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HomeMy WebLinkAboutReso 18-16 Amending the Advisory Board By-lawsRESOLUTION NO. 1846 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING THE ADVISORY BOARD BY-LAWS TO CHANGE MEETING FREQUENCY FOR PUBLIC WORKS ADVISORY BOARD, RECREATION AND PARKS COMMISSION AND TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD, AND INCREASE THE NUMBER OF MEMBERS ON THE CITIZENS OVERSIGHT COMMITTEE (ACTING AS THE CITIZENS FINANCE COMMITTEE) THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay has established an Advisory Boards Handbook and By -Laws to set forth their purpose, procedures, and specific issues such as their functions, meeting dates, officers, vacancies, and budget; and WHEREAS, the City Council desires to amend the applicable by-laws to increase the meeting frequency for the Public Works Advisory Board, Recreation and Parks Commission and Tourism Business Improvement District Advisory Board; and WHEREAS, the City Council desires to amend the applicable by-laws to increase the number of members on the Citizens Oversight Committee (acting as the Citizens Finance Committee) from five to seven members; and WHEREAS, the City Council desires to correct various other non -technical grammatical and typographical items in the Handbook. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, does hereby amend the By -Laws for the Public Works Advisory Board, Recreation and Parks Commission, Tourism Business Improvement District Advisory Board and Citizens Oversight Committee (acting as the Citizens Finance Committee), as set forth in Exhibit A and dated March 22, 2016, Advisory Boards Handbook and By -Laws. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on this 22nd day of March, 2016 on the following vote: AYES: Irons, Headding, Johnson, Makowetski, Smukler NOES: None ABSENT: None ABSTAIN: None ww JAAff L. IRON ATTEST: DANA SWANSON, City Clerk Mayor �C•i Date: March 22, 201�6 Approved by Resolution 18-16 Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. 'I1 � Welcome and thank you for your interest in serving on one of the City's Advisory Boards. By serving on one of Morro Bay's Advisory Boards, you can help plan and guide the City's future. It is important that members of the Advisory Boards understand the functions and responsibilities of a board member. We hope that you find serving on the City's advisory board personally satisfying, and in the process gain invaluable knowledge and experience. The City of Morro Bay Municipal Code empowers the City Council to form boards and commissions to assist the City Council in legislating and managing the affairs of the City. From time to time citizen advisory committees are appointed to meet a specific topic and need. Their varied roles provide significant opportunities for formulating City policy and for creating public forums for meaningful community participation. Consistent with the City's Mission Statement, advisory boards can help the City achieve its mission and purpose, which is to preserve and enhance the citizens of Morro Bay's quality of life. This Handbook shall serve as a guide to assist you in the sometimes -complex, but often rewarding, process of serving on one of the City's Advisory Boards. These advisory bodies assist the City Council in making better -informed decisions by formulating new ideas, information gathering, receiving public testimony and comments, analyzing complex issues, and making recommendations on specific projects and broad policy. Advisory Boards advise the City Council and the City Manager on matters within their area of responsibility and interest; help focus attention on specific issues and problems within their scope of responsibilities, and recommend action and alternatives for Council consideration; act as channels of communication among City government, the general public, and interest groups; and balance community wants with municipal responsibility and resources. At times, your role may be challenging and complex. Public opinion can be sharply divided, questions may- overlap, and sometimes the province of .one body may also be the territory of another. Therefore, we have created this handbook to assist you with some of the fundamental aspects of your new responsibility. nsvrsED: MARCH22, 2016 PaGE2 Much of the information in this handbook comes from City policy, such as the City's Municipal Code and the City Council Policies and Procedures Manual. 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. Each Advisory Board within the City has its own By -Laws. The By -Laws are included herein for your ease of reference. The sections of the Handbook are divided as follows: 1. General Information on Advisory Boards 2. FAQs 3. Background Information of City Government 4. The Brown Act 5. Political Reform Act of 1974 (Conflict of Interest) 6. Advisory Body Summary 7. Advisory Board By -Laws We hope this handbook will answer many of your questions, get you off to a good start, and contribute to your satisfaction in serving the citizens of the City of Morro Bay. REVISED: MARCH22, 2016 PAGE 3 1. General Information on Advisory Bodies Advisory bodies are authorized by both the Morro Bay Municipal Code and the City Council. Advisory boards provide an opportunity for interested residents to participate in the governing of their community under guidelines and procedures established by the Council. Advisory boards 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 boards, they can serve as the "eyes and ears" of the Council for issues and matters that otherwise might not receive attention. Other benefits of advisory boards 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 responsibility of these bodies. Advisory boards have been created by the City Council to serve the City of Morro Bay's unique needs. The authority of an advisory body will depend upon its specific purpose. Each has a specific focus and will make recommendations to the Council on issues related to that specific field. Decisions made by an advisory body may be appealed to the Council. The Council may not always accept the recommendation of an advisory body because of additional information available or a need to balance the recommendation with policy or community priorities. Generally, advisory bodies are empowered only to make recommendations to the Council or to the City staff, unless specifically authorized by law or Council to do otherwise. 