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HomeMy WebLinkAbout09-15-2015 Item 12 - Advisory Body Bylaws and Handbook Update Meeting Date: 9/15/2015 FROM: Anthony Mejia, City Clerk SUBJECT: ADVISORY BODY BYLAWS AND HANDBOOK UPDATE RECOMMENDATION Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, amending the bylaws of certain advisory bodies and adopting a revised Advisory Body Handbook.” DISCUSSION In accordance with Council direction, as set forth in the Advisory Body Handbook, a review of each Advisory Body’s bylaws is to be conducted on a biennial basis. Amendments are then submitted to the City Council for approval. Each of the City’s advisory bodies have completed 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 recommended changes made by the advisory bodies, and also made a number of minor amendments to ensure consistency among the bylaws. The last biennial update was conducted in 2013. Exception to this Review Although the Council has appointing authority over the Housing Authority, it does not have jurisdiction over its bylaws. No further review or revisions of the Housing Authority bylaws are required. Bylaw Revisions Substantive revisions to the bylaws of each advisory body are presented below. Additions are shown in underline text; deletions are indicated by strikeout text. Grammatical and clerical changes are only indicated in the attached bylaws. Architectural Review Commission No substantive revisions have been submitted. Bicycle Advisory Committee No substantive revisions have been submitted. Citizens’ Revenue Enhancement Oversight Commission No substantive revisions have been submitted. 12 Packet Pg. 155 Construction Board of Appeals The CBA recommends the following amendments: 1. Membership. The Board consists of seven members. Members must be residents and registered voters of the City, pursuant to the City of San Luis Obispo City Council Policies and Procedures Manual. Five of the seven members shall be qualified by experience and training to pass on matters pertaining to building construction and building service equipment, hazards of fire, explosion, hazardous conditions or fire protection and who are not employees of the City. Two members of the Board shall be persons with a disability as defined in the 2007 California Building Code. Two members of the Board shall be physically disabled persons, as defined in the adopt California Building Code. Board members may serve simultaneously on other non-technical City advisory bodies pursuant to the City of San Luis Obispo City Council Policies and Procedures Manual. 2. Article 1(B). Functions. To interpret reasonably the provisions of the City’s adopted Uniform Codes. To interpret the provisions of the City’s adopted Uniform Codes and to hear and decide appeals of orders, decisions or determinations made by the Chief Building Official, Code Official or Fire Marshall relative to the application and interpretations of the adopted Codes of Title 15. 3. Article 1(C). Functions. To conduct hearings and provide the second level of administrative review for contested Administrative Citations issued pursuant to the adopted codes of Title 15 or otherwise issued by the Chief Building Official. To serve as the Housing Appeals Board required under California Health & Safety Code section 17920.6, and to also serve as the appeals body for any other adopted codes found within Title 15 of the San Luis Obispo Municipal Code, including disability access requirements imposed by the California Building Standards Code and the California Health & Safety Code. Cultural Heritage Committee No substantive revisions have been submitted. Human Relations Commission The HRC recommends the following amendments, noting that these amendments will provide more flexibility in scheduling meetings when needed (and reduces the number of cancellations due to a lack of business) and eliminates the need for developing a workplan on an annual basis when no changes are proposed to the existing workplan (which tends to be cyclical in nature): 1. Article 3. Meetings. The Commission shall hold a regular meeting each month but not less than ten (10) times a year at least quarterly. 2. 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. 12 Packet Pg. 156 Jack House Committee The JHC recommends the following amendments: 1. Article 2. Committee Membership. A member representative of the San Luis Obispo County History Center. 2. Article 5. Officers. The officers shall be a Chairperson and a Vice-Chairperson who shall be elected at the Committee meeting in April for one two-year terms. 3. Article 7. Maintenance Plan. The Committee shall develop a work maintenance plan on an annual basis starting in January of each year. The work maintenance plan shall be a description of the activities that will be undertaken in order to maintain the historic house and gardens and to meet the goals and objectives of the Committee. Mass Transportation Committee No substantive revisions have been submitted. Parks and Recreation Commission No substantive revisions have been submitted. Personnel Board No substantive revisions have been submitted. Promotional Coordinating Committee No substantive revisions have been submitted. Tourism Business Improvement District Due to a clerical error in 2013, previous amendments to TBID bylaws reverted to a previously adopted set of bylaws. As such the TBID reviewed and updated its bylaws in its entirety. The TBID has operated under these bylaws for several years and as such should it is recommended that they be readopted. Tree Committee The Tree Committee recommends the following amendments: 1. Article 2. Committee Membership. The Tree Committee shall have seven members and shall consist of one representative from the Parks and Recreation Commission, one representative from the Architectural Review Commission, and five members from the general public (one of whom shall be a horticultural expert, if possible). Members must be residents and registered voters of the City. 12 Packet Pg. 157 Advisory Body Handbook The Advisory Body Handbook has been reformatted and updated to reflect current City Council Policies and Procedures, Resolutions, and the establishment of the Citizens’ Revenue Enhancement Oversight Commission. Staff is requesting authorization to update the Advisory Body Handbook administratively, consistent with City Council Policies and Procedures, Resolutions, and Ordinances. FISCAL IMPACT There is no fiscal impact as a result of these revisions. ALTERNATIVES Council could choose not to adopt the revision and may provide additional direction regarding the bylaw and handbook amendments. Attachments: a - Resolution b - Advisory Body Handbook c - Advisory Body Bylaws and Minutes 12 Packet Pg. 158 R ______ RESOLUTION NO. _____ (2015 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING THE BYLAWS OF CERTAIN ADVISORY BODIES AND ADOPTING A REVISED ADVISORY BODY HANDBOOK WHEREAS, in accordance with the Charter of the City of San Luis Obispo, the San Luis Obispo Municipal Code, and its own Resolutions, the City Council of the City of San Luis Obispo appoints individuals to serve on its advisory bodies; and WHEREAS, those advisory bodies have adopted bylaws to aid them in conducting their meetings fairly, smoothly, efficiently and in accordance with law; and WHEREAS, the City’s advisory bodies have reviewed their bylaws and some of those bodies have recommended revision of their bylaws; and WHEREAS, City staff have also reviewed said bylaws and have made suggestions for revision; and WHEREAS, the Council periodically revises its Advisory Body Handbook to ensure clarity, consistency with state law, and conformity with the City Charter and Ordinances; and WHEREAS, the Advisory Body Handbook was last adopted by the City Council in November 2008 by Resolution No. 10041 (2008 Series ), and modifications to the bylaws have been adopted by the City Council biennially in 2009, 2011, and 2013; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo does hereby: SECTION 1. Adopt the Advisory Body Handbook as set forth in Exhibit “A” and authorize the City Clerk to update the Advisory Body Handbook, consistent with the City Council Policies and Procedures, Resolutions, and Ordinances as necessary. SECTION 2. Adopt the revised Advisory Body Bylaws as set forth in Exhibit “B” and authorize the City Clerk to make clerical corrections as necessary. SECTION 3. Rescind and replace all previous versions of the Advisory Body Handbook and Advisory Body Bylaws previously adopted. SECTION 4. Direct the City Clerk to furnish a copy of the Advisory Body Handbook to all department heads, support staff, and advisory body members. 12.a Packet Pg. 159 At t a c h m e n t : a - R e s o l u t i o n ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Resolution No. _____ (2015 Series) Page 2 Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2015 . ____________________________________ Mayor Jan Marx ATTEST: ____________________________________ Anthony Mejia City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________, _________. ______________________________ Anthony J. Mejia City Clerk 12.a Packet Pg. 160 At t a c h m e n t : a - R e s o l u t i o n ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) ADVISORY BODY HANDBOOK Adopted by Resolution No. XXXXX (2015 Series) Updated on September 15, 2015 Prepared by the Office of the City Clerk 12.b Packet Pg. 161 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 1 | Page Contents Introduction ..................................................................................................................................... 3 Section 1. Advisory Body Basics.................................................................................................... 4 A. Background ............................................................................................................................ 4 B. Opportunities for Service ....................................................................................................... 4 C. Membership Qualifications & Appointment Process............................................................. 6 D. Oath of Office ........................................................................................................................ 7 E. Orientation .............................................................................................................................. 7 F. Term of Office ........................................................................................................................ 7 G. Removal from Office ............................................................................................................. 7 H. Vacancies ............................................................................................................................... 7 J. Ethics and Conflict of Interest ................................................................................................. 7 K. Awards and Recognition ........................................................................................................ 9 Section 2. How City Government Works ..................................................................................... 10 A. City Charter .......................................................................................................................... 10 B. City Council ......................................................................................................................... 10 C. City Organization ................................................................................................................... 0 D. Council-Appointed Officers ................................................................................................... 0 E. Operation Departments ........................................................................................................... 0 Section 3. How Advisory Bodies Work .......................................................................................... 3 A. Council Liaison Members ...................................................................................................... 3 B. Bylaws and Procedures .......................................................................................................... 3 C. Continuity of Work and New Ideas........................................................................................ 3 D. Communications .................................................................................................................... 4 E. Role of City Staff Persons and Advisory Body Members ...................................................... 5 F. Absences, Leaves of Absence, and Resignations ................................................................... 5 G. Functional Review ................................................................................................................. 6 Section 4. The Brown Act ............................................................................................................... 7 A. Overview ................................................................................................................................ 7 B. Brown Act Provides for Public Comments ............................................................................ 7 Common Questions about the Brown Act .................................................................................. 8 Section 5. Tips for Being an Effective Advisory Body Member .................................................. 10 A. Understanding Your Role and Scope of Responsibility ...................................................... 10 B. Prepare Ahead for Meetings ................................................................................................. 10 C. Develop Positive Relationships ............................................................................................ 11 12.b Packet Pg. 162 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 2 | Page E. Encourage and Honor Public Participation .......................................................................... 11 F. Respect Individual Viewpoints ............................................................................................. 13 G. Communicate Effectively .................................................................................................... 13 H. Special Tips for the Chairperson .......................................................................................... 14 I. Managing Difficult Meetings ................................................................................................ 14 Section 6. Advisory Body Bylaws ............................................................................................ 16 12.b Packet Pg. 163 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 3 | Page Introduction Welcome to San Luis Obispo City Government! The City Council and staff hope that this Advisory Body Handbook will answer many of your questions and provide you with fundamental information related to the responsibilities of the City’s various advisory bodies. Serving on one of the City commissions, committees, or boards can be a fascinating and rewarding experience. These advisory bodies are charged with formulating new ideas, information gathering, receiving public testimony and comments, analyzing complex issues, and making recommendations on specific projects and broad policy - all toward helping the City Council make better-informed decisions. As you may realize, it isn’t always easy. Issues are often more complex than anticipated, public opinion can be sharply divided, questions may overlap, and sometimes the province of one body may also be the territory of another. Much of the information in this Handbook comes from a variety of City policy documents, such as the City’s Charter, Municipal Code, Financial Plan (or budget) and Council Policies and Procedures. In addition, State Law governs certain responsibilities of advisory body members. The material presented is intended to: 1) give interested persons an understanding of why the City’s advisory bodies have been established and how they function within the overall governmental framework; and, 2) summarize the roles, relationships and responsibilities of each advisory body member. The Handbook is divided into six sections: Section 1: Advisory Body Basics Section 2: How City Government Works Section 3: How Advisory Bodies Work Section 4: The Brown Act Section 5: Tips for Being an Effective Member and Chair of an Advisory Body Section 6: Advisory Body SummaryBylaws Thank you for your interest in serving on one of our citizen advisory bodies and volunteering your time and skills to enhance our community. 12.b Packet Pg. 164 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 4 | Page Section 1. Advisory Body Basics A. Background San Luis Obispo has a long history of involving its citizens in the business of their City government. Advisory committees and commissions provide an opportunity for interested residents to participate in the governing of their community under guidelines and procedures established by the Council. Advisory bodies can improve the quality of City government by providing the Council with resources to make better-informed decisions. Because of the nature of various advisory bodies, they can serve as the “eyes and ears” of the Council for issues and matters that otherwise might not receive the attention they deserve. Other benefits of advisory bodies include improvement in the lines of communication between the public and the Council, greater opportunities for discussion of public issues, and more citizen involvement in City government. There is considerable variety in the purpose or charge of these bodies. Some are required by State law or the Charter and are directed to guide certain City activities such as community planning or personnel affairs. Others have been created by the City Council to serve San Luis Obispo’s unique needs. However, the authority of an advisory body will depend upon its specific purpose. Some have been delegated specific authority to approve or deny projects. Decisions made by an advisory body may be appealed to the Council. The Council may not always accept the recommen dation of an advisory body because of additional information available or a need to balance the recommendation with policy or community priorities. Generally, advisory bodies are empowered only to make recommendations to the Council or to the City staff, unless specifically authorized by law or Council to do otherwise. Lastly, there should be two-way communication so that commissions are aware of the long-term goals Council has adopted, and the advisory body is able to present new ideas to the Council. Commission members are encouraged to attend Council meetings. B. Opportunities for Service Interested individuals may apply for appointment to any of the following City advisory bodies:  Architectural Review Commission  Bicycle Advisory Committee  Citizens’ Revenue Enhancement Oversight Commission  Construction Board of Appeals  Cultural Heritage Committee  Housing Authority  Human Relations Commission  Jack House Committee  Mass Transportation Committee  Parks & Recreation Commission  Personnel Board  Planning Commission  Promotional Coordinating Committee 12.b Packet Pg. 165 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 5 | Page  Tourism Business Improvement District Board  Tree Committee 12.b Packet Pg. 166 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 6 | Page C. Membership Qualifications & Appointment Process The City of San Luis Obispo encourages participation of a wide variety of its citizens through service on an advisory body. Unless specified, there is no special education, training or background required for appointment. With the following exceptions, only residents who are registered voters within the City limits are eligible to apply to an advisory body. Exceptions include the Tourism Business Improvement District (TBID) Board, one representative from the TBID Board serving on the Promotional Coordinating Committee, the Cal Poly employee and student representatives serving on the Mass Transportation Committee, and members of the Housing Authority. In addition, part- or full-time City officials and management employees are not eligible to apply. Note: Former members of the City Council may not be appointed to serve on an advisory body until one year after the expiration of their term of office. (Charter §409) Basic elements of the appointment process are as follows: 1. Each person seeking appointment or reappointment to an advisory body shall obtain and file an application in the Office of the City Clerk. Application may be made for a vacancy that currently exists or which may occur in the future. 2. Applicants should have read and become familiar with the contents of this handbook. 3. Applicants shall be interviewed by a Council Liaison Subcommittee (CLS) consisting of two Council Members. At the discretion of the CLS, interviews may be waived for those applicants designated by another agency or for applicants who have been interviewed previously for a vacancy on the same advisory body to which they’ve a pplied within the past year. The Chair of the advisory body is invited to participate in the interviews. The CLS will independently make the final nominee selection. If the Chair is unable to participate or is being considered for reappointment, the CLS may designate another representative to attend. The CLS shall submit recommendations for appointment to the entire Council. If a unanimous decision by the Subcommittee for recommendation to the full Council cannot be reached, the Council shall take a separate motion for each candidate proposed by each member of the CLS. 4. Applicants not appointed will be so advised and their applications held for no less than one year for consideration in the event of a future vacancy. 