ATTACHMENTS: Draft ADRB Bylaws
PREPARED BY: Liz Ruess, Long-range Planning & Special Projects RECOMMENDATION: For information only; no action required. -510-
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TOWN OF HILLSBOROUGH
ARCHITECTURE AND DESIGN REVIEW BOARD
BYLAWS
[September 2022]
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ATTACHMENT 1
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TABLE OF CONTENTS
Section 1 – Preface ............................................................................................... 2 Section 2 – Board Officers and Duties .................................................................. 3 Section 3 – Meetings ............................................................................................ 4 Section 4 – Agendas and Minutes ........................................................................ 5 Section 5 – Meeting Conduct ................................................................................ 6 Section 6 – Board Member Conduct ..................................................................... 8 Section 7 – Conflicts of Interest/Code of Ethics .................................................. 10 Section 8 – Amendment of Bylaws ..................................................................... 11 BYLAWS
of the
TOWN OF HILLSBOROUGH ARCHITECTURE AND DESIGN REVIEW BOARD Section 1 - Preface
Pursuant to Section 2.12.050 of the Town of Hillsborough Municipal Code (“HMC”), this document presents the bylaws of the Town of Hillsborough Architecture and Design Review Board (“Board”). These bylaws shall be consistent with the laws of the State of California or with the ordinances, resolutions or regulations of the Town of Hillsborough. Any modifications to these bylaws must be consistent with the underlying provisions of the HMC, as well as all applicable laws.
The intent of these bylaws is to assist and be used by the Board in performing its duties and conducting its meetings. Failure to adhere strictly to a provision of the bylaws shall not, in and of itself, invalidate any action of the Board or the City Council, nor shall it constitute a violation of law or procedure nor provide a basis for any claim or cause of action against the Town. If a conflict arises between these bylaws and the HMC, the HMC shall control.
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Section 2 – Board Officers and Duties
A. Officers.
The officers of the Board shall consist of a Chair, Vice-Chair, and a Secretary.
B. Selection.
The election of a Chair and Vice-Chair shall be conducted at the first Board meeting held in January of each year. The newly elected officers shall assume office immediately for a period of one year.
If the Chair vacates his or her position at any time during the term of office, the Vice-Chair shall assume the duties of the Chair until the next scheduled election and a new Vice-Chair shall be selected at the next scheduled meeting.
C. Alternate Member.
One or more alternate members of the Board may also be appointed by the City Council. The alternate member may not participate in any discussions, make a motion, second a motion, or vote on any agenda items except under the following circumstances:
1. If one or more regular voting members is absent.
2. If there is a vacant seat or a conflict of interest causing the number of regular voting members to be less than the full membership of the Board.
3. If a regular voting member shows up late to a meeting, he or she cannot vote on
the agenda item if the alternate has been designated at the start of that item.
4. If only one of two alternate members may vote, the voting privilege is by seniority, or otherwise established by the Board.
If a regular voting member resigns prior to a designated term ending date, the alternate will automatically assume the vacant position.
D. Duties.
The duties of the Board officers shall be as follows:
Chair. The Chair shall preside over all meetings of the Board.
Vice-Chair. The Vice-Chair shall assist the Chair in the execution of his or her office and act in his or her absence.
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Secretary. It shall be the duty of the Secretary to keep records of all meetings of the Board. A member of Town Staff may serve as the Secretary to the Board.
Section 3 - Meetings
A. Location.
Unless held virtually, the Board shall hold all of its meetings, whether the same shall be a regular or special meeting or study session, in the Council Chambers, 1600 Floribunda Avenue, Hillsborough, or in any such other place after notice duly given, within the corporate limits of the Town.
B. Regular Meetings.
Regular meetings shall generally be held on the first Monday of the month at 4:00 P.M. in the Council Chambers, unless otherwise specified on the annual calendar. The Board shall, on an annual basis, designate its regular meetings for the ensuing year.