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. Advisory board members are encouraged to attend and/or watch Council meetings. Members of the advisory boards are volunteers who are appointed by the City Council and serve at the pleasure of the City Council. There is no compensation or benefits for board members, except for Planning Commission, whose responsibilities are greater and meetings more frequent. All members are expected to attend scheduled advisory board meetings and all meetings shall be conducted in accordance with Robert's Rules of Order, City Council Policies and Procedures Manual and State Law. As used herein references to advisory board shall include commission and committee. Currently, the City of Morro Bay has seven advisory boards: • Harbor Advisory Board • Public Works Advisory Board • Recreation and Parks Commission • Tourism Business Improvement District Board • Planning Commission • Citizens Oversight Committee/Finance Committee nEvrsED: MARCH22, 2016 PAGE 4 2. Frequently Asked Questions A. HOW ARE ADVISORY BOARD MEMBERS CHOSEN? � ► � ► 1 ICI [�7►i7:Z�Z/I Ji.Xy • All recruitment for advisory board members is open and published in a local newspaper. The City accepts applications from interested persons throughout the year. • Applicants will be sought from all segments of the community, representing various interests and groups. • Appointment is made by the City Council. Each application is carefully reviewed by the City Council. • Members serve at the pleasure of the City Council. • Incumbents are considered for reappointment at the conclusion of their terms. • Terms are four years, commencing on February 1st, and the terms are staggered. ♦ HOW DO I GET AN APPLICATION? • Applications may be obtained from the City Clerk's office at City Hall. Information on vacancies and/or specific recruitment periods may be requested by phoning the City Clerk. An official application form must be completed for each position. ♦ ARE THERE ANY TIPS TO IMPROVE MY CHANCES OF BEING APPOINTED? • Fill out a separate form for each advisory board in which you are interested. It is to your advantage to tailor each application to the specific board or commission for which you are applying. Emphasize different aspects of your background to match those needed for a particular advisory board. • Emphasize your talents. Clearly indicate how your particular talents, skills, training, or experience will benefit the advisory board for which you wish to be considered. • Become familiar with the appropriate advisory board. Attend meetings, talk with advisory board members, or read documents they have developed to acquaint yourself with their work. Talk with the department head responsible for staffing the specific advisory board in which you are interested. nEvrsED: MARCH22, 2016 PAGE S B. QUALIFICATIONS FOR SERVICE Advisory board members may be required to wear "different hats" at different times. The ability to suitably perform the varied roles requires specialized skills and knowledge. Qualification for service can be divided into four general areas: The ability to conceive and be concerned with the impact of current decisions on future citizens is paramount. Advisory board members are required to analyze issues, to listen to public comment through formal hearings or informal discussion, to interpret and apply mandates of the General Plan, and to analyze all the pertinent data before arriving at objective decisions which will be in the best interest of the community as a whole. ® FAIRNESS, COMMON SENSE, HONESTY AND GOOD CHARACTER Keeping the public interest in mind, a board member will be called upon to use every day good sense in balancing the need of public and private groups. Controversial issues do arise, and the ability to make decisions based on merit rather than personalities is a must. Other traits include imagination, flexibility and the ability to act in a judicial vs. legislative capacity. ® KNOWLEDGE OF THE COMMUNITY MARKETPLACE, PROCESS, OBJECTIVES, AND LAWS A first-hand knowledge of economic systems, the general operation of government, and a basic understanding of the legal process is important. This knowledge will be of tremendous value when board members are required to conduct public hearings, analyze and receive testimony and make meaningful decisions. The amount of time an advisory board member devotes to his/her duties varies with each advisory board. Before making a personal commitment, a prospective applicant should honestly evaluate whether he/she has adequate free time to attend the meetings, to review and be familiar with meeting materials, and to communicate with the public as well as with department staff. REVISED: MARCH22, 2016 PACE 6 C. STATEMENTS OF ECONOMIC INTERESTS /CONFLICT OF Members of any advisory board are required to file Statements of Economic Interest. Additionally, advisory board members are required to refrain from participation in matters where they have the potential for conflict of interest. (See Section 5 for the City's policy on Conflict of Interest) nEvrsED: HARCH22, 2016 PAGE 7 3. Background Information on City Government The City %J Morro Bay is a general law city and became incorporated in 1964 and operates under the laws of the State of California. The City Council, City Manager, City Clerk and City Attorney are integral to the day-to- day operations of the City. As such, we have included a summary of the City government's main function for your information and reference. a. City Council: The City Council is elected by a majority vote by the citizens of Morro Bay. The City Council is the governing body of the City and is made up of the Mayor and four council members. The City Council is accountable to the citizens of Morro Bay. The decisions of the City Council are reached by a majority vote. The City Council formulates policy, approves programs, appropriates funds and establishes local taxes and assessments. The City Council enacts local laws (ordinances) and regulations for governing of the City. The local ordinances adopted by the City Council are compiled in the City's Municipal Code. b. City Manager: The City Manager is the administrative head of the government of the City. The City Manager is appointed by the City Council, and serves at its pleasure. The City Manager's duties include implementation of policies and procedures initiated by the City Council. The City Manager also is responsible for all City personnel, except as to the City Attorney, and serves as a liaison to each board, unless otherwise noted in the Board By -Laws. c. Ci . Clerk: The City Clerk's duties include, but are not limited to: recording, writing and maintaining Council proceedings, conducting municipal elections, publishing ordinances and resolutions and Aber official City documents, storing and indexing official documents and City records for retrieval, administering Conflict of Interest disclosures, and serving as the custodian of the seal A the City. nEVISEo: MARCH22, 2016 PacEB d. City Attorney: The City Attorney is appointed by the City Council. The City Attorney advises the City Council and City Officers (in their official capacity) in legal matters, attends all Council meetings and some board meetings, represents the City in legal actions and proceedings, and retains, supervises and monitors outside legal counsel. The City Attorney also approves all bonds and contracts made by the City, prepares ordinances and resolutions as required by the Council and prosecutes violations of the City's Municipal Codes and Ordinances. REvrsED: MARCH22, 2016 PAGE9 4. The Brown Act This is "me -Le glimpse %J the Brown Act. A more detailed Brown Act and Pocal Reform Act Booklet is available to the advisory board through the City Attorney's office. a. The Brown Act. The general purpose of the Brown Act is to aid in the conduct of the people's business. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not for the people to know. Therefore, it is the intent of this Act that the actions and deliberations of all local agencies be taken openly, including deliberations and collective discussion involving the examination, weighing and reflection on the reasons for or against a choice. It also includes the exchange of facts preliminary to the ultimate decision. Generally all meetings of City boards, commissions, committees and groups are to be open and public and all persons are to be permitted to attend any meeting. Under certain strict circumstances, closed session meetings are permitted. Brown Act Compliance is absolutely required. We encourage you to carefully review the Brown Act Booklet which is available through the City Attorney's Office which describes in detail the Brown Act. nEv1sE�: MARCH22, 2016 PAGE 10 5. Political Reform Act (Conflicts of Interest) A. Back rg ound The Political Reform Act (Government Code sections 81000, et seq.) was approved by the voters of the State of California and is intended to prevent conflicts of interest by requiring public officials to disclose certain personal financial interests which could foreseeably cause conflicts. In addition, a public official may be required to disqualify himself/herself from making, participating in, or attempting to influence any government decision which will affect any of his/her financial interests, not just those that are required to be disclosed. The City's Brown Act and Political Reform Act Booklet explains in more detail what a conflict of interest is; and when the law requires disqualification. In addition, the Fair Political Practices Commission is available for advice. Under the Political Reform Act, no public official may make, participate in making, or in any way attempt to use his or her official position to influence a governmental decision if he or she knows or has reason to know that he or she has a financial interest. (Government Code Section 87100). A public official has a financial interest in a decision if it is reasonably Foreseeable that the decision will have a material financial effect on one or more of his or her economic interests. (Government Code Section 87103; 2 Cal. Code of Regs. Section 18700 (a)). The term "financial interest" denotes a conclusion that a public official has a financial interest in a decision if it is concluded that it is reasonably foreseeable that the decision will have a material financial effect on his or her economic stake greater than that of other citizens. The term "economic interest" is a label applied to the particular types of stakes recognized by the Act as potential sources of a conflict of interest. There are specific types of economic interest recognized by the Act, as such, we direct you to carefully review the Brown Act and Political Reform Act Booklet which is available from the City Attorney's Office and/or visit the Fair Political Practices Commission Web page for more detailed information. B. City Re arm Conflicts of Interests Because the City of Morro Bay is a small, closely knit community it is imperative that the citizens have trust and confidence in City government. Therefore, the City has adopted this public policy to prevent any possibility of conflict that may arise. Generally stated, any elected or appointed official has a conflict of interest if he or she has a financial interest in a project before the City and/or when compensation is received from anyone seeking approvals from the City. There are some exceptions but, generally, elected or appointed officials are prohibited from voting on projects where a conflict exists. A conflict of interest also occurs when officials live within a certain distance from a project (usually 500 feet). Even if a legal conflict does not exist, it may be inappropriate to participate in a decision for personal reasons to avoid even the appearance of a conflict of interest. As an example, there REviscD: �LIARCH22, 2016 PAGE 11 could be a conflict if your good friend has a matter before your board, and you do not feel that it would be appropriate for you to voice an opinion in your "City" capacity. While the latter case is not defined by the Fair Political Practices Commission as a conflict, it could be perceived as a conflict, and then stepping down is appropriate. It is the policy of the City, in addition to strictly adhering to the FPPC rules, all elected and appointed officials conduct themselves in a manner that does not raise a reasonable perception or belief that there is a conflict of interest or an abuse of your position. All board and commission members should avoid the appearance of conflict at all costs. If you step down from the dais and refrain from voting on an issue, then you are not precluded from speaking as an individual. Your presentation, however, must be made from the floor, at the microphone with the rest of the public. You should state for the record that you are speaking as an individual. Many times in the past, Council Members and advisory board members have stepped down from their official position at the dais when projects are presented in which there may be the potential for conflict of interest. That provides the opportunity to present your views as an individual on any matter before any City body. nEVISED: MARCH22, 2016 PAGE 12 6. ADVISORY BOARD BY-LAWS The City Council has approved the rules and regulations (referred to herein as By -Laws) to set forth their purpose, procedures, and specific issues such as their functions, meeting dates, officers, vacancies and budgets. All advisory board meetings will be conducted in strict compliance with Robert's Rules of Order, the City Council Policy and Procedures and State Law. For more detailed information, we suggest you review the City Council's Policies