5. As a general policy, an applicant shall not be appointed to serve on more than one advisory body except that a member may also serve on one technical or special -purpose committee at the same time. Unless excepted as previously stated, if an applicant is appointed to another advisory body, he/she must immediately resign from one body upon being appointed to another. (Technical and special purpose committees are formed to address defined subjects. They frequently require members with specific areas of expertise.) 6. Liaisons to advisory bodies (i.e., the CLS) are selected annually by the full Council—usually in December. The Mayor and Vice Mayor shall submit recommendations to the full Council and rotate nominations for Council Liaison Subcommittees to provide an opportunity for 12.b Packet Pg. 167 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 7 | Page each member to serve as a liaison at least once on each advisory body when possible. When terms of office do not allow each member to serve once, members with greatest seniority shall have first right of selection. Automatic rotation for the technical and regional committees is not always followed, allowing Council Members to develop a higher level of expertise for some of the more complex committees, as well as continuity where appropriate. D. Oath of Office Following appointment and usually at the next meeting of the advisory body, the City Clerk, or designee, will administer the Oath of Office pursuant to the City Charter. The Oath may also be administered in the Office of the City Clerk. E. Orientation After the appointments are made by the Council, new appointees will be given a resource manual including a variety of introductory references to assist them in becoming more fully knowledgeable about City government. The department serving as staff support to a particular advisory body will coordinate and conduct an orientation with new appointees. Before or during that orientation, support staff will provide relevant documentation and background information about the specific advisory body upon which the new appointee shall serve. F. Term of Office The term of office for each appointee to an advisory body shall be from one year to a maximum of four years. The length of a term is dictated by the principle that no more than two terms on any committee will expire each year. This rule ensures continuity for all committees. Annual appointments commence on April 1st, appointments to unexpired terms begin the day the appointment is made by the Council. No appointee shall serve on the same advisory body for more than two consecutive, full terms (eight years), but may subsequently serve on another advisory body unless noted otherwise. Exceptions include the Board of Appeals, Housing Authority, and Jack House Committee. A mid-term appointment to a vacant seat on an advisory body shall not preclude the appointee from serving two additional consecutive full terms, provided that the initial, partial term served is less than one yearhalf of a full term. G. Removal from Office Members of advisory bodies serve at the pleasure of the Council and may be removed with out cause by Council action in an open public meeting. H. Vacancies Seats become vacant in two ways; they either expire at the end of the term or an “unscheduled” vacancy occurs when a member resigns during a term. The City Clerk’s Office will advertise in accordance with statutory requirements and a subsequent appointment shall be made consistent with the provisions set forth in Section C, above. J. Ethics and Conflict of Interest 1. The duties of an advisory body member shall be performed in good faith and in a manner which the member believes to be in the best interest of the City. 2. It is improper for any member of an advisory body to utilize, for personal pecuniary gain or in an otherwise self-dealing manner, any information which is received by reason of s aid membership and is not a matter of public record. 12.b Packet Pg. 168 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 8 | Page 3. No member of an advisory body shall have a material financial interest in any contract or other transaction involving that advisory body. The member shall promptly disclose such interest in any proposed activity of the advisory body and shall not participate in any related deliberations or actions of that body, nor vote on the matter. 4. Potential conflicts of interest may arise when an advisory body member serves on another board within the community and there is a clash of duties between the two positions, e.g. when one board exercises supervisory, auditory, or removal powers over the other. 5. The Political Reform Act of 1974, as amended (Government Code sections 81000-91014) and the City’s Conflict of Interest Code; (Resolution No. 10392 10582 (2014 Series 2012) require certain elected and appointed officials and designated employees to disclose certain personal financial holdings. Most of the City’s advisory bodies are solely advisory, meaning that final decisions are made by the City Council, and therefore are not required to file Statements of Economic Interest (Form 700). However, because the following advisory bodies have limited decision-making authority, they are required to file Form 700 with the Office of the City Clerk.  Architectural Review Commission  Cultural Heritage Committee  Housing Authority  Human Relations Committee  Investment Oversight Committee  Planning Commission  Promotional Coordinating Committee Filing dates for Form 700 are as follows:  Assuming Office Statement – Must be filed within 30 days of taking office.  Annual Statements – Must be filed by April 1st of each year.  Leaving Office Statement – Must be filed within 30 days of leaving office. 6. In addition to Conflict of Interest filing requirement, the following advisory board members are required to complete two hours of ethics training. For newly elected and appointed officials, the requirement is to receive this training within one year of assuming office and renew this training within two years of receiving the first training. The original proof of participation certificate, awarded after completion of the training, must be sent to the City Clerk.  Architectural Review Commission  Housing Authority  Planning Commission  Tourism Business Improvement District 7. Individual advisory body members should avoid making public comments on Council actions or public policies that might appear to represent the official position of their advisory body. Advisory body actions, with the voting of each member, are conveyed to the Council in the 12.b Packet Pg. 169 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 9 | Page form of official minutes or by resolution. The chairperson of an advisory body is the spokesperson for the advisory body. 8. Questions regarding possible ethical issues or conflicts of interest should be reviewed with the chairperson, City Attorney, or City Clerk, as appropriate under the circumstances, in advance of the subject meeting or discussion. K. Awards and Recognition The City Council values and appreciates each citizen who volunteers his/her time and energy t o serving the City on an advisory body. An annual appreciation event hosted by the City Council is one way in which appreciation is expressed for all advisory body members. When a member terminates service on an advisory body, the Council will recognize th at member’s contribution to the City through an appropriate expression of appreciation. If that advisory body wishes to make its own presentation to an outgoing member, the chairperson shall communicate with the City Clerk in order to avoid duplication of awards. 12.b Packet Pg. 170 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 10 | Page Section 2. How City Government Works A. City Charter San Luis Obispo is a "charter" City as contrasted to a "general law" City. Under California law, the authority of a general law City is derived only from the powers granted to it by the general laws adopted by the State Legislature pertaining to the organization and operation of a municipality, and from the police power granted to it by the State Constitution. On the other hand, a charter City's power is not defined or limited by the State's general laws. Instead, with respect to municipal affairs, a charter City's powers are defined by the City's own charter, subject only to the limitations of the State Constitution. As a result, charter cities usually have more operational latitude than do the more prevalent general law cities. A charter serves as the City's "constitution" and may only be amended by a vote of the people. San Luis Obispo's Charter was first adopted on May 1, 1876, and has been amended by popular vote on several subsequent occasions. In 1955, the Charter was amended to approve a Council- Mayor-City Manager form of government. The City’s organizational structure is outlined in the chart on the following page. B. City Council The City Charter provides for an elected, five-member City Council as the governing body of the City. Four Council Members serve staggered four-year terms (two are elected every two years). The fifth member is the Mayor who is elected for a two-year term. City Council elections are held in November of even numbered years. Regular Council meetings are held on the first and third Tuesdays of each month in the Council Chamber at City Hall. In addition, special meetings and study sessions are held from time to time as the need arises. The Mayor is the official spokesperson for the Council. The Council has the power to make and enforce all laws and regulations relating to municipal affairs, subject to the limitations of the City Charter, the United States and California Constitutions, and certain state statutes. Final decisions on City taxes and fees, budgets, City policies including the General Plan and land use issues, and other matters are made by the City Council. 12.b Packet Pg. 171 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) C. City Organization __________________________________________________________________________________________________________________ As shown on the Organizational Chart, the City Council is directly responsible to the citizens for the operation and well-being of the City. To carry out these responsibilities, the Council relies on: 1. The administrative skills of a City Manager 2. The legal advice of a City Attorney 3. The citizen advice rendered by advisory commission, committees, and boards. Citizens Mayor and City Council Advisory Bodies City Manager Utilities Public Works Police Parks and Recreation Human Resources Fire Finance and IT Community Development Administration City Attorney Elected Official Council Appointed City Manager Appointed 12.b Packet Pg. 172 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) D. Council-Appointed Officers City Manager: The City Charter requires the Council to appoint an executive to run the City’s day-to- day operations. The City Manager is appointed by and directly responsible to the Council for all City activities. The nine operational departments, through their directors or chiefs, are responsible to the City Manager. City Attorney: The City Attorney provides legal services and advice to the Council, the City Manager, departmental staff, advisory bodies and other City agencies or officials. The City Attorney represents the City in court, prepares ordinances and other legal documents, and prosecutes cases involving violations of City laws. The City Attorney is appointed by, and is directly responsible to, the Council. E. City Departments The following departments are directly responsible to the City Manager. Administration: The Administration Department is responsible for providing information and recommendations to the Council, implementing Council policies, and guiding the day-to-day operations of the City. In addition, the City Clerk, Economic Development, Natural Resources and Cultural Activities programs are carried out by staff in the Administration Department, under the supervision of the Assistant City Manager. The City Clerk provides a full range of services for the City Council, including preparation of the minutes, codifying ordinances, and conducting elections. The City Clerk also administers the advisory body appointment process. Economic Development provides staff support for two City advisory bodies, including the Promotional Coordinating Committee and the Tourism Business Improvement Board. The Natural Resources Program frequently makes presentations and seeks concurrence and recommendations from the Parks and Recreation Commission and the Planning Commission regarding conservation plans for City-owned open space areas. Community Development: The Community Development Department has four divisions, all under the direction of the Community Development Director who is appointed by, and is responsible to, the City Manager. The Long Range Planning Division is responsible for the preparation, maintenance, and implementation of the City’s General Plan and its various elements. The Development Review Division assists the community with land use issues, evaluates all types of development applications, and maintains the City’s development regulations. The Building and Safety Division administers state and local building codes and is responsible for ensuring safe and sound public and private construction. The Division is responsible for the enforcement of municipal, zoning and property maintenance requirements, State Housing and Building Codes, and State and Federal regulations pertaining to disabled accessibility. The Division issues building permits, reviews and approves building plans, and performs inspections of construction projects to insure code conformity. The Administration Division provides management and support for the three other divisions and is responsible for database and records management, organization development, human resource management, budgeting and resource allocation, contract and securities management, citywide addressing, committee and commission support, public Information and support services. 12.b Packet Pg. 173 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 1 | Page Finance & Information Technology: The Finance & Information Technology Department is responsible for billing and collecting all monies owed to the city which includes water and wastewater charges, business license fees and transient occupancy taxes. The department also processes payroll bi- weekly for all city employees and processes weekly payments to its vendors. The department also manages the City’s investments, provides centralized accounting, prepares all financial reports and develops the city’s short and long-term financial plans. Under the Charter provision that allows for combining positions, it is the Cit y’s longstanding policy that whomever the City Manager appoints as the Director of Finance & Information Technology also serves as City Treasurer. The Department is also responsible for managing information technology operations such as the City’s fiber optic network, data file servers, fixed and mobile computer workstations, fixed and mobile telephones along with multiple radio systems. An extensive Geographic Information System (GIS) is also provided and maintained by the department. The Department’s goals are: developing and implementing efficient and effective financial policies, plans and reporting systems that help the operating departments achieve their objectives and assure the City's long-term fiscal health; protecting the City’s assets from unauthorized use; effectively using the City's information technology resources in improving productivity, customer service and public access to City information; and providing quality service to all of the department’s customers-both external and internal to the organization. Fire: The San Luis Obispo City Fire Department is a progressive all -hazards, community- focused organization. Operating from four fire stations located throughout the City to decrease response times, highly trained fire companies respond rapidly and with compassion to help citizens, visitors, and business owners in need. While running in to burning buildings to save lives and property is a vital part of our tradition that lives on today, San Luis Obispo City responders are cross trained as paramedic to provide advanced life support; as hazardous materials technicians to mitigate dangerous leaks and spills; as urban search and rescue technicians to rescue people from trails, peaks, waterways, and industrial accidents; and as wild land firefighting experts to protect our community and preserve our beautiful coastal environment. These same responders partner with the department’s Fire Prevention staff to ensure buildings are constructed and maintained with citizen safety in mind and that fires are investigated to determine cause and prevent further loss. Fire Department members are also active in the community in an education role, regularly interacting with business owners and managers, children, and at-risk populations. Human Resources: The Human Resources Department conducts a comprehensive personnel management program to attract and retain competent City employees. The Director is responsible for recruiting, testing, classifying, evaluating and training employees, evaluating employee salaries, administering the City’s Personnel Rules and Regulations and Work Force Diversity Program, and directing the City’s Risk Management Program. The Director of Human Resources is appointed by, and is responsible to, the City Manager. Parks & Recreation: The Parks & Recreation Department programs recreational activities in City parks, facilities and open space. It consists of the following divisions: Administration, Facilities/Aquatics; the Laguna Lake Golf Course; Ranger Services; Recreational Sports; Community Services and Events and Youth Services. The Department serves all ages and abilities from young children to teens to boomers and seniors. Recreational activities range from after school childcare at local schools to the use of the Damon Garcia Sports fields to a range of activities at the Senior Center. The department facilitates contract classes, special events, the 12.b Packet Pg. 174 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 2 | Page City’s Public Art and Community Garden programs and the Santa Rosa Skate Park for local residents use and enjoyment. The department mission is to enhance and promote personal well- being and a sense of community. With the assistance of the Parks and Recreation Commission the Department evaluates the City’s policies for open space, parks and recreational facilities and actively seeks state and federal grants to help pay for projects consistent with the Parks and Recreation Element of the General Plan. Police: The Police Department has primary jurisdiction for the enforcement of state law within City of San Luis Obispo as well as certain ordinances included in the City’s municipal code. Additionally, the Police Department implements and manages programs designed to reduce crime, and partners with other City departments, government entities, stakeholder groups, and individual citizens to protect the quality of life in San Luis Obispo. This department is under the direction of the Chief of Police who is appointed by, and is responsible to, the City Manager. Public Works: The Public Works Department is responsible for two primary areas, Managing the Transportation Network and Building and Maintaining Public Infrastructure. Managing the Transportation Network, the Department is responsible for several elements which include: traffic signals and signage, traffic safety, traffic studies, traffic calmin g, street construction and maintenance, sidewalk maintenance, transportation and bike planning, bike facility development, bike parking, parking meters on-street, in public surface lots, and in three current structures, neighborhood parking districts, SLO Transit system, including buses, shelters and other transit facilities and bridges. Building and Maintaining Public Infrastructure includes; parks, street lights, urban forest, landscaped areas, storm water and flood control facilities, private development review and inspection, City buildings and facilities and City fleet. Several programs carry out the work of the Department, and the department is managed by the Public Works Director, who is appointed by, and is responsible to, the City Manager. Utilities: The Utilities Department provides essential services that support the community’s health, well-being, and quality of life. With an ethic of being efficient stewards of the community’s resources and environment, the department treats and distributes the community’s potable water and then collects, treats, and recycles the wastewater for beneficial uses. It believes in a culture of employee development, empowerment, innovation, and creativity. Its goal is to be a valued partner in ensuring the public health and safety of our community. The Utilities Department also manages the solid waste service franchise provided by San Luis Garbage Company. 