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HomeMy WebLinkAbout06/21/2011, C5 - BIENNIAL REVIEW OF ADVISORY BODY BYLAWS council. �°�z,_,, j agcnaa REpont CITY OF SAN LUIS O B I S P O FROM: Elaina Cano, City Clerk 10l4a-+-�- J. Christine Dietrick, City Attorney SUBJECT: BIENNIAL REVIEW OF ADVISORY BODY BYLAWS RECOMMENDATION Adopt a resolution amending various City advisory body bylaws incorporating amendments recommended by the respective advisory body, as well as by staff. 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 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. If no amendments are proposed, Council is to be provided with a report to that effect. The last biennial review was conducted in 2009. Exceptions to this Review Although the Council has appointing authority over the Housing Authority(HA), it does not have jurisdiction over its Bylaws. No further review or revisions of the Bylaws for the HA are required. Revised Bylaws Suggested revisions to the Bylaws of each advisory body are presented below. Additions are shown in bold italics and deletions are indicated by stFikeet,4 text. Section and subsection numbers and letters refer to which specific section or subsection of a particular set of bylaws is being recommended for revision, therefore you will find the numbering in this report is not sequential. Architectural Review Commission(ARC) The ARC did not recommend any changes. C5-1 Council Agenda Report—Biennial Review of Advisory Body Bylaws Page 2 Bicycle Advisory Committee (BAC) The BAC did not recommend any changes. Building Construction Board of Appeals(BOA) The BOA did not recommend any changes. Cultural Heritage Committee(CHC) The CHC recommended the following amendment: ARTICLE 6. MEETINGS E. The Chairperson or my thme members quorum majority of the committee may call a special meeting,provided that all public notice requirements are met. Human Relations Commission (HRC) The HRC recommended the following amendment: 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 Admiais#afive 0 City Manager on how these social concerns and human needs can best be addressed. Jack House Committee(JHC) The JHC recommended the following amendments: ARTICLE 3. MEETINGS D. A quorum shall consist of a majority of the established Committee members currently serving. H. All Committee meetings shall be conducted according to City pmetiees, etffiteffis, and . Robert's Rules of Order; Newly ReNisea y be • s as a guideliRa• C5-2 1 Council Agenda Report—Biennial Review of Advisory Body Bylaws �f Page 3 Joint Use of Recreational Facilities Committee(JUC) The JUC recommended the following amendments: TITLE Change the name of the committee from the Advisory Committee on Joint Use of Recreation Facilities to the Advisory Committee on Shared Use of Recreation Facilities L PURPOSE The Advisory Committee on Joint Shared Use of Recreational Facilities [The Committee] provides recommendations to the City Council of the City of San Luis Obispo and the San Luis Coastal Unified School District Board of Trustees regarding those facilities that have been mutually designated as Joint Use Facilities; and for the operation of the recreational facilities, priority for use of the facilities, and development of new recreational facilities in Sinsheimer Park. The Committee provides recommendations to the City Council on Joint Use Agreements between the City, County and other appropriate agencies for the Joint Shared Use of Facilities. The Committee provides recommendations for the expenditure of those funds designated by the City Council for the improvement ofd shared use recreational facilities. IL STAFF The Committee is staffed by , the Recreation Supervisor and a minute taker designated by the Department Managef, and the pffijks V. MEETINGS Unless otherwise designated, regular meetings of the committee shall be held monthly on the fourth (4th) Tuesday of each month at five thirty (5:30 p.m) at the Ludwick Community Center and shall be open to the public. Mass Transportation Committee(MTC) The MTC did not recommend any changes; however, staff recommends the following amendment: 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 senior citizen (62 years of age or older); one person from the business community; one C5-3 Council Agenda Report—Biennial Review of Advisory Body Bylaws Page 4 person with technical transportation planning experience; one disabled person; one member-at- large,and onestudent. Parks and Recreation Commission (PRC) The PRC did not recommend any changes. Personnel Board (PB) The PB did not recommend any changes;however, staff recommends the following amendment: ARTICLE 3. OFFICERS a. 