CC 2018-08-14_12b Introduce Ordinance_Commissions MEMORANDUM
TO: CITY COUNCIL
FROM: JAMES BERGMAN, CITY MANAGER
BY: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING THE ARROYO
GRANDE MUNICIPAL CODE TO DISBAND THE TRAFFIC COMMISSION,
PARKS AND RECREATION COMMISSION AND HISTORICAL
RESOURCES COMMITTEE AND TRANSFER DUTIES
DATE: AUGUST 14, 2018
SUMMARY OF ACTION:
The proposed Ordinance will disband the Traffic Commission, Parks and Recreation
Commission, and Historical Resources Committee in order to streamline City practices and
provide more time for staff to serve customers.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The proposed disbandment of specific Advisory Bodies is estimated to reduce a combined
total of approximately 30 hours of staff time per month in the Community Development,
Police, Public Works and Recreation Services Departments. This item is directly related to
adopted reductions in the FY 2018/2019 and 2019/2020 Biennial Budget and will
compensate for administrative and professional staff reductions by eliminating the
generation of staff reports, noticing, staffing of public meetings, and productions of meeting
minutes. The 30 hours represents approximately $30,000 annually in salaries and
benefits.
RECOMMENDATION:
It is recommended the City Council introduce an Ordinance repealing Chapters 2.21, 2.24
and 2.32 of Title 2 of the Arroyo Grande Municipal Code to disband the Traffic
Commission, Parks and Recreation Commission, and Historical Resources Committee;
amending Chapter 2.18 of Title 2 relating to the Planning Commission and Historic
Designation; and adding Section 1.04.140 to Title 1 transferring the duties of the Traffic
Commission, Parks and Recreation Commission and Historical Resources Committee.
BACKGROUND:
During consideration of the FY 2018/2019 and 2019/2020 Biennial Budget, the Council
acknowledged potential impacts to City services due to staff reductions. One of the
potential impacts was the ability to adequately staff all of the City’s eight Advisory Bodies:
Planning Commission, Traffic Commission, Parks and Recreation Commission, Downtown
Parking Advisory Board, Architectural Review Committee, Historical Resources Committee,
Item 12.b. - Page 1
CITY COUNCIL
CONSIDERATION OF AN ORDINANCE AMENDING THE ARROYO GRANDE
MUNICIPAL CODE TO DISBAND THE TRAFFIC COMMISSION, PARKS AND
RECREATION COMMISSION AND HISTORICAL RESOURCES COMMITTEE AND
TRANSFER DUTIES
AUGUST 14, 2018
PAGE 2
Tourism Business Improvement District Advisory Board, and Staff Advisory Committee
(SAC). Except for the SAC, each of these City Advisory Bodies are subject to the Brown
Act and include volunteers appointed by the City Council. The purpose of each Advisory
Body is outlined in the City’s Municipal Code Titles 2, 3 and 16.
Most of the advisory bodies were formed in the 1960’s -1980’s, within the context of a
rapidly growing community, with most of the east-side of town undeveloped, and in a very
different municipal revenue environment. During these dynamic times, previous councils
created advisory bodies to better communicate and connect with the community, provide
for workload management for Council, utilize community members with particular
specialization and passion for issues, offer a training ground for prospective leaders, and to
foster a closer community connection between the elected and citizens.
ANALYSIS OF ISSUES:
The City Council utilizes advisory bodies to hear testimony, consider needs and make
recommendations to staff, other advisory bodies, and the City Council. In particular, the
Parks and Recreation Commission (PRC), Traffic Commission (TC) and Historical
Resources Committee (HRC) were established to act in an advisory capacity to the Council
and the Directors of Parks and Recreation, Public Works, and Community Development
and in some cases, the Architectural Review Committee and the Planning Commission.