12.b Packet Pg. 175 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 3 | Page Section 3. How Advisory Bodies Work A. Council Liaison Members Each year the Council selects two of its members to be “Liaison Members” to each advisory body. The primary responsibility of these subcommittees is to review applications of citizens who would like to serve on a particular advisory body and thereafter hold interview sessions and make recommendations to the full Council for final appointment. These Council Liaison members can be called upon to facilitate the flow of information between the Council and that advisory body. From time to time they may attend advisory body meetings. B. Bylaws and Procedures 1. Bylaws: Each advisory body has approved bylaws that set forth procedures, purpose, specific functions, meetings, officers, budget, etc. (Charter, Article XII, Section 1204). By May 1st of each odd-numbered year, the bylaws of each advisory body shall be reviewed by that body. Any proposed changes shall be submitted to the Council through the City Clerk for approval. If no changes are proposed, a report of the review shall be submitted. 2. Code of Ethics: Each body shall be governed by the City’s adopted Code of Ethics (Resolution No. 8313 [1994 Series]). 3. Parliamentary Procedures: All advisory body meetings shall be conducted in accordance with City practices and policies. Robert’s Rules of Order, Newly Revised, shall also be used as a guide in conducting meetings. Questions should be directed to the appropriate City staff. A quorum of the Committee shall be as stated in individually adopted advisory body bylaws or procedures. 4. Meetings & Events: All regular meetings shall be held at the established time and place set for that body, unless a change is approved by Council. Council may hold an event from time to time to recognize advisory body members. (See also Section 1 K). C. Continuity of Work and New Ideas 1. Continuity: There exists a pattern of continuing work for every advisory body in order that the needs of the community are served in a thoughtful yet expeditious manner. Advisory body chairpersons and the assigned professional staff are the responsible parties for establishing an even flow of work. New members to advisory bodies are expected to familiarize themselves with the workload. Normally, it will take new members a bit of time to develop a full understanding of their new work and confidence in their decision-making abilities. Staff members can be helpful with questions. 2. New Ideas: Advisory body members should view themselves as an extension of the abilities of the Council and staff to see and hear matters of importance in our community. Sometimes old policies and established ways of doing things need to be changed. Sometimes fresh ideas need to be given a trial. How does the process of developing a new “idea” work? a. Test the idea on friends; are reactions favorable? 12.b Packet Pg. 176 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 4 | Page b. Bring the idea to your advisory body under the portion of your agenda where individual member comments on items not on the agenda are entertained. If fellow members react favorably; the idea should be formalized in written form. c. At this point, the “cost” of the idea in terms of staff time and dollars must be evaluated. If staff sees the cost to be minor and the impact on City operations to be negligible, the idea can be agendized, discussed publicly and a final decision can be made for a recommendation to the City Council. d. Should the “cost” in staff time and money be deemed high, then the Council should be properly informed and budgeting and staff time approved before further action is taken by the advisory body? A good time for advancing new ideas is during the Financial Plan and City Goal Setting process, when advisory bodies are actively encouraged to offer such suggestions to the Council, as most of the resource decisions are made at that time. D. Communications 1. Written Reports: Advisory bodies are occasionally requested to make special reports or recommendations to the Council on specific subjects. The Council may make this request in writing, with specific direction as to the approach, scope, and schedule for the study desired. These recommendations often play a major role in assisting the Council to reach a final decision on important issues. a. Any recommendation or report from an advisory body is required to be in written form. If the matter is to appear on the Council agenda, the report must be submitted to the City Clerk no later than two weeks prior to the Council meeting at which the report is to be considered. This report becomes part of the record and is forwarded to each Council Member for review in advance of public consideration. b. Some advisory bodies may receive study or action requests from citizens or groups. These requests should also be presented in writing to the advisory body, which will then determine if the committee wishes to pursue that particular issue. The committee shall advise the Council of the request and the body’s determination for action. 2. Goals/Budget: Each advisory body shall prepare proposed major City Goals and Objectives in a manner established by the City Manager. The advisory body chairperson wi ll be responsible for speaking to this proposal when the Council conducts its goal setting in study session. The City Manager will notify the chairperson of time and place of such Council review. More detailed budget proposals will be made through advisory body staff, consistent with the budget schedule and process. 3. Statements: An advisory body does not have authority to speak for the City. If the body wishes to recommend that a statement be made, such as a letter written to state a position, it shall be submitted to and receive approval of the Council. 12.b Packet Pg. 177 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 5 | Page 4. Public Forums and Surveys: An advisory body shall not sponsor or co-sponsor a public forum, meeting or survey without the prior approval of the Council. 5. Personal Testimony: If a member of an advisory body appears before the Council (or another advisory body) in a capacity other than as representative of his/her body, it should be explained in advance that any statements made are not to be construed as representing the opinions or recommendations of the advisory body. 6. Changes: Changes in a member’s address or telephone number, and the names of new officers, shall be submitted to the City Clerk and advisory body staff liaison as soon as possible. 7. Quarterly Meetings: The Mayor shall meet quarterly with the chairpersons of all advisory bodies. The purpose shall be for informational updates and to encourage communication. Quarterly written reports shall be submitted at this meeting and are shared with all Council Members. The chairperson shall report back to the full committee at the next regular meeting. 8. Annual Report: Each advisory body is required by the Charter to submit to the Council by May 1st an annual report describing its activities and evaluating its progress for the year (Charter, Article XII, Section 1205). To provide more timely information to the Council, most Committees submit reports at the Mayor/Advisory Body Chairs Quarterly Meetings throughout the year, thereby fulfilling the Charter requirement. E. Role of City Staff Persons and Advisory Body Members Staff support and assistance is provided, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the City Manager and Council. The advisory body members are responsible for the functions of the advisory body and the chairperson is responsible for committee compliance with the policies outlined in this handbook. Staff support includes preparation of a summary agenda subject to approval by the chairperson, and preparation of agenda reports providing a brief background of the issue, a list of alternatives, recommendations and appropriate backup material, as necessary. Staff will assist advisory bodies in the conduct of public meetings and ensure that the business listed on the agenda is addressed. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues involved. The assigned staff person serves as Secretary, insuring that minutes are taken as needed. It is important that recommendations the advisory bodies wish to communicate to the City Council are made through adopted or approved Council agenda procedures. Staff members shall assist the advisory body chair to insure appropriate legal review or City and state legislation is complied with. F. Absences, Leaves of Absence, and Resignations 1. Attendance: If an advisory body member fails, for any reason, to attend three consecutive regular meetings or a total of six regular meetings within any twelve-month period, that member shall automatically be considered for replacement. The chairperson of the advisory body shall inform the Council, through the City Clerk, of such a situation, explaining any extenuating circumstances resulting in the absences. 12.b Packet Pg. 178 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 6 | Page 2. Absences: There shall be no “excused” absences. Because of quorum requirements, when an absence is anticipated, the individual advisory body member is responsi ble for notifying the chairperson or the secretary in advance and the absence shall be counted in that member’s attendance record. 3. Leaves of Absence: Leaves of absence are not granted to advisory body members except under very unusual circumstances and when authorized in advance by the Council. 4. Resignation: In the event a member finds it necessary to resign from an advisory body, a letter of resignation stating the effective date of the resignation shall be immediately directed to the Council through the City Clerk, with a copy forwarded to the chairperson of the advisory body. G. Functional Review 1. Election: When possible, in April, each advisory body, at its regular meeting, shall elect a chairperson and a vice chairperson. 2. Terms of Office: The term of office of a chairperson or vice chairperson shall be one year, commencing upon election. No person shall serve as chairperson or vice chairperson for more than two consecutive terms except if noted elsewhere under specific boards and commissions. Completion of a partial term of office as chairperson or vice chairperson shall not preclude an advisory body member from serving two additional consecutive full terms, provided that the partial term served is less than one year. 12.b Packet Pg. 179 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 7 | Page Section 4. The Brown Act A. Overview The State Legislature has declared that the actions of public bodies be taken openly and that their deliberations be conducted openly. California’s Ralph M. Brown Act (found in the Government Code Section 54950 through 54961), also known as the “open meeting law,” applies to all advisory bodies, and requires that they: 1. Meet within the jurisdictional limits of the City. 2. Post the agenda 72 hours before a regular meeting containing a brief general description of each item of business to be transacted or discussed. 3. Hold open and public meetings. 4. Give notice of the meetings to any requesting party at least 24 hours prior to the meeting. 5. Provide in bylaws or rules for time and place of regular meetings, if regular meetings are to be held. A meeting is defined as a gathering of a majority (quorum) of the advisory body for the purpose of discussing items before the body or conducting other business of the body. It is important to understand that the Brown Act generally prohibits any action or discussion of items not on the posted agenda. There are special posting requirements for advisory body agendas:  Regular Meetings – 72 hours in advance  Special Meetings – 24 hours in advance  Adjourned Meetings – a regular or special meeting may be adjourned to a specific time and place (usually to continue a public hearing or other business). A special notice is required and should be posted within 24 hours of adjournment. B. Brown Act Provides for Public Comments The Brown Act mandates that regular meeting agendas allow for two types of public comment periods. The first is a general audience comment period, where the public can comment on any item of interest that is within subject matter jurisdiction of the local agency and that is not listed on the posted agenda. This general audience comment period may come at any time during a meeting (§54954.3). The second type of public comment period is the specific comment period pertaining to items on the advisory body’s agenda. The Brown Act requires that the advisory body allow these specific comment periods on agenda items to occur prior to or during the advisory body’s consideration of that item (§54954.3), including consent calendar items. Public Comments at Special Meetings: The Brown Act requires that agendas for special meetings provide an opportunity for members of the public to speak about any item listed on the agenda prior to the advisory body’s consideration of that item (§54954.3). Therefore, for special meetings, advisory bodies must allow public comments for items on the agenda, however (unlike regular meetings), a public comment period for items not on the agenda is not required. 12.b Packet Pg. 180 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 8 | Page Limitations on Length and Content of Public's Comments: The Brown Act allows a legislative body to adopt reasonable regulations limiting total amount of time allocated for public testimony. In San Luis Obispo, the typical time limit for speakers is three (3) minutes. It is not permissible to prohibit public criticism of policies, procedures, programs, or services of the City or acts or omissions of the City (§54954.3(c)). This does not mean that a member of the public may speak on “anything.” If the topic is not within the subject matter jurisdiction of the advisory body, the Chair should remind the speaker to direct his/her comments to only those subjects within the advisory body’s purview. Common Questions about the Brown Act The following is intended to give advisory body members a broad understanding of the Brown Act. Please consult with the staff liaison, the City Clerk, or the City Attorney for more specifics. 1. What are serial meetings? A serial meeting is any direct communication amongst a majority of the members, outside of a meeting, to develop a collective concurrence as to action to be taken on an item by the members. Serial meetings are strictly prohibited by the Brown Act. Even though a majority of members never gather in a room at the same time, a Brown Act violation may occur if ideas are exchanged among the majority by going through any person acting as an intermediary (including staff), and/or through the use of a technological devices, e.g. telephone answering machine, computer email, or voice mail. 2. What are some examples of serial meetings? The most common example of a serial meeting is when “Member A” calls “Member B” and then “Member B” calls “Member C,” and so on to share ideas among a majority of the advisory body. Another example: A member of a five-member advisory body receives a letter regarding City business and writes a note on that letter that says "I agre e," and then provides a copy of the letter to two other members. Email can also be troublesome. Here’s an example of how easy it can be to unintentionally conduct a serial meeting: A staff member sends out via email a document in draft form for review by the advisory body prior to a meeting. “Member A” recommends to staff a revision and copies fellow advisory body members. “Member B” disagrees with the proposed change and others begin to “weigh in” on the subject. 3. This seems restrictive... aren’t there an y exceptions? Of course, prohibition against serial meetings does not prohibit all communication between individuals regarding City business. The Brown Act only prohibits use of serial meetings for the purpose of "developing a collective concurrence" concerning an issue. This does not prohibit a staff person from "briefing" members provided that the briefing is limited to 12.b Packet Pg. 181 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 9 | Page furnishing information, and the staff person does not solicit opinions concerning an appropriate course of action for City and then share them among the members. 4. What’s a Quorum? A quorum is the majority (more than half) of the total number of established members of the committee. A quorum must be present for any business discussion or action to take place. A quorum must be present for the duration of a meeting. If a member leaves during the meeting, resulting in the lack of a quorum, no further business may be conducted and the meeting must be adjourned. If vacancies exist on the advisory body, those vacant positions still count towards the quorum. For example, if one seat is vacant on a five-member body, and two members are absent there is not a quorum. 5. What are some exceptions to the Brown Act? Advisory body members may attend and/or participate in the following as long as a majority of the members do not discuss amongst themselves matters that are within the subject jurisdiction of the advisory body:  Informational or educational workshops or conferences  Community meetings, such as town hall meetings, workshops, forums, etc. not sponsored by the advisory body  A meeting of another body of the local agency  Social or ceremonial events. 6. Can an advisory body conduct a retreat? “Team building” or “goal setting” retreats may be held, but they must be held within the City, be properly noticed, and be open to the public. 12.b Packet Pg. 182 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 10 | Page Section 5. Tips for Being an Effective Advisory Body Member A. Understanding Your Role and Scope of Responsibility After appointment by the Council, the City Clerk will present new advisory body members with a useful binder of information about the City, which includes this handbook. In addition, the City staff member designated to serve in support of your advisory body will schedule an orientation appointment with you. This is your chance to learn more about City government and the scope of responsibility of the advisory body to which you have been appointed. In addition to reading this Handbook (which will answer many of your questions), start preparing for your new role by: 1. Reviewing the City’s Mission Statement, Organizational Values, and your advisory body by- laws. 2. Reading the other information provided to you in your orientation binder about the City and your specific advisory body. Keep the binder handy for easy reference and review. 3. Getting to know fellow advisory body members and staff. Learn the history and “language” of your advisory body. Ask about upcoming issues. 4. Considering meeting with the Chair of your advisory body and/or a Council Liaison to learn more about your role and to understand expectations. This will help you focus in on the “big picture” and how you fit in. 5. Becoming familiar with basic meeting management and diplomatic decision-making procedures. 6. Attending training programs and workshops offered to you by the City. B. Prepare Ahead for Meetings Most citizens understand when they apply to serve on an advisory body that they will be making a commitment of time to attend meetings, but many are often surprised by the amount of time it takes to prepare properly for a meeting. Being prepared is key to making good decisions and will strengthen the value of your advisory body’s recommendations. 1. Do your homework! This involves setting enough time aside to review thoroughly and consider the entire agenda packet. 2. When you receive your agenda packet, read it carefully. Be prepared to discuss fully, evaluate, and act on all matters scheduled for consideration. Think about: a. The number of items. b. Those items that may be controversial. c. Difficult procedural items. d. Issues you know little about. 12.b Packet Pg. 183 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 11 | Page 3. Visit any sites or facilities that will help you understand the issues. 4. Start a list of questions for staff. 5. Call or meet with staff before the meeting to learn more, if need be. Getting more information ahead of time may make your decision-making easier and help move the meeting. Your questions may also alert staff to issues that others may also be pondering. Advance knowledge assists staff with preparing oral reports and adequately addressing the issues during the meeting. 6. Show up on time and be ready to work. (It’s also helpful to be well rested!) C. Develop Positive Relationships Being selected by the City Council to serve on an advisory body is a high honor and provides a unique opportunity for genuine public service. Open, honest and supportive relationships with the City Council, with City staff and fellow members of your advisory body will ensure your success and effectiveness. 1. The proper channel to contact City staff on items of consideration is through the designated City staff person providing support to your advisory body. 2. Demonstrate respect to your fellow advisory body members by being a good listener, by communicating honestly, and by being dependable. 3. Adopt a positive attitude and become a problem-solver. 4. If you have a new idea, propose it to the group as a whole. (See also Section 3.C.2, Continuity of Work and New Ideas.) 5. If friction develops, individuals should make every attempt to clarify differences and make certain that clear communication is taking place. The public meeting should not be used to express anger or disagreement. 