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. Planning Commission (PC) The PC recommended the following amendment: U. Election of Officers A. The Commission shall select a Chairperson and Vice-Chairperson from among its members to serve one year term beginning the first meeting in April 44 of each year. Promotional Coordinating Committee(PCC) The PCC recommended the following amendments: ARTICLE 2—MEMBERSHIP The PCC shall consist of seven('n members appointed by the Council. Six of the members shall be resident of the City of San Luis Obispo. The seventh member shall be the chair of the Tourism Improvement District Board(TBID)as deteffaiaed appointed by the TBID Board. The representative from the TBID Board shall serve a term concurrent with his/her term as the chairperson of en the TBID Board. Tourism Business Improvement District Board (TBID) The TBID recommended the following amendments: ARTICLE 3 —OFFICERS C5-4 �J Council Agenda Report—Biennial Review of Advisory Body Bylaws Page 5 The immediate Past Chairperson shall automatically serve as the lice Chairperson in order to give support to the incoming Chairperson and guarantee continuity and stability for the board proceedings during the absence of the Chairperson. Tree Committee (TC) The TC did not recommend any changes. 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 Bylaws. ATTACHMENT Resolution Amending Bylaws T:\Council Agenda Reports\City Clerk CAR\06-21-11 AB Bylaw Review.doc C5-5 RESOLUTION NO.IXXXX(2011 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE BY LAWS OF CERTAIN OF ITS ADVISORY BODIES 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 proposed bylaws to aid them in conducting their meetings fairly, smoothly, efficiently and in accordance with law; and WHEREAS, pursuant to Charter section 1204 and the Advisory Body Handbook, last adopted by the City Council in November 2008, the City Council biennially, following recommendations from its advisory bodies, is to review any proposed recommended changes to the bylaws of the advisory bodies and then adopt them; 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,at its regular meeting of June 21, 2011, the City Council reviewed proposed changes to advisory body bylaws as recommended by its advisory bodies and staff. 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 as Exhibit A. The bylaws of these advisory bodies are amended by this action: Cultural Heritage Committee Human Relations Commission Jack House Committee Joint Use of Recreational Facilities Committee Mass Transportation Committee Personnel Board Planning Commission Promotional Coordinating Committee Tourism Business Improvement District Upon motion of seconded by and on the following vote: AYES: NOES: ABSENT: R#### C5-6 ATTACHMENT Resolution Number XXXXX(2011 Series) Page 2 The foregoing resolution was adopted this 21 st day of June 2011. Mayor Jan Marx ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: l stine Dietrick City Attorney C5-7 ATTACHMI J EXHIBIT t1- Cultural Heritage Committee Bylaws Amended by Resolution No. x-(2009 2011 Series) 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. C5-8 ATTACO1MENT CHC Bylaws, June 208911 EXHIBIT {� Page 2 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. 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 any thFee FnembeFra quorum maioritY 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. C5-9 ATTACKVIENT EXHIBIT A CHC Bylaws, June 2009 Page 3 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. Updated 2RQ4992011 C5-10 ATTAC'_MEIVT EXHIBIT A BYLAWS HUMAN RELATIONS COMMISSION CITY OF SAN LUIS OBISPO 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 Adff&iis#afiw Offlee 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 1 st. 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 tends (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. G:1304 City Advisory BodieskBylaws-20111Leg Draft\MC Bylaws 2011 Update.doc Revised 4/2011 C5-11 ATTACH!-'NT EXHIBIT A 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. G:\304 City Advisory Bodies\Bylaws-201 l\Leg DraftUIRC Bylaws 2011 Update.doc Revised 4/2011 C5-12 ATTAG..,+f1ENT EXHIBIT A BY-LAWS JACK HOUSE COMMITTEE CITY OF SAN LUIS OBISPO Amended by Resolution No.100%(2011 Series) 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. 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. 5. A member at large(must reapply when term expires). 6. A member at large(must reapply when term expires). 7. A member at large(must reapply when 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 established Committee members currently serving. E. All actions of the Committee shall be decided by a majority vote or consensus and shall be directed through the Committee Chair. C5-13 ATTACHII'_'4T EXHIBIT A 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 Ci-pfeetiees, . Robert's Rules of Order;Ne Ay Renis , Hmy be • sea as guideline. 