair shall preside at all meetings of the Parks & Recreation Commission. The Vice Chair will act as the Chair in the absence of the Chair or in case of the inability of the Chair to act. C5 - 88 20 City of San Luis Obispo Advisory Body Bylaws July 2013 D. In the event that the Chair and Vice Chair are unavailable to attend to their duties, the assembled members shall determine a Temporary Chair. E. No person shall serve as Chair or Vice Chair for more than three consecutive terms. ARTICLE V. CONDUCT OF MEETINGS All meetings will be conducted in accordance with City practices, customs, and policies. Robert's Rules of Order, Newly Revised shall be utilized as a guide in the conduct of meetings. ARTICLE VI. QUORUM Four members of the Parks & Recreation Commission shall constitute a quorum for the purposes of conducting business. ARTICLE VII. VOTING A. Except as otherwise provided in the San Luis Obispo Municipal Code and state law, no resolution, motion or other action shall be passed or become effective without receiving the affirmative vote of at least a majority of the members present. B. Failure to receive such an affirmative vote shall result in failure or denial, as appropriate, of the motion, resolution or other action. C. Except as allowed under the Political Reform Act of 1974, as amended, 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 abstaining due to a declared conflict of interest. F. Failure or refusal to vote when present - except for a declared conflict of interest - shall be counted as an affirmative vote. ARTICLE VIIL PUBLIC RECORDS Records of all public hearings shall be made available to the public in the offices of the Parks & Recreation Department. ARTICLE IX. ATTENDANCE Any member of the Parks & Recreation Commission who fails, for any reason, to attend three (3) consecutive regular meetings or a total of six (6) regular meetings within any 12 month period shall be automatically considered for replacement by the City Council. The Chairperson of the Parks & Recreation Commission shall inform the Council of such a situation, explaining any special circumstances. C5 - 89 21 City of San Luis Obispo Advisory Body Bylaws July 2013 ARTICLE X. COMMITTEES A. A member of the Parks & Recreation Commission shall represent the Commission and sit as a voting member on the following City advisory bodies: Jack House Committee and Tree Committee. B. Additional committee assignments shall be made as deemed necessary by the Chair. C. Committee assignments will be made in April of each year. ARTICLE 11 AMENDMENTS A. These bylaws may be recommended for amendment by the majority vote of the Commission members present at a regular meeting, provided that a quorum is present. Members shall receive the proposed amendments at least seven (7) days prior to the meeting in which the amendment is proposed. B. Prior to May 1 in each odd-numbered year, these bylaws shall be reviewed by the Commission. Any proposed changes shall be submitted to the City Council for approval. If no changes are proposed, a report of the review shall be submitted. C5 - 90 22 City of San Luis Obispo Advisory Body Bylaws July 2013 Personnel Board Bylaws ARTICLE 1. PURPOSE It is the purpose of the Personnel Board to hear employee appeals from disciplinary action, to review employee grievances, and to hear issues of Council censure. The Board shall then make advisory recommendations to the City Council. The Personnel Board shall also perform other duties pertaining to personnel management as directed by the City Council. ARTICLE 2. MEMBERSHIP AND TERMS OF OFFICE Five (5) members of the Personnel Board shall be appointed by the City Council and shall serve for terms of four (4) years. Members must be residents and registered voters of the City. A. Appointments will be made in a staggered every other year pattern, such that two (2) members’ terms will expire during a given year and the terms of the other three (3) members will expire two (2) years later. B. Any vacancies on the Personnel Board shall be filled for the unexpired term of the person replaced. C. Members shall be appointed for no more than two (2) consecutive terms (8 years). ARTICLE 3. OFFICERS The officers shall be a Chairperson and a Vice-Chairperson who shall be elected at the first meeting of alternate calendar years to serve two-year terms. A. The Chairperson shall preside over all meetings of the Personnel Board, subpoena witnesses and require the production of books, papers and any other materials pertinent to the investigation or hearing. B. The Vice-Chairperson shall serve in the absence of the Chairperson. C. The Director of Human Resources or his