6. If differences cannot be resolved, consider consulting with the appropriate individual/s next in line in the “chain of command”: 1) Staff Liaison or Chair, 2) the Department Head, 3) City Manager or Council Liaison. E. Encourage and Honor Public Participation Some advisory body meetings are well attended by the public and others are not. Nevertheless, it’s important to remember that everyone is entitled to his or her own opinions. Some members of the public are quite used to speaking before a public body, but most are not. Individuals may address the advisory body to either present an issue or concern, or to speak for or against an item. This may be the first time they have ever done this, and they may find the experience intimidating. Anxiety can be expressed in a variety of ways, including aggressiveness or forgetfulness, so be patient and remember to: 1. Be fair and consistent. 12.b Packet Pg. 184 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 12 | Page 2. Pay attention to all speakers and actively listen to what they are saying. 12.b Packet Pg. 185 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 13 | Page 3. Ask questions for clarification, but avoid debate or “cross-examining.” 4. Be sure that your body language is not sending mixed or negative messages. 5. See also this section H: Special Tips for the chairperson. F. Respect Individual Viewpoints Although it may seem like this tip could simply go unsaid, it is important to remember it (especially when you feel very strongly about a matter): Treat fellow members of your advisory body, staff, and the public with respect and courtesy at all times. 1. Allow others time to present their views fully. 2. Actively listen and seek to understand. 3. Avoid interrupting others. 4. Be open to new ideas. 5. Explore alternatives. 6. When necessary, agree to disagree. G. Communicate Effectively Advisory body members serve as a communications link between the community, staff, and City Council. You provide a channel for citizen expression. Not only is it important for you to listen carefully to others, but you also need to be able to communicate effectivel y what you are hearing and thinking. 1. Take notes to remind yourself of questions you want to ask or important comments you wish to make. 2. Be direct, open, and forthright. 3. Provide rationale for opinions or recommendations. 4. Stay on topic. 5. Take your charge seriously, but maintain composure and keep your sense of humor. 6. When speaking to the public and/or press, be sure you are representing the majority views of your individual advisory body. Personal opinions should be clearly identified as such. 7. Speak clearly and be sure people can hear you. 8. If you wish to communicate using electronic mail (email), use the tool wisely. It is easy to unintentionally violate the Brown Act, so certain caution must be exercised when using email. (See Section 4, Common Questions about the Brown Act.) 12.b Packet Pg. 186 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 14 | Page H. Special Tips for the Chairperson The chairperson’s main role is to provide the advisory body with group direction and to set the tone for meetings. The Chair must balance being strong enough to move the meeting along and democratic enough to involve all members in the meeting. The effective chairperson: Remembers to explain the public participation process to the audience. (For example: “The commission will hear first from staff who will present the staff report. Commission questions to staff will follow and then the floor will be open to the public, who may comment on the matter. Following public comment, the matter will come back to the commission for our deliberation and action.”) 1. Announces each item before discussion begins. 2. Is even-handed and fair to all participants. 3. Observes specified time limits. 4. Protects commissioners and staff from verbal attacks. 5. Solicits opinions, feelings, and positions from all members. 6. Encourages the generation of alternative solutions. 7. Protects new thoughts from being rejected prior to fair evaluation. 8. Discourages finger pointing and blame-orientated statements or questions. 9. Keeps the discussion focused on the issue. 10. Delays evaluation and analysis of alternatives until all are on the table. 11. Guides the process of screening alternatives and selecting the solution. 12. Attempts to obtain consensus. 13. Moves the meeting along and does not let the advisory body drift off the subject at hand. I. Managing Difficult Meetings Here are some additional tips for managing any meeting, but particularly the difficult ones: 1. Encourage the designation of a spokesperson for any groups. 2. Ask staff to make sure there are plenty of extra agendas and staff reports. 3. Establish and announce rules before the meeting begins. 4. Introduce each item and possible actions. 12.b Packet Pg. 187 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 15 | Page 5. Try not to waste time on routine items. 6. Encourage speakers to address the advisory body and not the audience. 7. Discourage clapping and shouting. 8. Use recesses to help diffuse hostility. 9. Adhere to speaker time limits. 10. If you don’t already, use speaker slips/cards. 11. Make sure that all advisory body members are addressing each other, through you, and not the audience. 12. Consider continuing an item for further discussion if it appears consensus may not be reached. 12.b Packet Pg. 188 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Advisory Body Handbook September 15, 2015 City of San Luis Obispo 16 | Page Section 6. Advisory Body Bylaws Permanent advisory bodies are established by the City Council by either ordinance or resolution. Membership is defined in the enabling legislation and all members are appointed by the Council. Members are selected:  On the basis of interest, experience and knowledge in the field pertinent to the committee.  To represent a particular segment of the community (student, elderly, disabled).  From a broad representation of community interest and expertise. Most advisory bodies meet regularly at established times. Some advisory bodies are defined as technical or special-purpose. They may meet regularly or only when projects or proposals require their attention. 12.b Packet Pg. 189 At t a c h m e n t : b - A d v i s o r y B o d y H a n d b o o k ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Architectural Review Commission Bylaws MEMBERSHIP The Architectural Review Commission (ARC) has seven members. Members must be residents and registered voters of the City. The only special qualifications for membership are a proven interest in the City’s physical environment and the ability to make positive and fair aesthetic evaluations. ARTICLE 1. MEETINGS 1A. Regular meetings shall be held at 5:00 p.m. on the first and third Monday of each month. 2B. Agenda items shall be completed by 9:00 p.m. unless the consent of a majority of Ccommissioners agree to extend the meeting. 3C. Regular meetings shall be held in the Council Hearing Room, City Hall, 990 Palm Street, San Luis Obispo, California. 4D. In the event that the Architectural Review Commission desires to hold all or any portion of a regular meeting at a place other than the City HallCouncil Hearing Room, then the place of such meeting shall be posted on the doors of the Council Hearing Room prior to the time designated for the meeting in accordance with law. ARTICLE 2. ELECTION OF OFFICERS 1A. The Ccommission shall select a Chairperson and Vice-Chairperson from among its members to serve for a one-year term beginning April 1st of each year. 2B. Commissioners shall serve as Chairperson or Vice-Chairperson at the discretion of the Commission. 3C. The Chairperson shall preside at all meetings of the Ccommission. The Vice- Chairperson is Chairperson in the absence of the Chairperson or in case of inability of the Chairperson to act. 12.c Packet Pg. 190 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) ARTICLE 3. CONDUCT OF MEETINGS 1A. Commissioners should address questions through the Cchairperson. 2B. Members of the audience should address Ccommissioners or other persons present through the Cchairperson. 3C. 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: a1. The Chairperson shall introduce the items and ask for oral staff reports. b2. The staff report previously submitted to the Architectural Review 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. c3. The applicant shall be invited to make a presentation on behalf of the request. d4. Members of the public wishing to speak in favor or in opposition of the application shall be invited to make a presentation. e5. The public hearing shall be closed to the public and discussion confined to members of the Ccommission; provided that the Ccommission may reopen the public hearing at any time prior to a decision on an item on an affirmative vote if the majority of those members present. f6. The Commission, upon formal motion, shall take action on the proposal. The Chairperson shall inform the applicant and public of the right of appeal and procedures for filing such an appeal. ARTICLE 4. QUORUM 1A. Four members of the Ccommission constitutes a quorum for the transaction of business. 2B. No approval or other action of the Ccommission shall become effective without receiving the affirmative vote of a majority of the members present. 12.c Packet Pg. 191 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) ARTICLE 5. VOTING 1A. Except as otherwise provided in the San Luis Obispo Municipal Code and state law, no motion or any other action shall be passed or become effective without receiving the affirmative vote of at least a majority of members present. 2B. Failure to receive such an affirmative vote shall result in failure or denial, as appropriate, of the motion or other action. 3C. 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. 4D. All members, when present, must vote except when refraining from participating due to a potential conflict of interest. 5E. Commissioners not supporting a motion for project approval shall summarize the reason for their vote. ARTICLE 6. PUBLIC RECORDS 1A. Records of all public hearings shall be made available to the public in the office of the Community Development Department. 2B. Secretary Duties: The secretary shall be a representative of the Community Development Department, and shall keep minutes of each meeting and shall record the official action taken. The records of all proceedings and the basis for all findings shall be available to the Ccouncil and to the public. ARTICLE 7. ATTENDANCE 1A. Any member of the Architectural Review Commission who fails, for any reason, to attend three (3) consecutive regular, adjourned regular, or specially-scheduled (excluding Commission site visits) meetings, or a total of six (6) such Commission meetings within any 12 month period, shall be reviewed by the Chairperson for possible referral to the City Council. ARTICLE 8. FILLING VACANCIES AND REMOVAL OF MEMBERS 1A. Vacancies shall be filled for unexpired terms. The Council, by majority action, may remove any Ccommissioner as provided in the City Charter. 12.c Packet Pg. 192 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) ARTICLE 9. RULES, REGULATIONS AND PROCEDURES 1A. The Ccommission may adopt rules, regulations and procedures as required for the transaction of its business. These rules shall become effective upon approval of the Ccouncil. (LAST REVISED XX/XX/XXXX) 12.c Packet Pg. 193 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Bicycle Advisory Committee Bylaws ARTICLE 1. PURPOSE The purpose of the Bicycle Advisory Committee is to provide oversight and policy direction on matters related to bicycle transportation in San Luis Obispo and its relationship to bicycling outside the City. ARTICLE 2. COMMITTEE MEMBERSHIP AND TERMS OF OFFICE The Bicycle Advisory Committee shall have seven members appointed by the City Council to staggered terms of four years. Members must be residents and registered voters of the City. Committee members will serve at the pleasure of the City Council. Any Committee member may be reappointed, provided no appointee serves more than two consecutive four-year terms. terms (8 years). A member who has served two consecutive four-year terms eight years can be reappointed after a one year absence from the Committee. ARTICLE 3. OFFICERS The officers will consist of a Chairperson and Vice-Chairperson who will be elected annually at a regular Committee meeting in each calendar year. The Chairperson will preside over all meetings of the Committee and perform such duties as directed by the Committee. The Vice-Chairperson will serve in the absence or incapacity of the Chairperson. ARTICLE 4. MEETINGS 1A. The Committee will hold a regular meeting at least quarterly. The meetings are generally held the third Thursday of every other month (January, March, May, July, September and November) at 7:00 p.m. in the Council Hearing Room, City Hall, 990 Palm Street, San Luis Obispo, California. All meetings will be open to the public. 2B. 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. 3C. A quorum will consist of a majority of established Committee members. 4D. All actions of the Committee will be decided by a majority vote or consensus and will be directed through the ChairpersonCommittee chair. 5E. 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. 12.c Packet Pg. 194 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) 6F. Any member with a declared conflict of interest will not vote or participate in any discussion of any item or in any manner attempt to influence the decision on that item. ARTICLE 5. SUBCOMMITTEES Subcommittees consisting of less than a quorum of the Committee can be appointed as needed by the Chairperson. ARTICLE 6. ADVISORY BODY POLICIES The Committee adopts and incorporates by reference all policies as stated in the City of San Luis Obispo Advisory Body Handbook that are not in conflict with these bylaws. (LAST REVISED XX/XX/XXXX) 12.c Packet Pg. 195 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Citizens' Revenue Enhancement Oversight Commission Bylaws MEMBERSHIP The Citizens’ Revenue Enhancement Oversight Commission (REOC) has five members. Members must be residents and registered voters of the City. When recruiting members, the City seeks members that have experience with finance, budgeting, or municipal accounting, though this is not a requirement of membership. ARTICLE 1. MEETINGS 1A. The REOC shall meet a minimum of four times per year to conduct its business. 2B. REOC regular meetings will follow the diagram below and be integrated into the City’s budget processes for the two-year financial plan, fiscal year-end, and financial plan supplement. Meeting dates may change from year to year according to the actual budget schedule. 3C. Agenda items shall be completed by 9:00 p.m. unless the consent of a majority of cCommissioners agree to extend the meeting. 12.c Packet Pg. 196 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) 4D. Regular meetings shall be held in the Council Hearing Room, City Hall, 990 Palm Street, San Luis Obispo, California. 5E. Special meetings may be called by a majority of the REOC, or by City staff in consultation with the Chairperson, if additional meetings are necessary to accomplish the purpose and duties of the Commission. 6F. In the event that the REOC desires to hold all or any portion of a regular meeting at a place other than the Council Hearing Room, then the place of such meeting shall be posted on at the doors of the Council Hearing Room prior to the time designated for the meeting in accordance with law. ARTICLE 2. ELECTION OF OFFICERS 1A. The Ccommission shall select a Chairperson and Vice-Chairperson from among its members to serve for a one-year term beginning with the first meeting following the start of each fiscal year (July 1). 2B. Commissioners shall serve as Chairperson or Vice-Chairperson at the discretion of the Commission. 3C. The Chairperson shall preside at all meetings of the Ccommission. The Vice- Chairperson is Chairperson in the absence of the Chairperson or in case of inability of the Chairperson to act. ARTICLE 3. CONDUCT OF MEETINGS 1A. Commissioners should address questions through the Cchairperson. 2B. Members of the audience should address cCommissioners or other persons present through the Cchairperson. 3C. Procedure for reviewing public hearing items: After roll call the Chairperson shall announce to the public the procedures to be followed to consider the items listed on the agenda and then proceed as follows: a1. The Chairperson shall introduce the items and ask for oral staff reports, as appropriate. b2. The staff report previously submitted to the REOC shall be placed into the record with all communications received regarding the item. Staff reports shall be submitted for all public hearing items in a form acceptable to the Commission. c3. Members of the public wishing to speak on the topic of the agenda item shall be invited to make a presentation. Public comment shall be accepted 12.c Packet Pg. 197 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) for agenda items that are listed as presentations, business items, or public hearings. d4. Following public testimony on an agenda item, the public hearing or public testimony portion of the meeting shall be closed to the public and discussion confined to members of the Ccommission; provided that the Ccommission may reopen the public hearing or invite additional testimony at any time prior to a decision on an item on an affirmative vote of the majority of those members present. e5. The Commission, upon formal motion, shall take action on the item or recommendation. ARTICLE 4. QUORUM 1A. Three members of the Ccommission constitutes a quorum for the transaction of business. 2B. No action of the Ccommission shall become effective without receiving the affirmative vote of a majority of the members present. ARTICLE 5. VOTING 1A. Except as otherwise provided in the San Luis Obispo Municipal Code and state law, no motion or any other action shall be passed or become effective without receiving the affirmative vote of at least a majority of members present. 2B. Failure to receive such an affirmative vote shall result in failure or denial, as appropriate, of the motion or other action. 3C. 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. 4D. All members, when present, must vote except when refraining from participating due to actual or potential conflict of interest. 5E. Commissioners not supporting a motion for action shall summarize the reason for their vote. 12.c Packet Pg. 198 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) ARTICLE 6. PUBLIC RECORDS 1A. Records of all public hearings shall be made available to the public in the office of the City Clerk. 2B. Secretary Duties: The secretary shall be a representative of the City Clerk’s Office, and shall keep minutes of each meeting and shall record the official actions taken. The records of all proceedings shall be available to the Ccouncil and to the public. ARTICLE 7. ATTENDANCE 1A. Any member of the REOC who fails, for any reason, to attend three (3) regular, adjourned regular, or specially-scheduled meetings, within any 12 month period, shall be reviewed by the Chairperson for possible referral to the City Council. ARTICLE 8. FILLING VACANCIES AND REMOVAL OF MEMBERS 1A. Vacancies shall be filled for unexpired terms. The Ccouncil, by majority action, may remove any Ccommissioner as provided in the City Charter. ARTICLE 9. RULES, REGULATIONS AND PROCEDURES 1A. The Commission may adopt rules, regulations and procedures as required for the transaction of its business. These rules shall become effective upon approval of the Ccouncil. (LAST REVISED 04/21/2015) 12.c Packet Pg. 199 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Construction Board of Appeals Bylaws MEMBERSHIP The Board consists of seven members. Members must be residents and registered voters of the City pursuant to the City of San Luis Obispo City Council Policies & Procedures Manual. Five of the seven members shall be qualified by experience and training to pass on matters pertaining to building construction and building service equipment, hazards of fire, explosions, hazardous conditions or fire protection and who are not employees of the City. Two members of the Board shall be physically handicappeddisabled persons, as defined in the adopted California Building Code. Board members may serve simultaneously on other non-technical City advisory bodies pursuant to the City of San Luis Obispo City Council Policies & Procedures Manual. ARTICLE 1I. FUNCTIONS The Construction Board of Appeals is established to provide the following functions: The Construction Board of Appeals is established as a forum for those seeking relief from the strict application of the provisions of the City’s adopted Uniform Code, as follows: 1A. To determine the suitability of alternate materials, methods of construction, and other specifications set out in the City’s adopted Uniform Codes. B. To interpret reasonably the provisions of the City’s adopted Uniform Codes. 2. To interpret the provisions of the City’s adopted Uniform Codes and to hear and decide appeals of orders, decisions or determinations made by the Chief Building Official, Code Official or Fire Marshall relative to the application and interpretations of the adopted Codes of Title 15. 3. To conduct hearings and provide the second level of administrative review for contested Administrative Citations issued pursuant to the adopted codes of Title 15 or otherwise issued by the Chief Building Official. To serve as the Housing Appeals Board required under California Health & Safety Code section 17920.6, and to also serve as the appeals body for any other adopted codes found within Title 15 of the San Luis Obispo Municipal Code, including disability access requirements imposed by the California Building Standards Code and the California Health & Safety Code. ARTICLE 2II. MEETINGS 1A. Meetings shall be on call of the Chief Building Official on at least three days' public notice given in a form acceptable to the City Clerk. 