C. Adjourned Meetings.
Any regular meeting may be adjourned to a designated date, time and place and, when so adjourned, shall be considered as an adjourned regular meeting, and the agenda shall be the unfinished items of business on the same agenda as the meeting at which the adjournment took place. Any meeting may be adjourned from time to time by a majority vote of the members present.
D. Meetings on Holidays.
Meetings shall not be held on holidays. In any event, all rescheduled meetings shall be noticed as appropriate and/or required.
E. Special Meetings.
Special meetings of the Board are meetings called in addition to those on the approved meeting schedule. Special meetings may be called by the Chair with the consent of at least three (3) other members or called with the consent of four (4) members of the Board. The Brown Act requires the agenda for special meetings to be posted twenty-four (24) hours prior to the meeting.
F. Cancellation of Meetings.
Meetings may, for good and valid reasons, be canceled by the Chair or Town staff upon such notification as may be reasonable and appropriate under the -514-
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circumstances. Such notice shall state the reasons for cancellation and set forth the date to which the meeting has been continued and/or adjourned.
G. Other Meetings.
Workshops, study sessions, and retreats are meetings convened for informational purposes, Board member training, and study sessions and do not require the Board to take any action. Such meetings shall be posted in the same manner as special meetings as described in Section 4.E.
H. Attendance.
Regular attendance at meetings of the Board is required of all members to enable the Board to discharge the duties imposed upon it by law.
Each Board member who knows that he or she will not be able to attend a scheduled meeting of the Board due to illness or an unavoidable absence shall notify the Secretary and the Chair at the earliest possible opportunity. The Secretary shall notify the Chair in the event that the projected absences will produce a lack of quorum. Members shall not be absent from more than three meetings during a 12-month period; and upon the fourth absence within such a 12-month period, the matter will be placed on the City Council’s agenda for consideration and action as may be appropriate.
I. Quorum.
At any meeting of the Board, a majority of the members of the Board shall constitute a quorum for the transaction of business. A meeting cannot be conducted without a quorum of the Board. If enough Board members abstain due to a conflict of interest so as to lose a quorum, the Board shall exercise the rule of necessity to regain a quorum, as allowed by law. Otherwise, disqualified Board members shall be chosen by a draw of straws until a quorum is reached. The Board member so chosen shall continue to participate in the meeting until that matter until is concluded.
Section 4 – Agendas and Minutes
A. Agenda Contents.
The agenda shall contain the place, date and time of the meeting and items to be discussed at the meeting, consistent with the Brown Act.
Items can be placed on the agenda by staff as part of their responsibility in reviewing applications.
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Any Board member may request the placement of an item on a future Board agenda. Staff shall advise the Board regarding the amount of time that may be necessary to prepare background materials related to the requested item and when the next available agenda opening would be. By majority vote, the Board may place the requested item on a future available agenda, providing at least seventy-two (72) hours prior to the meeting at which such item shall be considered in order to comply with the Brown Act and allow staff to prepare appropriate support materials. Items requiring additional public noticing will be placed on the next available agenda, within the scope and jurisdiction of the Board.
B. Minutes.
The Board shall keep a record of its resolutions, transactions, findings and determinations. The Secretary shall maintain minutes of all proceedings. The meeting agenda and minutes are a public record and shall be available for inspection.
The minutes shall reflect the maker of the motion and the second for all actions.
The vote
of each Board member shall be recorded in the minutes.
Section 5 – Meeting Conduct
A. Rules.
Robert’s Rules of Order, Revised, except where inconsistent with the express provisions of law, these bylaws, or other resolutions of the Board, shall govern the conduct of meetings of the Board. No proceeding or action of the Board shall be invalidated, or the legality thereof affected, by the failure or omission to observe or follow such rules of procedure.