At the time of the establishment of most of the advisory bodies, communication platforms
available were rotary phones, typewriters, and the postal service, while today, the
advancement in communication technology provides the opportunity for communication on
multiple platforms (e-mail, texts, social media, website, blogs, public access channels,
webstreaming, cell phones, etc.) In addition to the communication technology revolution, in
the time since forming the various commissions, entire professions have been born,
integrated into college curriculum, matured and added to City staff or provided through
professional consultants such as Traffic Engineers, Planners, and Recreation
professionals. Also in this time, many laws have been created by the Legislature or the
Courts that requires active public input during the review of projects and actions that can
have significant effects on the community. These factors together provide citizens
immediate access to professional staff, the City Manager and the Council. While advisory
bodies remain extremely valued and will be needed in the future for consideration of very
specific issues and projects, the recently adopted budget offers both the necessity and
opportunity to evaluate many business practices of the City, including the proposed
disbandment of certain standing advisory bodies, in order to reduce expenses and increase
efficiency, and most importantly, to provide more time to complete services in a timely and
responsive manner.
Item 12.b. - Page 2
CITY COUNCIL
CONSIDERATION OF AN ORDINANCE AMENDING THE ARROYO GRANDE
MUNICIPAL CODE TO DISBAND THE TRAFFIC COMMISSION, PARKS AND
RECREATION COMMISSION AND HISTORICAL RESOURCES COMMITTEE AND
TRANSFER DUTIES
AUGUST 14, 2018
PAGE 3
Although the issues and work considered by these advisory bodies will continue in terms of
staff meetings with community members, consideration of alternatives and
recommendations, and implementation of solutions, the staff hours saved are directly
related to noticing, preparing staff reports, conducting the meetings, and preparing
necessary minutes and follow up documents. While it is proposed that these advisory
bodies be disbanded, the Council has the ability to appoint an Ad Hoc Committee should a
special need or project arise for which the community would benefit from the formation and
participation of a special committee.
Parks and Recreation Commission:
The PRC was created in 1964 by Ordinance No. 191. They meet on the second
Wednesday each month in the Council Chambers. The Commission is intended to act in
an advisory capacity to the Council and the Directors of Recreation Services and Public
W orks in all matters pertaining to parks and public recreation and to cooperate with other
governmental agencies and civic groups in the advancement of sound park and recreation
planning and programming. During this year, several meetings have been cancelled. In
the previous five years, the Commission has met about 7-8 times each year. PRC activity
has gone up and down over the years depending on what projects and issues arise in the
community and that are referred for consideration by the Director of Recreation or Director
of Public Works relating to items such as parks projects, recreation programs and facilities,
tree appeals, the Dog Park and special events.
Although operating without a PRC would be a significant departure from the historic
practice of the City, its functions may be adequately provided by the Directors of
Recreation Services and Public Works, in conjunction with the Staff Advisory Committee
(SAC) inclusive of all department heads when appropriate, for items such as programming
and small projects including such items as park rules and shade structures; the City
Manager for balancing resources and competing needs, the Planning Commission for
projects associated with development projects, new park planning, or items such as
placement of larger facilities; and the City Council regarding issues such as policy,
appeals, and significant projects.
Traffic Commission:
The Traffic Commission (TC) was established by Ordinance 72 C.S. in 1972. The TC acts
in an advisory capacity to the City Council in the review and development of traffic facilities,
policies, and programs as related to the movement and parking of vehicles within the City;
assists other commissions and committees in providing input to the planning and
implementation process for traffic control for projects with traffic related impacts; and also
acts in an advisory capacity to the Director of Community Development. In practice, the
City Engineer will bring issues to the TC, and TC meetings are also attended by
Item 12.b. - Page 3
CITY COUNCIL
CONSIDERATION OF AN ORDINANCE AMENDING THE ARROYO GRANDE
MUNICIPAL CODE TO DISBAND THE TRAFFIC COMMISSION, PARKS AND
RECREATION COMMISSION AND HISTORICAL RESOURCES COMMITTEE AND
TRANSFER DUTIES
AUGUST 14, 2018
PAGE 4
representatives from Public Works and the Police Department who provide information to
the TC and may respond to Commissioner questions and provide technical information.
The disbandment of the TC is also a significant departure from the historical practice of the
City as it was established in the early seventies and it has provided a significant venue for
community members to air concerns related to traffic and parking over the years. It is
anticipated that should the Council adopt the proposed Ordinance, that minor issues
regarding parking, and issues such as red curbs and vision triangle compliance will be
addressed through the SAC; parking concerns in the Village Improvement District will
continue to be addressed through the Downtown Parking and Advisory Board;
development related traffic and parking analysis will be considered through the Planning
Commission; and policy matters and improvement projects would be referred to the City
Council.