2B. Meetings shall be held in the Council Chamber, City Hall, 990 Palm Street, San Luis Obispo, California, or at a location otherwise noticed. 3C. In the event the Board desires to hold all or any portion of a meeting at a place other than the City Hall, then the place of such meeting shall be posted on the 12.c Packet Pg. 200 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) bulletin board located at the entrance to City HallCouncil Chambers prior to the time herein designated for such meetings in accordance with law. ARTICLE 3III. OFFICERS A. Officers of the Board shall be a Chairperson and a Vice Chairperson. B. Offices shall be filled from appointed members by written ballot of the voting membership. C. Election of officers shall be held annually at the first meeting held after April 1. ARTICLE 4IV. DUTIES OF THE CHAIRPERSON The Chairperson shall preside at all meetings of the Board. The Chairperson shall preserve order and decorum at all meetings, shall vote on all questions and announce the Board’s decisions on all subjects. ARTICLE 5V. DUTIES OF VICE CHAIRPERSON The Vice Chairperson shall act as Chairperson during the temporary absence or disability incapacitation of the Chairperson. ARTICLE 6VI. DUTIES OF THE SECRETARY A. In the event the Chairperson and Vice Chairperson are absent, the Secretary shall call the meeting to order and the Board shall elect one of its members to act as Chairperson pro tempore. B. It shall be the duty of the Secretary to keep full, true and correct records of the action of the Board and provide each member of the Board with minutes of each meeting. C. The Secretary shall transmit copies of decisions and written findings to the City Council. D. Minutes will be submitted to the Board for approval at the next meeting. E. The Secretary shall prepare an agenda for each meeting. ARTICLE 7VII. CONDUCT OF MEETINGS A. Board members should address questions through the Chairperson. B. Members of the audience should address Board members or other persons present through the Chairperson. 12.c Packet Pg. 201 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) ARTICLE 8VIII. QUORUM A majority of the number of established Board members shall constitute a quorum for the transaction of business. ARTICLE 9IX. VOTING A. The vote on all motions making recommendation to the City Council shall be by resolution, and a roll call vote shall be taken for the ayes and noes prior to the consideration of the next order of business. All other motions may be by voice vote. B. Failure of any motion resolution or other action to receive three affirmative votes shall result in failure or denial of the motion, resolution or other action. ARTICLE 10X. AGENDA In order for items and materials to be included on an agenda or to be acted upon by the committee, they must be submitted to the Secretary of the Board at least ten (10) days prior to the date on which said request will be considered by the Board. Such request must be made in writing setting forth the following: A. The applicable Code provision. B. The nature of the requested change or interpretation. C. The reasons for the change or interpretation. ARTICLE 11XI. REFERRAL TO CITY COUNCIL After the conclusion of the hearing on the request, all decisions and findings shall be made in writing to the City Council with a duplicate copy to the appellant. The Board may recommend such new legislation as may be necessary. (LAST REVISED XX/XX/XXXX) 12.c Packet Pg. 202 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) DRAFT SAN LUIS OBISPO CONSTRUCTION BOARD OF APPEALS MINUTES 919 Palm Street, San Luis Obispo, California 93401 March 26, 2015 CALL TO ORDER: 3:00 p.m. ROLL CALL: Present: Vice-Chair Niel Dilworth, Member Rebecca Jansen, Member Matthew Quaglino, Member James Thompson, Chair Robert Vessely Absent: Member Denise Martinez, Member Stacy Neely Staff: Interim Chief Building Official Anne Schneider, Code Enforcement Officer Cassia Cocina, Building and Safety Supervisor Rafael Cornejo, Code Enforcement Officer James Stephens, City Attorney Christine Dietrick (arrived at 4:35 p.m.), Assistant City Attorney Jon Ansolabehere, Recording Secretary Erica Inderlied MINUTES: Minutes of July 29, 2014, were approved as presented. PUBLIC COMMENTS ON NON-AGENDA ITEMS: There were no comments from the public. DISCLOSURES Assistant City Attorney Ansolabehere disclosed that, as his role is that of attorney to staff only, he had had no communication with Board Members regarding items on this agenda. PUBLIC HEARINGS: 1. 1353 Higuera Street. Appeal Hearing for Building Code Violations; R-2 zone; Maria Hutkin, Attorney for William Austin, Property Manager for JKJ Farms LLC, property owner and appellant. Anne Schneider, Interim Chief Building Official, presented the staff report, recommending that the Building Construction Board of Appeals deny the property owner’s appeal and uphold the City Community Development Director’s decision to uphold the Notice of Violation, based on findings which she outlined. 12.c Packet Pg. 203 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Draft CBOA Meeting Minutes March 26, 2015 Page 2 In response to inquiry from Members Vessely and Jansen, Interim Chief Building Official Schneider clarified that the “permit for” section was left blank on key permits for the property, and that no records documenting the origin of the second story exist. In response to inquiry from Member Quaglino, staff clarified that the second story is accessible via both interior and exterior staircases, that which owner performed the work is unknown due to the County Assessor’s practice of redacting all but the most recent set of assessment data, that City staff was not able to inspect the secondary unit at the rear of the property, and that no safety inspection was made because the issue is irrelevant until legality is established. In response to inquiry from Chair Vessely, Interim Chief Building Official Schneider clarified that only the property owner may obtain prior, unredacted assessment data from the County Assessor. Assistant City Attorney Ansolabehere noted that, when approached by the City about the issue, County legal staff did not supply their rationale for the practice. Maria Hutkin, attorney for the appellant, commented that the Notices of Violation issued for the property relate only to unpermitted work, not unsafe conditions; stated that assumptions had been made in the absence of information , and asserted that there are only two dwelling units on the property. Hutkin submitted a letter from a licensed contractor stating that the construction at the site is building code-complaint. Hutkin indicated the appellants’ position that, as the 1926 Sanborn maps depict both the front and rear structures now used as dwelling units, there is no clear indication that both dwelling units have not been in existence since that time. Hutkin stated that the owners bought the property as-is; requested continuance of the hearing to allow the owner to attempt to obtain unredacted assessment records. William Austin, property manager for appellant owner, clarified that City staff had been denied access to the rear dwelling unit due to legal notificati on requirements for the tenants; stated that, to the owners’ knowledge, the upstairs construction was performed over 20 years ago, and that the primary and secondary units were constructed at the same time. PUBLIC COMMENTS: Brock Miller, neighboring property owner, noted his observation of a high number of occupants at the subject property; stated that the occupants of the structure have introduced more vehicles to the neighborhood than the street has the capacity for. There were no further comments from the public. COMMISSION COMMENTS: In response to inquiry from Member Quaglino, Interim Chief Building Official Schneider clarified that the third structure on the property is not a garage , as it appears externally, 12.c Packet Pg. 204 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Draft CBOA Meeting Minutes March 26, 2015 Page 3 but a laundry and storage area likely too small for a car. William Austin stated that the electrical permit on record is for the washer in the garage. In response to inquiry from Vice-Chair Dilworth, Interim Chief Building Official Schneider stated that the incompleteness of the City’s building record when compared to the assessment records is not relevant, as the two sets of data record different events, for different purposes. In response to inquiry from Board Member Jansen, Interim Chief Building Official Schneider clarified that the issue of potentially illegal dwelling units at the site had been reported by Utilities Department staff, and that multiple units may share one meter if all are legal; stated that multiple complaints about the property had accumulated, triggering code enforcement In response to inquiry from Chair Vessely, Code Enforcement Officer Stephens indicated that he had personally observed the front and driveway side of the property; Code Enforcement Officer Cocina indicated that she had been inside the primary dwelling unit. Chair Vessely stated that the letter "A" drawn on the rear secondary unit on the Sanborn Map stands for “automobile,” meaning that the structures was intended for use as a garage. Interim Chief Building Official Schneider clarified that the terminology used by staff to distinguish the structure, i.e. “shed,” comes from assessment data. Vessely commented that assessment data appears to show architecture of “1 ½ stories,” indicating that it was recognized as such some time before 1946. In response to inquiry from Chair Vessely, Maria Hutkin confirmed the appellant owners’ willingness to obtain permits to remodel the second story in a manner which will prevent its use as a dwelling unit, removing kitchen appliances and installing a single, code - compliant bathroom; William Austin stated that the City would be allowed ac cess to the rear secondary unit, but Hutkin declined to commit the owners to the preparation of plans for the unit, pending determination of its legality. In response to Chair Vessely, Interim Chief Building Official Schneider clarified that establishing the potential legality of the secondary unit involves an array of development standards other than building code, such as zoning and lot size; Assistant City Attorney Ansolabehere clarified that, while the City must legally allow secondary units, compliance with development standards must still be achieved and has yet to be examined. Building and Safety Supervisor Cornejo clarified that “legal non -conforming” means that construction was permitted (legal) but does not conform to contemporary codes (non - conforming), and that, if a permit is issued for existing construction, the existing construction must be treated as new. 12.c Packet Pg. 205 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Draft CBOA Meeting Minutes March 26, 2015 Page 4 Vice-Chair Dilworth commented on the dilemma of rendering decisions in the absence of complete documentation. Maria Hutkin concurred, stating that if “legal non- conforming” means work was legal when constructed, further determinations cannot be made if the date of construction is unknown. Chair Vessely stated that it appears that, in the absence of information, the owner assumes work was permitted, while the City assumes it was not. Interim Chief Building Official Schneider clarified that, as the appeal is based on the claim that no violation exists, the issue before the Board is whether a violation does exist; if not, the next step cannot be taken to determine how to correct. Assistant City Attorney Ansolabehere clarified that staff would prefer to work with applicant to achieve compliance than to pursue code enforcement, but that the Board must find that there is a violation before staff can proceed. Maria Hutkin stated that a finding of violation begins a timeline for fines and administrative abatement proceedings, which is why the appellants request continuance instead. In response to comment from Chair Vessely, Hutkin confirmed that the appellants are willing to assume the burden of establishing that the rear secondary unit is legal. In response to inquiry from Member Thompson, Maria Hutkin clarified that none of the property’s compliance issues would prevent its sale. Motion by Member Quaglino to continue the item up to 6 months to allow plans to be drawn for bringing the primary unit into compliance, and either establish that the rear dwelling unit is legal, or submit plans to bring it into compliance. Motion died for lack of a second. Assistant City Ansolabehere commented that the motion resembles the existing code enforcement process, in that if a violation is found to exist, staff will work with the owners to achieve compliance. Interim Chief Building Official Schneider stated that a finding of violation would allow the City to either pursue or not pursue formal code enforcement , and that such a finding is necessary for staff to pursue an Abatement Agreement, which is a negotiated document containing no penalties, just timeframes for compliance. There were no further comments from the Board. On motion by Member Quaglino, seconded by Vice-Chair Dilworth, to continue the item for four months. AYES: Members Dilworth, Jansen, Quaglino, Vessely NOES: Member Thompson RECUSED: None ABSENT: Members Martinez, Neely 12.c Packet Pg. 206 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Draft CBOA Meeting Minutes March 26, 2015 Page 5 The motion passed on a 4:1 vote. City Attorney Dietrick arrived at 4:35 p.m. Code Enforcement Officer Stephens left the meeting at 4:35 p.m. COMMENT AND DISCUSSION: 2. Staff: a. Presentation of Revised By-Laws Assistant City Attorney Ansolabehere summarized the staff report, recommending that the Board recommend the City Council approve revisions to the Board’s bylaws, noting that staff no longer recommends the proposed addition to Article III Section B., which would unnecessarily duplicate language from the California Building Code prescribing that the Chief Building Official shall be an ex-officio member of the Board. In response to comment from Chair Vessely, City Attorney Dietrick stated that Article II Section B. can be made more accurate by adding the language “…or at a location otherwise noticed.” On motion by Vice-Chair Dilworth, seconded by Member Quaglino, to recommend the City Council approve revisions to the Board’s bylaws as presented in staff’s report, with the following amendments: 1. Revise Article II Section B. to read “Meetings shall be held in the City Hall, 990 Palm Street, San Luis Obispo, California, or at a location otherwise noticed.” 2. Eliminate the language proposed for addition to Article III Section B. AYES: Members Dilworth, Jansen, Quaglino, Thompson, Vessely NOES: None RECUSED: None ABSENT: Members Martinez, Neely The motion passed on a 5:0 vote. Code Enforcement Officer Stephens returned at 4:40 p.m. b. Changes to Chapter 1.24 of the Municipal Code, Administrative Citation City Attorney Dietrick summarized the staff report, requesting that Board Members provide feedback on their interest in serving concurrently on the Construction 12.c Packet Pg. 207 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Draft CBOA Meeting Minutes March 26, 2015 Page 6 Board and the City’s Administrative Review Board (ARB), noting that an insufficient number of applications have been received for the newly -created board, and that Council Policies and Procedures allow individuals to serve concurrently on one technical and one non-technical advisory body. In response to inquiry from Vice-Chair Dilworth, City Attorney Dietrick stated that the investment of time necessary for service on the ARB will need to be evaluated over time. In response to inquiry from Chair Vessely, City Attorney Dietrick confirmed that staff will notify the Board when appointments to the ARB are scheduled for Council hearing. 3. Board: None. ADJOURNMENT: The meeting was adjourned at 4:50 p.m. Respectfully submitted by, Erica Inderlied Recording Secretary 12.c Packet Pg. 208 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Cultural Heritage Committee Bylaws ARTICLE 1. PURPOSE The Cultural Heritage Committee promotes the preservation of architectural, archaeological, historical and cultural resources in San Luis Obispo, by: 1A. Helping the public pursue cultural resource preservation projects. 2B. Sponsoring educational programs and research which improves our understanding of the community’s history and archaeology. 3C. On request, commenting on the effects of public and private actions on community cultural resources. 4D. 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 as established by Council Resolutionwith the provisions of City Resolution 6593 (1989 Series). ARTICLE 3. MEMBERSHIP 1A. 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 Ccommittee should include a person knowledgeable in local history, a person with training or experience in structural rehabilitation, a person knowledgeable in local archaeology, and a person with knowledge of architecture. 2B. If possible, the Ccommittee 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 two eight consecutive four-year yearsterms. 12.c Packet Pg. 209 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) ARTICLE 5. OFFICERS 1A. A Chairperson and Vice-Chairperson shall be elected by the Ccommittee 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. 2B. The Chairperson shall preside over all Ccommittee meetings, vote on all matters, appoint all subcommittees, call special meetings, and submit an annual report and budget to the Ccommittee for approval and presentation to the City Council. 3C. 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 1A. The Ccommittee 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. 2B. A quorum shall consist of a majority of the established members. 3C. All action of the Ccommittee shall be decided by a majority vote or consensus of the quorum directed through the Chairperson. 4D. Minutes of each meeting shall be forwarded to the City Council and be available as a public record. 5E. The Chairperson or a quorum majority of the Ccommittee may call a special meeting, provided that all public notice requirements are met. 6F. All Ccommittee meetings shall be conducted according to City practices, customs, and policies. Robert’s Rules of Order, Newly Revised, may be used as a guideline. 7G. 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 Ccommittee. ARTICLE 7. ABSENCES AND RESIGNATIONS 1A. 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 12.c Packet Pg. 210 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) considered for replacement. The Chairperson of the Ccommittee shall inform the Council of such a situation and explain any special circumstances. 2B. Committee members are responsible for notifying the Chairperson or the Secretary in advance when an absence is anticipated. 3C. If a member needs to resign from the Ccommittee, the member shall immediately direct a letter to the City Council with copies forwarded to the Ccommittee Chairperson and City Clerk. ARTICLE 8. SUBCOMMITTEES 1A. Subcommittees shall be appointed, as needed, by the Chairperson. Subcommittees may include non-Ccommittee 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 Ccommittee, provided that such amendments shall have been discussed by the Ccommittee 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. (LAST REVISED XX/XX/XXXX) 12.c Packet Pg. 211 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Human Relations Commission Bylaws ARTICLE 1. PURPOSE It is the purpose of the Human Relations Commission to advise the Council in its actions to create an environment within the City in which all persons can enjoy equal rights and opportunities regardless of race, religion, sex, sexual orientation, national origin, age, or physical, mental or economic status. The Human Relations Commission shall make recommendations to the City Council or the City Manager on how these social concerns and human needs can best be addressed. ARTICLE 2. MEMBERSHIP AND TERMS OF OFFICE The HRC has seven members. Members must be residents and registered voters of the City. While there are no special qualifications for applicants, the Council usually seeks individuals with experience, or a demonstrated interest in community social issues. Commissioners shall be appointed by the City Council for terms of four (4) years, commencing on April 1st. Commissioners shall serve at the pleasure of the City Council. Any Commissioner may be reappointed, provided that no appointee shall serve more than two (2) consecutive four-year terms (eight8 years). ARTICLE 3. MEETINGS 1A. The Commission shall hold a regular meeting at least quarterly each month but not less than ten (10) times a year. 2B. Regular meetings will be held generally on the first Wednesday of the month at a specified time and place. 3C. 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. 4D. A quorum shall consist of a majority of the established Commissioners. 5E. All actions of the Commission shall be decided by a majority vote or consensus and shall be directed through the Commission Chair. 6F Minutes of each meeting shall be forwarded to the City Council and be available as a public record. 7G. 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. 8H. All Commission meetings shall be conducted according to Robert’s Rules of Order. 12.c Packet Pg. 212 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) 9I. All members present must vote, except when abstaining due to a declared conflict of interest. 10J. 