or her designee shall serve as recording secretary, keeping record of all meetings, and shall issue all necessary notices, copies of agendas, minutes and copies of necessary documents. ARTICLE 4. MEETINGS A. The Personnel Board shall meet as needed. B. Three (3) members of the Board shall constitute a quorum for the transaction of business. However, for the purpose of a hearing on appeal of a disciplinary action, no Board member may vote on a decision if absent from part of a hearing, unless such C5 - 91 23 City of San Luis Obispo Advisory Body Bylaws July 2013 member certifies that he/she listened to a recording of or read the transcript of the missed portion of the hearing. C. Pursuant to Personnel Exception of the Brown Act (Government Code Section 54957), a meeting may be closed to the public at the request of any appellant when the pending issue deals with a particular employee. D. The Chairperson or the legal advisor to the Board shall administer oaths to all witnesses appearing before the Board. Any regular officer or employee of the City who fails to take the oath or fails to testify truthfully under oath at a hearing shall be subject to disciplinary action. E. All grievance and disciplinary appeal hearings shall be recorded. F. At the request of the appellant, a court reporter shall be used. The cost of the court reporter shall be paid as agreed upon by both sides. G. All actions of the Board shall be decided by majority vote, and shall be directed through the Board Chairperson. H. The Board may meet with its legal advisor, as needed and outside the presence of any other persons, to receive opinions and advice. I. The Board may direct the parties to submit hearing briefs outlining the facts and arguments to be presented prior to any hearing. The Chairperson shall establish a schedule for submission of the hearing briefs. ARTICLE 5. AMENDMENTS At such time as these by-laws need to be amended, the Director of Human Resources shall meet and determine an appropriate procedure for making such amendment(s). C5 - 92 24 City of San Luis Obispo Advisory Body Bylaws July 2013 Planning Commission Bylaws MEMBERSHIP The Planning Commission has seven members who are not necessarily planning professionals. Members must be residents and registered voters of the City. No special training is required for appointment. Members occasionally may be requested to attend seminars and workshops to enhance skills in planning. ARTICLE 1. MEETINGS A. Regular meetings shall be held at 6:00 p.m. on the second and fourth Wednesday of each month. B. No agenda item shall be introduced after 11:00 p.m. without the consent of a majority of commissioners present. C. Regular meetings shall be held in the City Council Chambers, City Hall, 990 Palm Street, San Luis Obispo, California. D. In the event the Planning 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 the bulletin board located at the entrance to City Council Chambers prior to the time herein designated for such regular meetings in accordance with law. ARTICLE 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 the first meeting in April 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. D. No person shall serve as Chairperson or Vice-Chairperson for more than two consecutive terms. ARTICLE 3. CONDUCT OF MEETINGS A. Commissioners should address questions through the Chairperson. C5 - 93 25 City of San Luis Obispo Advisory Body Bylaws July 2013 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 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 precisely submitted to the Planning 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. 5. The applicant shall have the opportunity at the end of the public hearing to address comments made by the public and address any further commission questions. 6. 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 of the majority of those members present. 7. The commission, upon formal motion, shall take action to dispose of the proposal. The Chairperson shall announce the vote and thereafter, inform the applicant and public of the right of appeal and procedures for filing such appeal. ARTICLE 4. QUORUM Four members of the Planning Commission constitute a quorum for transacting business. ARTICLE 5. VOTING A. Except as otherwise provided in the San Luis Obispo Municipal Code and state law, no resolution, 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, resolution or other action. C5 - 94 26 City of San Luis Obispo Advisory Body Bylaws July 2013 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 abstaining due to a declared conflict of interest. E. Failure or refusal to vote when present - except for a