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HomeMy WebLinkAboutr10276 Amending Bylaws of CHC, HRC, JHC, JUC, MTC, PB, PC, PCC, TBID & Adopting Revised Advisory Body HandbookRESOLUTION NO. 10276 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AMENDING THE BY LAW S OF CERTAIN OF ITS ADVISORY BODIE S WHEREAS,in accordance with the Charter of the City of San Luis Obispo, the San Lui s Obispo Municipal Code, and its own resolutions, the City Council of the City of San Luis Obisp o 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 ; an d WHEREAS,pursuant to Charter section 1204 and the Advisory Body Handbook, las t adopted by the City Council in November 2008, the City Council biennially, followin g recommendations from its advisory bodies, is to review any proposed recommended changes t o the bylaws of the advisory bodies and then adopt them ; and WHEREAS,the City's advisory bodies have reviewed their bylaws and some of thos e bodies have recommended revision of their bylaws ; and WHEREAS,City staff have also reviewed said bylaws and have made suggestions fo r their revision ; and WHEREAS,at its regular meeting of June 21, 2011, the City Council reviewed propose d 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 Lui s Obispo that the bylaws of the following advisory bodies are hereby amended to read as set fort h 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 Committe e Human Relations Commissio n Jack House Committe e Joint Use of Recreational Facilities Committe e Mass Transportation Committe e Personnel Boar d Planning Commissio n Promotional Coordinating Committe e Tourism Business Improvement District R 10276 Resolution Number 10276 (2011 Series ) Page 2 Upon motion of Council Member Carter, seconded by Vice Mayor Ashbaugh, and on th e following vote : AYES :Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh an d Mayor Marx NOES :None ABSENT : None The foregoing resolution was adopted this 21 St day of June 2011 . ATTEST : c-A'e or_ Elaina Cano City Clerk APPROVED AS TO FORM : EXHIBIT A CULTURAL HERITAGE COMMITTEE BYLAW S Amended by Resolution No . 10276 (2011 Series) ARTICLE 1 . PURPOS E 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 th e community's history and archaeology . c.On request, commenting on the effects of public and private actions on communit y cultural resources . d.Helping with the administration of City-sponsored benefit programs . ARTICLE 2 .COMPLIANCE WITH OTHER REQUIREMENT S The functioning of the Cultural Heritage Committee and all of its actions and decisions shall b e in compliance with the provisions of the Advisory Body Handbook and with the provisions o f City Resolution 6593 (1989 Series). ARTICLE 3 . MEMBERSHI P A.The CHC will have seven members appointed by the City Council . Members must b e residents and registered voters of the City . If possible, membership of the committee shoul d include a person knowledgeable in local history, a person with training or experience i n structural rehabilitation, a person knowledgeable on local archaeology, and a person wit h knowledge of architecture . B.If possible, the committee should include one resident from each of the five Historica l Preservation Districts created but the Council is not limited to this district residenc y requirement when making appointments . ARTICLE 4 . TERMS OF APPOINTMEN T Members shall be appointed by the City Council for an initial term of a maximum of four year s and may be reappointed for additional terms, not exceeding a total of eight years . ARTICLE 5 . OFFICER S A . A Chairperson and Vice-Chairperson shall be elected by the committee at its first meeting i n April for one-year terms . No person may serve in the office of Chairperson or Vice - Chairperson for more than two consecutive terms . Updated 2011 B.The Chairperson shall preside over all committee meetings, vote on all matters, appoint al l subcommittees, call special meetings, and submit an annual report and budget to th e 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 . MEETING S A.The committee shall hold a regular meeting each month . All meetings shall be open to th e public . Regular meetings shall be held at 5 :30 p .m . on the fourth Monday of each month i n 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 quoru m directed through the Chairperson . D.Minutes of each meeting shall be forwarded to the City Council and be available as a publi c record . E.The Chairperson or a quorum majority of the committee may call a special meeting, provide d that all public notice requirements are met . F.All committee meetings shall be conducted according to City practices, customs, an d 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 . An y member declaring a conflict of interest shall not vote or participate in any relate d deliberations or action of the committee . ARTICLE 7 .ABSENCES AND RESIGNATION S A.If a member fails to attend three consecutive regular meetings or a total of six regula r meetings within any 12 months, the member shall automatically be considered fo r replacement . The Chairperson of the committee shall inform the Council of such a situatio n and explain any special circumstances . B.Committee members are responsible for notifying the Chairperson or the Secretary i n 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 . CHC Bylaws, June 201 1 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 . AMENDMENT S Bylaw amendments shall be submitted for Council approval by an affirmative vote of th e members present at a regular meeting of the committee, provided that such amendments shal l 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 . BY LAWS, HUMAN RELATIONS COMMISSIO N CITY OF SAN LUIS OBISP O ARTICLE 1 . PURPOS E 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 an d 