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 1A. The officers shall be a Chairperson and a Vice-Chairperson who shall be elected at the Commission meeting in April for one-year terms. 2B. The Chairperson shall preside over all meetings of the Commission, prepare all meeting agendas and perform such duties as directed by the Commission. 3C. 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 67. AMENDMENTS Bylaw 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. (LAST REVISED XX/XX/XXXX) 12.c Packet Pg. 213 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Human Relations Commission Minutes Wednesday, April 1, 2015 Regular Meeting of the Human Relations Commission CALL TO ORDER A Regular Meeting of the San Luis Obispo Human Relations Commission was called to order on Wednesday, April 1, 2015 at 5:09 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Vice Chairperson Tasseff. ROLL CALL Present: Commissioners Robert Clayton, Gene Strohl, Maria Troy, Janet Pierucci, Carol Sexton, Julia Jones, and Vice Chair Michelle Tasseff Absent: None Staff Present: Tyler Corey, Housing Programs Manager; Greg Zocher, Human Resources Manager, and Monique Lomeli, Recording Secretary OATHS OF OFFICE City Clerk Mejia administered the Oath of Office to Commissioners Carol Sexton and Julia Jones, Robert Clayton. CONSIDERATION OF MINUTES Motion by Commissioner Clayton, second by Commissioner Troy, carried 7-0, to approve the Minutes of the Human Relations Commission meeting of March 4, 2015. PUBLIC COMMENT No one was present desiring to speak during public comment. BUSINESS ITEMS 1. ELECT CHAIRPERSON AND VICE CHAIRPERSON ACTION: Motion by Commissioner Clayton, second by Commissioner Pierucci, carried 7-0, to appoint Commissioner Michelle Tasseff as Chair. ACTION: Motion by Chair Tasseff, second by Commissioner Sexton, carried 7-0, to appoint Commissioner Robert Clayton as Vice Chair. 12.c Packet Pg. 214 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) City of San Luis Obispo, Title, Subtitle Human Relations Commission Minutes of April 1, 2015 Page 2 2. REVIEW BYLAWS Human Resources Manager Zocher summarized the proposed revisions to the Human Relations Commission bylaws, noting that it will provide more flexibility in scheduling meetings when needed and eliminates the need for developing work plans on an annual basis when no changes are proposed. ACTION: Motion by Vice Chair Clayton, second by Commissioner Jones, carried 7-0, to approve the revised Human Relation Commission bylaws. 3. PRELIMINARY 2015/16 GRANTS-IN-AID SUBCOMMITTEE RECOMMENDATIONS Human Resources Manager Zocher advised that preliminary Grants-In-Aid recommendations are $5,000 over budget. ACTION: By consensus, the Commission directed that funding be reduced by $500 for the top 10 funded organizations. Commission discussion ensued relative to the rationale for not providing Grants-In- Aid to the following organizations. • Achievement House AHI Harvest Garden • Assistance League – Operation School Bell • Big Brothers/Big Sisters School Based Mentoring • Campfire Central Coast- Teens in Action • Central Coast Grown – City Farm School Project • CDRC- Early Child Abuse Prevention Therapy • Cottage Rehab Center • Forget Me Not – Families United • Hospice Partners Soul Collage • The Literacy Council- Literacy Program • YMCA Financial Assistance for Day Camp • Senior Volunteer Services New Central Coast Volunteer Program Website COMMISSIONER COMMENTS Human Resources Zocher advised that Housing Programs Manager Corey will be serving as staff liaison in the future. The Commission expressed gratitude to Human Resources Manager Zocher for serving as staff liaison. 12.c Packet Pg. 215 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) City of San Luis Obispo, Title, Subtitle Human Relations Commission Minutes of April 1, 2015 Page 3 ADJOURNMENT There being no further business, Chair Tasseff adjourned the meeting at 6:15 p.m. to the next regular meeting scheduled for Wednesday, May 6, 2015 at 5:00 p.m. in the Council Hearing Room at 990 Palm Street, San Luis Obispo. Respectfully submitted, Monique Lomeli Recording Secretary 12.c Packet Pg. 216 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Jack House Committee Bylaws ARTICLE 1. PURPOSE The Jack House and Grounds were deeded to the City of San Luis Obispo on March 10, 1975. In accepting the deed, the City agreed to appoint a committee of seven members to advise the Council on the House and Grounds. The Jack House Committee is charged with the responsibility to advise the City Council on matters concerning: Facility use, fees and charges, capital improvements, and any other item affecting the House and Grounds. ARTICLE 2. COMMITTEE MEMBERSHIP The grant deed requires that persons with special expertise fill four of the seven seats on the Jack House Committee: 1. A representativemember of the San Luis Obispo County History Center. 2. One member of the faculty, current or retired, of California Polytechnic State University College of Architecture and Environmental Design, preferably an architectural historian. 3. One member of the faculty, current or retired, of California Polytechnic State University College of Agriculture, preferably a horticulturist. 4. A member of the San Luis Obispo Parks and Recreation Commission. The City Council has resolved that due to these special conditions and requirements, members may serve terms of undetermined length, the choice being left to individual Ccommittee members. The remaining three Committee members shall be members-at-large and must reapply after 4-year terms. All members are required to be residents and registered voters of the City. The remaining three Ccommittee membersmembership shall be as follows: 1. A member at large (must reapply when 4-year term expires). 2. A member at large (must reapply when 4-year term expires). 3. A member- at- large and (must reapply when 4- year term expires). All Mmembers are required to be residents and registered voters of the City. The docent president chair shall serve as an ex-officio (non-voting) member and shall not count toward a quorum. 12.c Packet Pg. 217 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) ARTICLE 3. MEETINGS 1A. The Committee shall hold a regular meeting each month but not less than no fewer than ten (10) times a year. 2B. Meetings will be held at 5:30 p.m. the second Wednesday of each month. 3C. 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. 4D. A quorum shall consist of a majority of the Committee members currently serving. 5E. All actions of the Committee shall be decided by a majority vote or consensus and shall be directed through the Committee Chair. 6F. Minutes of each meeting shall be forwarded to the City Council and be available as a public record. 7G. The Chairperson or any three members of the Committee may call a special meeting provideding a week’s prior notice is given in writing to each member. 8H. All Committee meetings shall be conducted according to Robert’s Rules of Order. 9I. With the exception of the docent president, aAll 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. The member with such conflict shall remove himself/herself from the room until such discussion has concluded. 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-Ccommittee members who shall have no voting power. ARTICLE 5. OFFICERS 1A. The officers shall be a Chairperson and a Vice-Chairperson who shall be elected at the Committee meeting in April for twoone-year terms. 2B. 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. 12.c Packet Pg. 218 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) 3C. The Vice-Chairperson shall serve in the absence or incapacity of the Chairperson. ARTICLE 6. STAFF The Director of Parks and Recreation or designeedesignate is the staff liaison to the Jack House Committee. The Director may designate such other staff as is necessary to provide support to the Committee. The Director of Public Works should designate a Public Works staff representative for both the house (building maintenance) and the garden (parks maintenance). The Committee shall receive notification if there are any changes to staff representation. ARTICLE 7. MAINTENANCEWORK PLAN The Committee shall develop a maintenancework plan on an annual basis starting in January of each year. The maintenance work plan shall be a description of the activities that will be undertaken in order to maintain the historic house and gardens and to meet the goals and objectives of the Committee. ARTICLE 8. AMENDMENTS Prior to May 1, in each odd number year, these by-laws shall be reviewed by the Committee. By-law amendments shall be submitted for Council approval by an affirmative vote of the members present at a regular meeting of the Committee, provided that such amendments shall have been discussed by the Committee on the agenda of at least two meetings prior to the vote. The members shall receive the proposed amendments in writing at least ten (10) days prior to the first meeting. (LAST REVISED XX/XX/XXXX) 12.c Packet Pg. 219 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Jack House Committee MINUTE - San Luis Obispo Parks and Recreation Administration Office 1341 Nipomo Street, San Luis Obispo Wednesday, May 13, 2015: 5:35 PM CALL TO ORDER: Chair Kathi Settle called meeting to order at 5:35 PM ROLL CALL: Chair Kathi Settle, Vice Chair Toni Kincaid, Committee Members Bob Gordon, Eva Ulz, Susan Updegrove, Chuck Crotser, Leah Walhert, Exofficio Committee Member James Papp ABSENT: None STAFF: Melissa Mudgett — Recreation Manager, David Setterlund- Recreation Supervisor, Faith McDonald- Recreation Specialist Public Comment None 1. CONSIDERATION OF MEETING MINUTES (Settle) MOTION. (Crotser / Updegrove) Approve Meeting Minutes of April 8th, 2015 as amended. Approved: 7 yes: 0 no: 0 absent: 2. CONSIDERATION OF FINANCIAL REPORT (Settle) MOTION. (Kincaid/Ulz) Approval of April 2015 Financial Reports. Approved: 7 yes: 0 no: 0 absent 3. APPROVAL OF BYLAWS FOR CITY COUNCIL (Committee) MOTION: (Crotser /Ulz) Approval of By -Laws as amended for City Council approval. Approved: 7 yes: 0 no: 0 absent 4. DISCUSSION OF JACK HOUSE MARKETING MATERIALS (Setterlund) Recreation Supervisor Setterlund explained that the current rack card doesn't fit standard hotel racks and recommended a redesign to fit the standard hotel racks. The costs to display rack cards are approximately $500 a month per one distributor. Combining efforts with other community partners in the county would potentially lower costs. 12.c Packet Pg. 220 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) ati x afi Committee Member Gordon said, hotels charge for display of racks cards only when hotels are required to pick the materials up from another location. Vice Chair Kincaid recommended adding a 4x4 ad in the New Times and SLO News family in order to remind the community about the Jack House. MOTION: (Crotser /Gordon) Authorization to redesign brochure and for purchase of new rack cards. Approved: 7 yes: 0 no: 0 absent 5. DISCUSSION OF ADA ACCESSIBILITY FOR CARRIAGE HOUSE (Crotser) Committee Member Crotser discussed his meeting with David Foote, the landscape architect for PB Companies, to look at their ongoing project revisions. An email of the designs will be emailed to the committee. Committee Member Crotser explained that PB Companies has a budget to restore the Jack House gardens should the Committee choose to work with them on their future project. He continued that PB Companies are interested in funding the storage shed and paving the service road (would be in keeping with the period). Recreation Manager Mudgett provided a review process update on the PB Companies project as their conceptual drawing will go to the Architectural Review Commission (ARC) on June 15, 2015. Following the conceptual review, the ARC may recommend this information be shared at a subsequent Jack House Committee meeting in July or August. Committee Member Crotser provided the Committee with a schematic of the Carriage House and expressed that the easiest way to meet the ADA standard would be to create a gate in the existing fence, and create a side entry that would provide access to the building. Committee Comments Committee Member Ulz asked if the design could be altered to have the ramp access from the drive in addition to the fence to divert traffic from weddings. Committee Member Crotser responded yes. Committee Member Crotser proposed creating a subcommittee that is a part of the overall development with PB Companies and Carriage House. Committee Member Papp volunteered in order to provide gallery space input. The Committee recommended adding a discussion of the PB Project "Paseo" to the July agenda. 4 12.c Packet Pg. 221 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) G1 Y. t+ C6 I :r S o 6. DISCUSSION OF 2015 -17 FINANCIAL PLAN BUDGET PROCESS (Settle) Chair Settle explained that the budget request for the Jack House Elevator Removal was not being recommended as part of the City's five -year Capital Improvement Program (CIP). She added that the Council meeting for budget hearings is scheduled for June 11 th at S:OOpm and she urged the Committee members to be in attendance. The June I 1 th meeting would be the forum for Committee members to request of Council any changes in the recommended CIP. Recreation Manager Mudgett furthered the discussion by explaining the original CIP budget request, as reviewed by the Community Development Department and Public Works Department's City Engineer, was for the elevator removal at a cost of $44,000 in year 4 2018/2019) of the CIP. Committee Member Crotser asked for a copy of this budget request. Staff Mudgett responded that she would provide this information to the Committee. Committee Comments Chair Settle said she would not be able to attend the June 11, budget hearing but intended to submit a letter to the City Council urging funding in year 4. She encouraged stakeholders of the Jack House to attend. 7. DISCUSSION OF JACK HOUSE STRATEGIC PLANNING PROCESS (Settle) Chair Settle shared with the Committee two process options for the development of a strategic plan. Committee Member Ulz recommended having a facilitator involved to make sure the process was kept on -track and progressing. She added that when developing a plan all feedback and collaboration should be sought by all stakeholders. Committee Member Crotser commented that it should be a long range vision with the first aspect operational and the second being capital improvement projects. Recreation Manager Mudgett reminded the Committee of several past capital improvement projects at the Jack House that the City Council has supported such as the Jack House Gazeebo, Restroom Remodel and Jack House painting projects. Marilyn Darnell, Jack House Docent, expressed her feelings that Jack House is really unique and that the Jack House message is currently not being effectively communicated to the community. Committee Member Crotser agreed that the initial conversation could be more of a brainstorm and suggested having a professional facilitator. Committee Member Ulz shared that if the Friends of the Jack House joined Spokes (a non - profit support organization), they could get two free hours of facilitation. 3 12.c Packet Pg. 222 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) V Y ell Recreation Manager Mudgett said she could provide contact information for facilitators that the City has used for strategic planning efforts. The Committee recommended adding strategic plan facilitation on the June agenda and creating a subcommittee to work on this process. Committee Members Ulz, Crotser, and Settle volunteered to serve on the strategic plan sub - committee. 8. STAFF REPORT FOR PARKS & RECREATION UPDATES ( Setterlund) Staff member Setterlund provided the Committee with an update on upcoming events in the months of May and June. The updates are as follows: May 15`h: Garden Work Day at Broad Street June 12th: Dive In Movie at Sinshiemer Pool Junior Ranger Camp will be held on June 15`h -19`h Ultimate Day Camp theme is "Imagination" and will be occurring June 22 — August 7. Junior Giants Baseball program starts on June 15`h and is open to 7 -10yr olds. This is a slow pitch baseball program, partnering with the Giants Baseball Association. Practices will be week days at Emerson Park with games on Saturdays at Throop Park. 9. DOCENT ACTIVITIES (James Papp) Docent president, James Papp, reported on the Jack House docent activities as follows: The Committee commended Toni Kincaid on receipt of the Preservation Award and eight years of outstanding service as recognized by the History Center. The History Mixer, at El Paso de Robles Pioneer Museum, will included a discussion with the Railroad Museum and Cal Poly Special Collections and Archives about a collaborative project for the Central Coast Railroad Festivals where Marilyn Darnell will be speaking. Docents have been discussing a "loaning procedure" for loaning items in and out of the Jack House Discussions for collaboration with the City for a History camp at the Jack House. In August there will be a tea at the Jack House. The preliminary cost is $17 per person. 10. MEMBER COMMENTS AND COMMUNICATIONS (Committee) Committee Member Ulz reported to the Committee that she has contacted two architectural conservators for estimates on historic structures report: Mark Hulbert and another Cal Poly Architect. Both are from San Francisco. Committee Member Papp spoke about the Carriage House exhibit and that Daniel Solis builder of the Art Museum has agreed to building an exhibit for the Richard Levine Photography of the Jack Ranch which he hopes will be a long term exhibit in the Carriage House. July 3rd from 6 -9 would be the first and potentially be the opening of the Richard Levine exhibit at the Carriage House. He added that he was signing up the Jack House for an Art After Dark program location, on a month to month basis. Member Papp shared that the importance of a having Historic Structures would be the possibility of applying for grants. He added that he recently found the earliest photo of the house in the newspaper. He 4 12.c Packet Pg. 223 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) is working on developing curriculum connected with the house as a way to bring in kids and a tie in with History Camp. Recreation Manager Mudgett asked that the potential dates of Art After Dark be provided to the Recreation Coordinators, Dave Setterlund and Devin Hyfield, in order to reserve those dates and coordinate with facilities staff. Committee Member Papp said that the Friends of the Jack House would like to create a Jack House website to attract tourists and docents to the house, and to relay historical information. Recreation Manager Mudgett responded that the City has an approved City website with a designated Jack House page. As the Jack House is a City -owned property, the Friends of the Jack House would be precluded from starting a new website. Staff Mudgett said that the City Website could be updated to share this information, events and links to newsletters. Staff Mudgett will seek clarification from City Attorney and report back to the Committee. Chair Settle would like to include the Friends of the Jack House group as an ongoing agenda item. Marilynn Darnell, Jack House Docent, reported that she recently spoke at Mission Elementary School for the 4th grade class, as she is passionate about developing Jack House history curriculum. Another school class will be visiting the Jack House on a field trip on May 22 "d at 10:00am. Meeting adjourned at 7:30pm to Regular Meeting on June 101h, 2015 at 5:30 pm. Approved by the Jack House mmittee on - J `() Dave Setterlund, Parks and Recreation Department Supervisor 5 12.c Packet Pg. 224 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Mass Transportation Committee Bylaws ARTICLE 1. PURPOSE The purpose of the Mass Transportation Committee is to advise City staff and the City Council on all matters related to public transportation in San Luis Obispo (buses, trolley, and taxi). ARTICLE 2. COMMITTEE MEMBERSHIP The Committee has seven voting members, consisting of one Cal Poly employee designated by Cal Poly and one Cal Poly student representative designated by Associated Students, Inc. (ASI); one person 62 years of age or older; one person from the business community; one person with technical transportation planning experience; one person with a disability; one member-at-large. In addition, when possible, two alternate members selected from the general public will be appointed. The Cal Poly and technical planning representatives are exempt from the residency requirements. All other members must be residents and registered voters of the City. ARTICLE 3. TERMS OF OFFICE Committee members will be appointed by the City Council to staggered terms of four years. Committee members will serve at the pleasure of the City Council. Any Committee member may be reappointed, providing no appointee serves more than two consecutive terms (eight8 years). A member who has served eight8 years can be reappointed after a one year absence from the Committee. ARTICLE 4. MEETINGS 1A. The Committee will hold a regular meeting at least quarterly. 2B. The Committee will approve an annual regular meeting schedule by June of each year. 3C. The Committee meetings will be open to the public and held at the Council Hearing Room City Hall, or other previously announced locations. 4D. A quorum will consist of a majority of the established Committee members. 5E. All actions of the Committee will be decided by a majority vote or consensus and will be directed through the Ccommittee chairChair. 6F. Minutes of each meeting will be available as a public record in the Public Works Department. 