declared conflict of interest – shall be counted as an affirmative vote. ARTICLE 6. PUBLIC RECORDS Records of all public hearings shall be made available to the public in the office of the Community Development Department. ARTICLE 7. ATTENDANCE A. Any member of the Planning Commission who fails, for any reason, to attend three (3) consecutive regular meetings, or a total of six (6) regular meetings within any 12-month period, shall be automatically considered by the City Council for replacement. The chairperson of the Planning Commission shall inform the Council of such a situation, explaining any special circumstances. B. Any member of the Planning 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 of six (6) such commission meetings within any 12-month period, shall be reviewed by the Chairperson for possible referral to the City Council. ARTICLE 8. POLICY All matters of policy not covered by law may be adopted as a “Resolution of Policy” and when so adopted shall be considered the official policy of the Planning Commission subject to ratification of the City Council. C5 - 95 27 City of San Luis Obispo Advisory Body Bylaws July 2013 Promotional Coordinating Committee Bylaws ARTICLE 1 PURPOSE The Promotional Coordinating Committee (PCC) advises the Council in working to improve the quality of life for all City residents and our visitors. The committee recommends projects to help promote the City as a regional trade, recreation, and tourist center, consistent with community goals. ARTICLE 2 MEMBERSHIP The PCC shall consist of seven (7) members appointed by the Council. Six of the members shall be residents of the City of San Luis Obispo. The seventh member shall be the chair of the Tourism Improvement District (TBID) Board as appointed by the TBID Board. Committee members shall be appointed for a term of four (4) years, commencing on April 1st or other date as directed by the Council. No committee member shall serve more than two (2) consecutive terms (eight years) on the PCC. Any committee member who has been appointed to fill a vacant seat in mid-term shall not be precluded from thereafter serving two (2) four-year terms (eight years), so long as the initial, partial term is less than one (1) year. The representative from the TBID Board shall serve a term concurrent with his/her term as the chairperson of the TBID Board. ARTICLE 3 OFFICERS The officers shall be a Chairperson and a Vice Chairperson, each of whom shall be elected for a one-year term at the March meeting of the PCC for the term starting in April. No committee member shall serve more than two (2) consecutive one-year terms as Chairperson or Vice Chairperson. Any committee member who has been appointed to fill a vacant seat as Chairperson or Vice Chairperson in mid-term shall not be precluded from thereafter serving as Chairperson or Vice Chairperson for two (2) consecutive one-year terms, so long as the initial, partial term is less than six (6) months. The Chairperson shall preside over all meetings of the PCC, prepare all meeting agendas with staff, and otherwise perform such duties as directed by the PCC or Council. The Vice Chairperson shall serve in the absence or incapacity of the Chairperson. ARTICLE 4 MEETINGS A. The PCC shall hold a regular meeting each month, but not less than ten (10) times per year. C5 - 96 28 City of San Luis Obispo Advisory Body Bylaws July 2013 B. The meetings are to be held at City Hall, the second Wednesday of each month, unless another location and/or time has been announced as required by California law. C. The meetings shall be open to the public. D. A quorum shall consist of a majority of the commissioners currently serving on the PCC. E. All actions of the PCC shall be by a majority vote or consensus and shall be directed through the Chairperson. F. Minutes of each meeting shall be taken and forwarded to the Council and shall be - available as a public record. G. A special meeting may be called at any time by the Chairperson or by a majority of the committee members currently serving on the PCC, provided each member is given written notice of the special meeting at least 24 hours prior to the meeting, and the time and place of the special meeting is announced as required by California Law. H. All meetings shall be conducted in general accordance with Robert’s Rules of Order, newly revised edition, subject to minor variation by the Chair as appropriate to the needs of the advisory body. I. All committee members present at a meeting shall vote on any motion or resolution brought before the PCC, except when abstaining due to a conflict of interest. J. Any committee member with a conflict