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. Public Works staff shall give assistance to the Committee on a regular basis. 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& 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 vote. The members shall receive the proposed amendments in writing at least ten(10)days prior to the first meeting. C5-14 ATTACK, _-,'.IT EXHIBIT fE- RESTATED BYLAWS OF THE ADVISORY CONMUTTEE ON SHARED jOINT USE OF RECREATIONAL FACILITIES I. PURPOSE The Advisory Committee on Shared Joint Use of Recreational Facilities[The Committee] provides recommendations to the City Council of the City of San Luis Obispo and the San Luis Coastal Unified School District Board of Trustees regarding those facilities that have been mutually designated as Joint Use Facilities; and for the operation of the recreational facilities, priority for use of the facilities,and development of new recreational facilities in Sinsheimer Park. The Committee provides recommendations to the City Council on Joint Use Agreements between the City, County and other appropriate agencies for the Shared Jew Use of Facilities. The Committee provides recommendations for the expenditure of those fonds designated by the City Council for the improvement of shared joint use recreational facilities. 11. STAFF The Committee is staffed by , the Recreation Supervisor and a minute taker designated by the Department MwWer; ande A staff member from the San Luis Coastal Unified School District shall serve as a liaison to the Committee. M. MEMBERSHIP Membership in the committee consists of seven five(7)members appointed by majority vote of the City Council. Terms are for four years. One member shall be a representative of the Parks and Recreation Commission. The terms shall commence on April 1 of each year. No appointee shall serve on the joint use committee for more than two (2)consecutive, full terms (S years). C5-15 EXHIBIT A ATTACI , XNT A mid-term appointment to a vacant seat shall not preclude the appointee from serving two additional consecutive full terns,provided that the initial,partial term served is less than one (1)year. IV. OFFICERS In April,at its regular meeting,the membership shall elect a chairperson,vice chairperson and such other officers as may be needed. The term of office of the chairperson and vice chairperson shall be one(1)year, commencing upon election. No person shall serve in the office of chairperson or vice chairperson for more than two(2) consecutive terms. For the purposes of this section,completion of a partial term of office as chairperson or vice chairperson shall not preclude an advisory body member from serving two (2) additional consecutive full terms,provided that the partial term served is less than six (6) months. The chairperson shall preside over all meetings of the committee,approve meeting agendas, attend the Mayor's Quarterly Meetings,and perform such other duties as directed by the committee. V. MEETINGS Unless otherwise designated,regular meetings of the committee shall be held monthly on the fourth(4th)Tuesday of each month at twelve W eleeL Been(1 2:00)five thirty(5:30 p nL) at the Ludwick Community Center and shall be open to the public. Special meetings may be called by the chairperson or any three(3)members of the committee,provided that seven(7) days prior notice is given to each member. In any event, meetings shall always be held within the jurisdictional limits of the City of San Luis Obispo, shall be open and public meetings and notice shall be given of the meetings to any requesting party at least twenty-four(24)hours prior to the meeting. A quorum shall consist of a majority of the established members. All committee meetings shall be conducted according to City practices, customs, and policies. Roberts Rules of Order,Newly Revised,may be used as a guideline. C5-16 EXHIBIT - ATTACHIOL V1. COMNM TEES 3 Subcommittee may be appointed,as needed,by the chairperson. A quorum of a subcommittee shall consist of a majority membership of that subcommittee. VQ. AMENDMENTS Prior to May 1 in each odd numbered year,these bylaws shall be reviewed by the Committee. Any proposed changes shall be submitted to the City Council and the School Board for approval. If no changes are proposed, a report of the review shall be submitted. These bylaws may be amended by the majority vote of the committee members present at a.regular meeting,provided that a quorum is present. Members shall receive the proposed amendments at least ten(10)days prior to the meeting in which amendment