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 b e addressed . ARTICLE 2 .MEMBERSHIP AND TERMS OF OFFIC E 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 individual s with experience, or a demonstrated interest in community social issues . Commissioners shall be appointed by the City Council for terms of four (4) years, commencin g on April 1st . Commissioners shall serve at the pleasure of the City Council . Any Commissione r may be reappointed, provided that no appointee shall serve more than two (2) consecutive term s 8 years). ARTICLE 3 . MEETING S 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 specifie d time and place . C The Commission meetings shall be open to the public and shall be held at City Hall in th e Council Hearing Room or other previously announced locations at specific times as require d 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 b e directed through the Commission Chair . F Minutes of each meeting shall be forwarded to the City Council and be available as a publi c record . G The Chairperson or any three members of the Commission may call a special meetin g providing a week's prior notice is given in writing to each member . Revised 4/2011 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 an y discussion of any item or in any manner attempt to influence the decision on that item . ARTICLE 4 . SUBCOMMITTEE S Subcommittees consisting of less than a quorum of the Commission shall be appointed, a s needed, by the Chairperson . Study committees may include non-commission members who shal l have no voting power. ARTICLE 5 . OFFICER S A The officers shall be a Chairperson and a Vice-Chairperson who shall be elected at th e Commission meeting in April for one-year terms . B The Chairperson shall preside over all meetings of the Commission, prepare all meetin g 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 . WORKPLA N 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 o f the Commission . ARTICLE 7 .AMENDMENT S By law amendments shall be submitted for Council approval by an affirmative vote of th e 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 th e first reading . Revised 4/2011 BY-LAWS JACK HOUSE COMMITTE E CITY OF SAN LUIS OBISP O Amended by Resolution No .10276 (2011 Series) ARTICLE 1 . PURPOSE The Jack House and Grounds were deeded to the City of San Luis Obispo on March 10, 1975 . I n 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 MEMBERSHI P The grant deed requires that persons with special expertise fill four of the seven seats on the Jac k House Committee . The City Council has resolved that due to these special conditions an d requirements, members may serve terms of undetermined length, the choice being left t o 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 Stat e University College of Architecture and Environmental Design, preferably a n architectural historian . 3.One member of the faculty, current or retired, of California Polytechnic Stat e 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 . MEETING S 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 announce d locations at specific times as required by California law . D.A quorum shall consist of a majority of the 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 . 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 meetin g 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 no t vote on or participate in any discussion of any item or in any manner attempt t o influence the decision on that item . ARTICLE 4 . SUBCOMMITTEE S 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 n o voting power . ARTICLE 5. OFFICER S 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 preparin g 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 . STAF F The Director of Parks and Recreation or designate is the staff liaison to the Jack Hous e Committee . The Director may designate such other staff as is necessary to provide support to th e Committee . Public Works staff shall give assistance to the Committee on a regular basis . ARTICLE 7 .WORK PLA N 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 o f the Committee . ARTICLE 8 . AMENDMENT S 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 member s present at a regular meeting of the Committee, provided that such amendments shall have bee n discussed by the Committee on the agenda of at least two meetings prior to the vote . Th e members shall receive the proposed amendments in writing at least ten (10) days prior to the firs t meeting. RESTATED BYLAW S OF TH E ADVISORY COMMITTE E ON SHARED USE OF RECREATIONAL FACILITIE S I.PURPOS E The Advisory Committee on Shared Use of Recreational Facilities [The Committee] provide s recommendations to the City Council of the City of San Luis Obispo and the San Luis Coasta l Unified School District Board of Trustees regarding those facilities that have been mutuall y designated as Joint Use Facilities ; and for the operation of the recreational facilities, priority fo r use of the facilities, and development of new recreational facilities in Sinsheimer Park . The Committee provides recommendations to the City Council on Joint Use Agreement s between the City, County and other appropriate agencies for the Shared Use of Facilities . The Committee provides recommendations for the expenditure of those funds designated by th e City Council for the improvement of shared use recreational facilities . II.STAFF The Committee is staffed by, the Recreation Supervisor and a minute taker designated b y the Department . A staff member from the San Luis Coastal Unified School District shall serv e as a liaison to the Committee . III.MEMBERSHI P Membership in the committee consists of seven five (7) members appointed by majorit y 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 . N o appointee