of interest shall not vote on or participate in any discussion of an item or in any way attempt to influence the decision on such item. K. Any member who fails to attend three (3) regular meetings within any twelve-month period may be automatically considered for replacement at the discretion of the committee. ARTICLE 5 SUBCOMMITTEES Subcommittees shall be appointed, as needed, by the Chairperson. Standing subcommittees are the Grants-in-Aid and Events Promotion subcommittees. The subcommittee members will serve for a two (2) year term. After two years they will automatically rotate to the other standing subcommittee. ARTICLE 6 FUNCTIONS AND DUTIES The functions and duties of the PCC shall include, but not be limited to, the following: A. Planning a comprehensive program to promote the City of San Luis Obispo and prepare an annual marketing program consistent with City goals and objectives. C5 - 97 29 City of San Luis Obispo Advisory Body Bylaws July 2013 B. Develop promotional programs and projects for the City of San Luis Obispo. C. Hear requests for financial aid from cultural and promotional groups seeking grants from the City of San Luis Obispo and make recommendations to the Council thereon. D. Present an annual assessment report to the City Council regarding the Promotional Coordinating Committee’s Grants-in-Aid program and other programs as appropriate. E. Initiate and support community activities that are meaningful to residents and visitors of the City of San Luis Obispo. F. Provide a liaison to Grant-In-Aid recipients who work to promote the quality of life for residents and visitors of the City of San Luis Obispo. G. Perform any other lawful tasks as directed by the Council. ARTICLE 7 AMENDMENTS These bylaws may be amended by the Council, upon the recommendations of two-thirds of the committee members currently serving on the PCC, provided that the text of any such proposed amendment shall have first been provided in writing to each committee member. C5 - 98 30 City of San Luis Obispo Advisory Body Bylaws July 2013 Tourism Business Improvement District Board Bylaws ARTICLE 1 PURPOSE The Tourism Business Improvement District Board (TBID Board) advises the Council in the administration and use of the TBID assessment funds. The Board recommends projects to promote tourism to the City of San Luis Obispo to directly benefit the City’s lodging industry. ARTICLE 2 MEMBERSHIP The TBID BOARD shall consist of five (5) members from the San Luis Obispo City lodging industry as appointed by the Council. Because of the diversity among assessment district members represented by the Board, including local, regional and national lodging industry interests, it is neither practical nor advisable to limit Board membership to City residents. Accordingly, membership on the TBID Board shall be exempt from residency requirements otherwise applicable to City Advisory bodies. Board members shall be appointed for a term of four (4) years, commencing on April 1st or any other date as directed by the Council. No Board member shall serve more than two (2) consecutive terms (eight years) on the TBID Board. Any Board member who has been appointed to fill a vacant seat in mid-term shall not be precluded from thereafter serving two (2) four-year terms (eight years), so long as the initial, partial term is less than one (1) year. One member of the TBID Board shall be appointed by the Board to the Promotional Coordinating Committee for a term concurrent with his/her TBID Board term. ARTICLE 3 OFFICERS The officers shall be a Chairperson and a Vice Chairperson, each of whom shall be elected for a one-year term at the April meeting of the TBID Board. No Board member shall serve more than two (2) consecutive one-year terms as Chairperson or Vice Chairperson. Any Board member who has been appointed to fill a vacant seat as Chairperson or Vice Chairperson in mid-term shall not be precluded from thereafter serving as Chairperson or Vice Chairperson for two (2) consecutive one-year terms, so long as the initial, partial term is less than six (6) months. The Chairperson shall preside over all meetings of the TBID Board, prepare all meeting agendas with staff, and otherwise perform such duties as directed by the TBID Board or Council. The Vice Chairperson shall serve in the absence or incapacity of the Chairperson. ARTICLE 4 MEETINGS C5 - 99 31 City of San Luis Obispo Advisory Body Bylaws July 2013 A. The TBID BOARD shall hold a regular meeting each month and no less than ten (10) times per year. B. The meetings are to be held at City Hall, the second Wednesday of each month, unless another location and/or time has