12.c Packet Pg. 225 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) 7G. 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. 8H. All Committee meetings will be conducted in accordance with City practices, customs, and policies. Robert's Rules of Order, Newly Revised, may be used as a guideline. 9I. 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. 10J. 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. 11K. 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 Aalternates will be decided by a fair game of chance such as a coin flip or roll of the die performed by the Chairperson of the MTC. ARTICLE 5. SUBCOMMITTEES Subcommittees consisting of less than a quorum of the Committee can be appointed as needed by the Chairperson. ARTICLE 6. OFFICERS 1A. 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. 2B. 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. 3C. 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. (LAST REVISED XX/XX/XXXX) 12.c Packet Pg. 226 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Parks & Recreation Commission Bylaws ARTICLE 1I. PURPOSE The Parks & Recreation Commission is a body of citizens appointed to advise the City's Parks & Recreation Department and the City Council on the development and operation of recreation programs and parks, and on the implementation of the Parks and Recreation Element of the City's General Plan. It also provides recommendations to the City Council and San Luis Obispo Coastal Unified School District Board of Trustees regarding those facilities which have been mutually designated as joint use facilities; and for the operation of recreational facilities, priority for use of the facilities, and development of new recreation facilities at Sinsheimer Park. ARTICLE 2II. MEMBERSHIP 1A. The Parks and Recreation Commission shall consist of seven members. 2B. Members are appointed by the City Council for a term of four years. Members are eligible for reappointment for an additional four-year term. Members are subject to a term limit of eight years, or two consecutive four-year terms.consecutive eight years. ARTICLE 3III. MEETINGS 1A. Regular meetings of the Parks & Recreation Commission shall be held on the first Wednesday of each month at 5:30 p.m., except during the annual tour of the City's parks and facilities. 2B. Meetings will be held in the City Council Chambers, City Hall, 990 Palm Street, San Luis Obispo, California. In the event that the Parks & Recreation Commission chooses to hold all or any portion of a regular meeting other than at City Hall, then the place of such meeting shall be posted at least 72 hours in advance at the Parks & Recreation Department office, 1341 Nipomo Street, San Luis Obispo, California and on the bulletin board located at the entrance to the City HallCouncil Chambers prior to the established meeting time. ARTICLE 4IV. ELECTION OF OFFICERS 1A. In April of each year, the Parks & Recreation Commission shall select a Chair and Vice Chair from among its members to serve a one-year term. 2B. Commissioners shall serve as Chair or Vice Chair at the discretion of the Commission. 12.c Packet Pg. 227 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) 3C. The Chair shall preside at all meetings of the Parks & Recreation Commission. The Vice Chair will act as the Chair in the absence of the Chair or in case of the inability of the Chair to act. 4D. In the event that the Chair and Vice Chair are unavailable to attend to their duties, the assembled members shall determine a Chair Pro TemporeTemporary Chair. 5E. No person shall serve as Chair or Vice Chair for more than three consecutive terms. ARTICLE 5V. CONDUCT OF MEETINGS All meetings will be conducted in accordance with City practices, customs, and policies. Robert's Rules of Order, Newly Revised shall be utilized as a guide in the conduct of meetings. ARTICLE 6VI. QUORUM Four members of the Parks & Recreation Commission shall constitute a quorum for the purposes of conducting business. ARTICLE 7VII. VOTING 1A. Except as otherwise provided in the San Luis Obispo Municipal Code and state law, no resolution, motion or other action shall be passed or become effective without receiving the affirmative vote of at least a majority of the members present. 2B. Failure to receive such an affirmative vote shall result in failure or denial, as appropriate, of the motion, resolution or other action. 3C. Except as allowed under the Political Reform Act of 1974, as amended, any member abstaining due to a declared conflict of interest shall not participate in the discussion of the items or otherwise influence or attempt to influence in any manner the decision on the item. 4D. All members, when present, must vote except when abstaining due to a declared conflict of interest. 5F. Failure or refusal to vote when present—except for a declared conflict of interest—shall be counted as an affirmative vote. ARTICLE 8VIII. PUBLIC RECORDS 12.c Packet Pg. 228 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Records of all public hearings shall be made available to the public in the offices of the Parks & Recreation Department. ARTICLE 9IX. ATTENDANCE Any member of the Parks & Recreation Commission who fails, for any reason, to attend three (3) consecutive regular meetings or a total of six (6) regular meetings within any twelve12 month period shall be automatically be considered for replacement by the City Council. The Chairperson of the Parks & Recreation Commission shall inform the Council of such a situation, explaining any special circumstances. ARTICLE 10X. COMMITTEES 1A. A member of the Parks & Recreation Commission shall represent the Commission and sit as a voting member on the following City advisory bodies: Jack House Committee and Tree Committee. 2B. Additional committee assignments shall be made as deemed necessary by the Chair. 3C. Committee assignments will be made in April of each year. ARTICLE 11XI. AMENDMENTS 1A. These bylaws may be recommended for amendment by the majority vote of the Commission members present at a regular meeting, provided that a quorum is present. Members shall receive the proposed amendments at least seven (7) days prior to the meeting in which the amendment is proposed. 2B. Prior to May 1 in each odd-numbered year, these bylaws shall be reviewed by the Commission. Any proposed changes shall be submitted to the City Council for approval. If no changes are proposed, a report of the review shall be submitted. (LAST REVISED XX/XX/XXXX) 12.c Packet Pg. 229 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Personnel Board Bylaws ARTICLE 1. PURPOSE It is the purpose of the Personnel Board to hear employee appeals offrom disciplinary action, to review employee grievances, and to hear issues of Council censure. The Board shall then make advisory recommendations to the City Council. The Personnel Board shall also perform other duties pertaining to personnel management as directed by the City Council. ARTICLE 2. MEMBERSHIP AND TERMS OF OFFICE Five (5) members of the Personnel Board shall be appointed by the City Council and shall serve for terms of four (4) years. Members must be residents and registered voters of the City. 1A. 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. 2B. Any vacancies on the Personnel Board shall be filled for the unexpired term of the person replaced. 3C. Members shall be appointed for no more than two (2) consecutive terms (eight8 years). ARTICLE 3. OFFICERS 1A. 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. 2B. 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. 3C. The Vice-Chairperson shall serve in the absence of the Chairperson. 4D. 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. 12.c Packet Pg. 230 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) ARTICLE 4. MEETINGS 1A. The Personnel Board shall meet as needed. 2B. 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. 3C. 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. 4D. 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. 5E. All grievance and disciplinary appeal hearings shall be recorded. 6F. 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. 7G. All actions of the Board shall be decided by majority vote, and shall be directed through the Board Chairperson. 8H. The Board may meet with its legal advisor, as needed and outside the presence of any other persons, to receive opinions and advice. 9I. The Board may direct the parties to submit hearing briefs outlining the facts and arguments to be presented prior to any hearing. The Chairperson shall establish a schedule for submission of the hearing briefs. ARTICLE 5. AMENDMENTS At such time as these bylaws need to be amended, the Director of Human Resources shall meet with the Board and determine an appropriate procedure for making such amendment(s). (LAST REVISED XX/XX/XXXX) 12.c Packet Pg. 231 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Planning Commission Bylaws MEMBERSHIP The Planning Commission has seven members who are not necessarily planning professionals. Members must be residents and registered voters of the City. No special training is required for appointment. Members occasionally may be requested to attend seminars and workshops to enhance skills in planning. ARTICLE 1. MEETINGS 1A. Regular meetings shall be held at 6:00 p.m. on the second and fourth Wednesday of each month. 2B. No agenda item shall be introduced after 11:00 p.m. without the consent of a majority of Ccommissioners present. 3C. Regular meetings shall be held in the City Council Chambers, City Hall, 990 Palm Street, San Luis Obispo, California. 4D. 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 Hall Council Chambers prior to the time herein designated for such regular meetings in accordance with law. ARTICLE 2. ELECTION OF OFFICERS 1A. 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. 2B. Commissioners shall serve as Chairperson or Vice-Chairperson at the discretion of the Commission. 3C. 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. 4D. No person shall serve as Chairperson or Vice-Chairperson for more than two consecutive terms. 12.c Packet Pg. 232 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) ARTICLE 3. CONDUCT OF MEETINGS 1A. Commissioners should address questions through the Chairperson. 2B. Members of the audience should address Ccommissioners or other persons present through the Chairperson. 3C. 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: a1. The Chairperson shall introduce the items and ask for oral staff reports. b2. 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. c3. The applicant shall be invited to make a presentation on behalf of the request. d4. Members of the public wishing to speak in favor or in opposition of the application shall be invited to make a presentation. e5. 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. f6. The public hearing shall be closed to the public and discussion confined to members of the Ccommission; provided that the Ccommission 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. g7. The Ccommission, upon formal motion, shall take action to dispose of the proposal. The Chairperson shall announce the vote and thereafter, inform the applicant and public of the right of appeal and procedures for filing such appeal. ARTICLE 4. QUORUM Four members of the Planning Commission constitute a quorum for transacting business. 12.c Packet Pg. 233 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) ARTICLE 5. VOTING 1A. 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. 2B. Failure to receive such an affirmative vote shall result in failure or denial, as appropriate, of the motion, resolution or other action. 3C. 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. 4D. All members, when present, must vote except when abstaining due to a declared conflict of interest. 5E. Failure or refusal to vote when present—except for a declared conflict of interest— shall be counted as an affirmative vote. ARTICLE 6. PUBLIC RECORDS Records of all public hearings shall be made available to the public in the office of the Community Development Department. ARTICLE 7. ATTENDANCE 1A. 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. 2B. 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. 1. Any member of the Planning Commission who fails, for any reason, to attend three consecutive regular, adjourned regular, or specially-scheduled (excluding Commission site visits) meetings, or a total of six such commission meetings within any 12-month period, shall be automatically considered by the City Council for removal from office. The Chairperson shall inform the Council of such situation, explaining any special circumstances. 12.c Packet Pg. 234 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) ARTICLE 8. POLICY All matters of policy not covered by law may be adopted as a “Resolution of Policy” and when so adopted shall be considered the official policy of the Planning Commission subject to ratification of the City Council. (LAST REVISED XX/XX/XXXX) 12.c Packet Pg. 235 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Promotional Coordinating Committee Bylaws ARTICLE 1. PURPOSE The Promotional Coordinating Committee (PCC) advises the Council in working to improve the quality of life for all City residents and our visitors. The Ccommittee recommends projects to help promote the City as a regional trade, recreation, and tourist center, consistent with community goals. ARTICLE 2. MEMBERSHIP The PCC shall consist of seven (7) members appointed by the Council. Six of the members shall be residents of the City of San Luis Obispo. The seventh member shall be the Cchair of the Tourism Business Improvement District (TBID) Board as appointed by the TBID Board. Committee members shall be appointed for a term of four (4) years, commencing on April 1st or other date as directed by the Council. No Ccommittee member shall serve more than two (2) consecutive terms (eight years) on the PCC. Any Ccommittee 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 Cchairperson of the TBID Board. ARTICLE 3. OFFICERS The officers shall be a Chairperson and a Vice Chairperson, each of whom shall be elected for a one-year term at the March meeting of the PCC for the term starting in April. No Ccommittee member shall serve more than two (2) consecutive one-year terms as Chairperson or Vice Chairperson. Any Ccommittee member who has been appointed to fill a vacant seat as Chairperson or Vice Chairperson in mid-term shall not be precluded from thereafter serving as Chairperson or Vice Chairperson for two (2) consecutive one-year terms, so long as the initial, partial term is less than six (6) months. The Chairperson shall preside over all meetings of the PCC, prepare all meeting agendas with staff, and otherwise perform such duties as directed by the PCC or Council. The Vice Chairperson shall serve in the absence or incapacity of the Chairperson. ARTICLE 4. MEETINGS 1A. The PCC shall hold a regular meeting each month, but not less thanno fewer than ten (10) times per year. 2B. 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. 12.c Packet Pg. 236 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) 3C. The meetings shall be open to the public. 4D. A quorum shall consist of a majority of the commissioners Committee member currently serving on the PCC. 5E. All actions of the PCC shall be by a majority vote or consensus and shall be directed through the Chairperson. 6F. Minutes of each meeting shall be taken and forwarded to the Council and shall be -available as a public record. 7G. A special meeting may be called at any time by the Chairperson or by a majority of the Ccommittee 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. 8H. All meetings shall be conducted in general accordance with Robert’s Rules of Order, newly revised edition, subject to minor variation by the Chair as appropriate to the needs of the advisory body. 9I. All Ccommittee 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. 10J. Any Ccommittee 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. 11K. Any member who fails to attend three (3) regular meetings within any twelve- month period may be automatically considered for replacement at the discretion of the Ccommittee. ARTICLE 5. SUBCOMMITTEES Subcommittees shall be appointed, as needed, by the Chairperson. Standing subcommittees are the Grants-in-Aid and Events Promotion subcommittees. The subcommittee members will serve for a two (2) year term. After two years they will automatically rotate to the other standing subcommittee. ARTICLE 6. FUNCTIONS AND DUTIES The functions and duties of the PCC shall include, but not be limited to, the following: 1A. Planning a comprehensive program to promote the City of San Luis Obispo and prepare an annual marketing program consistent with City goals and objectives. 2B. Develop promotional programs and projects for the City of San Luis Obispo. 12.c Packet Pg. 237 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) 3C. 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. 4D. Present an annual assessment report to the City Council regarding the Promotional Coordinating Committee’s Grants-in-Aid program and other programs as appropriate. 5E. Initiate and support community activities that are meaningful to residents and visitors of the City of San Luis Obispo. 6F. Provide a liaison to Grant-In-Aid recipients who work to promote the quality of life for residents and visitors of the City of San Luis Obispo. 7G. Perform any other lawful tasks as directed by the Council. ARTICLE 7. AMENDMENTS These bylaws may be amended by the Council, upon the recommendations of two- thirds of the Ccommittee members currently serving on the PCC, provided that the text of any such proposed amendment shall have first been provided in writing to each Ccommittee member. (LAST REVISED XX/XX/XXXX) 12.c Packet Pg. 238 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Tourism Business Improvement District Board Bylaws ARTICLE 1. PURPOSE The Tourism Business Improvement District Board (TBID Board) advises the Council in the administration and use of the TBID assessment funds. The Board recommends projects to promote tourism to the City of San Luis Obispo to directly benefit the City’s lodging industry. ARTICLE 2. MEMBERSHIP The TBID Board shall consist of sevenfive (5) members from the San Luis Obispo City lodging industry as appointed by the Council. Because of the diversity among assessment district members represented by the Board, including local, regional and national lodging industry interests, it is neither practical nor advisable to limit Board membership to City residents. Accordingly, membership on the TBID Board shall be exempt from residency requirements otherwise applicable to City Aadvisory bodies. Board members shall be appointed for a term of four (4) years, commencing on April 1st or any other date as directed by the Council. No Board member shall serve more than two (2) consecutive terms (eight years) on the TBID Board. Any Board member who has been appointed to fill a vacant seat in mid-term shall not be precluded from thereafter serving two (2) four-year terms (eight years), so long as the initial, partial term is less than one (1) year. One member of the TBID Board shall be appointed by the Board to the Promotional Coordinating Committee for a term concurrent with his/her TBID Board term. ARTICLE 3. OFFICERS The officers shall be a Chairperson and a Vice Chairperson, each of whom shall be elected for a one-year term at the MarchApril meeting of the TBID Board for a term starting in April. No Board member shall serve more than two (2) consecutive one-year terms as Chairperson or Vice Chairperson. Any Board member who has been appointed to fill a vacant seat as Chairperson or Vice Chairperson in mid-term shall not be precluded from thereafter serving as Chairperson or Vice Chairperson for two (2) consecutive one-year terms, so long as the initial, partial term is less than six (6) months. The Chairperson shall preside over all meetings of the TBID Board, prepare all meeting agendas with staff, and otherwise perform such duties as directed by the TBID Board or Council. The immediate Past Chairperson shall automatically serve as the Vice Chairperson in order to give support to the incoming Chairperson and guarantee continuity and stability 12.c Packet Pg. 239 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) 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 1A. The TBID Board shall hold a regular meeting each month and no less fewer than ten (10) times per year. 2B. The meetings are to be held in the Council Hearing Room, at City Hall, 990 Palm Street, San Luis Obispo, California the second Wednesday of each month, unless another location and/or time has been announced as required by California law. 3C. The meetings shall be open to the public. 4D. A quorum shall consist of a majority of the memberscommissioners currently serving on the TBID Board. 5E. All actions of the TBID Board shall be by a majority vote or consensus and shall be directed through the Chairperson. 6F. Minutes of each meeting shall be taken, shall be available as a public record and forwarded to the Council if requested. 7G. A special meeting may be called at any time by the Chairperson or by a majority of the Board members currently serving on the TBID Board, provided each member is given written notice of the special meeting at least 24 hours prior to the meeting, and the time and place of the special meeting is announced as required by California Law. 8H. All meetings shall be conducted in general accordance with Robert’s Rules of Order, newly revised edition, subject to minor variation by the Chair as appropriate to the needs of the advisory body. 9I. All Board members present at a meeting shall vote on any motion or resolution brought before the TBID Board, except when abstaining due to a conflict of interest. 