and Procedures Manual. Attached hereto are the applicable By -Laws for all of the City of Morro Bay's Advisory Boards. trEvisE�: MARCH22, 2016 PAGE 13 MWdLVLWUVVJM V DYI PURPOSE AND AUTHORITY The Harbor Advisory Board is established to review, advise and recommend to the City Council on items pertaining to the City Harbor. These include, but are not limited to: A. Use, control, promotion and operation of vessels and watercraft within the harbor, docks, piers, slips, utilities and publicly -owned facilities as a part of the City's Harbor, and water commerce, navigation, or fishery in the Harbor. B. Review and recommend rules and regulations pertaining to any of the matters listed in subsection A of this section. C. Review and recommend rates, tolls, fees, rents, charges or other payments to be made for use or operation of the Harbor. D. The Board shall make reports and recommendations to the various city boards, commissions or the City Council on matters relating to activities within the harbor. When requested to do so, will review items referred by other city boards, commissions or the City Council. Resulting reports and recommendations will be included in presentations before the City Council. APPOINTMENT The Harbor Advisory Board shall be comprised of seven voting members, four of which must be qualified electors of the City of Morro Bay. Appointments and the filling of vacancies shall be made by the City Council. Harbor Advisory Board members shall serve at the pleasure of the City Council. The City Council will attempt to select members from the following categories: Morro Bay Commercial Fishermen's Association Waterfront Leaseholders Marine Oriented Business Recreational Boating Representative of South Bay/Los Osos Two Members at Large nEvrsED: MARCH22, 2016 PAGE 14 However, the City Council and Harbor Advisory Board recognize the importance of the Morro Bay Commercial Fisherman's Association (MBCFO) seat, and acknowledge that it is often difficult for commercial fishermen serving on the HAB to meet the attendance requirements due to the nature of their business. As such, up to two (2) Alternate MBCFO members to the Primary member may be appointed by the City Council in the same manner and fashion as regular appointments in order to stand-in for the Primary member in the event of the Primary member's absence. TERMS OF OFFICE Members shall serve, without compensation, for a period of four (4) years commencing February I" in the year specified when members are appointed. Appointments shall be made in such a manner so as no more than three members' terms expire concurrently. Unanticipated vacancies shall be filled for the duration of the unexpired term only. QUALIFICATIONS Four of the seven members must be a resident and registered voter of the City during the term of appointment, unless excepted by State Law or Council approved special requirements; must be at least 18 years of age at the time of appointment; and, may not be an Elected Official, Officer, or Employee of the City of Morro Bay. (Council Policies and Procedures, Section 6.6.1) ABSENCE FROM MEETINGS Absence of a Board Member from three consecutive meetings or four meetings in any consecutive 12-111onth period will constitute the voluntary resignation of the absent member and the position will be declared vacant. ORGANIZATION At the first regular meeting in each year wherein newly appointed Members are seated, the Members shall elect a Chairperson and Vice -Chairperson who shall hold office for a period of one year. The Chairperson shall preside over meetings, appoint appropriate sub -committees, and Erect the affairs of the Committee. In the absence of the Chairperson, duties of the office shall be performed by the Vice -Chairperson. If both the Chair and Vice -Chair are absent, the remaining quorum shall appoint one member to preside at that meeting. The City of Morro Bay staff will maintain accurate minutes of the official activities of the Harbor Advisory Board. REVISED:• MARCH22, 2016 PAGE I5 PROCEDURE Regular meetings shall be held monthly on a regular schedule. The meetings shall be open to the public. The date, time and location along with the meeting agenda shall be noticed in accordance with Government Code Sections 54970-54975. The Chair may close meetings to public comments, provided that the action is consistent with the Brown Act. Agendas, reports, meetings and any and all actions shall be governed by the requirements of the Brown Act, as amended. These advisory board meetings will be conducted in strict compliance with the City Council Policies and Procedures Manual. Where used in the City Council Policies and Procedure Manual, the term "City Council" shall mean the "Harbor Advisory Board", the term "Mayor" shall mean "Chairperson" and the term "Council Member" shall mean "Harbor Advisory Board Member". In all matters and things not otherwise provided for in the by-laws or the Policies and Procedures of the City Council, proceedings shall be governed by "Robert's Rules of Order," revised edition. However, no ordinance, resolution, proceeding or other action of the City Council pertaining to the Harbor Advisory Board shall be invalidated or the legality thereof otherwise affected by the failure or omission to observe or follow "Robert's Rules of Order." Communication between the Harbor Advisory Board Members and the Council shall be in accordance with the City Council Policies and Procedures as currently adopted. QUORUM A majority of voting members shall constitute a quorum. CITY STAFF The City Manager or the designee of the City Manager shall be responsible for preparing agendas, reports, and minutes pertaining to Harbor Advisory Board business and shall attend the Harbor Advisory Board meetings. BY-LAW AMENDMENTS All amendments to the By -Laws shall be approved by the City Council. nEvrsED: MARCH22, 2016 PAGE 16 i The Public Works Advisory Board is established to review, advise and recommend to the City Council on items pertaining to Water, Waste -water, Streets, Recycling, and Solid Waste, Cable Television, Telecommunications, Trees, Transportation and other issues related to Public Services Department responsibilities. The Board shall make reports and recommendations to the various city boards, commissions or the City Council on the above matters. When requested to do so, will review items referred by other city boards, commissions or the City Council. Resulting reports and recommendations will be included in presentations before the City Council. APPOINTMENT The Public Works Advisory Board shall be comprised of seven voting members, all of which must be qualified electors of the City of Morro Bay. Appointments and the filling of vacancies shall be made by the City Council. The Public Works Advisory Board members shall serve at the pleasure of the City Council. TERMS OF OFFICE Members shall serve, without compensation, for a period of four years commencing February 1st in the year specified when members are appointed. Appointments shall be made in such a manner so as no more than three members' terms expire concurrently. Unanticipated vacancies shall be filled for the duration of the unexpired term only. QUALIFICATIONS A member must be a resident and registered voter of the City during the term of appointment, unless excepted by State Law or Council approved special requirements; must be at least 18 years of age at the time of appointment; and, may not be an Elected Official, Officer, or Employee of the City of Morro Bay. (Council Policies and Procedures, Section 6.6.1) a�vlsED: MARCH22. 