shall serve on the joint use committee for more than two (2) consecutive, full terms (8 years). A mid-term appointment to a vacant seat shall not preclude the appointee from serving two additional consecutive full terms, provided that the initial, partial term served is less than on e 1) year . IV.OFFICER S In April, at its regular meeting, the membership shall elect a chairperson, vice chairperso n 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 vic e chairperson for more than two (2) consecutive terms . For the purposes of this section, completion of a partial term of office as chairperson o r vice chairperson shall not preclude an advisory body member from serving two (2) additiona l 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 meetin g agendas, attend the Mayor's Quarterly Meetings, and perform such other duties as directed by th e committee . V.MEETING S Unless otherwise designated, regular meetings of the committee shall be held monthly o n the fourth (4th) Tuesday of each month five thirty (5 :30 p .m .) at the Ludwick Community Cente r and shall be open to the public . Special meetings may be called by the chairperson or any three (3) members of th e 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 o f San Luis Obispo, shall be open and public meetings and notice shall be given of the meetings t o 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 committe e meetings shall be conducted according to City practices, customs, and policies . Roberts Rules o f Order, Newly Revised, may be used as a guideline . VI.COMMITTEE S A Subcommittee may be appointed, as needed, by the chairperson . A quorum of a subcommittee shall consist of a majority membership of that subcommittee . VII.AMENDMENT S Prior to May 1 in each odd numbered year, these bylaws shall be reviewed by th e Committee . Any proposed changes shall be submitted to the City Council and the School Boar d 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 a t a regular meeting, provided that a quorum is present . Members shall receive the propose d amendments at least ten (10) days prior to the meeting in which amendment is proposed . IN WITNESS WHEREOF,we, the undersigned, being the Chairperson and Vice Chai r of the Advisory Committee on Joint Use of Recreational Facilities, do certify that the Restate d Bylaws set forth above constitute the bylaws of the said committee adopted on April 13, 2011 . DATED : ATTEST : Jesse Bilsten, Chai r David Robbins, Vice Chair BYLAW S MASS TRANSPORTATION COMMITTE E CITY OF SAN LUIS OBISP O Amended by Resolution No . 10276 (2011 Series) ARTICLE 1 .PURPOSE The purpose of the Mass Transportation Committee is to advise City staff and the City Counci l on all matters related to public transportation in San Luis Obispo (buses, trolley, and taxi). ARTICLE 2 .COMMITTEE MEMBERSHI P The Committee has seven voting members, consisting of one Cal Poly employee designated b y 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 b e appointed . The Cal Poly and technical planning representatives are exempt from the residenc y requirements . All other members must be residents and registered voters of the City . ARTICLE 3 .TERMS OF OFFIC E 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 ma y 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 th e 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 eac h 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 wil l be directed through the committee chair . F.Minutes of each meeting will be available as a public record in the Public Work s Department . 1 Updated 6/21/2011 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 o f interest . A failure or refusal to vote when present (except for a declared conflict o f interest) will be construed as an affirmative vote . J.Any member with a declared conflict of interest will not vote or participate in an y discussion of any item or in any manner attempt to influence the decision on tha t item . K.If, or when a voting member of the MTC is absent from an MTC meeting, one of th e Alternate members shall take the place of the voting member in order to maintain a s 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 .SUBCOMMITTEE S Subcommittees consisting of less than a quorum of the Committee can be appointed a s needed by the Chairperson . ARTICLE 6 .OFFICER S A.The officers will consist of a Chairperson and Vice-Chairperson who will be electe d 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 th e assistance of staff) all meeting agendas and perform such duties as directed by th e 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 Bod y Handbook, incorporated herein by reference . 2 Updated 6/21/2011 CITY OF SAN LUIS OBISP O PERSONNEL BOAR D BY-LAW S ARTICLE 1 . PURPOS E It is the purpose of the Personnel Board to hear employee appeals from disciplinary action and t o review employee grievances . The Board shall then make advisory recommendations to the Cit y Council . The Personnel Board shall also perform other duties pertaining to personne l management as directed by the City Council . ARTICLE 2 .MEMBERSHIP AND TERMS OF OFFIC E Five (5) members of the Personnel Board shall be appointed by the City Council and shall serv e 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 th e person replaced . c.Members shall be appointed for no more than two (2) consecutive terms (8 years). ARTICLE 3 . OFFICER S The officers shall be a Chairperson and a Vice-Chairperson who shall be elected at the firs t meeting of alternate calendar years to serve two-year terms . a.The Chairperson shall preside over all meetings of the Personnel Board, subpoen a witnesses and require the production of books, papers and any other material s pertinent to the investigation or hearing . b.The Vice-Chairperson shall serve in the absence