B. Addressing the Board.
As per the Brown Act, the public may comment on any agenda item, but shall do so in the following manner:
Each person addressing the Board is requested, but not required, to give his/her name and address in an audible tone of voice for the record and to provide the same on a speaker register used to prepare the meeting minutes. Unless additional time is granted by the Chair, all remarks shall be limited to three (3) minutes and shall be addressed to the Board as a body and not to any individual member thereof. The Chair may limit repetitive testimony in the interest of time. -516-
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Only members of the Board or the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Board, except through the Chair. Any person who wishes to address the City Attorney or staff shall do so through the Chair and not pose questions or remarks to the Attorney or staff directly.
C. Voting.
The Chair, Vice-Chair and each Board member shall be entitled to cast one vote as to each motion.
The voting shall be by a voice vote, unless the Chair determines a roll call vote is necessary for the clarity of the voting record. In any event, the results of each vote shall be announced in compliance with the provisions of the Brown Act.
D. Tie-Vote, Lack of Majority Vote.
A majority of the members of the Board present and voting is required to pass a motion. When either a tie-vote or lack of majority vote occurs, the motion fails, thereby resulting
in no action. A majority vote is necessary to take action on an item, regardless of whether the Board has final authority or advisory authority. In all cases, the Board shall work towards formulating a majority recommendation. If this cannot be achieved, the Board shall clearly summarize their issues to provide direction to the applicant or to the City Council.
E. Abstentions.
Prior to taking action, the Board must receive and weigh all presented evidence and testimony. In cases where a Board member is not present for public testimony on an item, the Board member should abstain from voting. This notwithstanding, in cases where an item has been continued from a meeting at which a decision-maker has been absent, the decision-maker can review the recording of the meeting or the meeting minutes and participate in the continued hearing and vote.
A Board member abstaining from voting shall state a reason.
F. Order of Business.
The normal order of business for all meetings shall be as follows:
1. Call to Order
2. Roll Call
3. Approval of Minutes
4. Public Comment (matters not on the agenda)
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5. Consent Calendar
6. Public Hearings
7. Board Member and Staff Reports
8. Adjournment
G. Order of Procedure, Public Hearing Guidelines.
The following guidelines are for general agenda items. Variations on the guidelines for
public hearing items are noted in parentheses.
1. Staff report
2. Clarifying questions to staff
3. Applicant presentation
4. Clarifying questions from Board members to Applicant
5. Public comment on item (Chair opens public hearing)
6. Applicant responds to questions, comments for clarification, amplification (Close public hearing)
7. Board members deliberate, discuss the item
8. Board members vote
The Chair may vary the order otherwise provided above.
H. Close of Public Hearing.
No evidence shall be taken after the public hearing is closed on a matter.
I. Reports by Staff.
Written reports by staff shall be considered a part of the official record of the proceeding to which they relate. Copies of any such written report shall be made available to the public at any hearing held on the proceeding to which such report relates.
Section 6 – Board Member Conduct
A. Recognition from Chair to Make Remarks.
A Board member shall obtain recognition from the Chair and address all remarks including those to staff and the City Attorney to the Chair. Once a Board member has the floor, questions to the City Attorney and staff shall be directed through the Chair.
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B. Appropriate Remarks.
A Board member should confine remarks to the merits of the pending question.
All statements should have bearing on the adoption of the immediately pending question.
A Board member should refrain from offensive remarks directed towards another Board member, staff or the public.
C. Courtesy to Others.
Board members should conduct themselves at meetings in a fair, understanding and gracious manner. Board members shall be considerate of all individuals, attitudes and the differences of opinion involved. Board members may, with permission from the Chair, direct questions for fact or clarification to persons giving testimony; however, Board members should refrain from debating with the public or one another or from expressing their opinion on the matter while testimony is being taken. Board members should reserve their opinions to the discussion period preparatory to voting.
Each Board member shall maintain and promote respect for the Board, its members, staff and the public. Likewise, the Board shall require corresponding respect from all who attend meetings.
A Board member should refrain from disrupting the Board and give courteous attention to other speakers.
No Board member should speak a second time on a question if any member who has not yet spoken on the question wants to do so.