2016 PAGE 17 ABSENCE FROM MEETINGS Absence of a Board Member from two consecutive meetings or three meetings in any consecutive 12-month period will constitute the voluntary resignation of the absent member and the position will be declared vacant. At the first regular meeting in each year wherein newly appointed Members are seated, the Members shall elect a Chairperson and Vice -Chairperson who shall hold office for a period of one year. The Chairperson shall preside over meetings, appoint appropriate sub -committees, and direct the affairs of the Committee. In the absence of the Chairperson, duties of the office shall be performed by the Vice -Chairperson. If both the Chair and Vice -Chair are absent, the remaining quorum shall appoint one member to preside at that meeting. The City of Morro Bay staff will maintain accurate minutes of the official activities of the Advisory Board. PROCEDURE Regular meetings shall be held every month on a regular schedule. The meetings shall be open to the public. The date, time and location along with the meeting agenda shall be noticed in accordance with Government Code Sections 54970-54975. The Chair may close meetings to public comments, provided that the action is consistent with the Brown Act. Agendas, reports, meetings and any and all actions shall be governed by the requirements of the Brown Act, as amended. These advisory board meetings will be conducted in strict compliance with the City Council Policies and Procedures Manual. Where used in the City Council Policies and Procedure Manual, the term "City Council" shall mean the "Board", the term "Mayor" shall mean "Chairperson" and the term "Council Member" shall mean "Public Works Advisory Board Member". In all matters and things not otherwise provided for in the by-laws or the Policies and Procedures of the City Council, proceedings shall be governed by "Robert's Rules of Order," revised edition. However, no ordinance, resolution, proceeding or other action of the City Council pertaining to the Public Works Advisory Board shall be invalidated or the legality thereof otherwise affected by the failure or omission to observe or follow "Robert's Rules of Order." Communication between the Public Works Advisory Board members and the Council shall be in accordance with the City Council Policies and Procedures as currently adopted. nEvrsED: MARCH22, 2016 PAGE 18 E A majority of voting members shall constitute a quorum. CITY STAFF The City Manager or the designee of the City Manager shall be responsible for preparing agendas, reports, and minutes pertaining to the Public Works Advisory Board business and shall attend the Public Works Advisory Board meetings. BY-LAW AMENDMENTS All amendments to the By -Laws shall be approved by the City Council. nEv�sED: MARCH22, 2016 PAGE 19 The Recreation and Parks Commission is established to provide the following: A. Act in an advisory capacity to the City Council in all matters pertaining to parks and public recreation and to cooperate with other governmental agencies and civic groups in the advancement of sound recreation and parks planning and programming. The Board shall make reports and recommendations to the various city boards, commissions or the City Council on the above matters. When requested to do so, will review items referred by other city boards, commissions or the City Council. Resulting reports and recommendations will be included in presentations before the City Council_ B. Formulate policies on recreation services, parks and open space for approval by the City Council. C. Recommend to the City Council the development of recreational areas, parks, facilities, open spaces, programs, and improved recreation services. D. Recommend to the City Council the adoption of rules, regulations and standards concerning recreation and parks in respect to organization, personnel, areas and facilities, program and financial support. E. Advise the Recreation and Parks Director in the preparation of the annual parks maintenance, park improvement and recreation budgets and long-range recreation and parks facilities improvements. F. -Hold public hearings and meetings to conduct investigations and surveys for the purpose of securing facts and data concerning parks and public recreation. APPOINTMENT The Recreation and Parks Commission shall be comprised of seven voting members, five of which must be qualified electors of the City of Morro Bay. Appointments and the filling of vacancies shall be made by the City Council. Commissioners shall serve at the pleasure of the City Council. REVISED: MARCH22, 2016 PAGE 20 TERMS OF OFFICE Members shall serve, without compensation, for a period of four (4) years commencing February 1st in the year specified when members are appointed. Appointments shall be made in such a manner so as no more than three members' terms expire concurrently. Unanticipated vacancies shall be filled for the duration of the unexpired term only. QUALIFICATIONS Five of the seven members must be a resident and registered voter of the City during the term of appointment, unless excepted by State Law or Council approved special requirements; must be at least 18 years of age at the time of appointment; and, may not be an Elected Official, Officer, or Employee of the City of Morro Bay. (Council Policies and Procedures, Section 6.6.1) ABSENCE FROM MEETINGS Absence of a Board Member from two (2) consecutive meetings or three (3) meetings in any consecutive 12-month period will constitute the voluntary resignation of the absent member and the position will be declared vacant. ORGANIZATION At the first regular meeting in each year wherein newly appointed Members are seated, the Members shall elect a Chairperson and Vice -Chairperson who shall hold office fora period of one year. The Chairperson shall preside over meetings, appoint appropriate sub -committees, and direct the affairs of the Committee. In the absence of the Chairperson, duties of the office shall be performed by the Vice -Chairperson. If both the Chair and Vice -Chair are absent, the remaining quorum shall appoint one member to preside at that meeting. The City of Morro Bay staff will maintain accurate minutes of the official activities of the Commission. Regular meetings shall be held every month, except the months of February, June, October and December, on a regular schedule. The meetings shall be open to the public. The date, time and location along with the meeting agenda shall be noticed in accordance with Government Code Sections 54970-54975. The Chair may close meetings to public comments, provided that the action is consistent with the Brown Act. Agendas, reports, meetings and any and all actions shall be governed by the requirements of the Brown Act, as amended. nsvrsED: MARCH22, 2016 PACE21 All Commission meetings will be conducted in strict compliance with the City Council Policies and Procedures Manual. Where used in the City Council Policies and Procedure Manual, the term "City Council" shall mean the "Commission", the term "Mayor" shall mean "Chairperson" and the term "Council Member" shall mean "Commissioner". In all matters and things not otherwise provided for in the by-laws or the Policies and Procedures of the City Council, proceedings shall be governed by "Robert's Rules of Order," revised edition. However, no ordinance, resolution, proceeding or other action of the City Council pertaining to the Commission shall be invalidated or the legality thereof otherwise affected by the failure or omission to observe or follow "Robert's Rules of Order." Communication between the Commission members and the Council shall be in accordance with the City Council Policies and Procedures as currently adopted. QUORUM A majority of voting members shall constitute a quorum. CITY STAFF The City Manager or the designee of the City Manager shall be responsible for preparing agendas, reports, and minutes pertaining to Commission business and shall attend the Commission meetings. BY-LAW AMENDMENTS All amendments to the By -Laws shall be approved by the City Council. REVISED: MARCH22, 2016 PAGE 22 PURPOSE AND AUTHORITY The Morro Bay Tourism Business Improvement District (MBTBID) Advisory Board (the "Board") advises the City Council on the administration and use of the MBTBID assessment funds. The Board recommends projects to the City of Morro Bay to promote tourism to directly benefit the City's lodging industry. The primary purpose of the MBTBID is to increase occupancy and room nights across. all lodging types (motel, hotels, bed and breakfast) that pay the business improvement assessment, along with transient occupancy tax (TOT) within the City while placing particular emphasis on marketing that positively impacts the lodging. APPOINTMENT The Board shall be comprised of seven voting members. Appointments and the filling of vacancies shall be made by the City Council. The Board members shall serve at the pleasure of the City 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 Board shall be exempt from residency requirements otherwise applicable to other City advisory boards. In addition, a member of the Board may not sit on any other City advisory board. TERMS OF OFFICE Members of the Board shall serve, without compensation, for a period of four years. Appointments shall be made in such a manner such that no more than three members' terms expire concurrently. Unanticipated vacancies shall be filled for the duration of the unexpired term only. If a vacancy is within the last 6 months of a term, then it will be held over to the normal interview process. QUALIFICATIONS The Board shall consist of five members from the Morro Bay lodging industry and two members from the community at large. The five members from the lodging industry shall consist of three members representing hotels "at large" (no specific number of rooms), and two other positions shall give preference to a nEr�sEn. MARCH22, 2016 PAGE23 member representing lodging rooms of less than 22 rooms and one member representing 50 or less rooms (single hotel or cumulative representation), respectively. If no preferential applicant from a small or large hotel — as defined above — apply, then the seat shall be made available to applicants at an "at large" hotelier representative basis. The community "at large" members shall be residents and registered voters of the City during the term of appointment. Each member must be at least 18 years of age at the time of appointment and may not be an Elected Official, Officer, or Employee of the City of Morro Bay. (Council Policies and Procedures, Section 6.6.1) FUNCTIONS AND DUTIES The functions and duties of the Board shall include, but not be limited to, the following: 1. Plan a comprehensive program to promote tourism to the City of Morro Bay and prepare an annual marketing program consistent with industry goals and objectives. 2. Develop advertising and promotional programs and projects to benefit the lodging industry in Morro Bay 3. Present an annual assessment report to the City Council regarding the implemented promotional programs and projects. 4. Perform any other lawful tasks as directed by the Council. ABSENCE FROM MEETINGS Absence of a Board Member from three consecutive meetings or three meetings in any consecutive 12-111onth period will constitute the voluntary resignation %J the absent member and the position will be declared vacant. ORGANIZATION At the first regular meeting in each year wherein newly appointed Members are seated, the Members shall elect a Chairperson and Vice -Chairperson who shall hold office for a period of one year. The Chair and Vice -Chair of the Board as well as any presiding officers shall be hoteliers. The Chairperson shall preside over meetings, appoint appropriate sub -committees, and direct the affairs of the Committee. In the absence of the Chairperson, the Vice -Chairperson shall perform duties of the office. If both the Chair and Vice -Chair are absent, the remaining quorum shall appoint one member to preside at that meeting. The City of Morro Bay staff will maintain accurate minutes of the official activities of the Board. REVISED: MARCH22, 2016 PAGE24 PROCEDURE Regular meetings shall be held monthly on a regular schedule. The meetings shall be open to the public. The date, time and location along with the meeting agenda shall be noticed in accordance with Government Code Sections 54970-54975. The Chair may close meetings to public comment, provided that the action is consistent with the Brown Act. Agendas, reports, meetings and any and all actions shall be governed by the