been announced as required by California law. C. The meetings shall be open to the public. D. A quorum shall consist of a majority of the commissioners currently serving on the TBID BOARD. E. All actions of the TBID BOARD shall be by a majority vote or consensus and shall be directed through the Chairperson. F. Minutes of each meeting shall be taken, shall be available as a public record and forwarded to the Council if requested. G. A special meeting may be called at any time by the Chairperson or by a majority of the Board members currently serving on the TBID BOARD, provided each member is given written notice of the special meeting at least 24 hours prior to the meeting, and the time and place of the special meeting is announced as required by California Law. H. All meetings shall be conducted in general accordance with Robert’s Rule of Order, newly revised edition, subject to minor variation by the Chair as appropriate to the needs of the advisory body. I. All Board members present at a meeting shall vote on any motion or resolution brought before the TBID BOARD, except when abstaining due to a conflict of interest. J. Any Board member with a conflict of interest shall not vote on or participate in any discussion of an item or in any way attempt to influence the decision on such item. K. Any failure to attend three (3) consecutive meetings or a total of six (6) regular meetings within any twelve-month period, that member shall automatically be considered for replacement. ARTICLE 5 FUNCTIONS AND DUTIES The functions and duties of the TBID BOARD shall include, but not be limited to, the following: A. Planning a comprehensive program to promote tourism to the City of San Luis Obispo and prepare an annual marketing program consistent with industry goals and objectives. C5 - 100 32 City of San Luis Obispo Advisory Body Bylaws July 2013 B. Develop advertising and promotional programs and projects to benefit the lodging industry in San Luis Obispo. C. Present an annual assessment report to the City Council regarding the implemented promotional programs and projects. D. Perform any other lawful tasks as directed by the Council. ARTICLE 6 AMENDMENTS These bylaws may be amended by the Council, upon the recommendations of two-thirds of the members currently serving on the TBID BOARD, provided that the text of any such proposed amendment shall have first been provided in writing to each Board member. ARTICLE 7 FUND RESERVE POLICY The purpose of the Fund Reserve policy for the TBID is to ensure stability of the program under economic uncertainties. For the TBID Fund the level of the reserve has been established at $100,000. Under this policy, it is allowable for total expenditures to exceed revenues in a given year; however, the fund reserve can only be used to fund “one-time,” non-recurring expenditures upon TBID Board approval. In the instance funds are used, the reserve fund would be replenished to the established level in the next fiscal year. C5 - 101 33 City of San Luis Obispo Advisory Body Bylaws July 2013 Tree Committee Bylaws ARTICLE 1. PURPOSE The purpose of the Tree Committee is to advise City staff and the City Council on all matters related to trees in San Luis Obispo. ARTICLE 2. COMMITTEE MEMBERSHIP The Tree Committee shall have seven members and shall consist of one (1) representative from the Parks and Recreation Commission, one (1) representative from the Architectural Review Commission, and five (5) members from the general public (one of whom shall be a horticultural expert). Members must be residents and registered voters of the City. ARTICLE 3. TERMS OF OFFICE Committee members will be appointed by the City Council to staggered terms of four years, commencing April 1. Committee members will serve at the pleasure of the City Council. Any Committee member may be reappointed, provided no appointee serves more than two consecutive terms (8 years). ARTICLE 4. MEETINGS A. The Committee will hold a regular meeting each month. B. Regular meetings will be held at 5:00 pm the fourth Monday of each month. C. The Committee meetings will be duly advertised according to the Ralph M. Brown Act, and open to the public and held at the City’s Corporation Yard, located at 25 Prado Road in Conference Room A, or other previously announced locations at specific times as required by California law. D. A quorum will consist of a majority of the established Committee members. E. All actions of the Committee will be decided by a majority vote or consensus and will be directed through the Committee Chair. F. Minutes of each meeting will be available as a public record in the Public Works Department. G. The