Historic Resources Committee:
The Historical Resources Committee (HRC) was created in 2005 by Ordinance No. 571
and has been amended twice since. Also included in Ordinance No. 571 was the
establishment of a historical designation process. The stimulus to form the Ordinance
beginning in 2003 was to find incentives for the preservation of historic resources in the
City as increasing numbers of older structures were being demolished and replaced. The
findings outlined in the Ordinance include the improvement of the local economy by
attracting tourism and other businesses to the community, the fostering of community
identity and pride, improvement of economic value of historic properties and
neighborhoods, the enhancement of community aesthetics, interest and unique historic
character.
Although the proposed Ordinance disbands the HRC, the whole of the historic designation
process, as well as Mills Act provisions that provide for incentives to preserve historic
properties, will remain in the Development Code within Title 16 of the AGMC. The
administration will continue to be through the Community Development Department with
oversight by the Planning Commission. The proposed Ordinance will transfer some of the
obligations of the HRC as they related to historic preservation to the Planning Commission.
The Planning Commission will follow the same guidelines for the review of potentially
historic properties.
The HRC makes recommendations to the Architectural Review Committee, Planning
Commission and/or Community Development Director. The HRC generally is scheduled
to meet on the second Friday of each month; however, over the last two years, many
meetings have been cancelled. The HRC was very active in its first several years with
surveys and Village projects. However, the HRC has been hampered in their objective to
Item 12.b. - Page 4
CITY COUNCIL
CONSIDERATION OF AN ORDINANCE AMENDING THE ARROYO GRANDE
MUNICIPAL CODE TO DISBAND THE TRAFFIC COMMISSION, PARKS AND
RECREATION COMMISSION AND HISTORICAL RESOURCES COMMITTEE AND
TRANSFER DUTIES
AUGUST 14, 2018
PAGE 5
designate properties due to the expertise it takes to ensure the proper criteria are met. It is
likely that that work will continue on a project by project basis as potential applicants design
projects. The focus on the HRC on historic designations was intended to ensure that they
were completed in a proactive manner so potential applicants are not caught off-guard in a
protracted process to develop properties. Although the HRC has not made continued
progress on designations, there have been significant accomplishments provided by the
Committee, including many surveys and particularly the Council adoption of Resolution No.
4512 of a Historic Context Statement encompassing twenty-five (25) properties in 2013.
Additionally, also in 2013, the Council adopted Resolutions 4531 and 4432 adopting Mills
Act requirements and a Historic Preservation Award Program.
Current undertakings for the HRC include additional survey preparations and the formal
designation of the Tabernacle structure at Camp Arroyo Grande. The survey work will
require future resources to hire historical architects who specialize in the work. The
Tabernacle structure is currently being evaluated by such a professional and staff
anticipates findings to be submitted in the next month. If the proposed Ordinance is
adopted, recommendations from that survey or future project surveys will be taken to the
Planning Commission to determine the historic designation.
The proposed Ordinance also includes a catch-all provision that states any duties assigned
by the AGMC to be performed by the TC or HRC will be performed by the Community
Development Director or referred by the Community Development Director to the Planning
Commission or City Council and duties assigned to the PRC will be performed by the
Director of Recreation Services or Director of Public Works or referred to the Planning
Commission or City Council.
If the proposed Ordinance is adopted, there will be an additional clean-up Ordinance
required in the future to remove references to the PRC, TC and HRC throughout the
AGMC. However, these modifications are minor in nature and would not be substantial
changes in procedure or policy.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Introduce the proposed Ordinance,
2. Modify and introduce the proposed Ordinance,
3. Do not introduce the proposed Ordinance, or
4. Provide direction to staff regarding other the inclusion of other advisory bodies such
as the Architectural Review Committee or other direction.
Item 12.b. - Page 5
CITY COUNCIL
CONSIDERATION OF AN ORDINANCE AMENDING THE ARROYO GRANDE
MUNICIPAL CODE TO DISBAND THE TRAFFIC COMMISSION, PARKS AND
RECREATION COMMISSION AND HISTORICAL RESOURCES COMMITTEE AND
TRANSFER DUTIES
AUGUST 14, 2018
PAGE 6
ADVANTAGES:
The advantages of disbanding the PRC, TC, and HRC include streamlining and simplifying
city business related to parks and recreation, traffic and historic resources, as a result of
the elimination of certain tasks required to staff these advisory bodies.