requirements of the Brown Act, as amended. These advisory board meetings will be conducted in strict compliance with the City Council Policies and Procedures Manual. Where used in the City Council Policies and Procedure Manual, the term "City Council" shall mean the "Board", the term "Mayor" shall mean "Chairperson" and the term "Council Member" shall mean "Board Member". In all matters and things not otherwise provided for in the Bylaws or the Policies and Procedures of the City Council, proceedings shall be governed by "Robert's Rules of Order," revised edition. However, no ordinance, resolution, proceeding or other action of the City Council pertaining to the advisory board shall be invalidated or the legality thereof otherwise affected by the failure or omission to observe or follow "Robert's Rules of Order." Communication between the Board members, and the Council shall be in accordance with the City Council Policies and Procedures as currently adopted. QUORUM A majority of voting members shall constitute a quorum. CITY STAFF The City Manager or the designee of the City Manager shall be responsible for preparing agendas, reports, and minutes pertaining to the Board business and shall attend the Board meetings. All amendments to the By -Laws shall be approved by the City Council. nEvrsED: MARCH22, 2016 PACE25 PURPOSE AND AUTHORITY The Planning Commission is established in accordance with the provisions of Government Code Sections 65100, et seq. The functions of the Planning Commission shall be as follows: A. To develop and periodically review, a general plan and recommend its adoption or any revisions to the city council; B. To maintain and implement the general plan after its adoption by the city council; C. To develop specific plans as may be necessary to implement the general plan; D. To periodically review the capital improvement program of the city for its consistency with the general plan, and forward recommendations to the city council; E. Consult and advise with public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and citizens generally concerning implementation of the general plan. F. Endeavor to promote public interest in, comment on, and understanding of the general plan, and regulations relating to it; G. To perform such other functions as the city council may direct. The Planning Commission shall: A. In addition to the duties and responsibilities set forth by state laws and local ordinances, the planning commission shall act in the public interest and serve in an advisory capacity to the city council on all matters pertaining to the planning function; B. Cooperate with other city boards and commissions, governmental agencies and civic groups in the advancement of sound planning, both within and without the city; C. Formulate policies on planning services for recommendation to the city council; D. Upon the request of the City Council, hold a joint meeting with the city council twice annually to discuss proposed policies, programs, goals and objectives, budgeting, future planning, or any other planning matter requiring joint deliberation. The city clerk shall in January of each year bring forth an agenda item to the city council to schedule the two joint meetings; E. Recommend to the city council the adoption of standards with respect to organization, personnel, facilities, programs and financial support of the planning commission; F. Disseminate to the public information concerning the policies and functions of the planning commission. REVISED: MARCH22, 2016 PAGE26 APPOINTMENT The Planning Commission shall consist of five voting members and they shall be qualified electors and residents of the City. Appointments and the filling of vacancies shall be made by the City Council. Commissioners shall serve at the pleasure of the City Council. TERMS OF OFFICE Members of the Planning Commission shall be appointed by and serve at the pleasure of the City Council. Terms shall be for a period of four years; vacancies shall be filled for the unexpired term only. Two-year short terms may be established to stagger terms. Expiration dates of specific terms shall be established by resolution of the City Council. QUALIFICATIONS A member must be a resident and registered voter of the City during the term of appointment, unless excepted by State Law or Council approved special requirements; must be at least 18 years of age at the time of appointment; and, may not be an Elected Official, Officer, or Employee of the City of Morro Bay. (Council Policies and Procedures, Section 6.6.1) ABSENCE FROM MEETINGS Absence of a Commissioner from three consecutive meetings or four meetings in any consecutive 12-month period will constitute the voluntary resignation ofthe absent member and the position will be declared vacant. ORGANIZATION At the first regular meeting in each year wherein newly appointed Members are seated, the Members shall elect a Chairperson and Vice -Chairperson who shall hold office for a period of one year. The Chairperson shall preside over meetings, appoint appropriate sub -committees, and direct the affairs of the Committee. In the absence of the Chairperson, duties of the office shall be performed by the Vice -Chairperson. If both the Chair and Vice -Chair are absent, then the remaining quorum shall appoint one member to preside at that meeting. The City of Morro Bay staff will maintain accurate minutes of the official activities of the Commission. PROCEDURE Regular meetings shall be held twice a monthly on a regular schedule. The meetings .shall be open to the public. The date, time and location along with the meeting agenda shall be noticed in accordance with Government Code Sections 54970-54975. The Chair may close meetings to nEk7sEo: MARCH22, 2016 PAGE 27 public comment, provided that the action is consistent with the Brown Act. Agendas, reports, meetings and any and all actions shall be governed by the requirements of the Brown Act, as amended. All Commission meetings will be conducted in strict compliance with the City Council Policies and Procedures Manual. Where used in the City Council Policies and Procedure Manual, the term "City Council" shall mean the "Commission", the term "Mayor" shall mean "Chairperson" and the term "Councilmember" shall mean "Commissioner." In all matters and things not otherwise provided for in the Bylaws or the Policies and Procedures of the City Council, proceedings shall be governed by "Robert's Rules of Order," revised edition. However, no ordinance, resolution, proceeding or other action of the City Council pertaining to the Commission shall be invalidated or the legality thereof otherwise affected by the failure or omission to observe or follow "Robert's Rules of