of the Chairperson . c.The City Attorney's Office shall serve as legal advisor to the Board, preparin g necessary documents for the Board to review in advance of the hearing and durin g deliberations after the hearing . However, if the City Attorney's Office represents a City Department during the hearing on an employee disciplinary action or grievanc e or any disqualifying due process issue is identified, outside counsel will be provide d to serve as legal advisor to the Board . d . The Director of Human Resources or his or her designee shall serve as recordin g secretary, keeping record of all meetings, and shall issue all necessary notices, copie s of agendas, minutes and copies of necessary documents . ARTICLE 4 .MEETING S a.The Personnel Board shall meet as needed . b.Three (3) members of the Board shall constitute a quorum for the transaction o f business . However, for the purpose of a hearing on appeal of a disciplinary action, n o Board member may vote on a decision if absent from part of a hearing, unless suc h member certifies that he/she listened to a recording of or read the transcript of th e missed portion of the hearing . c.Pursuant to Personnel Exception of the Brown Act (Government Code Sectio n 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 al l 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 b e 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 directe d through the Board Chairperson . h.The Board may meet with its legal advisor, as needed and outside the presence of an y other persons, to receive opinions and advice . i.The Board may direct the parties to submit hearing briefs outlining the facts an d arguments to be presented prior to any hearing . The Chairperson shall establish a schedule for submission of the hearing briefs . ARTICLE 5 . AMENDMENT S At such time as these by-laws need to be amended, the Director of Human Resources shall mee t and determine an appropriate procedure for making such amendment(s). PLANNING COMMISSION BYLAWS Amended by Resolution No . 10276 (2011 Series) MEMBERSHI P 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 fo r appointment . Members occasionally may be requested to attend seminars and workshops t o enhance skills in planning . I . MEETING S A.Regular meetings shall be held at 6 :00 p .m . on the second and fourth Wednesday of eac h month. B.No agenda item shall be introduced after 11 :00 p .m . without the consent of a majority o f 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 regula r meeting at a place other than the City Hall, then the place of such meeting shall be poste d on the bulletin board located at the entrance to City Council Chambers prior to the tim e herein designated for such regular meetings in accordance with law . II . ELECTION OF OFFICER S 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 th e 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 Chairperso n to act . D.No person shall serve as Chairperson or Vice-Chairperson for more than two consecutiv e terms . III . CONDUCT OF MEETING S A . Commissioners should address questions through the Chairperson . Updated 6/21/2011 B.Members of the audience should address commissioners or other persons present throug h the Chairperson . C.Procedure for reviewing public hearing items : After roll call the Chairperson shall announce to the public the procedures to be followe d 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 place d 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 th e 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 applicatio n shall be invited to make a presentation . 5.The applicant shall have the opportunity at the end of the public hearing to addres s 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 publi c hearing at any time prior to a decision on an item on an affirmative vote of th e 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 an d 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.VOTIN G A.Except as otherwise provided in the San Luis Obispo Municipal Code and state law, n o resolution, motion or any other action shall be passed or become effective withou t 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 . 2 Updated 6/21/2011 C.Except as allowed under the Political Reform Action of 1974, any member abstainin g due to a declared conflict of interest shall not participate in the discussion of the items o r 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 conflic t of interest . E.Failure or refusal to vote when present - except for a declared conflict of interest — shal l be counted as an affirmative vote . VI . PUBLIC RECORD S Records of all public hearings shall be made available to the public in the office of th e Community Development Department . VII . ATTENDANC E 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 Commissio n 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 . POLIC Y 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 6/21/2011 CITY OF SAN LUIS OBISP O PROMOTIONAL COORDINATING COMMITTE E BYLAW S ARTICLE 1 PURPOSE The Promotional Coordinating Committee (PCC) advises the Council in working to improve th e 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 MEMBERSHI P The PCC shall consist of seven (7) members appointed by the Council . Six of the members shal l be resident of the City of San Luis Obispo . The seventh member shall be the chair of th e Tourism Improvement District (TBID) Board as appointed by the TBID Board . Committe e members shall be appointed for a term of four (4) years, commencing on April 1 St or other date as directed by the Council . No committee member shall serve more than two (2) consecutiv e terms (eight years) on the PCC . Any committee member who has been appointed to fill a vacan t seat in mid-term shall not be precluded from thereafter