10J. Any Board member with a conflict of interest shall not vote on or participate in any discussion of an item or in any way attempt to influence the decision on such item. 11K. Any failure to attend three (3) consecutive meetings or a total of six (6) regular meetings within any twelve-month period shall result in that member being , that member shall automatically be considered for replacement. 12.c Packet Pg. 240 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) ARTICLE 5. FUNCTIONS AND DUTIES A. The functions and duties of the TBID Board shall include, but not be limited to, the following: 1B. 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. 2C. Develop advertising and promotional programs and projects to benefit the lodging industry in San Luis Obispo. 3D. Present an annual assessment report to the City Council regarding the implemented promotional programs and projects. 4E. Perform any other lawful tasks as directed by the Council. ARTICLE 6. AMENDMENTS These bylaws may be amended by the Council, upon the recommendations of two- thirds of the members currently serving on the TBID Board, provided that the text of any such proposed amendment shall have first been provided in writing to each Board member. ARTICLE 7. FUND RESERVE POLICY The purpose of the Fund Reserve policy for the TBID is to ensure stability of the program under economic uncertainties. For the TBID Fund the level of the reserve has been established at $100,000. Under this policy, it is allowable for total expenditures to exceed revenues in a given year; however, the fund reserve can only be used to fund “one-time,” non-recurring expenditures upon TBID Board approval. In the instance funds are used, the reserve fund would be replenished to the established level in the next fiscal year. (LAST REVISED XX/XX/XXXX) 12.c Packet Pg. 241 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Tourism Business Improvement District Meeting Minutes Wednesday, April 8, 2015 10 am City Hall CALL TO ORDER: Chair Nipool Patel PRESENT: Patel, Pearce, Wilkins, Walker, Hutton, Phipps STAFF PRESENT: Molly Cano Call to Order at 10:01 am PUBLIC COMMENT Gamaliel Anguiano, City’s Transit Manager, introduced himself and shared a brief statement about the vision for the use of the trolley and other transportation modes within the City by visitors. He requested the opportunity to present to the TBID Board a more detailed presentation at a later date at the direction of the Board. The Board directed staff to agendize the topic within a future agenda as schedules allow. Chuck Davidson, Visit SLO County, informed the Board of the process delay based on a noticing error by the County. Due to this error a new public hearing has been scheduled for April 21st with the Board of Supervisors. The final public hearing is expected to be scheduled on June 10th but information would be shared once the dates were definite. APPOINTMENTS Kevin Phipps and Clint Pearce, appointed by the City Council on March 17, 2015, took the oath of office to serve on the TBID Board. CONSENT AGENDA ACTION: Moved by Hutton/Pearce to approve the consent agenda. Motion carried 6:0 PRESENTATIONS 1. MARKETING AGENCY MONTHLY UPDATE BCA & Studio Good staff summarized recent promotional activity during the previous quarter. Updates included mobile and desktop campaigns on sunset.com, bay area news group, LAtimes.com, google display, trip advisor and weekend Sherpa as well as social media on facebook & twitter. The RaceSLO arch was a major design focus as well as beginning the new digital asset production. SG noted recent ShareSLO blog updates and highlighted web traffic increase across all stats. BCA Staff noted that the 2015-2016 marketing plan is under development with the marketing committee and working on promotions for events throughout the next quarter. 2. SLO CHAMBER OF COMMERCE QUARTERLY UPDATE Pam Roberts from the SLO Chamber presented the report to the Board. Roberts noted the most popular item in the Visitor Center is the tear off map which we produce and contract with the PCC. These maps were also distributed throughout the quarter to all hotel properties. A new feature of the Visitor Center is selling local made products so visitors can take a little memento home with them. Roberts highlighted that per the contract, the customer service and phone line is intended to support the TBID digital and print advertising. This quarter, 547 calls were received on the SLO Town number. They also highlighted that two weekends in February wee sell-out weekends for the hotels in SLO. 12.c Packet Pg. 242 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Tourism Board Improvement District Minutes Page 2 BUSINESS ITEMS 1. ADDITIONAL SAVOR BAG ORDER The Board discussed the amount of SAVOR bags and the cost associated with the bags. Staff presented the Board with information on ordering additional SAVOR bag for TBID specific use and promotions. Staff recommended ordering 5000 bags based on the figure to use around 3500 for tradeshows, 500 for FAM, media, and conference attendees in market, and having around 1000 to use for other promotional opportunities throughout the year. Based on the cost of $1.45 plus tax and freight the expense was estimated around 8000. ACTION: Moved by Pearce/Hutton to approve the order of 5000 extra SAVOR bags for the TBID’s promotional use. Motion carried 5:0 Walker was absent during the vote) The Board directed staff to apply the estimated cost figure to the 2015-16 budget since payment for the bags would due in August. 2. ANNUAL PARTNERSHIP & FUNDING REQUESTS The Board received presentations on the annual partnership requests for 2015-16. The partnership requests were presented by: SLO Wine Country Association- The full partnership request was for $30,000 for 2015-16. The breakdown of the costs included: $12,000 for annual membership for all TBID members, $3000 for PR/Media hosting, $7000 for targeted tradeshow & media funding, 8000 for web & social media advertising. San Luis Obispo Chamber-of Commerce - the Chamber presented 2 proposals for the TBID’s consideration including the continuation of the TBID-Specific Telephone Fulfillment & Availability Assistance program and the addition of the PR services and media monitoring tool. The summary of the proposals was $31,000 for phone & availability program and about $88,000 ($80,000 for PR & $8000 monitoring service) for the complete the PR & media monitoring service. Within the proposal it was propsed for the TBID and PCC to share the PR contract expense equally at around $44,000 total each. After receiving the proposals the Board briefly discussed them. They noted the value of continued partnership with both organizations. Specially they discussed the addition of the PR contract to the TBID’s marketing mix and supported that direction. They directed the Management committee to review the proposal in depth and make recommendations back to the Board in May for the contracts and based on the budget allocations for 2015-16. 3. 2015-17 BUDGET DISCUSSION The Board discussed the general allocations for the 2015-16 budget for direction to the Management Committee. The marketing committee proposed the recommendation for $70,000 to be allocated for the redesign of the website. Hutton and Walker also discuss the consideration of exploring the concept of a Big Idea fund to position the TBID to support the changing environment of city and business community in SLO. Hutton also discussed with the Board the consideration to pursue looking into staff support for the tourism manager. 4. FINAL REVIEW OF COMMITTEE BYLAWS The Board reviewed amendments discussed during the March meeting to the bylaws for the Tourism Business Improvement District for approval to be submitted to the City Council. ACTION: Moved by Pearce/Walker to approved the bylaws as presented. Motion carried 6:0 12.c Packet Pg. 243 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Tourism Board Improvement District Minutes Page 3 5. TMD BOARD DESIGNATION The Management Committee presented the recommended approach for the selection of the SLO TBID representative to the TMD Board. The Board held the self-nomination period. Commissioners Phipps and Hutton nominated themselves. The Board discussed that while SLO was to hold only one designated, the other interested member would be encouraged to apply for one of the member at large seats. The Board discussed the importance of keeping continuity on the TMD Board from the transition committee. ACTION: Moved by Wilkins/Walker to appoint Kevin Phipps to the TMD Board and recommend Dean Hutton to apply for a member at large seat. Motion carried 6:0 6. HELIUM UPDATES The Management Committee presented an update on the next Helium deliverable. The Board discussed the list of reports, room and properties amenities for filtering, property information outreach, and deadlines. New reports included: geographical reports, booking snapshot reports, and day of the week booking report. The Management Committee also discussed that a fee might be required by most PMS systems to allow Helium to connect. 7. 2015-16 EVENT PROMOTION APPLICATION The Marketing Committee presented the proposed updates to the 2015-16 Event Promotion program application and process. ACTION: Moved by Pearce/Hutton to approve the letter as presented. Motion carried 6:0 8. CCTC PRESENTATION TO VISIT CALIFORNIA Staff presented the opportunity for the Board’s consideration to approve the participation and funding for the Tourism Manager’s involvement in the Central Coast Tourism Council (CCTC) presentation to Visit California staff in Sacramento on May 14, 2015. ACTION: Moved by Pearce/Wilkins to approve the Tourism Manager’s participation in the Visit California presentation with CCTC and allocate up to $1000 for expenses. Motion carried 6:0 COMMITTEE COMMUNICATION HOTELIER UPDATE None. MANAGEMENT COMMITTEE UPDATE Minutes were included. MARKETING COMMITTEE UPDATE Minutes were included. PCC UPDATE Minutes were included. TOURISM PROGRAM UPDATE No tourism update reported due to meeting length. Meeting adjourned at 12:07 pm 12.c Packet Pg. 244 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) Tree Committee Bylaws ARTICLE 1. PURPOSE The purpose of the Tree Committee is to advise City staff and the City Council on all matters related to trees in San Luis Obispo. ARTICLE 2. COMMITTEE MEMBERSHIP The Tree Committee shall have seven members and shall consist of one (1) representative from the Parks and Recreation Commission, one (1) representative from the Architectural Review Commission, and five (5) members from the general public (one of whom shall be a horticultural expert, if possible). Members must be residents and registered voters of the City. ARTICLE 3. TERMS OF OFFICE Committee members will be appointed by the City Council to staggered terms of four years, commencing April 1. Committee members will serve at the pleasure of the City Council. Any Committee member may be reappointed, provided no appointee serves more than two consecutive terms (eight8 years). ARTICLE 4. MEETINGS 1A. The Committee will hold a regular meeting each month. 2B. Regular meetings will be held at 5:00 pm the fourth Monday of each month. 3C. The Committee meetings will be duly advertised according to the Ralph M. Brown Act, and open to the public and held at the City’s Corporation Yard, located at 25 Prado Road in Conference Room A, San Luis Obispo, California or other previously announced locations at specific times as required by California law. 4D. A quorum will consist of three voting a majority of the established Committee members. 5E. All actions of the Committee will be decided by a majority vote or consensus and will be directed through the Committee Chair. 6F. Minutes of each meeting will be available as a public record in the Public Works Department. 7G. The Chairperson or any three members of the Committee may call a special meeting provided that a week’s prior notice is given in writing to each member and the meeting is otherwise properly noticed pursuant to the Brown Act. 12.c Packet Pg. 245 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) 8H. All Committee meetings will be conducted in accordance with City Practices, customs, and policies. Robert's Rules of Order, Newly Revised, shall be utilized as a guide in the conduct of meetings. 9I. 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. 10J. Any member with a declared conflict of interest will not vote or participate in any discussion of any item or in any manner attempt to influence the decision on that item. ARTICLE 5. SUBCOMMITTEES Subcommittees consisting of less than a quorum of the Committee can be appointed as needed by the Chairperson. ARTICLE 6. OFFICERS 1A. The officers will consist of a Chairperson and Vice-Chairperson who will be elected at the Committee meeting in April for one year terms. 2B. 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. 3C. 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. (LAST REVISED XX/XX/XXXX) 12.c Packet Pg. 246 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) 1 MEMBERS PRESENT: Ben Parker, Jane Worthy, Patty Andreen, Scott Loosley STAFF PRESENT: Ron Combs Mr. Parker called the meeting to order at 5 p.m. PUBLIC COMMENT Re: 1353 Pacific application withdrawn from the agenda, Rodney Thurman, 1355Pacific, stated that he was concerned with the viability of that tree’s roots andagreedwiththerampingproposal. MINUTES: Approval of Minutes of May 26, 2015 Ms. Worthy moved to approve the minutes as submitted. Mr. Loosley seconded the motion. The motion passed unanimously. TREE REMOVAL APPLICATIONS 1. 1010 Foothill (Misc. trees) Charlie Gibbs, property manager, discussed the removal request and proposedreplacementplantingsandlandscaping, although he did not have a planting planyet. He stated the trees were causing damage to the garage foundation, sidewalk andpathways, and parking lots, therein creating hazards. He said the removals wouldallowforrepairsandavoidliability. He reported that the pest mitigation alone hadcost $13K for rodent removal and insulation repairs. Mr. Combs stated that he brought the item to Committee due to the scope of theremovalrequest. Minutes Tree Committee Corporation Yard Conference Room, 25 Prado Road, San Luis Obispo Monday, June 22, 2015 at 5:00 pm 12.c Packet Pg. 247 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) 2 Richard Ciesielski discussed the palm proposed for removal and the rat problems itposed, as well as outlining volunteer sproutings. Ms. Andreen felt if removals were approved, they should be staggered andprioritized. She felt the palm and weeping tree should be retained. Mr. Loosley agreed the liquid amber could be removed, as well as the two junipersandtheItaliancypress. He did not favor removing the camphor or the otherweepingtree, as he felt those were salvageable. Mr. Parker discussed banding the palm to keep rats out of it. He felt the treesgrowingclosetothebuildingcouldberemoved. Ms. Andreen moved to approve the removal request for all of the trees, except thepalmandtheweepingtree, based on promoting good arboricultural practice andrequired1515-gallon trees to be chosen from the Master Street Tree list andplantedbyDecember31, 2015. Mr. Loosley seconded the motion. The motion passed unanimously. 2. 676 and 680 Buchon St. (3 palms) Aline Cullen, applicant, discussed the removal request, noting the fronds continuallyfellandrootsweredamagingthehardscape. She stated that an arborist had agreedwiththepalms’ removals and she preferred to replant with some fruit trees. Mr. Combs stated he could not make his necessary findings for removal. John Olson, neighbor, supported the removals due to past damage and sewer issuesthatthetreeshadcausedandfelttheyposedaliability. Ms. Worthy felt the trees had outgrown the space and their usefulness. Mr. Loosley moved to approve the removal request, based on promotinggoodarboriculturalpracticeandrequiredtwo15-gallon trees to be chosen from theMasterStreetTreelistandplantedbyDecember31, 2015. Ms. Andreen seconded the motion. The motion passed unanimously. 3. 2342 Meadow (Eucalyptus) 12.c Packet Pg. 248 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) 3 Rebecca Ellis discussed the removal request, stating the tree was a major hazardandsafetyconcernespeciallyinwindyconditions, that it was beetle infested and toolargeforthearea. She didn’t feel topping was a solution and noted there would stillbefourtreesleftinthestand. Mr. Combs stated he could not make his necessary findings. Mr. Parker wanted the City Biologist to sign off on the habitat issue prior to removal. He thought extensive pruning could be effective. Ms. Worthy felt the tree should be pruned instead of removed. Mr. Loosley did not feel the tree could be effectively pruned without looking toppedandagreeditposedaliability. Ms. Andreen agreed with Mr. Loosley and felt removal would not harm the characteroftheneighborhood. She agreed any removal should be contingent on CityBiologist’s approval. Ms. Andreen moved to approve the removal request, based on promoting goodarboriculturalpractice, contingent on City Biologist’s approval, and removal wouldnotharmthecharacteroftheneighborhoodorenvironment, and required one 15-gallon tree to be chosen from the Master Street Tree list and planted by December31, 2015. Mr. Loosley seconded the motion. The motion passed, with Ms. Worthy voting against. 4. 1680 El Caserio (4 Mexican fan palms) Chuck Miller, applicant, discussed the removal request that was a returning itemanddiscussedthelandscapingplanproposedfortheproperty, which would includeremovalallofthelawnandinstallingartificialturf. He discussed the problems hehadbeenhavingwiththepalmsregardingdrivewaydamage, sewer issues and frondlitter, and that the bulb base and roots interfered with the turf implementation. Henotedthattheneighborssupportedremovingthetrees. Mr. Combs reported that he could not make the necessary findings for removal. The Committee discussed the removal request and agreed that the sewer issueswerenotlikelyasresultoftheshallowrootingofthetreesandthatthesehealthyspecimenswereskylinetreesandremovingthemwouldharmthecharacteroftheneighborhood. They felt the turf installation would work around any issues thatretainingthetreeswouldcreate. 12.c Packet Pg. 249 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) 4 Mr. Loosley moved to deny the request, as he could not make the necessary findingsforremoval. Ms. Worthy seconded the motion. The motion passed unanimously. 5. 1321 & 1327 Osos St. The item had been withdrawn. 6. 546 Higuera (Eucalyptus, Ficus, walnut) John Belsher, applicant’s representative, discussed the removal request andsubmittedaletterofneighborhoodsupportforthetrees’ removals. He stated theeucalyptuseswereahazardtothedenselypopulatedpropertyandtoDanaSt. neighbors. He discussed the replacement of utilities in the mobile home park andthehistoryofthesite. He reported they would be planting willow sprigs staggered along the creek bankthatwouldgrowtosupportbankstabilizationintheriparianarea. He outlined theplanofcontinualcuttingbackoftheeucalyptuswhilewillowsweregrowing. HestatedtheFicusandthewalnutwerevolunteersandgrowingtooclosetothestructureandutilitiesandthatiftheywereremoved, he would plant a Ficus in theemptystreetwell. Mr. Combs felt the applicant’s proposals were favorable, provided the City BiologistandFish & Game approved any habitat removal. Ms. Andreen agreed with planting the 24” box Ficus in the street well, as well asanotherreplacementtreeifthetwofronttreeswereremoved. She favored removalofthebacktrees, based on the City Biologist’s approval. Mr. Parker agreed with Ms. Andreen. Ms. Worthy felt some other natives could be introduced along with the willows. Mr. Loosley favored removing the two front trees but was concerned that theskylineeucalyptuswouldbemissedandsuspectedtheyprovidednestingfor birds. He felt those trees could be pruned and retained Mr. Parker moved to approve the removal of the walnut and the focus, based onpromotinggoodarboriculturalpracticeandrequiredreplacementwithone24” boxFicusandone15-gallon tree chosen from the Master Street Tree list and planted byDecember31, 2015. 12.c Packet Pg. 250 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e ) 5 Ms. Andreen seconded the motion. The motion passed unanimously. Mr. Parker moved to deny the removal request for the eucalyptus without prejudiceasremovalinputwasneededfromtheCityBiologistandFish & Game agencies. Ms. Worthy seconded the motion. The motion passed unanimously. The applicant was invited to return with the removal request once the agencies hadweighedin. 7. 1353 Pacific This item had been withdrawn. OLD BUSINESS Mr. Combs distributed copies of the revised changes to the by-laws, based onCommitteediscussion. The Committee agreed that Article 2 should allow that a horticultural expert shall bepartoftheCommitteeifpossibleandregardingArticle4, they agreed that a quorumshallconsistofaminimumofthreevotingCommitteemembers. Ms. Andreen moved to adopt the by-law revisions as proposed and agreed upon intheabovediscussion. Ms. Worthy seconded the motion. The motion passed unanimously. ARBORIST REPORT Mr. Combs discussed the Branch Street removal and pruning project, stating theprogresswasmovingalongwell. The meeting adjourned at 6:50 p.m. to next regular meeting scheduled for Monday, July 27, 2015 at 5:00 p.m. Respectfully submitted, Lisa Woske, Recording Secretary 12.c Packet Pg. 251 At t a c h m e n t : c - A d v i s o r y B o d y B y l a w s a n d M i n u t e s ( 1 0 9 7 : A d v i s o r y B o d y B y l a w s a n d H a n d b o o k U p d a t e )