Order." Communication between the Commission members, and the Council shall be in accordance with the City Council Policies and Procedures as currently adopted. QU®RUM A majority of voting members shall constitute a quorum. CITY STAFF The City Manager or the designee of the City agendas, reports, and minutes pertaining to Commission meetings. BY-LAW AMENDMENTS Manager shall be responsible for preparing Commission business and shall attend the All amendments to the By -Laws shall be approved by the City Council. REVISED: MARCH22, 2016 PAGE 28 r PURPOSE AND AUTHORITY The Citizens Oversight Committee was established in accordance with the provisions of Morro Bay Municipal Code Section 3.22.120 as a result of Measure Q. The functions of the Citizens Oversight Committee shall be to semi-annually review revenues and expenditures from the collection of tax and present its findings and conclusions to the City Council no later than the last Jay of the sixth month following the end of each City fiscal year. The purpose of the functions of the Citizens Oversight Committee acting in the capacity of a Citizens Finance Committee shall be an advisory body to the City Council. (Hereinafter when this policy refers to "the Committee" it shall be a reference to the Citizens Oversight Committee acting in the capacity of the Citizens Finance Committee. The Committee will review financial documents, and make recommendations, in general, regarding the review of financial information provided to them, concerning the annual budget and mid -year budget review. MISSION STATEMENT The role of the Committee is to provide citizen input to the City Council and staff, regarding financial policy or process issues, including audits, financial budgets, contract expenditures and financial reports. In addition, the Committee's role is to help promote citizen participation with, and understanding of, governmental financial information and processes, such as the financial documents, audits, and budgets, as well as the financial condition of the City. DUTIES 1. Annual review of independent financial audit, with recommendations, as appropriate. 2. Annual review of contract expenditures, with recommendations, as appropriate. 3. Review existing budget document to determine long-term financial sustainability, and make recommendations, as appropriate. 4. Review and provide comments on the mid -year budget reports prior to presentation to City Manager. 5. Review annual budget prior to presentation to the City Council, and make recommendations,. as appropriate. 6. Special financial projects, as directed by the City Council, City Manager or City Treasurer.. REVISED: MARCH22, 2016 PAGE29 7. Propose/recommend additional financial areas of study to the City Council. 8. All recommendations are to be provided to the City Council, in writing, unless otherwise requested, on no less than a semi-annual basis. 9. Submit an annual work program to the City Council review and approval. 10. The Citizens Oversight Committee shall review a semi-annual expense report of the City relative to activities funded with the additional general purpose local sales tax monies and - present its findings and conclusions to the City Council for its review no later than December 31 st each year. �`�� ► ►t ► :►1 it 1; 1 �' The Committee shall have seven citizen -members appointed by the City Council for six year terms with initially three members serving three years, and four members serving six years. Appointees shall be residents of the City; however, no member of the Committee shall be an elected official. Unanticipated vacancies shall be filled for the duration of the unexpired term only. QUALIFICATIONS All Committee Members must be residents and registered voters of the City during the term of appointment, unless excepted by State Law or Council approved special requirements; must be at least 18 years of age at the time of appointment; and may not be an Elected Official, Officer, or Employee of the City of Morro Bay. (Council Policies and Procedures, Section 6.6.1) ABSENCE FROM MEETINGS Absence of a Committee Member from two (2) consecutive meetings or three (3) meetings in any consecutive 12-11-lonth period will constitute the voluntary resignation of the absent member and the position will be declared vacant. ORGANIZATION At the first regular meeting every two years wherein newly appointed members are seated, the members shall elect a Chairperson and Vice -Chairperson who shall hold office for a period of two years. The Chairperson shall preside over meetings, appoint appropriate sub -committees, and direct the affairs of the Committee. In the absence of the Chairperson, the Vice -Chairperson shall perform duties of the office. If both the Chair and Vice -Chair are absent, then the remaining quorum shall appoint one member to preside at that meeting. The City of Morro Bay staff will maintain accurate minutes of the official activities of the Committee. REVISED: MARCH22, 2016 PAGE30 ' I D '1 Regular meetings shall be held monthly on a regular schedule. The meetings shall be open to the public. The date, time and location along with the meeting agenda shall be noticed in accordance with Government Code Sections 54970-54975. The Chair may close meetings to public comment, provided that the action is consistent with the Brown Act. Agendas, reports, meetings and any and all actions shall be governed by the requirements of the Brown Act, as amended. All Committee meetings will be conducted in strict compliance with the City Council Policies and Procedures Manual. Where used in the City Council Policies and Procedure Manual, the term "City Council" shall mean the "Committee", the term "Mayor" shall mean "Chairperson" and the term "Council Member" shall mean "Committee Member". In all matters and things not otherwise provided for in the Bylaws or the Policies and Procedures of the City Council, proceedings shall be governed by "Robert's Rules of Order," revised edition. However, no ordinance, resolution, proceeding or other action of the City Council pertaining to the Committee shall be invalidated or the legality thereof otherwise affected by the failure or omission to observe or follow "Robert's Rules of Order." Communication between the Committee members, and the Council shall be in accordance with the City Council Policies and Procedures as currently adopted. QUORUM. A majority of voting members shall constitute a quorum. CITY STAFF The City Treasurer shall be responsible for preparing agendas, reports, and minutes pertaining to Committee business and shall attend the Committee meetings. BY-LAW AMENDMENTS All amendments to the By -Laws shall be approved by the City Council. nsvlssD: MARCH22, 2016 PACE31