DISADVANTAGES:
The disadvantages to disbanding the PRC, TC, and HRC include the loss of additional
opportunities for community comment, the potential loss of transparency, or facilitated
community participation in decision making related to issues surrounding parks and
recreation, traffic concerns and historic resources.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
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. At the time of report publication, no comments have
been received.
Item 12.b. - Page 6
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE REPEALING CHAPTERS 2.21, 2.24 AND 2.32 OF TITLE 2 OF
THE ARROYO GRANDE MUNICIPAL CODE TO DISBAND THE
TRAFFIC COMMISSION, PARKS AND RECREATION COMMISSION
AND HISTORICAL RESOURCES COMMITTEE; AMENDING CHAPTER
2.18 OF TITLE 2 RELATING TO THE PLANNING COMMISSION AND
HISTORIC DESIGNATION; AND ADDING SECTION 1.04.140 TO TITLE
1 TRANSFERRING THE DUTIES OF THE TRAFFIC COMMISSION,
PARKS AND RECREATION COMMISSION AND HISTORICAL
RESOURCES COMMITTEE
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapters 2.21, 2.24 and 2.32 of the Arroyo Grande Municipal Code are
hereby repealed in their entirety.
SECTION 2. Section 1.04.140 of the Arroyo Grande Municipal Code is hereby added to
read in its entirety as follows:
1.04.140 – Former Duties of Traffic Commission, Historical Resources Committee
and Parks and Recreation Commission.
Any duties previously assigned by the Arroyo Grande Municipal Code to be
performed by the Traffic Commission or Historical Resources Committee will be
performed by the Community Development Director or referred by the Community
Development Director to the Planning Commission or City Council and any duties
assigned to the Parks and Recreation Commission will be performed by the Director of
Recreation Services or Director of Public Works or referred by the Director of Recreation
Services or Director of Public W orks to the Planning Commission or City Council after the
effective date of Ordinance No. ______ adopted on _________, 2018.
SECTION 3. Chapter 2.18 of the Arroyo Grande Municipal Code is hereby amended to
add Sections 2.18.090 and 2.18.100 of the Arroyo Grande Municipal Code to read in their
entirety as follows:
2.18.090 – Historic Designation.
The planning commission may nominate places, properties, structures or areas,
which they recommend be considered for local, state or national historical designation or
considered as an important setting or contributing to the historic character of the
surrounding environment.
2.18.100 - Guiding purposes in reviewing projects and Historic Designations.
In reviewing potential designations, the planning commission shall be guided by
the following purposes and intent:
A. To ensure consistency with the general plan and compliance with the provisions
of Title 16 of this code;
Item 12.b. - Page 7
ORDINANCE NO.
PAGE 2
B. Promote the designation, preservation, restoration, safety and use of historic
structures to enrich the lives of future generations, providing opportunities to
enjoy and learn about the community's history;
C. Improve the local economy by attracting tourism and other business to the
community;
D. Foster a sense of community identity and pride;
E. Stabilize and improve the economic value of historic properties and
neighborhoods;
F. Enhance the community's aesthetics, interest, and unique historic character;
G. Encourage and provide incentives to property owners to preserve and restore
historic properties, and to sensitively rehabilitate them for adaptive re-use when
necessary.
SECTION 4. This Ordinance is exempt from CEQA pursuant to CEQA Guidelines
Section15061(b)(3) which is the general rule that CEQA applies only to projects which
have the potential for causing a significant effect on the environment and CEQA does not
apply where it can be seen with certainty that there is no possibility that the activity may
have a significant effect on the environment.
SECTION 5. A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) 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 fifteen
(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. This
Ordinance shall take effect and be in full force and effect thirty (30) days after its passage.
SECTION 6. This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
On motion by Council Member ______, seconded by Council Member _______, and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this ____ day of _______, 2018.
Item 12.b. - Page 8
ORDINANCE NO.
PAGE 3
___________________________________
JIM HILL, MAYOR
ATTEST:
___________________________________
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
________________________________
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
___________________________________
HEATHER K. WHITHAM, CITY ATTORNEY
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