Chairperson or any three members of the Committee may call a special meeting provided that a week’s prior notice is given in writing to each member and the meeting is otherwise properly noticed pursuant to the Brown Act. C5 - 102 34 City of San Luis Obispo Advisory Body Bylaws July 2013 H. All Committee meetings will be conducted in accordance with City Practices, customs, and policies. Roberts Rules of Order, Newly Revised, shall be utilized as a guide in the conduct of meetings. I. All members present must vote, except when abstaining due to a declared conflict of interest. A failure or refusal to vote when present (except for a declared conflict of interest) will be construed as an affirmative vote. J. Any member with a declared conflict of interest will not vote or participate in any discussion of any item or in any manner attempt to influence the decision on that item. ARTICLE 5. SUBCOMMITTEES Subcommittees consisting of less than a quorum of the Committee can be appointed as needed by the Chairperson. ARTICLE 6. OFFICERS A. The officers will consist of a Chairperson and Vice-Chairperson who will be elected at the Committee meeting in April for one year terms. B. The Chairperson will preside over all meetings of the Committee, prepare (with the assistance of staff) all meeting agendas and perform such duties as directed by the Committee. C. The Vice-Chairperson will serve in the absence or incapacity of the Chairperson. ARTICLE 7. POLICIES The Committee adopts policies as stated in the City of San Luis Obispo Advisory Body Handbook, incorporated herein by reference. T:\Council Agenda Reports\2013\2013-07-16\Reso Adopting Amended bylaws for City Advisory Bodies (Codron-Kennedy Grimes)\2013 AB By- laws.doc C5 - 103 Page intentionally left blank. C5 - 104 counctl memoRânò cúy of sân Lurs onrspo, ottrce of the cffiy clenk DATE:July 15, 2013 Mayor Marx and Members of the City CouncilTO AGENDAC ONDENCE Þate ltem# c{ _ FROM:Maeve Kennedy Grimes, City Clerk SUBJECT:Modifications to Council Agenda Report for C5, July 16, 2013 Biennial Review of Advisory Body Bylaws Upon further review by staff, there are a few additional revisions to Bylaws which I would like to include in the recommendation for C5 on the July 16, 2013 Agenda. Jack House Committee (JHC) JUL I 5 2013 CÏI./ CLËË.K ECËiVED Clarification of residency requirement: Pages C5-2, C5-46 and C5-83 ARTICLE 2. COMMITTEE MEMBERSHIP The grant deed requires that persons with special expertise fill four of the seven seats on the Jack House Committee', Tlrc eity eeurìeil has i 1. A member of the San Luis Obispo County History Center. 2. One member of the faculty, current or retired, of California Polytechnic State University College of Architecture and Environmental Design, preferably an architectural historian. 3. One member of the faculty, current or retired, of Califomia Polytechnic State University College of Agriculture, preferably a horticulturist. 4. A member of the San Luis Obispo Parks and Recreation Commission. voters of the Citv of San Luis Obispo, the choice beine left to individual commiltee members. The remainins committee membership shall be øs follows:1. + A member atlarge (must reapply when 4 vear term expires). 2. 6. A member atlarge (must reapply when 4 veør term expires). 3. + A member at large (must reapply when 4 veør term expires). Members at larse are required to be residents and registered voters of the City. The docent chair shall serve as an ex-ofhcio (non-voting) member and shall not count toward a quorum. City Clerk Council Memorandum for July 15, 2013 C-5 Page 2 Parks and Recreation Commission (PRC) ARTICLE 3. MEETINGS A. Clarification of meetings: Pages C5-3, C5-48 and C5-88 Promotional Coordinating Committee (PCC) Correction to TBID name: Page C5-4 and C5-96 ARTICLE 2. MEMBERSHIP The PCC shall consist of seven (7) members appointed by the Council. Six of the members shall be residenþ of the City of San Luis Obispo. The seventh member shall be the chair of the Tourism Business Improvement District (TBID) Board as appointed by the TBID Board. Committee members shall be appointed for a term of four (4) years, commencing on April l't or other date as directed by the Council. No committee member shall serve more than two (2) consecutive terms (eight years) on the PCC. Any committee member who has been appointed to fill a vacant seat in mid-term shall not be precluded from thereafter serving two (2) four-year terms (eight years), so long as the initial, pafüal term is less than one (l) year. The representative from the TBID Board shall serve a term concurrent with his/her term as the chairperson of the TBID Board.