serving two (2) four-year terms (eigh t years), so long as the initial, partial term is less than one (1) year . The representative from th e TBID Board shall serve a term concurrent with his/her term as the chairperson of the TBI D Board . ARTICLE 3 OFFICER S 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 committe e member shall serve more than two (2) consecutive one-year terms as Chairperson or Vic e Chairperson . Any committee member who has been appointed to fill a vacant seat a s 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 wit h 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 MEETING S 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, unles s 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 throug h the Chairperson. F.Minutes of each meeting shall be taken and forwarded to the Council and shall be available a s a public record . G.A special meeting may be called at any time by the Chairperson or by a majority of th e committee members currently serving on the PCC, provided each member is given written notic e of the special meeting at least 24 hours prior to the meeting, and the time and place of the specia l meeting is announced as required by California Law . H.All meetings shall be conducted in general accordance with Robert's Rule of Order, newl y revised edition, subject to minor variation by the Chair as appropriate to the needs of th e 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 an y 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 . ARTICLE 5 SUBCOMMITTEE S Subcommittees shall be appointed, as needed, by the Chairperson . Standing subcommittees ar e the Grants-in-Aid and Promotional Contracts subcommittees . The subcommittee members wil l serve for a two (2) year term . After two years they will automatically rotate to the other standin g subcommittee . ARTICLE 6 FUNCTIONS AND DUTIE S 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 a n 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 th e City of San Luis Obispo and make recommendations to the Council thereon . D.Present an annual assessment report to the City Council regarding the Promotiona l 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 th e City of San Luis Obispo . F.Provide a liaison with grant recipients who work to promote the quality of life for resident s and visitors of the City of San Luis Obispo . G . Perform any other lawful tasks as directed by the Council . ARTICLE 7 AMENDMENT S 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 propose d amendment shall have first been provided in writing to each committee member . TOURISM BUSINESS IMPROVEMENT DISTRICT BOAR D CITY OF SAN LUIS OBISP O BYLAW S 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 recommend s 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 Cit y lodging industry as appointed by the Council . Committee members shall be appointed fo r a term of four (4) years, commencing on April 1 st or any other date as directed by th e Council . No committee member shall serve more than two (2) consecutive terms (eigh t 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-yea r terms (eight years), so long as the initial, partial term is less than one (1) year . ARTICLE 3 OFFICER S The officers shall be a Chairperson and a Vice Chairperson, each of whom shall b e elected for a one-year term at the March meeting of the TBID Board for a term starting i n April . No committee member shall serve more than two (2) consecutive one-year term s as Chairperson or Vice Chairperson. Any committee member who has been appointed t o fill a vacant seat as Chairperson or Vice Chairperson in mid-term shall not be preclude d 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 meetin g agendas with staff, and otherwise perform such duties as directed by the TBID Board o r Council . The immediate Past Chairperson shall automatically serve as the Vice Chairperson i n 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 Chairperso n shall serve in the absence or incapacity of the Chairperson . ARTICLE 4 MEETING S 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 th e TBID BOARD . E.All actions of the TBID BOARD shall be by a majority vote or consensus and shall b e directed through the Chairperson . F.Minutes of each meeting shall be taken, shall be available as a public record an d forwarded to the Council if requested . G.A special meeting may be called at any time by the Chairperson or by a majority o f 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, an d 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 need s of the advisory body . I.All committee members present at a meeting shall vote on any motion or resolutio n 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 i n 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) regula r meetings within any twelve-month period, that member shall automatically be considere d for replacement . ARTICLE 5 FUNCTIONS AND DUTIE S The functions and duties of the TBID BOARD shall include, but not be limited to, th e following : A.Planning a comprehensive program to promote tourism to the City of San Lui s Obispo and prepare an annual marketing program consistent with industry goals an d objectives . B.Develop advertising and promotional programs and projects to benefit the lodgin g industry in San Luis Obispo . C.Present an annual assessment report to the City Council regarding the implemente d promotional programs and projects . D . Perform any other lawful tasks as directed by the Council . ARTICLE 6 AMENDMENT S These bylaws may be amended by the Council, upon the recommendations of two-third s of the committee members currently serving on the TBID BOARD, provided that the tex t of any such proposed amendment shall have first been provided in writing to eac h committee member .