is proposed. M WITNESS WHEREOF, we,the undersigned, being the Chairperson and Vice Chair nf.the Advisory Committee on Joint Use of Recreational Facilities.do certify that the Restated Bylaws set forth above constitute the bylaws of the said committee adopted on April 13,2011. DATED: ATTEST: Jesse Bilsten, Chair David Robbins,Vice Chau g:l ucVevised bylaws 041311.doc C5-17 ATTACHIIf IT UHIBIT A BYLAWS MASS TRANSPORTATION COMMITTEE CITY OF SAN LUIS OBISPO Amended by Resolution No. 10096(2009 Series) 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 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 ene student- 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 teras (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. 1 Updated 6/16/2009 C5-18 ATTACHE W EXHIBIT A 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. 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. SUBCONMTTEES 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. 2 Updated 6/16/2009 C5-19 ATTACF-gENT EXHIBIT CITY OF SAN LUIS OBISPO PERSONNELBOARD BY-LAWS ARTICLE 1. PURPOSE It is the purpose of the Personnel Board to hear employee appeals from disciplinary action and to review employee grievances. 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. C5-20 EXHIBIT Pr ATTACK AT 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. d. 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 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 tape 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. G:13U City Advisory BodieslBylaws-201 111 eg Dmft\.PB Bylaws 2011 Updaw.doc C5-21 EXHIBIT R ATTACI . .ENT 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 S. 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). G:\304 City Advisory Bodies\Bylaws-2011\I.eg Dmft\PB Bylaws 2011 Updm.doc C5-22 ATTAC RENT EXHIBIT /} Planning Commission Bylaws Amended by Resolution No. 10096 (2009 Series) 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. I. 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. II. 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. III. Conduct of Meetings 1 Updated 6/16/2009 C5-23 EXHIBIT ATTA( �"MENT 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 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. IV. Quorum Four members of the Planning Commission constitute a quorum for transacting business. V. Voting 2 Updated 6/16/2009 C5-24 ATTACH"ENT EXHIBIT A 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. 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. VI. Public Records Records of all public hearings shall be made available to the public in the office of the Community Development Department. VII. 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. VIII. 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. 3 Updated 6/16/2009 C5-25 ATTACI', =NT EXHIBIT BYLAWS PROMOTIONAL COORpINATING COMMITTEE CI'T'Y OF SAN LUIS OBISPO 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 resident of the City of San Luis Obispo. The seventh member shall be Rmnatted:Highlight the chair of the Tourism Improvement District(TBID)Board as wed a Dints by - -- FaMEMB :HiyhW the TBID Board. Committee members shall be appointed for a term of four(4)years, commencing on April 1'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 tine TBID BoardRmnartted:Highlight 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. C5-26 ATTAr ':HENT UHIBIT �} The Chairperson shall preside over all meetings of the PCC,prepare all meeting agendas with stafly 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. 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 Rule 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 failure to attend three(3)regular meetings within any twelve-month period,that member shall automatically be considered for replacement. C5-27 ATTAC' LENT EXHIBIT A ARTICLE 5 SUBCOMMITTEES Subcommittees shall be appointed,as needed,by the Chairperson.Standing subcommittees are the Grants-in-Aid and Promotional Contracts 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. 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 with grant recipients who work to promote the quality of life for residents and visitors of the City of San Luis Obispo. G.Perform any other lawfW 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. C5-28 ATTAf 'MENT EXHIBIT A BYLAWS TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD CITY OF SAN LUIS OBISPO 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 committee recommends projects to promote tourism to the City of San Luis Obispo to directly benefit the City's lodging industry. ARTICLE 2 TERMS OF OFFICE The TBID BOARD shall consist of seven(7)members from the San Luis Obispo City lodging industry as appointed by the Council. Committee members shall be appointed for a term of four(4)years, commencing on April 151 or any other date as directed by the Council.No committee member shall serve more than two(2)consecutive terms(eight years) on the TBID BOARD. 