A Board member should be open to all concerns and listen to all participants with an open mind, even if he/she disagrees with them.
D. Ex-parte Communications and Site Visits.
Board members are discouraged from suggesting any change to any project to the applicant or staff before the project is considered by the Board as a whole. In addition, to ensure that all Board members receive the same information relative to a project that will be reviewed by the Board, any ex-parte communications and site visits should be disclosed by the Board member at the Board meeting, prior to the item being considered.
E. Professionalism.
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Board members are expected to exhibit a professional demeanor during public meetings at all times, to ensure decorum and respect to fellow Board members, staff and the public.
F. Meeting Participation.
Each Board member’s input is important and valued. All Board members in attendance are expected to participate.
It shall be the obligation of every Board member participating in a meeting to be familiar with the facts in order to reach an informed, independent judgment.
G. Position Justification.
Public decisions must be accompanied with coherent reasons since statements are incorporated into the legal record. Each Board member shall provide justification that considers the project's consistency with the Town’s Residential Design Guidelines.
H. Staff and Board Member Roles.
Staff’s Role. Planning staff’s role is to provide the Board with the information it needs to make an independent decision and to provide the Board with a professional recommendation supported with analysis. Staff’s responsibilities include public noticing and reviewing of applications for completeness and compliance with all local and state codes, including the California Environmental Quality Act (CEQA). In addition, staff shall assist with facilitating meetings.
Board Member’s Role. A Board member’s role is to review the information provided by staff, evaluate written and oral testimony provided by the general public and the applicant, to analyze the project proposal itself, and to make an independent decision which is in the best interests of the Town and in conformance with the Town’s Residential Design Guidelines and applicable laws and regulations.
I. The Brown Act.
The Brown Act is the California Open Meeting Law. The Board and Board members are subject to its provisions. Board members with questions should contact the City Attorney or staff.
Section 7 – Conflicts of Interest/Code of Ethics
A. Conflicts of Interest.
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The City Attorney can provide advice on avoiding legal and perceived conflicts of interest. Questions on a possible conflict should be addressed to the City Attorney prior to the meeting. Any Board member who has a conflict of interest with an item on the agenda shall excuse him/herself prior to the introduction of the agenda item.
If at a meeting, an unresolved issue arises as to whether a Board member may have a conflict of interest on an agenda item, the Board may seek the advice of the City Attorney. The Board may continue the item to a future agenda for resolution of the matter, with consideration of any applicable laws (e.g., Permit Streamlining Act, Housing Accountability Act).
B. Code of Ethics.
Board members shall serve the public by making decisions and taking actions consistent with the Board’s purpose and duties, as specified in Chapter 2.12 of the HMC, and that promote public confidence in the integrity, independence, ability and impartiality of the Board.
Board members shall not convey the impression that they are in a position to influence the outcome of a decision of the Board and shall not use their office in an attempt to influence or sway the analysis, comments or recommendations of staff.
Board members shall act without favor or prejudice toward any person or group.
Board members shall not allow personal, business or financial relationships or interests to influence or impact their conduct or decisions in connection with Board business.
Section 8 – Amendment of Bylaws
These bylaws may be amended by a majority vote of the members of the Board. -521-
TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
111
INFORMATIONAL
CITY COUNCIL MEETING
NOVEMBER 14, 2022
AGENDA STAFF REPORT
ITEM SUBJECT: CITY MANAGER'S UPDATE
SUMMARY: The City Manager will provide an informational update related to Town projects, events and activities of interest to the community.
FISCAL IMPACT: There is no fiscal impact associated with this agenda item.
ENVIRONMENTAL ISSUES: This informational item is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) guidelines sections 15378(b)(2) and 15378(b)(5) as ongoing administrative or organizational activities that will not result in direct or indirect physical changes in the environment.
ATTACHMENTS: None
PREPARED BY: Ann Ritzma, City Manager
RECOMMENDATION: For information only; no action required. -523-