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Home My WebLink AboutCC 2025-04-08_11a AGMC Amendments Regarding Bylaws for Advisory BodiesItem 11.a. MEMORANDUM TO: City Council FROM: Brian Pedrotti, Director of Community Development SUBJECT: Amendments to Titles 2 and 3 of the Arroyo Grande Municipal Code Regarding Bylaws for the City’s Advisory Bodies DATE: April 8, 2025 RECOMMENDATION: 1) Introduce an Ordinance amending Titles 2 and 3 of the Arroyo Grande Municipal Code relating to the bylaws for various City bodies, titled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLES 2 AND 3 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO BYLAWS FOR VARIOUS CITY BODIES AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; and 2) Find that the Ordinance is exempt from the California Environmental Quality Act (CEQA) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines section 15060, subd. (c)(2); 15061(b)(3)). IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: No financial impact is anticipated. BACKGROUND: The City Council of the City of Arroyo Grande has established various advisory and decision-making bodies by resolution, including:  The Architectural Review Committee (ARC) is authorized by AGMC Chapter 2.19, and is responsible for reviewing and making architectural review recommendations on certain development projects.  The Planning Commission (PC) is authorized by Arroyo Grande Municipal Code (AGMC) Chapter 2.18, and is responsible for reviewing and approving various planning and development projects.  The Tourism Business Improvement District (TBID) is authorized by AGMC Chapter 3.46 and is responsible for providing revenue to defray the costs of services, activities and programs promoting lodging businesses in the district through the Page 169 of 220 Item 11.a. City Council Amendments to Titles 2 and 3 of the Arroyo Grande Municipal Code Regarding Bylaws for the City’s Advisory Bodies October 8, 2024 Page 2 promotion of scenic, recreational, cultural and other attractions in the district as a tourist destination.  The Downtown Parking Advisory Committee (DPAB) is authorized by AGMC Section 3.28.090 and is responsible for advising the City Council and making recommendations as to how the revenue derived from the additional levy of license taxes on parking shall be used and other parking-related issues.  The Community Services Grant Program Committee (CSGPC) is responsible for advising the City Council on the issuance of Community Service Grant Program funds. All of the City’s bodies consist of five members appointed by each City Councilmember. Currently, these bodies have inconsistencies in the development of their bylaws and contain differing amendment provisions. PC and ARC operate under their own bylaws without formal City Council approval while the TBID includes the requirement that all amendments must be approved by the City Council. The DPAB and CSGPC operate without adoption of by-laws. ANALYSIS OF ISSUES: To ensure alignment with City policies and goals, the proposed Ordinance would establish a formal process whereby the bylaws of all bodies must be approved by the City Council. This change would: 1. Enhance consistency between these bodies and overall City policies. 2. Provide greater transparency in the operation of these committees. 3. Allow for Council input on the governance of these important advisory and decision-making bodies. ARC Bylaws. The ARC bylaws were adopted by the ARC in August of 2016, and have been historically amended by the ARC themselves. Approval by the City Council of the ARC bylaws will be a different process and represents the first time that the City Council has taken action on these. AGMC Section 2.19.060 currently states: “The committee shall adopt bylaws, which shall establish rules, regulations, and procedures to conduct meetings. The bylaws shall include provisions for selection of a chairperson and vice-chairperson.” The proposed change is provided below with changes indicated by strikethrough and underlined text: “The committee city council shall adopt bylaws, which shall establish rules, regulations, and procedures to conduct meetings. The bylaws shall include provisions for selection of a chairperson and vice-chairperson.” PC Bylaws. The current PC bylaws were adopted in 2009. Approval by the City Council of the PC bylaws will also be different from this historical amendment process. AGMC Page 170 of 220 Item 11.a. City Council Amendments to Titles 2 and 3 of the Arroyo Grande Municipal Code Regarding Bylaws for the City’s Advisory Bodies October 8, 2024 Page 3 Chapter 2.18 currently is silent on the authority for approval of bylaws. The proposed addition to this AGMC Chapter is to include a new Section 2.18.110 stating: “The city council shall adopt bylaws governing the membership and operations of the advisory board.” TBID Bylaws. The current TBID by-laws were adopted by the City Council in 2023. No action from the City Council is needed on the TBID bylaws. DPAB Bylaws. Section 3.28.090 of the AGMC references the DPAB but is silent on the authority for bylaws. Further, the DPAB does not have adopted bylaws. The proposed change to this AGMC Chapter is to include a new Section 3.28.090.C stating: “The city council shall adopt bylaws governing the membership and operations of the advisory board.” The CSGPC was established by City Council policy in 2014, does not have adopted by- laws, and are not referenced in the AGMC. Any future creation of by-laws or amendments to existing by-laws of any advisory body would also require Council approval. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Introduce the Ordinance as recommended; or 2. Modify as necessary and introduce the Ordinance; or 3. Provide other direction to staff. ADVANTAGES: A formal process whereby the bylaws of all City bodies are approved by the City Council enhances consistency and greater transparency in the governance of these bodies. DISADVANTAGES: None identified. ENVIRONMENTAL REVIEW: The proposed Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines sections 15060(c)(2) and 15061(b)(3) because it will not result in a direct or reasonably foreseeable physical change in the environment; and the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The code amendments would only establish the approval process for the bylaws of the City’s bodies, which is not an authorization for any development or construction. Thus, it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA. Page 171 of 220 Item 11.a. City Council Amendments to Titles 2 and 3 of the Arroyo Grande Municipal Code Regarding Bylaws for the City’s Advisory Bodies October 8, 2024 Page 4 PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. A public hearing notice was published in the New Times on March 27, 2025. ATTACHMENTS: 1. Proposed Ordinance Page 172 of 220 ATTACHMENT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLES 2 AND 3 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO BYLAWS FOR VARIOUS CITY BODIES WHEREAS, AGMC Section 2.19.060 establishes the rules of adoption of bylaws for the Architectural Review Committee; and WHEREAS, this ordinance amends AGMC Section 2.19.060 so that the City Council shall adopt the bylaws of the Architectural Review Committee; and WHEREAS, AGMC Chapter 2.18 establishes the rules and procedures for the Planning Commission; and WHEREAS, this ordinance adds AGMC Section 2.18.110 so that the City Council shall adopt the bylaws of the Planning Commission; and WHEREAS, AGMC Section 3.28.090 establishes the rules and procedures for the Downtown Parking Advisory Board; and WHEREAS, this ordinance adds AGMC Section 3.28.090.C so that the City Council shall adopt the bylaws of the Downtown Parking Advisory Board; and WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled public meeting on April 8, 2025 introduced this Ordinance to amend Section 2.19.060, add Section 2.18.110 and add Section 3.28.090.C; and WHEREAS, on April 8, 2025, the City Council conducted a duly noticed hearing to consider the ordinance, including: (1) the public testimony and agenda reports prepared in connection with the ordinance; and (2) the policy considerations discussed therein; and WHEREAS, all legal prerequisites to the adoption of the ordinance have occurred. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1. Incorporation. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Environmental. The City Council finds that this ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines sections 15060(c)(2) and 15061(b)(3) because it will not result in a direct or reasonably foreseeable physical change in the environment; and the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing Page 173 of 220 ORDINANCE NO. PAGE 2 a significant effect on the environment. The code amendments would only establish the approval process for the bylaws of the City’s advisory bodies, which is not an authorization for any development or construction. Thus, it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 3. Code Amendment. Section 2.19.060 of Chapter 2.19 of Title 2 of the Arroyo Grande Municipal Code is hereby amended to read in its entirety as follows: “2.19.060 – Rules The city council shall adopt bylaws, which shall establish rules, regulations, and procedures to conduct meetings. The bylaws shall include provisions for selection of a chairperson and vice-chairperson.” SECTION 4. Code Amendment. Section 2.18.110 of Chapter 2.18 of Title 2 of the Arroyo Grande Municipal Code is hereby added to read in its entirety as follows: “2.18.110 – Bylaws The city council shall adopt bylaws, which shall establish rules, regulations, and procedures to conduct meetings.” SECTION 5. Code Amendment. Section 3.28.090 of Chapter 3.28 of Title 3 of the Arroyo Grande Municipal Code is hereby amended to read in its entirety as follows: “3.28.090 – Downtown Parking Advisory Board A. For the purpose of advising the council and making recommendations as to how the revenue derived from the additional levy of license taxes imposed by this chapter shall be used within the scope of the purposes set forth in Section 3.28.080, and to have and perform such other powers and duties as the council may determine, there shall be created a downtown parking advisory board consisting of five members to be appointed by the council and to serve at its pleasure and without compensation, such members to be persons who have businesses within the area and pay an additional levy of license taxes as provided for by this chapter. Appointments for the board and the filling of vacancies shall be made in the manner provided by resolution of the council. Vacancies shall be filled for unexpired terms only. The council may annually approve a budget to include an estimate of the expenditures to be made to carry out the purposes of the area. B. The members of the downtown parking advisory board shall serve for a term as specified by resolution of the council. C. The city council shall adopt bylaws governing the membership and operations of the advisory board.” Page 174 of 220 ORDINANCE NO. PAGE 3 SECTION 6. Publication. A summary of this ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five days prior to the City Council meeting at which the proposed ordinance is to be adopted. A certified copy of the full text of the proposed ordinance shall be posted in the office of the City Clerk. Within 15 days after adoption of the ordinance, the summary with the names of those City Council members voting for and against the ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted ordinance. SECTION 7. Effective Date. This ordinance shall become effective 30 days after adoption. SECTION 8. Severability. Should any provision of this ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this ordinance or the application of this ordinance to any other person or circumstance, and, to that end, the provisions hereof are severable. The City Council declares that it would have adopted all the provisions of this ordinance that remain valid if any provisions of this ordinance are declared invalid. SECTION 9. Records. The documents and materials associated with this ordinance that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at 300 E. Branch Street, Arroyo Grande, CA 93420. The City Clerk is the custodian of the record of proceedings. On motion by Council Member ______, seconded b y Council Member _______, and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this ____ day of _______, 2025 Page 175 of 220 ORDINANCE NO. PAGE 4 ___________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: ___________________________________ JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: ___________________________________ MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ___________________________________ ISAAC ROSEN, CITY ATTORNEY Page 176 of 220