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. 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 TBID Board for a tens 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 TBID Board,prepare all meeting agendas with staff, and otherwise perform such duties as directed by the TBID Board or Council. C5-29 � ATTACI04ENT EXHiB9T A- The immediate Past Chairperson shall automatically serve as the Vice Chairperson in order to give support to the incoming Chairperson and guarantee continuity and stability for the board proceedings during the absence of the Chairperson. The Vice Chairperson shall serve in the absence or incapacity of the Chairperson. ARTICLE 4 MEETINGS 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 committee 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 committee 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 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 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. C5-30 ATTR' HENT EXHIBIT 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. 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 committee 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 committee member. TBID BOARD August 1, 2008 C5-31 L RED FILE . MEETING AGENDA miiIIIIIIIIIIIIII�����Illlillll��!!!;I PATE a-r i ITEM #,,, counat memomnaum Ci of San Luis Obispo 77-71 June 21, 2011 hard co emapt a COUNCIL A CUD D1R ° M� r rrrDM TO: Mayor Marx & Members of the City Council 0 AWCM n FMEc1� ° AnDYMY °NW DIR ° CLIItElDRIG °POUCF CHU FROM: Elaina Cano, City Clerk o r�RmuNE C Af S4tMD2 ° IR NE's °0 DIR ° SLOCITYWM r_COUNCK VIA: Katie Lichtig, City Manager o�LearOR SUBJECT: Item C5 — Biennial Review of Advisory Body Bylaws Staff has received the following proposed alternative language to the various Advisory Body bylaws for Council's consideration: Page C5-3 MTC -Article 2: Committee Membership currently,provides that the membership shall include "one senior citizen (62 years or older)." The suggested revision is to eliminate "one senior citizen" and replace it with "one person 62 years or older" Page C5-4 MTC -Article 2: Committee Membership currently provides that the membership shall include "one disabled persona The suggested revision is to change the language to "a person with a disability"to eliminate the personification of the disability. In addition, clarification was requested on the items below. Staffs responses are noted in italics. 1) Page C5-4 PB -Article 3:.Officers The last line currently provides that"outside counsel will be provided." The suggested revision would change that language to read "outside counsel should be provided,"to address the concern that providing outside counsel requires funding to accomplish and recognizing that Council may want to consider such an expenditure on a case by case basis. Staff has no objection to the proposed language, but would caution that the need to bring an outside counsel retention to Council may not be possible, depending on appeal timelines. Typically, the City Attomey would attempt to provide counsel to the Board through reciprocal agreements, without cost, with other local agency counsel. 2) Page C5-4 PCC -Article 2; Membership 4 - I V The current language provides that"Six of the members shall be resident of the City of San Luis Obispo." A question has been raised as to the intent of the provision, and it has been suggested that clarification should be included to address whether one of the non-TBID six members of the committee could be a non-resident, if the TBID representative was, in fact, a resident. Per the Advisory Body Handbook, nth the following exceptions, only residents who are registered voters within the City limits are eligible to apply to an advisory body. Exceptions include the Tourism Business Improvement District(TBID) Board, one representative from the TBID Board serving on the Promotional Coordinating Committee, Cal Poly employee and student representatives serving on the MTC; and members of the Housing Authority." Therefore, the fact that the TBID representative might be a City resident does not negate the requirement that all other members serving on the PCC must also be residents of the City of San Luis Obispo. It is only the TBID representative that is excepted from the residency rule. If Council concurs with these revisions, the motion should so indicate. CADocaments and Settings\ecano\Loca1 SettingsUemporary Intemet Files\OLK6\Red File Item C5 04191 Ldoc